š …...” *， , «»（ 'šº., i,“...º.º. ſ. x!！!！！ '#.） ſ ºſ §%. * ~~~~. --~~~~ ~ § 4.3 - ** ** | Eº Eº -º Eº º C º E. E. -L Es Eº -U Es E C Eº E E. E: Es º Es Eº |-i} Es Es E; E: SS s f USA.J. º Sº, º.º. V upplk:IIICII US to this volume will be issued every few weeks as sufficient matter accumu- lates They are published in the weekly advance sheets of the Federal Reporter or can be purchased for 25 cents each Order through us or your law book dealer WEST PUBLISHING CO. C 12837 ,-> * * - -Ul Ş Ala 12 - . AJ * * ~~~ … \ * ...” #~. - ºr -º- * ?, * & . . . . *…** r \l *~~ “A.” º* | §º S-3.4.4.4.3.3 :: * 2-& - * .# 5 & U.S. COMPILED STATUTES 1918 . COMPACT EDITION EMBRACING THE STATUTES OF THE UNITED STATES OF A GENERAL AND PERMANENT NATURE IN FORCE JULY 16, 1918 - WITH AN APPENDIX COVERING ACTS JUNE 14 TO JULY 16, 1918 COMPILED ON THE PLAN DEVISED BY JOHN A. MALLORY BY THE PUBLISHER'S EDITORIAL STAFF S T. P. A U L WEST PUBLISHING CO. 1918 - CoPYRIGHT, 1918 BY - WEST PUBLISHING COMPANY (COMP.ST.’18) PREFACE WITHIN the last few years the field of federal legislation has broadened so greatly that a copy of the statutes of the United States is as essential a part of a lawyer's equipment as the stat- utes of his own state. Moreover, every citizen is affected by congressional legislation, and ac- cess to the statutes is necessary for almost every one, in order that he may know his duties, and responsibilities and safeguard his rights. - - Because of these facts there has been an increasing demand for a compact volume giving ready access to the text of the statutes. The present volume is intended to meet this demand. It is the well-known U. S. Compiled Statutes, complete as to the text of the statutes, and brought down to the very latest date, viz. July 16, 1918. The latest statutes, received since going to press, from June 14 to July 16, 1918, will be found in the Appendix. It is possible to put it in this compact form by typographical devices, and by omitting all notes of judicial construction and compressing the historical and explanatory notes. These historical and ex- planatory notes, however, are inserted wherever it is necessary, and are carefully edited, so as to aid the reader in finding related matters as quickly as possible. . . . (iii)* TABLE OF CONTENTS Page Preface . . . . . . . . . . . . . -e e e s e e e s e e s e a e s e e e e s e e s e e º e s = e e s e e e s e s e e s • * * * * * * * * * * * * * * * * * * * iii Table of Titles and Chapters • e e e s e e e s e e s e e s e s e e s e e o e s e e s e e s e e e s e s e e e e s e a • * * * * * * * * * * V11 Organic Laws of the United States of America— Declaration of Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Articles of Confederation. . . . . . . . . . e o e s e - - - - - - - - - - - - - - - - - - - - - - - * * * * * * * * * * * * * * 3 Northwest Territorial Government Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • - - - - 9 Compiled Statutes 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17–1736 Appendix ...… ... 1737 Table of Revised Statute Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1801 Chronological Table of Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • e e s e e. . . . . . . . . . . . . . . 1819 Table of Acts Cited by Popular Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1949 General Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1959 COMP.S.T.’18 (v)* TABLE OF TITLES AND CHA PTE RS REVISED STATUTES OF 1874 AND 1878 WITH SUCH ADDITIONAL TITLES AND CHAPTERS AS HAVE BEEN OF THIS COMPILATION FOLLOWING THE PLAN ADOPTED BY CONGRESS IN THE FOUND NECESSARY FOR THE INCORPORATION OF THE NEW LEGISLATION [Chapters appearing in this table without a section reference indicate that such chapters are included only in skeleton form, the laws formerly included therein having been repealed or superseded by other laws.] \ TITLE, I-GENERAL PROVISIONS TITLE X—THE DEPARTMENT OF Chap. Sec. + 1. "befinitions • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 Cººr, Departm º Sec, 2. Form and enactment of statutes and effect of B. r € º ment and the Secretary of the Navy 616 repeals tº e º 'º e º e º 'º tº e ‘º e º 'º e º e º ºs e s a e º 'º e s tº sº e º e e º ºs & e º 7 he Hy rographic Office * * * * * * * * * * * * * is e e e s e e s e e s e 656 - - C. The Naval Observatory and the Nautical Al- TITLE II—THE CONGRESS manac Office . . . . . . . . • e º e s e s a e e i e s e e s e º e e . . . . . 661 1. Election of Senators. . . . . . ge e º gº e º e º e º e º is e e g º e º sº tº º 14a TITLE XI–THE DEPARTMENT OF THE 2. Apportionment and election of Representatives 15 INTERIOR 3. Organization of meetings of Congress. . . . . . . . . . 25 1. The Department 665 4. Compensation of Members. . . . . . . . . . . . . . . . . . . . . 34 2. The Secretary of the Interior...... .............. §§ 5. Officers and persons in the employ of the Sen- 3. The General Land-Office. . . . . . . 690 ‘ate and House of Representatives. . . . . . . . . . . tº 58 4. The commissioner of Indian Affairs......... tº ºn e 713 6. The Library of Congress 118 e . . . . . . . . ~ . . . . . . . . . . . . e 'ary of gress. . . . . . . . . . . . tº º º 'º e º 'º ſº º º º 5. The Commissioner of Pensions. . . . . . . . . . . . . . . . . 727 7. Congressional investigations. . . . . e e º 'º e s & e & . . . . . . 155 6. The Patent-Office . . . . . . . . . . . . . . . . . . . . . . 735 8. Contested elections......... * * * g e º a nº e s e e. . . . . . . . . . 161 7. The Superintendent of Public Documents. . . . . . . * 8a. Contributions for purpose of influencing elec- 8. The Returns Office . . . . . . . . . . . . . . . . . . . . . . . . . . 761 tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 9. The Office of Education ......................... 765 9A. Th g * * * * * * * * * * * is e s tº e a e e º s e º e º e TITLE III—THE PRESIDENT §§ {: º, ...:::::::::::: % 1. Presidential elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 9C. The National Park Service......... . . . . . . . . . . . . . 787d 2. Office and compensation of the Fresident. . . . . ... 222 TITIE XII—HTEHE EPA + - TITLE IV—PROVISIONS APPLICABLE TO l Wººst OF ALL THE EXECUTIVE DEPARTMENTS 232 A. The Department and the Secretary of Agriculture 788 TITLE W-THE DEPARTMENT OF STATE 284 B. The VVeather Bureau * * * * * * * * * * * * * * * s e s a c e s a e e s e e 840 - C. The Bureau of Animal industry................. 850 TITLE VI—THE DEPARTMENT OF WAR TITLE XII J A. The Department and the Secretary of War...... 311 E XII *:::::::: ºntºst OF B. The Adjutant-General’s Office. . . . . . . . . . . . . . . . . . . 336 ER C. The Bureau of Insular Affairs. . . . . . . . . . . . . . . . . . . 345 A. The Department and the Secretary of Commerce 853 B. The Bureau of Foreign and Domestic Commerce 873 TITLE VII—THE DEPARTMENT OF C. The Bureau of Corporations. . . . . . . . . . . . . . . . . . . . . . 889 THE TREASURY D. The Bureau of Navigation * e º e º º ºs e e º ºs e º 'º e e . . . . . . . 890 1 Th - E. The Bureau of Light-Houses. . . . . . . . . gº tº º te e º sº tº . . . . 896 ſº e Department . . . . . . . . . . . . . . . . . . . . . . º ºg & e º 'º e º & © 849 | F. The Bureau of Fisheries........ tº e º e º ºs e º e s is e e s is e e e 901 à. The Secretary of the Treasury................. 379 G. The Census Office 909 • The Comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 || || --.... s....... ... S........... ' ' ' ' ' " tº º ſº º ſº tº e º e º º e e º º tº © e 4. The Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...: ; H. The Bureau of standards...... gº tº e º e º º e º ºs e º e e º $ tº dº 921 5. e * * * * * > * * * * * * * > * * * * * * * * * tº e º 'º e º 'º º e º 'º 7 ; ſº ºr....: s is a e e e s a s e tº º º 'º e º ſº e º ſº e º ºs e e º 'º # TITLE XII B-THE DEPARTMENT OF 7. The Commissioner of Customs. . . . . . . . . . . . . . . tº º º LABOR 8. The Cormmissioner of Internal Revenue. . . . . . . . . 490 A. The Department and the Secretary of Labor. . . . . 932 9. The comptroller of the currency................ 495 B. The Bureau of Labor Statistics.................. 944 10. The Bureau of Statistics. . . . . . . . . . . . . . . . . . . . . . . . C. The Bureau of Inn nigration . . . . . . . . . . . . . . . . . . . . . . 954 11. The Bureau of the Mint. . . . . . . . . . . . . . . . . . . . . . . . . 997 | D. The Bureau of Naturalization.................... 961 11A. The Bureau of Engraving and Printing.......... 510 E. The Children’s Bureau. . . . . . . . & 6 e s e e º 's e s e e s e e s = e e 964 11B. The Bureau of War Risk Insurance.............. 514a TITLE VIII—THE DEPARTMENT OF THTLE XII C-THE JUDICIAL CODE JUSTICE . . . . . . . . . . . . . . tº tº $ tº º e º º & tº ſº e º 'º º . . . 515 1. District Courts—Organization . . . . . . . . . . ge º e º e º ºs e tº 968 2. District Courts—Jurisdiction . . . . . . . . . . . . . . . . . . . . 991 TITLE IX—THE POST-OFFICE DEPART- 3. District Courts-Removal of Causes. . . . . . . . . . ... 1010 MENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 4. District Courts—Miscellaneous Provisions . . . . . . 1022 COMP.ST.’18 (vii) Viii TABLE OF TITLES AND CHAPTERs TITLE) XVII—ARMS, A. B. 3. Chap. - Sec. 5. District Courts—Districts, and Provisions Appli- cable to Particular States. . . . . . . . . . . . . . . . . . . . . 1051 6. Circuit Courts of Appeals . . . . . . . . . . . . . . . . . . . . . . 1107 7. The Court of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127 8. The Court of Customs Appeals . . . . . . . . . . . . . . . . . 1179 9. The Commerce Court . . . . . . . . '• * * * * * * * * * c e s a s s e o s 10. The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.191 11. Provisions Common to More than one Court. . . . 1233 12. Juries . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * e º e s a • * * * * * * * 1252 13. General Provisions . . . . . . . . . . . . & ſº e º e º e º ſº tº e º 'º . . . . . 1266 14. Repealing Provisions . . . . . . . • * g º e º e º º e º & e s e e . . . . . 1274 TITLE XIII—THE JUDICIARY 1. Judicial Districts . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * e 2. District Courts, Organization . . . . . . . . . . . . . . . . . . e 3. District Courts, Jurisdiction . . . . . . . . . . & e º e º 'º e e tº º 4. District Courts, Sessions . . . . . . . . . . . . . . . . . . . . . • e 5. Judicial Circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e 6. Circuit Courts, Organization . . . . . . . . . . . . . . . . . . . . 7. Circuit Courts, Jurisdiction . . . . . . e e º e e s s e is e o e º 'º º 8. Circuit Courts, Sessions . . . . . . . . . . . . e e g º ºs e e e º e º e e 9. Supreme Court, Organization . . . . . . . . . tº e º ºs e - © tº e º 10. Supreme Court, Sessions . . . . . . . . . . . . . ſº tº & e º sº º e º º º 11. Supreme Court, Jurisdiction . . . . . . º e º e º e º e º e º 'º e e 12. Provisions Common to More Than One Court or Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Habeas Corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1279 14. District Attorneys, Marshals, Clerks and Other Court Officers, and Commissioners. . . . . . . . . . . . . 1294 15. Juries . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - . . . . . . . . . . 16. Fees and Compensation of Officers. . . . . . . . . . . . . . 1375 17. Evidence . . . . . . . . . . . . e is & e º 'º e e s s '• * * * * * * e s e e º e . . . . . 1464 18. Procedure . . . . . . . . . tº gº º º ſº º º º º º gº tº e º e º e º sº º is gº e tº ſº º sº e º ſº 1534 19. Limitations . . . . . . . . . . . . . . . . . . . *s s e e s s e e s e º 'º e s e e s e 1707 20. The Court of Claims, Organization and Sessions 21. The Court of Claims, Jurisdiction, Powers, and Procedure . . . . . . * c e s tº e º 'º e º e º e º e e • * * * c e º e e e º e º e c TITLE XIV—THE ARMY 1. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1714 2. Retirement . . . . . . . . . . tº tº & O & © e º e º e º is e g º e º e º 'º ºf . . . . . 2045 3. Pay and allowances . . . . . * * * * * * * * * * © e º 'º e º 'º - a º ºs º º 2089 4. The Military Academy . . . . . . . . . . . . . . . . . . . . . . . . . 2206 4A. Military instruction in educational institutions 2283 4B. Desertions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2296 5. Articles of War. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2308 6. The United States Disciplinary Barracks. . . . . . . 2449 TITLE XV-THE NAVY 1. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2470 2. General provisions relating to officers... . . . . . . . . . 2599 3. Retired officers and men of the Navy. . . . . . . . . . . . 2620 4. Rank and precedence, promotion and advance- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2660 5. The Naval Academy. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2716 5A. Nautical instruction in educational institutions 2762 6. Vessels and navy-yards and naval stations. . . . . 2768 7. General provisions relating to the Navy. . . . . . . . . 2805 8. Pay, ermoſu ments, and allowances. . . . . . . . . . . . . . . 2814 8A. The Naval Feserve Force. . . . . . . . . . . . . . . . . . .2900/2a 9. The Marine Corps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2901 9A. Naval Flying Corps. . . . . . . . . . . . . . . • * * * * * * * * * * 2952)/2a 9B. Desertions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2953 10. Articles for the government of the Navy. . . . . . . 2961 TITLE XVI—THE MILITIA A. The National Guard and the Unorganized Militia 3041 B. Naval Militia and National Naval Volunteers. . .3078a TITLE XVI A–SOLDIERS’ AND SAILORS’ CIVIL RELIEF. . . . . . . . . . . . . . . . . . . . . . .3078%a ARMORIES, ARSE- NALS, ORDNANCE AND FORTIFICA- - TIONS, AND NITRATE PLANTS Arms, Armories, Arsenals, and Nitrate Plants 3079 Board of Ordnance and Fortification. . . . . . . . . . . . 31.11 TITLE XVII A–NATIONAL DEFENSE. . .3115a. TITLE XVIII—DIPLOMATIC AND CON- SULAR OFFICERS Diplomatic officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3116 Consular officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3137 Provisions common to diplomatic and consular officers • e º e º 'o e o e º e e c e º e e s tº e e s e e e e º e s e e o e e º e º e o e 3198 | - | TITLE XIx–PROVISIONS APPLICABLE TO SEVERAL CLASSES OF PUBLIC OFFICERS AND EMPLOYES Chap. º Sec. A. Appointment, Qualification, Compensation, and Services, in General . . . . . . . . . . . . . . . . . e º 'º tº º 'º - © tº & 3213 B. Civil Service Commission and Classified Civil Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3271 TITLE XIX A–OFFICIAL BONDS. . . . . . . . .3288 TITLE XX—FLAG AND SEAL............ .3302 TITLE XXI-SEAT OF GOVERNMENT, IN- CT, UDING THE PUBLIC BTUILDINGS AND GROUNDS, PARKS AND RESER- VATIONS A. Public Buildings and Grounds, Parks and Wharves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3306 B. Capitol Building and Grounds. . . . . . . . . . . . . . . . . . . . 3370 BB. Intoxicating Liquors in the District of Colum- - bia • * * * * * * * * * * * * * * e e º e º 'º e º 'º e º e º e e e º O e º ºs e e º º º 3421/4a TITLE XXII—THE STATES. . . . . . . . . . . . . .3422 TITLE XXIII—THE TERRITORIES AND INSULAR POSSESSIONS 1. Provisions Common to All the Territories..... 3425 2. Provisions Concerning Particular Organized Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Provisions Relating to the Unorganized Terri- tory of Alaska. . . . . sº e º 'º e º º • e s e e e º e º e a e tº tº e s e e º º 3A. Alaska e º e º e & e & © tº e º e º º © © & © tº e º e º º tº e e s e e 9 3 e º e o o 3528 3B. Hawaii e - e º ºs tº e º e e e º e s e º sº e º 'º & e e e º e º e º 'º º e º e º 'º º o º º 3644 3.C. Porto Rico. . . . . . . . . . . . . . . . . e s ſº e º e º º e . . . . . . . . . . . . 3747 3D, The Philippine Islands. . . . . . . . . . . . . . . . . . . . . ... ... 3804 3E. Guano Islands. . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - - 3916 3F. The Virgin Islands (The Danish West In- dies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º e º º tº e 3924/2a TITLE XXIV—CIVIL RIGHTS e e e º 'º e º 'º e e e .3925 TITLE XXV-CITIZENSHIP . . . . . . . . . . . . . .3946 TITLE XXVI—THE EI.ECTIVE FRAN- CHISE . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . .8965 TITLE xxvi I–THE FREEDMEN........ .3967 TITLE XXVIII–INDIANS 1. Officers of Indian affairs; their duties and com- pensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3979/2 2. Performance of engagements between the Unit- ed States and Indians. . . . . . . . . . . . . . . . . . . . . . . . . 4034 3. Government and protection of Indians. . . . . ... ... 4095 4. Govern nment of Indian country. . . . . . . . . . . . . . . . . . 4127 4A. Education of Indians. . . . . . . . . . . . . . . . . . . . . . e e s e s e 4161 4B. Rights of way through Indian lands. . . . . . . . . . . 4181 4C. Allotment of Indian lands. . . . . . . . e e º e º e º e º e º 'º . . . 4195 TITLE XXIX—IMMIGRATION . Regulation and restriction of immigration in general . . . . . . . . . . . . . . e e e s e e e e e º s e e º e e s s e º e s º . . . 4241 B. Exclusion of Chinese. . . . . . e - e º ſº º e e o e e s s a s e s e e s • 4290 C. The cooly-trade ...... • e s , o, e s s e e s • * * * * * * * * * * * * * * * 4342 TITLE XXX—NATURALIZATION. . . . . . . . .4351 TITLE XXXI-THE CENSUS . . . . . . . . . . . . .4385 TITLE XXXII—THE PUBLIC LANDS 1. Surveyors and deputy surveyors. . . . . . . . . . . . . . . . . 4435 2. Registers and receivers. . . . . . . . . . . . . . . . . . . . . . . . . . 4469 3. Land-districts—Provisions respecting particular districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4504 3A. Withdrawal from settlernerit, location, sale, or entry . . . . . . . e e s e e e s s e s e º a a e e • - - - - - - - - - - - - - - . . . 4523 4. Pre-emptions ..... G - e. e. e. e. e. e. e. e. e. e. e. e º e º º tº © e º e s tº e º º © e o 5. Homesteads. . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e º 'º . . . 4530 6. Mineral lands and mining resources. . . . . . . . . . . . . 4613 6A. Timber and stone ianda. . . . . . . . . . . . . . . . . . . . . . . . . 4671 6B. Desert and arid lands, and irrigation and recla- mation . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . 4674 7. Sale and disposal of the public lands. . . . . . . . . . . . 4751 8. Reservation and sale of town-sites on the public lands . . . . . . . . . . . . . . . . . . . . . . . c e e º e o 'º e e e º e > * * * * 4784 9. Survey of the public lands. . . . . . . . . . . . . . . . . . . . . . . 4803 TABLE OF TITLES AND CHAPTERS ix Chap. * - Sec. 10. Bounty-lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4826 10A, Reservations and grants to states for public pUI rpOSes . . . . . , a º te e g º ºs e e . . . . . . . . . . . . . . . . . . . . . . . 4860 10B. Grants in aid of railroads and wagon roads. . . . 4882 10C. Rights of way and other easements in public lands . . . . . . . . . , º º e º e º 'º e º g º ºs & , e & 4 is tº e º 'º e º e º 'º e º tº º e de 4918 10D. Grants of swamp and overflowed lands. . . . . . . . . 4958 10.E. Drainage under state laws . . . . . . . . . . . . . . . . . . . . 4970 10F. Protection of timber and depredations. . . . . . . . . . 4977 10G. Unlawful inclosures or occupancy; obstructing settlement or transit. . . . . . . . . . . . . . . . . . . . . . . . . . 4997 10H. Abandoned military reservations. . . . . . . . . . . . . . . 5003 10I. Ceded Indian reservations. . . . . . . ge e º e º & 8 e e º e º e º e is 5013 10.J. Public lands in Oklahoma. . . . . . . . . . . . e s e e s e e s = e e 5020 10K. Public lands in Alaska. . . . . . . . . . . . . . . . . . . . . . . . . . 5045 11. Miscellaneous provisions relating to the public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TITLE XXXII A–THE NATIONAL FOR- BSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5121 TITLE XXXII B–THE NATIONAL PARKS, RESERVATIONS, AND MONU- MENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.188 TITLE XXXII C–THE NATIONAL MILI- TARY PARKS . . . . . . . . . . . . . . . . . . . . . . . . . . 52S2 TITLE XXXIII—DUTIES UPON IMPORTS A. Tariff Schedules . . . . . . . . . . . . . . . . e e e º e º e º e . . . . . 5291 B. The Tariff Commission. . . . . . . . . . . . . . . . . . ſº e s tº e º 'º 5326a TITLE XXXIV—COLLECTION OF DUTIES . TJPON IMPORTS 1. Collection-districts, ports, and officers. . . . . . . . . . 5327 2. Gualifications, pay, and duties of officers. . . . . . . . 5347 3. Fevenue cutters and boats. . . . . . . . . . . . . . . . . . . . . . 5397 4. Entry of merchandise. . . . . . . . . . . . . . . . . . . . . * c e º e e 54.62 5. Unlading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5555 6- Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5589 7. The bond and warehouse system. . . . . . . . . . . . . . . 5638 7A. Immediate transportation in bond to inland ports ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5695 8. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5710 9. Prawback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5720 10. Enforcement of duty-laws and punishment for violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5760 11. Provisions applying to commerce with contigu- ous countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807 TITLE XXXV-INTERNAL REVENUE 1. Officers of internal revenue. . . . . . . . . e c & e g º & e g º & 5842 2. Of assessments and collections. . . . . . tº e o dº e º e º e º tº 5895 3. Special taxes. . . . . . . . . . . . . . . . . . . . . . . . sº e o tº e º e º e is tº 5955 4. Distilled spirits and wines. . . . . . . . . . . . . . . . . . . . . 5981 5. Fermented liquors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6138 5A. Sirups, extracts, soft drinks, mineral waters and carbonic acid gas. . . . . . . . . . . . . . . . . . . . . . 6161/2a 6. Tobacco and snuff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.162 7. Cigars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.97 7A. Oleo margarine, adulterated butter, and pro- - cess or renovated butter. . . . . . . . . . . . . . . . . . . . . 6215 7B. Filled cheese. . . . . . . . . . . . . . . . . . . . . e a e e e s e s e e º 'º e s 6242 7C. Mixed flour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6253 7D. White phosphorus matches. . . . . . . . . . . . . . . . . . . . 6271 7E. Opium for smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 6287a 7F. Opium, coca leaves, and compounds, manu- facturers, etc., thereof. . . . . . . . . . . . . . . . . . . . . . . 6287g 8. Barks and bankers. . . . . . . . . . . . . . . . . . . * * * * * * * * * * * 6288 8A. Special excise tax on corporations. . . . . . . . . . . . . 6300 8B. Excise tax on dealings in cotton futures. . . . . . 6309a 8C. Transportation facilities by public utilities. . .630.9/sa 8D. Insurance policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6309/.4a 8E. Theater, etc., admissions and club dues or fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6309%2a 8F. Miscellaneous articles. . . . . . . . . . . . . . . . . . . . . . . . . 6309%a 9. Stamp taxes on specific objects. . . . . . . . . . . . . . . . 6310 9A. in connes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6319 9B. Munition manufacturer’s tax. . . . . . . . . . . . . . . . . . 6336/4a 9c. Excess profits tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6336% a 10. Legacies and successions. . . . . . . . . . . . . . . . . . . . . . - 10A. Estate tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - 6336/2a 11. Provisions common to several objects of tax- ation 6337 e & e º e º e s e º e º 'º e º e º 'º º º e e s e s e e s e e s e s e e tº e º s & | - ſ Chap. - Sec. 11A. Increase of internal revenue. . . . . . . . . . . . . . . . . . . 6371 a 11.B. War. reV6 fille . . . . . . . . e - e. e. e. e. e. e. e º e º s e º 'º e º e º e º e º e s a 6371/3a TITLE XXXVI—DEBTS DUE BY OR TO THE UNITED STATES. . . . . . . . . . . . . . . . .6872 TITLE XXXVII—COINA.G.E.. tº º ſº º .. tº dº º ſº º as . 6416 TITLE XXXVIII—TEIE CURRENCY . . . . . . 6541 TITLE XXXIX—LEGAL TENDER. . . . . . . . 6571 TITLE XL–THE PUBLIC MONEYS. . . . . .657S TITLE XLI—APPROPRIATIONs..........6671 TITLE XLII—THE PUBLIC DEBT..... • . . 6809 TITLE XIIII—PUBLIC CONTRACTS. . . . . G882 TITI,E XIIII A–PUBLIC BUILDINGS AND WORKS. . . . . . . . . . . . . . . . . . . . . . . . . . . 6900 TITLE XLIV—THE PUBLIC PROPERTY. .6941 TITLE XLV—PUBLIC PRINTING, ADVER- TISEMENTS, AND PUBLIC DOCU- MENTS . . . . . . . . . . . . . . . . . . . . . . º e º e º 'º - e º e e 6953 TITLE XLVI—THE POSTAL SERVICE 1. Post-offices and postmasters. . . . . . . . . . . . . . . . . . . 7.188 2. Carriers, branch offices and receiving boxes. . . 7272 3. Mail matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7302 4. Postage . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * 7345 5. Postage-stanps, postal cards, and envelopes. .. 7386 6. Registered mail . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - 7405 7. Unclaimed, dead, and request letters, and un- . claimed printed matter. . . . . . . . . . . . . . . . . . . . . . . 74.13 8. Contracts for carrying the mails. . . . . . . . . . . . . . . 7424. 9. Carrying the mail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7456 9A. Fural Post Roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7477 a 10. Railway service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7478 11. Foreign mail service. . . . . . . . . . . . . . . . . . . . . . . . . . . 7524 12. Post-office inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . 7547 13. The money-order system. . . . . . . . . . . . . . . . . . . . . . . 7553 13A. Postal savings depositories. . . . . . . . . . . . . . . . . . . . . 7580 14. Accounts and revenues . . . . . . . . . . . . . . . . . . . . . . . . 7598 TITLE XIVII—FOREIGN RELATIONS. . . 7610 TITLE XLVIII—REGULATION OF COM- MERCE AND NAVIGATION 1. Registry and recording . . . . . . . . . . . . . . . . . . . . . . . . . . 7707 2. Clearance and entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7789 3. Tonnage duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7811 4. Discriminating duties and reciprocal privileges 7825 5. Navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7333 6. Transportation of spassengers and merchandise 7997 7. Log-books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8036 8. Regulations for the suppression of piracy. . . . . . 8039 9. summary trials for certain offenses against navigation laws. . . . . . e sº e º 'º e s e e s a s e e e s e s e e s e > * * 8046 TITLE XIIX—REGULATION OF WESSELS IN FOREIGN COMMERCE. . . . . . . •e e º e º is e 8052 TITLE L-REGULATION OF VESSELS IN DOMESTIC COMMERCE. . . . . . . * c e º 'º e º $ tº 8057 TITLE L. A UNITED STATES SHIPPING BOARD, NAVAL AUXILIARY AND RE- - SERVE, AND MERCHANT MARINE. . .8146a TITLE LI–REGULATION OF FISHER- IES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * o 8147 TITLE LII—REGUTATION OF STEAM- WESSELS 1. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815.1 2. Transportation of passengers and merchandise. . 8225 TITLE LII A–REGULATION OF MOTOR BOATS . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * 8277 TABLE OF TITLES AND CHAPTERS 3.. : : i £. TITLE, LIII—MERCHANT SEAMEN ap. . . . * * ..! r - , - Sec Shipping-commissioners ...................... ... 8287 Shipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8298 VV ages and effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8315 Discharge . . . . . . . . . . . . • * e o e º e º e e º e s • e o e o e º e o e o s e e 8338 Protection and relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8343 Fees of shipping-commissioners. . . . . . . . . . . . . . . . 8377 Offenses and punishments. . . . . . . . . . . . . . . . . . . . . . . 8380 TITLE LIV—PRIZE...................... 8393 TITLE, LV—LIGHTS AND BUOYS. . . . . . . . 8427 TITLE, LV A–THE COAST GUARD General Provisions. . . . . . . . . . . . . . . . . .s e s e s s a e e a 8459/2a The Revenue-Cutter Service...... . . . . . . . . . . 8459/2b . The Life-Saving Service............ . . . . . . . . . 8460 TITLE LVI—THE COAST AND GEODETIC SURVEY . . . . . . . . . . . . . . . . . . . e s a • * * * * * * .8548 TITLE, LVI A-REGULATION OF COM- MON CARRIERS OF INTERSTATE AND FOREIGN COMMERCE Regulation of transportation. . . . . . . . . . . . . . . . . . 8563 Bills of lading . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - 8604a Safety appliances and equipments on railroad - engines and cars, and protection of employés and travelers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8605 Care of animals in transit . . . . . . . . . . . . . • * * * * * * 8651 Liability for injuries to employés. . . . . . . . . . . . . . 8657 Arbitration between carriers and employés. ... 8666 Hours of Service of employés. . . . . . . . . . . . . . . . . . 8677 TITLE, LVI B—REGULATION OF INTER- STATE AND FOREIGN COMMERCE AS TO PARTICULAR SUBJECTS Animals, meats, and meat and dairy products 8681 Food, drugs, and liquors. . . . . . . . . . . . . . . . . . . . . . . 8717 Seeds, grains, and other agricultural products 8741 Grain standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8747/2 Warehouses . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * 874.7% Insect pests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8748 Insecticides and fungicides. . . . . . . . . . . . . . . . . . . . 8765 Viruses, serums, toxins, antitoxins, and anal- ogous products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8778 Teas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8786 Opium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8797 Falsely stann ped gold or silver or goods manu- factured therefrom . . . . . . . . . . . . . . . . . . . . . . . . . . 8802 Prevention of white slave traffic. . . . . . . . . . . . . 8812 Child labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8819a TITLE, LVI C–MONOPOLIES AND COM- EINATIONS IN RESTRAINT OE TRADE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8820 TITLE LVI D.—FEDERAL TRADE COM- MISSION, AND PREVENTION OF UN- FAIR COMPETITION, AND PROMO- TION OF EXPORT TRADE. . . . . . . . . . . . 8836a. TITLE LVI E—PROTECTION OF MIGRA- TORY GAME AND INSECTIVOROUS BIRDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8837 TITLE LVI F-PROTECTION OF EUR SEALS AND OTHER FUR.—BEARING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8838 TITLE LVI G-REGULATION OF LAND- ING, CURING, AND SALE OF SPONGES TAKEN FROM GULF OF MEXICO AND FLORIDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8866 TITLE LVI H-AGRICULTURAL COL- LEGES AND EXPERIMENT STATIONS Agricultural colleges. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8870 Agricultural experiment stations. . . . . . . . . . . . . . . . 8878 TITLE LVI I–WEIGHTS AND MEASURES AND STANDARD TIME. . . . . . . . . . . . . . . .8898 ap. ; : : É.i ; i D : G TITLE, LVI J–LABOR. v . - - - Sec. National trade unions. . . . . . . . . . . . . . . . . . . . . . . . . . . 8908 Commission on industrial relations.............. 8913 Hours of labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8918 Compensation for injuries to employés of United States . . . . . . . . . . . e” e º 'º e - e. e. e. e. e. e. e. e. e. e. e. • . . . . . . . . . . . . . 8923 . TITLE LVII—PENSIONS. ...... . . . . . . . . . . 8933 TITLE, LVIII—THE PUBLIC HEALTH The Public Health Service...................... 9128 Sanitation and Quarantine. . . . . . . . . . . . . . . . . . . . . 9150 |-eprosy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.83 TITLE LIX—HOSPITALS, ASYLUMS, AN - CEMETERIES . - - . Hospital relief for seamen . . . . . . . . . . . . . . . . . . . . . . . 9189 . Navy hospitals, Naval Home, and Army and Navy hospitals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.99 The Soldiers' Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92.13 The National Home for Disabied Volunteer Sol- diers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92.38 The Government Hospital for the Insane. . . . . . . . 9292 The Columbia Institution for the Deaf. . . . . . . . . . 9340 National cemeteries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9362 TITLE LIX A–EDUCATION AND EDUCA- TIONAL INSTITUTIONS Instruction as to nature and effect of alcoholic drinks and narcotics. . . . . . . . . . . . . . . . . . . . . . . . . 93.79 Use of Government collections for research... 9382 Marine biological station. . . . . . . . . . . . . . . . . . . . . . . 9384 Arnerican Printing House for the Blind. . . . . . . 9386 Boy Scouts of Arnerica. . . . . . . . . . . . . . . e s e º e º 'º e > 93.90a Vocational education. . . . . . . . . . . . . . . . . . . . . . . . . 93.90%a TITLE LIX B–NATIONAL TRAINING SCHOOLS National Training School for Boys......... ... . . 9391 National Training School for Girls. . . . . . . . . . . . . . 9413 TITLE LX—PATENTS, TRADE—MARKS, AND COPYRIGHTS Patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9427 Trade-marks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9485 Copyrights gº tº e º e º 'º e > * e e a s e s • e º e o e s e º e o e o a e e o & tº e e e 9517 TITLE LXI-BANKRUPTCY Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9585 Creation of courts of bankruptcy and their ju- risdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * . . . . 9586 Bankrupt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9587 Courts and procedure therein. . . . . . . . . . . . . . . . . . . . 9602 Officers, their duties and compensation . . . . . . . . . . 96.17 Creditors . . . . . . . . . . . e s e e s e e e s e e º e o e o 'º e º a s e º 'º - e º 'º e 9639 Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e s e º e º e º 'º º a 9645 TITLE LXII—NATIONAL BANKS organization and powers......... . . . . . . . . . . . . . . . . 9657 Obtaining and issuing circulating notes. . . . . . . . . 9697 . National currency associations. . . . . . . . . • e s e º e s • * 97.29 Regulation of the banking business. . . . . . . . . . . . . . 9744 . Federal reserve banks. . . . . . . . . . . . . . . . . . . . . . . . . . . 9785 Dissolution and receivership. . . . . . . . . . e e º e º 'º º o e º e 9806 TITLE LXII A-FEDERAL FARM LOANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98.35a. TITLE LXIII—RIVERS, HARBORS, AND CANALS - Navigable Waters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9836 Improvements of Rivers and Harbors. . . . . . . . . 98.63 Preservation and Protection of . Fivers and Harbors and of inn provernerits. . . . . . . . . . . . . . 99.09 Anchorage Regulations. . . . . . . . . . . . . . . . . . . . . . . . 9947 Regulation of Vesseſs in Ports of United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9959/4a Bridges over Navigable Waters. . . . . . . . . . . . . . . 9960 Darms and Water Power. . . . . . . . . . . . . . . . . . . . . . . 9976 The Mississippi River Commission. . . . . . . . . . . . . 99.93 Waterways Commission...... & © º e º G & © º e . . . . . 10003/4a TABLE OF TITLES AND CEIAPTERS XI Chap. Sec. Chap. Sec. H. The California Débris Commission. . . . . . . . . ... 10004 10. The slave trade and peonage. . . . . . . . . . . . . . . . . . . 10419 H.H. Control of Floods of Mississippi and Sacra- 11. Offenses within the admiralty and maritime and mento Rivers. . . . . . . . . . . . . . . . . . . . . . . . . . ... 10030%a the territorial jurisdiction of the United States 10445 l. The Panama Canal and the Canal Zone........ 10031 12. Piracy and other offenses upon the Seas. . . . . ... 10463 - * 13. Certain offenses in the Territories. . . . . . . . . . . . . . 10484 TITLE LXIV—RAILWAYS. . . . . . . . . . . . . . .10055 13A. Search warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10496/4a 14. General and special provisions. . . . . . . . . . . e e º e º e ºs 10497 TITLE: LXV-TELEGRAPHS. . . . . . . . . . . . .10072 15. Repealing provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10515 TITLE LXVI—EXTRADITION . . . . . . . . . . . 10110 * TITLE LXX—CRIMES 1. General provisions. . . . . . . tº sº º tº º e º 'º e & © tº e e º a tº e º 'º tº º 'º e TITLE LXVII—NEUTEALITY 2. Crimes against the existence of the Government Tººrºººoº, ºf ". PENALTIES, AND FOR S. . . . . 10180 4. Crimes against justice. . . . . . . . . . . . . . . . . . . . . . . . . TITLE Lxix—INsurrection..........10189 | * * * * ºperatiºns ºf the ºvern: Y 6. Official misconduct, etc. . . . . . . . . . . . . . . . . . . . . . . . . . TITLE LXIX A-THE CRIMINAL CODE 7. Crimes against the elective franchise and civil 1. Offenses against the existence Of the Govern - rights of citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10165 8. The punishment of accessories. . . . . . . . . . . . . . . . . . 2. Offenses against neutrality. . . . . . . . . . . . . . . . . . . . . 10173 9. Prisoners and their treatment. . . . . . . . . . . . . . . . . . 10520 3. Offenses against the elective franchise and civil g rights of citizens. . . . . . . . . . . As a e s • * s s e o e s s e º e s • * 10183 TITLE LXXI–THE SLAVE TRADE 4. Offenses against the operations of the Govern- 191 ment e tº º e s e º dº e º e º e º te e º & tº s º gº º tº º © e & e º 'º e e s tº e º e º 'º tº 10 9 TITLE LXXII— A AND 5. Offenses relating to official duties. . . . . . . . . . . . . . 10253 GUANO ISL S 6. Offenses against public justice. . . . . . . . . . . . . . . . . . 10295 - 7. Offenses against the currency, coinage, etc. . . . . 10317 Tºº-ºº: SMITHSONIAN 8. Offenses against the postal service. . . . . . . . . . . . . 10349 U . . . . . . . . . . . . . . . . . . . . . .10565 9. Offenses against foreign and interstate conn- Iſler"Ce . . . . . . e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10402 TITLE LXXIV—REPEAL PROVISIONS. . 10592 - * f w - - THE ORGANIC LAWS OF THE UNITED STATES OF AMERICA DECLARATION OF INDEPENDENCE–1776* IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America. When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have Connected them with another, and to a S- Sume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the Opinions of mankind requires that they should de- clare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are insti- tuted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation. On such principles and Organizing its powers in Such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more dis- posed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which, they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Ob- ject eVinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient suf- ferance Of these Colonies; and Such is now the neces- sity which constrains them to alter their former Sys- tems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establish- ment of an absolute Tyranny Over these States. To prove this, let Facts be submitted to a candid world. Pſe has refused his Assent to Laws, the most whole- Some and necessary for the public good. He has forbidden his Governors to pass Laws of *The delegates of the United Colonies of New Hampshire; Massachusetts Bay; Rhode Island and Providence Planta- tions; Connecticut; New York; New Jersey; Pennsylvania; New Castle, Kent, and Sussex, in Delaware; Maryland; Vir- ginia; North Carolina, and South Carolina, In Congress as- sembled at Philadelphia, Resolved on the 10th of May, 1776, to recommend to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs had been established, to adopt such a government as should, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general. A preamble to this resolution, agreed to on the 15th of May, stated the intention to be totally to suppress the exercise of every kind of authority under the British crown. On the 7th of June, certain resolutions respecting independency Were moved and seconded. On the 10th of June it was resolved, that a committee should be appointed to prepare a declara- tion to the following effect: “That the United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.” On the preceding day it was determined that the committee for preparing the declaration should consist of five, and they were chosen accordingly, in the following order: Mr. Jeffer- son, Mr. J. Adams, Mr. Franklin, Mr. Sherman, Mr. R. R. Livingston. On the 11th of June a resolution was passed to appoint a committee to prepare and digest the form of a Con- federation to be entered into between the colonies, and an- other committee to prepare a plan of treaties to be proposed to foreign powers. On the 12th of June, it was resolved, that a committee of Congress should be appointed by the name of a board of war and ordnance, to consist of five members. On the 25th of June, a declaration of the deputies of Pennsyl- vania, met in provincial conference, expressing their willing- ness to concur in a vote declaring the United Colonies free and independent States, was laid before Congress and read. On the 28th of June, the committee appointed to prepare a declaration of independence brought in a draught, which was COMP. ST.’18–1 -* read, and ordered to lie on the table. On the 1st of July, a. resolution of the convention of Maryland, passed the 28th of June, authorizing the deputies of that colony to concur in de- claring the United Colonies free and independent States, was laid before Congress and read. On the same day Congress resolved itself into a committee of the whole, to take into consideration the resolution respecting independency. On the 2d of July, a resolution declaring the colonies free and inde- pendent States, Was adopted. A declaration to that effect was, on the same and the following days, taken into further consideration. Finally, on the 4th of July, the Declaration of Independence was agreed to, engrossed on paper, signed by John Hancock as president, and directed to be sent to the Several assemblies, conventions, and committees, or councils of safety, and to the several commanding officers of the con- tinental troops, and to be proclaimed in each of the United States, and at the head of the Army. It was also ordered to be entered upon the Journals of Congress, and on the 2d of August, a copy engrossed on parchment was signed by all but one of the fifty-six signers' whose names are appended to it. That one was Matthew Thornton, of New Hampshire, who on taking his seat in November asked and obtained the priv- ilege of signing it. Several who signed it on the 2d of Aul- gust were absent when it was adopted on the 4th of July, but, approving of it, they thus signified their approbation. NOTE.-The proof of this document, as published above, War read by Mr. Ferdinand Jefferson, the Keeper of the Rolls aſ the Department of State, at Washington, who compared iW. with the fac-Simile of the Original in his custody. He says: “In the fac-Simile, as in the original, the whole instrument runs on without a break, but dashes are mostly inserted. 1 have, in this copy, followed the arrangement of paragraphs adopted in the publication of the Declaration in the news- paper of John Dunlap, and as printed by him for the Con- gress, which printed copy is inserted in the original Journal of the old Congress. The same paragraphs are also made by the author, in the original draught preserved in the Depart- Iment of State.” - tº [Page 1] DECLARATION OF INDEPENDENCE, 177 6 [Page 2] .** Immediate and pressing importance, unless suspended in their Operation till his Assent should be obtained; and When SO Suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommo- dation of large districts of people, unless those people Would relinquish the right of Representation in the Legislature, a right inestimable to them and formida- ble to tyrants only. . . " . He has called together legislative bodies at places unusual, uncomfortable, and distant from the deposi- tory of their Public Records, for the sole purpose Of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for Opposing with manly firmness his invasions on the rights of the people. - He has refused for a long time, after such dissolu- tions, to cause others to be elected ; whereby the Leg- islative POWers, incapable of Annihilation, have re- turned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions Within. - - He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners ; refusing to pass Others to encourage their migration hither, and rais- ing the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Ju- diciary Powers. . He has made Judges dependent on his Will alone, for the tenure of their Offices, and the amount and payment of their Salaries. - - He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our People, and eat Out their Substance. He has kept among us, in times of peace, Standing Armies without the Consent of Our legislature. He has affected to render the Military independent of and Superior to the Civil Power. He has combined with others to Subject US to a jurisdiction foreign to our constitution, and unac- knowledged by our laws; giving his Assent to their acts of pretended Legislation: For quartering large bodies of armed troops among TIS . - For protecting them, by a mock Trial, from Punish- ment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the WOrld: *.* * Tor imposing taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: - For transporting us beyond Seas to be tried for pretended offences: - For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Ar- bitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colo- nies: • - - For taking away Our Charters, abolishing Our most Valuable LaWS, and altering fundamentally the Forms Of Our Government: .2 For Suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us Out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. . He is at this time transporting large armies of for. eign mercenaries to compleat the works of death, des- olation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a Civilized nation. - . He has constrained our fellow Citizens taken Cap- tive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of Our frontiers, the merciless Indian Savages, whose known rule of Warfare, is an undistinguished destruc- tion Of all ages, sexes and conditions. In every stage of these Oppressions We have Peti- tioned for Redress in the most humble terms: Our repeated Petitions have been answered only by re- peated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People. - - Nor have We been wanting in attention to our Brit- ish brethren. We have warned them from time to time of attempts by their legislature to extend an un- Warrantable jurisdiction Over us. We have reminded them Of the circumstances of our emigration and set- tlement here. We have appealed to their native jus- tice and magnanimity, and we have conjured them by the ties Of Our common kindred to disavow these usurpations, which, would inevitably interrupt our COnnections and Correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which de- nounces Our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. - We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the World for the rectitude Of Our intentions, do, in the Name, and by Authority of the good People of these Colonies, Sol- emnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States ; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and Ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Com- merce, and to do all other Acts and Things which In- dependent States may of right do. And for the Sup- port Of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each. Other Our LiveS, Our FOrtunes and Our Sa- Cred. HOnOr. ARTICLES OF CONFEDERATION-1777° To all to whom these Presents shall come, wye the WM- dersigned Delegates of the States affiaced to Our Names Send greeting - Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year Of Our Lord One Thou- sand Seven Hundred and Seventyseven, and in the Second Year Of the Independence Of America agree to certain articles Of Confederation and perpetual Un- ion between the States of Newhampshire, Massachu- setts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South- Carolina and Georgia in the Words following, Viz. “Articles of Confederation, and perpetual Union be- tween the States of Newhampshire, Massachusetts- bay, Rhode island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. Article I. The stile of this confederacy shall be “The Dnited States Of America.” Article II. Each State retains it sovereignty, free- dom and independence, and every power, jurisdiction and right, which is not by this confederation express- ly delegated to the United States, in Congress as- sembled. Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding them- selves to assist each other, against all force offered to, Or attacks made upon them, Or any of them, On a C- count of religion, sovereignty, trade, or any other pre- tence Whatever. Article IV. The better to secure and perpetuate mu- tual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, Vagabonds and fugi- tives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the sev- eral States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant ; provided also that no imposition, du- ties Or restriction shall be laid by any State, on the property of the United States, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor or Ex- ecutive power, of the State from which he fled, be delivered up and removed to the State having juris- diction Of his Offence. Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State. Article V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Con- gress on the first Monday in November, in every year, with a power reserved to each State, to recall its dele- gates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members ; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or anoth- er for his benefit receives any salary, fees or emolu- ment of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States. In determining questions in the United States, in Congress assembled, each State shall have one vote. Freedom Of Speech and debate in Congress shall not be impeached or questioned in any Court, or place Out of Congress, and the members of Congress shall be protected in their persons from arrests and impris- Onments, during the time of their going to and from, *Congress Resolved, on the 11th of June, 1776, that a com- mittee should be appointed to prepare and digest the form of a confederation to be entered into between the Colonies; and on the day following, after it had been determined that the committee should consist of a member from each Colony, the following persons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M'PCean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee, the subject was, from time to time, debated, until the 15th of November, 1777, when a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress, at the same time, directed that the articles should be proposed to the legisla- tures of all the United States, to be considered, and if ap- proved of by them, they were advised to authorize their del- egates to ratify the same in the Congress of the United States; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were Ordered to be printed for the use of Congress; and on the 17th of November, the form of a circular letter to accompany them was brought in by a committee appointed to prepare it, and being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president and forwarded to the Several States, With copies of the confederation. On the 29th of November ensuing, a committee of three was appointed, to procure a translation of the articles to be made into the French language, and to report an address to the inhabitants of Canada, &c. On the 26th of June, 1778, the form of a rat- ification of the Articles of Confederation was adopted, and, it having been engrossed on parchment, it was signed on the 9th of July on the part and in behalf of their respective States, by the delegates of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, and South Carolina, agree- ably to the powers vested in them. The delegates of North Carolina signed on the 21st of July, those of Georgia on the 24th of July, and those of New Jersey on the 26th of Novem- ber following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed in behalf of the State of Delaware, Mr. M’Kean having previously signed in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the confederation un- til matters respecting the western lands should be settled on principles of equity and sound policy; but, on the 30th of January, 1781, finding that the enemies of the country took advantage of the circumstance to disseminate opinions of an ultimate dissolution of the Union, the legislature of the State passed an act to empower their delegates to subscribe and ratify the articles, which was accordingly done by Mr. Han. son and Mr. Carroll, on the 1st of March of that year, which completed the ratifications of the act; and Congress assem. bled on the 2d of March under the new powers. NOTE.-The proof of this document, as published above, was read by Mr. Ferdinand Jefferson, the Keeper of the Rolls of the Department of State, at Washington, who compared it with the original in his custody. He says: “The initial let- ters of many of the words in the original of this instrument are capitals, but as no system appears to have been observed, the same words sometimes beginning with a capital and some- times with a small letter, I have thought it best not to un- dertake to follow the original in this particular. Moreover, there are three forms of the letter s. the capital S, the Small s, and the long f, the last being used indiscriminately to words that should begin with a capital and those that should begin with a small s.” ---. " IPage 3] ARTICLES OF CONFEDERATION 1777 and attendance on Congress, except for treason, felony, or breach of the peace. - - Article VI. No State without the consent of the United States in Congress assembled, shall send any embassy to, Or receive any embassy from, or enter into any conference, agreement, alliance or treaty With any king, prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emol- ument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility. - No two or more States shall enter into any treaty, Confederation or alliance whatever between them, Without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. . - No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain. - +. - . No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade; nor shall any body of forces be kept up by any State, In time of peace, except such number only, as in the judgment of the United States, in Congress assembled, Shall be deemed requisite to garrison the forts necessary for the defence of such State; but every State shall Always keep up a well regulated and disciplined mili- tia, sufficiently armed and accoutered, and shall pro- vide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunitions and camp equipage. No State shall engage in any war without the con- sent of the United States in Congress assembled, unless such State be actually invaded by enemies, or Shall have received certain advice of a resolution be- ing formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assem- bled can be consulted: nor shall any State grant com- missions to any ships or vessels of War, nor letters or marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so de- clared, and under such regulations as shall be estab- lished by the United States in Congress assembled, unless such State be infested by pirates, in which Case vessels of war may be fitted Out for that Occa- sion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. x. Article VII. When land-forces are raised by any State for the common defence, all officers of or under the rank of Colonel, shall be appointed by the Legis- lature of each State respectively by whom such forces shall be raised, or in such manner as such State \hall direct, and all vacancies shall be filled up by the State which first made the appointment. Article VIII. All charges of war, and all other ex- penses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the sev- eral States, in proportion to the value of all land within each State, granted to or surveyed for any ſperson, as such land and the buildings and improve- ſnents thereon shall be estimated according to such Inode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legis- be final and COnclusive ; f shall refuse to submit to the authority of such court, IPage 41 latures of the several States within the time agreed upon by the United States in Congress assembled. Article IX. The United States in Congress assem- bled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiv- ing ambassadors—entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States Shall be restrained from imposing such imposts and duties On foreigners, as their own people are subject- ed to, Or from prohibiting the exportation or importa- tion of any Species of goods or commodities whatso- ever—Of establishing rules for deciding in all cases, What Captures on land or water shall be legal, and in What manner prizes taken by land or naval forces in the Service Of the United States shall be divided or appropriated—Of granting letters of marque and re- prisal in times of peace—appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and deter- mining finally appeals in all cases of captures, pro- Vided that no member of Congress shall be appointed a judge of any of the said courts. - The United States in Congress assembled shall also be the last resort On appeal in all disputes and differ- ences now subsisting or that hereafter may arise be- tween two or more States concerning boundary, ju- risdiction or any other cause whatever ; which au- thority shall always be exercised in the manner follow- ing. Whenever the legislative or executive authority or lawful agent of any State in controversy with an- Other Shall present a petition to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners Or judges to constitute a court for hearing and deter- mining the matter in question : but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such per- sons each party shall alternately strike out one, the petitioners beginning, until the number shall be re- duced to thirteen ; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commission- ers or judges, to hear and finally determine the con- troversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall judge sufficient, or being present shall refuse to Strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Con- gress shall strike in behalf of such party absent or refusing ; and the judgment and sentence of the Court to be appointed, in the manner before prescribed, shall and if any of the parties or to appear or defend their claim or cause, the Court shall nevertheless proceed to pronounce sentence, Or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceed- ings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every com- missioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the Supreme or superior court of the State where the cause shall be tried, “well and truly, to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of re- ward:” provided also that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of ARTICLES OF CONFEDERATION-1777 IPage 5] soil claimed under different grants of two or more States, whose jurisdiction as they may respect Such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regu- lating the alloy and value of coin struck by their own authority, or by that of the respective States.—fixing the standard of weights and measures throughout the United States.—regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated— establishing and regulating post-offices from One State to another, throughout all the United States, and ex- acting such postage on the papers passing thro’ the same as may be requisite to defray the expenses Of the said office—appointing all officers of the land forces, in the service of the United States, excepting regi- mental officers—appointing all the officers of the naval forces, and Commissioning all officers what- ever in the service Of the United States—making rules for the government and regulation of the said land and naval forces, and directing their Operations. The United States in Congress assembled shall have authority to appoint a Committee, to sit in the receSS Of Congress, to be denominated “a Committee of the States,” and to consist Of One delegate from each State ; and to appoint such other Committees and civil Officers as may be necessary for managing the general affairs of the United States under their direc- tion—to appoint One of their number to preside, pro- vided that no person be allowed to serve in the Office Of president more than One year in any term of three years; to ascertain the necessary sums of money to be raised for the Service Of the United States, and to appropriate and apply the same for defraying the public expenses—to borrow money, or emit bills On the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted,—to build and equip a navy—to agree upon the number Of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and there- upon the Legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the Unit- ed States in Congress assembled: but if the United States in Congress assembled shall, on consideration of Circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that Such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the Officers and men SO ClOathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall never engage in a War, nor grant letters of marque and re- prisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value there- of, nor ascertain the sums and expenses necessary for the defence and Welfare of the United States, Or any of them, nor emit bills, nor borrow money on the Cred- it of the United States, nor appropriate money, nor agree upon the number of vessels of War, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the Same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the Space of six months, and shall publish the journal Of their proceedings monthly, except such parts thereof re- lating to treaties, alliances or military Operations, as in their judgment require secresy; and the yeaS and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, Or any of them, at his or their request shall be furnished with a transcript of the said journal, except Such parts as are above excepted, to lay before the Legis- latures Of the Several States. Article X. The Committee of the States, or any nine of them, shall be authorized to execute, in the receSS of Congress, such of the powers of Congress as the |United States in Congress assembled, by the COnsent of nine States, shall from time to time think expedient to vest them with ; provided that no power be dele- gated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite. - - Article XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages Of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine States. - Article XII. All bills of credit emitted, monies bor- rowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are here- by Solemnly pledged. Article XIII. Every State shall abide by the deter- minations of the United States in Congress assembled, on all questions which by this confederation are Sub- mitted to them. And the articles of this confedera- tion shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a Congress of the Unit- ed States, and be afterwards confirmed by the Legis- latures of every State. - And whereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures We respectively represent in Congress, to approve Of, and to authorize us to ratify the said articles of Confedera- tion and perpetual union. Know ye that we the un- dersigned delegates, by virtue of the power and au- thority to us given for that purpose, do by these pres- ents, in the name and in behalf of our respective Con- stituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: and we do further solemn- ly plight and engage the faith of our respective Con- stituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said confederation are sub- mitted to them. And that the articles thereof shall be inviolably observed by the States we reſs]pectively represent, and that the Union shall be perpetual. o THE NORTHWEST TERRITORIAL GOVERNMENT—1787 TThe Confederate Congress, July 13, 1787] An Ordinance for the government of the territory of the United States northwest of the river Ohio Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. - Sec. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them ; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree ; and among collaterals, the children Of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent’s Share; and there Shall, in no Case, be a distinction between kindred of the whole and half blood ; saving in all cases to the widow of the intestate, her third part of the real estate for life, and One-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised Or be- queathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be GOnveyed by lease and release, Or bargain and sale, signed, sealed, and delivered by the person, be- ing of full age, in whom the estate may be, and at- tested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, Courts, and reg- isters, shall be appointed for that purpose; and per- sonal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and Other settlers Of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore profess- ed themselves Citizens of Virginia, their laws and Cus- toms now in force among them, relative to the descent and Conveyance of property. ". Sec. 3. Be it Ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall con- tinue in force for the term Of three years, unless sooner revoked by COngress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his Office. - - Sec. 4. There shall be appointed from time to time, by Congress, a secretary, whose Commission shall con- tinue in force for four years, unless Sooner revolved ; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legisla- ture, and the public records of the district, and the proceedings Of the governor in his executive depart- ment, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Con- gress. There shall also be appointed a Court, to con- Sist Of three judges, any two of whom to form, a COurt, Who Shall have a common-law jurisdiction, and reside in the district, and have each therein a free- hold estate, in five hundred acres of land, while in the exercise of their offices; and their connmissions shall Continue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the Original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the Organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. Sec. 6. The governor, for the time being, shall be commander-in-chief of the militia, appoint and com- mission all Officers in the same below the rank of gen- eral Officers; all general officers shall be appointed and Commissioned by Congress. Sec. 7. Previous to the organization of the general assembly the governor shall appoint Such magistrates, and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good Order in the same. After the general assembly shall be Organized the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and Other civil officers, not herein otherwise directed, shall, during the continuance of this temporary gov- ernment, be appointed by the governor. Sec. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of pro- cess, Criminal and civil, the governor shall make prop- er divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay Out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may there- after be made by the legislature. - Sec. 9. SO SOOn as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall re- ceive authority, with time and place, to elect represent- atives from their counties or townships, to repre- sent them in the general assembly: Provided, That for every five hundred free male inhabitants there shall be One representative, and SO On, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five ; after which the number and proportion of representatives shall be regulated by the legislature: Provided, That no person be eligible or qualified to act as a represent- ative, unless he shall have been a citizen of One of the United States three years, and be a resident in the district, or unless he shall have resided in the dis- trict three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres Of land within the Same: Provided also, That a freehold in fifty acres of land in the district, hav- ing been a citizen of one of the States, and being resi- dent in the district, Or the like freehold and tWO years' residence in the district, shall be necessary to Qualify a man as an elector of a representative. Sec. 10. The representatives thus elected shall serve for the term of two years; and in case of the IPage 6] *. THE NORTHWEST TERRITORIAL GOVERNMENT 1787 - [Page 71 death of a representative, or removal from office, the governor shall issue a writ to the county or town- ship, for which he was a member, to elect another in his stead, to serve for the residue of the term. Sec. 11. The general assembly, or legislature, shall Consist of the governor, legislative council, and a house of representatives. The legislative council shall COnsist Of five members, to continue in office five years, Unless SOoner removed by Congress; any three of Whom to be a quorum ; and the members of the coun- Cil Shall be nominated and appointed in the following Imanner, to wit: As soon as representatives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of Whom Congress shall appoint and commission to Serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from Office, the house of representatives shall nominate two perSOnS, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Con- greSS Shall appoint and Commission for the residue Of the term ; and every five years, four months at 1east before the expiration of the time of service of the members of the council, the said house shall nom- inate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and Commission to serve as members of the Council five years, unless sooner removed. And the governor, legislative council, and house of represent- atives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance estab- lished and declared. And all bills, having passed by a majority in the house, and by a majority in the COUncil, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor Shall have power to convene, prorogue, and dissolve the general assembly when, in his Opinion, it shall be expedient. Sec. 12. The governor, judges, legislative council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirma- tion of fidelity, and of office, the governor before the President of Congress, and all other officers before the governor. AS SOOn as a legislature shall be formed in the district, the council and house assembled, in One room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress with a right of debating, but not of voting, during this temporary government. Sec. 13. And for extending the fundamental princi- ples Of civil and religious liberty, which form the basis whereon these republics, their laws and consti- tuitions, are erected; to fix and establish those prin- ciples as the basis of all laws, constitutions, and gov- ernments, which forever hereafter shall be formed in the Said territory; to provide, also, for the establish- ment of States, and permanent government therein, and for their admission to a share in the Federal Councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: Sec. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be COnsidered as articles of compact, between the Original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I No person, demeaning himself in a peaceable and orderly manner, Shall ever be molested On account of his mode of Worship, or religious sentiments, in the Said territories. ARTICLE II The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas Corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the COImmon law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no Cruel Or unusual punishments shall be inflict- ed. No man shall be deprived of his liberty or prop- erty, but by the judgment Of his peers, Or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person’s property, Or to demand his particular serv- ices, full COImpensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shall, in any manner whatever, interfere with or af- fect private contracts, or engagements, bona fide, and without fraud previously formed. ARTICLE III Religion, morality, and knowledge being necessary to good government and the happiness Of mankind, Schools and the means Of education Shall forever be encouraged. The utmost good faith shall always be Observed towards the Indians ; their lands and prop- erty shall never be taken from them without their Consent; and in their property rights, and liberty they never shall be invaded Or disturbed, unless in just and lawful Wars authorized by Congress; but laws founded in justice and humanity Shall, from time to time, be made, for preventing Wrongs being done to them, and for preserving peace and friendship With them. ARTICLE IV The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such altera- tions therein as shall be COInstitutionally made ; and to all the acts and Ordinances Of the United States in Congress assembled, Conformable thereto. The in- habitants and Settlers in the said territory shall be subject to pay a part of the Federal debts, contracted, or to be contracted, and a proportional part of the expenses of , government to be apportioned on them by Congress, according to the same Common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the au- thority and direction of the legislatures of the dis- trict, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, Or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regula- tions Congress may find necessary for Securing the title in Such soil to the bona-fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable Waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be com- mon highways, and forever free, as Well to the in- habitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. ARTICLE V There shall be formed in the said territory not less than three nor more than five States; and the bound- THE NORTHWEST TERRITORIAL GOVERNMENT—1787 - [Page 8] * aries of the States, as soon as Virginia shall alter her act of Cession and consent to the same, shall be- come fixed and established as follows, to wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wabash and POSt Vin- cents, due Inorth, to the territorial line between the United States and Canada ; and by the said terri- torial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth Of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have au- thority to form. One or two States in that part of the said territory which lies north of an east and West line drawn through the Southerly bend or extreme of Lake Michigan. And Whenever any of the said States shall have sixty thousand free inhabitants therein, such States shall be admitted, by its delegates, into the Congress of the United States, on an equal foot- ing with the original States, in all respects whatever; and shall be at liberty to form a permanent consti- tution and State government: Provided, The Consti- tution and government, so to be formed, shall be republican, and in conformity to the principles COn- tained in these articles, and, so far as it can be Con- sistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free in- habitants in the State than sixty thousand. ARTICLE VI There shall be neither slavery nor involuntary Servi- tude in the said territory, Otherwise than in the pun- ishment of crimes, whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any One of the Original States, such fugitive may be lawfully reclaimed, and convey- ed to the person claiming his or her labor or service as aforesaid. ... r Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are here- by, repealed, and declared null and Void. Done by the United States, in Congress assembled, the 13th day of July, in the year of Our Lord 1787, and of their SOVereignty and independence the twelfth. CONSTITUTION - OF THE UNITED STATES-1787° WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, in- Sure domestic Tranquility, provide for the Com- mon defence, promote the general Welfare, and secure the Blessings of Liberty to Ourselves and our Posterity, do ordain and establish this CON- STITUTION for the United States Of America. ARTICLE I Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, Which shall Consist Of a Senate and House Of Rep- resentativeS. - Section. 2. 1 The House of Representatives shall be Composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. 2 No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been Seven Years a Citizen. Of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. 8 [Representatives and direct Taxes shall be appor- tioned among the several States which may be in- cluded within this Union, according to their respective Numbers, which shall be determined by adding to the Whole Number of free PerSons, including those bound to Service for a Term of Years, and excluding Indians Inot taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number Of Representatives shall not exceed One for every thirty Thousand, but each State shall have at Least One Representative ; and until Such enu- meration shall be made, the State of New Hampshire *In May, 1785, a committee of Congress made a report rec- Ommending an alteration in the Articles of Confederation, but Ino action was taken on it, and it was left to the State Legis- latures to proceed in the matter. In January, 1786, the Leg- islature of Virginia passed a resolution providing for the ap- pointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed” upon, to take into consideration the trade of the United States; to consider how far a uniform system in their com- mercial regulations may be necessary to their common inter- est and their permanent harmony; and to report to the sev- eral States such an act, relative to this great object, as, when ratified by them, will enable the United States in Congress effectually to provide for the same. The Virginia commis- sioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meeting, but only four other States were represented, viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New Hamp- shire, North Carolina, and Rhode Island failed to attend. Un- der the circumstances of so partial a representation, the com- missioners present agreed upon a report, (drawn by Mr. Ham- ilton, of New York,) expressing their unanimous conviction that it might essentially tend to advance the interests of the TJnion if the States by which they were respectively delegated Would concur, and use their endeavors to procure the con- Currence of the other States, in the appointment of commis- sioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the Unit- ed States; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and after- Wards Confirmed by the Legislatures of every State, Would ef- fectually provide for the same. shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations One, Con- necticut five, New-York six, New Jersey four, Pennsyl- vania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia. three. The clause of this paragraph inclosed in brackets was" amended, as to the mode of apportionment of representa- tives among the several states, by the fourteenth amend- ment, § 2, post, and as to taxes on incomes without ap- portionment, by the sixteenth amendment, post. 4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs Of Election to fill Such Vacancies. 5 The House Of Representatives shall Chuse their Speaker and other Officers; and Shall have the sole POWer Of Impeachment. Section. 3. 1 [The Senate Of the United States shall be COmposed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have One Vote.] This paragraph, and the clause of paragraph 2 of this section next following, inclosed in brackets, were super- seded by the Seventeenth amendment, post. 2 Immediately after they shall be assembled in Con- sequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats Of the Senators Of the first Class shall be vacated at the Expiration of the second year, Of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, So that One-third may be chosen every second Year ; [and if Vacancies happen by Resignation, or other- wise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appoint- ments until the next Meeting of the Legislature, which shall then fill Such Vacancies.] See note to preceding paragraph of this section. 3 NO Person shall be a Senator Who Shall not have attained to the Age of thirty Years, and been nine Congress, on the 21st of February, 1787, adopted a resolution in favor of a convention, and the Legislatures of those States Which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On the 25th of May, seven States having convened, George Washington, of Vir- ginia, Was unanimously elected President, and the consider- ation of the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry, of Massachusetts, and Messrs. Mason and Ran- dolph, of Virginia. The president of the convention transmit- ted it to Congress, with a resolution stating how the pro- posed Federal Government should be put in operation, and an explanatory letter. Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions and letter concerning the same, to “be transmitted to the several Legislatures in Order to be submitted to a convention of dele- gates chosen in each State by the people thereof, in conform- ity to the resolves of the convention.” On the 4th of March, 1789, the day which had been fixed for commencing the Operations of Government under the new Con- stitution, it had been ratified by the conventions chosen in each State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, Decem- ber 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June, #sº Virginia, June 26, 1788; and New York, July 26, 788. The President informed Congress, on the 28th of January, 1790, that North Carolina had ratified the Constitution No- vember 21, 1789; and he informed Congress on the 1st of June, 1790, that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Constitu- tion January 10, 1789, and was, by an act of Congress ap- proved February 19, 1791, “received and admitted into this Union as a new and entire member of the United States.” IPage 91 CONSTITUTION OF THE UNITED STATES-1787 (Art. 1, § 3 HPage 10] Years a Citizen of the United States, and who shall not, When elected, be an Inhabitant of that State for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate, but shall have no Vote, un- less they be equally divided. . 5 The Senate shall chuse their other Officers, and &lSO a President pro tempore, in the Absence of the Vice President, or when, he shall exercise the Office of President of the United States. 6 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall reside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. 7 Judgment in Cases of Impeachment shall not ex- tend further than to removal from Office, and dis- Qualification to hold and enjoy any Office of honor, Trust Or Profit under the United States: but the Par- ty Convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, ac- COrding to Law. Section. 4. 1 The Times, Places and Manner of hold- ing Elections for Senators and Representatives, shall be prescribed in each State by the Legislature there- Of ; but the Congress may at any time by Law make or alter Such Regulations, except as to the Places Of Chusing Senators. lº. 2 The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a dif- ferent Day. Section. 5. 1 Each House shall be the Judge of the Elections, Returns, and Qualifications of its Own Mem- bers, and a Majority of each shall constitute a Quor- um to do Business; but a smaller Number may ad- journ from day to day, and may be authorized to com- pel the Attendance of absent Members, in such Man- Iner, and under Such Penalties as each House may provide. 2 Each HOUSe may determine the Rules of its Pro- ceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Mem- ber. 8 Each House shall keep a Journal of its Proceed- ings, and from time to time publish the same, except- ing Such Parts as may in their Judgment require Se- Crecy; and the Yeas and Nays of the Members of ei- ther House On any question Shall, at the Desire Of One fifth Of those present, be entered. On the JOurnal. 4 Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any Other Place than that in which the two Houses shall be sitting. Section. 6. 1 The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be priv- ileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same ; and for any Speech or Debate in either House, they shall not be question- ed in any other Place. • - 2 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been Created, Or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. . Section. 7. 1 All bills for raising Revenue Shall Orig- inate in the House of Representatives; but the Senate may propose Or Concur With Amendments as On other Bills. - 2 Every Bill which shall have passed the House of Representatives and the Senate, shall, before it be- come a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall en- ter the Objections at large on their Journal, and pro- ceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered On the Journal Of each HOuse respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, un- less the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. 3 Every Order, Resolution, or Vote to which the Concurrence Of the Senate and House of Representa- tives may be necessary (except on a question of Ad- journment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds Of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section. 8. 1 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and EXCises shall be uniform throughOut the United States; - •. 2 To borrow Money on the credit of the United States; 8 TO regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; 4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; : 5 To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 6 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 7 To establish Post Offices and post Roads; 8 To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writ- ings and Discoveries; 9 To constitute Tribunals inferior to the Supreme Court; 10 To define and punish Piracies and Felonies com- mitted. On the high Seas, and Offences against the Law of Nations; - 11 To declare War, grant Letters of Marque and Re- prisal, and make Rules Concerning Captures on Land and Water; - 12 To raise and support Armies, but no Appropri- ation of Money to that Use shall be for a longer Term than two Years; 13 To provide and maintain a Navy; 14 To make Rules for the Government and Regula- tion of the land and naval Forces; 15 To provide for calling forth the Militia to execute the Laws Of the Union, Suppress Insurrections and re- pel Invasions; - - - 16 To provide for Organizing, arming, and disciplin- ing, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Ap- pointment of the Officers, and the Authority of train- ing the Militia according to the discipline prescribed by Congress ; - Art. 2, § 2) CONSTITUTION OF THE UNITED STATES-1787 IPage 11] 17 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles Square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the con- Sent Of the Legislature of the State in which the Same . Shall be, for the Erection of Forts, Magazines, Ar- Senals, dock-Yards, and other needful Buildings;–And 18 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing POWers, and all other Powers vested by this Consti- tution in the Government of the United States, or in &ny Department or Officer thereof. Section, 9. 1 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall Inot be prohibited by the Con- greSS prior to the Year One thousand eight hundred and eight, but a Tax Or duty may be imposed. On Such Importation, not exceeding ten dollars for each Per- SOI!. 2 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. - 3 NO Bill of Attainder or expost facto Law shall be passed. - 4. No Capitation, or other direct, tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. - 5 No Tax Or Duty shall be laid on Articles exported from any State. 6 No Preference shall be given by any Regulation Of Commerce or Revenue to the Ports of One State OVer those of another: nor shall Vessels bound to, or from, One State, be obliged to enter, clear, or pay Du- ties in another. 7 No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by ſaw ; and a regular Statement and Account of the Receipts and EXpenditures of all public Money shall be published from time to time. - 8 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, Or Title of any kind whatever from any King, Prince, Or foreign State. - Section, 10. 1 No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal; Coin Money; emit Bills of Credit; Imake any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. 2 No State shall, without the Consent of the Con- greSS, lay any Imposts or Duties on Imports or Ex- ports, except What may be absolutely necessary for eXecuting it's inspection Laws: and the net Produce Of all Duties and Imposts, laid by any State on Im- portS or Exports, shall be for the Use of the Treas- ury Of the United States; and all such Laws shall be Subject to the Revision and Controul of the Congress. 3 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, Or engage in War, unless actually invaded, or in such imminent Danger as Will not admit of delay. . ARTICLE II Section. 1. 1 The executive POwer Shall be Wested in a President Of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows 2 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Represen- tatives to which the State may be entitled in the Con- gress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [The electors shall meet in their respective States, and vote by ballot for two Persons, of whom One at least shall not be an Inhabitant of the same State With themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each ; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President Of the Senate. The President of the Senate shall, in the Presence Of the Senate and House of Representatives, Open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed ; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Repre- sentatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in Chusing the President, the Votes shall be taken by . States, the Representation from each State having One Vote; A quorum for this Purpose shall consist Of a Member Or Members from two-thirds Of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes Of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.] - This paragraph, inclosed in brackets, was superseded by the twelfth amendment, post. 8 The Congress may determine the Time Of Chusing the Electors, and the Day On which they shall give their Votes; which Day, shall be the same throughout the United States. - 4. No Person except a natural born Citizen, or a Citizen of the United States, at the time Of the Adop- tion of this Constitution, shall be eligible to the Of- fice Of President ; neither shall any Person be eligible to that Office who shall not have attained to the Age Of thirty-five Years, and been fourteen Years a Resi- dent within the United States. 5 In Case Of the Removal Of the President from Of- fice, or of his Death, Resignation, or Inability to dis- charge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the COIngreSS may by Law provide for the Case Of Remov- al, Death, Resignation, or Inability, both of the Presi- dent and Vice President, declaring what Officer shall then act as President, and such Officer shall act ac- COrdingly, until the Disability be removed, or a Presi- dent shall be elected. + 6 The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive Within that Period any other Emolument from the United States, or any of them. 7 Before he enter On the Execution of his Office, he Shall take the following Oath Or, Affirmation:—“I do solemnly swear (or affirm) that I will faithfully ex- ecute the Office of President of the United States, and Will to the best Of Imy Ability, preserve, protect and defend the Constitution Of the United States.” Section. 2. 1 The President shall be Commander in Chief Of the Army and Navy Of the United States, and Of the Militia of the several States, when called into the actual Service Of the United States; he may re- quire the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Sub- ject relating to the Duties of their respective Offices, CONSTITUTION OF THE UNITED STATES-1787 (Art. 2, § 2 [Page 12I - and he shall have Power to grant Reprieves and Par- dons for Offences against the United States, except in Cases of Impeachment. 2 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur ; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Ap- pointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. 3 The President shall have Power to fill up all Wa- cancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and .recommend to their Consideration such Measures as he shall judge necessary and expedient ; he may, On extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other pub- lic Ministers ; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. . Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misde- meanors. - ARTICLE III Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in Such inferior Courts as the Congress may from time to time Ordain and establish. The Judges, both Of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. 1 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Con- stitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ; —to all Cases affecting Ambassadors, other public Ministers and Consuls ;—to all Cases of admiralty and maritime Jurisdiction ;-to Controversies to which the United States shall be a Party ;-to Controversies be- tween two or more States ;-between a State and Citi- zens of another State ;-between citizens of different States, between citizens of the same State Claiming JLands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. - 2 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have Original Jurisdiction. In all the Other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 8 The Trial of all Crimes, except in Cases of Im- peachment, shall be by Jury ; and such Trial shall 'bé held in the State where the said Crimes shall have been Committed ; but when not committed within any State, the Trial shall be at Such Place or Places as the Congress may by Law have directed. Section. 3. 1 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Com- fort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, Or on Confession in open Court. 2 The Congress shall have Power to declare the Pun- ishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. ARTICLE IV Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the CongreSS may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section. 2. 1 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the Several States. 2 A person charged in any State with Treason, Fel- ony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand Of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime. 3 No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom Such Service or Labour may be due. Section. 3. 1 New States may be admitted by the Congress into this Union ; but no new State shall be formed Or erected within the Jurisdiction Of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as Of the Congress. 2 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Unit- ed States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Goy- ernment, and shall protect each of them against In- vasion ; and on Application of the Legislature, or of the Executive (When the Legislature Cannot be COn- Vened) against domestic Violence. ARTICLE V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legis- latures of two thirds of the several States, shall Call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Pur- poses, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the One Or the Other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section Of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE VI 1 All Debts Contracted and Engagements entered in- to, before the Adoption of this Constitution, shall be as valid against the United States under this Con- Stitution, as under the Confederation. 2 This Constitution, and the Laws of the United States which Shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Su- preme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Con- stitution or Laws of any State to the Contrary not- Withstanding. - Am., Art. 12) CONSTITUTION OF THE UNITED STATES-1787 • municated by the President to Congress: [Page 13] 8 The Senators and Representatives before mention- ed, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the |United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Quali- Articles in Addition to, and Amendment of, the Proposed by Congress, and Ratified by the fication to any Office or public Trust under the United States. ARTICLE VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Con- stitution between the States so ratifying the Same. Constitution of the United States of America, Legislatures of the Several States Pursu- ant to the Fifth Article of the Original Constitution [ARTICLE II + Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise there- of ; or abridging the freedom of speech, or of the preSS ; Or the right of the people peaceably to assem- ble, and to petition the Government for a redress O grievances. * , [ARTICLE II] A well regulated Militia, being necessary to the Se- curity of a free State, the right of the people to keep and bear Arms, shall not be infringed. [ARTICLE III] NO Soldier shall, in time of peace be quartered in any house, Without the consent Of the Owner, nor in time of War, but in a manner to be prescribed by law. [ARTICLE IV.] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be wiolated, and no Warrants shall issue, but upon probable cause, Sup- ported by Oath or affirmation, and particularly de- Scribing the place to be searched, and the persons or things to be seized. [ARTICLE VI No person shall be held to answer for a Capital, or Otherwise infamous Crime, unless On a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War Or public danger; nor Shall any perSOn be Subject for the same Offence to be tWiCe put in jeopardy Of life or limb; nor Shall be Compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. [ARTICLE VII In all Criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury Of the State and district wherein the Crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and Cause of the accusation; to be Con- fronted with the Witnesses against him; to have com- pulsory process for Obtaining Witnesses in his favor, and to have the Assistance Of Counsel for his defence. [ARTICLE VII] In Suits at COmmon law, where the value in contro- versy shall exceed twenty dollars, the right of trial *The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Congress, on the 25th of September, 1789. They were ratified by the following States, and the notifications of ratification by the governors thereof were successively com- New Jersey, No- North Caro- vember 20, 1789; Maryland, December 19, 1789; lina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connect- icut, Georgia, and Massachusetts ratified them. by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court Of the Ljnited States, than according to the rules Of the COm- mon law. [ARTICLE VIII] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments in- flicted. - [ARTICLE IX.] The enumeration in the Constitution, of Certain - rights, shall not be construed to deny or disparage Oth- ers retained by the people. - [ARTICLE X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [ARTICLE XII The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. The eleventh amendment to the Constitution of the United States was proposed to the legislatures of the sev- eral States by the Third Congress, on the 5th September, 1794, and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the States. [ARTICLE XII] The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, One of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-Presi- dent, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and Of the number of votes for each, which lists they shall sign and certify, and transmit Sealed to the seat Of the government Of the United States, directed to the President Of the Senate;— The President of the Senate shall, in the presence of the Senate and House Of Representatives, Open all the Certificates and the votes shall then be Counted;—The person having the greatest number of votes for Pres- ident, shall be the President, if such number be a ma- jority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each state having One Vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the States shall be necessary to a Choice. And if the House of Representatives shall not choose a Presi- dent whenever the right Of choice Shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other Constitutional disability CONSTITUTION OF THE UNITED STATES-1787 (Am., Art. 12 [Page 141 Of the President. The person having the greatest thumber of votes as Vice-President, shall be the Vice- President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds Of the whole number of Senators, and a majority of the Whole number shall be necessary to a choice. But no person constitutionally ineligible to the Office of President shall be eligible to that of Vice-President Of the United States. The twelfth amendment to the Constitution of the Unit- ed States was proposed to the 1egislatures of the several States by the Eighth Congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article, and was declared in a proc- lamation of the Secretary of State, dated the 25th of Sep- tember, 1804, to have been ratified by the legislatures of three-fourths of the States. [ARTICLE XIII] Section 1. Neither slavery nor involuntary servi- Cude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist with- in the United States, or any place subject to their jurisdiction. - Section 2. Congress shall have power to enforce this article by appropriate legislation. The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the sev- eral States by the Thirty-eighth Congress, on the 1st of February, 1865, and was declared, in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States, viz: Illinois, Rhode Island, Mich- igan, Maryland, New York, West Virginia, Maine, Kan- sas, Massachusetts, Pennsylvania, Virginia, Ohio, . Mis- souri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hamp- shire, South Carolina, Alabama, North Carolina, and Georgia. - - [ARTICLE XIV, & Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges Or immuni- ties of citizens of the United States; nor shall any State deprive any person of life, liberty, Or property, without due process of law; nor deny to any person within its jurisdiction the equal protection Of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, Counting the Whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of elec- tors for President and Vice President Of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhab- itants of such State, being twenty-one years of age, and citizens Of the United States, Or in any way abridged, except for participation in rebellion, Or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male Citizens shall bear to the Whole number of male Citizens twenty-One years Of age in Such State. Section 3. No person shall be a Senator or Repre- sentative in Congress, or elector of President and Vice President, Or hold any Office, civil or military, un- der the United States, or under any State, who, hav- ing previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, Or given aid Or Comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. The disability created by this section was removed by Act June 6, 1898, c. 389, 30 Stat. 432, post, § 3219, be questioned. Section 4. The validity of the public debt of the United States, authorized by law, including debts in- curred for payment of pensions and bounties for serv- ices in suppressing insurrection or rebellion, shall not - But neither the United States nor. any State shall assume or pay any debt or obligation incurred in aid of insurrection Or rebellion against the TJnited States, or any claim for the loss or emancipa- tion of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to en- force, by appropriate legislation, the provisions of this article. - The fourteenth amendment to the Constitution of the TJnited States was proposed to the legislatures of the Sev- eral States by the Thirty-ninth Congress, on the 16th of June, 1866. On the 21st of July, 1868, Congress adopted and transmitted to the Department of State a concurrent resolution, declaring that “the legislatures of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the fourteenth article of amendment to the Constitution of the United States, duly proposed by two- thirds of each House of the Thirty-ninth Congress: There- fore, Resolved, That said fourteenth article is hereby de- clared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State.” The Secretary of State accordingly issued a proclamation, dated the 28th of July, 1868, de- claring that the proposed fourteenth amendment had been ratified, in the manner hereafter mentioned, by the legis- latures of thirty of the thirty-six States, viz: Connecti- cut, June 30, 1866; New Hampshire, July 7, 1866; Tennes- see, July 19, 1866; New Jersey, September 11, 1866, (and the legislature of the same State passed a resolution in April, 1868, to withdraw its consent to it;) Oregon, Sep- tember 19, 1866; Vermont, November 9, 1866; Georgia re- jected it November 13, 1866, and ratified it July 21, 1868; North Carolina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio ratified it January 11, 1867, (and the legislature of the same State passed a resolution in January, 1868, to withdraw its consent to it;) Illinois rat- ified it January 15, 1867; West Virginia, January 16, 1867; Ransas, January 18, 1867; Maine, January 19, 1867; Ne- vada, January 22, 1867; Missouri, January 26, 1867; Indi- ana, January 29, 1867; Minnesota, February 1, 1867; Rhode Island, February 7, 1867; Wisconsin, February 13, 1867; Pennsylvania, February 13, 1867; Michigan, Febru- ary 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; Louisiana, July 9, 1868; and Alabama, July 13, 1868. Georgia, again ratified the amend- ment February 2, 1870. Texas rejected it November 1, 1866, and ratified it February 18, 1870. Virginia rejected it January 19, 1867, and ratified October 8, 1869. The amend- ment was rejected by Rentucky January 10, 1867; by Del- aware February 8, 1867; by Maryland March 23, 1867, and was not afterward ratified by either State. [ABTICLE XVI Section 1. The right of citizens of the United States to vote shall not be denied Or abridged by the United States Or by any State On a CCOunt Of race, color, or previous condition of servitude. Section 2. The Congress shall have power to en- force this article by appropriate legislation. The fifteenth amendment to the Constitution of the United States was proposed to the legislatures of the sev- eral States by the Fortieth Congress, on the 27th of Feb- ruary, 1869, and Was declared, in a proclamation of the Secretary of State, dated March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty- Seven States. The dates of these ratifications (arranged. in the order of their reception at the Department of State) were: from North Carolina, March 5, 1869; West Vir- ginia, March 3, 1869; , Massachusetts, March 9–12, 1869; Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisi- ana, March 5, 1869; Michigan, March 8, 1869; South Caro- lina, March 16, 1869; Pennsylvania, March 26, 1869; Ar- kansas, March 30, 1869; Connecticut, May 19, 1869; Flor- ida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17-April 14, 1869, (and the legislature of the same State passed a resolution January 5, 1870, to withdraw its consent to it;) New Hampshire, July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, January 15–17, 1870; Ohio, January 27, 1870; Iowa, February 3, 1870; Kansas, January 18–19, 1870; Minnesota, February 19, 1870; Rhode Island, Janu- Am..., Art. 17) CONSTITUTION OF THE UNITED STATES-1787 - IPage 15I ary 18, 1870; Nebraska, February 17, 1870; Texas, Feb- One vote. The electors in each state shall have the ruary 18, 1870. The State of Georgia, also ratified the amendment February 2, 1870. [ARTICLE XVI] The Congress shall have power to lay and Collect taxes on incomes, from whatever source derived, with- Out apportionment among the several states, and With- Out regard to any census Or enumeration. The sixteenth amendment to the Constitution of the United States was proposed to the legislatures of the Sev- eral states by the Sixty-First Congress, on the 31st of July, 1909, and was declared, in a proclamation by the Secretary of State, dated the 25th of February, 1913, to have been ratified by the legislatures of the states of Ala- bama, Kentucky, South Carolina, Illinois, Mississippi, Oklahoma, Maryland, Georgia, Texas, Ohio, Idaho, Ore- gon, Washington, California, Montana, Indiana, Nevada, North Carolina, Nebraska, Kansas, Colorado, North Da- kota, Michigan, Iowa, Missouri, Maine, Tennessee, Arkan- sas, Wisconsin, New York, South Dakota, Arizona, Min- nesota, Louisiana, Delaware, and Wyoming, in all thirty- six, said states constituting three-fourths of the Whole number of states. The legislatures of New Jersey and New Mexico also passed resolutions ratifying the said proposed amendment. - [ARTICLE XVII] The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have qualifications requisite for electors of the most numer- OuS branch Of the State legislatures. When vacancies happen in the representation of any state in the Senate, the executive authority Of Such state shall issue writs of election to fill such vacan- Cies: Provided, that the legislature of any state may empower the executive thereof to make temporary ap- pointment until the people fill the vacancies by elec- tion as the legislature may direct. This amendment shall not be so construed as to af- fect the election or term of any Senator chosen before it becomes valid as part of the Constitution. The Seventeenth amendment to the Constitution of the United States was proposed to the legislatures of the sev- eral states by the Sixty-Second Congress, on the 15th of May, 1912, in lieu of the original first paragraph of sec- tion 3 of article I, and in lieu of so much of paragraph 2 of the same section as related to the filling of vacancies, and was declared, in a proclamation by the Secretary of State, dated the 31st of May, 1913, to have been ratified by the legislatures of the states of Massachusetts, Ari- zona, Minnesota, New York, Kansas, Oregon, North Caro- lina, California, Michigan, Idaho, West Virginia, Nebras- ka, Iowa, Montana, Texas, Washington, Wyoming, Colo- rado, Illinois, North Dakota, Nevada, Vermont, Maine, New Hampshire, Oklahoma, Ohio, South Dakota, Indiana, Missouri, New Mexico, New Jersey, Tennessee, Arkansas, Connecticut, Pennsylvania, and Wisconsin, said states con- stituting three-fourths of the Whole number of states. U.S. COMPILED STATUTES 1918 COMPACT EDITION WAR RESOLUTIONS [PUBLIC RESOLUTION, c. 1, 65TH CONGRESS.] Joint Resolution Declaring that a state of war exists be- tween the Imperial German Government and the Government and the people of the United States and making provision to prosecute the same. Whereas the Imperial German Government has COm- mitted repeated acts of war against the Govern- ment and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representa- tives of the United States of America in CongreSS assembled, That the state of war between the Unit- ed States and the Imperial German Government Which has thus been thrust upon the United States is here- by formally declared; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources Of the GOvernment to Carry On War against the Imperial German Government; and to bring the conflict to a successful termination all Of the resources of the country are hereby pledged by the Congress of the United States. CHAMP CLARK, Speaker of the House of Representatives. THOS. R. MARSHALL, Vice President Of the United States and President Of the Senate. Approved, April 6, 1917 [PUBLIC RESOLUTION, C. 17, 65TH CongBESS.] Joint Resolution Declaring that a state of war exists be- tween the Imperial and Royal Austro-Hungarian Government and the Government and the people of the United States, and making provision to prosecute the same. Whéreas the Imperial and Royal Austro-Hungarian Government has COmmitted repeated acts Of War against the Government and the people of the United States Of America: Therefore be it Resolved by the Senate and House Of Representa- tives of the United States of America in Congress a S- sembled, That a state of war is hereby declared to exist between the United States of America and the Imperial and Royal Austro-Hungarian Government; and that the President be, and he is hereby, author- ized and directed to employ the entire naval and mili- tary forces Of the United States and the resources of the Government to Carry On War against the Im- perial and Royal Austro-Hungarian Government; and to bring the conflict to a successful termination all the resources Of the Country are hereby pledged by the Congress of the United States. Approved, December 7, 1917. TITLE I—GENERAL PROVISIONS Chap. Sec. 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Chapter One—Definitions Sec. Sec. 1. Definitions. 4. Vehicle. 2. County. 5. Company; association. 3. Vessel. 6. Seal. § 1. Definitions—In determining the meaning Of the revised statutes, or of any act or resolution of Congress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied to Several persons or things ; words importing the plural number may include the singular ; words importing the masculine gender may be applied to females; the words “insane perSOn” and “lunatic” shall include every idiot, non compos, lunatic, and insane person; the word “person” may extend and be applied to part- nerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in. a more limited Sense; and a requirement Of an “Oath.” shall be deemed Complied with by making affirmation in judicial form. (R. S. $ 1.) See index, “Words and Phrases,” for other statutory definitions. COMP.ST.’18—2 Chap. - Sec. 2. Form and enactment of statutes and effect of repeals . . . . . . . . . . . . . . . . . . e º a • * * * * * * * * * * * * * * * * * 7 § 2. County—The word “county” includes a par- ish, or any other equivalent subdivision of a State or Territory of the United States. (R. S. § 2.) § 3. Vessel—The word “vessel” includes every de- scription of water-Craft or other artificial contrivance used, Or Capable of being used, as a means of trans- portation on water. (R. S. § 3.) § 4. Vehicle—The word “vehicle” includes every description of Carriage Or Other artificial Contrivance used, or capable Of being used, as a means Of trans- portation on land. (R. S. § 4.) § 5. Company; association—The Word “Compa- ny” or “association,” when used in reference to a corporation, shall be deemed to embrace the words “Successors and assigns Of Such COmpany Or associa- tion,” in like manner as if these last-named words, or words of similar import, Were expressed. (R. S. § 5.) § 6. Seal—In all cases where a seal is necessary by law to any commission, process, or other instru- ment provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impres- sion therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. (R. S. § 6.) [Page 17I § 7 GENERAL PROVISIONS (Tit. 1 [Page 181 Chapter Two—Form and Enactment of see Statutes and Effect of Repeals 7. Enacting clause. 8. Resolving clause. 9. Enacting words after first section. 10. Numbering and frame of sections. 11. Title of appropriation acts. 12. Printing of bills and joint resolutions. 13. Repeal not to revive former act. 14. Liabilities not affected by repeals. § 7. Enacting clause—The enacting clause of all acts Of Congress hereafter enacted shall be in the following form: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.” (R. S. $ 7.) $ 8. Resolving clause—The resolving clause of all joint resolutions shall be in the following form: “Resolved by the Senate and House of Representatives Of the United States of America in Congress assem- bled.” (R. S. § 8.) w § 9, Enacting words after first section—No en- acting Or resolving words shall be used in any Sec- tion of an act Or resolution of Congress except in the first. (R. S. § 9.) - § 10. Numbering and frame of sections—Each Section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. (R. S. § 10.) § 11. Title of appropriation acts—The style and title Of all acts making appropriations for the sup- port of Government shall be as follows: “An act mak. ing appropriations, (here insert the Object) for the year ending June thirtieth (here insert the Calendar year.)” (R. S. § 11.) § 12. Printing of bills and joint resolutions- Hereafter the engrossing and enrolling of bills and joint resolutions of either House of Congress shall be done in accordance with the concurrent resolution adopted by the Fifty-third Congress at its first SeS- Sion, November first, eighteen hundred and ninety- three: Provided, That during the last six days Of a session such engrossing and enrolling of bills and joint resolutions may be done Other Wise than as pre- Scribed in Said concurrent resolution, upon the Order of Congress by concurrent resolution. (March 2, 1895, c. 177, § 1, 28 Stat. 769.) § 13. Repeal not to revive former act—When- ever an act is repealed, which repealed a former act, such former act shall not thereby be revived, unless it shall be expressly so provided. (R. S. § 12.) § 14. Liabilities not affected by repeals—The repeal of any statute shall not have the effect to re- lease or extinguish any penalty, forfeiture, or lia- bility incurred under such statute, unless the repeal- ing act shall so expressly provide, and Such Statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecu- tion for the enforcement of such penalty, forfeiture, or liability. (R. S. § 13.) TITLE II—THE CONGRESS Chap. Sec. 1. Election of Senators. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14a 2. Apportionment and election of Representatives 15 3. Organization of meetings of Congress. . . . . . . . . . 25 4. Cornpensation of Merm bers. . . . . . . . . . . . . . . . . . . . . . 34 5. Officers and persons in the enploy of the Sen- ate and House of Fepresentatives. . . . . . . . . . . . 58 Chap. - Sec. 6. The Library of Congress. . . . . . . . . . . . . e e º e º 'º e º º e 118 7. Congressional investigations. . . . . . . . . . . . . . . . . . . . 155 8. Contested elections. . . . . . . . . . . . . . . . . . . . ... g º e º º e º e tº 161 8a. Contributions for purpose of influencing elec- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Chapter One—Election of Senators Sec. 14a. Time for election of Senators. 14b. [Expired.] (R. S. §§ 14–19. Superseded.) This chapter of Title 2 of the Revised Statutes included Sections 14-19 thereof, providing for election of Senators by the legislatures of the several states, in accordance With the ConSt. Art. I, § 3, cl. 1. They were superseded by the amendment to the Constitution providing that Sen- ators shall be elected by the people of the several states, Const. Amend. XVII. § 14a. Time for election of Senators—At the regular election held in any State next preceding the expiration. Of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from Said State shall be elected by the people thereof for the term commencing on the fourth day of March next thereafter. (June 4, 1914, c. 103, § 1, 38 Stat. 384.) § 14b. [Expired.] Act June 4, 1914, c. 103, § 2, 38 Stat. 384, relating to mode of election of United States Senators. Expired by limita- tion June 4, 1917 (Act June 4, 1914, c. 103, § 3, 38 Stat. 384). Chapter Two—Apportionment and Election of Representatives 15. Number and apportionment of Representatives. 16. Representatives from Arizona and New Mexico. 17, Election by districts. 18. Additional Representatives at large. 19. Nominations for Representatives at large. 20. Reduction of representation. 21. Time of election. 22. Time of election not applicable to certain States. 23. Vacancies. - 24. Voting for Representatives. (R. S. $ 20. Superseded.) This section prescribed the number and apportionment of Representatives, which were changed by subsequent ap- portionments, the last of which was made by Act Aug. 8, 1911, c. 5, § 1, post, § 15. § 15. Number and apportionment of Repre- sentatives—After the third day of March, nineteen hundred and thirteen, the House Of Representatives shall be composed of four hundred and thirty-three Members, to be apportioned among the several States as follows: Alabama, ten. Arkansas, Seven. California, eleven. Colorado, four. Connecticut, five. Delaware, One. Florida, four. Georgia, tWelve. Idaho, tWO. Illinois, twenty-Seven. Indiana, thirteen. IOWa, eleVen. Kansas, eight. Kentucky, eleven. LOuisiana, eight. Maine, four. Maryland, six. Massachusetts, sixteen. Michigan, thirteen. Minnesota, ten. Mississippi, eight. Nebraska, six. Nevada, One. New Hampshire, two. New Jersey, twelve. New York, forty-three. North Carolina, ten. North Dakota, three. Ohio, twenty-two. Oklahoma, eight. Oregon, three. Pennsylvania, thirty-six. Rhode Island, three. South Carolina, seven. South Dakota, three. Tennessee, ten. Texas, eighteen. |Utah, two Vermont, two. Virginia, ten. Washington, five. West Virginia, six. Missouri, Sixteen. Wisconsin, eleven. MOntana, tWO. Wyoming, One. (Aug. 8, 1911, c. 5, § 1, 37 Stat. 13.) Ch. 3) 3 30 THE CONGRESS [Page 191 § 16. Representatives from Arizona and New Mexico–If the Territories of Arizona and New Mex- ico shall become States in the Union before the ap- portionment of Representatives under the next de- cennial census they shall have one Representative each, and if one of such Territories shall SO become a State, such State shall have one Representative, which Representative or Representatives shall be in addition to the number four hundred and thirty- three, as provided in section one of this Act, and all laws and parts of laws in conflict with this section are to that extent hereby repealed. (Aug. 8, 1911, C. 5, § 2, 37 Stat. 14.) - § 17. Election by districts—In each State enti- tled under this apportionment to more than One Rep- resentative, the Representatives to the Sixty-third and each subsequent Congress shall be elected by dis- tricts composed of a contiguous and Compact terri- tory, and containing as nearly as practicable an equal number of inhabitants. The said districts shall be equal to the number of Representatives to which Such State may be entitled in Congress, no district elect- ing more than one Representative. (Aug. 8, 1911, C. 5, § 3, 37 Stat. 14.) § 18. Additional Representatives at large— In Case of an increase in the number of Representa- tives in any State under this apportionment such ad- ditional Representative or Representatives shall be elected by the State at large and the other Repre- Sentatives by the districts now prescribed by law un- til such State shall be redistricted in the manner pro- Vided by the laws thereof and in accordance with the rules enumerated in section three of this Act; and if there be no change in the number of Representatives from a State, the Representatives thereof shall be elected from the districts now prescribed by law un- til Sućh State shall be redistricted as herein pre- Scribed. (Aug. 8, 1911, c. 5, § 4, 37 Stat. 14.) § 19. Nominations for Representatives at large–Candidates for Representative Or Representa- tives to be elected at large in any State shall be nom- inated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. (Aug. 8, 1911, c. 5, § 5, 37 Stat. 15.) (R. S. § 21. Superseded.) This section provided for additional Representatives from new States admitted. It was superseded by subsequent apportionment acts. See Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and Section 2 of that act, ante, § 16. $ 20. Reduction of representation—Should any State deny Or a bridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitu- tion, article fourteen, section two, except for partic- ipation in the rebellion or other crime, the number of representatives apportioned to such State shall be re- duced in the proportion which the number of such male Citizens shall have to the whole number of male Citizens twenty-one years of age in such State. (R. S. § 22.) (R. S. § 23. Superseded.) This section provided for election of Representatives by districts in each State. It was superseded by subsequent apportionment, acts. See Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and Sections 3, 4, of that act, ante, §§ 17, 18. (R. S. § 24. Repealed.) This section incorporated Act March 3, 1873, c. 239, 17 Stat. 578, fixing the time for the election in the year 1874 of Representatives from the State of California, to the Forty-Fourth Congress. That act was repealed by Act May 21, 1874, c. 187, 18 Stat. 48, which, though passed be- fore the enactment of the Revised Statutes, took effect, by Virtue of R. S. § 5601, post, § 10598, as a subsequent stat- ute, repealing any portion of the revision inconsistent there with. º - § 21. Time of election—The Tuesday next after the first Monday in November, in the year eighteen hundred and Seventy-Six, is established as the day, in each Of the States and Territories Of the United States, for the election of Representatives and Dele- gates to the Forty-fifth Congress; and the Tuesday next after the first Monday in November, in every Sec- ond year thereafter, is established as the day for the election, in each of said States and Territories, Of Representatives and Delegates to the COngreSS COIm- mencing on the fourth day of March next thereafter. (R. S. § 25.) - § 22. Time of election not applicable to cer- tain states—Section twenty-five Of the Revised Stat- utes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet Changed its day of election, and whose constitution must be amended in Order to effect a change in the day Of the election of State officers in said State. (March 3, 1875, c. 130, § 6, 18 Stat. 400.) § 23. Vacancies—The time for holding elections in any State, District, or Territory for a Representa- tive Or Delegate to fill a vacancy, whether such vacan- Cy is caused by a failure to elect at the time pre- Scribed by law, or by the death, resignation, or in- Capacity of a person elected, may be prescribed by the laws Of the Several States and Territories re- spectively. (R. S. § 26.) § 24. Voting for Representatives—All votes for Representatives in Congress must be by Written Or printed ballot, or Voting machine the use of Which has been duly authorized by the State law ; and all votes received or recorded contrary to this sec- tion shall be Of no effect. (R. S. § 27, amended, Feb. 14, 1899, c. 154, 30 Stat. 836.) Chapter Three—Organization of Meet- ings of Congress 25. Oath of Senators. 26. Oath of President of Senate. 27. Presiding officer may administer oaths. 28. Secretary of Senate or Chief Clerk may administer oaths. 29. Oath of Speaker, members, and delegates. 30. Foll of Representatives-elect. 31. Roll made by Sergeant-at-Arms. 32. Roll made by Door-keeper. 33. Change of place of meeting. § 25. Oath of Senators—The Oath of Office shall be administered by the President Of the Senate to each Senator who shall hereafter be elected, previous to his taking his seat. (R. S. § 28.) § 26. Oath of President of Senate—When a President of the Senate has not taken the oath of office, it shall be administered to him by any mem- ber of the Senate. (R. S. § 29.) § 27. Presiding officer may administer oaths— The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be re- quired by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdic- tion of the Senate. (April 18, 1876, c. 66, § 1, 19 Stat. 34.) § 28. Secretary of Senate or Chief Clerk may administer oaths—The Secretary Of the Senate, and the Chief Clerk thereof, shall, respectively, have pow- er to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. (April 18, 1876, c. 66, § 2, 19 Stat. 34.) § 29. Oath of Speaker, members, and dele- gates–At the first session of Congress after every general election of itepresentatives, the oath of Office Shall be administered by any members. Of the HOUSe of Representatives to the Speaker; and by the Speak- er to all the members and delegates present, and to the Clerk, previous to entering on any other business; and to the members and delegates Who after Ward ap- pear, previous to their taking their seats. (R. S. § 30.) § 30. Roll of Represerºtatives-elect—Before the first meeting of each Congress the Clerk Of the next ? 31 (Tit. 2 THE CONGRESS preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names Of those persons, and of such persons only, whose Credentials show that they were regularly elect- ed in a CCOrdance with the laws Of their States re- Spectively, or the laws of the United States. § 31.) - . § 31. Of a Vacancy in the Office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law Or Custom relative to the preparation Of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives. $ 32.) - § 32. Roll made by Door-keeper—In case Of vacancies in the offices of both the Clerk and the Ser- geant-at-Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the prepara- tion of the roll of the House of Representatives or the Organization of the House shall be performed by the DOOr-keeper of the next preceding House of Rep- resentatives. (R. S. § 33.) § 33. Change of place of meeting—Whenever Congress is about to convene, and from the prevalence Of contagious sickness, or the existence of other cir- Cumstances, it would, in the Opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at Such Other place as he may judge proper. (R. S. § 34.) - S Chapter Four—Compensation of Mem- . Sec. bers - [Superseded.]. . . 35. Pay and mileage of members. 36. Compensation of Vice-President, members of Congress, and Cabinet Officers. • 37. Compensation of President of Senate. 38. [Superseded.] 39. Senators’ salaries payable monthly. 40. Representatives’ salaries payable monthly. 41. Salary payable monthly after taking oath. 42. Deductions for absence. 43. Deductions for withdrawal. 44. Deductions for books. 45. Newspapers. 46. POStage. 47. Salary in lieu of allowances. 48. Mode of payment. 49. Certificate of salary and accounts. 50. Effect of certificate. 51. Certificate of salary during recess. 52. Substitute to sign certificates for Salary and accounts. 53. Pay of member dying after commencement of Congress. 54. Limits of rule. 55. Monuments to deceased Senators or members. 56. Pay of members elected to fill vacancies. 57. Salaries of Senators elected to fill Vacancies. 57a. Salaries of Representatives, elected for unexpired terms. § 34. [Superseded.] R. S. § 35, fixing salaries of Senators, etc. by § 36. § 35. Pay and mileage of members—The com- pensation of each Senator, Representative, and Dele- gate in Congress shall be five thousand dollars per annum, to be computed from the first day Of the present Congress, and in addition thereto mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session ; but nothing herein contained shall affect mileage accounts al- ready accrued under existing laws: Provided, That Superseded hereafter mileage a CCOuntS Of Senators Shall be Cer- tified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives: And provided further, That the pay of the Speaker shall be eight thousand dollars per annum. (July 28, 1866, c. 296, § 17, 14 Stat. 323.) - Superseded as to pay by § 36. (R. S. Roll made by Sergeant-at-Arms—In case (R. S. [Page 20I § 36. Compensation of Vice-President, mem- bers of Congress, and Cabinet officers—On and aft- er March fourth, nineteen hundred and Seven, the COm- pensation of the Speaker of the House of Representa- tives, the Vice-President of the United States and the heads of Executive Departments who are mem- bers of the President's Cabinet shall be at the rate of twelve thousand dollars per annum each, and the compensation of Senators, Representatives in Con- gress, Delegates from Territories, and Resident Com- missioner from POrto Rico Shall be at the rate Of seven thousand five hundred dollars per annum each. (Feb. 26, 1907, c. 1635, § 4, 34 Stat. 993.) Compensation of Secretary of State, see §§ 285-287, 297; Resident Commissioners from Porto Rico and Philippine Islands, see §§ 3796, 3817. - § 37. Compensation of President of Senate— Whenever there is no Vice-President, the President of the Senate for the time being is entitled to the com- pensation provided by law for the Vice-President. (R. S. § 36.) § 38. [Superseded.] R. S. § 37, salary of Speaker of House. Suſperseded by 36. s'à. Senators’ salaries payable monthly— Senators elected, whose term of office begins on the fourth day of March, and whose credentials in due form of law shall have been presented in the Senate, but Who have had no Opportunity to be qualified, may receive their compensation monthly, from the begin- ming of their term, until there shall be a session of the Senate. (March 3, 1883, c. 143, 22 Stat. 632.) $ 40. Representatives’ salaries payable month- ly—Representatives and Delegates elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section thirty- One, may receive their compensation monthly, from the beginning Of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker. (R. S. § 38, amended, March 3, 1875, c. 130, § 1, 18 Stat. 389.) § 41. Salary payable Imonthly after taking oath—Each member and delegate, after he has taken and Subscribed the required Oath, is entitled to receive his salary at the end of each month. (R. S. § 39.) § 42. Deductions for absence—The Secretary of the Senate and Sergeant-at-Arms of the House, re- Spectively, Shall deduct from the monthly payments of each member or delegate the amount of his salary for each day that he has been absent from the Senate Or HOuse, respectively, unless Such member Or delegate assigns as the reason for such absence the sickness of himself or of some member of his family. (R. S. $ 40.) § 43. Deductions for withdrawal—When any member or delegate withdraws from his seat and does not return before the adjournment Of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his traveling expenses in returning home; and Such Sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. (R. S. § 41.) § 44. Deductions for books—When any book is Ordered to and received by any member or delegate, by a resolution. Of either or both Houses of Congress, the price paid for the same shall be deducted from the compensation of Such member or delegate; except books ordered to be printed by the Congressional Printer during the Congress for which the member or delegate was elected. (R. S. § 42.) § 45. Newspapers–No member or delegate is en- titled to any allowance for newspapers. (R. S. § 43.) § 46. Postage—No compensation or allowance shall now or hereafter be made to Senators, Repre- Ch. 5) ź 57a THE CONGRESS [Page 21] sentatives, or Delegates on account of postage. (R. S. 44. • - § '*'. privileges, see Title XLVI, c. 4. § 47. Salary in lieu of allowances—The COm- pensation of Senators, Representatives, and Delegates, as prescribed in section thirty-five, shall be in lieu of all pay and allowance, except actual individual travel- ing expenses from their homes to the seat of govern- ment and return, by the most direct route of usual travel, Once for each session Of the House to Which §uch Senator, Representative, Or Delegate belongs, to be certified under his hand to the disbursing Officer and filed as a voucher. (R. S. § 45.) - See §§ 35, 36. § 48. Mode of payment—The compensation of members and delegates shall be passed as public a C- Counts, and paid out of the public Treasury. (R. S. § 46.) § 49. Certificate of salary and accounts—The salary and accounts for traveling expenses in going to and returning from COngress Of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House Of Representatives. (R. S. § 47.) § 50. Effect of certificate—The certificate given pursuant to the preceding section shall be conclusive upon all the Departments and Officers Of the GOvern- ment. (R. S. § 48.) s - § 51. Certificate of salary during recess—The Clerk of the House Of Representatives is authorized and directed to Sign, during the receSS Of CongreSS after the first Session and until the first day Of the Second Session, the Certificates for the monthly Com- pensation of members and delegates in Congress, Which Certificate shall be in the form now in use, and Shall have the like force and effect as is given to the certificate of the Speaker. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 145.) § 52. Substitute to sign certificates for salary and accounts—The Speaker is authorized to desig- nate from time to time Some One from among those appointed by him and appropriated for and employed in his Office, whose duty it shall be under the direc- tion of the Speaker to sign in his name and for him all certificates required by section forty-seven Of the Revised Statutes for salary and accounts for travel- ing expenses in going to and returning from Con- gress of Representatives and Delegates. (Nov. 12, 1903, No. 1, 33 Stat. 1.) § 53. Pay of member dying after commence- ment of Congress—When any person who has been elected a member of Or delegate in Congress dies after the COImmencement of the Congress to which he has been elected, his salary shall be computed and paid to his widow, Or, if no widow Survive him, to his heirs at law, for the period that has elapsed from the COmmencement Of Such Congress, Or from the last payment received by him to the time of his death, at the rate of seven thousand five hundred dollars a year, with any traveling, expenses remaining due for actually going to or returning from any Session of Congress. (R. S. § 49.) § 54. Limits of rule—Salaries allowed under the preceding section shall be computed and paid, in all Cases, for a period of not less than three months from the commencement of the Congress. (R. S. § 50.) § 55. Monuments to deceased Senators or members—Hereafter whenever any deceased Senator Or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so- Called, it shall be the duty of the Sergeant-at-Arms of the Senate, in the case of a Senator, and of the Ser- geant-at-Arms of the House of Representatives, in the case of a member of the House, to have a monu- ment erected, of granite, with suitable inscriptions, and the cost Of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to which- ever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the Subject Of monu- ments in the Congressional Cemetery are hereby re- pealed. (May 23, 1876, c. 103, 19 Stat. 54.) - § 56. Pay of members elected to fill vacancies —Whenever a vacancy occurs in either House of Con- gress, by death or otherwise, Of any member Or dele- gate elected or appointed thereto after the commence- ment of the Congress to which he has been elected Or appointed, the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased. (R. S. § 51.) - § 57. Salaries of Senators elected to fill va- cancies—The salaries of Senators elected Or appoint- ed to fill vacancies in the Senate and Of Senators elected for a full term subsequent to the commence- ment of such term, shall commence on the date Of their election or appointment. (July 31, 1894, C. 174, § 1, 28 Stat. 162.) - § 57a. Salaries of Representatives, elected for unexpired terms—The salaries of Representa- tives in Congress, Delegates from Territories, and Resident Commissioners, elected for unexpired terms, shall commence on the date of their election and not before. (July 16, 1914, c. 141, § 1, 38 Stat. 458.) Chapter Five—Officers and Persons in the Employ of the Senate and House of Representatives 58. Officers and employés of Senate. - - 59. Officers and employés of House of Representatives. 60. Cºation of Sergeant-at-Arms and Door-keeper of €Ila, Ue. 61. Compensation of Sergeant-at-Arms of House of Repre- Sentatives. - 62. Limit of compensation of officers and employés of Senate. 63. Subletting duties of employés. . 64. Performance of duties by employés of House. 65. Division of salaries of employés of House. 66. Subletting of duties of employés of House. 67. Limit of age of pages in House. - 68. Certificates to pay rolls of employés in House. 69. Violation of foregoing provisions; removal from office. 70. Inquiry by Committee on Accounts of House. # 71. Compensation of committee clerks with salaries not fixed - by appropriations. - 72. Time of beginning of compensation of clerks to commit- tees of House. 73. Janitors to committees of House. 74. Clerks to Senators. - 75. Clerks to Members and Delegates of House. 76. Clerks to Members of House. 77. Reporters for House. 78. Pay of official reporters. 79. Chaplains’ salaries. 80. Secretary of Senate a disbursing officer. 81. Bond of Secretary of Senate. 82. Bond Of Clerk Of House. 83. Custody of bonds. - 84. Reports of Secretary and Clerk. 85. What to exhibit. 86. Reports of subordinate disbursing officers. 87. Reports of expenditures. 88. Statements of appropriations and offices. - 89. Preparation and contents of statement of appropriations. 90. Contents of statement of appropriations. 91. Advertisements for stationery. 92. Form of advertisement. • 93. Notice of acceptance of proposals. 94. Contracts for separate parts of stationery. 95. American goods to be preferred. 96. Detailed reports of receipts and expenditures. 97. Fees for copies from journals. 98. Duties of Sergeant-at-Arms of House. 99. Symbol of office of Sergeant-at-Arms. 100. Disbursement of compensation of members and delegates, 101. Bond of Sergeant-at-Arms of House. 102. Custody of bond of Sergeant-at-Arms. 103. Tenure of office of Sergeant-at-Arms. 104. Statement of disbursements by Sergeant-at-Arms. 105. Accounts of property. 106. Door-keepers’ duties. - 107. Purchases of stationery and materials for folding. 108. Payments from contingent fund of Senate for expenses of committees. - 109. Payments from contingent funds of Senate and House. 109a. Senate resolutions for payment from contingent fund for clerical and messenger service. 109b. Payment from moneys of House of certain bills. 110. Approval of payments from contingent fund of House. ź 58. (Tit. 2 THE CONGRESS IPage 22] 111. Payments from contingent fund of House conclusive, when. 112. Publication of laws. 113. Contracts for horses for service of House. 114. Contracts for horses and mail Wagons for House. 115. Contracts for packing boxes for House. 116. Sale of Waste paper. - 117. Actions against Officers for official acts. § 58. Officers and employés of Senate—The fol- lowing perSons are employed in the service of the Senate: - One Secretary of the Senate, * * One Sergeant-at-Arms and Door-keeper, * * One Postmaster to the Senate, * * One Chaplain to the Senate, * * (R. S. § 52.) For enumeration of officers and employés of Senate, and their compensation, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1070. § 59. Officers and employés of House of Repre- sentatives—The following persons are employed in the service of the House of Representatives: One Clerk of the House, * * One Sergeant-at-Arms, * * , One Doorkeeper, * * One Postmaster to the House, * * One Chaplain to the House, * * (R. S. § 53.) For enumeration of officers and employés of House of Representatives, and their compensation, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1073. § 60. Compensation of Sergeant-at-Arms and Door-keeper of Senate—Senate * * Sergeant- at-Arms and Door-keeper, * * Hereafter he shall receive, directly or indirectly, no fees or Other Com- pensation or emolument whatever for performing the duties of the office, or in connection therewith, other- wise than as aforesaid. (June 20, 1874, c. 328, § 1, 18 Stat. 85.) - § 61. Compensation of Sergeant-at-Arms of House of Representatives—House of Representa- tives * * Sergeant-at-Arms, * * Hereafter he shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties Of the Office, Or in connection therewith, Otherwise than as aforesaid. (June 20, 1874, C. 328, § 1, 18 Stat. 87.) § 62. Limit of compensation of officers and employés of Semate—Hereafter luo officer or em- ployee of the Senate shall receive pay for any services performed by him at any rate higher than that pro- vided for the office or employment to which he has been regularly appointed. (Aug. 5, 1882, C. 390, § 1, 22 Stat. 270.) § 63. Subletting duties of employés—Hereafter no employee of Congress, either in the Senate or House, shall sublet to, Or hire, another to do Or per- form any part of the duties or work attached to the position to which he was appointed. (March 2, 1895, c. 177, § 1, 28 Stat. 771.) * § 64. Performance of duties by employés of House—Hereafter employees of the House of Repre- sentatives under the Clerk, Sergeant-at-Arms, Door- keeper, and Postmaster shall only be assigned to and engaged upon the duties of the positions to which they are appointed and for which compensation is pro- vided, except that in Cases Of emergency Or COngestion of public business, incident to the close of a session Of CongreSS Or other like CauSe an employee Or em- ployees may be assigned Or required to aid in the discharge Of the duties of any Other employee Or em- ployees, and in the discretion of the Doorkeeper not more than. One folder may, if necessary, be assigned to do clerical work under the direction. Of the foreman Of the folding room, but all assignments made here- under Shall be without additional COmpensation and Shall not GOnstitute the basis Of a Claim therefor. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) § 65. Bivision of salaries of employés of House—It shall not be lawful to appoint or employ in any position under the House of Representatives more than One perSOn at any One time, Or to require Or permit any such person to divide with another any portion of his salary or compensation While SO em- ployed. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) § 66. Subletting of duties of employés of House of Representatives forbidden—It shall not be lawful to require or permit any person in the em- ploy of the House of Representatives to Sublet. to an- other the discharge of any portion of the duties of the position to which he is appointed. (March 3, 1901, C. 830, § 1, 31 Stat. 968.) § 67. Limit of age of pages in House—No per- son shall be appointed or employed as a page in the service of the House of Representatives who is under twelve years or more than eighteen years of age; but this provision shall not apply to chief pages, riding pages, and telephone pages. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) - * § 68. Certificates to pay rolls of employés in House—The Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall make certificate each month to their respective pay rolls, stating whether the persons nam- ed in such pay rolls and employed in their respective departments have been actually present at their re- spective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each Case where a perSOn Car- ried on such pay roll has been absent and has not performed the Services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of Services shall be stated. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) x § 69. Violation of foregoing provisions; re- Imoval froxmi office—The violation of any of the fore- going provisions of law shall, upon ascertainment thereof, be deemed to be cause for removal from of— fice. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) § 70. Inquiry by Committee on Accounts of House—It shall besthe duty of the Committee on AC- COUInts Of the HOuse Of Representatives from time to time to inquire into the enforcement or violation of any of the foregoing provisions of law ; and for this purpose they are hereby authorized to send for per- SOnS and papers, and to administer Oaths; and they shall report to the House at least Once every session their compliance With the duty herein imposed. (March 3, 1901, c. 830, § 1, 31 Stat. 968.) - § 71. Compensation of committee clerks with salaries not fixed by appropriations—Hereafter clerks of committees of either branch of Congress. (ex- Cept those whose salaries are fixed by Specific ap- propriations,) shall be paid not more than six dol- lars per day, and during the session only. (March 3, 1875, c. 129, § 1, 18 Stat. 345.) § 72. Time of beginning of compensation of clerks to committees of House—The pay of the Clerks to committees of the House of Representatives which have been Or may be hereafter authorized by the House, who are paid during the session Only shall begin from the time such clerks entered upon the discharge of their duties, which shall be ascer- tained and evidenced by the Certificate of the chair- man of the several committees employing clerks for the session only. (June 28, 1886, No. 15, 24 Stat. 342.) § 73. Janitors to committees of House—Jani- tors under the foregoing shall be appointed by the chairmen, respectively, Of said Committees, and shall perform under the direction of the Doorkeeper all Of the duties heretofore required Of messengers detail- ed to said committees by the DOOrkeeper, and shall be subject to removal by the DOOrkeeper at any time after the termination Of the CongreSS during which they were appointed. (March 3, 1917, C. 163, § 1, 39 Stat. 1075.) . This provision is repeated in annual legislative, execu- tive, and judicial appropriation acts. § 74. Clerks to Senators—Hereafter Senators elected, whose term of Office begins On the fourth day of March, and whose credentials in due form Of law shall have been presented to the Senate, Or filed With the Secretary, but who have not been qualified, Ch. 5) 3 86 THE CONGRESS [Page 23] are authorized to appoint a clerk to serve from the date of the commencement of their terms, respective- ly, Whose Compensation shall be paid out of the ap- propriation for clerks to Senators who are not chair- men. Of committees. (March 2, 1895, c. 177, § 1, 28 Stat. 766.) Appropriation for clerks to senators and committees, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1070, 1073. § 75. Clerks to Members and Delegates of House—On and after April first, eighteen hundred and ninety-three, each Member and Delegate of the House of Representatives of the United States may, on the first day of every month during sessions of Con- greSS Certify to the Clerk of the House of Rep- resentatives the amount which he has paid or agreed to pay for clerk hire necessarily employed by him in the discharge of his official and representative duties during the previous month, and the amount so cer- tified Shall be paid by the Clerk out of the contingent fund Of the House on the fourth day of each month to the person or persons named in each of said cer- tificates so filed: Provided, That the amount so cer- tified and paid for clerical services rendered to each Member and Delegate shall not exceed one hundred dollars for any month during the session: And pro- Vided further, That the provisions of this resolution Shall not apply to members who are chairmen of COmmittees entitled under the rules to a clerk. (March 3, 1893, No. 21, 27 Stat. 757.) $ 76. Clerks to members of House—Hereafter Members of the House of Representatives who are Chairmen of committees entitled to annual clerks Shall be entitled to the same allowance for clerk hire aS is authorized to other Members of the House of Representatives who are not chairmen of committees by the Joint Resolution approved March third, eight- een hundred and ninety-three, and by House Resolu- tion passed May eighth, eighteen hundred and ninety- Six ; and the appropriation for clerk hire to Mem- bers and Delegates made in the legislative, executive, and judicial appropriation Act for the fiscal year eighteen hundred and ninety-nine is hereby made available to pay such clerk-hire as herein provided: Provided, That this provision shall apply to members Of COmmittees entitled to annual clerks, during the Vacation of Congress only. (July 7, 1898, c. 571, § 1, 30 Stat. 687.) - Appropriations for clerks for members of House and committees, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1074, 1076. § 77. Reporters for House—No person shall be employed as a reporter for the House of Representa- tives without the approval of the Speaker. (R. S. § 54.) - § 78. Pay of official reporters—Hereafter the pay Of the Official reporters of the proceedings and debates of each House shall be fifty thousand dollars for each Congress; and the pay of official reporters Of COmmittees of the House shall be five thousand dollars each per annum, and this shall be in lieu of all Other Compensation for such services in report- ing the proceedings of each and all of said committees. (June 22, 1874, c. 388, § 1, 18 Stat. 145.) Appropriation for pay of official reporters, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1076. § 79. Chaplains’ salaries—The salaries Of the Chaplains of the two Houses of Congress are payable as follows: One-twelfth thereof on the last day of each month during each regular session of Congress, and the residue at the end of each regular Session. (R. S. § 55.) . § 80. Secretary of Senate a disbursing officer —The moneys which may be appropriated for the Compensation of members and officers, and for the contingent expenses of the Senate, shall be paid at the Treasury, on requisitions drawn by the Secretary Of the Senate, and shall be kept, disbursed, and ac- Counted for by him a CCOrding to law, and the Secre- tary shall be deemed a disbursing officer. (R. S. § 56.) . - - $ 81. Bond of Secretary of Senate—The Secre- tary of the Senate shall, within thirty days after entering upon the duties of his Office, and before mak- ing any requisition upon the Treasury to draw any portion Of the moneys appropriated for the compen- Sation Of members and officers or the contingent ex- penSes Of the Senate, give a bond to the United States, with one or more sureties, to be approved by the First Comptroller of the Treasury, in the penal Sum of twenty thousand dollars, with condition for the faithful application and disbursement of such funds as may be drawn by him from the Treasury as disbursing officer of the Senate. (R. S. § 57.) $ 82. Bond of Clerk of House—The Clerk of the House of Representatives shall, within thirty days after entering upon the duties of his office, and before making any requisition upon the Treasury to Čira W any portion of the moneys appropriated for the Contingent expenses of the House, give a bond to the United States, with One or more sureties, to be approved by the First Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with COndition for the faithful application and disburse- ment Of Such portions of the contingent fund of the House as shall come into his hands. (R. S. § 58.) $ 83. Custody of bonds—The bonds given pursu- ant to the two preceding sections shall be deposited in the Office of the First Comptroller of the Treasury. (R. S. $ 59.) § 84. Reports of Secretary and Clerk—The Secretary of the Senate and the Clerk of the House Of Representatives shall prepare and Submit to the tWO Houses, respectively, at the commencement of each Session. Of Congress, the following statements in writing: - First. A statement showing the names of all the Clerks and Other persons who have been, during the preceding year or any part thereof, employed in their respective Offices, and those of the messengers Of the respective Houses; together with the time that each clerk or other person and each messenger WaS actually employed, and the sums paid to each. This Statement must also show whether Such Clerks Or Other persons, Or such messengers, have been use- fully employed; whether the services of any of them Can be dispensed with without detriment to the pub- lic Service, and whether the removal of any particu- lar persons, and the appointment of others in their stead, is required for the better dispatch of business. Second. A detailed statement, by items, of the man- ner in which the Contingent fund for each House has been expended during the preceding year. This Statement must give the names Of every perSOIn to whom any portion of the fund has been paid ; and if for anything furnished, the quantity and price; and if for any services rendered, the nature of such Serv- ice, and the time employed, and the particular OC- CaSiOn Or Cause, in brief, that rendered such service necessary, and the amount of all former appropria- tions in each Case On hand, either in the Treasury Or in the hands of any disbursing Officer Or agent. (R. S. § 60.) - $ 85. What to exhibit—Each of the Statements required by the preceding section shall exhibit, also, the several Sums drawn by the Secretary and Clerk, respectively, from the Treasury, and the balances, if any, remaining in their hands. (R. S. § 61.) $ 86. Reports of subordinate disbursing offi- cers—The Secretary of the Senate and the Clerk of the House of Representatives shall each require of the disbursing officers acting under their direction or authority, the return of precise and analytical state- ments and receipts for all the moneys which may have been from time to time, during the next preceding year, expended by them ; and the results of such re- turns and the Sums total shall be communicated an- nually to Congress, by the Secretary and Clerk, re. Spectively. (R. S. § 62.) - 3 87 (Tit. 2 THE CONGRESS IPage 24] § 87. Reports of expenditures—All expendi- tures of the Senate and House of Representatives Shall be made up to the end Of each fiscal year, and Shall be reported to COngreSS at the COmmencement Of each regular session. (R. S. § 63.) o § 88. Statements of appropriations and offi- ces—The Secretary Of the Senate and the Clerk Of the House of Representatives shall, as soon as may be after the close Of each SeSSiOn Of COngreSS, prepare and publish a statement Of all appropriations made during the Session, a Statement Of the new Offices Cre- ated and the Salaries attached to each, and a State- ment Of the Offices the Salaries attached to which are increased and the amount Of Such increase. (R. S. § 64.) § 89. Preparation and contents of statement of appropriations—Hereafter the statement of all appropriations made during each Session. Of COn- gress, including new Offices Created and the Salaries of each and salaries of the offices which are increased and the almounts Of Such increase authorized by the act of July fourth, eighteen hundred and thirty-six, shall be prepared under the direction of the Com- mittees On Appropriations of the Senate and House Of Representatives, and Said Statement Shall here- after Show also the Offices the Salaries of which are reduced Or Omitted, and the amount Of Such reduc- tion, and shall also COntain a Chronological history of the regular appropriation bills passed during the seS- sion for which it is prepared. (Oct. 19, 1888, c. 1210, § 1, 25 Stat. 587.) - § 90. Contents of statement of appropria- tions—Statement of appropriations: * * * And said statements shall hereafter indicate the amount Of Contracts authorized by appropriation acts in ad- dition to appropriations made therein, and shall also Contain specific reference to all indefinite appropria- tions made each session. (July 19, 1897, c. 9, § 1, 30 Stat. 136.) § 91. Advertisements for stationery—The Sec- retary of the Senate and Clerk of the House of Repre- Sentatives shall annually advertise, Once a week for at least four weeks, in one or more of the principal papers published in the District of Columbia, for sealed proposals for supplying the Senate and House Of Representatives, respectively, during the next ses- sion of Congress with the necessary stationery. (R. S. § 65, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 316.) § 92. Form of advertisement—The advertise- ment published under the preceding section must de- scribe the kind of stationery required, and must re- quire the proposals to be accompanied with sufficient security for their performance. (R. S. § 66.) § 93. Notice of acceptance of proposals—All such proposals shall be kept sealed until the day spe- Cified in such advertisement for opening the same, When the same shall be opened in the presence of at least two persons, and the Contract shall be given to the lowest bidder, provided he shall give satisfac- tory security to perform the same, under a forfeiture not exceeding double the contract price in case of failure; and in Case the lowest bidder shall fail to enter into such contract and give such security, Within a time to be fixed in such advertisement, then the Contract shall be given to the next lowest bidder, Who shall enter into such contract, and give such Security. And in case of failure by the person enter- ing into such contract to perform the same, he and his Sureties shall be liable for the forfeiture specified in Such contract, as liquidated damages, to be sued for in the name of the United States. (R. S. § 67, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 316.) § 94. Contracts for separate parts of station- ery—The three preceding sections shall not prevent either the Secretary or the Clerk from contracting for separate parts of the supplies of stationery re- quired to be furnished. (R. S. § 68.) $ 95. American goods to be preferred—The Secretary of the Senate and the Clerk of the House of Representatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture Of the United States, provided the articles required Can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture. (R. S. § 69.) § 96. Detailed reports of receipts and expendi- tures—The Secretary of the Senate and the Clerk Of w the House of Representatives, respectively, shall report to Congress on the first day of each regular SeSSion, and at the expiration. Of their terms Of Service, a full and Complete Statement Of all their receipts and expenditures as Such Officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the ag- gregate thereof, and exhibiting in a Clear and COn- Cise manner the exact Condition of all public moneys by them received, paid out, and remaining in their possession as such Officers. (R. S. $ 70.) § 97. Fees for copies from journals—The Secre- tary Of the Senate and the Clerk Of the HOuse Of Rep- resentatives, respectively, are entitled, for transcrib- ing and certifying extracts from the journal of the Senate or the executive journal Of the Senate When the injunction Of Secrecy has been removed, Or from the journal Of the House Of Representatives, except when Such transcripts are required by an Officer of the United States in a matter relating to the duties Of his Office, to receive from the persons for whom Such transcripts are prepared the Sum Of ten Cents for each sheet containing one hundred words. (R. S. § 71.) - § 98. Duties of Sergeant-at-Arms of House— It shall be the duty Of the Sergeant-at-Arms of the House Of Representatives to attend the House during its sittings, to maintain Order under the direction Of the Speaker, and, pending the election of a Speaker Or Speaker pro tempore, under the direction of the Clerk, execute the COmmands of the House and all processes issued by authority thereof, directed to him by the Speaker, keep the accounts for the pay and mileage of members and delegates, and pay them as provided by law. (Oct. 1, 1890, c. 1256, § 1, 26 Stat. 645.) § 99. Symbol of office of Sergeant-at-Arms— The Symbol of his Office shall be the mace, which shall be borne by him while enforcing Order On the floor. (Oct. 1, 1890, c. 1256, § 2, 26 Stat. 645.) § 100. Disbursement of compensation of Members, and Delegates—The moneys which have been, or may be, appropriated for the COmpensation and mileage of members and delegates Shall be paid at the Treasury On requisitions drawn by the Ser- geant-at-Arms Of the House Of Representatives, and shall be kept, disbursed, and accounted for by him according to law, and he shall be a disbursing officer, but he shall not be entitled to any COmpensation ad- ditional to the salary now fixed by law. (Oct. 1, 1890, c. 1256, § 3, 26 Stat. 645.) § 101. Bond of Sergeant-at-Arms of House— The Sergeant-at-Arms shall, within twenty days after entering upon the duties of his office, and before re- ceiving any portion of the moneys appropriated for the compensation of mileage of members and dele- gates, give a bond to the United States, With two Or more Sureties, to be approved by the First Comptroller Of the Treasury, in the sum of fifty thousand dol- lars, with condition for the proper discharge of the duties Of his Office, and the faithful keeping, applica- tion, and disbursement Of Such moneys as may be drawn from the Treasury and paid to him as disburs- ing officer of the United States, and shall, from time to time, renew his official bond as the First Comptrol- ler of the Treasury shall direct. No member of Con- gress shall be approved as Surety On Such b0nd. (Oct. 1, 1890, c. 1256, § 4, 26 Stat. 645.) Ch. 5) 2 111 THE CONGRESS [Page 25I - § 102. Custody of bond of Sergeant-at-Arms- The bonds given pursuant to this act shall be de- posited in the Office of the First Comptroller of the Treasury. (Oct. 1, 1890, c. 1256, § 5, 26 Stat. 646.) § 103. Tenure of office of Sergeant-at-Arms- Any person duly elected and qualified as Sergeant-at- Arms Of the House of Representatives shall COntinue in said office until his successor is chosen and quali- fied, subject however, to removal by the House of ºnative (Oct. 1, 1890, c. 1256, § 6, 26 Stat. 6. - § 104. Statement of disbursements by Ser- geant-at-Arms—The Sergeant-at-Arms of the House Of Representatives shall prepare and submit to the House of Representatives, at the commencement of each regular session of Congress, a statement in Writ- ing exhibiting the several sums drawn by him pur- Suant to the provisions of this act, the application and disbursement of the Same, and the balance, if any, remaining in his hands. (Oct. 1, 1890, c. 1256, § 7, 26 Stat. 646.) § 105. Accounts of property—The Secretary of the Senate, the Clerk of the House of Representatives, the Sergeant-at-Arms, the Postmasters of the Senate and House of Representatives, and the DOOr-keeper Of the House Of Representatives, shall, severally, make Out and return to Congress, On the first day of each regular session, and at the expiration of their re- Spective terms Of Service, a full , and COmplete a C- count of all property belonging to the United States in their possession, respectively, at the time of re- turning Such account. (R. S. § 72.) § 106. Door-keepers’ duties—The DOOr-keeperS Of the Senate and House Of Representatives shall per- form the usual services pertaining to their respective Offices during the session of Congress, and shall in the recess, under the direction of the Secretary of the Senate and Clerk of the House of Representatives, take care of the apartments occupied by the respective Houses, and provide fuel and Other accommodations for their subsequent session. (R. S. $ 73.) § 107. Purchases of stationery and materials for folding—Purchases Of Stationery and materials for folding shall be made in accordance with Sec- tions, sixty-five, sixty-six, sixty-seven, sixty-eight, and sixty-nine, of the Revised Statutes of the United States: - - Provided further, That all contracts and bonds for purchases made under the authority of this act shall be filed with the Committee to Audit and Control the Contingent Expenses of the Senate or the Committee On ACCOUnts of the House of Representatives respec- tively. (March 3, 1887, c. 392, § 1, 24 Stat. 596.) (R. S. § 74. Stricken out.) This section, relating to mileage to officers or others executing any precept or summons of either House, was stricken out, as one of the amendments made by Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 317. (R. S. § 75. Superseded.) This section provided for editing and indexing portions of the documents accompanying the annual reports of the Departments, suitable for popular distribution. It was superseded by the re-enactment, in Substance, of its pro- visions in the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 44, post, $ 7089. (R. S. $ 76. Superseded.) This section prohibited any payment from the contingent fund of either House of Congress, unless sanctioned by a specified committee of such House. It was Superseded by the re-enactment, in substance, of its provisions, in Act Oct. 2, 1888, c. 1069, § 1, post, § 109. § 108. Payments from contingent fund of Senate for expenses of committees-When any duty is imposed upon a committee of the Senate in- volving expenses which are ordered to be paid Out of the contingent fund of the Senate, upon VOuchers to be approved by the chairman of the Committee charged with such duty, the receipt of the chairman of such committee for any sum paid to him. Or his Order out of Said contingent fund by the Secretary of the Senate shall be taken and passed by the ac- counting officers of the Treasury as a full and Suf- ficient voucher; but it shall be the duty of such chair- man, as Soon as practicable, to furnish vouchers in Čietail for the disbursement of such moneys to the Secretary of the Senate, who shall file them with the accounting officers aforesaid. (March 3, 1879, c. 183, § 1, 20 Stat. 419.) § 109. Payments from contingent funds of Senate and House—Hereafter no payment shall be made from the contingent fund of the Senate unless Sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate, or from the Contingent fund of the House of Representatives un- leSS Sanctioned by the Committee on Accounts of the House of Representatives. And hereafter payments made upon vouchers approved by the aforesaid re- Spective COmmittees shall be deemed held, and taken, and are hereby declared to be conclusive upon all the departments and Officers of the Government: Pro- Vided, That no payment shall be made from said con- tingent funds as additional salary Or compensation to any officer or employé of the Senate or House of Representatives. (Oct. 2, 1888, c. 1069, § 1, 25 Stat. 546.) - § 109a. Senate resolutions for payment from contingent fund for clerical and messenger serve- ice–All Senate resolutions passed prior to July first, nineteen hundred and fourteen, authorizing the pay- ment for Clerical and messenger Services from the Contingent fund of the Senate are hereby repealed. (July 16, 1914, c. 141, § 1, 38 Stat. 456.) - § 109 b. Payment from moneys of House of cer- tain bills—Hereafter it shall be unlawful for the Clerk Of the House to pay Out of any moneys of the House of Representatives any bills for laundry, fur- niture, Supplies, or utensils used in the barber shops of the House Office Building or the House side of the Capitol. (July 16, 1914, c. 141, § 1, 38 Stat. 462.) § 110. Approval of payments from contingent fund of House—The Speaker of the House of Rep- resentatives of the Fifty-third Congress shall, before the expiration of his term of service, appoint from among the Representatives-elect to the Fifty-fourth Congress a temporary committee on accounts, of three members, which said committee on accounts shall have the same powers and perform the same duties in reference to payments made from the contingent fund of the House of Representatives Of the Fifty- fourth Congress as are now authorized by law and the rules Of the present House of Representatives ; and which said temporary COmmittee On a CCOUnts shall begin to exercise its powers immediately upon the termination of this Congress, and shall Continue to exercise and discharge said duties until after the meeting and organization of the House of Repre- sentatives of the Fifty-fourth Congress, and until the appointment of the regular committee on ac- COUntS. *- - And all payments made out of the contingent fund of the House of Representatives upon VOuchers ap- proved by said temporary committee on accounts shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the Departments and auditing officers of the Government. And hereafter the Speaker of the House Of Repre- sentatives of each subsequent CongreSS shall, before the termination of the last session of each CongreSS, appoint, from the Representatives-elect, a temporary committee on accounts of three members, With Simi- lar powers and for the same purposes. (March 2, 1895, c. 177, § 1, 28 Stat. 768.) § 111. Payments from contingent fund of House conclusive, when–Hereafter the payments made from the contingent fund Of the House Of Rep- resentatives upon vouchers approved by the Com- mittee on Accounts shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the departments and officers of the Government. (March 4, 1911, c. 240, 36 Stat. 1318.) ź 112 (Tit. 2 THE CONGRESS IPage 26I (R. S. § 77. Superseded.) This Section provided for the compilation of the Con- gressional Directory at each session of Congress under the direction” of the Joint Committee on Public, Printing. It Was Superseded by different provisions for the compilation, printing, distribution, etc., of the Directory, contained in the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 43, post, § 7088. . The printing, etc., of the Senate Manual and Digest and of the Manual of the House of Representatives were also provided for by the same section, Act Jan. 12, 1895, c. 23, § 73, par. 42, post, § 7087. (R. S. § 78. Superseded.) This section provided that, “until a contract for pub- lishing the debates of Congress is made, shall be printed by the Congressional Printer, under the direction of the Joint Committee on Public Printing,” etc. The provision was derived from Act March 3, 1873, c. 227, § 1, 17 Stat. 510, which was amended, to supply an omis- sion, by Act Jan. 22, 1874, c. 14, 18 Stat. 5. But the orig- inal provision and amendment were superseded by the provisions for the printing, distribution, and sale of the Congressional Record, and of Indexes thereto, Contained in the Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 13, 14, and § 73, pars. 45–60, post, §§ 6967, 6968, 7090. § 112. Publication of laws—After the fourth day of March, eighteen hundred and seventy-five, the publication of the laws in newspapers shall cease. (R. S. § 79, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.) § 113. Contracts for horses for service of House—In all contracts hereafter made for service for the House of Representatives involving the employment of horses, the expense of keeping such horses Shall be covered by the contract; and no money hereafter appropriated for contingent or other expenses of the House of Representatives shall be expended for stables Or forage. (March 3, 1885, C. 360, 23 Stat. 512.) - § 114. Contracts for horses and mail wagons for House—Hereafter the appropriations for hire of horses and mail wagons for carrying the mails for the House of Representatives shall be expended un- der the direction of the Postmaster of the House, under contracts to be let annually to the lowest re- Sponsible bidder therefor after due advertisement. (March 3, 1891, c. 541, § 1, 26 Stat. 914.) § 115. Contracts for packing boxes for House— Hereafter packing boxes for the use of the House of Representatives shall be procured after advertise- ment for proposals therefor, under specifications to be prepared by the Clerk of the House, and from the 10West and best bidder to furnish the Same. (March 3, 1901, c. 830, § 1, 31 Stat. 960.) § 116. Sale of waste paper—It shall be the duty of the Clerk and Doorkeeper of the House of Rep- resentatives and the Secretary and Sergeant-at-Arms of the Senate to cause to be sold all waste paper and useleSS documents and COndemned furniture that have accumulated during the fiscal year eighteen hundred and eighty-two, Or that may hereafter accumulate, in their respective departments or offices, under the direction of the Committee on Accounts of their re- spective houses and COver the proceeds thereof into the Treasury; and they shall, at the beginning of each regular Session. Of COUngreSS, report to their re- spective houses the amount of said sales. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 337.) § 117. Actions against officers for official acts —In any action now pending, Or which may be brought against any person for Or On account of anything done by him while an Officer Of either House of Con- gress in the discharge of his Official duty, in execut- ing any Order of such House, the district attorney for the district within which the action is brought, On being thereto requested by the Officer sued, shall enter an appearance in behalf of such Officer; and all provisions of the eighth section of the act of July twenty-eighth, eighteen hundred and sixty-six, entitled “An act to protect the revenue, and for Oth- er purposes,” and also all provisions of the sections of former acts therein referred to, so far as the same relate to the removal of suits, the Withholding of eX- ecutions, and the paying of judgments against reve- such debates nue or other officers of the United States, shall be- Come applicable to such action and to all proceedings and matters whatsoever connected there with, and the defense of such action shall thenceforth be con- ducted under the Supervision and direction of the Attorney General. (March 3, 1875, c. 130, § 8, 18 Stat. 401.) Chapter Six—The Library of Congress Sec. 118. Collections composing Library. 119. Departments of Library. 120. Joint Committee upon Library. 121. Joint Committee during recess of Congress. 122. Number of members of Joint Committee upon Library. 123. Incidental expenses of law library. - 124. Purchase of books for law library. 125. Regulations for Library. 126. Duplicate, injured, or wasted books. 127. Exchange of documents. 128. Appointment of Librarian. 129. Appointment of Librarian, and government of Library. 130. Librarian’s bond. - 131. Librarian’s bond. 132. [Superseded.] 133. Librarian’s report. 134. Superintendent of Library building and grounds. . Superintendent of Library building and grounds; salary. 135. Employés; fitness. 136. Disbursements by Superintendent. 137. No maps to be taken out. 138. Who may take out books. 139. Persons privileged to use Library. 140. Use of Library by Regents of Smithsonian Institution. 141. Use of Library by Interstate Commerce Commission, and Chief of Engineers. - 142. Use of Library by Justices of Courts of District of Co- Iumbia. 143. Use and regulation of law library. 144. Law library open, when. 145. Copies of Statutes at Large. 146. Copies of journals and documents. 147. Deposit of journals of Senate and House. 148. Bound volumes from files of House of Representatives. 149. Tº: to Library of books from Executive Depart- In OntS. 150. Transfer to other libraries of books. 151. Sale of Copies of card indexes and other publications. 152. Smithsonian library. 153. How kept and used. . 154. Control of library of House of Representatives. § 1 18. Collections composing Library—The Library of COngress, composed of the books, maps, and Other publications Which now remain in exist- ence, from the Collections heretofore united under the act of January twenty-six, eighteen hundred and two, chapter two ; the resolution of October twenty- one, eighteen hundred and fourteen; the act of Jan- uary thirty, eighteen hundred and fifteen, chapter twenty-Seven; the act of June twenty-five, eighteen hundred and sixty-four, Chapter One hundred and forty-seven, section one; the resolution of July twen- ty-five, eighteen hundred and sixty-six; the act of March two, eighteen hundred and sixty-seven, chap- ter One hundred and sixty-seven, section One ; and those added from time to time by purchase, exchange, donation, reservation from publications Ordered by Congress, deposit to secure copyright, and otherwise, Shall be preserved in the Capitol in the rooms which were, On the fourth day Of July, eighteen hundred and Seventy-two, appropriated to its use, and in Such Others as may hereafter be assigned thereto. (R. S. § 80.) § 119. Departments of Library—The Library Of Congress Shall be arranged in two departments, a general library and a law library. (R. S. § 81.) § 120. Joint Committee upon Library—The un- eXpended balance Of any Sums appropriated by COn- gress for the increase Of the general library, to- gether with such sums as may hereafter be appro- priated to the same purpose, shall be laid out under the direction of a joint Committee of Congress upon the Library, to COnsist Of three members Of the Senate and three members of the House of Repre- Sentatives. (R. S. $ 82.) -- § 121. Joint Committee during recess of Gon- gress—The portion of the Joint Committee of Con- gress upon the Library on the part of the Senate re- Ch. 6) # 138 THE CONGRESS [Page 27] maining in office as Senators shall during the recess of Congress exercise the powers and discharge the duties conferred by law upon the Joint Committee of Congress upon the Library. (March 3, 1883, C. 141, § 2, 22 Stat. 592.) § 122. Number of members of Joint Commit- tee upon Library—The Joint Committee Of Con- gress upon the Library, authorized by section eighty- two of the Bevised Statutes, shall hereafter consist of five members of the Senate and five members Of the House of Representatives. (Feb. 7, 1902, No. 5, 32 Stat. 735.) - § 123. Incidental . expenses of law library- The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress. (R. S. § 83.) § 124. Purchase of books for Iaw library—The Librarian shall make the purchases of books for the law library, under the direction of and pursuant to the Catalogue furnished him by the Chief Justice of the Supreme Court. (R. S. § 84.) § 125. Regulations for Library—The Joint Committee upon the Library is authorized to estab- lish regulations, not inconsistent with law, in rela- tion to the Library of Congress or either department thereof; and from time to time to alter, amend, Or repeal the same ; but such regulations as to the law library shall be Subject to those imposed by the jus- tices of the Supreme Court under section ninety-five. And until they impose new regulations or restric- tions, the Care and business Of the Library shall Con- tinue to be regulated by such rules as may blave been heretofore imposed by any lawful authority. $ 85.) See § 129 as to rules and regulations. § 126. Duplicate, injured, or wasted books— The Joint Committee upon the Library may, at any time, exchange, or otherwise dispose of duplicate, in- jured, Or Wasted books Of the Library, Or documents, Or any other matter in the Library not deemed prop- er to it, as they deem best. (R. S. $ 86.) § 127. Exchange of documents—The Joint Com- mittee upon the Library may from time to time ap- point such agents as they deem requisite, to carry in- to effect the donation and exchange of documents and Other publications placed at their disposal for the purpose. (R. S. § 87.) § 128. Appointment of Librarian—The Presi- dent, Sólely, shall appoint from time to time a Librari- §§ take charge of the Library of Congress. (R. * .) § 129. Appointment of Librarian, and gov- errament of Library—For Librarian of Congress, to be appointed by the President, by and with the ad- Vice and Consent of the Senate, [five thousand dol- lars]; and the Librarian shall make rules and regu- lations for the government of the Library of Con- gress. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 544.) Salary of librarian fixed at $6,500 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1077. § 130. Librarian’s bond—The librarian of Con- greSS Shall, before entering upon the duties of his Office, give a bond payable to the United States, * * Such bond shall be deposited in the Office of the Secretary of State. (R. S. § 89.) § 131. greSS Shall. On and after July first, eighteen hundred and ninety-seven, give bond, payable to the United States, in the sum of twenty thousand dollars, with Sureties approved by the Secretary of the Treasury, for the faithful discharge of his duties according to law. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 546.) - § 132. [Superseded.] § º S. § 90, relating to Librarian’s salary, superseded by § 133. Librarian’s report—The Librarian of Congress shall make to Congress at the beginning of each regular session, a report for the preceding fis- Cal year, as to the affairs of the Library of Congress, (R. S. Librarian’s bond—The Librarian of Con- including the Copyright business, and said report shall also include a detailed statement of all receipts and expenditures on account of the Library and Said Copyright business. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 546.) (R. S. § 91. Superseded.) This section, incorporating Act March 3, 1871, c. 136, 16 Stat. 584, authorized the Librarian to employ certain as- sistants. The increase of their pay by Act March 3, 1873, c. 226, § 1, 17 Stat. 487, was repealed by Act Jan. 20, 1874, c. 11, 18 Stat. 4. Provisions for enlarging and reorganizing the force Were made by Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 544, and by subsequent appropriation acts. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1077. - All laws relating to salaries or compensation are re- pealed, and salaries or compensation were fixed until Oth- erwise determined by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of Said act, post, § 32.28b. - Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per an- num, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. '29, 1916, c. 417, post, p. 32.30a. ar The provisions of Act Feb. 19, 1897, c. 265, ‘S 1, relating to the Register of Copyrights and his assistants, and to the Copyright Department of the Library, were Superseded by Copyright Act of March 4, 1909, c. 320, §§ 47-51, post, §§ 9568–9572. - . - § 134. Superintendent of Library building and grounds—For Superintendent Of the Library building and grounds, to be appointed by the Presi- dent, by and with the advice and consent of the Sen- ate, [five thousand dollars] ; and Said Superintendent shall disburse all appropriations made for and On account Of the Library and Library building and grounds, and shall on and after July first, eighteen hundred and ninety-seven give bond, payable to the United States in the sum of thirty thousand dollars, with Sureties approved by the Secretary of the Treas- ury, for the faithful discharge of his duties; and for the employment by Said Superintendent Of all necessary clerks, messengers, watchmen, engineers, firemen, electrician, elevator COnductOrs, mechanics, laborers, charwomen, and others for the proper cus- tody, Care, and maintenance . Of Said building and grounds. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 545.) Salary of Superintendent, see § 134a. § 134a. Superintendent of Library building and grounds; salary—Library building and grounds: Superintendent, $3,000, and the salary of the Super- intendent Of the Library building and grounds shall, from and after the passage Of this Act, be at the rate Of $3,000 per annum, and the almount appropriated for the salary of said superintendent for the balance Of the fiscal year nineteen hundred and fifteen shall be available for the payment Of Said Salary at the rate of $3,000 per annum. (March 4, 1915, c. 141, § 1, 38 Stat. 1006.) • § 135. Employés; fitness—All persons employed in and about said Library of Congress, under the Librarian or the Superintendent of the Ilibrary build- ing and grounds shall be appointed solely with ref- erence to their fitness for their particular duties. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 545.) § 136. Disbursements by Superintendent—The Superintendent Of the Library building and grounds shall hereafter disburse all appropriations made for and On account of the Botanic Garden, and shall also disburse all appropriations authorized to be expend- ed by the Joint Committee on the Library. (July 16, 1897, c. 9, § 1, 30 Stat. 136.) § 137. No maps to be taken out—No map shall º taken out of the Library by any person. (R. S. 92.) - - - § 138. Who may take out books--NO book shall be taken from the Library except by the President, & 139 (Tit. 2 THE CONGRESS [Page 281 the Vice-President, Senators, Representatives, and Delegates in Congress and the persons enumerated in section ninety-four, or otherwise authorized by law. (R. S. § 93.) § 139. Persons privileged to use Library–The Joint Committee on the Library is authorized to grant the privilege of using and drawing books from the Library, in the same manner and subject to the Same régulations as members of Congress, to any of the following persons: First. Heads Of Departments. Second. The Chief Justice and Associate Justices, the reporter, and clerk of the Supreme Court. Third. Members of the diplomatic Corps. Fourth. The judges and Clerk Of the COurt Of Claims. Fifth. The Solicitor-General, and Assistant Attor- neys-General. Sixth. The Secretary of the Senate. Seventh. The Clerk of the House of Representatives. Eighth. The Chaplains Of the two Houses Of Con- greSS. Ninth. The Solicitor of the Treasury. Tenth. The financial agent of the Joint Committee Gn the Library. Eleventh. The Smithsonian Institution, through its Secretary. . - Twelfth. Any person, when in the District of Co- lumbia, who has been President. (R. S. § 94.) § 140. Use of Library by Regents of Smith- sonian Institution—That the Joint COmmittee Of both Houses of Congress On the Library be authorized to extend the use of the books in the Library of Con- greSS to the Regents of the Smithsonian Institution resident in Washington On the same conditions and restrictions as members of Congress are allowed to use the Library. (March 3, 1875, c. 179, 18 Stat. 512.) § 141. Use of Library by Interstate Commerce Commission, and Chief of Engineers—That the Joint Committee of Congress on the Library be au- thorized to extend the use of the books in the Library Of Congress to the members and secretary of the In- terstate Commerce Commission, and the Chief of En- gineers Of the Corps of Engineers United States Army, resident in Washington, on the same conditions and re- Strictions as members of Congress are allowed to use the Library. (Aug. 28, 1890, No. 41, 26 Stat. 678.) § 142. Use of Library by Justices of Courts of District of Columbia—That the chief justice and associate justices of the court of appeals of the Dis- trict of COlumbia and the Chief justice and associate justices Of the Supreme Court of said District be au- thorized to use and take books from the Library of CongreSS in the Same manner and subject to the same regulations as Justices of the Supreme Court of the United States. (Jan. 27, 1894, No. 9, 28 Stat. 577.) § 143. Use and regulation of law library—The justices of the Supreme Court shall have free access to the law library; and they are authorized to make regulations, not in COnsistent with law, for the use Of the same during the sittings of the Court. But such regulations shall not restrict any person au- thorized to take books from the Library from having access to the law library, Or using the books therein in the Salme manner as he may be entitled to use the books of the general Library. (R. S. § 95.) § 144. Law Library open, when—Hereafter the law library shall be kept open every day so long as either House of COngress is in Session. (July 11, 1888, c. 615, § 1, 25 Stat. 262.) § 145. Copies of Statutes at Large—Ten of the copies of the Statutes at Large, published by Little, Brown & Co., which were deposited in the Library prior to February fifth, eighteen hundred and fifty- nine, shall, be retained by the Librarian for the use of the justices of the Supreme Court, during the terms of court. (R. S. § 96.) § 146. Copies of journals and documents—TWO copies of the journals and documents, and of each book printed by either House of Congress, well bound in calf, shall be deposited in the Library, and must not be taken therefrom. (R. S. § 97.) § 147. Deposit of journals of Senate and House—Twenty-five copies of the public journals of the Senate, and of the House of Representatives, shall be deposited in the Library of the United States, at the seat of Government, to be delivered to mem- bers of Congress during any session, and to all Other persons authorized by law to use the books in the Library, upon their application to the Librarian, and giving their responsible receipts for the same, in like manner as for other books. (R. S. § 98.) § 148. Bound volumes from files of House of Representatives—The Clerk Of the House Of Repre- sentatives is hereby authorized and directed to de- liver to the Librarian Of Congress all bound volumes Of Original papers, general petitions, printed matter, bOOkS, and manuscriptS now in, Or that may here- after Come into, the files of the House, which in his judgment are not required to be retained in the im- mediate custody of the file clerk; and it shall be the duty of the Librarian of Congress to cause all such matter so delivered to him to be properly classified by Congress and arranged for preservation and ready reference. All of such matter to be held as a part Of the files Of the House Of Representatives, subject to its orders and rules. (June 6, 1900, c. 791, § 1, 31 Stat. 642.) § 149. Transfer to Library of books from Ex- ecutive Departments—The head of any Executive department or bureau or any commission of the Gov- ernment is hereby authorized from time to time to turn. Over to the Librarian of Congress, for the use of the Library of Congress, any books, maps, or oth- er material in the library Of the department, bureau, or commission no longer needed for its use, and in the judgment Of the Librarian Of Congress appro- priate to the uses of the Library of Congress. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 865.) § 150. Transfer to other libraries of books—- The Librarian Of Congress may from time to time transfer to other governmental libraries within the District of Columbia, including the Public Library, books and material in the possession of the Library Of Congress in his judgment no longer necessary to its uses, but in the judgment of the custodians of Such other Collections likely to be useful to them, and may dispose Of Or destroy such material as has become useless. (March 4, 1909, c. 297, § 1, 35 Stat. 858.) § 151. Sale of copies of card indexes and other publications—The Librarian Of Congress is hereby authorized to furnish to Such institutions Or individ- uals as may desire to buy them, such COpies Of the Card indexes and other publications of the Library as may not be required for its Ordinary transactions, and Charge for the Same a price which will COver their COSt and ten per Centum added, and all moneys received by him Shall be deposited in the Treasury. (June 28, 1902, c. 1301, § 1, 32 Stat. 480.) § 152. Smithsonian library—The library collect- ed by the Smithsonian Institution under the provisions of the act Of August ten, eighteen hundred and for- ty-six, chapter twenty-five, and removed from the building Of that Institution, with the consent of the Regents thereof, to the Library of Congress, shall, while there deposited, be subject to the same regu- lations as the Library Of Congress, except as here- inafter provided. (R. S. § 99.) § 153. How kept and used—The Smithsonian Institution shall have the use thereof in like manner as before its removal, and the public shall have access thereto for purposes Of Consultation on every Ordi- nary week-day, except during One month of each year, in the recess of Congress, when it may be clos- Ch. 8) - & 165 THE CONGRESS IPage 29] ed for renovation. All the books, maps, and charts of the Smithsonian library shall be properly cared for and preserved in like manner as are those of the Congressional Library; from which the Smithsonian library shall not be removed except on re-imburse- ment by the Smithsonian Institution to the Treas- ury Of the United States of expenses incurred in binding and in taking care of the same, or upon Such terms and COnditions as shall be mutually agreed Upon by CongreSS and the Regents of the Institution. (R. S. § 100.) § 154. Control of library of House of Repre- sentatives—The library of the House of Representa- tives Shall hereafter be under the control and direc- tion of the Librarian of Congress, who shall provide all needful books of reference therefor. The librarian, tWO assistant librarians, and assistant in the library, * * shall be appointed by the Clerk of the House, With the approval of the Speaker of the House of Representatives of the Fifty-sixth Congress, and thereafter no removals shall be made from the said positions except for cause reported to and approved by the Committee on Rules. (March 3, 1901, c. 830, § 1, 31 Stat. 964.) Chapter Seven—Congressional Inves- tigations 155. Oaths to witnesses. 156. Oaths to witnesses. 157. Refusal of witness to testify. • 158. Privilege of witnesses. 159. Witnesses failing to testify. 160. Fees of witnesses in District of Columbia. § 155. Oaths to witnesses—The President of the Senate, the Speaker of the House of Representatives, or a chairman of a Committee of the Whole, or of any committee of either House of Congress, is empowered to administer oaths to witnesses in any Case under their examination. (R. S. § 101.) § 156. Oaths to witnesses—Any member of ei- ther House of Congress may administer Oaths to Wit- nesses in any matter depending in either House of Congress of which he is a member, or any Committee thereof. (June 26, 1884, c. 123, 23 Stat. 60.) § 157. Refusal of witness to testify–Every person who having been summoned as a Witness by the authority of either House of Congress, to give testimony or to produce papers upon any matter un- der inquiry before either House, or any Committee of either House of Congress, willfully makes default, Or who, having appeared, refuses to answer any question pertinent to the question under inquiry, Shall be deemed guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars nor less than One hundred dollars, and imprisonment in a COmmon jail for not less than one month nor more than twelve months. (R. S. § 102.) § 158. Privilege of witnesses—No witness is privileged to refuse to testify to any fact, or to pro- duce any paper, respecting which he shall be exam- ined by either House of Congress, or by any Committee Of either House, upon the ground that his testimony to Such fact or his production of such paper may tend to disgrace him or otherwise render him in- famous. (R. S. § 103.) § 159. Witnesses failing to testify—Whenever a witness summoned as mentioned in Section One hundred and two fails to testify, and the facts are reported to either House, the President of the Senate Or the Speaker Of the HOuse, as the Case may be, Shall certify the fact under the seal of the Senate Or House to the district attorney for the District of Columbia, whose duty it shall be to bring the mat- ter before the grand jury for their action. (R. S. § 104.) § 160. Fees of witnesses in District of Colum- Bia—Witnesses residing in the District of Columbia and not in the service of the government of said Dis- trict or of the United States, who shall be summon- ed to give testimony before any committee of the House of Representatives, shall not be allowed ex- ceeding two dollars for each day’s attendance before said committee. (May 1, 1876, c. 88, 19 Stat. 41.) Chapter Eight—Contested Elections Sec. 161. Notice of intention to contest. 162. Time for answer. 163. Time for taking testimony. 164. Computation of time for taking testimony. 165. Notice of depositions; service. 166. Testimony’ taken at several places at same time. 167. Who may issue subpoenas. * 168. Contents of subpoena. 169. When justices of the peace may act. 170. Depositions by consent. 171. Service of subpoena. 172. Witnesses need not attend out of County. 173. Penalty for failure to attend or testify. 174. Witnesses outside of district. 175. Party notified may select officer. 176. Depositions taken by party or agent. 177. Examination of witnesses. 178. Testimony, to what confined. 179. Testimony, written out and attested. 180. Production of papers. 181. Adjournments. 182. Notice attached to depositions. 183. Copy of notice and answer to accompany testimony. 184. Testimony sent to Clerk of House of Representatives; printing testimony; 185. Fees of witnesses. 186. Fees Of Officers. 187. Limitation for expenses of contest for seat in House. § 16.1. Notice of intention to contest—When- ever any person intends to contest an election of any member of the House of Representatives of the Unit- ed States, he shall, within thirty days after the re- Sult of such election shall have been determined by the Officer or board. Of Canvassers authorized by law to determine the same, give notice, in Writing, to the member whose seat he designs to contest, of his in- tention to contest the same, and, in Such notice, Shall Specify particularly the grounds upon which he re- lies in the contest. (R. S. § 105.) § 162. Time for answer—Any member upon whom the notice mentioned in the preceding Section may be served shall, within thirty days after the Service thereof, answer such notice, admitting Or briefs. denying the facts alleged therein, and stating Specific- ally any other grounds upon which he rests the validity of his election; and shall serve a copy of his answer upon the contestant. (R. S. § 106.) § 163. Tinie for taking testimony—In all Con- tested-election cases the time allowed for taking teS- timony shall be ninety days, and the testimony Shall be taken in the following Order: The COntestant Shall take testimony during the first forty days, the re- turned member during the succeeding forty days, and the contestant may take testimony in rebuttal Only during the remaining ten days of said period. (R. S. § 107.) § 164. Computation of time for taking testi- mony—Section one hundred and seven of the Revis- ed Statutes of the United States shall be construed as requiring all testimony in cases of Contested elec- tion to be taken within ninety days from the day On which the answer of the returned member is served upon the contestant. (March 2, 1875, c. 119, § 2, 18 Stat. 338.) § 165. Notice of depositions; service—The par- ty desiring to take a deposition under the provisions of this chapter shall give the Opposite party notice, in writing, of the time and place, when and where the same will be taken, of the name of the Witnesses to be examined and their places of residence, and of the name of an Officer before Whom the same Will be taken. The notice shall be personally served up- On the opposite party, Or upon any agent Or attorney authorized by him to take testimony Or Cross-examine witnesses in the matter of such contest, if, by the use of reasonable diligence, such personal Service can be made; but if, by the use of such diligence, per- 3 166 (Tit. 2 THE CONGRESS [Page 301 sonal Service Cannot be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the Opposite party sufficient time by the usual route of travel to attend, and One day for preparation, exclusive Of Sundays and the day of Service. Testimony in rebuttal may be taken On five days’ notice. (R. S. § 108.) § 166. , Testimony taken at several places at same time—Testimony in Contested-election Cases may be taken at two or more places at the same time. (R. S. § 109.) * § 167. Who may issue subpoenas—When any COn- testant or returned member is desirous of obtaining testimony respecting a Contested election, he may ap- ply for a subpoena to either of the following Officers who may reside within the congressional district in which the election to be COntested was held: First. Any judge of any Court of the United States. Second. Any Chancellor, judge, Or justice Of a Court of record of any State. - Third. Any mayor, recorder, or intendent of any town. Or City. Fourth. Any register in bankruptcy or notary pub- lic. (R. S. § 110.) § 168. Contents of subpoena—The Officer to whom the application authorized by the preceding section is made shall thereupon issue his Writ Of Sub- poena, directed to all such witnesses as shall be nam- ed to him, requiring their attendance before him, at Some time and place named in the subpoena, in Order to be examined respecting the Contested election. (R. S. § 111.) § 169. When justices of the peace may act— In Case none of the Officers mentioned in Section. One hundred and ten are residing in the Congressional district from which the election is proposed to be contested, the application thereby authorized may be made to any two justices of the peace residing within the district; and they may receive such ap- plication, and jointly proceed upon it. (R. S. § 112.) § 170. Tº epositions by consent—It shall be Com- petent for the parties, their agents Or attorneys au- thorized to act in the premises, by Consent in Writing, to take depositions without notice ; also, by Such written consent, to take depositions (whether upon or without notice) before any officer or . Officers au- thorized to take depositions in COmmon law, Or Civil actions, or in Chancery, by either the laws of the United States Or Of the State in which the same may be taken, and to Waive proof of the Official char- acter of such officer Or Officers. Any written consent given as aforesaid shall be returned with the deposi- tions. (R. S. § 113.) § 171. Service of subpoena—Each witness shall be duly served. With a subpoena, by a copy thereof delivered to him or left at his usual place of abode, at least five days before the day On which the at- tendance of the witness is required. (R. S. § 114.) § 172. Witnesses need not attend out of coun- ty—NO witness shall be required to attend an exami- nation. Out Of the COunty in which he may reside Or be served with a subpoena. (R. S. § 115.) § 173. Penalty for failure to attend or testify —Any person Who, having been Summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by Sickness or unavoid- able necessity, shall forfeit the sum of twenty dol- lars, to be recovered, with costs of suit, by the par- ty at whose instance the subpoena was issued, and for his use, by an action of debt, to any Court of the United States; and shall also be liable to an indict- ment for a misdemean Or, and punishment by fine and imprisonment. (R. S. § 116.) § 174. Witnesses outside of district—Deposi- tions of witnesses residing Outside Of the district and beyond the reach of a subpoena may be taken before any officer authorized by law to take testimony in Contested-election cases in the district in which the . witness to be examined may reside. (R. S. § 117.) § 175. Party notified may select officer—The party notified as aforesaid, his agent or attorney, may, if he see fit, select an officer (having authority to take depositions in Such cases) to Officiate, with the Officer named in the notice, in the taking Of the depositions; and if both such officers attend, the depo- sitions shall be taken before them both, sitting to- gether, and be Certified by them both. But if Only One of Such officers attend, the depositions may be taken before and certified by him alone. (R. S. § 118.) § 176. Depositions taken by party or agent— At the taking of any deposition under this chapter, either party may appear and act in person, or by agent Or attorney. (R. S. § 119.) § 177. Examination of witnesses—All witnesses Who attend in obedience to a subpoena, or who at- tend Voluntarily at the time and place appointed, Of Whose examination notice has been given, as provid- ed by this chapter, shall then and there be examined On Oath by the Officer who issued the subpoena, or, in Case Of his absence, by any other officer who is au- thorized to issue such subpoena, or by the Officer be- fore Whom the depositions are to be taken by written COnSent, Or before whom the depositions of witnesses residing Outside of the district are to be taken as the Case may be, touching all such matters respecting the election about to be contested as shall be proposed by either of the parties or their agents. (R. S. § 120.) § 178. Testimony, to what confined—The testi- mony to be taken by either party to the Contest shall be confined to the proof or disproof of the facts al- leged Or denied in the notice and answer mentioned in Sections One hundred and five and One hundred and Six. (R. S. § 121.) § 179. Testimony written out and attested— The Officer shall cause the testimony Of the witnesses, together With the questions proposed by the parties or their agents, to be reduced to writing in his pres- ence, and in the presence Of the parties Or their agents, if attending, and to be duly attested by the Witnesses respectively. (R. S. § 122.) - § 180. Production of papers—The Officer shall have power to require the production of papers; and On the refusal or neglect of any person to produce and deliver up any paper Or papers in his possession pertaining to the election, Or to produce and deliver up Certified Or sworn copies Of the same in case they may be Official papers, such person shall be liable to all the penalties prescribed in section. One hundred and sixteen. All papers thus produced, and all certified or sworn copies of Official papers, shall be transmit- ted by the Officer, with the testimony of the witnesses, to the Clerk of the House of Representatives. (R. S. § 123.) § 181. Adjournments—The taking of the testi- mony may, if so stated in the notice, be adjourned from day to day. (R. S. $ 124.) § 182. Notice attached to depositions—The no- tice to take depositions, With the proof or acknowl- edgment of the service thereof, and a Copy of the subpoena, where any has been served, shall be at- tached to the depositions when completed. (R. S. § 125.) § 183. Copy of notice and answer to accom- pany testimony—A copy of the notice of Contest, and Of the answer of the returned member, Shall be pre- fixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives. (R. S. § 126.) § 184. Testimony sent to Clerk of House of Representatives; printing testimony; briefs- All officers taking testimony to be used in a Contest- ed election case, whether by deposition. Or Otherwise, shall, when the taking of the same is completed, and Ch. 8A) ź 189 THE CONGRESS [Page 31I Without unnecessary delay, certify and carefully seal and immediately forward the same, by mail or by eXpress, addressed to the Clerk of the House of Rep- resentatives of the United States, Washington, Dis- trict of Columbia; and shall also indorse upon the envelope containing such deposition or testimony the name Of the case in which it is taken, together with the name of the party in whose behalf it is taken, and Shall Subscribe such indorsement. The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall no- tify the contestant and the contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the Opening of the sealed packages of tes- timony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the Said Clerk shall proceed to open all the packages Of testimony in the case, in the presence of the par- ties Or their attorneys, and such portions of the tes- timony as the parties may agree to have printed shall be printed by the Public Printer, under the direction Of the said clerk; and in case of disagreement be- tWeen the parties as to the printing of any portion of the testimony, the said clerk shall determine wheth- er Such portion of the testimony shall be printed; and the said clerk shall prepare a suitable index to be printed with the record. And the notice of Con- test and the answer of the sitting member shall also be printed with the record. - If either party, after having been duly notified, Should fail to attend, by himself or by an attorney, the Clerk shall proceed to open the packages, and shall CauSe Such portions Of the testimony to be printed, aS he shall determine. He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other por- tions when returned from the Public Printer, and lay the Same before the Committee on Elections at the earliest Opportunity. As soon as the testimony in any Case is printed the clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the Contestee ; and shall notify the contestant to file with the clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The élerk shall for- Ward by mail tWO Copies Of the Contestants’ brief to the contestee, with like notice. Upon receipt of the Contestee’s brief the clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the Con- testee’s brief within like time. All briefs shall be printed at the expense Of the parties respectively, and shall be of like folio as the printed record ; and sixty copies thereof shall be filed with the clerk for the use of the committee on Elections. (R. S. § 127, amended, March 2, 1875, c. 119, § 1, 18 Stat. 338; March 2, 1887, c. 318, 24 Stat. 445.) § 185. Fees of witnesses—Every witness attend- ing by virtue of any subpoena herein directed to be issued shall be entitled to receive the sum of Seventy- five cents for each day’s attendance, and the further Sum of five Cents for every mile necessarily traveled in going and returning. Such allowance shall be as- certained and Certified by the Officer taking the ex- amination, and shall be paid by the party at whose instance such witness was summoned. (R. S. § 128.) § 186. Fees of officers—Each judge, justice, chancellor, chief executive Officer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed pursu- ant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein authorized, shall be entitled to receive from the party at whose in- stance the Service shall have been performed Such fees as are allowed for similar services in the State where- in such service may be rendered. (R. S. § 129.) (R. S. § 130. Superseded.) This section prohibited payment by the House of Rep- resentatives for expenses incurred in a contested election Case. It Was practically superseded by § 187. § 187. Limitation of expenses of contest for seat in House—Hereafter no contestee or contestant for a seat in the House of Representatives shall be paid exceeding two thousand dollars for expenses in election Contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election Contest, he shall file with the clerk of the Committee on Elections a full and detailed account Of his expenses, accompanied by the vouchers and re- Ceipts for each item, which account and vouchers shall be SWOrn to by the party presenting the same, and no Charges for witness fees shall be allowed in said ac- COunts unless made in strict conformity to section one hundred and twenty eight Revised Statutes of the Fº States. (March 3, 1879, c. 182, § 1, 20 Stat. Chapter Eight A–Contributions for Purpose of Influencing Elections 188. “Political committee” defined. 189. Chairman and treasurer of political committee. 190. Receipts for payments preserved. 191. Account to treasurer and record of contributions. 192. Statements by treasurer filed with Clerk of House. 193. Details of statements. (1) Contributions of $100 or more. (2) Aggregate of contributions less than $100. (3) Total of contributions. (4) Disbursements of $10 or more. (5) Aggregate of disbursements of less than $10. (6) Total of disbursements. 194. Statements by others than political committees. 195. (1) “Candidate” defined. (2) Filing statements by candidate for nomination or election as Representative. (3) Filing statements by candidate for nomination or election as Senator. (4) Filing statements by candidate after nomination and election. (5) Contents of statements by candidates. (6) Acts forbidden to candidates. (7) * of contributions or expenditures by candi- alteS. (8) Details in successive statements. (9) Person required to comply with Section; Statements. (10) Verification of statements; filing statements. (11) Effect of act on laws of State. * 196. Personal éxpenses not subject to act. 197. Legal expenses in election contests not limited. 198. Punishment for violations of act. § 188. “Political committee” defined—The term “political cómmittee” under the provisions of this Act shall include the national committees of all political parties and the national congressional cam- paign Committees of all political parties and all com- mittees, a SSociations, or organizations which shall in two or more States influence the result or attempt to influence the result of an election at which Rep- resentatives in Congress are to be elected. (June 25, 1910, c. 392, § 1, 36 Stat. 822.) § 189. Chairman and treasurer of political committee—Every political Committee as defined in this Act shall have a Chairman and a treasurer. It shall be the duty Of the treasurer to keep a detailed and exact account Of all money or its equivalent re- ceived by or promised to such committee or any mem- ber thereof, or by Or to any person acting under its authority or in its behalf, and the name of every per- son, firm, association, . Or Committee from whom re- ceived, and of all expenditures, disbursements, and promises of payment or disbursement made by the committee Or any member thereof, or by any person acting under its authority or in its behalf, and to whom paid, distributed, or disbursed. No officer or member of such Committee, or other person acting under its authority Or in its behalf, shall receive any money Or its equivalent, Or expend Or promise to ex- pend any money On behalf of Such committee, until details of 3 190 (Tit. 2 THE CONGRESS IPage 32] after a chairman and treasurer of such committee Shall have been chosen. (June 25, 1910, c. 392, § 2, 36 Stat. 823.) § 190. Receipts for payments preserved— Every payment or disbursement made by a political COmmittee exceeding ten dollars in amount be evi- denced by a receipted bill stating the particulars of expense, and every such record, voucher, receipt, or a CCOunt Shall be preserved for fifteen months after the election to which it relates. (June 25, 1910, c. 392, § 3, 36 Stat. 823.) § 191. Account to treasurer and record of contributions—Whoever, acting under the authority Or in behalf of such political committee, whether as a member thereof or otherwise, receives any contribu- tion, payment, loan, gift, advance, deposit, or promise Of money Or its equivalent shall, on demand, and in any event within five days after the receipt of such Contribution, payment, loan, gift, advance, deposit, or promise, render to the treasurer of such political com- mittee a detailed account of the same, together with the name and address from whom received, and said treasurer Shall forthwith enter the same in a ledger Or record to be kept by him for that purpose. (June 25, 1910, c. 392, § 4, 36 Stat. 823.) § 192. Statements by treasurer filed with Clerk of House—The treasurer of every such political COmmittee shall, not more than fifteen days and not less than ten days next before an election at which Representatives in Congress are to be elected in tWO Or more States, file in the Office of the Clerk Of the House of Representatives at Washington, District of Columbia, With said Clerk, an itemized detailed state- ment; and On each sixth day thereafter until such election said treasurer shall file with Said Clerk a Supplemental itemized detailed Statement. Each Of said Statements shall Conform to the requirements of the following section of this Act, except that the sup- plemental Statement herein required need not contain any item of which publicity is given in a previous Statement. Each Of Said statements shall be full and COmplete, and Shall be signed and SWOrn to by said treaSurer. It Shall also be the duty Of Said treasurer to file a similar statement with, said Clerk within thirty days after Such election, such final statement also to be signed and SWOrn to by Said treasurer and to COn- form to the requirements Of the following section of this Act. The Statements SO filed with the Clerk Of the House shall be preserved by him for fifteen months and shall be a part of the public records of his office and shall be Open to public inspection. (June 25, 1910, c. 392, § 5, 36 Stat. 823, amended, Aug. 19, 1911, c. 33, § 1, 37 Stat. 25.) - § 193. Details of statements—The Statements required by the preceding section of this Act shall State: - (1) Contributions of $100 or more—First. The name and address Of each perSOn, firm, association, Or Committee who or which has Contributed, promised, loaned, or advanced to such political Committee, or any officer, member, or agent thereof, either in one Or more items, money or its equivalent Of the aggre- gate amount or value of One hundred dollars or more, and the amount or sum contributed, promised, loan- ed, Or advanced by each. (2) Aggregate of contributions less than $100 —Second. The aggregate Sum COntributed, promised, loaned, Or advanced to Such political Committee, Or to any officer, member, Or agent thereof, in amounts Of less than One hundred dollars. - - (3) Total of contributions—Third. The total sum Of all contributions, promises, loans, and advances received by such political committee or any officer, member, or agent thereof. (4) Disbursements of $10 or more—Fourth. The name and address of each person, firm, associa- tion, Or Committee to whom such political committee, or any officer, member, or agent thereof, has dis- tributed, disbursed, contributed, loaned, advanced, Or promised any sum of money Or its equivalent Of the amount Or value of ten dollars or more, stating the amount Or Sum distributed, disbursed, contribut- ed, loaned, advanced, Or promised to each, and the purpose thereof. (5) Aggregate of disbursements of less than $10–Fifth. The aggregate sum distributed, disbursed, COntributed, loaned, advanced, or promised by such political Committee, or any officer, member, or agent thereof, Where the amount Or value of such distribu- tion, disbursement, loan, advance, Or promise to any One perSon, firm, association, Or COmlmittee in One Or more items is less than ten dollars. (6) Total of disbursements—Sixth. The total Sum disbursed, distributed, contributed, loaned, ad- Vanced, or promised by such political Committee, Or any officer, member, or agent thereof. (June 25, 1910, C. 392, § 6, 36 Stat. 823, amended, Aug. 19, 1911, C. 33, § 1, 37 Stat. 25.) § 194. Statements by others than political committees—Every person, firm, association, or com- mittee, except political committees as hereinbefore defined, that shall expend or promise any Sum Of money or other thing of value amounting to fifty Člollars or more for the purpose of influencing OI: controlling, in two or more States, the result of an election at which Representatives to the Congress of the United States are elected, unless he Or it shall Contribute the same to a political Committee as here- inbefore defined, shall file the statements Of the Same under oath, as required by section six of this Act, in the Office Of the Clerk Of the House Of Rep- resentatives, at Washington, District Of Columbia, which statements shall be held by said Clerk in all respectS as required by Section five Of this Act. (June 25, 1910, c. 392, § 7, 36 Stat. 824.) § 195. (1) “Candidate” defined—The word “candidate” as used in this section shall include all persons whose names are presented for nomination for Representative or Senator in the Congress Of the United States at any primary election or nomi- nating COn Vention, Or for indorsement Or election at any general Or Special election held in COnnection With the nomination or election of a person to fill such Office, Whether or not such persons are actually nOm- inated, indorsed, or elected. (2) Filing statements by candidate for nom- imation or election as Representative—Every per- SOn Who Shall be a Candidate for nomination at any primary election or nominating convention, or for election at any general Or Special election, as Repre- Sentative in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominat- ing COInvention, and not less than ten nor more than fifteen days before the day of the general or special election at which candidates for Representatives are to be elected, file with the Clerk Of the House of Rep- resentatives at Washington, District of Columbia, a full, Correct, and itemized statement of all moneys and things Of Value received by him or by anyone for him with his knowledge and consent, from any source, in aid or Support of his candidacy, together with the names of all those who have furnished the same in Whole Or in part; and such statement shall contain a true and itemized account of all moneys and things of Value given, COntributed, expended, used, Or prom- ised by Such candidate, or by his agent, representa- tive Or Other perSon for and in his behalf with his knowledge and COnsent, together with the names Of all those to whom any and all such gifts, contribu- tions, payments, or promises were made, for the pur- pose of procuring his nomination or election. (3) Filing statements by candidate for nomi- nation or election as Senator—Every person who shall be a candidate for nomination at any primary election or nominating convention, or for indorsº- Ch. 8A) ź 195 (9) THE CONGRESS IPage 33] ment at any general Or Special election, Or election by the legislature of any State, as Senator in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating Conven- tion, and not less than ten nor more than fifteen dayS before the day of the general or Special election at which he is seeking indorsement, and not less than five nor more than ten days before the day upon which the first vote is to be taken in the two houseS of the legislature before which he is a candidate for election as Senator, file with the Secretary Of the Senate at Washington, District of Columbia, a full, correct, and itemized statement Of all moneys and things of value received by him. Or by anyOne for him with his knowledge and consent, from any Source, in aid or support of his candidacy, together With the names of all those who have furnished the Same in whole or in part ; and Such statement Shall COntain a true and itemized account of all moneys and things Of value given, Contributed, expended, used, Or prom- ised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowl- edge and consent, together with the names Of all those to whom any and all such gifts, COntributions, payments, or promises were made for the purpose of procuring his nomination or election. - (4) Filing statements by candidate after nom- ination and election—Every such Candidate for nomination at any primary election. Or nominating COnvention, Or for indorsement Or election at any general. Or Special election, Or for election by the legislature of any State, shall, within fifteen days after such primary election or nominating convention, and within thirty days after any such general Or Special election, and within thirty days after the day upon which the legislature Shall have elected a Senator, file with the Clerk of the House of Repre- sentatives Or with the Secretary Of the Senate, as the Case may be, a full, correct, and itemized State- ment of all moneys and things of value received by him. Or by anyone for him. With his knowledge and Consent, from any Source, in aid Or Support Of his Candidacy, together with the names of all those who have furnished the same in whole or in part ; and such statement shall Contain a true and itemized a C- COunt Of all moneyS and things Of value given, COn- tributed, expended, used, or promised by Such Candi- date, Or by his agent, representative, or Other person for and in his behalf with his knowledge and Consent, up to, On, and after the day of such primary election, nominating Convention, general or special election, or election by the legislature, together with the names of all those to whom any and all such gifts, con- tributions, payments, or promises were made for the purpose of procuring his nomination, indorsement, or eleCtion. s (5) Contexits of statements by candidates— , Every such candidate shall include therein a state- ment. Of every promise or pledge made by him, or by any One for him with his knowledge and Consent Or to Whom he has given authority to make any such promise Or pledge, before the completion of any such primary election or nominating Convention or gen- eral Or Special election Or election by the legislature, relative to the appointment or recommendation for appointment of any person to any position of trust, honor, or profit, either in the county, State, or Nation, or in any political subdivision thereof, or in any private Or Corporate employment, for the purpose of procuring the support of such person or of any per- son in his candidacy, and if any such promise or pledge shall have been made the name or names, the address or addresses, and the occupation Or oc- cupations, of the person or persons to whom such promise Or pledge shall have been made, shall be stated, together with a description of the position relating to which such promise or pledge has been CoMP.ST.’18–3 made. In the event that no such promise Or pledge has been made by such candidate, that fact shall be distinctly stated. - . (6) Acts forbidden to candidates—NO Candidate for Representative in Congress or for Senator Of the United States shall promise any office Or posi- tion to any person, or to use his influence Or to give his support to any person for any Office Or posi- tion for the purpose of procuring the support Of Such person, or of any person, in his candidacy; nor shall any candidate for Senator of the United States give, contribute, expend, use, or promise any money Or thing of value to assist in procuring the nomination or election of any particular candidate for the legis- lature of the State in which he resides but Such candidate may, within the limitations and restric- tions and subject to the requirements of this act, COn- tribute to political committees having charge Of the disbursement of Campaign funds. (7) Amount of contributions or expenditures Thy candidates—No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, Or CauSe to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount Which he may lawfully give, contribute, expend, or promise under the laws of the State, in which he resides: Provided, That no candidate for Representative in Congress shall give, contribute, expend, use, Or prom- mise any sum, in the aggregate, exceeding five thou- sand dollars in any campaign for his nomination and election ; and no candidate for Senator of the |United States shall give, Contribute, expend, USe, Or promise any sum, in the aggregate, exceeding ten thousand dollars in any campaign for his nomina- tion and election: Provided further, That money expended by any such candidate to meet and dis- charge any assessment, fee, or charge made Or levied upon candidates by the laws of the State in which he resides, or for his necessary perSOnal expenses, incurred for himself alone, for travel and subsistence, stationery and postage, writing or printing (Other than in newspapers), and distributing letters, Cir- culars, and posters, and for telegraph. and tele- phone service, shall not be regarded as an expendi- ture within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the Statements herein required to be filed. . (8) Details in successive statements—The state- ments herein required to be made and filed before the general election, or the election by the legislature at which Such candidate seeks election, need not COn- tain items of which publicity is given in a previous Statement, but the Statement required to be made and filed after said general election or election by the legislature shall, in addition to an itemized State- ment Of all expenses not theretofore given publicity, contain a summary of all preceding statements. (9) Person required to comply with section; details of statements—Any perSOn, not then a Candi- date for Senator of the United States, who shall have given, contributed, expended, used, or promised any money or thing Of Value to aid. Or assist in the nom- ination or election of any particular member of the legislature of the State in which he resides, shall, if he thereafter becomes a Candidate for Such Office, Or if he shall thereafter be elected to SU Ch Office without becoming a candidate therefor, comply with all of the provisions of this section relating to candi- dates for Such Office, SO far as the same may be ap- plicable; and the statement herein required to be made, verified, and filed after such election shall contain a full, true, and itemized a CCOunt of each and every gift, contribution, expenditure, and promise whenever made, in any wise relating to the nomina- tion or election of members of the legislature of said 3 195 (10) (Tit. 2 THE CONGRESS IPage 341 State, or in any wise connected with or pertaining to his nomination and election of which publicity is not given in a previous statement. (10) Verification of statements; filing state- ments—Every statement herein required shall be verified by the Oath or affirmation of the candidate, taken before an Officer authorized to administer Oaths; and the depositing of any such statement in a reg- ular post office, directed to the Clerk of the House of Representatives or to the Secretary of the Senate, as the Case may be, duly stamped and registered with- in the time required herein shall be deemed a suffi- Cient filing of any such statement under any of the provisions Of this Act. (1.1) Effect of act on laws of State—This Act shall not be construed to annul or vitiate the laws of any State, not directly in conflict herewith, relating to the nomination or election of candidates for the Offices herein named, or to exempt any such candi- date from complying with such State laws. (June 25, 1910, c. 392, § 8, 36. Stat. 824, amended Aug. 19, 1911, c. 33, § 2, 37 Stat. 26, and Aug. 23, 1912, c. 349, 37 Stat. 360.) -. § 196. Personal expenses not subject to act— Any perSOn may in Connection with such election in- cur and pay from his own private funds for the purpose of influencing or controlling, in two or more States, the resultS Of an election at which Repre- Sentatives to the Congress of the United States are elected, all necessary personal expenses for his travel- ing, for Stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act. (June 25, 1910, c. 392, § 9, 36 Stat. 824, amended Aug. 19, 1911, c. 33, § 2, 37 Stat. 26.) § 197. Legal expenses in election contests not limited—Nothing contained in this Act shall limit Or affect the right of any person to spend money for proper legal expenses in maintaining or contesting the results of any election. (June. 25, 1910, c. 392, § 10, 36 Stat. 824, amended Aug. 19, 1911, c. 33, § 2, 37 Stat. 26.) - - - • $ 198. Punishment for violations of act— EVery perSOn willfully violating any of the foregoing provisions Of this Act shall, upon conviction, be fined not more than One thousand dollars or imprisoned not more than one year, or both. (June 25, 1910, c. 392, § 11, 36 Stat. 824, amended, Aug. 19, 1911, c. 33, § 2, 37 Stat. 26.) - - TITLE III—THE PRESIDENT Chap. - Sec. 2. Office and compensation of the President........ 222 Chap. - - Sec. 1. Presidential elections. . . . . . . . . . ſº e º 'º e º 'º º º e º e º e . . . . 199 Chapter One—Presidential Elections Sec. *- - * . - 199. Time of appointing electors. 200. Number of electors. 201. Vacancies in electoral college. 202. Failure to make choice on appointed day. 203. Meeting and vote of electors. 204. Pºmination of controversy as to appointment of elec- OTS. * - 205. Certificates of appointment of electors. 206. Manner of voting. 207. Making and signing certificates. 208. Sealing and indorsing certificates. 209. . Transmission of certificates. . 210. Transmission of certificates to President of Senate, 211. District judge’s list. 212. Absence of President of Senate. 213. Mileage of messengers. - ** 214. Forfeiture for messenger’s neglect of duty. 215. Counting electoral votes in Congress. 216. Preservation of order in joint meeting. 217. Limit of debate in each House. 218. Seats for officers and members of two Houses in joint meeting. 219. Vacancy in offices of both President and . Vice-President, 220. Officers eligible to act as President in case of vacancy. 221. Resignation or refusal of office. § 199. Time of appointing electors—[Except in Case of a presidential election prior to the Or- dinary period, as specified in sections one hundred and forty-seven to one hundred and forty-nine, in- clusive, when the Offices of President and Vice-Presi- dent both become vacant, the electors of President and Vice-President shall be appointed, in each State, on the Tuesday next after the first Monday in Novem- ber, in every fourth year succeeding every election of a President and Vice-President. (R. S. § 131.) Clause in brackets inoperative on repeal of R. S. §§ 147- 149, by Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1, without pro- vision for election in case of vacancy in both offices. § 200. Number of electors—The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice-President to be chosen come into Office; except, that where no apportionment Of Representatives has been made after any enumeration, at the time of choosing electOrS, the number of electors shall be a C- cording to the then existing apportionment Of Senators and Representatives. (R. S. § 132.) § 2G1. Vacancies in electoral college—Each State may, by law, provide for the filling of any vacan- Cies Which may Occur in its college of electors when Such College meets to give its electoral vote. (R. S. § 133.) - § 202. Failure to make choice on appointed day—Whenever any State has held an election for the purpose of choosing electors, and has failed to make a Choice on the day prescribed by law, the electors may be appointed on a subsequent day in | Such a manner as the legislature of such State may direct. (R. S. § 134.) (R. S. § 135. Superseded.) Section provided that the electors should vote on the first Wednesday in December. They were required to vote on the second Monday of January, by Act Feb. 3, 1887, c. 90, § 1, post, § 203. - (R. S. § 136. Repealed.) - This section provided for the delivery of lists of electors of each State by the executive of the State to the electors. It was repealed by Act Feb. 3, 1887, c. 90, § 3, post, § 205. § 203. Meeting and vote of electors—The elec- tors Of each State shall meet and give their votes On the Second Monday in January next following their appointment, at such place in each State as the leg- islature of such State shall direct. (Feb. 3, 1887, c. . 90, § 1, 24. Stat. 373.) § 204. Determination of controversy as to appointment of electors—If any State shall have provided, by laws enacted prior to the day fixed for the appointment Of the electors, for its final deter- mination of any Controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and Such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least Six days prior to the said time of meeting Of the eleC- tors, Shall be Conclusive, and shall govern in the Count- ing of the electoral votes as provided in the Constitu- tion, and as hereinafter regulated, so far as the ascer- tainment Of the electors appointed by such State is concerned. (Feb. 3, 1887, c. 90, § 2, 24 Stat. 373.) § 205. Certificates of appointment of electors —It shall be the duty of the executive of each State Ch. 1) ź 215 THE PRESIDENT [Page 35] aS SOOn aS practicable after the COnclusion of the appointment of electors in such State, by the final ascertainment under and in pursuance of the laws of Such State providing for such ascertainment, to com- municate, under the seal of the State, to the Secre- tary Of State of the United States, a certificate Of Such ascertainment of the electors appointed, setting forth the names of such electors and the canvass Ol' Other a SCertainment under the laws Of Such State Of the number of votes given or cast for each person for whose appointment any and all votes have been given Or Cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, On or before the day on which they are required by the preceding section to meet, the same Certificate, in triplicate, under the seal of the State; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same manner as is provided by law for trans- mitting by such electors to the Seat Of Government the listS Of all persons voted for as President and Of all persons voted for as Vice-President; and section one hundred and thirty-six of the Revised Statutes is hereby repealed ; and if there shall have been any final determination in a State of a controversy or Contest as provided for in Section two. Of this act, it Shall be the duty Of the executive Of Such State, as Soon as practicable after such determination, to COm- municate, under the Seal Of the State, to the Secre- tary Of State Of the United States, a Certificate of Such determination, in form and manner as the Same shall have been made; and the Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the Cer- tificates hereinbefore directed to be transmitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such Certificates in full; and at the first meeting Of Congress thereafter he Shall transmit to the two Houses Of Congress Copies in full Of each and every such certificate SO received theretofore at the State Department. (Feb. 3, 1887, c. 90, § 3, 24 Stat. 373.) § 206. Manner of voting—The electors shall Vote for President and Vice-President, respectively, in the manner directed by the Constitution. (R. S. § 137.) § 207. IMaking and signing certificates—The electors shall make and sign three certificates of all the VOtes given by them, each Of Which certificates shall contain two distinct lists, one of the votes for President, and the Other of the votes for Vice-Presi- dent, and shall annex to each Of the Certificates One of the lists Of the electors which shall have been furnished to them by direction of the executive of the State. (R. S. § 138.) § 208. electors shall seal up the Certificates so made by them, and Certify upon each that the lists Of all the votes Of Such State given for President, and Of all the votes given for Vice-President, are contained therein. (R. S. § 139.) § 209. Transmission of certificates—The elec- tors shall dispose of the certificates thus made by them in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take Charge of and deliver to the President of the Senate, at the seat of Government, before the first Wednesday in January then next ensuing, one of the Certificates. Two. They shall forthwith forward by the post- Office to the President of the Senate, at the seat of Government, One other of the certificates. Three. They shall forthWith cause the other of the Certificates to be delivered to the judge of that dis- º in which the electors shall assemble. (R. S. § 140.) § 210. Transmission of certificates to Presi- dent of Senate—The certificates and lists of votes Sealing and indorsing certificates—The for President and Vice-President of the United States, mentioned in Chapter One of title three of the Revised Statutes of the United States, and in the act to which this is a supplement, Shall be forwarded, in the man- ner therein provided, to the President of the Senate forthwith after the second Monday in January, on Which the electors shall give their votes. (Oct. 19, 1888, c. 1216, § 1, 25 Stat. 613.) § 211. District judge’s list—Whenever a certif- icate of votes from any State has not been received at the seat of Government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary Of State Shall send a Special messenger to the district judge in Whose CuS- tody One Certificate of the votes from that State has been lodged, and Such judge shall forth With transmit that list to the Seat Of Government. (R. S. § 141, amended, Oct. 19, 1888, c. 1216, § 2, 25 Stat. 613.) (R. S. § 142. Superseded.) This section provided for the counting of the electoral votes in Congress. It was superseded by Act Feb. 3, 1887, c. 90, §§ 4–7, post, §§ 215–218. - § 212. Absence of President of Senate—in case there shall be no President of the Senate at the seat of Government on the arrival of the perSons in- trusted with the Certificates Of the Votes Of the elec- tors, then such persons shall deliver such Certificates into the office of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. (R. S. § 143.) § 213. Mileage of messengers—Each of the per- Sons appointed by the electors to deliver the Certifi- Cates Of votes to the President Of the Senate Shall be allowed, On the delivery of the list intrusted to him, twenty-five Cents for every mile of the estimat- ed distance, by the most usual road, from the place Of meeting Of the electors to the Seat of GOvernment Of the United States. (R. S. § 144.) § 214. Forfeiture for messenger’s neglect of duty—Every person who, having been appointed, pur- Suant to Subdivision One Of Section One hundred and forty or to section one hundred and forty-One, to de- liver the Certificates Of the votes Of the electOrs to the President Of the Senate, and having accepted Such appointment, shall neglect to perform the Services required from him, shall forfeit the Sum of One thou- sand dollars. (R. S. § 145.) § 215. Counting electoral votes in Congress- Congress shall be in session. On the Second Wednes- day in February Succeeding every meeting Of the electors. The Senate and House Of Representatives shall meet in the Hall of the House of Representa- tives at the hour Of One o'clock in the afternOOn On that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed. On the part of the Senate and tWO On the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the Certificates and papers purporting to be certificates of the electoral votes, which Certificates and papers shall be opened, presented, and acted upon in the alphabetical Order of the States, beginning with the letter A ; and said tellers, having then read the same in the presence and hearing Of the two Houses, shall make a list Of the votes as they shall appear from the said certificates; and the votes hav- ing been ascertained and counted in the manner and according to the rules in this act provided, the re- Sult Of the same shall be delivered to the President of the Senate, who shall thereupon announce the State of the vote, which announcement shall be deemed a Sufficient declaration of the persons, if any, elected President and Vice-President Of the United States, and, together with a list Of the Votes, be entered. On the Journals of the two Houses. Upon Such reading of any such certificate or paper, the President of the Senate shall call for Objections, if any. Every objec- tion shall be made in Writing, and shall State Clearly § 216 (Tit. 3 THE PRESIDENT [Page 36] and concisely, and without argument, the ground thereof, and shall be signed by at least One Senator and One Member of the House of Representatives be- fore the same shall be received. When all Objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon Withdraw, and such objections shall be submitted to the Senate for its decision ; and the Speaker Of the House of Representatives shall, in like manner, Sub- mit such Objections to the House of Representatives for its decision ; and no electoral vote Or Votes from any State which shall have been regularly given by electors whose appointment has been lawfully Certi- fied to according to Section three of this act from Which but Olle return has been received Shall be re- jected, but the two Houses Concurrently may reject the vote Or votes when they agree that such vote Or votes have not been SO regularly given by electors Whose appointment has been SO Certified. If more than One return or paper purporting to be a return from a State shall have been received by the Presi- dent of the Senate, those votes, and those Only, Shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in Section two Of this act to have been ap- pointed, if the determination in Said Section provided for shall have been made, or by such successors or Substitutes, in Case Of a Va CanCy in the board. Of electorS SO ascertained, as have been appointed to fill such vacancy in the mode provided by the laws Of the State ; but in Case there shall arise the ques- tion which Of two or more Of Such State authorities determining what electors have been appointed, as mentioned in section two Of this act, is the lawful tribunal Of Such State, the votes regularly given of those electOrs, and those only, of such State shall be counted Whose title as electors the two Houses, act- ing separately, shall concurrently decide is supported by the decision of such State SO authorized by its laws; and in Such Case of more than One return or paper purporting to be a return from a State, if there shall have been no Such determination of the ques- tion in the State aforesaid, then those votes, and those Only, shall be COunted which the two Houses shall COIn- currently decide were cast by lawful electors ap- pointed in accordance with the laws of the State, unless the two Houses, acting separately, shall con- Currently decide such votes not to be the lawful votes Of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the Counting of Such votes, then, and in that câse, the votes of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding Officer Shall then announce the decision Of the questions submitted. No votes or papers from any other State shall be acted upon un- til the objections previously made to the votes or papers from any State shall have been finally disposed of. (Feb. 3, 1887, c. 90, § 4, 24 Stat. 373.) § 216. Preservation of order in joint meeting —While the two Houses shall be in meeting as pro- Vided in this act the President Of the Senate shall have power to preserve Order; and no debate shall be allowed and no question shall be put by the pre- Siding Officer except to either House on a motion to withdraw. (Feb. 3, 1887, c. 90, § 5, 24 Stat. 374.) § 217. Limit of debate in each House—When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other ques- tion arising in the matter, each Senator and Repre- Sentative may speak to Such objection or question five minutes, and not more than once ; but after such de- bate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. (Feb. 3, 1887, c. 90, § 6, 24 Stat. 375.) § 218. Seats for officers and members of two Houses in joint meeting—At such joint meeting Of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker’s chair; for the Speaker, immediately upon his left; the Sen- ators, in the body of the Hall upon the right of the presiding Officer; for the Representatives, in the body of the Hall not provided 2 for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House Of Representatives, at the Clerk’s desk; for the other officers of the two Houses, in front of the Clerk’s desk and upon each side of the Speaker's plat- form. Such joint meeting shall not be dissolved until the Count of electoral votes shall be completed and the result declared : and no recess shall be taken un- less a question shall have arisen in regard to count- ing any Such votes, or otherwise under this act, in which case it shall be competent for either House, acting Separately, in the manner hereinbefore pro- Vided, to direct a recess of Such House not beyond the next Calendar day, Sunday excepted, at the hour of ten O’clock in the forenoon. But if the Counting Of the electoral votes and the declaration Of the result Shall not have been completed before the fifth calendar day next after such first meeting Of the two Houses, no further or other recess shall be taken by either House. (Feb. 3, 1887, c. 90, § 7, 24 Stat. 375.) (R. S. §§ 146–150. Repealed.) These sections provided for proceedings in case of va- cancy in the offices of President and Vice-President, and for an election to fill the vacancies. They were repealed by Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1, other provisions for such a case having been made by sections 1 and 2 of that Act, post, $$ 219, 220. § 219. Vacancy in offices of both President and Vice-President—In case of removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, Or if there be none, or in Case Of his relmOVal, death, resignation Or inability, then the Secretary Of the Treasury, Or if there be none, or in Case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in Case Of his removal, death, resignation, or inability, then the At- torney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster-General, Or if there be none, Or in Case Of his removal, death, resignation, Or inability, then the Secretary of the Navy, or if there be none, or in Case of his removal, death, resignation, Or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice-President is removed Or a President shall be elected: Provided, That whenever the powers and duties Of the Office Of President Of the United States Shall devolve Up On any of the persons named herein, if Congress be not then in Session, or if it would not meet in a CCOrdance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation COn Vening Congress in extraordinary session, giving tWenty dayS’ notice of the time of meeting. (Jan. 19, 1886, c. 4, § 1, 24 Stat. 1.) - § 220. Officers eligible to act as President in case of vacancy—The preceding section shall Only be held to describe and apply to such officers as Shall have been appointed by the advice and consent Of the Senate to the Offices therein named, and Such as are eligible to the office of Presideſt under the Consti- tution, and not under impeachment by the House Of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. (Jan. 19, 1886, c. 4, § 2, 24 Stat. 1.) § 22]. Resignation or refusal of office—The Only evidence of a refusal to accept, or of a resigna- tion of the Office of President or Vice-President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resign- ing, as the case may be, and delivered into the Office of the Secretary of State. (R. S. § 151.) Tit. 4) FXECUTIVE DEPARTMENTS IPage 37] Chapter Two—Office and Compensa- Sec. tion of the President 222. Commencement of term of office. 223. President’s salary. 224. Increase of President’s compensation. 225. President’s traveling expenses. 226. "Vice-President’s salary. 227. Officers of the President’s household. 228. Salary of Secretary to President. 229. Detail of employés of Executive Departments to office of . President. - 230. Accommodations for horses, carriages, etc. 231. Public property in and belonging to Executive Mansion. § 222. Commencement of term of office—The term of four years for which a President and Vice- President shall be elected, shall, in all cases, commence on the fourth day of March next succeeding the day On Which the votes Of the electors have been given. (R. S. § 152.) § 223. President’s salary—The President shall receive in full for his services during the term for which he shall have been elected the Sum of [fifty thousand dollars] a year, to be paid monthly, and Shall be entitled to the use of the furniture and Other effects belonging to the United States and kept in the Executive Mansion. (R. S. § 153.) Further as to President’s salary and traveling expenses, see §§ 224, 225. § 224. Increase of President’s compensation— After the third of March, nineteen hundred and nine, the compensation of the President Of the United States shall be seventy-five thousand dollars per an- num. (March 4, 1909, c. 297, § 1, 35 Stat. 859.) - § 225. President's traveling expenses—Here- after there may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding twenty-five thousand dol- lars per annum, such sum when appropriated to be expended in the discretion of the President and ac- counted for on his certificate solely. (June 23, 1906, c. 3523, 34 Stat. 454.) . § 226. Vice-President’s salary—The Vice-Presi- dent shall receive in full for his services during the terms for which he shall have been elected the sum of [ten thousand dollars] a year, to be paid monthly. (R. S. § 154.) - Further as to Vice President’s salary, see § 36. § 227. Officers of the President’s household— The President is authorized to appoint or employ in his official household the following officers: One private secretary, at a salary of three thousand five hundred dollars a year. . One assistant secretary, who shall be a short-hand writer, at a Salary of two thousand five hundred dol- lars a year. Two executive clerks, at a salary of two thousand three hundred dollars a year each. - One Steward . Of the President’s household, at a salary of two thousand dollars a year. One messenger, at a salary of One thousand two hundred dollars a year. (R. S. § 155.) Salary of secretary to President, see § 228; enumeration Of officers, and employés in office of President, and their compensation, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1080. § 228. Salary of Secretary to President—To make the Salary of the Secretary to the President at the rate of $7,500 per annum from March fourth, nineteen hundred and thirteen, to June thirtieth, nine- teen hundred and fourteen, inclusive, $3,312.50, and hereafter said salary is fixed at the rate of $7,500 per annum. (March 4, 1913, c. 149, 37 Stat. 913.) - . § 229. Detail of employés of Executive De- partments to office of President—Employees of the Bºxecutive Departments and other establishments of the executive branch of the Government may be de- tailed from time to time to the Office Of the President of the United States, for such temporary assistance ºny be necessary. (Feb. 3, 1905, c. 297, § 1, 33 Stat. .) - § 230. Accommodations for horses, carriages, etc.—The Quartermaster General of the Army shall provide suitable accommodations for the horses, Car- riages, and Other vehicles of the President and of the Executive Office, in the stables maintained in the Dis- trict of Columbia by and for the use of his depart- ment. (March 4, 1911, c. 285, § 1, 36 Stat. 1404.) (R. S. §§ 156, 157. Superseded.) . These Sections prescribed the duties of the steward of the President’s household, and required him to give bond for the faithful discharge of his trust. They were super- Seded by Act June 25, 1910, c. 384, § 9, post, § 231. Subsequent provisions requiring an inventory to be made annually, by the steward, of all the public property in the Executive Mansion, to be submitted to Congress with the annual report of the officer in charge of public buildings and grounds, made by Act April 17, 1900, c. 192, § 1, were Superseded by Act June 25, 1910, c. 384, § 2, post, § 231. § 231. Public property in and belonging to Executive Mansion—Hereafter the Steward, house- Reeper, or such Other employee of the Executive Man- sion as the President may designate, shall, under the direction of the President, have the charge and cus- tody of and be responsible for the plate, furniture, and public property therein, and shall, before entering upon the duties of the office, give bond for the faith- ful discharge thereof, said bond to be in the sum of ten thousand dollars, and be approved by the Secre- tary of War. And hereafter a complete inventory, in proper books, shall be made annually in the month of June, under the direction of the officer in charge of public buildings and grounds, of all the public prop- erty in and belonging to the Executive Mansion, show- ing when purchased, its cost, condition, and final dis- position. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the Office of Public Buildings and Grounds, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property. (June 25, 1910, c. 384, § 9, 36 Stat. 773.) * - v=– TITLE IV—PROVISIONS APPLICABLE TO ALL THE EXECUTIVE - - DEPARTMENTS 232. Application of provisions of Title. 233. Word “Department.” 234. Salaries of heads of Departments. 235. Departmental regulations. . 236. Hours of business. - . . 237. Closing Department on decease of ex-official. 238. Hours of labor and leaves of absence; reports as to condition of business. • • - 239. Annual leave of absence. - 240. Annual leave of absence. 241. Recording clocks. 242. Classification of clerks. 243. Women clerks. - 244. Distribution of clerks. . 245. Diminution or increase of number of clerks. 246. Salaries of clerks and employéS. 247. Temporary clerks. Sec. - 248. Authority to employ clerks and other employés. 249. Officers, clerks, and employés only as Specifically appro- priated for; details prohibited. 250. Violation of preceding section; punishment. 251. Transfers from one Department to another. 251a. Transfers of clerks from executive departments to in- dependent establishments. 251b. Employment of employés of executive departments, in other executive departments, at increased compensa- tion. 251c. Branches of Government of District of Columbia as government establishments. . . 252. Details of civil officers, duty in Department in District of Columbia. - 252a. Details of persons in classified service at Washington for service outside District. 253. Extra compensation to clerks. 3 - 232 (Tit. 4 EXECUTIVE DEPARTMENTS [Page 38] Restriction on employing extra clerks. 255. Supervision of subordinate clerks. 256. Distribution of duties. - 257. Duty of chief on receipt of report. 258. Disbursing clerks. 259. Vacancies; temporarily filling. 260. Vacancies in subordinate offices. 261. Discretionary authority of President. 262. Temporary appointments limited. 263. Restriction on temporary appointments. 264. Extra, COrnpensation disallowed. 265. Oaths to Witnesses. - Subpoenas to witnesses. Witnesses’ fees. Compelling testimony. Professional assistance. 270. Claim.S. 271. Attorneys or counsel. 272. Ex officers not to prosecute claims in Departments. 272a. Advertising practice before departments or office of Government. . 273. Expenditures for newspapers. 274. Expenditures for transportation of remains of deceased employés. 275. Annual reports of expenditure of contingent funds. 276. Reports of expenditure for contingent expenses of sub- treasuries. • 277. Reports of traveling expenses of officers and employés at Washington. 278. Time of making annual reports. 279. Department reports; furnishing to printer. 279a. Copy for annual reports and accompanying documents. 280. Inventories of property. 281. Transfer of miscellaneous books to District Public Li- brary. 282. Disposition of useless papers. 283. Same. . 283a. Co-ordination of executive agencies. 283b. Transfer of personnel or duties. - - 283c. Executive agency for control of aeroplanes. 283d. Expenditure of appropriations. 283e. Abolition of bureaus. , - 283f. Acts suspended; termination of act. § 232. Application of provisions of Title—The provisions of this Title shall apply to the followin IExectitive Departments: - - First. The Department of State. Second. The Department of War. Third. The Department of the Treasury. Fourth. The Department of Justice. Fifth. The Post-Office Department. Sixth. The Department of the Navy. Seventh. The Department of the Interior. S. § 158.) - Other departments included: Department of Agriculture, See § 789; ment of Labor, see § 932. . - § 233. Word “Department”—The word “De- partment” when used alone in this Title, and Titles five, six, seven, eight, nine, ten, and eleven, means one of the Executive Departments enumerated in the pre- ceding section. (R. S. § 159.) (R. § 234. Salaries of heads of Departments— Each head of a Department is entitled to a salary of [ten thousand dollars] a year, to be paid monthly. (R. S. § 160. - § º provisions as to salaries: Secretary of Treasury, § 352; Secretary of Agriculture, § 791; Secretary of Com- merce, § 853; Secretary of State, §§ 285, 287; Secretary of Labor, $ 932; cabinet members generally, § 36; and see Act March 3, 1917, c. 163, § 1, 39 Stat. 1082, 1083, 1094, 1098, 1102, 1108, 1110, 1111, 1117. - § 235. Departmental regulations—The head of each Department is authorized to prescribe regula- tions, not inconsistent with law, for the government of his Department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, pa- pers, and property appertaining to it. - § 236. Hours of business—From the first day of October until the first day of April, in each year, all the Bureaus and offices in the State, War, Treas- ury, Navy, and Post-Office Departments and in the General Land-Office, shall be open for the tranS- action of the public , business at least eight hours in each day; and from the first day of April until the first day of October, in each year, at least ten hours in each day: except Sundays and days declared public holidays by law. (R. S. § 162.) - Evidence furnished by Departments in suits in Court of Department of Commerce, see § 853; Depart- (R. S. § 161.) § 237. Closing Department on decease of ex- official—Hereafter the Executive Departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. (March 3, 1893, c. 211, § 4, 27 Stat. 715.) § 238. Hours of labor and leaves of absence; reports as to condition of business—Hereafter it shall be the duty of the heads of the several Execu- tive Departments, in the interest of the public service, to require of all clerks and other employees, of what- ever grade or class, in their respective Departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Executive order: Provided, That the heads of the Departments may, by Special Order, stating the reason, further extend the hours of any clerk or employee in their Departments, respectively ; but in case of an extension it shall be without additional Compensation: Provided further, That the head of any Department may grant thirty days' annual leave with pay in any One year to each clerk or employee: And provided fur- ther, That where some member of the immediate fam- ily of a clerk or employee is afflicted with a con- tagious disease and requires the care and attendance of such employee, or where his or her presence in the Department would jeopardize the health of fel- low-clerks, and in exceptional and meritorious Cases, where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head Of the De- partment, with pay, not exceeding thirty days in any One case or in any one calendar year. This Section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the Department in excess of the time herein provided for or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. Hereafter it shall be the duty of the head of each Executive Department to require monthly reports to be made to him as to the condition of the public busi- neSS in the several bureaus or offices of his Depart- ment at Washington ; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which such arrears ex- ist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. X- : Hereafter if shall be the duty of the head of each Executive Department, or other Government estab- lishment at the seat of government, not under an Ex- ecutive Department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government estab- lishment, and whether any branch thereof is in ar- rears. (March 3, 1893, c. 211, § 5, 27 Stat. 715, amend- ed, March 15, 1898, c. 68, § 7, 30 Stat. 316.) § 239. Annual leave of absence—Nothing Con- tained in section seven of the Act making appropria- tions for legislative, executive, and judicial expenses Of the Government for the fiscal year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred and ninety-eight, shall be construed to pre- vent the head of any Executive Department from granting thirty days’ annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days’ leave with pay on account of sickness as provided in said section seven. (July 7, 1898, c. 571, § 1, 30 Stat. 653.) . § 240. Annual leave of absence—The thirty days’ annual leave of absence with pay in any one year to clerks and employés in the several Executive Departments authorized by existing law shall be ex- Tit. 4) Ž 250 EXECUTIVE DEPARTMENTS HPage 39] clusive of Sundays and legal holidays. (Feb. 24, 1899, c. 187, § 4, 30 Stat. 890.) § 241. Recording clocks—No money appropriated by this Act shall be used for expense of repairing re- cording clocks used for recording time of clerks or other employees in any of the Executive Departments at Washington, nor shall there hereafter be used in any of the Executive Departments at Washington any such recording clocks. (Feb. 24, 1899, c. 187, § 1, 30 Stat. 864.) - § 242. Classification of cierks—The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third. and fourth classes. (R. S. § 163.) - (R. S. § 164. Superseded.} - This section provided that no clerk should be appointed in any Department in either of the four classes above des- ignated, until he had been examined and found qualified by a board of three examiners, to be constituted as pre- scribed therein. It was practically superseded by the Civil Service Act Jan. 16, 1883, c. 27, post, $$ 3271–3282. A system of efficiency ratings for the classified service in the several Executive Departments was required to be es- . tablished by the Civil Service Commission, and all promo- tions, demotions, or dismissals were to be governed by provisions of the civil service rules, by Act Aug. 23, 1912, c. 350, § 4, post, $ 3275. $ 243. Women clerks—Women may, in the dis- |cretion of the head of any Department, be appointed to any of the . Clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. (R. S. § 165.) ! § 244. Distribution of clerks—Each head of a Department may, from time to time, alter the dis- tribution among the various bureaus and offices of his Department, of the clerks and other employees al- lowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder Shall be made by written order of the head of the Department, and in no case be for a period of time exceeding one hun- dred and twenty days. Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the Department, in each particular case, for periods of not exceeding one hun- dred and twenty days. All details heretofore made are hereby revoked, but may be renewed as provided herein. (R. S. § 166, amended, May 28, 1896, c. 252, § 3, 29 Stat. 179.) § 245. Diminution or increase of number of clerks—Whenever, in the judgment of the head of any department, the duties assigned to a clerk Of One class can be as well performed by a clerk of a lower class or by a female Clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the Clerks of the lower grade within the limit of the total appropriation for such clerical service: Provided, That in making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the |United States and the widows and orphans of de- ceased soldiers and sailors. (Aug. 15, 1876, c. 287, § 3, 19 Stat. 169.) § 246. Salaries of clerks and employés—The annual salaries of clerks and employés in the Depart- ments, whose compensation is not otherwise prescrib- ed, shall be as follows: First. To clerks of the fourth class, eighteen hun- dred dollars. Second. To clerks of the third class, sixteen hun- dred dollars. - Third. TO Clerks of the Second class, fourteen hun- dred dollars. & Fourth. To clerks of the first class, twelve hun- dred dollars. Fifth. To the women employed in duties of a cleri- cal character, subordinate to those assigned to clerks of the first class, including copyists and counters, or to clerks of that class. temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dollars. Eighth. To laborers, seven hundred and twenty dollars. Ninth. To watchmen, seven hundred and twenty dollars. (R. S. § 167.) See Act March 3, 1917, c. 163, § 1, 39 Stat. 1070, for enu- meration of clerks and employés and their compensation. § 247. Temporary clerks—Except when a differ- ent compensation is expressly prescribed by law, any Clerk temporarily employed to perform the same Orº similar duties with those belonging to clerks of ei- ther Class, is entitled to the same salary as is allowed (R. S. § 168.) § 248. Authority to ermploy clerks and other employés—Each head of a Department is authorized to employ in his Department such number of clerks Of the several classes recognized by law, and such messengers, assistant messengers, COpyists, Watchmen, laborers, and other employés, and at such rates of Compensation, respectively, as may be appropriated for by Congress from year to year. (R. S., § 169.) § 249. Officers, clerks, and employés only as specifically appropriated for; details prohibited —That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall after the first day of October next be employed in any of the executive de- partments, or Subordinate bureaus Or offices thereof at the seat of government, except only at such rates and in such numbers, respectively, as may be specifical- ly appropriated for by Congress for such clerical and Other personal Services for each fiscal year; and no ‘civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or Other employee shall hereafter be employed at the seat of government in any executive department or sub- Ordinate bureau or Office thereof Or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employ- ment is authorized and payment therefor specifically provided in the law granting the appropriation, and then Only for Services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of Com- pensation usual and proper for such services, and after the first day of October next section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provi- Sions of this act, and all laws and parts of laws au- thorizing the employment of officers, clerks, draughts- men, copyists, messengers, assistant messengers, me- chanics, watchmen, laborers, or other employees at a different rate Of pay Or in excess of the numbers au- thorized by appropriations made by Congress, be and they are hereby, repealed ; and thereafter all details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia, for duty within the District of Columbia, except tempo- rary details for duty connected with their respective offices, be, and are hereby, prohibited ; and thereafter all moneys accruing from lapsed salaries, or from un- used appropriations for salaries, shall be covered into the Treasury: * * * and nothing herein shall be Construed to repeal or modify section one hundred and Sixty-six of the Revised Statutes Of the United States. (Aug. 5, 1882, c. 389, § 4, 22 Stat. 255.) Other provisions as to details or transfers of clerks, etc., see §§ 229, 251-252a, 317, 365, 366, 938, 939, 3225. § 250. Violation of preceding section; pun- ishment—Any person violating section four of the legislative, executive, and judicial appropriation Act approved August fifth, eighteen hundred and eighty- two (Statutes at Large, volume twºnty-two, page two hundred and fifty-five), Shall be summarily removed from Office, and may also upon COnviction thereof be 3 251 (Tit. 4 ExECUTIVE DEPARTMENTs - punished by a fine of not more than one thousand dol- lars or by imprisonment for not more than one year. (Aug. 23, 1912, c. 350, § 5, 37 Stat. 414.) § 251. Transfers from one Department to an- other—It shall not be lawful hereafter for any Clerk or other employee in the classified service in any of the Executive Departments to be transferred from One Department to another Department until Such Clerk or other employee shall have served for a term Of three years in the Department from which he desires to be transferred. (June 22, 1906, c. 3514, § 5, 34 Stat. 449.) § 251a. Transfers of clerks from executive die- partments to independent establishments—Sec- tion five of the Act of June twenty-second, nineteen . hundred and six, prohibiting the transfer of employees from one executive department to another, Shall ap- ply with equal force and effect to the transfer of em- ployees from executive departments to independent eS- tablishments and vice versa and to the transfer of employees from one independent establishment to an- other: Provided, That the United States Shipping Board Emergency Fleet Corporation shall be consid- ered a Government establishment for the purposes of this section. (Oct. 6, 1917, c. 79, § 6, 40 Stat. 383.) § 251b. Employment of employés of execu- tive departments, in other executive departments, at increased compensation—No civil employee in any of the executive departments or other Government establishments or who has been employed therein With- in the period of one year next preceding his proposed employment in any other executive department Or Oth- er Government establishment shall be employed here- after and paid from a lump-sum appropriation in any Other executive department or other Government eS- tablishment at an increased rate of compensation. And no civil employee in any of the executive de- partments or other Government establishments Or Who has been employed therein within the period of One year next preceding his proposed employment in any other executive department or other Government es- tablishment and who may be employed in another executive department or other Government establish- ment shall be granted an increase in compensation within the period of one year following such reem- ployment: Provided, That the United States Shipping Board Emergency Fleet Corporation shall be consid- ered a Government establishment for the purposes of this section: Provided further, That this section shall not be construed to repeal Section five Of the Act Of June twenty-second, nineteen hundred and six, which prohibits the transfer of employees from one depart- ment to another. (Oct. 6, 1917, c. 79, § 7, 40 Stat. 383.) § 25 le. Branches of Government of District of Columbia, as government establishments-- All branches of the government of the District of Co- lumbia Shall be considered a governmental establish- ment for the purposes of section seven Of the deficien- cy appropriation Act, approved October sixth, nineteen hundred and seventeen. (March 28, 1918, c. 28, § 2, 40 Stat.) - § 252. Details of civil officers, duty in De- partment in District of Columbia—Hereafter it shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or employed under or paid from appropriations made for the military or naval establishments, Or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details are now specially provided by law, for duty in any bureau, office, or other division of any Execu- tive Department in the District of Columbia, except temporary details for duty connected with their re- spective offices. (June 22, 1906, c. 3514, § 6, 34 Stat. 449.) § 252a. ice at Washington for service outside District— That in expending appropriations made in this Act persons in the classified service at Washington, Dis- [Page 40] . Details of persons in classified serv- trict of Columbia, shall not be detailed for service, outside of the District of Columbia except for or in connection with work pertaining directly to the serv- ice at the Seat of government Of the department Or other Government establishment from which the de- tail is made: Provided, That nothing in this section shall be deemed to apply to the investigation of any matter or the preparation, prosecution, or defense of any suit by the Department of Justice. (March 3, 1917, c. 163, § 5, 39 Stat. 1121.) § 253. Extra compensation to clerks—No mon- ey shall be paid to any clerk employed in either De- partment at an annual salary, as compensation for ex- tra Services, unless expressly authorized by law. (R. S. § 170.) § 254. Restriction on employing extra clerks— No extra clerk shall be employed in any Department, Bureau, or Office, at the seat of Government, except during the session of Congress, or when indispensably necessary in answering some call made by either House of Congress at one session to be answered at another; nor then, except by order of the head of the Department in which, or in some Bureau or office Of which, Such extra clerk shall be employed. And no extra clerk employed in either of the Departments shall receive compensation except for time actually and necessarily employed, nor any greater compensa- tion than three dollars a day for copying, or four dol- lars a day for any other service. (R. S. § 171.) See § 249. . . . (R. S. § 172. Repealed.) - , This section merely prohibited the employment or pay- ment of a messenger, etc., or other subordinate assistant, in any Department, etc., “unless such employment is au- . thorized by law, or is necessary to carry into effect some object, for which an appropriation has been specifically made.” . It was repealed by Act Aug. 5, 1882, c. 389, § 4, ante, § 249. - § 255. Supervision of subordinate clerks- Each chief clerk in the several Departments, and Bu- reaus, and Other Offices connected with the Depart- ments, shall supervise, under the direction of his im- mediate Superior, the duties of the other clerks there- in, and see that they are faithfully performed. (R. S. § 173.) - § 256. Distribution of duties—Each chief Clerk shall take Care, from time to time, that the duties of the other clerks are distributed with equality and uni- formity, according to the nature of the case. He shall revise such distribution from time to time, for the purpose Of correcting any tendency to undue accumu- lation or reduction of duties, whether arising from in- dividual negligence or incapacity, or from increase Or diminution of particular kinds of business. And he shall report monthly to his superior officer any ex- isting defect that he may be aware of in the arrange- ment or dispatch of business. (R. S. § 174.) § 257. Duty of chief on receipt of report— Each head of a Department, chief of a Bureau, or oth- er superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the pre- Ceding Section, examine the facts stated therein, and take such measures, in the exercise of the powers con- ferred upon him by law, as may be necessary and prop- er to amend any existing defects in the arrangement or dispatch of business disclosed by such report. (R. S. § 175.) - § 258. Disbursing clerks—The disbursing clerks authorized by law in the Several Departments shall be appointed by the heads of the respective Departments, from Clerks Of the fourth Class ; and shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary Of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed SO to do Tit. 4) & 270 EXECUTIVE DEPARTMENTS IPage 411 by the head of the Department, superintend the build- ing occupied by his Department. clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year. (R. S. § 176.) . - Further, as to disbursing clerks, see §§ 275, 290, 314, 352, 410, 420a, 526, 572, 614, 669, 6612-6623. § 259. Vacancies; temporarily filling—In Cà Se of the death, resignation, absence, or Sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the Presi- dent, as provided by section one hundred and Seventy- nine, perform the duties of such head until a Suc- cessor is appointed, or such absence or sickness shall cease. (R. S. § 177.) - § 260. Vacancies in subordinate offices-In Case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, Whose appointment is not vested in the head of the Depart- ment, the assistant or deputy of such chief or of Such officer, or if there be none, then the chief Clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and ... seventy-nine, perform the duties of such chief or of such officer until a successor is appointed Or Such absence or sickness shall cease. (R. S. § 178.) § 261. Discretionary authority of President- In any of the cases mentioned in the two preceding sections, except the death, resignation, absence, or sick- ness of the Attorney-General, the President may, in his discretion, authorize and direct the head Of any other Department or any other officer in either De- partment, whose appointment is vested in the Presi- dent, by and with the advice and consent of the Sen- ate, to perform the duties of the vacant Office until a successor is appointed, or the sickness or absence of the incumbent shall cease. (R. S. § 179.) § 262. Temporary appointments limited-A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding Sec. tions for a longer period than thirty days. (R. S. § 180, amended, Feb. 6, 1891, c. 113, 26 Stat. 733.) § 263. Restriction on temporary appoint- ments—No temporary appointment, designation, Or as- signment of one officer to perform the duties of an- other, in the cases covered by sections one hundred and seventy-seven and one hundred and seventy-eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. (R. S. § 181.) . § 264. Extra compensation disallowed—An Of- ficer performing the duties of another office, during a vacancy, as authorized by sections One hundred and seventy-seven, one hundred and seventy-eight, and One hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attach- ed to his proper office. (R. S. § 182.) . * , § 265. Oaths to witnesses—Any officer or clerk of any of the departments lawfully detailed to inves- tigate frauds on, or attempts to defraud, the govern- ment, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps or Revenue-Cutter Service, detailed to conduct an investigation, and the recorder, and if there bé none the presiding officer, of any mili- tary, naval, or Revenue-Cutter Service board appoint- ed for such purpose, shall have authority to admin- ister an oath to any witness attending to testify or depose in the course of such investigation. (R. S. § 183, amended, March 2, 1901, c. 809, § 3, 31 Stat. 951, Feb. 13, 1911, c. 43, 36 Stat. 898.) § 266. Subpoenas to witnesses—Any head of a Department or Bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a Witness being within the jurisdiction of Such Each disbursing . Claim. | Courts Of the United States. - - $ 268s such facts, information, and proofs. court, to appear at a time and place in the subpoena stated, before any officer authorized to take deposi- tions to be used in the courts of the United States, there to give full and true answers to such Written interrogatories and cross-interrogatories as may be submitted with the application, or to be Orally ex- amined and cross-examined upon the Subject of Such (R. S. § 184.) * - § 267. Witnesses’ fees—Witnesses subpoenaed pursuant to the preceding section shall be allowed the same compensation as is allowed Witnesses in the (R. S. § 185.) Compelling testimony—If any Witness, after being duly served with such subpoena, neglectS or refuses to appear, or, appearing, refuses to tes- tify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedience to the subpoena, or to punish the disobedi- ence, in like manner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. (R. S. § 186.) - . § 269. Professional assistance—Whenever an head of a Department or Bureau having made ap- plication pursuant to section one hundred and eighty- four, for a subpoena to procure the attendance of a witness to be examined, is of Opinion that the inter- ests of the United States require the attendance of counsel at the examination, or require legal investi- gation. Of any Claim pending in his Department Or Bu- reau, he shall give notice thereof to the Attorney-Gen- eral and of all facts necessary to enable the Attorney- General to furnish proper professional service in at- tending such examination, or making such investiga- tion, and it shall be the duty of the Attorney-General to provide for such service. (R. S. § 187.) - § 270. Evidence furnished by Departments in suits in Court of Claims—In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer au- thorized to adjust it, the Attorney-General shall trans- mit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a re- quest that the Department, Bureau, or officer, shall furnish to the Attorney-General all facts, circumstanc- es, and evidence touching the claim in the possession Or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the At- torney-General with a full statement, in writing, of all - The statement shall contain a reference to or description of all such Official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the De- partment, Bureau, or officer, the statement shall suc- cinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpreta- tion or construction has been given to such act, sec- tion, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the state- ment, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the Opinion of the De- partment, Bureau, or officer transmitting such state- ment, any bearing upon the claim in Suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same & 271 (Tit. 4 EXECUTIVE DEPARTMENTS [Page 42] facts, circumstances, and proofs, the Department, Bu- reau, or officer shall only be required to certify and transmit one statement of the same, and Such state- ment shall be held to apply to all such cases, as if made out, certified, and transmitted in each Case re- spectively. (R. S. § 188.) § 271. Attorneys or counsel—No head of a De- partment shall employ attorneys or Counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the Officers of which shall attend to the same. (R. S. § 189.) § 272. Exofficers not to prosecute claims in Departments—It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employé in any of the Departments, to act as Coun- sel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, Or employé, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such Of- ficer, clerk, or employé. (R. S. § 190.) § 272a. Advertising practice before depart- ments or office of Government—It shall be unlaw- ful for any person, firm, or corporation practicing be- fore any department or office of the Government to use the name of any Member of either House of Con- gress or of any officer of the Government in adver- tising the said business. (April 27, 1916, c. 89, § 1, 39 Stat. 54.) (R. S. § 191. Repealed.) This section made the balances stated and certified by the officers of the Treasury Department conclusive on the executive branch of the Government. Different provisions on the same subject form part of section 8 of the Dockery Act of July 31, 1894, c. 174, post, § 425, by which this sec- tion was repealed. § 273. Expenditures for newspapers—The amount expended in any one year for newspapers, for any Department, except the Department of State, in- cluding all the Bureaus and offices connected there- with, shall not exceed one hundred dollars. (R. S. § 192, amended, June 22, 1906, c. 3514, § 7, 34 Stat. 449.) § 274. Expenditures for transportation of re- mains of deeeased employés—Hereafter the heads of Departments shall not authorize any expenditure in connection with transportation of remains of de- ceased employees, except when otherwise Specifically provided by law. (June 7, 1897, c. 3, § 1, 30 Stat. 86.) § 275. Annual reports of expenditure of com- tingent funds—The head of each Department Shall make an annual report to Congress, giving a detailed statement Of the manner in which the COntingent fund for his Department, and for the Bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid ; and if for anything furnished, the quantity and price; and if for any service rendered, the na- ture of Such Service, and the time employed, and the particular Occasion or cause, in brief, that rendered Such service necessary ; and the amount Of all for- mer appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer Or agent. And he shall require of the disbursing Of- ficers, acting under his direction and authority, the return of precise and analytical statements and re- Ceipts for all the moneys which may have been from time to time during the next preceding year ex- pended by them, and shall communicate the re- Sults Of Such returns and the Sums total, annually, to Congress. (R. S. § 193.) § 276. Reports of expenditure for contingent expenses of sub-treasuries—Hereafter a detailed Statement of the expenditure for the preceding fiscal year of all sums appropriated for contingent expens- es of the Independent Treasury, or in any department or bureau of the Government shall be presented to Congress at the beginning of each regular Session. (March 3, 1877, c. 102, § 1, 19 Stat. 306.) § 277. Reports of traveling expenses of offi- cers and employés at Washington—It shall be the duty of the head of each Executive Department and other Government establishment at Washington to Submit to Congress at the beginning of each regular session a statement showing in detail what officers or employees (other than special agents, inspectors, Or employees, who in the discharge of their regular dil- ties are required to constantly travel) of such Execu- tive Department or Other GOvernment establishment have traveled on Official business from Washingtoll to points outside of the District of Columbia during the preceding fiscal year, giving in each case the full title of the official or employee, the destination or destinations of such travel, the business or Work On account of which the same was made, and the to- tal expense to the United States charged in each case. (May 22, 1908, c. 186, § 4, 35 Stat. 244.) (R. S. § 194. Repealed.) - This section required an annual report by the head of each Department as to the clerks, etc., employed in the Department. Statements as to such matters in the annual Book of Estimates were required by other provisions of the act repealing this section, Act March 2, 1895, c. 177, § 7, post, § 6680. Reports by heads of departments in the annual esti- mates as to inefficient employés were also required by Act July 11, 1890, c. 667, § 2, post, § 6679. § 278. Time of making annual reports—EXCept where a different time is expressly prescribed by law, the various annual reports required to be submitted to Congress by the heads of Departments shall be made at the commencement of each regular Session, and shall embrace the transactions of the preceding year. (R. S. § 195.) § 279. Department, reports; furnishing to printer—The head of each Department, except the Department of Justice, shall furnish to the Congres- sional Printer copies of the documents usually a C- companying his annual report, on or before the first day of November in each year, and a copy of his an- nual report on or before the third Monday of No- vember in each year. (R. S. § 196.) § 279a. Copy for annual reports and accorºl- panying documents—Appropriations herein and hereafter made for printing and binding shall not be used for any annual report or the accompanying doc- uments unless the copy therefor is furnished to the Public Printer in the following manner: Copies of the documents accompanying such annual reports On Or before the fifteenth day of October of each year; copies of the annual reports on or before the fifteenth day of November of each year; complete revised proofs of the accompanying documents and the all- nual reports on the tenth and twentieth days Of NO- vember of each year, respectively; and all of said an- nual reports and accompanying documents shall be printed, made public, and available for distribution not later than within the first five days after the assembling of each regular session of Congress. The provisions of this section shall not apply to the annual reports of the Smithsonian Institution, the Commis- sioner of Patents or the Comptroller of the Currency. (July 1, 1916, c. 209, § 3, 39 Stat. 336.) § 280. Inventories of property—The Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney-Gell- eral, and Commissioner Of Agriculture Shall keep, in proper books, a complete inventory Of all the prop- erty belonging to the United States in the buildings, rooms, Offices, and grounds occupied by them, respec- tively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subsequently to the taking of such inven- tory, as well as an account of the sale or other dis- position of any of Such property, except supplies of stationery and fuel in the public offices and books, pamphlets, and papers in the Library of Congress, Tit. 4) 4 283f EXECUTIVE DEPARTMENTS [Page 431 (R. S. § 197, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) (R. S. § 198. Superseded.) This section required the head of each Department, in each year in which a new Congress is to assemble, to cause to be filed in the Department of the Interior a list of all officers, agents, clerks, and employés employed in his Department, etc., including statistics required to enable the Secretary of the Interior to prepare the Biennial Reg- ister. The time to which the lists should be made up, and the time when they should be filed, were prescribed by Act Dec. 15, 1877, c. 4, § 2, 20 Stat. 13, amended by Act June 16, 1880, c. 235, § 1, 21 Stat. 275. All these provisions, and those of R. S. . §§ 510, 511, relating to the preparation and distribution of the Biennial Register, were superseded by Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, pars. 63–68, post, $ 7092. In such subsequent provisions the Biennial Register was designated as the Official Register. The Director of the Census was directed to edit, index, and publish the Official Register, and the provisions im- posing that duty upon the Secretary of the Interior were repealed, by provisions of Act March 6, 1902, c. 139, § 7, as amended by Act June 7, 1906, c. 3048, post, § 912. § 281. Transfer of miscellaneous books to District Public Library—Any books of a miscel- laneous character no longer required for the use of such department, bureau, or commission, and not deemed an advisable addition to the Library of Coll- gress, shall, if appropriate to the uses of the Free Public Library of the District of Columbia, be turn- ed over to that library for general use as a part there- of. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 865.) § 282. Disposition of useless papers—Whenever there shall be in any one of the Executive Depart- ments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such Depart- ment and have no permanent value or historical in- terest, it shall be the duty of the head of Such De- partment to submit to Congress a report of that fact, accompanied by a concise statement of the Con- dition and character of such papers. And upon the Submission of such report, it shall be the duty of the presiding officer of the Senate to ap- point two Senators, and Of the Speaker of the House of Representatives to appoint two Representatives, and the Senators and Representatives so appointed shall Constitute a joint Committee, to Which shall be referred such report, with the accompanying State- ment of the condition and Character Of Such papers, and such joint Committee shall meet and examine such report and statement and the papers therein de- scribed, and Submit to the Senate and House, respec- tively, a report Of Such examination and their recom- Imendation. And if they report that such files of papers, or any part thereof are not needed or useful in the trans- action of the current business of Such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Depart- ment to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms aft- er due publication of notice inviting proposals there- for, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. (Feb. 16, 1889, c. 171, 25 Stat. 672.) § 283. Same-That the Act entitled “An Act to authorize and provide for the disposition of useless papers in the Executive Department,” approved Feb- ruary sixteenth, eighteen hundred and eighty-nine, be, and the same is hereby, amended so as to include in its provisions any accumulation of files of papers Of a like Character therein described now or hereafter in the various public buildings under the control of the Several Executive Departments Of the Govern- ment. (March 2, 1895, c. 189, § 1, 28 Stat. 933.) § 283a. Co-ordination of executive agencies— For the national security and defense, for the Success- ful prosecution of the war, for the support and main- tenance of the Army and Navy, for the better utiliza- tion of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander in Chief Of the land and naval forces the President is hereby authorized to make such redistribution of functions among executive agencies as he may deem necessary, including any functions, duties, and powers hitherto by law conferred upon any executive department, Com- mission, bureau, agency, office, or officer, in Such man- ner as in his judgment shall seem best fitted to Carry out the purposes of this Act, and to this end is au- thorized to make such regulations and to issue Such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and Constitute a public record: Provided, That this Act shall remain in force during the continuance of the present War and for six months after the termination of the War by the proclamation of the treaty of peace, or at Such earlier time as the President may designate: Pro- vided further, That the termination of this Act shall not affect any act done or any right or obligation a C- cruing or accrued pursuant to this Act and during the time that this Act is in force: Provided further, That the authority by this Act granted shall be ex- ercised only in matters relating to the conduct of the present war. (May 20, 1918, c. 78, § 1, 40 Stat.) § 283b. Transfer of personnel or duties—In carrying out the purposes of this Act the President is authorized to utilize, coordinate, or Consolidate any executive or administrative commissions, bureaus, agencies, offices, or officers now existing by law, to transfer any duties or powers from one existing de- partment, commission, bureau, agency, office, Or Of- ficer to another, to transfer the personnel thereof Or any part of it either by detail or assignment, together with the whole or any part of the records and public property belonging thereto. (May 20, 1918, c. 78, § 2, 40 Stat.) § 283e. Executive agency for control of aero- planes—The President is further authorized to as- tablish an executive agency which may exercise such jurisdiction and control over the production of aero- planes, aeroplane engines, and aircraft equipment as in his judgment may be advantageous; and, further, to transfer to Such agency, for its use, all or any moneys heretofore appropriated for the production of aero- planes, aeroplane engines, and aircraft equipment. (May 20, 1918, c. 78, § 3, 40 Stat.) § 283d. Expenditure of appropriations—For the purpose of carrying out the provisions of this Act, any moneys heretofore and hereafter appropriated for the use of any executive department, commission, bu- reau, agency, office, or officer shall be expended only for the purposes for which it was appropriated under the direction of such other agency as may be directed by the President hereunder to perform and execute said function. (May 20, 1918, c. 78, § 4, 40 Stat.) § 283e. Abolition of bureaus–Should the Pres- ident, in redistributing the functions among the ex- ecutive agencies as provided in this Act, conclude that any bureau should be abolished and it or their duties and functions conferred upon some other department or bureau or eliminated entirely, he shall report his conclusions to Congress with such recommendations as he may deem proper. (May 20, 1918, c. 78, § 5, 40 Stat.) - § 283f. Acts suspended; termination of act— All laws or parts of laws conflicting with the provisions of this Act are to the extent of Such conflict suspend- ed while this Act is in force. Upon the termination of this Act all executive or ad- ministrative agencies, departments, Commissions, bu- reaus, Offices, or officers shall exercise the same func- tions, duties, and powers as heretofore or as hereafter by law may be provided, any authorization of the President under this Act to the contrary notwithstand. ing. (May 20, 1918, c. 78, § 6, 40 Stat.) TITLE V: THE DEPARTMENT OF STATE 284. Establishment of Department. 285. Salary of Secretary of State. 286. Same. 287. Same. 288. Assistant and Second Assistant Secretaries of State. 289. Third Assistant Secretary of State. 290. Subordinate officers. 291. Chief of Bureau of Accounts as disbursing clerk. 292. Information as to work of Department of Commerce. . 293. Foreign trade relations. 294. Assistant solicitors. 295. Law clerk to edit laws. 296. [Omitted.] 297. Salaries of Secretary, Assistant Secretaries. 298. Distribution of duties of officers, clerks, and employés. 299. Personal services other than those provided for. 300. Management of foreign affairs. 301. Custody of seals and property. 302. Promulgation of laws. 303. Amendments to Constitution. 304. State statutes to be procured. 305. Report of returns of collectors and foreign agents. 306. Reports of information relating to commerce. 307. Statement of expenditures from contingent fund. 308. Copies of acts and treaties furnished to printer. 309. Passports. 310. Fees for copies of records. § 284. Establishment of Department—There shall be at the seat of Government an Executive De- partment to be known as the Department of State, and a Secretary of State, who shall be the head thereof. (R. S. § 199.) - $ 285. Salary of Secretary of State—That sec- tion four Of the Act entitled “An Act making appro- priations for the legislative, executive, and judicial expenses of the Government for the fiscal year end- ing June thirtieth, nineteen hundred and eight, and for other purposes,” approved February twenty-sixth, nineteen hundred and seven, fixing the annual. Com- pensation of heads of executive departments, be, and the same is hereby, repealed in so far as the same relates to the annual compensation of the Secretary of State; and the annual compensation of the Secre- tary of State shall be at the rate of eight thousand dollars. (Feb. 17, 1909, c. 137, § 1, 35 Stat. 626.) Further, as to salary of Secretary of State, see §§ 36, 286, 287, 297. & § 286. Same—On and after March fourth, nine- teen hundred and nine, there shall be no emoluments attached to the Office Of Secretary of State Other than those which by the law in force on the first day of May, nineteen hundred and four, belonged and were then attached to said office. (Feb. 17, 1909, c. 137, § 2, 35 Stat. 626.) § 287. Same—For compensation of the Secretary of State, eight thousand dollars, and the annual compensation of the Secretary of State, including all emoluments or allowances fixed by law, except such as were fixed by law prior to the twenty-sixth day of February, nineteen hundred and seven, after the third day Of March, nineteen hundred and nine, is hereby fixed at eight thousand dollars, and all laws or parts of laws providing different compensa- tion, emoluments, or allowances, are hereby repealed, to take effect on the third day of March, nineteen hundred and nine. (March 4, 1909, c. 297, § 1, 35 Stat. 861.) § 288. Assistant and Second Assistant Secre- taries of State—There shall be in the Department of State an Assistant Secretary of State, and a Sec- ond Assistant Secretary of State, each of whom shall be appointed by the President, by and with the ad- vice and Consent of the Senate, and shall be entitled to a salary of [six thousand dollars] a year, to be paid monthly. (R. S. § 200.) Further, as to compensation of Assistant Secretaries, See §§ 289, 297 § 289. Third Assistant Secretary of State—For compensation of * * two Assistant Secretaries of State, at three thousand five hundred dollars each ; and One additional Assistant Secretary of State, with like compensation, to be appointed by the President, by and with the advice and consent of the Senate, to be known as the Third Assistant Secretary of State. (June 20, 1874, c. 328, § 1, 18 Stat. 90.) § 290. Subordinate officers—There shall be in the Department of State: One chief clerk, at a salary of two thousand five hundred dollars a year. - Two chiefs of the Diplomatic Bureaus, at a salary Of two thousand four hundred dollars a year, each. TWO Chiefs of the Consular Bureaus, at a salary of tWO thousand four hundred dollars a year, each. Chief of the Bureau of Accounts, at a salary of two thousand four hundred dollars a year. Chief of the Bureau of Indexes and Archives, at a Salary Of two thousand four hundred dollars a year. One disbursing clerk. (R. S. § 201.) & Enumeration of officers and employés of State Depart- ment, and their compensation, see § 297. § 291. Chief of Bureau of Accounts as dis- Thursing clerk—The chief of the Bureau of Accounts may be appointed by the head of the Department dis- bursing-clerk of the Department of State. (March 3, 1875, c. 129, § 1, 18 Stat. 349.) § 292. Information as to work of Department of Commerce—A person, to be designated by the Sec- retary of State, shall be appointed to formulate, un- der his direction, for the instruction of consular of. ficers, the requests of the Secretary of Commerce and Labor; and to prepare from the dispatches of Con- Sular Officers, for transmission to the Secretary of Commerce and Labor, such information as pertains to the Work of the Department of Commerce and La- bOr; and Such perSOn shall have the rank and Salary Of a chief of bureau, and be furnished with Such Clerical assistants as may from time to time be au- thorized by law. (Feb. 14, 1903, c. 552, § 11, 32 Stat. 830.) § 293. Foreign trade relations—Foreign trade and treaty relations: For defraying the necessary expenses incurred in connection with foreign trade . relations which come within the jurisdiction of the Department Of State, under tariff legislation and Otherwise, and in the negotiation, and preparation of treaties, arrangements, and agreements for the ad- Vancement Of Commercial and Other interests of the United States, and for the maintenance of a division Of far eastern affairs in the Department of State, including the payment of necessary employees, at the Seat Of government Or elsewhere, to be selected, and their compensation fixed, by the Secretary of State and to be expended under his direction, fiscal year nineteen hundred and ten, One hundred thousand dollars. A detailed statement showing expenditures, including Salaries Or rates of Compensation paid, un- der this appropriation shall be reported to Congress by the Secretary Of State on the first day of each regular Session ; and estimates for further appro- priations hereunder Shall include in detail salaries for all persons to be employed and paid in the De- partment of State at Washington, District of Colum- bia. (Aug. 5, 1909, c. 7, 36 Stat. 119.) § 294. Assistant Solicitors—TWO assistant SO- licitors Of the Department Of State, to be appointed by the Secretary of State, at three thousand dollars each. (June 22, 1906, c. 3514, § 1, 34 Stat. 402.) See § 297. § 295. Law clerk to edit laws—Law Clerk, and assistant, to be selected and appointed by the Secre- tary of State, to edit the laws of Congress and per- form such other duties as may be required of them, at two thousand five hundred dollars and One thousand five hundred dollars, respectively. (Feb. 25, 1903, C. 755, § 1, 32 Stat. 866.) § 296. [Omitted.] A provision of Act March 2, 1909, c. 235, 35 Stat. 675, making appropriation for two clerks in State Department, charged with the distribution of information among dip- lomatic missions, which was omitted from recent appropri- ation acts, and therefore omitted from this compilation. [Page 441 Tit. 5) 3 307 DEPARTMENT OF STATE [Page 45I § 297. Salaries of Secretary, Assistant Secre- taries—For Secretary of State, $12,000; Assistant Secretary, $5,000; Second and Third Assistant Secre- taries, at $4,500 each ; Director Of the Consular Serv- ice, $4,500 ; Counselor for the department, to be ap- pointed by the President, by and with the advice and Consent of the Senate, $7,500; officers to aid in im- portant drafting work—four at $4,500 each, four at $3,000 each, to be appointed by the Secretary, any One Of Whom may be employed as Chief of division of far eastern, Latin American, near eastern, or European affairs, or upon other work in connection With foreign relations; three assistant solicitors of the department, to be appointed by the Secretary, at $3,000 each; chief clerk, who shall sign such official papers and documents as the Secretary may direct, $3,000; law clerk, $2,500; law clerk and assistant, to be selected and appointed by the Secretary, to edit the laws of Congress and perform such other duties as may be required of them, at $2,500 and $1,500, respectively; chiefs of bureaus—two at $2,250 each, five at $2,100 each; two translators, at $2,100 each ; additional to. Chief Of BIII'eau of ACCOUInts as disburs- ing clerk, $200 ; private secretary to the Secretary, $2,500; clerk to the Secretary, $1,800. * * For the following additional force: Officer to aid in important drafting work, $2,500; assistant solici- tor, $2,500; two law clerks, at $2,000 each. * * For the following further additional force: Officers to aid in important drafting work—one $4,500, One $2,500, to be appointed by the Secretary; assistant Solicitor Of the department, to be appointed by the Secretary, $2,500; law clerks—two at $2,250 each; one $2,000, to be appointed by the Secretary. * * (March 3, 1917, c. 163, § 1, 39 Stat. 1082.) § 298. Distribution of duties of officers, clerks, and employés—That the Secretary Of State may pre- scribe duties for the Assistant Secretaries, the Solici- tor, not interfering with his duties as an officer of the Department Of Justice, and the Clerks Of Bu- reaus, as well as for all the Other employés in the Department, and may make Changes and transfers therein. When, in his judgment, it becomes necessary. (June 20, 1874, c. 328, § 1, 18 Stat. 90.) § 299. Personal services other than those provided for--Hereafter there shall not be employ- ed in the Department of State Or in Connection with said Department in the District of Columbia any per- sonal services other than those which shall be specifi- cally authorized or appropriated for. (June 22, 1906, c. 3514, § 1, 34 Stat. 402.) § 300. Management of foreign affairs—The Secretary of State shall perform such duties as shall from time to time be enjoined on Or intrusted to him by the President relative to correspondences, Com- missions, or instructions to Or with public ministers or COnsuls from the United States, or to negotiations with public ministers from foreign states or princes, Or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President Of the United States shall assign to the Department, and he shall Conduct the business Of the Department in Such manner as the President shall direct. (R. S. § 202.) § 301. Custody of seals and property—The Secretary of State shall have the custody and charge Of the Seal Of the United States, and of the Seal of the Department of State, and of all the books, rec- Ords, papers, furniture, fixtures, and other property now remaining in and appertaining to the Department, or hereafter acquired for it. (R. S. § 203.) § 302. Promulgation of laws—Whenever a bill, Order, resolution. Or vote Of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Secretary of State from the President; and whenever a bill, order, resolu. tion or vote is returned by the President with his ob- jections, and, On being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses Of Congress, and thereby becomes a law or takes ef- fect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the HOuSe Of Representatives in whichsoever House it shall last have been so approved, and he shall care- fully preserve the originals. (R. S. § 204, amended, Dec. 28, 1874, c. 9, § 2, 18 Stat. 294.) § 303. Ameridiments to Constitution—When- ever Official notice is received at the Department Of State that any amendment proposed to the Constitu- tion. Of the United States has been adopted, a CCOrd- ing to the provisions of the Constitution, the Secre- tary of State shall forthwith cause the amendment to be published in the newspapers authorized to promulgate the laws, with his certificate, specifying the States by which the same may have been adopt- ed, and that the same has become valid, to all intents and purposes, as a part Of the Constitution. Of the United States. (R. S. § 205.) - § 304. State statutes to be procured—The Sec- retary Of State shall procure from time to time such of the Statutes Of the several States as may not be in his Office. (H. S. § 206.) § 3.05. Report of returns of collectors and foreign agents—The Secretary of State, shall lay be- fore Congress, within ten days after the commence- ment of each regular session, a statement COntaining an abstract Of all the returns made to him pursuant to law, by the collectors of the different ports, of the seamen registered by them, together With an a CCOUnt Of Such impressments and detentions as Shall appear by the protests of the masters to have taken place. (R. S. § 207.) § 306. Reports of information relating to commerce—The Secretary of State shall annually lay before COngreSS: First. A statement, in a compendious form, of all Such changes and modifications in the COmmercial SyS- tems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have been communicated to the Department, includ- ing all commercial information contained in the Of- ficial publications of other governments, which he shall deem sufficiently important. Second. A synopsis of so much of the information which may have been communicated to him by diplo- matic and consular officers during the preceding year as he may deem valuable for public information ; specifying the names of any consuls or commercial agents who may have been remiss in transmitting commercial information. Third. A full list. Of all consular Officers. Fourth. A report of any rates or tariffs of fees to be received by diplomatic or consular officers, which may have been prescribed by the President during the year preceding. Fifth. A statement of such fees as may have been collected, accounted for, and reported by the Vari- ous diplomatic and consular Officers during the pre- ceding year. Sixth. A statement of the lists Of passengers arriv- ing in the United States from foreign places, return- ed to him quarter-yearly by the Collectors of customs. Seventh. A statement of the names of any consular officers, not citizens of the United States, to whom salaries have been paid during the year preceding, together with the circumstances under which they were appointed. (R. S. § 208.) See Title XIIa, §§ 859, 867–872. § 307. Statement of expenditures from con- tingent fund—The annual Statement of expenditures from the Contingent fund required to be made by the Secretary of State, must include all the Contingent expenses of foreign intercourse and of all the mis- a 308 (Tit. 5 DEPARTMENT OF STATE IPage 461 sions abroad, except such expenditures as are settled upon the certificate of the President. (R. S. § 209.) § 308. Copies of acts and treaties furnished to printer—The Secretary of State shall furnish to the Congressional Printer a correct copy of every act and joint resolution, as soon as possible after its approv- al by the President, or after it has become a law in accordance with the Constitution without such approv- al; also of every treaty between the United States and any foreign government as soon as possible after it has been duly ratified and has been proclaimed by the President ; and also of every postal convention made between the Postmaster-General, by and With the advice and consent of the President, on the part Of the United States and foreign countries, as soon as possible after Copies of Such conventions have been ºted to him by the Postmaster-General. (R. S. § 309. Passports—The clerk in the Department of State who may from time to time be assigned to the duty of examining applications for passports is au- thorized to receive and attest, but without charge to the affiant, all oaths or affidavits required by law or by the rules of the Department of State to be made before granting passports. (R. S. $ 212.) - § 310. Fees for copies of records—For making Out and authenticating copies of records in the De- partment of State, a fee of ten cents for each sheet containing one hundred words shall be paid by the perSon requesting such copies, except where they are requested by an Officer of the United States in a mat ter relating to his office. (R. S. § 213.) - - Chap. ; B. The Adjutant-General's Office. . . . . . . . . . . . . . . . . . . 336 TITLE VI—THE DEPARTMENT OF waR - - --- - - - Sec. A. The Department and the Secretary of War..... . . .311 Chap. - Sec. C. The Bureau of insular Affairs................. . . . .345 chapter A—The Department and the Secretary of War 311. Establishment of Department. 312. Assistant Secretaries of War. - - 313. Temporary performance of duties of Secretary of War. 314. Subordinate officers. - - 315. Chief clerk authorized to sign papers. 15a. Same. - - - - 316. Detail of clerks and employés in office of General Staff. 817. Assignment of clerks and employés to duty in War De- - partment. - .. 318. Management of military affairs. - 319. Custody of departmental records and property. 320. Collecting flags. 321. Purchase and transportation of supplies. 322. Transportation of troops. - 323. Lost or destroyed certificate of discharge; duplicates. 324. Same. - - 325. Certificates of discharge in true names of persons en- listing or serving under assumed names. 326. Same. 327. Power to administer oaths. 328. Sale of surplus charts. - - 329. Sale of surplus publications of Signal-Office. 330. Disbursements by disbursing officers of Army. 331. Reports of inspections of disbursements. 332. Report of unexpended balances to Congress. . . 833. Annual statement of expenditures for contingent ex- - - - penSeS. - - 334. Report of bids for works. . . Reports of Secretaries of War, Treasury and Navy. 335. Claims for damages to private property from military operations; adjustment. 335a. Same; duties of Auditor for War Department. 335b. Same; presentation and approval. - 335c. Same; laws governing. - - 335i. Same; appropriation available for. 335e. Same; effect of act. - - § 311. Establishment of Department—There shall be at the seat of Government an Executive De- partment to be known as the Department of War, and a Secretary of War, who shall be the head thereof. (R. S. § 214.) - - - $ 312. Assistant Secretaries of War—There shall be in the Department of War an Assistant Sec- retary, a Second Assistant Secretary, and a Third Assistant Secretary, each of whom shall be appoint- ed by the President, by and with the advice and con- sent of the Senate. The Assistant Secretary shall be entitled to a salary of $5,000 per annum, payable monthly, and the Second Assistant Secretary and Third Assistant Secretary shall each be entitled to a salary of $4,500 per annum, payable monthly, and shall perform such duties in the Department of War as shall be prescribed by the Secretary or as may be required by law. (March 5, 1890, c. 26, 26 Stat. 17, amended, April 6, 1918, c. 46, 40 Stat.) § 313. Temporary performance of duties of Secretary of War—The President may authorize and direct the commanding general of the Army or the chief of any military bureau of the War, Depart- ment to perform the duties of the Secretary of War under the provisions of section one hundred and sev- enty-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply. to the officer so des- ignated by reason of his temporarily performing such duties. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 238.) - § 314. Subordinate officers—There shall be in the Department Of War : One chief Clerk of the Department, at a salary of two thousand five hundred dollars a year. One disbursing Clerk. - - Sk :: :: # .:: ::: #:. $: In the office of the Adjutant-General: One chief clerk, at a salary of two thousand dollars a year. - - In the Office of the Quartermaster-General : One chief clerk, at a salary of two thousand dol- lars a year. w - 3% - ::: ::: :: *}; :: . #: 1% In the Office of the Paymaster-General: One chief clerk, at a salary of two thousand dollars a year. - ... . - . . * ::: ::: $: >{: ::: #: . $: In the office of the Commissary-General: One chief clerk, at a salary of two thousand dollars a year. - sk $: $: .2%: $: §: >}: iſ: - In the Office of the Surgeon-General : - One chief clerk, at a salary of two thousand dol- lars a year. - - - - - In the Office of the Chief of Engineers: One Chief clerk, at a salary of two thousand dollars a year. . - - . - In the office of the Chief of Ordnance: One chief clerk, at a salary of two thousand dollars a year. - - .* In the Office of Military Justice: * . . " - One chief clerk, at a salary of two thousand dol- lars a year. - - There shall be in the said Department an inferior officer, to be appointed by the said principal officer to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and Who, Whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody of all rec- ords, books, and papers, appertaining to the said De- partment. (R. S. $ 215, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) - Enumeration of officers and employés of War Depart- ment, and their compensation, see Act March 3, 1917, C. 163, § 1, 39 Stat. 1094. - . . . - Ch. A) 3 327 DEPARTMENT OF WAR § 315. Chief clerk authorized to signe papers— When, from illness or other cause, the Secretary of War.is temporarily absent from the War Department, he may authorize the chief clerk of the Department to Sign requisitions upon the Treasury Department, and other papers requiring the signature of said Sec- retary ; the same, when signed by the chief clerk dul'- ing such temporary absence, to be of the same force and effect as if signed by the Secretary of War him- Self. (March 4, 1874, c. 44, 18 Stat. 19.) § 315a. Same-Office of the Secretary: * * As- Sistant and chief clerk, who shall sign such official papers and documents as the Secretary may direct, $4,000. * * (March 3, 1917, c. 163, § 1, 39 Stat. ~ 1094.) § 316. Detail of clerks and employés in office of General Staff—It shall not hereafter be lawful to detail clerks or other civilian employees authorized for the Office of the General Staff for duty, temporary * Or otherwise, in any office or bureau of the War De- partment at Washington, District of Columbia, or to detail clerks or other employees from the War De- partment for service in the Office of the General Staff. (June 22, 1906, c. 3514, § 1, 34 Stat. 418.) § 317. Assignment of clerks and employés to duty in War Department—No clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty in any bureau in the War Department. (June 15, 1917, c. 29, § 1, 40 Stat. 189.) § 318. Management of military affairs—The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs; and he shall conduct the business of the Department f2." manner as the President shall direct. (R. S. § 319. Custody of departmental records and property—The Secretary of War shall have the cus- tody and charge of all the books, records, papers, fur- niture, fixtures, and other property appertaining to the Department. (R. S. § 217.) - § 320. Collecting flags—The Secretary of War Shall from time to time cause to be collected and transmitted to him, at the seat of Government, all Such flags, standards, and colors as are taken by the Army from the enemies of the United States. (R. S. § 218.) § 321. Purchase and transportation of sup- plies—The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of Supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers thereof respecting such purchases; and Shall prescribe general regulations for the trans- portation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such arti- cles, and for the distribution of an adequate and timely supply of the same to the regimental quarter- masters, and to such other officers as may by virtue Of Such regulations be intrusted with the same ; and shall fix and make reasonable allowances for the store-rent and storage necessary for the safe-keeping of all military stores and supplies. (R. S. § 219.) § 322. Transportation of troops—The trans- portation of troops, munitions of war, equipments, military property, and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. (R. S. § 220.) (R. S. §§ 221–223. Superseded.) - These sections required the Secretary of War to provide for meteorological observations, for giving notice of storms, for signal stations and telegraph lines connecting them, etc. They were superseded by the transfer of the Weather Service to the Department of Agriculture by Act IPage 47.] Oct. 1, 1890, c. 1266, and subsequent statutes, collected un- der Title XII, “The Department of Agriculture,” c. B. Provisions relating to the Signal Corps of the Army, as part of the military establishment, are collected under Title XIV, “The Army,” c. 1. § 323. Lost or destroyed certificate of dis- charge; duplicates—Whenever satisfactory proof is furnished to the War Department that any non-Com- missioned officer or private soldier who served in the Army of the United States in the late war against the rebellion has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such non-COmmissioned officer or private a duplicate of such certificate of discharge, to be indelibly marked, SO that it may be known as a duplicate; but such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. (R. S. § 224.) § 324. Same-Whenever Satisfactory proof shall be furnished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the military service of the United States has lost his certificate of discharge, Or the same has been destroyed without his privity or procurement, the Secretary Of War shall be au- thorized to furnish to Such officer or enlisted man, Or to the widow of such officer or enlisted man, a certifi- . cate of such discharge, to be indelibly marked, so that it may be known as a Certificate in lieu of a lost or destroyed discharge: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States foſt pay, bounty, or other allowance, or as evidence in any other case. (July 1, 1902, c. 1853, 32 Stat. 629.) § 325. Certificates of discharge in true names; of persons enlisting or serving under assumed names—The Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue Certificates of discharge or Order! of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted Or served under assumed names, while minors or otherwise, in the army and navy during the war of the rebellion, the war with Spain, or the Philippine insurrection, and were honorably dis- charged therefrom. Applications for said certificates of discharge or amended Orders of acceptance of resignation may be made by, Or on behalf of, persons; entitled to them ; but no such certificate or Order shall be issued where a name Was a SSU med to COVer a crime or to avoid its consequence. (April 14, 1890, c. 80, 26 Stat. 55, amended, June 25, 1910, c. 393, 36 Stat. 824.) * § 326. Same--That the Secretary of War and the Secretary of the Navy be, and they are hereby, au- thorized and required to issue certificates of dis- Charge or Orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed Inames, while minors Or Otherwise, in the Army Or Navy during any war between the United States and any other nation or people and were honorably discharged therefrom. Applications for said certifi- cates of discharge or amended Orders of resignation may be made by Or on behalf of persons entitled to them, but no such certificate or Order shall be issued where a name was assumed to cover a Crime or to avoid its consequence. (Aug. 22, 1912, C. 329, 37 Stat. 324.) * $ 327. Power to administer oaths—The Secre- tary of War is authorized to detail one or more of the employés of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster’s stores, and Ordnance, which oaths shall be administered without expense to the parties taking them. In settling the accounts of the Commanding officer of a company for & 328 (Tit. DEPARTMENT OF WAR IPage 48I clothing and other military supplies, the affidavit of any Such Officer may be received to show the loss of Vouchers or company books, or any matter or cir- Cumstance tending to prove that any apparent de- ficiency Was Occasioned by unavoidable accident or lost in actual service, without any fault on his part, Or that the whole or any part of such clothing and Supplies had been properly and legally used and ap- propriated ; and such affidavit may be considered as evidence to establish the facts set forth, with Or with- Out other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. (R. S. § 225, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) - § 328. Sale of surplus ebarts—Any surplus Charts of the northwestern lakes may be sold to navigators upon such terms as the Secretary of War may prescribe. (R. S. § 226.) § 329. Sale of surplus publications of Sig- naï-Office—The Chief Signal-Officer may cause to be SOld any Surplus maps Or publications Of the Signal- Office, the money received fherefor to be applied to- ward defraying the expenses of the signal-service ; and an a CCOUnt Of the same Shall be rendered in each annual report of the Chief of the Signal-Service. (R. S. § 227.) § 330. Disbursements by disbursing officers of Army—It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict Conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army Comply with the law in keeping their accounts and making their deposits; such in- quiries to be made by officers of the inspection de- partment of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any Way Connected With the department Or Corps making the disbursement. (April 20, 1874, c. 117, § 1, 18 Stat. 33.) § 331. Reports of inspections of disburse- ments—The reports of such inspections shall be made Out and forwarded to Congress with the annual report of the Secretary of War. (April 20, 1874, c. 117, § 2, 18 Stat. 33.) § 332. Report of unexpended balances to Con- gress—The Secretary of War shall make an annual report to Congress containing a statement of the appropriations of the preceding fiscal year for the Department of War, showing the amount appro- priated under each specific head of appropriation, the amount expended under each head, and the bal- ance which, on the thirtieth day of June preceding such report, remained unexpended. Such reportS shall be accompanied by estimates Of the probable demands which may remain on each appropriation. (R. S. § 228.) § 333. Annual statement of expenditures for contingent expenses—The Secretary of War shall lay before Congress, at the commencement of each regular session, a statement of the expenditure of the moneys appropriated for the contingent expenses Of the military establishment. (R. S. § 229, amended, March 2, 1895, c. 177, § 1, 28 Stat. 787.) § 334. Report of bids for works—Whenever the Secretary of War invites proposals for any works, or for any materials or labor for any work, he shall re- port to Congress, at its next session, all bids therefor, with the names of the bidders. (R. S. § 230.) § 334a. Reports of Secretaries of War, Treas- ury, and Navy—In addition to the reports now re- quired by law, the Secretaries of the Treasury, War, and Navy shall each on the first Monday in December, nineteen hundred and seventeen, and annually there- after, transmit to the Congress a detailed Statement Of all expenditures under this Act. (June 15, 1917, c. 29, § 5, 40 Stat. 217.) (R. S. § 232. Repealed.) This section required the Secretary to lay before Con- gress, each year, an abstract of the returns of the adju- tants-general of the several states, of the militia thereof. It was repealed by the act to promote the efficiency of the militia, and for other purposes, which contained more’ comprehensive provisions of the same nature. Act Jan. 21, 1903, c. 196, § 12, post, § 3053. § 335. Claims for damages to private property from military operations; adjustment—Hereafter the Secretary of War is authorized to consider, ascer- tain, adjust, and determine the amounts due On all claims for damages to and loss of private property When the amount of the claim does not exceed the Suill of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military Operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 586.) § 3.35a. Same; duties of Auditor for War De- partment—Claims for damages to and loss Of private property: For payment of claims for damages to and loss of private property incident to the train- ing, practice, and Operations of the Army that have accrued, or may hereafter accrue, from time to time * * : Provided, That settlement of such claims shall be made by the Auditor for the War Department, up- on the approval and recommendation of the Secretary of War, where the amount of damages has been as- certained by the War Department, and payment thereof will be accepted by the owners of the prop- erty in full satisfaction of Such damages. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 364.) § 335 b. Same; presentation and approval— Claims of inhabitants of France or of any other European country not an enemy or ally of an enemy for damages Caused by American military forces may be presented to any Officer designated by the Presi- dent, and when approved by Such an Officer shall be paid under regulations made by the Secretary of War. (April 18, 1918, c. 57, § 1, 40 Stat.) § 335c. Same; laws governing—Claims under this statute shall not be approved unless they would be payable according to the law or practice govern- ing the military forces of the country in which they occur. (April 18, 1918, c. 57, § 2, 40 Stat.) § 335 d. Same; appropriation available for— Hereafter appropriations for the incidental expenses Of the Quartermaster Corps shall be available for paying the claim's herein described. (April 18, 1918, c. 57, § 3, 40 Stat.) § 335e. Same; effect of act—This statute does not supersede other modes of indemnity now in ex- istence and does not diminish responsibility of any member of the military forces to the person injured or to the United States. (April 18, 1918, c. 57, § 4, 40 Stat.) Chapter B–The Adjutant-General’s Sec. - Office - 336. Military records of volunteer armies and pension busi- IlêSS. 337. Military records of Revolution and of War of 1812. 338. Same. 339. Military and naval records of Revolutionary War. 340. Same. 341. Military records of wars prior to civil war. 342. Returns and muster rolls of volunteer forces. 343. Transcripts of military history for Governors. 344. Roster of Union and Confederate armies. $ 336. Military records of volunteer armies and pension business—The division organized by the Secretary of War in his office for the preservation and Custody of the records of the Volunteer armies under the name of the record and pension division is here- Ch. C) 3 348 DEPARTMENT OF WAR [Page 49] - by established as now organized, and shall hereafter be known as the Record and Pension Office of the War Department; and the President is hereby all- thorized to select an officer of the Army whom he may consider to be especially well qualified for the performance of the duties hereinafter Specified and, by and with the advice and consent Of the Senate, to appoint him in the Army to be Chief of said office, who shall have the rank, pay, and allowances of a colonel, and shall, under the Secretary of War, have charge Of the military and hospital records of the Volunteer armies and the pension and other business Of the War Department connected there with ; and all laws or parts of laws inconsistent with the terms of this act are hereby repealed. (May 9, 1892, c. 62, 27 Stat. 27.) * For Organization, etc., of Adjutant-General’s Depart- ment, see provisions under Title XIV. $ 337. Military records of Revolution and of War of 1812–That the military records of the American Revolution and Of the war of eighteen hundred and twelve, now preserved in the Treasury and Interior Departments, be transferred to the War Department, to be preserved in the Record and Pen- Sion division of that Department, and that they shall be properly indexed and arranged for use. (July 27, 1892, c. 267, 27 Stat. 275.) § 338. Same—All military records, such as muster and pay rolls, orders, and reports relating to the perSOnnel Or the Operations of the armies of the Rev- Olutionary War and Of the war of eighteen hundred and twelve, now in any of the Executive Departments, shall be transferred to the Secretary of War to be preserved, indexed and prepared for publication. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 403.) $ 339. Military and naval records of Revolu- tionary War—Within the limits of the appropria- tion herein made; the Secretary of War is hereby au- thorized and directed to collect or copy and classify, with a view to publication, the scattered military rec- ords of the Revolutionary War, including all troops acting under State authority, and the Secretary of the Navy is hereby authorized and directed to collect Or Copy and classify, with a view to publication, the scattered naval records of the Revolutionary War. (March 2, 1913, c. 94, § 1, 37 Stat. 723.) § 340. Same—All such records in the possession Or Custody of any official of the United States shall be transferred, the military records to the War Depart- ment and the naval records to the Navy Department. (March 2, 1913, c. 94, § 2, 37 Stat. 723.) § 341. Military records of wars prior to civil war—That the military rolls and records of the In- dian wars or any other wars prior to the civil war, now preserved in the interior or other Departments, be transferred to the War Department, to be preserved in the Record and Pension Office of that Depart- Iment, and that they shall be properly indexed and ºned for use. (April 28, 1904, No. 35, 33 Stat. 591. § 342. Returns and muster rolls of volunteer forces—All returns and muster rolls of organizations of the volunteer forces and of militia organizations While in the service of the United States shall be rendered to The Adjutant General of the Army, and upon the muster Out of such Organizations the records pertaining to them shall be transferred to and filed in The Adjutant General’s Office. And regimental and all other medical officers serving with volunteer troops, Or with militia Organizations in the Service Of the United States, in the field or elsewhere, shall keep a daily record of all soldiers reported sick or wounded, as shown by the morning calls or reports, and shall deposit such reports, with other reports provided for in this section, in The Adjutant General’s Office, as provided for herein for Other reports, returns, and muster rolls. (April 25, 1914, c. 71, § 9, 38 Stat. 350.) COMP. ST.’18—4 § 343. Transcripts of military history for Governors—The Secretary of War shall, upon the application of the Governor of any State, furnish to Such Governor a transcript of the military history Of any regiment or company of his State, under such regulations as the Secretary of War may prescribe, at the expense of such State. (March 2, 1895, c. 177, § 1, 28 Stat. 788.) § 344. Roster of Union and Confederate armies—Under the direction of the Secretary of War the Chief of the Record and Pension Office shall com- pile, from such official records as are in the possession Of the United States and from such other authentic records as may be obtained by loan from the various States and other official sources, a complete roster of the Officers and enlisted men of the Union and Con- federate armies. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 884.) Chapter C–The Bureau of Insular Sec. Affairs 345. Bureau continued. 345a. Bureau of War Department not affected. 346. Chief of Bureau. 347. Assistant to Chief of Bureau. 348. Additional assistant to Chief of Bureau. § 345. Bureau continued—The Division of In- Sular Affairs of the War Department, organized by the Secretary of War, is hereby continued until Oth- erWise provided, and shall hereafter be known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters pertaining to civil government in the is- land possessions of the United States subject to the jurisdiction of the War Department. (July 1, 1902, c. 1369, § 87, 32 Stat. 712.) § 345a. Bureau of War Department not af- fected—Nothing in this Act shall be construed to re- peal existing laws relating to the organization of the Bureau of Insular Affairs of the War Department. (June 3, 1916, c. 134, § 14, 39 Stat. 176.) § 346. Chief of Bureau—The Chief Of the Bur- eau of Insular Affairs of the War Department shall hereafter be appointed by the President for the period of four years, unless Sooner relieved, with the advice and Consent of the Senate, and while holding that Office he shall have the rank, pay, and allowances Of a brigadier-general. (June 25, 1906, c. 3528, 34 Stat. 456.) * * § 347. Assistant to Chief of Bureau—The Sec- retary Of War is hereby authorized to detail an Of- ficer of the Army, whom he may consider especially Well qualified, to act as principal assistant to the Chief Of the Bureau. Of Insular Affairs of the War Department, and said principal assistant while act- ing under said detail shall have the rank, pay, and allowances of a major: And provided further, That the provisions of Section twenty-seven of the Act of February second, nineteen hundred and one, with reference to the transfer of Officers of the line to the departments Of the Staff for tours Of Service, Shall apply to the vacancy created by this Act and to the return of the officer so detailed to the line of the Army. (March 2, 1907, c. 2511, 34 Stat. 1162.) § 348. Additional assistant to Chief of Bur- eau—The Secretary of War is hereby authorized to detail One additional Officer Of the army as assistant to the Chief of the Bureau of Insular Affairs, under the same provisions of law in regard to the vacancy in the line thus Created and, return to the line as govern in the case of the assistant authorized by the Act of March. Second, nineteen hundred and Seven ; and the assistant herein authorized while serving in this CapaCity shall have the rank, pay, and allow- ances Of Colonel ; and both Officers detailed in the Bureau Of Insular Affairs shall hereafter be designat- ed, while On this duty, as assistants to the Chief of the bureau. (March 23, 1910, c. 115, 36 Stat. 248.) TITLE VII—THE DEPARTMENT OF THE TREASURY Chap. - Sec. 1. The Department . . . . . . . . . . . . . . . . . . . tº e º e º tº e º ſe tº tº e ∈ 349 2. The Secretary of the Treasury. . . . . . . . . . . .e. s e e s e 379 3. The Corm ptroller . . . . . . . . . . . . . . . . . . . . . . . . . * & © tº e º e 401 4. The Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 5. The Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 6. The Register . . . . . . . . . . . . . . . . . . . e g º e º º ſº e º 'º º tº e º e º º 485 Chap. * Sec. 7. The Commissioner of Customs. . . . . . . . & © tº e º e º e º e 8. The Commissioner of linternal Revenue. . . . . . . . . 490 9. The Comptroller of the Currency. . . . . . . . . . . . . . . . 495 10. The Bureau of Statistics. . . . . . . . . © tº e º 'º e º e º ſº e º 'º © tº 11. The Bureau of the Mint. . . . . . . . . . . . . . . . . . . . . . . . . 507 11 A. The Bureau of Engraving and Printing. . . . . . . . . . 510 11 B. The Bureau of VVar Risk Insurance. . . . . . . . . . . . . . 514a Chapter One—The Department 349. Establishment of Department. 350. Assistant Secretaries. 351. Additional Assistant Secretary. Same. 352. Organization of Department, offices, and salaries. Positions in office of Auditor for Post Office Department. 353. Chief clerk to be chief executive officer of Department. 354. Deputy disbursing clerk. 355. Divisions of Loans and of Currency consolidated. 356. Division of Bookkeeping and Warrants. 357. Office of Supervising Architect. 358. Same; technical experts. 359. Law clerks in offices of Comptroller and Auditors. 360. Audit of accounts of Postal Savings System. 361. Transaction of business of Postal Savings System. 362. Leaves, of absence; piece-rate employés in Office of Au- ditor for Post Office Department. 363. Office of IDeputy Register abolished. 364. Commissioner of Internal Revenue; Commissioner. - Same; additional chiefs of divisions, for collection of income tax. 365. Detail of officers for duty at Department. 366. Detail of Officers of Revenue-Cutter Service. 367. Detail of members of field force of Public Buildings Service. . Transfer and appointment of employés detailed to office of Treasurer. 368. Public accounts settled in Department. 369. Commencernent of fiscal year. 370. Accounts of receipts of internal revenue. 371. Accounts of expenditures for contingent expenses. 372. Appropriations for Bureau of Engraving and Printing. 373. Control of appropriations for contingent expenses. 374. Purchase of stationery for internal revenue service. 375. Accounts of expenditures for furniture and repairs. 376. Temporary clerks. 377. Restrictions upon officers of Department. 378. Restrictions upon clerks in Department. 378a. Enforcement of laws relating to Treasury Department; fºnt of persons paid from certain appropria- 10 nS IOI’. § 349. Establishment of Department—There Shall be at the seat of Government an Executive De- partment to be known as the Department of the Treasury, and a Secretary of the Treasury, who shall be the head thereof. (R. S. § 233.) - § 350. Assistant Secretaries—There shall be in the Department of the Treasury two Assistant Secre- taries of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall each be entitled to a salary of [Six thousand dollars] a year, to be paid monthly. (R. S. § 234. - § * Assistant Secretaries and their salaries, see §§ 351, 351a. Appropriation for Assistant Secretaries, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1083. § 351. Additional Assistant an additional Assistant Secretary of the Treasury to be appointed by the President, by and with the ad- vice and consent of the Senate, who shall receive a compensation at the rate of four thousand five hun- dred dollars per annum, four thousand five hundred dollars. (July 11, 1890, c. 667, § 1, 26 Stat. 236.) § 351a. Same—For two additional Assistant Secretaries of the Treasury, to be appointed by the President, by and with the advice and consent of the Senate, who are authorized at the rate of $5,000 per annum each from the date of this Act to the close of the present war and six months thereafter, * * (Oct. 6, 1917, c. 79, § 1, 40 Stat. 347.) (R. S. § 235. Superseded.) - This section enumerated the subordinate officers in the Department and their salaries at the time of the enact- ment of the Revised Statutes, as authorized by the stat- utes then existing. The organization of the Department, additional Deputy Secretary—For the officers thereof, and salaries therein, were provided for more comprehensively by Act March 3, 1875, c. 130, § 2, post, § 352. . . . § 352. Organization of Department, offices, and salaries—On and after July first, eighteen hun- dred and seventy-five, the organization of the Treas- ury Department, and the several offices thereof, and the annual salaries paid to the persons therein, shall be as follows, to wit: In the office of the Secretary of the Treasury: The Secretary [eight thousand dollars] ; tWO aS- sistant secretaries, at four thousand five hundred dol- lars each ; * * - - - In the Construction Branch of the Treasury:— Supervising Architect, four thousand five hundred dollars; * * - In the Office of the First Comptroller:- The First Comptroller of the Treasury, five thou- Sand dollars ; - #: §: $: x}: * sk x3 . §: 1. In the Office of the First Auditor:- The First Auditor of the Treasury, four thousand dollars; * * In the Office of the Second Auditor:— - The Second Auditor of the Treasury, four thou- Sand dollars; * * • . In the Office Of the Third Auditor:— - The Third Auditor of the Treasury, four thousand dollars; * * In the Office Of the FOUIrth Auditor:— The Fourth Auditor of the Treasury, four thousand dollars; * * - In the Office Of the Fifth Auditor:— - - The Fifth Auditor of the Treasury, four thousand dollars; * * - In the Office Of the Auditor of the Treasury for the Post Office Department: The Auditor of the Treasury for the Post Office Department, four thousand dollars; * * - In the Office of the Register: . The Register of the Treasury, four thousand five hundred dollars; One assistant register * * at tWO thousand five hundred dollars; * * In the Office of the Treasurer: The Treasurer of the United States, six thousand five hundred dollars; assistant treasurer, three thou- sand eight hundred dollars; sk :: :k >}; :k zº: sk ×e In the Office of the Comptroller of the Currency: The Comptroller of the Currency, five thousand dol- lars; deputy comptroller, three thousand dol- lars; * * * In the Office Of the Commissioner Of Internal Reve- Ill le: - The Commissioner Of Internal Revenue, six thou- Sand dollars; deputy Commissioner, three thousand five hundred dollars; One deputy Commissioner, at three thousand dollars; * * - - In the Office of the Secretary of the Treasury: That there shall be in the Office Of the Secretary of the Treasury a Division of Loans and a Division of Currency, * * (March 3, 1875, c. 130, § 2, 18 Stat. 396.) For enumeration of officers and employés of Treasury Department, and their compensation, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1083. § 352a. Positions in office of Auditor for Post Office Department—Hereafter the Secretary of the IIPage 50l. Ch. 1) Ž 360 DEPARTMENT OF THE TREASURY [Page 511 Treasury may diminish from time to time, as Vacan- Cies occur by death, resignation, or otherwise, the number of positions of the several grades below the grade of chief of division in the Office of the Auditor for the Post Office Department and use the unexpend- ed balances of the appropriations for the positions so diminished as a fund to pay the compensation, as fixed by the Secretary Of the Treasury, of such num- ber of employees as may be necessary to audit the ac- Counts and vouchers of the Postal Service. (March 3, 1917, c. 163, § 1, 39 Stat. 1086.) § 353. Chief clerk to be chief executive officer of Department—Office of Chief Clerk and Superin- tendent: Chief clerk, including $300 as superintend- ent of Treasury Building, who shall be the Chief ex- ecutive officer of the department and who may be designated by the Secretary of the Treasury to sign Official papers and documents during the temporary absence of the Secretary and the Assistant Secre- taries of the department, $4,000. (March 3, 1917, C. 163, § 1, 39 Stat. 1083.) - § 354. Deputy disbursing clerk—Offices of dis- bursing clerks: Disbursing clerk, three thousand dol- lars; deputy disbursing clerk, two thousand Seven hundred and fifty dollars; * * The deputy dis- bursing clerk herein provided for shall have authori- ty to sign checks in the name of the disbursing clerk; he shall give bond to the disbursing clerk in such sum as the said disbursing clerk may require, and when so acting for the disbursing clerk shall be subject to all the liabilities and penalties prescribed by law for the Official misconduct in like cases of the disbursing clerk for whom he acts, and the official bond Of the disbursing clerk executed hereunder shall be made to cover and apply to the acts of the deputy disburs- ing clerk. (June 17, 1910, c. 297, § 1, 36 Stat. 487.) § 355. Divisions of Loans and of Currency con- solidated—The Secretary of the Treasury is hereby directed to consolidate the division of loans and the division of currency into one division; and all Work now done in either division shall be done in the COn- solidated division. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 149.) . . —The Division of Warrants, Estimates, and Appro- priations in the Office of the Secretary of the Treasury is hereby recognized and established as the Division of Bookkeeping and Warrants. It shall be under the direction of the Secretary of the Treasury as hereto- fore. Upon the books of this division shall be kept all accounts of receipts and expenditures of public money except those relating to the postal revenues and expenditures therefrom ; and Section three hun- dred and thirteen and SO much. Of Sections two hun- dred and eighty-three and thirty-six hundred and Seventy-five of the Revised Statutes as require those aCCounts to be kept by certain Auditors and the Reg- ister of the Treasury are repealed. (July 31, 1894, c. 174, § 10, 28 Stat. 208.) § 357. Office of Supervising Architect—Office of the Supervising Architect: $5,000; executive officer, $3,250; chief constructor (formerly superintendent of drafting and constructing division), $3,000; chief computer (formerly superin- tendent of computing division), $2,750; Chief of files and records division (formerly chief of law and rec- ords division) $2,500 ; chief of accounts division, $2,- 500; chief of maintenance division (formerly chief of inspection division), $2,500; chief mechanical and electrical engineer, $2,750; four technical clerks, at $1,800 each ; clerks—seven of class four, additional to One Clerk of class four as bookkeeper, $100, nine of Class three, five of class two, one of class one; fore- man of duplicating gallery, $1,800; four messengers; assistant messenger; one laborer; four inspectors, at $2,190 each; inspector, $1,800; in all, $83,850. For the following now authorized and payable from general appropriations, namely: For chief of techni- § 356. Division of Bookkeeping and warrants Supervising Architect, Department: cal division, $3,000; assistant constructor, $2,750; assistant chief of files and record division, $2,250; Chief structural engineer, $2,750 ; assistant chief structural engineer, $2,400; inspectors of supplies— one at $2,300, one at $1,800; inspectors—five at $2,- 300 each, three at $2,000 each, one at $1,800; pho- tographer, $2,000; six administrative clerks, at $2,- 000 each ; clerks—One of Class four, four at $1,700 each, four of class three, six at $1,500 each, eight of Class two, eight at $1,300 each, thirteen of class One, four at $1,100 each, six at $1,000 each, three at $900 each, two at $840 each ; duplicating paper chemist, $1,200; foreman vault, safe and lock shop, $1,100; assistant messenger; messenger boys—three at $480 each, tWO at $360 each ; skilled laborers—four at $1,000 each, seven at $960 each, One at $900, one at $840; laborer, $600 ; in all, $144,770, which shall be paid Out of the appropriation made in the Sundry Civil appropriation act for the fiscal year nineteen hun- dred and thirteen for “General Expenses of Public Buildings.” - FOr the fiscal year nineteen hundred and fourteen and annually thereafter specific estimates shall be Submitted for salaries for all personal services of the foregoing character required in the office of the Su- perVising Architect of the Treasury, and except as appropriations may be made thereunder no such per- SOnal Services shall be employed in said office at Washington, District of Columbia. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 374.) Appropriation for office of Supervising Architect, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1084. • , § 358. Same; technical experts—The employ- ment is hereby authorized of an architectural design- er at a Compensation of $6,000 per annum, a struc- tural engineering expert at $5,000 per annum, and a heating, lighting, and ventilating engineering expert at $5,000 per annum, to serve in the office of the Su- pervising Architect of the Treasury. Department, to assist the Supervising Architect in connection with the designing and standardizing of public buildings authorized to be erected under the control of the Treasury Department and the mechanical equipment thereof, and in connection with architectural and en- gineering work of said office of unusual magnitude or Complication: Provided, That such services may be employed without regard to civil-service laws, rules, Or regulations, and no person now in the employ of the Supervising Architect’s office shall be eligible to Such employment: And provided further, That the foregoing authorization for the employment of tech- Inical experts to assist the Supervising Architect shall be in addition to and independent of the authoriza- tions and appropriations for personal services for the Office Of the Supervising Architect otherwise made. (March 4, 1913, c. 147, § 28, 37 Stat. 888.) * § 359. Law clerks in offices of Comptroller and Auditors—The law clerks provided for in the offices of the Comptroller of the Treasury and of the several Auditors of the Treasury shall be skilled in the law, and shall be appointed in the same manner as Chiefs of divisions are now appointed by the Sec- retary of the Treasury. (July 31, 1894, c. 174, § 1, 28 Stat. 173.) § 360. Audit of accounts of Postal Savings System—The Secretary of the Treasury may employ such number of clerks and employees of the several Classes and at the Several rates Of CompenSation rec- ognized by law, and expend Such sums for contingent and miscellaneous items, as may be necessary, in his judgment, to audit the accounts of the postal savings system in the Office of the Auditor for the Post Office Provided, That the money required to pay such clerks and employees, and contingent and miscellaneous items, not exceeding $50,000 for the fis- cal year nineteen hundred and thirteen, shall be ad- vanced to the Secretary of the Treasury at regular intervals out of any available appropriation for the establishment, maintenance, and extension of postal- ź 361 (Tit. 7 DEPARTMENT OF THE TREASURY [Page 521 savings depositories: Provided further, That esti- mates hereunder shall be submitted in detail for the fiscal year nineteen hundred and fourteen and an- nually thereafter. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 376.) § 361. Transaction of business of Postal Sav- ings System—Salaries, force employed on Work Of the Postal Savings System in the office of the Treas- urer of the United States (reimbursable): The Secre- tary of the Treasury may employ such number of clerks and employees of the several classes and at the several rates of compensation recognized by law, and expend such sums for contingent and miscel- laneous items, as may be necessary, in his judgment, to transact the business of the Postal Savings System in the Office Of the Treasurer of the United States: Provided, That the money required to pay such clerks and employees, and contingent and miscellaneous items, not exceeding $18,000 for the fiscal year nine- teen hundred and thirteen, shall be advanced to the Secretary of the Treasury at regular intervals out of any available appropriation for the establishment, maintenance, and extension of postal savings deposi- tories: Provided further, That estimates hereunder shall be submitted in detail for the fiscal year nine- teen hundred and fourteen, and annually thereafter. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 377.) § 362. Leaves of absence; piece-rate employés in Office of Auditor for Post Office Department— Under such rules and regulations as the Secretary of the Treasury may prescribe, piece-rate employees in the Office of the Auditor for the Post Office Depart- ment Shall be entitled, from and after the approval Of this Act, to the same leave of absence with pay as is provided for clerks and employees in the Ex- ecutive Departments by section five of the Act approv- ed March third, eighteen hundred and ninety-three ; Section seven of the Act approved March fifteenth, eighteen hundred and ninety-eight; section One of the Act approved July seventh, eighteen hundred and Ininety-eight, and section four of the Act approved February twenty-fourth, eighteen hundred and nine- ty-nine. The pay of any piece-rate employee during Such leave shall be determined by the average quan- tity Of Work done by such employee and the pay therefor. (March 4, 1913, c. 142, § 1, 37 Stat. 754.) § 363. Office of Deputy Register abolished— The office of Deputy Register of the Treasury is hereby abolished. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 151.) § 364. Commissioner of Internal Revenue; additional Deputy Commissioner—In the Office of the Commissioner of Internal Revenue at Washing- ton, District of Columbia, there shall be appointed by the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury one additional deputy Commissioner, at a salary of $4,000 per an- num; two heads of divisions, whose compensation shall not exceed $2,500 per annum ; and Such other Clerks, messengers, and employees, and to rent such Quarters and to purchase Such supplies as may be necessary. (Oct. 3, 1913, c. 16, § II, N, 38 Stat. 180.) Amended by § 364a (q. v.), and repealed by Act Sept. 8, 1916, c. 463, § 24. See § 6336W. § 364a. Same; additional chiefs of divisions for collection of income tax—FOr expenses Of as- sessing and collecting the in COme tax as provided in paragraph N, section two, of an Act entitled “An Act to reduce tariff duties, and to provide revenue for the Government, and for Other purposes,” approved Octo- ber third, nineteen hundred and thirteen, which Act is hereby amended to authorize two chiefs of division at $3,500 and $2,500 per annum, respectively, in lieu of two chiefs of division at $2,500 each, including the employment in the District of Columbia, of necessary clerical and other personal services, and the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the DiS- trict of Columbia and the several collection districts, $1,500,000. (July 16, 1914, c. 141, § 1, 38 Stat. 475.) § 365. Detail of officers for duty at Depart- ment—Nothing in section four of this act shall be construed to prevent the Secretary of the Treasury from detailing one officer of the Revenue Marine Serv- ice for duty in the Office of the Life-Saving Service, and One officer from the Special Agency Service, and One from the Customs Service, respectively, for duty at the Treasury Department at Washington, nor to prevent the Commissioner of Internal Revenue from detailing one revenue agent for duty in his office. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 229.) § 366. Detail of officers of Revenue-Cutter Service—Nothing in the Acts approved August fifth, eighteen hundred and eighty-two, and June twenty- Second, nineteen hundred and six, making appropria- tions for the legislative, executive, and judicial eX- penses Of the Government, shall be construed to pro- hibit the detailing of Officers of the Revenue-Cutter Service in the District of Columbia for such periods as the Secretary of the Treasury may deem necessary, but the number of Officers so detailed shall not ex- ceed ten. (March 4, 1907, c. 2918, § 1, 34 Stat. 1309.) The Revenue-Cutter Service is now Coast Guard. See Title LVa. § 367. Detail of members of field force of Public Buildings Service—Hereafter members of the field force of the public-building service, such as su- pervising superintendents, superintendents, junior Su- perintendents, and inspectors Of the several classes, may be detailed to the District of Columbia, in the discretion of the Secretary of the Treasury, for tem- porary duty for periods not exceeding thirty days in any one case, in the Office of the Supervising Archi- tect, but no subsistence or other expenses of like character shall be allowed such employees While on duty in Washington serving under such details. (June 23, 1913, c. 3, § 1, 38 Stat. 17.) § 367a. Transfer and appointment 'of em- ployés detailed to office of Treasurer—The Secre- tary of the Treasury is hereby authorized to trans- fer and appoint in the office of the Treasurer of the United States such of the employees, in his discretion, aS are now employed in Said Office under details au- thorized by the Act of March fourth, nineteen hun- dred and thirteen. (July 16, 1914, c. 141, § 1, 38 Stat. 471.) § 368. Public accounts settled in Department —All claims and demands whatever by the United States Or against them, and all accounts whatever in Which the United States are Concerned, either as debt- OrS Or as Creditors, Shall be settled and adjusted in the Department of the Treasury. (R. S. § 236.) § 369. Commencement of fiscal year—The fiscal year of the Treasury Of the United States in all mat- ters of accounts, receipts, expenditures, estimates, and appropriations, except accounts of the Secretary of the Senate for compensation and traveling expenses Of Senators, and accounts of the Sergeant-at-Arms of the House of Representatives for compensation and Imileage of members and delegates, shall commence on the first day of July in each year; and all accounts of receipts and expenditures required by law to be published annually shall be prepared and published for the fiscal year, as thus established. The fiscal year for the adjustment of the accounts of Secre- tary of the Senate for compensation and traveling ex- penses of Senators, and of the Sergeant-at-Arms of the House of Representatives for compensation and mileage Of members and delegates Shall extend to and include the third day of July. (R. S. § 237, amended, Oct. 1, 1890, c. 1256, § 9, 26 Stat. 646.) (R. S. § 238. Superseded.) This section provided” that the commissions of all offi- cers employed in levying or collecting the public revenue should be made out and recorded in the Department of the Treasury, and the seal of the Department affixed thereto. It was superseded by Act March 28, 1896, c. 73, post, § 3250. Ch. 2) 3 379 DEPARTMENT OF THE THEASURY IPage 531 § 370. Accounts of receipts of internal reve- nue–Separate accounts shall be kept at the Depart- lment Of the Treasury of all moneys received from in- ternal duties or taxes in each of the respective States, Territories, and collection-districts, and of the amount Of each species of duty and tax that shall accrue; SO as to exhibit, as far as may be, the amount Collect- ed from each source of revenue, with the moneys paid aS COImpensation and for allowances to the collectors. and deputy collectors, inspectors, and other officers employed in each of the respective States, Territories, and collection-districts. (R. S. § 239, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.) - § 371. Accounts of expenditures for contin- gent expenses—No account for contingent expenses at any of the Bureaus of the Department of the Treasury shall be allowed, except on the certificate of the superintendent of the Treasury buildings that such expenses are necessary and proper, and that the prices paid are just and reasonable; and the Superintendent shall keep a full, just, and accurate aCCOunt in detail. Of all amounts expended under the head of contingent expenses for the Several Bureaus of the Department of the Treasury. (R. S. § 240.) § 372. Appropriations for Bureau of En- graving and Printing—Hereafter the appropriations made for all expenditures of the Bureau of Engraving and Printing shall be used in the manner in which ap- propriations for said Bureau have heretofore been used, and no part of said appropriations shall be held to be contingent expenses of the Treasury De- partment, nor be subject to the provisions of sections two hundred and forty and thirty-six hundred and eighty-three of the Revised Statutes. c. 2, § 1, 30 Stat. 18.) - § 373. Control of appropriations for con- tingent expenses—The Secretary of the Treasury is authorized to place the control and expenditure of the Various appropriations made for contingent ex- penses of the Treasury Department at Washington, District of Columbia, under Such Officer or Officers of the Treasury Department as he may from time to time determine proper or necessary, and the require- ments and authority imposed by sections two hundred and forty and two hundred and forty-One of the Re- vised Statutes. Of the United States Shall hereafter be applicable to the person or persons designated here- under as fully as they have heretofore applied to the superintendent of the Treasury building with refer- ence to said appropriations. (June 25, 1910, c. 385, 36 Stat. 776.) r § 374. Purchase of stationery for internal revenue service—Hereafter the purchase of station- ery for the Internal-Revenue Service shall be made under the direction of the Secretary of the Treasury as in the case of other branches of the public service under the Treasury Department. (March 4, 1911, c. 237, § 1, 36 Stat. 1195.) § 375. Accounts of expenditures ture and repairs—The expenditure for for furni- furniture and repairs for the Bureaus of the Department of . the Treasury shall be made by the superintendent of the Treasury buildings, subject to the approval of the Secretary of the Treasury; - duty of the superintendent to keep a just and accurate account in detail of all the amounts paid for the purchase of furniture, and also for the repairs there- of, as well as a full statement of the disposal of the old furniture. (R. S. § 241.) - § 376. Temporary clerks—No clerk temporarily employed in the Department of the Treasury shall receive a greater COImpensation than at the rate of twelve hundred dollars a year for the time actually employed. (R. S. § 242.) § .377. Restrictions upon officers of Depart- ment—No person appointed to the office of Secretary of the Treasury, or First Comptroller, or First Au- ditor, or Treasurer, or Register, shall directly or indirectly be concerned or interested in carrying on (June 4, 1897, and it Shall be the the business of trade or commerce, or be owner in Whole Or in part of any sea-vessel, or purchase by himself, or another in trust for him, any public lands Or other public property, or be concerned in the pur- Chase or disposal of any public securities of any State, or of the United States, or take or apply to his OWn use any emolument Or gain for negotiating Or transacting any business in the Treasury Depart- ment, other than What shall be allowed by law ; and every person who offends against any of the prohibi- tions Of this section shall be deemed guilty of a high Imisdemeanor and forfeit to the United States the penalty Of three thousand dollars, and shall upon Conviction be removed from office, and forever there- after be incapable of holding any office under the United States; and if any other person than a public prosecutor shall give information of any such Of- fense, upon which a prosecution and conviction shall be had, one-half the aforesaid penalty of three thou- sand dollars, when recovered, shall be for the use of the person giving such information. (R. S. § 243.) § 378. Restrictions upon clerks in Depart- ment—Every clerk employed in the Treasury Depart- ment who carries on any trade or business in the funds or debts of the United States, or of any State, or in any kind of public property, or who takes or applies to his own use any emolument or gain for negotiating Or transacting any business in the Department, shall be deemed guilty of a misdemeanor, and punished by a fine of five hundred dollars and removal from office. (R. S. § 244.) § 37.8a. Enforcement of laws relating to Treasury Department; employment of persons paid from certain appropriations for—The Sec- retary Of the Treasury is authorized to use for, and in connection with, the enforcement of the laws relat- ing to the Treasury Department and the several branches of the public service under its Control, not exceeding at any One time four persons paid from the appropriation for the collection of Customs, four per- sons paid from the appropriation for salaries and expenses Of internal-revenue agents Or from the ap- propriation for the foregoing purpose, and four per- sons paid from the appropriation for suppressing counterfeiting and other crimes, but not exceeding six persons so detailed shall be employed at any One time hereunder: Provided, That nothing contained shall be constructed to deprive the Secretary of the Treasury from making any detail now otherwise au- thorized by existing law. (June 12, 1917, c. 27, § 1, 40 Stat. 118.) - Chapter Two—The Secretary of the - Treasury 379. Duties of Assistant Secretaries. 380. Signing warrants. 381. General duties of Secretary. 382. Collection of duties. 383. Decisions construing laws imposing customs duties. 384. Rules, regulations, and forms. 385. Rules for government of agents representing claimants. 386. Reports of Secretary. 387. Same; postal revenues and expenditures. 388. Same; receipts and expenditures of public moneys. .389. Same; estimates of revenue and expenditures. 390. Same; officers delinquent in rendering accounts. 391. Same; expenditures at custom-houses. 392. Same; expenditures for Revenue-Cutter Service. 393. Same; appropriations for Departments of War and Navy. 394. Same; receipts and expenditures in Naval service. 395. Same; in hands of disbursing agents. 396. Abstract of receipts from internal taxes. 397. Accounts of superintendent of Treasury buildings. 398. Reports of claims allowed. . Estimates of tribal funds of Indians. 399. Quarterly publication of statement of receipts and ex- penditures. 400. Monthly publication of weekly statement of Treasurer. § 379. Duties of Assistant Secretaries—The Assistant Secretaries of the Treasury shall examine letters, contracts, and warrants prepared for the Sig- nature of the Secretary of the Treasury, and per- form such other duties in the office of the Secretary t # 880 (Tit. 7 DEPARTMENT OF THE TREASURY [Page 54] of the Treasury as may be prescribed by the Secretary or by law. (R. S. § 245.) - § 380. Signing warrants—The Secretary of the Treasury may, by an appointment under his hand and official seal, delegate authority to the Assistant Secre- taries of the Treasury to sign in his stead, and he may in like manner delegate such authority to a Clerk in his office to sign in his name, all warrants for the payment of money into the Public Treasury and all warrants for the disbursement from the Public Treas- ury of money certified by the proper accounting offi- cers of the Treasury to be due upon accounts duly all- dited and settled by them ; also all accountable War- rants placing money in the Treasury to the Credit of disbursing and other fiscal officers, and all appro- priations, repay, and transfer warrants. The war- rants so signed by either of the Assistant Secretaries of the Treasury or by the designated clerk shall be in all cases of the same validity as if they had been signed by the Secretary of the Treasury himself. ... (R. S. § 246, amended, March 2, 1910, c. 71, § 1, 36 Stat. 231.) - - - (R. S. § 247. Repealed.) - The provision that warrants signed by either of the As- sistant Secretaries, as authorized by R. S. § 246, should be of the same validity as if signed by the Secretary, having been incorporated in said section by amendment thereof by Act March 2, 1910, c. 71, § 1, to read as set forth ante, § 380, this section was repealed by section 2 of said amend- atory act. - § 381. General duties of Secretary—The Secre- tary of the Treasury shall, from time to time, digest and prepare plans for the improvement and manage- ment of the revenue, and for the support of the pub- lic credit; shall superintend the collection of the revenue; shall, from time to time, prescribe the forms of keeping and rendering all public accounts and making returns; shall grant, under the limita- tions herein established, or to be hereafter provided, all warrants for moneys to be issued from the Treas- ury in pursuance of appropriations by law ; Shall make report, and give information to either branch Of the legislature in person or in writing, as may be required, respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and generally shall per- form all such services relative to the finances as he shall be directed to perform. (R. S. § 248.) § 382. Collection of duties—The Secretary of the Treasury shall direct the superintendence of the Collection of the duties On imports [and tonnage], as he shall judge best. (R. S. § 249.) As to tonnage duties, see §§ 857, 859, 892. § 383. Decisions construing laws imposing customs duties—No ruling or decision. Once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or modified adversely to the United States, by the same or a succeeding Secretary, except in Concurrence with an Opinion of the Attorney-General recommending the Same, or a judicial decision of a circuit or district court of the United States conflicting with such rul- ing or decision, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States: Provided, That the Secretary Of the Treasury may in his discretion, de- cline to acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United States, when, in his opinion, Such interests require a final adjudication of Such question by the court of last resort. (March 3, 1875, c. 136, § 2, 18 Stat. 469.) (R. S. § 250. Repealed.) This section required the Secretary of the Treasury to cause all accounts of the expenditure of public money to be settled, within each fiscal year, with certain exceptions. Its provisions r h I a - 12, jº $ ; we e repealed by Act July 31, 1894, c. 174, § § 384. Rules, regulations, and forms—The Secretary of the Treasury shall make and issue from time to time such instructions and regulations to the several collectors, receivers, depositaries, of- Or to duties on imports, or to warehousing; ficers, and others who may receive Treasury notes, United States notes, or other securities of the United States, or who may be in any way engaged or em- ployed in the preparation and issue of the same, as he shall deem best calculated to promote the public Convenience and security, and to protect the United States, as well as individuals, from fraud and loss; he shall prescribe forms of entries, oaths, bonds, and ... other papers, and rules and regulations, not incon- sistent with law, to be used under and in the execu- tion and enforcement of the various provisions of the internal-revenue laws, or in carrying out the provi- Sions Of law relating to raising revenue from imports, e e • . he shall give such directions to Collectors and prescribe such rules and forms to be observed by them as may be necessary for the proper execution of the law. (R. S. § 251) (R. S. § 252. Stricken out.) This section provided for the establishment, by the Sec- retary of the Treasury, under, direction of the President, of regulations for appraisal of imports. It was stricken out as one of the corrections made by the act to perfect the revision of the statutes, Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. - Provisions as to the mode of appraisal of imports are º º Title XXXIV, “Collection of Duties upon Im- ports,” c. 6. - - - (R. S. § 253. Superseded.) - This section empowered the Secretary to discontinue all ports of delivery, the revenue received at which did not amount to $10,000 a year. It was superseded by the aboli- tion of all ports of delivery as part of the reorganization of the customs service pursuant to Act Aug. 24, 1912, C. 355, § 1, post, § 5327. - & - (R. S. § 256. Repealed.) This section empowered the Secretary of the Treasury to employ assistants in discovering and collecting money belonging to the United States, and regulated the employ- ment of such persons, their compensation and proceedings. These provisions were part of the legislative, executive, and judicial appropriation act of May 8, 1872, c. 140, § 1, 17 Stat. 69, and were incorporated therefrom in this sec- tion of the Revised Statutes. But so much of that act as provided for the employment of persons for such purpose was repealed, and the Secretary of the Treasury was di- rected to revoke and annul all contracts made under the act, by Act June 22, 1874, c. 393, 18 Stat. 192. This repeal- ing act, though passed on the same day as the Revised Statutes, took effect, by virtue of R. S. § 5601, post, § 10598, as a subsequent statute, repealing any portion of the revision inconsistent there with. The provisions of this section may therefore be regarded as repealed or rendered inoperative by Act June 22, 1874, c. 393, cited above. , Seç: tion 2 of that act provided that the Court of Claims should have “no authority to consider or decide upon any claims for damages by reason of the discontinuance of the Con- tracts aforesaid, or for any profits or percentages under them.” - - - § 385. Rules for government of agents rep- resenting claimants—The Secretary of the Treasury may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons rep- resenting claimants before his Department, and may require of such persons, agents and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good character, and in good repute, possessed of the necessary qualifica- tions to enable them to render such claimants valu- able service, and otherwise competent to advise and assist such claimants in the presentation of their cases. And Such Secretary may after due notice and opportunity for hearing suspend, and disbar from further practice before his Department any such per- son, agent, or attorney shown to be incompetent, dis- reputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud, in any manner willfully and knowingly de- | ceive, mislead, or threaten any claimant or prospec- tive claimant, by word, circular, letter, or by ad- vertisement. (July 7, 1884, c. 334, § 3, 23 Stat. 258.) § 386. Reports of Secretary—The Secretary of the Treasury shall make the following annual reports to Congress: - - - - First. A report on the subject of finance, contain- ing estimates of the public revenue and public expend- itures for the fiscal year then current, and plans Ch. 2) 3 398a DEPARTMENT OF THE TREASURY [Page 55] for improving and increasing the revenues from time to time, for the purpose of giving information to Congress in adopting modes of raising the money reqr uisite to meet the public expenditures. Second. A report containing a statement of all COntracts for supplies or services which have been made by him or under his direction during the year preceding, and also a statement of the expenditure of the moneys appropriated for the discharge of miscel- 1aneous claims not otherwise provided for, paid at the Treasury. (R. S. § 257.) - § 387. Same; postal revenues and expendi- tures—Hereafter the Secretary of the Treasury shall include in his annual report, in the statements of a C- tual and estimated receipts and expenditures of the Government, the revenues from and expenditures on account of the postal service. (Sept. 30, 1890, c. 1126, § 1, 26 Stat. 511.) § 388. Same; receipts and expenditures of public moneys—It shall be the duty of the Secretary of the Treasury annually to lay before Congress, On the first day of the regular session thereof, an ac- curate, combined statement of the receipts and eX- penditures during the last preceding fiscal year of all public moneys, including those of the Post-Office Department, designating the amount of the receipts, whenever practicable, by ports, districts, and States, and the expenditures, by each separate head of ap- propriation. (July 31, 1894, c. 174, § 15, 28 Stat. 210.) - § 389. Same; estimates of revenue and ex- penditures—The Secretary of the Treasury shall each year prepare and submit in his annual report to Congress estimates of the public revenue and the public expenditures for the fiscal year current, and also for the fiscal year next ensuing at the time said report is submitted, together with a statement of the receipts and expenditures of the Government for the preceding completed fiscal year. (Feb. 26, 1907, c. 1635, § 1, 34 Stat. 949.) § 390. Same; officers delinquent in rendering accounts—The Secretary of the Treasury shall, On the first Monday of January in each year, make re- port to Congress of such officers and administrative departments and offices of the Government as were, respectively, at any time during the last preceding fiscal year delinquent in rendering or transmitting accounts to the proper offices in Washington and the cause therefor, and in each case indicating whether the delinquency was waived, together with such of. ficers, including postmasters and officers of the Post- Office Department, as were found upon final settle- ment of their accounts to have been indebted to the Government, with the amount of such indebtedness in each case, and who, at the date of making report, had failed to pay the same into the Treasury of the Unit- ed States. (July 31, 1894, c. 174, § 12, 28 Stat. 209, amended, Act. May 28, 1896, c. 252, § 4, 29 Stat. 179.) § 391. Same; —The Secretary of the Treasury shall lay before Con- greSS at the Commencement of each regular Session a statement of the amount of money expended at each custom-house during the preceding fiscal year, and of the number of persons employed, and the occupa- tion and salary of each person at each custom-house during the same period. (R. S. § 258.) § 392. Same; expenditures for Revenue-Cut- ter Service—The Secretary of the Treasury shall submit to Congress at its next session a detailed statement of the expenditures for the fiscal year eight- een hundred and eighty-eight under the appropria- tion for the Revenue-Cutter Service, and annually thereafter a detailed statement of expenditures under said appropriation shall be submitted to Congress at the beginning of each regular session thereof. (Oct. 2, 1888, c. 1069, 25 Stat. 511.) - $ 393.; Saine; appropriations for Depart- rºlents of War and Navy—The Secretary of the Treasury shall lay before Congress at the commence- expenditures at custom-hourses ment of each regular session, accompanying his an- nual statement of the public expenditure, the re- ports which may be made to him by the Auditors Charged with the examination of the acCOunts Of the Department of War and the Department of the Navy, respectively, showing the application of the money appropriated for those Departments for the preceding year. (R. S. § 260.) - . § 394. Same; receipts and expenditures in Naval service—From and after the passage of this act, it shall be the duty of the Secretary of the Treas- ury to transmit to Congress, annually, a tabular state- ment showing in detail the receipts and expenditures in the Naval service under each appropriation, as made up and determined by the proper officers of the Treasury Department, upon the accounts of disburs- ing-Officers rendered for settlement. (June 19, 1878, c. 311, § 1, 20 Stat. 167.) § 395. Same; in hands of disbursing agents- There shall be appended to this statement an account Of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost Or unaccounted for by voucher. (June 19, 1878, c. 311, § 2, 20 Stat. 167.) . § 396. Abstract of receipts from internal taxes—The Secretary of the Treasury shall annually, in the month of December, lay before Congress an abstract, in tabular form, of the separate accounts Of moneys received from internal duties Or taxes in each of the respective States, Territories, and collection- districts, required by section two hundred and thirty- nine to be kept at the Treasury. (R. S. § 261.) § 397. Accounts of superintendent of Treas- ury buildings—The Secretary of the Treasury shall transmit to Congress, at the commencement of each regular Session, a copy of each Of the acCOunts kept by the superintendent of the Treasury buildings of all amounts expended under the head Of COntingent ex- penses for the several Bureaus of the Department of the Treasury, and of all amounts paid for furniture and repairs Of furniture, and Of the disposal Of Old furniture. (R. S. § 262.) $ 398. Reports of claims allowed—The Secre- tary of the Treasury shall, at the commencement of each session of Congress, report the amount due each Claimant whose claim has been allowed in whole or in part to the Speaker of the House of Representatives and, the presiding officer of the Senate, who shall lay the same before their respective Houses for Considera- tion. (July 7, 1884, c. 334, § 1, 23 Stat. 254.) $ 398a. Estimates of tribal funds of Indians— On the first Monday in December, nineteen hundred and seventeen, and annually thereafter, the Secre- tary of the Treasury shall transmit to the Speaker of the House of Representatives estimates of the amounts of the receipts to, and expenditures which the Secretary of the Interior recommends to be made for the benefit of the Indians from, all tribal funds of Indians for the ensuing fiscal year; and such state- ment shall show (first) the total amounts estimated to be received from any and all sources whatsoever, which will be placed to the credit Of each tribe of Indians, in trust or otherwise, at the close of the ensu- ing fiscal year, (second) an analysis showing the amounts which the Federal GOvernment is directed and required by treaty stipulations and agreements to expend from each of said funds or from the Federal Treasury, giving references to the existing treaty or agreement or statute, (third) the amounts which the Secretary of the Interior recommends to be spent from each of the tribal funds held in trust Or Other- wise, and the purpose for which Said amounts are to be expended, and said statement shall Show the amounts which he recommends to be disbursed (a) for per capita payments in money to the Indians, (b) for salaries or compensation of Officers and employees, (c) for compensation of counsel and attorney fees, and (d) for support and civilization. (May 18, 1916, c. 125, § 27, 39 Stat. 158.) - & 399 (Tit. 7 DEPARTMENT OF THE TREASURY [Page 56] § 399. Quarterly publication of statement of . receipts arid expenditures—The Secretary Of the Treasury at the expiration of thirty days from the end of each quarter, shall cause to be published in SOme newspaper at the seat of government a state- ment of the whole receipts of such quarter, specify- ing the amount received from customs, from public lands, and from miscellaneous sources, and, also, the Whole amount of payments made during the said Quarter, Specifying the general head of appropriation, Whether for the civil list, the Army, the Navy, Indian Affairs, fortifications, or pensions. (R. S. § 266.) § 400. Monthly publication of weekly state- ment of Treasurer—The Secretary Of the Treasury Shall Cause to be published in Some newspaper at the Seat of Government, on the first day of each month, the last preceding weekly statement of the Treasurer of the United States, showing the amount to his credit in the different banks, in the mint, or other deposi- tories, the amount for which drafts have been given, and those remaining unpaid, and the balance remain- ing Subject to his draft; and he shall also specially note any Changes that have been made in the deposi- tories Of the Treasury during the preceding month, and report to Congress, at the commencement Of its next session, the reasons for such changes. (R. S. § 267.) - Chapter Three—The Comptroller Sec. 401. Comptroller. 402. First Comptroller known as Comptroller. 403. Changes in designations and duties of First Comptroller and Auditors. 404. Añº Comptroller; chief clerk in office of Comp- roller. 405. Same; salary. 406. Pºi of Comptroller; settlement of particular ac- CO't] Ill.S. 407. Same; regulating payment of arrears of pay. 408. Forms of keeping and rendering public accounts. 409. Forms for use in offices for collecting customs. 410. Inspection of accounts of disbursing officers. 411. Inspection of accounts of Officers in District of Columbia. 412. Duties of Assistant Comptroller. 413. Chief clerk; duties. 414. Same; signing letters and papers. 415. Law clerks in offices of Comptroller and Auditors. § 401. Comptroiler—There shall be in the De- partment of the Treasury a First Comptroller and a Second Comptroller, each of whom shall be appointed by the President, by and with the advice and COnsent of the Senate, and shall be entitled to a salary of five thousand dollars a year. (R. S. § 268.) Salary of Comptroller fixed at $6,000, Comptroller at $4,500, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1085 - § 402. First Comptroller known as Comptrol- ler—The offices of Commissioner of Customs, Deputy Commissioner of Customs, Second Comptroller, Dep- uty Second Comptroller, and Deputy First Comp- troller of the Treasury are abolished, and the First Comptroller of the Treasury shall hereafter be known as Comptroller of the Treasury. He shall perform the same duties and have the same powers and responsi- bilities (except as modified by this Act) as those now performed by or appertaining to the First and Sec- Ond COmptrollers Of the Treasury and the Commis- Sioner of Customs; and all provisions of law not in- consistent with this Act, in any way relating to them or either Of them, shall hereafter be construed and held as relating to the Comptroller of the Treasury. His salary shall be five thousand five hundred dol- lars per annum. (July 31, 1894, C. 174, § 4, 28 Stat. 205.) º $ 403. Changes in designations and duties of First Comptroller and Auditors—This Act, so far as it relates to the First Comptroller of the Treasury and the several Auditors and Deputy Audi- tors of the Treasury, shall be held and construed to Operate merely as changing their designations and as adding to and modifying their duties and powers, and Assistant and not as creating new officers. (July 31, 1894, c. 174, § 9, 28 Stat. 208.) § 404. Assistant Comptroller; chief clerk in office of Comptroller—There shall also be an Assist- ant Comptroller of the Treasury, to be appointed by the President, with the advice and Consent of the Senate, who shall receive a salary of [five thousand dollars] per annum, and a Chief clerk in the Office Of the Comptroller of the Treasury, who shall receive a salary of two thousand five hundred dollars per annum. (July 31, 1894, c. 174, § 4, 28 Stat. 205.) - Further, as to salary of Assistant Comptroller, see § 405. § 405. Same; salary—That hereafter the salary of the Assistant Comptroller shall be four thousand five hundred dollars. (March 15, 1898, c. 68, § 1, 30 Stat. 288.) - - (R. S. § 269. Repealed.) This section prescribed the duties of the First Comptrol- ler in regard to accounts settled by the First and Fifth Auditors and the Commissioner of the General Land Of- fice, the countersigning of warrants, and superintending recovery of debts due to the United States. It was re- pealed by the Dockery Act of July 31, 1894, c. 174, § 11, 28 Stat. 209, which made other provisions as to such matters, set forth post, §§ 425, 427. (R. S. § 270. Repealed.) This section authorized appeals to the First Comptroller from settlements of accounts by the Sixth Auditor. It was repealed by the Dockery Act of July 31, 1894, c. 174, § 8, 28 Stat. 207, set forth post, § 425. § 406. Powers of Comptroller; settlement of particular accounts—The Comptroller of the treas- Ury, in any Case where, in his Opinion, the interests of the Government require it, shall direct any of the Auditors forthwith to audit and settle any particular account which such Auditor is authorized to audit and settle. (R. S. § 271, amended, July 31, 1894, c. 174, § 6, 28 Stat. 206.) (R. S. § 272. Repealed.) This section required the First Comptroller to report to Congress officers failing to make settlement of their ac- counts. It was repealed by section 12 of the Dockery Act, which required such reports to be made by the Secretary of the Treasury, as set forth ante, § 390. (R. S. § 273. Repealed.) This section prescribed the duties of Second Comptroller as to accounts of certain auditors. It was repealed by Act July 31, 1894, c. 174, § 7, subd. 3, 28 Stat. 206. And see § 402. § 407. Same; regulating payment of arrears of pay—The [Second Comptroller] may prescribe rules to govern the payment of arrears of pay due to any petty Officer, seaman, or other person not an Officer, on board any vessel in the employ of the United States, which has been sunk or destroyed, in Case of the death of such petty officer, seaman, or person, to the person designated by law to receive the Same. (R. S. § 274.) - - Office of Second Comptroller abolished. (R. S. § 275. Repealed.) This section authorized Second Comptroller to detail a clerk to sign certificates and papers relating to bounties. It was repealed by Act July 31, 1894, c. 174, § 7, Subd. 3, 28 Stat. 206. And see § 402. § 408. Forms of keeping and rendering pub- See § 402. lic accounts—The Comptroller of the Treasury shall, under the direction of the Secretary Of the Treasury, prescribe the forms of keeping and rendering all pub- lic accounts, except those relating to the postal reve- nues and expenditures therefrom. - The returns Of fees mentioned in section Seventeen hundred and twenty-five Of the Revised Statutes shall be made as prescribed by the Comptroller of the Treasury. (July 31, 1894, c. 174, § 5, 28 Stat. 206.) § 409. Forms for use in offices for collecting customs—The Commissioner of Customs Shall report to the Secretary of the Treasury official forms to be used in the different Offices for collecting the public receipts from customs, and all the manner and form of keeping and stating the accounts of the persons employed therein. (R. S. § 318.) . - . . . . . § 410. Inspection of accounts of disbursing officers—All books, papers, and other matters relating to the Office or accounts Of disbursing Officers of the Ch. 4) # 419 DEPARTMENT OF THE TREASURY IPage 57] Executive Departments, and commissions, boards, and establishments of the Government in the District of Columbia Shall at all times be subject to in Spec- tion and examination by the Comptroller of the Treas- ury and the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said officials. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 550.) § 411. Inspection of accounts of officers in District of Columbia—All books, papers, and other matters relating to the accounts of Officers Of the government in the District Of Columbia. Shall at all times be subject to inspection and examination by the Comptroller of the Treasury and the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said Officials. (March 15, 1898, c. 68, § 5, 30 Stat. 316.) - § 412. Duties of . Assistant Comptroller—The Assistant Comptroller of the Treasury shall perform such duties as may be prescribed by the Comptrol- ler of the Treasury and shall have the power, under the direction of the Comptroller of the Treasury, to Countersign all warrants and sign all other papers. (July 31, 1894, c. 174, § 4, 28 Stat. 205.) - $ 413. Chief clerk; duties—The chief clerk Shall perform such duties as may be assigned to him by the Comptroller of the Treasury, and shall have the power, in the name of the Comptroller of the Treasury, to countersign all warrants except accoun- : Warrants. (July 31, 1894, c. 174, § 4, 28 Stat. 206. $ 414. Same; signing letters and papers—The Chief clerk in the office of the Cumptroller of the Treasury shall have power in the name of the Comp- troller of the Treasury to sign such letters and papers as the Comptroller may direct. (March 2, 1895, c. 177, § 1, 28 Stat. 776.) - $ 415. Law clerks in offices of Comptroller and Auditors—The law clerks in the Office of the Comptroller of the Treasury, and in the offices of the Auditors of the Treasury, shall perform such clerical duties as the heads of their respective offices may re- !º of them. (March 2, 1895, c. 177, § 1, 28 Stat. 77. see Chapter Four—The Auditors . 416. Auditors. - 417. Same; designations. 418. Position of deputy auditor abolished. 419. Auditors; duties. 420. Same; settlement of accounts. Place of audit of accounts of military establishment. . Same; date of termination of war. 421. Settlement of accounts; - Department of Commerce. 422. Same; Department of Labor. 423. Same; Panama, Canal. 424. Same; expenditures in Postal Savings System. 425. Conclusiveness of balances certified by Auditors. 426. Application of laws relating to Auditors. 427. Requisitions for advances. 428. Rendition of current accounts. 429. Administrative examination of accounts. 430. Transmission of accounts of courts in Alaska to Depart- Iment of Justice. 431. Aºrative examination of accounts of Army expen- 1LUII*6S. - 432. Transmission of accounts of marshals to Auditor. 433. Rendition of accounts of officers of courts. 484. Administrative audit of accounts under Department of Justice. Transmission of accounts of expenditures in Territories to Secretary of Interior. - 435. Accounts presented to Auditor examination. -- 436. Papers transmitted with accounts of customs officers. 437. Regulations for carrying out provisions of act. 438. Re-examination of disallowed claims. 439. Property returns by officers. 440. Same; certificate as to lost property. 441. Same; manner of making. . 442. Same; regulations. 443. Recovery of debts to United States certified to Auditors. 444. Delegation of duties of deputy auditor. 445. Employés designated to countersign warrants. 446. Settlement of accounts of Army officers. 447. Signing bounty certificates. 448. Settlement of advance bounties. 449. Settlement of overpayments. #50. Claims for arrears of pay and bounty already paid. without administrative Sec. 451. Same. . 452. Evidence of honorable discharge returned to officers arid enlisted men. - 453. Payment of claims for pay and allowances. 454. Accounts of Departments of War and the Navy. .. 455. Accounts of paymasters of lost or captured public Ves- sels. 456. Disbursements by order of commanding officer of Navy. 457. Settlement of expenses of intercourse with 'foreign na- tions. 458. Collection of debts due Post-Office Department. 459. Suits on postmasters’ bonds. 460. Accounts of money-order business. 461. Accounts of expenses of postmasters. 462. Accounts of expenditures of Post-Office Department un- der appropriations. 463. Reports of financial condition of Post-Office Department. 464. Compromise of judgments. - 465. Papers in suits for delinquencies in Post-Office Depart- 466. Aºi. may administer oaths. 467. Oaths in settlements with Sixth Auditor. 468. Allowance of lost checks. 469. Claims for quartermaster’s stores. 470. Claims for subsistence. 471. Allowance of claims for stores and supplies. § 416. Auditors—There shall be connected wit the Department of the Treasury six auditors of a C- counts, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be known as the First, Second, Third, Fourth, Fifth, and Sixth Auditors, respectively. Each Audi- tor is entitled to a salary of four thousand dollars a year. (R. S. § 276.) . . . $ 417. Same; designations—The Auditors Of the Treasury shall hereafter be designated as follows: The First Auditor as Auditor for the Treasury De- partment; the Second Auditor as Auditor for the War Department; the Third Auditor as Auditor for the Interior Department; the Fourth Auditor as Auditor for the Nayy Department; the Fifth Auditor as Audi- tor for the State and other Departments; the Sixth Auditor as Auditor for the Post-Office Department. The designations of the deputy auditors and Other subordinates shall Correspond with those of the Audi- tors. And each deputy auditor, in addition to the du- ties now required to be performed by him, shall sign, in the name of the Auditor, Such letters and papers as the Auditor may direct. TJuly 31, 1894, c. 174, § 3, 28 Stat. 205.) - - § 418. Position of deputy auditor abolished— The position of deputy auditor authorized in the Offices of the six auditors of the Treasury for the several ex- ecutive departments and Other Government establish- ments are hereby abolished to take effect on and after July first, nineteen hundred and eleven, and on and after said date the duties and powers theretofore ex- ercised by law by said deputy auditors shall be exer- Cised by the Chief Clerk and Chief of division in each of said auditor’s Offices except in the Office of the Au- ditor for the Post Office Department, where such duties and powers shall be exercised by the assistant and chief clerk. (March 4, 1911, c. 237, § 1, 36 Stat. 1190.) § 419. Auditors; duties—The duties of the Audi- tors shall be as follows: First. The First Auditor shall receive and examine all accounts accruing in the Treasury Department, all accounts relating to the receipts from customs, includ- ing a CCOunts Of Collectors and Other Officers Of the Cus- toms, all a CCOunts accruing on account of salaries in the Patent-Office, all accounts of the judges, marshals, Clerks, and other officers, of all the courts of the Unit- ed States, all accounts of the Officer in charge of the public buildings and grounds in the District of Co- lumbia, all accounts of the expenditures of the De- partment of Agriculture, all accounts relating to pris- oners convicted in any court of the United States; and, after examination of such accounts relating to the receipts from Customs, including the accounts of collectors and other officers of the customs, he shall certify the balances and transmit the same, with the vouchers and certificates, to the Commissioner of Cus- toms for his decision thereon, and he shall certify the balances of all other accounts, and transmit the # 419 (Tit. 7 DEPARTMENT OF THE TREASURY [Page 58] same, in like manner, to the First Comptroller for his decision thereon. - Second. The Second Auditor Shall receive and eX- amine all accounts relating to the pay and Clothing Of the Army, the subsistence of Officers, bounties, and pre- miums, military and hospital stores, and the contin- gent expenses of the War Department, all accounts re- lating to Indian affairs, and to agents of lead and Other mines of the United States ; Of Such accounts, he shall certify the balances, and transmit such accounts, with the vouchers and certifi- cate, to the Second Comptroller for his decision there- OIT. Third. The Third Auditor shall receive and examine all accounts relative to the Subsistence Of the Army, the Quartermaster’s Department, and generally all ac- Counts of the War Department other than those pro- vided for ; all accounts relating to pensions for the Army, and all accounts for compensation for the loss of horses and equipments of officers and enlisted men in the military service Of the United States, and for the loss of horses and equipments, or of steamboats, and all other means of transportation, in the service of the United States by contract or impressment; and, after the examination of such accounts, he shall certi- fy the balances and shall transmit such accounts, with all the vouchers and papers and the certificate, to the Second Comptroller for his decision thereon. Fourth. The President may assign to either the Second or the Third Auditor the settlement of the ac- counts in the War Department existing at the con- clusion of the war of eighteen hundred and twelve. Fifth. The Fourth Auditor Shall receive and ex- amine all accounts accruing in the Navy Department or relative thereto, and all accounts relating to Navy pensions; and, after examination of such accounts, he shall certify the balances, and shall transmit such accounts, with the vouchers and certificate, to the Sec- Ond Comptroller for his decision thereon. Sixth. The Fifth Auditor Shall receive and examine all accounts accruing in or relative to the Department of State, all a CCOUnts of the Commissioner Of Internal Revenue, all accounts relating to the contingent ex- penses of the Patent-Office, and all accounts relating to the CenSUS. - Seventh. The Sixth Auditor shall receive all ac- counts arising in the Post-Office Department, or rela- tive thereto, with the vouchers necessary to a correct adjustment thereof, and shall audit and settle the same and certify the balances thereon to the Post- master-General. He shall keep and preserve all ac- Counts and Vouchers after settlement. He shall close the account of the Department quarterly, and trans- mit to the Secretary of the Treasury quarterly state- ments of its receipts and expenditures. He shall re- port to the Postmaster-General, when required to do So, the manner and form of keeping and stating the accounts of the Department, and the official forms of papers to be used in connection with its receipts and expenditures. He shall report to the Postmaster- General all delinquencies of postmasters in rendering their accounts and returns, or in paying over money- order funds and other receipts at their Offices. He shall register, charge, and countersign all warrants upon the Treasury for receipts or payments issued by the Postmaster-General, when warranted by law. He shall perform such other duties in relation to the financial Concerns Of the Department as may be as- signed to him by the Secretary of the Treasury, and make to the Secretary Or to the Postmaster-General such reports respecting the same as elther of them may require. (R. S. § 277.) § 420. Same; settlement of accounts—Ac- Counts shall be examined by the Auditors as follows: First. The Auditor for the Treasury Department shall receive and examine all a CCOUInts of salaries and incidental expenses of the office of the Secretary of the Treasury and all bureaus and offices under his di- and, after examination rection, all accounts relating to the customs service, public debt, internal revenue, Treasurer and assistant treasurers, mints and assay Offices, Bureau of Engrav- ing and Printing, Coast and Geodetic Survey, Reve- nue-Cutter Service, Life-Saving Service, Light-House Board, Marine-Hospital Service, public buildings, Steamboat-Inspection Service, immigration, naviga- tion, Secret Service, Alaskan fur-seal fisheries, and to all other business within the jurisdiction of the Department of the Treasury, and certify the balances arising thereon to the Division of Bookkeeping and Warrants. Second. The Auditor for the War Department shall receive and examine all accounts of salaries and in- Cidental expenses of the Office of the Secretary of War and all bureaus and offices under his direction, all accounts relating to the military establishment, armories and arsenals, national cemeteries, fortifica- tions, public buildings and grounds under the Chief of Engineers, rivers and harbors, the Military Acade- my, and to all other business within the jurisdiction of the Department of War, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certifi- cate to the Secretary of War. ... - - - , Third. The Auditor for the Interior. Department Shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary Of the Interior, and of all bureaus and offices under his direction, and all accounts relating to Army and Navy pensions, Geological Survey, public lands, In- dians, Architect of the Capitol, patents, census, and to all other business within the jurisdiction of the Department of the Interior, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certifi- Cate to the Secretary of the Interior. - Fourth. The Auditor for the Navy Department shall receive and examine all accounts of Salaries and inci- dental expenses of the office of the Secretary of the Navy, and Of all bureaus and Offices under his direc- tion, all accounts relating to the Naval Establishment, Marine Corps, Naval Academy, and to all other busi- ness within the jurisdiction of the Department of the Navy, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate to the Secretary of: the Navy. - Fifth. The Auditor for the State and other Depart- ments shall receive and examine all accounts of Sala- ries and incidental expenses of the offices of the Sec- retary of State, the Attorney-General, and the Secre- tary of Agriculture, and of all bureaus and offices un- der their direction ; all accounts relating to all other business within the jurisdiction of the Departments of State, Justice, and Agriculture; all accounts relating to the diplomatic and consular service, the judiciary, United States courts, judgments of United States courts, Executive Office, Civil Service Commission, In- terstate Commerce Commission, Department of Labor, District of Columbia, Fish Commission, Court of Claims and its judgments, Smithsonian Institution, Territorial governments, the Senate, the House of Rep- resentatives, the Public Printer, Library of Congress, Botanic Garden, and accounts of all boards, Commis- Sions, and establishments of the Government not with- in the jurisdiction of any of the Executive Depart- ments. He shall Certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate, according to the character of the account, to the Secretary of the Senate, Clerk of the House of Representatives, Ser- geant-at-Arms of the House of Representatives, Or the Chief Officer of the Executive Department, COm- mission, board, or establishment concerned. Sixth. The Auditor for the Post-Office Department shall receive and examine all accounts of Salaries and incidental expenses of the office of the POStrmaster- Ch. 4) & 420 (g) DEPARTMENT OF THE TREASURY General and of all bureaus and offices under his di- rection, all postal and money-order accounts of post- masters, all accounts relating to the transportation Of the mails, and to all Other business Within the juris- diction of the Post-Office Department, and certify the balances arising thereon to the Postmaster-General for accounts of the postal revenue and expenditures therefrom, and to the Division of Bookkeeping and Warrants for other accounts, and send forthwith Copies of the Certificates in the latter cases to the Postmaster-General. -- The further duties of this Auditor shall continue as now defined by law, except as the same are modified by the provisions of this Act. (July 31, 1894, c. 174, § 7, 28 Stat. 206.) § 420a. Place of audit of accounts of military establishment—The Secretary of the Treasury is au- thorized during the war, whenever it shall appear that the public interests require that any of the ac- counts of the Military Establishment be audited at any place other than the seat of Government, to di- rect the Comptroller of the Treasury and the Auditor for the War Department to exercise, either in per- SOn Or through assistants, the powers and perform the duties of their offices at any place or places away from the seat of Government in the mainner that is Or may be required by law at the seat of Govern- ment and in accordance with the provisions of this Section. - - - (a) Performance of duties—When the Secretary Of the Treasury shall exercise the authority herein referred to, the powers and duties of the said comp- troller and auditor, under and pursuant to the pro- Visions of the Act of July thirty-first, eighteen hundred and ninety-four, and all other laws Conferring juris- diction upon those officers, shall be exercised and per- formed in the same manner as nearly as practicable and with the same effect away from the Seat Of GOV- ernment as they are now exercised and performed and have effect at the seat of Government, and deci- Sions authorized by law to be rendered by the Comp- troller at the request of disbursing Officers may be rendered with the same effect by such assistants as may be authorized by him to perform that duty. (b) Performance of duties in foreign countries —When pursuant to this section the said Comptroller and auditor shall perform their duties at a place in a foreign country, the balances arising upon the Set- tlement of accounts and claims of the Military Estab- lishment shall be certified by the auditor to the Divi- sion of Bookkeeping and Warrants of the Treasury Department as now provided for the certification of balances by said auditor in Washington, and the bal- ances so found due shall be final and conclusive upon all branches of the Government, except that any per- son whose account has been settled or the Command- ing officer of the Army abroad, or the Comptroller may obtain a revision of such settlement by the COmp- troller upon application therefor Within three months, the decision to be likewise final and Conclu- sive and the differences arising upon Such revision to be certified to and stated by the auditor as now provided by law: Provided, That certificates of bal- ances due may be transmitted to and paid by the proper disbursing officer abroad instead of by War- rant: Provided further, That any perSOn Whose a C- count has been settled, or the Secretary Of War, may obtain a reopening and review of any settlement made pursuant to this section upon application to the Comp- troller of the Treasury in Washington Within One year after the close of the war, and the action of the comptroller thereon shall be final and conclusive in the same manner as herein provided in the case Of a balance found due by the auditor. (c) Preservation of accounts—The COImptroller and auditor shall preserve the accounts, and the vouchers and papers connected therewith, and the files of their offices in the foreign country and trans- [Page 59] - mit them to Washington within six months after the Close of the war and at such earlier time as may be directed by the Secretary of the Treasury as to any Or all accounts, vouchers, papers, and files. (d) Assistant comptroller and assistant audi- - tor—The Secretary Of the Treasury is authorized to appoint an assistant Comptroller and an assistant auditor and to fix their Compensation, and to desig- nate from among the persons to be employed here- under one or more to act in the absence or disability of such assistant comptroller and assistant auditor. He shall also prescribe the number and maximum compensation to be paid to agents, accountants, clerks, translators, interpreters, and other perSOns Who may be employed in the work under this Section by the Comptroller and auditor. The assistant Comptroller and assistant auditor shall have full pOWer to per- ºr form in a foreign country all the duties with refer- ence to the settlement there of the accounts Of the Military Establishment that the comptroller and au- ditor now have at the seat of Government and in for- eign Countries under the provisions Of this Section, and shall perform such duties in accordance With the instructions received from and rules and regulations made by the comptroller and auditor. Such persons as are residing in a foreign country when first elm- ployed hereunder shall not be required to take an oath of office or be required to be employed pursuant to the laws, rules, and regulations relating to the classi- fied civil Service, nor shall they be reimbursed for Sub- sistence expenses at their post of duty or for expenses in traveling to or from the United States. (e) Examination of books, of contracting, pur- chasing, and disbursing officers—It shall be the duty of all contracting, purchasing, and disbursing officers to allow any representative of the comptroller Or auditor to examine all books, records, and paperS in any way connected with the receipt, disbursement, or disposal of public money, and to render such ac- COUInts and at such times as may be required by the Comptroller. No administrative examination by the War Department shall be required of accounts ren- dered and settled abroad, and the time Within Which these accounts shall be rendered by disbursing Of- ficers shall be prescribed by the comptroller, Who shall have power to waive any delinquency as to time Or form in the rendition of these accounts. All contracts Connected with accounts to be settled by the auditor abroad Shall be filed in his Office there. (£) Employés restored to former positions—Any person appointed or employed under the provisions of this section who at the time is in the Service of the United States shall, upon termination of his Services Hereunder, be restored to the position held by him at the time of such employment. No provision of ex- isting law shall be construed to prevent the payment of money appropriated for the salary of any GOVern- ment officer or employee at the seat of GOverlmment Who may be detailed to perform duty under this Section outside the District of Columbia, and such details are hereby authorized. (g) Appropriation for payment of expenses- For the payment of the expenses in carrying into effect this section, including traveling expenses, per diem of $4 in lieu of subsistence for officers and employees absent from Washington, rent, cablegrams and tele- grams, printing, law books, books of reference, peri- odicals, stationery, office equipment and exchange thereof, supplies, and all other necessary expenses, there is hereby appropriated, Out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $300,000, of which not exceed- ing $25,000 may be expended at Washington for the purposes of this section, but no officer or employee shall receive for duty in Washington any compensation other than his regular Salary. £ 420 (h) (Tit. 7 DEPARTMENT OF THE TREASURY (h) Special disbursing agents of appropriation. —The Secretary of the Treasury may designate not more than two persons employed hereunder to act as special disbursing agents of the appropriation herein, to serve under the direction of the comptroller, and their accounts shall be rendered to and settled by the accounting Officers of the Treasury in Washington. All persons employed under this section shall per- form such additional duties as the Secretary of the Treasury may direct. (i) Authority to administer oaths to American citizens—The comptroller and the auditor, and Such persons as may be authorized in writing by either of them, may administer oaths to American Citizens in respect to any matter within the jurisdiction of ei- ther of said officers and certify the official Charac- ... ter, when known, of any foreign officer whose jurat or certificate may be necessary on any paper to be filed With them. - (j) Sale of Army stores to employés—Persons engaged in work abroad under the provisions Of this section may purchase from Army stores for Cash and at cost price for their own use such articles Or stores as may be sold to Officers and enlisted men. (k) Termination of effective force of section- The authority granted under this section shall ter- minate six months after the close Of the War Or at such earlier date as the Secretary of the Treasury may direct, and it shall be the duty of the Comptroller and auditor to make such reports as the Secretary of the Treasury may require of the expenditures made and work done pursuant to this section, and Such re- ports shall be transmitted to the Congress at Such time as he may decide to be compatible with the pub- lic interest. . . - (I) Limit on compensation of officers—No Of- ficers, employés, or agents appointed or employed un- der this section shall receive more Salary Or Compen- sation than like Officers, employees, Or agents Of the Government now receive. (Sept. 24, 1917, C. 56, § 12, 40 Stat. 293.) § 420 b. Same; date of termination of war—For the purposes of this Act the date of the termination of the war between the United States and the Imperial German Government shall be fixed by proclamation of the President of the United States. (Sept. 24, 1917, c. 56, § 13, 40 Stat. 295.) * § 421. Settlement of accounts; Department of Commerce—The Auditor for the State and Other Departments shall receive and examine all accounts of salaries and incidental expenses of the Office of the Secretary of Commerce and Labor, and of all bu- reaus and Offices under his direction, all a CCOunts re- lating to the Light-House Board, Steamboat-Inspec- tion Service, Immigration, Navigation, Alaskan fur- seal fisheries, the National Bureau of Standards, Coast and Geodetic Survey, Census, Department of Labor, Fish Commission and to all other business within the jurisdiction of the Department of Com- merce and Labor, and Certify the balances arising thereon to the Division. Of Bookkeeping and Warrants and send forthwith a copy of each Certificate to the Secretary of Commerce and Labor. (Feb. 14, 1903, c. 552, § 2, 32 Stat. 826.) § 422. Same; Department of Labor—The Au- ditor for the State and Other Departments shall re- Ceive and examine all accounts of salaries and in- cidental expenses of the office of the Secretary of Labor and of all bureaus and offices under his direc- tion, and all accounts relating to all other business within the jurisdiction of the Department of Labor, and certify the balances arising thereon to the di- Vision of bookkeeping and warrants and send forth- with a copy of each certificate to the Secretary of Labor. (March 4, 1913, c. 141, § 2, 37 Stat. 737.) § 423. Same; Panama Canal—The money ac- Counts of the Panama Canal, under the Panama Ca- nal Act of August twenty-fourth, nineteen hundred IPage 601 - and twelve (Statutes at Large, volume thirty-Seven, page five hundred and sixty), shall continue to be audited by the Auditor for the War Department. (Oct. 22, 1913, c. 32, 38 Stat. 209.) § 424. Same; expenditures in Postal Savings System—All expenditures in the Postal Savings Sys- temſ shall be audited by the Auditor for the Post Of- fice Department. (Aug. 24, 1912, c. 389, § 10, 87 Stat. 559.) § 425. Conclusiveness of balances certified by Auditors—The balances which may from time to time be certified by thé Auditors to the Division of Bookkeeping and Warrants, or to the Postmaster- General, upon the settlements of public accounts, shall be final and conclusive upon the Executive Branch of the Government, except that any perSO]] whose accounts may have been settled, the head of the Executive Department, or of the board, Commis- sion, or establishment not under the jurisdiction of an Executive Department, to which the account per- tains, or the Comptroller of the Treasury, may, within a year, obtain a revision of the said account by the Comptroller of the Treasury, whose decision upon Such revision shall be final and Conclusive upon the Executive Branch Of the GOvernment: Provided, That the Secretary of the Treasury may, when in his judg- ment the interests of the Government require it, sus- pend payment and direct the re-examination of any account. . Upon a certificate by the Comptroller of the Treas- ury of any differences ascertained by him upon revi- Sion the Auditor who shall have audited the acCOunt. shall state an account of Such differences, and certify it to the Division of Bookkeeping and Warrants, ex- cept that balances found and accounts stated as afore- said by the Auditor for the Post-Office Department for postal revenues and expenditures therefrom shall be certified to the Postmaster-General. Any person accepting payment under a settlement by an Auditor shall be thereby precluded from ob- taining a revision of such settlement as to any items upon which payment is accepted; but nothing in this Act shall prevent an Auditor from Suspending item's in an account in Order to obtain further evidence Or explanations necessary to their settlement. When suspended items are finally settled a revision may be had as in the case of the Original settlement. AC- tion upon any account or business shall not be de- layed awaiting applications for revision: Provided, That the Secretary of the Treasury shall make regu- lations fixing the time which shall expire before a warrant is issued in payment of an account certified as provided in sections seven and eight of this Act. The Auditors shall, under the direction of the Comptroller of the Treasury, preserve, with their vouchers and Certificates, all accounts which have been finally adjusted. All decisions by Auditors making an Original Con- struction or modifying an existing construction of Statutes shall be forthwith reported to the Comptrol- ler of the Treasury, and items in any account affected by Such decisions shall be Suspended and payment thereof withheld until the Comptroller of the Treas- ury shall approve, disapprove, or modify such deci- Sions and certify his actions to the Auditor. All de- cisions made by the Comptroller of the Treasury un- der this Act shall be forthwith transmitted to the Auditor or Auditors whose duties are affected there- by. - - Disbursing officers, or the head of any Executive Department, or other establishment not under any of the Executive Departments, may apply for and the Comptroller of the Treasury shall render his decision upon any question involving a payment to be made by them or under them, which decision, When ren- dered, shall govern the Auditor and the Comptroller of the Treasury in passing upon the account contain- ing said, disbursement. (July 31, 1894, c. 174, § 8, 28 Stat. 207.) • Ch. 4) 3 435 DEPARTMENT OF THE TREASURY IPage 611 § 426. Application of laws relating to Audi- tors—All laws not inconsistent with this Act, relat- ing to the Auditors of the Treasury in connection with any matter, shall be understood in each Case to relate to the Auditor to whom this Act assigns the business of the Executive Department or other estab- lishments concerned in that matter. (July 31, 1894, c. 174, § 9, 28 Stat. 208.) - - § 427. Requisitions for advances—Every requi- sition for an advance of money, before being acted On by the Secretary of the Treasury, shall be sent to the proper Auditor for action thereon as required by Sec- tion twelve Of this Act. All Warrants, when authorized by law and signed by the Secretary of the Treasury, shall be counter- signed by the Comptroller of the Treasury, and all Warrants for the payment of money shall be a CCOm- panied either by the Auditor’s certificate, mentioned in Section Seven of this Act, or by the requisition for advance of money, which certificate or requisition shall specify the particular appropriation to which the same should be charged, instead of being speci- fied on the warrant, as now provided by section thir- ty-six hundred and Seventy-five Of the Revised Stat- utes; and shall also go with the warrant to the Treasurer, who shall return the certificate or requisi- tion to the proper Auditor, with the date and amount of the draft issued indorsed thereon. Requisitions for the payment of money on all audited accounts, or for covering money into the Treasury, shall not hereafter be required. And requisitions for advances Of money shall not be countersigned by the Comptrol- ler of the Treasury. (July 31, 1894, c. 174, § 11, 28 Stat. 209.) § 428. Rendition of current accounts—All monthly accounts shall be mailed Or otherwise sent to the proper officer at Washington within ten days after the end of the month to which they relate, and quarterly and other accounts within twenty days after the period to which they relate, and Shall be transmitted to and received by the Audi- tors within twenty days of their actual receipt at the proper Office, in Washington in the case of monthly, and Sixty days in the case of quarterly and other accounts. Should there be any delinquency in this regard at the time of the receipt by the Auditor of a requisition for an advance of money, he shall disap- prove the requisition, which he may also do for other reasons arising Out of the condition of the Officer's accounts for, whom the advance is requested ; but the Secretary of the Treasury may overrule the Audi- tor’s decision as to the sufficiency of these latter rea- Sons: Provided, That the Secretary of the Treasury shall prescribe suitable rules and regulations, and may make Orders in particular cases, relaxing the requirement of mailing or otherwise sending accounts, as aforesaid, within ten or twenty days, or waiving delinquency, in such cases only in which there is, or is likely to be, a manifest physical difficulty in COmplying With the same, it being the purpose of this provision to require the prompt rendition of ac- COunts Without regard to the mere Convenience of the Officers, and to forbid the advance of money to those delinquent in rendering them: Provided further, That should there be a delay by the administrative De- partments beyond the aforesaid twenty or sixty days in transmitting accounts, an order of the President, Or, in the event Of the absence from the seat of Goy- ernment or Sickness of the President, an order of the Secretary of the Treasury, in the particular case, shall be necessary to authorize the advance of money requested: And provided further, That this section Shall not apply to a CCOunts of the postal revenue and expenditures therefrom, which shall be rendered as now required by law. (July 31, 1894, c. 174, § 12, 28 Stat. 209, amended, March 2, 1895, c. 177, § 4, 28 Stat. 807.) § 429. Administrative examination of ac- counts—Hereafter the administrative examination of all public accounts, preliminary to their audit by the accounting officers of the Treasury, shall be made as Contemplated by the so-called Dockery Act, approved July ‘thirty-first, eighteen hundred and ninety-four, and all Vouchers and pay rolls shall be prepared and eXamined by and through the administrative heads of divisions and bureaus in the executive departments and not by the disbursing clerks of said departments, except those vouchers heretofore prepared outside of Washington may continue to be so prepared and the disbursing officers shall make only such examination of Vouchers as may be necessary to ascertain whether they represent legal claims against the United States. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 375.) § 430. Transmission of accounts of courts in Alaska, to Department of Justice—When, in the Opinion of the Attorney-General, it will be impos- sible for the accounts of any court official or other person whose accounts pertain to the United. States Courts in Alaska to be transmitted to the Department of Justice within the period prescribed by law, the Attorney-General may modify, as he may deem prop- er, any requirement Of law Concerning the time When Such a CCOUInts Shall be rendered and transmitted. (March 3, 1909, c. 269, § 10, 35 Stat. 842.) § 431. Administrative examination of ac- counts of Army expenditures—The time for exami- nation of monthly accounts, covering expenditures from appropriations for the Army, by the bureaus and offices of the War Department, after the date of actual receipt and before transmitting the same to the Audi- tor for the War Department, as limited by section twelve, Act approved July thirty-first, eighteen hun- dred and ninety-four, is hereby extended from twenty to sixty days. (March 2, 1901, c. 803, 31 Stat. 910.) § 432. Transmission of accounts of marshals to Auditor—The time prescribed by law for the transmission of a CCOUnts of United States marshals and other disbursing officers of the Department of Justice to the Auditor for the State and Other Depart- ments is hereby extended from Sixty to eighty days after the date of their receipt in the Department of Justice at Washington, District of Columbia. (March 4, 1907, c. 2918, § 1, 34 Stat. 1360.) § 433. Rendition of accounts of officers of courts—Before transmission to the Department of the Treasury, the accounts of district attorneys, assist- ant attorneys, marshals, commissioners, clerks, and other officers of the courts of the United States, ex- Cept Consular courts, made out and approved as re- quired by law, and accounts relating to prisoners Con- victed or held for trial in any court of the United States, and all other accounts relating to the business of the Department of Justice or of the courts of the United States other than consular courts, shall be Sent With their vouchers to the Attorney-General and examined under his supervision. (July 31, 1894, c. 174, § 13, 28 Stat. 210.) § 434. Administrative audit of accounts un- der Department of Justice—The administrative au- dit Of all expenditures under the control of the De- partment of Justice shall hereafter be made in the Division of Accounts of that Department. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 404.) § 434a. Transmission of accounts of expendi- tures in Territories to Secretary of Interior— Hereafter the accounts and vouchers relating to the expenditure Of the appropriations for government in the Territories shall be transmitted to the Secretary of the Interior for administrative examination and by him passed to the Auditor for the Interior De- partment for settlement. (March 4, 1915, c. 141, § 1, 38 Stat. 1021.) - § 435. Accounts presented to Auditor with- out administrative examination—In the case of Claims presented to an Auditor, which have not had an administrative examination, the auditor shall Cause them to be examined by two of his subordinates 3 436 (Tit. 7 DEPARTMENT OF THE TREASURY IPage 62] independently of each other. (July 31, 1894, c. 174, § 14, 28 Stat. 210.) § 436. Papers transmitted with accounts of customs officers—It shall be the duty of the collect- Ors Of Customs and Other Officers of Customs to trans- nait, with their accounts, to the Officers charged with the settlement of their accounts, all such papers, rec- ords, or COpies thereof relating to their transactions as Officers Of Customs as the Secretary Of the Treas- ury may direct. 210.) § 437. Regulations for carrying out provisions of act—It shall be the duty Of the Secretary of the Treasury to make appropriate rules and regulations for carrying out the provisions of this Act, and for transferring Or preserving books, papers, Or Other property appertaining to any Office or branch of busi- ness affected by it. * - It shall also be the duty of the heads Of the sev- eral Executive Departments and of the proper of ficers of Other Government establishments, not within the jurisdiction of any Executive Department, to make appropriate rules and regulations to Secure a proper administrative examination of all accounts sent to them, as required by section twelve Of this Act, before their transmission to the Auditors, and for the execution of other requirements of this Act in so far as the Same relate to the Several Depart- ments or establishments. (July 31, 1894, c. 174, § 22, 28 Stat. 210.) § 438. Re-examination of disallowed claims— Nothing in this Act shall be construed to authorize the re-examination and payment of any claim or ac- count which has heretofore been disallowed or set- tled. (July 31, 1894, c. 174, § 23, 28 Stat. 21.1.) - $ 439. Property returns by officers—Instead of forwarding to the accounting officers of the Treasury Department returns of public property entrusted to the possession of Officers Or agents, the QuartermaS- ter-General, the Commissary-General Of Subsistence, the Surgeon-General, the Chief of Engineers, the Chief Of Ordnance, the Chief Signal Officer, the Paymaster- General of the Navy, the Commissioner of Indian Af- fairs, or other like chief Officers in any Department, by, through, or under whom stores, supplies, and Oth- er public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting of- ficer of the Treasury Department, for debiting on the proper account, any Charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him. (March 29, 1894, C. 49, § 1, 28 Stat. 47.) § 440. Same; certificate as to lost property— Said certificate shall set forth the Condition of such Officer's or agent’s property returns, that it includes all charges made up to its date and not previously Certified, that he has had a reasonable Opportunity to be heard and has not been relieved Of responsibili- ty; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting Officers Of the Treasury Department in a CCOunting. § 2, 28 Stat. 47.) § 441. Same; manner of making—The manner of making property returns to Or in any administra- tive bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this Act, except as provided in Section One ; but in all cases arising as to Such prop- erty so intrusted the officer or agent shall have an opportunity to relieve himself from liability. (March 29, 1894, c. 49, § 3, 28 Stat. 47.) § 442. Same; regulations—The heads of the sev- eral Departments are hereby empowered to make and enforce regulations to carry out the provisions of this act. (March 29, 1894, c. 49, § 4, 28 Stat. 47.) (July 31, 1894, c. 174, § 20, 28 Stat. (March 29, 1894, c. 49, § 443. Recovery of debts to United States cer- tified to Auditors—The Auditozs, under the direc- tion of the Comptroller of the Treasury, shall super- intend the recovery Of all debts finally certified by them, respectively, to be due to the United States. (July 31, 1894, c. 174, § 4, 28 Stat. 206.) § 444. Delegation of duties of deputy auditor —Hereafter in case of the absence or sickness of any deputy auditor of the Treasury Department, the Sec- retary of the Treasury may, by an appointment under his hand and Official seal, delegate to any officer, not below the grade of a fourth-class clerk, in the Office Of Said auditor, the authority to perform the duties Of deputy auditor until such absence or sickness shall cease. (March 2, 1895, c. 177, § 1, 28 Stat. 777.) $ 445. Employees designated to countersign warrants—Hereafter the Secretary of the Treasury may from time to time designate any employees in the office of the Auditor for the Post-Office Department above the grade of class one to countersign warrants and drafts in the name of the auditor and such war- rants and drafts, When SO COUnterSigned, shall be of the same validity as if countersigned by the Auditor for the Post-Office Department. (March 4, 1909, c. 297, § 1, 35 Stat. 866.). - - - § 446. Settlement of accounts of Army officers —The Second Auditor shall audit and Settle the ac- COunts of line Officers of the Army, to the extent of the pay due them for their services as such, notwith- Standing the inability of any such line Officer to ac- COunt for property intrusted to his possession, or to make his monthly reports or returns, if such Auditor Shall be Satisfied by the affidavit of the Officer or Oth- erwise that the inability was caused by the Officer’s having been a prisoner in the hands of the enemy, or by any accident or casualty of war. (R. S. § 278.) § 447. Signing bounty certificates—The Second Auditor may detail One clerk to sign, in the place Of the Auditor, all Certificates and papers issued under any provisions of law relating to bounties; but the Auditor shall be responsible for the Official acts of such clerk. (R. S. § 279.) - § 448. Settlement of advance bounties—Any moneys paid by a paymaster in the Arſhy to an en- listed man as an advance bounty shall be allowed in the settlement of the accounts of the paymaster, not- withstanding the discharge of such enlisted man be- fore serving the time required by law to entitle him to payment of such moneys. (R. S. § 280.) § 449. Settlement of overpayments—The prop- er accounting officers are authorized, in the Settle- ment of the accounts of the paymasters of the Army, to allow such credits for overpayments made in good faith on public account, since the fourteenth day of April, eighteen hundred and sixty-one, and before the sixteenth day of March, eighteen hundred and sixty- eight, as shall appear to them, by such vouchers and testimony as they shall require, to be just. (R. S. § 281.) - § 450. Claims for arrears of pay and bounty already paid–Hereafter nothing in Section tWO hun- dred and seventy-seven of the Revised Statutes shall be construed as to prevent the Second Auditor of the Treasury from disallowing claims for arrears of pay and bounty in cases where it appears from the rec- ords and files of his office that payment in full has already been made to the soldier himself, or to his widow or legal heirs: Provided, That if any person whose claim may be disallowed be dissatisfied with the action of the Auditor, he may, Within Six months, appeal to the Second Comptroller; otherwise the Auditor's action shall be deemed final and conclusive and be subject to revision Only by CongreSS Or the proper courts. (July 16, 1892, c. 196, § 1, 27 Stat. 194.) § 451. Same—Back pay and bounty: For pay- ment of amounts for arrears of pay of two and three year volunteers, for bounty to volunteers and their widows and legal heirs, for bounty under the Act of Ch. 4) 3 463 DEPARTMENT OF THE TREASURY dollars: [Page 631 July twenty-eight, eighteen hundred and sixty-six, and for amounts for commutation of rations to pris- oners of war in rebel States, and to soldiers on fur- lough, that may be certified to be due by the account- ing officers of the Treasury during the fiscal year nineteen hundred and eight, two hundred thousand Provided, That in all cases hereafter SO certified the said accounting officers shall, in Stating balances, follow the decisions of the United States Su- preme Court or of the Court of Claims of the United States after the time for appeal has expired, if no appeal be taken, without regard to former Settle- ments or adjudications by their predecessors. (March 4, 1907, c. 2918, § 1, 34 Stat. 1356.) - - - § 452. Evidence of honorable discharge re- turned to officers and enlisted men—In all cases where it has become necessary for any officer Or en- listed man of the Army to file his evidence of honora- ble discharge from the military service of the United . States, to secure the settlement of his accounts, the accounting officer with whom it has been filed shall, upon application by said officer or enlisted man, de- liver to him such evidence of honorable discharge ; but his accounts shall first be duly settled, and the fact, date, and amount of such settlement shall be clearly written across the face of such evidence of honorable discharge, and attested by the signature of the accounting officer before it is delivered. (R. S. § 282.) - - - - •' . § 453. Payment of claims for pay and allow- ances—In the settlement of claims of officers, Sol- diers, sailors, and marines, or their representatives, and all other claims for pay and allowances within the jurisdiction of the Auditor for the War Depart- ment or the Auditor for the Navy Department, pre- Sented and filed hereafter in which it is the present practice to make deductions of attorneys’ fees from the amount found due, no deductions of fees for attorneys or agents shall hereafter be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-Office address (residence or place of busi- ness). (June 6, 1900, c. 791, 31 Stat. 637.) § 454. Accounts of Departments of War and the Navy—The Auditors charged with the examina- tion of the accounts of the Departments of War and of the Navy, shall keep all accounts of the receipts and expenditures of the public money in regard to those Departments, and of all debts due to the Unit- ed States on moneys advanced relative to those De- partments; shall receive from the Second Comptrol- ler the accounts which shall have been finally ad- justed, and shall preserve such accounts, with their vouchers and certificates, and record all requisitions drawn by the Secretaries of those Departments, the examination of the accounts of which has been as- signed to them. They shall annually, on the first Monday in November, severally report to the Secre- tary of the Treasury the application of the money appropriated for the Department of War and the Department of the Navy, and they shall make such reports on the business assigned to them as the Sec- retaries of those Departments may deem necessary and require. (R. S. § 283.) § 455. Accounts of paymasters of lost or cap- tured public vessels—In every case of the loss or capture of a vessel belonging to the Navy of the Unit- ed States, the proper accounting officers of the Treas- ury, under the direction of the Secretary of the Navy, are authorized, in the settlement of the accounts of the paymaster of such vessel, to credit him with such portion of the amount of the provisions, clothing, Small stores, and money, with which he stands charg- ed On the books of the Fourth Auditor of the Treas- ury, as they shall be satisfied was inevitably lost by Such capture or loss of a public vessel; and such purser shall be fully exonerated by Such credit from all liability on account of the provisions, clothing, Small stores, and money so proved to have been cap- tured or lost. (R. S. § 284, amended, Feb. 18, 1875, C. 80, § 1, 18 Stat. 317.) - § 456. Disbursements by order of command- ing officer of Navy—Every disbursement of public moneys, or disposal of public stores, made by a dis- bursing officer pursuant to an order of any command- ing officer of the Navy, shall be allowed by the prop- er accounting officers of the Treasury, in the settle- ment of the accounts of the officer, upon satisfactory evidence of the making of such order, and of the payment of money or disposal of stores in conformity With it; and the commanding Officer by whose Order such disbursement or disposal was made, shall be held accountable for the same. (R. S. § 285.) § 457. Settlement of expenses of intercourse with foreign nations—Whenever any sum of money has been Or shall be issued, from the Treasury, for the purposes of intercourse or treaty with foreign nations, in pursuance of any law, the President is authorized to cause the same to be duly settled an- nually with the proper accounting officers of the Treasury, by causing the same to be accounted for, specifically, if the expenditure may, in his judgment, be made public; and by making or causing the Secre- tary of State to make a certificate of the amount of such expenditure as he may think it advisable not to specify ; and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended. (R. S. § 291.) r § 458. Collection of debts due Post-Office Department—The Sixth Auditor Shall superintend the collection of all debts due the Post-Office Depart- ment, and - all penalties and forfeitures imposed for any violation of the postal laws, and take all such other measures as may be authorized by law to en- force the payment of such debts and the recovery of Such penalties and forfeitures. He shall also super- intend the collection of all penalties and forfeitures arising under other statutes, where such penalties and forfeitures are the COnsequence Of unlawful acts af- fecting the revenues or property of the Post-Office De- partment. (R. S. § 292.) § 459. Suits on postmasters’ bonds—Hereafter all fees for United States Attorneys, Marshals, Clerks Of Courts and Special Counsel necessarily employed in prosecuting civil suits instituted by the Auditor for the Post Office Department through the Solicitor of the Treasury against the Sureties On the Official bonds of late post-masters, as provided for by section two hundred and ninety-two, Revised Statutes of the Unit- ed States, shall be paid from the appropriations for expenses of the United States Courts. (Feb. 26, 1896, c. 33, 29 Stat. 25.) - § 460. Accounts of money-order business—The Sixth Auditor shall keep the accounts of the money- Order business separately, and in such manner as to show the number and amount of money-orders is- sued at each office, the number and amount paid, the amount of fees received, and all the expenses of the money-order business. (R. S. § 293.) § 461. Accounts of expenses of postmasters— The Sixth Auditor shall state and certify quarterly to the POstmaster-General an account of the money paid by postmasters out of the receipts of their of fices, and pursuant to appropriations, on account of the expenses of the postal service; designating the heads under which Such payments Were made. (R. S. § 294.) - § 462. Accounts of expenditures of Post-Of- fice Department under appropriations—Hereafter the Sixth Auditor shall keep the accounts in his Office SO as to show the expenditures Of the Post-Of- fice Department under each item of appropriation provided by law. (March 3, 1875, c. 128, § 4, 18 Stat. 343.) - § 463. Reports of financial condition of Post- Office Department—The annual reports of the Au- ditor of the Treasury for the Post-Office Department to the Postmaster-General shall show the financial 3 464 (Tit. 7 DEPARTMENT OF THE TREASURY. IPage 641 Condition of the Post-Office Department at the close of each fiscal year, and be made a part of the Post- Imaster General’s annual report to Congress for that fiscal year. (July 12, 1876, c. 179, § 4, 19 Stat. 80.) § 464. Compromise of judgments—Whenever a judgment is obtained for a debt or damages due the Post-Office Department, and it satisfactorily appears that such judgment, or so much thereof as remains unpaid, cannot be collected by due process of law, the Sixth Auditor may, with the written consent of the Postmaster-General, compromise such judgment, and acCept in Satisfaction less than the full amount there- of. (R. S. § 295.) § 465. Papers in suits for delinquencies in Post-Office Department—In case of delinquency of any postmaster, contractor, or other officer, agent, Or employé of the Post-Office Department, in which suit is brought, the Sixth Auditor shall forward to the Department of Justice certified copies of all papers in his office tending to sustain the claim. (R. S. § 296.) - § 466. Auditors may administer oaths—The Several Auditors are empowered to administer oaths to witnesses in any case in which they may deem it necessary for the due examination of the accounts with which they shall be charged. (R. S. § 297.) § 467. Oaths in settlements with Sixth Audi- tor—Any mayor of a city, justice of the peace, or judge of any Court of record in the United States, may administer oaths, in relation to the examination and settlement Of the accounts committed to the Charge of the Sixth Auditor. (R. S. § 298.) § 468. Allowance of lost checks—Whenever the disbursing officer or agent by whom was issued any check which has been lost, destroyed, or stolen, is dead, or no longer in the service of the United States, the proper accounting Officer shall, under such regu- lations as the Secretary of the Treasury may pre- scribe, state an account in favor of the Owner of such Original Check for the amount thereof, and charge such amount to the account of such officer or agent. (R. S. § 300.) § 469. Claims for quartermaster’s stores—All claims of loyal citizens in States not in rebellion, for quartermaster’s stores actually furnished to the Army of the United States, and receipted for by the proper officer receiving the same, or which may have been taken by such officers without giving such receipt, may be submitted to the Quartermaster-General of the United States, accompanied with such proofs as each claimant Can present Of the facts in his case ; and it shall be the duty of the Quartermaster-General to cause such claim to be examined, and if convinced that it is just, and of the loyalty of the claimant, and that the Stores have been actually received Or taken for the use of, and used by the Army, then to report each case to the Third Auditor of the Treasury, with a recommendation for settlement. (R. S. § 300A.) § 470. Claims for subsistence—All claims of loyal citizens in States not in rebellion for subsistence actually furnished to the Army and receipted for by the proper officer receiving the same, or which may have been taken by such officers without giving such receipt, may be submitted to the Commissary-Gen- eral of Subsistence, accompanied by Such proof aS each claimant may have to offer ; and it shall be the duty of the Commissary-General of Subsistence to cause each claim to be examined, and if convinced that it is just, and of the loyalty of the claimant, and that the stores have actually been received, or taken for the use of, and used by the Army, then to report each case for payment to the Third Auditor of the Treasury with a recommendation for settlement. The provisions Of the above two sections shall ex- tend to the State Of Tennessee, and to the Counties of Berkeley and Jefferson in the State of West Vir- ginia. But the provisions of the above two sections shall not authorize the payment of claims for the Occupation of, or injury to, real estate in any State declared in insurrection during the rebellion. (R. S. § 300B.) § 471. Allowance of claims for stores and supplies–The Quartermaster General, Commissary General, and Third Auditor of the Treasury shall COntinue to receive, examine, and consider the jus- tice and validity of such claims as shall be brought before them under the act of July fourth, eighteen hundred and sixty-four, and the acts amendatory thereof; and the Secretary of the Treasury shall make report of each claim allowed by them, at the Commencement of each session of Congress, to the Speaker of the House of Representatives, who shall lay the same before Congress for consideration. (June 16, 1874, c. 285, § 2, 18 Stat. 75.) see Chapter Five—The Treasurer 472. Treasurer. 473. Same; salary. 474. Same; bond. 475. Assistant Treasurer. 476. Same; when may act as Treasurer. 477. Divisions of Issue and of Redemption. 478. Treasurer; duties. - 479. Same; payment of salaries of Senators, Members and officers of Congress. 480. Liabilities outstanding three or more years. 481. Vouchers for drafts remaining unpaid. 482. Payment upon presentation of outstanding drafts. 483. Accounts of disbursing officers unchanged for three years. 484. Reports of Treasurer, bursing officers. R; of Auditor of unpaid checks of disbursing of- CerS. § 472. Treasurer—There shall be in the Depart- ment of the Treasury a Treasurer of the United States, who shall be appointed by the President, by and with the advice and consent of the Senate, and Shall be entitled to a salary of [six thousand five hundred dollars] a year. (R. S. § 301.) Salary of Treasurer fixed at $8,000 per year. See § 473. § 473. Same; salary—Hereafter the salary of the Treasurer of the United States shall be eight thou- Sand dollars per annum. (March 4, 1909, c. 314, § 7, 35 Stat. 1065.) - § 474. Same; bornd—The Treasurer shall, before entering up On the duties of his office, give bond, with Sufficient sureties, to be approved by the Secretary Of the Treasury and by the First Comptroller, in the Sum of One hundred and fifty thousand dollars, pay- able to the United States, with condition for the Assistant Treasurers, and dis- 484a. faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the First Comptroller. (R. S. § 302.) § 475. Assistant Treasurer—There shall be in the Department of the Treasury an Assistant Treas- urer of the United States, who shall be appointed by the President, by and with the advice and consent Of the Senate, and shall be entitled to a salary of two thousand eight hundred dollars a year. (R. S. § 303.) * See § 352. Salary of Assistant Treasurer fixed at $3,600, and Deputy Assistant Treasurer at $3,200, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1086. - - § 476. Same; when may act as Treasurer—The Treasurer may, in his discretion, and with the con- Sent of the Secretary of the Treasury, authorize the Assistant Treasurer to act in the place and discharge any Or all the duties Of the Treasurer of the United States; and in the event of the absence or illness of either the Treasurer or the Assistant Treas- urer, or both, the Secretary of the Treasury may, on the recommendation of the Treasurer appoint for a term not exceeding thirty days at one time, from among the Clerks in the Treasury, any One of Said clerks to be Acting Assistant Treasurer during such absence or illness: Provided, however, That no such appointment shall be made until the Official bond given by the principal Of the office shall be made in terms to COver and apply to the acts and defaults of every Such person so appointed from time to time. Ch. 5) 3 484 DEPARTMENT OF THE TREASURY [Page 65] Such acting officer shall, moreover, for the time be- ing, be subject to all the liabilities and penalties pre- Scribed by law for the official misconduct in like cas- es Of the Assistant Treasurer, for whom he acts. (R. S. § 304, amended, March 31, 1886, c. 41, 24 Stat. 9.) - - § 477. Divisions of Issue and of Redemption— That there be established in the Treasury Department, as a part of the Office of the Treasurer Of the United States, divisions to be designated and known as the division of issue and the division of redemption, to Which Shall be assigned, respectively, under such reg- ulations as the Secretary of the Treasury may ap- proVe, all records and accounts relating to the issue and redemption of United States notes, gold certifi- Cates, Silver Certificates, and currency certificates. There shall be transferred from the accounts of the general fund of the Treasury of the United States, and taken up On the books of said divisions, respec- tively, accounts relating to the reserve fund for the redemption of United States notes and Treasury notes, the gold coin held against outstanding gold Certificates, the United States notes held against out- Standing currency certificates, and the silver dol- lars held against outstanding silver certificates, and each of the funds represented by these accounts shall be used for the redemption of the notes and certifi- Cates for which they are respectively pledged, and Shall be used for no other purpose, the same being held as trust funds. (March 14, 1900, c. 41, § 4, 31 Stat. 46.) § 478. Treasurer; duties—The Treasurer shall receive and keep the moneys of the United States, and disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by either Comptroller, and recorded by the Register, and not Otherwise. He shall take receipts for all moneys paid by him, and shall give receipts for all moneys re- Ceived by him ; and all receipts for moneys received by him shall be indorsed upon warrants signed by the Secretary of the Treasury, without which war- rant, so signed, no acknowledgment for money re- Ceived into the public Treasury shall be valid. . He shall render his accounts to the First Comptroller Quarterly, or oftener if required, and shall transmit a Copy thereof, when settled, to the Secretary Of the Treasury. He shall at all times Submit to the Sec- retary of the Treasury and the First Comptroller, or either of them, the inspection of the moneys in his hands. (R. S. § 305.) § 479. Same; payment of salaries of Senators, Members and officers of Congress—Whenever any appropriation made for the payment of the salaries of Senators, Members, and Delegates in Congress, or the Officers and employees of both or either of the houses thereof, or for the expenses of the same, or any committees thereof, cannot be lawfully disbursed by Or through the Officers Specially charged with Such disbursements, such disbursements may be made for the purposes named in said appropriations by the Treasurer of the United States, who shall take prop- er vouchers therefor and charge such disbursements against Such appropriations; and the accounts there- for shall be audited and passed or rejected, as the law may require, in the same manner that similar accounts are or may be required by law to be audited and passed or rejected. (June 22, 1882, c. 236, 22 Stat. 108.) § 480. Liabilities outstanding three or more years—At the termination of each fiscal year all amounts of moneys that are represented by Certiſi- cates, drafts, or checks, issued by the Treasurer, Or by any disbursing officer of any Department of the Government, upon the Treasurer or any assistant treasurer, or designated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as COMP. ST.’18—5 Standing to the credit of any disbursing officer, and Which were issued to facilitate the payment of war- rants, Or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained outstanding, unsatis- fied, and unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be Carried to the credit of the parties in whose favor Such Certificates, drafts, or checks were respectively issued, or to the persons who are entitled to receive pay therefor, and into an appropriation account to * genominated “outstanding liabilities.” (R. S. § § 48l. Vouchers for drafts remaining unpaid —The certificate of the Secretary of the Treasury, Stating that the amount of any draft issued by the Treasurer, to facilitate the payment of a warrant directed to him for payment, has remained outstand- ing and unpaid for three years or more, and has been deposited and covered into the Treasury in the man- ner prescribed by the preceding section, shall be, when attached to any such warrant, a sufficient voucher in Satisfaction of any such warrant or part of any Warrant, the same as if the drafts correctly indorsed and fully satisfied were attached to such warrant or part of Warrant. And all such moneys mentioned in this and in the preceding section shall remain as a permanent appropriation for the redemption and pay- ment of all such outstanding and unpaid certificates, drafts, and checks. (R. S. § 307, amended, July 31, 1894, c. 174, § 16, 28 Stat. 210.) § 482. Payment upon presentation of out- standing drafts—The payee or the bona-fide holder of any draft or check the amount of which has been deposited and covered into the Treasury pursuant to the preceding sections, shall, on presenting the same to the proper officer of the Treasury, be entitled to have it paid by the settlement of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. (R. S. § 308.) § 483. Accounts of disbursing officers un- changed for three years—The amounts, except such as are provided for in section three hundred and Six, of the accounts of every kind of disbursing Offi. Cer, Which shall have remained unchanged, or which Shall not have been increased by any new deposić thereto, nor decreased by drafts drawn thereon, for the Space of three years, shall in like manner be COVered into the Treasury, to the proper appropria- tion to which they belong; and the amounts thereof Shall, On the certificate of the Treasurer that such amount has been deposited in the Treasury, be cred- ited by the proper accounting officer of the Depart- ment of the Treasury on the books of the Depart- ment, to the officer in whose name it had stood on the books of any agency of the Treasury, if it appears that he is entitled to such credit. (R. S. § 309.) § 484. Reports of Treasurer, assistant treas- urers, and disbursing officers—The Treasurer, each assistant treasurer, and each designated depositary Of the United States, and the cashier of each of the national banks designated as such depositaries, shall, at the close of business on every thirtieth day of June, report to the Secretary of the Treasury the Condition of every account standing, as in the pre- Ceding section specified, on the books of their re- Spective Offices, stating the name of each depositor, With his official designation, the total amount re- maining on deposit to his credit, and the dates, re- Spectively, Of the last credit and the last debit made to each account. [And each disbursing officer shall make a like return of all checks issued by him, and which may then have been Outstanding and unpaid for three years and more, stating fully in Such re- port the name Of the payee, for What purpose each check was given, the office on which drawn, the num- ber of the voucher received therefor, the date, num- 3 484a (Tit. 7 DEPARTMENT OF THE TREASURY [Page 661 ber, and amount for which it was drawn, and, When known, the residence of the payee.] (R. S. § 310.) § 484a. Reports of Auditor of unpaid checks of disbursing officers—Hereafter at the termination of each fiscal year each Auditor of the Treasury shall report to the Secretary of the Treasury all checks issued by any disbursing Officer of the GOVernment as shown by his accounts rendered to such auditor, which shall then have been outstanding and unpaid for three years or more, stating fully in Such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, the number, and the amount for which it was drawn, and, When Known, the residence of the payee. And such reports #hall be in lieu of the returns required of disburs- $ng Officers by section three hundred and ten of the Płevised Statutes. (July 1, 1916, c. 209, § 5, 39 Stat. 336.) (R. S. § 311. Repealed.) This section required a report by the Treasurer, at each session of Congress, of his accounts and of the state of the º: Repealed by Act March 29, 1894, c. 48, 28 al. 4'ſ, Chapter Six—The Register 485. Register; salary. 486. Same; duties. 487. Assistant Register; salary. 488. Same; duties. 489. Temporary Acting Assistant Register. § 485. Register; salary—There shall be in the Department of the Treasury a Register of the Treas- ury, who shall be appointed by the President, by and With the advice and consent Of the Senate, and Shall be entitled to a salary of [four thousand dollars] a year. (R. S. § 3.12.) See § 352. Salary of Register fixed at $4,000. March 3, 1917, c. 163, § 1, 39 Stat. 1086. ...(R. S. § 313. Repealed.) This section prescribed the duties of the Register. The section was expressly repealed, and so much of R. S. §§ 283, 3675, as required accounts of receipts and ex- penditures of public money to be kept by certain Auditors and the Register, was also repealed, by section 10 of the Dockery Act, ante, § 356. t So much of R. S. § 305, as required the Register to re- cord warrants, was repealed by section 11 of the same act, ante, § 427. And by section 16 of that act, R. S. § 307, was amended, by substituting the Secretary of the Treasury instead of the Register, in the provision made thereby for certifying that drafts remain unpaid. Immediately following the repeal of this section in sec- tion 10 of the Dockery Act is a clause relating to the du- ties of the Register, which is set forth post, § 486. These changes in the duties of the Register were made as part of the change in "the system of accounting in the Department, by provisions of said act. Certain duties of the Register, under provisions of Title XLVIII, “Regulation of Commerce and Navigation,” and Title L, “Regulation of Vessels in Domestic Commerce,” in regard to the surrender or return of registers, enroll- ments, and licenses of vessels, were transferred to the Commissioner of Navigation by the act establishing a Bu- reau of Navigation, Act July 5, 1884, c. 221, § 2, post, § 891. The Bureau of Navigation was transferred to the Depart- ment of Commerce by section 4 of the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, post, $ 857. § 486. Same; duties—The duties of the Register of the Treasury shall be such as are now required of him in connection with the public debt and such fur- See Act ther duties as may be prescribed by the Secretary of the Treasury. (July 31, 1894, c. 174, § 10, 28 Stat. 208.) § 487. Assistant Register; salary—There shall be in the office of the Register of the Treasury an Assistant Register, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of [two thousand dollars] a year. (R. S. § 314.) See § 352. Salary of Assistant Register fixed at $2,500. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1086. § 488. Same; duties—The Assistant Register shall perform such duties as may be devolved on him: by the Register, and, in the absence of the Register, shall act in his stead ; and any official record, certifi- cate, or other document, excepting warrants, bonds, and drafts, signed by the Assistant Register, shall have the same effect as if signed by the Register. (R. S. § 315.) § 489. Temporary Acting Assistant Register- During the absence of the Register Of the Treasury, and While the Assistant Register is discharging, un- der the law, the duties of Register during his Said absence, the Secretary of the Treasury may, by ap- pointment under his hand and Seal, delegate author- ity to any Chief of Division or clerk in the office of Register to act as Assistant Register during the Said absence of the Register. (Dec. 13, 1892, No. 1, 27 Stat. 752.) 2’ Chapter Seven—The Commissioner of Customs - (R. S. §§ 316–318. and transferred.) The matter in this chapter in R. S. 1878 has been super- seded, and transferred to other places in this compilation. See §§ 402, 408, 409, 425. Omitted, superseded Chapter Eight—The Commissioner of Sec. Internal Revenue 490. Commissioner. 491. Chief Clerk. 492. Duties of Commissioner. 493. Deputy Commissioner; salary. 494. Same; duties. 494a. Same; designation to act as Commissioner. § 490. Commissioner—There shall be in the De- partment of the Treasury a Commissioner of Inter- nal Revenue, who shall be appointed by the President, by and with the advice and consent of the Senate, and Shall be entitled to a salary of six thousand dollars a year. (R. S. § 319.) See § 352. Salary of Commissioner fixed at $6,500, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1087. § 491. Chief Clerk—The Commissioner of Inter- nal Revenue is authorized to designate One of the heads of division as chief clerk of the Bureau with- out additional compensation. (R. S. § 320.) § 492. Duties of Commissioner—The Commis- Sioner Of Internal Revenue, under the direction of the Secretary of the Treasury, shall have general Super- intendence Of the assessment and collection of all duties and taxes now or hereafter imposed by any law providing internal revenue; and shall prepare and distribute all the instructions, regulations, directions, forms, blanks, stamps, and other matters pertaining to the assessment and collection of internal revenue; and shall provide hydrometers, and proper and suffi- cient adhesive stamps and stamps or dies for express- ing and denoting the Several stamp duties, Or, in the Case of percentage duties, the amount thereOf; and alter and renew Or replace Such Stamps from time to time, as occasion may require. He may also contract for or procure the printing of requisite forms, de- cisions and regulations, but the printing of such forms, decisions and regulations shall be done at the Public Printing-Office, unless the Public Printer shall be unable to perform the work: Provided, That the Commissioner Of Internal Revenue may, under Such regulations as may be established by the Secretary of the Treasury, after due public notice, receive bids and make COntracts for Supplying stationery, blank- books and blanks to the CollectOrS in the Several Col- lection-districts; and the said Commissioner shall estimate in detail by Collection-districts the expense of assessing and the expense of the Collection of in- ternal revenue. (R. S. § 321.) § 493. Deputy Commissioner; salary—There shall be in the office of the Commissioner of Internal Revenue a Deputy Commissioner of Internal Revenue, who shall be appointed by the President, by and with the advice and consent of the Senate, and Shall be Ch. 9) 3 505 DEPARTMENT OF THE TREASURY [Page 671 entitled to a salary of three thousand five hundred dollars a year. (R. S. § 322.) Appropriation for deputy commissioners, one at $4,000, # one at $3,600, by Act March 3, 1917, c. 163, § 1, 39 Stat. 108 § 494. Same; duties—The Deputy Commissioner Of Internal Revenue shall be Charged with Such duties in the Office Of the COmmissioner Of Internal Revenue as may be prescribed by the Secretary of the Treas- ury, Or by law, and shall act as Commissioner Of In- ternal Revenue in Case of the absence Of that Officer. (R. S. § 323.) § 494a. Same; designation to act as Commis- sioner—The Commissioner of Internal Revenue is au- thorized to assign to deputy commissioners such duties as he may prescribe, and the Secretary of the Treas- ury may designate any one of them to act as Com- missioner of Internal Revenue during the commis- sioner's absence. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 348.) Chapter Nine—The Comptroller of the Currency 495. Bureau of Comptroller of Currency. 496. Comptroller of Currency; salary. 497. Same; bond and oath. 498. Deputy Comptroller. 499. Additional Deputy Comptroller. 500. Clerks. 501. Interest in national banks. 502. Seal of Comptroller. 503. Rooms for Currency Bureau. 504. Banks in District of Columbia. 505. Report of Comptroller. 506. Report of expenses of liquidation of national banks. § 495. Bureau of Comptroller of Currency— There shall be in the Department of the Treasury a Bureau charged with the execution of all laws pass- ed by Congress relating to the issue and regulation Of a national Currency Secured by United States bonds and, under the general supervision of the Federal Re- serve Board, Of all Federal Reserve notes, the Chief officer of which Bureau shall be called the Comp- troller Of the Currency and shall perform his duties under the general directions of the Secretary of the Treasury. (R. S. § 324, amended, Dec. 23, 1913, c. 6, § 10, 38 Stat. 261.) § 496. Comptroller of Currency; salary—The Comptroller of the Currency shall be appointed by the President, On the recommendation of the Secre- tary Of the Treasury, by and with the advice and COnSent Of the Senate, and shall hold his Office for the term of five years unless sooner removed by the President, upon reasons to be COmmunicated by him to the Senate ; and he shall be entitled to a salary of five thousand dollars a year. (R. S. § 325.) See § 352. Additional salary of Comptroller as member of Federal Reserve Board, see § 97.93. § 497. Same; bornd and oath—The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the Oath of Office; and he shall give to the United States a bond in the penalty of one hundred thousand dollars, With not less than two responsible sureties, to be approved by the Secretary of the Treasury, con- ditioned for the faithful discharge Of the duties of his office. (R. S. § 326.) § 498. Deputy Comptroller—There shall be in the Bureau of the Comptroller of the Currency a Deputy Comptroller of the Currency, to be appointed by the Secretary, who shall be entitled to a salary of two thousand five hundred dollars a year, and who shall possess the power and perform the duties at- tached by law to the Office of Comptroller during a vacancy in the Office Or during the absence or inabili- ty of the Comptroller. The Deputy Comptroller shall also take the Oath Of Office prescribed by the Consti- tution and laws of the United States, and shall give a like bond in the penalty of fifty thousand dollars. (R. S. § 327.) See §§ 352, 499. sº § 499. Additional Deputy Comptrolier—Office of the Comptroller of the Currency: For Comptroller Of the Currency, five thousand dollars; Deputy COmp- troller, three thousand five hundred dollars; Deputy Comptroller, three thousand dollars, who shall be appointed by the Secretary of the Treasury, and shall possess the power and perform the duties attached by law to the office of Comptroller during a vacancy in the office of Comptroller and Deputy Comptroller or during the absence or inability of the Comptroller and the Deputy Comptroller, and said Assistant Deputy Comptroller shall give a like bond in the penalty of fifty thousand dollars. (March 4, 1909, c. 297, § 1, 35 Stat. 867.) § 500. Clerks—The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the Comp- troller shall direct. (R. S. § 328.) § 501. Interest in national banks—It shall not be “lawful for the Comptroller or the Deputy Comp- troller of the Currency, either directly or indirectly, to be interested in any association issuing national currency under the laws of the United States. (R. S. § 329.) § 502. Seal of Comptroller—The seal devised by the Comptroller of the Currency for his office, and ap- proved by the Secretary of the Treasury, shall COn- tinue to be the seal of office of the Comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a Certifi- cate of approval by the Secretary of the Treasury, shall be filed in the Office of the Secretary Of State, (R. S. § 330, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.) § 503. Rooms for Currency Bureau—There shall be assigned, from time to time, to the Comptrol- ler of the Currency, by the Secretary of the Treas- ury, suitable rooms in the Treasury building for Con- ducting the business of the Currency Bureau, COn- taining safe and secure fire-proof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things belonging to his Department; and the Comptroller Shall from time to time furnish the necessary furniture, Sta- tionery, fuel, lights, and other proper Conveniences for the transaction of the business of his office. (R. S. § 331.) § 504. Banks in District of Columbia—The Comptroller of the Currency, in addition to the pow- ers conferred upon him by law for the examination of national banks, is further authorized, whenever he may deem it useful, to cause examination to be made into the condition of any bank in the District of Co- lumbia organized under act of Congress. The Comp- troller, at his discretion, may report to Congress the results of such examination. The expense necessarily incurred in any such examination shall be paid Out of any appropriation made by Congress for Specia) bank examinations. (R. S. § 332.) § 505. Report of Comptroller—The Comptroller of the Currency shall make an annual report to Con- gress, at the commencement of its Session, exhibit- II, 9- first. A summary of the state and condition. Of every association from which reports have been re- ceived the preceding year, at the Several dates to which such reports refer, with an abstract Of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes Outstanding, and the total amount of means and resources, Specifying the amount of lawful money held by them at the times of their several returns, and such other information in relation to such associations as, in his judgment, may be useful. Second. A statement of the associations Whose busi- 3 505 (Tit. 7 DEPARTMENT OF THE TREASURY IPage 681 ness has been closed during the year, with the amount { Of their circulation redeemed and the amount Out- Standing. Third. Any amendment to the laws relative to bank- ing by which the system may be improved, and the security of the holders of its notes and other credi- tors may be increased. Fourth. A statement exhibiting under appropriate heads the resources and liabilities and condition of the banks, banking companies, and savingS-banks Or- ganized under the laws Of the Several States and Ter- ritories; such information to be obtained by the Comptroller from the reports made by such banks, banking companies, and savings-banks to the legis- latures or officers of the different States and Terri- tories, and, Where such reports cannot be obtained, the deficiency to be supplied from Such other authen- tic sources as may be available. Fifth. The names and compensation of the clerks employed by him, and the whole amount Of the ex- penses of the banking department during the year. (R. S. § 333, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.) - - § 506. Report of expenses of liquidation of national banks—The Comptroller of the Currency is hereby directed to include in his Annual Report to the Speaker of the House of Representatives, expens- es incurred during each year, in liquidation of each failed national bank separately. (April 28, 1902, c. 594, § 1, 32 Stat. 138.) - Chapter Ten—The Bureau of Statistics (R. S. §§ 334–342. Transferred.) The matter in this chapter in R. S. 1878 has been trans- ferred. See §§ 877-880, 882, 884, 886–888. - - Chapter Eleven—The Bureau of the Sec. Mint 507. Bureau established; Director. 508. Director; salary and expenses. 509. Same; powers; reports. § 507. Bureau established; Director—There shall be established in the Treasury Department a Bureau of the Mint, embracing in its organization and under its control all mints for the manufacture of coin, and all assay-Offices for the stamping of bars, which are now, or which may be hereafter, author- ized by law. The chief Officer of the Said. Bureau shall be denominated the Director of the Mint, and shall be under the general direction of the Secretary of the Treasury. He shall be appointed by the Presi- dent, by and with the advice and consent of the Sen- ate, and shall hold his office for the term of five years, unless Sooner removed by the President, upon rea- Sons to be COmmunicated by him to the Senate. (R. S. § 343.) - - § 508. Director; salary and expenses—There Shall be allowed to the Director Of the Mint an annual salary of four thousand five hundred dollars, pay- able monthly, and actual necessary traveling expens- es in visiting the different mints and assay-offices, for which vouchers shall be rendered. (R. S. § 344.) Salary of Director of the Mint fixed at $5,000 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1088. § 509. Same; powers; reports—The Director of the Mint shall have the , general supervision of all mints and assay-offices, and shall make an annual report to the Secretary of the Treasury of their op- erations, at the close of each fiscal year, and from time to time such additional reports, setting forth the Operations and Condition. Of Such institutions, as the Secretary of the Treasury shall require, and shall lay before him the annual estimates for their support. And the Secretary of the Treasury shall appoint the number of clerks, classified according to law, neces- sary to discharge the duties of said Bureau. (R. S. § 345.) Chapter Eleven A–The Bureau of Sec Engraving and Printing 510. Powers of and reports by Director. 511. Leaves of absence to employés. 512. Same. 513. Impressions of portraits. 513a. Engraved plates of portraits of deceased Senators and Representatives. - - 514. Disposition of receipts for miscellaneous work. § 510. Powers of and reports by Director—All the business of the Bureau of Engraving and Print- ing Shall be under the immediate Control of the di- rector of said Bureau, Subject to the direction of the Secretary of the Treasury, and the director of the Said Bureau shall report to and be responsible di- rectly to the Secretary of the Treasury. (June 4, 1897, c. 2, § 1, 30 Stat. 18.) - Salary of Director of Bureau fixed at $6,000, and Assist- ant, Director at $3,500, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1088. § 511. Leaves of absence to employés—The em- ployees of the Bureau of Engraving and Printing, in- Cluding the pieceworkers, shall be allowed leave of absence With pay, not exceeding thirty days in any One year, under such regulations and at such time Or times as the Chief of the Bureau, with the ap- proval of the Secretary of the Treasury, may pre- Scribe and designate: Provided, That the length of the leave of absence of any employee of said Bureau doing piecework, and the pay during such leave of absence, Shall be determined by the average amount Of Work done by such person and the pay therefor during the several months of the year. (July 6, 1892, c. 154, 27 Stat. 87.) - * . § 512. Same—The COmpositors and pressmen €ºl- ployed in the awards division of the Bureau of En- graving and Printing shall be allowed leave of absence With pay not exceeding thirty days in any one year, Or a pro rata portion thereof for a less time than one year, under Such regulations and such time or times as the Chief of the Bureau, with the approval of the Secretary of the Treasury, may prescribe and desig- Inate, and in conformity with the Act approved July Sixth, eighteen hundred and ninety-two, granting leaves of absence with pay to the employees of the Bureau of Engraving and Printing. (June 8, 1896, c. 373, 29 Stat. 275.) § 513. Impressions of portraits—That the Sec- retary of the Treasury, at the request of a Senator, Representative, or Delegate in Congress, the head of a department Or bureau, art association, or library, be, and he is hereby authorized to furnish impressions from any portrait or vignette which is now, or may hereafter be, a part of the engraved stock of the Bureau of Engraving and Printing, at such rates and under such conditions as he may deem necessary to protect the public interests. (Dec. 22, 1879, c. 2, 21 Stat. 59.) - § 513a. Engraved plates of portraits -- of de-, ceased Senators and Representatives—The Secre- tary of the Treasury is authorized to deliver the en- graved plates of portraits that have been or may hereafter be made of deceased Senators and Repre- sentatives in Congress, to their heirs or legal repre- sentatives on such terms and conditions as he may determine. (July 1, 1916, c. 209, § 1, 39 Stat. 275.) § 514. Disposition of receipts for miscellane- ous work—Hereafter receipts for miscellaneous work authorized by law to be performed by the Bureau of Engraving and Printing for the several Departments Of the Government, and the amounts properly charge- able to national banks for engraving their plates shall be deposited, and covered into the Treasury as mis- cellaneous receipts. (Aug. 4, 1886, c. 902, § 1, 24 Stat. 227.) - Ch. 11B) 3 5.14cc DEPARTMENT OF THE TREASURY º, IPage 69] Chapter Eleven B–The Bureau of War Risk Insurance ARTICLE I Sec. 514a. Bureau established; Director; missioners; salaries. 514b. Insurance of American vessels, freight, masters, Officers and CreWS of vessels. 514bb. ReinSurance of vessels. 5.14c. Form of policy; premiums; salvage. 5.14cc. Insurance of officers and crews of American vessels. 5.14cc.c. Same; insurance by Bureau; premiums. 5.14d. Regulations. 514e. Advisory Board; adjusters. 514ee. Services of claim agents or attorneys. 514f. Payment of claims for losses. Appropriation for payment of losses. Appropriation for expenses. 514i. Suspension of operation of act. ii. [Repealed.] 514 j. Statement of expenditures and receipts. [Repealed.] Application of §§ 2-7. 514kk. Powers and duties of Director; agents; unlawful charges. 514kkk. Deputies, assistants, actuaries; advisory board. 514kkkk. Subpoenas; information and reports of officials. 514l. Annual estimate of appropriations. 514ll. Appropriation for expenses; civil service rules. 514lll. Military and naval family allowance appropriation. 514llll. Military and naval compensation appropriation. 514 m. Military and naval insurance appropriation. 514mm. Military and naval pay deposit fund. 514 mmm. Evidence of marriage of claimants; 514mm mm. Payments to minors. 514 n. Information by Bureau to persons in military or naval Service. 514 nin. False Statements in claims. 514 nnn. Fraudulent acceptance of payments. ARTICLE II. ALLOTMENT'S AND FAMILY ALLOWANCES 514 nnnn. Application of article. 5140. Allotments; compulsory and voluntary. 514oo. Voluntary allotments. - 514ooo. Deposit of unallotted pay to credit of enlisted men. 514oooo. Family allowances; amount; payment. 514p. Same; compulsory allotment prerequisite; when. 514pp. Same; conditions prerequisite to payment to Class B. 514ppp. Same; limitations on amounts payable to Class B. 514pppp. Apportionment of allotments and family allowance between Classes A and B. 514q. Payments of allotments to Treasury Department. 514qq. Investigations as to allowances and allotments. ARTICLE III. COMPENSATTON FOR DEATH OF DISABILITY 514qqq. To whom payable. salary; Divisions; Com- compensation of claim definitions. 514qqqq. Death; amounts; apportionment. 514 r. Disability; amounts. 514 rp. Same; disability; examination of persons receiving. 514rrr. sº re-education and vocational training; enlist- Iſlent. 514 rrrr. Review of awards. 5.14s. Time of death or disability. 5.14ss. Official record of death. 5.14sss. Death inflicted as lawful punishment; dishonorable discharge. 5.14ssss. Time of filing claim. 514t. Payment of compensation prior to filing claim. 514tt. Assignment of compensation. dismissal Or 514ttt. Compensation to persons receiving service or retire- ment pay; pension laws. 514tttt. Assignment of right of action for injury causing death or disability. ARTICLE IV. INSURANCE 514u. Amount. 514 uu. Application for; time for making. 514 uu%. Same; extension of time for. 514uuu. Terms and conditions of contracts; beneficiaries. 514uuu%. Designation of beneficiaries. 514v. Expense of administration and excess of cost; premium rateS. 514 WV. Form of insurance; conversion. ARTICLE I § 514a. Bureau established; Director; sal- ary; Divisions; commissioners; salaries—There is established in the Treasury Department a Bureau to be known as the Bureau of War Iłisk Insurance, the director of which shall receive a salary at the rate of $5,000 per annum. That there be in such bureau a Division of Marine and Seamen’s Insurance and a Division of Military and Naval Insurance in charge of a commissioner of Marine and Seamen's Insurance and a commissioner of Military and Naval Insurance, respectively, each of whom shall receive a salary of $4,000 per annum. (Sept. 2, 1914, c. 293, § 1, 38 Stat. 711, amended, June 12, 1917, c. 26, § 1, 40 Stat. 102, and Oct. 6, 1917, c. 105, § 1, 40 Stat. 398.) - § 514b. Insurance of American vessels, freight, masters, officers and crews of vessels- The said Bureau of War Risk Insurance, subject to the general direction of the Secretary of the Treas- ury, shall, as SOOn as practicable, make provisions for the insurance by the United States Of American Vessels, their freight and passage moneys, cargoes Shipped Or to be shipped therein, and personal effects Of the masters, Officers, and crews thereof against loss , or damage by the risks of war, whenever it shall ap- pear to the Secretary that American vessels, shippers Or importers in American vessels, or the masters, Of- ficers, or crews of such vessels, are unable in any trade to secure adequate war-risk insurance on rea- Sonable terms. The Bureau of War Risk Insurance, Subject to the general direction of the Secretary Of the Treaſury, Shall, as soon as practicable, make provisions for the insurance by the United States, as further provided in section three a, Of masters, officers, and crews of American merchant vessels against loss of life or perSOnal injury by the risks Of War, and for Com- pensation during detention following capture by en- emies of the United States whenever it shall appear to the Secretary that in any trade the need for such insurance exists. (Sept. 2, 1914, c. 293, § 2, 38 Stat. 711, amended, June 12, 1917, c. 26, § 2, 40 Stat. 102.) § 514bb. Reinsurance of vessels—The Bureau Of War Risk Insurance, with the approval of the Sec- retary of the Treasury, is hereby authorized to make provisions for the reinsurance by the United States Of vessels of foreign friendly flags Or their cargoes, or both, When Such vessels or their cargoes are insured by the Government of any country which is at War with an enemy of the United States; and, further, to reinsure with the Governments of any countries Which are at war with an enemy Of the United States American vessels and their cargoes. (Sept. 2, 1914, C. 293, § 2a, amended, June 12, 1917, c. 26, § 3, 40 Stat. 103.) § 5.14c. Form of policy; premiums; salvage— The Bureau of War Risk Insurance, with the ap- proval of the Secretary Of the Treasury, is hereby authorized to adopt and publish forms of war-risk policies and to fix reasonable rates of premium for the policies which it is authorized to issue under this Act, which rates shall be subject to such change to each port and for each class as the Secretary shall find may be required by the circumstances. All pro- ceeds of the aforesaid premium and from salvage Which have been Or are hereafter received Shall be covered into the Treastiry of the United States to the Credit Of the Bureau Of War Risk Insurance, and in addition to all other appropriations made under this Act are hereby permanently appropriated for the pur- pose of paying IOSSes and return premiums a CCruing under this Act. (Sept. 2, 1914, c. 293, § 3, 38 Stat. 711, amended, June 12, 1917, c. 26, § 4, 40 Stat. 103.) § 5.14cc. Insurance of officers, and crews of American vessels—Whenever it shall appear to the Secretary of the Treasury that the effecting of Such insurance is desirable in the national interest in the Case of vessels engaged in any trade, the OWIler Of every American merchant vessel engaged in Such trade shall insure the master, Officers, and Crew of Such vessel against loss of life Or perSOnal injury from war risks as well as for compensation during detention by an enemy of the United States following Capture. Such insurance Shall be effected either with the Bureau of War Risk Insurance or in insurance Com- panies, and on terms satisfactory to the Secretary Of the Treasury. Such insurance Shall provide, and the Bureau Of War Risk Insurance is authorized to Write policies so providing— 3 5.14cc (Tit. 7 DEPARTMENT OF THE TREASURY, [Page 70 I (a) In case of death, permanent disability Which prevents the person injured from performing any and every kind of duty pertaining to his occupation, or the loss of both hands, both arms, both feet, both legs, or both eyes, or any two thereof, for the payment Of an amount equivalent to one year’s earnings, Or to twelve times the monthly earnings of the insured, as fixed in the articles for the voyage (hereinafter re- ferred to as the principal sum), but in no Case shall Such amount be more than $5,000 Or less than $1,500; (b) In case of any of the following losses, for the payment of the percentage of the principal Sum in- dicated in the following tables: One hand, fifty per Centum ; One arm, sixty-five per Centum ; One foot, fifty per centum ; One leg, sixty-five per centum ; One eye, forty-five per centum ; Total destruction of hearing, fifty per centum ; That the Bureau Of War Risk Insurance may in- clude in its policy undertakings to pay specified per- Centages Of the principal sum for Other losses or dis- abilities; and (c) In case of detention by an enemy of the United States, following capture, for the payment during the continuance of Such detention of COmpensation at the same rate as the earnings Of the insured immediately preceding such detention, to be determined in sub- stantially the same manner as provided in subdivision (a) Of this Section. The aggregate payments under this section in re- Spect to any One person shall not exceed the amount of the principal sum. Payments provided for in this section shall be made Only to the master, officer, or member of the grew concerned, except that a payment for loss Of life shall be made to the estate of the insured for distribution to his family free from liability of debt, and payment on account of detention by an enemy fol- lowing capture shall be made to dependents of the person detained if designated by him. No claim under this section shall be valid unless made by the master, officer, or member of the CreW concerned, or his estate, or a perSOn designated under this section, within two years after the date On which the President suspends the Operations of this Act in So far as it authorized insurance by the United States. (Sept. 2, 1914, c. 293, § 3a, amended, June 12, 1917, c. 26, § 5, 40 Stat. 103.) - § 5.14cce. Same; insurance by Bureau; pre- miums—In the event of failure of the Owner Of any vessel to effect insurance Of the master, Officers, and Crew. Of Such vessel prior to Sailing, in a CCOrdance with Section three a Of this Act, the Secretary Of the Treasury is hereby authorized to effect such insur- ance with the Bureau Of War Risk Insurance at the expense of the owner of such vessel, and the latter shall be liable for such expense and, in addition, to a penalty of not exceeding $1,000. The amount of such premium, with interest and of the penalty and of all costs, shall be a lien on the vessel. (Sept. 2, 1914, c. 293, § 3b, amended, June 12, 1917, c. 26, § 6, 40 Stat. 104.) - § 5.14d. Regulations—The Bureau of War Risk Insurance, with the approval of the Secretary of the Treasury, shall have power to make any and all rules and regulations necessary for carrying Out the pur- poses of this Act. (Sept. 2, 1914, c. 293, § 4, 38 Stat. 711.) § 514 e. Advisory Board; adjusters—The Sec- retary of the Treasury is authorized to establish an advisory board, to Consist of three members skilled in the practices Of War-risk insurance, for the purpose of assisting the Bureau of War Risk Insurance in fixing rates of premium and in adjustment Of claims for losses, and generally in carrying out the purposes of this Act; the compensation of the members of said board to be determined by the Secretary of the Treasury, but not to exceed $20 a day each, While actu- their claims. ally employed. He is likewise authorized to appoint tWO persons Skilled in the practices of accident insur- ance for the purpose of assisting the Bureau Of War Risk Insurance in the adjustment of claims for death, personal injury, or detention; the compensation of the perSOnS’ SO appointed to be determined by the Secretary of the Treasury, but not to exceed $20 a day each, While actually employed. In the event Of disagreement as to the Claim for iOSses, or amount thereof, between the said bureau and the parties to Such COntract Of in Surance, an action. On the Claim may be brought against the United States in the dis- trict court of the United States, sitting in admiralty, in the district in which the claimant Or his agent may reside. (Sept. 2, 1914, c. 293, § 5, 38 Stat. 711, amend- ed, June 12, 1917, c. 26, § 7, 40 Stat. 104.) § 514ee. Services of claim agents or attorneys —NO Claim agent Or attorney Shall be entitled to re- Ceive any COmpensation whatever for Services in the collection of claims against the Bureau of War Risk Insurance for death, personal injury, or detention, except when proceedings are taken in accordance With Section five in a district Court Of the United States, in Which case the judge shall, as a part of his determination and Order, settle and determine the amount of compensation not to exceed ten per Centum of amount recovered, to be paid by the Claim- ant On behalf of whom such proceedings are institut- ed to his legal adviser or advisers, and it shall be unlawful for any lawyer or other person acting in that behalf to ask for, contract for, or receive any larger Sum than the amount so fixed. (Sept. 2, 1914, c. 293, § 5a, amended, June 12, 1917, c. 26, § 8, 40 Stat. 104.) § 514f. Payment of claims for losses—The Di- rector of the Bureau of War Risk Insurance, upon the adjustment of any claims for losses in respect Of which no action shall have been begun, shall, on approval of the Secretary of the Treasury, promptly pay such claim for losses to the party in interest; and the Secretary Of the Treasury is directed to make provision for the Speedy adjustment of claims for losses and also for the prompt notification of parties in interest of the decisions of the bureau on (Sept. 2, 1914, c. 293, § 6, 38 Stat. 712.) § 51.4g. Appropriation for payment of losses —For the purpose Of paying losses and return premi- ums accruing under the provisions of this Act there is hereby appropriated out of any money in the Treasury of the United States not otherwise appropriated, the sum of $50,000,000. (Sept. 2, 1914, c. 293, § 7, 38 Stat. 712, amended, March 3, 1917, c. 169, § 2, 39 Stat. 1131, and June 12, 1917, c. 26, § 9, 40 Stat. 105.) § 514.h. Appropriation for expenses—There is hereby appropriated, for the purpose of defraying the expenses of the establishment and maintenance of the Bureau of War Risk Insurance, including the payment of salaries herein authorized and other per- Sonal Services, and for the purchase Of necessary books of reference, periodicals, etc., that may be paid for in advance Out of any money in the Treasury Of the United States not otherwise appropriated, the sum of $250,000. (Sept. 2, 1914, c. 293, § 8, 38 Stat. 712, amended, June 12, 1917, c. 26, § 10, 40 Stat. 105.) § 514i. Suspension of operation of act—The President is authorized whenever in his judgment the necessity of further war insurance by the United States shall have ceased to exist to suspend the Operation of the Act, in so far as it authorizes in- surance by the United States against loss or damage by risks of war, which suspension shall be made, in any event, within four years after the passage of this Act, but shall not affect any insurance Outstand- ing at the time or any claims pending adjustment. For the purpose of the final adjustment of any such Outstanding insurance or claims, the Bureau of War Risk Insurance may, in the discretion of the Presi- dent, be continued in existence a further period not exceeding three years. (Sept. 2, 1914, c. 293, § 9, 38 Ch. 11B) 3 514!! DEPARTMENT OF THE TREASURY [Page 711 Stat. 712, amended, June 12, 1917, c. 26, § 11, 40 Stat. 105.) § 514ii. [Repealed.] This section, relating to suspension of act, was repealed by Act June 12, 1917, c. 26, § 12. § 514.j. Statement of expenditures and re- ceipts—A detailed statement of all expenditures un- der this Act and Of all receipts hereunder shall be Submitted to Congress at the beginning of each reg- ular session. (Sept. 2, 1914, c. 293, § 10, 38 Stat. 712.) § 514.jj. [Repealed.] This Section, relating to the disposition of receipts from º, and Salvage, was repealed by Act June 12, 1917, C. 26, • § 514k. Application of §§ 2–7—Sections two to Seven, inclusive, and Section nine, Shall be COnStrued to refer only to the Division of Marine and Seamen’s Insurance. (Sept. 2, 1914, c. 293, § 12, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 398.) § 51.4kk. Powers and duties of Director; corm- pensation of claim agents; unlawful charges- The director, subject to the general direction of the Secretary of the Treasury, shall administer, execute, and enforce the provisions of this Act, and for that purpose have full power and authority to make rules and regulations not inconsistent with the provisions of this Act, necessary Or appropriate to Carry Out its purposes, and shall decide all questions arising under the Act, except as otherwise provided in section five. Wherever under any provision or provisions of the Act regulations are directed Or authorized to be made, Such regulations, unless the COntext. OtherWise re- quires, shall or may be made by the director, subject to the general direction Of the Secretary Of the Treas- ury. The director Shall adopt reasonable and proper rules to govern the procedure of the divisions and to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in Order to establish the right to benefits Of allowance, allotment, Compensation, Or in- surance provided for in this Act, the forms of appli- cation of those claiming to be entitled to such benefits, the methods of making investigations and medical ex- aminations, and the manner and form of adjudica- tions and awards: Provided, however, That payment to any attorney or agent for Such assistance as may be required in the preparation and execution of the necessary papers shall not exceed $3 in any one case: And provided further, That no claim agent Or attorney shall be recognized in the presentation Or adjudication of claims under articles two, three, and four, except that in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder an action on the claim may be brought against the TJnited States in the district, COUIrt. Of the United States in and for the district in which Such bene- ficiaries or any One of them resides, and that whenever judgment shall be rendered in an action brought pur- Suant to this provision the Court, as part of its judg- ment, shall determine and allow Such reasonable at- torney’s fees, not to exceed five per centum of the amount recovered, to be paid by the claimant in behalf of whom such proceedings were instituted to his attorney, said fee to be paid out of the pay- ments to be made to the beneficiary under the judg- ment rendered at a rate not exceeding One-tenth of each of such payments until paid. Any person who shall, directly or indirectly, solicit, Contract for, charge, or receive, or who shall at- tempt to solicit, contract for, charge, or receive any fee Or Compensation, except as herein provided, shall be guilty Of a misdemeanor, and for each and every Offense shall be punishable by a fine Of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprison- ment. (Sept. 2, 1914, c. 293, § 13, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 399, amended, May 20, 1918, c. 77, § 1, 40 Stat.) § 514kkk. IDeputies, assistants, actuaries; advisory board—The bureau and its divisions shall have such deputies, assistants, actuaries, clerks, and Other employees as may be from time to time pro- vided by Congress. The bureau shall, by arrange- ment with the Secretary of War and the Secretary Of the Navy, respectively, make use of the services of Surgeons in the Army and Navy. The Secretary Of the Treasury is authorized to establish an advisory board Consisting of three members skilled in the practice of insurance against death or disability for the purpose of assisting the Division of Military and Naval Insur- ance in fixing premium rates and in the adjustment Of Claims for loSSes under the contracts Of insur- ance provided for in article four and in adjusting claims for compensation under article three ; com- pensation for the persons SO appointed to be deter- mined by the Secretary of the Treasury, but not to exceed $20 a day each while actually employed. (Sept. 2, 1914, c. 293, § 14, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 399.) § 514kkkk. Subpoenas; information and re- ports of officials—For the purposes of this Act, the director, Commissioners, and deputy commissioners shall have power to issue subpoenas for and compel the attendance Of Witnesses Within a radius Of One hundred miles, to require the production of books, papers, documents, and Other evidence, to administer Oaths and to examine witnesses upon any matter within the jurisdiction. Of the bureau. The direc- tor may obtain such information and such reports from Officials and employees of the departments of the GOvernment Of the United States and Of the States as may be agreed upon by the heads of the respective departments. In Case of disobedience to a Subpoena, the bureau may invoke the aid. Of any district court of the United States in requiring the attendance and testimony of witnesses and the pro- duction . Of dOCUmentary evidence, and Such court, within the jurisdiction of which the inquiry is carried On, may, in Case of COntumacy or refusal to obey a subpoena issued to any officer, agent, or employee of any corporation or other person, issue an order re- quiring such corporation or other person to appear before the bureau, or to give evidence touching the matter in question ; and any failure to Obey Such Or- der of the Court may be punished by Such court as a Contempt thereof. Any person so required to attend as a witness Shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States. (Sept. 2, 1914, c. 293, § 15, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 399.) § 514l. Annual estimate of appropriations— The director shall submit annually to the Secretary of the Treasury estimates of the appropriations neces- sary for the work of the bureau. (Sept. 2, 1914, C. 293, § 16, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514ll. Appropriation for expenses; civil service rules—For the purpose of carrying out the provisions of this Act there is hereby appropriated, Out of any moneys in the Treasury not otherwise appropriated, the sum of $100,000, for the payment Of all expenses incident to the work authorized under this Act, including salaries of the director and COm- missioners and Of Such deputies, assistants, a C- countants, experts, clerks, and other employees in the District Of Columbia. Or elsewhere, as the Secretary of the Treasury may deem necessary, traveling ex- penses, rent and equipment of offices, typeWriters and exchange of same, purchase of law books, and books of reference, printing and binding to be done at the Government. Printing Office, and all other necessary expenses. With the exception of the director, the commissioners, and such special experts as the Sec- retary of the Treasury may from time to time find necessary for the conduct of the work Of the bureau, all employees of the bureau shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance With the Civil-Service # 514lll (Tit. 7 DEPARTMENT OF THE TREASURY IPage 72] law. Such fees, allowances, and salaries shall be the Same as are paid for similar Services in other de- partments of the Government. (Sept. 2, 1914, C. 293, § 17, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514lll. Military and naval family allow- ance appropriation—There is hereby appropriated from any money in the Treasury not otherwise appro- priated, the sum of $141,000,000, to be known as the Imilitary and naval family allowance appropriation, for the payment of the family allowances provided by Article II. Payments out of this appropriation shall be made upon and in accordance with awards by the Commissioner of the Division Of Military and Naval Insurance. (Sept. 2, 1914, c. 293, § 18, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514llll. Military and naval compensation. appropriation—There is hereby appropriated, from any money in the Treasury not otherwise appropri- ated, the sum of $12,150,000, to be known as the mili- tary and naval Compensation appropriation, for the payment Of the COmpensation, funeral expenses, Serv- ices, and supplies provided by Article III. Payments Out of this appropriation shall be made upon and in accordance with awards by the director. (Sept. 2, 1914, c. 293, § 19, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514 m. Military and naval insurance appro- priation—There is hereby appropriated, from any money in the Treasury not otherwise appropriated, the sum of $23,000,000, to be known as the military and naval insurance appropriation. All premiums that may be collected for the insurance provided by the provisions of Article IV shall be deposited and Covered into the Treasury to the credit of this appro- priation. Such sum, including all premium payments, is here- by made available for the payment of the liabilities Of the United States incurred under COntracts Of in- surance made under the provisions of Article TV. Payments from this appropriation shall be made upon and in accordance with awards by the director. (Sept. 2, 1914, c. 293, § 20, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514mm. Military and naval pay deposit fund—There shall be set aside as a separate fund in the Treasury, to be known as the military and naval pay deposit fund, all sums held Out of pay as pro- vided by section two hundred and three of this Act. Such fund, including all additions, is hereby made available for the payment of the Sums SO held and deposited, with interest, as provided in section two hundred and three, and the amount necessary to pay interest is hereby appropriated. (Sept. 2, 1914, C. 293, § 21, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) § 514 mm.m. Evidence of marriage of claim- ants; definitions—For the purpose of this amenda- tory Act the marriage of the claimant to the person On account of whom the claim is made Shall be ShoWn— (1) By a duly verified copy of a public or church record ; Or (2) By the affidavit of the clergyman or magis- trate who officiated ; or (3) By the testimony of two or more eyewitnesses to the ceremony ; Or (4) By a duly verified copy of the church record Of baptism Of the children ; Or - (5) By the testimony of two or more witnesses who know that the parties lived together as husband and Wife, and were recognized as such, and who shall state how long, within their knowledge, such relation continued: Provided, That marriages, except such as are mentioned in section forty-seven hundred and five Of the Revised Statutes, shall be proven in compensa- tion or insurance cases to be legal marriages accord- ing to the law of the place where the parties resided at the time of marriage or at the time when the right to compensation or insurance accrued ; and the Open and notorious illicit cohabitation of a widow who | is a claimant shall operate to terminate her right to compensation or insurance from the commencelment of such cohabitation: Provided further, That for the purpose of the administration Of Article II of this Act marriage shall be conclusively presumed, in the absence of proof, that there is a legal spouse living, if the man and woman have lived together in the Openly acknowledged relation of husband and Wife during the two years immediately preceding the date Of the declaration of War, or the date of enlistment Or of entrance into or employment in active service in the military or naval forces of the United States if subsequent to such declaration. ,? In Articles II, III, and IV of this Act unless the Context otherwise requires— (1) The term “child” includes— (a) A legitimate child. (b) A child legally adopted more than six months before the enactment of this amendatory Act Or be- fore enlistment or entrance into or employment in active service in the military or naval forces of the United States, whichever of these dates is the later. (c) A stepchild, if a member of the man’s house- hold. - (d) An illegitimate child, but, as to the father, Only, if acknowledged by instrument in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child’s support, and if such child, if born after December thirty-first, nineteen hundred and seventeen, shall have been born in the United States, or in its insular possessions. (2) The term “grandchild” means a child as above defined of a child as above defined. . (3) Except as used in section four hundred and One and in section four hundred and two the terms “child” and “grandchild” are limited to unmarried persons either (a) under eighteen years of age, Or (b) of any age, if insane, idiotic, or otherwise permanent- ly helpless. (4) . The term “parent” includes a father, mother, grandfather, grandmother, stepfather, and stepmoth- er, either of the person in the service or of the spouse. (5) The terms “brother” and “sister” include brothers and Sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption. (6) The term “commissioned officer” includes a warrant Officer, but includes Only an officer in active service in the military or naval forces of the United States. (7) The terms “man” and “enlisted man” mean a person, whether male or female, and whether enlisted, enrolled, or drafted into active service in the military or naval forces of the United States, and include non- commissioned and petty officers, and members of training camps authorized by law. (8) The term “enlistment” includes voluntary en- listment, draft, and enrollment in active service in the military or naval forces of the United States. (9) The term “commissioner” means the Commis- Sioner of Military and Naval Insurance. (10) The term “injury” includes disease. (11) The term “pay” means the pay for service in the United States according to grade and length Of service, excluding all allowances. (12) The term “military or naval forces” means the Army, the Navy, the Marine Corps, the Coast Guard, the Naval Reserves, the National Naval Vol- unteers, and any other branch of the United States Service while serving pursuant to law with the Army or the Navy. (Sept. 2, 1914, c. 293, § 22, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400.) - § 514 mm mm. Payments to minors—When, by the terms of this amendatory Act, any payment is to be made to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, such payment shall be made to the person who is constituted guardian Or curator by the laws of the State or residence of claim- ant, or is otherwise legally vested with responsibility Ch. 11B) § 514oooo DEPARTMENT OF THE TREASURY [Page 73] or care of the claimant. (Sept. 2, 1914, c. 293, § 23, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) § 51.411. Information, by Bureau to persons in military or naval service—The Bureau of War Irisk Insurance, so far as practicable, shall upon request furnish information to and act for persons in the military or naval service, with respect to any con- tracts of insurance whether with the Government or Otherwise, as may be prescribed by regulations. Said bureau may upon request procure from and keep a record of the amount and kind of insurance held by every Commissioned and appointive officer and of every enlisted man in the military or naval service of the United States, including the name and princi- pal place of business of the company, Society, or, or- ganization in which such insurance is held, the date Of the policy, amount of premium, name and relation- ship of the beneficiary, and such other data as may be deemed of service in protecting the interests of the insured and beneficiaries. (Sept. 2, 1914, c. 293, § 24, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) § 514mm. False statements in claims—Whoever in any claim for family allowance, compensation, or insurance, or in any document required by this Act Or by regulation made under this Act, makes any statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. (Sept. 2, 1914, c. 293, § 25, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) § 514 minn. Fraudulent acceptance of pay- ments—If any person entitled to payment of family allowance or compensation under this /Act, whose right to such payment under this Act ceases upon the happening of any contingency, thereafter fraud- ulently accepts any such payment, he shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both. (Sept. 2, 1914, c. 293, § 26, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) ARTICLE II. ALLOTMENTS LOWANCES § 514 inninn. Applieation of article—The provi- Sions of this article shall apply to all enlisted men in the military or naval forces of the United States. (Sept. 2, 1914, c. 293, § 200, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) § 5140. Allotments; compulsory and volun- tary–Allotment of pay shall, subject to the condi- tions, limitations, and exceptions hereinafter specified, be compulsory as to wife, a former wife divorced who has not remarried and to whom alimony has been de- creed, and a child, and voluntary as to any other per- Son ; but On the written consent of the Wife or former wife divorced, supported by evidence satisfactory to the bureau of her ability to Support herself and the AND FAMILY AL- children in her custody, the allotment for her and for. such children may be waived ; and on the enlisted man’s application or otherwise for good cause shown, exemption from the allotment may be granted upon Such conditions as may be prescribed by regulations. The monthly COmpulsory allotment shall be in an amount equal to the family allowance hereinafter specified except that it shall not be more than one- half the pay, or less than $15; but for a wife living separate and apart under Court Order or Written agree- Iment Or for a former wife divorced, it shall not ex- ceed the amount specified in the court order, decree, Or written agreement to be paid to her. For an il- legitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the Order or decree. If there be an allotment for a wife or child, a for- mer wife divorced and who has not remarried Shall be entitled to a compulsory allotment only out of the difference, if any, between the allotment for the Wife Or child or both and one-half of the pay. j personal property in case of intestacy. (Sept. 2, 1914, c. 293, § 201, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402.) § 51400. Voluntary allotments—The enlisted man may allot any proportion or proportions or any fixed amount or amounts of his monthly pay or of the proportion thereof remaining after the compul- SOry allotment, for such purposes and for the benefit Of Such person or persons as he may direct, subject, however, to such conditions and limitations as may be prescribed under regulations to be made by the Secretary of War and the Secretary of the Navy, re- spectively. (Sept. 2, 1914, c. 293, § 202, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 403.) § 514,000. Deposit of minallotted pay to credit of enlisted men—In Case one-half of an enlisted man's monthly pay is not allotted, regulations to be made by the Secretary of War and the Secretary of the Navy, respectively, may require, under such cir- cumstances and conditions as may be prescribed in such regulations, that any proportion of such one- half pay as is not allotted shall be deposited to his credit, to be held during such period of his service as may be prescribed. Such deposits shall bear inter- est at the rate of four per centum per annum, With semiannual rests and, when payable, shall be paid principal and interest to the enlisted man, if living, Otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to the person or persons who would under the laws of the State of his residence be entitled to his (Sept. 2, 1914, c. 293, § 203, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 403.) § 5140000. Family allowances; amount; pay- ment—A family allowance of not exceeding $50 per month shall be granted and paid by the United States Upon written application to the bureau by such en- listed man or by or on behalf of any prospective ben- eficiary, in accordance with and subject to the Con- ditions, limitations, and exceptions hereinafter speci- fied. The family allowance shall be paid from the time Of enlistment to death in or One month after discharge from the service, but not for more than one month after the termination of the present War emergency. No family allowance shall be made for any period preceding November first, nineteen hundred and sev- enteen. The payment shall be subject to Such regu- lations as may be prescribed relative to cases of desertion and imprisonment and of missing men. Subject to the conditions, limitations, and excep- tions hereinabove and hereinafter specified, the fami- ly allowance payable per month shall be as follows: Class A. In the case of a man, to his wife (in- cluding a former wife divorced) and to his child or Children: (a) If there be a wife but no child, $15. (b) If there be a wife and one child, $25. (c) If there be a wife and two children, $32.50, with $5 per month additional for each additional Child. (d) If there be no wife, but One child, $5. (e) If there be no wife, but two children, $12.50. (f) If there be no wife, but three children, $20. (g) If there be no wife, but four children, $30, with $5 per month additional for each additional Child. Class B. In the case of a man or woman, to a grandchild, a parent, brother or sister: (a) If there be one parent, $10. (b) If there be two parents, $20. (c) For each grandchild, brother, sister, and ad- ditional parent, $5. In the case of a woman, to a Child Or Children: (d) If there be One child, $5. (e) If there be two children, $12.50. (f) If there be three children, $20. - (g) If there be four children, $30, with $5 per month additional for each additional child. . (Sept. 3 514p (Tit. 7 DEPARTMENT OF THE TREASURY [Page 74] 2, 1914, c. 293, § 204, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 403.) - § 514p. Saime; compulsory allotment prereq'. uisite, when—Family allowances for members of Class A shall be paid only if and while a compulsory allotment is made to a member or members Of Such class. The monthly family allowance to a former wife divorced shall be payable only out of the differ- ence, if any, between the monthly family allowance to the other members of Class A and the sum of $50, and only then if alimony shall have been decreed to her. For a wife living separate and apart under court Order or written agreement or to a former Wife divorced the monthly allowance, together with the allotment, if any, shall not exceed the amount Speci- fied in the Court Order, decree, Or Written agreement to be paid to her. For an illegitimate child, to whose support the father has been judicially ordered or decreed to COntribute, it shall not exceed the amount fixed in the Order or decree. (Sept. 2, 1914, c. 293, § 205, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) § 514 pp. Same; conditions prerequisite to payment to Class B–Family allowances to members of Class B shall be granted only if and while the mem- ber is dependent in whole or in part on the enlisted man, and then Only if and while the enlisted man makes a monthly allotment of his pay for Such mem- ber or members equal to the amount of the monthly family allowance as hereinabove specified, except that— (a) The maximum monthly allotment so required to be made to members of Class B shall be one-half of his pay. - (b) If he is making no allotment to a member of Class A, the minimum monthly allotment so desig- nated to be made to members of Class B shall be $15 per month. (c) If he is making the compulsory allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be one-seventh of his pay, but not less than $5 per month. On the enlisted man's application, or otherwise for good cause shown, exemption from this additional al- lotment under Class B, as a condition to the allow- ance may be granted, upon such conditions as may be prescribed by regulations. (Sept. 2, 1914, c. 293, § 206, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) § 514 ppp. Same; limitations on amounts pay- able to Class B–The amount of the family allow- ance to members of Class B shall be subject to each of the following limitations: . - (a) If an allowance is paid to one or more bene- ficiaries of Class A, the total allowance to be paid to the beneficiaries of Class B shall not exceed the difference between the allowance paid to the bene- ficiaries of Class A and the sum of $50. (b) The total monthly allowance to beneficiaries of Class B added to the enlisted man's monthly allot- ment to them shall not exceed the average sum habit- ually contributed by him to their support monthly during the period of dependency but not exceeding a year immediately preceding his enlistment or the en- actment of this amendatory Act. (Sept. 2, 1914, C. 293, § 207, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) § 514pppp. Apportionment of allotments and family allowanee between Classes A and B-AS between the members of Class A and as between the members of Class B, the amount of the allotment and family allowance shall be apportioned as may be pre- scribed by regulations. (Sept. 2, 1914, c. 293, § 208, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) § 514q. Payments of allotments to Treasury Department—The War and Navy Departments, re- spectively, shall pay over to the Treasury Department monthly the entire amount of such allotments for distribution to the beneficiaries, and the allotments and family allowances shall be paid by the bureau to or for the beneficiaries. (Sept. 2, 1914, c. 293, § 209, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) § 514qq. Investigations as to allowanees and allotments—Upon receipt of any application for fam- ily allowance the commissioner shall make all proper investigations and shall make an award, On the basis Of which award the amount Of the allotments to be made by the man shall be certified to the War De- partment or Navy Department, as may be proper. Whenever the Commissioner 'Shall have reason to be- lieve that an allowance has been improperly made Or that the conditions have changed, he shall investi- gate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance Shall be determined according to the conditions then existing. (Sept. 2, 1914, c. 293, § 210, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404.) ARTICLE III. COMPENSATION FOR, DEATH OR DISABILITY - - § 514qqq. To whom payable—For death or disa- bility resulting from personal injury suffered or dis- ease contracted in the line of duty, by any commis- Sioned officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided ; but no compensation shall be paid if the injury or disease has been caused by his own willful misconduct. (Sept. 2, 1914, c. 293, § 300, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 405.) § 514qqqq. Death; amounts; apportionment— If death results from injury— If the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for Support, the monthly Compensation shall be the fol- lowing amounts: (a) For a widow alone, $25. (b) For a widow and one child, $35. (c) For a widow and two children, $47.50, with $5 for each additional child up to two. (d) If there be no widow, then for one child, $20. (e) For two children, $30. - (f) For three children, $40, with $5 for each addi- tional child up to two. (g) For a widowed mother, $20. The amount paya- ble under this subdivision shall not be greater than a Sum Which, when added to the total amount pay- able to the widow and children, does not exceed $75. This compensation shall be payable for the death of but One child, and no compensation for the death of a Child shall be payable if such widowed mother is in receipt of compensation under the provisions of this article for the death Of her husband. Such Com- pensation shall be payable whether her widowhood arises before Or after the death of the person and , whenever her condition is such that if the person were living the Widowed mother would have been depend- ent upon him for support. - If the death occur before discharge or resignation from service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulationS. The payment of compensation to a widow or Wid- owed mother shall continue until her death or remar- r1age. - - The payment of compensation to or for a child shall continue until Such child reaches the age of eighteen years or marries, or if such child be incapable, be- cause of insanity, idiocy, or being otherwise perma- nently helpless, then during such incapacity. Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the COn- tingency upon which it is limited, the compensation thereafter for the remaining beneficiary or benefi- Ciaries, if any, shall be the amount which would have Ch. 11B) - 3 514ss DEPARTMENT OF THE TREASURY IPage 75] 3. been payable to them if they had been the Sole Origi- nal beneficiaries. As between the widow and the children not in her custody, and as between children, the amount Of the compensation shall be apportioned as may be pre- scribed by regulations. The word “widow” as used in this section, shall not include One Who shall have married the deceased later than ten years after the time of injury. (Sept. 2, 1914, c. 293, § 301, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 405.) § 514 r. Disability; amounts—If disability re- Sults from the injury— (1) If and while the disability is total, the monthly compensation shall be the following amounts : (a) If he has neither wife nor child living, $30. (b) If he has a wife but no child living, $45. (c) If he has a wife and one child living, $55. (d) If he has a wife and two children living, $65. (e) If he has a wife and three or more children liv- ing, $75. (f) If he has no wife but one child living, $40, with $10 for each additional child up to two. (g) If he has a widowed mother dependent On him for Support, then, in addition to the above amounts, $10. To an injured person who is totally disabled and in addition so helpless as to be in constant need of a nurse Or attendant, such additional Sum shall be paid, but not exceeding $20 per month, as the director may deem reasonable: Provided, however, That for the }CSS of both feet or both hands or both eyes, or for becomíng totally blind or helpless and permanently bedridden from causes occurring in the line of duty in the Service of the United States, the rate of Com- pensation shall be $100 per month : Provided further, That no allowance shall be made for nurse or attend- ant. (2) If and while the disability is partial, the month- ly Compensation shall be a percentage of the Com- pensation that would be payable for his total dis- ability, equal to the degree of the reduction in earn- ing capacity resulting from the disability, but no Compensation shall be payable for a reduction in earning capacity rated at less than ten per centum. A Schedule of ratings of reductions in earning ca- pacity from specific injuries or combinations of in- juries of a permanent nature shall be adopted and applied by the bureau. Ratings may be as high as One hundred per centum. The ratings shall be based, as far as practicable, upon the average impairments Of earning capacity resulting from such injuries in Civil Occupations and not upon the impairment in earning capacity in each individual case, so that there Shall be no reduction in the rate of compensation for individual success in overcoming the handicap of a permanent injury. The bureau shall from time to time readjust this schedule of ratings in accordance With actual experience. (3) In addition to the compensation above provided, the injured person shall be furnished by the United States Such reasonable governmental medical, surgi- cal, and hospital services and with such supplies, in- Cluding artificial limbs, trusses, and similar appli- ances, as the director may determine to be useful and reasonably necessary : Provided, That nothing in this Act shall be construed to affect the necessary military control over any member of the military or naval establishments before he shall have been dis- Charged from the military or naval service. (4) The amount of each monthly payment shall be determined according to the family COnditions then existing. (Sept. 2, 1914, c. 293, § 302, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 406.) - § 514 r1'. Same; disability; examination of persons receiving—Every person applying for Or in receipt of compensation for disability under the pro- visions of this article shall, as frequently and at such times and places as may be reasonably required, Sub- mit himself to examination by a medical officer of the United States or by a duly qualified physician des- ignated or approved by the director. He may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations he shall, in the discretion of the direc- tor, be paid his reasonable traveling and other ex- penses and, also loss of wages incurred in order to submit to such examination. If he refuses to submit himself for, or in any way obstructs, any examinatioll, his right to claim compensation under this article shall be suspended until such refusal or obstruction Ceases. No compensation shall be payable while such refusal or obstruction continues, and no compensation Shall be payable for the intervening period. Every person in receipt Of compensation for disa- bility shall Submit to any reasonable medical or sur- gical treatment furnished by the bureau whenever re- Quested by the bureau ; and the Consequences of un- reasonable refusal to submit to any such treatment shall not be deemed to result from the injury Com- pensated for. (Sept. 2, 1914, c. 293, § 303, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 406.) § 514rrr. Same; reeducation and vocational training; enlistmen?—In cases of dismemberment, Of injuries to sight or hearing, and of other injuries Commonly causing permanent disability, the injured perSOn Shall follow Such course or courses Of rehabili- tation, reeducation, and vocational training as the United States may provide or procure to be provided. Should such course prevent the injured person from following a substantially gainful occupation while taking same, a form of enlistment may be required which shall bring the injured person into the military Or naval service. Such enlistment shall entitle the person to full pay as during the last month Of his active service, and his family to family allowances and allotment as hereinbefore provided, in lieu of all Other Compensation for the time being. In case of his willful failure properly to follow such Course Or SO to enlist, payment of compensation shall be suspended until such willful failure ceases and no compensation shall be payable for the intervening pe- riod. (Sept. 2, 1914, c. 293, § 304, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) § 514rrrr. Review of awards—Upon its OWn motion or upon application the bureau may at any time review an award, and, in accordance With the facts found upon such review, may end, diminish, Or increase the compensation previously awarded, or, if compensation has been refused or discontinued, may award compensation. (Sept. 2, 1914, c. 293, § 305, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) § 514s. Time of death or disability.—No com- pensation shall be payable for death or disability which does not occur prior to or within One year after discharge or resignation from the Service, ex- cept that where, after a medical examination made pursuant to regulations, at the time of discharge Or resignation from the service, or within such reason- able time thereafter, not exceeding One year, as may be allowed by regulations, a certificate has been Ob- tained from the director to the effect that the injured person at the time of his discharge or resignation was suffering from injury likely to result in death or dis- ability, compensation shall be payable for death, or disability, whenever occurring, proximately resulting from such injury. (Sept. 2, 1914, c. 293, § 306, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) § 514ss. Official record of death—Compensation shall not be payable for death in the Course of the service until the death be officially recorded in the department under which he may be Serving. No CORA- pensation shall be payable for a period during which the man has been reported “missing” and a family allowance has been paid for him under the provi- sions of Article II. (Sept. 2, 1914, c. 293, § 307, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) 3 5.14sss (Tit. 7 DEPARTMENT OF THE TREASURY [Page 761 § 514sss. Death inflicted as lawful punish- ment; dismissal or dishonorable discharge—No compensation shall be payable for death inflicted as a lawful punishment for a crime or military Offense ex- cept when inflicted by the enemy. A dismissal or dishonorable or bad Conduct discharge from the Ser V- ice shall bar and terminate all right to any compen- sation under the provisions of this article. (Sept. 2, 1914, c. 293, § 308, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) § 514ssss. Time of filing claim—No Compensa- tion shall be payable unless a claim therefor be filed, in case of disability, within five years after discharge or resignation from the service, or, in case of death during the Service, within five years after such death is officially recorded in the department under Which he may be serving: Provided, however, That where compensation is payable for death or disability OC- curring after discharge or resignation from the Serv- ice, claim must be made within five years after Such death or the beginning Of Such disability. The time herein provided may be extended by the director not to exceed One year for good cause shown. If at the time that any right accrues to any person under the provisions of this article, such person is a minor, or is of unsound mind or physically unable to make a claim, the time herein provided shall not begin to run until such disability ceases. (Sept. 2, 1914, c. 293, § 309, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 407.) - - & § 514+. Payment of compensation prior to fil- ing claim—No compensation shall be payable for any period more than two years prior to the date of claim therefor, nor shall increased compensation be award- ed to revert back more than One year prior to the date of claim therefor. (Sept. 2, 1914, c. 293, § 310, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408.) § 514tt. Assignment of compensation—Com- pensation under this article shall not be assignable, and shall be exempt from attachment and execution and from all taxation. (Sept. 2, 1914, c. 293, § 311, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 40S.) § 514ttt. Compensation to persons receiving service or retirement pay; pension laws—Compen- sation under this article shall not be paid while the person is in receipt of service or retirement pay. The 1aws providing for gratuities or payments in the event of death in the service and existing pension laws shall not be applicable after the enactment of this amendment to persons now in or hereafter entering the military or naval service, or to their widows, chil- dren, or their dependents, except in so far as rights under any such law shall have heretofore accrued. Compensation because of disability or death of members of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) shall be in lieu of any compensation for such disability or death under the Act entitled “An Act to provide compensation for em- ployees of the United States suffering injuries while in the performance of their duties, and for other pur- poses,” approved September seventh, nineteen hundred and sixteen. (Sept. 2, 1914, c. 293, § 312, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408.) § 514tttt. Assignment of right of action for injury causing death or disability—If an injury Or death for which compensation is payable under this amendatory Act is caused under circumstances creat- ing a legal liability upon some person other than the Tſnited States or the enemy to pay damages therefor, the director, as a condition to payment Of compensa- tion by the United States, shall require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other per- son or any right which he may have to share in any money or other property received in Satisfaction of such liability of such other person. The cause of a C- tion so assigned to the United States may be prose- cuted or compromised by the director and any money realized thereon shall be placed to the Credit Of the compensation fund. (Sept. 2, 1914, c. 293, § 313, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408.) . ARTICLE IV. INSURANCE § 514 u. Amount—In Order to give to eVery COm- missioned officer and enlisted man and to every mem- ber of the Army Nurse Corps (female) and of the Navy Nurse Corps (female) when employed in active service under the War Department or Navy Depart- ment greater protection for themselves, and their de- pendents than is provided in Article III, the United States, upon application to the bureau and with Out medical examination, shall grant insurance against the death or total permanent disability of any such perSon in any multiple of $500, and not less than $1,000 or more than $10,000, upon the payment of the premiums as hereinafter provided. (Sept. 2, 1914, c. 293, § 400, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 409.) § 514 uti. Application for; time for making.— Such insurance must be applied for within one hun- dred and twenty days after enlistment or after en- trance into or employment in the active service and before discharge or resignation, except that those per- Sons who are in the active war service at the time of the publication of the terms and conditions of such COntract Of insurance may apply at any time within One hundred and twenty days thereafter and while in Such Service. Any person in the active service on or after the sixth day of April, nineteen hundred and Seventeen, who, while in such service and before the eXpiration of one hundred and twenty days from and ... after Such publication, becomes or has become total- ly and permanently disabled or dies, or has died, with- out having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installments of $25 each. If he shall die either before he shall have received any of such monthly install- ments Or before he shall have received two hundred and forty of such monthly installments, then $25 per month Shall be paid to his wife from the time Of his death and during her widowhood, or to his child, or Widowed mother if and while they survive him : Pro- Vided, however, That not more than two hundred and forty Of Such monthly installments, including those received by such person during his total and perma- nent disability, shall be so paid ; and in that event the amount of the monthly installments shall be ap- portioned between them as may be provided by reg- ulations. (Sept. 2, 1914, c. 293, § 401, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 409.) - § 514au%, same; extension of time for—The time within which applieation for insurance may be made as set forth in section four hundred and one of the Act entitled “An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” approved September second, nineteen hundred and fourteen, as amended by the Act ap- proved October sixth, nineteen hundred and seventeen, is hereby extended, with respect to every person in the active War service as to whom the time for mak- ing application would expire before the twelfth day of April, nineteen hundred and eighteen, so that every Such person may make application for insurance up to and including the said twelfth day of April, nine- teen hundred and eighteen: Provided, That nothing herein shall be COnstrued to effect an extension Of the automatic insurance provided for in the said sec- tion four hundred and One beyond the twelfth day Of February, nineteen hundred and eighteen. (Feb. 12, 1918, c. 17, 40 Stat.) . § 514 uvuu. Terms and conditions of contracts; beneficiaries—The director, subject to the general di- rection of the Secretary of the Treasury, shall prompt- ly determine upon and publish the full and exact terms and conditions of Such contract Of insurance. The insurance shall not be assignable, and shall not be subject to the claims of creditors of the insured or Tit. 8) 3 516 DEPARTMENT OF JUSTICE [Page 771 of the beneficiary. It shall be payable only to a spouse, Child, grandchild, parent, brother or sister, and also during total and permanent disability to the injured person, or to any or all of them. The insur- ance shall be payable in two hundred and forty equal monthly installments. Provisions for maturity at Certain ages, for Continuous installments during the life of the insured or beneficiaries, or both, for Cash, loan, paid-up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative bene- fits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be pro- vided for in the Contract of insurance, Or from time to time by regulations. All Calculations shall be based upon the American Experience Table of Mor- tality and interest at three and One-half per Centum per annum, except that no deduction shall be made for continuous installments during the life of the insured in Case his total and permanent disability continues more than two hundred and forty months. Subject to regulations, the insured shall at all times have the right to change the beneficiary or benefi- Ciaries Of Such insurance without the Consent Of Such beneficiary or beneficiaries, but only within the class- es herein provided. If no beneficiary within the per- mitted class be designated by the insured, either in his lifetime or by his last will and testament, or if the designated beneficiary does not survive the in- sured, the insurance Shall be payable to Such perSOn or persons, within the permitted class of beneficiaries as would under the laws of the State of the resi- dence of the insured, be entitled to his personal property in case of intestacy. If no such person sur- vive the insured, then there shall be paid to the es- tate of the insured an amount equal to the reserve value, if any, of the insurance at the time of his death, calculated on the basis of the American Ex- perience Table of Mortality and three and One-half per centum interest in full of all obligations under the contract Of insurance. 402, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 409.) § 514atau}%. Designation of beneficiaries—In- Surance under the Act entitled “An Act to authorize the establishment of a Bureau Of War Risk Insur- ance in the Treasury Department,” approved Septem- (Sept. 2, 1914, c. 293, § l ber second, nineteen hundred and fourteen, as amend- ed by the Act approved October sixth, nineteen hun- dred and seventeen, shall be granted by the Bureau Of War Risk Insurance on application made by the person to be insured Or, subject to such regulations as the bureau may prescribe, by any person within the permitted Class as Specified in section four hundred and two of said Act: Provided, That the person to be insured has been taken a prisoner of war before April twelfth, nineteen hundred and eighteen: And provided further, That no one but the insured may designate a beneficiary, and nothing in this resolution shall be deemed to change or affect the permitted class Of beneficiaries or impose any obligation on the insur- ed against his will. (April 2, 1918, c. 41, 40 Stat.) § 514v. Expense of administration and excess of cost; premium rates—The United States shall bear the expenses Of administration and the exceSS Imortality and disability cost resulting from the haz- ards Of War. The premium rates shall be the net rates based upon the American Experience Table of Mortality and interest at three and One-half per centum per annum. (Sept. 2, 1914, c. 293, § 403, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 410.) - § 514v.v. Form of insurance; conversion— During the period of war and thereafter until con- Verted the insurance shall be term insurance for Suc- Cessive terms of one year each. Not later than five years after the date of the termination. Of the War as declared by proclamation of the President Of the United States, the term insurance shall be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the insured may request. Regulations shall pro- vide for the right to convert into ordinary life, twen- ty payment life, endowment maturing at age sixty- tWO and into other usual forms of insurance and shall prescribe the time and method of payment of the premiums thereon, but payments Of premiums in ad- Vance shall not be required for periods Of more than One month each and may be deducted from the pay or deposit of the insured or be otherwise made at his election. (Sept. 2, 1914, c. 293, § 404, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 410.) sºlº,"; of this act was stricken by Act May 20, 1918, c. 77, e TITLE VIII—THE DEPARTMENT OF JUSTICE Establishment of Department. Solicitor-General. Assistant Attorneys-General. Additional Assistant Attorney-General. Assistant Attorney-General in charge of customs matters. . Assistant to Attorney-General; salary. Solicitor of the Treasury and Solicitors in Department. Officers under control of Attorney-General. Solicitor for Department of State. - Solicitor for Department of Interior. . Solicitor for Department of Commerce. Solicitor for Department of Labor. . - Attorneys; one in charge of condemnatiºn proceedings in District of Columbia. W: Subordinate officers. Rooms. Seal. Duties of Attorney-General. Opinions of Attorney-General. Legal advice to War and Navy Departments. Reference of questions to subordinates. Conduct and argument of cases. Conduct Of legal proceedings. Performance of duty by officers of Department. Legal services for other Departments. - Superintending district attorneys and marshals. Counsel to aid district attorneys. Attendance of counsel. Counsel fees restricted. Appointment and oath of special attorneys or counsel. Interest of United States in pending suits. . . Accounts of district attorneys. Requisitions. - Traveling expenses of officers. Disbursement of moneyS. Sec. 547. Disbursement of salaries of judges. 548. Records of office of agent of Treasury. º 549. Bonds for suit; liability of district attorney on receiv- IIlg. - 550. Same; examination of reports of district attorneys and collectOrS. 551. Same; false reports of. 552. Discovery of frauds. 553. Solicitor of Treasury; rules respecting suits. 554. Same; report of moneys recovered. #55. Same; instructions to district attorneys. 556. Same; suits involving national banks. 557. Duties of United States attorneys. B58. Proceedings in equity in cases of Post-Office Department. É59. Publication of opinions. - 560. Report of business and statistics. 561. Report of expenditure of contingent fund. 562. Report of payments from appropriations. - 563. Report of additional, attorneys and counsel employed. 564. Report of assistants to district attorneys. 565. Distribution of statutes and reports to judges. Register of statutes and reports distributed. § 515. Establishment of Department—There shall be at the seat of Government an Executive De- partment to be known as the Department Of Justice, and an Attorney-General, who shall be the head thereof. (R. S. § 346.) - § 516. Solicitor-General—There shall be in the Department of Justice an officer learned in the law, Ho assist the Attorney-General in the performance or nis duties, called the Sołcitor-General, Who Shall 3 516 (Tit. 8 DEPARTMENT OF JUSTICE [Page 78] be appointed by the President, by and with the ad- vice and COnsent of the Senate, and shall be entitled to a Salary of seven thousand five hundred dollars a year. In case of a vacancy in the office of Attorney- General, or of his absence or disability, the Solicitor- General shall have power to exercise all the duties of that office. (R. S. § 347.) - The salary of the Solicitor-General is fixed at $10,000 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1110. § 517. Assistant Attorneys-General—The re shall be in the Department of Justice three officers, learned in the law, called the Assistant Attorneys- General, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall assist the Attorney-General and Solicitor-Gen- eral in the performance of their duties. Each of them is entitled to a salary of five thousand dollars a year. (R. S. § 348.) t See §§ 517-520. The number and compensation of the As- sistant Attorneys-General is provided for by Act March 3, 1917, c. 163, § 1, 39 Stat. 1110. § 518. Additional Assistant Attorney-Gener-. al—For an additional assistant Attorney-General to ...be appointed by the President, by and with the ad- vice and Consent of the Senate, who shall receive a compensation at the rate of five thousand dollars per annum. (July 11, 1890, c. 667, § 1, 26 Stat. 265.) § 519. Assistant Attorney-General in charge of customs matters—There shall be appointed by the President, by and with the advice and consent of the Senate, an Assistant Attorney-General, who shall ex- ercise the functions of his office under the Supervision and control of the Attorney-General of the United States, and who shall be paid a salary of ten thousand dollars per annum; and there shall also be appointed by the Attorney-General of the United States a Deputy Assistant Attorney-General, who shall be paid a Salary of seven thousand five hundred dollars per annurn, and four attorneys, who shall be paid salaries of five thousand dollars per annum each. Said attorneys shall act under the immediate direction of Said AS- sistant Attorney-General, Or, in Case Of his absence or a vacancy in his office, under the direction of said Deputy Assistant Attorney-General, and said Assist- ant Attorney-General, Deputy Assistant Attorney- General, and attorneys shall have charge Of the in- terests of the Government in all matters of reappraise- ment and classification of imported goods and Of all litigation incident thereto, and shall represent the Government in all the courts and before all tribunals Wherein the interests Of the Government require Such representation. - But the Attorney-General may, whenever in his opinion the public interest requires it, employ and retain, in the name Of the United States, such spe- Cial attorneys and Counselors at law in the COnduct of customs cases as he may think necessary to assist said Assistant Attorney-General in the discharge of any of the duties incumbent upon him and his said subordinates, and shall stipulate with such attorneys and counsel the amount of compensation and shall have supervision of their conduct and proceedings. (June 10, 1890, c. 407, § 30, 26 Stat. 142, amended, Aug. 5, 1909, c. 6, § 28, 36 Stat. 108.) The appropriation for the fiscal year 1918 was for an As- sistant Attorney-General, $8,000, assistant attorney, $3,000, and special attorneys, etc., $36,000. Act June 12, 1917, c. 27, § 1, 40 Stat. 155. § 520. Assistant to Attorney-General; salary —For salary of the Assistant to the Attorney Gener- al, which is hereby fixed at the rate of $9,000 per an- num; in addition to the $7,000 heretofore appropriat- ed, for the balance of the fiscal year nineteen hundred and fourteen, $1,500, or so much thereof as may be necessary. (Oct. 22, 1913, c. 32, 38 Stat. 218.) See § 519 and note. § 521. Solicitor of the Treasury and Solicitors in Department—There shall be in the E)epartment of Justice a Solicitor of the Treasury, an Assistant Solicitor of the Treasury, a Solicitor of Internal Reve- nue, and an Examiner of Claims for the Department of State, who shall be appointed by the President, by and With the advice and consent of the Senate, and Shall be entitled to the following salaries: The Solici- tor of the Treasury to four thousand dollars a year, the Assistant Solicitor of the Treasury to three thou- Sand dollars a year, the Solicitor of Internal Reye- nue to five thousand dollars a year, and the Examin- er Of Claims for the Department of State four thou- Sand dollars a year. (R. S. § 349, amended, June 19, 1878, c. 329, § 1, 20 Stat. 205.) Act March 3, 1917, c. 163, § 1, 39 Stat. 1110, makes appro- priations for officers enumerated in this section. - § 522. Officers under control of Attorney- General—The officers named in the preceding section Shall exercise their functions under the supervision and Control of the head of the Department of Justice. (R. S. § 350.) § 523. Solicitor for Department of State—Ex- aminer of Claims, to be designated hereafter as solicit- Or for the Department of State. (March 3, 1891, Č. 541, § 1, 26 Stat. 945.) § 523a. Solicitor for Department of Interior— Office of the Attorney General: * * * Solicitor for the Department of the Interior, $5,000: Provided, That the title of Assistant Attorney General is hereby Changed to that of Solicitor for the Department of the Interior, but this shall not affect the status of the present incumbent or require his reappointment. (July 16, 1914, c. 141, § 1, 38 Stat. 497.) § 524. Solicitor for Department of Commerce —For Solicitor of the Department of Commerce [and Labor], to be appointed by the President, by and with the advice and consent of the Senate, four thousand five hundred dollars. (March 18, 1904, c. 716, § 1, 33 Stat. 135.) The salary of the Solicitor of the Department of Com- merce was fixed at $5,000, and the Assistant Solicitor at $3,000, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1111. Solicitor of Department of Labor, see § 525. § 525. Solicitor for Department of Labor— There shall be a solicitor of the Department of Jus- tice for the Department of Labor, whose salary shall be five thousand dollars per annum. (March 4, 1913, c. 141, § 7, 37 Stat. 738.) . The salary of the Solicitor of the Department of Labor was fixed at $5,000, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1111. § 525a. Attorneys; one in charge of condem- nation proceedings in District of Columbia—Of- fice of the Attorney General: * * * Four attor- neys, at $5,000 each, one of whom shall have Charge of all condemnation proceedings in the District of Co- lumbia and supervise the examination of titles and matters arising from such condemnation proceedings in which the United States shall be a party Or have an interest, and no special attorney Or Counsel, Or Serv- ices of persons other than of those provided for here- in, shall be employed for such purposes. (March 3, 1917, c. 163, § 1, 39 Stat. 1110.) § 526. Subordinate officers—There shall be in the Department of Justice, One chief fººlerk, at a salary of two thousand tWO hundred dollars a year. One law clerk, acting as examiner of titles, at a salary of three thousand dollars a year. One stenographic clerk, at a salary of two thousand dollars a year. - One clerk, at a salary of two thousand dollars a year. - One disbursing clerk. In the Office of the Solicitor of the Treasury: One chief clerk, at a salary of two thousand dol- lars a year, and such temporary clerks as may from time to time be needed, but the allowances for such temporary clerks shall in no one year exceed One thousand dollars. (R. S. § 351.) * . Act March 3, 1917, c. 163, § 1, 39 Stat. 1110, enumerates the officers and employés of the Department and fixes their compensation. Tit. 8) ź 544 DEPARTMENT OF JUSTICE [Page 79] § 527. Rooms—The Superintendent of the Treas- ury building shall from time to time provide such rooms as may be suitable and necessary for the ac- commodation of the Department of Justice, in some building in the vicinity of the Treasury building. (R. S. § 352.) § 528. Seal—The Seal heretofore provided for the Office of the Attorney-General shall be, with such change as the President shall approve, the seal of the Department of Justice. (R. S. § 353.) § 529. Đulties of Attorney-General—The Attor- ney-General shall give his advice and Opinion upon questions of law, whenever required by the President. (R. S. § 354, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) - . $ 530. Opinions of Attorney-General—The head of any Executive Department may require the Opinion of the Attorney-General on any questions of law aris- ing in the administration of his Department. (R. S. § 356.) § 531. Legal advice to War and Navy Depart- ments—Whenever a question of law arises in the ad- ministration of the Department of War or the De- partment of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper Officer in his Department, or otherwise disposed of as he may deem proper. (R. S. § 357.) § 532. Reference of questions to subordinates —Any question of law submitted to the Attorney-Gen- eral for his Opinion, except questions involving a COn- struction of the Constitution of the United States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the Same may be referred. officer is approved by the Attorney-General, such ap- proval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General. (R. S. § 358.) § 533. Conduct and argument of cases—Except When the Attorney-General in particular cases Other- wise directs, the Attorney-General and Solicitor-Gen- eral shall Conduct and argue suits and Writs of error and appeals in the Supreme Court and suits in the Court of Claims in which the United States is inter- ested, and the Attorney-General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is inter- ested, or may direct the Solicitor-General or any officer of the Department of Justice to do so. (R. S. § 359.) § 534. Conduct of legal proceedings—The At- torney-General or any officer of the Department of Justice, Or any attorney or counselor specially ap- pointed by the Attorney-General under any provision of law, may, when thereunto specifically directed by the Attorney-General, conduct any kind of legal pro- ceeding, civil or criminal, including grand jury pro- ceedings and proceedings before committing magis- trates, which district attorneys now are or hereafter may be by law authorized to conduct, whether or not he Or they be residents of the district in which Such proceeding is brought. (June 30, 1906, c. 3935, 34 Stat. 816.) - § 535. Performance of duty by officers of De- partment—The Attorney-General may require any so- licitor or officer of the Department of Justice to per- form any duty required of the Department or any of— ficer thereof. (R. S. $ 360.) § 536. Legal services for other Departments— The Officers of the Department of Justice, under the direction of the Attorney-General, shall give all opin- ions and render all services requiring the skill of per- Sons learned in the law necessary to enable the Pres- ident and heads of Departments, and the heads of Bureaus and other Officers in the Departments, to dis- Charge their respective duties; and shall, on behalf of If the opinion given by such torney-General powers over the accounts of district attorneys, Imar- the United States, procure the proper evidence for, and Conduct, prosecute, or defend all suits and pro- Ceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be inter- ested ; and no fees shall be allowed or paid to any Other attorney or counselor at law for any service herein required of the officers of the Department of . Justice, except in the cases provided by section three hundred and sixty-three. (R. S. § 361.) § 537. Superintending district attorneys and marshals—The Attorney-General Shall exercise gen- eral Superintendence and direction over the attorneys and marshals Of all the districts in the United States and the Territories as to the manner of discharging their respective duties; and the several district at- torneys and marshals are required to report to the At- torney-General an account of their official proceedings, and Of the State and Condition. Of their respective Of- fices, in Such time and manner as the Attorney-Gen- eral may direct. (R. S. § 362.) § 538. Counsel to aid district attorneys—The Attorney-General shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, Such attorneys and Coun- selors at law as he may think necessary to assist the district attorneys in the discharge Of their duties, and shall stipulate with Such assistant attorneys and COUn- sel the amount of COmpensation, and shall have super- vision of their conduct and proceedings. (R. S. § 363.) § 539. Attendance of counsel—Whenever the head of a Department or Bureau gives the Attorney- General due notice that the interests of the United States require the service Of Counsel upon the ex- amination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department Or Bureau, the Attorney-General shall provide for such service. (R. S. § 364.) § 540. Counsel fees restricted—No compensation shall hereafter be allowed to any perSOn, besides the respective district attorneys and assistant district at- torneys for Services as an attorney Or Counselor to the United States, Or to any branch or Department of the Government thereof, except in cases specially au- thorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same Could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys. (R. S. § 365.) § 541. Appointment and oath of special at- torneys or counsel—Every attorney Or Counselor who is specially retained, under the authority of the De- partment of Justice, to assist in the trial of any case in which the Government is interested, shall receive a commission from the head of Such Department, as a special assistant to the Attorney-General, or to some One of the district attorneys, as the nature of the appointment may require; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed up- On them by law. (R. S. § 366.) § 542. Interest of United States in pending suits—The Solicitor-General, or any officer of the De- partment of Justice, may be sent by the Attorney- General to any State or District in the United States to attend to the interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, Or to attend to any other interest of the United States. (R. S. § 367.) § 543. Accounts of district attorneys—The At- shall exercise general supervisory shals, clerks, and other Officers Of the courts of the United States. (R. S. § 368.) . § 544. Requisitions—The Attorney-General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, Out Of the Treasury, subject to the Same control as Ž 545 (Tit. S DEPARTMENT OF JUSTICE IPage SOI - is exercised on like estimates or accounts by the First Auditor or First Comptroller of the Treasury. (R. S. § 369.) • * - § 545. Traveling expenses of officers—When- ever the Solicitor-General, or any officer of the De- partment of Justice, is sent by the Attorney-General to any State, District, or Territory, to attend to any interest of the United States, the person so sent shall receive, in addition to his salary, his actual and nec- essary expenses while absent from the seat of Gov- ernment; the account thereof to be verified by af- fidavit. (R. S. § 370.) - § 546. Disbursement of moneys—All moneys drawn out of the Treasury upon the requisition of the Attorney-General shall be disbursed by such one of the clerks in the Department Of Justice as the At- torney-General may designate. (R. S. § 371.) § 547. Disbursement of salaries of judges— Judges receiving Salaries from the Treasury Of the United States shall be paid monthly by the disburs- ing officer of the Department of Justice and to him all Certificates Of nonabsence or Of the Cause Of ab- sence of judges in the Territories shall be sent. In- terstate Commerce Commissioners and other officers, now paid as judges are, shall be paid monthly by the proper disbursing officer or officers. (July 31, 1894, c. 174, § 13, 28 Stat. 210.) § 548. Records of office of agent of Treasury— The Solicitor Of the Treasury shall have charge, with- in the Department of Justice, of the books, papers, and records formerly appertaining to the Office of agent of the Treasury, or to the superintendence of the Collection of Outstanding direct taxes and inter- nal duties which have been transferred to him by the act of May twenty-nine, eighteen hundred and thirty, and remain in his Charge; and Of the Seal adopted for the Office of the Solicitor of the Treasury. (R. S. § 372.) § 549. Bonds for suit; liability of district at- torney on receiving—Whenever the Solicitor of the Treasury receives information from a collector of duties that Such collector has delivered any bond for duties to a district attorney for suit, the Solicitor of the Treasury shall make such entry thereof as that the attorney may duly appear chargeable therewith, until the amount has been paid to the United States, or he has obtained judgment thereon and delivered execution to the marshal, or otherwise been duly dis- charged therefrom. (R. S. § 373.) § 550. Same; examination of reports of dis- triet attorneys and collectors—The Solicitor of the Treasury shall make constant and strict examinations and comparisons of the reports made by Collectors of bonds for duties delivered by them to district attor- neys for suit, and of the returns made by district at- torneys of such bonds so received by them. (R. S. § 374.) . § 551. Same; false reports of—Whenever it ap- pears that any collector has made return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or has returned any bond as in suit for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the Solicitor of the Treasury shall, immediately upon discovery thereof, communicate the facts to the President of the United States. (R. S. § 375.) § 552. Discovery of frauds—The Solicitor of the Treasury, under direction of the Secretary of the Treasury shall take cognizance of all frauds or at- tempted frauds upon the revenue, and shall exercise a general Supervision Over the measures for their prevention and detection, and for the prosecution of persons charged with the commission thereof. (R. S. § 376.) * . § 553. Solicitor of Treasury; rules respecting suits—The Solicitor of the Treasury shall establish such regulations, not inconsistent with law, with the approbation of the Secretary of the Treasury, for the observance of 'collectors of the customs, and, with the approbation of the Attorney-General, for the ob- servance of district attorneys and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt Collection. Of all reve- nues and debts due and accruing to the United States. . But this section does not apply to suits for taxes, for- feitures, or penalties arising under the internal-reve- nue laws. (R. S. § 377.) - § 554. Same; report of moneys recovered—The Solicitor of the Treasury shall report all moneys re- covered or collected under his direction to the Officer from whom the bond Or Other evidence Of debt Was re- ceived, who shall give proper credit therefor; and he shall report in like manner all Credits allowed by due course of law on any suits under his direction. (R. S. § 378.) . - § 555. Same; instructions to district attorneys —The Solicitor of the Treasury shall have power to instruct the district attorneys, marshals, and clerks of the circuit and district courts in all matters and pro- ceedings appertaining to suits in which the United States is a party or interested, except suits for taxes, penalties, or forfeitures under the internal-revenue laws, and to cause them, or either of them, to re- port to him from time to time any information he may require in relation to the same. (R. S. § 379.) § 556. Same; suits involving national Thanks- Ali suits and proceedings arising out of the provi- sions of law governing national banking associations, in which the United States or any of its Officers or agents shall be parties, shall be conducted by the district attorneys of the several districts under the direction, and supervision of the Solicitor of the Treasury. (R. S. § 380.) § 557. Duties of United States attorneys—In the prosecution of any suit for money due the Post- Office Department, the United States attorney Con- ducting the same shall obey the directions Which may be given him by the Department of Justice. (R. S. 381. § § #s. Proceedings in equity in cases of Post- office Department—When proceedings at law for money due the Post-Office Department are fruitless, the Department of Justice may direct the institution of a suit in chancery, in any United States district or circuit court, to set aside fraudulent Conveyances or trusts, or attach debts due the defendant, or ob: tain any other proper exercise of the powers. Of equity to have satisfaction of any judgment against such defendant. (R. S. § 382.) § 559. Publication of opinions—The Attorney- General shall from time to time cause to be edited, and printed at the Government Printing-Office, an edition of one thousand copies of such of the Opin- | ions of the law-officers herein authorized to be given. as he may deem valuable for preservation in Vol- umes, which shall be, as to size, quality of paper, printing, and binding, of uniform style and appear. ance, as nearly as practicable, with Volume eight of such opinions, published, by Robert Farnham, in the year eighteen hundred and sixty-eight. Each Volume shall contain proper head-notes, a complete and full index, and such foot-notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe. (R. S. § 383.) : § 560. Report of business and statisties-It shall be the duty of the Attorney-General to make to. Congress, at the commencement of each regular SeS- sion, a report of the business of the Department of Justice for the last preceding fiscal year, and of any other matters appertaining thereto that he may deem; proper, including a statement of the several appro- priations now or which may hereafter be placed un- der its control, the amount appropriated, and a de- Tit. 9) ź 57? POST OFFICE DEPARTMENT º [Page 811 tailed statement of the amounts used for defraying the expenses Of the United States courts in each judicial district; also the statistics of crime under the laws of the United States, and a statement of the number of causes, civil and criminal, pending dur- ing the preceding year in each of the several courts of the United States. (R. S. § 384.) § 561. Report of expenditure of contingent fund—The Attorney-General shall hereafter annually report to Congress, in detail, the items, amounts, and causes Of expenditure Of the Contingent expenses of this Department. (June 20, 1874, c. 328, § 1, 18 Stat. 109.) § 562. Report of payments from appropria- tions—The Attorney-General shall include in his an- nual report a statement of all payments or expendi- tures during any fiscal year Out of any appropriation fund subject to requisitions by him. (June 30, 1879, C. 52, § 3, 21 Stat. 44.) § 563. Report of additional attorneys and counsel employed—The Attorney-General shall make an annual report to Congress of the names of all perSOnS employed or retained as attorneys Or Counsel- OrS at law to assist any district attorneys in the performance of their duties, stating where and upon what business each was employed, and the compensa- tion paid to each. (R. S. § 385.) . § 564. Report of assistants to district attor- neys—The Attorney-General shall, in his annual re- port to Congress each year, include a statement in detail showing for the preceding fiscal year the num- to CongreSS in his annual report. ber of assistant district attorneys employed, the Sal- aries of each; the number of clerical assistants em- ployed for each district attorney, the salaries of each; the amount expended for necessary subsistence, and actual and necessary traveling expenses of each district attorney and his assistants; the number of office deputies and clerical assistants employed for each marshal, the salaries paid to each; the amount expended for necessary subsistence and actual and A necessary traveling expenses of each marshal and his Office deputies, and the number of field deputy marshals employed by each marshal and the amount of fees earned by and the compensation paid to each of them out of such fees. (May 28, 1896, c. 252, § 23, 29 Stat. 185.) - § 565. Distribution of statutes and reports to judges—The Department of Justice shall be charg— ed with the distribution to the various judges and courts of the statutes, reports, and other judicial documents provided by law. . (R. S. § 386.) § 566. Register of statutes and reports dis- tributed—A register of the statutes Of the United States and reports of the Supreme Court shall be kept, under the authority of the head of the Depart- ment of Justice, showing the quantity of each kind received by him from the Secretary of the Interior; and it shall be his duty to cause to be entered in such register, and at the proper time, when, where, and to whom the same, Or any part of them, have been distributed and delivered, and to report the same (R. S. § 387.) TITLE IX—THE POST-OFFICE DEPARTMENT 567. Establishment. b68. Assistant Postmasters-General. 569. Same; fourth Assistant. 570. Assistant Attorney-General. Solicitor. §71. Oath of Office. 572. Clerks and employés. Same; readjustments in salaries; I'ê3.U.S. 573. Assistant superintendents of free-delivery. 574. Agents to Superintend Railway Mail Service. 575. Same. & 576. Superintendent of Railway Mail Service and chief of post-Office inspectors. - 577. Assistant general superintendent and chief clerk, Rail- Way Mail Service. 578. Superintendent of Division, of Finance. 579. Purchasing agent. District and central offices for distribution of supplies. 580. Detail of clerks from Postal Service to Department. 581. Seal. - - 582. Duties of Postmaster-General. assignment to bu- 582a. Rewards for detection of post-office burglars. 583. Postmasters; bonds; approval. 584. Signing contracts for mail transportation. Same. 585. Approval of postmasters’ bonds. 586. Property in charge of Department. 587. Foreign postal arrangements. 588. Same; publication. 589. Blank-agency. 590. Foreign dead-letters. 591. Date of orders, entries, contracts. 592. Form of bonds and contracts. 593. Copies of contracts for carrying mail. 594. Orders and regulations as to accounts. 595. Warrant on quarterly statement of Auditor. 596. Revenues and collections. 597. Deposits into Treasury. 598. Signing warrants and drafts. 599. Sarne. 600. Post-route maps; pay-rolls of topographer’s office. 601. Remitting fines, penalties, and forfeitures. 602. Discharge of judgment debtors. 603. Same; subsequent execution. 604. Reports of Postmaster-General. 605. Same. 606. Same. - 607. Disposition of useless papers. 608. Same. 609. Disposition of money-order statements. § 567. Establishment—There shall be at the seat of Government an Executive Department to be CoMP.S.T.’18 –6 known as the Post-Office Department, and a Post- master-General, who shall be the head thereof, and who shall be appointed by the President, by and With the advice and COnsent Of the Senate, and Who may be removed in the same manner; and the term of the Postmaster-General shall be for and during the term of the President by whom he is appointed, and for One month thereafter, unless SOOner removed. (R. S. § 388.) § 568. Assistant Postmasters-General—There shall be in the Post-Office Department three Assistant Postmasters-General, who shall be appointed by the President, by and with the advice and consent of the Senate, and Who may be removed in the Same manner, and who shall be entitled to a salary of four thousand dollars a year each. (R. S. § 389.) Act March 3, 1917, c. 163, § 1, 39 Stat. 1109, fixes the sala- ries of the Assistant Postmasters-General at $5,000, § 569. Same; fourth Assistant—For Fourth ASSistant Postmaster-General, four thousand dollars. (March 3, 1891, c. 541, § 1, 26 Stat. 944.) - § 570. Assistant Attorney-General—There shall be employed in the Post-Office Department one Assistant Attorney-General, who shall be appointed by the Postmaster-General, and shall be entitled to a salary of four thousand dollars a year. (R. S. § 390.) See § 570a. - - § 57 Oa. Solicitor—Office of the Attorney Gener- al: * * Solicitor for the Post Office Department, $5,000: Provided, That the title of Assistant Attor- ney General for the Post Office Department is hereby changed to that of Solicitor for the Post Office De- partment, but this shall not affect the status of the present incumbent or require his reappointment. (July 16, 1914, c. 141, § 1, 38 Stat. 497.) § 571. Oath of office—Before entering upon the duties, and before they shall receive any salary, the Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe before Some magistrate or Other Competent Officer authorized to administer Oaths by the laws Of the ź 571 & (Tit. 9 POST OFFICE DEPARTMENT [Page 821 United States, or of any State or Territory, the fol- lowing oath or affirmation: - “I, A. B. do solemnly swear (or affirm, as the Case may be) that I will faithfully perform all the duties required of me and abstain from everything forbidden by the laws in relation to the establishment of post- Offices and post-roads within the United States ; and that I will honestly and truly account for and pay Over any money belonging to the said United States which may come into my possession or control; and I also further swear (or affirm) that I will support º Constitution of the United States; so help me Od.” And this oath or affirmation may be taken before any officer civil or military holding a commission un- der the United States, and such officer is hereby au- thorized to administer and certify such oath or af- firmation. (R. S. §§ 391, 392, amended, March 5, 1874, c. 46, 18 Stat. 19.) - § 572. Clerks and employés—There shall be in the Post-Office Department: One chief clerk, at a salary of two thousand two hundred dollars a year. . One superintendent of the Post-Office building and disbursing clerk, at a salary of two thousand three hundred dollars a year. One topographer, at a salary of two thousand five . hundred dollars a year. - One stenographer, at a salary of one thousand eight hundred dollars a year. - One messenger to the Postmaster-General, at a 'sal- ary of nine hundred dollars a year. One captain of the watch, at a salary of one thou- Sand dollars a year. One engineer, at a salary of one thousand six hun- dred dollars a year. - One assistant engineer, at a salary of One thousand dollars a year. - * One carpenter, at a salary Of One thousand two hundred and fifty-two dollars a year. One assistant carpenter, at a salary of one thou- Sand dollars a year. ... • One fireman and blacksmith, at a salary of nine hundred dollars a year. Two firemen, at a salary of seven hundred and twenty dollars a year each. - Three female laborers, at a salary of four hundred and eighty dollars a year each. In the office of the money-order system: One superintendent, at a salary of four thousand dollars a year. - One chief clerk, at a salary of two thousand dollars a year. In the office of foreign mails: One superintendent, at a salary of four thousand dollars a year. One Chief clerk, at a salary of two thousand dollars a year. In the dead-letter Office: One chief of division, at a salary of two thousand five hundred dollars a year. - In the office of mail-depredations: One chief of division, at a salary of two thousand five hundred dollars a year. - - In the office of the blånk-agency: One superintendent, at a salary of One thousand eight hundred dollars a year. One assistant superintendent, at a salary of one thousand six hundred dollars a year. Four assistants, at a salary of One thousand two hundred dollars a year each. In the office of each of the Assistant Postmas- ters-General: One chief clerk, at a salary of two thousand dol- lars a year. (R. S. § 393.) Act March 3, 1917, c. 163, § 1, 39 Stat. 1110, enumerates the clerks and employés of the Department and fixes their compensation. . § 572a. Same; readjustments in salaries; assignment to bureaus–In making readjustments Class. hereunder, the salary of any clerk in any class may be fixed by the Postmaster General at $100 below the salary fixed by law for such class and the unused por- tion Of Such salary shall be used to increase the sal- ary of any clerk in any class entitled thereto by not less than $100 above the salary fixed by law for such The Postmaster General shall assign to the Several bureaus, offices, and divisions of the Post Office Department such number of the employees herein authorized as may be necessary to perform the WOrk required therein ; and he shall Submit a Statement showing such assignments and the number employed at the various salaries in the annual Book Of Estimates following the estimates for salaries in the Post Office Department. (March 3, 1917, c. 163, § 1, 39 Stat. 1109.) (R. S. § 394. Superseded.) . . This section, incorporated a provision of the postal serv- ice appropriation act for the fiscal year 1874, Act March 3, 1873, c. 231, § 1, 17 Stat. 557, authorizing the Postmaster- General to designate one of the fourth-class clerks to act as Superintendent of Free Delivery, at an annual salary of $2,500, with a proviso that the salary thereby fixed should terminate at the end of the fiscal year 1874. This provision was re-enacted by the postal service appropria– tion act for the year next following, Act June 23, 1874, c. 456, § 1, 18 Stat. 231. Subsequently appropriations were made for a “chief of division of free delivery,” and, later, for a “general superintendent free delivery system,” and after 1897, for assistant superintendents. After the fiscal year 1904, appropriations were made for a superintendent city delivery service and assistant superintendent of city free delivery system, and also for a superintendent rural free delivery service and supervisor of rural free delivery service. Recent appropriations provided, in the office of the First Assistant Postmaster-General, under the heading “Division of City Delivery,” for a superintendent, $3,000, assistant superintendent, $2,000, and clerks, etc., and in the office of the Fourth Assistant Postmaster General, un- der the heading “Division of Rural Mails,” for a super- intendent, $3,000, assistant superintendent, $2,000, and a . chief clerk, $2,000. The provisions for the fiscal year 1916 were by Act March 4, 1915, c. 141, § 1, 38 Stat. 1036, 1037. For the fiscal year 1917 the appropriations by Act May 10, 1916, c. 117, § 1, 39 Stat., were somewhat different. They Were as follows: In the office of the First Assistant Post- master General, under the heading “Division of Post Of- fice Service,” for an “assistant superintendent $3,000 (for- merly Superintendent Division of City Delivery) * * two assistant Superintendents $2,000 each (one formerly As- sistant Superintendent Division of City Delivery " " ),” and in the office of the Fourth Assistant Postmaster Gen- eral, under the heading “Division of Rural Mails,” for a 'superintendent, $3,000, assistant superintendent, $2,000, and a chief clerk, $2,000. A provision for a per diem allowance to assistant Super- intendents of free delivery, when traveling on business, was made by Act Feb. 24, 1899, c. 187, § 1, post, § 573. § 573. Assistant superintendents of free-de- livery—The assistant Superintendents of free-delivery shall hereafter be allowed a per diem of four dollars in lieu of all expenses when traveling on business of the Department. (Feb. 24, 1899, c. 187, § 1, 30 Stat. 884.) . - § 574. Agents to superintend Railway Mail Service–The Postmaster-General may appoint tWO agents to superintend the railway postal service, each of whom shall be paid out of the appropriation for the transportation of the mail a salary at the rate of two thousand five hundred dollars a year, with an allowance for traveling and incidental expenses, while actively employed in the service, of not more than five dollars a day; and the Auditor for the Post-Office Department shall charge to the appropriation for mail transportation the salary and per diem of the assistant. Superintendents of the postal-railway serv- ice, and to the appropriation for the free-delivery sys- tem the salary and per diem of the special agent de- tailed for that service. (R. S. § 4020, amended, March 3, 1897, c. 385, § 1, 29 Stat. 648.) See §§ 575-577. Act March 3, 1917, c. 162, § 1, 39 Stat. 1064, and Act March 3, 1917, c. 163, § 1, 39 Stat. 1109, make appropriations for the Railway Mail Service. § 575. Same--Hereafter the Postmaster-General may appoint one agent only to superintend the postal railway service, who shall be paid, out. Of the ap- propriation for the transportation of the mail On railways, a salary at the rate of three thousand five hundred dollars a year, and no allowances for travel- Tit. 9) 3 585 POST OFFICE DEPARTMENT [Page S3] ing or incidental expenses. (June 17, 1878, c. 259, § 1, 20 Stat. 142.) - § 576. Superintendent of Railway Mail Serv- ice and chief of post-office inspectors—Hereafter the Superintendent of railway mail service and the chief of post-Office inspectors shall be paid their actual expenses while traveling on the business of the de- partment. (March 1, 1881, c. 96, § 1, 21 Stat. 374.) § 577. Assistant general superintendent and chief clerk, Railway Mail Service—The Postmas- ter-General may appoint, and assign to duty, one as- sistant general superintendent, Railway Mail Serv- ice, who shall be paid a salary of three thousand dol- lars per year; and one chief clerk of Railway Mail Service, to be employed in the Post-Office Department, who shall be paid two thousand dollars per year; Said assistant general Superintendent and chief clerk to be also paid their necessary and actual expenses while traveling on the business of the Department. The Salaries and expenses Of these officers shall be paid out of the appropriation for the transportation % man on railways. (April 16, 1890, c. 85, 26 Stat. § 578. Superintendent of Division of Finance —Office Third Assistant POStrmaster General: * * Superintendents of divisions—finance (who shall give bond in Such amount as the Postmaster General may determine for the faithful discharge of his duties) $2,250. (March 3, 1917, c. 163, § 1, 39 Stat. 1109.) § 579. Purchasing agent—There shall be ap- pointed by the President, by and with the advice and consent of the Senate, a purchasing agent for the Post-Office Department, who shall hold office for four years unless sooner removed by the President, and who shall receive an annual salary of four thousand dollars, give bond to the United States in such sum as the Postmaster-General may determine, and report direct to the Postmaster-General ; and who shall, un- der such regulations, not inconsistent with existing law, as the Postmaster-General shall prescribe, and subject to his direction and control, have supervision of the purchase of all supplies for the postal service. The purchasing agent, in making purchases for Sup- plies necessary for the Post-Office Department, shall advertise, as now provided by law, and award con- tracts for such supplies to the lowest responsible bid- der in pursuance of existing law. The purchasing agent shall have recorded in a book to be kept for. that purpose a true and faithful abstract of all bids made for furnishing supplies to the Post-Office De- partment, giving the name of the party bidding, the terms of the offer, the sum to be paid, and he shall keep on file and preserve all such bids until the end of the contract term to which they relate. Each bid- der shall have the right to be present, either in person or by attorney, when the bids are opened, and shall have the right to examine and inspect all bids. All purchases, advertisements, and contracts for supplies for the Post-Office Department.shall be made by the purchasing agent in the name of the Postmaster-Gen- eral subject to his approval, and in purchasing such supplies preference shall be given to articles of domes- tic production and manufacture, conditions of price and quality being equal. There shall be separate pro- posals and separate Contracts for each class of ma- terial furnished. These records shall be Open at all times for the inspection of Congress, and for the in- spection of those who may be interested in such con- tracts made, Or to be made, to furnish supplies to the Post-Office Department. 33 Stat. 440.) § 579a. District and central offices for distri- Thution of supplies—In order to promote economy in the distribution of supplies, and in auditing and ac- Counting, the Postmaster General may designate dis- tricts and central offices in such districts through which supplies shall be distributed and accounts au- dited, but in no case shall the postmaster at the cen- tral station be given authority to abolish offices, to (April 28, 1904, c. 1759, § 8, Change officers or employees in offices included in such district. (March 3, 1917, c. 163, § 1, 39 Stat. 1110.) § 580. Detail of clerks from Postal Service to Department—Hereafter it shall not be lawful to detail clerks or other employés, paid from general appropriations for the postal service, from any branch of Said postal service, whether located at the seat of Government or elsewhere, to any of the offices or bureaus of the Post-Office Department at Washing- ton. (March 15, 1898, c. 68, § 9, 30 Stat. 317.) § 581. Seal—The Postmaster-General shall keep the seal heretofore adopted for his Department, which shall be affixed to all commissions of postmasters and Others, and used to authenticate all transcripts and Copies which may be required from his Department. (R. S. § 395.) § 582. Duties of Postmaster-General—It shall be the duty Of the Postmaster-General: - First. To establish and discontinue post-Offices. Second. To instruct all persons in the postal serv- ice With reference to their duties. Third. To decide on the forms of all official pa- perS. - Fourth. To prescribe the manner of keeping and Stating a CCOUnts. Fifth. To enforce the prompt rendition of returns relative to a CCOUInts. Sixth. To control, according to law, and subject to the settlement of the Sixth Auditor, all expenses incident to the service of the Department. Seventh. To superintend the disposal of the mon- eys of the Department. |Eighth. To direct the manner in which balances Shall be paid over; issue warrants to cover money into the Treasury; and to pay out the same. Ninth. To superintend generally the business of the department and execute all laws relative to the postal service. (R. S. § 396.) § 582a. Rewards for detection of post-office burglars—Office of the Postmaster General: For payment of rewards for the detection, arrest, and Conviction of post-office burglars, robbers, and high- way mail robbers: Provided, That rewards may be paid, in the discretion of the Postmaster General, When an Offender of the class mentioned was killed in the act of committing the crime or in resisting law- ful arrest. (March 3, 1917, c. 162, § 1, 39 Stat. 1059.) § 583. Postmasters; bords; approval—From and after the passage of this act the bonds of all postmasters may by the direction of the Postmaster General be approved and accepted, and the approval and acceptance signed by the First Assistant Post- master General in the name of the Postmaster Gen- eral. (March 3, 1877, c. 103, § 2, 19 Stat. 335.) § 584. Signing contracts for mail transporta- tion–The Second Assistant Postmaster General on the Order of the Postmaster General may sign with his name, in the place and stead of the Postmaster General, and attest his signature by the seal of the POst-Office Department, all contracts made in the said Department for mail transportation. (March 3, 1877, c. 103, § 3, 19 Stat. 335.) § 584a. Same—Contracts made in the Post Of- fice Department for the various classes of mail trans- portation may, upon order of the Postmaster Gener- al, be signed in the place and stead of the Postmas- ter General by the Assistant Postmaster General who is charged with the supervision of the mail transpor- tation involved, and such officer shall attest his signa- ture to such Contracts by the seal of the Post Office Department. (March 3, 1917, c. 162, § 2, 39 Stat. 1068.) - $ 585. Approval of postmasters’ bonds—From and after the passage of this Act the bonds Of all post- masters, by the direction. Of the POStrmaster-General, may be approved and accepted and the approval and acceptance signed by the Fourth Assistant Postmas- ter-General in the name of the POstmaster-General. (Dec. 21, 1893, c. 6, 28 Stat. 21.) & 586 (Tit. 9 POST-OFFICE DEPARTMENT [Page 84I § 586. Property in charge of Department—The Postmaster-General shall make Out and keep, in prop- er books, full and Complete inventories and accounts of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by him and under his charge; and shall add thereto, from time to time, an account of such property as may be procured subsequently to the taking of the same, and also an acCOunt Of the sale or disposal Of any such property, and to report the same to Con- gress during the first week of each annual session. But this section shall not apply to the supplies of sta- tionery and fuel. (R. S. § 397.) § 587. Foreign postal arrangemients—For the purpose of making better postal arrangements With foreign countries, or to counteract their adverse measures affecting Our postal intercourse With them, the Postmaster-General, by and with the advice and consent of the President, may negotiate and conclude postal treaties or conventions, and may reduce Or in- crease the rates of postage on mail-matter conveyed between the United States and foreign COuntries. (R. S. § 398.) § 588. Same; publication—The Postmaster- General Shall transmit a Copy of each postal COnven- tion concluded with foreign governments to the Sec- retary of State, who shall furnish a copy of the same to the Congressional Printer for publication; and the printed proof-sheets of all such conventions shall be revised at the Post-Office Department. (R. S. § 399.) § 589. Blank-agemey—The . Postmaster-General may establish a blank-agency for the Post-Office De- partment, to be located at Washington, District of Columbia. (R. S. § 400.) § 590. Foreign dead-letters—The action of the Post-Office Department respecting foreign dead-let- ters shall be subject to conventional stipulations with the respective foreign administrations. (R. S. § 401.) § 591. Date of orders, entries, contracts— Every order, entry, or memorandum whatever, on which any action is to be based, allowance made, or money paid, and every contract, paper, or obligation made by or with the Post-Office Department, shall have its true date affixed to it; and every paper re- lating to contracts or allowances filed in the Depart- ment Shall have the date when it was filed indorsed upon it. (R. S. § 402.) . § 592. Form of bonds arid contracts—All bonds taken and COntracts entered into by the Post-Office Department shall be made to and with the United States of America. (R. S. § 403.) § 593. Copies of contracts for carrying mail— The Postmaster-General shall deliver to the Sixth Auditor, within sixty days after the making of any Contract for carrying the mail, a duplicate copy there of. (R. S. § 404.) - § 594. Orders and regulations as to accounts— All Orders and regulations of the Postmaster-General Which may Originate a claim, or in any manner affect the accounts of the postal service, shall be certified to the Sixth Auditor. (R. S. § 405.) - § 595. Warrant on quarterly statement of Auditor-Upon the certified quarterly statement by the Sixth Auditor Of the payments by postmasters On account Of the postal service, the Postmaster-Gen- eral shall issue his warrant to the Treasurer to carry the amount to the credit of the postal revenues and to the debit of the proper appropriations upon the books of the Auditor. (R. S. § 406.) § 596. Revenues and collections—The postal revenues and all debts due the Post-Office Department shall, when collected, be paid into the Treasury of the United States under the direction of the Post- master-General, and the Treasurer, Assistant Treas- urer, or designated depository receiving such pay- ment shall give the depositor a duplicate receipt therefor, to be retained by him in his office as a you- Cher, and Shall forward the original to the Auditor of the Treasury for the Post-Office Department, to be placed to the credit of the depositor in audit of his accounts. (R. S. § 407, amended, Jan. 22, 1894, c. 17, 28 Stat. 28.) . § 597. Deposits into Treasury—All deposits On aCCOunt Of the postal service shall be brought into the Treasury by Warrants Of the POStrmaster-Gener- al, countersigned by the Auditor; and no credit shall be allowed for any deposit until Such Warrant has been issued. (R. S. § 408.) § 598. Signing warrants and drafts—Hereafter the POStrmaster-General may from time to time des- ignate any officer of the Post-Office Department above the grade of fourth-class Clerk to sign warrants, and “collection” and “transfer” drafts, in his stead, and Such warrants and drafts when SO signed shall be of the same validity as if they had been signed by the Postmaster-General. (March 3, 1903, c. 1009, § 6, 32 Stat. 1176.) . . . - - - - - § 599. Same--That hereafter the Postmaster- General may from time to time designate any em- ployee in the Office of the Third Assistant Postmas- ter-General above the grade of a clerk of Class E to sign warrants, collection and transfer drafts in his stead, and Such Warrants and drafts when so signed shall be of the same validity as if signed by the Post- master-General. (March 2, 1907, c. 2513, 34 Stat. 1206.) - - § 600. Post-route maps; pay-rolls of topog- rapher’s office—That the disbursements Of the mon- eys appropriated for the preparation and publication of post-route maps be made by a regular bonded dis- bursing-Officer of the Post-Office Department, accord- ing to the laws, rules, and customs as recognized by the accounting-officers of the Treasury Department: And provided also, That the pay-rolls of the draughts- men, clerks, messengers, and Other employees of the topographer’s Office, shall be regularly made Out by the Chief Of the topographer’s Office, examined and checked by the appointment clerk of the Post-Office Department, and the payments thereof made by a bonded disbursing-Officer of the POst-Office Depart- ment: And also provided further, That all expendi- tures made by the Chief of the topographer’s Office for the preparation and publication of post-route maps shall be accounted for by VOuchers, accompanied by affidavit, and the moneys therefor shall be disbursed by a disbursing-officer of the Post-Office Department; and all of the above disbursements shall be paid out of the appropriation for the preparation and publica- tion of post-route maps. (June 17, 1878, C. 259, § 2, 20 Stat. 143.) - - § 601. Remitting fines, penalties, and forfei- tures—In all Cases of fine, penalty, forfeiture, or dis- ability, or alleged liability for any sum of money by way of damages or otherwise, under any provision of law in relation to the officers, employés, operations, or business of the postal service, the Postmaster- General may prescribe such general rules and modes of proceeding as shall appear to be expedient, for the government of the Sixth Auditor, in ascertaining the fact in each Case in Which the Auditor Shall Cer- tify to him that the interests of the Department prob- ably require the exercise of his powers over fines, penalties, forfeitures and liabilities; and upon the fact being ascertained, the Auditor may, with the written consent of the Postmaster-General, mitigate Or remit Such fine, penalty, or forfeiture, remove such élisability, or compromise, release, or discharge such Claim for Such Sum of money and damages, and on Such terms as the Auditor shall deem just and ex- pedient. (R. S. § 409.) - § 602. Discharge of judgment debtors—The Postmaster-General may discharge from imprison- ment any perSon Confined in jail. On any judgment in a civil case, obtained in behalf of the Department, if it be made to appear that the defendant has no property of any description. (R. S. § 410.) Ch. A) . - DEPARTMENT OF THE NAVY [Page 85I § 603. Same; subsequent execution—The re- lease provided for by the preceding section shall not bar a Subsequent execution against the property of the defendant on the same judgment. (R. S. § 411.) (R. S. § 412. Repealed.) This section, forbidding persons employed in the De- partment to become interested in any contract for carry- ing the mail, etc., Was incorporated into Criminal Code, § #; 10396), and was repealed by section 341 thereof (§ § 604. Reports of Postmaster-General—The Postmaster-General shall make the following annual reportS to COngress: First. A report of the finances of the Department for the preceding year, showing the amount of bal- ance due the Department at the beginning of the year, the amount of postage which accrued within the year, the amount of engagements and liabilities and the amount actually paid during the year for Carrying the mail, showing how much of the amount Was for Carrying the mail in preceding years. Second. A report of the amount expended in the Department for the preceding fiscal year, including detailed statements of expenditures made from the COIntingent fund. And the Postmaster-General shall cause all Of Such reports to be printed at the Public Printing Office, ei- ther together or separately, and in such numbers as may be required by the exigencies Of the service Or by law. (R. S. $ 413, amended, March 3, 1897, c. 385, § 1, 29 Stat. 647.) - § 605. Same-Hereafter the Postmaster-General shall each year prepare and submit in his annual re- port to Congress estimates Of the revenue and ex- penditures in the postal service for the fiscal year current, and also for the fiscal year next ensuing at the time said report is submitted, together with a statement of the receipts and expenditures for the preceding completed fiscal year. (May 27, 1908, c. 206, 35 Stat. 418.) . - § 606. Same—The Postmaster-General shall re- quest all railroad companies transporting the mails to furnish, under seal, such data relating to the Oper- ating, receipts and expenditures of such roads as may, in his judgment be deemed necessary to enable him to ascertain the cost Of mail transportation and the proper compensation to be paid for the same; and he shall, in his annual report to Congress, make | Such recommendations, founded on the information ob. tained under this section, as shall, in his opinion, be just and equitable. (March 3, 1879, c. 180, § 6, 20 Stat. 358.) (R. S. § 414. Superseded.) This section required the Postmaster-General to furnish a copy of his annual estimates to the Secretary of the Treasury prior to November 1st in each year. It was su- perseded by the provision requiring the heads of the sev- eral Departments to furnish their annual estimates to the Secretary of the Treasury by October 1st in each year, made by Act March 3, 1875, c. 129, § 3, 18 Stat. 370, which was itself superseded by a provision requiring said esti- mates to be so furnished by October 15th of each year, of Act March 3, 1901, c. 830, § 5, post, § 6734. § 607. Disposition of useless papers—The Postmaster-General is hereby authorized to sell as Waste paper, Or otherwise dispose of, the files Of pa- pers which have a CCumulated, Or may hereafter a C- cumulate, in the Post-Office Department that are not needed in the transaction of current business and have no permanent value or historical interest; and the proceeds of said sales he shall pay into the treas- ury, and make report thereof to Congress. (March 3, 1881, c. 130, § 1, 21 Stat. 412.) § 608. Same-The Secretary of the Treasury is hereby authorized to sell as Waste paper, Or Other- wise dispose of, the files of papers which have accu- mulated, or may hereafter accumulate, in the Office of the Auditor of the Treasury for the Post-Office De- partment that are not needed in the transaction of Current business and have no permanent Official Or historical value ; and the proceeds Of Said Sales he shall pay into the Treasury, and make report thereof to Congress. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 228.) § 609. Disposition of money-order statements —The Secretary of the Treasury and the Postmaster- General shall cause to be destroyed, in such manner as they may deem best, all money-Order statements rendered by postmasters and all paid money orders accompanying the same, as well as all descriptive lists Of international money Orders Certified to or by the exchange offices designated for Conducting money- order transactions with foreign Countries, and all coupons of issued international money orders now filed in the Office Of the Auditor for the POSt-Office Department, or which may hereafter be filed therein, after three years shall have elapsed from the ex- piration of the period covered by such statements and lists. (May 27, 1908, c. 206, § 1, 35 Stat. 415.) TITLE x–THE DEPARTMENT OF THE NAVY Chap. - . Sec. A. The Department and the Secretary of the Navy 610 B. The Hydrographic Office. . . . . . . . . . . . . . . . . . . . . . . . . 656 Chap. - - Sec. C. The Naval Observatory and the Nautical Al- manac Office • e e s e e s e s e e s • e o e s e e s e s • e s e e e s e s e e 661 Chapter A–The Department and the Secretary of the Navy 629. Same; Yards and Docks, Equipment, Navigation, and Ordnance. 630. Same; Yards and Docks. 631. Same; assistant to Chief of Bureau of Navigation. 632. Same; assistant to Chief of Bureau of Ordnance. 633. Same; Bureau of Construction and Repair. 634. Same; Naval Constructor as Chief of Bureau of Con- struction and Repair. - 635. Same; Steam Engineering. 636. Same; assistant to Chief of Bureau of Steam, Engineer- ing. 637. Same; Supplies and Accounts. 638. sºlºssistant to Chief of Bureau of Supplies and Ac- COURIntS. 639. Same; pay of assistant to Chief of Bureau of Supplies and Accounts. - 640. Same; civilian assistant to Chief of Bureau of Supplies and Accounts. - 641. Same; Medicine and Surgery. 642. Same; assistant to Bureau of Medicine and Surgery. 610. Establishment of Department. 611. Assistant Secretary. 612. Judge-Advocate-General. 613. Same; assistant to. 614. Clerks and employéS. 615. Civilian expert aids. 615a. Pay of drafting, technical, and inspection force. 616. Naval stores and equipment of Vessels. 617. Custody of books and records. 618. Same. - 619. Same. 620. Lost or destroyed certificates of discharge. , 621. Duties of Assistant Secretary. - ; 621a. Chief of Naval Operations. 621b. Same; acting as Secretary. - 621c. Same; rank, title, and pay; assistants. 622. Bureaus established. 623. Bureau of Supplies and Accounts. 624. Bureau of Equipment abolished. 625. Books and records of Bureaus. 626. Bureau of Supplies and accounts; accounts and report. 627. Same; report by Chief of. 628. Chiefs of Bureaus; appointment. 642a. Same; assistants to Chiefs of Bureaus of Yards and Docks and Construction and Repair. 643. Loan of scicntific instruments. 644. Captured flags. 645. Same. 646. Same; preservation. 647. Gifts to vessels. # 610 (Tit. 10 DEPARTMENT OF THE NAVY Sec. 647a. Lease of property by Secretary of Navy. 648. Reports by Secretary of Navy. 649. Same; expenditures for civilian employés. 650. Same; repairs or changes on vessels. 651. Same; repairs for more than $200,000 on one vessel. 652. Adjustment and report of claims for damages by colli- S10Il. - 652a. Experimental and research laboratory; report. 653. Estimates for expenses. 654. Contingent expenses not payable from appropriations for , ºr naval establishment. - 655. Same. § 610. Establishment of Department—There shall be at the seat of Government an Executive De- partment, to be known as the Department of the Navy, and a Secretary of the Navy, who shall be the head thereof. (R. S. $ 415.) * § 611. Assistant Secretary—For an assistant Secretary Of the Navy, to be appointed, from Civil life, by the President, by and with the advice and COnsent Of the Senate, who shall receive a COmpenSa- tion, at the rate of four thousand five hundred dol- lars per annum. (July 11, 1890, c. 667, § 1, 26 Stat. 254.) - Present salary of the Assistant Secretary of the Navy #. at $5,000 by Act March 3, 1917, c. 163, § 1, 39 Stat. § 612. Judge-Advocate-General—That the Pres- ident Of the United States be, and he is hereby, au- thorized to appoint, for the term of four years, by and with the advice and COnSent Of the Senate, from the Officers of the Navy Or the Marine Corps, a judge- advocate-general of the Navy with the rank and high- est pay of a Captain the Navy Or the rank, pay, and allowances of a colonel in the Marine Corps, as the case may be. And the Office of the Said judge-advo- cate-general shall be in the Navy Department, where He shall, under the direction of the Secretary Of the Navy, receive, revise, and have recorded the proceed- ings Of all courts-martial, COUrts Of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform Such Other duties as have heretofore been performed by the Solicitor and naval judge-advocate-general. (June 8, 1880, c. 129, 21 Stat. 164, amended, June 5, 1896, C. 331, 29 Stat. 251.) § 613. Same; Assistant to—Hereafter an officer Of the line of the Navy or Marine Corps may be detail- ed as assistant to the Judge Advocate General of the Navy, who shall, under similar conditions, perform the duties of the Judge Advocate General. (Aug. 29, 1916, c. 417, 39 Stat. 558.) § 614. Clerks and employés—There shall be in the Department of the Navy: One chief clerk, at a salary Of tWO thousand five hundred dollars a year, So long as there is no AS- Sistant Secretary of the Navy, and at a Salary Of tWO thousand two hundred dollars a year When there is an Assistant Secretary Of the Navy. One disbursing Clerk. - + $: ; ; ; ; ; ; # * * * * * In the Bureau of Yards and DOCkS: One civil engineer, at a salary of three thousand dollars a year. One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a Salary of One thousand eight hundred dollars a year. In the Bureau of Equipment and Recruiting: One chief Clerk, at a Salary Of One thousand eight hundred dollal’s a year. In the Bureau of Construction and Repair: One Chief Clerk, at a salary of One thousand eight hundred dollars a year. One draughtsman, at a salary Of One thousand eight Hundred dollars a year. w In the Bureau of Steam Engineering: One chief Clerk, at a Salary Of One thousand eight hundred dollars a year. One draughtSman, at a Salary Of One thousand eight hundred dollars a year. F; IPage 861 One assistant draughtsman, at a salary of one thousand two hundred dollars a year. In the Bureau of Navigation: One Chief Clerk, at a salary of one thousand eight hundred dollars a year. In the Bureau of Ordnance: One Chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of One thousand eight hundred dollars a year. In the Bureau of Provisions and Clothing: One chief clerk, at a salary of one thousand eight hundred dollars a year. In the Bureau Of Medicine and Surgery: One Chief clerk, at a salary of one thousand eight hundred dollars a year. (R. S. § 416.) Act March 3, 1917, c. 163, § 1, 39 Stat. 1098, enumerates the present officers, clerks, and employés of the Depart- ment, and fixes their compensation. § 615. Civilian expert aids—On and after July first, nineteen hundred and four, it shall not be law- ful for the Secretary of the Navy to employ in the Navy Department, at Washington, District of Colum- bia, and pay Out of the appropriations for new ships, any civilian expert aids, additional draftsmen, Writ- erS, COpyists, and model makers, except as herein Or as may hereafter be specifically authorized. (March 18, 1904, c. 716, § 1, 33 Stat. 117.) § 6.15a. Pay of drafting, technical, and in- spection force—Hereafter such amount may be ex- pended annually for pay of drafting, technical, in- Spection force from the Several lump sum appropria- tions in which specific authority for such expendi- ture is given, as the Secretary of the Navy may deem necessary within the limitation of appropriation pro- • Vided for such service in said lump sum appropriations at Such rates Of Compensation as the Secretary of the Navy may prescribe; and the Secretary of the Navy shall each year, in the annual estimates, report to Congress the number of persons So employed, their duties, and the amount paid to each. (Aug. 29, 1916, c. 417, 39 Stat. 558.) - § 616. Naval stores and equipment of vessels —The Secretary of the Navy shall execute such or- derS as he shall receive from the President relative to the procurement of naval stores and materials, and the Construction, armament, equipment, and employ- ment of vessels Of war, as well as all Other matters COnnected with the naval establishment. (R. S. § 417.) -- § 617. Custody of books and records—The Sec- retary of the Navy shall have the custody and charge Of all the books, records, and other property now re- maining in and appertaining to the Department Of the Navy, or hereafter acquired by it. (R. S. § 418.) § 618. Same—All naval records, such as muster and pay rolls, Orders, and reports relating to the personnel and Operations of the Navy Of the United States, from the beginning of the Navy Department to the war of the rebellion, eighteen hundred and Sixty-One, including Operations against the French navy, Tripolitan War, war of eighteen hundred and twelve, Operations against pirates in the West Indies, Florida War, and the war with Mexico, now in any Of the Executive Departments, shall be transferred to the Secretary of the Navy, to be preserved. (April 27, 1904, c. 1630, § 1, 33 Stat. 403.) $ 619. Same—That all records (such as muster and pay rolls and reports) relating to the personnel and Operations of public and private armed vessels Of the North American Colonies in the war of the Revolution now in any of the Executive Depart- ments shall be transferred to the Secretary of the Navy, to be preserved, indexed, and prepared for pub- lication. (June 29, 1906, c. 3590, 34 Stat. 579.) § 620. Lost or destroyed certificates of dis- charge—From and after the passage of this act, when- ever satisfactory proof is furnished at the Navy De- partment that any COmmissioned officer, regular Or Ch. A) # 631 DEPARTMENT OF THE NAVY IPage S7] volunteer, appointed or enlisted man who served in the Navy or the Marine Corps of the United States in the war Of eighteen hundred and twelve, the Mexican war, Or the war Of the rebellion, has lost his Certifi- cate of discharge, or the same has been destroyed without his privity or procurement, the Secretary Of the Navy shall be authorized to furnish to Such com- missioned officer, regular or Volunteer, appointed Or enlisted man, a certificate of discharge in lieu thereof: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or any other allow- ance, or as evidence in any other case. (Feb. 7, 1890, c. 8, 26 Stat. 6.) $ 621. Duties of Assistant Secretary—Assist- ant, Secretary of the Navy, who shall hereafter per- form such duties as may be prescribed by the Secre- tary of the Navy or required by law. (March 3, 1891, c. 541, § 1, 26 Stat. 934.) § 621a. Chief of Naval Operations—There shall be a Chief of Naval Operations, who shall be an officer on the active list of the Navy appointed by the President, by and with the advice and consent of the Senate, from among the officers of the line of the Navy not below the grade of captain for a period of four years, who shall, under the direction of the Secretary of the Navy, be charged with the operations of the fleet, and with the preparation and readineSS of plans for its use in war: Provided, That if an officer of the grade of captain be appointed Chief of Naval Operations, he shall have the rank, title, and emoluments of a rear admiral while holding that position. (March 3, 1915, c. 83, 38 Stat. 929.) § 621b. Same; acting as Secretary-During the temporary absence of the Secretary and the AS- sistant Secretary of the Navy, the Chief of Naval Operations shall be next in succession to act as Secre- tary of the Navy. (March 3, 1915, c. 83, 38 Stat. 929.) § 621c. Same; rank, title, and pay; assist- ants—Hereafter the Chief of Naval Operations while so serving as such Chief of Naval Operations, shall Have the rank and title of admiral, to take rank next after The Admiral of the Navy, and shall, While SO serving as Chief of Naval Operations, receive the pay of $10,000 per annum and no allowances. All Or- ders issued by the Chief of Naval Operations in per- forming the duties assigned him shall be performed under the authority Of the Secretary Of the Navy, and his Orders shall be considered as emanating from the Secretary, and shall have full force and effect as such. To assist the Chief of Naval Operations in performing the duties of his office there shall be assigned for this exclusive duty not less than fifteen Officers of and above the rank Of lieutenant COm- mander of the Navy or major of the Marine Corps: Provided, That if an officer of the grade of captain be appointed Chief of Naval Operations he shall have the rank and title of admiral, as above provided, while holding that position: Provided further, That should an officer, while serving as Chief of Naval Operations, be retired from active Service he shall be retired with the lineal rank and the retired pay to Which he would be entitled had he not been serving as Chief Of Naval Operations. (Aug. 29, 1916, c. 417, 39 Stat. 558.) § 622. Bureaus established—The business of the Department of the Navy shall be distributed in Such manner as the Secretary of the Navy shall judge to be expedient and proper among the following Pu- Ireal!.S.: First. A Bureau Of Yards and DOCkS. Second. A Bureau of Equipment and Recruiting. Third. A Bureau of Navigation. Fourth. A Bureau of Ordnance. Fifth. A Bureau of Construction and Repair. Sixth. A Bureau of Steam Engineering. Seventh. A Bureau of Provisions and Clothing. S º A Bureau of Medicine and Surgery. (R. . § 4.19.) - | | § 623. Bureau of Supplies and Accounts— Bureau of Provisions and Clothing, hereafter to be called Bureau of Supplies and Accounts: * * And all laws now in force relating to the Bureau Of Provisions and Clothing shall now and hereafter apply to the Bureau of Supplies and Accounts. (July 19, 1892, c. 206, § 1, 27 Stat. 243, 245.) $ 624. Bureau of Equipment abolished—The Bureau of Equipment of the Navy Department is here- by abolished, and the duties assigned by law to that bureau shall be distributed among the other bureaus and Offices of the Navy Department as herein provid- ed, and all available funds heretofore appropriated for that bureau and such civil employees of that bu- reau as were heretofore authorized by law are hereby assigned and transferred to the other bureaus and offices as herein provided: Provided, That nothing herein shall be so construed as to authorize the ex- penditure of any appropriation for purposes other than those Specifically provided by the terms of the appro- priations heretofore and herein made. (June 30, 1914. c. 130, 38 Stat. 408.) - - § 625. Books and records of Bureaus—The sev- eral Bureaus shall retain the charge and custody of the books of records and accounts pertaining to their respective duties, and all of the duties of the Bureaus Shall be performed under the authority of the Secre- tary Of the Navy, and their orders shall be considered as emanating from him, and shall have full force and effect as such. (R. S. § 420.) § 626. Bureau of supplies and accounts; ac- counts and report—It shall be the duty of the Bu- reau of Provisions and Clothing to cause property ac- Counts to be kept of all the supplies pertaining to the naval establishment, and to report annually to Con- greSS the money Value of the supplies on hand at the Various Stations at the beginning of the fiscal year, the dispositions thereof, and of the purchases, and the expenditures of supplies for the year, and the bal- ances remaining On hand at the end thereof. (March 2, 1889, c. 371, § 1, 25 Stat. 817.) $ 627. Same; report by Chief of A full report Shall be made annually of receipts and expenditures by the Chief of the Bureau of Supplies and Accounts to the Secretary of the Navy. (May 13, 1908, c. 166, 35 Stat. 153.) $ 628. Chiefs of Bureaus; appointment—The Chiefs of the Several Bureaus in the Department of the Navy shall be appointed by the President, by and with the advice and Consent of the Senate, from the classes Of Officers mentioned in the next five sections respec- tively, or from Officers having the relative rank of Captain in the staff Corps of the Navy, on the active list, and Shall hold their offices for the term of four years. (R. S. § 421.) $ 629. Same; Yards and Decks, Equipment, Navigation, and Ordnance—The chiefs of the Bu- reau of Yards and Docks, of the Bureau of Equipment and Recruiting, of the Bureau of Navigation, and of the Bureau of Ordnance, shall be appointed from the list of Officers Of the Navy, not below the grade of commander. (R. S. § 422.) § 630. Same; Yards and Docks—The Chief of the Bureau of Yards and Docks shall be selected from the members of the Corps of Civil Engineers of the Navy having not less than seven years’ active service. (June 29, 1906, c. 3590, 34 Stat. 564.) § 631. Same; assistant to Chief of Bureau of Navigation—An Officer of the Navy not below the rank Of COmmander may be detailed as assistant to the Chief of the Bureau of Navigation in the Navy De- partment, and Such Officer shall receive the highest pay of his grade, and, in case of the death, resigna- tion, absence, or sickness of the Chief of the Bureau, shall, unless otherwise directed by the President, as provided by Section One hundred and seventy-nine of the Revised Statutes, perform the duties of Such Chief until his successor is appointed Or such absence # 632 (Tit. 10. DEPARTMENT OF THE NAVY [Page 88] or sickness shall cease. (March 3, 1893, c. 212, § 1, 27 Stat. 717.) § 632. Same; assistant to Chief of Bureau of Ordnance—That a line Officer of the Navy may be de- tailed temporarily as assistant to the Chief Of the Bureau of Ordnance in the Navy Department, and that Such officer during Such detail shall receive the highest pay of his grade, and in the case of the death, resignation, absence, or sickness of the Chief Of the bureau shall, unless otherwise directed by the Presi- dent, as provided by sections one and seventy-nine Of the Revised Statutes, perform the duties of such chief until his Successor is appointed or Such absence Or sickness shall cease, provided that, in case of the death, sickness, or absence on duty of the chief of the bureau and the assistant thereto, the Chief Clerk shall act as chief of the bureau. (May 4, 1898, c. 234, § 1, 30 Stat. 373.) § 633. Same; Bureau of Construction and Re- pair—The chief of the Bureau of Construction and Repair shall be appointed from the list of Officers of the Navy, not below the grade of commander, and shall be a skillful naval constructor. (R. S. § 423.) § 634. Sarºle; Naval Constructor as Chief of Bureau of Construction and Repair—Any Naval Constructor having the rank of Captain, Commander Or Tieutenant Commander shall be eligible as Chief of the Bureau of Construction and Repair. (March 3, 1893, c. 212, § 1, 27 Stat. 716.) § 635. Same; Steam Engineering—The chief of the Bureau of Steam Engineering shall be appointed from the line Of Officers Of the Navy not below the grade of lieutenant-commander, and shall be a skillful engineer. (R. S. § 424, amended June 7, 1900, c. 859, § 1, 31 Stat. 702.) tº § 636. Same; assistant to Chief of Bureau of Steam Engineering—A line officer of the Navy may be detailed as assistant to the Chief of the Bureau Of Steam Engineering in the Navy Department, and Such officer during, such detail shall receive the highest pay of his grade, and in case of death, resignation, ab- sence, or sickness of the Chief of the Bureau Shall, unless otherwise directed by the President, as DTO- vided by section one hundred and seventy-nine Of the Revised Statutes, perform the duties of such Chief un- til his successor is appointed or such absence or Sick- ness shall cease. (March 3, 1905, c. 1481, 33 Stat. 1111.) § 637. Same; Supplies and Accounts—The Chief Of the Bureau of Provisions and Clothing shall be ap- pointed from the list of paymasters of the Navy of not less than ten years’ standing. (R. S. § 425.) § 638. Same; assistant to Chief of Bureau of Supplies and Accounts—An Officer of the pay Corps of the Navy may be detailed as assistant to the Chief Of the Bureau of Supplies and ACCounts in the Navy Department, and [that] such officer shall, in case of the death, resignation, absence, or sickness Of the Chief of the Bureau, unless Otherwise directed by the President, as provided by section one hundred and sev- enty-nine of the Revised Statutes, perform the du- ties of such chief until his successor is appointed. Or such absence or sickness shall cease. (July 26, 1894, c. 165, § 1, 28 Stat. 132.) § 639. Same; pay of assistant to Chief of Bul- reau of Supplies and Accounts—The Officer of the Pay Corps of the Navy detailed as assistant to the Chief of the Bureau of Supplies and ACCOUInts pur- Suant to the Act of Congress approved July twenty- seventh, eighteen hundred and ninety-four, shall here- after receive the highest pay of his grade. (March 3, 1899, c. 421, 30 Stat. 1038.) § 640. Same; civilian assistant to Chief of Bureau of Süpplies and Accounts—Bureau of Sup- plies and ACCOUInts: For a civilian assistant who shall perform the duties of chief clerk, and in case of the death, resignation, sickness, or absence of both the Paymaster-General of the Navy and his assistant, now provided by law, unless otherwise directed by the | President, as provided by section one hundred and seventy-nine, Revised Statutes such civilian assistant shall become the acting chief of the Bureau, two. thousand five hundred dollars. (March 18, 1904, c. 716, § 1, 33 Stat. 121.) § 641. Same; Medicine and Surgery—The chief of the Bureau of Medicine and Surgery shall be ap- pointed from the list of the Surgeons of the Navy. (R. S. § 426.) - § 642. Same; assistant to Bureau of Medicine. and Surgery—A surgeon, assistant surgeon, or passed assistant Surgeon, may be detailed as assistant to the Bureau of Medicine and Surgery, who shall receive the highest shore pay of his grade. (R. S. § 1375, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) § 64.2a. Same; assistants to Chiefs of Bureaus. of Yards and Docks and Construction and Repair —Hereafter an Officer Of the Corps of Civil Engineers. may be detailed as assistant to the Chief Of the Bu- reau of Yards and DOCks and an Officer of the Corps Of . Naval Constructors as assistant to the Chief of Bureau of Construction and Repair; and, in case of death, resignation, absence, or sickness of the chief of bureau, Shall, unless Otherwise directed by the Presi- dent, as provided by Section One hundred and seventy- nine of the Revised Statutes, perform the duties of Sugh Chief until his successor is appointed Or Such ab- sence or sickness shall cease. (Aug. 29, 1916, c. 4.17, 39 Stat. 558.) (R. S. § 427. Obsolete.) - This section provided for the use by the Department, for the purpose of printing charts, of engraved plates of the Wilkes” Exploring Expedition, in charge of the Joint Committee on the Library. It is practically obsolete. § 643. Loan of scientific instruments—The Secretary of the Navy be, and he is hereby, authoriz- ed, in his discretion, to loan any scientific instru- ments in the possession of any of the bureauS under his charge, and not in use, to persons taking Observa- tions, or making investigations in connection With, or for the use of, the Signal Service under Such regu- lations as he may prescribe, taking such Security for the safe-keeping and return of such instruments On. demand as he may deem necessary. (Oct. 19, 1888, c. 1210, § 3, 25 Stat. 600.) § 644. Captured flags—The Secretary Of the Navy shall from time to time cause to be collected and transmitted to him at the seat of Government all. flags, standards, and colors taken by the Navy from, the enemies of the United States. (R. S. § 428.) § 645. Same-The Secretary of the Navy shall cause to be collected and transmitted to him, at the seat of Government of the United States, all Such flags, standards, and colors as shall have been or may Hereafter be taken by the Navy from enemies. (R. S. § 1554.) § 646. Same; preservation—All flags, stand- ards, and colors of the description mentioned in the foregoing section, which are now in the possession: of the Navy Department, or may hereafter be trans- mitted to it, shall be delivered to the President, for the purpose of being, under his direction, preserved and displayed in such public place as he may deem proper. (R. S. § 1555.) § 647. Gifts to vessels—The Secretary of the Mavy is hereby authorized to accept and care for such gifts in the form of silver, colors, books, or other articles of equipment or furniture as, in accordance- with custom, may be presented to vessels of the Navy by States, municipalities, or otherwise. The neces- sary expense incident to the care and preservation of gifts of this character which have been or may here- after be accepted shall be defrayed from the ap- propriation “equipment of vessels.” (May 20, 1908, c. 182, 35 Stat. 171.) - § 647a. Trease of property by Secretary of Navy—Lease of Naval Ilands: That authority be, and is hereby, given to the Secretary of the Navy, when in his discretion it will be for the public good, to lease. for periods not exceeding five years and revocable at: ‘Ch. A) 3 655 DEPARTMENT OF THE NAVY IPage 89] any time, such property of the United States under his control as may not for the time being be required for public use and for the leasing of which there is no authority under existing law, and such leases shall be reported annually to Congress: Provided, "That the authority herein granted shall not be held to apply to oil, mineral, or phosphate lands: Provided further, That all moneys received from such leases shall be COvered into the Treasury as miscellaneous receipts. (Aug. 29, 1916, c. 417, 39 Stat. 559.) § 648. Reports by Secretary of Navy—The Sec- retary of the Navy shall make annual reports to ‘Congress upon the following subjects: *. First. A statement of the appropriations Of the pre- ceding fiscal year for the Department of the Navy, showing the amount appropriated under each Specific, head of appropriation, the amount expended under each head, and the balance which, On the thirtieth day of June preceding such report, remained unex- pended. Such report shall be accompanied by esti- mates of the probable demands which may remain on each appropriation. Second. [Repealed.] Third. A statement showing the amounts expended during the preceding fiscal year for wages of mechan- ics and laborers employed in building, repairing, or equipping vessels of the Navy, or in receiving and securing stores and materials for those purposes, and for the purchase of material and stores for the same 19ürpose; and Showing the COSt Or estimated value Of the stores on hand, under this appropriation, in the navy-yards, at the commencement of the next preceding fiscal year; and the COst Or estimated value of articles received and eXpended during the year; and the cost Or estimated Value of the articles belonging to this appropriation Which may be on hand in the navy-yards at the ClOSe Of the next pre- Ceding fiscal year. Fourth. A statement of all acts done by him in making sale of any vessel Or materials Of the Navy; specifying all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. (R. S. § 429, amended, June 22, 1910, c. 331, 36 Stat. 591.) § 649. Same; expenditures for civilian em- ployés—The Secretary of the Navy is hereby directed to report to Congress, at its next and each regular Session thereafter, the amount expellded during the prior fiscal year, from the appropriations for the pay of the Navy, Bureaus of Navigation, Ordnance, Equip- ment and Recruiting, Yards and Docks, Medicine and Surgery, Provisions and Clothing, Construction and Repair, and Steam-Engineering, for Civilians employ- ed On clerical duty, Or in any other Capacity than as Ordinary mechanicS and Workingmen, and to Sub- mit, under the estimates for pay of the Navy and for the respective Bureaus enumerated above, Specific estimates for such civilian employees for the fiscal year eighteen hundred and eighty-Seven, and each fiscal year thereafter. (Jan. 30, 1885, c. 43, § 3, 23 Stat. 295.) § 650. Same; repairs or changes on vessels— The Secretary of the Navy shall hereafter report to Congress, at the commencement of each regular ses- sion, the number of Vessels and their names upon which any repairs or changes are proposed which in any case shall amount to more than [two hundred thousand dollars], the extent of such proposed re- pairs or changes, and the amounts estimated to be Theeded for the same in each vessel; and expenditures for Such repairs Or changes SO limited shall be made only after appropriations in detail are provided for py Congress. (March 2, 1907, c. 25.12, 34 Stat. 1195.) § 651. Same; repairs for more than $200,000 on one vessel—Hereafter it shall be the duty Of the Secretary of the Navy to report to Congress at the be- ginning of each regular session thereof, in addition to the report directed to be made in the Act of March second, nineteen hundred and seven, making appropri- ations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes, a detailed statement showing the amount expended from each of the appropriations for the repair of every ship where such repairs exceed for any one ship the sum of [two hundred thousand dol- lars] in any one fiscal year. (March 3, 1909, c. 255, 35 Stat. 769.) § 652. Adjustment and report of claims for damages by collision—The Secretary of the Navy is hereby authorized to consider, ascertain, adjust and determine the amounts due On all claims for dam- ages, where the amount Of the Claim does not exceed the sum of five hundred dollars, hereafter Occasioned by Collision, for which collisions vessels Of the navy shall be found to be responsible, and report the amounts SO ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims Out of appropriations that may be made by Congress therefor. (June 24, 1910, c. 378, 36 Stat. 607.) - § 652a. Experimental and research labora- tory; report—Experimental and research labora- tory: For laboratory and research work on the sub- ject Of gun erosion, torpedo motive power, the gyro- SCOpe, Submarine guns, protection against Submarine, torpedo and mine attack, improvement in Submarine attachments, improvement and development in Sub- marine engines, Storage batteries and propulsion, aero- planes and aircraft, improvement in radio installa- tions, and Such Other necessary work for the benefit of the Government service, including the construction, equipment, and Operation of a laboratory, the employ- ment of Scientific civilian assistants as may become necessary, to be expended under the direction of the Secretary of the Navy (limit of cost not to exceed $1,500,000), $1,000.000: Provided, That nothing herein shall be construed as preventing or interfering with the continuation or undertaking of necessary experi- mental work during the fiscal year ending June thir- tieth, nineteen hundred and seventeen, as heretofore Conducted under other appropriations: Provided fur- ther, That the Secretary of the Navy shall make de- tailed reports to the Congress not later than June thirtieth, nineteen hundred and seventeen, and an- nually thereafter, showing the manner in which all expenditures hereunder have been made. (Aug. 29, 1916, c. 417, 39 Stat. 570.) § 653. Estimates for expenses—All estimates for Specific, general, and contingent expenses Of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus. (R. S. § 430.) § 654. Contingent expenses not payable from appropriations for naval establishment—For sta- tionery, furniture, newspapers, plans, drawings, draw- ing materials, horses and wagons to be used only for Official purposes, freight, expressage, postage, s and Other absolutely necessary expenses of the Navy Department and its various bureaus and offices, four- teen thousand dollars. * * And hereafter it shall not be lawful to expend, for any of the Offices or bureaus Of the Navy Department at Washington, any sum Out of appropriations made for the naval es- tablishment for any of the purposes mentioned Or au- thorized in the said foregoing paragraph. (June 22, 1906, c. 3514, § 1, 34 Stat. 427.) The provisions of this section are repeated in Subse- quent appropriation acts. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1102. § 655. Same—For stationery, furniture, newspa- pers, plans, drawings, drawing materials, horses and wagons to be used only for official purposes, includ- ing rental of stable; purchase, maintenance, repair, operation or exchange of horse-drawn passenger-car- rying vehicles, automobile mail wagon, including ex- change of same, street-Car tickets not exceeding $250, freight, expressage, postage, type Writers and comput- 3 656 (Tit. 10 DEPARTMENT OF THE NAVY § [Page 90] - ing machines, and other absolutely necessary expenses of the Navy Department and its various bureaus and offices * * ; it shall not be lawful to expend, for any of the Offices Or bureaus Of the Navy Department at Washington, any sum Out of appropriations made for the Naval Establishment for any of the purposes mentioned or authorized in this paragraph. (March 3, 1917, c. 163, § 1, 39 Stat. 1102.) Chapter B–The Hydrographic Office Sec 656. Attached to Bureau of Navigation. 657. Attachment to Bureau of Equipment. 657a. Detail of naval officers to. 657b. Same. 658. Maps, charts and books. 659. Charts for persons not in Government Service. 660. Receipts from sale of maps, charts and books. § 656. Attached to Bureau of Navigation- There shall be a Hydrographic Office attached to the Bureau of Navigation in the Navy Department, for the improvement of the means for navigating safely the vessels of the Navy and of the mercantile marine, by providing, under the authority of the Secretary of the Navy, accurate and cheap nautical charts, sailing directions, navigators, and manuals of in- structions for the use of all vessels of the United States, and for the benefit and use of navigators gen- erally. (R. S. § 431.) § 657. Attachment to Bureau of Equipment —The Hydrographic Office shall hereafter be attach- ed to and be a part of the Bureau of Equipment. (May 4, 1898, c. 234, § 1, 30 Stat. 374.) - § 657a. Detail of naval officers to—The Secre- tary of the Navy is authorized to detail such naval officers not exceeding four as may be necessary”to the Hydrographic Office. (March 4, 1917, c. 180, 39 Stat. 1172.) § 657b. Same-That the Secretary of the Navy be, and he is hereby, authorized to detail such naval officers as may be necessary to the Hydrographic Office during the continuance of the present war. (April 25, 1917, c. 7, 40 Stat. 38.) § 658. Maps, charts, and books—The Secretary of the Navy is authorized to cause to be prépared, at the Hydrographic Office attached to the Bureau Of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navi- gation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, Charts, navigators, sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. (R. S. § 432.) § 659. Charts for persons not in Government service—All Charts hereafter furnished to mariners Or others not in the government service shall be paid for at the Cost price of paper and printing paid by the government. (May 4, 1878, c. 91, § 1, 20 Stat. 51.) § 660. Receipts from sale of maps, charts, and books—All moneys which may be received from the Sale of maps, charts, and nautical books. shall be returned by the Secretary of the Navy into the Treasury of the United States, to be used in the fur- ther preparation and publication of maps, charts, navigators, sailing directions, and instructions for the use Of Seamen, to be sold at the rates as set forth in the preceding section. (R. S. § 433.) g Chapter C—The Naval Observatory and the Nautical Almanac Sec. Office 661. Observatory. 662. Board of visitors; Superintendent. Nautical Almanac. Exchange of data with foreign almanac offices. § 661. Observatory—The Officer of the Navy em- ployed as superintendent of the Naval Observatory sº at Washington shall be entitled to receive the shore- duty pay of his grade, and no other. (R. S. § 434.) § 662. Board of visitors; Superintendent- There shall be appointed by the President, by and with the advice and consent of the Senate, from per- sons not Officers of the United States a board of six visitors to the Naval Observatory, four to be astrono- mers of high professional standing and two to be eminent citizens Of the United States. Appointments to this board shall be made for periods of three years, but provision shall be made by initial appointments for shorter terms So that two members shall retire in each year. Members of this board shall serve With- out compensation, but the Secretary of the Navy shall pay the actual expenses necessarily incurred by mem- bers of the board in the discharge of Such duties as are assigned to them by the Secretary of the Navy or are otherwise imposed upon them. The board of Visitors shall make an annual visitation to the Ob- servatory at a date to be determined by the Secretary Of the Navy, and may make Such other visitations not exceeding two in number annually by the full board Or by a duly appointed Committee as may be deemed needful or expedient by a majority of the board. The board of visitors shall report to the Secretary of the Navy at least once in each year the result of its examinations Of the Naval Observatory as re- Spects the Condition of buildings, instruments, and apparatus, and the efficiency with which its scientific Work is prosecuted, and shall also report as respects the expenditures in the administration of the Ob- servatory. The board of visitors shall prepare and submit to the Secretary of the Navy regulations pro- Scribing the scope of the astronomical and other re- searches of the Observatory and the duties of its staff with reference thereto. When an appointment Or detail is to be made to the Office Of astronomical director, director of the Nautical Almanac, astrono- mer, or assistant astronomer, the board of visitors may recommend to the Secretary of the Navy a suit- able person to fill such office, but such recommenda- tion shall be determined only by a majority vote of the members present at a regularly called meeting of the board held, in the city of Washington. The Su- perintendent of the Naval Observatory shall be, un- til further legislation by Congress, a line officer of the Navy of a rank not below that of captain. (March 3, 1901, c. 852, § 1, 31 Stat. 1122.) (R. S. § 435. Repealed.) This section provided that the meridian of the Observa- tory at Washington should be adopted and used for all astronomical purposes, and the meridian of Greenwich for all nautical purposes. Repealed by Act Aug. 22, 1912, c. 335, 37 Stat. 342. § 663. Nautical Aimanac—The Secretary of the Navy may place the supervision of the Nautical Al- manac in charge of any officer or professor of mathe- matics in the Navy who is competent for that Serv- ice. Such officer or professor, when so employed, shall be entitled to receive the shore-duty pay of his grade, and no other. (R. S. § 436.) § 664. Exehange of data, with foreign alma- nae offices—The Secretary of the Navy is hereby all- thorized to arrange for the exchange of data. With such foreign almanac offices as he may from time to time deem desirable with a view to reducing the amount of duplication of work in preparing the dif- ferent national nautical and astronomical almana CS and increasing the total data which may be of use to navigators and astronomers available for publication in the American Ephemeris and Nautical Almanac: Provided, That any such arrangement shall be ter- minable on One year’s notice: Provided further, That the Work Of the Nautical Almanac Office during the continuance of any such arrangement shall be conduct- ed so that in case of emergency the entire portion of the work intended for the use of navigators may be computed by the force employed by that Office, and without any foreign co-operation whatsoever: Provid- Ch. 1) & 670 DEPARTMENT OF THE INTERIOR IPage 91.I ed further, That any employee of the Nautical Alma- nac Office who may be authorized in any annual ap- propriation bill and whose services in whole or in part can be spared from the duty of preparing for publica- tion the annual volumes Of the American Ephemeris and Nautical Almanac may be employed by said office in the duty of improving the tables Of the planets, lmoon, and stars, to be used in preparing for publica- tion the annual volumes of the office. (Aug. 22, 1912, . c. 335, 37 Stat. 342.) TITLE XI-THE DEPARTMENT OF THE INTERIOR Chap. Sec. 1. The Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665 2. The Secretary of the Interior.............. e º e º e e 681 3 The General Land-Office. . . . . . . . . . . . . . . . . . . . . . . . 690 4. The Commissioner of Indian Affairs. . . . . . . . . . . . 713 5. The Commissioner of Pensions. . . . . . . . . . . . . . . . . 727 6. The Patent-Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 735 Chap. Sec. 7. The Superintendent of Public Documents. . . . . . . 8. The Returns Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 761 9. The Office of Education . . . . . . . . . . . . . . . . . . . . . . . . . 765 9A. The Geological Survey . . . . . . . . . . . . . . . . . . . . . . . . . . 770 9B. The Bureau of Mines . . . . . . . . . . . . . . . . . . . . . . . . . . . 783 90. The National Park Service. . . . . . . . . . . . . . . . . . . . . . 787d Chapter One—The Department 665. Establishment. 666. Assistant Secretary. 667. Same; duties. - Same; signing official papers, etc. 668. First Assistant Secretary. 669. Clerks and employés. - 670. Estimates for personal services in Indian Office. 671. Pension disbursing clerk. 672. Acting pension disbursing clerk. Board of appeals in office of Solicitor. 673. Financial clerk in Patent Office. 674. Detail of clerks to assist house committees on pensions. 675. Records; copies. 676. Same; inspection and copying. 677. Same; authenticated copies as evidence. 678. Same; attestation of copies by official Seal. 679. Same; repeal; fee. 680. Same; disposition of receipts. § 665. Establishment—There shall be at the Seat of Government an Executive Department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. (R. S. § 437.) - § 666. Assistant Secretary—There shall be in the Department of the Interior an Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of [six thousand dol- lars] a year, to be paid monthly. (R. S. § 438.) See § 668. The salaries of the First Assistant Secretary and Assistant Secretary are now fixed at $5,000 and $4,500, respectively. Act March 3, 1917, c. 163, § 1, 39 Stat. 1102. § 667. Same; duties—The Assistant Secretary of the Interior shall perform such duties in the De- partment of the Interior as shall be prescribed by the Secretary, or may be required by law. (R. S. $ 439.) § 667a. Same; signing official papers, etc.— That the assistant to the Secretary of the Interior be, and hereby is, authorized to sign such Official pa- pers and documents as the Secretary may direct. (March 28, 1918, c. 29.) § 668. First Assistant Secretary—For an addi- tional Assistant Secretary of the Interior, Who shall be known and designated as First Assistant Secretary of the Interior, four thousand five hundred dollars. (March 3, 1885, c. 360, 23 Stat. 497.) § 669. Clerks and employés—There shall also be in the Department of the Interior: One Chief clerk, at a salary of two thousand two hundred dollars a year. A superintendent of the building, to be designated from the fourth-class clerks, who shall be paid two hundred dollars a year additional. Three disbursing Clerks. The Secretary may, if he deem it necessary and proper, pay two hundred dollars a year additional to any four clerks of the fourth class. Three meSSengerS, at a Salary Of nine hundred dol- 1ars a year each. One engineer, at a salary of one thousand four hundred dollars a year. . . One captain of the Watch, at one thousand two hun- dred dollars a year. Twenty-eight watchmen for the general service Of the Department building and all the bureaus therein, to be allotted to day or night service, as the Secretary may direct. sk 2}: 2: * $: * zº iſ: In the General Land-Office: One chief clerk, at a salary of two thousand dol- lars a year. One principal clerk, on account of military bounty- lands, at a salary of two thousand dollars a year. One draughtsman, at a salary of one thousand six hundred dollars a year. sº One assistant draughtsman, at a salary of one thou- Sand four hundred dollars a year. TWO packers, at a salary of seven hundred and twenty dollars a year each. In the Office Of the Commissioner of Indian Af- fairs: One chief clerk, at a salary of two thousand dol- lars a year. * In the office of the Commissioner of Pensions: One chief clerk, at a salary of two thousand dollars a year. - One engineer, at one thousand four hundred dollars a year. - - One assistant engineer, at One thousand dollars a year. In the Patent Office : One chief clerk, who shall be qualified to act as a principal examiner. One librarian, who shall be qualified to act as an assistant examiner. Five law examiners. One examiner of classification. One examiner of interferences. One examiner of trade-marks and designs. One first assistant examiner of trade-marks and designs. Six assistant examiners of trade-marks and de- SIgn.S. Forty-three principal examiners. Eighty-six first assistant examiners. Eighty-Six second assistant examiners. Eighty-six third assistant examiners. Eighty-six fourth assistant examiners; and such Other examiners and assistant examiners in the va- rious grades as the Congress shall from time to time provide for. In the Office Of Education: One chief clerk, at a salary of two thousand dol- lars a year. - - One statistician, at a Salary of eighteen hundred dollars a year. * One translator, at a salary of one thousand six hundred dollars a year. (R. S. § 440, amended, Feb. 15, 1916, c. 22, § 3, 39 Stat. 9.) The present clerks and employés in the Department are enumerated, and their compensation fixed, by Act March 3, 1917, c. 163, § 1, 39 Stat. 1102. § 670. Estimates for personal services in In- dian Office—For the fiscal year nineteen hundred and Ž 671 (Tit. 11 DEPARTMENT OF THE INTERIOR [Page 92I fourteen and annually thereafter estimates in detail shall be submitted for all personal services required in the Indian Office, and after the end of the fiscal year nineteen hundred and thirteen it shall not be lawful to employ in said office any personal services Other than those specifically appropriated for in the legis- lative, executive, and judicial appropriation Acts, ex- cept temporary details of field employees for service COnnected solely with their respective employments. (Aug. 23, 1912, c. 350, 37 Stat. 396.) § 671. Pension disbursing clerk—For salary of One disbursing clerk for the payment of pensions, to be selected and appointed by the Secretary of the Interior, at the rate of four thousand dollars per an- num, during the last five months of the fiscal year nineteen hundred and thirteen, * * ; and from and after the thirty-first day of January, nineteen hundred and thirteen, there shall be One disbursing Clerk in the Bureau of Pensions to be appointed as aforesaid and who shall receive a salary at the rate Of four thousand dollars per annum. (Aug. 17, 1912, c. 301, § 1, 37 Stat. 312.) - - § 672. Acting pension disbursing clerk—In case Of sickness or unavoidable absence of the disbursing Clerk for the payment of pensions from his office, the Commissioner of Pensions may, with the approval of the Secretary of the Interior, authorize the chief clerk Of his office or some other clerk employed therein to temporarily act as such disbursing clerk for payment of pensions. - With the approval of the Commissioner of Pensions and the Secretary of the Interior, the disbursing clerk for the payment of pensions may designate and au- thorize the necessary number of clerks to sign the name of the disbursing clerk for the payment of pen- Sions to Official checks. The disbursing clerk shall give bond with good and Sufficient surety for such amount and in such form as the Secretary of the Interior may approve, and such bond Shall be held to cover and apply to the acts Of the persons authorized to act in his place. (Aug. 17, 1912, c. 301, § 5, 37 Stat. 313.) - § 672a. Board of Appeals in office of Solici- tor—Office Of Solicitor : Three members of a board of appeals, to be appointed by the Secretary of the In- terior, at $4,000 each. (March 3, 1917, c. 163, § 1, 39 Stat. 1103.) - - § 673. Financial clerk in Patent Office—United States Patent Office. * * One financial clerk, two thousand dollars, who shall give bond in Such amount as the Secretary of the Interior may determine. (June 19, 1878, c. 329, § 1, 20 Stat. 200.) Salary of financial clerk now fixed at $2,250 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1105. - § 674. Detail of clerks to assist house corn- mittees on pensions—That the Secretary of the In- terior, be, and is hereby authorized, if in his opinion the public interests will not suffer thereby, upon the request of either of the Committees hereinafter nam- ed, to detail from that department, One Clerk to act as assistant-Clerk to the House Committee on Pen- sions, and one Clerk to act as assistant-clerk to the House Committee on Invalid Pensions. (Feb. 1, 1884, No. 4, 23 Stat. 266.) § 675. Records; copies—The Secretary of the Interior, the head of any bureau, office, or institution, or any officer of that department, may, when not prej- udicial to the interests Of the Government, furnish authenticated or unauthenticated copies of any offi- cial books, records, papers, documents, maps, plats, or diagrams within his custody, and charge therefor the following fees: For all written copies, at the rate of fifteen Cents for each hundred WOrds there- in ; for each photolithographic copy, twenty-five cents where such copies are authorized by law ; for photo- graphic copies, fifteen cents for each sheet; and for • tracings or blue prints the cost of the production thereof to be determined by the officer furnishing such copies, and in addition to these fees the sum of tWen- ty-five cents shall be charged for each certificate of verification and the Seal attached to authenticated copies: Provided, That there shall be no charge for the making or verification of copies required for official use by the officers of any branch of the Government: Provided further, That only a charge of twenty-five cents shall be made for furnishing authenticated Copies of any rules, regulations, Or in- structions printed by the Government for gratuitous. distribution. (Aug. 24, 1912, c. 370, § 1, 37 Stat. 497.) § 676. Same; inspection and copying—Nothing in this Act shall be construed to limit Or restrict in any manner the authority of the Secretary of the In- terior to prescribe such rules and regulations as he may deem proper governing the inspection of the records of said department and its various bureaus by the general public, and any person having any particular interest in any of such records may be per- mitted to take Copies of such records under Such rules and regulations as may be prescribed by the Secretary of the Interior. (Aug. 24, 1912, c. 370, § 2, 37 Stat. 498.) w - § 677. Same; at thenticated copies as evi- dence—All authenticated copies furnished under this Act shall be admitted in evidence equally with the ºnal thereof. (Aug. 24, 1912, c. 370, § 3, 37 Stat. 498. - - $. 678. Same; attestation of copies by official seal—All officers who furnish authenticated copies un- der this Act shall attest their authentication by the use of an official seal, which is hereby authorized for that purpose. (Aug. 24, 1912, c. 370, § 4, 37 Stat. 498.) § 679. Same; repeal; fee—The Act of CongreSS approved April nineteenth, nineteen hundred and four, chapter thirteen hundred and ninety-six, be, and the same is hereby, repealed; but nothing in this Act shall be so construed as to repeal the provisions of Sections four hundred and ninety to four hundred and ninety- three, inclusive, and forty-nine hundred and thirty- four of the Revised Statutes, fixing the rates for pat- ent fees; or the Act approved March third, eighteen hundred and ninety-one, chapter five hundred and forty-one, fixing a rate for certifying printed copies of specifications and drawings of patents; or Of Sec- tion fourteen of the Act of February twentieth, nine- teen hundred and five, chapter five hundred and nine- ty-two, to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same; nor shall anything in this Act be construed to repeal any of the provisions of section eight of the Act approved April twenty-sixth, nineteen hundred and six, chapter eighteen hundred and Seventy-six, authorizing the officer having charge of the custody of any records pertaining to the enrollment of members of the Five Civilized Tribes of Indians to furnish Cer- tified copies of such records and charge for that Serv- ice such fees as the Secretary of the Interior may prescribe; nor shall anything herein contained pre- vent the Secretary of the Interior, under his general power of supervision over Indian affairs, from pre: scribing such charges or fees for furnishing certified copies of the records of any Indian agency or Indian school as he may deem proper; and the said Secretary is hereby authorized to charge a fee of twenty-five cents for each certified copy issued by him as to the official character of any officer of his department. (Aug. 24, 1912, c. 370, § 5, 37 Stat. 498.) § 680. Same; disposition of receipts—All sums received under the provisions of this Act shall be de- posited in the Treasury to the credit of miscellaneous receipts. (Aug. 24, 1912, c. 370, § 6, 87 Stat. 498.) Ch. 2) DEPARTMENT OF THE INTERIOR 3 689 * [Page 93] Chapter Two—The Secretary of the Sec. Interior 681. Duties. 682, Powers of Secretary. 683. Expenditures of Department. 684. Agents or attorneys representing claimants before De- partment. 685. Report of expenditure of Indian education fund. 686. Survey and allotment work on Indian reservations. 687. Report of expenditure for Indian school and agency. 688. Appropriations for experiments on Indian schools or agency farms. 689. Statement Of fiscal affairs of Indian tribes. 689a. Exchange of automobiles. § 681. Duties—The Secretary of the Interior is charged with the Supervision of public business relat- ing to the following subjects: º First. [Superseded.] Second. The public lands, including mines. Third. The Indians. Fourth. Pensions and bounty-lands. Fifth. Patents for inventions. Sixth. [Superseded.] Seventh. Education. w Eighth. GOvernment Hospital for the Insane. Ninth. Columbia. Asylum for the Deaf and Dumb. (R. S. § 441.) See § 857 and Title XLV. ^s. § 682. Powers of Secretary—The Secretary Of the Interior shall hereafter exercise all the powers and perform all the duties in relation to the Territories of the United States that were, prior to March first, eighteen hundred and seventy-three, by law or by Cus- tom exercised and performed by the Secretary of State. (R. S. § 442.) § 683. Expenditures of Department—The Sec- retary of the Interior shall sign all requisitions for the advance or payment of money, Out Of the Treasury, upon estimates or accounts for expenditures upon business assigned by law to his Department; Subject, however, to adjustment and control by the proper ac- counting officers of the Department of the Treasury. (R. S. § 444.) § 684. Agents or attorneys, representing claimants before Department—The Secretary Of the Interior may prescribe rules and regulations gov- erning the recognition of agents, attorneys, or other persons representing claimants before his department, and may require of such persons, agents, and attor- neys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render Such claimants valuable service, and otherwise competent to advise and assist Such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude from further practice before his department any such person, agent or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall. With intent to de- fraud in any manner, deceive, mislead, or threaten any claimant, or prospective claimant, by word, Cir- cular, letter, or by advertisement. (July 4, 1884, c. 181, § 5, 23 Stat. 101.) (R. S. $ 445. Superseded.) This section required the Secretary to make annual re- ports to Congress: First. Of all claims presented to him during the preced- ing year under laws or treaty stipulations for compensa- tion for depredations committed by Indians. Second. Of copies of public journals, books, and docu- ments received by him for distribution, and the distribu- tion thereof during the preceding year. The first requirement, of a report of Indian depredation claims, was superseded by the transfer of such claims to the Court of Claims by the Indian Depredations Act, Act March 3, 1891, c. 538, 26 Stat. 854, section 13 of which pro- vided that the investigation and examination of such claims, under acts previously in force, should cease on the taking effect of the act. The second requirement, of a report of the receipt and distribution of public documents, was superseded by the provisions of the Printing and Binding Act of Jan. , 12, 1895,. c. 23, §§ 61-64, post, §§ 7040-7043, section 64 of which, thorized. Indian reservations and allotments, and to advise the | post, $ 7043, repealed all laws providing for the delivery to the Department of the Interior of public documents for distribution, other than such as are for the use of that Department. The provisions of R. S. § 683, and of Act Feb. 12, 1889, c. 135, 25 Stat. 661, for the distribution by the Secretary of copies of the reports of the Supreme Court, were re- pealed by Jud. Code, § 297, post, § 1274; the distribution of said reports by the Attorney-General being provided for by Jud. Code, § 227, post, § 1203. An annual report by the Secretary of expenditure of the general Indian education fund for each preceding year was required by a provision of Act March 2, 1887, c. 320, § 1, post, § 685. - - Other provisions requiring reports of the expenditure of funds and appropriations for the benefit of Indians, and of the fiscal affairs of Indian tribes are made by Act May 18, 1916, c. 125, , § 27, ante, $ 398, post, § 4077a, Act April 4, 1910, c. 140, § 1, post, $ 686, Act March 3, 1911, c. 210, §§ 1, 27, post, §§ 687-689, 4124, and Act June 30, 1913, c. 4, §§ 1, 26, post, §§ 4125, 6789. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, were made by R. S. §§ 195, 196, and Act July 1, 1916, c. 209, § 3, ante, §§ 278, 279, 279a. - General provisions relating to the submission by the heads of Departments to Congress of estimates of expendi- tures and appropriations are contained in Title XLI, “Ap- propriations.” § 685. Report of expenditure of Indian educa- tion fund—For support of Indian day and indus- trial schools, and for other educational purposes not hereinafter provided for, * * The Secretary of the Interior shall report annually, on or before the first Monday of December of each year, in what manner and for what purposes the general education fund for the preceding fiscal year has been expended ; and said report shall embrace the number and kind of School-houses erected, and their Cost, as well as cost of repairs, names of every teacher employed, and COmpensation allowed, the location of each School, and the average attendance at each school. (March 2, 1887, c. 320, § 1, 24 Stat. 465.) - § 686. Survey and allotment work on Indian reservations—EIereafter the Secretary Of the Interior Shall transmit to Congress annually on the first Mon- day in December a cost account for the preceding fis- Cal year Of all Survey and allotment work on Indian reservations. (April 4, 1910, c. 140, § 1, 36 Stat. 270.) § 687. Report of expenditure for Indian school and agency—For Construction, lease, purchase, repairs, and improvements of school and agency build- ings, and for sewerage, water Supply, and lighting plants, and for purchase of school sites, * * Provided, That the Secretary of the Interior shall report annually to Congress the amount expended at each School and agency for the purposes herein all- (March 3, 1911, c. 210, § 1, 36 Stat. 1060.) § 688. Appropriations for experiments on In- dian schools or agency farms—To conduct experi- ments on Indian school or agency farms designed to test the possibilities of soil and climate in the cultiva- tion of trees, grains, Vegetables, and fruits, for the purposes of preserving living and growing timber on Indians as to the proper care of forests: * * Provided still further, That hereafter the Secretary of the Interior shall transmit to Congress annually on the first Monday in December a cost account for the preceding fiscal year relating to the use of appropria- tions made for the purposes herein provided for. (March 3, 1911, c. 210, § 1, 36 Stat. 1060.) § 689. Statement of fiscal affairs of Indian tribes—Annually, on the first Monday in December, the Secretary Of the Interior shall transmit to the Speaker Of the EHouse of Representatives a statement of the fiscal affairs of all Indian tribes for whose benefit expenditures from either public Or tribal funds shall have been made by any officer, clerk, or employee in the Interior Department during the preceding fiscal year; and such statement shall show (1) the total amount of all moneys, from whatever source derived, standing to the credit of each tribe of Indians, in trust or otherwise, at the close of such fiscal year; (2) an analysis of such credits, by funds, showing how 3 689a (Tit. 11 DEPARTMENT OF THE INTERIOR [Page 94] . and when they were created, whether by treaty stipu- lation, agreement, or otherwise; (3) the total amount of disbursements from public or trust funds made on a CCOunt of each tribe of Indians for such fiscal year; and (4) an analysis of Such disbursements showing the amounts disbursed (a) for per capita payments in money to Indians, (b) for salaries or compensation of officers and employees, (c) for compensation of coun- sel and attorney’s fees, and (d) for support and Civil- ization. (March 3, 1911, c. 210, § 27, 36 Stat. 1077.) § 689 a., Exchange of automobiles—The Secre- tary of the Interior may hereafter exchange automo- biles in part payment for new machines used for the Same purpose as those proposed to be exchanged. (March 2, 1917, c. 146, § 1, 39 Stat. 973.) Chapter Three—The General Land- Sec. - Office 690. Commissioner. 691. Assistant Commissioner. 692. Temporary Assistant Commissioner. 693. Recorder. 694. Temporary Recorder. 695. Secretary to sign land patents. 696. Assistant secretary to sign land patents. 697. Executive clerk to sign land patents. 698. Restriction on officers, clerks, and employés. 699. Duties of Commissioner. Hearings in land entries; fees. 700. Seal, books and records. 701. Original papers on file as evidence. 702. Plats of land surveyed. 703. Returns relative to lands. 704. Warrants for military lands. 705. Issue of patents. 706. Duties of Recorder. 707. Engrossing and recording patents. 708. Copies of papers filed. 709. Records; certified copies. 710. Same; exemplifications. 711. Fees for exemplifications of patents. 712. Sale of plats or maps. § 690. Commissioner—There shall be in the De- partment of the Interior a Commissioner of the Gen- eral Land-Office, who shall be appointed by the Pres- ident, by and with the advice and consent of the Sen: ate, and shall be entitled to a salary of [four thousand dollars] a year. (R. S. § 446.) * Salary of Commissioner now fixed at $5,000 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1103. § 691. Assistant Commissioner—General Land Office: * * One assistant commissioner, to be ap- pointed by the President, by and with the advice and consent of the Senate, who shall be authorized to sign such letters, papers, and documents, and to perform such other duties as may be directed by the Commis- sioner, and shall act as Commissioner in the absence of that officer, or in case of a vacancy in the office of Commissioner, three thousand five hundred dollars. (July 11, 1890, c. 667, § 1, 26 Stat. 257.) § 692. Temporary Assistant Commissioner- Hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to act temporarily as AS- . sistant Commissioner of that Office during the ab- sence of the Assistant Commissioner, or in Case of a vacancy in the office of such Assistant Commissioner, or when such Assistant Commissioner is acting as Commissioner, and all acts performed by any officer Or employee while acting under such designation shall have the same force and effect as if performed by Said Commissioner or Assistant Commissioner. (May 22, 1908, c. 186, § 1, 35 Stat. 225.) § 693. Recorder—There shall be in the General Land-Office an Officer Called the Recorder Of the Gen- eral Iland-Office, who shall be appointed by the Pres- ident, by and with the advice and consent of the Sen- ate, and shall be entitled to a salary Of two thousand dollars a year. (R. S. § 447.) - § 694. Temporary Recorder—Hereafter the Sec- retary of the Interior be, and he is hereby, authorized to designate an Officer Or employee of the General Iland Office to perform temporarily the duties of the Recorder of that office in the absence of that officer and in the case of a vacancy in the office of such Re- COrder, and the acts of any person so designated shall have all the force and effect of an act performed by the Recorder. (May 22, 1908, c. 186, § 1, 35 Stat. 225.) (R. S. §§ 448, 449. Repealed.) These sections provided for the offices, in the General Land-Qffice, of Principal Clerk of the Public Lands, Prin- cipal Clerk on Private Land Claims, and Principal Clerk - of the Surveys, and prescribed their salaries and duties. Both sections, with R. S. § 2452, were repealed by Act March 2, 1895, c. 177, § 3, 28 Stat. 807. § 695. Secretary to sign land patents—The President is authorized to appoint, from time to time, by and with the advice and consent of the Senate, a Secretary, at a salary of one thousand five hundred dollars a year, whose duty it shall be, under the direc- - tion Of the President, to sign in his name, and for him, all patents for land sold or granted under the author- ity of the United States. . (R. S. § 450.) § 696. Assistant secretary to sign land pat- ents—If at any time the number of patents for lands sold Or granted under the authority of the United States, is such that they cannot be signed within a reasonable time by the Secretary appointed under the preceding Section, the President may appoint an as- sistant Secretary to sign the same, but such assistant shall be employed by the express direction of the President, and Only for such time as may be neces- Sary to bring up the arrears of patents which may be ready for signature. (R. S. § 451.) -- § 697. Executive clerk to sign land patents- The duties prescribed by Section of the Revised Stat- utes numbered four hundred and fifty shall devolve upon and be discharged by one of the executive Clerks, to be designated by the President for that purpose. (June 19, 1878, c. 329, § 1, 20 Stat. 183.) § 698. Restriction on officers, clerks, and em- ployés—The Officers, clerks, and employés in the Gen- eral Land-Office are prohibited from directly or in- directly purchasing or becoming interested in the pur- chase of any of the public land; and any person Who violates this section shall forthwith be removed from his office. (R. S. § 452.) - § 699. Duties of Commissioner—The Commis- SiOner of the General Land-Office shall perform, un- der the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any- wise respecting such public lands, and, also, Such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government. (R. S. § 453, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.) e § 699a. Hearings in land entries; fees—Hear- ings in land entries: For hearings or Other proceed- ings held by Order of the Commissioner of the Gen- eral Land Office to determine the Chara Cter Of lands ; whether alleged fraudulent entries are of that char- acter or have been made in compliance with law; and of hearings in disbarment proceedings, $35,000: Provided, That where depositions are taken for use in Such hearings the fees Of the Officer taking them shall be 20 cents per folio for taking and certifying same and 10 cents per folio for each copy furnished to a party on request. (March 3, 1915, c. 75, § 1, 38 Stat. 855.) - § 700. Seal, books and records—The Commis- Sioner of the General Land-Office Shall retain the Charge of the seal heretofore adopted for the Office, which may continue to be used, and of the records, books, papers, and Other property appertaining to the Office. (R. S. § 454.) § 701. Original papers on file as evidence— Whenever the register of any United States land of- fice shall be served with a subpoena duces tecum Or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of pub- lic lands or the final proof of residence and cultiva- tion or any other original papers on file in the Gen- Ch. 4) 3 714 DEPARTMENT OF THE INTERIOR [Page 95] eral Land Office of the United States on which a pat- ent to land has been issued Or Which furnish the basis for Such patent, it shall be the duty Of Such register to at Once notify the Commissioner of the General Land Office of the service of such process, specifying the particular papers he is required to produce, and - upon receipt of such notice from any register of a United States land Office the Commissioner of the General Land Office shall at Once transmit to Such register the Original papers Specified in such notice, and which such register is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the Original papers upon Which patent was issued; and Such pal- pers so authenticated shall be received in evidence in all COurts of the United States and in the Several State Courts Of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to Secure the return Of Such docu- ments to the General Land Office, after use in eVi- dence, without cost to the United States. (April 19, 1904, c. 1398, 33 Stat. 186.) § 702. Plats of land surveyed—The Commission- er Of the General Land-Office Shall, when required by the President or either House of Congress, make a plat of any land Surveyed under the authority Of the United States, and give such information respecting the public lands and Concerning the business Of his office as shall be directed. (R. S. § 455.) § 703. Returns relative to lands—All returns relative to the public lands shall be made to the Com- missioner of the General Land-Office. (R. S. § 456, amended, July 31, 1894, c. 174, § 7, 28 Stat. 207.) § 704. Warrants for military lands—In all CaSeS in Which land has heretofore Or Shall hereafter be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such WarrantS Shall be recorded in the General Land-Office, in books to be kept for the purpose, and shall be lo- cated as is or may be provided by law; and patents shall afterwards be issued accordingly. (R. S. § 457.) § 705. Issue of patents—All patents issuing from the General Land-Office shall be issued in the name of the United States, and be signed by the Presi- dent, and countersigned by the Recorder of the Gen- eral Land-Office; and shall be recorded in the Office, in books to be kept for the purpose. (R. S. § 458.) § 706. Duties of Recorder—It shall be the duty Of the Recorder of the General Land-Office, in pur- Suance of instructions from the Commissioner, to Certify and affix the seal of the Office to all patents for public lands, and to attend to the correct engross- ing, recording, and transmission Of Such patents. He shall prepare alphabetical indexes of the names Of patentees, and of persons entitled to patents; and he shall prepare such copies and exemplifications of mat- ters on file or recorded in the General Land-Office as the Commissioner may from time to time direct. (R. S. § 459.) § 707. Engrossing and recording patents—The engrossing and recording of patents for public lands may be done by means of typewriters or other ma- Chines, under regulations to be made by the Secre- tary of the Interior and approved by the President. (March 2, 1895, c. 177, § 3, 28 Stat. 807.) § 708. Copies of papers filed—Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise af- fecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land-Office, for the person SO applying. (R. S. § 460.) - § 709. Records; certified copies—The Commis- Sioner of the General Land-Office shall cause to be prepared, and shall Certify, under the seal of the Of- fice, such copies of records, books, and papers on file in his office, as may be applied for, to be used in evi- dence in courts of justice. (R. S. § 2469.) § 710. Same; exemplifications—Literal exem- plifications of any records which have been or may be granted in Virtue of the preceding section shall be deemed of the same validity in all proceedings, wheth- er at law. Or in equity, wherein such exemplifications are adduced in evidence, as if the names of the Of- ficers signing and Countersigning the same had been fully inserted in such record. (R. S. § 2470.) § 711. Fees for exemplifications of patents—All exemplifications Of patents or papers on file or of rec- Ord in the General Land Office which may be requir- ed by parties interested shall be furnished by the Commissioner upon payment by such parties at the rate of fifteen cents per hundred words, and thirty Cents each for photolithographic copies of township plats Or diagrams unverified, not to exceed ten copies to any One perSOn, and tWenty-five CentS each for all Copies in excess of ten, with an additional sum of one dollar for the Commissioner’s certificate of verifica- tion, with the General Land Office seal; and the amount SO received Shall, under the direction of the Commissioner, be paid into the Treasury; but fees Shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner, in his discretion, may deem prop- er to furnish ; but said Commissioner may, if he deem it advisable, make such charge for unverified copies as Will, in his judgment, COver the cost of the prepara- tion thereof. (R. S. § 461, amended, April 2, 1888, G. 54, 25 Stat. 76, and May 29, 1908, c. 220, § 15, 35 Stat 469.) § 712. Sale of plats or maps—From and after the passage Of this act the Secretary of the Interior, through the Commissioner Of Public Lands, be, and he is hereby, authorized to sell the photolithographic township plats or maps of the States and Territories now remaining On hand in that Department to Citi- zens of the United States at the following prices: Authenticated COpies, fifty Cents per Copy; unauthen- ticated copies, twenty-five cents per copy; the pro- ceeds of said Sales to be COvered into the Treasury of the United States by the Secretary of the Interior. (Oct. 12, 1888, c. 1098, 25 Stat. 557.) Chapter Four—The Commissioner of Indian Affairs 713. Commissioner. 714. Assistant Commissioners. 715. Private Secretary. 716. Duties of COmmissioner. 717. Same; statutes regulating duties of Indian agents and inspectors. 718. Record of deeds and papers legalized. 719. Record of deeds by Indians requiring approval. 720. Seal; authentication and certification of documents. 721. Certified copies of records. 722. Accounts for claims and disbursements. 723. Regulations by President. 724. Employé to sign letters. 725. Employé or employés to sign approval. 726. Agent to negotiate commutation of annuities. § 713. Commissioner—There shall be in the De- partment of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be entitled to a salary of three thousand dollars a year. (R. S. § 462.) Salary of Commissioner increased by subsequent appro- priation acts to $5,000. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. § 714. Assistant Commissioners—Indian Office: Commissioner, $5,000; assistant commissioner, $3,- 500; second assistant commissioner, who shall also # 714 DEPARTMENT OF THE INTERIOR (Tit. 11 IPage 961 perform the duties of chief clerk, $2,750. (March 4, 1913, c. 142, § 1, 37 Stat. 773.) For appropriation for Commissioner and Assistant Com- gº; ($3,500). See Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. § 715. Private secretary—For salary of private secretary, now appropriated for as confidential Clerk in Office Of Commissioner of Indian Affairs at the rate Of One thousand eight hundred dollars per annum. (Feb. 27, 1906, c. 510, § 1, 34 Stat. 36.) § 716. Duties of Commissioner—The Commis- sioner of Indian Affairs shall, under the direction. Of the Secretary Of the Interior, and agreeably to Such regulations as the President may prescribe, have the management Of all Indian affairs, and Of all matters arising Out of Indian relations. (R. S. § 463.) § 717. Same; statutes regulating duties of Indian agents and inspectors—It shall be the duty of the Commissioner of Indian Affairs to cause to be Compiled and printed for the use Of Indian agents and inspectors the proVisions Of the statutes regulat- ing the performance of their respective duties, and also to furnish said officers from time to time infor- mation of new enactments upon the same Subject. (May 17, 1882, c. 163, § 7, 22 Stat. 88.) § 718. Record of deeds and papers legalized— The recording Of all deeds and papers heretofore made and done in the Office of the Commissioner. Of Indian Affairs be, and is hereby, confirmed, approved, and legalized; and Said record heretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in Conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed Or paper SO recorded, and Shall be no evidence Of Con- structive notice to any persons not actually knowing the contents. (July 26, 1892, c. 256, § 1, 27 Stat. 272.) § 719. Record of deeds by Indians requiring approval—The Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record . Of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, Whenever Such approval shall have been given, and the deed so approved returned to said office. (July 26, 1892, c. 256, § 2, 27 Stat. 272.) § 720. Seal; authentication and certification of documents—The Commissioner of Indian Affairs Shall CauSe a Seal to be made and provided for the said Office, With Such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or On the files of said office, authenticated by the Seal and certified by the Commissioner thereof, or by such Officer as may, for the time being, be acting as or for Such Commissioner, shall be evidence equally with the originals thereof. (July 26, 1892, c. 256, § 3, 27 Stat. 272.) § 721. Certified copies of records—The Commis- Sioner of Indian Affairs shall have the custody of said Seal, and shall furnish certified copies of any Such records, books, maps, or papers belonging to or On the files of Said office, to any person applying therefor Who shall comply with the requirements of Said Office, upon the payment by such parties at the rate of ten cents per hundred words, and one dollar for Copies of maps Or plats, and the additional sum Of twenty-five Cents for the Commissioner's certificate of Verification, With the seal of said office; and one of the employés of said office shall be designated by the Commissioner as the receiving clerk, who shall give bond in the Sum of one thousand dollars, and the amountS SO received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government or by any Indian who shall satisfy the Commissioner by satis- factory legal evidence that he or she is not able, by reason. Of poverty, to pay such fees, nor for Such un- Verified COpies as the COmmissioner in his discretion may deem proper to furnish. (July 26, 1892, c. 256, § 4, 27 Stat. 272.) - § 722. Accounts for claims and disbursements. —All accounts and VOuchers for Claims and disburse- ments Connected with Indian Affairs Shall be trans- mitted to the Commissioner for administrative eX- amination, and by him passed to the proper a CCOUnt- ing officer of the Department of the Treasury for Set- tiement. (R. S. § 464.) § 723. Regulations by President—The Presi- dent may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the Set- tlement of the accounts of Indian affairs. (R. S. § 465.) § 724. Employé to sign letters—Hereafter the Commissioner of Indian Affairs, with the approval Of the Secretary of the Interior, may designate an employee of the Indian Office to sign letters of that Office requiring the signature of the COmmissioner Or assistant commissioner, and all signatures of Such employee while acting under such designation shall have the same force and effect as if made by Said commissioner or assistant commissioner. (March 3, 1909, c. 263, 35 Stat. 783.) § 725. Employé or employés to sign approval —That the Secretary of the Interior be, and he is hereby, authorized to designate an employee or em- ployees of the Department of the Interior to sign, under the direction of the Secretary, in his name and for him, his approval of tribal deeds to allottees, to purchasers of town lots, to purchasers of unallot- ted lands, to persons, Corporations, or organizations for lands reserved to them under the law for their use and benefit, and to any tribal deeds made and executed according to law for any of the Five Civil- ized Tribes Of Indians in Oklahoma. (March 3, 1911, c. 210, § 17, 36 Stat. 1069.) § 726. Agent to negotiate commutation of annuities—The Commissioner of Indian Affairs is hereby authorized to send a special Indian agent, or other representative of his office, to visit any Indian tribe for the purpose of negotiating and entering into a Written agreement with such tribe for the commu- tation of the perpetual annuities due under treaty stipulations, to be subject to the approval Of Con- greSS; and the Commissioner of Indian Affairs shall transmit to Congress said agreements with Such rec- Ommendations as he may deem proper. (April 30, 1908, c. 153, 35 Stat. 73.) (R. S. § 466. Superseded.) This Section, provided for regulations by the Secretary of the Interior, of the presentation and proof of claims under laws or treaty stipulations for compensation for depredations committed by Indians, the investigation by him of claims presented, and payment of them. It was superseded by the transfer of such claims to the Court of Claims by the Indian Depredation Act, Act March 3, 1891, c. 538, 26 Stat. 854, section 13 of which provided that the investigation and examination of such claims, under acts previously in force, should cease on the taking effect of that act. (R. S. §§ 468, 469. Repealed.) These sections, which required the Commissioner to re- port annually to Congress the expenditures for the Indian service, prescribing the form and contents of such reports, were repealed, with R. S. § 2091, by Act June 25, 1910, c. 431, § 19, 36 Stat. 860. A provision, Subsequent to these sections, that, in the annual report of the Commissioner, there should be em- bodied “a detailed and tabular statement of all bids and proposals received for any services, supplies, or annuity goods for the Indian service, together with a detailed statement of all awards of contracts made for any such services, supplies, and annuity goods for which said bids or proposals were received,” made by Act Aug. 15, 1876, c. 289, § 3, 19 Stat. 199, was repealed, before the repeal of R. S. §§ 468, 469, mentioned above, by Act June 21, 1906, c. 3504, 34 Stat. 328, which act further provided that the Commissioner should “embody in his annual report only a detailed Statement of the awards of contracts made for Ch. 6) 3 734 DEPARTMENT OF THE INTERIOR IPage 97I any services, supplies, and annuity goods for the Indian service.” But this provision, also, may be regarded as repealed by necessary implication from the repeal, as mentioned above, of R. S. §§ 468, 469, and of Act March 3, 1875, c. 132, § 8, 18 Stat. 450, and other provisions requir- ing reports by the Commissioner, by Act June 25, 1910, C. 431, §§ 19, 20, 36 Stat. 860, 861. A further provision of the deficiency appropriation act of March 8, 1892, c. 12, 27 Stat. 5, required the commis- sioner to include in his annual report to Congress the names, with other particulars, of all employés under the Indian Bureau. And the Indian appropriation act of the same year, Act July 13, 1892, c. 164, § 9, 27 Stat. 145, pro- vided that the Commissioner should report annually to Congress the number, with other particulars, of employés at each agency, industrial, and boarding school, Supported out of the appropriations in the act; also number, with other particulars, of employés in his office in Washington. These provisions were repeated, in substance, in the Sub- sequent Indian appropriation acts down to that for the fiscal year 1897, and thereafter the provision for a report of employés at schools was repeated in the similar acts down to the act for the fiscal year 1904. But Act April 21, 1904, c. 1402, § 6, 33 Stat. 217, provided for a similar report of employés at schools, “to each Congress, at the first reg- ular session thereof,” instead of “annually,” as required in the preceding acts; and the provision was not repeated in subsequent acts. The repeal of the provision for a re- port of all employés under the Indian Bureau, of Act March 8, 1892, c. 12, mentioned above, was evidently in- tended, notwithstanding the discrepancy in referring to it, by date of March 2, in the repeal of “so much of the Acts of March second, eighteen hundred and ninety-two, and April twenty-first, nineteen hundred and four, which re- quire the Commissioner to report annually the names of all employés, in the Indian service,” by Act June 21, 1906, c. 3504, 34 Stat. 328. And the subsequent repeal of the sections in which the provisions of Act July 13, 1892, C. 164, § 9, mentioned above, for reports of employés at schools and of employés in the Indian Bureau Were re- enacted, Act March 2, 1895, c. 188, § 8, 28 Stat. 908, Act March 3, 1901, c. 832, § 8, 31 Stat. 1085, and Act, May 27, 1902, c. 888, § 6, 32 Stat. 274, by Act June 25, 1910, c. 431, § 20, 36 Stat. 861, involving the repeal of all similar pro- visions in other acts requiring such reports, in connection with the repeal by said section and section 20 of the same act of R. S. §§ 468, 469, and other provisions relating to reports by the Commissioner, may be regarded as operat- ing as a repeal of all provisions for such reports mention- ed in this paragraph. Chapter Five—The Commissioner of Sec Pensions 727. Commissioner. 728. Same; duties. 729. Deputy Commissioner. 730. Private Secretary to Commissioner. 731. Medical referee and examining Surgeons. 732. Person to sign bounty-land Warrants. 733. Report as to pensions. 734. Same. § 727. Commissioner—There shall be in the Department of the Interior a Commissioner of Pen- sions, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive a salary of [four thousand dollars] a year. (R. S. § 470.) - Salary of Commissioner fixed at $5,000. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. § 728. Same; duties—The Commissioner of Pen- sions shall perform, under the direction of the Sec- retary of the Interior, such duties in the execution of the various pension and bounty-land laws as may be prescribed by the President. (R. S. § 471.) § 729. Deputy Commissioner—There shall be in the Department of the Interior a Deputy Commis- Sioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be charged with such duties in the Pension Bureau as may be prescribed by the Secre- tary of the Interior, or may be required by law, and in case of death, resignation, absence, Or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner, until a successor is appointed or such absence or sickness ceases. The Deputy Com- missioner shall be entitled to receive an annual Sal- ary of twenty-five hundred dollars. (R. S. § 472.) Salary of Deputy Commissioner fixed at $3,600 by Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. § 730. Private Secretary to Commissioner— Pension Office: For private secretary to be selected COMP.S.T.’18—7 and appointed by the Commissioner of Pensions at the rate of two thousand dollars per annum. (March 3, 1905, c. 1484, § 1, 33 Stat. 1233.) § 731. Medical referee and examining sur- geons—The Secretary of the Interior is authorized to appoint a duly qualified Surgeon as medical referee who, under the control and direction of the Commis- Sioner of Pensions, shäll have charge of the examina- tion and revision of the reports of examining sur- geons, and Such other duties touching medical and Surgical questions in the Pension-Office, as the in- terests of the Service may demand; and his Salary shall be tWO thousand five hundred dollars per annum. And the Secretary of the Interior is further author- ized to appoint such qualified surgeons (not exceed- ing four) as the exigencies of the service may require, who may perform the duties of examining surgeons when so required, and who shall be borne upon the rolls as Clerks of the fourth Class; but such appoint- ments shall not increase the clerical force of said Bureau. (R. S. § 4776.) e Salary of medical referee $3,000, assistant medical ref- eree $2,250, and qualified surgeons $2,000 each. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. § 732. Person to sign bounty-land warrants —The Commissioner of Pensions is authorized, with the approval of the Secretary of the Interior, to ap- point a perSon to sign the name of the Commissioner to Certificates Or warrants for bounty-lands; and Cer- tificates or warrants so signed shall be as valid as if signed by the Commissioner. (R. S. § 473.) (R. S. § 474. Superseded.) This section authorized the Commissioner of Pensions to detail clerks in his office to investigate suspected attempts to defraud the United States in the administration of the pension laws, and to aid in prosecuting any person impli- cated. Provisions substantially the same were contained in R. S. § 4744, which was amended by Act July 25, 1882, º: 349, § 2, to read as set forth post, § 9073, and this sec- tion may be regarded as Superseded by said amended pro- VISIOI.S. § 733. Report as to pensions—In the annual report of Commissioner of Pensions; and hereafter he shall report the total annual amount paid for ad- ditions also reductions On the annual pension rolls. (Jan. 19, 1877, c. 27, § 1, 19 Stat. 223.) § 734. Śarme—Hereafter the Commissioner of Pensions shall, so far as may be practicable, in his annual reports state the amount paid for pensions during the fiscal year for which the report is made, in such manner as will indicate, separately, the num- ber of pensioners and the aggregate payments for pensions on account of each of the Wars for which pensions have been authorized, and on account of military and naval Services since the close Of the late war. (April 4, 1890, c. 63, 26 Stat. 40.) Chapter Six—The Patent-Office Sec. e * 735. Establishment. 736. Officers and employés. 737. Salaries. 738. Chief Clerk. Examiners. 739. Private Secretary to Commissioner. 739a. Financial clerk. 739b. Librarian. 739c. Chiefs of divisions. 740. Seal. 741. Bonds of Commissioner and chief clerk. 742. Restrictions on officers and employés. 743. Duties of Commissioner. 744. Duties of examiners-in-chief. 745. Regulations. 746. Models, arrangement and exhibition of. 747. Same; to be retained. 748. Same; disposals of models. 749. Library. 750. Patent-agents. 751. Printing of papers filed. 752. Printing copies of claims, laws, decisions. 753. Printing specifications and drawings. 754. Salme; additional copies. 755. Same; contract. 756. Same; price of copies. 757. Same; certified copies; fees. 3 785 (Tit. 11 DEPARTMENT OF THE INTERIOR Sec. 757a. Exchange of printed copies of patents with Canada. 758. Annual report of Commissioner. 759. Custody of collections of Exploring Expeditions. 760. Disbursements for Patent-Office. § 735. Establishment—There shall be in the De- partment of the Interior an office known as the Pat- ent-Office, where all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved. (R. S. § 475.) - § 736. Officers and employees—There shall be in the Patent Office a Commissioner of Patents, One first assistant commissioner, one assistant Commissioner, and five examiners in chief, who shall be appointed by the President, by and with the advice and consent of the Senate. The first assistant commissioner and the assistant commissioner shall perform such duties. pertaining to the office of commissioner as may be assigned to them, respectively, from time to time by the Commissioner of Patents. All other officers, clerks, and employees authorized by law for the Office shall be appointed by the Secretary of the Interior upon the nomination of the Commissioner of Pat- ents, in accordance with existing law. (R. S. § 476, amended, Feb. 15, 1916, c. 22, § 1, 39 Stat. 8.) . For present officers and employés, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1105. § 737. Salaries—The salaries of the officers men- tioned in the preceding section shall be as follows: The Commissioner of Patents, $5,000 a year. The first Assistant Commissioner of Patents, $4,500 a year. - - The Assistant Commissioner of Patents, $3,500 a. year. Five examiners in chief. $3,500 a year each. (R. S. § 477, amended, Feb. 15, 1916, c. 22, § 2, 39 Stat. 9.) For present salaries of , officers arid employés, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1105. § 738. Chief clerk—Patent Office: * * chief clerk, who shall be qualified to act as a principal eX- aminer, three thousand dollars. (March 4, 1909, C. 297, § 1, 35 Stat. 891.) See § 737 and note. § 738a. Examiners—Patent Office: * * five law examiners, at $2,750 each; examiner of classification, $3,600; five examiners in chief, at $3,500 each; ex- aminer of interferences, $2,700; examiners of trade- marks and designs—one $2,700, first assistant, $2,400, six assistants at $1,500 each. (May 10, 1916, c. 117, § 1, 39 Stat. 101.) - See § 737 and note. - § 739. Private Secretary to Commissioner-- Patent Office: * * private secretary, to be appointed and selected by the Commissioner of Patents, One thousand eight hundred dollars. (June 27, 1910, C. 297, § 1, 36 Stat. 514.) See § 737 and note. § 739a. Financial clerk—Patent Office: * * financial clerk, who shall give bond in such amount as the Secretary of the Interior may determine, $2,250. (May 10, 1916, c. 117, § 1, 39 Stat. 101.) See § 737 and note. § 739b. Librarian—Patent Office: * * librari- an, who shall be qualified to act as an assistant ex- aminer, $2,000. (May 10, 1916, c. 117, § 1, 39 Stat. 101.) - - See § 737 and note. § 739c. Chiefs of divisions—Patent Office: * * six chiefs of divisions, at $2,000 each; three assistant chiefs of divisions, at $1,800 each. (May 10, 1916, c. 117, § 1, 39 Stat. 101.) See § 737 and note. § 740. Seal—The seal heretofore provided for the Patent-Office shall be the seal of the Office, with which letters-patent and papers issued from the Office shall be authenticated. (R. S. § 478.) - § 741. Bonds of Commissioner and chief clerk —The Commissioner of Patents and the Chief Clerk, before entering upon their duties, shall severally give bond, with Sureties, to the Treasurer of the United * [Page 98] - States, the former in the sum of ten thousand dol- lars, and the latter in the sum of five thousand dol- lars, conditioned for the faithful discharge of their respective duties, and that they shall render to the proper Officers of the Treasury a true account of all º received by virtue of their offices. (R. S. § . 479. § 742. Restrictions on officers and employés— All Officers and employés of the Patent-Office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right * ºtes in any patent issued by the Office. (R. S. 480. § 743. Duties of Commissioner—The Commis- Sioner of Patents, under the direction of the Secre- tary Of the Interior, shall superintend or perform all duties respecting the granting and issuing of patents directed by law; and he shall have charge of all books, records, papers, models, machines, and other things belonging to the Patent-Office. (R. S. § 481.) § 744. Duties of examiners-in-chief—The ex- aminers-in-Chief shall be persons of competent legal knowledge and scientific ability, whose duty it shall be, On the written petition of the appellant, to revise and determine upon the validity of the adverse deci- Sions of examiners upon applications for patents, and for re-issues of patents, and in interference cases; and, when required by the Commissioner, they shall hear and report upon claims for extensions, and per- form such other like duties as he may assign them. (R. S. § 482.) - - § 745. Regulations—The Commissioner of Pat- ents, subject to the approval of the Secretary of the Interior, may from time to time establish regulations, not inconsistent with law, for the conduct of proceed- ings in the Patent-Office. (R. S. § 483.) § 746. Models; arrangement and exhibition of—The Commissioner of Patents shall cause to be Classified and arranged in suitable cases, in the rooms and galleries provided for that purpose, the models, Specimens of composition, fabrics, manufactures, Works Of art, and designs, which have been Or shall be deposited in the Patent-Office; and the rooms and galleries shall be kept open during suitable hours for public inspection. (R. S. § 484.) § 747. Same; to be retained—That all models Of the Patent Office be retained by the Interior De- partment until provision is made for their care by Congress. (March 4, 1909, c. 298, § 1, 35 Stat. 924.) § 748. Same; disposals of models—The Com- missioner of Patents may restore to the respective ap- plicants Such of the models belonging to rejected ap- plications as he shall not think necessary to be pre- Served, Or he may sell or otherwise dispose of them after the application has been finally rejected for One year, paying the proceeds into the Treasury, as other patent-moneys are directed to be paid. (R. S. § 485.) § 749. Library—There shall be purchased for the use of the Patent-Office a library of such scientific Works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose. (R. S. § 486.) § 750. Patent-agents—For gross misconduct the Commissioner of Patents may refuse to recognize any person as a patent-agent, either generally or in any particular case ; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior. (R. S. § 487.) § 751. Printing of papers filed—The Commis- sioner of Patents may require all papers filed in the Patent-Office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. (R. S. § 488.) . - § 752. Printing copies of claims, laws, deci- sions—The Commissioner Of Patents may print, Or cause to be printed, copies of the claims Of current issues, and copies of such laws, decisions, regulations Ch. 9) # 765 DEPARTMENT OF THE INTERIOR [Page 99] and circulars as may be necessary for the information of the public. (R. S. § 489.) § 753. Printing specifications and drawings- The Commissioner of Patents is authorized to have printed, from time to time, for gratuitous distribution, not to exceed one hundred and fifty copies of the complete specifications and drawings of each patent hereafter issued, together with Suitable indexes, One copy to be placed for free public inspection in each capitol of every State and Territory, One for the like purpose in the clerk’s Office of the district Court of each judicial district of the United States, except when such Offices are located in State or territorial capitols, and one in the Library of Congress, which copies shall be certified under the hand of the Com- missioner and Seal of the Patent-Office, and shall not be taken from the depositories for any other purpose than to be used as evidence. (R. S. § 490.) § 754. Same; additional copies—The Commis- sioner of Patents is authorized to have printed Such additional numbers of copies of specifications and drawings, certified as provided in the preceding sec- tion, at a price not to exceed the contract price for such drawings, for sale, as may be warranted by the actual demand for the same ; and he is also authoriz- ed to furnish a complete Set Of Such specifications and drawings to any public library which will pay for binding the same into volumes to correspond with those in the Patent-Office, and for the transportation of the same, and which shall also provide for proper Custody for the same, with convenient access for the public thereto, under such regulations as the Com- missioner shall deem reasonable. (R. S. § 491.) § 755. Same; Contract—The lithographing and engraving required by the two preceding sections shall be awarded to the lowest and best bidders for the interests of the government, due regard being paid to the execution of the work, after due advertising by the Congressional Printer under the direction of the Joint Committee on Printing; but the Joint Com- mittee on Printing may empower the Congressional Printer to make immediate contracts for engraving, whenever, in their opinion, the exigencies of the pub- lic service will not justify waiting for advertisement and award ; or if, in the judgment of the Joint Com- mittee on Printing, the work can be performed un- der the direction of the Commissioner of Patents more advantageously than in the manner above pre- scribed, it shall be so done, under such limitations and conditions as the Joint Committee on Printing may from time to time prescribe. (R. S. § 492.) § 756. Same; price of copies—The price to be paid for uncertified printed copies of specifications and drawings of patents shall be determined by the Commissioner of Patents: Provided, That the maxi- mum cost of a copy shall be ten cents. (R. S. § 493, amended, May 19, 1896, c. 204, 29 Stat. 124.) § 757. Same; certified copies; fees—For photo- lithographing or otherwise producing copies of draw- ings of the weekly issues of patents, for producing copies of designs, trade marks, and pending applica- tions, and for the reproduction of exhausted copies of drawings and specifications; “ And Certified copies of such drawings and specifications may be furnished by the Commissioner of Patents to persons applying therefor upon payment of the present rates for uncertified Copies, and twenty-five Cents addition- al for each certification. (March 3, 1891, c. 541, § 1, 26 Stat. 939.) º § 757a. Exchange of printed copies of pat- ents with Canada—That the Commissioner of Pat- ents of the United States be, and he is hereby, au- thorized to exchange with the Dominion of Canada, under Such terms Of Contract as may by him be deem- ed practicable, printed copies of patents now in the Lnited States Patent Office and hereafter issued by . the United States. 1221.) . § 758. Annual report of Commissioner—The Commissioner of Patents shall lay before Congress, (Jan. 14, 1915, No. 3, 38 Stat. in the month of January, annually, a report, giving a detailed statement of all moneys received for pat- ents, for copies of records or drawings, or from any Other Source whatever; a detailed Statement of all eXpenditures for contingent and miscellaneous ex- penses; a list of all patents which were granted dur- ing the preceding year, designating under proper heads the subjects of such patents: an alphabetical list of all the patentees, with their places of resi- dence; a list of all patents which have been extended during the year; and such other information of the COndition of the Patent-Office as may be useful to Congress or the public. (R. S. § 494.) § 759. Custody of collections of exploring ex- peditions—The collections of the Exploring Expedi- tion, now in the Patent-Office, shall be under the care and management Of the Commissioner of Patents. (R. S. § 495.) - § 760. Disbursements Patent-Office–All for disbursements for the Patent-Office shall be made by the disbursing clerk of the Interior Department. (R. S. § 496.) - * Chapter Seven—The Superintendent of Public Documents (R. S. §§ 497–511. Superseded.) The matter originally in this chapter was superseded by the Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 61- 64. See §§ 7039–7043, 7092. - Chapter Eight—The Returns Office Sec. 761. 762. 763. Establishment. Clerk to file returns. Indexes. 764. Copies of returns. § 761. Establishment—The Secretary of the In- terior shall from time to time provide a proper apart- ment, to be called the Returns Office, in which he shall cause to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. (R. S. § 512.) § 762. Clerk to file returns.—The clerk of the Returns Office shall file all returns made to the Office, so that the same may be of easy access, keeping all returns made by the same Officer in the same place, and numbering them in the Order in which they arê made. (R. S. § 513.) § 763. Indexes—The clerk of the Returns Office shall provide and keep an index-book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to in- spect it. (R. S. § 514.) § 764. Copies of returns—The clerk of the Re- turns Office shall, furnish Copies of such returns to any person paying therefor at the rate of five cents for every One hundred words, to which copies cer- tificates shall be appended in every Case by the Clerk making the same, attesting their Correctness, and that each copy so certified is a full and complete copy of the return. (R. S. § 515.) Chapter Nine—The Office of Education Established. - - Commissioner of Education. Duties of Commissioner; bulletin. Report of Commissioner. Offices for use of. § 765. Established—There shall be in the De- partment of the Interior a Bureau called the office of Education, the purpose and duties of which shall be to collect statistics and facts showing the Condition and progress of education in the several States and Territories, and to diffuse such information respecting the Organization and management of schools and school-systems, and methods of teaching, as shall aid º $ .* cº * * 766 (Tit. 11 DEPARTMENT OF THE INTERIOR IPage 100I the people of the United States in the establishment and maintenance of efficient school-systems, and oth- erWise promote the cause of education throughout the country. (R. S. § 516.) § 766. Commissioner of Education—The man- agement of the Office of Education shall, subject to the direction of the Secretary of the Interior, be in- trusted to a Commissioner Of Education, who shall be appointed by the President, by and with the ad- vice and consent of the Senate, and shall be entitled to a salary Of three thousand dollars a year. (R. S. § 517.) Salary of Commissioner now $5,000. See Act March 3, 1917, c. 163, § 1, 39 Stat. 1105. § 767. Duties of Commissioner; bulletin—The Commissioner of Education is hereby authorized to prepare and publish a bulletin of the Bureau of Edu- cation as to the condition of higher education, tech- nical and industrial education, facts as to Compul- sory attendance in the Schools, and such other educa- tional topics in the several States of the Union and in foreign countries as may be deemed of Value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thou- Sand five hundred copies of each issue of said bulletin for distribution by the Bureau of Education, the ex- pense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of the Interior. (May 28, 1896, c. 252, § 1, 29 Stat. 171.) § 768. Report of Commissioner—The Commis- Sioner of Education shall present annually to Con- gress a report embodying the results of his investiga- tions and labors together with a statement Of Such facts and recommendations as will, in his judgment, Subserve the purpose for which the office is establish- ed. (R. S. § 518.) - - § 769. Offices for use of—The Chief of Engi- neers shall furnish proper Offices for the use Of the {}ffice of Education. (R. S. § 519.) Chapter Nine A–The Geological Survey 770. Director; members of survey. 771. Acting Director. 772. Detail of Ordnance OfficerS. 773. Scientific employéS. 774. Assignments of pay by. 775. Purchase of books. 776. Irrigation surveys; 777. Topographic surveys; 778. Reports of operations. 779. Distribution of maps and atlases. 780. Same. - 781. Sale of transfers or copies of data. 782. Sale of copies of photographs or lantern slides. § 770. report. marking elevations. Director; members of survey—For the salary of the Director of the Geological Survey, which office is hereby established, under the Interior De- partment, who shall be appointed by the President by and with the advice and consent of the Senate, Six thousand dollars: Provided, That this officer shall have the direction of the Geological Survey, and the classification of the public lands and examination of the Geological Structure, mineral resources and prod- ucts of the national domain ; and that the Director and members of the Geological Survey shall have no personal or private interests in the lands or min- eral wealth of the region under survey, and shall ex- ecute no surveys or examinations for private parties or corporations. (March 3, 1879, c. 182, § 1, 20 Stat. 394.) § 771. Aeting Director—The Secretary of the Interior may hereafter authorize One of the geologists to act as Director of the Geological Survey in the ab- sence of that officer. (July 31, 1894, c. 174, § 1, 28 Stat. 197.) - § 772. Detail of ordinance officers—The Secre- tary of War is hereby authorized to detail not ex- ceeding two officers of the Ordnance Corps to serve with the Geological Survey: Provided, That in his {} judgment it can be done without injury to the service, (June 16, 1880, c. 235, 21 Stat. 274.) § 773. Scientific employés—The scientific em- ployees of the Geological Survey shall be selected by the Director, subject to the approval of the Secretary Of the Interior exclusively for their qualifications as pºssional experts. (July 7, 1884, c. 332, 23 Stat. § 774. Assignments of pay by—The Secretary of the Interior is hereby authorized to permit scientific and Other employees of the United States Geological Survey, employed in the field, to make assignments of their pay, under such regulations as he may prescribe, during Such time as they may be in the employ of the United States Geological Survey. And the Secretary of the Interior is further authorized, in his discretion, under such regulations as he may prescribe, to reim- burse the Scientific and other employees for expenses incurred by them in the discharge of their duties in the field and paid from their personal funds. (June 30, 1906, c. 3914, § 1, 34 Stat. 727.) § 775. Purchase of books—The purchase of pro- fessional and scientific books and periodicals needed for statistical purposes hereafter by the scientific di- Visions of the United States Geological Survey is here- by authorized to be made and paid for Out of appro- priations made for the said Survey. (June 28, 1902, c. 1301, § 1, 32 Stat. 455.) - § 776. Irrigation surveys; report—Irrigation Survey: For the purpose of investigating the extent to which the arid region of the United States can be redeemed by irrigation and the segregation of irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works neces- sary for the storage and utilization of water for irri- gation and for ascertaining the cost thereof, and the prevention of floods and overflows, and to make the necessary maps, including the pay of employees in field and in office, the cost of all instruments, appara- tus, and materials, and all Other necessary expenses Connected there with, the work to be performed by the Geological Survey under the direction of the Secretary of the Interior, . * * and the Director of the Geo- logical Survey, under the supervision of the Secretary Of the Interior, shall make a report to Congress On the first Monday in December of each year, showing in detail how the said money has been expended, the amount used for actual Survey and engineer work in the field in locating sites for reservoirs, and an item- ized account of the expenditures under this and any fu- ture appropriation. (March 2, 1889, C. 411, § 1, 25 Stat. 960.) • - § 777. Topographic surveys; marking eleva- tions—United States Geological Survey. * For topographic surveys in various portions of the United States, * * Provided, That hereafter in such sur- Veys West of the ninety-fifth meridian elevations above a base level located in each area under Survey shall be determined and marked on the ground by iron Or Stone posts Or permanent bench marks, at least two Such posts Or bench marks to be established in each township or equivalent area, except in the forest- clad and mountain areas, where at least one shall be established, and these shall be placed, whenever prac- ticable, near the township Corners of the public-land surveys; and in the areas east of the ninety-fifth meridian at least One Such post Or bench mark shall be similarly established in each area equivalent to the area of a township of the public land surveys. (June 11, 1896, c. 420, § 1, 29 Stat. 435.) § 778. Reports of operations—The publications Of the Geclogical Survey shall Consist Of the annual report of Operations, geological and economic maps il- lustrating the resources and classification of the lands, . and reports upon general and economic geology and paleontology. The annual report of Operations Of the Geological Survey shall accompany the annual report Of the Secretary Of the Interior. All Special memorrs and reports of said survey shall be issued in uniform Ch. 9B) 3 786 DEPARTMENT OF THE INTERIOR [Page 101] quarto series if deemed necessary by the Director, but Otherwise in Ordinary Octavos. Three thousand Copies of each shall be published for scientific exchanges and for sale at the price of publication ; and all literary and Cartographic materials, received in exchange shall be the property of the United States and form a part Of the library of the organization: and the money re- Sulting from the sale of such publications shall be Covered into the Treasury of the United States, under the direction of the Secretary of the Interior. (March 3, 1879, c. 182, § 1, 20 Stat. 394.) See Title XLV, ‘‘Public Printing, Advertisements, and Public Documents.” § 779. Distribution of maps and atlases—That the Director of the Geological Survey be, and is here- by, authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and atlases of the United States, made and published by the Geological Survey, at Such prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and that a number of copies of each map or atlas, not exceeding five hundred, shall be dis- tributed gratuitously among foreign governments and Departments of our own Government, to literary and scientific associations, and to such educational insti- tutions or libraries as may be designated by the Di- rector of the Survey and approved by the Secretary of the Interior. (Feb. 18, 1897, No. 13, § 1, 29 Stat. 701.) - § 780. Same-That One copy of each map and at- las shall be sent to each Senator and each Represent- ative and Delegate in Congress, if published Within his term ; and that a second copy shall be placed at the disposal of each such Senator, Representative, and T)elegate. (Feb. 18, 1897, No. 13, § 2, 29 Stat. 701.) § 781. Sale of transfers or copies of data—The Director of the Geological Survey shall, if the regular map work of the Survey is in no wise interfered with thereby, hereafter furnish to any person, concern, insti- tution, State or foreign government, that shall pay in advance the Whole COst thereof with ten per Centum added, transfers or copies of any Cartographic or Other engraved or lithographic data in the division of en- graving and printing Of the Survey, and the moneys received by the Director for such transfers Or Copies shall be deposited in the Treasury. (June 30, 1906, c. 3914, § 1, 34 Stat. 727.) § 782. Sale of copies of photographs or lan- tern slides—The Director Of the Geological Survey shall hereafter furnish to any person, Concern, Or in- stitution, in the interest of education and the dissemi- nation of knowledge, that shall pay in advance the whole COSt. Of material and Services thereof, COpies Of any photographs or lantern slides in the possession of the United States Geological Survey ; and the moneys received by the director for the same shall be depos- ited in the United States Treasury. (March 4, 1909, c. 299, § 1, 35 Stat. 989.) Chapter Nine B–The Bureau of Mines Sec. 783. Establishment; Director; experts and other employés. 783a. Details of employés for service in Washington. - 783b. Absence of Director. 784. Duties of Bureau. 785. Reports of investigations. 786. Personal interest of Director and members of Bureau in Iſlin.6S. 787. Fees for tests or investigations. 787a. Additional mining experiment stations and mine safety stations. 787 b. Same; acceptance of lands from States. 787c. Headquarters of mine rescue cars. § 783. Establishment; Director; experts and other employés—There is hereby established in the Department of the Interior a bureau of mining, metal- lurgy, and mineral technology, to be designated the Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the du- ties of said office by technical education and experi- ence and who shall be appointed by the President, by Act. and with the advice and consent of the Senate, and Who shall receive a salary of six thousand dollars per annum. ; and there shall also be in the Said bureau Such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to Carry Out the purposes Of this Act in accordance with the appropriations made from time to time by Con- gress for such purposes. (Feb. 25, 1913, c. 72, § 1, 37 Stat. 681.) - § 783a. Details of employés for service in Washington—Persons employed during the fiscal year nineteen hundred and eighteen in field work, Outside Of the District of Columbia, under the Bureau of Mines, may be detailed temporarily for Service in Washington, District of Columbia, for purposes of preparing results of their field work; all persons so detailed shall be paid in addition to their regular com- pensation only their actual traveling expenses or per diem in lieu Of Subsistence in going to and returning therefrom: Provided, That nothing herein shall pre- Vent the payment to employees Of the Bureau Of Mines their necessary expenses Or per diem, in lieu of Sub- Sistence while on temporary detail in Washington, Dis- trict of Columbia, for purposes only of consultation Or investigations on behalf of the United States. All details made hereunder, and the purposes of each, dur- ing the preceding fiscal year, shall be reported in the annual estimates Of appropriations to Congress at the beginning of each regular session thereof. (June 12, 1917, c. 27, § 1, 40 Stat. 147.) § 783b. Absence of Director—Hereafter in the absence of the Director of the Bureau of Mines the assistant director Of Said bureau shall perform the duties of the director during the latter’s absence, and in the absence of the Director and of the Assistant Di- rector Of the Bureau Of Mines the Secretary Of the In- terior may designate some Officer of said bureau to perform the duties Of the director during his absence. (July 1, 1916, c. 209, § 1, 39 Stat. 303.) - § 784. Duties of Bureau–It shall be the proV- ince and duty of the Bureau of Mines, subject to the approval of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations Concerning mining, and the preparation, treatment, and utilization of mineral substances with a view to improving health conditions, and increasing Safety, ef- ficiency, economic development, and conserving re- sources through the prevention of waste in the mining, Quarrying, metallurgical, and Other mineral indus- tries; to inquire into the economic conditions affecting these industries; to investigate explosives and peat ; and on behalf of the Government to investigate the mineral fuels and unfinished mineral products belonging to, or for the use of, the United States, with a view to their most efficient mining, preparation, treatment and use ; and to disseminate information COncerning these subjects in such manner as will best carry out the pur- poses of this Act. (Feb. 25, 1913, c. 72, § 2, 37 Stat. 681.) - § 785. Reports of investigations—The director Of said bureau shall prepare and publish, Subject to the direction of the Secretary of the Interior, under the appropriations made from time to time by Con- gress, reports of inquiries and investigations, with appropriate recommendations Of the bureau, concern- ing the nature, causes, and prevention of accidents, and the improvement Of conditions, methods, and equip- ment, with special reference to health, safety, and prevention of waste in the mining, quarrying, metal- lurgical, and Other mineral industries; the use of explosives and electricity, safety methods and appli- ances, and rescue and first-aid work in Said indus- tries; the causes and prevention of mine fires; and Other subjects included under the provisions of this (Feb. 25, 1913, c. 72, § 3, 37 Stat. 681.) § 786. Fersonal interest of Director and mem- bers of Bureau in mines—In conducting inquiries and investigations authorized by this Act neither the director nor any member of the Bureau of Mines shall # 787 | DEPARTMENT OF THE INTERIOR (Tit. 11 [Page 102I have any personal or private interest in any mine or the products of any mine under investigation, Or shall accept employment from any private party for Servic- es in the examination of any mine or private mineral property, or issue any report as to the valuation Or the management of any mine or other private mineral prop- erty: Provided, That nothing herein shall be con- strued as preventing the temporary employment by the Bureau of Mines, at a compensation not to exceed ten dollars per day, in a consulting capacity or in the in- . vestigation of special subjects, of any engineer Or. Other expert whose principal professional practice is outside of such employment by said bureau. (Feb. 25, 1913, c. 72, § 4, 37 Stat. 682.) § 787. Fees for tests or investigations—For tests or investigations authorized by the Secretary of the Interior under the provisions of this Act, other than those performed for the Government of the United States or State governments within the United States, a reasonable fee covering the necessary expens- es shall be charged, according to a schedule prepared by the Director of the Bureau of Mines and approved by the Secretary of the Interior, who shall prescribe rules and regulations under which Such tests and in- vestigations may be made. All moneys received from such sources shall be paid into the Treasury to the Credit of miscellaneous receipts. (Feb. 25, 1913, C. 72, § 5, 37 Stat. 682.) § 787a. Additional mining experiment sta- tions and mine safety stations—The Secretary of the Interior is hereby authorized and directed to es- tablish and maintain in the several important mining regions of the United States and the Territory of Alaska, as Congress may appropriate for the necessary employees and other expenses, under the Bureau of Mines and in accordance with the provisions Of the Act establishing said bureau, ten mining eXperiment stations and seven mine safety stations, movable Or stationary, in addition to those already established, the province and duty of which shall be to make inves- tigations and disseminate information with a view to improving conditions in the mining, quarrying, metal- lurgical, and other mineral industries, safeguarding life among employees, preventing unnecessary waste of re- sources, and otherwise contributing to the advance- ment of these industries: Provided, That not more than three mining experiment stations and mine safe- ty stations hereinabove authorized shall be established in any One fiscal year under the appropriations made therefor. (March 3, 1915, c. 95, § 1, 38 Stat. 959.) § 787 b. Same; acceptance of lands from States —The Secretary of the Interior is hereby authorized to accept lands, buildings, or other contributions from the several States offering to cooperate in carrying out the purposes of this Act. (March 3, 1915, c. 95, § 2, 38 Stat. 959.) § 787 c. Headquarters of mine rescue cars— For purchase or lease of necessary land, where and under such conditions as the Secretary Of the Interior may direct, for the headquarters of mine rescue cars and construction of necessary railway sidings and housing for the same, Or as the site of an experimental mine and a plant for studying explosives, . * *: Provided, That the Secretary of the Interior is au- thorized to accept any suitable land or lands, build- ings, or improvements, that may be donated for said purpose and to enter into leases for periods not ex- ceeding ten years, subject to annual appropriations by Congress. (June 12, 1917, c. 27, § 1, 40 Stat. 147.) Chapter Nine C–The National Park Sec. Service 787d. Service created; director; assistant director; chief clerk; draftsman; other employees. 787e. National parks, reservations, and monuments; super- vision. - 737f. Same; rules and regulation; timber leases. 787 g. Rights of way through public lands. § 787d. Service created; director; assistant di- rector; chief clerk; draftsman; other employees —There is hereby created in the Department of the In- terior a Service to be called the National Park Service, Which shall be under the charge of a director, who shall be appointed by the Secretary and who shall receive a Salary of $4.500 per annum. There shall also be appointed by the Secretary the following assistants and Other employees at the salaries designated: One assistant director, at $2,500 per annum ; One chief Clerk, at $2,000 per annum ; one draftsman, at $1,800 per annum ; one messenger, at $600 per annum ; and, in addition thereto, such other employees as the Secre- tary Of the Interior shall deem necessary: Provided, That not more than $8,100 annually shall be expended for Salaries of experts, assistants, and employees with- in the District of Columbia not herein specifically enumerated unless previously authorized by law. The Service thus established shall promote and regulate the use Of the Federal areas known as national parks, monuments, and reservations hereinafter specified by Such means and measures as conform to the funda- Imental purpose of the said parks, monuments, and res- ervations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (Aug. 25, 1916, c. 408, § 1, 39 Stat. 535.) Current appropriations for National Park Service, see Act June 12, 1917, c. 27, § 1, 40 Stat. 151. § 787e. National parks, reservations and monuments; supervision—The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which are now under the jurisdiction of the Department of the Interior, and of the Hot Springs Reservation in the State of Arkansas, and of such other national parks and reservations of like character as may be hereafter Created by Congress: Provided, That in the Supervi- sion, management, and control Of national monu- ments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park, Service to such extent as may be requested by the Secretary of the Interior. (Aug. 25, 1916, c. 408, § 2, 39 Stat. 535.) - § 787f. Same; rules and regulation; timber; Ieases—The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management Of the parks, monuments, and reservations under the ju- risdiction of the National Park Service, and any ViO- lations of any of the rules and regulations authorized by this Act shall be punished as provided for in sec- tion fifty of the Act entitled “An Act to codify and amend the penal laws of the United States,” approved March fourth, nineteen hundred and nine, as amended by section six of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth United States Statutes at Large, page eight hundred and fifty-seven). He may also, upon terms and conditions to be fixed by him, sell or dispose of timber in those cases where in his judgment the cutting of such timber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery or the natural or his- toric objects in any such park, monument, Or reserva- tion. Eſe may also provide in his discretion for the destruction of such animals and of Such plant life as may be detrimental to the use of any of Said parks, monuments, or reservations. He may also grant privi- leges, leases, and permits for the use of land for the accommodation of visitors in the various parks, mOnu- ments, or other reservations herein provided for, but for periods not exceeding twenty years; and no na- tural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone On Such terms Ch. A) 3 792 DEPARTMENT OF AGRICULTURE [Page 103} as to interfere with free access to them by the public: Provided however, That the Secretary of the Interior may, under such rules and regulations and on Such terms as he may prescribe, grant the privilege to graZe live stock Within any national park, monument, Or reservation herein referred to When in his judgment Such use is not detrimental to the primary purpose for which such park, monument, or reservation was creat- ed, except that this provision shall not apply to the 3, 39 Stat. 535.) 536.) Yellowstone National Park. (Aug. 25, 1916, c. 408, § § 787 g. Rights of way through public lands— Nothing in this Act. Contained shall affect or modify the provisions of the Act approved February fifteenth, nineteen, hundred and One, entitled “An Act relating to rights of way through Certain parks, reservations, and other public lands.” (Aug. 25, 1916, c. 408, § 4, 39 Stat. TITLE XII—THE DEPARTMENT OF AGRICULTURE Chap. Sec. A. The Department and the Secretary of Agriculture 788 B. The Weather Bureau .. e e g º e º e º e º 'º e º 'º e º & © tº º e º ºs º a tº O Chap. * - Sec. C. The Bureau of Animal Industry. . . . . . . . . . . . . . . . . 850 Chapter A—The Department and the Sec. Secretary of Agriculture 788. Establishment of Department. 789. Executive Department; Secretary. 790. Assistant Secretary. Additional Assistant Secretaries. 791. Salaries. 792. Laws applicable continued. 793. Clerks and employés. 794. Same, 795. Bureaus; Plant Industry. Soils; Forestry; Chemistry; Same; Crop Estimates. Same; markets. 796. Disbursing clerk; deputy. 797. Additional compensation to officers or employés. 798. Promotions of laborers without examination. 799. Appointments, promotions, and changes in Salaries. 800. Maximum salary of scientific investigators. 801. Salaries; how paid. 802. Rate of compensation of officers and employés. 803. Details; employés from office of Secretary. 804. Same; law clerks. 805. Same; from and to library and bureaus and offices. 806. Same; from and to Division of Accounts and Disburse- ments and bureaus and offices. . & employés outside Washington. 807. Leaves of absence; in Alaska, Hawaii, Porto Rico, and Same; employés Gºllarn. 808. Assignment of pay. 809. Traveling expenses. - on transfer between stations. 810. Same; s 811. Same; per diem in lieu of subsistence, etc. 812. Same; reimbursement for street-car fares. 813. Purchases for bureaus from appropriations for contin- gent expenses. 814. Exchange of typewriters and computing machines. 814a. Exchange of scientific apparatus and laboratory equip- ment. 814b. Purchase of vehicles and motor boats. 814bb. Exchange of motor vehicles. 814c. Exchange of books. 3.14d. Sale or exchange of animals or animal products. 815. Bonds. 816. Seal. * 317. Custody of property and records. 818. Duties of Secretary. 819. Same; duties of former Commissioner. 820. Seeds, plants; purchase and distribution. 820a. Same; contracts for printed packets. 821. Game and wild birds; preservation. 822. Importation of eggs of game birds for propagation. 823. Laws affecting national forest lands. 824. Solicitor to supervise legal work. 825. Monthly crop reports. Same; time for printing and distribution. 826. Reports of acres of cotton in Cultivation. 827. Reports of total cotton production. Mexican pink bollworm. 828. Farmers’ bulletins; allotment. 829. Sale of copies of card index of publications. 830. Same. Same. - tº 331. Sale of photographic prints. 832. Sale of prints and lantern slides. 832a. Sale of samples of pure Sugars. 832b. Sale of potash. 832c, Loan, rental or sale of films. 833. Sale of waste paper. 834. Watchmen. e 335. Reports; annual and Special. 336. Same; expenditures in general. * §7. Same; additional statement of expenditures. Same; amount paid for quarters. 838. Same; suppression of contagious diseases among domes- tic animals. Same; estimates for executive officers. Same; completed investigations. Sec. 839. Same; payments for enforcing Pure Food and Drugs Act * 839a. s: expenditures for agrigultural experiment sta- IOIlS. § 788. Establishment of Department—There shall be at the seat of Government a Department. Of Agriculture, the general design and duties Of Which shall be to acquire and to diffuse among the people Of the United States useful information. On SubjectS COn- nected with agriculture, in the most general and Com- prehensive sense of that word, and to procure, propa- gate, and distribute among the people new and Valua- ble seeds and plants. (R. S. § 520.) * (R. S. § 521. Superseded.) This section provided that the Department should be un- der the charge of a Commissioner of Agriculture. It was superseded by the provisions for the appointment of a Secretary of Agriculture and an Assistant. Secretary, of Act Feb. 9, 1889, c. 122, post, §§ 789-792. § 789. Executive Department; Secretary—The Department of Agriculture, shall be an Executive De- partment, under the Supervision, and Control of a Sec- retary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate ; and section one hundred and fifty-eight Of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments there- to, are hereby made applicable to Said Department. (Feb. 9, 1889, c. 122, § 1, 25 Stat. 659.) - See § 232. 3. § 790. Assistant Secretary—There shall be in said Department an Assistant Secretary of Agricul- ture, to be appointed by the President, by and with the advice and consent of the Senate, who shall per- form such duties as may be required by law or pre- scribed by the Secretary. (Feb. 9, 1889, c. 122, § 2, 25 Stat. 659.) § 790a. Additional Assistant Secretaries—The President, by and with the advice and consent of the Senate, may appoint tWO additional Assistant Secre- taries of Agriculture, who shall perform such duties as may be required by law or prescribed by the Secre- tary of Agriculture, and who shall each be paid a salary of $5,000 per annum. (Aug. 10, 1917, c. 52, § 5, 40 Stat. 274.) § 791. Salaries—The Secretary of Agriculture shall receive the same salary as is paid to the Secre- tary of each of the Executive Departments, and the salary of the Assistant Secretary Of Agriculture Shall be the same as that now paid to the First Assistant. Secretary of the Department of the Interior. (Feb. 9, 1889, c. 122, § 3, 25 Stat. 659.) Present salaries, see Act March 4, 1917, c. 179, § 1, 39 Stat. 1134. § 792. Laws applicable continued—All laws and parts of laws relating to the Department of Agricul- ture now in existence, as far as the same are applica- ble and not in conflict with this act, and Only SO far, are continued in full force and effect. (Feb. 9, 1889, c. 122, § 4, 25 Stat. 659.) * 3 793 (Tit. 12 DEPARTMENT OF AGRICULTURE § 793. Clerks and employés—There shall be in the Department of Agriculture : - One chief clerk, at a salary of two thousand dollars a year. - zºr One Chemist, at a salary of two thousand dollars a year. •. One assistant chemist, at a salary of one thousand Six hundred dollars a year. One entomologist, at a salary of two thousand dol- lars a year. One microscopist, at a salary of One thousand eight hundred dollars a year. One botanist, at a salary of one thousand eight hun- dred dollars a year. - One statistician, at a salary of two thousand dol- lars a year. - * One superintendent of experimental gardens and grOunds, at a salary of two thousand dollars a year. One assistant superintendent of experimental gar- dens and grounds, at a salary of one thousand two hundred dollars a year. One disbursing clerk, at a salary of one thousand eight hundred dollars a year. - One Superintendent of the seed-room, at a salary of One thousand eight hundred dollars a year. One assistant Superintendent of the seed-room, at a Salary Of One thousand two hundred dollars a year. One librarian, at a salary of one thousand eight hundred dollars a year. One engineer, at a salary of one thousand four hun- dred dollars a year. - One superintendent of the folding-room, at a salary Of One thousand two hundred dollars a year. TWO attendants in the museum, at a salary of one thousand dollars a year each. One Carpenter, at a salary of nine hundred and six- ty dollars a year. (R. S. § 522.) For enumeration of present number of clerks and em- ployés, with their compensation, see Act March 4, 1917, c. 179, § 1, 39 Stat. 1134. § 794. Same--The Commissioner of Agriculture Shall appoint a chief clerk, with a salary of [two thousand dollars] a year, who in all cases during the necessary absence of the Commissioner, or when the Office of Commissioner shall become vacant, shall per- form the duties of Commissioner, and he shall ap- point such other employés as Congress may from time to time provide, with salaries corresponding to . the Salaries of similar Officers in other Departments of the Government; and he shall, as Congress may from time to time proVide, employ other persons, for such time as their services may be needed, including chem- ists, botanists, entomologists, and other persons skill- ed in the natural sciences pertaining to agriculture. (R. S. § 523.) - -- See § 793 and note. § 795. Bureaus; Soils; Forestry; Chemistry; Plant Industry—All existing statutes relating to the Division of Soils, reorganized into the Bureau of Soils; the Division of Forestry, reorganized into the Bureau Of Forestry; the Division of Chemistry, re- organized into the Bureau of Chemistry; and the Division of Botany, the Division of Pomology, the Division of Vegetable Physiology and Pathology, the Division of AgrOstology and Experimental Gardens and Grounds, reorganized into the Bureau. Of Plant Industry, not otherwise repealed, shall remain in ef- fect as applying to the respective bureaus into which the divisions named have been reorganized. (June 3, 1902, c. 985, 32 Stat. 303.) § 795a. Same; Crop Estimates—Hereafter the powers conferred and the duties imposed by law on the Bureau of Statistics of the Department Of Agri- culture shall be exercised and performed by the Bu- reau of Crop Estimates. (June 30, 1914, C. 131, 38 Stat. 436.) § 795aa. - formance of the duties required of the Department of Agriculture by the provisions of this Act relating * IPage 104] Same; Markets—Hereafter, in the per- to the Bureau of Markets, the Secretary of Agricul- ture shall have power to administer oaths, examine witnesses, and call for the production of books and papers. (March 4, 1917, c. 179, 39 Stat. 1163.) § 796. Disbursing clerk; deputy—Salaries, Di- Vision of Accounts and Disbursements: One chief of division and disbursing clerk, who shall be adminis- trative officer of the fiscal affairs of the department, * * : * * one deputy disbursing clerk, * *. . The deputy disbursing clerk herein provided for Shall hereafter have authority to sign checks in the name of the disbursing clerk; he shall give bond to the United States in such sum, as the Secretary of the Treasury may require, and when so acting for the disbursing clerk shall be subject to all the lia- bilities and penalties prescribed by law for the offi- Cial misconduct in like cases of the disbursing clerk for whom he acts, and the official bond of the dis- bursing clerk executed shall also be made to cover and apply to the acts of the deputy disbursing clerk. (March 4, 1911, c. 238, 36 Stat. 1258.) § 797. Additional compensation to officers or employés—No part of the money herein or hereafter appropriated for the Department of Agriculture shall be paid to any person, as additional salary or com- pensation, receiving at the same time other compen- Sation as an Officer or employee of the Government. (March 3, 1885, c. 338, § 2, 23 Stat. 356.) § 798. Promotions of laborers without exam- ination—All classified laborers whose positions were transferred from the lump funds to the statutory rolls by the Act making appropriations for the Department of Agriculture approved March third, nineteen hun- dred and five, and who were by the last clause of that Act placed in the classified service without fur- ther examination in the grades and at the rates of compensation provided in said Act, are hereby made eligible for promotion without further examination. (June 30, 1906, c. 3913, 34 Stat. 695.) - § 799. Appointments, promotions, and chang- es in salaries—Hereafter the Secretary of Agricul- ture is hereby authorized to make such appointments, promotions, and changes in Salaries, to be paid Out of the lump funds of the several bureaus, divisions, and offices of the Department as may be for the best in- terests of the service. (March 4, 1907, c. 2907, 34 Stat. 1280.) § 800. Maximum salary of scientific investi- gators—Hereafter the maximum salary of any scien- tific investigator, or other employee engaged in scien- tific work and paid from the general appropriations Of the Department of Agriculture, shall not exceed at the rate of $4,500 per annum. (June 30, 1914, c. 131, 38 Stat. 441.) $ 801. Salaries; how paid—The Secretary of Agriculture is hereby authorized and directed to pay the salary of each employee from the roll of the bu- reau, independent division, or office in which the em- ployee is working, and no other. (March 4, 1907, C. 2907, 34 Stat. 1280.) § 802. Rate of compensation of officers and employés—Hereafter every Officer or employee of the Department of Agriculture whose rate of compensa- tion is specified herein shall receive Compensation at the rate so specified. (March 4, 1913, c. 145, 37 Stat. 854.) . § 803. Details; employés from office of See- retary—Details may be made from the office of the Secretary when necessary and the services of the per- Son whom it is proposed to detail are not required in that office. (March 4, 1907, c. 2907, 34 Stat. 1280.) § 804. Same; law clerks—Hereafter the law clerks may be detailed by the Secretary of Agriculture for service in or out of Washington. (March 4, 1911, c. 238, 36 Stat. 1236.) % § 805. Same; from and to library and bureaus and offices—Hereafter employees of the Library may be temporarily detailed by the Secretary of Agri- culture for library service in the bureauS and Offices Ch.A) & 814c DEPARTMENT OF AGRICULTURE [Page 105] of the department, and employees of the bureaus and Offices of the department engaged in library Work may also be temporarily detailed to the Library. (March. 4, 1911, c. 238, 36 Stat. 1261.) § 806. Same; from and to Division of Ac- counts and Disbursements and bureaus and of- fices—Hereafter employees Of the Division of AC- Counts and Disbursements may be detailed by the Secretary Of Agriculture for a CCOUnting and disburs- ing work in any of the bureaus and offices of the de- partment for duty in or out of the city of Washing- ton, and employees Of the bureaus and Offices Of the department may also be detailed to the Division Of Accounts and Disbursements for duty in or Out of the city Of Washington, traveling expenses Of employees so detailed to be paid from the appropriation. Of the bureau Or Office in Connection with Which Such travel is performed. (Aug. 10, 1912, c. 284, 37 Stat. 294.) § 807. Leaves of absence; employés outside Washington—Leave of absence: The employees Of the Department of Agriculture, Outside Of the City Of Washington, may hereafter, in the discretion. Of the Secretary of Agriculture, be granted leave of ab- sence not to exceed fifteen days in any One year, which leave may in exceptional and meritorious cases where such an employee is ill, be extended, in the discretion of the Secretary of Agriculture, not to exceed fifteen days additional in any one year. (May 23, 1908, c. 192, 35 Stat. 267.) • § 807a. Same; employés in Alaska, Hawaii, Porto Rico, and Guam-Hereafter employees Of the . Department of Agriculture assigned to permanent duty in Alaska, Hawaii, Porto Rico, and Guam may, in the discretion of the Secretary of Agriculture, with- out additional expense to the GOVernment, be granted leave of absence not to exceed thirty days in any One year, which leave may, in exceptional and meritorious cases where an employee is ill, be extended, in the discretion of the Secretary Of Agriculture, not to exceed thirty days additional in any one year. (June 30, 1914, c. 131, 38 Stat. 441.) - § 808. Assignment of pay—Hereafter the Sec retary of Agriculture is authorized to permit em- ployees of the Department of Agriculture to make assignments of their pay, under such regulations as he may prescribe, during Such time as they may be in the employ of the said department. (March 4, 1909, c. 301, 35 Stat. 1057.) § 809. Traveling expenses—Hereafter the Sec- retary of Agriculture is authorized to purchase from appropriations made for traveling expenses for em- ployees of the Department of Agriculture, mileage and mileage books, at commercial rates, in the manner in which such mileage or mileage books are usually purchased. (March 4, 1907, c. 2907, 34 Stat. 1281.) $ 810. Same; on transfer between stations— Hereafter Officers and employees of the Department of Agriculture transferred from one official station to another for permanent duty, when authorized by the Secretary of Agriculture, may be allowed actual traveling expenses, including charges for the transfer of their effects and personal property used in official work, under Such rules and regulations as may be prescribed by the Secretary of Agriculture. (March 4, 1911, c. 238, 36 Stat. 1265.) $ 811. Same; per diem in lieu of subsistence, etc.—Hereafter, When Officials and employees Of the Department Of Agriculture are traveling On Official business in the United States, they may be allowed necessary railroad and Steamboat fares, sleeping berth, and Stateroom. On Steamboats, livery hire and stage fare, and other means of Conveyance between points not accessible by railroad, but in lieu of sub- sistence and all other traveling expenses they may receive a per diem allowance, to be fixed by the Sec- retary in each case, in addition to their regular Sal- aries, subject to such rules and regulations as the Secretary of Agriculture may prescribe. (Aug. 10, 1912, c. 284, 37 Stat. 300.) - - § 812. Same; reimbursement for street-car fares—Hereafter officials and employees of the De- partment of Agriculture may, When authorized by the Secretary of Agriculture, receive reimbursement for moneys expended for street-car fares at their Official headquarters When expended in the transaction Of Official business. (Aug. 10, 1912, c. 284, 37 Stat. 300.) § 813. Purchases for bureaus from appropria- tions for contingent expenses—Hereafter the Sec- retary of Agriculture may purchase Stationery, Sup- plies, furniture, and miscellaneous materials from this appropriation and transfer the same at actual COSt to the various bureaus, divisions, and Offices Of the Department of Agriculture in the city Of Washington, reimbursement therefor to be made to this appro- priation by said bureaus, divisions, and Offices from their lump-fund appropriations by transfer Settle- ments through the Treasury Department. (Aug. 10, 1912, c. 284, 37 Stat. 296.) § 814. Exchange of typewriters and comput- ing machines—The Secretary of Agriculture may hereafter exchange typewriters and computing, ad- dressing, and duplicating machines purchased from any lump-fund appropriation of the Department of Agriculture. (Aug. 10, 1912, c. 284, 37 Stat. 296.) § 814.a. Exchange of scientific apparatus and laboratory equipment—The Secretary Of Agricul- ture may hereafter exchange general scientific appa- ratus and laboratory equipment purchased from any appropriation of the Department of Agriculture. (June 30, 1914, C. 131, 38 Stat. 441.) $ 81.4b. Purchase of vehicles and motor boats —Not to exceed $60,000 of the lump-sum appropria- tions herein made for the Department of Agriculture shall be available for the purchase, maintenance, re- pair, and Operation of motor-propelled and horse- -drawn passenger-Carrying vehicles and motor boats necessary in the COnduct Of the field work Of the De- partment of Agriculture outside the District of Colum- bia: Provided, That not to exceed $10,000 of this amount shall be expended for the purchase of such Vehicles and boats, and that Such vehicles and boats shall be used Only for Official Service Outside the Dis- trict of Columbia, but this shall not prevent the con- tinued use for official service of motor trucks in the District of Columbia: Provided further, That the Secretary of Agriculture shall, on the first day of each regular session of Congress, make a report to Congress showing the amount expended under the pro- visions of this paragraph during the preceding fiscal year: Provided, That hereafter, nothing in this para- graph Or in Section five Of the legislative, execu- tive, and judicial appropriation Act, approved July sixteenth, nineteen hundred and fourteen (Thirty- eighth Statutes at Large, page five hundred and eight), shall be Construed to apply to the hire of motor-propelled and horse-drawn passenger-Carrying vehicles and motor boats necessary in the Conduct Of the field work of the department, or to the mainte- nance, repair, Or Operation. Of Vehicles SO hired. (Aug. 11, 1916, c. 313, 39 Stat. 491.) - Repeated in subsequent appropriation acts. § 814 bh. Exchange of motor vehicles—Here- . after the Secretary of Agriculture may exchange motor-propelled and horse-drawn passenger-Carrying vehicles in part payment for new motor-propelled or horse-drawn passenger-carrying vehicles authorized to be purchased by him, to be used for the same pur- poses as those proposed to be exchanged, and Shall, On the first day of each regular Session of Congress, make a report to Congress for the fiscal year last closed showing, as to each exchange hereunder, the make Of the vehicle, the period of its use, the allow- ance therefor, and the vehicle, make thereof, and price, including exchange value, paid, or to be paid, for each vehicle proCull’ed through Such exchange. (March 4, 1917, c. 179, 39 Stat. 1167.) § 814c. Exchange of books—Hereafter the Sec- retary of Agriculture may exchange books and period- & 814d (Tit. 12 DEPARTMENT OF AGRICULTURE [Page 106] iCals Of the library not needed for permanent use for Other books and periodicals. (March 4, 1915, c. 144, 38 Stat. 1107.) $ 8.14d. Sale or exchange of animals or ani- Imal products—Hereafter the Secretary of Agricul- ture is authorized to sell in the open market or to eXchange for Other live stock such animals or animal products as cease to be needed in the work of the de- partment, and all moneys received from the sale of Such animals Or animal products or as a bonus in the exchange of the same shall be deposited in the Treasury of the United States as miscellaneous re- Ceipts. (March 4, 1915, c. 144, 38 Stat. 1114.) $ 815. Bonds—The Commissioner, and the chief clerk, before entering upon their duties, shall sever- ally give bonds to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the Sum of five thousand dollars, Con- ditioned to render a true and faithful account to the Treasurer quarter-yearly Of all moneys which shall be by them received by virtue of their office, with sure- £ies to be approved by the Solicitor of the Treasury. Such bonds shall be filed in the Office Of the First Comptroller of the Treasury, to be by him put in suit upon any breach. Of the COnditions thereof. 524.) § 816. Seal—The Secretary of Agriculture is hereby authorized and directed to procure a proper seal, with such suitable inscriptions and devices as he may approve, to be known as the Official Seal of the Department of Agriculture, and to be kept and used to verify Official documents, under such rules and regulations as he may prescribe. (Aug. 8, 1894, c. 238, § 1, 28 Stat. 272.) - § 817. Custody of property and records—"The Commissioner of Agriculture shall have charge, in the building and premises appropriated to the Depart- ment, of the library, furniture, fixtures, records, and Other property appertaining to it, or hereafter a C- quired for use in its business. (R. S. § 525.) § 818. Duties of Secretary—The Commissioner of Agriculture shall procure and preserve all infor- mation concerning agriculture which he can Obtain by means of books and correspondence, and by prac- tical and scientific experiments, accurate records of which experiments shall be kept in his Office, by the Collection of statistics, and by any Other appropri- ate means within his power; he shall collect new and valuable seeds and plants; shall test, by Cultivation, the value of such of them as may require such tests; shall propagate such as may be WOrthy Of propaga- tion ; and shall distribute them among agriculturists. (R. S. § 526.) - § 819. Same; duties of former Commissioner —The authority granted to the Commissioner of Ag- riculture by the act of May twenty-nine, eighteen hun- dred and eighty-four, establishing the Bureau of Animal Industry, and by the provisions Of the ap- propriation act for the Agricultural Department, ap- proved July eighteenth, eighteen hundred and eighty- eight, relating to said Bureau, is hereby vested in the Secretary of Agriculture; and the said Secretary is hereby authorized and directed to perform all the duties named in said acts and all other acts of Con- gress in force on February eighth, eighteen hundred and eighty-nine, to be performed by the Commission- er of Agriculture. (July 14, 1890, c. 707, 26 Stat. 288.) $ 820. Seeds and plants; purchase and dis- tribution—Purchase and distribution of vegetable, field, and flower seeds, plants, shrubs, wines, bulbs and cuttings shall be of the freshest and best obtainable varieties and adapted to general Cultivation. (R. S. § 527, amended, April 25, 1896, c. 140, § 1, 29 Stat. 106. - 'cure appropriation for seeds, etc., see Act March 4, 1917, c. 179, § 1, 39 Stat. 1143. $ 820 a. Same; contracts for printed packets —The Secretary of Agriculture, after due advertise- ment and on competitive bids, is authorized to award (R. S. § the Contract for the supplying of printed packets and envelopes and the packeting, assembling, and mailing of the Seeds, bulbs, shrubs, vines, cuttings, and plants, Or any part thereof, for a period of not more than five years nor less than one year, if by such action he Can best protect the interests of the United States. (March 4, 1917, c. 179, 39 Stat. 1144.) See § 820 and note. $ 821. Game and wild birds; preservation— The duties and powers of the Department of Agri- Culture are hereby enlarged so as to include the pres- ervation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such lmeasures as may be necessary to carry out the pur- poses Of this Act and to purchase such game birds and Other Wild birds as may be required therefor, Subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts Of the United States adapted thereto where the Same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. - The Secretary of Agriculture shall from time to time Collect and publish useful information as to the propagation, uses, and preservation of such birds. And the Secretary of Agriculture shall make and publish all needful rules and regulations for carry- ing Out the purposes of this Act, and shall expend for Said purposes Such sums as Congress may appropriate therefor. (May 25, 1900, c. 553, § 1, 31 Stat. 187.) $ 822. Importation of eggs of game birds for propagation—From and after the passage of this Act the Secretary of Agriculture shall have the pow- er to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the im- portation of eggs of said birds for such purposes. (June 3, 1902, c. 983, 32 Stat. 285.) $ 823. Laws affecting national forest lands— The Secretary of the Department of Agriculture shall, from and after the passage of this Act, execute or cause to be executed all laws affecting publie lands heretofore or hereafter reserved under the provisions Of Section twenty-four of the Act entitled “An Act to repeal the timber-culture laws, and for other pur- poses,” approved March third, eighteen hundred and ninety-One, and Acts supplemental to and amendatory thereof, after such lands have been so reserved, ex- Cepting such laws as affect the Surveying, prospect- ing, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any of Such lands. (Feb. 1, 1905, c. 288, § 1, 33 Stat. 628.) $ 824. Solicitor to supervise legal work—Here- after the legal work of the Department of Agriculture shall be performed under the Supervision and direc- tion of the solicitor. (May 26, 1910, c. 256, 36 Stat. 416.) § 825. Monthly crop reports—EIereafter the monthly crop reports, which shall be gathered as far as practicable from practical farmers, and which shall be issued on or before the tenth of each month, shall embrace statements of the conditions of crops by States, in the United States, with such explana- tions, comparisons, and information as may be useful for illustrating the above matter, and that it shall be submitted to and officially approved by the Secre- tary of Agriculture before being issued or published : Provided further, . That hereafter the condition re- ports of the cotton crop shall be issued on the same day in October each year as the first ginners' report of actual cotton ginned. (March 4, 1909, c. 301, 35 Stat. 1053.) $ 825a. Same; time for printing and distri- Thution—Hereafter the Monthly Crop Report shall be printed and distributed on or before the twelfth Ch. A) 3 834 DEPARTMENT OF AGRICULTURE day of each month. (March 4, 1917, c. 179, 39 Stat. 1157.) § 826. Reports of acres of cotton in cultiva- tion—That the Secretary Of Agriculture be directed to cause the Bureau of Statistics Of the Department Of Agriculture to issue a report, On Or about the first Monday in July of each year, showing by States and in total the number Of acres Of Cotton then in Cultiva- tion in the United States. (May 27, 1912, c. 135, § 1, 37 Stat. 118.) $ 827. Reports of total cotton production— The Secretary of Agriculture shall cause the Bureau of Statistics of the Department of Agriculture to is- Sue each year, immediately following the publication of the ginning report of the Census Bureau of De- cember first, an estimate of the total production of COtton in the United States for the Current Crop year. (May 27, 1912, c. 135, § 2, 37 Stat. 118.) $ 827a. Mexican pink bollworm—On account of the menace to cotton Culture in the United States aris- ing from the existence of the pink bollworm in Mex- ico, the Secretary of Agriculture, in order to prevent the establishment and spread of Such worm in Texas and other parts of the United States, is authorized to make Surveys to determine its actual distribution in Mexico; to establish, in COOperation With the States Concerned, a ZOne Or Zones free from COtton Culture On Or near the border of any State Or States adjacent to Mexico ; and to COOperate with the Mexi- Can Government Or local Mexican authorities in the extermination of local infestations near the border Of the United States. * * (Oct. 6, 1917, c. 79, § 1, 40 Stat. 374.) $ 828. Farmers’ bulletins; allotment—Publica- tions, Department of Agriculture: General expenses, Division of Publications: * * for the preparation, printing, and distribution of farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion Of four-fifths Of Which Shall be delivered to Or Sent Out under the addressed franks furnished by Sena- tors, Representatives, and Delegates in Congress, as Such Senators, Representatives, or Delegates shall di- rect : Provided, That the Secretary of Agriculture shall notify Senators, Representatives, and Delegates in Congress Of the title and Character Of each Such bulletin, with the total number to which each Sena- tor, Representative, and Delegate may be entitled for Such distribution ; and on the face Of the envelope inclosing said bulletins shall be printed the title of each bulletin contained therein : Provided further, That all such bulletins included in the quotas of Sen- ators, Representatives, Or Delegates not called for On Or before the thirty-first day of May in each fiscal year shall revert to the Secretary of Agriculture, and be available to him, either for miscellaneous distribu- tion, or in making up Congressional quotas for the next fiscal year. (June 30, 1906, c. 3913, 34 Stat. 690.) Repeated substantially in subsequent appropriation acts. § 829. Sale of copies of eard index of publica- tions—Hereafter the Secretary of Agriculture may furnish to Such institutions Or individuals as may Care to buy them, Copies of the Card index of the pub- lications of the Department and of other agricultural 1iterature prepared by the library, and charge for the same a price COvering the additional expense in- volved in the preparation of these copies. (May 23, 1908, c. 192, 35 Stat. 264.) § 830. Same—The Secretary of Agriculture here- after may furnish to such institutions or individuals as may care to buy them copies of the card index of agricultural literature prepared by the Office of Ex- periment Stations, and charge for the same a price covering the additional expense involved in the prep- aration of these Copies, the money received from Such sales to be deposited in the Treasury of the United States as miscellaneous receipts. (May 23, 1908, c. 192, 35 Stat. 265.) IPage 107] $ 830a. Same-The Secretary of Agriculture here- after may furnish to such institutions or individuals as may care to buy them copies of the card index Of agricultural literature prepared by the Department Of Agriculture in connection with its administration of the Act of March second, eighteen hundred and eigh- ty-seven (Twenty-fourth Statutes at Large, page four hundred and forty), and the Act of March sixteenth, nineteen hundred and six (Thirty-fourth Statutes at Large, page Sixty-three), and the Acts amendatory of and Supplementary thereto, and charge for the same a price COvering the additional expenses involved in the preparation of these Copies, the money received from such sales to be deposited in the Treasury of the United States as miscellaneous receipts. (March 4, 1915, c. 144, 38 Stat. 1109.) - $ 831. Sale of photographic prints—General Expenses, Forest Service: To enable the Secretary Of Agriculture to experiment and to make and con- tinue investigations on forestry, * * and hereafter he may dispose of photographic prints (including bi'Omide enlargements), lantern slides, transparencies, blueprints, and forest maps at cost and ten per cen- tum additional, and condemned property or materials under his charge in the same manner as provided by law for other bureaus. (March 4, 1907, c. 2907, 34 Stat. 1269.) $ 832. Sale of prints and lantern slides—Here- after the Secretary of Agriculture is hereby author- ized to furnish, upon application, prints and lantern Slides from negatives in the possession of the Depart- ment and to charge for the same a price to cover the COSt. Of preparation, such price to be determined and established by the Secretary of Agriculture, and the money received from such sales to be deposited in the Treasury of the United States. (March 4, 1907, c. 2907, 34 Stat. 1281.) $ 832a. Sale of samples of pure sugars—Here- after the Secretary of Agriculture may furnish, upon application, Samples of pure sugars, naval stores, mi- CrOSCOpical Specimens, and other products to State and municipal officers, educational institutions, and Other parties and charge for the same a price to cover the Cost thereof, such price to be determined and es- tablished by the Secretary, and the money received from Sales to be deposited in the Treasury of the United States as miscellaneous receipts. (March 4, 1915, c. 144, 38 Stat. 1101.) $ 832b. Sale of potash—For the investigation and demonstration within the United States to de- termine the best method of obtaining potash on a COlmmercial scale, "including the establishment and equipment of such plant or plants as may be necessary therefor, * *: Provided, That the product obtained from Such experimentation may be sold at the market price Of Such product, and the amount obtained from the Sale thereof shall be covered into the Treasury as ºilaneous receipts. (Aug. 11, 1916, c. 313, 39 Stat. $ 832c. Loan, rental or sale of films—The Sec- retary Of Agriculture is authorized, under such rules and regulations and subject to such conditions as he may prescribe, to loan, rent, or sell copies of films: Provided, That in the sale or rental of films educa- tional institutions or associations for agricultural education not organized for profit shall have prefer- ence; all moneys received from such rentals or sales to be covered into the Treasury of the United States as miscellaneous receipts. (March 4, 1917, c. 179, 39 Stat. 1157.) $ 833. Sale of waste paper—Hereafter the Sec- retary Of Agriculture is authorized to sell as waste paper, Or Otherwise to dispose of the accumulation of Department files which do not constitute permanent reCOrds, and all other documents and publications Which have become obsolete or worthless. (March 4, 1907, c. 2907, 34 Stat. 1281.) § 834. Watchmen—Hereafter all duly and law- fully constituted and appointed Watchmen of the De- & 835 (Tit. 12 DEPARTMENT OF AGRICULTURE. [Page 108I partment of Agriculture stationed in and upon the buildings and premises of said department in the City of Washington, District of Columbia, shall have and perform the same powers and duties, While On duty in and about said premises, as the Metropolitan police of the District of Columbia. (March 4, 1909, c. 301, 35 Stat. 1057) - $ 835. Reports; annual and special—The Com- missioner of Agriculture shall annually make a gen- eral report in writing of his acts to the President and to Congress, in which he may recommend the publication of papers forming parts of or accompany- ing his report, which shall also contain an account Of all moneys received and expended by him. He shall also make Special reports on particular subjects When- ever required to do so by the President Or either EIOuse of Congress, or when he shall think the Sub- ject in his charge requires it. (R. S. § 528.) § 836. Same; expenditures in general—The Commissioner of Agriculture shall, on or before the fifteenth day of December in each year, make a re- port in detail to Congress of all moneys expended by him or under his direction. (R. S. § 529.) - $ 837. Same; additional statement of expen- ditures—Hereafter in addition to the proper Vouchers and accounts for the sums appropriated for the De- partment of Agriculture to be furnished to the ac- counting officers of the Treasury, the Secretary of Agriculture shall, at the commencement of each regu- lar session, present to Congress a detailed Statement Of the expenditure of all appropriations for said de- partment for the last preceding fiscal year. (March 3, 1885, c. 338, § 2, 23 Stat. 356, amended, Aug. 11, 1916, c. 313, 39 Stat. 492.) § 837 a. Same; amount paid for quarters— Rent of Buildings, Department of Agriculture: For rent Of buildings and parts of buildings in the Dis- trict of Columbia, for use of the various bureaus, divi- SiOns, and Offices Of the Department Of Agriculture, * *: Provided, That the Secretary of Agriculture shall submit annually to Congress in his estimates of appropriations a statement showing what proportion Of this appropriation is paid for the qāarters Occupied by the various branches of the department. (Aug. 11, 1916, c. 313, 39 Stat. 469.) § 838. Same; suppression of contagious dis- eases among domestic animals—The Commissioner of Agriculture shall report annually to Congress, at the commencement of each Session, a list Of the names Of all persons employed, an itemized statement Of all expenditures under this act, and full particulars of the means adopted and Carried into effect for the Sup- pression of contagious, infectious, or communicable diseases among domestic animals. (May 29, 1884, C. 60, § 11, 23 Stat. 33.) $ 838a. Same; estimates for executive of— ficers—The Secretary of Agriculture for the fiscal year nineteen hundred and eighteen, and annually thereafter, shall transmit to the Secretary of the Treasury for submission to Congress in the Book Of Estimates detailed estimates for all executive Officers, Clerks and employees below the grade Of Clerk, indi- Cating the Salary Or COmpensation of each, necessary to be employed by the Various bureaus, Offices, and divisions of the Department of Agriculture, and shall include with Such estimates a statement Of all execu- tive officers, clerks, and employees below the grade of clerk who may have been employed during the last completed fiscal year On any lump fund appropria- tion for the department and the Salary Or Compensa- tion of each. (Aug. 11, 1916, c. 313, 39 Stat. 492.) § 838b. Same; completed investigations—The Secretary of Agriculture is directed hereafter to Sub- mit to Congress annually a statement showing inves- tigations and other Services conducted by the De- partment of Agriculture which have been completed and which can be discontinued. (Aug. 11, 1916, c. 313, 39 Stat. 492.) Stat. 653.) $ 839. Same; payments for enforcing Pure Food and Drugs Act—For all expenses necessary to carry into effect the provisions of the Act of June thirtieth, nineteen hundred and six, entitled “An Act for preventing the manufacture, sale, Or transporta- tion of adulterated, or misbranded, Or poisonous, Or deleterious foods, drugs, medicines, and liquors, and for other purposes,” including rent and the employ- ment of labor in the city of Washington and else- where; employing such assistants, clerks, and Other persons as the Secretary of Agriculture may con- sider necessary for the purposes named . * *: Pro- vided, That hereafter any sum used for compensation of or payment of expenses to any officer or other per- son employed by any State, county, or municipal gov- ernment, shall be, reported to Congress in detail, On the first Monday of December of each year. (May 23, 1908, c. 192, 35 Stat. 261.) $ 839a. Same; expenditures for agricultural experiment stations—The Secretary of Agriculture shall prescribe the form of the annual financial state- ment required under the above Acts, ascertain wheth- er the expenditures are in a CCOrdance with their pro- visions, coordinate the work of the Department of Agriculture with that of the State agricultural col- leges and experiment stations in the lines authorized in said Acts, and make report thereon to Congress. (March 4, 1917, c. 179, 39 Stat. 1159.) Chapter B—The Weather Bureau 840. Establishment. 841. Chief; duties. - - - 842. Same; appointment and compensation; employés provid- ed for annually. - 843. Promotions. 844. Changes or assignment to duty. 845. Traveling expenses. Printing office. .* 846. Appropriations and estimates. 847. Weather siglials on mail cars. 848. Sale of maps or publications. 849. Destruction of old telegrams. $ 840. Establishment—The civilian duties now performed by the Signal Corps of the Army shall hereafter devolve upon a bureau to be known as the Weather Bureau, which, on and after July first, eighteen hundred and ninety-one, shall be established in and attached to the Department of Agriculture, and the Signal Corps of the Army shall remain a part of the Military Establishment under the direction of the Secretary of War, and all estimates for its Sup- port shall be included with other estimates for the support of the Military Establishment. (Oct. 1, 1890, c. 1266, § 1, 26 Stat. 653.) § 841. Chief; duties—The Chief of the Weather Bureau, under the direction of the Secretary Of Agri- culture, on and after July first, eighteen hundred and ninety-one, shall have charge of the forecasting Of weather, the issue of storm warnings, the display of weather and flood signals for the benefit of agricul- ture, commerce, and navigation, the gauging and re- porting of rivers, the maintenance and operation of seacoast telegraph lines and the Collection and trans- mission of marine intelligence for the benefit of Com- merce and navigation, the reporting Of temperature and rain-fall conditions for the COtton interests, the display of frost and cold-wave signals, the distribution of meteorological information in the interests of agri- culture and commerce, and the taking of such meteoro- logical observations as may be necessary to. establish and record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties. (Oct. 1, 1890, c. 1266, § 3, 26 § 842. Same; appointment and compensation; employés provided for annually—The Weather Bu- reau shall hereafter consist of one Chief of Weather Bureau and Such civilian employees as CongreSS may annually provide for and as may be necessary to prop- Ch. C) 3 852 DEPARTMENT OF AGRICULTURE [Page 109] erly perform the duties devolving on said bureau by law, and the Chief of said bureau shall receive an annual COmpensation of [four thousand five hundred dollars], and be appointed by the President, by and with the advice and consent of the Senate. (Oct. 1, 1890, c. 1266, § 4, 26 Stat. 653, amended, July 8, 1898, No. 57, 30 Stat. 752.) • The Current agricultural appropriation act fixes the sal- ary of the Chief of the Bureau at $5,000, and of the As- sistant Chief at $3,250. Act March 4, 1917, c. 179, § 1, 39 Stat. 1136. $ 843. Promotions—Expenses of the Weather Bu- reau, under the direction of the Secretary of Agri- culture, * * and the Secretary is hereby authoriz- ed to make promotions in the service without preju- dice to those transferred from the Signal Service of the War Department. (Aug. 8, 1894, c. 238, 28 Stat. 273.) $ 844. Changes or assignment to duty—Salaries of the Weather Bureau: To enable the Secretary of Agriculture to carry out the provisions of the Act Of October first, eighteen hundred and ninety, transfer- ring the Weather Bureau to the Department of Agri- culture; * * and the Secretary is hereby authoriz- ed to make such changes or assignment to duty in the personnel or detailed force of the Weather Bureau for limiting or reducing expenses as he may deem neces- sary. (March 2, 1895, c. 169, 28 Stat. 736.) $ 845. Traveling expenses—Hereafter officials and employees of the Weather Bureau, when transfer- red from one station to another for official duty, shall be allowed all traveling expenses authorized by ex- isting laws applicable to said bureau, notwithstand- ing any changes in appointments that may be required by such transfers. (March 4, 1913, c. 145, 37 Stat. 830.) § 845a. Printing office—General eXpenSeS, Weather Bureau: * * For the maintenance Of a printing office in the city of Washington for the print- ing of weather maps, bulletins, Circulars, forms, and other publications, including the pay of additional em- ployees, when necessary * * : Provided, That no printing shall be done by the Weather Bureau, that in the judgment of the Secretary of Agriculture, can be done at the Government Printing Office without im- pairing the service of said bureau. (March 4, 1917, .C. 179, 39 Stat. 1137.) § 846. Appropriations and estimates—On and after July first, eighteen hundred and ninety-One, the appropriations for the support of the Signal Corps Of the Army shall be made with those Of Other staff corps of the Army, and the appropriations for the support of the Weather Bureau shall be made with those of the other bureaus Of the Department Of Agriculture, and it shall be the duty of the Secretary of Agriculture to prepare future estimates for the Weather Bureau which shall be hereafter specially developed and extended in the interests of agriculture. (Oct. 1, 1890, c. 1266, § 9, 26 Stat. 653.) § 847. Weather signals on mail cars—The Sec- retary of Agriculture, in cooperation with the Post- master-General, may arrange a plan by which there shall be displayed on all cars and other Conveyances used for transporting United States mail, suitable flags or other signals to indicate weather forecasts, Cold-wave warnings, frost Warnings, and so forth, to be furnished by the Chief of the Weather Bureau. (April 25, 1896, c. 140, 29 Stat. 108.) - § 848. Sale of maps or publications—Hereaft- er the Secretary Of Agriculture is authorized to sell any surplus maps or publications of the Weather Bu- reau, and the money received from such sales shall be deposited in the Treasury of the United States, sec- tion two hundred and twenty-seven of the Revised Statutes notwithstanding. (March 4, 1907, c. 2907, 34 Stat. 1258.) $ 849. Destruction of oid telegrams—Hereafter all telegrams pertaining to the business of the Weath- er Bureau may be destroyed after they are three years Old, and the accounts based thereon have been Settled by the Treasury Department; and the present accumulation of these old telegrams may be destroy- ed. (May 25, 1900, c. 555, 31 Stat. 204.) Chapter C–The Bureau of Animal Sec. Industry 850. Establishment; Chief, clerk, and employés. 851. Sale or exchange of animals or products. 852. Sale of pathological and zoological Specimens. $ 850. Establishment; Chief, clerk, and em- ployés—The Commissioner of Agriculture shall Or- ganize in his Department a Bureau of Animal In- dustry, and shall appoint a Chief thereof, who shall be a competent veterinary Surgeon, and whose duty it shall be to investigate and report upon the Corrdi- tion of the domestic animals of the United States, their protection and use, and also inquire into and re- port the causes of contagious, infectious, and Com- municable diseases among them, and the means for the prevention and Cure of the same, and to collect Such information on these subjects as shall be valuable to the agricultural and commercial interests of the Country; and the Commissioner Of Agriculture is hereby authorized to employ a force sufficient for this purpose, not to exceed tWenty persons at any One time. The salary of the Chief of said Bureau shall be [three thousand dollars] per annum ; and the Commissioner shall appoint a clerk for said Bureau, with a salary of [one thousand five hundred dollars] per annum. (May 29, 1884, c. 60, § 1, 23 Stat. 31.) For present force of Bureau, with their compensation, see Act March 4, 1917, c. 179, § 1, 39 Stat. 1137. See, also, Title LVI B, chapter A. $ 851. Sale or exchange of animals or prod- ucts—Hereafter the Secretary of Agriculture is au- thorized to sell in the open market or to exchange for other breeding animals or animal products to the best advantage, without the usual condemnation proceed- ings and public auction, such animals or animal prod- ucts produced or purchased under the appropriations made by Congress for the use Of the Bureau Of Ani- mal Industry as may not be needed in the work Of that bureau: Provided, That all moneys received from the sale of such animals Or animal products, or as a bonus in the exchange Of the same, shall be deposited in the Treasury as miscellaneous receipts. (Aug. 10, 1912, c. 284, 37 Stat. 274.) . $ 852. Sale of pathological and zoological specimens—Hereafter the Secretary Of Agriculture is authorized to prepare and sell at cost such pathologi- cal and ZOOlogical specimens as he may deem of scien- tific Or educational Value to Scientists Or Others en- gaged in the work of hygiene and sanitation: Provid- ed., That all moneys received from the sale Of Such specimens shall be deposited in the Treasury as mis- cellaneous receipts. (March 4, 1913, c. 145, 37 Stat. 837.) TITLE XII A–THE DEPARTMENT OF COMMERCE Chap. * , Sec. A. The Department and the Secretary of Commerce 853 B. The Bureau of Foreign and Domestic Commerce 873 C. The Bureau of Corporations. . . . . . . . . . . . . . . . . . . . . . 889 D- The Bureau of Navigation....... . . . . . . . . . . . . . . . . 890 Chap. Sec. E. The Bureau of Light-Houses. . . . . . . . . . . . . . . . . . . . . 896 F. The Bureau of Fisheries. . . . . . . . . . . . . . . . . . . . . . . . . . 901 G. The Census Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 909 H. The Bureau of Standards. . . . . . . . . . . . . . . . . . . . . . . . 921 Chapter A–The Department and the Secretary of Commerce Sec. 853. Establishment of Department; Secretary; seal. 854. Assistant Secretary; clerks and assistants. 854a. Commercial attachés. 855. Assignments of salaries. 856. Powers and duties of Department; appropriations. 857. Transfer of existing offices to Department. - 858. Control of Alaska fisheries; immigration, and exclusion of Chinese. - 859. Duties and powers transferred to Department. 860. Same; statistical or scientific work. 861. Custody of buildings; grades and salaries of officers transferred. 862. Publication of commercial information. 863. Sale of commercial reports. 864. Discussions in commercial reports of partisan questions. 865. Terms of measure, weight, and money in commercial re- ports. - 866. Supervision of census. 867. Annual and special reports. 868. Report of statistics. 869. Printing leport on commerce and navigation. 870. Forms of statements. f 871. Printing statement of exports and imports. 872. Report of Coast-Survey expenditures. $ 853. Establishment of Department; Secre- tary; seal—There shall be at the seat of government an executive department to be known as the Depart- ment of Commerce [and Labor], and a Secretary Of Commerce [and Labor], who shall be the head there- of, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall receive a salary of eight thousand dollars per an- num, and whose term and tenure Of Office shall be like that of the heads of the other Executive Depart- ments; and Section. One hundred and fifty-eight Of the Revised Statutes is hereby amended to include such Oepartment, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department. The Said Secretary shall Cause a Seal Of Office to be made for the said Department of such device as the Presi- dent shall approve, and judicial notice shall be taken of the said seal. (Feb. 14, 1903, c. 552, § 1, 32 Stat. 825.) See § 932 for creation of Department of flabor, and the consequent changes in this Title. This Department as an Executive Department, see § 232. tion for the salary of the Secretary is $12,000. Act March 3, 1917, c. 163, § 1, 39 Stat. 1111. $ 854. Assistant Secretary; clerks and assist- ants—There shall be in said Department an Assistant Secretary of Commerce [and Labor], to be appointed by the President, who shall receive a salary of five thousand dollars a year. He shall perform such du- ties as shall be prescribed by the Secretary or requir- ed by law. There shall also be One Chief Clerk and a disbursing clerk and such other clerical assistants as may from time to time be authorized by Congress. (Feb. 14, 1903, c. 552, § 2, 32 Stat. 826.) Current appropriations for officers and employés of De- partment, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1111. $ 854a. Commercial attachés—Commercial at- tachés: For commercial attachés, to be appointed by the Secretary of Commerce, after examination to be held under his direction to determine their compe- tency, and to be accredited through the State Depart- ment, whose duties shall be to investigate and report upon such conditions in the manufacturing industries and trade of foreign Countries as may be of inter- est to the United States; and for One Clerk to each Of said Commercial attachés to be paid a Salary not to exceed $1,500 each and for necessary traveling and Subsistence expenses, rent, purchase of reports, books of reference and periodicals, travel to and from the The current appropria- . United States, exchange on Official checks, and all other necessary expenses not included in the forego- ing; such Commercial attachés shall serve directly under the Secretary of Commerce and shall report directly to him. * * (March 3, 1917, c. 163, § 1, 39 Stat. 1113.) $ 855. Assignments of salaries—The Secretary Of Commerce [and Labor] is hereby authorized, under such regulations as he may prescribe, to permit offi- cers and employees Of the several bureaus and divi- sions of the Department of Commerce [and Labor] to assign their salaries while absent from Washington, ſ)istrict of Columbia, and employed in the field. (June 17, 1910, c. 297, § 1, 36 Stat. 524.) $ 856. Powers and duties of Department; ap- propriations—It shall be the province and duty of said Department to foster, promote, and develop the foreign and domestic commerce, the mining, manu- facturing, shipping, and fishery industries, the labor interests, and the transportation facilities of the United States; and to this end it shall be vested with jurisdiction and control of the departments, bureaus, offices, and branches of the public service hereinafter Specified, and with such other powers and duties as may be prescribed by law. All unexpended appropria- tions, which shall be available at the time when this Act takes effect, in relation to the various offices, bureaus, divisions, and other branches of the public service, which shall, by this Act, be transferred to Or included in the Department of Commerce and La- bor, or which may hereafter, in accordance with the provisions of this Act, be so transferred, shall become available, from the time of such transfer, for expenditure in and by the Department of Commerce and Labor and shall be treated the same as though said branches of the public service had been directly named in the laws making said appropriations as parts of the Department of Commerce and Labor, under the direction of the Secretary Of Said Depart- ment. (Feb. 14, 1903, c. 552, § 3, 32 Stat. 826.) $ 857. Transfer of existing offices to Depart- ment—The following-named Offices, bureaus, divisions, and branches of the public service, now and heretO- fore under the jurisdiction of the Department of the Treasury, and all that pertains to the same, known as the Light-House Board, the Light-House Establish- ment, the Steamboat-Inspection Service, the Bureau of Navigation, the United States Shipping Commis- Sioners, the National Bureau of Standards, the Coast and Geodetic Survey, the Commissioner-General Of Immigration, the commissioners of immigration, the Bureau of Immigration, the immigration Service at large, and the Bureau of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the Department of Commerce and Labor, and the same shall hereafter remain under the juris- diction and supervision of the last-named Department; and that the Census Office, and all that pertains to the same, be, and the same hereby is, transferred from the Department of the Interior to the Depart- Iment of Commerce and Labor, to remain henceforth under the jurisdiction of the latter; that the Depart- ment of Labor, the Fish Commission, and the Office Of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the same hereby are, placed under the jurisdiction and made a part of the Department of Commerce and Labor; that the Bureau of Foreign Commerce, now in the Department Of State, be, and the same hereby is, transferred to the Department of Commerce and Labor and Consolidat- IPage 110] Ch. A) 3 861 DEPARTMENT OF COMMERCE & [Page 111] ed with and made a part of the Bureau of Statistics hereinbefore transferred from the Department of the Treasury to the Department of Commerce and Labor, and the two shall constitute one bureau, to be called the Bureau Of Statistics, with a Chief of the bureau; and that the Secretary of Commerce and Labor shall have control of the work of gathering and distribut- ing statistical information naturally relating to the subjects confided to his Department; and the Secre- tary of Commerce and Labor is hereby given the power and authority to rearrange the statistical work of the bureaus and offices confided to said Department, and to consolidate any of the statistical bureaus and offices transferred to said Department; and said Sec- retary shall also have authority to call upon other Departments of the Government for statistical data and results obtained by them; and said Secretary Of Commerce and Labor may collate, arrange, and pub- lish such statistical information so obtained in such manner as to him may seem wise. That the official records and papers now on file in and pertaining exclusively to the business of any bureau, office, department, or branch of the public service in this Act transferred to the Department of Commerce and Labor, together with the furniture now in use in such bureau, office, department, or branch Of the public service, shall be and hereby are, trans- ferred to the Department of Commerce and Labor. (Feb. 14, 1903, c. 552, § 4, 32 Stat. 826.) $ 858. Control of Alaska fisheries; immigra- tion, and exclusion of Chinese—The jurisdiction, Supervision and control now possessed and exercised by the Department of the Treasury Over the fur-seal, SalmOn and Other fisheries of Alaska and Over the immigration of aliens into the United States, its wa- ters, territories and any place subject to the jurisdic- tion thereof, are hereby transferred and vested in the Department of Commerce and Labor: Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act en- titled “An Act to regulate immigration,” approved August third, eighteen hundred and eighty-two. That the authority, power and jurisdiction now pos- Sessed and exercised by the Secretary of the Treasury by Virtue of any law in relation to the exclusion from and the residence within the United States, its terri- tories and the District of Columbia, of Chinese and perSOns of Chinese descent, are hereby transferred to and Conferred upon the Secretary of Commerce and Labor, and the authority, power and jurisdiction in relation thereto now vested by law or treaty in the COllectors Of customs and the collectors of internal revenue, are hereby conferred upon and vested in such Officers under the control of the Commissioner-General Of Immigration, as the Secretary of Commerce and Labor may designate therefor. (Feb. 14, 1903, c. 552, § 7, 32 Stat. 828.) - - $ 859. Duties and powers transferred to De- partment-All duties performed and all power and authority now possessed or exercised by the head of any executive department in and over any bureau, office, officer, board, branch, or division of the public Service by this Act transferred to the Department of Commerce and Labor, or any business arising there- from Or pertaining thereto, or in relation to the du- ties performed by and authority conferred by law upon Such bureau, officer, office, board, branch or division of the public service, whether of an appel- late Or revisory character or otherwise, shall here- after be Vested in and exercised by the head of the said Department of Commerce and Labor. All duties, power, authority and jurisdiction, wheth- er Supervisory, appellate or otherwise, now imposed Or Conferred upon the Secretary of the Treasury by Acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mort- gages, bills of Sale, transfers, entry, clearance, move- ments and transportation of their cargoes and pas- sengers, owners, officers, seamen, passengers, fees, in- spection, equipment for the better security of life, and by Acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive or dangerous cargo on vessels, the use of petroleum or other similar substances to produce mo- tive power and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer’s shares of such fines, and by Acts of Congress relating to the Commis- sioner and Bureau of Navigation, Shipping Commis- sioners, their officers and employees, Steamboat-In- spection Service and any of the Officials thereof, shall be and hereby are transferred to and imposed and conferred upon the Secretary of Commerce and La- bor from and after the time of the transfer of the Bureau of Navigation, the Shipping Commissioners and the Steamboat-Inspection Service to the Depart- ment of Commerce and Labor, and shall not thereafter be imposed upon or exercised by the Secretary of the Treasury. And all Acts or parts of Acts inconsistent with this Act are, so far as inconsistent, hereby re- pealed. (Feb. 14, 1903, c. 552, § 10, 32 Stat. 829.) $ 860. Same; statistical or scientific work— That the President be, and he is hereby, authorized, by Order in writing, to transfer at any time the whole or any part of any office, bureau, division or Other branch of the public service engaged in Sta- tistical or scientific work, from the Department of State, the Department of the Treasury, the Depart- ment of War, the Department of Justice, the Post- Office Department, the Department of the Navy or the Department of the Interior, to the Department Of Commerce and Labor; and in every such Case the duties and authority performed by and conferred by law upon such office, bureau, division or other branch of the public service, or the part thereof so transfer- red, shall be thereby transferred with such office, bureau, division or other branch of the public serv- ice, or the part thereof which is so transferred. And all power and authority conferred by law, both Supervisory and appellate, upon the department from which such transfer is made, or the Secretary thereof, in relation to the said office, bureau, division or oth- er branch of the public service, or the part thereof so transferred, shall immediately, when such transfer is SO ordered by the President, be fully conferred upon and Wested in the Department of Commerce and La- bor, or the Secretary thereof, as the case may be, as to the whole or part of such office, bureau, division Or Other branch Of the public Service SO transferred. (Feb. 14, 1903, c. 552, § 12, 32 Stat. 830.) * - $ 861. Custody of buildings; grades and sal- aries of officers transferred—The Secretary of Com- merce and Labor shall have charge, in the buildings Or premises occupied by or appropriated to the De- partment of Commerce and Labor, of the library, fur- niture, fixtures, records, and other property pertain- ing to it Or hereafter acquired for use in its business; and he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of ap- propriate quarters for the accommodation of the De- partment Of COmmerce and Labor within the District Of Columbia, and for all other incidental expenses, Such sums as Congress may provide from time to time: Provided, however, That where any office, bu- reau, Or branch of the public service transferred to the Department of Commerce and Labor by this Act is Occupying rented buildings or premises, it may still Continue to do so until other suitable quarters are provided for its use: And provided further, That all Officers, clerks, and employees now employed in or by any of the bureaus, offices, departments, or branches Of the public service in this Act transferred to the Department of Commerce and Labor are each and all hereby transferred to said Department at their present grades and Salaries, except where otherwise ź 862 (Tit. 12A DEPARTMENT OF COMMERCE º provided in this Act: And provided further, That all laws prescribing the work and defining the duties of the Several bureaus, offices, departments, or branches' Of the public service by this Act transferred to and made a part of the Department of Commerce and Labor shall, so far as the same are not in conflict With the provisions of this Act, remain in full force and effect until otherwise provided by law. (Feb. 14, 1903, c. 552, § 9, 32 Stat. 829.) $ 862. Publication of commercial informaa- tion—The Secretary of State shall publish official Inotifications, from time to time, of such commercial information communicated to him by diplomatic and COnsular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select. (R. S. § 21.1.) $ 863. Sale of commercial reports—For print- ing and distributing more frequently the publications by the Department of State of the consular and oth- er commercial reports, including circular letters to chambers of commerce, * * Provided, that such publications may be sold at such rates as may be fixed by said department, and the proceeds of all sales to be paid into the Treasury. (June 16, 1880, c. 235, § 1, 21 Stat. 271.) $ 864. Discussions in commercial reports of partisan questions—For printing and distributing the publications by the Department of State of the Consular and other commercial reports, including cir- cular letters to chambers of commerce, * * Pro- vided, That no part of such reports discussing parti- san political, religious, or moral questions shall be published. (Feb. 25, 1885, c. 150, 23 Stat. 324.) $ 865. Terms of measure, weight, and money in commercial reports—Preparation, printing, pub- lication, and distribution by the Department of State of the diplomatic, consular, and other commercial re- ports, * * Provided, That all terms of measure, weight, and money shall be reduced to and expressed in terms of measure, weight, and coin of the United States, as well as in the foreign terms. (Feb. 9, 1903, c. 530, 32 Stat. 813.) - § 866. Supervision of census—The Secretary of the Interior shall exercise supervisory and appellate powers in relation to all acts of marshals and others in taking and returning the census of the United States. (R. S. § 443.) $ 867. Annual and special reports—The Secre- tary of Commerce and Labor shall annually, at the close of each fiscal year, make a report in Writing to Congress, giving an account of all moneys received and disbursed by him and his Department, and de- scribing the work done by the Department in foster- ing, promoting, and developing the foreign and domes- tic commerce, the mining, manufacturing, Shipping, and fishery industries, and the transportation facili- ties, of the United States, and making such recom- mendations as he shall deem necessary for the effec- tive performance of the duties and purposes of the Department. He shall also from time to time Imake such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem necessary and urgent. (Feb. 14, 1903, c. 552, § 8, 32 Stat. S29.) § 868. Report of statistics—The Secretary of the Treasury shall make a report to Congress on the first Monday of January in each year, containing the results of the information collected during the pre- ceding year, by the Bureau of Statistics, upon the Condition of the manufactures, domestic trade, Cur- rency, and banks of the several States and Territories. (R. S. § 259, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) - $ 869. Printing report on commerce and navigation—The Secretary of the Treasury shall Cause the annual report on the statistics of Commerce and navigation, required from the Chief of the Bu- reau Of Statistics, to be prepared and printed accord- ing to law, and to be submitted to Congress at as [Page 112I - early a day in each regular session as practicable, º not later than the first Monday in January. (R. S. § 263.) - § 870. Forms of statements—The Secretary of the Treasury # * shall also prescribe the forms of the annual statements to be submitted to Congress by him showing the actual state of Commerce and navigation between the United States and foreign Countries, or Coastwise between the Collection districts of the United States, in each year. (R. S. § 251.) § 871. Printing statement of exports and im- ports—The Secretary of the Treasury shall furnish to the Congressional Printer on or before the first day of November of each year, the manuscript, prepared for printing, of a condensed statement of the aggre- gate amount Of the exports and imports from foreign ºries during the preceding fiscal year. (R. S. § 65. $ 872. Report of Coast-Survey expenditures— The Secretary of the Treasury shall report to Con- gress annually the number and names of the persons employed during the last preceding fiscal year upon the Coast Survey and business connected therewith ; the amount of compensation of every kind respective- ly paid them, for what purpose, and the length of time employed ; and shall report a full statement of all Other expenditures made Under the direction Of ; Superintendent of the Coast Survey. (R. S. § 64.) - Chapter B–The Bureau of Foreign and Sec. Domestic Commerce 873. Consolidation and transfer of duties of Bureaus of Man- ufactures, and of Statistics. 874. Transfer to Bureau of duties of Department of Labor; special investigations. 875. Former Bureau of Manufactures; ports. 876. Same; Assistant Chief. 877. Former Bureau of Statistics in Treasury Department. 878. Same; purpose. 879. Same; annual report. - 880. Same; regulations imposed on collectors. 881. Same; returns by collectors of exports by rail. 882. Annual report; coasting trade. 883. Same; foreign and interstate commerce, struction and Operation of railroads. 884. Monthly reports of exports and imports. 885. Quarterly reports of exports and imports. 886. Annual statement of vessels. 887. Annual statement of merchandise. 888. Statistics of manufactures. § 873. Consolidation and transfer of duties of Bureaus of Manufactures, and of Statisties—The Bureau of Manufactures and the Bureau of StatistiCS, both of the Department of Commerce and Labor, are hereby consolidated into one bureau to be known as the Bureau of Foreign and Domestic Commerce, to take effect July first, nineteen hundred and twelve, and the duties required by law to be performed by the Bureau of Manufactures and the Bureau of Statistics are transferred to and shall after that date be per- formed by the Bureau of Foreign and Domestic Com- merce. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 407.) Current appropriations for Bureau, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1112. - § 874. Transfer to Bureau of duties of De- partment of Labor; special investigations—Those certain duties of the Department of Labor, or Bu- reau of Labor, contained in section Seven Of the Act approved June thirteenth, eighteen hundred and eighty-eight, that established the same, which especial- ly charged it “to ascertain, at as early a date as possible, and whenever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading Countries where such articles are produced, by fully Specified units of production, and under a classification show- ing the different elements of cost, or approximate cost, of such articles of production, including the wages paid in such industries per day, Week, month, Or year, or by the piece; and hours employed per day ; and the profits of manufacturers and producers of duties; consular re- railroad con- Ch. B) 3 880 DEPARTMENT OF COMMERCE [Page 113] such articles; and the comparative cost of living, and the kind of living; what articles are controlled by trusts or other combinations of capital, business Op- erations, or labor, and what effect said trusts, Or Other Combinations of Capital, business Operations, Or labor have on production and prices,” are hereby transferred to and shall hereafter be discharged by . the Bureau of Foreign and Domestic Commerce, and it shall be also the duty of said Bureau of Foreign and Domestic Commerce to make such Special inves- tigation and report on particular subjects when re- Quired to do so by the President or either House of Congress. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 407.) § 875. Former Bureau of Manufactures; dul- ties; consular reports—There shall be in the De- partment of Commerce and Labor a bureau to be called the Bureau of Manufactures, and a chief Of said bureau, who shall be appointed by the President, and who shall receive a salary of four thousand dol- lars per annum. There shall also be in said bureau such clerical assistants as may from time to time be authorized by Congress. It shall be the province and duty of said bureau, under the direction of the Secre- tary, to foster, promote, and develop the various man- ufacturing industries of the United States, and mar- kets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and Sup- plying all available and useful information Concern- ing such industries and such markets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And all consular of ficers of the United States, including consuls-general, consuls, and commercial agents, are hereby required, and it is made a part of their duty, under the direc- tion of the Secretary of State, to gather and Com- pile, from time to time, useful and material informa- tion and statistics in respect to the subjects enumer- ated in section three of this Act in the countries and places to which such consular officers are accredited, and to send, under the direction of the Secretary of State, reports as often as required by the Secretary of Commerce and Labor of the information and statis- tics thus gathered and compiled, such reports to be transmitted through the State Department to the Secretary of the Department of Commerce and Labor. (Feb. 14, 1903, c. 552, § 5, 32 Stat. 827.) § 876. Same; Assistant Chief–Bureau of Man- ufactures: For assistant chief of bureau, to be se- lected and appointed by the Secretary of Commerce and Tabor, at the rate of two thousand five hundred dollars per annum. Stat. 42.) § 877. Former Bureau of Statisties in Treas- ury Department—There shall be in the Department of the Treasury a Bureau to be called the Bureau of Statistics; and the Secretary of the Treasury may appoint one division clerk, who shall superintend the Bureau, and shall be entitled to a salary of two thousand five hundred dollars a year. (R. S. § 334.) Current appropriations for Bureau of Foreign and Do- mestic Commerce, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1112. § 878. Same; purpose—The purpose of the Bu- reau of Statistics is the collection, arrangement, and Classification of SUICin Statistical information as may be procured, showing, or tending to show, each year the condition of the manufactures, domestic trade, currency, and banks of the several States and Terri- tories. (R. S. § 335, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) - § 879. Same; annual report—The Chief of the Bureau of Statistics shall, under the direction of the Secretary of the Treasury, annually prepare a report On the Statistics of commerce and navigation of the United States with foreign countries, to the close of the fiscal year. Such accounts shall comprehend all goods, Wares, and merchandise exported from the United States to other countries; all goods, wares, and merchandise imported into the United States from oth- COMP.S.T.’18—8 (Feb. 27, 1906, c. 510, § 1, 34 er countries, and all navigation employed in the foreign trade of the United States; which facts Shall be stated a CCOrding to the principles and in the manner hereby directed. IFirst. The kinds, quantities, and values of all arti- Cles exported, and the kinds, quantities, and values of all articles imported, shall be distinctly stated in such accounts, except in cases in which it may appear to the Secretary of the Treasury that separate state- ments of the species, quantities, or values of any particular articles would swell the annual statements Without utility; and, in such cases, the kinds and total values of such articles shall be stated together, Or in such classes as the Secretary of the Treasury may think fit. - Second. The exports shall be SO Stated as to show the exports to each foreign Country, and their values ; and the imports shall be so stated as to show the im- ports from each foreign Country, and their values. Third. The exports shall be so stated as to show, separately, the exports of articles Of the production or manufacture of the United States, and their values; and the exports of articles Of the production Or man- ufacture of foreign Countries, and their Values. Fourth. The navigation employed in the foreign trade of the United States shall be stated in such man- ner as to show the amount Of the tonnage of all ves- sels departing from the United States for foreign COuntries; and, separately, the amount Of Such ton- nage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also the for- eign nations to which such foreign tonnage belongs, and the amount of such tonnage belonging to each for- eign nation ; and in such manner as also to show the amount of the tonnage of all vessels departing for every particular foreign country with which the Unit- ed States have any considerable Commerce; and, Sep- arately, the amount of Such tonnage of vessels Of the |United States, and the amount of such tonnage Of foreign vessels; and in such manner as to show the amount of the tonnage of all vessels arriving in the United States from foreign countries; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such for- eign tonnage belongs, and the amount of such tonnage belonging to each foreign nation ; and in such man- ner as also to show the amount of the tonnage of all vessels arriving from every particular foreign country & with which the United States have any considerable COmmerce; and, separately, the amount Of Such ton- nage of vessels of the United States, and the amount Of Such tonnage of foreign vessels. - Fifth. Such accounts shall comprehend and include, in tabular form, the quantity by weight or measure, as well as the amount of value, of the several articles of foreign commerce, whether dutiable or otherwise : and also a similar and separate statement of the com- merce of the United States with the British Provinces, Under the late so-called reciprocity treaty with Great Britain. (R. S. § 336.) § 880. Samle; regulations imposed on collect- ors—In Order to enable the Chief Of the Bureau Of Statistics to prepare the annual report On the statis- tics of commerce and navigation required to be sub- mitted to Congress by the Secretary of the Treasury, the following regulations shall be Observed by all Col- lectOrS Of CuSt0rm.S: - First. The kinds and quantities of all imported ar- ticles free from duty shall be ascertained by entry, made upon oath or affirmation, by the owner, or by the consignee or agent Of the importer, or by actual examination, where the Collector shall think such ex- amination necessary ; and the Values of all such arti- cles shall be ascertained in the same manner in which the values of imports subject to duties ad Valorem are a SCertained. Second. The values of all imported articles subject § 880 (Tit. 12A DEPARTMENT OF COMMERCE [Page 114] to specific duties shall be ascertained in the manner in which the values of imports subject to duties ad Valorem are ascertained. e - Third. The several collectors shall keep Separate a C- 38 221 1003 1914. Feb. 16 20 1. 38 283 968a, Feb. 16 20 2 38 283 968b Sept. 9 295 - 38 713 1056a, Oct. 15 323 17 38 73 1243a, Oct. 15 323 18 38 738 1243b Oct. 15 323 19 38 738 1243C Oct. 15 323 20 38 738 1243d Oct. 15 323 21 38 738 1245a. Oct. 15 323 22 38 738 1245b. Oct. 15 323 23 38 739 I245C Oct. 15 323 24 38 739 1245d. Oct. 15 323 25 38 740 1245e 1915 Jan. 28 22 2 38 804 1126a. Jan. 28 22 4 38 804 11.20a, Jan. 28 22 5 38 804 1233a, Date of Stat. at Large This Com- Act T. A- —N piiation Chap. Sec. Vol. Page Sec. 1915 Mich. 3 90 -º-º: 38 956 1251a. MCh. 3 90 --- 38 956 1251b Mch. 3 90 --> 38 956 1251C MCh. 3 96 1” 38 959 968C MCh. 3 96 2 38 960 96.8d. Mch. 3 98 -** 38 960 1062.a. MCh. 3 99 1 38 960 1062b IMſ Ch. 3 99 2 38 960 1062C IMCh. 3 100 1 38 961 968e MCh. 3 100 2 38 961 968ſ Mch. 3 100 5 38 961 1092a, Mch. 4 140 5 38 996 1136a, Mch. 4 170 1 38 1193 1056 b Mch. 4 170 2 38 1193 1056C 1916 Apr. 11 64 1 39 48 968g Apr. 27 91 --- 39 56 1085a, June 22 161 --> 39 232 1094a. July 17 - 246 - 39 385 11182, Aug. 29 416 27 39 555 1225a, Sept. 1 434 - 39 721 1092a, Sept. 6 448 3 39 727 11.20a, Sept. 6 448 5 39 727 1225b. Sept. 6 448 6 39 727 1228a, Sept. 8 475 1. 39 850 1070a. Sept. 8 475 2 39 850 1070b Sept. 8 475 3 39 850 1070C Sept. 8 475 4 39 851 1070d Sept. 8 475 5 39 851 1070e Sept. 8 475 6 39 851 1070f Sept. 8 475 7 39 851 1070g Sept. 8 475 8 39 851 1070h. I917 Feb. 22 113 * 39 929 991a. Feb. 26 120 - 39 938 968}l IFeb. 26 122 1 39 939 1095a, Feb. 26 122 2 39 939 1095b Chapter One—District Courts—Organ- ization judges; appointment and residence. additional for eastern district of Penn- Sec. 968. District courts; 68a. District judges; Sylvania. 968b. Same; vacancy in office for eastern district of Penn- sylvania. 968c. Same; additional for southern district of Georgia. 968d. Same; vacancy in office for southern district of Geor- gia. , 968e. Same ; eastern district and Western district of South *- Carolina. 968ſ. Same; jurisdiction of in causes in Western district of - South Carolina. 968g. Same; additional for District of New Jersey. 968h. Same; additional for Western district of Texas. 969. Same; salaries. 970. Clerks. 971. Deputy clerks. 972. Criers and bailiffs. 973. Records; where kept. 974. Altering terms. 975. Trials not discontinued by new term. 976. Courts open as courts of admiralty and equity. 977. Monthly adjournments for trial of criminal causes. 978. Special terms. 979. Adjournment for nonattendance of judge. 980. Disability of judge; designation of another judge. 981. Accumulation of business; designation of another judge. 982. Designation by Chief Justice. 983. New appointment and revocation. 984. Designation to aid another judge. 985. Circuit judge designated to hold district court. 986. Same; duty of district and circuit judge. 987. Interest or relationship of district judge. 988. Affidavit of personal bias or prejudice of judge. 989. Continuance in case of vacancy in, office. 990. Districts with more than one judge; division of busi- IlêSS. § 968. (Jud. Code, § 1, as amended.) District courts; judges; appointment and residence—In each of the districts described in chapter five there shall be a court called a district court, for which there shall be appointed One judge, to be called a district judge, except that in the northern dis- trict of California, the Southern district of Cali- fornia, the northern district of Illinois, the district of Minnesota, the district of Nebraska, the district of New Jersey, the eastern district of New York, the northern and southern districts of Ohio, the district of Oregon, the eastern and western districts of Penn- Sylvania, and the western district of Washington, there shall be an additional district judge in each, and in the Southern district of New York three addi- tional district judges: Provided, That there shall be One judge for the eastern and Western districts Of South Carolina, One judge for the eastern and middle districts Of Tennessee, and One judge for the northern and southern districts of Mississippi: Provided fur- ther, That the district judge for the middle district of Alabama shall Continue as heretofore to be a district judge for the northern district thereof. Every dis- trict judge shall reside in the district or one of the districts for which he is appointed, and for Offending against this provision shall be deemed guilty of a high misdemeanor. (R. S. §§ 551, 552. Aug. 2, 1886, c. 842, 24 Stat. 213. Dec. 19, 1900, c. 3, 31 Stat. 726. Feb. 4, 1903, c. 402, 32 Stat. 795. Feb. 9, 1903, c. 527, 32 Stat. 805. April 1, 1904, c. 857, 33 Stat. 155. March 3, 1905, c. 1418, 33 Stat. 987. March 3, 1905, c. 1427, § 2, 33 Stat. 993. May 26, 1906, c. 2557, 34 Stat. 202. Feb. 25, 1907, c. 1189, 34 Stat. 928. Feb. 25, 1907, c. 1198, 34 Stat. 931. Feb. 27, 1907, c. 2073, 34 Stat. 997. March 2, 1907, c. 2575, 34 Stat. 1253. Feb. 26, 1909, c. 215, 35 Stat. 656. March 2, 1909, c. 242, 35 Stat. 685. March 2, 1909, c. 243, 35 Stat. 686. Feb. 24, 1910, c. 56, 36 Stat. 201. Feb. 24, 1910, c. 57, 36 Stat. 202. & 968a (Tit. 12C THE JUDICIAL CODE [Page 126] June 25, 1910, c. 410, 36 Stat. 838. March 3, 1911, c. 231, § 1, 36 Stat. 1087. July 30, 1914, c. 216, 38 Stat. 580.) - - § 968a. District judges; additional for east- erra district of Pennsylvazhia—The President Of the United States shall appoint an additional district judge for the eastern district of Pennsylvania, by and with the advice and consent of the Senate, who shall reside in said district and shall possess the same quali- fications and have the same power and jurisdiction and receive the same Salary now prescribed by law in respect of the present district judges therein. (Feb. 16, 1914, c. 20, § 1, 38 Stat. 283.) § 968b. Same; vacancy in office for eastern district of Pennsylvažnia–That whenever a vacancy shall occur in the Office of the district judge for the eastern district of Pennsylvania, senior in Commission, such vacancy shall not be filled, and thereafter there shall be but two district judges in said district. (Feb. 16, 1914, c. 20, § 2, 38 Stat. 283.) § 968c. Same; additional for southern district of Georgia—The President Of the United States Shall appoint an additional district judge for the Southern district of the State of Georgia, by and with the Con- sent Of the Senate, who shall reside in the said dis- trict and shall possess the same qualifications and have the same power and jurisdiction and receive the same salary now prescribed by law in respect of the present district judge therein: Provided, however, That the President shall make public all indorse- ments made in behalf of the person appointed as such district judge. (March 3, 1915, c. 96, § 1, 38 Stat. 959.) § 968d. Same; vacancy in office for southern district of Georgia—Whenever a vacancy Shall OC- cur in the Office of the district judge for the southern district of the State of Georgia senior in commission such vacancy shall not be filled, and thereafter there shall be but One district judge in said district. (March 3, 1915, c. 96, § 2, 38 Stat. 960.). § 968e. Same; eastern district and western district of South Carolina—There shall be a district judge for the eastern district of South Carolina and a district judge for the Western district of South Caro- lina, who shall be appointed as district judges are ap- pointed in other judicial districts of the United States: Provided, That the President, previous to appointing said judge, shall make public all indorsements Of the applicants for said position. The present district judge, who is a resident of the eastern district of South Carolina, is hereby assigned to said eastern dis- trict as the district judge thereof. (March 3, 1915, c. 100, § 1, 38 Stat. 961.) § 968f. Same; jurisdiction in causes in west- ern district of South Carolina—All causes of a Civil nature and motions therein submitted and all causes and proceedings of a civil nature, including pro- ceedings in bankruptcy, now pending in the western district of South Carolina in which the evidence has been taken in whole Or in part before the present dis- trict judge for the eastern and western districts of South Carolina, or taken in whole or in part and Sub- mitted to and passed upon by the said district judge, shall be retained by said judge and proceeded with and disposed. Of by said judge, who may for that pur- pose Continue to exercise jurisdiction in the Said west- ern district. (March 3, 1915, c. 100, § 2, 38 Stat. 961.) § 968g. Same; additional for district of New Jersey—The President of the United States be, and he hereby is, authorized and directed, by and with the advice and consent of the Senate, to appoint an addi- tional judge of the district court of the United States for the district of New Jersey, who shall reside in said district, and whose term Of Office, Compensation, duties, and powers shall be the same as now provided by law for the judge of said district. (April 11, 1916, c. 64, § 1, 39 Stat. 48.) $ 968 h. Same; additional for western district of Texas—The President of the United States, by and with the advice and consent of the Senate, shall ap- Court had not intervened. point an additional judge of the district court of the United States for the Western District of Texas, who shall possess the same powers, perform the same du- ties, and receive the same compensation and allowance as the present judge of said district, and whose offi- cial place of residence shall be maintained at El Paso until otherwise provided by law. (Feb. 26, 1917, c. 120, 39 Stat. 938.) § 969. (Jud. Code, § 2.) Same; salaries—Each Of the district judges shall receive a salary of six thousand dollars' a year, to be paid in monthly install- ments. (Feb. 12, 1903, c. 547, 32 Stat. 825. March 3, 1911, c. 231, § 2, 36 Stat. 1087.) § 970. (Jud. Code, § 3.) Clerks—A clerk shall be appointed for each district Court by the judge there- of, except in cases otherwise provided for by law. (R. S. § 555. March 3, 1911, c. 231, § 3, 36 Stat. 1087.) § 971. (Jud. Code, § 4.) Deputy clerks—Except as otherwise specially provided by law, the clerk of the district court for each district may, with the ap- proval of the district judge thereof, appoint such num- ber of deputy clerks as may be deemed necessary by Such judge, who may be designated to reside and main- tain offices at such places of holding court as the judge may determine. Such deputies may be removed at the pleasure of the clerk appointing them, with the concurrence of the district judge. In case of the death of the clerk, his deputy or deputies shall, unless removed, COntinue in Office and perform the duties Of the Clerk, in his name, until a clerk is appointed and quali- fied ; and for the default or misfeasances in Office of any such deputy, whether in the lifetime of the clerk or after his death, the Clerk and his estate and the Sureties On his Official bond shall be liable ; and his ex- ecutor or administrator shall have Such remedy for any such default or misfeasances committed after his death as the Clerk would be entitled to if the Same had occurred in his lifetime. (R. S. § 558. March 3, 1911, c. 231, § 4, 36 Stat. 1087.) * § 972. (Jud. Code, § 5.) Criers and bailiffs.- The district court for each district may appoint a Crier for the court; and the marshal may appoint Such number of persons, not exceeding five, as the judge may determine, to wait upon the grand and other ju- ries, and for other necessary purposes. (R. S. $ 715. March 3, 1911, c. 231, § 5, 36 Stat. 1088.) § 973. (Jud. Code, § 6.) Records; where kept —The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any district and the place Of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. (R. S. § 562. March 3, 1911, c. 231, § 6, 36 Stat. 1088.) - 2. “. § 974. (Jud. Code, § 7.) Altering terms.—No action, suit, proceeding, or process in any district court Shall abate or be rendered in Valid by reason of any act changing the time of holding such court, but the Same Shall be deemed to be returnable to, pending, and triable in the terms established next after the return day thereof. (R. S. § 573. March 3, 1911, c. 231, § 7, 36 Stat. 1088.) § 975. (Jud. Code, § 8.) Trials not discontin- ued by new term—When the trial or hearing of any cause, civil or Criminal, in a district Court has been commenced and is in progress before a jury or the Court, it shall not be stayed or discontinued by the ar- rival Of the time fixed by law for another Session of said court; but the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the (R. S. § 746. March 3, 1911, c. 231, § 8, 36 Stat. 1088.) - § 976. (Jud. Code, § 9.) Courts open as courts of admiralty and equity—The district Courts, as Courts of admiralty and as Courts of equity, shall be deemed always Open for the purpose of filing any pleading, of issuing and returning mesne and final Ch. 1) & 985 TEIE JUDICIAL CODE [Page 127] process, and of making and directing all interlocu- tory motions, Orders, rules, and other proceedings preparatory to the hearing, upon their merits, Of all Causes pending therein. Any district judge may, up- On reasonable notice to the parties, make, direct, and aWard, at Chambers Or in the clerk’s Office, and in Va- Cation as well as in term, all such process, commis- SiOnS, Orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. (R. S. § 574. March 3, 1911, c. 231, § 9, 36 Stat. 1088.) . § 977. (Jud. Code, , ments for trial of criminal causes—District Courts shall hold monthly adjournments of their regular terms, for the trial of criminal causes, when their business requires it to be done, in order to prevent undue expenses and delays in such cases. (R. S. § 578. March 3, 1911, c. 231, § 10, 36 Stat. 1088.) § 978. (Jud. Code, § 11.) Special terms—A spe- Cial term of any district court may be held at the Same place where any regular term is held, Or at such Other place in the district as the nature of the busi- neSS may require, and at such time and upon such notice as may be ordered by the district judge. Any business may be transacted at such special term Which might be transacted at a regular term. (R. S. $ 581. March 3, 1911, c. 231, § 11, 36 Stat. 1088.) § 979. (Jud. Code, § 12.) Adjournment for nonattendance of judge—If the judge of any dis- trict Court is unable to attend at the commencement Of any regular, adjourned, or special term, or any time during such term, the court may be adjourned by the marshal, or clerk, by virtue of a written or- der directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct. (R. S. § 583. March 3, 1911, c. 231, § 12, 36 Stat. 1088.) § 980. (Jud. Code, § 13.) Disability of judge; designation of another judge—When any district judge is prevented, by any disability, from holding any stated or appointed term of his district court, and that fact is made to appear by the certificate of the clerk, under the seal of the court, to any circuit judge of the circuit in which the district lies, or, in the absence of all the circuit judges, to the circuit justice of the circuit in which the district lies, any Such circuit judge or justice may, if in his judgment the public interests so require, designate and ap- point the judge of any other district in the same Circuit to hold said court, and to discharge all the ju- dicial duties of the judge so disabled, during such dis- ability. Whenever it shall be certified by any such Circuit judge or, in his absence, by the circuit jus- tice of the circuit in which the district lies, that for any Sufficient reason it is impracticable to designate and appoint a judge of another district within the Circuit to perform the duties of such disabled judge, the Chief justice may, if in his judgment the public interests so require, designate and appoint the judge Of any district in another Circuit to hold said Court and to discharge all the judicial duties of the judge so disabled, during such disability. Such appointment shall be filed in the Clerk’s Office, and entered on the minutes of the said district court, and a certified copy thereof, under the Seal of the Court, shall be trans- mitted by the clerk to the judge so designated and ap- pointed. (R. S. § 591. March 4, 1907, c. 2940, 34 Stat. 1417. March 3, 1911, c. 231, § 13, 36 Stat. 1089.) § 981. (Jud. Code, § 14.) Accumulation of business; designation of another judge—When, from the accumulation or urgency of business in any district court, the public interests require the desig- nation and appointment hereinafter provided, and the fact is made to appear, by the Certificate of the clerk, under the seal of the COurt, to any circuit judge of the circuit in which the district lies, Or, in the absence of all the circuit judges to the circuit justice Of the circuit in which the district lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exer- § 10.) Monthly adjourn- Cise Within the district first named the same powerS that are vested in the judge thereof. Each of the Said district judges may, in case of such appointment, hold separately at the same time a district Court in Such district, and discharge all the judicial duties of the district judge therein. (R. S. § 592. March 3, 1911, c. 231, § 14, 36 Stat. 1089.) - § 982. (Jud. Code, § 15.) Designation by Chief Justice—If all the circuit judges and the circuit jus- tice are absent from the circuit, or are unable to ex- ecute the provisions of either of the two preceding sec- tions, Or if the district judge so designated is disabled Or neglectS to hold the Court and transact the business for Which he is designated, the clerk of the district court shall certify the fact to the Chief Justice of the United States, who may thereupon designate and appoint in the manner aforesaid the judge of any district Within such circuit or within any other Cir- Cuit; and Said appointment shall be transmitted to the clerk and be acted upon by him as directed in the preceding section. (R. S. § 593. March 3, 1911, c. 231, § 15, 36 Stat. 1089.) - § 983. (Jud. Code, § 16.) New appointment and revocation—Any such circuit judge, or circuit justice, or the Chief Justice, as the case may be, may, from time to time, if in his judgment the public inter- estS SO require, make a new designation and appoint- ment Of any other district judge, in the manner, for the duties, and With the powers mentioned in the three preceding sections, and revoke any previous des- ignation and appointment. (R. S. § 594. March 4, 1911, c. 231, § 16, 36 Stat. 1089.) § 984. (Jud. Code, § 17.) Designation to aid another judge—It shall be the duty of the senior Circuit judge then present in the circuit, whenever in his judgment the public interest so requires, to desig- nate and appoint, in the manner and with the powers provided in section fourteen, the district judge of any judicial district within his circuit to hold a dis- trict court in the place or in aid of any other district judge within the same circuit. (R. S. § 596. March 3, 1881, c. 133, 21 Stat. 454. March 3, 1911, c. 231, § 17, 36 Stat. 1089.) § 985. (Jud. Code, § 18, amended.) Circuit judge designated to hold district court—Whenev- er, in the judgment of the Senior circuit judge of the Circuit in which the district lies, or of the circuit justice assigned to such circuit, or of the Chief Jus- tice, the public interests shall require, the said judge, or associate justice, or Chief Justice, shall designate and appoint any circuit judge of the circuit to hold Said district Court. Whenever it shall be certified by the senior circuit judge of the Second circuit, or, in his absence, by the Circuit justice of said circuit, that on account of the accumulation or urgency of business in any district COUrt in said Circuit it is impracticable to designate and appoint a sufficient number of district judges of Other districts within said circuit to relieve such ac- cumulation or urgency of business, the Chief Justice may, if in his judgment the public interests so re- quire, designate and appoint the judge of any dis- trict Court in another Circuit to hold a district Court within the said second circuit, and to have and ex- ercise within the district to which he is so assigned the same powers that are vested in the judge thereof: Provided, That such judge so designated and ap- pointed shall have consented, in Writing, to such des- ignation and appointment: And provided further, That the senior circuit judge of the circuit within which such judge so designated and appointed re- sides shall certify, in Writing, that the business Of the district of such judge will not suffer thereby. Such appointment shall be filed in the clerk’s Office and entered On the minutes Of the Said district Court, and a certified Copy thereof, under the seal Of the court, shall be transmitted by the clerk to the judge so designated and appointed. Each of the said district judges may, in the Case Of Such appointment, hold ź 986 (Tit. 12C THE JUDICIAL CODE separately, at the same time, a district court in Such district, and discharge all of the judicial duties of the district judge therein. (March 3, 1911, c. 231, § 18, 36 Stat. 1089. Oct. 3, 1913, c. 18, 38 Stat. 203.) § 986. (Jud. Code, § 19.) Same; duty of dis- trict and circuit judge—It shall be the duty Of the district or circuit judge who is designated and ap- pointed under either of the six preceding Sections, to discharge all the judicial duties for which he is SO appointed, during the time for which he is so ap- pointed ; and all the acts and proceedings in the Courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and va- lidity as if done by or before the district judge of the said district. (R. S. § 595. 19, 36 Stat. 1090.) § 987. (Juid. Code, § 20.) Interest or relation- ship of district judge—Whenever it appears that the judge of any district Court is in any way Con- Cerned in interest in any suit pending therein, Or has been of counsel or is a material witness for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on ap- plication by either party, to cause the fact to be en- tered. On the records Of the court ; that an authenticated copy thereof shall be forthwith Certified to the senior circuit judge for said Circuit then present in the Circuit; and thereupon such pro- ceedings shall be had as are provided in section four- teen. (R. S. § 601. March 3, 1911, c. 231, § 20, 36 Stat. 1090.) § 988. (Jud. Code, §, 21.) Affidavit of personal bias or prejudice of judge—Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that the judge before whom the action or proeeeding is to be tried or heard has a personal bias Or prejudice either against him or in favor of any opposite party to the Suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the Section last preceding, or chosen in the manner pre- scribed in section twenty-three, to hear such matter. Every such affidavit shall State the facts and the reasons for the belief that such bias or prejudice ex- ists, and shall be filed not less than ten days before the beginning of the term of the court, or good cause Shall be shown for the failure to file it within Such time. No party shall, be entitled in any case to file more than One such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that such affidavit and application are made in good faith. The same proceedings shall be had when the presiding judge shall file with the clerk of the court a certificate that he deems himself unable for any reason to preside with absolute im- partiality in the pending suit or action. (March 3, 1911, c. 231. § 21, 36 Stat. 1090.) § 989. (Jud. Code, § 22.) Continuance in case of vacancy in office—When the Office of judge of any district court becomes vacant, all process, pleadings, and proceedings pending before such Court shall, if necessary, be continued by the clerk thereof until Such times as a judge shall be appointed. Or designat- ed to hold Such Court ; and the judge SO designated, while holding such Court, shall possess the powers Conferred by, and be subject to the provisions Con- tained in, section nineteen. (R. S. §§ 602, 603. March 3, 1911, c. 231, § 22, 36 Stat. 1090.) § 990. (Jud. Code, § 23.) Districts with more than one judge; division of business—In districts having more than One district judge, the judges may agree upon the division of business and assignment of cases for trial in said district ; but in Case they do Inot so agree, the senior circuit judge of the circuit in which the district lies, shall make all necessary or- ders for the division of business and the assignment of cases for trial in said district. (March 3, 1911, c. 231, § 23, 36 Stat. 1090.) - [Page 128] March 3, 1911, c. 231, § and also an Order Chapter Two—District Courts— Sec. J urisdiction -- 991. Original jurisdiction. Par. 1. United States plaintiffs; mon law or in equity. ' Crimes and offenses. - Admiralty causes, seizures, and prizes. Suits under law relating to slave trade. Cases under internal revenue, customs, and tonnage laws. - Suits under postal laws. Suits under patent, copyright, mark laws. Suits for violation of laws. . Penalties and forfeitures. Suits on debentures. Suits for injuries on account of acts done un- der laws of United States. 12. Suits concerning civil rights. 13. Suits against persons having knowledge of conspiracy. - 14. Suits to redress deprivation of civil rights. 15. Suits to recover certain offices. 16. Suits against national banking associations. 17. Suits by aliens for torts. 18. Suits against consuls and vice consuls. 19. Suits and proceedings in bankruptcy. 20. Suits against United States. 21. Suits for unlawful inclosure of public lands. 22. Suits under immigration and contract-labor laws. 23. Suits against trusts, monopolies, and unlaw- ful combinationS. 24. Suits concerning allotments of land to Indi- ans; decrees. 25. Partition suits where United States is joint tenant. 991a. Same; bills of interpleader by insurance companies. 992. Commerce Court; abolished; jurisdiction transferred to district courts; additional circuit judges of Commerce Court continued. 993. Same; jurisdiction. 994. Venue of suits relating to orders of Interstate Com- merce Commission. 995. Procedure where jurisdiction was transferred from Com- merce Court. 996. Commerce Court; jurisdiction; practice and procedure. 997. Same; suits as orders of Interstate Commerce Commis- sion to be against United States. - 998. Interlocutory injunctions as to orders of Interstate Com- merce Commission; appeal to Supreme Court. 999. Commerce Court; review of final judgments and de- CreeS. 1000. Review by Supreme Court of final judgments and de- Crees of district Courts. . 1001. Transfer to district courts of cases pending in Com- merce Court; books, papers and other property of Commerce Court. 1002. Remand of cases in Supreme Court to district courts. 1003. Repeal. - 1004. Suits to be against United States; - ed States. 1005. Attorney General to control all cases; , appearance by Interstate Commerce Commission; intervention. 1006. Complainants; appearance. g 1007. Appéliate jurisdiction; Chinese-exclusion laws. 1008. Same; Yellowstone National Park. e 100g jurisdiction of crimes on Indian reservations in South Dakota. § 991. (Jud. Code, § 24, amended.) Original jurisdiction—The district Courts shall have original jurisdiction as follows: (1) United States plaintiffs; civil suits at com: mon law or in equity—First. Of all suits of a Civil nature, at common law or in equity, brought by the United States, or by any officer thereof authorized by law to sue, or between citizens of the same State claiming lands under grants from different States; or, where the matter in controversy exceeds, exclu- sive of interest and costs, the sum or value of three thousand dollars, and (a) arises under the Constitu- tion or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States, or (C) is be: tween citizens of a State and foreign States, citizens, or subjects. No district court shall have Cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any Subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless Such Suit might have been prosecuted in such court to recover upon said note or other chose in action if no assign- civil suits at COm- and trade- interstate commerce 1. intervention by Unit- Ch. 2) Ž 991 (18) THE JUDICIAL CODE ment had been made: Provided, however, That the foregoing provision as to the sum or value of the mat- ter in controversy shall not be construed to apply to any of the cases mentioned in the Succeeding para- graphs of this section. (R. S. §§ 563, 629. March 3, 1875, c. 137, § 1, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, c. 866, § 1, 25 Stat. 433. March 3, 1911, c. 231, § 24, 36 Stat. 1091.) (2) Crimes and offenses—Second. Of all Crimes and offenses cognizable under the authority of the United States. (R. S. § 563, pars. 1, 2, § 629, parS. 19, 20. March 3, 1875, c. 137, § 1, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, C. 866, § 1, 25 Stat. 433. March 3, 1911, c. 231, § 24, par. 2, 36 Stat. 1091.) (3) Admiralty causes, seizures, and prizes- Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen’s compensation law of any State; of all seizures on land or waters not With- in admiralty and maritime jurisdiction ; of all prizes brought into the United States; and of all proceed- ings for the condemnation of property taken as prize. (R. S. § 563, pars. 8, 9, § 629, par. 6. March 3, 1911, c. 231, § 24, par. 3, 36 Stat. 1091. Oct. 6, 1917, c. 97, § 1, 40 Stat. 395.) - (4) Suits under laws relating to slave trade- Fourth. Of all suits arising under any law relating to the slave trade. (R. S. § 629, par. 7. March 3, 1911, C. 231, § 24, par. 4, 36 Stat. 1092.) (5) Cases under internal revenue, customs, and tonnage laws—Fifth. Of all cases arising under any law providing for internal revenue, or from revenue from imports or tonnage, except those cases arising under any law providing revenue from imports, juris- diction of which has been conferred upon the Court of Customs Appeals. (R. S. § 563, par. 5, § 629, par. 4. March 3, 1911, c. 231, § 24, par. 5, 36 Stat. 1092.) (6) Suits under postal laws—Sixth. Of all CaS- es arising under the postal laws. (R. S. § 563, par. 7, § 629, par. 4. March 3, 1911, c. 231, § 24, par. 6, 36 Stat. 1092.) (7) Suits under patent, copyright, and trade- mark laws—Seventh. Of all suits at law. Or in equity arising under the patent, the copyright, and the trade- mark laws. (R. S. § 629, par. 9. March 3, 1911, C. 231, § 24, par. 7, 36 Stat. 1092.) - - (8) Suits for violation of interstate commerce laws—Eighth. Of all suits and proceedings arising , under any law regulating commerce, except those suits and proceedings exclusive jurisdiction of which has been Conferred upon the Commerce Court. (March 3, 1911, c. 231, § 24, par. 8, 36 Stat. 1092.) (9) Penalties and forfeitures—Ninth. Of all suits and proceedings for the enforcement of penalties and forfeitures incurred under any law of the United States. (R. S. § 563, pars. 3, 6, § 629, par. 5. March 3, 1911, c. 231, § 24, par. 9, 36 Stat. 1092.) (10) Suits on debantures—Tenth. Of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was orig- inally granted, or against any indorser thereof, to recover the amount of such debenture. (R. S. § 563, par. 10, § 629, par. 8. March 3, 1911, c. 231, § 24, par. 10, 36 Stat. 1092.) (11) Suits for injuries on account of acts done under laws of United States-Eleventh. Of all suits brought by any person to recover damages for any injury to his person or property on account of any act done by him, under any law of the United States, for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several States. (R. S. § 629, par. 12. March 3, 1911, c. 231, § 24, par. 11, 36 Stat. 1092.) COMP.ST.’18—9 [Page 129] (12) Suits concerning civil rights—Twelfth. Of all suits authorized by law to be brought by any per- Son for the recovery of damages on account of any in- jury to his person or property, Or Of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any con- Spiracy mentioned in Section nineteen hundred and eighty, Revised Statutes. (R. S. § 563, par. 11, § 629, par. 17. March 3, 1911, c. 231, § 24, par. 12, 36 Stat. 1092.) (13) Suits against persons having knowledge of conspiracy—Thirteenth. Of all suits authorized by law to be brought against any person Who, having knowledge that any of the wrongs mentioned in Sec- tion nineteen hundred and eighty, Revised Statutes, are about to be done, and, having power to prevent or aid in preventing the same, neglects or refuses so to dO, to recover damages for any Such wrongful act. (R. S. § 629, par. 18. March 3, 1911, c. 231, § 24, par. 13, 36 Stat. 1092) (14) Suits to redress deprivation of civil rights—Fourteenth. Of all suits at law or in equity authorized by law to be brought by any person to re- dress the deprivation, under color of any law, statute, Ordinance, regulation, Custom, or usage, Of any State, of any right, privilege, or immunity, secured by the Constitution of the United States, or of any right se- cured by any law of the United States providing for equal rights Of Citizens of the United States, or Of all persons within the jurisdiction of the United States. (R. S. § 563, par. 12, § 629, par. 16. March 3, 1911, c. 231, § 24, par. 14, 36 Stat. 1092.) (15) Suits to recover certain offices—Fifteenth. Of all suits to recover possession of any office, except that of elector of President or Vice President, Repre- Sentative in or Delegate to Congress, or member of a State legislature, authorized by law to be brought, Wherein it appears that the Sole question touching the title to such office arises out of the denial of the right to VOte to any Citizen Offering to vote, On account Of race, color, or previous condition of servitude: Provid- ed, That such jurisdiction shall extend only so far as to determine the rights Of the parties to Such Office by reason. Of the denial Of the right guaranteed by the Constitution of the United States, and secured by any law, to enforce the right of citizens of the United States to vote in all the States. (R. S. § 563, par. 13, § 629, par. 13. March 3, 1911, c. 231, § 24, par. 15, 36 Stat. 1092.) - (16) Suits against national-banking associal- tions—Sixteenth. Of all cases commenced by the United States, or by direction of any Officer thereof, against any national banking association, and Cases for winding up the affairs of any such bank; and Of all suits brought by any banking a SSOciation estab- lished in the district for which the COurt is held, un- der the provisions of title “National Banks,” Revised Statutes, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provid- ed by said title. And all national banking associa- tions established under the laws of the United States shall, for the purposes of all other actions by Or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located. (R. S. § 563, par. 15, § 629, pars. 10, 11. March 3, 1911, c. 231, § 24, par. 16, 36 Stat. 1092.) (17) Suits by aliens for torts—Seventeenth. Of all suits brought by any alien for a tort Only, in viola- tion of the laws of nations or of a treaty of the United States. (R. S. § 563, par. 16. March 3, 1911, c. 231, § 24, par. 17, 36 Stat. 1093.) * (18) Suits against consuls and vice consuls— Eighteenth. Of all suits against consuls and vice con- Suls. (R. S. § 563, par. 17. March 3, 1911, c. 231, § 24, par. 18, 36 Stat. 1093.) 3 991 (19) (Tit. 12C THE JUDICIAL CODE (19) Suits and proceedings in bankruptcy— Nineteenth. Of all matters and proceedings in bank- ruptcy. (R. S. § 563, par. 18. July 1, 1898, c. 541, §§ 2, 23, 30 Stat. 545, 552. March 3, 1911, c. 231, § 24, par. 19, 36 Stat. 1093.) - (20) Suits against United States—Twentieth. Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the COn- stitution of the United States or any law of Con- gress, or upon any regulation of an Executive De- partment, or upon any contract, express Or implied, with the Government of the United States, Or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the |United States were Suable, and Of all Set-Offs, COun- terclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever On the part of the Government of the United States against any claimant against the Government in Said Court: Provided, however, That nothing in this paragraph shall be construed as giving to either the district Courts or the Court of Claims jurisdiction to hear and determine claims growing out of the late Civil War, and commonly known as “war claims,” Or to hear and determine other claims which had been rejected or reported on adversely prior to the third day Of March, eighteen hundred and eighty-Seven, by any court, department, or commission authorized to hear and determine the same, Or to hear and determine claims for pensions; or as giving to the district Courts jurisdiction of cases brought to recover fees, Salary, or compensation for official services of officers of the United States or brought for Such purpose by per- sons claiming as such, officers or as assignees Or legal representatives thereof; but no suit pending On the twenty-seventh day of June, eighteen hundred and ninety-eight, shall abate or be affected by this provi- Sion: And provided further, That no suit against the Government Of the United States shall be allowed un- der this paragraph unless the same shall have been brought within six years after the right accrued for which the claim is made: Provided, That the claims of married women, first accrued during marriage, Of persons under the age of twenty-one years, first a C- crued during minority, and of idiots, lunatics, insane persons, and persons beyond the Seas at the time the claim accrued, entitled to the claim, shall not be bar- red if the Suit be brought within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. All Suits brought and tried under the provisions of this paragraph shall be tried by the court without a jury. (March 3, 1887, c. 359, § 1, 24 Stat. 505. June 27, 1898, c. 503, § 1, 30 Stat. 494. July 1, 1898, c. 546, § 3, 30 Stat. 649. Feb. 26, 1900, c. 25, 31 Stat. 33. March 3, 1911, c. 231, § 24, par. 20, 36 Stat. 1093.) (21) Suits for unlawful inclosure of public Iands—Twenty-first. Of proceedings in equity, by writ of injunction, to restrain Violations Of the provi- sions of laws of the United States to prevent the un- lawful inclosure of public lands; and it shall be suffi- cient to give the court jurisdiction if service of original process be had in any civil proceeding On any agent Or employee having charge or control of the inclosure. (Feb. 25, 1885, c. 149, § 2, 23 Stat. 321. March 3, 1911, c. 231, § 24, par. 21, 36 Stat. 1093.) (22) Suits under immigration and contract-la- bor laws-Twenty-second. Of all Suits and proceedings arising under any law regulating the immigration of aliens, or under the contract labor laws. (March 3, 1911, c. 231, § 24, par. 22, 36 Stat. 1093.) (23) Suits against trusts, monopolies, and un- lawful combinations—Twenty-third. Of all suits and proceedings arising under any law to protect IPage abide the judgment Of Said COurt. 130] & trade and Commerce against restraints and monopo- lies. (March 3, 1911, C. 231, § 24, par. 23, 36 Stat. 1093.) - - (24) Suits concerning allotments of land to Indians; decrees; appeal—Twenty-fourth. Of all actions, Suits, Or proceedings involving the right Of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty. . - And the judgment Or decree of any such Court in favor of any claimant to an allotment of land shall have the same effect, when properly Certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provi- Sion shall not apply to any lands now or heretofore held by either of the Five Civilized Tribes, the Os- age Nation of Indians, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right Of appeal shall be allowed to either party as in Other cases. (Märch 3, 1911, c. 231, § 24, par. 24, 36 Stat. 1094. Dec. 21, 1911, c. 5, 37 Stat. p. 46.) (25) Partition suits where United States is joint tenant—Twenty-fifth. Of suits in equity brought by any tenant in Common Or joint tenant for the partition of lands in cases where the United States is One Of Such tenants in Common or joint ten- ants, such suits to be brought in the district in which such land is situate. (May 17, 1898, c. 339, § 1, 30 Stat. 416. March 3, 1911, c. 231, § 24, par. 25, 36 Stat. 1094.) § 99 ia. Same; bills of interpleader by insur- ance comparaies—The district COurts Of the Unit- ed States shall have Original Cognizance to entertain Suits in equity begun by bills Of interpleader Where the same are filed by any insurance COmpany Or fra- ternal beneficiary society, duly verified, and where it is made to appear by such bill that one or more persons, being bona fide Claimants against Such COm- pany or society, reside within the jurisdiction of said Court ; that Such COmpany Or Society has made Or is- sued some policy Of insurance or certificate of mem- bership providing for the payment of a sum of mon- ey of at least $500 as insurance or benefits to a bene- ficiary or beneficiaries or to the heirs, next of kin, or legal representative Of the person insured or mem- ber; that two Or more adverse claimants, Citizens Of different States, are Claiming Or may claim to be en- titled to Such insurance Or benefits and that such company Or Society deposits the amount Of Such in- Surance or benefits with the clerk of said Court and In all Such Cases the Court shall have the power to issue its process for Said claimants, returnable at Such time as the said court or a judge thereof shall determine, which Shall be addressed to and Served by the United States marshals for the respective districts wherein said claimants reside or may be found ; to hear Said bill of interpleader and decide thereon a CCOrding to the practice in equity; to discharge Said Complainant from further liability upon the payment of said insur- ance Or benefit as directed by the COurt, less COm- plainant’s actual court costs; and shall have the pow- er to make such Orders and decrees as may be Suit- able and proper and to issue the necessary writs usual and customary in such cases for the purpose of car- rying out such orders and decrees: Provided, That in all cases where a beneficiary or beneficiaries are nam- ed in the policy of insurance or certificate of member- ship or where the same has been assigned and Writ- ten notice thereof shall have been given to the insur- ance company or fraternal benefit Society, the bill of interpleader shall be filed in the district where the beneficiary or beneficiaries may reside. (Feb. 22, 1917, c. 113, 39 Stat. 929.) ſº § 992. Commerce Court; abolished; jurisdic- tion transferred to district courts; additional circuit judges of Commerce Court continued--'The Commerce Court, created and established by the Act Ch. 2) a 998 THE JUDICIAL CODE IPage 131I entitled “An Act to create a Commerce Court and to amend the Act entitled “An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, and for other purposes,” approved June eighteenth, nineteen hun- dred and ten, is abolished from and after December thirty-first, nineteen hundred and thirteen, and the jurisdiction vested in said Commerce Court by said Act is transferred to and wested in the several dis- trict Courts of the United States, and all Acts or parts of Acts in so far as they relate to the establishment of the Commerce Court are repealed. Nothing here- in contained shall be deemed to affect the tenure of any of the judges now acting as circuit judges by ap- pointment under the terms of said Act, but such judges shall continue to act under assignment, as in the said Act provided, as judges of the district courts and circuit courts of appeals; and in the event of and on the death, resignation, or removal from Office Of any of such judges, his office is hereby abolished and no successor to him shall be appointed. (Oct. 22, 1913, C. 32, 38 Stat. 219.) - § 993. (Jud. Code, § 207.) Same; jurisdiction —The Commerce Court shall have the jurisdiction pos- sessed by circuit courts of the United States and the judges thereof immediately prior to June eighteenth, nineteen hundred and ten, over all cases of the fol- lowing kinds: First. All cases for the enforcement, otherwise than by adjudication and Collection of a forfeiture Or pen- alty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission. Other than for the payment of money. Second. Cases brought to enjoin, Set aside, annul, or suspend in whole Or in part any Order of the Inter- state Commerce Commission. - Third. Such cases as by section three of the Act entitled “An Act to further regulate commerce with foreign nations and among the States,” approved Feb- ruary nineteenth, nineteen hundred and three, are au- thorized to be maintained in a circuit Court of the United States. Fourth. All Such mandamus proceedings as under the provisions of section twenty or section twenty- three of the Act entitled “An Act to regulate Com- merce,” approved February fourth, eighteen hundred and eighty-seven, as amended, are authorized to be maintained in a circuit Court Of the United States. Nothing contained in this chapter shall be construed as enlarging the jurisdiction now possessed by the Circuit Courts Of the United States Or the judges there- of, that is hereby transferred to and Wested in the Commerce Court. - . The jurisdiction of the Commerce Court over cases of the foregoing classes shall be exclusive; but this chapter shall not affect the jurisdiction possessed by any circuit or district court of the United States over cases or proceedings of a kind not within the above- enumerated classes. (June 18, 1910, c. 309, § 1, 36 Stat. 539. March 3, 1911, c. 231, § 207, 36 Stat. 1148.) - See § 992. * § 994. Venue of suits relating to orders of Interstate Commerce Commission—The venue Of any suit hereafter brought to enforce, suspend, or set aside, in whole or in part, any order of the In- terstate Commerce Commission shall be in the judi- cial district wherein is the residence of the party or any of the parties upon whose petition the Order was made, except that where the Order does not relate to transportation Or is not made upon the petition of any party the venue shall be in the district where the matter Complained of in the petition before the commission arises, and except that where the Order does not relate either to transportation Or to a mat- ter so complained of before the commission the mat- ter covered by the Order shall be deemed to arise in the district where One of the petitioners in Court has either its principal office or its principal Operating office. In case such transportation relates to a through shipment the term “destination” shall be con- Strued as meaning final destination of such shipment. (Oct. 22, 1913, c. 32, 38 Stat. 219.) § 995. Procedure where jurisdiction was transferred from Cornmerce Court—The procedure in the district courts in respect to cases of which jurisdiction is conferred upon them by this Act shall be the same as that heretofore prevailing in the Commerce Court. The Orders, writs, and processes Of the district courts may in these cases run, be Served, and be returnable anywhere in the United States; and the right of appeal from the district Courts in Such cases shall be the same as the right Of appeal heretofore prevailing under existing law from the Commerce Court. (Oct. 22, 1913, c. 32, 38 Stat. 220.) . § 996. (Jud. Code, § 209.) Commerce Court; jurisdiction; practice and procedure—The jurisdic- tion of the Commerce Court shall be invoked by filing in the Office of the clerk of the court a written petition Setting forth briefly and succinctly the facts constitut- ing the petitioner’s cause of action, and specifying the relief sought. A copy of such petition shall be forth- With served by the marshal or a deputy marshal of the Commerce Court or by the proper United States mar- Shal Or deputy marshal upon every defendant therein Inamed, and when the United States is a party defend- ant, the Service shall be made by filing a copy of said petition in the office of the Secretary of the In- terstate Commerce Commission and in the Depart- ment of Justice. Within thirty days after the peti- tion is served, unless that time is extended by Order Of the court or a judge thereof, an answer to the petition shall be filed in the clerk’s office, and a copy thereof mailed to the petitioner's attorney, which an- Swer shall briefly and categorically respond to the allegations of the petition. No replication need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting forth a cause Of action Or defense must be taken at the final hear- ing Or by motion to dismiss the petition based on Said grounds, which motion may be made at any time before answer is filed. In case no answer shall be filed as provided herein the petitioner may apply to the Court on notice for such relief as may be prop- er upon the facts alleged in the petition. The Court. may, by rule, prescribe the method of taking evidence in cases pending in said court; and may prescribe that the evidence be taken before a single judge of the Court, with power to rule upon the admission. Of evidence. Except as may be otherwise provided in this chapter, or by rule of the court, the practice and procedure in the Commerce Court shall conform as nearly as may be to that in like cases in a district court of the United States. (June 18, 1910, c. 309, § 1, 36 Stat. 539. March 3, 1911, c. 231, § 209, 36 Stat. 1149.) - § 997. (Jud. Code, § 208.) Same; Suits as or- ders of Enterstate Commerce Commission to be against United States—Suits to enjoin, set aside, annul, Or SuSpend any Order Of the Interstate Com- merce Commission shall be brought in the Commerce Court against the United States. The pendency of such suit shall not of itself stay or suspend the op- eration of the order of the Interstate Commerce Com- mission; but the Commerce Court, in its discretion, may restrain or Suspend, in whole or in part, the op- eration of the Commission's Order pending the final hearing and determination of the suit. (June 18, 1910, c. 309, § 3, 36 Stat. 542. March 3, 1911, c. 231, § 208, 36 Stat. 1149.) - § 998. Interlocutory injunctions as to orders of Interstate Commerce Commission; appeal to Supreme Court—No interlocutory injunction Suspend- ing or restraining the enforcement, operation, or exe- cution of, or setting aside, in whole Or in part, any order made or entered by the Interstate Commerce Commission shall be issued or granted by any dis- trict court of the United States, Or by any judge & 999 (Tit. 12C THE JUDICIAL CODE IPage 132] thereof, or by any circuit judge acting as district judge, unless the application for the same shall be presented to a circuit or district judge, and shall be heard and determined by three judges, of whom at least One shall be a circuit judge, and unless a ma- jority of said three judges shall concur in granting such application. When such application as afore- said is presented to a judge, he shall immediately call to his assistance to hear and determine the ap- plication two other judges. Said application shall not be heard Or determined before at least five days’ notice of the hearing has been given to the Interstate Commerce Commission, to the Attorney General of the United States, and to such other persons as may be defendants in the suit: Provided, That in cases where irreparable damage would Otherwise ensue to the petitioner, a majority of said three judges concur- ring, may, On hearing, after not less than three days’ notice to the Interstate Commerce Commission and the Attorney General, allow a temporary stay or sus- pension, in whole or in part, of the operation of the Order Of the Interstate Commerce Commission for not more than sixty days from the date of the Order of said judges pending the application for the Order or injunction, in which Case the said Order shall contain a specific finding, based upon evidence sub- mitted to the judges making the order and identified by reference thereto, that such irreparable damage would result to the petitioner and specifying the na- ture Of the damage. The Said judges may, at the time of hearing such application, upon a like finding, continue the temporary stay or suspension in whole or in part until decision upon the application. The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration Of the notice hereinbefore provided for. An appeal may be taken direct to the . Supreme Court of the United States from the Order granting or denying, after notice and hearing, an interlocutory injunction, in such case if such appeal be taken within thirty days after the Order, in respect to which complaint is made, is granted or refused; and upon the final hearing of any suit brought to suspend or set aside, in whole or in part, any order of said commission the same requirement as to judges and the same pro- cedure as to expedition and appeal shall apply. (Oct. 22, 1913, c. 32, 38 Stat. 220.) § 999. (Jud. Code, § 210.) Commerce Court; review of final judgments and decrees—A, final judgment or decree of the Commerce Court may be reviewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an ag- grieved party within sixty days after the entry of said final judgment Or deCree. Such appeal may be taken in like manner as appeals from a district Court of the United States to the Supreme Court, and the Commerce Court may direct the Original record to be transmitted on appeal instead of a transcript thereof. The Supreme Court may affirm, reverse, or modify the final judgment or decree of the Com- merce Court as the case may require. Appeal to the Supreme Court, however, shall in no case Supersede or stay the judgment or decree of the Commerce Court appealed from, unless the Supreme Court or a justice thereof shall so direct; and appellant shall give bond in such form and of such amount as the Supreme Court, or the justice of that court allowing the stay, may require. An appeal may also be taken to the Supreme Court Of the United States from an interlocutory. Order or decree Of the Commerce Court granting or continuing an injunction restraining the enforcement Of an Order Of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Appeals to the Supreme Court under this section shall have priority in hearing and determination over all other causes except criminal causes in that court. (June 18, 1910, c. 309, § 2, 36 Stat. 542. , March 3, 1911, c. 231, § 210, 36 Stat. 1150. - See § 995. - § 1000. Review by Supreme Court of final judgments and decrees of district courts—A final judgment or decree of the district court may be re- viewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an ag- grieved party within sixty days after the entry of such final judgment Or decree, and such appeals may be taken in like manner as appeals are taken under existing law in equity cases. And in such case the notice required shall be served upon the defendants in the case and upon the attorney general Of the State. (Oct. 22, 1913, c. 32, 38 Stat. 220.) . - § 1001. Transfer to district courts of cases pending in Commerce Court; books, papers and other property of Commerce Court—All cases pending in the Commerce Court at the date of the passage of this Act shall be deemed pending in and be transferred forthwith to said district Courts except cases which may previously have been submitted to that court for final decree and the latter to be trans- ferred to the district Courts if not decided by the Commerce Court before December first, nineteen hun- dred and thirteen, and all cases wherein injunctions or Other Orders or decrees, mandatory or otherwise, have been directed or entered prior to the abolition Of the said Court shall be transferred forthWith to said district courts, which shall have jurisdiction to proceed there with and to enforce said injunctions, Or- ders, or decrees. Each of said cases and all the rec- ords, papers, and proceedings shall be transferred to the district Court wherein it might have been filed at the time it was filed in the Commercé Court if this Act had then been in effect; and if it might have been filed in any One of two Or more district Courts it shall be transferred to that One Of Said district Courts which may be designated by the petitioner or peti- tioners in said case, or, upon failure of said petition- ers to act in the premises within thirty days after the passage of this Act, to such one of said district Courts as may be designated by the judges of the Commerce Court. The judges of the Commerce Court shall have authority, and are hereby directed, to make any and all orders and to take any other ac- tion necessary to transfer as aforesaid the cases and all the records, papers, and proceedings then pending in the Commerce Court to said district courts. All administrative books, dockets, files, and all papers of the Commerce Court not transferred as part of the record of any particular case shall be lodged in the Department of Justice. All furniture, carpets, and other property of the Commerce Court is turned over to the Department of Justice and the Attorney Gen- eral is authorized to supply such portion thereof as in his judgment may be proper and necessary to the United States Board of Mediation and Conciliation. (Oct. 22, 1913, c. 32, 38 Stat. 221.) § 1002. Remand of cases in Supreme Court to district courts—Any case hereafter remanded from the Supreme Court which, but for the passage of this Act, Would have been remanded to the Commerce Court, shall be remanded to a district Court, desig- nated by the Supreme Court, wherein it might have been instituted at the time it was instituted in the Commerce Court if this Act had then been in effect, and thereafter Such district court shall take all necessary and proper proceedings in Such Case in a C- Cordance with law and such mandate, order, or de- Cree therein as may be made by said Supreme Court. (Oct. 22, 1913, c. 32, 38 Stat. 221.) § 1003. Repeal—All laws or parts of laws incon- Sistent with the foregoing provisions relating to the Commerce Court, are repealed. (Oct. 22, 1913, c. 32, 38 Stat. 221.) § 1004. (Jud. Code, § 211.) Suits to be against United States; intervention by United States—All Cases and proceedings in the Commerce Ch. 3) 3 1010 THE JUDICIAL CODE - Court which but for this chapter would be brought by or against the Interstate Commerce Commission, shall be brought by or against the United States, and the Jnited States may intervene in any case or proceeding in the Commerce Court whenever, though it has not been made a party, public interests are involved. (June 18, 1910, c. 309, § 4, 36 Stat. 542. March 3, 1911, c. 231, § 211, 36 Stat. 1150.) § 1005. (Jud. Code, § 212.) . Attorney General to control all cases; appearance by Interstate Commerce Commission; intervention—The Attor- ney General shall have charge and control of the in- terests of the Government in all cases and proceed- ings in the Commerce Court, and in the Supreme Court of the United States upon appeal from the Commerce Court. If in his opinion the public interest requires it, he may retain and employ in the name of the United States, within the appropriations from time to time made by the Congress for such purposes, such Spe- cial attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent upon him and his subordinate at- torneys; and the Attorney General shall stipulate With such special attorneys and counsel the amount Of their compensation, which shall not be in excess of the Sums appropriated therefor by Congress for Such purposes, and shall have supervision of their action: Provided, That the Interstate Commerce Commission and any party or parties in interest to the proceeding before the commission, in which an order or requirement is made, may appear as parties thereto of their OWI) mo- tion and as of right, and be represented by their COun- sel, in any suit wherein is involved the validity of such order or requirement or any part thereof, and the in- terest of such party; and the court wherein is pend- ing such suit may make all such rules and Orders as to such appearances and representations, the number of counsel, and all matters of procedure, and Other- wise; as to subserve the ends of justice and speed the determination of such suits: Provided further, That communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Interstate Commerce Commission, or in any suit which may be brought by any One under the provisions of this chapter, or the Acts of which it is amendatory or which are amendatory of it, re- lating to action of the Interstate Commerce Commis- sion, may intervene in said suit or proceedings at any time after the institution thereof; and the Attorney General shall not dispose of or discontinue said Suit or proceeding over the objection of such party or in- tervener aforesaid, but said intervenor or intervenors may prosecute, defend, Or Continue Said Suit Or pro- ceeding unaffected by the action or non-action of the Attorney General therein. (June 18, 1910, C. 309, § 5, 36 Stat. 543. March 3, 1911, c. 231, $ 212, 36 Stat. 1150.) . § 1006. (Jud. Code, § 213.) Complainants; ap- pearance—Complainants before the Interstate Com- merce Commission interested in a Case shall have the right to appear and be made parties to the Case and be represented before the courts by counsel, under such regulations as are now permitted in Similar Cir- Cumstances under the rules and practice Of equity courts of the United States. (June 18, 1910, c. 309, § 5, 36 Stat. 543. March 3, 1911, c. 231, § 213, 36 Stat. 1151.) § 1007. (Jud. Code, § 25.) Appellate jurisdic- tion; Chinese-exclusion laws—The district Courts shall have appellate jurisdiction of the judgments and Orders of United States commissioners in cases arising under the Chinese exclusion laws. (March 3, 1911, C. 231, § 25, 36 Stat. 1094.) § 1008. (Jud. Code, § 26.) Same; Yellowstone National Park—The district court for the dis- trict of Wyoming shall have jurisdiction of all felo- nies Committed within the Yellowstone National Park and appellate jurisdiction of judgments in cases of Conviction before the commissioner 'authorized to be [Page 1.33I - - appointed under section five of an Act entitled “An Act to protect the birds and animals in Yellowstone National Park, and to punish crimes in said Park, and for other purposes,” approved May seventh, eight- een hundred and ninety-four. (March 3, 1911, c. 231, § 26, 36 Stat. 1094.) - & § 1009. (Jud. Code, § 27.) Jurisdiction, of crimes on Indian reservations in South Dakota— The district court of the United States for the district Of South Dakota shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the Crime of mur- der, Imanslaughter, rape, assault with intent to kill, arson, burglary, larceny, or assault With a dangerous Weapon, committed within the limits of any Indian reservation in the State of South Dakota. (Feb. 2, 1903, c. 351, 32 Stat. 793. March 4, 1909, c. 321, § 329, 35 Stat. 1151. March 3, 1911, c. 231, § 27, 36 Stat. 1094.) Chapter Three—District Courts—Re- Sec. moval of Causes 1010. Removal of suits from State courts. 1011. Same; procedure. - 1012. Same; suits under grants of land from different States. 1013. Same; causes against persons dénied civil rights. 1014. Same; petitioner in actual custody of State court. 1015. Same; suits and prosecutions against revenue Officers. 1016. Same; suits by aliens. - - 1017. Same; copies of records refused by clerk of State court. 1018. Same; previous attachment bonds or orders. . . 1019. Same; dismissal or remand. 1020. Same; proceedings in suits removed. 1021. Same; record; filing and return. § 1010. (Jud. Code, § 28, amended.) Removal of suits from State courts—Any suit Of a civil na- ture, at law or in equity, arising under the Constitu- tion or laws of the United States, or treaties made, Or which shall be made, under their authority, Of which the district courts of the United States are given orig- inal jurisdiction by this title, which may now be pend- ing or which may hereafter be brought, in any State court, may be removed by the defendant or defendants therein to the district Court Of the United States for . the proper district. Any other suit of a civil nature, at law or in equity, of which the district Courts of the United States are given jurisdiction by this title, and which are now pending or which may hereafter be brought, in any State court, may be removed into the district court of the United States for the proper district by the defendant or defendants therein, be- ing nonresidents of that State. And when in any Suit mentioned in this section there shall be a con- troversy which is wholly between Citizens of different States, and which can be fully determined as between them, then either One or more of the defendants ac- tually interested in such controversy may remove said Suit into the district Court of the United States for the proper district. And where a suit is now pending, or may hereafter be brought, in any State court, in which there is a COntroversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another State, may remove such suit into the district Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to ap- pear to said district court that from prejudice or local influence he will not be able to obtain justice in such State Court, Or in any other State Court to which the said defendant may, under the laws of the State, have the right, on account Of Such prejudice or local influ- ence, to remove said cause: , Provided, That if it fur- ther appear that said suit can be fully and justly de- termined as to the other defendants in the State court, without being affected by such prejudice or local in- fluence, and that no party to the suit will be prejudic- ed by a separation of the parties, said district court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be pro- ceeded with therein. At any time before the trial of 3 1011 (Tit. 12c THE JUDICIAL CODE IPage 134] any suit which is now pending in any district court, Or may hereafter be entered therein, and which has been removed to said court from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the district cour & shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in said State court, it shall Cause the Same to be remanded theretO. When- ever any cause shall be removed from any State court into any district court of the United States, and the district Court shall decide that the Cause was improp- erly removed, and Order the same to be remanded to the State Court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the dis- trict Court SO remanding Such cause Shall be allowed: Provided, That no case arising under an Act entitled “An Act relating to the liability of common carriers by railroad to their employees in Certain Cases,” ap- proved April twenty-second, nineteen hundred and eight, or any amendment thereto, and brought in any State Court Of COImpetent jurisdiction shall be remov- ed to any court of the United States. And provided further, That no suit brought in any State court of competent jurisdiction against a railroad company, or other corporation, or person, engaged in and carrying on the business of a common carrier, to recover dam- ages for delay, loss of, or injury to property received for transportation by such common carrier under sec- tion twenty of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, as amended June twenty-ninth, nineteen hundred and six, April thirteenth, nineteen hundred and eight, February twenty-fifth, nineteen hundred and nine, and June eighteenth, nineteen hundred and ten, shall be removed to any court of the United States where the matter in Controversy does not exceed, exclusive of interest and costs, the sum or value of $3,000. (March 3, 1875, c. 137, § 2, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, c. 866, 25 Stat. 433. April 5, 1910, c. 143, § 1, 36 Stat. 291. March 3, 1911, c. 231, § 28, 36 Stat. 1094. Jan. 20, 1914, c. 11, 38 Stat. 278.) § 1011. (Jud. Code, § 29.) Same; procedure— Whenever any party entitled to remove any suit men- tioned in the last preceding section, except Suits re- movable On the ground of prejudice or local influence, may desire to remove such suit from a State Court to the district Court of the United States, he may make and file a petition, duly verified, in such suit in such State Court at the time, Or any time before the defend- ant is required by the laws of the State or the rule of the State Court in which such suit is brought to answer. Or plead to the declaration or Complaint Of the plaintiff, for the removal of such suit into the dis- trict Court to be held in the district where Such Suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their enter- ing in such district court, within thirty days from the date of filing said petition, a Certified copy of the rec- ord in such suit, and for paying all costs that may be awarded by the said district court if said district Court shall hold that such suit was wrongfully or improper- ly removed thereto, and also for their appearing and entering special bail in Such Suit if special bail was originally requisite therein. It shall then be the duty of the State court to accept said petition and bond and proceed no further in such suit. Written notice of said petition and bond for removal shall be given the adverse party or parties prior to filing the same. The said copy being entered within said thirty days as aforesaid in said district court of the United States, the parties so removing the said cause shall, within thirty days thereafter, plead, answer, or demur to the declaration or complaint in Said cause, and the Cause Shall then proceed in the same manner as if it had been Originally commenced in the said district court. (March 3, 1875, c. 137, § 3, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, c. 866, ić, º Stat. 434. March 3, 1911, c. 231, § 29, 36 Stat. 1095. - - § 1012. (Jud. Code, § 30.) Same; suits under grants of land from different States—If in any ac- tion commenced in a State court the title of land be Concerned, and the parties are citizens of the same tate and the matter in dispute exceeds the sum or Value Of three thousand dollars, exclusive of interest and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim, and shall rely upon, a right Or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it Out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right Or title to the land under a grant from some other State, the party or parties so required shall give such infor- mation, or otherwise not be allowed to plead such grant or give it in evidence upon the trial. If he or they inform the court that he or they do claim un- der such grant, any one or more Of the party moving for such information may then, On petition and bond, as hereinbefore mentioned in this chapter, remove the cause for trial to the district Court of the United States next to be holden in such district; and any One of either party removing the Cause shall not be al- lowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim. (R. S. § 647. March 3, 1875, c. 137, § 3, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, c. 866, § 1, 25 Stat. 435. March 3, 1911, c. 231, § 30, 36 Stat. 1096.) - § 1013. (Jud. Code, § 31.) Same; causes against persons denied civil rights-When any civil suit or criminal prosecution is commenced II]. any State court, for any cause whatsoever, against any person who is denied or can not enforce in the judicial tribunals of the State, or in the part Of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, Or "other person, for any arrest or imprisonment or other trespasses or wrongs made or committed by Virtue Of or under color of authority derived from any law providing for equal rights as aforesaid, or for refus- ing to do any act on the ground that it Would be inconsistent with such law, such suit or prosecution may, upon the petition of such defendant, filed in Said State court at any time before the trial or final hearing of the cause, stating the facts and Verified by oath, be removed for trial into the next district Court to be held in the district where it is pending. Upon the filing of such petition all further proceedings in the State courts shall cease, and shall not be resurn- ed except as hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. It shall be the duty of the clerk of the State court to furnish such defendant, petitioning for a removal, copies of said process against him, and of all pleadings, depositions, testimony, and other pro- ceedings in the case. If such copies are filed by Said petitioner in the district court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by Original process; and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the case in the district court, and the Said court shall then have, jurisdiction therein, and may, # Ch. 3) ź 1018 THE JUDICIAL CODE [Page 135I upon proof of such refusal or neglect of Said Clerk, and upon reasonable notice to the plaintiff, require the plaintiff to file a declaration, petition, or Com- plaint in the cause; and, in Case of his default, may order a nonsuit, and dismiss the Case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of Said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file COpies in the district Court, as herein provided, a certificate, under the seal of the district court, stating such failure, shall be given, and upon the production thereof in said State Court the Cause shall proceed therein as if no petition for removal had been filed. (R. S. § 641. March 3, 1911, c. 231, § 31, 36 Stat. 1096.) - § 1014. (Jud. Code, § 32.) Same; petitioner in actual custody of State court—When all the acts necessary for the removal of any suit or proSecu- tion, as provided in the preceding section, have been performed, and the defendant petitioning for Such removal is in actual custody on process issued by Said State Court, it shall be the duty of the Clerk of Said district court to issue a writ of habeas COI'- puS Cum Causa, and Of the marshal, by virtue of Said Writ, to take the body of the defendant into his cus- tody, to be dealt with in Said district Court according to law and the orders of said Court, Or, in vacation, Of any judge thereof; and the marshal shall file With Or deliver to the clerk of said State Court a du- plicate copy of said writ. (R. S. § 642. March 3, 1911, c. 231, § 32, 36 Stat. 1097.) § 1015. (Jud. Code, § 33, amended.) Same; suits and prosecutions against revenue officers— When any civil suit or criminal prosecution is com- Imenced in any Court of a State against any Officer appointed under or acting by authority of any rev- enue law Of the United States now Or hereafter enact- ed, or against any person acting under or by authority Of any such officer, on account of any act done under Color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or Other person under any such law, or is commenced against any person holding property or estate by title derived from any such officer and affects the validity Of any Such revenue law, or against any officer of the COUrts of the United States for or on account of any act done under color of his office or in the perform- ance of his duties as such officer, or when any civil suit or criminal prosecution is commenced against any person for or On account of anything done by him while an officer of either House of Congress in the discharge Of his official duty in executing any Order of such House, the said suit or prosecution may at any time before the trial or final hearing thereof be re- moved for trial into the district court next to be holden in the district where the same is pending upon the petition of such defendant to said district court and in the following manner: Said petition shall set forth the nature Of the Suit Or prosecution and be verified by affidavit and, together with a cer- tificate signed by an attorney or counselor at law of Some court of record of the State where Such Suit or prosecution is commenced or of the United States stating that, as counsel for the petitioner, he has examined the proceedings against him and Careful- ly inquired into all the matters set forth in the pe- tition, and that he believes them to be true, Shall be presented to the said district court, if in Session, or if it be not, to the clerk thereof at his office, and Shall be filed in Said Office. The cause shall thereup- On be entered On the dOcket Of the district COurt and Shall proceed as a cause Originally COmmenced in that COUlrt; but all bail and Other Security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judg- ment and execution in the State COUlrt. When the Suit is commenced in the State court by summons, brought in said district court. subpoena, petition, or any other process except ca- pias, the clerk of the district court shall issue a Writ Of Certiorari to the State Court requiring it to Send to the district Court the record and the proceedings in the cause. When it is commenced by capias or by any other similar form of proceeding by which a personal arrest is ordered, he shall issue a writ Of habeas Corpus cum causa, a duplicate of which Shall be delivered to the clerk Of the State Court Or left at his office by the marshal of the district or his deputy or by some other person duly authorized thereto; and thereupon it shall be the duty of the State Court to stay all further proceedings in the Cause, and the Suit or prosecution, upon delivery of Such process, Or leaving the same as aforesaid, Shall be held to be removed to the district court, and any further proceedings, trial, or judgment therein in the State court shall be void. If the de- fendant in the suit or prosecution be in actual cus- tody. On mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas cor- puS Clim Causa, to take the body of the defendant into his custody, to be dealt with in the cause ac- COrding to law and the order of the district COUrt, Or, in Vacation, of any judge thereof; and if, upon the removal of such suit or prosecution, it is made to appear to the district court that no Copy of the record and proceedings therein in the State court can be obtained, the district court may allow and require the plaintiff to proceed de novo and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions Originally e On failure of the plaintiff SO to proceed, judgment of non proSequitur may be rendered against him, with costs for the defendant. (R. S. § 643. March 3, 1875, c. 130, § 8, 18 Stat. 401. Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. March 3, 1911, c. 231, § 33, 36 Stat. 1097. Aug. 23 1916, c. 399, 39 Stat. 532.) 3. § 1016. (Jud. Code, § 34.) Same; suits by aliens-Whenever a personal action has been Or Shall be brought in any State court by an alien against ºny Citizen of a State who is, or at the time the ai. leged action accrued WaS, a civil officer of the United States, being a non-resident of that State wherein jurisdiction is obtained by the State Court, by per- sonal Service of process, such action Imay be removed into the district court of the United States in and for the district in which the defendant shall have been Served With the process, in the same manner as now provided for the removal of an action brought in a State Court by the provisions of the preceding sec- tion. (R. S. § 644. March 3, 1911, c. 231, § 34, 36 Stat. 1098.) § 1917. (Jud. Code, § 35.) Same; copies of records refused by clerk of State court-In any Case Where a party is entitled to copies of the red. Qrds and proceedings in any suit or prosecution in a State court, to be used in any COurt Of the United States, if the clerk of said State court, upon demand, and the payment or tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in Which such records and proceedings are needed Inay, On proof by affidavit that the clerk of said State court has refused or neglected to deliver copies thereof, on demand as aforesaid, direct such record to be sup- plied by affidavit or otherwise, as the circumstances of the case may require and allow; and thereupon Such proceeding, trial, and judgment may be had in the said court of the United States, and all such pro- cesses awarded, as if Certified copies of such records and proceedings had been regularly before the said court. (R. S. § 645. March 3, 1911, c. 231, § 35, 36 Stat. 1098.) § 1018. (Jud. Code, § 36.) Same; previous at- tachment bonds or orders—When any suit shall be ź 1019 (Tit. 12c THE JUDICIAL CODE [Page 136] removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such Suit in the State court shall hold the goods or estate SO attached Or sequestered to answer the final judg- ment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which Said Suit was commenced. All bonds, undertakings, or Security given by either party in such suit prior to its removal shall remain valid and effectual notwith- Standing said removal; and all injunctions, orders, and Other proceedings had in such suit prior to its removal shall remain in full force and effect until dis- solved or modified by the court to which such suit shall be removed. (R. S. § 646. March 3, 1875, c. 137, § 4, 18 Stat. 471. March 3, 1911, c. 231, § 36, 36 Stat. 1098.) § 1019. (Jud. Code, § 37.) Same; dismissal or remand—If in any suit commenced in a district Court, or removed from a State court to a district court of the United States, it shall appear to the satisfaction Of the said district court, at any time after Such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of Said district Court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of Creating a case Cognizable or removable under this Chapter, the said district court shall proceed no fur- ther therein, but shall dismiss the Suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just. (March 3, 1875, c. 137, § 5, 18 Stat. 472. March 3, 1887, c. 373, § 6, 24 Stat. 555. Aug. 13, 1888, c. 866, § 6, 25 Stat. 436. March 3, 1911, c. 231, § 37, 36 Stat. 1098.) § 1020. (Juid. Code, § 38.) Same; proceedings in suits removed—The district Court Of the United States shall, in all suits removed under the provi- sions of this chapter, proceed therein as if the suit had been Originally commenced in Said district Court, and the same proceedings had been taken in Such suit in said district court as shall have been had there- in in said State court prior to its removal. (March 3, 1875, c. 137, § 6, 18 Stat. 472. March 3, 1911, c. 231, § 38, 36 Stat. 1098.) - • . § 1021. (Juá. Code, § 39.) Same; record; fil- ing and retºrm---In all CauseS removable under this chapter, if the clerk of the State court in which any such cause shall be pending shall refuse to any One Or more of the parties or persons applying to remove the same, a COpy Of the record therein, after tender of legal fees for such copy, said clerk so offending shall, On conviction thereof in the district Court of the United States to which said action or proceeding was removed, be fined not more than One thousand dollars, or imprisoned not more than one year, or both. The district Court to which any cause shall be removable under this Chapter Shall have power to issue a Writ of certiorari to said State court commanding said State court to make return of the record in any Süch cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this chapter for the removal of the same, and enforce said writ according to law. If it shall be impossible for the parties or persons removing any cause under this chapter, or comply- ing with the provisions for the removal thereof, to Obtain such Copy, for the reason that the clerk Of Said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the district court- shall make an order requiring the prosecutor in any Such action Or proceeding to enforce forfeiture or recover penalty, as aforesaid, to file a copy of the paper or proceeding by which the same was com- menced, within such time as the court may deter- mine ; and in default thereof the Court shall dismiss the said action or proceeding; but if said order shall be complied with, then said district court shall re- Quire the Other party to plead, and said action or pro- Ceeding Shall proceed to final judgment. The said dis- trict Court may make an order requiring the parties theretO to plead de novo; and the bond given, condi- tioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid. (March 3, 1875, c. 137, § 7, 18 Stat. 472. March 3, 1911, c. 231, $ 39, 36 Stat. 1099.) Chapter Four—District Courts—Mis- cellaneous Provisions Sec. 1022. Capital cases. 1023. Offenses on the high seas. 1024. Offenses begun in one district and completed in another. 1025. Suits for penalties and forfeitures. 1026. Suits for internal-revenue taxes. 1027. Seizures. 1028. Capture of insurrectionary property. 1029. Seizures. - 1030. Patent cases. 1031. Proceedings to enjoin Comptroller of Currency. 1032. When part of several defendants cannot be served. 1033. Civil Suits. - 1034. Suits in States containing more than one district. 1035. Districts containing more than one division; transfer of criminal cases. 1036. Suits of local nature. 1037. Property in different districts in same State. 1038. Property in different States in same circuit; jurisdic- tion of receiver. 1039. Absent defendants in suits to enforce liens, - 1040. Transfer of civil causes to another division of district. 1041. Creation of new district or division. 1042. Creation of new district, or transfer of territory; lien. 1043. Oaths to appraisers. 1044. Transfer of records to district court on admission of Territory. 1045. Delivery of records of territorial courts. 1046. Jurisdiction of cases transferred from, territorial courts. 1047. Management of property by receivers. 1048. Suits against receiver. 1049. Officers of courts. 1050. Masters or receivers. § 1022. (Jud. Code, § 40.) Capital cases—The trial of offenses punishable with death shall be had in the county where the Offense was committed, where that can be done without great inconvenience. (R. S. § 729. March 3, 1911, c. 231, § 40, 36 Stat. 1100.) § 1623. (Jud. Code, § 41.) Offenses on the high seas—The trial of all offenses Committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district where the Offender is found, or into which he is first brought. (R. S. § 730. March 3, 1911, c. 231, § 41, 36 Stat. 1100.) § 1024. (Jud. Code, § 42.) Offenses begun in one district and completed in another—When any offense against the United States is begun in One judicial district and completed in another, it shall be deemed to have been committed in either, and Imay be dealt with, inquired of, tried, determined, and pun- ished in either district, in the same manner as if it had been actually and wholly committed therein. (R. S. § 731. March 3, 1911, c. 231, § 48, 36 Stat. 1100.) - § 1025. (Jud. Code, § 43.) Suits for penalties and forfeitures—All pecuniary penalties and for- feitures may be sued for and recovered either in the district where they accrue or in the district where the Offender is found. (R. S. § 732. March 3, 1911, C. 231, § 43, 36 Stat. 1100.) § 1026. (Jud. Code, § 44.) Suits for internal- revenue taxes—Taxes a CCruing under any law pl’O- viding internal revenue may be sued for and recovered either in the district where the liability for such tax Occurs Or in the district where the delinquent re- sides. (R. S. $ 733. March 3, 1911, c. 231, § 44, 36 Stat. 1100.) § 1027. (Jud. Code, § 45.) Seizures—Proceed- ings on seizures made on the high seas, for forfeiture under any law of the United States, may be prosecut- ed in any district into which the property so seized is brought and proceedings instituted. Proceedings Ch. 4) § 1036 THE JUDICIAL CODE IPage 137] on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. (R. S. § 734. March 3, 1911, c. 231, § 46, 36 Stat. 1100.) § 1028. (Jud. Code, § 46.) Capture of insur- rectionary property—Proceedings for the condemna- tion of any property captured, whether on the high SeaS Or elsewhere Out Of the limits of any judicial district, or within any district, on account of its be- ing purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used Or employed, in aiding, abetting, Or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the OWner thereof, or with his consent, may be prosecut- ed in any district where the same may be seized, Or into which it may be taken and proceedings first in- Stituted. (R. S. § 735. March 3, 1911, c. 231, § 46, 36 Stat. 1100.) § 1029. (Jud. Code, § 47.) Seizures—Proceed- ings on seizures for forfeiture of any vessel or cargo entering any port Of entry which has been ClOSed by the President in pursuance of law, or of goods and Chattels coming from a State or section declared by proclamation Of the President to be in insurrection in- to other parts of the United States, or of any vessel Or Vehicle COnveying Such property, Or COnveying per- SOnS to Or from Such State or Section, Or of any VeS- Sel belonging, in whole or in part, to any inhabitant Of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted ; COUrt thereof shall have as full jurisdiction Over Such proceedings as if the seizure was made in that dis- trict. (R. S. § 564. March 3, 1911, c. 231, § 47, 36 Stat. 1100.) § 1030. (Jud. Code, Suits brought for the infringement of letters patent the district courts of the United States shall have jurisdiction, in law or in equity, in the district of Which the defendant is an inhabitant, or in any dis- trict in which the defendant, whether a person, part- nership, Or Corporation, Shall have Committed acts Of . infringement and have a regular and established place Of business. If such suit is brought in a dis- trict Of which the defendant is not an inhabitant, but in Which such defendant has a regular and estab- lished place of business, service of process, summons, OT Subpoena upon the defendant may be made by Service upon the agent Or agents engaged in conduct- ing such business in the district in which suit is brought. (March 3, 1897, c. 395, 29 Stat. 695. March 3, 1911, c. 231, § 48, 36 Stat. 1100.) § 1031. (Jud. Code, § 49.) Proceedings to en- join Comptroller of Currency—All proceedings by any national banking association to enjoin the COmp- troller of the Currency, under the provisions of any law relating to national banking associations, Shall be had in the district where Such association is locat- ed. (R. S. $ 736. March 3, 1911, c. 231, § 49, 36 Stat. 1100.) § 1032. (Jud. Code, § 50.) When part of sev- eral defendants can not be served—When there are several defendants in any suit at law or in equity, and one or more of them are neither inhabitants of nor found within the district in which the Suit is brought, and do not voluntarily appear, the Court may entertain jurisdiction, and proceed to the trial and adjudication of the Suit between the parties Who are properly before it; but the judgment or decree rendered therein shall not conclude Or prejudice Other parties not regularly served with process nor vol- untarily appearing to answer; and non-joinder of parties who are not inhabitants of nor found within the district, as aforesaid, shall not constitute matter Of abatement or objection to the Suit. (R. S. $ 737. March 3, 1911, c. 231, § 50, 36 Stat. 1101.) § 1033. (Jud. Code, § 51.) Civil suits—Except aS provided in the five succeeding sections, no per- and the district § 48.) Patent cases—In son shall be arrested in One district for trial in an- other, in any civil action before a district court; and, except as provided in the Six Succeeding sections, no Civil suit shall be brought in any district Court against any person by any original process or proceeding in any other district than that whereof he is an inhabit- ant; but where the jurisdiction is founded only On the fact that the action is between Citizens Of dif- ferent States, suit shall be brought only in the dis- trict Of the residence Of either the plaintiff or the defendant. (R. S. $ 739. March 3, 1875, c. 137, § 1, 18 Stat. 470. March 3, 1887, c. 373, § 1, 24 Stat. 552. Aug. 13, 1888, c. 866, § 1, 25 Stat. 433. March 3, 1911, c. 231, § 51, 36 Stat. 1101.) - § 1034. (jud. Code, § 52.) Suits in States containing more than oxne district—When a State contains more than One district, every Suit not Of a local nature, in the district Court thereof, against a single defendant, inhabitant of Such State, must be brought in the district where he resides; but if there are two or more defendants, residing in dif- ferent districts Of the State, it may be brought in either district, and a duplicate Writ may be issued against the defendants, directed to the marshal Of any other district in which any defendant resides. The clerk issuing the duplicate Writ Shall indorse thereon that it is a true Copy of a writ sued Out Of the court of the proper district; and such original and duplicate writs, when executed and returned into the Office from which they issue, shall constitute and be proceeded on as One Suit ; and upon any judg- ment or decree rendered theiſein, eXecution may be issued, directed to the marshal Of any district in the same State. (R. S. $ 740. March 3, 1881, c. 144, § 2, 21 Stat. 507. March 3, 1911, c. 231, § 52, 36 Stat. 1101.) § 1035. (Jud. Code, § 53.) Districts contain- ing more than one division; transfer of criminai cases—When a district contains more than one divi- sion, every suit not of a local nature against a single defendant must be brought in the division. Where he resides; but if there are two or more defendants re- siding in different divisions of the district it may be brought in either division. All mesne and final pro- cess subject to the provisions of this section may be served and executed in any or all Of the divisions of the district, or if the State contains more than One district, then in any of such districts, as provid- ed in the preceding section. All prosecutions for crimes Or Offenses shall be had within the division of such districts where the same were Committed, unless the Court, or the judge thereof, upon the ap- plication of the defendant, shall Order the cause to be transferred for prosecution to another division of the district. When a transfer is Ordered by the Court or judge, all the papers in the case, or certified copies thereof, shall be transmitted by the clerk, under the seal of the court, to the division to which the cause is SO Ordered transferred ; and thereupon the CauSe Shall be proceeded with in Said division in the Same manner as if the offense had been committed therein. In all cases of the removal of suits from the courts Of a State to the district COUrt Of the United States Such removal shall be to the United States district Court in the division in which the County is situated from which the removal is made; and the time With- in which the removal shall be perfected, in SO far as it refers to or is regulated by the terms of United States courts, shall be deemed to refer to the terms of the United States district court in such division. (June 2, 1906, c. 2569, § 2, 34 Stat. 207. March 5, 1910, c. 82, 36 Stat. 233. March 3, 1911, c. 231, § 53, 36 Stat. 1101.) § 1036. (Jud. Code, § 54.) Suits of loeal na- ture—In suits of a local nature, where the defendant resides in a different district, in the same State, from that in which the Suit is brought, the plaintiff may have Original and final process against him, directed to the marshal Of the district in Which he & 1037 (Tit. 12C THE JUDICIAL CODE [Page 1381 resides. (R. S. § 741. 36 Stat. 1102.) - § 1037. (Jud. Code, § 55.) Property in differ- ent districts in same State—Any suit of a local na- ture, at law or in equity, where the land or other subject-matter of a fixed character lies partly in one district and partly in another, within the same State, may be brought in the district court of either dis- trict; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject-matter were wholly within the district for which such Court is constituted. (R. S. § 742. March 3, 1911, c. 231, § 55, 36 Stat. 1102.) § 1038. (Jud. Code, § 56.) Property in differ- ent States in same circuit; jurisdiction of re- March 3, 1911, c. 231, § 54, ceiver—Where in any Suit in which a receiver shall be appointed the land or other property of a fixed char- acter, the subject of the suit, lies within different States in the same judicial circuit, the receiver SO appointed shall, upon giving bond as required by the court, immediately be vested with full jurisdiction and control Over all the property, the subject Of the suit, lying or being within such circuit; subject, how- ever, to the disapproval of such Order, within thirty days thereafter, by the circuit court of appeals for such circuit, or by a circuit judge thereof, after rea- Sonable notice to adverse parties and an opportunity to be heard upon the motion for such disapproval; and subject, also, to the filing and entering in the dis- trict court for each district of the circuit in which any portion of the property may lie or be, within ten days thereafter, of a duly certified copy of the bill and of the order of appointment. The disapproval of such appointment within such thirty days, or the failure to file such certified copy of the bill and Order of appointment within ten days, as herein required, shall divest such receiver of jurisdiction over all such property except that portion thereof lying or being within the State in which the Suit is brought. In any case coming within the provisions of this section, in which a receiver shall be appointed, process may issue and be executed within any district Of the Circuit in the same manner and to the same extent as if the property were wholly within the same district; but orders affecting such property shall be entered of record in each district in which the property affected may lie or be. (March 3, 1911, c. 231, § 56, 36 Stat. 1102.) - § 1039. (Jud. Code, § 57.) Absent defendants in suits to enforce liens—When in any suit com- menced in any district Court of the United States to enforce any legal or equitable lien upon or claim to, Or to remove any incumbrance or lien Or Cloud upon the title to real or personal property within the dis- trict where such suit is brought, one or more of the defendants therein shall not be an inhabitant of Or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the Court to make an Order directing Such absent defendant Or de- fendants to appear, plead, answer, or demur by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the per- son or persons in possession or charge of said prop- erty, if any there be ; or where such personal service upon Such absent defendant Or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a Week for Six COnSecutive Weeks. In case Such absent defendant shall not appear, plead, answer, or demur Within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order and Of the performance of the directions contained in the Same, it shall be lawful for the court to enter- tain jurisdiction, and proceed to the hearing and ad- judication of such suit in the same manner as if such absent defendant had been served with process with- in the Said district; but said adjudication Shall, as regards Said absent defendant or defendants without appearance, affect only the property which shall have been the Subject of the suit and under the jurisdiction . Of the Court therein, within such district; and when a part of the said real or personal property against Which Such proceedings shall be taken shall be with- in another district, but within the same State, such Suit may be brought in either district in said State: Provided, however, That any defendant or defendants not actually personally notified as above provided may, at any time within one year after final judgment in any Suit mentioned in this section, enter his ap- pearance in said suit in said district court, and there- upon the said court shall make an order setting aside the judgment therein and permitting said defendant Or defendants to plead therein on payment by him or them of Such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. (R. S. §§ 738, 742. March 3, 1875, c. 137, § 8, 18 Stat. 472. March 3, 1911, c. 231, § 57, 36 Stat. 1102.) - - § 1040. (Jud. Code, § 58.) Transfer of civil causes to another division of district—Any civil Cause, at law or in equity, may, on written stipulation Of the parties or of their attorneys of record signed and filed with the papers in the case, in vacation or in term, and on the written order of the judge signed and filed in the case in vacation or on the Order of the Court duly entered of record in term, be trans- ferred to the court of any other division of the same district, without regard to the residence of the de- fendants, for trial. When a cause shall be Ordered to be transferred to a court in any other division, it shall be the duty of the clerk of the Court from which the transfer is made to carefully transmit to the clerk Of the Court to Which the transfer is made the entire file of papers in the cause and all documents and de- posits in his court pertaining thereto, together with a certified transcript of the records of all orders, inter- locutory decrees, Or Other entries in the cause ; and he shall certify, under the Seal of the court, that the papers sent are all which are on file in said court belonging to the cause ; for the performance of which duties said clerk so transmitting and certifying shall receive the same fees as are now allowed by law for similar Services, to be taxed in the bill of COsts, and regularly Collected with the other costs in the cause ; and such transcript, when so certified and received, shall henceforth Constitute a part of the record Of the Cause in the COurt to which the transfer shall be made. The clerk receiving such transcript and orig- inal papers shall file the same and the case shall then proceed to final disposition as Other cases of a like nature. (Feb. 28, 1887, c. 271, § 4, 24 Stat. 425. June 2, 1906, c. 2569, § 1, 34 Stat. 206. March 3, 1911, c. 231, § 58, 36 Stat. 1103.) - § 1041. (Jud. Code, § 59.) Creation of new district or division—Whenever any new district or division has been or shall be established, or any county or territory has been or shall be transferred from one district or division to another district or division, prosecutions for Crimes and Offenses Committed with- in such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if Such new district or division had not been created, Or Such County Or territory had not been transferred, unless the court, upon the application of the defendant, Shall order the Cause to be removed to the new district or division for trial. Civil actions pending at the time of the creation of any such district or division, or the transfer of any such coun- ty or territory, and arising within the district or di- Vision so created Or the County or territory SO trans- ferred, shall be tried in the district or division as it existed at the time of the institution of the action, Or in the district or division so created, or to which the County or territory is or shall be so transferred, as may be agreed upon by the parties, or as the court Ch. 5) § 1050 THE JUDICIAL CODE [Page 139] shall direct. The transfer of such prosecutions and actions shall be made in the manner provided in the section last preceding. (March 3, 1911, c. 231, § 59, 36 Stat. 1103. Aug. 5, 1886, c. 928, § 7, 24 Stat. 309. March 2, 1901, c. 801, § 7, 31 Stat. 881. March 3, 1911, c. 231, § 60, 36 Stat. 1103.) - § 1042. (Jud. Code, § 60.) Creation of new dis- trict, or transfer of territory; lien—The creation of a new district or division, or the transfer of any County or territory from One district or division to an- other district or division, Shall not affect or divest any lien theretofore acquired in the circuit or district Court by virtue of a decree, judgment, execution, at- tachment, seizure, or otherwise, upon property situat- ed or being within the district or division so created, or the county or territory so transferred. To en- force any such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a true and certified copy of the record thereof, which, when SO made and certified, and filed in the proper Court Of the district or division in which such property is situated or shall be, after such transfer, shall con- stitute the record of such lien in such court, and shall be evidence in all courts and places equally with the Original thereof; and, thereafter like proceedings shall be had thereon, and with the same effect, as though the cause or proceeding had been Originally instituted in Such court. The provisions of this sec- tion shall apply not only in all cases where a dis- trict or division is created, or a county Or any terri- tory is transferred by this or any future Act, but also in all cases where a district or division has been created, or a county or any territory has been trans- ferred by any law heretofore enacted. (March 3, 1911, c. 231, § 60, 36 Stat. 1103.) § 1043. (Jud. Code, § 61.) Oaths to apprais- ers—Any district judge may appoint Commissioners, before whom appraisers of vessels or goods and mer- chandise seized for breaches of any law of the United States, may be sworn ; and such oaths, so taken, shall be as effectual as if taken before the judge in open court. (R. S. § 570. March 3, 1911, c. 231, § 61, 36 Stat. 1104.) § 1044. (Jud. Code, § 62.) Transfer of records to district court on admission of Territory—When any Territory is admitted as a State, and a district court is established therein, all the records of the proceedings in the several cases pending in the high- est Court of Said Territory at the time Of Such admis- sion, and all records of the proceedings in the several cases in which judgments or decrees had been ren- dered in Said territorial COurt before that time, and from which writs of error could have been sued Out or appeals could have been taken, or from which writs of error had been Sued Out Or appeals had been taken and prosecuted to the Supreme Court or to the circuit court of appeals, shall be transferred to and deposited in the district court for the said State. (R. S. § 567. March 3, 1911, c. 231, § 62, 36 Stat. 1104.) § 1045. (Jud. Code, § 63.) Delivery of records of territorial court—It shall be the duty of the dis- trict judge, in the case provided in the preceding section, to demand of the clerk, or other person hay- ing possession or custody of the records therein meià- tioned, the delivery thereof, to be deposited in Said district court; and in case of the refusal of such clerk or person to comply with such demand, the said district judge shall compel the delivery of such records by attachment or otherwise, according to law. (R. S. § 568. March 3, 1911, c. 231, § 63, 36 Stat. 1104.) § 1046. (Jud. Code, § 64.) Jurisdiction of cas- es transferred from territorial courts—When any Territory is admitted as a State, and a district court is established therein, the said district Court shall take cognizance of all cases which were pending and undetermined in the trial courts of such Territory, from the judgments or decrees to be rendered in assigned in the order of appointment. Which writs of error could have been sued out or ap- peals taken to the Supreme Court or to the circuit Court Of appeals, and shall proceed to hear and de- termine the same. (R. S. § 569. March 3, 1911, c. 231, § 64, 36 Stat. 1104.) - § 1047. (Jud. Code, § 65.) Management of property by receivers—Whenever in any cause pend- ing in any court of the United States there shall be a receiver Or manager in possession of any property, Such receiver or manager shall manage and operate Such property according to the requirements of the Valid laws of the State in which such property shall be situated, in the same manner that the owner or p0SSessOr thereof would be bound to do if in possession thereof. Any receiver or manager who shall willfully violate any provision of this section shall be fined not more than three thousand dollars, or imprisoned not more than one year, or both. (March 3, 1887, c. 373, § 2, 24 Stat. 554. Aug. 13, 1888, c. 866, § 3, 25 Stat. 436. March 3, 1911, c. 231, § 65, 36 Stat. 1104.) § 1048. (Jud. Code, § 66.) Suits against re- ceiver—Every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in Carrying on the business connected with such proper- ty, Without the previous leave of the court in which Such receiver or manager was appointed ; but such Suit shall be subject to the general equity jurisdic- tion of the court in which such manager or receiver WaS appointed So far as the same may be necessary to the ends of justice. (March 3, 1887, c. 373, § 3, 24 Stat. 554. Aug. 13, 1888, c. 866, § 3, 25 Stat. 436. March 3, 1911, c. 231, § 66, 36 Stat. 1104.) § 1049. (Jud. Code, § 67, amended.) Officers of courts—No person shall be appointed to or em- ployed in any office or duty in any court who is re- lated by affinity or consanguinity within the degree of first cousin to the judge of such court: Provided, That no such person at present holding a position or employment in a circuit Court shall be debarred from Similar appointment or employment in the district Court succeeding to such circuit court jurisdiction. (March 3, 1887, c. 373, § 7, 24 Stat. 555. Aug. 13, 1888, c. 866, § 7, 25 Stat. 437. March 3, 1911, c. 231, § 67, 36 Stat. 1105. Dec. 21, 1911, c. 4, 37 Stat. 46.) § 1050. (Jud. Code, § 68.) Masters or receiv- ers—No clerk of a district Court of the United States Or his deputy shall be appointed a receiver or master in any Case, except where the judge of said Court sh all determine that special reasons exist therefor, to be (March 3, 1879, c. 183, 20 Stat. 415. March 3, 1911, c. 231, § 68, 36 Stat. 1105.) Chapter F ive—District Courts—Dis- tricts, and Provisions Applica- ble to Particular States Sec. 1051. Judicial districts. 1052. Alabama. 1053. Arizona. 1054. Same ; one district. 1055. Same; terms of court.' 1056. Arkansas. . 1056a. Same; terms of court for eastern district, Jonesboro - division. - 1056b. Same; counties transferred. 1056c. Same; county transferred. 1057. California. 1058. Cºlº adjournment of terms; deputy marshals and C} eI’kS. 1059. Connecticut. 1060. Delaware. 1061, FIorida. 1062. Georgia. 1062.a. Same; COUInty transferred. 1062b. Same; counties transferred. 1062C. Same; counties transferred. 1063. Idaho. 1064. Illinois. 1065. Indiana. 1066. Iowa. 1067. Kansas. 1068. Kentucky. 1069. Louisiana. § 1051 THE JUDICIAL CODE (Tit. 12C IPage 140] Sec. 1070. Maine. 1070a. Same; sessions. 1070b. Same; clerk and marshal; deputy clerk; marshal’s field deputy. 1070c. Same; divisions. 1070d. Same; divisions considered separate districts for pur- poses of jurisdiction and venue; United States Com- missioners. * 1070e. Same; transfer of civil and criminal causes. º 1070f. Same; ex parte proceedings heard in either division. 1070g. Same; change of venue or continuance. 1070h. Same; time of taking effect of act. 1071. Maryland. 1072. Massachusetts. 1073. Michigan. 1074. Same; terms of Court. 1075. Minnesota. 1076. Mississippi. 1077. MissOurl. 1078. Montana. 1079. Nebraska. 1080. Nevada. 1081. New Hampshire. 1082. New Jersey. 1083. New Mexico. 1084. New York. 1085. North Carolina. Same; terms of court. 1086. North Dakota. 1087. Ohio. 1088. Oklahoma. 1089. Oregon. 1090. Pennsylvania. 1091. Rhode Island. 1092. South Carolina. . Same; terms of court; 1093. South Dakota. 1094. Tennessee. offices of clerks. 1094a. Same; term of court. 1095. Texas. 1095a. Same; additional division in northern district. 1095b. Same; additional terms of court for northern district; Clerk. 1096. Same; additional division in southern district. 1097. Same; additional terms of court for southern district. 1098. Same; additional division in western district. 1099. Same; additional terms of court for western district. 1100. Utah. - 1101. VerImont. t102. Virginia. 1103. Washington. 1104. West Virginia. 1105. Wisconsin. 1106. Wyoming. § 1051. (Juad. Code, § 69.) Judicial districts— The United States are divided into judicial districtS as follows: (R. S. $ 530. March 3, 1911, c. 231, § 69, 36 Stat. 1105.) • § 1052. (Jud. Code, $ 70, amended.) Alabama —The State of Alabama is divided into three judi- cial districts, to be known as the northern, middle, and southern districts of Alabama. The northern district shall include the territory embraced. On the first day of July, nineteen hundred and ten, in the counties of Cullman, Jackson, Lawrence, Linnestone, Madison, and Morgan, which shall Constitute the northeastern division of said district ; also the ter- ritory embraced on the date last mentioned in the counties of Colbert, Franklin, and Lauderdale, Which shall constitute the northwestern division of Said dis- trict; also the territory embraced. On the date last mentioned in the counties of Cherokee, De Ralb, EtO- wah, Marshall, and Saint Clair, which shall constitute the middle division of said district; also the terri- tory embraced on the date last mentioned in the counties of Blount, Jefferson, and Shelby, which shall constitute the southern division of said district; also the territory embraced on the date last mentioned in the Counties Of Walker, Winston, Marion, Fayette, and Lamar, which shall constitute the Jasper division of said district; also the territory embraced. On the date last mentioned in the COunties Of Calhoun, Clay, Cleburne, and Talladega, Which shall constitute the eastern division of said district ; also the territory embraced on the date last mentioned in the counties of Bibb, Greene, Pickens, Sumter, and Tuscaloosa, which shall constitute the Western division of said district. Terms of the district COUrt for the north- eastern division shall be held at Huntsville on the first Tuesday in April and the second Tuesday in ern division of Said district; October; for the northwestern division, at Florence On the Second Tuesday in February and the third Tuesday in October: Provided, That suitable rooms and accommodations for holding Court at Florence shall be furnished free of expense to the Government; for the middle division, at Gadsden on the first Tues- days in February and August: Provided, That suitable rooms and accommodations for holding Court at Gads- . den shall be furnished free of expense to the Govern- ment; for the southern division, at Birmingham on the first Mondays in March and September, which courts shall remain in Session for the transaction of business at least six months in each Calendar year; for the Jasper division, at Jasper On the second Tues- days in January and June: Provided, That suitable rooms and accommodations for holding Court at Jas- per shall be furnished free of expense to the Govern- ment; for the eastern division, at Anniston On the first Mondays in May and November; and for the Western division, at Tuscaloosa. On the first TuesdayS in January and June. The Clerk Of the Court for the northern district shall maintain an Office, in charge Of himself or a deputy, at Anniston, at Florence, at Jas- per, and at Gadsden, which shall be kept open at all times for the transaction Of the business of Said Court. The district judge for the northern district shall re- Side at Birmingham. The middle district shall in- clude the territory embraced On the first day of July, nineteen hundred and ten, in the Counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike, Which shall Constitute the northern division of Said district ; also the territory embraced on the date last mentioned in the Counties Of Coffee, Dale, Geneva, Henry, and Houston, which shall constitute the south- also the territory em- braced on the date last mentioned in the counties of Chambers, Lee, Macon, Randolph, Russell, and Talla- poosa, which shall Constitute the eastern division Of said middle judicial district. Terms Of the district Court for the Northern division shall be held at Mont- gomery On the first Tuesdays in May and December ; for the southern division, at Dothan on the first Mon- days in June and December ; and for the eastern division, at Opelika. On the first Mondays in April and November: Provided, That suitable rooms and a C- Commodations for holding Court at Opelika shall be furnished free of expense to the Government. The clerk of the court for the middle district shall main- tain an Office in charge of himself or a deputy at Dothan, and shall maintain an Office in charge of him- self Or a deputy at Opelika, which said offices at Dothan and Opelika shall be kept open at all times for the transaction Of the business Of Said divisions. The southern district shall include the territory embraced On the first day of July, nineteen hundred and ten, in the Counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington, which shall Constitute the southern division of said district; also the territory embraced on the date last mentioned in the counties of Dallas, Hale, Marengo, Perry, and Wilcox, Which shall constitute the northern division of said district. Terms of the district Court for the southern division shall be held at Mobile on the fourth Mondays in May and November; and for the northern division, at Selma on the first Mondays in May and November. (R. S. § 532. March 3, 1911, c. 231, $ 70, 36 Stat. 1105. Feb. 28, 1913, c. 89, 37 Stat. 698.) - § 1053. Arizona—The said State, when admitted as aforesaid, shall éOnstitute One judicial district, * * and the said district shall, for judicial purposes, be attached to the ninth judicial Circuit. There shall be appointed for said district one district judge, one TJnited States attorney, and One United States mar- shal. The judge Of said district shall receive a year- ly salary the same as other similar judges of the |United States, payable as provided for by law, and Ch. 5) 3 1057 TEIE JUDICIAL CODE) [Page 141] shall reside in the district to which he is appointed. There shall be appointed clerks of said courts, who shall keep their offices at the capital of said State. * * The circuit and district courts for said district, and the judges thereof, respectively, shall possess the Same powers and jurisdiction and perform the Same duties required to be performed by the other Cir- Cuit and district Courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and the Clerks Of the circuit and district Courts Of Said dis- trict, and all other officers and persons performing duties in the administration of justice therein, shall Severally possess the powers and perform the duties lawfully possessed and required to be performed by Similar Officers in other districts Of the United States, and shall, for the services they perform, receive the fees and compensation now allowed by law to officers performing similar services for the United States in the Territory of Arizona. (June 20, 1910, c. 310, § 31, 36 Stat. 576.) § 1054. Same; one district—The State Of Ari- Zona shall constitute one judicial district, to be known as the district of Arizona. (Oct. 3, 1913, c. 17, § 1, 38 Stat. 203.) § 1055. Same; terms of court—That terms of the district Court shall be held in Tucson. On the first Mondays in May and November; at Phoenix on the first Mondays in April and October; at Prescott On the first Mondays in March and September ; and at Globe On the first MOndays in June and December. Causes, civil and Criminal, may be transferred by the Court Or judge thereof from any Of the aforesaid places where court shall be held in said district to any of the places hereinabove mentioned in said dis- trict When the Convenience Of the parties or the ends Of justice would be promoted by the transfer; and any inter}OCutory Order may be made by the Court Or judge thereof in any of the hereinabove mentioned places. (Oct. 3, 1913, c. 17, § 2, 38 Stat. 203.) § 1056. (Jud. Code, § 71.) Arkansas—The State of Arkansas is divided into two districts, to be known as the eastern and western districts Of Ar- kansas. The Western district shall include the ter- ritory embraced on the first day Of July, nineteen hundred and ten, in the counties of Sevier, Howard, Little River, Pike, Hempstead, Miller, Lafayette, Columbia, Nevada, Ouachita, Union, and Calhoun, which shall constitute the Texarkana division of Said district; also the territory embraced on the date last mentioned in the counties of Polk, Scott, Yell, Logan, Sebastian, Franklin, Crawford, Washington, Benton, and Johnson, which shall constitute the Fort Smith division of Said district ; also the territory embraced On the date last mentioned in the Counties Of Bax- ter, Boone, Carroll, Madison, Marion, Newton, and Searcy, which shall constitute the Harrison division of Said district. Terms Of the district Court for the Texarkana division shall be held at Texarkana. On the second ‘Mondays in May and November; for the Fort Smith division, at Fort Smith on the second Mon- days in January and June; and for the Harrison di- vision, at Harrison on the second Mondays in April and October. The eastern district shall include the territory embraced. On the first day of July, nineteen hundred and ten, in the counties of Lee, Phillips, Saint Francis, Cross, Monroe, and Woodruff, which shall constitute the eastern division of said district; also the territory embraced on the date last mention- ed in the counties of Independence, Cleburne, Stone, IZard, Sharp, and Jackson, which shall constitute the northern division of Said district; also the territory embraced on the date last mentioned in the counties of Crittenden, Clay, Craighead, Greene, Mississippi, Poinsett, Fulton, Randolph, and Lawrence, which shall constitute the Jonesboro division of said dis- trict; and also the territory embraced on the date last mentioned in the counties of Arkansas, Ashley, Bradley, Chicot, Clark, Cleveland, Conway, Dallas, Desha, Drew, Faulkner, Garland, Grant, Hot Spring, Jefferson, Lincoln, Lonoke, Montgomery, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, and White, which Shall Constitute the western division of said district. Terms Of the district court for the eastern division shall be held at Helena on the second Monday in March and the first Monday in October ; for the In Orthern division, at Batesville On the fourth Mon- day in May and the second Monday in December; for the Jonesboro division, at Jonesboro on the second Mondays in May and November; and for the western division, at Little Rock on the first Monday in April and the third Monday in October. The Clerk of the COUrt for the eastern district shall maintain an Office in Charge of himself or a deputy at Little Rock, at Helena, at Jonesboro, and at Batesville, which shall be kept Open at all times for the transaction of the business of the Court. And the Clerk of the Court for the Western district shall maintain an office in charge Of himself or a deputy at Fort Smith, at Harrison, and at Texarkana, which shall be kept open at all times for the transaction of the business of the Court. (R. S. § 533. March 3, 1911, c. 231, § 71, 36 Stat. 1106.) § 1056a. Same; terms of court for eastern district, Jonesboro division—Hereafter the terms Of the United States district court for the Jonesboro division. Of the eastern district of Arkansas shall be held at JOnesboro On the first Monday in May and the fourth Monday in November. (Sept. 9, 1914, C. 295, 38 Stat. 713.) § 1056b. Same; counties transferred—That the COunties Of Desha and Chicot, in the State of Arkan- Sas, be, and the same are hereby, detached from the Western division of the eastern district of Arkansas and are hereby annexed to, included in, and made a part of the eastern division. Of the said eastern dis- trict Of the State of Arkansas. (March 4, 1915, C. 170, § 1, 38 Stat. 1193.) § 1056c. Same; county transferred—That the COunty Of Yell, in the State Of Arkansas, be, and the Same is hereby, detached from the Fort Smith division Of the Western district of Arkansas and is annexed to, included in, and made a part of the western division Of the -eastern district of the State of Arkansas. (March 4, 1915, c. 170, § 2, 38 Stat. 1193.) § 1057. (Jud. Code, § 72, amended.) Califor- nia—The State Of California is divided into two dis- tricts, to be known as the northern and Southern dis- tricts Of California. The Southern district Shall in- Clude the territory embraced, on the first day Of July, nineteen hundred and ten, in the Counties Of Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merged, and Tulare, which shall Constitute the northern division Of Said district ; also the territory embraced, On the date last mentioned, in the Counties of Imperial, LOS Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura, which shall constitute the southern division of said district. Terms Of the district Court for the northern division shall be held at Fresno On the first Monday in May and the second Monday in November; and for the Southern division, at LOS Angeles On the Second Monday in January and the second Monday in July, and at San Diego on the second Monday in March and September. The northern district shall include the territory embraced, on the first day of July, nine- teen hundred and ten, in the counties of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, Amador, Calaveras, Stanislaus, Tuolum- ne, Alpine, and MOnO, which shall Constitute the north- ern division of said district; also the territory em- braced, On the date last mentioned, in the COUnties of San Francisco, Marin, Contra Costa, Alameda, San 3 1058 (Tit. 12C THE JUDICIAL CODE [Page 1421 Mateo, Santa Clara, Santa Cruz, Monterey, and San Benito, Which shall constitute the southern division Of Said district. Terms of the district court for the northern division of the northern district shall be held at Sacramento on the second Monday in April and the first Monday in October, and at Eureka on the third Monday in July;' and for the southern di- Vision of the northern district, at San Francisco on the first Monday in March, the second Monday in July, and the first Mönday in November. The clerk of the district court for the northern district shall maintain an Office at Sacramento, in charge of him- self Or a deputy, which shall be kept open at all times for the transaction of the business of the court. (Aug. 5, 1886, c. 928, 24 Stat. 308. March 3, 1911, c. 231, § 72, 36 Stat. 1107. May 16, 1916, c. 122, 39 Stat. 122.) § 1058. (Jud. Code, § 73, amended.) Colorado; adjournament of terms; deputy marshals and clerks—The State of Colorado shall Constitute one ju- dicial district, to be known as the district of Colorado. Terms Of the district Court shall be held at Denver On the first Tuesday in May and November; at Pueblo On the first Tuesday in April; at Grand Junction on the second Tuesday in September ; at Montrose on the third Tuesday in September, and at Durango on the fourth Tuesday in September. That the Secretary of the Treasury, in constructing the public buildings heretofore authorized to be con- Structed at the cities Of Grand Junction and Durango, be, and he is hereby, authorized and empowered to provide accommodations in each Of Said buildings for post office, United States court, and other governmental Offices, and the existing authorizations for said build- ings be and the Same are hereby respectively amended aCCOrdingly ; and the unexpended balance Of all ap- propriations heretofore made for the Construction Of said buildings and all appropriations which may be provided in any pending legislation, or that hereafter may be made for the construction of said buildings, are hereby made available for the purpose stated in this paragraph: Provided, That if at the time the holding Of the terms of said court in any year in ei- ther Of Said Cities Of Grand Junction and Durango there is no business to be transacted by Said Court, the term may be adjourned or continued by Order of the judge of Said Court in Chambers at Denver, Colo- rado: And provided further, That the marshal and Clerk of said court shall each respectively appoint at least one deputy to reside at and who shall maintain an Office at each of the four said places where said court is to be held by the terms of this Act. (June 26, 1876, c. 147, 19 Stat. 61. March 3, 1911, c. 231, § 73, 36 Stat. 1108. June 12, 1916, c. 143, 39 Stat. 225.) § 1059. (Jud. Code, § 74.) Connecticut—The State of Connecticut shall constitute one judicial dis- trict, to be known as the district of Connecticut. Terms Of the district Court shall be held at New Eſa Ven On the fourth Tuesdays in February and September, and at Hartford on the fourth Tuesday in May and the first Tuesday in December. (R. S. § 531. March 3, 1911, c. 231, § 74, 36 Stat. 1108.) § 1060. (Jud. Code, § 75.) Delaware—The State of Delaware shall constitute one judicial district, to be known as the district of Delaware. Terms of the district Court shall be held at Wilmington On the Sec- Ond Tuesdays in March, June, September, and Decem- ber. (R. S. § 531. March 3, 1911, c. 231, § 75, 36 Stat. 1108.) § 1061. (Jud. Code, § 76.) Florida—The State of Florida is divided into two districts, to be known as the northern and Southern districts Of Florida. The Southern district shall include the territory embraced On the first day of July, nineteen hundred and ten, in the counties of Baker, Bradford, Brevard, Citrus, Clay, Columbia, Dade, De Soto, Duval, Hamilton, Her- nando, Hillsboro, Lake, Lee, Madison, Manatee, Mar- ion, Monroe, Nassau, Orange, Osceola, Palm Beach, Pasco, Polk, Putnam, Saint John, Sumter, Suwanee, Saint Lucie, and Volusia. Terms of the district court for the SOUthern district shall be held at Ocala. On the third Monday in January; at Tampa on the second Monday in February ; at Key West on the first Mon- days in May and November ; at Jacksonville on the first Monday in December; at Fernandina on the first Monday in April; and at Miami on the fourth Monday in April. The district court for the southern district Shall be open at all times for the purpose of hearing and deciding causes of admiralty and maritime juris- diction. The northern district shall include the terri- tory embraced on the first day of July, nineteen hun- dred and ten, in the counties of Alachua, Calhoun, Escambia, Franklin, Gadsden, EIolmes, Jackson, Jeffer- Sola, Lafayette, Leon, Levy, Liberty, Santa Rosa, Tay- lor, Wakulla, Walton, and Washington. Terms of the district Court for the northern district Shall be held at Tallahassee on the second Monday in January; at Pensacola. On the first Mondays in May and November; at Marianna. On the first Monday in April; and at Gainesville on the second Mondays in June and De- cember. (R. S. § 534. March 3, 1911, c. 231, § 76, 36 Stat. 1108.) § 1062. (Jud. Code, § 77, amended.) Georgia- The State Of Georgia is divided into two districts, to be known as the northern and southern, districts of Georgia. The Northern district shall include the ter- ritory embraced on the first day of July, nineteen hun- dred and ten, in the counties of Campbell, Carroll, Clayton, Cobb, Coweta, Cherokee, Dekalb, Douglas, Dawson, Fannin, Fayette, Fulton, Forsyth, Gilmer, Gwinnett, Eſall, Henry, Lumpkin, Milton, Newton, Pickens, Rockdale, Spalding, Towns, and Union, which shall constitute the northern division of said district; also the territory embraced on the date last mentioned in the counties of Banks, Clarke, Elbert, Franklin, Greene, Habersham, Hart, Jackson, Morgan, Madison, Oglethorpe, Oconee, Rabun, Stephens, Walton, and White, which shall constitute the eastern division of said district; also the territory embraced on the date last mentioned in the counties of Chattahoochee, Clay, Early, Harris, Heard, Meriwether, Marion, MuS- cogee, Quitman, Randolph, Schley, Stewart, Talbot, Taylor, Terrell, Troup, and Webster, which shall con- stitute the western division of said district; also the territory embraced on the date last mentioned in the counties of Bartow, Chattooga, Catoosa, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker, and Whitfield, which shall constitute the northwestern division of said district. Terms of the district Court for northern division of said distfict shall be held at Atlanta on the second Monday in March and the first Monday in October and at Gainsville on the fourth Mondays in April and November, and it shall be the duty of the judge to assign such cases, both Civil and criminal, as may in his judgment be most convenient to the parties to said cases, and as may be in the in- terest of economical expenditures by the GOVern- ment; for the eastern division, at Athens On the Sec- ond Monday in April and the first Monday in Novem- ber ; for the western division, at Columbus on the first Mondays in May and December; and for the north- western division, at Rome on the third Mondays in May and November. The clerk of the court for the northern district shall maintain an office in charge of himself. Or a deputy at Athens, at Columbus, and at Bome, which shall be kept open at all times for the transaction. Of the business Of the court. The Southern district shall include the territory embraced on the said first day of July, nineteen hundred and ten, in the counties of Appling, Bulloch, Bryan, Camden, Chatham, Emanuel, Effingham, Glynn, Jeff Davis, Lib- erty, Montgomery, McIntosh, Screven, Tatnall, Toombs, and Wayne, which shall constitute the eastern divi- Sion of said district; also the territory embraced on the date last mentioned in the counties of Baldwin, Bibb, Butts, Crawford, Dodge, DOOly, Hancock, Hous- ton, Jasper, Jones, Laurens, Macon, Monroe, Pike, Pu- laski, Putnam, Sumter, Telfair, Twiggs, Upson, Wil- Cox, and Wilkinson, which shall constitute the western Ch. 5) 3 1035 THE JUDICIAL CODE [Page 143] division; also the territory embraced on the date last mentioned in the Counties of Burke, Columbia, Glas- cock, Jefferson, Jenkins, Johnson, Lincoln, McDuffie, Richmond, Taliaferro, Washington, Wilkes, and War- ren, which shall constitute the northeastern division ; also the territory embraced on the date last mentioned in the counties of Berrien, Brooks, Charlton, Clinch, Coffee, Decatur, Echols, Grady, Irwin, Lowndes, Pierce, and Ware, which shall constitute the south- Western division ; and also the territory embraced On the date last mentioned in the Counties Of Baker, Ben Hill, Calhoun, Crisp, Colquitt, Dougherty, Lee, Miller, Mitchell, Thomas, Tift, Turner, and Worth, which shall constitute the Albany division. Terms Of the district Court for the Western division shall be held at Macon. On the first Mondays in May and October; for the eastern division, at Savannah on the second Tues- days in February, May, August, and November; for the northeastern division, at Augusta on the first Monday in April and the third Monday in November; for the southwestern division, at Valdosta on the Sec- Ond Mondays in June and December; and for the Al- bany division, at Albany on the third Mondays in June and December. (R. S. § 535. March 3, 1911, c. 231, § 77, 36 Stat. 1108. March 4, 1913, c. 167, 37 Stat. 1017.) § 1062.a. ty of Barrow, in the State of Georgia, is hereby at- tached to and made a part of the eastern division of the northern judicial district of said State. (March 3, 1915, c. 98, 38 Stat. 960.) - § 1062b. Same; counties transferred—The counties of Candler, Jenkins, and Evans, in the State of Georgia, are hereby attached to and made a part of the eastern division of the southern judicial district of said State. (March 3, 1915, c. 99, § 1, 38 Stat. 960.) § 1062c. Same; counties transferred—The COun- ties of Macon and Thomas, in the State of Georgia, are hereby attached to and made a part of the South- western division of the southern judicial district of said State. (March 3, 1915, c. 99, § 2, 38 Stat. 960.) § 1063. (Jud. Code, § 78.) Idaho-The State of Idaho shall constitute one judicial district, to be known as the district of Idaho. It is divided into four divisions, to be known as the northern, central, South- ern, and eastern divisions. The territory embraced on the first day of July, nineteen hundred and ten, in the counties of Bonner, Kootenai, and Shoshone, Shall constitute the northern division of said district; and the territory embraced on the date last mentioned in the counties of Idaho, Latah, and Nez Perce, shall constitute the central division of said district; and the territory embraced on the date last mentioned in the counties of Ada, Boise, Blaine, Cassia, Twin Falls, Canyon, Elmore, Lincoln, Owyhee, and Washington, shall constitute the southern división of said district; and the territory embraced on the date last mentioned in the counties of Bannock, Bear Lake, Bingham, Cus- ter, Fremont, Lemhi, and Oneida, shall constitute the eastern division of said district. Terms of the district Court for the northern division of Said district Shall be held at Coeur d’Alene City On the fourth Monday in May and the third Monday in November; for the Cen- tral division, at Moscow On the second Monday in May and the first Monday in November; for the southern division, at Boise City on the second Mondays in Feb- ruary and September ; and for the eastern division, at Pocatello On the Second Mondays in March and October. The Clerk Of the COurt shall maintain an Office in charge of himself or a deputy at Coeur d’Alene City, at Moscow, at Boise City, and at Pocatel- lo, which shall be open at all times for the transaction of the business of the court. (July 3, 1890, c. 656, § 16, 26 Stat. 217. July 5, 1892, c. 145, 27 Stat. 72. Nov. 3, 1893, c. 9, 28 Stat. 5. June 1, 1898, c. 369, 30 Stat. 423. Feb. 23, 1911, c. 148, 36 Stat. 927. March 3, 1911, c. 231, § 78, 36 Stat. 1109.) § 1064. (Jud. Code, § 79.) Illinois—The State of Illinois is divided into three districts, to be known & Same; county transferred—The coun- as the northern, Southern, and eastern districts Of Il- linois. "The northern district shall include the terri- tory embraced. On the first day of July, nineteen hun- dred and ten, in the counties of Cook, Dekalb, Dupage, Grundy, Kane, Kendall, Lake, Lasalle, McHenry, and Will, which shall constitute the eastern division ; also the territory embraced. On the date last mentioned in the COunties of Boone, Carroll, Jo Daviess, Lee, Ogle, Stephenson, Whiteside, and Winnebago, which shall Constitute the western division. Terms of the dis- trict Court for the eastern division Shall be held at Chicago on the first Mondays in February, March, April, May, June, July, September, October, and NO- Vember, and the third Monday in December; and for the Western division, at Freeport on the third Mon- days in April and October. The clerk Of the court for the northern district shall maintain an office in charge Of himself or a deputy at Chicago and at Freeport, Which shall be kept open at all times for the trans- action of the business of the court. The marshal for the northern district Shall maintain an Office in the division in which he himself does not reside and shall appoint at least one deputy who shall reside therein. The Southern district shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the counties of Bureau, Fulton, Henderson, Henry, Knox, Livingston, McDonough, Marshall, Mer- cer, Putnam, Peoria, Rock Island, Stark, Tazewell, Warren, and Woodford, which shall constitute the northern division ; also the territory embraced on the date last mentioned in the counties of Adams, Bond, Brown, Calhoun, Cass, Christian, Dewitt, Greene, Han- COck, Jersey, Logan, McLean, Macon, Macoupin, Madi- Son, Mason, Menard, Montgomery, Morgan, Pike, San- gamon, Schuyler, and Scott, which shall constitute the SOUthern division. Terms Of the district Court for the northern division shall be held at Peoria. On the third Mondays in April and October; for the southern di- Vision, at Springfield on the first Mondays in January and June, and at Quincy on the first Mondays in March and September. The clerk of the court for the south- ern district shall maintain an office in charge of him- self or a deputy at Peoria, at Springfield, and at Quin- Cy, which shall be kept open at all times for the trans- action of the business of the court. The marshal for Said Southern district shall appoint at least one deputy residing in the said northern division, who shall main- tain an Office at Peoria. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Alexander, Champaign, Clark, Clay, Clinton, Coles, Crawford, Cumberland, Douglas, Edgar, Edwards, Ef- fingham, Fayette, Ford, Franklin, Gallatin, Hamilton, Hardin, Iroquois, Jackson, Jasper, Jefferson, Johnson, Kankakee, Lawrence, Marion, Massac, Monroe, Moul- trie, Perry, Piatt, Pope, Pulaski, Randolph, Richland, Saint Clair, Saline, Shelby, Union, Vermilion, Wabash, Washington, Wayne, White, and Williamson. Terms Of the district Court for the eastern district shall be held at Danville On the first Mondays in March and September; at Cairo on the first Mondays in April and October; and at East Saint Louis on the first Mondays in May and November. The Clerk Of the Court for the eastern district shall maintain an Office in charge of himself or a deputy at Danville, at Cairo, and at East Saint Louis, which shall be kept open at all times for the transaction. Of the business Of the Court, and shall there keep the records, files, and docu- ments pertaining to the court at that place. (R. S. § 536. March 3, 1911, c. 231, § 79, 36 Stat. 1110.) § 1065. (Jud. Code, § 80.) Indiana—The State Of Indiana shall Constitute one judicial district, to be known as the district of Indiana. Terms of the dis- trict Court shall be held at Indianapolis On the first Tuesdays in May and November ; at New Albany on the first Mondays in January and July; at Evansville On the first Mondays in April and October; at Fort Wayne on the second Tuesdays in June and Decem- 3 1066 (Tit. 12C TEIE JUDICIAL CODE [Page 1441 ber; and at Hammond on the third Tuesdays in April and October. The clerk of the court shall appoint four deputy clerks, one of whom shall reside and keep his Office at New Albany, One at Evansville, One at FOrt Wayne, and One at Hammond. Each deputy shall keep in his office full records of all actions and proceedings of the district Court held at that place. (R. S. § 531. March 3, 1911, c. 231, § 80, 36 Stat. 1110.) § 1066. (Jud. Code, § 81, amended.) Iowa–The State Of Iowa is divided into two judicial districts, to º: known as the northern and southern districts Of OWa. The northern district Shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the counties of Allamakee, Dubuque, Buchanan, Clayton, Delaware, Fayette, Winneshiek, Howard, Chickasaw, Bremer, Blackhawk, Floyd, Mitchell, and Jackson, which shall constitute the eastern division of said district; also the territory embraced on the date last mentioned in the counties of Jones, Cedar, Linn, Iowa, Benton, Tama, Grundy, and Hardin, which shall Constitute the Cedar Rapids division; also the terri- tory embraced On the date last mentioned in the Coun- ties of Emmet, Palo Alto, Pocahontas, Calhoun, Car- roll, Kossuth, Humboldt, Webster, Winnebago, Han- cock, Wright, Hamilton, Worth, Cerro Gordo, Frank- lin, and Butler, which shall constitute the central di- vision ; also the territory embraced On the date last mentioned in the counties of Dickinson, Clay, Buena Vista, Sac, Osceola, O’Brien, Cherokee, Ida, Lyon, Sioux, Plymouth, Woodbury, and Monona, which shall COnstitute the western division. Terms of the district Court for the eastern division 'shall be held at Dubuque on the fourth Tuesday in April and the first Tuesday in December, and at Wa- terloo On the second Tuesdays in May and September; for the Cedar Rapids division, at Cedar Rapids on the first Tuesday in April and the fourth Tuesday in Sep- tember; for the central division, at Fort Dodge on the second Tuesdays in June and November ; and for the western division, at Sioux City on the fourth Tues- day in May and the third Tuesday in October. The southern district shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the Counties of Louisa, Henry, Des Moines, Lee, and Van Buren, which shall constitute the eastern di- Vision of said district; also the territory embraced on the date last mentioned in the counties of Marshall, Story, Boone, Greene, Guthrie, Dallas, Polk, Jasper, POWeshiek, Marion, Warren, and Madison, which shall Constitute the central division of said district; also the territory embraced on the date last mentioned in the COunties of Crawford, Harrison, Shelby, Audubon, Cass, Pottawattamie, Mills, and Montgomery, which shall constitute the western division of said district; also the territory embraced on the date last mention- ed in the Counties of Adair, Adams, Clarke, Decatur, Fremont, Lucas, Page, Ringgold, Taylor, Union, and Wayne, which shall constitute the southern division of said district ; also the territory embraced. On the date last mentioned in the Counties of Scott, Musca- tine, Washington, Johnson, and Clinton, which shall constitute the Davenport division of said district; also the territory embraced on the date last mentioned in the Counties Of Davis, Appanoose, Mahaska, Keokuk, JefferSOn, MOnroe, and Wapello, which shall consti- tute the Ottumwa division of Said district. Terms of the district court for the eastern division shall be held at Keokuk on the sixth Tuesday after the fourth Tuesday in February and the eighth Tues- day after the third Tuesday in September ; for the central division, at Des Moines on the tenth Tuesday after the fourth Tuesday in February and the tenth Tuesday after the third Tuesday in September; for the western division, at Council Bluffs on the fourth Tuesday in February and the Sixth Tuesday after the third Tuesday in September ; for the southern divi- sion, at Creston on the fourth Tuesday after the fourth Tuesday in February and the third Tuesday in Sep- tember; for the Davenport division, at Davenport On the eighth Tuesday after the fourth Tuesday in Feb- ruary and the second Tuesday after the third Tuesday in September ; and for the Ottumwa division, at Ot- tumwa. On the Second Tuesday after the fourth Tues- day in February and the fourth Tuesday after the third Tuesday in September. ...” The clerk of the Court for said district shall main- tain an office in Charge Of himself Or a deputy at Dav- enport and at Ottumwa for the transaction of the busi- ness of said divisions. (R. S. § 537. March 3, 1911, c. 231, § 81, 36 Stat. 1111. March 3, 1913, c. 122, 37 Stat. 734. Feb. 23, 1916, c. 32, 39 Stat. 12. April 27, 1916, c. 90, 39 Stat. 55.) § 1067. (Jud. Code, § 82, amended.) Kansas- The State of Kansas shall constitute one judicial dis- trict, to be known as the district of Kansas. It is di- vided into three divisions, to be known as the first, Second, and third divisions of the district of Kansas. The first division shall include the territory embraced On the first day of July, nineteen hundred and ten, in the counties of Atchison, Brown, Chase, Cheyenne, Clay, Cloud, Decatur, Dickinson, Doniphan, Douglas, Ellis, Franklin, Geary, Gove, Graham, Jackson, Jef- ferson, Jewell, Johnson, Leavenworth, Lincoln, Logan, Lyon, Marion, Marshall, Mitchell, Morris, Nemaha, Norton, Osage, Osborne, Ottawa, Phillips, Pottawato, mie, Rawlins, Republic, Riley, Rooks, Russell, Saline, Shawnee, Sheridan, Sherman, Smith, Thomas, Trego, Wabaunsee, Wallace, Washington, and Wyandotte. The second division shall include the territory em- braced on the date last mentioned in the counties Of Barber, Barton, Butler, Clark, Comanche, Cowley, Ed- wards, Ellsworth, Finney, Ford, Grant, Gray, Greeley, Hamilton, Harper, Harvey, Hodgeman, Haskell, King- man, Kiowa, Kearny, Lane, McPherson, Morton, Meade, Ness, Pratt, Pawnee, Reno, Rice, Rush, Scott, Sedg- wick, Stafford, Stevens, Seward, Sumner, Stanton, and Wichita. The third division shall include the terri- tory embraced on the said date last mentioned in the Counties of Allen, Anderson, Bourbon, Cherokee, Cof- fey, Chautauqua, Crawford, Elk, Greenwood, Labette, Linn, Miami, Montgomery, Neosho, Wilson, and Wood- SOn. Terms Of the district Court for the first divi- Sion shall be held at Leavenworth on the second Mon- day in October; at Topeka. On the second Monday in April ; at Kansas City on the second Monday in Jan- uary and the first Monday in October ; and at Salina on the second Monday in May; terms of the district Court for the Second division shall be held at Wichita on the second Mondays in March and September ; and for the third division, at Fort Scott On the first Mon- day in May and the second Monday in November. The clerk of the district court, shall appoint three dep- uties, one of Whom shall reside and keep his office at Fort Scott, one at Wichita, and the other at Salina, and the marshal shall appoint a deputy who shall re- side and keep his office at Fort Scott and the marshal shall also appoint a deputy, Who shall reside and keep his office at Kansas City. (R. S. § 531. March 3, 1911, c. 231, § 82, 36 Stat. 1112. Sept. 6, 1916, c. 447, 39 Stat. 725.) § 1068. (Jud. Code, § 83.) Kentucky—The State of Kentucky is divided into two districts, to be known as the eastern and western districts of Kentucky. The eastern district shall include the territory embraced On the first day of July, nineteen hundred and ten, in the counties of Carroll, Trimble, Henry, Shelby, Ander- son, Mercer, Boyle, Gallatin, Boone, Kenton, Camp- bell, Pendleton, Grant, Owen, Franklin, Bourbon, Scott, Woodford, Fayette, Jessamine, Garrard, Madison, Lin- coln, Rockcastle, Pulaski, Wayne, Whitley, Bell, Knox, Harlan, Laurel, Clay, Leslie, Letcher, Perry, Owsley, Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magoffin. Martin, Johnson, Lawrence, Boyd, Greenup, Carter, Elliott, Morgan, Wolfe, Powell, Menifee, Clark, Montgomery, Bath, Rowan, Lewis, Fleming, Mason, $ Ch. 5) Ž 1070b THE JUDICIAL CODE [Page 145I - Bracken, Robertson, Nicholas, and Harrison, with the waters thereof. Terms Of the district Court for the eastern district shall be held at Frankfort On the Sec- ond Monday in March and the fourth Monday in Sep- tember; at Covington on the first Monday in April and the third Monday in October ; at Richmond on the fourth Monday in April and the second Monday in No- Wember; at London on the second Monday in May and the fourth Monday in November; at Catlettsburg on the fourth Monday in May and the second Monday in December; and at Jackson on the first Monday in March and the third Monday in September: Provid- ed., That suitable rooms and accommodations are fur- nished for holding court at Jackson free of expense to the Government until such time as a public build- ing Shall be erected there. include the territory embraced on the first day of July, mineteen hundred and ten, in the counties of Oldham, Jefferson, Spencer, Bullitt, Nelson, Washington, Ma- Tion, Larue, Taylor, Casey, Green, Adair, Russell, Clin- ton, Cumberland, Monroe, Metcalfe, Allen, Barren, Simpson, Logan, Warren, Butler, Hart, Edmonson, Grayson, Hardin, Meade, Breckinridge, Hancock, Da- Viess, Ohio, McLean, Muhlenberg, Todd, Christian, Trigg, Lyon, Caldwell, Livingston, Crittenden, Hop- Rins, Webster, Henderson, Union, Marshall, Calloway, McCracken, Graves, Ballard, Carlisle, Hickman, and Fulton, with the waters thereof. Terms of the dis- trict Court for the western district shall be held at Louisville on the second Mondays in March and Oc- tober; at Owensboro on the first Monday in May and the fourth Monday in November; at Paducah on the third Mondays in April and November; and at Bow- ling Green. On the third Monday in May and the sec- Ond Monday in December. The clerk of the court for the eastern district shall maintain an office in charge of himself or a deputy at Frankfort, at Covington, at Richmond, at London, at Catlettsburg, and at Jack- SOn ; and the clerk for the western district shall main- tain an Office in charge of himself or a deputy at Louis- Ville, at Owensboro, at Paducah, and at Bowling Green, each Of Which offices shall be kept open at all times for the transaction of the business of said court. The Clerks of the Courts for the eastern and western dis- tricts, upon issuing original process in a civil action, Shall make it returnable to the court nearest to the County Of the residence of the defendant, or of that defendant whose county is nearest to a court, and Shall, immediately upon payment by the plaintiff of his fees accrued, send the papers filed to the clerk of the Court to which the process is made returnable; and Whenever the process is not thus made returnable, any defendant may, upon motion, on or before the Calling of the cause, have it transferred to the court to Which it should have been sent had the clerk known the residence of the defendant when the action was brought. (Feb. 12, 1901, c. 355, § 2, 31 Stat. 781. March 3, 1911, c. 231, § 83, 36 Stat. 1112.) § 1069. (Jud. Code, § 84.) Louisiana—The State of Louisiana is divided into two judicial districts, to be known as the eastern and western districts of Louisiana. The eastern district shall include the ter- ritory embraced on the first day of July, nineteen hun- dred and ten, in the parishes of Assumption, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, Saint Ber- nard, Saint Charles, Saint James, Saint John the Bap- tist, Saint Mary, Saint Tammany, Tangipahoa, Ter- rebonne, and Washington, Which shall constitute the New Orleans division ; also the territory embraced on the date last mentioned in the parishes of Ascension, East Baton ROUIge, East Feliciana, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, Iberville, and West Feliciana, which shall constitute the Baton Rouge division of said district. Terms of the district Court ſor the New Orleans division shall be held at New Orleans On the third Mondays in February, May, and November ; and for the Baton Rouge division, at COMP.S.T.’18—10 - The Western district Shall . Baton Rouge on the second Mondays in April and NO- vember. The clerk of the court for the eastern dis- trict shall maintain an Office in charge of himself Or a deputy at New Orleans and at Baton Rouge Which shall be kept open at all times for the transaction of the business of the court. The western district Shall include the territory embraced on the first day of July, nineteen hundred and ten, in the parishes of Saint Landry, Evangeline, Saint Martin, Lafayette, and Vermilion, which shall constitute the Opelousas division of said district; also the territory embraced on the date last mentioned in the parishes of Rapides, Avoyelles, Catahoula, La Salle, Grant, and Winn, which shall constitute the Alexandria division of Said district; also the territory embraced on the Said date last mentioned in the parishes of Caddo, De SOtO, BOS- sier, Webster, Claiborne, Bienville, Natchitoches, Sa- bine, and Red River, which shall constitute the Shreve- port division of said district; also the territory em- braced on the date last mentioned in the parishes of Ouachita, Franklin, Richland, Morehouse, East Car- roll, West Carroll, Madison, Tensas, Concordia, Un- ion, Caldwell, Jackson, and Lincoln, which shall COn- Stitute the Monroe division of said district; also the territory embraced on the date last mentioned in the parishes of Acadia, Calcasieu, Cameron, and Vernon, which shall constitute the Lake Charles division of said district. Terms Of the district Court for the Opelousas division shall be held at Opelousas On the first Mondays in January and June; for the Alex- andria division, at Alexandria. On the fourth Mondays in January and June ; for the Shreveport division, at Shreveport On the third Mondays in February and OC- tober; for the Monroe division, at Monroe on the first Mondays in April and October; and for the Lake Charles division, at Lake Charles on the third Mon- days in May and December. The clerk of the Court for the Western district shall maintain an Office in charge Of himself or a deputy at Opelousas, at Alex- andria, at Shreveport, at Monroe, and at Lake Charles, Which shall be kept Open at all times for the transac- tion of the business of the court. (March 3, 1881, c. 144, 21 Stat. 507. March 3, 1911, c. 231, § 84, 36 Stat. 1113.) § 1070. (Jud. Code, § 85, amended.) Maine— The State Of Maine shall Constitute One judicial dis- trict, to be known as the district of Maine. Terms Of the district Court shall be held at the times and places following: At Portland, on the first Tuesday in April, on the third Tuesday in September, and on the Second Tuesday in December; at Bangor, On the first Tuesday in June: Provided, however, That in the year nineteen hundred and twelve a session shall be also held at Portland. On the first Tuesday in Febru- ary. (R. S. § 531. March 3, 1911, c. 231, § 85, 36 Stat. 1114. Dec. 22, 1911, c. 7, 37 Stat. 51.) § 1070a. Same; sessions—Hereafter, and until otherwise provided by law, two sessions of the United States District Court for the District of Maine Shall be held in each and every year in the city of Bangor, in said district, beginning, respectively, On the first Tuesday of February and the first Tuesday of June, and three sessions Of said Court shall be held in each and every year in the city of Portland, in said district, beginning, respectively, on the first Tuesday of April, on the third Tuesday of September, and on the second Tuesday in December. (Sept. 8, 1916, c. 475, § 1, 39 Stat. 850.) § 1070b. Same; clerk and marshal; deputy clerk; marshal’s field deputy—The clerk of said district Court for said district of Maine and the mar- shal Of Said district shall each at all times maintain by himself or by deputy an office in charge of him- Self or deputy, both at said city of Bangor and at said city of Portland. The deputy Clerk in charge of the Office in the division in which the Clerk does not re- side himself shall reside in the city where the office 3 1070c (Tit. 12C THE JUDICIAL CODE IPage 146] of which he has charge is located. That said marshal shall appoint a field deputy, who shall have charge of the Office in the division in which the marshal does not reside himself, who shall reside in the city Where the Office of which he has charge is located, and Who, Within and for said division, in the absence of the marshal, shall have all the powers of the marshal, and Who shall also, throughout said district of Maine, have all the powers of other deputy marshals. And Such field deputy, before he enters on the duties of his Of- fice, shall give bond before the judge of said district of like tenor, effect, and amount and Of similar form and Condition, with like Sureties, and to be approved in like manner, as now or may hereafter be required by law of the marshal of Said district. (Sept. 8, 1916, C. 475, § 2, 39 Stat. 850.) § 1070c. Same; divisions—For the purpose of holding terms Of the United States district Court, the district Of Maine as heretOfore Constituted Shall be divided into two divisions, to be known, respectively, as the northern and southern divisions. The Counties of Aroostook, Penobscot, Piscataquis, Washington, Hancock, Waldo, and Somerset shall be known as the northern division, the court for which shall be held in the said City of Bangor. The remaining Counties in Said State and district of Maine shall Constitute the southern division, the Court for which shall be held in the said city of Portland. (Sept. 8, 1916, c. 475, § 3, 39 Stat. 850.) § 1070d. Same; divisions considered separate districts for purposes of jurisdiction and venue; United States Commissioners—For the purpose of determining the jurisdiction and venue of all causes, Suits, actions, bills, petitions, matters, libels, proceed- ings, prosecutions, indictments, complaints, informa- tions, and other judicial business, whether civil or Criminal, Or Whether in equity, in admiralty, in prize, in forfeiture, or in condemnation, in rem, in personam, Or mixed, whatsoever, cognizable in the United States district court, each of said divisions shall be as if it Were a Separate and distinct judicial district Of the United States. There shall be but one judge, one Clerk, One marshal, and One district attorney for said district Of Maine. United States Commissioners in either of said divisions, until otherwise provided by law, shall be appointed and have jurisdiction and cog- nizance through said district of Maine in the same manner and to the same extent and effect that they now have under existing law. (Sept. 8, 1916, c. 475, § 4, 39 Stat. 851.) § 1070e. Same; transfer of eivil and criminal causes—Any cause, suit, action, bill, petition, matter, libel, proceeding, prosecution, indictment, complaint, information, or other judicial business, whether civil Or criminal, or whether in equity, in admiralty, in prize, in forfeiture, or in condemnation, in rem, in personam, or mixed, whatsoever, pending in either of said divisions, when all the parties thereto so stipu- late in writing, and where the ends of justice Or the Convenience Of the parties will be promoted thereby, may, at the discretion of the court or judge, be trans- ferred wholly or specially for the hearing, trial, Or de- termination of any single proceeding, matter, Step, Or motion therein from one of said divisions to the other. On request of all accused in any Criminal prosecu- tion and of all claimants in any Cause, proceeding, libel, information, or other matter in rem, the same may be transferred, at the discretion of the court or judge from one of said divisions to the division in which a term of said Court is next to be held, with- out the joinder in such request of the United States When the Government is the Only Other party thereto not joining in such request. (Sept. 8, 1916, c. 475, § 5, 39 Stat. 851.) § 1070f. Same; ex parte proceedings heard in either division—All ex parte, Of Course, default and pro confesso, proceedings and matters, and all inter- locutory matters in which all interested parties are present and consenting that such hearing may be had, in whichever of said divisions the same may be COg- nizable Or pending, may be heard and determined by the Court Or judge and all findings, Orders, judgments, and decrees be made, and all mesne and final process therein be tested, sealed, issued, and renewed in either Of Said divisions, in term time, vacation, or chambers. (Sept. 8, 1916, c. 475, § 6, 39 Stat. 851.) § 1070g. Same; change of venue or continui- ance—Nothing in this Act contained shall be con- strued to deprive the Court Or judge of the power to grant a change of venue or COntinuance in any cause, proceeding, or matter whatsoever according to law and the requirements of justice. (Sept. 8, 1916, c. 475, § 7, 39 Stat. 851.) § 1070h. Same; time of taking effect of act- This Act shall take effect on the day following its passage, but it shall not apply to or in anywise affect any CauSe, suit, action, bill, petition, matter, libel, pro- ceeding, prosecution, indictment, complaint, informa- tion, stipulation, bail bond, or recognizance now pend- ing in said court, or which has already been institut- ed, begun, filed, entered, made, served, found, or taken, but the Same shall depend, be entered, returned, Con- tinued, prosecuted, tried, heard, and determined and Suitable and appropriate orders, judgment, decrees, and eXecutions, mesne and final and all other process, attachment, monitions, stipulations, bonds, recogni- Zances therein, shall be made, signed, tested, sealed, issued, renewed, served, executed, entered, and return- ed, the Same as under existing law and as if this Act had never been passed, except for the purposes men- tioned in Sections five and six of this Act. All Acts and parts Of Acts in COnsistent with this Act are here- by repealed. (Sept. 8, 1916, c. 475, § 8, 39 Stat. 851.) § 1071. (Jud. Code, § 86.) IMaryland—The State of Maryland shall constitute One judicial district, to be known as the district Of Maryland. Terms of the district Court shall be held at Baltimore On the first Tuesdays in March, June, September, and December; and at Cumiberland on the second Monday in May and the last Monday in September. The clerk of the court shall appoint a deputy who shall reside and maintain an Office at Cumberland, unless the clerk shall himself reside there; and the marshal shall also appoint a deputy, who shall reside and maintain an office at Cumberland, unless he shall himself reside there. (R. S. § 531. March 3, 1911, c. 231, § 86, 36 Stat. 1114.) § 1072. (Jud. Code, § 87.) Massachusetts—The State of Massachusetts shall constitute one judicial district, to be known as the district of Massachusetts. Terms Of the district Court shall be held at Boston. On the third Tuesday in March, the fourth Tuesday in June, the second Tuesday in September, and the first Tuesday in December; and at Springfield, on the Sec- ond Tuesdays in May and December: Provided, That suitable rooms and accommodations for holding court at Springfield shall be furnished free of expense to the Government until such time as a Federal building shall be erected there for that purpose. The marshal and the clerk for said district shall each appoint at least One deputy, to reside in Springfield and to main- tain an office at that place. (R. S. § 531. March 3, 1911, c. 231, § 87, 36 Stat. 1114.) § 1973. (Jud. Code, § 88.) Michigan—The State of Michigan is divided into two judicial districts, to be known as the eastern and western districts of Mich- igan. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, Gladwin, Gratiot, Huron, IOSCO, Isabella, Midland, Montmoren- cy, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Shiawassee, and Tuscola, which shall con- stitute the northern division ; also the territory em- braced on the date last mentioned in the Counties of Branch, Calhoun, Clinton, Hillsdale, Ingham, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oak- Ch. 5) 3 1076 THE JUDICIAL CODE [Page 1471 land, St. Clair, Sanilac, Washtenaw, and Wayne, which shall constitute the southern division of said district. Terms of the district court for the southern division ...shall be held at Detroit on the first Tuesdays in March, June, and November; for the northern division, at Bay City on the first Tuesdays in May and October, and at Port Huron in the discretion of the judge of said Court and at such times as he shall appoint there- for. There shall also be held a special or adjourned term of the district court at Bay City for the hearing of admiralty causes, beginning in the month of Febru- ary in each year. The western district shall include the territory embraced on the first day of July, nine- teen hundred and ten, in the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft, which shall constitute the northern division ; also the territory embraced on the Said date last mentioned in the counties of Allegan, Antrim, Barry, Benzie, Berrien, Cass, Charlevoix, Eaton, Emmet, Grand Traverse, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Me- Costa, Missaukee, Montcalm, Muskegon, NeWaygo, Oceana, Osceola, Ottawa, St. Joseph, Van Buren, and Wexford, which shall Constitute the Southern division Of Said district. Terms of the district Court for the Southern division shall be held at Grand Rapids On the first Tuesdays in March and October; and for the northern division, at Marquette On the first Tuesdays in May and September. All issues of fact shall be tried at the terms held in the division where such suit shall be commenced. Actions in rem and admiralty may be brought in whichever division of the eastern district service can be had upon the res. Nothing here- in contained shall prevent the district court of the Western division from regulating, by general rule, the Venue of transitory actions either at law or in equity, Or from changing the same for cause. The clerk of the COUrt for the Western district shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said court held at Marquette, who shall reside and keep his office at that place. The marshal for said western district shall keep an Of- fice and a deputy marshal at Marquette. The clerk of the Court for the eastern district shall keep his office at the city of Detroit, and shall appoint a dep- uty for the court held at Bay City, who shall reside and keep his office at that place. The marshal for Said district shall keep an office and a deputy marshal at Bay City, and mileage on service of process in said northern division shall be computed from Bay City. (R. S. § 538. March 3, 1911, c. 231, § 88, 36 Stat. 1114.) § 1074. Samme; terms of court—The terms of the District Court for the Western District of Michigan for the Southern division shall be held at Grand Rap- ids, commencing on the first Tuesdays in March, June, October, and December; and for the northern divi- SiOn at Marquette, Commencing on the Second Tues- days Of April and September; and at Sault Sainte Marie, Commencing on the second Tuesdays in Jan- uary and July. (July 9, 1912, c. 222, 37 Stat. 190.) § 1075. (Jud. Code, § 89.) Minnesota—The State of Minnesota shall Constitute one judicial dis- trict, to be known as the district of Minnesota. It is divided into six divisions, to be known as the first, second, third, fourth, fifth, and sixth divisions. The first division shall include the territory embraced on the first day Of July, nineteen hundred and ten, in the counties of Winona, Wabasha, Olmsted, Dodge, Steele, Mower, Fillmore, and Houston. The second division shall include the territory embraced. On the date last mentioned in the Counties of Freeborn, Faribault, Mar- tin, Jackson, Nobles, Rock, Pipestone, Murray, Cot- tonwood, Watonwan, Blue Earth, Waseca, Lesueur, Nicollet, Brown, Redwood, Lyon, Lincoln, Yellow Medi- Cine, Sibley, and Lac qui Parle. The third division Shall include the territory embraced on the date last mentioned in the counties of Chisago, Washington, Ramsey, Dakota, Goodhue, Rice, and Scott. The fourth division shall include the territory embraced On the date last mentioned in the COunties Of Henlhe- pin, Wright, Meeker, Kandiyohi, Swift, Chippewa, Ren- ville, McLeod, Carver, Anoka, Sherburne, and Isanti. The fifth division shall include the territory embraced on the date last mentioned in the counties of COOk, Lake, Saint Louis, Itasca, Koochiching, Cass, CrOW Wing, Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Mor- rison, and Benton. The sixth division shall include the territory embraced on the date last mentioned in the counties of Stearns, Pope, Stevens, Bigstone, Trav- erse, Grant, Douglas, Todd, Ottertail, Roseau, Wilkin, Clay, Becker, Wadena, Norman, Polk, Red Lake Mar- shall, Kittson, Beltrami, Clearwater, Mahnomen, and Hubbard. Terms of the district Court for the first division shall be held at Winona on the third Tues- days in May and November; for the second division, at Mankato On the fourth Tuesdays in April and OC- tober; for the third division, at Saint Paul on the first Tuesdays in June and December; for the fourth division, at Minneapolis on the first Tuesdays in April and October; for the fifth division, at Duluth on the second Tuesdays in January and July ; and for the sixth division, at Fergus Falls On the first Tuesday in May and second Tuesday in November. The clerk of the court shall appoint a deputy clerk at each place where the court is now required to be held at which the Clerk shall not himself reside, who shall keep his Office and reside at the place appointed for the hold- ing of said Court. (R. S. § 531. March 3, 1911, c. 231, $ 89, 36 Stat. 1115.) § 1076. (Jud. Code, § 90, amended.) Mississip- pi—The State of Mississippi is divided into two ju- dicial districts, to be known as the northern and south- ern districts of Mississippi. The northern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the Counties of Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Pontotoc, Prentiss, Tish Omingo, and Winston, which shall constitute the eastern division of said district ; also the territory embraced on the date last mentioned in the counties Of Benton, Calhoun, Carroll, De Soto, Grenada, La- fayette, Marshall, Montgomery, Panola, Tate, Tippah, Union, Webster, and Yalobusha, which shall constitute the western division of Said district; also the terri- tory embraced On the date last mentioned in the COun- ties of Bolivar, Coahoma, Leflore, Quitman, Sunflower, Tallahatchie, and Tunica, which shall constitute the Delta division of said district. The terms of the dis- trict Court for the eastern division shall be held at Aberdeen. On the first Mondays in April and October ; and for the Western division, at Oxford. On the first Mondays in June and December; and for the Delta division, at Clarksdale on the fourth Mondays in Jan- uary and July: Provided, That Suitable rooms and accommodations for holding Court at Clarksdale are furnished free of expense to the United States. The southern district shall include the territory embraced On the first day of July, nineteen hundred and ten, in the Counties of Adams, Amite, Copiah, Covington, Franklin, Hinds, Holmes, Jefferson, Jefferson Davis, Lawrence, Lincoln, Madison, Pike, Rankin, Simpson, Smith, Scott, Wilkinson, and Yazoo, which shall con- Stitute the Jackson division ; also the territory em- braced on the date last mentioned in the counties of Claiborne, Issaquena, Sharkey, Warren, and Washing- ton, which shall constitute the Western division ; also the territory embraced on the date last mentioned in the counties of Clarke, Jones, Jasper, Kemper, Lauder- dale, Leake, Neshoba, Newton, Noxubee, and Wayne, which shall constitute the eastern division ; also the territory embraced on the date last mentioned in the counties of Forrest, Greene, Hancock, Harrison, Jack- son, Lamar, Marion, Perry, and Pearl River, which shall Constitute the Southern division. Of Said district. Terms of the district Court for the Jackson division Ž 1077 THE JUDICIAL CODE (Tit. 12C [Page 1481 Shall be held at Jackson on the first Mondays in May and November; for the western division, at Vicks- burg On the first Mondays in January and July; for the eastern division, at Meridian on the second Mon- days in March and September; and for the southern division, at Biloxi on the third Mondays in February and August. The clerk of the court for each district Shall maintain an office in charge of himself or a deputy at each place in his district at which court is now required to be held at which he shall not himself reside, which shall be kept open at all times for the transaction of the business of the court. The marshal for each of said districts shall maintain an office in Charge of himself or a deputy at each place of hold- ing court in his district. (R. S. § 539. March 3, 1911, c. 231, § 90, 36 Stat. 1116. Feb. 5, 1912, c. 28, 37 Stat. 59. May 27, 1912, c. 136, 37 Stat. 118.) § 1077. (Jud. Code, § 91, amended.) Missouri —The State of Missouri is divided into two judicial districts, to be known as the eastern and western dis- tricts of Missouri. The eastern district shall include the territory embraced on the first day of July, nine- teen hundred and ten, in the city of Saint Louis and the counties of Audrian, Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lincoln, Maries, Montgom- ery, Phelps, Saint Charles, Saint Francois, Sainte Genevieve, Saint Louis, Warren, and Washington, Which shall constitute the eastern division of said dis- trict; also the territory embraced on the date last mentioned in the counties of Adair, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby, which Shall Constitute the northern division Of Said district; also the territory embraced on the date last mention- ed in the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Scott, Shannon, Stoddard, and Wayne, which shall constitute the south- eastern division of Said district. Terms Of the dis-, trict Court for the eastern division shall be held at Saint Louis on the third Mondays in March and Sep- tember and at Rolla on the second Mondays in Jan- uary and June: Provided, That suitable rooms and accommodations for holding Court at Rolla are fur- nished free of expense to the United States; for the northern division at Hannibal On the fourth Monday in May and the first Monday in December ; and for the Southeastern division, at Cape Girardeau on the second Mondays in April and October. The western district shall include the territory em- braced on the first day Of July, nineteen hundred and ten, in the Counties of Bates, Caldwell, Carroll, CaSS, Clay, Grundy, Henry, Jackson, Johnson, Lafayette, Livingston, Mercer, Putnam, Ray, Saint Clair, Saline, and Sullivan, which shall constitute the western divi- sion ; also the territory embraced on the date last mentioned in the counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon, which shall constitute the southwestern division ; also the territory embraced on the date last mentioned in the counties of Andrew, Atchison, Buchanan, Clinton, Daviess, Dekalb, Gentry, Holt, Harrison, Nodaway, Platte, and Worth, which shall constitute the Saint Joseph division ; also the territory embraced on the date last mentioned in the Counties of Benton, BOOne, Callaway, Cooper, Camden, Cole, Hickory, HOWard, Miller, Moniteau, Morgan, Osage, and Pettis, which shall constitute the central division; also the terri- tory embraced on the date last mentioned in the coun- ties of Christian, Cedar, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright, which shall constitute the southern division. Terms Of the district Court for the Western division shall be held at Kansas City On the fourth Monday in April and the first Monday in November, and at Chil- licothe On the fourth Monday in May and the first Monday in December: Provided, That suitable rooms and accommodations for holding court at Chillicothe are furnished free of expense to the United States; for the SOuthwestern division, at Joplin on the Sec- Ond Mondays in June and January; for the Saint . Joseph division, at Saint Joseph on the first Monday in March and the third Monday in September ; for the Central division, at Jefferson City on the third Mondays in March and October; and for the south- ern division, at Springfield on the first Mondays in April and October. The clerk of the court at Saint Louis, in the east- ern district, shall maintain an office in charge of him- Self Or a deputy at Saint Louis and Hannibal and at Such other places of holding court in said district aS may be deemed necessary by the judge, which shall be kept Open at all times for the transaction of the business Of the court. The Clerk of the Court for the western district shall maintain an Office in charge of himself or a deputy at Ransas City, at Jefferson City, at Saint Joseph, at Chillicothe, at Joplin, and at Springfield, which shall be kept Open at all times for the transaction of the business of the court. The marshal for each district shall also maintain an Office in Charge of himself or a deputy at each plaCe at Which court is now held in his district. (R. S. § 540. March 3, 1911, c. 231, § 91, 36 Stat. 1117. Dec. 22, 1911, c. 8, 37 Stat. 51.) § 1078. (Jud. Code, § 92.) Montana—The State of Montana Shall constitute one judicial district, to be known as the district of Montana. Terms of the district Court shall be held at Helena on the first Mon- days in April and November ; at Butte on the first - Tuesdays in February and September ; at Great Falls On the first Mondays in May and October; at Mis- Soula. On the first Mondays in January and June; and at Billings on the first Mondays in March and Au- gust. Causes, civil and criminal, may be transferred by the court or judge thereof from Helena to Butte Or from Butte to Helena, or from Helena or Butte to Great Falls, or from Great Falls to Helena or Butte, in Said district, when the convenience of the parties or the ends of justice would be promoted by the trans- fer; and any interlocutory order may be made by the court or judge thereof in either place. (Feb. 22, 1889, c. 180, § 21, 25 Stat. 682. March 3, 1911, c. 231, § 92, 36 Stat. 1118.) § 1079. (Jud. Code, § 93.) Nebraska—The State Of Nebraska shall Constitute One judicial district to be known as the district of Nebraska. Said district is divided into eight divisions. The territory embraced On the first day of July, nineteen hundred and ten, in the counties of Douglas, Sarpy, Washington, Dodge, Colfax, Platte, Nance, Boone, Wheeler, Burt, Thurs- ton, Dakota, Cuming, Cedar, and Dixon, shall consti- tute the Omaha division; the territory embraced On the date last mentioned in the COunties Of Madison, Antelope, Knox, Pierce, Stanton, Wayne, Holt, Boyd, Rock, Brown, and Keya Paha, shall constitute the Norfolk division; the territory embraced on the date last mentioned in the Counties of Cherry, Sheridan, Dawes, Box Butte, and Sioux, shall constitute the Chadron division ; the territory embraced on the date last mentioned in the Counties of Hall, Merrick, How- ard, Greeley, Garfield, Valley, Sherman, Buffalo, Cus- ter, Loup, Blaine, Thomas, Hooker, and Grant, shall Constitute the Grand Island division ; the territory em- braced On the date last mentioned in the Counties Of Lincoln, Dawson, Logan, McPherson, Keith, Deuel, Gar- den, Morrill, Cheyenne, Kimball, Banner, and Scott's Bluff, shall constitute the North Platte division; the territory embraced on the date last mentioned in the Counties of Cass, Otoe, Johnson, Nemaha, Pawnee, RichardsOn, Gage, Lancaster, Saunders, Butler, Sew- ard, Saline, Jefferson, Thayer, Fillmore, York, Polk, and Hamilton, shall constitute the Lincoln division; the territory embraced. On the date last mentioned in the counties of Clay, Nuckolls, Webster, Adams, Kear- Ch. 5) 3 1084 THE JUDICIAL CODE § [Page 1491 ney, Franklin, Harlan, and Phelps, shall constitute the Hastings division; and the territory embraced on the date last mentioned in the counties of Gosper, Furnas, Red Willow, Frontier, Hayes, Hitchcock, Dundy, Chase, and Perkins, shall constitute the McCook di- Vision. Terms of the district court for the Omaha division shall be held at Omaha on the first Monday in April and the fourth Monday in September ; for the Norfolk division, at Norfolk On the third Monday in September; for the Chadron division, at Chadron On the second Monday in September; for the Grand Island division, at Grand Island on the second Mon- day in January ; for the North Platte division, at North Platte on the second Monday in June; for the Lincoln division, at Lincoln on the second Monday in May and the first Monday in October; for the Hast- ings division, at Hastings on the second Monday in March ; and for the McCook division, at McCook On the first Monday in March: Provided, That where pro- Vision is made herein for holding court at places Where there are no Federal buildings, a suitable room in which to hold court, together with light and heat, shall be provided by the city or County where Such court is held, without any expense to the United States. The clerk of the court shall appoint a deputy for each division of the district in which he does not himself reside, who shall keep his office and reside at the place of holding court in the division for which he is ap- pointed. (R. S. § 531. March 3, 1911, c. 231, § 93, 36 Stat. 1118.) § 1080. (Jud. Code, § 94.) Nevada—The State of Nevada shall constitute one judicial district, to be known as the district of Nevada. Terms of the dis- trict court shall be held at Carson City on the first Mondays in February, May, and October. (R. S. § 531. March 3, 1911, c. 231, § 94, 36 Stat. 1118.) § 1081. (Jud. Code, § 95, amended.) INew Hampshire–The State of New Hampshire shall Con- stitute one judicial district, to be known as the district of New Hampshire. Terms of the district court shall be held at Portsmouth on the last Tuesday in Octo- ber, at Concord on the last Tuesday in April and the second Tuesday in December, and at Littleton on the third Tuesday in September. (R. S. § 531. March 3, 1911, c. 231, § 95, 36 Stat. 1119. Aug. 23, 1912, c. 344, 37 Stat. 357.) § 1082. (Jud. Code, § 96, amended.) New Jer- sey–The State of New Jersey shall constitute One ju- dicial district, to be known as the district of New Jersey. Terms of the district court shall be held at Newark on the first Tuesday in April and the first Tuesday in November, and at TrentOn On th:3 third Tuesday in January and the second Tuesday in September of each year. The clerk of the court for the district of New Jersey shall maintain an office, in charge of himself or a deputy, at Newark and at Trenton, each of which offices shall be kept Open at all times for the transaction of the business of the court; and the marshal shall also maintain an office, in charge of himself. Or a deputy, at New- ark and at Trenton, each. Of which Offices Shall be kept Open at all times for the transaction of the business of the court. (R. S. § 531. March 3, 1911, c. 231, § 96, 36 Stat. 1119. Aug. 9, 1912, c. 277, 37 Stat. 265. Feb. 14, 1913, c. 53, 37 Stat. 674.) § 1083. New Mexico—The State, when admitted as aforesaid, shall constitute one judicial district, and the Circuit and district Courts of Said district shall be held at the capital of said State, and the said district shall, for judicial purposes, be attached to the eighth judicial circuit. There shall be appointed for said district one district judge, one United States attorney, and One United States marshal. The judge Of said district shall receive a yearly salary the same as other similar judges of the United States, pay- able as provided for by law, and shall reside in the . district to which he is appointed. There shall be ap- pointed clerks of said courts, who shall keep their Offices at the capital of said State. The regular terms of said courts shall be held On the first Monday in April and the first Monday in October of each year. The circuit and district Courts for said district, and the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties required to be performed by the other circuit and dis- trict courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and the clerks Of the circuit and district courts of said district, and all Other officers and persons performing duties in the administration Of justice therein, shall Severally pos- sess the powers and perform the duties lawfully pos- Sessed and required to be performed by similar Offi- cers in other districts of the United States, and shall, for the services they may perform, receive the fees and Compensation now allowed by law to Officers per- forming similar services for the United States in the Territory of New Mexico. (June 20, 1910, c. 310, § 13, 36 Stat. 565.) § 1084. (Jud. Code, § 97.) New York—The State of New York is divided into four judicial dis- tricts, to be known as the northern, eastern, southern, and Western districts Of New York. The northern dis- trict shall include the territory embraced on the first day Of July, nineteen hundred and ten, in the counties Of Albany, Broome, Cayuga, Chenango, Clinton, Cort- land, Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint LaWrence, Saratoga, Schenectady, Schohaharie, Tioga, Tompkins, Warren, and Washington, with the waters * thereof. Terms Of the district Court for said district shall be held at Albany on the second Tuesday in Feb- ruary ; at Utica on the first Tuesday in December ; at Binghamton on the second Tuesday in June; at Auburn on the first Tuesday in October; at Syracuse on the first Tuesday in April; and, in the discretion Of the judge of the Court, One term annually at Such time and place within the counties of Saratoga, Onon- daga, Saint Lawrence, Clinton, Jefferson, Oswego, and Franklin, as he may from time to time appoint. Such appointment shall be made by notice of at least twen- ty days published in a newspaper published at the place where said Court is to be held. The eastern dis- trict shall include the territory embraced on the first day of July, nineteen hundred and ten, in the Coun- ties of Richmond, Kings, Queens, Nassau, and Suf- folk, with the waters thereof. Terms of the district court for said district shall be held at Brooklyn on the first Wednesday in every month. The Southern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the Counties of Columbia, Dutchess, Greene, New York, Orange, Putnam, Rockland, Sullivan, Ulster, and West- chester, With the Waters thereof. Terms Of the dis- trict Court for said district Shall be held at New York City On the first Tuesday in each month. The dis- trict Courts Of the SOuthern and eastern districts shall have concurrent jurisdiction Over the waters within the Counties of New York, Kings, Queens, Nassau, Richmond, and Suffolk, and Over all seizures made and all matters done in Such Waters; all processes Or Ol'- ders issued within either of Said COUrts Or by any judge thereof shall run and be executed in any part Of Said waters. The Western district Shall include the territory embraced on the first day of July, nineteen hundred and ten, in the COunties Of Allegany, Catta- raugus, Chautauqua, Chemung, Erie, Genessee, Liv- ingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates, with the waters thereof. Terms Of the district Court for said district shall be held at Elmira. On the second Tuesday in January ; at Buffalo on the second Tues- days in March and November; at Rochester on the second Tuesday in May; at Jamestown on the second 3 1085 § (Tit. 12C THE JUDICIAL CODE [Page 1501 Tuesday in July; at Lockport on the second Tuesday in October ; and at Canandaigua. On the Second Tues- day in September. The regular sessions of the dis- trict Court for the Western district for the hearing Of motions and for proceedings in bankruptcy and the trial of causes in admiralty, shall be held at Buffalo at least two weeks in each month of the year, ex- cept August, unless the business is sooner disposed of. The times for holding the same and such other special sessions as the court shall deem necessary shall be fixed by rules of the court. All process in admir- alty causes and proceedings shall be made returnable at Buffalo. The judge of any district in the State of New York may perform the duties of the judge of any other district in such State upon the request of any resident judge entered in the minutes of his court; and in Such Cases such judge shall have the Same pow- ers as are vested in the resident judge. (R. S. §§ 541, 542. May 12, 1900, c. 391, 31 Stat. 175. March 3, 1911, c. 231, § 97, 36 Stat. 1119.) § 1085. (Jud. Code, § 98, amended.) North Carolina—The State of North Carolina is divided into two districts, to be known as the eastern and Western districts of North Carolina. The eastern dis- trict shall include the territory embraced on the first day of July, nineteen hundred and ten, in the COun- ties of Beaufort, Bertie, Bladen, Brunswick, Camden, Chatham, Cumberland, Currituck, Craven, Columbus, Chowan, Carteret, Dare, Duplin, Durham, EdgeCOmbe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Lee, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Robeson, Richmond, Sampson, Scotland, Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wil- Son. Terms of the district Court for the eastern dis- trict shall be held at Laurinburg on the last Mon- days in March and September; at Wilson. On the first Mondays in April and October; at Elizabeth City On the second Mondays in April and October ; at Washing- ton on the third Mondays in April and October; at Newbern On the fourth Mondays in April and October; at Wilmington on the second Monday after the fourth Mondays in April and October; and at Raleigh. On the fourth Monday after the fourth Mondays in April and October: Provided, That the city of Washington, the city of Laurinburg, and the city of Wilson shall each provide and furnish at its own expense a suita- ble and convenient place for holding the district court at Washington, at Laurinburg, and at Wilson until a courthouse shall be constructed by the United States. The clerk of the Court for the eastern district shall maintain an office in charge of himself or a deputy at Raleigh, at Wilmington, at Newbern, at Elizabeth City, at Washington, at Laurinburg, and at Wilson, Which shall be kept open at all times for the transaction of the business Of the Court. The Western district shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the counties of Alamance, Alexander, Ashe, Al- leghany, Anson, Buncombe, Burke, Caswell, Cabarrus, Catawba, Cleveland, Caldwell, Clay, Cherokee, David- son, Davie, Forsyth, Guilford, Gaston, Graham, Hen- derson, Haywood, Iredell, Jackson, Lincoln, Montgom- ery, Mecklenburg, Mitchell, McDowell, Madison, Ma- con, Orange, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Swain, Transyl- vania, Union, Wilkes, Watauga, Yadkin, and Yancey. Terms of the district Court for the Western district Shall be held in Greensboro. On the first Mondays in June and December; at Statesville on the third Mon- days in April and October ; at Salisbury on the fourth Mondays in April and October ; at Asheville on the first Mondays in May and November ; at Charlotte on the first Mondays in April and October; and at Wil- kesboro on the fourth Mondays in May and Novem- ber. The clerk Of the Court for the Western district shall maintain an office in charge of himself or a dep- uty at Greensboro, at Asheville, at Statesville, and at Wilkesboro, which shall be kept open at all times for the transaction of the business of the court. (R. S. § 543. March 3, 1911, c. 231, § 98, 36 Stat. 1120. Oct. 7, 1914, c. 318, 38 Stat. 728.) - § 1085a. Same; terms of court—Two addition- al terms Of the district Court for the trial of Civil Cases, for the eastern district Of North Carolina shall be held at Raleigh, North Carolina, on the first Mon- day in March and the first Monday in September. (April 27, 1916, c. 91, 39 Stat. 56.) - © § 1086. (Jud. Code, § 99, amended.) North Da- kota—The State of North Dakota shall constitute Olle judicial district, to be known as the district of North Dakota. The territory embraced on the first day of January, nineteen hundred and sixteen, in the COun- ties of Burleigh, Logan, McIntosh, Emmons, Kidder, McLean, Adams, Bowman, Dunn, Hettinger, Morton, Stark, Golder. Valley, Slope, Sioux, Oliver, Mercer, Billings, and McKenzie shall constitute the southWest- ern division of said district; and the territory em- braced On the date last mentioned in the Counties of Cass, Richland, Barnes, Sargent, Ransom, and Steele shall constitute the southeastern division; and the territory embraced on the date last mentioned in the counties of Grand Forks, Traill, Walsh, Pembina, Cav- alier, and Nelson shall constitute the northeastern; and the territory embraced on the date last mention- ed in the counties of Ramsey, Benson, Towner, Rolette, Bottineau, Pierce and McHenry shall constitute the northWestern division ; and the territory embraced on the date last mentioned in the counties of Ward, Wil- liams, Divide, Mountrail, Burke, and Renville shall constitute the western division ; and the territory em- braced. On the date last mentioned in the counties of Griggs, Foster, Eddy, Wells, Sheridan, Stutsman, La- moure, and Dickey shall constitute the Central divi- Sion. The several Indian reservations and parts there- of within said State shall constitute a part of the sev- eral divisions within which they are respectively sit- uated. Terms Of the district Court for the Southwest- ern division shall be held at Bismarck on the first Tuesday in March ; for the southeastern division, at Fargo on the third Tuesday in May ; for the north- eastern division, at Grand Forks, on the second Tues- day in November ; for the northwestern division, at Devils Lake on the first Tuesday in July for the Western division, at Minot On the Second Tuesday in October; and for the central division, at Jamestown on the second Tuesday in April. The clerk. Of the COUrt Shall maintain an Office in charge of himself or a deputy at each place at which court is held in his district: Provided, That the Government of the Unit- ed States shall incur no expense for rent, light, heat, water, or janitor service for the building in which Court shall be held until Such time as the Government may erect its own court room. (April 26, 1890, c. 161, 26 Stat. 67. Feb. 4, 1895, c. 55, 28 Stat. 642. March 3, 1911, c. 231, § 99, 36 Stat. 1121. 28, 37 Stat. 60. July 17, 1916, c. 248, 39 Stat. 386.) § 1087. (Jud. Code, § 100, amended.) Ohio- The State of Ohio is divided into two judicial dis- tricts, to be known as the northern and Southern dis- tricts of Ohio. The northern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Ashland, Ashtabula, Cuyahoga, Carroll, Columbiana, Crawford, Geauga, Holmes, Lake, Lorain, Medina, Mahoning, Portage, Richland, Summit, Stark, Tuscarawas, Trumbull, and Wayne, which shall constitute the eastern division ; also the territory embraced on the date last mention- ed in the counties of Auglaize, Allen, Defiance, Erie, Fulton, Henry, Hancock, Hardin, Huron, Lucas, Mer- cer, Marion, Ottawa, Paulding, Putnam, Seneca, San- dusky, Van Wert, Williams, Wood, and Wyandot, which shall constitute the western division Of Said dis- trict. Terms Of the district Court for the eastern di- vision shall be held at Cleveland on the first Tuesdays Feb. 5, 1912, c. . Ch. 5) Ž 1090 THE JUDICIAL CODE [Page 151] in February, April, and October, and at Youngstown on the first Tuesday after the first Monday in March; and for the Western division, at Toledo on the last Tuesdays in April and October. Grand and petit ju- rorS Summoned for Service at a term of GOurt to be held at Cleveland may, if in the opinion of the court the public Convenience so requires, be directed to serve also at the term then being held or authorized to be held at Youngstown. Crimes and offenses committed ... in the eastern division shall be cognizable at the terms held at Cleveland or at Youngstown, as the court may direct. Any suit brought in the eastern division may, in the discretion of the court, be tried at the term held at Youngstown. The southern district shall include the territory embraced on the first day of July, nine- teen hundred and ten, in the counties of Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and Warren, Which shall constitute the western division; also the territory embraced on the date last mentioned in the Counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harri- SOn, Hocking, Jackson, Jefferson, Knox, Licking, LO- gan, Madison, Meigs, Monroe, Morgan, Morrow, Musk- ingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington, which shall constitute the eastern division. Of Said district. Terms Of the dis- trict court for the western division shall be held at Cincinnati on the first Tuesdays in February, April, and October ; and for the eastern division at Colum- bus On the first Tuesdays in June and December, and at Steubenville on the first Tuesdays of March and September. Grand and petit jurors summoned for service at a term of court being held at Columbus may, if in the opinion of the court the public convenience SO requires, be directed to serve also at the term be- ing held or authorized to be held at Steubenville. Crimes and offenses committed in the eastern division Shall be cognizable at the terms held at Columbus, or at Steubenville, as the court may direct. Any suit brought in the eastern division may, in the discretion Of the Court, be tried at the term held at Steubenville: Provided, That suitable rooms and accommodations for holding court at Steubenville shall be furnished free of expense to the Government until the comple- tion of the Federal building: And provided further, That terms of the district Court for the southern dis- trict shall be held at Dayton on the first Mondays in May and November. fenses committed in any part of said district shall also be cognizable at the terms held at Dayton. All suits which may be brought within the southern dis- trict, or either division thereof, may be instituted, tried, and determined at the terms held at Dayton. (R. S. § 544. March 3, 1911, c. 231, § 100, 36 Stat. 1121. March 4, 1915, c. 159, 38 Stat. 1187.) § 1088. (Jud. Code, § 101, amended.) Okla- horma—The State of Oklahoma is divided into tWO judicial districts, to be known as the eastern and west- ern districts of Oklahoma. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and sixteen, in the counties of Adair, Atoka, Bryan, Craig, Cherokee, Creek, Choc- taw, Coal, Carter, Delaware, Garvin, Grady, Haskell, Hughes, Jefferson, Johnston, Latimer, Le Flore, Love, McClain, Mayes, Muskogee, McIntosh, McCurtain, Mur- ray, Marshall, Nowata, Ottawa, Okmulgee, Okfuskee, Pittsburg, Pushmataha, Pontotoc, Rogers, Stephens, Sequoyah, Seminole, Tulsa, Washington, and Wagoner. Terms of the district court for the eastern district shall be held at Muskogee on the first Monday in Jan- uary, at Vinita on the first Monday in March, at Tulsa. On the first Monday in April, at South McAles- ter on the first Monday in June, at Ardmore on the first Monday in October, and at Chickasha on the first Monday in November of each year. The western district shall include the territory embraced on the Prosecutions for crimes and, of . first day of July, nineteen hundred and sixteen, in the COUnties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Grant, Greer, Harmon. Harper, Jackson, Kay, Kingfisher, Kiowa, Lincoln, L0- gan, Major, Noble, Oklahoma, Osage, Pawnee, Payne, Pottawatomie, Roger Mills, Texas, Tillman, Washita, Woods, and Woodward. Terms of the district Court for the Western district shall be held at Oklahoma City on the first Monday in January, at Enid On the first Monday in March, at Guthrie on the first Mon- day in May, at Lawton on the first Monday in Sep- tember, and at Woodward. On the Second MOnday in November: Provided, That suitable rooms and acCOm- modations for holding court at Woodward are fur- nished free of expense to the United States. The clerk Of the district Court for the eastern district Shall keep his office at Muskogee and the clerk for the West- ern district at Guthrie, and shall maintain an office in charge Of himself or a deputy at Oklahoma City. (June 16, 1906, c. 3335, §§ 13, 14, 34 Stat. 275. March 3, 1911, c. 231, § 101, 36 Stat. 1122. Feb. 20, 1917, c. 102, 39 Stat. 927, June 13, 1918, c. 97, 40 Stat.) § 1089. (Jud. Code, § 102.) Oregon—The State of Oregon shall constitute one judicial district, to be known as the district of Oregon. Terms of the dis- trict court shall be held at Portland on the first MOn- days in March, July, and November; at Pendleton. On the first Tuesday in April; and at Medford. On the first Tuesday in October. The marshal and the Clerk for said district shall each appoint, in the manner pro- vided by law, at least one deputy at Pendleton and one at Medford, who shall reside and maintain an Of- fice at each of said places. (R. S. § 531. March 3, 1911, c. 231, § 102, 36 Stat. 1122.) § 1090. (Jud. Code, § 103, amended.) Pennsyl- vania—The State of Pennsylvania is divided into three judicial districts, to be known as the eastern, middle, and western districts of Pennsylvania. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Berks, Bucks, Chester, Delaware, Lan- Caster, Lehigh, Montgomery, Northampton, Philadel- phia, and Schuylkill. Terms of the district court shall be held at Philadelphia on the second Mondays in March and June, the third Monday in September, and the Second Monday in December, each term to COn- tinue until the succeeding term begins. The middle district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Adams, Bradford, Cameron, Carbon, Cen- ter, Clinton, Columbia, Cumberland, Dauphin, Frank- lin, Fulton, Huntingdon, Juniata, Lackawanna, Leb- anon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder, Sulli- Van, Susquehanna, Tioga, Union, Wayne, Wyoming, and York. Terms of the district Court shall be held. at Scranton on the second Monday in March and the third Monday in October ; at Harrisburg on the first Mondays in May and December; at Sunbury on the second Monday in January ; and at Williamsport on the first Monday in June. The clerk of the court for the middle district shall maintain an office, in charge of himself or a deputy, at Harrisburg; the civil suits instituted at that place Shall be tried there, if either party resides nearest that place of holding court, un- less by consent of parties they are removed to another place for trial. The Western district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the COunties Of Allegheny, Arm- strong, Beaver, Bedford, Blair, Butler, Cambria, Clar- ion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mer- cer, Somerset, Venango, Warren, Washington, and Westmoreland. Terms of the district Court Shall be held at Pittsburgh on the first Monday of May and the Second Monday of NOWember, and terms Of the court shall be held at Erie on the third Monday of 3 1090 (Tit. 12C THE JUDICIAL CODE IIPage 1521 - March and the third Monday of September. The clerk and marshal Of Said district shall have their princi- pal Offices at Pittsburgh, and shall maintain, by them- Selves or by their deputies, offices at Erie. The clerk shall place all cases in which the defend- ants reside in the Counties of said district nearest Erie upon the trial list for trial at Erie, where the same Shall be tried, unless the parties thereto stipulate that the same may be tried at Pittsburgh. (R. S. § 545. March 3, 1911, c. 231, § 103, 36 Stat. 1123. March 3, 1913, c. 113, 37 Stat. 730. June 6, 1914, c. 104, 38 Stat. 385. Sept. 9, 1914, c. 296, 38 Stat. 713.) § 1091. (Jud. Code, § 104, amended.) Rhode Island-The State of Rhode Island shall constitute One judicial district, to be known as the district of Rhode Island; terms of the district court shall be held at Providence on the fourth Tuesday in May and the third Tuesday in November. (R. S. § 531. March 3, 1911, c. 231, § 104, 36 Stat. 1123. Feb. 1, 1912, C. 27, 37 Stat. 59.) - § 1092. (Jud. Code, § 105, amended.) South Carolina—The State of South Carolina is divided in- to tWO districts, to be known as the eastern and west- ern districts of South Carolina. The western district Shall include the territory embraced on the first day Of July, nineteen hundred and ten, in the counties Of Abbeville, Anderson, Cherokee, Chester, Edgefield, Fairfield, Greenville, Greenwood, Lancaster, Laurens, Newberry, Oconee, Pickens, Saluda, Spartanburg, Un- ion, and York. Terms of the district court for the Western district shall be held at Greenville on the third Tuesdays in April and October. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the Counties of Aiken, Bamberg, Barnwell, Beaufort, Berk- eley, Calhoun, Charleston, Chesterfield, Clarendon, Col- leton, Darlington, Dillon, Dorchester, Florence, George- town, Hampton, Horry, Kershaw, Lee, Lexington, Mar- ion, Marlboro, Orangeburg, Richland, Sumter, and Williamsburg. Terms Of the district Court for the eastern district shall be held at Charleston on the first Tuesdays in June and December; at Columbia On the third Tuesday in January and the first Tues- day in November, the latter term to be solely for the trial of civil cases; and at Florence on the first Tues- day in March. The Offices of the clerk Of the district Court shall be at Greenville and at Charleston; and the Clerk shall reside in One of said Cities and have a deputy in the other. c. 231, § 105, 36 Stat. 1123. Feb. 5, 1912, c. 28, 37 Stat. 60.) - § 1092a. Same; terms of court; offices of clerks—The terms of the district court for the east- ern district shall be held at Charleston. On the first Tuesday in June and December ; at Columbia, on the third Tuesday in January and first Tuesday in Novem- ber; at Florence, first Tuesday in March ; and at Aiken, on the first Tuesday in April and October. Terms of the district Court of the Western district shall be held at Greenville on the first Tuesday in April and the first Tuesday in October ; at Rock Hill, the second Tuesday in March and September; at Greenwood, the first Tuesday in February and No- vember; and at Anderson, the fourth Tuesday in May and November. - The Office Of the Clerks Of the district Court for the Western district shall be at Greenville, and the Office Of the clerk Of the district Court for the eastern dis- trict shall be at Charleston. (March 3, 1915, c. 100, § 5, 38 Stat. 961, amended, Sept. 1, 1916, c. 434, 39 Stat. 721.) * * § 1093. (Jud. Code, § 106.) South Dakota—The State of South Dakota shall COnstitute One judicial district, to be known as the district of South Dakota. The territory embraced on the first day of July, nine- teen hundred and ten, in the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, DaViSOn, Douglas, Gregory, Hanson, Hutchin- (R. S. § 546. Márch 3, 1911, | Son, Kingsbury, Lake, Lincoln, McCook, Miner, Min- nehaha, Moody, Sanborn, Turner, Union, and Yankton, and in the Yankton Indian reservation, shall consti- tute the Southern division of said district; the terri- tory embraced on the date last mentioned in the coun- ties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Schnasse, Spink, and Walworth, and in the Sisseton and Wahpeton Indian reservation, and in that portion of the Standing Rock Indian res- erVation lying in South Dakota, shall constitute the Inorthern division ; the territory embraced on the date last mentioned in the counties of Armstrong, Buffalo, DeWey, Faulk, Hand, Hughes, Hyde, Jerauld, Lyman, Potter, Stanley, and Sully, and in the Cheyenne River, LOWer Brule, and Crow Creek Indian reservations, Shall Constitute the central division ; and the terri- tory embraced on the date last mentioned in the coun- ties of Bennett, Butte, Custer, Fall River, Harding, LaWrence, Meade, Mellette, Pennington, Perkins, Shan- non, Todd, Tripp, Washabaugh, and Washington, and in the Rosebud and Pine Ridge Indian reservations, Shall Constitute the western division. Terms of the district Court for the southern division shall be held at Sioux Falls on the first Tuesday in April and the third,Tuesday in October; for the northern division, at Aberdeen on the first Tuesday in May and the sec- Ond Tuesday in November; for the central division, at Pierre on the second Tuesday in June and the first Tuesday in October; and for the western division, at Deadwood on the third Tuesday in May and the first Tuesday in September. The clerk of the district court Shall maintain an office in charge of himself or a deputy at Sioux Falls, at Pierre, at Aberdeen, and at DeadWood, which shall be kept open for the transac- tion of the business of the court. (Feb. 27, 1890, c. #. ; Stat. 14. March 3, 1911, c. 231, § 106, 36 Stat. § 1094. (Jud. Code, § 107, amended.) Tennes- see-The State of Tennessee is divided into three dis- tricts, to be known as the eastern, middle, and west- ern districts of Tennessee. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Bledsoe, Bradley, Hamilton, James, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie, which shall constitute the Southern division of said district; also the territory embraced. On the date last mentioned in the counties Of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Se- Vier, Scott, and Union, which shall constitute the northern division of said district; also the territory embraced. On the date last mentioned in the COunties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington, which Shall Constitute the northeastern division of said dis- trict. Terms of the district court for the Southern division Of Said district shall be held at Chattanooga On the fourth Monday in April and the Second Mon- day in November; for the northern division, at Knox- ville On the fourth Monday in May and the first Mon- day in December; and for the northeastern division, at Greeneville on the first Monday in March and the third Monday in September. The middle district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Bedford, Cannon, Cheatham, Coffee, Davidson, Dick- son, Franklin, Giles, Grundy, Hickman, Humphreys, Houston, Lawrence, Lewis, Lincoln, Marshall, Maury, Montgomery, Moore, Robertson, Rutherford, Stewart, Sumner, Trousdale, Warren, Wayne, Williamson, and Wilson, which shall constitute the Nashville division of said district ; also the territory embraced on the date last mentioned in the counties of Clay, Cumber- land, Dekalb, Fentress, Jackson, Macon, Overton, Pick- ett, Putnam, Smith, Van Buren, and White, which shall constitute the northeastern division Of Said dis- trict. Terms of the district court for the Nashville Ch. 5) ź 109ā - THE JUDICIAL CODE [Page 1531 division of said district shall be held at Nashville On the second Monday in March and the fourth Monday in September; and for the northeastern division, at Cookeville on the third Monday in April and the first Monday in November: Provided, That suitable a C- commodations for holding court at Cookeville shall be provided by the county or municipal authorities with- out expense to the United States. trict shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Dyer, Fayette, Haywood, Lauderdale, Shelby, and Tipton, which shall constitute the western division of said district; also the territory embraced on the date last mentioned in the counties of Benton, Carroll, Chester, Crockett, Decatur, Gibson, Hardeman, Har- din, Henderson, Henry, Lake, McNairy, Madison, Obi- on, Perry, and Weakley, including the waters of the Tennessee River to low-water mark on the eastern Shore thereof wherever such river forms the bound- ary line between the western and middle districts of Tennessee, from the north line of the State of Alabama north to the point in Henry County, Tennessee, where the south boundary line of the State of Kentucky strikes the east bank of the river, which shall Con- stitute the eastern division of said district. Terms of the district court for the western division of said dis- trict shall be held at Memphis on the fourth Mondays in May and November; and for the eastern division, at Jackson on the fourth Mondays in April and OC- tober. The clerk of the court for the western dis- trict shall appoint a deputy, who shall reside at Jack- son. The marshal for the western district shall ap- point a deputy, who shall reside at Jackson. The marshal for the eastern district shall appoint a dep- uty, who shall reside at Chattanooga. The Clerk Of the court for the eastern district shall maintain an office in charge of himself or a deputy at Knoxville, at Chattanooga, and at Greeneville, which shall be kept open at all times for the transaction of the busi- ness of the court. (R. S. § 547. March 3, 1911, c. 231, § 107, 36 Stat. 1124. Aug. 20, 1912, c. 306, 37 Stat. 314.) § 1094a. Saxme; term of court—A term of the district Court for the middle district of Tennessee shall be held at Winchester on the first Monday in April and the third Monday in November. (June 22, 1916, c. 161, 39 Stat. 232.) - § 1095. (Jud. Code, § 108.) Texas—The State of Texas is divided into four districts, to be known as the northern, eastern, western, and southern districts of Texas. The northern district shall include the ter- ritory embraced on the first day of July, nineteen hun- dred and ten, in the counties of Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro, and Rockwall, which shall constitute the Dallas division ; also the territory embraced on the date last mentioned in the COunties of Archer, Baylor, Clay, Comanche, Erath, Foard, Hardeman, Hood, Jack, Palo Pinto, Parker, Tarrant, Wichita, Wilbarger, Wise, and Young, which shall constitute the Fort Worth division ; also the terri- tory embraced on the date last mentioned in the COun- ties of Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dal- lam, Deaf Smith, Dickens, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchin- son, King, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler, which shall consti- tute the Amarillo division ; also the territory em- braced on the date last mentioned in the Counties of [Andrews, Borden, Callahan, Dawson, Eastland, Fish- er, [Gaines, Garza, Haskell, Howard, Jones, Kent, Knox, Lynn, [Martin, Midland, Mitchell, Nolan, Scur- ry, Shackelford, Stephens, Stonewall, Taylor, Terry, Throckmorton, and Yoakum, which shall constitute the Abilene division; also the territory embraced on the date last mentioned in the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, The Western dis- Mills, Runnels, Schleicher, Sterling, Sutton, Tom Green, and [Upton, which shall constitute the San Angelo di- vision of the said district. Terms of the district Court for the Dallas division shall be held at Dallas on the second Monday in January and the first Monday in May; for the Fort Worth division, at Fort Worth on the first Monday in November and the second Monday in March ; for the Amarillo division, at Amarillo on the third Monday in April and the fourth Monday in Sep- tember ; for the Abilene division, at Abilene On the first Monday in October and the second Monday in April; and for the San Angelo division, at San An- gelo on the third Monday in October and the fourth Monday in April. The clerk of the court for the north- ern district shall maintain an office in charge of him- self or a deputy at Dallas, at Fort Worth, at Amaril- lo, at Abilene, and at San Angelo, which shall be kept Open at all times for the transaction of the business. of the court. The eastern district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Anderson, An- gelina, Cherokee, Gregg, Henderson, Houston, NaCOg- doches, Panola, Rains, Rusk, Smith, Van Zandt, and Wood, which shall Constitute the Tyler division ; also the territory embraced on the date last mentioned in the counties of Hardin, Jasper, Jefferson, Liberty, Newton, Orange, Sabine, San Augustine, Shelby, and Tyler, Which shall constitute the Beaumont division ; also the territory embraced On the date last mention- ed in the counties of Collin, Cook, Denton, Grayson, and Montague, which shall constitute the Sherman division; also the territory embraced on the date last mentioned in the counties of Camp, Cass, Harrison, Hopkins, Marion, Morris, and Upshur, which shall also the territory Constitute the Jefferson division ; embraced on the date last mentioned in the counties Of Delta, Fannin, Red River, and Lamar, which shall Constitute the Paris division; also the territory em- braced. On the date last mentioned in the counties of Bowie, Franklin, and Titus, which shall constitute the Texarkana division. Terms of the district court for the Tyler division shall be held at Tyler on the fourth Mondays in January and April; for the Jefferson di- Vision, at Jefferson on the first Monday in October and the third Monday in February ; for the Beaumont di- Vision, at Beaumont on the third Monday in Novem- ber and the first Monday in April; for the Sherman division, at Sherman on the first Monday in January and the third Monday in May; for the Paris division, at Paris on the third Monday in October and the first Monday in Maréh; and for the Texarkana division at Texarkana on the third Monday in March and the first Monday in November. The clerk of the court for the eastern district shall maintain an office in charge Of himself or a deputy at Sherman, at Beaumont, and at Texarkana, which shall be kept open at all times for the transaction of the business of said court. The Western district shall include the territory embraced On the first day of July, nineteen hundred and ten, in the Counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washing- ton, and Williamson, which shall constitute the Austin division ; also the territory embraced on the date last mentioned in the counties of Atascosa, Bandera, Bex- ar, Comal, Dimmit, Edwards, Frio, Gonzales, Guada. lupe, Karnes, Kendall, Kerr, Medina, and Wilson, which shall constitute the San Antonio division; also the territory, embraced on the date last mentioned in the counties Of Brewster, [Crane, Ector, El Paso, [Jeff Davis, Loving, Reeves, Presidio, [Ward, and [Wink. ler, which shall constitute the El Paso division; also the territory embraced on the date last mentioned in the counties of Bell, BOSQue, Coryell, Falls, Hamil- ton, Freestone, Hill, Leon, Limestone, McLennan, Mil- am, Robertson, and Somervell, which shall constitute the Waco division; also the territory embraced On the date last mentioned in the counties of Kinney, Mav- erick, Pecos, Terrell, Uvalde, Valverde, and Zavalla, ź 1095a (Tit. 120 THE JUDICIAL CODE which shall constitute the Del Rio division. Terms Of the district Court for the Austin division Shall be held at Austin. On the fourth Monday in January and the second Monday in June ; for the Waco division, at Waco on the fourth Monday in February and the second Monday in November ; for the San Antonio division, at San Antonio On the first Monday in May and the third Monday in December; for the El Paso division, at El Paso on the first Monday in April and the first Monday in October ; and for the Del Rio di- vision, at Del Rio on the third Monday in March and the fourth Monday in October. The clerk of the COurt for the Western district shall maintain an Office in charge of himself or a deputy at Austin, at El Paso, and at Del Rio, which shall be kept open at all times for the transaction of business. trict shall include the territory embraced On the first of July, nineteen hundred and ten, in the Counties Of [Duval,] La Salle, McMullen, [Nueces, Webb, and Zapata, which shall Constitute the Laredo division ; also the territory embraced on the date last mentioned in the counties of Cameron, Hidalgo, and Starr, which shall constitute the Brownsville division; also the territory embraced on the date last mentioned in the Counties of Austin, Brazoria, Chambers, Galveston, Fort Bend, Matagorda, and Wharton, which shall Con- stitute the Galveston division ; also the territory em- braced on the date last mentioned, in the counties of Brazos, Colorado, Fayette, Grimes, Harris, LaVaca, Madison, Montgomery, Polk, San Jacinto, Trinity, Walker, and Waller, which shall constitute the Hous- ton division ; also the territory embraced on the date last mentioned, in the counties of [Bee, Calhoun, DeW- itt, Goliad, Jackson, [Live Oak, Refugio, [Aransas, San Patricio, and Victoria, which shall constitute the Victoria division. Terms of the district Court for the Galveston division shall be held at Galveston On the second Monday in January and the first Monday in June; for the Houston division, at Houston. On the fourth Mondays in February and September; for the Laredo division, at Laredo on the third Monday in April and the second Monday in November; for the Brownsville division, at Brownsville on the Second Monday in May and the first Monday in December ; and for the Victoria division at Victoria on the first Monday in May and the fourth Monday in November. The clerk of the court for the southern district shall maintain an office in charge of himself or a deputy at each of the places now designated for holding Court in said district. (March 11, 1902, c. 183, 32 Stat. 64. March 3, 1911, c. 231, § 108, 36 Stat. 1125.) § 1095a. Same; additional division in north- ern district—The counties of Archer, Baylor, Clay, Cottle, Foard, Montague, King, Knox, Wichita, Wil- barger, and Young shall constitute a division of the northern judicial district of Texas. (Feb. 26, 1917, c. 122, § 1, 39 Stat. 939.) & § 1095b. Same; additional terms of court for northern district; clerk—Terms of the district court of the United States for the said northern dis- trict of Texas shall be held twice each year at the city of Wichita Falls, in Wichita County, on the fourth Monday in March and the third Monday in November. The Clerk Of the Court for the northern district of Texas Shall maintain an Office in charge of himself or a deputy at Wichita Falls, which shall be kept open at all times for the transaction of the business of the court: Provided, That suitable accom- modations for holding court at Wichita Falls shall be provided by the county or municipal authorities without expense to the United States. (Feb. 26, 1917, c. 122, § 2, 39 Stat. 939.) $ § 1096. Same; additional division in south- ern district—The Counties of Bee, Live Oak, Aran- sas, San Patricio, Nueces, Jim Wells, Duval, Brooks and Willacy shall constitute a division of the Southern judicial district of Texas. (May 29, 1912, c. 144, § 1, 37 Stat. 120.) - - - I Page 1541 The Southern dis- . § 1097. Same; additional terms of court for southern district—Terms of the district court of the United States for the said Southern district of Texas shall be held twice in each year at the city of Corpus Christi, in Nueces County, and that, until Oth- erwise provided by law, the judge of said court shall fix the times at which said COUlrt shall be held at Corpus Christi, Of which he shall make publication and give due notice. (May 29, 1912, c. 144, § 2, 37 Stat. 120.) § 1098. Same; additional division in western district—The counties of Reeves, Ward, Martin, Rea- gan, Winkler, Ector, Gaines, Andrews, Upton, Mid- land, Loving, Jeff Davis, and Crane shall constitute a division of the Western judicial district of Texas. (Feb. 5, 1913, c. 28, § 1, 37 Stat. 663.) § 1099. Same; additional terms of court for western district—Terms Of the district Court Of the United States for the said western district of Texas shall be held twice in each year at the city of Pecos, in Reeves County, and that, until otherwise provided by law, the judge of said court shall fix the times at which said court shall be held at Pecos, of which he shall make proclamation and give due notice: Provided, however, That suitable rooms and accom- modations shall be furnished for the holding of said . Court and for the use of the Officers Of Said court at Pecos, free of expense to the Government of the United States. (Feb. 5, 1913, c. 28, § 2, 37 Stat. 663.) § 1100. (Juid. Code, § 109.) Utah—The State of TItah shall constitute one judicial district, to be known as the district of Utah. It is divided into two divisions, to be known as the northern and Central divisions. The northern division shall include the ter- ritory embraced on the first day of July, nineteen hundred and ten, in the counties of Boxelder, Cache, Davis, Morgan, Rich, and Weber. The Central divi- Sion shall include the territory embraced on the date last mentioned in the counties of Beaver, Carbon, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, San Pete, Sevier, Sum- mit Tooele, Uinta, Utah, Wasatch, Washington, and Wayne. Terms of the district court for the northern division shall be held at Ogden on the second Mon- days in March and September; and for the Central division, at Salt Lake City on the second Mondays in April and NOWember. The Clerk Of the Court for said district shall maintain an Office in charge of him- self or a deputy at each of the places where the Court is now required to be held in the district. (July 16, 1894, c. 138, §§ 14–16, 28 Stat. 110. March 3, 1911, c. 231, § 109, 36 Stat. 1127.) § 1 || 01. (Jud. Code, § 110, amended.) Vermont; —The State of Vermont shall constitute one judicial district, to be known as the district of Vermont. Terms of the district court shall be held at Burling- ton, on the fourth Tuesday in February, at Windsor On the third Tuesday in May, at Rutland. On the first Tuesday in October, and at Brattleboro. On the third Tuesday in December. In each year one of the stated terms of the district court may, when adjourned, be adjourned to meet at Montpelier and One at New- port: Provided, however, That suitable rooms and accommodations shall be furnished for the holdings of said court and for the use of the Officers of Said court at Prattjeboro free of expense to the Govern- ment of the United States until the public building provided for by Act of Congress shall be erected. (R. S. § 531. March 3, 1911, c. 231, § 110, 36 Stat. 1127. Feb. 1, 1912, c. 26, 37 Stat. 58.) § 1102. (Jud. Code, § 111, amended.) Virginia —The State of Virginia is divided into two districts, to be known as the eastern and Western districts of Virginia. The eastern district shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the COunties of Accomac, Alexandria, Amelia, Brunswick, Caroline, Charles City, Chesterfield, Cul- peper, Dinwiddie, Elizabeth City, Essex, Fairfax, Ch. 5) 3 1105 THE JUDICIAL CODE IPage 1551 Fauquier, Gloucester, Goochland, Greensville, Han- Over, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lou- doun, Louisa, Lunenburg, Mathews, Mecklenburg, Mid- dlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Orange, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spotsylvania, Staf- ; Surry, Sussex, Warwick, Westmoreland, and Čork. t Terms of the district court shall be held at Rich- mond on the first Mondays in April and October; at Norfolk On the first Mondays in May and November ; and at Alexandria. On the first Mondays in January and July. The Western district shall include the territory em- braced On the first day of July, nineteen hundred and ten, in the Counties Of Alleghany, Albemarle, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Bote- tourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, " Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Pittsyl- Vania, Rappahannock, Roanoke, Rockbridge, Rock- ingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe. Terms of the district court shall be held at Lynch- burg. On the Second Mondays in January and July; at Roanoke on the second Monday in February and the first Monday in August; at Danville on the sec- ond Monday in March and the third Monday in Sep- tember; at Charlottesville On the second Mondays in April and November ; at Harrisonburg on the fourth Mondays in April and November; at Big Stone Gap On the third Monday in May and the Second Monday in October; and at Abingdon. On the second MondayS in June and December. . . The clerk of the court for the western district shall maintain an office in charge of himself or a deputy at Lynchburg, Roanoke, Danville, Charlottesville, Harrisonburg, Big Stone Gap, and Abingdon, which shall be kept open at all times for the transaction Of the business of the court. (R. S. § 549. March 3, 1911, c. 231, § 111, 36 Stat. 1127. June 13, 1918, c. 99, 40 Stat.) - § 1103. (Jud. Code, § 112.) Washington—The State of Washington is divided into two districts, to be known as the eastern and western districts of The eastern district shall include the Washington. territory embraced. On the first day of July, nineteen hundred and ten, in the counties of Spokane, Stevens, Ferry, Okanogan, Chelan, Grant, Douglas, Lincoln, and Adams, with the waters thereof, including all Indian reservations within said counties, which shall constitute the northern division ; also the territory embraced on the date last lmentioned in the Counties Of ASOtin, Garfield, Whitman, Columbia, Walla Walla, Benton, Klickitat, Kittitas, and Yakima, with the waters thereof, including all Indian reserva- tions within said Counties, which shall constitute the Southern division Of Said district. Terms Of the dis- trict Court for the northern division shall be held at Spokane On the first Tuesdays in April and Septem- | ber; for the southern division, at Walla Walla on the first Tuesdays in June and December, and at North Yakima on the first Tuesdays in May and October. The western district shall include the territory em- braced on the first day of July, nineteen hundred and ten, in the Counties of Whatcom, Skagit, Snohomish, King, San Juan, Island, Kitsap, Clallam, and Jeffer- son, with the waters thereof, including all Indian res- ervations within said Counties, which shall constitute the northern division; also the territory embraced on the date last mentioned in the counties of Pierce, Ma- son, Thurston, Chehalis, Pacific, Lewis, Wahkiakum, Cowlitz, Clarke, and Skamania, with the waters there- of, including all Indian reservations within said coun- ties, which shall constitute the southern division of Franklin, Ozaukee, said district. Terms of the district court for the north- ern division shall be held at Bellingham. On the first Tuesdays in April and October; at Seattle On the first Tuesdays in May and November; and for the South- ern division, at Tacoma. On the first Tuesdays in Feb- ruary and July. The clerks of the Courts for the east- ern and Western districts shall maintain an Office in Charge Of himself or a deputy at each place in their respective districts where terms Of Court are now re- Quired to be held. (March 2, 1905, c. 1305, 33 Stat. 824. March 3, 1911, c. 231, § 112, 36 Stat. 1128.) § 1104. (Jud. Code, § 113, amended.) West Virginia—The State of West Virginia is divided into tWO districts, to be known as the northern and South- ern districts of West Virginia. The northern district shall include the territory embraced on the first day Of July, nineteen hundred and ten, in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, Ritchie, Doddridge, Wetzel, Monongalia, Marion, Harrison, Lewis, Gilmer, Calhoun, Upshur, Barbour, Taylor, Preston, Tucker, Randolph, Pendle- ton, Hardy, Grant, Mineral, Hampshire, Morgan, Berk- eley, and Jefferson, with the waters thereof. Terms Of the district Court for the northern district shall be held at Martinsburg on the first Tuesday of April and the third Tuesday of September; at Clarksburg On the second Tuesday of April and, the first Tuesday of October; at Wheeling on the first Tuesday of May and the third Tuesday of October; at Philippi on the fourth Tuesday of May and the second Tuesday of November; at Elkins on the first Tuesday in July and the first Tuesday in December ; and at Parkersburg On the second Tuesday of January and the second Tuesday of June: Provided, That a place for holding Court at Philippi shall be furnished free Of cost to the United States by Barbour County until other provi- sion is made therefor by law: And provided further, That a place for holding court at Elkins shall be fur- nished free of cost to the United States by Randolph County until other provision is made therefor by law. The southern district shall include the territory em- braced. On the first day of July, nineteen hundred and ten, in the Counties of Jackson, Roane, Clay, Braxton, Webster, Nicholas, Pocahontas, Greenbrier, Fayette, Boone, Kanawha, Putnam, Mason, Cabell, Wayne, Lin- coln, Logan, Mingo, Raleigh, Wyoming, McDowell, Mercer, Summers, and Monroe, with the waters there- Of. Terms of the district Court for the Southern dis- trict shall be held at Charleston on the first Tuesday of June and the third Tuesday of November; at Hunt- ington on the first Tuesday of April and the first Tues- day after the third Monday of September ; at Blue- field on the first Tuesday of May and the third Tues- day of October ; at Williamson on the first Tuesday of October; at Webster Springs on the first Tuesday of September; and at Lewisburg on the second Tues- day of July: Provided, That a place for holding court at Webster Springs shall be furnished free of cost to the United States: And provided further, That a place for holding court at Williamson shall be furnished free of cost to the United States by Mingo County un- til other provision is made therefor by law. (Jan. 22, 1901, c. 105, 31 Stat. 736. March 3, 1911, c. 231, § 113, 36 Stat. 1129. March 23, 1912, c. 63, 37 Stat. 76. Aug. 22, 1914, c. 265, 38 Stat. 702.) § 1105. (Jud. Code, § 114.) Wisconsin–The State of Wisconsin is divided into two districts, to be known as the eastern and western districts of Wis- consin. The eastern district shall include the terri- tory embraced on the first day of July, nineteen hun- dred and ten, in the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Mar. inette, Marquette, Milwaukee, Oconto, Outagamie, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago. Terms of the district court for said dis- trict shall be held at Milwaukee on the first Mondays in January and October; at Oshkosh On the Second Tuesday in June; and at Green Bay on the first Tues- * 1106 (Tit. lzo THE JUDICIAL COL}E IPage 156I day in April. The western district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Dunn, Douglas, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Saint Croix, Sauk, Sawyer, Taylor, Trem- pealeau, Vernon, Vilas, Washburn, and Wood. Terms of the district court for said district shall be held at Madison. On the first Tuesday in December ; at Eau Claire on the first Tuesday in June; at La Crosse On the third Tuesday in September; and at Superior on the fourth Tuesday in January and the Second Tues- day in July. The district Court for each of Said dis- tricts shall be Open at all times for the purpose Of hearing and deciding causes of admiralty and mari- time jurisdiction, so far as the same can be done With- Out a jury. The clerk of the Court for the Western district shall maintain an office in charge of himself or a deputy at Madison, at La Crosse, and at Superior, which shall be kept open at all times for the trans- action of the business of the court. The marshal for the western district shall appoint a deputy marshal who shall reside and keep his office at Superior. All Writs and Other process, except Criminal Warrants, is- sued at Superior, may be made returnable at Superior; and the Clerk at that place shall keep in his Office the Original records of all actions, prosecutions, and Spe- Cial proceedings SO commenced and pending therein. Criminal warrants may be returned at any place with- in the district. Where Court is held. Whenever War- rants issued at Superior shall be returned at any oth- er place, the Clerk Of the Court wherein the Warrant is returned, shall certify the same, under the seal of the Court, together with the plea and other proceed- ings had thereon, and the determination of the Court upon Such plea Or proceedings, With all papers and Or- ders filed in reference thereto, to the clerk of the court at Superior ; and the clerk at Superior shall enter upon his records a minute of the proceedings had upon the return Of Said warrant, Certified as aforesaid. All Causes and proceedings instituted in the court at Su- perior, shall be tried therein, unless by consent of the parties, or upon the Order of the court, they are trans- ferred to another place for trial. (R. S. § 550. March 3, 1911, c. 231, § 114, 36 Stat. 1129.) § 1106. (Jud. Code, § 115.) Wyoming—The State of Wyoming and the Yellowstone National Park shall constitute one judicial district, to be known as the district of Wyoming. Terms of the district court for Said district shall be held at Cheyenne On the sec- Ond Mondays in May and November; at Evanston on the Second Tuesday in July ; and at Lander on the first Monday in October; and the said court shall hold One Session annually at Sheridan, and in said national park, On such dates as the court may order. The mar- shal and clerk of the said court shall each, respective- ly, appoint at least one deputy to reside at Evanston, and One to reside at Lander, unless he himself shall reside there, and shall also maintain an office at each of those places: Provided, That until a public build- ing is provided at Ilander, suitable accommodations for holding Court in Said town shall be furnished the Government at an expense not to exceed three hun- dred dollars annually. States for the said district may appoint one or more deputy marshals for the Yellowstone National Park, who shall reside in said park. (July 10, 1890, c. 664, §§ 16–18, 26 Stat. 225. March 3, 1911, c. 231, § 115, 36 Stat. 1130.) Chapter Six—Circuit Courts of Appeals. Sec. - 1107. Circuits, 1108. Circuit courts of appeals. 1109. Circuit judges. 1110. Same; additional judges; appointment and assignment. 1111. Allotment of justices to circuits. 1112. Judges who may sit in circuit court of appeals. The marshal Of the United Sec. 1113. Designation of justices allotted to circuits. 1114. Seals, forms of process, and rules. 1115. Marshals. * 1116. Clerks. - 1117. Deputy clerks. 1118. Terms. - Same; Asheville, N. C. 1119. Rooms for court. Jurisdiction;, when judgment final. Same; when judgment final; certiorari from Supreme Court. . Appeals in proceedings for injunctions and receivers. Appellate and supervisory jurisdiction under bankrupt act. 1123. Appeals from United States court for China. 1124. Allowance of appeals and Writs of error. Writs of error and appeals from district court for Alas- ka; certificate of questions to Supreme Court. 1126. Appeals and writs of error from Alaska. 1126a. Writs of error and appeals from Supreme Courts of S& Hawaii and Porto Rico. - § 1107. (Jud. Code, § 116, amended.), Circuits —There shall be nine judicial circuits of the United States, constituted as follows: tº 1 & First. The first Circuit shall include the districts Of Rhode Island, Massachusetts, New Hampshire, Maine, and POrto RicO. -- . . . Second. The second circuit shall include the districts of Vermont, Connecticut, and New York. tº tº Third. The third circuit shall include the districts of Pennsylvania, New Jersey, and Delaware. º Fourth. The fourth Circuit shall include the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. - - - Fifth. The fifth circuit shall include the districts Of Georgia, Florida, Alabama, Mississippi, Louisiana, and TeXaS. g º Sixth. The Sixth circuit Shall include the districtS of Ohio, Michigan, Kentucky, and Tennessee. g Seventh. The Seventh Circuit shall include the dis- tricts of Indiana, Illinois, and Wisconsin. e Eighth. The eighth circuit shall include the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, Ar- kansas, Colorado, Wyoming, North Dakota, South Da- kota, Utah, and Oklahoma. - Ninth. The ninth Circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana, and Hawaii. (R. S. § 604. March 3, 1911, c. 231, § 116, 36 Stat. 1131. Jan. 28, 1915, c. 22, § 1, 38 Stat. 803.) See §§ 1704, 1704a. New Mexico attached to eighth cir- cuit, and Arizona attached to ninth circuit by § 1704. § 1108. (Jud. Code, § 117.) Cireuit courts of appeals—There shall be in each Circuit a circuit Court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of record, with appellate jurisdiction, as hereinafter limited and established. (March 3, 1891, c. 517, § 2, 26 Stat. 826. March 3, 1911, c. 231, § 117, 36 Stat. 1191.) - § 1109. (Jud. Code, § 118, amended.) Circuit Judges—There shall be in the Second, Seventh, and eighth Circuits, respectively, four Circuit judges; in the fourth Circuit, two circuit judges; and in each of the Other Circuits, three circuit judges, to be appoint- ed by the President, by and with the advice and Con- Sent of the Senate. They shall be entitled to receive a salary at the rate of seven thousand dollars a year each, payable monthly. Each circuit judge shall re- side within his circuit. The circuit judges in each circuit shall be judges. Of the circuit Court of appeals in that circuit, and it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law: Provided, That nothing in this section shall be construed to prevent any circuit judge holding district Court or Serving in the commerce court, or otherwise, as provided for and authorized in other sections of this Act. (March 3, 1911, c. 231, § 118, 36 Stat. 1131. Jan. 13, 1912, c. 9, 37 Stat. 52.) Additional circuit judges constituting Commerce Court, See §§ 992, 1110. - § 1110. (Jud. Code, § 201.) Same; addition- al judges; appointment and assignment—The five Ch. 6) 3 1118 THE JUDICIAL CODE [Page 157 I additional circuit judges authorized by the Act to Create a Commerce Court, and for other purposes, ap- proved June eighteenth, nineteen hundred and ten, shall hold Office during good behavior, and from time to time shall be designated and assigned by the Chief Justice Of the United States for Service in the district Court of any district, or the circuit court of appeals for any circuit, [or in the Commerce Court, and when SO designated and assigned for service in a district Court Or circuit court of appeals shall have the pow- ers and jurisdiction in this Act conferred upon a circuit judge in his circuit. (June 18, 1910, c. 309, § 1, 36 Stat. 539. March 3, 1911, c. 231, § 201, 36 Stat. 1147.) § 1111. (Jud. Code, § 119.) Allotment of juss tices to circuits—The Chief Justice and associate justices of the Supreme Court shall be allotted among the circuits by an Order of the court, and a new al- lotment shall be made whenever it becomes necessary Or Convenient by reason. Of the alteration of any Cir- cuit, or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allot- ment becomes necessary at any other time than dur- ing a term, it shall be made by the Chief Justice, and shall be binding until the next term and until a new allotment by the court. Whenever, by reason of death or resignation, no justice is allotted to a circuit, the Chief Justice may, until a justice is regularly allotted thereto, temporarily assign a jus- tice of another circuit to such circuit. (R. S. §§ 606, 618. March 3, 1911, c. 231, § 119, 36 Stat. 1131.) § 1112. (Jud. Code, § 120.) Judges who may sit in circuit court of appeals—The Chief Justice and the associate justices of the Supreme Court as- signed to each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals within their respective circuits. In case the Chief Justice Or an associate justice of the Supreme Court shall attend at any session of the circuit court of appeals, he shall preside. In the absence of such Chief Justice, or as- sociate justice, the circuit judges in attendance upon the court shall preside in the order of the Seniority of their respective commissions. In case the full court at any time shall not be made up by the at- tendance of the Chief Justice or the associate justice, and the circuit judges, one or more district judges within the Circuit shall sit in the court aCCOrding to such order or provision among the district judges as either by general or particular assignments shall be designated by the court: Provided, That no judge before whom a cause or question may have been tried or heard in a district court, or existing Circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. (March 3, 1891, c. 517, § 3, 26 Stat. 827. March 3, 1911, c. 231, § 120, 36 Stat. 1132.) § 1113. (Jud. Code, § 121.) Designation of justices allotted to circuits---The words “circuit justice” and “justice of a circuit,” when used in this title, shall be understood to designate the justice of the Supreme Court who is allotted to any circuit; but the word “judge,” when applied generally to any circuit, shall be understood to include such justice. (R. S. § 605. March 3, 1911, c. 231, § 121, 36 Stat. 1132.) § 1114. (Jud. Code, §, 122.) Seals, forms of process, and rules—Each of Said circuit courts of appeals shall prescribe the form and style of its seal, and the form Of Writs and other process and procedure as may be conformable to the exercise of its jurisdiction; and shall have power to establish all rules and regulations for the conduct Of the business of the court within its jurisdiction as con- ferred by law. (March 3, 1891, c. 517, § 2, 26 Stat. 826. March 3, 1911, c. 231, § 122, 36 Stat. 1132.) § 1115. (Jud. Code, § 123.) Marshals—The United States marshals in and for the several dis- tricts of said courts shall be the marshals of said cir- Cuit courts of appeals, and shall exercise the same DOWerS and perform the same duties, under the regula- tions of the court, as are exercised and performed by the marshal of the Supreme Court of the United States, So far as the same may be applicable. (July 16, 1892, c. 196, § 1, 27 Stat. 222. March 3, 1911, c. 231, § 123, 36 Stat. 1132.) § 1116. (Jud. Code, § 124.) Clerks—Each court Shall appoint a clerk, who shall exercise the same powers and perform the same duties in regard to all matters within its jurisdiction, as are exercised and performed by the clerk of the Supreme Court, so far as the same may be applicable. (March 3, 1891, c. 517, § 2, 26 Stat. 826. March 3, 1911, c. 231, § 124, 36 Stat. 1132.) § 1117. (Jud. Code, § 125.) Deputy clerks— The clerk of the circuit court of appeals for each Cir- Cuit may, with the approval of the court, appoint such number of deputy clerks as the court may deem nec- essary. Such deputies may be removed at the pleas- ure of the clerk appointing them, with the approval Of the Court. In Case of the death of the clerk his deputy or deputies shall, unless removed by the court, Continue in office and perform the duties of the clerk in his name until a clerk is appointed and has quali- fied; and for the defaults or misfeasances in Office of any such deputy, whether in the lifetime of the clerk Or after his death, the clerk and his estate and the Sureties on his official bond shall be liable, and his executor or administrator shall have such remedy for such defaults or misfeasances Committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. (Feb. 3, 1911, c. 33, 36 Stat. 895. March 3, 1911, c. 231, § 125, 36 Stat. 1132.) § 1 I 18. (Jud. Code, § 126.) Terms—A term shall be held annually by the circuit courts of ap- peals in the several judicial circuits at the follow- ing places, and at Such times as may be fixed by said courts, respectively: In the first circuit, in Boston; in the Second Circuit, in New York; in the third Cir- cuit, in Philadelphia; in the fourth circuit, in Rich- mond; in the fifth Circuit, in New Orleans, Atlanta, Fort Worth, and Montgomery; in the sixth circuit, in Cincinnati; in the seventh circuit, in Chicago; in the eighth circuit, in Saint Louis, Denver or Chey- enne, and Saint Paul; in the ninth circuit, in San Francisco, and each year in two other places in said Circuit to be designated by the judges of said court; and in each of the above circuits, terms may be held at Such other times and in such other places as said Courts, respectively, may from time to time designate: Provided, That terms shall be held in Atlanta. On the first Monday in October, in Fort Worth on the first Monday in November, in Montgomery on the third Monday in October, in Denver or in Cheyenne on the first Monday in September, and in Saint Paul on the first Monday in May. All appeals, writs of error, and Other appellate proceedings which may be taken or prosecuted from the district courts of the United States in the State of Georgia, in the state of Texas, and in the State of Alabama, to the circuit Court Of appeals for the fifth judicial circuit shall be heard and disposed Of, respectively, by said Court at the terms held in Atlanta, in Fort Worth, and in Mont- gomery, except that appeals Or writs Of error in cases of injunctions and in all other cases which, under. the statutes and rules, or in the opinion of the court, are entitled to be brought to a speedy hearing may be heard and disposed of wherever said court may be sitting. All appeals, Writs of errors, and other appellate proceedings which may hereafter be taken or prosecuted from the district Court of the United States at Beaumont, Texas, to the Circuit court of appeals for the fifth circuit, shall be heard and dis- posed of by the said circuit court of appeals at the terms of court held at New Orleans: Provided, That nothing herein shall prevent the court from hearing appeals Or Writs Of error wherever the said Courts 3 1118a (Tit. 12C THE JUDICIAL CODE IPage 158] shall sit, in cases Of injunctions and in all Other Cases which, under the statutes and the rules, Or in the opinion of the court, are entitled to be brought to a speedy hearing. All appeals, writs of error, and other appellate proceedings which may be taken Or prosecuted from the district Courts of the United States in the States of Colorado, Utah, and Wyoming, and the supreme court of the Territory of New Mex- ico to the circuit court of appeals for the eighth judicial circuit, shall be heard and disposed Of by said Court at the terms held either in Denver Or in Chey- enne, except that any case arising in any of said States or Territory may, by consent of all the par- ties, be heard and disposed of at a term of said COurt Other than the One held in Denver or Cheyenne. (March 3, 1891, c. 517, § 3, 26 Stat. 827. June 9, 1902, c. 1071, 32 Stat. 329. June 30, 1902, c. 1333, 32 Stat. 548. Dec. 18, 1902, c. 4, 32 Stat. 756. Jan. 30, 1903, c. 335, 32 Stat. 784. March 4, 1904, c. 395, 33 Stat. 59. April 22, 1904, c. 1420, 33 Stat. 249. March 3, 1911, c. 231, § 126, 36 Stat. 1132.) § 11.18a. Same; Asheville, N. C.—The judges Of the United States Circuit Court of Appeals for the Fourth Circuit shall annually open and hold a term of the court of said Circuit at Asheville, North Caro- lina, at such time as may be fixed by the judges there- of. (July 17, 1916, c. 246, 39 Stat. 385.) § 1119. (Jud. Code, § 127.) Rooms for court —The marshals for the several districts in which said circuit courts of appeals may be held shall, un- der the direction of the Attorney General, and With his approval, provide such rooms in the public build- ings of the United States as may be necessary for the business of said courts, and pay all incidental expenses of said court, including Criers, bailiffs, and messengers: Provided, That in case proper rooms can not be provided in such buildings, then the mar- shals, with the approval of the Attorney General, may, from time to time, lease such rooms as may be necessary for such courts. (March 3, 1891, c. 517, § 9, 26 Stat. 829. March 3, 1911, c. 231, § 127, 36 Stat. 1133.) § 1120. (Jud. Code, § 128, amended.) Juris- diction; when judgment final—The circuit CourtS of appeals shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the district courts, including the United States dis- trict Court for Hawaii and the United States district court for Porto Rico, in all cases other than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in section two hundred and thirty-eight, unless otherwise provided by law; and, except as provided in sections two hun- dred and thirty-nine and two hundred and forty, the judgments and decrees of the circuit court of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the Suit or controversy being aliens and citizens Of the United States or citizens of different States; also in all cases arising under the patent laws, under the trade-mark laws, under the copyright laws, under the revenue laws, and under the Criminal laws, and in admiralty cases. (March 3, 1891, c. 517, § 6, 26 Stat. 828. March 3, 1911, c. 231, § 128, 36 Stat. 1133. Jan. 28, 1915, c. 22, § 2, 38 Stat. 803.) § 1120a. Same; when judgment final; certio- rari from Supreme Court—Judgments and decrees of the circuit courts of appeals in all proceedings and causes arising under “An Act to establish a uniform system of bankruptcy throughout the United States,” approved July first, eighteen hundred and ninety-eight, and in all controversies arising in such proceedings and causes; also, in all causes arising under “An Act relating to the liability of common carriers by railroad to their employees in certain cases,” approv- ed April twenty-second, nineteen hundred and eight; also, in all causes arising under “An Act to pro- mote the safety of employees and travelers upon rail- roads by limiting the hours of service of employees thereon,” approved March fourth, nineteen hundred and seven; also, in all causes arising under “An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with auto- matic couplers and Continuous brakes and their 10- comotives with driving-wheel brakes, and for other purposes,” approved March second, eighteen hundred and ninety-three; and, also, in all causes arising under any amendment Or supplement to any One Of the aforementioned Acts which has been heretofore Or may hereafter be enacted, shall be final, save Only that it shall be competent for the Supreme Court to require by certiorari, upon the petition of any party thereto, that the proceeding, case, or controversy be Certified to it for review and determination, with the same power and authority and with like effect as if taken to that court by appeal or Writ of error. (Jan. 28, 1915, c. 22, § 4, 38 Stat. 804, amended, Sept. 6, 1916, c. 448, § 3, 39 Stat. 727.) § 1121. (Jud. Code, § 129.) Appeals in pro- ceedings for injunctions and receivers—Where up- On a hearing in equity in a district Court, or by a judge thereof in Vacation, an injunction shall be granted, continued, refused, or dissolved by an inter- locutory Order or decree, Or an application to dis- solve an injunction shall be refused, or an interlocu- tory Order or decree shall be made appointing a re- ceiver, an appeal may be taken from such interlocu- tory Order Or decree granting, continuing, refusing, dissolving, or refusing to dissolve, an injunction, or appointing a receiver, to the circuit court of appeals, notwithstanding an appeal in such case might, upon final decree under the statutes regulating the same, be taken directly to the Supreme Court: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the pro- ceedings in other respects in the court below shall not be stayed unless otherwise Ordered by that court, or the appellate court, or a judge thereof, during the pendency of such appeal: Provided, however, That the court below may, in its discretion, require as a condition of the appeal an additional bond. (March 3, 1891, c. 517, § 7, 26 Stat. 828. Feb. 18, 1895, c. 96, 28 Stat. 666. June 6, 1900, c. 803, 31 Stat. 660. April 14, 1906, c. 1627, 34 Stat. 116. March 3, 1911, c. 231, § 129, 36 Stat. 1134.) § 1122. (Jud. Code, § 130.) Appellate and su- pervisory jurisdiction under bankrupt act—The circuit courts of appeals shall have the appellate and supervisory jurisdiction conferred upon them by the Act entitled “An Act to establish a uniform System. of bankruptcy throughout the United States,” ap- proved July first, eighteen hundred and ninety-eight, and all laws amendatory thereof, and shall exercise the same in the manner therein prescribed. (July 1, 1898, c. 541, § 24, 30 Stat. 553. March 3, 1911, c. 231, § 130, 36 Stat. 1134.) See §§ 1120a, 9608. § 1123. (Jud. Code, § 131.) Appeals from United States court for China—The circuit Court of appeals for the ninth circuit is empowered to hear and determine writs of error and appeals from the United States Court for China, as provided in the Act entitled “An Act creating a United States COUlrt for China and prescribing the jurisdiction thereof,” approved June thirtieth, nineteen hundred and Six. (June 30, 1906, c. 3934, § 3, 34 Stat. 815. March 3, 1911, c. 231, § 131, 36 Stat. 1134.) § 1124. (Jud. Code, § 132.) Allowanee of ap- peals and writs of error—Any judge of a circuit court of appeals, in respect of cases brought or to be brought before that court, shall have the Same powers and duties as to allowances of appeals and Writs of error, and the conditions of such allowances, as by law belong to the justices or judges in respect Of other courts of the United States, respectively. Ch. 7) 3 1131 THE JUDICIAI, CODE (March 3, 1891, c. 517, § 11, 26 Stat. 829. March 3, 1911, c. 231, § 132, 36 Stat. 1134.) (Jud. Code, § 133. Superseded.) This section provided for review, by circuit courts of appeals of judgments, etc., of Supreme courts of the territories of Arizona, and New Mexico. Its provisions be- came inoperative on admission of those territories to the Union as states, pursuant to Act June 20, 1910, c. 310, 36 Stat. 557. Each of such states was constituted one judicial district, the district of New Mexico to be attach- ed to the eighth circuit and the district of Arizona to the ninth circuit, by §§ 1053, 1083. r § 1125. (Jud. Code, § 134.) Writs of error and appeals from district court for Alaska; cer- tificate of questions to Supreme Court-In all cases other than those in which a Writ of error Or appeal will lie direct to the Supreme Court of the United States as provided in section two hundred and forty-seven, in which the amount involved or the Val- ue of the subject-matter in controversy shall ex- ceed five hundred dollars, and in all criminal Cases, writs of error and appeals shall lie from the district court for Alaska or from any division thereof, to the circuit court of appeals for the ninth circuit, and the judgments, orders, and decrees of Said Court Shall be final in all such cases. But whenever such circuit court of appeals may desire the instruction of the Supreme Court of the United States upon any ques- tion or proposition of law which shall have arisen in any such case, the court may certify such question Or proposition to the Supreme Court, and thereupon the Supreme Court shall give its instruction upon the question or proposition certified to it, and its in- structions shall be binding upon the circuit Court of appeals. (March 3, 1899, c. 429, § 202, 30 Stat. 1307. June 6, 1900, c. 786, §§ 504, 505, 31 Stat. 414, 415. March 3, 1911, c. 231, § 134, 36 Stat. 1134.) - - § 1126. (Jud. Code, § 135.) Appeals and writs of error from Alaska—All appeals, and Writs Of er- ror, and other cases, coming from the district Court for the district of Alaska to the circuit court of ap- peals for the ninth circuit, shall be entered upon the docket and heard at San Francisco, California, Or at Portland, Oregon, or at Seattle, Washington, as the trial court before whom the case was tried below shall fix and determine: Provided, That at any time be- fore the hearing of any appeal, writ of error, or other case, the parties thereto, through their respective at- torneys, may stipulate at which of the above-named places the same shall be heard, in which case the Case shall be remitted to and entered upon the dOCket at the place so stipulated and shall be heard there. (Jan. 11, 1909, c. 15, 35 Stat. 585. March 3, 1911, c. 231, § 135, 36 Stat. 1135.) § 1126a. Writs of error and appeals from su- premie courts of Hawaii and Porto Rico—Writs Of error and appeals from the final judgments and de- Crees of the Supreme courts of the Territory of Hawaii and of Porto Rico, wherein the amount involved, eXclusive of costs, to be ascertained by the Oath of either party or of other competent witnesses, exceeds the Value of $5,000, may be taken and prosecuted in the circuit courts of appeals. (Jan. 28, 1915, c. 22, § 2, 38 Stat. 804.) Amendatory of Jud. Code, § 246. See § 1223. Chapter Seven—The Court of Claims Sec. 1127. Judges. 1128. Seal. 1129. Session; quorum. 1130. Officers of court. . Same; salaries. 1132. Clerk’s bond. . Contingent fund. 1134. Reports to Congress. Members of Congress not to practice in. 1136. Jurisdiction. - Par. 1. Claims against United States. 2. Set-Offs. 3. Disbursing officers. Same; not to extend to certain claims. 1137. Judgments for set-off or counterclaims. 1138. Decree on accounts of disbursing officers. 1139. Claims referred by departments. Procedure in cases transmitted by departments. IPage 1591 Sec. 1141. Judgments in cases transmitted by departments. 1142. Reference of claims by Congress. 1143. Costs to prevailing party. 1144. Claims growing out of treaties. 1145. Claims pending in other courts. 1146. Aliens. 1147. Claims to be filed within six years. 1148. Rules of practice. 1149. Oaths and acknowledgments, Petitions and verification. Petition dismissed, when. - iii.2. Burden of proof and evidence as to loyalty. 1153. Claims for proceeds arising from sales of abandoned property. ' 1154. Commissioners to take testimony. 1155. Call on departments for information. 1156. When testimony not to be taken. 1157. Examination of claimant. . Testimony; where taken. - 1159. Witnesses before commissioners. 1160. Cross-examinations. 1161. Witnesses; how sworn. 1162. Fees of commissioners. 1163. Claims forfeited for fraud. r 1164. Claims under act of June 16, 1874. 1165. New trial; motion of claimant. 1166. Same ; motion of United States. 1167. Cost of printing record. 1168. No interest on claims. 1169. Payment of judgment. 1170. Final judgments a bar. 1171. Ascertainment of amounts due United States by debt- OI’S. 1172. Appeals. 1173. Appeals in Indian cases. 1174. Attorney General’s report to Congress. 1175. Loyalty jurisdictional fact. - 1176. Appearance by Attorney General for defense. 1177. Exclusion as witnesses because of color or because of - interest. 1178. Reports to Congress. § 1127. (Jud. Code, § 136.) Judges—The Court of Claims, established by the Act of February twen- ty-fourth, eighteen hundred and fifty-five, shall be con- tinued. It shall Consist Of a chief justice and four judges, who shall be appointed by the President, by and with the advice and consent Of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the |United States, and to discharge faithfully the duties . of his office. The chief justice shall be entitled to re- ceive an annual salary of six thousand five hundred dollars, and each of the other judges an annual Sala- ry Of six thousand dollars, payable monthly, from the Treasury. (R. S. § 1049. Feb. 12, 1903, c. 547, 32 Stat. 825. March 3, 1911, c. 231, § 136, 36 Stat. J135.) - l - § 1128. (Jud. Code, § 137.) Seal—The Court of Claims shall have a seal, with such device as it may order. (R. S. § 1050. March 3, 1911, c. 231, § 137, 36 Stat. 1136.) • - § 1129. (Jud. Code, § 138.) Session; quorum —The Court of Claims shall hold One annual session at the city of Washington, beginning on the first Mon- day in December and continuing as long as may be necessary for the prompt disposition of the business of the court. Any three of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business: Provided, That the con- currence of three judges shall be necessary to the de- cision of any case. (R. S. § 1052. June 23, 1874, c. 468, 18 Stat. 252. March 3, 1911, c. 231, § 138, 36 Stat. 1136.) § 1130. (Jud. Code, § 139.) Officers of court— The said court shall appoint a chief clerk, an assistant clerk, if deemed necessary, a bailiff, and a chief mes- senger. The clerks shall take an oath for the faith- ful discharge Of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; but the court shall report such re- movals, with the cause thereof, to Congress, if in session, or if not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause. (R. S. § 1053. March 3, 1911, c. 231, § 139, 36 Stat. 1136.) § 113 i. (Jud. Code, § 140.) Same; salaries— The Salary Of the chief Clerk shall be three thousand 3 1132 (Tit. 12C THE JUDICIAL CODE & IPage 160] five hundred. dollars a year; of the assistant clerk two thousand five hundred dollars a year; Of the bailiff one thousand five hundred dollars a year, and Of the chief messenger one thousand dollars a year, payable monthly from the Treasury. (R. S. § 1054. March 3, 1911, c. 231, § 140, 36 Stat. 1136.) § 1132. (Jud. Code, § 141.) Clerk’s bond—The chief clerk shall give bond to the United States in such amount, in such form, and with such security as shall be approved by the Secretary of the Treasury. É. S. § 1055. March 3, 1911, c. 231, § 141, 36 Stat. 1136.) § 1133. (Jud. Code, § 142.) Contingent fund— The said clerk shall have authority when he has giv- en bond as provided in the preceding Section, to dis- burse, under the direction of the Court, the Contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper accounting Officers of the Treasury in the same Way as the accounts of other disbursing agents of the Government are settled. (R. S. § 1056. March 3. 1911, c. 231, § 142, 36 Stat. 1136.) § 1134. (Jud. Code, § 143.) Reports to Con- gress–On the first day of every regular session of Congress, the clerk of the Court of Claims shall trans- mit to Congress a full and complete statement of all the judgments rendered by the court during the pre- Vious year, stating the amounts thereof and the par- ties in whose favor they were rendered, together with a brief Synopsis of the nature of the claims upon Which they were rendered. At the end of every term Of the Court he shall transmit a copy of its decisions to the heads of departments; to the Solicitor, the Comptroller, and the Auditors of the Treasury; to the Commissioner of the General Land Office and of Indian Affairs; to the chiefs of bureaus, and to other Officers charged with the adjustment of claims against the United States. (R. S. § 1057. March 3, 1911, c. 231, § 143, 36 Stat. 1136.) § 1135. (Juid. Code, § 144.) Members of Con- gress not to practice in—Whoever, being elected or appointed a Senator, Member of, or Delegate to Con- greSS, Or a Resident Commissioner, shall, after his election or appointment, and either before or after he has qualified, and during his continuance in office, practice in the Court of Claims, shall be fined not lmore than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, Ore profit under the Government of the United States. #sº § 1058. March 3, 1911, c. 231, § 144, 36 Stat. tº G. § 1136. (Jud, Code, § 145.) Jurisdiction—The Court of Claims shall have jurisdiction to hear and determine the following matters: - (1) Claims against United States–First. All claims (except for pensions) founded upon the Con- Stitution of the United States or any law of Congress, upon any regulation of an Executive Department, up- On any Contract, expressed or implied, with the Gov- ernment of the United States, or for damages, liq- Ulidated Or unliquidated, in cases not Sounding in tort, in respect of which claims the party would be en- titled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however, That noth- ing in this section shall be construed as giving to the said Court jurisdiction to hear and determine claims growing out of the late civil war, and commonly known as “War Claims,” or to hear and determine Other claims which, prior to March third, eighteen hundred and eighty-seven, had been rejected or report- ed on adversely by any court, department, or commis- Sion authorized to hear and determine the same. (March 3, 1887, c. 359, § 1, 24 Stat. 505. March 3, 1911, c. 231, § 145, 36 Stat. 1136.) , - (2) Set-offs—Second. All set-offs, Counterclaims, claims for damages, whether liquidated or unliquidat- ed, or other demands whatsoever on the part of the Government of the United States against any claim- ant against the Government in said Court: Provided, That no suit against the Government of the United States, brought by any officer of the United States to recover fees for services alleged to bave been per- formed for the United States, shall be allowed under this Chapter until, an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting Officer of the Treas- ury fails to act finally thereon within six months after the account is received in said office. (March 3, 1887, c. 359, § 1, par. 2, 24 Stat. 505. June 27, 1898, c. 503, § 1, 30 Stat. 494. July 1, 1898, c. 546, § 3, 30 Stat. 649. March 3, 1911, c. 231, § 145, par. 2, 36 Stat. 1137.) (3) Disbursing officers—Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from re- sponsibility on account of loss by capture or other- wise, while in the line of his duty, of Government funds, VOuchers, records, Or papers in his Charge, and for which such officer was and is held responsible. (R. S. § 1059. March 3, 1911, c. 231, § 145, par. 3, 36 Stat. 1137.) § 1136a. Same; not to extend to certain claims—From and after the passage and approval Of this Act the jurisdiction of the Court of Claims shall not extend to or include any claim against the Unit- ed States based upon or growing Out of the destruc- tion of any property or damage done to any proper- ty by the military or naval forces of the United States during the war for the suppression. Of the rebellion; nor to any Claim for stores and Supplies taken by Or furnished to Or for the use of the military or naval forces of the United States, nor to any claim for the value of any use and Occupation of any real estate by the military or naval forces of the United States dur- ing said War ; nor shall said Court of Claims have jurisdiction of any claim which is now barred by the provisions of any law of the United States. (March 4, 1915, c. 140, § 5, 38 Stat. 996.) § 1137. (Jud. Code, § 146.) Judgments for set- off or counterclaims—Upon the trial of any cause in which any set-off, counterclaim, claim for damages, or Other demand is set up On the part of the Government against any person making claim against the GOV- ernment in said court, the Court shall hear and de- termine such claim or demand both for and against the Government and claimant; and if upon the whole Case it finds that the claimant is indebted to the GOV- ernment it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in Other Cases provided for by law. Any transcript of such judgment, filed in the clerk’s office of any dis- trict Court, shall be entered upon the records there- of, and shall thereby become and be a judgment of Such COurt and be enforced as Other judgments in such court are enforced. (R. S. § 1061. March 3, 1911, c. 231, § 146, 36 Stat. 1137.) § 1138. (Jud. Code, § 147.) Deeree on accounts of disbursing officers—Whenever the Court, Of Claims ascertains the facts of any loss by any pay- nnaster, quartermaster, commissary of Subsistence, or Other disbursing Officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such Officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting Officers of the Treasury shall allow to Such Officer the amount SO decreed as a Credit in the settlement of his accounts. (R. S. § 1062. March 3, 1911, c. 231, § 147, 36 Stat. 1137.) - § 1139. (Judi. Code, § 148.) Claims referred by departments—When any claim or matter is pend- ing in any of the executive departments which in- Volves Controverted questions of fact or law, the head Of Such department may transmit the same, with the VOuchers, papers, documents and proofs pertain- Ch. 7) 3 1149 TEIE JUDICIAL CODE) ing thereto, to the Court of Claims and the same Shall be there proceeded in under such rules as the COurt may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the department by which it was transmit- ted for its guidance and action: Provided, however, That if it shall have been transmitted with the Con- Sent Of the claimant, Or if it shall appear to the sat- isfaction of the court upon the facts established, that under existing laws or the provisions of this chapter it has jurisdiction to render judgment or decree there- Oln, it shall proceed to do so, in the latter case giving to either party such further opportunity for hearing as in its judgment justice shall require, and shall re- port its findings therein to the department by which the Same was referred to Said Court. The Secretary Of the Treasury may, upon the certificate of any au- ditor, or of the Comptroller of the Treasury, direct any claim or matter, of which, by reason of the Sub- ject matter or character, the said Court might under existing laws, take jurisdiction on the Voluntary ac- tion of the claimant, to be transmitted, With all the VOuchers, papers, documents and proofs pertaining thereto, to the said court for trial and adjudication. (R. S. § 1063. March 3, 1883, c. 116, § 2, 22 Stat. 485. March 3, 1887, c. 359, §§ 12, 13, 24 Stat. 507. March 3, 1911, c. 231, § 148, 36 Stat. 1137.) § 1140. (Jud. Code, § 149.) Procedure in cases transmitted by departments—All cases trans- mitted by the head of any department, or upon the Certificate of any auditor, or of the Comptroller of the Treasury, according to the provisions of the pre- Ceding section, shall be proceeded in as other Cases pending in the Court of Claims, and shall, in all re- Spects, be subject to the same rules and regulations. º § 1064. March 3, 1911, c. 231, § 149, 36 Stat. 1138.) § 1141. (Jud. Code, § 150.) Judgments in cases transmitted by departments—The amount Of any final judgment or decree rendered in favor of the Claimant, in any case transmitted to the Court of Claims under the two preceding sections, shall be paid Out of any specific appropriation applicable to the Case, if any such there be; and where no such appro- priation exists, the judgment or decree shall be paid in the same manner as other judgments of the said Court. (R. S. § 1065. March 3, 1911, c. 231, § 150, 36 Stat. 1138.) § 1142. (Jud. Code, § 151.) Reference of claims by Congress—Whenever any bill, except for a penSiOn, is pending in either House of Congress pro- viding for the payment of a claim against the Unit- ed States, legal or equitable, or for a grant, gift, or bOunty to any person, the House in which such bill is pending may, for the investigation and determination of facts, refer the same to the Court of Claims, which Shall proceed with the same in accordance with such rules as it may adopt and report to such House the facts in the Case and the amount, where the same can be liquidated, including any facts bearing upon the Question Whether there has been delay or laches in presenting Such claim or applying for such grant, gift, Or bounty, and any facts bearing upon the question Whether the bar of any statute of limitation should be removed Or which shall be claimed to excuse the Claimant for not having resorted to any established legal remedy, together with such conclusions as shall be sufficient to inform Congress of the nature and Character of the demand, either as a claim, legal Or equitable, Or as a gratuity against the United States, and the amount, if any, legally or equitably due from the United States to the claimant: Provided, how- ever, That if it shall appear to the satisfaction of the court upon the facts established, that under existing laws or the provisions of this chapter, the subject. Imatter Of the bill is Such that it has jurisdiction to render judgment or decree thereon, it shall proceed CoMP.ST.’18–11 [Page 161] to do so, giving to either party such further oppor- tunity for hearing as in its judgment justice shall re- Quire, and it shall report its proceedings therein to the House of Congress by which the same was refer- red to said court. (March 3, 1887, c. 359, § 14, 24 Stat. 507. June 25, 1910, c. 409, 36 Stat. 837. March 3, 1911, c. 231, § 151, 36 Stat. 1138.) § 1143. (Jud. Code, § 152.) Costs to prevailing party—If the Government of the United States shall put in issue the right of the plaintiff to recover, the Court may, in its discretion, allow costs to the prevail- ing party from the time of joining such issue. Such costs, however, shall include only what is actually in- Curred for witnesses, and for summoning the same, and fees paid to the clerk of the court. (March 3, 1887, c. 359, § 15, 24 Stat. 508. March 3, 1911, c. 231, § 152, 36 Stat. 1138.) § 1144. (Jud. Code, § 153.) Claims growing out of treaties—The jurisdiction of the said Court shall not extend to any claim against the Government not pending therein on December first, eighteen hun- dred and sixty-two, growing out of or dependent on any treaty Stipulation entered into With foreign na- tions or with the Indian tribes. (R. S. § 1066. March 3, 1911, c. 231, § 153, 36 Stat. 1138.) § 1145. (Jud. Code, § 154.) Claims pending in other courts—No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other COUrt any suit or process against any person who, at the time when the cause of action alleged in such suit or pro-N cess arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States. (R. S. § 1067. March 3, 1911, c. 231, § 154, 36 Stat. 1138.) § 1146. (Jud. Code, § 155.) Aliens—Aliens who are citizens or subjects of any government which a C- cords to citizens of the United States the right to pros- ecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such Court, by reason. Of their Subject matter and Char- acter, might take jurisdiction. (R. S. § 1068. March 3, 1911, c. 231, § 155, 36 Stat. 1139.) § 1147. (Jud. Code, § 156.) Claims to be filed. within six years—Every claim against the United States cognizable by the Court of Claims, shall be for- ever barred unless the petition setting forth a state- ment thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues: Provided, That the claims of married women, first accrued during marriage, of persons under the age of twenty-One years, first accrued during minority, and Of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the Court or transmitted, as aforesaid, within three years after the disability has ceased ; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities Op- erate cumulatively. (R. S. § 1069. March 3, 1911, c. 231, § 156, 36 Stat. 1139.) § 1148. (Jud. Code, § 157.) Rules of practice —The said court shall have power to establish rules for its government and for the regulation of practice therein, and it may punish for contempt in the man’ ner prescribed by the common law, may appoint COm missioners, and may exercise such powers as are neC. essary to carry into effect the powers granted to it by law. (R. S. § 1070. March 3, 1911, c. 231, § 157, 36 Stat. 1139.) - - § 1149. (Jud. Code, § 158.) Oaths and ac- Ixnowledgments—The judges and clerks of Said Court may administer oaths and affirmations, take acknowl. edgments of instruments in writing, and give certif. § 1150 (Tit. 12C THE JUDICIAL CODE & £ [Page 162] cates of the same. (R. S. § 1071. March 3, 1911, c. 231, § 158, 36 Stat. 1139.) § 1150. (Jud. Code, § 159.) Petitions and ver- ification—The claimant shall in all cases fully Set forth in his petition the claim, the action thereon in Congress or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested ; that no assign- ment or transfer of said claim or of any part thereof or interest, therein has been made, except as Stated in the petition; that said claimant is justly entitled to the amount therein Claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the GOVern-. ment of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, Or given encouragement to rebellion against the said GOV- ernment, and that he believes the facts as Stated in the said petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. (R. S. § 1072. March 3, 1911, c. 231, § 159, 36 Stat. 1139.) $ 1151. (Jud. Code, § 160.) Petition dismiss- ed, when—The said allegations as to true allegiance and voluntary aiding, abetting, or giving encourage- ment to rebellion against the Government may be traversed by the Government, and if on the trial Such issues shall be decided against the Claimant, his peti- tion shall be dismissed. (R. S. § 1073. March 3, 1911, c. 231, § 160, 36 Stat. 1139.) * § 1152. (Jud. Code, § 161.) Burden of proof and evidence as to loyalty—Whenever it is material in any claim to ascertain whether any person did Or did not give any aid or comfort to forces or govern- ment Of the late Confederate States during the Civil War, the claimant asserting the loyalty of any such person to the United States during such Civil War shall be required to prove affirmatively that such per- Son did, during said Civil War, consistently adhere to the United States and did give no aid or comfort to persons engaged in said Confederate service in said Civil War. (R. S. § 1074. March 3, 1911, c. 231, § 161, 36 Stat. 1139.) § 1153. (Jud. Code, § 162.) Clairms for pro- eeeds arising from sales of abandoned property— The Court Of Claims Shall have jurisdiction to hear and determine the Claims of those whose property was taken Subsequent to June the first, eighteen hun- dred and sixty-five, under the provisions of the Act of Congress approved March twelfth, eighteen hun- dred and sixty-three, entitled “An Act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts with- in the United States,” and Acts amendatory thereof Where the property SO taken was sold and the net proceeds thereof were placed in the Treasury of the United States; and the Secretary of the Treasury Shall return said net proceeds to the owners there- Of, On the judgment of said court, and full jurisdic- tion is given to said court to adjudge said claims, any statutes of limitations to the contrary notwith- standing. (March 3, 1863, c. 120, § 3, 12 Stat. S20. March 3, 1911, c. 231, § 162, 36 Stat. 1139.) § 1154. (Jud. Gode, § 163.) Commissioners to take testimony—The Court of Claims shall have power to appoint commissioners to take testimony to be used in the investigation of claims which come before it, to prescribe the fees which they shall re- Ceive for their services, and to issue commissions for the taking of such testimony, whether taken at the instance of the claimant or of the United States. º § 1075. March 3, 1911, c. 231, § 163, 36 Stat. $ 1155. (Jud. Code, § 164.) Calling depart- ments for information—The said court shall have poWer to Call upon any of the departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed re- ports made by the Committees of each House of COn- gress, when deemed necessary in the prosecution of its business. But the head of any department may refuse and Omit to comply with any call for informa- tion. Or papers When, in his Opinion, such COm- pliance would be injurious to the public interest. (R. S. § 1076. March 3, 1911, c. 231, § 164, 36 Stat. 1140.) § 1156. (Jud. Code, § 165.) When testimony not to be taken—When it appears to the Court in any case that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not authorize the taking of any testimony therein. (R. S. § 1077. March 3, 1911, c. 231, § 165, 36. Stat. 1140.) © § 1157. (Jud. Code, § 166.) Examination of claimant—The Court may, at the instance of the at- torney Or Solicitor appearing in behalf of the United States, make an Order in any case pending therein, directing any Claimant in Such case to appear, upon reasonable notice, before any Commissioner Of the COUrt and be examined On Oath touching any Or all matters pertaining to said claim. Such examination shall be reduced to writing by the said commis- SiOner, and be returned to and filed in the COurt, and may, at the discretion of the attorney or solicitor ot the United States appearing in the case, be read and used as evidence On the trial thereof. And if any claimant, after Such Order is made and due and rea- Sonable notice thereof is given to him, fails to appear, Or refuses to testify Or answer fully as to all matters Within his knowledge material to the issue, the Court may, in its discretion, Order that the Said cause shall not be brought forward for trial until he shall have fully Complied with the Order of the court in the premises. (R. S. § 1080. March 3, 1911, c. 231, § 166, 36 Stat. 1140.) § 1158. (Jud. Code, § 167.) Testimony; where taken—The testimony in Cases pending before the Court of Claims shall be taken in the county where the Witness resides, when the same can be Con- veniently done. (R. S. § 1081. March 3, 1911, c. 231, § 167, 36 Stat. 1140.) § 1159. (Jud. Code, § 168.) Witnesses before commissioners—The Court of Claims may issue sub- poenas to require the attendance of witnesses in Or- der to be examined before any person commissioned to take testimony therein. Such subpoenas shall have the same force as if issued from a district COurt, and compliance there with shall be compelled under such rules and Orders as the court shall establish. (R. S. § 1082. March 3, 1911, c. 231, § 168, 36 Stat. 1140.) § 1160. (Jud. Code, § 169.) Cross-examina- tions—In taking testimony to be used in Support of any claim, Opportunity shall be given to the United States to file interrogatories, Or by attorney to ex- amine witnesses, under Such regulations as said Court shall prescribe ; and like Opportunity shall be afford- ed the claimant, in Cases where testimony is taken on behalf of the United States, under like regulations. (R. S. § 1083. March 3, 1911, c. 231, § 169, 36 Stat. 1140.) § 1161. (Jud. Code, § 170.) Witnesses; how sworn—The Commissioner taking testimony to be used in the Court Of Claims shall administer an Oath or affirmation to the Witnesses brought before him for examination. (R. S. § 1084. March 3, 1911, c. 231, § 170, 36 Stat. 1140.) . - § 1162. (Jud. Code, § 171.) Fees of commais- sioners—When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and the GOst Of the Commission and notice, shall be paid by Such claimant; and when it is taken at the instance of the Government, such fees shall be paid out of the Contingent fund provided for the Court of Claims, or other appropriation made by Con- Ch. 7) THE JUDICIAL CODE # 1174 - [Page 1631 * * gress for that purpose. (R. S. § 1085. March 3, United States arising out of the matters involved in 1911, c. 231, § 171, 36 Stat. 1141.) § 1163. (Jud. Code, § 172.) Claims forfeited for fraud—Any person Who corruptly practices OI! attempts to practice any fraud against the United States in the proof, statement, establishment, or al- lowance of any claim or of any part of any claim against the United States shall, ipso facto, forfeit the Same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claimi is forfeited to the Government, and that the Claimant be forever barred from prosecuting the same. (R. S. § 1086. March 3, 1911, c. 231, § 172, 36 Stat. 1141.) § 1164. (Jud. Code, § 173.) Claims under act of June 16, 1874—No claims shall be allowed by the accounting Officers under the provisions of the Act Of Congress approved June sixteenth, eighteen hun- dred and seventy-four, Or by the Court Of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, know- ingly, and with intent to defraud the United States, have claimed more than was justly due in respect of Such claim, or presented any false evidence to Con- greSS, Or to any department or court, in support there- Of... (June 16, 1874, c. 285, § 2, 18 Stat. 75. April 30, 1878, c. 77, § 2, 20 Stat. 524. March 3, 1911, c. 231, § 173, 36 Stat. 1141.) § 1165. (Jud. Code, § 174.) New trial; mo- tion of claimant—When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by the rules Of Common law or chancery in Suits between individuals, would furnish Sufficient ground for granting a new trial. (R. S. § 1087. March 3, 1911, c. 231, § 174, 36 Stat. 1141.) § 1166. (Jud. Code, § 175.) Same; motion of United States—The Court of Claims, at any time While any Claim is pending before it, Or on appeal from it, or within two years next after the final dis- position. Of Such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment Of any judgment therein, upon such evi- dence, Cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the prem- ises has been done to the United States; but until an Order is made staying the payment of a judg- Iment, the same shall be payable and paid as now pro- vided by law. (R. S. § 1088. March 3, 1911, c. 231, § 175, 36 Stat. 1141.) § 1167. (Jud. Code, § 176.) Cost of printing record—There shall be taxed against the losing party in each and every cause pending in the Court of Claims the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of Said Court and paid into the Treasury of the United States. (March 3, 1877, c. 105, § 1, 19 Stat. 344. March 3, 1911, c. 231, § 176, 36 Stat. 1141.) § 1168. (Jud. Code, § 177.) No interest on claims—No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract ex- pressly stipulating for the payment of interest. (R. S. $ 1091. March 3, 1911, c. 231, § 177, 36 Stat. 1141.) . § 1169. (Jud. Code, § 178.) Payment of judg- ment—The payment Of the amount due by any judg- ment of the Court of Claims, and of any interest there- On allowed by law, as provided by law, shall be a full discharge to the United States of all claim and de- mand touching any of the matters involved in the controversy. (R. S. § 1092. March 3, 1911, c. 231, § 178, 36 Stat. 1141.) § 1170. (Jud. Code, § 179.) Final judgments a bar-Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the the controversy. (R. S. § 1093. March 3, 1911, c. 231, § 179, 36 Stat. 1141.) § 1171. (Jud. Code, § 180.) Ascertainment of amounts due United States by deptors—When- ever any person shall present his petition to the Court Of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, Or surety, or personal representative of any Officer or agent Or contractor so indebted, or that he Or the person for whom he is such Surety, guar- antor, Or personal representative has held any Office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the per- SOn he represents has applied to the proper depart- ment of the Government requesting that the account Of Such Office, agency, or indebtedness may be adjust- ed and Settled, and that three years have elapsed from the date of such application, and said account Still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the par- ties and to ascertain the amount, if any, due the United States on said account. The Attorney Gen- eral Shall represent the United States at the hearing Of Said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in Other Cases, as to the amount due, shall be binding and Conclusive upon the parties. The payment of such amount SO found due by the court shall discharge Such obligation. An action shall accrue to the United States against such principal, or surety, or represent- ative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court; and unless suit shall be brought Within said time, such claim and the Claim! on the original indebtedness shall be forever barred. The provisions of section One hundred and Sixty-Six Shall apply to cases under this section. (March 3, 1887, c. 359, §§ 3, 8, 24 Stat. 505, 506. March 3, 1911, c. 231, § 180, 36 Stat. 1141.) § 1172. (Jud. Code, § 181.) Appeals—The plain- tiff or the United States, in any suit brought under the provision of the section last preceding, shall have the same right of appeal as is conferred under Sec- tions two hundred and forty-two and two hundred and forty-three ; and Such right shall be exercised Only Within the time and in the manner therein pre- scribed. (March 3, 1887, c. 359, § 9, 24 Stat. 507. March 3, 1911, c. 231, § 181, 36 Stat. 1142.) § 1173. (Jud. Code, § 182.) Appeals in Indian cases—In any case brought in the Court of Claims un- der any Act of Congress by which that COurt is au- thorized to render a judgment Or decree against the United States, or against any Indian tribe or any Indians, Or against any fund held in trust by the United States for any Indian tribe or for any Indians, the claimant, or the United States, or the tribe of In- dians, or other party in interest shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty- three; and such right shall be exercised only within the time and in the manner therein prescribed. (March 3, 1891, c. 538, § 10, 26 Stat. 854. March 3, 1911, c. 231, § 182, 36 Stat. 1142.) § 1174. (Jud. Code, § 183.) Attorney Gener- al’s report to Congress—The Attorney General shall report to Congress, at the beginning of each regular session, the suits under section one hundred and eighty, in which a final judgment Or decree has been ren- dered, giving the date of each and a statement of the costs taxed in each case. (March 3, 1887, c. 359, § 2 1175 (Tit. 12C THE JUDICIAL CODE [Page 1641 - #, : Stat. 507. March 3, 1911, c. 231, § 183, 36 Stat. .) § 1175. (Jud. Code, § 184.) Loyalty jurisdic- tional fact—In any case of a claim for supplies or Stores taken by or furnished to any part of the mil- itary or naval forces of the United States for their use during the late Civil War, the petition shall aver that the person who furnished such supplies or stores, Or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, On a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the Same Were taken as aforesaid, was loyal to the Gov- ernment of the United States throughout said war, the Court shall not have jurisdiction of such cause, and the Same shall, without further proceedings, be dis- missed. (March 3, 1883, c. 116, § 4, 22 Stat. 486. March 3, 1911, c. 231, § 184, 36 Stat. 1142.) § 1176. (Jud. Code, § 185.) Appearance by At- torney General for defense—The Attorney-General, Or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmit- ted to the Court of Claims under the provisions of this Chapter, with the same power to interpose counter Claims, Offsets, defenses for fraud practiced or at- tempted to be practiced by claimants, and other de- fenses, in like manner as he is required to defend the United States in said court. (March 3, 1883, c. 116, § ##, Stat. 486. March 3, 1911, c. 231, § 185, 36 Stat. § 1177. (Jud. Code, § 186, amended.) Exclu- sion as witnesses because of color or because of interest–No person shall be excluded as a witness in the Court of Claims on account of color or be- Cause he or she is a party to or interested in the cause Or proceeding ; and any plaintiff or party in interest may be examined as a witness on the part of the Government. (R. S. § 1078. March 3, 1883, c. 116, § 6, 22 Stat. 486. March 3, 1887, c. 359, § 8, 24 Stat. 506. March 3, 1911, c. 231, § 186, 36 Stat. 1143. Feb. 5, 1912, c. 28, 37 Stat. 61.) § 1178. (Jud. Code, § 187.) Reports to Con- gress—Reports of the Court of Claims to Congress, under Sections one hundred and forty-eight and One hundred and fifty-one, if not finally acted upon dur- ing the session at which they are reported, shall be Continued from session to session and from Congress to Congress until the same shall be finally acted upon. (March 3, 1883, c. 116, § 7, 22 Stat. 486. March 3, 1911, c. 231, § 187, 36 Stat. 1143.) Chapter Eight—The Court of Customs Sec. Appeals 1179. Court; judges; quorum; circuit and district judges; judges disqualified. 1180. Court open for business; terms. 1181. Marshal; appointment, salary, and duties. * 1182. Clerk; appointment, salary, and duties. 1183. Assistant clerk, stenographic clerks, and reporter. 1184. Rooms for holding court; bailiffs and messengers. 1185. Court of record; seals; rules; decisions. 1186. Review of final decisions of Board of General Apprais- ers; review by Supreme Court. 1187. Jurisdiction in customs cases. 1188. Transfer of pending cases. 1189. Appeals from Board of General Appraisers. 1190. Records filed in Customs Court placed on calendar; call of calendar. $ 1179. (Jud. Code, § 188.) Court; judges; quorum; circuit and district judges; judges dis- qualified—There shall be a United States Court of Customs Appeals, which shall Consist of a presiding judge and four associate judges, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary of seven thousand dollars a year. The presiding judge shall be so designated in the order of appointment and in the commission issued to him by the President; and the associate judges shall have precedence a C- cording to the date of their commissions. Any three members of said court shall constitute a quorum, and the concurrence of three members shall be necessary to any decision thereof. In case of a vacancy or Of the temporary inability or disqualification, for any reason, Of One or two of the judges of said Court, the President may, upon the request of the presiding judge of said court, designate any qualified United States circuit or district judge or judges to act in his Or their place; and such circuit or district judges shall be duly qualified to so act. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. Feb. 25, 1910, c. 62, 36 Stat. 214. March 3, 1911, c. 231, § 188, 36 Stat. 1143.) § 1180. (Jud. Code, § 189.) Court open for business; terms—The said Court Of Customs Appeals shall always be Open for the transaction of business, and sessions thereof may, in the discretion of the Court, be held in the several judicial circuits, and at Such places as said Court may from time to time desig- Inate. Any judge who, in pursuance of the provisions Of this chapter, shall attend a session of Said Court at any place other than the city of Washington, shall be paid, upon his written and itemized certificate, by the marshal Of the district in which the court shall be held, his actual and necessary expenses incurred for travel and attendance, and the actual and neces- sary expenses of one stenographic clerk who may ac- COmpany him ; and Such payments shall be allowed the marshal in the settlement of his accounts with the United States. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 189, 36 Stat. 1143.) § 1181. (Jud. Code, § 190.) Marshal; appoint- ment, salary, and duties—Said court shall have the Services of a marshal, with the same duties and pow- el'S, under the regulations Of the court, as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applica- ble. Said Services within the District of Columbia Shall be performed by a marshal to be appointed by and to hold office during the pleasure of the court, who shall receive a salary of three thousand dollars per annum. Said services outside of the District of Co- lumbia shall be performed by the United States mar- Shals in and for the distriets where sessions of said COUrt may be held ; and to this end said marshals shall be the marshals of said court. The marshal of Said court, for the District of Columbia, is authorized to purchase, under the direction of the presiding judge, such books, periodicals, and stationery, as may be necessary for the use Of Said Court; and Such ex- penditures shall be allowed and paid by the Secretary Of the Treasury upon claim duly made and approved by said presiding judge. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. Feb. 25, 1910, c. 62, 36 Stat. 216. March 3, 1911, c. 231, § 191, 36 Stat. 1144.) § 1182. (Jud. Code, § 191.) Clerk; appoint- ment, salary, and duties—The COurt Shall appoint a clerk, whose office shall be in the city of Washington, District of Columbia, and who shall perform and exercise the same duties and powers in regard to all matters within the jurisdiction of said court as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The Salary of the clerk shall be three thousand five hundred dollars per annum, which Sum shall be in full payment for all service ren- dered by such clerk; and all fees of any kind What- ever, and all costs shall be by him turned into the United States Treasury. Said clerk shall not be ap- pointed by the court or any judge thereof as a Com- missioner, master, receiver, or referee. The Costs and fees in the said court shall be fixed and established by said court in a table of fees to be adopted and approved by the Supreme Court of the United States within four months after the organization of Said court : Provided, That the costs and fees so fixed Shall not, with respect to any item, exceed the COsts and Ch. 8) 2 1188 THE JUDICIAL CODE) [Page 165I fees charged in the Supreme Court of the United States; and the same shall be expended, accounted for, and paid Over to the Treasury of the United States. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. Feb. 25, 1910, c. 62, 36 Stat. 214. March 3, 1911, c. 231, § 191, 36 Stat. 1144.) § 1 183. (Jud. Code, § 192.) Assistant eierk, stenographic clerks, and reporter—In addition to the Clerk, the Court may appoint an assistant clerk at a Salary Of tWO thousand dollars per annum, five Steno- graphic clerks at a salary of one thousand six hun- dred dollars per annum each, One Stenographic re- porter at a Salary Of two thousand five hundred dol- lars per annum, and a messenger at a salary of eight hundred and forty dollars per annum, all payable in equal monthly installments, and all of whom, including the clerk, shall hold office during the pleasure of and perform Such duties as are assigned them by the court. Said reporter shall prepare and transmit to the Sec- retary Of the Treasury once a week in time for pub- lication in the Treasury Decisions copies of all deci- SiOns rendered to that date by said court, and pre- pare and transmit, under the direction of said court, at least Once a year, reports of said decisions render- ed to that date, constituting a volume, which shall be printed by the Treasury Department in such numbers and distributed or sold in such manner as the Secre- tary of the Treasury shall direct. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. Feb. 25, 1910, c. 62, 36 Stat. 214. March 3, 1911, c. 231, § 192, 36 Stat. 1144.) § 1184. (Jud. Code, § 193.) Rooms for holding court; bailiffs and messengers—The marshal of Said Court for the District of Columbia and the mar- Shals of the several districts in which said Court of Customs Appeals may be held shall, under the direc- tion of the Attorney-General, and with his approval, provide Such rooms in the public buildings of the United States as may be necessary for said court: Provided, That in case proper rooms can not be pro- Vided in Such buildings, then the said marshals, with the approval of the Attorney-General, may, from time to time, lease such rooms as may be necessary for said Court. The bailiffs and messengers of said court shall be allowed the same compensation for their respec- tive Services as are allowed for similar services in the existing district courts. In no case shall said marshals Secure other rooms than those regularly oc- Cupied by existing district courts, or other public of. ficers, except where such can not, by reason of actual OCCupancy or use, be occupied or used by said Court of Customs Appeals. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 193, 36 Stat. 1144.) § 1185. (Jud. Code, § 194.) Court of record; seal; rules; decisions—The said Court of Customs Appeals shall be a court of record, with jurisdiction as in this chapter established and limited. It shall pre- Scribe the form and style of its seal, and the form of its Writs and other process and procedure, and exer- Cise Such powers conferred by law as may be con- formable and necessary to the exercise of its jurisdic- tion. It shall have power to establish all rules and regulations for the conduct of the business of the Court, and as may be needful for the uniformity of decisions within its jurisdiction as conferred by law. It shall have power to review any decision or matter Within its jurisdiction, and may affirm, modify, or re- Verse the same and remand the case with such or- ders as may seem to it proper in the premises, which shall be executed accordingly. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 194, 36 Stat. 1145.) § 1186. (Jud. Code, § 195, a mended.) Review of final decisions of Board of General Apprais- ers; review by Supreme Court—The Court of CuS- toms Appeals established by this chapter shall exer- Cise exclusive appellate jurisdiction to review by ap- peal, as herein provided, final decisions by a board of general appraisers in all cases as to the construction Of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classifications, and the fees and charges Connected therewith, and all appealable questions as to the jurisdiction of said board, and all appealable Questions as to the laws and regulations governing the Collection of the customs revenues; and the judgments and decrees of said Court of Customs Appeals shall be final in all such cases: Provided, however, That in any case in which the judgment or decree of the Court of Customs Appeals is made final by the provisions of this title, it shall be competent for the Supreme Court, upon the petition of either party, filed within sixty days next after the issue by the Court of Customs Appeals of its mandate upon decision, in any case in Which there is drawn in question the construction of the Constitution of the United States, or any part thereof, or of any treaty made pursuant thereto, or in any other case when the Attorney General of the United States shall before the decision of the Court Of Customs Appeals is rendered, file with the court a Certificate to the effect that the case is of such im- portance as to render expedient its review by the Su- preme Court, to require, by certiorari or otherwise, such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or, writ of error to the Supreme Court: And provided further, That this Act shall not apply to any Case involving only the construction of section one, or any portion thereof, of an Act entitled “An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other pur- poses,” approved August fifth, nineteen hundred and nine, nor to any case involving the construction of Sec- tion two of an Act entitled “An Act to promote re- ciprocal trade relations with the Dominion of Canada, and for other purposes,” approved July twenty-sixth, nineteen hundred and eleven. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 195, 36 Stat. 1145. Aug. 22, 1914, c. 267, 38 Stat. 703.) § 1187. (Jud. Code, § 196.) Jurisdiction in customs cases—After the Organization of said Court, no appeal Shall be taken or allowed from any Board Of United States General Appraisers to any other COUrt, and no appellate jurisdiction shall thereafter be exercised or allowed by any other courts in cases decided by said Board of United States General Ap- praisers; but all appeals allowed by law from such Board Of General Appraisers shall be subject to re- View Only in the Court of Customs Appeals hereby established, according to the provisions of this chap- ter: Provided, That nothing in this chapter shall be deemed to deprive the Supreme Court of the United States Of jurisdiction to hear and determine all cus- toms Cases which have heretofore been Certified to said court from the United States circuit courts of appeals on applications for writs of certiorari or otherwise, nor to review by writ of Certiorari any customs case heretofore decided or now pending and hereafter de- Cided by any circuit Court of appeals, provided ap- plication for said writ be made within six months after August fifth, nineteen hundred and nine: Pro- vided further, That all customs cases decided by a circuit or district Court. Of the United States Or a Court of a Territory of the United States prior to said date above mentioned, and which have not been removed from said courts by appeal or writ of error, and all such cases theretofore submitted for decision in said Courts and remaining undecided may be reviewed on appeal at the instance of either party by the United States Court of Customs Appeals, provided Such ap- peal be taken within one year from the date of the entry of the order, judgment, or decrees sought to be reviewed. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 196, 36 Stat. 1145.) § 1188. (Jud. Code, § 197.) Transfer of pend- ing cases—Immediately upon the Organization of the Court of Customs Appeals, all cases Within the ju- risdiction of that court pending and not submitted for 3 1189 (Tit. 12c THE JUDICIAL CODE IPaige, 1661 decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall, with the record and Samples therein, be Certified by said courts to said Court of Customs Ap- peals for further proceedings in accordance here with: Provided, That where orders for the taking of fur- ther testimony before a referee have been made in any of such cases, the taking of such testimony shall be completed before such certification. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 197, 36 Stat. 1145.) - - § 1189. (Jud. Code, § 198.) Appeals from Board of General Appraisers—ff the importer, OWn- er, Consignee, or agent of any imported merchandise, or the collector or Secretary of the Treasury, shall be dissatisfied with the decision of the Board of General Appraisers as to the construction of the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such clas- sification, or with any other appealable decision of said board, they, or either of them, may, within sixty days next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs Ap- peals for a review of the questions of law and fact involved in Such decision: Provided, That in Alaska and in the insular and other outside possessions of the United States ninety days shall be allowed for making such application to the Court of Customs Ap- peals. Such application shall be made by filing in the office of the clerk of said court a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or On the importer, Owner, consignee, or agent, as the Case may be. Thereupon the court shall immediately order the Board of General Appraisers to transmit to said Court the record and evidence, taken by them, to- gether with the certified Statement. Of the facts in- volved in the case and their decision thereon ; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Ap- peals. The decision of said Court of Customs Appeals shall be final, and such cause shall be remanded to said Board of General Appraisers for further proceed- ings to be taken in pursuance of such determination. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 198, 36 Stat. 1146.) - § 1190. (Jud. Code, § 199.) Records filed in Customs Court placed on calendar; call of caien- dar—Immediately upon receipt of any record trans- mitted to said court for determination the clerk there- of shall place the same upon the calendar for hearing and submission ; and such calendar shall be called and all cases thereupon submitted, except for good Cause shown, at least. Once every sixty days: Provid- ed., That such calendar need not be called during the months of July and August of any year. (Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, 105. March 3, 1911, c. 231, § 199, 36 Stat. 1146.) Chapter Nine—The Commerce Court (Jud. Code, §§ 200–214. Superseded and - transferred.) . . The provisions of this Chapter were in part repealed by Act Oct. 22, 1913, c. 32 (see § 992), and in part transferred to Chapter 2 (see §§. 993-1006). * . . - - Chapter Ten—The Supreme Court Sec. - 1191. Number of justices. 1192. Precedence of associate justices. 1193. Vacancy in office of Chief Justice. 1194. Salaries of justices. 1195. Clerk, marshal, and reporter. 1196. Clerk; bond. 1197. . . Same; deputies. . . . 1198. Records of old court of appeals. 1199. Tables of fees. - 1200. Marshal. - 1201. Reporter; duties. - - 1202. Same; salary and allowances. 1203. Distribution of reports and digests. ~1204 : Distribution of reports to circuit courts of appeals. Sec. - 1205. Additional reports and digests. - - 1206. Distribution of Federal Reporter and Digests. 1207. Term S. n . 1208. Adjournment for Want of quorum. 1209. Orders by less than quorum. 1210. Original jurisdiction. - 1211. Prohibition and mandamus. 1212. Issues of fact. - 1213. Appellate jurisdiction. - 1214. Same; judgments and decrees of State courts; certio- I’a. I’l. - - - 1215. Same; United States district courts. 1216. Same; certificates of questions by. . . 1217. Same; certiorari to circuit court of appeals. 1218. Sarne; other, Cases. - - 1219. Same; Court of Claims. ... • - 1220. Same; Court of Claims; time and manner. 1221. [Repealed.] . 1222. Appellate jurisdiction; Supreme Courts of Arizona and New Mexico. 1223. Same; Supreme Courts of Hawaii and Porto Rico. 1224. Same; district court for Alaska. . . . . - 1225. [Superseded.] . . . 1225a. Appellate jurisdiction; Supreme Court of Philippine Islands. - . . . 1225b. Same; Supreme Court of Philippine Islands; cases brought up by certiorari. . . . 1226. Same; when Territory becomes State. -- 1227. Same; Court of Appeals of District of Columbia. - 1228. Same; certiorari to Court of Appeals, District of Co- - - lumbia. - 1228a. Same; time for application. 1229. Same; bankruptcy act. - :* 1230. Precedence of writs of error to State courts. 1231. Cost of printing records. º • 1232. Women may be admitted to practice. - § 1191. (Jud. Code, § 215.) Number of jus- tices—The Supreme Court of the United States Shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall consti- tute a quorum. (R. S. § 673. March 3, 1911, c. 281, § 215, 36 Stat. 1152.) - - § 1192. (Jud. Code, § 216.) Precedence of as- sociate justices—The associate justices shall haye precedence according to the dates of their Commis: sions, or, when the commissions of two or more of them bear the same date, according to their ages. (R. S. § 674. March 3, 1911, c. 231, § 216, 36 Stat. 1152.) § 1193. (Jud. Code, § 217.) Vacancy in office of Chief Justice—In case of a vacancy in the Office of Chief Justice, or of his inability to perform the duties and powers of his office, they shall devolve upon the associate justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who succeeds to the office of Chief Justice. (R. S. § 675. March 3, 1911, c. 231, § 217, 36 Stat. 1152.) - º . § 1194. (Juá. Code, § 218.) Salaries of jus- tices—The Chief Justice of the Supreme Court of the United States shall receive the sum of fifteen thou- sand dollars a year, and the justices thereof Shall re- ceive the sum of fourteen thousand five hundred dol- lars a year each, to be paid monthly. (R. S. § 676. Feb. 12, 1903, c. 547, 32 Stat. 825. March 3, 1911, c. 231, § 218, 36 Stat. 1152.) - . . . - - § 1195. (Jud. Code, § 219.) Clerk, marshal, and reporter—The Supreme Court shall have power to appoint a clerk and a marshal for said Court, and a reporter of its decisions. (R. S. § 677. March 3, 1911, c. 231, § 219, 36 Stat. 1152.) • - - § 1196. (Jud. Code, § 220.) Clerk; bond—The clerk of the Supreme Court shall, before he enters upon the execution of his office, give bond, with Suf- ficient sureties, to be approved by the Court, to the United States, in the sum of not less than five thou- sand and not more than twenty thousand dollars, to | be determined and regulated by the Attorney General, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and de- terminations of the court. The Supreme Court may at any time, upon the motion of the Attorney General, to be made upon thirty days’ notice, require a new bond, or a bond for an increased amount within the limits above prescribed; and the failure of the Clerk to execute the same shall vacate his office. All bonds Ch. 10) & 1203 THE JUDICIAL CODE IPage 167] given by the clerk shall, after approval, be recorded in his office, and copies thereof from the records, cer- tified by the clerk under seal of the court, shall be Competent evidence in any court. The original bonds shall be filed in the Department of Justice. 1875, c. 95, $ 3, 18 Stat. 333. March 3, 1911, c. 231, § 220, 36 Stat. 1152.) . - . § 1197. (Jud. Code, § 221.) Same; deputies- One or more deputies of the clerk of the Supreme Court may be appointed by the court on the applica- tion of the clerk, and may be removed at the pleasure of the court. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the Sureties On his Of- ficial bond shall be liable; and his executor or admin- istrator shall have such remedy for any such defaults or misfeasances committed after his death as the Clerk | would be entitled to if the same had occurred in his lifetime. 36 Stat. 1153.) - § 1198. (Jud. Code, § 222.) Records of old court of appeals—The records and proceedings Of the court of appeals, appointed previous to the adoption of the present Constitution, shall be kept in the Office of the clerk of the Supreme Court, who shall give Cop- ies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court; and such copies shall have like faith and credit With all other proceedings of said court. (R. S. § 679. March 3, 1911, c. 231, § 222, 36 Stat. 1153.) § 1199. (Jud. Code, § 223.) Tables of fees– The Supreme Court is authorized and empowered to prepare the tables of fees to be charged by the clerk (March 3, 1883, c. 143, § 1, 22 Stat. 631. thereof. - . March 3, 1911, c. 231, § 223, 36 Stat. 1153.) § 1200. (Jud. Code, § 224.) Marshal—The mar- shal is entitled to receive a salary at the rate of four thousand five hundred dollars a year. He shall attend the court at its sessions; shall serve and exe- cute all process and orders issuing from it, or made by the Chief Justice or an associate justice in pur- suance of law ; and shall take charge of all property of the United States used by the court or its members. With the approval of the Chief Justice he may appoint assistants and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade. (R. S. § 680. March 3, 1911, c. 231, § 224, 36 Stat. 1153.) - § 1201. (Jud. Code, § 225.) Reporter; duties- The reporter shall cause the decisions of the Supreme Court to be printed and published within eight months after they are made; and within the same time he shall • , deliver three hundred copies of the volumes of Said reports to the Attorney General. The reporter Shall, in any year when he is so directed by the Court, Cause to be printed and published a second Volume of Said decisions, of which he shall deliver a like number Of copies in like manner and time. 3, 1911, c. 231, § 225, 36 Stat. 1153.) ". . § 1202. (Jud. Code, § 226.) , Same; salary and aiowances—The reporter shall be entitled to receive from the Treasury an annual salary of four thousand five hundred dollars when his report of Said deci- sions constitutes one volume, and an additional sum of one thousand two hundred dollars when, by direc- tion of the court, he causes to be printed and publish- ed in any year a second volume; and said reporter shall be annually entitled to clerk hire in the sum of one thousand two hundred dollars, and to office rent, stationery, and contingent expenses in the sum of six hundred dollars: Provided, That the volumes of . the decisions of the court heretofore published shall be furnished by the reporter to the public at a sum (Feb. 22, (R. S. § 678. March 3, 1911, c. 231, § 221, (R. S. § 681. March not exceeding two dollars per volume, and those here- after published at a sum not exceeding one dollar and Seventy-five cents per Volume; and the number of Vol- umes now required to be delivered to the Attorney General shall be furnished by the reporter Without any charge therefor. Said Salary and Compensation respectively, shall be paid only when he causes such Člecisions to be printed, published, and delivered with- in the time and in the manner prescribed by law, and upon the condition that the volumes of said re- ports shall be sold by him to the public for a price not exceeding one dollar and seventy-five cents a Volume. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 254. March 3, 1911, c. 231, § 226, 36 Stat. 1153.) § 1203. (Jud. Code, § 227.) Distribution of reports and digests—The Attorney General shall dis- tribute copies of the Supreme Court reports, as fol- lows: To the President, the justices of the Supreme Court, the judges of the Commerce Court, the judges Of the COUIrt Of Customs Appeals, the judges Of the circuit courts of appeals, the judges of the district courts, the judges of the Court of Claims, the judges Of the Court Of Appeals and of the Supreme Court Of the District of Columbia, the judges of the several Territorial courts, the Secretary of State, the Secre- tary of the Treasury, the Secretary of War, the Sec- retary of the Navy, the Secretary of the Interior, the Postmaster General, the Attorney General, the Secretary of Agriculture, the Secretary of Commerce and Labor, the Solicitor General, the Assistant to the Attorney General, each Assistant Attorney Gen- eral, each United States district attorney, each As- Sistant Secretary of each Executive Department, the Assistant Postmasters General, the Secretary of the Senate for the use of the Senate, the Clerk of the House of Representatives for the use of the House of Representatives, the Governors of the Territories, the Solicitor for the Department of State, the Treas- urer of the United States, the Solicitor of the Treas- ury, the Register of the Treasury, the Comptroller of the Treasury, the Comptroller of the Currency, the Commissioner of Internal Revenue, the Director of the Mint, each of the six Auditors in the Treasury Department, the Judge Advocate General, War De- partment, the Paymaster General, War Department, the Judge Advocate General, Navy Department, the Commissioner of Indian Affairs, the Commissioner of Pensions, the Commissioner of the General Land Of- fice, the Commissioner of Patents, the Commissioner of Education, the Commissioner of Labor, the Com- missioner of Navigation, the Commissioner of Corpo- rations, the Commissioner General of Immigration, the Chief of the Bureau of Manufactures, the Direc- tor of the Geological Survey, the Director of the Cen- sus, the Forester, Department of Agriculture, the Purchasing Agent, Post. Office Department, the Inter- state Commerce Commission, the Clerk of the Su- preme Court of the United States, the Marshal of the Supreme Court of the United States, the Attorney for the District of Columbia, the Naval Academy at Annapolis, the Military Academy at West Point, and the heads of such other executive offices as may be provided by law, of equal grade with any of said of- fices, each one Copy; to the Law Library of the Su- preme Court, twenty-five copies; to the Law Library of the Department of the Interior, two copies; to the Law Library of the Department of Justice, two cop- lies; to the Secretary of the Senate for the use of the committees of the Senate, twenty-five copies; to the Clerk of the House of Representatives for the use of the committees of the House, thirty copies; to the Marshal of the Supreme Court of the United States, as custodian of the public property used by the court, for the use of the justices thereof in the conference room, robing room, and court room, three copies; 3 1204 (Tit. 12C THE JUDICIAL CODE courts and officers of the Philippine Islands and for the headquarters of military departments in the Unit- ed States, twelve copies; and to each of the places where district courts of the United States are now holden, including Hawaii, and Porto Rico, One copy. He shall also distribute one complete set of said re- ports, and one set of the digests thereof, to such ex- ecutive officers as are entitled to receive said reports under this section and have not already received them, to each United States judge and to each United States district attorney who has not received a set, to each of the places where district courts are now held to which said reports have not been distributed, and to each of the places at which a district court may hereafter be held, the edition of said reports and digests to be selected by the judge or officer receiving them. No distribution of reports and digests under this section shall be made to any place where the court is held in a building not owned by the United States, unless there be at such place a United States officer to whose responsible custody they can be com- mitted. The clerks of said courts (except the Su- preme COUrt) shall in all cases keep said reports and digest for the use of the courts and of the officers thereof. Such reports and digest shall remain the property Of the United States, and shall be preserved by the officers above named and by them turned over to their successors in office. (R. S. § 683. Feb. 12, 1889, c. 135, 25 Stat. 661. July 1, 1902, c. 1355, 32 Stat. 630. March 3, 1911, c. 231, § 227, 36 Stat. 1154.) § 1204. Distribution of reports to circuit courts of appeals—The Secretary of the Interior shall hereafter distribute the Supreme Court Reports to the libraries of the United States circuit courts of appeals. (March 4, 1911, c. 285, § 1, 36 Stat. 1419.) § 1205. (Jud. Code, § 228.) Additional re- ports and digests—The publishers of the decisions of the Supreme Court shall deliver to the Attorney General, in addition to the three hundred copies de- livered by the Reporter, such number of Copies of each report heretofore published, as the Attorney General may require, for which he shall pay not more than two dollars per volume, and such number of copies of each report hereafter published as he may require, for which he shall pay not more than one dollar and seventy-five cents per volume. The Attor- ney General shall include in his annual estimates sub- mitted to Congress, an estimate for the current vol- umes of such reports, and also for the additional Sets of reports and digests required for distribution under the section last preceding. (Feb. 12, 1889, c. 135, 25 Stat. 661. July 1, 1902, c. 1355, 32 Stat. 630. 3, 1911, c. 231, § 228, 36 Stat. 1155.) § 1206. (Jud. Code, § 229.) Distribution of Federal Reporter and Digests—The Attorney Gen- eral is authorized to procure complete sets of the Fed- eral Reporter or, in his discretion, other publication containing the decisions of the circuit Courts of ap- peals, circuit courts, and district courts, and digests. thereof, and also future volumes of the same as is- sued, and distribute a copy of each such reports and digests to each place where a circuit court of appeals, or a district court, is now or may hereafter regularly be held, and to the Supreme Court of the United States, the Court of Claims, the Court of Customs Ap- peals, the Commerce Court, the Court of Appeals and the Supreme Court of the District of Columbia, the Attorney General, the Solicitor General, the Solicitor of the Treasury, the Assistant Attorney General for the Department of the Interior, the Commissioner of Patents, and the Interstate Commerce Commission; and to the Secretary of the Senate, for the use of the Senate, and to the Clerk of the House of Representa- tives, for the use of the House of Representatives, not more than three sets each. Whenever any such - . IPage 1681 to the Secretary of War for the use of the proper 1911, c. 231, § 229, 36 Stat. 1155.) March court room, office, or officer shall have a partial or complete set of any such reports, or digests, already purchased or owned by the United States, the Attor- ney General shall distribute to such court room, Of- fice, or officer, only sufficient volumes to make a com- plete set thereof. No distribution of reports or di- gests under this section shall be made to any place Where the Court is held in a building not owned by the United States, unless there be at such place a United States officer to whose responsible custody they can be committed. The clerks of the courts (ex- cept the Supreme Court) to which the reports and digests are distributed under this section, shall keep Such reports and digests for the use of the courts and the Officers thereof. All reports and digests distrib- uted under the provisions of this section shall be and remain the property of the United States and, before distribution, shall be plainly marked on their covers | with the words “The Property of the United States,” and Shall be transmitted by the officers receiving them to their successors in office. Not to exceed two dol- lars per Volume shall be paid for the back and cur- rent Volumes of the Federal Reporter or other publi- cation purchased under the provisions of this sec- tion, and not to exceed five dollars per volume for the digest, the said money to be disbursed under the di- Jeetion, of the Attorney General; and the Attorney General shall include in his annual estimates submit. ted to Congress, an estimate for the back and current volumes Of Such reports and digests, the distribution 9.Which is provided for in this section. (March 3, § 1307. Grud. Code, § 230, amended.) Terms— The Supreme Court shall hold at the seat Of govern- Inent one term annually, COmmencing on the first Monday in October, and such adjourned or special terms as it may find necessary for the dispatch of business. (R. S. § 684. March 3, 1911, c. 231 § 230 86 Stat. 1156. Sept. 6, 1916, c. 44s, $ 1, 39 stat. 726, § 1208. (Jud. Code, § 231.) Adjournment for Xant of quorum–If, at any session of the Supreme Court, a quorum. does not attend on the day appoint- ed. for holding it, the justices who do attend Imay adjourn the court from day to day for tWenty days. after said appointed time, unless there be sooner a quorum. If a quorum does not attend within said twenty days, the business of the court shall be con- tinued OVer till the next appointed session; and if, during a term, after a quorum has assembled, less than that number attend on any day, the justices attending may adjourn the court from day to day until there is a quorum, or may adjourn without day. (R. S. § 685. March 3, 1911, c. 231, § 231, 36 Stat. 1156) § 1209. (Jud. Code, § 232.) Orders by less than quorum—The justices attending at any term, When less than a quorum is present, may, within the tWenty days mentioned in the preceding section, make all necessary Orders touching any suit, proceeding, Or process, depending in or returned to the Court, preparatory to the hearing, trial, or decision thereof. (R. S. § 686. March 3, 1911, c. 231, § 232, 36 Stat. 1156.) § 1210. (Jud. Code, § 233.) Original jurisdic- tion-The Supreme Court shall have exclusive juris- diction of all controversies of a civil nature where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens, in which latter cases it shall have Original, but not exclusive, jurisdiction. And it shall have exclusively all such jurisdiction of suits or pro- ceedings against ambassadors or other public minis- ters, or their domestics or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdic- tion, of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul Ch. 10) ź 1221 THE JUDICIAL CODE) is a party. (R. S. § 687. March 3, 1911, c. 231, § 238, 36 Stat. 1156.) § 1211. (Jud. Code, § 234.) Prohibition and mandamus—The Supreme Court shall have power to issue Writs of prohibition to the district Courts, when proceeding as Courts of admiralty and maritime ju- risdiction; and writs of mandamus, in cases war- ranted by the principles and usages of law, to any Courts, appointed under the authority of the United States, or to persons holding office under the author- ity of the United States, where a State, or an am- bassador, or other public minister, or a consul, or vice consul is a party. (R. S. § 688. March 3, 1911, c. 231, § 234, 36 Stat. 1156.) § 1212. (Jud. Code, § 235.) Issues of fact—The trial of issues of fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. (R. S. § 689. March 3, 1911, c. 231, § 235, 36 Stat. 1156.) § 1213. (Jud. Code, § 236.) Appellate juris- dietion—The Supreme Court shall have appellate ju- risdiction in the cases hereinafter specially provided for. (R. S. § 690. March 3, 1911, c. 231, § 236, 36 Stat. 1156.) § 1214. (Jud. Code, § 237, amended.) Same; judgments and decrees of State courts; certiora- ri–A final judgment or decree in any suit in the highest Court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty Or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in ques- tion the validity of a statute of, or an authority ex- ercised under any State, On the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor Of their validity, may be re-examined and reversed Or affirmed in the Supreme Court upon a writ of error. The Writ shall have the same effect as if the judg- ment Or decree complained of had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, in its discretion, award execution Or remand the same to the court from which it was removed by the writ. It shall be competent for the Supreme Court, by Certiorari or otherwise, to require that there be Certified to it for review and determination. With the Same power and authority and With like effect as if brought up by writ of error, any cause wherein a final judgment or decree has been rendered or passed by the highest court of a State in which a decision Could be had, where is drawn in question the Valid- ity of a treaty or statute of, or an authority exer- cised under the United States, and the decision is in favor of their validity; or where is drawn in ques- tion the validity Of a statute of, Or an authority ex- ercised under any State, On the ground of their be- ing repugnant to the Constitution, treaties, Or laws of the United States, and the decision is against their validity; or where any title, right, privilege, or im- munity is claimed under the Constitution, Or any treaty or statute of, or commission held Or authority exercised under the United States, and the decision is either in favor of or against the title, right, privi- lege, or immunity especially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or authority. (R. S. $ 709. March 3, 1911, c. 231, § 237, 36 Stat. 1156. Dec. 23, 1914, c. 2, 38 Stat. 790. Sept. 6, 1916, c. 448, § 2, 39 Stat. 726.) § 1215. (Jud. Code, § 238, amended.) Same; TJnited States district courts—Appeals and writs of error may be taken from the district courts, in- cluding the United States district court for Hawaii and the United States district court for Porto Rico, direct to the Supreme Court in the following cases: In any case in which the jurisdiction of the Court is in issue, in which case the Juestion of juris- [Page 1691 diction alone shall be certified to the Supreme Court from the court below for decision; from the final Sentences and decrees in prize causes; in any Case that involves the construction or application of the Constitution of the United States; in any Case in which the constitutionality of any law of the United States Or the validity Or Construction of any treaty made under its authority is drawn in question; and in any Case in which the COnstitution Or law of a State is Claimed to be in Contravention of the Con- stitution of the United States. (March 3, 1891, c. 517, § 5, 26 Stat. 827. Jan. 20, 1897, c. 68, 29 Stat. 492. April 12, 1900, c. 191, § 35, 31 Stat. 85. April 30, 1900, c. 339, § 86, 31 Stat. 158. March 3, 1909, c. 269, § 1, 35 Stat. 838. March 3, 1911, c. 231, §§ 238, 244, 36 Stat. 1157. Jan. 28, 1915, c. 22, § 2, 38 Stat. 804.) - - § 1216. (Jud. Code, § 239.) Same; certificates of questions by—In any case within its appellate ju- risdiction as defined in section one hundred and twenty-eight, the circuit court of appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concern- ing which it desires the instruction of that Court for its proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of appeals in such case, Or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the Same manner as if it had been brought there for review by writ of error or appeal. (March 3, 1891, c. 517, § 6, 26 Stat. 828. March 3, 1911, c. 231, § 239, 36 Stat. 1157.) § 1217. (Jud. Code, § 240.) Same; certiorari to circuit court of appeals—In any case, civil or Criminal, in which the judgment Or decree of the circuit court of appeals is made final by the provi- SiOns Of this Title, it shall be competent for the Supreme Court to require, by certiorari or otherwise, upon the petition of any party thereto, any such case to be certified to the Supreme Court for its review and determination, with the same power and author- ity in the case as if it had been carried by appeal or writ of error to the Supreme Court. (March 3, 1891, c. 517, § 6, 26 Stat. 828. March 3, 1911, c. 231, § 240, 36 Stat. 1157.) § 1218. (Jud. Code, § 24.1.) Same; other cases –In any Case in which the judgment or decree of the circuit court of appeals is not made final by the pro- Visions of this Title, there shall be of right an ap- peal or Writ of error to the Supreme Court of the United States where the matter in controversy shall exceed one thousand dollars, besides costs. (March 3, 1891, c. 517, § 6, 26 Stat. 828. March 3, 1911, c. 231, § 241, 36 Stat. 1157.) - - § 1219. (Jud. Code, § 242.) Same; Court of Claims—An appeal to the Supreme Court shall be allowed on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any Case where the amount in controversy exceeds three thousand dollars, Or where his claim is forfeited to the United States by the judgment of said court as provided in section One hundred and seventy-two. (R. S. $ 707. March 3, 1911, c. 231, § 242, 36 Stat. 1157.) § 1220. (Jud. Code, § 243.) Same; Court of Claims; time and manner—All appeals from the Court of Claims shall be taken within ninety days after the judgment is rendered, and shail be allowed under such regulations as the Supreme Court may direct. (R. S. $ 708. March 3, 1911, c. 231, § 243, 36 Stat. 1157.) § 1221. [Repealed.] This section was $ 244 of the Judicial Code. It was re- pealed by Act Jan. 28, 1915, c. 22, § 3, 38 Stat. 804. See §§ 1215, 1223. 3 1222 (Tit. 12C THE JUDICIAL CODE HPage 17OI - $ 1222. (Jud. Code, § 245.) Appellate juris- diction; Supreme Courts of Arizona and New Mexico–writs of error and appeals from the final judgments and decrees of the Supreme courts of the Territories of Arizona and New Mexico may be taken and prosecuted to the Supreme Court of the United States in any case wherein is involved the validity Of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority ex- ercised under, the United States, without regard to the Sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent wit- neSSes, exceeds the Sum Or Value of five thousand dol- lars. (R. S. $ 702. March 3, 1885, c. 355, 23 Stat. 443. March 3, 1911, c. 231, § 245, 36 Stat. 1158.) § 1223. (Jud. Code, § 246, amended.) Same; Supreme Courts of Hawaii and Porto Rico–Writs of error and appeals from the final judgments and decrees of the Supreme Court of the Territory of Ha- Waii and of the Supreme Court of Porto Rico may be taken and prosecuted to the Supreme Court of the United States within the same time, in the same manner, under the same regulations, and in the same Classes of cases, in which writs of error and appeals from the final judgments and decrees of the highest COurt Of a State in which a decision in the Suit Could be had, may be taken and prosecuted to the Supreme Court of the United States under the provisions of Section two hundred and thirty-seven ; and in all oth- er cases, civil or criminal, in the Supreme Court of the Territory of Hawaii or the Supreme Court of Porto Rico, it shall be competent for the Supreme Court of the United States to require by certiorari, upon the petition of any party thereto, that the case be certified to it, after final judgment or decree, for review and determination, with the same power and authority as if taken to that court by appeal or writ of error; but certiorari shall not be allowed in any such case un- less the petition therefor is presented to the Supreme Court Of the United States within six months from the date of such judgment or decree. * * (April 30, 1900, c. 339, § 86, 31 Stat. 158. March 3, 1909, c. 269, § 1, 35 Stat. 838. March 3, 1911, c. 231, § 246, 36 Stat. 1158. Jan. 28, 1915, c. 22, § 2, 38 Stat. 804.) Remainder of amendatory section is § 1126a. § 1224. (Jud. Code, § 247.) Same; district court for Alaska—Appeals and Writs of error may be taken and prosecuted from final judgments and de- crees of the district Court for the district of Alaska or for any division thereof, direct to the Supreme Court of the United States, in the following cases: In prize cases; and in all cases which involve the construction or application of the Constitution of the United States, or in which the constitutionality of any law of the United States or the validity or con- struction of any treaty made under its authority is drawn in question, or in which the Constitution or Haw of a State is claimed to be in contravention of the Constitution. Of the United States. of error and appeal shall be taken within the same time, in the same manner, and under the same regu- lations as writs of error and appeals are taken from the district Courts to the Supreme Court. (June 6, 1900, c. 786, § 504, 31 Stat. 414. March 3, 1911, c. 231, § 247, 36 Stat. 1158.) § 1225. [Superseded.] This section was $ 248 of the Judicial Code. It was su- perseded by § 1225a. § 1225a. Appellate jurisdiction; Supreme Court of Philippine Islands—The Supreme Court of the United States shall have jurisdiction to re- view, revise, reverse, modify, or affirm the final judg- ments and decrees of the Supreme Court of the Phil- ippine Islands in all actions, cases, causes, and pro- ceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, or in causes in which the value in Contro- Such writs. , Versy exceeds $25,000, or in which the title or posses- SiOn of real estate exceeding in value the sum of $25,- 000, to be ascertained by the oath of either party or Of Other Competent witnesses, is involved or brought in Question ; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the United States On appeal or writ of error by the party aggrieved Within the same time, in the same manner, under the Same regulations, and by the same procedure, as far applicable, as the final judgments and decrees of the district courts of the United States. (July 1, 1902, c. 1369, § 10, 32 Stat. 695. March 3, 1911, c. 231. § 248, 36 Stat. 1158. Aug. 29, 1916, c. 416, § 27, 39 Stat. 555.) See § 1225b. § 1225%. Same; Supreme Court of Philippirie Islands; cases brought up by certiorari—No judg- ment or decree rendered or passed by the Supreme Court of the Philippine Islands more than sixty days after the approval of this Act shall be reviewed by the Supreme Court upon writ of error or appeal; but it shall be competent for the Supreme Court, by cer- tiorari or otherwise, to require that there be certified to it for review and determination, with the same pOWer, and authority and with like effect as if brought up by writ of error Or appeal, any cause wherein, aft- er such sixty days, the Supreme Court of the Philip- pine Islands may render or pass a judgment or decree which would be subject to review under existing laws. (Sept. 6, 1916, c. 448, § 5, 39 Stat. 727.) See §§ 1225, 1225a. § 1226. (Jud. Code, § 249.) Same; when Ter- ritory becomes State—In all cases where the judg- ment or decree of any court of a Territory might be reviewed by the Supreme Court on writ of error or appeal, such writ of error or appeal may be taken, within the time and in the manner provided by law, notwithstanding such Territory has, after such judg- ment or decree, been admitted as a State; and the Su- preme Court shall direct the mandate to such COUrt as the nature of the writ of error or appeal requires. (R. S. $ 703. March 3, 1911, c. 231, § 249, 36 Stat. 1158.) § 1227. (Jud. Code, § 250.) Same; Court of Appeals of District of Columbia-Any final judg- ment or decree of the court of appeals of the District of Columbia may be reexamined and affirmed, revers- ed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in the following CàSèS: - First. In cases in which the jurisdiction of the trial court is in issue; but when any such Case is not otherwise reviewable in said Supreme Court, then the question of jurisdiction alone shall be certified to said Supreme Court for decision. Second. In prize Cases. Third. In cases involving the construction or ap- plication of the Constitution of the United States, or the constitutionality of any law of the United States, or the validity or construction of any treaty mad under its authority. : Fourth. In cases in which the constitution, Or any law of a State, is claimed to be in contravention of the Constitution of the United States. Fifth. In cases in which the validity Of any all- thority exercised under the United States, or the ex- istence or scope of any power or duty of an Officer of the United States is drawn in question. Sixth. In cases in which the construction of any law of the United States is drawn in question by the defendant. * Except as provided in the next succeeding Section, the judgments and decrees of said court of appeals shall be final in all cases arising under the patent laws, the copyright laws, the revenue laws, the Crim- inal laws, and in admiralty cases; and, except as provided in the next succeeding section, the judg- ments and decrees of said court of appeals shall be final in all cases not reviewable as hereinbefore pro- Vided. Ch. 11) ź 1233 THE JUDICIAL CODE [Page 1711 Writs of error and appeals shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the circuit courts of appeals to the Supreme Court of the United States. (Feb. 9, 1893, c. 74, § 8, 27 Stat. 436. March 3, 1901, c. 854, § 233, 31 Stat. 1227. March 3, 1911, c. 231, § 250, 36 Stat. 1159.) § 1228. (Jud. Code, § 251.) Saxme; certiorari to Court of Appeals, District of Columbia–In any case in which the judgment or decree of said court of appeals is made final by the section last preceding, it shall be competent for the Supreme Court Of the TJnited States to require, by certiorari or otherwise, any Such case to be certified to it for its review and determination, with the same power and authority in the case as if it had been carried by writ of error or appeal to said Supreme Court. It shall also be Competent for said court of appeals, in any Case in which its judgment or decree is made final under the section last preceding, at any time to certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for their proper decision ; and thereupon the Supreme Court may either give its instruction. On the questions and propositions certified to it, which shall be binding upon said court of ap- peals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in Con- troversy in the same manner as if it had been brought there for review by writ of error or appeal. (March 3, 1901, c. 854, § 234, 31 Stat. 1227. March 3, 1911, c. 231, § 251, 36 Stat. 1159.) § 1228a. Same; time for application—No Writ of error, appeal, or writ of certiorari intended to bring up any cause for review by the Supreme Court shall be allowed or entertained unless duly applied for within three months after entry of the judgment or decree complained of: Provided, That writs of cer- tiorari addressed to the Supreme Court of the Philip- pine Islands may be granted if application therefor be made within six months. (Sept. 6, 1916, c. 448, § 6, 39 Stat. 727.) i This section may be regarded as having superseded $$ 1648, 1649, as to the time for taking appeals or writs of error to the Supreme Court, from and after thirty days after its approval, except that the right of review under existing laws in respect of judgments and decrees entered before this section took effect was to remain unaffected for the period of six months thereafter, but such right was to cease thereafter (see § 7 of said Act Sept. 6, 1916, c. 448, 39 Stat. 728). § 1229. (Jud. Code, § 252.) Same; bankrupt- cy act—The Supreme Court of the United States is hereby invested with appellate jurisdiction of con- troversies arising in bankruptcy proceedings, from the courts of bankruptcy, from which it has appellate jurisdiction in Other cases; and Shall exercise a like jurisdiction from courts of bankruptcy not within any Organized circuit Of the United States and from the supreme court of the District of Columbia. An appeal may be taken to the Supreme Court of the United States from any final decision of a court Of appeals allowing or rejecting a claim under the laws relating to bankruptcy, under such rules and within such time as may be prescribed by said Su- preme Court, in the following cases and no other: First. Where the amount in controversy exceeds the sum of two thousand dollars, and the question involved is one which might have been taken on ap- peal or writ of error from the highest court of a State to the Supreme Court of the United States; or Second. Where some justice of the Supreme Court shall Certify that in his opinion the determination of the question involved in the allowance or rejection of Such claim is essential to a uniform construction of §. laws relating to bankruptcy throughout the United tates. Controversies may be certified to the Supreme Court of the United States from other courts of the United States, and the former court may exercise ju- risdiction thereof, and may issue writs of certiorari pursuant to the provisions of the United States laws Inow in force or such as may be hereafter enacted. (July 1, 1898, c. 541, §§ 24, 25, 30 Stat. 553. March 3, 1911, c. 231, § 252, 36 Stat. 1159.) See §§ 9608, 9609. § 1230. (Jud. Code, § 253.) Precedence of writs of error to State courts—Cases on Writ of error to revise the judgment of a State court in any criminal case shall have precedence on the docket of the Supreme Court, of all cases to which the Govern- Iment of the United States is not a party, excepting only such cases as the court, in its discretion, may decide to be of public importance. (R. S. § 710. March 3, 1911, c. 231, §. 253, 36 Stat. 1160.) § 1231. (Jud. Code, § 254.) Cost of printing records--There shall be taxed against the losing par- ty in each and every cause pending in the Supreme Court the cost of printing the record in such case, ex- cept when the judgment is against the United States. (March 3, 1877, c. 105, 19 Stat. 344. March 3, 1911, c. 231, § 254, 36 Stat. 1200.) § 1232. (Jud. Code, § 255.) Women may be admitted to practice—Any woman who shall have been a member of the bar of the highest COUIrt Of any State or Territory, or of the court of appeals of the District of Columbia, for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of Such record, be admitted to practice before the Su- preme Court of the United States. (Feb. 15, 1879, c. 81, 20 Stat. 292. March 3, 1911, c. 231, § 255, 36 Stat. 1160.) - Chapter Eleven—Provisions Common to More Than One Court Sec. - 1233. Exclusive jurisdiction of United States courts. 1233a. Jurisdiction on ground of incorporation of railroad company by Act of Congress. - 1234. Oath of United States judges. 1235. Practice of law by judges. . 1236. Traveling expenses of circuit justices and circuit and district judges. 1237. Salary of judges after resignation. 1238. Writs of ne exeat. 1239. Power to issue Writs. 1240. [Repealed.] 1241. Injunctions; 1242. Same; stay in State courts. - * 1243. Same; alleged unconstitutionality of State statutes. when granted. 1243a. Same; preliminary injunctions and temporary restrain- ing Orders. - 1243b. Same; security on issue. - - - 1243c. Same; requisites of order; binding effect. 1243d. Same; restraining orders between employers and em- ployés; acts not to be prohibited. 1244. Suits in equity. 1245. Administration of oaths; contempts. 1245a. Contempts; constituting also criminal offense. 1245b. Same; procedure. 1245c. Same; review of conviction. 1245d. Same; contempts not specifically enumerated. 1245e. Same; limitations. 1246. New trials. 1247. Security for the peace and good behavior. 1248. Enforcement of awards of foreign consuls. 1249. Appearance personally or by counsel. 1250. Officers forbidden to act as attorneys. 1251. Same; penalty. 1251a. Amendments to pleadings. 1251b. Equitable defenses and equitable relief in actions at law. 1251c. Amendments to show diverse citizenship. § 1233. (Jud. Code, § 256, amended.) Exclu- sive jurisdiction of United States courts—The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, Shall be exclusive Of the courts Of the Several. States: First. Of all Crimes and Offenses cognizable under the authority Of the United States. r Second. Of all suits for penalties and forfeitures incurred under the laws of the United States. . Third. Of all civil causes of admiralty and mari- time jurisdiction; saving to suitors, in all cases, the right of a common-law remedy where the common ź 1233 (Tit. 12C THE JUDICIAL CODE) IPage 172] law is competent to give it, and to claimants the rights and remedies under the workmen’s compensation law Of any State. R Fourth. Of all seizures under the laws of the United States, on land or on waters not within ad- miralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceed- ings for the condemnation of property taken as prize. Fifth. Of all cases arising under the patent-right, Or Copyright laws of the United States. Sixth. Of all matters and proceedings in bank- ruptcy. Seventh. Of all controversies of a civil nature, Where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens. Eighth. Of all suits and proceedings against am- bassadors, or other public ministers, or their domes- tics, Or domestic servants, or against Consuls or vice- consuls. (R. S. $ 711. March 3, 1911, c. 231, § 256, 36 Stat. 1160. Oct. 6, 1917, c. 97, § 2, 40 Stat. 395.) § 1233a. Jurisdiction on ground of incorpora- tion of railroad company by Act of Congress—No Court Of the United States shall have jurisdiction of any action or Suit by Or against any railroad company upon the ground that said railroad company was in- Corporated under an Act of Congress. (Jan. 28, 1915, c. 22, § 5, 38 Stat. 804.) § 1234. (Jud. Code, § 257.) Oath of United States judges—The justices of the Supreme Court, the circuit judges, and the district judges, hereafter appointed, shall take the following Oath before they proceed to perform the duties of their respective Of- fices: “I, ——, do solemnly swear (or affirm) that I will administer justice without respect to per- SOns, and do equal right to the poor and to the rich, and that I will faithfully. and impartially discharge and perform all the duties incumbent upon me as according to the best Of my abilities and un- derStanding, agreeably to the Constitution and laws of the United States: So help me God.” (R. S. § 712. March 3, 1911, c. 231, § 257, 36. Stat. 1161.) § 1235. (Jud. Code, § 258.) Practice of law by judges—It shall not be lawful for any judge appoint- , ed under the authority of the United States to exer- Cise the profession or employment of Counsel Or at- torney, Or to be engaged in the practice of the law. Any pérson offending against the prohibition of this Section shall be deemed guilty of a high misdemeanor. (R. S. § 713. March 3, 1911, c. 231, § 258, 36 Stat. 1161.) § 1236. (Jud. Code, § 259.) Traveling ex- penses of circuit justices and circuit and dis- trict judges—The circuit justices, the circuit and dis- trict judges of the United States, and the judges of the district Courts of the United States in Alaska, Hawaii, and Porto Rico, shall each be allowed and paid his necessary expenses of travel, and his reason- able expenses (not to exceed ten dollars per day) actually incurred for maintenance, consequent upon his attending Court or transacting other official busi- ness in pursuance of law at any place other than his official place of residence, said expenses to be paid by the marshal of the district in which such court is held or Official business transacted, upon the written cer- tificate of the justice or judge. The official place of residence of each justice and of each circuit judge While assigned to the Commerce Court shall be at Washington; and the Official place of residence Of each circuit and district judge, and of each judge of the district courts of the United States in Alaska, Hawaii, and Porto Rico, shall be at that place near- est his actual residence at which either a circuit Court of appeals or a district court is regularly held. Every Such judge shall, upon his appointment, and from time to time thereafter whenever he may change his Of- ficial residence, in writing notify the Department of Justice of his official place of residence. (R. S. §§ 596, 597. March 3, 1881, c. 133, 21 Stat. 454. March S, 1891, c. 517, § 8, 26 Stat. 828. March 3, 1911, c. 231, § 259, 36 Stat. 1161.) - § 1237. (Jud. Code, § 260.) Salary of judges after resignation—When any judge of any court of the United States appointed to hold his office dur- ing good behavior resigns his office, after having held a COmmission or commissions as judge of any such COUrt Or Courts at least ten years Continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the Salary Which is payable at the time of his retirement for the office that he held at the time of his resigna- tion. (R. S. $ 714. Feb. 15, 1909, c. 127, 35 Stat. 619. March 3, 1911, c. 231, § 260, 36 Stat. 1161.) See § 3243a. § 1238. (Jud. Code, § 261.) Writs of ne exeat —Writs Of ne exeat may be granted by any justice Of the Supreme Court, in Cases where they might be granted by the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of Ine exeat Shall be granted unless a Suit in equity is commenced, and satisfactory proof is made to the Court Or judge granting the same that the defendant designs quickly to depart from the United States. (R. S. § 717. March 3, 1911, c. 231, § 261, 36 Stat. 1162.) § 1239. (Jud. Code, § 262.) Power to issue writs—The Supreme Court and the district Courts shall have power to issue writs of Scire facias. The Supreme Court, the circuit courts of appeals, and the district Courts shall have power to issue all Writs not specifically provided for by statute, which may be necessary for the exercise of their respective juris- dictions, and agreeable to the usages and principles of law. (R. S. $ 716. March 3, 1911, c. 231, § 262, 36 Stat. 1162.) § 1240. [Repealed.] § º was $ 263 of the Judicial Code. It was repealed by a. - § 1241. (Jud. Code, § 264.) Injunctions; when granted—Writs Of injunction may be granted by any justice Of the Supreme Court in Cases where they might be granted by the Supreme Court; and by any judge of a district Court in cases where they might be granted by such court. But no justice of the Su- preme Court shall hear Or allow any application for an injunction Or restraining Order in any Cause pend- ing in the circuit to which he is allotted, elsewhere than within such circuit, Or at such place Outside of the same as the parties may stipulate in writing, ex- cept when it can not be heard by the district judge of the district. In Case of the absence from the district of the district judge, or of his disability, any circuit judge of the Circuit in which the district is Situated may grant an injunction or restraining order in any case pending in the district Court, where the same might be granted by the district judge. (R. S. $ 719. March 3, 1911, c. 231, § 264, 36 Stat. 1162.) § 1242. (Jud. Code, § 265.) Same; stay in State courts—The Writ of injunction shall not be granted by any court of the United States to stay proceedings in any Court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy. (R. S. § 720. March 3, 1911, c. 231, § 265, 36 Stat. 1162.) § 1243. (Jud. Code, § 266, amended.) Same; alleged unconstitutionality of State statutes— No interlocutory injunction suspending or restraining the enforcement, Operation, or execution of any stat- ute of a State by restraining the action of any officer Of Such State in the enforcement or execution of Such statute, Or in the enforcement or execution Of an Or- der made by an administrative board or Commission acting under and pursuant to the statutes Of Such State, shall be issued or granted by any justice of the . Supreme Court, or by any district court of the United Ch. 11) Ž 1243d THE JUDICIAL CODE) [Page 173] States, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute, unless the appli- cation for the same shall be presented to a justice of the Supreme Court of the United States, Or to a cir- cuit or district judge, and shall be heard and deter- mined by three judges, of whom at least one shall be a justice of the Supreme Court or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a jus- tice of the Supreme Court, or to a judge, he shall im- mediately call to his assistance to hear and determine the application two other judges: Provided, however, That one of such three judges shall be a justice of the Supreme Court, or a circuit judge. Said applica- tion shall not be heard Or determined before at least five days’ notice of the hearing has been given to the governor and to the attorney general of the State, and to such other persons as may be defendants in the Suit: Provided, That if of opinion that irrepara- ble loss or damage would result to the complainant unless a temporary restraining order is granted, any justice of the Supreme Court, or any circuit Or dis- trict judge, may grant such temporary restraining order at any time before such hearing and determi- nation of the application for an interlocutory injunc- tion, but such temporary restraining order shall re- main in force only until the hearing and determina- tion of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon Such ap- plication for an interlocutory injunction shall be giv- en precedence and shall be in every Way expedited and be assigned for a hearing at the earliest practica- ble day after the expiration of the notice hereinbe- fore provided for. An appeal may be taken direct to the Supreme Court of the United States from the or- der granting or denying, after notice and hearing, an interlocutory injunction in such case. It is further provided that if before the final hearing of such ap- plication a suit shall have been brought in a court of the State having jurisdiction thereof under the laws of such State, to enforce such statute or Order, ac- Companied by a stay in such State court of proceed- ings under such statute or order pending the deter- mination of such suit by such State Court, , all pro- ceedings in any court of the United States to restrain the execution of Such statute or Order shall be stayed pending the final determination of such Suit in the Courts of the State. Such stay may be Vacated upon proof made after hearing, and notice of ten days served upon the attorney general of the State, that the Suit in the State courts is not being prosecuted with diligence and good faith. (June 18, 1910, c. 309, § 17, 36 Stat. 557. March 3, 1911, c. 231, § 266, 36 Stat. 1162. March 4, 1913, c. 160, 37 Stat. 1013.) § 1243a. Same; preliminary injunctions and temporary restraining orders—No preliminary in- junction shall be issued without notice to the Oppo- site party. No temporary restraining order shall be granted without notice to the Opposite party unless it shall clearly appear from specific facts shown by affidavit or by the verified bill that immediate and irrepara- ble injury, loss, or damage will result to the appli- cant before notice Can be served and a hearing had thereon. Every such temporary restraining order shall be indorsed with the date and hour Of issu- ance, shall be forthwith filed in the clerk's office and entered of record, shall define the injury and state why it is irreparable and why the Order was granted without notice, and shall by its terms expire within Such time after entry, not to exceed ten days, as the Court or judge may fix, unless within the time so fix- ed the order is extended for a like period for good cause shown, and the reasons for such extension shall be entered of record. In Case a temporary restrain- ing Order shall be granted Without notice in the con- tingency specified, the matter of the issuance of a pre- liminary injunction shall be set down for a hearing at the earliest possible time and shall take preced- ence Of all matters except Older matters Of the Sanhe Character; and when the same Comes up for hearing the party obtaining the temporary restraining order shall proceed with the application for a preliminary injunction, and if he does not do So the Court shall dissolve the temporary restraining Order. Upon two days’ notice to the party obtaining Such temporary restraining order the opposite party may appear and move the dissolution or modification Of the Order, and in that event the Court Or judge shall proceed to hear and determine the motion as expeditiously as the ends of justice may require. Section two hundred and sixty-three of an Act en- titled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, is hereby repealed. Nothing in this section contained shall be deemed to alter, repeal, or amend section two hundred and sixty-six of an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” ap- proved March third, nineteen hundred and eleven. (R. S. § 718. March 3, 1911, c. 231, § 263, 36 Stat. 1162. Oct. 15, 1914, c. 323, § 17, 38 Stat. 737.) § 1243b. Same; security on issue—EXCept as otherwise provided in section 16 of this Act, no re- straining Order or interlocutory order of injunction shall issue, except upon the giving of Security by the applicant in such sum as the Court or judge may deem proper, conditioned upon the payment Of Such costs and damages as may be incurred or suffered by any party who may be found to have been Wrong- fully enjoined or restrained thereby. (Oct. 15, 1914, c. 323, § 18, 38 Stat. 738.) § 1243c. Same; requisites of order; binding effect—Every order of injunction or restraining Or- der shall set forth the reasons for the issuance Of the same, shall be specific in terms, and shall describe in reasonable detail, and not by reference to the bill of complaint or other document, the act Or acts SOught to be restrained, and shall be binding only upon the parties to the suit, their officers, agents, servants, employees, and attorneys, or those in active concert or participating with them, and who shall, by per- Sonal Service or otherwise, have received actual no- tice of the same. (Oct. 15, 1914, c. 323, § 19, 38 Stat. 738.) n - - - r § 1243d. Same; restraining orders between employers and employés; acts not to be prohib- ited—No restraining order or injunction shall be granted by any court of the United States, or a judge Or the judges thereof, in any case between an em- ployer and employees, or between employers and em- ployees, or between employees, Or between persons employed and persons Seeking employment, involving, or growing out of, a dispute concerning terms or Con- ditions of employment, unless necessary to prevent ir- reparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and Such proper- ty or property right must be described with particu- larity in the application, which must be in writing and Sworn to by the applicant or by his agent or at- torney. And no such restraining Order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employ- ment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading oth- ers by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work Or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, ad- vising, or persuading others by peaceful and lawful' 3 1244: (Tit. 12c THE JUDICIAL CODE [Page 174] means so to do; or from paying or giving to, Or withholding from, any person engaged in Such dis- pute, any strike benefits or other moneys Or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence, of such dispute by any party thereto ; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States. (Oct. 15, 1914, c. 323, § 20, 38 Stat. 738.) - - § 1244. (Jud. Code, § 267.) Sºlitis in equity- Suits in equity shall not be sustained in any court of the United States.in any case where a plain, adequate, and complete remedy may be had at law. 723. March 3, 1911, c. 231, § 267, 36 Stat. 1163.) § 1245. (Jud. Code, § 268.) Administration of oaths; contempts—The said courts shall have power to impose and administer all necessary Oaths, and to punish, by fine or imprisonment, at the discretion of the court, contempts of their authority: ProVided, That such power to punish contempts shall not be con- strued to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbe- havior of any of the officers of said courts in their Of- ficial transactions, and the disobedience or resistance by any such officer, or by any party, juror, Witness, or other person to any lawful writ, process, Order, rule, decree, or command of the said courts. (R. S. § 725. March 3, 1911, c. 231, § 268, 36 Stat. 1163.) § 1245a. Contempts; constituting also crimi- mal offense—Any person who shall willfully disobey any lawful writ, process, order, rule, decree, or COm- mand of any district court of the United States or any court of the District of Columbia by doing any act, or thing therein, or thereby forbidden to be done by him, if the act or thing so done by him be of such character as to constitute also a criminal Offense under any statute of the United States or under the laws of any State in which the act Was Committed Shall be pro- ceeded against for his said contempt as hereinafter provided. (Oct. 15, 1914, c. 323, § 21, 38 Stat. 738.) § 1245b. Same; procedure—Whenever it shall be made to appear to any district court or judge thereof, or to any judge therein sitting, by the return of a proper officer on lawful process, or upon the affidavit of some credible person, or by information filed by any district attorney, that there is reasonable ground to believe that any person has been guilty of Such COn- tempt, the court or judge thereof, or any judge there- in sitting, may issue a rule requiring the said per- son SO Charged to show cause upon a day Certain Why he should not be punished therefor, Which rule, to- gether with a copy of the affidavit Or information, shall be served upon the person charged, with suffi- cient promptness, to enable him to prepare for and make return to the Order at the time fixed therein. If upon or by such return, in the judgment of the Court, the alleged contempt be not sufficiently purged, a trial shall be directed at a time and place fixed by the court: Provided, however, That if the accused, being a natural person, fail or refuse to make return to the rule to show cause, an attachment may issue against his person to Compel an answer, and in case of his continued failure or refusal, or if for any rea- son it be impracticable to dispose of the matter on the return day, he may be required to give reasonable bail for his attendance at the trial and his submission to the final judgment of the court. Where the ac- cused is a body corporate, an attachment for the se- questration of its property may be issued upon like refusal or failure to answer. In all cases within the purview of this Act such trial may be by the court, or, upon demand of the accused, by a jury; in which latter event the court may impanel a jury from the jurors then in attend- ance, or the court or the judge thereof in chambers (R. S. § may cause a sufficient number of jurors to be selected and summoned, as provided by law, to attend at the time and place of trial, at which time a jury shall be selected and impaneled as upon a trial for misde- meanor; and such trial shall conform, as near as may be, to the practice in criminal cases prosecuted by in- dictment or upon information. - - If the accused be found guilty, judgment Shall be entered accordingly, prescribing the punishment, ei- ther by fine or imprisonment, or both, in the discretion of the court. Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, Where more than One is SO damaged, be divided Or appor- tioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural perSon, the sum of $1,000, nor shall such imprisonment exceed the term of six months: Provided, That in any Case the court or a judge thereof may, for good cause ShoWn, by affidavit or proof taken in Open court or before such judge and filed with the papers in the case, dis- pense with the rule to show cause, and may issue an attachment for the arrest of the person charged with Contempt ; in which event such person, when arrest- ed, shall be brought before such court or a judge thereof without unnecessary delay and shall be ad- mitted to bail in a reasonable penalty for his appear- ance to answer to the Charge or for trial for the contempt; and thereafter the proceedings shall be the same as provided herein in Case the rule had is- sued in the first instance. (Oct. 15, 1914, c. 323, § 22, 38 Stat. 738.) . § 1245c. Same; review of conviction—The evi- dence taken upon the trial of any persons so accused may be preserved by bill of exceptions, and any judg- ment of conviction may be reviewed upon writ of error in all respects as now provided by law in Crim- inal cases, and may be affirmed, reversed, or modified as justice may require. Upon the granting of such Writ of error, execution of judgment shall be stayed, and the accused, if thereby sentenced to imprisonment, Shall be admitted to bail in such reasonable sum as may be required by the court, or by any justice, or any judge of any district court of the United States or any court of the District of Columbia. (Oct. 15, 1914, c. 323, § 23, 38 Stat. 739.) - § 1245d. Same; contempts not specifically enumerated—Nothing herein contained shall be con- strued to relate to contempts committed in the pres- ence Of the COurt, or SO near thereto as to obstruct the administration Of justice, nor to contempts Committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or ac- tion brought or prosecuted in the name of, or on be- half of, the United States, but the same, and all other cases of contempt not specifically embraced within section twenty-one of this Act, may be punished in Conformity to the usages at law and in equity now prevailing. (Oct. 15, 1914, c. 323, § 24, 38 Stat. 739.) § 1245e. Same; limitations—No proceeding for Contempt shall be instituted against any person un- less begun within one year from the date of the act Complained of ; nor shall any such proceeding be a bar to any Criminal prosecution for the same act or acts; but nothing herein contained shall affect any proceedings in contempt pending at the time of the passage of this Act. (Oct. 15, 1914, c. 323, § 25, 38 Stat. 740.) § 1246. (Jud. Code, § 269.) New trials—All of the said courts Shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been grant- ed in the courts of law. (R. S. § 726. March 3, 1911, c. 231, § 269, 36 Stat. 1163.) - - § 1247. (Jud. Code, § 270.) Security for the peace and good behavior—The judges Of the Su- preme Court and of the circuit courts of appeals and district courts, United States commissioners, and the Ch. 12) a 1258 TEIE JUDICIAL CODE) IPage 175] judges and other magistrates of the several States, who are or may be authorized by law to make arrests for Offenses against the United States, shall have the like authority to hold to security of the peace and for good behavior, in cases arising under the Con- stitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them. (R. S. § 727. March 3, 1911, c. 231, § 270, 36 Stat. 1163.) § 1248. (Jud. Code, § 271.) Enforcement of awards of foreign consuls—The district courts and the United States commissioners shall have power to Carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, Vice consul, or Commercial agent Of any foreign nation, made or rendered by virtue of authori- ty Conferred on him as such consul, vice consul, Or Commercial agent, to sit as judge or arbitrator in Such differences as may arise between the captains and Crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such Court or commissioner, by petition of such consul, vice Consul, or commercial agent. And said Courts and COmmissioners may issue all proper remedial process, meSne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience there- to by imprisonment in the jail or other place of Con- finement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in Writing of such Consul, vice consul, or commercial agent, Or his successor in office, or by the authority Of the foreign government appointing such consul, vice Consul, or commercial agent: Provided, however, That the expenses of the said imprisonment and mainte- nance of the prisoners, and the cost of the proceedings, Shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requir- ing Such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to Carry into effect the premises, under the authority of the said courts and Commissioners. (R. S. § 728. March 3, 1911, c. 231, § 271, 36 Stat. 1163.) § 1249. (Jud. Code, § 272.) Appearance per- sonally or by counsel–In all the courts of the Unit- ed States the parties may plead and manage their own Causes personally, or by the assistance of such Coun- Sel Or attorneys at law as, by the rules of the said Courts, respectively, are permitted to manage and Con- duct causes therein. (R. S. $ 747. March 3, 1911, c. 231, § 272, 36 Stat. 1164.) § 1250. (Jud. Code, § 273.) Officers forbidden to act as attorneys—No clerk, Or assistant Or deputy clerk, of any Territorial, district, or circuit court of appeals, or of the Court of Claims, or of the Supreme Court of the United States, or marshal or deputy marshal Of the United States within the district for which he is appointed, shall act as a solicitor, proctor, attorney, or counsel in any cause depending in any of said courts, or in any district for which he is acting as such officer. (R. S. § 748. March 3, 1911, c. 231, § 273, 36 Stat. 1164.) § 1251. (Jud. Code, § 274.) Same; penalty— Whoever shall violate the provisions of the preceding section shall be stricken from the roll of attorneys by the court upon complaint, upon which the respondent shall have due notice and be heard in his defense; and in the case of a marshal Or deputy marshal so act- ing, he shall be recommended by the Court for dis- missal from office. (R. S. § 749. March 3, 1911, c. 231, § 274, 36 Stat. 1164.) § 1251a. (Jud. Code, § 274a.) Amendments to pleadings—In case any of said courts shall find that a Suit at law should have been brought in equity or a Suit in equity should have been brought at law, the COurt Shall Order any amendments to the pleadings Which may be necessary to conform them to the proper practice. Any party to the suit shall have the right, at any Stage of the cause, to amend his pleadings so as to Obviate the Objection that his Suit was not brought On the right side Of the court. The Cause shall proceed and be determined upon such amended pleadings. All testimony taken before Such amend- ment, if preserved, shall stand as testimony in the cause with like effect as if the pleadings had been Originally in the amended form. (March 3, 1915, C. 90, 38 Stat. 956.) § 125 lb. (Jud. Code, § 274b.) Equitable dea fenses and equitable relief in actions at law—In all actions at law equitable defenses may be interpos- ed by answer, plea, or replication without the neces- sity Of filing a bill on the equity side of the Court, The defendant shall have the same rights in such Case as if he had filed a bill embodying the defense Of Seeking the relief prayed for in Such answer or plea. Equitable relief respecting the subject matter of the Suit may thus be obtained by answer or plea. In case affirmative relief is prayed in such answer or plea, the plaintiff shall file a replication. Review of the judgment or decree entered in such case shall be reg- ulated by rule of court. Whether such review be sought by writ of error or " by appeal the appellate COurt shall have full power to render Such judgment upon the records as law and justice shall require. (March 3, 1915, c. 90, 38 Stat. 956.) § 1251 c. (Jud. Code, § 274c.) Amendments to show diverse citizenship—Where, in any suit brought in, or removed from any State court to any district of the United States, the jurisdiction of the district court is based upon the diverse citizenship of the parties, and such diverse citizenship in fact exist- ed at the time the suit was brought or removed, though defectively alleged, either party may amend at any Stage of the proceedings and in the appellate court upon Such terms as the Court may impose, so as to Show On the record such diverse citizenship and juris- diction, and thereupon such suit shall be proceeded with the same as though the diverse citizenship had been fully and Correctly pleaded at the inception of the Suit, or, if it be a removed case, in the petition for removal. (March 3, 1915, c. 90, 38 Stat. 956.) see Chapter Twelve—Juries 1252. Jurors; qualifications and exemptions. 1253. Same; drawing. 1254. Same; apportioned in district. 1255. Same; race or color. 1256. Same; venire. 1257. Talesmen for petit juries. 1258. Special juries. 1259. Grand jurors; number. 1260. Same; foreman. 1261. Same; when summoned. 1262. Same; discharge. 1263. Jurors not to serve more than once a year. 1264. Challenges. 1265. Disqualification for service in prosecutions for polyg- amy. § 1252. (Jud. Code, § 275.) Jurors; qualifica- tions and exemptions—Jurors to serve in the COurts Of the United States, in each State respectively, shall have the same qualifications, subject to the provi- Sions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest Court of law in such State may have and be entitled to at the time When Such jurors for Service in the COurts Of the Unit- ed States are summoned. (R. S. § 800. June 30, 1879, c. 52, § 2, 21 Stat. 43. March 3, 1911, c. 231, § 275, 36 Stat. 1164.) § 1253. (Jud. Code, § 276, amended.) Same; drawing—All such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names Of not less than three hun- dred persons, possessing the qualifications prescribed in the section last preceding, which names shall have 3 1254 (Tit. 12C TEIE JUDICIAL CODE IPage 176] been placed therein by the clerk of such court, or a duly qualified deputy clerk, and a commissioner, to be appointed by the judge thereof, or by the judge senior in commission in districts having more than one judge, Which commissioner shall be a citizen of good stand- ing, residing in the district in which such court is held, and a well-known member of the principal political party in the district in which the Court is held oppos- ing that to which the clerk, or a duly qualified deputy Clerk then acting, may belong, the clerk, or a duly Qualified deputy clerk, and said commissioner each to place One name in said box alternately, without reference to party affiliations until the whole number required shall be placed therein. (June 30, 1879, c. 52, § 2, 21 Stat. 43. March 3, 1911, c. 231, § 276, 36. Stat. 1164. Feb. 3, 1917, c. 27, 39 Stat. 873.) § 1254. (Jud. Code, § 277.) Same; apportion- ed in district—Jurors shall be returned from such parts of the district, from time to time, as the court Shall direct, so as to be most favorable to an impar- tial trial, and so as not to incur an unnecessary ex- pense, or unduly burden the citizens of any part of the district with such service. (R. S. § 802. 1911, c. 231, § 277, 36 Stat. 1164.) § 1255. (Jud. Code, § 278.) Same; race or col- or—NO citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude. (June 30, 1879, c. 52, § 2, 21 Stat. 43. March 3, 1911, c. 231, § 278, 36 Stat. 1165.) § 1256. (Jud. Code, § 279.) Same; venire– Writs of venire facias, when directed by the court, shall issue from the clerk’s office, and shall be served and returned by the marshal in person, or by his dep- uty; or, in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit person as may be specially appointed for that purpose by the court, who shall administer to him an Oath that he will truly and impartially Serve and return the writ. Any person named in Such Writ who resides elsewhere than at the place at Which the COurt is held, shall be served by the marshal mail- ing a copy thereof to such person commanding him to attend as a juror at a time and place designated therein, which copy shall be registered and deposited in the post Office addressed to such person at his usual post-Office address. And the receipt of the person SO addressed for such registered copy shall be regarded as personal service of such writ upon such person, and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the marshal and allowed him in the settlement of his accounts. (R. S. § 803. March 3, 1911, c. 231, § 279, 36 Stat. 1165.) § 1257. (Jud. Code, § 280.) Talesmen for petit juries—When, from challenges or otherwise, there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy shall, by Order of the Court in which such defect of jurors happens, return jurymen from the bystanders sufficient to complete the panel; and when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and Such person shall be sworn, as provided in the pre- ceding section. (R. S. § 804. March 3, 1911, c. 231, § 280, 36 Stat. 1165.) § 1258. (Jud. Code, § 281.) Special juries— When special juries are ordered in any district court, they shall be returned by the marshal in the same manner and form as is required in such cases by the laws of the several States. (R. S. § 805. March 3, 1911, c. 231, § 281, 36 Stat. 1165.) § 1259. (Jud. Code, § 282.) Grand jurors; number—Every grand jury impaneled before any dis- trict Court shall Consist Of not less than sixteen nor more than twenty-three persons. If of the persons Summoned less than sixteen attend, they shall be March 3, placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to Complete the grand jury. And whenever a challenge to a grand juror is allowed, and there are not in at- tendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to Summon a sufficient number of persons for that purpose. (R. S. § 808. March 3, 1911, c. 231, § 282, 36 Stat. 1165.) § 1260. (Jud. Code, § 283.) Same; foreman— From the persons summoned and accepted as grand jurors, the court shall appoint the foreman, who shall have power to administer oaths and affirmations to Witnesses appearing before the grand jury. (R. S. § 809. March 3, 1911, c. 231, § 283, 36 Stat. 1165.) § 1261. (Jud. Code, § 284.) Same; when sum- moned-NO grand jury shall be summoned to attend any district court unless the judge thereof, in his OWn discretion or upon a notification by the district at- torney that such jury will be needed, orders a venire to issue therefor. If the United States attorney for any district which has a city or borough containing at least three hundred thousand inhabitants shall certify in writing to the district judge, or the senior district judge of the district, that the exigencies of the public Service require it, the judge may, in his discretion, also Order a Venire to issue for a second grand jury. And Said Court may in term order a grand jury to be sum- moned at Such time, and to serve such time as it may direct, whenever, in its judgment, it may be proper to do so. But nothing herein shall operate to extend beyond the time permitted by law the imprisi- Onnent before indictment found of a person accused Of a Crime or offense, or the time during which a perSOn SO accused may be held under recognizance be- fore indictment found. (R. S. § S10. March 28, 1910, c. 134, 36 Stat. 267. March 3, 1911, c. 231, § 284, 36 Stat. 1165.) - § 1262. (Jud. Code, § 285.) Same; discharge-- The district courts, the district courts of the Terri- tories, and the Supreme Court of the District of Co- lumbia may discharge their grand juries whenever they deem a continuance of the sessions of such juries unnecessary. (R. S. § 811. March 3, 1911, c. 231, § 285, 36 Stat. 1166.) § 1263. (Jud. Code, § 286.) Jurors not to serve more than once. a year—No person shall serve as a petit juror in any district court more than one term in a year; and it shall be sufficient cause of chal- lenge to any juror called to be sworn in any cause that he has been Summoned and attended said court as a juror at any term of Said Court held within One year prior to the time of such challenge. (R. S. § 812. June 30, 1879, c. 52, § 2, 21 Stat. 43. March 3, 1911, c. 231, § 286, 36 Stat. 1166.) § 1264. (Jud. Code, § 287.) Challenges—When the offense charged is treason or a capital offense, the defendant shall be entitled to twenty and the United States to six peremptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States to six peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all CaseS where there are Several defendants or Several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all chal- lenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. (R. S. § 819. March 3, 1911, c. 231, § 287, 36 Stat. 1166.) § 1265. (Jud. Code, § 288.) Disqualification 'for service in prosecutions for polygamy—In any prosecution for bigamy, polygamy, or unlawful cohabi- tation, under any statute of the United States, it shall be sufficient cause of challenge to any person drawn Or summoned as a juryman Or talesman— First, that he is or has been living in the practice Ch. 14) ź 1274 THE JUDICIAL CODE [Page 1771 Of bigamy, polygamy, Or unlawful cohabitation with more than One Woman, or that he is or has been guilty Of an Offense punishable either by sections one or three of an Act entitled “An Act to amend section fifty-three hundred and fifty-two of the Revised Stat- utes Of the United States, in reference to bigamy, and for Other purposes,” approved March twenty-second, eighteen hundred and eighty-two, or by section fifty- three hundred and fifty-two of the Revised Statutes of the United States, or the Act of July first, eighteen hundred and sixty-two, entitled “An Act to punish and prevent the practice of polygamy in the Terri- tories of the United States and other places, and dis- approving and annulling certain Acts of the legislative assembly of the territory of Utah”; or Second, that he believes it right for a man to have more than One living and undivorced wife at the same time, or to live in the practice of cohabiting with more than One woman. - Any person appearing or offered as a juror or tales- man, and Challenged on either of the foregoing grounds, may be questioned on his oath as to the existence of any such cause of challenge; and other evidence may be introduced bearing upon the ques- tion raised by such challenge; and this question shall be tried by the court. But as to the first ground of challenge before men- tioned, the person challenged shall not be bound to an- swer if he shall say upon his oath. that he declines on the ground that his answer may tend to criminate himself; and if he shall answer as to said first ground, his answer shall not be given in evidence in any Criminal prosecution against him for any Offense above named ; but if he declines to answer on any ground, he shall be rejected as incompetent. (March 22, 1882, c. 47, § 5, 22 Stat. 31. March 3, 1911, c. 231, § 288, 36 Stat. 1166.) Chapter Thirteen—General Provisions Sec 1266. Circuit courts abolished; records transferred to dis- trict Courts. , , 1267. Same; pending suits disposed of in district courts. 1268. Same; powers and duties imposed on district courts. 1269. References to laws revised refer to sections of act. 1270. sº 1 to 5, Revised Statutes, govern construction 1271. Lº: revised construed as continuations of existing a.W.S. 1272. Inºice of legislative construction. 1273. Act designated as “The Judicial Code.” § 1266. (Jud. Code, § 289.) Circuit courts abolished; records transferred to district courts —The circuit courts of the United States, upon the taking effect of this Act, shall be, and hereby are, abolished ; and thereupon, on said date, the clerks of said courts shall deliver to the clerks of the district courts of the United States for their respective dis- tricts all the journals, dockets, books, files, records, and other books and papers of or belonging to Or in any manner connected with said Circuit courts; and shall also on said date deliver to the Clerks Of Said district courts all moneys, from whatever source re- ceived, then remaining in their hands or under their control as clerks of Said circuit Courts, or received by them by virtue of their said offices. The journals, dockets, books, files, records, and other books and papers so delivered to the Clerks Of the several dis- trict courts shall be and remain a part of the official records of said district Courts, and copies thereof, when certified under the hand and Seal Of the Clerk Of the district court, shall be received as evidence equal- ly with the originals thereof; and the clerks of the several district courts shall have the same authority to exercise all the powers and to perform all the duties with respect thereto as the Clerks Of the Several circuit courts had prior to the taking effect of this Act. (March 3, 1911, c. 231, § 289, 36 Stat. 1167.) § 1267. (Jud. Code, § 290.) Same; pending suits disposed of in district courts—All suits and COMP.ST.’18—12 proceedings pending in said circuit courts on the date of the taking effect of this Act, whether original- ly brought therein Or Certified thereto from the dis- trict Courts, shall thereupon and thereafter be pro- Ceeded With and disposed of in the district Courts in the Same manner and With the same effect as if Orig- inally begun therein, the record thereof being entered in the records of the circuit courts so transferred as above provided. (March 3, 1911, c. 231, § 290, 36 Stat. 1167.) - § 1268. (Jud. Code, § 291.) Same; powers and duties imposed on district courts—Wherever, in any law not embraced within this Act, any reference is made to, or any power or duty is conferred or im- posed upon, the circuit courts, such reference shall. upon the taking effect of this Act, be deemed and held to refer to, and to Confer such power and impose Such duty upon, the district courts. (March 3, 1911, c. 231, § 291, 36 Stat. 1167.) º § 1269. (Jud. Code, § 292.) References to laws revised refer to sections of act—Wherever, in any law not contained within this Act, a reference is made to any law revised or embraced herein, such reference, upon the taking effect hereof, shall be Construed to refer to the section Of this Act into Which has been carried or revised the provision of law to which ref- erence is so made. (March 3, 1911, c. 231, § 292, 36 Stat. 1167.) § 1270. (Jud. Code, § 293.) Sections 1 to 5, Revised Statutes, govern construction of act—The provisions of sections one to five, both inclusive, Of the Revised Statutes, shall apply to and govern the Construction of the provisions Of this Act. The words “this title,” wherever they OCCur herein, Shall be Con- strued to mean this Act. (March 3, 1911, c. 231, § 293, 36 Stat. 1167.) R. S. §§ 1-5, mentioned in this section, containing defi- Initions of certain terms, are set forth ante, §§ 1–5. § 1271. (Jud. Code, § 294.) laws revised con- strued as continuations of existing laws—The pro- visions of this Act, so far as they are substantially the same as existing statutes, shall be COnstrued as COn- tinuations thereof, and not as new enactments, and there shall be no implication of a change of intent by reason of a change of Words in such statute, unless such change of intent shall be clearly manifest. (March 3, 1911, c. 231, § 294, 36 Stat. 1167.) § 1272. (Jud. Code, § 295.) Inference of leg- islative construction—The arrangement and Classifi- cation of the Several Sections Of this Act have been made for the purpose Of a more COnvenient and Or- derly arrangement of the same, and therefore no in- ference or presumption of a legislative Construction is to be drawn by reason. Of the Chapter under which any particular section is placed. (March 3, 1911, c. 231, § 295, 36 Stat. 1167) § 1273. (Jud. Code, § 296.) Act designated as “The Judicial Code”—This Act may be designated and cited as “The Judicial Code.” (March 3, 1911, c. 231, § 296, 36 Stat. 1168.) Chapter Fourteen—Repealing Provi- Sec. sions 1274. Sections, acts, and parts of acts repealed. 1275. Effect of repeal. 1276. Same. + 1277. Offenses committed, how prosecuted and enforced. 1278. Date act effective. § 1274. (Jud. Code, § 297.) Sections, acts, and parts of acts repealed—The following Sections of the Revised Statutes and Acts and parts of Acts are here- by repealed : Sections five hundred and thirty to five hundred and sixty, both inclusive; sections five hundred and six- ty-two to five hundred and sixty-four, both inclusive; Sections five hundred and sixty-Seven to six hundred and twenty-seven, both inclusive; Sections Six hun- & 1274 (Tit. 1ze • THE JUDICIAL CODE & IIPage 1781 dred and twenty-nine to six hundred and forty-Seven, both inclusive; sections six hundred and fifty to Six hundred and ninety-seven, both inclusive; Section Six hundred and ninety-nine ; Sections seven hundred and two to seven hundred and fourteen, both inclusive ; sections seven hundred and sixteen to seven hundred and twenty, both inclusive; section . Seven hundred and twenty-three; sections Seven hundred and tWell- ty-five to seven hundred and forty-nine, both inclusive : sections eight hundred to eight hundred and twenty- two, both inclusive; sections ten hundred and forty- nine to ten hundred and eighty-eight, both inclusive : sections ten hundred and ninety-one to ten hundred and ninety-three, both inclusive, of the Revised Stat- utes. “An Act to determine the jurisdiction of Circuit courts of the United States and to regulate the re- moval of causes from State courts, and for other pur- poses,” approved March third, eighteen hundred and seventy-five. Section five of an Act entitled “An Act to amend section fifty-three hundred and fifty-two of the Re- vised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two ; but sections six, seven, and eight of said Act, and Sec- tions one, two, and twenty-six of an Act entitled “An Act to amend an Act entitled “An Act to amend section fifty-three hundred and fifty-two of the Re- vised Statutes of the United States, in reference to bigamy, and for other purposes,’ approved March twenty-second, eighteen hundred and eighty-two,” ap- proved March third, eighteen hundred and eighty- seven, are hereby continued in force. “An Act to afford assistance and relief to CongreSS and the executive departments in the investigation of claims and demands against the Government,” ap- proved March third, eighteen hundred and eighty- three. “An Act regulating appeals from the Supreme COurt Of the District of Columbia and the Supreme COurts Of the several Territories,” approved March third, eight- een hundred and eighty-five. - “An Act to provide for the bringing of suits against the Government of the United States,” approved March third, eighteen hundred and eighty-Seven, ex- Cept Sections four, five, Six, Seven, and ten thereof. Sections one, two, three, four, six, and seven of an Act entitled “An Act to COrrect the enrollment Of an Act approved March third, eighteen hundred and eigh- ty-seven, entitled “An Act to amend Sections One, tWO, three, and ten of an Act to determine the jurisdiction Of the circuit Courts of the United States, and to regu- late the removal of Causes from State Courts, and for other purposes,’ approved March third, eighteen hundred and seventy-five,” approved August thir- teenth, eighteen hundred and eighty-eight. “An Act to withdraw from the Supreme Court ju- risdiction of Criminal cases not capital and Confer the Salme On the Circuit COurts Of appeals,” approved Jan- uary twentieth, eighteen hundred and ninety-seven. “An Act to amend sections one and two of the Act of March third, eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large, chapter three hun- dred and fifty-nine,” approved June twenty-seventh, eighteen hundred and ninety-eight. “An Act to amend the seventh section of the Act entitled “An Act to establish circuit courts of appeals and to define and regulate in certain cases the ju- risdiction of the courts of the United States, and for other purposes,’ approved March third, eighteen hun- dred and ninety-one, and the several Acts amendatory thereto,” approved April fourteenth, nineteen hundred and Six. All Acts and parts of Acts authorizing the appoint- ment Of United States circuit Or district judges, OT creating or changing judicial circuits, or judicial dis- tricts or divisions thereof, or fixing or changing the times or places of holding court therein, enacted prior to February first, nineteen hundred and eleven. Sections one, two, three, four, five, the first para- graph of section six, and section seventeen of an Act entitled “An Act to create a commerce Court, and to amend an Act entitled “An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, and for Other purposes,” approved June eighteenth, nineteen hun- dred and ten. Also all other Acts and parts of Acts, in So far as they are embraced within and Superseded by this Act, are hereby repealed; the remaining portions thereof to be and remain in force with the Same effect and to the same extent as if this Act had not been passed. (March 3, 1911, c. 231, § 297, 36 Stat. 1168.) § 1275. (Jud. Code, § 298.) Effect of repeal-- The repeal of existing laws providing for the appoint- ment of judges and other officers mentioned in this Act, or affecting the Organization of the courts, shall not be construed to affect the tenure of office of the incumbents (except the Office be abolished), but they shall Continue to hold their respective Offices during the terms for which appointed, unless removed as provided by law ; nor (except the office be abolished) shall such repeal affect the salary or fees or comperi- sation of any Officer Or person holding Office Or posi- tion by virtue of any law. (March 3, 1911, c. 231, § 298, 36 Stat. 1169.) § 1276. (Juid. Code, § 299.) Sarne—The repeal of existing laws, or the amendments thereof, embraced in this Act, shall not affect any act done, or any right accruing Or accrued, or any suit or proceeding, includ- ing those pending on Writ of error, appeal, Certificate, or Writ of certiorari, in any appellate Court referred to Or included within, the provisions of this Act, pending at the time of the taking effect of this Act, but all Such suits and proceedings, and Suits and proceedings for causes arising or acts done prior to Such date, may be Commenced and prosecuted within the same time, and with the same effect, as if said re- peal Or amendments had not been made. (March 3, 1911, c. 231, § 299, 36 Stat. 1169.) § 1277. (Jud. Code, § 300.) Offenses commit- ted, how prosecuted and enforced-All offenses committed, and all penalties, forfeitures, or liabili- ties incurred prior to the taking effect hereof, under any law embraced in, amended, or repealed by this Act, may be prosecuted and punished, or sued for and recovered, in the district Courts, in the same manner and with the same effect as if this Act had not been passed. (March 3, 1911, c. 231, § 300, 36 Stat. 1169.) § 1278. (Jud. Code, § 301.) Date Act effective —This Act Shall take effect and be in force on and after January first, nineteen hundred and twelve. (March 3, 1911, c. 231, § 301, 36 Stat. 1169.) TITLE XIII—THE JUDICIARY Chap. - Sec. I Chap. - - - Sec. 1. Judicial Districts . . . . . . . . . . . . . . . tº e º e º e º we & g g º e tº e º º 13. Habeas Corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1279 2. District Courts, Organization . . . . . . . . . . . . . . . . . . e 14. District Attorneys, Marshals, Cierks and Other 3. District Courts, Jurisdiction . . . . . . . . . . . . . . . . . tº $ tº Court Officers, and Commissioners. . . . . . . . . . . . . 1294 4. District Courts, Sessions . . . . . * * * * * * * * * * * * * * tº gº tº e 15. Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * tº $ tº 5. Judicial Circuits . . . . . . . . . . . * * * * * * * tº e º e º e º e º 'º ſº e * @ 16. Fees and Compensation of Officers. . . . . . . . . . . . . . 1375 6. Circuit Courts, Organization . . . . . . . . . . . . . . . . . . . & 17. Evidence . . . . . . . . . . . e e º g º e º ºs e e º e º ºs e e * tº gº º e º e º º . . . . 1464 7. Circuit Courts, Jurisdiction . . . . . . . . . . . . . . . . . tº e º e 18. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1534 8. Circuit Courts, Sessions . . . . . . . . . . . . . . . . . . . . . . . . . 19. Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1707 9. Supreme Court, Organization . . . . . . . . . . . . . . . . . . . 20. The Court of Claims, Organization and Sessions 10. Supreme Court, Sessions . . . . . . . . . . . . . . . . . . . . . . . . 21. The Court of Claims, Jurisdiction, Powers, and 11. Supreme Court, Jurisdiction . . . . . . . . . . . . . . . . tº º ſº tº Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Provisions Common to More Than One Court or - Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º ºs tº ſº * ~ *---> 24 Stat. 555, and Act Aug. 13, 1888, c. 866, § 6, 25 Stat. 436. Chapter One—Judicial Districts . . sº º now sº † : ká *... 1875, $ C. 7, at. 470, as amended and corrected, and Sec- (R. S. $ 530–550. Repealed.) tions 1-4, 6 and 7 of Act Aug. 13, 1888, c. 866, 25 Stat. 433 The provisions of this chapter were incorporated in the were incorporated in the Judicial Code, and repealed by Judicial Code, chiefly in chapter 5 thereof (§§ 1051–1106), said section 297 thereof. Act May 17, 1898, c. 339, § 1, 30 and repealed by § 297 thereof (§ 1274). Stat. 416, was also incorporated in the Judicial Code (§ Ch T Di * > C §a * 25), º * º *. #: in- gº º CIU1Cieſl a.In OIl € a CLS a.ſ.l. a.I’tS Of 3,0tS SO €Cli1Ca. I’e- apter WO gº 1strict OurtS pealed by § Section 297 of †: Code. se: 2 *sū Organization act is now Ś 1579. R. S. 551–562. Repealed and trans- tº wº º ( ...; Q Chapter Eight—Circuit Courts— The provisions of this chapter were largely incorporated º in *Piº Code, ...” in chapter #ºe. (§§ 968– Sessions 990), and repealed by section 297 thereof (§ 1274). R. S. § (R. S. . §§ 658–672. Repealed.) 553 was repealed by Act. March 13, 1896, c. 52, 29 Stat. 55. The provisions of this chapter were largely incorporated R. S. § 561, is now $ 1408. All acts, and parts of acts au- in the Judicial Code, chiefly in chapters 1 and 5 thereof i horizing the appointment of district judges, enacted prior (§§ 968–990, 1051–1106), and repealed by § 297 thereof (§ to February 1, 1911, were also incorporated in the Judicial 1274). All acts prior to Feb. 11, 1911, were also incorporat- Code, and were repealed by said section 297. Chapter Three—District Courts— Jurisdiction (R. S. §§ 56.3—571. Repealed and trans- ferred.) wº The provisions of this chapter were largely incorporated in the Judicial Code, chiefly in chapter 2 thereof (§§ 991- 1009), and repealed by section 297 thereof (§ 1274). R. S. § 571, was repealed by Act Feb. 6, 1889, c. 113, § 5, 25 Stat. 656. R. S. §§ 565, 566, are now $$ 1583, 1667. $ Chapter Four—District Courts— r - Sessions (R. S. §§ 572–603. Repealed.) The provisions of this chapter were incorporated in the Judicial Code, chiefly in chapter 1 thereof (§§ 974–990), and repealed by § 297 of said Code (§ 1274). Chapter Five—Judicial Circuits (R. S. § 604. Repealed.) The provisions of this chapter were incorporated in the Judicial Code (§ 1106), and repealed by § 297 thereof (§ 1274). 4. Chapter Six—Circuit Courts—Organi- zation (R. S. §§ 605–628. Repealed and super- Seded.) - - The provisions of this chapter were largely incorporated in the Judicial Code, chiefly in chapters 1 and 6 thereof (§§ 968–990, 1107–1126), and repealed by § 297 thereof (§ 1274). R. S. § 628, was practically superseded by Act May 28, 1896, c. 252, § 20 (§ 1334). All, acts relating to circuit judges, enacted prior to Feb. 1, 1911, were also incorpo- rated in the Judicial Code, and repealed by § 297 thereof (§ 1274). Chapter Seven—Circuit Courts— Jurisdiction (R. S. §§ 629–657. Repealed and trans- ferred.) The provisions of this chapter were largely incorporated in the Judicial Code, chiefly in chapters 2 and 3 thereof (§§ 991-1021), and repealed by section 297 thereof (§ 1274). R. S. § 640 was repealed by Act March 3, 1887, c. 373, § 6, ed in the Judicial Code, and repealed by said $ 297. Chapter Nine—Supreme Court— Organization (R. S. §§ 673–683. Repealed.) The provisions of this chapter were incorporated in the Judicial Code, in chapter 10 thereof (§§ 1191-1232), and re- pealed by § 297 thereof (§ 1274). Chapter Ten—Supreme Court— *. Sessions (R. S. §§ 684–686. Repealed.) The provisions of this chapter were incorporated in the Judicial Code, in chapter 10 thereof (§§ 1190–1232), and re- pealed by § 297 thereof (§ 1274). - Chapter Eleven—Supreme Court— Jurisdiction (R. S. §§ 687–710. Repealed and trans- ferred.) The provisions of this chapter were largely incorporated in the Judicial Code, in chapter 10 thereof (§§ 1191-1232), and repealed by section 297 thereof. (§ 1274). R. S. § 691, was repealed by Act March 3, 1891, c. 517, § 14, 26 Stat. 829. R. S. §§ 698, 700, 701, are now $$ 1654, 1668, 1669. March 3, 1885, c. 355, 23 Stat. 443, was incorporated in the Judicial Code, and repealed by said $ 297. Act Feb. 9, 1893, c. 74, § 8, 27 Stat. 436, and Act March 3, 1897, c. 390, 29 Stat. 692, were incorporated, so far as in force, in said Judicial Code, and were superseded thereby, although they were not included among the acts and parts of acts Spe- cifically repealed by said $ 297. Chapter Twelve—Provisions Common to More Than One Court or Judge (R. S. §§ 711–750. Repealed and trans- ferred.) - - The provisions of this chapter were largely incorporated in the Judicial Code, chiefly in chapters 4 and 11 thereof (§§ 1022–1050, 1233-1251), and repealed by § 297 thereof (§ 1274). R. S. §§ 715, 721, 722, 724, 750, are now $$ 1338, 1538, 1542, 1469, 1604. Act Feb. 15, 1879, c. 81, 20 Stat. 292, was incorporated in said Judicial Code (§ 1232), and was superseded thereby. Sections 1–4, 6, and 7 of Act Aug. 13, 1888, c. 866, 25 Stat. 433, correcting enrollment of Act [Page 179] 2 1279 (Tit. 13 THE JUDICIARY [Page 180] March 3, 1887, c. 373, 24 Stat. 552, of which sections 2 and 3 related to management of property by and suits against receivers, and section 7, prohibited the appointment or employment in the courts of relatives of judges thereof, were incorporated in said Judicial Code, and were super- seded thereby. Act March 3, 1897, c. 395, 29 Stat. 695, was incorporated in said Judicial Code (§ 1030), and was su- perseded thereby. Chapter Thirteen—Habeas Corpus Sec. º - 1279. POWer of courts. 1280. Power of judges. 1281. When prisoner is in jail. 1282. Application for. 1283. Allowance and direction. 1284. Time of return. * 1285. Form. Of Teturn. 1286. Body to be produced. 1287. Day for hearing. 1288. Denial of return; counter allegations; 1289. Summary hearing; disposition of party. 1290. Cases involving law of nations. amendments. 1291. Appeals, how taken. 1292. Pºlis proceedings in certain cases; €a.I.S. 1293. Aºi to Supreme Court; § 1279. Power of courts—The Supreme Court and the [circuit and district Courts shall have power UO issue writs of habeas Corpus. (R. S. § 751.) The Circuit Courts were abolished, and their powers and duties transferred to the District Courts. See §§ 1266–1268. § 1280. Power of judges—The several justices and judges Of the said Courts, within their respec- tive jurisdictions, shall have power to grant Writs Of habeas corpus for the purpose of an inquiry into the Cause of restraint of liberty. (R. S. $ 752.) § 1281. When prisoner is in jail—The writ Of habeas corpus shall in no case extend to a prisoner in jail unless where he is in Custody under Or by Color of the authority of the United States, or is Committed for trial before Some Court thereof; Or is in custody for an act done or omitted in pursuance of a law of the United States, or of an Order, pro- Cess, Or decree of a Court Or judge thereof; or is in Custody in violation of the Constitution. Or Of a law or treaty of the United States; or, being a subject Or Citizen of a foreign State, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the Commission, or Order, or sanction of any foreign State, Or under Color thereof, the validity and effect whereof depend up- On the law Of nations ; Or unless it is necessary to bring the prisoner into Court to testify. (R. S. § 753.) § 1282. Application for—Application for Writ Of habeas Corpus shall be made to the COurt, Or justice, or judge authorized to issue the same, by COm- plaint in writing, signed by the person for whose re- lief it is intended, setting forth the facts Concerning the detention of the party restrained, in whose CuS- tody he is detained, and by virtue of what claim or authority, if known. The facts Set forth in the Com- plaint shall be verified by the oath of the person making the application. (R. S. § 754.) § 1283. Allowance and direction—The Court, Or justice, or judge to whom such application is made shall forthwith award a Writ Of habeas COrpus, un- less it appears from the petition itself that the party is not entitled thereto. The Writ shall be directed to the person in whose custody the party is detained. (R. S. § 755.) f § 1284. Time of return—Any person to whom Such Writ is directed Shall make due return thereof within three days thereafter, unless the party be detained beyond the distance Of twenty miles; and if beyond that distance and not beyond a distance Of a hundred miles, within ten days ; and if beyond the distance of a hundred miles, within twenty days. (R. S. $ 756.) § 1285. Form of return—The person to whom the writ is directed shall certify to the court, or justice, Or judge before Whom it is returnable the limitation of ap- certificate of probable cause. true cause of the detention of such party. (R. S. § 757.) § 1286. Body to be produced—The person mak- ing the return shall at the same time bring the body Of the party before the judge who granted the Writ. (R. S. § 758.) § 1287. Day for hearing—When the Writ is returned, a day Shall be Set for the hearing Of the Cause, not exceeding five days thereafter, unless the party petitioning requests a longer time. (R. S. § 759.) - § 1288. Denial of return; counter allega- tions; amendments—The petitioner or the party imprisoned or restrained may deny any of the facts Set forth in the return, or may allege any other facts that may be material in the Case. Said denialS Or allegations shall be under Oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained. (R. S. $ 760.) § 1289. Summary hearing; disposition of party—The Court, Or justice, or judge shall proceed in a Summary Way to determine the facts Of the Case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require. (R. S. $ 761.) § 1290. Cases involving law of nations—When a writ of habeas COrpus is issued in the Case Of any prisoner who, being a Subject or citizen of a foreign State and domiciled therein, is COmmitted, Or COn- fined, or in custody, by or under the authority Or law of any One of the United States, or process found- ed thereon, On a CCOunt Of any act dOne Or Omitted under an alleged right, title, authority, privilege, protection, or exemption, claimed under the commis- Sion or Order or sanction of any foreign state, Or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the Court, or jus- tice, or judge at the time Of granting said Writ, shall be served On the attorney-general Or other Officer prosecuting the pleas of Said State, and due proof of such service shall be made to the COurt, or justice, or judge before the hearing. (R. S. $ 762.) (R. S. §§ 763, 764. Superseded.) R. S. § 763, provided for appeals from final decisions on applications for habeas corpus to circuit courts, in certain cases. R. S. § 764, as amended, provided for appeals from circuit courts to Supreme Court in certain cases. The Ju- dicial Code (§§ 1266–1268) abolished the circuit courts and conferred and imposed their powers and duties, under any law not embraced within the Code, on the district courts. Section 238 of said Code (§ 1215), prescribed the cases in which appeals and writs of error might be taken from the district courts direct to the Supreme Court. Section 128 thereof (§ 1120), gave the circuit courts of appeals appel- late jurisdiction to review by appeal or Writ of error final decisions in the district courts, in all cases other than those in which appeals and Writs of error might be taken direct to the Supreme Court, as provided in said section 238, unless otherwise provided by law. These provisions of the Judicial Code seem to supersede and repeal by neces- . sary implication said R. S. §§ 763, 764. § 1291. Appeals, how taken—The appeals al- lowed by the two preceding sections shall be taken On such terms, and under Such regulations and Or- ders, as well for the custody and appearance of the person alleged to be in prison or confined or restrain- ed of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas Corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the Cause. (R. S. $ 765.) - § 1292. Pending proceedings in certain cases; limitation of appeals—Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned Or confined Ox restrained Of his liberty, in any State court, or by or under the au- thority of any State, for any matter so heard and Ch. 14) & 1295 THE JUDICIARY [Page 1811 determined, or in process of being heard and deter- mined, under Such writ of habeas corpus, shall be deemed null and Void. Provided, That no such appeal shall be had or al- IOWed after six months from the date of the judg- ment or Order complained of. (R. S. $ 766, amended, March 3, 1893, c. 226, 27 Stat. 751.) § 1293. Appeal to Supreme Court; certificate of probable cause—From a final decision by a court Of the United States in a proceeding in habeas cor- puS Where the detention, complained of is by virtue Of process issued out of a State court no appeal to the Supreme Court shall be allowed unless the United States Court by which the final decision was render- ed Or a justice of the Supreme Court shall be of Opinion that there exists probable cause for an ap- peal, in which event, on allowing the same, the said Court Or justice shall certify that there is probable Cause for such allowance. (March 10, 1908, c. 76, 35 Stat. 40.) Chapter Fourteen—District Attorneys, Marshals, Clerks, and Other Court see. Officers, and Commissioners 1294. District attorneys. 1295. Same; term and oath. 1296. Same; duties. 1297. Same; prosecution of frauds on revenue. 1298. Same; statement of suits for fines, penalties, and for- feitures. 1299. Same; returns to Solicitor of Treasury. 1300. Same; returns to Commissioner of Internal Revenue. 1301. Same; reports to Department of Justice. 1302. Marshals. 1303. Same; term. 1304. Same; deputies. 1305. Marshals and deputy marshals; oaths. 1806. Same; oaths, by what officers administered. Marshal’s bond. 1308. Same; suits; costs. 1309. Same; further security after judgment. 1310. Same; limitation of suit. Marshals; duties. 1312. Same; powers as sheriffs. 1312a. Same; payment of salaries of officers. 1313. Same; death; deputies to continue. 1314. Same; delivery of prisoners to successor. 1315. Same; delivery of unserved process to successors. 1316. Same; returns to Solicitor of Treasury. 1317. Same; returns to Auditor of Post-Office Department. 1318. District attorneys and marshals; vacancies; filled tem- porarily. 1319. Same; to serve until appointment and qualification of Sll CCéSSOI". - 1320. Same; Vacancies; temporary appointments. 1321. Clerks; oath. 1322. Same; bond. 1323. Same. 1324. Bonds of deputy clerks. 1325. Clerks; list of judgments, and report of moneys paid in internal revenue cases. Same; account of payments and moneys in court. Mºmus to compel returns and performance of du- 162S. 1328. Clerks; failure to perform duties; 1329. Same; misdemeanors; punishment. 1330. Clerks; oaths to persons in admiralty causes. 1331. Augmented bonds of clerks or marshals. 1332. Residence of clerks, marshals, and district attorneys. 1333. Commissioners; holding other office. 1334. Commissioners or receivers; eligibility. 1335. Commissioners; seals. 1836. Same; records in Criminal cases. 1337. Commissioners, clerks and deputy clerks may adminis- ter Oaths. 1338. Criers of courts and attendants on juries. 1339. Same; compensation. 1340. 1340a. Law books for judges transmitted to successors. PROVISIONS APPLICABLE TO PARTICULAR DISTRICTs removal from Office. ALABAM.A. 1341. District attorney and marshal for each district. CALIFORNIA. - 1342. Southern district; district attorney and marshal. COLORADO 1343. District judge, district attorney and marshal. 1344. , District attorney, marshal, clerk, and other officers. GEORGIA 1345. District attorney and marshal for each district. 1346. Same. Messenger for circuit court of appeals. * Sec. IDA HO 1347. District attorney and marshal. II.LINOIS 1348. Eastern district; district attorney and marshal. 1349. Same; district attorney, marshal, and other officers. Southern and eastern districts; district attorney, mar- shal, and other officers, District attorney and marshal for each district. Southern district; deputy clerks and deputy marshals. EENTUCIKY . 1353. Owensboro division; deputy marshal. Eastern district; district attorney and marshal. 1355. District attorney, marshal, and other officers for each district. LOUISIANA 1356. Western district; district attorney and marshal. NEW YORK Northern and western districts; district attorney, mar- shal, and other officers. NORTH DAEKOTA 1358. North Dakota, South Dakota, Montana, and Washing- ton; district attorneys and marshals. 1359. Same; fees and compensation. - OłCLAHOMA 1360. Eastern and western districts; district attorney and . marshal. PENNSYLVANIA. 1361. Middle district; district attorney, marshal, and clerks. Same; district attorney, marshal, and clerks; fees. SOUTH CAROLINA Eastern and western districts; district attorneys. Eastern and western districts; marshals. TEXAS 1363. Northern district; district attorney and marshal. 1364. Southern district; marshal. 1365. District attorney for eastern district. 1366. District attorney, marshal, and other officers in each district. • 1367. Southern district; 1362. 1362a. 1362b. district attorney and marshal. TJTAFI 1368. District attorney and marshal. 1369. District attorney, marshal, clerks, and other officers. WASPHINGTON district attorney and marshal. and other officers for each 1870. 1371. Eastern district; District attorney, marshal, district. * WEST VIRGINIA 1372. Northern district; district attorney, marshal, and other Officers. 1373. District attorney, marshal, and other officers in each district. WYO MING 1374. District attorney, marshal, and other officers. § 1294. District attorneys—There shall be ap- pointed in each district, except in the [middle district of Alabama, and the northern district of Georgia, and the] western district of South Carolina, a perSOn learned in the law, to act as attorney for the United States in such district. The district attorney of the [northern district Of Alabama shall perform the du- ties of district attorney Of the middle district Of said State; and the district attorney Of the southern district of Georgia shall perform the duties of dis- trict attorney Of the northern district of said State; and the district attorney Of the] eastern district Of South Carolina shall perform the duties of district attorney for the Western district of said State. (R. S. $ 767.) - - Text in brackets superseded by §§ 1341, 1345. Other pro- visions relating to district attorneys, see 1341-1374; assist- ant district attorneys, see § 1424; clerical assistance, see § 1427; special assistants, see §§ 538, 541 (R. S. § 768. Superseded.) This section provided that district attorney of district of Iowa, should perform duties of district attorney for all divisions of said district. It was Superseded by Act July 20, 1882, c. 312, 22 Stat. 172. See § 1351. § 1295. Same; term and oath—District attor- neys shall be appointed for a term of four years, and their commissions shall cease and eXpire at the expiration of four years from their respective dates. And every district attorney, before entering upon his Office, shall be sworn to a faithful execution thereof. (R. S. § 769.) 3 1296 (Tit. 13 THE JUDICHARY IPage 182] (R. S. $ 770. Superseded.) This section provided, for district attorney for southern district of New York, for all his services, a salary of $6,- 000 a year, and for district attorneys for other districts, salaries for extra Services. Superseded, except as to the compensation of the district attorney for the southern dis– trict of New York, by Act May 28, 1896, c. 252, §§ 6, 7 (§§ 1418, 1419). The provision relating to salary of district at- torney for southern district of New York was superseded by Act March 3, 1905, c. 1483, § 1 ($ 1436). § 1296. Same; duties—It shall be the duty of every district attorney to prosecute, in his district, all delinquents for crimes and offenses cognizable un- der the authority of the United States, and all civil actions in which the United States are COncerned, and, unless otherwise instructed by the Secretary of the Treasury, to appear in behalf of the defendants in all suits or proceedings pending in his district against collectors, or other officers of the revenue, for any act, done by them or for the recovery of any money exacted by Or paid to Such Officers, and by them paid into the Treasury. (R. S. $ 771.) § 1297. Same; prosecution of frauds on reve- nue—It shall be the duty of eyery district attorney to whom any collector of Customs, or of internal revenue, Shall report, according to law, any Case in which any fine, penalty, or forfeiture has been incurred in the district Of Such attorney for the Violation of any law of the United States relating to the revenue, to cause the proper proceedings to be commenced and prosecuted without delay, for the fines, penalties, and forfeitures in such case provided, unless, upon in- Quiry and examination, he shall decide that such pro- Ceedings cannot probably be Sustained, or that the ends Of public justice do not require that such pro- ceedings should be instituted; in which Case he shall report the facts in customs cases to the Secretary of the Treasury, and in internal-revenue cases to the Commissioner of Internal Revenue for their direction. And for the expenses incurred and services rendered in all such cases, the district attorney shall receive and be paid from the Treasury such sum as the Sec- retary of the Treasury shall deem just and reason- able, upon the certificate of the judge before whom such cases are tried or disposed of: Provided, That the annual compensation of Such district attorney shall not exceed the maximum amount prescribed by law, by reason of such allowance and payment. (R. S. § 838, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) § 1298. Same; statement of suits for fines, penalties, and forfeitures—Every district attorney shall, on instituting any suit for the recovery of any fine, penalty, or forfeiture, immediately transmit to the Solicitor Of the Treasury a Statement thereof. (R. S. § 772.) § 1299. Same; returns to Solicitor of Treas- tury—It shall be the duty Of the United States dis- trict attorneys to make and forward to the Solicitor Of the Treasury, for his information and the pur- poses of a permanent record, such reports relating to suits in which the United States is a party as may be required by the Solicitor of the Treasury with the approval of the Attorney-General. (R. S. § 773, amended, April 9, 1910, c. 152, 36 Stat. 294.) § 1300. Same; returns to Commissioner of Hinternal Revenue—When any suit or proceeding arising under the internal revenue laws, to which the United States are party, or any suit or proceed- ing against a collector or other officer of the internal revenue, wherein a district attorney appears, is com- menced, the attorney for the district in which it is’ brought shall immediately report to the Commission- er of Internal Revenue the full particulars relating to the same; and he shall, immediately after the end Of each term Of the COurt in Which Such Suit Or proceeding is pending, forward to the said Commis- sioner a full and particular statement of its condi- tion. (R. S. § 774.) + § 1301. Same; reports to Department of Jus- tice—Each district attorney shall, immediately after the end of every term in which any suit for moneys due On account of the Post-Office Department has been pending in his district, forward to the Depart- ment Of Justice a statement of any judgment or or- der made, or step taken in the same, during such term, accompanied by a certificate of the clerk, show- ing the parties to and amount of every such judg- ment, With Such other information as the Department Of Justice may require. And the said attorney shall direct Speedy and effectual execution upon said judg- ment, and the United States marshal to whom the Same is directed shall make returns of the proceed- ings thereon to the Department of Justice, at such times as it may direct. (R. S. § 775.) § 1302. Marshals—A marshal shall be appointed in each district, except in the [middle district of Alabama, and the northern district of Georgia, and the] Western district of South Carolina. [The mar- Shal Of the Southern district of Alabama shall perform the duties of marshal of the middle district of said State, and shall keep an office at Montgomery, in Said middle district. The marshal of the southern district of Georgia shall perform the duties of mar- Shal of the northern district of said State.] The mar- Shal of the eastern district of South Carolina shall perform the duties of marshal of the western district of said State. (R. S. § 776.) Text in brackets superseded by §§ 1341, 1345. Other pro- Visions relating to marshals, deputies, etc., see §§ 1053, 1083, 1115, 1195, 1341-1374. (R. S. $ 777. Superseded.) This section related to performance by marshal of south- ern district of Georgia of duties of marshal in northern district. It was superseded by § 1345. (R. S. § 778. Superseded.) This section provided that marshal of district of Iowa. should perform duties of marshal for all divisions of Said district. It was superseded by Act July 20, 1882, c. 312, 22 Stat. .172. See § 1351. § 1303. Same; term—Marshals shall be appoint- ed for a term of four years. (R. S. $ 779.) § 1304. Same; deputies—Every marshal may ap- point One or more deputies, who shall be removable from office by the judge of the district court, [or by the circuit court for the district, at [the] pleasure [of either]. (R. S. § 780.) Text in brackets superseded by §§ 1266–1268. Other pro- visions relating to deputy marshals, see §§ 1058, 1064, 1067, 1070b, 1070d, 1071-1073, 1076, 1077, 1082, 1083, 1089, 1090, 1094,. 1105, 1106, 1422, 1423. (R. S. § 781. Superseded.) This section provided for compensation by salaries to marshals for extra services. Superseded by Act May 28, 1896, c. 252, §§ 6, 9 (§§ 1418, 1421). § 1305. Marshals and deputy marshals; oaths —Every marshal and deputy marshal shall, before he enters upon the duties of his appointment, take, before the district judge of the district, an Oath Or affirmation in the following form: “I, A. B., do Sol- emnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the marshal of the district Of , under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties. Of the office of marshal (Or marshal’s dep- uty, as the case may be) of the district of 9 during my continuance in said office, and take Only my lawful fees. So help me God.” The Words “SO help me God” shall be omitted in all cases where an affirmation, is admitted instead Of an Oath. (R. S. § 782.) § 1306. Same; oaths; by what officers ad- ministered—The Oath Or Oaths required to be taken by marshals and deputy marshals before entering upon the duties of their respective offices may be administered by any officer of the United States or of any State authorized by law to administer oaths. (Dec. 22, 1896, c. 3, 29 Stat. 481.) § 1307. Marshal’s boſſad—Every marshal, be- fore he enters on the duties of his office, shall give bond before the district judge of the district, jointly and severally with two good and sufficient Sureties, Ch. 14) & 1319 THE JUDICIARY IPage 1831 inhabitants and freeholders of such district, to be approved by Said judge, in the sum of twenty thou- sand dollars, for the faithful performance of Said duties by himself and his deputies. Said bond shall be filed and recorded in the office of the clerk of the district Court [or circuit court] sitting within the district, and copies thereof, certified by the clerk, under the seal of the said Court, shall be competent evidence in any court of justice. (R. S. § 783.) Text in brackets superseded by §§ 1266–1268. * • § 1308. Same; suits; costs—In case of a breach Of the Condition of a marshal's bond, any person thereby injured may institute in his own name and for his sole use a suit on said bond, and thereupon recoVer Such damages as shall be legally assessed, With Costs of suit, for which execution may issue for him in due form. If such party fails to recover in the Suit, judgment shall be rendered and execution may issue against him for costs in favor of the de- fendant; and the United States shall in no case be liable for the same. (R. S. § 784.) - § 1309. Same; further security after judg- ment—The said bond shall remain, after any judg- Iment rendered thereon, as a security for the benefit Of any person injured by breach of the condition of the Same, until the whole penalty has been recov- ered ; and the proceedings shall always be as direct- ed in the preceding section. (R. S. § 785.) § 1310. Same; limitation of suit—No suit on a marshal’s bond shall be maintained unless it is Commenced within six years after the right of action accrues, saving, nevertheless, the rights of infants, married Women, and insane persons, so that they sue within three years after their disabilities are remov- ed. (R. S. § 786.) - § 1311. Marshals; duties—It shall be the duty Of the Imarshal of each district to attend the district [and Circuit] Courts when sitting therein, and to exe- cute, throughout the district, all lawful precepts di- rected to him, and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty. (R. S. § 787.) - - Text in brackets superseded by §§ 1266–1268. § 1312. Samae; powers as sheriffs—The mar- Shals and their deputies shall have, in each State, the Same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in executing the laws thereof. (R. S. § 788.) - - § 1312a. Same; payment of salaries of offi- cers—From and after October first, nineteen hundred and fourteen, it shall be the duty of the United States marshals to pay, under regulations prescribed by the Attorney General, the salaries of all judges of the United States courts, except the justices of the Su- preme Court of the United States, the salaries of judg- es retired under section seven hundred and fourteen of the Revised Statutes, and the judges, officials and em- ployees of all courts whose sessions are held in the District of Columbia, whose salaries shall be paid through the disbursing officer of the Department of Justice as hitherto provided, United States district attorneys, their regular assistants, clerks, and mes- Sengers, and United States marshals and their depu- ties: Provided, That every United States marshal Operating, under a bond executed prior to the passage Of this Act shall give bond effective thereafter for the faithful performance of the duties of his office, includ- ing the payment of the salaries above mentioned. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 653.) § 1313. Same; death; deputies to continue— In case of the death of any marshal, his deputy or deputies Shall continue in office, unless otherwise Specially removed, and shall execute the same in the name of the deceased, until another marshal is ap- pointed, as provided in this chapter, and duly quali- fied. The defaults or misfeasances in office of such deputies in the mean time shall be adjudged a breach Of the Condition of the bond given by the marshal Who appointed them; and the executor or administra- tor Of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputies, during Such interval, as he would be entitled to if the marshal had continued in life and in the exercise of his said Office until his successor was ap- pointed and duly qualified. (R. S. § 789.) § 1314. Same; delivery of prisoners to suic- cessor-Every marshal [or his deputy], when removed from Office, Or When the term for which the marshal is appointed expires, shall [have power, notwithstand- ing, to execute all such precepts as may be in their hands respectively at the time of such removal or expiration Of Office; and the marshal shall] be held responsible for the delivery to his successor of all prisoners Who may be in his custody at the time Of his removal, or When the term for which he is appointed eXpires; and for that purpose he may retain such prisoners in his Custody until his successor is ap- pointed and duly qualified. (R. S. § 790.) Text in brackets superseded by § 1315. § 1315. Same; delivery of unserved process to successors—Hereafter all unserved process re- maining in the hands of a United States marshal or his deputies, when the marshal Ceases to be such, shall be immediately delivered to the succeeding marshal upon request; and When a deputy United States mar- Shal resigns Or is removed he shall, upon request, de- liver to the United States marshal for the district all process remaining in his hands. (March 3, 1899, c. 427, § 1, 30 Stat. 1237.) § 1316. Same; returns to Solicitor of Treas- ury—Every marshal shall, within thirty days before the Commencement of each term of the [circuit and district Courts in his district, make returns to the Solicitor of the Treasury of the proceedings had upon all Writs of execution, or other process which have been placed in his hands, for the collection of mon- eys adjudged and decreed to the United States in the said courts, respectively. (R. S. § 791.) Text in brackets superseded by §§ 1266–1268. § 1317. Saxme; returns to Auditor of Post-Of- fice Department—Every marshal to whom any execu- tion upon a judgment in any suit for moneys due On account of the Post-Office Department has been direct- ed, shall make returns to the Sixth Auditor, at Such times as he may direct, Of the proceedings which have taken place upon the said process of execution. (R. S. § 792.) : § 1318. District attorneys and marshals; va- cancies; fillied temporarily—In Case Of a vacancy in the Office of the district attorney Or marshal with- in any circuit, the circuit justice of such circuit may fill the same, and the person appointed by him shall serve until an appointment is made by the President, and the appointee is duly qualified, and no longer. The appointment made by such justice shall be in writing, which shall be filed in the clerk’s office of the circuit court, and a copy thereof shall be entered upon the journal of said court. Any marshal so ap- pointed shall give bond, as if appointed by the Presi- dent, and the bond shall be approved by said jus- tice. It shall then be filed in the Clerk’s Office of said Court, and a COpy shall be entered On the journal Of the Court. A certified copy of such entry shall be prima-facie proof of the execution of such bond, and Of the Contents thereof. (R. S. § 793.) § 1319. §ame; to serve until appointment and qualification of successor—The attorneys and mar- shals of the United States, including the District of Columbia and the Territories, shall continue to dis- charge the duties of their respective offices, unless Sooner removed by the President, until their Succes. sors shall be appointed and qualify in their stead, But they shall be appointed and commissioned for the term of four years as now provided by law. (June 24, 1898, c. 495, § 1, 30 Stat. 487.) 3 1820 (Tit. 13 THE JUDICIARY IPage 1841 § 1320. Same; vacancies; temporary appoint- ments-In case of a vacancy in either of said offices, the district court of the United States for the dis- trict where such vacancy exists, the supreme court Of the Territory, and the Supreme court of the Dis- trict of Columbia may appoint persons to exercise the duties of Such offices within their respective juris- dictions, until such vacancy shall be filled. (June 24, 1898, c. 495, § 2, 30 Stat. 487.) $ 1321. Clerks; oath—The clerk of the Supreme Court, and every clerk and deputy clerk of a [circuit or] district Court, shall, before he enters upon the execution Of his Office, take an oath or affirmation in the follow- ing form: “I, A B, being appointed a clerk of — y do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God.” The words “so help me God” shall be Omitted in all Cases where an affirmation is admitted instead of , an oath. (R. S. § 794.) Text in brackets superseded by §§ 1266–1268. § 1322. Saxne; bornd—The clerk of every Court shall give bond, in a sum to be fixed and with Sure- ties to be approved by the COurt which appoints him, faithfully to discharge the duties of his office, and Seasonably to record the decrees, judgments, and de- terminations Of the Court of which he is clerk; and a new bond may be required whenever the COurt deems it proper that such bond should be given. A copy of every bond given by a clerk shall be entered on the journal of the court for which he is appointed, and the bond shall be deposited for Safe-keeping as the court may direct. A certified copy of such entry shall be prima-facie proof of the execution of such bond and Of the contents thereof. (R. S. § 795.) § 1323. Same—The clerks of the [Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution. Of his Of- fice, give bond, with sufficient sureties, to be approv- ed by the court for which he is appointed, to the United States, in the sum of not less than five, and not more than twenty thousand dollars, to be deter- mined and regulated by the Attorney-General Of the United States, faithfully to discharge the duties of his Office, and seasonably to record the decrees, judg- ments, and determinations Of the Court Of which he is Clerk ; And it shall be the duty Of the district attor- neys Of the United States, upon requirement by the Attorney General, to give thirty days notice of mo- tion in their several Courts that new bonds, in a C- Cordance With the terms of this act, are required to be executed; and upon failure of any Clerk to execute such new bonds, his office shall be deemed vacant. The Attorney General may at any time, upon like no- tice through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limit Of the amount above Specified ; and the failure of the clerk to execute the same shall in like manner vacate his office. All bonds given by the Clerks shall, after approval, be reCOrded in their respective offices, and copies thereof from the rec- Ords, Certified by the Clerks respectively, under Seal of court, shall be competent evidence in any court. The Original bonds shall be filed in the Department of Justice. (Feb. 22, 1875, c. 95, § 3, 18 Stat. 333.) Text in brackets superseded by §§ 1195, 1266–1268. § 1324. Bonds of deputy clerks—Any [circuit Or] district Court may require any deputy clerk there- of to give bond to the United States for the faithful discharge of his duty as such deputy, in the same penalty, and with surety in the Same manner, as is required by law of clerks; and Such bond shall be recorded and preserved in like manner. But the tak- ing of such bond shall not affect the legal responsibili- ty of the clerk for the acts of such deputy. (R. S. § 796.) - Text in brackets superseded by §§ 1266–1268. § 1325. Clerks; list of judgments, and report of moneys paid in internal revenue cases—Every clerk of a [circuit or] district Court shall, within thirty days after the adjournment of each term thereof, for- Ward to the Solicitor of the Treasury a list of all judgments and decrees, to which the United States are parties, Which have been entered in said Court, respectively, during such term, Showing the amount adjudged, or decreed, in each case, for or against the United States, and the term to which execution there- On Will be returnable. He shall also, at the close of each quarter or within ten days thereafter, report to the Commissioner of Internal Revenue all moneys paid into court on ac- COunt Of Cases arising under the internal-revenue laws, as well as all moneys paid on suits on bonds of col- lectOrS of internal revenue. The report shall show the name and nature of each case, the date of pay- ment into Court, the amount paid on account of debt, tax, Or penalty, and also the amount on account of COSts. If such money, or any portion thereof, has been paid by the clerk to any internal-revenue officer Or Other person, the report shall show to whom each of such payments was made; and if to an internal- revenue officer, it shall be accompanied by the re- ceipt of such officer. (R. S. § 797, amended, March 1, 1879, c. 125, § 2, 20 Stat. 327.) . - Text in brackets superseded by §§ 1266–1268. § 1326. Same; account of payments and mon- eys in court—At each regular session of any court of the United States, the clerk shall present to the Court an account of all moneys remaining therein, Or Subject to its order, stating in detail in what caus- es they are deposited, and in what causes payments have been made; and said account and the vouchers thereof Shall be filed in the court. (R. S. § 798.) § 1327. Mandamus to compel returns and per- formance of duties—The [circuit courts] of the Unit- ed States, for the purposes of this act, shall have pow- er to award the Writ of mandamus, according to the COUIrSe Of the Common law, upon motion of the Attor- ney-General or the district attorney of the United States, to any officer thereof, to compel him to make the returns and perform the duties in this act re- quired. (Feb. 22, 1875, c. 95, § 4, 18 Stat. 333.) Text in brackets superseded by §§ 1266-1268. § 1328. Clerks; failure to perform duties; removal from office—If any clerk of any district [or circuit] court of the United States shall willfully re- fuse or neglect to make any report, certificate, state- ment, or other document required by law to be by him made, or shall willfully refuse or neglect to forward any Such report, Certificate, statement, or document to the department, officer, or person to whom, by law, the same should be forwarded, the President of the Unit- ed States is empowered, and it is hereby made his duty, in every Such Case, to remove Such clerk SO Of- fending from office by an order in writing for that pur- pose. And upon the presentation of such Order, or a copy thereof, authenticated by the Attorney-General of the United States, to the judge of the court where- of such offender is clerk, such clerk shall thereupon be deemed to be out of Office, and shall not exercise the functions thereof. And such district judgeſ, in the Case of the clerk of a district Court, shall appoint a successorſ; and in the case of the clerk of a circuit court, the circuit judge shall appoint a successor]. And such person so removed Shall not be eligible to any appointment as clerk or deputy clerk for the pe- riod of two years next after such removal. (Feb. 22, 1875, c. 95, § 5, 18 Stat. 334.) Text in brackets superseded by §§ 1266–1268. § 1329. Same; misdemeanors; punishment—If any clerk mentioned in the preceding Section shall willfully refuse or neglect to make or to forward any such report, certificate, statement, or document there- Ch. 14) 3 1341 THE JUDICIARY [Page 1851 & in mentioned, he shall be deemed guilty of a misde- meanor, and shall be punished by a fine not exceed- ing one thousand dollars, or by imprisonment not exceeding one year, in the discretion of the Court; but a COnviction under this Section Shall not be neces- sary as a condition precedent to the removal from of— fice provided for in this act. (Feb. 22, 1875, c. 95, § 6, 18 Stat. 334.) § 1330. Clérks; oaths to persons in admiralty causes—The clerks of the district [and circuit] courts may, in the absence or in case of the disability Of the judges, administer Oaths to all persons identifying papers found on board of Vessels or elsewhere, to be used on trials in admiralty causes. (R. S. § 799.) Text in brackets superseded by §§ 1266–1268. § 1331. Augmented bonds of clerks or mar- shals—Whenever the business of the courts in any ju- dicial district shall make it necessary, in the Opinion of the Attorney General, for the clerk or marshal to furnish greater security than the official bond now re- quired by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof. (Feb. 22, 1875, c. 95, § 2, 18 Stat. 333.) § 1332. Residence of clerks, marshals, and district attorneys—Every clerk of the [circuit Orl district court of the United States, United States mar- shal, or United States district attorney, shall reside permanently in the district where his Official duties are to be performed, and shall give his personal attention thereto; and in case, any such officer shall remove from his district, Ör shall fail to give personal atten- tion to the duties of his Office, except in case of Sick- Iness, such office shall be deemed Vacant : Provided, That in the Southern district of New York said officers may reside within twenty miles of their districts. (June 20, 1874, c. 328, § 2, 18 Stat. 109.) Text in brackets superseded by §§ 1266–1268. r § 1333. Commissioners; holding other office— It shall be the duty of the district court of each ju- dicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be designated by the dis- trict court, which United States commissioners shall have the same powers and perform the same duties aS are now imposed upon Commissioners Of the Cir- Cuit Courts. The appointment of such United States COmmissioners shall be entered of record in the dis- trict courts, and notice thereof at once given by the clerk to the Attorney General. That such United States commissioners shall hold their offices, respec- tively, for the term of four years, but they shall be at any time subject to removal by the district court; and no person shall at any time be a clerk or deputy Clerk of a United States court and a United States Commissioner without the approval of the Attorney General: Provided, that all acts and parts of acts applicable to commissioners of the circuit courts, ex- Cept as to appointment and fees, shall be applicable to United States Commissioners appointed under this Act. (May 28, 1896, c. 252, § 19, 29 Stat. 184, amended, March 2, 1901, c. 814, 31 Stat. 956.) t § 1334. Commissioners or receivers; eligibil- ity—No marshal or deputy marshal, attorney or as- Sistant attorney of any district, jury Commissioner, clerk of marshal, no bailiff, crier, juror, janitor of any Government building, nor any civil or military employee of the Government, except as in this Act provided, and no clerk or employee of any United States justice or judge shall have, hold, or exercise the duties of the United States Commissioner. And it Shall not be lawful to appoint any of the officers named in this section receiver, or receivers in any case or Cases now pending or that may be hereafter brought in the courts of the United States. (May 28, 1896, c. 252, § 20, 29 Stat. 184.) Other provisions relating to commissioners, see §§ 1070d, 1334, 1336, 1422-1431, 1451, 3566, 3573-3575, 3785, and Title XXXII B. § 1335. Commissioners; seals—Each United States commissioner shall provide himself With an Official impression seal, to be prescribed by the Attor- ney-General, which said seal shall be affixed to each jurat or certificate of the official acts of said com- missioner, but no increase of fees shall be allowed by reason thereof. (June 28, 1906, c. 3573, 34 Stat. 546.) § 1336. Same; records in criminal eases—Such Commissioners shall keep a complete record of all pro- Ceedings before them in criminal cases, in a well- bound book, which record book shall be delivered to and preserved by the clerk Of the district Court for Such district on the death, resignation, removal, or expiration of term of the commissioner, for which record the commissioner shall receive no compensa- tion. (May 28, 1896, c. 252, § 21, 29 Stat. 185.) § 1337. Conimissioners, clerks and deputy clerks may administer oaths—United States com- missioners and all clerks and all deputy clerks of United States courts are hereby authorized to admin. ister oaths. (May 28, 1896, c. 252, § 19, 29 Stat. 184, amended, March 2, 1901, c. 814, § 1, 31 Stat. 956.) § 1338. Criers of courts and attendants on juries—The [circuit and] district courts may appoint Criers for their courts, to be allowed the sum of two dollars per day; and the marshals may appoint such a number of persons, not exceeding five, as the judges of their respective courts may determine, to attend upon the grand and other juries, and for other neces- Sary purposes, Who Shall be allowed for their Services the Sum of two dollars per day, to be paid by and in- cluded in the accounts of the marshal, out of any money Of the United States in his hands. Such com- pensation shall be paid only for actual attendance[, and, When both Courts are in session at the same time, only for attendance on one court]. (R. S. § 715.) Text in brackets superseded by §§ 1266–1268. § 1339. Same; compensation—On and after the passage of this Act the per diem pay of all persons employed in any court of the United States under sec- tion seven hundred and fifteen Of the Revised Stat- utes, now fixed by law at two dollars a day, shall be three dollars a day. (March 3, 1905, c. 1487, 33 Stat. 1259.) § 1340. Messenger for circuit court of appeals —For a messenger of the United States circuit Court Of appeals for the eighth judicial circuit, who shall also perform, the duties of librarian and Crier of Said COUlrt, the Sum Of two thousand dollars as yearly Com- pensation ; said messenger shall also receive his neces- Sary traveling and other expenses when said court Shall hold a term at any other place than that of his residence, not to exceed, however, five dollars per day, and Said messenger shall be appointed by the judges of said circuit court of appeals to serve dur- ing the pleasure of the court. (May 28, 1896, c. 252, § 1, 29 Stat. 177.) Current appropriation for messenger ($3,000). March 3, 1917, c. 163, § 1, 39 Stat. 1119. § 1340a. Law books for judges ‘transmitted to successors—Books for judicial officers: For pur- chase and rebinding of law books, including the ex- Change thereof, for United States judges, district at- torneys, and other judicial officers, including the nine libraries of the United States circuit Courts Of ap- peals, to be expended under the direction of the At- torney General: Provided, That such books shall in all Cases be transmitted to their successors in Office; all books purchased thereunder to be plainly marked, “The property of the United States.” (May 10, 1916, c. 117, § 1, 39 Stat. 119.) PROVISIONS APPLICABLE TO PARTICULAR - DISTRICTS ALABAM.A. § 1341. District attorney and marshal for each district—In each of the three judicial districts of the State of Alabama there shall be a district at- See Act 3 1342 (Tit. 13 TEIE JUDICIARY b IPage 1861 torney and a marshal. Stat. 745.) - - CALIFORNIA. § 1342. Southern district; district attorney and marshal—There shall also be appointed a mar- shal and attorney of the United States for Said SOUth- ern district of California, who shall respectively, re- ceive such fees and compensation and exercise Such powers and duties as are now fixed and enjoined by law. (Aug. 5, 1886, c. 928, § 7, 24 Stat. 309.) COLORADO § 1343. marshal—When the State of Colorado shall be ad- mitted into the Union, according to the provisions Of the act entitled “An act to enable the people of Colora- do to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States,” approved March third, eighteen hundred and seventy-five, the laws Of the United States not locally inapplicable shall have the same force and effect within the Said State as elsewhere within the United States; and said State shall constitute one judicial district, to be called the district of Colorado; and for said dis- trict a district judge and a marshal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided. (June 26, 1876, c. 147, § 1, 19 Stat. 61.) - - § 1344. District attorney, marshal, clerk, and other officers—The marshal, district attorney, and the clerk of the circuit and district courts of said dis- trict of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and per- form the duties lawfully possessed and required to be performed by similar Officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing simi- lar duties by the laws of the United States, excepting Such provisions thereof as are specially applicable to some particular officer or district. (June 26, 1876, c. 147, § 4, 19 Stat. 62.) * - GEORGIA. - § 1345. District attorney and marshal for each district—Hereafter there shall be for each Of the two judicial districts in the State of Georgia a judge, district attorney, marshal and clerk to be ap- pointed, commissioned, and removed as provided by law for other such officers. (April 25, 1882, c. 87, § 1, 22 Stat. 47.) - § 1346. Same—And the President of the United States, by and with the advice and consent of the Senate, shall appoint a district attorney and marshal of said southern district, and when the term of the present district attorney and marshal hereby assign- ed to the northern district shall expire the President Of the United States, by and with the advice and con- sent of the Senate, shall appoint a district attorney and marshal for said northern district, with the same powers and duties as in other cases, and with the Same compensation and emoluments as are provided for the district attorney and marshal by existing laws for Said districts. 47.) IDAELO § 1347. District attorney and marshal—The - Said State shall constitute a judicial district, the name thereof to be the same as the name of the State; *. * There shall be appointed for said district one district judge, one United States attorney, and one United States marshal. * * The marshal, district attorney, and clerks of the circuit and district courts of said district, and all other officers and persons per- (March 3, 1893, c. 220, 27 District judge, district attorney and (April 25, 1882, c. 87, § 3, 22 Stat. forming duties in the administration of justice there- in, shall severally possess the powers and perform the duties lawfully possessed and required to be per- formed by similar officers in other districts of the United States; and shall, for the services they may perform, receive the fees and compensation allowed by law to other similar officers and persons performing similar duties in the State of Oregon. (July 3, 1890, c. 656, § 16, 26 Stat. 217.) - ILLINOIS - § 1348. Eastern district; district attorney and marshal—The President, by and with the advice and consent of the Senate, shall appoint for said eastern district of Illinois a district judge, a marshal, and a district attorney, except where any such officer . is retained as hereinafter provided. (March 3, 1905, c. 1427, , § 13, 33 Stat. 995.) - § 1349. Same; district attorney, marshal, and other officers—The marshal, district attorney, and clerks of the circuit and district courts shall sever- ally possess the powers and perform the duties in said eastern district lawfully possessed and per- formed by the like officers in the said southern dis- trict Of Illinois and shall be respectively entitled to like fees, compensation, and emoluments. (March 3, 1905, c. 1427, § 15, 33 Stat. 995.). . . . . . § 1350. Southern and eastern districts; dis- trict attorney, marshal, and other officers—All officers not residing in said southern district of Illi- nois, as constituted by this Act, shall cease to be officers Of Said Southern district when their Succes- sors, respectively, for said southérn district of Illi- nois, as hereby constituted, are duly appointed and qualified. The office of marshal and district attorney in each Of Said SOUthern and eastern districts Of Il- linois, deputy marshals and assistant district attor- neys, and all other officers authorized by law and made necessary by the creation of said eastern dis- trict of Illinois and the provisions of this Act, and all vacancies Created in either of said districts shall be filled in the manner now provided by law for the appointment of said officers respectively, in the South- ern district of Illinois as the same has heretofore ex- isted. The salaries, pay, fees, and allowances of all Officers Of the eastern district Of Illinois Shall be the same as heretofore allowed, respectively, for the same officers in the Southern district of Illinois as hereto- fore constituted. (March 3, 1905, c. 1427, § 19, 33 Stat. 996.) IOWA § 1351. District attorney and marshal for each district—The district attorney and United States marshal for the district of Iowa Shall be the district attorney and marshal of the Southern dis- trict of Iowa, and the President of the United States, by and with the advice and Consent of the Senate, is authorized and directed to appoint one person as mar- shal and one as district attorney for the northern dis- trict of Iowa. (July 20, 1882, c. 512, § 3, 22 Stat. 172.) § 1352. Southerm district; deputy clerks and deputy marshals--The clerk of the circuit and dis- trict courts for said southern district and the marshal of said district shall each appoint a deputy, who shall reside and maintain an office at Creston, in Union County: Provided, That the appointment of such dep- uty shall be approved by the court for which they shall be respectively appointed, and they may be removed by Such Court at pleasure; and the Clerk and marshal shall be responsible for the Official acts and neglects of all their deputies. (June 1, 1900, c. 601, § 4, 31 Stat. 250.) - º JKENTUCKY - § 1353. Owensboro division; deputy marshal —The marshal of said district shall, by himself or deputy, attend upon the terms of the court in said division; and he may appoint a deputy to reside at OWensborough (and shall do So if Ordered by the Court), who shall discharge all the duties of marshal, Ch. 14) 3 1362a TEIE JUDICIARY [Page 1871 and the marshal may require a bond of indemnity to himself with, surety for the faithful discharge of his duties and for indemnity in Case of breach, On which actions may be maintained in said district Court. (Aug. 8, 1888, c. 792, § 4, 25 Stat. 390.) " § 1354. Eastern district; district (attorney and marshal—The President of the United States, by and With the advice and COnsent Of the Senate, shall appoint a marshal and district attorney for the said eastern judicial district Of Kentucky as hereby Constituted, who shall, within their respective juris- dictions, possess and exercise all the powers confer- red by existing law upon the marshals and district attorneys Of the United States, respectively. (Feb. 12, 1901, c. 355, § 5, 31 Stat. 782.) - § 1355. District attorney, marshal, and oth- er officers for each district—The Office Of marshal and district attorney in each of Said districts, deputy marshals and assistant district attorneys, and all Other Officers authorized by law and made necessary by the creation of said two districts and the provi- sions of this Act, and all vacancies created thereby in either of said districts as constituted by this Act, shall be filled in the manner provided by existing law. . The salaries, pay, fees, and allowances of the judges, district attorneys, marshals, clerks, and Other officers in said districts, until changed under the pro- visions of existing law, shall be the same, respectively, as now fixed by law for such Officers in the judicial district of Kentucky as heretofore constituted. (Feb. 12, 1901, c. 355, § 7, 31 Stat. 782.) LOUISIANA § 1356. Western district; district attorney and marshal—The President of the United States, by and with the advice and consent of the Senate, be, and hereby is, authorized to appoint One person as marshal and one as district attorney for the said western district of the United States within the State Of Louisiana. Created by this act; and that the terms of appointment and service together with the duties and responsibilities of the said marshal and district attorney, respectively, for the district aforesaid shall be in all respects the same within their said district as the terms of appointment and services, the duties, and responsibilities of the marshal and district at- torney, respectively, of the eastern district of the State of Louisiana. (March 3, 1881, c. 144, § 7, 21 Stat. 507.) - * - NEW YORK § 1357. Northern and western districts; dis- trict attorney, marshal, and other offiears—All Other Officers who have been heretofore appointed for the northern district of New York as heretofore con- stituted who shall be in office at the time of the taking effect of this Act and who reside therein as hereby constituted shall continue in Office as Officers Of the district of their residence until the expiration Of their respective terms, or until their successors are appointed and qualified, and shall perform the Same duties and receive the same Salary and Com- pensation as heretofore. - All officers not residing in said northern district as hereby constituted shall cease to be Officers of Said northern district when their successors, respec- tively, for the northern district as hereby constituted are duly appointed and qualified. The office of mar- shal and district attorney in each of said districts, deputy marshals and assistant district attorneys, and all other officers authorized by law and made neces- Sary by the Creation of said Western district and the provisions Of this Act, and all vacancies created there- by in either of said districts, shall be filled in the manner provided by existing law. The Salaries, pay, fees, and allowances of the judges, district attorneys, marshals, and other officers in said districts, until Changed under the provisions of existing law, shall be the same, respectively, as now fixed for such officers in the northern district of New York. (May 12, 1900, c. 391, § 9, 31 Stat. 176.) NoFTH DAKOTA § 1358. North Dakota, South Dakota, Mon- tana, and Washington; district attorney's and Imarshals—Each of said States shall constitute One judicial district, the names thereof to be the same as the names of the States, respectively; * * There shall be appointed for each of said districts One dis- trict judge, One United States attorney, and One United States marshal. * * The marshal, district attorney, and clerks of the circuit and district courts Of each of Said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and re- quired to be performed by similar Officers in other districts of the United States; and shall, for the serv- ices they may perform, receive the fees and Com- pensation allowed by law to Other similar Officers and persons performing similar duties in the State of Nebraska. (Feb. 22, 1889, c. 180, § 21, 25 Stat. 682.) § 1359. Same; fees and compensation—The marshal, district attorney, and clerks of the Circuit and district courts of Said district, and all other offi- cers and persons performing duties in the adminis- tration of justice therein, shall, for the services they may perform, receive the fees and compensation al- lowed by law to other similar officers and persons performing similar duties in the State of Oregon. (Feb. 4, 1895, c. 55, § 2, 28 Stat. 642.) O'KLAEIOMA. § 1360. Eastern and western districts; dis- trict attorney and marshal–Said State when admitted as aforesaid shall constitute two judicial districts, to be known as the eastern district Of Okla- homa and the western district of Oklahoma; * * There shall be appointed for each of said districts One district judge, one United States attorney, and one United States marshal. * * The marshal, dis- trict attorney, and Clerk of each of the circuit and dis- trict Courts Of Said districts, and all other Officers and perSOns performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully required to be per- formed by similar Officers in Other districts Of the |United States, and shall, for the services they may perform, receive the fees and compensation now al- lowed by law to officers performing similar services for the United States in Other districts of the United States. (June 16, 1906, c. 3335, § 13, 34 Stat. 275.) - PENNSYLVANIA § 1361. Middle district; district attorney, marshal, and eierks—The President, by and with the advice and Consent of the Senate, shall appoint for Said middle district a district judge, a marshal, and district attorney; and clerks for the said Circuit and district Courts shall be appointed in the same man- ner as is now provided by law with regard to such Officers in the western district of Pennsylvania. (March 2, 1901, c. 801, § 3, 31 Stat. 881.) § 1362. Same; district attorney, marshal, and clerks; fees—The district judge of the said middle district shall receive the same compensation as is now by law provided for the district judge of the Western district Of Pennsylvania; and the mar- shal, district attorney, and Clerks Of the circuit and district courts shall severally possess the powers and perform the duties lawfully possessed and performed by the like officers in the said western district, and shall be, respectively, entitled to like fees, compensa- tion, and emoluments. (March 2, 1901, c. 801, § 5, 31 Stat. 881.) SOUTEI CAROLINA § 1362a. Eastern and western districts; dis- trict attorneys—There shall be a district attorney ź 1862b (Tit. 13 THE JUDICIARY IPage 1881 for the eastern district of South Carolina and a dis- trict attorney for the western district of South Caro- lina, who shall be appointed as district attorneys are appointed in other judicial districts of the United States. The district attorney for the eastern district Of South Carolina and the district attorney for the Western district Of South Carolina shall each receive an annual salary of $4,500. The present district attorney, who is a resident of the eastern district of South Carolina, is hereby assigned to said eastern district as the district attorney thereof. (March 3, 1915, c. 100, § 3, 38 Stat. 961.) * § 1362b. Eastern and western districts; mar- shals—There shall be a marshal for the eastern dis- trict of South Carolina and a marshal for the West- ern district of South Carolina, who shall be appoint- ed as marshals are appointed in other judicial dis- tricts Of the United States. The marshal for the eastern district Of South Carolina and the marshal for the western district of South Carolina shall each receive an annual salary of $4,500. The present mar- shal, who is a resident of the eastern district of South Carolina, is hereby assigned to said eastern district as the marshal thereof. (March 3, 1915, c. 100, § 4, 38 Stat. 961.) - - TEXAS - - § 1363. INorthern district; district attorney and marshal—There shall be appointed one person as district attorney and One person as marshal for said northern district [of Texas], whose terms of appoint- ment and Services, as well as duties and emoluments, shall be the same with those respectively appertaining to the said Offices in the said eastern and western districts of Texas; and said marshal shall give the Same bond that other marshals are required to give, to be approved and recorded as now directed by law. (Feb. 24, 1879, c. 97, § 8, 20 Stat. 320.) § 1364. Southern district; marshal—The Pres- ident of the United States, by and with the advice and Consent of the Senate, shall appoint a marshal for the Southern judicial district of Texas as hereby con- stituted, who shall within his jurisdiction possess and exercise all the powers conferred by existing law upon the marshals of the United States. (March 11, 1902, c. 183, § 4, 32 Stat. 66.) § 1365. District attorney for eastern dis- trict—The President of the United States, by and With the advice and consent of the Senate, shall ap- point a district attorney for said eastern judicial district of Texas as hereby constituted, who within his jurisdiction shall possess and exercise all the power COnferred by existing law upon the district attorneys of the United States. (March 11, 1902, c. 183, § 5, 32 Stat. 66.) § 1366. District attorney, marshal, and other officers in each district—The office of judge, mar- shal, and district attorney in each of said judicial districts, deputy marshals and assistant district at- torneys, and all other officers authorized by law and made necessary by the division of the State Of Texas into four judicial districts and by the provi- Sions of this Act, and all vacancies created by said division, in either of said districts, as constituted by this Act Or hereafter occurring, shall be filled in the manner provided by existing law. The salaries, pay, fees, and allowances of the judges, district attorneys, marshals, Clerks, and Other Officers in Said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for Such Officers in the said judicial districts Of Texas as heretofore Constituted, except as herein provided. (March 11, 1902, c. 183, § 6, 32 Stat. 66.). § 1367. Southern district; district attorney and marshal—The marshal and district attorney for the Southern judicial district of the State of Texas created and appointed under the provisions shall each receive a compensation or salary of three thousand five hundred dollars per annum, payable as the marshals and district attorneys in the Other | districts are paid under the provisions of existing law, and the marshals and their deputies shall give the bond required Of marshals and deputy marshals under the provisions of existing law. (March 11, 1902, c. 183, § 15, 32 Stat. 69.) TJTAEI § 1368. District attorney and marshal—The State of Utah shall constitute one judicial district which shall be called the district of Utah. * * There shall be appointed for said district One dis- trict judge, One United States attorney, and One Unit- ed States marshal. (July 16, 1894, c. 138, § 14, 28 Stat. 110.) : § 1369. District attorney, marshal, clerks, and other officers—The marshal, district attorney, and Clerks Of the circuit and district Courts of the Said district of Utah, and all other officers and other perSons performing duty in the administration of justice therein, shall Severally possess the powers and perform the duties lawfully possessed and re- Quired to be performed by similar Officers in other districts of the United States, and shall, for the services they may perform, receive the same fees and compensation allowed by law to other similar officers and persons performing similar duties. (July 16, 1894, c. 138, § 16, 28 Stat. 111.) WASHINGTON § 1370. Eastern district; district attorney and marshal—The President of the United States, by and with the advice and Consent of the Senate, shall appoint a marshal and district attorney for the Said eastern judicial district Of Washington as here- by constituted, who shall, within their respective jurisdictions, possess and exercise all the powers con- ferred by existing law upon the marshals and dis- trict attorneys of the United States, respectively. (March 2, 1905, c. 1305, § 4, 33 Stat. 824.) § 1371. District attorney, marshal, and other officers for each district—The office of marshal and district attorney in each of said districts, deputy marshals and assistant district attorneys, and all Other Offices authorized by law and made necessary by the creation of said two districts and the provi- Sions Of this Act, and all vacancies Created thereby in either of said districts as Constituted by this Act, shall be filled in the manner provided by law. The salaries, pay, fees and allowances of the judges, dis- trict attorneys, marshals, and Other Officers in Said districts, except clerks, until changed by law, shall be the same, respectively, as now fixed by law for Such officers in the judicial district of Washington as beretofore constituted, and the Clerks for Said dis- tricts shall receive the same fees and emoluments as are now prescribed by law for the clerks of the Cir- cuit and district Courts Of the northern district Of California. (March 2, 1905, c. 1305, § 6, 33 Stat. 824.) WEST VIRGINIA § 1372. Northern district; district attorney, marshal, and other officers—The President Of the United States, by and with the advice and COnsent of the Senate, shall appoint a marshal and district attorney for the northern judicial district of West Virginia as hereby constituted, who shall, within their respective jurisdictions, possess and exercise all the powers conferred by existing law upon the mar- Shals and district attorneys of the United States, re- spectively. (Jan. 22, 1901, c. 105, § 4, 31 Stat. 736.) § 1373. District attorney, marshal, and other officers in each district—The salaries, pay, feeS. and allowances of the judges, district attorneyS, marshals, clerks, and other officers in said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of West Vir- ginia as heretofore constituted. (Jan. 22, 1901, C. 105, § 7, 31 Stat. 737.) Ch. 16) TEIE JUDICIARY § 1375 [Page 189] WYOMING Sec. 1410. Criers, clerks, bailiffs, and messengers of circuit courts § 1374. District attorney, marshal, and other officers—The said state, when admitted as afore- said, shall constitute a judicial district, the name thereof to be the same as the name Of the State ; * * There shall be appointed for said district one district judge, One United States attorney, and One United States marshal. - The marshal, district attorney, and clerks of the circuit and district courts of said district, and all other Officers and persons performing duties in the administration of justice therein, shall severally pos- sess the powers and perform the duties lawfully pos- sessed and required to be performed by similar officers in other districts of the United States; and shall, for the services they may perform, receive the fees and compensation allowed by law to other similar Officers and persons performing similar duties in the 㺠of Oregon. (July 10, 1890, c. 664, § 16, 26 Stat. 25.) . - Chapter Fifteen—Juries (R. S. §§ 800–822. Repealed and trans- ferred.) The provisions of this chapter were largely incorporated in the Judicial Code, chiefly in chapter 12 thereof (§§ 1252- 1265), and repealed by § 297 thereof (§ 1274). R. S. § 801, was repealed by Act June 30, 1879, c. 52, § 2, 21 Stat. 43, and Act May 13, 1884, c. 46, § 4, 23 Stat. 21. Act June 30, 1879, c. 52, § 2, was incorporated in the Judicial Code, in chapter 12, and Superseded by § 297 thereof. Act Aug. 8, 1888, c. 785, 25 Stat. 386, was superseded by § 289 of the Judicial Code (§ 1266). Act March 22, 1882, c. 47, § 5, 22 Stat. 31, was incorporated in § 288 of the Judicial Code (§ 1265), and repealed by § 297 thereof. - Chapter Sixteen—Fees and Compensa- Sec. tion of Officers 1375. Fees to be taxed. - 1376. Circuit courts of appeals; costs and fees. 1377. Same; tables of fees. FEES OF ATTORNEYS, SOLICITORS AND PROCTORS 1378. Attorneys, solicitors, and proctors. - 1379. District attorneys; revenue cases, and suits on official bonds. - 1380. Same; on bonds. 1381. Same; defense of revenue officers. 1382. Same; cases in which United States is not party. CLER PKS” FEES 1383. Enumeration; inspection of books. 1384. Admission of attorney. 1385. Attendance on rule-days. MARSHALS’ FEE'S 1386. Enumerated. 1387. Same. 1388. Arrest of persons under recognizance; tendance at court. 1389. Warrants in prosecutions under internal revenue laws. 1390. Mileage; attorneys, marshals, or clerks. 1391. Same; execution or return of writs. 1392. Same; Writ not executed. 1893. Marshal of Supreme Court of United States. RETURNS OF FEES, EMOLUMENTS, AND EXPENSES, - AND COMPENSATION AND ACCOUNTS OF OFFICERS per diem for at- 1894. Semi-annual returns by district attorneys, marshals, and clerks. 1395. Same. 1396. Returns and accounts of district attorney for District of Columbia. 1397. Clerks; fees not earned or due. 1398. Same; semi-annual returns. 1399. sº reports and accounts of moneys received; dock- €U.S. 1400. Same; circuit courts df appeals; annual returns. 1401. Supreme Court; annual returns. 1402. Attorneys; compensation retained. 1403. Double fees; district attorney and marshal in Oregon and Nevada. 1404. Clerks; compensation retained. 1404a. Same; compensation retained; single fees. 1405. Same; California, Oregon, and Nevada. 1406. Same; Montana. 1406a. Gºks and marshals; Oregon, Montana, and Washing- OIl. - - 1407. Clerk; northern district of Illinois. 1408. Deputy clerks; compensation. 1409. Clerks of circuit courts of appeals; salaries. 1411. of appeals; compensation. Clerk of Supreme Court; Surplus paid into treasury. 1412. Clerks; additional in prize causes. 1413. Attorneys, clerks, and marshals; allowances made from yearly fees. 1414. Same; Surplus fees paid into Treasury. 1415. Same; auditing accounts. 1416. Attorneys, clerks, marshals, counts certified to. - 1417. Same; proof, and approval by court. SALARIES AND EXPENSES OF DISTRICT ATToRNEY AND MARSHALS 1418. Salaries; fees covered into treasury. 1419. District attorneys; salaries. 1420. Assistant district attorneys; expenses of district at- torney and assistants; official residence. 1421. Marshals; Salaries. 1422. Same; Office deputies and clerks. 1423. Same; field deputies. 1424. Same ; expenses; Official residence. 1425. Attorneys and marshals; expense accounts. 1426. Same; office expenses. 1427. Attorneys; clerical assistance. 1428. Time Of payment of Salaries. 1429. Costs not affected. - 1430. Illegal fees; failure to account for or pay over fees. 1431. Repeal; exceptions from provisions of act. . District attorneys; traveling expenses. 1433. Marshals; authority to administer oaths. 1434. District attorneys; limitation of compensation not ap- plicable to first assistant district attorney for north- ern district of Illinois. 1435. Same; no fees of office in addition to salary. compensation retained by ; and commissioners; ac- 1436. Same; southern district of New York; salary. 1437. Marshals; district of Idaho and southern district of California; salaries. - 1438. District attorneys; district of Idaho and southern dis- trict of California.; salaries. - 1439. Same; clerks and messengers for southern district of - New York. 1440. Marshals; district of Nebraska; Salary. - 1441. District attorneys; northern district of Illinois; salary. 1442. Same; southern district of New York; traveling ex- penSeS. 1443. Same; eastern district of Pennsylvania; salary. 1444. District attorneys and marshals; eastern and Western - districts of Oklahoma; salaries. - 1445. Same; salaries of district attorneys of Texas; salaries. 1446. Marshals; eastern district of Louisiana; Salary. 1447. District attorneys; districts of New Jersey and Nevada; salaries. District attorneys; - deputies. 1449. Marshals; district of Connecticut; salary. 1450. District attorneys and marshals; Western district of Ar- kansas; Salaries. - Marshals; western district of Michigan; salary. COMMISSIONERS’ FEES 1451. Enumeration. District Of Columbia; payment to WITNESSES’ FEES 1452. Enumeration. - - 1453. Fees and mileage of jurors and witnesses. 1454. No officer of court to have witness fees. 1455. Expenses of officers of United States as Witnesses. 1456. Seamen as Witnesses. JURORS’ FEES 1457. Grand and petit jurors; fees. 1458. Same; per diem. PRINTERS’ FEES 1459. Printers’ fees. 1460. Meaning of folio. FEES, HOW PAID AND RECOVERED 1461. Jurors; when paid by marshal. 1462. Attorneys, marshals and commissioners. 1463. Recovery of fees. ". . . - § 1375. Fees to be taxed—The following and no other compensation shall be taxed and allowed to attorneys, solicitors, and proctors in the Courts Of the United States, to district attorneys, clerks of the circuit and district courts, marshals, commissioners, witnesses, jurors, and printers in the several States and Territories, except in Cases otherwise express- ly provided by law. But nothing herein shall be construed to prohibit attorneys, Solicitors, and proc- tors from charging to and receiving from their clients, other than the Government, such reasonable com- pensation for their services, in addition to the tax- able costs, as may be in accordance with general § 1376 (Tit. 13 THE JUDIGIARY IPage 190] usage in their respective States, or may be agreed upon between the parties. (R. S. § 823.) § 1376. Circuit Court of Appeals; fees—The costs and fees in each circuit court of ap- peals shall be fixed and established by said court in a table of fees, to be adopted within three months after the passage of this Act: Provided, That the COsts and fees so fixed by any court of appeals shall not, with respect to any item, exceed the Costs and fees now charged in the Supreme Court. (March 3, 1891, c. 517, § 2, 26 Stat. 826, amended, Feb. 19, 1897, c. 263, 29 Stat. 536.). - - § 1377. Same; tables of fees—Each circuit court of appeals shall, within three months after the fixing and establishing of COsts and fees as aforesaid, transmit said table to the Chief Justice of the United States, and within One year thereof the Supreme Court of the United States shall revise said table, making the same, so far as may seem just and reasonable, uniform throughout the United States. thereupon be in force for each circuit. 1897, c. 263, 29 Stat. 536.) (Feb. 19, FEES OF ATTORNEYs, soliGITORs, AND - - PROCTORS § 1378. Attorneys, solicitors, and proctors— On a trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in Cases Of admiralty and maritime jurisdiction, where the libelant recovers less than fifty dollars, the docket fee of his proctor shall be but ten dollars. In cases at law, when judgment is rendered without a jury, ten dollars. In cases at law, when the cause is discontinued, five dollars. - For Scire facias, and other proceedings On recogni- Zances, five dollars.. For each deposition taken and admitted in evidence in a cause, two doilars and fifty cents. For services rendered in cases removed from a dis- trict to a circuit. COurt by writ of error or appeal, five dollarS. - * For examination by a district attorney, before a judge or Commissioner, of persons charged with crime, five dollars a day for the time necessarily employed. For each day Of his necessary attendance in a Court Of the United States On the business Of the United States, when the court is held at the place Of his abode, five dollars; and for his attendance when the Court is held elsewhere, five dollars for each day of the term. . . - For traveling from the place of his abode to the place of holding any Court of the United States in his district, Or to the place of any examination be- fore a judge or Commissioner, of a person charged With Crime, ten Cents a mile for going and ten cents a mile for returning. - When an indictment for crime is tried before a jury and a conviction is had, the district attorney may be allowed, in addition to the attorney’s fees herein provided, a Counsel fee, in proportion to the impor- tance and difficulty of the cause, not exceeding thirty dollars. (R. S. § 824.) - - - This 'Section, and §§ 1379–1382, superseded as to all dis- trict attorneys except in District of Columbia. See §§ 1418-1420, 1426-1431. ... Other provisions as to fees see §§ 1394. 1418, 1420, 1431, 1442, 1443, 1462, 1463, 3235. Current appro- priations for Salaries, etc., of district attorneys, see Act June 12, 1917, c. 27, § 1, 40 Stat. 157. - § 1379. District attorneys; revenue cases, and suits on official bonds—There shall be taxed and paid to every district attorney two per centum upon all moneys collected Or realized in any suit or proceeding arising under the revenue laws, and con- ducted by him, in which the United States is a party, which shall be in lieu of all costs and fees in Such proceeding. (R. S. § 825.) See § 1378 and note. - costs and The table of fees, when so revised, shall § 1380. Same; on bonds—No fee shall accrue to any district attorney on any bond left with him for Collection, Or in a suit commenced on any bond for the renewal of which provision is made by law, un- less the party neglects to apply for such renewal for more than twenty days after the maturity of the bond. (R. S. § 826.) . See § 1378 and note. § 1381. Same; defense of revenue officers— When a district attorney appears by direction of the Secretary or Solicitor of the Treasury, on behalf of any Officer of the revenue in any suit against such of— ficer, for any act done by him, or for the recovery of any money received by him and paid into the Treas- ury in the performance of his official duty, he shall receive such compensation as may be certified to be proper by the Court in which the suit is brought, and gºved by the Secretary of the Treasury. (R. S. § 827.) - - See § 1378 and note. § 1382. Same; cases in which United States is not party—All accounts of the United States dis- trict attorneys for services rendered in cases instituted in the Courts of the United States, or of any State, When the United States is interested, but is not a party of record, Or in cases instituted against the officers of the United States, or their deputies, or duly appointed agents, for acts committed or omitted or suffered by them in the lawful discharge of their du- ties, shall be audited and allowed as in other cases, as- Similating the fees, as near as may be, to those pro- vided by law for similar services in cases in which the United States is a party. (R. S. § 299.) See § 1378 and note. - CLERKS” FEES § 1383. Enumeration; inspection of books— For issuing and entering every process, commission, Summons, Capias, execution, warrant, attachment, Or Other writ, except a writ of Vénire, or a summons or subpoena for a Witness, One dollar. For issuing a writ Of Summons Or Subpoena, twenty- five CentS. For filing and entering every declaration, plea, or other paper, ten cents. For administering an oath or affirmation, except to a juror, ten cents. - For taking an acknowledgment, twenty-five cents, For taking and certifying depositions to file, twen- ty cents for each folio Of One hundred WOrdS. - For a copy of such deposition furnished to a party On request, ten cents a folio. For entering any return, rule, Order, COntinuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents. For a copy of any entry or record, or of any paper on file, for each folio, ten CentS. For making dockets and indexes, issuing Venire, tax- ing costs, and all other services, on the trial or ar- gument of a cause where issue is joined and testi- mony given, three dollars. - For making dockets and indexes, taxing CostS, and all other services, in a cause where issue is joined, but no testimony is given, two dollars. For making dockets and indexes, taxing costs, and Other services, in a Cause which is dismissed Or dis- continued, or where judgment or decree is made Or rendered without issue, one dollar. For making docketS and taxing Costs, in Cases re- moved by Writ of error or appeal, One dollar. For affixing the seal of the Court to any instrument, when required, twenty cents. - For every search for any particular mortgage, judg. ment, or other lien, fifteen cents. - For searching the records of the court for judg- ments, decrees, or other instruments Constituting a general lien. On real estate, and certifying the result Jh. 16) & 1387 THE JUDICIARY [Page 1911 of such search, fifteen cents for each person against Whom such search is required to be made. For receiving, keeping, and paying Out money, in pursuance of any statute or Order Of Court, One per centum. On the amount so received, kept, and paid. For traveling from the Office Of the clerk, where he is required to reside, to the place of holding any court required by law to be held, five cents a mile for go- ing and five cents for returning, and five dollars a day for his attendance on the court while actually in Session. - All books in the Offices of the clerks Of the [Circuit and] district courts, containing the docket or minute of the judgments, or decrees thereof, shall, during office hours, be open to the inspection of any person desiring to examine the same, without any fees Or charge therefor. (R. S. § 828.) Text in brackets superseded by §§ 1266–1268. Other pro- visions as to clerks’ fees, see §§ 1371, 1376, 1877, 1384, 1885, 1390, 1394-1417, 1462, 1463, 3940, 4372, 4376, 4377. Current ap- propriations for fees, see Act June 12, 1917, c. 27, § 1, 40 Stat. 157. - * * - § 1384. Admission of attorney—No amount in excess of one dollar shall be received from any at- torney in connection with his admission to practice in a [circuit or] district court. (June 28, 1902, c. 1301, § 1, 32 Stat. 476.) . - See § 1383 and note. - § 1385. Attendance on rule-days—No per diem or other allowance shall be made to any district attor- ney, ſclerk of a circuit court, clerk of a district Court, marshal or deputy marshal, for attendance at rule- days of a [circuit or] district court; [and when the circuit and district courts sit at the same time no greater per diem or other allowance shall be made to any such officer than for an attendance On One Court]. (R. S. § 831.) - . See § 1383 and note. Superseded as to district attorneys, marshals, or deputy marshals, by §§ 1418–1430. - MARSHALS FEES § 1386. Enumerated-For service of any war- rant, attachment, summons, capias, or other Writ, ex- cept execution, venire, or a summons or subpoena for a witness, two dollars for each person on Whom Serv- ice is made. . . . For the keeping of personal property attached On mesne process, such compensation as the Court, On per tition setting forth the facts under oath, may allow. For serving venires and summoning every tWelve men as grand or petit jurors, four dollars, or thirty- three and one-third cents each. A. >; >|< :: :: :: Sk 2}: For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, five dollarS. & . IFor serving a writ of subpoena on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for a Witness. For serving a writ of possession, partition, eXecu- tion, or any final process, the same mileage as is al- lowed for the service of any other Writ, and for mak- ing the service, seizing or levying On property, ad- vertising and disposing of the same by Sale, Set Off, or otherwise according to law receiving and paying over the money, the same fees and poundage as are Or shall be allowed for similar services to the Sher- iffs of the States, respectively, in which the service is rendered. . For each bail-bond, fifty cents. - For summoning appraisers, fifty cents each. For executing a deed prepared by a party or his attorney, One dollar. For drawing and executing a deed, five dollars. For copies of writs or papers furnished at the re- quest of any party, ten Cents a folio. For every proclamation in admiralty, thirty cents. For serving an attachment in rem or a libel in ad- miralty, two dollars. - - For the necessary expenses of keeping boats, Ves- sels, or other property attached or libeled in admi- ralty, not exceeding two dollars and fifty cents a day. When the debt or claim in admiralty is settled by the parties without a sale Of the property, the mar- Shal shall be entitled to a COImmission of one per Cen- tum on the first five hundred dollars of the claim or decree, and One-half of One per Centum On the exceSS Of any sum thereof. Over five hundred dollars: Pro- vided, That, when the value of the property is less than the claim, such commission shall be allowed only On the appraised value thereof. - For sale of vessels or other property under process in admiralty, or under the Order of a court of admi- ralty, and for receiving and paying Over the money, two and one-half per centum on any sum under five hundred dollars, and One and one-quarter per Centum On the excess of any sum Over five hundred dollars. For disbursing money to jurors and witnesses, and for other expenses, two per Centum. For expenses while employed in endeavoring to ar- rest, under process, any person charged with or con- victed of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compen- Sation for Service and travel. - - For every commitment or discharge of a prisoner, fifty cents. - - - For transporting criminals, ten cents a mile for himself and for each prisoner and necessary guard; except in the case provided for in the next paragraph. For transporting criminals convicted of a crime in any district or Territory where there is no peniten- tiary available for the confinement of convicts of the United States, to a prison in another district or Ter- ritory designated by the Attorney-General, the rea- SOnable actual expense of transportation of the crim- inals, the marshal, and the guards, and the necessary Subsistence and hire. ::: sk sk sk *: sk # For attending examinations before a commissioner, and bringing in, guarding, and returning prisoners charged with Crime, and witnesses, two dollars a day; and for each deputy not exceeding two, necessarily at- tending, two dollars a day. - . #: #: s: *}: $: × -: For travel, in going only, to serve any process, War- rant, attachment, or other writ, including writs of Subpoena in Civil or Criminal cases, six cents a mile, to be Computed from the place where the process is returned to the place of service, or, when more than One person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others. But When more than two Writs of any kind required to be served in behalf of the same party On the same per- son might be served at the same time, the marshal shall be entitled to compensation for travel on only two of Such Writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names Of as many Witnesses in a Cause in such subpoena as convenience in serving the same will permit. In all Cases where mileage is allowed to the mar- shal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the Satisfaction of the COUrt. (R. S. $ 829.) - This section, and §§ 1387–1389, were superseded as to marshals by §§ 1418, 1421-1430. Other provisions as to fees, see §§ 1252, 1253, 1387, 1390–1392, 1394–1417, 1418, 1421–1425, 1463, 3940, 6410, 8421, 10556. Current appropriations for sal- aries, etc., and marshals and deputies, see Act June 12, 1917, c. 27, § 1, 40 Stat. 156. § 1387. Same--There shall be paid to the mar- shal his fees for services rendered for the United States, for summoning jurors and Witnesses in behalf of the United States, and in behalf of any prisoner to be tried for a capital Offense, for the maintenance of prisoners of the United States confined in jail for any criminal offense; also, for his reasonable actual expense for the transportation of criminals, and of the marshal and guards, to prisons designated by the Attorney-General, and for hire and subsistence in & 1387 (Tit. 13 THE JUDICIARY [Page 1921 that behalf, as hereinbefore provided; also, his fees for the commitment or discharge of prisoners; his expenses necessarily incurred for fuel, lights, and oth- er contingencies that may accrue in holding the courts within this district, and providing the books neces- sary to record the proceedings thereof: Provided, That he shall not incur, or be allowed, an expense of more than twenty dollars in any One year for furniture, or fifty dollars for rent of a building and making im- provements thereon without first Submitting a State- ment and estimates to the Attorney-General and get- ting his instructions in the premises. (R. S. § 830.) See § 1386 and note. § 1388. Arrest of persons under recognizance; per diem for attendance at court—Hereafter no part of the appropriations made for the payment of fees for United States marshals or clerks shall be used to pay the fees Of United States marshals Or clerks upon any writ or bench warrant for the ar- rest of any person or persons who may be indicted by any United States grand jury, or against whom an information may be filed, where such person or persons is Or are under a recognizance taken by Or before any United States Commissioner, or other of ficer authorized by law to take Such recognizance, re- quiring the appearance of Such person or persons be- fore the Court in which such indictment is found or information is filed, and when such recognizance has not been forfeited or said defendant is not in default, tinless the Court in which Such indictment of infor- mation is pending Orders a warrant to issue; nor shall any part Of any money appropriated be used in pay- ment Of a per diem Compensation to any attorney, clerk, or marshal for attendance in court except for days When the Court is Open by the Judge for busi- ness or business is actually transacted in court, and When they attend under Sections five hundred and eighty-three, five hundred and eighty-four, six hun- dred and Seventy-One, six hundred and seventy-two, and two thousand and thirteen of the Revised Stat- utes, which fact shall be certified in the approval of their accounts. (March 3, 1887, c. 362, 24 Stat. 541.) See § 1386 and note. § 1389. Warrants in prosecutions under in- termal revenue laws—Hereafter no part of any mon- ey appropriated to pay any fees to the United States Commissioners, marshals, or clerks shall be used for any Warrant issued or arrest made, or other fees in prosecutions under the internal revenue laws, unless Said fees have been taxed against and collected from the defendant, or unless the prosecution has been Commenced upon a sworn complaint setting forth the facts Constituting the offense and alleging them to be within the personal knowledge of the affiant, or upon a sworn complaint by a United States district attorney, collector, or deputy collector of internal reve- nue or revenue agent, setting forth the facts upon in- formation and belief, and approved either before Or after such arrest by a circuit or district judge or the attorney of the United States in the district where the offense is alleged to have been committed or the in- dictment is found. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 416.) See § 1386 and note. § 1390. TMileage; attorneys, marshals, or clerks—The proviso in the sixth paragraph of the act entitled “An act making appropriations for the support of the army for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes,” approved June sixteenth, eighteen hundred and seventy-four, shall not be construed to apply Or to have applied to attorneys, marshals, or clerks of courts of the United States, their assistants, or deputies. And all accounts of said attorneys, mar- shals, and clerks, for mileage and for expenses in- Curred Subsequent to the first day of July, eighteen hundred and seventy-four, and prior to the first day of January, eighteen hundred and seventy-five, shall and may be audited, allowed, and paid at the Treas- ury Department of the United States in the same manner as if said act had not been passed. And from and after the first day of January, eighteen hundred and seventy-five, no such officer or person - shall be- come entitled to any allowance for mileage or travel not actually and necessarily performed under the pro- visions of existing law. (Feb. 22, 1875, c. 95, § 7, 18 Stat. 334.) Other provisions as to mileage, etc., see §§ 1391, 1392, 1420, 1422-1425, 3236. § 1391. Same; execution or return of writs— That hereafter no marshal or deputy marshal be al- lowed more than one mileage for each mile actually and necessarily traveled, irrespective of the number of writs he may execute in making such travel; nor shall any marshal or deputy marshal be allowed any additional mileage incident to the execution or return of any writ of arrest, commitment, or removal other than the ten Cents a mile now allowed by law for each deputy, prisoner, and guard; and no mileage shall be allowed upon any writ not executed or when the travel was without cost to marshal or deputy. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 416.) § 1392. Same; writ not executed—No mileage shall be allowed upon any writ not executed nor when the travel is without cost to the marshal or office deputy. (June 6, 1900, c. 791, § 1, 31 Stat. 639.) § 1393. Marshal of Supreme Court of United States—The marshal of the Supreme Court of the |United States shall be entitled to receive for the Serv- ice Of any Warrant, attachment, Summons, Capias, Or Other Writ, except execution, Venire, Or a Summons, or subpoena for a Witness, One dollar for each per- son on whom such service may be made. His fees for all other services shall be the same as are herein al- lowed to Other marshals; but he shall pay into the Treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the Attorney-General. (R. S. § 832.) Salary of marshal, see § 1200. - RETURNS OF FEES, EMOLUMENTS, AND EX- PENSES, AND COMPENSATION AND AC- COUNTS OF OFFICERS § 1394. Semi-annual returns by district at- torneys, marshals, and clerks—Every district at- torney, clerk of a district court, ſclerk of a circuit court, and marshal, shall, on the first days of Jan- uary and July, in each year, or within thirty days thereafter, make to the Attorney-General, in Such form as he may prescribe, a written return for the half year ending on said days, respectively, Of all the fees and emoluments of his office, Of every name and character, and of all the necessary expenses Of his office, including necessary clerk-hire, together with the vouchers for the payment of the same for Such last half year. He shall state separately in such returns the fees and emoluments received or payable under the bankrupt act; and every marshal shall state Separately therein the fees and emoluments received or payable for services rendered by himself personal- ly, those received or payable for services rendered by each of his deputies, naming him, and the propor- tion of such fees and emoluments which, by the term's of his service, each deputy is to receive. Said re- turns shall be verified by the Oath of the Officer mak- ing them. (R. S. § 833.) Text in brackets superseded by §§ 1264-1266. This sec- tion, and § 1395, Superseded as to district attorneys and marshals by §§ 1418–1430. Other provisions as to returns, see §§ 1298–1301, 1316, 1317, 1325, 1326, 1328, 1329, 1397, 1399, 1400, 1401, 1416, 1431, 1436, 4372, 4376, 8420, 8423. § 1395. Same—The preceding section shall not apply to the fees and compensation allowed to district attorneys by sections eight hundred and twenty-five and eight hundred and twenty-seven. All other fees, charges, and emoluments to which a district attorney or a marshal may be entitled, by reason Of the dis- charge of the duties of his office, as now or hereafter prescribed by law, or in any case in which the Unit- ed States will be bound by the judgment rendered Ch. 16) 3 1404 THE JUDICIARY [Page 193] therein, whether prescribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-annual return required of said officers by the preceding section. (R. S. § 834.) See § 1394, and note. - § 1396. Returns and accounts of district at- torney for District of Columbia—The emolument returns of the Attorney of the United States for the District of Columbia Shall be returned to the At- torney General, and the accounts, of the Said Attor- ney Shall be rendered, audited and paid in the Same manner as a CCOunts of all other district attOrneys are rendered, audited, and paid. (Dec. 14, 1877, c. 1, 20 Stat. 7.) - § 1397. Clerks; fees not earned or due–It shall be unlawful for any clerk of any court of the United States to include in his emolument, a CCOUInt, Or return any fee or fees not actually earned and due at the time such account or return is required by law to be made, and no fees not actually earned shall be allowed in any such account. (March 2, 1895, c. 189, 28 Stat. 956.) - § 1398. Same; sexmi-annual returns—Each clerk of the district [and circuit] courts shall, on the first days of January and July of each year, or within thirty days thereafter, make to the Attorney-General, in such form as he may prescribe, written returns for the half year ending On said days, respectively, of all fees and emoluments of his office of every name and Character, and of all necessary expenses of his office, including necessary clerk hire, together with the vouchers for the payment of the same for such last half year; and the Word “emoluments” shall be un- derstood as including all amounts received in connec- tion with the admission of attorneys to practice in the court, [all amounts received for services in mat- uralization proceedings, whether rendered as clerk, as Commissioner, or in any other capacity, and all other amounts received for services in any way connected With the clerk’s Office. (June 28, 1902, c. 1301, § 1, 32 Stat. 475.) Text in brackets superseded by §§ 1266–1268, 4372, 4376. 1. i Other provisions as to returns, see §§ 1399–1401. § 1399. Samae; reports and accounts of moneys received; dockets—The Attorney-General shall here- after, under rules and regulations prescribed by him, require the clerks of the United States [circuit and, district courts, clerks of the Territorial courts, ſclerks Of the United States Courts for the Indian Territory,I and the clerks of the United States Courts in Alaska to report and account for all moneys received by them on account of or as security for fees and costs, and to report and account for all amounts Collected Or received by them. On behalf of the United States on ac- Count of judgments, fines, forfeitures, penalties, and Costs. The Attorney-General shall also hereafter re- Quire such clerks to report and account for any other moneys received by them in their official capacity, Whether on behalf of the United States or otherwise, and the Attorney-General shall hereafter prescribe such docket or dockets or other books as he may deem proper to be kept and used by such clerks in re- COrding, reporting, and accounting for moneys men- tioned above in this paragraph, and in recording all fees and emoluments earned by them, which dockets or other books shall be kept and used by said clerks in accordance with rules and regulations prescribed by the Attorney-General. 1, 34 Stat. 754.) - Text in brackets superseded by §§ 1266–1268, and Act June 16, 1906, c. 3335, 34 Stat. 267. § 1490. Samme; circuit courts of appeals; an- mual returns—Clerks Of the United States Circuit Courts of appeals, annually and within thirty days after the thirtieth day of June in each year, shall make a return to the Attorney-General Of the United States of all the fees and emoluments of their offices respectively. Stich return Shall cover all fees and COMP.ST.’18—13 (June 30, 1906, c. 3914, § emoluments earned during the preceding year and al- So the necessary office expenses for such year includ- ing clerk hire, the compensation of the clerk not to exceed five hundred dollars per annum as now pro- vided by law. Such expenses including clerk hire shall be certified by the senior circuit judge of the proper circuit, and audited and allowed by the proper ac- counting officers of the Treasury Department. The respective clerks of the Circuit courts of appeals, aft- er deducting such expenses and clerk hire, shall, at the time of making such returns, pay into the Treas- ury of the United States the balance of such fees and emoluments. In Case the amounts Claimed for Such expenses and clerk hire have not been audited by Such accounting Officers prior to the time fixed for making such returns and payment, said clerks may retain the sums claimed by them respectively, until the audit is made, and in case any sum so Claimed and retained is not allowed the amount disallowed shall within ten days after notice of disallowance be paid into the Treasury Of the United States. All laws and parts of laws so far as in conflict with this proviso are hereby repealed. (June 6, 1900, c. 791, § 1, 31 Stat. 639. - 'cure appropriations for salaries of clerks of courts of *als ($3,500), see Act March 3, 1917, c. 163, § 1, 39 Stat. § 1401. Supreme Court; annual returns—The Clerk of the Supreme Court of the United States, on the first day of January in each year, or within thirty days thereafter, shall, on a form prescribed by the Attorney-General, make to the Attorney-General a re- turn, under oath, of all fees and costs collected by him in Cases disposed of at the preceding term Or terms Of the Court, and of all emoluments hereafter Collected by him, and after deducting from Such col- lections his compensation as provided in paragraph nine Of the Act of March third, eighteen hundred and eighty-three (Twenty-second Statutes at Large, six hundred and three, six hundred and thirty-one), and the incidental expenses of his office, including clerk hire, such expenses to be certified by the Chief Jus- tice, and audited and allowed by the proper accounting Officers of the Treasury, shall at the time of making Such returns pay any surplus that may remain into the Treasury of the United States. (March 15, 1898, c. 68, § 8, 30 Stat. 317.) - § 1402. Attorneys; compensation retained- No district attorney shall be allowed by the Attorney- General to retain of the fees and emoluments of his office which he is required to include in his semi-an- nual return, for his personal compensation, Over and above the necessary expenses of his office, including necessary clerk-hire, to be audited and allowed by the proper accounting officers of the Treasury Department, a Sum exceeding six thousand dollars a year, or ex- ceeding that rate for any time less than a year. (R. S.$ 835.) Superseded as to district attorneys, of Columbia, by §§ 1418–1420, 1426–1431. (R. S. § 836. Superseded.) This section provided for payment to district attorney for southern district of New York, in addition to his sal- ary, then $6,000, together with the costs and fees allowed him by law, of such amount as might be fixed by Attor- ney-General for the proper expenses of his office. It was superseded by Act June 30, 1906, c. 3914, § 1 ($ 1439). § 1403. Double fees; district attorney and marshal in Oregon and Nevada—The district at- torneys and marshals for the districts Of Oregon and Nevada shall be entitled to receive, for the like serv- ices, double the fees hereinbefore provided; but nei- ther Of them shall be allowed to retain. Of Such fees any Sum exceeding the aggregate COmpensation of Such officer as hereinbefore provided. (R. S. § 837.) Repealed as to marshals in Oregon, by § 1406a. § i404. Clerks; compensation retained—No Clerk of a district Court [., or clerk of a circuit Court, shall be allowed by the Attorney-General, except as provided in the next section, and in section eight hun- except in District # 1404 (Tit. 13 THE JUDICIARY dred and forty-two to retain of the fees and emolu- ments of his office, [or, in case both of the said clerk- Ships are held by the same person, of the fees and emoluments Of the Said Offices, respectively, for his personal Compensation, over and above his necessary office expenses, including necessary clerk-hire, to be audited and allowed by the proper accounting officers Of the Treasury, a sum exceeding three thousand five hundred dollars a year for any such district clerk [Or for any such circuit clerk], or exceeding that rate for any time less than a year. ' (R. S. § 839.) Text in brackets superseded by §§ 1266–1268. See, also, $$ 1400, 1410. . . § 1404a. Same; compensation retained; sin- gle fees—That for the calendar year nineteen hundred and seventeen, and thereafter, the maximum personal Compensation of Clerks of United States district courts Shall in no case exceed $3,500 per annum, and that sin- gle fees Only shall be charged by United States mar- Shals and Clerks of United States district courts against the United States and against private litigants. in every judicial district. 40 Stat. 157.) $ 1405. Same; California, Oregon, and Ne- vada-The clerks of the several [circuit and district Courts in California, [Oregon,I and Nevada shall be entitled to charge and receive double the fees herein- before allowed to clerks, and shall be allowed, re- Spectively, by the Attorney-General, to retain of the fees so received by them, for their personal compen- sation, Over and above the necessary expenses of their Offices, including the salaries of deputy clerks, and nec- essary Clerk-hire, to be audited by the proper account- (June 12, 1917, c. 27, § 1, ing Officers of the Treasury Department, any sum not exceeding Seven thousand dollars a year, nor exceed- ing º rate for any time less than a year. (R. S. § 840. . Text in brackets superseded by §§ 1266–1268, 1406a. § 1406. Same; Montana—Hereafter the fees and compensation of the clerk of the [circuit and district court for the district of [Montana] shall be computed and allowed. On the same basis as like fees are allow- ed, Computed, and paid in the district of Oregon. (May 27, 1908, c. 200, § 1, 35 Stat. 376.) .." inclosed in brackets superseded by §§ 1266–1268, 1406a. § 1406a. Clerks and marshals; Oregon, Mon- tana, and Washington—All Acts and parts of Acts authorizing the clerks of the United States district courts in and for the States of Oregon, Montana, and Washington, respectively, to charge and collect double the fees provided in section eight hundred and twen- ty-eight of the Revised Statutes of the United States, and all Acts authorizing United States marshals in and for said States, respectively, to receive and col- lect double the fees provided by section eight hundred and twenty-nine of the Revised Statutes of the Unit- ed States, are hereby repealed, to take effect from and after January first, nineteen hundred and fifteen: Provided, That no clerk of the United States district Courts in and for said States shall be allowed by the Attorney General to retain of the fees and emoluments of his office, for his personal compensation, over and above his necessary Office expenses, including the nec- essary clerk hire, to be audited and allowed by the proper accounting officers of the Treasury, a sum ex- ceeding $3,500 per year, to take effect from and after January first, nineteen hundred and fifteen: Pro- vided further, That nothing herein shall operate to re- duce the fees that the clerks Of the United States district courts and United States marshals in any States Other than those mentioned herein have here- tofore been authorized to charge and collect. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 654.) * See §§ 1371, 1403, 1406. - § 1407. Clerks; northern district of Illinois— On and after July first, nineteen hundred and twelve, the Clerk Of the District Court for the Northern Dis- trict of Illinois shall be compensated for his services [Page 194] | of the United States. - Otherwise. (R. S. § 843.) \ as such clerk as other clerks of United States district Courts are Compensated. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 465.) . . . . * , § 1408. Deputy clerks; compensation—The Compensation of deputies of the clerks of the district courts shall be paid by the clerks, respectively, and al- lowed in the same manner that other expenses of the clerks’ offices are paid and allowed. (R. S. § 561.) See, also, §§ 1383-1385, 1393, 1414-1416. § 1409. Clerks of circuit courts of appeals; salaries—The salary of the clerk of the Court Shall be three thousand dollars a year, to be paid in equal proportions quarterly. (March 3, 1891, c. 517, § 2, 26 Stat. 826.) - Current appropriation for clerks of circuit courts of ap- peals ($3,500 each), see Act March 3, 1917, c. 163, § 1, 39 Stat. 1119. * * § 1410. Criers, clerks, bailiffs, and messen- gers of circuit courts of appeals; compensation- The marshals, criers, clerks, bailiffs, and messengerS. shall be allowed the same compensation for their re- spective services as are allowed for similar services in the existing circuit courts. (March 3, 1891, c. 517, § 9, 26 Stat. 829.) - . . . Superseded as to marshals by §§ 1418, 1421-1424. See, also, § 1340. § 1411. Clerk of Supreme Court; compensa- tion retained by; surplus paid into Treasury-The Clerk of the Supreme Court of the United States Shall not hereafter retain of the fees and emoluments Of his office for his personal compensation over and above his necessary clerk-hjre and the incidental expenses of his office, certified to by the court, or by One Of its justices appointed by it for that purpose, and to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding six thousand dol- lars a year, or exceeding that rate for any time less than a year; and the surplus of such fees and emolu- ments shall be paid into the Treasury as provided by law in cases of clerks of the circuit and district Courts (March 3, 1883, c. 143, 22 Stat. 631.) See §§ 1401, 1414. (R. S. § 841. Superseded.) This section limited amount of fees and emoluments of a marshal required to be included in his semi-annual re- turn, which he might retain for his personal compensation, over and above necessary expenses of his office, including necessary clerk hire, and a proper allowance to his depu- ties, to $6,000 a year; and the allowance to any deputy, to three-fourths of the fees and emoluments received or payable for the services rendered by him, subject to re- duction by the Attorney General when the returns should show such rate to be unreasonable. It Was Superseded by Act May 28, 1896, c. 252, §§ 6, 9–13 (§§ 1418, 1421–1425). § 1412. Clerks; additional in prize causes— Clerks [and marshals] may be allowed to retain, for all official services in prize causes, an additional COmpen- sation not exceeding in amount one-half of the maxi- mum compensation allowed to them, respectively, by the three preceding sections. (R. S. $ 842.) Text in brackets superseded by §§ 1418, 1421–1425. § 1413. Attorneys, clerks, and marshals; al- Iowances made from yearly fees—The allowances for personal compensation of district attorneys, clerks, and marshals, for each calendar year, shall be made from the fees and emoluments of that year, and not This section, and § 1414, were superseded as to attorneys (except in District of Columbia) and marshals by §§ 1418- 1420, 1426-1430. § 1414. Same; surplus fees paid into Treasury —Every district attorney, clerk, and marshal shall, at the time of making his half-yearly return to the At- torney-General, pay into the Treasury, or deposit to the credit of the Treasurer, as he may be directed by the Attorney-General, any surplus of the fees and emoluments of his office, which said return shows to exist Over and above the compensation and allowances authorized by law to be retained by him. (R. S. § 844.) See § 1413 and note. Ch. 16) ź 1419 THE JUDICIARY § 1415. Same; auditing accounts—In every case where the return of a district attorney, clerk, Or marshal shows that a surplus may exist, the Attorney- General Shall CauSe Such returns to be Carefully ex- amined, and the accounts of disbursements to be reg- ularly audited by the proper officer of his Department, and an account to be opened with such Officer in prop- er books to be provided for that purpose. (R. S. § 845.) § 1416. Attorneys, clerks, marshals, and com- missioners; accounts certified to—The accounts of district attorneys, clerks, marshals, and Commission- ers of circuit courts shall be examined and Certified by the district judge of the district for which they are appointed, before they are presented to the ac- counting officers of the Treasury Department for Set- tlement. They shall then be subject to revision up- on their merits by said accounting officers, as in case of other public accounts: Provided, That no ac- counts of fees or costs paid to any Witness Or juror, upon the Order of any judge or commissioner, Shall be so re-examined as to charge any marshal for an erroneous taxation of such fees or costs. That Where the ministerial officers of the United States have or shall incur extraordinary expense in executing the laws thereof, the payment of which is not specifically provided for, the President of the United States is authorized to allow the payment thereof under the Special taxation. Of the district or circuit Court of the district in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the judiciary. amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 318.) § 1417. Saxme; proof, and approval by court- Before any bill of costs shall be taxed by any judge or other officer, or any account payable out of the money of the United States shall be allowed by any officer of the Treasury, in favor of clerks, mal'shals, or district attorneys, the party claiming Such account shall render the same, with the vouchers and items thereof, to a United States [circuit or district court, and, in the presence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons hav- ing knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just. United States commissioners shall for- ward their accounts, duly verified by oath, to the dis- trict attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the Court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, mar- shals, and district attorneys shall be made in dupli- cate, to be marked respectively “original” and “du- plicate.” And it shall be the duty of the clerk to for- Ward the Original accounts and vouchers of the Offi- cers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be Open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force. (Feb. 22, 1875, c. 95, § 1, 18 Stat. 333.) Text in brackets superseded, by §§ 1266–1268. SALARIES AND EXPENSIES OF DISTRICT AT- TORNEYS AND MARSHALS § 1418. Salaries; fees covered into Treasury— On and after the first day of July, eighteen hundred and ninety-six, all fees and emoluments authorized by law to be paid to United States district attorneys [Page 1951 (R. S. § 846, district of Kentucky, five thousand dollars; and United States marshals shall be charged as here- tofore, and shall be collected, as far as possible, and paid to the clerk of the court having jurisdiction, and by him covered into the Treasury of the United States; and said officers shall be paid for their offi- cial services, which, in the case of district attorneys, shall include services in the circuit courts of appeals of their respective circuits wherever sitting, salaries and compensation hereinafter provided and not other- Wise: Provided, That this Section shall not be Con- Strued to require Or authorize fees to be Charged against or collected from the United States, except as provided by sections eleven and thirteen of this Act I'elating to field deputies and their payments. (May 28, 1896, c. 252, § 6, 29 Stat. 179.) § 1419. District attorneys; salaries—The Unit- ed States district attorney for each of the following judicial districts of the United States shall be paid in lieu of the salaries, fees, per centums, and other COImpensations now allowed by law an annual Salary as follows: For the northern and middle districts of the State of Alabama, each four thousand dollars; for the southern district of the State of Alabama, three thousand dollars; for the Territory of Arizona, four thousand dollars; for the eastern district of Ar- kansas, four thousand dollars; for the western dis- trict of Arkansas, five thousand dollars; for the northern district of California, four thousand five hundred dollars; for the Southern district of Cali- fornia, three thousand five hundred dollars; for the district of Colorado, four thousand dollars; for the district of Connecticut, two thousand five hundred dollars; for the district of Delaware, two thousand dollars; for the northern district of Florida, three thousand five hundred dollars; for the southern dis- trict Of Florida, three thousand five hundred dollars; for the northern district of Georgia, five thousand dollars; for the southern district of Georgia, three thousand five hundred dollars; for the district of Idaho, three thousand dollars; for the northern dis- trict of Illinois, five thousand dollars; for the south- ern district of Illinois, five thousand dollars; for the district of Indiana, five thousand dollars; for the northern and southern districts of Iowa, each four thousand five hundred dollars; for the district of Kansas, four thousand five hundred dollars; for the for the eastern district of Louisiana; three thousand five hun- dred dollars; for the western district of Louisiana, two thousand five hundred dollars; for the district of Maine, three thousand dollars; for the district of Maryland, four thousand dollars; for the district of Massachusetts, five thousand dollars; for the eastern district of Michigan, four thousand dollars; for the Western district of Michigan, three thousand five hundred dollars; for the district of Minnesota, four thousand dollars; for the northern and southern districts of Mississippi, each three thousand five hun- dred dollars; for the eastern district of Missouri, four thousand five hundred dollars; for the western district of Missouri, four thousand five hundred dol- lars; for the district of Montana, four thousand dol- lars; for the district of Nebraska, four thousand dollars; for the district of Nevada, three thousand dollars; for the district of New Hampshire, two thousand dollars; for the district of New Jersey, three thousand dollars; for the district of New Mex- ico, four thousand dollars; for the northern district of New York, four thousand five hundred dollars: for the eastern district of New York, four thousand five hundred dollars; for the eastern district of North Carolina, four thousand dollars; for the west- ern district of North Carolina, four thousand five hundred dollars; for the district of North Dakota, four thousand dollars ; for the northern and South- ern districts of Ohio, each four thousand five hundred dollars; for the district of Oklahoma, five thousand dollars; for the district of Oregon, four thousand five hundred dollars; for the eastern district of Penn. ? 1419 (Tit. 13 THE JUDICIARY [Page 196] sylvania, four thousand five hundred dollars; for the western district of Pennsylvania, four thousand five hundred dollars; for the district of Rhode Island, two thousand five hundred dollars; for the eastern and Western districts Of the district Of South Caro- lina, four thousand five hundred dollars, two thou- Sand five hundred dollars of which shall be for the performance of the duties of district attorney for the western district; for the district of South Dako- ta, four thousand dollars ; and western districts of Tennessee, each four thou- Sand five hundred dollars ; for the northern district of Texas, three thousand five hundred dollars; the eastern district of Texas, five thousand dollars; for the Western district Of Texas, four thousand dol- lars; for the district of Utah, four thousand dollars; for the district of Vermont, three thousand dollars; for the eastern district of Virginia, four thousand dollars; for the western district of Virginia, four thousand five hundred dollars ; Washington, four thousand five hundred dollars; for the district of West Virginia, four thousand five hun- dred dollars; for the eastern district of Wisconsin, four thousand dollars; for the western district of Wisconsin, four thousand dollars; for the district of Wyoming, four thousand dollars. (May 28, 1896, c. 252, § 7, 29 Stat. 180.) - - Other provisions for salaries, see §§ 1053, 1083, 1348–1350, 1354, 1355, 1357, 1360–1362, 1370–1373, 1435, 1437, 1442–1445, 1447, 1450. Current appropriation for salaries of district attor- neys, see Act June 12, 1917, c. 27, § 1, 40 Stat. 157. § 1420. Assistant distºrict attorneys; expenses of district attorney and assistants; official resi- demee—Whenever, in the opinion of the district judge of any district or the chief justice of any territory and the district attorney, evidenced by writing, the public interest requires it, one or more assistant dis- trict attorneys may be appointed, by the Attorney- General; but such Opinion shall state to the Attor- Iney-General the facts as distinguished from conclu- sions, showing the necessity therefor. Such assistant district attorneys shall be paid such salary as the Attorney-General may from time to time determine aS to each, which shall in no Case exceed two thou- sand five hundred dollars per annum : Provided, That the necessary expenses for lodging and subsistence actually paid, not exceeding four dollars per day and actual and necessary traveling expenses of the dis- trict attorney and his assistants, while absent from their respective official residences and necessarily em- ployed in going to, returning from, and attending be- fore any United States court, commissioner, or other COmmitting magistrate, and While Otherwise neces- sarily absent from their respective Official residences on official business shall be allowed and paid in the manner hereinafter provided. The Attorney-General is authorized to fix and de- clare the place of the official residence of the district attorney and of each of his assistants: Provided, That the said assistants must be residents of the dis- trict for which they are appointed. (May 28, 1896, c. 252, § 8, 29 Stat. 181.) . Further as to assistant district attorneys, see §§ 538, 1431, 1434, 1437, 1439, 1441–1443, 1447. Current appropriation for assistant district attorneys, see Act June 12, 1917, c. 27, § 1, 40 Stat. 157. . § 1421. Marshals; salaries—The United States marshal for each judicial district of the United States shall be paid, in lieu of the salaries, fees, percentums, and other. compensation now allowed by law, an an- nual Salary as follows: For the northern and middle districts of the State of Alabama, each four thousand dollars; for the southern district of the State of Ala- bama, three thousand dollars; for the Territory of Arizona, four thousand dollars; for the eastern dis- trict of Arkansas, four thousand dollars ; for the western district of Arkansas, five thousand dollars; for the northern district of California, four thousand dollars; for the southern district of California, three thousand dollars; for the district of Colorado, four for the eastern, middle, for for the district Of p tWO thousand dollars; thousand dollars; for the district of Connecticut, two thousand dollars; for the district of Delaware, two thousand dollars; for the District of Columbia, five thousand five hundred dollars; for the northern and Southern districts of Florida, each three thousand dol- lars; for the northern district of Georgia, five thou- Sand dollars; for the southern district of Georgia, three thousand five hundred dollars; for the district Of Idaho, three thousand dollars; for the northern district of Illinois, five thousand dollars; for the Southern district of Illinois, four thousand five hun- dred dollars; for the district of Indiana, four thou- Sand five hundred dollars; for the northern and south- ern districts of Iowa, each four thousand dollars; for the district of Kansas, four thousand dollars; for the district of Kentucky, five thousand dollars; for the eastern district of Louisiana, three thousand dol- lars; for the Western district of Louisiana, two thou- sand five hundred dollars; for the district of Maine, three thousand dollars; for the district of Maryland, three thousand five hundred dollars; for the district of Massachusetts, five thousand dollars; for the east- ern district of Michigan, four thousand dollars; for the Western district of Michigan, three thousand dol- lars; for the district of Minnesota, four thousand dollars; for the northern and southern districts of Mississippi, each three thousand dollars; for the east- ern district of Missouri, four thousand dollars; for the Western district of Missouri, four thousand dol- lars; for the district of Montana, three thousand five hundred dollars; for the district of Nebraska, three thousand five hundred dollars; for the district Of Nevada, two thousand five hundred dollars; for the district of New Hampshire, two thousand dollars; for the district of New Jersey, three thousand dollars; for the district of New Mexico, four thousand dollars; for the northern district of New York, five thousand dollars; for the eastern district of New York, four thousand dollars; for the southern district of New York, five thousand dollars; for the eastern district of North Carolina, four thousand dollars; for the Western district of North Carolina, four thousand five hundred dollars; for the district of North Dakota, four thousand dollars; for the northern and South- ern districts of Ohio, each four thousand dollars; for the district of Oklahoma, five thousand dollars; for the district of Oregon, four thousand dollars; for the eastern district of Pennsylvania, four thousand dol- lars; for the western district of Pennsylvania, four thousand dollars; for the district of Rhode Island, - for the eastern and western Öistricts of the district of South Carolina, four thou- Sand five hundred dollars, two thousand five hundred dollars Of Which shall be for the performance of the duties of marshal of the western district ; for the dis- trict of South Dakota, four thousand dollars; for the eastern, middle, and western districts of Tennessee, each four thousand dollars; for the northern district Of Texas, three thousand dollars; for the eastern dis- trict of Texas, five thousand dollars; for the western district of Texas, four thousand dollars; for the dis- trict of Utah, three thousand five hundred dollars; for the district of Vermont, two thousand five hun- dred dollars; for the eastern district of Virginia, three thousand five hundred dollars; for the western district of Virginia, four thousand dollars; for the district of Washington, four thousand dollars; for the district of West Virginia, four thousand dollars; for the eastern district of Wisconsin, four thousand dollars; for the western district of Wisconsin, four thousand dollars; for the district of Wyoming, three thousand five hundred dollars. (May 28, 1896, c. 252, § 9, 29 Stat. 181.) º Further as to marshals' salaries, see §§ 1053, 1083, 1848- 1350, 1353-1355, 1357, 1361, 1362, 1366, 1367, 1370–1373, 1437, 1440, 1444–1446, 1449, 1450. § 1422. Same; office deputies and clerks— When in the opinion of the Attorney-General the pub- lic interest requires it, he may, on the recommenda- tion Of the marshal, which recommendation shall State Ch. 16) 3 1432 THE JUDICIARY [Page 1971 the facts as distinguished from conclusions, showing necessity for the same, allow the marshals to employ necessary Office deputies and clerical assistance, upon salaries to be fixed by the Attorney-General, from time to time, and paid as hereinafter provided. When any of such office deputies is engaged in the service of any writ, process, Subpoena, or other Order of the Court. Or when necessarily absent from the place of his regular employment, on official business, he shall be allowed his actual traveling expenses only, and his necessary and actual expenses for lodging and Sub- Sistence, not to exceed three dollars per day, and the necessary actual expenses in transporting prisoners, including necessary guard hire; and he shall make and render accounts thereof as hereinafter provided. (May 28, 1896, c. 252, § 10, 29 Stat. 182, amended, Feb. 19, 1909, c. 161, 35 Stat. 640.) See § 1304. * § 1423. Same; field deputies–At any time when, in the opinion of the marshal of any district, the pub- lic interest will thereby be promoted, he may appoint One Or more deputy marshals for such district, Who Shall be known as field deputies, and, who, unless SOOner removed by the district court as now provided by law, shall hold office during the pleasure of the Imarshal, except as hereinafter provided, and ' who Shall each, as his compensation, receive the gross fees, including mileage, as provided by law, earned by him, not to exceed One thousand five hundred dollars per fiscal year, or at that rate for any part of a fiscal year; and in addition shall be allowed his actual necessary expenses, not exceeding two dollars a day, While endeavoring to arrest, under process, a person Charged with or convicted of crime: Provided, That a field deputy may elect to receive actual expenses on any trip in lieu of mileage: Provided further, That in Special cases, where in his judgment justice requires, the Attorney-General may make an additional allow- ance, not, however, in any case to make the aggre- gate annual Compensation of any field deputy in ex- CeSS Of tWO thousand five hundred dollars nor more than the gross fees earned by such field deputy. The Imarshal, immediately after making any appointment Or appointments under this section, shall report the Same to the Attorney-General, stating the facts as distinguished from conclusions constituting the rea- SOn for such appointment, and the Attorney-General may at any time cancel any such appointment as the public interest may require. (May 28, 1896, c. 252, § 11, 29 Stat. 182, amended, March 4, 1911, c. 269, 36 Stat. 1355.) . . See §§ 1070b, 1304. , * § 1424. Same; expenses; official residence— The marshal, when attending court at any place other than his Official residence, and when engaged in the service or attempted service of any process, writ, or Subpoena, and When Otherwise necessarily absent from his Official residence on Official business, shall be al- lowed his necessary expenses for lodging and subsist- 'ence, not exceeding four dollars per day and his ac- tual necessary traveling expenses. He shall also be allowed the actual necessary expenses in transport- ing prisoners, including necessary guard hire. An account of such expenses shall be made Out and paid as hereinafter provided. The marshal’s official resi- dence shall be deemed to be at one of the places of holding court in the district, and the Attorney-Gen- eral shall be authorized to fix and declare the place of such official residence. (May 28, 1896, c. 252, § 12, 29 Stat. 183.) See § 1332. § 1425. Attorney's and marshals; expense ac- counts—Whenever in this Act an Officer is allowed actual expenses the account therefor shall be made out quarterly, in accordance with rules and regula- tions prescribed by the Attorney-General. When made Out the acCOunt shall be verified. On Oath before an Officer authorized to administer Oaths. The expense accounts of the marshals and their office deputies and the accounts of the field deputies shall be paid General. 1896, c. 252, by the marshals; Said a CCOunts and the expense a C- Counts of the district attorneys and their assistants When made Out in a CCOrdance With this Act shall be submitted to and examined by the circuit Court Or district Court of the district, and When approved by the Court shall be audited and allowed as now pro- vided by law. Each marshal Shall make Such re- turns Of the earnings and expenses Of his Office as shall be required under rules and regulations prescrib- ed by the Attorney-General: Provided, That no office or field deputy shall receive compensation as bailiff, and no field deputy shall receive fees for represent- ing the marshal in court. (May 28, 1896, c. 252, § 13, 29 Stat. 183.) See §§ 1416, 1417, 1443. Current appropriation for sala- ries, etc., of marshals, etc., see Act June 12, 1917, c. 27, § 1, 40 Stat. 156. § 1426. Same; office expenses—The necessary office expenses of the district attorneys and marshals shall be allowed when authorized by the Attorney- (May 28, 1896, c. 252, § 14, 29 Stat. 183.) See §§ 1439, 1448. § 1427. Attorneys; clerical assistance-The district attorney of any judicial district, when the facts showing the necessity therefor are certified by the district judge to the Attorney-General, may, with the approval of the Attorney-General, and no longer than such approval lasts, employ necessary Clerical assistance at such salary Or salaries as shall be from time to time fixed by the Attorney-General. (May 28, § 15, 29 Stat. 183.) p See §§ 1431, 1437, 1448. § 1428. Time of payment of salaries—All Sal- aries provided by sections six to fifteen, inclusive, of this Act shall be paid monthly by the Department of Justice. (May 28, 1896, c. 252, § 16, 29 Stat. 183.) § 1429. Costs not affected—Sections six to fif- teen, inclusive, of this Act shall not be so construed as to prevent or affect the amount or taxation of costs against the unsuccessful party in Civil pro- ceedings or against defendants convicted Of Crimes or misdemeanors. (May 28, 1896, c. 252, § 17, 29 Stat. 183.) § 1430. IIIegal fees; failure to account for or pay over fees—Amy officer whose compensation is fixed by sections six to fifteen, inclusive, of this Act who shall directly or indirectly demand, receive, Or accept any fee or compensation for the performance of any official service other than is herein provided, or shall willfully fail or neglect to account for Or pay over to the proper officer any fee received Or collected by him shall, upon conviction thereof, be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment, at the discretion of the court, not exceeding five years, or by both such fine and imprisonment. (May 28, 1896, c. 252, § 18, 29 Stat. 183.) § 1431. Repeal; exceptions from provisions of act—All Acts and portions of Acts inconsistent with this Act are hereby repealed: Provided, That none of the provisions of sections six to twenty-three, both inclusive, of this Act shall apply to the Terri- tory of Alaska, and said sections shall take effect and be in force on and after the first day Of July, eighteen hundred and ninety-six, except as in Said sections otherwise specially provided: ProVided fur- ther, That none of the provisions of Sections Six, eight or fifteen of this Act shall apply to the Office of the United States District Attorney and his aS- sistants for the southern district Of New York, Or for the District of Columbia. (May 28, 1896, C. 252, § 24, 29 Stat. 186, amended, Feb. 19, 1897, c. 265, § 1, 29 Stat. 577.) See §§ 1435, 1436, 1439, 1442, 1448. § 1432. District attorneys; traveling expens- es—The necessary expenses for lodging and Subsist- ence actually paid, not exceeding four dollars per day and actual and necessary traveling expenses of the United States district attorneys and their assistants, while absent from their respective official residences 3 1433 (Tit. 13 THE JUDICIARY for shall be made Out monthly in accordance with * [Page 1981 and necessarily employed in going to, returning from, and attending before any United States court, com- missioner, or other committing magistrate, and While otherwise necessarily absent from their respective Official residences On Official business shall be allow- ed and paid in the following manner: That the ac- Counts of the United States attorneys and assistant United States attorneys for expenses herein provided rules and regulations prescribed by the Attorney- General. And when said expense accounts are made out, as hereinbefore provided, and verified on Oath before an Officer authorized by law to administer Oaths, they shall be submitted to and examined by one of the judges of the circuit court or district COurt Of the district for which Said United States attorney or assistant United States attorney was ap- pointed, and when approved by said judge, may be al- 10Wed and paid by the United States marshal for said district, and the amount of such payments shall be included in said marshal’s accounts with the United States, and audited and allowed as now provided by law. (May 27, 1908, c. 200, § 1, 35 Stat. 375.) § 1433. Marshals; authority to administer oaths—Each United States marshal and each chief deputy United States marshal is hereby authorized and empowered to administer oaths to the marshal's deputies and other persons presenting to the marshal Claims and accounts for payment: Provided, That the United States marshal or chief deputy marshal Shall not be entitled to any fee for administering such Oaths. (Feb. 21, 1911, c. 144, 36 Stat. 927.) § 1434. TXistrict attorneys; limitation compensation not applicable to first assistant district attorney for northern district of Illinois —The provisions of section eight of the legislative appropriation Act approved May twenty-sixth, eight- een hundred and ninety-six, limiting the compensa- tion of United States assistant district attorney to not exceeding two thousand five hundred dollars per annum, Shall not apply to the first assistant district attorney for the northern district of Illinois. (March 3, 1903, c. 1007, § 1, 32 Stat. 1141.) See § 1441. § 1435. Same; no fees of office in addition to salary—In no case except in the District of Colum- bia Shall United States District Attorneys hereafter receive fees of office in addition to the salary allowed #, by law. (March 3, 1905, c. 1483, § 1, 33 Stat. 7. § 1436. Same; southern district of New York; salary—The District Attorney for the southern district of New York shall hereafter receive a salary Of ten thousand dollars per annum. (March 3, 1905, c. 1483, § 1, 33 Stat. 1207.) g § 1437. Marshals; distriet of Edaho and southern district of California; salaries—The an- nual Salaries of the United States marshals for the district of Idaho and the southern district of Cali- fornia are hereby fixed at four thousand dollars, re- spectively. (June 30, 1906, c. 3914, § 1, 34 Stat. 753.) § 1438. District attorneys; district of Idaho and southern district of California; salaries— The annual salaries of the United States district at- torneys for the district of Idaho and the southern dis- trict of California are hereby fixed at four thousand dollars, respectively. Stat. 753.) § 1439. Same; clerks and messengers for southern district of New York-Clerks and messen- gers in the Office of the United States district attor- ney for the southern district of New York shall hereafter be paid from this appropriation and subse- Quent appropriations for salaries and expenses of district attorneys, Department of Justice, in such number and at such Salaries as may be fixed by the Attorney-General, and that such office expenses of said district attorney as may be approved by the Attorney-General shall also eight hundred and thirty-six, Revised Statutes. of (June 30, 1906, c. 3914, § 1, 34. by the disbursing Clerk of the be paid in the same manner and from the same ap- propriations as similar expenses in other judicial districts, notwithstanding the provisions of section (June 30, 1906, c. 3914, § 1, 34 Stat. 753.) § 1440. Marshals; district of Nebraska; sal- ary–From and after the first day of July, nineteen hundred and seven, the salary of the marshal for the district of Nebraska shall be four thousand dollars per annum. (Feb. 27, 1907, c. 2073, § 13, 34 Stat. 1000.) § 1441. District attorneys; northern district of Illinois; salary—All laws fixing the annual sal- aries of the United States attorney for the Southern district of New York, and of assistants in his office, Shall hereafter apply in all respects to and be con- Strued as fixing the annual salaries of the United States attorney for the northern district of Illinois, and of assistants in his office. , (March 4, 1907, c. 2918, § 1, 34 Stat. 1360) - § 1442. Same; southern district of New York; traveling expenses—The necessary expenses for lodg- ing and subsistence actually paid, not exceeding four dollars per day, and actual necessary traveling expens- es of the district attorney for the Southern district Of New York and his assistants, while absent from their respective Official residences and necessarily em- ployed in going to, returning from, and attending be- fore any United States court, commissioner, or other committing magistrate, and while otherwise necessa- rily absent from their respective Official residences on Official business, shall be allowed and paid in the same manner and from the same appropriation as similar expenses in other judicial districts. (March 4, 1907, c. 2918, § 1, 34 Stat. 1360.) See § 1432. § 1443. Same; eastern distriet of Pennsylva- nia; salary—The annual salary of the United States attorney for the eastern district of Pennsylvania shall be, after the beginning of the fiscal year nineteen hun- dred and nine, six thousand dollars; and the annual salary of his first assistant shall be, after the begin- ning of the fiscal year nineteen hundred and nine, such sum as the Attorney General shall from time to time fix and determine, not to exceed four thousand dollars. (May 27, 1908, c. 200, § 1, 35 Stat. 375.) § 1444. District attorneys and marshals; eastern and western districts of Oklahoma; sala- ries—The United States district attorney for the east- ern district of Oklahoma shall receive a salary of four thousand dollars per annum, payable monthly, in twelve equal installmentS. - The United States district attorney for the western district Of Oklahoma shall receive a salary of four thousand dollars per annum, payable monthly, in twelve equal installments. - The United States marshal for the eastern district of Oklahoma shall receive a salary of four thousand dollars per annum, payable monthly, in twelve equal installments. * The United States marshal for the Western district of Oklahoma shall receive a salary of four thousand dollars per annum, payable monthly, in twelve equal installments. (March 3, 1909, c. 269, § 21, 35 Stat. 843.) r § 1445. Sarne; district attorneys of Texas; salaries—From and after July first, nineteen hundred and ten, each United States district attorney and mar- shal of any Texas district shall receive as salary the sum of four thousand dollars per annum. (June 25, 1910, c. 397, 36 Stat. 828.) - § 1446. IMarshals; eastern district of Louisi- ana; salary—Commencing with the fiscal year begin- ning July first, nineteen hundred and ten, the salary of the United States marshal for the eastern district Of Louisiana be fixed at the rate of four thousand dollars per annum. (June 25, 1910, c. 411, 36 Stat. 838.) § 1447. District attorneys; districts of New Jersey and Nevada; salaries—Beginning July first, nineteen hundred and eleven, the Salary Of the United Ch. 16) ź 1455. THE JUDICIARY IPage 199] States attorney for the district of New Jersey shall be five thousand dollars per annum: And provided further, That the annual salary of the United States attorney for the district of Nevada shall be, after the beginning . Of the fiscal year nineteen hundred and twelve, four thousand dollars. (March 4, 1911, c. 285, § 1, 36 Stat. 1426.) - r: § 1448. District attorneys; District of Co- lumbia; payment to deputies—The United States district attorney for the District of Columbia shall hereafter pay to his deputies or assistants not ex- ceeding in all $15,000 per annum ; also his clerical and messenger hire not exceeding $10,000; office rent, fuel, stationery, printing, and other incidental expenS- es not exceeding $2,500, out of the fees of his Office: Provided, That no expenses other than those above specified shall be allowed. (June 12, 1917, c. 27, § 1, 40 Stat. 157.) § 1449. Marshals; district of Connecticut; salary—From and after the passage of this Act the salary of the United States marshal for the district of Connecticut shall be at the rate of two thousand five hundred dollars a year. (April 8, 1912, c. 71, 37 Stat. 79.) - § 1450. District attorneys and marshals; west- ern district of Arkansas; salaries—The Salaries of the United States district attorney and the United States marshal for the western district of Arkansas shall hereafter be $4,000 per annum each. (June 23, 1913, c. 3, § 1, 38 Stat. 54.) § 1450a. Marshals; western district of Mich- igan; salary—From and after the passage of this a Ct. the salary of the United States marshal for the West- ern district of Michigan shall be at the rate of $4,000 a year. (June 13, 1918, c. 98, 40 Stat.) COMMISSIONERS’ FEES (R. S. § 847. Superseded.) This section related to commissioners’ fees... It Was Su- perseded by Act May 28, 1896, c. 252, §§ 19, 21 (§§ 1337, 1451). § 1451. Enumeration—Each United States Com- missioner shall be entitled to the following-named fees, and none other: Drawing a complaint, with oath and jurat to same, fifty cents; copy of complaint, With certificate to same, thirty cents; issuing Warrant of arrest, seventy-five cents; issuing a commitment and making copy of same, one dollar; entering a return, fifteen cents; issuing subpoena or Subpoenas in any One case, with five cents for each necessary Witness in ad- dition to the first, twenty-five cents; drawing a bond of defendant and sureties, taking acknowledgment of same and justification of sureties, Seventy-five Cents; for administering an oath (except to witness as to at- tendance and travel), ten cents; recognizance of all witnesses in a case, when the defendant or defend- ants are held for court, fifty cents; transcripts of proceedings, when required by Order of Court and transmission of original papers to Court, Sixty cents; copy of warrant of arrest, with certificate to same, . when defendant is held for court, and the Original papers are not sent to court, forty Cents; Order in duplicate to pay all witnesses in a case: For first wit- ness, thirty cents, and for each additional witness, five cents, and for oath to each witness as to attend- ance and travel, five cents; for hearing and deciding on criminal charges and reducing the testimony to writing when required by law or order of court, five dollars a day for the time necessarily employed: Pro- vided, That not more than one per diem shall be al- lowed in a case, unless the account shall show that the hearing could not be completed in One day, when one additional per diem may be Specially approved and allowed by the court: Provided further, That not more than one per diem shall be allowed for any one day: Provided further, That no per diem shall be al- lowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the Sureties thereon. When the bond Or recognizance was taken after the defendant had been Committed to pris- On upon a final commitment, or has given bond or been recognized for his appearance at Court, or when the defendant has been arrested on a capias or bench Warrant, or was in custody under any process or order Of a Court of record. For the examination and certifi- Cate in Cases of application for discharge of poor con- victs imprisoned for nonpayment of fine or fine and costs, and all services connected therewith, three dol- lars; for attending to a reference in a litigated matter, in a civil cause at law, in equity, or in admiralty, in pursuance Of an order of the Court, three dollars a Clay ; for taking and Certifying depositions to file in civil cases, ten cents for each folio; for each copy of the same furnished to a party on request, ten cents for each folio; for issuing any warrant under the tenth article of the treaty Of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Bri- tain and Ireland, against any parties Charged with any crime or offense set forth in said article, two dol- lars; for issuing any warrant under the provision Of the convention for the surrender of Criminals between the United States and the King of the French, COnº. cluded at Washington, November ninth, eighteen hun- dred and forty-three, two dollars; for hearing and de- ciding upon the case of any person charged with any crime or offense, and arrested under the provisions Of said treaty or of said convention, five dollars a day for the time necessarily employed. (May 28, 1896, c. 252, § 21, 29 Stat. 184.) Further as to commissioners’ fees, see §§ 3940, 1417, 1462, 1463, 4333, 101.17, and Title XXXII B. WITNESSES’ FEES § 1452. Enumeration—For each day’s attendance in court, or before any officer pursuant to law, One dollar and fifty cents, and five cents a mile for going from his place of residence to the place of trial Or hearing, and five cents a mile for returning. When a witness is subpoenaed in more than one cause between the same parties, at the same court, only One travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the Case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the Order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of One dollar a day. (R. S. § 848.) Q Further as to fees, see §§ 1453. 1461. 4500, 8425, 8587. § 1453. Fees and mileage of jurors and wit- , messes—Jurors and witnesses in the United States Courts in the States Of Wyoming, Montana, Washing- ton, Oregon, California, Nevada, Idaho, Colorado, and Utah, and in the Territories of New Mexico and Ari- zona shall be entitled to receive for actual attendance at any Court Or Courts and for the time necessarily OC- cupied in going to and returning from the same, three dollars a day, and fifteen cents for each mile necessa- rily traveled over any stage line, or by private convey- ance, and five cents for each mile by any railway or Steamship in going to and returning from Said Courts: Provided, That no constructive or double mileage fees shall be allowed by reason. Of any perSOn being Sum- moned as both a witness and juror, Or as a witness in two or more cases pending in the same court and tria- ble at the same term thereof. (May 27, 1908, c. 200, § 1, 35 Stat. 377.) - - § 1454. No officer of court to have witness fees—No officer of the United States courts, in any State or Territory, or in the District of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating. (R. S. § 849.) ... - § 1455. Expenses of officers of United States as witnesses—When any clerk Or other Officer of the |United States, is sent away from his place of business as a witness for the GOVernment, his necessary ex- penses, stated in items and SWOrn to, in going, return- § 1456 (Tit. 13 THE JUDICIARY ing, and attendance on the court, shall be audited and paid ; but no mileage or other compensation in addi- tion to his salary, shall in any case be allowed. (R. S. § 850.) - § 1456. Seamen as witnesses—There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, Sea, Or Ocean, by any United States minister, Chargé d'affaires, consul, captain, or commander, to give tes- timony in any criminal case depending in any Court Of the United States, such compensation, exclusive of subsistence and transportation as such court may adjudge to be proper, not exceeding One dollar for each day necessarily employed in such Voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into Consideration the condition of said seaman Or Witness, and whether his voyage has been broken up, to his injury, by his being sent to the United States. When Such Seaman or person is transported in an armed Vessel. Of the United States no charge for sub- Sistence or transportation shall be allowed. When he is transported in any other vessel, the Compensa- tion for his transportation and Subsistence, not ex- ceeding in any case fifty cents a day, may be fixed by the Court, and shall be paid to the Captain Of Said Vessel accordingly. (R. S. $ 851.) JURORS’ FEES § 1457. Grand and petit jurors; fees—For actual attendance at any Court Or courts, and for the time necessarily occupied in going to and returning from the same, three dollars a day during such at- tendance. . . - For the distance necessarily traveled from their residence in going to and returning from said court by the shortest practicable route, five cents a mile. (R. S. § 852.) - Further as to fees, see §§ 1453, 1458, 1461. § 1458. Same; per diem-On and after the pas- Sage of this Act the per diem pay of each juror, grand Or petit, in any Court Of the United States, shall be three dollars a day instead of two dollars a day as now provided by law. (June 21, 1902, c. 1138, 32 Stat. 396.) - PHINTERS’ EVEES § 1459. Printers’ fees—For publishing any no- tice, or order, required by law, or the lawful order of any Court, Department, Bureau, Or Other person, in any newspaper, except as mentioned in Sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty-eight hundred and twenty-five, Title, “Public Printing, Advertise- ments, and Public Documents,” forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. The Compensation here- in provided shall include the furnishing of lawful evi- dence, under oath, Of publication, to be made and fur- nished by the printer or publisher making such pub- lication. (R. S. § 853.) - - . See § 7185. § 1460. Meaning of folio—The term folio, in this chapter, shall mean one hundred words, count- ing each figure as a word. When there are over fifty and under One hundred WOrds, they shall be counted as one folio ; but a less number than fifty words shall not be counted, except when the whole statute, no- tice, or order contains less than fifty words. (R. S. $ 854.) - FEES, HOW PAID AND RECOVERED § 1461. Jurors; paid by marshal–In cases where the United States are parties, the marshal shall, on the Order Of the Court, to be entered On its minutes, pay to the jurors and witnesses all fees to which they appear by such order to be entitled, which sum shall be allowed him at the Treasury in his ac- counts. (R. S. $ 855.) IPage 200] § 1462. Attorneys, marshals, and commission- ers—The fees of district attorneys, clerks, marshals, and COmmissioners, in cases where the United States are liable to pay the same, shall be paid on settling their accounts at the Treasury. (R. S. § 856.) Superseded as to district attorneys, except in District of Columbia, by §§ 1418-1430. § 1463. Recovery of fees—The fees and compen- sations of the officers and persons hereinbefore men- tioned, except those which are directed to be paid Out Of the Treasury, shall be recovered in like man- ner as the fees of the Officers of the States respective- ly for like services are recovered. (R. S. § 857.) Sec. 1464. 1465. 1466. 1467. 1468. .’ Same; second Edition of Revised Statutes; Chapter Seventeen—Evidence Competency of witnesses; civil cases. Same; defendants in criminal cases. Same; husband or wife of defendant in prosecution for bigamy. Testimony of witnesses before Congress. Proof in Common-law actions. Production of books and Writings. Proof in equity and admiralty. Comparison of handwriting. Depositions de bene esse. Mode of taking depositions de bene esse. Same; transmission to Court. Depositions, acknowledgments and affidavits; notaries public. J - Depositions; mode of taking. Depositions; dedimus potestatem and in perpetuam. Depositions in perpetuam; admissible at discretion of Court. Deposition under dedimus potestatem; how taken. Same; subpoena, duces tecum. Same; witnesses; when required to attend. Depositions in District of Columbia, in suits pending elsewhere. - - Same; commission or notice. manner of taking and transmitting. Same; Witness fees. Letters TOgatory. - Witnesses; subpoenas; may run into another district. Same; subpoena; form; attendance under. Same; for indigent defendants in criminal cases. Same; recognizance; at hearing of charges in Criminal Ca,SéS. Same; recognizance; Vermont. Same; recognizance; when required. Same; attachment without previous subpoena in prose- cutions. Copies of Department records and papers. Same; in office of Solicitor of the Treasury. Instruments and papers of Comptroller of Currency. Organization certificates of national banks. Transcripts from books of Treasury; suits against de- linquents. Same; certificate by Secretary or Assistant Secretary. Same; indictments for embezzlement of public moneys. Copies of returns in returns-office. - Copies of Post-Office records and Auditor's statement of accounts. - Copies of statements of demands by Post-Office Depart- Iment. Copies of records of General Land-Office. Copies of records of Patent-Office. Copies of foreign letters-patent. Copies of specifications and drawings of patents. Extracts from Journals of Congress. Copies of records in offices of United States consuls. Books and papers in certain district courts. - Records in clerks’ offices, Western district of North Car- Olina. - Records in clerks’ offices of former district of Califor- Ilia. - - - Original records lost or destroyed. Same. Same. Same. Same. Same. & Legislative acts; proof of judicial proceedings of State. Proofs of records in offices not pertaining to Courts. Copies of foreign records relating to land-titles. Little & Brown’s edition of Statutes, Revised Statutes as evidence. . . Pamphlet copies and bound copies of statutes of Con- greSS; publication. - - [Superseded.] - Same; Congress as evidence. - s publication. Same; as evidence. Supplement to Revised Statutes; Same; continuation of. Same ; as evidence. Burden of proof on claimant in seizure cases. Possessory actions for recovery of mining titles. 1531. 1532. 1533. as evidence. Ch. 17) ź 1475 THE JUDICIARY [Page 2011 § 1464. Competency of witnesses; civil cases —The competency of a witness to testify in any civil action, Suit, Or proceeding in the Courts of the Unit- ed States shall be determined by the laws of the State or Territory in which the court is held. (R. S. § 858, amended, June 29, 1906, c. 3608, 34 Stat. 618.) § 1465. Same; defendants in criminal cases— In the trial of all indictments, informations, com- plaints, and Other proceedings against persons charg- ed with the commission of Crimes, offences, and mis- demeanors, in the United States Courts, Territorial Courts, and Courts-martial, and Courts of inquiry, in any State or Territory, including the District of Co- lumbia, the person so charged shall, at his own re- Quest but not Otherwise, be a competent witness. And his failure to make such request shall not Create any presumption against him. (March 16, 1878, c. 37, 20 Stat. 30.) § 1466. Same; husband or wife of defendant in prosecution for bigamy—In any proceeding Or examination before a grand jury, a judge, justice, Or a United States COmmissioner, or a Court, in any prose- cution for bigamy, polygamy, or unlawful cohabita- tion, under any statute of the United States, the law- ful husband Or wife of the person accused shall be a Competent Witness, and may be called, but shall not be compelled to testify in such proceeding, examina- tion, or prosecution without the consent of the hus- band Or wife, as the Case may be; and Such Witness shall not be permitted to testify as to any State- ment Or communication made by either husband Or wife to each other, during the existence of the mar- riage relation, deemed confidential at Common law. (March 3, 1887, c. 397, § 1, 24 Stat. 635.) § 1467. Testimony of witnesses before Con- gress—No testimony given by a Witness before either House, or before any Committee of either House of Congress, shall be used as evidence in any Criminal proceeding against him in any Court, except in a prosecution for perjury Committed in giving Such testimony. But an Official paper or record produced by him is not within the said privilege. (R. S. § 859.) See §§ 158, 159, 8577. (R. S. § 860. Repealed.) This section provided that no pleading of a party, nor any discovery or evidence obtained from a party or wit- , ness by means of a judicial proceeding in this or any for- eign country, should be given in evidence, or in any man- ner used against him or his property or estate, in any court of the United States in any criminal proceeding, or for the enforcement of any penalty or forfeiture, etc. It was repealed by Act May 7, 1910, c. 216, 36 Stat. 352. § 1468. Proof in mode of proof in the trial of actions at common law shall be by oral testimony and examination of Wit- nesses in Open court, except as hereinafter provided. (R. S. $ 861.) § 1469. Production of books and writings— In the trial of actions at law, the courts of the Unit- ed States may, on motion and due notice thereof, re- Quire the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in Cases and under Circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery. If a plain- tiff fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of nonsuit ; and if a defendant fails to com- ply with such order, the court may, on motion, give judgment against him by default. (R. S. § 724.) § 1470. Proof in equity and admiralty—The mode of proof in causes of equity and of admiralty and maritime jurisdiction shall be according to rules now or hereafter prescribed by the Supreme Court, except as herein specially provided. (R. S. $ 862.) § 1471. Comparison of handwriting—In any proceeding before a court or judicial officer of the United States where the genuineness of the hand- Writing of any person may be involved, any admitted or proved handwriting of such person shall be compe- common-law actions—The tent evidence as a basis for comparison by witnesses, Or by the jury, court, or officer conducting such pro- Ceeding, to prove or disprove such genuineness. (Feb. 26, 1913, c. 79, 37 Stat. 683.) § 1472. Depositions de bene esse—The testi- mony Of any Witness may be taken in any Civil cause Clepending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go Out Of the United States, or Out of the district in Which the Case is to be tried, and to a greater dis- tance than One hundred miles from the place of trial, before the time of trial, Or When he is ancient and infirm. The deposition may be taken before any judge Of any court of the United States, Or any COmmissioner of a circuit COurt, Or any Clerk of a district or circuit court, or any chancellor, justice, Or judge of a Supreme or superior court, mayor Or chief magistrate of a city, judge of a COunty Court or Court of Common pleas of any of the United States, or any notary public, not being Of counsel Or attorney to either of the parties, nor interested in the event Of the Cause. Reasonable no- tice must first be given in Writing by the party Or his attorney proposing to take such deposition, to the Opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and p1ace Of the taking Of his deposition ; and in all cases in rem, the person having the agency or possession of the property at the time Of Seizure shall be deemed the adverse par- ty, until a claim shall have been put in; and When- ever, by reason of the absence from the district and want of an attorney of record Or other reason, the giv- ing of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking, upon Such notice as any judge authorized to hold courts in Such Circuit or district shall think reasonable and direct. Any person may be compelled to appear and depose as pro- vided by this section, in the same manner as witness- es may be compelled to appear and testify in Court. (R. S. § 863.) - § 1473. Mode of taking depositions de bene esse—Every person deposing as provided in the pre- ceding section shall be cautioned and sworn to tes- tify the whole truth, and carefully examined. His testimony shall be reduced to Writing or typewriting by the Officer taking the deposition, or by Some per- son under his personal SuperVision, Or by the deponent himself in the officer's presence, and by no other per- son, and shall, after it has been reduced to Writing Or typewriting, be subscribed by the deponent. (R. S. $ 864, amended, May 23, 1900, c. 541, 31 Stat. 182.) Further as to depositions, etc., See §§ 165-170, 1475, 1476, 1543, 2308a, 3211, 4369, 4502, 4503, 5885, 8401, 9450. § 1474. Same; transmission to court-Every deposition taken under the two preceding Sections shall be retained by the magistrate taking it, until he delivers it with his own hand into the Court for which it is taken ; or it shall, together with a certiſi- cate of the reasons as aforesaid of taking it and Of the notice, if any, given to the adverse party, be by him sealed up and directed to such Court, and remain under his seal until opened in Court. But unless it ap- pears to the satisfaction of the court that the witness is then dead, or gone Out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that, by reason of age, sickness, bodily infirmity, Or imprisonment, he is unable to travel and appear at COUIrt, such deposi- tion shall not be used in the Cause. (R. S. $ 865.) § 1475. Depositions, acknowledgments and affidavits; notaries public—Notaries public of the Several States, Territories, and the District of Colum- bia be, and they are hereby, authorized to take dep- Ositions, and do all other acts in relation to taking a 1475 (Tit. 13 THE JUDICIARY [Page 202I testimony to be used in the courts of the United . States, take acknowledgments and affidavits, in the Same malnner and with the Same effect as Commis- Sioners of the United States circuit court may now lawfully take or do. (Aug. 15, 1876, c. 304, 19 Stat. 206.) - . See § 3259. § 1476. Depositions; mode of taking—In addi- tion to the mode of taking the depositions of witness- es in causes pending at law or equity in the district and circuit courts of the United States, it shall be lawful to take the depositions or testimony of wit- nesses in the mode prescribed by the laws of the State in which the courts are held. (March 9, 1892, c. 14, 27 Stat. 7.) & § 1477. Depositions; dedimus potestatem and in perpetuam-In any case where it is necessary, in Order to prevent a failure or delay of justice, any of the Courts of the United States may grant a dedimus potestatem to take depositions according to Common USage; and any circuit court, upon application to it as a Court of equity, may, according to the usages of Chancery, direct depositions to be taken in perpetuam rei memoriam, if they relate to any matters that may be cognizable in any court of the United States. And the provisions of sections eight hundred and sixty- three, eight hundred and sixty-four, and eight hun- dred and sixty-five, shall not apply to any deposition to be taken under the authority of this section. (R. S. § 866.) . § 1478. Depositions in perpetuam; admissi- ble at discretion of court—Any court of the United States may, in its discretion, admit in evidence in any cause before it any deposition taken in perpetuam rei. memoriam, which would be so admissible in a court of the State wherein such cause is pending, according, to the laws thereof. (R. S. § 867.) § 1479. Deposition under dedimus potestatem; how taken—When a commission is issued by any Court Of the United States for taking the testimony Of a witness named therein at any place within any district or Territory, the clerk of any court of the Lnited States for Such district or Territory shall, On the application of either party to the suit, or of his agent, issue a subpoena for such witness, COmmanding him to appear and testify before the commissioner named in the Commission, at a time and place Stated in the subpoena ; and if any witness, after being duly served with such subpoena, refuses or neglects to ap- pear, or, after appearing, refuses to testify, not being privileged from giving testimony, and such refusal or neglect is proven to the satisfaction of any judge Of the Court whose Clerk issues such subpoena, Such judge may proceed to enforce Obedience to the pro- cess, or punish the disobedience, as any Court of the United States may proceed in case of disobedience to process of subpoena to testify issued by Such Court. (R. S. § 868.) : § 1480. Same; subpoena, duees teeum—When either party in such suit applies to any judge of a United States court in such district or Territory for a subpoena commanding the witness, therein to be nam- ed, to appear and testify before said Commissioner, at the time and place to be stated in the subpoena, and to bring with him and produce to such commis- Sioner any paper or writing or written instrument or book or other document, supposed to be in the pos- session or power of such witness, and to be described in the subpoena, such judge, on being satisfied by the affidavit of the person applying, or otherwise, that there is reason to believe that such paper, writing, written instrument, book, or Other document is in the possession or power of the witness, and that the same, if produced, would be competent and material evi- dence for the party applying therefor, may order the clerk of said court to issue such subpoena accordingly. And if the witness, after being served with such sub- poena, fails to produce to the Commissioner, at the time and place stated in the subpoena, any such paper, proCeSS issued by Such Court. Writing, written instrument, book, or other document, being in his possession or power, and described in the Subpoena, and such failure is proved to the satisfac- tion of Said judge, he may proceed to enforce obedi- ence to said process of subpoena, or punish the dis- Obedience in like manner as any court of the United States may proceed in case of disobedience to like When any such paper, Writing, written instrument, book, or other document is produced to such commissioner, he shall, at the COSt Of the party requiring the same, cause to be made a Correct copy thereof, or of So much thereof as shall be required by either of the parties. (R. S. § 869.) § 1481. Same; witnesses; when required to attend—No Witness shall be required, under the pro- visions of either of the two preceding sections, to at- tend at any place out of the county where he resides, nor more than forty miles from the place of his resi- dence, to give his deposition ; nor shall any witness be deemed guilty of contempt for disobeying any sub- pOena directed to him by virtue of either of the said Sections, unless his fee for going to, returning from, and One day’s attendance at, the place of examination, are paid or tendered to him at the time of the Service of the subpoena. (R. S. § 870.) § 1482. Depositions in District of Columbia, in suits pending elsewhere—When a commission to take the testimony of any witness found within the District of Columbia, to be used in a suit depending in any State or territorial or foreign court, is issued from Such Court, or a notice to the same effect is given according to its rules of practice, and such com- mission or notice is produced to a justice of the Su- preme Court of said District, and due proof is made to him that the testimony of such witness is material to the party desiring the same, the said justice shall issue a summons to the witness, requiring him to appear before the Commissioners named in the Com- mission or notice, to testify in such suit, at a time and at a place within said District therein specified. (R. S. § 871.) § 1483. Same; commission or notice—When it Satisfactorily appears by affidavit to any justice of the Supreme Court of the District of Columbia, or to any Commissioner for taking depositions appointed by Said Court—First. That any person within said District is a material witness for either party in a Suit pending in any State or territorial or foreign Court; Second. That no commission nor notice to take the testimony Of Such witness has been issued or given; and Third. That, according to the practice of the Court in which the suit is pending, the deposi- tion. Of a witness taken without the presence and Con- sent Of both parties will be received on the trial or hearing thereof, such officer shall issue his summons, requiring the Witness to appear before him at a place within the District, at some reasonable time, to be stated therein, to testify in such suit. (R. S. § 872.) § 1484. Same; manner of taking and trans- mitting—Testimony obtained under the two preced- ing sections shall be taken down in writing by the officer before whom the witness appears, and shall be Certified and transmitted by him to the Court in which the suit is pending, in such manner as the practice of that court may require. If any person refuses or neglects to appear at the time and place mentioned in the summons, or, on his appearance, re- fuses to testify, he shall be liable to the same penal- ties as would be incurred for a like Offense on the trial of a suit. (R. S. § 873.) § 1485. Same; witness fees—Every witness ap- pearing and testifying under the said provisions relating to the District of Columbia shall be entitled to receive for each day's attendance, from the party at whose instance he is summoned, the fees now pro- vided by law for each day he shall give attendance. (R. S. § 874.) § 1486. Letters rogatory—When any commis- Sion. Or letter rogatory, issued to take the testimony Ch. 17) 3 1496 THE JUDICIARY [Page 203] - of auy witness in a foreign country, in any suit in which the United States are parties or have an in- terest, is executed by the court or the commissioner to whom it is directed, it shall be returned by such court or commissioner to the minister or consul of the United States nearest the place where it is ex- ecuted. On receiving the same, the said minister Or consul shall indorse thereon a certificate, stating When and where the same was received, and that the said deposition is in the same Condition as When he re- ceived it; and he shall thereupon transmit the said letter or commission, so executed and Certified, by mail, to the Clerk of the court from which the same issued, in the manner in which his official dispatches are transmitted to the Government. And the testi- mony of witnesses SO taken and returned shall be read as evidence On the trial Of the Suit in Which it was taken, without objection as to the method of re- turning the same. When letters rogatory are address- ed from any court of a foreign country to any circuit Court of the United States, a commissioner of such circuit court designated by said Court to make the examination. Of the Witnesses mentioned in Said let- ters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in Courts. (R. S. § 875, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) See §§ 7619-7622. - . . § 1487. Witnesses; subpoenas; may run into another district—Subpoenas for witnesses Who are required to attend a court of the United States, in any district, may run into any other district: Provided, That in Civil causes the witnesses living Out Of the district in which the court is held do not live at a greater distance than one hundred miles from the place of holding the same. (R. S. § 876.) See § 8835l. º § 1488. Same; subpoena; form; attendance under—Witnesses who are required to attend any term of a circuit or district court on the part of the United States, shall be subpoenaed to attend to testify generally on their behalf, and not to depart the court without leave thereof, or of the district attorney; and under such process they shall appear before the grand or petit jury, or both, as they may be required by the court or district attorney. (R. S. § 877.) Patent cases, see §§ 9451–9453; land office cases, see §§ 4499, 4501; courts-martial, see § 2308a. § 1489. Same; for indigent defendants in criminal cases—Whenever any person indicted in a Court of the United States makes affidavit, setting forth that there are Witnesses Whose evidence is Ima- terial to his defense; that he Cannot safely go to trial without them. ; what he expects to prove by each of them ; that they are within the district in which the Court is held, Or within One hundred miles of the place of trial; and that he is not possessed of Sufficient means, and is actually unable to pay the fees Of Such witnesses, the Court in term, Or any judge thereof in vacation, may order that such witnesses be subpoenaed if found within the limits aforesaid. In such case the costs in Curred by the process and the fees Of the Witnesses shall be paid in the Same manner that similar costs and fees are paid in case of wit- nesses subpoenaed in behalf of the United States. (R. S. § 878.) - § 1490. Same; recognizance; at hearing of charges in criminal cases—Any judge or other Offi- Ger who may be authorized to arrest and imprison or bail persons charged with any crime or offense against the United States may, at the hearing of any Such charge, require Of any witness produced against the prisoner, On pain. Of imprisonment, a recognizance, with Or without Sureties, in his discretion, for his ap- pearance to testify in the case. And where the Crime or offense is charged to have been committed on the high seas, or elsewhere within the admiralty and mar- itime jurisdiction of the United States, he may, in his discretion, require a like recognizance, with such Sureties as he may deem necessary, of any Witness produced in behalf of the accused, whose testimony in his Opinion is important, and is in danger of being otherwise lost. (R. S. § 879.) - See § 1674. - § 1491. Same; recognizance; Vermont—In the district of Vermont, all recognizances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable either in the district or circuit court thereof, shall be to the circuit Court next thereafter to be held in the Said district. (R. S. § 880.) - § 1492. Same; recognizance; when required- Any judge of the United States, on the application Of a district attorney, and on being satisfied by proof that the testimony of any person is competent and Will be necessary on the trial of any criminal pro- ceeding in which the United States are parties or are interested, may compel such person to give recogni- Zance, With or without sureties, at his discretion, to appear to testify therein; and, for that purpose, may issue a warrant against such person, under his hand, With or without seal, directed to the marshal or Other Officer authorized to execute process in behalf of the United States, to arrest and bring before him Such person. If the person so arrested neglects or refuses to give recognizance in the manner required, the judge may issue a warrant of commitment against him, and the Officer shall convey him to the prison Imentioned therein. And the said person shall remain in Confinement until he is removed to the court for the purpose Of giving his testimony, or until he gives the recognizance required by said judge. (R. S. § 881.) § 1493. Same; attachment without previous subpoena in prosecutions—In any prosecution for bigamy, polygamy, or unlawful cohabitation, under any Statute Of the United States, whether before a United States Commissioner, justice, judge, a grand jury, Or any Court, an attachment for any witness may be issued by the court, judge, or commissioner, Without a previous subpoena, compelling the immediate attendance of Such witness, when it shall appear by Oath Or affirmation, to the commissioner, justice, judge, Or Court, as the case may be, that there is reasonable ground to believe that such witness will unlawfully fail to obey a subpoena issued and served in the usual Course in such cases; and in such case the usual Witness-fee shall be paid to such witness SO attached : Provided, That the person so attached may at any time secure his or her discharge from Custody by executing a recognizance with sufficient Surety, Conditioned for the appearance of such person at the proper time, as a witness in the cause or pro- Ceeding wherein the attachment may be issued. (March 3, 1887, c. 397, § 2, 24 Stat. 635.) § 1494. Copies of Department records and papers-Copies of any books, records, papers, or documents in any of the Executive Departments, authenticated under the Seals of such Departments, respectively, shall be admitted in evidence equally with the originals thereof. (R. S. § SS2.) ºrther as to copies of documents, etc., see §§ 719, 4383, § 1495. Same; in office of Solicitor of the Treasury-Copies of any documents, records, books, or papers in the office of the Solicitor of the Treasury, certified by him under the seal of his office, or, when his office is vacant, by the Officer acting as Solicitor for the time, shall be evidence equally with the originals. (R. S. § 883.) - § 1496. Instruments and papers of Comptrol- 1er of Currency—Every Certificate, assignment, and Conveyance executed by the Comptroller of the Cur- rency, in pursuance of law, and Sealed with his seal of office, shall be received in evidence in all places and Courts; and all copies Of palpers in his Office, certified by him and authenticated by the said Seal, shall in all cases be evidence equally With the originals. An & 1497 (Tit. 13 THE JUDICIARY [Page. 204] impression of such seal directly on the paper shall be as valid as if made on Wax or wafer. (R. S. § 884.) § 1497. Organization certificates of national Thanks—Copies of the Organization Certificate of any national banking association, duly Certified by the Comptroller of the Currency, and authenticated by his seal Of Office, shall be evidence in all Courts and places within the jurisdiction of the United States Of the existence Of the association, and Of every mat- ter which could be proved by the production of the original certificate. (R. S. § 885.) § 1498. Transcripts from books of Treasury; suits against delinquents—When Suit is brought in any case of delinquency of a revenue Officer, or other person a CCOuntable for public money, a transcript from the books and proceedings of the Treasury De- partment, certified by the Register and authenticated under the Seal of the Department, or, when the Suit involves the accounts of the War or Navy Depart- ments, certified by the Auditors respectively charged with the examination of those accounts, and authen- ticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the Cause shall be authorized to grant judgment and award execution accordingly. And all copies of bonds, Contracts, or other papers relating to, or connected with, the settlement of any account between the Unit- ed States and an individual, when Certified by the Register, or by such Auditor, as the case may be, to be true copies of the Originals on file, and authenti- cated under the seal of the Department, may be an- nexed to such transcripts, and shall have equal valid- ity, and be entitled to the same degree of Credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond Or Other Sealed instrument, and the defendant pleads “non est factum,” or makes his motion to the Court, verifying such plea or motion by his Oath, the Court may take the same into consid- eration, and, if it appears to be necessary for the at- tainment of justice, may require the production of the Original bond, contract, or other paper specified in such affidavit. (R. S. § 886.) § i499. Saxme; certifieate by Secretary or As- sistant Secretary—The transcripts from the books and proceedings of the Department of the Treasury and the Copies of bonds, contracts and other papers provided for in section eight hundred and eighty-six of the Revised Statutes shall hereafter be certified by the Secretary or an Assistant Secretary of the Treas- ury under the seal of the Department. (July 31, 1894, c. 174, § 17, 28 Stat. 210, amended, March 2, 1895, c. 177, § 10, 28 Stat. 809.) § 1500. Same; of public moneys—Upon the trial of any indictment against any person for embezzling public moneys, it Shall be sufficient evidence, for the purpose of show- ing a balance against Such person, to produce a tran- Script from the books and proceedings of the Treas- ury Department, as provided by the preceding section. (R. S. § 887.) § 1501. Copies of returns in returns-office— A COpy Of any return of a Contract returned and filed in the returns-Office of the Department of the Interior, as provided by law, when certified by the clerk of the said office to be full and complete, and when authen- ticated by the seal of the Department, shall be evi- dence in any prosecution against any Officer for false- ly and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any COntract, as required by law, to said returns- office. (R. S. § 888.) - § 1502. Copies of Post-Office records and Au- ditor’s statement of accounts—Copies of the quar- terly returns Of postmasters and of any papers per- taining to the accounts in the office of the Sixth Audi- tor, and transcripts from the money-order account- books of the Post-Office Department, when certified indictments for embezzlement by the Sixth Auditor under the Seal of his office, shall be admitted as evidence in the courts of, the United States, in civil suits and criminal prosecutions; and in any civil suit, in case of delinquency of any post- master or contractor, a statement of the account, Certified as aforesaid, shall be admitted in evidence, and the Court shall be authorized thereupon to give judgment and award execution, subject to the provi- SiOns. Of law as to proceedings in Such civil Suits. (R. S. § 889.) . - § 1503. Copies of statements of demands by Post-Office Department—In all suits for the recov- ery Of balances due from postmasters, a copy, duly cer- tified under the seal of the Sixth Auditor, of the Statement of any postmaster, Special agent, or other person, employed by the Postmaster-General or the Auditor for that purpose, that he has mailed a letter to Such delinquent postmaster at the post-Office where the indebtedness accrued, or at his last usual place . of abode ; that a sufficient time has elapsed for said letter to have reached its destination in the ordinary COurse of the mail; and that payment of Such balance has not been received, within the time designated in his instructions, shall be received as sufficient evi- dence in the courts of the United States, or other COUrts, that a demand has been made upon the de- linquent postmaster; but when the account of a late postmaster has been once adjusted and settled, and a demand has been made for the balance appearing to be due, and afterward allowances are made or Credits entered, it shall not be necessary to make a further demand for the new balance found to be due. (R. S. § 890.) § 1504. Copies of records, of General Land-Of- fice—Copies of any records, books, or papers in the General Land-Office, authenticated by the seal and Certified by the Commissioner thereof, or, when his Office is vacant, by the principal clerk, shall be evi- dence equally with the Originals thereof. And literal exemplifications of any such records shall be held, When so introduced in evidence, to be of the same va- lidity as if the names of the officers signing and coun- terSigning the same had been fully inserted in such record. (R. S. § 891.) - Further as to records, etc., of General Land Office, see §§ 677, 701, 709, 710, 4459, 4474. ſº § 1505. Copies of records of Patent-Office— Written or printed copies of any records, books, pa- pers, or drawings belonging to the Patent-Office, and Of letters-patent authenticated by the Seal and Cer- tified by the Commissioner or Acting Commissioner thereof, shall be evidence in all cases wherein the . Originals could be evidence; and any person making application therefor, and paying the fee required by law, shall have certified copies thereof. (R. S. § 892.) See § 9496. § 1506. Copies of foreign letters-patent—Cop- ies of the specifications and drawings of foreign let- terS-patent, Certified as provided in the preceding Section, shall be prima-facie evidence of the fact Of the granting Of such letters-patent, and Of the date and contents thereof. (R. S. § 893.) § 15.07. Copies of specifications and drawings of patents—The printed copies of specifications and drawings of patents, which the Commissioner of Pat- ents is authorized to print for gratuitous distribution, and to deposit in the Capitols of the States and Ter- ritories, and in the clerk's offices of the district courts, shall, when Certified by him and authenticated by the seal of his office, be received in all courts as evidence of all matters therein contained. (R. S. § 894.) § 1508. Extracts from Journals of Congress— Extracts from the Journals of the Senate, or of the House of Representatives, and of the Executive Jour- nal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall | be admitted as evidence in the COUrts Of the United States, and shall have the same force and effect as Ch. 17) 3 1518 THE JUDICIARY [Page 205] - - - the originals would have if produced and authenticat- ed in Court. (R. S. § 895.) § 1509. Copies of records in offices of United States consuls—Copies of all official documents and papers in the office of any consul, Vice-Consul, or COm- mercial agent Of the United States, and of all Official entries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in - evidence in the courts of the United States. (R. S. § 896.) - See § 3160. . - § 1510. Books and papers in certain district courts—The transcripts into new books, made by the clerks of the district courts in the several districts of Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas, in pursuance of the act of June twenty-Seven, eighteen hundred and sixty-four, chapter One hundred and sixty-five, from the records and journals trans- . ferred by them respectively, under the said act, to the clerks of the circuit courts in said districts, when certified by the clerks respectively making the same to be full and true. Copies from the Original books, Shall have the same force and effect as records aS the Originals. And the certificates of the clerks Of said circuit courts, respectively, of transcripts of any of the books or papers so transferred to them, shall be received in evidence with the like effect as if made by the clerk of the court in which the proceedings were had. (R. S. § 897.) - . . . As to abolition of Circuit Courts, see §§ 1266–1268. § 1511. Records in elerks’ offices, western dis- trict of North Carolina—The transcripts into new books made by the clerks of the circuit and district courts for the western district of North Carolina, in pursuance of the act of June four, eighteen hundred and seventy-two, chapter two hundred and eighty-two, When certified by the clerks respectively making the same to be full and true copies from the original bOOks, shall have the same force and effect as records as the originals. And the certificates of the clerks of Said circuit and district Courts respectively, Of tran- scripts of any of the said transcribed records, shall also be received in evidence with the like effect as if made by the proper clerk from the originals from which such records were transcribed. (R. S. § 898.) § 1512. Records in clerks’ offices of former district of California–Either of the clerks of the Circuit and district Courts for the said northern dis- trict of California is hereby authorized, at the re- quest of the district judge of said southern district, and at the cost of the parties requiring the same, to make transcripts of any of the records, files, or pa- pers of the district and circuit courts of the United States, remaining in the office of the clerks of the present district of California, and of all matters and proceedings which relate to Or Concern liens upon Or titles to real estate situated in Said SOUthern dis- trict; and such transcripts, when so made by either of said clerks, shall be certified to be true and cor- rect by the clerk making the same, and the same, when so made and Certified, and filed in the proper Court, shall constitute the record in Such Court, and shall be evidence in all COurts and places equally with said originals. a § 1513. Original records lost or destroyed— When the record Of any judgment, decree, or other proceeding of any court of the United States is lost or destroyed, any party or person interested therein may, on application to such court, and on showing to its satisfaction that the same was lost or destroyed without his fault, obtain from it an order authoriz- ing such defect to be supplied by a duly certified copy of the original record, where the same can be Obtained; and such certified copy shall thereafter have, in all respects, the same effect as the original record would have had. (R. S. § 899.) - § 1514. Same—When any such record is lost Or destroyed, and the defect cannot be supplied as pro- vided in the preceding section, any party. Or person interested therein may make a written application to (Aug. 5, 1886, c. 928, § 9, 24 Stat. 310.) the court to which the record belonged, verified by affidavit, showing such loss or destruction; that the same occurred without his fault or neglect; that Cer- tified copies of . Such record cannot be obtained by him; and showing also the substance of the record so lost or destroyed, and that the loss or destruction thereof, unless supplied, will or may result in dam- age to him. The Court shall cause Said application to be entered of record, and a Copy of it shall be served personally upon every person interested there- in, together with written notice that On a day there- in stated, which shall not be less than sixty days after such service, said application will be heard; and if, upon such hearing, the court is satisfied that the statements contained in the application are true, it shall make and cause to be entered of record an order reciting the substance and effect of said lost Or destroyed record. Said Order shall have the same effect, SO far as Concerns the party Or person making such application and the persons served as above provided, but subject to intervening rights, which the Original record would have had, if the Same had not been lost or destroyed. (R. S. § 900.) § 1515. Same--When any cause has been removed to the Supreme Court, and the original record thereof is afterward lost, a duly certified copy of the record remaining in said court may be filed in the court from which the Cause was removed, on motion of any par- ty or person claiming to be interested therein; and the Copy so filed shall have the same effect as the Original record would have had if the same had not been lost or destroyed. (R. S. § 901.) § 1516. Same—In any proceedings in conformity with law to restore the records of any court of the TJnited States which have been or may be hereafter lost or destroyed, the notice required may be served On any non-resident Of the district in which Such Court is held anywhere within the jurisdiction of the |United States, or in any foreign country; the proof of service of such notice, if made in a foreign Coun- try, to be certified by a minister or consul of the United States in such country, under his official seal. (R. S. § 902, amended, Jan. 31, 1879, c. 39, § 1, 20 Stat. 277.) . § 1517. Same-A Certified copy of the official re- turn, or any other official paper of the United States attorney, marshal, or clerk, or other certifying or recording officer of any court of the United States, made in pursuance of law, and on file in any depart- ment of the government, relating to any cause or matter to which the United States was a party in any such court, the record of which has been or may be lost Or destroyed, may be filed in the Court to which it appertains, and shall have the same force and ef- fect as if it were an original report, return, paper, Or Other dOCument made to Or filed in Such Court; and in any case in which the names of the parties and the date and amount of judgment or decree shall appear from such return, paper, or document, it shall be lawful for the Court in which they are filed to issue the proper process to enforce such decree or judgment, in the same manner as if the Original rec- Ord remained in Said COurt. And in all Cases where any of the files, papers, or records of any Court of the United States have been Or shall be lost Or de- stroyed, the files, records, and papers which, pursu- ant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to. (R. S. § 903, amended, Jan. 31, 1879, c. 39, § 2, 20 Stat. 277.) . § 1518. Same—Whenever any of the records or files in which the United States are interested of any court of the United States have been or may be lost or destroyed, it shall be the duty of the attorney of the United States for the district Or Court to which Such files and records belong, so far as the judges of such courts respectively shall deem it es- § 1518 . (Tit. 13 THE JUDICIARY IPage 206] Sential to the interests of the United States that Such records and files to be restored or supplied, to take Such steps, under the direction of said judges, as may be necessary, to effect such restoration or sub- stitution, including such dockets, indices, and other books and papers as said judge shall think proper. Said judges may, direct the performance, by the Clerks of said courts respectively and by the United States attorneys, of any duties incident thereto; and Said Clerks and attorneys shall be allowed such com- pensation for services in the matter and for lawful disbursements as may be approved by the Attorney- General of the United States, upon a certificate by the judges of said courts stating that such claim for Services and disbursements is just and reasonable; and the Sum So allowed shall be paid out of the ju- diciary fund. c. 39, § 3, 20 Stat. 277.) - § 1519. Legislative acts; proof of judicial proceedings of State—The acts of the legislature Of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be au- thenticated by having the seals of such State, Terri- tory, Or Country affixed thereto. The records and judicial proceedings of the Courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the COUlrt annexed, if there be a seal, together with a Certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken. (R. S. § 905.) § 1520. Proofs of records in offices not per- taining to courts—All records and exemplifications Of books, which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertain- ing to a Court, shall be proved Of admitted in any Court or office in any other State or Territory, or in any Such Country, by the attestation of the keeper Of the said records or books, and the seal of his Office annexed, if there be a seal, together with a Certificate of the presiding justice of the court of the County, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said at- testation is in due form, and by the proper officers. If the said certificate is given by the presiding jus- tice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; Or, if given by such governor, secre- tary, Chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or COuntry aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law. Or usage in the Courts or Offices of the State, Territory, or country, as aforesaid, from which they are taken. (R. S. § 906.) § 1521. Copies of foreign records relating to land-titles—It shall be lawful for any keeper or person having the Custody Of laws, judgments, Orders, decrees, journals, correspondence, or other public documents of any foreign government Or its agents, relating to the title to lands claimed by or under the TJnited States, On the application of the head of One of the Departments, the Solicitor of the Treasury, or the Commissioner of the General Land-Office, to au- thenticate Copies thereof under his hand and Seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, cor- nals. (R. S. § 904, amended, Jan. 31, 1879, respondence, or other public documents, respectively; and when such copies are certified by an American minister Or consul, under his hand and Seal of Office, to be true COpies of the Originals, they shall be seal- ed up by him and returned to the Solicitor of the Treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose. A copy of any such law, judgment, Order, decree, journal, correspondence, or other public docu- ment, SO filed, or of the same so recorded in said book, may be read in evidence in any court, where the title to land claimed by or under the United States may come into question, equally with the origi- (R. S. § 907.) § 1522. Little & Brown’s edition of Statutes —The edition of the laws and treaties of the United States, published by Little & Brown, shall be compe- tent evidence of the several public and private acts of Congress, and of the several treaties therein contain- ed, in all the Courts of law and equity and of mari- time jurisdiction, and in all the tribunals and public Offices of the United States, and of the several States, Without any further proof or authentication thereof. (R. S. § 908.) § 1523. Revised Statutes as evidence—The Secretary of State is hereby charged with the duty Of Causing to be prepared for printing, publication and distribution the revised statutes of the United States enacted at this present session of Congress; * * And when the same shall be completed, the Said Secretary shall duly certify the same under the Seal of the United States, and when printed and promulgated as hereinafter provided, the printed Volumes shall be legal evidence of the laws and trea- ties therein contained, in all the courts of the Unit- ed States, and of the several States and Territories. (June 20, 1874, c. 333, § 2, 18 Stat. 113.) § 1524. Pamphlet copies and bound copies of statutes of Congress; publication—He shall, in like manner, cause to be edited, printed, published and distributed pamphlet copies of the statutes of the present and each future session of Congress, to the Officers and persons hereinafter provided, and bound copies of the laws of each Congress to the number of two thousand copies to be distributed in the manner now provided by law, and uniform with the said edition of the revised statutes. (June 20, 1874, c. 333, § 5, 18 Stat. p. 113.) § 1525. [Superseded.] Act June 20, 1874, c. 333, § 8, 18 Stat. 114. Superseded by similar matter in § 1526. § 1526. Samme; as evidence—The pamphlet Copies Of the statutes and the bound copies Of the Acts of each Congress shall be legal evidence Of the laws and treaties therein Contained in all the COurtS Of the United States and Of the Several States there- in. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 612.) § 1527. Seeond Edition of Revised Statutes; publication—That the President of the United States be, and he is hereby, authorized to appoint, by and with the advice and COnsent Of the Senate, One person, learned in the law, as a commissioner, for the purpose of preparing and publishing a new edition Of the first volume Of the Revised Statutes Of the United States. (March 2, 1877, c. 82, § 1, 19 Stat. 268.) § 1528. Same; as evidence—Said new edition shall be completed in manuscript by said commis- Sioner by the first day Of January anno DOmini eighteen hundred and seventy-eight, and by him pre- sented to the Secretary of State for his examination and , approval, who is hereby required to examine and compare the same as amended, with all the amendatory acts, and, within two months after hav- ing been submitted to him, and When the same shall be completed, the said Secretary shall duly Certify the same under, the seal of the Secretary Of State, and when printed and promulgated as herein pro- vided the printed volume shall be legal evidence of Ch. 18) & 1533 THE JUDICIARY the laws therein contained, in all the courts of the United States, and Of the several States and Territories, but shall not preclude reference to, nor control, in Case of any discrepancy, the effect of any Original act as passed by Congress Since the first day Of December, eighteen hundred and seventy-three. (March 2, 1877, c. 82, § 4, 19 Stat 269, amended, March 9, 1878, c. 26, 20 Stat. 27.) § 1529. Supplement to Revised Statutes; as evidence—That the Supplement to the Revised Stat- utes, embracing the statutes general and permanent in their nature passed after the Revised Statutes With references connecting provisions on the same Subject, explanatory notes, citations of judicial de- Cisions, and a general index, prepared by William A. Richardson, be stereotyped at the Government Printing Office; * * The publication herein authorized shall be taken to be prima facie evidence of the laws therein Con- tained in all the Courts Of the United States and of the Several States and Territories therein ; not preclude reference to, nor control, in case of any discrepancy, the effect of any Original act as passed by . Congress: Provided, That nothing herein Contained shall be Construed to Change or alter any existing law. (June 7, 1880, No. 44, 21 Stat. 308.) § 1530. Same; continuation of—That the pub- lication of the Supplement to the Revised Statutes, embracing the statutes general and permanent in their nature, passed after the Revised Statutes, with . references connecting provisions on the same subject, explanatory notes, and citations of judicial decisions, be continued and issued in one volume, to include the general laws of the Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses, with a table of alterations and a general index to the Whole, to be prepared and edited by the editor of the existing Supplement, authorized by the joint resolu- tion of June Twenty-eighth, eighteen hundred and eighty, numbered forty-four (Supplement to Revised Statutes, page five hundred and eighty-two), to be stereotypedºt the Government Printing Office, * * (April 9, 1890, c. 73, § 1, 26 Stat. 50.) § 1531. Same; as evidence—The publication herein authorized shall be taken to be prima facie evidence Of the laws therein contained, but shall not Change nor alter any existing law, nor preclude ref- erence to nor control in case of any discrepancy, the effect of any original act passed by Congress. (April 9, 1890, c. 73, § 3, 26 Stat. 50.) - § 1532. zure cases-In Suits or informations brought, where any Seizure is made pursuant to any act providing for Or regulating the collection of duties on imports Or tonnage, if the property is claimed by any person, the burden of proof shall lie upon such claimant: ProVided, That probable cause is shown for such pºtion to be judged of by the court. (R. S. § 1533. Possessory actions for recovery of mining titles–No possessory action between per- Sons, in any court of the United States, for the re- COVery of any mining title, or for Ólamages to any Such title, shall be affected by the fact that the para- mount title to the land in which such mines lie is in the United States; but each case shall be adjudged by the law of possession. (R. S. § 910.) - Chapter Eighteen—Procedure Sec. 1534. Sealing and testing of writs. # ". of process, day of. re eSne process; proceedings in equi * ---" 1537. Conformity to practice in stat. dº. and admiralty. 1538. Laws of States; rules of decision. 1539. Attachments as provided by State laws. 1540. Executions provided by State laws. 1541. Rights and remedies of occupying claimants of land as given by State laws. 1542. Proceedings in vindication of civil rights. 1543. Regulation of practice of district courts by Supreme Court. but Shall Burden of proof on claimant in sei- [Page 207] Sec. 1544. 1545. 1546. 1547. 1548. 1549. * 1550. 1551. 1552. 1553. 1554. 1555. 1556. 1557. 1558. 1559. 1553. 1594. i595. 1596. 1597. 1598. 1599. 1600. 1601. 1602. 1603. 1604. Rules of practice in district courts. sº for duties, imposts, taxes, penalties, or forfei- UII’éS. ' , , Consolidation of revenue seizures. , Orders to save costs; consolidation of causes of like nature. - i Marshal or deputy as party in cause. Seizure for forfeiture. Attachment in postal suits. Same; application for warrant. Same; issue of warrant. Same; trial of ownership of property. sº Same;. investment of proceeds of attached property. Same; publication of attachment. Same; effect. Same; discharge; Same ; accrued rights. - Attachments dissolved in conformity with State laws. Replevy of property taken under revenue laws. Garnishees in suits by United States. Same; issue tendered on denial of indebtedness. Same; garnishee failing to appear. Bailing property seized under customs laws. Sale after condemnation. Bailing of property seized in vacation. Delivery bond in admiralty proceedings. Special bail in suits for duties and penalties. Defendant giving bail in one district Committed in an- Other. - Defendant held until judgment in first Suit. Bail and affidavits; taking by commissioners of circuit COUrtS. Calling of bail in Kentucky. Clerks may take bail de bene esse. Proceedings in suits against United States. Petition in suit against United States. - Same; service; appearance by district attorney. Opinion, findings, and conclusions in Suit against Unit- ed States. Judgment adverse to Government in Suit against United States; appeal. &: Partition suits where United States Is tenant in Com- mon or joint tenant. Amendment of proceSS. Priority of cases where a State is party. Notice of case for trial. Trial of issues of fact. Same; by jury. Same; in admiralty causes. Same; in equity in patent causes. Same; by court. Suits of United States against individuals; Suits under postal laws; credits. Bill of exception.S. Defects of form; Death of parties. Death of one of several plaintiffs or defendants. Death or expiration of term of officer sued in official ca- pacity. - - Delinquents for public money; judgment. Suits under postal laws; judgment. Suits on debentures; judgment. Suits on bonds for recovery of duties; Judgment in equity on bonds. º Judgment for duties; collected in coin. Interest; bonds for duties. Same; balances due Post-Office Department. Same; debentures. º º Final record in equity and admiralty. bond. credits. amendments. judgment. JUDGMENTS, COSTS, EXECUTIONS, AND MONEYS 1605. 1606. 1607. 1608. 1609. 1610. 1611. 1612. 1613. 1614. 1615. 1616. 1617. 1618. 1619. 1620. 1621. 1622. 1623. 1624. 1625, 1626. 1627. 1628. 1629. 1630. PAID INTO COURT Interest on judgments. Judgments; liens of. Indices of judgment records. Judgments cease to be liens, When. Costs; plaintiff not entitled to, when. Same; internal revenue Suits. Same; seizures; claimant not entitled to, when. Same; seizures; double costs. Same; copyright suits. Same; infringement of patent; Same; fines or forfeitures. Same; recoverable by defendant in prosecution. Fees of clerk, marshal or attorney; payable by in- former. Costs; several actions. Same; libels against vessel and Cargo. Same; claimant’s; payable before possession. Same; one bill for several prosecutions. Witness’ fees before commissioner; taxation. disclaimer. Costs; attorney liable for, When. Same; bill of ; taxation. Same; bill of; sworn to. Suits by poor persons; prepayment of or security for fees or costs; affidavit of poverty. Same; false swearing in affidavit of poverty, perjury. Same; process; witnesses. Same; assignment of attorney; dismissal of cause. Same; judgment for costs. 3 1534 (Tit. 13 THE JUDICIARY [Page 208] Sec. g & 1630a. sº by seamen without prepayment of or bond for COSU.S. - 1631. Executions; run in all districts of State. 1632. Same; to run , in every State and Territory. 1633. Same; stay on conditions. 1634. Same; Stay of one term. 1635. Same; against officers of revenue in cases of probable Call Se. - 1636. Imprisonment for debt. - º, 1637. Same ; discharge. + 1638. Same; jail limits. - - o 1639. * Fieri facias; appraisal of goods. 1640. Sales; real property under order or decree. 1641. Same; personal property under order or decree. 1642. Same; real property under order or decree; notice. 1643. Same; death of marshal after levy or after Sale. 1644, Moneys paid into court; deposit. 1645. Same; Withdrawal. PROCEDURE ON ERROR AND APPEAL 1646. Appellate jurisdiction. - 1647. District courts to circuit courts of appeals; time for taking. & 1648. Circuit courts of appeals to Supreme Court; time for taking. 1649. To Supreme Court, time for taking. 1649a. Dismissal for use of Wrong remedy. 1650. Prize causes; time for taking. 1651. Provisions applicable to appeals and writs of error in respect of circuit courts of appeals. - 1652. Territorial courts to Supreme Court; statement of facts. 1653. Removal of causes by Writ of error. 1654. Transcripts on appeals. 1655. One record. 1656. Printed transcript of record on appeal to circuit Court of appeals. - 1657. Printed as part of transcript on appeal to Supreme Court. 1658. Citation. 1659. Same; Supreme Court. 1660. Bond in error and on appeal. 1661. Same; not required of United States. 1662. Writs of error to State courts, manner of issue. Writs of error returnable to Supreme Court or to cir- cuit courts of appeals. Amendment of Writ of error. 1665. Amendments in prize appeals. Supersedeas. i Proceeding in prize causes after appeal. 1668. Review in cases tried with Out jury. Judgment or decree on review. Remand by Supreme Court or circuit court of appeals. Damages and costs on affirmance. Reversal on error limited. - 1673. Appeals subject to same rules as Writs of error. CRIMINAL PROCEDURE; 1674. Arrest and removal for trial. 1675. Arrest and removal to or from the Philippine Islands. 1676. Operating illicit distillery; arrest; bail. 1677. Violations of internal-revenue laws; arrest. 1678. Persons arrested taken before nearest officer for hearing. 1679. Bail; Cases not Capital. 1680. Same; capital cases. 1681. Same; cases removed from State courts. 1682. Same; surrender by bail. 1683. Same; new bail. 1684. Remission of penalty of recognizances. 1685. Indictments and presentments by twelve grand jurors. 1686. Offenses against elective franchise. 1687. Indictments; perjury. 1688. Same; subornation of perjury. 1689. Matters in prosecutions for perjury before naval court- martial. 1690. Indictments; joinder of charges. 1691. Same; defects of form. 1692. Same; judgment on demurrer. 1693. Writs; several indictments against same person. 1694. Same; copy jailer’s authority. 1695. Same; for removal of prisoner from one district to an- Other. 1696. Same; to bring into court person in custody. 1697. Peremptory challenges exceeding number allowed. 1698. Standing mute. - 1699. Copy of indictment and list of jurors and witnesses for prisoner. 1700. Counsel and witnesses for persons indicted for capital CrimeS. 1701. Verdicts; less offense than charged. 1702. Same; part of several joint defendants. 1703. Wºr error; conviction of crime punishable by €8, Eil. w 1704. Same; on behalf of United States. 1704a. Ilimitation of effect of act. 1705. Judgments for fines; collection. 1706. Poor convicts sentenced and imprisoned for fines. § 1534. Sealing and testing of writs—All writs and processes issuing from the courts of the Dnited States shall be under the Seal of the Court from which they issue, and shall be signed by the Clerk thereof. Those issuing from the Supreme Court [Or a circuit court] shall bear teste of the Chief Jus- tice Of the United States, or, when that office is Vacant, of the associate justice next in precedence, and those issuing from a district court shall bear teste Of the judge, or, when that office is vacant, of the Clerk thereof. The seals of said courts shall be Fººd at the expense of the United States. (R. S. Text in brackets superseded by §§ 1266–1268. § 1535. Teste of process, day of—All process is- sued from the courts of the United States shall bear teste from the day of such issue. (R. S. § 912.) § 1536. Mesne process; proceedings in equity and admiralty—The forms of mesne process and the forms and modes of proceeding in suits of equity and Of admiralty and maritime jurisdiction in the [circuit and] district courts shall be according to the principles, rules, and usages which belong to courts of equity and Of admiralty, respectively, except when it is other- Wise provided by statute or by rules of court made in pursuance thereof; but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme Court, by rules pre- SCI’ibed, from time to time, to any [circuit or] district COUlrt, not in COnsistent With the laws of the United States. (R. S. § 913.) - Text in brackets superseded by §§ 1266–1268. § 1537. Conformity to practice in State courts —The practice, pleadings, and forms and modes of proceeding in Civil causes, other than equity and ad- miralty causes, in the [circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the COurts of record Of the State within which such [circuit or] district courts are held, any rule of Court to the contrary notwith- standing. (R. S. § 914.) Text in brackets superseded by §§ 1266–1268. § 1538. Laws of States; rules of decision— The laws of the Several States, except where the Con- stitution, treaties, or statutes of the inità States Oth- erwise require or provide, shall be regarded as rules Of decision in trials at COmmon law, in the COurts Of the United States, in cases where they apply. (R. S. § 721.) § 1539. Attachments as provided by State laws—In common-law causes in the [Circuit and] dis- trict Courts the plaintiff shall be entitled to Similar remedies, by attachment or other process, against the property of the defendant, which are now provided by the laws of the State in which Such Court is held for the courts thereof; and Such [circuit Orl district Courts may, from time to time, by general rules, adopt such State laws as may be in force in the States where they are held in relation to attachments and Other process: Provided, That similar preliminary affidavits or proofs, and similar security, as required by such State laws, shall be first furnished by the party seeking such attachment or other remedy. (R. S. § 915.) Text in brackets superseded by §§ 1266–1268. § 1540. Executions provided by State laws— The party recovering a judgment in any common-law cause in any [circuit or] district Court, shall be enti- tled to Similar remedies upon the Same, by execution or otherwise, to reach the property Of the judgment debtor, as are now provided in like causes by the laws of the State in which Such court is held, Or by any Such laws hereafter enacted which may be adopted by general rules of such [circuit or] district court; and Such courts may, from time to time, by general rules, adopt such State laws as may hereafter be in force in Such State in relation to remedies upon judgments, as aforesaid, by execution or otherwise. (R. S. § 916.) Text in brackets superseded by §§ 1266–1268. § 1541. Rights and remedies of occupying claimants of land as given by State laws—When an occupant of land, having color of title, in good faith has made valuable improvements thereon, and is, in the proper action, found not to be the rightful Ch. 18) 3 1552 THE JUDICIARY Owner thereof, such occupant shall be entitled in the Federal Courts to all the rights and remedies, and, up- On instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. (June 1, 1874, c. 200, 18 Stat. 50.) § 1542. Proceedings ini vindication of civil rights—The jurisdiction in civil and criminal matters COnferred on the district and circuit courts by the pro- visions of this Title, and of Title “Civil Rights,” and Of Title “Crimes,” for the protection of all persons in the United States in their civil rights, and for their Vindication, shall be exercised and enforced in con- formity with the laws of the United States, so far as Such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the ob- ject, Or are deficient in the provisions necessary to furnish Suitable remedies and punish offenses against law, the Common law, as modified and changed by the Constitution and statutes of the State wherein the COurt having jurisdiction of such civil or criminal CauSe is held, so far as the same is not inconsistent With the Constitution and laws of the United States, Shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a Criminal nature, in the infliction of punishment on the party found guilty. (R. S. § 722.) § 1543. Regulation of practice of district courts by Supreme Court—The Supreme Court shall have power to prescribe, from time to time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process, the modes of framing and filing proceedings and pleadings, of taking and obtaining evidence, of obtain- ing discovery, of proceeding to obtain relief, of draw- ing up, entering, and enrolling decrees, and of pro- ceeding before trustees appointed by the court, and generally to regulate the whole practice, to be used, in suits in equity or admiralty, by the [circuit and district courts. (R. S. § 917.) Text in brackets superseded by §§ 1266–1268. § 1544. Rules of practice in district courts— The several [circuit and district courts may, from time to time, and in any manner not inconsistent with any law of the United States, or with any rule pre- scribed by the Supreme Court under the preceding sec- tion, make rules and orders directing the returning of writs and processes, the filing of pleadings, the taking. Of rules, the entering and making up of judgments by default, and other matters in vacation, and otherwise regulate their own practice as may be necessary or convenient for the advancement of justice and the prevention of delays in proceedings. (R. S. § 918.) Text in brackets superseded by §§ 1266–1268. § 1545. Suits for duties, imposts, taxes, pen- alties, or forfeitures—All suits for the recovery of any duties, imposts, Or taxes, or for the enforcement of any penalty or forfeiture provided by any act re- Specting imports Or tonnage, Or the registering and re- cording or enrolling and licensing of vessels, or the internal revenue, or direct taxes, and all suits arising under the postal laws, shall be brought in the name of the United States. (R. S. § 919.) § 1546, Consolidation of revenue seizures— Whenever two or more things belonging to the same person are seized for an alleged Violation of the rev- enue laws, the whole must be included in one suit; and if separate actions are prosecuted in such cases, the court shall consolidate them. (R. S. § 920.) § 1547. Orders to save costs; consolidation of causes of like nature—When causes of a like nature or relative to the Same question are pending before a court of the United States, or of any Territory, the court may make such Orders and rules concerning pro- ceedings therein as may be conformable to the usages of courts for avoiding unnecessary costs or delay in COMP.ST.’18—14 [Page 209] the administration of justice, and may consolidate Said Causes when it appears reasonable to do so. (R. S. § 921.) § 1548. Marshal or deputy as party in cause— When the marshal or his deputy is a party in any Cause, the writs and precepts therein shall be direct- ed to Such disinterested person as the Court Or any justice or judge thereof may appoint, and the per- SOn SO appointed may execute and return them. (R. S. § 922.) § 1549. Seizure for forfeiture—When any ves- Sel, goods, wares, or merchandise are seized by any officer of the customs, and prosecuted for forfeiture by virtue of any law respecting the revenue, or the registering and recording, or the enrolling and licens- ing of vessels, the court shall cause fourteen days' no- tice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place ap- pointed for trial, to be inserted in some newspaper published near the place of seizure, and by posting up the same in the most public manner for the Space Of fourteen days, at or near the place of trial; and proclamation shall be made in such manner as the Court shall direct. And if no person appears and Claims such vessel, goods, wares, or merchandise, and gives bond to defend the prosecution thereof and to respond the cost in case he shall not support his Claim, the court shall proceed to hear and determine the cause according to law. (R. S. § 923.) § 1550. Attachment in postal suits—In all cases Where debts are due from defaulting Or delin- Quent postmasters, contractors, or other Officers, agents, or employés of the Post-Office Department, a warrant of attachment may issue against all real and personal property and legal and equitable rights be- longing to such officer, agent, Or employé, and his Sure- ties, or either of them, in the following cases: First. When such officer, agent, or employé, and his sureties, or either of them, is a non-resident of the dis- trict where such officer, agent, or employé was ap- pointed, or has departed from such district for the purpose of permanently residing Out of the same, or Of defrauding the United States, or of avoiding the Serv- ice Of Civil process. Second. When such officer, agent, or employé, and his Sureties, or, either of them, has conveyed away, Or is about to convey away his property, or any part thereof, or has removed or is about to remove the Same Or any part thereof from the district wherein it is situate, with intent to defraud the United States. And when any Such property has been removed, Ger- tified copies of the warrant may be sent to the mar- Shal Of the district into which the same has been re- moved, under which certified copies he may seize said property and convey it to some convenient point with- in the jurisdiction Of the Court from which the war- rant Originally issued. And alias warrants may be is- sued in such cases upon due application, and the va- lidity of the Warrant first issued shall continue until the return day thereof. (R. S. § 924.) § 1551. Sarne; application for warrant—Ap- plication for such warrant of attachment may be made by any district or assistant district attorney, or any Other person authorized by the POStrmaster-General, before the judge, or, in his absence, before the clerk of any Court of the United States having original ju- risdiction of the Cause Of action. And such applica- tion shall be made upon an affidavit of the applicant, or of some other credible person, stating the existence Of either of the grounds of attachment enumerated in the preceding section, and upon production of legal evidence of the debt. (R. S. § 925.) § 1552. Sarne; issue of warrant—Upon any Such application and upon due order of any judge Of the Court, or, in his absence, without such order, the clerk Shall issue a warrant for the attachment Of all the property of any kind belonging to the person specified 3 1553 (Tit. 13 THE JUDICIARY IPage 21 OI in the affidavit, which warrant shall be executed with all possible dispatch by the marshal, who shall take the property attached, if personal, into his custody, and hold the same Subject to all interlocutory Or final Orders of the court. (R. S. § 926.) 4. § 1553. Same; trial of ownership of property- At any time within twenty days before the return day of such warrant, the party whose property is attached may, on giving notice to the district attorney of his in- tention, file a plea in abatement, traversing the allega- tions of the affidavit, or denying the ownership Of the property attached to be in the defendants or either of them ; in which case the court may, upon appli- cation of either party, order an immediate trial by jury of the issues raised by the affidavit and plea ; but the parties may, by consent, waive a trial by jury, in which case the court shall decide the issues raised. And any party claiming ownership of the property at- tached and a specific return thereof, shall be confined to the remedy herein afforded, but his right to an a C- tion of trespass, or other action for damages, shall not be impaired hereby. (R. S. § 927.) § 1554. Same; investment of proceeds of at- tached property—When the property attached is Sold on any interlocutory order of the court or is produc- ing any revenue, the money arising from Such Sale Or revenue shall be invested in securities of the United States, under the order of the court, and all accretions shall be held subject to the orders of the same. (R. S. § 928.) § 1555. Same; publication of attachment— Immediately upon the execution of any such warrant of attachment, the marshal shall cause due publica- tion thereof to be made, in the case of absconding debtors for two months and of non-residents for four months. The publication shall be made in SOIme newS- paper published in the district where the property is situate, and the details thereof shall be regulated by the order under which the warrant is issued. (R. S. § 929.) § 1556. Same; effect—After the first publica- tion of such notice of attachment as required by law, every person indebted to, or having possession of any property belonging to, the said defendants, or either of them, and having knowledge of such notice, shall account and answer for the amount of such debt and the value of such property; and any disposal Or at- tempt to dispose of any such property, to the injury of the United States, shall be illegal and void. And when the person indebted to, or having possession of the property of, such defendants, or either of them, is known to the district attorney or marshal, Such Officer shall see that personal notice of the attachment is served upon such person, but the want of such no- tice shall not invalidate the attachment. (R. S. § 930.) § 1557. Same; discharge; bond—Upon ap- plication of the party whose property has been at- , tached, the court, Or any judge thereof, may discharge the warrant of attachment as to the property of the applicant, provided such applicant shall execute to the United States a good and sufficient penal bond, in double the value of the property attached, to be approved by a judge of the court, and with condition for the return of said property, or to answer any judgment which may be rendered by the court in the premises. (R. S. § 931.) * § 1558. Same; accrued rights—Nothing con- tained in the preceding eight sections shall be con- Strued to limit or abridge, in any manner, such rights Of the United States as have accrued or been allowed in any district under the former practice of, or the adoption Of State laws by, the United States Courts. (R. S. § 932.) - § 1559. Attachments dissolved in conformity with State laws—An attachment of property, upon process instituted in any court of the United States, to Satisfy Such judgment as may be recovered by the plaintiff therein, except in the cases mentioned in the ‘Such VeSSel, preceding nine sections, shall be dissolved when any Contingency occurs by which, according to the laws of the State where said court is held, such attachment would be dissolved upon like process instituted in the courts of said State: Provided, That nothing herein contained shall interfere with any priority of the |United States in the payment of debts. (R. S. § 933.) § 1560. Replevy of property taken under revenue laws—All propérty taken or detained by any officer or other person, under authority of any rev- enue law of the United States, shall be irrepleviable, and shall be deemed to be in the custody of the law, and Subject only. to the Orders and decrees of the Courts of the United States having prisdiction there- of. (R. S. § 934.) § 1561. Garnishees in suits by United States —In any suit by the United States against a CorpO- ration for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as garnishees; and it shall be the duty Of any person so summoned to appear in Open Court and to depose, in writing, to the amount which he was indebted to the said Corporation at the time Of the service of the summons and at the time of making Such deposition ; and judgment may be entered in favor of the United States for the Sum admitted by Such garnishee to be due to the Said Corporation, in the same manner as if it had been due to the United States: Provided, That no judgment shall be en- tered against any garnishee until after judgment has been rendered against the Corporation defendant to the said action, nor until the sum in which the gar- nishee stands indebted is actually due. (R. S. § 935.) §. 1562. Same; issue tendered on denial of in- debtedness—When any person summoned as gar- nishee deposes in open court that he is not, and WaS not at the time Of the Service of the SummonS, in- debted to such corporation, an issue may be tendered by the United States upon such demand, and if, upon the trial of that issue, a verdict is rendered against the garnishee, judgment shall be entered in favor Of the United States, pursuant to such verdict, with costs of suit. (R. S. $ 936.) § 1563. Same; garnished failing to appear- If any person summoned as garnishee, as aforesaid, fails to appear at the term of the court to which he is summoned, he shall be subject to attachment for contempt of the court. (R. S. § 937.) _* § 1564. Bailing property seized under cus- toms laws—Upon the prayer of any claimant to the court, that any vessel, goods, wares, or merchandise, seized and prosecuted under any law respecting the revenue from importS or tonnage, Or the registering and recording, or the enrolling and licensing of ves- sels, or any part thereof, should be delivered to him, the Court shall appoint three proper persons to ap- praise such property, who shall be sworn in Open court, or before a commissioner appointed by the dis- trict court to administer oaths to appraisers, for the faithful discharge Of their duty; and the appraise- Iment shall be made at the expense Of the party On whose prayer it is granted. If, on the return of the appraisement, the claimant, with One or more Sure- ties, to be approved by the court, shall execute a bond to the United States for the payment Of a sum equal to the sum at which the property prayed to be delivered is appraised, and produce a certificate from the collector of the district where the trial is had, and of the naval officer thereof, if any there be, that the duties on the goods, wares, and merchandise, or tonnage-duty on the vessel so claimed, have been paid or secured in like manner as if the same had been legally entered, the court shall, by rule, Order goods, wares, or merchandise to be delivered to such claimant; and the said bond shall be lodged with the proper officer of the court. If judgment passes in favor of the claimant, the Court shall cause the said bond to be canceled ; but if judg- ment passes against the claimant, as to the Whole or Ch. 18) ź 1572 TEIE JUDICIARY [Page 211] any part of such vessel, goods, wares, or merchandise, and the claimant does not within twenty days there- after pay into the court, or to the proper officer there- of, the amount of the appraised value of such vessel, goods, Wares, or merchandise SO. Condemned, with the COsts, judgment shall be granted upon the bond, on mo- tion in Open Court, without further delay. (R. S. § 938.) § 1565. Sale after condemnation—All vessels, goods, wares, or merchandise which shall be condemn- ed by virtue of any law respecting the revenue from imports or tonnage, or the registering and recording, or the enrolling and licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other proper officer of the COUrt in which condemnation shall be had, to the highest bidder, at public auction, by order of such COUrt, and at such place as the Court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public Inewspapers of the place where such sale shall be; Or if no paper is published in such place, in one or more of the papers published in the nearest place thereto ; for which advertising, a sum not exceeding five dollars shall be paid. And the amount of such Sales, deducting all proper charges, shall be paid with- in ten days after such sale by the person selling the same to the clerk or other proper officer of the court directing such sale, to be by him, after deducting the Charges allowed by the court, paid to the collector of the district in which Such Seizure or forfeiture has taken place, as hereinbefore directed. (R. S. § 939.) Sale of prize property, see §§ 8406-8408. § 1566. Bailing of property seized in vacation —In any cause of admiralty and maritime jurisdic- tion, or other case of seizure, depending in any court Of the United States, any judge of the said court, in Vacation, Shall have the same authority to Order any vessel, or cargo, or other property to be delivered to the claimants, upon bail or bond, or to be sold when necessary, as the said Court has in term time, and to appoint appraisers, and exercise every Other in- Cidental power necessary to the complete execution Of the authority herein granted ; and the recognizance Of bail or bond, under such Order, may be executed before the clerk upon the party’s producing the Cer- tificate of the collector of the district, Of the sufficien- cy of the security offered ; and the same proceedings shall be had in case of said order of delivery or Of Sale, as are had in like cases when ordered in term time: Provided, That upon every such applica- tion, either for an order of delivery or of sale, the Collector and the attorney Of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases. (R. S. § 940.) § 1567. Delivery bond in admiralty proceed- ings—When a warrant of arrest or other process in rem is issued in any cause of admiralty jurisdiction, except in cases of seizures for forfeiture under any law of the United States, the marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the claimant of the property a bond or stipula- tion in double the almount claimed by the libelant, with sufficient surety, to be approved by the judge Of the court where the cause is pending, Or, in his absence, by the collector of the port, conditioned to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court, and judgment thereon, against both the principal and sureties, may be recovered at the time of rendering the decree in the Original cause. And the owner of any vessel may cause to be executed and delivered to the marshal a bond or stipulation, with sufficient surety, to be approved by the judge of the court in which he is marshal, conditioned to answer the decree of said COUrt in all Or any Cases that shall thereafter be brought in said court against the said vessel, and thereupon the execution of all such process against said vessel shall be stayed so long as the amount Se- cured by such bond or stipulation shall be at least double the aggregate amount claimed by the libelants in Such suits which shall be begun and pending against Said vessel; and like judgments and remedies Imay be had on said bond or stipulation as if a special bond Or stipulation had been filed in each of said Suits. The court may make such orders as may be necessary to carry this section into effect, and es- pecially for the giving of proper notice of any such Suit. Such bond or stipulation shall be indorsed by the Clerk with a minute of the suits wherein process is SO stayed, and further security may at any time be required by the court. If a special bond or stipu- lation in the particular cause shall be given under this Section, the liability as to said cause on the gen- eral bond or stipulation shall cease. (R. S. § 941, amended, March 3, 1899, c. 441, 30 Stat. 1354.) See § 8405. § 1568. Special bail in suits for duties and penalties—In all suits or prosecutions for the recov- ery of duties or pecuniary penalties prescribed by the laws Of the United States, commenced in any State where, by the laws thereof, imprisonment for debt Shall not have been abolished, the person against Whom process is issued shall be held to special bail, Subject to the rules which prevail in civil suits in which special bail is required. (R. S. § 942.) § 1569. Defendant giving bail in one district commimitted in another-When a defendant who has procured bail to respond to the judgment in a suit in any Court of the United States in any district is after- ward arrested in any other district and is committed to a jail, the use of which had been ceded to the Unit- ed States for the custody of prisoners, the judge of the Court wherein the Suit in which the defendant has SO procured bail is depending, shall, at the re- Quest Of the bail, Order that such defendant be held in said jail, in the custody of the marshal of the district in which it is. The said marshal, upon the delivery of such order, duly authenticated, shall receive such person into his custody, and thereupon be chargeable for an escape, and shall forthwith make a certificate, under his hand and seal, of such commitment, and transmit the same to the Court from which the Order issued, and, if required, shall make and deliver to such bail or to his attorney a duplicate thereof. Upon the return of said certificate, the court which made the said order, or any judge thereof, may direct that an exoneretur be entered upon the bail-piece, where Special bail shall have been found, or otherwise dis- charge such bail. (R. S. § 943.) - § 1570. Defendant held until judgment in first suit—When a defendant is committed by virtue of the order provided in the preceding section, he shall, unless sooner discharged by law, be holden in jail until final judgment is rendered in the Suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment is rendered against him, in Order that he may be charged in execution, which may, in such cases, be directed to and served by the marshal in whose custody he is. (R. S. § 944.) § 1571. Bail and affidavits; taking by com- missioners of circuit courts—Bail and affidavits, when required or allowed in any civil cause in any [circuit Or] district Court, may be taken by a Com- missioner of the circuit Court for the district ; and Such acknowledgments of bail and affidavits shall have the same effect as if taken before any judge of such courts. (R. S. § 945.) Text in brackets superseded by §§ 1266–1268. cuit court commissioners, see § 1333. § 1572. Calling of bail in Kentucky—When a bail-bond is given for the appearance of any person to answer in the district Or Circuit Court for the dis- trict of ICentucky, the clerk of such court shall call the party at the time he is bound to appear. If the party fails, the clerk shall enter such failure on his minutes, and On said entry judgment may afterward be made of record by the court; but if the party ap- pears, the clerk shall take another bond, with sureties As to cir- Ž 1573 (Tit. 13 THE JUDICIARY [Page 212] Similar to the first, for further appearance at the next succeeding term of the court, and if the party fails to give such other bond and surety, he shall Stand committed by order of the clerk until he com- plies. (R. S. § 946.) r - § 1573. Clerks may take bail de bene esse— Recognizances of special bail may be taken de bene esse by the clerks of the circuit and district courts, in the absence or in case of the disability of the judges, in any action depending in either of the said º Where Special bail is demandable. (R. S. § 7. - - - § 1574. Proceedings in suits against United States—The jurisdiction of the respective courts of the United States proceeding under this act, including the right Of exception and appeal, shall be govern- ed by the law now in force, in so far as the same is applicable and not inconsistent with the provisions of this act; and the course of procedure shall be in ac- COrdance with the established rules of said respec- tive Courts, and of such additions and modifications thereof as said Courts may adopt. (March 3, 1887, c. 359, § 4, 24 Stat. 506.) § 1575. Petition in suit against United States—The plaintiff in any suit brought under the proVisions Of the second section of this act shall file a petition, duly verified with the clerk of the respec- tive Court having jurisdiction of the case, and in the district where the plaintiff resides. Such petition Shall Set forth the full name and residence Of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money Or any Other thing claimed, or the damages SOught to be recovered and praying the court for a . judgment or decree upon the facts and law, (March 3, 1887, c. 359, § 5, 24 Stat. 506.) § 1576. Same; service; appearance by dis- trict attorney—The plaintiff shall cause a copy of his petition filed under the preceding section to be Served upon the district attorney Of the United States in the district wherein suit is brought, and shall mail a Copy of the same, by registered letter, to the Attor- ney-General of the United States, and shall thereup- On Callse to be filed. With the Clerk Of the COUIrt Where- in suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the inter- ests Of the Government in the Suit, and within Sixty days after the service of petition upon him, unless the time should be extended by Order Of the Court made in the Case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counter-claim, set-off, claim for damages, or Oth- er demand Or defense whatsoever of the GOvernment in the premises: Provided, That should the district attorney neglect or refuse to file the plea, answer, de- murrer, or defense, as required, the plaintiff may pro- Ceed With the Case under Such rules as the COurt may adopt in the premises; but the plaintiff shall not have judgment Or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfac- tory to the court. (March 3, 1887, c. 359, § 6, 24 Stat. 506.) § 1577. Opinion, findings, and conclusions in suit against United States—It shall be the duty of the court to cause a written opinion to be filed in the Cause, setting forth the specific findings by the court of the facts therein and the conclusions of the court upon all questions Of law involved in the case, and to render judgment thereon. If the suit be in equity or admiralty, the court shall proceed with the same ac- Cording to the rules of such courts. c. 359, § 7, 24 Stat. 506.) , w . - - § 1578. Judgment adverse to Government in suit against United States; appeal—When the findings of fact and the law applicable thereto have been filed in any case as provided in section six of (March 3, 1887, - this act, and the judgment or decree is adverse to the Government, it shall be the duty of the district at- torney to transmit to the Attorney-General of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the Written findings of the court, and his written opin- ion as to the same; whereupon the Attorney-Gener- al Shall determine and direct whether an appeal or Writ Of error shall be taken or not ; and when so di- rected the district attorney shall cause an appeal or Writ of error to be perfected in accordance with the terms Of the statutes and rules of practice governing the same: Provided, That no appeal or writ of error Shall be allowed after six months from the judgment Or decree in Such suit. From the date of Such final judgment Or decree interest shall be computed there- On, at the rate of four per centum per annum, until the time when an appropriation is made for the pay- ment of the judgment or decree. (March 3, 1887, c. 359, § 10, 24 Stat. 507.) * § 1579. Partition suits where United States is tenant in common or joint tenant—When such Suit is brought by any person owning an undivided interest in Such land, Other than the United States, against the United States alone or against the Unit- ed States and any other of Such owners, service shall be made on the United States by causing a copy of the bill filed to be served upon the district attorney of the district wherein the suit is brought, and by mail- ing a copy of the same by registered letter to the At- torney-General of the United States ; and the com- plainant in such bill shall file with the clerk Of the court in which such bill is filed an affidavit of such service and Of the mailing Of Such letter. It shall be the duty of the district attorney upon whom service Of the bill is made as aforesaid to appear and defend the interests of the Government, and within sixty days after service upon him as hereinabove prescrib- ed, unless the time shall be enlarged by Order of the Court made in the case, to file a plea, answer, or de- murrer on the part of the Government, and the cause shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that Con- trol Courts of equity in partition proceedings be- tween private persons. Whenever in such suit the Court shall Order a sale Of the property Or any part thereof the Attorney-General Of the United States may, in his discretion, bid for the same in behalf of the United States. If the United States Shall be the purchaser, the amount Of the purchase money shall be paid from the Treasury of the United States upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney-General. (May 17, 1898, c. 339, § 2, 30 Stat. 416.) § 1580. Amerudiment of process—Any [circuit or] district court may at any time, in its discretion, and upon such terms as it may deem just, allow an amendment of any process returnable to or before it, where the defect has not prejudiced, and the amend- ment will not injure the party against whom such process issues. (R. S. § 948.) Text in brackets superseded by §§ 1266–1268. § 1581. Priority of cases where a State is party—When a State is a party, or the execution of the revenue laws of a State is enjoined or stayed, in any suit in a court of the United States, such State Or the party claiming under the revenue laws Of a State, the execution whereof is enjoined or stayed, shall be entitled, On showing Sufficient reason, to have the cause heard at any time after it is docketed, in preference to any Civil cause pending in Such court between private parties. (R. S. § 949.) § 1582. Notice of case for trial—In all civil ac- tions in the courts of the United States either party may notice the same for trial. (R. S. § 950.) § 1583. Trial of issues of fact—The trial of issues of fact in the district courts, in all causes ex- Ch. 18) & 1592. THE JUDICIARY [Page 213] - cept cases in equity and cases of admiralty and mari- time jurisdiction, and except as otherwise provided in proceeding in bankruptcy, shall be by jury. In causes of admiralty and maritime jurisdiction relat- ing to any matter of contract or tort arising upon Or Concerning any VeSSel. Of twenty tons burden Or up- ward, enrolled and licensed for the Coasting trade, and at the time employed in the business Of COmmerce and navigation between places in different States and Territories upon the lakes and navigable Waters con- necting the lakes, the trial Of issues of fact shall be by jury when either party requires it. (R. S. § 566.) See §§ 1584-1587. * § 1584. Same; by jury—The trial Of issues of fact in the circuit Courts shall be by jury, except in cases of equity and of admiralty and maritime juris- diction, and except as otherwise provided in proceed- ings in bankruptcy, and by the next section. (R. S. § 648. - - 'tºº of issues of fact in District Court, see § 1583. Cir- cuit Courts were abolished by § 1266, and provisions relat- ing thereto made applicable to District Courts, by § 1274. § 1585. Saxme; in admiralty causes—The circuit COUlts Of the United States, in deciding causes of ad- miralty and maritime jurisdiction on the instance- Side Of the COurt, shall find the facts and the Con- Clusions of law upon which it renders its judgments Or decrees, and shall state the facts and conclusions Of law separately. And in finding the facts, as be- fore provided, said Court may, upon the consent of the parties who shall have appeared and put any matter Of fact in issue, and Subject to such general rules in the premises as shall be made and provided from time to time, impanel a jury Of not less than five and not more than twelve persons, to whom shall be submitted the issues of fact in such cause, under the direction of the court, as in cases at common law. And the finding of such jury, unless set aside for lawful cause, shall be entered of record, and stand as the finding of the COurt, upon which judgment shall be entered ac- COrding to law. The review . Of the judgments and decrees entered upon such findings by the Supreme Court, upon appeal, shall be limited to a determina- tion of the questions of law arising upon the record, and to such rulings of the circuit court, excepted to at the time, as may be presented by a bill of excep- tions, prepared as in actions at law. (Feb. 16, 1875, c. 77, § 1, 18 Stat. 315.) Appellate jurisdiction in admiralty and patent cases con- ferred on Circuit Courts of Appeals by § 1120. Circuit Courts abolished, and their powers and duties transferred to District Courts by §§ 1266–1268; jurisdiction in admiralty and patent cases conferred on District Courts by § 991 (7). This section probably inoperative, except as applicable to District Courts. See, also, , § 1583. § 1586. Sayºne; in equity in patent causes— Said Courts, when sitting in equity for the trial Of patent Causes, may impanel a jury Of not less than five and not more than twelve persons, subject to Such general rules in the premises as may, from time to time, be made by the Supreme Court, and Submit to them such questions of fact arising in such cause as Such circuit Court shall deem expedient and the ver- dict of such jury shall be treated and proceeded up- On in the same manner and With the same effect as in the Case of issues sent from Chancery to a court of law and returned with such findings. (Feb. 16, 1875, c. 77, § 2, 18 Stat. 316.) See § 1585 and note. § 1587. Same; by court—Issues of fact in civil cases in any Circuit COurt may be tried and deter- mined by the Court, without the intervention of a jury, whenever the parties, or their attorneys of rec- ord, file with the clerk a stipulation in writing waiv- ing a jury. The finding of the Court upon the facts, which may be either general Or Special, shall have the same effect as the verdict of a jury. (R. S. § 649.) See § 1585 and note. See, also, $ 1668. § 1588. Suits of United States against in- dividuals; credits—In suits brought by the United States against individuals, no claim for a credit shall | be admitted, upon trial, except such as appear to have been presented to the accounting officers Of the Treasury, for their examination, and to have been by them disallowed, in whole or in part, unless it is proved to the satisfaction of the Court that the de- fendant is, at the time of the trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such Credit at the Treasury by absence from the United States or by some unavoidable accident. (R. S. § 951.) § 1589. Suits under postal laws; credits—NO claim for a credit shall be allowed upon the trial of any suit for delinquency against a postmaster, Con- tractor, or other officer, agent, or employé Of the Post-Office department, unless the same has been pre- sented to the Sixth Auditor and by him disallowed, in whole or in part, or unless it is proved to the Satisfac- tion of the court that the defendant is, at the time of trial, in possession of vouchers not before in his pow- er to procure, and that he was prevented from ex- hibiting to the said Auditor a claim for such Credit by some unavoidable accident. (R. S. § 952.) § 1590. Bill of exceptions—A bill of exceptions allowed in any cause shall be deemed sufficiently au- thenticated if signed by the judge of the Court in which the cause was tried, or by the presiding judge thereof if more than one judge sat at the trial of the cause, without any seal of the court or judge an- nexed thereto. And in case the judge before Whom the cause has heretofore been or may hereafter be tried is, by reason of death, sickness, or other dis- ability, unable to hear and pass upon the motion for a new trial and allow and sign said bill of exceptions, then the judge who succeeds such trial judge, Or any other judge of the court in which the cause Was tried, holding such court thereafter, if the evidence in Such cause has been or is taken in stenographic notes, Or if the said judge is satisfied by any other means that he can pass upon such motion and allow a true bill of exceptions, shall pass upon said motion, and al- low and sign such bill of exceptions; and his ruling upon such motion and allowance and signing Of Such bill of exceptions shall be as valid as if Such ruling and allowance and signing of such bill of exceptions had been made by the judge before Whom Such Cause was tried; but in case said judge is satisfied that OW- ing to the fact that he did not preside at the trial, or for any other cause, that he cannot fairly pass upon said motion, and allow and sign said bill of eXCep- tions, then he may in his discretion grant a new trial to the party moving therefor. (R. S. § 953, amended, June 5, 1900, c. 717, § 1, 31 Stat. 270.) New trial, see § 1246. § 1591. Defects of form; amendments-No summons, writ, declaration, return, process, judgment, or other proceedings in civil causes, in any Court Of the United States, shall be abated, arrested, quashed, or reversed for any defect or want of form ; but such court shall proceed and give judgment aCCOrding as the right of the cause and matter in law shall appear to it, without regarding any such defect, or Want of form, except those which, in cases of demurrer, the party demurring specially sets down, together with his demurrer, as the cause thereof; and Such Court shall amend every such defect and want of form, other than those which the party demurring SO expresses; and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such Con- ditions as it shall, in its discretion and by its rules, prescribe. (R. S. § 954.) Other provisions as to amendments, see §§ 1251a, 1251c, 0 § 1592. Death of parties—When either of the parties, whether plaintiff, or petitioner, or defendant, in any suit in any court of the United States, dies before final judgment, the executor or administrator of such deceased party may, in Case the Cause of a C- tion survives by law, prosecute or defend any Such suit to final judgment. The defendant shall anSWer & 1593 (Tit. 13 THE JUDICIARY IPage 214] accordingly; and the court shall hear and determine the cause and render judgment for Or against the executor or administrator, as the case may require. And if such executor or administrator, having been duly served with a scire facias from the Office of the clerk of the court where the suit is depending, twenty days beforehand, neglects or refuses to become party to the suit, the court may render judgment against the estate of the deceased party, in the same manner as if the executor or administrator had Voluntarily made himself a party. The executor or administrator who becomes a party as aforesaid, shall, upon motion. to the court, be entitled to a continuance of the Suit until the next term of said court. (R. S. § 955.) $ 1593. Death of one of several plaintiffs or defendants—If there are two or more plaintiff's Or defendants, in a suit where the cause of action Sur- Vives to the surviving plaintiff or against the surviv- ing defendant, and One or more of them dies, the Writ Or action shall not be thereby abated ; but, such death being suggested upon the record, the action shall pro- Ceed at the suit of the Surviving plaintiff against the surviving defendant. (R. S. § 956.) - . § 1594. Death or expiration of term of officer sued in official capacity—No suit, action, or other proceeding lawfully commenced by or against the head Of any Department or Bureau or other officer of the United States in his official capacity, or in relation to the discharge of his official duties, shall abate by rea- Son of his death, or the expiration of his term of Of- fice, or his retirement, or resignation, or removal from office, but, in such event, the Court, on motion or sup- plemental petition filed, at any time within twelve months thereafter, showing a necessity for the sur- vival thereof to obtain a settlement of the questions involved, may allow the same to be maintained by or against his successor in office, and the Court may make such order as shall be equitable for the payment of costs. (Feb. 8, 1899, c. 121, 30 Stat. 822.) § 1595. Delinquents for public money; judg- ment—When suit is brought by the United States against any revenue officer or other person accounta- ble for public money, who neglects or refuses to pay into the Treasury the sum or balance reported to be due to the United States, upon the adjustment of his account it shall be the duty of the court to grant judgment at the return term, upon motion, unless the defendant, in Open Court, (the United States attorney being present,) makes and SubSCribes an Oath that he is equitably entitled to credits which had been, previ- ous to the commencement of the suit, submitted to the accounting Officers of the Treasury, and rejected ; specifying in the affidavit each particular claim so re- jected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeeding term may be granted. Such continu- ance may also be granted When the Suit is brought upon a bond or other sealed instrument, and the de- fendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the Court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. And no continuance shall be granted except as herein provided. (R. S. § 957.) § 1596. Suits under postal laws; judgment— In Suits arising under the postal laws the Court shall proceed to trial, and render judgment at the return term ; but whenever service of process is not made at least twenty days before the return day of such term, the defendant is entitled to One Continuance, if, on his statement, the Court deems it expedient; and if he makes affidavit that he has a Claim against the Post-Office Department, which has been submitted to and disallowed by the Sixth Auditor, specifying such claim in his affidavit, and that he could not be pre- pared for trial at such term for want of evidence, the court, if satisfied thereof, may grant a continuance until the next term. (R. S. § 958.) . § 1597. Suits on debentures; judgment—In all suits for the recovery of money upon debentures is- sued by the collectors of customs, under any act for the collection of duties, it shall be the duty of the Court to grant judgment at the return term, unless the defendant, in Open Court, exhibits some plea, On Oath, by which the Court is satisfied that a continu- ance is necessary to the attainment of justice; in which case, and not otherwise, a continuance until the next term may be granted. (R. S. § 959.) . . § 1598. Suits on bonds for recovery of duties; judgment—When suit is brought on any bond for the recovery of duties due to the United States, it shall be the duty of the court to grant judgment at the re- turn term, upon motion, unless the defendant, in open Court, (the United States attorney being present,) makes Oath that an error has been committed in the liquidation of the duties demanded upon such bond, Specifying the errors alleged to have been Committed, and that the same have been notified in writing to the collector of the district before the said return term ; whereupon a COntinuance may be granted until the next term, and no longer, if the court is satisfied that such continuance is nécessary for the attainment of justice. (R. S. § 960.) § 1599. Judgment in equity on bonds—In all suits brought to recover the forfeiture annexed to any articles of agreement, Covenant, bond, or other specialty, where the forfeiture, breach, or non-per- formance appears by the default or confession of the defendant, or upon demurrer, the court shall render judgment for the plaintiff to recover so much as is due according to equity. ... And when the sum for which judgment should be rendered is uncertain, it shall, if either of the parties request it, be assessed by a jury. (R. S. § 961.) - § 1600. Judgment for duties; collected in coin–In all suits by the United States for the recov- ery of duties upon imports, or of penalties for the non-payment thereof, the judgment shall recite that it is rendered for duties, and such judgment, with interest thereon, and costs, shall be payable in the Coin by law receivable for duties; and the execution issued thereon shall set forth that the recovery is for duties, and shall require the marshal to satisfy the same in the coin by law receivable for duties; and in case of levy upon and sale of the property of the judgment debtor, the marshal shall refuse pay- ment from any purchaser at such sale in any other money than that specified in the execution. (R. S. § 962.) . - § 1601. Interest; bonds for duties—Upon all bonds, on which suits are brought for the recovery of duties, interest shall be allowed, at the rate of six per Centum a year, from the time when said bonds became due. (R. S. § 963.) - § 1602. Same; balances due Post-Office De- partment—In all suits for balances due to the Post- Office Department, interest thereon shall be recovered, from the time of the default, at the rate of six per centum per year. (R. S. $ 964.) . § 1603. Same; debentures—In suits upon deben- tures, issued by the collectors of the customs under any act for the collection of duties, interest shall be allowed, at the rate Of six per Centum per annum, fröm the time when such debenture became due and payable. (R. S. § 965.) - § 1604. Final record in equity and admiralty —In equity and admiralty causes, only the process, pleadings, and decree, and such Orders and memo- randums as may be necessary to show the jurisdic- tion of the Court and regularity of the proceedings, shall be entered upon the final record. (R. S. $ 750.) Transcripts of records on appeal, see § 1654. - JUDGMENTS, COSTS, EXECUTIONS, AND MON. EYS PAID INTO COURT § 1605. Interest on judgments—Interest shall be allowed on all judgments in civil Causes, recoVered Ch. 18) 3 1619 THE JUDICIARY IIPage 215] in a circuit or district court, and may be levied by the marshal under process of execution issued there- on, in all cases where, by the law of the State in which such court is held, interest may be levied un- der process of execution on judgments recovered in the courts of such State; and it shall be calculated from the date of the judgment, at such rate as is allowed by law on judgments recovered in the courts of such State. (R. S. § 966.) § 1606. Judgments; liens of—Judgments and decrees rendered in a [circuit or] district court of the United States within any State, shall be liens on property throughout such State in the same man- ner and to the Same extent and under the Same COn- ditions only as if such judgments and decrees had been rendered by a court of general jurisdiction of such State: Provided, That whenever the laws of any State require a judgment or decree of a State court to be registered, recorded, docketed, indexed, Or any other thing to be done, in a particular manner, or in a certain office or County, or parish in the State of Louisiana before a lien shall attach, this act shall be applicable therein whenever and Only whenever the laws of such State shall authorize the judgments and decrees of the United States Courts to be regis- tered, recorded, docketed, indexed, or otherwise con- formed to the rules and requirements relating to the judgments and decrees of the Courts of the state. (Aug. 1, 1888, c. 729, § 1, 25 Stat. 357.) . Text in brackets superseded by §§ 1266–1268. § 1607. Indiees of judgment Clerks Of the several Courts Of the United States shall prepare and keep in their respective Offices complete and COnvenient indices and CrOSS-indices of the judg- ment records of said Courts, and such indices and records shall at all times be Open to the inspection and examination of the public. (Aug. 1, 1888, c. 729, § 2, 25 Stat. 357.) § 1608. Judgments cease to be liens, when— Judgments and decrees rendered in a [circuit or] . district Court, within any State, shall cease to be liens On real estate Or chattels real, in the same man- ner and at like periods as judgments and decrees of the courts Of Such State cease, by law, to be liens thereon. (R. S. § 967.) s § 1609. Costs; plaintiff not entitled to, when —When, in a circuit Court, a plaintiff in an action at law. Originally brought there, or a petitioner in equity, other than the United States, recovers less than the Sum Or Value Of five hundred dollars, ex- clusive of Costs, in a case which cannot be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value; or a libelant, upon his Qwn appeal, recovers less than the sum or value of three hundred dollars, exclusive of costs, he shall not be allowed, but, at the discretion of the court, may be adjudged to pay, costs. (R. S. § 968.) This section inoperative as to Circuit Courts by the abo- iition thereof, by § 1266, but provisions thereof made ap- plicable to District Courts, by § 1268. Provision as to costs on appeal is applicable to appeals to Circuit Court of Ap- peals by § 1651. § 1610. Same; internal revenue suits—When a suit for the recovery Of any penalty or forfeiture accruing under any law providing internal revenue is brought upon information received from any per- Son. Other than a Collector, deputy Collector, Or in- spector of internal revenue, the United States shall not be subject to any Costs of suit. (R. S. § 969.) § 1611. Same; seizures; claimant not enti- tled to, when—When, in any prosecution Commenced On account of the Seizure of any vessel, goods, Wares, Dr merchandise, made by any collector or other Officer, under any act of Congress authorizing such seizure, judgment is rendered for the claimant, but it appears to the court that there was reasonable Cause Of Sei- zure, the court shall cause a proper certificate there- of to be entered, and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to records—The suit or judgment on account of such suit or prosecu- tion: Provided, That the vessel, goods, wares, Or merchandise be, after judgment, forthwith returned to such claimant or his agent. (R. S. § 970.) § 1612. Same; seizures; double costs—If, in any suit against an officer or other person executing Or aiding or assisting in the seizure of goods, under any act providing for or regulating the collection Of duties On imports Or tonnage, the plaintiff is non- Suited, or judgment passed against him, the defend- ant shall recover double costs. (R. S. § 971.) : § 1613. Same; copyright suits—In all re- Coveries under the copyright laws, either for dam- ages, forfeitures, Or penalties, full Costs shall be al- lowed thereon. (R. S. § 972.) § 1614. Same; infringement of patent; dis- claimer—When judgment Or decree is rendered for the plaintiff Or COmplainant, in any Suit at law Or in equity, for the infringement of a part of a patent, in which it appears that the patentee, in his specific Cation, claimed to be the Original and first inventOI: Or discoverer of any material Or Substantial part Of the thing patented, Of which he was not the Original and first inventor, no costs shall be recovered, un- less the proper disclaimer, as provided by the patent- laws, has been entered at the Patent-Office before the suit was brought. (R. S. § 973.) -- § 1615. Same; fines or forfeitures—When judgment is rendered against the defendant in a prosecution for any fine Or forfeiture incurred under a statute of the United States, " he shall be subject to the payment Of COStS ; and On every conviction for any other offense not capital, the court may, in its discretion, award that the defendant shall pay the costs of the prosecution. (R. S. § 974.) § 1616. Same; recoverable by defendant in prosecution—If any informer or plaintiff on a penal statute, to whom the penalty or any part thereof, if recovered, is directed to accrue, discontinues his suit or prosecution, or is nonsuited therein, or if upon trial judgment is rendered in favor of the de- fendant, the COurt Shall award to the defendant his Costs, unless such informer Or plaintiff is an Officer Of the United States Specially authorized to Com- mence Such prosecution, and the COurt, at the trial in Open Court, Certifies upon the record that there Was reasonable Cause for COmmencing the same ; in which case no costs shall be adjudged to the de- fendant. (R. S. § 975.) - : § 1617. Fees of clerk, marshal, or attorney; payable by informer—If any informer On a penal Statute, to Whom the penalty Or any part thereof, if . recovered, is directed to accrue, discontinues his suit Or prosecution, Or is nonSuited therein, or if upon trial judgment is rendered in favor Of the defendant, such informer shall be alone liable to the clerk, mar- shal, and attorney for the fees of such prosecution, unless he is an Officer of the United States whose duty it is to Commence such prosecution, and the COurt Certifies that there was reasonable Cause for COmmencing the same ; in which Case the United States shall be responsible for such fees. (R. S. § 976.) § 1618. Costs; several actions—If Several ac- tions or processes are instituted, in a COurt of the United States or one of the Territories, against per- sons who might legally be joined in One action. Or process touching the matter in dispute, the party pursuing the same shall not recover, on all of the judgments therein which may be rendered in his fa- VOr, the CostS Of more than One action Or process, unless Special cause for said several actions or processes is satisfactorily shown on motion in Open . court. (R. S. § 977.) § 1619. Same; libels against vessel and eargo —When proceedings are had before a Court of the United States or of the Territories, on several libels against any vessel and cargo, which might legally be joined in One libel, there shall not be allowed there- 3 1620 (Tit. 13 THE JUDICIARY IPage 216] - on more costs than on one libel, unless Special cause for libeling the vessel and cargo separately is satis- factorily shown on motion in "open court. And in proceedings on several libels Or informations against any cargo, or parts of cargo, or merchandise seized as forfeited for the same cause, there shall not be allowed more costs than would be lawful On One libel or information, whatever may be the number Of owners or consignees therein concerned. But allow- ance may be made on one libel or information for the costs incidental to several claims. (R. S. § 978.) § 1620. Same; claimant’s; payment before possession—When judgment is rendered in favor of the claimant of any vessel or other property seized on behalf of the United States, and libeled Or informed against as forfeited under any law thereof, he shall be entitled to possession of the same when his OWn costs are paid. (R. S. § 979.) Costs in prize courts, see §§ 8415, 8416. § 1621. Same; tions—When a district attorney prosecutes two Or more indictments, suits, or proceedings which should be joined, he shall be paid but One bill Of COStS for all of them. (R. S. § 980.) Superseded, except as to District of Columbia, by §§ 1422-1450. § 1622. Witness fees before commissioner; taxation—In no case shall the fees of more than four witnesses be taxed against the United States, in the examination of any criminal case before a Commis- Sioner of a circuit Court, unless their materiality and importance are first approved and certified to by the district attorney for the district in which the examination is had ; and such taxation shall be Sub- ject to revision, as in Other cases. (R. S. § 981.) As to commissioners, see § 1337. § 1623. Costs; attorney liable for, when— If any attorney, proctor, or other person admitted to conduct causes in any Court of the United States, Or of any Territory, appears to have multiplied the pro- ceedings in any cause before such Court, so as to in- crease COsts unreasonably and vexatiously, he shall be required, by Order of the court, to satisfy any . (R. S. § 982.) taxation—The bill. Of excess of Costs so increased. § 1624. Same; bill of; fees Of the clerk, marshal, amount paid printers and witnesses, and lawful fees for exemplifications and Copies of papers necessarily obtained for use on trials in cases where by law Costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the Court, and be included in and form a portion of a judgment or decree against the losing party. Such taxed bills shall be filed with the papers in the cause. (R. S. § 983.) § 1625. Same; bill of; sworn to—Before any bill of costs shall be taxed by any judge or Other Of- ficer, or allowed by any officer of the Treasury, in favor of clerks, marshals, commissioners, Or district attorneys, the party claiming Such bill shall prove by his Own Oath, Or that Of Some Other perSOn having a knowledge of the facts, to be attached to such bill, and filed there with, that the services charged therein have been actually and necessarily performed, as therein stated. (R. S. § 984.) § 1626. Suits by poor persons; prepayment of or security for fees or costs; affidavit of poverty—Any citizen of the United States entitled to Commence. Or defend any Suit or action, Civil Or criminal, in any court of the United States, may, upon the order of the court, commence and prose- Cute Or defend to conclusion any suit or action, or a writ of error, or an appeal to the circuit court of appeals, or to the Supreme Court in such suit or a C- tion, including all appellate proceedings, unless the trial court shall certify in writing that in the opinion of the court such appeal or writ of error is not taken in good faith, without being required to prepay fees or costs or for the printing of the record in the appel- late court or give security therefor, before or after one bill for several prosecu- incurred. and attorney, and the bringing suit Or action, or upon Suing out a Writ Of error Or appealing, upon filing in said court a State- ment under oath in writing that because of his pover- ty he is unable to pay the costs of said suit or action or of such writ of error or appeal, or to give security for the same, and that he believes that he is entitled to the redress he seeks by such suit or action Or writ of error or appeal, and setting förth briefly the nature of his alleged cause of action, or appeal. (July 20, 1892, c. 209, § 1, 27 Stat. 252, amended, June 25, 1910, c. 435, 36 Stat. 866.) § 1627. Same; false swearing in affidavit of poverty, perjury—After any such suit or action shall have been brought, or that is now pending, the plain- tiff may answer and avoid a demand for fees Cr security for costs by filing a like affidavit, and will- ful false swearing in any affidavit provided for in this Or the previous section, shall be punishable as perjury is in other cases. (July 20, 1892, c. 209, § 2, 27 Stat. 252.) - - § 1628. Same; process; witnesses—The Officers Of court shall issue, serve all process, and perform all duties in such cases, and witnesses shall attend as in other cases, and the plaintiff shall have the same remedies as are provided by law in other Cases. (July 20, 1892, c. 209, § 3, 27 Stat. 252.) § 1629. Same; assignment of attorney; dis- missal of cause—The Court may request any attor- ney of the court to represent such poor person, if it deems the cause worthy of a trial, and may dismiss any such cause so brought under this act if it be made to appear that the allegation of poverty is un- true, or if said court be satisfied that the alleged cause of action is frivolous or malicious. (July 20, 1892, c. 209, § 4, 27 Stat. 252.) § 1630. Same; judgment for costs—Judgment may be rendered for costs at the conclusion of the suit as in other cases: Provided, That the United States shall not be liable for any of the costs thus (July 20, 1892, c. 209, § 5, 27 Stat. 252.) § 1630a. Suits by seamen without prepay- ment of or bond for costs—Courts of the United States shall be open to seamen, without furnishing bonds or prepayment of or making deposit to secure fees Or costs, for the purpose of entering and prose- cuting suit or suits in their own name and for their own benefit for wages or salvage and to enforce laws made for their health and safety. (June 12, 1917, C. 27, § 1, 40 Stat. 157.) - § 1631. Executions; run in all districts of State—All writs of execution upon judgments Or de- Crees Obtained in a circuit 'Or district Court, in any State which is divided into two or more districts, may run and be executed in any part of such State; but shall be issued from, and made returnable to, the court wherein the judgment was obtained. (R. S. § 985.) - § 1632. Same; run in every State and Terri- tory—All writs of execution upon judgments obtained for the use of the United States, in any Court thereof, in one State, may run and be executed in any other State, or in any Territory, but shall be issued from and made returnable to, the Court wherein the judg- ment was obtained. (R. S. § 986.) § 1633. Same; stay on conditions—When a cir- cuit court enters judgment in a civil action, either upon, a verdict Or on a finding Of the court upon the facts, in cases where such finding is allowed, execu- tion may, on motion of either party, at the discretion Of the Court, and On Such conditions for the Security of the adverse party as it may judge proper, be stayed forty-two days from the time of entering judg- ment, to give time to file in the clerk’s office of said court a petition for a new trial. If such petition is filed within Said term of forty-two days, with a Cer- tificate thereon from any judge of such Court that he allows it to be filed, which certificate he may make or refuse at his discretion, execution shall, Of course, be further stayed to the next session of said court. Ch. 18) 3 1645 THE JUDICIARY [Page 2171 If a new trial be granted, the former judgment shall be thereby rendered void. (R. S. § 987.) § 1634. Same; stay of one term—In any State where judgments are liens upon the property of the defendant, and where, by the laws of such State, de- fendants are entitled, in the Courts thereof, to a stay Of execution for One term Or more, defendants in actions in the COurts of the United States, held there- in, shall be entitled to a stay of execution for One term. (R. S. § 988.) § 1635. Same; against officers of revenue in cases of probable cause—When a recovery is had in any suit or proceeding against a collector or other officer of the revenue for any act done by him, Or for the recovery of any money exacted by Or paid to him and by him paid into the Treasury, in the per- formance of his official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or Other proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appro- priation from the Treasury. (R. S. § 989.) § 1636. Imprisonment for debt—No perSOn shall be imprisoned for debt in any State, On process issuing from a court of the United States, where, by the laws of such State, imprisonment for debt has been or shall be abolished. And all modifications, Conditions, and restrictions upon imprisonment for debt, provided by the laws of any State, shall be ap- plicable to the process issuing from the Courts of the United States to be executed therein; same course of proceedings shall be adopted therein as may be adopted in the Courts of such State. (R. S. § 990.) f § 1637. Same; discharge—When any person is arrested or imprisoned in any State, On meSne pro- cess or execution issued from any court of the United States, in any civil action, he shall be entitled to dis- charge from such arrest Or imprisonment in the same manner as if he were so arrested and imprisoned on like process from the courts of such State. The same oath may be taken, and the same notice thereof shall be required, as may be provided by the laws Of such State, and the same Course of proceedings shall be adopted as may be adopted in the courts thereof. But all such proceedings shall be had before One of the Commissioners of the Circuit Court for the dis- trict where the defendant is so held. (R. S. § 991.) § 1638. Same; jail limits—Persons imprisoned on process issuing from any court of the United States in civil actions, as well at the Suit of the United States as at the suit of any perSOI), Shall be entitled to the same privileges of the yards Of the respective jails as persons confined in like cases on process from the courts of the respective States are entitled to, and under the like regulations and re- strictions. (R. S. § 992.) § 1639. Fieri facias; appraisal of goods- When it is required by the laws of any State that goods taken in execution on a writ of fieri facias shall be appraised, before the sale thereof, the appraisers appointed under the authority of the State may ap- praise goods taken in execution on a fieri facias issued out of any court of the United States, in the same manner as if Such Writ had issued Out of a Court Of Such State. And the marshal, in whose Cus- tody such goods may be, shall Summon the appraisers, in the same manner as the Sheriff is, by the laws of such State, required to summon them; and if the appraisers, being duly summoned, fail to attend and perform the duties required Of them, the marshal may proceed to sell Such goods without an appraise- ment. When such appraisers attend they shall be entitled to the like fees as in cases of appraisements under the laws of the State. (R. S. § 993.) and the § 1640. Sales; real property under order or decree—All real estate or any interest in land sold under any order or decree of any United States Court Shall be SOld at public sale at the Court-house of the County, parish, or city in which the property, or the greater part thereof, is located, or upon the premises, as the COurt rendering such Order or decree of Sale may direct. (March 3, 1893, c. 225, § 1, 27 Stat. 751.) § 1641. Same; personal property under order or decree—All personal property sold under any or- der Or decree of any Court of the United States shall be SOld as provided in the first section of this act, unless in the Opinion of the COurt rendering such or- der Or decree, it would be best to sell it in some Other manner. (March 3, 1893, c. 225, § 2, 27 Stat. 751.) . - § 1642. Same; real property under order or decree; notice—Hereafter no sale of real estate un- der any order, judgment, or decree of any United States Court shall be had without previous publica- tion of notices of such proposed sale being Ordered and had Once a week for at least four Weeks prior to such sale in at least one newspaper printed, regular- ly issued and having a general circulation in the County and State where the real estate proposed to be sold is situated, if such there be. If said proper- ty shall be situated in more than one county Or State, such notice shall be published in such of the COunties where said property is situated, as the court may di- rect. Said notice shall, among other things, describe the real estate to be sold. The court may, in its dis- Cretion, direct the publication of the notice of sale herein provided for to be made in such other papers as may seem proper. (March 3, 1893, C. 225, $ 3, 27 Stat. 751.) § 1643. Same; death of marshal after levy or after sale—When a marshal dies, or is removed from office, or the term of his commission expires, after he has taken in execution, under process from a court of the United States, any lands, tenements, Or hereditaments, and before sale or other final dispo- sition thereof, the like process shall issue to the SuC- ceeding marshal, and the same proceeding shall be had as if such marshal had not died or been removed, or the term of his commission had not expired. And when a marshal dies or is removed from Office, Or the term of his commission, expires, after he has sold any lands, tenements, or hereditaments, under process from a court of the United States, and before a deed for the same is executed by him to the pur- chaser, such court may, On application by the pur- chaser, or by the plaintiff at whose suit the sale was made, setting forth the case and the reason why the title was not perfected by Said marshal, Order the marshal for the time being to perfect the title and execute a deed to the purchaser, upon his paying the purchase-money and costs remaining unpaid. (R. S. § 994.) § 1644. Moneys paid into court; deposit—All moneys paid into any court of the United States, or received by the officers thereof, in any cause pending or adjudicated in such court, shall be forthWith de- posited with the Treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to the Credit of Such court: Provided, That nothing herein shall be construed to prevent the de- livery of any such money upon security, according to agreement Of parties, under the direction of the court. (R. S. § 995.) § 1645. Same; withdrawal—No money deposit- ed as aforesaid shall be withdrawn except by Order of the judge or judges of said Court, respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and Certified of record by the clerk; and every such Order shall state the cause in Or on account of which it is drawn. In every case in which the right to withdraw mon- ey so deposited has been adjudicated Or is not in º 3 1646 (Tit. 13 THE JUDICIARY IPage 218] dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto, it shall be the duty of the judge Or judges of said court, or its successor, to cause such money | to be deposited in the Treasury of the United States, in the name and to the credit of the United States: Provided, That any person or persons or any cor- poration or company entitled to any such money may, On petition to the court from which the money was received, or its successor, and upon notice to the United States attorney and full proof of right there- to, obtain an order of court directing the payment of such money to the claimant, and the money deposited as aforesaid shall constitute and be a permanent appropriation for payments in Obedience to such Or- lders, and this Act is applicable to all money deposit- ed in the Treasury of the United States in accord- ance with section nine hundred and ninety-six; Re- vised Statutes of the United States, as amended Feb- ruary nineteenth, eighteen hundred and ninety-seven. (R. S. § 996, amended, Feb. 19, 1897, c. 265, § 3, 29 Stat. 578, March 3, 1911, c. 224, 36 Stat. 1083.) PROCEDURE ON ERROR AND APPEAL § 1646. Appellate jurisdiction—No appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district court to the existing circuit courts, and no appellate jurisdiction shall hereafter be exercised or allowed by said exist- ing circuit courts, but all appeals by Writ of error otherwise, from said district courts shall only be sub- ject to review in the Supreme Court of the United States Or in the Circuit COUIrt of appeals hereby eS- tablished, as is hereinafter provided, and the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the Su- preme Court of the United States or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same. (March. 3, 1891, c. 517, § 4, 26 Stat. 827.) Inoperative by abolition of Circuit Courts by § 1266, ex- cept as made applicable to District Courts by § 1268. Fur- ther as to appellate jurisdiction, see §§ 1120, 1121, 1215-1218, 1647, 1648, 1651, 1670. § 1647. District courts to circuit courts of ap- peals; time for taking—No appeal or writ of error by which any order, judgment, or decree may be re- viewed in the circuit court of appeals under the pro- : visions of this act shall be taken or sued out except within six months after the entry of the order, judg- ment, or decree sought to be reviewed: Provided how- ever, That in all cases in which a lesser time is now by law limited for appeals or writs of error such lim- 3. its of time shall apply to appeals or writs of error in such cases taken to or sued out from the circuit courts of appeals. (March 3, 1891, c. 517, § 11, 26 Stat. 829.) See §§ 1121, 1651. - § 1648. Circuit courts of appeals to Supreme Court; time for taking—In all cases not hereinbe- fore, in this section, made final there shall be of right an appeal or writ of error or review of the case by the Supreme Court of the United States where the matter in controversy shall exceed one thousand dol- lars besides costs. But no such appeal shall be taken or writ of error sued out unless within one year after the entry of the order, judgment, or decree sought to be reviewed. (March 3, 1891, c. 517, § 6, 26 Stat. 828.) See §§ 1228a, 1649. . x § 1649. To Supreme Court, time for taking— No judgment, decree, or order of a [circuit or dis- trict Court, in any civil action, at law or in equity, shall be reviewed in the Supreme Court, on writ of er- ror or appeal, unless the Writ of error is brought, or the appeal is taken, within two years after the entry of such judgment, decree, or Order: Provided, That where a party entitled to prosecute a writ of error or to take an appeal is an infant, insane person, or im- prisoned, such writ of error may be prosecuted, or such appeal may be taken, Within two years after & the judgment, decree, or order, exclusive of the term of such disability. (R. S. § 1008.) . - Text in brackets superseded by §§ 1266–1268. §§ 1000, 1228a, 1274, 1647, 1648. • * § 1649a. Bismissai for use of wrong remedy– See, also, No court having power to review a judgment or de- cree rendered or passed by another shall dismiss a writ of error solely because an appeal should have been taken, or dismiss an appeal solely because a Writ of error should have been sued out, but when such mistake or error occurs it shall disregard the same and take the action which would be appropriate if the proper appellate procedure had been followed. (Sept. 6, 1916, c. 448, § 4, 39 Stat. 727.) § 1650. Prize causes; time for taking—Appeals in prize causes shall be made within thirty days after the rendering of the decree appealed from, unless the court previously extends the time, for cause shown in the particular case: Provided, That the Supreme Court may, if in its judgment the purposes of justice require it, allow an appeal in any prize cause, if it appears that any notice of appeal, or of intention to appeal, was filed with the clerk of the district court. within thirty days next after the rendition of the final decree therein. (R. S. $ 1009.) See §§ 1235, 84.13. • * - § 1651. Provisions applicable to appeals and writs of error in respect of circuit courts of ap- peals—AII provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit courts of appeals, includ- ing all provisions for bonds or other securities to be required and taken On such appeals and writs of er- TOI". (March 3, 1891, c. 517, § 11, 26 Stat. 829.) § 1652., Territorial courts to Supreme Court; statement of facts—The appellate jurisdiction of the Supreme Court of the United States over the judg- ments and decrees of said Territorial courts in cas- es of trial by jury shall be exercised by writ of error, and in all other cases by appeal according to Such rules and regulations as to form and modes of pro- ceeding as the said Supreme Court have prescribed or may hereafter prescribe: Provided, that on appeal, in- stead of the evidence at large, a statement of the facts of the Case in the nature Of a Special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and Certified by the Court below, and transmitted to the Supreme Court together with the transcript of the proceedings and judgment or decree. (April 7, 1874, c. 80, § 2; 18 Stat. 27.) - § 1653. Removal of causes by writ of error— There shall be annexed to and returned with any writ of error for the removal of a cause, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and a prayer for reversal, with a citation to the adverse party. (R. S. § 997.) - - § 1654. Transcripts on appeals—Upon the ap- peal of any cause in equity, or of admiralty and mar- itime jurisdiction, or of prize or no prize, a transcript of the record, as directed by law to be made, and copies of the proofs, and of such entries and papers on file as may be necessary on the hearing of the ap- peal, shall be transmitted to the Supreme Court: Pro- vided, That either the court below or the Supreme Court may order any original document or other evi- dence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeals no new evidence shall be received in the Supreme Court, except in admiralty and prize Causes. (R. S. § 698.) - See §§ 1120, 1604, 1651. - § 1655. One record—Where appeal is duly taken by both parties from the judgment or decree of a [circuit or] district court to the Supreme Court, a transcript of the record filed in the Supreme Court by & Ch. 18) 3 1665 THE JUDICIARY [Page 2191 - either appellant may be used on both appeals, and both shall be heard thereon in the same manner as if records had been filed by the appellants in both cases. (R. S. $ 1013.) Text in brackets superseded by §§ 1266–1268. § 1656. Printed tºanscript of record on ap- peal to circuit court of appeals—In any CauSe Ol' proceeding wherein the final judgment or decree is sought to be reviewed on appeal to, or by writ of er- ror from, a United States circuit court of appeals the appellant or plaintiff in error shall cause to be printed under such rules as the lower court shall prescribe, and shall file in the Office of the clerk of such circuit Court of appeals at least twenty days before the Case is called for argument therein, at least twenty-five printed transcripts of the record of the lower Court, and of such part or abstract of the proofs as the rules of such circuit court of appeals may require, and in such form as the Supreme Court of the United States shall by rule prescribe, one of which printed tran- scripts shall be certified under the hand of the Clerk of the lower court and under the seal thereof, and shall furnish three copies of such printed transcript to the adverse party at least twenty days before such argument: Provided, That either the court below or the circuit court of appeals may Order any Original document or other evidence to be sent up in addition to the printed copies of the record or in lieu of print- ed copies of a part thereof; and no written or type- written transcript of the record shall be required. (Feb. 13, 1911, c. 47, § 1, 36 Stat. 901.) * § 1657. Printed record as part of transcript on appeal to Supreme Court—In any Cause Or pro- ceeding wherein the final judgment Or decree is SOUght to be reviewed on appeal to or by Writ of error Qr Of" Certiorari from the Supreme Court Of the United States, in which the record has been printed and used upon the hearing, in the court below and which sub- stantially conforms to the printed record in said Su- preme Court, if there have been at the time of filing the record in the court below twenty-five copies of said printed record, in addition to those provided in the preceding section, lodged with the clerk of the Court below, one Copy thereof shall be used by the Clerk of the court below in the preparation and as a part of the transcript of the record Of the Court be- low ; and no fee shall be allowed the clerk Of the Court below in the preparation of the transcript for Such part thereof as is included in Said printed rec- ord so lodged with him. And the clerk of the court below in transmitting the transcript of record to the Supreme Court of the United States for review shall at the same time transmit the remaining uncertified Copies of the printed record so lodged with him, which shall be used in the preparation and as a part of the printed record in the Supreme Court of the United States, and the clerk’s fee for preparing the record for the printer, indexing the same, Supervising the print- ing and binding and distributing the copies shall be at such rate per folio thereof, exclusive of the printed record so furnished by the clerk of the court below, as the Supreme Court of the United States may from time to time by rule prescribe; and no written or typewritten transcript of so much of the record as Shall have been printed as herein provided shall be required. (Feb. 3, 1911, c. 47, § 2, 36 Stat. 901.) § 1658. Citation—When the writ is issued by a circuit court to a district court, the citation shall be signed by the judge of such district court, or by the circuit judge of such circuit court, or by a justice Of the Supreme Court, and the adverse party shall have at least twenty days' notice. (R. S. § 998.) Abolition of review by Circuit Courts of decisions of District Courts, see §§ 1646, 1647. § 1659. Same; Supreme Court—When the writ is issued by the Supreme Court to a circuit court, the Citation shall be signed by a judge of such circuit Court, or by a justice of the Supreme Court, and the adverse party shall have at least thirty days' notice; and When it is issued by the Supreme Court to a State court, the citation shall be signed by the Chief Justice, or judge, or chancellor of such court, render- ing the judgment or passing the decree complained Of, Or by a justice of the Supreme Court of the United States, and the adverse party shall have at least thirty days' notice. (R. S. § 999.) - Circuit Courts abolished, and powers and duties trans- ferred to District Courts, by §§ 1266-1268. § 1660. Bond in error and on appeal—Every justice or judge signing a citation on any writ of error, Shall, except in cases brought up by the United States Or by direction of any Department of the Government, take good and sufficient security that the plaintiff in error Or the appellant shall prosecute his writ or ap- peal to effect, and, if he fail to make his plea good, Shall answer all damages and costs, where the writ is a Supersedeas and stays execution, Or all COSts. Only łº it is not a supersedeas as aforesaid. (R. S. § 00.) § 1661. Same; not required of United States —Whenever a writ of error, appeal, or other process in law, admiralty, or equity, issues from or is brought up to the Supreme Court, or a circuit Court, either by the United States or by direction of any Department Of the Government, no bond, obligation, or security Shall be required from the United States, or from any party acting under the direction aforesaid, either to prosecute said suit, or to answer in damages or costs. In Case Of an adverse decision, such costs as by law are taxable against the United States, or against the party acting by direction as aforesaid, shall be paid Out of the contingent fund of the Department under whose directions the proceedings were instituted. (R. S. § 1001.) - - - (R. S. § 1002. Superseded.) This section related to writs of error from judgments of district courts acting as circuit courts to the Supreme Court. It became inoperative on the repeal of the provi- Sions conferring circuit court powers on district courts, by Act Feb. 6, 1889, c. 113, § 5, 25 Stat. 656. § 1662. Writs of error to State courts, man- ner of issue—Writs of error from the Supreme Court to a State Court in cases authorized by law, shall be issued in the same manner, and under the same regu- lations, and shall have the same effect as if the judg- ment Or decree COmplained Of had been rendered Or Q passed in a Court of the United States. (R. S. § 1003.) - See § 1214. - - § 1663. Writs of error returnable to Supreme Court or to circuit courts of appeals—Writs of er- ror returnable to the Supreme Court or a circuit court Of appeals may be issued as well by the clerks of the district COurts, under the Seal thereof, as by the Clerk of the Supreme Court or of a circuit court of appeals. When SO issued they shall be as nearly as each case may admit agreeable to the form of a writ of error issued by the clerk of the Supreme Court or the clerk of a circuit Court of appeals. (R. S. $ 1004, amended, Jan. 22, 1912, c. 12, 37 Stat. 54.) § 1664. Amendment of writ of error—The Su- preme Court may, at any time, in its discretion and upon Such terms as it may deem just, allow an amend- ment of a Writ of error, when there is a mistake in the teste of the writ, or a seal to the writ is wanting, or when the writ is made returnable on a day other than the day Of the COmmencement Of the term next ensuing the issue of the Writ, or when the statement Of the title of the action or parties thereto in the writ is defective, if the defect can be remedied by ref. erence to the accompanying record, and in all other particulars of form: Provided, The defect has not prejudiced, and the amendment will not injure, the defendant in error. (R. S. § 1005.) § 1665. Amendments in prize appealis—The Supreme Court may, if, in its judgment, the purposes Of justice require it, allow any amendment, either in form or substance, of any appeal in prize causes. (R. S. § 1006.) - . See § 8413. 3 1666 (Tit. 13 THE JUDICIARY [Page 220] § 1666. Supersedeas—In any case where a writ of error may be a supersedeas, the defendant may Ob- tain such Supersedeas by serving the Writ [or] error, by lodging a copy thereof for the adverse party in the Clerk’s Office where the record remains, within Sixty days, Sundays exclusive, after the rendering Of the judgment complained of, and giving the Security re- quired by law on the issuing of the citation. But if he desires to stay process On the judgment, he may, having served his writ of error as aforesaid, give the security required by law within sixty days after the rendition of Such judgment, or afterward with the permission of a justice or judge of the appellate Court. And in such cases where a writ of error may be a Su- persedeas, executions shall not issue until the ex- piration of ten days. (R. S. § 1007, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 318.) - § 1667. I’roceeding in prize causes after ap- peal—Any district court may, notwithStanding an ap- peal to the Supreme Court, in any prize cause, make and execute all necessary Orders for the custody and disposal of the prize property, and, in Case of an ap- peal from a decree of condemnation, may proceed to make a decree of distribution, so far as to deter- mine what share of the prize shall go to the CaptOrS, and what vessels are entitled to participate therein. (R. S. § 565.) § 1668. Review in cases tried without jūry- When an issue of fact in any civil cause in a circuit court is tried and determined by the court without the intervention of a jury, according to Section Six hundred and forty-nine, the rulings Of the Court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a Writ of error or upon appeal; and when the finding is Spe- cial the review may extend to the determination of the sufficiency of the facts found to Support the judg- ment. (R. S. $ 700.) Abolition of Circuit Courts and transfer of powers and duties to District Courts, see §§ 1266–1268. § 1669. Judgment or decree on review—The Supreme Court may affirm, modify, or reverse any judgment, decree, or order of a circuit Court, or dis- trict court acting as a circuit court, or of a district court in prize causes, lawfully brought before it for review, or may direct such judgment, decree, Or Or-e der to be rendered, or such further proceedings to be had by the inferior court, as the justice of the Case may require. The Supreme Court shall not issue ex- ecution in a cause removed before it from Such COurts, but shall send a special mandate to the inferior Court to award execution thereupon. (R. S. $ 701.) Circuit Courts abolished, and powers and duties trans- ferred to District Courts, by §§ 1266–1268. See, also, §§ 1651, 1670. § 1670. Remand by Supreme Court or circuit court of appeals--Whenever on appeal or Writ of error or otherwise a case coming directly from the district court [or existing circuit Court] shall be re- viewed and determined in the Supreme Court the cause shall be remanded to the proper district [Or circuit] court for further proceedings to be taken in pursuance of such determination. And Whenever On appeal or writ of error or otherwise a case coming from a circuit court of appeals shall be reviewed and determined in the Supreme Court the Cause shall be remanded by the Supreme Court to the proper district [or circuit] court for further proceedings in pursu- ance of Such determination. Whenever On appeal Or Writ of error Or Other Wise a Case COming from a dis- trict [or circuit] court shall be reviewed and deter- mined in the circuit court of appeals in a case in which the decision in the circuit Court of appeals is final such cause shall be remanded to the said dis- trict [or circuit] court for further proceedings to be there taken in pursuance Of Such determination. (March 3, 1891, c. 517, § 10, 26 Stat. 829.) Text in brackets superseded by §§ 1266–1268. § 1671. Damages and costs on affirmance— Where, upon a writ of error, judgment is affirmed in the Supreme Court or a circuit court, the court shall adjudge to the respondents in error just damages for his delay, and single or double costs, at its discretion. (R. S. $ 1010.) - Circuit Courts abolished, and powers and duties trans- ferred to District Courts, by §§ 1266–1268. See, also, §§ 1646, 1651. § 1672. Reversal on error limited—There shall be no reversal in the Supreme Court or in a circuit Court upon a writ of error, for error in ruling any plea in abatement, Other than a plea to the jurisdic- tion of the court, or for any error in fact. (R. S. § 1011, amended, Feb. 18, 1875, c. 80, § 1.) See § 1671 and note. § 1673. Appeals subject to same rules as writs of error—Appeals from the circuit courts and district COUIrts acting as Circuit Courts, and from dis- trict Courts in prize Causes, shall be subject to the . Same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error. (R. S. § 1012.) *- - - See § 1671 and note. CRIMINAL PROCEDURE; § 1674. Arrest and removal for trial—For any Crime or offense against the United States, the offender may, by any justice or judge of the United States, or by any Commissioner of a circuit Court to take bail, Or by any chancellor, judge of a supreme or superior Court, Chief or first judge of common pleas, mayor of a City, justice of the peace, or other magistrate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such Court Of the United States as by law has cognizance of the offense. Copies of . the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appear- ance to testify in the Case. And where any offender Or Witness is COmmitted in any district other than that Where the Offense is to be tried, it shall be the duty Of the judge Of the district where such Offender Or witness is imprisoned, seasonably to issue, and of the marshal to execute, a Warrant for his removal to the district where the trial is to be had. (R. S. $ 1014.) As to commissioners of Circuit Courts, see § 1333. § 1675. Arrest and removal to or from the Philippine Islands—The provisions of section ten hundred and fourteen of the Revised Statutes, so far as applicable, shall apply throughout the United States for the arrest and removal therefrom to the Philippine Islamds of any fugitive from justice charg- ed with the Commission of any crime or offense against the United States within the Philippine Islands, and shall apply Within the Philippine Islands for the ar- rest and removal therefrom to the United States Of any fugitive from justice charged with the Commis- Sion of any Crime Or Offense against the United States. Such fugitive may, by any judge or magistrate of the Philippine Islands, and agreeably to the usual mode of process against Offenders therein, be arrest- ed and imprisoned, or bailed, as the case may be, pending the issuance of a warrant for his removal to the United States, which warrant it shall be the duty of a judge Of the Court of first instance seasonably to issue, and Of the Officer Or agent Of the United States designated for the purpose to execute. Such Officer Or agent, when engaged in executing Such War- rant without the Philippine Islands, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safe- keeping and the execution of the warrant. (Feb. 9, 1903, c. 529, § 1, 32 Stat. 806.) § 1676. Operating illicit distillery; arrest; Thail—Where any marshal Or deputy marshal Of the Ch. 18) § 1690 TEIE JUDICIARY [Page 221] United States within the district for which he shall be appointed shall find any person or persons in the act of Operating an illicit distillery, it shall be lawful for such marshal or deputy marshal to arrest such person Or perSons, and take him or them forthwith before SOme judicial Officer named in Section One thousand and fourteen of the Revišed Statutes, who may reside in the county of arrest or if none, in that nearest to the place of arrest, to be dealt with ac- COrding to the provisions of sections ten hundred and fourteen, ten hundred and fifteen, ten hundred and sixteen of the said Revised Statutes. (March 1, 1879, c. 125, § 9, 20 Stat. 341.) - § 1677. Violations of internal-revenue laws; arrest—Warrants of arrest for violations of internal- revenue laws may be issued by United States Com- missioners upon the sworn complaint of a United States district attorney, assistant United States dis- trict attorney, collector, or deputy collector of inter- nal-revenue or revenue agent or private citizen, but no Such warrant of arrest shall be issued upon the sworn COmplaint of a private citizen unless first approved in Writing by a United States district attorney. (May 28, 1896, c. 252, § 19, 29 Stat. 184.) § 1678. Persons arrested taken before near- est officer for hearing—It shall be the duty of the marshal, his deputy, or other officer, who may arrest a person charged with any crime or offense, to take the defendant before the nearest circuit court Com- missioner or the nearest judicial officer having juris- diction under existing laws for a hearing, commit- ment, or taking bail for trial, and the officer or mag- istrate issuing the warrant shall attach thereto a Certified copy of the complaint, and upon the arrest of the accused, the return of the warrant, with a copy of the complaint attached, shall confer jurisdiction upon Such officer as fully as if the complaint had originally been made before him, and no mileage shall be al- lowed any officer violating the provisions hereof. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 416.) As to commissioners of Circuit Courts, see § 1333. § 1679. Bail; cases not capital—Bail shall be admitted upon all arrests in criminal cases where the Offense is not punishable by death ; and in such Cases it may be taken by any of the persons authoriz- ed by the preceding section to arrest and imprison offenders. (R. S. § 1015.) § 1680. Same; capital cases—Bail may be ad- mitted upon all arrests in Criminal cases where the punishment may be death ; but in such cases it shall be taken Only by the Supreme Court or a circuit Court, or by a justice of the Supreme Court, a circuit judge, or a judge of a district court, who shall exer- Cise their discretion therein, having regard to the nature and circumstance of the offense, and of the evidence, and to the usages of law. (R. S. § 1016.) § 1681. Same; cases removed from State courts—When a writ of error is issued for the re- vision of the judgment of a State court, in any crimi- nal proceeding where is drawn in question the validi- ty of a statute of, or an authority exercised under, the United States, or where any title, right, privilege, or immunity is claimed under the Constitution, or any statute of, or commission held or authority exercised under, the United States, the defendant, if charged with an offense that is bailable by the laws of such State, shall not be released from custody until a final judgment upon such writ, or until a bond, with suf- ficient Sureties, in a reasonable Sum, as Ordered and approved by the State court, is given; and if the Of- fense is not SO bailable, until a final judgment upon the writ of error. (R. S. $ 1017.) § 1682. Same; surrender by bail—Any party charged with a criminal offense and admitted to bail, may, in vacation, be arrested by his bail, and deliv- ered to the marshal or his deputy, before any judge Ot: Other Officer having power to COmmit for Such Of- fense; and at the request of such bail, the judge or other officer shall recommit the party so arrested to the Custody of the marshal, and indorse on the recog- nizance, or certified copy thereof, the discharge and eXOneratur of such bail; and the party so committed Shall therefrom be held in custody until discharged by due course of law. (R. S. § 1018.) § 1683. Same; new bail—When proof is made to any judge of the United States, or other magistrate having authority to commit on criminal charges as aforesaid, that a person previously admitted to bail On any Such charge is about to abscond, and that his bail is insufficient, the judge or magistrate shall re- Quire Such person to give better security, or, for de- fault thereof, cause him to be committed to prison ; and an Order for his arrest may be indorsed on the former Commitment, or a new warrant therefor may be issued, by such judge or magistrate, setting forth the cause thereof. (R. S. § 1019.) § 1684. Remission of penalty of recognizance —When any recognizance in a criminal cause, taken for, or in, or returnable to, any court of the United States, is forfeited by a breach of the condition there- Of, such court may, in its discretion, remit the whole or a part of the penalty, whenever it appears to the COUIrt that there has been no willful default of the party, and that a trial can, notwithstanding, be had in the Cause, and that public justice does not other- Wise require the same penalty to be enforced. (R. S. § 1020.) § 1685. Indictments and presentments by twelve grand jurors—No indictment shall be found, nor shall any presentment be made, without the con- currence of at least twelve grand jurors. (R. S. § 1021.) § 1686. Offenses against elective franchise- All crimes and offenses committed against the pro- visions of chapter seven, Title “Crimes,” which are not infamous, may be prosecuted either by indictment or by information filed by a district attorney. (R. S. § 1022.) § 1687. Indictments; perjury—In every pre- Sentment Or indictment prosecuted against any per- son for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, and before whom the Oath was taken, averring such Court or person to have Colm- petent authority to administer the same, together with the proper averment to falsify the matter where- in the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of ‘‘any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without set- ting forth the commission or authority of the court or person before Whom the perjury Was Committed. (R. S. § 5396.) § 1688. Same; subornation of perjury—In every presentment or indictment for subornation of perjury, it shall be sufficient to set forth the sub- stance of the offense charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding either in law or equity, or any affidavit, deposition, or certificate, and without setting forth the commission or authority of the court Or perSon be- fore whom the perjury was committed, or was agreed or promised to be committed. (R. S. § 5397.) § 1689. Matters in prosecutions for perjury Thefore naval court-martial–In prosecutions for perjury committed on examination before a naval general court-martial, or for the subornation thereof, it shall be sufficient to set forth the Offense charged on the defendant, without setting forth the authority by which the court was held, or the particular matters brought before, or intended to be brought before, said court. (R. S. § 1023.) § 1690. Indietments; joinder of charges-- When there are several charges against any person for the same act Or transaction, Or for two Or more acts or transactions connected together, or for two § 1690 (Tit. 13 THE JUDICIARY IPage 222I or more acts or transactions of the same Class of crimes or offenses, which may be properly joined, in- stead of having several indictments the Whole may be joined in one indictment in separate Counts; and if two or more indictments are found in Such Cases, the court may order them to be consolidated. (R. S. § 1024.) As to bigamy and perjury, see § 10488. e * § 1691. Same; defects of form—No indictment found and presented by a grand jury in any district [or circuit] or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form Only, which shall not tend to the prejudice of the defend- ant. (R. S. § 1025.) - Text in brackets superseded. by §§ 1266–1268. § 1692. Same; judgment on demurrer-In every case in any court of the United States, Where a demurrer is interposed to an indictment, Or to any count or counts thereof, or to any information, and the demurrer is overruled, the judgment shall be re- spondeat Ouster; and thereupon a trial may be Or- dered at the same term, or a continúance may be Or- dered, as justice may require. (R. S. $ 1026.) § 1693. Writs; several indictments against same person—When two or more charges are made, or two or more indictments are found against any person, Only one writ or warrant shall be necessary to commit him for trial; and it shall be sufficient to state in the writ the name or general character Of the offenses, or to refer to them only in very general terms. (R. S. § 1027.) § 1694. Same; copy jailer’s authority—When- ever a prisoner is committed to a sheriff or jail- er by virtue of a writ, warrant, or mittimus, a COpy thereof shall be delivered to such sheriff or jailer, as his authority to hold the prisoner, and the Original writ, warrant, or mittimus shall be returned to the proper court or officer, with the officer's return there- on. (R. S. § 1028.) § 1695. Sante; for removal of prisoner from one district to another—Only one writ or Warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the Sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal’s return thereon, shall be returned to the clerk of the district to which he is gemoved. (R. S. § 1029.) - § 1696. Same; . to bring into court person in custody—NO writ is necessary to bring into Court any prisoner or person in custody, or for remanding him. from the Court into custody ; but the same shall be dOne On the Order of the Court or district attorney, for which no fees shall be charged by the Clerk or marshal. (R. S. § 1030.) § 1697. Peremptory challenges exceeding number allowed—If, in the trial of a capital offense, the party indicted peremptorily challenges jurors above the number allowed him by law, such excess of Challenges shall, be disallowed by the Court, and the cause shall proceed for trial in the same manner as if they had not been made. (R. S. § 1031.) Number of challenges, see § 1264. - § 1698. §tanding mute—When any person in- dicted for any offense against the United States, Whether capital or otherwise, upon his arraignment Stands mute, or refuses to plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty On his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party pleads not guilty, Or such plea is entered as aforesaid, the cause shall be deemed at issue, and shall, without further form or ceremony, be tried by a jury. (R. S. § 1032.) f § 1699. Copy of indictment and list of jurors and witnesses for prisoner—When any person is indicted of treason, a copy of the indictment and a list Of the jury, and of the witnesses to be produced On the trial for proving the indictment, stating the place of abode of each juror and witness, shall be de- livered to him at least three entire days before he is tried for the same. When any person is indicted of any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial. (R. S. § 1033.) § 1700. Counsel and witnesses for persons in- dicted for capital crimes—Every person who is in- dicted of treason or other capital crime, shall be al- lowed to make his full defense by counsel. learned in the law ; and the court before which he is tried, Or SOIme judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding tWO, as he may desire, and they shall have free ac- CeSS to him at all seasonable hours. He shall be al- lowed, in his defense, to make any proof that he can produce by lawful witnesses, and shall have the like process Of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses ºpen On behalf of the prosecution. (R. S. § § 1791. Verdicts; less offense than charged— In all Criminal causes the defendant may be found . guilty of any offense the commission of which is nec- essarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offense so charged: Provided, That tº, tempt be itself a separate offense. (R. S. § § 1702. Same; part of several joint defend- ants-On an indictment against several, if the jury Cannot agree upon a verdict as to all, they may ren- der a Verdict as to those in regard to whom they do agree, On Which a judgment shall be entered accord- ingly ; and the cause as to the other defendants may be tried by another jury. (R. S. § 1036.) (R. S. §§ 1037–1039. Superseded.) Section 1037 of the Revised, Statutes provided for re- mitting an indictment, whenever the district attorney might deem it necessary, from a circuit court to a dis- trict Court, or from a district court to a circuit court. Section 1038 authorized any district court to remit to the Circuit Court any indictment when difficult and im- portant questions of law were involved in the case. , Section 1039 required every indictment of a capital of- fense, presented to a district court, to be remitted to the circuit Court. All these provisions became inoperative On the abolition of the circuit courts and the transfer of their powers and duties to the district courts, by Jud. Code, §§ 289-291 (§§ 1266–1268). (R. S. § 1040. Superseded.) This section of the Revised Statutes was as follows: “Whenever a judgment of death is rendered in any court of the United States, and the case is carried to the Su- preme Court in pursuance of law, the court rendering such judgment shall, by its order, postpone the execution thereof from time to time and from term to term, until the mandate of the Supreme Court in the case is receiv- ed and entered upon the records of such lower court. In case of affirmance by the Supreme Court, the court ren- dering the original judgment shall appoint a day for the execution thereof; and in case of reversal, such further proceedings shall be had in the lower court as the Su- preme Court may direct.” It was superseded by § 1703. § i703. Writs of error; conviction of crime punishable by death---Hereafter in all cases of Con- viction of crime the punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respondent shall, upon the application of the respond- ent, be re-examined, reversed, or affirmed by the Su- preme Court of the United States upon a writ of er- ror, under such rules and regulations as said court may prescribe. Every such writ of error shall be al- lowed as Of right and Without the requirement Of any Security for the prosecution of the same Or for Costs. Upon the allowance Of every such writ of er- ror, it shall be the duty of the clerk of the court to which the Writ Of error Shall be directed to forthwith transmit to the Clerk of the Supreme Court of the United States a certified transcript of the record in Ch.19) a 1711 THE JUDICIARY [Page 223] such case, and it shall be the duty of the Clerk of the Supreme Court of the United States to receive, file, and docket the same. Every such writ of error shall during its pendency operate as a stay of proceedings upon the judgment in respect of which it is sued out. Any such writ of erroi may be filed and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the term So named; and all such writs of error shall be advanced to a speedy hearing on motion Of either party. When any such judgment shall be either re- versed or affirmed the cause shall be remanded to the court from whence it came for further proceed- ings in accordance with the decision of the Supreme Court, and the court to which Such cause is SO re- manded shall have power to cause such judgment of the Supreme Court to be carried into execution. NO | Such Writ of error shall be sued Out or granted unless a petition therefor shall be filed with the clerk Of the COUrt in which the trial shall have been had during the same term or within Such time, not exceeding sixty days next after the expiration of the term of the court at which the trial shall have been had, as the court may for cause allow by Order entered Of record. (Feb. 6, 1889, c. 113, § 6, 25 Stat. 656.) See §§ 1120, 1215-1218. § 1704. Same; on behalf of the United States —A writ of error may be taken by and on behalf of the United States from the district [or circuit] courts direct to the Supreme Court of the United States in all Criminal cases, in the following instances, to Wit: From a decision or judgment quashing, Setting aside, or sustaining a demurrer to, any indictment, Or any count thereof, where such decision. Or judgment is based upon the invalidity, or construction . Of the statute upon which the indictment is founded. From a decision arresting a judgment of conviction for insufficiency of the indictment, where such deci- Sion is based upon the invalidity or COInstruction Of the statute upon which the indictment is founded. From the decision or judgment sustaining a special plea in bar, when the defendant has not been put in jeopardy. - The Writ Of error in all Such Cases Shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted and Shall have precedence Over all Other Cases. Pending the prosecution and determination of the Writ of error in the foregoing instances, the defend- ant shall be admitted to bail. On his Own recogni- Zance: Provided, That no writ of error shall be tak- en by or allowed the United States in any case where there has been a verdict in favor Of the de- fendant. (March 2, 1907, c. 2564, 34 Stat. 1246.) Text in brackets Superseded by §§ 1266–1268. § 1"?04a. Limitation of effect of act—This Act shall not affect cases now pending in the Supreme COUrt Of the United States Or Cases in which writs of error or appeals have been allowed at the date of its approval. And nothing in this Act shall be deem- ed to repeal, amend, or modify the provisions of an Act entitled “An Act providing for writs of error in certain instances in criminal cases,” approved March second, nineteen hundred and seven. (Jan. 28, 1915, c. 22, § 6, 38 Stat. S04.) . The other sections of Act Jan. 28, 1915, c. 22, are $$ 1107, 1120, 1215, 1223, 1126a, 1120a, 1233a. . § 1705. Judgments for fines; collection—In all Criminal Or penal causes in which judgment or Sen- tence has been or shall be rendered, imposing the payment of a fine Or penalty, whether alone or with any other kind of punishment, the said judgment, so far as the fine or penalty is concerned, may be en- forced by execution against the property of the de- fendant in like manner as judgments in civil cases are enforced : Provided, That where the judgment di- rects that the defendant shall be imprisoned until the fine Or penalty imposed is paid, the issue of execution On the judgment shall not operate to discharge the 1708. 1709. i713. | defendant from imprisonment until the amount of the judgment is collected or otherwise paid. § 1041.) § 1706. Poor convicts sentenced and imprison- ed for fines—When a poor convict, sentenced by any Court of the United States to pay a fine, or fine and cost, whether with or without imprisonment, has been Confined in prison thirty days, solely for the non-payment of such fine, or fine and cost, he may make application in writing to any commissioner of the United States Court in the district where he is imprisoned, setting forth his inability to pay such fine, Or fine and cost, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shall pro- Ceed to hear and determine the matter; and if on examination it shall appear to him that, such convict is unable to pay such fine, or fine and cost, and that he has not any property exceeding twenty dollars in Value, except such as is by law exempt from being (R. S. taken on execution for debt, the commissioner shall administer to him the following oath: “I do solemnly Swear that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil precept for debt by the laws of (State where oath is administered); and that I have no property in any way conveyed Or Concealed, or in any way disposed of, for may fu- ture use or benefit. So help me God.” And thereup- On such convict shall be discharged, the commission- er giving to the jailer Or keeper of the jail a certifi- cate setting forth the facts. (R. S. § 1042.) sº. Chapter Nineteen—Limitations 1707. Capital offenses. Offenses not capital. Fleeing from justice. - - Crimes under revenue or slave trade laws. Crimes under internal revenue laws. Penalties and forfeitures; under laws of United States. Same; under customs revenue laws. § 1707. Capital offenses—No person shall be prosecuted, tried, or punished for treason or other capital offense, willful murder excepted, unless the indictment is found within three years next after Such treason or capital Offense is done or Committed. (R. S. § 1043.) § 1708. Offenses not capital—No person shall be prosecuted, tried, or punished for any offense, not capital, except as provided in section one thousand and forty-six, unless the indictment is found, or the information is instituted within three years next after Such Offense Shall have been COmmitted. But this act shall not have effect to authorize the prose- cution, trial or punishment for any offense, barred by the provisions of existing laws. (R. S. § 1044, 1710. 1711. 1712. amended, April 13, 1876, c. 56, 19 Stat. 32.) § 1709. Fleeing from justice—Nothing in the two preceding sections shall extend to any person fleeing from justice. (R. S. § 1045.) § 17 iO. Crimes under revenue or slave trade laws—No person shall be prosecuted, tried, or punish- ed for any crime arising under the revenue laws, or the slave-trade laws of the United States, unless the indictment is found Or the information is instituted within five years next after the committing of such Crime. (R. S. § 1046.) § 1711. Crimes under internal revenue laws— No person shall be prosecuted, tried or punished for any of the various Offenses arising under the internal revenue laws Of the United States unless the indict- ment is found or the information instituted within three years next after the Commission of the Offense, in all cases where the penalty prescribed may be imprisonment in the penitentiary, and within two years in all other cases: Provided, That the time dur- ing which the person committing the Offense is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings; Provid- § 1712 (Tit. 13 THE JUDICIARY ed further that the provisions of this act shall not apply to offenses Committed prior to its passage: And provided further that where a complaint shall be instituted before a Commissioner of the United States within the period above limited, the time shall be extended until , the discharge of the Grand Jury at its next session within the district: And provided further that this act shall not apply to offenses Com- mitted by officers of the United States. (July 5, 1884, c. 225, § 1, 23 Stat. 122.) § 1712. Penalties and forfeitures; under Iaws of United States—No suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, a C- cruing under the laws of the United States, shall be maintained, except in cases where it is otherwise Specially provided, unless the same is commenced within five years from the time when the penalty or forfeiture accrued: Provided, That the person of the offender, or the property liable for such penalty or forfeiture, shall, within the same period, be found within the United States; so that the proper process therefor may be instituted and served against such person or property. (R. S. § 1047.) § 1713. Same; under customs revenue laws— No suit or action to recover any pecuniary penalty or forfeiture of property accruing under the customs revenue laws Of the United States shall be instituted unless such suit or action shall be commenced within three years after the time when such penalty or for- feiture shall have accrued: Provided, That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any con- cealment or absence of the property, shall not be reckoned within this period of limitation. (June 22, 1874, c. 391, § 22, 18 Stat. 190.) - See §§ 6411, 6415. . § 1048. Obsolete.) This section provided that where, during the rebellion, by reason of certain described conditions arising there- [Page 2241 from, any person could not be served with process for the commencement of any action, civil or criminal, Which had accrued against him, the time during Which he Was beyond the reach of legal process should not be taken as part of the time limited for the commencement of such action. It has become inoperative by lapse of time, and is omitted as obsolete. - Chapter Twenty—The Court of Claims —Organization and Sessions (R. S. §§ 1049–1058. Repealed.) The provisions of this chapter were incorporated in the Judicial Code, in Chapter 7 thereof, §§ 1127-1135, 1178, and repealed by § 297 of said Code (§ 1274), or Superseded by similar provisions in said Code. Chapter Twenty-One—The Court of Claims—Jurisdiction, Powers, and Procedure (R. S. §§ 1056–1093. Repealed and trans- ferred.) - The provisions of this chapter were largely incorporated in the Judicial Code, in chapter 7 thereof (§§ 1127–1178), and repealed by section 297 of said Code (§ 1274). R. S. § 1079 was repealed by Act March 3, 1887, c. 359, § 8, 24 Stat. 506. R. S. § 1089 is § 6405. R. S. § 1090, was super- seded by Act Sept. 30, 1890, c. 1126, § 1 (§ 6406). Act March 3, 1883, c. 116, 22 Stat. 485, was incorporated in Said Judicial Code, in chapter 7 thereof (§§ 1127–1178), and repealed by said section 297 (§ 1274). Act March 3, 1887, c. 359, 24 Stat. 505, amended by Act June 27, 1898, c. 503, § 1, 30 Stat. 494, and Act July 1, 1898, c. 546, § 3, 30 Stat. 649 was also incorporated, except sections 4-7 and 10 of the act, in the Judicial Code, chiefly in chapters 2 and 7 thereof (§§ 991 (12), 1127–1178), and, except $$ 4-7 and 10, repealed by section 297 of said Code (§ 1274). Said $$ 4-7 and 10 are $$ 1574–1578. Act Jan. 20, 1885, c. 25, 23 Stat. 283 (French Spoliation Claims), not being of general or per- manent character, is omitted, as temporary merely. Act of March 3, 1891, c. 538, 26 Stat. 851 (Indian Depredation Claims), is omitted, as temporary merely. TITLE XIV—THE ARMY Chap. - - Sec. 1. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1714 2. Fetirement . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * 2045 3. Pay and allowances . . . . . . . . . . . • a e s e e º e s e º ºs e º e º e 2089 4. The Military Academy . . . . . . º, º e º e a s tº º . . . . . . . . . . 2206 Chap. - Sec. 4A. Military instruction in educational institutions 2283 4B. Desertions . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * is e e s e e 2296 5. Articles of War. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 2308 6. The United States Disciplinary Barracks....... 2449 sº. Chapter One—Organization 1714. National forces; liability to military duty. 1715. Active land forces; Army in time of war. 1715a. Army of United States. .x. 1716. Regular Army, permanent establishment. 1717. Composition of Army. 1717a. Composition of the Regular Army. 1717b. General Officers of line and staff. 1717bb. Gerlerals and lieutenant generals. LINE OF THE ARMY 1718. Composition of cavalry units. 1718.a. Cavalry; provisional organization. 1719–1722. [Superseded.] 1723. Cavalry; colored regiments. 1724. Same; dismounted. - 1724a. Veterinarians. 1725. Artillery corps; organization. 1726. Same; master electricians. - 1727. Same; coast and field artillery; Chief of Coast Artil- lery. 1728. Same; Chief of Coast Artillery; vacancy in office of. 1729. Same; coast artillery defined. 1730. Same; field artillery defined. 1731. Same; composition of coast artillery corps. 1731a. Same. 1731b. Same; Chief of Coast Artillery. 1732. Same; composition of companies. ſ e 1733–1736. . [Superseded.] 1736a. Composition of field artillery units. 1737. Field artillery; pay and allowances of noncommission- ed officers and enlisted men. . - 1738. Composition of infantry regiments and companies; pay and allowances. - 1738a. Composition of infantry units. 1739. [Superseded.] Sec. 1740. Colored infantry regiments. 1741. Philippine Scouts; organization. 1741a. Same; officers eligible as militia, officers. 1741a.a. Same; computation of period of service. 1742. Same; Captains. - 1743. Philippine Constabulary; chief and assistant chiefs. 1744. Sanae; assisi ance of Scouts. e 1745. Porto Rico regiment of infantry; composition; pay. 1746. Same. - f - 1747. Same; term of enlistment; re-enlistments. 1748. Same; designation; composition. 1749. [Superseded.] 1750. Porto Rico regiment of infantry; ants re-commissioned. 1750a. Same; permanent captains recommissioned; rank. 1751–1753. [Superseded.] - 1753a. Porto Rico Regiment of Infantry. 1754. Indian scouts. - 1755. Same; employment continued. 1756. Lieutenant-General; office to cease. 1757. Aids of major and brigadier generals. 1758. [Superseded.] - 1758a. Composition of brigades, divisions, and so forth. STAFF CORPS AND DEPARTMENTS 1759. General Staff Corps; establishment. 1760. Same; duties. - 1761, 1762. [Superseded.] 1762a. The General Staff Corps. 1762aa. Same; suspension of operation of portion of preced- ing section. - - 1763. Same; duties of Chief of Staff. 1763a. Army War college; purpose of. 1763b. Same; supervision. 1764. The Adjutant General’s Department. 1765. Same; former Assistant Adjutants-General; duties. captains and lieuten- Ch. 1) THE ARMY 1777. 1778. 1779. 1779a. 1780. 1780a. 1804. Former paymasters; duties. - - 1805 sº, right of command of officers of Pay Depart- IOT eTOll. 1806. Medical Department. 1807. Medical Corps; composition of. 1807a, Same. - 1807b. Same; age limit of first lieutenants. ... " 1808. Same; promotions and appointments to fill vacancies. 1808a. Same; promotion of first lieutenants. 1809. Same; examination for appointment. 1810. Same; examination for promotion; retirement. 1811. Same; examination for promotion; suspension from promotion of disqualified major. 1812. Same; contract surgeons; appointment. 1813. Same; contract surgeon in charge of hospital. 1814. Medical Department; officers not affected. 1815. Same; rank and precedence of officers. 1815a. Medical Corps; relative rank. - 1816. Medical Reserve Corps; officers; contract surgeons. 1817. Same; officers on active duty; discharge. 1818. Same; officers subject to army regulations; pay and allowances. 1819–1829. [Superseded.] 1829a. Enlisted force of Medical Department. 1830. Matrons. 1831. Nurse Corps; composition. 1832. Same; pay and allowances. 1832a. Same; allowances to Superintendent during illness. 1833. Dental Corps; composition. 1833a. Same; dental surgeons. 1833b. Same; composition. 1834. Same; dental surgeons; detail to Military Academy. 1835. Medical Department; right of command of officers. 1836. Same; duties of officers. * ' - 1837. Same; Superintending cooking by enlisted men. - 1838. Same; Imedical officers to attend families of officers and soldiers. - 1839. Same; detail of officer to Red Cross. 1839a. Same; detail of officers to military relief division of Red Cross. 1840. Corps of Engineers; composition of. 1841. Same; increase. 1842. Same; enlisted force. 1842a. Same; composition. [Page Sec. e - 1766. Same; Military Secretary’s Department and War De- - partment. - - 1767. Same; Military Secretary’s Department and Office of * * War Department; existing officers. - 1768. Same; Assistant Chief of Record and Pension Office; vacancies in office; change of titles. 1769. Same; Adjutant-General's Department, and Adjutant- General’s Office. - - 1770. sº promotions to fill vacancy in grade of lieutenant- COIOIle1. 1771. The Inspector General’s Department. 1772. Same; Assistant Inspectors-General. 1773. [Superseded.] - - 1774. Same; expert accountant. 1775. Judge-Advocate-General’s Department. 1775a. The Judge Advocate General’s Department. 1775b. Same; promotion of , officers; examinations; retire- ment; discharge. - 1776. [Superseded.] Judge-Advocate-General; duties. Judge-advocates; duties. - Quartermaster Corps; Quartermaster’s, Subsistence, and Pay Departments consolidated. - . Quartermaster General of the Army. enlisted force. Same; civilian employés. Same; existing officers not affected. Same; performance of duties by certain army officers. Same; pay clerks. The Quartermaster Corps. Same; disbursements by officers as agents of officers Of Corps. Same; veterinarians. [Superseded.] Former Quartermaster’s Department; tér-sergeants, Same. Quartermaster Corps; Same; enlisted force. Same; field clerks. Former Quartermaster’s Department; Same; Assistant Quartermasters. - Same; supplies to naval and marine detachments. Same; transportation for National Museum or depart- mentS. Former Subsistence Department; Same; commissary-Sergeants. Same; duties. Same; rations to naval detachments. Former Pay Department; composition. Same; paymasters’ clerks. Same; paymasters’ clerks; - Same; paymästers’ clerks; subject to articles of War. Former Paymaster-General; duties. Same; accounts of paymasters. - Former deputy paymasters-general; Same; Same; post quartermas- quartermaster sergeants. duties. Composition. pay. duties. COMP.ST.’18—15 225I Sec. 1842b. Same; lieutenants. 1843. Same; detail of officers for enlisted force. 1844. Same; duties of enlisted men. 1845. Same; supplies. 1846. Same; disbursements of moneys. 1847. Same; limits of duty. 1848. The Ordnance Department. - 1848a. Same; chief ordnance officer; assignment to staff. 1849. Same; details of officers from Army at large. 1850. Same; rank of officers serving by detail. 1851. Same; ordnance-sergeants. 1852. [Superseded.] 1853. Same; enlisted force. 1854. Same; detail of enlisted men. 1855. Same; supplies. - 1856. Same; depots. 1857. Same; orders for supplies. 1858. Same; reports by Chief. - - 1859. Same; semiannual returns of property. 1859a. Same; officers accountable for public moneys. 1859b. Same; disbursing officer to pay civilian employés. 1860. The Signal Corps. - 1860a. Signal Corps and Medical Department; privates of first class. - 1861. Signal Corps; designation of privates. 1862. Same; additional force for Philippine Islands and Alaska. 1863. [Superseded.] 1864. Same; chief of telegraph and cipher bureau of Execu- tive Office. - 1865. [Superseded.] - 1866. Same; enlisted men mounted. 1867. Same; Chief Officer. 1867a. Same; aviation section; creation. - - 1867b. Same; aviation section; additional officers and men; details; students. 1867c. Same; aviation officers; pay of students. 1867cc, Same; aviation section; mileage to officers. donations. - at North Island, purchase of other land. rating of aviation officers. * rating of enlisted men in aviation 1867d. Land for aviation purposes; 1867dd. Same; acquisition. . 1867ddd. Same; site for aviation stations : San Diego, California. 1867e. Same; military reservations; 1867f. Signal Corps; increase. 1867g. Same; increase; temporary officers. 1867h. Same; increase; enlisted men. 3. 1867i. Same; increase; organization. - - 1867.j. Same; increase; general officers; temporary appoint- ments. - 1867k. Same; increase; 18671. Same ; increase; section. 1867m. Same; increase; officers and enlisted men. 1867n. Same; airships; guns; buildings and vehicles. 18670. Same; increase; appropriation. 1868. Chaplains; number; appointment. 1868a. The chaplains. - . 1868b. Same; chaplains at large. - 1869, 1870. [Superseded.] 1871. Same; qualifications. - 1872. Same; examination for appointment. 1873. Same; rank, retirement and pensions. 1874. Same; promotion and rank, pay, and allowances. 1875. Same; official designation. 1876. Same; effect as to existing chaplains. 1877. Same; duties as school-teachers. 1878. Same; duties as clergymen. 1879. Same; reports. - 1880. Same; facilities to. 1881. Chiefs of corps and departments. 1881a. The Officers’ Reserve Corps. 1881a.a. Same; appointmént of former officers to. 1881aaa. Officers’ Reserve Corps and National Army; ap- pointment in to Certain grades in designated corps. 1881b. The Officers’ Reserve Corps in War. - - 1881bb. oº:: Reserve Corps; recommission of certain of- CerS. - 1881c. Instruction of officers of the Officers’ Reserve Corps. 1881cc. Officers’ Reserve Corps; leaves of absence to officers H and employés of United States or District of Co- lumbia. 1881cc.c. Same; restoration to positions of employés of United States or District of Columbia ordered to duty. 1881d. The Reserve Officers’ Training Corps. ' 1881e. Same; units at educational institutions. 1881.f. Same; units at educational institutions. 1881g. Same; units at educational institutions; training. 1881.h. sº units at educational institutions; member- - ship in. 1881 i. Same; units at educational institutions; details of of- ficers to. 1881j. Same; units at educational institutions; details of en- listed men to. 1881jj. Same; units at educational institutions; Act June 3, 1916, c. 134, §§ 45, 46, 56, suspended. 1881jjj. Same; units at educational institutions; temporary. detail of , officers to. 1881jjjj. Same; units at educational institutions; temporary detail of enlisted men to. THE ARMY (Tit. 14 [Page 226I Sec. - - Sec. º 1881k. Same; units at educational institutions; issue of 1909. Details from line to staff; appointment to office above arms to. * - - - - colonel to create vacancy. - 1881kk. Same; units at educational institutions; commuta- 1910. Same; eligibility of officers. - tion for uniforms supplied. 1911. Provisional promotion pending examination. * 18817. Same; camps for instruction. 1912. Promotions to fill vacancies. 1881m. Same; appointment of graduates of as officers in Of- 1913. Officers of Regular Army not affected. . . . ficers’ Reserve Corps. 1881n. Same; subsistence commutation. 1881nn. Same; subsistence commutation; credit for other military instruction. - 18810. Same; units at educational institutions; graduates as officers in Officers’ Reserve Corps. - 1881p. Officers’ Reserve Corps; certain officers as temporary second lieutenants. 1881q. Reserve Officers or temporary second lieutenants; re- tirement. - - ENLISTMENT AND DISCHARGE OF ENLISTED MEN; - ARMY RESERVE 1882. Strength of organizations during emergencies. 1882a. Strength of enlisted force of line of Regular Army. 1882b. Enlisted strength exclusive of soldiers under sentence. Minimum strength of enlisted force. Enlistment in excess of strength to fill vacancies. General qualifications for enlistment. 1885. [Superseded.] 1885a. Enlistment of minors. 1886. Persons not to be enlisted. [Repealed.] - - Enlistments through postmasters. 1888. Term, of enlistment; qualifications. 1889. Limits of age for original enlistments. Citizens of Porto Rico eligible for enlistment. 1891. Re-enlistment in time of War. . 1891a. Enlistments in the Regular Army. 1891b. Enlistments, when complete. 1891c. Re-enlistment of men discharged to accept commis- - Sions in National Guard. - 1891d. Computation of continuous service pay of discharged - men serving as officers of National Guard. • , a 1891jd. Enlistment of men, discharged to accept, commissions on termination of service; computation of Service for retirement and continuous service pay. - 1891e. Furloughs to enlisted men. 1892., Composition of Army Reserve; ed soldiers. 1882C. 1883. 1884. enlistment of discharg- 1892a. Composition of the Regular Army Reserve. 1892b. Same; assignment of members to Regular Army or- - ganizations. - 1892c. Regular Army Reserve in time of War. 1892d. Use of other departmentS. 1892e. The Enlisted Reserve Corps. 1892ee. Same; enlistment of dental students. 1892f. Enlisted men prohibited from civil employment. 1893. Discharge by purchase. 1894. Final discharge of enlisted men. PROMOTION, DETAILS TO STAFF, AND APPOINTMENTS FROM. ENLISTED FORCE AND FROM CIVIL LIFE; RANK AND PRECEDENCE; MEDALS OF HONOR; CERTIFICATES OF MERIT; MILITARY BADGES; PROTECTION OF THE UNIFORM - 1895. Promotions by seniority; examination. 1896. Assignments and transfers of officers. 1897. Examinations for promotion. 1897a. Same; existing laws extended. - 1898. Examinations of certain Engineer and Ordnance officers. 1899. Advancement of officers losing in lineal rank through former System of promotion. 1899a. Advancement to higher rank on increase in arm, corps, or branch of service. o - 1899b. Equalization of inequalities in past promotions. 18996. Same; promotions due to increase of line Officers. 18996. Promotions or transfers of . Officers of One branch Of line to other branches. * . . - - Appointment to higher grade of officers of Public Health Service detailed with Isthmian Canal Com- mission. - 1899f. Numbers of grades temporarily increased; major gen- eral in Medical Department to be head. 1899g. Rank of officers promoted under Act March 4, 1915, c. 1900. Examinations in Engineer Corps. 1901. Same; after fourteen years’ service. 1902. Examinations in Ordnance Department. 1903. Same. Examinations in Signal Corps. in staff corps or departments. - Temporary vacancies in Regular Army filled by tempo- rary promotions, and temporary details. 1905b. Appointments in staff corps or departments to offices - rank above colonel. - Details from line to staff and appointments in staff. ment. - Details to aviation duty; number. - 1908. Details from Iine to staff; filling vacancies in line. 1908a. Temporary vacancies in Regular Army due to details to the National Guard. MILITARY SUPPLIES AND STORES; 1905. Promotions of officers holding permanent appointments Details from line to staff; majors in Ordnance Depart- Commissions for graduates of Military Academy. 1915. Number of attachments by brevet rank. 1916. Examinations of enlisted men for promotion. 1917. Same; examining boards. Same; appointments to vacancies in grade of second lieutenant. - 1919. Same; privileges of holder of certificate of eligibility. 1920. Appointments to fill vacancies in grade of second lieu- tenant. - - - - 1920a. Same. * 1920aa. Same; waiver of age limit. 1920b. Original appointments to be provisional. 1920c. Rank of officers appointed to original vacancies in grade of Second lieutenant. º 1920d. Recommissioning honorably discharged officers. 1920e. Data of persons qualified for appointment as officers. 1921. Time of actual service considered in fixing rank. 1922. Prior service in Marine Corps credited in determining rank. 1923. Service as cadet not counted in computing length of Service. - - - 1924. Rank and military service of line officers. 1925. Brevets. 1926. Same; date of commission. 1927. Same; assignment according to rank. 1928. sº assignment according to rank only during hostil- 11.1 eS, - 1929. Same; for services against Indians. - - 1930. Same; date of commissions under provisions of act. 1931. Same; no privilege of precedence or command. 1932. Same; for service in volunteer forces. 1933. Same; uniform and title. - 1934. Privileges on account of volunteer service during rebel- - lion. - - 1985. Privileges on account of Regular Army Service during - rebellion. - - 1936. Privileges on account of service during or since war With Spain. 1937. Medals of honor. 1938. Same; additional medals. 1939. Same; rosettes and ribbons. 1940. Same; additional medals for distinguished gallantry in action. - Same; investigations concerning medals of honor. 1941. Same; medals replaced not required to be surrendered. 1941a. Army and Navy medal of honor roll; persons eligible. 1941b. Same; duties of Secretaries of War? and Navy. 1941c. Same; pensions. 1941d. Same; pensions; payment. 1941e. Same; pensions. 1942. Certificates of merit for privates. 1943. Certificates of honorable service for telegraphers. 1944. Army corps badges. 1945. Military society badges. 1946. Same. 1947. Same. - 1948. Regular Army and Navy Union badge. 1949. Army and Navy Union badge. , 1949a. Protection of the uniform. . 1949aa. Same; Coast Guard. PUBLIC MONEYS AND OTHER PROPERTY; TRANSPORTATION - 1950. Officers of Quartermaster’s Department not to trade. 1951. System of accountability for quartermaster's Supplies. 1951a. Accounting for army supplies. 1952. Mº. from disposition of quartermaster’s supplies or SUOI’éS. 1952a. Application of moneys from sales of subsistence sup- plies or stores. - 1953. Officers of Subsistence Department not to trade. 1954. Sales to officers and enlisted men; credit sales. 1954a. Same; Army, Navy, and Marine Corps. 1954b. Sales of quartermaster property to officers of Navy and . . Marine Corps. - - 1955. Sales of rations to officers. 1956. Sales of tobacco to enlisted men. 1957. Sales of Subsistence stores to officers and men of Sig- nal Corps. - 1957a. Aºtion of moneys from sale of Signal Corps sup- pIIeS. 1958. Sales of subsistence supplies to officers and enlisted men - at cost. . . 1959. Purchase of subsistence stores for sale. 1960. Purchase of exceptional articles for sale. 1961. Sales of subsistence supplies to other bureaus or execu- tive departments. - - 1962. Sales of medical supplies to civilian employés. 1963. Application of moneys from dispositions of medical and hospital supplies. - 1963a. Issue by Secretaries of War and Navy of equipment for Organizations formed by Red Cross. - 1963b. Same; regulations for return. - 1963c. Sales of medical supplies and equipment to Red Cross. Ch. 1) & 1715a THE ARMY [Page 227] Sec. ." - - 1963d. Issue of quartermaster supplies and stores to educa- tional institutions. - - 1964. Application of funds received from transfer of military stores to Insular Department of Philippines. i865. Deductions for loss of or damage to stores in transit. 1966. Bonds of disbursing officers. 1966a. Same; waiver. 1967. Same; renewing bonds. 1968. Returns of ordnance; damages. 1969. Returns of clothing and camp-equipage. 1970. Returns of Signal Service property. 1970a. Same. º 1970b. Exchange by Signal Corps of typewriters and adding machines. 1971. Final payment to on discharge of officers accountable for public property. 1972. Sales of Stores. 1972a. Exchange of old for new machinery and equipage. 1972a.a. Exchange of old for new motor-propelled vehicles. 1972b. Sale of excess of horses and mules. - 1972bb. Sale of airplane war material. 1973. Arms and accouterments in possession of persons not Soldiers. a’ º 1974. Discontinuance of transport service. - *1974a. Control of transportation systems in time of War. 1975. Disposition of steamships in transport service. 1976. Transportation on vessels; Navy and Marine Corps. 1977. Same; Revenue-Cutter Service and secretaries and sup- plies of Y. M. C. A. 1978. Same; merchandise to island of Guam. MILITARY POSTS AND GARRISONS: BARRACKS AND QUARTERS; MOBILIZATION, ETC., STATIONS. 1979. Military posts; establishment. 1979a. Same; expenditures for. 1980. Military headquarters. Army field clerks; allowances. 1981. Permanent barracks. - 1982. Limitation on expenditures for buildings. 1983. Officers’ quarters. - 1984. Artillery barracks for sea coast defenses. 1985. Hospital stewards’ quarters; construction. Expenditures at posts; purposes specified. 1987. Expenditures for post gardens or exchanges. 1988. Post and garrison schools. Instruction additional to military training. 1988aa. Same. - 1988b. Rooms for post-Office purposes. 1989. Y. M. C. A. buildings. 1989a. Buildings for American Red Cross supplies. 1990. Sale of intoxicating liquors prohibited. - 1990a. tºº. for permanent mobilization, training, and Supply stations. GENERAL PROVISIONS OF . ORGANIZATION 1991. Existing commissions and appointments. 1991a. Existing laws not affected. 1991b. Increase to be made in five increments. 1991c. Immediate increase in Ordnance Department. 1991d. Limitation on number of increased Officers. 1992. Use of army as posse comitatus. 1993. Accepting or holding civil office. 1994. Same; diplomatic or consular office. 1995. Civil employment prohibited. 1996. Duties of chief of military bureau of War Department, during absence. 1997. Details of officers of active list as inspectors and in- structors of organized militia. - 1997a. The detached officers. - - 1997aa. Detail of officer in aviation section, Signal Corps. 1997b. Arm from which detail shall be made to vacancy in Detached Officers’ List. - - - 1998. Details of officers requested by Cuba or Panama. 1999. Limitation of time of detached duty of officers of line. 1999a. Limitation of time of detachment or detail of Officers for duty in Judge Advocate General’s Department. 1999b. Detachment or detail to duty to study law. 1999c. Limitation of time of detached duty of certain line Of- ficerS. - 1999d. Limitation of tour of duty in Philippines or Canal Zone. 2000. Restoration of dismissed officers. 2001. Officers dropped for desertion. 2002. Officers dropped for absence Without leave or under Sen- tence. º 2003. Trial of officers dismissed by President. 2004. Enlisted men not to be used as servants. 2005. Enlistment of cookS. 2005a. Same; for duration of war. 2006. Superintendence of cooking. 2007. Labor detail. - 2008. Special service details from field forces. 2009. Details of enlisted men at recruiting stations. 2010. Details of enlisted men at recruit depots and military prlson. - Rank of one enlisted man detached for duty at recruit depots. 2011. Recruit and prison companies. - 2012. Recruiting depots; temporary sergeants and corporals. 2013. Same; infantry bands. - 2014. Detail for remount detachments at remount depots. . 2015. Detail as reporters for courts-martial. Sec. 2016. Service school for cavalry and light artillery. 2016.a. Aºment of officers in Field Artillery for instruc- 1011. 2016aa. Translator for Army Service Schools. 2017. Details for school detachments at service schools. 2018. Exemption from arrest. 2019. Laundresses accompanying troops. 2019a. Sale of alcoholic liquor in or near camps or to officers OI IOleIl. 2019b. Houses of ill-fame near military camps. ORGANIZATION OF volunTEER ARMY 2020-2026. [Superseded.] - 2026a. Raised and maintained only during war. 2026b. Proclamation calling for volunteers; apportionment a.m.Ong States. te - 2026c. Laws governing Regular Army applicable. 2026d. Officers; number and grades. 2026e. Staff officers; number. - 2026f. Selection and apportionment of officers. 2026g. Recruiting; time of war; rendezvous and depots. 2026h. Same; employment of retired officers and enlisted IIlêIl. - 2026i. Assignment to duty and transfers of officers. 2026.j. Forces on footing of Regular Army as to pay. 2027. Maximum strength to be maintained. 2028-2031. [Superseded.] 2032. [Transferred.] 2033. [Superseded.] 2034. Additional paymasters. 2035. Same; service temporary. 2036, 2037. [Superseded.] 2038. Extra pay on muster out. 2039. Same; payable to heirs or legal representatives. 2040. [Superseded.] - - 2041. Examinations of officers. 2042. Examinations for commissions. 2043. Mustering officers administering oaths. 2044. Regiments mustered out to retain colors. - SELECTIVE DRAFT ACT 2044a. Organization of all increments of Regular Army; draft of National Guard and National Guard Re- serves; draft of additional forces; volunteer divi- SiOIlS. - 2044b. Voluntary enlistment or draft to maintain National Guard organizations; selective draft for other forces; persons subject to ; quotas, etc. - - 2044c. Bounties and substitutes. - 2044d. Exemptions from selective draft; local and district boards. - 2044e. Registration; persons subject; failure. - 2044f. Services of all departments and officers of United States and States; false registration. 2044g. Voluntary enlistments; grouping enlisted or drafted units. 2044h. Temporary appointment of general officers; vacancies - in Regular Army. 2044i. Period of appointments authorized by sections 1 and 8. 2044.j. Pay, allowances and pensions; increase of pay. 2044k. Restrictions on details of officers and enlisted men of Regular Army suspended. 20447. Termination of services under Act. 2044m. Calling members of classes for immediate service. 2044m. Registration of persons becoming 21 since June 5, 1917; classification. t 20440. Registration of persons subsequently becoming 21; ex- emptions. - - 2044.p. Liability of registered persons to military service. 20444. Act May 18, 1917, c. 15, applicable. § 1714. National forees; liability to military duty—All able-bodied male citizens Of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to COnstitute the national forces, and, with such exceptions and under Such COn- ditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. (April 22, 1898, c. 187, § 1, 30 Stat. 361.) § 1715. Active land forces; Army in time of war—The organized and active land forces of the United States shall consist of the Army of the Unit- ed States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respec- tively, as the Regular Army and the Volunteer Army of the United States. (April 22, 1898, c. 187, § 2, 30 Stat. 361.) - § 1715a. Army of United States—The Army of the United States shall consist Of the Regular Army, 3 1716. THE ARMY - (Tit. 14 3. IPage 2281 - the Volunteer Army, the Officers' Reserve Corps, the º º: Corps, * §§ º º; *. Officers º Ja Fi - * º - and enlisted men, See 2045- ; additional officers, see Enlisted Reserve Corps, the National Guard . § 1899b; professors and Corps of Cadets, see §§ 2206-2282a: in the service of the United States, and such ot eI* recruiting parties, see §§ 2009–2015; service school detach- land forces as are now or may hereafter be authorized 3. see §§ 2016-2017; ;P. º; #'ſ. - * s ..Q. Chapter 6 of this Title; Indian Scouts, see | | Ot, Yo: by law. (June 3, 1916, C. 134, § 1, 39 Stat. 166.) Porto Rico Regiment of Infantry, see §§ 1745–1753a; Phil- (R. S. § 1094. Superseded.) ippine Scouts and Constabulary, see §§ 1741-1744; Veterina- This section prescribed the composition of the Army, rians, see §§ 1724a, 1785; Selective Draft Act, see §§ 2044a- enumerating regiments of each arm of service, general of. 20444. - - ficers, and various departments, corps, etc., included in § 1717 b. General officers of line and staff- it. It was superseded by subsequent statutes, especially tº e - * & by § 1717, wº Was in º almost entirely superseded Officers commissioned to and holding in the Army the by § 1717a. © Office of a general officer shall hereafter be known as § 1716. Regular, Army, permanent establish- general officers of the line; officers commissioned to ment—The Regular Army is the permanent military and holding in the Army an office other than that establishment, which is maintained both in peace and of a general officer, but to which the rank of a gen- war according to law. (April 22, 1898, c. 187, § 8, eral officer is attached, shall be known as general 30 Stat. 361.) officers of the staff. The number of general officers § 1717. Composition of Army–From and after of the line now authorized by law is hereby increased the approval of this Act the Army of the United | by four major generals and nineteen brigadier gen- States, including the existing organizations, shall Con- erals: Provided. That hereafter in time of peace sist of fifteen regiments of cavalry, a Corps of artillery, major generals of the line shall be appointed from . thirty regiments of infantry, one Lieutenant-General, officers of the grade of brigadier generai of the line, six major-generals, fifteen brigadier-generals, an Ad- and brigadier generals of the line shall be appointed jutant-General's Department, an Inspector-General's from officers of the grade of colonel of the line of Department, a Judge-Advocate-General’s Depart- the Regular Army. (June 3, 1916, c. 134, § 4, 39 ment, a Quartermaster’s Department, a Subsistence Stat. 167.) Department, a Medical Department, a Pay Depart- Original number of major generals and brigadier gen- ment, a Corps of Engineers, an Ordnance Department, erals, see § 1717. - - - a Signal Corps, the officers of the Record and Pension § 1717bb. Generals and lieutenant generals— Office, the chaplains, the officers and enlisted men of Section eight of the Act entitled “An Act to authorize the Army on the retired list, the professors, corps Of the President to increase temporarily the Military ES- cadets, the army detachments and band at the United | tablishment of the United States,” approved May States Military Academy, Indian Scouts as now au- eighteenth, nineteen hundred and seventeen, shall be thorized by law, and such Other officers and enlisted held and construed to authorize the President, in ac- men as may hereinafter be provided for. (Feb. 2, 1901, Cordance with the provisions of said Act and for the c. 192, § 1, 31 Stat. 748.) - period of the existing emergency only, to appoint as Superseded, at least in part, by $ 1717a. Increase in generals the Chief Of Staff and the Commander of the ºr ºf...?" ...º.º.º.º. º.º.º.º.º.º., sº | United States forces in France; and as lieutenant gen- e lieut t generals, see § 1717bb. - sºa.”:::::::::::::::::::: tiº Regular Army— eral each Commander of an army or army corps organ- The Regular Army of the United States, including ized as authorized by existing law. (Oct. 6, 1917, c. - a tº - º e ixty-four 105, § 3, 40 Stat. 410.) - the existing organizations, shall consist of sixty-fou Act. May 18, 1917, c. 15, § 8, is § 2044h. Pay of generals regiments Of Infantry, twenty-five regiments Of CaV- and lieutenant generals, see § 2090a. Further, as to lieu- alry, twenty-one regiments of Field Artillery, a Coast tenant generals, see § 1756. 3. Artillery Corps, the brigade, division, army corps, (R. S. §§ 1102, 1103. Superseded.) and army headquarters, with their detachments and These sections prescribed composition of a regiment and troops, a General Staff Corps, an Adjutant General’s à troop ºf cayally, which were changed by Aet July 24, Department, an Inspector General’s Department, a #7%. **śs º, *; Nº. º §: % sº §aº: Judge Advocate General's Department, a Quartermas- March 2, 1899, & 35%, $ 2, 30 stat. §7, aii of which were ter Corps, a Medical Department, a Corps of Engi- sº, º, º º 2, º c. º § ; * ; 748, neers, an Ordnance Department, a Signal Corps, the except that relating to composition of cavalry bands, con- officers of the Bureau of Insular Affairs, the Militia º **** º .. ; % # º, ; #"is §as Bureau, the detached officers, the detached noncom- 352, § 2, 30'stat. '97, were superseded by § iñíš. " , - missioned officers, the chaplains, the Regular Army - Reserve, all Organized as hereinafter provided, and - LINE OF THE ARMY the following as now authorized by law: The officers § 1718. Composition of cavalry units—Each officers; the professors, the Corps of Cadets, the gen- lieutenant colonel, three majors, fifteen captains, eral Army. Service detachment, and detachments of sixteen first lieutenants, sixteen second lieutenants, Cavalry, Field Artillery, and Engineers, and the band Oſle headquarters troop, One machine-gun troop, One of the United States Military Academy; the post non- supply troop, and twelve troops organized into three Commissioned staff officers; the recruiting parties, the Squadrons of four troops each. - recruit depot detachments, and unassigned recruits; Each squadron shall consist of one major, one first the service schºol. detachments; ... the disciplinary lieutenant (squadron adjutant), and four troops. Each -guards; the disciplinary organizations; the Indian troop in squadron shall consist of one captain, one Scouts; and such other officers and enlisted men as | first lieutenant, one second lieutenant, one first ser. º,00W. Q. may be hereafter provided for. (June 3, geant, one mess sergeant, one supply sergeant, one 1916, c. 134, § 2, 39 Stat. 166.) - stable sergeant, five sergeants, eight corporals, two See, also, § 1717. t y y - Cooks, two horseshoers, One saddler, two buglers, ten Infantry regiments, see §§ 1738–1740; cavalry re iments, :--~, ſ + 1". 5 º :-- e y - sº ſis. Tºgº ºn.”.a".”: privates (first class), and thirty-six privates. tillery, see §§ 1725–1737; brigades, divisions, army corps, Each headquarters troop shall consist of one cap- *...*.*.* ... º.º.º.ºps, see...ss,1759-1783; tain (regimental adjutant), one regimental sergeant Army War. College, see §§ 1763a, 1763b; Adjutant General's - - * ** Department, see §§ 1764–1770; Inspector Géneral’s Depart- Ima.JOr, three Squadron Sergeants Imajor, One first Ser- ment, see §§ 1771-1774; Judge Advocate General's Depart- geant (drum major), tWO Color sergeants, one mess jº. sºil'É. *.*.*.*.*c. §§ †: Sergeant, One Supply Sergeant, one stable sergeant, ; - epartment, see §§ yu- a ; Orps Of En- - º £ineers, see. §§ 1840–1847; Ordnance Department, see §§ OIlê sergeant, tWO COOks, One horseshoer, one Saddler, 1848-1859b;, Signal Corps, see § 1330-18673; #ureau ºf Iš two privates (first class), and nine privates, one band šular, Affairs, see §§ 345-348; Militia Buréau, see § 3074b; leader, one assistant band leader, one Sergeant bugler, detached officers and noncommissioned officers, see Śs 1997. O band Sergeants, four ban OTOOI’ º 1997b, chaplains, see $$.1868-1880; Regular Army Reserve, º, * 㺠j four and co º iº Iſlū. See §§ 1891, 1891a, 1892–1892d; Officers' Reserve Corps and $19,180 3. musicians (second class), and Reserve Officers’ Training Corps, see §§ 1881a–18810; En- ) thirteen musicians (third class). - Ch. 1) 3 1724a THE ARMY [Page 2291 Each machine-gun troop shall consist of one Cap- tain, one first lieutenant, two second lieutenants, One first Sergeant, one mess sergeant, one supply Sergeant, One stable sergeant, two horseshoers, five sergeants, Six Corporals, two cooks, One mechanic, One Saddler, two buglers, twelve privates (first class), and thirty- five privates. . - Each Supply troop shall consist of one captain (regimental supply officer), two second lieutenants, three regimental supply sergeants, one first Sergeant, One mess Sergeant, one stable sergeant, one Corporal, One Cook, one horseshoer, one saddler, and one wagon- er for each authorized wagon of the field and combat train: Provided, That the President may, in his discretion, increase each troop of Cavalry by ten privates (first class) and twenty-five privates; the headquarters troop by two sergeants, five corporals, One horseshoer, five privates (first class), and eight- een privates; each machine-gun troop by three Ser- geants, two corporals, one mechanic, one private (first Class), and fourteen privates; each supply troop by One COrpOral, One Cook, One saddler, and One horse- ShOer. ‘. . - The commissioned officers required for the Cavalry headquarters, supply, and machine-gun troops, and for the troops organized into Squadrons, shall be as- Signed from those hereinbefore authorized. (June 3, 1916, c. 134, § 18, 39 Stat. 178.) Number of cavalry regiments, see §§ 1717, 1717a. § 1718.a. Cavalry; provisional organization— That during the present emergency the President be, and he is hereby, authorized to organize provisionally as Field Artillery or Infantry and to use as Field Artillery Or Infantry during the existing emergency Such regiments of Cavalry as he may designate: Provided, That immediately after the termination of the existing emergency such regiments shall be re- Organized as Cavalry regiments in accordance with the prescribed organization of such regiments. (Oct. 6, 1917, c. 104, 40 Stat. 398.) §§ 1719–1722. [Superseded.] Section 1719, relating to cavalry bands, was superseded by § 1718. Sections 1720, 1721, relating to veterinarians, was superseded by § 1724a. Section 1722, relating to horse- shoer for the cavalry, was superseded by § 1718. § 1723. Cavalry; colored regiments—The en- listed men of two regiments of Cavalry shall be Color- ed men. (R. S. § 1104.) § 1724. Same; dismounted—Any portion of the Cavalry force may be armed and drilled as infantry or dismounted cavalry, at the discretion of the Presi- dent. (R. S. § 1105.) § 1724a. Veterinarians—The President is here- by authorized, by and with the advice and consent Of the Senate, to appoint veterinarians and assistant veterinarians in the Army, not to exceed, including veterinarians now in service, two such officers for each regiment of Cavalry, one for every three batteries of Field Artillery, one for each mounted battalion of Engineers, seventeen as inspectors of horses and mules and as veterinarians in the Quartermaster Corps, and seven as inspectors Of meats for the Quartermaster Corps; and said veterinarians and assistant veterinarians Shall be Citizens Of the United States and shall Constitute the Veterinary Corps and shall be a part of the Medical Department of the Army. - Hereafter a candidate for appointment as assist- ant veterinarian must be a Citizen of the United States, between the ages of twenty-One and twenty- seven years, a graduate of a recognized Veterinary College or university, and shall not be appointed until he shall have passed a Satisfactory examination as to character, physical condition, general education, and professional qualifications. An assistant Veterinarian appointed under this Act shall, for the first five years of service as such, have the rank, pay, and allowances of second lieuten- ant; that after five years of Service he shall have the rank, pay, and allowances of first lieutenant; that after fifteen years of service he shall be promot- ed to be a veterinarian with the rank, pay, and allow- ances of captain, and that after twenty years’ Service he shall have the rank, pay, and allowances Of a major: Provided, That any assistant veterinarian, in order to be promoted as hereinbefore provided, must first pass a satisfactory examination, under such rules as the President may prescribe, as to professional qualifications and adaptability for the military service; and if such assistant veterinarian shall be found deficient at such examination he shall be discharged from the Army with one year’s pay. The veterinarians Of Cavalry and Field Artillery now in the Army, together with such veterinarians of the Quartermaster Corps as are now employed in said Corps, who at the date of the approval of this Act shall have had less than five years' governmental service, may be appointed in the Veterinary Corps as assistant veterinarians with the rank, pay, and al- lowances of second lieutenant; those who shall have had over five years of such service may be appointed in said Corps as assistant veterinarians with the rank, pay, and allowances of first lieutenant; and those who shall have had over fifteen years Of Such service may be appointed in said corps as Veterina- rians with the rank, pay, and allowances of Captain: Provided, That no such appointment of any veterina- rian shall be made unless he shall first pass Satis- factorily a practical professional and physical eX- amination as to his fitness for the military Service: Provided further, That veterinarians now in the Army or in the employ of the Quartermaster Corps who shall fail to pass the prescribed physical eX- amination because of disability incident to the serv- ice and sufficient to prevent them from the perform- ance of duty valuable to the Government shall be placed upon the retired list of the Army With seventy- five per centum of the pay to which they would have been entitled if appointed in the Veterimary Corps as hereinbefore prescribed. . - - . The Secretary Of War, upon recommendation of the Surgeon General of the Army, may appoint in the Veterinary Corps, for such time as their services may be required, such number of reserve veterinari- anS as may be necessary to attend public animals pertaining to the Quartermaster Corps. Reserve veterinarians so employed shall have the pay and allowances of second lieutenant during such employ- ment and no longer: Provided, That such reserve Veterinarians shall be graduates of a recognized Veterinary college or university and shall pass a sat- isfactory examination as to character, physical con- dition, general education, and professional qualifica- tions in like manner as hereinbefore required Of as- Sistant veterinarians; Such reserve veterinarians shall Constitute a list of eligibles for appointment as assistant veterinarians, subject to all the conditions hereinbefore prescribed for the appointment of as- Sistant Veterinarians. Within a limit of time to be fixed by the Secre- tary Of War, candidates for appointment as assist- ant veterinarians who shall have passed satisfac- torily the examinations prescribed for that grade by this Act shall be appointed, in the Order of merit in which they Shall have passed. Such examination, to vacancies as they occur, such appointments to be for a probationary period . Of two years, after which time, if the services of the probationers shall have been satisfactory, they shall be permanently appoint- ed with rank to date from the dates Of rank Of their probationary appointments. Probationary veterina- rians whose services are found unsatisfactory shall be discharged at any time during the probationary period, or at the end thereof, and shall have no fur- ther claims against the GOvernment On account Of their probationary service. The Secretary of War shall from time to time, ap- point boards of examiners to conduct the veterinary examinations hereinbefore prescribed, each Óf Said 3 1724a (Tit. 14 THE ARMY IPage 230] : boards to consist of three medical officers and two * (June 3, 1916, c. 134, § 16, 39 Stat. & Veterinarians in Quartermaster’s Corps, see § 1785. (R. S. $ 1099. Superseded.) This section prescribed composition of a regiment Of artillery, which was changed by Act March 8, 1898, 9. 53, § 2, 30 Stat. 261, Act April 26, 1898, c. 191, § 3, 30 Stat: 365, and Act March 2, 1899, c. 352, § 3, 30 Stat. 978. All these provisions were superseded by Act Feb. 2, 1901, C. 192, §§ 3–9, 31 Stat. 748, 749, discontinuing regimental Or- ganization of artillery arm, constituting it the Artillery Corps, comprising two branches, coast and field artillery, each organized into batteries. Composition of batteries was prescribed by Act March 2, 1899, c. 352, § 3, 80 Stat. 978. These provisions were in turn superseded by the re- organization of artillery and separation of coast and field artillery by Act Jan. 25, 1907, c. 397, 34 Stat. 861, which were largely superseded by §§ 1731a, 1736a. For existing laws dealing with coast and field artillery, see §§ 1725–1737. (R. S. §§ 1100, 1101. Superseded.) These sections prescribed composition and equipmerit of battery of artillery. Changes therein Were nlade by Act March 8, 1898, c. 53, § 2, 30 Stat. 261, and Act April 26, 1898, c. 191, § 3, 30 Stat. 365, which were superseded by Act. March 2, 1899, c. 352, § 3, 30 Stat. 978, prescribing composition and organization of each regiment, band, and batteries as batteries of heavy and field artillery: Regi- mental organization was discontinued by § 1725. The pro- visions of Act Feb. 2, 1901, c. 192, §§ 6-8, 31 Stat. 749, con- tinuing previous organization of batteries, Were supeºl. ed by Act Jan. 25, 1907, c. 397, 34 Stat. 861, which were in turn largely superseded by §§ 1731a, 1736a. For existing laws dealing with coast and field artillery, see §§ 1725–1737. § 1725. Artillery Corps; organization—The regimental organization of the artillery ºria Of the United States Army is hereby discontinued, and that arm is constituted and designated as the Artik lery Corps. It shall be organized as hereinafter Spec- tº . - * IWA ified and shall belong to the line of the Army. (Feb. 2, 1901, c. 192, § 3, 31 Stat. 748.) tº § 1726. Same; master electricians—There shall be added to the Artillery Corps twenty-five mas. ter electricians, to be enlisted by the Secretary. Of War, after such examination as he may prescribe, who shall receive seventy-five dollars per month and the allowance of an ordnance sergeant. (March 2, 1903, c. 975, 32 Stat. 930.) Other provisions for master electricians, , see §§ 1731, 1731a. Pay of master electricians, see, also, $ 2144. § 1727. Same; coast and field artillery; Chief of Coast Artifiery—The artillery of the United * States Army shall consist of the Chief of Artillery, the coast artillery, and the field artillery. The coast artillery and the field artillery shall be Organized as hereinafter specified, and the artillery shall belong to the line of the Army: Provided, That on and after July first, nineteen hundred and eight, the Chief of Artillery shall cease to exercise SuperVision OVer the field artillery and shall thereafter be designated as the Chief of Coast Artillery. (Jan. 25, 1907, c. 897, § 1, 34 Stat. 861.) Rank, pay, and allowances of Chief of Coast Artillery: see Śs 1731-1731a. Chief of Coast Artillery as member of General Staff, see § 1762a. - - § 1728. Same; Chief of Coast Artillery; vacancy in office of—When a vacancy occurs in the office of the Chief of Artillery or Chief of Coast Artil- lery the President may appoint, to such vacancy, by and with the advice and Consent Of the Senate, an officer selected from the coast artillery, Who Shall serve for a period of four years unless reappointed for further periods of four years; and any officer Who’ shall hereafter serve as Chief of Artillery or Chief of Coast Artillery shall, when retired, be retired with the rank, pay, and allowances authorized by law for a brigadier-general on the retired list. The position vacated by an officer appointed Chief of Ar- tillery or Chief of Coast Artillery shall be filled by promotion in that arm according to existing Jaw, but the officer thus appointed shall continue in the same lineal position in his arm which he would have held if he had not been so appointed, and shall be an ad- ditional number in the grade from which he was ap- pointed or to which he may be promoted: Provided, That there shall not be at any time in the COast ar- forty-One master electricians; tillery more than one additional officer by reason of the appointment of a Chief of Artillery or Chief of Coast Artillery and the relief of an officer from such duty. (Jan. 25, 1907, c. 397, § 2, 34 Stat. 861.) § 1729. Same; coast artillery defined—The Coast artillery is the artillery charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine mine and torpedo defenses. (Jan. 25, 1907, c. 397, § 3, 34 Stat. 861.) § 1730. Same; field artillery defined—The field artillery is the artillery which accompanies an army in the field, and includes light artillery, horse artillery, siege artillery, and mountain artillery. (Jan. 25, 1907, c. 397, § 4, 34 Stat. 861.) § 1731. Šame; composition of coast artillery eorps—The coast artillery shall constitute a corps, and Shall Consist of one Chief of Coast Artillery with the rank, pay, and allowances of a brigadier-general, as provided in Section one of this Act; fourteen Col- Onels; fourteen lieutenant-Colonels; forty-two maj- Ors; two hundred and ten captains; two hundred and ten first lieutenants, and two hundred and ten Second lieutenants; and the captains and lieutenants provided for in this section not required for duty With Companies shall be available for duty as staff Officers of the various coast artillery commands and for such other details as may be authorized by law and regulations; twenty-one sergeants-major with the rank, Day, and allowances of regimental Sergeants- major of infantry; twenty-six master, electricians; Sixty engineers; seventy-four electrician-sergeants, first Class; Seventy-four electrician-sergeants, second Class; forty-two sergeants-major with the rank, pay, and allowances of battalion sergeants-major of in- fantry; forty-two master gunners; sixty firemen; One hundred and seventy Companies, and fourteen bands, organized as now provided for by law for ar- tillery Corps bands. (Jan. 25, 1907, c. 397, § 5, 34 Stat. 861.) Superseded by § 1731a, except perhaps as to number of companies in the Corps. . . § 1731a. Sarne—The Coast Artillery Corps shall Consist Of One Chief of Coast Artillery, with the rank Of brigadier general; twenty-four colonels; twenty- four lieutenant Colonels; seventy-two majors; three hundred and sixty captains; three hundred and sixty first lieutenants; three hundred and sixty second lieutenants; thirty-One sergeants major, senior grade; sixty-four Sergeants major, junior grade; seventy-two engineers; . ninety-nine electrician sergeants, first class; two hundred and Seventy-five assistant engineers; ninety- nine electrician Sergeants, second class; one hun- dred and six firemen ; ninety-three radio sergeants; Sixty-two master gunners; two hundred and sixty- three first Sergeants; two hundred and Sixty-three Supply Sergeants; two hundred and Sixty-three mess SergeantS ; two thousand One hundred and four Ser- geants; three thousand One hundred and fifty-six Corporals; five hundred and twenty-six cooks; five hundred and tWenty-Six mechanics; five hundred and twenty-Six buglers; five thousand two hundred and twenty-five privates, first class; fifteen thousand six hundred and Seventy-five privates; and eighteen bands, Organized as hereinbefore provided for the Engineer band. The rated men of the Coast Artil- lery Corps shall consist of casemate electricians; observers, first class; plotters; chief planters; cox- Swains; chief loaders; observers, second class; gun Commanders and gun pointers. The total number of rated men Shall not exceed One thousand Seven hun- dred and eighty-four. Coxswains shall receive $9 per month in addition to the pay of their grade. (June 3, 1916, c. 134, § 20, 39 Stat. 180.) - § 1731 b. Same; Chief of Coast Artillery— Hereafter the Chief of Coast Artillery shall have the rank, pay, and allowances of a major general. (J uly 6, 1916, c. 225, § 1, 39 Stat. 349.) - Ch. 1) # 1787 THE ARMY [Page 231] § 1732. Same; composition of companies- Each company of Coast artillery shall Consist of One Captain, One first lieutenant, One Second lieutenant, one first Sergeant, one quartermaster-Sergeant, tWO Cooks, tWO mechanics, two musicians, and Such num- ber of Sergeants, corporals, and privates as may be fixed by the President in accordance with the require- ments of the service to which it may be assigned: Provided, That the total number of Sergeants and cor- porals in the coast artillery, so fixed, shall not exceed One thousand three hundred and Sixty and two thou- Sand and forty, respectively, and that the total en- listed strength of the coast artillery, as provided under this Act, shall not exceed nineteen thousand One hundred and forty-Seven, exclusive Of master elec- tricians, electrician-sergeants, first class, and electri- Cian-sergeants, second class. (Jan. 25, 1907, c. 397, § 6, 34 Stat. 862.) §§ 1733–1736. [Superseded.] These sections, relating to artillery bands, and the com- position of field artillery regiments and batteries, were superseded by § 1736a. § 1736a. Composition of field artillery units —The Field Artillery, including mountain artillery, light artillery, horse artillery, heavy artillery (field and Siege types), shall consist of One hundred and twenty-six gun or howitzer batteries organized into tWenty-One regiments. - - In time of actual Or threatened hostilities the Presi- dent is authorized to organize such number of am- munition batteries and battalions, depot batteries and battalions, and such artillery parks with such num- bers and grades of personnel and such Organizations as he may deem necessary. The officers necessary for Such Organization shall be supplied from the Officers’ Reserve Corps provided by this Act and by temporary appointment as authorized by Section eight Of the Act of Congress approved April twenty-fifth, nineteen hundred and fourteen. The enlisted men necessary for such organizations shall be supplied from the Regular Army Reserve provided by this Act or from the Regular Army. - - Each regiment of Field Artillery shall consist of One Colonel, One lieutenant Colonel, One Captain, one headquarters Company, One Supply Company, and Such number. Of gun and howitzer battalions as the President may direct. Nothing shall prevent the as- Sembling, in the same regiment, of gun and howitzer battalions of different calibers and classes. Each gun Or howitzer battery shall consist Of One captain, two first lieutenants, two second lieutenants, One first Sergeant, One supply Sergeant, . One stable ser- geant, One mess sergeant, six sergeants, thirteen cor- porals, One Chief mechanic, One saddler, two horse- shoers, one mechanic, two buglers, three cooks, twen- ty-two privates (first class), and seventy-one privates. When no enlisted men of the Quartermaster Corps are attached for such positions there shall be added to each battery Of mountain artillery One packmaster (Sergeant, first class), one assistant packmaster (Sergeant), and one cargador (corporal). Each headquarters Company of a regiment of two battalions shall consist of one captain, One first lieu- tenant, One regimental sergeant major, two battalion Sergeants major, One first sergeant, two color ser- geants, One mess Sergeant, One supply sergeant, one stable sergeant, two sergeants, nine corporals, one horseshoer, one saddler, one mechanic, three buglers, two cooks, five privates (first class), fifteen privates, One band leader, One assistant band leader, One ser- geant bugler, two band sergeants, four band cor- porals, two musicians (first class), four musicians (second class), and thirteen musicians (third class). That when a regiment consists of three battalions there shall be added to the headquarters company one battalion sergeant major, one sergeant, three cor- porals, One bugler, One private (first class), and five privates. When no enlisted men of the Quartermas- ter Corps is attached for such positions, there shall be added to each mountain artillery headquarters COmpany One packmaster (Sergeant, first class), One assistant packmaster (Sergeant), and One Cargador (Corporal). - - - • , Each supply company of a regiment of two battal- ions Shall Consist Of One Captain, One first lieutenant, two regimental supply sergeants, one first sergeant, One meSS Sergeant, One COrpOral, One COOk, One horse- ShOer, One saddler, two privates, and One wagoner for each authorized wagon of the field train. When a regiment Consists of three battalions there shall be added to the supply company one second lieutenant, One regimental supply sergeant, One private, and One wagoner for each additional authorized wagon of the field train. Each gun or howitzer battalion shall consist Of One major, one captain, and batteries as follows: Moun- tain artillery battalions and light artillery gun or howitzer battalions Serving with the field artillery of Infantry divisions shall contain three batteries; horse artillery battalions and heavy field artillery gun Or howitzer battalions shall contain two batteries: Pro- Vided, That the President may, in his discretion, in- crease the headquarters company of a regiment of tWO battalions by two sergeants, five corporals, one horse- shoer, one mechanic, one private (first class), and six privates; the headquarters company of a regiment Of three battalions by One sergeant, seven Corporals, One horseshoer, One mechanic, two Cooks, two privates (first class), and seven privates; the supply company Of a regiment of two battalions by One CorpOral, One cook, one horseshoer, and one saddler; the supply Company for a regiment of three battalions by One COrpOral, One COOk, One horseshoer, and One Saddler; a gun or howitzer battery by three sergeants, seven corporals, one horseshoer, two mechanics, one bugler, thirteen privates (first class), and thirty-seven pri- vates. (June 3, 1916, c. 134, § 19, 39 Stat. 179.) - Veterinarians for field artillery, see § 1724a. Officers' Reserve Corps, see §§ 1881a–18810. Act April 25, 1914, C. 71, § 8, is $ 1905a. Regular Army Reserve, see §§ 1891– 1892d. § 1737. Field artillery; pay and allowances of mora.commissioxned officers and enlisted men— The regimental and battalion nonCOmmissioned staff officers herein authorized for regiments of field ar- tillery shall have the pay and allowances of corre- Sponding grades in the Cavalry ; the battalion quarter- master-Sergeant shall have the pay and allowances of Sergeant-major, junior grade, of the Artillery Corps; the Chief mechanic the pay and allowance Of Ser- geant, and the mechanics of field artillery the pay and allowances of artificers of field artillery; engineer, sixty-five dollars a month and allowances of Ordnance- Sergeant; electrician-sergeant, first class, forty-five dollars a month and allowances of Ordnance-sergeant; electrician-Sergeant, second class, thirty-five dollars a month and allowances Of Ordnance-sergeant; mas- ter gunner, the pay and allowances of ordnance-ser- geant ; fireman, thirty dollars a month and allowances of Ordnance-Sergeant; and that the rates of pay of all Other enlisted men. Of the Coast and the field ar- tillery shall be as now provided by law: Provided, That casemate electricians, observers, first class, and plotters shall receive nine dollars a month in addition to their pay ; that chief planters, chief loaders, ob- Servers, Second Class, gun Commanders, and gun point- ers Shall receive Seven dollars a month in addition to their pay, and that first-class gunners shall re- ceive two dollars a month and second-class gunners One dollar a month in addition to their pay: Provided further, That the number Of Casemate electricians shall not exceed forty-four ; that the number of Ob- servers, first class, shall not exceed One hundred and seventy; that the number of plotters shall not ex- ceed one hundred and seventy; that the number of chief planters shall not exceed forty-four ; that the number of chief loaders shall not exceed forty-four; that the number of observers, second class, shall not & 1737 (Tit. 14 THE ARMY [Page 2321 exceed. One hundred and seventy; that the number of £un Commanders shall not exceed three hundred and Seventy-eight, and that the number of gun pointers Shall not exceed three hundred and SeVenty-eight: And provided further, That no enlisted man shall re- Ceive under this section more than one addition to his pay. (Jan. 25, 1907, c. 397, § 11, 34 Stat. 863.) further, as to pay and allowances, see §§ 2144, 2144a. (R. S. §§ 1106, 1107. Superseded.) These sections prescribed the composition of a regiment and a company of infantry. They were superseded by Subsequent acts, particularly $$ 1738, 1738a. § 1738. Composition of infantry regiments and companies; pay and allowances—Each regi- ment of infantry shall consist of one colonel, one lieu- tenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants ; One Sergeant-major, One quartermaster-sergeant, one com- missary-Sergeant, three battalion sergeants-major, two Color Sergeants, with rank, pay, and allowancés of battalion Sergeants-major, one band, and twelve com- panies, Organized into three battalions of four com- panies each. Of the officers herein provided, the cap- tains and lieutenants not required for duty with the COmpanies Shall be available for detail as regimental and battalion staff officers and such other details as Imay be authorized by law or regulations. Battalion adjutants shall receive one thousand eight hundred dollars per annum and the allowances of first lieu- tenants, mounted; battalion quartermasters and com- missaries shall receive one thousand six hundred dollars per annum and the allowances of second lieu- tenants, mounted. Each infantry band shall be Or- ganized as now provided by law. Each infantry com- pany shall Consist of One captain, one first lieutenant, One Second lieutenant, one first sergeant, one quar- termaster-Sergeant, four sergeants, six corporals, two COOks, two musicians, One artificer, and forty-eight privates, the commissioned officers to be assigned from those hereinbefore authorized: Provided, That the President, in his discretion, may increase the num- ber of Sergeants in any company of infantry to six, the number of corporals to ten, and the number of pri- vates to one hundred and twenty-seven, but the total Inumber Of enlisted men authorized for the whole Army shall not, at any time, be exceeded. (Feb. 2, 1901, c. 192, § 10, 31 Stat. 750.) Number of regiments, see §§ 1717, 1717a. Recruit and prison Companies, see § 2011. See, also, § 1738a, largely superseding this section. § 1738a. Composition of infantry units—Each regiment Of Infantry shall Consist Of One Colonel, One lieutenant Colonel, three majors, fifteen Captains, six- teen first lieutenants, fifteen second lieutenants, One headquarters Company, One machine-gun Company, One supply company, and twelve Infantry Companies organized into three battalions of four Companies each. - Each battalion shall Consist Of One major, One first lieutenant, mounted (battalion adjutant), and four companies. Each Infantry Company in battalion shall COnsist Of One Captain, One first lieutenant, One second Iieutenant, One first Sergeant, One meSS Sergeant, One Supply Sergeant, Six Sergeants, eleven Corporals, two Cooks, two buglers, one mechanic, nineteen privates (first class), and fifty-six privates. Each Infantry headquarters company shall consist Of One Captain, mounted (regimental adjutant); one regimental Sergeant major, mounted ; three battalion Sergeants major, mounted; one first sergeant (drum major); tWO Color sergeants; one mess sergeant; one Supply Sergeant; One stable sergeant ; one sergeant; tWO COOks ; One horseshoer; one band leader; one assistant band leader; one sergeant bugler; two band Sergeants; four band corporals; two musicians, first Class; four musicians, second class; thirteen musicians, third Class; four privates, first class, mounted; and twelve privates, mounted. Each Infantry machine-gun company shall consist of One Captain, mounted; one first lieutenant, mount- Captain, mounted ; headquarters, ed; two Second lieutenants, mounted; one first ser- geant, mounted; one mess sergeant; one Supply Ser- geant, mounted; one stable sergeant, mounted; one horseshoer; five Sergeants; six corporals; two cooks; two buglers; one mechanic; eight privates, first Class; and twenty-four privates. Each Infantry supply company shall consist of one One Second lieutenant, mounted; three regimental supply sergeants, mounted; one first Sergeant, mounted ; One mess sergeant; one stable Sergeant; One Corporal, mounted; one cook; one sad- dler; One horseshoer; and one wagoner for each au. thorized Wagon of the field and combat train: , Pro- Vided, That the President may in his discretion in- Crease a COmpany of Infantry by two sergeants, six Corporals, One cook, One mechanic, nine privates (first Class), and thirty-one privates; an Infantry machine- gun company by two sergeants, two corporals, one mechanic, four privates, first class, and twelve pri- WateS. The Commissioned officers required for the Infantry - Supply, and machine-gun companies and for the Companies organized into battalions shall be assigned from those hereinbefore authorized. (June 3, 1916, c. 134, § 17, 39 Stat. 177.) See § 1738. § 1739. [Superseded.] - - This Section, relating to infantry bands, was superseded by § 1738a. - - § 1740. Colored regiments—The enlisted men Of two regiments of infantry shall be colored men. (R. S. § 1108.) § 1741. Philippine Scouts; organization- When in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives Of those islands for Service in the Army, to be Organized as Scouts, with such Officers as he shall deem necessary for their proper control, Or as troops Or Companies, as authorized by this Act, for the Regular Army. The President is further author- ized, in his discretion, to form companies, Organized as are companies of the Regular Army, in Squadrons or battalions, with officers and noncommissioned Offi- cers corresponding to similar organizations in the cavalry and infantry arms. The total number of enlisted men in said native Organizations shall not exceed twelve thousand [,and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time One hundred thousand]. The majors to command the Squadrons and bat- talions shall be selected by the President from Cap- tains Of the line Of the Regular Army, and While SO Serving they shall have the rank, pay, and allowances Of the grade of major. The Captains Of the troops or companies [shall be selected by the President from first lieutenants of the line of the Regülar Army,) and while so serving they shall have the rank, pay, and allowances of Captain of the arm to which as- signed. The Squadron and battalion staff Officers, and first and second lieutenants of companies, may be selected from the noncommissioned officers or enlist- ed men of the Regular Army of not less than two years’ Service, Or from Officers Or nonCommissioned officers or enlisted men serving, or who have served, in the Volunteers subsequent to April twenty-first, eighteen hºndred and ninety-eight, and officers of those graties shall be given provisional appointments for periods of four years each, and no such appoint- ments shall be continued for a second Or subsequent term unless the Officer’s COnduct shall have been Sat- isfactory in every respect. The pay and allowances of provisional Officers of native Organizations shall be those authorized for Officers of like grades in the Regular Army. The pay, rations, and Clothing al- lowances to be authorized for the enlisted men shall be fixed by the Secretary Of War, and shall not ex- ceed those authorized for the Regular Army. When, in the Opinion of the President, natives of Ch. 1) # 1747 THE ARMY [Page 2331 the Philippine Islands shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades Of Second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of corresponding grades Of the Regular Army. (Feb. 2, 1901, c. 192, § 36, 31 Stat. 757.) Text in brackets superseded by §§ 1882a, 1742. Existing laws relating to Philippine Scouts not affected by Na- tional Defense Act of 1916, by § 22 thereof (§ 1991a). § 1741a. Same; officers eligible , as militia. officers—That Officers Of the Philippine SCOutS be, and they hereby are, made eligible to appointment as Offi- cers in the militia or other locally created armed forces in the Philippine Islands which have been or shall hereafter be drafted into the service of the |United States; and any such officer of the Philip- pine Scouts so appointed as an officer in said drafted forces shall not thereby vacate his commission in the Philippine Scouts, and in case his commission in said Philippine Scouts shall terminate while holding a commission in said drafted forces as aforesaid, he shall thereupon be eligible to reappointment as an officer of said Philippine Scouts notwithstanding his retention of a commission in said drafted forces. (March 30, 1918, c. 36, § 1, 40 Stat.) § 1741aa. Same; computation of period of service—In computing period of service for any pur- pose officers of the Philippine Scouts shall be credited with all time served as commissioned officers in the drafted forces mentioned in section one of this Act. (March 30, 1918, c. 36, § 2, 40 Stat.) § 1742. Same; eagtains—The office of Captain in the Philippine Scouts is hereby created as a grade of rank in the military establishment. Such Captains shall be selected from officers of the grade Of first lieutenants in said scouts, and shall be given pro- visional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent period unless the officers’ Con- duct shall have been satisfactory in every respect: Provided, That the number of officers provisionally appointed , under the terms of this Act shall not at any time exceed the number of companies of said native troops which may be formed by the President from time to time for service in the Philippine IS- lands. (May 16, 1908, c. 171, 35 Stat. 163.) § 1743. Philippine Constabulary; chief and assistant chiefs—Officers of the Army Of the United States may be detailed for Service as chief and as- Sistant chiefs, the said assistant chiefs not to exceed in number four, Of the Philippine Constabulary, and that during the continuance of Such details the officer serving as chief shall have the rank, pay, and al- lowances of brigadier-general, and the Officers serving as, assistant chiefs shall have the rank, pay, and allowances of Colonel: Provided, that the difference between the pay and allowances Of brigadier-general and colonel, as herein provided, and the pay and al- lowances of the Officers SO detailed in the grades from which they are detailed 'Shall be paid Out Of the Philippine treasury. (Jan. 30, 1903, c. 334, § 1, 32 Stat. 783.) Details for duty with Constabulary, see §§ 1999, 1999c. § 1744. Same; assistance of Scouts—Any Com- panies of Philippine Scouts ordered to assist the Philippine Constabulary in the maintenance of order in the Philippine Islands may be placed under the command of Officers serving as chief Or assistant chiefs of the Philippine Constabulary, as herein pro- vided: Provided, That when the Philippine Scouts shall be Ordered to assist the Philippine Constabulary, said Scouts shall not at any time be placed under the command Of inspectors or other officers Of the constabulary below the grade of assistant chief of constabulary. (Jan. 30, 1903, c. 334, § 2, 32 Stat. 783.) § 1745. Porto Rico regiment of infantry; composition; pay—The President is authorized to Organize and maintain one provisional regiment Of not exceeding three battalions of infantry, for service in Porto Rico, the enlisted strength thereof to be com- posed of natives of that island as far as practicable. The regiment shall be organized as to numbers as authorized for infantry regiments of the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowarices. thereof. The company and regimental and battalion. staff Officers shall be appointed by the President. The President may, in his discretion, continue with their OWI). COInsent the VOlilnteer Officers and enlisted men of the Porto Rico regiment, whose terms of serv- ice expire by law July first, nineteen hundred and One. Enlistments for the POI to Rico regiment shall be made for periods of three years, unless sooner dis- Charged. The regiment shall be continued in service until further directed by Congress. (Feb. 2, 1901, c. 192, § 37, 31 Stat. 758.) See § 1753a. - § 1746. Same—For Porto Rico Provisional Regi- ment of Infantry, composed of two battalions of four companies each, to include the enlisted men. Of the present regiment who may be in the service June thirtieth, nineteen hundred and four, and Officers as herein provided. The field officers shall be detailed from the officers of the Regular Army of the same grade and shall receive the pay and emoluments of their grade. The present officers of the regiment be- low the grade of field officers who are mentally, mOr- ally, and physically qualified and have proved efficient in their respective positions may be reappointed by the President, by and with the advice and consent Of the Senate (and such Officers shall be entitled to preference in such appointments) for a provisional term of four years. Officers so reappointed shall be eligible for promotion in the regiment up to and in- cluding the rank of Captain, upon examination as to their fitness for Such promotion. Vacancies then ex- isting or thereafter occurring in the grade of second lieutenant may be filled by the President, in his dis- cretion, by and with the advice and consent of the Senate, by the appointment of citizens of Porto Rico for the provisional term of four years, whose qualifica- tions for commissions shall be established by such examination as the President may prescribe, who shall also be eligible for promotion in the regiment up to and including the rank of Captain, upon an ex- amination as to their fitness. Vacancies not filled as hereinbefore provided by the reappointment or promo- tion of the present officers or by the appointment or promotion of citizens of Porto Rico, shall be filled by detail from the line of the infantry of the Army of the same grade with the vacancy to be filled. Men hereafter enlisted in the regiment shall be citizens Of POrto Rico and shall be enlisted for a term of tWO years; and except in the case of noncommission- ed officers shall not be reenlisted in time of peace. The names Of all enlisted men who have served honorably in the regiment shall be kept at the head- quarters of the regiment, and these men shall be regarded as a reserve, to be specially considered in time Of War. The pay and allowances of Officers and enlisted men Of the regiment shall be the same as authorized for like grades in the Regular Army. (April 23, 1904, c. 1485, 33 Stat. 266.) See § 1753a. § 1747. Same; term of enlistment; re-enlist- ments—Men hereafter enlisted in the Porto Rico Provisional Regiment of Infantry shall be enlisted for a period of three years and may be reenlisted, such enlistments and reenlistments to be subject to the regulations governing the Army at large, with such modifications as to physical requirements as & 1747 (Tit. 14 THE ARMY IPage 234] the President may prescribe. (May 11, 1908, c. 163, 35 Stat. 114.) See § 1753a. § 1748. Samme; designation; composition—On and after the thirtieth day of June, nineteen hundred and eight, the Porto Rico Provisional Regiment of Infantry shall be designated the Porto Rico Regi- ment Of Infantry of the United States Army. It shall be composed of the two existing battalions of the Porto Rico Provisional Regiment of Infantry. (May 27, 1908, c. 201, § 1, 35 Stat. 392.) See § 1753a. § 1749. [Superseded.] This section, relating to field officers of the Porto Rico regiment, was superseded by § 1753a. - § 1750. Porto Rico regiment of infantry; captains and lieutenants re-commissioned—The present Captains and lieutenants of the Porto Rico Provisional Regiment of Infantry appointed or who were reappointed after a mental, physical, and pro- fessional examination, may be recommissioned as offi- cers of the Porto Rico Regiment of Infantry. (May 27, 1908, c. 201, § 3, 35 Stat. 392.) § 1750a. Same; permanent captains recom- missioned; rank—The permanent Captains of the POr- to Rico Regiment of Infantry now holding commissions as such in said regiment shall be recommissioned as captains of Infantry of the United States Army, to take ränk on the lineal list of Officers of Infantry immedi- ately after the junior Officers of the same grade Whose total commissioned service equals or exceeds theirs: Provided further, That those officers of the Porto Rico Regiment of Infantry, recommissioned as captains of Infantry, whose total Commissioned service is less than that of any officer of Infantry of the next lower grade, shall not advance On the lineal list of Captains of In- fantry, nor On the relative list of Officers of the United States Army, until such time as there no longer remains On the lineal list of Officers of Infantry any officer of the next lower grade of equal or greater léngth of total Commissioned service and shall take rank in the grade of captain on the lineal list of officers of Infantry and On the relative list Of Officers Of the United States Army immediately after the juniors in rank Of Such officers of Infantry of equal or greater total com- missioned service: Provided, That for the purpose of this Act total commissioned service shall include commissioned Service in the Regular Army, in the Volunteers, in the Porto Rico Provisional Regiment of Infantry, and in the Porto Rico Regiment of Infantry, and that the Commissioned Service Of those Officers of the Porto Rico Regiment of Infantry who were officers of the Porto Rico Provisional Regiment of Infantry, shall be counted as continuous and uninterrupted be- tween the twenty-ninth day of June nineteen hundred and eight, and the thirty-first day of December, nine- teen hundred and eight. (March 4, 1915, c. 143, § 1, 38 Stat. 1070.) See § 1750. §§ 1751–1753. [Superseded.] These sections, relating to the Porto Rico regiment of infantry, were superseded by § 1753a. § 1753a. Porto Rico Regiment of Infantry— The Porto Rico Regiment of Infantry of the United States Army shall hereafter have the same organiza- tion, and the same grades and numbers of COmmission- ed Officers and enlisted men, as are by this Act Or shall hereafter be prescribed by law for other regi- ments of Infantry of the Army. All vacancies created by this Act or occurring hereafter in commissioned Offices of said regiment above the grade of Second lieu- tenant and below the grade of colonel shall, except as hereinafter provided to the contrary, be filled by pro- motion according to seniority in the several grades and within the regiment, subject to the examination prescribed by section three of the Act of Congress ap- proved October first, eighteen hundred and ninety, and said section is hereby extended so as to apply in the cases of all officers below the grade of lieutenant colo- nel, who shall hereafter be examined for promotion in the Porto Rico Regiment of Infantry, except that the President may prescribe such a system of examina- tion for the promotion of officers of said regiment as he may deem advisable. The Colonel of said regiment shall be detailed by the President, from among officers of Infantry of the Ar- my not below the grade of lieutenant colonel, for a period of four years unless sooner relieved. Vacan- Cies Created by this Act in the grades of lieutenant Colonel and major in said regiment shall be filled by appointments from the senior captains in regimental rank of the Porto Rico regiment mentioned in the Act Of March fourth, nineteen hundred and fifteen; and Captains and lieutenants of said regiment shall also be eligible for Such detached service, transfer, or assign- ment to duty with other organizations as may be ap- proved by the Secretary of War; but vacancies creat- ed by such detachment of officers shall not be filled by promotions or appointments. - All men hereafter enlisting in said regiment shall be natives of Porto Rico. All enlistments in the regi- Iment Shall hereafter be the same as is provided herein for the Regular Army, and the regiment, or any part thereof, may be ordered for service outside the island Of PortO Rico. The pay and allowances of members Of Said regiment shall be the same as provided by law for Officers and enlisted men of like grades in the Reg- ular Army. Vacancies created by this Act or occurring hereafter in the grade of second lieutenant in said regiment shall be filled during any calendar year by the ap- pointment by the President, by and with the advice and COnsent Of the Senate, of any native of Porto Rico graduated from the United States Military Aca- demy, and, after such appointment shall have been made or provided for, by like appointment of native Citizens Of Porto Rico between twenty-one and twenty- Seven years of age. Provided, That officers of the Porto Rico Regiment Of Infantry, United States Army, who held commis- Sions in the Porto Rico Provisional Regiment of In- fantry On June-thirtieth, nineteen hundred and eight, shall now and hereafter take rank in their grades in the Same relative order held by them in said Porto Rico Provisional Regiment of Infantry on June thir- tieth, nineteen hundred and eight, subject to any loss in rank due to failure to pass examinations for pro- motion or to sentence of court-martial. (June 3, 1916, c. 134, § 21, 39 Stat. 180.) § 1754. Indian scouts—The President is author- ized to enlist a force of Indians, not exceeding one thousand, who shall act as Scouts in the Territories and Indian Country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander. (R. S. § 1112.) - § 1755. Same; employment continued—SO much of the Army appropriation act of twenty-fourth July, eighteen hundred and seventy-six, as limits the number of Indian scouts to three hundred is hereby repealed ; and sections ten hundred and ninety-four and eleven hundred and twelve Of the Revised Stat- utes, authorizing the employment of one thousand In- dian Scouts, are hereby continued in force: Provided, That a proportionate number of non-commissioned Officers may be appointed. And the Scouts, when they furnish their own horses and horse-equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. (Aug. 12, 1876, c. 263, 19 Stat. 131.) (R. S. § 1095. Superseded.) This section prescribed the title of the General of the Army. It was superseded by the discontinuance of the of- fice on the death of the then incumbent (General Sher- idan). But $ 1717bb authorizes the temporary appointment of two Generals (q. v.). § 1756. Lieutenant-General; office to cease— When the Office of Lieutenant-General shall become vacant it shall not thereafter be filled, but said office Shall Cease and determine: Provided further, That Ch. 1) # 1762a THE ARMY [Page 235I nothing in this provision shall affect the retired list. (March 2, 1907, c. 2511, 34 Stat. 1160.) Temporary appointments of generals and lieutenant gen- erals were authorized by § 1717bb. * § 1756a. Aids of General—The General may Select from the Army such number of aids, not exceed- ing Six, as he may deem necessary, who shall have, While serving on his staff, the rank of colonel of cavalry. (R. S. § 1096.) This section is retained here because of the temporary revival of the rank of General by § 1717bb. § 1756b. Aids of Lieutenant-General—The Lieutenant-General may select from the Army two aids and One military secretary, who shall have the rank of lieutenant-colonel of cavalry while serving On his staff. (R. S. § 1097, amended Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.) This section is retained here because of the temporary revival of the rank of Lieutenant-General, by § 1717bb. § 1757. Aids of major and brigadier generals —Each major-general shall have three aids, who may be selected by him from captains or lieutenants of the Army, and each brigadier-general shall have two aids, who may be selected by him from lieutenants of the Army. (R. S. § 1098.) § 1758. [Superseded.] This section (R. S. § 1114), was superseded by § 1758a. § 1758a. Composition of brigades, divisions, and so forth—The mobile troops of the Regular Army Of the United States shall be Organized, as far as practicable, into brigades and divisions. The Presi- dent is authorized, in time of actual or threatened hos- tilities, or when in his opinion the interests of the pub- lic service demand it, to Organize the brigades and divisions into such army Corps Or armies as may be necessary. The typical Infantry brigade shall consist Of a headquarters and three regiments of Infantry. The typical Cavalry brigade shall consist of a head- Quarters and three regiments of Cavalry. The typical Field Artillery brigade shall consist of a headquarters and three regiments of Field Artillery. The typical Infantry division shall consist of a headquarters, three Infantry brigades, one regiment of Cavalry, One field Artillery brigade, one regiment of Engineers, One field signal battalion, One aero Squadron, One ammu- nition train, one supply train, one engineer train, and one sanitary train. The typical Cavalry division shall consist of a headquarters, three Cavalry bri- gades, one regiment of Field Artillery (horse), one bat- talion of mounted Engineers, one field signal battalion (mounted), one aero squadron, One ammunition train, One supply train, one engineer train, and One sani- tary train. The typical army Corps shall consist of a headquarters, two or more Infantry divisions, one or more Cavalry brigades or a Cavalry division, One Field Artillery brigade, One telegraph battalion, and One field signal battalion, and Such ammunition, Supply, engineer, and sanitary trains as the President may deem necessary. A brigade, a division, an army Corps, and an army headquarters shall consist of such of ficers, enlisted men, and civilians as the President may prescribe. Each supply train, ammunition train, Sanitary train, and engineer train Shall consist Of Such Officers and enlisted men and shall be Organized as the President may prescribe, the line officers necessary there with to be detailed under the provisions of Sec- tions twenty-six and twenty-Seven, Act of Congress approved February Second, nineteen hundred and One. Nothing herein contained, however, shall prevent the President from increasing or decreasing the number of organizations prescribed for the typical brigades, divisions, and army Corps, or from prescribing new and different Organizations and personnel as the effi- ciency of the service may require. (June 3, 1916, c. 134, § 3, 39 Stat. 166.) Act Feb. 2, 1901, c. 26, §§ 26, 27 (§§ 1905, 1908). STAFF CORPS AND DEPARTMENTS § 1759. General Staff Corps; establishment— There is hereby established a General Staff Corps, to be composed of Officers detailed from the Army at large, under such rules as may be prescribed by the President. (Feb. 14, 1903, c. 553, § 1, 32 Stat. S30.) § 1760. Same; duties—The duties of the Gener- al Staff Corps shall be to prepare plans for the na- tional defense and for the mobilization of the military forces in time of war; to investigate and report up- On all questions affecting the efficiency of the Army and its state of preparation for military operations; to render professional aid and assistance to the Sec- retary Of War and to general officers and other supe- rior Commanders, and to act as their agents in inform- ing and coordinating the action of all the different Officers who are subject under the terms of this Act to the Supervision of the Chief of Staff ; and to per- form Such other military duties not otherwise as- Signed by law as may be from time to time prescribed by the President. (Feb. 14, 1903, c. 553, § 2, 32 Stat. 831.) §§ 1761, 1762. [Superseded.] These sections, relating to the General Staff Corps, were superseded by § 1762a. § 1762a. The General Staff Corps—The Gener- al Staff Corps shall consist of One Chief of Staff, who shall be a general Officer of the line and who shall take rank and precedence over all other Officers Of the Army; two assistants to the Chief of Staff, who shall be general officers of the line, One of whom shall be the president of the Army War College; ten colonels; twelve. lieutenant Colonels; thirty-two majors; and thirty-four captains, to be dietailed from correspond- ing grades in the Army as in this section hereinafter provided. All officers detailed in the General Staff Corps shall be detailed therein for a period of four years, unless sooner relieved. While Serving in the General Staff Corps, officers may be temporarily as- signed to duty with any branch of the Army. Upon being relieved from duty in the General Staff Corps, officers shall return to the branch of the Army in which they hold permanent commissions, and no Of- ficer shall be eligible to a further detail in the Gen- eral Staff Corps until he shall have served two years with the branch of the Army in which COmmissioned, except in time of actual or threatened hostilities. Section twenty-seven of the Act of Congress approved February second, nineteen hundred and one, shall apply to each position vacated by officers below the grade of general officer detailed in the General Staff Corps. [Not more than one-half of all of the Officers de- tailed in said corps shall at any time be stationed, or assigned to or employed upon any duty, in or near the District of Columbia.] All Officers detailed in said corps shall be exclusively employed in the study Of military problems, the preparation of plans for the national defense and the utilization of the military forces in time Of War, in investigating and reporting upon the efficiency and state of preparedness of such forces for service in peace or war, or on appropriate general staff duties in Connection with troops, includ- ing the National Guard, Or as military attachés in foreign Countries, Or on other duties, not of an admin- istrative nature, on which they can be lawfully and properly employed: Provided, That no officer shall be detailed as a member of the General Staff Corps, oth- er than the Chief of Staff and the general officers here- in provided for as assistants to the Chief of Staff, except upon the recommendation of a board of five Officers not below the rank of colonel, who shall be selected by the President or the Secretary of War, and Ineither the Chief Of Staff nor more than two Other members of the General Staff Corps, nor any officer not a member of said Corps, who shall have been stationed or employed on any duty in or near the Dis- trict Of Columbia within One year prior to the date of Convening of any such board, shall be detailed as a member thereof. No recommendation made by any Such board shall, for more than one year after the making Of Such recommendation or at any time after the convening of another such board, unless again rec- Ommended by the new board, be valid as a basis for # 1762a (Tit. 14 THE ARMY [Page 236] the detail of any officer as a member of the General Staff Corps; and no alteration whatever shall be made in any report or recommendation of any such board, either with or without the consent of members thereof, after the board shall have submitted Such report or recommendation and shall have adjourned sine die: Provided further, That the organizations heretofore existing in or in connection with the office of the Chief of Staff under the designations of the mo- bile army division and the Coast Artillery division be, and they are hereby, abolished and shall, not be re- established. The business heretofore transacted in said divisions, except such as comes clearly Within the general powers specified in and Conferred upon mem- bers of the General Staff Corps by the organic Act of Congress approved February fourteenth, nineteen hundred and three, is hereby transferred as follows, to wit, to the Office of the Chief of Coast Artillery, all business apportioned to that office by law. Or Army regulations at the time of the creation of the Coast Artillery division of the Office of the Chief of Staff ; to the Office Of The Adjutant General Or other bureau or bureaus Concerned, all other business ; and, Subject to the exercise of the supervising, coordinating, and informing powers conferred upon members of the Gen- eral Staff Corps by the Act of Congress last herein- before cited, the business transferred by this proviso to certain bureaus Or Offices shall hereafter be trans- acted exclusively by or under the direction of the respective heads thereof; and the Chief of Coast Artillery shall be an additional member of the General Staff Corps and shall also be advisor to and informant of the Chief of Staff in respect to the business under his charge: Provided further, That hereafter mem- bers of the General Staff Corps shall be confined strictly to the discharge of the duties of the general nature of those specified for them in this section and in the organic Act of Congress last hereinbefore cited, and they shall not be permitted to assume or engage in work of an administrative nature that pertains to established bureaus Or Offices of the War Department, or that, being assumed or engaged in by members of the General Staff Corps, would involve impairment of the responsibility or initiative of such bureaus or Offices, or would cause injurious or unnecessary du- . plication of or delay in the work thereof: Provided further, That all pay and allowances shall be for feited by any superior for any period during which, by his order or his permission, or by reason of his neglect, any subordinate shall violate any of the foregóing provisions of this section: Provided fur- ther, That if any officer detailed in the General Staff Corps, or as an officer of any staff corps or depart- ment of the Army, shall be promoted to the next high- er grade while so serving he may be permitted to serve out the period of his detail, and the number of Officers in the Organization in which he shall be Serv- ing and in the grade to which he shall have been pro- moted Shall be increased by One for Such time as he shall be an additional number in Said Organization and grade; but the whole number of officers detailed to said organization shall at no time exceed the aggre- gate Of the numbers allowed to the several grades thereof by law other than this proviso. (June 3, 1916, c. 134, § 5, 39 Stat. 167; amended, May 12, 1917, c. 12, 40 Stat. 46.) * Text in brackets may be suspended by the President during the existing emergency, by § 1762aa. Act Feb. 2, 1901, c. 192, § 27, is $ 1908. Act Feb. 14, 1903, c. 553, §§ 1, 2, 4, are $$ 1759, 1760, 1763. Further, as to War College, See §§ 1763a, 1763b. - § 1762aa. Same; suspension of operation of portion of preceding section—That the following language of section five of the Act of June third, nine- teen hundred and sixteen, entitled “An Act for mak- ing further and more effectual provision for the na- tional defense, and for other purposes,” to wit: “Not more than one-half of all of the Officers detailed in said corps shall at any time be stationed, or assigned to or employed upon any duty, in Or near the District the service requires them to do so. of Columbia,” be amended SO as to authorize the Pres- ident to Suspend the Operation of the same during the existing emergency. (May 12, 1917, c. 12, 40 Stat. 73.) § 1763. Same; duties of Chief of Staff—The Chief of Staff, under the direction of the President or of the Secretary of War, under the direction of the President, shall have supervision of all troops of the line and of the Adjutant-General’s, Inspector-Gener- al’s, Judge-Advocate's, Quartermaster’s, Subsistence, Medical, Pay, and Ordnance departments, the Corps Of Engineers, and the Signal Corps, and shall perform Such other military duties not otherwise assigned by law as may be assigned to him by the President. Du- ties now prescribed by statute for the Commanding General of the Army as a member of the Board of Ordnance and Fortification and of the Board of Com- missioners of the Soldiers’ Home Shall be performed by the Chief of Staff or other officer designated by the President. Acts and parts of acts authorizing aids- de-camp and military secretaries shall not apply to general officers of the General Staff Corps. (Feb. 14, 1903, c. 553, § 4, 32 Stat. 831.) § 1763a. Army War College; purpose of—For contingent expenses incident to the establishment of the Army War College, having for its object the di- rection and COOrdination of the instruction in the vari- Ous service schools, extension of the opportunities for investigation and study in the Army and Militia of the United States, and the Collection and dissemina- tion of military, information, * *. (May 26, 1900, c. 586, § 1, 31 Stat. 209.) President of War College, see § 1762a. Current appro- priations for War College, see Act May 12, 1917, c. 12, 40 Stat. 40, 58. - § 1763b. Same; supervision—The War College shall remain fully subject to the supervising, COOI'- dinating, and informing powers Conferred by law upon members of the General Staff Corps, and officers for duty as instructors or students in or as attachés Of said college may be selected and detailed freely from among members of said Corps, but any Officer SO Se- lected and detailed Other than One directOr Shall there- upon cease to be a member of said Corps and shall not be eligible for redetail therein so long as he shall re- main on said duty; and no officer on the active list of the Army shall, for more than thirty days in any Calendar year, be attached to or assigned to duty in the War College in any capacity other than that of president, director, instructor, or student, or, unless a member of the General Staff Corps, be attached to or employed in the office of the Chief of Staff. (June 3, 1916, c. 134, § 5, 39 Stat. 168.) (R. S. § 1128. Superseded.) Prescribed organization of Adjutant-General’s Depart- ment. Superseded, with subsequent provisions relating to such organization by Act Feb. 2, 1901, c. 192, § 13, 31 Stat. 751, which was superseded by § 1764. (R. S. § 1129. Superseded.) Provided for filling vacancies in grade of major in Ad- jutant-General’s Department. Superseded, with other pro- visions, by § 1905. - § 1764. The Adjutant General’s Department —The Adjutant General’s Department shall consist of The Adjutant General with the rank of brigadier general; seven adjutants-general with the rank of colonel; thirteen adjutants-general with the rank of lieutenant colonel; and thirty adjutants-general with the rank of major. (June 3, 1916, c. 134, § 6, 39 Stat. 169. - & . º §§ 1765-1770. See, also, Title VI, chapter B, §§ 336– § 1765. Same; former Assistant Adjutants- General; duties—Assistant adjutants-general shall, in addition to their own duties, perform those of a S- sistant inspectors-general, when the convenience of (R. S. § 1130.) § 1766. Same; Military Secretary’s Depart- ment and Office of War Department—The Officers of the Adjutant-General's Department, except the Adjutant-General, and the officers of the Record and Pension Office shall hereafter constitute One depart- Ch. 1) # 1775 THE ARMY [Page 237I ment of the Army, to be known as the Military Secre- tary's Department; and the Adjutant-General’s Of- fice and the Record and Pension Office, heretofore Con- stituting bureaus of the War Department, shall here- after COnstitute a COrłSolidated bureau to be known as the Military Secretary’s Office of the War Depart- ment. The OfficerS SO COnSolidated Shall be borne On One list in the Order of rank held by them, and those Of them who hold permanent appointments as Officers Of the Adjutant-General’s Department or of the Record and Pension Office shall be entitled to promotion be- low the grade of brigadier-general, as now provided by law and in the order of their standing on said list. Except as otherwise provided herein, the laws now in force shall continue to govern the appointment, promotion, and detail of all officers of the consolidat- ed department hereby created: Provided, That the officers of the said consolidated department shall be subject to the supervision of the Chief of Staff in all matters pertaining to the command, discipline, Or administration of the existing military establishment: Provided further, That no appointments or details to the grade of assistant adjutant-general With the rank of major shall be made until the number of Of- ficers of that grade shall be reduced to less than ten, and thereafter the number of Officers of said grade in the consolidated department shall be ten: Provid- ed further, That of the officers consolidated as here- inbefore provided the senior in rank, who shall be chief of the consolidated department and the title of whose office is hereby changed to that of the military secretary, shall hereafter have the rank of major- general, and the second senior of said officers shall hereafter have the rank of brigadier-general: Pro- vided further, That when the office of Military Secre- tary with the rank of major-general shall hereafter become vacant, it shall not be filled with said rank, and thereafter the chief of the Military Secretary’s Department shall have the rank of a brigadier-gener- al with the title of The Military Secretary, and there shall be only one officer above the rank of colonel in the said department. Except as hereinafter provided, the remaining Offices of the Consolidated department shall retain the titles that they now bear: Provided further, That when the office of Adjutant-General shall become vacant the vacancy SO Created. On the active list of the Army shall not be filled, and there- after the several Officers now designated by the title assistant adjutant-general and by the title assistant chief of the Record and Pension Office shall be desig- nated by the title Military Secretary: Provided fur- ther, That the chief of the Military Secretary’s De- partment shall be a member of the Board of Commis- sioners of the United States Soldiers' Home. (April 23, 1904, c. 1485, 33 Stat. 262.) § 1767. Same; Military Secretary’s Depart- ment and Office of War Department; existing officers—Nothing in this Act shall be so construed as to deprive any officer of his commission or to in- crease the total number of officers of the Army, except as herein specially provided. (April 23, 1904, c. 1485, 33 Stat. 276.) See § 1991. e - § 1768. Same; Assistant Chief of Record and Pension Office; vacancies in office; change of titles—Any vacancy that shall occur in the Office of the Assistant Chief of the Record and Pension Of- fice previous to July first, nineteen hundred and five, shall be filled by the appointment of a Captain of the line of the Army, and vacancies thereafter occur- ring shall not be filled, and the Offices now designat- ed by the title Of Assistant Chief of the Record and Pension Office and by the title of Assistant Adjutant- General, shall hereafter be designated by the title of ...tºry Secretary. (March 2, 1905, c. 1307, 33 Stat. 30.) - § 1769. Same; Adjutant-General’s Depart- ment, and Adjutant-General’s Office—Hereafter the Military Secretary’s Department of the Army. shall be known as the Adjutant-General's Department, the Senior in rank of the Officers of said department Shall be designated by the title of The Adjutant-Gen- eral, the other officers of the Department shall be designated by the title of Adjutant-General, and the Military Secretary's Office of the War Department shall be known as the Adjutant-General’s Office, (March 2, 1907, c. 2511, 34 Stat. 115S.) § 1770. Same; promotions to fill vacancy in grade of lieutenant-colonel—When a vacancy of lieutenant-colonel shall occur in the list of either per- manent or detailed officers of that grade in The Mili- tary Secretary’s Department, the officer now holding a permanent appointment with the rank of major in that department may be promoted to Such Vacancy. (March 2, 1907, c. 25.11, 34 Stat. 1161.) (R. S. § 1131. Superseded.) - Prescribed number and rank of inspectors-general and assistant inspectors-general. Superseded by provisions of Act Feb. 2, 1901, c. 192, § 14, 31 Stat. 751, and Act March # #. c. 803, 31 Stat. 899, which were superseded by § 1771. The Inspector General’s Department— The Inspector General’s Department shall consist of One Inspector General with the rank of brigadier 'gen- eral; four inspectors-general with the rank of colonel; eight inspectors-general with the rank of lieutenant colonel; and sixteen inspectors-general with the rank of major. (June 3, 1916, c. 134, § 7, 39 Stat. 169.) § 1772. Same; 'Assistant Inspectors-General— The Secretary Of War may, in addition, detail Officers of the line, not to exceed four, to act as assistant in- spector-general. (June 23, 1874, c. 458, § 1, 18 Stat. 244.) § 1773. [Superseded.] This section, relating to the Inspector General’s Depart- ment, was superseded by § 1771. § 1774. Same; expert accountant—For pay of One expert a CCountant for the Inspector General’s De- partment, to be appointed in Case of Vacancy, by the Secretary of War, two thousand five hundred dollars. (Feb. 24, 1891, c. 284, 26 Stat. 773.) Current appropriation for expert accountant, see Act Fº 1917, c. 12, 40 Stat. 48. Mileage of accountant, see (R. S. § 1198. Superseded.) Provided for organization of Bureau of Military Justice. Superseded, with subsequent provisions, by § 1775. (R. S. § 1200. Superseded.) * Prescribed the number of judge-advocates and their rank. Superseded, with subsequent provisions, by § 1775. § 1775. Judge-Advocate-General’s Department —The Judge-Advocate-General’s Department shall Con- sist of One Judge-Advocate-General with the rank of brigadier-general, two judge-advocates with the rank Of Colonel, three judge-advocates with the rank Of lieu- tenant-Colonel, Six judge-advocates With the rank Of major, and for each geographical department or tacti- cal division of troops not provided with a judge-ad- vocate from the list of officers holding permanent Commissions in the Judge-Advocate-General’s Depart- ment One acting judge-advocate With the rank, pay, and allowances of captain, mounted. * * Vacan- Cies which may occur thereafter in the grade of major in the Judge-Advocate-General's Department shall be filled by the appointment of Officers of the Iine, or of persons who have satisfactorily served as judge-ad- Vocates of volunteers since April twenty-first, eighteen hundred and ninety-eight, or of persons from civil Iife Who at date of appointment are not over thirty- five years of age and who shall pass a satisfactory ex- amination to be prescribed by the Secretary of War. Acting judge-advocates provided for herein shall be detailed from Officers of the grades of Captain Or first lieutenant of the line of the Army who while so Serv- ing shall continue to hold their Commissions in the arlm Of the service to which they permanently belong. |Upon completion of a tour of duty not exceeding four years they shall be returned to the arm in which Commissioned, and shall not be again detailed until ź 1775 THE ARMY (Tit. 14 º, * , - [.Page 238] they shall have Completed two years' duty with the examination, he shall be retired, with the rank to arm of the Service in which commissioned. (Feb. 2, which his seniority entitled him to be promoted; and 1901, c. 192, § 15, 31 Stat. 751.) Superseded largely by § 1775a. See, also, $$ 1999, 1999a. § 1775a. The Judge Advocate General’s De- Ipartment—The Judge Advocate General’s Depart- ment shall Consist of one Judge Advocate General with the rank of brigadier general; four judge advocates With the rank of colonel; seven judge advocates with the rank of lieutenant colonel; and twenty judge ad- vocates with the rank of major: Provided, That act- ing judge advocates may be detailed under the pro- visions of existing law for separate brigades and for Separate general Court-martial jurisdictions, and When not immediately required for service with a geo- graphical department, tactical division, separate brig- ade, . Or Other separate general Court-martial juris- diction, acting judge advocates may be assigned to . Such Other legal duty as the exigencies of the service may require: Provided further, That, of the vacancies Created in the Judge Advocate General’s Department by this Act, One such vacancy, not below the grade of major, shall be filled by the appointment of a person from Civil life, not less than forty-five nor more than fifty years of age, who shall have been for ten years a judge of the Supreme Court of the Philippine Is- lands, shall have served for two years as a Captain in the Regular or Volunteer Army, and shall be pro- ficient in the Spanish language and laws. (June 3, 1916, c. 134, § 8, 39 Stat. 169.) § 1775b. Same; promotion of officers; exam- imations; retirement; discharge—NO Officer Of the Judge Advocate General’s Department below the rank Of colonel shall be promoted therein until he shall have successfully passed a written examination before a board consisting Of not less than two Officers Of the Judge Advocate General's Department, to be designat- ed by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for the best interests of the serv- ice: Provided, That should any officer in the grade of major of the Judge Advocate General’s Department fail in his physical examination and be found incapac- itated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to Which his Seniority entitled him to be promoted ; but if he should be found disqualified for promotion for any other reason, a Second examina- tion shall not be allowed, but the Secretary of War shall appoint a board of review to consist of two of— ficers of the Judge Advocate General’s Department superior in rank to the officer examined, none of whom Shall have served as a member Of the board Which examined him. If the unfavorable finding of the ex- amining board is concurred in by the board of review, the officer reported disqualified for promotion shall be honorably discharged from the service with One year’s pay. If the action. Of the examining board is disap- proved by the board of review, the Officer shall be considered qualified and shall be promoted: Provided further, That any lieutenant colonel of the Judge Ad- vocate General’s Department who, at his first exami- nation for promotion to the grade of colonel, has been found disqualified for such promotion for any reason Other than physical disability incurred in the line Of duty shall be suspended from promotion and his right thereto shall pass Successively to Such Officers next below him in rank as are or may become eligible to promotion under existing law during the period of his suspension ; and any such Officer Suspended from promotion shall be reexamined as SOOn as practicable after the expiration of One year from the date of the Completion of the examination that resulted in his suspension ; and if on such reexamination he is found qualified for promotion, he shall again become eligible thereto; but if he is found disqualified by reason of physical disability incurred in line of duty in either l if he is not found disqualified by reason of such phys- ical disability, but is found disqualified for promo- tion for any other reason in the second examination, he shall be retired without promotion. (June 3, 1916, c. 134, § 8, 39 Stat. 169.) § 1776. [Superseded.] This section, relating to the Judge Advocate General’s Department, was superseded by § 1775a. § 1777. Judge-Advocate-General; duties—The Judge-Advocate-General shall receive, revise, and cause to be recorded the proceedings Of all courtS- martial, Courts of inquiry, and military Commissions, and perform such other duties as have been perform- ed heretofore by the Judge-Advocate-General Of the Army. (R. S. § 1199.) § 1778. Judge-advocates; duties—Judge-advo- cates shall perform their duties under the direction of the Judge-Advocate-General. (R. S. § 1201.) (R. S. §§ 1202, 1203. Superseded.) R. S. § 1202, relating to attendance of Witnesses upon court-martials, was superseded by § 2308a, art. 22. R. S. § 1203, relating to reporters for military Courts, Was superseded by § 2308a, arts. 19, 115. § 1779. Quartermaster Corps; Quartermas- ter's, Subsistence, and Pay Departments consoli- dated—The office establishments of the Quartermas- ter General, the Commissary General, and the Pay- master General of the Army are hereby consolidated and shall hereafter constitute a single bureau of the War Department, which shall be known as the Quar- termaster Corps, and of which the Chief of the Qual- termaster Corps created by this Act shall be the head. The Quartermaster's, Subsistence, and Pay De- partments of the Army are hereby consolidated into and shall hereafter be known as the Quartermaster Corps of the Army. The officers of said departments shall hereafter be known as officers of Said Corps and by the titles of the rank held by them therein, and, except as hereinafter specifically provided to the Con- trary, the provisions of sections twenty-six and tWen- ty-seven of the Act of Congress approved February second, nineteen hundred and one, entitled “An Act to increase the efficiency of the permanent military eS- tablishment of the United States,” are hereby extend- ed so as to apply to the Quartermaster Corps in the manner and to the extent to which they nOW apply to the Quartermaster's Subsistence, and Pay Depart- ments, and the provision of said Sections Of Said Act relative to chiefs of staff corps and departments shall, So far as they are applicable, apply to all Offices and Officers of the Quartermaster Corps With rank above that of colonel. The Officers now holding Commissions as officers of the said departments shall hereafter have the same tenure of Gommission in the Quarter- master Corps, and as officers of Said Corps Shall have rank of the same grades and dates as that now held by them, and, for the purpose of filling vacancies among them, shall constitute one list, on which they shall be arranged according to rank. So long as any officers shall remain on said list any vacancy occurring therein shall be filled, if possible, from among such officers, by selection if the vacancy occurs in a grade above that of colonel, and, if the vacancy occurs in a grade not above that of Colonel, by the promotion of an officer who would have been enti- tled to promotion to that particular vacancy if the consolidation of departments hereby prescribed had never occurred : Provided, That on and after the first day of January, nineteen hundred and Seventeen, any Vacancies occurring among officers of the Quartermas- ter Corps With rank above that Of Colonel may, in the discretion of the President, be filled by Selection from among officers who shall have served by detail in said corps for not less than four years: Provided further, That not to exceed six officers holding com- missions with the rank of captain in the Quarter- Ch. 1) & 1780 THE ARMY [Page 2391 master Corps and who have lost in relative rank through irregularities of promotion and the opera- tion Of Separate promotion within the three depart- ments hereby consolidated, may, in the discretion of the President and subject to examination for promo- tion as prescribed by law, be advanced to the grade of major in the Quartermaster Corps, and any officer who Shall be advanced to said grade under the terms of this proviso shall be temporarily an additional offi- cer of Said grade but only until a vacancy shall oc- Cur for him on the list of officers of said grade as hereafter limited; and no officer shall be detailed to fill any Vacancy on the list of majors of the Quarter- master Corps until after all additional officers author- ized by the proviso shall have been absorbed. The noncommissioned officers now known as post quarter- master Sergeants and post commissary sergeants shall hereafter be known as quartermaster sergeants; the Army paymaster's clerks shall be known as pay Clerks, and each of said noncommissioned officers and pay clerks shall continue to have the pay, allowances, rights, and privileges now allowed him by law: Pro- Vided further, That no details to fill vacancies in the grade of Colonel in the Quartermaster Corps shall be made until the number of officers of that grade Shall have been reduced by three, and thereafter the number Of Officers in that grade shall not exceed tWelve; and no details to fill vacancies in the grade Of lieutenant-Colonel in the Quartermaster Corps shall be made until the number of officers of that grade shall have been reduced by three, and thereafter the num- ber of officers of that grade shall not exceed eighteen; and no details to fill vacancies in the grade of major in the Quartermaster Corps shall be made until the number of Officers of that grade shall have been re- duced by nine, and thereafter the number of officers in Said grade shall not exceed forty-eight; and no details to fill Vacancies in the grade of captain in the Quartermaster Corps shall be made until after the number of officers of that grade shall be reduced by tWenty-nine, and thereafter the number of officers of Said grade shall not exceed one hundred and two; and Whenever the separation of a line officer of any grade and arm from the Quartermaster Corps shall create therein a vacancy that, under the terms of this pro- Viso, can not be filled by detail such separation shall Operate to make a permanent reduction of one in the total number of Officers of said grade and arm in the line of the Army as soon as such reduction can be Imade Without depriving any officer of his commission: Provided further, That whenever the Secretary of War Shall decide that it is necessary and practicable, regimental, battalion, and squadron quartermasters and Commissaries shall be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform, and regimental and battalion quartermaster and commissary Ser- geants shall be required to perform any duties that Inoncommissioned Officers or pay clerks of the Quar- termaster Corps may properly be required to perform, but such regimental, battalion and squadron quarter- masters and commissaries shall not be required to receipt for any money or property which does not pertain to their respective regiments, battalions, or Squadrons, and they shall not be separated from the organization to which they belong : Provided further, That such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by Such Officer or Officers of the Quartermaster Corps as the Secretary of War may designate for the purpose: Provided further, That there shall be a Chief of the Quartermaster Corps, who shall have the rank of major general while so serving, and Who shall be appointed by the President, by and With the advice and Consent of the Senate, from among the Officers of said corps and in accordance with, the requirements of section twenty- six of the Act of Congress approved February second, nineteen hundred and one, hereinbefore cited : Provid- ed further, That when the first vacancy in the grade of brigadier general in the Quartermaster Corps, ex- Cept a Vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that va- Cancy Shall not be filled, but the office in which the Vacancy Occurs shall immediately cease and deter- mine: Provided further, That the Quartermaster Corps shall be subject to the supervision of the Chief of Staff to the extent the departments hereby consoli- dated into said Corps have heretofore been subject to • Such SuperVision under the terms of the existing law: And provided further, That for the purpose of carry- ing into effect the provisions of this section the Presi- dent is hereby authorized to appoint, by, and with the advice and consent of the Senate, the Chief of the Quartermaster Corps herein provided for immediately upon the passage of this Act, and it shall be the duty Of the Said Chief, under the direction of the Presi- dent and the Secretary of War, to put into effect the provisions of this section not less than sixty days aft- er the passage of this Act. (Aug. 24, 1912, c. 391, § 3, 37 Stat. 591.) Other provisions relating to Quartermaster Corps, see #ºa-isºs. Act Feb. 2, 1901, c. 192, §§ 26, 27, are $$ 1905, § 1779a. Same; Quartermaster General of the Army–Hereafter the title of the Chief of the Quar- termaster Corps shall be Quartermaster General of the Army. (April 27, 1914, c. 72, 38 Stat. 356.) § 1780. Salme; enlisted force—As soon as prac- ticable after the creation of a Quartermaster Corps in the Army not to exceed four thousand civilian em- ployees of that corps, receiving a monthly compen- sation. Of not less than thirty dollars nor more than One hundred and seventy-five dollars each, not in- cluding civil engineers, superintendents of construe- tion, inspectors of clothing, clothing examiners, in- Spectors Of Supplies, inspectors of animals, chemists, Veterinarians, freight and passenger rate clerks, Civil Service employees, and employees of the classified Service, employees of the Army transport service and harbor-boat Service, and such other employees as may be required for technical work, shall be replaced permanently by not to exceed an equal number of en- listed men of said corps, and all enlisted men of the line of the Army detailed on extra duty in the Quar- termaster Corps or as bakers or assistant bakers shall be replaced permanently by not to exceed two thou- Sand enlisted men of said corps; and for the purposes of this Act the enlistment in the military service of not to exceed six thousand men, who shall be attached permanently to the Quartermaster Corps and who shall not be Counted as a part of the enlisted force provided by law, is hereby authorized : [Provided, That the enlisted force of the Quartermaster Corps Shall COnsist Of not to exceed fifteen master electri- Cians, Six hundred Sergeants (first class), one thousand and five sergeants, six hundred and fifty corporals, two thousand five hundred privates (first class), one thousand One hundred and ninety privates, and forty- five COOks, all of whom shall receive the same pay and allowances as enlisted men of Corresponding grades in the Signal Corps of the Army, and shall be assign- ed to such duties pertaining to the Quartermaster Corps as the Secretary of War may prescribe:] Pro- vided further, That the Secretary of War may fix the limits of age within which civilian employees who are actually employed by the Government when this Act takes effect and who are to be replaced by en- listed men under the terms of this Act may enlist in the Quartermaster Corps: Provided further, That nothing in this section shall be held or construed SO as to prevent the employment of the Class of Civilian employees excepted from the provisions of this Act or the continued employment of civilians included in the Act until Such latter employees had been replaced & 1780 THE ARMY (Tit. 14 - IPage 240I by enlisted men of the Quartermaster Corps. (Aug. officers of said corps. (June 3, 1916, c. 134, § 9, 39 24, 1912, c. 391, § 4, 37 Stat. 593.) - Text in brackets superseded by § 1788b. Current appro- priation for salaries of civilian employés, see Act May 12, 1917, c. 12, 40 Stat. 56. - § 1780a. Same; civilian employés—That the number of and total sum paid for civilian employés in the Quartermaster Corps shall be limited to the actual requirements of the service, and that no em- ployé therein shall receive a salary of more than $150 per month, except, upon the approval of the Sec- retary of War. (May 12, 1917, c. 12, 40 Stat. 56.) § 1781. Same; existing officers not affected- Nothing in this Act shall be held or construed SO as to separate any officer from the Army or to diminish the rank now held by him. (Aug. 24, 1912, C. 391, § 8, 37 Stat. 594.) - § 1782. Same; performance of duties by cer- tain Army officers—Regimental, battalion, and squadron quartermasters and commissaries shall here- after be required to perform the duties of officers of . the Quartermaster Corps, including the receipting for any money or property pertaining to said Corps, When no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army ap- propriation Act approved August twenty-fourth, nine- teen hundred and twelve, shall hereafter be held Ol' construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps and no regimental, bat- talion, or squadron quartermasters or Commissaries present for such duty. 706.) - § 1783. Same; pay clerks—Hereafter no further appointments of pay clerks shall be made. (March 2, 1913, c. 93, 37 Stat. 708.) - § 1784. The Quartermaster Corps—The Quar- termaster Corps shall consist of one Quartermaster General with the rank of major general; ants to the Quartermaster General with the rank of brigadier general ; twenty-One Colonels; twenty-four lieutenant colonels; sixty-eight majors; one hundred and eighty captains; and the pay clerks now in active service, who shall hereafter have the rank, pay, and allowances of a second lieutenant, and the Presi- dent is hereby authorized to appoint and commission them, by and with the advice and Consent of the Sen- ate, Second lieutenants in the Quartermaster Corps, TInited States Army. The total enlisted strength of the Quartermaster Corps and the number in each | grade shall be limited and fixed from time to time by the President in accordance with the needs of the Army, and shall consist of quartermaster sergeants, senior grade; quartermaster sergeants; first class; sergeants; corporals; cooks; first class; and privates. grades shall not exceed the following percentages of the total authorized enlisted strength of the Quarter- master Corps, namely: Quartermaster sergeants, sen- ior grade, five-tenths of one per centum ; quartermas- ter Sergeants, six per centum ; sergeants, first class, two and five-tenths per centum; sergeants, twenty- five per centum ; corporals, ten per centum; privates, first class, forty-five per centum ; privates, nine per centum ; cooks, two per centum : Provided, That the master electricians now authorized by law for the privates, Quartermaster Corps shall hereafter be known as Quartermaster Sergeants, senior grade, and shall be included in the number of quartermaster sergeants, Senior grade, herein authorized: And provided fur- ther, That all work pertaining to construction and re- pair that has heretofore been done by or under the direction of officers of the Quartermaster Corps shall, except as otherwise now provided by laws or regula- tions, hereafter be done by or under the direction of (March 2, 1913, c. 93, 37 Stat. tWO assist- ner now provided for by law. Sergeants, The number in the various Stat. 170.) - - - . Other provisions relating to the Corps, see §§ 1779–1783, #1sº. Manner of filling vacancies in the Corps, see § 05. § 1784a. Same; disbursements by officers as agents of officers of Corps—Hereafter, under such regulations as may be prescribed by the Secretary Of War, Officers of the Quartermaster Corps accounta- ble for public moneys may intrust such moneys to other officers for the purpose of having them make disbursements as their agents, and the Officers to whom, the moneys are intrusted, as well as the offi- cers who intrust it to them, shall be held pecuniarily responsible therefor to the United States. (May 12, 1917, c. 12, 40 Stat. 50.) - § 1785. Same; veterinarians—Such number of veterinarians as the Secretary of War may authorize shall be employed to attend animals pertaining to the quartermaster's or other departments not directly connected with, the cavalry and artillery regiments, at a compensation not exceeding one hundred dollars per month. (Feb. 2, 1901, c. 192, § 20, 31 Stat. 753.) Other provisions as to veterinarians in Corps, see § 1724a. - [Superseded.] - . § 1786. - This section, increasing the personnel of the Corps, was superseded by § 1784. - § 1787. Former Quartermaster’s Department; post quartermaster-sergeants—The Secretary of War is authorized to appoint, on the recommendation of the Quartermaster-General, as many post quarter- master sergeants, not to exceed eighty, as he may deem necessary for the interests of the service, said sergeants to be selected by examination from the most Competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Said post quartermaster sergeants shall, so far as practicable, perform the duties of storekeepers and clerks in lieu of citizen employees. The post quartermaster sergeants shall be subject to the rules and articles of War and shall receive for their services the same pay and allowances as Ordnance Sergeants. (July 5, 1884, c. 217, 23 Stat. 109.) . - - § 1788. Same—That the number of post quarter- master-sergeants of the Army be increased by the addition of twenty-five post quartermaster-sergeants, to be appointed by the Secretary of War in the man- - (July 8, 1898, c. 642, 30 Stat. 728.) See § 1788a. * - § 1788a. Quartermaster Corps; quartermas- ter sergeants—Piereafter the Secretary of War is authorized to appoint such number of quartermaster Sergeants, Quartermaster Corps, not to exceed the number provided for by law, as he may deem neces- Sary for the interest of the service, said quartermas- ter Sergeants to be selected from the most compe- tent noncommissioned officers of the Army, who shall have served therein at least five years, three years of such service having been rendered as noncommis- Sioned Officers, and Whose character and education shall fit them to take charge of public property and to act as clerks and assistants to the proper officers of the Army in charge of public property. (March 4, 1915, c. 143, § 1, 38 Stat. 1066.) § 1788b. Same; enlisted force—The enlisted force Of the Quartermaster Corps shall consist Of not to exceed fifteen master electricians, three hundred and eighty sergeants (first class), one thousand two hundred and forty Sergeants, six hundred Corporals, two thousand nine hundred and twenty privates (first class), seven hundred and fifty privates, and ninety-five COOks, all of whom shall receive the same pay and allowances as enlisted men of corresponding grades in the Signal Corps of the Army, and shall be assigned to Such duties pertaining to the Quar- Ch. 1) 3 1802 THE ARMY termaster Corps as the Secretary of War may pre- Scribe. (March 4, 1915, c. 143, § 1, 38 Stat. 1066.) § 1788c. Same; field clerks—Hereafter not to exceed tWO hundred clerks, Quartermaster Corps, who Shall have had twelve years of service, at least three years of which shall have been on detached duty away from permanent station, or on duty beyond the con- tinental limits of the United States, or both, shall be known as field clerks, Quartermaster Corps, and shall receive the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermas- ter Corps, and shall be subject to the rules and ar- ticles of war. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 625.) This Section was accompanied by the following provi- SIOIl : “That said clerks, messengers, and laborers shall be em- ployed and assigned by the Secretary of War to the offi- ; and positions in which they are to serve.” 39 Stat. (R. S. § 1137, as amended, Act Feb. 27, 1877, c. 69, § 1. Superseded.) This section authorized employment of forage-masters and wagon-masters. Amended by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 242, by inserting provision prescribing pay and allowances of such forage-masters and wagon-masters. Superseded, with subsequent acts relating to civilian em- ployés in the department, by § 1780. § 1789. Former Quartermaster’s Department; duties—It shall be the duty of the Officers of the Quartermaster's Department, under the direction of the Secretary Of War, to purchase and distribute to the Army all military stores and supplies, requisite for its use, which other corps are not directed by law to provide; to furnish means of transportation for the Army, its military stores and Supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay. (R. S. § 1133.) § 1790. Same; Assistant Quartermasters—AS- sistant quartermasters shall do duty as assistant commissaries Of Subsistence when SO Ordered by the Secretary of War. (R. S. § 1134.) See § 1784. § 1791. Same; supplies to naval and marine detachments—The officers of the Quartermaster’s Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen. Or marines under orders to act on shore, in co-operation with land troops, and during the time such detaghment is so acting or proceeding to act, furnish the Officers and Seamen with Camp equippage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. (R. S. § 1135.) § 1792. Same; transportation for National Museum or departments—Hereafter the Quarter- master-General and his officers, under his instruſc- tions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington Or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain. (July 5, 1884, c. 217, 23 Stat. 111.) (R. S. § 1140. Superseded.) - Prescribed organization of Subsistence Department au- thorized. Superseded, with subsequent provisions relating to organization of department, by § 1793. § 1793. Former Subsistence Department; eomposition—The Subsistence Department shall Con- Sist Of One Commissary-General With the rank of brig- adier-general, three assistant COmmissaries-general with the rank of Colonel, four deputy Commissaries- general with the rank of lieutenant-Colonel, nine Com- missaries with the rank of major, twenty-seven COm- missaries with the rank of Captain, mounted, and the COMP.S.T.’18—16 [Page 241] number of commissary-sergeants now authorized by law, Who shall hereafter be known as post commis- Sary-Sergeants. (Feb. 2, 1901, c. 192, § 17, 31 Stat. § 1794. Same; commissary-sergeants—The Secretary of War is authorized to select from the Sergeants Of the line of the Army who shall have faithfully served therein five years, three years of Which in the grade of non-commissioned officers, as many COmmissary-Sergeants as the service may re- Quire, not to exceed one for each military post or place Of deposit of subsistence supplies, whose duty it Shall be to receive and preserve the subsistence Supplies at the posts, under the direction of the proper Officers Of the Subsistence Department, and under Such regulations as shall be prescribed by the Secretary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles Of War, and shall receive for their services the same pay no movince as Ordnance-Sergeants. (R. S. Š 1142. § 1795. Same; duties—It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such supplies as enter into the composition of the ration. (R. S. § 1141.) § 1796. Same; rations to naval detachments —The Officers of the Subsistence Department shall, upon the requisition of the naval or marine officer Commanding any detachment of seamen or marines under Orders to act on shore, in co-operation with the land troops, and during the time such detachment is SO acting or proceeding to act, furnish rations to the Officers, seamen, and marines of the same. (R. S. § 1143.) - (R. S. § 1182. Superseded.) Prescribed organization of Pay Department. with Subsequent provisions, by § 1797. - § 1797. Former Pay Department; composi- tion—The Pay Department shall consist of one Pay- master-General with the rank of brigadier-general, three assistant paymasters-general with the rank of Colonel, four deputy paymasters-general with the rank Of lieutenant-Colonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain, mounted. (Feb. 2, 1901, c. 192, § Superseded, 21, 31 Stat. 754.) Consolidated with Quartermaster Corps, by § 1779. § 1798. Sazme; paymasters’ clerks—Paymasters and additional paymasters shall be allowed a capable non-COmmissioned Officer Or private as Clerk. When suitable non-commissioned officers or privates cannot be procured from the line Of the Army, they are authorized, by and with the approbation of the Sec- retary Of War, to employ citizens as Clerks, at a Sal- ary of twelve hundred dollars a year. (R. S. § 1190.) § 1799. Sayme; paymasters’ clerks; pay—Here- after the pay and allowances of Army paymasters’ clerks shall be the same as provided by law for Navy paymasters’ clerks on shore duty, and they shall also be entitled to the same right of retirement With the same retired pay as is now allowed Navy paymas- ters' clerks. (March 3, 1911, c. 209, 36 Stat. 1044.) Pay, allowances, and retirement of Navy paymasters’ clerks, see § 2537. Mileage of paymasters’ clerks, see § 2132; retirement of paymasters’ clerks, see § 2051. - § 1800. Same; paymasters' clerks; subject to articles of war—Army paymasters' clerks shall be subject to the rules and articles of war. (March 3, 1911, c. 209, 36 Stat. 1044.) § 1801. Former Paymaster-General; duties— The Paymaster-General shall perform the duties of his Office under the direction of the President. (R. S. § 1186.) - See § 1779. § 1892. Same; accounts of paymasters—Here- after all the accounts of individual paymasters shall be analyzed under the several heads of the appropria- tion and recorded in detail by the Paymaster-General 3 1803 (Tit. 14 TEIE ARMY [Page 242.] of the Army before said accounts are forwarded to the Treasury Department for final audit, and the Sec- retary of War may hereafter authorize the assign- ment to duty in the office of the Paymaster-General, not to exceed five paymasters’ clerks, now author- ized by law. (March 2, 1905, c. 1307, 33 Stat. 832.) § 1803. Former deputy paymasters-general; duties—The deputy paymasters-general shall, in ad- dition to paying troops, superintend the payment of armies in the field. (R. S. § 1187.) See § 1779. § 1804. Former paymasters; duties—The pay- masters and additional paymasters shall pay the reg- ular troops, and shall pay all other troops in the Service of the United States, when required to do so by order of the President. (R. S. § 1188.) § 1805. Same; right of command of officers of Pay IDepartment—Officers of the Pay Depart- Iment Shall not be entitled in virtue Of their rank, to Command in the line or in other staff corps. (R. S. § 1183.) - § 1806. Medical Department—The Medical De- partment shall consist of one Surgeon General, with the rank of major general during the active service of the present incumbent of that office, and thereafter With the rank of brigadier general, who shall be chief of said department, a Medical Corps, a Medi- cal Reserve Corps within the limit of time fixed by this Act, a Dental Corps, a Veterinary Corps, an enlisted force, the Nurse Corps and COntract Surgeons as now authorized by law, the commissioned officers Of which shall be citizens of the United States. (June 3, 1916, c. 134, § 10, 39 Stat. 171.) Medical Corps and Medical Reserve Corps, see §§ 1807– 1818, 1835–1839a ; Dental Corps, see §§ 1833–1834; enlisted force, see § 1829a.; Nurse Corps, see §§ 1831-1832a : con- tract surgeons, see §§ 1812, 1813. Prescribed organization of Medical Department. Super- seded by Act June 23, 1874, c. 458, §§ 4, 7, 8, 18 Stat. 244, 245, and subsequent enactments, especially $$ 1806–1810. § 1807. Medical Corps; composition of—The Medical Corps shall consist of one Surgeon-General, with rank of brigadier-general, who shall be chief of the Medical Department; fourteen colonels, tWenty- four lieutenant-colonels, one hundred and five majors, and three hundred captains or first lieutenants, Who shall have rank, pay, and allowances of Officers of corresponding grades in the cavalry arm of the Serv- ice. Immediately following the approval Of this Act all officers of the Medical Department then in active service, other than the Surgeon-General, shall be re- commissioned in the corresponding grades in the Med- ical Corps established by this Act in the order of their Seniority and without loss of relative rank in the Army, as follows: Assistant surgeons-general, with the rank Of colonel, as Colonels; deputy SurgeonS- general, with rank of lieutenant-colonel, as lieuten- ant-Colonels; surgeons, with the rank Of major, as majors; assistant surgeons, who at the time of the approval of this Act shall have served three years or more, as captains; and assistant surgeons, with the rank Of first lieutenant, who at the time Of the approval of this Act shall have served less than three years as such, as first lieutenants ; and here- after first lieutenants shall be promoted to the grade of captain after three years’ service in the Medical Corps. (April 23, 1908, c. 150, § 2, 35 Stat. 66.) See § 1807a. - § 1807 a. Same-The Medical Corps shall con- sist of Commissioned Officers below the grade of brig- adier general, proportionally distributed among the several grades as in the Medical Corps now estab- lished by law. The total number of such officers shall approximately be equal to, but not exceed, ex- cept as hereinafter provided, seven for every one thousand Of the total enlisted Strength of the Reg- ular Army authorized from time to time by law: Provided, That if by reason of a reduction by law in the authorized enlisted strength of the Army afore- | said the total number of officers in the Medical Corps COmmissioned previously to such reduction shall for the time being exceed the equivalent of seven to One thousand of such reduced enlisted strength no Original appointment to commissioned rank in said COrps Shall be made until the total number of COm- missioned officers thereof shall have been reduced be- low the equivalent of seven to the thousand of the Said reduced enlisted strength, nor thereafter so as to make the total number of Commissioned Officers thereof in excess of the equivalent of seven to the thousand of Said reduced enlisted strength ; and no promotion shall be made above the grade of captain in said Corps until the number of officers in the grade above that of Captain to which the promotion , is due shall have been reduced below the proportional number authorized for Such grade On the basis of the reduced enlisted strength, nor thereafter so as to make the number of officers in such grade in excess Of the proportional number authorized on the basis of said reduced enlisted strength: Provided further, That when in time of war the Regular Army shall have been increased by virtue of the provisions of this Or any other Act, the medical officers appointed to meet Such increase shall be honorably discharged from the Service of the United States when the re- duction of the enlisted strength of the Army shall take place: Provided further, That persons hereafter Commissioned in the Medical Corps shall be citizens of the United States between the ages of twenty-two and thirty years and shall be promoted to the grade of captain upon the completion of five years' service in the Medical Corps and upon passing the examina- tions prescribed by the President for promotion to the grade of captain in the Medical Corps. (June 3, . 1916, c. 134, § 10, 39 Stat. 171.) . § 1807 b. Same; age limit of first lieutenants —So much of the Act of June third, nineteen hundred and sixteen, as relates to the age limit for eligibility to appointment of first lieutenants in the Medical De- partment of the Army, be, and the same is hereby, repealed: Provided further, That after January first, nineteen hundred and eighteen, the maximum age limit for eligibility to appointment of first lieutenants in the Medical Department of the Army shall be thirty-two years. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 640.) º (R. S. § 1170. Superseded.) ge Related to promotions in Medical Department. seded by §§ 1807, 1807a. (R. S. § 1171. Superseded.) . Provided for assignment of chief and assistant medical purveyors to duty as surgeons. Superseded by § 1836. (R. S. § 1172. Superseded.) : Related to examination and appointment of Surgeons and assistant surgeons. Superseded by §§ 1807a, 1808, 1809. * (R. S. § 1173. Superseded.) Prescribed dutiès of chief medical purveyor. seded by § 1836. - - - § 1808. Same; promotions and appointments to fill vacancies—Promotions in the Medical Corps to fill vacancies in the several grades created Or caused by this Act, or hereafter occurring, shall be made according to seniority, but all such promotions and all appointments to the grade of first lieutenant in said corps shall be subject to examination as here- inafter provided: Provided, That the increase in grades of colonel, lieutenant-colonel, and major pro- vided for in this Act shall be filled by promotion each calendar year of not exceeding two lieutenant- colonels to be colonels, three majors to be lieutenant- colonels, fourteen captains to be majors, and of the increase in the grade of first lieutenant not more than twenty-five per centum of the total of such increase shall be appointed in any one calendar year: Pro- vided further, That those assistant Surgeons Who at. the time of the approval of this Act shall have at- tained their captaincy by reason of service in the volunteer forces under the provisions Of the Act of Super- Super- February second, nineteen hundred and one, sec- Ch. 1) 3 1817 THE ARMY IPage 243 I - tion eighteen, or who will receive their captaincy upon the approval of this Act by virtue of such service, shall take rank among the Officers in Or Subsequent- ly promoted to that grade, according to date of en- trance into the Medical Department of the Army as commissioned officers. (April 23, 1908, c. 150, § 3, 35 Stat. 67.) § 1808a. Same; promotion of first lieuten- ants—During the existing emergency first lieuten- ants in the Medical Corps of the Regular Army and of the National Guard shall be eligible to promotion as captain upon Such examination as may be preScribed by the Secretary of War. (Oct. 6, 1917, c. 101, 40 Stat. 397.) § 1809. Same; examination for appointment —No person shall receive an appointment as first lieutenant in the Medical Corps unless he shall have been examined and approved by an army medical board consisting of not less than three officers of the Medical Corps designated by the Secretary of War. (April 23, 1908, c. 150, § 4, 35 Stat. 67.) § 1810. Same; examination for promotion; retirement—No officer of the Medical Corps below the rank of lieutenant-colonel shall be promoted therein until he shall have successfully passed an examination before an army medical board consisting Of not less than three officers of the Medical Corps, to be desig- nated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for the best interests of the serv- ice: Provided, That should any officer of the Medical Corps fail in his physical examination and be found incapacitated for service by reason of physical disa- bility contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should be found disqualified for promotion for any other reason, a second examina- tion shall not be allowed, but the Secretary of War shall appoint a board of review to consist of three officers of the Medical Corps superior in rank to the officer examined, none of whom shall have served as a member of the board which examined him. If the unfavorable finding of the examining board is concur- red in by the board of review, the Officer reported dis- qualified for promotion shall, if a first lieutenant or captain, be honorably discharged from the service with One year’s pay; and, if a major, shall be debarred from promotion and the Officer next in rank found qualified shall be promoted to the vacancy. If the action of the examining board is disapproved by the board of review, the Officer shall be considered quali- fied and shall be promoted. (April 23, 1908, c. 150, § 5, 35 Stat. 67.) - . § 1811. Same; examination for promotion; suspension from promotion of disqualified major —Any major of the Medical Corps On the active list Of the army who at his first examination for promotion to the grade of lieutenant-Colonel in Said Corps, has been Or shall hereafter be found disqualified for Such promotion for any reason other than physical disabil- ity incurred in the line of duty shall be suspended from promotion and his right thereto shall pass suc- Cessively to such Officers next below him in rank in Said Corps as are or may become eligible to promotion under existing law during the period of his suspen- Sion ; and any officer suspended from promotion, as hereinbefore provided, shall be reexamined as soon as practicable after the expiration of One year from the date of the Completion of the examination that re- Sulted in his suspension ; and if on such reexamina- tion he is found qualified for promotion, he shall again become eligible thereto ; but if he is found disqualified by reason of physical disability incurred in line of duty, he shall be retired, with the rank to which his Seniority entitles him to be promoted; and if he is not found disqualified by reason of such physical dis- ability, but is found disqualified for promotion for any Other reason, he shall be retired without promotion. (March 3, 1909, c. 252, 35 Stat. 737.) § 1812. Same; contract surgeons; appoint- ment—In emergencies the Surgeon-General of the Ar- my, with the approval of the Secretary of War, may appoint as many contract surgeons as may be neces- Sary, at a COmpensation not to exceed one hundred and fifty dollars per month. (Feb. 2, 1901, c. 192, § 18, 31 Stat. 752.) § 1813. Same; contract surgeon in charge of hospital—When a contract surgeon is in charge of a hospital he shall have the same authority as a commis. Sioned medical officer. (April 23, 1904, c. 1485, 33 Stat. 266.) - § 1814. Medical Department; officers not af- Feeted—Nothing in this Act shall be construed to leg- islate Out of the service any officer now in the Medical Department of the Army, nor to affect the relative rank or promotion of any medical officer now in the Service, or who may hereafter be appointed therein, as determined by the date of his appointment or commis- Sion, except as herein otherwise provided in section three. (April 23, 1908, c. 150, § 6, 35 Stat. 68.) § 1815. Same; rank and precedence of offi- cers—Officers of the Medical Department shall take rank and precedence in accordance with date of Com- mission or appointment, and shall be so borne on the Official Army Register. (July 5, 1884, c. 217, 23 Stat. 111.) - § 1815a. Medical Corps; relative rank—Rela- tive rank among captains in the Medical Corps, who have Or shall have attained that rank by Operation of law after a period of service fixed thereby, shall be determined by counting all the service rendered by them as Officers in Said Corps and as assistant Sur- geons in the Regular Army, Subject, however, to loss of files by reason of sentence Of Court-martial or by reason Of failure to pass examination for promo- tion. (June 3, 1916, c. 134, § 10, 39 Stat. 171.) § 1816. Medical Reserve Corps; officers; con- tract surgeons—For the purpose of securing a re- serve corps of medical officers available for military Service, the President of the United States is authoriz- ed to issue commissions as first lieutenants therein to such graduates of reputable schools of medicine, citi- zens of the United States, as shall from time to time, upon examination to be prescribed by the Secretary of War, be found physically, mentally, and morally quali- fied to hold Such COmmissions, the persons so commis- Sioned to COnstitute and be known as the Medical Re- serve Corps. The commissions so given shall confer upon the holders all the authority, rights, and privileg- es of Commissioned officers of the like grade in the Medical Corps of the United States Army, except pro- motions, but only when called into active duty, as hereinafter provided, and during the period of such active duty. Officers of the Medical Reserve, Corps Shall have rank in said corps according to date of their commissions therein, and when employed on ac- tive duty, as hereinafter provided, shall rank next be- low all other officers of like grade in the United States Army: Provided, That contract surgeons now in the military Service who receive the favorable recommen- dation of the Surgeon-General of the Army shall be eligible for appointment in said reserve corps without further examination: Provided further, That any Contract surgeon not Over twenty-seven years of age at date Of his appointment as contract surgeon shall be eligible to appointment in the regular corps. (April 23, 1908, c. 150, § 7, 35 Stat. 68.) See §§ 1881a–18810, 32.15a. § 1817. Saxme; officers on active duty; dis- charge—In emergencies the Secretary of War may Order Officers of the Medical Reserve Corps to active duty in the service of the United States in Such num- bers as the public interests may require, and may re- lieve them from such duty when their services are no lönger necessary: Provided, That nothing in this Act shall be construed as authorizing an officer of the 3 1818 THE ARMY (Tit. 14 [Page 244] - Medical Reserve Corps to be ordered upon active duty as herein provided who is unwilling to accept such Service, nor to prohibit an officer of the Medical Re- Serve Corps not designated for active duty from serv- ice with the militia, or with the volunteer troops of the United States, or in the service of the United States in any other capacity, but when so serving with the militia or with volunteer troops, or when employ- ed in the service of the United States in any other Capacity, an officer of the Medical Reserve Corps shall not be subject to call for duty under the terms of this Section: And provided further, That the President is authorized to honorably discharge from the Medical Reserve Corps any officer thereof whose services are no longer required: And provided further, That offi- cers of the Medical Reserve Corps who apply for ap- pointment in the Medical Corps of the Army may, up- On the recommendation of the Surgeon-General, be placed on active duty by the Secretary of War and or- dered to the Army Medical School for instruction and further examination to determine their fitness for Commission in the Medical Corps: And provided fur- ther, That any officer of the Medical Reserve Corps who is Subject to Call and who shall be Ordered upon active duty as herein provided and who shall be un- willing and refuse to accept such service shall for- feit his commission. (April 23, 1908, c. 150, § 8, 35 Stat. 68.) - § 1818. Same; officers subject to army regula- tions; pay and allowances—Officers of the Medical Reserve Corps when called upon active duty in the service of the United States, as provided in section eight of this Act, shall be subject to the laws, regu- lations, and orders for the government of the Regu- lar Army, and during, the period of such service shall be entitled to the pay and allowances of first lieuten- ants of the Medical Corps with increase for length Of service now allowed by law, said increase to be com- puted only for time of active duty: Provided, That no officer of the Medical Reserve Corps shall be entitled to retirement or retirement pay, nor shall he be enti- tled to pension except for physical disability incurred in the line of duty while in active duty: And pro- vided further, That nothing in this Act shall be con- strued to prevent the appointment in time of war of medical Officers Of Volunteers in Such numbers and with such rank and pay as may be provided by law. (April 23, 1908, c. 150, § 9, 35 Stat. 68.) (R. S. §§ 1179–1181. Superseded.) Provided for hospital stewards. Superseded by subse- quent enactments and § 1829a. §§ 1819–1829. [Superseded.] These sections, relating to the enlisted force of the Med- ical Department, were superseded by § 1829a. § 1829a. Enlisted force of Medicai HDepartment —The enlisted force of the Medical Department Shall consist of the following personnel, who shall not be included in the effective strength of the Army nor counted as a part of the enlisted force provided by law: Master hospital sergeants, hospital Sergeants, sergeants (first-class), sergeants, corporals, Cooks, horseshoers, saddlers, farriers, mechanics, privates (first-class), and privates: Provided, That master hos- pital sergeants shall be appointed by the Secretary of War, but no person shall be appointed master hospital sergeant until he shall have passed a satisfactory ex- amination under such regulations as the Secretary of War may prescribe before a board Of One or more med- ical Officers as to his qualifications for the position, including knowledge Of pharmacy, and demonstrated his fitness therefor by Service of not less than twelve months as hospital Sergeant or Sergeant, first class, Medical Department, or as sergeant, first class, in the Hospital Corps now established by law ; and no per- son shall be designated for Such examination except by written authority of the Surgeon General: Pro- vided further, That Original enlistments for the Medi- cal Department shall be made in the grade of private, and reenlistments and promotions of enlisted men therein, except as hereinbefore prescribed, and trans- fers thereto from the enlisted force of the line or other Staff departments and corps of the Army shall be governed by such regulations as the Secretary of War may prescribe: Provided further, That the enlisted men of the EIospital Corps who are in active service at the time of the approval of this Act are hereby transferred to the corresponding grades of the Medi- cal Department established by this Act: Provided fur- ther, . That the total number of enlisted men in the Medical Department shall be approximately equal to, but not exceed, except as hereinafter provided, the equivalent of five per centum of the total enlisted Strength of the Army authorized from time to time by law: Provided further, That in time of actual or threatened hostilities, the Secretary of War is hereby authorized to enlist Or Cause to be enlisted in the Medical Department. Such additional number of men as the service may require: Provided further, That the number of enlisted men in each of the Several grades designated below shall not exceed, except as hereinafter provided, the following percentages of the total authorized enlisted strength of the Medical De- partment, to wit: Master hospital Sergeants, one-half Of one per centum ; hospital sergeants, one-half of One per centum ; sergeants, first class, seven per cen- tum; Sergeants, eleven per centum ; Corporals, five per centum ; and cooks, six per centum: Provided fur- ther, That the number or horseshoers, saddlers, far- riers, and mechanics in the Medical Department shall not exceed One each to each authorized ambulance company or like organization: Provided further, That in said department the number of privates, first class, shall not exceed twenty-five per centum of the number of privates: Provided further, That if by reason of a reduction by Operation. Of law in the authorized en- listed strength of the Army aforesaid the number of noncommissioned Officers of any grade in the Medical Department whose warrants were issued previously to such reduction shall for the time being exceed the percentage hereinabove specified for such grade, no promotion to such grade shall be made until the per- centage of noncommissioned officers therein shall have been reduced below that authorized for such grade on the basis of the said reduced enlisted strength, nor thereafter so as to make the percentage of noncommis- Sioned Officers therein in excess of the percentage au- thorized. On the basis Of the said reduced enlisted Strength ; but nonCOmmissioned Officers may be reen- listed in the grades held by them previously to such reduction regardless of the percentages aforesaid ; and when under this provision the number of noncom- missioned Officers of any grade exceeds the percentage specified, any noncommissioned officer thereof, not un- der charges, may be discharged on his own applica- tion: Provided further, That privates, first class, of the Medical Department shall be eligible for ratings for additional pay as follows: As dispensary assist- ant, $2 a month ; as nurse, $3 a month ; as surgical assistant, $5 a month: Provided further, That no en- listed man shall receive more than One rating for ad- ditional pay under the provisions of this section, nor shall any enlisted man receive any additional pay un- der such rating unless he shall have actually perform- ed the duties for which he shall be rated. (June 3, 1916, c. 134, § 10, 39 Stat. 172.) See § 1860a. (R. S. § 1238. Superseded.) Provided for employment of women as nurses in general or permanent hospitals. Superseded by § 1831. § 1830. Matrons—Hospital matrons [and nurses] may be employed in post or regimental hospitals in such numbers as may be necessary. (R. S. § 1239.) See § 1831. § 1831. Nurse Corps; composition—The Nurse Corps (female) shall consist of one Superintendent, to be appointed by the Secretary Of War, who shall be a graduate Of a hospital training School having a course Of instruction of not less than two years, whose term of office may be terminated at his discretion, whose compensation shall be one thousand eight hundred Ch. 1) # 1833b THE ARMY IPage 245] dollars per annum, and of as many chief nurses, nurses, and reserve nurses as may be needed. Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall receive Ino Compensation except when on such duty: Pro- Vided, That all nurses in the Nurse Corps shall be ap- pointed or removed by the Surgeon-General, with the approval of the Secretary of War; that they shall be graduates of hospital training schools, and shall have passed a Satisfactory professional, moral, mental, and physical examination: [And provided, That the Su- perintendent and nurses shall receive transportation and necessary expenses when traveling under Orders; that the pay and allowances of nurses, and of reserve nurses, when on active service, shall be forty dollars per month when on duty in the United States and fifty dollars per month when without the limits of the United States. They shall be entitled to quarters, sub- sistence, and medical attendance during illness, and they may be granted leaves of absence for thirty days, with pay, for each calendar year; and, when serv- ing as Chief nurses, their pay may be increased by au- thority of the Secretary of War, such increase not to exceed twenty-five dollars per month.] Payments to the Nurse Corps shall be made by the Pay Depart- ment. (Feb. 2, 1901, c. 192, § 19, 31 Stat. 753.) See § 1832. º . § 1832. Same; pay and allowances—The Super- intendent and members of the Female Nurse Corps shall hereafter be paid at the following rates: Su- perintendent Nurse Corps, one thousand eight hun- dred dollars per annum ; female nurses, fifty dollars per month for the first period of three years’ service; fifty-five dollars per month for the second period of three years’ Service; sixty dollars per month for the third period of three years’ service; and Sixty-five dollars per month after nine years' service in said Nurse Corps; and all female nurses shall hereafter be entitled, in addition to the rates of pay as herein provided, to ten dollars per month when serving be- yond the limits of the States comprising the Union and the Territories Of the United States Contiguous thereto (excepting Porto Rico and Hawaii), and to Cumulative leave of absence with pay at the rate Of thirty days for each Calendar year Of Service in Said Corps ; and when serving as Chief nurses their pay may be increased by authority of the Secretary of War, such increase not to exceed thirty dollars per month ; and the Superintendent shall be entitled to the same allowances, When on duty, as the members Of the Nurse Corps. (March 23, 1910, c. 115, 36 Stat. 249.) § 1832a. Same; allowances to Superintend- ent during illness—Hereafter the Superintendent shall receive such allowances Of quarters, subsistence, and medical Care during illness as may be prescribed in regulations by the Secretary of War. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 626.) § 1833. Dental Corps; composition—Hereafter there shall be attached to the Medical Department a dental Corps, which shall be composed of dental Sur- geons and acting dental Surgeons, the total number Of which shall not exceed the proportion. Of One to each thousand of actual enlisted strength of the Ar- my; the number of dental Surgeons shall not exceed sixty, and the number of acting dental surgeons shall be such as may, from time to time, be authorized by law. All original appointments to the déntal corps shall be as acting dental Surgeons, who shall have the same Official status, pay, and allowances as the Contract dental Surgeons now authorized by law. Acting dental surgeons who have served three years in a manner satisfactory to the Secretary Of War shall be eligible for appointment as dental surgeons, and, after passing in a satisfactory manner an exam- ination which may be prescribed by the Secretary of War, may be commissioned with the rank of first lieutenant in the dental Corps to fill the vacancies ex- isting therein. Officers of the dental Corps shall have shall be applicable to dental surgeons. rank in Such corps according to date of their cosm- missions therein and shall rank next below officers of the Medical Reserve Corps. Their right to com- mand shall be limited to the dental corps. The pay and allowances of dental surgeons shall be those of first lieutenants, including the right to retirement on account of age or disability, as in the case of other Officers: Provided, That the time served by dental Surgeons as acting dental or contract dental surgeons Shall be reckoned in computing the increased service pay of Such as are commissioned under this Act. The appointees as acting dental surgeons must be citizens Of the United States between twenty-one and twenty- Seven years Of age, graduates of a standard dental College, Of good moral character and good professional education, and they shall be required to pass the usu- al physical examination required for appointment in the Medical Corps, and a professional examination which shall include tests of skill in practical dentistry and Of proficiency in the usual subjects of a standard dental College course: Provided, That the contract dental Surgeons attached to the Medical Department at the time of the passage of this Act may be eligible for appointment as first lieutenants, dental Corps, without limitation as to age: And provided further, That the professional examination for such appoint- Iment may be Waived in the case Of contract dental Surgeons in the service at the time of the passage of this Act whose efficiency reports and entrance ex- aminations are satisfactory. The Secretary of War is authorized to appoint boards Of three examiners to COnduct the examinations herein prescribed, one of whom shall be a surgeon in the Army and two of whom shall be selected by the Secretary of War from the commissioned dental surgeons. (March 3, 1911, c. 209, 36 Stat. 1054.) - - - § 1833a. Same; dental surgeons—The Presi- dent is hereby authorized to appoint and commission, by and with the advice and consent Of the Senate, dental Surgeons, who are citizens of the United States between the ages of twenty-One and twenty- Seven years, at the rate of One for each One thousand enlisted men of the line of the Army. Dental Sur- geons shall have the rank, pay, and allowances Of first lieutenants until, they have completed eight years’ service. Dental surgeons of more than eight but less than twenty-four years’ Service shall, Sub- ject to such examination as the President may pre- Scribe, have the rank, pay, and allowances of Cap- tains. Dental surgeons of more than twenty-four years’ Service shall, Subject to such examination as the President may prescribe, have the rank, pay, and allowances of major: Provided, That the total num- ber of dental surgeons with rank, pay, and allowances Of major shall not at any time exceed fifteen: And provided further, That all laws relating to the exam- ination of Officers of the Medical Corps for promotion (June 3, 1916, c. 134, § 10, 39 Stat. 173.) - * § 1833b. Same; composition—Hereafter the Dental Corps of the Army shall consist of commis- Sioned Officers. Of the same grade and proportionally distributed among such grades as are now or may be hereafter provided by law for the Medical Corps, who shall have the rank, pay, promotion and allowances Of Officers of corresponding grades in the Medical Corps, including the right to retirement as in the Case of other officers, and there shall be one dental officer for every thousand of the total strength of the Regu- lar Army authorized from time to time by law: Pro- vided further, That dental examining and review boards shall COnsist Of One Officer of the Medical Corps and two officers of the Dental Corps: Provided further, That immediately following the approval of this Act all dental surgeons then in active service shall be recommissioned in the Dental Corps in the grades herein authorized in the Order Of their seniori- ty and without loss of pay or allowances or of rela- tive rank in the Army: And provided further, That a 1884 - THE ARMY - - (Tit. 14 [Page 246] - no dental Surgeon shall be recommissioned who has not been confirmed by the Senate. (Oct. 6, 1917, c. 101, 40 Stat. 397.) & § 1834. Same; dental surgeons; detail to Military Academy—Hereafter the number of dental surgeons authorized by law shall be [thirty-One, Of which number one shall be detailed to the United States Military Academy. (March 2, 1907, c. 25.11, 34 Stat. 1163.) § 1835. Medical Department; right of comi- mand of officers—Officers Of the Medical Depart- ment of the Army shall not be entitled, in virtue of their rank, to Command in the line Or in Other staff corps. (R. S. § 1169.) **- . § 1836. Same; duties of officers—Medical Of- ficers of the Army may be assigned by the Secretary of War to Such duties as the interests Of the service may demand. (July 27, 1892, c. 270, § 3, 27 Stat. 277.) § 1837. Same; superintending cooking by en- listed men—The Officers of the Medical Department of the Army shall unite with the Officers of the line under such rules and regulations as shall be pre- scribed by the Secretary of War in Superintending the cooking done by the enlisted men ; and the Sur- geon-General shall promulgate to the Officers of said corps such regulations and instructions as may tend to insure the proper preparation of the ration of the soldier. (IR. S. § 1174, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) - See § 2006. * $ 1838. Same; medical officers to attend families of officers and soldiers—The medical Of- ficers of the Army and contract surgeons shall when- ever practicable attend the families of the officers and soldiers free of charge. (July 5, 1884, c. 217, 23 Stat. 112.) § 1839. Same; detail of officer to Red Cross— Hereafter the Secretary of War is hereby authorized to detail an officer of the Medical Corps to take charge Of the first-aid department of the American Red Cross. (March 3, 1911, c. 209, 36 Stat. 1041.) § 1839a. Same; detail of officers to military relief division of Red Cross–Hereafter the Presi- dent shall be authorized to detail not to exceed five officers of the Medical Department of the Army for duty with the military relief division of the American National Red Cross. (June 3, 1916, c. 134, § 10, 39 Stat. 171.) . . (R. S. § 1151. Superseded.) Prescribed organization of Corps of Engineers. Super- seded, with subsequent provisions, by §§ 1840, 1842a. § 1840. Corps of Emgineers; composition of— The Corps Of Engineers shall consist of One Chief of Engineers with the rank of brigadier-general, of ten colonels, sixteen lieutenant-colonels, thirty-two ma- jors, forty-three captains, forty-three first lieutenants, and forty-three Second lieutenants. The enlisted force provided in section eleven of this Act, and the officers serving with the organized battalions thereof, shall constitute a part of the line of the Army: Pro- vided, That the Chief of Engineers shall be appointed as now provided by law, and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled by promotion, ac- COrding to seniority, from the Corps of Engineers. Any vacancies occurring at any time in the grade of Second lieutenant shall be left for future promotions from the corps of cadets at the United States Military Academy. (Feb. 2, 1901, c. 192, § 22, 31 Stat. 754, amended, April 23, 1904, c. 14S5, 33 Stat. 263.) Corps of . Engineers increased by § 1841; enlisted force prescribed by § 1842; reorganized, and officers and enlisted force enumerated, by § 1842a; appointments to grade of Second lieutenant prescribed by § 1842b; details of officers to and duties of enlisted men of the Corps provided for by §§ 1843, 1844; regulations for supplies and disbursement of Imoneys made by §§ 1845, 1846; and restriction on du- ties of Corps made by § 1847. Other provisions relating to promotions in the Corps, see §§ 1895–1898, 1900, 1901. § 1841. Same; increase—The Corps of Engi- neers of the United States Army is hereby increased by five Colonels, six lieutenant colonels, nineteen ma- jors, Seventeen captains, and thirteen first lieuten- ants. The increase in each grade hereby provided for shall be extended Over a period of five years as nearly as practicable, and the Original vacancies here- by created in each grade shall be filled by promotion from the next lower grade in accordance with exist- ing law : Provided, That Officers of the Corps of En- gineers, when on duty under the Chief of Engineers, connected solely with the work of river and harbor improvements may, while so employed, be paid their pay and Commutation of quarters from the appropri- ations for the work or works upon which they are employed: Provided further, That whenever it shall be necessary, in order to properly prosecute works of river and harbor improvement, the Chief of Engineers is authorized to detail for duty in charge of river and harbor districts or as members of boards of engineers any assistant engineers in the employ of the Engineer Bureau of the War Department. Vacancies in the grade of Second lieutenant in the Corps Of Engineers shall hereafter be filled, as far as may be consistent With the interests of the , military service, by promo- tions from the Corps of Cadets at the United States Military Academy: Provided, That vacancies remain- ing in any fiscal year after the assignment Of Cadets of the class graduating in that fiscal year may be filled from civil life as hereinafter provided : And provided further, That the proportion of any graduating Class assigned to the Corps of Engineers shall not be less than the proportion which the total number of officers authorized at date of graduation for that Corps bears to the total number of Officers authorized at same date for all branches of the Army to which cadets are elig- ible for promotion upon graduation, except when Such a proportionate number is more than the number of Vacancies existing at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the following Jan- uary. To become eligible for examination and ap- pointment, a civilian candidate for the appointment aS Second lieutenant must be an unmarried Citizen Of the United States between the ages of twenty-One and twenty-nine, who holds a diploma showing grad- uation in an engineering course from an approved technical school, and is eligible for appointment as a junior engineer under the Engineer . Bureau of the War Department. Selection of eligible civilians for appointment, including term of probation, shall be made as the result of such competitive examination into the mental, moral, and physical qualifications, and under Such rules and regulations as Shall be rec- Ommended by the Chief of Engineers and approved by the Secretary of War. (Feb. 27, 1911, c. 166, § 5, 36 Stat. 957.) (R. S. §§ 1154, 1155. Superseded.) Prescribed composition of battalion of engineer soldiers, and of each company thereof. Superseded, with subse- quent provisions, by §§ 1842, 1842a. § 1842. Saſſme; enlisted foree—The enlisted force Of the COrps of Engineers shall Consist Of One band and three battalions of engineers. The engineers band shall be Organized as now provided by law for bands of infantry regiments. Each battalion of en- gineers shall consist of one sergeant-major, one quar- termaster-Sergeant, and four Companies. Each Com- pany of engineers shall consist of One first sergeant, one quartermaster-Sergeant, with the rank, pay, and allowances Of Sergeant, eight Sergeants, ten COrporals, two musicians, two cooks, thirty-eight first-class and thirty-eight second-class privates: Provided, That the President may, in his discretion, increase the number Of Sergeants in any company of engineers to twelve, the number of corporals to eighteen, the num- ber of first-class privates to sixty-four, and the num- ber of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded: And provided, That officers detailed from the Corps of Engineers to serve as battalion adjutants and bat- Ch. 1) & 1848 THE ARMY IPage 247I talion quartermasters and commissaries shall, While SO serving, receive the pay and allowances, herein authorized for battalion Staff Officers Of infantry reg- iments. (Feb. 2, 1901, c. 192, § 11, 31 Stat. 750.) Infantry bands, see §§ 1738a, 1739. § 1842a. Same; composition—The Corps of Engineers shall consist of One Chief Of Engineers, with the rank of brigadier general ; twenty-three colonels; thirty lieutenant colonels; seventy-two ma- jors; one hundred and fifty-two captains; one hun- dred and forty-eight first lieutenants; seventy-nine Second lieutenants; and the enlisted men hereinafter enumerated. The Engineer troops of the Corps Of JEngineers shall consist of one band, seven regiments, and two mounted battalions. Each regiment of Engineers shall consist of One Colonel; one lieutenant colonel ; two majors; eleven Captains; twelve first lieutenants; six second lieuten- ants; two master engineers, senior grade; One regi- mental Sergeant major ; two regimental Supply Ser- geants; two color sergeants; one sergeant bugler; One COOk; one Wagoner for each authorized Wagon Of the field and combat train, and two battalions. Each battalion of a regiment of Engineers shall consist of one major, one captain, one battalion ser- geant major ; three master engineers, junior grade; and three companies. Each Engineer company (reg- imental) shall consist of one captain; two first lieu- tenants; one second lieutenant; one first sergeant; three Sergeants, first class; one mess sergeant; one Supply Sergeant; One stable sergeant ; Six Sergeants; tWelve corporals; one horseshoer; two buglers; One Saddler; two cooks; nineteen privates, first class; and fifty-nine privates:. Provided, That the Presi- dent may, in his discretion, increase a regiment of En- gineers by two master engineers, senior grade, and tWo Sergeants; each battalion of a regiment of En- gineers by three master engineers, junior grade; and each Engineer company (regimental) by two ser- geants, six corporals, one cook, twelve privates, first Class, and thirty-four privates. The Engineer band shall consist of one band lead- er; One assistant band leader; one first Sergeant; tWO band sergeants; four band corporals; two mu- Sicians, first class; four musicians, second class; thirteen musicians, third class; and two cooks. Each battalion of mounted Engineers shall consist Of One major ; five captains; seven first lieutenants; three Second lieutenants; One master engineer, senior grade; One battalion sergeant major; One battalion Supply sergeant; three master engineers, grade; One CorpOral; One Wagoner for each author- ized Wagon of the field and Combat train ; and three mounted Companies. Each mounted Engineer COImpa- ny shall consist of one captain; two first lieutenants; One second lieutenant; One first Sergeant ; tWO Ser- geants, first class; one mess sergeant; one supply Sergeant; one stable Sergeant ; four Sergeants; eight corporals; two horseshoers; one saddler; two cooks; two buglers; twelve privates, first class ; and thirty- seven privates: Provided, That the President may, in his discretion, increase the battalions Of mounted Engineers by One master engineer, senior grade; two sergeants; and three master engineers, junior grade; and a mounted Engineer. Company by two Sergeants; three corporals; eight privates, first class; and twenty-four privates: Provided further, That ap- propriate officers to command the regiments, battal- ions, and companies herein authorized and for duty with and as staff Officers of Such Organizations shall be detailed from the Corps Of Engineers, and shall not be in excess of the numbers in each grade enu- merated in this section. The enlisted force of the Corps of Engineers and the officers serving there- with shall constitute a part of the line of the Army. (June 3, 1916, c. 134, § 11, 39 Stat. 173.) § 1842b. Same; the grade of second lieutenant in the Corps of En- .gineers including those created by this Act, shall con- junior lieutenants—Appointments to Of two years ; tinue to be made as now provided by law, but that Officers of the Army or Navy of the United States may become candidates for said appointments under the provisions of section five of the Act of Congress ap- | proved February twenty-seventh, nineteen hundred and eleven, without previously vacating their commis- Sions as Officers and that the Secretary of War may, in his discretion, allow persons to become candidates Without previously establishing eligibility for appoint- ment as junior engineer under the Engineer Bureau Of the War Department. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) - § 1843. Same; detail of officers for enlisted force—A battalion-adjutant, a battalion-quartermas- ter, and appropriate Officers to command the Compa- nies and battalion of engineer Soldiers, shall be detail- ed from the Corps of Engineers. (R. S. § 1156.) § 1844. Same; duties of enlisted men—The en- listed men of the engineer battalion shall be instruct- ed in and perform the duties of sappers, miners, and pontoniers, and shall aid in giving practical instruc- tion in those branches at the Military Academy. They may be detailed by the Chief of Engineers to oversee and aid laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort-keepers, to protect and repair finished fortifications. (R. S. § 1157.) § 1845. Same; supplies—The Chief of Engineers is authorized, with the approval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pon- toons, tools, implements, arms, and other supplies for the use of the battalion of engineer soldiers. (R. S. § 1152.) § 1846. Same; disbursements of moneys—It shall be the duty of the engineer Superintending the construction of a fortification, or engaged about the execution of any other public work, to disburse the moneys applicable to the same; but no compensation shall be allowed him for such disbursement. (R. S. § 1153.) § 1847. Same; limits of duty—Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the spe- Cial Order Of the President. They may, at the dis- Cretion of the President, be transferred from One Corps to another, regard being paid to rank. (R. S. § 1158.) See §§ 8434, 8553, 8556, 9863. - - (R. S. § 1159. Superseded.) Prescribed organization of Ordnance Department. Super- seded, with provisions of subsequent acts, by §§ 1848, 1849. § 1848. The Ordnance Department—The Ord- nance Department shall consist of One Chief of Ord- nance, with the rank of brigadier general ; ten colo- nels; fifteen lieutenant colonels; thirty-two majors; forty-two captains; forty-two first lieutenants; the ordnance sergeants, as now authorized by law, and Such other enlisted men of grades now authorized by law as the President may direct: Provided, That Ord- nance Sergeants shall be selected by the Secretary of War from the Sergeants of the line or Ordnance De- partment who shall have served faithfully for eight years, including four years in the grade of noncom- missioned officer: Provided further, That vacancies which may occur in the Commissioned personnel of the Ordnance Department shall be subject to the pro- visions of Sections twenty-six and twenty-seven of the Act approved February second, nineteen hundred and One, the Acts approved June twenty-fifth, nineteen hundred and six, and February twenty-fourth, nine- teen hundred and fifteen, and Acts amendatory thereof relating to the Ordnance Department: Provided fur- ther, That hereafter the Secretary of War is author- ized to detail not to exceed thirty lieutenants from the Army at large for duty as student officers in the es- tablishments of the Ordnance Department for a period and the COmpletion Of the prescribed Course of instruction shall constitute the examination à 1848 (Tit. 14 TEIE ARMY [Page 248] for detail in the Ordnance Department. (June 3, 1916, c. 134, § 12, 39 Stat. 174.) Act Feb. 2, 1901, c. 192, §§ 26, 27, are $$ 1905, 1908. Act Jan. 25, 1906, c. 3526, § 2, is § 1849. Act Feb. 24, 1915, c. 54, is $ 1906a. § 1848a. Same; ordnance officer; assignment to staff—A chief ordnance officer may be assigned to the staff of an army or a corps commander, and While so assigned shall have the rank, pay, and allowances of a lieutenant-colonel. A chief ordnance Officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay, and al- lowances of a major. (July 7, 1898, c. 582, 30 Stat. 720.) (R. S. § 1160. Superseded.) .. 'Related to appointments as ordnance officers, etc. Super- seded, with subsequent provisions, by § 1905. See, also, §§ 1848, 1849. • . § 1849. Same; details of officers from Army at large—Details to the Ordnance Department under the provisions of the Act of February second, nineteen hundred and one, may be made from the Army at large from the grade in which the vacancy exists, Or from the grade below: Provided, That no officer shall be so detailed except upon the recommendation of a board of ordnance officers, and after at least One ex- amination, which shall be open to competition: And provided further, That officers so detailed in grades below that of major shall not be again eligible for Such detail until after they shall have served for at least one year out of that department. (June 25, 1906, C. 3526, § 2, 34 Stat. 455.) Detailsº to Ordnance Department, see § 1905. This sec- tion, and §§ 1906b, 1908, are made applicable to the filling of vacancies in the commissioned personnel of the Ord- nance Department by § 1848. Rank of officers detailed to the Ordnance Department, see § 1850. § 1850. Same; rank of officers serving by de- tail—Hereafter Officers serving by detail in the Ord- nance Department, under the Acts of February Sec- ond, nineteen hundred and one, and June twenty-fifth, nineteen hundred and six, shall take rank in their re- Spective grades from the dates of their rank under their original detail in said grades. (March 3, 1909, C. 252, 35 Stat. 751.) See § 1849 and note. (T. S. § 1161. Superseded.) Provided for ordnance storekeepers acting as paymasters at armories and arsenals. enactments, by Act Feb. 2, 1901, c. 192, § 1; 31 Stat. 748. § 1851. be an ordnance-sergeant for each military post, Whose duty it shall be to take care of the Ordnance, arms, ammunition, and other military stores at Such post, under the direction of the commanding officer, and ac- cording to regulations prescribed by the Secretary of War. (R. S. § 1109.) § 1852. [Superseded.] This section (R. S. § 1110), relating to ordnance-sergeants, was superseded by § 1848. - § 1853. Same; enlisted force—The Chief Of Ordnance may enlist as many Sergeants Of Ordnance, corporals of ordnance, and first and Second class pri- vates of ordnance, as the Secretary of War may direct. (R. S. § 1162, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) - § 1854. same; detail of enlisted men-The Chief of Ordnance, subject to the approval Of the Sec- retary of War, shall organize and detail to regiments, corps, or garrisons, such numbers of Ordnance enlist- ed men, furnished with proper tools, carriages, and apparatus, as may be necessary, and shall make regula- tions for their government. (R. S. § 1163, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) § 1855. the Chief of Ordnance to furnish estimates, and, un- der the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary Supplies of ordnance and Ordnance stores, for the use of the armies of the United States; to direct the in- spection and proving of the same, and to direct the construction of all cannon and Carriages, ammunition- Superseded, with subsequent Same; ordnance-sergeants—There shall Same; supplies—It shall be the duty of 1918, c. 28, § 1, 40 Stat.) wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and Ordnance º constructed or prepared for said service. (R. S. 1164.) § 1856. Same; depots—The Chief of Ordnance, under the direction of the Secretary of War, may es- tablish depots of ordnance and ordnance stores in such parts of the United States, and in such num- bers, as may be deemed necessary. (R. S. § 1165.) § 1857. Same; orders for supplies—The Chief of Ordnance, or the senior officer of that corps for any district, shall execute all orders of the Secretary of War, and, in time of war, the Orders of any general or field officer commanding an army, garrison, Or de- tachment, for the supply of all ordnance and Ordnance stores for garrison, field, or siege service. (R. S. § 1166.) § 1858. Same; reports by Chief—The Chief of Ordnance shall, half-yearly, or oftener if so directed, make a report to the Secretary of War of all the Of- ficers and enlisted men in his department of the Serv- ice, and of all Ordnance and Ordnance stores under his control. Every officer of the Ordnance Depart- ment, every Ordnance-store keeper, every post Ord- nance Sergeant, each keeper of magazines, arsenals, and armories, every assistant and deputy Of Such, and all other officers, agents, or persons who shall have received or may be entrusted with any stores Or supplies, shall quarterly, or oftener if so directed, and in such manner and on such forms as may be di- rected or prescribed by the Chief of Ordnance, make true and correct returns to the Chief of Ordnance of all Ordnance-arms, Ordnance-stores, and all other Sup- plies and property of every kind, received by or in- trusted to them and each of them, or which may in any manner Come into their and each of their pos- session or charge. The chief of ordnance, Subject to the approval of the Secretary of War, is hereby au- thorized and directed to draw up and enforce in his department a system of rules and regulations for the government of the Ordnance Department, and of all persons in said department, and for the safe-keep- | ing and preservation of all Ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance there with. (R. S. § 1167, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) - - - Further as to returns by Chief of Ordnance, see § 1859; reports to Chief, see § 1968. § 1859. Same; semiannual returns of proper- ty—Returns of Ordnance property now required to be made quarterly to the Chief of Ordnance shall here- after be made semiannually. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 885.) - § 1859a. Same; officers accountable for pub- lic moneys—During the present emergency, under such regulations as may be prescribed by the Secre- tary of War, Officers of the Ordnance Department ac- Countable for public moneys may intrust moneys to Other officers for the purpose of having them make disbursements as their agents, and the Officers to whom the money is intrusted, as well as the Officers who intrust it to them, shall be held pecuniarily re- sponsible therefor to the United States. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 367.) - § 1859b. Saxme; disbursing officer to pay civil- ian employés—The Chief of Ordnance is authorized to appoint one of the Army Officers serving in his Of- fice as disbursing officer to pay the civilian employees in the Ordnance Office authorized in this Act, the ur- gent deficiency appropriation Act approved October sixth, nineteen hundred and seventeen, and the legisla- tive, executive, and judicial appropriation Act for the fiscal year nineteen hundred and eighteen. (March 28, (R. S. § 1195. Superseded.) Prescribed the rank and duties of Chief Signal Officer. Superseded, with subsequent enactments, by §§ 1860, 1867. See, also, §§ 840–842, 846. Ch. 1) THE ARMY 3 1864 - [Page 249] (R. S. § 1196. Superseded.) sary: Provided further, That hereafter the age of Provided for detail of officers and men from Corps of Engineers for signal duty. Superseded, with Subsequent provisions, by § 1860. - § 1860. The Signal Corps—The Signal Corp shall consist of one Chief Signal Officer, with the rank of brigadier general; three colonels; eight lieutenant colonels; ten majors; thirty captains; seventy-five first lieutenants; and the aviation section, which shall consist of one colonel; one lieutenant Colonel; eight majors; twenty-four captains; and One hundred and fourteen first lieutenants, who shall be selected from among officers of the Army at large of Corresponding grades or from among officers of the grade below, ex- clusive of those serving by detail in staff Corps Or departments, who are qualified as military aviators, and shall be detailed to serve as aviation officers for periods of four years unless sooner relieved; and the provisions of section twenty-seven of the Act of Congress approved February second, nineteen hundred and one, are hereby extended to apply to said aviation Officers and to vacancies Created in any arm, COrps, OT department of the Army by the detail of said officers therefrom ; but nothing in said Act or in any other law now in force shall be held to prevent the detail or redetail at any time, to fill a vacancy among the aviation officers authorized by this Act, of any officer Who, during prior service as an aviation Officer Of the aviation section, shall have become proficient in mili- tary aviation. Aviation officers may, when qualified therefor, be rated as junior military aviators or as military avia- tors, but no person shall be so rated until there shall have been issued to him a certificate to the effect that he is qualified for the rating, and no Certificate Shall be issued to any person until an aviation eX- amining board, which shall be composed of three offi- CerS Of experience in the aviation service and two medical officers, shall have examined him, under gen- eral regulations to be prescribed by the Secretary of War and published to the Army by the War Depart- ment, and shall have reported him to be qualified for the rating. No person shall receive the rating of mil- itary aviator until he shall have served creditably for three years as an aviation officer with the rat- ing of a junior military aviator. Each aviation officer authorized by this Act shall, While on duty that requires him to participate regu- larly and frequently in aerial flights, receive an in- crease of twenty-five per centum in the pay of his grade and length of Service under his commission. Each duly qualified junior military aviator Shall, While So Serving, have the rank, pay, and allowances Of One grade higher than that held by him under his COmmission if his rank under said commission be not higher than that of Captain, and while on duty requir- ing him to participate regularly and frequently in aerial flights he shall receive in addition an increase of fifty per centum in the pay of his grade and length of Service under his commission. Each military avia- tor Shall, While So Serving, have the rank, pay, and allowances of one grade higher than that held by him under his commission if his rank under said Commis- Sion be not higher than that of captain, and while on duty requiring him to participate regularly and fre- quently in aerial flights he shall receive in addition an increase of seventy-five per centum of the pay of his grade and length of service under his commis- Sion : Provided further, That the provisions of the Act of March second, nineteen hundred and thirteen, allowing increase of pay and allowances to officers de- tailed by the Secretary of War on aviation duty, are hereby repealed: Provided further, That hereafter Imarried officers Of the line of the Army shall be eligi- ble equally with unmarried officers, and subject to the same Conditions, for detail to aviation duty ; and the Secretary of War shall have authority to cause as many enlisted men of the aviation section to be in- Structed in the art of flying as he may deem neces- officers shall not be a bar to their first detail in the aviation section of the Signal Corps, and neither their age nor their rank shall be a bar to their Subsequent details in said section: Provided further, That, When it shall be impracticable to obtain from the Army Officers suitable for the aviation section of the Signal Corps in the number allowed by law the difference be- tween that number and the number of suitable Officers actually available for duty in said section may be made up by appointments in the grade of aviator, Sig- nal Corps, and that grade is hereby created. The personnel for said grade shall be obtained from eS- . pecially qualified Civilians who shall be appointed and Commissioned in said grade : Provided further, That Whenever any aviator Shall have become unsatisfac- tory he shall be discharged from the Army as such aviator. The base pay of an aviator, Signal Corps, shall be $150 per month, and he shall have the allow- ances Of a master signal electrician and the same per- Centage of increase in pay for length of Service as is allowed to a master signal electrician. The total enlisted strength of the Signal Corps shall be limited and fixed from time to time by the Presi- dent in accordance with the needs of the Army, and Shall consist of master signal electricians; sergeants, first class; sergeants; corporals; cooks, horseshoers; private, first class; and privates; the number in each grade being fixed from time to time by the President. The numbers in the various grades shall not exceed the following percentages of the total authorized en- listed strength of the Signal Corps, namely: Master . Signal electricians, two per centum ; sergeants, first Class, Seven per centum ; sergeants, ten per centum ; Corporals, tWenty per centum. The number of pri- Vates, first Class, shall not exceed twenty-five per Cen- tum of the number of privates. Authority is hereby given the President to organize, in his discretion, such part of the commissioned and enlisted personnel of the Signal Corps into such number of companies, bat- talions, and aero Squadrons as the necessities of the Service may demand. (June 3, 1916, c. 134, § 13, 39 Stat. 174.) Act Feb. 2, 1901, c. 192, § 27, is $ 1908. Act July 18, 1914, c. 186, §§ 1-3, relating to the aviation section, see §§ 1867a-1867c. As to detached duty of officars of the line, See § 1999. Details to aviation duty, see § 1907. Current appropriation for enlisted force of Signal Corps, see Act July 9, 1918, c. 143, 40 Stat. § 1860a. Sigital Corps and Medical Depart- ment; privates of first class—Hereafter the pro- portion of privates first class to privates in the Signal Corps and in the Medical Department shall be the Same as the proportion of privates first class to pri- Wates now authorized by law in the Quartermaster Corps. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 625.) See §§ 1784, 1829a, 1860. . § 1861. Signal Corps; designation of privates —Hereafter second-class privates of the Signal Corps Shall be designated as privates, with the same pay and allowances as now allowed by law to second-class privates. (June 30, 1902, c. 1328, 32 Stat. 509.) - § 1862. Same; additional force for Philippine Islands and Alaska—Fifty first-class Sergeants raay be temporarily added to the Signal Corps for service in the Philippine Islands and Alaska ; such addition- al force, or part thereof, to be continued only as long as in the opinion of the Secretary of War (or the Pres- ident) it may be necessary for the efficiency of the Army. (June 30, 1902, c. 1328, 32 Stat. 509.) § 1863. [Superseded.] This section, increasing the commissioned personnel of the Signal Corps, was superseded by § 1860. - § 1864. Same; chief of telegraph and cipher Thureau of Executive Office—That the President be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, an Officer of the Signal Corps as chief of the telegraph and cipher bureau of the Executive Office, who shall have, 3 1865 (Tit. 14 THE ARMY [Page 2501 - while so serving, the rank, pay, and allowances of a major. (March 2, 1903, c. 975, 32 Stat. 932.) § 1865. [Superseded.] This section, relating to the enlisted force of the Corps, was superseded by § 1860. § 1866. Same; enlisted men mounted–En- listed men detailed for signal-duty shall, When it is deemed necessary, be mounted on horses provided by the government. (R. S. § 1197.) - § 1867. Same; Chief Officer—The Chief Signal Officer shall have charge, under the direction of the Secretary of War, of all military signal duties, and Of books, papers, and devices connected therewith, in- cluding telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses ; the construction, re- pair, and Operation of military telegraph lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all. Other duties usually pertaining to military signaling ; and the Operations of said corps shall be confined to strict- ly military matters. (Oct. 1, 1890, c. 1266, § 2, 26 Stat. 653.) - See § 841. Contracts by Chief Signal Officer, see § 6895a. § 1867a. Same; aviation section; creation- There shall hereafter be, and there is hereby created, an aviation section, which shall be a part of the Sig- nal Corps of the Army, and which shall be, and is hereby, charged with the duty of operating or Super- vising the operation of all military air craft, including balloons and aeroplanes, all appliances pertaining to said craft, and signaling apparatus of any kind. When installed on said craft; also with the duty of train- ing officers and enlisted men in matters pertaining to military aviation. (July 18, 1914, c. 186, § 1, 38 Stat. 514. - Af - 'm. section, and the two following sections, were most- ly superseded by § 1860. § 1867b. Same; aviation section; additional officers and men; details; students—In addition to such officers and enlisted men as shall be assigned from the Signal Corps at large to executive, admin- istrative, scientific, or other duty in or for the avia- tion section, there shall be in said section aviation Of- ficers not to exceed sixty in number, and two hundred and sixty aviation enlisted men of all grades; and said aviation Officers and aviation enlisted men, all of whom shall be engaged on duties pertaining to Said aviation section, shall be additional to the Officers and enlisted men now allotted by law to the Signal Corps, the commissioned and enlisted strengths of which are hereby increased accordingly. The aviation officers provided for in this section shall, except as hereinafter prescribed specifically to the contrary, be selected from among officers holding Commissions in the line of the Army with rank be- low that of captain, and shall be detailed to serve as such aviation officers for periods of four years, un- less sooner relieved, and the provisions of Section twenty-seven of the Act of Congress approved Febru- ary second, nineteen hundred and one (Thirty-first Statutes; page seven hundred and fifty-five) are here- by extended so as to apply to said aviation officers and to the vacancies Created in the line Of the Army by the detail of said officers therefrom, but nothing in said Act Or in any other law now in force shall be held to prevent the detail or redetail at any time to fill a vacancy among the aviation officers author- ized by this Act, of any officer holding a commission in the line of the Army with rank below that of Cap- tain, and who, during prior service as an aviation Of- ficer in the aviation section, shall have become espe- cially proficient in military aviation. There shall also be constantly attached to the avia- tion section a sufficient number of aviation students to make, with the aviation officers actually detailed in said section under the provisions of this Act, a total number of sixty aviation officers and aviation students constantly under assignment to, Or detail in, said section. Said aviation students, all of whom f shall be selected on the recommendation of the Chief signal officer from among unmarried lieutenants of the line of the Army not over thirty years of age, shall remain attached to the aviation section for a sufficient time, but in no case to exceed one year, to determine their fitness or unfitness for detail as avia- tion officers in said section, and their detachment from their respective arms of service which under as- signment to said section shall not be held to create in Said arms vacancies that may be filled by promo- tions or original appointments: Provided, That no person, except in time of War, shall be assigned Or detailed against his will to duty as an aviation stu- dent or an aviation officer: Provided further, That whenever, under such regulations as the Secretary of War shall prescribe and publish to the Army, an of- ficer assigned or detailed to duty of any kind in or With the aviation Section shall have been found to be inattentive to his duties, inefficient, or incapacitat- ed from any cause whatever for the full and efficient Ólischarge Of all duties that might properly be impos- ed upon him if he should be COntinued on duty in or With Said Section, said officer shall be returned forth- With to the branch Of the Service in which he shall hold a commission. (July 18, 1914, c. 186, § 2, 38 Stat. 514.) § 1867c. Same; aviation officers; pay of stu- dents—The aviation officers hereinbefore provided for shall be rated in two classes, to wit, as junior mili- tary aviators and as military aviators. Within sixty days after this Act shall take effect the Secretary of War may, upon the recommendation of the Chief Signal Officer, rate, as junior military aviators any officers with rank below that of captain, who are now on aviation duty and who have, or shall have be- fore the date of rating so authorized, shown by prac- tical tests, including aerial flights, that they are es- pecially well qualified for military aviation service; and after said rating Shall have been made the rating of junior military aviator shall not be conferred upon any person except as hereinafter provided. Each aviation student authorized by this Act shall, While on duty that requires him to participate regu- larly and frequently in aerial flights, receive an in- Crease of 25 per Centum in the pay of his grade and length. Of Service under his line Commission. Each duly qualified junior military aviator shall, while SO Serving, have the rank, pay, and allowances of one grade higher than that held by him under his line Commission, provided that his rank under said Com- mission be not higher than that of first lieutenant, and, while on duty, requiring him to participate regu- larly and frequently in aerial flights, he shall receive in addition an increase of 50 per centum in the pay Of his grade and length Of Service under his line Com- mission. The rating of military aviator shall not be hereafter Conferred upon or held by any person ex- cept as hereinafter provided, and the number of Of- ficers with that rating shall at no time exceed fifteen. Each military aviator who shall hereafter have duly Qualified as Such under the provisions of this Act shall, while SO serving, have the rank, pay, and al- lowances of One grade higher than that held by him under his line. Commission, provided that his rank under said Commission be not higher than that of first lieutenant, and, While on duty requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 75 per centum of the pay of his grade and length of serv- ice under his line Commission. The aviation enlisted men hereinbefore provided for shall consist Of twelve master signal electricians, twelve first-class Sergeants, twenty-four Sergeants, seventy-eight Corporals, eight Cooks, eighty-two first- class privates, and forty-four privates. Not to exceed forty of said enlisted men shall at any one time have the rating of aviation mechanician, which rating is hereby established, and said rating shall not be con- ferred upon any person except as hereinafter provid- Ch. 1) 3 1867g THE ARMY [Page 251] ed: Provided, That twelve enlisted men at a time shall, in the discretion of the officer in command of the aviation Section, be instructed in the art Of fly- ing, and no enlisted man shall be assigned to duty as an aerial flyer against his will except in time Of War. Each aviation enlisted man, while on duty that re- Quires him to participate regularly and frequently in aerial flights, or while holding the rating of aviation mechanician, shall receive an increase of fifty per Cen- tum in his pay: Provided further, That, except as hereinafter provided in the cases of officers now on aviation duty, no person shall be detailed as an avia- tion officer, or rated as a junior military aviator, or as a military aviator, or as an aviation mechanician, until there shall have been issued to him a certificate to the effect that he is qualified for the detail or rat- ing, Or for both the detail and the rating, sought or proposed in his case, and no such certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of eXperience in the aviation service and two medical Officers, shall have examined him under general reg- ulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be qualified for the detail Or rating, Or for both the detail and the rating, sought Or proposed in his case: Provided further, That the Secretary of War shall cause appropriate certificates Of qualification to be issued by the Adjutant General Of the Army to all officers and enlisted men who shall have been found and reported by aviation examining boards in accordance with the terms of this Act, to be qualified for the details and ratings for which said Officers and enlisted men shall have been examined: Provided further, That except as hereinbefore pro- Vided in the cases of officers who are now on aviation duty and who shall be rated as junior military avi- ators as hereinbefore authorized, no person shall. be detailed for service as an aviation officer in the avia- tion section until he shall have served creditably as an aviation student for a period to be fixed by the Secretary of War; and no person shall receive the rating of military aviator until he shall have served Creditably for at least three years as an aviation of- ficer with the rating of junior military aviator: Pro- Vided further, That there shall be paid to the widow of any officer or enlisted man who shall die as the result of an aviation accident, not the result of his OWn misconduct, or to any other person designated by him in Writing, an amount equal to one year's pay at the rate to which such officer or enlisted man was entitled at the time of the accident resulting in his death, but any payment made in accordance with the terms of this proviso on account of the death of any Officer Or enlisted man shall be in lieu of and a bar to any payment under the Acts of Congress approved May eleventh, nineteen hundred and eight, and March third, nineteen hundred and nine (Thirty-fifth Stat- utes, pages One hundred and eight and seven hundred and fifty-five), on account of death of said officer or enlisted man. (July 18, 1914, c. 186, § 3, 38 Stat. 515.) § 1867 cc. Same; aviation section; mileage to officers—Mileage to officers in the aviation section, Signal Corps, traveling On duty in connection with aviation service shall be paid from the appropriation for the work in connection with which the travel is performed. (May 12, 1917, c. 12, 40 Stat. 43.) § 1867d. Land for aviation purposes; dona- tions—The Secretary of War is hereby authorized to accept for the United States from any citizen of the |United States a donation of a tract Or tracts Of land suitable and desirable in his judgment for the pur- poses of an aviation field and remount station, the terms Of the donation also to authorize the use Of the property donated for any other service of the United States which may hereafter appear desirable. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 622.) § 1867dd. Same; acquisition—The Secretary Of War is hereby authorized to acquire, by purchase, proving grounds for the United States Army. donation, Or by Condemnation, Such land sites through- Out the United States as are immediately necessary for the permanent establishment of aviation schools, , aviation posts, and experimental aviation stations and (June 15, 1917, c. 29, § 1, 40 Stat. 187.) § 1867 didd. Same; site for aviation stations at North Island, San Diego, California—That the President be, and he is hereby, authorized to cause possession to be taken forthwith, on behalf of the United States, for use for national defense and in Connection there with as sites for permanent aviation stations for the Army and Navy and for aviation School purposes, of the whole of North Island, in the harbor of San Diego, California, and the provisions Of Section three hundred and fifty-five, Revised Stat- utes, shall not apply to the expenditure of any ap- propriations for improvements thereon for aviation purposeS. - The Attorney General or the claimants to the said North Island are authorized to make application for the determination and appraisement of any rights private parties may have in the said island Over and beyond any rights thereto in the United States to the District Court of the United States for the Southern District of California; the proceedings to be prosecut- ed in a CCOrdance with the laws Of the State of Cali- fornia relating to the condemnation of property for public use. Dither party may take an appeal from the judgment of Such court direct to the Supreme Court of the United States within ninety days after such judgment is rendered. Upon the final ascertain- ment Of the value of any right, title, Or interest ad- judged to be in any private claimants to the said is- land there shall be paid into Court the Value of the same as so determined, together With interest there- On at the rate Of Six per Centum per annum from date possession thereof was taken as herein authoriz- ed; and thereupon the United States Shall be vested with title to said lands. The amount SO paid Shall be distributed by Order of the court to the Owner or owners of such right, title, or interest in said island as their respective interests may be determined by the court. The amount necessary to pay the awards in favor of private claimants is hereby appropriated, Out of any money in the Treasury not otherwise Specifically appropriated, to be disbursed under or- ders of the Secretary of War. (July 27, 1917, c. 42, 40 Stat. 247.) * * § 1867e. Same; military reservations; pur- chase of other land—The Secretary Of War is direct- ed to investigate the suitability of the various military reservations for aviation purposes, and should any of the reservations be found not suitable and not avail- able for aviation he is authorized, in his discretion, to acquire, by purchase, COndemnation, or Otherwise, for the United States of America, such land as may be necessary for aviation purposes, and there is here- by appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $300,000, or so much thereof as may be necessary, for said purpose. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 622.) § 1867 f. Signal Corps; increase—That for and during the existing emergency, the President be, and is hereby, authorized to increase the present authoriz- ed commissioned and enlisted strength of the Signal Corps of the Army, including the Aviation Section thereof. (July 24, 1917, c. 40, § 1, 40 Stat. 243.) § 1867g. Same; increase; temporary officers- To provide the additional commissioned personnel required by this Act the President is authorized to promote, appoint, detail, or attach as temporary Of- ficers in the Signal Corps, including the Aviation Section thereof, officers of the Regular Army, Na- tional Army, or National Guard, or the Officers' Re- serve Corps, or to appoint temporarily enlisted men of the Regular Army, enlisted men of the Enlisted Reserve Corps, or persons from Civil life: ProVided, 3 1867h (Tit. 14 THE ARMY IIPage 252I That no person shall be so promoted, appointed, de- tailed, or attached until he shall have been found physically, mentally, and morally qualified under regulations prescribed by the Secretary of War: Pro- vided further, That officers with rank not above colonel shall be appointed and commissioned by the President alone, irrespective of the rank or grade held by them on the date of the passage of this Act, and that Officers above the grade of Colonel shall be ap- pointed by the President, by and with the advice and Consent of the Senate, irrespective Of the rank Or grade held by them on the date of the passage of this Act. (July 24, 1917, C. 40, § 2, 40; Stat. 243.) § 1867h. Same; increase; enlisted men—To provide the additional enlisted men required by this Act, the President is authorized to raise and main- tain, by voluntary enlistment or by draft, such nulm- ber of enlisted men as he may deem necessary and to embody them into Organizations hereinafter pro- vided for in section four: Provided, That the draft herein provided for shall not apply to any person un- der the age Of tWenty-One years Or to any perSOn above the age of thirty-One years: Provided further, That the grades of chauffeur, first class, and chauf- feur are hereby created in the Signal Corps. The pay and allowances of a chauffeur, first class, shall be the same as a sergeant, first class, in the Signal Corps. Pay and allowances of a Chauffeur shall be the same as a sergeant in the Signal Corps. All chauffeurs while serving as such shall rank with Cor- porals of the Signal Corps and shall be subject to promotion and reduction to any other grade now au- thorized in the Signal Corps. (July 24, 1917, c. 40, § 3, 40 Stat. 243.) § 1867i. Same; increase; organization—The President is hereby authorized to appropriately Of- ficer and organize the personnel of the Signal Corps into . Such number of divisions, brigades, regiments, wings, squadrons, battalions, companies, and flightS as may be necessary, and to increase Or decrease the number of organizations prescribed for the divisions, brigades, regiments, wings, squadrons, battalions, companies, and flights, and to prescribe such new and different organizations and personnel for divisions, brigades, regiments, wings, squadrons, battalions, COIm- panies, and flights as the efficiency of the service may require. e The President is further authorized to Organize such headquarters and headquarters detachments for divisions, brigades, regiments, WingS, Squadrons, bat- talions, Companies, and flights as may be necessary, and to prescribe new and different Organizations for Such headquarters and headquarters detachments whenever the efficiency of the service may require. (July 24, 1917, c. 40, § 4, 40 Stat. 244.) § 1867.j. Same; increase; general officers; temporary appointments—The President, by and with the advice and Consent of the Senate, is author- ized to appoint for the period of the existing emer- gency such general Officers of appropriate grades as may be necessary for staff duty and for duty With Such brigades and divisions of the troops Of the Sig- nal Corps, including the Aviation Section thereof, as may be Organized by the President. - Vacancies in all grades of the Regular Army, Na- tional Army, or National Guard resulting from the temporary appointment of officers thereof to higher grades shall be filled Or Vacated as provided for in sections eight and nine of the Act authorizing the President to increase temporarily the military es- tablishment of the United States and approved May eighteen, nineteen hundred and seventeen. (July 24, 1917, c. 40, § 5, 40 Stat. 244.) § 1867k. Same; increase; rating of aviation officers—Officers detailed in or attached to the avia- tion section of the Signal Corps may, when qualified therefor, be rated as junior military aviators, mili- tary aviators, junior military aeronauts, and military aeronauts, but no person shall be so rated until there shall have been issued to him a certificate to the ef- fect that he is qualified for the rating, and no cer- tificate shall be issued to any person until an exam- ining board, which shall be composed of two officers Of eXperience of the aviation section of the Signal Corps and One medical officer, shall have examined him under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be Qualified for the rating. No person shall receive the rating Of military aviator or military aeronaut until he shall have served creditably for three years as an aviation officer with the rating of a junior mili- tary aviator or the rating of a junior military aero- naut, except that in time of war any officer or en- listed man Who Specially distinguishes himself in a C- tive service may, upon recommendation of the Chief Signal Officer of the Army, be rated as a junior mili- tary aviator, military aviator, junior military aero- naut, or military aeronaut Without regard to exam- ination or to length of service: Provided, That junior military aeronauts and military aeronauts shall be entitled to the same increase in rank and pay as are now authorized by law for junior military aviators and military aviators, respectively: Provided fur- ther, That any officer attached to the aviation section Of the Signal Corps for any military duty requiring him to make regular and frequent flights shall receive an increase of twenty-five per centum of the pay of his grade and length of service under his commission. (July 24, 1917, c. 40, § 6, 40 Stat. 244.) § 1867 l. Same; increase; rating of enlisted men in aviation seetion—The Secretary Of War is authorized from time to time to cause such number Of the enlisted men. Of the aviation Section Of the Signal Corps above the grade of corporal as he may deem necessary to be rated as aviation mechanicians Or as balloon mechanicians in the manner now pre- scribed by law: Provided, That balloon mechanicians shall receive the same increase of pay as now pre- scribed by law for aviation mechanicians. (July 24, 1917, c. 40, § 7, 40 Stat. 245.) § 1867m. Same; increase; pay of officers and enlisted men—All officers and enlisted men of the temporary forces of the Signal Corps, including the aviation section thereof provided for herein, shall be in all respects on the same footing as to pay, allow- ances, and pensions as permanent officers and enlist- ed men of corresponding grades and length of Serv- ice in the Regular Army. Provided, That nothing in this Act shall operate to decrease the present authorized strength of the Regular Army or National Army heretofore authoriz- ed by law. (July 24, 1917, c. 40, § 8, 40 Stat. 245.) § 18671. Same; airships; guns; buildings and vehicles—During the existing emergency authority is hereby given to the President, through the War De- partment, for the purchase, manufacture, maintenance, repair, and operation of airships and other aerial ma- chines, including instruments and appliances of every sort and description necessary for the Operation, COn- struction, or equipment of all types of aircraft, in- cluding guns, armament, ammunition, and all neces- sary spare parts and equipment connected therewith ; and all necessary buildings for equipment and per- Sonnel in the Aviation Section and for the purchase, maintenance, repair, and Operation, through the Chief Signal Officer of the Army, of all motor-propelled. passenger and equipment carrying vehicles which may be necessary for the Aviation Section of the Signal Corps. - - And during the existing emergency authority is hereby further given for the establishment, equipment, maintenance, and operation of aviation stations, in- cluding (a) the acquisition of land, or any interest in land, with any buildings and improvements thereon, by purchase, lease, donation, Condemnation, or other- Ch. 1) a 1868 THE ARMY IPage 253] wise: Provided, That by order of the President any unappropriated or reserved public lands may be re- served from entry, designated, and used for such avia- tion stations; (b) the improvement of such land by clearing, grading, draining, seeding, and otherwise making the same Suitable for the purpose intended; (c) the construction, maintenance, and repair of per- manent or temporary barracks, quarters, hospitals, mess houses, administration, instructional and recrea- tional buildings, hangars, magazines, storehouses, sheds, shops, garages, boathouses, docks, radio Sta- tions, laboratories, observation stations, and all Other buildings and structures necessary or advisable; (d) procuring and introducing water, electric light and power, telephones, telegraph, and sewerage to avia- tion stations and buildings and structures thereon by the extension of existing systems or the creation of new systems and their maintenance, operation and re- pair, installation of plumbing, electric fixtures and telephones, fire apparatus and fire alarm systems and the maintenance, operation and repair of all Such SyS- tems, fixtures and apparatus; (e) construction and repair of roads, walks, sea walls, breakwaters, bridg- es, and Wharves, dredging, filling and Otherwise im- proving land and water sites; (f) purchase Of Stoves and Other cooking and heating apparatus, kitchen and tableWare, and furniture and equipment for kitchens, mess halls, offices, quarters, barracks, hospitals, and other buildings, screens, lockers, refrigerätors, and all Other necessary equipment; (g) purchase of gasoline, Oil, fuel, and all supplies of every kind and Character necessary or advisable for maintenance and operation Of aviation stations, including electric light and pow- er, telephones, water supply and sewerage Service; (h) purchase and manufacture and installation of all kinds of machinery, tools, material, supplies, and equipment for construction, maintenance, and repair of aircraft, buildings, and improvements at aviation stations, or property or appliances used in Connection with aviation. And also for the purchase or manufacture and is- Sue of special clothing, Wearing apparel, and similar equipment for aviation purposes. And also for the actual and necessary expenses Of officers, enlisted men, and civilian employees Of the Army and authorized agents sent on Special duty at home and abroad for aviation purposes, including Ob- Servation and investigation of foreign military Opera- tions and organization, manufacture of aircraft, and engines, also special courses in foreign aviation schools and manufacturing establishments, to be paid upon certificates of the Secretary of War certifying that the expenditures were necessary for military purposes. And also for vocational training, including employ- ment of necessary civilian instructors in important trades related to aviation, purchase of tools, equip- ment, materials, and machines required for such train- ing, purchase of textbooks, books of reference, scien- tific and professional papers, periodicals and maga- zines, and instruments and material for theoretical and practical instruction at aviation schools and sta- tions, and all other means to carry out the provisions of Section twenty-seven of the . Act approved June third, nineteen hundred and sixteen, authorizing, in addition to the military training Of Soldiers while in active service, means for securing educational and vo- cational training of a character to increase their mili- tary efficiency and enable them to return to civil life better equipped for industrial, Commercial, and gen- eral business occupations. And also to pay and Otherwise provide for Such officers of the Officers’ Reserve Corps Of the Aviation Section of the Signal Corps and such enlisted men of the Enlisted Reserve Corps of the Aviation Section of the Signal Corps as may be called into active serv- ice and such enlisted men as may be enlisted in the Aviation Section of the Signal Corps under the pro- visions of Section two of the Act to increase tem- porarily the military establishment of the United States, approved May eighteenth, nineteen hundred and Seventeen, or any subsequent Act temporarily in- Creasing the Commissioned or enlisted perSonnel Of the Aviation Section Of the Signal Corps and Such civilian employees as may be necessary, for the pay- ment of their traveling and Other necessary expenses when not traveling with troops: Provided, That here- after all reserve officers and enlisted men of the Avia- tion Section of the Signal Corps shall be paid by Quartermaster Corps disbursing officers from funds transferred to their credit from Signal Corps appropri- ations. And also for the payment of all expenses in con- nection With the development of suitable types of avi- ation engines, airplanes, and other aircraft appurte- nances, including the cost of sample engines, airplanes, and appurtenances, cost of any patents and other rights therein, and costs of investigation, experimenta- tion, and research in respect thereto. And also for the payment of all expenses in con- nection. With the creation, expansion, acquisition, and Clevelopment of plants, factories, and establishments for the manufacture of airplanes, aircraft, engines, and appurtenances, including provision for the pur- Chase Or lease of land with the buildings thereon, con- Struction of permanent or temporary buildings for all purposes, purchase of machinery, tools, and employ- ment of Operatives, together with all administrative expenses necessary, the purchase and supply of raw and Semifinished materials and of fuel and all other things necessary for creating and extending the pro- duction of airplanes, aircraft, engines, and all ap- purtenances. And also for creating, maintaining, and Operating at technical Schools and colleges courses of instruc- tion for aviation students, including cost of instruc- tion, equipment, and supplies necessary for instruc- tion and Subsistence of students while receiving such instruction. - Provided, That, subject to the approval of the Sec- retary Of War, motor-propelled vehicles, airplanes, en- gines, parts thereof, and appurtenances may be ex- Changed in part payment for new equipment of the Same or similar character to be used for the same purpose as those proposed to be exchanged. Provided further, That during the present emergen- Cy, Officers and enlisted men of foreign armies attach- ed to the Aviation Section of the Signal Corps as in- Structors or inspectors when traveling in the United States on official business pertaining to the Aviation Section of the Signal Corps shall be authorized, from funds appropriated by this Act, the same mileage and transportation allowances as are authorized for of. ficers or enlisted men of the Regular Army. (July 24, 1917, c. 40, § 9, 40 Stat. 245.) § 18670. Same; increase; appropriation—For the purpose of carrying this Act into effect the sum of $640,000,000 is hereby appropriated out of any funds in the Treasury not otherwise appropriated, to be available until June thirtieth, nineteen hundred and eighteen. (July 24, 1917, c. 40, § 10, 40 Stat. 247.) (R. S. § 1121. Superseded.) Provided for appointment of post and regimental Chap- lains. Superseded, with Subsequent provisions, by § 1868. § 1868. Chaplains; number; appointment— The President is authorized to appoint, by and with the advice and Consent of the Senate, Chaplains in the Army, at the rate of One for each regiment of cavalry and infantry in the United States service and twelve for the Corps of artillery, with the rank, pay, and allowances of Captains Of infantry: Provided, That no person shall be appointed a Chaplain in the Regular Army who shall have passed the age of forty years, nor until he shall have established his fitness as required by existing law: And provided, That the office of post chaplain is abolished, and the officers now holding Commissions as chaplains, or who may hereafter be appointed Chaplains, shall be assigned to regiments or to the Corps of artillery. 3 1868 (Tit. 14 THE ARMY IPage 254] - Chaplains may be assigned to such stations as the Secretary Of War shall direct, and they may be transferred, as chaplains, from one branch of the Service Or from One regiment to another by the Secre- tary of War, without further commission. When serving in the field, chaplains shall be furnished with necessary, means of transportation by the Quarter- master’s Department. (Feb. 2, 1901, c. 192, § 12, 31 Stat. 750.) - See § 1868a. - - § 1868a. The chaplaims—The President is au- thorized to appoint, by and with the advice and con- Sent Of the Senate, chaplains in the Army at the rate of not to exceed, including chaplains now in the service, One for each one thousand two hundred offi- cers and men in all branches of the Military Estab- lishment, With rank, pay, and allowances as now au- thorized by law: Provided, That there shall be as- signed at least One Chaplain for each regiment of Cavalry, Infantry, Field Artillery, and Engineers: Provided further, That the persons appointed under this Act shall be duly accredited by some religious denomination or organization and of good standing therein, under such regulations as may be prescribed by the Secretary of War: And provided further, That InO person shall be appointed chaplain in the Army who on the date of appointment is more than forty- five years of age. (June 3, 1916, c. 134, § 15, 39 Stat. 176, amended, May 12, 1917, c. 12, 40 Stat. 72, and May 25, 1918, c. 85, 40 Stat.) This section supersedes most of the provisions of § 1868. § 1868b. Same; chaplains at large—The Presi- dent may appoint for service during the present emergency not exceeding twenty chaplains at large for the United States Army representing religious sects not recognized in the apportionment of Chap- lains now recognized by law: Provided, That no person shall be eligible to such appointment unless he be at the time of his appointment a citizen of the TJnited States. (Oct. 6, 1917, c. 94, 40 Stat. 394.) §§ 1869, 1870. [Superseded.] These sections, relating to the Chaplains, were super- seded by § 1868a. § 1871. Same; qualifications—No person shall be appointed as regimental [or post chaplain] until ſhe shall furnish proof that he is a regularly-Ordained minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for such appointment from some authorized ecclesiastical body, Or from not less than five accredited ministers of said denomination. (R. S. § 1123.) - Text in brackets superseded by § 1868. § 1872. Šame; examination for appointment —No person in civil life shall hereafter be appointed a [judge-advocate, paymaster, Orl chaplain until he shall have passed satisfactorily Such examination as to his moral, mental, and physical qualifications as may be prescribed by the President. (March 2, 1899, c. 352, § 7, 30 Stat. 979.) Text in brackets superseded by §§ 1775, 1797. § 1873. Same; rank, retirement, and pen- sions—Chaplains shall have the rank of Captain. Of infantry, without command, and shall be On the same footing with other officers of the Army, as to tenure of office, retirement, and pensions. (R. S. § 1122.) § 1874. Same; promotion and rank, pay, and allowances—Hereafter the President may, from time to time, select from among the chaplains Of the Army any chaplains having not less than ten years' service, in the grade of captain, who shall have been commended as worthy of special distinction for ex- ceptional efficiency by the regimental or district Com- manders with whose commands they may be Serv- ing as chaplains, approved through regular military channels, and may, with the advice and consent of the Senate, promote such regimental or artillery chaplains to be chaplains with the grade, pay, and allowances of major; every such promotion being made with a view to active service until the statu- tory age for the compulsory relinquishment thereof, except in cases of physical disability incurred in the line of duty: Provided, That the total number in active Service so promoted shall not at any time ex- ceed fifteen, and that the remaining chaplains shall have the grade, pay, and allowances of captain, mounted, after they shall have completed seven years of service: And provided further, That all persons who may hereafter be appointed as chaplains shall have the grade, pay, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. (April 21, 1904, c. 1404, § 1, 33 Stat. 226.) § 1875. Same; official designation—All Officers provided for in this Act shall have a uniform desig- nation in official address as chaplains of their re- spective regiments or of the Artillery Corps. (April 21, 1904, c. 1404, § 2, 33 Stat. 226.) § 1876. Same; effect as to existing chaplains —Nothing in this Act shall be construed as depriv- ing any chaplain of his commission in the Army, or as interfering with existing law pertaining to regi- mental and COrps assignmentS or transfers, and that nothing herein Contained shall be held Or Construed to increase the number of chaplains, as now author- ized by law, or to reduce the grade of any now serv- ing. (April 21, 1904, c. 1404, § 3, 33 Stat. 226.) § 1877. Same; duties as school-teachers—The duty of chaplains of regiments of colored troops [and of post-Chaplains] shall include the instruction of the enlisted men in the Common English branches of edu- Cation. (R. S. § 1124.) Text in brackets superseded by § 1868. schools at posts, etc., see § 1988. § 1878. Same; duties as clergymen—All regi- mental Chaplains [and post-Chaplains] shall, when it may be practicable, hold appropriate religious Serv- ices, for the benefit of the commands to which they may be assigned to duty, at least Once On each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. (R. S. § 1125.) Text in brackets superseded by § 1868. - § 1879. Same; reports—[Post, hospital and regimental Chaplains shall make monthly reports to the Adjutant-General of the Army, through the usual military channels, of the moral condition and general history of the regiments or posts to which they may be attached. (R. S. § 1126, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) Text in brackets superseded by § 1868. - § 1880. Same; facilities to—It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. (R. S. § 1127.) § 1881. Chiefs of corps and departments—The [Adjutant-General, the Quartermaster-General, the Commissary-General of Subsistence, the Surgeon- General, the Chief of Engineers, [the Chief of Ord- nance, and the Paymaster-General] shall be appointed by selection from the corps to which they belong. (R. S. § 1193.) See §§ 1895, 1905, as to the selection of the officers whose names are inclosed in brackets. - (R. S. § 1194. Repealed.) Provided against new appointments and promotion in departments of Adjutant-General or of Inspector-General, or in Pay, Quartermaster’s, Subsistence, Ordnance, or Medical Departments. Repealed by Act June 23, 1874, c. 458, § 8, 18 Stat. 245, Act March 3, 1875, c. 126, § 4, 18 : Stat. 339, Act March 3, 1875, c. 142, 18 Stat. 478, Res. March 3, 1875, No. 7, 18 Stat. 524, and Act March 3, 1877, c. 100, 19 Stat. 270. - § 1881a. The Officers’ Reserve Corps—For the purpose of securing a reserve of officers available for service as temporary officers in the Regular Army, as provided for in this Act and in section eight of the Act approved April twenty-fifth, nineteen hundred and fourteen, as officers of the Quartermaster Corps and other staff Corps and departments, as Officers for re- cruit rendezvous and depots, and as officers of vol- Establishment of unteers, there shall be organized, under such rules Ch. 1) 3 1881b. THE ARMY and regulations as the President may prescribe not inconsistent with the provisions of this Act, an Of- ficers’ Reserve Corps of the Regular Army. Said corps shall consist of sections corresponding to the various arms, staff corps, and departments of the Regular Army. Except as otherwise herein provided, a member of the Officers’ Reserve Corps shall not be subject to call for service in time of peace, and when- ever called upon for Service shall not, Without his consent, be so called in a lower grade than that held by him in said reserve Corps. *. The President alone shall be authorized to appoint and commission as reserve Officers in the Various Sec- tions of the Officers' Reserve Corps, in all grades up to and including that of major, such citizens as, upon examination prescribed by the President, shall be found physically, mentally, and morally qualified to hold such commissions: Provided, That the propor- tion of officers in any section of the Officers' Reserve Corps shall not exceed the proportion for the same grade in the corresponding arm, corps, or depart- ment of the Regular Army, except that the number commissioned in the lowest authorized grade in any section of the Officers’ Reserve Corps Shall not be limited. . - All persons now carried as duly qualified and reg- istered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three, shall, for a period of three years after the passage of this Act, be eligible for appoint- ment in the Officers’ Reserve Corps in the section Corresponding to the arm, corps, or department for which they have been found qualified, without fur- ther examination, except a physical examination, and subject to the limitations as to age and rank herein prescribed: Provided, That any person who on June third, nineteen hundred and sixteen, was carried as qualified and registered in the grade of colonel or lieutenant colonel pursuant to the provisions of the Act of January twenty-first, nineteen hundred and three, or any person holding a commission as colonel or lieutenant colonel in the National Guard of any State, Territory, or the District of Columbia on June third, nineteen hundred and sixteen, who has served satisfactorily as such in the service of the United States under the call of May ninth, nineteen hundred and sixteen, or that of June eighteenth, nineteen hun- dred and sixteen, may be commissioned or recommis- Sioned in the Officers’ Reserve Corps with rank for which he had been found qualified and registered, or which he held in the National Guard on June third, nineteen hundred and sixteen, or while in the service of the United States; but when such person shall be- come thereafter separated from the Officers’ Reserve Corps for any reason, the vacancy so caused shall not be filled and Such Office shall Cease and determine. No person shall, except as hereinafter provided, be appointed or reappointed a second lieutenant in the Officers' Reserve Corps after he shall have reached the age of thirty-two years, a first lieutenant after he shall have reached the age of thirty-six years, a Captain after he shall have reached the age of forty years, Or a major after he shall have reached the age of forty-five years. When an officer of the Re- serve Corps shall reach the age limit fixed for ap- pointment or reappointment in the grade in which commissioned he shall be honorably discharged from the service of the United States, and be entitled to retain his official title and, On occasions of ceremony, to wear the uniform of the highest grade he shall have held in the Officers' Reserve Corps: Provided, That nothing in the foregoing provisions as to the ages of officers shall apply to the appointment or re- appointment of officers of the Quartermaster, Engi- neer, Ordnance, Signal, Judge Advocate, and Medical sections of said Reserve Corps. One year after the passage of this Act the Medical Reserve Corps, as now constituted by law, shall cease to exist. Members thereof may be commission- [Page 255] ed in the Officers' Reserve Corps, subject to the pro- visions of this Act, or may be honorably discharged from the service. The Secretary of War may, in time of peace, order first lieutenants of the medical sec- tion of the Officers’ Reserve Corps, with their con- sent, to active duty in the service of the United States in such numbers as the public interests may require and the funds appropriated may permit, and may relieve them from such duty when their services are no longer necessary. While on such duty they shall receive the pay and allowances, including pay for periods of sickness and leaves of absence, of Offi- CerS Of Corresponding rank and length of active serv- ice in the Regular Army. . The commissions of all Officers of the Officers' Re- serve Corps shall be in force for a period of five years unless SOOmer terminated in the discretion of the President. Such officers may be recommissioned, either in the same or higher grades, for successive periods of five years, subject to such examinations and qualifications as the President may prescribe and to the age limits prescribed herein : Provided, That officers of the Officers' Reserve Corps shall have rank therein in the various Sections Of Said Reserve Corps according to grades and to length of service in their grades. (June 3, 1916, c. 134, § 37, 39 Stat. 189, amended, May 12, 1917, c. 12, 40 Stat. 73.) . Appointment of graduates of Reserve Officers’ Training. Corps as officers in . Officers’ Reserve Corps, see § 1881m. Appointment of graduates of educational institutions main- taining Reserve Officers’ Training Corps as officers of Of- ficers’ Reserve Corps, see § 18810. Appointment of officers. of Officers’ Reserve Corps as temporary second lieutenants, see § 1881p. Appointment of certain former officers to Of- ficers’ Reserve Corps, see §§ 1881aa, 1881aaa. Provisions. relating to Medical Reserve Corps, see §§ 1816–1818, 2049. Act April 25, 1914, c. 71, § 8, is $ 1905a. Act Jan. 21, 1903, c. 196, § 23, is § 2042. - § 1881aa. Same; appointment of former offi- cers to—Any former officer of the Regular Army, the Volunteer Army, the Organized Militia, or the Na- tional Guard, under the age of sixty-four years and who has resigned or been honorably discharged from the service after a total commissioned service of not less than three years in in either the Regular Army, the Volunteer Army, the Organized Militia, or the National Guard, may, upon such examination and within such age limits as may be prescribed by the |President, be appointed and COmmissioned, in the discretion of the President, in any appropriate arm, staff corps, department or section of the Officers' Re- serve Corps, with rank not more than one grade higher than any previously held by the Officer in ei- ther of said forces, but in no case above that of lieu- tenant colonel. (May 12, 1917, c. 12, 40 Stat. 73.) § 1881aaa. Officers’ Reserve Corps and Nation- ai Army; appointment in to certain grades in designated corps—During the existing emergency the President is authorized, in addition to the grades now authorized, to appoint in the Officers' Reserve Corps. and the National Army in the grades of second and first lieutenant in the Quartermaster COrps ; Second lieutenant in the Ordnance Corps and Signal Corps; second lieutenant, first lieutenant, and captain in The Adjutant General’s Department, such citizens as shall be found physically, mentally, and morally qual- ified for appointment. T}uring the existing emergency no member of the Officers' Reserve Corps shall be discharged by reason of reaching the age limits provided in section thirty- seven of the national defense Act approved June third, nineteen hundred and sixteen. (Oct. 6, 1917, c. 91, 40 Stat. 393.) - § 1881b. The Officers’ Reserve Corps in war —In time Of actuai or threatened hostilities the President may Order officers of the Officers’ Reserve Corps, subject to such subsequent physical examina- tions as he may prescribe, to temporary duty with the Regular Army in grades thereof which can not, for the time being, be filled by promotion, Or as Offi- cers in volunteer or other organizations that may be & 1881b (Tit. 14 THE ARMY | [Page 256.] authorized by law, or as officers at recruit rendez- VOuz and depots, or On Such other duty as the Presi- dent may prescribe. While such reserve officers are On Such service they shall, by virtue of their com- missions as reserve officers, exercise command ap- Tyropriate to their grade and rank in the organizations to Which they may be assigned, and shall be entitled to the pay and allowances of the Corresponding grades in the Regular Army, with increase of pay for 1ength of active service, as allowed by law for Officers Of the Regular Army, from the date upon which they Shall be required by the terms of their Orders to obey the same: Provided, That officers so ordered to active service shall take temporary rank among themselves, and in their grades in the organizations to Which assigned, according to the dates of orders placing them on active service; and they may be promoted, in accordance with such rank, to vacancies in Volunteer organizations or to temporary vacancies in the Regular Army thereafter occurring in the or- ganizations in which they shall be serving : Provided further, That officers of the Officers' Reserve Corps Shall not be entitled to retirement or retired pay, and Shall be entitled to pension only for disability incur- red in the line of duty and while in active service. Any officer who, while holding a commission in the Officers’ Reserve Corps, shall be ordered to active Service by the Secretary of War shall, from the time he shall be required by the terms of his order to obey the Same, be subject to the laws and regulations for the government of the Army of the United States, in SO far as they are applicable to officers whose per- manent retention in the military service is not con- templated. (June 3, 1916, c. 134, § 38, 39 Stat. 190.) See § 3047. § 1881bb. Officers’ Reserve Corps; recommis- sion of certain officers—Any officer of the Officers’ Reserve Corps called for service with his consent in a lower grade than that held by him in said Reserve Corps shall, subject to such physical examination as may be prescribed, be considered eligible for recom- mission in such lower grade. (May 12, 1917, C. 12, 40 Stat. 74.) § 1881c. Instruction of officers of the Officers’ Reserve Corps—To the extent provided for from time to time by appropriations for this specific purpose, the Secretary of War is authorized to order reserve offi- cers to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one Calendar year, and While so serving such Officers shall receive the pay and allowances of their respective grades in the Regular Army: Provided, That, with the consent of the reserve officers con- cerned, and within the limit of funds available for the purpose, such periods of duty may be extended for reserve officers as the Secretary of War may direct: Provided further, That in time of actual or threatened hostilities, after all available officers of any section of the Officers’ Reserve Corps corresponding to any arm, Corps, or department of the Regular Army shall have been Ordered into active service, Officers of Volunteers may be appointed in such arm, Corps, or department as may be authorized by law : Provided further, That nothing herein shall operate to prevent the appoint- ment of any officer of the Regular Army as an Officer Of Volunteers before all the Officers Of the OfficerS' Reserve Corps Or any Section thereof shall have been ordered into active service: And provided further, That in determining the relative rank and the right to retirement of an officer of the Regular Army, ac- tive duty performed by him while serving in the Of- ficers' Reserve Corps shall not be reckoned. (June 3, 1916, c. 134, § 39, 39 Stat. 19.1.) § 1881cc. Officers’ Reserve Corps; leaves of absence to officers and exmployees of United States or District of Columbia–All Officers and employees of the United States or of the District of Columbia who shall be members Of the Officers’ Re- serve Corps shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be Ordered to duty with troops or at field exercises, Or for instruction, for periods not to exceed fifteen days in any one calendar year. (May 12, 1917, c. 12, 40 Stat. 72.) - r § 1881 ccc. Same; restoration to positions of employees of Jnited States or District of Colum- loia ordered to duty—Members of the Officers' Re- Serve Corps who are in the employ of the United States Government or of the District of Columbia and Who are ordered to duty by proper authority shall, When relieved from duty, be restored to the positions held by them when ordered to duty. (May 12, 1917, c. 12, 40 Stat. 72.) § 1881d. The Reserve Officers’ Training Corps —The President is hereby authorized to establish and maintain in civil educational institutions a Reserve Officers’ Training Corps, which shall consist of a sen- ior division organized at universities and colleges re- Quiring four years of collegiate study for a degree, including State universities and those State institu- tions that are required to provide instruction in mili- tary tactics under the provisions of the Act of Con- greSS Of July Second, eighteen hundred and sixty- tWO, donating lands for the establishment of colleges Where the leading object shall be practical instrug- tion in agriculture and the mechanic arts, including military tactics, and a junior division organized at all Other public or private educational institutions, ex- Cept that units of the senior division may be organ- ized at those essentially military schools which do not Confer an academic degree but which, as a result of the annual inspection of such institutions by the War Department, are specially designated by the Secretary of War as qualified for units of the senior division, and each division shall consist of units of the several arms or Corps in such number and of such strength as the President may prescribe. (June 3, 1916, c. 134, § 40, 39 Stat. 191.) s Other. provisions for military instruction in educational institutions, see chapter 4A of this Title. § 1881e. Samle; units at educational institu- tions—The President may, upon the application of any State institution described in section forty of this Act, establish and maintain at such institution One or more units of the Reserve Officers’ Training COrps: Provided, That no such unit shall be estab- lished or maintained at any such institution until an Officer of the Army shall have been detailed as pro- fessor of military science and tactics, nor until such institution Shall maintain under military instruction at least one hundred physically fit male students. (June 3, 1916, c. 134, § 41, 39 Stat. 191.) § 1881 f. Same; units at educational institu- tions—The President may, upon the application of any established educational institution in the United States other than a State institution described in Section forty of this Act, the authorities of which agree to establish and maintain a two years' elective Or Compulsory course of military training as a mini- mum for its physically fit male students, which course When entered upon by any student shall, as regards Such student, be a prerequisite for graduation, os- tablish and maintain at Such institution One or more units of the Reserve Officers' Training Corps: Pro- Vided, That no such unit shall be established or main- tained at any Such institution until an Officer of the Army shall have been detailed as professor of mili- tary science and tactics, nor until such institution shall maintain under military instruction at least One hundred physically fit male students. (June 3, 1916, c. 134, § 42, 39 Stat. 191.) § 1881g. Same; units at educational institu- tions; training—The Secretary of War is hereby au- thorized to prescribe Standard Courses of theoretica} and practical military training for units of the Re. serve Officers’ Training Corps, and no unit of th? Senior division shall be Organized Or maintained at Ch. 1) # 1881. THE ARMY [Page 257] any educational institution the authorities of which fail or neglect to adopt into their Curriculum the pre- scribed Courses of military training for the senior division Or to devote at least an average Of three hours per Week per academic year to such military training ; and no unit of the junior division shall be Organized or maintained at any educational institu- tion the authorities of which fail or neglect to adopt into their curriculum the prescribed courses Of mili- tary training for the junior division, or to devote at least an average of three hours per week per academic year to such military training. (June 3, 1916, c. 134, § 43, 39 Stat. 192.) § 1881.h.. Same; units at educational institu- tions; membership in-Eligibility to membership in the Reserve Officers’ Training Corps shall be limited to Students of institutions in which units Of Such Corps may be established who are citizens of the Unit- ed States, who are not less than fourteen years of age, and whose bodily condition indicates that they are physically fit to perform military duty, or will be So upon arrival at military age. (June 3, 1916, c. 134, § 44, 39 Stat. 192.) - § 1881 i. Same; units at educational institu- tions; details of officers to—The President is here- by authorized to detail such numbers of officers of the Army, either active or retired, not above the grade of Colonel, as may be necessary, for duty as professors and assistant professors of military science and tactics at institutions Where One Or more units of the Reserve Officers’ Training Corps are maintain- ed; but the total number Of active OfficerS SO detailed at educational, institutions shall not exceed three hun- dred, and no active officer shall be so detailed who has not had five years’ commissioned service in the Army. In time Of peace retired Officers shall not be detailed under the provisions of this section without their consent. Retired officers below the grade of lieutenant Colonel so detailed shall receive the full pay and allowances of their grade, and retired Officers above the grade of major so detailed shall receive the Same pay and allowances as a retired major would receive under a like detail. No detail of officers on the active list of the Regular Army under the provi- sions of this section shall extend for more than four years. (June 3, 1916, c. 134, § 45, 39 Stat. 192.) § 1881j. Same; tions; details of enlisted men to—The President is hereby authorized to detail for duty at institutions Where One Or more units of the Reserve Officers’ Train- ing Corps are maintained such number of enlisted men, either active or retired or of the Regular Army Reserve, as he may deem necessary, but the number Of active nonCOmmissioned officers so detailed shall not exceed five hundred, and all active noncommis- SiOned Officers SO detailed shall be additional in their respective grades to those otherwise authorized for the Army. Retired enlisted men or members of the Regular Army Reserve shall not be detailed under the proVisions of this section without their consent. While so detailed they shall receive active pay and allowances. (June 3, 1916, c. 134, § 46, 39 Stat. 192.) § 1881jj. Same; units at educational institu- tions; Act June 3, 1916, c. 134, §§ 45, 46, 56, suspendied—Sections forty-five, forty-six, and fifty-six Ol an Act entitled “An Act for making further and more effectual provision for the national defense, and for other purposes,” approved June third, nineteen hundred and sixteen, be, and they hereby are, sus- pended for and during the period of the present war, but for such period Only, and that upon the termi- nation of said War said Suspension shall cease and terminate and said sections shall thereupon be and be- Come reinstated and Of the same force and effect as if this suspension had not been made. (April 17, 1918, c. 56, § 1, 40 Stat.) The sections suspended by this section are $$ 1881i, 1881j, 2289a. COMP.S.T.’18—17 units at educational institu- . § 1881jjj. Same; units at educational insti- tutions; temporary detail of officers to—That during the present war the President be, and he hereby is, authorized to detail such number of officers of the Army of the United States, either active or retired, not above the grade of colonel, as may be necessary for duty as professors and assistant professors of military Science and tactics at institutions where One or more units of the Reserve Officers' Training Corps are main- tained ; but the total number of active Officers SO Öetailed at educational institutions shall not exceed One thousand, and no officer shall be so detailed who has not had at least One year’s Commissioned service in the Army of the United States. Retired officers below the grade of lieutenant colonel so detailed shall receive the full pay and allowances of their grade, and retired Officers above the grade Of major SO detailed shall receive the same pay and allowances as a re- tired major would receive under like detail. (April 17, 1918, c. 56, § 2, 40 Stat.) § 1881jjjj. Samle; units at educational insti- tutions; temporary detail of enlisted men to— That during the present War the President be, and he hereby is, authorized to detail for duty at institutions Where One or more units of the Reserve Officers’ Train- ing Corps are maintained such number of enlisted men, either active or retired, of the Army of the United States as he may deem necessary, but the active nonCommissioned officers so detailed shall have had at least One year’s active service, and the total number of such active noncommissioned officers so de- tailed shall not exceed three thousand, and shall be additional in their respective grades to those other- Wise authorized for the Army of the United States. While detailed under the provisions of this section re- tired noncommissioned officers of the Army of the United States shall receive active pay and allowances. (April 17, 1918, c. 56, § 3, 40 Stat.) - § 1881k. Same; units at educational institu- tions; issue of arms to—The Secretary of War, un- der Such regulations as he may prescribe, is hereby authorized to issue to institutions at which one or more units of the Reserve Officers' Training Corps are maintained Such public animals, arms, uniforms, equipment, and means of transportation as he may deem necessary, and to forage at the expense of the United States public animals so issued. He shall re- quire from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safe-keeping thereof, and for its return when required. (June 3, 1916, e. 134, § 47, 39 Stat. 192.) See, also, chapter 4A of this Title. § 1881kk. Same; units at educational insti- tutions; commutation for uniforms supplied--- The Secretary of War may, in his discretion and un- der Such regulations as he may prescribe, permit such institutions to furnish their own uniforms and re- ceive as commutation therefor the sum allotted by the Secretary of War to such institutions for uniforms. (May 12, 1917, c. 12, 40 Stat. 71.) § 1881b. Same; camps for instruction—The Secretary of War is hereby authorized to maintain Camps for the further practical instruction of the members of the Reserve Officers' Training Corps, no Such camps to be maintained for a period longer than Six Weeks in any one year, except in time of actual Or threatened hostilities; to transport members of Such Corps to and from such camps at the expense of the United States so far as appropriations will per- mit: to Subsist them at the expense of the United States while traveling to and from such camps and While remaining therein so far as appropriations will permit ; to use the Regular Army, such other mili- tary forces as Congress from time to time authorizes, and Such Government property as he may deem neces. Sary for the military training of the members of such Corps While in attendance at Such cannps; to prescribe # 1881m (Tit. 14 THE ARMY IPage 258] regulations for the government of Such corps; and to authorize, in his discretion, the formation of COmpany units thereof into battalion and regimental unitS. (June 3, 1916, c. 134, § 48, 39 Stat. 193.) § 1881m. Same; appointment of graduates of as officers in Officers’ Reserve Corps—The Presi- dent alone, under such regulations as he may pre- scribe, is hereby authorized to appoint in the Officers' Reserve Corps any graduate of the senior division of the Reserve Officers’ Training Corps who shall have satisfactorily completed the further training provided for in section fifty of this Act, or any graduate of the junior division who shall have satisfactorily Complet- ed the courses of military training prescribed for the Senior division and the further training provided for in Section fifty Of this Act, and shall have partici- pated in Such practical instruction Subsequent to graduation as the Secretary of War shall prescribe, Who Shall have arrived at the age of twenty-One years and who shall agree, under Oath in writing, to serve the United States in the capacity of a reserve officer of the Army during a period of at least ten years from the date Of his appointment as Such reserve Officer, unless SOOner discharged by proper authority ; but the total number of reserve officers so appointed shall not exceed fifty thousand: Provided, That any grad- uate qualified under the provisions of this section un- dergoing a postgraduate COurse at any institution Shall not be eligible for appointment as a reserve Officer While undergoing Such postgraduate Course, but his ultimate eligibility upon completion of such postgrad- uate COurse for Such appointment shall not be affected because Of his having undergone such postgraduate course. (June 3, 1916, c. 134, § 49, 39 Stat. 193.) § 1881m. Same; subsistex ice commutation— When any member of the senior division of the Re- serve Officers’ Training Corps has completed two aca- demic years of service in that division, and has been selected for further training by the president of the institution and by its professor of military science and tactics, and has agreed in writing to continue in the Reserve Officers’ Training Corps for the remainder of his course in the institution, devoting five hours per week to the military training prescribed by the Sec- retary of War, and has agreed in writing to pursue the courses in camp training prescribed by the Sec- retary of War, he may be furnished, at the expense Of the United States, with Commutation of Subsistence at . Such rate, not exceeding the cost of the garrison ration prescribed for the Army, as may be fixed by the Secretary of War, during the remainder of his service in the Reserve Officers’ Training Corps. (June 3, 1916, c. 134, § 50, 39 Stat. 193.) § 1881mm. Same; subsistence commutation; credit for other military instruction—In the in- terpretation and execution of section fifty Of the Act of Congress approved June third, nineteen hundred and sixteen, credit shall be given as for service in the Senior division of the Reserve Officers’ Training Corps to any member of that division for any period or pe- riods of time during which such member has receiv- ed. Or Shall have received at an educational institution under the direction of an officer of the Army, detail- ed as professor of military science and tactics, a course of military training substantially equivalent to that prescribed by regulations under this section for the Corresponding period or periods of training of the senior division, Reserve Officers’ Training Corps. (Sept. 8, 1916, c.478, 39 Stat. 853.) § 18810. Same; unit; at educational institu- tions; graduates as officers in Officers’ Reserve Corps—Any physically fit male citizen. Of the United States, between the ages of twenty-one and twenty- seven years, who shall have graduated prior to the date of this Act from any educational institution at which an officer of the Army was detailed as profes- sor of military science and tactics, and who, while a Student at such institution, Completed courses of mili- tary training under the direction of such professor of military Science and tactics substantially equivalent to those prescribed pursuant to this Act for the senior division, shall, after satisfactorily completing such ad- ditional practical military training as the Secretary of War shall prescribe, be eligible for appointment to the Officers' Reserve Corps and as a temporary ad- ditional Second lieutenant in accordance with the terms of this Act. (June 3, 1916, c. 134, § 51, 39 Stat. 193.) § 1881p. Officers’ Reserve Corps; certain offi- cers as temporary second lieutenants—The Presi- dent alone is hereby authorized to appoint and com- mission as a temporary second lieutenant of the Reg- ular Army in time of peace for purposes of instruc- tion, for a period not exceeding six months, with the allowances now provided by law for that grade, but With pay at the rate of $100 per month, any reserve Officer appointed pursuant to sections forty-nine and fifty-One of this Act and to attach him to a unit of the Regular Army for duty and training during the period Covered by his appointment as such temporary Second lieutenant, and upon the expiration of such Service with the Regular Army such officer shall re- Vert to his status as a reserve officer. (June 3, 1916, c. 134, § 52, 39 Stat. 194.) § 1881 q. Reserve officers or temporary second lieutenants; retirement—No reserve officer or tem- porary Second lieutenant appointed pursuant to this Act shall be entitled to retirement or to retired pay and shall be eligible for pension only for disability in- Curred in line of duty in active service or while Serv- ing with the Regular Army pursuant to the provisions Of this Act: Provided, That in time of war the Pres- ident may Order reserve officers appointed under the provisions of this Act to active duty with any of the military forces of the United States in any grades not below that of second lieutenant, and while on Such active duty they shall be subject to the Rules and Articles of War. (June 3, 1916, c. 134, § 53, 39 Stat. 194.) - ENLISTMENT AND DISCHARGE OF ENLISTED MEN ; ARMY RESERVE (R. S. § 1115. Superseded.) Related to strength of enlisted force of Army. Super- seded, with subsequent provisions, by §§ 1741, 1882a. § 1882. Strength of organizations during emergencies—When in the judgment Of the President an emergency arises which makes it necessary, all organizations of the Army which are now below the maximum enlisted strength authorized by law shall be raised forthwith to that strength, and shall be maintained as nearly as possible thereat so long as the emergency shall continue: [Provided, That the total enlisted strength of any of Said arms of the service shall not include unassigned recruits therefor at depots or elsewhere, but such recruits shall at no time exceed by more than five per centum the total enlisted strength prescribed for such arms;] and the enlisted men now or hereafter authorized by law for other branches of the military service shall be pro- vided and maintained without any impairment of the enlisted strength prescribed for any of said arms. (March 17, 1916, c. 46, 39 Stat. 36.) Text in brackets superseded by § 1882a. And see § 1991b as to rest of section. Volunteer organizations at maximum strength, see § 2027. And see, also, § 2026g. § 1882a. Strength of enlisted force of line of Regular Army—The total enlisted force of the line of the Regular Army, excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps, of the Medical Department, and of the Signal Corps, and the unassigned recruits, shall not at any one time, except in the event of actual or threatened War or similar emergency in which the public Safety demands it, exceed one hundred and seventy-five thousand men: Provided further, That the unassigned recruits at depots or elsewhere shall at no time, except in time of war, exceed by more than seven per Centum the Ch. 1) & 1891b THE ARMY total authorized enlisted strength. (June 3, 1916, C. 134, § 2, 39 Stat. 166.) - Further as to enlisted strength, total force of line, see § 1741; outside United States, see § 1883; in the line, see § 1736a.; Coast Artillery, see § 1732; Quartermaster Corps, See § 1780; Medical Corps, see § 1829a; Engineer Corps, See § 1842. - § 1882b. Enlisted strength exclusive of sol- diers under sentence—The authorized enlisted strength Of the Army and of organizations thereof shall be exclusive of soldiers under sentences which include confinement and dishonorable discharge. (April 27, 1914, c. 72, 38 Stat. 354.) § 1882e. IMinimum strength of enlisted force— Hereafter the enlisted personnel of all organizations Of the Regular Army shall at all times be maintained at a strength not below the minimum strength fixed by law. (June 3, 1916, c. 134, § 2, 39 Stat. 166.) § 1883. Enlistment in excess of strength to fill vacancies—To fill vacancies occurring from time to time in the several organizations serving without the limits of the United States with trained men, the Pres- ident is authorized to enlist recruits in numbers equal to four per Centum in excess of the total strength au- thorized for such organizations. (Feb. 2, 1901, c. 192, § 29, 31 Stat. 756.) - - - § 1884. General qualifications for enlistment— Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of [sixteen] and thirty-five years, at the time of their enlistment. This limitation as to age shall not apply to soldiers re- enlisting. (R. S. § 1116.) - Text in brackets superseded by § 1889. . 1885a, 1886, 1889. § 1885. (R. S. § 1117.) [Superseded.] This section was superseded by § 1885a. § 1885a. der the age of eighteen years shall be enlisted Or mus- tered into the military service of the United States without the written consent of his parents or guard- See, also, §§ ians, provided that such minor has such parents or guardians entitled to his Custody and Control. (June 3, 1916, c. 134, § 27, 39 Stat. 186.) § 1886. Persons not to be enlisted—NO minor under the age of [sixteen] years, no insane or intox- icated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service. (R. S. § 1118, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) - Text in brackets superseded by § 1889. See § 3954. . . - (R. S. § 1119. Superseded.) Prescribed the term of enlistments in Army. ed, with subsequent provisions, by §§ 1888, 1891a. § 1887. [Repealed.] - - This section (R. S. § 1120) providing for a premium of $2 §ºulº. was repealed by Act May 12, 1917, c. 12, 40 § 1887a. Enlistments through postmasters- The President is authorized in his discretion to utilize the services of postmasters of the second, third, and As to deserters, fourth classes in procuring the enlistment of recruits for the Army, and for each recruit accepted for en- listment in the Army, the postmaster procuring his enlistment shall receive the sum of $5. c. 134, § 27, 39 Stat. 186.) 2. § 1888. Term of enlistment; qualifications- EHereafter all enlistments in the Army shall be for the term of [three] years, and no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful; and in time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, Or Who Can not speak, read, and write the English language, or who is over [thirty] years of age, shall be enlisted for the first enlistment in the Army. (Aug. 1, 1894, c. 179, § 2, 28 Stat. 216.) Text in brackets superseded by §§ 1891a, 1889. As to prohibition against re-enlistment in this section, See § 3954. [Page 259] Enlistment of minors—No person un- Supersed- (June 3, 1916, § 1889. Dimits of age for original enlist- ments—The limits of age for original enlistments in the Army shall be eighteen and thirty-five years. (March 2, 1899, c. 352, § 4, 30 Stat. 978.) - § 1890. Citizens of Porto Rico eligible for enlistment—Citizens of Porto Rico shall be eligible for enlistment in the Regular Army. (March 2, 1903, c. 975, 32 Stat. 934.) § 1891. Re-enlistment in time of war—For the purpose of utilizing as an auxiliary to the Regu- lar Army Reserves the services of men who have had experience and training in the Regular Army, Or in the United States Volunteers, Outside of the Conti- nental limits of the United States, in time of actual or threatened hostilities, and after the President shall, by proclamation, have called upon honorably discharg- ed soldiers of the Regular Army to present them- selves for reenlistment therein within a Specified. period, subject to such conditions as may be prescrib- ed, any person who shall have been discharged hon- orably from said Army, with character reported as at least good, and who, having been found physically qualified for the duties of a soldier, if not over fifty years of age, shall reenlist in the line Of Said Army, or in the Signal, Quartermaster, or Medical Depart- ment thereof, within the period that shall be specified in said proclamation, shall receive on so reenlisting a bounty which shall be computed at the rate of $8 for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment there- in under the terms of said proclamation; at the rate of $6 per month for the second year of such period; at the rate of $4 per month for the third year of Such period; and at the rate of $2 per month for any. Subsequent year Of Such period; but no bounty in excess of $300 shall be paid to any person under the terms of this section. (June 3, 1916, c. 134, § 34, 39 Stat. 188.) - ... ºf § 1891a. Enlistments in the Regular. Army- On and after the first day of November, nineteen hundred and sixteen, all enlistments in the Regular Army shall be for a term of seven years, the first three years to be in the active service with the or- ganizations of which those enlisted form a part and, except as otherwise provided herein, the last four years in the Regular Army Reserve hereinafter pro- vided for: Provided, That at the expiration of three years' continuous service with such organizations, ei- ther under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, in which event he shall receive his final discharge from his prior enlistment: Provided further, That after the expiration of one year's honorable service any enlisted man serving within the continental limits of the United States whose company, troop, battery, or detachment com- mander shall report him as proficient and sufficiently trained may, in the discretion of the Secretary of War, be furloughed to the Regular Army Reserve un- der such regulations as the Secretary of War may prescribe, but no man furloughed to the reserve shall be eligible to reenlist in the service until the expira- tion of his term of seven years: Provided further, That in all enlistments hereafter accomplished under the provisions of this Act three years shall be counted as an enlistment period in computing continuous- Service pay: Provided further, That any non-commis- Sioned officer discharged with an excellent character shall be permitted, at the expiration of three years in the active service, to reenlist in the Organization from which discharged with the rank and grade held by him at the time Of his discharge if he reenlists within twenty days after the date of such discharge, (June 3, 1916, c. 134, § 27, 39 Stat. 185.) § 1891b. Enlistiments, when complete—An en- listment Shall not be regarded as COmplete until the soldier shall have made good any time in excess of one day lost by unauthorized absences, Or on as- s 3 1891c (Tit. 14 THE ARMY [Page 260I Count of disease resulting from his own intemperate use of drugs or alcoholic liquors or other misconduct, or while in confinement awaiting trial or disposition Of his case if the trial results in conviction, or while in confinement under sentence. (April 27, 1914, c. 72, 38 Stat. 354.) - § i89 ic. Reenlistment of men discharged to accept commissions in National Guard—That the enlisted men who were discharged from the Army to a CCept a COImmission in the National Guard, Or in any Volunteer force that may be authorized in the future, at the call of the President, June eighteenth, nineteen hundred and sixteen, be restored to their original status upon reenlisting in the Regular Army: Provid- ed., That they reenlist within three months from date Of muster Out of the United States Service, and that in Computing service for retirement and continuous Service pay, service as an officer in the National Guard, or in any volunteer force that may be au- thorized in the future, while in the service of the United States, be counted. (May 12, 1917, c. 12, 40 Stat. 74.) § 1891d. Computation of continuous service pay of discharged men serving as officers of National Guard—Hereafter any enlisted man of the Army who shall be discharged to enable him to accept a commission in the Officers’ Reserve Corps, or in any National Guard or militia organization, or in any volunteer force that may be authorized in the future, and who shall enlist in the Army within three months after the termination of his connection as an officer with that corps or with any organization Of the National Guard or militia, or a volunteer force, or during the continuation of his connection therewith, as an officer, shall, in computing continu- Ous service pay now authorized by law, be entitled to credit for the period of time actually served by him prior to said discharge, and in computing service for retirement and continuous service pay, service as an officer of the National Guard, while in the service of the United States, service in any volunteer force, and service in the Officers’ Reserve Corps in active service shall be counted. (May 12, 1917, c. 12, 40 Stat. 74.) - " § i891dd. Enlistment of men discharged to accept commissions on termination of service; computation of service for retirement and con- tin Thoug service pay-Any enlisted man of the Army of the United States who has heretofore been, or shall hereafter be, discharged to accept a commission in any COmponent part of the Army Of the United States, and Who Shall tender himself for enlistment within three months after the termination of his commissioned serv- ice, shall, subject to such examination for enlistment as is provided by law or regulation, be accepted and be restored to the grade held by him before being dis- Charged to a CCept Such commission; and in computing service for retirement and continuous-Service pay he shall be credited with all time served with the forces of the United States, and his service shall be deemed continuous, notwithstanding the interruption thereof by the changes of status provided for herein. (March 30, 1918, c. 37, 40 Stat.) § 1891e. Furloughs to enlisted men—That, whenever during the continuance of the present war in the opinion of the Secretary of War the interests Of the Service or the national security and defense render it necessary or desirable, the Secretary of War be, and he hereby is, authorized to grant fur- loughs to enlisted men of the Army of the United States with or without pay and allowances or with partial pay and allowances, and, for such periods as he may designate, to permit said enlisted men to engage in civil occupations and pursuits: Provided, That such furloughs shall be granted only upon the voluntary application of such enlisted men under regulations to be prescribed by the Secretary of War. (March 16, 1918, c. 23, 40 Stat.) - - º the date such furlough becomes effective: § 1892. Composition of Army Reserve; enlist- ment of discharged soldiers—Hereafter the Army Reserve shall consist of all enlisted men who, after having served not less than four years with the or- ganizations of which they form a part, shall receive furloughs without pay or allowances until the ex- piration of their terms of enlistment, together with transportation in kind and subsistence as provided for by this Act in the case of discharged soldiers, but When any soldier is furloughed to the Reserve his ac- COUnts shall be closed and he shall be paid in full to - Provided further, That any enlisted man, subject to good con- duct and physical fitness for duty, upon his written application to that effect, shall have the right of re- maining with the organization to which he belongs un- til the completion of his whole enlistment, without passing into the Reserve: [Provided further, That ex- Cept upon reenlistment after four years' Service or as now Otherwise provided for by law, no enlisted man shall receive a final discharge until the expiration of his Seven-year term of enlistment, including his term Of Service in the Army Reserve, but any such enlist- ed man may be reenlisted for a further term of seven years under the same conditions in the Army at large, Or, in the discretion of the Secretary of War, for a term Of three years in the Army Reserve; and any person who may have been discharged honorably from the Regular Army, with character reported as at least good, and who has been found physically quali- fied for the duties of a soldier, if not over forty-five years of age, may be enlisted in the Army Reserve for a similar term of three years: And provided fur- ther, That in the event of actual or threatened hostil- ities the President, when so authorized by Congress, may summon all furloughed soldiers who belong to the Army Reserve to rejoin their respective organiza- tions, and during the continuance of their service with Such Organizations they shall receive the pay and al- lowances authorized by law for soldiers serving there- in, and any enlisted man who shall have reenlisted in the Army Reserve shall receive during such service the additional pay now provided by law for the sol- diers of his arm of the service in their second en- listment period. Upon reporting for duty, and being found physically fit for service, they shall receive a Sum equal to five dollars per month for each month during which they shall have belonged to the Reserve, as Well as the actual COSt Of transportation and Sub- sistence from their homes to the places at which they may be Ordered to report for duty under such sum- mons. (Aug. 24, 1912, c. 391, § 2, 37 Stat. 590.) Text in brackets superseded by § 1894. - § 1892a. Composition of the Regular Army Reserve—The Regular Army Reserve shall consist of, first, all enlisted men now in the Army Reserve or who shall hereafter become members Of the Army Re- serve under the provisions of existing law ; second, all enlisted men furloughed to Or enlisted in the Reg- ular Army Reserve under the provisions of this Act; and, third, any person holding an honorable discharge from the Regular Army with character reported at least good who is physically qualified for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of four years. (June 3, 1916, c. 134, § 30, 39 Stat. 187.) § 1892%. Šame; assignment of members to Regular Army organizations—The President is au- thorized to assign members of the Regular Army Re- serve as reserves to particular organizations Of the Regular Army, or to organize the Regular Army Re- serve, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units and de- tachments officers of the Regular Army or of the Of- ficers' Reserve Corps herein provided for; and he may summon the Regular Army Reserve or any part thereof for field training for a period not exceeding fifteen days in each year, the reservists to receive Ch. 1) 3 1892e THE ARMY [Page 261] travel expenses and pay at the rate of their respec- tive grades in the Regular Army during such periods of training ; and in the event of actual or threatened hostilities he may mobilize the Regular Army Reserve in such manner as he may determine, and thereafter retain it, or any part thereof, in active service for such period as he may determine the conditions de- mand: Provided, That all enlistments in the Regu- lar Army, including those in the Regular Army Re- serve, which are in force on the date of the Outbreak. Of War shall COntinue in force for One year, unless sooner terminated by order of the Secretary of War, but nothing herein shall be construed to shorten the time of enlistment prescribed: Provided further, That Subject to such regulations as the President may pre- scribe for their proper identification, and location, and physical Condition, the members of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year while in the reserve. 134, § 31, 39 Stat. 187.) § 1892e. Regular Army Reserve in time of war—When mobilized by Order of the President, the members of the Regular Army Reserve shall, so long as they may remain in active service, receive the pay and allowances of enlisted men of the Regular Army of like grades: Provided, That any enlisted man who Shall have reenlisted in the Regular Army Reserve shall receive during such active service the additional pay now provided by law for enlisted men in his arm of the service in the second enlistment period: Pro- vided further, That upon reporting for duty, and be- ing found physically fit for service, members of the Regular Army Reserve shall receive a sum equal to $3 per month for each month during which they shall have belonged to the reserve, as well as the actual IneCeSSary COSt Of transportation and Subsistence from their homes to the places at which they may be or- dered to report for duty under such summons: And provided further, That service in the Regular Army Reserve shall confer no right to retirement or re- tired pay, and members of the Regular Army Re- Serve shall become entitled to pension only through disability incurred while on active duty in the Serv- ice of the United States. (June 3, 1916, c. 134, § 32, 39 Stat. 188.) - § 1892d. Use of other departments—The Presi- dent may, Subject to such rules and regulations as in his judgment may be necessary, utilize the services Of members and employees of all departments of the Government of the United States, without expense to the individual reservist, for keeping in touch with, paying, and mobilizing the Regular Army Reserve, the Enlisted Reserve Corps, and other reserve organiza- tions. (June 3, 1916, c. 134, § 33, 39 Stat. 188.) § 1892e. The Enlisted Reserve Corps—For the purpose Of Securing an additional reserve of enlist- ed men for military service with the Engineer, Sig- nal, and Quartermaster Corps and the Ordnance and Medical Departments of the Regular Army, an En- listed Reserve Corps, to consist of such number of enlisted men of such grade or grades as may be des- ignated by the President from time to time, is here- by authorized, such authorization to be effective on and after the first day of July, nineteen hundred and sixteen. There may be enlisted in the grade or grades here- inbefore specified, for a period of four years, under Such rules as may be prescribed by the President, citi- zens of the United States, or persons who have de- Clared their intentions to become citizens of the Unit- ed States, subject to such physical, educational, and practical examination as may be prescribed in said rules. For men enlisting in said grade or grades cer- tificates of enlistment in the Enlisted Reserve Corps shall be issued by The Adjutant General of the Army, but no such man shall be enlisted in said corps un- less he shall be found physically, mentally, and mor- ally qualified to hold such certificate and unless he shall be between the ages of eighteen and forty-five (June 3, 1916, c. years. The certificates so given shall Confer upon the holders when called into active service or for pur- poses of instruction and training, and during the pe- riod. Of Such active service, instruction, or training, all the authority, rights, and privileges of like grades of the Regular Army. Enlisted men of the Enlisted Re- Serve Corps shall take precedence in said corps ac- COrding to the dates of their certificates of enlistment therein and When Called into active service Or when Called Out for purposes of instruction or training shall take precedence next below all other enlisted men of like grades in the Regular Army. And the Secretary of War is hereby authorized to issue to members of the Enlisted Reserve Corps and to persons who have participated in at least One encampment for the mili- tary instruction of citizens, conducted under the aus- pices of the War Department, distinctive rosettes or knots designed for wear with Civilian clothing, and Whenever a rosette or knot issued under the provi- Sions of this section shall have been lost, destroyed, Or rendered unfit for use without fault or neglect upon the part of the person to whom it is issued, the Sec- retary of War shall cause a new rosette or knot to be issued to such person without charge therefor. Any person who is not an enlisted man of the Em- listed Reserve Corps and shall not have participated in at least one encampment for the military instruc- tion of citizens, conducted under the auspices of the War Department, and who shall wear such rosette . Or knot shall be guilty of misdemeanor punishable by a fine Of not exceeding $300, or imprisonment not ex- ceeding six months, or both. . The President is authorized to assign members of the Enlisted Reserve Corps as reserves to particular Organizations of the Regular Army, or to organize the Enlisted Reserve Corps, or any part thereof, into units Or detachments of any arm, Corps, or department in Such manner as he may prescribe, and to assign to Such units and detachments officers of the Regular Army or of the Officers' Reserve Corps, herein provid- ed for. To the extent provided from time to time by ap- propriations the Secretary of War may order enlist- ed men of the Enlisted Reserve Corps to active serv- ice for purposes of instruction or training for periods not to exceed fifteen days in any one calendar year: Provided, That, with the consent of such enlisted men and within the limits of funds available for such pur- poses, such periods of active service may be extend- ed for such number of enlisted men as may be deem- ed necessary. Enlisted men of the Enlisted Reserve Corps shall receive the pay and allowances of their respective grades, but Only when ordered into active service, in- cluding the time required for actual travel from their homes to the places to which ordered and return to their homes: Provided, That said enlisted men shall not be entitled to retirement or retirement pay, nor shall they be entitled to pensions except for physical disability incurred in line of duty while in active Serv- ice Or While traveling under orders of competent au- thority to or from designated places of duty. The uniform to be worn by enlisted men of the En- listed Reserve Corps, except corps insignia, shall be the same as prescribed for enlisted men of the Reg- ular Army Reserve, and that in lieu of any money al- lowance for clothing there shall be issued to each en- listed man of the Enlisted Reserve Corps in time of peace Such articles of clothing and equipment as the President may direct: Provided, That any clothing or other equipment issued to any enlisted man of the said Corps shall remain the property of the United States, and in Case of loss or destruction of any arti- cle, the article so lost or destroyed shall be replaced by issue to the enlisted man and the Value thereof deducted from any pay due or to become due him, un- less it shall be made to appear that Such loss Or de- struction was not due to neglect or other fault on his part: Provided further, That any clothing or other & 1892e (Tit. 14 THE ARMY [Page 262I - equipment issued to enlisted men of the Enlisted Re- serve Corps which shall have become unserviceable through ordinary Wear and tear in the service Of the United States shall be received back by the United States and serviceable like articles issued in lieu thereof: Provided further, That when enlisted men of the Enlisted Reserve Corps shall be discharged Or otherwise separated from the service, all arms, equi- page, clothing, and other property issued to them shall be accounted for under such regulations as may be prescribed by the Secretary of War. Any enlisted man Of the Enlisted Reserve Corps Or- dered to active service or for purposes of instruction Or training shall, from the time he is required by the terms of the Order to Obey the same, be subject to the laws and regulations for the government of the Army of the United States. The Secretary of War is hereby authorized to dis- Charge any enlisted member of the Enlisted Reserve Corps when his services shall be no longer required, or when he shall have by misconduct unfitted himself for further service in the said corps: Provided, That any enlisted man Of Said Corps who shall be Ordered upon active duty as herein provided and who shall willfully fail to Comply with the terms of the Order SO given him shall, in addition to any other penalty to which he may be subject, forfeit his certificate of en- listment. In time Of actual Or threatened hostilities the Pres- ident may order the Enlisted Reserve Corps, in such numbers and at Such times as may be COnsidered nec- essary, to active service with the Regular Army, and while on such service members of said corps shall ex- ercise Command appropriate to their several grades and rank in the organizations to which they shall be assigned and shall be entitled to the pay and allow- ances Of the corresponding grades in the Regular Ar- my, with increase of pay for length of service as now allowed by law for the Regular Army: Provided, That Upon a Call by the President for a volunteer force the members of the Enlisted Reserve Corps may be mus- tered into the service of the United States as volun- teers for duty with the Army in the grades held by them in the Said Corps, and shall be entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of Service, as now provided by law for the Regular Ar- my: And provided further, That enlisted men. Of the Enlisted Reserve Corps shall not acquire by virtue of issuance of certificates of enlistment to them a vested right to be mustered into the volunteer Service of the Hººd States. (June 3, 1916, c. 134, § 55, 39 Stat. 195.) § 1892ee. Same; enlistment of dental stu- dents—All regulations concerning the enlistment of medical students in the Enlisted Reserve Corps and their continuance in their college course while subject to call to active service, shall apply similarly to den- tal students. (Oct. 6, 1917, c. 101, 40 Stat. 397.) § 1892f. Enlisted men prohibited from civil employment—Hereafter no enlisted man in the active Service of the United States in the Army, Navy, and Marine Corps, respectively, Whether a noncommission- ed officer, musician, or private, shall be detailed, Or- dered, or permitted to leave his post to engage in any pursuit, business, or performance in civil life, for emolument, hire, or otherwise, when the same shall interfere with the Customary employment and regular engagement of local civilians in the respective arts, trades, or professions. Stat. 188.) - § 1893. Discharge by purchase—In time of peace the President may, in his discretion and un- der such rules and upon such conditions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army. The purchase money to be paid under this section shall be paid to a paymaster Of the Army and be deposited in the Treasury to the credit of One or (June 3, 1916, c. 134, § 35, 39 more of the current appropriations for the support of the Army, to be indicated by the Secretary of War, and be available for the payment of expenses incur- red during the fiscal year in which the discharge is made. (June 16, 1890, c. 426, § 4, 26 Stat. 158.) § 1894. Final discharge of enlisted men—NO enlisted man in the Regular Army shall receive his final discharge until the termination of his seven- year term of enlistment except upon reenlistment as provided for in this Act or as provided by law for discharge prior to expiration of term of enlistment, but when an enlisted man is furloughed to the Regu- lar Army Reserve his account shall be closed and he shall be paid in full to the date such furlough be- comes effective, including allowances provided by law for discharged soldiers: Provided, That when by reason of death or disability of a member of the fami- ly of an enlisted man occurring after his enlistment members of his family become dependent upon him for support, he may, in the discretion of the Secretary of War, be discharged from the service of the Unit- ed States or be furloughed to the Regular Army Re- serve, upon due proof being made of Such condition: Provided further, That when an enlisted man is dis- charged by purchase while in active service he shall be furloughed to the Regular Army Reserve, unless, in the discretion of the Secretary of War, he is given a final discharge from the Army. (June 3, 1916, C. 134, § 29, 39 Stat. 187.) - See § 1892. PROMOTION, DETAILS TO STAFF, AND AP- POINTMENTS FROM ENLISTED FORCE AND FROM CIVIL LIFE; RANK AND PRECE- DENCE; MEDALS OF HONOR; CERTIFI- CATES OF MERIT; MILITARY BADGES ; PRO- TECTION OF THE UNIFORM (R. S. § 1204. Superseded.) Provided for promotions in the line and Staff. Super- seded, with subsequent provisions, by §§ 1895-1897, 1905, 1908, 1912. § 1895. Promotions by seniority; examination —Hereafter promotion to every grade in the Army be- low the rank of brigadier-general, throughout each arm, corps, or department of the Service, shall, Sub- ject to the examination hereinafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department: Provided, That in the line of the Army all officers now above the grade of second lieutenant shall, Subject to Such ex- amination, be entitled to promotion in accordance with existing laws and regulations. (Oct. 1, 1890, C. 1241, § 1, 26 Stat. 562.) r Other provisions relating to promotions, see §§ 1768–1881, 1874–1876, 1897–1913. § 1896. Assignments and transfers of offi- cers—Officers of grades in each arm of the Service shall be assigned to regiments, and transferred from one regiment to another, as the interests of the Serv- ice may require, by orders from the War Department, and hereafter all appointments in the line of the Army shall be by commission in an arm of the Serv- ice and not by commission in any particular regiment. (Oct. 1, 1890, c. 1241, § 2, 26 Stat. 562.) § 1897. Examinations for promotion—That the President be, and he is hereby, authorized to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promotion, such an examination to be Con- ducted at such times anterior to the accruing Of the right to promotion as may be best for the interests of the service: , Provided, That the President may waive the examination for promotion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory examination for Such grade prior to the passage of this act: And provid- ed., That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said Ch. 1) & 1899d THE ARMY [Page 263] examination, shall receive the promotion: And pro- vided, That should the officer faiſ in his physical ex- amination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his Seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspend- ed from promotion for One year, when he shall be re- examined, and in case of failure on such re-examina- tion he shall be honorably discharged with one year's pay from the Army: And provided further, That the examination of Officers appointed in the Army from civil life, or of officers who were officers of volunteers Only, Or were Officers Of the militia. Of the Several States called into the service of the United States, or Were enlisted men in the regular Or Volunteer Serv- ice, either in the Army, Navy, or Marine Corps, dur- ing the War Of the rebellion, shall be conducted by boards composed entirely of officers who were appoint- ed from Civil life Or Of Officers who were Officers Of VOlunteers Only during Said War, and Such examina- tion shall relate to fitness for practical service, and not to technical and Scientific knowledge; and in Case of failure of any such officer in the re-examination hereinbefore provided for, he shall be placed upon the retired list of the Army ; and no act now in force shall be SO COnstrued as to limit Or restrict the re- tirement of Officers as herein provided for. And pro- vided further, That officers entitled by this section to examination by a board composed entirely of Officers who were appointed from civil life, or who were of ficers of Volunteers Only during the War, may, by written waiver filed with the War Department, re- linquish such right, in which Case the examination of such officers shall be Conducted by boards Composed as shall be directed by the Secretary of War. (Oct. 1, 1890, c. 1241, § 3, 26 Stat. 562, amended, July 27, 1892, c. 269, § 1, 27 Stat. 276.) Other provisions relating to examinations for promotion, See §§ 1895, 1897a, 1898, 1900–1902, 1911. § 1897a. Same; existing laws extended—The provisions of existing law requiring examinations to determine fitness for promotion of Officers Of the Army are hereby extended to include promotions to all grades below that of brigadier general: Provided further, That examinations of officers in the grades of major and lieutenant colonel shall be confined to problems involving the higher functions of staff du- ties and command. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) See § 1897 and note. e . § 1898. Examinations of certain Engineer and Ordnance officers—The examination of Officers of the Corps of Engineers and Ordnance Department who were officers or enlisted men in the regular or volunteer service, either in the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same man- ner as for the examination of Other officers of their respective corps and department; and the examina- tions shall embrace the same subjectS prescribed for all other officers of similar grades in the Corps of En- gineers and Ordnance Department, respectively. (July 27, 1892, c. 269, § 2, 27 Stat. 276.) § 1899. Advancement of officers losing in lineal rank through former system of promotion —On and after the passage of this Act, every line Of- ficer. On the active list below the grade Of Colonel Who has lost in lineal rank through the System of regi- mental promotion in force prior to October first, eight- een hundred and ninety, may, in the discretion Of the President, and subject to examination for promo- tion as prescribed by law, be advanced to higher grades in his arm up to and including the grade of Colonel, in accordance with the rank he would have been entitled to hold had promotion been lineal throughout his arm or corps since the date of his en- try into the arm or Corps to which he permanently belongs: Provided, That officers advanced to higher grades under the provisions of this Act shall be ad- ditional officers in those grades: Provided further, That nothing in this Act shall Operate to interfere With Or retard the promotion to which any Officer Would be entitled under existing law: And provided further, That the Officers advanced to higher grades under this Act Shall be junior to the Officers Who now rank them under existing law, when these officers have reached the same grade. (March 3, 1911, c. 209, 36 Stat. 1058.) See §§ 1895–1897. § 1899a. Advancement to higher rank on in- crease in arm, corps, or branch of service—When by reason of increase in the arm, corps, or branch of the Service in which an Officer is commissioned his 1OSS of files in lineal rank due to suspension from pro- motion on account of failure to pass the required ex- amination therefor exceeds the loss he would have Sustained if no such increase had occurred, he shall, if promoted upon reexamination, be advanced to the position he would have occupied in the grade to which promoted had no increase occurred. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 623.) § 1899b. Equalization of inequalities in past promotions—With a view further to equalize inequal- ities in past promotions of officers of the line of the Army, On July first, nineteen hundred and sixteen, the Cavalry shall be increased by seventeen colonels, and the Infantry by four colonels, all of whom shall be ad- ditional Officers in that grade, and shall not bar nor retard the promotion to which any Officer would be en- titled if the appointment of the said additional Officers had never been authorized ; and after July first, nine- teen hundred and nineteen, no vacancies occurring among the Said additional Officers shall be filled and the offices so vacated shall cease and determine. (June 3, 1916, c. 134, § 25, 39 Stat. 184.) . - - § 1899e. Same; promotions due to increase of line officers—For the purpose of lessening as much as possible inequalities of promotion due to the in- crease in the number of officers of the line of the Army under the provisions of this Act, any vacancies Created Or caused by this Act in commissioned grades below that of lieutenant Colonel in any arm of Said line may, in the discretion of the President and under Such regulations as he may prescribe in furtherance of the purpose stated in this proviso, be filled by the promo- tion or transfer without promotion of officers of other branches of the line of the Army ; but no such pro- motion Or transfer shall be made in the case of any of— ficer unless it shall have been recommended by an ex- amining board composed Of five Officers, senior in rank to such Officer, and Of the arm to which the promotion or transfer of such officer shall have been proposed, Who, after having made a personal examination of Such officer and of his official record, shall have re- ported him qualified for service in Said arm in the grade to which his promotion Or trap 3fer shall have been proposed. (June 3, 1916, c. 134, § 25, 39 Stat. 185.) § 1899d. Promotions or transfers of officers of one branch of line to other branches—In apply- ing section twenty-five of the national defense Act ap- proved June third, nineteen hundred and sixteen, the President shall assign to officers of the Army such Constructive dates Of Original Commission, from which lengths of Commissioned Service shall be computed, as will preserve their rights to promotion in accord- ance with their relative order on the lineal lists of their arms and COntinue in effect losses of files Occa- Sioned by sentences of courts-martial or failures to pass required examinations for promotion, said con- structive dates of Original commission to be subject to change whenever a Change thereof may be necessary in Order to Carry into effect losses of files hereafter incurred by any officer through a sentence of court- martial or a failure to pass a required examination for promotion. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 623.) See §§ 1899b, 1899c, 1997a. - & 1899e (Tit. 14 THE ARMY IPage 264] § 1899.e. Appointment to higher grade of of.- ficers of Public Health Service detailed with Isthmian Canal Commission—The President is fur- ther authorized, by and with the advice and consent of the Senate, to appoint such officers of the Public Health Service as were detailed for duty with the Isthmian Canal Commission. On the Isthmus Of Pana- ma for more than three years to the grade next above that at present held by such officers. (March 4, 1915, c. 167, § 4, 38 Stat. 1191.) § 1899f. Numbers of grades temporarily in- creased; major general in Medical Department to be head—The numbers in such grades provided for in sections two and four of this Act, except where va- cancies occurring in any grade by the provisions Of this Act can be filled by such officers in a lower grade as are entitled to the benefits of this Act, shall be temporarily increased during the time such offices may be held: Provided, That the officer who may be ad- vanced and appointed major general in the Medical Department, United States Army, shall thereupon be- come the head of such department; and the Operation of SO much of Section twenty-six of the Act of Febru- ary second, nineteen hundred and one, as limits the term of Office of the head of the Medical Department, TJnited States Army, shall be suspended during the in- Cumbency of the head of the department who may be appointed under this Act: Provided, That when- ever the head of the Medical Department appointed under the provisions of this Act shall become separated from the active list of the Army, by retirement Or otherwise, the extra office or grade to which he shall have been so advanced or appointed shall Cease, all d determine, and thereafter the rank of the head of the Medical Department, United States Army, shall be that of a brigadier general: Provided further, That nothing in this Act shall Operate to interfere with or retard the promotion to which any officer would be entitled under existing law: And provided further, That the Officers advanced to higher grades under this Act shall be junior to the officers who now rank them under existing law when these officers have reached the same grade. (March 4, 1915, c. 167, § 5, 38 Stat. 1191.) - See § 1905. § 1899g. Rank of officers promoted under Aet March 4, 1915, c. 167—The general officers of the line who were appointed as such pursuant to the Act of March fourth, nineteen hundred and fifteen (Thir- ty-eighth Statutes at Large, page eleven hundred and ninety-One), shall take rank in their present grades Over all officers hereafter appointed to like grades. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 623.) See §§ 1899e, 1899f, 2049b, 2068e. (R. S. § 1205. Superseded.) - Provided for transfer of officers from line to staff. Superseded by §§ 1905, 1908. § 1900. Examinations in Engineer Corps—No officer of the Corps of Engineers below the rank of field-officer shall be promoted to a higher grade, until he shall have been examined and approved by a board of three engineers, senior to him in rank. If an en- gineer officer fail on such examination he shall be sus- pended from promotion for one year, when he shall be re-examined before a like board. In Case of failure on such re-examination, he shall be dismissed from the service. (R. S. § 1206.) See § 1904. - § 1901. Same; after fourteen years” service— When any lieutenant of the Corps of Engineers or Ord- nance Corps has served fourteen years' continuous Service as lieutenant, he shall be promoted to the rank of Captain, on passing the examination provided by the preceding section, but such promotion shall not au- thorize an appointment to fill any Vacancy, when such appointment would increase the Whole number of Offi- cers in the Corps beyond the number fixed by law ; nor shall any officer be promoted before Officers of the same grade who rank him in his Corps. (R. S. § 1207, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) § 1902. Examinations in Ordnance Depart- ment—When promotions in the Ordnance Department of the Army are allowed by law, no officer of the corps, below the rank of field-officer, shall be pro- moted to a higher grade until he shall have been ex- amined and approved by a board of not less than three Ordnance officers, senior to him in rank. If an ordnance officer fail on such examination, he shall be suspended from promotion for One year, when he shall be re-examined before a like board. In Case of failure on Such re-examination, he shall be dismissed. from the service. (R. S. § 1208.) H See §§ 1848, 1849, 1903, 1905, 1906, 1908. - § 1993. Same—No appointment or promotion in said Department shall hereafter be made until the Of- ficer or person so appointed or promoted Shall have passed a satisfactory examination before a board of ordnance officers senior to himself. (June 23, 1874, c. 458, § 5, 18 Stat. 245.) - § 1904. Examinations in Signal Corps-All ap- pointments and promotions in the Signal Corps after this reorganization shall be made after examination and approval under sections twelve hundred and six and twelve hundred and seven of the Revised Stat- utes, which are hereby amended so as to be applicable to and to provide for the promotion of the lieuteilants of the Signal Corps in the same manner as they now apply to the Corps of Engineers and the Ordnance Corps; and all vacancies which may hereafter exist, in the grade of first lieutenant in the Signal Corps shall be filled by transfer from the line of the Army, after competitive examination and recommendation by a board of officers of the Signal Corps to be ap- pointed by the Secretary of War. (Oct. 1, 1890, C. 1266, § 7, 26 Stat. 654.). See §§ 1860, 1900, 1901, 1908. § 1905. Promotions of officers holding perma- nent appointments in staff corps or departments- So long as there remain any officers holding permanent appointments in the Adjutant-General's Department, the Inspector-General’s Department, the Quartermas- ter's Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps, including those appointed to Original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, Seventeen, twenty-one, and twenty-four of this Act, they Shall be promoted according to seniority in the Several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies Which can be filled by such promotions or to the periods for which the officers so promoted shall hold their appoint- ments, and when any vacancy, except that of the Chief of the department or corps, shall occur, which Can not be filled by promotion as provided in this Section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original Vacan- cies created by this Act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-Colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line. That when vacancies shall occur in the position of chief of any staff Corps Or department the President may appoint to such vacancies, by and with the ad- vice and consent of the Senate, officers of the Army at large not below the rank of lieutenant-Colonel, and who shall hold Office for terms Of four years. When a vacancy in the position of chief of any staff corps or department is filled by the appointment of an officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay, and allowances now provided for the chief of Ch. 1) & 1908a THE ARMY [Page 265I Such COrps or department. And any officer now hold- ing Office in any corps or department who shall here- after Serve as chief of a staff corps or department and shall Subsequently be retired, shall be retired With the rank, pay, and allowances authorized by law for the retirement of such corps or department Chief: Provided, That so long as there remain in Service Officers of any staff Corps or department hold- ing permanent appointments the chief of such staff corps or department shall be selected from the officers SO remaining therein. (Feb. 2, 1901, c. 192, § 26, 31 Stat. 755.) See, also, §§ 1758a–1760, 1762, 1766–1770, 1775, 1775b, 1779, 1784, 1793, 1797, 1807–1811, 1814–1818, 1840, 1842a, 1849, 1860, 1874-1876, 1881, 1895-1897, 1899f, 1905a-1906b, 1908, 1908a, 1910, 1999-1999c. § 1905a. Temporary vacancies in Regular Army filled by temporary promotions, and term- porary details—The temporary vacancies created in any grade not above that of colonel among the Com- missioned personnel of any arm, staff corps, or de- partment of the Regular Army, through appointments of officers thereof to higher volunteer rank, shall be filled by temporary promotions, according to seniority in rank of officers holding commissions in the next lower grade in said arm, staff Corps, or department; and all temporary vacancies created in any grade by temporary promotions shall in like manner be filled from, and thus create temporary Vacancies in, the next lower grade; and the vacancies that remain thereafter in said arm, staff corps, or department, that can not be filled by temporary promotions, as pre- scribed in this section, may be filled by the temporary appointment of Officers of Such number and grade or grades as shall maintain said arm, Corps, Or de- partment at the full commissioned strength author- ized by law: Provided, That in the Staff Corps and departments subject to the provisions of sections twenty-six and twenty-seven of the Act of Congress approved February second, nineteen hundred and One, and Acts amendatory thereof, temporary vacancies that can not be filled by temporary promotions, as hereinbefore prescribed, shall be filled by temporary details made in the manner prescribed in said Sec- tions twenty-six and twenty-seven and Acts amenda- tory thereof, and the resulting temporary vacancies in the branches of the Army from which the details are SO made shall be filled as hereinbefore in this sec- tion prescribed: Provided, That officers temporarily promoted or appointed under the terms of this section shall be so promoted Or appointed by the President, by and with the advice and consent of the Senate, for terms that shall not extend beyond the termina- tion of the war or, if war shall not occur, beyond the passing of the imminence thereof, as defined by the President’s proclamation, and upon the expiration of said terms said officers shall be discharged from the positions held by them under their temporary promo- tions or appointments: Provided further, That officers temporarily promoted under the provisions of this section shall not vacate their permanent commissions, nor shall they be prejudiced in their lineal or relative standing in the Regular Army under permanent com- missions, by reason of their services under temporary commissions authorized by this section. (April 25, 1914, c. 71, § 8, 38 Stat. 349.) See §§ 1905, 1908, 3047, 3077. § 1905b. Appointments in staff corps or de- partments to offices rank above colonel—Hereaft- er whenever the number of officers holding permanent appointments in any staff corps or staff department Of the Army, except the Quartermaster Corps, shall have been reduced below four and a vacancy shall Occur in an office above the grade Of Colonel in said corps or department, any officer of the Army with rank above that of major who shall have served cred- itably for not less than four years by detail in said corps or department under the provisions of section twenty-six of the Act of Congress approved February second, nineteen hundred and one, shall, in addition to Officers otherwise eligible, be eligible for appoint- ment to fill said vacancy: Provided further, That hereafter whenever the President shall deem it inad- Visable to reappoint, at the end of a four-year term, any officer who, under the provisions of section twen- ty-Six of the Act approved February second, nineteen hundred and One, or Acts amendatory thereof, has been appointed for such a term, in any staff corps or Staff department, to an office with rank above that of Golonel, but whose commission in the lower grade held by him in said staff Corps or staff department at the time Of his appointment under said Act to an Office of higher grade has been vacated, the President Imay, by and with the advice and Consent of the Sen- ate, appoint said officer to be an Officer of the grade that he would have held, and to occupy the relative position that he would have occupied, in said staff Corps Or Staff department if he had not been appoint- ed to said office with rank above that of colonel ; and if under the Operation of this proviso the number of officers of any particular grade in any staff corps or staff department shall at any time exceed the num- ber authorized by law other than this Act, no vacancy OCCurring in said grade shall be filled until after the total number of officers therein shall have been re- duced below the number so authorized. (April 27, 1914, c. 72, 38 Stat. 356.) See §§ 1905, 1906, 1908. § 1906. Details from line to staff and ap- pointments in staff—No Officer hereafter detailed or appointed under the provisions of section twenty-six Of the Act of February second, nineteen hundred and One, who has less than four years to serve from the date of his detail or appointment to the date of his retirement shall serve under such detail or appoint- ment or be paid as if on the active list beyond the date º retirement. (June 30, 1902, c. 1328, 32 Stat. See §§ 1905, 1908. 906a. Details from line to staff; majors in Ordnance Department—Majors may be detailed in the Ordnance. Department, under section twenty-six Of the Act approved February second, nineteen hun- dred and One, and Acts amendatory thereof, without a Compulsory period of service out of that department. (Feb. 24, 1915, c. 54, 38 Stat. 812.) See §§ 1848, 1905. - - § 1907. Details to aviation duty; number— No imore than thirty officers shall be detailed to the aviation Service: Provided further, That paragraph two of Section twenty-six of an Act of Congress ap- proved February second, nineteen hundred and one, entitled “An Act to increase the efficiency of the per- manent military establishment of the United States,” shall not limit the tour of detail to aviation duty of Officers below the grade of lieutenant colonel: Pro- vided further, That nothing in this provision shall be COInstrued to increase the total number of Officers now in the Regular Army. (March 2, 1913, c. 93, 37 Stat. 705.) See § 1860. - ! § 1908. Details from line to staff; filling va- cancies in line—Each position vacated by officers of the line, transferred to any department of the staff for tours of service under this Act, shall be filled by promotion in the line until the total number de- tailed equals the number authorized for duty in each staff department. Thereafter vacancies caused by details from the line to the staff shall be filled by of— ficers returning from tours of staff duty. If under the operation of this Act the number of officers re- turned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized. (Feb. 2, 1901, c. 192, § 27, 31 Stat. 755.) See §§ 1758a, 1762a, 1848, 1860, 1905, 1908a, 1909, 1912, 1997a. § 1908a. Temporary vacancies in Regular Army due to details to the National Guard—In time of War the temporary Vacancies created in any 2 1908a (Tit. 14 THE ARMY [Page 2661 grade not above that of colonel among the comimis- Sioned personnel of any arm, staff corps, or depart- Iment Of the Regular Army, through appointments of Officers thereof to higher rank in organizations com- p0Sed Of members taken from the National Guard, Shall be filled by temporary promotions according to Seniority in rank from officers holding commissions in the next lower grade in said arm, staff corps, or department, and all vacancies created in any grade by Such temporary promotions shall be in like man- Iner filled from, and thus create temporary vacancies in, the next lower grade, and the vacancies that shall remain thereafter in said arm, staff corps, or depart- ment and that Can not be filled by temporary pro- motions, as prescribed in this section, may be filled by the temporary appointment of officers of such number and grade Or grades as shall maintain Said arm, COrps, Or department at the full COmmissioned strength authorized by law : Provided, That in the Staff COrps and departments subject to the provisions Of Sections twenty-six and twenty-seven of the Act Of February second, nineteen hundred and One, and Acts amendatory thereof, temporary vacancies that Can not be filled by temporary promotions as here- inbefore prescribed shall be filled by temporary de- tails in the manner prescribed in said sections twenty- six and twenty-seven, and Acts amendatory thereof, and the resulting temporary vacancies in the branch- eS Of the Army from which the details shall be SO Imade Shall be filled as hereinbefore in this Section prescribed : Provided further, That officers tempo- rarily promoted or appointed under the terms of this section shall be promoted or appointed by the Presi- dent, by and with the advice and consent of the Sen- ate, for terms that shall not extend beyond the war Or the passing of the emergency for which additional forces were brought into the military service of the United States, and at the termination. Of the war or the passing of the emergency said officers shall be discharged from the positions held by them under their temporary commissions or appointments, and Officers detailed as herein authorized shall be relieved from their temporary details: And provided further, That officers temporarily promoted under the provi- sions of this section shall not vacate their permanent commissions nor be prejudiced in their relative Or lineal standing in the Regular Army. (June 3, 1916, C. 134, § 114, 39 Stat. 21.1.) - See §§ 1905, 1908. § 1909. Details from line to staff; appoint- ment to office above colonel to create vacancy--- Hereafter, except as otherwise provided herein, when any officer shall under the provisions of section twen- ty-six of the Act of Congress approved February sec- ond, nineteen hundred and one, be appointed to an Office with rank above that of COlonel, his appoint- ment to said Office and his acceptance Of the appoint- ment shall Create a vacancy in the arm, staff Corps, or staff department from which he shall be appoint- ed, and said vacancy shall be filled in the manner prescribed by existing law, but he shall retain in said arm, staff corps, or staff department, the same relative position that he would have held if he had not been appointed to said office, and he shall return to said relative position upon the expiration. Of his appointment to said office unless he shall be reap- pointed thereto; and if under the operation of this • proviso the number of officers of any particular grade in any arm, staff Corps, Or Staff department, shall at any time exceed the number authorized by law, no vacancy occurring in said grades shall be filled until after the total number Of Officers therein shall have been reduced below the number author- ized by law ; but nothing in this proviso shall be held to apply in the case of any officer who now holds a four-year appointment to an office with rank above that of colonel, and whose return to the relative po- sition that he would have held if he had not been ap- Or troop. promotion. pointed to Said Office is not possible under existing law. (Aug. 24, 1932, c. 391, § 5, 37 Stat. 594.) See §§ 1905, 1908, 1910. § 1910. Saime; eligibility of officers—Hereaft- er, in determining the eligibility, under the provi- sions of the Act of Congress approved August twen- ty-fourth, nineteen hundred and twelve, of troop, battery, or Company officers for detail as Officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually per- formed by any such Officer with troops prior to De- cember fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, company, (March 2, 1913, c. 93, 37 Stat. 706.) See §§ 1905, 1909. § 1911. Provisional promotion pending exami- ination—When the exigencies of the service of any Officer who would be entitled to promotion upon ex- amination require him to remain absent from any Dlace Where an examining board could be convened, the President is hereby authorized to promote such Officer, subject to examination, and the examination Shall take place as soon thereafter as practicable. If upon exalmination the Officer be found disqualified for promotion, he shall, upon the approval Of the pro- ceedings by the Secretary of War, be treated in the Same manner, as if he had been examined prior to (Feb. 2, 1901, c. 192, § 32, 31 Stat. 756.) § 1912. Promotions to fill vacancies—Vacan- Cies in the grade of field officers and captain, created by this Act, in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch, respectively. Vacancies existing after the promotions have been made shall be provided for as follows: A Sufficient number shall be reserved in the grade of second lieutenant for the next graduat- ing class at the United States Military Academy. Persons not over forty years of age who shall have at any time served as volunteers subsequent to April tWenty-first, eighteen hundred and ninety-eight, may be Ordered before boards of Officers for such exami- nation as may be prescribed by the Secretary of War, and those who establish their fitness before these ex- amining boards may be appointed to the grades of first or second lieutenant in the Regular Army, tak- ing rank in the respective grades according to senior- ity as determined by length of prior commissioned Service; but no person appointed under the provi- Sions of this section shall be placed above another in the same grade with longer commissioned service, and InOthing herein Contained shall change the relative rank of Officers heretofore commissioned in the Reg- ular Army. Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to Vacancies created by this Act, provided that they shall have served one year, under the same Conditions now authorized by law for enlisted men of the Regular Army. (Feb. 2, 1901, c. 192, § 28, 31 Stat. 755.) See §§ 1916–1919. § 1913. Officers of Regular Army not affected —Nothing in this Act shall be held Or Construed so as to discharge any Officer from the Regular Army Or to deprive him. Of the Commission which he now holds therein. (June 3, 1916, c. 134, § 127, 39 Stat. 217.) See § 1991. (R. S. § 1213. Superseded.) Provided for commissions to graduates of Military Acad- emy. Superseded, with subsequent provisions, by §§ 1914, 1920, 1920a. § 1914. Commissions for graduates of Mili- tary Academy—When any Cadet Of the United States Military Academy has gone through all its classes and received a regular diploma from the academic staff, he may be promoted and commissioned as a Second lieutenant in any arm or corps of the Army in which there may be a vacancy and the duties of which he Ch. 1) 3 1920b THE ARMY [Page 2671 may have been judged competent to perform; and in case there shall not at the time be a vacancy in Such arm or corps, he may, at the discretion of the Presi- dent, be promoted and commissioned in it as an ad- ditional Second lieutenant, with the usual pay and allowances of a second lieutenant until a vacancy shall happen. (May 17, 1886, c. 338, 24 Stat. 50.) See §§ 1840, 1841, 1842b, 1912, 1920, 1920a. gº (R. S. § 1214. Superseded.) Provided for commissions to non-commissioned Officers. Superseded, with subsequent provisions, by §§ 1916-1920a. § 1915. Number of attachments by brevet rank—Only one supernumerary officer shall be at- tached to any company at the same time under the provisions of the two preceding sections. (R. S. § 1215.) The “two preceding sections” are superseded. 1914, 1916-1920, 1920a. § 1916. Examinations of enlisted men for promotion—That the President be, and he is hereby, authorized to prescribe a system of examination of enlisted men of the Army, by such boards as may be established by him, to determine their fitness for promotion to the grade of second lieutenant: Provid- ed., That all unmarried soldiers under thirty years of age, who are citizens of the United States, are physi- Cally Sound, who have served honorably not less than tWO years in the Army, and who have borne a good moral Character before and after enlistment, may COmpete for promotion under any System authorized by this act. (July 30, 1892, c. 328, § 1, 27 Stat. 336.) See §§ 1912, 1920a. § 1917. Same; examining boards—The mem- bers and recorder of such boards as may be establish- ed by the President, under the provisions of the pre- ceding section, shall be sworn in every case to dis- charge their duties honestly and faithfully; and the boards may examine witnesses, and take depositions, for which purpose they shall have such powers of a court of inquiry as may be necessary. (July 30, 1892, c. 328, § 2, 27 Stat. 336.) § 1918. Same; appointments to vacancies in grade of second lieutenant—The vacancies in the grade of second lieutenant heretofore filled by the promotion Of meritorious non-commissioned Officers of the Army, under the provisions of section three of the act approved June eighteenth, eighteen hundred and Seventy-eight, shall be filled by the appointment Of Competitors favorably recommended under this act, in the Order of merit established by the final examination. Each man who passes the final exami- nation shall receive a certificate of eligibility, set- ting forth the subjects in which he is proficient and the especial grounds upon which the recommendation is based: Provided, That not more than two examina- tions shall be accorded to the same competitor. (July 30, 1892, c. 328, § 3, 27 Stat. 336.) Act June 18, 1878, c. 262, § 3, 20 Stat. 150, was repealed by Act July 30, 1892, c. 328, § 5, 27 Stat. 336. § 1919. Same; privileges of holder of certifi- cate of eligibility—All rights and privileges arising from a Certificate of eligibility may be vacated by Sentence of a court-martial, but no soldier, while holding the privileges of a certificate, shall be brought before a garrison or regimental court-martial or sum- mary Court. (July 30, 1892, c. 328, § 4, 27 Stat. 336.) § 1920. Appointments to fill vacancies in grade of second lieutenant—Hereafter vacancies in the grade of second lieutenant occurring in any fiscal year Shall be filled by appointment in the following Order, namely: First, of Cadets graduated from the United States Military Academy during that fiscal year; Second, of enlisted men whose fitness for pro- motion shall have been determined by competitive ex- amination; third, of candidates from civil life be- tWeen the ages of twenty-one and twenty-seven years. The President is authorized to make rules and regula- tions to carry these provisions into effect. (March 3, 1911, c. 209, 36 Stat. 1045.) See § 1920a. See §§ § 1920a. Same-Vacancies in the grade of Second lieutenant created or caused by the increases due to this Act, in any fiscal year shall be filled by appoint- ment in the following order: (First) of Cadets gradu- ated from the United States Military Academy during the preceding fiscal year for whom vacancies did not become available during the fiscal year in which they graduated; (second) under the provisions of existing law of enlisted men, including officers of Philippine Scouts, between the ages of twenty-One and thirty-four years, whose fitness for promotion shall have been de- termined by competitive examination; and Of members, including officers, of the Organized Militia, the Nation- al Guard, or Naval Militia, between the ages Of twen- ty-One and thirty-four years who have had at least ninety days actual Federal military service under any call of the President during the calendar year nine- teen hundred and sixteen, and whose fitness for pro- motion shall have been determined by examination; (third) of members of the Officers’ Reserve Corps be- tween the ages of twenty-One and twenty-Seven years, of distinguished colleges as are now Or may here- after be entitled to preference by general Orders of the War Department; and (sixth) of candidates from civil life between the ages of twenty-one and twenty- Seven years; and the President is authorized to make the necessary rules and regulations to carry these pro- visions into effect: Provided, That any such original Vacancies not so filled, and remaining at the time Of graduation of any class at the United States Military Academy, may be filled by the appointment Of members Of that class; and all vacancies in the grade of Second lieutenant not created or caused by the increases due to this Act shall be filled as pro- Vided in the Act making appropriation for the Support Of the Army, approved March third, nineteen hundred and eleven: Provided further, That enlisted men of the Regular Army who have completed one year’s Service with an Organization may become candidates for vacancies in the grade Of Second lieutenant Creat- ed Or caused by the increases due to the Operation of this Act. (June 3, 1916, c. 134, § 24, 39 Stat. 182, amended, May 12, 1917, c. 12, 40 Stat. 44.) See §§ 1881p, 1920, 2246a. § 1920aa. Same; waiver of age limit—That the President be, and he is hereby, authorized to Waive the age limit in all cases where the candidate for Second lieutenant, who being within the maximum age limit at the date of examination has passed or may pass the examination, and who has become or may become ineligible, on account of age before the date of his appointment; and to appoint such candi- date With rank from the same date as other candi- dates of like class who have been or may be appoint- ed as the result of the same examination: Provided, That such appointment is made within one year from the date of such examination. (June 3, 1916, c. 134, § 24, amended, May 12, 1917, c. 12, 40 Stat. 73.) § 1920b. Original appointments to be provi- sional—Hereafter all appointments of persons other than graduates of the United States Military Academy to the grade of Second lieutenant in the Regular Army shall be provisional for a period of two years, at the ClOSe Of which period such appointments shall be made permanent if the appointees shall have dem- Onstrated, under Such regulations as the President may prescribe, their suitability and moral, profes- Sional, and physical fitness for such permanent ap- pointment, but should any appointee fail so to demon- Strate his Suitability and fitness, his appointment shall terminate; and should any officer become eligible for promotion to a vacancy in a higher grade and qualify therefor before the expiration of two years from the date Of his Original appointment, he shall receive a proVisional appointment in such higher grade, which appointment shall be made permanent when he shall have qualified for permanent appointment upon the expiration of two years from the date of his original 3 1920c (Tit. 14 THE ARMY [Page 268] appointment, or shall terminate if he shall fail SO to qualify. (June 3, 1916, c. 134, § 23, 39 Stat. 181.) § 1920c. Rank of officers appointed to origi- nal vacancies in grade of second lieutenant-Offi- cers appointed to original vacancies in the grade of second lieutenant Created or caused by this Act shall take lineal and relative rank according to dates of appointment, and the lineal and relative rank Of second lieutenants appointed on the same date shall be determined under Such regulations as the Secre- tary of War may prescribe. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) § 1920d. Recominissioning honorably dis- charged officers—The President may recommission persons who have heretofore held commissions in the Itegular Army and have left the service honorably, after ascertaining that they are qualified for service physically, mOrally, and as to age and military fit- ness; such recommissioned officers shall take rank at the foot of the respective grades which they held at the time of their separation from the Army. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) $ 1920e. Data of persons qualified for ap- pointment as officers—The Adjutant General Of the Army shall, under the direction and supervision of the Secretary of War, obtain, compile, and keep Continually up to date all Obtainable information as to the names, ages, addresses, occupations, and quali- fications for appointment as commissioned officers of the Army, in time of war or other emergency, Of men of suitable ages who, by reason of having re- ceived military training in civilian educational in- stitutions Or elsewhere, may be regarded as qualified and available for appointment as such commission- ed officers. (June 3, 1916, c. 134, § 53, 39 Stat. 194.) § 1921. Time of actual service considered in fixing rank—In fixing relative rank between officers of the same grade and date Of appointment and COm- mission, the time which each may have actually serv- ed as a COImmissioned Officer Of the United States, whether continuously or at different periods, shall be taken into account. And in Computing such time, no distinction shall be made between Service as a Commissioned Officer in the Regular Army and Service since the 19th day of April, 1861, in the volunteer forces, whether under appointment or commission from the President or from the governor of a State. (R. S. § 1219.) 4. º See §§ 1815, 1912, 1922, 1923, 1924. § 1922. Prior service in Marine Corps credit- ed in determining rank—Any second lieutenant Of the United States Marine Corps who may have been appointed second lieutenant of artillery since the second day. Of February, nineteen hundred and One, and prior to the passage of this Act, shall, in deter- mining his lineal and relative rank, be entitled to the same credit for prior Commissioned Service as a lieutenant of volunteers appointed under the Act entitled “An Act to increase the efficiency Of the per- manent military establishment Of the United States,” approved February second, nineteen hundred and one. (Dec. 20, 1904, c. 20, 33 Stat. 595.) See § 1912. - § 1923. Service as cadet not counted in com- puting length of service—Hereafter the service of a cadet who may hereafter be appointed to the United States Military Academy or to the Naval Academy shall not be Counted in computing for any purpose the length of service of any officer of the Army. (Aug. 24, 1912, c. 391, § 6, 37 Stat. 594.) § 1924. Rank and military service of line of ficers—In every Official Army Register hereafter is- Sued, the lineal rank of all officers of the line of the Army shall be given separately for the different arms of the service; And if the officer be promoted from the ranks, or shall have served in the volunteer army, either as an enlisted man or officer, his service as a private and non-commissioned officer shall be given, and in addition thereto the record Of his Service as volunteer. (June 18, 1878, c. 263, § 2, 20 Stat. 149.) § 1925. Brevets—The President, by and with the advice and consent of the Senate, may, in time Of war, confer commissions by brevet upon commission- ed officers of the Army, for distinguished conduct and public service in presence of the enemy. (R. S. § 12092) See §§ 1929–1932. § 1926. Saxme; date of commission—Brevet COmmissions shall bear date from the particular a C- tion Or Service for which the Officers Were brevetted. (R. S. § 1210.) § 1927. Same; assignment according to rank —Officers may be assigned to duty or command a C- cording to their brevet rank by special assignment Of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. (R. S. § 1211.) § 1928. Samme; assignment according to rank only during hostilities—Officers Of the Army Shall Only be assigned to duty Or Command according to their brevet rank when actually engaged in hostil- ities. (March 3, 1883, c. 93, § 1, 22 Stat. 457.) § 1929. Same; services against Indians—That the President Of the United States be, and he is here- by, authorized and empowered, at his discretion, to nominate, and by and with the advice and Consent Of the Senate, to appoint to brevet rank all officers of the United States Army, now On the active Or re- tired list, who by their department Commander, and With the COncurrence Of the Commanding general Of the Army, have been Or may be recommended for gallant Service in action against hostile Indians since January first, eighteen hundred and Sixty-Seven. (Feb. 27, 1890, c. 20, § 1, 26 Stat. 13.) § 1930. Same; date of commissions under provisions of act—Such brevet Commissions as may be issued under the provisions of this act shall bear date Only from the passage of this act: Provided, however, that the date Of the particular heroic act for which the Officer is promoted shall appear in his Com- mission. (Feb. 27, 1890, c. 20, § 2, 26 Stat. 13.). § 1931. Same; no privilege of precedence or command—Brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence Or command not already provided for in the statutes which embody the rules and articles governing the Army of the United States. (Feb. 27, 1890, c. 20, § 3, 26 Stat. 14.) § 1932. Same; service in volunteer forces— All Officers of the Regular Army of the United States, active or retired, who served in the volunteer forces during the late war, may, at the discretion of the President, receive a brevet in the Regular Army equal to the highest rank held or the highest bre- vet received in the Said Volunteer forces and be COm- missioned accordingly as Of the date of such brevet: Provided, That they have not already received a bre- vet Of equal or higher grade in the Regular Army. (Feb. 16, 1897, c. 234, 29 Stat. 530.) § 1933. Same; uniform and title—No officer shall be entitled, On account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank ; and no Officer shall be addressed in orders or official communications by any title other than that of his actual rank. (R. S. § 1212.) § 1934. Privileges on account of volunteer service during rebellion—All Officers Who have Served during the rebellion as volunteers in the Army Of the United States, and have been honorably mlıS- tered out of the volunteer service, shall be entitled to bear the Official title, and, upon OcCaSiOns of Cere- mony, to wear the uniform of the highest grade they have held, by brevet, or other commissions, in the volunteer Service. The highest volunteer rank Which has been held by Officers of the Regular Army shall be entered, with their names respectively, upon the Army Register. But these privileges shall not en- Ch. 1) ź 1941a THE ARMY [Page 269] title any Officer to Command, pay, Or emolumentS. (R. S. § 1226.) ; § 1935. Privileges on account of Regular Army Service during rebellion—All Officers who have Served during the rebellion as Officers Of the Regular Army of the United States, and have been honorably discharged Or resigned from the service, shall be entitled to bear the official title and, upon Occasions Of Ceremony, to Wear the uniform of the highest grade they have held, by brevet or other colm- mission, as is now authorized for Officers of volunteers . by section twelve hundred and twenty-six, Revised Statutes. (Feb. 4, 1897, c. 146, 29 Stat. 511.) § 1936. Privileges on aeedurat of service dur- img or since war with Spain—All Officers who have served during the war with Spain, or since, as of ficers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the Service by resignation or otherwise, shall be entitled to bear the official title and, upon occasions of cere- pmony, to wear the uniform of the highest grade they have held by brevet or other commission in the regu- lar or volunteer service. (Feb. 2, 1901, c. 192, § 34, 31 Stat. 757.) § 1937. IMedals of honor—That the President of the United States be, and he is hereby, authorized to Cause two thousand “medals of honor” to be prepared with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to Such non-commissioned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities, during the ºnt insurrection. (July 12, 1862, No. 52, 12 Stat. 623. § 1938. Same; additional medals—That the President cause to be struck from the dies recently prepared at the United States mint for that purpose, “Medals of Honor” additional to those authorized by the act [Resolution] of July twelfth, eighteen hundred and sixty-two, and present the same to such officers, non-commissioned officers, and privates as have most distinguished or who may hereafter most distinguish themselves in action. (March 3, 1863, c. 79, § 6, 12 Stat. 751.) • ? § 1939. Same; rosettes and ribbons—That the Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the Joint Resolution approved July twelfth, eighteen hundred and sixty-two, and the Act approved March third, eighteen hundred and sixty- three, a rosette Or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette Or knot and ribbon to be each of a pattern to be prescribed and established by the President of the United States, and any appropriation that may here- after be available for the contingent expenses of the War Department is hereby made available for the purposes of this Act: Provided, That whenever a ribbon issued under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was issued, the Secretary of War shall cause a new ribbon to be issued to such person with- out charge therefor. (May 2, 1896, No. 51, 29 Stat. 473.) § 1940. Same; additional medals for distin- guished gallantry in action—For three thousand medals Of honor to be prepared, with suitable emble- Imatic devices, upon the design of the medal of honor heretofore issued, or upon an improved design, togeth- er with appropriate rosettes or other insignia to be worn in lieu of the medal, and to be presented by direction of the President, and in the name of Con- gress, to such Officers, noncommissioned Officers, and privates as have most distinguished, or may hereaft- er most distinguish, themselves by their gallantry in action, * * : Provided, That the Secretary of War be, and he is hereby, authorized and directed to use SO many of the medals and rosettes or other insignia provided for by this Act as may be necessary to re- place the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and Sixty-two, and section six of the Act Of Congress approved March third, eighteen hun- dred and sixty-three: And provided further, That Whenever it shall appear from Official records in the War Department that any officer or enlisted man Of the Army SO distinguished himself in action as to en- title him to the award of the Congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hun- dred and sixty-three, entitled, “An Act making ap- propriations for the Sundry civil expenses of the Government for the year ending June thirtieth, eight- een hundred and sixty-four, and for the year ending the thirtieth Of June, eighteen hundred and sixty- three, and for other purposes,” the fact that the per- Son Who So distinguished himself has since become Separated from the military service, or that the award of the medal to him was not specifically rec- Ommended Or applied for while he was in the said Service, Shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law hereinbefore cited. (April 23, 1904, c. 1485, 33 Stat. 274.) l § 1940a. Same; investigations concerning medals of honor—A board to consist of five general Officers on the retired list of the Army shall be con- vened by the Secretary of War, within sixty days aft- er the approval of this Act, for the purpose of in- Vestigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distin- guished conduct by an officer or enlisted man in ac- tion involving actual conflict with an enemy by such 'officer or enlisted man or by troops with which he Was Serving at the time of such action. And in any Case in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal. So issued shall be stricken permanently from the Official medal of honor list. It shall be a misdemeanor for him to wear" or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Department for Cancellation. Said board shall have full and free access to and use of all records pertain- ing to the award or issue of medals of honor by or through the War Department. The actual and neces- sary expenses of said board and its members shall be paid out of any appropriations available for con- tingent expenses of the Army of the War Department. (June 3, 1916, c. 134, § 122, 39 Stat. 214.) . § 1941. Same; medals replaced not required to be surreradered—The holders Of medals Of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and Sixty-three, shall not be required to Surrender Such medals in Case such medals are replaced, in pursuance of the provi- sions of the Act of Congress, approved April twenty- third, nineteen hundred and four; and that wherever the holders Of Such medals Of honor have surrender- ed them, in order to receive the medals provided for by said Act approved April twenty-third, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient Of both medals shall wear both medals at the same time. (Feb. 27, 1907, No. 17, 34 Stat. 1422.) § 1941a. Army and Navy medal of honor roll; persons eligible—There is hereby established in the War Department and Navy Department, respectively, a roll designated as “the Army and Navy medal of honor roll.” Upon written application made to the & 1941b (Tit. 14 THE ARMY [Page 27 OI Secretary of the proper department, and. Subject to the Conditions and requirements hereinafter contain- ed, the name of each surviving person who has serv- ed in the military Or naval Service of the United States in any War, Who has attained Or shall attain the age of sixty-five years, and who has been award- ed a medal Of honor for having in action involving actual conflict with an enemy distinguished himself conspicuously by gallantry or intrepidity, at the risk of his life, above and beyond the call of duty, and who was honorably discharged from Service by muster Out, resignation, Or otherwise, shall be, by the Secretary of the proper department, entered and recorded on said roll. Applications for entry on said roll shall be made in such form and under such regulations as shall be prescribed by the War Department and Navy Department, respectively, and proper blanks and in- structions shall be, by the proper Secretary, furnish- ed. Without charge upon request made by any perSOn claiming the benefits of this Act. (April 27, 1916, c. 88, § 1, 39 Stat. 53.) § 1941b. Same; duties of Secretaries of War and Navy—It shall be the duty of the Secretary of War and . Of the Secretary of the Navy to carry this Act into effect and to decide whether each applicant, under this Act, in his department is entitled to the benefit Of this ACt. If the Official award Of the medal of honor to the applicant, or the official notice to him thereof, shall appear to show that the medal of honor was awarded to the applicant for Such an act as is required by the provisions of this Act, it shall be deemed sufficient to entitle the applicant to such special pension without further investigation. . Otherwise all Official correspondence, Orders, reportS, recommendations, requests, and other evidence now on file in any public office or department shall be Con- sidered. A Certificate of service and Of the act of heroism, gallantry, bravery, or intrepidity for which the medal Of honor was a Warded, and Of enrollment under this Act, and of the right of the special pen- sioner to be entitled to and to receive the special pen- Sion herein granted, shall be furnished each person whose name shall be so entered on said rôll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of Pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and . Sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such Certificate the Special pension herein pro- vided for. (April 27, 1916, c. 88, § 2, 39 Stat. 54.) § 1941c. Same; pensions—Each such surviving person whose name shall have been entered on said roll in accordance with this Act shall be entitled to and Shall receive and be paid by the Commissioner of Pensions in the Department of the Interior, out of any moneys in the Treasury Of the United States not Otherwise appropriated, a special pension of $10 per month for life, payable quarter yearly. The Commis- Sioner of Pensions shall make all necessary rules and regulations for making payment of such special pen- sions to the beneficiaries thereof. - Such special pension shall begin on the day that Such person shall file his application for enrollment on said roll in the office of the Secretary of War or of the Secretary of the Navy after the passage and ap- proval Of this Act, and shall continue during the life of the beneficiary. Such special pension shall not deprive any such spe- cial pensioner of any other pension or of any benefit, right, Or privilege to which he is or may hereafter be entitled under any existing or subsequent law, but shall be in addition thereto. The Special pension allowed under this Act shall not be Subject to any attachment, execution, levy, tax, lien, Or detention under any process whatever. 27, 1916, c. 88, § 3, 39 Stat. 54.) (April § 194ld. Same; pensions; payment—All allow- ances made, or hereafter to be made, to medal of honor pensioners under the Act of Congress approved April twenty-seventh, nineteen hundred and sixteen, Shall be paid from the moneys appropriated for the payment of invalid and other pensions, and section three of the said Act of April twenty-seventh, nineteen hundred and sixteen, is amended accordingly. (June 30, 1916, c. 194, 39 Stat. 242.) § 1941e. Same; pensions—In case any person has been awarded two or more medals of honor, he Shall not be entitled to and shall not receive more than One Such special pension. Rank in the service shall not be considered in ap- plications filed hereunder. (April 27, 1916, c. 88, § 4, 39 Stat. 54.) s § 1942. Certificates of merit for privates— When any enlisted man of the Army shall have dis- tinguished himself in the service, the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit. (R. S. § 1216, amended, Feb. 9, 1891, c. 122, § 1, 26 Stat. 737, and March 29, 1892, c. 25, 27 Stat. 12.) § 1943. Certificates of honorable service for telegraphers—The Secretary of War is hereby au- thorized and directed to prepare a roll of all persons Who Served not less than ninety days in the Operation Of military telegraph lines during the late Civil War, and to issue to each, upon application, unless it ap- pears that his service was not creditably performed, or to the representatives of those who are dead, suit- able Certificates Of honorable Service in the military telegraph Corps of the Army Of the United States, stating the service rendered, the length of such serv- ice, and the dates, as near as may be, between which Such service was performed: Provided, That this law shall not be Construed to entitle the persons herein mentioned to any pay, pension, bounty, or rights not herein specifically provided for. (Jan. 26, 1897, c. 92, 29 Stat. 497.) § 1944. Army corps badges—All perSons Who have served as Officers, non-commissioned Officers, pri- vates, or other enlisted men, in the Regular, Army, volunteer or militia forces of the United States, dur- ing the war of the rebellion, and have been honorably discharged from the service, or still remain in the same, Shall be entitled to wear, On occasions of cere- mony, the distinctive Army badge Ordered for Or adopted by the Army corps and division, respectively, in which they served. (R. S. § 1227.) $ 1945. Military society badges—The distinc- tive badges adopted by military societies of men Who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexican War, and the War Of the rebellion respectively, may be, WOrn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States, who are members of said organizations in their own right. (Sept. 25, 1890, No. 50, 26 Stat. 681.) § 1946. Same-The distinctive badges adopted by military societies of men “who served in the armies and navies of the United States during the Spanish- American war and the incident insurrection in the Philippines” may be worn, upon all occasions of cere- mony by Officers and men. Of the Army and Navy of the United States who are members of said organiza- tions in their own right. (Feb. 2, 1901, c. 192, § 41, 31 Stat. 758.) § 1947. Same—The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by Officers and men of the Army and Navy of the United States who are members of said organization in their OWn right. (Jan. 12, 1903, No. 2, 32 Stat. 1229.) Ch. 1) ź 1952a THE ARMY [Page 2711 § 1948. Regular Army and Navy Union badge —The distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their Own right, upon all public occasions of cere- mony by Officers and enlisted men of the Army and Navy Of the United States who are members of said organization. (May 11, 1894, No. 26, 28 Stat. 583.) § 1949. Army and Navy Union badge—The dis- tinctive badge adopted by the Army and Navy Union Of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. (March 2, 1907, No. 18, 34 Stat. 1423.) § 1949a. Protection of the uniform—It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps, to wear the duly prescribed uniform of the TJnited States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps: Provided, That the foregoing provision shall not be construed so as to prevent Offi- cers Or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such off- Cers or enlisted men of the National Guard; nor to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, Or such other organizations as the Secretary of War may designate, from wearing their prescribed uni- forms; nor to prevent persons who in time of war have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet Or other Commission in such Regular or Volunteer service; nor to prevent any person who has been honorably discharged from the United States Army, Navy, Or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such dis- charge; nor to prevent the members Of military So- cieties composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of Ceremony, the uni- form duly prescribed by such societies to be WOrn by the members thereof; nor to prevent the instruc- tors and members of the duly Organized Cadet COrps of a State university, State College, Or public high school offering a regular course in military instruc- tion from wearing the uniform duly prescribed by the authorities of such university, College, or public high school for wear by the instructors and mem- bers of Such cadet Corps; nor to prevent the instruc- tors and members of the duly Organized Cadet Corps of any other institution of learning offering a regular course in military instruction, and at which an offi- cer or enlisted man of the United States Army, Navy, Or Marine Corps is lawfully detailed for duty as in- structor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for Wear by the instruc- tors and members Of Such Cadet Corps; nor to pre- vent civilians attendant upon a course of military or naval instruction authorized and Conducted by the military or naval authorities of the United States from wearing, while in attendance upon Such Course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; nor to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater Or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: Pro- vided further, That the uniforms worn by officers or enlisted men of the National Guard, or by the mem- bers of the military societies or the instructors and members Of the cadet corps referred to in the preced- ing proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the |United States Army, Navy, and Marine Corps: And provided further, That the members of the military Societies and the instructors and members Of the Cadet Corps hereinbefore mentioned shall not Wear the insignia of rank prescribed to be worn by Officers of the United States Army, Navy, or Marine Corps, Or any insignia of rank similar theretO. Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not ex- ceeding six months, or by both such fine and impris- onment. (June 3, 1916, c. 134, § 125, 39 Stat. 216.) § 1949aa. Same; Coast Guard—Section One hundred and twenty-five of the Act entitled “An Act for further and more effectual provision for the na- tional defense, and for other purposes,” approved June third, nineteen hundred and sixteen, Shall ap- ply to the Coast Guard in the same manner as to the Army, Navy, and Marine Corps. (Aug. 29, 1916, C. 418, § 1, 39 Stat. 649.) MILITARY SUPPLIES AND STORES; PUBLIC MONEYS AND OTHER PROPERTY; TRANSPORTATION § 1950. Officers of Quartermaster’s Depart- ment not to trade—No officer belonging to the Quar- termaster’s Department, or doing the duty of a quar- termaster or assistant quartermaster, shall be Con- Cerned, directly or indirectly, in the purchase or sale of any article intended for or appertaining to said department of service, except on account of the TJnited States; nor shall any such Officer take Or ap- ply to his own use any gain or emolument for ne- gotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. (R. S. § 1138.) § 1951. System of accountability for quarter- master’s supplies—The Quartermaster-General, un- der the direction of the Secretary of War, shall pre- scribe and enforce a system of accountability for all quartermaster’s supplies to the Army or to officers, seamen, and marines. And he shall account to the Secretary of War at least once in three months for all property and money that may pass through his hands, or the hands of his subordinate Officers. (R. S. § 1139, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) - § 1951a. Accounting for army supplies—Here- after the accounting for Army supplies or property and the fixing of responsibility therefor shall be ac- Cording to such regulations as may be prescribed by the Secretary of War. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 635.) § 1952. Money's from disposition of quarter- master’s supplies or stores—Hereafter all moneyS arising from disposition of serviceable quartermas- ter's supplies or stores, authorized by law and regu- Iations, shall remain available throughout the fiscal year following that in which the disposition was ef- fected, for the purposes of that appropriation from which such supplies were authorized to be supplied at the time of the disposition. (March 23, 1910, c. 115, 36 Stat. 257.) § 1952a. Application of moneys from sales of subsistence supplies or stores—Hereafter all mon- eys arising from sales of subsistence supplies or stores, authorized by law and regulations, shall be Covered into the Treasury to the Credit Of the proper appropriation and shall remain available throughout the fiscal year following that in which the sales were 3 1953 (Tit. 14 THE ARMY [Page 2721 effected, for the purposes of that appropriation from which such supplies or stores were authorized to be supplied at the time of the sales. (April 27, 1914, C. 72, 38 Stat. 361.) § 1953. Officers of Subsistence Department not to £rade—No officer belonging to the Subsistence Department, or doing the duty of a subsistence Officer, shall be concerned, directly or indirectly, in the pur- chase or sale of any article entering into the COm- position of the ration allowed to troops in the Serv- ice of the United States, or of any article designated by the inspectors-general of the Army, and furnished for sale to Officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, ex- cept on account of the United States; nor shall any such officer take or apply to his own use any gain Or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. (R. S. § 1150.) § 1954. Sales to officers and enlisted men; credit. sales—The officers of the Subsistence Depart- ment shall procure, and keep for sale to officers and enlisted men at cost prices, for cash or on Credit, Such articles as may, from time to time, be designated by the inspectors-general of the Army. An account of all Sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Pay- master-General. (R. S. § 1144.) § 1954a. Same; Army, Navy, and Marine Corps—Hereafter the officers and enlisted men of the Navy and the Marine Corps shall be permitted to purchase subsistence supplies at the same price as is charged the Officers and the enlisted men of the Army; and the officers and the enlisted men of the Army shall be permitted to purchase subsistence Supplies from the Navy and Marine Corps at the same price as is charged the Officers and the enlisted men of the Navy and Marine Corps. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 630.) - See §§ 2810, 2942. - § 1954b. Sales of quartermaster property to officers of Navy and Marine Corps—Articles of Serviceable quartermaster property may be sold by the Quartermaster General of the Army to officers of the Navy and Marine Corps, for their use in the pub- lic service, in the same manner as these articles are now sold to officers of the Army. (March 4, 1915, C. 143, § 1, 38 Stat. 1079.) § 1955. Sales of rations to officers—Commis- Sioned officers of the Army, serving in the field, may purchase rations for their own use, from any com- missary of subsistence, on credit, at cost prices; and the amounts due for such purchases shall be reported monthly to the Paymaster-General. (R. S. § 1145.) § 1956. Sales of tobacco to enlisted mem—To- bacco shall be furnished to the enlisted men by the commissaries of Subsistence, at cost prices, exclusive Of the cost Of transportation, in Such quantities as they may require, not exceeding sixteen Ounces per month. (R. S. § 1149.) § 1957. and men of Šiginal Corps—Officers and enlisted men of the Signal Corps may purchase subsistence stores under the same regulations as prescribed for officers and enlisted men of the Army, as authorized by sec- tion eleven hundred § Statutes, and paragraph fourteen hundred and two of the Army regulations, eighteen hundred and eighty- nine. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 400.) See § 1954. - § 1957 a. Application of moneys from sale of Signal Corps supplies—Hereafter all moneys arising from the disposition of serviceable Signal Corps Sup- plies arid equipment, authorized by law and regula- tions, shall constitute one fund on the books of the Treasury Department and be available during the fis- cal year in which their disposition was effected and the year following, for the replacement of Signal Corps supplies and equipment. (April 27, 1914, c. 72, 38 Stat. 353.) - the employé to whom the sale is made. Sales of subsistence stores to officers and forty-four of the Revised | § 1958. Sales of subsistence supplies to offi- cers and enlisted men at cost—Hereafter all Sales of Subsistence supplies to officers and enlisted men shall be made at cost price only ; and the cost price Of each article shall be understood, in all cases of Such sales, to be the invoice price of the last lot Of that article received by the Officer making the sale prior to the first day of the month in which the Sale is made. (July 5, 1884, c. 217, 23 Stat. 108.) § 1959. Purchase of subsistence stores for sale—So much of the appropriation for Subsistence of the Army as may be necessary may be applied to the purchase of subsistence-stores for sale to Officers for the use of themselves and their families, and to Com- manders of companies or other organizations, for the use of the enlisted men of their companies or Organiza- tions, and the proceeds of all sales of subsistence- Supplies shall hereafter be exempt from being covered into the Treasury and shall be immediately available for the purchase of fresh supplies. (March 3, 1875, c. 131, § 1, 18 Stat. 410.) § 1960. Purchase of exceptional articles for sale—Hereafter exceptional articles of subsistence stores for Officers and enlisted men, which are to be paid for by them, regardless of condition upon arrival at posts, may, under regulations to be prescribed by the Secretary of War, be obtained by open purchase yºut advertising. (Feb. 12, 1895, c. 83, 28 Stat. 658. § 1961. Sales of subsistence supplies to other bureaus or executive departments—Hereafter when under the Army Regulations subsistence Sup- plies are furnished to another bureau of the War De- partment, or to another executive department of the Government or employés thereof, payment therefor shall be made in cash by the proper disbursing officer of the bureau, office, or department concerned, or by When the transaction is between two bureaus of the War De- partment the price to be charged shall be the COn- tract or invoice price of the supplies. When the trans- action is between the Subsistence Department and an- other executive department of the Government or em- ployés thereof, the price to be charged shall include the contract Or invoice price and ten per Centum ad- ditional to cover wastage in transit, and the cost of transportation. (March 3, 1911, c. 209, 36 Stat. 1047.) § 1962. Sales of medical supplies to civilian employés—Hereafter civilian employees of the Army stationed at military posts may, under regulations to be made by the Secretary of War, purchase necessary medical supplies when prescribed by a medical officer of the Army. (April 23, 1904, c. 1485, 33 Stat. 273.) See § 420a. § 1963. Application of moneys from disposi- tions of medical and hospital supplies—Hereafter all moneys arising from dispositions of serviceable medical and hospital supplies authorized by law and regulation shall constitute one fund on the books of the Treasury Department, which shall be available to replace medical and hospital supplies throughout . the fiscal year in which the dispositions were effect- ed and throughout the following fiscal year. (June 12, 1906, c. 3078, 34 Stat. 256.) § 1963a. Issue by Secretaries of War and Navy of equipment for organizations formed by Red Cross—That the Secretary Of War and the Sec- retary of the Navy be, and are hereby, authorized to issue, each at his discretion and under proper regu- lations to be prescribed by him, out of equipment for medical and other establishments on hand, belong- ing to the Government and which can be temporarily spared, such articles as may appear to be required for instruction and practice by Organizations formed by the American National Red Cross, for the purpose of rendering aid to the Army and Navy in War. (May 8, 1914, No. 15, § 1, 38 Stat. 771.) § 1963b. Same; regulations for return—The regulations prescribed by the Secretary Of War or Ch. 1). ź 1971 TEIE ARMY [Page 273] by the Secretary of the Navy, in pursuance of the authority granted by section one, shall provide for the immediate return of the articles of equipment loaned the American National Red CrOSS When Called for by the authority which issued them'; and the said Secretaries shall require a bond in each case, in double the value of the property, for the care and Safe-keeping thereof and for the return. Of the same when required. (May 8, 1914, No. 15, § 2, 38 Stat. Sales of medical supplies and equip- ment to Red Cross—Hereafter, with the approval of the Secretary of War and at rates of charge of not less than the contract prices paid therefor plus twen- ty-five per centum to cover the cost of purchase, in- Spection, and SO forth, the Medical Department of the Army may sell for cash to the American National Red Cross such medical supplies and equipments as can be spared without detriment to the military serv- ice. (March 4, 1915, c. 143, § 1, 38 Stat. 1080.) § 1963d. Issue of quartermaster supplies and stores to educational institutions—The Secretary of War is authorized to issue, at his discretion and under such regulations as he may prescribe, such Quartermaster supplies and stores belonging to the Government, and which can be spared for that pur- p0Se, as may appear to be required for the establish- ment and maintenance of military instruction camps by the students of any educational institution to which an officer of the Army is detailed as professor Of military science and tactics, and the Secretary of War shall require a bond in each case in the value of the property for the care and safe-keeping thereof and for the return of the same when required. (May 18, 1916, c. 124, 39 Stat. 123.) § 1964. Application of funds received from transfer of military stores to Insular Depart- ment of Philippines—Hereafter all funds received as the value of military stores transferred by the Several staff departments of the Army to the Insular Department of the Philippines, or work done, shall be deposited in the Treasury of the United States and remain available during the fiscal year in which the transaction occurred and the following year for the procurement of like military Stores to replace those SO transferred. (June 12, 1906, c. 3078, 34 Stat. 258.) § 1965. Deductions for loss of or damage to stores in transit—Hereafter moneys arising from deductions made from carriers On a CCOunt Of the 10.SS of Or damage to military stores in transit shall be credited to the proper appropriation or funds out of which Such or similar stores shall be replaced. (March 2, 1905, c. 1307, 33 Stat. 840.) § 1966. Bonds of disbursing officers—All Offi- cers of the Quartermaster’s Subsistence, and Pay De- partments, the chief medical purveyor and assistant medical purveyors, and all Store-keepers shall, before entering upon the duties Of their respective Offices, give good arid sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for all public moneys and prop- erty which they may receive. The President may, at any time, increase the sums SO prescribed. But the Quartermaster General shall not be liable for any money or property that may come into the hands Of the Subordinate Officers Of his department. (R. S. § 1191, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) § 1966a. Same; waiver—Hereafter the provi- Sions of section eleven hundred and ninety-one of the Revised Statutes of the United States may, in the discretion of the Secretary of War, be waived in the cases of officers of the Quartermaster Corps who are not accountable for public funds or public prop- erty. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 626.) § 1967. Same; renewing bonds—All disbursing Officers of the Pay Department shall renew their bonds, or furnish additional security, at least once COMP.ST.’18—18 in four years, and as much oftener as the President may direct. (R. S. § 1192.) § 1968. Returns of ordnance; damages—Every Officer Commanding a regiment, corps, garrison, or de- tachment shall make, once every two months, or Oftener if So directed, a report to the Chief of Ord- nance, Stating all damages to arms, equipments, and implements belonging to his command, noting those OCCaSiOned by negligence or abuse, and naming the Officer or soldier by whose negligence or abuse the Said damages were occasioned. (R. S. § 1220.) § 1969. Returns of clothing and eamp-equi- page—Every Officer who receives clothing or Camp- equipage for the use of his command, or for issue to the troops, shall render to the Quartermaster-General, at the expiration of each regular quarter of the year, Quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issues which shall have been made. Said returns and vouchers, after due examination by the Quartermaster General shall be transmitted for settlement to the proper accounting Officer of the Treasury Department. (R. S. § 1221, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) § 1970. Returns of Signal Service property— From and after the passage of this act, every officer Of the Signal Corps, every non-commissioned officer Or private of the Signal Corps, and all other officers, agents, or persons who now have in possession, or may hereafter receive or may be intrusted with any Stores Or Supplies, shall, quarterly or more often, if SO directed, and in such manner and on such forms as may be prescribed by the Chief, Signal Officer, make true and correct returns to the Chief Signal Officer Of all Signal Service property and all other supplies and Stores of every kind received by Or intrusted to them and each Of them, or which may, in any manner, COme into their and each of their possession or charge. The Chief Signal Officer, subject to the approval of the Secretary of War, is hereby authorized and di- rected to draw up and enforce in his Bureau a sys- tem. Of rules and regulations for the government of the Signal Bureau, and of all persons in said Bureau, and for the safe-keeping and preservation of all Sig- nal Service property of every kind, and to direct and prescribe the kind, number, and form, Of all returns and reports, and to enforce Compliance therewith. (Oct. 12, 1888, c. 1092, 25 Stat. 552.) § 1970a. Same-That the Act of Congress ap- proved October twelfth, eighteen hundred and eighty- eight, entitled “An Act to make enlisted men of the Signal Corps responsible for public property,” be amended so as to read that property returns of the Signal Corps Shall be rendered semiannually Or more Often. (April 27, 1914, c. 72, 38 Stat. 353.) § 1970b. Exchange by Signal Corps of type- writers and adding machines—Hereafter the Sig- nal Corps may exchange typewriters and adding ma- Chines in the purchase of similar equipment. (March 4, 1915, c. 143, § 1, 38 Stat. 1064.) - § 1971. . Final payment to on discharge of of- ficers accountable for public property—Officers who at any time were a CCOuntable or responsible for public property shall be required, before final payment is made to them on discharge from the service, to Obtain Certificates Of nonindebtedness to the United States from Only Such of the bureaus Of the War Department to which the property for which they were accountable or responsible pertains, and the Certificate from the Chief Of the Division Of Book- keeping and Warrants, Treasury Department, and Such certificates, accompanied by the affidavits of officers, of nonaccountability or nonresponsibility to other bureaus of the War Department, certified to by the commanding officer of the regiment Or inde- pendent organization, shall warrant their final pay- ment: Provided, That Officers who have not been re- Sponsible at any time for public property shall be re- ź 1972 (Tit. 14 THE ARMY IPage 2741 quired to make affidavit of that fact, certified to by their Commanding officers, which shall be accepted as Sufficient evidence to warrant their final payment On their discharge from the service. (Jan. 12, 1899, c. 46, § 2, 30 Stat. 784.) * § 1972. Sales of stores—The President may CauSe to be sold any military stores which, upon proper inspection or survey, appear to be damaged, or unsuitable for the public service. Such inspection or Survey Shall be made by Officers designated by the Secretary Of War, and the sales shall be made under regulations prescribed by him. (R. S. § 1241.) § 1972a. Exchange of old for new machinery and equipage—Hereafter sewing machines and other labor-saving machinery used in the manufacture of Clothing and equipage, motor trucks and passenger- Carrying Vehicles, and band instruments, may be exchanged in part payment for new machines, ºve- hicles, and instruments used for the same purpose as those proposed to be exchanged. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 635.) § 1972aa. Exchange of old for new motor- propelled vehicles—Hereafter motor-propelled vehi- Cles, aeroplanes, engines, and parts thereof may be exchanged in part payment for new equipment of the same or similar character, to be used for the same purpose as those proposed to be exchanged. (May 12, 1917, c. 12, 40 Stat. 43.) § 1972b. Sale of excess of horses and mules— The Secretary of War is hereby authorized upon the approval of this Act to sell for cash at either public Or private Sale Such horses and mules as are not need- ed for either the Regular Army Or the National Guard and the proceeds Shall be turned into the United States Treasury as miscellaneous receipts. (May 12, 1917, c. 12, 40 Stat. 55.) § 1972bb. Sale of airplane war material— The President, during the present emergency, is au- thorized, through the head of any department of the GOvernment, to Sell any War materials used in the Construction of airplanes which may have been or lmay hereafter be a CCIuired by the United States for the purpose of the Army or Navy, or for the prose- Cution. Of War, to any perSOn, firm, Or COrpOration, Or to any foreign State Or government engaged with the |United States Government in the prosecution Of War against a COmmon enemy Or its allies, in Such manner and upon Such terms, at not less than COSt, as he in his discretion may deem best: Provided, That any moneys received by the United States hereunder shall become available as part of the appropriation by which said property was purchased by the United States. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 356.) § 1973. Arms and accouterments in posses- sion of persons not soldiers—The Clothing, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bar- tered, exchanged, pledged, loaned, or given away; and the possession. Of any such property by any per- SOn not a Soldier Or Officer Of the United States Shall be prima-facie evidence of such sale, barter, exchange, pledge, loan, or gift. Such property may be seized and taken from any perSOn, not a Soldier Or Officer Of the United States, by any Officer, Civil Or military, Of the United States, and shall, thereupon, be delivered to any quartermaster or other officer authorized to receive the same. (R. S. § 1242.) § 1974. Discontinuance of transport service —No action looking to the disCOntinuance Of the transport service shall be taken without further ac- tion of Congress. (March 2, 1903, c. 975, 32 Stat. 939.) § 1974a. Control of transportation systems in time of war—The President, in time Of war, is empowered, through the Secretary of War, to take possession and assume COntrol of any System Or Sys- tems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, War Imaterial and equip- ment, or for such other purposes connected with the emergency as may be needful or desirable. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 645.) Proclamations issued under this section as follows: December 26, 1917, omitting formal portions: “And whereas it has now become necessary in the na- tional defense to take possession and assume control of cer- tain Systems of transportation and to utilize the same, to the exclusion as far as may be necessary of other than war traffic thereon, for the transportation of troops, war material and equipment therefor, and for other needful and desirable purposes connected with the prosecution of the war; - “Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested in me . by the foregoing resolutions and statute, and by virtue of all other powers thereto me enabling, do hereby, through Newton D. Baker, Secretary of War, take pos- session and assume control at 12 o'clock noon on the twenty-eighth day of December, 1917, of each and every system of transportation and the appurtenances thereof located wholly or in part within the boundaries of the continental United States and consisting of railroads, and owned or controlled systems of coastwise and inland transportation, engaged in general transportation, Whether operated by steam or by electric power, including also terminals, terminal companies and terminal associations, sleeping and parlor cars, private cars and private car lines, elevators, warehouses, telegraph and telephone lines and all other equipment and appurtenances commonly used upon or operated as a part of such rail or combined rail and water systems of transportation;—to the end that Such Systems Of transportation be utilized for the transfer and transportation of troops, war material and equipment, to the exclusion so far as may be necessary of all other traffic thereon; and that so far as such exclusive use be not necessary or desirable, such systems of transportation be operated and utilized in the performance of such other Services as the national interest may require and of the usual and ordinary business and duties of common car- I’leI’S. - “It is hereby directed that the possession, control, oper- ation and utilization of such transportation systems here- by by me undertaken shall be exercised by and through William G. McAdoo, who is hereby appointed and desig- nated Director General of Railroads. Said Director may perform the duties imposed upon him, so long and to such extent as he shall determine, through the Boards of Di- rectors, Receivers, officers and employees of said systems Of transportation. Until and except so far as said Director shall from time to time by general or special orders oth- erwise provide, the Boards of Directors, Receivers, officers and employees of the various transportation systems shall continue the operation thereof in the usual and ordinary course of the business of common carriers -in the names of their respective companies. • “Until and except so far as said Director shall from time to time otherwise by general or special orders deter- mine, Such systems of transportation shall remain subject to all existing statutes and orders of the Interstate Com- merce Commission, and to all statutes and orders of reg- ulating commissions of the various states in which said Systems or any part thereof may be situated. But any orders, general or special, hereafter made by said Direc- * shall have paramount authority and be obeyed as SUl Cºl. “Nothing herein shall be construed as now affecting the possession, operation and control of street electric passen- ger railways, including railways commonly called interur- pans, whether such railways be or be not owned or con- trolled by such railroad companies or systerns. By Subse- quent order and proclamation, if and when it. shall be found necessary or desirable, possession, control or oper- ation may be taken of all or any part of such street rail- way systems, including subways and tunnels; and by subsequent Order and proclamation possession, control and operation in whole or in part may also be relinquished to the owners thereof of any part of the railroad systems or rail and Water Systems, possession and control of which are hereby assumed. “The Director shall as soon as may be after having as- sumed such possession and control enter upon negotiations with the several companies looking to agreements for just and reasonable compensation for the possession, use and control of their respective properties on the basis of an annual guaranteed compensation, above accruing deprecia- tion and the maintenance of their properties, equivalent, as nearly as may be, to the average of the net operating income thereof for the three year period ending June 30, 1917,-the results of such negotiations to be reported to me for Such action as may be appropriate and lawful. “But nothing herein contained, expressed or implied, or hereafter done or suffered hereunder, shall be deemed in any Way to impair the rights of the stockholders, bond- holders, Creditors and other persons having interests in said systems of transportation or in the profits thereof, to receive just and adequate compensation for the use and control and Operation of their property hereby assumed. “Regular dividends hitherto declared, and maturing in- terest, upon bonds, debentures and other obligations, may be paid in due course; and such regular dividends and in- Ch. 1) 3 1980a THE ARMY [Page 275] terest may continue to be paid until and unless the said Director shall from time to time otherwise by general or special orders determine; the Director, the various carriers may agree upon and ar- ; for the renewal and extension of maturing obliga- 1OIOS. Except With the prior written assent of said Director, no attachment by mesne process or on execution shall be levied on or against any of the property used by any of Said transportation systems in the conduct of their busi- ness as , common carriers; but suits may be brought by and against said carriers and judgments rendered as hith- erto until and except so far as said Director may, by gen- eral Or Special Orders, otherwise determine. “From and after twelve o’clock on said twenty-eighth day of December, 1917, all transportation systems included IIl this Order, and proclamation shall conclusively be deem- ed Within the possession and control of said Director without further act or notice. But for the purpose of ac- Counting Said possession and control shall date from twelve o'clock midnight on December 31, 1917.” April 11, 1918, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested In me by the foregoing resolutions and statute, and by Virtue of all other powers thereto me enabling, do hereby, through Benedict Crowell, Acting Secretary of War, take possession and assume control at 12:01 a. m. on the 13th day of April, 1918, of each and every system of trans- portation and the appurtenances thereof as follows, to wit: Clyde Steamship Company, a corporation of the state of Maine; Mallory Steamship Company, a corporation of the state of Maine; Merchants & Miners Transportation Com- pany, a corporation of the state of Maryland, and South- ern Steamship Company, a corporation of the state of Delaware, consisting of steamships, tugs, lighters, barges, ships, boats, and marine craft of any and every kind or description and all the tackle appurtenances to and appli- ances thereof, together with all wharves, docks, warehous- es and other property of every kind or nature, real or Chattel, owned, leased, chartered, controlled or used by Said Companies or either of them in conducting or in con- nection with said transportation systems, to the end that Such Systems of transportation be utilized for the transfer and transportation of troops, war material, and equipment to the exclusion so far as may be necessary of all other traffic thereon; and that so far as such exclusive use be not necessary or desirable such systems of transportation be operated and utilized in the performance of such other Services as the national interest may require and of the usual and ordinary business and duties of Common car- I’IerS. - • , “It is hereby directed that the possession, control, Opera- tion, and utilization of such transportation systems, hereby by me undertaken, shall be exercised by and through Wil- liam G. McAdoo, who has been duly appointed and desig- nated Director General of Railroads. Said Director Gen- eral may perform the duties imposed upon him, So long and to such extent as he shall determine, through the boards of directors, officers, and employees of Said Sys- tems of transportation. Until and £xcept So far as Said Director General shall from time to time by general or special orders otherwise provide, the boards of directors, officers, and employees of said transportation systems shall continue the operation thereof in the usual and Ordinary course of the business of common carriers, in the names of their respective companies. “Until and except so far as said Director General shall from time to time otherwise by general or special orders determine, such Systems of transportation shall remain Subject to all existing statutes of the United States and orders of the Interstate Commerce Commission and to all Statutes and orders of regulating commissions of the vari- Ous States in which said Systems or any part thereof may be situated. But any orders, general or special, hereafter made by Said Director General shall have paramount au- thority and be obeyed as such. “The Director General shall, as soon as may be after having assumed Such possession and control, enter upon negotiations With the several companies looking to agree- ments for just and reasonable compensation for the pos- Session, use, and control of their respective properties and fix such just compensation as provided by law. “But nothing herein contained, expressed or implied, or hereafter done or suffered hereunder, shall be deemed in any way to impair the rights of the stockholders, bondhold- ers, creditors, and other persons having interests in said Systems of transportation or in the profits thereof to re- ceive just and adequate compensation for the use and control and operation of their property hereby assumed. “That none of said carriers while under Federal control shall, without the prior approval of the President, de- clare or pay any dividends in excess of its regular rate of dividends during the three years ended June thirtieth, nineteen hundred and seventeen: Provided, however, that Such carriers as have paid no regular dividends or no div- idends during Said period may, with the prior approval of the President, pay dividends at such rate as the Pres- ident may determine. “Except with the prior written assent of said Director General, no attachment by mesne process or on execution and, Subject to the approval of ga shall be levied on or against any of the property used by any of said transportation systems in the conduct of their business as common carriers; but suits may be brought by and against said carriers and judgments rendered as hitherto until and except so far as said Director General may, by general or special orders, otherwise determine. “From and after 12:01 a. m. on said 13th day of April, 1918, , all transportation systems included in this order and proclamation shall conclusively be deemed within the pos- session and control of said Director General Without fur- ther act or notice.” See, also, Proclamation under § 31.15%h, post. See, also, §§ 31.15%a-31.15%p. § 1975. Disposition of steamships in trans- port service—Hereafter no steamship in the tranS- port service of the United States shall be sold or dis- posed Of without the consent of CongreSS having been first had or Obtained. (March 2, 1905, C. 1307, 33 Stat. 837.) § 1976. Transportation on vessels; Navy and Marine Corps—No part of this appropriation shall be applied to the payment of the expenses of using trans- ports in any other Government work than the trans- portation of the Army, its supplies and employees; and when, in the opinion of the Secretary of War, a CCOm- modations are available, transportation may be pro- vided for the officers, enlisted men, employees, and supplies of the Navy, the Marine Corps, and for members and employees of the Philippine and Ha- waiian governments, officers of the War Department, Members of Congress, other Officers of the GOvernment while traveling on official business, and without ex- pense to the United States, for the families of those persons herein authorized to be transported, and When accommodations are available, transportation may be provided for general passengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War. (March 2, 1907, c. 25.11, 34 Stat. 1170.) § 1977. Same; Revenue-Cutter Service and secretaries and supplies of Y. M. C. A.—Hereafter When, in the Opinion of the Secretary Of War, a CCOm- modations are available, transportation on Vessels of the Army transport service may be furnished the of— ficers, employees, and enlisted men of the Revenue- Cutter Service, and their families, without expense to the United States, and also secretaries and supplies of the Army and Navy department of the Young Men's Christian Association. (March 3, 1911, c. 209, 36 Stat. 1051.) - - § 1978. Same; merchandise to island of Guam —Hereafter when there is cargo space available with- Out displacing military supplies, transportation may be provided for merchandise of American production Consigned to residents and mercantile firms Of the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War. (March 3, 1911, c. 209, 36 Stat. 1051.) MILITARY Posts AND GARRISONS: BARRACKS AND QUARTERS; MOBILIZATION, ETC., STATIONS § 1979. Military posts; establishment—Here- after no military post within the United States shall be established without the express authority of Con- gress. (March 2, 1905, c. 1307, 33 Stat. 836.) § 1979a. Same; expenditures for—Hereafter no expenditure exceeding $5,000 shall be made upon any building or military post or grounds about the Same without the approval of the Secretary of War, upon detailed estimates submitted to him. (May 12, 1917, C. 12, 40 Stat. 74.) § 1980. Military headquarters—When the econ- omy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are Owned by the Government. (June 23, 1879, c. 35, § 8, 21 Stat. 35.) § 1980a. Army field clerks; allowances—Here- after headquarters clerks shall be known as Army field clerks and shall receive pay at the rates herein provided, and after twelve years of Service, at least & 1981 (Tit. 14 TEIE ARMY away from permanent station, or on duty beyond the continental limits of the United States, or both, shall receive the same allowances, except retirement, àS heretofore allowed by law to pay clerks, Quarter- master Corps, and shall be subject to the rules and articles of war. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 625.) - § 1981. Permanent barracks—Permanent bar- racks or quarters and buildings and structures of a permanent nature shall not be constructed unless de- tailed estimates shall have been previously submitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of which shall eX- ceed twenty thousand dollars, shall be erected unless by special authority of Congress. It shall be the duty of all officers of the United States having any of the title-papers (property purchased, or about to be pur- chased, for erection of public buildings) in their pos- session, to furnish them forthwith to the Attorney- General. No public money shall be expended until the Written Opinion of the Attorney-General shall be had. (R. S. § 1136, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) - - ... • § 1982. Limit on expenditures for buildings— Hereafter no expenditures exceeding five hundred dol- lars shall be made upon any building or military post, Or grounds about the same, without the approval of the Secretary of War for the same, upon detailed esti- mates by the Quartermaster's Department; and the erection, construction, and repair of all buildings and Other public structures in the Quartermaster’s De- partment shall, as far as may be practicable, be made by contract, after due legal advertisement. (Feb. 27, 1893, c. 168, 27 Stat. 484.) - § 1983. Officers’ quarters—Hereafter no money appropriated for military posts shall be expended for the construction of quarters for officers of the army, Or for barracks and quarters for the artillery the total Cost of which, including the heating and plumbing apparatus, wiring and fixtures, shall exceed, in the case Of quarters of a general officer, the sum of fifteen thousand dollars, of a colonel or an officer above the rank of captain, twelve thousand dollars, and of an Officer of and below the rank of captain, nine thousand dollars. (June 25, 1910, c. 384, § 1, 36 Stat. 721.) § 1984. Artillery barracks for seacoast de- fenses—For the erection of barracks and quarters for artillery in connection with the project adopted for Seacoast defense there shall not hereafter be expend- ed at any One point more than one thousand two hun- dred dollars per man for each man required for one relief to man the guns at the post up to eighty-three men, the present permanent strength of a battery, en- listed and commissioned, and for each man required beyond this number six hundred dollars per man, from any appropriation made by Congress, unless special authority of Congress be granted for a greater expen- diture. (June 6, 1900, c. 791, § 1, 31 Stat. 624.) § 1985. Hospital stewards’ quarters; con- struction—For construction of quarters for hospital Stewards at military posts already established and occupied, * * : Provided, That hereafter the posts at which such quarters shall be constructed shall be designated by the Secretary of War, and such quar- ters shall be built by contract, after legal advertise- ment, whenever the same is practicable. (Feb. 27, 1893, c. 168, 27 Stat. 484.) § 1986. Expenditures at posts; purposes spec- ified—For the current fiscal year and thereafter there may be expended from the appropriation for regular Supplies the amounts required for the necessary equip- ments Of the bake-house to carry on post bakeries; for the necessary furniture, text-books, paper and equip- Iments of the post schools; for the tableware and mess furniture for kitchens and mess-halls; [and for gar- den utensils and agricultural implements for post [Page 276] three years of which shall have been on detached duty. of the Army. gardens,] each and all for the use of the enlisted men (June 13, 1890, c. 423, 26 Stat. 152.) § 1987. Expenditures for post gardens or ex- changes—Hereafter no money appropriated for the support of the Army shall be expended for post gar- dens or exchanges, but this proviso shall not be COn- strued to prohibit the use by post exchanges of pub- lic buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. (July 16, 1892, c. 195, 27 Stat. 178.) . - § 1988. Post and garrison schools–Schools shall be established at all posts, garrisons, and per- manent camps at which troops are stationed, in Which the enlisted men may be instructed in the COmm On English branches of education, and especially in the history of the United States; and the Secretary Of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. (R. S. § 1231.) ; § 1988a. Instruletion additional to military training—In addition to military training, Soldiers while in the active service shall hereafter be given the Opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to Civil life better equipped for industrial, COImmer- Cial, and general business occupations. Civilian teach- ers may be employed to aid the Army officers in giv- ing such instruction, and part of this instruction may consist of vocational educatión either in agriculture or the mechanic arts. The Secretary of War, with the approval of the President, shall prescribe rules and regulations for conducting the instruction herein provided for, and the Secretary of War shall have the power at all times to suspend, increase, or de- crease the amount of such instruction offered as may in his judgment be consistent with the requirements of military instruction and service of the soldiers. (June 3, 1916, c. 134, § 27, 39 Stat. 186.) § 1988aa. Same—Vocational training : For the employment of the necessary Civilian instructors in the most important trades, for the purchase of car- penter's, machinist's, plumber’s, mason’s, electrician’s, and such other tools and equipment as may be requir- ed, including machines used in connection with the trades, for the purchase of material and other Sup- plies necessary for instruction and training purposes and the construction of such buildings needed for vocational training in agriculture for shops, storage, and shelter of machinery as may be necessary to car- ry out the provisions of section twenty-seven of the Act approved June third, nineteen hundred and six- teen, authorizing, in addition to the military train- ing of soldiers while in the active service, means for securing an opportunity to study and receive instruc- tion upon educational lines of such character as to increase their military efficiency and enable them to return to Civil life better equipped for industrial, commercial, and general business occupations, part of this instruction to Consist of vocational education either in agriculture or the mechanic arts * * : Provided, however, That the Secretary of War may, in his discretion, in Order to carry out the last provi- sion, select one or more and not exceeding three regi- ments of Infantry, Cavalry, or Field Artillery to be stationed at a regimental post within the Continental limits Of the United States on Or before July first, nineteen hundred and Seventeen, and may transfer from such regiment to other organizations any en- listed man or men who do not desire educational Or vocational training and instruction Such as is contem- plated by the concluding paragraph of Section twenty- seven of the National Defense Act approved June third, nineteen hundred and sixteen, and may trans- fer thereto from other organizations a number of en- Ch. 1) 3 1991d THE ARMY [Page 277I listed men to be selected under such rules and regula- tions as he may prescribe who do desire such instruc- tion and training or may receive recruits thereto suf- ficient to bring the enlisted strength of the regiment up to that authorized by law. During such part of the year beginning July first, nineteen hundred and Seventeen, and thereafter as the enlisted men of the regiment so selected shall not be engaged on field serv- ice or in field training they shall be under training Or instruction nine hours of each day, or as near that number of hours as possible, Sundays and holidays excepted, at least three hours of each day to be de- Voted to military training and six hours of each day, Or as nearly that as possible, to educational and vo- Cational training and instruction such as is contem- plated by the concluding paragraph of section twenty- Seven of the National Defense Act. The educational and Vocational training to be had under civilian in- Structors employed for that purpose under such rules and regulations as the Secretary of War shall pre- Scribe: And provided further, That said civilian in- Structors, as well as the discipline of the said post, Shall, be under the jurisdiction of the military author- ities, under such rules and regulations as the Secre- tary of War may prescribe. (May 12, 1917, c. 12, 40 Stat. 59.) . See § 1988a. § 1988b. Rooms for post-office purposes—Here- after, at all military posts where post offices have been established, the Secretary of War shall assign prop- er and suitable room or rooms for post-office pur- poses. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 629.) § 1989. Y. M. C. A. buildings—Authority is hereby given to the Secretary of War, in his discre- tion, to grant permission by revocable license to the International Committee of Young Men's Christian ASSOciations of North America to erect and maintain, On the military reservations within the United States Or its island possessions, such buildings as their work for the promotion of the social, physical, intellectual, and moral welfare of the garrisons may require, un- der such regulations as the Secretary of War may impose. (May 31, 1902, c. 943, 32 Stat. 282.) § 1989a. Buildings for Red Cross supplies— Authority is hereby given to the Secretary of War to grant permission, by revocable license, to the American National Red Cross to erect and maintain On any military reservations within the jurisdiction of the United States buildings suitable for the stor- age of supplies, or to occupy for that purpose build- ings erected by the United States, under such regula- tions as the Secretary of War may prescribe, such supplies to be available for the aid of the civilian population in case of serious national disaster. (June 3, 1916, c. 134, § 10, 39 Stat. 173.) (R. S. § 1113. Superseded.) Authorized maintenance of trading establishments at military posts. Superseded by Act Jan. 28, 1893, c. 51, 27 Stat. 426. - § 1990. Sale of intoxicating liquors prohibit- ed—The sale of or dealing in, beer, wine or any in- toxicating liquors by any person in any post exchange Or Canteen Or army transport Or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to Carry the provisions Of this section into full force and effect. (Feb. 2, 1901, c. 192, § 38, 31 Stat. 758.) - See, also, §§ 2019a, 2019b. - § 1990a. Land for permanent mobilization, training, and supply stations—The Secretary of War is hereby authorized to accept for the United States from any person Such tract or tracts of land suitable and desirable in his judgment for permanent mobilization, training, and Supply stations; and he is directed to investigate and report to Congress as SOOn as practicable what additional tracts are neces- Sary for said purposes for use by the National Guard and by the Regular Army and the probable cost of the Same. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 623.) GENERAL PROVISIONS OF ORGANIZATION § 1991. Existing commissions and appoint- ments—None of the provisions of this Title, relating to the organization of the Army, shall be construed to Vacate the commission of any officer now properly in the service, or borne on the Army Register as an officer retired from active service, or to require new appointments to fill the grades mentioned herein, which are now properly filled according to said provisions. (R. S. § 1217.) t See §§ 1767, 1781, 1814, 1876, 1913, 1991a, 1997. § 1991a. Existing laws not affected—All exist- ing laws pertaining to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the Offi- cers and enlisted men on the retired list, the detach- ed and additional Officers under the Act of CongreSS approved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned re- cruits, service school detachments, United States dis- ciplinary barracks guards, disciplinary Organizations, the Philippine Scouts, and Indian scouts shall Con- tinue and remain in force except as herein specifically provided otherwise. (June 3, 1916, c. 134, § 22, 39 Stat. 181.) See § 1997. - - § 1991b. Imerease to be made in five incre- ments—Except as otherwise specifically provided by , this Act, the increases in the commissioned and en- listed personnel of the Regular Army provided by this Act shall be made in five annual increments, each of which shall be, in each grade of each arm, Corps, and department, as nearly as practicable, One-fifth of the total increase authorized for each arm, corps, and department. Officers promoted to vacancies creat- ed or caused by the addition of the first increment shall be promoted to rank from July first, nineteen hundred and sixteen, and those promoted to vacan- Cies created or caused by the second increment shall be promoted to rank from July first, nineteen hundred and seventeen; those promoted to vacancies created or caused by the addition of the third increment shall be promoted to rank from July first, nineteen hundred and eighteen; those promoted to vacancies created or caused by the addition of the fourth in- crement shall be promoted to rank from July first, nineteen hundred and nineteen; and those promoted to Vacancies Created Or Caused by the addition of the fifth increment shall be promoted to rank from July first, nineteen hundred and twenty: Provided, That in the event Of actual or threatened War Or similar emergency in which the public safety demands it the President is authorized to immediately Organ- ize the entire increase authorized by this Act, or so much thereof as he may deem necessary, and when, in the judgment Of the President, war becomes immi- ment, all of said organizations that shall then be be- low the maximum enlisted strength authorized by law shall be raised forthwith to that strength, and shall be maintained as nearly as possible thereat so long as War, Or the imminence of war, shall continue. (June 3, 1916, c. 134, § 24, 39 Stat. 182.) The provisions of this section are probably superseded by provisions of Act May 18, 1917, c. 15, § 1, authorizing the President to immediately raise, etc., the forces pro- vided for by this section and other sections of the Na- tional Defense Act. See § 2044a. § 1991. c. Immediate increase in Ordnance De- partment—Section twenty-four of the national-de- fense Act approved June third, nineteen hundred and sixteen, is SO amended as to authorize the President to Organize immediately the whole of the increase in the Ordnance Department authorized by section twelve of said Act, or such part thereof as he may deem necessary. (May 12, 1917, c. 12, 40 Stat. 47.) See § 1991b. § 1991.d. Limitation on Inumber of increased officers—Of the whole number of officers of Cavalry, Field Artillery, Coast Artillery Corps, Infantry, and Of Engineers Serving with the enlisted force of the & 1992 (Tit. 14 THE ARMY [Page 278] Corps of Engineers necessary to fill vacancies created Or Caused in Said arms Of the Service by reason. Of the Second increment, authorized in said arms by Act of Congress approved June third, nineteen hun- dred and sixteen, not more than one-fourth shall be appointed Or promoted until, exclusive of enlisted men belonging to said arms on June thirtieth, nine- teen hundred and sixteen, at least one-fourth of the Second increment of enlisted men authorized for said arms by said Act shall have been enlisted; not more than one half of said whole number of officers shall be appointed or promoted until at least one-half of Said increment of enlisted men shall have been en- listed; and not more than three-fourths of said whole. number of Officers shall be appointed or promoted until at least three-fourths of Said increment of en- listed men shall have been enlisted. And all officers. promoted in accordance with the terms of this pro- Viso shall take rank, respectively, from the dates On which their promotions shall have become lawful un- ‘der the terms of this proviso. (May 12, 1917, c. 12, 40 Stat. 44.) . 2'. (R. S. § 1218, as amended, Act. May 13, 1884, c. 46. Repealed.) Related to service in army of persons who had served in military, naval, or civil service of Confederate States. Repealed by Act March 31, 1896, c. 84, 29 Stat. 84. § 1992. Use of Army as posse comitatus—From and after the passage of this act it shall not be law- ful to employ any part of the Army of the United . States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Con- stitution or by act of Congress; * * and any per- son willfully violating the provisions of this Section shall be deemed guilty of a misdemeanor and on COn- viction thereof shall be punished by fine not exceed- ing ten thousand dollars or imprisonment not ex- ceeding two years or by both such fine and imprison- ment. (June 18, 1878, c. 263, § 15, 20 Stat. 152.) § 1993. Accepting or holding civil office—No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who accepts or exercises the func- tions of a civil Office shall thereby cease to be an Of- ficer of the Army, and his commission shall be there- by vacated. (R. S. § 1222.) . : § 1994. Same; diplomatic or consular office— Any officer of the Army who accepts or holds any appointment in the diplomatic or consular service of the government shall be considered as having resign- ed his place in the Army, and it shall be filled as a vacancy. (R. S. § 1223.) See §§ 2064, 2065. § 1995. Civil employment prohibited—No offi- cer of the Army shall be employed on civil works or internal improvements, or be allowed to engage in the Service of any incorporated company, or be employed as acting paymaster Or disbursing-agent Of the Indian Department, if such extra employment requires that he shall be separated from his company, regiment, or corps, or if it shall otherwise interfere with the per- formance of the military duties proper. (R. S. § 1224, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) See § 1892f. - § 1996. Duties of chief of military bureau of War Department, during absence—During the ab- sence of the Quartermaster-General, or the chief of any military bureau of the War Department, the President is authorized to empower some Officer of the Department Or Corps whose chief is absent to take charge thereof, and to perform the duties of Quarter- master-General, or chief of the department or corps, as the case may be, during such absence. (R. S. § 1132, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) § 1997. Details of officers of active list as in- spectors and instructors of organized militia— Upon the request of the governors of the several States and Territories concerned, the President may detach officers of the active list of the Army from their proper commands for duty as inspectors and instructors of the Organized Militia, as follows, name- ly : Not to exceed one officer for each regiment and Separate battalion of infantry, or its equivalent of Other troops: Provided, That line officers detached for duty with the Organized Militia under the provi- Sions hereof, together with those detached from their proper Commands, under the provisions of law, for Other duty the usual period of which exceeds one year, shall be subject to the provisions of section tWenty-seven of the Act approved February second, nineteen hundred and one, with reference to details to the Staff Corps, but the total number of detached Officers hereby made subject to these provisions shall not exceed two hundred : And provided further, That the number of such officers detached from each of the Several branches of the line of the Army shall be in proportion to the authorized commissioned strength Of that branch; they shall be of the grades first lieu- tenant to Colonel, inclusive, and the number detached from each grade shall be in proportion to the number in that grade now provided by law for the whole Ar- Imy. The Vacancies hereby caused or created in the grade Of Second lieutenant shall be filled in accord- ance with existing law, one-half in each fiscal year until the total number of vacancies shall have been filled. (March 3, 1911, c. 209, 36 Stat. 1045.) See §§ 1908, 1991a, 1997a, 1997b, 1999. § 1997a. The detached officers—That on July first, nineteen hundred and sixteen, the line of the Army Shall be increased by eight hundred and twen- ty-two extra officers of the Cavalry, Field Artillery, . Coast Artillery Corps, and Infantry arms of the serv- ice, of grades from first lieutenant to colonel, inclu- Sive, lawfully available for detachment from their proper arms for duty with the National Guard, or Other duty, the usual period of which exceeds one year. Said extra officers, together with the two hun- dred detached officers provided for by the Act of Congress approved March third, nineteen hundred and eleven, shall, on and after July first, nineteen hundred and sixteen, constitute the Detached Officers' List, and all positions vacated by officers assigned to Said list, and the officers so assigned, shall be subject to the provisions of section twenty-seven of the Act of Congress approved February second, nineteen hun- dred and one, with reference to details to the staff corps. The total number of officers hereby authorized for each grade on said list entire shall be in propor- tion to the total number of officers of the correspond- ing grade now authorized by law other than this Act for all of the said four arms combined, exclusive of Second lieutenants and of the two hundred extra offi- CerS authorized by the Act of Congress approved March third, nineteen hundred and eleven, and exclu- Sive also of the additional officers authorized by the Act to restore lineal rank lost through the System of regimental promotion formerly in force; and the to- tal number of officers hereby authorized for each grade in each of said arms On Said list shall be in the proportion borne by the number of Officers now au- thorized by law other than this Act for such grade and arm to the total number Of Officers now authorized by law other than this Act for the corresponding grade in all of the said four arms combined, exclu- Sive Of the extra and additional Officers last hereinbe- fore specified and excluded: Provided, That all va- Cancies created or caused by the foregoing provisions of this section in grades above that of second lieuten- ant shall be filled by promotion according to law ex- isting on and before the date of approval of this Act, and subject to the examinations prescribed by exist- ing law. As soon as practicable after such promo- tions shall have been made, there shall be detached from each arm and assigned to the Detached Officers’ List a number of Officers of each grade equal to the number of Officers of Said grade by which said arm shall have been increased by the foregoing provisions Ch. 1) 3 1999c THE ARMY [Page 279 I Of this Section ; Or caused in any of the said arms Of the service by the assignment Of an Officer of any grade to said De- tached Officers' List shall be filled, subject to such examination as is now or may hereafter be prescrib- ed by law, by the promotion of the Officer who shall be the senior in length of COmmissioned Service Of those ... eligible to promotion in the next lower grade in the arm in which such vacancy shall occur : Provided further, That no officer of any of said arms of the Service Shall be permitted to remain. On Said Detached Officers' List for more than forty-five days unless he shall have been actually present for duty for at least two years out of the last preceding six years with an Organization COImposed Of One or more Statutory units, Or the equivalent thereof, of the arm to which he shall belong. Any vacancy created in said list by the removal of any officer therefrom because he shall not have been present for duty as before prescribed in this proviso shall be filled by the transfer to said list Of an officer having the same grade and belonging to the same arm as the Officer whose removal from said list shall have created said vacancy; but, except as before prescribed in this proviso, all officers who shall have been assigned to said list shall remain thereon for not less than four years from the respective dates Of their assignment thereto, unless in the meantime they shall have been separated entirely from the Ar- my, Or shall have been promoted or appointed to higher offices, or shall have been retired from active Service: Provided further, That after the apportion- ment of officers to said Detached Officers' List shall have been made as authorized by this Act, whenever any vacancy shall have been caused in said list by the Separation of an officer of any grade therefrom, such Vacancy shall, except as prescribed in the last pre- ceding proviso, be filled by the detail and assignment to said list of an officer of the corresponding grade in that arm in which there shall be found the Officer of the next lower grade who at that time shall be the Senior in length of Commissioned Service of all the officers of the said lower grade in all of the four arms hereinbefore specified ; if two or more Officers of dif- ferent arms shall be found to have equal seniority in length of commissioned service in said lower grade, the question of seniority shall be decided by their relative standing on the list of the commissioned offi- cers of the Army. (June 3, 1916, c. 134, § 25, 39 Stat. 183.) See §§ 1908, 1997, 1997b. § 1997 a.a. Detail of officer in aviation section, Signal Corps—Hereafter nothing in section twenty- five of the National Defense Act of June third, nine- teen hundred and sixteen, shall be held to prevent the detail of an officer in the aviation section of the Signal Corps. (May 12, 1917, c. 12, 40 Stat. 43.) See § 1997a. § 1997b. Arm from which detail shall be made to vacancy in Detached Officers’ List—In de- termining the arm from which a detail is to be made to a vacancy in the detached officers’ list, as provided in the third proviso of section twenty-five Of the na- tional defense Act approved June third, nineteen hun- dred and sixteen, the officer of any grade who is the senior in that grade according to the constructive dates of original commission provided for in the pre- ceding proviso shall be considered the senior in length of commissioned service of all officers of that grade. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 623.) See § 1997a. § 1998. Details of officers requested by Cuba or Panama—The consent of Congress is hereby grant- ed to the acceptance by officers of the army, in the dis- Cretion of the President, of such military details un- der the Governments of Cuba and Panama as may be requested by the Presidents of these Republics: Pro- Vided, That such details shall not exceed five in num- ber: And provided further, That no officer so detailed Shall receive any present, emolument, office, or title of and thereafter any vacancy created any kind whatever from the Government of Cuba or Panama. (April 19, 1910, c. 174, 36 Stat. 324.) § 1999. Limitation of time of detached duty of officers of line—On and after December fifteenth, nineteen hundred and twelve, in time of peace when- eVer any Officer holding a permanent commission in the line of the Army with rank below that of major Shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company, of that branch of the Army in Which he shall hold said commission, such officer Shall not be detached nor permitted to remain detach- ed from such troop, battery, or company, for duty of any kind; and all pay and allowances shall be for- feited by any superior for any period during which, by his order, or his permission, or by reason of his, failure or neglect to issue or cause to be issued the proper Order or instructions at the proper time, any officer shall be detached Or permitted to remain de- tached in violation of any of the terms of this proviso ; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be ac- tually necessary for him, after having been relieved from detached service, to join the troop, battery, or Company, to which he shall belong in that branch in Which he shall hold a permanent commission, nor shall anything in this proviso be held to apply to the de- tachment or detail of , officers for duty in the Judge Advocate General’s Department or in the Ordnance Department, Or in Connection with the Construction of the Panama Canal until after such canal shall have been formally Opened, or in the Philippine Constabu- lary until the first day of January, nineteen hundred and fourteen, or to any officer detailed, or who may be hereafter detailed, for aviation duty. And hereaft- er no officer holding a permanent commission in the Army With rank below that Of major shall be detailed as a SSistant to the Chief Of the Bureau Of Insular Affairs with rank Of colonel, or as Commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (Director or Assistant Director) of the Philippine Constabulary, and no other officers of the Army shall hereafter be detailed for duty with the said Constabulary except as specifically provided by law. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 571, amend- ed Aug. 24, 1912, No. 53, 37 Stat. 645.) Application to Judge Advocate-General’s Department, see § 1999a. See, also, § 1999c. All restrictions on detail, detachment, and employment of officers and enlisted men of the Regular Army are suspended for the period of the war by § 2044k. § 1999a). Limitation of time of detachment ox, detail of officers for duty in Judge Advocate Gen- eral’s Department—So much of the Act of Congress approved August twenty-fourth, nineteen hundred and twelve, as relates to the detachment or detail of offi- cers for duty in the Judge Advocate General’s Depart- ment shall hereafter be held to apply only to the acting judge advocates authorized by law. (June 3, 1916, c. 134, § 8, 39 Stat. 169.) See § 1999. § 1999b. Detachment or detail to duty to study law—EHereafter no Officer Shall be or remain de- tached from any Command or assigned to any duty Or station with intent to enable Or aid him to pursue the study of law. (June 3, 1916, c. 134, § 8, 39 Stat. 169.) - § 1999c. Limitation of time of detached duty of certain line officers—After September first, nine- teen hundred and fourteen, in time of peace, whenever any Officer holding a permanent Commission in the line of the Army, with rank of colonel, lieutenant Col- onel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said Commission, such Officer shall not be detached nor permitted to remain detached from Such Command for duty of any kind except as hereinafter specifically provided; and all § 1999c (Tit. 14 THE ARMY [Page 280] pay and allowances shall be forfeited by any Superior for any period during which, by his order or his per- mission, or by reason Of his failure or neglect to issue Or Cause to be iSSued the proper Order Or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this Act ; but nothing in this Act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organ- ization or command to which he shall belong in that branch in which he shall hold a permanent commis- SiOn ; nor shall anything in this Act be held to ap- ply to the detachment or detail of officers for duty in COnnection with the Construction of the Panama Canal until after Such canal shall have been formally Open- ed, or in connection with the Alaska Road Commission Or the Alaska Railroad Or the Bureau of Insular Affairs; and nothing in this Act shall prevent the redetail of officers above the grade of major to fill vacancies in the Various staff Corps and departments as provided for by section twenty-six of the Act of Congress ap- proved February second, nineteen hundred and One: Provided further, That whenever the service record of any field Officer is to be ascertained for the purposes of this Act, all duty actually performed by him dur- ing the last preceding six years, in a grade below that of major, in connection with any statutory Organiza- tion of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast-artillery district, shall be Credited to him as actual presence for duty with a COmmand Composed as hereinbefore prescribed: And provided further, That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed sixty days in any one calendar year, and duty hereafter performed in Command of United States army mine planter by an officer assigned to a Company from which this detachment is drawn, and duty hereafter performed in command of a machine- gun platoon or a machine-gun unit, by any officer who, before assignment to Such duty, shall have been regu- larly assigned to, and shall have entered upon duty with, an Organization or a Command the detachment of certain Officers from which is prohibited by the Act of Congress approved August twenty-fourth, nineteen hundred and twelve, or by this Act, shall, for the pur- poses of said Acts, hereafter be counted as actual pres- ence for duty with such organization or command. (April 27, 1914, c. 72, 38 Stat. 357.) See §§ 1905, 1999. § 1999d. Limitation of tour of duty in Phil- ippines or Canals Zone—On and after October first, nineteen hundred and fifteen, no officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, nor more than three years in the Panama Canal Zone, except in Case of insurrection or Of actual Or threatened hostili- ties: Provided further, That the foregoing provision shall not apply to the Organization known as the Phil- ippine Scouts. (March 4, 1915, c. 143, § 1, 38 Stat. 1078.) § 2000. Restoration of dismissed officers—No Officer of the Army who has been Or may be dismissed from the service by the sentence. Of a general Court- martial, formally approved by the proper reviewing authority, shall ever be restored to the military Serv- ice, except by a re-appointment confirmed by the Sen- ate. (R. S. § 1228.) - § 2001. Officers dropped for desertion—The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and no Officer SO dropped shall be eligible for re-appointment. And no officer in the military, or naval service shall in time of peace be dismissed from service except upon and in pursuance of the Sentence of a court-martial to that ef- fect, or in commutation thereof. (R. S. § 1229.) See Article of War 118, § 2308a. See, also, chapter 4 B of this Title. § 2002. Officers dropped for absence without leave or under sentence—That the President be, and he is hereby, authorized to drop from the rolls of the army any Officer who is absent from duty three months without leave, or who has been absent in con- finement in a prison or penitentiary for more than three months after final conviction by a civil court Of competent jurisdiction ; and no officer so dropped Shall be eligible for reappointment. (Jan. 19, 1911, c. 22, 36 Stat. 894.) § 2003. Trial of officers dismissed by Presi- dent—When any officer, dismissed by Order Of the President, makes, in writing, an application for trial, Setting forth, under oath, that he has been wrongfully dismissed, the President shall, as soon as the necessi- ties of the service may permit, convene a court-mar- tial, to try Such officer on the charges on which he shall have been dismissed. And if a Court-martial is not SO COn Vened within six months from the presenta- tion of Such application for trial, or if Such Court, be- ing convened, does not award dismissal or death as the punishment of such Officer, the Order of dismissal by the President shall be void. (R. S. § 1230.) § 2004. Enlisted men not to be used as serv- ants—No Officer shall use an enlisted man as a serv- ant in any case whatever. (R. S. § 1232.) (R. S. § 1233. Repealed.) Provided for detail of cooks from privates of each com- pany, to serve 10 days. Repealed by Act Jan. 29, 1879, c. 34, 20 Stat. 276. § 2005. Enlistment of cooks—That the Secre- tary of War be, and he is hereby, authorized and di- rected to cause to be enlisted in each Company, bat- tery, and troop in the Regular and Volunteer armies of the United States, as a part of the authorized en- listed strength thereof, under rules to be prescribed by him, a competent person as Cook, who shall take rank as and be allowed the pay of a CorpOral Of the arm of the service to which he belongs, and WhoSQ duties in Connection with the preparation and Serv- ing of the food of the enlisted men of the company, |battery, or troop, and with the Supervision and in- struction of enlisted men hereby authorized to be de- tailed to assist him, shall be prescribed in the regu- lations for the government of the Army. (July 7, 1898, c. 583, 30 Stat. 721.) Further, as to cooks, see §§ 1718, 1842, 1860. § 2005a. Same; for duration of war—The Sec. retary of War is authorized to enlist twelve hundred competent Cooks as Sergeants, first-class, Quarter- master Corps, for the duration of the War Only, to be trained as Cook instructors and to be employed as such. (June 15, 1917, c. 29, § 1, 40 Stat. 188.) § 2006. Superintendence of cooking—The line Officers of the Army shall Superintend the cooking done for the enlisted men. (R. S. § 1234.) § 2007. Labor detail—Working parties of sol- diers shall be detailed for employment as artificers Or laborers, in the Construction of permanent military Works Or public roads, or in other Constant labor Only upon the written order of a commanding officer, when such detail is for ten or more days. (R. S. § 1235.) § 2008. Special service details from field forces—Details to Special service from forces in the field shall be made Only with the Consent of the Com- manding officer of the forces. (R. S. § 1236.) § 2009. Details of enlisted men at recruiting stations—The Secretary Of War is authorized to de- tach from the Army at large such number of enlisted men as may be necessary to perform duty at the vari- ous recruiting stations, and while performing such duty One member of each party shall have the rank, pay, and allowances of sergeant, and One the rank, pay, and allowances of corporal Of the arm of the Ch. 1) 3 2019.h THE ARMY Service to which they respectively belong. 1901, c. 192, § 31, 31 Stat. 756.) See § 1991a. § 2010. Details of enlisted men at recruit depots and Emilitary prison—Hereafter the Secre- tary of War. shall be authorized to detach from the Army at large Such number of enlisted men as may be necessary to perform duty at the various recruit depots and the United States military prison, and of the enlisted men so detached, and while performing Such duty, there shall be allowed for each depot and the prison. One who shall have the rank, pay, and al- lowances of battalion or squadron sergeant-major, and for each recruit and prison company one who shall have the rank, pay, and allowances of first sergeant, (Feb. 2, five the rank, pay, and allowances of sergeant, and Six the rank, pay, and allowances of corporal, of the arm Of the Service to which they respectively belong. (June 12, 1906, c. 3078, 34 Stat. 242.) See § 1991a. § 2010a. Rank of one enlisted man detached for duty at recruit depots—Hereafter one of the enlisted men detached from the Army at large for duty at each of the recruit depots under the provi- Sions Of the Act of June twelfth, nineteen hundred and Six, Shall, While SO detached, have the rank, pay, and allowances of a regimental sergeant major. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 624.) § 2011. Recruit and prison companies—Here- after recruit and prison companies shall have non- COmmissioned officers, musicians, artificers and cooks Of the number and grades allowed by law for com- panies of infantry. (March 2, 1907, c. 2511, 34 Stat. 1160.) - See § 1991a. § 2012. Recruiting depots; temporary ser- geants and corporals—Hereafter the Secretary of War may authorize the temporary appointment of Such number Of Sergeants and corporals in the Com- panies at the general recruiting depots as may be necessary for the proper control and instruction of the varying number of recruits attached to Such COm- panies. (March 3, 1909, c. 252, 35 Stat. 741.) See § 1991a. § 2013. Same; infantry bands—Hereafter One of the companies at each recruiting depot shall have the organization of an infantry band, to which recruits showing an aptitude for music may be attached for examination and instruction before assignment to Or- ganizations in the Army. (March 3, 1909, c. 252, 35 Stat. 745.) “, See § 1991a. § 2014. Detail for remount detachments at remount depots—Hereafter from the enlisted force Of the Army nOW provided by law the President may authorize the Organization Of remount detachments at each Of the remount depots, and may authorize the appointment therein of such noncommissioned of- ficers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of Such remount depots: Provided, That nothing here- in shall be so construed as to authorize an increase in the total number of enlisted men. Of the Army now authorized by law. (March 3, 1911, c. 209, 36 Stat. 1049.) § 2015. Detail as reporters for courts-mar- tial—Hereafter enlisted men may be detailed to serve as Stenographic reporters for general courts-martial, Courts of inquiry, military Commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not exceeding five Cents for each One hundred words taken in shorthand and transcribed, such extra pay to be met from the annual appropria- tion for expenses Of COurts-martial, and SO forth. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 575.) § 2016. Service school for eavalry and light artillery—That the Secretary of War be, and he is hereby, authorized and directed to establish upon the military reservation at Fort Riley a permanent [Page 281] - school of instruction for drill and practice for the Cavalry and light artillery service of the Army of the United States, and which shall be the depot to which all recruits for such service shall be sent. (Jan. 29, 1887, c. 72, § 1, 24 Stat. 372.) See §§ 1763a, 1991a. § 2016.a. Assignment of officers in Field Ar- tillery for instruction—Officers in the grade of sec- Ond lieutenant in the Field Artillery may be assign- ed, for the period of One year, to batteries station- ed at the School of Fire for Field Artillery at Fort Sill, Oklahoma, for the purpose of pursuing courses Of practical instruction in field artillery. (May 12, 1917, c. 12, 40 Stat. 41.) § 2016.a.a. Translator for Army Service Schools—Not exceeding $100 per month may be used for the payment Of Oile translator, to be appointed by the COImmandant Of the Army service Schools with the approval of the Secretary of War. (May 12, 1917, C. 12, 40 Stat. 41.) - § 2017. Details for school detachments at service schools—From the enlisted force of the army Inow provided by law the President may authorize the , organization of school detachments at each of the service schools, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and Cooks as may be necessary for the administration of such school: Pro- vided, That nothing herein shall be construed as to authorize an increase in the total number of enlist- ed men of the army now authorized by law. (March 3, 1909, c. 252, 35 Stat. 733.) See § 1991a. * § 2013. Exemption from arrest—No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlist- ment, and amounted to twenty dollars when first con- tracted. (R. S. § 1237.) • (R. S. § 1240. Superseded.) Allowed women to accompany troops as laundresses. Superseded by § 2019. § 2019. Laundresses accompanying troops— Hereafter women shall not be allowed to a CCOm- pany troops as laundresses. (June 18, 1878, c. 263, § 5, 20 Stat. 150.) § 2019a. Sale of alcoholic liquor in or near camps or to officers or men—The President of the United States, as Commander in Chief of the Army, is authorized to make such regulations governing the prohibition of alcoholic liquors in or near military camps and to the officers and enlisted men of the Army as he may from time to time deem necessary or advisable: Provided, That no person, Corporation, partnership, or association shall sell, Supply, Or have in his or its possession any intoxicating or Spirituous liquors at any military station, Cantonment, Camp, fort, post, officers' or enlisted men's club, which is being used at the time for military purposes under this Act, but the Secretary of War may make regula- tions permitting the sale and use of intoxicating liq- uors for medicinal purposes. It shall be unlawful to sell any intoxicating liquor, including beer, ale, Or wine, to any officer or member of the military forces while in uniform, except as herein provided. Any person, corporation, partnership, or aSSOciation violat- ing the provisions of this section or the regulations made thereunder shall, unless otherWise punishable under the Articles Of War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both. (May 18, 1917, c. 15, § 12, 40 Stat. 82.) See § 1990. § 2019b. Houses of ill fame near military camps—The Secretary of War is hereby authorized, empowered, and directed during the present war to do everything by him deemed necessary to suppress and prevent the keeping or setting up of houses Of §§ 2020-2026 (Tit. 14 THE ARMY IPage 2S2] * ill fame, brothels, or bawdy houses within Such dis- tance as he may deem needful of any military Camp, station, fort, post, cantonment, training Or mobiliza- tion place and any person, corporation, partnership, or association receiving or permitting to be received for immoral purposes any person into any place, structure, or building used for the purpose of lewd- ness, assignation, or prostitution within such distance of said places as may be designated, or shall permit any such person to remain for immoral purposes in any such place, structure, or building as aforesaid, or who shall violate any order, rule, or regulation is- sued to carry out the object and purpose of this sec- tion shall unless otherwise punishable under the Ar- ticles of War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000, or imprisonmeºst for not more than twelve months, or both. (May 18, 1917, c. 15, § 13, 40 Stat. 83.) ORGANIZATION OF WOIUNTEER ARMY §§ 2020–2026. [Superseded.] These sections, relating to the Volunteer Army, were su- perseded by §§ 2026a-2026.j. § 2026a. war—The volunteer forces shall be raised, Organized, and maintained, as in this Act provided, Only during the existence of war, or while war is imminent, and only after Congress shall have authorized the Presi- dent to raise Such a force: Provided, That the term of enlistment in the volunteer forces shall be the same as that for the Regular Army, exclusive of re- serve periods, and all officers and enlisted men Com- posing such volunteer forces shall be mustered Out of the Service Of the United States as SOOn as prac- ticable after the President shall have issued a procla- mation announcing the termination of the war or the passing of the imminence thereof. (April 25, 1914, c. 71, § 2, 38 Stat. 347.) § 2026 b. Proclamation calling for volunteers; apportionment among states—When forces are to be raised the President shall issue his proclamation, stating the number of men desired for each arm, corps, and department, within such lim- its as may be fixed by law, and he shall prescribe such rules and regulations, not inconsistent with the terms of this Act, as may be necessary for the purpose of examining, Organizing, and receiving into the Serv- ice the men called for: Provided, That the power to organize volunteer forces shall include the power to provide, within such limits as are or may be prescrib- ed by law, the officers and enlisted men of all grades and Classes, and the trained nurses, male and female, that may be necessary in the various arms, Corps, and departments: Provided further, That when three- fourths of the prescribed minimum enlisted strength of any company, troop, or battery, or when three- fourths of the prescribed minimum enlisted strength of each company, troop, or battery comprised in any battalion or regiment of the organized land militia of any State, Territory, or the District of Columbia, organized as prescribed by law and War Department regulations, shall volunteer and be accepted for serv- ice in the Volunteer Army as such company, troop, battery, battalion or regiment, such organization may be received into the voltinteer forces in advance of other Organizations of the same arm or Class from the same State, Territory, or District, and the officers in the organized land militia service with such organiza- tion may then, within the limits prescribed by law, be appointed by the President, by and with the ad- vice and Consent of the Senate, as Officers of cor- responding grades in the Volunteer Army, and be as- signed to the same grades in the said organization or elsewhere as the President may direct: Provided fur- ther, That all enlisted men received into the Service in the volunteer forces shall, as far as practicable, be taken from the Several States and Territories and the District of Columbia in proportion to the respective populations thereof: Provided further, That when the plated by existing law ; Raised and maintained only during VOlunteer- raising of a volunteer force shall have been author- ized by Congress, and after the organized land militia. of any arm or class shall have been called into the military service of the United States, volunteers of that particular arm or class may be raised and a C- cepted into said service in accordance With the terms of this Act regardless of the extent to which other arms or classes of said militia shall have been Called into said service. (April 25, 1914, c. 71, § 3, 38 Stat. 347. 'ontº. National Guard into service, see §§ 3045-3047. Selective Draft Act, see §§ 2044a–2044q. § 2026c. Laws governing Regular Army ap- plicable—The volunteer forces shall be Subject to the laws, orders and regulations governing the Reg- ular Army in so far as such laws, orders, and regul- lations are applicable to officers or enlisted men Whose permanent retention in the military service, either On the active list or On the retired list, is not COntem- and no distinction shall be made between the Regular Army, the organized mi- litia while in the military service of the United States, and the Volunteer forces in respect to promotion Or to the conferring upon officers or enlisted men of brevet rank, medals of honor, certificates of merit, Or Other rewards for distinguished service, nor in respect to the eligibility of any officer of said Army, militia, or volunteer forces for service upon any court-martial, court of inquiry, or military commission: Provided, That the organization of all units of the line and of the signal troops of the volunteer forces shall be the same as that prescribed by law and regulations for the corresponding units of the Regular Army: Pro- vided further, That when military conditions so re- Quire the President may organize the land forces of the United States into brigades and divisions and Such higher units as he may deem necessary, and the composition of units higher than the regiment shall be as he may prescribe: Provided further, That to each regiment of Infantry, Cavalry, and Artillery, and to each battalion of Engineers and Signal Corps troops organized under this Act, there shall be attached the same personnel of the Medical Department as are at- tached to like Organizations of the Regular Army: Provided further, That the organization of the coast defenses, of machine-gun detachments, establishments of the Medical Department, remount depots, military trains, secret-service agencies, military prisons, lines of communication, including their supply depots, and Of Other adjuncts that may be necessary in the proS- ecution of war, and the organization of which is not otherwise provided for by law, shall be as the Pres- ident may from time to time direct. (April 25, 1914, c. 71, § 4, 38 Stat. 347.) § 2026d. Officers; number and grades—Except as otherwise provided herein the President is author- ized, by and with the advice and Consent of the Sen- ate, to appoint all volunteer officers required by this Act, but the number and grade of such officers shall not exceed the number and grade of like Officers pro- vided for a like force of the Regular Army: Provid- ed., That all appointments below the grade of briga- dier general in the line of the volunteer forces shall be by Commission in an arm Of the Service and not by Commission in any particular regiment; and offi- cers in each arm of the service shall be assigned to organizations of that arm, and transferred from one organization to another in that arm, as the interests of the service may require, by Orders from the Secre- tary of War: Provided further, That no officer above the grade of Colonel shall be appointed under the pro- visions of this Act. (April 25, 1914, c. 71, § 5, 38 Stat. 348.) § 2026e. Staff officers; number–To provide the staff officers that will be necessary in the various staff Corps and departments in time Of War Or while War is imminent, and that are not otherwise provided for in this Act, the President is authorized to appoint, by and With the advice and consent of the Senate, such Ch. 1) 3 2027 THE ARMY [Page 283] number of volunteer staff officers of grades authorized by law for the Regular Army as he may find neces- Sary for Such corps and departments: Provided, That the total number of such staff officers so appointed, including all such officers of the organized militia Called into the military service of the United States, Shall not exceed the ratio of one officer to two hun- dred enlisted men for all militia and volunteer forces called into the military service of the United States: Provided further, That the number of volunteer staff Officers appointed in any grade in the various staff Corps and departments shall not exceed in any staff COrps Or department the proportionate strength of reg- ular Officers of the corresponding grade as establish- ed by law for the corresponding staff corps or de- partment of the Regular Army: Provided further, That the President may appoint, by and with the ad- Vice and Consent of the Senate, volunteer chaplains at the rate of one for each regiment of Volunteer In- fantry, Cavalry, and Field Artillery, and one for ev- ery tWelve Companies of Volunteer Coast Artillery raised, With rank corresponding to that established by law for Chaplains in the Regular Army. (April 25, 1914, c. 71, § 6, 38 Stat. 348.) § 2026f. Selection and apportionment of of.- ficers—In appointing the volunteer officers authorized by this Act the President may select them from the Regular Army, from those duly qualified and regis- tered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hun- dred and three, from the country at large, from the organized land militia of the District of Columbia, and, upon the recommendation of the various gov- ernors, from the organized land militia of the sev- eral States and Territories in proportion, as far as practicable, to their respective populations, and as far as Compatible with the interests of the military serv- ice, from the localities from which the troops with Which the officers appointed upon said recommenda- tion are to serve shall have been recruited: Provid- ed, That in appointments from the country at large preference shall be given those who shall have had honorable service in the Regular Army, the National Guard, or the volunteer forces, or who shall have been graduated from educational institutions in which mil- itary instruction is compulsory: Provided further, That at the same time, not to exceed one Regular Army officer shall hold a volunteer commission in any One battalion of volunteer engineers or signal troops, or in any one battalion of Volunteer Field Artillery; and not to exceed four Regular Army officers shall, at the Same time, hold commissions in any one regi- ment of Volunteer Cavalry, Field Artillery, or In- fantry, or in any twelve companies of Coast Artillery, including their field and staff: And provided further, That Regular Army Officers appointed as Officers of Volunteers under this Act shall not thereby vacate their Regular Army Commissions nor shall they be prejudiced in their relative or lineal standing therein by reason. Of their Service under their volunteer Com- missions. (April 25, 1914, c. 71, § 7, 38 Stat. 349.) § 2026g. Recruiting; time of war; rendez- vous and depots—In time Of War Or While War is imminent all Organizations of the land forces in the military Service Of the United States shall be recruited and maintained as near their prescribed strength as practicable. For this purpose the necessary rendez- vous and depots shall be established by the Secretary of War for the enlistment and training of all recruits, and in Order that Officers may be available for recruit- ing duty the President is authorized, by and with the advice and Consent of the Senate, to appoint officers of Volunteers of the proper arm of the service, ad- ditional to those elsewhere herein authorized, in num- bers not to exceed at the rate of one major, four cap- tains, five first lieutenants, and five second lieutenants for each Organized regiment of Cavalry, Field Artil- lery, or Infantry, each three battalions of Engineers, Or each twelve companies of Coast Artillery; that for purposes of instruction and discipline the troops at recruit depots herein authorized may be organized into Companies and battalions, at the discretion of the Secretary of War, with noncommissioned officers and privates of such grades and numbers as may be prescribed by the President. The recruit rendezvous and recruit depots herein prescribed shall be under the direct control of the Secretary of War, and shall render their reports and returns to The Adjutant Gen- eral of the Army: Provided, That to maintain the or- ganized land militia organizations in the military serv- ice Of the United States at their maximum strength the recruiting rendezvous and depots in any State or Territory may, at the request of the governor thereof, enlist and train recruits for the organized land militia Organizations in the service of the United States from said State or Territory. (April 25, 1914, c. 71, § 10, 38 Stat. 350.) . § 2026.h.. Same; employment of retired officers and enlisted men—In the Organization of a recruit- ing System, after Congress shall have authorized the raising of volunteer forces, the President is author- ized to employ retired officers, noncommissioned offi- Cers, and privates of the Regular Army, either with their rank on the retired list or, in the case of en- listed men, with increased noncommissioned rank; Or he may, by and with the advice and Consent of the Senate, appoint and employ retired officers below the grade of colonel, with increased volunteer com- missioned rank not to exceed in the case of any of— ficer one grade above that held by him upon the re- tired list, or retired enlisted men with volunteer com- missioned rank not above the grade of first lieuten- ant: Provided, That retired. Officers and enlisted men while thus employed shall not be eligible for trans- fer to the field units, but shall receive the full pay and allowances of the respective grades in which they are serving, whether volunteer or regular, in lieu of their retired pay and allowances: Provided further, That upon the termination of the duty Or, in case of those given volunteer rank, upon muster out as vol- unteers said retired Officers and enlisted men shall revert to their retired status. (April 25, 1914, c. 71, § 11, 38 Stat. 350.) - § 2026i. Assignment to duty and transfers of officers—Except as otherwise specifically prescribed by law, all officers provided for in this Act shall be Subject to such assignments of duty and such trans- fers as the President may direct: Provided, That med- ical officers of Volunteers when detailed as consulting Surgeons shall not exercise Command Over the hos- pitals to which they may be assigned for duty, ex- cept that by virtue of their commissions they may command all enlisted men: Provided further, That medical inspectors shall be detailed for duty with each army, field army, Or army corps, and division, and for the base and lines of communications, and that no officer shall be detailed for duty as a medical inspector except he be experienced in military sanita- tion. (April 25, 1914, c. 71, § 12, 38 Stat. 351.) § 2026.j. Forces on footing of Regular Army as to pay—All Officers and enlisted men of the volun- teer forces shall be in all respects on the same footing as to pay, allowances, and pensions as Officers and enlisted men of corresponding grades in the Regular Army. (April 25, 1914, c. 71, § 13, 38 Stat. 351.) § 2027. Maximum strength to be maintained —All organizations of the Volunteer Army shall be SO recruited from time to time as to maintain them as near to their maximum strength as the President may deem necessary, and no new organization shall be accepted into service from any State unless the Organizations already in service from Such State are as near to their maximum strength of Officers and enlisted men as the President may deem necessary. (April 22, 1898, c. 187, § 7, 30 Stat. 362.) See § 1882. - 33 2028–2031 (Tit. 14 TEIE ARMY IPage 2841 - §§ 2028–2031. [Superseded.] These sections, relating to the organization of the troops in the service of the United States, were Superseded by §§ 1758a, 1881c, 2026c-2026f, 2026j, 3047. § 2032. Transferred.] This section is now Ś 1848a. § 2033. [Superseded.] This section, relating to major generals and brigadier generals of the Volunteer Forces, was Superseded by §§ 2026e, 2026f. § 2034. Additional paymasters—When Volun- teers or militia are called into the service of the United States, and the officers of the Paymaster's Department are not deemed by the President sufficient for the punctual payment of the troops, he may ap- point, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called additional paymasters, with the rank of major, not exceeding one for every two regiments of volunteers or militia, as he may deem necessary. (R. S. § 1184.) § 2035. Śame; service temporary—Additional paymasters shall be retained in service Only SO long as they may be required for the payment of Volunteers and militia, as provided herein. (R. S. § 1185.) §§ 2036, 2037. [Superseded.] g These sections, relating to the pay of the Volunteer Forces, were superseded by §§ 2026a-2026.j. § 2038. Extra pay on muster out-In lieu of granting leaves of absence and furloughs to Officers and enlisted men belonging to companies and regi- ments of United States Volunteers prior to muster Out of the service, all officers and enlisted men belonging to volunteer organizations hereafter mustered Out of the service who have served honestly and faithfully beyond the limits of the United States shall be paid two months’ extra pay on muster out and discharge from the service, and all officers and enlisted men belonging to organizations hereafter mustered out of the service who have served honestly and faithfully within the limits of the United States shall be paid one month’s extra pay on muster out and discharge from the service, from any money in the Treasury not otherwise appropriated: Provided, That the dis- charge of all officers and enlisted men from the Vol- unteer service of the United States shall, as far as practicable, take effect on the date of the muster out of the organization to which they belong, and that regiments and other independent organizations shall be mustered out at camps within the limits Of the TJnited States or at the rendezvous of the State, regi- ment, or independent organization. (Jan. 12, 1899, c. 46, § 1, 30 Stat. 784.) . See § 2039. § 2039. Same; payable to heirs or legal rep- resentatives—That the Act of January twelfth, eight- een hundred and ninety-nine, be, and it is hereby, amended so as to authorize the payment to the legal heirs or representatives of the Officers and enlisted men who died or were killed or who may die in the service, the extra pay provided for in that Act for officers and enlisted men who have been or are to be mustered out. (March 3, 1899, c. 423, § 1, 30 Stat. 1074.) - § 2040. [Superseded.] This section, relating to field officers of the Volunteer #. was superseded by §§ 2026d, 2026f. See, also, § § 2041. Examinations of officers—The general commanding a separate department Or a detached ar- my is authorized to appoint from time to time mili- tary boards of not less than three nor more than five Volunteer officers of the Volunteer Army to examine into the capacity, qualifications, conduct, and efficien- cy of any commissioned officer of said army within his command : Provided, That each member of the board shall be superior in rank to the officer whose qualifications are to be inquired into : And provided further, That if the report of such a board is adverse to the continuance of any officer, and the report be approved by the President, such officer shall be dis- charged from service in the Volunteer Army, at the § discretion of the President, with one month's pay and allowances. (April 22, 1898, c. 187, § 14, 30 Stat. 363.) - § 2042. Examinations for commissions—For the purpose of securing a list of persons specially Qualified to hold Commissions in any Volunteer force which may hereafter be called for and Organized un- der the authority of Congress, Other than a force composed of organized militia, the Secretary. Of War is authorized from time to time to Convene boards Of officers at suitable and convenient army posts in dif- ferent parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or District of Columbia, or who, being a citizen of the United States, shall have at- tended or pursued a regular course of instruction in any military School or College Of the United States Army, or shall have graduated from any educational institution to which an Officer Of the Army Or Navy has been detailed as Superintendent Or professOr pur- suant to law after having creditably pursued the course of military instruction therein provided. Such examinations shall be under rules and regulations prescribed by the Secretary of War, and shall be eS- pecially directed to ascertain the practical capacity Of the applicant. The record of previous service of the applicant shall be considered as a part of the exami- nation. Upon the conclusion of each examination the board shall certify to the War Department its judg- ment as to the fitness of the applicant, stating the Of- fice, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and registered shall, subject to a physical examination at the time, constitute an eligible class for commissions pursuant to Such certificates in any volunteer force hereafter called for and organized under the authority of Con- gress, other than a force composed Of Organized mili- tia, and the President may authorize persons from this class to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia : Provided, That no person shall be entitled to receive a commission as a second lieu- tenant after he shall have passed the age of thirty ; as first lieutenant after he slall have passed the age of thirty-five; as captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenant-colonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And pro- vided further, That such appointments shall be dis- tributed proportionately, as near as may be, among the various States contributing such volunteer force: And provided, That the appointments in this section provided for shall not be deemed to include appoint- ments to any office in any company, troop, battery, battalion, or regiment of the organized militia which volunteers as a body or the Officers of which are ap- pointed by the governor of a State or Territory. (Jan. 21, 1903, c. 196, § 23, 32 Stat. 779) - See § 1881a. § 2043. Mustering officers administering oaths—Mustering officers are empowered to adminis- ter oaths in all matters pertaining to the muster Out of volunteers. (Jan. 12, 1899, c. 46, § 2, 30 Stat. 784.) § 2044. Regiments mustered out to retain coi- ors—That the Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered Out of the service of the United States, to Ch. 1) § 2044a THE ARMY retain all of their regimental colors. Said colors shall be turned over to the State authorities to Which said regiments belong, and the regimental quarter- master in making his returns may, in lieu of Said colors and in full release therefor, file With the prop- er Official Of the War Department a receipt from the quartermaster-general of said State that Said colors have been delivered to said State authorities. (Feb. 25, 1899, c. 191, 30 Stat. 890.) - SELECTIVE DRAFT ACT § 2044a. Organization of all increments of Regular Army; draft of National Guard and Na- tional Guard Reserves; draft of additional forces; volužateer divisions—That in View Of the existing emergency, which demands the raising of troops in addition to those now available, the Presi- dent be, and he is hereby, authorized— First. Immediately to raise, Organize, Officer, and equip all or such number of increments of the Regu- lar Army provided by the national defense Act ap- proved June third, nineteen hundred and Sixteen, Or Such parts thereof as he may deem necessary; to raise all organizations of the Regular Army, including those added by such increments, to the maximum en- listed strength authorized by law. Vacancies in the Regular Army created or caused by the addition of increments as herein authorized which can not be filled by promotion may be filled by temporary ap- pointment for the period of the emergency or until replaced by permanent appointments or by provision- al appointments made under the provisions Of Section twenty-three of the national defense Act, approved June third, nineteen hundred and sixteen, and here- after provisional appointments under may be terminated, whenever it is determined, in the manner prescribed by the President, that the officer has not the suitability and fitness requisite for per- manent appointment. . Second. To draft into the military service of the United States, organize, and officer, in accördance With the provisions of section one hundred and eleven Of Said national defense Act, so far as the provisions : Of Said Section may be applicable and not inconsistent With the terms of this Act, any Or, all members of the National Guard and of the National Guard Reserves, and said members so drafted into the military serv- ice of the United States shall serve therein for the period of the existing emergency unless sooner dis- charged : Provided, That when so drafted the organi- zations or units of the National Guard shall, so far as practicable, retain the State designations of their re- Spective OrganizationS. - - Third. To raise by draft as herein provided, organ- ize and equip an additional force of five hundred thousand enlisted men, or such part or parts thereof as he may at any time deem necessary, and to provide the necessary officers, line and staff, for said force and for organizations of the other forces hereby au- thorized, or by combining Organizations of said Other forces, by Ordering members of the Officers’ Reserve Corps to temporary duty in accordance with the pro- Visions of section thirty-eight of the national defense Act approved June third, nineteen hundred and six- teen ; by appointment from the Regular Army, the Officers’ Reserve Corps, from those duly qualified and registered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three (Thirty-second Statutes at Large, page seven hundred and seventy-five), from the mem- bers of the National Guard drafted into the service of the United States, from those who have been gradu- ated from educational institutions at which military instruction is compulsory, or from those who have had honorable service in the Regular Army, the Na- tional Guard, or in the volunteer forces, or from the Country at large; by assigning retired officers of the Regular Army to active duty with such force with their rank on the retired list and the full pay and [Page 285] Said Section allowances of their grade; or by the appointment Of retired officers and enlisted men, active or retired, Of the Regular Army as commissioned Officers in Such forces : Provided, That the Organization of said force shall be the same as that Of the Corresponding Or- ganizations of the Regular Army: Provided further, That the President is authorized to increase or de- Crease the number of Organizations prescribed for the typical brigades, divisions Or army corps of the Regular Army, and to prescribe such new and differ- ent organizations and personnel for army Corps, divi- sions, brigades, regiments, battalions, Squadrons, companies, troops, and batteries as the efficiency of the service may require : Provided further, That the number of Organizations in a regiment Shall not be increased nor shall the number of regiments be de- creased : Provided further, That the President in his discretion may organize, officer, and equip for each Infantry and Cavalry brigade, three machine-gun companies, and for each Infantry and Cavalry divi- Sion four machine-gun Companies, all in addition to the machine-gun companies comprised in Organizations included in such brigades and divisions: Provided further, That the President in his discretion may Or- ganize for each division One armored motor-car ma- Chine-gun Company. The machine-gun Companies Or- ganized under this section shall COnsist Of Such COm- missioned and enlisted personnel and be equipped in Such manner as the President may prescribe: And provided further, That officers with rank not above that of colonel shall be appointed by the President alone, and officers above that grade by the President by and with the advice and consent of the Senate: Provided further, That the President may in his dis- Cretion recommission in the Coast Guard persons Who have heretofore held Commissions in the Revenue-Cut- ter Service Or the Coast Guard and have left the service honorably, after ascertaining that they are Qualified for service physically, morally, and as to age and military fitness. - Fourth. The President is further authorized, in his discretion and at Such time as he may determine, to raise and begin the training of an additional force of five hundred thousand men Organized, Officered, and equipped, as provićied for the force first mentioned in the preceding paragraph of this section. Fifth. To raise by draft, organize, equip, and offi- cer, as provided in the third paragraph of this sec- tion, in addition to and for each of the above forces, such recruit training units as he may deem necessary for the maintenance Of Such forces at the maximum Strength. - Sixth. To raise, organize, officer, and maintain dur- ing the emergency Such number Of ammunition bat- teries and battalions, depot batteries and battalions, and such artillery parks, with such numbers and grades of personnel as he may deem necessary. Such Organizations shall be Officered in the manner provid- ed in the third paragraph of this section, and enlisted men may be assigned to said Organizations from any of the forces herein provided for or raised by selec- tive draft as by this Act provided. Seventh. The President is further authorized to raise and maintain by voluntary enlistment, to Or- ganize, and equip, not to exceed four infantry divi- Sions, the Officers of which shall be selected in the manner provided by paragraph three of section one Of this Act : Provided, That the Organization of said force shall be the same as that of the corresponding Organization of the Regular Army : And provided further, That there shall be no enlistments in Said force of men under twenty-five years of age at time of enlisting: And provided further, That no such volunteer force shall be accepted in any unit Smaller than a division. (May 18, 1917, c. 15, § 1, 40 Stat. 76.) Proclamations issued under this section: July 3, 1917, as follows: “Whereas, the United States of America and the Impe- rial German Government are now at war, and having in view the consequent danger of aggression by a foreign $ 2044a (Tit. 14 THE ARMY [Page 286] enemy, upon the territory of the United States and the necessity for proper protection against possible interfer- ence With the execution of the laws of the Union by agents of the enemy, I, Woodrow Wilson, President of the United States by virtue of the authority vested in me by the Constitution and the laws of the United States and through the governors of the respective States, call into the Service of the United States as of and from the dates hereinafter respectively indicated all members of the Na- tional Guard and all enlisted members of the National Guard Reserve of the following States, who are not now in the service of the United States, except members of staff corps and departments not included in the personnel of tactical Organizations, and except such officers of the National Guard as have been or may be specially notified by my authority that they will not be affected by this call, to Wit: “On July 15, 1917, New York, Pennsylvania, Ohio, West Virginia, Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, and Nebraska; “On July 25, 1917, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Tennessee, Illinois, Montana, Wyoming, Idaho, Washington and Oregon. “The members of the National Guard of the various States affected by this call will be concentrated at such places as may be designated by the War Department. ‘‘II. And, under the authority conferred upon me by clause second of section one of the Act of Congress “to authorize the President to increase temporarily the mili- tary establishment of the United States,’ approved May 18, 1917, I do hereby draft into the military service of the United States as of and from the fifth day of August, nineteen hundred and seventeen, all members of the Na- tional Guard and all enlisted members of the National Guard Reserve of the following States, except members of staff corps and departments not included in the per- sonnel of tactical organizations, and except such other of- ficers of the National Guard as have been or may be spe- cially notified by my authority that they will not be draft- ed, to wit: - - “New York, Pennsylvania, Ohio, West Virginia, Michi- gan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Tennessee, Illinois, Montana, Wyoming, Idaho, Washington, Oregon, Indiana, Kentucky, Georgia, Florida, Alabama, Mississippi, Arkansas, Louisi- ana, Oklahoma, Texas, Missouri, P.Cansas, Colorado, New Mexico, Arizona, Utah and California. “III. All persons hereby drafted shall on and from the fifth day of August nineteen hundred and seventeen, stand discharged from the militia, and, under the terms of sec- tion 2 of the Act of May 18, 1917, be subject to the laws and regulations governing the Regular Army, except as to promotions, so far as such laws and regulations are appli- cable to persons whose permanent retention, in the mili- tary service on the active or retired list is not contem- plated by law. • - “IV. The members of each company, battalion, regi- ment, brigade, division, or other organizations of the Na– tional Guard hereby drafted into the military service of the United States shall be embodied in organizations cor- responding to those of the Regular Army. The officers not above the rank of colonel of said organizations of the National Guard who are drafted and whose offices are pro- vided for in like organizations of the Regular Army, are hereby appointed officers in the Army of the United States in the arm, staff corps or department, and in the grades in which they now hold commission as officers of the Na- tional Guard, such appointments to be effective, subject to acceptance, on and from the fifth day of August, nine- teen hundred and seventeen, and each of them, subject to such acceptance, is hereby assigned as of said date to the organization in the Army of the United States composed of those who were members of the organization of the National Guard in which at the time of draft he held a commission. The noncommissioned officers of the organi- zations of the National Guard the members of which are hereby drafted are hereby appointed noncommissioned of- ficers in their present grade in the organizations of the Army composed of Said members, and shall in each case have the same relative rank as heretofore; and all other enlisted men are hereby confirmed in the Army of the TJnited States in the grades and ratings held by them in the National Guard in all cases where such grades and ratings correspond to grades and ratings provided for in like organizations of the Regular Army, all such appoint- ments of noncommissioned officers and confirmations of other enlisted men in their grades to be without preju- dice to the authority of subordinate Commanders in re- spect of promotions, reductions and changes in enlisted personnel. .. - “V. Each organization of the military force hereby cre- ated will, until further orders, bear the same name and designation as the former Organization of the National Guard of whose members it is Composed. ‘‘VI. All necessary orders for combining the organiza- tions created by embodying therein members of the Na- tional Guard and National Guard Reserve hereby drafted into the military service of the United States into com- É. tactical units will be issued by the War Depart- Iment.” - May 28, 1918, as follows, omitting formal portions: . . “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- ferred upon me by the said acts of Congress, do hereby draft into the military service of the United States, to serve therein for the period of the existing emergency un- less Sooner discharged, as of and from the first day of June, nineteen hundred and eighteen, all members of the First and Second Regiments of Infantry of the Na- tional Guard of the territory of Hawaii and all members of the medical personnel of said National Guard lawfully attached to said regiments. - - “All persons hereby drafted shall on and from the first day of June, nineteen hundred and eighteen, stand dis- charged from the militia, and, in accordance with the provisions of said act of May eighteenth, nineteen hun- dred and seventeen, shall on and from Said date be Sub- ject to the laws and regulations governing the Regular Army, except as to promotions, so far as such laws and regulations are applicable to persons whose permanent retention in the military service on the active or re- tired list is not contemplated by existing law. “The members of each company, battalion and regiment, and of said medical personnel attached thereto, hereby drafted into the military service of the United States shall be embodied in organizations corresponding to those of the Regular Army. The officers of Said organizations and staff department who are drafted and whose offices are provided for in like organizations of the Regular Army are hereby appointed officers in the Army of the United States in the arm or department and in the grades in which they now hold commissions as officers of Said, Na- tional Guard, such appointments to be effective, Subject to acceptance, on and from the first day of June, nineteen hundred and eighteen, and each of them, subject to such acceptance, is hereby assigned as of said date to the organization in the Army of the United States composed of those who were members of the National Guard of the territory of Hawaii. The noncommissioned officers of said organizations the members of which are hereby drafted, and all noncommissioned officers of the medical personnel of said National Guard who are hereby drafted, are hereby appointed noncommissioned officers in their present grade in the organizations of the Army composed of said members, or in the corresponding staff depart- ment thereof, and shall in each case have the same rela- tive rank as heretofore; and all other enlisted , men in said organizations are hereby confirmed in the Army Of the United States in the grades and ratings held by, them in the National Guard of the territory of Hawaii in all cases where such grades and ratings correspond to grades and ratings provided for in like Organizations of the Reg- ular Army, all such appointments of noncommissioned of- ficers and confirmations of other enlisted men in their grades to be without prejudice to the authority of, sub- ordinate commanders in respect º promotions, reductions, nd changes in enlisted personnel. º ; said regiments of said National Guard of the territory of Hawaii and each organization thereof will, until further orders, bear the same name and designation as was borne by it while a part of the National Guard of the territory of Hawaii.” - W § 2044b. Voluntary enlistment or draft to maintain National Guard organizations; selec- tive draft for other forces; persons subject to: quotas, etc.—The enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organizations embodying the members of the National Guard drafted into the service of the United States, at the maximum legal strength as by this Act provided, Shall be raised by voluntary enlistment, or if and whenever the Presi- deat decides that they can not effectually be So raised or maintained, then by selective draft; and all other forces hereby authorized, except as provided in the seventh paragraph of section one, shall be raised and maintained by selective draft exclusively; but this provision shall not prevent the transfer to any force of training cadres from other forces. Such draft as herein provided shall be based upon liability to mili- tary service of all male citizens, or male persons not alien enemies who have declared their intention to become citizens, between the ages of twenty-One and thirty years, both inclusive, and shall take place and be maintained under such regulations as the Presi- dent may prescribe not inconsistent with the terms of this Act. Quotas for the Several States, Territories, and the District of Columbia, or subdivisions thereof, shall be determined in proportion to the population thereof, and credit shall be given to any State, Terri- tory, District, or subdivision thereof, for the number Ch. 1) 3 2014d THE ARMY of men who were in the military service of the Unit- ed States as members of the National Guard on April first, nineteen hundred and seventeen, or who have Since Said date entered the military Service Of the Unit- ed States from any such State, Territory, District, or Subdivision, either as members of the Regular Army or the National Guard. All persons drafted into the Service Of the United States and all officers accepting Commissions in the forces herein provided for shall, from the date of said draft or acceptance, be subject to the laws and regulations governing the Regular Army, except as to promotions, so far as such laws and regulations are applicable to persons whose per- Imanent retention in the military service On the active or retired list is not contemplated by existing law, and those drafted shall be required to serve for the period of the existing emergency unless sooner dis- charged : Provided, That the President is authorized to raise and maintain by voluntary enlistment Or draft, as herein provided, special and technical troops as he may deem necessary, and to embody them into Organizations and to Officer them as provided in the third paragraph of section One and section nine of this Act. Organizations Of the forces herein provided for, except the Regular Army and the divisions au- thorized in the seventh paragraph of section One, shall, as far as the interests of the service permit, be composed of men who come, and of Officers who are appointed from, the same State or locality. (May 18, 1917, c. 15, § 2, 40 Stat. 77.) § 2044c. Bounties and substitutes—No bounty shall be paid to induce any person to enlist in the military Service of the United States; and no person liable to military service shall hereafter be permit- ted Or allowed to furnish a Substitute for Such Serv- ice ; nor shall any substitute be received, enlisted, Or enrolled in the military service of the United States; and no such person shall be permitted to escape such service Or to be discharged therefrom prior to the expiration of his term of service by the payment of money or any other valuable thing whatsoever as Con- sideration for his release from military Service Or lia- bility thereto. (May 18, 1917, c. 15, § 3, 40 Stat. 78.) § 2044d. Exemptions from selective draft; local and district boards—The Vice President Of the United States, the officers, legislative, executive, and judicial, of the United States and of the Several States, Territories, and the District of Columbia, reg- ular or duly ordained ministers of religion, students who at the time of the approval of this Act are pre- paring for the ministry in recognized theological Or divinity schools, and all persons in the military and naval Service Of the United States Shall be exempt from the selective draft herein prescribed ; and noth- ing in this Act contained shall be construed to require or compel any person to serve in any of the forces herein provided for who is found to be a member of any well-recognized religious sect or organization at present organized and existing and whose existing Creed Or principles forbid its members to participate in War in any form and whose religious Convictions are against war or participation therein in accord- ance with the Creed or principles of said religious or- ganizations, but no person so exempted shall be ex- empted from service in any capacity that the Presi- dent Shall declare to be nonCOmbatant ; and the Pres- ident is hereby authorized to exclude or discharge from Said Selective draft and from the draft under the Second paragraph of section One hereof, or to draft for partial military service only from those lia- ble to draft as in this Act provided, persons of the following classes: County and municipal officials; Custom-house Clerks; persons employed by the Unit- ed States in the transmission of the mails; artificers and workmen employed in the armories, arsenals, and navy yards of the United States, and such other per- sons employed in the service of the United States as the President may designate ; pilots; mariners a C- tually employed in the sea service of any citizen or IIPage 287I merchant within the United States; persons engag- ed in industries, including agriculture, found to be necessary to the maintenance of the Military Estab- lishment Or the effective Operation of the military forces Or the maintenance of national interest during the emergency; those in a status With respect to per- SOnS dependent upon them for Support which renders their exclusion or discharge advisable; and those found to be physically or morally deficient. No ex- emption or exclusion shall Continue when a Cause therefor no longer exists: Provided, That notwith- Standing the exemptions enumerated herein, each State, Territory, and the District of Columbia shall be required to Supply its quota in the proportion that its population bears to the total population of the United States. The President is hereby authorized, in his discre- tion, to create and establish throughout the Several States and Subdivisions thereof and in the Territories and the District of Columbia local boards, and where, in his discretion, practicable and desirable, there shall be Created and established One such local board in each County or similar Subdivision in each State, and One for approximately each thirty thousand of popu- lation in each city of thirty thousand population Or. over, according to the last census taken or estimates furnished by the Bureau of Census of the Depart- ment of Commerce. Such boards shall be appointed by the President, and shall consist of three or more members, none of whom Shall be COnnected. With the Military Establishment, to be chosen from among the 10Cal authorities Of Such Subdivisions Or from other Citizens residing in the subdivision or area in which the respective boards will have jurisdiction under the rules and regulations prescribed by the President. Such boards shall have power within their respective jurisdictions to hear and determine, Subject to review as hereinafter provided, all questions of exemption under this Act, and all questions of or claims for in- cluding or discharging individuals or classes of in- dividuals from the selective draft, which shall be made under rules and regulations prescribed by the President, except any and every question or claim for including or excluding or discharging persons or class- eS Of perSons from the Selective draft under the pro- visions of this Act authorizing the President to ex- clude or discharge from the selective draft “Persons engaged in industries, including agriculture, found to be necessary to the maintenance of the Military Es- tablishment, or the effective Operation of the military forces, Or the maintenance of national interest during the emergency.” - The President is hereby authorized to establish ad- ditional boards, one in each Federal judicial district of the United States, consisting of such number of citizens, not connected with the Military Establish- ment, as the President may determine, Who Shall be appointed by the President. The President is hereby authorized, in his discretion, to establish more than One such board in any Federal judicial district of the United States, or to establish one such board having jurisdiction of an area extending into more than one Federal judicial district. Such district boards shall review on appeal and af- firm, modify, or reverse any decision of any local board having jurisdiction in the area in which any such district board has jurisdiction under the rules and regulations prescribed by the President. Such district boards shall have exclusive Original jurisdic- tion within their respective areas to hear and de- termine all questions or claims for including or ex- cluding or discharging persons or classes of persons from the selective draft, under the provisions of this Act, not included within the Original jurisdiction of Such local boardS. - The decisions Of Such district boards shall be final except that, in accordance with such rules and regu- lations as the President may prescribe, he may affirm, modify or reverse any such decision. - & 2044d (Tit. 14 THE ARMY &A IPage 2881 Any vacancy in any such local board or district board shall be filled by the President, and any mem- ber of any such local board or district board may be removed and another appointed in his place by the President, whenever he considers that the interest Of the nation demands it. The President shall make rules and regulations gov- erning the organization and procedure of Such local boards and district boards, and providing for and gov- erning appeals from such local boards to such district boards, and reviews of the decisions of any local board by the district board having jurisdiction, and determining and prescribing the several areas in which the respective local boards and district boards shall have jurisdiction, and all. Other rules and regu- lations necessary to carry out the terms and provi- sions of this section, and shall provide for the iSSu- ance of certificates of exemption, or partial or lim- ited exemptions, and for a system to exclude and dis- charge individuals from selective draft. (May 18, 1917, c. 15, § 4, 40 Stat. 78.) § 2044.e. Registration; persons subject; fail- aire—All male persons between the ages Of twenty- one and thirty, both inclusive, shall be subject to reg- istration in accordance with regulations to be pre- scribed by the President; and upon proclamation by the President or other public notice given by him or by his direction stating the time and place of such registration it shall be the duty of all persons of the designated ages, except officers and enlisted men of the Regular Army, the Navy, and the National Guard and Naval Militia. While in the Service Of the United States, to present themselves for and Submit to registration under the provisions of this Act ; and every Such perSOn shall be deemed to have notice Of the requirements Of this Act upon the publication of Said proclamation or other notice as aforesaid given by the President or by his direction ; and any person who shall willfully fail or refuse to present himself for registration or to submit thereto as herein provid- ed, shall be guilty of a misdemeanor and shall, upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprison- ment for not more than one year, and shall thereupon be duly registered: Provided, That in the call of the docket precedence shall be given, in courts trying the same, to the trial of criminal proceedings under this Act: Provided further, That persons shall be subject to registration as herein provided who shall have at- tained their twenty-first birthday and who shall not have attained their thirty-first birthday on or before the day set for the registration and all persons so reg- iStered shall be and remain subject to draft into the forces hereby authorized, unless exempted or excused therefrom as in this Act provided: Provided further, That in the case of temporary absence from actual place of legal residence of any person liable to reg- istration as provided herein such registration may be made by mail under regulations to be prescribed by the President. (May 18, 1917, c. 15, § 5, 40 Stat. 80.) Proclamations issued under this section: May 18, 1917, for registration in the United States, the territories, and the District of Columbia.” May 26, 1917, relating to registration in the United States, the territories, and the District of Columbia. June 27, 1917, for registration in Porto Rico. June 30, 1917, for registration in Alaska. July 2, 1917, for registration in Hawaii. § 2044f. Services of all departments amd of- ficers of United States and States; false registral- tion--The President is hereby authorized to utilize the Service of any or all departments and any or all of ficers Or agents of the United States and of the sev- eral States, Territories, and the District of Columbia, and subdivisions thereof, in the execution of this Act, and all Officers and agents of the United States and Of the several States, Territories, and Subdivisions thereof, and of the District of Columbia, and all per- Sons designated or appointed under regulations, pre- scribed by the President whether such appointments are made by the President himself or by the governor or other officer of any State or Territory to perform any duty in the execution of this Act, are hereby re- quired to perform such duty as the President Shall order or direct, and all such officers and agents and persons so designated or appointed shall hereby have full authority for all acts done by them in the execu- tion of this Act by the direction of the President. Correspondence in the execution of this Act may be carried in penalty envelopes bearing the frank of the War Department. Any person charged as herein pro- vided with the duty of carrying into effect any of the provisions of this Act or the regulations made Or directions given thereunder who shall fail or neg- lect to perform such duty; and any person charged with such duty or having and exercising any author- ity under said Act, regulations, or directions, Who shall knowingly make or be a party to the making of any false or incorrect registration, physical ex- amination, exemption, enlistment, enrollment, or mus- ter; and any person who shall make or be a party to the making of any false statement or certificate as to the fitness or liability of himself or any other per- son for service under the provisions of this Act, or regulations made by the President thereunder, or oth- erwise evades or aids another to evade the require- ments of this Act or of said regulations, or who, in any manner, shall fail or neglect fully to perform any duty required of him in the execution of this Act, shall, if not subject to military law, be guilty of a misdemeanor, and upon conviction in the district Court of the United States having jurisdiction thereof, be punished by imprisonment for not more than one year, or, if subject to military law, shall be tried by court- martial and Suffer such punishment as a court-martial may direct. (May 18, 1917, c. 15, § 6, 40 Stat. 80.) § 2044.g. Voluntary enlistments; grouping emlisted or drafted units—The qualifications and conditions for voluntary enlistment as herein provid- ed shall be the same as those prescribed by existing law for enlistments in the Regular Army, except that recruits must be between the ages of eighteen and forty years, both inclusive, at the time of their enlist- ment; and such enlistments shall be for the period Of the emergency unless Sooner discharged. All en- listments, including those in the Regular Army Re- serve, which are in force on the date of the approval of this Act and which would terminate during the emergency shall continue in force during the emergen- Cy unless sooner discharged; but nothing herein Con- tained shall be construed to shorten the period of any existing enlistment: Provided, That all persons enlisted or drafted under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political Subdivisions Of the same: Provided further, That all persons who have enlisted since April first, nineteen hundred and sev- enteen, either in the Regular Army or in the National Guard, and all persons who have enlisted in the Na- tional Guard since June third, nineteen hundred and sixteen, upon their application, shall be discharged upon the termination of the existing emergency. The President may provide for the discharge of any or all enlisted men whose status with respect to de- pendents renders such discharge advisable; and he may also authorize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank On the retired list Or in higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. (May 18, 1917, c. 15, § 7, 40 Stat. 81.) § 2044 h. Temporary appointment of general officers; vacancies in Regular Army—The Presi- dent, by and with the advice and consent of the Sen- ate, is authorized to appoint for the period of the ex- isting emergency such general officers of appropriate grades as may be necessary for duty with brigades, divisions, and higher units in which the forces pro- vided for herein may be organized by the President, Ch. 1) 3 2044n THE ARMY [Page 289] and general officers of appropriate grade for the Sev- eral Coast Artillery districts. In So far as Such ap- pointments may be made from any of the forces here- in provided for, the appointees may be Selected ir- respective of the grades held by them in Such forces. Vacancies in the grades of the Regular Army result- ing from the appointment of officers thereof to high- er grades in the forces other than the Regular Army herein provided for shall be filled by temporary pro- motions and appointments in the manner prescribed by section one hundred and fourteen of the national defense Act, approved June third, nineteen hundred and sixteen, except that such promotions and appoint- ments may be made by the President alone when Such vacancies are in grades not above that of Colonel; and officers appointed under the provisions of this Act to higher grades in the forces other than the Regular Army herein provided for shall not vacate their per- manent commissions or be prejudiced in their rela- tive or lineal standing in the Regular Army. (May 18, 1917, c. 15, § 8, 40 Stat. 81, amended April 20, 1918, c. 61, 40 Stat.) § 2044i. Period of appointments authorized by sections 1 and 8—The appointments authorized and made as provided by the second, third, fourth, fifth, sixth, and seventh paragraphs of section One and by section eight of this Act, and the temporary appointments in the Regular Army authorized by the first paragraph of section one of this Act, shall be for the period of the emergency, unless sooner ter- minated by discharge or otherwise. The President is hereby authorized to discharge any officer from the Office held by him under such appointment for any Cause which, in the judgment of the President, would promote the public service; and the general Com- manding any division and higher tactical Organiza- tion Or territorial. department is authorized to appoint from time to time military boards of not less than three nor more than five Officers of the forces herein provided for to examine into and report upon the capacity, qualification, conduct, and efficiency of any Commissioned Officer within his COImmand Other than Officers of the Regular Army holding permanent or provisional Commissions therein. Each member of Such board shall be superior in rank to the Officer Whose qualifications are to be inquired into, and if the report of such board be adverse to the continu- ance of any such officer and be approved by the Pres- ident, such officer shall be discharged from the Serv- ice at the discretion of the President with One month’s pay and allowances. (May 18, 1917, c. 15, § 9, 40 Stat. 82.) § 2044.j. Pay, allowances, and pensions; in- crease of pay—All officers, and enlisted men of the forces herein provided for other than the Regular Army shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades and length of service in the Regular Army ; and Commencing June One, nine- teen hundred and seventeen, and COntinuing Until the termination of the emergency, all enlisted men. Of the Army of the United States in active service whose base pay does not exceed $21 per month shall receive an increase of $15 per month ; those whose base pay is $24, an increase of $12 per month ; those Whose base pay is $30, $36, or $40, an increase of $8 per month ; and those whose base pay is $45 or more, an increase of $6 per month: Provided, That the increases of pay herein authorized shall not enter into the COmputa- tion of Continuous-service pay. (May 18, 1917, c. 15, § 10, 40 Stat. 82.) § 2044k. Restrictions on details of officers and exalisted men of Regular Army suspended--All ex- isting restrictions upon the detail, detachment, and employment of officers and enlisted men of the Reg- ular Army are hereby suspended for the period of the present emergency. (May 18, 1917, c. 15, § 11, 40 Stat. 82.) COMP.ST.’18—19 § 2044l. Termination of services under Act- The service of all persons selected by draft and all enlistments under the provisions of the Act entitled “An Act to authorize the President to increase tem- porarily the Military Establishment of the United States,” approved May eighteenth, nineteen hundred and seventeen, shall be for the period of the War, un- less sooner terminated by discharge or otherWise. Whenever said war shall cease by the conclusion of peace between the United States and its enemies in the present war, the President shall so declare by a public proclamation to that effect, and within four months after the date of said proclamation Or as SOO}} thereafter as it may be practicable to transport the forces then serving without the United States to their home station, the provisions of said Act, in So far as they authorize compulsory service by Selective draft Or otherwise, shall cease to be of force and effect. (June 15, 1917, c. 29, § 4, 40 Stat. 217.) § 2044 m. Caliing members of classes for in- mediate service—If under any regulations hereto- fore or hereafter prescribed by the President perSonS registered and liable for military service under the terms of the Act of Congress approved May eighteenth, nineteen hundred and seventeen, entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States,” aré placed in classes for the purpose of determining their relative liability for military service, no provision of said Act shall prevent the President from calling for immediate military service under regulations hereto- fore or hereafter prescribed by the President all or part of the persons in any class or classes except those exempt from draft under the provisions of said Act, in proportion to the total number of persons placed in such class or classes in the various subdivi- sions of the States, Territories, and the District of CO- lumbia designated by the President under the terms Of said Act; or from calling into immediate military Service persons classed as skilled experts in industry Or agriculture, however classified Or Wherever residing. (May 16, 1918, c. 76, 40 Stat.) § 2044m. Registration of persons becoming 21 since June 5, 1917; classification.--During the present emergency all male persons, citizens of the United States and all male persons residing in the United States, who have, since the fifth day of June, nineteen hundred and seventeen, and on or before the day Set for the registration by proclamation by the President, attained the age of twenty-one years, shall. be Subject to registration in accordance with regula- tions to be prescribed by the President, and that upon proclamation by the President, stating the time and place of Such registration, it shall be the duty Of all Such persons, except such persons as are exempt from registration under the Act of May eighteenth, nineteen hundred and seventeen, and any Act or Acts amendatory thereof, to present themselves for and Submit to registration under the provisions of Said Act approved May eighteenth, nineteen hundred and sev- enteen, and they shall be registered in the same man- ner and Subject to the same requirements and lia- bilities as those previously registered under the terms of said Act: Provided, That those persons registered under the provisions Of this Act shall be placed at the bottom of the list of those liable for military serv- ice, in the several classes to Which they are assigned, under such rules and regulations as the President may prescribe. (May 20, 1918, c. 79, § 1, 40 Stat.) Proclamation under this section: May 20, 1918, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States, do call upon the governor of each of the several states, the Board of Commissioners of the Dis- trict of Columbia, and all members of local boards and agents thereof appointed under the provisions of said act of Congress approved May 18, 1917, to perform certain du- ties in the execution of the foregoing law, which duties will be communicated to them directly in the regulations prescribed under the terms of said public resolution. 3 2044n (Tit. 14 THE ARMY IIPage 290I “And I do further proclaim and give notice to every person Subject to registration in the several states, and in the District of Columbia, in accordance with the above law, that the time and place of such registration shall be between 7 a. m. and 9 p. m. on the 5th day of June, 1918, at the office of the local board having jurisdiction of the area wherein he permanently resides, or at such other #: as shall be designated by public notice by such local O3.I’Oi. “All male persons, either citizens of the United States or residing in the several states, or in the District of Columbia, who have, since the 5th day of June, 1917, and On or before the 5th day of June, 1918, attained their twenty-first birthday, are required to register in accord- ance With the above law and the regulations prescribed thereunder: Provided, however, That the following per- Sons are hereby exempted from registration: Officers and enlisted men of the Regular Army, the Navy, the Marine Corps, and the National Guard and Naval Militia. While in the service of the United States, and officers in the Officers’ Reserve Corps and enlisted men in the Enlisted Reserve Corps while in active service. “A day for registration in the territories of Alaska, Ha- waii, and Porto Rico will be named in a later proclama- tion. “As required by the regulations, every local board hav- ing jurisdiction in a city of 30,000 population or over will promptly cause the mayor thereof to be notified of the place or places designated for registration; every. local board having jurisdiction in a county, parish, or similar unit will promptly cause the clerk thereof to be notified of the place or places designated for registration, and every local board having jurisdiction in a State Or ter- a ritory, the area of which is divided into divisions for the administration of the act approved May 18, 1917, will promptly cause the clerks of the townships within its di- vision to be notified of the place or places designated for registration. “And I do call upon every mayor, county clerk, Dr town- ship clerk receiving such notification to have a list of said places of registration, posted, and do charge him with the duty of having all persons making inquiry in- formed of the place or places at which they may register. “Any person who, on account of sickness, Will be un- able to present himself for registration may apply on or before the day of registration at the office of any lo- cal board for instructions as to how he may register by agent. sº, person who expects to be absent on the day des- ignated for registration from the jurisdiction of the board in which he permanently resides may register by mail, but his registration card must reach the local board having Ju- risdiction of the area wherein he permanently resides by the day herein named for registration. Any such person should apply as soon as practicable at the office of a local board for instructions as to how he may register by mail. “Any person who has no permanent . residence must register at the place designated for registration by the local board having jurisdiction of the area wherein he may be on the day herein named for registration. “Any person who, on account of absence at Sea, Qr,9n account of absence without the territorial limits of the United States, may be unable to comply. With the regula- tions pertaining to absentees shall, within five days after reaching the first United States port, register with his proper local board or as provided in the regulations for other absentees.” § 20440. Registration of persons subsequently becoming 21; exemptions—After the day Set under section one hereof for the registration by proclamation by the President at such intervals as the President may from time to time prescribe, the President may require that all male persons, citizens Of the United States and all male persons residing in the United States, who have attained the age of tWenty-One years since the last preceding date of registration, and On or before the next day set for the registration by proclamation by the President, except such persons as are exempt from registration under the Act of May eighteenth, nineteen hundred and seventeen, and any Act or Acts amendatory thereof, shall be registered in the same manner and Subject to the same requirements and liabilities as those previously registered under the terms of Said Act: Provided, That Students Who are preparing for the ministry in recognized theological or divinity schools, and students who are preparing for the practice Of medicine and Surgery in recognized medical schools, at the time of the approval of this Act shall be exempt from the Selective draft prescrib- ed in the Act of May eighteenth, nineteen hundred and Seventeen. (May 20, 1918, c. 79, § 2, 40 Stat.) § 2044.p. Liabišity of registered persons to military service—All Such persons when registered Shall be liable to military Service and to draft under the terms of Said Act approved May eighteenth, nine- teen hundred and seventeen, under such regulations as the President may prescribe not inconsistent with fºrms of Said Act. (May 20, 1918, c. 79, § 3, 40 all. § 2044q. Aet May 18, 1917, c. 15, applicable— All such persons shall be subject to the terms and provisions and liabilities of said Act approved. May eighteenth, nineteen hundred and Seventeen, in all respects as if they had been registered under the terms of Said Act, and every such perSOn Shall be deemed to have notice of the requirements of said Act and Of this joint resolution upon the publication of any such proclamation by the President. (May 20, 1918, c. 79, § 4, 40 Stat.) Chapter Two—Retirement . Existing laws pertaining to or affecting officers and en- listed men Qn the retired list are continued in force, ex- Qept as Specifically provided otherwise by the National De- Sec fense Act of 1916, by § 22 thereof. See § 1991a. 2045. On officer’s own application. 2046. After 45 years or at age of 62. 2047. On officer's own application after 40 years’ regular or Volunteer service; at age of 64. 2048. Same; additional to those theretofore authorized. 2049. Officers of Medical Reserve Corps. - Officers of Philippine Scouts. Officers detailed for duty with Canal Commission. 2050. Veterinarians. 2051. Paymaster’s clerks; age limit. 2052. Length of service in rank above colonel. 2053. For disability. 2054. Retiring board; composition of. 2055. Same; oath of members. 2056. Powers and duties. 2057. Same; findings. 2058. Same; revision by the President. 2059. Same; finding of disability by incident of service. 2060. Same; finding of disability not by incident of service. 2061. Officers entitled to hearing. 2062. Discharge of supernumerary officers. 2063. Retired rank. 2064. Rank and pay on retirement for wounds in action. 2065. Pay of officers on retired list accepting diplomatic or Consular office. - 2066. Rank and pay of officers serving with credit during civil War”. 2067. Same. 2068. Commissions to retired officers advanced in rank. 2068a. Appointment to higher grade of certain officers. 2068b Appºintment of Colonels to grade of brigadier gen- era.1. 2068c. Appointment of brigadier generals to grade of ma- jor general. - 2068d. Appointment of officers to grade of major general. 2068e. Advancement in rank of officers detailed to Isthmian Canal Commission. 2069. Status of retired officers. 2070. Rights and liabilities of retired officers. 2071. Vacancies by retirement. - 2072. Number on retired list. 2073. Transfers from limited to unlimited list; limited list. 2073a. Transfer to active list; disability. 2073aa. Same; certain officers transferred to retired list. 2073b. List of officers on retired list; examination of such number on Officers retired for physical Officers; assignment to duty. 2074. Assignment of retired officers to duty. 2075. Same; in time of war. 2075a. Same; to post temporarily left without garrison. 2075b. Same; service in corps of engineers. 2076. Same; adjutant-general of District of Columbia militia. 2077. Same; organized militia. 2078. Same; not involving service with troops. 2078a. Same; acting quartermasters. 2079. Same; members of board of road commissioners for Alaska. 2080. Same; rank, pay and allowances; officers above grade Of major. 2080a. Same; rank, pay, and allowances. 2080b. Same; rank, pay, and allowances; 2081. Same ; colonel or lieutenant-colonel. 2082. Retirement of enlisted men; rank, pay, and allowances. 2083. Same; Subsistence and clothing. 2084. Same; length of service. - 2085. Same; length of. Service; double time. 2086, Same; length of service; double time. 2087. Same; length of service; double time. 2088. Same; length of Service; double time. § 2045. On officer’s own application—When an officer has served forty consecutive years as a com- missioned officer, he shall, if he makes application officers of artillery. Ch. 2) 3 2058 THE ARMY [Page 2911 therefor to the President, be retired from active Serv- ice and placed upon the retired list. When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. (R. S. § 1243.) § 2046. After 45 years or at age of 62—When any officer has served forty-five years as a commis- Sioned Officer, Or is sixty-two years old, he may be re- tired from active Service at the discretion. Of the PreS- ident. (R. S. § 1244.) § 2047. On officer’s own application after 40 years’ regular or volunteer serviee; at age of 64 —On and after the passage of this act when an officer has served forty years either as an officer or soldier in the regular or volunteer service, or both, he shall, if he make application therefor to the President, be re- tired from active service and placed on the retired list, and, when an officer is sixty-four years of age, he shall be retired from active service and placed on the retired list. (June 30, 1882, c. 254, § 1, 22 Stat. 118.) Special provisions relating to retirement of officers of staff corps and departments, etc., see §§ 1764–1876. Retire- ment of professors of Military Academy, see § 2257; Offi- cers of Reserve Officers’ Corps and temporary second lieu- tenants in Regular Army, see §§ 1881b, 1881d; computation of active service in Officers’ Reserve Corps of officers of Regular Army, see § 1881c. § 2048. Same; additional to those theretofore authorized—Nothing contained in the act making ap- propriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eigh- ty-three approved June thirtieth, eighteen hundred and eighty-two, shall be so construed as to prevent, lim- it, or restrict retirements from active service in the Army, as authorized by law in force at the date of the approval of said act, retirements under the provisions Of said act of June thirtieth, eighteen hundred and eighty-two, being in addition to those theretofore au- thorized by law. (March 3, 1883, c. 93, § 1, 22 Stat. 457.) See § 2047. § 2049. Officers of Medical Reserve Corps—Any officer of the Medical Reserve Corps who shall have reached the age of seventy years, and whose total active Service in the Army of the United States, Regu- lar or Volunteer, as such officer, and as contract or act- ing assistant Surgeon, and as an enlisted man, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the Army with the rank, pay, and allowances of a first lieutenant. (June 22, 1910, c. 312, 36 Stat. 580, amend- ed, March 4, 1911, c. 252, 36 Stat. 1348.) § 2049a). Officers of Philippine Scouts–Cap- tains and lieutenants of Philippine Scouts who are citi- Zens of the United States shall hereafter be entitled to retirement under the laws governing the retire- ment of enlisted men of the Regular Army, except that they shall be retired in the grade held by them at the date of retirement, shall be entitled to retire- ment for disability under the same conditions as offi- cers of the Regular Army, and that they shall receive, as retired pay, the amounts allowed by law, as re- tired pay and allowances, of master signal electricians of the United States Army, and no more: Provided, That double time for service beyond the continental limits of the United States shall not be counted for the purposes of this section SO as to reduce the actual period of service below twenty years: Provided fur- ther, That former officers of the Philippine Scouts who, because of disability occasioned by wounds re- Ceived in action, have resigned or been discharged from the service, or who have heretofore served as Such for a period of more than five years and have been retired as enlisted men, shall be placed upon the retired list as officers of Philippine Scouts and thereafter receive the retired pay and allowances provided by this section for other officers of Philippine Scouts: And provided further That any former offi- cer of Philippine Scouts who vacated his office in the Philippine Scouts by discharge or resignation. On a C- count of disability contracted in the line of duty and who was subsequently retired as an enlisted man, eX- cept any former Officer of Philippine Scouts who has been retired as an enlisted man by Special Act of COn- gress, shall be transferred to the retired list created by this section and shall thereafter receive the re- tired pay and allowances authorized by this section, and no more. Officers of Philippine Scouts retired un- der the provisions of this section shall not form part of the limited retired list now authorized by law. (June 3, 1916, c. 134, § 26, 39 Stat. 185.) . § 2049b. Officers detailed for duty with Canal Commission—At any time after the passage of this Act any Officer of the Army Or Navy to be benefited by the provisions of this Act may, On his Own applica- tion, be retired by the President at seventy-five per Centum of the pay of the rank upon which he is re- tired. (March 4, 1915, c. 167, § 6, 38 Stat. 1191.) § 2050. Veterinarians—Hereafter SO much Of Section twenty, of the Act approved February second, nineteen hundred and one, as provides that veterina- rians shall receive the pay and allowances of second lieutenants, mounted, shall be interpreted to authorize their retirement under the laws governing the retire- ment of second lieutenants. 36 Stat. 1042.) See § 1724a. § 2051. Paymaster’s clerks; age limit—Here- after the age limit for the retirement of Army paymas- ters’ Clerks shall be the same as the age limit for the Tétirement of commissioned officers of the Army. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 575.) See §§ 1779, 1783. *. § 2052. Length of service in rank above colo- nel–Hereafter no officer holding a rank above that of Colonel shall be retired except for disability or on ac- COUnt Of having reached the age of sixty-four years un- til he shall have served at least one year in such rank. (June 12, 1906, c. 3078, 34 Stat. 245.) - § 2053. For disability—When any officer has be: COme incapable of performing the duties of his office, (March 3, 1911, c. 209, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided. (R. S. § 1245.) Retirement for disability: Medical Department, see §§ 1810, 1811; Philippine Scouts, see § 2049a; Judge Advocate- General’s Department, see § 1775b. § 2954. Retiring board; composition of—The Secretary of War, under the direction of the Presi- dent, Shall, from time to time, assemble an Army re- tiring board, consisting of not more than nine nor less than five officers, two-fifths of whom shall be se- lected from the Medical Corps. The board, excepting the Officers selected from the Medical Corps, shall be Composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. (R. S. § 1246.) § 2055. Same; oath of members—The members Of Said board shall be sworn in every Case to dis- charge their duties honestly and impartially. (R. S. § 1247.) . - § 2056. Same; powers and duties—A retiring iboard may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his Office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. (R. S. $ 1248.) § 2057. Same; findings—When the board finds an officer incapacitated for active Service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. (R. S. $ 1249.) § 2058. Same; revision by the President—The proceedings arid decision of the board shall be trans. mitted to the Secretary of War, and shall be laid by him before the President for his approval or disan. proval and orders in the case. (R. S. § 1250.) . ź 2059 (Tit. 14 THE ARMY [Page 292I § 2059. Same; finding of disability by inci- dent of service—When a retiring board finds that an Officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed On the list of retired officers. (R. S. § 1251.) § 2060. Same; finding of disability not by in- cident of service—When the board finds that an Of- ficer is incapacitated for active service, and that his incapacity is not the result of any incident of Service, and its decision is approved by the President, the Of- ficer shall be retired from active Service, or wholly retired from the service, as the President may de- termine. The names Of Officers wholly retired from the service shall be omitted from the Army Register. (R. S. § 1252.) § 2061. Cºfficers entitled to hearing—Except in cases where an Officer may be retired by the President upon his own application, or by reason of his having served forty-five years, or of his being sixty-two years Old, no Officer Shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. (R. S. § 1253.) - § 2062. Discharge of supermuznerary officers —Any Officer who is supernumerary to the permanent Organization of the Army as provided by law may, at his own request, be honorably discharged from the Army, and shall thereupon receive One year’s pay for each five years of his service, but no officer shall re- Ceive more than three years’ pay in all. (June 30, 1882, c. 254, § 1, 22 Stat. 118.) § 2063. Retired rank—Officers hereafter retired from active service shall be retired upon the actual rank held by them at the date of retirement. (R. S. 1254. § ºne. as to retired rank, see §§ 1728, 1764-1876, 2064, 2067-2068d, 2075, 2080, 2080a. § 2064. Rank and pay on retirement for wounds in action—All officers of the Army who have been heretofore retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time when such wound was received, and shall be borne on the retired list and receive pay hereafter accordingly ; and this Section shall be taken and construed to include those now borne On the retired list placed upon it. On account of wounds received in action: Provided, That no part of the foregoing act shall apply to those Of- ficers who had been in Service as Commissioned Of- ficers twenty-five years at the date Of their retire- ment; nor to those retired officers who had lost an arm or leg, or has an arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two chapter thirty-eight act of March thir- ty, eighteen hundred and sixty-eight ; and be it also provided that no retired officer shall be affected by this act, who has been retired or may hereafter be re- tired. On the rank held by him at the time Of his re- tirement. (March 3, 1875, c. 178, § 2, 18 Stat. 512.) § 2065. Pay of officers on retired list accept- ing diplomatic or consular office—The accounting officers of the Treasury are hereby directed not to suspend or withhold the pay of any retired officer of the Army whose name was upon the retired list prior to the passage of the act of March third, eighteen hun- dred and seventy-five, and having lost an arm or leg, Or having an arm or leg permanently disabled by rea- Son of resection on account of wounds or having lost both eyes by reason of wounds received in battle has been retained upon said list by the Secretary of War in obedience to the act of March third, eighteen hun- dred and seventy-five notwithstanding such officer ac- cepted and held a diplomatic or consular office. (March 3, 1891, c. 540, § 1, 26 Stat. 872.) § 2066. Rank and pay of officers serving with credit during civil war—Any Officer of the Army below the grade of brigadier-general who served with Credit as an Officer Or as an enlisted man in the regu- lar or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, Other- Wise than as a Cadet, and whose name is borne On the Official register of the Army, and who has heretofore been, or may hereafter be, retired on account of wounds or disability incident to the service, or on account of age or after forty years’ service, may, in the discretion of the President, by and with the ad- Vice and Consent of the Senate, be placed on the re- tired list of the Army with the rank and retired pay Of one grade above that actually held by him at the time of retirement: Provided, That this Act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been re- stored to the Army and placed on the retired list by virtue of the provisions of a special Act of Congress. (April 23, 1904, c. 1485, 33 Stat. 264.) $ 20.67. Same—Officers who served creditably in the regular or volunteer forces during the civil War prior to April ninth, eighteen hundred and sixty-five, and who now hold the rank of brigadier-general On the active list of the Army, having previously held that rank for three years or more, shall, when retired from active service, have the rank and retired pay of major-general. (March 2, 1907, c. 25.11, 34 Stat. 1163.) § 2068. Commissions to retired officers ad- vanced in rank—Commissioned officers Of the Army, Navy, and Marine Corps on the retired list whose rank has been or shall hereafter be advanced by Operation Of Or in accordance with law shall be entitled to and Shall receive Commissions in accordance with Such ad- vanced rank. (March 4, 1911, c. 266, 36 Stat. 1354.) § 2068a. Appointment to higher grade of cer- tain officers—That the President be, and he is here- by, authorized to appoint, by and with the advice and Consent of the Senate, any brigadier general Of the Army on the retired list who has held the rank and Command of major general of Volunteers and per- formed the duties incident to that grade in time of actual warfare, and has been honorably discharged and who served with credit in the Regular Or Vollin- teer forces during the Civil War prior to April ninth, eighteen hundred and sixty-five, to the grade of major general in the United States Army and place him. On the retired list with the pay of brigadier general on the retired list; and any officer now On the retired list of the Army who served with Credit for more than two years as a commissioned officer of Volun- teers during the Civil War prior to April ninth, eight- een hundred and sixty-five, and who Subsequently Served with Credit for more than forty years as a commissioned officer of the Regular Army, including Service in Command of troops in five Indian Cam- paigns, the War with Spain, and the Philippine in- surrection, and to whom the Congressional medal of honor for most distinguished conduct in action has been twice awarded, and who has also been brevetted for conspicuous gallantry in action, and place him On the retired list of the Army with the rank and re- tired pay of one grade above that actually held by him at the time of his retirement from active Serv- ice in the Regular Army. (March 4, 1915, c. 143, § 1, 38 Stat. 1084.) § 2068b. Appointment of colonels to grade of brigadier general—That the President be, and he is hereby, authorized to appoint any colonel of the Army On the retired list who before retirement Served more than forty-five years and six months, including sixteen years in the line of the Army, who held command in the line or staff Over nine and a half years, who re- ceived campaign badges for service in four Indian campaigns and in the War with Spain and the Philip- pine insurrection, and who was recommended by the Ch. 2) 3 2073aa THE ARMY IPage 293I Commanding general in time of War or insurrection for appointment to the grade of general officer in the Volunteer Army, to the grade of brigadier general on the retired list: Provided, That such officer did not receive advanced grade upon retirement nor has since received any advance over the grade held at the § of retirement. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 627. § 2068c. Appointment of brigadier generals to grade of major general—That the President be, and he is hereby, authorized to appoint to the grade of major general on the retired list of the Army any brig- adier general now borne On said list who served with Credit in the Army throughout both the Civil War and the War with Spain, as well as during the in- terval between said wars, and who, being a general Officer, exercised with efficiency and gallantry the Command of a brigade or of a higher unit in action Ol' in actual operations against an enemy, and who in COnSideration. Of Services SO rendered Was recommend- ëd to be a major general, United States Volunteers, by the Commanding general of the Army, as shown by the records of the War Department: Provided, That any brigadier general On the retired list who as Senior Colonel Commanded with credit a brigade or higher unit in the Civil War, though not so recommended, may be advanced in grade as authorized by this para- graph if he fulfills the other requirements thereof. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 628.) § 2068d. Appointment of officers to grade of Imajor general—That the President be, and he is hereby, authorized to appoint and place on the retired ſist of the Army with the rank of major general, any Officer on the retired list who served not less than One year in the Regular Or Volunteer forces of the United States during the Civil War prior to April ninth, eight- een hundred and sixty-five, and who was honorably discharged therefrom, who has since served not less than forty years as a commissioned Officer of the Reg- ular Army, and who was the last Civil War veteran On the active list of the Army for Over two years be- fore retirement and had ranked every general officer On the active list in length Of Service when he retired. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 628.) § 2068 e. Advancement in rank of officers de- tailed to Isthmian Canal Commission--Such Offi- CerS Of the Army and Navy as were detailed for duty with the Isthmian Canal Commission on the Isthmus of Panama, for more than three years, and who shall not have been advanced in rank by any other provi- sion of this bill, shall be advanced one grade in rank upon retirement: Provided, That any officer of the Army Or Navy now on the retired list with similar service shall be immediately advanced One grade in raxak on the retired list of the Army or Navy. (March 4, 1915, c. 167, § 3, 38 Stat. 1191.) § 2069. Status of retired officers—Officers retir- ed from active Service shall be Withdrawn from COm- mand and from the line of promotion. (R. S. § 1255.) § 2070. Rights and liabilities of retired offi- cers—Officers retired from active service shall be enti- tled to wear the uniform of the rank On which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general Court- martial for any breach thereof. (R. S. § 1256.) Further as to Articles of War, see § 2308a, art. 2. Pay and allowances of retired officers, see §§ 1274, 1275, 2138, 2140; pay and allowances when assigned to active duty, See §§ 2075, 2075a, 2080, 2080a, 2081; detail and assignment to duty of retired officers, see §§ 1881b, 1881i, 2077–2079, 3073, 3074, 3232, and chapter 4 A of this Title. § 2071. Vaeancies by retirement—When any of— ficer in the line of promotion is retired from active Service, the next Officer in rank shall be promoted to his place, according to the established rules of the service ; and the same rule of promotion shall be ap- plied, successively, to the vacancies consequent upon Such retirement. (R. S. § 1257.) § 2072. Number on retired list—The whole number of officers of the Army on the retired list shall not at any time exceed three hundred, and any less Inumber to be allowed thereon may be fixed by the President in his discretion. (R. S. § 1258.) See §§ 2047, 2049a, 2067. § 2073. Transfers from limited to unlimited list; number on limited list—When officers who have been placed on the limited retired list as estab- lished by section seven, chapter two hundred and Six- ty-three, page one hundred and fifty, volume twenty, |United States Statutes at Large, shall have attained the age of sixty-four years they shall be transferred from said limited retired list to the unlimited list of officers retired by Operation of law because of having attained said age of sixty-four years. And the lim- ited retired list shall hereafter Consist of three hun- dred and fifty instead of four hundred, as now fixed by law: Provided, That officers who have been placed On the retired list by special authority of Congress shall not form part of the limited retired list estab- lished by this act. (Feb. 16, 1891, c. 238, 26 Stat. 763.) § 2073a. Transfer to active list; officers retir- ed for physical disability—That hereafter the PreS- ident be, and he is hereby, authorized, by and With the advice and consent of the Senate, to transfer to the active list of the Army any officer under fifty years of age and with rank not above that of captain Who may have been transferred heretofore or who may be transferred hereafter for physical disability from the active to the retired list of the Army by the action of any retiring board: Provided, That such officer shall be transferred to the place on the active list which he would have had if he had not been retired, and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter promoted: Provided further, That such Officer Shall stand a satisfactory medical and profes- Sional examination for promotion as now provided for by law: Provided further, That the President be, and he is hereby, authorized within two years of the approval of this Act, by and with the advice and Con- sent of the Senate, to transfer to the active list of the Army any officer who may have been transferred heretofore for physical disability from the active to the retired Iist Of the Army by the action of any retiring board: Provided, That such officer shall be trans- ferred to the place on the active list which he would have had if he had not been retired, and shall be car- ried as an additional number in the grade to which he may be transferred or at any time thereafter pro- moted: Provided further, That such officer shall Stand a satisfactory medical and professional exami- nation for promotion as may be prescribed by the Sec- retary of War: Provided further, That any officer who may have already been transferred from the re- tired list to the active list, shall receive the benefits of this Act. (March 4, 1915, c. 143, § 1, 38 Stat. 1068.) § 2073a.a. Same; certain officers transferred to retired list—That hereafter the President be, and he is hereby, authorized, within one year of the ap- proval of this Act, by and with the advice and COn- sent of the Senate, to transfer, upon application, to the active list of the Army any officer under fifty years of age who may have been transferred heretofore from the active to the retired list of the Army under the Act to provide for recognizing the services of Certain officers of the Army, Navy, and Public Eſealth Service for their services in connection with the Construction of the Panama Canal, and for other purposes, approV- ed March fourth, nineteen hundred and fifteen: Pro- vided, That such officers shall take rank at the foot of the respective grades which they held at the time Of their retirement and shall be carried as an addi- tional number in the grade to which he may be trans- ferred or at any time thereafter promoted, and shalk be promoted on the same date as the officer next above him in rank, and shall be commissioned in the arm or department of the Army from which he was retired: Provided further, That such officer shall stand a satis- factory medical examination, and when promoted Shall 3 2073b (Tit. 14 THE ARMY [Page 2941 stand the medical and professional examinations pro- vided for by law: And provided further, That any officer transferred to the active list under this Act shall not again be entitled to the benefits of the Pana- ma Canal Act described above, except when retired for age or for physical disability incurred in the line of duty. (Feb. 23, 1917, c. 116, 39 Stat. 937.) § 2073'b. List of officers on retired list; ex- amination; assignment to duty—The Secretary Of War shall make a list of all officers Of the Army who have been placed On the retired list for disability and shall Cause Such officers to be examined at interVals as may be advisable, and such officers as shall be found to have recovered from Such disabilities Or to be able to perform service of value to the Government sufficient to Warrant Such action shall be assigned to Such duty as the Secretary of War may approve. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 629.) § 2074. Assignment of retired officers to duty —Retired officers of the Army may be assigned to duty at the Soldiers’ Home, upon a selection by the Com- missioners of that institution, approved by the Secre- tary of War; and a retired officer shall not be as- signable to any other duty: Provided, That they re- ceive from the Government only the pay and emolu- ments allowed by law to retired officers. (R. S. § 1259, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) § 2075. Same; in time of war—In time of War retired officers of the Army may be employed. On a C- tive duty, in the discretion of the President, and when so employed they shall receive the full pay and allow- ances of their grade. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) § 2075a. Same; to post temporarily left with- out garrison—When by reason of the movement of troops a post is temporarily left without its regular garrison and with no commissioned officer except of the Medical Reserve Corps on duty thereat, the Secre- tary of War may assign a retired officer of the Army, with his consent, to active duty in charge Of Such post. The officer so assigned shall perform the duties of commanding officer and also any necessary staff duties at Such post, and shall, while in the perform- ance of such duties, receive the full pay and allow- ances of his grade, subject to the limitations imposed by the Act of March second, nineteen hundred and five, and the Act of June twelfth, nineteen hundred and six, which limitations shall include the grades of brigadier general, major general, and lieutenant gen- eral. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 627.) § 2075b. Same; service in corps of engineers —When retired officers of the Army, any portion Of whose active service was in the Corps of Engineers, are called back into active service they shall be eligi- ble to fill any position required by law to be filled by an officer of the Corps of Engineers. (June 15, 1917, c. 31, 40 Stat. 231.) § 2076. Sarme; adjutant-general of District of Columbia militia—The President of the United States may detail as adjutant-general of the District of Columbia militia any retired Officer of the Army who may be nominated to the President by the briga- dier-general commanding the District of Columbia mi- litia, said retired officer while so detailed to have the active service pay and allowances of his rank in the Regular Army. (June 6, 1900, c. 811, 31 Stat. 671.) § 2077. Same; organized militia—In addition to the detail of retired officers now authorized by law, it shall hereafter be lawful for the Secretary of War to detail, whenever in his judgment the public inter- ests require it, not exceeding twenty retired officers for service in connection with the organized militia in the States or Territories, upon the request of the governor thereof, and such retired officers shall be entitled, while so employed, to receive the full pay and allowances of their respective grades. (March 2, 1903, c. 975, 32 Stat. 932.) § 2078. Same; not involving service with troops—The Secretary of War may assign retired of- ficers of the Army, with their consent, to active duty in recruiting, for Service in Connection with the Organ- ized militia in the several States and Territories upon the request of the governor thereof, as military at- tachés, upon courts-martial, courts of inquiry and boards, and to staff duties not involving service with troops; and Such Officers while SO assigned Shall re- ceive the full pay and allowances of their respective grades. (April 23, 1904, c. 1485, 33 Stat. 264.) § 2078a. Same; acting quartermasters—AS- signments which have been, or may hereafter be made, of retired Officers of the Army to active duty as acting Quartermasters Shall be regarded as assignments to staff duties not involving service with troops within the meaning of the Act of Congress approved April twenty-third, nineteen hundred and four. (May 12, 1917, c. 12, 40 Stat. 48.) - - § 2079. Same; members of board of road com- missioners for Alaska—Hereafter the Secretary Of War may, in his discretion,' assign suitable retired of- ficers Of the Army to active duty as members of the board of road Commissioners for Alaska, and in the Case of any officer SO assigned the provisions of SO much Of the Act of Congress approved April twenty- third, nineteen hundred and four, entitled “An Act making appropriations for the Support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes,” as relates to the as- signment of retired officers to active' duty Shall apply. (March 3, 1911, c. 209, 36 Stat. 1052.) § 2080. Same; rank, pay, and allowances; officers above grade of major—Retired officers Of the Army above the grade Of major, heretofore Or hereafter assigned to active duty, . shall hereafter re- ceive their full retired pay and shall receive no fur- ther pay or allowances from the United States: Pro- vided further, That a colonel or lieutenant-colonel so assigned shall receive the full pay and allowances of a major on the active list. (March 2, 1905, C. 1307, 33 Stat. 831.) Further, as to pay and allowances, see §§ 2075, 2077, 2078, 2080a, 2081. - § 2080a. Same; rank, pay, and allowances- Hereafter any retired Officer, Who has been Or Shall be detailed on active duty, shall receive the rank, pay, and allowances of the grade, not above that of ma- jor, that he would have attained in due course of pro- motion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been de- tailed on active duty since his retirement. (June 3, 1916, c. 134, § 24, 39 Stat. 183.) § 2080b. Same; rank, pay, and allowanees; officers of artillery—In determining the rights of Officers in the last proviso Of Section twenty-four Of said national defense Act, officers retired before the separation of the Field Artillery from the Coast Ar- tillery shall be regarded as having belonged to the Field Artillery. (Aug. 29, 1916, C. 418, § 1, 39 Stat. 623.) § 2081. Saame; colonel or lieutenant-colonel —A Colonel Or lieutenant-Colonel heretofore or here- after assigned to active duty Shall hereafter receive the same pay alld allowances as a retired major would receive under a like assignment. (June 12, 1906, c. 3078, 34 Stat. 245.) - * § 2082. Retirement of enlisted men; rank, pay, and allowances—When an enlisted man has Served as such thirty years in the United States Army or Marine Corps, either as private or non-commission- ed Officer, or both, he shall by application to the Presi- dent be placed on the retired list hereby created, with the rank held by him at the date of retirement, and he shall receive thereafter Seventy-five per Centum Of the pay and allowances Of the rank upon which he was retired: Provided, That if said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service, either as Vol- unteer or regular, during the War of the rebellion, Ch. 3) 3 2088 THE ARMY Such War Service shall be computed as double time in Computing the thirty years necessary to entitle him to be retired. (Feb. 14, 1885, c. 67, 23 Stat. 305, amend- ed Sept. 30, 1890, c. 1125, 26 Stat. 504.) § 2083. Same; subsistence and clothing—For pay Of the enlisted men of the Army on the retired list, * * Provided, That hereafter a monthly al- lowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing. (March 16, 1896, c. 59, 29 Stat. 62.) § 2084. Same; length of service—When an en- listed man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of, and that Said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and Clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel and light: Provided, That in Computing the necessary thirty years' time all Service in the Army, Navy, and Marine Corps shall be credited. (March 2, 1907, c. 2515, § 1, 34 Stat. 1217.) § 2085. Same; length of service; double time—Hereafter, in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or in the Philippine Islands. (May 26, 1900, c. 586, 31 Stat. 209.) § 2086. Same; length of service; double time—Hereafter, in Computing the length. Of Service for retirement, credit shall be given soldiers for double the time Of their actual Service in China, the Same as is now given in Porto Rico, Cuba, and the Philip- pine Islands. (March 2, 1903, c. 975, 32 Stat. 933.) § 2087. Same; length of service; double time —Hereafter in COImputing the length of Service for re- tirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Phil- ippine Islands, the Island of Guam, Alaska, and Pana- ma; but double credit shall not be given for service hereafter rendered in Porto Rico Or the Territory of Hawaii. (April 23, 1904, c. 1485, 33 Stat. 264.) § 2088. Same; length of service; double time —For pay of the enlisted men of the Army on the retired list, * * : Provided, That in computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as to forfeit credit for double time already accrued. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 575.) Chapter Three—Pay and Allowances Sec. 2089. Rates of pay. 209). Same; certain grades of officers. 2090a. Same; generals and lieutenant generals. * 2090b. Rank, pay and allowances; chiefs of staff Corps, de- partments or bureaus. 2091. Pay of graduates of Military Academy. 2092. Mounts for officers below grade of major. 2093. Increase of pay; , officer in command higher than his grade in time of war. 2094. Same; officers and men serving beyond limits of States of the Union. 2095. Same; service beyond the limits of States. 2096. Same; officers and men on transports in Philippine Archipelago. 2097. Same; service in Canal Zone, Hawaii, or Porto Rico. 2097a. Same; clerks and messengers at headquarters in Phil- ippineS. 2098. [Repealed.] 2099. Service pay. 2100. Same; length of service; credit for longevity pay and retirement. 2101. Same; length of service; service credited; grade for computation. 2101a. Same; detail to active duty of retired officer included. 2102. Same; not to exceed forty per cent. on yearly pay. 2103. Brevets. 2104. Pay during absence. 2104a. sº Cn account of disease resulting from use of rugs. 2105. Leaves of absence; no deduction of pay. [Page 295I Sec. 2106. *Same; Credits for volunteer service. 2107. Same; officers in Alaska or outside United States. 2108. Same; officers in Philippine Islands. 2109. Same; instructors at service schools. 2110. Same; Female Nurse Corps. 2111. Forfeiture of pay. 2112. Maximum of colonel’s and lieutenant-colonel’s pay. 2113. Monthly payments. 2114. Allowances. 2115. Same; quarters and forage to officers. 2116. Same; commutation for fuel to officers; forage in kind. 2117. Same; fuel to officers. 2118. Quarters; officers; commutation. 21.18a. Same; commutation; enlisted men. 2118b, Same; commutation; availability of public quarters. 2118bb. Same; commutation; officers on active duty; commu- tation for heat and light. 2118C. Same; officers at proving grounds. 2119. Allowances; quarters for servants. 2120. Same; forage to officers east of Mississippi River. 2121. Quarters; commutation; Signal Service. 2122. Quarters; commutation; officers absent on duty. 2123. Heat and light for quarters. . Forage, bedding, shoeing, or shelter for horses. 2125. Same. 2126. Same; mileage; rate. - enlisted men under competent Or- 2126a. Travel expenses ; ders. 2127. Same. 2128. Mileage; computation; order for travel. 2129. Same; inspections. 2130. Same; engineer officers. Mileage, transportation, and commutation of quarters to Officers detailed for information service. 2132. Mileage; to paymaster’s clerks and expert accountant of Inspector General’s Department. 2132a. Same; Officers of Ordnance Department. 2133. Same; graduates of Military Academy. 2134. Change of station; purchase of horses from officers. 2135. Same; transportation of officers’ excess baggage. 2136. Same; transportation of officers’ horses. Transportation of private, mounts of officers. . Use of transportation provided for, by Officers. 2138. Pay of retired officers. 2139. Same; increase for length of service. 2140. Same; officers wholly retired. 2141. Indian SCOuts. 2142. Hospital matrons. 2143. Chief musicians; artificers; sistant in Ordnance Bureau. Pay of enlisted men. Pay of certain enlisted men. 2145. Re-enlistment and continuous Service pay. wagoners; principal as- 2146. Additional pay. 2147. Bandmen; competition with civilian musicians. 2148. Act not to reduce pay or allowances. 2149. Noncommissioned staff officers; cavalry. 2150. Same; artillery. 2151. Same; infantry. 2152. Same; Cooks. 2153. Same; infantry regimental Sergeant-majors and quar- termaster-Sergeants. - . Continuous service pay and retirement of enlisted men. 2155. Same. . Pay of enlisted men not to be retained. 2157. Certificates of merit. 2158. Extra duty pay. 2159. Same; rates of. 2160. Same; men receiving increased pay for foreign Ser- vice. Same; Signal Service men. Same; United States disciplinary barracks guard. 2162. Pay during captivity. Soldier under sentence of dishonorable discharge. 2163. Travel allowances on discharge. 2164. Same. Extra allowances to enlisted men on discharge. 2165. Alºñº on death of officer or enlisted man on ac- tive list. 2166. Assignment of pay; commissioned officers. 2167. Same; contract surgeons and contract dental surgeons. 2168. Same; enlisted men. 2169, 2170. [Superseded.] 2170a. Allotments of pay. 2171. Volunteers. 2172. Rations; component parts of. 2173. Same; enlisted men. 2174. Same; enlisted men. 2175. Same; hospital matrons. 2176. Same; emergency ration. 2177. Sick-diet in hospital. 2178. Clothing; President to prescribe. 2179. Same; ordnance-sergeants. 2180. Same; gratuitous clothing. 2181. Same; alteration. 2182. Same; alteration; limitation of price. 2183. Laundry work and necessary articles for recruits. 2184. Trusses; to whom furnished. 2185. Same; application for. 2186. Same; purchase of. 2187. Deductions; rations purchased. 8 2089 •rriſ E ARMY (Tit. 14 IPage 2961 - Sec. º - © § 2090 b. Rainlk, pay and allowances; chiefs of 2188. Same; articles purchased. staff corps, departments or bureaus—Hereafter, 2189. Same; tobacco purchased. T-, 3 º . A 4- < - : 2190. Clothing allowance and deductions. the Chief Of any existing staff Corps, department, or 2191. Deductions; damage to arms. 2192. Same; deficiencies of supplies. 2.193. Deposits Of soldiers’ savings. 2194. Same; interest. 2.195. Same; regulations. 2196. Clothing balances, how payable. - 2197. Periods of payment. . . . - 2198. Advance payment to troops embarking for Philippines. 2199. Same; annual or monthly compensation. 2200. Payment of enlisted men, where no paymaster on duty. 2201. Payment to enlisted men of Signal Corps. 2202. Payment to indorsees of officers’ pay accounts. 2203. Payment on settlement of accounts of deceased officer or enlisted man. 2204. Arrears of pay; volunteers during civil war. 2205. Same; volunteers during war with Spain. § 2089. Rates of pay—The officers of the Army shall be entitled to the pay herein stated after their respective designations: 2}: :: - ::: # sk ::: :: Major-general: [seven thousand five hundred dol- lars] a year. Brigadier-general: lars] a year. Colonel: [three thousand five hundred dollars] a year. Lieutenant-Colonel: [three thousand dollars] a year. Major: [two thousand five hundred dollars] a year. Captain, mounted: [two thousand dollars] a year. Captain, not mounted: [eighteen hundred dollars] a year. - (Adjutant: eighteen hundred dollars a year. Regimental quartermaster: eighteen hundred dol- lars a year. & First lieutenant, mounted: lars] a year. - First lieutenant, not mounted: [fifteen hundred dol- lars] a year. - - Second lieutenant, mounted: [fifteen hundred dol- lars] a year. - Second lieutenant, not mounted: [fourteen hundred dollars] a year. º Chaplain: [fifteen hundred dollars] a year. Aid to major-general: two hundred dollars a year, in addition to pay of his rank. Aid to brigadier-general: One hundred and fifty dollars a year, in addition to pay of his rank. (R. S. § 1261.) - - $: [sixteen hundred dol- ::: 2}: :: 1ſt × iſ: Further, as to pay: Generals and lieutenant generals, see § 2090a; Chiefs of Staff Corps, departments, or bu- reaus, see § 2090b ; major generals, brigadier generals, colonels, lieutenant colonels, majors, captains, first lieu- tenants, and second lieutenants, see § 2090; officers de- tailed as squadron and battalion staff officers, etc., see §§ 1718, 1738, 1842; acting judge-advocates, see § 1775; chap- lains, see §§ 1868, 1874; Chief of Coast Artillery, see §§ 1731, 1731b; officers of Medical Department, see §§ 1807, 1818, 1833; contract surgeons, see § 1812; officers in Philip- pine organizations, see § 1741; officers in Porto Rico Reg- iment, see § 1753a; officers, professors, etc., and cadets in Military Academy, see chapter 4 of this Title; officers and enlisted men of Volunteer Army and the Militia in service of United States, see §§ 2026.j; 3066; officers of Officers’ Reserve Corps, see §§ 1881b, 1881c. - § 2090. Same; certain grades of officers— Hereafter the annual pay of officers of the Army of the several grades herein mentioned shall be as fol- lows: Major-general, eight thousand dollars; briga- dier-general, six thousand dollars; Colonel, four thou- sand dollars; lieutenant-colonel, three thousand five hundred dollars; major, three thousand dollars; Cap- tain, two thousand four hundred dollars; first lieu- tenant, two thousand dollars; second lieutenant, one thousand seven hundred dollars. (May 11, 1908, c. 163, 35 Stat. 108.) $ 2090a. Same; generals and lieutenant gen- erals—The pay Of the grades Of general and lieuten- ant general shall be $10,000 and $9,000 a year, respec- tively, with allowances appropriate to said grades as determined by the Secretary of War. (Oct. 6, 1917, c. 105, § 3, 40 Stat. 411.) - - [five thousand five hundred dol- - bureau, except as is otherwise provided for the Chief Of Staff, shall have the rank, pay, and allowances of major general. (Oct. 6, 1917, c. 105, § 3, 40 Stat. 411.) § 2091. Pay' of graduates of Military Academy —Eyery cadet who has heretofore graduated or may hereafter graduate at the West Point Military Acad- Gmy, and Who has been Or may hereafter be commis- . SiOned a Second lieutenant in the Army Of the United States, under the laws appointing such graduates to the Army, shall be allowed full pay as second lieuten- ant from the date Of his graduation to the date Of his a CCeptance Of and qualification under his colm- mission and during his graduation leave, in accord- ance with the uniform practice which has prevailed since the establishment of the Military Academy. (Dec. 20, 1886, c. 2, 24 Stat. 351.) § 2092. Mounts for officers below grade of major—Hereafter the United States shall furnish Imounts and horse equipments for all officers of the Army below the grade of major required to be mount- ed, but in case any officer below the grade of major Tequired to be mounted provides himself with Suit- able mounts at his Own expense, he shall receive an addition to his pay of one hundred and fifty dollars per annum if he provides one mount and two hun- dred dollars per annum if he provides two mounts. (May 11, 1908, c. 163, 35 Stat. 108.) § 2093. Increase of pay; officer in command higher than his grade in time of war—in time Of war every officer serving with troops operating against an enemy who shall exercise, under assignment in Orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances Of the grade ap- propriate to the command so exercised: Provided, That a rate of pay exceeding that. Of a brigadier-general shall not be paid in any case by reason of such as- signment. (April 26, 1898, c. 191, § 7, 30 Stat. 365.) § 2094. Same; officers and men serving be- yond limits of States of the Union—Hereafter the pay proper of all commissioned officers and enlisted men serving beyond the limits of the States Compris- ing the Union and the Territories Of the United States Contiguous thereto shall be increased ten per Centum for Officers and twenty per Centum for enlisted men Over and above the rates Of pay proper as fixed by law for time of peace, and the time of such service shall be Counted from the date of departure from Said States to the date of return thereto. (June 30, 1902, c. 1328, 32 Stat. 512.) § 2095. Same; service beyond the limits of states—Increase of pay for service beyond the limits of the States Comprising the Union, and the terri- tories of the United States contiguous thereto, shall be as now provided by law. (May 11, 1908, c. 163, 35 Stat. 110.) - t § 2996. Same; officers and Imen on transports in Philippine Archipelago—Officers and enlisted men who have served On army transports in the Phil- ippine Archipelago at any time since May twenty- sixth, nineteen hundred, under the control and Orders of the commanding general, Philippines Division, or who may hereafter SO serve, shall be entitled to re- ceive the same rate of pay as is provided by law for Officers and enlisted men serving at shore sta- tions beyond the limits of the United States. (May 11, 1908, c. 163, 35 Stat. 114.) § 2097. §ame; service in Canal Zone, Hawaii, or Porto Rico—Hereafter the laws allowing increase Of pay to Officers and enlisted men for foreign Service shall not apply to service in the Canal Zone, Panama, or Hawaii, or Porto Rico. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 576.) - § 2G97a. Same; clerks and messengers at headquarters in Philippines—On and after July first, nineteen hundred and fourteen, the pay of clerks Ch. 3) ź 2112 THE ARMY [Page 297I and messengers at headquarters of territorial depart- ments, tactical divisions, brigades, and service Schools, who are citizens of the United States, shall be in- creased $200 each per annum while serving in the Philippine Islands, such service to be computed from the date of departure from the continental limits of the United States to the date Of return theretO. (March 4, 1915, c. 143, § 1, 38 Stat. 1067.) See § 1980a. § 2098. [Repealed.] This section, relating to increased pay for officers de- tailed for aviation duty, was repealed by § 1860. § 2099. Service pay---There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others hav- ing assimilated rank or pay, ten per centum Of their current yearly pay for each term of five years of service. (R. S. § 1262.) Officers of Officers’ Reserve Corps, see § 1881b. § 2100. Same; length of service; credit for longevity pay and retirement—-On and after the passage of this act, all officers of the Army of the |United States who have served as Officers in the volun- teer forces during the war of the rebellion, or as en- listed men in the armies Of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in Computing their Service for longevity pay and retirement. (June 18, 1878, C. 263, § 7, 20 Stat. 150.) § 2101. Same; length of service; service credited; grade for computation—For * * addi- , tional pay to officers for length of service, to be paid with their current monthly pay, and the actual time of Service in the Army Or Navy, or both, shall be allowed all Officers in computing their pay: Provided, That from and after the first day of July, eighteen hundred and eighty-two, the ten per Centum increase for length of service allowed to certain officers by sec- tion twelve hundred and sixty-two Of the Revised Statutes shall be computed on the yearly pay of the grade fixed by sections twelve hundred and sixty-One and twelve hundred and seventy-four Of the Revised Statutes. (June 30, 1882, c. 254, 22 Stat. 118.) See §§ 2089, 2138. § 210 la. Same; detail to active duty of re- tired officer included:--Hereafter any retired officer of the Army who has been detailed to active duty, and who has since his retirement, served on active detail shall be entitled to increases of longevity pay to be computed as provided by existing statute for the computation of longevity pay, for the time of his Service before retirement and On active detail since his retirement. (May 12, 1917, c. 12, 40 Stat. 48.) § 27.92. Same; not to exceed forty per cent. On yearły pay—-The total amount Of SUICh increase for length of service shall in no case exceed forty per Centum On the yearly pay of the grade as provided by law. (R. S. § 1263.) Timitation of amount of pay of colonel and lieutenant- Colonel. See § 2112. § 2 103. Brevets—Brevets conferred upon com- missioned officers shall not entitle them to any in- crease of pay. (R. S. § 1264.) Brevet commissions, see §§ 1926–1933. § 2104. Pay during absenee-Officers when ab- sent on account of sickness or wounds, or lawfully absent from duty and waiting Orders, shall receive full pay; when absent with leave, for other causes, full pay during such absence not exceeding in the ag- gregate thirty days in One year, and half-pay during such absence exceeding thirty days in One year. When absent without leave, they shall forfeit all pay dur- ing such absence, unless the absence is excused as unavoidable. (R. S. § 1265.) § 2104a. Saime; on aceozuant of disease result- ing from use of drugs—Hereafter Ino Officer or enlist- ed man in active service who shall be absent from duty on account of disease resulting from his own intemperate use of drugs or alcoholic liquors or other misconduct shall receive pay for the period of such absence, the time so absent and the cause thereof to be ascertained under such procedure and regulations as may be prescribed by the Secretary of War. (April 27, 1914, c. 72, 38 Stat. 353.) § 2105. Leaves of absence; mo deduction of pay—That an act approved May eighth, eighteen hun- dred and seventy-four, in regard to leave of absence of Army Officers, be and the Salme is hereby, SO amend- ed that all officers on duty shall be allowed in the dis- Cretion of the Secretary of War, sixty days’ leave Of absence without deduction of pay or allowance: Pro- vided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken. Once Only in three years, or four months if taken Only Once in four years. (July 29, 1876, c. 239, 19 Stat. 102.) § 2106. Same; credits for volunteer service— Officers appointed to the Regular Army from the volunteer service, whose service has been Continuous, shall, in the computation of leaves of absence after their appointment in the Regular Army, be entitled to the leave credits which accrued to them as volunteer officers where such leave credits were not availed Of during their volunteer service. (June 30, 1902, c. 1328, 32 Stat. 508.) § 2107. Same; officers in Alaska or outside 'Jnited States—Leaves of absence which may be granted officers of the Regular or Volunteer Army serving in the Territory of Alaska or without the limits of the United States, for the purpose of return- ing thereto, or which may have been granted such of ficers for such purpose since the thirteenth day Of October, eighteen hundred and ninety-eight, shall be regarded as taking effect on the dates such officers reached Or may have reached the United States, re- spectively, and as terminating, or as having terminat- ed, on the respective dates of their departure from the United States in returning to their COmmands, as authorized by an order of the Secretary of War dat- ed October thirteenth, eighteen hundred and ninety- eight. (March 2, 1901, c. 803, 31 Stat. 902.) § 2108. Same; officers in Philippine Islands —Leaves to be absent from the Philippine Islands, Other than to return to the United States, which may he granted officers of the Army serving in said is- lands and sailing from Manila, shall be regarded as taking effect on the dates such officers reach Manila, and as terminating on the dates Of their departure from Manila, in returning to their stations. (March 2, 1907, c. 2511, 34 Stat. 1171.) § 2109. Same; instructors at service schools —United States service Schools : * * That the pro- visions of section thirteen hundred and thirty, Revis- ed Statutes, authorizing leaves of absence to Certain officers of the Military Academy, during the period. Of the suspension of the ordinary academic studies, with- out deduction from pay and allowances, be, and are hereby, extended to include officers on duty exclusive- ly as instructors at the service schools on approval of the officer in charge of said schools. (March 23, 1910, c. 115, 36 Stat. 244.) - See § 2253. Gºwº ºw.mº ſº. § 21 10. Same; Female Nurse Corps-sº perintendent and members of the Femº when serving in Alaska or at places Wit Of the United States may be allowed tº leges in regard to Cumulative leaves of M method of computation of same as are by law to Army officers so serving. (Maº c. 50, 37 Stat. 72.) f § 2111. Forfeiture of pay—Every offi dropped by the President from the rolls of for absence from duty three months With shall forfeit all pay due or to become due 1266.) d § 2112. Maximum of colonel’s and 1. colonel’s pay—In no case shall the pay Cº. exceed five thousand dollars a year; the: Ž 2113 (Tit. 14 THE ARMY [Page 298] lieutenant-Colonel exceed four thousand five hundred dollars a year, or the pay of a major exceed four thousand dollars a year. (R. S. § 1267, amended, May 11, 1908, c. 163, 35 Stat. 108.) $ 2113. Monthly payments—The sums hereinbe- fore allowed shall be paid in monthly payments by the paymaster. (R. S. § 1268.) - See §§ 2039, 2099, 2102-2104, 2111, 2112. § 21 14. Allowances—No allowances shall be made to Officers in addition to their pay except as hereinafter provided. (R. S. § 1269.) § 2.115. Sarme; quarters and forage to officers —[Fuel,] quarters, and forage may be furnished in kind to Officers by the Quartermaster’s Department ac- COrding to law and regulations: Provided, however, That when forage in kind cannot be furnished by the proper departments, then and in all such cases, Offi- cers entitled to forage may commute the same ac- COrding to existing regulations. (R. S. § 1270, amend- ed, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) Text in brackets superseded by §§ 2116, 2117. (R. S. §§ 1271, 1272. Superseded.) Provided for furnishing forage in kind to officers, for a specified number of horses. Superseded by §§ 2116, 2120. § 2116. Same; commutation for fuel to offi- cers; forage in kind—Allowance of or Commutation for fuel to commissioned officers is hereby prohibited ; * * and forage in kind may be furnished to the Of- ficers of the Army, by the Quartermaster’s Depart- ment, only for horses owned and actually kept by such officers in the performance of their official mili- tary duties when on duty with troops in the field or at such military posts west of the Mississippi River, as may be from time to time designated by the Sec- retary of War, and not otherwise as follows: To the General five horses; to the Lieutenant General four Jhorses; to a major-general three horses; to a briga- dier-general, three horses; to a colonel tWO horses : to a lieutenant-colonel, two horses; to a major, tWO horses; to a captain (mounted), tWO horses; to a iieutenant (mounted), two horses; to an adjutant, two horses; to a regimental quartermaster, tWO hors- es. (June 18, 1878, c. 263, § 8, 20 Stat. 150.) § 2117. Same; fuel to officers—Hereafter fuel may be furnished to commissioned officers On the a C- tive list by the Quartermaster’s Department, for the actual use of such officers only, at the rate Of three dollars per cord for standard oak WOOd, Or at an equivalent rate for other kinds of fuel, the amount So furnished to each to be limited to the Officer’s actual personal necessities as certified to by him. (June 12, 1906, c. 3078, 34 Stat. 250.) § 2118. Quarters; officers; commutation—At all posts and stations where there are public quar- ters belonging to the United States Officers may be furnished with quarters in kind in such public quar- ters, and not elsewhere, by the Quartermaster's De- partment, assigning to the officers of each grade, re- spectively, such number of rooms as is stated in the following table, namely: Second lieutenants, two rooms; first lieutenants, three rooms; Captains, four rooms; majors, five rooms; lieutenant-Colonels, six asºoms; colonels, seven rooms; brigadier-generals, ººms; major-generals, nine rooms; lieutenant- *ms: Provided further, That at places no public quarters commutation there- ºld by the Pay Department to the officer fie same at a rate not exceeding tWelVe ºn Onth per room. F151, amended, March 2, 1907, c. 2511, 34 . Same; commutation; enlisted men— at places where there are no public quar- able, commutation for the authorized allow- for shall be paid to Commissioned Officers, Atal surgeons, Veterinarians, members of Corps, and pay clerks at the rate of $12 ºfer month ; and, when specifically author- ë Secretary of War, to enlisted men at the ſ"§ (June 18, 1878, c. 263, § rate of 15 per month, or in lieu thereof he may, in his discretion, rent quarters for the use of said en- listed men when so on duty. (March 4, 1915, c. 143, § 1, 38 Stat. 1069.) § 21 18b. Same; commutation; availability of public quarters—Hereafter the Secretary of War may determine where and when there are no public Quarters available within the meaning of this or any other Act. (March 4, 1915, c. 143, § 1, 38 Stat. 1069.) § 2118bb. Same; commutation; officers on ac- tive duty; commutation for heat and light—Dur- ing the present emergency every commissioned officer Of the Army of the United States on duty in the field, Or On active duty without the territorial jurisdiction Of the United States, who maintains a place of abode for a wife, child, or dependent parent, shall be fur- nished at the place where he maintains such place Of abode, without regard to personal quarters fur- nished him elsewhere, the number of rooms prescrib- ed by the Act of March second, nineteen hundred and Seven (Thirty-fourth Statutes, page eleven hundred and Sixty-nine), to be occupied by, and only so long as OCCupied by, said wife, child, or dependent parent ; and in Case such quarters are not available every such commissioned officer shall be paid commutation thereof and commutation for heat and light at the rate authorized by law in cases where public quarters are not available; but nothing in this Act shall be SO COnStrued as to reduce the allowances now author- ized by law for any person in the Army. (April 16, 1918, c. 53, 40 Stat.) § 21 18 c. Šame; officers at proving grounds— For necessary expenses of Officers not occupying pub- lic quarters at the proving ground, while employed on Ordnance duty thereat, at the rate of $2.50 per diem while so employed, * * Provided, That hereafter the occupancy by such officers, providing themselves with quarters elsewhere, of one room in the building at the proving ground locally known as the brick house shall not be construed as Occupancy of public Quarters within the meaning of this Act and of the law au- thorizing allowance and commutation of quarters. (March 3, 1915. c. 76, § 1, 38 Stat. S89.) § 23, 19. Allowances; oriarters for servants—- NO allowance shall be made for claims for quarters for servants heretofore or hereafter. (June 23, 1879, c. 35, 21 Stat. 31.) $ 2120. Same; forage to officers east of Mis- sissippi River—There shall be no discrimination in the issue of forage against officers serving east of the Mississippi River, provided they are required by law to be mounted, and actually keep and own their ani- mals. (June 30, 1882, c. 254, § 1, 22 Stat. 119.) $ 2121. Quarters; commutation; Signal Serv- ice–The allowance for commutation of quarters * * shall be, * * for officers and enlisted men of the Signal Service serving in the Arctic regions, the same in amount as though they were serving in Washing- ton, District of Columbia. (June 30, 1882, c. 254, § 1, 22 Stat. 118.) . $ 2122. Same; commutation; officers absent on duty—Hereafter Officers temporarily absent on duty in the field shall not lose their right to quarters or Commutation thereof at their permanent Station while so temporarily absent. (Feb. 27, 1893, c. 168, 27 Stat. 480.) $ 2123. Heat and light for quarters—Hereafter the heat and light actually necessary for the authoriz- ed allowance of quarters for Officers and enlisted men shall be furnished at the expense Of the United States under such regulations as the Secretary of War may prescribe. (March 2, 1907, c. 25.11, 34 Stat. 1167.) § 2124. Forage, bedding, shoeing, or shelter for horses—Nothing in the Act making appropria- tions for the legislative, executive, and judicial ex- penses of the government for the fiscal year nineteen hundred and eight, or any other Act shall hereafter be held or construed so as to deprive officers of the Army, wherever on duty in the military Service of Ch. 3) % 2182a THE AERMY [Page 299|| the United States, of forage, bedding, shoeing, or shel- ter for their authorized number of horses, or of any means of transportation or maintenance therefor for which provision is made by the terms of this Act. (March 3, 1909, c. 252, 35 Stat. 742.) $ 2125. Same—Hereafter, when an officer is sepa- rated from his authorized number of owned hors- eS through the nature of the military Service upon Which employed, they shall not be deprived of forage, bedding, shelter, shoeing, or medicines therefor, be- Cause of Such separation. (March 23, 1910, c. 115, 36 Stat. 252.) (R. S. § 1273. Superseded.) Related to mileage and traveling expenses of officers. Superseded, with subsequent enactments, by § 2126. See, also, §§ 2127–2137, 2163, 2164. § 2126. Same; mileage; rate—Hereafter Offi- Cers, active and retired, when traveling under com- petent Orders without troops, and retired officers who have so traveled since March third, nineteen hundred and five, shall be paid seven cents per mile and no more; distances to be computed and mileage to be paid over the shortest usually traveled routes, with deduction as hereinafter provided ; and payment and Settlement Of mileage accounts of Officers shall be made a CCOrding to distances and deductions Computed Over routes established and by mileage tables prepar- ed by the Paymaster-General Of the Army under the direction of the Secretary of War. The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mileage and commutation of Quarters to officers of the Army: Provided further, That officers who so desire may, upon application to the Quartermaster’s Department, be furnished under their orders transportation requests for the entire journey by land, exclusive of sleeping and parlor car accommodations, or by water; and the transportation so furnished shall, if travel was performed under a mileage status, be a Charge against the Officer’s mile- age account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount SO deducted there shall be turned Over to an authorized Officer Of the Quartermaster’s Depart- ment three Cents per mile for transportation furnish- ed, except over any railroad which is a free or fifty per centum land-grant railroad, for the credit of the appropriation for the transportation of the Army and its supplies: And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and Supplies of the United States are entitled to be transported free of charge, or over any fifty per cen- tum land-grant railroad, officers traveling as herein provided for shall, for the travel Over Such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quar- termaster's Department: And provided further, That when transportation is furnished by the Quartermas- ter's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the Officer’s mileage ac- count by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished: And provided further, That when the station of an officer is chang- ed while he is on leave of absence he will. On joining the new station be entitled to mileage for the dis- tance to the new station from the place where he re- ceived the order directing the change, provided the dis- tance be no greater than from the old to the new station ; but if the distance be greater he will be en- titled to mileage for a distance equal to that from the old to the new station only: And provided fur- ther, that for all sea travel actual expenses only shall be paid to officers, contract surgeons, contract dental surgeons, and veterinarians, to pay masters’ clerks, and to the expert aCCountant of the Inspector-Gen- eral's Department, when traveling on duty under com- petent orders, with or without troops, and the amount so paid shall not include any shore experises at port Of embarkation or debarkation; but for the purpose of determining allowances for all travel under orders, -Or for officers and enlisted men. On discharge, travel in the Philippine Archipelago, the Hawaiian Archi- pelago, the home waters of the United States, and be- tween the United States and Alaska Shall not be re- garded as Sea travel and shall be paid for at the rates established by law for land travel within the boundaries of the United States. (June 12, 1906, c. 3078, 34 Stat. 246.) $ 2126a. Travel expenses; enlisted men under competent orders—EIereafter under such regulations and Within such maximum rates as may be prescribed by the Secretary of War enlisted men may be re- imbursed for actual expenses of travel, including sub- Sistence and lodging, incurred while traveling under COmpetent Orders and not embraced in the movement Of troops, or they may be paid a flat per diem there- for in lieu of such reimbursement. (April 20, 1918, c. 60, 40 Stat.) $ 2127. Same—Hereafter actual expenses only, not to exceed four dollars and fifty cents per day and COSt Of transportation when not furnished by the Quartermaster's Department, shall be paid to the Of- ficers Of the Army, Contract surgeons, and dental Sur- geons, When traveling on duty without troops, under Competent Orders, within the geographical limits of the Territory of Alaska. (May 11, 1908, c. 163, 35 Stat. 114.) $ 2128. Mileage; computation; order for travel–From and after the passage of this act mile- age of Officers of the Army shall be computed over the Shortest usually traveled routes between the points named in the Order, and the necessity for such travel in the military service shall be certified to by the of- ficer issuing the order and stated in said order. (March 3, 1883, c. 93, § 1, 22 Stat. 456.) $ 2129. Same; inspections—Hereafter no portion Of the appropriation for mileage to officers traveling On duty Without troops shall be expended for inspec- tions Or investigations, except such as are especially Ordered by the Secretary of War, or such as are made by Army and department commanders in visiting their COmmands, and those made by Inspector-General’s De- partment in pursuance of law, army regulations or Orders issued by the Secretary of War or the Com- manding General of the Army; and all orders involv- ing the payment of mileage shall state the special duty enjoined. (Aug. 6, 1894, c. 228, 28 Stat. 237.) § 2130. Same; engineer officers—In determining the mileage of officers of the Corps of Engineers tray- eling Without troops on duty connected with works under their Charge, no deduction shall be made for Such travel as may be necessary on free or bond-aided or land-grant railways. (Sept. 19, 1890, c. 907, § 15, 26 Stat. 456.) § 2131. Mileage, transportation, and commu- tation of quarters to officers detailed for infor- mation service—For pay of a clerk attendant on the collection and classification of military information from abroad, * * and hereafter the Officers detail- ed to obtain the same shall be entitled to mileage and transportation, and also commutation of quarters while on this duty, as provided when on other duty. (Feb. 27, 1893, c. 168, 27 Stat. 480.) § 2.132. Mileage; to paymaster’s clerks and expert accountant of Inspector General’s Depart- ment—Hereafter Army paymasters’ clerks and the expert accountant, Inspector General's Department, Shall receive mileage at the same rates and under the Same COInditions as is provided by law for officers of the Army. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 575.) § 2132a. Same; officers of Ordnance Depart- ment—Mileage to officers of the Ordnance Depart- ment traveling on duty in connection with that de- partment Shall be paid from the appropriation for the & 2133 (Tit. 14 THE ARMY IPage 300] work in connection with which the travel is perform- ed. (May 12, 1917, c. 12, 40 Stat. 65.) § 2133. Same; graduates of Military Academy —Hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his home to the station which he first joins for duty. (Aug. 9, 1912, c. 275, 37 Stat. 252.) § 2.134. Change of station; purchase of horses from officers—Hereafter when a mounted officer is ordered to duty beyond the seas or to make a change Of station in the United States in which the cost Of transportation for his authorized number of owned horses exceeds the sum at the time allowed for that purpose in the Army Regulations, the Secretary of War is authorized, under such regulations in respect to inspection and Valuation as he may prescribe in his discretion to permit the purchase of Said horses by the Quartermaster’s Department, at a price not ex- ceeding the average contract price paid for horses during the preceding fiscal year, the exact price to be fixed by a board of officers. (March 23, 1910, c. 115, 36 Stat. 254.) § 2135. Same; transportation of officers’ ex- - cess baggage—Hereafter baggage in excess of regu- lation change Of Station allowances may be shipped with Such allowances, and reimbursement Collected for transportation charges on such excess. (March 23, 1910, c. 115, 36 Stat. 255.) § 2136. Sarºne; transportation of officers’ horses—Hereafter transportation may be furnished for the OWImed horses Of an Officer, not exceeding the number authorized by law, from point of purchase to his station, when he would have been entitled to and did not have his authorized number of owned horses shipped upon his last change of station, and when the cost of shipment does not exceed that from his old to his new station. (March 23, 1910, c. 115, 36 Stat. 255.) § 2136a. officers—Hereafter private mounts of officers in ex- cess of the authorized mounts may be shipped on Gov- ernment bill of lading with authorized mounts, and reimbursement collected for transportation charges on such excess mounts. (April 27, 1914, c. 72, 38 Stat. 365.) § 2137. Use of transportation provided for by officers—Hereafter in the performance of their official and military duties officers of the Army are authoriz- ed, under Such regulations as may be established by the Secretary of War, to use means of transportation herein provided for. (March 3, 1911, c. 209, 36 Stat. 1051.) - - § 2138. Pay of retired officers—Officers retired from active Service shall receive seventy-five per cen- tum of the pay of the rank upon which they are re- tired. (R. S. § 1274.) $ 2.139. Same; increase for length of service— Hereafter, except in case of officers retired on ac- Count of Wounds received in battle, no officer now on the retired list shall be allowed or paid any further increase of longevity pay, and officers hereafter re- tired, except as herein provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retirement. (March 2, 1903, c. 975, 32 Stat. 932.) § 2.140. Same; officers wholly retired—Officers Wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay and al- lowances of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. (R. S. § 1275.) - $ 2.141. Indian seouts—Indians, enlisted or em- ployed by Order of the President as scouts, shall re- Ceive the pay and allowances of Cavalry Soldiers. (R. S. § 1276.) - See § 1755. § 21:42. Hospital matrons—Hospital matrons in post or regimental hospitals shall receive ten dollars a month, [and female nurses in general hospitals shall Transportation of private mounts of - receive forty cents a day]. One ration in kind or by Commutation shall be allowed to each. (R. S. § 1277.) Text in brackets superseded by §§ 1828–1831. (R. S. § 1278. Repealed.) - Provided for pay of leader of band at Military Academy. Repealed by a provision of Act March 2, 1901, c. 804, 31 Stat. 912, which was superseded by § 2270. - § 2143. Chief musicians; artificers; wagon- ers; principal assistant in Ordnance Bureau- The chief musicians of regiments shall receive [sixty dollars] a month and the allowances of a quartermas- ter-Sergeant. Artificer of artillery and infantry, [fif- teen dollars] per month ; wagoner of Cavalry, artil- lery, and infantry, [fourteen dollars] per month. The principal assistant in the Ordnance Bureau shall re- ceive a compensation, including pay and emoluments, not exceeding that of a major of Ordnance. (R. S. § 1279, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 243.) Text in brackets superseded by § 2147 (chief musicians), §§ 2144, 2144a (artificers and waggoners). (R. S. §§ 1280, 1281. Repeated.) Related to pay of enlisted men. Repealed by Act May 11, 1908. c. 163, 35 Stat. 110 (§§ 2144-2148), which was par- tially superseded by § 2144a. ł. S. § 1282. Superseded.) Provided for increase of pay to enlisted men on re-enlist- ment. Superseded by §§ 2144-2148, 2156, and by a provi- sion of Act May 11, 1908, c. 163, 35 Stat. 110. R. S. § 1283. Temporary.) Provided that enlisted men, then in service, should re- ceive rates of pay established in this chapter according to length of their service. Omitted as temporary merely. R. S. § 1284. Repealed.) Provided for continuous service pay to enlisted men. Repealed by § 2145. § 2.144. Pay of eralisted men—EIereafter the monthly pay of enlisted men of the Army during . their first enlistment shall be as follows, namely: Master electricians, master signal electricialls, Seven- ty-five dollars; engineers, sixty-five dollars; Ser- geants first class Hospital Corps, fifty dollaís; regi- mental sergeants-major, regimental quartermaster- sergeants, regimental Commissary-Sergeants, Ser- geants-major senior grade coast artillery, battalion sergeants-major of engineers, post quartermaster- sergeants, post commissary-Sergeants, post Ordnance- sergeants, battalion quartermaster-Sergeants of engi- neers, electrician-sergeants first class, Sergeants first class Signal Corps, and first sergeants, forty-five dol- lars; battalion sergeants-major of infantry and field artillery, squadron sergeants-major, SergeantS-major junior grade coast artillery, battalion quartermaster- sergeants, field artillery, and master gunners, forty dollars; electrician-Sergeants Second Class, Sergeants of engineers, ordnance, and Signal Corps, quarter- master-Sergeants of engineers, and Color-Sergeants, thirty-six dollars; Sergeants and quartermaster-Ser- geants of Cavalry, artillery, and infantry, Stable-Ser- geants, sergeants, and acting Cooks of the HOSpital Corps, firemen, and cooks, thirty dollars: Provided, That mess Sergeants shall receive six dollars per month in addition to their pay; corporals of engi- neers, ordnance, Signal Corps, and Hospital Corps, Chief mechanics, and mechanics, COast artillery, tWen- ty-four dollars; Corporals of Cavalry, artillery, and infantry, mechanics of field artillery, blacksmiths and farriers, saddlers, wagoners, and artificers, twenty- One. dollars : * privates first Class of engineers, Ordnance, Signal Corps, and HOSpital Corps, eighteen dollars; privates, HOSpital Corps, sixteen dollars; trumpeters, musicians of infantry, artillery, and en- gireers, privates of cavalry, artillery, infantry, Sig- nal Corps, and privates second class, engineers and Ordnance, fifteen dollars. (May 11, 1908, c. 163, 35 Stat. 109.) Increase of pay of all enlisted men, see § 2044.j. Fur- ther provisions relating to pay of enlisted men, see §§ 1726, 1731, 1737, 1741, 1745, 1780, 1787, 1794, 1829a, 1832, 1860, 2009- 2013, 2094, 2095, 2144a, 2146-2155, 2299. § 2144a. Pay of certain enlisted men—Hereaft- er the monthly pay of enlisted men of certain grades of the Army created in this Act shall be as follows, namely: Quartermaster Sergeant, senior grade, Quar- Ch. 3) & 2151 THE ARMY [Page 301I - termaster Corps; master hospital Sergeant, Medical Department; master engineer, senior grade, Corps Of Engineers; and band leader, Infantry, Cavalry, Ar- tillery, and Corps of Engineers, $75; hospital Ser- geant, Medical Department ; and master engineer, junior grade, COrps Of Engineers, $65; Sergeant, first Class, Medical Department, $50; Sergeant, first Class, Corps of Engineers; regimental supply sergeant, In- fantry, Cavalry, Field Artillery, and Corps of Engi- neers; battalion Supply Sergeant, Corps Of Engineers; and assistant engineer, Coast Artillery Corps, $45; assistant band leader, Infantry, Cavalry, Alºtillery, and Corps of Engineers; and sergeant bugler, Infan- try, Cavalry, Artillery, and Corps of Engineers, $40; musician, first class, Infantry, Cavalry, Artillery, and Corps Of Engineers; Supply sergeant, mess Sergeant, and stable sergeant, Corps of Engineers; Sergeant Medical Department, $36; supply sergeant, Infantry, Cavalry, and Artillery; mess sergeant, Infantry, Cav- alry, and Artillery; Cook, Medical Department; horseshoer, Infantry, Cavalry, Artillery, Corps of En- gineers, Signal Corps, and Medical Department; sta- ble Sergeant, Infantry and Cavalry; radio sergeant, Coast Artillery Corps; and musicians, second class, Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artil- lery, and Corps of Engineers; corporal, Medical De- partment, $24; saddler, Infantry, Cavalry, Field Ar- tillery, Corps of Engineers, and Medical Department; mechanic, infantry, Cavalry, and Field Artillery, and Medical Department; farrier, Medical Department; and wagoner, Infantry, Field Artillery, and Corps of Engineers, $21; private, first class, Infantry, Cavalry, Artillery, and Medical Department, $18; private, Medical Department, and bugler, $15. Nothing here- in Contained shall operate to reduce the pay Or al- lowances now authorized by law for any grade of en- listed men of the Army. (June 3, 1916, c. 134, § 28, 39 Stat. 186.) See § 2144. § 2145. Re-enlistment and continuous service pay—Hereafter any Soldier honorably discharged at the termination. Of an enlistment period. Who reenlistS Within three months thereafter Shall be entitled to Continuous-service pay as herein provided, which shall be in addition to the initial pay provided for in this Act and shall be as follows, namely: For those whose initial pay as provided herein is thirty-six dollars or more an increase of four dollars monthly pay for and during the second enlistment, and a further increase Of four dollars for and during each Subsequent enlist- ment up to and including the Seventh, after which the pay shall remain as in the Seventh enlistment. For those whose initial pay as provided for herein is eighteen, twenty-One, twenty-four, or thirty dollars, an increase of three dollars monthly pay for and dur- ing the second enlistment, and a further increase of three dollars for and during each . Subsequent enlist- ment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose initial pay as provided for herein is fif- teen and sixteen dollars, an increase of three dollars monthly pay for and during the second and third en- listments each, and a further increase of one dollar for and during each subsequent enlistment up to and including the seventh, after which the pay shall re- main as in the Seventh enlistment : Provided, That hereafter any soldier honorably discharged at the ter- mination of his first Or any succeeding enlistment pe- riod who reenlists after the expiration of three months shall be regarded as in his second enlistment; that an enlistment shall not be regarded as complete until the Soldier Shall have made good any time lost during an enlistment period by unauthorized absences exceeding One day, but any soldier who receives an honorable discharge for the convenience of the Gov- ernment after having served more than half of his enlistment shall be considered as having served an enlistment period within the meaning of this Act; that the present enlistment period of men now in service shall be determined by the number of years continuous service they have had at the date of ap- proval of this Act, under existing laws, counting three years to an enlistment, and the former Service entitling an enlisted man to reenlisted pay under ex- isting laws shall be counted as one enlistment period : And provided further, That hereafter any private soldier, musician or trumpeter honorably discharged at the termination of his first enlistment period Who reenlists within three months of the date of Said dis- charge shall, upon such reenlistment, receive an amount equal to three months’ pay at the rate he Was receiving at the time of his discharge. (May 11, 190S, c. 163, 35 Stat. 109.) § 2146. Additional pay—Hereafter enlisted men now qualified or hereafter qualifying as markSlmen shall receive $2 per month; as sharpshooters, $3 per month; as expert riflemen, $5 per month; as Second- class gunners, $2 per month; as first-class gunners, $3 per month; as expert first-class gunners, Field Artillery, $5 per month; as gun pointers, gun. COm- manders, observers second-class, chief planters, and chief loaders, $7 per month; as plotters, observer's first-class, casemate electricians, and coaxswains, $9 per month, all in addition to their pay, under such regulations as the Secretary of War may prescribe, but no man shall receive at the same time additional pay for more than one of the classifications named in this section. (May 11, 1908, c. 163, 35 Stat. 110, amended, May 12, 1917, c. 12, 40 Stat. 45.) - § 2.147. Bandraen; eompetition with civiliaza musicians—Hereafter the monthly pay during the first enlistment of enlisted men of bands, exclusive Of the band of the United States Military Academy, Shall be as follows : Chief musicians, seventy-five dollars; principal mu- sicians and chief trumpeters, forty dollars; Sergeants and drum-majors, thirty-six dollars; corporals, thirty dollars; and privates, twenty-four dollars; and the continuous-service pay of all grades Shall be as pro- vided in this Act: Provided, That army bands or members thereof shall not receive remuneration for furnishing music outside the limits of military posts when the furnishing of such music places them in competition with local civilian musicians. (May 11, 1908, c. 163, 35 Stat. 110.) § 2148. Act not to reduce pay or allowances- Nothing herein contained shall be Construed. So as to reduce the pay or allowances now authorized by law for any officer or enlisted man of the Army. (May 11, 1908, c. 163, 35 Stat. 110.) § 2149. Noncommissioned staff officers; alry—Each regiment of cavalry shall consist of * one sergeant-major, one quartermaster-Sergeant, One commissary sergeant, who shall have the rank, pay, and allowances of a regimental quartermaster-Ser- geant of cavalry; three squadron Sergeant-majors, who shall be senior to and have the pay and allow- ances of first sergeants of cavalry. * * Each troop of cavalry shall consist of * * one quartermaster- sergeant, who shall have the pay and allowances of a Sergeant. * * - The regimental sergeant-major and the regimental quartermaster-sergeant provided for in this section, shall have the pay and allowances of ordnance-Ser- geants. (March 2, 1899, c. 352, § 2, 30 Stat. 977.) § 2150. śame; artillery—Each battery of heavy artillery shall consist of * * one quartermaster- sergeant, who shall have the pay and allowances of a sergeant; * * two mechanics, who shall have the pay and allowances of sergeants of artillery. * * In addition to the enlisted men Specified there shall be one electrician-sergeant to each post garrisoned by coast artillery having electrical appliances, Who Shali have the pay and allowances of an Ordnance-Sergeant. (March 2, 1899, c. 352, § 3, 30 Stat. 978.) § 2151. Same; infantry—Each regiment of in- fantry shall consist of * * One Sergeant-major; ©al, V- :k Ž 2151 (Tit. 14 THE ARMY [Page 302] One quartermaster-sergeant; one commissary-ser- geant, who shall have the rank, pay, and allowances Of a regimental quartermaster-sergeant of infantry; three battalion sergeant-majors, who shall be senior to and have the pay and allowances of a first ser- geant. * * * - - - - Each infantry company shall consist of * * one quartermaster-Sergeant, who shall have the pay and allowances of a sergeant. * * (March 2, 1899, c. 352, § 4, 30 Stat. 978.) - - $ 2152. Same; cooks—The cooks authorized by this Act shall have the pay and allowances of ser- geants of infantry. (March 2, 1899, c. 352, § 9, 30 Stat. 979.) - - - § 2153. Same; infantry regimental sergeant- majors and quartermaster-sergeants—Hereafter the regimental sergeant-majors and regimental quar- termaster-sergeants of artillery and infantry shall have the same pay and allowances as the regimental Sergeant-majors and regimental quartermaster-Ser- geants of cavalry. (May 26, 1900, c. 586, 31 Stat. 208.) $ 2154. Continuous service pay and retire- ment of enlisted men—All enlisted men Of the Reg- ular Army who served as commissioned officers of |United States Volunteers Organized in eighteen hun- dred and ninety-eight and eighteen hundred and nine- ty-nine, or who have served Or may be now serving as such in the Porto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster Out, have returned or may return to the ranks of the Reg- ular Army, shall have such period of service Counted as if it had been rendered as enlisted men, and that they be entitled to all continuous-Service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. (March 2, 1903, c. 975, 32 Stat. 934.) -- § 2155. Same-All enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster Out, have returned Or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous service pay and to Count, in computing the time necessary to enable them to retire, as enlisted men. (June 12, 1906, c. 3078, 34 Stat. 248.) $ 2156. Pay of enlisted men not to be retain- ed—For pay proper of enlisted men of all grades, * * Provided, That hereafter no pay shall be re- tained, but this provision shall not apply to deduc- tions authorized on account of the Soldiers' Home. (March 16, 1896, c. 59, 29 Stat. 60.) $ 2157. Certificates of merit—A certificate of merit granted to an enlisted man for distinguished Service shall entitle him, from the date Of Such Serv- ice, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous. (R. S. § 1285, amended, Feb. 9, 1891, c. 122, § 2, 26 Stat. 737.) See § 1942. (R. S. § 1286. Temporary.) Frovided for additional pay to certain noncommissioned officers who served in War with Mexico. Omitted as tem- porary merely. - § 2.158. Extra duty pay—When soldiers are de- tailed for employment as artificers or laborers in the construction of permanent military WorkS, public roads, or other constant labor of not less than ten days' duration, they shall receive, in addition to their regular pay, the following compensation: Privates working as artificers, and non-commissioned officers employed as overseers of such work, not exceeding One overseer for twenty men, [thirty-five cents] per day, and privates employed as laborers, [twenty cents] per day. This allowance Of extra pay shall not apply to the troops of the Ordnance Department. (R. S. § 1287.) at the following rates per day: ! $ 2159. Same; rates of That * * dollars * * shall be set aside for the payment of enlisted men. On extra duty, at constant labor of not less than ten days; and such extra-duty pay hereafter shall be at the rate of fifty cents per day for mechanics, artisans, School-teachers, and clerks at Army, division, and department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and Other enlisted men on extra duty. (March 3, 1885, c. 339, 23 Stat. 359.) - § 2160. Same; men receiving increased pay for foreign service—Enlisted men receiving or en- titled to the twenty per centum increased pay herein authorized shall not be entitled to or receive any ad- ditional increased compensation for what is known as ;" or special duty. (March 2, 1901, c. 803, 31 Stat. 903. - § 2.161. Same; Signal Service men—Signal Service men shall not receive extra duty pay unless Specially directed by the Secretary of War. (June 20, 1878, c. 359, § 1, 20 Stat. 219.) - § 2161a. Same; United States disciplinary barracks guard—Hereafter the extra-duty pay to the United States disciplinary barracks guard shall be Battalion sergeants major, first Sergeants, mess sergeants, supply ser- geants, and Sergeants, 35 cents; corporals, 30 cents; Cooks and mechanics, privates first class, privates, and buglers, 20 cents. (May 12, 1917, c. 12, 40 Stat. 52.) § 2162. Pay during captivity—Every non- COImmissioned officer and private of the Regular Army, and every Officer, non-commissioned officer, and pri- Vate Of any militia or volunteer corps in the service of the United States who is captured by the enemy, Shall be entitled to receive during his captivity, not- WithStanding the expiration of his term of service, the Same pay, Subsistence, and allowance to which he may be entitled while in the actual service of the United States; but this provision shall not be con- Strued to entitle any prisoner of war of such militia COrpS to any pay or compensation after the date of his parole, except the traveling expenses allowed by law. (R. S. § 1288.) - § 2162a. Soldier under sentence of dishonor- able discharge—Hereafter pay and allowances shall not accrue to a soldier under sentence of dishonorable Ólischarge, during such period as the execution of the Sentence of discharge may be suspended under au- thority of the Act of Congress approved April twenty- Seventh, nineteen hundred and fourteen, and pay Which has heretofore been forfeited under such sus- pended sentence shall not be held to have accrued to the Soldiers’ Home under the Operation of section forty-eight hundred and eighteen, Revised Statutes, but shall be covered back into the Treasury of the United States. (March 4, 1915, c. 143, § 1, 38 Stat. 1065.) - - (R. S. §§ 1289, 1290. Superseded.) These sections, as amended by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 244, provided for allowances, to officers and enlisted men, when discharged from service, except by Way of punishment for an offense, of transportation and Subsistence from place of discharge, in case of officers, to his place of residence or of original muster, into service, and in case of enlisted man, to place of his enlistment, enrollment, or original muster into service, or, if same Were not furnished in kind, of travel pay and commuta- tion of Subsistence for time sufficient for travel to such place. Superseded by §§ 2163, 2164. - § 2163. Travel allowances on discharge— Hereafter when an Officer shall be discharged from the Service, except by Way Of punishment for an Of- fense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time Of his appointment or to the place of his Original muster into the service four cents per mile; * * Provided further, That any officer or enlisted man in the service of the United States who was dis- charged in the Philippine Islands and there reentered the service through commission or enlistment shall, when discharged, except by way of punishment for an Ch. 3) £ 2178 THE ARMY [Page 3031 offense, receive for travel allowances from the place Of his discharge to the place in the United States Of his last preceding appointment Or enlistment, Or to his home if he was appointed or enlisted at a place other than his home, four cents per mile: Provided further, That for sea travel on discharge actual ex- penses only shall be paid to officers and transporta- tion and Subsistence Only Shall be furnished to en- listed men. (March 2, 1901, c. 803, 31 Stat. 902.) § 2164. Same—On and after July first, nineteen hundred and sixteen, an enlisted man when discharg- ed from the service, except by way of punishment for an offense, shall receive 3% cents per mile from the place Of his discharge to the place of his acceptance for enlistment, enrollment, or Original muster into the service, at his Option: Provided, That for sea travel on discharge transportation and subsistence Only shall be furnished to enlisted men. 1916, c. 134, § 126, 39 Stat. 217.) - § 2164a. Extra allowanees to enlisted men on discharge—Hereafter when an enlisted man hav- ing ten or more years' service in the Army is dis- charged on account of disability incurred in the line of duty, transportation of his authorized change of Station allowance of baggage from his last duty Station to his home in addition to Other travel allow- ances fixed by law may be authorized by the Sec- . ºy of War. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 33.) - § 2165. Allowances on death of officer or en- 1isted man on active list—Hereafter immediately upon Official notification of the death from wounds Or disease not the result of his Own misconduct of any Officer or enlisted man on the active list of the Army, the Paymaster-General of the Army shall cause to be paid to the widow of such officer or enlisted man, Or to any other person previously designated by him, an amount equal to six months’ pay at the rate received by Such Officer or enlisted man at the date of his death, less seventy-five dollars in the case of an Officer and thirty-five dollars in the case of an en- listed man. From the amount thus reserved the Quartermaster's Department shall be reimbursed for expenses of interment, and the residue, if any, of the amount reserved shall be paid subsequently to the designated person. The Secretary of War shall es- tablish regulations requiring each officer and enlist- ed man to designate the proper person to whom this amount Shall be paid in case of his death, and said amount shall be paid to that person from funds ap- propriated for the pay of the Army. (May 11, 1908, c. 163, 35 Stat. 108, amended, March 3, 1909, c. 252, 35 Stat. 735.) § 2166. Assignment of pay; commissioned of- ficers—Hereafter all Commissioned officers of the Army may transfer or assign their pay accounts, When due and payable, under such regulations and re- strictions as the Secretary of War may prescribe. (March 2, 1907, c. 25.11, 34 Stat. 1159.) § 2167. Same; contraet surgeons and con- tract dental surgeons—Hereafter contract surgeons and Contract dental surgeons on duty in Alaska, Ha- Waii, the Philippine Islands, and Porto Rico may transfer or assign their pay accounts, when due and payable, in the methods now provided by reg- ulations for commissioned officers of the Army. (April 23, 1904, c. 1485, 33 Stat. 266.) - § 2.168. Same; enlisted men—No assignment of pay by a non-commissioned officer or private, previous to his discharge, shall be valid. (R. S. § 1291.) §§ 2169, 2170. [Superseded.] These sections, relating to allotments of pay by enlisted men, were superseded by § 2170a. § 2170a. Allotments of pay—The Secretary Of War is hereby authorized to permit, under such regulations as he may prescribe, any officer or en- listed man on the active list of the Army, any re- tired officer or enlisted man of the Army on active duty, and any permanent civilian employee under the (June 3, jurisdiction of the War Department on duty outside Of the COntinental limits of the United States, to make allotments of his pay for the support of his wife, Children, or dependent relatives, or for Such Other purposes as the Secretary of War may deem proper. All allotments of pay of officers, enlisted men, and Civilian employees that have been Or shall be paid to designated allottees previous to the re- Ceipt by disbursing Officer Of notice Of discOn- tinuance of the same from the officer required by regulations to furnish such notice shall pass to the Credit Of the disbursing Officer Who has made Or shall make such payments; and, if erroneous payment is made because of the failure of an officer to report, in the manner prescribed by the Secretary of War, the death of the grantor, Or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Quarter- master General from the Officer who fails to make such report, if such collection is practicable. Noth- ing herein shall be construed to invalidate allotments now in force. (March 2, 1899, c. 352, § 16, 30 Stat. 981, amended, March 2, 1901, c. 803, 31 Stat. 896, and Oct. 6, 1917, c. 81, 40 Stat. 384.) § 2.171. Volunteers—In all matters relating to the pay and allowances of Officers and soldiers Of the Army Of the United States, the same rules and regula- tions shall apply to the Regular Army and to volun- teer forces Imustered into the Service Of the United States for a limited period. (R. S. § 1292.) (R. S. §§ 1146–1148. Superseded.) Related to the army ration. Superseded by § 2172. § 2172. Rations; component parts of—That the President be, and he is hereby, authorized to pre- scribe the kinds and quantities of the Component articles Of the army ration, and to direct the issue Of Substitutive equivalent articles in place Of any such Components whenever, in his Opinion, economy and a due regard to the health and Comfort Of the troops may so require. (Feb. 2, 1901, c. 192, § 40, 31 Stat. 758.) - § 2173. Same; enlisted men—[Sergeants and corporals of Ordnance shall be entitled to receive one ration and a half daily. Other] enlisted men shall be entitled to receive one ration daily. (R. S. § 1293.) Text in brackets superseded by § 2.174. s § 2.174. Same; enlisted men—Hereafter no en- listed man shall be entitled to receive more than One ration daily. (July 16, 1892, c. 195, 27 Stat. 178.) (R. S. § 1294. Superseded.) Provided for payment to enlisted men in money for each ration of sugar and coffee not issued or commuted. Su- perseded by § 2172. § 2.175. Same; hospital matrons—[Taundresses allowed to accompany troops, hospital matrons, [and. the nurses employed in post Or regimental hospitals, shall be entitled to receive One ration daily. (R. S. § 1295.) . - Text in brackets superseded by §§ 1831, 1832, 1992. § 2176. Same; emergency ration—Hereafter the emergency ration prescribed for use on emergent occasions shall, when issued, be furnished in addi- tion to the regular ration under such regulations as may be prescribed by the Secretary of War. (March 2, 1907, c. 2511, 34 Stat. 1165.) § 2177. Sick-diet in hospital—Such quantities of fresh or preserved fruits, milk, butter, and eggs as may be necessary for the proper diet of the sick, may be allowed in hospitals. They shall be provided under such rules as the Surgeon-General, with the approval of the Secretary of War, shall prescribe. (R. S. § 1175.) § 2178. Clothing; President to preseribe- The President may prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States. (R. S. § 1296.) - (R. S. § 1297. Superseded.) Provided that no allowance of clothing should be made to sergeants of ordnance. Superseded by § 2179. & 2179 - THE ARMY - (Tit. 14 [Page 304] § 2179. Same; ordnance-sergeants—Sergeants Of Ordnance shall receive the same allowance of Cloth- ing as Other Sergeants in like staff Departments. (July 16, 1892, c. 195, 27 Stat. 178.) § 2180. Same; gratuitous clothing—The Sec- retary of War may, on the recommendation of the Surgeon-General, order gratuitous issues of clothing to Soldiers who have had contagious diseases, and to hospital attendants who have nursed them, to re- place any articles of their clothing destroyed by Or- der of the proper medical officers to prevent Con- tagion. (R. S. § 1298.) - § 2181. Same; alteration—It shall be lawful for the commanding Officer of each regiment, when- ever it may be necessary, to Cause the COats, WestS, and Overalls Or breeches which may from time to time be issued to and for his regiment to be altered and new-made, SO as to better fit them to the per- Sons respectively for whose use they shall be deliv- ered ; and for defraying the expense of such altera- tions, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty five cents for each coat, eight cents for each. vest and for each pair of overalls or breeches., . (R.S. § 1220, amended, Feb. 27, 1877, c. 69, § 1, 19 Ståt. 243.) $ 2182. Same; alteration; limitation of price—Hereafter the regimental price fixed for alter- ing and fitting soldiers' clothing shall not exceed the COSt Of making the same at the clothing depots. (March 2, 1889, c. 372, 25 Stat. 831.) - § 2183. Laundry work and necessary articles for recruits—Traders and laundrymen at depots for recruits in the Army be, and hereby are, authorized to furnish such recruits, on credit, with laundry work and such articles as may be necessary for their Cleanliness and Comfort, at a total cost not to exceed Seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively Owe to the traders and laundry- men, and signed by them before leaving the depot, and that the traders and laundrymen be paid on Such rolls, the amount paid for each recruit to be not- ed a CCOrdingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his company, by the paymaster, at the first subsequent payment, under Such rules and regulations as may be adopted by the War Department: Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed. On the written order of the regular recruiting officer at said station. (June 30, 1882, c. 254, § 3, 22 Stat. 122.) (R. S. § 1176. Superseded.) Provided for distribution of trusses. Superseded by amendment of original provision by § 2184. § 2184. Trusses; to whom furnished—Every soldier of the Union Army, or petty-officer, seamen, or marine in the naval service, who was ruptured while in the line of duty during the late war for the suppression of the rebellion, or who shall be so ruptured thereafter in any war, shall be entitled to receive a single Or double truss Of Such Style as may be designated by the Surgeon-General of the United States Army as best suited for such disability; and whenever the said truss or trusses so furnished shall become useless from Wear, destruction, or loss, such soldier, petty-officer, seaman, or marine shall be sup- plied with another truss on making a like applica- tion as provided for in section two of the original act of which this is an amendment: Provided, That such application shall not be made more than once in two years and six months; And provided further, That sections two and three of the said act of May twenty-eighth, eighteen hundred and seventy-two, shall be construed so as to apply to petty-officers, sea- men, and marines of the naval service, as well as to soldiers of the Army. (May 28, 1872, c. 228, § 1, 17 Stat. 164, amended, March 3, 1879, c. 173, 20 Stat. 853.) - ------ $2185. Same; application for—Application for . Such truss shall be made by the ruptured soldier, to an examining surgeon for pensions, whose duty it Shall be to examine the applicant, and when found to have a rupture or hernia, to prepare and forward to the Surgeon-General an application for such truss without charge to the soldier. (R. S. § 1177) § 2186. Same; purchase of—The Surgeon-Gen- eral is authorized and directed to purchase the trusses required for such soldiers, at wholesale prices, and the cost of the same shall be paid upon the requi- sition of the Surgeon-General out of any moneys in the Treasury not otherwise appropriated. (R. S. § 1178.) - See § 6701. - - § 2187. Deductions; rations purchased—The amount due from any officer for rations purchased On Credit, Or for any article designated by the inspec- tors-general of the Army and purchased on Credit from Commissaries of subsistence, shall be deducted from the payment made to such officer next after such purchase shall have been reported to the Paymaster- General. (R. S. § 1299.) . . - § 2188. Same; articles purehased—The amount due from any enlisted man for articles designated . by the inspectors-general Of the Army, and sold to him. On Credit by commissaries of subsistence, shall be deducted from the payment made to him next after Such sale shall have been reported to the Paymaster- General. (R. S. § 1300.) -- § 2.189. Same; tobacco purchased—The amount due from any enlisted man for tobacco sold to him at Cost prices by the United States shall be deducted from his pay in the manner provided for the Set- tlement of clothing accounts. (R. S. § 1301) $ 2.190. Clothing allowance, and deductions— The money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster-roll Of his company, Or on his final statements if sooner dis- Charged, and he shall receive pay for Such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, When he draws less than his allowance, shall not be paid to him until his final discharge from the service. (R. S. § 1302.) - § 2191. Deductions; damage to arms—The cost of repairs or damages done to arms, equipments, or implements, shall be deducted from the pay of any officer or soldier in whose care or use the same were when such damages occurred, if said damages were occasioned by the abuse or negligence of said officer or soldier. (R. S. § 1303.) - § 2192. Same; deficiencies of supplies—In case Of deficiency. Of any article of military supplies, On final settlements of the accounts of any officer charg— ed with the issue of the same, the value thereof shall be charged against the delinquent and deducted from his monthly pay, unless he shall show to the satis- faction of the Secretary of War, by One or more depositions setting forth the circumstances of the Case, that said deficiency was not OCCasioned by any fault on his part. And in Case of damage to any military supplies, the value Of Such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such damage was not occasioned by any fault on his part. (R. S. § 1304.) § 2.193. Deposits of soldiers’ savings—Any en- listed man Of the Army may deposit his savings, in sums not less than five dollars, with any army pay- . master, who shall furnish him a deposit book, in which shall be entered the name of the paymaster and Of the soldier, and the amount, date, and place of such deposit. The amount so deposited shall be ac- counted for in the same manner as Other public funds, and shall be deposited in the Treasury of the United Ch. 3) 3 2205 THE ARMY [Page 305I - States and kept as a separate fund, known as pay of the Army deposit fund, repayment of which to the enlisted man on discharge from the service shall be made out of the fund created by said deposits, and Shall not be subject to forfeiture by sentence Of Court- martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives of a de- ceased soldier, and that such deposits be exempt from liability for such soldier's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. (R. S. § 1305, amended, June 12, 1906, c. 3078, 34 Stat. 246.) § 2.194. Same; interest—For any Sums not less than five dollars so deposited for the period of six Imonths, Or longer, the soldier, On his final discharge, shall be paid interest at the rate of four per Centum per annum. (R. S. § 1306, amended, March 3, 1883, c. 93, § 1, 22 Stat. 456.) - - § 2.195. Same; regulations—The system of de- posits herein established shall be carried into execu- tion under such regulations as may be established by the Secretary of War. (R. S. § 1307.) § 2196. Clothing balances, how payable- Clothing balances accumulating to the soldier’s credit under section thirteen hundred and two shall, When payable to him upon his discharge, be paid Out of the appropriation for pay of the Army for the then current fiscal year. (R. S. § 1308, amended, June 12, 1906, c. 3078, 34 Stat. 246.) - § 2197. Periods of payment—The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable. (R. S. § 1189.) § 2198. Advance payment to troops embark- ing for Philippines—Troops about to embark for service in the Philippine Islands may, in the discre- tion of the Secretary of War, be paid one month’s wages in advance prior to embarkation. (May 26, 1898, c. 363, § 1, 30 Stat. 420, amended, July 7, 1898, c. 584, 30 Stat. 721.) § 2199. Šarºle; annual or monthly compensa- tion—Hereafter, where the compensation of any per- son in the military service of the United States is an- nual or monthly the following rules for division of time and computation of pay for services rendered are hereby established: Annual Compensation shall be di- vided into twelve equal installments, one of which shall be the pay for each Calendar month ; and in making payments for a fractional part Of a month. One- thirtieth of one of such installments, or of a monthly Compensation, shall be the daily rate of pay. For the purpose of COmputing Such compensation and for Com- puting time for Services rendered during a fractional part of a month in Connection with annual or month- ly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any Calendar month, thus exclud- ing the thirty-first of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the service Of the United States during a thirty-One day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any per- son entering said service during the month of Feb- ruary and serving until the end thereof shall be en- titled to One month’s pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one day's unauthorized absence On the thirty-first day of any Calendar month one day’s pay shall be forfeited. (June 12, 1906, c. 3078, 34 Stat. 248.) - § 2200. Payment of enlisted men, where no paymaster on duty—Hereafter the Secretary Of War is also authorized to arrange for the payment of the enlisted men serving at postS Or places where no pay- master is on duty, by Check or by Currency, to be sent COMP.ST.’18—20 to them by mail or express, at the expense and risk of the United States. (Feb. 27, 1893, c. 168, 27 Stat. 479.) - - - • , § 2201. Payment to enlisted Imen of Signal Corps—The pay of the enlisted men, including the items of commutation of quarters, and commutation of fuel, shall be paid monthly to each enlisted man entitled thereto by One Check upon One properly Cer- tified voucher. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 400.) $ 2202. Payment to indorsees of officers’ pay aceounts—Hereafter section thirty-six hundred and twenty, Revised Statutes, as amended by the Act Of Congress approved February twenty-seventh, eighteen hundred and seventy-seven, shall not be construed as precluding officers of the Quartermaster Corps from drawing checks in favor of the person or institution designated by indorsement made on his monthly pay account by any officer of the Army if the pay ac- count has been deposited for payment on maturity in conformity with such regulations as the Secretary of War may prescribe: Provided further, That payment by the United States of a check on the indorsement of the indorsee specified on the pay account shall be a full acquittance for the amount due On the pay ac- count. (March 2, 1913, c. 93, 37 Stat. 710.) § 2203. Payment on settlement of accounts of deceased officer or enlisted man—Hereafter, in the settlement of the accounts of deceased officers Or en- listed men of the Army, where the amount due the decedent’s estate is less than five hundred dollars and Ino demand is presented by a duly appointed legal rep- resentative of the estate, the accounting officers may allow the amount found due to the decedent’s Widow or legal heirs in the following Order of precedence: First, to the widow; second, if decedent left no wid- OW, Or the Widow be dead at time Of Settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and moth- er in equal parts, provided the father has not aban- doned the support of his family, in which case to the mother alone ; fourth, if either the father or mother be dead then to the one surviving ; fifth, if there be no widow, child, father, or mother at the date of Settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Provided, That this Act shall not be so con- Strued as to prevent payment from the amount due the decedent’s estate of funeral expenses, provided a claim therefor is presented by the person. Or persons who actually paid the same before settlement by the accounting officers. (June 30, 1906, c. 3914, § 1, 34 Stat. 750.) - - § 2204. Arrears of pay; volunteers during civil war—No claim for arrears Of pay, bounty, Ol' Other allowances growing out of the service of Volun- teers who served in the Army Of the United States during the Civil War shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department On Or before December thirty-first, nineteen hundred and twelve : Provided, That hereafter no agent Or attorney shall demand or accept, for his Services in connection with the prosecution of claims for arrears of pay, bounty, or other allowances due on account of the services during the Civil War of an officer or en- listed man of the Regular Or Volunteer Armies of the United States, filed after the passage of this Act, any fee for any services rendered in connection there with. Whoever shall violate this provision upon conviction shall be punished by a fine of not exceeding five hun- dred dollars or imprisonment for a period not ex-. ceeding six months, or both, and Shall be disbarred from practice before the Treasury Department. (Dec. 22, 1911, c. 6, 37 Stat. 49.) § 2205. Same; volunteers during war with Spain—No claim for arrears of pay, bounty, Or other £ 2206 (Tit. 14 TEIE ARMY [Page 306] allowances growing out of the service of Volunteers who served in the Army of the United States during the War With Spain shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department On Or before December thirty-first nineteen hundred and fourteen. (Dec. 22, 1911, c. 6, 37 Stat. 49.) Sec. , ' 2206. Officers, professors, and instructors. 2207. Professor of modern languages. 2208. Professor of English and history. 2209. Professor of law. - - Professor of Ordnance and science of gunnery. 2211. Professor of military hygiene. 2212. Associate professor of mathematics. 2213. Same; pay and allowanceS. - Associate professor of modern languages; * , lowances. - 2215. Assistant professors; department of law. r 2216. Same; departments of English and history and of ordnance and gunnery. . 2217. Same; department of English, and history. 2218. Quartermaster and commissary for Cadets. 2219. Chaplain. Chapel organist and choirmaster. 2220. Custodian of gymnasium. - 2221. Local rank of superintendent and commandant. 2222. Superintendent. - 2223. Commandant of cadets. 2224. Appointment of officers and professors. 2225. Selection of officers. 2226. Vacancies, how filled. . . . 2227. Graduates not to be professors within two years. 2228. Professors and associate professor; rank and right to command. - - 2229. Rank, pay and allowances of Army officer acting as pro- fessor after certain term of service. - 2230. Cadets; number and appointment. pay and al- 2230a. Same; enlisted men and National Guard. 2230b. Same; increase in number; annual increments. 2231–2233. [Superseded.] - - - - 2234. Filipinos. 2234a. Same. 2235. [Repealed.] 2236. Cadets; time for admission. 2237. Same; physical examination of candidates. 2238. Same; appointment in advance. 2239. Same; age of appointees. 2240. Same; examination and qualification. 2241. Same; oath. 2242. Same; engagement for service. 2243. Cadet battalion. - - 2244. Where to do duty. 2246. No studies on Sunday. 2246. Found deficient. Cadets discharged for deficiencies. Re-examination of cadets found deficient. 2247. Courts-martial. - 2248. Hazing. - 2249. Board of visitors. 2250. Same; duties. 2251. Same; compensation. 2252. Same; composition and appointment; visits. 2253. Leaves of absence. 2254. Same; to superintendent. º 2255. Supervision of Academy. - 2256. Congressional documents to library. 2257. Retirement of professors. . Pay and allowances; superintendent and commandant. 2259. Same; Adjutant. 2260. Same; professors. 2261. Same; assistant professors and instructors. 2262. Same; assistant instructors of tactics. 2263. Master of sword; instructor of physical culture. 2264. Same; rank, pay, and allowances. 2264a. Same. - - 2265. Cadets; pay; rations or commutation. 2266, Same; pay. 2267. Same; rations or commutation. 2268. Same; traveling expenses of candidates. 2269. Librarian and assistant. 2270. Band. 2271. Same. Rank, pay, and allowances of battalion sergeant major. 2272. Army service men, Quartermaster’s Department. General Army service, department and cavalry de- tachment. - 2274. Engineer detachment. 2275. Non-Commissioned officer and certain enlisted men. 2276. Commissary-sergeant. 2277. Overseer of waterworks; extra pay. 2278. Sale of instruments, apparatus or materials. 2279. Contingent fund; rent of hotel. 2280. Same; proceeds of sales of gas. - Wharfage dues for use of wharf and ferry slip. 2281. Memorial Hall. - Buildings for religious worship. Chapter Four—The Military Academy mathematics. § 2206. Officers, professors, and instructors— The United States Military Academy at West Point, in the State of New York, shall be constituted as fol. 1OWS : There shall be one superintendent; one com- mandant Of Cadets; one senior instructor in the tag- tics of artillery; one senior instructor in the tactics of Cavalry; One senior instructor in the tactics of in- fantry; one professor and one assistant professor of Civil and military engineering; one professor and ohe assistant professor of natural and experimental phil- OSOphy; One professor and one assistant professor of mathematics; * * one professor and one assistant professor of chemistry, mineralogy, and geology; one professor and One assistant professor of drawing; |One professor and] one assistant professor of the French language; [one professor and] one assistant professor of the Spanish language; one adjutant; one master of the sword; and one teacher of music. (R. S. § 1309, amended, Feb. 18, 1896, c. 22, 29 Stat. 8.) Portion of text omitted was expressly repealed by Act Feb. 18, 1896, c. 22, 29 Stat. 8. Text in brackets superseded by § 2207. Detail of dental surgeon to Academy, see § 1834. See Current, Military Academy appropriation act, Act May 29, 1917, c. 22, for provisions for extra pay of officers on detached service at Academy, in addition to those au- thorized by this section (40 Stat. 90); for pay of civilian instructors (40 Stat. 93); for pay of copyists, stenogra- phers, etc. - (40 Stat. 94, 95). § 2207. Professor of modern languages—When a Vacancy OCCurs in the Office Of professor. Of the French language or in the office of professor of the Spanish language in the Military Academy, both these Officers shall cease, and the remaining one of the two professors shall be professor of modern languages; and thereafter there shall be in the Military Academy . One, and Only One, professor of modern languages. (June 23, 1879, c. 35, § 4, 21 Stat. 34.) § 2208. Professor of English and history—The head of the department of English and history shall hereafter have the same status as the professors at the head of the Other departments of instruction at the Military Academy, and the President of the Unit- ed States is hereby authorized, by and with the Con- Sent Of the Senate, to appoint a Civilian in the de- partment of English and history, United States Mili- tary Academy, a professor at the Military Academy, with the rank, pay, allowances, title, and status of the other professors: Provided further, That the pro- visions of law relating to retirement for disability in line of duty shall not apply in the case of this pro- fessor until after he shall have served fifteen years at the Military Academy. (April 19, 1910, c. 174, 36 Stat. 312.) - - - § 2209. Professor of law—The Secretary of War may, in his discretion, assign any officer of the Army as professor of law. (June 1, 1880, c. 115, 21 Stat. 153.) § 2210. Professor of ordnance and science of gunnery—For pay of one professor of Ordnance and science of gunnery (lieutenant-colonel), in addition to pay as major: Provided, That the position shall be filled by the detail of an officer of the Army, who, while so serving, shall have the title and status of other professors. (March 2, 1907, c. 2508, 34 Stat. 1063.) § 2211. Professor of military hygiene—Here- after any Officer detailed from the Medical Corps Of the army as senior medical officer of the post at the Military Academy, whose rank shall not be below that of lieutenant-colonel, shall be the professor of military hygiene. (April 19, 1910, c. 174, 36 Stat. 312.) § 2212. Associate professor of mathematics– There shall be appointed at the Military Academy from the Army, in addition to the professors authoriz- ed by the existing laws, an associate professor of (March 1, 1893, c. 186, 27 Stat. 515.) § 2213. Same; pay and allowances—Hereafter the associate professor of mathematics shall have pay and allowances of a major, and the position shall be filled by the detail of an officer from the Army at large. (March 3, 1905, c. 1404, 33 Stat. 850.) Ch. 4) 3 2230 THE ARMY [Page 307I . § 2214. Associate professor of modern lan- guages; pay and allowances— ” * That the Sec- retary of War shall assign an officer of the Army to the Military Academy as associate professor of mod- ern languages, and that such officer, while so serving, Shall receive the pay and allowances of a major. (March 3, 1903, c. 995, 32 Stat. 1012.) § 2215. Assistant professors; department of law—EHereafter there may be assigned to the depart- ment of law one assistant professor. (Jan. 16, 1895, c. 29, 28 Stat. 630.) - § 2216. Same; departments of English and history and of ordnance and gunnery—For pay of nine assistant professors (captains), two of whom are hereby authorized hereafter for the department of English and history and the department of Ordnance and gunnery, one for each department, respectively, in addition to pay as first lieutenants, three thousand i hundred dollars. (March 3, 1911, c. 207, 36 Stat. 6.) * . - § 2217. Same; department of English and his- tory—EIereafter two assistant professors shall be au- thorized in the department of English and history, one for English and one for history. (Aug. 9, 1912, c. 275, 37 Stat. 252.) - § 2218. Quartermaster and commissary for cadets—That the Secretary of War be hereby directed to detail a competent officer to act as quartermaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the Cadets, and all provisions for the mess, shall be made, and that all supplies of all kinds and descrip- tions shall be furnished to the Cadets at actual cost, without any Commission or advance over said cost; and such officer so assigned shall perform all the du- ties of purveying and supervision for the mess, as now done by the purveyor, without other compensation. (Aug. 7, 1876, c. 255, 19 Stat. 126.) . . See § 2276. - - - § 2219, Chaplain—The duties of Chaplain at the Military Academy shall hereafter be performed by a clergyman to be appointed by the President for a term of four years, and the said chaplain shall be eli- gible for reappointment for an additional term Or terms and shall, while so serving, receive the same pay and allowances as are now allowed to a captain mounted. (Feb. 18, 1896, c. 22, 29 Stat. 8.) Pay of chaplain fixed at $2,400, by Act May 29, 1917, c. 22, 40 Stat. 90. - - . § 2219a. Chapel organist and choirmaster— Hereafter the chapel organist and choirmaster shall be entitled to public quarters when available and to the same allowances with respect to fuel and light as those of a second lieutenant when occupying public quarters. (Aug. 11, 1916, c. 314, 39 Stat. 497.) § 2220. Custodian of gymnasium—For pay of One custodian of gymnasium, who shall hereafter be Selected and appointed by the Superintendent of the Military Academy under Schedule A, classified posi- tions excepted from examination under rule two, Clause three, civil-Service rules, who shall be qualified to act as trainer for the various cadet athletic teams, one thousand two hundred dollars. (March 3, 1911, c. 207, 36 Stat. 1019.) - § 2221. Local rank of superintendent and commandant—The superintendent and the comman- dant of Cadets, while serving as such, shall have, re- spectively, the local rank of colonel and lieutenant- colonel of engineers. (R. S. § 1310.) § 2222. Superintendent—The Superintendent and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. (R. S. § 1311.) § 2223. Commandant of cadets—The comman- Ölant of the Cadets shall have the immediate command | Of the battalion of Cadets, and shall be instructor in hºles Of artillery, cavalry, and infantry. (R. S. § 1312.) the Army separate from the Academy. § 2224. Appointment of officers and profes- sors-The superintendent, the commandant of cadets, and the professors shall be appointed by the Presi- dent. The assistant professors, acting assistant pro- fessors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets, assigned by the superintendent, un- * direction of the Secretary of War. (R. S. § § 2225. Selection of officers—The Superintend- ent and COmmandant of Cadets may be selected, and all Other officers on duty at the Academy may be de- tailed from any arm of the service; but the academić Staff as such shall not be entitled to any command in (R. S. § 1314.) § 2226. Vacancies, how filled—That the Presi- dent Of the United States be authorized to fill any Vacancy occurring at said academy by reason of death, or other cause, of any person appointed by him. (March 3, 1875, c. 135, § 1, 18 Stat. 466.) - § 2227. Graduates not to be professors with- in two years—EIereafter no graduate of the Military Academy shall be assigned Or detailed to serve at said Academy as a professor, instructor, or assistant to either within two years after his graduation, and so much of the Act of June thirtieth, eighteen hundred and eighty-two, as requires a longer service than two years for said assignments or details is hereby re- pealed. (July 26, 1894, c. 167, 28 Stat. 151.) § 2228. Professors and associate professor; rank and right to command—The professors and the associate professor of the United States Military Academy shall have the actual rank in the United States Army now assigned to them by assimilation in the regulations of the Military Academy prescrib- ed by the President of the United States, and that they shall exercise command only in the academic depart- ment of the United States Military Academy. (June 28, 1902, c. 1300, 32 Stat. 409.) . § 2229. Rank, pay, and allowances of Army officer acting as professor after certain term of service–Any officer of the United States Army now holding the position of permanent professor at the United States Military Academy who On July first, nineteen hundred and sixteen, should have served not less than thirty-three years in the Army, One-third of which Service shall have been as professor and instructor at the Military Academy, shall. On that date have the rank, pay, and allowances of a Colonel in the Army. (Aug. 11, 1916, c. 314, 39 Stat. 493.) (R. S. § 1315. Superseded.) Prescribed the number of the corps of cadets. Super- seded, with subsequent provisions, by § 2230. § 2230. Cadets; number and appointment— The Corps of Cadets at the United States Military Academy shall hereafter consist of two for each congressional district, two from each Territory, four from the District . Of Columbia, two from natives Of Porto Rico, four from each State at large, and eighty from the United States at large twenty of whom shall be selected from among the honor graduates Of educa- tional institutions having officers of the Regular Army detailed as professors of military science and tactics under existing law or any law hereafter en- acted for the detail of officers of the Regular Army to Such institutions, and which institutions are desig- nated as “honor schools” upon the determination of their relative standing at the last preceding annual inspection regularly made by the War Department. They shall be appointed by the President and shall, with the exception of the eighty appointed from the TJnited States at large, be actual residents of the congressional or Territorial district, or of the Dis- trict of Columbia, or of the island of Porto Rico, or of the States, respectively, from which they purport to be appointed: Provided, That so much of the Act Of Congress approved March fourth, nineteen hun- dred and fifteen (Thirty-eighth Statutes at Large, page eleven hundred and twenty-eight), as provides for the 3 2230 (Tit. 14 THE ARMY [Page 308I admission of a Successor to any cadet who shall have finished three years of his course at the academy be, and the same is hereby, repealed: Provided further, That the appointment of each member of the present Corps of Cadets is validated and confirmed. (May 4, 1916, c. 110, § 1, 39 Stat. 62.) - Further, as to number and appointment of cadets, see §§ 2230a, 2230b, 2234, 2234a, 2236-2241. § 2230a. Same; enlisted men and National Guard—The President is hereby authorized to appoint Cadets to the United States Military Academy from among enlisted men in number as nearly equal as prac- ticable of the Regular Army and the National Guard between the ages of nineteen and twenty-two years who have served as enlisted men not less than one year, to be selected under Such regulations as the President may prescribe: Provided, That the total number so selected shall not exceed one hundred and eighty at any one time. (May 4, 1916, c. 110, § 2, 39 Stat. 62.) : - - § 2230 b. Same; inerease in number; annual increments—Under such regulations as the President shall prescribe, the increase in the number Of Cadets provided for by this Act shall be divided into four an- nual increments, which shall be as nearly equal as practicable and be equitably distributed among the sources from which appointments are authorized. (May 4, 1916, c. 110, § 3, 39 Stat. 62.) §§ 2231–2233. [Superseded.] - These sections were superseded by § 2230. § 2234. Filipinos—The Secretary of War is here. by authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Philip- pine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emoluments as are authorized by law for Cadets at the Military Academy appointed from the United States, to be paid out of the same appropriations: And provided further, That said Filipinos undergo- ing instruction on graduation shall be eligible only to commissions in the Philippine Scouts. And the pro- visions of section thirteen hundred and tWenty-One, Revised Statutes, are modified in the Case Of the Fil- ipinos undergoing instruction, so as to require them to engage to serve for eight years, unless SOOner dis- charged, in the Philippine Scouts. (May 28, 1908, c. 214, 35 Stat. 441.) - § 2234a. Same—The four Filipino cadets author- ized by the Act of May twenty-eighth, nineteen hun- dred and eight, to be designated by the Philippine Commission to receive instructions at the United States Military Academy, shall hereafter be designat- ed by the Governor General of the Philippine Islands. (Aug. 11, 1916, c. 314, 39 Stat. 493.) - § 2235. [IRepealed.] - - This section was repealed by § 2230. § 2236. Cadets; time for adznission—Cadets ap- pointed to the Military Academy at West Point, New York, for admission after the year nineteen hundred and seven, may be admitted on the first day of March in place of the first day of June. (March 2, 1907, c. 2508, 34 Stat. 1063.) - § 2237. dates—EIereafter any candidate designated as prin- cipal or alternate for appointment as Cadet may pre- sent himself at any time for physical examination at West Point, New York, or other prescribed places, as may be designated by the Secretary of War. (Aug. 9, 1912, c. 275, 37 Stat. 252.) (R. S. § 1316. Temporary.) Provided that no person who had served in military or naval service of Confederate States should be appointed a cadet. Omitted, as temporary and obsolete. - § 2238. Same; appointment in advance—Ca- dets shall be appointed One year in advance of the time of their admission to the Academy, except in cases where, by reason of death or other cause, a va- Same; physical examizzation of candi- cancy occurs which cannot be provided for by Such appointment in advance; but no pay or other allow- ance shall be given to any appointee until he shall have been regularly admitted, as herein provided; and all appointments shall be conditional, until such provisions shall have been complied with. (R. S. § 1817.) - . . - - § 2239. Same; age of appointees—Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, except in the following Case : Any person Who has served honor- ably and faithfully not less than One year, in either the volunteer or regular service of the United States, in the late war for the suppression of the rebellion, and who possesses the other qualifications required by law, may be admitted between the ages of Seven- teen and twenty-four years. (R. S. § 1318.) - § 2240. Same; examination and qualification —Appointees shall be examined under regulations to be framed by the Secretary Of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may, from time to time, prescribe. (R. S. § 1319, amended, March 2, 1901, c. 804, 31 Stat. 911.) - § 2241. Same; oath—Each cadet 'shall, previous to his admission to the Academy, take and subscribe an Oath Or affirmation in the following form: “I, A B, do solemnly swear that I will support the Constitution of the United States, and bear true al- legiance to the National Government; that I Will maintain and defend the Sovereignty of the United States, paramount to any and all allegiance, sover- eignty, or fealty I may Owe to any. State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the rules and articles governing the armies of the United States.” . - - - And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. (R. S. § 1320.) - - - - § 2242. Same; engagement for service—Each Cadet shall sign articles, with the Consent of his par- ents or guardian if he be a minor, and if any he have, by which he shall engage to serve eight years unless sooner discharged. (R. S. § 1321.) - § 2243. Cadet battalion—The Corps of cadets shall be arranged into companies, according to the directions of the Superintendent, each of which shall be commanded by an officer of the Army, for the pur- pose of military instruction. To each company shall be added four musicians. The corps' shall be taught and trained in all the duties of a private soldier, non- commissioned officer, and officer, shall be encamped . at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp. (R. S. § 1322.) - - § 2244. Where to do duty—Cadets shall be sub- ject at all times to do duty in such places and On Such Service as the President may direct. (R. S. § 1323.) § 22.45. No studies on Sunday—The Secretary Of War shall so arrange the course of studies at the Academy, that the cadets shall not be required to pur- Sue their studies on Sunday. (R. S. § 1324.) § 2246. Found deficient—No cadet who is re- ported as deficient, in either conduct or studies, and recommended to be discharged from the Academy, shall, unless upon recommendation of the academic board, be returned or reappointed, or appointed to any place in the Army, before his class shall have left the Academy and received their commissions. (R. S. § 1325.) § 2246a. Cadets discharged for deficiencies— Nothing contained in section thirteen hundred and twenty-five of the Revised Statutes shall render in- eligible any former cadet honorably discharged from the Military Academy for deficiency in studies, if oth- erwise qualified, as a civilian candidate for appoint- ment to any vacancy in the grade Of Second lieutenant under class six of the National-Defense Act approved Ch. 4) THE ARMY 3 2260 - [Page 309] June third, nineteen hundred and sixteen. (Aug. 11, est mail-route [from their respective homes to the 1916, c. 314, 39 Stat. 493.) § 2246b. Re-examination of cadets found de- ficient—Whenever a cadet shall fail to pass any re- Quired examination because deficient in any one sub- ject of instruction he shall have the right to apply for a second examination regarding such subject by making written application therefor to the Academic Board within ten days after being officially notified of Such failure. The examination demanded shall be held within sixty days from the date of such application, and if the cadet being otherwise qualified shall pass the same by Compliance with the requirements exist- ing at the time of the first examination, he shall be readmitted to the academy: Provided further, That this proviso shall apply to those former cadets who failed in not more than two subjects during the cur- rent year Who shall make application for such ex- amination within twenty days after the approval of this Act: Provided further, That any cadet who fails to pass any required examination shall have no more than one re-examination. (Aug. 11, 1916, c. 314, 39 Stat. 493.) - § 2247. Courts-martial—The Superintendent of the Military Academy shall have power to convene general courts-martial for the trial of Cadets, and to execute the sentences of such courts, except the Sentences of suspension and dismission, Subject to the same limitations and conditions now existing as to other general courts-martial. (R. S. § 1326.) § 2248. Hazing—The superintendent of the Unit- ed States Military Academy, subject to the approval of the Secretary of War, shall make appropriate regu- lations for putting a stop to the practice of hazing, Such regulations to prescribe dismissal, suspension, or Other adequate punishments for infractions of the Same, and to embody a clear definition of hazing. Any Cadet who shall be charged with offenses un- der Such regulations which would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court-martial, and any Cadet dismissed from the academy for hazing shall not thereafter be reappointed to the corps of cadets nor be eligible for appointment as a commissioned of- ficer in the Army or Navy or Marine Corps until two years after the graduation of the class of which he was a member. (March 2, 1901, c. 804, § 1, 31 Stat. 911, amended, April 19, 1910, c. 174, 36 Stat. 323.) § 2249. Board of visitors—There shall be ap- pointed every year, [in the following manner, a board Of Visitors, [to attend the annual examination of the Academy: Seven persons shall be appointed by the President, and two Senators and three members of the House of Representatives shall be designated as visitors, by the Vice-President, or President pro tem- pOre Of the Senate, and the Speaker of the House of Representatives, respectively, at the session of Con- #; next preceding such examination.] (R. S. § 327.) - Text in brackets superseded by § 2252. - - § 2250. Same; duties—It shall be the duty of the board of visitors to inquire into the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the Academy. The visitors [appointed by the President] shall report thereon to the Secretary of War, for the information Of Congress, at the commencement of the session next Succeeding Such examination, and the Senators and Representatives designated as visitors shall report to Congress, within twenty days after the meeting of the Session next succeeding the time of their appoint- ment, their action as such visitors, with their views and recommendations concerning the Academy. (R. S. § 1328.) - Text in brackets superseded by § 2252. § 2251. Same; compensation—No compensation Shall be made to the members of said board beyond the payment of their expenses [for board and lodging While at the Academy, and an allowance, [not ex- ceeding eight cents a mile, for traveling by the short- Academy, and thence to their homes.] (R. S. § 1329.) Text in brackets superseded by § 2252. § 2252. Same; composition and appointment;. visits—Hereafter the Board of Visitors to the Mili- tary Academy shall consist of five members of the Committee on Military Affairs of the Senate and sev- en members of the Committee on Military Affairs Of the House of Representatives, to be appointed by the respective chairmen thereof; the members SO ap- pointed shall visit the Military Academy annually at Such time as the chairmen of said Committees shall appoint, and the members from each of said commit- tees may visit said academy together or separately as the said committees may elect during the session of Congress ; and the Superintendent of the academy and the members of the Board Of Visitors shall be notified of such date by the chairmen of the said com- mittees. The expenses Of the members of the board shall be their actual expenses while engaged upon their duties as members of said board not to exceed five dollars per day and their actual expenses of travel by the shortest mail routes: Provided further, That SO much of Sections thirteen hundred and twenty- seven, thirteen hundred and twenty-eight, and thirteen hundred and twenty-nine, Revised Statutes of the |United States, as is inconsistent with the provisions of this Act are hereby repealed. (May 28, 1908, C. 214, 35 Stat. 436, amended, Aug. 9, 1912, c. 275, 37 Stat. 257.) º § 2253. Leaves of absence—Leave of absence may be granted by the superintendent, under regula- tions prescribed by the Secretary of War, to the pro- fessors, assistant professors, instructors, and other officers of the Academy, for the entire period of the suspension of the Ordinary academic studies, without deduction from pay or allowances. (R. S. § 1330.) See § 2109. - § 2254. Same; to superintendent—Hereafter the Secretary of War may grant the Superintendent of the academy leave of absence without deduction from pay Or allowances for the same period that the Super- intendent may grant leave of absence to Other officers of the academy under the provisions of section thir- teen hundred and thirty of the Revised Statutes. (Aug. 9, 1912, c. 275, 37 Stat. 263.) * - § 2255. Supervision of Academy—The supervi- Sion and charge of the Academy shall be in the War Department, under such officer or officers as the Secre- tary of War may assign to that duty. (R. S. § 1331.) § 2256. Congressional documents to library— The Secretary of the Senate shall furnish annually to the library Of the Academy One copy of each docu- ment published, during the preceding year, by the Senate. (R. S. § 1332.) - § 2257. Retirement of professors—The profes- sors of the Military Academy at West Point are placed on the same footing, as to retirement from active service, as officers of the Army. (R. S. § 1333.) § 2258. Pay and allowances; superintendent and commandant—The Superintendent Of the Mili- tary Academy shall have the pay of a colonel, and the commandant of cadets shall have the pay of a lieutenant-colonel. (R. S. § 1334.) § 2259. Saime; adjutant—The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. (R. S. § 1335.) § 2260. Samme; professors—Each of the profes- sors Of the Military Academy whose service as pro- fessor at the Academy exceeds ten years shall have the pay and allowances of Colonel, and all other professors shall have the pay and allowances of lieu- tenant-colonels; and the instructors of Ordnance and science of gunnery and of practical engineering shall have the pay and allowances Of major; and here- after there shall be allowed and paid to the said professors ten per centum of their current yearly pay for each and every term of five years’ service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum 3 2261 (Tit. 14 THE ARMY [Page 310] of said yearly pay; and said professors are hereby placed upon the same footing, as regards restrictions upon pay and retirement from active service, as Offi- cers of the Army. (R. S. § 1336, amended, June 23, 1879, c. 35, § 4, 21 Stat. 34.) § 2261. Same; assistant professors and in- structors—Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain. (R. S. § 1337, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) § 2262. Same; assistant instructors of tac- tics—The assistant instructors of tactics Commanding Cadet Companies at West Point shall receive the Same pay and allowances as assistant professors in the other branches of study. (March 3, 1875, c. 135, 18 Stat. 467.) § 2263. Master of sword; instructor of physical culture—The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a [first lieutenant], mounted: Provided, however, That when- ever a vacancy shall occur in the Office of master Of the Sword and instructor of military gymnastics and physical Culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War. (R. S. § 1338, amended, March 2, 1901, c. 804, 31 Stat. 914.) - Text in brackets superseded by § 2264. § 2264. Same; rank, pay, and allowances- The master of the Sword shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a captain mounted. (March 3, 1905, c. 1404, 33 Stat. 850.) - - § 2264a. Same; rank, pay, and allowances— The master Of the SWOrd shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a major during the active Service Of the present incumbent of that office. (May 29, 1917, c. 22, 40 Stat. 90.) - (R. S. § 1339. Superseded.) Prescribed pay and rations of cadets, superseded, With subsequent provisions, by § 2265. And see § 2266. § 2265. Cadets; pay; rations or commutation —Hereafter the pay of cadets shall be fixed at [five hundred dollars] per annum and One ration per day, Or commutation therefor, such Commutation to be thirty cents per day, to be paid from the appropria- tion for the subsistence of the Army. (June 28, 1902, c. 1300, 32 Stat. 409.) - § 2266. Same; pay—The pay of Cadets at the Military Academy shall hereafter be six hundred dollars a year. (May 11, 1908, c. 163, 35 Stat. 108.) § 2267. Same; rations or commutation—Here- after Cadets shall be entitled to rations, Or COImmuta- tion therefor, as hitherto allowed under the Act approved June twenty-eighth, nineteen hundred and two, entitled “An Act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes.” (May 28, 1908, c. 214, 35 Stat. 430.) - s - § 2268. Same; traveling expenses of candi- dates—Hereafter the actual and necessary traveling expenses of candidates while proceeding from their homes to the Military Academy for qualification as cadets shall, if admitted, be credited to their accounts and paid after admission from the appropriation for the transportation of the Army and its supplies. (June 28, 1902, c. 1300, 32 Stat. 409.) $ 2269. Librarian and assistant—The librarian and assistant librarian at the Military Academy shall , each receive One hundred and twenty dollars a year additional pay. (R. S. § 1340.) - - - Current appropriation for librarian $3,000, and for assist- ant $1,300, by Act May 22, 1917, c. 22, 40 Stat. 94. § 2270. Band—The Military Academy band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band sergeant and assistant leader, and of forty enlisted musicians. The teacher of music shall receive the pay of a Second lieutenant, not mounted; the enlisted band Sergeant and assistant leader shall receive [six hun- dred dollars] per year; and of the enlisted musicians Of the band, twelve shall each receive [thirty-four dollars] per month, twelve shall each receive [twenty- five dollars] per month, and the remaining sixteen Shall each receive [seventeen dollars] per month, and each Of the aforesaid enlisted men shall also be en- titled to the clothing, fuel, rations, and other allow- ances Of musicians of cavalry; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, re-enlistment, and length Of Service as are, or may hereafter become, ap- plicable to other officers or enlisted men of the Army. (R. S. § 1111, amended, March 2, 1901, c. 804, 31 Stat. 912, and March 3, 1905, c. 1404, 33 Stat. 853.) Text in brackets superseded by § 2271. § 2271. Same—For pay of the Military Academy band, field musicians, * * I'Or pay of military band, one band sergeant and assistant leader, nine hundred dollars; Twelve enlisted musicians, at forty-five dollars per month, six thousand four hundred and eighty dollārs; Twelve enlisted musicians, at thirty-six dollars per ºth five thousand one hundred and eighty-four dol- al’S; Sixteen enlisted musicians, at thirty dollars per lºn, five thousand seven hundred and sixty dol- arS; - : 1. - #: 3: . :}; 16: & For pay of field musicians: One sergeant, six hun- dred dollars; One Corporal, two hundred and fifty-two dollars; Twenty-two privates, at one hundred and eighty dollars each, three thousand nine hundred and sixty dollars; - :: :k :: >}: :: sit xx \Hereafter the monthly pay during the first enlist- ment of enlisted men of the band and field musicians of the United States Military Academy shall be as hereinbefore stated, and the continuous service pay Of all grades shall be the same as provided in the Act approved May eleventh, nineteen hundred and eight, entitled “An Act making appropriation for the Support of the Army for the fiscal year ending June thirtieth, nineteen hundred and nine:” Provid- ed., That the band Or members thereof and the field musicians of the Military Academy shall not receive remuneration for furnishing music outside the limits Of the military reservation when the furnishing of Such music places them in competition with local civilian musicians. (May 28, 1908, c. 214, 35 Stat. 431.) * - - See § 2090. § 2271a. Rank, pay, and allowances of battal- ion sergeant major—For pay of one battalion ser- geant major, Infantry, * * Provided, That the en- listed man in the headquarters, United States Corps of Cadets, performing that duty has the rank, pay, and allowance of that grade. (May 29, 1917, c. 22, 40 Stat. 93.) § 2272. Army service men, Quartermaster’s Department—The enlisted men known as the artil- lery detachment at West Point shall be mustered Out Of the Service as artillery-men and immediately re- enlisted as Army service men in the Quartermaster’s Department, continuing to perform the same duties and to have the same pay, allowances, rights and priv- ileges, and subject to the rules, regulations and laws in the Same manner as if their Service had been COn- tinuous in the artillery, and their said service shall Ch. 4A) # 2283 THE ARMY [Page 311] be considered and declared to be continuous in the Army. (June 20, 1890, c. 437, 26 Stat. 167.) § 2273. General Army service, Department, and cavalry detachment—The detachments of enlist- ed men at the Military Academy, heretofore designat- ed as the general army service (Quartermaster's De- partment), and the cavalry detachment, shall be fixed at Such numbers, not exceeding two hundred and fif- teen enlisted men in both detachments, as in the opin- iOn Of the Secretary of War the necessities of the pub- lic Service may from time to time require; but the number of enlisted men of the Army shall not be in- Creased on account of this proviso or the two pre- Ceding paragraphs of this Act. (Feb. 10, 1897, c. 214, 29 Stat. 519.) § 2274. Engineer detachment—Hereafter there Shall be maintained at the United States Military Academy an engineer detachment, which shall consist Of One first sergeant, one quartermaster sergeant, eight Sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight sec- Ond-class privates; . * * Provided, That the enlisted men of said de- tachment shall receive the same pay and allowances as are now Or may be hereafter authorized for Corre- Sponding grades in the battalions of engineers: Pro- Vided further, That nothing herein shall be so con- Strued as to authorize an increase in the total number of enlisted men of the Army now authorized by law. (Aug. 9, 1912, c. 275, 37 Stat. 254.) - § 2275. Non-commissioned officer and certain enlisted men—The non-commissioned officer in charge of mechanics and other labor at the Military Academy, the Soldier acting as clerk in the adjutant’s office, and the four enlisted men in the philosophical and chem- ical departments and lithographic office, shall receive fifty dollars a year additional pay. (R. S. § 1341.) § 2276. Commissary-sergeant—The Secretary of War is hereby authorized to detail a commissary- Sergeant to act as assistant to the commissary of Cadets. (June 30, 1882, c. 255, 22 Stat. 123.) § 2.277. Overseer of waterworks; extra pay— For waterworks: * * That from the foregoing appropriations for waterworks, or from any appropria- tion that may hereafter be made for waterworks, a Sum not to exceed seventy-five cents per day may be paid as extra-duty pay to the overseer, when such Overseer is a soldier detailed for that duty. (March 2, 1901, c. 804, 31 Stat. 920.) § 2278. Sale of instruments, apparatus, or materials—When any instrument, apparatus, imple- ments, or materials which have been heretofore or Imay hereafter be purchased or acquired for the use Of any department Of instruction Or for the mainte- nance and Operation of the waterworks are no longer needed Or are no longer serviceable they may be sold in Such manner as the superintendent may direct and the proceeds credited to the appropriation for the de- partment or the waterworks for which they were pur- chased or acquired. (Aug. 9, 1912, c. 275, 37 Stat. 260.) § 2279. Contingent fund; rent of hotel—That all funds arising from the rent of the hotel on Aca- demy grounds, and other incidental sources, from and after this date be, and are hereby, made a special con- tingent fund, to be expended under the supervision Of the Superintendent of the Academy, and that he be required to account for the same annually, accom- panied by proper vouchers to the Secretary of War. (May 1, 1888, c. 212, 25 Stat. 112.) § 2280. Same; proceeds of sales of gas—That all proceeds of sales Of gas be paid into the post fund. (March 1, 1893, c. 186, 27 Stat. 520.) § 2280a. Wharfage dues for use of wharf and ferry slip—The Secretary of War is authorized to have collected from vessels using the wharf and ferry slip at West Point, New York, such wharfage dues as he may deem just, reasonable, and necessary, the same to be paid at the time of landing to the post 2292. Officers for educational institution; 22953. Quartermaster or his authorized agent. 1915, c. 146, 38 Stat. 1137.) • , § 2281. Memorial Hall—The memorial hall to be erected under the provisions of this act shall be a re- Ceptacle of statues, busts, mural tablets, and portraits of distinguished and deceased officers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession ; and to prevent the introduction of unworthy subjects into this hall the Selection of each shall be made by not leSS than two-thirds Of the members of the entire aca- demic board of the United States Military Academy, the Vote being taken by ayes and nays and to be so recorded. (July 23, 1892, c. 237, § 6, 27 Stat: 263.) § 2282. Buildings for religious worship—The Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Mili- tary Reservation: Provided, That the erection of such building will not interfere with the uses of said reservation for military purposes. Said building shall be erected without any expense whatever to the GOV- ernment of the United States, and shall be removed (March 4, from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Secretary of War, pub- lic or military necessity shall require it, and without Compensation for such building or any other expense whatever to the Government. (July 8, 1898, c. 636, 30 Stat. 722.) - - Chapter Four A–Military Instruction sº, in Educational Institutions 2283. Officers and arms for educational institutions. 2284. Detail of retired officers as professors in colleges. 2285. Detail on application of college. 2286. Officers for educational institutions; ber. * 2287. Same; increase of number; qualifications; service; details of retired officers. 2288. Same; details of retired officers. 2289. Same; details of retired officers in schools. - 2289a. Military equipment and instructors at other schools : and colleges. - increase of num- term, of 2289aa. Same. * 2290. Officers for educational institution; details of retired OfficerS. 2291. Ordnance and ordnance stores for schools: details of retired officers and noncommissioned officers. 2293. Same; details of retired officers and noncommissioned officers; compensation. - 2294. Ordnance and ordnance stores for schools. 2295. Officers for educational institutions; details of retired officers; compensation. - Sales to educational institutions of Stores. § 2283. Officers and arms for educational in- stitutions—The President may, upon the application of any established military institute, seminary Or acad- emy, college or university, within the United States having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superintendent, or professor thereof; but the number of officerS SO de- tailed shall not exceed fifty from the Army, and ten from the Navy, being a maximum of sixty, at any time, and they shall be apportioned throughout the United States, first, to those State institutions applying for such detail that are required to provide instruc- tion in military tactics under the provisions of the act of Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of col- leges where the leading object shall be the practical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics; and after that, said details to be distributed, as nearly as may be practicable, according to population. The Sec- retary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, Out of Ordnance and Ordnance Stores belonging to the Government, and which can be spared for that pur- pose, such number of the Same as may appear to be 3 2283 (Tit. 14 THE ARMY IPage 312] required for military instruction and practice by the students of any college or university under the pro- visions of this section, and the Secretary shall require a bond in each case, in double the value of the prop- erty, for the care and safe keeping thereof, and for the return of the same when required: Provided, That nothing in this act shall be so construed as to prevent the detail of Officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved Febru- ary twenty-sixth, eighteen hundred and seventy-nine, entitled “An act to promote a knowledge of steam- engineering and iron-ship building among the students of scientific schools or colleges in the United States;” and the Secretary of War is hereby authorized to is- sue ordnance and ordnance stores belonging to the Government on the terms and conditions hereinbefore provided to any college or university at which a re- tired officer of the Army may be assigned as provided by section twelve hundred and sixty of the Revised Statutes. (R. S. § 1225, amended, July 5, 1876, c. 167, 19 Stat. 74, July 5, 1884, c. 217, 23 Stat. 108, and Sept. 26, 1888, c. 1037, 25 Stat. 491.) Reserve Officers’ Training Corps units at colleges, etc., see §§ 1881d-18810. . - § 2284. Detail of retired officers as professors in colleges—Any retired officer may, On his OWn ap- plication, be detailed to serve as professor in any Col- lege. But while so serving, such officer shall be al- lowed no additional compensation. (R. S. § 1260, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 242.) § 2285. Detail on application of college—Upon the application of any college, university, Or institution of learning incorporated under the laws of any State within the United States, having Capacity at the Same time to educate not less than one hundred and fifty male students, the President may detail an officer of the Army on the retired list to act as president, Su- perintendent, or professor thereof; and Such officer may receive from the institution to which he may be detailed the difference between his retired and full pay, and shall not receive any additional pay or allow- ance from the United States. (May 4, 1880, c. 81, § 1, 21 Stat. 113.) i - - - § 2286. Officers for educational institutions; increase of number—That section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educa- tional institutions, be, and the same is hereby, amend- ed so aas to permit the President to detail, under the provisions of said act, not to exceed seventy-five Of- ficers of the Army of the United States; and the max- imum number of officers of the Army and Navy to be detailed at any One time under the provision of the act passed September twenty-sixth, eighteen hundred and eighty-eight, amending said section twelve hun- dred and twenty-five of the Revised Statutes, is here- by increased to eighty-five: Provided, That no officer shall be detailed to or maintained at any of the edu- cational institutions mentioned in said act where in- struction and drill in military tactics is not given: Provided further, That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by Act of Congress approved February twenty-sixth, eighteen hundred and seventy-nine, entitled “An act to promote a knowledge of steam-engineering and iron shipbuild- ing among the students of scientific schools or col- leges in the United States.” (Jan. 13, 1891, c. 70, 26 Stat. 716.) . - . See §§ 2283, 2765. - § 2287. Same; increase of number; qualifiea- tions; term of service; details of retired officers —That section twelve hundred and twenty-five of the Revised Statutes, concerning details of Officers of the Army and Navy to educational institutions, be, and the same is hereby, amended so as to permit the Pres- ident to detail under the provisions of said act not to exceed One hundred officers of the Army of the of their rank; United States; and no officer shall be thus detailed who has not had five years service in the Army and no detail to such duty shall extend for more than four years and officers on the retired list of the Army may upon their own application be detailed to Such duty and when so detailed shall receive the full pay and the maximum number of officers of the Army and Navy to be detailed at any one time under the provisions of the act approved Jan- uary thirteenth, eighteen hundred and ninety-One, amending section twelve hundred and twenty-five of the Revised Statutes as amended by an act approved September twenty-sixth, eighteen hundred and eighty- eight, is hereby increased to one hundred and ten. (Nov. 3, 1893, c. 13, 28 Stat. 7.) § 2288. Same; detaiis of retired officers—Noth- ing in the Act entitled “An Act to increase the num- ber of officers of the Army to be detailed to colleges,” approved November third, eighteen hundred and nine- ty-three, shall be so construed as to prevent, limit, or restrict the detail of retired officers of the Army at institutions of learning under the provisions Of Sec- tion twelve hundred and sixty, Revised Statutes, and the Act making appropriations for the support Of the Army, and so forth, approved May fourth, eighteen hundred and eighty, nor to forbid the issue of ord- nance and Ordnance stores, as provided in the Act ap- proved September twenty-sixth, eighteen hundred and eighty-eight, amending section twelve hundred and twenty-five, Revised Statutes, to the institutions at which retired officers may be so detailed; and said Act Of NOWember third, eighteen hundred and ninety- three, and Said Act of May fourth, eighteen hundred and eighty, shall not be construed to allow the full pay Of their rank to retired Officers detailed under Said Section twelve hundred and sixty, Revised Statutes, and said Act of May fourth, eighteen hundred and eighty. (Aug. 6, 1894, c. 228, 28 Stat. 235.) § 2289. Same; details of retired officers in schools—That section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of of ficers of the Army and Navy to educational institu- tions be, and the same is hereby, amended. So as to permit the President to detail under the provisions of that Act, and in addition to the detail of the Officers of the Army and Navy now authorized to be detailed under the existing provisions of said Act, such re- tired officers of the Army and Navy of the United States as in his judgment may be required for that purpose, to act as instructors in military drill and tactics in schools in the United States, where such instruction shall have been authorized by the educa- tional authorities thereof, and where the services of such instructors shall have been applied for by Said authorities. (Feb. 26, 1901, c. 607, § 1, 31 Stat. 810.) § 2289a. Military equipment and instructors at other schools and colleges—Such arms, tentage, and equipment as the Secretary of War shall deem necessary for proper military training shall be Sup- plied by the Government to schools and colleges, Oth- er than those provided for in section forty-Seven Of this Act, having a course of military training pre- scribed by the Secretary of War and having not less than one hundred physically fit male students above the age of fourteen years, under such rules and regu- lations as he may prescribe; and the Secretary of War is hereby authorized to detail such commission- ed and noncommissioned officers of the Army to Said schools and colleges, other than those provided for in section forty-five and forty-six of this Act, detailing not less than One such officer or noncommissioned Of- ficer to each five hundred students under military in- struction. (June 3, 1916, c. 134, § 56, 39 Stat. 197.) The operation of this section was suspended for the pe- riod of the war by § 1881jj. And see § 2289aa. § 2289aa. Same—During the present War Such arms, tentage, and equipment as the Secretary of War shall deem necessary for proper military training shall be supplied by the Government to Schools and Ch. 4B) 3 2298 THE ARMY IPage 313] colleges other than those provided for in section forty- seven of the national-defense Act approved June third, nineteen hundred and sixteen, having a course of mili- tary training prescribed by the Secretary of War, and having not less than One hundred physically fit male students above the age of fourteen years, under such rules and regulations as he may prescribe; and the Secretary of War is hereby authorized during the present Wär to detail commissioned and noncommis- Sioned officers of the Army of the United States to Said Schools and colleges, detailing not less than one Such officer or noncommissioned officer to each five hundred students under military instruction; but no Officer or noncommissioned officer shall be so detailed Who has not had at least one year’s active service in the Army of the United States. (April 17, 1918; c. 56, § 4, 40 Stat.) - § 2290. Officers for educational institution; details of retired officers—No detail shall be made under this Act to any school unless it shall pay the Cost of commutation of quarters of the retired of- ficers detailed thereto and the extra-duty pay to which the latter may be entitled by law to receive for the performance of special duty: Provided, That no de- tail shall be made under the provisions of this Act unless the Officers to be detailed are willing to accept Such position without compensation from the Govern- ment other than their retired pay. (Feb. 26, 1901, c. 607, § 2, 31 Stat. 810.) § 2291. Ordnance and ordinance stores for schools—The Secretary of War is authorized to is- Sue at his discretion, and under proper regulations to be prescribed by him, Out of Ordnance and Ordnance stores belonging to the Government, and which can be Spared for that purpose, upon the approval of the gov- 'ernors of the respective States, such number of the Same as may be required for military instruction and practice by such school, and the Secretary shall re- quire a bond in each case, for double the value of the property, for the care and safe-keeping thereof and for the return of the same when required. (Feb. 26, 1901, c. 607, § 3, 31 Stat. 811.) See § 2294. - - § 2292. Officers for educational institiations; details of retired officers and noncommissioned officers—That section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of Of- ficers of the Army and Navy to educational institu- tions, be, and the same is hereby, amended so as to permit the President to detail under the provisions of that Act, and in addition to the detail of the officers Of the Army and Navy now authorized to be detailed under the existing provisions of said Act, such retired Officers and noncommissioned officers of the Army and Navy of the United States as in his judgment may be required for that purpose to act as instructors in mili- tary drill and tactics in schools in the United States and Territories where such instructions shall have been authorized by the educational authorities there- of, and where the services of such instructors shall have been applied for by said authorities. (April 21, 1904, c. 1403, § 1, 33 Stat. 225.) § 2293. Same; noncommissioned officers; compensation—No de- tail shall be made under this Act to any school un- less it shall pay the cost of commutation of quarters Of the retired Officers or noncommissioned Officers de- tailed thereto and the extra-duty pay to which they may be entitled by law to receive for the perform- ance of. Special duty: Provided, That no detail shall be made under the provisions of this Act unless the Officers and noncommissioned Officers to be detailed are willing to accept such position: Provided further, That they shall receive no Compensation from the Government other than their retired pay. (April 21, 1904, c. 1403, § 2, 33 Stat. 225.) - § 2294. Ordnance and ordnance stores for schools—The Secretary of War is authorized to issue at his discretion, and under proper regulations to details of retired officers and military service authorized to receive him. be prescribed by him, out of ordnance and Ordnance stores belonging to the Government, and which Can be spared for that purpose, upon the approval Of the governors of the respective States. and Territories, such number of the same as may be required for mili- tary instruction and practice by such school, and the Secretary shall require a bond in each case, for double the Value of the property, for the care and safe-keep- ing thereof and for the return of the Same when re- Quired. (April 21, 1904, c. 1403, § 3, 33 Stat. 226.) See § 2291. - - § 2295. Officers for educational institutions; details of retired officers; compensation—That the Act approved November third, eighteen hundred and ninety-three, authorizing the detail of Officers of the army and navy to educational institutions, be amended so as to provide that retired officers, When SO detailed, shall receive the full pay and allowances Of their rank, except that the limitations on the pay Of Officers of the Army above the grade of major as provided in the Act of March second, nineteen hundred and five, and June twelfth, nineteen hundred and six, shall remain in force. (March 3, 1909, c. 252, 35 Stat. 738.) - - § 2295a. Sales to educational institutions of stores—Under such regulations as the Secretary of War may prescribe, educational institutions to which an Officer of the Army is detailed as professor of mil- itary Science and tactics may purchase from the War Department for cash, for the use of their military stu- dents, Such stores, supplies, matériel of war, and mili- tary publications as are furnished to the Army, such Sales to be at the price listed to the Army with the cost Of transportation added: Provided, That all moneys received from the sale of stores, supplies, matériel of War, and military publications to educational insti- tutions to which an officer of the Army is detailed as professor of military science and tactics shall respec- tively revert to that appropriation out of which they Were Originally expended and shall be applied to the purposes for which they are appropriated by law. (July 17, 1914, c. 149, 38 Stat. 512.) Chapter Four B–Desertions Trial by court-martial and punishment for desertion, see post, § 2308a, art. 107. Sec - 2296. Arrest by civil officers. 2297. Same. - - 2298. Removal from record of charge against soldiers of civil War. . 2299. Forfeiture of right to pension. - 2300. Removal from record of charge against soldiers of civil W3.T. 2301. Same; soldiers of civil war re-enlisting without dis- charge from previous enlistment. 2302. Effect of return to duty on claim for pension. - 2303. Effect of removal of charge on rights to pay and bounty. 2304. RéImoval from record of charge against Soldiers of Mex- iCarl War. - - 2305. Cases excepted from provisions of act. - 2306. Effect of removal of charge on Status and record of sol- dier and rights to pension, pay. . 2307. Applications for relief. § 2296. Arrest by civil officers—United States marshals and their deputies, sheriffs and their depu- ties, constables, and police officers of towns and Cit- ies are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the (June 16, 1890, c. 426, § 3, 26 Stat. 158.) § 2297. Same—It shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District, to ar- rest offenders, to summarily arrest a deserter from the military service of the United States and deliver bim into the custody of the military authority of the General Government. (June 18, 1898, c. 469, § 6, 30 Stat. 484.) § 2298. Removal from record of charge against soldiers of civil war—The charge of desertion now standing on the rolls and records in the Office of the Ž 2299 (Tit. 14 THE ARMY IPage 314] Adjutant General of the United States Army against any soldier who served in the late war in the Volun- teer Service shall be removed in all cases where it Shall be made to appear to the satisfaction of the Secretary Of War from Such rolls and records, or from Other satisfactory testimony, that such soldier served faithfully until the expiration of his term of enlist- m'ent, or until the first day of May, anno domini eighteen hundred and sixty-five, having previously Served six months or more, and, by reason of absence from his command at the time the same was mus- tered out, failed to be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hospital while Suffering from wounds, injuries, or disease received or Contracted in the line of duty and was prevented from Completing his term of enlistment by reason of such wounds, injuries, or disease. (March 2, 1889, c. 390, § 1, 25 Stat. 869.) - . - § 2299. Forfeiture of right to pension—Any Soldier who deserts shall, besides incurring the pen- alties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. (April 26, 1898, c. 191, § 6, 30 Stat. 365, amended, May 11, 1908, c. 163, 35 Stat. 110.) § 2300. Removal from record of charge against soldiers of civil war—The Secretary of War is hereby authorized to remove the charge of deser- tion from the record of any regular or volunteer sol- dier in the late war upon proper application therefor, and Satisfactory proof in the following cases: First. That such soldier, after such charge of deser- tion was made, and within a reasonable time there- after, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second. That such soldier absented himself from his command or from hospital while suffering from Wounds, injuries, or disease, received or contracted in the line of duty, and upon recovery voluntarily re- turned to his command and served faithfully there- after, Or died from such Wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, Or Was prevented from so returning by reason of such Wounds, injuries, or diseases before such muster out, Or expiration of Service. - Third. That such soldier was a minor, and was en- listed without the consent of his parent or guardian, and Was released Or discharged from Such Service by the order or decree of any State or United States Court on habeas Corpus or other judicial proceedings, and in such case such soldier shall not be entitled to any bounty or allowance, or pay for any time such soldier was not in the performance of military duty. (March 2, 1889, c. 390, § 2, 25 Stat. 869, amended, March 2, 1891, c. 498, 26 Stat. 824.) § 2301. Same; soldiers of civil war re-enlist- ing without discharge from previous enlistment —The charge of desertion now standing on the rolls and records in the Office of the Adjutant General Of the Army against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or Company, or in the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, Or Company in Which he had previously served, shall be removed in all cases Wherein it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such re-enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment; that the ab- sence from the service did not exceed four months, and that such soldier served faithfully under his re- enlistment. (March 2, 1889, c. 390, § 3, 25 Stat. 870.) § 2302. Effect of return to duty, on claim for pension—Whenever it shall appear from the Official records in the office of the Adjutant General, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from de- Sertion by the Commander competent to Order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, Suffered, without such formal restoration, to resume his place in the ranks of his command, serving faith- fully thereafter until the expiration of his term, such soldier shall not be deemed to rest under any disa- bility, because of such desertion, in the prosecution Of any claim for pension on account of disease con- tracted, or wounds or injuries received in the line of his duty as a soldier. (March 2, 1889, c. 390, § 4, 25 Stat. 870.) - § 2303. Effect of removal of charge on rights to pay and bounty—When the charge of desertion Shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in Case Of his death, the heirs or legal representatives Of such soldier, shall receive the pay and bounty due to such soldier: Provided, however, That this act shall not be SO Construed as to give to any such soldier, or, in Case of his death, to the heirs or legal representa- tives of any such soldier, any pay, bounty, or allow- ance for any time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, Or allowance to any soldier, his heirs or legal represen. tatives, Who served in the Army a period of less than six months. (March 2, 1889, c. 390, § 5, 25 Stat. 870.) § 2304. Removal from record of charge against soldiers of Mexican war—That the Secre- tary of War be, and he hereby is authorized and di- rected to amend the military record of any soldier who enlisted for the war with Mexico, upon proper application, where the rolls and records of the Adju- tant General’s office show the charge of desertion against him, When such rolls and records show the facts set out in the following cases: First. That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and until the fourth day of July anno domini eighteen hundred and forty eight, left his command without having received a discharge. Second. That such soldier, after said charge of de- Sertion was entered on the rolls, voluntarily returned to his Command within a reasonable time, and served faithfully until discharged. (March 2, 1889, c. 390, § 6, 25 Stat. 870.) § 2305. Cases excepted from provisions of act —The provisions of this act shall not be SO construed as to relieve any soldier from the charge of desertion who left his command from disaffection or disloyalty to the GOVernment, or to evade the dangers and hard- ships of the service, or whilst in the presence of the enemy (not being sick or wounded), or while in ar- rest or under charges for breach of military duty, Or in case of a soldier of the Mexican War, who did not actually reach the seat of war. (March 2, 1889, c. 390, § 7, 25 Stat. 870.) § 2306. Effect of removal of charge on status and record of soldier and rights to pension—When Such charge of desertion is removed under the pro- visions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an hon- orable discharge shall be issued in those cases Where the soldier has received none; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said soldier, his widow Or other legal heir shall be entitled to the same rights as in case of, other deceased honorably discharged soldiers: Provided, That this act shall not be Con- strued to give to any soldier, or his legal representa- tives or heir, any pay or allowance for any period of time he was absent without leave, and not in the Ch. 5) 3 2308a THE ARMY performance of military duty. § 8, 25 Stat. 870.) § 2307. Applications for relief—All applica- tions for relief under this act shall be made to and filed with the Secretary of War. (March 2, 1889, c. 390, § 9, 25 Stat. 871, amended, July 27, 1892, c. 273, 27 Stat. 278, and March 2, 1895, c. 181, 28 Stat. 814.) Chapter Five—Articles of War Sec. 2308-2448. [Amended and superseded.] 2308a. Articles of War. I. PRELIMINARY PROVISIONS Definitions. Persons subject to military law. II. COURTS-MARTIAL 3. Courts-martial classified. (March 2, 1889, c. 390, #. A. COMIPOSITION Who may serve on courts-martial. General courts-martial. Special courts-martial. Summary courts-martial. : IB. BY WHOM APPOINTED 8. General courts-martial. 9. Special courts-martial. 0. Summary courts-martial. 11. Appointment of judge advocates. C. JTJRISDICTION 12. General courts-martial. 13. Special courts-martial. 14. Summary courts-martial. 15. Not exclusive. 16. Officers, how triable. D. PROCEDUIRE 17. Judge advocate to prosecute. 18. Challenges. 19. Oaths. 20. Continuances. 21. Refusal to plead. 22. Process to obtain witnesses. 23. Refusal to appear or testify. 24. Compulsory self-incrimination prohibited. 25. Depositions; when admissible. 26. Depositions; before whom taken. - 27. Courts of inquiry; records of, when admissible. _* 28. Resignation without acceptance does not release Officer. 29. Enlistment without discharge. 30. Closed sessions. 31. Order of voting. 32. Contempts. - 33. Records; general courts-martial. 34. Records; special and summary courts-martial. 35. Disposition of records; general courts-martial. 36. Disposition of records; special and summary Courts-martial. 37. Irregularities; effect of. 38. President may prescribe rules. E. LIMITATIONS UPON PROSECUTIONs 39. As to time. 40. As to number. F. PUNISHIMIENTS 41. Certain kinds prohibited. 42. Places of confinement; when lawful. 43. Death sentence; when lawful. 44. Cowardice; fraud; accessory; 45. Maximum limits. G. ACTION BY APPOINTING OR SUPERIOR AUTHORITY 46. Approval and execution of sentence. 47. Powers incident to power to approve. 48. Confirmation; when required. 49. Powers incident to power to confirm. 50. Mitigation or remission of sentences. 51. Suspension of sentences of dismissal or death. 52. Suspension of sentence of dishonorable discharge. b3. Suspension of sentences of forfeiture or confine- ment. : III. PUNITIVE ARTICLES A. ENLISTMENT; MUSTER ; RETURNS 54. Fraudulent enlistment. 55. Officer making unlawful enlistment. 56. Muster rolls; false muster. 67. False returns; omission to render returns. penalty. JB. DESERTION.—ABSENCE WITHOUT LEAVE 58. Desertion. 59. Advising or aiding another to desert. 60. Entertaining, a deserter. 61. Absence without leave. [Page 315I Sec. C. DISRESPECT-INSUBORDINATION.—MUTINY 2308a. Articles of War—Cont'd. 62. Disrespect toward the President, Vice President, Congress, Secretary of War, governors, legis- latures. - 63. Disrespect toward superior officer. . 64. Aºting or willfully disobeying superior of- Cer. 65. Insubordinate conduct toward noncommissiºned Officer. - - 66. Mutiny or sedition. 67. Failure to suppress mutiny or sedition. 68. Quarrels; frays; disorders. - - 3. D. ARREST; conFINEMENT 69. Arrest or confinement of accused persons. 70. Investigation of and action upon charges. 71. Refusal to receive and keep prisoners. 72. Report of prisoners received. 73. Releasing prisoner without proper authority. 74. Delivery of offenders to civil authorities. E. WAR OFFENSES 75. Misbehavior before the enemy. 76. sºdinates compelling commander to surren- er. 77. Improper use of countersign. 78. Forcing a safeguard. * * e 79. Captured property to be secured for public serv- ICe. 80. Dealing in captured or abandoned property. 81. Relieving, corresponding with, or aiding the en- emy. . 82. Spies. F. MISCELLANEOUS CRIMES AND OFFENSEs 83. Military property; willful or negligent damage, or wrongful disposition of. 84. Waste or unlawful disposition of military prop erty issued to soldiers. - 85. Drunk on duty. • 86. Misbehavior of sentinel. 87. Personal interest in sale of provisions. 88. Intimidation of persons bringing provisions. 89. Good order to be maintained and wrongs re- dressed. - 90. Provoking speeches or gestures. 91. Duelling. .* - 92. Murder; rape. 93. Various crimes. 94. Frauds against the government. 95. Conduct unbecoming an officer and gentleman. 96. General article. - IV. COURTS OF INQUIRY 97. When and, by whom ordered. 98. Composition. 99. Challenges. 100. Oath of members and recorder. 101. Powers; procedure. 102. Opinion on merits of case. 103. Record of proceedings; how authenticated. V. MISCELLANEOUS PROVISIONS 104. Disciplinary powers of commanding officers. 105. Injuries to person or property; redress of. 106. Arrest of deserters by civil officials. 107. Soldiers to make, good time lost. 108. Soldiers; separation from the service. 109. Oath of enlistment. 110. Certain articles to be read and explained. 111. Copy of record of trial. 112. Effects of deceased persons; 113. Inquests. 114. Authority to administer oaths. x 115. Appointment of reporters, and interpreters. 116. Powers of assistant judge advocates. 117. Removal of civil suits. 118. Officers; separation from service. 119. Rank and precedence among regulars, and volunteers. - - 120. Command when different corps or commands • happen to join. - 121. Complaints of Wrongs. 2308b. Time of taking effect of Articles of War. 2308c. Effect as to offenses previously committed. 2308d. President may make and publish army regulations. §§ 2308—2448. [Amended and superseded.] These sections consisted of the old Articles of War, and other laws related thereto or connected there with. They were expressly amended by Act Aug. 29, 1916, c. 418, § 3, or superseded thereby, by the inclusion of their provisions therein. See §§ 2308a–2308d. § 2308a. Articles of War—The articles includ- ed in this Section shall be known as the Articles of War and shall at all times and in all places govern the armies of the United States. (R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 650.) loss, disposition of. militia, 3 2308a TEIE ARMY (Tit. 14 [Page 316] - - I. PRELIMINARY PROVISIONS Article 1. Definitions—The following Words when used in these articles shall be construed in the sense indicated in this Article, unless the context shows that a different sense is intended, namely: (a) The word “officer” shall be construed to refer to a COmmissioned Officer; (b) The word “soldier” shall be construed as in- cluding a noncommissioned officer, a private, Or any Other enlisted man; (c) The word “company” shall be understood as in- cluding a troop or battery; and § (d) The word “battalion” shall be understood as in- cluding a squadron. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 650.) Art. 2. Persons subject to military law—The following persons are subject to these articles and shall be understood as included in the term “any per- son subject to military law,” or “persons subject to military law,” whenever used in these articles: Pro- vided, That nothing contained in this Act, except as specifically provided in Article two, subparagraph (C), shall be construed to apply to any person under the United States naval jurisdiction, unless otherwise specifically provided by law. (a) All officers and soldiers belonging to the Regu- lar Army of the United States; all volunteers, from the dates Of their Imuster or acceptance into the military service of the United States; and all Other persons lawfully called, drafted or ordered into, Or to duty or for training in, the said service, from the dates they are required by the terms of the Call, draft Or Order to Obey the Same; (b) Cadets; (C) Officers and soldiers of the Marine Corps When detached for Service with the armies Of the United States by order of the President: Provided, That...an Officer Or Soldier of the Marine Corps When SO de- tached may be tried by military court-martial for an offense committed against the laws for the government of the naval Service prior to his detachment, and for an Offense Committed against these articles he may be tried by a naval court-martial after such detach- ment Ceases; - (d) Ail retainers to the Camp and all perSOnS a C- companying or serving with the armies of the United States without the territorial jurisdiction of the TJnited States, and in time of war all such retainers and persons accompanying or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles; (e) All persons under sentence adjudged by COurtS- martial; (f) All persons admitted into the Regular Army Soldiers' Home at Washington, District of Columbia. (Articles of War, 60, 63, 64, 97. R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See June 18, 1898, c. 469, § 5, 30 Stat. 483. Other provisions making certain persons subject to mili- tary law: Officers of Reserve Officers’ Corps, $ 1881c1; army paymaster’s clerks, Ś 1800; army field clerks (head- quarters clerks), $ 1980a; prisoners in military prisons, Š 2458a; inmates of the Soldiers’ Home, § 9230; patients in the general hospital at Ft. Bayard, N. M., § 92.12. II. COURTS-MARTIAL Art. 3. Courts-marſtial classified—Courts-mar- tial shall be of three kinds, namely: First, general courts-martial; Second, special Courts-martial; and Third, summary courts-martial. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See March 2, 1913, c. 93, 37 Stat. 721. A. COMPOSITION Art. 4. Who may serve on courts-martial— All officers in the military service of the United States, and officers of the Marine Corps when detach- ed for service with the Army by order of the Presi- dent, shall be competent to serve on courts-martial for the trial of any persons who may lawfully be brought before such courts for trial. (Articles of War 68, 77, 78, 97. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See § 2026c. Art. 5. General courts-martial—General CourtS- martial may consist of any number of officers from five to thirteen, inclusive; but they shall not consist Of less than thirteen, when that number Can be COn- vened without manifest injury to the service. (Ar- ticles of War 64, 75. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See March 2, 1913, c. 93, 37 Stat. 721. - Art. 6. Special courts-martial—Special Courts- martial may consist of any number of officers from three to five, inclusive. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See March 2, 1913, C. 93, 37 Stat. 721. Art. 7. Summary courts-martial—A summary Court-martial shall consist of one officer. (R. S. 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 651.) See March 2, 1913, c. 93, 37 Stat. 721. B. BY WHOM APPOINTED Art. 8. General courts-martial.—The President of the United States, the commanding officer of a ter- ritorial division or department, the Superintendent Of the Military Academy, the commanding officer of an army, an army Corps, a division, or a separate bri- gade, and, when empowered by the President, the Com- manding Officer of any district or of any force Or bOdy Of troops may appoint general Courts-martial ; but when any such COmmander is the accuser or the prosecutor of the person or persons to be tried, the Court shall be appointed by Superior Competent all- thority, and no officer shall be eligible to sit as a member Of Such Court when he is the accuser or a wit- ness for the prosecution. (Articles of War 72, 73. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See July 5, 1884, c. 224, 23 Stat. 121, March 2, 1913, c. 93, 37 Stat. 722. Art. 9. Special courts-martial—The Command- ing officer of a district, garrison, fort, camp, or other place where troops are on duty, and the command- ing Officer of a brigade, regiment, detached battalion, or other detached command may appoint Special Courts-martial; but when any such Commanding Of- ficer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by Superior authority, and may in any case be appoint- ed by superior authority when by the latter deemed desirable ; and no officer shall be eligible to sit as a member Of Such COUrt. When he is the accuser Or a Wit- ness for the prosecution. (Articles of War. 81, 82. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See Feb. 18, 1875, c. 80, § 1, 18 Stat. 318, March 2, 1913, c. 93, 37 Stat. 722. Art. 10. Summary courts-martial—The Com- manding Officer Of a garrison, fort, Camp, or other place where troops are On duty, and the commanding officer of a regiment, detached battalion, detached Company, or other detachment may appoint summary Courts-martial; but such Summary Courts-martial may in any case be appointed by Superior authority when by the latter deemed desirable: Provided, That when but One Officer is present with a COmmand he shall be the summary court-martial of that command and shall bear and determine cases brought before him. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See March 2, 1913, c. 93, 37 Stat. 722. Art. 11. Appointment of judge advocates—For each general Or Special court-martial the authority ap- pointing the court shall appoint a judge advocate, and for each general Court-martial One or more assistant judge advocates when necessary. (Articles of War 69, 74. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) Ch. 5) 3 2308á THE ARMY C. JURISDICTION . Art. 12. G e n er a 1 courts-martial—General Courts-martial shall have power to try any person Sub- ject to military law for any crime or offense made punishable by these articles and any other person who by the law of war is subject to trial by military tri- bunals: Provided, That no officer shall be brought to trial before a general court-martial appointed by the Superintendent of the Military Academy. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See March 2, 1913, c. 93, 37 Stat. 722. Art. 13. Special courts-martial—Special Courts- martial shall have power to try any person subject to military law, except an officer, for any crime or of fense not capital made punishable by these articles: Provided, That the President may, by regulations, which he may modify from time to time, except from the jurisdiction of special courts-martial any Class Or classes of persons subject to military law. Special courts-martial shall not have power to ad- judge dishonorable discharge, nor Confinement in ex- cess of six months, nor to adjudge forfeiture of more than six months’ pay. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See March 2, 1913, c. 93, 37 Stat. 722. Art. 14. Summary courts-martial—Summary Courts-martial shall have power to try any person sub- ject to military law, except an officer, a cadet, or a Soldier holding the privileges of a certificate of eligi- bility to promotion, for any crime or offense not capi- tal made punishable by these articles: Provided, That noncommissioned officers shall not, if they ob- ject thereto, be brought to trial before a summary court-martial without the authority of the officer com- petent to bring them to trial before a general Court- martial: Provided further, That the President may, by regulations, which he may modify from time to time, except from the jurisdiction. Of Summary COurtS- martial any class or classes of persons subject to mil- itary law. - Summary courts-martial shall not have power to ad- judge confinement in excess of three months, nor to adjudge the forfeiture of more than three months' pay: Provided, That when the summary court officer is also the Commanding Officer no sentence of Such Summary Court-martial adjudging Confinement at hard labor Or forfeiture of pay, or both, for a period in ex- cess of One month shall be carried into execution un- til the same shall have been approved by superior au- thority. (Article of War 83. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 652.) See March 2, 1901, c. 809, § 4, 31 Stat. 951, March 2, 1913, c. 93, 37 Stat. 722. . • * Art. 15. Not exclusive—The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military Commis- sions, provost courts, or other military tribunals of concurrent jurisdiction in respect of offenders or of. fenses that by the law of war may be lawfully triable by such military commissions, provost courts, or other military tribunals. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 653.) - - Art. 16. Officers; how triable—Officers Shall be triable only by general Courts-martial, and in no case shall an officer, when it can be avoided, be tried by officers inferior to him in rank. (Articles of War 75, 79. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 653.) . . . . . - - D. PROCEDURE Art. 17. Judge advocate to prosecute—The judge advocate Of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the Court, prepare the record of its proceedings. The accused shall have the right to be represented before the court by Counsel of his own selection for his defense, if Such counsel be reasonably available, but should he, for any reason, be unrepresented by counsel, the judge advocate shall from time to time throughout the proceedings advise [Page 3171 the accused of his legal rights. (Articles of War 69, 90. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 653.) • Art. 18. Challenges—Membérs of a general or Special Court-martial may be challenged by the accurs- ed, but only for cause stated to the court. The court Shall determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time. (Articles of War 71, 88. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 653.) Art. 19. Oaths—The judge advocate of a general Or Special Court-martial shall administer to the mem- bers of the Court, before they proceed upon any trial, the following Oath or affirmation: “You, A. B., do swear (or affirm) that you will well and truly try and determine, according to the evidence, the matter now before you, between the United States of America and the person to be tried, and that you will duly admin- ister justice, without partiality, favor, or affection, ac- Cording to the provisions of the rules and articles for the government of the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your Conscience, the best Of your understanding, and the custom of War in like Cases; and you do further swear (or affirm) that you Will not divulge the findings or sentence of the court until they shall be published by the proper authority, except to the judge advocate and assistant judge ad- VOCate; neither will you disclose or discover the vote Or Opinion of any particular member of the court- martial, unless required to give evidence thereof as a witness by a court of justice in due course of law. SO help you God.” - When the Oath or affirmation has been administered to the members of a general or special court-martial, the president of the court shall administer to the judge advocate and to each assistant judge advocate, if any, an oath or affirmation in the following form: “You, A. B., do swear (or affirm) that you will not divulge the findings or sentence of the court to any but the proper authority until they shall be duly dis- closed by the same. So help you God.” All persons who give evidence before a Court-martial shall be examined on Oath or affirmation in the fol- lowing form: “You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.” . Every reporter of the proceedings of a court-martial shall, before entering upon his duties, make oath or affirmation in the following form: “You swear (or af- firm) that you will faithfully perform the duties of reporter to this court. So help you God.” Every interpreter in the trial of any case before a Court-martial shall, before entering upon his duties, make oath or affirmation in the following form: “You swear (or affirm) that you will truly interpret in the case now in hearing. So help you God.” - In case of affirmation the Closing sentence of adju- ration will be omitted. (R. S. § 1203. Articles of War 69, 73, 84, 85, 92. R. S. § 1342, amended, July 27, 1892, c. 272, § 1, 27 Stat. 277, Aug. 29, 1916, c. 418, § 3, 39 Stat. 653.) - Art. 20. Continuances—A court-martial may, for reasonable cause, grant a continuance to either party for such time and as often as may appear to be just. (Article of War 93. R. S. § 1342, amended, Aug. 29, i916, c. 418, § 8, 39 Stat. 654.) Art. 21. Refusal to plead—When the accused, arraigned before a court-martial, from obstinacy and deliberate design stands mute or answers foreign to the purpose, the court may proceed to trial and judg- ment as if he had pleaded not guilty. (Article of War 89. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 654.) . Art. 22. Process to obtain witHiesses—Every judge advocate of a general or special court-martial and every Summary court-martial shall have power to issue the like process to compel witnesses to appear § 2308a (Tit. 14 THE ARMY IPage 318] and testify which courts of the United States, having criminal jurisdiction, may lawfully issue; but Such process shall run to any part of the United States, its Territories, and possessions. (R. S. § 1202. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 654.) Art. 23. Refusal to appear or testify–Every person not subject to military law who, being duly subpoenaed to appear as a witness before any military court, commission, court of inquiry, or board, or be- fore any officer, military or civil, designated to take a deposition to be read in evidence before such Court, commission, court of inquiry, or board, Willfully neg- lects or refuses to appear, or refuses to qualify as a witness, or to testify, or produce documentary evi- dence which such person may have been legally Sub- poenaed to produce, shall be deemed guilty of a mis- demeanor, for which such person shall be punished On information in the district court of the United States or in a court of Original criminal jurisdiction in any of the Territorial possessions of the United States, jurisdiction being hereby conferred upon Such Courts for such purpose; and it shall be the duty Of the United States district attorney or the Officer prose- cuting for the Government in any such court of Origi- nal Criminal jurisdiction, on the certification of the facts to him by the military Court, commission, COurt of inquiry, or board, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than $500 or imprisonment not to exceed six months, or both, at the discretion of the court: Pro- vided, That the fees of such witness and his mileage, at the rates allowed to witnesses attending the courts of the United States, shall be duly paid or tendered said witness, such amounts to be paid Out Of the ap- propriation for the compensation of witnesses. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 654.) See March 2, 1901, c. 809, § 1, 31 Stat. 950. Art. 24. Compulsory self-incrimination pro- hibited—NO witness before a military court, Commis- Sion, court of inquiry, or board, or before any officer, military or civil, designated to take a deposition to be read in evidence before a military court, commis- sion, Court of inquiry, or board, shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 654.) See March 2, 1901, c. 809, § 1, 31 Stat. 950. Art. 25. Depositions; when admissible-A duly authenticated deposition taken upon reasonable notice to the opposite party may be read in evidence before any military Court or commission in any case not capital, or in any proceeding before a court of inquiry or a military board, if such deposition be tak- en when the witness resides, is found, or is about to go beyond the State, Territory, or district in which the court, commission, or board is ordered to sit, Or beyond the distance of one hundred miles from the place of trial or hearing, or when it appears to the satisfaction of the Court, Commission, board, Or ap- pointing authority that the witness, by reason of age, sickness, bodily infirmity, imprisonment, or other rea- sonable cause is unable to appear and testify in person at the place of trial or hearing: Provided, That tes- timony by deposition may be adduced for the de- fense in capital cases. (Articles of War 74, 91. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. Depositions; before whom taken— Depositions to be read in evidence before military courts, commissions, courts of inquiry, or military boards, or for other use in military administration, may be taken before and authenticated by any officer, military or civil, authorized by the laws of the United States or by the laws of the place where the deposi- tion is taken to administer oaths. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) Art. 27. Courts of inquiry; records of, when admissible—The record of the proceedings of a court of inquiry may be read in evidence before any COUlrt- martial or military commission in any case not capital nor extending to the dismissal of an officer, and may also be read in evidence in any proceeding before a court of inquiry or a military board: Provided, That such evidence may be adduced by the defense in cap- ital cases or cases extending to the dismissal of an officer. (Articles of War 92, 121. R. S. 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) Art. 28. Resignation without acceptance does not release officer—Any officer who, having tendered his resignation and prior to due notice of the ac- ceptance of the same, quits his post or proper duties without leave and with intent to absent himself per- manently therefrom shall be deemed a deserter. (Article of War 49. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) - Art. 29. Enlistment without discharge-Any soldier who, without having first received a regular discharge, again enlists in the Army, or in the militia when in the service of the United States, Or in the Navy or Marine Corps of the United States, or in any foreign army, shall be deemed to have deserted the Service Of the United States; and, where the en- listment is in One of the forces of the United States mentioned above, to have fraudulently enlisted therein. (Articles of War 22, 50. R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) - Art. 30. Closed sessions—Whenever a general Or special court-martial shall sit in closed session, the judge advocate and the assistant judge advocate, if any, shall withdraw ; and when their legal advice Or their assistance in referring to the recorded evidence is required, it shall be obtained in Open court, and in the presence of the accused and of his counsel if there be any. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) See July 27, 1892, c. 272, § 2, 27 Stat. 277. Art. 31. Order of voting—Members of a general or Special court-martial, in giving their votes, shall begin with the junior in rank. (Articles of War 72, 95. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) & * Art. 32. Contempts—A court-martial may pun- ish at discretiola, subject to the limitations contained in Article fourteen, any person who uses any menacing words, signs, or gestures in its presence, or who dis- turbs its proceedings by any riot or disorder. (Arti- cles of War 76, 86. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) Art. 33. Records; general courts-martial- Each general court-martial shall keep a separate rec- ord of its proceedings in the trial of each case brought before it, and such record shall be authenticated by the signature of the president and the judge advocate ; but in case the record can not be authenticated by the judge advocate, by reason of his death, disability, or absence, it shall be signed by the president and an assistant judge advocate, if any ; and if there be no assistant judge advocate, or in Case of his death, dis- ability, or absence, then by the president and One Oth- er member of the court. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 655.) - Art. 34. Records; special and summary eourts-martial—Eagh special court-martial and each Summary Court-martial shall keep a record of its pro- ceedings; separate for each case, which record shall contain such matter and be authenticated in Such manner as may be required by regulations which the president may from time to time prescribe. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) See June 18, 1898, c. 469, § 4, 30 Stat. 483. Art. 35. Disposition of records; general courts-martial—The judge advocate of each general Court-martial shall, with such expedition as Circum- stances may permit, forward to the appointing au- thority or to his successor in Command the Original record of the proceedings of such COUIrt in the trial of each case. All records of such proceedings shall, Ch. 5) § 2308a THE ARMY [Page 319 I after having been finally acted upon, be transmitted to the Judge Advocate General Of the Army. (Articles of War 90, 113. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) • Art. 36. Disposition of records; special and summary courts-martial—After having been acted upon by the officer appointing the court, or by the Of- ficer Commanding for the time being, the record Of each trial by special court-martial and a report of each trial by Summary Court-martial shall be trans- mitted to such general headquarters as the President may designate in regulations, there to be filed in the office of the judge advocate. When no longer Of Use, records of special and summary courts-martial may be destroyed. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) See March 3, 1877, c. 102, § 1, 19 Stat. 310, June 18, 1898, c. 469, § 4, 30 Stat. 483. Art. 37. Irregularities; effect of—The proceed- ings of a court-martial shall not be held invalid, nor the findings or sentence disapproved, in any Case On the ground of improper admission or rejection of evi- dence or for any error as to any matter of pleading or procedure unless in the opinion of the reviewing Or confirming authority, after an examination of the entire proceedings, it shall appear that the error Com- plained of has injuriously affected the Substantial rights of an accused: Provided, That the act or omission upon which the accused has been tried Con- stitutes an offense denounced and made punishable by one or more of these articles: Provided further, That the omission of the words “hard labor’ in any sentence of a court-martial adjudging imprisonment Or COn- finement shall not be construed as depriving the all- thorities executing such sentence of imprisonment Or confinement of the power to require hard labor as a part of the punishment in any case where it is au- thorized by the Executive order prescribing maximum punishments. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) - Art. 38. President may prescribe rules-The President may by regulations, which he may modify from time to time, prescribe the procedure, including modes of proof, in cases before courts-martial, Courts of inquiry, military commissions, and other military tribunals: Provided, That nothing contrary to Or in- consistent with these articles shall be so prescribed: Provided further, That all rules made in pursuance of this article shall be laid before the CongreSS an- nually. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) E. LIMITATIONs UPON PROSECUTIONS Art. 39. As to time—Except for desertion COm- mitted in time of war, or for mutiny Or murder, no person subject to military law shall be liable to be tried or punished by a court-martial for any Crime. or offense committed more than two years before the arraignment of such person: Provided, That for desertion in time of peace or for any crime or offense punishable under articles ninety-three and ninety-four of this code the period of limitations upon trial and punishment by court-martial shall be three years: Provided further, That the period of any absence of the accused from the jurisdiction of the United States, and also any period during which by reason of Some manifest impediment the accused shall not have been amenable to military justice, shall be excluded in computing the aforesaid periods of limitation: And provided further, That this article shall not have the effect to authorize the trial Or punishment for any crime or offense barred by the proVisions of existing law. (Articles of War 88, 103. R. S. § 1342, amended, April 11, 1890, c. 78, 26 Stat. 54, Aug. 29, 1916, c. 418, § 3, 39 Stat. 656.) Art. 40. As to number—No person shall be tried a second time for the same Offense. (Articles Of War 87, 102. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) F. PUNISHMENTS Art. 41. Certain kinds prohibited—Punishment by flogging, or by branding, marking, or tattooing On the body is prohibited. (Article of War 98. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) - Art. 42. Places of confinement; when lawful —Except for desertion in time of War, repeated de- Sertion in time of peace, and mutiny, no person shall under the sentence of a court-martial be punished by COnfinement in a penitentiary unless an act or Omis- Sion of which he is convicted is recognized as an offense of a civil nature by some statute of the United States, Or at the Common law as the same exists in the District of Columbia, or by way of Com- mutation of a death sentence, and unless, also, the period of confinement authorized and adjudged by such Court-martial is one year or more: Provided, That when a sentence of confinement is adjudged by a Court-martial upon conviction of two or more actS or omissions any one of which is punishable under these articles by confinement in a penitentiary, the entire sentence of confinement may be executed in a penitentiary: Provided further, That penitentiary Confinement hereby authorized may be served in any penitentiary directly or indirectly under the jurisdic- tion of the United States: Provided further, That perSOnS Sentenced to dishonorable discharge and to confinement not in a penitentiary, shall be confined in the United States Disciplinary Barracks or else- where as the Secretary of War or the reviewing au- thority may direct, but not in a penitentiary. (Article of War 97. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) See § 2458a.(2). - - Art. 43. Death sentence; when lawful—NO person shall, by general Court-martial, be Convicted Of an offense for which the death penalty is made mandatory by law, nor sentenced to Suffer death, eXcept by the COncurrence Of two-thirds Of the mem- bers of said Court-martial and for an offense in these articles expressly made punishable by death. All oth- er convictions and sentences, whether by general or Special Court-martial, may be determined by a ma- jority of the members present. (Articles of War 87, 96. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) - Art. 44. Cowardice; fraud; accessory; pen- alty—When an Officer is dismissed from the service for cowardice or fraud, the crime, punishment, name, and place Of abode of the delinquent shall be pub- lished in the newspapers in and about the camp and in the State from which the offender came or where he usually resides; and after such publication it Shall be Scandalous for an Officer to associate with him. (Articles of War 85, 100. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) - Art. 45. Maximum limits—Whenever the pun- ishment for a crime or offense made punishable by these articles is left to the discretion. Of the Court- martial, the punishment shall not, in time of peace, exceed such limit Or limits as the President may from time to time prescribe. (R. S. § 1342, amended, Aug. 29, 1916, c. 4:18, § 3, 39 Stat. 657.) See Sept. 27, 1890, c. 998, 26 Stat. 291. - G. ACTION BY APPOINTING OR SUPERIOR AUTHORITY - Art. 46. Approval and execution of sentence— No sentence Of a COurt-martial shall be carried into execution until the same shall have been approved by the officer appointing the court or by the officer Commanding for the time being. (Articles of War 65, 104, 110. R. S. § 1342, amended, July 27, 1892, c. 272, § 1, 27 Stat. 277, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) - - Art. 47. Powers incident to power to approve —The power to approve the Sentence of a Court- martial shall be held to include: - 3 2308a > THE ARMY (Tit. 14 [Page 320] (a) The power to approve or disapprove a finding and to approve Only so much of a finding of guilty of a particular offense as involves a finding of guilty of a lesser included offense when, in the Opinion of the authority having power to approve, the evidence of record requires a finding of only the lesser degree of guilt; and - (b) The power to approve or disapprove the whole Or any part of the sentence. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 657.) Art. 48. Confirmation; when required—In ad- dition to the approval required by article forty-six, confirmation by the President is required in the following cases before the sentence of a court-martial is Carried into execution, namely: . (a) Any sentence respecting a general officer: (b) Any sentence extending to the dismissal of an Officer, except that in time of war a sentence extend- ing to the dismissal of an officer below the grade of brigadier general may be carried into execution upon confirmation by the Commanding general Of the Army in the field or by the commanding general of the territorial department or division;. (c) Any sentence extending to the suspension Or dismissal Of a Cadet; and g (d) Any sentence of death, except in the cases of persons convicted in time of war of murder, rape, mutiny, desertion, or as Spies; and in such excepted Cases a sentence Of death may be Carried into exe- cution upon confirmation by the commanding general of the Army in the field or by the Commanding gen- eral of the Territorial department Or division. When the authority competent to confirm the sen- tence has already acted as the approving authority no additional confirmation by him is necessary. (Ar– ticles of War 65, 105–108. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 658.) Art. 49. Fowers incident to power to confirm —The power to confirm the sentence of a COurt-mar- tial shall be held to include: (a) The power to confirm or disapprove a finding, and to confirm so much only of a finding of guilty of a particular offense as involves a finding of guilty of a lesser included offense when, in the Opinion Of the authority having power to confirm, the evidence of record requires a finding of only the lesser degree of guilt; and - - (b) The power to confirm or disapprove the whole or any part of the sentence. (Articles of War 65, 109. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 658.) . - Art. 50. Mitigation or remission of sentences —The power to order the execution of the sentence adjudged by a court-martial shall be held to include, inter alia, the power to mitigate or remit the whole or any part of the sentence, but no sentence of dis- missal of an Officer and no sentence of death shall be mitigated or remitted by any authority inferior to the President. - Any unexecuted portion of a sentence adjudged by a court-martial may be mitigated Or remitted by the military authority competent to appoint, for the com- mand, exclusive of penitentiaries and United States Disciplinary Barracks, in which the person under sentence is held, a Court of the kind that imposed the sentence, and the same power may be exercised by Superior military authority; but no sentence extend- ing to the dismissal of an officer or loss of files, no sentence of death, and no sentence approved or con- firmed by the President shall be remitted or mitigated by any other authority. The power of remission and mitigation shall extend to all uncollected forfeitures adjudged by Sentence of a court-martial. (Articles of War 89, 112. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 658.) See June 18, 1898, c. 469, § 3, 30 Stat. 483. Art. 51. Suspension of sentences of dismissal or death—The authority competent to order the execution of a sentence of dismissal of an officer Or a sentence of death may suspend such sentence until the pleasure of the President be known, and in Case. of such suspension a copy of the order of suspension, together with a copy of the record of trial, shall im- mediately be transmitted to the President. (Articles of War 89, 111. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 658.) . - - Art. 52. Suspension of sentence of dishonor- able discharge—The authority Competent to Order the execution of a sentence, including dishonorable discharge, may suspend the execution of the dishon- orable discharge until the soldier's release from con- finement; but the order of suspension may be vacat- ed at any time and the execution of the dishonorable discharge directed by the officer having general court- martial jurisdiction over the command, exclusive of penitentiaries and the United States Disciplinary Barracks, in which the soldier is held or by the Secretary of War. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 659.) See April 27, 1914, c. 72, 38 Stat. 354. Art. 53. Suspension of sentences of forfei- ture or confinement—The authority competent to Order the execution of a sentence adjudged by a Court- martial may, if the sentence involve neither dis- missal nor dishonorable discharge, suspend the exe- Cution Of the sentence in so far as it relates to the forfeiture of pay or to confinement, or to both; and the person under sentence may be restored to duty during the suspension of confinement. At any time Within One year after the date Of the Order Of Sus- pension such order may, for sufficient cause, be va- cated and the execution of the sentence directed by the military authority Competent to Order the exe- cution of like sentences in the command, exclusive of penitentiaries and the United States Disciplinary Barracks, to which the person under sentence belongs or in which he may be found; but if the order of suspension be not vacated within one year after the date thereof the suspended sentence shall be held to have been remitted. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 659.) - - III. PUNITIVE ARTICLES A. ENLISTMENT; MUSTER ; RETURNS Art. 54. Fraudulent enlistment—Any person who shall procure himself to be enlisted in the mili- tary service of the United States by means of Willful misrepresentation or concealment as to his qualifica- tions for enlistment, and shall receive pay or allow- ances under such enlistment, shall be "punished as a court-martial may direct. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 659.) See July 27, 1892, c. 272, § 3, 27 Stat. 277. - Art. 55. Officer making unlawful enlistment— Any officer who knowingly enlists or musters into the military service any person whose enlistment or mus- ter in is prohibited by law, regulations, or Orders shall be dismissed from the service or suffer such Other punishment as a court-martial may direct. (Ar– ticle of War 3. R. S. § 1342, annended, Aug 29, 1916, c. 418, § 3, 39 Stat. 659.) Art. 56. Muster rolls; false muster—At every muster of a regiment, troop, battery, or company the Commanding Officer thereof shall give to the mustering officer certificates, signed by himself, stating how long absent officers have been absent and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like Cer- tificates, stating how long absent noncommissioned Of- ficers and private soldiers have been absent and the reasons Of their absence. Such reasons and time Of absence shall be inserted in the muster rolls opposite the names of the respective absent Officers and Sol- diers, and the certificates, together with the muster rolls, shall be transmitted by the mustering officer to the Department of War as speedily as the distance of the place and muster will admit. Any Officer Who knowingly makes a false muster of man or animal, or Ch. 5) 8 2308a. THE ARMY who signs or directs or allows the signing of any muster roll knowing the same to contain a false mus- ter or false statement as to the absence or pay of an officer or soldier, or who wrongfully takes money or other consideration on mustering in a regiment, Com- pany, or other organization, or on signing muster rolls, or who knowingly musters as an officer or Soldier a person who is not such officer or Soldier, shall be dis- missed from the service and suffer such other punish- ment as a court-martial may direct. (Articles of War 5, 6, 12–17. R. S. § 1342, amended, Aug. 29, 1916, C. 418, § 3, 39 Stat. 659.) Art. 57. & turns—Every officer commanding a regiment, an in- dependent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels, to the Department of War, an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. Every officer whose duty it is to render to the War Depart- ment or other superior authority a return of the state Of the troops under his command, or of the arms, am- munitions, clothing, funds, or other property there- unto belonging, who knowingly makes a false return thereof shall be dismissed from the service and suffer Such other punishment as a Court-martial may direct. And any officer who, through neglect or design, Omits to render such return shall be punished as a Court- martial may direct. (Articles of War 7, 8, 18, 19. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) * B. DESERTION ARSENCE WITHOUT LEAVE ...Art. 58. Desertion—Any person subject to mili- tary law who deserts or attempts to desert the Serv- ice Of the United States shall, if the Offense be Com- mitted in time of War, Suffer death or such other pun- ishment as a court-martial may direct, and, if the Offense be committed at any other time, any punish- ment, excepting death, that a Court-martial may di- rect. (Articles of War 20, 47. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) -- Art. 59. Advising or aiding another to desert —Any person subject to military law who advises or persuades or knowingly assists another to desert the Service of the United States shall, if the offense be Committed in time of war, Suffer death, or such other punishment as a court-martial may direct, and, if the Offense be committed at any other time, any punish- ment, excepting death, that a court-martial may di- rect. (Articles of War 23, 51. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) Art. 60. Entertaining a deserter—Any officer Who, after having discovered that a soldier in his COmmand is a deserter from the military or naval Serv- ice Or from the Marine Corps, retains such deserter in his Command without informing superior authority Or the Commander of the organization to which the deserter belongs, shall be punished as a court-martial may direct. (Articles of War 22, 50. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) Art. 61. Absence without leave—Any person Subject to military law who fails to repair at the fiXed time to the properly appointed place of duty, or goes from the same without proper leave, or absents himself from his command, guard, quarters, station, Or Camp without proper leave, shall be punished as a Court-martial may direct. (Articles of War 21, 32– 34, 41, 44. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) C. DISRESPECT-INSUBORDINATION_MUTINY Art. 62. Disrespect toward the President, Vice President, Congress, Secretary of War, governors, legislatures—Any officer who uses contemptuous or disrespectful words against the President, Vice Pres- ident, the Congress of the United States, the Secretary CoMP.ST.’18—21 [Page 321] False returns; ornission to remder re- of War, or the governor or legislature of any State, Territory, or other possession of the United States in which he is quartered shall be dismissed from the Service or suffer Such other punishment as a Court- martial may direct. Any other person subject to military law who so offends shall be punished as a Court-martial may direct. (Articles of War 5, 19. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660.) - Art. 63. Disrespect toward superior officer— Any person subject to military law who behaves him- Self with disrespect toward his superior officer shall be punished as a court-martial may direct. (Articles Of War 6, 20. R. S. § 1342, amended, Aug. 29, 1916, C. 418, § 3, 39 Stat. 660.) - - Art. 64. Assaulting or willfully disobeying superior officer—Any person subject to military law Who, On any pretense whatsoever, strikes his Su- perior officer or draws or lifts up any weapon or offers any violence against him, being in the execution of his office, or willfully disobeys any lawful command Of his Superior officer, shall suffer death or such other punishment as a court-martial may direct. (Articles Of War 9, 21. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39. Stat. 660.) - . Art. 65. Insubordinate conduct toward non- commissioned officer—Any soldier who strikes or as- Saults, Or Who attempts or threatens to strike or as- Sault, Or willfully disobeys the lawful order of a non- COImmissioned officer while in the execution of his Office, Or uses threatening or insulting language, or behaves in an insubordinate or disrespectful manner to Ward a noncommissioned officer while in the execu- tion of his Office, shall be punished as a court-martial may direct. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) . Art. 66. Mutiny or sedition—Any person subject to military law who attempts to create or who be- gins, excites, causes, or joins in any mutiny or sedi- tion in any Company, party, post, camp, detachment, guard, Or Other command shall suffer death or such Other punishment as a court-martial may direct. (Articles of War 7, 22. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) . Art. 67. Failure to suppress mutiny or sedi- tion-Any Officer or soldier who, being present at any mutiny Or sedition, does not use his utmost endeavor to Suppress the same, or knowing or having reason to believe that a mutiny or sedition is to take place, does not without delay give information thereof to his Commanding Officer shall suffer death or such other punishment as a Court-martial may direct. (Articles Of War 8, 23. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) - Art. 68. Quarrels; frays; disorders—All offi- cers and noncommissioned officers have power to part and quell all quarrels, frays, and disorders among per- sons subject to military law and to order Officers who take part in the same into arrest, and Other persons subject to military law who take part in the same into arrest Or Confinement, as Circumstances may re- quire, until their proper superior Officer is acquainted there with. And whosoever, being so ordered, refuses to obey such officer or noncommissioned officer or draws a weapon upon or otherwise threatens or does violence to him shall be punished as a court-martial may direct. (Articles of War 24, 27. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) D. ARREST; CONFINEMENT Art. 69. Arrest or confinement of accused persons—An Officer Charged with Crime Or with a serious Offense under these articles shall be placed in arrest by the commanding Officer, and in excep- tional Cases an Officer SO charged may be placed in confinement by the same authority. A soldier Chal'g. ed with Crime or with a Serious Offense under theSQ articles shall be placed in confinement, and When § 280Sa (Tit. 14. THE ARMY charged with a minor offense he may be placed in arrest. Any other person subject to military law charged with crime or with a serious offense under these articles shall be placed in COnfinement Or in arrest, as circumstances may require; and When charged with a minor offense such person may be placed in arrest. Any person placed in arrest under the provisions of this article shall thereby be re- stricted to his barracks, quarters, Or tent, unless such limits shall be enlarged by proper authority. Any officer who breaks his arrest or who escapes from confinement before he is set at liberty by proper au- thority shall be dismissed from the service or suffer such other punishment as a court-martial may di- rect; and any other person subject to military law Who escapes from confinement or who breaks his arrest before he is set at liberty by proper authority shall be punished as a court-martial may direct. (Articles of War 65, 66, 77, 78. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) Art. 70. Investigation of and action upon charges. No person put in arrest shall be COn- tinued in confinement more than eight days, Or until such time as a court-martial can be assembled. When any person is put in arrest for the purpose Of trial, except at remote military posts or stations, the Officer by whose Order he is arrested shall see that a COpy of the charges on which he is to be tried is Served upon him within eight days after his arrest, and that he is brought to trial within ten days there- after, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of Said ten days. If a copy of the charges be not served, Or the arrested person be not brought to trial, as herein re- quired, the arrest shall cease. But persons released from arrest, under the provisions of this article, may be tried, whenever the exigencies of the service Shall permit, within twelve months after such release from arrest: Provided, That in time of peace no perSOn shall, against his objection, be brought to trial before a general court-martial within a period of five dayS subsequent to the service of charges upon him. (Alti- cles of War 70, 71, 78. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 661.) - Art. 71. Refusal to receive and keep prison- ers—No provost marshal or Commander of a guard shall refuse to receive or keep any prisoner Commit- ted to his charge by an officer belonging to the forces of the United States, provided the officer committing shall, at the time, deliver an account in Writing, signed by himself, of the crime or offense charged against the prisoner. Any officer or soldier SO re- fusing shall be punished as a court-martial may di- rect. (Articles of War 67, 80. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 662.) Art. 72. Report of prisoners received—EVery commander of a guard to whose charge a prisoner is Committed Shall, within twenty-four hours after Such confinement, or as SOOn as he is relieved from his guard, report in writing to the commanding Officer the name of such prisoner, the Offense charged against him, and the name of the Officer COmmitting him ; and if he fails to make such report he shall be pun- ished as a court-martial may direct. (Articles of War 68, 82. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 662.) Art. 73. Releasing prisoner without proper authority—Any person subject to military law who, without proper authority, releases any prison- er duly Committed to his charge, Or Who through neg- lect or design suffers any prisoner SO committed to escape, shall be punished as a Court-martial may direct. (Articles Of War 69, 81. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 662.) - Art. 'Y4. Delivery of offenders to civil author- ities—When any person subject to military law, ex- cept one who is held by the military authorities to answer, Or Who is a Waiting trial Or result of trial, IPage 322] - - Or Who is undergoing sentence for a crime or offense punishable under these articles, is accused of a crime Or Offense Committed within the geographical limits Of the States of the Union and the District of Colum- bia, and punishable by the laws of the land, the Com- manding officer is required, except in time of war, upon application duly made, to use his utmost en- deavor to deliver over such accused person to the Civil authorities, or to aid the Officers of justice in apprehending and securing him, in order that he may be brought to trial. Any commanding officer who upon Such application refuses or willfully neglects, except in time of war, to deliver over such accused perSOnS to the Civil authorities or to aid the Officers of justice in apprehending and securing him shall be dismissed from the service or suffer such other pun- ishment as a court-martial may direct. When, under the provisions of this article, de- livery is made to the civil authorities of an offender undergoing sentence of a court-martial, such delivery, if followed by conviction, shall be held to interrupt the execution of the sentence of the court-martial, and the Offender shall be returned to military cus- tody, after having answered to the civil authorities for his offense, for the completion of the said court- martial sentence. (Articles of War 33, 59. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 662.) JE. WAR OFFENSES Art. 75. Misbehavior before the enemy—Any Officer or soldier who misbehaves himself before the enemy, runs away, Or Shamefully abandons Or de- livers up any fort, post, camp, guard, or other com- mand which it is his duty to defend, or speaks words inducing others to do the like, or casts away his arms Or ammunition, or quits his post or colors to plunder Or pillage, or by any means whatsoever occasions false alarms in Camp, garrison, or quarters, shall Suffer death or such other punishment as a Court- martial may direct. (Articles of War 41, 42, 49, 52. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 662.) - Art. 'ſ 6. Subordinates compelling commander to surrender—If any commander of any garrison, fort, post, Camp, guard, or other COmmand is COIm- pelled, by the officers or soldiers under his command, to give it up to the enemy or to abandon it, the Officers or Soldiers SO Offending shall suffer death or such other punishment as a court-martial may direct. (Articles Of War 43, 59. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 77. Improper use of countersign—Any person Subject to military law who makes known the parole or countersign to any person not entitled to receive it according to the rules and discipline Of war, or gives a parole or Countersign different from that which he received, shall, if the Offense be COIm- Imitted in time Of War, Suffer death Or Such Other punishment as a Court-martial may direct. (Articles of War 44, 53. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) * Art. 78. Forcing a safeguard—Any person Sub- ject to military law who, in time Of war, forces a safeguard shall suffer death or such other punish- ment as a court-martial may direct. (Articles of War 55, 57. R. S. § 1342, amended, Aug. 29, 1916, C. 418, § 3, 39 Stat. 663.) Art. '79. Captured property to be secured for public service—All public property taken from the enemy is the property of the United States and shall be Secured for the Service Of the United States, and any person subject to military law who neglects to se- Cure such property Or is guilty Of Wrongful appropria- tion thereof shall be punished as a court-martial may direct. (Articles of War 9, 58. R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 80. Dealing in captured or abandoned property—Any person Subject to military law who buys, sells, trades, Or in any way deals in Or disposes -* Ch. 5) 3 2308a THE ARMY IPage 323] Of captured or abandoned property, whereby he Shall receive or expect any profit, benefit, or advan- tage to himself or to any other person directly or in- directly connected with himself, or who fails when- ever Such property comes into his possession or cus. tody Or within his control to give notice thereof to the proper authority and to turn over such property to the proper authority without delay, shall, on Con- viction thereof, be punished by fine or imprisonment, Or by such other punishment as a court-martial, mili- tary Commission, or Other military tribunal may ad- judge, or by any or all of said penalties. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 81. Relieving, corresponding with, or aiding the enemy—Whosoever relieves the enemy With arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds cor- respondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death, or Such other punishment as a court-martial or military Commission may direct. (Articles of War 45, 46, 56, 57. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 82. Spies—Any person who in time Of War Shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encamp- Iments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial Or by a military Commission, and shall, On conviction thereof, suffer death. (R. S. § 1343. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) F. MISCELLANEOUs CRIMES AND OFFENSES Art. 83. Military property; willful or negli- gent loss, damage, or wrongful disposition of— Any person subject to military law who willfully, or through neglect, suffers to be lost, spoiled, damaged, Or Wrongfully disposed of, any military property be- longing to the United States shall make good the 10SS Or damage and suffer such punishment as a Court-martial may direct. (Articles of War 15, 36. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 84. Waste or unlawful disposition of military property issued to soldiers—Any soldier Who sells or wrongfully disposes of or willfully or through neglect injures or loses any horse, arms, am- munition, a CCOuterments, equipment, clothing, or other property issued for use in the military Service, shall be punished as a court-martial may direct. (Articles of War 16, 17, 37, 38. R. S. § 1342, amended, July 27, 1892, c. 272, § 1, 27 Stat. 277, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 85. Drunk on duty—Any Officer who is found drunk on duty shall, if the Offense be committed in time of war, be dismissed from the service and Suffer Such Other punishment as a Court-martial may direct; and if the offense be committed in time of peace, he shall be punished as a court-martial may direct. Any person subject to military law, except an Officer, who is found drunk on duty shall be punish- ed as a Court-martial may direct. (Articles of War 38, 45. R. S. § 1342, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 318, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244, Aug. 29, 1916, c. 418, § 3, 39 Stat. 663.) Art. 86. Misbehavior of sentimel—Any sentinel who is found drunk or sleeping upon his post, or who leaves it before he is regularly relieved, shall, if the offense be committed in time of war, Suffer death. Or such Other punishment as a court-martial may direct ; and if the Offense be committed in time of peace, he shall suffer any punishment, except death, that a court-martial may direct. (Articles of War 39, 46. R. S. § 1342, amended, Aug. 29, 1916, C. 418, § 3, 39 Stat. 664.) Art. 87. Personal interest in sale of provi- sions—Any officer commanding in any garrison, fort, barracks, Camp, or other place where troops of the United States may be serving who, for his private ad- Vantage, lays any duty or imposition upon or is inter- ested in the sale of any victuals or other necessaries of life brought into such garrison, fort, barracks, Camp, Or other place for the use of the troops, shall be dismissed from the service and suffer such other pun- ishment as a court-martial may direct. (Articles of War 18, 31. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) . 5 Art. 88. Intimidation of persons bringing provisions—Any person subject to military law who abuses, intimidates, does violence to, or wrongfully interferes with any person bringing provisions, sup- plies, Or Other necessaries to the camp, garrison, or Quarters Of the forces Of the United States shall Suffer Such punishment as a court-martial may direct. (Ar- ticles of War 51, 88. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) - . Art. 89. Good order to be maintained and wrongs redressed—All persons subject to military law are to behave themselves orderly in quarters, gar- rison, Camp, and On the march ; and any perSOn Sub- ject to military law who commits any waste Or Spoil, or willfully destroys any property whatsoever (unless by order of his commanding officer), or commits any kind of depredation or riot shall be punished as a Court-martial may direct. Any Commanding Officer who, upon complaint made to him, refuses or omits to See reparation made to the party injured, in So far as the offender's pay shall go toward such reparation, as provided for in article one hundred and five, shall be dismissed from the service, or otherwise punished, as a court-martial may direct. (Articles of War 32, 54, 55. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) Art. 90. Provoking speeches or gestures—No person subject to military law shall use any reproach- ful or provoking speeches or gestures to another; and any person subject to military law who offends against the provisions of this article Shall be punished as a Court-martial may direct. (Articles of War 24, 25. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) - Art. 91. Duelling—Any person subject to mili- tary law who fights or promotes or is concerned in or connives at fighting a duel, or who having knowledge of a challenge sent or about to be sent fails to report the fact promptly to the proper authority shall, if an officer, be dismissed from the service or suffer such Other punishment as a Court-martial may direct; and if any other person subject to military law, shall suf- fer such punishment as a court-martial may direct. (Articles of War 25–28. R. S. § 1342, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) - - Art. 92. Murder; rape—Any person subject to military law who commits murder or rape shall Suffer death or imprisonment for life, as a Court-martial may [be] direct; but no person shall be tried by Court- martial for murder or rape Committed within the geo- graphical limits of the States of the Union and the District of Columbia in time of peace. (Article of War 58. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) Art. 93. Various crimes—Any person Subject to military law who commits manslaughter, mayhem, ar- son, burglary, robbery, larceny, embeZZlement, perjury, assault with intent to Commit any felony, Or assault with intent to do bodily harm, Shall be punished as a court-martial may direct. (Article of War 58. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 664.) Art. 94. Frauds against the Government—Any person subject to military law who makes or causes to be made any claim against the United States, or any officer thereOf, knowing Such claim to be false or fraudulent ; Or - - Who presents or causes to be presented to any per- son in the civil or military service thereof, for ap- proval Or payment, any claim against the United & 2308a (Tit. 14 THE ARMY IPage 324] States, or any officer thereof, knowing such claim to be false Or fraudulent ; Or Who enters into any agreement or conspiracy to de- fraud the United States by obtaining, or aiding oth- ers to obtain, the allowance or payment of any false or fraudulent claim ; or º Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures, or advises the making or use of, any writing or other paper, knowing the same to contain any false or fraudulent State- mentS; Or - Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures, or advises the making Of, any oath to any fact or to any writing or other paper knowing such oath to be false; Or Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment Of any claim against the United States or any officer thereof, forges or counterfeits, or procures, or advises the forging or counterfeiting of any signature upon any writing or other paper, or uses, or procures, Or ad- vises the use of any stich signature, knowing the Sam to be forged or counterfeited ; or . Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the military service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a Certificate Or receipt; Or . * * Who, being authorized to make or deliver any paper certifying the receipt of any property Of the United States furnished Or intended for the military Service thereof, makes or delivers to any person such writing, without having full knowledge of the truth of the statements therein contained and with intent to de- fraud the United States; or - . Who steals, embezzles, knowingly and willingly misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any Ord- nance, arms, equipments, ammunition, clothing, Sub- sistence stores, money, or other property of the Unit- ed States furnished or intended for the military Serv- ice thereof; or - Who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, offi- cer, or other person who is a part of or employed in said forces or service, any Ordnance, arms, equipment, ammunition, clothing, subsistence stores, or Other property of the United States, such soldier, officer, or Other person not having lawful right to sell or pledge the Same ; * - Shall, on conviction thereof, be punished by fine Or imprisonment, or by such other punishment as a court-martial may adjudge, Or by any or all of said penalties. the offenses aforesaid while in the military service of the United States, receives his discharge or is dis- missed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial in the same manner and to the same extent as if he had not received such discharge nor been dismissed. (Article of War 60. R. S. § 1342, amended, March 2, 1901, c. 809, § 5, 31 Stat. 951, Aug. 29, 1916, c. 418, § 3, 39 Stat. 665.) And if any person, being guilty of any of . Art. 95. Conduct unbecoming an officer and ; gentierman--Any officer or cadet who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service. (Articles of War 61, 83. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) - - Art. 96. General article—Though not mentioned in these articles, all disorders and neglects to the prejudice of good order and military discipline, all Conduct of a nature to bring discredit upon the mili- point a recorder. prejudice, or hope of reward. tary service, and all crimes or offenses not capital, of which persons subject to military law may be guilty, shall be taken cognizance of by a general or Special or summary court-martial, according to the nature and degree of the offense, and punished at the dis- cretion of such court. (Articles of War 62, 99. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) . IV. COURTS OF INQUIRY Art. 97. When and by whom ordered—A Court of inquiry to examine into the nature of any trans- action of or accusation or imputation against any Of. ficer or soldier may be ordered by the President Ol' by any commanding officer; but a court of inquiry shall not be Ordered by any commanding Officer ex- cept upon the request of the officer or soldier Whose conduct is to be inquired into. (Articles of War 91, 92, 115. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) - Art. 98. Composition—A court of inquiry shall consist of three or more officers. For each court of inquiry the authority appointing the court shall ap- - (Articles of War 91, 116. R. S. § 342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) Art. 99. Challenges—Members of a court of in- quiry may be challenged by the party whose Conduct is to be inquired into, but Only for cause Stated to the court. The court shall determine the relevancy and validity of any challenge, and shall not receive a chal- lenge to more than One member at a time. The party whose conduct is being inquired into shall have the right to be represented before the Court by counsel of his own selection, if such counsel be reasonably avail- able. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) - Art. 100. Oath of members and recorder—The recorder of a court of inquiry shall administer to the members the following Oath : “You, A. B., do SWear (or affirm) that you will well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, So help you God.” After which the president of the court shall adminis- ter to the recorder the following oath: “You, A. B., do swear (or affirm) that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you, God.” In case of affirmation the closing sentenče of adju- ration will be omitted. (Articles of War 93, 117. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) - - - Art. 101. Powers; procedure—A Court of in- quiry and the recorder thereof shall have the same power to summon and examine witnesses as is given to Courts-martial and the judge advocate thereof. Such witnesses shall take the same Oath Or affirma- tion that is taken by witnesses before courts-martial. A reporter or an interpreter for a court of inquiry shall, before entering upon his duties, take the oath or affirmation required of a reporter or an interpreter for a court-martial. The party whose conduct is be- ing inquired into or his counsel, if any, shall be per- mitted to examine and cross-examine witnesses so as fully to investigate the circumstances in question. (Articles of War 91, 93, 118. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) - Art. 102. Gºpinion on merits of case—A Court of inquiry shall not give an Opinion. On the merits Of the case inquired into unless specially Ordered to do so. (Articles of War 91, 119. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) Art. 103. Record of proceedings; how authen- ticated—Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signature of the president and the recorder thereof, and be for Warded to the COnvening authority. In case the record can not be authenticated by the recorder, Ch. 5) 3 2308a THE ARMY by reason of his death, disability, or absence, it shall be signed by the president and by one other member of the court. (Articles of War 92, 120. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 666.) V. MISCELLANEOUS PROVISIONS Art. 104. Disciplinary powers of commanding officers—Under such regulations as the President may prescribe, and which he may from time to time re- Voke, alter, or add to, the commanding officer of any detachment, company, or higher command may, for minor Offenses not denied by the accused, impose dis- Ciplinary punishments upon persons of his command Without the intervention of a court-martial, unless the accused demands trial by court-martial. The disciplinary punishments authorized by this article may include admonition, reprimand, withhold- ing of privileges, extra fatigue, and restriction to Cer- tain specified limits, but shall not include forfeiture Of pay or confinement under guard. A person pun- ished under authority of this article, who deems his punishment unjust or disproportionate to the offense, may, through the proper channel, appeal to the next Superior authority, but may in the meantime be re- quired to undergo the punishment adjudged. The COImmanding Officer who imposes the punishment, his Successor in command, and superior authority shall have power to mitigate or remit any unexecuted por- tion of the punishment. The imposition and enforce- ment of disciplinary punishment under authority of this article for any act Or Omission shall not be a bar to trial by court-martial for a crime or offense grOWing Out Of the same act or Omission. ; but the fact that a disciplinary punishment has been enforc- ed may be shown by the accused upon trial, and when SO ShoWn shall be Considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. . (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 667.) Art. 105. Injuries to person or property; dress of—Whenever complaint is made to any COm- Imalnding officer that damage has been done to the property Of any perSOn Or that his property has been Wrongfully taken by persons Subject to military law, Such COImplaint shall be investigated by a board Con- Sisting Of any number Of Officers from One to three, . which board shall be convened by the commanding of- ficer and shall have, for the purpose of such investi- gation, power to summon witnesses and examine them upon Oath Or affirmation, to receive depositions or Other documentary evidence, and to assess the dam- ages Sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in the amount approved by him shall be stopped against the pay of the offenders. And the order of such commanding officer directing stoppages herein authorized shall be conclusive on any disbursing offi- cer for the payment by him to the injured parties of the stoppages so ordered. l Where the offenders can not be ascertained, but the organization or detachment to which they belong is known, stoppages to the amount of damages in- flicted may be made and assessed in such proportion as may be deemed just upon the individual members thereof who are shown to have been present with such organization or detachment at the time the dam- ages complained of were inflicted as determined by the approved findings of the board. (R. S. § 1342, amended. Aug. 29, 1916, c. 418, § 3, 39 Stat. 667.) Art. 106. Arrest of deserters by civil officials —it shall be lawful for any civil officer having au- thºrity under the laws of the United States, or of any State, Territory, District, or possession of the United States, to arrest offenders, summarily to arrest a de- Serter from the Imilitary Service Of the United States and deliver him into the custody of the military au- thorities of the United States. (R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 667.) - Fems [Page 325] | Art. 107. Soldiers to make good time lost- Every soldier who in an existing or subsequent en- listment deserts the Service of the United States Or Without proper authority absents himself from his organization, station, or duty for more than one day, or who is confined for more than one day under Sen- tence, or while awaiting trial and disposition of his case, if the trial results in conviction, or through the intennperate use of drugs or alcoholic liquor, Or through disease or injury the result of his Own mis- COnduct, renders himself unable for more than One day to perform duty, shall be liable to serve, after his return to a full-duty status, for such period as shall, with the time he may have served prior to Such de- sertion, unauthorized absence, confinement, or inabili- ty to perform duty, amount to the full term of that part of his enlistment period which he is required to serve with his Organization before being furloughed to the Army reserve. (Article of War 48. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 667.) Art. 108. Soldiers; separation from the serv- ice—No enlisted man, lawfully inducted into the mif- itary service of the United States, shall be discharged from said service without a certificate of discharge, signed by a field officer of the regiment or other Or- ganization to which the enlisted man belongs Or by the commanding officer when no such field officer is present; and no enlisted man shall be discharged from Said Service before his term Of Service has eX- pired, except by order of the President, the Secretary Of War, the commanding Officer of a department, Or by sentence of a general Court-martial. (Articles of War 4, 11. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668.) - Art. 109. Cºath of enlistment—At the time of his enlistment every soldier shall take the following Oath or affirmation : “I, -, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States. Of America ; that I Will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the Orders of the President Of the United States and the Orders Of the Officers appointed over me, according to the Rules and Articles of War.” This oath or affirmation may be taken before any officer. (Articles of War 2, 10. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668.) Art. 110. Certain articles to be read and ex- plained—Articles one, two, and twenty-nine, fifty- four to ninety-six, inclusive, and one hundred and four to one hundred and nine, inclusive, shall be read and explained to every soldier at the time of his en- listment or muster in, or within six days thereafter, and shall be read and explained Once every Six months to the soldiers of every garrison, regiment, or com- pany in the service of the United States. (Articles of War 2, 10, 101, 128. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668.) . Art. 11 i. Copy of record of trial—Every person tried by a general court-martial shall, on demand therefor, made by himself. Or by any person in his be- half, be entitled to a copy of the record of the trial. (Articles of War 90, 114. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668.) - Art. 112. Effects of deceased persons; dis- position of—In case of the death Of any person Sub- ject to military law, the commanding officer of the place or command will permit the legal representative or widow of the deceased, if present, to take posses- sion of all his effects then in Camp or quarters, and if no legal representative or Widow be present, the commanding officer shall direct a summary court to Secure all such effects; and said Summary Court shall have authority to convert such effects into cash, by public or private sale, not earlier than thirty days after the death of the deceased, and to collect and re- ceive any debts due decedent's estate by local debtors, and as soon as practicable after COnverting such ef- fects into cash said summary court shall deposit with § 2308a THE ARMY (Tit. 14 - - - [Page 3261 the proper officer, to be designated in regulations, I ice upon the judge advocate of the court. (R. S. § any cash belonging to decedent's estate, and shall transmit a receipt for such deposit, accompanied by any will Or Other papers of value belonging to the de- ceased, an inventory of the effects secured by said summary court, and a full account of his transac- tions to the War Department for transmission to the Auditor for the War Department for action as all- thorized by law in the settlement of the accounts of deceased officers or enlisted men of the Army; but if in the meantime the legal representative, or Widow, shall present himself or herself to take possession Of decedent’s estate the said summary court shall turn over to him or her all effects not sold and Cash be- longing to said estate, together with an inventory and account, and make to the War Department a full report Of his transactions. The provisions of this article shall be applicable to inmates of the United States Soldiers’ Home who die in any United States military hospital outside of the District of Columbia where Sent from the hOme for treatment. (Articles of War 94, 95, 125–127. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668.) – ’ Art. 113. Inquests—When at any post, fort, camp, or other place garrisoned by the military forces of the United States and under the exclusive juris- diction of the United States, any person shall have been found dead under circumstances which appear to require investigation, the commanding officer will designate and direct a summary court-martial to in- vestigate the circumstances attending the death; and, for this purpose, such summary court-martial shall have power to summon witnesses and examine them upon oath or affirmation. He shall promptly trans- mit to the post or other commander a report of his investigation and of his findings as to the Cause of the death. (R. S. § 1342, amended, Aug. 29, 1916, C. 418, § 3, 39 Stat. 669.) - Art. 114. Authority to administer oaths-Any judge advocate or acting judge advocate, the presi- dent of a general or special court-martial, any Sum- mary court-martial, the judge advocate Or any as- sistant judge advocate of a general or Special Court- martial, the president or the recorder of a court of inquiry or of a military board, any officer designated to take a deposition, any officer detailed to Conduct an investigation, and the adjutant of any command shall have power to administer oaths for the pur- poses of the administration of military justice and for other purposes of military administration; and in foreign places where the Army may be serving shall have the general powers of a notary public Or of a consul of the United States in the administration of oaths, the execution and acknowledgment of legal instruments, the attestation of documents, and all other forms of notarial acts to be executed by per- sons subject to military law. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 669.) See July 27, 1892, c. 272, § 4, 27 Stat. 278. Art. 115. Appointxnent of reporters, and ima- terpreters—Under Such regulations as the Secretary of War may from time to time prescribe, the presi- dent of a court-martial or military Commission, or a Court of inquiry shall have power to appoint a re- porter, who shall record the proceedings of and tes- timony taken before such court or commission and may set down the same, in the first instance, in shorthand. Under like regulations the president Of a Court-martial or military Commission, Or Court of inquiry, or a summary Court, may appoint an inter- preter, who shall interpret for the court or commis- Sion. (R. S. § 1203. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 669.) - - Art. 116. Powers of , assistant judge advo- cates—An assistant judge advocate of a general court- martial shall be competent to perform any duty de- volved by law, regulation, or the custom of the serv- 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 669.) Art. 117. Removal of civil suits—When any civil suit or criminal prosecution is commenced in any Court of a State against any officer, soldier, Or other person in the military service of the United States on account of any act done under color of his Office Or status, or in respect to which he claims any right, title, or authority under any law of the United States respecting the military forces thereof, or under the law of war, such suit or prosecution may at any time before the trial or final hearing thereof be re- Imoved for trial into the district COurt Of the United) States in the district where the same is pending in the manner prescribed in section thirty-three of the Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, and the cause shall thereupon be entered on the docket of said district Court and shall proceed therein as if the cause had been originally commenced in said district court and the same proceedings had been taken in such suit of proSecution in said district Court as shall have beer, had therein in said State court prior to its removal and said district court shall have full power to hear and determine said cause. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 669.) Art. 118. Officers; separation from service— No Officer shall be discharged or dismissed from the service except by order of the President or by sen- tence of a general court-martial; and in time of peace no officer shall be dismissed except in pursu- ance of the sentence of a court-martial or in mitiga- tion thereof; but the President may at any time drop from the rolls of the Army any officer who has been absent from duty three months without leave Or who has been absent in confinement in a prison or peni- tentiary for three months after final conviction by a court of competent jurisdiction. (Articles of War 11, 99. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 669.) See § 2001. Dropping from the rolls officers absent from duty without leave, etc., see §§ 2001, 2002. Restoration to service of officers dismissed by sentence of general Court- Martial, see § 2000. - Art. 119. Rank and precedence among regul- Hars, militia, and volunteers—In time of War Or public danger, when two or more officers of the same grade are on duty in the same field, department, or command, or of Organizations thereof, the President may assign the command of the forces of such field, department, Or Command, Or of any Organization there- Of, without regard to seniority of rank in the same grade. In the absence Of Such assignment by the President, Officers Of the same grade shall rank and have precedence in the following Order, without re- gard to date of rank Or Commission as between Offi- CerS Of different classes, namely: First, Officers Of the Regular Army and officers of the Marine Corps detached for service with the Army by order of the President; second, officers of forces drafted or called into service of the United States; and, third, officers of the volunteer forces: Provided, That officers of the Regular Army holding Commissions in forces drafted Or called into the Service Of the United States or in the volunteer forces shall rank and have prece- dence under said Commissions as if they were Colm- missions in the IRegular Army; the rank of officers Of the Regular Army under Commissions in the Na- tional Guard as such shall not, for the purposes of this article, be held to antedate the acceptance of such officers into the service of the United States under said commissions. (Articles of War 98, 124. R. S. § 1342, amended, March 8, 1910, c. 88, § 1, 36 Stat. 234, Aug. 29, 1916, c. 418, § 3, 39 Stat. 670.) Art. 120. Command when different corps or commands happen to join—When different Corps or Commands of the military forces of the United States happen to join or do duty together the officer high- est in rank of the line of the Regular Army, Marine Ch. 6) 8 2458a (6) THE ARMY Corps, forces drafted or called into the service of the United States Or Volunteers, there on duty, shall, subject to the provisions of the last preceding ar- ticle, command the whole and give Orders for what is needful in the service, unless otherwise directed by the President. (Articles of War 62, 122. R. S. § 1342, amended, March 8, 1910, c. 88, § 1, 36 Stat. 234, Aug. 29, 1916, c. 418, § 3, 39 Stat. 670.) Art. 121. Complaints of wrongs—Any officer Or soldier who believes himself wronged by his com- manding officer, and, upon due application to such commander, is refused redress, may complain to the general commanding in the locality where the Officer against whom the Complaint is made is stationed. The general shall examine into said Complaint and take proper measures for redressing the wrong com- plained Of; and he shall, as SOOn as possible, trans- mit to the Department of War a true statement of such Complaint, with the proceedings had thereon. (Articles of War, 29, 30, 34, 35. R. S. § 1342, amend- ed, Aug. 29, 1916, c. 418, § 3, 39 Stat. 671.) § 2308b. Time of taking effect of Articles of War—The provisions of section three of this Act Shall take effect and be in force On and after the first day of March, nineteen hundred and seventeen: Provided, That articles four, thirteen, fourteen, fif- teen, twenty-nine, forty-seven, forty-nine and ninety- two shall take effect immediately upon the approval of this Act. (Aug. 29, 1916, c. 418, § 4, 39 Stat. 670.) § 2308e. Effect as to offenses previously com- mitted—All offenses committed and all penalties, for- feitures, fines, or liabilities incurred prior to the tak- ing effect of this Act, under any law embraced in or modified, changed, or repealed by this Act, may be prosecuted, punished, and enforced in the same Imanner and With the same effect as if this Act had Inot been passed. (Aug. 29, 1916, c. 418, § 5, 39 Stat. 670.) § 2308d. President may make and publish. army regulations— ” * hereby authorized, under said section to make and publish regulations for the government of the Army in accordance with existing laws. (March 1, 1875, c. 115, 18 Stat. 337.) . Chapter Six—The United States Dis- Sec. ciplinary Barracks 2449-2458. [Superseded.] 2458a. (1) United States Disciplinary Barracks. (2) Persons to be confined in penitentiary; and per- Sons to be confined and detained in Disciplinary Barracks. (3) Government and control; (4) Officers; guards. (5) Powers and duties of commandant. (6) Military training of offenders. (7) Remission of unexecuted portions of sentences; res- toration to duty. # (8) Branch disciplinary barracks. 2459. Supplies for Army to be manufactured. 2460–2469. [Superseded.] §§ 2449-2458. [Superseded.] Section 2449 (R. S. § 1344) was superseded by § 2458a (1) (2). R. S. § 1345. was superseded by § 2458a.(3). Section 2450 . (Act May 21, 1871, c. 186, 18 Stat. 48, amending Act. March 3, 1873, c. 249, 17 Stat. 582) was su- perseded by § 2458a (1) (2). Section 2451 (a part of Act March 2, 1907, c. 2511, 34 Stat. 1169) was superseded by § 2458a (8). Section 2452 (a part of Act March 4, 1909, c. 299, § 1, 35 Stat. 1004) was superseded by § 2458a.(3). Šeć- tion 2453 (R. S. § 1346, as amended) was superseded by § 2458a, by express amendment. Section 2454 (R. S. § 1347) was superseded by § 2458a (4). Section 2455 (R. S. § 1348, as amended) was Superseded by § 2458a, by express amend. ment. Section 2456 (R. S. , § 1349) was superseded by § 2458, by express, amendment. Section 2457 (R. S. § 1350) Was Superseded by § 2458a, by express amendment. Sec- tion 2458 (R. S. $, 1351) was superseded by § 2458a (5), by express amendment. § 2458a. (1) United States Disciplinary Bar- racks—The United States Military Prison, Fort Leav- enworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks. (2) Persons to be confined in penitentiary; and persons to be confined and detained in Dis- regulations. [Page 327] - - And the President is ciplinary Barracks—Persons sentenced to confine- ment upon Conviction by Courts-martial or other mili- tary tribunals of crimes or offenses which, under some statute of the United States or under some law of the State, Territory, District, or other jurisdiction in which the crime or offense may be committed, are punishable by confinement in a penitentiary, includ- ing persons sentenced to confinement upon convic- tion by courts-martial or other military tribunals of two or more acts or Omissions, any one of which, un- der the statute or other law hereinbefore mentioned, Constitutes or includes a crime or offense punishable by confinement in a penitentiary, may be confined at hard labor, during the entire period of confinement so adjudged, in any United States, State, Territorial, Or District penitentiary, or in any other penitentiary directly or indirectly under the jurisdiction of the United States; and all persons sentenced to confine- ment upon conviction by courts-martial or other Imilitary tribunals who are not confined in a peniten- tiary may be confined and detained in the United States Disciplinary Barracks. . (3) Government and control; regulations—The government and COntrol Of the United States DiS- ciplinary Barracks and of all offenders sent thereto for Confinement and detention therein shall be vested in the Adjutant General of the Army under the di- rection of the Secretary of War, who shall from time to time make such regulations respecting the same as may be deemed necessary, and who shall submit annually to COngress a full Statement Of the financial and other affairs of said institution for the preced- ing fiscal year. - - (4) Officers; guards—The Officers Of the United States Disciplinary Barracks shall consist of a com- mandant and such subordinate Officers as may be necessary, who shall be detailed by the Secretary of War from the Commissioned officers of the Army at large. In addition to detailing for duty at said disciplinary barracks such number of enlisted men of the Staff Corps and departments as he may deem necessary, the Secretary Of War shall assign a suffi- cient number of enlisted men of the line Of the Army for duty as guards at said disciplinary barracks and as noncommissioned officers of the disciplinary or- ganizations hereinafter authorized. Said guards, and also the enlisted men assigned for duty as noncom- missioned officers of disciplinary organizations, shall be detached from the line of the Army, or enlisted for the purpose; and said guards shall be organized as infantry, with noncommissioned officers, musicians, artificers, and COOks of the number and grades allow- ed by law for infantry organizations of like strength: Provided, That at least one of said guards shall have the rank, pay, and allowances of a battalion sergeant Imajor. - - (5) Powers and duties of commandant—The Commandant of the United States Disciplinary Bar- racks shall have command thereof and charge and Custody of all offenders sent thereto for confinement and detention therein; shall govern Such offenders and Cause them to be employed at, such labor and in Such trades and to perform such duties as may be deemed best for their health and reformation and with a view to their honorable restoration to duty or their reenlistment as hereinafter authorized; shall Cause note to be taken and a record to be made of the conduct of such offenders; and may shorten the daily time Of hard labor of those who by their obedi- ence, honesty, industry, and general good Conduct. earn such favors—all under Such regulations as the Secretary of War may from time to time prescribe. (6) Military training of offenders—The Secre- tary of War shall provide for placing under military training those offenders sent to the United States Disciplinary Barracks for confinement and detention therein whose record and conduct are such as to war- rant the belief that upon the completion of a course Of Imilitary training they may be worthy of an hon. à 2458a(7) (Tit. 14 THE ARMY 2470. [Page. 3281 . orable restoration to duty or of being permitted to reenlist; may provide for the organization of offend- ers so placed under military training into disciplinary Companies and higher units, organized as infantry, with noncommissioned officers, except color sergeants, Selected or appointed from the enlisted men assigned to duty for that purpose pursuant to the provisions of paragraph four hereof; and may provide for uni- forming, arming, and equipping such organizations. (7) Remission of unexecuted portions of sen- tences; restoration to duty—Whenever he shall deem Such action merited the Secretary of War may remit the unexecuted portions of the sentences of Offenders sent to the United States Disciplinary Bar- racks for confinement and detention therein, and in addition to such remission may grant those who have Inot been discharged from the Army an honorable restoration to duty, and may authorize the reenlist- ment of those who have been discharged or upon their Written application to that end order their restora- tion to the Army to complete their respective terms of enlistment, and such application and order of restoration shall be effective to revive the enlistment Contract for a period equal to the one not served un- der said contract. - Kansas; (8) Branch disciplinary barracks—The Secre- tary of War may, from time to time, designate any building or structure or any part thereof under the control of the Secretary of War and pertaining to the military establishment as a branch disciplinary barracks for the confinement and detention of offend- ers whom it is impracticable to send to the United State Disciplinary Barracks at Fort Leavenworth, and all branch disciplinary barracks and all OffenderS Sent thereto for COnfinement and deten- tion therein shall be subject to the laws respecting the United States Disciplinary Barracks at Fort Leavenworth, Kansas, and the Offenders sent thereto for Confinement and detention therein. (March 4, 1915, c. 143, § 2, 38 Stat. 1084.) - § 2459. Supplies for Army to be manufac- tured—Support and improvement of the Leavenworth military prison, Fort Leavenworth, Kansas: * * The Secretary of War shall cause to be fabricated at the Said prison such supplies for the Army as can be economically and properly manufactured at the said prison. (March 3, 1879, c. 182, § 1, 20 Stat. 389.) §§ 2460–2469. [Superseded.] - These sections (R. S. §§ 1352–1361) were superseded by ex- press amendment by § 2458a, or by the inclusion therein of the subject-matter thereof. TITLE XV-THE NAVY Chap. - Sec. 1. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2470 2. General provisions relating to officers. . . . . . . . . . . 2599 3. Retired officers and rhen of, the Navy. . . . . . . . . . . . 2620 4. Rank and precedence, promotion and advance- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2660 5. The Naval Academy. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2716 5A. Nautical instruction in educational institutions 2762 6. Vessels and navy-yards and naval stations. . . . . 2768 Chap. & w ~. Sec. 7. General provisions relating to the Navy......... 2805 8. Pay, emoluments, and allowances. . . . . . . . . . . . . . . 2814 8A. The Naval Reserve Force. . . . . . . . . . . . . . . . . . .2900/2a 9. The Marine Corps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2901 9A. Naval Flying Corps....... to e º e º 'º - e º e e s tº e º e . . . .2952/2a 9B. Pesertions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2953 10. Articles for the government of the Navy. . . . . . . 2961 Chapter One—Organization Grades of line Officers. 2471. [Obsolete and superseded.] 2471a. [Repealed.] 2471aa. Admirals and vice admirals. 2472. Lieutenants and ensigns. 2473. Junior ensign abolished. 2474. Number on the active list. 2475. Same; when exceeded. - 2476. Officers of Engineer Corps transferred to line. Sec. 2477. Same; rank in line of officers transferred; graduates of Naval Academy. - - - 2478. Same; rank in line of Officers transferred ; graduates officers appointed from civil life. of Naval Academy; Officers below rank 2479. Same; duties of officers transferred; - Of COmmander. 2480. Same; duties of officers transferred. 2481. Same; duties of other engineer officers; 2482. Same; number on active list. examinations. 2433a. Officers assigned to engineering duty only. 2482b. Acting ensigns for engineering duty. 2482c. Same : promotion. * 2482d. Same; duties of lieutenant, junior grade; advance- ment. - 2483. Numbers in grades of active list. 2483a. Number of Commissioned officers. 2483b. Number of commissioned officers of staff corps. 2483c. Same; distribution to various grades of respective - COrps. - 2483d. Odd number of rear admirals. 2483e. Final fraction in number of corps, grade or rank. 2483f. Determining number of officers in line or staff. 24832. Temporary additional officers in Navy and Marin Corps; number. 2483h. Same; temporary advancement and temporary appoint- - ImentS. 2483i. Same; temporary promotion of lieutenants and ensigns. 2483.j. Same; temporary advancements or promotions not to prejudice permanent and probationary commissions. 2483k. Same; time of continuance. 24837. Same; retired rank of officers temporarily advanced. 2483m. Same; how made. - 2483n. Same; act not to reduce rank. 2484. Promotions and appointments to fill vacancies. 2485. Officers advanced in rank as extra numbers. 2486. ditional numbers in their grades. 2487. Selection of rear-admirals during War. 2488. [Superseded.] Officers performing engineering duty on shore to be ad- 2489. Secretaries to Admiral and Vice-Admiral. 2490. Detail of officers as secretaries and clerks. 2491. Medical Corps; number on active list. 2492. Same ; number on active list. Same; increase in number. Same; increase in number. 2493. Same; appointments; how made. 2494. Same; appointment of assistant surgeons. 2495. Same; appointment of acting assistant surgeons. 2496. Same; appointment of passed assistant surgeons. 2497. Same; commissions to passed assistant surgeons. 2498. Same; rank of assistant surgeons in case of delayed examination. - ... Same; officers detailed to red cross. 2499. Medical Reserve Corps; part of Medical Department. 2500. Dental Corps; part of Medical Department. 2501. Same; acting assistant surgeons, etc. 2502. Same; acting assistants as assistant surgeons; - ination. - - 2503. Same; acting assistants as assistant surgeons; proba- tionary period. - - 2504. Same; discharge of acting assistant surgeon on failure on examination; revocation of appointment of acting dental surgeon. 2505. Same; rank and precedence. 2506. Same; pay and allowances. 2507. Same; retirement. - 2508. Same; acting surgeons for temporary service; strength. 2509. Same; appointments by President. 2510. Medical Reserve Corps and Dental Corps; qualifications. 2511. Dental Corps; surgeon at Naval Academy. exam- total 25.11a. Same; Surgeons; appointment; rank. 25.11b sº Surgeons; rank, pay and allowances; examina- IOIlS. 25.11c. Same; officers appointed under Act Aug. 22, 1912, and Act March 14, 1913. - * 2511d. Same; surgeons losing numbers on navy list. 2512. Navy Dental Reserve Corps; appointment; temporary active service. 25.12a. Same; Organization. - - - 2513. Hospital Corps; composition; pharmacists; enlisted force. 25.13a. Same; authorized strength; grades and ratings. 25.13b. Same; pharmacists; appointment. 2514. Same; pharmacists; promotion. 2514a. Same; numbers in various ratings. 2515. Same; duties; part of Medical Department. 2515a. Same; hospital and ambulance service. Ch. 1) THE NAVY & 2471aa [Page 329I Sec. Sec. - 2516. Same; pay of enlisted men. 2582. Transfer from military to naval service. 2517. Same; benefits to Warrant officers and enlisted men. 2583. Apprentices; enlistment; outfit as bounty. 2518. Nurse Corps; composition; appointment. 2584. Naval training stations; Coasters’ Harbor Island. 2519. Same; Commutation of quarters. . 2585. Same; Coasters’ Harbor Island; quarters of training 25193. Same; commutation of quarters. force. . 2520. Surgeon of the fleet. - 2586. Same; San Francisco, Cal. 2521. Same; duties. 2587. Enlisted men; refund of cost of outfit on discharge. 2522. Pay Corps; number on active list. 2588. Same; refund of bounty on discharge. 2523. Officers previously in the service not affected by act. 2589. Same; purchase of discharge. - 2524. Pay Corps; active list of passed assistant and assistant 2590. Same; discharge within three months before expiration - paymasters. - . - r of term. - 2525. Same; active list of passed assistant and assistant pay- 2590a. [Repealed.] - masters; increase. - - 2590b. Enlisted men; furlough without pay. 2526. Same; appointments, how made. 2591. Same; disposition at expiration of term. 2527. Same; qualifications of assistant paymasters. 2592. Same; subject to regulations while sent home or de- 2528. Same; promotion. - tained. - 2529. Same; acting appointments at sea. - 2593. Same; limit of detention. 2530. Same; paymaster of the fleet. 2594. Same; shipping articles. 2531. Same; pay officers; bonds. 2595. Same; honorable discharge; to whom granted. 2532. Same; pay officers; new bonds. - 2596. Same; honorable discharge; form. - 2533. Same; pay officers; bond not affected by new commis- 2597. Same; honorable discharge; report of men entitled. Sion. 2598. Same; honorable discharge; temporary home for men re- ; §: paymasters’ clerks. ceiving. - - 2: ame; paymasters’ clerks. - e e º 2536. Same; clerks of passed assistant and assistant pay- § 2470. Grades of Hine officers—The active list ma.Sters. - of the line officers of the Navy of the United States 2537. [Superseded.] shall be divided into [eleven] grades, as follows, 2537a. Pay Corps; pay clerks and acting pay clerks. namely: - . . 2537b. Same; chief pay clerks. cºy; º 2537c. Same; limitation of total number of clerks. [First. Admiral.] 2537d. Same; chief pay clerks, age, appointment as assistant [Second. Vice-Admiral.] paymasters... - - Third. Rear-admirals. Same; conflicting acts repealed. Loans to officers by paymasters. Engineer of the fleet. 2540. Chaplains; number and appointment. 2541. Same; qualifications. . . 2541a. Same; acting chaplain. 2541b. Same; number; rank. 2541c. Same;. rank, pay and allowances. - 2541d. Same; temporary and acting chaplains. 2542. Same; form of Worship. - - 2543. Same: annual report. 2544-2546. [Superseded.] 2547. Professors of mathematics; duties. 2547a. 2548. 2549. 2568a. 2569. 2570. Same; abolition of corps. - Naval constructors; number and appointment. Same; assistant naval constructors. Same; assistant naval constructor; promotion. Same; additional assistant naval constructors. Same; transfer of officers of line. Same; duty. Naval War College; consolidation with torpedo station. Naval Consulting Board; appropriation. Warrant officers; number and appointment. Same; temporary appointment. Additional marine gunners; quartermaster’s clerks. Warrant officers; title. Machinists; appointment. Same; number. Same; pay; retirement. Same; title. Warrant officers; promotion of seamen. Same; pay on shore duty. Seamen rated as mates. Same; not to discharge from enlistment. Petty officers. Civil engineers and store-keepers at navy-yards. Civil engineers; number on active list. Same; addition to number. Same; promotions. Store-keepers on foreign stations. Same; bonds. . Rating of storekeepers. - Discontinuance of civil offices at yards. Warrant officers; preference of enlisted men in ap- pointments. 2571. Enlisted men; number. 2571a. Same; number of apprentice seamen. 2572. Same; additional seamen. 2573. Same; additional Seamen. 2573a. Same; increase of strength of navy. 2573a.a. Same; temporary increase in strength. 2573b. Same; number exclusive of those court-martialed. 2573c. Same; computation of enlisted strength. 2574. Same; apprentices additional to number. 2574a. Same; number construed as daily average throughout fiscal year. - 2575. Same; term of enlistment. 2576. Same; term of enlistment. 2577. Same; term of enlistment. 2577a. Term of enlistment in Navy and Marine Corps in war. 2578. Enlisted men; term of enlistment; extension. 2578a. Same; extension of minority enlistments. 2579. Sarme; advertising for recruits. 2579a. Pºters procuring recruits for Navy and Marine COrpS. - 2580. Enlisted men; minors; consent of parents and guard- 12.Il S. - ; Same; minors’ certificate of birth. Same; persons not to be enlisted. [FOUrth. Commodores.] Fifth. Captains. - Sixth. Commanders. - Seventh. Lieutenant-commanders. Eighth. Lieutenants. [Ninth. Masters.] Tenth. Ensigns. s "[Eleventh. Midshipmen.] - [Provided, That vacancies occurring in the grades of Admiral and Vice-Admiral shall not be filled by pro- motion, or in any other manner; and that when the Offices of Said grades shall become vacant, the grade itself shall cease to exist.] (R. S. § 1362.) This section was largely superseded by subsequent pro- visions found in this chapter, principally as follows: Ad- mirals and vice admirals, by § 2471aa; commodores, by the Omission thereof from the composition of the active list of the line by § 2482; masters and midshipmen by the change of those grades to that of lieutenants and ensigns, by § 2472. Officers of Engineer Corps transferred to the line, by §§ 2476-2481. See, also, §§ 2482a-2482d. Detail of navy officers to Hydrographic Office, see §§ 657a, 657b. - § 2471. [Obsolete and Superseded.] - This section, authorizing the appointment of an Admi- ral, the office to cease on the vacation thereof by the death, etc., of the appointee, was made obsolete by the death of the appointee thereunder, and superseded by oth- er provisions for admirals in § 2471aa. § 2471a. [Repealed.] This section, relating to the appointment of admirals and vice-admirals, was repealed by Act May 22, 1917, c. 20, § 8, 40 Stat. 86. See § 2471aa. - § 247 laa. Admirals and vice admirals—That the President be, and he is hereby, further author- ized to designate six officers of the Navy for the come mand of fleets or subdivisions thereof and, after be- ing so designated from the date of assuming Such command until relinquishing thereof, not more than three of Such Officers Shall each have the rank and pay of an admiral, and the Others shall each have the rank and pay of a Vice admiral; and the grades Of admiral and vice admiral are hereby authorized and continued for the purpose of this Act: Provided, That in time of War the Selections under the provisions Of this section shall be made from the grades of rear admiral or captain on the active list of the Navy: Provided further, That the pay of an admiral shall be $10,000 and the pay of a vice admiral $9,000 per annum: Provided further, That in time of peace of— ficers for the Command Of fleets and Subdivisions. thereof, as herein authorized, shall be designated from among the rear admirals On the active list of the Navy: Provided further, That nothing herein contain- ed shall create any vacancy in any grade in the Navy. or increase the total number of Officers authorized by law: Provided further, That when an officer with the rank of admiral or vice admiral is detached from the # 2471aa (Tit. 15 THE NAVY IPage 330] - Command of a fleet or subdivision thereof, as herein authorized, he shall return to his regular rank in the list of Officers of the Navy and shall thereafter re- Ceive only the pay and allowances of such rank: And provided further, That nothing in this Act shall be held or construed as amending or repealing the provi- Sions of sections fourteen hundred and thirty-four, fourteen hundred and sixty-three, and fourteen hun- dred and Sixty-four of the Revised Statutes Of the United States. (May 22, 1917, c. 20, § 18, 40 Stat. 89.) The Revised Statutes sections referred to are $$ 2604, 2654, 2655. • ‘ - § 2472. Lieutenants and ensigns—For the pay of the Navy, for the active list, namely: * * One hundred masters, the title of which grade is hereby Changed to that of lieutenants, and the masters now On the list shall constitute a junior grade of, and be Commissioned as, lieutenants, having the same rank and pay as now provided by law for masters, but pro- motion to and from said grade shall be by examina- tion as provided by law for promotion to and from the grade of master, and nothing herein contained Shall be so construed as to increase, the pay now al- lowed by law to any officer in the line or staff; * * ninety-One midshipmen, the title of which grade is hereby changed to that of ensign, and the midship- Iman now On the list shall Constitute a junior grade Of, and be COmmissioned as, ensigns, having the same rank and pay as now provided by law for midship- Imen, but promotions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, and nothing herein Contained shall be so construed as to increase the pay now al- lowed by law to any officer of said grade or of any Officer of relative rank. (March 3, 1883, c. 97, § 1, 22 Stat. 472.) § 2473. Junior ensigma abolished—The grade of junior ensign in the Navy is hereby abolished and the junior ensigns now On the list shall be Commissioned ensigns in the Navy: Provided, That nothing in this act Shall be SO COnStrued as to increase the number of officers in the Navy now allowed by law. (June 26, 1884, c. 122, § 2, 23 Stat. 60.) § 2474. Number on the active list—There shall be allowed On the active list Of the line Officers Of the Navy [one Admiral, one Vice-Admiral, [ten] rear-ad- mirals, [twenty-five Commodores, [fifty] captains, [ninety] Commanders, ſeighty] lieutenant-Commanders, [two hundred and eighty} lieutenants, [One bundred masters, and [One hundred] ensigns ; [and no promo- tion to the grade of lieutenant-commander shall be made until the number of such grade is reduced be- low eighty]. (R. S. § 1363.) Text in brackets superseded by subsequent provisions. See §§ 2471aa, 2472, 2482, 2483, 2483a–2483m. § 2475. Same; when exceeded—The provisions of the foregoing section shall not have the effect [to vacate the Commission of any lieutenant-Commander, lieutenant, master, or ensign appointed according to law, in excess of the respective number therein fixed ; nor] to preclude the advancement of any officer to a higher grade, for distinguished conduct in battle, or for extraordinary heroism, under the provisions of sections fifteen hundred and six and fifteen hundred. and eight. (R. S. § 1364.) Text in brackets superseded. See § 2474 and note. § 2476. Officers of Engineer Corps transfer- red to line—That the officers constituting the En- gineer Corps of the Navy be, and are hereby, trans- ferred to the line of the Navy, and shall be commis- sioned accordingly. (March 3, 1899, c. 413, § 1, 30 Stat. 1004.) § 2477. Same; rank in line of officers trans- ferred; graduates of Naval Academy—Engineer of ficers holding the relative rank of Captain, Comman- der, and lieutenant-commander shall take rank in the line of the Navy according to the dates at Which they attained such relative rank. Engineer officers grad- uated from the Naval Academy from eighteen hun- dred and sixty-eight to eighteen hundred and SeVenty- six, both years inclusive, shall take rank in the line next after officers in the line who graduated from the Naval Academy in the same year with them: Pro- vided, That when the date of a line officer’s commis- SiOn as Captain, Commander, or lieutenant-Commander and the date when the engineer officer attained the same relative rank of captain, commander, or lieu- tenant-Commander are the same, the engineer officer shall take rank after such line officer. (March 3, 1899, c. 413, § 2, 30 Stat. 1005.) § 2478. Same; rank in line of officers trans- ferred; graduates of Naval Academy; officers ap- pointed from civil life—Engineer Officers Who COin- pleted their Naval Academy course of four years from eighteen hundred and seventy-eight to eighteen hun- dred and eighty, both inclusive, shall take rank in the line as determined by the Academic Board under the Department’s instructions of December first, eight- een hundred and ninety-seven; and engineer officers who completed their Naval Academy course of four years in eighteen hundred and eighty-One and eighteen hundred and eighty-two shall take rank in the line as determined by the merit roll of graduating classes at the conclusion of the six years' Course, June, eighteen hundred and eighty-three and eighteen hundred and eighty-four: Providedl, That those engineer officers who were appointed from civil life, and whose status is not fixed by Section two of this Act, shall take rank with other line officers according to the dates of their first commissions, respectively: And provided fur- ther, That the engineer Officers who completed their Naval Academy course of four years in eighteen hun- dred and eighty-One and eighteen hundred and eighty- two shall retain among themselves the same relative standing as shown on the Navy Register at the date Of the passage of this Act. (March 3, 1899, c. 413, § 3, 30 Stat. 1005.) § 2479. Same; duties of officers transferred; officers below rank of commander—Engineer Offi- cers transferred to the line who are below the rank, of commander, and extending down to, but not includ- ing, the first engineer who entered the Naval Academy as Cadet midshipman, shall perform Sea Or shore duty, and such duty shall be such as is performed by engi- neers in the Navy: Provided, That any officer de- scribed in this section may, upon his own application, made within six months after the passage of this Act, be assigned to the general duties of the line, if he pass the examination now provided by law as pre- liminary to promotion to the grade he then holds, fail- ure to pass not to displace Such officer from the list of Officers for sea or shore duty such as is performed by engineers in the Navy. (March 3, 1899, c. 413, § 4, 30 Stat. 1005.) § 2480. śame; duties of officers transferred— Engineer officers transferred to the line to perform engineer duty Only who rank as, or above, commander, or who subsequently attain such rank, shall perform shore duty only. (March 3, 1899, c. 413, § 5, 30 Stat. 1005.) - § 2481. Saxxse; duties of other engineer offi- cers; examinations—All engineer officers not provid- ed for in Sections four and five transferred to the line shall perform the duties now performed by line of ficers of the same grade: Provided, That after a pe- riod of two years subsequent to the passage of this Act they shall be required to pass the examinations now provided by law as preliminary to promotion to the grade they then hold, and subject to existing law governing examinations for promotion. (March 3, 1899, c. 413, § 6, 30 Stat. 1005.) - § 2482. Same; number on active list—The ac- tive list of the line of the Navy, as constituted by sec- tion one of this Act, shall be composed of eighteen rear-admirals, seventy captains, one hundred and twelve commanders, one hundred and seventy lieuten- ant-Commanders, three hundred lieutenants, and not more than a total of three hundred and fifty lieuten- Ch. 1) § 2488c THE NAVY IPage 331] ants (junior grade) and ensigns: * * And provided further, That nothing contained in this section shall be construed to prevent the retirement of officers who now have the rank or relative rank of Commodore with the rank and pay of that grade: * * , Neither shall this Act be construed as changing the titles of officers in the staff corps of the Navy. * * (March 3, 1899, c. 413, § 7, 30 Stat. 1005.) § 2482a. Officers assigned to exagineering duty only—Officers Of the line Of the Navy not below the grade of lieutenant may, upon application, and With the approval of the Secretary of the Navy, be assign- ed to engineering duty only, and that when so assign- ed and until they reach the grade of Commander, they shall perform duty as prescribed in section four of the Personal Act approved March third, eighteen hun- dred and ninety-nine, and thereafter shore duty Only as now prescribed for officers transferred to the line from the former engineer corps, except that Com- manders may be assigned to duty as fleet and Squad- ron engineers: Provided, That when so assigned they shall retain their place with respect to other line of— ficers in the grades they now or may hereafter occupy, and also the right to succession to command on shore in accordance with their seniority, and shall be pro- Imoted as Vacancies occur subject to physical exam- ination and to such examination in engineering as the Secretary of the Navy may prescribe: Provided further, That the number of Officers so assigned in any One year shall be in a CCOrdance with the require- ments of the service as determined by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 580.) § 2482b. Acting ensigns for engineering duty —The Secretary of the Navy is hereby authorized to appoint annually in the line of the Navy for a pe- riod of ten years following the passage of this Act, in the Order of merit determined by such competitive examination as he may prescribe, thirty acting en- Signs for the performance of engineering duties only. Persons so appointed must have received a degree of mechanical or electrical engineer from a college or university of high standing or be graduates of tech- nical Schools approved by the Secretary of the Navy, must have been found physically qualified by a board of medical officers of the Navy for the performance of the duties required, and must at the time of appoint- ment be not less than twenty nor more than twenty- six years of age. Such appointments shall be for a probationary period of three years, and may be re- Voked at any time by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 580.) § 2482c. Same; promotion—Such acting ensigns shall, upon the Completion of the probationary period of three years, of which two years shall have been Spent On board Cruising vessels and One year pursu- ing a course of instruction at the Naval Academy pre- scribed by the Secretary of the Navy, be commission- ed in the grade of lieutenant of the junior grade after satisfactorily passing such examination as may be prescribed by the Secretary of the Navy, and having been recommended for promotion by the examining board and found physically qualified by a board of medical officers of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 580.) § 2482d. Same; duties of lieutenant, juxlior grade; advancement—Such Officers shall thereafter be required to perform engineering duties only, and shall be eligible for advancement to the higher grades in the manner herein provided for line officers assign- ed to engineering duty Only. (Aug. 29, 1916, c. 417, 39 Stat. 580.) - § 2.483. Numbers in grades of active list—The grades of the active list of the Navy hereinafter des- ignated shall be so increased that there shall be thir- ty additional lieutenant-commanders, in all two huri- dred ; fifty additional lieutenants, in all three hun- dred and fifty; such total numbers of lieutenants (ju- nior grade) and ensigns as may qualify for said grades under existing law and the provisions of this COrps, and shall not be varied between Such dates. Act ; thirty additional surgeons with the rank Of lieutenant-Commander, in all eighty-five; One hun- dred and twenty additional passed assistant and a S- sistant Surgeons, with the rank, respectively, of lieu- tenant and lieutenant (junior grade), in all two hun- dred and thirty ; two additional pay inspectors, in all fifteen; thirty-six additional paymasters, in all Seventy-six ; twenty-six additional passed assistant and assistant paymasters, in all ninety-six; twenty- nine additional naval COnstructOrS and assistant na- Val ConstructorS, in all Seventy-five; One additional civil engineer, in all twenty-eight; and twelve as- Sistant civil engineers, of whom six shall have the rank of lieutenant (junior grade) and six the rank of ensign. (March 3, 1903, c. 1010, 32 Stat. 1197.) See §§ 2474, 2482, 2483a–2483n. § 2483a. Number of commissioned officers--- Hereafter the total number of Commissioned officers Of the active list of the line of the Navy, exclusive of Commissioned warrant officers, shall be four per cen- tum Of the total authorized enlisted strength of the active list, exclusive of the Hospital Corps, prisoners undergoing Sentence of discharge, enlisted men de- tailed for duty with the Naval Militia, and the Fly- ing Corps: Provided, That the total number of com- missioned line officers on the active list at any one time, exclusive of commissioned warrant officers, shall be distributed in the proportion of one of the grade of rear admiral to four in the grade of captain, to Seven in the grade of commander, to fourteen in the grade Of lieutenant commander, to thirty-two and One-half in the grade of lieutenant, to forty-One and One-half in the grades of lieutenant (junior grade) and ensign, inclusive: Provided further, That lieu- tenants (junior grade) shall have had not less than three years’ service in that grade before being eligible for promotion to the grade of lieutenant. (Aug. 29, 1916, c. 417, 39 Stat. 576.) See §§ 2474, 2482, 2483, 2483b-2483n. § 2.483%. Number of commissioned officers of staff corps—The total authorized number of commis- Sioned officers of the active list of the following staff exclusive of commissioned warrant officers, shall be based on percentages of the total number of COImmissioned Officers Of the active list Of the line of the Navy as follows: - Pay Corps, twelve per centum ; Construction Corps, five per centum; Corps of Civil Engineers, two per Centum ; and that the total authorized number of Commissioned officers of the Medical Corps shall be Sixty-five One hundredths of One per centum of the total authorized number of the officers and enlisted men of the Navy and Marine Corps, including mid- shipmen, Hospital Corps, prisoners undergoing sen- tence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps. * * * JProvided further, That to determine the authorized number of officers in the various grades and ranks of the line and of the staff corps as herein provided, computations shall be made by the Secretary of the Navy semiannually, as of July first and January first of each year, and the resulting numbers in the vari- Ous grades and ranks, as SO COmputed, shall be held and considered for all purposes as the authorized number of officers in such various grades and ranks (Aug. 29, 1916, c. 417, 39 Stat. 576.) See § 2701a. § 2483e. Same; distribution to various grades of respective corps—The total number of Commis- Sioned officers of the active, list of the follow- ing mentioned staff corps at any One time, exclusive of commissioned warrant officers, shall be distributed in the various grades of the respective Corps as fol- IOWS : Medical Corps: One-half medical directors with the rank of rear admiral to four medical directOrS with the rank of captain, to eight medical inspectors With rank of commander, to eighty-seven and One-half in 3 2488c (Tit. 15 THE NAVY [Page 332] the grades below medical inspector: Provided, That hereafter appointees to the grade of assistant sur- geon Shall be between the ages of twenty-One and thirty-two at the time of appointment. Pay Corps: One-half pay directors with the rank Of rear admiral to four pay directors with the rank Of Captain, to eight pay inspectors with the rank of Commander, to eighty-Seven and One-half in the grades below pay inspector. . . . Construction Corps: One-half naval constructors With the rank of rear admiral to eight and one-half naval constructors with the rank of captain, to four- teen naval constructors with the rank of commander, to Seventy-Seven naval Constructors and assistant na- Val COnstructors with rank below COImmander: Pro- Vided, That vacancies in the Construction Corps shall be filled in the manner now prescribed by law, at such annual rate as the Secretary of the Navy may pre- scribe: Provided further, That hereafter ensigns of not less than one year’s service as such shall be eligi- ble for transfer to the Construction Corps. Corps of Civil Engineers: One-half civil engineers with the rank of rear admiral to five and one-half Civil engineers with the rank of Captain, to fourteen civil engineers with the rank of commander, to eighty Civil engineers and assistant civil engineers with the rank below commander. (Aug. 29, 1916, c. 417, 39 Stat. 577.) § 2483d. Odd number of rear admirals—When there is an odd number of officers in the grade or rank of rear admiral in the line or in each corps, the lower division thereof shall include the excess in num- ber, except where there is but one. (Aug. 29, 1916, c. 417, 39 Stat. 577.) - º . . - § 2483e. Final fraction in number of corps, grade or rank—Whenever a final fraction occurs in computing the authorized number of any corps, grade Or rank in the naval service, the nearest whole num- ber shall be regarded as the authorized number: Pro- vided, That at least one officer shall be allowed in each grade or rank. (Aug. 29, 1916, c. 417, 39 Stat. 577.) - - . -- § 2483f. Detery mining number of officers in line or staff—For the purpose of determining the authorized number of officers in any grade or rank of the line Or Of the staff Corps, there shall be excluded from consideration those officers carried by law as additional numbers, including staff officers heretofore permanently Commissioned with the rank of rear ad- miral, and nothing contained herein shall be held to reduce below that heretofore authorized by law the number of officers in any grade or rank in the Staff corps. (Aug. 29, 1916, c. 417, 39 Stat. 577.) § 24832. Temporary additional officers in Navy and Marine Corps; number—Additional com- missioned officers in the Navy and Marine Corps, bas- ed upon the temporary increases herein authorized in the number of enlisted men, shall be temporarily ap- pointed by the President, in his discretion, with the advice and consent of the Senate, not above the grades and ranks of lieutenant in the line and staff of the Navy and major in the Marine Corps, the distribu- tion in said grades and ranks to be made in accord- ance with the provisions of the Act of August twenty- ninth, nineteen hundred and sixteen: Provided, That all temporary Original appointments shall be made in the lowest Commissioned grades Of the line and staff of the Navy and Marine Corps, exclusive of Commissioned Warrant Officers, and that there shall be no permanent or temporary appointments in or permanent or temporary promotions to any grade or rank above that of lieutenant in the Navy Or major in the Marine Corps by reason of the temporary ap- pointment of Officers authorized by this Act in excess of the total number of officers authorized by existing law or on account of the increase of enlisted men herein authorized: Provided further, That, during the period of the present war, the deficiency existing prior to the passage of this Act in the total number of commissioned officers of the Navy and Marine Corps authorized by the Act of August twenty-ninth, nine- teen hundred and -sixteen, may also be supplied by temporary appointments in the lowest grades and by temporary promotions to all other grades until a Sufficient number of officers shall be available for regular appointment or promotion in accordance with existing law: Provided further, That nothing herein shall be held or construed to limit or abridge the use Or service of the officers of the Navy and Marine Corps On the retired list or of the officers Of the Naval Militia and National Naval Volunteers, Naval Re- serve Force and Marine Corps Reserve, as provided and authorized under existing law. (May 22, 1917, c. 20, § 4, 40 Stat. 85.) * , § 2483H. Same; temporary advancement and texmporary appointments—The additional temporary Officers authorized in the various grades and ranks of the Navy and Marine Corps in accordance with the next preceding Section may be temporarily ap- pointed to serve in the grades or ranks to which ap- pointed Or promoted by the temporary advancement Of Officers holding permanent and probationary com- Imissions, by temporary appointment of commissioned Warrant officers, warrant officers, and enlisted men of the Navy, and warrant officers, noncommissioned offi. Cers, and clerks to assistant paymasters of the Ma- rine Corps, commissioned and warrant officers of the United States Coast Guard, citizens of the United States who have had previous naval or military serv. ice or training, and other citizens of the United States specially qualified: Provided, That in making appointments authorized herein the maximum age limit shall be fifty years for commissioned warrant Officers, Warrant officers, and enlisted men to ensign, enlisted men of the Navy to warrant rank, candi- dates for assistant surgeon, noncommissioned officers Of the Marine Corps to commissioned rank, members of the Marine Corps branch of the Naval Militia and National Naval Volunteers, Marine Corps Reserve, and civilians specially qualified to commissioned rank, and Warrant Officers Of the active list Of the Marine Corps appointed to commissioned rank, and tempo- rary Chaplains and temporary acting chaplains: Pro- vided further, That graduates of the Naval Academy and Warrant officers duly commissioned in the Navy or Marine Corps in accordance with existing law Shall not, by virtue of this Act, be required to receive temporary appointments; and the class of midship- men graduated from the Naval Academy on March twenty-ninth, nineteen hundred and seventeen, and the classes to be graduated hereafter, may be com- missioned effective from date of graduation. (May 22, 1917, c. 20, § 5, 40 Stat. 85.) . . § 2483i. Same; temporary promotion of lieu- tenants arid ensigns—-Lieutenants (junior grade) and enSigns may be considered eligible for temporary pro- motions to the grades of lieutenant and lieutenant (junior grade), respectively, without regard to length of service in grade. (May 22, 1917, c. 20, § 5, 40 Stat. 86.) * § 2.483.j. Same; temporary advancements or promotions Ilot to prejudice permanent and pro- bationary commissions—The permanent and proba- tionary COmmissions, appointments, and warrants of Officers shall not be vacated by reason of their tem- porary advancement or appointment, nor shall said Officers be prejudiced in their relative lineal rank in Tegard to promotion in a CCOrdance with the Act Of August twenty-ninth, nineteen hundred and sixteen : Provided, That the rights, benefits, privileges, and gratuities of all enlisted men of the Navy, and Ma- rine Corps now authorized by law shall not be lost Or abridged in any respect whatever by their acceptance of temporary Commissions or warrants hereunder: Provided further, That no person who shall receive a temporary appointment shall be entitled to pay or al- lowances except under such temporary appointment: And provided further, That upon the termination of Ch. 1) 3.2495 TEIE NAVY authorized by this Act the Officers So advanced, in- cluding probationary second lieutenants, Warrant Offi- cers, clerks to assistant paymasters, and enlisted men of the Navy and Marine Corps, COmmissioned and warrant officers of the United States Coast Guard, shall revert to the grade, rank, or rating from which temporarily advanced, unless such officers Or enlisted men in the meantime, in accordance With law, be- come entitled to promotion to a higher grade Or rank in the permanent Navy or Marine Corps, in which case they shall revert to said higher grade or rank and shall, after passing the prescribed examinations, be commissioned accordingly. (May 22, 1917, c. 20, § 7, 40 Stat. 86.) * , - § 2483]+. Same; time of continuance-All tem- porary appointments or advancements authorized by this Act shall continue in force only until OtherWise directed by the President or until Congress shall amend or repeal the authorization for the increases herein provided and not later than six months after the termination of the present War. c. 20, § 8, 40 Stat. 86.) § 24837. Same; retired rank of officers tempo- rarily advanced—Any officer of the permanent Navy or Marine Corps, temporarily advanced in grade or || rank in accordance with the provisions of this Act, who shall be retired from active service under his permanent Commission while holding such temporary rank, except for physical disability incurred in line of duty, shall be placed on the retired list with the grade or rank to which his position in the permanent Navy or Marine Corps at the date of his retirement would entitle him, and any person Originally appoint- ed temporarily, as provided in this Act, shall not be entitled to any rights of retirement, except for physi-. cal disability incurred in line of duty. (May 22, 1917, c. 20, § 9, 40 Stat. 86.) - § 24.83m. Same; how made—The temporary ap- pointments and promotions herein authorized shall be made by the President, with the advice and consent of the Senate. (May 22, 1917, c. 20, § 12, 40 Stat. 87.) § 2483rm. Same; Act not to reduce rank—Noth- ing contained in this Act shall operate to reduce the rank, pay, or allowances that would have been received by any person in the Navy, Marine Corps, or Coast Guard except for the passage of this Act. (May 22, 1917, c. 20, § 13, 40 Stat. 87.) - § 2484. Promotions and appointments to fill vacancies—The increase in the grades of lieutenant- commander and lieutenant provided for in this Act shall be filled by promotion each year of not exceeding twenty-five per Centum of the total number of the increase in each of said grades; and not more than twenty-five assistant Surgeons, not more than twenty assistant paymasters, nor more than five assistant na- Val COnstructors, nor more than three assistant Civil engineers, in addition to those necessary to fill vacan- Cies in said grades, shall be appointed in any one cal- endar year. (March 3, 1903, c. 1010, 32 Stat. 1197.) § 2485. Officers advanced in rank as extra, numbers—Nothing contained in this Act shall affect the Officers of the Navy who may have been or may hereafter be advanced in rank under existing provi- visions Of law by which they become extra numbers in their respective grades, or Operate to vacate the Com- mission of any officer now in the Service. (March 3, 1903, c. 1010, 32 Stat. 1198.) - § 2486. Officers performing engineering duty on shore additional numbers in their grades- Officers On the active list of the line Of the United States Navy who, under authority of law, now per- form engineering duty on shore only are hereby made additional to the numbers in the grades in which they are now serving, and shall be carried as addition- al to the numbers of each grade to which they may hereafter be promoted: Provided, That said officers Shall be entitled to all the benefits of retirement under existing or future laws equally with other officers of HPage 333] temporary appointments in a higher grade Or rank as (May 22, 1917, like rank and Service. 1267.) . . § 2487. Selection of rear-admirals during war—During war rear-admirals shall be selected from those officers on the active list, not below the grade of commanders, who shall have eminently distin- guished themselves by courage, skill, and genius in their profession; but no officer shall be so promoted, under this provision, unless, upon recommendation of the President by name, he has received the thanks of Congress for distinguished service. (R. S. § 1365.) See §§ 2697a-2697 h. - - § 2488. [Superseded.] - This section (R. S. § 1366), relating to filling vacancies in the grade of rear admiral in time of peace, was super- seded by §§ 2482, 2697a-2697.h. — - -- § 2489. Seeretaries to Admiral and Vice-Ad- miral—The Admiral and Vice-Admiral shall each be allowed a secretary, who shall be entitled to the rank (March 4, 1911, c. 239, 36 Stat. and allowances of a lieutenant in the Navy. (R. S. § 1367.) • - . Pay of secretaries, see § 2816. . § 2490. Detail of officers as secretaries and clerks—On and after the first day of July, eighteen hundred and seventy-eight, there shall be no ap- pointments made from civil life of secretaries or clerks to the Admiral, or Vice-Admiral, when on sea service, commanders of squadrons, or of clerks to COmmanders Of Vessels; and an Officer not above the grade of lieutenant shall be detailed to perforum the duties of secretary to the Admiral or Vice-Ad- miral, when on sea service, and One not above the grade of master to perform the duties of clerk to a rear-admiral Or commander, and One not above the grade of ensign to perform the duties of Clerk to a Captain, Commander, or lieutenant-commander when afloat. (May 4, 1878, c. 91, § 1, 20 Stat. 50.) t (R. S. § 1368. Superseded.) - This section prescribed composition of active list of the Medical Corps. Superseded by §§ 2485, 2491, 2492. • ? § 2491. Medical Corps; number on active list—The active-list of the medical corps of the Navy shall hereafter consist Of fifteen medical directors, fifteen medical inspectors, [fifty] Surgeons, and [nine- ty] assistant and passed assistant surgeons. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 285.) - Text in brackets superseded by subsequent provisions. See §§ 2483, 2483b-2483f, 2492, 2492a, 2492b, 2495. § 2492. Sarne; number on active iist—The ac- tive list of surgeons shall hereafter consist of [fifty- five], and that of passed assistant and assistant sur- geons of [one hundred and ten]. (June 7, 1900, c. 859, 31 Stat. 697.) . - - Text in brackets superseded. See § 2491 and note. § 2492a. Same; increase in number—That the following increase in the United States Navy be, and the same is hereby, authorized : One surgeon, two passed assistant surgeons, five hospital stewards, and ten hospital apprentices, first class. (June 12, 1916, c. 140, § 4, 39 Stat. 224.) See § 2491 and note. § 2492b. Same; increase in number–Hereafter the authorized number of Surgeons in the United States Navy be, and it is hereby, increased by One. (Aug. 29, 1916, c. 417, 39 Stat. 581.) See § 2491 and note. § 2493. Same; appointments; how made—All appointments in the Medical Corps shall be made by the President, by and with the advice and Consent of the Senate. (R. S. § 1369.) - - § 2.494. Same; appointment of assistant sur- geons—No person shall be appointed assistant Sur- geon until he has been examined and approved by a board Of naval Surgeons, designated by the Secre- tary of the Navy, nor who is under twenty-one or over thirty years of age, inclusive. (R. S. § 1370, amended, May 4, 1898, c. 234, § 1, 30 Stat. 380.) § 2495. Same; appointment of acting assist- ant surgeons—The President is hereby authorized to appoint for temporary seryice twenty-five acting as Sistant Surgeons, Who shall have the relative rank ź 2496 THE NAVY (Tit. 15 -- HPage 334] and compensation of assistant surgeons. (May 4, admission to the Medical Corps of the Navy. (Aug. 1898, c. 234, § 1, 30 Stat. 380.) - § 2496. Same; appointment of passed assist- ant surgeons—Assistant surgeons of three years' Service, who have been found qualified for promotion by a medical board of examiners, shall have the pay Of past assistant surgeons, as now provided ; and passed assistant surgeons shall have the relative rank of lieutenant or master. (March 3, 1871, c. 117, § 5, 16 Stat. 535.) - . See §§ 2511d, 2816. . (R. S. § 1371. Superseded.) This section related to the appointment of surgeons. Superseded by § 2497. - - § 2497. Same; commissions to passed assist- ant surgeons—Passed assistant surgeons now borne upon the Navy Register shall be commissioned as such by the President, such commissions to bear the dates upon which said passed assistant surgeons, respec- tively, received their appointments as such ; and hereafter assistant surgeons shall be regularly pro- moted and commissioned as passed assistant surgeons, and passed assistant surgeons as surgeons, subject to such examinations as may be prescribed by the sº of the Navy. (Feb. 13, 1897, c. 221, 29 Stat. § 2498. Same; rank of assistant surgeons in case of delayed examination—When any assist- ant Surgeon was absent from the United States, on duty, at the time when others of his date were ex- amined, he shall, if not rejected at a subsequent ex- amination, be entitled to the same rank with them ; and if, from any cause, his relative rank cannot be as- Signed to him, he shall retain his original position on the register. (R. S. § 1372.) § 2498a. Hereafter the Secretary of the Navy be, and he is hereby, authorized to detail one or more officers of the Medical Corps of the United States Navy for du- ty With the Military Relief Division of the American National Red Cross. (Aug. 29, 1916, c. 417, 39 Stat. 581.) . See § 7706. - § 2499. IMedical Reserve Corps; part of Medi- cal Department—A Medical Reserve Corps, to be a Constituent part of the Medical Department of the Navy, is hereby established under the same provi- SiOnS, in all respects (except as may be necessary to adapt the said provisions to the Navy), as those pro- Viding a Medical Reserve Corps for the Army, and as Set forth in the Act to increase the efficiency of the Medical Department of the United States Army, ap- Droved April twenty-third, nineteen hundred and eight. (Aug. 22, 1912, c. 335, 37 Stat. 344.) See §§ 1816–1818. - $ 2500. Dental Corps; part of Medical De- partment—The appointment of not more than thirty assistant dental surgeons be, and the same is hereby, authorized, said assistant dental surgeons to be a part Of the Medical Department of the United States Navy, to serve professionally the personnel of the Inaval Service, and to perform such other duties as may be prescribed by competent authority. (Aug. 22, 1912, c. 335, 37 Stat. 344.) See §§ 2511a–25.11d. $ 2501. Same; acting assistant surgeons; etc. —All Original appointments herein authorized shall be made by the Secretary of the Navy in the grade of acting assistant dental surgeon, and all appointees to Such grade shall be citizens of the United States, be- tween twenty-four and thirty-two years of age, and Shall be graduates of standard medical or dental col- leges trained in the several branches of dentistry, of good moral character, of unquestionable professional repute, and before appointment shall pass satisfac- tory physical and professional examinations, including tests of Skill in practical dentistry, of proficiency in the Several usual subjects in a standard dental col- lege Course, and in such other subjects of general edu- Cation as are now or may hereafter be required for Same; officers detailed to red cross— 22, 1912, c. 335, 37 Stat. 344.) $ 2502. Same; acting assistants as assistant surgeons–At the end of three years from the passage Of this Act all acting assistant dental surgeons who have had two or more years’ service under their orig- inal appointment, as herein provided, shall undergo Such physical and competitive professional examina- tions as the Secretary of the Navy may prescribe to Četermine their fitness to receive commissions in the Navy, and if found qualified they shall be appointed assistant dental surgeons, with the rank of lieutenant (junior grade), in the order of standing as determined by the professional examinations provided for in this Act. (Aug. 22, 1912, c. 335, 37 Stat. 344.) * § 2503. Same; acting assistants as assist- ant surgeons; probationary period—After the COm- petitive examinations provided for in section three of this Act have been held, acting assistant dental Surgeons thereafter appointed shall serve a proba- tionary period of three years, and upon the completion Of such period shall undergo such examinations as the Secretary of the Navy may prescribe to determine their fitness to receive Commissions in the Navy, and, if found qualified, they shall be appointed assistant dental surgeons, with the rank of lieutenant (junior grade). (Aug. 22, 1912, c. 335, 37 Stat. 344.) § 2504. Same; discharge of acting assistant surgeon on failure on examination; revocation of appointment of acting dental surgeon—If any act- ing assistant dental surgeon shall fail upon the exami- nations prescribed in this Act he shall be honorably discharged from the naval service, and the appoint- ment of an acting dental surgeon may be revoked at any time in the discretion of the Secretary of the Navy. (Aug. 22, 1912, c. 335, 37 Stat. 345.) § 2505. Same; rank and precedence—All ap- pointees authorized by this Act shall take rank and precedence in the Same manner in all respects as in the Case of appointees to the Medical Corps Of the Navy, and shall not exercise command Over persons in the Navy Other than dental Surgeons and such enlisted men as may be detailed to assist them by COmpetent authority. (Aug. 22, 1912, c. 335, 37 Stat. 345.) § 2506. Same; pay and allowances—All Officers of the dental corps authorized by this Act shall re- ceive the same pay and allowances as officers of Cor- responding rank and length of service in the Medical Corps of the Navy. (Aug. 22, 1912, c. 335, 37 Stat. 345.) - § 2507. Same; retirement—All officers of the dental Corps authorized by this Act shall be eligible to retirement in the same manner and under the Same conditions as Officers of the Medical Corps of the Navy: Provided, That section fourteen hundred and forty-five of the Revised Statutes Of the United States shall not be applicable to the Officers herein authorized: And provided further, That the dentist now employed at the Naval Academy shall not be displaced by the Operation of this Act and he shall have the same of ficial status, pay, and allowances as may be provided for the senior dental surgeon at the Military Academy. (Aug. 22, 1912, c. 335, 37 Stat. 345.) § 2508. Same; acting surgeons for temporary service; total strength of corps—The Secretary of the Navy is hereby authorized to appoint, for tempo- rary service, suitably qualified acting dental Surgeons when necessary to the health and efficiency of the personnel of the Naval Service: Provided, That the total strength of the dental corps, including those ap- pointed for temporary service under this Act, shall not exceed the proportion of One to each thousand of the authorized enlisted strength of the Navy and Marine Corps: Provided further, That appointments issued under authority of this Act may be revoked at any time, shall have no legal force or effect except for the time the temporary appointee is in active service, and shall include no right of retirement. (Aug. 22, 1912, c. 335, 37 Stat. 345.) - Ch. 1) # 2512 THE NAVY [Page 335] § 2509. Same; appointments Thy President— All appointments authorized by this Act, except the appointment of acting dental surgeons, shall be made by the President, by and with the advice and consent of the Senate. (Aug. 22, 1912, c. 335, 37 Stat. 345.) § 2510. Medical Reserve Corps and Dental Corps; qualifications—That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed: Provided, That the tests of qualifications for appointment to the Said reserve corps and to the dental corps may be varied to suit the subjects of such branch of the healing art Or Specialty of Surgery of which specialists may be re- quired and in the discretion of the Secretary of the Navy such specialists may be grouped separately: Provided further, That of the dental surgeons hereby authorized to be appointed to said Medical Reserve Corps and to the said Dental Corps, the whole number ordered to active duty shall not exceed the number the Secretary of the Navy may deem actually neces- sary to the health and efficiency of the personnel Of the Navy and Marine Corps and, in time of peace, the number shall not exceed the proportion of One dental officer to one thousand of said personnel. (Aug. 22, 1912, c. 335, 37 Stat. 345.) - - See § 2512. § 2511. Dental Corps; surgeon at Naval Acad- erny–The President is hereby authorized, by and with the advice and consent of the Senate, to appoint the dentist now at the United States Naval Academy a dental surgeon in the Navy for duty at the United States Naval Academy, to have the corresponding rank, pay, and allowances as the senior dental Sur- geon now at the United States Military Academy: And provided further, That he shall not be eligible for retirement before he has reached the age Of Sev- enty years except for physical disability incurred in the line of duty. (March 4, 1913, c. 148, 37 Stat. 891.) See §§ 2500–2509. § 251 ia. Sanae; surgeons; appointment; rank —The President of the United States is hereby author- ized to appoint and commission, by and with the ad- vice and consent of the Senate, dental surgeons in the Navy at the rate of One for each. One thousand Of the authorized enlisted strength of the Navy and Marine Corps, who shall constitute the Naval Dental Corps, and shall be a part of the Medical Department of the Navy. Original appointments to the Naval Dental Corps shall be probationary for a period of two years and may be revoked at any time during the probation- ary period by the President: Provided, That the rank of Such Officers Of the same date Of appointment among themselves at the end of said probationary period shall be determined by the recommendations of an exam- ining board appointed by the Secretary of the Navy, which board shall conduct a competitive examination, based upon both service record and professional attain- ments, in accordance with Such regulations as may be prescribed by the Secretary of the Navy, and the rank of such officers so determined shall be as of date of original appointment with reference to other appointments to the naval service: Provided further, That all appointees to the grade of dental surgeon shall be citizens Of the United States between twenty- four and thirty years of age, and shall be graduates of standard medical or dental Colleges and trained in the several branches of dentistry, and who shall, be- fore appointment, have successfully passed moral, physical, and professional examinations before medical and professional examining boards appointed by the Secretary of the Navy, and have been recommended for appointment by Such boards. (Aug. 29, 1916, c. 4.17, 39 Stat. 573.) See § 2668. - - § 251 lb. Same; surgeons’ rank, pay and al- lowances; examinations—Dental surgeons shall have the rank, pay, and allowances of lieutenants (junior grade) until they shall have completed five years' service. Dental surgeons of more than five but less than twenty years' service shall, subject to such examinations as the Secretary of the Navy may prescribe, have the rank, pay, and allowances of lieu. tenant. Dental surgeons of more than twenty years’ service shall, subject to such examinations as the Sec- retary of the Navy may prescribe, offave the rank, pay, and allowances of lieutenant commander: Provided, That the total number of dental surgeons with the rank, pay, and allowances of lieutenant commander shall not at any time exceed ten. 4.17, 39 Stat. 574.) - § 251 le. Šame; officer's appointed under Act, Aug. 22, 1912, and Act March 14, 1913—All Of- ficers now in the Dental Corps (including the officers appointed for temporary service) appointed under the provisions of the Act of August twenty-Second, nine- teen hundred and twelve, entitled “An Act making ap- propriations for the Naval Service for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes,” and all officers now in ac- tive service appointed under the provisions Of the Act of March fourth, nineteen hundred and thirteen, who were eligible for appointment to the Dental Corps un- der the provisions of said Act, shall be appointed den- tal surgeons in the Dental Corps without further ex- amination and without regard to the age qualifica- tions herein prescribed: Provided, That the officers so appointed shall not be subject to the provisions herein prescribed for probationary service for a pe- riod of two years: Provided further, That such offi- cers shall, after appointment as herein prescribed, rank from date of commission and take seniority among themselves in the order of their original ap- pointment by the Secretary of the Navy as shown on the Navy list on the date of approval of this Act: And provided further, That no dental surgeon ap- pointed in accordance with the provisions of this Act who on original appointment to the Dental Corps was Over forty years of age shall be eligible for retirement before he has reached the age of seventy years, ex- cept for physical disability incurred in the line of du- ty. (Aug. 29, 1916, c. 417, 39 Stat. 574.) - See §§ 2499-2510, 2511, 2512. - § 2511d. Same; surgeons losing numbers on navy list—Dental surgeons who shall have lost num- bers on the Navy list by sentence of court-martial or by failure upon examination for promotion shall be considered to have lost service accordingly for pur- poses of advancement in rank with increased pay and allowances. (Aug. 29, 1916, c. 417, 39 Stat. 574.) See §§ 2496, 2497. § 2512. Navy Dental Reserve Corps; appoint- ment; temporary active service—[A Navy Dental Reserve Corps is hereby authorized to be organized and Operated under the provisions Of the Act approV- ed August twenty-second, nineteen hundred and twelve, providing for the organization and operation of a Navy Medical Reserve Corps, and differing there- from in no respect Other than that the qualification requirements of the appointees shall be dental Sur- geons and graduates Of reputable Schools Of medicine Or dentistry instead Of “graduates Of reputable Schools of medicine,” and so many of said appointees may be Ordered to temporary active service as the Secretary of the Navy may deem necessary to the health and efficiency of the personnel of the Navy and Marine Corps, providing the whole number of both regular Corps and reserve COrps dental surgeons in active service shall not exceed, in time of peace, one to each one thousand five hundred of the said person- nel,] and no dental surgeon shall render Service other than temporary service until his appointment shall have been confirmed by the Senate: Provided fur- ther, That Dental Corps officers of permanent tenure shall be appointed from the Dental Reserve Corps membership in accordance with the said provisions of the said Act, and all Such appointees shall be citizens of the United States between twenty-two and thirty years of age, of good moral Character, of unquestion- able professional repute, and before appointment shałl (Aug. 29, 1916, c. & 2512 (Tit. 15 THE NAVY . IPage 336] pass satisfactory physical and professional examina- tions, and when appointed shall take rank and preced- ence in the same manner in all respects as in the case of appointees to the Medical Corps of the Navy and shall receive Corrésponding pay and allowances and, when they reach the age of sixty-four years, be en- titled to retired pay. (March 4, 1913, c. 148, 37 Stat. 're in brackets superseded by § 2512a. § 251.2a. Same; organization—A Navy Dental Reserve Corps is hereby authorized to be organized and operated under the provisions of the Act approv- ed August twenty-second, nineteen hundred and twelve, providing for the organization and operation of a Navy Medical Reserve Corps and differing there- from in no respect, other than that the qualification requirements of the appointees shall be dental sur- geons and graduates of reputable schools of medicine or dentistry instead of “reputable schools of medi- Cine,” and so many of said appointees may be ordered to temporary active service as the Secretary of the Navy may deem necessary to the health and efficiency of the personnel of the Navy and Marine Corps, pro- vided the whole number of both Naval Dental Corps and Naval Dental Reserve Corps officers in active Service shall not exceed in time of peace one to one thousand of the officers and enlisted men of the Navy and Marine Corps: Provided, That all officers now in the Navy Dental Reserve Corps shall be recommis- sioned in the Navy Dental Reserve Corps provided in this Act, in the order of their original appointment in said Corps, and hereafter when Ordered to active duty officers of the Medical Reserve Corps and officers of the Dental Reserve Corps shall receive promotion in rank in the respective Reserve Corps under the same relative conditions and provisions of active service as is provided in this Act for the Naval Den- tal Corps. (Aug. 29, 1916, c. 417, 39 Stat. 574.) ; See §§ 2510, 2512. $ 2513. Hospital Corps; composition; phar- Imaeists; enlisted force—A hospital corps of the United States Navy is hereby established, [and shall consist of pharmacists hospital stewards, hospital ap- prentices (first class), and hospital apprentices;] and for this purpose the Secretary of the Navy is em- powered to appoint twenty-five pharmacists with the rank, pay, and privileges of warrant Officers, remova- ple in the discretion of the Secretary, and to enlist, or cause to be enlisted, as many hospital stewards, hos- pital apprentices (first class), and hospital appren- tices as in his judgment may be necessary, and to lim- it Or fix the number; and to make such regulations as may be required for their enlistment and govern- ment. Enlisted men in the Navy or the Marine Corps shall be eligible for transfer to the hospital corps, and vacancies occurring in the grade of pharmacist shall be filled by the Secretary of the Navy by selec- tion from those holding the rate of hospital steward. (June 17, 1898, c. 463, § 1, 30 Stat. 474) - - - See §§ 2555, 2556, 2816. § 2513a. Sarine; authorized strength; and ratings—Hereafter the authorized strength of the Hospital Corps of the Navy shall equal three and One-half per centum of the authorized enlisted strength of the Navy and Marine Corps, and shall be in addition thereto, and as soon as the necessary transferS or appointments may be effected the Hospi- tal Corps of the United States Navy shall consist of the following grades and ratings: Chief pharmacists, pharmacists, and enlisted men classified as Chief pharmacists’ mates; pharmacists’ mates, first class; pharmacists’ mates, second class; pharmacists’ Imates, third class; hospital apprentices, first class; and hospital apprentices, second class ; such clas- sifications in enlisted, ratings to correspond respec- tively to the enlisted ratings, seamen branch, of chief petty officers; petty Officers, first class; pet- ty Officers, second class ; petty Officers, third Class; Seamen, first class; and seamen, second class: Vided, That enlisted men of other ratings in the Navy grades Pro- c. 417, 39 Stat. 573.) and in the Marine Corps shall be eligible for transfer to the Hospital Corps, and men of that corps to other ratings in the Navy and the Marine Corps. (Aug. 29, 1916, c. 417, 39 Stat. 572.) - - § 2513b. same; pharmacists; appointment— The President may hereafter, from time to time, ap- point, as many pharmacists as may be deemed neces- Sary, from the rating of chief pharmacist’s mate, sub- ject to such moral, physical, and professional exami- nations and requirements as to length of service as the Secretary of the Navy may prescribe: Provided, That the pharmacists now in the Hospital Corps of the United Ståtes Navy or hereafter appointed there- in in accordance with the provisions of this Act shall have the same rank, pay, and allowances as are now Or may hereafter be allowed other warrant officers. (Aug. 29, 1916, c. 417, 39 Stat. 572.) § 2514. Same; pharmacists; promotion—Phar- macists shall, after six years from the date of war- rant, be commissioned chief pharmacists after pass- ing Satisfactorily such examinations as the Secretary of the Navy may prescribe, and shall, when so com- missioned, have the same rank, pay, and allowances as now Or may hereafter be allowed Other Commis- Sioned warrant officers: Provided, That the pharma- cists at present in the service who have served or may hereafter serve six or more years in that grade shall be eligible for promotion to the grade of chief phar- macist upon satisfactorily passing the examinations provided for in this Act. (Aug. 29, 1916, c. 417, 39 Stat. 573, superseding Aug. 22, 1912, c. 335.) § 2514a. Same; numbers in various ratings— The Secretary of the Navy is hereby empowered to limit and fix the numbers in the various ratings. (Aug. 29, 1916, c. 417, 39 Stat. 573.) § 2515. Same; duties; part of Medical De- partment—[All necessary hospital and ambulance Service at naval hospitals, naval stations, navy-yards, and marine barracks, and on vessels of the Navy, Coast Survey, and Fish Commission, shall be perform- ed by the members of said corps, and the corps shall be permanently attached to the Medical Department Of the Navy, and shall be included in the effective strength of the Navy and be counted as a part of the enlisted force provided by law, and shall be sub- ject to the laws and regulations for the government of the Navy. (June 17, 1898, c. 463, § 2, 30 Stat. 475.) Text in brackets superseded by § 2515a. . § 2515a. Same; hospital and ambulance serve- ice—Hospital and ambulance service with such COIm- mands and at such places as may be prescribed by the Secretary of the Navy, shall be performed by mem- bers of said Corps, and the corps shall be a constituent part of the Medical Department of the Navy ; and the enlisted men thereof shall be a part of the enlisted force provided by law for the Navy. (Aug. 29, 1916, § 2516. Same; pay of enlisted men—The Day, allowances, and emoluments of the enlisted men of the Hospital Corps shall be the same as are now, or may hereafter be, allowed for respective correspond- ing ratings, except the rating of turret captain of the first class in the seaman branch of the Navy: Provid- ed, That the pay of the rating of the chief pharma- Cist’s mate shall be the same as that now allowed for the existing rating of hospital steward. (Aug. 29, 1916, c. 417, 39 Stat. 573.) - See § 2517. -- § 2517. Same; benefits to warrant officers and enlisted men—All benefits derived from existing laws, or that may hereafter be allowed by law, to other warrant officers or enlisted men in the Navy shall be allowed in the same manner, to the Warrant OfficerS Or enlisted men in the hospital corps of the Navy. (June 17, 1898, c. 463, § 4, 30 Stat. 475.) § 2518. Nurse Corps; composition; appoint- ment—The nurse corps (female) of the United States Navy is hereby established, and shall consist of one Superintendent, to be appointed by the Secretary of Ch. 1) & 2584 THE NAVY [Page 337] the Navy, Who Shall be a graduate of a hospital train- ing School having a course of instruction of not less than two years, Whose term of office may be terminated at his discretion, and of as many chief nurses, nurses, and reserve nurses as may be needed: Provided, That all nurses in the nurse corps shall be appointed or re- moved by the Surgeon-General, with the approval of the Secretary of the Navy, and that they shall be graduates Of hospital training schools having a course of instruction not less than two years. The appoint- Iment Of Superintendent, chief nurses, nurses, and re- Serve nurses shall be subject to an examination as to their professional, moral, mental, and physical fitness, and that they shall be eligible for duty at naval hos- pitals and on board of hospital and ambulance ships and for such special duty as may be deemed necessary by the Surgeon-General of the Navy. Reserve nurses nay be assigned to active duty when the necessities Of the Service demand, and when on such duty shall receive the pay and allowances of nurses: Provided, That they shall receive no compensation except when On active duty. The superintendent, chief nurses, and Inurses shall respectively receive the same pay, al- lowances, emoluments, and privileges as are now or may hereafter be provided by or in pursuance of law for the nurse corps (female) of the Army. (May 13, 1908, c. 166, 35 Stat. 146.) See § 1832. - § 2519. Same; commutation of quarters—The Secretary of the Navy is authorized, in his discretion, to allow members of the Nurse Corps (female) of the navy fifteen dollars per month in lieu of quarters When government quarters are not available, and that the accounting officers of the Treasury are hereby au- thorized and directed to allow in the accounts of dis- bursing officers of the navy all payments heretofore Imade by them in accordance with Orders of the Sec- retary Of the Navy for commutation of quarters to members of the Nurse Corps (female) of the navy at the rate herein specified. (June 24, 1910, c. 378, 36 Stat. 606.) - § 25193. Same; commutation of quarters—Pay of the Navy: * * Members of Nurse Corps (female) Who shall hereafter be paid the same commutation as is or may be allowed members of the Nurse Corps of the Army. (June 15, 1917, c. 29, § 1, 40 Stat. 209.) § 2520. Surgeon of the fleet—The President may designate among the surgeons in the service, and ap- point to eVery fleet or Squadron an experienced and intelligent Surgeon, who shall be denominated “sur- geon Of the fleet,” and shall be Surgeon of the flag- ship. (R. S. § 1373.) t - § 2521. Same; duties—The surgeon of the fleet shall, in addition to his duties as surgeon of the flag- ship, examine and approve all requisitions for medical and hospital Stores for the squadron or fleet, and in- spect their quality. He shall, in difficult cases, con- sult with the surgeons of the several ships, and he shall make, and transmit to the Navy Department, records Of the character and treatment of diseases in the squadron or fleet. (R. S. § 1374.) (R. S. §§ 1376, 1377. Superseded.) R. S. § 1376, prescribed composition of active list of Pay Corps. R. S. § 1377, restricted promotions and appoint- ments in lower grades until number of passed assistant paymasters should be reduced below the number prescrib- ed. They were superseded by §§ 2483, 2499, 2522, 2523. which fixed the same numbers of pay directors and pay inspectors. - § 2.522. Pay Corps; number on active list—The active-list of the pay Corps of the Navy shall here- after consist of thirteen pay-directors, [thirteen] pay- inspectors, [forty] pay-masters, [twenty] passed assist- ant paymasters, and [ten] assistant paymasters. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 285.) Text in brackets superseded by §§ 2483, 2523, 2524. § 2523. Officers previously in the service not affected by act.—No officer now in the service shall be reduced in rank or deprived of his commission by COMP. S.T.’18–22 y prescribe. reason of any provision of this act reducing the num- ber of officers in the several staff corps. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 286.) : - § 2524. Pay Corps; active list of passed as- sistant and assistant paymasters—The active list of passed assistant and assistant paymasters of the Pay Corps shall hereafter consist of [thirty] and [forty], respectively. (March 3, 1899, c. 421, 30 Stat. 1038.) Text in brackets superseded by §§ 2483, 2525. § 2525. Same; active list of passed assistant and assistant paymasters; increase—The grades of the active list of the Pay Corps of the Navy are here- by increased by ten additional paymasters, in all eighty-six paymasters, and by twenty additional pass- ed assistant and assistant paymasters, in all one hun- dred and sixteen passed assistant and assistant pay- masters. Provided, That the total increase of the Pay Corps of the Navy shall not exceed twenty during the first fiscal year. (Aug. 22, 1912, c. 335, 37 Stat. 328.) § 2526. Sarne; appointments, how made—All appointments in the Pay Corps shall be made by the President, by and with the advice and consent of the Senate. (R. S. § 1378.) - § 2527. Same; qualifications of assistant pay- masters—No person shall be appointed assistant pay- Imaster Who is, at the time of such appointment, less than twenty-one or more than twenty-six years of age ; nor until his physical, mental, and moral quali- fications have been examined and approved by a board Of paymasters appointed by the Secretary of the Navy, and according to such regulations as he may (R. S. § 1379.). § 2528. Šamae; promotion—Passed assistant paymasters shall be regularly promoted and Commis- Sioned from assistant paymasters, and paymasters from passed assistant paymasters; subject to such examinations as may be prescribed by the Secretary of the Navy. (R. S. § 1380.) § 2529. Same; acting appointments at sea— When the Office of paymaster or assistant paymaster becomes Vacant, by death or otherwise, in ships at sea, Or on foreign stations, or on the Pacific coast of the United States, the senior officer present may make an acting appointment of any fit person, who shall per- form the duties thereof until another paymaster or assistant paymaster shall report for duty, and shall be entitled to receive the pay of such grade while so acting. (R.S. § 1381.) . § 2530. Same; paymaster of the fleet—The President may designate annong the paymasters in the Service, and appoint to every fleet or squadron a pay- master, who shall be denominated “paymaster of the fleet.” (R. S. § 1382.) § 2531. Same; pay officers; bornds—Every pay- master, passed assistant paymaster, and assistant pay- master shall, before entering on the duties of his of. fice, give bond, with two or more sufficient Sureties, to be approved by the Secretary of the Navy, for the faithful performance thereof. Paymasters shall give bonds in the sum of twenty-five thousand dollars, passed assistant paymasters in the sum of fifteen thousand dollars, and assistant paymasters in the sum of ten thousand dollars. (R. S. § 1383.) § 2532. Same; pay officers; new bonds—Offi- cers of the Pay Corps shall give new bonds with suffi- cient Sureties, whenever required to do SO by the Secretary of the Navy. (R. S. § 1384.) - § 2533. Same; pay officers; boxid not affected by new commission—The issuing of a new appoint- ment and Commission to any officer of the Pay Corps shall not affect Or annul any existing bond, but, the same shall remain in force, and apply to such new appointment and Commission. (R. S. § 1385.) - § 2534. Same; paymasters’ clerks—Paymas- ters of the fleet, paymasters On Vessels having Com- plements of more than one hundred and seventy-five persons, on supply-steamers, store-Vessels, and receiv- ing-ships, paymasters at stations and at the Naval 3 2535 (Tit. 15 THE NAVY [Page 33SI Academy, and paymasters detailed at stations as in- spectors of provisions and clothing, shall each be al- lowed a clerk. (R. S. § 1386.) - . § 2535. Same; paymasters’ clerks—No pay- Imaster shall be allowed a clerk in a vessel having the COmplement of one hundred and seventy-five persons Or less, excepting in supply-steamers and store-Vessels. (R. S. § 1387.) - § 2536. Same; clerks of passed assistant and assistant paymasters—Passed assistant paymasters and assistant paymasters attached to vessels of War shall be allowed clerks, if clerks would be allowed by law to paymasters so attached. (R. S. § 1388.) § 2537. [Superseded.] - - This Section, relating to the pay of paymasters’ clerks, Was superseded by § 2537a. - § 2537 a... Pay Corps; pay eierks and acting pay clerks—The title of paymaster’s clerk in the United States Navy is hereby changed to pay clerk, and hereafter all pay clerks shall be warranted from act- ing pay clerks, who shall be appointed from enlisted men in the Navy holding acting or permanent ap- pointments as Chief petty Officers who have Served at least three years as enlisted men, at least two years of which service must have been on board a cruising vessel of the Navy. All appointments as acting pay clerks shall be made by the Secretary of the Navy, and all such appointees, in addition to the qualifica- tions above set forth, must be citizens of the United States. All acting appointments herein provided for shall be made permanent under regulations establish- ed by the Secretary of the Navy: Provided, That . paymasters’ Clerks now in the Navy whose total Serv- ice as Such is leSS than One year and Who are Citizens Of the United States may, upon the passage of this Act, be given appointments as acting pay clerks without previous Service as enlisted men : Provided further, That paymasters’ Clerks now in the Service and former paymasters’ Clerks whose appointments have been revoked, within six months next preceding the passage of this Act, who have had not less than One year's actual service as such, and who are citi- Zens of the United States, may, upon the passage Of this Act, be warranted as pay clerks without previous service as enlisted men or as acting pay clerks: provided further, That pay clerks and acting pay Clerks Shall have the Same pay, allowances, and Other benefits as are now Or Imay hereafter be allowed Other warrant officers and acting warrant Officers, respec- tively. (March 3, 1915, c. 83, 38 Stat. 942.) § 2537b. Saxme; chief pay clerks—All pay clerks shall, after six years' service as such, be commis- sioned chief pay clerks and shall on promotion have the rank, pay, and allowances of chief boatswain: Provided, That in computing the six years' service Therein provided for credit shall be given for all serv- ice in the Navy as pay clerk, acting pay clerk, and paymaster’s clerk: Provided further, That paymas- ters’ clerks now in the Navy and former paymasters’ clerks whose appointments have been revoked within six months next preceding the passage Of this Act, who have had not less than six years’ actual Service as such, and who are citizens of the United States, may, upon the passage of this Act, be Commissioned as chief pay clerks without previous service as en- listed men, acting pay clerks, or pay clerks. (March 3, 1915, c. 83, 38 Stat. 942.) . § 2537 c. Same; limitation of total number of clerks—The total number of chief pay clerks, pay clerks, and acting pay clerks allowed by this Act shall not exceed one for each two hundred and fifty en- listed men in the United States Navy now or here- after allowed by law, and such chief pay clerks, pay clerks, and acting pay clerks shall be assigned to du- ty with pay officers under such rules as the Secretary of the Navy may prescribe: Provided, That no person shall be appointed a chief pay clerk, pay clerk, or act- ing pay clerk under any provisions contained in this Act until his physical, mental, moral, and profession- And al qualifications have been satisfactorily established. by examination before a board of examining officers appointed by the Secretary of the Navy, from officers Of the pay Corps when practicable and according to Such regulations as he may prescribe : Provided fur- ther, That no person shall be appointed a chief pay Clerk, pay clerk, or acting pay clerk unless his ac- Cumulated previous service in the Army, Navy, and Marine Corps, together with his possible future serv- ice prior to attaining the age of sixty-two years, will amount to at least thirty years, except that this pro- Viso shall not apply to such persons as were serving in the Navy as paymasters’ clerks during the period from September first, nineteen hundred and thirteen, to October thirty-first, nineteen hundred and thirteen. (March 3, 1915, c. 83, 38 Stat. 942.) - § 2537d. Same; chief pay elerks’ age; ap- pointment as assistant paymasters—The limitation, aS to age contained in section thirteen hundred and SeVenty-nine Of the Revised Statutes of the United States, relating to appointment of assistant paymas- ters in the United States Navy, shall not apply to Chief pay clerks and pay clerks appointed under the provisions of this Act, who must be between the ages Of twenty-one and thirty-five years at the time of ap- pointment as assistant paymasters in the United States Navy: Provided, That this shall not be con- Strued as giving any preference in said appointment of assistant paymasters to said chief pay clerks and pay Clerks except as to the limitation of age. (March 3, 1915, c. 83, 38 Stat. 943.) § 2537e. Same; conflicting acts repealed— That sections thirteen hundred and eighty-six, thir- teen hundred and eighty-seven, and thirteen hundred and eighty-eight of the Revised Statutes, and all Acts and parts of Acts, so far as they are in conflict with the provisions of this Act, be, and the same are here- by, repealed. (March 3, 1915, c. 83, 38 Stat. 943.) Sections repealed are $$ 2534–2536. § 2538. Loans to officers by paymasters—It Shall not be lawful for any paymaster, passed assist- ant paymaster, or assistant paymaster, to advance Or loan, under any pretense whatever, to any officer in the naval service, any sum of money, public or private, or any credit, or any article or commodity whatever. (R. S. § 1389.) . (R. S. § 1390. Superseded.) This section prescribed the composition of the active list of the Engineer Corps. But the officers constituting the Engineer Corps were transferred to the line, and their rank in the line and their duties were prescribed, by the Navy Personnel Act of March 3, 1899, c. 413, §§ 1-7. See §§ 2476-2482. * (R. S. §§ 1391, 1392. Superseded.) R. S. § 1391, related to the appointment and promotion of engineers. Superseded, with subsequent provisions, by Navy Personnel Act of March 3, 1899, c. 413, §§ 1–7. See §§ 2476-2482. & & § 2539. Engineer of the fleet—The President may designate among the chief engineers in the Serv- ice, and appoint to every fleet or squadron, an engi- neer, who shall be denominated “engineer Of the fleet.” (R. S. § 1393.) (R. S. § 1394. Superseded.) This section provided for the appointment of cadet en- gineers as second assistant engineers. Superseded, With subsequent provisions, by the Navy Personnel Act of March 3, 1899, c. 413, §§ 1-7. See §§ 2476-2482. s § 2540. Chaplains; number and appointment —There shall be in the Navy, for the public armed vessels of the United States in actual service [not exceeding twenty-four chaplains], who shall be ap- pointed by the President with the advice and con- sent of the Senate. (R. S. § 1395.) Text in brackets superseded by § 2541b. § 2541. Same; qualifications—A chaplain shall not be less than twenty-one nor more than thirty- five years of age at the time of his appointment. (R. S. § 1396.) § 2541a. Same; acting chaplain—The grade of acting chaplain in the Navy is hereby authorized and created, and hereafter original appointments shall be Ch. 1) 3 2554a THE NAVY made by the Secretary of the Navy, not to exceed the number hereinafter provided, in the grade of acting chaplains in the Navy after such examination as may be prescribed by the Secretary of the Navy, and while so serving acting chaplains shall have the rank, pay, and allowances of lieutenant, junior grade, in the Navy. After three years' sea service on board ship each acting chaplain before receiving a commission in the Navy shall establish to the satisfaction of the Secretary of the Navy by examination by a board of chaplains and medical officers of the Navy his physi- cal, mental, moral, and professional fitness to per- form the duties of chaplain in the Navy, and if found so qualified, shall be commissioned a Chaplain in the Navy with the rank of lieutenant, junior grade. If any acting chaplain shall fail on the examinations herein prescribed he shall be honorably discharged from the naval Service, and the appointment Of any acting chaplain may be revoked at any time in the discretion of the Secretary of the Navy. (June 30, 1914, c. 130, 38 Stat. 403.) - § 254 lb. Same; number; rank—Hereafter the total number of chaplains and acting chaplains in the Navy shall be one to each twelve hundred and fifty Of the total personnel of the Navy and Marine Corps as fixed by law, including midshipmen, appren- tice seamen, and naval prisoners, and of the total number of chaplains and acting chaplains herein au- thorized ten per centum thereof shall have the rank of captain in the Navy, twenty per centum the rank of commander, twenty per centum the rank of lieuten- ant Commander, and the remainder to have the rank of lieutenants and lieutenants, junior grade. (June 30, 1914, c. 130, 38 Stat. 403.) § 254 le. Same; rank, pay and allowances— Naval chaplains hereafter commissioned from acting chaplains shall have the rank, pay, and allowances of lieutenant, junior grade, in the Navy until they shall have completed four years’ service in that grade, when, subject to examination as above prescribed, they shall have the rank, pay, and allowances of lieutenant in the Navy, and chaplains with the rank of lieutenant shall have at least four years' service in that grade before promotion to the grade of lieutenant COmmander, after which service, chaplains shall be promoted as vacancies occur to the grades of lieuten- ant Commander, commander, and captain: Provided, That not more than seven acting chaplains shall be commissioned chaplains in any one year: And pro- vided further, That no provision of this section shall operate to reduce the rank, pay, or allowances that would have been received by any person in the Navy except for the passage of this section, and that all laws or parts of laws inconsistent with the provisions of this section be, and the same are hereby, repealed. (June 30, 1914, c. 130, 38 Stat. 403.) § 254ld. Same; lains—Temporary chaplains and temporary acting chaplains in the Navy may be appointed for service during the period of the war in the proportion of the personnel of the Navy as now prescribed by existing law. (May 22, 1917, c. 20, § 4, 40 Stat. 85.) § 2542. Same; form of worship—Every chap- lain shall be permitted to conduct public worship ac- cording to the manner and forms of the church of which he may be a member. (R. S. § 1397.) § 2543. Same; annual report—Chaplains shall report annually to the Secretary of the Navy the official services performed by them. (R. S. § 1398.) §§ 2544–2546. [Superseded.] (R. S. §§ 1399, i400, and Act Jan. 20, 1881, c. 24. Superseded.) These sections, relating to the professors of mathemat- ics, were superseded by § 2547a. § 2547. Professors of mathematics; duties— Professors of mathematics shall perform such duties as may be assigned them by order of the Secretary of the Navy, at the Naval Academy, the Naval Observa- tory, and on board ships of war, in instructing the Imidshipmen of the Navy, or otherwise. (R. S. § 1401.) See § 2547a. [Page 339] temporary and acting chap- § 2547a. Same; abolition of corps—Hereafter no further appointments shall be made to the Corps of Professors of Mathematics, and that corps Shall cease to exist upon the death, resignation, Or dis- missal of the officers now carried in that corps on the active and retired lists of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 577.) - § 2548. Naval constructors; number and ap- pointiment—The President, by and with the advice and consent of the Senate, may appoint naval COn- structors, who shall have rank and pay as Officers of the Navy. (R. S. § 1402.) § 2549. Same; assistant naval constructors-- [Cadet engineers] who are graduated with credit in the scientific and mechanical class of the Naval Acad- emy may, upon the recommendation of the academic board, be immediately appointed as assistant naval Constructors. (R. S. § 1403.) Text in brackets superseded by §§ 2718, 2719. § 2550. Same; assistant maval constructor; promotion—Assistant naval constructors shall be pro- Imoted to the grade of naval constructor after not less than eight or more than fourteen years’ service as a S- sistant naval constructor: Provided, That the whole number Of naval GOnstructors and assistant naval COn- structors on the active list shall not exceed [forty] in all. (March 3, 1899, c. 413, § 10, 30 Stat. 1006.) Text in brackets superseded by §§ 2483, 2552. § 2551. Same; additional assistant naval con- structors—In addition to the number Of naval COn- structors and assistant naval Constructors now all- thorized, the appointment of six assistant naval con- structors is hereby authorized, two to be appointed during the present calendar year and the remaining four in the calendar year of nineteen hundred and three. (July 1, 1902, c. 1368, 32 Stat. 683.) See § 2483. § 2551a. Same; transfer of officers of line— Officers Of the line of the Navy who have had not less than three years’ Service in the grade Of ensign and have taken Or are taking Satisfactorily a post- graduate course in naval architecture under orders from the Secretary of the Navy shall be eligible for transfer to the grade of assistant naval constructor: Provided, That there shall not be more than five such transfers in any one calendar year and that the total increase in the number of naval Constructors and as- Sistant naval constructors by reason. Of Such transfers shall not exceed twenty-four. (March 3, 1915, c. 83, 38 Stat. 945.) § 2552. Same; duty–Naval constructors may be required to perform duty at any navy-yard Or other station. (R. S. § 1404.) - § 2553. Naval War College; consolidation with torpedo station—Training Station, Coasters’ Harbor Island, Rhode Island : * * to enable the Inaval war college to be conducted at said island up to January first, eighteen hundred and eighty-nine : * * Provided, That the Secretary of the Navy is hereby authorized to consolidate and place under one command the torpedo station and the naval war col- lege at Newport, Rhode Island after said date. (Sept. 7, 1888, c. 991, 25 Stat. 459.) § 2553a. Naval Consulting Board; appropria- tion—For actual expenses incurred by and in Connec- tion with the Civilian Naval Consulting Board * *. (Aug. 29, 1916, c. 417, 39 Stat. 558.) § 2554. Warrant officers; number and ap- pointment—The President may appoint for the Ves- Sels in actual Service, as many boatswains, gunners, sailmakers, and carpenters as may, in his Opinion, be necessary and proper. (R. S. § 1405.) Preference in appointment of warrant officers, see § 2570. Commissions to chief boatswains, chief gunners, etc., see § 2708. Appointment of pharmacists, with rank of warrant officers, see § 2513. § 2554a. Same; temporary appointment—Tem- porary appointments as warrant officers of the Navy may be made by the Secretary of the Navy. (May 22, 1917, c. 20, § 5, 40 Stat. 86.) { 3 2554b (Tit. 15 THE NAVY IPage 340I. § 2554b. Additional Marine gunners, quarter- Imaster’s clerks—The appointment of thirty marine gunners, thirty quartermaster’s clerks, and nine clerks to assistant paymasters, additional to the number now prescribed by law, and the temporary appoint- ment of eight clerks to assistant paymasters for the war, is hereby authorized, such appointments to be made in the manner now provided by law. (May 22, 1917, c. 20, § 11, 40 Stat. 87.) i § 2555. Warrant officers; gunners, Carpenters, and sailmakers shall be known and Shall be entered upon the Naval Register as “warrant officers in the naval service of the United States.” (R. S. § 1406.) - § 2556. Machinists; appointment—Upon the passage of this Act the Secretary of the Navy shall appoint a board for the examination of men for the position. Of [Warrant] machinists, One hundred of whom are hereby authorized. The said examination Shall be open, first, to all machinists by trade, of good record in the naval service, and if a sufficient num- ber of machinists from the Navy are not found duly qualified, then any machinist of good character, not above thirty years of age, in civil life shall be eligible for such examination and appointment to fill the re- All Squbsequent vacancies in the maining vacancies. list of [warrant] machinists shall be filled by com- petitive examination before a board Ordered by the Secretary of the Navy, and open to all machinists by trade who are in the Navy, and machinists of good character, not above thirty years of age, in Civil life authorized by the Secretary Of the Navy to appear . before said board, and, where candidates from civil life and from the naval service possess equal qualifi- cations, the preference shall be given to those from the naval service. (March 3, 1899, c. 413, § 14, 30 Stat. 1007.) - Text in brackets superseded by § 2557. - § 2556a. Same; number—Pay of the Navy: * * As many machinists as the President may from time to time deem necessary to appoint." (June 15, 1917, c. 29, § 1, 40 Stat. 210.) - § 2557. Same; pay; retirement—The pay of [Warrant] machinists shall be the same as that Of Warrant Officers, and they shall be retired under the provisions of existing law for warrant Officers. [War- rant] machinists Shall receive at first an acting ap- pointment, which may be made permanent under reg- ulations established by the Navy Department for oth- er warrant officers. They shall take rank with other Warrant Officers according to date of appointment and shall wear such uniform as may be prescribed by the Navy Department. (March 3, 1899, c. 413, § 15, 30 Stat. 1008.) - Text in brackets superseded by § 2558. § 2558. Same; title—The title warrant machinist is hereby changed to machinist. (March 3, 1909, c. 255, 35 Stat. 771.) § 2559. Warramt officers; promotion of sea- men—Seamen distinguishing themselves in battle, Or by extraordinary heroism in the line of their profes- sion, may be promoted to forward warrant Officers, upon the recommendation of their commanding offi- cer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall re- ceive a gratuity of One hundred dollars and a medal of honor, to be prepared under the direction. Of the Navy Department. (R. S. § 1407.) § 2559a. Sanrae; pay on shore duty—Hereafter the pay of warrant officers while on shore duty dur- ing the fourth three years' service shall be $1,750 per annum. (March 4, 1917, c. 180, 39 Stat. 1181.) § 2560. Seamen. Irated as mates—Mates may be rated, under authority of the Secretary of the Navy, from Sea Imen and Ordinary Seamen who have enlisted in the naval Service for not less than two years. (R. S. § 1408.) - § 2561. Same; not to discharge from enlist- ment—The rating of an enlisted man as a mate, or title—Boatswains, § 2563. his appointment as a warrant officer, shall not dis- Charge him from his enlistinent. (R. S. § 1409.) § 2562. Petty officers—All Officers not holding Commissions or warrants, or who are not entitled to them, except Such as are temporarily appointed to the duties of a commissioned or warrant officer, and ex- cept Secretaries and clerks, shall be deemed petty Officers, and shall be entitled to obedience, in the ex- ecution of their offices, from persons of inferior rat- ings. (R. S. § 1410.) - (R. S. § 1411. Superseded.) This section provided for the appointment of acting as- sistant surgeons. It was superseded by § 2495. Civil engineers and store-keepers at navy-yards—The President, by and with the advice and consent of the Senate, may appoint a civil engi- neer and a naval Store-keeper at each. Of the navy- yards where such officers may be necessary. (R. S. § 1413.) - * See §§ 2483–2485, 2564, 2565. § 2564. Givil engineers; number on active list —No appointments shall be made of civil engineers in the Navy on the active list under section fourteen hundred and thirteen Of the Revised Statutes in ex- cess of the present number, twenty-one. (March 3, 1899, c. 413, § 7, 30 Stat. 1006.) - See §§ 2483, 2483b, 2565. § 2.565. Same; addition to number—The ap- pointment of six additional civil engineers is hereby authorized, three to be appointed during the present calendar year, and the other three in the calendal: year of nineteen hundred and three. (July 1, 1902, c. 1368, 32 Stat. 671.) See §§ 2483–2485. - - - § 2566. Saxmae; promotions—Promotions in the Corps Of Civil engineers shall be after Such examina- tion as the Secretary of the Navy may prescribe. (March 3, 1903, c. 1010, 32 Stat. 1197.) See §§ 2689, 26.97d. - § 2567. Store-keepers on foreign stations—The Secretary of the Navy may appoint citizens who are not Officers Of the Navy to be store-keepers on foreign stations, when suitable officers of the Navy cannot be ordered on such service, or when, in his opinion, the public interest will be thereby promoted. (R. S. § 1414.) - . º § 2568. Same; bornds—Every person who is ap- pointed store-keeper under the provisions of the preceding section shall be required to give a bond, in such amount as may be fixed by the Secretary Of the Navy, for the faithful performance Of his duty. (R. S. § 1415.) - § 2568a. Rating of storekeepers—The rating of storekeeper is hereby established in the artificer branch with the following rates of pay per month: Chief petty officer, $50; petty officer, first class, $40; petty officer, second class, $35; petty officer, third class, $30, subject to such increases of pay and al- lowances as are Or may hereafter be authorized by law for the enlisted men of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 575.) - - § 2569. Discontinuance of civil offices at yards—The Secretary of the Navy is authorized, when in his opinion the public interest will permit it, to discontinue the Office or employment of any measurer and inspector of timber, Clerk Of the yard, clerk Of the commandant, clerk of the store-keeper, clerk of the naval constructor, and the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. (R. S. § 1416.) § 2570. Warrant officers; preference of en- listed men in appointments— ” * Provided, That in the appointment Of Warrant-Officers in the naval Service of the United States, preference shall be given to men who have been honorably discharg- ed upon the expiration of an enlistment as an ap- prentice Or boy, to serve during minority, and reenlist- ed within three months after such discharge, to serve during a term of three or more years: Provided fur- Ch. 1) 3 2580 a THE NAVY [Page 341 I ther, That nothing in this act shall be held to abro- gate the provisions of section fourteen hundred and Seven of the Revised Statutes Of the United States. (R. S. § 1417, amended, June 30, 1876, c. 159, 19 Stat. 66, and May 12, 1879, c. 5, 21 Stat. 3.) Omitted portion of this section was superseded by § 2571. R. S. § 1407 is § 2559. : - § 2571. persons who may at one time be enlisted into the Navy of the United States, including seamen, ordi- nary seamen, landsmen, mechanics, firemen, and coal heavers, and including one thousand five hundred ap- prentices and boys, hereby authorized to be enlisted annually, shall not exceed nine thousand. 1893, c. 212, 27 Stat. 730.) § 2571a. Same; number of apprentice Seal,- men—Six thousand apprentice seamen under training at training stations, and on board training ships, at (March 4, 1917, C. the pay prescribed by law. * * 180, 39 Stat. 1181.) - § 2572. Same; tary of the Navy is hereby authorized to enlist as many additional seamen as in his discretion he may deem necessary, not to exceed one thousand. (March 2, 1895, c. 186, 28 Stat. 826.) r § 2573. Same; additional seamen—The Secre- tary of the Navy is hereby authorized to enlist at any time after the passage of this Act as many addi- tional men as in his discretion he may deem neces- Sary, not to exceed one thousand. (June 10, 1896, C. 399, 29 Stat. 361.) § 2573a. Same; President is hereafter authorized, whenever in his judgment a sufficient national emergency exists, to increase the authorized enlisted strength of the Navy to eighty-seven thousand men. (Aug. 29, 1916, c. 417, 39 Stat. 575.) - . § 2573aa. Same; temporary increase in strength—The authorized enlisted strength of the active list of the Navy is hereby temporarily increas- ed from eighty-seven thousand to one hundred and fifty thousand, including four thousand additional apprentice seamen. (May 22, 1917, c. 20, § 1, 40 Stat. 84.) - - § 2573b. Same; number exclusive of those court-martialed—Hereafter the number of enlisted men of the Navy shall be exclusive Of those sentenced by . Court-martial to discharge. (Aug. 29, 1916, c. 417, 39 Stat. 575.) § 2573c. Same; computation of enlisted strength—The enlisted strength of the Navy author- ized in this Act shall be deemed to include all en- listments heretofore made during this calendar year which may have been in excess of the number author- ized by law at the time. (Aug. 29, 1916, c. 417, 39 Stat. 575.) - § 2574. Same; apprentices additional to num- per—All apprentices of the Navy, whether at a train- ing station or on board an apprentice training ship, shall be additional to the number of enlisted persons allowed by law for the Navy. (April 24, 1896, c. 120, § 2, 29 Stat. 97.) - § 2574a. Same; number construed as daily average throughout fiscal year—Hereafter the num- ber of enlisted men. Of the Navy and Marine Corps provided for shall be construed to mean the daily average number of enlisted men in the naval Service during the fiscal year. (June 30, 1914, c. 130, .38 Stat. 403.) § 2575. Same; term of enlistment—Boys be- tWeen the ages Of fourteen and eighteen years may be enlisted to serve in the Navy until they shall ar- rive at the age of twenty-one years; other persons may be enlisted to serve for a period not exceeding [five] years, unless sooner discharged by direction of the President. (R. S. § 1418, amended, May 12, 1879, § § 21 Stat. 3, and Feb. 23, 1881, c. 73, § 2, 21 Stat. Text in brackets superseded by §§ 2576, 2577. Enlisted men; number—The number of (March 3, additional seamen—The Secre- increase of strength—The - § 2576. Same; term of enlistment—Hereafter the term of enlistment of all enlisted men of the Navy shall be four years. (March 3, 1899, c. 413, § 16, 30 Stat. 1008.) § 2577. Same; term of enlistment—The term Of enlistment of all enlisted men of the United States Navy other than those who are enlisted during mi- nority shall be four years. (Aug. 22, 1912, c. 335, 37 Stat. 330.) § 2577a. Term of enlistinent in Navy and Marine Corps in war—Enlistments in the Navy and Marine Corps, during such time as the United States may be at War, shall be for four years or for such Shorter period or periods as the President may pre- Scribe, or for the period of the present war. (May 22, 1917, c. 20, § 3, 40 Stat. 85.) § 2578. Enlisted men; term of enlistment; extension—The term of enlistment of any enlisted man in the Navy may, by his voluntary written agreement, under such regulations as may be prescrib- ed by the Secretary of the Navy with the approva; Of the President, be extended for a period of either One, tWO, three, Or four full years from the date of expiration of the then existing four-year term of en- listment, and Subsequent to said date such enlisted Imen as extend the term of . enlistment as authorized in this Section shall be entitled to and shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon eXpiration of their term of enlistment, and such extension shall not operate to deprive them upon dis- Charge at the termination, thereof of any right, privi- lege, Or benefit to which they would be entitled at the expiration of a four-year term of enlistment. (Aug. 22, 1912, c. 335, 37 Stat. 331.) - - - - § 2578a. Same; extension of minority enlist- ments—Hereafter any enlistment for minority in the Navy or Marine Corps may be extended as is provided by law for extending an enlistment for a term of four years, under similar conditions and with like rights, privileges, benefits, and obligations. (April 25, 1917, c. 6, 40 Stat. 38.) - § 2579. Sarme; advertising for recruits—Au- thority is hereby granted to employ the services of . an advertising agency in advertising for recruits under such terms and conditions as are most advan- tageous to the GOVernment. (March 4, 1913, c. 148, 37 Stat. 894.) § 2579.a. Postmasters procuring recruits for Navy and Marine Corps—The President is authoriz- ed in his discretion to utilize the services of postmas- ters Of the second, third, and fourth Classes in pro- curing the enlistment of recruits for the Navy and the Marine Corps, and for each recruit accepted for en- listment in the Navy or the Marine Corps, the post- master proCuring his enlistment shall receive the Sum of $5. (Aug. 29, 1916, c. 417, 39 Stat. 560.) § 2580. Enlisted men; minors; consent of par- ents and guardians—Minors between the age of fourteen and eighteen years shall not be enlisted for the naval Service without the Consent Of their parents or guardians. (R. S. § 1419, amended, May 12, 1879, c. 5, 21 Stat. 3, and Feb. 23, 1881, c. 73, § 2, 21 Stat. 338.) § 2580a. Same; minors; certificate of birth— Hereafter no part of any appropriation for the naval service shall be expended in recruiting seamen, or- dinary seamen, or apprentice seamen unless, in Case of minors, a certificate of birth or a verified written statement by the parents, or either Of them, or in Case of their death a verified Written statement by the legal guardian, be first furnished to the recruiting officer, showing applicant to be of age required by naval regulations, which shall be presented with the application for enlistment; except in cases where such certificate is unobtainable, enlistment may be made when the recruiting Officer is convinced that Oath of applicant as to age is credible; but When it is & 2581 (Tit. 15 THE NAVY IPage 342] afterwards found, upon evidence satisfactory to the Navy Department, that recruit has sworn falsely as to age, and is under eighteen years Of age at the time of enlistment, he shall, upon request of either parent, Or, in Case Of their death, by the legal guardian, be released from service in the Navy, upon payment Of full cost of first outfit, unless, in any given case, the Secretary, in his discretion, shall relieve said recruit of Such payment. (March 3, 1915, c. 83, 38 Stat. 931.) § 2581. Same; persons not to be enlisted—No minor under the age of fourteen years, no insane or intoxicated person, and no person who has deserted in time of war from the naval or military Service Of the United States, Shall be enlisted in the naval service. (R. S. § 1420, amended, May 12, 1879, c. 5, 21 Stat. 3, Feb. 23, 1881, c. 73, § 2, 21 Stat. 338, and Aug. 22, 1912, c. 336, 37 Stat. 356.) § 2582. Transfer from military to naval serv- ice–Any person enlisted in the military service of the United States may, On application to the Navy Department, approved by the President, be transfer- red to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebted- ness to the Government, nor, without the Consent of the President, from any penalty incurred for a breach of military law. (R. S. § 1421.) § 2583. Apprentices; enlistment; outfit as Thounty—In Order to encourage the enlistment of boys as apprentices in the United States Navy, the Secré- tary of the Navy is hereby authorized to furnish as a bounty to each of said apprentices after his enlist- ment, and when first received on board of a training- ship, an Outfit of clothing not to exceed in value the sum of forty-five dollars. (March 1, 1889, c. 331, 25 Stat. 781.) - § 2584. Naval training stations; Coasters’ Harbor Island—For repairing and extending wharf and the erection Of boat houses On Coasters’ Harbor Island, * * and the Cession by the State of Rhode Island to the United States Of Said Island for use as a naval training station is hereby accepted. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 324.) - § 2585. Same; Coasters’ Harbor Island; quar- ters of training force—Naval Training Station, Coasters IHarbor Island, Rhode Island (for appren- tices): * * Provided, That no part of the person- nel Of the training force shall be quartered on shore except in case of sickness. (March 2, 1895, c. 186, 28 Stat. S27.) § 2586. Same; San Francisco, Cal.—That the Secretary Of the Navy.be, and he is hereby, authoriz- ed to establish a training station for naval appren- tices on the island of Yerba Buena (or Goat Island), in the harbor of San Francisco, California; and Said Secretary is authorized to designate two officers of the Navy, and the Secretary Of War is authorized to designate one officer of the Army, said three of— ficers to constitute a board, who shall select and as- sign so much of said island as may be necessary for the purpose of establishing said naval training sta- tion ; and the site so selected, when approved by the President, shall be, by virtue of this Act, trans- ferred to the Navy Department for the purposes of Said naval training station. (April 24, 1896, c. 120, § 1, 29 Stat. 96.) § 2587. Enlisted mem; refund of cost of out- fit on discharge—Hereafter the Secretary of the Navy may, in his discretion, require the whole or a part of the cost Of Outfits allowed upon enlistment to be refunded in cases where men are discharged during the first six months of enlistment for any cause other than disability incurred in line of duty. (June 29, 1906, c. 3590, 34 Stat. 556.) § 2.588. Same; refund of bounty on discharge —The Secretary of the Navy may, in his discretion, require the whole or a part of the bounty allowed up- on enlistment to be refunded in cases where men are discharged during the first year of enlistment by re- quest, for inaptitude, as undesirable, or for disability not incurred in line of duty. (March 2, 1907, c. 25.12, 34 Stat. 1176.) - - § 2589. Same; purchase of discharge—In time Of peace the President may in his discretion, and un- der Such rules and upon Such COInditions as he may prescribe, permit any enlisted man to purchase his discharge from the Navy or the Marine corps, the amounts received therefrom to be COvered into the Treasury. (March 3, 1893, c. 212, 27 Stat. 717.) § 2590. Same; discharge within three months before expiration of term—Under such regulations as the Secretary of the Navy may prescribe, with the approval of the President, any enlisted man may be discharged at any time within three months before the expiration of his term of enlistment or extended enlistment without prejudice to any right, privilege, or benefit that he would have received, except pay and allowances for the unexpired period not served, or to which he would thereafter become entitled, had he served his full term of enlistment or extended enlistment: Provided, That nothing in this Act shall be held to reduce or increase the pay and allowances Of enlisted men Öf the Navy now authorized pursu- ant to law. (Aug. 22, 1912, c. 335, 37. Stat. 331.) § 2590a. [Repealed.] This section, relating to discharges of enlisted men, Was repealed by Act March 4, 1917, c. 180, 39 Stat. 1171, Saving existing enlistments. - § 2590 b. Enlisted men; furlough without pay —The Secretary of the Navy is hereby authorized to grant furlough without pay to enlisted men for a period covering the unexpired portion of their enlist- ment: Provided, That such furlough be granted un- der the same conditions and in lieu of discharge by purchase or by special order of the department. En- listed men so furloughed shall be subject to recall in time of war or national emergency to complete the unexpired portion of their enlistment, and shall be in addition to the authorized number of enlisted men of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 580.) § 2591. Same; disposition at expiration of term—It shall be the duty of the commanding Officer of any fleet, squadron, or vessel acting singly, When on service, to send to an Atlantic or to a Pacific port of the United States, as their enlistment may have Occurred on either the Atlantic Or Pacific Coast Of the United States, in SOme public or Other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlist- ment, or as soon thereafter as may be, , unless, in his Opinion, the detention. Of Such persons for a longer period should be essential to the public interests, in which case he may detain them, Or any of them, uri- til the vessel to which they belong shall return to such Atlantic or Pacific port. All persons enlisted without the limits of the United States may be dis- charged, On the expiration of their enlistment, either in a foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, ac- cording to the provisions of this act, shall be subject in all respects to the laws and regulations for the government Of the Navy until their return to an At- lantic or Pacific port and their regular discharge; and all persons SO detained by such Officer, or re-en- tering to serve until the return to an Atlantic Or Pa- cific port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port; and that all persons who shall be SO detained beyond their terms Of enlistment or who shall, after the termination of their enlistment, Voluntarily re-enter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detain- Ch. 2) 3 2607 THE NAVY IPage 3431 ed, or shall so serve beyond their original terms of enlistment, an addition of One-fourth Of their former pay: Provided, That the shipping-articles shall here- after contain the substance of this section. (R. S. § 1422, amended March 3, 1875, c. 155, 18 Stat. 484.) § 2592. Same; sent home or detained—All persons sent home, Or detained by a commanding officer, according to the provisions of the preceding Section, shall be subject in all respects to the laws and regulations for the gov- ernment of the Navy, until their return to an Atlantic port and their regular discharge. (R. S. § 1423.) § 2593. Same; limit of detention—Persons SO detained by a commanding officer, or re-entering to serve until the return to an Atlantic port of the ves- Sel to which they belong, shall in no case be held in Service more than thirty days after their arrival in said port. (R. S. § 1424.) § 2594. Same; shipping articles—The shipping articles shall contain the substance of the three sec- tions next preceding and of section fifteen hundred and seventy-two. (R. S. § 1425.) - See §§ 2591-2593, 2860. - § 2595. Same; honorable discharge; to whom granted—Honorable discharges may be granted to Seamen, Ordinary seamen, landsmen, firemen, Coal- heavers, and boys who have enlisted for three years. (R. S. § 1426.) - § 2596. Šarne; honorable diseharge; form- Honorable discharges shall be granted according to a form prescribed by the Secretary of the Navy. (R. S. § 1427.) § 2597. Same; honorable discharge; report of Enem entitled to—It shall be the duty of every Com- manding officer of a vessel, on returning from a cruise, and immediately on his arrival in port, to forward to the Secretary of the Navy a list of the names of such of the crew who enlisted for three years as, in his Opinion, on being discharged, are entitled to an “hon- Orable discharge” as a testimonial of fidelity and Obedi- ence; and he shall grant the same to the persons so designated. (R. S. § 1429.) § 2598. Same; honorable discharge; tempo- rary home for men receiving—That the Secretary of the Navy be, and he is hereby, authorized to per- mit any person receiving the honorable discharge au- thorized by section fourteen hundred and twenty-nine of the Revised Statutes to elect a home on board of any of the United States receiving-ships, during any portion of the three months granted by law as the lim- it of time within which to receive the pecuniary benefit of such discharge, the men so choosing a home to be entitled to one ration per day for their keeping while . furnished with such home, but not to pay, other than that authorized by Section fifteen hundred and sev- enty-three Of the Revised Statutes Of the United States Upon re-enlistment: Provided, That the persons so furnished with a home shall be amenable to such regulations as may be prescribed by the Secretary of the Navy or other competent authority. (Feb. 8, 1889, c. 115, 25 Stat. 657.) See §§ 2597, 2861. Chapter Two—General Provisions Re- Sec. lating to Officers 2599. Citizenship. 2600. Discouraging sale of wages. 2601. Leave and liberty. 2602. Acting as paymasters. 2603. Consular powers. . Command of squadrons. 2605. Lieutenant-commanders. 2606. Shore duty; employment of officers. 2606a. Same; eligibility of officers. 2607. Same; orders; duration of service. 2608. Staff officers; exemption from sea duty. 2609. Officers; detail for service of War Department. 2610. Officers as store-keepers on foreign stations. 2611. Same; bonds. ‘; 2612. Appointments in diplomatic service. 2613. Effect of dismissal, or resigning to escape dismissal. Furlough. - - subject to regulations while United States. Sec. 2614a. Leave of absence to warrant officers. 2615. Credit for service; volunteer officers transferred. 2616. Same; in Regular or Volunteer Army or Navy. 2617. Same; in different corps. . 2618. Same; certain surgeons. 2619. Same; as midshipman at Naval Academy or cadet at Military Academy. 2619a. Examination of candidates for appointment, promotion and retirement. 2619b. Dropping from rolls; reappointment. § 2599. Citizenship—The officers of vessels of the United States shall in all cases be citizens of the (R. S. § 1428.) § 2600. Discouraging sale of wages—Every Commanding Officer of a vessel is required to discour- age his crew from selling any part of their [prize- money, bounty-money, or wages, and never to attest any power of attorney for the transfer thereof until he is satisfied that the same is not granted in COn- sideration of money given for the purchase of [prize- money, bounty-money, or wages. (R. S. § 1430.) Text in brackets superseded by § 8396. § 2601. Leave and liberty—It shall be the duty of commanding officers of vessels, in granting tempo- rary leave Of absence and liberty On shore, to exer- cise carefully a discrimination in favor of the faithful and obedient. (R. S. § 1431.) § 2602. Acting as paymasters—No commanding officer of any vessel of the Navy shall be required to perform the duties Of a paymaster, passed assistant paymaster, or assistant paymaster. (R. S. § 1432.) § 2603. Consular powers—The Commanding Offi- cer of any fleet, Squadron, or vessel acting singly, when upon the high seas or in any foreign port where there is no resident consul Of the United States, shall be authorized to exercise all the powers of a consul in relation to mariners of the United States. (R. S. § 1433.) § 2604. Command of squadrons—The President may select any officer not below the grade of Com- mander on the active list Of the Navy, and assign him. to the Command of a Squadron, with the rank and title of “flag-Officer;” and any Officer so assigned shall have the same authority and receive the same Obe- dience from the Commanders Of ships in his Squadron, holding Commissions of an older date than his, that he would be entitled to receive if his Commission were the oldest. (R. S. § 1434.) Officers on retired list, see § 2655. § 2605. Ilieutemarat-commanders—Lieutenant- Commanders may be assigned to duty as first lieuten- ants of naval Stations, as navigation and watch Offi- cers on board of vessels of War, and as first lieuten- ants Of Vessels not commanded by lieutenant-COIm- manders. (R. S. § 1435.) § 2606. Shore duty; employment of officers— Hereafter no officer of the Navy shall be employed on any shore duty, except in Cases Specially provided by law, unless the sº Of the Navy shall determine that the employment of an Officer On Such duty is re- quired by the public interests, and he shall so state in the Order Of employment, and also the duration Of Such service, beyond which time it shall not continue. (March 3, 1883, c. 97, § 2, 22 Stat. 481.) Pay while on shore duty, see § 2821. § 2606a. Same; eligibility of officers—Here- after officers who now perform engineering duty on Shore only and officers of the Construction Corps shall be eligible for any shore duty Compatible with their rank and grade to which the Secretary of the Navy may assign them. (March 3, 1915, c. 83, 38 Stat. 930.) - - § 2607. Same; orders; duration of service— The provisions of section two of the naval appropria- tion act approved March third, eighteen hundred and eighty-three, shall be so modified that hereafter orders of the Secretary of the Navy employing officers On Shore duty shall state that Such employment is re- Quired by the public interests, but need not state the duration of such service. (July 19, 1892, c. 206, 27 Stat. 245.) - 4 2608 THE NAVY (Tit. 15 - - IPage 3441 . - § 2608. Staff officers; exemption from sea. § 2618. Same; certain surgeons—Such sur- duty—Any staff officer of the Navy who has perform- ed the duty of a chief of a Bureau of the Navy Department for a full term shall thereafter be ex- empt from sea duty, except in time of war. (R. S. § 1436.) - .” - . § 2609. Officers; detail for service of War Department—The President may detail, temporarily, three Competent naval Officers for the Service Of the War Department in the inspection of transport ves- sels, and for such other services as may be designat- ed by the Secretary of War. (R. S. § 1437.) - § 2610. Officers as store-keepers on foreign stations—The Secretary of the Navy shall order a suitable Commissioned Or warrant Officer of the Navy, except in the case provided in section fourteen hun- dred and fourteen, to take Charge of the naval stores for foreign Squadrons at each Of the foreign stations Where Such stores may be deposited, and where a store-keeper may be necessary. (R. S. § 1438.) § 2611. Same; bornds—Every officer so acting as Store-keeper. On a foreign station shall be required to give a bond, in Such amount as may be fixed by the Secretary of the Navy, for the faithful performance Of his duty. (R. S. § 1439.) § 2612. Appointments in diplomatic serviec– If any officer of the Navy accepts or holds an appoint- ment in the diplomatic Or Consular Service of the government, he shall be considered as having re- signed his place in the Navy, and it shall be filled as a vacancy. (R. S. § 1440.) . . § 2613. Effect of dismissal, or resigning to escape dismissal—No Officer of the Navy who has been dismissed by the sentence of a COurt-martial, Or suffered to resign in Order to escape such dismis- Sal, Shall ever again become an Officer of the Navy. (R. S. § 1441.) . - § 2614. Furlough—The Secretary of the Navy shall have authority to place On furlough any Officer On the active list Of the Navy. (R. S. § 1442.) § 2614a. Leave of absence to warrant officers —Warrant Officers shall be allowed Such leave Of ab- sence, with full pay, as is now or may hereafter be allowed Other Officers of the United States Navy. (Aug. 29, 1916, c. 417, 39 Stat. 578.) § 2615. Credit for service; transferred—Officers who have been, or may be, transferred from the VOlunteer Service to the Regular Navy shall be credited with the sea-service performed by them as volunteer officers, and shall receive all the benefits Of Such duty in the same manner as if they had been, during such service, in the Regular Navy. (R. S. § 1412.) § 2616. Same; in Regular or Volunteer Army or Navy—All Officers of the Navy shall be Credited with the actual time they may have served as Officers or enlisted men in the regular Or Volunteer Army Or Navy, or both, and shall receive all the benefits of Such actual Service in all respectS in the Same man- ner as if all said Service had been continuous and in the regular Navy in the lowest grade having grad- uated pay held by such officer since last entering the Service: be so construed as to authorize any change in the dates Of COmmission Or in the [relative] rank Of Such officers: Provided further, That nothing herein con- tained shall be so construed as to give any addi- tional pay to any such officer during the time of his service in the volunteer army or navy. (March 3, 1883, c. 97, § 1, 22 Stat. 473.) § 2.617. Same; the Navy or to the Marine Corps after service in a different Corps of the Navy or of the Marine Corps shall have all the benefits Of their previous Service in the same manner as if said appointments were a re- entry into the Navy or into the Marine Corps. (June 10, 1896, c. 399, § 1, 29 Stat. 361.) - be eligible for reappointment. volunteer officers Provided, That nothing in this Clause shall 2648. Same; in different corps—All Officers who have been or may be appointed to any corps of geons in the Navy not in line of promotion as may have been appointed to that position in accordance With a Special act of Congress for meritorious services during yellow fever epidemics shall have all the bene. fits of their previous service in the same manner as if Said appointments were a reentry into the Navy, (June 10, 1896, c. 399, § 1, 29 Stat. 361.) § 2619. Same; as midshipman at Naval Acad- emy or cadet at Military Academy—Hereafter the Service Of a midshipman at the United States Naval Academy, or that of a cadet at the United States Military Academy, who may hereafter be appointed to the United States Naval Academy, or to the United States Military Academy, shall not be counted in Computing for any purpose the length of service of any officer in the Navy or in the Marine Corps. (March 4, 1913, c. 148, 37 Stat. 891.) - § 2619a. Examination of candidates for ap- Pointment, promotion and retirement—Hereafter the Secretary of the Navy may authorize the senior - officer present, Or other commanding officer, on a for- eign Station to order boards of medical eXaminers, examining board, and retiring boards for the exami. nation of Such candidates for appointment, promotion, and retirement in the Navy and Marine Corps as lmay be serving in such officer's command and may be di- rected to appear before any such board. (March 4, 1917, c. 180, 39 Stat. 1171.) - § 2619 b. Dropping from rolls ; reappointment —The President is hereby authorized to drop from the rolls of the Navy or Marine Corps any officer thereof Wh9 is absent from duty without leave for a period Of three months or more, or who, having been found guilty by the civil authorities of any Offense, is finally Sentenced to confinement in a State or Federal peni- tentiary: Provided, That no officer so dropped shall (April 2, 1918, c. 39, 40 Stat.) - Chapter Three—Retired Officers and Men of the Navy Sec. 2620. Forty years’ service. - - 2621. Thirty years’ service. 2622. Sixty-two years of age. 2623. Certain officers retired only for disability. 2623a. Age of retirement. - 2624. Officers receiving vote of thanks. 2625. Officers rejected from promotion. 2626. Same; for unfitness from drunkenness or misconduct. 2627. Retiring-board. 2628. Same; powers and duties. 2629. Same; oath . of members. 2630. Same; findings. - - 2631. Same; revision by the President. 2632. Disability; by incident of service. 2633. Same; other causes. - 2634. Not to be retired without hearing. 2635. Not to be retired for misconduct. - 2636. Application for voluntary retirement; deficiency in av., erage Vacancies. 2637. [Repealed.] Transfer of retired officers to active list. 2638. Applications for voluntary retirement; deficiency in av- erage Vacancies; rank and pay. - 2639. Grades of retired officers; privileges and liabilities. 2640. Retired rank of officer failing in physical examination. 2641. Retired rank and pay of officers of civil war. 2642. Same. - - 2643. Same; not to deprive officer of increased rank and pay. 2644. Retired rank; rear-admirals retired as captains. 2645. Same; officers retired from position of chief of bureau. 2646. Same; Officers who have served as chief of bureau. 2647. Same; officers of certain staff corps. - Staff officers retired for causes incident to serv- ice. 2649. Vacancies by retirement. 2650. Withdrawn from command. 2651. No promotion or increase of pay. 2652. Active duty. 2653. Same; pay. Same; pay. 2653b. Same; pay. - 2654. Same; command of squadrons and ships. 2655. Same; Command of squadrons; grades. 2656. Same; command of squadrons and ships; tive list. restored to ac- 2657. Retirement and pay of mates. - Ch. 3) 3 2637a THE NAVY [Page 345] Sec. - - 2658. Retirement of enlisted men and petty officers, 2659. Same; computation of length of service. 2659a, Call in active service of retired enlisted men. § 2620. Forty years’ service—When any officer of the Navy has been forty years in the service of the United States he may be retired from active service by the President upon his OWn application. (R. S. § 1443.) § 2621. Thirty years’ service—When an Officer of the Navy has been thirty years in the service, he may, upon his own application, in the discretion of the President, be retired from active service and placed upon the retired list with three-fourths of the highest pay of his grade. (May 13, 1908, C. 166, 35 Stat. 128.) § 2622. Sixty-two years of age—When any offi- cer below the rank of Vice-Admiral is [sixty-two years] old, he shall, except in the case provided in the next section be retired by the President from active service. (R. S. § 1444.) Text in brackets superseded by § 2623a. - § 2623. Certain officers retired only for disa- bility—The two preceding sections shall not apply to any lieutenant-commander, lieutenant, [master,l en- sign, [midshipman, passed assistant Surgeon, passed assistant paymaster, [first assistant engineer, assist- ant surgeon, assistant paymaster, [or Second assist- ant engineer]; and such officers shall not be placed upon the retired list, except on account of physical or mental disability. (R. S. § 1445.) Text in brackets superseded by §§ 2472, 2476-2482. § 2623a. Age of retirement—Except as herein otherwise provided, hereafter the age for retirement Of all Officers of the Navy shall be sixty-four years instead of sixty-two years as now prescribed by law. (Aug. 29, 1916, c. 417, 39 Stat. 579.) - § 2624. Officers receiving vote of thanks-Offi- Cers on the active list, not below the grade of Com- mander, who have, upon the recommendation of the President, received by name, during the War for the suppression of the rebellion, a vote of thanks of Con- gress for distinguished service, shall not be retired, except for cause, until they have been fifty-five years in the service of the United States. (R. S. § 1446.) § 2625. Officers rejected from promotion— When the case of any officer has been acted upon by a board of naval surgeons and an examining board for promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. (R. S. § 1447.) § 2.626. Same; for unfitness from drunken- ness or misconduct—Whenever on an inquiry had pursuant to law, concerning the fitness of an officer of the Navy for promotion, it shall appear that such officer is unfit to perform at sea the duties Of the place to which it is proposed to promote him, by rea- ‘son of drunkenness, Or from any cause arising from his own misconduct, and having been informed Of and heard upon the Charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year’s pay. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 286.) § 2.627. Retiring-board—Whenever any officer, on being ordered to perform the duties appropriate to his commission, reports himself unable to comply with such Order, or whenever, in the judgment Of the President, an officer is incapacitated to perform the duties Of his Office, the President, at his discre- tion, may direct the Secretary of the Navy to refer the Case Of Such officer to a board Of not more than nine nor less than five COmmissioned Officers, two- fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the Officer whose disability is inquired of. (R. S. § 1448.) § 2.628. Same; powers and duties—Said retir- ing-board shall be authorized to inquire into and de- termine the facts touching the nature and Occasion of the disability of any such officer, and shall have such powers of a court-martial and of a court of in- quiry as may be necessary. (R. S. § 1449.) § 2629. Same; oath of members—The members Of Said board shall be SWOrn in each case to discharge their duties honestly and impartially. (R. S. § 1450.) § 2630. Same; findings—When said retiring- board finds an officer incapacitated for active serv- ice, it shall also find and report the cause which, in its judgment, produced his incapacity, and whether such cause is an incident of the service. (R. S. § 1451.) § 2631. Same; revision by the President—A record of the proceedings and decision of the board in each case shall be transmitted to the Secretary of the Navy, and shall be laid by him before the Presi- dent for his approval or disapproval, or Orders in the case. (R. S. § 1452.) . - § 2632. Disability; by incident of service— When a retiring-board finds that an Officer is inca- pacitated for active service, and that his incapacity is the result of an incident Of the Service, Such Officer shall, if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter Eight of this Title. (R. S. § 1453.) § 2633. Same; other causes—When said board finds that an Officer is incapacitated for active service and that his incapacity is not the result of any inci- dent of the service, such officer shall, if said decision is approved by the President, be retired from active service on furlough-pay, Or wholly retired from serv- ice with one year’s pay, as the President may deter- mine. (R. S. § 1454.) § 2634. Not to be retired without hearing— No officer of the Navy shall be retired from active service, or wholly retired from the service, without a full and fair hearing before such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, Or On account of age Or length. Of Service, Or on account. Of his failure to be reCOmmended by an examining board for promotion. (R. S. § 1455.) § 2635. Not to be retired for misconduct—No Officer of the Navy shall be placed on the retired list. because of misconduct; but he shall be brought to trial by Court-martial for such misconduct. (R. S. § 1456.) - § 2636. Applications for voluntary retire- ment; defieiency in average vacancies—Officers of the line in the grades Of Captain, COmlmander, and lieutenant-Commander may, by Official application to the Secretary of the Navy, have their names placed on a list which shall be known as the list of “Applicants for voluntary retirement,” and when at the end Of any fiscal year the average vacancies for the fiscal years subsequent to the passage Of this Act above the grade of commander have been less than thirteen, above the grade of lieutenant-Commander less than twenty, above the grade of lieutenant less than twenty- nine, and above the grade of lieutenant (junior grade) less than forty, the President may, in the order of the rank of the applicants, place a sufficient number on the retired list [with the rank and three-fourths the sea pay of the next higher grade, as now exist- ing, including the grade of Commodore, to cause the aforesaid vacancies for the fiscal year then being con- sidered. (March 3, 1899, c. 413, § 8, 30 Stat. 1006.) Text in brackets superseded by § 2653. Retirement of captains, commanders, and lieutenant Commanders on per- centage of pay, see § 2697]h. §. § 2637. [Bepealed.] This section, Act March 3, 1899, c. 413, § 9, 30 Stat. 1006, relating to retirements, was repealed by Act March 3, 1915, c. 83, 38 Stat. 938. § 2637a. Transfer of retired officers to active Iist—That the President be, and he is hereby, all- thorized, within two years Of the date Of the approval & 2638 (Tit. 15 THE NAVY [Page 346] Of this Act, by and with the advice and consent of the Senate, to transfer to the active list of the Navy or Marine Corps any officer who may have been trans- ferred from the active to the retired list Of the Navy under the provisions of section nine of said personnel Act: Provided, That such officer shall be transferred to the place on the active list which he WOuld have held if he had not been retired and shall be carried as an additional number in the grade to which he may be transferred Or at any time thereafter promoted: Provided further, That such officer shall stand a sat- isfactory physical and professional examination as now prescribed by law: And provided further, That any officer transferred to the active list shall not by the passage of this Act be entitled to back pay or al- lowances of any kind. 939.) - § 2638. Applications for voluntary retire- ment; deficiency in average vacancies; rank and pay—Hereafter any officer retired under the provi- Sions of sections eight and nine of the Act approved March third, eighteen hundred and ninety-nine, an Act to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States, shall be retired with the rank and three- fourths the Sea pay Of the grade from which he is retired. (Aug. 22, 1912, c. 335, 37 Stat. 328.) Section 8 of Act March 3, 1899, c. 413, is $ 2636; section 9 was repealed by Act March 3, 1915, c. 83, 38 Stat. 938. § 2639. Grades of retired officers; privileges and liabilities—Officers retired from active service shall be placed on the retired list of officers of the grades to which they belonged respectively at the time of their retirement, and continue to be borne On the Navy Register. They shall be entitled to Wear the uniform of their respective grades, and shall be Subject to the rules and articles for the government Of the Navy and to trial by general Court-martial. The names of officers wholly retired from the service shall be omitted from the Navy Register. (R. S. § 1457.) Pay and allowances of retired officers, see §§ 2641-2643, 2890–2898. Rank of retired officers of staff corps, see §§ 2647, 2648. Holding other office by retired officers, see § 3231. Wearing uniform, see § 1949a. § 2640. Retired rank of officer failing in physical examination—Hereafter, if any officer Of the United States Navy shall fail in his physical ex- annination for promotion and be found incapacitated for service by reason of physical disability contracted in the line Of duty, he shall be retired With the rank to which his seniority entitled him to be promoted. (March 4, 1911, c. 239, 36 Stat. 1267.) § 2641. Retired rank and pay of officers of civil war—Any officer of the Navy, with a creditable record, who served during the civil war, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade. (March 3, 1899, c. 413, § 11, 30 Stat. 1007.) § 2642. Same-Any officer of the Navy not above the grade Of Captain who served with credit as an Of- ficer or as an enlisted man in the regular or volunteer forces during the civil war prior to April ninth, eight- een hundred and sixty-five, Otherwise than as a cadet, and whose name is borne on the official register of the Navy, and who has heretofore been, or may here- after be, retired on account of wounds or disability incident to the service or on account of age or after forty years’ Service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Navy with the rank and retired pay of One grade above that ac- tually held by him at the time of retirement: Pro- vided, That this Act shall not apply to any officer who received an advance of grade at or since the date Of his retirement or who has been restored to the Navy, and placed on the retired list by virtue of the provisions of a special Act of Congress. (June 29, 1906, c. 3590, 34 Stat. 554.) (March 3, 1915, c. 83, 38 Stat. would have been entitled. § 2643. Same; not to deprive officer of in- creased rank and pay—The provisions of the Act approved June twenty-ninth, nineteen hundred and Six, entitled “An act making appropriations for the naval Service for the fiscal year ending June thirtieth, nineteen hundred and seven, and for other purposes,” providing for the retirement in the next higher grade Of Officers of the navy who served during the Civil War, shall not operate to deprive any officer of the navy Who has been, or may be, retired, since the pas- Sage of that Act, of the right to increased rank and pay to which, but for the passage of said Act, he (March 3, 1909, c. 255, 35 Stat. 753.) - º June 29, 1906, c. 3590, mentioned in this section, is § § 2644. Retired rank; rear-admirals retired as captains—Rear-admirals on the retired list of the Navy, who were retired as Captains when the highest grade in the Navy was captain, at the age of sixty-two years, Or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear- admiral, and performed the duties of that grade in time of War, shall be considered as having been re- tired as rear-admirals. (R. S. § 1589.) § 2645. Same; officers retired from position of chief of bureau—Officers who have been or who shall be retired from the position of chiefs of the Bureau of Medicine and Surgery, [of Provisions and Clothing,) of Steam Engineering, or of Construction and Repair, by reason of age or length of service, shall have the [relative] rank of commodore. (R. S. § 1473.) Text in brackets superseded by § 2667. See, also, $$ 2482, 2665, 2666. § .2646. Same; officers who have served as chief of bureau—Any officer of the Navy who is now Serving or shall hereafter serve as Chief of a bureau in the Navy Department, and shall subsequently be retired, shall be retired with the rank, pay and allow- ances authorized by law for the retirement of such bureau chief. (May 13, 1908, c. 166, 35 Stat. 128.) § 2647. Same; officers of certain staff corps— Officers of the Medical, Pay, [and Engineer] Corps, Chaplains, professors of mathematics, and construc- tors, who shall have served faithfully for forty-five years, shall, when retired, have the [relative] rank of commodore; and officers of these several corps who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, On the completion of forty years from their entry into the Service, have the [relative] rank of commodore. (R. S. § 1481.) - Text in brackets superseded by §§ 2476-2482, 2667. § 2648. Same; staff officers retired for causes incident to service—Staff-officers, who have been or Shall be retired for causes incident to the Service be- fore arriving at sixty-two years of age, shall have the same rank on the retired list as pertained to their position on the active list. (R. S. § 1482.) § 2649. Vacancies by retirement—The next Of- ficer in rank shall be promoted to the place of a re- tired officer, according to the established rules of the Service; and the same rule of promotion shall be ap- plied successively to the vacancies consequent upon the retirement of an officer. (R. S. § 1458.) § 2650. Withdrawn from coiuzmand—Officers On the retired list shall be withdrawn from command, eXcept in the case provided in sections fourteen hun- dred and sixty-three and fourteen hundred and sixty- four, and from the line of promotion on the active list. (R. S. § 1459.) - - See §§ 2654, 2655. - (R. S. §§ 1460, 1461. Superseded.) R. S. § 1460, as amended by Act Aug. 15, 1876, c. 302, § 1, 19 Stat. 204, related to retired rear admirals. R. S. § 1461, provided for the promotion of officers on the retired iist. They were superseded by § 2651. § 2651. No promotion or increase of pay— Hereafter there shall be no promotion or increase of Ch. 4) 3 2659a TEIE NAVY IPage 347] pay in the retired list of the Navy but the rank and pay of officers on the retired, list shall be the same that they are When such officers shall be retired. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 286.) § 2652. Active duty—No officer on the retired list of the Navy shall be employed on active duty ex- cept in time of war. (R. S. § 1462.) Employment on river and harbor improvements, see § 3232. Details to educational institutions, see §§ 2289–2295, 2766. § 2653. Same; pay-Hereafter any naval officer On the retired list may, with his consent, in the dis- Cretion of the Secretary Of the Navy, be Ordered to such duty as he may be able to perform at Sea Or on shore, and while so employed in time of peace [shall receive the pay and allowances of an officer of the active list of the same rank: Provided, That no such retired Officer SO employed on active duty shall re- ceive, in time of peace, any greater pay and allow- ances than the pay and allowances which are now or may hereafter be provided by law for a lieutenant Senior grade On the active list of like length of Serv- ice: And provided further, That any such officer Whose retired pay exceeds the highest pay and al- lowances of the grade of lieutenant senior grade, shall, while SO employed in time of peace, receive his retired pay only, in lieu of all other pay and allow- ances]. (Aug. 22, 1912, c. 335, 37 Stat. 329.) Text in brackets superseded by § 2653b. § 2653a. Same; pay—No Officer Who, after having commanded a fleet in active commission, has been retired for age and whom, in the judgment of the Secretary of the Navy, the public interests make it necessary to retain for a time after said retire- ment and who is performing active duty as chairman of the executive committee of the General Board, shall, for the period so retained, suffer any reduction in the emoluments he was receiving at the time of his retirement. (Aug. 29, 1916, c. 417, 39 Stat. 581.) § 2653b. Same; pay—Hereafter any retired Offi- Cer Of the naval service who shall be detailed on ac- tive duty shall, while so serving, receive the active duty pay and allowances of the grade, not above that of lieutenant commander in the Navy or of major in the Marine Corps, that he would have attained in due Course Of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement: Provided, That nothing herein shall be construed to reduce the pay of any retired officer On active duty whose retired pay exceeds the active duty pay and allowances for the grade of lieutenant commander. (Aug. 29, 1916, c. 417, 39 Stat. 581.) § 2654. Same; command of squadrons and ships—In time of war the President, by and with the advice and consent of the Senate, may detail offi- cers on the retired list for the command of squadrons and single ships, when he believes that the good of the service requires that they shall be so placed in command. (R. S. § 1463.) - § 2655. Same; command of squadrons; grades —In making said details the President may select any officer not below the grade of commander and assign him to the COmmand Of a Squadron, with the rank and title of “flag-Officer;” and any officer so as- signed shall have the same authority and receive the same obedience from the commanders of ships in his Squadron holding commissions of an older date than his that he would be entitled to receive if his Com- mission were the oldest. (R. S. § 1464.) § 2656. Same; command of squadrons and ships; restored to active list--Retired officers SO detailed for the Command of squadrons and single ships may be restored to the active list, if, upon the recommendation of the President, they shall receive a Vote of thanks of Congress for their services and gallantry in action against the enemy, and not oth- erwise. (R. S. § 1465.) - transfer to the naval reserve. 2669a. § 2657. Retirement and pay of mates—The law regulating the retirement of warrant officers in the Navy shall be construed to apply to the twenty- eight officers now serving as mates in the Navy, and the said mates shall be entitled to receive annual pay at the rates following: When at sea, one thou- Sand two hundred dollars; On shore duty, nine hun- dred dollars; On leave or Waiting Orders, seven hun- dred dollars: Provided, however, That nothing herein COntained Shall be SO COnStrued as to authorize any increase Of pay for any time prior to the passage of this Act. (Aug. 1, 1894, C. 176, 28 Stat. 212.) See §§ 2067, 2557. § 2.658. Retirement of enlisted men and pet- ty officers—When an enlisted man Or appointed petty officer has served as such thirty years in the United States Navy, either as an enlisted man or petty Offi- cer, or both, he shall, by making application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement; and he shall thereafter receive seventy-five per centum of the pay and allowances of the rank or rating upon which he was retired: Provided, That if said enlisted man or appointed petty Officer had active Service in the Navy Or in the Army Or Marine Corps, either as volunteer or regular, during the civil or Spanish-American war, such war service shall be com- puted as double time in Computing the thirty years necessary to entitle him to be retired: And provided further, That applicants for retirement under this Section shall, unless physically disqualified for serv- ice, be at least fifty years of age. (March 3, 1899, C. 413, § 17, 30 Stat. 1008.) - See §§ 2659, 2893. - § 2659. Same; computation of length of serv- ice–In computing the necessary thirty years’ time for the retirement of petty officers and enlisted men Of the Navy, all service in the Army, Navy, or Marine Corps shall be credited. (June 22, 1906, c. 3518, 34 Stat. 451.) See § 2067. § 2659a. Call into active service of retired enlisted men—The Secretary of the Navy is author- ized in time of war, or when, in the Opinion of the President, war is threatened, to call any enlisted man. On the retired list into active service for Such duty as he may be able to perform. While so em- ployed such enlisted men shall receive the same pay and allowances they were receiving when placed on the retired list: Provided, That enlisted men on the retired list shall not be eligible for enlistment in or (March 3, 1915, c. 83, 38 Stat. 941.) Chapter Four—Rank and Precedence, Promotion and Advancement Sec. OF RANK AND PRECEDENCE 2660. Relative rank of Navy and Army officers. 2660a. Same. 2661. Rank according to date. 2662. Commanding officers of vessels and stations. 2663. Aid Or executive Officer. - 2664. sº officers; communication directly with commanding Oiil CéI". 2 2665. Chiefs of bureaus. 2666. Same; below rank of rear-admiral. 2667. Amendment of Revised Statutes as to relative rank. 2668. Medical Corps. 2669. Assistant surgeons. Same. 2670. Pay Corps. 2671. Naval constructors and assistants. 2672. Civil engineers. 2672a. Officers of Corps of Civil Engineers. 2673. Chaplains. 2674. Same. 2675. Same. 2676. Professors of mathematics; appointments to staff corps. 2677. Graduates of Academy. 2678. Officers of staff corps; precedence by length of service. 2679. Same; precedence by length of service; estimation. 2679a. Same; ranking according to dates of commission. 2680. Same; precedence by length of service; officers subge- quently entering. ź 2660 THE NAVY (Tit. 15 IPage. 348] Sec. § 2662. Commanding officers of vessels and - ; §º: º: command by . stations—Commanding. Officers of vessels Of War and 263. Precedence in processions. of naval stations shall take precedence over all offi- 2684. Ensigns as Steerage officers. - cers placed under their command. (R. S. § 1468.) Reduction in rank of officer of Navy or Marine Corps. § 2663. Aid or executive officer—The Secretary OF PROMOTION AND ADVANCEMENT Physical examination. . - Physical disqualification, by wounds. Examinations, when ; and effect Of. Promotion of ensigns. Promotion of certain line officers; examining board. . . [Superseded.] e - examining board; composi- 2691. Promotion of line officers; tion. 2692. Same; powers of board. 2693. Same; officer may be present and make statement. 2694. Same; record. - - 2695. Same; revision by President. 2696. Same; rejection without examination. 2697. Same; report of recommendation. 2697a. Mode of promotion to grades of commander, captain and rear admiral. * . 2697b. Sanne; board. º 2697c, Same; oath of members of board. - 26976. Same; Secretary of Navy to furnish number of Va- cancies; written communications of candidates. 2697é. Same; recommendations of board. 26971. Same; report of board. 2697g. Same; report; submission to President; reconvening. 2697gg. Same; semiannual computation by Secretary of Navy; convening of board of Rear Admirals; rec- ommendations. 2697h. Promotion of captain, commander, or lieutenant com- Imander. - 2698. Conclusiveness of examination. 2699. Same; re-examination. 2700. Suspension from promotion. 2700a. Promotion laws applicable to advancement of staff of- ſiCerS. - 2700aa. Same; examinations. 2701. Advancement in number. 2701a. Advancement of certain lower grade corps officers. 2701b. Felative position of officers in Medical Corps. 2702. Promotion when grade is full. 2703. Advancement for Spanish war service not to interfere with other promotions; officers advanced carried as additional numbers of grade. 2704. Officers advanced by promotion to be carried as addi- tional numbers of grade. 2705. Officers receiving thanks of Congress. 2706. Same; effect. 2707. Same; vacancies occasioned by death of officers. Warrant officers commissioned chief Warrant Officers. Promotion of certain chief warrant officers. Warrant officers appointed ensigns. Same; number annually. - - - Warrant officers appointed ensigns or chief warrant of- ficerS. 27.08. 2708a. 2709. 2710. 2711. 2712. Machinists commissioned chief machinists. 2712a. Rating of coal passer. 2712b. Rating of printers in Bureau of Navigation. 2713. Medals of honor. 2714. Rosettes and ribbons for holders of medals. 2715. Gratuities and medals of honor to enlisted men. 27.15a. Medals of honor to Officers. OF. RANK AND PRECEDENCE. § 2660. Relative rank of Navy and Army Of- ficers—The relative rank between Officers of the Navy, whether on the active or retired list, and officers of the Army, shall be as follows, lineal rank only being GOnsidered: - - The Vice-Admiral shall rank With [the Lieutenant- General]. º Rear-Admirals with major-generals. Commodores with brigadier-generals. Captains with Colonels. - Commanders with lieutenant-Colonels. Lieutenant-commanders with majors. Lieutenants with Captains. [Masters] with first lieutenants. Ensigns with second lieutenants. As to vice-admirals, see § 2471aa. erals, see § 2090a. As to masters, See § 2472. ºres, see § 2482. § 266Ca. Same—Brigadier generals of the Army shall hereafter rank relatively with rear admirals of the lower half of the grade. (Oct. 6, 1917, c. 105, § 3, 40 Stat. 411.) § 2661. Rank according to date—Line officers shall take rank in each grade according to the dates of their commissions. (R. S. § 1467.) (R. S. § 1466.) As to lieutenant gen- As to COm- As to relative rank generally, see § of the Navy may, in his discretion, detail a line officer to act as the aid or executive of the commanding officer Of a Vessel of war or naval station, which officer shall, When not impracticable, be next in rank to said COmmanding Officer. Such aid or executive shall, While executing the orders of the commanding offi- Cer On board the vessel or at the station, take prece- dence Over all officers attached to the vessel or sta- tion. All Orders of such aid or executive shall be regarded as proceeding from the commanding officer, and the aid or executive shall have no independent * in Consequence of such detail. (R. S. § 469. -- § 2664. Staff officers; communication direct- ly with commanding officer—Staff officers, senior to the Officer so detailed, shall have the right to com- municate directly with the commanding officer. (R. S. § 1470.) - § 2665. Chiefs of bureaus—The chiefs of the Bureau of Medicine and Surgery, [Provisions and Clothing,| Steam Engineering, and Construction and Repair shall have the [relative] rank of [commo- dOre] while holding said position, and shall have, re- Spectively, the title of Surgeon-General, Paymaster- General, Engineer-in-Chief, and Chief Constructor. (R. S. § 1471.) As to relative As to provisions and clothing, see § 623. rank, see § 2667. As to commodores, see §§ 2482, 2666 - R. S. § 1472. Superseded.) This section prescribed the rank of chiefs of bureaus. It was superseded by § 2666. - § 2666. Same; below rank of rear-admiral- When the office of chief of bureau is filled by an Officer below the rank of rear-admiral, said Officer shall, while holding said office, have the rank of rear-admiral. (March 3, 1899, c. 413, § 7, 30 Stat. 1005.) - § 2667. Ameridiment of Revised Statutes as to relative rank—All Sections Of the Revised Stat- utes which, in defining the rank of officers or posi- tions in the Navy, contain the words “the relative rank Of” are hereby amended so as to read “the rank of,” but officers whose rank is so defined shall not be entitled, in virtue of their rank to command in the line or in other staff corps. (March 3, 1899, c. 413, § 7, 30 Stat. 1006.) - § 2668. Medical Corps—Officers of the Medical Corps on the active list Of the Navy shall have [rela- tive] rank as follows: Medical directors, the [relative] rank of Captain. Medical inspectors, the [relative] rank of com- mandel'.” - - **- Surgeons, the [relative] rank of lieutenant-Com- mander or lieutenant. : . . . Passed assistant surgeons, the [relative] rank of lieutenant or [master]. - ASSistant Sürgeons, the [relative] rank Of [master or ensign]. (R. S. § 1474.) - As to relative rank, see § 2667. As to masters and en- signs, see §§ 2472, 2669. Further, as to surgeons, see §§ 2483, 25.11a, 25.11b. - § 2669. Assistant surgeons—Assistant surgeons shall rank with assistant surgeons in the Army. (June 7, 1900, c. 859, 31 Stat. 697.) See §§ 2483, 25.11a, 25.11b, 2669a. § 2669a. Šaime—All assistant surgeons shall from date of their Original appointment take rank and precedence with lieutenants (junior grade). (Aug. 29, 1916, c. 417, 39 Stat. 577.) - § 2670. Pay Corps—Officers of the Pay Corps on the active list Of the Navy shall have [relativel rank as follows: - - Pay directors, the [relative] rank of captain. Pay inspectors, the [relative] rank of commander. Paymasters, the [relative] rank of lieutenant-com- mander or lieutenant. Ch. 4) 3.2684a THE NAVY Passed assistant paymasters, the [relative] rank Of lieutenant Or [master]. - Assistant paymasters, the [relative] rank of [mas- ter] or ensign. (R. S. § 1475.) As to relative rank, see § 2667. 2472. (R. S. § 1476. Superseded.) This section prescribed the relative rank of officers of the Engineer Corps. It was superseded by the provisions of the Navy Personnel Act of March 3, 1899, c. 413, §§ 1-7. See §§ 2476-2482. (R. S. § 1477. Superseded.) This section prescribed the relative rank of naval con- structors. It was superseded by § 2671. § 2671. Naval constructors and assistants— Of the naval Constructors five shall have the rank Of Captain, five of Commander, and all others that Of lieutenant-commander or lieutenant. Assistant naval COInStructOrS Shall have the rank of lieutenant Or lieutenant (junior grade). * * (March 3, 1899, c. 413, § 10, 30 Stat. 1006.) § 2672. Civil engineers—Civil engineers shall have such [relative] rank as the President may fix. (R. S. § 1478.) As to relative rank, see §§ 2667, 2672a. engineers, see $ 2483. § 2672a. Officers of Corps of Civil Engineers —Officers of the Corps of Civil Engineers hereafter appointed shall, from the date of their original ap- pointment, take rank and precedence with Lieuten- ants (junior grade). (March 4, 1917, c. 180, 39 Stat. 1184.) § 2673. Chaplains—Chaplains shall have [rela- tive] rank as follows: Four, the [relative] rank Of captain ; Seven, that Of Commander ; and not more than seven, that of lieutenant-COmmander or lieuten- ant. (R. S. § 1479.) - As to relative rank, see § 2667. § 2674. Same—Naval chaplains, who do not pos- SeSS relative rank, shall have the rank Of lieutenant in the Navy. (March 3, 1899, c. 413, § 13, 30 Stat. 1007.) - § 2675. Same—Naval chaplains hereafter ap- pointed shall have the rank, pay, and allowances Of As to masters, see § Assistant civil lieutenant (junior grade) in the Navy until they shall have completed seven years of service, when they shall have the rank, pay, and allowances of lieuten- ant in the Navy ; and lieutenants shall be promoted, whenever vacancies occur, to the grade of lieutenant- Commander, which shall COnsist Of five numbers, and when SO promoted shall receive the rank, pay, and al- lowances Of lieutenant-COmmander in the Navy: Pro- vided further, That nothing herein contained shall be held Or Construed to increase the number Of Chap- lains as now authorized by law. Or to reduce the rank or pay of any now serving. (June 29, 1906, c. 3590, 34 Stat. 554.) "Acting chaplains, see §§ 2541a-2541c. - § 2676. Professors of mathematics; appoint- ments to staff corps—Professors Of mathematics shall have [relative] rank as follows: Three, the [rela- tive] rank Of Captain ; four, that Of Commander ; and five, that of lieutenant-commander or lieuten- ant. The grades established in the six preceding sec- tions for the staff corps of the Navy shall be filled by appointment from the highest members in each corps, according to seniority ; and new Commissions shall be issued to the Officers SO appointed, in Which the titles and grades established in Said Sections shall be inserted ; and no existing COmmission shall be vacat- ed in the said several staff COrps, except by the is- Sue Of the new Commissions required by the provi- Sions of this section ; and no Officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the provisions of the said six preceding sections: Provided, That the issuing of a new appointment and commission to any officer of the pay Corps under the provisions of this section shall not affect or annul any existing bond, but the Same Shall remain in force, and apply to IPage 3491 e mand. Such new appointment and commission. (R. S. § 1480, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) 2: to relative rank, see § 2667. See, also, $$ 2547a, 2670– § 2677. Graduates of Academy—Graduates of the Naval Academy shall take rank according to their proficiency as shown by their order of merit at the date of graduation. (R. S. § 1483.) See § 2736. (R. S. § 1484. Superseded.) This section provided for precedence in rank of engineer officers graduated at the Naval Academy. It was super- Seded by the provisions of the Navy Personnel Act of March 3, 1899, c. 413, §§ 1-7. See §§ 2674-2682. § 2678. Officers of staff corps; precedence by length of service—The Officers Of the Staff COI pS Of the Navy shall take precedence in their several Corps, and in their several grades, and with officers of the line With whom they hold [relative] rank acCOrding to length of service in the Navy. (R. S. § 1485.) As to relative rank, see § 2667. § 2679. Same; precedence by length of serv- ice; estimation—In estimating the length of Service for such purpose, the several officers of the Staff Corps shall, respectively, take precedence in their several grades and with those officers of the line of the Navy with whom they hold [relative] rank Who have been in the naval service six years longer than Such Officers Of Said Staff Corps have been in Said service; and officers who have been advanced or lost numbers on the Navy Register shall be considered as having gained Or lost length of Service accordingly: Provided, That nothing in this section shall be SO construed as to give to any officer of the staff corps precedence of, or a higher [relative] rank than that Of, another Staff Officer in the same grade and COrpS, and whose Commission in Such grade and COrpS ante- dates that of such officer. (R. S. § 1486, amended, March 3, 1881, c. 150, 21 Stat. 510.) As to relative rank, see § 2667. § 2679a. Same; ranking according to dates of commission—Officers shall take rank in each staff Corps according to the dates of commission in the several grades, excepting in cases where they have gained Or lost numbers. (Aug. 29, 1916, c. 417, 39 Stat. 578.) - § 2680. Same; precedence by length of servº- ice; officers subsequently entering—Section four- teen hundred and eighty-six. Of the Revised Statutes shall not apply in the case of officers who enter the Navy after the passage of this Act and all such offi- CerS Shall take precedence when of the same grade aCCOrding to their respective dates of commission in that grade. (March 4, 1913, c. 148, 37 Stat. 892.) § 2681. Same; quarters—No staff officer shall, in Virtue of his [relative] rank or precedence, have any additional right to quarters. (R. S. § 1487.) As to relative rank, see § 2667. - § 2682. Same; military command by—The Irelative] rank given by the provisions of this chapter to Officer of the Medical, Pay, [and Engineer] Corps shall Confer no authority to exercise military com- (R. S. § 1488.) As to relative rank, see § 2667. See §§ 2476-2482. § 2.683. Precedence in processions—In proces- sions on shore, or courts-martial, summary courts, Courts Of inquiry, boards Of Survey, and all other boards, line and staff officers shall take precedence according to rank. (R. S. § 1489.) § 2684. Ensigns as steerage officers—Ensigns shall be steerage officers, unless assigned to duty as watch and division officers. (R. S. § 1490.) § 2684a. Reduction in rank, of officer of Navy or Marine Corps—Nothing contained in this Act shall be Construed to reduce the rayſk, pay, or allowances of any officer of the Navy or Marine Corps as now provided by law. (Aug. 29, 1916, c. 417, 39 Stat. 579.) - As to Engineer Corps, See §§ 2623a, 2653a, 2653b, 2669a, 2679a. & 2685 (Tit. 15 THE NAVY (R. S. § 1491. Superseded.) This Section provided for assimilated rank for boat- SWains, gunners, carpenters, and sailmakers. It was su- perseded by §§ 2709-2712. (R. S. § 1492. Superseded.) This Section prescribed the relative rank of officers of the Revenue Cutter Service. It was superseded by § 8459%b (6). - OF PROMOTION AND ADVANCEMENT § 2685. Physical examination—No officer shall be promoted to a higher grade on the active list of the Navy, except in the case provided in the next sec- tion, until he has been examined by a board of naval Surgeons and pronounced physically qualified to per- form all his duties at sea. (R. S. § 1493.) Application of section to Marine Corps, see § 2952b. § 2686. Physical disqualification by wounds— The provisions of the preceding section shall not CXClude from the promotion to which he would other- wise be regularly entitled any officer in whose case such medical board may report that his physical dis- Qualification Was OCCaSiOned by Wounds received in the line of his duty, and that such wounds do not in- Capacitate him for Other duties in the grade to which he shall be promoted. (R. S. § 1494.) Application of section to Marine Corps, see § 2952b. § 2687. Examinations, when; and effect of Officers subject to examination before promotion to a grade limited in number by law shall not be entitled to examination in Such a Sense as to give increase Of pay until designated by the Secretary Of the Navy to fill vacancies in the higher grade ; and Officers eligible for promotion to a grade not limited in number shall not be entitled to examination until Ordered to pre- sent themselves for examination or until a Class, in which they are included, has been so Ordered by the Secretary Of the Navy. (R. S. § 1495.) § 2688. Promotion of ensigns—Officers, after , performing three years’ Service in the grade Of en- Sign, shall, after passing the examinations now re- quired by law, be eligible to promotion to the grade of lieutenant (junior grade). (March 3, 1899, c. 413, § 7, 30 Stat. 1005.) - § 2689. Promotion of certain line officers; examining board—No line officer below the grade of [commodore], and no officer not of the line, shall be promoted to a higher grade On the active list Of the Navy until his mental, mOral, and professional fitness to perform all his duties at sea have been establish- ed to the satisfaction of a board of examining officers appointed by the President. (R. S. § 1496.) Text in brackets superseded by § 2482. Promotion of en- gineer officers transferred to the line, see §§ 2479, 2481. Promotions in Staff Corps, see chapter 1 of this Title. Promotion to grades of commander, captain, and rear ad- miral, see $$ 2697a-2697h. § 2690. [Superseded.] This section (R. S. § 1497), relating to promotion to grade of rear admiral, was superseded by §§ 2697a-2697.h. § 2691. Promotion of lime officers; examining board; composition—Such examining board shall Consist Of not leSS than three Officers, Senior in rank to the officer to be examined. (R. S. § 1498.) See § 2689. - - § 2692. Same; powers of board–Said board shall have power to take testimony and to examine all matter On the files and records Of the Navy De- partment relating to any Officer Whose case may be considered by them. The witnesses, when present, shall be SWOrn by the president of the board. (R. S. § 1499.) See § 2689. § 2.693. Same; officer may be present and make statement—Any Officer whose case is to be acted upon by Such examining board shall have the right to be present, if he so desires, and to submit a statement of his Case On oath. (R. S. § 1500.) See § 2689. - § 2694. Same; record—The Statement Of Such officer, if made, and the testimony of the witnesses and his examination shall be recorded. (R. S. § 1501.) See § 2689. - - IPage 3501 § 2695. Same; revision by President—Any matter On the files and records of the Navy Depart- ment, touching each case, which may, in the Opinion Of the board, be necessary to assist them in making up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. (R. S. § 1502.) - - See § 2689. § 2696. Same; rejection without examina- tion–No officer shall be rejected until after such public examination of himself and of the records of the Navy Department in his case, unless he fails, after having been duly notified, to appear before said board. (R. S. § 1503.) See § 2689. § 2697. Same; report of recommendation— Such examining board shall report their recommenda- tion Of any officer for promotion in the following form: “We hereby certify that has the mental, moral, and professional qualifications to per- form efficiently all the duties, both at Sea and on shore, of the grade to which he is to be promoted, and recommend him for promotion.” (R. S. § 1504.) See § 2689. - - - § 2697a. Mode of promotion to grades of comi- mander, captain and rear admiral—Hereafter all promotions to the grades of Commander, Captain, and rear admiral of the line of the Navy, including the promotion of those Captains, Commanders, and lieu- tenant commanders who are, or may be, carried on the Navy list as additional to the numbers Of Such grades, shall be by Selection Only from the next lower respective grade upon the recommendation of a board Of naval officers as herein provided. (Aug. 29, 1916, c. 417, 39 Stat. 578.) See § 2689. - § 26976. Same; board—The board shall consist of nine rear admirals on the active list of the line of the Navy not restricted by law to the performance of shore duty Only, and shall be appointed by the Secretary Of the Navy and Convened during the month of December of each year and as Soon after the first day of the month as practicable. (Aug. 29, 1916, C. 4.17, 39 Stat. 578.) - See § 2689. - § 2697 c. Same; oath of members of board— Each member of said board shall swear, or affirm, that he will, without prejudice or partiality, and having in view Solely the Special fitness of Officers and the efficiency of the naval service, perform the du- ties imposed upon him as herein provided. (Aug. 29, 1916, c. 417, 39 Stat. 578.) . See § 2689. § 26.97d. Same; Secretary of Navy to furnish number of vacancies; written communications of candidates—The board shall be furnished by - the Secretary of the Navy with the number of vacancies in the grades of rear admiral, captain, and Com- mander to be filled during the following calendar year, including the vacancies existing at the time of the convening of the board and those that will occur by operation of law from the date of conven- ing until the end of the next calendar year, and with the names of all officers who are eligible for consid- eration for selection as herein authorized, together with the record of each officer: Provided, That any officer eligible for consideration for selection shall have the right to forward through Official Channels at any time not later than ten days after the convening of said board a written communication inviting at- tention to any matter of record in the Navy Depart- ment COncerning himself which he deems important in the consideration of his case: Provided, That such Communication shall not contain any reflection upon the character, conduct, or motives of or criticism of any officer: Provided further, That no captains, com- manders, Or lieutenant Commanders who shall have had less than four years’ service in the grade in Which he is serving on November the thirtieth of the Ch. 4) . 3 2700a THE NAVY IPage 351] year Of the convening of the board shall be eligible for consideration by the board : Provided further, That the recommendation of the board in the case of officers of the former Engineer Corps who are re- stricted by law to the performance of shore duty Only and in that of officers who may hereafter be assigned to engineering duty only shall be based upon their comparative fitness for the duties prescribed for them by law. Upon promotion they shall be carried as ad- ditional numbers in grade. (Aug. 29, 1916, c. 417, 39 Stat. 578.) See § 2689. § 2697e. Same; recommendations of board— - The board shall recommend for promotion a number of officers in each grade equal to the number Of Va- Cancies to be filled in the next higher grade during the following calendar year: Provided, That no offi- cer shall be recommended for promotion, unless he shall have received the recommendation of not less than six members of said board. (Aug. 29, 1916, C. 4.17, 39 Stat. 579; May 22, 1917, c. 20, § 14, 40 Stat. 87.) - See § 2689. This section was repealed in part by a pro- vision of Act May 22, 1917, c. 20, § 14, by omitting a pro- viso that the increase in the number of Captains should be not more than 10 in any one year. § 2697 f. Same; report of board—The report of the board shall be in writing signed by all of the members and shall certify that the board has care- fully considered the Case of every officer eligible for COInsideration under the provisions of this law, and that in the Opinion of at least six of the members, the officers therein recommended are the best fitted of all those under’ consideration to assume the duties Of the next higher grade, except that the recommenda- tion Of the board in the Case Of Officers Of the former Engineer Corps who are restricted by law to the per- formance of shore duty only, and in that of Officers who may hereafter be assigned to engineering duty only, shall be based upon their comparative fitness for the duties prescribed for them by law. (Aug. 29, 1916, c. 417. 39 Stat. 579.) See § 2689. § 2697 g. Same; report; submission to Pres- ident; reconvening—The report of the board shall be submitted to the President for approval or dis- approval. In case any officer or officers recommended by the board are not acceptable to the President, the board shall be informed Of the name of Such officer Or Officers, and shall recommend a number of officers equal to the number of those found not acceptable to the President and if necessary shall be reconvened for this purpose. When the report of the board shall have been approved by the President, the officers rec- Ommended therein shall be deemed eligible for Se- lection, and if promoted shall take rank with One another in accordance with their seniority in the grade from which promoted: Provided, That any of | ficers So selected shall prior to promotion be subject in all respects to the examinations prescribed by law for Officers promoted by seniority, and in case of failure to pass the required professional examination Such Officer shall thereafter be ineligible for selection and promotion. And should any such officer fail to pass the required physical examination he shall not be considered, in the event of retirement, entitled to the rank of the next higher grade. (Aug. 29, 1916, c. 417, 39 Stat. 579.) - See § 2689. § 2697gg. Same; sermiannual computation by Secretary of Navy; convening board of Rear Ad- mirals; recommendations—During the period of the present War the computations to be made by the Secretary of the Navy as prescribed by the act of August twenty-ninth, nineteen hundred and sixteen, Shall be made semi-annually as of July first and Jan- uary first of each year and at such other times as he may deem necessary; and the Board of Rear Ad- mirals for selection for promotion prescribed in said Act may be convened at such times as the exigencies Of the service may require and shall recommend for promotion Such number of Officers as the Secretary Of the Navy may prescribe to fill vacancies in the several grades as provided by existing law. (May 22, 1917, C. 20, § 6, 40 Stat. 86.) See § 2689. - § 2697 h. Promotion of captain, commander, or lieutenant commander—On and after June thir- tieth, nineteen hundred and twenty. no Captain, COm- mander, or lieutenant Commander shall be promoted unless he has had not less than two years’ actual Sea service on sea-going ships in the grade in Which Serv- ing or who is more than fifty-six, fifty, or forty-five years of age, respectively: Provided, That the quali- fication of Sea Service shall not apply to Officers re- stricted to the performance of engineering duty Only: Provided further, That captains, commanders, and lieutenant commanders who become ineligible for pro- motion. On account of age shall be retired. On a per- Centage of pay equal to two and one-half per centuln of their shore-duty pay for each year of service: Pro- vided further, That the total retired pay shall not ex- Ceed Seventy-five per centum Of the shore-duty pay they were entitled to receive while On the active list. (Aug. 29, 1916, c. 417, 39 Stat. 579.) - See § 2689. § 2698. Conclusiveness of examination—Here- after in the examination of Officers in the Navy for promotion no fact which occurred prior to the last examination of the candidate whereby he was pro- moted, which has been enquired into and decided upon, Shall be again enquired into, but such previous examination, if approved, shall be conclusive, unless; Such fact continuing shows the unfitness Of the Offi- Cer to perform all his duties at sea. (June 18, 1878, c. 267, § 1, 20 Stat. 165.) § 2.699. Same; re-examination—The President of the United States may in cases wherein the rule herein prescribed has been violated order and direct the re-examination of the same. (June 18, 1878, c. 267, § 2, 20 Stat. 166.) i § 2700. Suspension from promotion—Any of— ficer of the Navy on the active list below the rank of commander who, upon examination for promotion, is found not professionally qualified, shall be suspended from promotion for a period of six months from the date of approval of said examination, and shall suffer a loSS Of numbers equal to the average six months’ rate of promotion to the grade for which said officer is undergoing examination during the five fiscal years next preceding the date Of approval of said examina- tion, and upon the termination of said suspension from promotion he shall be reexamined, and in Case of his failure upon such reexamination, he shall be dropped from the service with not more than one year’s pay: Provided, That the provisions of this Act shall be effective from and after January first, nine- teen hundred and eleven. (R. S. § 1505, amended, March 11, 1912, c. 55, 37 Stat. 73.) § 2700a. Promotion laws applicable to ad- vameenment of staff officers—Hereafter all laws re- lating to the examination of officers of the Navy for promotion shall be COnstrued to apply to the regular advancement Of Staff Officers to higher ranks On the active list, the same as though such advancements in rank were promotions to higher grades: Provided, That nothing in this paragraph shall be construed as in any way affecting the Original appointment of Of- ficers to the Dental Corps as provided in the Act ap- proved August twenty-ninth, nineteen hundred and sixteen, making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hun- dred and Seventeen, and for other purposes, and the time served by dental surgeons as acting" or acting assistant dental Surgeons shall be reckoned in com- puting the increased service pay and service for pro- motion. Of Such as are commissioned under said Act. (March 4, 1917, c. 180, 39 Stat. 1182.) 3 2700aa [Tit. 15 THE NAVY § 2700aa... Same; examinations—Hereafter all laws relating to the examination of officers of the Navy for promotion shall be construed to apply to the regular advancement Of Staff Officers to higher ranks on the active list the same as though Such ad- Vancements in rank Were promotions to higher grades: Provided, That examinations for such staff officers shall not be required except for such regular advance- ments in rank: be, and he is hereby, authorized to direct the Secre- tary of the Navy to take such action. On the records of proceedings Of naval examining boards and boards : Of naval Surgeons for the promotion of Officers of the Navy as is now required by law to be taken by the President. (May 22, 1917, c. 20, § 20, 40 Stat. 89.) § 2701. Advancement in number—Any officer Of the Navy may, by and with the advice and consent Of the Senate, be advanced, not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary heroism; and the rank of officers shall not be changed except in accordance with the provisions of existing law, and by and with the advice and consent Of the Senate. (R. S. § 1506, amended, June 17, 1878, c. 260, 20 Stat. 143.) See §§ 2703, 2704. - - § 2701 a. Advancement of certain lower grade Corps officers—Officers of the lower grades of the Medical Corps, Pay Corps, Construction Corps, and Corps of Civil Engineers shall be advanced in rank up to and including the rank of lieutenant command- er with the officers of the line with whom or next after whom they take precedence under existing law. (Aug. 29, 1916, c. 417, 39 Stat. 576.) § 2701b. Relative position of officers in Medi- cal Corps—Nothing contained in the Act of August twenty-ninth, nineteen hundred and sixteen, shall Op- erate to disturb the relative position of officers in the Medical Corps with reference to precedence or promotion, but all Such Officers otherwise qualified Shall be advanced in rank with Or ahead Of Officers in said corps who were their juniors on the date of said Act. (May 22, 1917, c. 20, § 17, 40 Stat. 89.) § 2702. Promotion when grade is full–Any of— ficer who is nominated to a higher grade by the pro- visions of the preceding section, shall be promoted, Inotwithstanding the number of said grade may be full ; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law. (R. S. § 1507.) § 2703. Advancement for Spanish war service riot to interfere with other promotions; officers advanced, carried as additional numbers of grade —The advancement in rank of officers of the Navy and Marine Corps, whensoever made, for service ren- dered during the War with Spain, pursuant, respec- tively, to the provisions of sections fifteen hundred and Six and Sixteen hundred and five Of the Revised Statutes, shall not interfere with the regular promo: tion of officers otherwise entitled to promotion, but officers so advanced, by reason of war service, shall, after they are promoted to higher grades, be carried thereafter as additional to the numbers of each grade to which they may at any time be promoted ; and each such officer shall hereafter be promoted in due course, Contemporaneously with and to take rank next after the Officer immediately above him ; and all advance- ments made by reason of war service shall be appro- priately so designated upon the Official Navy list: Provided, however, That no promotion shall be made to fill a vacancy occasioned by the promotion, retire- ment, death, resignation, or dismissal of any officer who, at the time of such promotion, retirement, death, resignation, Or dismissal, is an additional member of his grade under the foregoing provisions. (March 3, 1901, c. 852, 31 Stat. 1108.) See §§ 2701. 2922. § 2704. . Officers advanced by promotion, to be carried as additional numbers of grade—Officers of the Navy and Marine Corps advanced in rank for eminent and Conspicuous conduct in battle or extraor- * IPage 3521 dinary heroism, and who since such advancement have been or may hereafter be promoted, shall from Provided further, That the President with Creditable records, the date of the passage of this act be carried as addi- tional numbers of each grade in which they serve. (June 16, 1906, c. 3338, 34 Stat. 296.) See § 2703. * . . . § 2705. Offieers receiving thanks of Congress —Any line officer, whether of volunteers or of the reg- ular Navy, may be advanced one grade, if, upon rec- Ommendation of the President by name, he receives the thanks of Congress for highly distinguished con- duct in conflict with the enemy or for extraordinary heroism in the line of his profession. (R. S. § 1508.) § 2706. Same; effect—A vote of thanks by Con- greSS to any officer of the Navy shall be held to affect Such Officer only; and whenever, as an incident there- of, an Officer who would otherwise be retired is re- tained on the active list, such retention shall not in- terfere . With the regular promotion of others who Would otherwise have been entitled by law to promo- tion. (R. S. § 1509.) § 2707. Same; vacancies occasioned by death of officers—No promotion shall be made to fill a va- cancy occasioned by the final retirement, death, resig- nation, or dismissal of an officer who has received a Vote Of thanks, unless the number of officers left in the grade where the vacancy occurs shall be less than the number authorized by law. (R. S. § 1510.) § 2708. Warrant officers commissioned chief warrant officers—Boatswains, gunners, Carpenters, and Sailmakers shall after [ten] years from date of Warrant, be commissioned chief boatswains, chief gun- ners, Chief carpenters, and chief Sailmakers, to rank With but after ensign : [Provided, That the chief boatswains, chief gunners, chief Carpenters, and Chief Sailmakers shall on promotion have the same pay and allowances as are now allowed a second lieutenant in the Marine Corps: Provided, That the pay of boat- SWains, gunners, Carpenters and sailmakers shall be the Same as that now allowed by law : Provided, further, That nothing in this Act shall give additional rights to quarters on board ship or to COminand, and that immediately after the passage of this Act boat- SWains, gunners, carpenters and sailmakers, who have served in the Navy as such for fifteen years, shall be Commissioned in accordance with the provisions of this Section, and thereafter no warrant officer shall be promoted until he shall have passed an examina- tion before a board of chief boatswains, chief gun- ners, Chief carpenters and chief sailmakers, in ac- Cordance with regulations prescribed by the Secre- tary of the Navy. (March 3, 1899, c. 413, § 12, 30 Stat. 1007.) Six years’ service, see § 2711. Other text in brackets Superseded by § 2708a. Assimilated rank to warrant offi- cers, see § 2709. Machinists as chief machinists, see § 2712. § 2708a. Promotion of certain chief warrant officers—Hereafter chief boatswains, chief gunners, chief machinists, chief carpenters, chief sail makers, Chief pharmacists, and chief pay clerks, on the active list with Creditable records, shall, after six years from date of commission, receive the pay and allow- ances that are now or may hereafter be allowed a lieutenant (junior grade), United States Navy: Pro- vided, That chief boatswains, chief gunners, chief machinists, chief carpenters, chief sail makers, chief pharmacists, and chief pay clerks, on the active list shall, after twelve years from date of Commission, receive the pay and allow- ances that are now Or may hereafter be allowed a lieutenant, United States Navy. (Aug. 29, 1916, c. 4.17, 39 Stat. 578.) - See § 2708. § 2709. Warrant officers appointed ensigns— - Whenever, in view of the vacancies in the grade of ensign on July thirtieth of any year unfilled by grad- uates Of the Naval Academy, the Secretary of the Navy shall so recommend, the President may appoint to that grade, as of July thirtieth, from among tha boats Wains, gunners, or [Warrant] machinists, not Ch. 5) 3 2715a THE NAVY [Page 353] - exceeding [six] in any one calendar year. No person shall be so appointed who is over thirty-five years of age; who has served less than [six] years as a War- rant Officer; Who is liot recommended by a command- ing officer under whom he has served ; nor until he shall have passed. Such Competitive examination as may be prescribed by the Navy Department. (March 3, 1901, c. 852, 31 Stat. 1129.) Text in brackets superseded by §§ 2558, 2710, 2711. - § 27 10. Same; number annually—Hereafter in each calendar year there may, under the restrictions imposed by existing law, be appointed from the boat- SWains, gunners, Navy twelve ensigns. Stat. 1197.) Text in brackets superseded by § 2558. § 2711. Warrant officers appointed ensigns, or chief warrant officers—Subject to the restric- tions imposed by existing law, boatswains, gunners, and ſwarrant] machinists shall be eligible for ap- pointment to the grade of ensign after four years' service as warrant officers, and boatswains, gunners, Carpenters, and sailmakers shall be eligible for ap- pointment as chief boatswains, chief gunners, chief carpenters, and chief sailmakers after six years from date of warrant. (April 27, 1904, c. 1622, 33 Stat. 346.) Text in brackets superseded by § 2558. - . § 2712. Machinists commissioned chief ma- chinists—All machinists shall, after six years from date of Warrant, be commissioned chief machinists, to rank With, but after, ensign, and shall, on promotion, have the same pay and allowances as are allowed chief boatswains, chief gunners, chief carpenters, and chief Sailmakers, and no machinist shall be promoted until (March 3, 1903, c. 1010, 32 he shall have passed such examination before a board. as the Secretary Of the Navy may prescribe, and no warrant officer, heretofore or hereafter promoted six . years from date of warrant, shall suffer a reduction in pay which, but for such promotion, would have been received by him: Provided, That chief boat- swains, chief gunners, and chief machinists shall be eligible for appointment to the grade of ensign under the restrictions imposed by law upon the appointment of boatswains, gunners, and warrant machinists to that grade. (March 3, 1909, c. 255, 35 Stat. 771.) See §§ 2708-2711. § 27.12a. Rating of coal passer---The designa- tion of the rating of coal passer be changed to fire- man, third class, and that of ordinary seaman to sea- (Aug. 29, man, second class, without change of pay. 1916, c. 417, 39 Stat. 575.) § 27.12b. Rating of printers in Bureau of Navigation—The Bureau of Navigation be authorized under rules established for the advancement of other enlisted men, to advance printers to the ratings of printer, first class, and chief printer, which ratings are hereby authorized With Same pay and increases allowed to yeomen, first Class, and Chief yeomen, re- spectively. (Aug. 29, 1916, c. 417, 39 Stat. 575.) § 2713. Medals of honor—That the Secretary of the Navy be, and is hereby, authorized to cause two hundred “medals of honor” to be prepared, with suit- able devices, which shall be bestowed upon such petty officers, seamen, landsmen, and marines as shall most distinguish themselves by their gallantry in action and other seamanlike qualities during the present war. (Dec. 21, 1861, c. 1, § 7, 12 Stat. 330.) - See §§ 2559, 2714, 2715, 2715a. “Army and Navy medal of honor roll,” see §§ 1941a–1941d. § 2714. Rosettes and ribbons for holders of medals—That the Secretary of the Navy be, and he is hereby, authorized to issue to any person to whom a medal of honor has been a Warded, Or may hereafter be awarded, under the provisions of the Acts approv- ed December twenty-first, eighteen hundred and sixty- one, and July sixteenth, eighteen hundred and sixty- two, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal ; Said rosette or knot and ribbon to be each of a pattern to be pre- COMP.ST.’18—23 . : and [warrant] machinists of the scribed and established by the President of the Unit- ed States, and any appropriation that may hereafter be available for the contingent expenses of the Navy Department is hereby made available for the purpos- es Of this Act : Provided, That whenever a ribbon issued under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, with- out fault or neglect on the part of the person to whom it was issued, the Secretary of the Navy shall cause a new ribbon to be issued to Such person without charge therefor. (May 4, 1898, No. 30, 30 Stat. 741.) See § 2559. - § 2715. Gratuities and medals of honor to enlisted men—Any enlisted man Of the Navy or Marine Corps who shall have distinguished himself in battle or displayed extraordinary heroism in the Iine of his profession shall, upon the recommendation Of his commanding officer, approved by the flag-offi- cer and the Secretary of the Navy, receive a gratuity and medal of honor as provided for seamen in section fourteen hundred and seven of the Revised Statutes. (March 3, 1901, c. 850, 31 Stat. 1099.) § 2715a. Medals of honor to officers—The Pres- ident of the United States is hereby empowered to prepare a suitable medal Of honor to be awarded to any officer of the Navy, Marine Corps, or Coast. Guard who shall have distinguished himself in battle or dis- played extraordinary heroism in the line of his pro- fession. (March 3, 1915, c. 83, 38 Stat. 931.) Chapter Five—The Naval Academy Sec. - - - 2716. Where established. 2717. Title of students. 2718. Same. • ‘ 2719. Same. 2720. Number of midshipmen. - 2721. Midshipman from Porto Rico. 2721a. Filipinos designated for instruction; pay and allow- a. El CeS. w 2722. Admission of foreigners. 2723. [Expired by limitation.] - 2724. Increase of number of midshipmen. 2725, 2726. [Superseded.] - - 2726a. Increase of number of midshipmen. . 2726.a.a. Same; temporary increase. . . . . 2726b. Same; increase of appointments by President and Sec- - retary of Navy. 2726bb. Same; increase of appointments by Secretary of . Navy. - - 2726c. Same; further increase. 2727. Nomination of candidates. 2728. Examination of candidates. 2729. Second recommendation. 2730. Qualifications; residence; age. 2731. Same; age. - 2732. Same; age. Same; age. 2733. Appropriations, how applied. . Midshipmen found deficient. 2735. Academic course. y 2736. Same; promotion on graduation. Same; promotion on graduation. Same; temporary reduction. 2737aa. Same; temporary reduction. 2738. Promotion on graduation. . 2739. Studies on Sunday. 2740. Special course. 2741. General courts-martial. 2742. Hazing; trial by court-martial; punishment. 2743. Same; rules to prevent; punishment. - 2744. IDismissal of midshipmen. - : repeal of acts; procedure and punishment; 2745. Hazing; single act. - 2746. Same; trial by court-martial; punishment. 2747. Same; offense defined. - 2748. Report of violations of act or regulations. 2748a. Professors and instructors; compensation, 2749. Store-keeper. - 2750. Same; returns of property. 2751. Same; inspection of accounts. - 2752. Professors of ethics, Spanish, and drawing. 2753. Assistant professors; title and pay. 2754. Same; pay. 2755.. [Superseded.] . . 2756. Board of Visitor to Academy. Same; appointment; compensation. 2757. Same; use of appropriation for expenses. Žišš. Band; composition and pay, s; composition and appointment; visits § 2716 (Tit. 15 THE NAVY IPage 3541 - Sec. 2759. Same; 2760. Commissary department; enlistment of members; credit for prior service additional payments to Serv- a, Ill.S. 2761. Chapel; restriction on use of crypt and Window Spaces. § 2716. Where established—The Naval Acade- my shall be established at Annapolis, in the State of Maryland. (R. S. § 1511.) - § 2717. Title of students—The students at the Naval Academy shall be styled ſcadet] midshipmen. (R. S. § 1512.) Designation changed to “Naval cadets” by § 2718; to “midshipmen” by § 2719. § 2718. Same--Hereafter there shall be no ap- pointments of cadet-midshipmen or cadet-engineers at the Naval Academy, but in lieu thereof naval Cadets shall be appointed from each Congressional district and at large, as now provided by law for Cadet-mid- shipmen, and all the undergraduates at the Naval Academy shall hereafter be designated and called [“naval Cadets.”] (Aug. 5, 1882, c. 391, § 1, 22 Stat. 285.) Designation changed to “midshipmen” by then § 2719. § 2719. Same—The title “naval cadet” is hereby changed to “midshipman.” (July 1, 1902, c. 1368, 32 Stat. 686.) See §§ 2717, 2718. § 27:20. Number of midshipmen—There shall be allowed in said academy (One) [Cadet-] midshipman for every Member or Delegate of the House of Rep- resentatives, (one) for the District of Columbia, and (ten) appointed at large : (Provided, however, That there shall not be at any time more in Said academy appointed at large than ten ; but the provisions of this section shall not be COnstrued to apply to [Cadet-] midshipmen appointed at large now in Said academy.) (R. S. § 1513, amended, June 17, 1878, c. 260, 20 Stat. 143.) - Text in brackets superseded by § 2719. For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see §§ 2724, 2726a–2726c. § 2721. Midshipman from Porto Rico—Here- after there shall be at the Naval Academy One mid- shipman from Porto Rico, who shall be a native of $aid island, and whose appointment shall be made by the President. On the recommendation Of the governor of Porto Rico. (March 3, 1903, c. 1010, 32 Stat. 1198.) See §§ 2726a, 2726c. § 2721a. Filipinos designated for instruction; pay, and allowanaees—Hereafter the Secretary of the Navy is authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Governor General Of the Philippine Islands, to receive instruction at the United States Naval Academy at Annapolis, Maryland: Provided, That the Filipinos undergoing instruction, as herein authorized, shall re- ceive the same pay, allowances, and emoluments, to be paid out of the same appropriations, and shall be Subject to the same rules and regulations governing admission, attendance, discipline, resignation, dis- charge, dismissal, and graduation as are authorized by law and regulation for midshipmen appointed from the United States, but the Filipino midshipmen here- in authorized shall not be entitled to appointment to any commissioned office in the United States Navy by reason of their graduation from the Naval Acade- my. (Aug. 29, 1916, c. 417, 39 Stat. 576.) § 2722. Admission of foreigners—No person Shall be admitted for instruction at the Naval Academy Bat Annapolis from any foreign country except upon authority of law hereafter enacted. (June 29, 1906, c. 3590, 34 Stat. 577.) § 2723. [Expired by limitation.] This section, which was a provision of Act July 1, 1902, c. 1368, 32 Stat. 686, provided for a temporary increase (until 1914) in the number of midshipmen. § 2724. Increase of number of midshipmen-- ¥here shall be allowed at the Naval Academy [two) midshipmen for each Senator, Representative, and Delegate in Congress, two for the District of Colum- bia, and [five] each year at large : [Provided, That the additional Congressional appointments authorized by this Act shall be made at such times as may be de- termined by the Secretary of the Navy, who shall equitably distribute the increase among the Several States, Districts, and Territories, so that ultimately, if practicable, each Senator, trepresentative, and Del- egate may recommend for appointment during each Congress one midshipman.] (March 3, 1903, c. 1010, 32 Stat. 1197.) For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see §§ 2726a–2726c. See, also, §§ 2720, 2721. §§ 2725, 2726. [Superseded.] Section 2725 (a provision of Act March 3, 1903, c. 1010, 32 Stat. 1198) provided that § 2724 should be operative until June 30, 1914, and that thereafter one midshipman should be appointed for each Senator, Representative, and Dele- gate in Congress. It was superseded by §§ 2726a–2726C. Section 2726 (a provision of Act July 9, 1913, c. 5, 38 Stat. 103) provided for a temporary increase in the number of midshipmen until June 30, 1919. It was Superseded by §§ 2776a–2726c. R. S. § 1514, as amended, Act July 26, 1894, c. 165, § 1. Superseded.) This section related to nominations of candidates to fill vacancies in the Academy. It was superseded by §§ 2727, 2737. § 2726a. Inerease of number of midshipmen- Hereafter there shall be allowed at the United States Naval Academy three midshipmen for each Senator, Representative, and Delegate in Congress, One for Porto Rico, two for the District of Columbia, [ten] appointed each year at large, and [fifteen] appointed annually from enlisted men of the Navy as now all- thorized by law. (Feb. 15, 1916, c. 24, § 1, 39 Stat. 9.) For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see §§ 2726aa-2726C. See, also, §§ 2720, 2721, 2724. § 2726.a.a. Same; temporary increase-In addi- tion to the number of midshipmen now authorized by law, there shall be appointed during the period from the date of passage of this Act until September first, nineteen hundred and eighteen, One additional mid- shipman for each Senator, Representative, and Dele- gate in Congress. Nominations shall be made for these vacancies by the Senators, Representatives, and Delegates concerned for any regular or Special exami- nation that may be ordered before that date. (April 25, 1917, c. 8, 40 Stat. 38.) For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see §§ 2726b-2726c. See, also, §§ 2720, 2721, 2724, 2726a. § 272.6b. Same; increase of appointments by President and Secretary of Navy—Hereafter in ad- dition to the appointment of midshipmen to the Unit- ed States Naval Academy, as now prescribed by law, the President is hereby allowed fifteen appointments annually instead of ten as now prescribed by law, and the Secretary of the Navy is allowed twenty-five ap- pointments annually, instead of fifteen as now pre- scribed by law, the latter to be appointed from the enlisted men of the Navy who are citizens of the United States, and not more than twenty years Of age on the date of entrance to the Naval Academy, and who shall have served not less than One year as enlisted men on the date of entrance: Provided, That such appointments shall be made in the order of merit from candidates who have in competition with each other passed the mental examination now or hereafter required by law for entrance to the Naval Academy, and who passed the physical exami- nations required before entrance under existing laws. (Aug. 29, 1916, c. 417, 39 Stat. 576.) For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see §§ 2726bb, 2726c. See, also, §§ 2720, 2721, 2724, 2726a, 2726.a.a. § 2726 bb. Same; increase of appointments by Secretary of Navy—Hereafter, in addition to the appointment of midshipmen to the United States Naval Academy, as now prescribed by law, the Secretary of the Navy is allowed one hundred appointments Ch. 5) 3 2737aa THE NAVY [Page 355] annually, instead of twenty-five as now prescribed by law, to be appointed from the enlisted men of the Navy who are citizens of the United States, and not more than twenty years of age on the date Of en- trance to the Naval Academy, and who shall have served not less than one year as enlisted men. On the date of entrance: Provided, That such appointments shall be made in the Order Of merit from Candidates who have, in competition with each other, passed the lmental examination now Or hereafter required by law for entrance to the Naval Academy, and who passed the physical examination before entrance under exist- ing laws. (March 4, 1917, c. 180, 39 Ståt. 1182.) For changes in the number of midshipmen authorized, superseding this section as to the number of midshipmen authorized to be appointed, see § 2726c. See, also, §§ 2720, 2721, 2724, 2726a, 2726aa, 2726b. - § 2726c. Same; further increase—Hereafter there shall be allowed at the United States Naval Academy five midshipmen for each Senator, Repre- sentative, and Delegate in Congress, One for POrto Rico, two for the District of Columbia, fifteen ap- pointed each year at large, and one hundred appoint- ed annually from enlisted men of the Navy, as now authorized by law. (Dec. 20, 1917, c. 5, § 1, 40 Stat.) See §§ 2720, 2721, 2724, 2726a–2726bb. - § 2727. Nomination of candidates—Hereafter the Secretary of the Navy shall, as soon as possible after the first day of June of each year preceding the graduation of midshipmen in the succeeding year, notify in writing each Senator, Representative, and Delegate in Congress of any vacancy that will exist at the Naval Academy because of such graduation, or that may occur for other reasons and which he shall be entitled to fill by nomination of a Candidate and one or more alternates therefor. The nomination of a candidate and alternate or alternates to fill Said vacancy shall be made upon the recommendation of the Senator, Representative, or Delegate, if Such rec- ommendation is made by the fourth day of March of the year following that in which said notice in writing is given, but if it is not made by that time the Secretary of the Navy shall fill the vacancy by appointment of an actual resident of the State, Con- gressional district, or Territory, as the case may be, in which the vacancy will exist, who shall have been for at least two years immediately preceding the date Of his appointment an actual and bona fide resident of the State, Congressional district, or Territory in which the vacancy will exist and of the legal qualification under the law as now provided. In Cases where by reason of a vacancy in the membership of the Sen- ate Or House of Representatives, or by the death Or declination of a candidate for admission to the acad- emy there occurs or is about to occur at the academy a vacancy from any State, district, or Territory that can not be filled by nomination as herein provided, the same may be filled as soon thereafter and before the final entrance examination for the year as the Secretary of the Navy may determine. The candi- dates allowed for the District of Columbia and all the Candidates appointed at large, together with al- ternates therefor, shall be selected by the President within the period herein prescribed for nomination of other candidates. (June 29, 1906, c. 3590, 34 Stat. 578.) § 2728. Examination of candidates—All candi- dates for admission into the Academy shall be ex- amined according to such regulations and at such stated times as the Secretary of the Navy may pre- Scribe. Candidates rejected at Such examination shall not have the privilege of another examination for admission to the same Class, unless recommended by the board of examiners. (R. S. § 1515.) § 2729. Second recommendation—When any Candidate who has been nominated upon the recom- mendation of a Member or Delegate of the House of Representatives is found, upon examination, to be physically or mentally disqualified for admission, the Member or Delegate shall be notified to recommend missioned ensigns. another candidate, who shall be examined according to the provisions of the preceding section. (R. S. § 1516.) # See § 2727. § 2730. Qualifications;.. residence; age—Candi- dates allowed for congressional districts, for Terri- tories, and for the District of Columbia must be actual residents of the districts or Territories, respectively, from which they are nominated. And all candidates must, at the time of their examination for admission, be between the ages of [fourteen] and [eighteen] years, and physically SOund, Well formed, and Of robust Con- stitution. (R. S. § 1517.) * Text in brackets superseded by §§ 2731, 2732, 2732a. § 2731. Same; age—After the fourth day of March, eighteen hundred and eighty-nine, the mini- mum age Of admission of Cadets to the Academy Shall be [fifteen] years and the maximum age twenty years. (March 2, 1889, c. 396, § 2, 25 Stat. 879.) See §§ 2730, 2732, 27.32a. § 2732. Same; age—After January first, nineteen hundred and four, all candidates for admission to the Naval Academy at the time of their examination must be between the ages of sixteen and twenty years. (March 3, 1903, c. 1010, 32 Stat. 1198.) See §§ 2730, 2731, 2732a. § 27.32a. Šarºle; age—Hereafter all candidates for admission to the Naval Academy must be not less than sixteen years Of age nor more than twenty years of age on April first of the calendar year in which they enter the academy: Provided, That the foregoing shall not apply to candidates for midship. men designated for entrance to the academy in nine- teen hundred and eighteen. (May 14, 1918, c. 73, 40 Stat.) See §§ 2730-2732. § 2733. Appropriations, how applied—No mon- ey appropriated for the support of the Naval Academy shall be applied to the support of any midshipman appointed otherwise than in strict conformance with the provisions of this chapter. (R. S. § 1518.) § 2734. Midshipmen found deficient—[Cadet] midshipmen found deficient at any examination shall not be continued at the Academy or in the service unless upon the recommendation of the academic board. (R. S. § 1519.) Text in brackets superseded by § 2719. § 2735. Academic course—The academic course of ſcadet] midshipmen shall be [six] years. (R. S. § 1520.) . - - Academic course reduced to four years by § 2737; tem- porary reduction to three years by §§ 2737a, 2737aa. The title “cadet midshipmen” changed to “naval cadet” by § 2718, and to “midshipman” by § 2719. § 2736. Saxme; promotion on graduation— When ſcadet] midshipmen shall have passed success- fully the graduating examination at the Academy, they shall receive [appointments as midshipmen] and shall take rank according to their proficiency as shown by the Order of their merit at date of gradua- tion. (R. S. § 1521.) - See §§ 2736, 2737, 2738. § 2737. Saime; promotion on graduation-- That the course at the Naval Academy shall be four years, and midshipmen on graduation shall be com- (March 7, 1912, c. 53, 37 Stat. 73.) See §§ 2735, 2736, 2737a, 2737aa, 2738. § 2737a. Sayme; temporary reduction—The President, in his discretion, is authorized to reduce the Course of instruction at the Naval Academy from four to three years for a period of two years from the date of the approval of this Act, and may during said two years graduate classes which have Completed a three-year course. (March 4, 1917, C. 180, 39 Stat. 1182.) See § 2737aa. § 2737 a.a. Same; temporary reduction—That the President be, and he is hereby, authorized, until August first, nineteen hundred and twenty-one, to reduce, in his discretion, the COurse of instruction at the United States Navāl Academy from four to three years and to graduate classes which have com: 3 2738 (Tit. 15 THE NAVY IPage 356] pleted Such reduced courses of instruction. 2, 1918, c. 40, 40 Stat.) § 2738. Promotion on graduation—Midshipmen On graduation shall be Commissioned enSigns in the Navy, or may be assigned by the Secretary Of the Navy to fill vacancies in the lowest commissioned grades of the Marine Corps Or Staff Corps Of the Navy. (July 9, 1913, c. 5, 38 Stat. 103.) See §§ 2736, 2737. - (R. S. §§ 1522–1525. Superseded.) These sections provided for the education at the Acad- emy of cadet engineers. They were superseded, with Sub- sequent provisions, by the transfer of the officers of the Engineer Corps to the line by the Navy Personnel Act of March 3, 1899, c. 413, §§ 1-7. See §§ 2476-2482. § 2739. Studies on Sunday—The Secretary of the Navy shall arrange the course of studies and the Order of recitations at the Naval Academy SO that the students in said institution shall not be required to pursue their studies on Sunday. (R. S. § 1526.) § 2740. Special course—The Secretary of the Navy may prescribe a special course of study and training at home or abroad for any naval cadet. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 285.) - § 2741. of the Navy shall have power to convene general courts-martial for the trial of [naval cadets], Subject to the same limitations and conditions now existing as to other general courts-martial, and to approve the proceedings and execute the sentences of Such courts, except the sentences of suspension and dis- missal, which, after having been approved by the Superintendent, shall not be carried into effect until confirmed by the President. (March 2, 1895, c. 186, 28 Stat. 838.) Text in brackets superseded by § 2719. § 2742. Hazing; trial by court-martial; pun- ishment—In all cases when it shall Come to the knowl- edge of the superintendent of the Naval Academy, at Annapolis, that any [cadet-midshipman or Cadet-engi- neer] has been guilty of the offense Commonly known as hazing, it shall be the duty of said superintendent to Order a Court-martial, composed Of not less than three commissioned Officers, who shall minutely exam- ine into all the facts and Circumstances Of the Case and make a finding thereon; and any [cadet-midship- man or cadet-engineer] found guilty of said Offense by said court, shall, upon recommendation of said court be dismissed; and such finding, when approved by said superintendent, shall be final; and the Ecadet] so dismissed from said Naval Academy shall be for- ever ineligible to re-appointment to said Naval Acad- emy. (June 23, 1874, c. 453, 18 Stat. 203.) Text in brackets superseded by § 2719. § 2743. Same; rules to prevent; punishment —The Superintendent of the Naval Academy shall make Such rules, to be approved by the Secretary Of the Navy, as will effectually prevent the practice of hazing; and any cadet found guilty of participating in or encouraging or countenancing such practice shall be summarily expelled from the Academy, and shall not thereafter be reappointed to the Corps. Of Cadets or be eligible for appointment as a Commis- Sioned officer in the Army Or Navy or Marine Corps until two years after the graduation of the class of which he was a member. (March 3, 1903, c. 1010, 32 Stat. 1198.) *. See § 2746. - - § 2744. Dismissal of midshipmen—It shall be the duty of the Superintendent of the United States Naval Academy, whenever he shall believe the Con- tinued presence of any midshipman at the said acad- emy to be contrary to the best interests of the service, to report in writing such fact, with a full statement Of the facts upon which are based his reasons for such belief, to the Secretary Of the Navy, who, if after due consideration of the Said report he shall deem the Superintendent’s said belief reasonable and Well founded, shall cause a copy of the said report (April to be served upon the said midshipman and require - the said midshipman to show cause, in Writing and General courts-martial—The Secretary. within such time as the said Secretary shall deem reasonable, why he should not be dismissed from the said academy; and after due consideration of any Cause so shown the said Secretary may, in his discretion, but with the written approval of the President, dismiss such midshipman from the said a Cademy. And the truth Of any issue of fact SO raised, except upon the record of demerit, shall be de- termined by a board of inquiry Convened by the Secretary of the Navy under the rules and regulations for the government of the Navy. (April 9, 1906, c. 1370, § 1, 34 Stat. 104.) § 2745. Hazing; repeal of acts; procedure amid punishment; single act—So much of the ACts ap- proved June twenty-third, eighteen hundred and Sev- enty-four, and March third, nineteen hundred and three, as requires the Superintendent of the United States Naval Academy to convene a court-martial in all Cases when it shall come to the knowledge Of the Said superintendent that any midshipman has been guilty of the offense commonly known as “hazing,” and declares the finding of a Court-martial SO COnven- ed, when approved by the said superintendent, final, and directs that any midshipman found guilty by such court-martial shall be summarily dismissed from , the said academy, and also all other Acts or parts of Acts inconsistent With the present Act are hereby re- pealed, and that the offense known as “hazing” may hereafter be proceeded against, dealt with, and pun- ished as Offenses against good Order and discipline and for violation and breaches of the rules of said academy. But no midshipman shall be dismissed for a single act of hazing except under the provisions of section three of this Act. (April 9, 1906, c. 1370, § 2, 34 Stat. 104.) - § 2746. Same; trial by court-martial; punish- ment—The Superintendent of the United States Naval Academy may, in his discretion and with the approval Of the Secretary of the Navy, cause any midshipman in the said academy to be tried by court-martial for the Offense of hazing, as provided by the Act approv- ed June twenty-third, eighteen hundred and seventy- four, and such court-martial, upon conviction, may sentence such midshipman to any punishment author- ized by the said Act or by the Act approved March third, nineteen hundred and three, or authorized for any violation or breach of the rules of the said acad- emy by the said rules, or, in cases of brutal Or cruel hazing may, in addition to dismissal, sentence Such midshipman to imprisonment for a period not exceed- ing one year: Provided, That such midshipman shall not be confined in a military or naval prison or else- where with men who have been convicted of Crimes or misdemeanors; and such finding and sentence Shall be subject to review by the convening authority and by the Secretary of the Navy, as in the cases of other courts-martial. (April 9, 1906, c. 1370, § 3, 34 Stat. 104.) - - § 2747. Same; offense defined—The offense of “hazing,” as mentioned in this Act, shall consist of any unauthorized assumption of authority by One mid- shipman over another midshipman whereby the last- mentioned midshipman shall or may suffer Or be ex- posed to suffer any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridg- ment of any right, privilege, or advantage to which he shall be legally entitled. (April 9, 1906, c. 1370, § 4, 34 Stat. 105.) § 2748. Report of violations of act or regula- tions—It shall be the duty of every professor, assist- ant professor, academic officer, or any Cadet Officer or cadet petty officer, or instructor, as well as every other Officer stationed at the United States Naval Academy, to promptly report to the Superintendent thereof any fact which comes to his attention tend- ing to indicate any violation by a midshipman or mid- shipmen of any of the provisions of this Act Or any violation of the regulations of the said academy. Any naval Officer attached to the academy Who shall fail Ch. 5) 3 2761 THE NAVY [Page 357] to make such report as provided in this section Shall be tried by court-martial for neglect of duty and if convicted he shall be dismissed from the service. Any civilian instructor attached to the academy Who Shall fail to make such report as provided in this Section shall be dismissed by the superintendent of the acad- emy upon the approval of the Secretary of the Navy. (April 9, 1906, c. 1370, § 5, 34 Stat. 105.) § 2748a. Professors and instructors; compen- sation--The Secretary of the Navy is authorized to employ at the Naval Academy such number of pro- fessors and instructors, including one professor as librarian, as, in his opinion, may be necessary for the proper instruction of the midshipmen; and that pro- fessors and instructors so employed shall receive Such compensation for their services as may be prescribed by the Secretary of the Navy: Provided further, That the total amount so paid shall not exceed $175,000 annually: And provided further, That the Secretary of the Navy shall report to Congress each year the number of professors and instructors so employed and the amount of compensation prescribed for each. (Aug. 29, 1916, c. 417, 39 Stat. 607.) § 2749. Store-keeper—The store-keeper at the Naval Academy shall be detailed from the PaymaS- ter's Corps, and shall have authority, with the ap- proval Of the Secretary Of the Navy, to procure Cloth- ing and other necessaries for the midshipmen and Cadet engineers in the same manner as supplies are furnished to the Navy, to be issued under such reg- ulations as may be prescribed by the Secretary of the Navy. (R. S. § 1527.) § 2750. Same; returns of property—Hereafter the storekeeper at the Naval Academy, authorized by Section fifteen hundred and twenty-seven Of the Re- Vised Statutes, shall render quarterly returns of prop- erty to the Chief of the Bureau of Supplies and AC- Counts, under such regulations as the Secretary of the Nº. may prescribe. (May 13, 1908, c. 166, 35 Stat. $ 2751. Same; inspection of accounts—An in- Spection of the storekeeper's accounts shall be made quarterly by the general inspector of the Pay Corps, With Such recommendation as he may deem necessary, to the Chief of the Bureau of Supplies and Accounts. (May 13, 1908, c. 166, 35 Stat. 153.) $ 2752. Professors of ethics, Spanish, and drawing—Three professors of mathematics shall be assigned to duty at the Naval Academy, one as pro- feSSOr Of ethics and English studies, one as professor Of the Spanish language, and one as professor of drawing. (R. S. § 1528.) $ 2753. Assistant professors; title and pay— Any assistant professor at the Naval Academy who Served as Such for five years shall have the title and gº," a professor. (March 2, 1895, c. 186, 28 Stat. § 2754. of the Navy be, and is hereby, authorized to pay the professors at the Naval Academy, whose compensation Was affected by the Act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, approved March second, eighteen hundred and ninety-five, at the rate Of Compensation fixed by that Act from July first, eighteen hundred and ninety-six. (March 3, 1897, c. 386, 29 Stat. 661.) § 2755.. [Superseded.] This section (a provision of Act Feb. 14, 1879, c. 68, 20 Stat. 290) was superseded hy $ 2756a. § 2756. Board of Visitors; composition and appointment; visits to Academy—[Hereafter the Board of Visitors to the Naval Academy shall consist of seven members of the Committee on Naval Affairs of the United States Senate and seven members of the Committee on Naval Affairs Of the House Of Rep- resentatives, to be appointed by the respective chair- men thereof, and the members so appointed shall Visit the Naval Academy annually at such time as the Same; pay—That the proper pay Officer chairman of the Board of Visitors shall appoint, and the members of each House of Congress of Said board may visit said academy together or separately as the said board may elect during the session of CongreSS. [The expenses of the members of the board shall be their actual expenses while engaged upon their duties as members of said board, not to exceed $5 per day and their actual expenses of travel by the shortest mail routes: Provided, That so much of chapter sixty-eight, Statutes at Large, Volume tWenty, page two hundred and ninety, as is inconsistent with the provisions of this Act is hereby repealed.] (March 4, 1913, c. 148, 37 Stat. 907.) See § 2756a. § 2756a. Same; appointment; compensation —From and after the passage of this Act there shall 'be appointed every year, in the following manner; a Board of Visitors, to visit the academy, the date of the annual visit of the board aforesaid to be fixed by the Secretary of the Navy: Seven persons shall be appointed by the President and four Senators and five Members of the House of Representatives shall be designated as visitors by the Vice Presi- dent or President pro tempore of the Senate and the Speaker Of the House of Representatives, re- spectively, in the month of January of each year. The chairman of the Committee on Naval Affairs Of the Senate and chairman Of the Committee on Naval Affairs Of the House of Representatives shall be ex Officio members Of Said board. Each member Of Said board shall receive While en- gaged upon duties as a member of the board not to exceed $5 a day and actual expenses of travel by the shortest mail routes. (Aug. 29, 1916, c. 417, 39 Stat. 608.) § 2757. Same; use of appropriation for ex- penses—Naval Academy. * * No part [of this Sum, or] Of any [other] appropriation by Congress for ex- penses of the Board of Visitors, shall be used to pay for intoxicating liquors. (Aug. 4, 1886, c. 903, § 1, 24 Stat. 268.) § 2758. Band; composition and pay—The Na- Val Academy Band shall Consist of One leader, Who shall have the pay and allowance of a second lieuten- ant in the Marine Corps; One second leader, with pay at the rate of fifty dollars per month ; twenty-nine musicians, first class, and eleven musicians, second class; and shall be paid from “Pay of the navy.” (April 12, 1910, c. 157, § 1, 36 Stat. 297.) § 2759. Same; enlistment of members; credit for prior service—The members Of the Naval Acad- emy Band as now organized shall be enlisted in the navy and credited with all prior service of whatever nature as members Of Said band, as shown by the reC- Olrds Of the naval academy and the pay rolls of the ships and academy; and the said leader and the en- listed musicians Of the band shall be entitled to the Same benefits in respect to pay, emoluments, and re- tirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, ap- plicable to other enlisted men of the Navy: Provided, That no back pay shall be allowed to the leader or to any member of the said band by reason of the passage of this act. (April 12, 1910, c. 157, § 2, 36 Stat. 297.) § 2760. Commissary department; additional payments to servants—Hereafter such additional payments from the midshipmen’s commissary fund as the Superintendent of the Naval Academy may deem necessary may be made to the servants authorized in the commissary department. (March 4, 1913, c. 148, 37 Stat. 907.) - § 2761. Chapel; restriction on use of crypt and window spaces—The Crypt and Window Spaces of the United States Naval Academy Chapel are to be used only for memorials to United States naval Of- ficers who have Successfully COImmanded a fleet Or squadron in battle, or who have received or may re- ceive the thanks Of the Congress of the United States for conspicuously distinguished services in time of * 3 2762 (Tit. 15 THE NAVY IPage 358] War, and no memorial shall be accepted for Or install- ed in Said crypt or window Spaces until at least five years after the death Of the Officer in question: Pro- vided, That nothing in this provision shall be consid- ered as invalidating any agreement made by the pres- ent or any former superintendent of the Naval Acade- Imy, authorizing a memorial window in the Old Naval Acadenºy Chapel to be transferred to the new Naval Academy chapel. (March 3, 1909, c. 255, 35 Stat. 773.) Chapter Five A–Nautical Instruction in Educational Institutions Sec. 2762. Vessels for nautical schools at certain ports. 2763. Nautical schools; appropriations authorized. 2764. Detail of Navy officers as supérintendents or instruc- tors; restoration of vessel and recall of officers. 2765. Detail of engineer officers as professors in scientific schools and Colleges. - 2766. Detail of retired officers as teachers or professors in schools or colleges. - - 2767. Loan of naval equipment to military schools. § 2762. Vessels for nautical schools at certain ports—The Secretary of the Navy, to promote nau- tical education, is hereby authorized and empowered to furnish, upon the application in writing of the governor of a State, a suitable vessel of the navy, with all her apparel, charts, books, and instruments of navigation, provided the same can be spared without detriment to the naval service, to be used for the benefit of any nautical school, or school or college hav- ing a nautical branch, established at each of the fol- lowing ports of the United States: Boston, Philadel- phia, New York, Seattle, San Francisco, Baltimore, Detroit, Saginaw, Michigan, Norfolk, arid Corpus Christi, upon the condition that there shall be main- tained at such port a school or branch of a school for the instruction of youths in navigation, steamship- marine engineering, and all matters pertaining to the proper construction, equipment, and sailing of vessels or any particular branch thereof. (March 4, 1911, c. 265, § 1, 36 Stat. 1353.) . Aeronautical schools, see § 2952%q. § 2763. Nautical schools; appropriations au- thorized—A sum not exceeding the amount annually appropriated by any State or municipality for the purpose of maintaining such a marine School or Schools Or the nautical branch thereof is hereby all- thorized to be appropriated for the purpose of aiding in the maintenance and support Of Such School Or Schools: Provided, however, That appropriations shall be made for one school in any port heretofore Inamed in section one and that the appropriation for any one year shall not exceed twenty-five thousand dollars for any one school. (March 4, 1911, c. 265, § 2, 36 Stat. 1353.) § 2764. Detail of Navy officers as superin- tendents or instructors; restoration of vessel and recall of officers—The President of the United States is hereby authorized, when in his opinion the same can be done without detriment to the public service, to detail proper officers of the navy as super- intendents Of Or instructors in Such Schools: Pro- vided, That if any such school shall be discontinued, or the good of the naval Service shall require, such vessel Shall be immediately restored to the Secretary Of the Navy and the Officers so detailed recalled: And provided further, That no person shall be sen- tenced to Or received at such Schools as a punishment Or commutation of punishment for crime. (March 4, 1911, c. 265, § 3, 36 Stat. 1353.) Further, as to details, see §§ 2283-2295. § 2765. Detail of engineer officers as profes- sors in scientific schools and colleges—For the purpose of promoting a knowledge of steam-engineer- ing and iron-ship building among the young men of the United States, the President ſºlay, upon the ap- plication of an established scientific school or college within the United States, detail an Officer from the Engineer Corps of the Navy as professor in such School or college: Provided, That the number of Of- & ficers SO detailed shall not at any time exceed twenty- five, and such details shall be governed by rules to be preScribed from time to time by the President: And provided further, That such details may be withheld Or Withdrawn whenever, in the judgment of the Pres- ident, the interests of the public service shall so re- quire. (Feb. 26, 1879, c. 105, 20 Stat. 322.) § 2766. Detail of retired officers as teachers or professors in schools or eolleges—Any retired Officer of the Navy or Marine Corps may, on his own application, be detailed to service as a teacher or professor in any school or college, but while S6 serv- ing Such officer shall be allowed no additional compen- sation. (March 2, 1895, c. 186, 28 Stat. 826.) § 2767. Loan of naval equipment to military schools—That the President be, and he is hereby, au- thorized, upon the application of the governor of any State having Seacoast line or bordering on one or more of the Great Lakes, to direct the Secretary of the Navy to furnish to one well-established military School in that State, desiring to afford its cadets in- Struction in elementary seamanship, one fully equip- ped man-Of-war's cutter for every twenty-five cadets in actual attendance, and such other equipment as may be Spared and be deemed adequate for instruc- tion in elementary seamanship: Provided, That the Said School shall have adequate facilities for cutter Čirill, and shall have in actual attendance at least Seventy-five Cadets over fifteen years of age in uni- form receiving military instruction and quartered in barracks under military regulation, and shall have the CapaCity to quarter and educate at the same time One hundred and fifty cadets: And provided further, That the Secretary of the Navy shall require a bond in each Case, in double the value of the property, for the Care and safe-keeping thereof and for the re- turn of the same when required. (March 3, 1901, c. 863, 31 Stat. 1440, amended June 29, 1906, c. 3612, 34 Stat. 620, and June 24, 1910, c. 378, 36 Stat. 613.) Chapter Six—Vessels and Navy-Yards and Naval Stations Sec. 2768. Classification of vessels; assignments to command. 2769. Names of vessels; rules for. 2770. Same; first-class battle ships. 2771. sº monitors; repeal in part of Act May 4, 1893, c. to *E. - 2772. Same; duplication. 2773. Same; purchased vessels. 2774. Vessels kept in service in time of peace. 2775. How officered and manned. 2776. Cruising, to assist distressed navigators. 2777. Detail to remove or destroy derelicts. 2778. Patented articles connected with marine engines. 2779. Steel material for construction of vessels. 2779a. Factory for manufacture of armor. 2780. Life-saving dress as part of equipment. 2781. Repairs; hull and spars. 2781a. Same; authority to order. 2782. Same; sails and rigging. 2783. Sale of vessels unfit to be repaired. 2784. Sale of unserviceable vessels and materials. 2785. Use or Sale of old material. 2786. Examination of vessels; unfit vessels stricken from Register. r 2787. Same; sale of vessels stricken from Register. 2787a. Sale of unsuitable vessels. 2788. sº Condemned naval supplies, stores, and mate- Iºla,IS. 2789. Disposition of useless papers. 2790. Commandants of navy-yards. 2791. Detail of line officers for duty in yards and stations. 2792. Master Workmen. - 2793. Laborers, how selected. 2794. Clerical force at yards or stations. 2795. Same; preference for re-employment. 2796. Same; leaves of absence. 2797. Civilian employés in certain islands; travel pay. 2797a. Accrued leave of absence. 2798. Contributions for political purposes at navy-yards. 2799. Increase of force at navy-yard before election. 2800. Enlisted men on battle ships docked at navy-yard; du- ties. - 2801. Pº. plants; consolidation under Bureau of Yards and DOCKS. 2802. Y. M. C. A. buildings; heat and light. 2803. Washington navy-yard; manufacturing yard; rope- walk continued. 2804. Same; model tank. Ch. 6) THE NAVY & 2781 [Page 359] Sec. - to be laid up in ordinary in convenient ports. (R. S. 2804a. Site for naval radio station transferred to Navy De- § 1534.) - partment. Employment of vessels in Coast Survey, see $ 8557; loan 2804b. Additional yard or station on Pacific Coast. 2804bb. Dry dock at Boston; docking rates. 2804bbb. Acquisition of land for naval purposes at Cape May. 2804bbbb. Facilities for construction of torpedo-boat destroy- €I’S. * 2804bbbbb. Increase of facilities for proof and test of ord- nance materia1. Commission to report on additional yard or station on Atlantic Coast. 2804c. 2804d. Same; report as to establishment of submarine and aviation bases. 2804e. Same; report as to abolition of existing yards or sta- 2804f. Biºs of vessels in yards. 2804ff. Equipment of yards. (R. S. §§ 1529, 1530. Superseded.) These sections divided the vessels of the Navy into four classes, rating steamships according to the number of their guns, and prescribed the rank of the officers by whom each class should be commanded. They were Su- perseded by § 2768. - § 2768. Classification of vessels; assignments to command—That the President of the United States be, and he is hereby, authorized to establish, and from time to time to modify, as the needs Of the service may require, a classification of vessels of the Navy, and to formulate appropriate rules govern- ing assignments to command Of vessels and SquadronS. (March 3, 1901, c. 852, 31 Stat. 1133.) § 2769. Names of vessels; rules for—The ves- sels of the Navy shall be named by the Secretary of the Navy, under the direction of the President, a C- COrding to the following rule: • Sailing vessels of the first class shall be named after the States of the Union, those of the Second class after the rivers, those Of the third class after the principal cities and towns, and those of the fourth class as the President may direct. Steamships of the first class shall be named after the States Of the Union, those of the Second class after the rivers and principal cities and towns, and those Of the third class as the President may direct. (R. S. § 1531.) § 2770. Same; first-class battle shipsz–Here- after all first-class battle ships [and monitors] OWned by the United States shall be named for the States, and shall not be named for any city, place, or person until the names of the States, shall have been ex- hausted: Provided, That nothing herein contained Shall be SO construed as to interfere With the nameS Of States already assigned to any such battle ship. Or monitor. (May 4, 1898, c. 234, 30 Stat. 390.) Text in brackets superseded by § 2771. § 2771. Same; monitors; repeal in part of Act IMay 4, 1898, c. 234—So much Of the Act en- titled “An Act making appropriations for the naval Service for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other pur- poses,” approved May fourth, eighteen hundred and ninety-eight, as provides that monitors Owned by the United States shall be named for the States, and shall not be named for any city, place, or person until the names Of the States Shall have been exhausted, is hereby repealed, and monitors now owned by the United States or hereafter built may be named as the President may direct. (May 13, 1908, c. 166, 35 Stat. 159.) Section repealed in part is § 2770. § 2772. Saime; duplication—Care shall be taken that not more than One Vessel in the Navy shall bear the same name. (R. S. § 1532.) . - § 2773. Same; purchased vessels—The Secre- tary of the Navy may change the names of any ves- sels purchased for the Navy by authority of law. (R. S. § 1533.) § 2774. Vessels kept in service in time of peace—The President is authorized to keep in actual Service in time of peace, such of the public armed vessels as, in his opinion, may be required by the na- ture of the service, and to cause the residue thereof of vessels to Naval Militia, see § 3078 (13); vessel for use of nautical schools, see § 2767. § 2775. How officered and Inaramed—Vessels in actual service, in time of peace, shall be officered and manned as the President may direct, [subject to the provisions of section fifteen hundred and twenty- nine]. (R. S. § 1535.) - - Text in brackets superseded. See § 2768. § 2776. Cruising to assist distressed naviga- tors—The President may, when the necessities of the service permit it, cause any suitable number of public vessels adapted to the purpose to cruise upon the Coast in the season. Of Severe weather and to afford Such aid to distressed navigators as their Circum- stances may require; and such public vessels shall go to sea fully prepared to render such assistance. (R. S. § 1536.) § 2777. Detail to remove or destroy derelicts —The President in his discretion may temporarily detail any vessel or vessels of the Navy to remove Or destroy derelicts in the course of Vessels at Sea. The regulations to govern the detail and Service Of said vessels shall be prescribed by the Secretary Of the Navy and approved by the President. (March 3, 1905, c. 1483, § 1, 33 Stat. 1164.) § 2778. Patented artieles connected with marine engines—No patented article connected with marine engines shall hereafter be purchased or used in COnnection with any steam-vessels of war until the Same Shall have been Submitted to a COImpetent board Of naval engineers, and recommended by such board, in writing, for purchase and use. (R. S. § 1537.) § 2779. Steel material for construction of vessels—In the COnStruction Of all naval vessels the Steel material shall be of domestic manufacture, and Of the quality and Characteristics best adapted to the Various purposes for which it may be used, in accordance with Specifications approved by the Sec- retary of the Navy. (Aug. 3, 1886, c. 849, § 2, 24 Stat. 215, amended, May 4, 1898, c. 234, 30 Stat. 390.) Restriction of expenditure of appropriation for purchase of Structural steel, etc., see naval appropriation act for 1918, Act March 4, 1917, c. 180, 39 Stat. 4,195. - § 2779a. Factory for manufacture of arm- or—The Secretary of the Navy is hereby authorized and directed to provide, either by the erection. Of a factory or by the purchase of a factory, or both, for the manufacture of armor for the vessels Of the Navy; said factory or factories to have an annual capacity of not less than 20,000 tons of armor; to be located at a place or places approved by the Gen- eral Board of the Navy, with especial reference to considerations of safety in time of war; and the sum of $11,000,000 is hereby appropriated, out of any mon- ey in the Treasury not otherwise appropriated, to be immediately available, for the purposes of this para- graph. And if the United States owns no suitable site or sites, authority is hereby given to acquire by purchase, condemnation, or gift such site or sites as may be necessary. The expenditures for drafting, technical, expert, and clerical assistance necessary shall be paid from the appropriation herein made. The Secretary of the Navy shall keep accurate and itemized account of the cost per ton Of the product of such factory or factories and report the same to Congress in his annual report. (Aug. 29, 1916, c. 417, 39 Stat. 563.) § 2780. Life-saving dress as part of equip- ment—The Secretary Of the Navy is authorized and empowered, within his discretion, to Constitute and in- troduce, as a portion of the equipment of the Navy, the life saving dress adopted and approved by the Life Saving Service of the United States. (March 3, 1883, c. 97, § 1, 22 Stat. 475.) § 2781. Repairs; hull and spars—Not more than three thousand dollars shall be expended at any navy-yard in repairing the hull and spars Of any 3, 2781 (Tit.15 THE NAVY IPage 360I vessel, until the necessity and expediency of such re- pairs and the probable cost thereof are ascertained and reported to the Navy Department by an examin- ing board, which shall be composed of one captain or commander in the Navy, designated by the Secre- tary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two master workmen of said yard, Or One master workman and an engineer of the Navy, a CCOrding to the nature of the repairs to be made. Said master workmen and engineer shall be designated by the head of the Bureau of Construction and Repair. (R. S. § 1538.) - . . Report of repairs, or changes, see §§ 650, 651. of appropriation for repairs, see current Naval appropria- tion act, Act July 1, 1918, c. 114, 40 Stat. § 2781a. Same; authority to order—Nothing herein contained shall deprive the Secretary of the Navy of the authority to order repairs of ships dam- aged in foreign waters or on the high seas, so far as (March 4, may be necessary to bring them home. 1917, c. 180, 39 Stat. 1184.) See § 2781 and note. § 2782. Same; - than one thousand dollars shall be expended in re- pairs on the sails and rigging of any vessel, until the necessity and expediency of such repairs and the eS- timated cost thereof have been ascertained and re- ported to the Navy Department by an examining board, which shall be composed of One naval Officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker of the yard where such vessel may be Ordered. (R. S. § 1539.) § 2783. Sale of vessels unfit to be repaired— The President may direct any armed vessel of the United States to be sold when, in his opinion, such vessel is so much Out of repair that it will not be for the interest of the United States to repair her. (R. S. § 1540.) - - § 2784. Sale of unserviceable vessels and ma- terials—The Secretary of the Navy is authorized and directed to sell, at public sale, such vessels and Ima- terials of the United States Navy as, in his judg- ment, Cannot be advantageously used, repaired, Or fitted out ; and he shall, at the Opening Of each Ses- Sion of Congress, make a full report to Congress Of all vessels and materials sold, the parties buying the same, and the amount realized therefrom, to- gether, with such other facts as may be necessary to a full understanding of his acts. (R. S. § 1541.) § 2785. Use or sale of old material—No old ma- terial of the Navy shall hereafter be sold or exchang- ed by the Secretary of the Navy, or by any officer of the Navy, which can be profitably used by reworking or otherwise in the construction or repair of vessels, their machinery, armor, armament, or equipment; but the same shall be stored and preserved for future use. And when any such old material can not be profitably used as aforesaid, the same shall be ap- praised and sold at public auction after public notice and advertisement shall have been given according to law under such rules and regulations and in Such manner as the said Secretary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. It shall be the duty of the Secretary of the Navy annually to report in detail to Congress, in his annual report, the proceeds of all sales of materials, stores, and supplies, made under the provisions of this act, and the expenses at- tending such sales. (Aug. 5, 1882, c. 391, § 2, 22 Stat. 296.) - § 2786. Examination of vessels; unfit vessels stricken from Register—It shall also be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause to be examined by competent boards of officers of the Navy, to be desig- nated by him for that duty, all vessels belonging to the Navy not in actual service at Sea, and vessels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their grounds and reasons for their Opinion. Limitation - sails and rigging—Not more return from foreign stations, and all vessels in the United States as often as once in three years, when practicable; and said, boards shall ascertain and re- port to the Secretary of the Navy, in writing, which of said vessels are unfit for further service, or, if the same are unfinished in any navy-yard, those which Can not be finished without great and disproportionate expense, and shall in such report state fully the And it shall be the duty of the Secretary of the Navy, if he shall Concur in Opinion with said report, to strike the name of such vessel or vessels from the Navy Register and report the same to Congress. (Aug. 5, 1882, c. 391, § 2, 22 Stat. 296.) - . § 2787. Same; sale of vessels stricken from Register—It shall be the duty of the Secretary of the Navy to cause to be appraised, in such manner as may seem best, all vessels of the Navy which have been stricken from the Navy Register under the pro- Visions Of the act making appropriations for the na- Val service for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other pur- poses, approved August fifth, eighteen hundred and eighty-two. And if the said Secretary shall deem it for the best interest of the United States to sell any Such vessel or vessels, he shall, after such appraisal, advertise for sealed proposals for the purchase of the same, for a period not less than three months, in Such . newspapers as other naval advertisements are pub- lished, setting forth the name and location and the appraised value of such vessel, and that the same Will be sold, for cash, to the person or persons or corpora- tion or corporations offering the highest price therefor above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place nam- ed in said advertisement, and record thereof shall be made. The Secretary of the Navy shall require to ac- company each bid or proposal a deposit in cash Of not less than ten per centum of the amount of the offer or proposal, and also a bond, with two or more Sureties to be approved by him, conditioned for the payment of the remaining ninety per centum of the amount of such offer or proposal within the time fixed in the ad- vertisement. And in Case default is made in the pay- ment of the remaining ninety per centum, Or any part thereof, the Secretary, within the prescribed time thereof, shall advertise and resell said vessel under the provisions of this act. And in that event Said Cash deposit of ten per centum shall be considered as forfeited to the government, and shall be applied, first, to the payment of all costs and expenditures at- tending the advertisement and resale Of said Vessel; second, to the payment of the difference, if any, be- tween the first and last sale of said vessel; and the balance, if any, shall be covered into the Treasury. Provided, however, That nothing herein contained shall be construed to prevent a suit upon said bond for breach of any of its conditions. Any vessel Sold under the foregoing provisions shall be delivered to the purchaser upon the full payment to the Secretary of the Navy of the amount of such proposal or offer; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall hereafter be sold in any other manner than herein provided, or for less than such appraised value, un- less the President Of the United States Shall. Otherwise direct in writing. (March 3, 1883, c. 141, § 5, 22 Stat. 599.) - § 2787a. Sale of unsuitable vessels—The Secre- tary of the Navy is hereby authorized to sell any or all of the auxiliary ships of the Navy Classified as colliers, transports, tenders, supply Ships, special types, and hospital ships, which are eighteen years and Over in age, which he deems unsuited to present. needs of the Navy and which can be disposed Of at an advantageous price, which shall not be less than fifty per centum of their original cost, the money ob- tained from such sale to be covered into the Treasury Ch. 6) 3 2799 TEIE NAVY as miscellaneous receipts. (Aug. 29, 1916, c. 417, 39 Stat. 605.) § 2788. Sale of condemned naval supplies, stores, and materials—The Secretary of the Navy is hereby authorized to sell, after advertisement of the sale for such time as in his judgment the public in- terests may require, COndemned naval Supplies, stores, and materials, either by public auction or by adver- tisement for sealed proposals for the purchase Of the same. (June 30, 1890, c. 640, § 1, 26 Stat. 194.) , § 2789. Disposition of useless papers—The Act “To authorize and provide for the disposal of useless papers in the executive departments,” approved Feb- ruary sixteenth, eighteen hundred and €ighty-nine, is hereby amended so that accumulations in the files Of navy yards and naval stations that, in the judgment of the Secretary of the Navy, are not needed or useful in the transaction of current business and have no permanent value or historical interest may be dispos- ed of by the Secretary of the Navy by sale, after ad- vertisement for proposals as waste paper if practica- ble, or if not practicable then otherwise as may ap- pear best for the interests of the Government, the said Secretary to make detailed report to the Con- gress in every case of the papers destroyed; provided always that no papers less than two years Old from the date Of the last indorsement thereon shall be de- stroyed or disposed of by the Secretary of the Navy, except in the manner provided in said act of Febru- ary sixteenth, eighteen hundred and eighty-nine. (March 3, 1915, c. 83, 38 Stat. 929.) See §§ 282, 283. - . - - § 2790. Commandants of navy-yards—The President may select the commandants of the Several navy-yards from officers not below the grade Of Com- mander. (R. S. § 1542.) § 2791. Detail of line officers for duty in yards and stations—Line officers may be detailed for duty under staff officers in , the manufacturing and repair departments of the navy-yards and naval sta- tions, and all laws or parts of laws in conflict here- with are hereby repealed. (June 24, 1910, c. 378, 36 Stat. 614.) § 2792. Master workmen—The persons employ- ed at the several navy-yards to superintend the me- chanical departments, and heretofore known as mas- ter mechanics, master carpenters, master joiners, maS- ter blacksmiths, master boiler-makers, master sail- makers, master plumbers, master painters, master call:ers, master masons, master boat-builders, master spar-makers, master block-makers, master laborers, and the Superintendents Of rope-Walks Shall be men skilled in their several dutiés and appointed from Civil life, and shall not be appointed from the Officers of the Navy. (R. S. § 1543.) § 2793. Laborers, how selected—Laborers shall be employed in the several navy-yards by the proper officers in charge with reference to skill and efficiency, and without regard to other considerations. (R. S. § 1544.) (R. S. § 1545. Repealed.) - This section related to the payment of salaries of em- ployés in the navy-yards. It was repealed by a provision of Act March 3, 1909, C. 255, 35 Stat. 754. See § 2794. - § 2794. . Clerical force at yards or stations— Hereafter the rates of pay of the clerical, drafting, inspection, and messenger force at navy-yards and naval stations and other stations and offices under the Navy Department shall be paid from lump ap- propriations and shall be fixed by the Secretary of the Navy on a per annum or per diem basis as he may elect; that the number may be increased or de- creased at his option and shall be distributed at the various navy-yards and naval stations by the Secre- tary of the Navy to meet the needs of the naval serv- ice, [and that such per diem employees may hereaft- er, in the discretion of the Secretary of the Navy, be granted leave of absence not to exceed fifteen days [Page 3611 in any one year, which leave may, in exceptional and meritorious cases, where such an employee is ill, be extended, in the discretion of the Secretary of the Navy, not to exceed fifteen days additional in any One year;] that the total amount expended annually for pay for such clerical, drafting, inspection, and messenger force shall not exceed the amounts specific- ally allowed by Congress under the several lump ap- propriations, and that the Secretary of the Navy shall each year, in the annual estimates, report to COIngreSS the number of persons so employed, their duties, and the amount paid to each. (March 3, 1909, c. 255, 35 Stat. 754.) . - Text in brackets superseded by § 3248. - § 2795. Same; preference for re-employment —Persons employed in the clerical, drafting, and in- Spection force at navy-yards and stations discharged for lack of work or insufficiency of funds shall for one year thereafter be preferred for employment in such navy-yards and stations in the clerical, drafting, inspection, and messenger forces. (March 3, 1909, C. 255, 35 Stat. 755.) . § 2796. Same; leaves of absence—Employees while taking their leaves of absence shall not receive Compensation for services rendered during the period Of Such leave Of absence in addition to leave pay. (March 4, 1913, c. 148, 37 Stat. 893.) Leaves of absence, see § 3248. § 2797. Civilian employés in certain islands; travel pay—The Secretary of the Navy, in his discre- tion, is authorized to pay all civilian employees ap- pointed for duty in the Philippine, Hawaiian, and Samoan islands, the island of Guam, and the island of Porto Rico, from the date of their sailing from the United States until they report for duty to the Officer under whom they are to serve, and while re- turning to the United States by the most direct route and with due expedition, a per diem compensation cor- responding to their pay while actually employed; and in Cases where the appointee is not to fill an ex- isting vacancy his pay while traveling may be charg- ed to the annual appropriation Of the bureau Con- cerned. (July 1, 1902, c. 1368, 32 Stat. 663.) . § 2797a. Accrued leave of absence—Hereafter any civilian employee Of the Navy Department who is a citizen of the United States and employed at any station outside the continental limits of the United States may, in the discretion of the Secretary Of the Navy, after at least two years’ continuous, faithful, and satisfactory service abroad, and subject to the interests of the public service, be granted accrued leave of absence, with pay, for each year of service, and if an employee should elect to postpone the taking of any Or all of the leave to which he may be en- titled in pursuance hereof such leave may be allowed to accumulate for a period of not exceeding four years, the rate of pay for accrued leave to be the rate obtaining at the time the leave is granted. (Aug. 29, 1916, c. 417, 39 Stat. 557.) § 2798, Contributions for political purposes at navy-yards—No Officer or employé Of the Govern- ment shall require or request any working man in any navy-yard to contribute or pay any money for po- 'litical purposes, nor shall any working man be re- moved or discharged for political opinion; and any Officer Or employé Of the Government who shall Offend against the provisions of this section shall be dismiss- ed from the service of the United States. (R. S. § 1546.) t § 2799. Increase of force at navy-yards be- fore election—No increase of the force at any navy- yard shall be made at any time within sixty days next before any election to take place for President of the United States, or members of Congress, except when the Secretary of the Navy shall certify that the needs of the public service make such increase necessary at that time which Certificate shall be im- mediately published when made. (June 30, 1876, c. 159, § 1, 19 Stat. 69.) , * 3 2800 (Tit, 15 THE NAVY § 2800. Enlisted men on battle ships docked at navy-yard; duties—NO enlisted men. Or Seamen, not including commissioned and warrant officers, on battleships of the Navy, when Such battleships are docked or laid up at any navy yard for repairs, shall be Ordered or required to perform any duties except such as are or may be performed by the Crew while at Sea Or in a foreign port. (Aug. 22, 1912, C. 335, 37 Stat. 355.) § 2801. Power plants; consolidation under Bureau of Yards and Docks—The Secretary of the Navy is hereby authorized, in his discretion, to con- solidate the several power plants in any or all of the Several navy-yards and stations at each navy-yard and Station under the Bureau Of Yards and DOCks for the generation and distribution of light, heat, and power for all the purposes of the Navy. To the above end all such plants may be transferred from Other bureaus to the Bureau Of Yards and DOCkS. (April 27, 1904, c. 1622, 33 Stat. 337.) § 2802. Y. M. C. A. buildings; heat and light —The Secretary Of the Navy is authorized, in his dis- cretion, to furnish hereafter, without charge, heat and light for the Young Men's Christian Association build- ings in navy yards and stations. (March 4, 1911, C. 239, 36 Stat. 1274.) - § 2803. Washington navy-yard; manºïfactur- ing yard; rope-walk continued—The navy-yard at Washington, District of Columbia, may, at the discre- tion of the Secretary of the Navy, be maintained as a manufacturing yard for the Bureaus of Equipment and Recruiting and Ordnance, and that work may be Continued in the rope-Walk in the BOSton navy-yard: And provided further, That nothing herein shall be Held to interfere with the permanent improvement of any navy-yard as now authorized by law, or the expenditure for such purpose of any money appropri- ated by Congress therefor. (Aug. 5, 1882, c. 391, § 1, 22 Stat. 289.) § 2804. Same; model tank—For making plans, examining and preparing the ground and other pre- liminary work toward the Construction of a model tank, with all buildings and appliances, to be built upon the grounds Of the navy yard at Washington, District of Columbia, under the Bureau of Construc- tion and Repair Of the Navy Department, which shall conduct therein the work of investigating and de- termining the most suitable and desirable shapes and forms to be adopted for United States naval vessels, * * : Provided, That upon the authorization of the Secretary of the Navy experiments may be made at this establishment for private shipbuilders, who shall defray the cost of material and of labor of per diem employees for such experiments: And provided fur- ther, That the results of such private experiments shall be regarded as COnfidential and shall not be divulged without the consent of the shipbuilder for whom they may be made. (June 10, 1896, c. 399, § 1, 29 Stat. 372.) - § 2804a. Site for naval radio station trans- ferred to Navy Department—That such land of the United States under the Control of a particular de- partment or other branch of the Government that has been or may hereafter be mutually selected as a site for a naval radio station may, by direction of the President, be transferred to and placed under the control and jurisdiction of the Navy Department for use as a naval radio station or Other naval purposes. (Aug. 29, 1916, c. 417, 39 Stat. 606.) § 2804b. Additional yard or station on Pacific Coast—The President is hereby authorized to appoint a commission of five officers of the Navy not below the rank of commander to investigate and report at the beginning of the next regular session of Congress if practicable, and if not, as soon thereafter as prac- ticable, as to the necessity, desirability, and advisa- bility of establishing an additional navy yard or naval station on the Pacific coast of the United States. And if such a navy yard or naval station be recommended [Page 3621 - as necessary and advisable, said report shall desig- nate the most suitable site and the estimated COSt thereof, together with a detailed statement of the rea- sons for such designation and the nature and SCOpe Of the activities for naval purposes of such yard Or station. In arriving at such designation the Commis- sion shall take into consideration all strategical and other military considerations as Well as all industrial elements necessary for the economical and Successful operation of such a yard or station, including local conditions as to labor and material. Said report shall also contain an estimated cost of the necessary build- ings, shops, piers, sea walls, and equipment of Said yard or station together with the estimated annual cost of maintenance thereof. (Aug. 29, 1916, c. 417, 39 Stat. 571.) § 2804bb. Dry dock at Boston; docking rates-- The Secretary of the Navy is hereby authorized to enter into contract for the use by the United States Government of a dry dock at Boston, Massachusetts, which shall be capable of docking the largest vessel that can be passed through the locks of the Panama Canal, for a period of not to exceed six years from completion of such dock, at a compensation of $50,000 per annum during said period of six years, the right Of the United States Government to the use Of Said dock in time Of War to be prior and paramount: Pro- vided, That the construction of said dock shall be un- dertaken immediately upon entering into this Contract and shall be completed within thirty months there- after: And provided further, That said contract shall provide for docking rates not in excess of commercial rates and for Such other Conditions as may be pre- scribed by the Secretary of the Navy prior to enter- ing into said contract: And provided further, That in the event, during the said contract period of six years, the necessities of the fleet require the docking of ves- sels which will necessitate a charge greater than $50,- 000 per annum, the Secretary of the Navy is author- ized to have vessels docked therein at a rate of charge not greater than the price stipulated in said contract. (March 4, 1917, c. 180, 39 Stat. 1180.) § 2804bbb. Acquisition of land for naval pur- poses at Cape May—That the Secretary of the Navy be, and he is hereby, authorized to acquire, by pur- chase or condemnation, including all easements, ri- parian and other rights appurtenant thereto, for use for naval purposes, the tract of land situate at Cape May, New Jersey, lying between Princeton and Kan- sas Avenues and the water front and Cape May AVe- nue, comprising, exclusive of Pennsylvania A.Venue, which intersects the tract and is to remain a public thoroughfare, approximately fifty-seven and Seventy- three one-hundredths acres, or such enlarged area for which he may be able to contract within the appropri- ation, and there is hereby appropriated, to be paid out of any money in the Treasury not otherwise ap- propriated, for the acquisition of said property and of all easements, riparian and other rights appurte- nant thereto, the sum of $150,000: Provided, That the Secretary of the Navy shall authorize the payment of no part of this sum, except for perfecting the title and dredging Cold Spring Harbor and the entrance thereto, in order to make it more available for naval purposes: And provided further, That the Secretary of the Navy be, and he is hereby, empowered in his discretion to acquire, if possible, additional acreage without increased cost and within the appropriation herein authorized, and to exact guarantees for the maintenance of the electric railway now running through the above-described land; and power is here- by conferred upon the Secretary of the Navy to con: demn the said tract of land for naval, aviation, and kindred purposes on the New Jersey Coast adjacent to Cold Spring Harbor; and the Secretary of the Navy is hereby directed, in conducting his negotiations With the Cape May Real Estate Company, to maintain in- tact the obligation existing between the United States and the Cape May Real Estate Company, executed by Ch. 7) ź 2805 THE NAVY [Page 3631 the said company June twenty-fifth, nineteen hundred and Seven ; and that this contract shall not be re- garded as a waiver of either the obligation of the com- pany or the rights of the United States. (Oct. 6, 1917, c. 77, 40 Stat. 344.) § 2804bbbb. Facilities for construction of tor- pedo-boat destroyers—The President is hereby au- thorized and empowered, within the amount hereinbe- fore authorized, to acquire or provide facilities addi- tional to those now in existence for the construction of torpedo-boat destroyers, their hulls, machinery, and appurtenances, including the immediate taking Over for the United States of the possession of and title to land, its appurtenances and improvements, which he may find necessary in this COnnection. - That if said lands and appurtenances and improve- ments shall be taken Over as aforesaid, the United States shall make just compensation therefor, to be determined by the President, and if the amount there- of, so determined by the President, is unsatisfactory to the person entitled to receive the same, such per- son shall be paid seventy-five per centum of the eamount SO determined by the President and Shall be entitled to Sue the United States to recover Such fur- ther sum as added to said seventy-five per Centum will make up such amount as Will be just compensa- tion therefor, in the manner provided for by section twenty-four, paragraph twenty, section one hundred and forty-five Of the Judicial Code. Upon the taking over of said property by the Pres- ident as aforesaid the title to all property so taken over shall immediately vest in the United States. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 371.) § 2804bbbbb. Increase of facilities for proof and test of ordnance material—The Secretary of the Navy is hereby authorized to expend the sum of $1,- 000,000, or any part thereof, in his discretion, for the purpose of increasing the facilities for the proof and test of Ordnance material, including necessary build- ings, construction, equipment, railroad, and water fa- cilities, land, and damages and losses to persons, firms, and corporations resulting from the procurement of the land for this purpose, and also all necessary ex- penses incident to the procurement of said land: Pro- vided, That if such lands and appurtenances and im- provements attached thereto, can not be procured by purchase within One month after the passage of this Act the President is hereby authorized and empower- ed to take Over for the United States the immediate possession and title of such lands and improvements, including all easements, rights Of Way, riparian, and Other rights appurtenant thereto, or any land selected by him to be used for the carrying Out of the pur- poses of this Act. That if said land and appurte- nances and improvements shall be taken over as aforesaid, the United States shall make just compen- sation therefor, to be determined by the President, and if the amount thereof so determined by the Pres- ident is unsatisfactory to the person entitled to re- ceive the same, such perSOn Shall be paid seventy-five per centum of the amount so determined by the Pres- ident and shall be entitled to Sue the United States to recover such further sum, as, added to the said Seventy-five per Centum, will make up such amount as will be just compensation therefor, in the manner pro- vided for by section twenty-four, paragraph twenty, and section One hundred and forty-five Of the Judicial Code. Upon the taking over of said property by the President as aforesaid, the title to all such property SO taken Over shall immediately west in the United States. For the purposes of this Act there is hereby appropriated out of any money in the Treasury of the United States not otherwise appropriated the Sum of $1,000,000, or so much thereof as may be necessary: Provided That no railroad Shall be built in the DiS- trict of Columbia under this Act, until Congress has approved the point from which such road may start azid also the route to be followed in the District. Of Columbia. (April 26, 1918, c. 64, 40 Stat.) | § 2804c. Commission to report on additional yard or station on Atlantic Coast—Said commission Shall also investigate and report upon the necessity, desirability, and advisability of improving existing or establishing an additional navy yard or naval station On the Atlantic Coast South of Cape Hatteras or on or near the United States goast of the Gulf of Mexico Or in the Caribbean Sea of a character adequate for the proper naval defense of that portion of the coun- try. Said report shall contain all the information of like character as directed in the preceding paragraph relating to the investigation and report as to the Pa- cific Coast. (Aug. 29, 1916, c. 417, 39 Stat. 571.) § 2804d. Same; report as to establishment of submarine and aviation bases—Said commission Shall also investigate and report as to the necessity, desirability, and advisability of establishing subma- rine and aviation bases on the Atlantic, Gulf of Mexico, and Pacific Coasts and other possessions of the United States, and as to the cost and location thereof. (Aug. 29, 1916, c. 417, 39 Stat. 571.) § 2804e. Same; report as to abolition of exist- ing yards or stations—Said commission shall also in- Vestigate and report as to the necessity, desirability, and advisability of abolishing any existing navy yard Or naval Station, and if such action is recommended, to report fully the reasons therefor and the advan- tages to be obtained thereby. (Aug. 29, 1916, c. 417, 39 Stat. 571.) § 2804f. Building of vessels in yards—The Sec- retary of the Navy shall build any of the vessels herein appropriated for in such navy yards as he Imay designate should it reasonably appear that the per- Sons, firms, or corporations, or the agents thereof, bidding for the construction of any of said vessels have entered into any combination, agreement, or un- derstanding, the effect, object, or purpose of which is to deprive the Government of fair, open, and un- restricted Competition in letting contracts for the con- Struction of any of said vessels: Provided, that the Secretary of the Navy is hereby authorized to build any of the vessels herein authorized in such navy yards as he may designate. (March 4, 1917, c. 180, 39 Stat. 1194.) § 2804ff. Equipment of yards—In the event the Secretary of the Navy is unable to secure from the private shipbuilders contracts for the expeditious con- Struction of the ships heretofore authorized at a fair and reasonable price, the sum of $12,000,000, or so much thereof as may be necessary, is hereby appropri- ated to enable the Secretary of the Navy to equip the navy yards with suitable and necessary machinery, implements, building ways, and equipment for the construction of such of said vessels as may be assign- ed to navy yards for construction. (March 4, 1917, c. 180, 39 Stat. 1194.) - - Chapter Seven—General Provisions Re- lating to the Navy - Sec. 2805. Regulations. 2806. Same; copy for officers. 2807. Oath of allegiance. 2808. Regulations of supplies. 2808a. Reserve supplies. 2809. Exchange of typewriting and computing machines. 2809a. Exchanging worn-out motor vehicles. 2810. Sales of stores to officers and men and to civilian em- ployés. 2811. Profit on sales of stores. 2812. Disbursing money on foreign stations. 2813. Insane. 28.13a. Detail to service with Republic of Haiti. 28.13b. Same; substitution; pay and allowances. 28130. Same; credit for service in computing longevity. 2813CC. Detail. - 28130. Reports as to improvements of harbors, canals and channels. 2813e. Extension of Act May 18, 1917, c. 15, §§ 12, 13, to Navy. § 2805. Regulations—The Orders, regulations, and instructions issued by the Secretary Of the Navy prior to July 14, 1862, with such alterations as he 3 2806 (Tit. 15 THE NAVY IPage 3641 may since have adopted, with the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner. (R. S. § 1547.) . § 2806. Same; copy for officers—The Secretary Of the Navy shall cause each commissioned or War- rant officer of the Navy, on his entry into the service, to be furnished with a copy of the regulations and general Orders of the Navy Department then in force, and thereafter with a copy of all such as may be is- sued. (R. S. § 1548.) § 2807. Oath of allegiance–The oath of alle- giance now provided for the officers and men of the Army and Marine Corps shall be administered here- after to the officers and men of the Navy. (March 3, 1899, c. 413, § 25, 30 Stat. 1009.) Form of oath, see § 3218. § 2808. Regulations of supplies—It shall be the duty of the President to make, subject to the provisions of law concerning supplies, such regulations for the purchase, preservation, and disposition of all articles, stores, and supplies for persons in the Navy, as may be necessary for the safe and economical ad- ministration of that branch of the public service. (R. S. § 1549.) See §§ 6758–6762. . § 2808a. Reserve supplies—Reserve material, Navy: For procuring apparatus and materials (Other than Ordnance materials and medical stores), as a War reserve necessary to be carried in the Supply depart- ments for the purpose of fitting out vessels of the fleet and merchant auxiliaries in time of war or when, in the opinion of the President, a national emergency ex- ists, to be immediately available and to continue avail- able until expended, * * : Provided, That, to pre- vent deterioration Such materials shall be used as re- quired in time of peace, and when so used reimburse- ment shall be made to this appropriation from Current naval appropriations in order that additional stocks may be procured. (March 4, 1917, c. 180, 39 Stat. 1183.) - * § 2809. Exchange of typewriting and com- puting machines—Hereafter worn Out typewriting and computing machines for the naval establishment may be exchanged as a part of the purchase price of new ones. (Aug. 22, 1912, c. 335, 37 Stat. 346.) § 2809a. Exchanging worn-out motor vehicles —Hereafter worn-out motor-propelled vehicles for the Naval Establishment may be exchanged as a part of the purchase price of new ones. (Aug. 29, 1916, C. 4.17, 39 Stat. 565.) § 2810. Sales of stores to officers and men and to civilian employés—Hereafter such stores as the Secretary of the Navy may designate may be pro- cured and sold to officers and enlisted men of the Navy and Marine Corps, also to civilian employees at naval stations beyond the continental limits of the United States and in Alaska, under such regulations as the Secretary of the Navy may prescribe. (March 3, 1909, c. 255, 35 Stat. 768.) See §§ 1954a, 1954b, 2942. -. § 2811. Profit on sales of stores—Hereafter a profit not to exceed fifteen per centum may be charg- ed on sales from ships' stores, such profit to be ex- pended in the discretion of the Secretary of the Navy, under such regulations as he may prescribe, for the amusement, comfort, and contentment of the enlisted force, and to be accounted for to the Bureau of Sup- plies and Accounts, Navy Department. (June 24, 1910, c. 378, 36 Stat. 619.) § 2812. Disbursing money on foreign stations —No person shall be employed or continued abroad, to receive and pay money for the use of the naval Serv- ice on foreign stations, whether under contract Or otherwise, who has not been, or shall not be, ap- pointed by and with the advice and consent of th Senate. (R. S. § 1550.) * * - See §§ 2529, 2842, § 2813. Insane—The Secretary of the Navy may cause persons in the naval Service or Marine Corps, who become insane while in the service, to be placed in such hospital for the insane as, in his opinion, Will be most convenient and best calculated to promise a restoration of reason. And he may pay to any Such hospital, other than the Government Hospital for the Insane in the District of Columbia, the pay which may from time to time be due to such insane person, and he may, in addition thereto, pay to such institul- tion, from the annual appropriation for the naval service, under the head of contingent enumerated, any deficiency of a reasonable expense, not exceeding One hundred dollars per annum. (R. S. § 1551.) (R. S. § 1552. Repealed.) This section authorized the establishment of depots for coal and other fuel for War vessels. It was repealed by Act March 4, 1913, c. 148, 37 Stat. 898. : (R. S. § 1553. Repealed.) This section, making it an offense to entice persons to desert the naval service, was incorporated into Criminal Code, in section 42 thereof, and was repealed by section 341 thereof. See §§ 10206, 10515. t § 281.3a. Detail to service with Republic of Haiti–That the President, Of the United States be, and he is hereby, authorized, in his discretion, to de- tail to assist the Republic of PIaiti such officers and, enlisted men of the United States Navy and the Unit- ed States Marine Corps as may be mutually agreed upon by him and the President of the Republic of Haiti: Provided, That the Officers and enlisted men so detailed be, and they are hereby, authorized to accept from the Government of Haiti the said em- ployment with compensation and emoluments from the said Government of Haiti, subject to the approval of the President of the United States. (June 12, 1916, c. 140, § 1, 39 Stat. 223.) . - § 28.13b. Same; substitution; pay and allow anees—TO insure the Continuance of this work during Such time as may be desirable, the President may have the power of substitution in the case of the termina- tion of the detail of any officer Or enlisted man for any cause: Provided, That during the continuance of such details the officers and enlisted men shall con- tinue to receive the pay and allowances of their ranks or ratings in the Navy or Marine Corps. (June 12, 1916, c. 140, § 2, 39 Stat. 224.) - § 281.3 c. Same; credit for service in comput- ing longevity—Officers and enlisted men of the Navy and Marine Corps detailed for duty to assist the Re- public of Haiti shall be entitled to the same credit for such service, for longevity, retirement, foreign Service, pay, and for all other purposes, that they would receive if they were serving with the Navy or with the Marine Corps. (June 12, 1916, c. 140, § 5, 39 Stat. 224.) - § 28130c. Detail—That the President of the Unit- ed States be, and he is hereby, authorized, in his dis- cretion, to detail to assist the Dominican Republic, of- ficers and enlisted men of the United States Navy and the United States Marine Corps: Provided, That officers and enlisted men so detailed be, and they are hereby, authorized to accept from the Government of the Dominican Republic offices under said Government with compensation and emoluments from the said Dominican Republic, subject to the approval of the President of the United States: Provided further, That while so detailed such Officers and enlisted men shall receive, in addition to the compensation and emoluments allowed them by the DOminican Republic, the pay and allowances of their rank or rating in the TInited States Navy or United States Marine Corps, as the case may be, and they shall be entitled to the same credit, while so serving, for longevity, retire- ment, foreign-service pay, and for all other purposes that they would receive if they were serving with the United States Navy or Marine Corps in said Domini- can Republic. (Feb. 11, 1918, c. 15, 40 Stat.) § 281.3d. Reports as to improvements of har- bors, canals and channels—The Secretary of War and the Secretary of the Navy are authorized and directed to report to Congress at the earliest practi- Cable date : Ch. 8) 3 2814a THE NAVY IPage 365] First. Specific plans for improvement of the har- bors and canals and connecting channels which, in their judgiment, Will best provide adequate facilities for Operations Of the fleet for defense of the harbol's On the Atlantic, Gulf, and Pacific coasts of the United States. Second. The feasible extensions requisite to make eXisting approved projects for improvement. Of the aforementioned harbors, canals, and channels availa- ble for the purposes stated in the foregoing para- graph. - w - Third. The cost Of each such several improvements Calculated upon the basis Of Completion thereof un- der contract within five years. (Aug. 29, 1916, c. 417, 39 Stat. 618.) - - § 281.32. Extension of Act ſ/ſay 18, 1917, c. 15, §§ 12, 13, to Navy—In construing the proVisions of sections twelve and thirteen of the selective-draft Act approved May eighteenth, nineteen hundred and Seventeen, the word “Army” shall extend to alld in- clude “Navy”; the word “military” shall include “naval”; “Article of War” shall include “Articles for the Government of the Navy”; the Words “Camps, station, cantonment, camp, fort, post, officers’ or en- listed men's club,” in section twelve, and “camp, sta- tion, fort, post, cantonment, training, or mobilization place,” in section thirteen, shall include such places under naval jurisdiction as the President may pre- scribe, and the powers therein conferred upon the Secretary of War with regard to the military serv- ice are hereby conferred upon the Secretary of the Navy with regard to the naval Service. (Oct. 6, 1917, c. 92, 40 Stat. 393.) f - The sections mentioned in this section are $$ 2019a, 2019b, relating to intoxicating liquors, houses of ill fame, etc., in or near military camps, etc. Chapter Eight—Pay, Emoluments, and Allowances Rates of pay; commissioned officers of active list. . Same; staff corps and staff Officers. ' 2815. Changes in pay. 2816. Rates of pay; of mathematics and civil engineers; Sec. 2814. mates; naval constructors; professors Warrant OfficerS. 2816a. Additional pay of gun pointers or gun Captains. 2817. Increase of pay for length of Service. * 2818. Service pay; credit for service to officers appointed from civil life. 2819. Same; credit for service not to apply to officers Subse- quently appointed. - Increase of pay; officers on sea duty, or shore duty beyond limits of United States. - 2821. Same ; officers on shore duty beyond Sea.S. 2822. Sea, pay; Iimitation of claims. 2823. Increase of pay and allowances of naval aviators and air craft men. . Pay and allowances of Admiral. 2825. [Superseded.] . Additions to pay of aids to rear-admirals. 2827. Pay of midshipmen. 2828. Pay and allowances of chaplains. 2829. Same; limited. . Pay of assistant civil engineers. 2831. Increase of pay of warrant officers, and mates. 2832. Furlough pay.. " 2833. No additional allowances, except as specified. 2834. Volunteer Service. 2835. Commencement of pay; original entry. 2836. Same; graduates of Naval Academy. Same; officers promoted. Same; officers advanced in grade and rank after March 3, 1899. 2839. Allowance of pay to officer dismissed and restored. 2840. Pay; cases of delayed examination. 2841. Advances; persons on distant Stations. 2841a. Same; officers ordered to and from 'sea or shore duty beyond seas. 2842. Person acting as paymaster when Office vacant in ship at Sea. 2843. Pay and allowances of chiefs of bureaus. Mileage to officers traveling on public business. 2844. Expenses in lieu of mileage to officers traveling abroad. 7843. Mileage to officers traveling Within United States. 2846. Repeated travel expenses. . Mileage books or commutation tickets. 2848. Allowance for traveling expenses. 2849. Claims for traveling expenses. 2850. Claims for difference between mileage and expenses. Mileage not paid where transportation furnished. Commutation of quarters to officers on shore. Sec. - 2851a. Allowances to warrant officers. . 2852. Alºnges to civil engineers and professors of mathe- Iſla.{{CS. - 2853. Officers serving as store-keepers on foreign stations. 2854. Civilians, store-keepers on foreign stations. - 2855. Enlisted men. 2855a. Same; ratings established; base pay. 2856. Same; increase of pay. t 2856a. Saline; temporary increase of pay. 2857. Additional pay for serving as firemen and coal-heavers. 2858. Allowance on discharge in lieu of transportation and subsistence. 2859. Sea, service. 2860. Detention beyond term of enlistment. 2861. Bounty for re-enlisting. 2862. Samé ; benefits extended. 2863. Crews of Wrecked or lost vessels. Crews of vessels taken by enemy. 2865. Fixing date of loss of missing vessel. 2866. Accounts of petty officers on lost vessel. 2867–2869. [Repealed.] 2869a. Reimbursement of officers and enlisted men of Navy, Marine Corps, and Coast Guard for effects lost, de- - stroyed or damaged by Operations of War. 2870. Allowances, on death of officer or enlisted man to wid- ow or dependent relative. - * 2870a. Deductions for funeral expenses. 2870b. Gratuity on death, result of aviation accident. 2871. Settlement of accounts; payment to widow or heirs; • funeral expenses. - 2872. Allotment of pay by officers. 2873. Assignment of wages. 2874. Deposits of savings. 2875. Same; interest on. 2876. Same; regulations. 2877. Fations; midshipmen. 2878. Same; other officers." - 2879. Same; enlisted men and boys and midshipmen. 2880. Same; when not allowed. 2881. Same; constituents of. 2882. Same; substitutions. 2883. Same; short allowance. 2884. Same; stopped for sick. 2885. Same; extra allowance to men standing night watches. 2885a. Same; extra allowance to deck force standing night - Watches. . 2886. Same; commutation price. - 2887. Same; commutation; payment for benefit of men to commissary officer. 2887a. Outfits to enlisted men. 2887b. Commutation of rations; courts-martial prisoners. 2887c. Same; payment to caterers on death or desertion. 2888. Medicines and medical attendance. 2889. Funeral expenses. 2889a. Flag for draping coffins. 2890. Pay of retired officers. 2891. Same; third assistant engineers. 2892. Same; pay not increased by promotion. 2893. Pay of retired officers and men; computation. 2894. Pay of retired officers not to include additional pay for; pay of commodore. º 2895. Pay on active duty. 28952. Pay of retired chief warrant officers. 2895b. Same. - r - 2896. Officers retired on furlough pay. 2897. Transfer from furlough to retired pay. 2898. Rations. 1. 2899. No payment to be made to retired officer employed by person furnishing supplies or material. i 2900. Bands or members to compete with civilians. 29.00a. Absence from duty on account of sickness resulting from misconduct. * : § 2814. Rates of pay; commissioned officers of active list—Hereafter all commissioned officers of the active list of the Navy shall receive the same pay and allowances according to rank and length of service, and the annual pay of each grade shall be as follows: For Admiral, thirteen thousand five hundred dollars; rear-admiral, first nine, eight thousand dollars; rear- admiral, second nine, or Commodore, six thousand dol- lars; captain, four thousand dollars; commander, three thousand five hundred dollars; lieutenant-com- mander, three thousand dollars; lieutenant, two thousand four hundred dollars ; lieutenant, junior grade, two thousand dollars; ensign, One thousand seven hundred dollars. (May 13, 1908, c. 166, 35 Stat. 127. - 'es of admirals and vice admirals, see § 2471aa. § 2814.a. Same; staff corps and staff officers— Hereafter pay and allowances of officers in the upper half of the grade or rank of rear admiral, including the staff corps and including staff officers heretofore permanently commissioned with the rank of rear ad- miral, shall be that now allowed by law for the first f & 2815 (Tit. 15 THE NAVY IPage 366] nine rear admirals, and the pay and allowances of officers in the lower half of the grade or rank of rear admiral, including the staff corps, shall be that now allowed by law for the second nine rear admirals. (Aug. 29, 1916, c. 417, 39 Stat. 577.) § 2815. Changes in pay—All pay herein provided shall remain in force until changed by Act of Con- gress. Nothing herein shall be Construed so as to re- duce the pay or allowances now authorized by law for any commissioned, warrant or appointed officer or any enlisted man of the active or retired lists of the Navy, and all laws inconsistent with this provi- sion are hereby repealed. (May 13, 1908, c. 166, 35 Stat. 128.) § 2816. Rates of pay; mates; naval construc- tors; professors of mathematics and civil engi- neers; warrant officers—The Commissioned Officers and warrant officers on the active list of the Navy of the United States, and the petty officers, seamen, Ordi- nary seamen, firemen, coal-heavers, and employés in the Navy, Shall be entitled to receive annual pay at the rates herein stated after their respective designa- tions: :}; ::: $: $: ::: sº 2: 2% Mates, when at sea, [nine hundred dollars]; on shore duty, [seven hundred dollars]; On leave, or waiting orders, [five hundred dollars]. :: >{< ::: #: >{< ::: 3: :k Naval constructors, during the first five years after date of appointment, when on duty, three thousand . two hundred dollars: On leave, or waiting Orders, two thousand two hundred dollars; during the second five years after such date, when on duty, three thousand four hundred dollars; on leave, or waiting orders, tWO thousand four hundred dollars; during the third five years after such date, when on duty, three thou- Sandi Seven hundred dollars ; ders, two thousand seven hundred dollars ; during the fourth five years after such date, when on duty, four thousand dollars; on leave, or waiting Orders, three thousand dollars; after twenty years from Such date, when on duty, four thousand two hundred dol- lars; on leave, or waiting Orders, three thousand tWO hundred dollars. Assistant naval constructors, during the first four years after date of appointment, when on duty, two thousand dollars; On leave, Or Waiting Orders, One thousand five hundred dollars; during the second four years after such date, when on duty, two thou- Sand two hundred dollars; On leave, or Waiting Or- ders, One thousand Seven hundred dollars ; after eight years from such date, when on duty, two thousand. six hundred dollars ; On leave, or Waiting Orders, One thousand nine hundred dollars. :: >}: sk >}: :: ::: >k :}; Professors of mathematics and civil engineers, dur- ing the first five years after date of appointment, when on duty, two thousand four hundred dollars; On leave, Or Waiting Orders, One thousand five hun- dred dollars; during the second five years after such date, when on duty, two thousand seven hundred dol- lärs: on leave. or waiting orders, one thousand eight Hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or Waiting Orders, two thousand One hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, Or waiting Orders, two thousand six hundred dollars. Boatswains, gunners, Carpenters, and Sail-makers, during the first three years after date of appointment, when at Sea, [One thousand two hundred dollars]; on shore duty, [nine hundred dollars]; on leave, or waiting orders, [seven hundred dollars]; during the second three years after such date, when at Sea, [One thousand three hundred dollars]; on shore duty, [One thousand dollars] ; On leave, or waiting orders, [eight hundred dollars[; during the third three years after Such date, when at sea, [One thousand four hundred dollars]; on shore duty, [One thousand three hundred On leave, Or waiting Or- dollars]; on leave, or waiting orders, [nine hundred dollars]; during the fourth three years after such date, When at Sea, [One thousand Six hundred dol- lars]; on shore duty, [One thousand three hundred dollars]; on leave, or waiting orders, [one thousand dollars] ; after twelve years from such date, when at Sea, [One thousand eight hundred dollars]; On shore duty, [One thousand six hundred dollars]; on leave, or waiting orders, [one thousand two hundred dollars]. sº Secretaries to the Admiral and the Vice-Admiral, each two thousand five hundred dollars. Secretary of the Naval Academy, eight hundred dollars. (R. S. § 1556.) One thousand :* :}; The omitted portions of this section were superseded by Subsequent provisions, principally by § 2814. And see §§ 2476-2482, 2490, 2566, 2675, 2794, 2822, 2827, 2828, 2829, 2843, 2857, 2899. As to pay of mates, boatswains, gunners, car- penters, etc., see the following sections: 2513, 2516, 2518, 2558, 2657, 2708, 2816, 2826, 2827, 2831, 2855a, 2856a. § 2816a. Additional pay of gun pointers of gun earptains—During the period. Of the present War any enlisted man of the Navy or Marine Corps who has qualified, or who may hereafter qualify, as a gun pointer or gun captain, and who has been, or may hereafter be, detailed as gun pointer or gun captain for a gun of the class for which qualified, shall be entitled to the additional pay now or hereafter pro- vided for such qualification and detail while tem- porarily absent by proper authority from the place where Ordinarily required to perform duty under such detail, Or while performing temporary duty which is not Connected with Such detail as gun pointer of gun captain. (March 29, 1918, c. 33, 40 Stat.) § 2817. Increase of pay for length of service —There shall be allowed and paid to each Commis- Sioned officer below the rank of rear-admiral ten per centum Of his current yearly pay for each term of five years, service in the Army, Navy and Marine Corps. The total amount of such increase for length Of Service shall in no case exceed forty per Centum on the yearly pay of the grade as provided by law : Provided, That the annual pay of Captain shall not ex- ceed five thousand dollars per annum ; Of commander, four thousand five hundred dollars per annum ; and of lieutenant-Commander, four thousand dollars per annum. (May 13, 1908, c. 166, 35 Stat. 128.) § 2818. Service pay; credit for service to of- ficers appointed from civil life—All Officers, in- cluding warrant Officers, who have been Or may be appointed to the Navy from civil life shall, on the date of appointment, be credited, for computing their pay, with five years' service. (March 3, 1899, c. 413, § 13, 30 Stat. 1007.) - § 2819. Same; credit for service not to apply to officers subsequently appointed—That so much of an Act entitled “An Act to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps,” approved March third, eighteen hundred and ninety-nine, which reads as follows: “and that all Officers, including Warrant Officers, who have been or may be appointed to the Navy from Civil life shall, On the date of appointment, be credited for comput- ing their pay, with five years' service,” shall not ap- ply to any person entering the Navy from and after the passage of this Act. (March 4, 1913, c. 148, 37 Stat. 891.) See § 2818. § 2820. Increase of pay; officers on sea duty, or shore duty beyond limits of United States—All officers On Sea duty and all officers On Shore duty be- yond the continental limits of the United States shall while so serving receive ten per Centum additional of their salaries and increase as above provided, and Such increase shall Commence from the date of re- porting for duty on board ship or the date of sail- ing from the United States for Shore duty beyond the Ch. 8) 3 2837 THE NAVY seas or to join a ship in foreign waters. (May 18, 1908, c. 166, 35 Stat. 128.) y § 2821. Sazme; officers on shore duty beyond seas—Officers of the Navy, and officers and enlisted men of the Marine Corps, who have been detailed, Or may hereafter be detailed, for shore duty in Alaska, the Philippine Islands, Guam, or elsewhere beyond the Continental limits of the United States, shall be considered as having been detailed for “shore duty beyond seas,” and shall receive pay accordingly, with such additional pay as may be provided by law for service in island possessions of the United States. (March 3, 1901, c. 852, 31 Stat. 1107.) - - - § 2822. Sea, pay; Himitation of claims—Here- after the accounting officers of the Treasury shall not receive, examine, consider, or allow any claim against the United States for Sea pay [or Commutation of rations] which has been or may be presented by Officers Óf the Navy, their heirs or legal representa- tives, under the decisions of the Supreme Court, which have heretofore been adopted as a basis for the allowance of such claims, which accrued prior to July sixteenth, eighteeri hundred and eighty. (July 28, 1892, c. 311, § 2, 27 Stat. 313.) Text in brackets superseded by a provision of Act March 3, 1899, c. 413, 30 Stat. 1007. -- § 2823. Increase of pay and allowances o naval aviators and air craft men—Hereafter offi- cers of the Navy and Marine Corps appointed student naval aviators, while lawfully detailed for duty in- Volving actual flying in air craft, including balloons, dirigibles, and aeroplanes, shall receive the pay and allowances of their rank and service plus thirty-five per centum increase thereof; and those officers who have heretofore qualified, or may hereafter qualify, as naval aviators, under such rules and regulations as have been Or may be prescribed by the Secretary Of the Navy, shall, while lawfully detailed for duty in- Volving actual flying in air craft, receive the pay and allowances of their rank and service plus fifty per centum increase thereof. Hereafter enlisted men of the Navy or Marine Corps, while detailed for duty involving actual flying in air Craft, Shall receive the pay, and the permanent additions thereto, including allowances, of their rating and service, or rank and Service, as the Case may be, plus fifty per centum in- crease thereof: Provided, That not more than a year- ly average of forty-eight Officers and ninety-six en- listed men. Of the Navy and twelve Officers and twenty-four enlisted men of the Marine Corps, de- tailed for duty involving actual flying in air craft, shall receive any increase in pay while on duty in- volving actual flying in air craft, nor shall any of— ficer in the Navy senior in rank to commander, nor any Officer in the Marine Corps senior in rank to major, receive any increase in pay or allowances by reason of such detail or duty. (March 3, 1915, c. 83, 38 Stat. 939.) - - See § 2952%.c. : $ 2824. Pay and allowances of Admiral—Pay of the Navy. For the pay and allowances prescribed by law of officers * * including the admiral of the Navy, whose pay and allowances shall be the same as those received by the last general Of the United States Army. (March 3, 1899, c. 421, 30 Stat. 1024.) Pay of admiral and vice admirals, see § 2471aa. § 2825. [Superseded.] This section (a provision of Act March 3, 1899, c. 418. § 7, 30 Stat. 1005) was superseded by § 2814a. § 2826. Additions to pay of aids to rear- admirals—Aids to rear-admirals embraced in the nine lower numbers Of that grade shall each receive One hundred and fifty dollars additional per annum, and aids to all other rear-admirals, two hundred dol- lars additional per annum each. (May 13, 1908, C. 166, 35 Stat. 128.) § 2827. Pay of midshipmen—The pay of mid- shipmen shall hereafter be six hundred dollars per annum while at the Naval Academy, and one thou- sand four hundred dollars per annum after gradua- [Page 367] & | tion from the Naval Academy. (May 13, 1908, c. 166, 35 Stat. 128.) - : § 2828. Pay and allowances of chaplains—All Chaplains now in the Navy above the grade of lieuten- ant shall receive the pay and allowances of lieuten- ant-Commander in the Navy according to length of Service under the provisions of law for that rank, and all chaplains now in the Navy in the grade of lieutenant shall receive their present sea pay when on shore duty. (June 29, 1906, c. 3590, 34 Stat. 554.) See §§ 2541c, 2675, 2829. - . § 2829. Same; limited—The pay and allowances of Chaplains in the Navy shall in no case exceed that provided for lieutenant-commanders. (May 13, 1908, c. 166, 35 Stat. 128.) § 2830. Pay of assistant civil engineers—AS- sistant civil engineers, during the first five years after date of appointment, shall receive, per annum, when On duty, One thousand five hundred dollars, when on leave Or waiting orders, one thousand dollars; dur- ing the second five years after such date, when on duty, One thousand eight hundred dollars, when on leave Or Waiting orders, one thousand two hundred dollars; and after ten years from such date, when On duty, two thousand one hundred dollars, and when On leave Or waiting Orders, One thousand four hun- dred dollars. (March 3, 1903, c. 1010, 32 Stat. 1197.) See §§ 2816, 2852. . § 2831. Increase of pay of warrant officers and mates-The pay of all warrant officers and mates is hereby increased twenty-five per centum. (May 13, 1908, c. 166, 35 Stat. 128.) - See §§ 2557, 2558, 2658, 2816. : - § 2832. Furlough pay—Officers on furlough Shall receive only one-half of the pay to which they Would have been entitled if on leave of absence. (R. S. § 1557.) - § 2833. No additional allowances, except as specified—The pay prescribed in the two preceding Sections shall be the full and entire compensation of the Several Officers therein named, and no additional allowance Shall be made in favor of any of said offi- CerS On any account whatever, except as hereinafter provided. (R. S. § 1558.) § 2834. Volunteer service—When a volunteer naval Service is authorized by law, the officers there- in Shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. (R. S. § 1559.) § 2835. Commencement of pay; original. entry-The pay of an officer of the Navy, upon his Original entry into the service, except where he is required to give an official bond, shall commence upon the date of his acceptance of his appointment; but Where he is required to give such bond his pay shall Commence upon the date of the approval of his bond by the proper authority. (R. S. § 1560.) . . § 2836. Same; graduates of Naval Academy— Every [naval Cadet or cadet engineer] who has here- tofore graduated or may hereafter graduate from the Naval Academy, and who has been or may hereafter be commissioned, within six months after such grad- uation, an officer in the Navy or Marine Corps of the |United States, under the laws appointing such grad- uate to the Navy or Marine Corps, shall be allowed the pay of the grade in which he may be so commis- Sioned from the date he takes rank as stated in his Commission to the date of qualification and acceptance * commission. (March 3, 1893, c. 212, 27 Stat. 715. - 're in brackets superseded by § 2719. (R. S. § 1561. Superseded.) - This section provided for increased pay to officers pro- moted to fill vacancies, Who Was in performance of duties of higher grade from date he was to take rank. It was superseded by § 2837. § 2837. Same; officers promoted—On and after the passage of this act, any officer of the Navy who may be promoted in course to fill a Vacancy in the next higher grade shall be entitled to the pay of the ź 2838 THE NAVY - (Tit. 15 [Page 368] grade to which promoted from the date he takes rank therein, if it be subsequent to the vacancy he is ap- fººd to fill. (June 22, 1874, c. 392, § 1, 18 Stat. § 2838. Same; officers advanced in grade and rank after March 3, 1899—All Officers Of the Navy who, since the third day of March, eighteen hundred and ninety-nine, have been advanced or may hereafter be advanced in grade or rank pursuant to law shall be allowed the pay and allowances of the higher grade Or rank from the dates stated in their CommissionS. (March 4, 1913, c. 148, 37 Stat. 892.) § 2839. Allowance of pay to officer dismissed and restored—The accounting officers Of the Treasury be, and are hereby, prohibited from making any al- lowance to any officer of the Navy who has been, Or may hereafter be, dismissed from the service and re- stored to the same under the provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled “An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other pur- poses,” to exceed more than pay as On leave for six months from the date of dismissal, unless it shall ap- pear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to de- mand as often as once in six months, a trial as pro- vided for in said act. (June 22, 1874, C. 392, § 2, 18 Stat. 192.) : See § 3005. - § 2840. Pay; cases of delayed examination— If an Officer of a class subject to examination before promotion shall be absent on duty, and by reason Of such absence, or of other cause not involving fault On his part, shall not be examined at the time required by law or regulation, and shall afterward be examin- ed and found qualified, the increased rate of pay to which his promotion would entitle him shall Com- mence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation ; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such Case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was SO entitled to take rank. (R. S. § 1562.) § 2841. Advances; persons on distant stations —The President of the United States may direct such advances, as he may deem necessary and proper, to such persons in the naval service as may be employed On distant stations where the discharge of the pay and emoluments to which they are entitled Cannot be reg- ularly effected. (R. S. § 1563.) § 284 ia. Same; officers ordered to and from sea, or shore duty beyond seas—Hereafter advances of pay not to exceed three months’ pay in any One case may be made to officers ordered to and from sea duty and to and from shore duty beyond the Seas, under Such regulations as the Secretary of the Navy may prescribe. (March 4, 1917, c. 180, 39 Stat. 1181.) § 2842. Person acting as paymaster when of- fice vacant in ship at sea—Any person performing the duties of paymaster, acting assistant paymaster, Or assistant paymaster, in a ship at Sea, or On a for- eign station, or on the Pacific coast of the United States, by appointment of the senior officer present, in case of vacancy of such office, in accordance with the provisions of section thirteen hundred and eighty- One, and not otherwise, shall be entitled to receive the pay of such grade while so acting. (R. S. § 1564.) See § 2529. (R. S. § 1565. Superseded.) - This section prescribed the pay of Chiefs of bureaus in the Navy Department. It was superseded by the Navy Personnel Act of March 3, 1899, c. 413, § 7 (§ 2482), and by a proviso annexed to said section, Which was superseded by §§ 2814, 2814a. And see § 2843. § 2843. Pay and allowances of chiefs of bu- reaus—The pay and allowances of Chiefs of bureaus e in the Navy Department shall be the highest pay of the grade to which they belong, and not below that of rear-admiral of the lower nine. (May 13, 1908, c. 166, 35 Stat. 128.) (R. S. § 1566. Superseded.) This section provided for mileage at 10 cents a mile to Officers in naval service and store-keepers at foreign sta- tions for travel when under orders, and an allowance to officers traveling in foreign countries under orders, for ex- pense of transportation of baggage. Only actual traveling expenses were allowed, and mileage was declared illegal, by Act June 16, 1874, c. 285, § 1, 18 Stat. 72; and traveling expenses were not to be allowed unless incurred on order of Secretary of Navy, or unless allowances were approved by him, by Act June 18, 1875, c. 18 (§ 2848). Said provi- sion of said Act June 16, 1874, c. 285, was repeated, with additions, in Act March 3, 1875, c. 133, § 1 (§ 3236), but so much thereof as was applicable to officers of Navy was repealed, and mileage was restored, at eight cents per mile to such officers, while engaged on public business, in lieu of their actual expenses, by Act June 30, 1876, c. 159, 19 Stat. 65 (§ 2843a). And see §§ 2844, 2845. § 2843a. Mileage to officers traveling on pub- lic business—So much of the act of June sixteenth, One thousand eight hundred and seventy-four, making appropriations for the support of the Army for the fiscal year ending June thirtieth, one thousand eight hundred and seventy-five, and for Other purposes, as provides that only actual traveling expenses shall be allowed to any person holding employment or appoint- ment under the United States while engaged. On public business, as is applicable to officers of the Navy so en- gaged, is hereby repealed; and the sum Of eight Cents per mile shall be allowed such officers while so engag- ed, in lieu of their actual expenses. (June 30, 1876, c. 159, 19 Stat. 65.) See note under R. S. § 1566, and §§ 2844, 2845. § 2844. Expenses in lieu of mileage to officers traveling abroad—Officers of the Navy traveling abroad under orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same ; and shall receive, in lieu of the mileage now allowed by law, only their actual and reasonable ex- perises, certified under their own signatures and ap- proved by the Secretary of the Navy. (Aug. 5, 1882, C. 391, § 1, 22 Stat. 286.) § 2845. Mileage to officers traveling within United States—In lieu of traveling expenses and all allowances whatsoever Connected there with, including transportation of baggage, officers of the Navy travel- ing from point to point within the United States under Orders shall hereafter receive mileage at the rate of eight cents per mile, distance to be Computed by the shortest usually traveled route; * * Actual ex- penses only shall be paid for travel under orders Out- Side the limits Of the United States in North America. (March 3, 1901, c. 831, 31 Stat. 1029.) § 2846. Repeated travel experases—Hereafter in cases where orders are given to officers of the Navy or Marine Corps for travel to be performed repeatedly between two or more places in such vicinity as in the discretion of the Secretary Of the Navy is appropriate, he may direct that actual and necessary expenses only be allowed. (July 1, 1902, c. 1368, 32 Stat. 663.) § 2847. Mileage books or commutation tickets —The Secretary of the Navy is hereby authorized to continue to purchase Such mileage books, commuta- tion tickets, and other similar transportation tickets as may in his discretion seem necessary, and to fur- nish same to Officers and Others Ordered to perform travel on official business; and payment for such transportation tickets upon their receipt, in accord- ance with COImmercial usage, Or prior to the actual performance of the travel involved, shall not be re- garded as an advance of public money, within the meaning of section thirty-six hundred and forty-eight of the Revised Statutes. (April 27, 1904, c. 1630, § 1, 33 Stat. 403.) - See § 6647. - § 2848. Allowance for traveling expenses—No allowance shall be made in the settlement of any ac- COunt for traveling eXpenses unless the same be in- Ch. 8) § 2860 THE NAVY [Page 369] curred on the order of the Secretary of the Navy, or the allowance be approved by him. (Jan. 18, 1875, c. 18, 18 Stat. 297.) § 2849. Claims for traveling expenses—Here- after the settlement of all traveling expense claims, where the payment of such is authorized by existing . law, and the determination of distances and of what constitutes the shortest usually traveled route in the meaning of laws relating to traveling allowances, shall accord to such rules as the Secretary of the Navy may prescribe. (March 3, 1909, c. 255, 35 Stat. 774.) $ 2850. Claims for difference between mileage and expenses—Hereafter the accounting officers of the Treasury shall not receive, examine, consider, or allow any claim against the United States for differ- ence between mileage and actual expenses which has been or may be presented by officers of the Navy, their heirs or legal representatives, under the decisions of the Supreme Court which have heretofore been adopted as a basis for the allowance of Such claims, which accrued prior to July first, eighteen hundred and seventy-four. (July 7, 1898, c. 571, § 3, 30 Stat. 708.) . . . . - . . . | $ 2850a. Mileage not paid where transporta- tion furnished—EIereafter no mileage shall be paid to any officer where Government transportation is furnished such officer. (June 30, 1914, c. 130, 38 Stat. 393.) $ 2851. Commutation of quarters to officers on shore—Commutation of quarters for officers On shore not occupying public quarters, including boat- swains, gunners, carpenters, sailmakers, Warrant ma- chinists, pharmacists, and mates, who shall hereafter receive the same commutation for quarters as Second lieutenants. (March 3, 1901, c. 852, 31 Stat. 1107.) $ 285 ia. Allowances to warrant officers—War- rant officers shall receive the same allowances Of heat and light as are now or may hereafter be allowed an ensign, United States Navy. (Aug. 29, 1916, c. 417, 39 Stat. 578.) - . - $ 2852. Allowances to civil engineers and pro- fessors of mathematics—From and after the passage of this Act the allowances of civil engineers and pro- fessors of mathematics in the Navy shall be the same as are or may be provided by or in pursuance of law for naval constructors, and the allowances of assist- ant civil engineers the same as for assistant naval constructors. (June 29, 1906, c. 3590, 34 Stat. 555.) See §§ 2816, 2830. - - * § 2853. Officers serving as store-keepers on foreign stations—Officers who are ordered to take charge of naval stores for foreign squadrons, in the place of naval store-keepers, shall be entitled to re- ceive, while so employed, the shore-duty pay Of their grades; and when the same is less than fifteen hun- dred dollars a year, they may be allowed Compensa- tion, including such shore-duty pay, at a rate not ex- ceeding fifteen hundred dollars a year. (R. S. § 1567.) See §§ 2610, 2611. § 2854. Civilians, store-keepers on foreign stations—Civilians appointed as store-keepers On for- eign stations shall receive compensation for such serv- ices, at a rate not exceeding fifteen hundred dollars a year. (R. S. § 1568.) - See § 2567. . -, $ 2855. Enlisted men—The pay to be allowed to petty officers, excepting mates, and the pay and bounty upon enlistment of seamen, Ordinary seamen, firemen, and coal-heavers, in the naval service, shall be fixed by the President: Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay Of Officers, and for the said bounties upon enlistments Shall not exceed, for any one year, the amount which may, in Such year, be appropriated for such purposes. (R. S. § 1569.) w See §§ 2855a-2856a. $ 2855a. Same; ratings established; base pay —The ratings of engineman, first class, engineman, second class; blacksmith, first class, blacksmith, sec- CoMP.ST.’18–24 § by increased ten per centum. | ond class; coppersmith, first class, coppersmith, Sec- ond class; pattern maker, first class, pattern maker, second class; molder, first class, molder, Second Class ; chief special mechanic and special mechanic, first class, be, and they are hereby, established in the artificer branch of the Navy with the following Tates of base pay per month : Engineman, first class, $45; engineman, second class, $40; blacksmith, first class, $65; blacksmith, second class, $50; Coppersmith, first class, $65; coppersmith, second class, $50; pattern maker, first class, $65; pattern maker, second Class, $50; molder, first class, $65; molder, second Class, $50; chief special mechanic, $127; special mechanic, first class, $80: Provided, That the base pay of Ima- chinists’ mates, second class, and water tenders be, and it is hereby, increased from $40 to $45 per month: Provided further, That all the aforesaid rates of pay Shall be subject to such increases of pay and allow- ances as are, or may hereafter be, authorized by law for enlisted men of the Navy: And provided further, That appointments or enlistments in the said ratings may be made from enlisted men in the Navy Or from Civil life, respectively, and the qualifications of candi- dates for any of said ratings shall be determined in accordance with such regulations as the Secretary of ; New may prescribe. (Oct. 6, 1917, c. 103, 40 Stat. 7. - - * See §§ 2855, 2856, 2856a. - . $ 2856. Same; increase of pay—The pay of all active and retired enlisted men of the Navy is here- (May 13, 1908, c. 166, 35 Stat. 128.) . See §§ 2855, 2855a, 2856a. $ 2856a. Same; temporary increase of pay- Commencing June first, nineteen hundred and seven- teen, and continuing until not later than six months after the termination of the present war, all enlisted men of the Navy of the United States in active serv- ice whose base pay does not exceed $2.1 per month shall receive an increase of $15 per month; those Whose base pay is over $21 and does not exceed $24 per month, an increase of $12 per month; those Whose base pay is over $24 and less than $45 per month, an increase of $8 per month ; and those whose base pay is $45 or more per month, an increase of $6 per month: Provided, That the increases of pay herein authorized shall not enter into the computation of continuous-service pay: Provided, That during the COntinuance of the present war, warrant officers, petty Officers and enlisted men of the United States Coast Guard shall receive the same rates of pay as are Or may hereafter be prescribed for corresponding grades Or ratings and length of service in the Navy. (May 22, 1917, c. 20, § 15, 40 Stat. 87.) See §§ 2855, 2855a, 2856. - $ 2857. Additional pay for serving as firemen and coal-heavers—Every seaman, landsman, or ma- rine Who performs the duty of a fireman on board any Vessel of War shall be entitled to receive, in ad- dition to his compensation as seaman, landsman, or marine, a 20mpensation at the rate of 33 cents a day for the time he is employed as fireman. (R. S. § 1570, amended, March 29, 1918, c. 32, 40 Stat.) $ 2858. Allowance on discharge in lieu of transportation and subsistence—Hereafter enlisted men, discharged on account of expiration of enlist- ment, Shall receive in lieu of transportation and Sub- Sistence, travel allowance of four cents per mile from the place of discharge to the place of enlistment, for travel in the United States. (June 29, 1906, c. 3590, 34 Stat. 555.) $ 2859. Sea service—No service shall be regarded as Sea Service except such as shall be performed at Sea, under the Orders of a Department and in vessels employed by authority of law. (R. S. § 1571.) Limitation of claims for sea pay, see § 2822. § 2860. Peteration beyond term of enlistment —All petty Officers and persons of inferior ratings who 2 2860 (Tit. 15 THE NAVY [Page 370I are detained beyond the terms of service, according to the provisions of section fourteen hundred and twenty-two, or who, after the termination of their service, voluntarily re-enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an ad- dition of one-fourth of their former pay. (R. S. § 1572.) - See § 2591. . . - § 2861. Bounty for re-exalisting—If any enlist- ed man or apprentice, being honorably discharged, shall reenlist for four years within four months thereafter, he shall, on presenting his honorable dis- charge or on accounting in a satisfactory manner for its loss, be entitled to a gratuity of four months' pay equal in amount to that which he would have re- ceived if he had been employed in actual Service: Provided, That any enlisted man in the Navy whose term of enlistment has been extended for an aggregate of four years shall, after the expiration of the pre- Ceding four-year term of enlistment upon which the extension is made and if otherwise entitled to all honorable discharge, be paid the gratuity above pro- vided: And provided, That any man who has received an honorable discharge from his last term of enlist- ment, or who has received a recommendation for re- enlistment upon the expiration of his last term of en- listment, Who reenlists for a term of four years Within four months from the date of his discharge, shall re- ceive an increase of One dollar and thirty-six cents per month to the pay prescribed for the rating in which he serves for each successive reenlistment: And provided further, That an extension of the pe- riod of enlistment as hereinbefore authorized, aggre- gating four years, shall be held and considered as equivalent to continuous service with respect to all rights, privileges, and benefits granted for such serv- ice pursuant to law. (R. S. § 1573, amended, March 3, 1899, c. 413, § 16, 30 Stat. 1008, and Aug. 22, 1912, c. 335, 37 Stat. 331.) - w § 2862. Saxme; benefits extended—The benefits Of honorable discharge as conferred by section four- teen hundred and twenty-six of the Revised Statutes, and of three months’ pay upon reenlistment after honorable discharge as conferred by section fifteen hundred and seventy-three upon seamen, Ordinary Seamen, land Smen, firemen, coal heavers and boys, be, and the same are hereby, extended and made applica- ble to all enlisted persons in the Navy. (June 11, 1896, No. 62, 29 Stat. 476.) - . § 2863. Crews of wrecked or lost vessels— When the crew of any vessel of the United States are separated from such vessel, by means of her Wreck, loss, or destruction, the pay and emoluments of such Of the Officers and men as shall appear to the Secre- tary of the Navy, by the sentence of a Court-martial Or Court of inquiry, or by Other satisfactory evidence, to have done their utmost to preserve her, and, after said Wreck, loss, Or destruction, to have behaved them- selves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. (R. S. § 1574.) § 2864. Crews of vessels taken by emermy—The pay and emoluments of the officers and men of any vessel of the United States taken by an enemy who shall appear, by the sentence of a court-martial or otherwise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. (R. S. § 1575.) § 2865. Fixing date of loss of missing vessel— The proper accounting officers of the Treasury are authorized, under the direction of the Secretary of the Navy, in settling the accounts of Seamen, and oth- ers, not Officers, borne On the books of any Vessel in the Navy which shall have been wrecked, or Which shall have been unheard from so long that her Wreck may be presumed, or which shall have been destroyed or lost with the rolls and papers necessary to a regu- lar and exact settlement of such accounts, to fix a day when such wreck, destruction, or loss shall be deemed to have occurred. (R. S. § 286.) § 2866. Accounts of petty officers on lost ves- sel—The proper accounting officers of the Treasury are authorized, in settling the accounts of the petty officers, Seamen, and others, not officers, on board of any vessel in the employ of the United States, which by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, together With the rolls and papers necessary to the exact as- Certainment of the Several accounts of the same at the date of such loss, to assume the last quarterly return of the paymaster of any such vessel as the basis for the computation of the subsequent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such Quarterly return has, from any cause, not been made, the accounting officers are authorized to adjust and Settle Such accounts on principles of equity and jus- tice. (R. S. § 287.) + . §§ 2867–2869. [Repealed.] .* These sections (R. S. §§ 288-290), relating to compensa- tion to officers, etc., for personal effects lost on vessels, §§ revealed by Act Oct. 6, 1917, c. 85, 40 Stat. 390. See § 2869a. Reimbursement of officers and en- listed men of Navy, Marine Corps, and Coast Guard for effects lost, destroyed or darnaged by operations of war—That the Paymaster General of the Navy be, and he is hereby, authorized and di- rected to reimburse such Officers, enlisted men, and Others in the naval Service of the United States as may have suffered, or may hereafter suffer, loss or destruction of or damage to their personal property and effects in the naval service due to the operations of war or by shipwreck or other marine disaster when such loss, destruction, or damage was without fault or negligence on the part of the claimant, Or Where the private property so lost, destroyed, or damaged was shipped on board an unseaworthy vessel by Or- der of an officer authorized to give such order or di- rect such shipment, or where it appears that the loss, destruction, or damage of or to the private property of the claimant was in consequence of his having given his attention to the saving of the lives of others or of property belonging to the United States which was in danger at the same time and under similar cir- Gumstances. And the liability Of the Government un- der this Act shall be limited to such articles of per- Sonal property as the Chief of the Bureau of Naviga- tion of the Navy Department, with reference to the personnel of the Navy, or the major general command- ant. Of the Marine Corps, with reference to the per- Sonnel of that Corps, in his discretion, shall decide to be reasonable, useful, and proper for such officer, en- listed man, or other person while engaged in the pub- lic service in line of duty, and the certificate of said chief of bureau or major general Commandant, as the case may be, shall be sufficient Youcher for and shall be final as to all matters necessary to the establish- ment and payment or settlement of any Claim filed hereunder ; and the action of the said chief of bureau Or major general Commandant, as the Case may be, upon all claims arising under this Act shall be final, and no right to prosecute a claim or action in the Court of Claims Or in any other Court of the United States, or before any accounting officer of the United States, or elsewhere, except as herein provided, shall accrue to any person by virtue of this Act: Provided, That the liability of the Government under this Act shall be limited to such articles of personal property as are required by the United States Naval Regula- tions and in force at the time of loss or destruction for Such officers, petty Officers, Seamen, or Others en- gaged in the public service in the line of duty: Pro- Vided further, That with reference to claims of per- Ch. 8) 3 2873 THE NAVY [Page 371.I. Sons in the Marine Corps filed under the terms of this Act the paymaster of the Marine Corps shall make the reimbursement in money, and the quartermaster Of the Marine Corps shall make the reimbursement in kind herein provided for: And provided further, That all claims now existing under this Act shall be presented within two years from the passage hereof and not thereafter ; and all such claims hereafter arising shall be presented within two years from the OCCurrence of the loss, destruction, or damage: And provided further, That the term “in the naval serv- ice,” as herein employed, shall be held to include Serv- ice performed. On board any vessel, whether of the Navy or not, provided the claimant is serving on Such Vessel pursuant to the orders of duly constituted naval authority: And provided further, That all Claimants under this Act shall be required to submit their claims in writing and under oath to the said Chief of the Bureau of Navigation or major general Commandant, as the case may be: And provided fur- ther, That claims arising in the manner indicated in this Act and which have been settled under the terms of previously existing law shall be regarded as finally determined and no other or further right of recovery under the provisions hereof shall accrue to persons Who have submitted such claims as aforesaid: And provided further, That reimbursement for loss, de- struction, Or damage Sustained and determined as herein provided shall be made in kind for such arti- cles as are customarily issued to the service and shall be made in money for other articles at the valuation thereof at the time of their loss, destruction, or dam- age: And provided further, That in cases involving persons in the Navy reimbursement in money shall be made from the appropriation “Pay of the Navy,” and reimbursement in kind shall be made from the ap- propriation “Outfits on first enlistment,” and in cases involving perSOnS in the Marine Corps reimbursement in money shall be made from the appropriation “Pay, Marine Corps,” and reimbursement in kind shall be made from the appropriation “Clothing, Marine Corps,” respectively, current at the time the claim covering Such loss, damage, or destruction is paid: And pro- Vided further, That the provisions of this Act shall apply to the personnel of the Coast Guard in like man- ner as to the personnel of the Navy, whether the Coast Guard is operating under the Treasury Department Or Operating as a part of the Navy, and all of the du- ties, Which, under this Act, devolve upon the major general Commandant of the Marine Corps with refer- ence to the personnel of that corps, shall devolve upon the Captain commandant of the Coast Guard, and in Cases involving persons in the Coast Guard reimburse- ment in money shall be made by a disbursing officer of the Coast Guard from the appropriation “Coast Guard” and reimbursement in kind shall be made by the Captain commandant from the appropriation “Coast Guard.” (Oct. 6, 1917, c. 85, 40 Stat. 389.) § 2870. Allowances, on death of officer or en- listed Imam to widow or dependent relative—Here- after immediately upon official notification of the death, from Wounds or disease not the result of his OWn misconduct, of any officer or enlisted man on the active list of the Navy and Marine Corps, or of any retired officer or enlisted man serving on active duty during the continuance of the present war, the Pay- master General of the Navy shall cause to be paid to the widow, and, if no widow, to the children, and, if there be no children, to any other dependent relative Of Such officer or enlisted man previously designated by him, an amount equal to six months’ pay at the rate received by such officer or enlisted man at the date of his death, [less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man, to defray expenses of interment, and the residue, if any, of the amount reserved] shall be paid Subsequently to the designated person. The Sec- retary of the Navy shall establish regulations requir- ing each officer and enlisted man to designate the proper person to whom this amount shall be paid in Case of death, and said amount shall be paid to that perSon from funds appropriated for the pay of the Navy and Marine Corps. (May 13, 1908, c. 166, 35 Stat. 128, amended Aug. 22, 1912, c. 335, 37 Stat. 329, and Oct. 6, 1917, c. 89, 40 Stat. 392.) - Text in brackets superseded by § 2870a. Section modi- fied, in its application to aviation accidents, by § 2952%s. § 287 Oa. Deductions for funeral expenses—No deduction shall hereafter be made from the six months’ gratuity pay allowed under the naval Act of August tWenty-Second, nineteen hundred and twelve, On a C- Count of expenses for funeral, interment, or for ex- penses of preparation and transportation of the re- mains: Provided further, That the sum herein ap- propriated shall be available for payment for trans- portation of the remains of officers and men Who have died while on duty at any time since April twenty- first, eighteen hundred and ninety-eight, and shall be available until June thirtieth, nineteen hundred and eighteen. (Aug. 29, 1916, c. 417, 39 Stat. 572.) § 287 Ob. Gratuity on death result of aviation accident—In the event Of the death of an Officer G.2 enlisted man Of the Navy or Marine Corps from WOunds Or disease, the result of an aviation accident, not the result of his own misconduct, received while engaged in actual flying in or in handling air craft, the gratuity to be paid under the provisions of the Act approved August twenty-second, nineteen hundred and twelve, entitled “An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes,” shall be an amount equal to one year’s pay at the rate received by such officer or enlisted man at the time of the accident resulting in his death. (March 3, 1915, c. 83, 38 Stat. 939.) - See § 2952%s. § 2871. Settlement of accounts; payment to widow or heirs; funeral expenses—Hereafter, in the Settlement. Of the accounts of deceased officers Or enlisted men of the Navy and Marine Corps, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the ac- COUnting Officers may allow the amount found due to the decedent’s Widow or legal heirs in the following Order of precedence: First, to the widow ; second, if the decedent left no Widow, or widow be dead at time of Settlement, then to the children or their issue, per stirpes ; third, if no widow or descendants, then to the father and mother in equal parts, provided father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead, then to the One surviving; fifth, if there be no widow, child, father, or mother at the date of Settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: [Provided, That this Act shall not be so Con- strued as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers.] (May 27, 1908, c. 200, § 1, 35 Stat. 373.) Text in brackets superseded by § 2870a. 2889. § 2872. Allotment of pay by officers—That the Secretary of the Navy be, and he is hereby, author- ized to permit officers of the Navy and the Marine See, also, $ Corps to make allotments from their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other proper purposes, during such time as they may be absent at Sea, On distant duty, Or under other circumstances warranting such action. (June 10, 1896, c. 399, § 1, 29 Stat. 361.) § 2873. Assignment of wages—Every assign- ment of Wages due to perSons enlisted in the naval Service, and all powers Of attorney, Or other author- ity to draw, receipt for, or transfer the same, shall § 2874 (Tit. 15 TEIE NAVY IPage 372] be void, unless attested by the commanding Officer and paymaster. The assignment of wages must specify the precise time when they commence. (R. S. § 1576.) § 2874. Deposits of savings—Any enlisted man or appointed petty officer of the Navy may deposit his savings, in sums not less than five dollars, With the paymaster upon whose books his account is borne; and he shall be furnished with a deposit-book, in which the said paymaster shall note, over his signa- ture, the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and Shall pass to the credit of the appropriation for “Pay for the Navy,” and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives . Of a deceased sailor, and that such deposit be exempt from liability for such sailor's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. (Feb. 9, 1889, c. 119, § 1, 25 Stat. 657.) § 2875. Same; interest on—For any Sums not less than five dollars so deposited for the period of six months or longer, the sailor, on his final discharge, shall be paid interest at the rate of four per centum per annum. (Feb. 9, 1889, c. 119, § 2, 25 Stat. 658.) § 2876. Same; regulations—The system of de- posits herein established, shall be carried into execu- tion under such regulations as may be established by the Secretary of the Navy. (Feb. 9, 1889, c. 119, § 3, 25 Stat. 658.) - § 2877. Rations; midshipmen—Midshipmen an acting midshipmen in the Navy shall be entitled to one ration, or to Commutation therefor. (R. S. § 1577.) See §§ 2472, 2879. § 2878. Same; other officers—All officers shall be entitled to one ration, or to commutation therefor, while at sea or attached to a sea-going vessel. (R. S. § 1578.) Claims for commutation of rations, see § 2822. § 2879. Same; enlisted men and boys, midshipmen—All enlisted men and boys in the Navy, attached to any United States Vessel Or station and doing duty thereon, and naval Cadets, shall be allow- ed a ration, or commutation thereof in money, under such limitations and regulations as the Secretary of the Navy may prescribe. (Jan. 30, 1885, c. 43, § 1, 23 Stat. 291.) § 2880. Same; when not allowed—No person not actually attached to and doing duty on board a sea-going vessel, except the petty Officers, seamen, and Ordinary seamen attached to receiving-ships or to the Ordinary of a navy-yard, and midshipmen, shall be allowed a ration. (R. S. § 1579.) See § 2879. *. § 2881. Same; constituents of—The navy ra- tion shall consist of the following daily allowance Of provisions to each person: One pound and a quar- ter of salt or smoked meat, with three ounces of dried or six ounces of Canned or preserved fruit, and three gills of beans or pease, or twelve Ounces of flour; or One pound of preserved meat, with three ounces of dried or six ounces of canned or preserved fruit and eight Ounces of rice or twelve Ounces of canned vegetables, or six ounces of desiccated vegeta- bles; together with one pound of biscuit, two ounces of butter, four ounces of sugar, two ounces of coffee Or COCOa, Or One-half ounce of tea and One Ounce of Condensed milk or evaporated cream; and a weekly allowance of One-quarter pound of macaroni, four Ounces of cheese, four ounces of tomatoes, one-half pint of vinegar or sauce, one-quarter pint of pickles, One-quarter pint of molasses, four ounces of salt, One-half ounce of pepper, one-eighth ounce of spices, and One-half ounce of dry mustard. Seven pounds of lard, or a suitable substitute, shall be allowed for every hundred pounds of flour issued as bread, and Such quantities of yeast and flavoring extracts as may be necessary. and (R. S. § 1580, amended, Act July 1, 1902, c. 1368, 32 Stat. 679, and June 29, 1906, C. 3590, 34 Stat. 570.) - § 2882. Same; substitutions—The following substitution for the components of the ration may be made when deemed necessary by the senior officer present in command: For one and one-quarter pounds of salt or smoked meat or one pound of preserved meat, one and three-quarter pounds of fresh meat Or fresh fish, or eight eggs; in lieu of the articles usually issued with salt, smoked or preserved meat, one and three-quarter pounds of fresh vegetables; for One pound of biscuit, One and One-quarter pounds Of soft bread or eighteen ounces of flour; for three gills of beans Or pease, twelve ounces of flour or eight ounces Of rice or other starch food, or twelve ounces of can- ned vegetables; for one pound of condensed milk or evaporated cream, one quart of fresh milk; for three Ounces of dried or six ounces of canned or preserved fruit, nine Ounces of fresh fruit; and for twelve ounc- es Of flour or eight Ounces Of rice or other Starch food, Or twelve ounces of canned vegetables, three gills of beans or pease; in lieu of the weekly allowance of one- Quarter pound Of macaroni, four ounces of cheese, One-half pint of vinegar or sauce, one-quarter pint Of pickles, One-quarter pint of molasses, and one- eighth ounce of spices, three pounds of sugar, or One and a half pounds of condensed milk, or one pound of coffee, or one and a half pounds of canned fruit, or four pounds of fresh vegetables, or four pounds of flour. - Any article comprised in the Navy ration may be issued in excess of the authorized quantity, provided there be an under issue of the same value in some Other article or articles. (R. S. § 1581, amended, June 29, 1906, c. 3590, 34 Stat. 571, and March 2, 1907, c. 2512, 34 Stat. 1193.) + , § 2883. Same; short allowance—In case of ne- cessity the daily allowance of provisions may be di- minished at the discretion of the senior officer present in Command; but payment shall be made to the per- sons whose allowance is thus diminished, according to the scale of prices for the same established at the time of such diminution. And every commander who makes any diminution or variation shall give to the paymaster written orders therefor, specifying par- ticularly the diminution or variation which is to be made, and shall report to his commanding officer, or to the Navy Department, the necessity for the same. (R. S. § 1582.) - - § 2884. Same; stopped for sick—Rations stop- ped for the sick on board vessels shall remain and be accounted for by the paymaster as a part of the provisions of the vessels. (R. S. § 1583.) (R. S. § 1584. Repealed.) This section, providing for an additional ration, was re- pealed by a provision of Act July 1, 1902, c. 1368, 32 Stat. 680. And see § 2885. § 2885. Same; extra allowance to men stand- ing raight watches—An extra allowance of one ounce of coffee or Cocoa, two ounces of sugar, four ounces of hard bread or its equivalent, and four ounces of preserved meat or its equivalent shall be allowed to enlisted men of the engineer and dynamo force who stand night watches between eight o’clock postmeridi- an and eight o’clock antemeridian, under steam. (June 29, 1906, c. 3590, 34 Stat. 571.) § 2885a. Same; extra allowance to deck force standing night watches—During the continu- ance of the present war an extra allowance of One ounce of coffee or cocoa, two ounces of sugar, four ounces of hard bread or its equivalent, and four Ounces of preserved meat Or its equivalent shall be allowed to enlisted men of the deck force when standing night watches between eight o'clock post- meridian and eight o’clock antemeridian. (May 22, 1917, c. 20, § 21, 40 Stat. 90.) § 2886. Same; eommutation price—Forty cents shall in all cases be deemed the commutation price of the Navy ration: Provided, however, That after Janu- ary first, nineteen hundred and eighteen, the commu- Ch. 8) 3 2897 THE NAVY IPage 3731 tation price shall not exceed the average cost of the ration during the preceding six months, not to exceed 40 cents. (R. S. § 1585, amended, Oct. 6, 1917, c. 102, 40 Stat. 397.) § 28873 Same; commutation; payment for benefit of Imen to commissary officer—Money ac- Cruing from the rations of enlisted men commuted for the benefit of any mess may be paid on public bills to the Commissary officer by the pay officer having their accounts. (July 1, 1902, c. 1368, 32 Stat. 680.) § 2887a. Outfits to enlisted men—Hereafter the Secretary of the Navy is authorized to issue a cloth- ing outfit to all enlisted men serving in their second enlistment who failed to receive an outfit of the Value authorized by law on their first enlistment, or Who, having received such outfit, were required to refund its value on account of discharge prior to expiration of enlistment: Provided further, That the net Cost to the Government of clothing outfits fur- nished any one enlisted man shall not exceed $60. (March 3, 1915, c. 83, 38 Stat. 932.) § 2887 b. Commutation of rations; general courts-martial prisoners—The Secretary of the Navy is authorized to commute rations for such gen- eral Courts-martial prisoners in such amounts as seem to him proper, which may vary in accordance with the location of the naval prison, but which shall in no Case exceed 30 cents per diem for each ration so Commuted. (June 15, 1917, c. 29, § 1, 40 Stat. 210.) § 28870. Same; payment to caterers on death or desertion—Provisions, Navy: For provisions and Commuted rations for the seamen and marines, which Commuted rations may be paid to caterers of messes, in Case of death or desertion, upon orders of the Commanding officers. (June 15, 1917, c. 29, § 1, 40 Stat. 210.) § 2888. Medicines and medical attendance— Expenses incurred by any officer of the Navy for medicines and medical attendance shall not be allow- ed unless they were incurred when he was on duty, and the medicines could not have been obtained from naval Supplies, or the attendance of a naval medical officer could not have been had. (R. S. § 1586.) § 2889. Funeral expenses—No funeral expense Of a naval Officer who dies in the United States, nor expenses for travel to attend the funeral of an Officer Who dies there, shall be allowed. But when an Officer on duty dies in a foreign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the pay- master upon whose books the name of such Officer was borne for pay. (R. S. § 1587.) See §§ 2870a, 2871. § 2889a. Flag for draping coffins—That the Secretary of the Navy be authorized at his discre- tion to issue free of cost the national flag (United States national ensign No. 7) used for draping the coffin of any officer or enlisted man of the Navy or Marine Corps Whose death occurs while in the service of the United States Navy or Marine Corps, upon re- Quest, to the relatives Of the deceased Officer Or en- listed man or upon request, to a school, patriotic Or- der, or society to which the deceased officer or man belonged. (June 30, 1914, c. 130, 38 Stat. 406.) § 2890. Pay of retired officers—The pay of all Officers of the Navy who have been retired after forty-five years' service after reaching the age of six- teen [sixty] years, or who have been or may be retired after forty years' service, upon their own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure there- in, shall, when not on active duty, be equal to seventy- five per centum of the sea-pay provided by this chap- ter for the grade or rank which they held, respective- ly, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to One-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. (R. S. § 1588. * for retirement of officers mentioned in this Section, see §§ 2620, 2622, 2623. Other provisions relating to retirement of officers, see §§ 2084, 2636, 2637, 2641, 26.58. § 2891. Same; third assistant engineers—Of- ficers Who have been retired as third assistant engi- neerS Shall continue to receive pay at the rate of four hundred dollars a year. (R. S. § 1590.) See §§ 2476-2482. § 2892. Same; pay not increased by promo- tion—No officer, heretofore or hereafter promoted upon the retired list, shall, in consequence of such promotion, be entitled to any increase of pay. (R. S. § 1591.) See § 2626 for promotion of retired officers. § .2893. Pay of retired officers and men; com- putation—The pay of all Commissioned, warrant and appointed Officers and enlisted men of the Navy now On the retired list shall be based on the pay, as here- in provided for, of commissioned, warrant and ap- pointed officers and enlisted men of corresponding rank and service on the active list. (May 13, 1908, c. 166, 35 Stat. 128.) ;e §§ 2814, 2815, 2817, 2820, 2826, 2829, 2831, 2843, 2856, § 2894. Pay of retired officers not to include additional pay; pay of commodore—In computing the pay of retired Officers Of the Navy, the ten per Cent additional pay allowed for sea duty or for shore duty beyond the continental limits Of the United States shall not be included, and the pay of commo- dore shall be the same in all respects as that of rear- admiral, second nine. (May 30, 1908, c. 227, § 1, 35 Stat. 501.) § 2895. Pay on active duty—Officers On the re- tired list, when on active duty, shall receive the full pay of their respective grades. (R. S. § 1592.) § 2895 a. Pay of retired chief warrant officers —Any retired chief warrant Officer who has been On active duty since August twenty-ninth, nineteen hun- dred and sixteen, or who may hereafter perform ac- tive duty, and whose record is creditable, shall, dur- ing such time as he has been or may hereafter be, on active duty, and from the time his service on the ac- tive list after date of commission, plus his service on active duty While on the retired list, is equal to six years, receive the pay and allowances that are now, Or may hereafter be, allowed a lieutenant (junior grade), United States Navy; and shall, during such time as he has been, or may hereafter be, on active duty, and from the time such total service is equal to twelve years, receive the pay and allowances that are n0W, Or may hereafter be, allowed a lieutenant, United States Navy. (April 10, 1918, c. 49, § 1, 40 Stat.) - § 2895b. Same—Any retired warrant officer who has been On active duty since August twenty-ninth, nineteen hundred and Sixteen, or who may hereafter perform active duty, and whose record is creditable, shall, during such time as he has been or may here- after be on active duty, and from the time his service On the active list after date of warrant, plus his serv- ice On active duty while on the retired list, is equal to twelve years, receive the pay and allowances that are now or may hereafter be allowed a lieutenant (ju- nior grade), United States Navy; and shall, during such time as he has been or may hereafter be on ac- tive duty, and from the time such total service is equal to eighteen years, receive the pay and allow- ances that are now or may hereafter be allowed a lieutenant, United States Navy. (April 10, 1918, c. 49, § 2, 40 Stat.) § 2896. Officers retired on furlough pay—Of- ficers placed on the retired list, On furlough pay, shall receive only one-half of the pay to which they would Have been entitled if on leave of absence on the active list. (R. S. § 1593.) § 2897. Transfer from furlough to retired pay—The President, by and with the advice and con- Ž 2898 (Tit. 15 THE NAVY IPage 374] Sent Of the Senate, may transfer any officer on the retired list from the furlough to the retired-pay list. (R. S. § 1594.) § 2898. Rations—Rations shall not be allowed to officers on the retired list. (R. S. § 1595.) § 2899. No payment to be made to retired officer, employed by person furnishing supplies or material—Hereafter no payment shall be made from appropriations made by Congress to any officer in the Navy or Marine Corps on the active or retired Iist while such officer is employed, after June thirtieth, eighteen hundred and ninety-seven, by any perSon Or company furnishing naval supplies or war material to the Government; and such employment is hereby made unlawful after said date. (June 10, 1896, C. 399, 29 Stat. 361.) - § 2900. Bands or members not to compet with civilians—Navy bands or members thereof, oth- er than the United States Naval Academy band at Annapolis, Maryland, shall not receive remuneration for furnishing music outside the limits of military posts, when the furnishing of such music places them in competition with local civilian musicians. (May 13, 1908, c. 166, 35 Stat. 153.) - . § 2900a. Absence from duty on account of sickness resulting from misconduct—Hereafter no officer or enlisted man in the Navy or Marine Corps in active service who shall be absent from duty on account of sickness or disease resulting from his Own intemperate use of drugs or alcoholic liquors, or Other misconduct, shall receive pay for the period of such absence, the time so absent and the cause thereof to be ascertained under such procedure and regulations as may be prescribed by the Secretary of the Navy: Provided, That an enlistment shall not be regarded as complete until the enlisted man shall have made good any time in excess of one day lost on account of sick- ness or disease resulting from his own intemperate use of drugs or alcoholic liquors, or other misconduct. (Aug. 29, 1916, c. 417, 39 Stat. 580.) Chapter Eight A–The Naval Reserve Sec. Force 2900%a. Naval Reserve Force. (1) Establishment; classes. (2) Composition of force. (3) Regulations. Ordering into active service. Ratings, grades and ranks. Commissioned grades; warrant grades. Term, of enrollment; discharge. Oath. Provisional grade, rank or rating; active serv- 1Ce. - Same; confirmation in. Officers. Retainer pay; provisional rank. Same; in active service. ...” Same; reports as to movements and occupa- tions. Same; increase; retirement. Same; mode of payment. - Employment in other branches of Service. Subjection to regulations for government of Navy ; badges. Pay in active service. Active service in time of War. Uniform gratuity; on reporting for training. (22) Same; reporting for war service. - (23) Preference in shipping for service on auxiliary vessels. - (24) Transfer from one class to another. 25) Flag or pennant on private vessels. (26) Schools or camps of instruction. (27) Repeal. - FLEET NAVAL RESERVE 29001%b. (1) Eligibility for membership. - (2) Transfer of enlisted men; voluntary applications. (3) Assignment to active duty for training; retainer pay; term of service. (4) Rate of pay; computation of service. (5) Re-enrollment; retainer pay; re-enlistment in regular service. Increase of retainer pay; Forfeiture of pay. Warrants or commissions as boatswain. 9) Governed by Navy regulations; retired list. Calling into active service. - Special pay. p NAVAL RESERVE (1) Eligibility for membership; (2) Minimum active service. .” (3) Same; during each term of enrollment. (4) Retainer pay. (5) Continuous pay service of former members of U. S. Naval Reserve, etc. i (6) Increase in maximum age limit for officers. NAVAL ALJYILIARY RESERVE (1) Eligibility for membership. (2) Active service. (3) Requirements for confirmation. (4) Authority of officers. (5) Fºetainer pay. NAVAL COAST DEFENSE RESERVE (1) Eligibility for membership. (2) Enrollment for particular service. (3) Active service. (4) Retainer pay. VOLUNTEER NAVAL RESERVE (1) Eligibility for membership. - NAVAL RESERVE FLYING CORPS 2900%g. (1) How composed; active service; retainer pay. § 2900%a. Naval Reserve Force. (1) Estab- lishment; classes—There is hereby established, un- der the Department of the Navy, a Naval Reserve Force, to consist of six classes, designated as follows and as hereinafter described: - First. The Fleet Naval Reserve. Second. The Naval Reserve. -- Third. The Naval Auxiliary Reserve. Fourth. The Naval Coast Defense Reserve. Fifth. The Volunteer Naval Reserve. Sixth. Naval Reserve Flying Corps. 1916, c. 417, 39 Stat. 587.) This act superseded provisions of Act March 3, 1915, c. 130, 38 Stat. 940, 941, relating to the same subject-matter. (2) Composition of force—The Naval Reserve Force shall be composed of citizens of the United States who, by enrolling under regulations prescrib- ed by the Secretary of the Navy or by transfer there- to as in this Act provided, obligate themselves to serve in the Navy in time of war or during the exist- ence of a national emergency, declared by the Presi- dent: Provided, That Citizens of the insular posses- Sions of the United States may enroll in the Naval Auxiliary Reserve. Provided further, That Such per- sons who are not citizens of the United States, but who have or shall have declared their intention to be- come citizens of the United States, and who are citizens Of countries which are at peace with the United States, may enroll in the Naval Reserve Force subject to the condition that they may be dis- charged from such enrollment at any time within the discretion of the Secretary Of the Navy, and Such persons who may, under existing law, become citi- zens Of the United States, and who render honor- able service in the Naval Reserve Force in time of war for a period of not less than one year may be- come citizens of the United States without proof of residence on shore and without further requirement than proof of good moral character and certificate from the Secretary of the Navy that such honorable Service was actually rendered. (Aug. 29, 1916, c. 417, 39 Stat. 587, May 22, 1917, c. 18, 40 Stat. 84.) (3) Regulations—The Secretary of the Navy shall make all necessary and proper regulations not incon- sistent with law for the administration of the pro- visions Of this Act which relate to the Naval Reserve Force. (39 Stat. 587.) (4) Ordering into active service—Members of the Naval Reserve Force may be Ordered into active service in the Navy by the President in time of war Or when, in his Opinion, a national emergency exists. (39 Stat. 587.) - (5) Ratings, grades and ranks—There shall be allowed in the Naval Reserve Force the various rat- ings, grades, and ranks, not above the rank of lieu- tenant commander, Corresponding to those in the Sec. 2900% c. Officers. 29.00%d. 2900%e. 2900%f. (Aug. 29, Ch. 8A) § 2900%a (22) THE NAVY [Page 375] - z Navy. Officers of the line may be appointed for deck or engineering duties, as they may elect. (39 Stat. 587.) (6) Commissioned grades; warrant grades- Members of the Naval Reserve Force appointed to commissioned grades shall be commissioned by the President alone, and members of such force appoint- ed to warrant grades shall be warranted by the Sec- retary of the Navy: Provided, That officers so war- ranted or commissioned shall not be deprived Of the retainer pay, allowances, or gratuities to which they would otherwise be entitled. Officers of the Naval Reserve Force shall rank with but after officers of corresponding rank in the Navy. (39 Stat. 587.) (7) Term of enrollment; discharge—Enrollment and reenrollment shall be for terms of four years, but members shall in time of peace, when no national emergency exists, be discharged upon their OWI) re- quest upon reimbursing the Government for any cloth- ing gratuity that may have been furnished them dur- ing their current enrollment. (39 Stat. 587.) (8) Oath—Persons enrolling shall be required to take the oath of allegiance to the United States. (39 Stat. 587.) (9) Provisional grade, rank or rating; active service—When first enrolled members of the Naval Reserve Force, except those in the Fleet Naval Re- serve, shall be given a provisional grade, rank or rat- ing in accordance with their qualifications determin- ed by examination. They may thereafter, upon ap- plication, be assigned to active service in the Navy for such periods of instruction and training as may enable them to qualify for and be confirmed in Such grade, rafik or rating. (39 Stat. 587.) (10) Same; confirmation in-NO member shall be confirmed in his provisional grade, rank or rating un- til he shall have performed the minimum amount Of active service required for the class in which he is enrolled, nor until he has duly qualified by examina- tion for such rank or rating under regulations pre- scribed by the Secretary of the Navy. (39 Stat. 587.) (11) Officers—No person shall be appointed Or commissioned as an officer in any rank in any Class of the Naval Reserve Force, or promoted to a higher rank therein, unless he shall have been examined and recommended for such appointment, commission, or promotion by a board of three naval officers not be- low the rank of lieutenant commander, nor until he shall have been found physically qualified by a board of medical officers to perform the duties required in time of war, except that former officers and midship- men of the Navy, who shall have left the Service un- der honorable conditions and who shall have enrolled in the Naval Reserve Force, may be appointed in the grade and rank last held by them without examina- tion other than the physical examination above pre- Scribed. (39 Stat. 587.) (12) Retainer pay; provisional rank—The re- tainer pay of all members of the Naval Reserve Force, except the Volunteer Naval Reserve, while enrolled in a provisional rank or rating, and until such time as they shall have been confirmed in such rank or rat- ing, shall be $12 per annum. Thereafter, the retainer pay shall be that prescribed for members in the vari- Ous classes. (39 Stat. 588.) - (13) Same; in active service—Retainer pay shall be in addition to any pay to which a member may be entitled by reason of active service. (39 Stat. 588.) (14) Same; reports as to movements and occu- pations—Retainer pay shall only be paid to members Of the Naval Reserve Force upon their making such reports Concerning their movements and Occupations as may be required by the Secretary Of the Navy. (39 Stat. 588.) (15) Same; increase; retirement—Members of the Naval Reserve Force who reenroll for a term of four years within four months from the date of the termination of their last term of enrollment, and who shall have performed the minimum amount of active Service required during the preceding term of enroll- ment, shall, for each such reenrollment, receive an increase of twenty-five per Centum of their base re- tainer pay: Provided, That enrolled members who Shall have Completed twenty years of Service in the Naval Reserve Force, and who shall have performed the minimum amount of active service required in their class for maintaining efficiency during each term of enrollment, shall, upon their own applica- tion, be retired with the rank or rating held by them at the time, and shall receive in lieu of any pay, a Cash gratuity equal to the total amount Of their re- tainer pay during the last term of their enrollment. (39 Stat. 588.) (16) . Same; mode of payment—Retainer pay shall be paid annually or at shorter intervals, as the Secretary of the Navy, in his discretion, may direct. (39 Stat. 588.) (17) Employment in other branches of service —NO existing law shall be construed to prevent any member of the Naval Reserve Force from accepting employment in any branch of the public service, except as an Officer or enlisted man in any branch Of the military service of the United States or any State thereof, nor from receiving the pay and allowances in- cident to such employment in addition to his retainer pay. (39 Stat. 588.) (18) Subjection to regulations for government of Navy; badges—Enrolled members of the Naval Reserve Force shall be subject to the laws, regulations, and Orders for the government of the Regular Navy only during such time as they may by law be required to serve in the Navy, in accordance with their obli- gations, and when on active service at their own re- guest as herein provided, and when employed in all- thorized travel to and from such active service in the Navy. Members of the Naval Reserve Force shall be issued a distinctive badge or button which may be worn with Civilian dress, and Whoever, not being a member of the Naval Reserve Force of the United States and not entitled under the law to Wear the Same, willfully wears or uses the badge or button or who uses or wears the same to obtain aid Or assist- ance thereby, shall be punished by a fine of not more than $20 or by imprisonment for not more than thirty days or by both such fine and imprisonment. (39 Stat. 588.) (19) Pay in active service—All members of the Naval Reserve Force shall, when actively employed as Set forth in this Act, be entitled to the same pay, al- lowances, gratuities, and other emoluments as Officers and enlisted men of the naval service On active duty of corresponding rank or rating and of the same length of service. When not actively employed in the Navy, membérs Of the Naval Reserve FOrce shall not be enti- tled to any pay, bounty, gratuity, or pension except as expressly provided for members of the Naval Re- serve Force by the provisions of this Act. (39 Stat. 588.) * (20) Active service in time of war—Enrolled members of the Naval Reserve Force may, in time of War or national emergency, be required to perform a C- tive service in the Navy throughout the war or until the national emergency ceases to exist. (39 Stat. 588.) (21) Uniform gratuity; on reporting for train- ing—Members of the Naval Reserve Force shall, upon first reporting for active service for training during each period of enrollment, be Credited with a uniform gratuity of $50 for officers and of $30 for men. (39 Stat. 589.) (22) Same; reporting for war service—Upon re- porting for active service in time of war or national emergency the uniform gratuity shall be $150 for of, ficers and $60 for men, or the difference between these amounts and any amounts that may have been Cred- ited as a uniform gratuity during the Current enroll- ment: Provided, That should any member of the Naval Reserve Force sever his Connection with the t 2900%a (28) (Tit. 15 THE NAVY Service without compulsion on part of the Govern- ment before the expiration of his term of enrollment, the amount SO Credited Shall be deducted from any º that may be or may become due him. (39 Stat. 589.) (23) Preference in shipping for service on aux- iliary vessels—Hereafter, in shipping officers and Imen for service on board United States auxiliary ves- sels, preference shall be given to members of the Naval Reserve Force, and, after two years from the date of approval of this Act, no person shall be shipped for Such service who is not a member of the Naval Re- serve Force herein provided. (39 Stat. 589.) (24) Transfer from one class to another—Mem- bers of the Naval Reserve Force may, upon applica- tion, be transferred from one class to another class for which qualified under the provisions of this Act; and may in time of war volunteer for and be assigned to duties prescribed for any class which they may be deemed competent to perform. (39 Stat. 589.) (25) Flag or pennant on private vessels—The Secretary of the Navy shall prescribe a suitable flag, or pennant, that may be flown as an insignia. On pri- vate vessels or vessels of the merchant Service COm- manded by Officers of the Naval Reserve Force: Pro- vided, That it shall not be flown in lieu of the Na- tional ensign. (39 Stat. 589.) (26) Sehools or camps of instruction—The Sec- retary of the Navy is hereby authorized to establish schools or camps of instruction at such times and in such localities as he may deem advisable for the pur- pose of instructing members and applicants for mem- bership in the Naval Reserve Force. No applicant shall be accepted for instruction unless he agrees to abide by the regulations of the school and pursue the course prescribed by the Secretary of the Navy. Per- sons who satisfactorily complete the course will be given certificates of qualification for the rank or rat- ing for which duly qualified, and may be permitted to enroll in the proper class of the reserve in such rank or rating. For the purpose of carrying into effect this paragraph of the Act there is hereby appropriated, out of any money in the Treasury not otherwise ap- propriated, $30,000, which is hereby made available to be expended as the Secretary of the Navy may direct in the necessary equipment and maintenance of Such Schools and camps. (39 Stat. 589.) (27) Repeal—All Acts or parts of Acts relating to the Naval Reserve which are inconsistent with the provisions of this Act relating to the Naval Reserve Force are hereby repealed. (39 Stat. 593.) FLEET NAVAL RESERVE § 290.0%b. (1) Eligibility for membership— All former Officers of the United States naval service, including midshipmen, who have left that service un- der honorable conditions, and those citizens of the Dnited States who have been, or may be entitled to be, honorably discharged from the naval service after not less than one four-year term of enlistment or after a term of enlistment during minority, and who shall have enrolled in the Naval Reserve Force shall be eligible for membership in the Fleet Naval Reserve. (Aug. 29, 1916, c. 417, 39 Stat. 589.) (2) Transfer of enlisted men; voluntary appli- cations—In addition to the enrollments in the Fleet Naval Reserve above provided, the Secretary of the Navy is authorized to transfer to the Fleet Naval Re- serve at any time within his discretion any enlisted man of the naval service with twenty or more years’ naval service, and any enlisted man, at the expiration of a term of enlistment who may be then entitled to an honorable discharge, after sixteen years' naval service: Provided, That such transfers shall only be made upon voluntary application and in the rating in which then serving, and the men SO transferred shall be continued in the Fleet Naval Reserve until discharged by competent authority. (39 Stat. 589.) (3) Assignment to active duty for training; retainer pay; term of service—The Secretary of the [Page 376] Navy is authorized to assign any member of the Fleet Naval Reserve to active duty for training, upon the application of such member, but any member who has failed to perform three months' active service with the Navy in any term of enrollment shall, on the next reenrollment, receive retainer pay at the rate of $12 per annum until such time as he shall have completed three months’ active Service. The three months’ ac- tice Service with the Navy may be taken in One or more periods, at the election of the member: Provid- ed., That no member Shall be entitled to travel allow- ance unless the period of such active service is for not less than one month, or unless Specifically provid- ed for by such regulations as may be prescribed by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 40 Stat. 590. April 25, 1917, c. 5, 40 Stat. 37.) (4) Rate of pay; computation of service—Men enrolled in the Fleet Naval Reserve With less than eight years’ naval service shall be paid at the rate of $50 per annum; those with eight or more years and less than twelve years’ naval Service shall be paid at the rate of $72 per annum ; and those with twelve or more years' naval service shall be paid at the rate of $100 per annum, such pay to be considered as retainer pay for the obligation on the part of such members to serve in the Navy in time of War or na- tional emergency: Provided, That for all purposes of this Act a complete enlistment during minority and any enlistment terminated within three months prior to the expiration of the term of enlistment by special Order of the Secretary of the Navy shall be considered as four years' service. The annual retainer pay Of officers of the Fleet Naval Reserve shall be two months' base pay of the corresponding rank in the Navy. (39 Stat. 590.) - (5) Re-enrollment; retainer pay; re-en'kist- ment in regular service—Reenrollments in the Fleet Naval Reserve shall be for four years. Officers and men enrolling in the Fleet Naval Reserve within four months of the date of the termination of their last naval service or reenrolling within four months of the date of the termination of their last term of en- rollment shall receive an increase of twenty-five per centum of their retainer pay for each such enrollment: Provided, That men who have enrolled in the Fleet Naval Reserve within four months of the date of their discharge from the regular naval service shall, upon reenlistment in the regular naval service within four months of the date of discharge from the Fleet Naval Reserve, be entitled to the same gratuity and additional pay as if they had reenlisted in the regular naval service within four months of discharge there- from. (39 Stat. 590.) - - (6) Increase of retainer pay; special pay— Members Of the Fleet Naval Reserve who have, when transferred to the Fleet Naval Reserve, completed naval service of sixteen Or twenty or more years shall be paid a retainer at the rate of One-third and One- half, respectively, of the base pay they were receiv- ing at the close of their last naval service plus all permanent additions thereto : Provided, That the pay authorized in this paragraph as a retainer shall be increased ten per centum for all men who may be Credited with extraordinary heroism in the line of duty or whose average marks in conduct for twenty years or more shall not be less than ninety-five per centum of the maximum. (39 Stat. 590.) (7) Forfeiture of pay—Any pay which may be due any member of the Fleet Naval Réserve shall be forfeited when so Ordered by the Secretary of the Navy upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such man to report for inspection. (39 Stat. 590.) (8) Warrants or commissions as boatswain— Members of the Fleet Naval Reserve Who have es- tablished their qualifications by examination to the Satisfaction of the Secretary of the Navy may be given warrants or commissions in the Fleet Naval Reserve in the grades of boatsWain, gunner, Carpen- Ch. 8A) & 2900%e (2) THE NAVY [Page 377] ter, machinist, pharmacist, pay clerk, ensign for deck or engineering duties, or in the lowest grades of the staff corps: Provided further, That those so war- ranted or Commissioned shall not be deprived of the retainer pay, allowances, or gratuities to which they would be otherwise entitled. (39 Stat. 590.) (9) Governed by Navy regulations; retired list—Men transferred to the Fleet Naval, Reserve shall be governed by the laws and regulations for the gov- ernment Of the Navy and Shall not be discharged from the Naval Reserve Force without their consent, except by Sentence of a court-martial. They may, upon their own request, upon completing thirty years' Service, including naval and fleet naval reserve serv- ice, be placed on the retired list Of the Navy with the pay they were then receiving plus the allowances to Which enlisted men of the same rating are enti- tled On retirement after thirty years' naval service. They shall be required to keep on hand such part of the uniform-clothing outfit as may be prescribed by the Secretary of the Navy. (39 Stat. 591.) - (10) Galling into active service–The Secretary. Of the Navy is authorized in time of War or when a national emergency exists to call any enlisted man on the retired list into active service for such duty as he may be able to perform. While so employed such enlisted men shall receive the same pay and allow- ances they were receiving when placed on the retired list. (39 Stat. 591.) - NAVAL RESERVE § 2900% c. (1) Eligibility for membership; officers—Members of the Naval Reserve Force who have been or may be engaged in the seagoing pro- fession, and who have enrolled for general service, Shall be eligible for membership in the Naval Reserve. No person shall be first enrolled in this class who is less than eighteen or more than thirty-five years of age, nor unless he furnishes satisfactory evidence as to his ability and character; nor shall any person be appointed an officer in this class unless he shall have had not less than two years’ experience as an officer On board of lake or ocean going vessels. (Aug. 29, 1916, c. 417, 39 Stat. 591.) - (2) Minimum active service—The minimum a C- tive service required of members to qualify for confir- mation in their rank or rating in this class shall be three months. (39 Stat. 591.) 's - (3) Same; during each term of enrollment— The minimum active service required for maintaining • the efficiency of a member of this class is three months during each term of enrollment. This active serv- ice may be in one period or in periods of not less than three weeks each year. (39 Stat. 591.) (4) Retainer pay—The annual retainer pay Of members in this class after confirmation in rank Or rating shall be two months’ base pay of the corre- sponding rank or rating in the Navy. (39 Stat. 591.) (5) Continuous pay service of former mem- Thers of U. S. Naval Reserve, etc.—Any former mem- ber Of class One Of the United States Naval Reserve, established by the Act of March third, nineteen hun- dred and fifteen, “An Act making appropriations for the naval service for the fiscal year ending June thir- tieth, nineteen hundred and sixteen, and for other purposes,” who shall have reenlisted in the Navy prior to May first, nineteen hundred and seventeen, Shall be held and considered to have reenlisted within four months from the date of discharge from the Navy for the purpose of continuous-service pay. And any Such member of the said Naval Reserve Who Was Serv- ing therein on August twenty-ninth, nineteen hundred and sixteen, shall upon his application therefor, any time prior to July first, nineteen hundred and seven- teen, be enrolled in the Naval Reserve Force, and any such person so enrolled shall, for all purposes, be considered as having served continuously in Such Naval Reserve Force since August twenty-ninth, nine- teen hundred and sixteen, with due credit for previous and continuous service in the Naval Reserve in the same manner and to the same effect as for equal length. Of Service in the Naval Reserve Force: Pro- vided, That no such enrolled person shall receive any back pay or allowances for any period during which he shall have received pay or allowances, or either, for Service in any other branch of the naval service, reg- ular or reserve. (March 4, 1917, c. 180, 39 Stat. 1174.) (6) Increase in maximum age limit for officers —The maximum limit of age for Officers Of the Naval Reserve of the Naval Reserve Force on first appoint- ment as such therein be, and it is hereby, increased from thirty-five to fifty years. (April 25, 1917, c. 9, 40 Stat. 38.) TNAVAL AUXIII ARY RESERVE § 290.0%d. (1) Eligibility for membership— Members of the Naval Reserve Force of the seagoing profession who shall have been or may be employed. On American vessels of the merchant marine of suitable type for use as naval auxiliaries and which shall have been listed as such by the Navy Department for use in War, shall be eligible for membership in the Naval Auxiliary Reserve. (Aug. 29, 1916, c. 417, 39 Stat. 591.) (2) Active service—In time of war or during the existence of a national emergency, persons in this Class shall be required to serve only in vessels of the Imerchant ship type, except in cases of emergency, to be determined by the senior officer present, when said officer may, in his discretion, detail them for tempo- rary duty elsewhere as the exigencies, of the service may require. . (39 Stat. 591.) - (3) Requirements for confirmation—The re- Quirement as to qualifiéations of officers and men for Confirmation in rank or rating, and as to the mainte- nance of efficiency in rank or rating, shall be prescrib- ed by the Secretary of the Navy and shall be limited to the requirements for the proper organization, dis- Cipline, maneuvering, navigation, and operation of Vessels of the merchant ship type while performing auxiliary service to the fleet in time of war, and length Of time of employment on board such vessels in the merchant service. (39 Stat. 591.) - - (4) Authority of officers—Officers in the Naval Auxiliary Reserve shall exercise military command Only. On board the ships to which they are attached and in the naval auxiliary service. (39 Stat. 592.) (5) Retainer pay—The annual retainer pay of members in this class after confirmation in rank or rating shall be for officers, one month's base pay of the corresponding rank in the Navy, and for men, two months' base pay of the corresponding rating in the Navy. (39 Stat. 592.) NAVAL COAST TXEFENSE RESERVE § 2900%e. (1) Eligibility for membership— Members of the Naval Reserve Force who may be capable of performing special useful service in the Navy Or, in Connection with the Navy in defense of the coast, shall be eligible for membership in the Naval Coast Defense Reserve. (Aug. 29, 1916, c. 417, 39 Stat. 592.) (2) Enrollment for particular service—Persons may enroll in this class for service in connection with : the naval defense of the coast, such as service with coast-defense vessels, torpedo craft, mining vessels, patrol vessels or as radio Operators, in Various ranks or ratings corresponding to those of the Navy for which they shall have qualified under regulations prescribed by the Secretary of the Navy: Provided, That the Secretary of the Navy may permit the en- rollment in this class of owners and Operators of yachts and motor power boats suitable for naval pur- poses in the naval defense of the coast; and is hereby authorized to enter into contract With the OWners of such power boats and other craft suitable for War purposes to take over the same in time of War or 3 2900%e (3) THE NAVY (Tit. 15 [Page 378] national emergency upon payment of a reasonable : Numb f enlisted f g Lö8. IIIlper's Of enliste OTC e. indemnity. (39 Stat. 592.) 29.18aa. Temporary increase of enlisted force. (3) Active service—The amount of active Service required for confirmation in rank and rating and for maintaining efficiency in rank and rating shall be the same as that required for members Of the Naval Reserve. (39 Stat. 592.) (4) Retainer pay—The annual retainer pay of members of this class shall be the same as that of members of the Naval Reserve. (39 Stat. 592.) VOLUNTEER NAVAL RESERVE § 2900%f. (1) Eligibility for membership— The Volunteer Naval Reserve shall be composed of those members Of the Naval Reserve FOrCe who are eligible for membership in any one of the other classes Of the Naval Reserve Force, and who obligate them- selves to serve in the Navy in any one of said Classes without retainer pay and uniform gratuity in time of peace. (Aug. 29, 1916, c. 417, 39 Stat. 592.) NAVAL RESERVE FLYING CORPS § 2900%g. (1) How composed; active service; retainer pay—The Naval Reserve Flying Corps shall be composed of officers and student flyers who have been transferred from the Naval Flying Corps to the Naval Reserve Flying Corps and of enlisted men who Shall have been SO transferred under the same COn- ditions as those provided by law for enlisted men of the Navy transferred to the Fleet Naval Reserve: Provided, That surplus graduates of the aeronautic School may be Commissioned as ensigns in the Naval Reserve Flying Corps and promoted therein under such regulations as may be prescribed, by the Presi- dent. Members Of the Naval Reserve FOrce skilled in the flying of aircraft or in their design, building, or operation, shall be eligible for membership in the Naval Reserve Flying Corps. The amount of active service required for confirmation in grade, rank, or rating, and for maintaining efficiency therein, shall be the same as that required for members of the Naval Reserve. The retainer pay of members of the Naval Reserve Flying Corps shall be the same as that of members of the Naval Reserve. (Aug. 29, 1916, c. 4.17, 39 Stat. 592.) Naval Flying Corps, see §§ 2952%a-2952%x. Chapter Nine—The Marine Corps Sec. 2901. 2902. 2903. 2903a. 2903b. 2903C. 2.963d. 2903e. 2003f. 2903g. 2904. 2904a. , 2905. 2906. 2.907. Composition of active list of line; vacancies. cºissions and promotions not affected by number fixed. Filling vacancies. Brigadier generals. Same; promotion to grade of. Rank of officers. Second lieutenants; age and qualifications. Same; appointment of former officers. Probational appointments. Probationary appointments to higher grade. Promotions as in Army; examinations. Loss of number in lieu of suspension from promotion. Appointments and promotions; examinations. Composition of staff; Vacancies. Staff. Reappointment. Officers with rank and pay of brigadier general. Deterraining rank of Officers. Staff department officers; not appointed as brigadier general. Same; not to be in grade as colonels. Same; qualifications for reappointment of officers. Same; active list. . Same; permanent appointments abolished; Enlisted force. Band; pay. Additional enlisted force. Additional officers and enlisted force; vacancies. Midshipman or cadets; when not eligible. Number of Commissioned Officers. Additional enlisted force. Additional officers and enlisted men. Filling vacancies. Same; commandant. Major general commandant. Assistant paymasters’ clerks. Additional officers. Additional enlisted force. Vacancies. 2918b. Additional officers and non-commissioned officers. 2918C. Pay of enlisted men in active list. 2918d. Inérease of strength of ; grades. * 2918e. Warrant grades of marine gunner and quartermaster clerk. 2919. Credit for volunteer service. 2920. Relative rank with Army. 2921. Brevets. 2922. Advancement in number. 2923. Promotion when grade is full. 2924. Promotion for gallantry. 2924a. Advancement in rank; examinations. 2925. Enlistments. 2925a. Advertising for recruits. 2926. Oath. 2927. Exemption from arrest. 2928. Companies and detachments. 2929. Pay. 2929a. Increased compensation; sea duty. 2929b. Same; Marine gunners and quartermaster clerks on foreign shore service. 2930. Pay; gunnery sergeants. 2931. Same; privates detailed as cooks. 2932. Same; extra-duty pay. 2933. Same; drum, major. 2934. Same; band. 2935. Mileage. 2935a. Same; where transportation furnished. 2936. Deduction for hospitals. 2937. Deposits of savings by enlisted men. 2938. Rations. 2939. Rations or commutation to enlisted men on shore. 2940. Commutation for Torage. 2941. Clerks and messengers; commutation of fuel. 2941a. Same; forfeiture of pay and allowances on furlough. 2942. Purchase of supplies for sale to officers and enlisted In eIl. 2942a. Exchange of sewing machines, etc. 2943. Service on armed vessels. 2943a. Authority of officers of separate organization of ma- I*IIle. , 2944. Marine officers not to command navy-yards or vessels. 2945. Marines substituted for landsmen. 2946. Duty on shore. 2947. Regulations. 2948. Laws governing. 2948a. Members of Navy Medical Department on detached Army service subject to rules and articles of War of Army. 2949. Retirement. 2950. Same; retiring-board. 2951. Same; officers who served during civil war. 2952. Same; officers below grade of brigadier-general who served during civil War. 2952a. [Repealed.] 2952b. Transfer to active list of retired officers. 2952c. Instruction camps. 2952d. Marine Corps Reserve; classes. (R. S. § 1596. Superseded.) This section prescribed the composition of the Marine Corps. It was superseded by the provisions of the Navy Personnel Act of March 3, 1899, c. 413, §§ 18–24. See §§ 2001, 2003, 2905, 2906, 2908, 2009. And see §§ 2910-2918. * § 2901. Composition of active list of line; vacancies—From and after the date of the approval of this Act the active list Of the line Officers Of the United States Marine Corps shall consist of one briga- dier-general commandant, five colonels, five lieutenant colonels, ten majors, sixty captains, sixty first lieuten- ants and sixty second lieutenants: Provided, That va- cancies in all grades in the line created by this section shall be filled as far as possible by promotion by Sen- iority from the line officers on the active list of said Corps: And provided further, That the commissions of officers now in the Marine Corps shall not be Vacated by this act. (March 3, 1899, c. 413, § 18, 30 Stat. 1008.) § 2902. Commissions and promotions not af- fected by number fixed—The provisions of the pre- ceding section shall not preclude the advancement of any officer to a higher grade for distinguished con- duct in conflict with the enemy or for extraordinary heroism in the line of his profession, as authorized by sections sixteen hundred and five and sixteen hun- dred and seven. (R. S. § 1597.) § 2903. Filling vacancies—The vacancies exist- ing in said Corps after the promotions and appoint- ments herein provided for shall be filled by the President from time to time, whenever the actual needs of the naval service require it, first, from the Ch. 9) 3 2906 THE NAVY [Page 379] graduates of the Naval Academy in the mariner now provided by law; or second, from those who are serving Or Who have served as second lieutenants in the Marine Corps during the War with Spain; or, third, from meritorious noncommissioned Officers of the Marine Corps; or fourth, from civil life: Pro- Vided, That after said vacancies are Once filled there shall be no further appointments from civil life. (March 3, 1899, c. 413, § 19, 30 Stat. 1008.) § 2903a. Brigadier generals—Brigadier gener- als Shall be appointed from Officers of the Marine Corps Senior in rank to lieutenant colonel. (Aug. 29, 1916, c. 417, 39 Stat. 609.) § 2903b. Same; promotion to grade of—The promotion to the grade of brigadier general of any Officer now or hereafter carried as an additional num- ber in the grade or with the rank of colonel shall be held to fill a vacancy in the grade of brigadier gen- eral. (Aug. 29, 1916, c. 417, 39 Stat. 609.) § 2903c. Rank of officers—In determining the Officers with rank senior to colonel there shall be in- cluded the Officer serving as major general com- mandant. (Aug. 29, 1916, c. 417, 39 Stat. 609.) § 2903d. Second lieutenants; age and qualifi- cations-Appointees to the grade of second lieuten- ant, if appointed from civil life, shall be between the ages of twenty and twenty-five years, and before receiving a commission in the Marine Corps, each appointee shall establish to the satisfaction of the Secretary of the Navy his mental, physical, moral, and professional qualifications for such commission. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2903e. Same; appointment of former of- ficers—The President of the United States be, and hereby is, authorized, by and with the advice and Consent of the Senate, to appoint as second lieutenants On the active list in the United States Marine Corps, to take rank at the foot of the list of second lieuten- ants as it stands at the date of reinstatement, former Officers of the Marine Corps who resigned from the naval Service in good standing: Provided, That they Shall establish their moral, physical, mental, and pro- fessional qualifications to perform the duties of that grade to the satisfaction of the Secretary of the Navy: Provided further, That the Secretary of the Navy, in his discretion, may waive the age limit in favor of the aforesaid former Officers of the Marine Corps: Provided further, That the prior service of Such Officers and the service after reinstatement shall be not less than thirty years before the age of retire- ment. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2903f. Probational appointments—Appoint- ments from noncommissioned officers of the Marine Corps and from civil life shall be for a probationary period of two years and may be revoked at any time during that period by the Secretary of the Navy: Provided further, That the rank of such Officers of the Same date of appointment among themselves at the end of Said probationary period shall, with the ap- proval of the Secretary of the Navy, be determined by the report of a board of Marine Officers who shall COnduct a Competitive professional examination under such rules as may be prescribed by the Secretary of the Navy and the rank Of Such Officers SO determined shall be as of date Of Original appointment with ref- erence to other appointments to the Marine Corps. (Aug. 29, 1916, c. 417, 39 Stat. 611.) § 2903.g. Probationary appointments to high- er grade—During the Continuance of the present war, should any second lieutenant of the Marine Corps holding a probationary appointment for the period of two years become eligible for promotion to a higher grade and qualify therefor before the expiration. Of two years from the date of original appointment, he Shall receive a probationary appointment in Such high- er grade, which appointment shall be made permanent Or shall be vacated in the manner prescribed by the Act of August twenty-ninth, nineteen hundred and sixteen. (May 22, 1917, c. 20, § 10, 40 Stat. 87.) Sections 2685, 2686, are made applicable to the Marine Corps by § 2952b. - - § 2904. Promotions as in Army; examinations —Hereafter promotions to every grade of commission- ed Officers in the Marine Corps below the grade of Commandant shall be made in the same manner and under the Same Conditions as now are Or may here- after be prescribed in pursuance of law, for commis- sioned officers of the Army: Provided, That examin- ing boards which may be organized under the provi- Sions of this act to determine the fitness of officers of the Marine Corps for promotion shall in aſ] cases con- sist of not less than five officers, three of whom shall, if practicable, be officers of the Marine Corps, senior to the officer to be examined, and two of whom shall be medical officers of the Navy: Provided further, That when not practicable to detail Officers Of the Ma- rine Corps as members of such examining boards, Officers of the line in the Navy shall be so detailed. (July 28, 1892, c. 315, 27 Stat. 321.) § 2904a. Loss of number in lieu of suspen- sion from promotion—In lieu of Suspension from promotion of any officer of the Marine Corps who here- after fails to pass a satisfactory professional exami- nation for promotion, or who is now under suspension from promotion by reason of such failure, such officer shall suffer loss of numbers, upon approval of the rec- ommendation of the examining board, in the respec- tive ranks, as follows: Lieutenant Colonel, one ; mal- jor, two ; captain, three; first lieutenant, five ; second lieutenant, eight: Provided, That any such officer shall be reexamined as soon as may be expedient after the expiration of six months if he in the meantime again becomes due for promotion, and if he does not in the meantime again become due for promotion he shall be reexamined at such time anterior to again be- coming due for promotion as may be for the best in- terests of the Service: Provided further, That if any such officer fails to pass a satisfactory profes- Sional reexamination he shall be honorably discharg— ed with one year’s pay from the Marine Corps. (Aug. 29, 1916, c. 417, 39 Stat. 611.) § 2905. Appointments and promotions; exam- imations—No person except such officers or former graduates of the Naval Academy as have served in the war with Spain, as hereinbefore provided for, shall be appointed a commissioned officer in the Marine Corps who is under twenty or over thirty years of age; and that no person shall be appointed a Com- missioned Officer in Said Corps until he shall have pass- ed Such examination as may be prescribed by the Pres- ident of the United States, except graduates of the Naval Academy, as above provided. That the Officers of the Marine Corps above the grade of Captain, eX- cept brigadier-general, shall, before being promoted, be subject to such physical, mental and moral exam- ination as is now, and may hereafter be, prescribed by law for other officers of the Marine Corps. (March 3, 1899, c. 413, § 20, 30 Stat. 1009.) § 2906. Composition of staff; vacancies—The Staff of the Marine Corps Shall consist Of One adjutant and inspector, One quartermaster and One paymaster, each with the rank Of Colonel; One assistant adju- tant and inspector, two assistant quartermasters and One assistant paymaster, each with the rank of major ; and three assistant quartermasters With the rank Of captain. That the vacancies created by this Act in the departments of the adjutant and inspector and paymaster shall be filled first by promotion according to seniority Of the Officers in each of these depart- ments respectively, and then by selection from the line Officers On the active list Of the Marine Corps not below the grade of Captain, and Who shall have seen not less than ten years’ Service in the Marine Corps. That the vacancies created by this Act in the quar- termaster's department of Said Corps shall be filled, first by promotion according to Seniority of the of Ž 2907 (Tit, 15 THE NAVY [Page 380] ficers in this, department, and then by selection from the line Officers On the active list Of Said Corps not be- low the grade of first lieutenant: Provided, That all vacancies hereafter occurring in the staff of the Ma- rine Corps shall be filled first by promotion a CCOrding to seniority of the Officers in their respective depart- ments, and then by selection from officers Of the line on the active list, as hereinbefore provided for. (March 3, 1899, c. 413, § 22, 30 Stat. 1009.) § 2907. Staff—The staff of the Marine Corps shall be separate from the line. (R. S. § 1598.) - § 2907a. Reappointment—Prior to June thir- tieth, nineteen hundred and eighteen, an officer hold- ing a permanent appointment in any staff department may, upon his own application, with the approval of the President, be reappointed in the line of the Marine Corps in the grade and with the rank he would hold on the date of his reappointment if he had remained continuously in the line. (Aug. 29, 1916, c. 417, 39 Stat. 610.) - § 2907b. Officers with rank and pay of briga- dier general—The officers serving in the Senior grade of the Adjutant and Inspector’s, Quartermaster's, and Paymaster's Departments shall, while serving therein, have the rank, pay, and allowances of a brigadier gen- eral. (Aug. 29, 1916, c. 417, 39 Stat. 609.) § 2907e. Determining rank of officers—For the purpose of determining the number of officers in the various ranks as herein provided such staff Officers shall be counted as being of the rank of colonel. (Aug. 29, 1916, c. 417, 39 Stat. 609.) - § 2907d. Staff department officers; not ap- pointed as brigadier general—Officers holding per- manent appointments in the staff departments shall not be eligible for appointment to the grade of briga- dier general of the line as hereinbefore provided. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2907e. Šame; not to be in grade as colonels —No officer holding a permanent appointment in any staff department shall be recommissioned in the line with the rank of colonel or lieutenant Colonel. (Aug. 29, 1916. c. 417, 39 Stat. 610.) § 2907f. Same; qualifications for reappoint- ment of officers—Such staff officer shall, before being reappointed in the line of the Marine Corps as above provided, perform line duties for one year, at the expiration of which time he shall as a prerequisite to reappointment in the line be required to establish to the satisfaction of an examining, board Consisting of line officers of the Marine Corps his physical, men- tal, and professional fitness for the performance of line duty. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2907 g. Same; active list—The total commis- sioned personnel of the active list of the staff depart- ments, whether serving therein under permanent ap- pointments or under temporary detail, as herein pro- vided, shall be eight per centum of the authorized commissioned strength of the Marine Corps, and Of this total one-fifth shall constitute the adjutant and inspector's department, one-fifth the paymaster's de- partment, and three-fifths the quartermaster’s depart- ment. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2907.h. Same; permanent appointments abolished; vacancies—No further permanent ap- pointments shall be made in any grade in any staff department. Any vacancy hereafter occurring in the lower grade of any staff department shall be filled by the detail of an officer of the line for a period of four years unless sooner relieved; any vacancy here- after occurring in the upper grade of any staff depart- ment shall be filled by the appointment Of an Officer with the rank of Colonel holding a permanent appoint- ment in the staff department in Which the vacancy exists, or of some other officer holding a permanent appointment in such staff department in case there be no permanent staff Officer with the rank of colonel in that department, Or of a Colonel of the line in case there be no officer holding a permanent appointment in such staff department. Such appointments shall be COmmissioned Officers, made by the President and be for a term of four years, and the officer so appointed shall be recommissioned in the grade to which appointed. (Aug. 29, 1916, c. . 417, 39 Stat. 610.) § 2908. Enlisted force—The enlisted force of the Marine Corps shall consist of five sergeant majors, One drum major, twenty quartermaster sergeants, Seventy-two gunnery sergeants [with the rank and allowance Of the first-sergeant, and whose pay shall be thirty-five dollars per month]; sixty first ser- geants; two hundred and forty sergeants; four hun-- dred and eighty Corporals; eighty drummers; eighty trumpeters; and four thousand nine hundred and sixty-two privates. (March 3, 1899, c. 413, § 23, 30 Stat. 1009.) - . Text in brackets superseded by §§ 2918, 2918a, 2918b, 2918C. The number of enlisted men in the Corps is to be exclusive Of those undergoing imprisonment under Sen- tence of dishonorable discharge. See Act § 2909. Band; pay—The band of the United States Marine Corps shall consist of one leader, Whose pay and allowances shall be those of a captain in the Marine Corps; one second leader, whose pay shall be $150 per month and who shall have the allowances of a sergeant major; ten principal musicians, whose pay shall be $125 per month ; twenty-five first-Class musicians, whose pay shall be $100 per month ; tWen- ty second-class musicians, whose pay shall be $85 per month ; and ten third-class musicians, whose pay shall be $70 per month; such musicians of the band to have the allowances of a sergeant and to have no increase in the rates of pay on account of length of Service: Provided, That a member of the said band sliall not, as an individual, furnish music, or accept an engage- ment to furnish music, when such furnishing Of music places him in competition with any civilian musician or musicians, and shall not accept Or re- ceive remuneration for furnishing music except un- der Special circumstances when authorized by the President. (Aug. 29, 1916, c. 417, 39 Stat. 612.) Further, as to pay of band, see §§ 2933, 2934. - § 2910. Additional enlisted force—In addition to the enlisted force of the Marine Corps now au- thorized by law there may be enlisted ten gunnery- sergeants, forty sergeants, sixty corporals, ten drum- mers, ten trumpeters, and six hundred and twenty pri- vates. (July 1, 1902, c. 1368, 32 Stat. 687.) § 2911. Additional officers and enlisted force; vacancies—From and after the passage of this Act, and in Order to further increase the efficiency of the Marine Corps, the following additional Officers, non- drummers, trumpeters, and privates to those now provided by law for said corps, are hereby authorized and directed, namely: One Colonel, One lieutenant-Colonel, five majors, twelve Captains, twenty-five first lieutenants, twelve second lieutenants, One assistant adjutant and inspector With the rank of lieutenant-colonel, two assistant adjutants and inspectors With the rank Of major, One assistant Quartermaster With the rank Of lieutenant-Colonel, five assistant quartermasters with the rank of cap- tain, One assistant paymaster With the rank Of lieu- tenant-Colonel, One assistant paymaster With the rank Of Captain, One Sergeant-major, forty quartermaster- sergeants, twelve first Sergeants, sixty-five sergeants, fifty-five Corporals, ten drummers, ten trumpeters, and five hundred and twenty-seven privates: Provided, that the vacancies now existing in the line and the staff departments of the Marine Corps and those creat- ed by this Act below the grade of brigadier-general shall be filled, respectively, first by promotion by seniority and then by selection and appointment as . now provided by law, excepting that vacancies in the grade of second lieutenant shall be filled first, as far as practicable, from graduates of the Naval Academy each year on completing the prescribed Course at the Naval Academy, exclusive of the probationary tour of sea service before final graduation, then from meritorious noncommissioned officers and from Civil C. — Ch. 9) ź 2918a THE NAVY IPage 381] life between the ages of twenty-one and twenty-seven years: Provided, That the commissions Of Officers now in the Marine Corps shall not be vacated by this Act: And provided further, That Officers selected for appointment to fill vacancies in the grade of field Officers in any of the staff departments shall be taken from officers on the active list not below the grade of Captain and who have seen not less than seven years’ Service as Commissioned Officers in the Marine Corps. And that appointments to the grade of Captain in any of the Staff departments shall be made from Of- ficers On the active list of the Marine Corps not be- low the grade of first lieutenant. (March 3, 1903, c. 1010, 32 Stat. 1198.) § 2911a. Midshipmen or cadets; eligible—No midshipman at the United States Naval Academy or cadet at the United States Military Acad- emy who fails to graduate therefrom shall be eligible for appointment as a commissioned Officer in the Marine Corps until after the graduation of the class of which he was a member. (Aug. 29, 1916, C. 417, 39 Stat. 611.) - § 29.11b. Number of commissioned officers- Hereafter the total number of commissioned officers of the active list of the line and staff of the Marine Corps, exclusive of officers borne on the Navy list as additional numbers, shall be four per centum Of the total authorized enlisted strength of the active list of the Marine Corps, exclusive of the Marine Band, and of men under sentence of discharge by COurt- martial, distributed in the proportion of one officer with rank senior to colonel to four with the rank of colonel, to five with the rank of lieutenant Colonel, to fourteen with the rank of major, to thirty-Seven With the rank of Captain, to thirty-One with the rank of first lieutenant, to thirty-One with the rank of sec- Ond lieutenant. (Aug. 29, 1916, c. 417, 39 Stat. 609.) § 2912. Additional enlisted force—Pay, Marine Corps: * * - - Pay of noncommissioned officers, musicians, and privates, as prescribed by law; * * lowing additional enlisted men, namely, ten first Sergeants, sixty-seven sergeants, One hundred and forty-two corporals, ten drummers, ten trumpeters, and One thousand privates. (March 3, 1905, c. 1481, 33 Stat. 1113.) * - § 2913. Additional officers and enlisted men —From and after the passage of this Act, and in order to further increase the efficiency of the United States Marine Corps, the following additional officers, non- Commissioned Officers, drummers, trumpeters, and pri- vates to those now provided by law for said corps are hereby authorized and directed, namely: One major- general commandant, in lieu of the present brigadier- general Commandant; One Colonel; one lieutenant- colonel; two majors; eighteen captains; seven first lieutenants; fourteen second lieutenants; one assist- ant adjutant and inspector, with the rank of lieuten- ant-Colonel; one assistant quarter-master, with the rank of lieutenant-colonel; one assistant quarter-mas- ter, with the rank of major; and three assistant quar- termasters, with the rank of captain; one assistant paymaster, with the rank of major; one assistant pay- master, with the rank of Captain; jors; fifteen quartermaster-Sergeants, five of whom are to serve in the pay department; twenty first ser- geants; fifty sergeants; one hundred and twenty-five Corporals; ten drummers; ten trumpeters; and five hundred and eighteen privates: Provided, That here- after the number of enlisted men in the United States Marine Corps shall be such as the Congress may from time to time authorize. (May 13, 1908, Č. 166, 35 Stat. 155.) § 2914. Filling vacancies—The vacancies now existing in the line and staff departments of the United States Marine Corps and those created by this Act shall be filled in the manner provided by law. (May 13, 1908, c. 166, 35 Stat. 155.) when not and the fol- . two sergeant-ma- § 2915. Same; commandant—Hereafter When a vacancy shall exist in the position of commandant of the Marine Corps the President may appoint to Such position, by and with the advice and consent Of the -Senate, an officer of the Marine Corps on the active list [not below the grade of field officer, who shall hold office as such commandant for a term of four years, unless sooner relieved, and who, while so Serv- ing, shall have the rank, pay, and allewances of a major general in the Army; and any officer appointed under the provisions of this Act who shall be retired from the position of commandant of the Marine Corps, in accordance with the provisions of sections twelve hundred and fifty-one, sixteen hundred and twenty-two, and sixteen hundred and twenty-three, Revised Statutes of the United States, or by reason of age or length of service, shall have the rank and retired pay of a major general; if retired for any other reason, he shall be placed on the retired list of officers of the grade to which he belonged at the time of his retirement: Provided, That an officer Serving as commandant shall be carried as an addi- tional number in his grade while so serving, and after his return to duty in his grade until said grade is reduced to the number authorized by law: Provided further, That nothing herein contained shall operate to increase or reduce the total number of officers in the Marine Corps now provided by law. (Dec. 19, 1913, c. 3, 38 Stat. 241.) Text in bračkets superseded by § 2915a. Revised Stat- utes sections mentioned in this section are $$ 2089, 2949, 2950. § 29.15a. Major general commandant—Appoint- ments hereafter made to the position of major general commandant under the provisions of the Act approved December nineteenth, nineteen hundred and thirteen, entitled “An Act to make the tenure of Office Of the major general commandant of the Marine Corps for a term of four years,” shall be made from officers of the active list Of the Marine Corps not below the rank of colonel. (Aug. 29, 1916, c. 417, 39 Stat. 609.) $ 2916. Assistant paymasters’ clerks—For each assistant paymaster, one clerk who shall here- after be available where his Services are required and who shall receive the same pay, allowances, and other benefits as are now or may hereafter be provided for paymasters’ clerks of corresponding length of Serv- ice in the United States Army (five clerks in all). (June 24, 1910, c. 378, 36 Stat. 625.) See §§ 1780, 1783, 2137, 2870. § 2917. Additional officers—Pay, Marine Corps: For pay and allowances prescribed by law of officers on the active list, including clerks for assistant pay- masters, five in all, and for the following additional officers hereby authorized: One major, four captains, four first lieutenants, and four second lieutenants. (Aug. 22, 1912, c. 335, 37 Stat. 350.) § 2918. Additional enlisted force—Pay of en- listed men, active list: Pay of noncommissioned offi- Cers, musicians, and privates, as prescribed by law, and for the following additional enlisted men hereby authorized: Four sergeants major, four quartermas- ter Sergeants, twelve first Sergeants, four gunnery ser- geants, eighteen Sergeants, thirty-five COrpOrals, four drummers, four trumpeters, and three hundred and fifteen privates. (Aug. 22, 1912, c. 335, 37 Stat. 350.) § 29.18a. Numbers of enlisted force—Pay Of en- listed men, active list: Pay of noncommissioned offi- cers, musicians, and privates, as prescribed by law, and the number of enlisted men shall be exclusive of those undergoing imprisonment with sentence of dis- honorable discharge from the Service at the expira- tion of such confinement, * * : Provided, That the number of gunnery sergeants heretofore authorized is increased by twenty; that the number of sergeants heretofore authorized is increased by twenty; that the number of Corporals heretofore authorized is in- Creased by seventy; and that the number of privates heretofore authorized is decreased by one hundred and ten. (March 3, 1915, c. 83, 38 Stat. 948.) 3 29.18aa THE NAVY (Tit. 15 [Page 3821 - § 2918aa. Temporary increase of enlisted ſ and in the same manner as are or may be provided force—The authorized enlisted strength of the active list of the Marine Corps is hereby temporarily in- Creased from seventeen thousand four hundred to thirty thousand, this authorized strength being dis-. tributed in the various grades of the enlisted force in the same proportion as those authorized at the date Of the approval of this Act. (May 22, 1917, c. 20, § 2, 40 Stat. 84.) § 29.18%. Additional officers and non-commis- sioned officers—That the following increase in the United States Marine Corps be, and the same is here- by, authorized: Two majors, twelve captains, eight- een first lieutenants, two assistant quartermasters with the rank of captain, one assistant paymaster With the rank of captain, five quartermaster ser- geants, five first Sergeants, five gunnery sergeants, and sººn Sergeants. (June 12, 1916, c. 140, § 3, 39 Stat. § 2918.c. Pay of enlisted men in active list— Pay of enlisted men, active list: Pay and allowances Of noncommissioned officers, musicians, and privates, as prescribed by law, and for the following additional enlisted men hereby authorized: Twenty-eight ser- geantS major, One hundred and seventeen quarter- master Sergeants, One hundred and seven first Ser- geants, One hundred and seven gunnery sergeants, five hundred Sergeants, eight hundred and thirty-five cor- porals, fifty drummers, fifty trumpeters, three thou- Sand two hundred and thirty-five privates. (Aug. 29, 1916, c. 417, 39 Stat. 612.) § 2918d. Increase of strength of; grades—The President is authorized, when, in his judgment, it be- COmeS necessary to place the country in a Complete State of preparedness, to further increase the enlisted Strength of the Marine Corps to seventeen thousand four hundred: And provided, That the distribution in the various grades shall be in the same proportion as that authorized at the time when the President avails himself of the authority herein granted. (Aug. 29, 1916, c. 417, 39 Stat. 612.) § 2918e. Warrant grades of marine gunner and quartermaster clerk—The warrant grades of marine gunner and quartermaster clerk are hereby established, and the appointment as herein prescribed Of twenty marine gunners and twenty quartermaster clerks is hereby authorized. Officers in those grades Shall have the rank and receive the pay, allowances and privileges of retirement of warrant officers in the Navy. They shall be appointed from the non- COmmissioned Officers of the Marine Corps and clerks to quartermasters now serving as such and who have performed field service. (Aug. 29, 1916, c. 417, 39 Stat. 611.) (R. S. § 1599. Superseded.) This section provided for appointments from civil life as Commissioned officers of the Marine Corps. It was super- Seded by § 2905. And see § 2911. § 2919. Credit for volunteer service—All ma- rine Officers shall be credited with the length of time they may have been employed as officers or enlisted men in the Volunteer service Of the United States. (R. S. § 1600.) - - (R. S. § 1601. Superseded.) This section provided that the commandant of the Ma- rine Corps should have rank of brigadier-general of the Army. It was superseded, with a subsequent temporary provision, by § 2901. And see §§ 2913, 2915. (R. S. § 1602. Superseded.) This section provided that the adjutant and inspector, paymaster, and quartermaster should have the rank of major, and that the assistant quartermaster should have the rank of captain. It was superseded by § 2906. § 2920. Relative rank with Army—The officers of the Marine Corps shall be, in relation to rank, on the same footing as Officers Of similar grades in the Army. (R. S. § 1603.) - § 2921. Brevets—Commissions by brevet may be conferred upon Commissioned officers of the Marine Corps in the same cases, upon the same Conditions, is reduced to that provided by law. by law for officers of the Army. (R. S. § 1604.) Brevet commissions for army, see §§ 1925–1927. § 2922. Advancement in number—Any Officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary heroism. (R. S. § 1605.) - § 2923. Promotion when grade is full–Any Of- ficer who is nominated to a higher grade by the pro- visions of the preceding section shall be promoted, notwithstanding the number of said grade may be full, but no further promotion shall take place in that grade, except for like cause, until the number (R. S. § 1606.) § 2924. Promotion for gallantry—Any Officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced one grade, if, upon recommendation of the President by name, he receives the thanks of Congress for highly distinguished con- duct in conflict with the enemy, or for extraordinary heroism in the line of his profession. (R. S. § 1607.) (R. S. § 1608. Superseded.) This section prescribed the period of enlistments in the Corps. It was superseded by § 2925. - § 2924a. Advancement in rank; examinations. —For the purpose of advancement in rank to and in- cluding the grade of colonel, all commissioned officers of the line and staff of the Marine Corps shall be placed on a common list in the Order of seniority each would hold had he remained continuously in the line. All advancements in rank to captain, major, lieuten- ant colonel, and colonel shall, subject to the usual eX- aminations, be made from officers with the next junior respective rank, whether of the line or staff, in the order in which their names appear on said list. (Aug. 29, 1916, c. 417, 39 Stat. 610.) § 2925. Enlistments—Hereafter the enlistments into the Marine Corps shall be for a period of not less than four years. (March 3, 1901, c. 852, 31 Stat. 1132.) § 2925a. Advertising for recruits—Authority is hereby granted to employ the services of adver- tising agencies in advertising for recruits under such terms and Conditions as are most advantageous to the Government. (June 15, 1917, c. 29, § 1, 40 Stat. 214.) § 2926. Cath—The Officers and enlisted men of the Marine Corps shall take the same oaths, respec- tively, which are provided by law for the officers and enlisted men of the Army. (R. S. § 1609.) § 2927. Exemption from arrest—Marines shall be exempt, while enlisted in said service, from all per- Sonal arrest for debt or contract. (R. S. § 1610.) § 2928. Companies and detachments—The Ma- rine Corps may be formed into as many companies or detachments as the President may direct, with a prop- er distribution of the commissioned and non-commis- sioned officers and musicians to each company or de- tachment. (R. S. § 1611.) § 2929. Pay—The Officers of the Marine Corps shall be entitled to receive the same pay and allow- ances, and the enlisted men shall be entitled to re- ceive the same pay and bounty for re-enlisting, as are or may be provided by or in pursuance of law for the Officers and enlisted men of like grades in the infantry of the Army. (R. S. § 1612.) - - Pay of officers and men of the army, see Title XIV, chapter 3. Other provisions relating to pay, allowances, etc., of officers and enlisted men of the Corps, see chapter 8 of this Title, §§ 2089–2205, and the following sections of this chapter: 2929a–2934. - " . § 2929a. Increased compensation; sea duty— The increased compensation as now fixed by law for the Marine Corps for foreign shore service shall hereafter be paid to the Officers and enlisted men Of that Corps while On Sea duty, in the same manner and under the same conditions as is provided by the Act approved May thirteenth, nineteen hundred and eight, for officers of the Navy. (March 3, 1915, c. 83, 88 Stat. 948.) - - Ch.9) § 2946 THE NAVY IPage 383] § 2929b. Same; Marine gunners and quarter- master cierks on foreign shore service—Marine gunners and quartermaster clerks of the Marine Corps assigned to foreign shore service shall here- after be entitled to the same increased compensation and under the same conditions as is now or hereafter allowed by law to commissioned officers of the Ma- rine Corps. (March 4, 1917, c. 180, 39 Stat. 1188.) § 2930. Pay; gunnery sergeants—The gunnery Sergeants Of the Marine Corps shall hereafter receive the Same pay, and be entitled to the allowances, rank, COntinuous-Service pay, and retired pay of a first ser- sº in said Corps. (Aug. 22, 1912, c. 335, 37 Stat. See § 2908. § 2931. Same; privates detailed as cooks— Hereafter privates regularly detailed and serving as COOkS, shall receive, in addition to the pay otherwise allowed by law, the following: First-class cooks, ten dollars per month; second-class cooks, eight dollars; third-Class cooks, seven dollars; and fourth-class i; five dollars. (March 2, 1907, c. 25.12, 34 Stat. § 2932. Same; extra-duty pay—Hereafter extra- duty pay will not be allowed to enlisted men of the Marine Corps except when they are regularly de- tailed thereon by a written order of the command- ant of the corps. (March 3, 1909, c. 255, 35 Stat. 776.) § 2933. Same; drum major—Marine Corps. * * The pay of the drum major shall be the same as that now established, or that may be hereafter established, for first sergeants in the Marine Corps Of the same length of service. (July 26, 1894, c. 165, 28 Stat. 138.) § 2934. Same; band—The marines who compose the Corps of musicians known as the “Marine Band” Shall be entitled to receive at the rate of four dollars a month, each, in addition to their pay as non-commis- Sioned officers, musicians, or privates of the Marine Corps, so long as they shall perform, by order of the Secretary of the Navy, or other superior officer, on the Capitol grounds or the President’s grounds. (R. S. § 1613.) * - See § 2909. . - § 2935. Mileage—Hereafter officers of the Ma- rine Corps traveling under orders without troops shall be allowed the same mileage as is now allowed Of- ficers of the Navy traveling without troops. (June 10, 1896, c. 399, § 1, 29 Stat. 376.) See §§ 2844-2846, 2849. § 2935a. Same; where transportation fur- Irished—Hereafter no mileage shall be paid to any Officer where Government transportation is furnish- ed such officer. (June 30, 1914, c. 130, 38 Stat. 410.) § 2936. Deduction for hospitals—The Secre- tary of the Navy shall deduct from the pay due each Of the Officers and enlisted men. Of the Marine Corps at the rate of twenty cents per month for every Offi- Cer and marine, to be applied to the fund for Navy hospitals. (R. S. § 1614.) § 2937. Deposits of savings by enlisted men— Hereafter enlisted men of the Marine Corps shall be entitled to deposit their savings with the United States, through any paymaster, in the same manner and under the same Conditions as is now or may hereafter be provided for the enlisted men of the Navy: Provided, however, That the Sums so de- posited shall pass to the credit of the appropriation for pay of the Marine Corps. (June 29, 1906, c. 3590, 34 Stat. 579.) . § 2938. Rations—The non-commissioned officers, privates, and musicians of the Marine Corps shall, each, be entitled to receive One Navy ration daily. (R. S. § 1615.) § 2939. Rations or commutation to enlisted Imen on shore—Hereafter no law shall be €onstrued to entitle enlisted’ men on shore duty to any rations or COmmutation therefor Other than such as are now Or may hereafter be allowed enlisted men in the Army: Provided, That when it is impracticable or the expense is found greater to supply marines Serv- ing On shore duty in the island possessions and On foreign stations with the Army ration, such marines may be allowed the Navy ration or COmmutation therefor. (March 4, 1917, c. 180, 40 Stat. 1189.) § 2940. Commutation for forage—Marine Corps. * * For the purchase of forage. * * Provided, That no commutation for forage shall be paid. (March 3, 1885, c. 344, § 1, 23 Stat. 432.) § 2941. Clerks and messengers; commutation of fuel—That the quartermaster of the Marine Corps be, and is hereby, authorized and directed to pay from appropriations fuel, Marine Corps, to enlisted men of the Marine Corps employed as clerks and meS- sengers in the Office of the commandant and in the Offices of the staff Officers of the Marine COrps COm- mutation of fuel, at nine dollars each per month for clerks and eight dollars each per month for messen- gers, from and after January twenty-second, nineteen hundred and four, when, by a decision of the Comp- troller of the Treasury, enlisted men so employed Were denied the right to said Commutation in said amounts. (April 27, 1904, c. 1630, § 1, 33 Stat. 407.) § 2941a. Same; forfeiture of pay and allow- ances on furlough—Hereafter no part of the pay and allowances authorized for enlisted men detailed as clerks and messengers in the office of the Major General Commandant and the several staff Offices Shall be forfeited when granted furlough for not ex- ceeding thirty days in each calendar year. (March 4, 1917, c. 180, 40 Stat. 1191.) - § 2942. Purchase of supplies for sale to offi- cers and enlisted men—Hereafter so much of this appropriation as may be necessary may be applied for the purchase, for sale to Officers, enlisted men, and civilian employees, of such articles of subsistence Stores as may from time to time be designated and under such regulations as may be prescribed by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 613.) § 294.2a. Exchange of sewing machines, etc.— Hereafter worn-out sewing machines, machinery, rub- ber tires, and band instruments may be exchanged in part payment for the purchase of like articles. (March 4, 1917, c. 180, 39 Stat. 1189.) § 2943. Service on armed vessels—Marines may be detached for service On board the armed VeSSels Of the United States, and the President may detach and appoint, for service on said vessels, such of the Officers of said Corps as he may deem necessary. (R. S. § 1616.) - § 2943a. Authority of officers of separate or- ganization of marine—When a force of marines is embarked on a naval vessel, Or Vessels, as a separate organization, not a part of the authorized comple- ment thereof, the authority and powers Of the Offi- cers of such separate Organization. Of marines Shall be the same as though such Organization were Serv- ing at a navy yard on shore, but nothing herein shall be construed as impairing the paramount authority of the commanding officer of any naval vessel OVer the vessel under his COmmand and all perSOnS em- barked thereon. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 2944. Marine officers not to corºmaxid navy- yards or vessels—No officer of the Marine Corps shall exercise command over any navy-yard or vessel of the United States. (R. S. § 1617.) § 2945. Marines substituted for landsmen— The President may substitute marines for landsmen in the Navy, as far as he may deem it for the good of the service. (R. S. § 1618.) § 2946. Duty on shore—The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, On the sea-coast, Or any Other duty On shore, as the President, at his discretion, may direct. (R. S. § 1619.) . Pay for shore duty beyond seas, see § 2821. & 2947 THE NAVY (Tit.15 [Page 3S4] ge § 2947. Regulations—The President is author- been transferred from the active list to the retired ized to prescribe such military regulations for the dis- cipline of the Marine Corps as he may deem expedient. (R. S. § 1620.) § 2948. Laws governing—The Marine Corps shall, at all times, be subject to the laws and regu- lations established for the government of the Navy, except when detached for service with the Army by order of the President; and when so detached they shall be subject to the rules and articles Of War pre- scribed for the government of the Army. (R. S. § 1621.) § 2948a. Members of Navy Medical Depart- ment on detached Army service subject to rules and articles of war of Army—Officers and enlisted men of the Medical Department of the Navy, Serving with a body of marines detached for service with the Army in accordance with the provisions of Section sixteen hundred and twenty-one of the Revised Stat- utes, shall, while so serving, be subject to the rules and articles of war prescribed for the government Of the Army in the same manner as the Officers and men of the Marine Corps while so serving. (Aug. 29, 1916, c. 417, 39 Stat. 573.) § 2949. Retirement—The commissioned Officers of the Marine Corps shall be retired in like cases, in the same manner, and with the same relative condi- tions, in all respects, as are provided for Officers of the Army, except as is otherwise provided in the next section. (R. S. § 1622.) § 2950. Same; retiring-board—In case Of an Officer of the Marine Corps, the retiring-board shall be selected by the Secretary of the Navy, under the direction Of the President. Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the remainder shall be selected from officers of the Marine Corps, Senior in rank, so far as may be, to the officer whose disability is to be inquired of. (R. S. § 1623.) § 2951. Same; officers who served during civil war—Officers of the Marine Corps with Creditable rec- ords who served during the civil War shall, when re- tired, be retired in like manner and under the same conditions as provided for officers of the Navy who served during the civil war. (April 27, 1904, c. 1622, 33 Stat. 349.) § 2952. Same; officers below grade of briga- . . dier-general who served during civil war—Any of- ficer of the Marine Corps below the grade of brigadier- general who served with Credit as an Officer or as an enlisted man in the regular or volunteer forces dur- ing the Civil War prior to April ninth, eighteen hun- dred and sixty-five. otherwise than as a Cadet, and Whose name is borne on the Official register of the Marine Corps, and who has heretofore been, or may hèreafter be, retired on account of wounds or disabili- ty incident to the service, or on account of age or after forty years' service, may, in the discretion of the Pres- ident, by and with the advice and consent of the Sen- ate, be placed on the retired list of the Marine Corps With the rank and retired pay of one grade above that actually held by him at the time of retirement: Pro- Vided, That this Act shall not apply to any officer Who received an advance of grade since the date of his retirement or who has been restored to the Ma- rine Corps and placed on the retired list by virtue Of the provisions of a special Act of Congress. (June 29, 1906, c. 3590, 34 Stat. 554.) - § 2952a. [Repealed.] This section, relating to the retirement of officers with the rank of colonel, was repealed by Act May 22, 1917, c. 20, § 14, 40 Stat. 87. § 2952b. Transfer to active list of retired of- ficers—The President is hereby authorized, within two years after the approval of this Act, by and with the advice and Consent Of the Senate, to transfer to the active list of the Marine Corps or Navy Pay Corps any. Officer under fifty years of age Who may have time of actual or threatened War; list of the Marine Corps or Navy Pay Corps by the action of any retiring board for physical disability incurred in the line of duty: Provided, That Such officer shall be transferred to the place on the active list which he would have had if he had not been re- tired, and shall be carried as an additional number in the grade to which he may be transferred Or at any time thereafter promoted: Provided further, That such officer shall establish to the satisfaction of the Secretary of the Navy his mental, moral, profes- sional, and physical qualifications to perform the du- ties on the active list of the grade to which he is transferred. The provisions of section fourteen hun- dred and ninety-three and fourteen hundred and nine- ty-four of the Revised Statutes of the United States shall apply to the Marine Corps. (Aug. 29, 1916, C. 4.17, 39 Stat. 611.) § 2952c. Instruction camps—Camps of instruc- tion: The Secretary of the Navy is hereby author- ized to establish and maintain at such places as he may designate, and prescribe regulations for the government thereof, Marine Corps training camps for the instruction of citizens of the United States who make application and are designated for such train- ing; no such camps to be in existence for a period longer than six weeks in each fiscal year, except in to use Marine Corps and such other Government property as he may deem necessary for the military training of such citi- Zens while in attendance at such camps. The Quar- termaster's Department, United States Marine Corps, is authorized to sell such articles of uniform cloth- ing as may be prescribed at cost price to the Volull- teer Citizens who are designated to participate in these instructions: Provided, That these Citizens' shall be required to furnish at their own expense transportation and Subsistence to and from these camps, and subsistence while undergoing training therein. (Aug. 29, 1916, c. 417, 39 Stat. 614.) § 2952d. Marine Corps Reserve; classes—A United States Marine Corps Reserve, to be a Con- stituent part of the Marine Corps and in addition to the authorized strength thereof, is hereby establish- ed under the same provisions in all respects (except as may be necessary to adapt the said provisions to the Marine Corps) as those providing for the Naval Reserve Force in this Act: Provided, That the Ma- rine Corps Reserve may consist of not more than five Classes, COrresponding, as near as may be, to the Fleet Naval Reserve, the Naval Reserve, the Naval Coast Defense Reserve, the Volunteer Naval Reserve, and the Naval Reserve Flying Corps, respectively. (Aug. 29, 1916, c. 417, 39 Stat. 593.) Chapter Nine A–Naval Flying Corps Sec. - 2952%a. Composition of. 2952%b. Officers detailed in aircraft duty. 2952%.C. Pay of members. 2952%d. Ensigns or acting second lieutenants for aeronautic duties. 2952%.e. Same; detail to duty in Corps. 2952%f. Acting ensigns appointed acting lieutenants of junior grade or acting first lieutenants. 2952%g. Election by lieutenants as to duties; detail. 2952%h. Commissions to acting lieutenants junior grade and - acting first lieutenants. 2952%i. Commissions to lieutenants qualifying for regular du- ties of line. - 2952%j. Transfers to Naval Reserve Flying Corps. 2952%k. Advancement of officers commissioned for aeronautic duty. 2952%l. Details as student aviators or airmen. 2952%m. Pay and allowances. 2952% n. Student flyers; appointment. 2952%O. Same; term of appointment. 2952%p. Same; rank; examination; transfer to Naval Re- serve Flying Corps. 2952%q. Aeronautic Schools. n 2952%r. Detail of other officers and men for aircraft duty. 2952%s. Gratuity in case of death; pension. 2952%t. Student flyers, ensigns, and lieutenants subject to naval regulation. Ch. 9A) THE NAVY & 2952%j IPage 3851 - Sec. -- duties only, after satisfactorily passing such examina- 2952%u. Distribution of personnel in ratings. tions as he may prescribe, and after having been rec- 2952% v. Tº.* enlisted men from other branches of Na- Ommended for promotion by the examining board and 2952%w. Regulations. found physically qualified by a board of medical offi- 2952%x. Appointment of enlisted men as student flyers. cers of the Navy. Such appointments shall be for a § 29.52%a. Composition of—The Naval Flying probationary period of four years and may be re- Corps shall be composed of one hundred and fifty Offi- cers, and three hundred and fifty enlisted men, detailed, appointed, commissioned, enlisted, and distributed in the various grades, ranks, and ratings of the Navy and Marine Corps as hereafter provided. The Said number of officers, student flyers, and enlisted men shall be in addition to the total number of Officers and enlisted men which is now or may hereafter be pro- vided by Iaw for the other branches of the naval service. (Aug. 29, 1916, c. 417, 39 Stat. 582.) Naval Reserve Flying Corps, see § 2900%g. § 2952%b. Officers detailed in aircraft duty- The number of officers detailed to duty in aircraft involving actual flying in any one year shall be in accordance with the requirements of the Air Service as determined by the Secretary of the Navy: Provid- ed., That the Officers SO detailed from the line Of the Navy and from the Marine Corps shall not exceed the total number herein prescribed for the Naval Flying Corps: Provided further, That the proportion of line Officers of the Navy and of the Marine Corps thus detailed shall be the same as the proportion es- tablished for the regular services: And provided fur- ther, That the student flyers hereinafter provided for Shall be in addition to the Officers and enlisted men comprising the Naval Flying Corps. (Aug. 29, 1916, c. 417, 39 Stat. 582.) § 2952%e. Pay of members—The Officers detailed and the enlisted men of the Naval Flying Corps shall receive the same pay and allowances that are now provided by law for Officers and enlisted men of the Same grade or rank and rating in the Navy and Ma- rine Corps detailed to duty with aircraft involving actual flying. (Aug. 29, 1916, c. 417, 39 Stat. 583.) See § 2823. § 2952%d. Ensigns or acting second lieuten- ants for aeronautic duties—The Secretary Of the Navy is hereby authorized to appoint annually in the line Of the Navy and the Marine Corps for a period of two years following the passage of this Act, in Or- der of merit as determined by such competitive exami- nations as he may prescribe, fifteen acting ensigns or acting second lieutenants for the performance of aeronautic duties only. Persons so appointed must be citizens of the United States, and may be appointed from Warrant officers or enlisted men of the naval Service or from civil life, and must, at the time Of ap- pointment, be not less than eighteen or more than twenty-four years of age : Provided, That no person shall be so appointed until he has been found physical- ly qualified by a board of medical officers of the Navy for the performance of the duties required: Provided further, That the number of such appointments to the line of the Navy and of the Marine Corps Shall be in the proportion decided for the regular services. Such appointments shall be for a probationary period of three years and may be revoked at any time by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 583.) § 2952%e. Same; detail to duty in Corps— Such acting ensigns and acting Second lieutenants shall be detailed to duty in the Naval Flying Corps in aircraft involving actual flying. (Aug. 29, 1916, c. 417, 39 Stat. 583.) § 2952%f. Acting ensigns appointed acting lieutenants of junior grade or acting first lieu- tenants—Such acting ensigns Of the Navy and acting Second lieutenants of the Marine Corps shall, upon completion of the probationary period of three years, be appointed acting lieutenants of the junior grade, or acting first lieutenants, respectively, by the Secre- tary of the Navy for the performance of aeronautic COM.P.S.T.’18—25 voked at any time by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 583.) § 2952%g. Election by lieutenants as to du- ties; detail—Such acting lieutenants (junior grade) and acting first lieutenants may elect to qualify for aeronautic duty Only Or to qualify for all the duties of Officers of the same grade in the Navy and in the Marine Corps, respectively. Those officers who elect to qualify for aeronautic duty only shall be detailed to duty in the Naval Flying Corps involving actual flying in aircraft. Those Officers Who elect to qualify for the regular duties of their grade shall be detailed to duty in the regular service for at least two years to allow them to prepare for such qualification. (Aug. 29, 1916, c. 417, 39 Stat. 583.) * § 2952%h. Commissions to acting lieutenants junior grade and acting first lieutenants—Such acting lieutenants (junior grade) and acting first lieu- tenants who have elected to qualify for aeronautic duty only shall, upon completion of the probationary period of four years, be Commissioned in the grade Of lieutenant of the line of the Navy or captain of the Marine Corps for aeronautic duties only, after satis- factorily passing such Competitive examination as may be prescribéd by the Secretary of the Navy to determine their moral, physical, and professional qualifications for such Commissions and the Order Of rank in which they shall be commissioned. Such lieu- tenants for aeronautic duty only shall be borne on the list as extra numbers, taking rank with and next after officers of the same date of commission. (Aug. 29, 1916, c. 417, 39 Stat. 583.) § 2952%i. Commissions to lieutenants quali- fying for regular duties of line—Such acting lieu- tenantS (junior grade) and acting first lieutenants Who have elected to qualify for the regular duties of the line of the Navy and of the Marine Corps, re- Spectively, shall, upon completion of the probation- ary period of four years, two years of which shall have been on such regular duties, be commissioned in the grade of the line of the Navy or Marine Corps according to his length of service, after passing satis- factorily such competitive examinations as may be prescribed by the Secretary of the Navy to determine their moral, physical, and professional qualifications for Such commissions and to determine the Order of rank in which they shall be commissioned. Such of. ficers of the line of the Navy and Marine Corps will be borne upon the lists of their respective corps as extra numbers, taking rank with and next after offi- cers of the regular services of the same date of com- missions. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%j. Transfers to Naval Reserve Flying Corps—Acting lieutenants (junior grade) of the line Of the Navy for aeronautic duties Only and acting first lieutenants of the Marine Corps for aeronautic duty only who have completed the probationary pe- riod of four years may, upon examination for Commis- Sions to the next higher grade, if recommended by the board of examination, be transferred to the Naval Reserve Flying Corps and commissioned in the same grade or the next higher grade äs may be recommend- ed in accordance with their qualifications as deter- mined by the examination : Provided, That at any time during such probationary period any Such officer can, upon his own request, if his record Warrants it, be transferred to the Naval Reserve Flying Corps and commissioned in the acting grade he then holds. Any officer of the Naval Flying Corps holding an appoint- ment of student flyer or acting enSign, Second lieu- tenant, lieutenant (junior grade), or first lieutenant, # 2952%k (Tit. 15 THE NAVY IIPage 3861 who, upon examination for promotion, is found not qualified shall, if not recommended by the examining board for transfer to the Naval Reserve Flying Corps, be honorably discharged from the naval service. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%k. Advancement of officers commis- sioned for aeronautic duty—Officers COmmissioned for aeronautic duty only shall be eligible for ad- Vancement to the higher grades, not above captain in the Navy Or Colonel in the Marine Corps, in the same manner as Other Officers whose employment is not SO restricted, except that they shall be eligible to pro- motion without restriction as to sea duty, and their professional examinations Shall be restricted to the duty to which personally assigned : Provided, That any such officer must serve at least three years in any grade before being eligible to promotion to the next higher grade. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%l. Details as student aviators or air- men—Nothing in this Act shall be SO construed as to prevent the detail of Officers and enlisted men of Other branches of the Navy as student aviators or Student airmen in Such numbers as the needs Of the service may require. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%m. Pay and allowances—Such Officers and enlisted men, while detailed as student aviators and student airmen involving actually flying in air- Craft, Shall receive the Same pay and allowances that are now provided by law for Officers and enlisted men Of the Same grade Or rank and rating in the Navy de- tailed for duty with aircraft. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%m. Student flyers; appointment—The Secretary of the Navy is hereby authorized to ap- point annually for a period of four years, from en- - listed men. Of the naval Service, Or from citizens Of the United States in civil life, not to exceed thirty stu- dent flyers for instruction and training in aeronautics Who Shall receive the Same pay and allowances as midshipmen at the United States Naval Academy: Provided, That persons so appointed must, at the time of appointment, be not less than Seventeen or more than twenty-One years of age : Provided fur- ther, That no person shall be appointed a student flyer until he shall have qualified therefor by such examination as may be prescribed by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 584.) § 2952%O. Same; term of appointment—The appointment of student flyers shall continue in force for two years, unless SOOner revoked by the Secretary of the Navy, in his discretion, and at the end of such period student flyers shall be examined for qualifica- tion as qualified aviators: Provided, That if such student flyers are not qualified, their appointment will be revoked, or, if recommended by the examining board, they shall be transferred to the Naval Reserve Flying Corps and commissioned as ensigns therein. (Aug. 29, 1916, c. 417, 39 Stat. 585.) - § 2952%p. Same; rank; examination; trans- fer to Naval Reserve Flying Corps—Student flyers shall, after receiving a certificate of qualification as an aviator for actual flying in aircraft, rank with midshipmen and shall receive the same pay and al- lowances as midshipmen, plus fifty per centum there- of : Provided, That student flyers who have qualified as aviators under the provisions Of this Act shall be commissioned acting, ensigns for aeronautic duties only, after three years' service: Provided further, That they shall have been examined by a board of Of- ficers of the Naval Flying Corps to determine by a competitive examination prescribed by the Secretary of the Navy their moral, physical, and professional fitness and the order of rank in which they shall be commissioned : And provided further, That any stu- dent flyer qualified as an aviator may at any time, in the discretion of the Secretary of the Navy, if his record warrants it, at his Own request, be transferred to the Naval Reserve Flying Corps and be commis- sioned as ensign therein : And provided further, That Student flyers not considered qualified for commissions as acting ensigns for aeronautic duties only may, up- On recommendation of the examining board, be trans- ferred to the Naval Reserve Flying Corps and be Commissioned as ensigns therein. (Aug. 29, 1916, c. 4.17, 39 Stat. 585.) § 2952%q. Aeronautic schools—The Secretary Of the Navy is hereby authorized to establish aeronau- tic Schools for the instruction and training of student flyers and prescribe the course of instruction and Qualifications for certificate of graduation as a quali- fied aviator. (Aug. 29, 1916, c. 417, 39 Stat. 585.) § 2952%r. Detail of other officers and Imprl for aircraft duty—Nothing in this Or any other Act shall be so construed as to prevent the temporary detail of Officers and enlisted men of any branch of the Navy for duty with aircraft. (Aug. 29, 1916, c. 417, 39 Stat. 585.) § 2952%s. Gratuity in case of death; pension —In the event of the death of an Officer or enlisted man or student flyer of the Naval Flying Corps from WOunds Or disease, the result of an aviation accident, not the result of his own misconduct, received while engaged in actual flying in or in handling aircraft, the gratuity to be paid under the provisions of the Act approved August twenty-second, nineteen hundred and twelve, entitled “An Act making appropriations for the naval Service for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for Other purposes,” shall be an amount equal to one year’s pay at the rate received by such officer or enlisted man or student flyer at the time of the acci- dent resulting in his death. . In all cases where an Officer or enlisted man or student flyer Of the Navy Or Marine Corps dies, Or where a student flyer or an enlisted man Of the Navy or Marine Corps is disabled by reason of any injury received or disease contract- ed in line Of duty, the result of an aviation accident, received while employed in actual flying in or in handling aircraft, the amount of pension allowed shall be double that authorized to be paid should death Or the disability have Occurred by reason of an in- *jury received or disease contracted in line of duty not the result of an aviation accident. (Aug. 29, 1916, c. 417, 39 Stat. 5S5.) See §§ 2870, 2870a, 2870b. § 2952%t. Student flyers, ensigns, and lieu- tenants subject to naval regulation—Student flyers and the acting ensigns and acting lieutenants (junior grade) and acting second and first lieutenants for aeronautic duties only provided for herein shall be Subject to the laws and regulations and Orders for the government Of the Navy, but shall not be en- titled to retirement or retired pay. (Aug. 29, 1916, c. 417, 39 Stat. 585.) * § 2952%u. Distribution of personnel in rat- ings—The enlisted personnel of the Naval Flying Corps shall be distributed by the Secretary of the Navy in the Various ratings as now Obtain in the Navy in So far as such ratings are applicable to duties connected with aircraft. (Aug. 29, 1916, c. 4.17, 39 Stat. 585.) § 2952% v. Transfer of enlisted men from oth- er branches of Naval Service—Within the first two years after the approval of this Act enlisted men may be transferred from Other branches of the Naval Serv- ice to the Naval Flying Corps, under regulations es- tablished by the Secretary of the Navy governing Such transfer and the qualifications for this Corps: Provided, That the number so transferred shall not exceed One-half the total number of enlisted men al- lowed by this Act. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 2952%w. Regulations—The Secretary of the Navy shall establish regulations governing the term of enlistment, the qualifications, and advancement Of the enlisted men of the Flying Corps. (Aug. 29, 1916, c. 417, 39 Stat. 586.) Ch. 3B) & 2960 THE NAVY [Page 3871 § 2952%x. Appointment of enlisted men as student flyers—Any enlisted man who passes Satis- factorily the prescribed examination and is recom- mended by a board of officers may be appointed a student flyer as herein provided. (Aug. 29, 1916, C. 4.17, 39 Stat. 586.) Chapter Nine B–Desertions Sec. 2953. Arrest by civil officers. 2954. Removal from record of charge against men who served in Civil War. 2955. Same; return to duty or death after desertion. 2956. Same; re-enlistment without discharge from previous enlistment. 2957, Same; certificate of discharge. 2958. Same; effect on right to pay and bounty. 2959. Same; revival and re-enactment of act to relieve from charge. 2960. Same; removal of limitation of time for application for relief. § 2953. Arrest by civil officers—It shall be law- ful for any civil officer having authority under the laws of the United States or of any State, Territory, or District to arrest offenders, to summarily arrest a deserter from the Navy or Marine Corps of the TJnited States and deliver him into the custody of the naval authorities. Stat. 622.) § 2954. Reamoval from record of charge against men who served in civil war—The Charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps Who served in the late war may in the discretion of the Secretary of the Navy be removed in all cases where it shall, be made to appear to the satisfaction Of the Secretary of the Navy from such rolls and records or from other satisfactory evidence, that any such ap- pointed or enlisted man served faithfully until the expiration of his term of enlistment, or until the first day of May anno Domini eighteen hundred and sixty-five, having previously served six months or more, or was prevented from completing his term of Service by reason of wounds received Or disease Con- tracted in the line of duty, but who, by reason of absence from his Command at the time he became en- titled to his discharge, failed to be mustered Out and to receive .a discharge from the service: Provid- ed., That no such appointed or enlisted man shall be relieved under this section who, not being sick or wounded, left his command, without proper authority, while the same was in presence of the enemy. (Aug. 14, 1888, c. 890, § 1, 25 Stat. 442.) § 2955. desertion—The Secretary of the Navy is hereby au- thorized to remove the charge Of desertion standing on the rolls or records of the Navy or Marine Corps against any appointed Or enlisted man of the Navy or Marine Corps who served in the late war, in all cases where it shall be made to appear, to the satis- faction of the Secretary of the Navy, from such rolls or from other satisfactory evidence, that such ap- pointed or enlisted man charged with desertion or with absence without leave, after such charge of de- sertion or absence without leave, and Within a rea- sonable time thereafter, voluntarily returned to and Served in the line of his duty until he was mustered out of the service, and received a certificate of dis- charge therefrom, or, while so absent, and before the expiration of his term of enlistment, died from Wounds, injury, or disease, received or contracted in the service and in the line of duty. (Aug. 14, 1888, c. 890, § 2, 25 Stat. 442.) § 2956. Same; re-enlistment without dis- charge from previous enlistment—The charge of desertion now, Standing on the rolls or records of the (Feb. 16, 1909, c. 131, § 15, 35 Same; return to duty or death after . Navy or Marine Corps against any appointed or en- listed man of the Navy or Marine Corps who served in the late war, by reason of his having enlisted at any station or on board of any vessel of the Navy Without having first received a discharge from the Station Or Vessel in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records, or from other Satisfactory testimony, that such re-enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment: . Provided, That no appointed Or enlisted man shall be relieved under this act who, not being sick or Wounded, left his command without proper authority While the same was in presence of the enemy, or who, at the time of leaving his command, was in arrest Or under charges, or in whose case the period of ab- Sence from the service exceeded three months. (Aug. 14, 1888, c. 890, § 3, 25 Stat. 442.) § 2957. Same; eertificate of discharge—In all CaSeS Where the Charge Of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps who has not received a certificate of discharge it shall be the duty of the Secretary of the Navy to issue to Such appointed Or enlisted man, or in case of his death, to his heirs or legal representatives, a cer- tificate of discharge. (Aug. 14, 1888, c. 890, § 4, 25 Stat. 443.) § 2958. Same; effect on right to pay and boun- ty-When the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps, such man, or, in case of his death, the heirs or legal representatives of such man, shall receive all pay and bounty which may have been withheld on ac- Count Of Such charge of desertion or absence with- Out leave: Provided, however, That this act shall not be SO COInstrued as to give to any such man as may be entitled to relief under the provisions of this act, Or, in case Qf his death, to the heirs or legal rep- resentatives of any such man, the right to receive pay and bounty for any period of time during which such man Was absent from his command without leave of absence: And provided further, That no appointed or enlisted man, nor the heirs or legal representatives Of any such man, who served in the Navy or Marine Corps a period of less than six months shall be enti- tled to the benefit of the provisions of this act: And provided further, That all applications for relief un- der this act shall be made to and filed with the Sec- retary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or consider- ed. (Aug. 14, 1888, c. 890, § 5, 25 Stat. 443.) § 2959. Same; revival and re-enactment of act to relieve from charge—Chapter eight hundred and "ninety, Volume twenty-five, of the United States Statutes at Large, entitled “An Act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion,” approved August fourteenth, eighteen hundred and eighty-eight be, and the same is hereby, revived and re-enacted. (May 24, 1900, c. 550, § 1, 31 Stat. 183.) . § 2960. Same; removal of limitation of time for application for relief—That section five of the said Act be, and is hereby, so amended as to remove the limitation of time within which applications for a relief may be received and acted upon under the provi- sions of said Act. (May 24, 1900, c. 550, § 2, 31 Stat. 183.) & 2961 (Tit. 15 THE NAVY [Page 388] Chapter Ten—Articles for the Govern- ment of the Navy Articles established. Commanders’ duty of supervision and correction. Divine service. Irreverent behavior. Offenses punishable by death. (1) Mutiny. (2) Disobedience of orders. (3) Striking superior officer. (4) Intercourse with an enemy. (5) Messages from an enemy. (6) Desertion in time of War. (7) Deserting trust. (8) Sleeping on watch. (9) Leaving station. (10) Willful stranding or injury of vessel. (11) Unlawful destruction of public property. (12) Striking flag or treacherously yielding. (13) Cowardice in battle. (14) Deserting duty in battle. (15) Neglecting orders to prepare for battle. (16) Neglecting to clear for action. (17) Neglecting to join on signal for battle. (18) Failing to encourage the men to fight. (19) Failing to seek encounter. * (20) Failing to afford relief in battle. 2966. Spies. 2967. Murder. 2968. Imprisonment in a penitentiary. 2969. Offenses punishable at discretion of court-martial. (1) Profanity, falsehood. (2) Cruelty. (3) Quarreling. (4) Formenting quarrels. (5) Duels. (6) Contempt of Superior officer. (7) Combinations against superior officer. (8) Mutinous words. (9) Neglect of orders. (10) Preventing destruction of public property. (11) Negligent stranding. (12) Negligence in convoy service. (13) Receiving articles for freight. (14) False muster. (15) Waste of public property. (16) Plundering on shore. (17) Refusing to apprehend offenders. (18) Refusing to receive prisoners. (19) Absence from duty without leave. (20) Violating general orders or regulations. (21) Desertion in time of peace. (22) Harboring deserters. - 2970. Officer absent without leave reduced. 2971. Desertion by resignation. 2972. Dealing in supplies on private account. 2973. Importing dutiable goods in public vessels. 2974. Distilled spirits only as medical stores. 2975. Certain crimes of fraud against the United States. (1) Presenting false claims. (2) Agreement to obtain payment of false claims. (3) False paper. (4) Perjury. (5) Forgery. - (6) Delivering less property than receipt calls for. (7) Giving receipts without knowing truth of. (8) Stealing, wrongfully selling, etc. (9) Buying public military property. (10) Executing, attempting, or countenancing fraud against United States. (11) Effect of discharge or dismissal on liability to punishment. 2976. Removing property from a prize. 2977. Maltreating persons taken on a prize. 2978. Returning fugitives from service. º 2979. Enlisting deserters, minors, etc. 2980. Duties of commanding Officers. (1) Men received on board. (2) List of officers, men, and passengers. . (3) Deaths and desertion. (4) Property of deceased persons. (5) Accounts of men received. (6) Accounts of men sent from the ship. (7) Inspection of provisions. (8) Health of crew. (9) Attendance at final payment of crew. (10) Articles for the government of the Navy. (11) Punishment for offending against this article. 2980a. Disposition of effects of decedents. 2981. Authority of officers after loss of vessel. 2982. Offenses not specified. 2983. Fraudulent enlistment punishable by court-martial. 2984. Offenses committed on Shore. 2985. Punishments by order of commander. (1) Reduction of rating. (2) Confinement with or without irons. (3) Solitary confinement, on bread and Water. (4) Solitary confinement. (5) Deprivation of shore liberty. Sec. 2961. 2962. 2963. 2964. 2965. 3002. Same; conduct of proceedings; Sec. 2985. Punishments by order of commander—Cont'd. (6) Extra duties. (7) Other punishments; mary court-martial. Punishment by officer temporarily commanding. Deck courts for trial of minor offenses. 2988. Same; composition and powers. Deck Courts and Naval Courts-Martial. Deck Courts; recorder. 2990. Same; review of sentence. 2991. Same; rules governing. Same; records of proceedings; 2993. Same; objection to trial. - Same; officers authorized to order on enlisted men. 2994. Summary courts-martial. Same; who may order. 2995. Same; constitution of. 2996. Same; oath of members and recorder. 2997. Same; testimony. - 2998. Same; punishments by. (1) Bad conduct discharge. (2) Solitary confinement in irons, on bread and Water. (3) Solitary confinement in irons. (4) Solitary confinement. (5) Confinement. (6) Reduction in rating. (7) Deprivation of shore liberty. (8) Extra police duties and loss of pay. 2999. Same; disrating for incompetency. 3000. Same; execution of sentence of. 3001. Same; remission of sentence. sentence of general or Sum- filing and review. records. 3003. Same punishments by general courts-martial. 3004. Dismissal of officers. 3005. Officers dismissed by President may demand trial. 3006. General courts-martial; by whom convened. Same. Same. 3007. Same; constitution of. 3008. Same; oaths of members and judge-advocate. 3009. Oath of witness. 3010. Contempts of court. 3011. Charges. 3012. Duty of officer arrested. 3013. Suspension of proceedings. 3014. Absence of members. 3015. Witnesses examined in absence of a member. 3016. Suspension of pay. 3017. Extent of punishment; 3018. Flogging, branding. 3019. Sentences, how determined. 3020. Adequate punishment; recommendation to mercy. 3021. Authentication of judgment. 3022. Approval of sentences. Same; summary courts-martial. 3023. Confirmation of sentence. 3024. Remission and mitigation of sentence. 3025. Setting aside proceedings or remitting or mitigating sentence Of court-martial. º 3026. Courts of inquiry, by whom ordered. Same; by whom convened. 3027. Same; constitution of. 3028. Same; powers of. . 3029. Same; oath of members and judge-advocate. 3030. Same; rights of party. 3031. Same; proceedings; authentication; evidence. 3032. Limitation of trials; offenses in general. 3033. Same; desertion in time of peace. 3034. Punishment for offenses in time of peace. 3035. Witnesses; process for. 3036. Same; failure to appear or testify; privilege. 3037. Administration of oaths. 3038. Depositions in naval courts. 3039. Allowances to prisoners. 3040. Transportation and clothing for discharged prisoners. § 2961. Articles established—The Navy of the Dnited States shall be governed by the following ar- ticles: (R. S. § 1624.) The following sections (2962-2980, 2981, 2982, 2984-2986, 2994, 2995-3005, 3007-3016, 3018-3021, 3023, 3024, 3026, 3027– 3034) are all a part of R. S. § 1624, as amended. The oth- er sections of this chapter are provisions of Subsequent acts relating to the same subject-matter. § 2962. (Art. 1.) Commanders’ duty of su- pervision and correction—The COmmanders of all fleets, squadrons, naval stations, and vessels belonging to the Navy, are required to show in themselves a good example of virtue, honor, patriotism, and Subor- dination ; to be vigilant in inspecting the conduct of all persons who are placed under their Command ; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them ; and any such commander Who Offends against this article shall be punished as a Court-mar- tial may direct. use of irons. Ch. 10) THE NAVY & 2969(9) [Page 3891 § 2963. (Art. 2.) Divine service—The com- prepare for or join in, or when actually engaged in, manders of Vessels and naval stations to which chap- lains are attached shall cause divine service to be per- formed On Sunday, whenever the Weather and other Circumstances allow it to be done ; and it is earnestly recommended to all officers, seamen, and others in the naval service diligently to attend at every perform- ance of the worship of Almighty God. § 2964. (Art. 3.) Irreverent behavior—Any ir- reverent or unbecoming behavior during divine Serv- ice shall be punished as a general Or summary Court- martial may direct. - § 2965. (Art. 4.) Offenses punishable by death—The punishment of death, or such Other pull- ishment as a court-martial may adjudge, may be in- flicted on any person in the naval Service— (1) Mutiny—First. Who makes, or attempts to make, or unites with any mutiny or mutinous assem- bly, or, being witness to or present at any mutiny, does not do his utmost to suppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his Superior or commanding officer ; (2) Disobedience of orders—Second. Or disobeys the lawful orders of his superior Officer; (3) Striking superior officer—Third. Or strikes Or assaults, or attempts or threatens to strike or assault, his superior officer while in the execution of the duties Of his Office; (4) Intercourse with an enemy-Fourth. Or gives any intelligence to, or holds or entertains any inter- course with, an enemy or rebel, without leave from the President, the Secretary of the Navy, the Com- mander-in-chief of the fleet, the commander of the squadron, or, in case of a vessel acting singly, from his commanding Officer; (5) Niessages from an enemy—Eifth. Or receives any message or letter from an enemy or rebel, Or, be- ing aware of the unlawful reception of Such message or letter, fails to take the earliest opportunity to in- form his superior or commanding officer thereof; (6) Desertion in time of war—Sixth. Or, in time of war, deserts or entices others to desert; See §§ 3952–3954. (7) Deserting trust—Seventh. Or, in time of War, deserts or betrays his trust, or entices Or aids others to desert Or betray their trust; (8) Sleeping on watch—Eighth. Or sleeps upon his Watch ; - (9) Leaving station—Ninth. Or leaves his station before being regularly relieved ; (10) Willful stranding or injury of vessel— Tenth. Or intentionally or willfully suffers any vessel Of the Navy to be stranded, or run upon rocks or shoals, or improperly hazarded; or maliciously or will- fully injures any vessel of the Navy, or any part of her tackle, armament, or equipment, whereby the safe- ty of the vessel is hazarded or the lives of the Crew exposed to danger; - (11) Unlawful destruction of public property— IEleventh. Or unlawfully sets on fire, or otherwise un- lawfully destroys, any public property not at the time in possession of an enemy, pirate, or rebel; (12) Striking flag or treacherously yielding— Twelfth. Or Strikes or attempts to strike the flag to an enemy or rebel, without proper authority, or, when engaged in battle, treacherously yields Or pusillani- mously Cries for quarters; (13) Cowardice in battle—Thirteenth. Or, in time of battle, displays Cowardice, negligence, or disaffec- tion, or withdraws from Or keeps out of danger to which he should expose himself; | (14) Deserting duty in battle—Fourteenth. Or, in time of battle, deserts his duty or station, or entices Others to do SO ; (15) Neglecting orders to prepare for battle— Fifteenth. Or does not properly observe the orders of his commanding officer, and use his utmost exer- tions to carry them into execution, when ordered to | battle, or while in sight of an enemy; - (16) Neglecting to clear for action—Sixteenth. Or, being in command of a fleet, squadron, or vessel acting singly, neglects, when an engagement is prob- able, Or When an armed vessel of an enemy or rebel is #. Sight, to prepare and clear his ship or ships for ac- 10In ; cº, (17) Neglecting to join on signal for battle— Seventeenth. Or does not, upon signal for battle, use his utmost exertions to join in battle; - (18) Failing to encourage the men to fight— Eighteenth. Or fails to encourage, in his own person, his inferior officers and men to fight courageously; - (19) Failing to seek encounter—Nineteenth. Or does not do his utmost to overtake and capture or destroy any vessel which it is his duty to encounter; (20) Failing to afford relief in battle—Twen- tieth. Or does not afford all practicable relief arid aSSistance to Vessels belonging to the United States Or their allies when engaged in battle. § 2966. (Art. 5.) Spies—All persons who, in time of War, or of rebellion against the supreme au thority of the United States, come or are found in the CapaCity Of Spies, or who bring or deliver any seduc- ing letter or message from an enemy or rebel, or en- deavor to corrupt any person in the Navy to betray his trust, shall suffer death, or such other punishment as a court-martial may adjudge. § 2967. (Art. 6.) Murder—If , any person be- longing to any public vessel of the United States com- Imits the crime of murder without the territorial ju- risdiction thereof, he may be tried by court-martial and punished with death. - ... " § 2968. (Art. 7.) Imprisonment in a peni- tentiary—A naval court-martial may adjudge the pun- ishment of imprisonment for life, or for a stated term, at hard labor, in any case where it is authoriz- ed to adjudge the punishment of death; and Such Sentences of imprisonment and hard labor may be car- ried into execution in any prison or penitentiary ſun- der the control of the United States, or which the United States may be allowed, by the legislature of any State, to use; and persons so imprisoned in the prison or penitentiary of any State or Territory shall be subject, in all respects, to the same discipline and treatment as convicts sentenced by the courts of the State or Territory in which the same may be situated. § 2969. (Art. 8.) Offenses punishable at dis- cretion of court-martial—Such punishment as a Court-martial may adjudge may be inflicted on any person in the Navy— (1) Profanity, falsehood—First. Who is guilty Of profane swearing, falsehood, drunkenness, gam- bling, fraud, theft, or any other scandalous conduct tending to the destruction of good morals; (2) Cruelty—Second. Or is guilty of cruelty to- Ward, or oppression or maltreatment of, any person Subject to his Orders ; (3). Quarreling—Third. Or quarrels with, strikes, Or assaults, or uses provoking or reproachful words, gestures, or menaces toward, any person in the Navy; (4) Formenting quarrels—Fourth. Or endeavors to forment quarrels between other persons in the Navy; (5) Duels—Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a duel; (6) Contempt of superior officer-Sixth. Or treats his superior Officer with contempt, or is disrespectful to him in language or deportment, while in the exe- Cution Of his Office ; - - (7) Combinations against superior officer—Sev- enth. Or joins in or abets any combination to weaken the lawful authority of, or lessen the respect due to, his commanding officer; (8) Mutinous words—Eighth. Or utters any sedi- tious Or mutinous words; - (9) Neglect of orders—Ninth. Or is negligent or Careless in obeying orders, or culpably inefficient in the performance of duty; & 2969(10) (Tit. 15 THE NAVY IPage 39.01 (10) Preventing destruction of public prop- erty—Tenth. Or does not use his best exertions to prevent the unlawful destruction of public property by others ; . . . X (11) Negligent stranding—Eleventh. Or, through inattention or negligence, suffers any vessel of the Navy to be stranded, or run upon a rock or shoal, or hazarded ; * - (12) Negligence in convoy service—TWelfth. Or, when attached to any vessel appointed as COn VOy to any merchant or other vessels, fails diligently to perform his duty, or demands or exacts any compen- sation for his services, or maltreats the Officers or crews of such merchant or other vessels; (13) Receiving articles for freight—Thirteenth. Or takes, receives, or permits to be received, on board the vessel to which he is attached, any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight Or Safe-keeping ; or de- mands or receives any Compensation for the receipt or transportation of any other article than gold, silver, Or jewels, without authority from the President Or Secretary of the Navy; . (14) False muster—Fourteenth. Or knowingly makes Or signs, or aids, abets, directs, or procures the making or signing Of, any false muster ; (15) Waste of public property—Fifteenth. Or wastes any ammunition, provisions, or other public property, or, having power to prevent it, knowingly permits such waste; (16) Płużndering on shore—Sixteenth. Or, when on Shore, plunders, abuses, Or maltreats any inhabi- tant, or injures his property in any way : (17) Refusing to apprehend offenders—Seven- teenth. Or refuses, or fails to use, his utmost exer- tions to detect, apprehend, and bring to punishment all offenders, or to aid all persons appointed for that purpose; - (18) Refusing to receive prisoners—Eight- eenth. Or, when rated or acting as master-at-arms, refuses to receive such prisoners as may be commit- ted to his Charge, or, having received them, suffers them to escape Or dismisses them without orders from the proper authority ; . (i9) Absence from duty without leave—Nine- teenth. Or is absent from his station or duty with- Out leave, Or after his leave has expired ; (20) Violating general orders or regulations— Twentieth. Or violates or refuses obedience to any lawful general order or regulation issued by the Sec- retary of the Navy; - (21) Desertion in time of peace—Twenty-first. Or, in time of peace, deserts or attempts to desert, or aids and entices others to desert; (22) Harboring deserters—Twenty-second. - or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the com- mander of the Squadron. § 2970. (Art. 9.) Officer absent without Heave reduced—Any Officer who absents himself from his COImmand Without leave, may, by the sentence of a Court-martial, be reduced to the rating of an ordi- Inary Seaman. - § 2971. (Art. 10.) Desertion by resignation— Any commissioned officer of the Navy or Marine Corps Who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. § 2972. (Art. 11.) Dealing in supplies on pri- vate account—No person in the naval Service Shali procure stores or other articles or supplies for, and dispose thereof to, the officers or enlisted men on vessels of the Navy, or at navy-yards or naval sta- tions, for his own account or benefit. - § 2973. (Art. 12.) Importing dutiable goods in public vessels—No person connected with the Navy shall, under any pretense, import in a public vessel any article which is liable to the payment Of duty. - § 2974. (Art. 13.) I)istilled spirits only as medical stores—Distilled spirits shall be admitted On board of vessels of War only upon the Order and under the Control of the medical Officers of such Vessels, and to be used only for medical purposes. § 2975. (Art. 14.) Certain crimes of fraud against the United States—Fine and imprisonment, or such other punishment as a court-martial may ad- judge, shall be inflicted upon any person in the naval service of the United States— - (1) Presenting false claims—Who presents Or causes to be presented to any person in the civil, mil- itary, Or naval Service thereof, for approval Or pay- ment, any claim against the United States or any officer thereof, knowing such claim to be false Or fraudulent ; Or - - - (2) Agreement to obtain, payment of false claims—Who enters into any agreement or conspira- Cy to defraud the United States by obtaining, Or aid- W ing others to obtain, the allowance or payment of any false or fraudulent claim ; or (3) False paper—Who, for the purpose of obtain- ing, Or aiding others to obtain, the approval, allow- ance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any Writing, Or other paper, knowing the same to Contain any false Or fraudulent Statement ; Or (4) Perjury—Who, for the purpose of obtaining, or aiding Others to obtain, the approval, allowance, or payment Of any Claim against the United States Or any officer thereof, makes, or procures or advises the making Of, any Oath to any fact or to any Writing or Other paper, knowing such Oath to be false; Or (5) Forgery—Who, for the purpose of obtaining, Or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging, or counterfeiting of, any signa- ture upon any writing or other paper, or uses, or pro- Cures or advises the use of, any such signature, know- ing the same to be forged or counterfeited ; or (6) Delivering less property than receipt calls for—Who, having charge, possession, custody, Or control of any money or other property of the Unit- ed States, furnished Or intended for the naval service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he re- ceives a certificate or receipt ; or (?) Giving receipts without knowing truth of —Who, being authorized to make or deliver any paper certifying the receipt of any money or other property Of the United States, furnished Or intended for the naval service thereof, makes, or delivers to any per- son, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States ; Or (8) Stealing, wrongfully selling, etc.—Who steals, embezzles, knowingly and willfully misappro- priates, applies to his own use or benefit, or wrongful- ly and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval serv- ice thereof; or (9) Buying public military property—Who knowingly purchases, or receives in pledge for any Obligation or indebtedness, from any other person who is a part of or employed in said Service, any Ordnance, arms, equipments, ammunition, clothing, Subsistence stores, or other property Of the United States, such Ch. 10) & 2981 THE NAVY [Page 391] Other person not having lawful right to sell or pledge the same ; or (10) Executing, attempting, or countenancing fraud against United States—Who executes, at- tempts, Or COuntenances any other fraud against the United States. . (ii) Effect of discharge or dismissal on Hia- bility to punishment—And if any person, being guilty Of any of the offenses described in this article while in the naval service, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sen- tence by a court-martial, in the same manner and to the Same extent as if he had not received such dis- Charge nor been dismissed. (Art. 15. Superseded.) This article related to awards of prize money. It was Superseded by repeal of all provisions authorizing distri- . bution of prize-money, etc., by a provision of Act March 3, 1899, c. 413, § 13, 30 Stat. 1007. § 2976. (Art. 16.) Kºermoving property from a prize—No person in the Navy shall take Out Of a prize, Or vessel seized as a prize, any money, plate, goods, Or any part of her equipment, unless it be for the better preservation thereof, or unless such ar- ticles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent Court; but the whole, without fraud, concealment, Or embezzlement, shall be brought in, in Order that judg- ment may be passed thereon ; and every person who offends against this article shall be punished as a court-martial may direct. § 2977. (Art. 17.) Maltreating persons tak- en on a prize—If any person in the Navy strips off the Clothes Of, Or pillages, or in any manner maltreats, any person taken on board a prize, he shall suffer Such punishment as a court-martial may adjudge. § 2978. (Art. 18.) Returning fugitives from service—If any Officer or person in the naval service employs any of the forces under his command for the purpose of returning any fugitive from Service Or labor, he shall be dismissed from the Service. § 2979. (Art. 19, amended.) Enlisting de- serters, minors, etc.—Any Officer who knowingly en- lists into the naval Service any person who has de- Serted in time Of War from the naval or military Serv- ice of the United States, or any insane or intoxicated person, Or any minor between the ages of fourteen and eighteen years, Without the consent of his parents or guardian, or any minor under the age of fourteen years, shall be punished as a court-martial may di- rect. (May 12, 1879, c. 5, 21 Stat. 3. Aug. 22, 1912, c. 336, § 2, 37 Stat. 356.) - § 2980. ficers—Every commanding Officer of a Wessel in the Navy shall Obey the following rules: & (1) Men received on board—First. Whenever a man enters on board, the Commanding Officer shall cause an accurate entry to be made in the ship’s books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be necessary. (2) List of officers, men, and passengers—Sec- Ond. He shall, before sailing, transmit to the Secre- tary of the Navy a complete list of the rated men un- der his command, showing the particulars set forth in rule one, and a list of officers and passengers, show- ing the date of their entering. And he shall cause similar lists to be made Out on the first day of every third month and transmitted to the Secretary of the Mavy as Opportunities occur, accounting therein for any Casualty Which may have happened since the last list. (3) Deaths and desertion—Third. He shall cause to be accurately minuted on the ship's books the names of any persons dying or deserting, and the times at Which such death or desertion occurs. (Art. 20.) Duties of commanding of- for COInsideration. (4) Property of deceased persons—Fourth. In Case Of the death of any officer, man, or passenger on Said Vessel, he shall take care that the paymaster Secures all the property of the deceased, for the ben- efit Of his legal representatives. (5) Accounts of men received—Fifth. He shall not receive On board any man transferred from any Other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster Of the vessel or station from which he Calme, Specifying the date of his entry on said vessel Or at Said station, the period and term of his service, the Sums paid him, the balance due him, the quality in which he was rated, and his descriptive list. (6) Accounts of men sent from the ship— Sixth. He shall, whenever officers or men are sent from his ship, for whatever cause, take care that each man is furnished with a complete statement of his account, Specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding Officer and paymaster. (7) Inspection of provisions—Seventh. He shall Cause frequent inspections to be made into the Condi- tion of the provisions on his ship, and use every pre- caution for their preservation. (8) Health of crew—Eighth. He shall frequently COnsult with the Surgeon in regard to the sanitary Condition of his crew, and shall use all proper means to preserve their health. And he shall cause a con- Venient place to be set apart for sick or disabled men, to which he shall have them removed, with their hammocks and bedding, when the surgeon so advises, and Shall direct that some of the crew attend them and keep the place clean. (9) Attendance at final payment of crew- Ninth. He shall attend in person, or appoint a prop- er Officer to attend, when his crew is finally paid off, to See that justice is done to the men and to the |United States in the settlement Of the accounts. (10) Articles for the government of the Navy— Tenth. He shall cause the articles for the govern- ment. Of the Navy to be hung up in some public part Of the ship and read once a month to his ship’s com- pany. (11) Punishment for offending against this article—Every commanding officer who offends against the provisions of this article shall be pun- ished as a court-martial may direct. § 2983a. Disposition of effects of decedents— Hereafter all moneys, articles of value, papers, keep- SakeS, and other similar effects belonging to de- Ceased persons in the naval service, not claimed by their legal heirs or next of kin, shall be deposited in Safe Custody, and if any such moneys, articles of Value, papers, keep SakeS, or other similar effects SO deposited have been, or shall hereafter be, unclaimed for a period of two years from the date of the death Of Such perSOn, Such articles and effects shall be Sold and the proceeds thereof, together with the mon- eys above mentioned, shall be deposited in the Treas- ury to the credit of the Navy pension fund: Provid- ed., That the Secretary of the Navy is hereby author- ized and directed to make diligent Inquiry in every instance after the death of such person to ascertain the whereabouts of his heirs or next of kin, and to prescribe such regulations as may be necessary to carry out the foregoing provisions: Provided further, That claims may be presented hereunder at any time within five years after such moneys or proceeds have been so deposited in the Treasury, and, when sup- ported by COmpetent proof in any case after Such de- posit in the Treasury, shall be certified to Congress (March 29, 1918, c. 31, 40 Stat.) § 2981. (Art. 21.) Authority of officers after loss of vessel—When the crew of any vessel of the United States are separated from their vessel by means Of her Wreck, loss, or destruction, all the com- mand and authority given to the Officers of such ves- 3 2982 (Tit. 15 THE NAVY . sel shall remain in full force until such ship's com- pany shall be regularly discharged from or ordered again into service, or until a court-martial or court Of inquiry shall be held to inquire into the 10SS Of said vessel. And if any officer or man, after such Wreck, 10SS, Or destruction, actS GOntrary to the discipline of the Navy, he shall be punished as a COurt-martial may direct. § 2982. (Art. 22.) Offenses not specified—All Offenses Committed by persons belonging to the Navy which are not specified in the foregoing articles Shall be punished as a court-martial may direct. § 2983. Fraudulent enlistment punishable by court-martial—Fraudulent enlistment, and the re- ceipt of any pay or allowance thereunder, is hereby declared an Offense against naval disciplin and made punishable by general Court martial, under article twenty-two of the articles for the government of the Navy. (March 3, 1893, c. 212, 27 Stat. 716.) § 2984. (Art. 23.) Offenses committed on shore—All Offenses Committed by persons belonging to the Navy while on shore shall be punished in the same manner as if they had been Committed at sea. § 2985. (Art. 24.) Punishments by order of commander—No commander of a vessel shall inflict upon a commissioned or warrant Officer any other punishment than private reprimand, suspension from duty, arrest, or Confinement, and such suspension, ar- rest, or confinement shall not continue longer than ten days, unless a further period is necessary to bring the Offender to trial by a court-martial ; nor shall he inflict, or cause to be inflicted, upon any petty Officer, or person of inferior rating, or marine, for a single Offense, or at any One time, any other than One of the following punishments, namely: (1) Reduction of rating—First. Reduction Of any rating established by himself. (2) . Confinement with or without irons—Sec- Ond. Confinement, with or without irons, single Or double, not exceeding ten days, unless further COn- finement be necessary, in the Case of a prisoner to be tried by Court-martial. ' - (3) Solitary confinement, on bread and waters —Third. Solitary confinement, on bread and water, inot exceeding five days. (4) Solitary confinement—Fourth. Solitary con- finement not exceeding seven days. (5) Deprivation of shore liberty—Fifth. Depri- Vation. Of liberty On Shore. (6) Extra duties—Sixth. Extra duties. (7) Other punishments; sentence of general or summary court-martial—No Other punishment shall be permitted on board of vessels belonging to the Navy, except by sentence of a general or summary court-martial. All punishments inflicted by the COm- mander, or by his order, except reprimands, shall be fully entered upon the ship’s log. - § 2986. (Art. 25.) Punishment by officer tem- porarily commanding—No officer who may command by accident,...or in the absence of the Commanding Of- ficer, except when such commanding Officer is absent for a time by leave, shall inflict any other punishment than confinement. § 2987. Deck courts for trial of minor of- £enses—Courts for the trial Of enlisted men in the Navy and Marine Corps for minor offenses now triable by Summary court-martial may be Ordered by the commanding officer of a naval vessel, by the Com- mandant of a navy-yard Or station, by a COmmanding officer of marines, or by higher naval authority. (Feb. 16, 1909, c. 131, § 1, 35 Stat. 621.) e § 2988. Same; composition and powers—Such courts shall be known as “deck courts,” and Shall consist Of One Commissioned Officer Only, who, while serving in such capacity shall have power to ad- minister oaths, to hear and determine cases, and to impose, in whole or in part, the punishments pre- scribed by article thirty of the Articles for the GOV- ernment of the Navy: Provided, That in no Case IPage 392I - shall such courts adjudge discharge from the service Or adjudge confinement of forfeiture of pay for a longer period than twenty days. (Feb. 16, 1909, C. 131, § 2, 35 Stat. 621.) - . § 2988a. Declº courts and naval courts-mar- tial—When actively serving under the Navy Depart- Iment in time of war Or during the existence of an emergency, pursuant to law, as a part of the naval forces of the United States, commissioned officers of the Naval Reserve Force, Marine Corps Reserve, National Naval Volunteers, Naval Militia, Coast Guard, Lighthouse Service, Coast and Geodetic Sur- Vey, and Public Health Service are hereby empowered to serve on naval courts-martial and deck courts un- der Such regulations necessary for the proper ad-. ministration of justice and in the interests of the services involved, as may be prescribed by the Secre- tary of the Navy. (Oct. 6, 1917, c. 93, 40 Stat. 393.) § 2989. Deck courts; recorder—Any person in the Navy under command of the Officer by whose Order a deck Court is convened may be detailed to act as ºne: thereof. (Feb. 16, 1909, c. 131, § 3, 35 Stat. § 2990. Same; review of sentence—The officer within whose command a deck court is sitting shall have full power as reviewing authority to remit or mitigate, but not to commute, any sentence imposed by Such court; but no sentence of a deck Court Shall be Carried into effect until it shall have been SO approved or mitigated, and such officer shall have power to pardon any punishment such court may ad- judge. (Feb. 16, 1909, c. 131, § 4, 35 Stat. 621.) See § 3022. - § 2991. Same; rules governing—The courts hereby authorized shall be governed in all details of their constitution, powers, and procedure, except as herein provided, by such rules and regulations as the President may prescribe. (Feb. 16, 1909, c. 131, § 5, 35 Stat. 621.) § 2992. Same; records of proceedings; filing and review—The records Of the proceedings of the courts hereby authorized shall contain such matters only as are necessary to enable the reviewing au- thorities to act intelligently thereon, except that if the party accused demands it within thirty days after the decision Of the deck Court shall become known to him, the entire record or so much as he desires shall be sent to the reviewing authority. Such rec- ords, after action thereon by the convening authority, shall be forwarded directly to, and shall be filed in the Office Of the Judge-Advocate-General Of the Navy, where they shall be reviewed, and, when necessary, Submitted to the Secretary of the Navy for his action. (Feb. 16, 1909, c. 131, § 6, 35 Stat. 621.) § 2993. Same; objection to trial—No person who objects thereto shall be brought to trial before a deck Court. Where Such Objection is made by the person accused, trial shall be Ordered by summary or by general court-martial, as may be appropriate. (Feb. 16, 1909, c. 131, § 7, 35 Stat. 621.) § 2993.a. Same; officers authorized to order on enlisted men—Hereafter all officers of the Navy and Marine Corps who are authorized to order either general or summary courts-martial may Order deck courts upon enlisted men under their command, and shall have the same authority to inflict minor punish- ments as is conferred by law upon the Commander of a naval vessel. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 2994. (Art. 26.) Summary courts-martial— Summary Courts-martial may be Ordered upon petty officers and persons of inferior ratings, by the Com- mander of any vessel, or by the commandant of any navy-yard, naval station, or marine barracks to which they belong, for the trial of offenses which such officer may deem deserving of greater punishment than such commander or commandant is authorized to inflict, but not sufficient to require trial by a general Court- martial. A Ch. 10) TEIE NAVY # 3006b - [Page 393] § 2994a. Same; who may order—Summary | Sentence have been approved by the Secretary of the courts-martial may be Ordered upon enlisted men in the naval Service under his command by the command- ing officer of any brigade, regiment, or separate or detached battalion, or other separate or detached command, and, when empowered by the Secretary of the Navy, by the Commanding officer or officer in charge of any command not specifically mentioned in the foregoing: Provided, That when so empowered by the Secretary of the Navy to order summary courts- martial, the Commanding Officer of a naval hospital or hospital ship shall be empowered to Order such COurts and deck Courts, and inflict the punishments which the commander of a naval vessel is authorized by law to inflict, upon all enlisted men of the naval Service attached thereto, whether for duty or as pa- tients. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 2995. (Art. 27.) Same; constitution of—A Summary Court-martial shall consist Of three officers not below the rank Of ensign, as members, and Of a recorder. The commander of a ship may order any Officer under his command to act as such recorder. § 2996. (Art. 28.) Same; oath of members and recorder—Before proceeding to trial the mem- bers of a summary court-martial shall take the fol- lowing oath or affirmation, which shall be adminis- tered by the recorder: “I, A B, do swear (or affirm) that I will well and truly try, without prejudice Or partiality, the case now depending, according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience.” After which the recorder of the Court shall take the following oath or affirmation, which shall be ad- ministered by the senior member of the court: “I, A B, do swear (or affirm) that I will keep a true rec- TOrd of the evidence which shall be given before this Court and of the proceedings thereof.” § 2997. (Art. 29.) Same; testimony—All testi- mony before a summary Court-martial shall be given Orally, upon Oath Or affirmation, administered by the senior member of the court. - § 2998. (Art. 30.) Same; punishments by— Summary courts-martial may sentence petty Officers and persons of inferior ratings to any one of the following punishments, namely: (1) śad conduiet discharge—First. Discharge from the service with bad conduct discharge; but the Sentence shall not be carried into effect in a foreign COUntry. - (2) Solitary confinement in irons, on bread and water—Second. Solitary confinement, not exceed- ing thirty days, in irons, single or double, on bread and Water, Or On diminished rations. (3) Solitary confinement in irons—Third. Soli- tary Confinement in irons, single or double, not ex- ceeding thirty days. (4) Solitary confinement—Fourth. Solitary con- finement not exceeding thirty days. - (5) Confinement—Fifth. Confinement not exceed- ing two months. - *..., (6) Reduction in rating—Sixth. Reduction to next inferior rating. - (7) Deprivation of shore liberty–Seventh. Dep- rivation of liberty on shore on foreign station. (8) Extra police duties and loss of pay—Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-men- tioned punishments. § 2999. (Art. 31.) Same; disrating for in- competeney-A summary court-martial may disrate any rated person for incompetency. - § 3000. (Art. 32.) Same; execution of sentence of-No Sentence of a summary court-martial shall be carried into execution until the proceedings and Sentence have been approved [by the officer ordering the Court and by the commander-in-chief, or, in his absence], by the senior officer present. [And no sen- tence of such court which involves loss of pay shall be carried into execution until the proceedings and Navy]. Text in brackets superseded by § 3022. § 3001. (Art. 33.) Same; remission of 'sen- temce-The officer ordering a summary court-martial Shall have power to remit, in part or altogether, but not to COmmute, the sentence of the court. And it Shall be his duty either to remit any part or the whole Of any sentence, the execution of which would, in the Opinion Of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced, or to submit the case again, Without delay, to the same or to another sum- mary Court-martial, which shall have power, upon the testimony already taken, to remit the former punish- ment and to assign some other of the authorized pun-, ishments in the place thereof. . § 3002. (Art. 34, amended.) Same; conduct of proceedings; records—The proceedings of sum- lmary COurts-martial shall be conducted with as much Conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President, and all such proceed- ings shall be transmitted in the usual mode to the Navy Department, where they shall be kept on file for a period of two years from date of trial, after which time they may be destroyed in the discretion of the Secretary of the Navy. (Feb. 16, 1909, c. 131, § 14, 35 Stat. 622.) - - - § 3003. (Art. 35.) Samie punishments by gexa- eral courts-martial—Any punishment which a sum- mary Court-martial is authorized to inflict may be in- flicted by a general court-martial. § 3004. (Art. 36.) Dismissal of officers—NO Officer shall be dismissed from the naval Service ex- cept by the Order of the President or by sentence of a general Court-martial ; and in time. Of peace no of— ficer shall be dismissed except in pursuance of the sentence of a general court-martial or in mitigation, thereof. § 3005. (Art. 37.) Officer dismissed by Pres- ident may demand trial—When any Officer, dismiss- ed by Order of the President Since 3d March, 1865, makes, in Writing, an application for trial, Setting forth, under Oath that he has been wrongfully dismiss- ed, the President shall, as soon as the necessities of the service may permit, convening Court-martial to try Such officer on the charges on which he shall have been dismissed. And if Such COUIrt-martial Shall not be Convened within six months from the presentation of such application for trial, or if such court, being con- vened, shall not award dismissal or death as the pun- ishment of Süch Officer, the Order of dismissal by the President Shall be Void. t (Art. 38. Superseded.) This article provided for the convening courts-martial. It was superseded by § 3006. § 3006. General courts-martial; by whom converged—General COurts-martial may be Convened by the President, by the Secretary of the Navy, by the Commander in chief of a fleet or Squadron, and by the commanding officer of any naval station beyond the continental limits of the United States. (Feb. 16, 1909, c. 131, § 10, 35 Stat. 621.) For trial of naval cadets, see § 2741. ', § 3006a. Same—When empowered by the Secre. tary of the Navy, general Courts-martial may be con- vened by the commanding officer of a squadron, Of a division, of a flotilla, or of a larger naval force afloat, and Of a brigade or larger force of the naval service On Shore beyond the continental limits Of the United States. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 3006b. Same-In time of war, if then so em- powered by the Secretary of the Navy, general Courts- martial may be convened by the commandant of any navy yard Or naval station, and by the commanding officer of a brigade or larger force of the Navy or Ma- rine Corps On shore not attached to a navy yard of naval station. (Aug. 29, 1916, c. 417, 39 Stat. 586.) of general 2 3007 THE NAVY (Tit. 15 IPage 3941 § 3007. (Art. 39.) Same; constitution of—A [ provided five or more are assembled; but the court general COurt-martial shall consist of not more than thirteen nor less than five commissioned officers as members; and as many officers, not exceeding thir- teen, as can be convened without injury to the service, Shall be summoned on every such court. But in no case, where it can be avoided without injury to the Service, shall more than one-half, exclusive of the president, be junior to the officer to be tried. The senior officer shall always preside and the others shall take place according to their rank. § 3008. (Art. 40.) Same; and judge-advocate—The president of the general Court-martial shall administer the following oath Or affirmation to the judge-advocate or person officiating as SūCh: - “I, A B, do swear (or affirm) that I will keep a true record of the evidence given to and the proceed- ings of this court ; that I will not divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority ; and that I will not at any time divulge or disclose the Vote Or opinion of any particular member of the court, unless required so to do before a court of justice in due Course Of law.” This oath or affirmation being duly administered, each member of the court, before proceeding to trial, shall take the following oath or affirmation, Which shall be administered by the judge-advocate Or perSOn officiating as such: - “I, A B, do Swear (or affirm) that I will truly try without prejudice or partiality, the case now depend- ing, according to the evidence which shall Come be- fore the court, the rules, for the government of the Navy, and my own conscience; that I will not by any means divulge or disclose the sentence of the Court until it shall have been approved by the proper all- thority; and that I will not at any time divulge Or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law.” § 3009. (Art, 41.) Gath of witness—An oath or affirmation in the following form, shall be adminis- tered to all witnesses, before any court-martial, by the president thereof: “You do solemnly swear (or affirm) that the evi- dence you shall give in the case now before this Court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the charges. SO help you God ; (or ‘this you do under the pains and penal- ties of perjury.’)” § 3010. (Art. 42.) Contempts of court- Whenever any person refuses to give his evidence or to give it in the manner provided by these articles, or prevaricates, or behaves with contempt to the court, it shall be lawful for the court to imprison him for any time not exceeding two months. § 3011. (Art. 43.) Charges—The person accus- ed shall be furnished with a true copy of the charges, with the specifications, at the time he is put under ar- rest; and no Other Charges than those SO furnished shall be urged against him at the trial, unless it shall appear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some witness material to the Support of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given to the accused to make his defense against such new charge. § 3012. (Art. 44.) Duty of officer arrested— Every Officer who is arrested for trial shall deliver up his sword to his commanding officer and confine himself to the limits assigned him, on pain of dismis- sal from the service. § 3013. (Art. 45.) Suspension of proceedings —When the proceedings of any general court-martial nave commenced, they shall not be suspended or delay- ed on account of the absence of any of the members, oaths of members. is enjoined to sit from day to day, Sundays excepted, until sentence is given, unless temporarily adjourned by the authority which convened it. § 3.014. (Art. 46.) Absence of members—No member of a general court-martial shall, after the pro- ceedings are begun, absent himself therefrom, except in case of sickness, or of an order to go on duty from a superior officer, on pain of being cashiered. § 3015. (Art. 47.) Witnesses examined in absence of a member—Whenever any member of a court-martial, from any legal cause, is absent from the court after the commencement of a case, all the Wit- nesses who have been examined during his absence must, when he is ready to resume his seat, be recalled by the court, and the recorded testimony of each wit- ness so examined must be read over to him, and Such witness must acknowledge the same to be correct and be subject to such further examination as the said mem- ber may require. Without a compliance with this rule, and an entry thereof upon the record, a member Who shall have been absent during the examination of a witness shall not be allowed to sit again in that par- ticular Case. - § 3016. (Art. 48.) Suspension of pay–When- ever a court-martial sentences an officer to be suspend- ed, it may suspend his pay and emoluments for the whole or any part of the time of his suspension. § 3017. Extent of punishment; use of irons- The courts authorized to impose the punishments pre- scribed by article thirty of the Articles for the GOV- ernment of the Navy may adjudge either a part or the whole, as may be appropriate, of any One Of the punishments therein enumerated: Provided, That the ſuse of irons, single or double, is hereby abolished, ex. cept for the purpose of safe custody or when part of a sentence imposed by a general court-martial. (Feb. 16, 1909, c. 131, § 8, 35 Stat. 621.) See § 2998. & º § 3018. (Art. 49.) Flogging, branding—In no case shall punishment by flogging, or by branding, marking, or tattooing on the body be adjudged by any court-martial or be inflicted upon any person in the Navy. § ãoio. (Art. 50.) Sentences, how determin- ed—No person shall be sentenced by a court-martial to suffer death, except by the Concurrence Of tWO- thirds of the members present, and in the cases Where such punishment is expressly provided in these arti- cles. All other sentences may be determined by a ma– jority of votes. See § 3034. e § 3020. (Art. 51.) Adequate puznishment; rec- ommendation to mercy—It shall be the duty of a court-martial, in all cases of conviction, to adjudge a punishment adequate to the nature Of the Offense ; but the members thereof may recommend the person convicted as deserving of Clemency, and state, on the record, their reasons for SO doing. § 3021. (Art. 52.) Authentieation of judg- ment—The judgment of every court-martial shall be authenticated by the signature of the president, and of every member who may be present When Said judgment is pronounced, and also of the judge-ad- VOCate. § 3022. Approval of sentences—[All sentences of summary courts-martial may be carried into ef- fect upon the approval of the senior officer present, and all sentences of deck courts may be Carried into effect upon approval of the Convening authority Or His successor in office. (Feb. 16, 1909, c. 181, § 17, 35 Stat. 623.) Text in brackets superseded by § 3022a. § 3022a. Same; summary courts-martial—NO sentence of a summary Court-martial shall be carried into execution until the proceedings and sentence have been approved by the officer Ordering the court, or his successor in office, and by his immediate Superior in command: Provided, That if the officer ordering the Court, or his successor in office, be the Senior officer Ch. 10) 3. 8038 THE NAVY [Page 3951 present, such sentence may be carried into execution upon his approval thereof. (Aug. 29, 1916, c. 417, 39 Stat. 586.) . - § 3.523. (Art. 53.) Confirmation of sentence- No sentence of a court-martial, extending to the loss of life, or to the dismissal of a commissioned or War- rant officer, shall be carried into execution until Con- firmed by the President. All other sentences of a general court-martial may be carried into execution on confirmation of the commander of the fleet or Offi- cer ordering the court. § 3.024. (Art. 54.) Remission and Imitigation of sentence—Every officer who is authorized to Con- vene a general court-martial shall have power, On revision of its proceedings, to remit or mitigate, but not to commute, the sentence of any such court Which he is authorized to approve and Confirm. § 3025. Setting aside proceedings or remitting or mitigating sentence of court-martial—The Sec- retary of the Navy may set aside the proceedings Or remit or mitigate, in whole or in part, the Sentence imposed by any naval court-martial convened by his order or by that of any officer of the Navy or Marine Corps. (Feb. 16, 1909, c. 131, § 9, 35 Stat. 621.) § 3026. (Art. 55.) Courts of inquiry, by whom ordered—Courts of inquiry may be Ordered by the President, the Secretary of the Navy, or the Com- mander of a fleet or Squadron. - § 3026a. Same; by whom convened—Courts of inquiry may be convened by any officer of the naval service authorized by law to convene general courts- martial. (Aug. 29, 1916, c. 417, 39 Stat. 586.) § 3027. (Art. 56.) Same; constitution of—A Court of inquiry shall consist of not more than three Commissioned Officers as members, and of a judge-ad- VOCate, or person officiating as such. - § 3028. (Art. 57.) Same; powers of Courts Of inquiry shall have power to Summon witnesses, admin- ister Oaths, and punish contempts, in the same manner as Courts-martial; but they shall only state facts, and Shall not give their Opinion, unless expressly re- Quired SO to do in the Order for convening. § 3029. (Art. 58.) Same; oath of members and judge-advocate—The judge-advocate, or person officiating as such, shall administer to the members the following oath or affirmation: “You do Swear (or affirm) well and truly to examine and inquire, ac- cording to the evidence, into the matter now before you, without partiality.” After which the president shall administer to the judge-advocate, or person Of- ficiating as such, the following oath or affirmation: “You do swear (or affirm) truly to record the pro- Ceedings Of this Court and the evidence to be given in the case in hearing.” § 3.030. (Art. 59.) Same; rights of party—The party whose conduct shall be the subject Of inquiry, or his attorney, shall have the right to cross-examine all the Witnesses. ... ." § 3031. (Art. 60.) Same; proceedings; au- thentication; evidence—The proceedings of Courts of inquiry shall be authenticated by the signature of the president of the Court and of the judge-advocate, and shall, in all cases not capital, nor extending to the dismissal of a Commissioned Or Warrant Officer, be evidence before a court-martial, provided oral tes- timony Cannot be obtained. § 3032. (Art. 61.) H.imitation of trials; of- fenses in general—No person shall be tried by COurt- martial or otherwise punished for any offense, except as provided in the following article, which appears to have been committed more than two years before the issuing of the Order for such trial Or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period. (28 Stat. 680.) § 3033. (Art. 62.) Same; desertion in time of peace—No person shall be tried by court-martial Or otherwise punished for desertion in time of peace Was enlisted in the Service. committed more than two years before the issuing of the order for such trial or punishment, unless he shall meanwhile have absented himself from the United States, or by reason of Some other manifest impedi- ment shall not have been amenable to justice Within that period, in which case the time of his absence shall be excluded in computing the period of the lim- itation: Provided, That said limitation shall not be- gin until the end of the term for which said person. (28 Stat. 680.) § 3034. (Art. 63.) Punishment for offenses in time of peace—Whenever, by any of the Articles for the Government of the Navy of the United States, the punishment on Conviction of an Offense is left to the discretion of the court-martial, the punishment there- for shall not, in time of peace, be in excess of a limit which the President may prescribe. (28 Stat. 689.) § 3035. Witnesses; process for—A Inaval Court- martial or court of inquiry shall have power to is- Sue like process to compel witnesses to appear and testify which United States courts of criminal juris- diction within the State, Territory, or District where Such naval court shall be ordered to sit may lawfully issue. (Feb. 16, 1909, c. 131, § 11, 35 Stat. 621.) § 3.036. Same; failure to appear or testify; privilege—Any person duly subpoenaed to appear as a Witness before a general court-martial or court of inquiry of the Navy, who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence, which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which Such perSon Shall be punished on information in the district court of the United States; and it shall be the duty of the United States District Attorney, On the certification of the facts to him by such naval court to file an information against and prosecute the per- Sons So Offending, and the punishment of Such person, on conviction. shall be a fine of not more than five hundred dollars Or imprisonment not to exceed six months, or both, at the discretion of the Court : Pro- vided, That this shall not apply to persons residing beyond the State, Territory, or District in which such naval Court is held, and that the fees of such Witnesses and his mileage at the rates provided for Witnesses in the United States district Court for said State, Territory, or District shall be duly paid or tendered Said Witness, such amounts to be paid by the Bureau Of Supplies and Accounts out of the appropriation for compensation of Witnesses: Provided further, That no witness shall be compelled to incriminate himself or to answer any question which may tend to incrim- inate or degrade him. (Feb. 16, 1909, c. 131, § 12, 35 Stat. 622.) § 3037. Administration of oaths—That judges advocate of naval general Courts-martial and Courts of inquiry, and all commanders in chief of naval squadrons, commandants of navy yards and stations, officers commanding vessels of the Navy, and recruit- ing officers of the Navy. and the adjutant and inspec- tor, assistants adjutant and inspector, commanding officers, recruiting officers of the Marine Corps, and Such other officers of the Regular Navy and Marine Corps, of the Naval Reserve Force, of the Marine. Corps Reserve, and of the National Naval Volunteers as may be hereafter designated by the Secretary of the Navy, be, and they are hereby, authorized to ad- minister oaths for the purposes of the administration of naval justice and for other purposes of naval ad- ministration. (Jan. 25, 1895, c. 45, 28 Stat. 639, as amended, Act March 3, 1901, c. 834, 31 Stat. 1086, and Act March 4, 1917, c. 180, 39 Stat. 1171.) § 3038. Depositions in naval courts—The depo- sitions of witnesses may be taken On reasonable n0- tice to the opposite party, and When duly authenti- cated, may be put in evidence before naval Courts, ex- cept in capital cases and cases. Where the punish- ment may be imprisonment or confinement for more than one year as follows: First, depositions of civilian * 3039 (Tit. 15 THE NAVY [Page 396] witnesses residing Outside the State, Territory, or District in which a naval Court is Ordered to Sit ; second, depositions of persons in the naval or military Service Stationed or residing outside the State, Ter- ritory, or District in which a naval court is ordered to sit, or Who are under orders to go Outside of such State, Territory, or District ; third, where such naval court is convened on board a vessel of the United States, or at a naval station not within any State, Territory, or District of the United States, the dep- ositions of witnesses may be taken änd used as here- in provided whenever such witnesses reside or are sta- tioned at such a distance from the place where said naval Court is ordered to sit, or are about to go to Such a distance as, in the judgment of the Convening au- thority, Would render it impracticable to secure their personal attendance. (Feb. 16, 1909, c. 131, § 16, 35 Stat. 622.) § 3039. Allowances to prisoners—Persons con- fined in prisons in pursuance of the sentence of a naval court-martial shall, during such confinement, be allowed a reasonable sum, not to exceed three dollars per month, for necessary prison expenses, and shall upon discharge be furnished with suitable ci- vilian clothing and paid a gratuity, not to exceed twenty-five dollars: Provided, That such allowances shall be made in amounts to be fixed by, and in the discretion of, the Secretary of the Navy and only in Cases where the prisoners so discharged would other- Wise be unprovided with Suitable clothing or without funds to meet their immediate needs. (Feb. 16, 1909, c. 131, § 13, 35 Stat. 622.) § 3040. Transportation and clothing for dis- charged prisoners—The Secretary of the Navy is hereafter authorized to transport to their homes Or places of enlistment, as he may designate, all dis- charged naval prisoners ; the expense Of Such trans- portation shall be paid out of any money that may be to the Credit of prisoners when discharged; where there is no such money, the expense shall be paid Out of money received from fines and forfeitures imposed by naval courts-martial: Provided further, That the Secretary of the Navy is hereby authorized to furnish naval prisoners upon discharge suitable civilian cloth- ing in case, and only where, said discharged prisoners would otherwise be unprovided with suitable cloth- ing to meet their immediate needs. (March 3, 1909, c. 255, 35 Stat. 756.) & TITLE xv.1—THE MILITIA Chap. Sec. A. The National Guard and the Unorganized Militia 3041 Chap. Sec. B. Naval Militia and National Naval Volunteers. . .3078a Chapter A–The National Guard and Sec. the Unorganized Militia 3041. Composition of militia; National Guard, Naval Militia, and Unorganized Militia. 3041a. Act applicable to land forces only. 8042. “State or Territory” to include District of Columbia. 3043. Exemptions from militia duty. 3044. National Guard; composition. 3044a. Same; organization of units. 3044b. Maintenance of other troops by states. 3044c. Existing Artillery, Cavalry, or Infantry Corps. 3044cc. National Guard; officers and enlisted men of Staff Corps and Departments. 3044d. Same; number. 3044e. Same; assignment to brigades and divisions. 3044f. Same; chiefs of Staff of divisions. 3044g. Same; location of units. 3044h. Same; enlistments in. 3044i. Same; federal enlistment contract. 3044.j. Same; signing contract and oath. 3044k. Same; discharge of enlisted men. 3044!. Same; federal oath for officers. 3044 m. Same; qualifications for officers. 3044n. Same; examinations for commissions. 30440. Same; elimination and disposition of officers. 3044.p. National Guard Reserve. 30444. Reserve battalions for recruit training. 3044r. Leaves of absence for government employés. 3044s. National Guard; armament, equipment, and uniform. 3044t. Same; discipline. 3044 u. Same; pay of officers. 3044v. Same; pay of enlisted men. sº 8044W. Rules and regulations. 3045. Drafting National Guard into Federal service; effect; officers; pay. 3046. Same; period of service. 3047. Same; combination of organizations; filling vacancies in Regular Army. 3048. Same; physical examination. 3048a. Drafting militia of Philippines into Federal service; pay and allowances. 3049. Courts-martial ; militia in service of U. S. 3049a. Courts-martial for National Guard; system. 3049b. Same; general courts-martial. 3049c. Same; special courts-martial. 3049d. Same; summary courts. 3049e. Same; sentences. 3049f. Same; sentences; approval. 3049g. Same; arrest; processes; sentences. 3050. Drafting National Guard into Federal service; laws governing. 3051. Same; assignments to commands. 3052. Same; commencement of pay. 3052a. Payment by state authorities to date of muster in. 3052b. Drafting National Guard into Federal service; support of families of members. 3052C. Same; preceding section amended. Sec. 3G52d. Same; application of § 3052b. 3053. Adjutant-General; duties. - 3053a. Same. 3054. Appropriation, apportionment, funds for National Guard. 3055. Annual estimates. 3056. Purchase of equipment; accountability therefor. 3057. Disposition and replacement of damaged property. 3058. Sale of condemned stores. 3059. Issue of arms to National Guard. 3059a. Same; new type without charge to appropriations. 3059b. Same; new type; return of obsolete arms. 3060. Same; new type of small arms. 3061. Same; automatic pistols; exchange of ammunition. Supplying and exchanging infantry equipment; requi- sitions. 3062. Issue of field artillery material. and disbursement of 306.2a. Horses for cavalry and field artillery of National Guard. 3062b. Use of funds for forage. 3062c. Horses to remain property of United States; number issued. 3062d. Transfer of horses and pack mules to National Guard organizations. 3062e. Detail of enlisted men to Care for material, etc. 3063. Purchase of material for State coast artillery. 3064. Inspections of National Guard. Property and disbursing officers. Noncompliance with federal act. 3065. Bonds of officeps of organized militia. 3066. Encampments arid maneuvers. 3066a. Same; command when participating with United States. 3066b. Instruction camps. 3066c. Same; reduced rates by carriers. 3067. Same; pay. 3068. National Guard officers and men at service schools. 3069. Purchase of stores and supplies. 3070. Sale of rifles for rifle clubs. ' 3070a. Issue of rifles to rifle clubs and military schools. 3070b. Rifle ranges. * 3070c. Director of Civilian Marksmanship. 3071. Rifle clubs; sale of ammunition for use of. 3071a. Same; issue of materials to. 3071aa. Same; detail of enlisted men as instructors. 3071b. Training camps; training and instruction. 3071 c. Same; pay; mileage, 3072. Training of National Guard. 3072a. Same; camps. - 3072b. Same; attendance at school or attachment to organ- ization of Regular Army. 3072c. Sale of land purchased for target ranges. 3073. Detail of army officers to attend encampments. Army personnel for encampments and maneuvers. 3074. Army officers for duty with National Guard. 3074a. Sergeants for duty With National Guard. 3074aa. Offices for inspector instructors. 3074b. Militia, Bureau of War Department. 3075. Ammunition for instruction in firing. 3076. Pensions. Ch. A) THE MILITIA - 3 8044d IPage 397 I Sec. - § 3044. National Guard; composition—The 3076a. Same; National Guard drafted into service in time of | National Guard shall consist of the regularly enlisted smob, sº militia between the ages of eighteen and forty-five 3077. Filling vacancies when drafted into federal service. 3078. [Superseded.] (R. S. §§ 1625–1660. Repealed.) These sections, comprising the whole of this Title of the Revised Statutes except $ 1661, which made a permanent annual appropriation for arms and equipments for the militia, were repealed by Act Jan. 21, 1903, c. 196, § 25, 32 Stat. 780. This Title of the Revised Statutes included sections 1625–1661, which provided for the composition, or— ganization, equipment, regulation, and service of the mili- tia. Provisions of the same nature were made by the Militia. Act, also known as the Dick Act, of Jan. 21, 1903, c. 196, 32 Stat. 775. - The provisions of the Dick Act, as amended by Act May 27, 1908, c. 204, 35 Stat. 399, relating to the organized mili- tia, were probably superseded by corresponding provisions, set forth in this title, of the National Defense Act of June 3, 1916, c. 134, although such provisions of the later act generally apply only to the National Guard, of which an existing corps of the kind mentioned in § 63 of the later act (§ 3044c) may, but not necessarily must, become a The provisions of the National Defense Act of June º #1s. c. 134, relating to the National Guard and Unor- ganized Militia, are $$ 3041, 3041a, 3043-3045, 3048, 3049a, 3050, 3053a, 3054, 3055, 3057-3059b, 3062a, 3062b, 3064-306.4b, 3066–3066b, 3067-3069, 3070a, 3070b, 3072, 3073a–3074b, 3077, of this compilation. § 3.041. Composition of militia; National Guard, Naval Militia, and Unorganized Militia- The militia of the United States shall consist of all able-bodied male citizens of the United States and all other able-bodied males who have or shall have de- clared their intention to become citizens of the Unit- ed States, who shall be more than eighteen years of age and, except as hereinafter provided, not more than forty-five years of age, and said militia shall be divided into three classes, the National Guard, the Naval Militia, and the Unorganized Militia. (June 3, 1916, c. 134, § 57, 39 Stat. 197.) See note at beginning of chapter. Naval Militia, see § 3078a. Selective Draft Act, see §§ 2044a–20444. § 3041a. Act applicable to land forces only— The provisions of this Act in respect to the militia shall be applicable only to militia Organized as a land force and not to the Naval Militia, which shall con- sist of such part of the militia as may be prescribed by the President for each State, Territory, or District: Provided, That each State, Territory, or District maintaining a Naval Militia as herein prescribed may be Credited to the extent Of the number thereof in the quota that would otherwise be required" by sec- . tion sixty-two of this Act. (June 3, 1916, c. 134, § 117, 39 Stat. 212.) § 3042. “State or Territory” to include Dis- trict of Columbia—Whenever the Words “State Or Territory” are used in the “Act to promote the efficien- Cy of the militia, and for other purposes,” approved January twenty-first, nineteen hundred and three, as amended, they shall be held to apply to and include the District of Columbia. (Feb. 18, 1909, c. 146, 35 Stat. 636.) § 3.043. Exemptions from militia duty—The Vice President of the United States; the Officers, ju- dicial and executive, of the Government of the United States and of the several States and Territories; per- Sons in the military Or naval Service Of the United States; customhouse Clerks; persons employed by the United States in the transmission of the mail; arti- ficers and Workmen employed in the armories, ar- senals, and navy yards of the United States; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States, shall be exempt from militia duty without regard to age, and all persons who because of religious belief shall claim exemption from military service, if the conscientious holding Of Such belief by such person shall be estab- lished under such regulations as the President shall prescribe, shall be exempted from militia Service in a Combatant CapaCity; but no person SO exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant. (June 3, 1916, c. 134, § 59, 39 Stat. 197.) years organized, armed, and equipped as hereinafter provided, and Of Commissioned Officers between the ages of twenty-one and sixty-four years. (June 3, 1916, c. 134, § 58, 39 Stat. 197.) See note at beginning of chapter. § 3044a. Same; organization of units—Except as otherwise specifically provided herein, the organiza- tion of the National Guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the Regular Army, Subject in time of peace to such general excep- tions as may be authorized by the Secretary of War. And the President may prescribe the particular unit Or units, as to branch or arm of service, to be main- tained in each State, Territory, or the District of Columbia in order to secure a force which, when com- bined, shall form complete higher tactical units. (June 3, 1916, c. 134, § 60, 39 Stat. 197.) § 3044 b. Maintenance of other troops by states–No State shall maintain troops in time of peace Other than as authorized in accordance with the Organization prescribed under this Act: Provided, That nothing contained in this Act shall be construed as limiting the rights of the States and Territories in the use of the National Guard within their respec- tive borders in time of peace: Provided further, That nothing contained in this Act shall prevent the or- ganization and maintenance of State police or con- Stabulary. (June 3, 1916, c. 134, § 61, 39 Stat. 198.) § 3044c. Existing Artillery, Cavalry, or In-. fantry Corps—Any corps of Artillery, Cavalry, or Infantry existing in any of the States on the passage Of the Act of May eighth, seventeen hundred and ninety-two, which by the laws, customs, or usages of Said States has been in continuous existence since the passage of Said Act, under its provisions and under the provisions of section two hundred and thirty-two and Sections sixteen hundred and twenty-five to six- teen hundred and sixty, both inclusive, of title sixteen Of the Revised Statutes of eighteen hundred and sev- enty-three, and the Act of January twenty-first, nine- teen hundred and three, relating to the militia, shall be allowed to retain its ancient privileges, subject, nevertheless, to all duties required by law of militia: Provided, That said organizations may be a part of the National Guard and entitled to all the privileges Of this Act, and shall conform in all respects to the Organization, discipline, and training of the National Guard in time of war: Provided further, That for purposes of training and when on active duty in the Service of the United States they may be assigned to higher units, as the President may direct, and shall be subject to the orders of officers under whom they tº be serving. (June 3, 1916, c. 134, § 63, 39 Stat. 198. R. S. § 232, was repealed by Act Jan. 21, 1903, c. 196, § 25, 32 Stat. 775. Act May 8, 1792, c. 33, was incorporated into sections of this Title, , which were also repealed by said Act Jan. 21, 1903, c. 196, § 25. $ 3044cc. National Guard; officers and enlist- ed men of Staff Corps and Departments—The Na- tional Guard of any State, Territory, or the District Of Columbia, shall include such officers and enlisted men of the Staff Corps and Departments, correspond- ing to those of the Regular Army, as may be author- ized by the Secretary of War. (May 12, 1917, c. 12, 40 Stat. 68.) § 3044d. Same; number—The number of enlist- ed men. Of the National Guard to be Organized under this Act Within One year from its passage shall be for each State in the proportion of two hundred such men for each Senator and Representative in Congress from such State, and a number to be determined by the President for each Territory and the District of Columbia, and shall be increased each year thereafter in the proportion of not less than fifty per centum until a total peace strength of not less than eight hun- & 8044e (Tit. 16 THE MILITIA IPage 3981 dred enlisted men for each Senator and Representa- tive in Congress shall have been reached: ProVided, That in States which have but one Representative in Congress such increase shall be at the discretion of the President: Provided further, That this shall not be construed to prevent any State, Territory, or the District of Columbia from Organizing the full num- ber of troops required under this section in less time than is specified in this section, or from maintaining existing Organizations if they shall conform to Such rules and regulations regarding organization, Strength, and armament as the President may prescribe: And provided further, That nothing in this Act shall be construed to prevent any State with but one Repre- sentative in Congress from Organizing One Or more regiments of troops, with such auxiliary troops as the President may prescribe; such organizations and members of such Organizations to receive all the bene- fits accruing under this Act under the Conditions set forth herein: Provided further, That the word Terri- tory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be Or- ganized under such rules and regulations, not in COn- flict with the provisions of this Act, as the President may prescribe. (June 3, 1916, c. 134, § 62, 39 Stat. 198.) § 3044e. Same; assignment to brigades and divisions—For the purpose of maintaining appropri- ate organization and to assist in instruction and train- ing, the President may assign the National Guard Of the several States and Territories and the District of Columbia to divisions, brigades, and other tactical units, and may detail officers either from the National Guard or the Regular Army to command Such units: Provided, There where complete units are organized within a State, Territory, or the District of Colum- bia the commanding officers thereof shall not be dis- placed under the provisions of this section. (June 3, 1916, c. 134, § 64, 39 Stat. 198.) § 3044f. Same; chiefs of Staff of divisions— The President may detail one officer of the Regular Army as chief of staff and one officer of the Regular Army or the National Guard as assistant to the Chief of staff of any division of the National Guard in the Service Of the United States as a National Guard Or- ganization: Provided, That in order to insure the prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail an officer of the Regular Army to per- form the duties of chief of staff for each fully organ- ized tactical division of the National Guard. (June 3, 1916, c. 134, § 65, 39 Stat. 199.) § 3044g. Same; location of units—The States and Territories shall have the right to determine and fix the location of the units and headquarters Of the National Guard within their respective borders: Pro- vided, That no organization of the National Guard, members of which shall be entitled to and shall have received compensation under the provisions of this Act, shall be disbanded without the consent of the President, nor, without such consent, shall the Com- missioned or enlisted strength of any Such Organiza- tion be reduced below the minimum that shall be pre- scribed therefor by the President. (June 3, 1916, c. 134, § 68, 39 Stat. 200.) § 3.044 h. Same; enlistments in—Hereafter the period of enlistment in the National Guard shall be for six years, the first three years of which shall be in an active organization and the remaining three years in the National Guard Reserve, hereinafter provided for, and the qualifications for enlistment shall be the same as those prescribed for admission to the Regu- lar Army: Provided, That in the National Guard the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in said service shall not be denied by reason of anything contained in this Act. (June 3, 1916, c. 134, § 69, 39 Stat. 200.) § 3.044i. Same; federal enlistment contract- Enlisted men in the National Guard of the Several States, Territories, and the District of Columbia now serving under enlistment Contracts which contain an obligation to defend the Constitution of the United States and to obey the orders of the President of the United States shall be recognized as members Of the National Guard under the provisions of this Act for the unexpired portion of their present enlistment Con- tracts. When any such enlistment Contract does not contain such obligation, the erflisted man shall not be recognized as a member of the National Guard until he shall have signed an enlistment Contract and tak- en and subscribed to the following Oath of enlistment, upon signing which credit shall be given for the pe- riod already served under the old enlistment con- tract : “I do hereby acknowledge to have Voluntarily enlisted this — day Of , 19—, as a soldier in the National Guard Of the United States and Of the State Of , for the period of three years in service and three years in the reserve, under the con- ditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States Of America and to the State Of , and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the Orders Of the President Of the United States and Of the governor of the State Of , and Of the Officers appointed over me according to law and the rules and articles of war.” (June 3, 1916, c. 134, § 70, 39 Stat. 201.) § 3044.j. Same; signing contract and oath— Hereafter all men enlisting for Service in the Nation- al Guard shall sign an enlistment COntract and take and SubSCribe to the Oath prescribed in the preceding section of this Act. (June 3, 1916, c. 134, § 71, 39 Stat. 201.) § 3044k. Same; discharge of exalisted men-- An enlisted man discharged from Service in the Na- tional Guard shall receive a discharge in writing in Such form and with Such classification as is Or shall be prescribed for the Regular Army, and in time of peace discharges may be given prior to the expiration of terms of enlistment under Such regulations as the President may prescribe. (June 3, 1916, c. 134, § 72, 39 Stat. 201.) - § 3044l. Same; federal oath for officers–Com- missioned officers Of the National Guard of the Sever- al States, Territories, and the District of Columbia now serving under commissions regularly issued shall continue in office, as officers of the National Guard, without the issuance of new commissions: Provided, That said officers have taken, or shall take and Sub- scribe to the following oath of office: “I, -, do solemnly swear that I will support and defend the Constitution of the United States and the constitution Of the State Of —, against all enemies, foreign and domestic ; that I will bear true faith and al- legiance to the same; that I will obey the Orders of the President of the United States and Of the gov- ernor of the State of —; that I make this Ob- ligation freely, without , any mental reservation Or purpose of evasion, and that I will Well and faith- fully discharge the duties of the office of — in the National Guard of the United States and Of the State of - upon which I am about to enter, SO help me God.” (June 3, 1916, c. 134, § 73, 39 Stat. 201.) - § 3.0441m. Same; qualifications for officers- Persons hereafter commissioned as Officers of the National Guard shall not be recognized as Such un- der any of the provisions of this Act unless they shall have been selected from the following Classes and shall have taken and subscribed to the Oath of Office prescribed in the preceding section of this Act: Of- ficers or enlisted men of the National Guard; Officers Ch. A) 3 3044v. THE MILITIA IPage 399] on the reserve or unassigned list of the National Guard; officers, active or retired, and former officers of the United States Army, Navy, and Marine Corps; graduates of the United States Military and Naval Academies and graduates of Schools, Colleges, and universities where military science is taught under the Supervision of an officer of the Regular Army, and, for the technical branches and staff Corps or de- partments, such other civilians as may be especially qualified for duty therein. (June 3, 1916, c. 134, § 74, 39 Stat. 201.) - § 3044m. Same; examinations for comzuis- sions—The provisions of this Act shall not apply to any person hereafter appointed an officer of the Na- tional Guard unless he first shall have Successfully passed such tests as to his physical, moral, and pro- fessional fitness as the President shall prescribe. The examination to determine such qualifications for Com- mission shall be conducted by a board Of three Com- missioned officers appointed by the Secretary of War' from the Regular Army or the National Guard, or both. (June 3, 1916, c. 134, § 75, 39 Stat. 202.) § 30440. Same; elimination and disposition of officers—At any time the moral character, Capaci- ty, and general fitness for the service of any National Guard officer may be determined by an efficiency board Of three Commissioned Officers, senior in rank to the Officer whose fitness for service shall be under investigation, and if the findings of such board be unfavorable to such officer and be approved by the Official authorized to appoint such an officer, he shall be discharged. Commissions Of Officers Of the Nation- al Guard may be vacated upon resignation, absence Without leave for three months, upon the recommen- dation of an efficiency board, or pursuant to sentence of a court-martial. Officers of said guard rendered surplus by the disbandment of their organizations shall be placed in the National Guard Reserve. Offi- CerS may, upon their OWn application, be placed in the said reserve. (June 3, 1916, c. 134, § 77, 39 Stat. 202.) § 3044.p. National Guard Reserve—Subject to such rules and regulations as the President may pre- scribe, a National Guard Reserve shall be Organized in each State, Territory, and the District of Colum- bia, and shall consist Of Such Organizations, Officers, and enlisted men as the President may prescribe, or members thereof may be assigned as reserves to an active organization of the National Guard : Provided, That members of said reserve, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allow- ances as enlisted men of like grade On the active list of said guard when likewise engaged : Provided fur- ther, That, except as otherwise specifically provided in this Act, no Commissioned or enlisted reservist shall receive any pay or allowances out of any ap- propriation made by Congress for National Guard purposes. (June 3, 1916, c. 134, § 78, 39 Stat. 202.) . § 3.0444. Reserve battalions for recruit train- ing—When members Of the National Guard and the enlisted reserve thereof of any State, Territory, or the District of Columbia shall have been brought into the service of the United States in time of war, there shall be immediately organized, either from such en- listed reserve or from the unorganized militia, in Such State, Territory, or District, one reserve battalion for each regiment of Infantry or Cavalry, or each nine batteries of Field Artillery, or each twelve companies of Coast Artillery, brought into the service of the United States, and such reserve battalion shall con- stitute the fourth battalion of any such regiment or twelve Companies of Coast Artillery. Reserve bat- talions shall consist of four companies of such Strength as may be prescribed by the President of the United States. When the members of three or more regiments of the National Guard of any State, Terri- tory, or District shall have been brought into the service of the United States, the reserve battalions of Such regiments may be organized into provisional regiments and higher units. If for any reason there Shall not be enough voluntary enlistments to keep the - reserve battalions at the prescribed strength, a suffi- Cient number of the unorganized militia shall be drafted into the service of the United States to main- tain each of such battalions at the proper Strength. As vacancies occur from death or other Causes in any Organization in the service Of the United States and composed of men taken from the National Guard, men Shall be transferred from the reserve battalions to the organizations in the field so that such organiza- tions may be maintained at war strength. Officers for the reserve battalions provided for herein shall be drafted from the National Guard Reserve or Coast Artillery companies of the National Guard or the Officers' Reserve Corps, such officers to be taken, if practicable, from the States, respéctively, in which the battalions shall be organized. Officers and non- Commissioned officers returned to their home Stations because of their inability to perform active field serv- ice may be assigned to reserve battalions for duty, and all soldiers invalided home shall be assigned to and carried on the rolls of reserve battalions until returned to duty or until discharged. (June 3, 1916, c. 134, § 79, 39 Stat. 202.) § 3O44-r. Leaves of absence for government employés—All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, with- out loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast- defense training ordered or authorized under the pro- visions of this Act. (June 3, 1916, c. 134, § 80, 39 Stat. 203.) - § 3044s. National Guard; armament, equip- ment, and uniform—The National Guard Of the United States shall, as far as practicable, be uniform- ed, armed, and equipped with the same type of uni- forms, arms, and equipments as are or shall be pro- vided for the Regular Army. (June 3, 1916, c. 134, § 82, 39 Stat. 203.) § 3044t. Same; discipline—The discipline (Which includes training) of the National Guard shall con- form to the system which is now or may hereafter be prescribed for the Regular Army, and the training shall be carried out by the several States, Territories, and the District Of Columbia SO as to COnform to the provisions of this Act. (June 3, 1916, c. 134, § 91, 39 Stat. 206.) § 3044U. Same; pay of officers—Certain Com- missioned officers On the active list belonging to Or- ganizations of the National Guard of each State, Ter- ritory, and the District of Columbia participating in the apportionment of the annual appropriation for the support. Of the National Guard Shall receive Com- pensation for their services, except during periods of service for which they may become lawfully entitled to the Same pay as officers of corresponding grades of the Regular Army, as follows, not to include longevity pay: A captain $500 per year and the same pay shall be paid to every officer of higher rank than that of captain, a first lieutenant $240 per year, and a Second lieutenant $200 per year. Regulations to be prescribed by the Secretary of War shall determine the amount and character of service that must be rendered by Officers to entitle them to the whole Or Specific parts of the maximum pay hereinbefore au- thorized: Provided, That all staff officers, aids-de- Camp, and Chaplains shall receive not to exceed one- half of the pay of a captain, except that regimental adjutants, and majors and captains in command of machine-gun companies, ambulance companies, field hospital Companies, or sanitary troops shall receive the pay hereinbefore authorized for a captain. (June 3, 1916, c. 134, § 109, 39 Stat. 209.) § 3044v. Same; pay of enlisted men—Each en- listed man on the active list belonging to an organiza- - 3 3044v. (Tit. 16 THE MILITIA [Page 400] tion of the National Guard of a State, Territory, or the District of Columbia, participating in the appor- tionment of the annual appropriation for the support of the National Guard, shall receive compensation for his services, except during periods of service for which he may become lawfully entitled to the same pay as an enlisted man of corresponding grade in the Reg- ular Army, at a rate equal to twenty-five per Centum of the initial pay now provided by law for enlisted men of corresponding grades of the Regular Army: Provided, That such enlisted man shall receive the Compensation herein provided if he shall have attend- ed not less than forty-eight regular drills during any One year, and a proportionate amount for attendance upon a lesser number of such drills, not less than twenty-four ; and no such enlisted man shall receive any part of said compensation except as authorized by this proviso and the three provisos next following: Provided further, That the compensation provided herein shall be computed for semiannual periods, be- ginning the first day of January and the first day Of July of each year, in proportion to the number of drills attended ; and no compensation shall be paid to any enlisted man for the first semiannual period of . any year unless he shall have attended during said period at least twenty-four drills, but any lesser num- ber of drills attended during said period shall be reck- oned with the drills attended during the second Semi- annual period in computing the compensation, if any, due him for that year: Provided further, That when any man enters into an enlistment other than an im- mediate reenlistment he shall be entitled to propor- tional compensation for that year if during the re- mainder of the year he shall attend a number of drills whose ratio to twenty-four is not less than the ratio of the part of the year so served to the whole year; and when any man’s enlistment shall expire the Com- pensation, if any, to which he may be entitled shall be determined in like manner: Provided further, That periods of any actual military duty equivalent to the drills herein prescribed (except those periods of service for which members of the National Guard may become lawfully entitled to the same pay as Officers and enlisted men of the corresponding grades in the Regular Army) may be accepted as Service in lieu of such drills when so provided by the Secretary of War. All amounts appropriated for the purpose Of this and the last preceding section shall be disbursed and accounted for by the officers and agents of the Quar- termaster Corps of the Army, and all disbursements under the foregoing provisions of this section shall be made as soon as practicable after the thirty-first day of December and the thirtieth day of June of each year upon pay rolls prepared and authenticated in the manner to be prescribed by the Secretary of War: Provided, That stoppages may be made against the compensation payable to any officer, or enlisted man hereunder to cover the cost of public property lost or destroyed by and chargeable to such officer or enlisted man. Except as otherwise specifically provided herein, no money appropriated under the provisions of this or the last preceding section shall be paid to any person not on the active list, nor to any person over sixty- four years of age, nor to any person who shall fail to qualify as to fitness for military service under such regulations as the Secretary of War shall prescribe, nor to any State, Territory, or District, or officer or enlisted man in the National Guard thereof, unless and until such State, Territory, or District provides by law that staff officers, including officers of the Pay, Inspection, Subsistence, and Medical Departments, hereafter appointed shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court- martial legally convened for that purpose, and that vacancies among said officers shall be filled by ap- pointment from the officers of the militia of such State, Territory, or District: Provided further, That the preceding proviso shall not apply to any State, Territory, or District until sixty days next after the adjournment of the next session of its legislature held after the approval of this Act. (June 3, 1916, c. 134, § 110, 39 Stat. 209.) - - § 3044 w. Rules and regulations—The President shall make all necessary rules and regulations and is- Sue Such orders as may be necessary for the thorough Organization, discipline, and government of the militia provided for in this Act. (June 3, 1916, c. 134, § 118, 39 Stat. 213.) - § 3045. Drafting National Guard into Federal service; effect; officers; pay—When Congress shall have authorized the use of the armed land forces Of the United States, for any purpose requiring the use Of troops in excess of those of the Regular Army, the President may, under such regulations, including such physical examination, as he may prescribe, draft into the military service of the United States, to serve therein for the period of the war unless sooner dis- Charged, any or all members of the National Guard and of the National Guard Reserve. All persons so drafted shall, from the date of their draft, stand dis- charged from the militia, and shall from said date be subject to such laws and regulations for the gov- ernment of the Army of the United States as may be applicable to members of the Volunteer Army, and Shall be embodied in Organizations Corresponding as far as practicable to those of the Regular Army or shall be otherwise assigned as the President may di- rect. The commissioned Officers of said Organizations shall be appointed from among the members thereof, Officers with rank not above that of Colonel to be ap- pointed by the President alone, and all other officers to be appointed by the President by and with the ad- vice and consent of the Senate. Officers and enlisted men in the service of the United States under the terms of this section shall have the same pay and al- lowances as officers and enlisted men of the Regular Army of the same grades and the same prior Service. (June 3, 1916, c. 134, § 111, 39 Stat. 21.1.) Prior acts, see Act Jan. 21, 1903, c. 196, §§ 6, 10, 32 Stat. 776, Act Jan. 21, 1903, c. 196, §§ 4, 5, 32 Stat. 776, as amend- ed, Act May 27, 1908, c. 204, §§ 3, 4, 35 Stat. 400. Volunteer Army, see §§ 2026a–2044. Naval Militia, see § 3078a (32), (33), (36). Naval Volunteers, see § 3078b (2), (3), (5). Fur- ther, as to draft of National Guard, see the Selective Draft Act, Act May 18, 1917, c. 15 (§§ 2044a–2044Q). - § 3046. Same; period of service—In the opinion of the Congress of the United States an emergency now exists which demands the use of troops in addi- tion to the Regular Army of the United States, and that the President be, and he is hereby, authorized to draft into the military service of the United States, under the provisions of section one hundred and eleven of the national defense Act approved June third, nineteen hundred and sixteen, so far as the pro- Visions of said Section may be applicable and not in- Consistent with the terms hereof, any or all members of the National Guard and of the Organized Militia of the Several States, Territories, and the District of Columbia and any and all members Of the National Guard and Organized Militia Reserves, to serve for the period of the emergency, not exceeding three years, unless sooner discharged: Provided, That all persons so drafted shall, from the date of their draft, stand discharged from the militia during the period of their service under said draft. (July 1, 1916, c. 211,” § 1, 39 Stat. 339.) Act June 3, 1916, c. 134, § 111, is § 3045. § 3047. Same; combination of organizations; filling vacancies in Regular Army—When organi- zations the members of Which are drafted under the provisions Of this resolution do not constitute Com- plete tactical units the President may, by combining such organizations, organize battalions, regiments, brigades, and divisions, and may appoint officers for Such units from the Regular Army, from the members Ch. A) & 3049g. THE MILITIA [Page 401] of Such organizations, from those duly qualified, and registered pursuant to section twenty-three of the Act Of Congress approved January twenty-first, nineteen hundred and three, or members of the Officers' Re- Serve Corps as provided in section thirty-eight of the national defense Act of June third, nineteen hundred and sixteen, officers with rank not above that of col- Onel to be appointed by the President alone and all Other Officers to be appointed by the President, by and With the advice and consent of the Senate: Provided, That Vacancies incident to the appointment of officers Of the Regular Army to the positions in the forces drafted for this emergency may be filled under the provisions of section eight of the Act of April twenty- fifth, nineteen hundred and fourteen. (July 1, 1916, G. 211, § 3, 39 Stat. 340.) Act Jan. 21, 1903, c. 196, § 23, is § 2042. Act June 3, 1916, c. 134, § 38, is § 1881b. Act April 25, 1914, c. 71, § 8, is § 1905a. § 3048. Same; physical examination—Every officer and enlisted man of the National Guard who Shall be called into the Service of the United States as such shall be examined as to his physical fitness under such regulations as the President may pre- scribe without further commission or enlistment: Pro- Vided, That immediately preceding the muster out of an Officer or enlisted man called into the active Serv- ice of the United States he shall be physically examin- ed under rules prescribed by the President of the United States, and the record thereof shall be filed and kept in the War Department. (June 3, 1916, c. 134, § 115, 39 Stat. 212.) . § 3.048a. Drafting militia of Philippines in- to Federal service; litia and other locally created armed forces in the Philippine Islands may be called into the service of the United States, and all members thereof may be drafted into Said service and Organized in such man- ner as is or may be provided by law for calling or drafting the National Guard into said service, and shall in all respects while therein be upon the same footing with members of the National Guard so called Or drafted: Provided, That the pay and allowances Of officers and men of the Philippine Militia and other locally created armed forces in the Philippine Islands called into the service of the United States under the provisions of this Act when serving in the Philippine Islands shall in no case exceed the pay and allow- ances for corresponding grades of Philippine Scouts. (Jan. 26, 1918, c. 11, 40 Stat.) & § 3049. Courts-martial; militia in service of U. S.—The majority membership of courts-martial for the trial of officers or men of the militia when in the service of the United States shall be composed of militia officers. (Jan. 21, 1903, c. 196, § 8, 32 Stat. 776, amended, May 27, 1908, c. 204, § 6, 35 Stat. 401.) General provisions relating to courts-martial, see Arti- cles of War, $ 2308a. And see § 2022. § 3049a. Courts-martial for National Guard; system—Except in Organizations in the service of the United States, court-martial in the National Guard shall be Of three kinds, namely, general Courts-martial, special Courts-martial, and summary courts-martial. They shall be Constituted like, and have cognizance of the same subjects, and possess like powers, except as to punishments, as similar courts provided for by the laws and regulations governing the Army of the United States, and the proceedings Of Courts-martial of the National Guard shall follow the forms and modes of procedure prescribed for said similar courts. (June 3, 1916, c. 134, § 102, 39 Stat. 208.) - § 3049b. Same; general courts-martial–Gen- eral Courts-martial Of the National Guard not in the service of the United States may be convened by or- ders of the President, or of the governors of the re- spective States and Territories, or by the commanding general of the National Guard of the District of Co- lumbia, and Such Courts shall have the power to im- pose fines not exceeding $200 ; to sentence to forfei- CoMP.ST.’18—26 - pay and allowances—The mi- ture of pay and allowances; to a reprimand; to dis- missal or dishonorable discharge from the service; to reduction of noncommissioned officers to the ranks; Or any two or more of such punishments may be COm- bined in the sentences imposed by such courts. (June 3, 1916, c. 134, § 103, 39 Stat. 208.) § 3049c. Same; special courts-martial—In the National Guard, not in the service of the United States, the commanding officer of each garrison, fort, post, Camp, Or Other place, brigade, regiment, detach- ed battalion, or other detached command, may ap- point Special Courts-martial for his command ; but Such special Courts-martial may in any case be ap- pointed by Superior authority when by the latter deemed desirable. Special courts-martial shall have power to try any person subject to military law, ex- cept a commissioned officer, for any crime or offense Imade punishable by the military laws of the United States, and such special courts-martial shall have the Same powers of punishment as do general courts- martial, except that fines imposed by such courts shall * º $100. (June 3, 1916, c. 134, § 104, 39 Stat. § 3049d. Same; summary courts—In the Na- tional Guard, not in the service of the United States, the Commanding officer of each garrison, fort, post, or Other place, regiment, or corps, detached battalion, COImpany, Or Other detachment of the National Guard may appoint for Such place or command a summary court to consist of one officer, who shall have power to administer oaths and to try the enlisted men of Such place or command for breaches of discipline and Violations of laws governing such organizations; and Said Court, when satisfied of the guilt of such soldier, may impose fines not exceeding $25 for any single Offense; may sentence noncommissioned officer to re- duction to the ranks; may sentence to forfeiture of pay and allowances. The proceedings of such court Shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the Army of the United States. (June 3, 1916, c. 134, § 105, 39 Stat. 208.) - § 3049e. Same; sentenees—All courts-martial of the National Guard, not in the Service of the Unit- ed States, including summary courts, shall have power to Sentence to confinement in lieu of fines authorized to be imposed: Provided, That such sentences of con- finement shall not exceed one day for each dollar of sºuthorized (June 3, 1916, c. 134, § 106, 39 Stat. § 304.9f. Same; sentences; approval—No sen- tence of dismissal from the service or dishonorable discharge, imposed by a National Guard court-martial, not in the service of the United States, shall be ex- ecuted until approved by the governor of the State or Territory concerned, or by the commanding general Of the National Guard of the District of Columbia. (June 3, 1916, c. 134, § 107, 39 Stat. 209.) - § 30499. Same; arrest; processes; sentences— In the National Guard, not in the service of the Unit- ed States, presidents of courts-martial and summary Court Officers shall have power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall have dis- obeyed an Order in writing from the convening au- thority to appear before such court, a Copy of the charge or charges having been delivered to the ac- cused with such order, and to issue subpoenas and Súbpoenas duces tecum and to enforce by attachment attendance of witnesses and the production of books and papers, and to sentence for a refusal to be sworn Or to answer as provided in actions before Civil COUrtS. . All processes and sentences of said courts shall be executed by such civil officers as may be prescribed by the laws of the several States and Territories, and in any State where no provision shall have been made for such action, and in the Territories and the Dis- § 3050 (Tit. 16 THE MILITIA IPage 402I trict of Columbia, such processes and sentences shall be executed by a United States marshal or his duly appointed deputy, and it shall be the duty of any United States marshal to execute all Such processes and sentences and make return thereof to the Officer issuing Or in posing the same. (June 3, 1916, c. 134, § 108, 39 Stat. 209.) - § 3.050. Drafting National Guard into Feder- all service; laws governizıg—The National Guard When Called as Such into the Service Of the United States shall, from the time they are required by the terms of the call to respond thereto, be subject to the laws and regulations governing the Regular Army, so far as Such laws and regulations are applicable to Officers and enlisted men Whose permanent retention in the military service, either on the active list or on the retired list, is not COntemplated by existing law. (June 3, 1916, c. 134, § 101, 39 Stat. 208.) § 3051. Šame; assignizzlexits to commands- Whenever in time of War Or public danger Or during the emergency declared in section one of this resolu- tion, two or more Officers Of the same grade are On duty in the same field, department, Or Command, Or organizations thereof, the President may assign the command of the forces of such field, department, or command, or of any organization thereof, without re- gard to Seniority of rank in the same grade. In the absence of such assignment by the President, Officers Of the same grade Shall rank and have precedence in the following Order without regard to date of rank or commission as between officers of different classes, namely : First, Officers of the Regular Army and offi- cers of the Marine Corps detached for Service with the Army by Order of the President; second, Officers of forces drafted into the military service of the United States : Provided, That Officers Of the Regular Army holding COmmissions in forces drafted into the Service of the United States shall rank and have precedence under said commissions as if they were commissioned in the Regular Army ; but the rank Of Officers Of the Regular Army under their commissions in the forces drafted into the service of the United States shall not for the purpose of this resolution be held to an- tedate muster Or draft into the service Of the United States. (July 1, 1916, c. 211, § 4, 39 Stat. 340.) § 3052. Sanae; commencement of pay—When the Imilitia is Called into the actual Service Of the United States, [or any portion of the militia is called forth under the provisions of this Act, I their pay shall COImmence from the day of their appearing at the place of Company rendezvous, but this provision shall not be construed to authorize any species of ex- penditure previous to arriving af such places of ren- dezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous. (Jan. 21, 1903, c. 196, § 11, 32 Stat. 776, amended, May 27, 1908, c. 204, § 7, 35 Stat. 401.) Text in brackets probably superseded by § 3045. § 3052a. Payment by state authorities to date of muster in—Nothing in this Act or previous Acts of Congress shall be construed to prohibit the paying of men enlisted by State authorities of any State for militia Organization for the purpose of bringing said Organization up to the minimum necessary to permit of the muster in of said organization, from the date Of Such enlistments to the date of muster in or from date of enlistment to date of rejection, after physical examination. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 624.) § 3052b. Drafting National Guard into Fed- eral service; support of families of members— The sum of $2,000,000 is hereby appropriated out of any money in the Treasury not otherwise appropriat- ed, to be expended under the direction of the Secre- tary of War, and under such rules and regulations as he may prescribe, for the support of, at a cost of riot more than $50 per month, or so much of said amount as the Secretary of War may deem necessary, and not more than such enlisted man has been con- tributing monthly to the support of his family at the time of his being called or drafted into the service of: the United States or during his enlistment period in the Regular Army at the time of such call or draft of the Organized Militia or National Guard, the family of each enlisted man of the Organized Militia or Na- tional Guard called or drafted into the service of the United States until his discharge from such service, and the family of each enlisted man of the Regular Army until his discharge from active service therein Or until the discharge of the Organized Militia Or Na- tional Guard from such service if such enlisted man is at that time in active service in the Regular Army, Which family during the term of service Of Such en- listed man has no other income, except the pay Of such enlisted man, adequate for the Support of Said family: Provided, That the action of the Secretary of War in all cases provided for in this paragraph shall be final, and no right to prosecute a suit in the Court of Claims or in any other court of the United States against the Government Of the United States Shall ac- Crue to such enlisted man, or to any member of the family of any such enlisted man, by Virtue Of the pas- Sage of this Act: And provided further, That this paragraph shall not apply to any such enlisted man who shall marry after the fifteenth day of July, nine- . teen hundred and sixteen; and the Word “family” shall include only wife, children, and dependent moth- ers. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 649.) Modified by §§ 3052c, 3052d. § 3052c. §ame; preceding section amended- The sum of $2,000,000, therein appropriated to be ex- pended under the direction of the Secretary of War for the Support of the family of each enlisted man Of the Organized Militia or National Guard, or of the Regular Army, as therein provided, shall be available to be paid. On the basis of and for time subsequent to June eighteenth, nineteen hundred and sixteen, the date of the Call by the President, and the time for which Such payment shall be made shall Correspond With the time Of Service Of the enlisted men, and pay- ment shall be made without reference to the enlisted man having enlisted before or after the Call by the President. (Sept. 8, 1916, c. 463, § 901, 39 Stat. 801.) This section was preceded by the following enacting clause: “The act approved August twenty-ninth, nineteen hundred and sixteen, being an act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, is hereby amended as follows.” § 3052d. Same; application of § 3052b–The provision in the Act of August twenty-ninth, nineteen hundred and sixteen, as amended by section nine hundred and One of the Act of September eighth, nine- teen hundred and sixteen, for the Federal support of families of enlisted men shall, with respect to enlisted Imen belonging to Organizations of the Organized Mili- tia or National Guard which entered the service of the United States under the calls of the President Of May ninth, nineteen hundred and sixteen, and June eighteenth, nineteen hundred and sixteen, and enlisted men of the Regular Army who by the provisions of Acts above cited are beneficiaries thereof only during the time the Organized Militia or National Guard COntinue in the service of the United States under Said calls, apply Only to applications stated in the form prescribed by the Secretary of War which are received in the office of the Depot Quartermaster, Washington, District of Columbia, on or before June thirtieth, nineteen hundred and seventeen. (April 17, 1917, c. 3, § 1, 40 Stat. 11.) See §§ 3052b, 3052c. § 3053. Adjutant-General; duties—There shall be appointed in each State, Territory and District of Columbia, an Adjutant-General, who shall perform such duties as may be prescribed by the laws of such State, Territory, and District, respectively, [and make returns to the Secretary of War, at such times and in such form as he shall from time to time prescribe, of the Strength Of the Organized militia, and also make such reports as may from time to time be required by the Secretary of War.] That the Secretary of War Ch. A) Ž 3057 THE MILITIA [Page 403] shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants-general of the States, Territories, and the District of Columbia, with such Observations thereon as he may deem necessary for the informa- tion of Congress. (Jan. 21, 1903, c. 196, § 12, 32 Stat. 776. 're in brackets superseded by § 3053a. § 3053a. Same—The adjutants general of the States, Territories, and the District of Columbia and the Officers of the National Guard Shall make Such returns and reports to the Secretary, of War, or to Such Officers as he may designate, at such times and in | Such form as the Secretary of War may from time to time prescribe : Provided, That the adjutants general of the Territories and of the District of Columbia shall be appointed by the President with Such rank and qualifications as he may prescribe, and each ad- jutant general for a Territory shall be a citizen of the Territory for which he is appointed. (June 3, 1916, c. 134, § 66, 39 Stat. 199.) (R. S. § 1661, amended, Feb. 12, 1887, c. 129, § 1, June 6, 1900, c. 805, and June 22, 1906, c. 3515, § 1. Super- Seded.) This section gmade a permanent appropriation for the support, etc., of the Militia. It was probably superseded by that part of § 67 of the National Defense Act of June 3, 1916, c. 134 (§ 3054). § 3054. Appropriation, apportionment, and disbursement of funds for National Guard-A Sum of money shall hereafter be appropriated annu- ally, to be paid out of any money in the Treasury not Otherwise appropriated, for the support of the Nation- al Guard, including the expense of providing arms, ordnance stores, quartermaster stores, and Camp equi- page, and all other military supplies for issue to the National Guard, and such other expenses pertaining to said guard as are now or may hereafter be author- ized by law. The appropriation provided for in this section shall be apportioned among the several States and Terri- tories under just and equitable procedure to be pre- scribed by the Secretary of War and in direct ratio to the number of enlisted men in active service in the National Guard existing in such States and Terri- tories at the date of apportionment of said appropria- , tion, and to the District of Columbia, under such reg- ulations as the President may prescribe : Provided, That the sum so apportioned among the Several States, Territories, and the District of Columbia, shall be available under such rules as may be prescribed by the Secretary of War for the actual and necessary expenses incurred by officers and enlisted men of the Regular Army when traveling on duty in Connection with the National Guard; for the transportation of supplies furnished to the National Guard for the per- manent equipment thereof; for Office rent and nec- essary office expenses of officers of the Regular Army on duty with the National Guard; for the expenses of the Militia Bureau, including clerical services, now authorized for the Division of Militia Affairs; for expenses of enlisted men of the Regular Army on du- ty with the National Guard, including quarters, fuel, light, medicines, and medical attendance; and such expenses shall constitute a charge against the Whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned to any particular State, Territory, or the District of Columbia; for the promotion of rifle practice, including the acquisi- tion, construction, maintenance, and equipment of shooting galleries and Suitable target ranges; for the hiring of horses and draft animals for the use of mounted troops, batteries, and wagons; for the same; and for such other incidental expenses in connection with lawfully authorized encampments, maneuvers, and field instruction as the Secretary of War may deem necessary, and for Such other expenses pertaining to the National Guard as are now or may for forage . hereafter be authorized by law. § 67, 39 Stat. 199.) § 3055. Annual estimates—The Secretary of War Shall cause to be estimated annually the amount Inecessary for Carrying Out the provisions of So much Of this Act as relates to the militia, and no money shall be expended under said provisions except as Shall from time to time be appropriated for carrying them Out. (June 3, 1916, c. 134, § 119, 39 Stat. 213.) § 3056. Purchase of equipment; accountabil- ity therefor—The purchase or manufacture of arms, Ordnance stores, quartermaster stores, and camp equi- page for the militia under the provisions of this Act shall be made under the direction of the Secretary of War, as such arms, Ordnance and quartermaster Stores, and camp equipage are now manufactured or OtherWise provided for the use of the Regular Army, and they shall be receipted for and shall remain the property Of the United States; and be annually ac- COunted for by the governors of the States and Ter- ritories and by the commanding general of the Nation- al Guard of the District of Columbia, for which pur- pose the Secretary of War shall prescribe and sup- ply the necessary blanks and make such regulations as he may deem necessary to protect the interests of the United States. (Feb. 12, 1887, c. 129, § 3, 24 Stat. 402, amended, June 22, 1906, c. 3515, $ 3, 34 (June 3, 1916, c. 134, Stat. 450.) § 3057. Disposition and replacement of dam- aged property—All military property issued to the National Guard as herein provided shall remain the property of the United States. Whenever any such property issued to the National Guard in any State Or Territory or the District of Columbia shall have been lost, damaged, or destroyed, or become unservice- able Or unsuitable by use in Service or from any other Cause, it shall be examined by a disinterested survey- ing officer of the Regular Army or the National Guard, detailed by the Secretary of War, and the re- port of such surveying Officer shall be forwarded to the Secretary of War, or to such officer as he shall designate to receive such reports; and if it shall ap- pear to the Secretary of War from the record Of Sur- vey that the property was lost, damaged, or destroy- .ed through unavoidable causes, he is hereby author- .ized to relieve the State or Territory or the District Of Columbia from further accountability therefor. If it shall appear that the loss, damage, or destruc- tion of property was due to carelessness or neglect, Or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged to the accountable State, Territory, or District of Co- lumbia, to be paid from State, Territory, or District funds, or any funds other than Federal. If the arti- cles SO Surveyed are found to be unserviceable or un- suitable, the Secretary of War shall direct what dis- position, by sale or otherwise, shall be made of them ; and if sold, the proceeds of such sale, as well as stop- pages against officers and enlisted men, and the net proceeds of Collections made from any person or from any State, Territory, or District to reimburse the Government for the loss, damage, or destruction of any property, shall be deposited in the Treasury of the United States as a credit to said State, Territory, or the District of Columbia, accountable for said property, and as a part of and in addition to that por- tion of its allotment set aside for the purchase of Sim- ilar supplies, stores, or material of war: Provided further, That if any State, Territory, or the District Of Columbia shall neglect or refuse to pay, or to cause to be paid, the money equivalent of any loss, damage, or destruction of property charged against such State, Territory, or the District of Columbia by the Secre- tary of War after survey by a disinterested officer ap- pointed as hereinbefore provided, the Secretary of War is hereby authorized to debar such State, Terri- tory, or the District of Columbia from further par- ticipation in any and all appropriations for the Na- ź 3058 (Tit. 16 THE MILITIA - IPage 404] f tional Guard until such payment shall have been made. (June 3, 1916, c. 134, § 87, 39 Stat. 204.) § 3058. Sale of condemned stores—The net pro- Ceeds of the Sale Of Condemned stores issued to the National Guard and not charged to State allotments shall be covered into the Treasury Of the United States, as shall also stoppages against officers and enlisted men, and the net proceeds of Collections made from any person to reimburse the Government for the IOSS, damage, Or destruction of Said property not charged against the State allotment issued for the use of the National Guard. (June 3, 1916, c. 134, § 88, 39 Stat. 205.) - + § 3059. Issue of arms to National Guard— The Secretary of War is hereby authorized to procure, under such regulations as the President may pre- scribe, by purchase or manufacture, within the limits Of available appropriations made by Congress, and to issue from time to time to the National Guard, up- On requisition of the governors of the several States and Territories Or the Commanding general Of the Na- tional Guard of the District of Columbia, such num- ber of United States service arms, with all accesso- ries, field-artillery, matériel, engineer, coast artillery, Signal, and sanitary matériel, accouterments, field uniforms, clothing, equipage, publications, and mili- tary Stores of all kinds, including public animals, as , are necessary to arm, uniform, and equip for field Service the National Guard in the Several States, Territories, and the District of Columbia : Provided, That as a Condition precedent to the issue of any property as provided for by this Act, the State, Terri- tory, Or the District of Columbia, desiring Such issue Shall make adequate provision, to the satisfaction of the Secretary of War, for the protection and care of such property: Provided further, That, whenever it shall be shown to the satisfaction of the Secretary of War that the National Guard of any State, Territory, Or the District of Columbia, is properly Organized, armed, and equipped for field Service, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the Supply departments of the Army. (June 3, 1916, c. 134, § 83, 39 Stat. 203.) § 3059a. Same; new type without charge to appropriations—-Under Such regulations as the Preš- ident may prescribe, whenever a new type of equip- ment, Small arm, Or field gun shall have been issued to the National Guard of the several States, Terri- tories, and the District of Columbia, such equipment, Small arms, and field guns, including all accessories, shall be furnished Without charging the Cost: Or Value thereof or any expense Connected thereWith against the appropriations provided for the support of the Na- tional Guard. (June 3, 1916, c. 134, § 84, 39 Stat. 204.) - § 3059b. Same; new type; return of obsolete arms—Each State, Territory, and the District of Co- lumbia shall, on the receipt of new property issued to replace obsolete Or Condemned prior issues, turn in to the War Department or otherwise dispose of, in accordance with the directions of the Secretary of War, all property so replaced or condemned, and shall not receive any money Credit therefor. (June 3, 1916, c. 134, § 85, 39 Stat. 204.) º § 3060. Same; new type of small arms—It shall be the duty of the Secretary of War, whenever a new type of Small arm shall have been adopted for the use of the Regular Army, and when a sufficient quantity of such arms shall have been manufactured to constitute, in his discretion, an adequate reserve for the armament of any regular and volunteer forces that it may be found necessary to raise in Case of war, to cause the organized militia of the United States to be furnished with small arms of the type so adopted, with bayonets and the necessary accouter- ments and equipments, including ammunition there- for: [Provided, That such issues shall be made in the manner provided in section thirteen of the Act ap- proved January twenty-first, nineteen hundred and three, entitled “An Act to promote the efficiency of the militia, and for other purposes.”] (March 2, 1907, c. 2511, 34 Stat. 1174.) - - Text in brackets probably superseded by §§ 3059a, 3059b. § 3061. Same; automatic pistols; exchange of ammunition—Whenever in his opinion a sufficient number of automatic pistols of the standard service type, holsters, and pistol-cartridge boxes therefor, shall have been procured and be available for the purpose, the Secretary of War is hereby authorized to issue, on the requisition of the governors of the sev- eral States and Territories, or Of the commanding general of the Militia of the District of Columbia, Such number of standard pistols, holsters, and pistol- . Cartridge boxes therefor as are required for arming all of the Organized Militia in said States, Territories, and District of Columbia, without charging the Cost Or Value thereof, or any expense connected there With, against the allotment to said State, Territory, or Dis- trict . Of Columbia, out of the annual appropriation [provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring pay- ment therefor, and to exchange, without receiving any money credit therefor, ammunition, or parts thereof, Suitable to the new standard pistol, round for round, for Corresponding ammunition suitable to the old re- VOlver theretofore issued to said States, Territory, or District by the United States: Provided, That the Said Standard pistols, holsters, and pistol-cartridge boxes therefor shall be receipted for and shall re- main the property of the United States and be an- nually accounted for by the governors of the States and Territories and the commanding general of the Militia of the District of Columbia as now required by law, and that each State, Territory, and District shall, On receipt of the new pistols, holsters, and pis- tol-Cartridge boxes, and ammunition, turn in to the Ordnance Department of the United States Army, Without receiving any money Credit therefor and with- Out expense for transportation, all United States re- Wolvers and ammunition therefor, holsters, and re- VOlver-cartridge boxes now in its possession. To provide means to carry into effect the foregoing provisions, the necessary money, not to exceed three hundred thousand dollars, to recover the cost of ex- changing or issuing the new pistols, ammunition therefor, holsters, and pistol-cartridge boxes to be ex- Changed Or issued hereunder, is hereby appropriated out of any moneys in the Treasury not otherwise ap- propriated. (March 3, 1911, c. 209, 36 Stat. 1057.) § 3.061a. Supplying and exchanging infantry equipment; requisitions—Whenever in the Opinion of the Secretary of War a sufficient number of In- fantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the purpose the Secretary of War is hereby authorized to issue on the requisition of the governors of the sev- eral States and Territories or the commanding gen- eral Of the District of Columbia National Guard, Such numbers thereof as are required for equipping the Na- tional Guard in said States, Territories, and the Dis- trict of Columbia, without Charging the cost Or Value thereof or any expenses connected there with, against any allotments to said States, Territories, or the Dis- trict of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually ac- Counted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbia shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and with- Out expense for transportation of Infantry equipment now in its possession, the property Of the United States, and replaced by articles Of the model of nine- Ch. A) 2 3064a THE MILITIA [Page 405] - teen hundred and ten equipment. (May 12, 1917, c. 12, 40 Stat. 68.) § 3062. Issue of field artillery material—For the purpose of manufacturing and procuring field ar- tillery material for the National Guard Of the Several States, Territories, and the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, un- der Such regulations as he may prescribe, On the req- uisitions of the governors of the Several States and Territories or the Commanding general Of the National Guard of the District of Columbia, to issue said ar- tillery material to the National Guard; and the Sum of $10,000,000 is hereby appropriated and made im- mediately available for the manufacture, procurement, and issue of the articles constituting the same. * * (May 12, 1917, c. 12, 40 Stat. 64.) § 3.06.2a. Horses for cavalry and field artillery of National Guard—Funds allotted by the Secre- tary of War for the support of the National Guard shall be available for the purchase, under such regu- lations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards for the use of Field Artillery and Cavalry of the Na- tional Guard, said horses to remain the property Of the United States and to be used solely for military purposes. - - Horses so purchased may be issued not to exceed thirty-two to any one battery or troop, under Such regulations as the Secretary of War may prescribe; ând the Secretary of War is further authorized to is- sue, in lieu of purchase, for the use of such organiza- tions, Condemned Army horses which are no longer fit for service, but which may be suitable for the purposes Of instruction, such horses to be Sold as now provided by law when said purposes shall have been served. (June 3, 1916, c. 134, § 89, 39 Stat. 205.) § 3.062b. Use of funds for forage—Funds allot- ted by the Secretary of War for the support of the TNational Guard Shall be available for the purchase and issue of forage, bedding, shoeing, and veterinary services, and supplies for the Government horses is- sued to any battery or troop, and for the Compensa- tion of competent help for the care of the material, animals, and equipment thereof, under such regula- tions as the Secretary of War may prescribe: Pro- vided, That the men to be compensated, not to exceed five for each battery or troop, shall be duly enlisted therein and shall be detailed by the battery or troop Commander, under such regulations as the Secretary of War may prescribe, and shall be paid by the United States disbursing officer in each State, Territory, and the District of Columbia. (June 3, 1916, c. 134, § 90, 39 Stat. 205.) § 3062c. Horses to remain property of United States; number issued—Arming, equipping, and training the National Guard: To provide for the pur- chase, under such regulations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards for the use of Field Artillery, Caval- ry, Signal Companies, engineer Companies, ambulance COmpanies, and Other mounted units of the National Guard, said horses to remain the property of the United States and to be used solely for military pur- poses. Horses SO purchased may be issued not to ex- Ceed thirty-two to any one battery, troop, or company, Or four to a battalion or regimental headquarters, un- der such regulations as the Secretary of War may pre- scribe. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 645.) § 3.062d. Transfer of horses and pack mules to National Guard organizations—The Secretary of War is hereby authorized to transfer to those or- ganizations of the National Guard entitled thereto Such number of horses and pack mules purchased by the Quartermaster Corps of the Army under the pro- Visions of the Act of July first, nineteen hundred and Sixteen, not required for the proper equipment of or- ganizations of the Regular Army, that can be issued to National Guard organizations under the regulations prescribed by the Secretary of War, all expenses inci- dent to such transfer to be met from appropriations made for and on behalf of the National Guard; pack mules so transferred may be issued not to exceed Six to any one radio company, machine-gun troop or Com- pany, or four to any one ambulance company, under Such regulations as the Secretary Of War may pre- scribe. (May 12, 1917, c. 12, 40 Stat. 65.) § 3.062e. Detail of enlisted men to care for matériel, etc.—To provide for the compensation of Competent help for the care of matériel, animals, and equipment thereof, under such regulations as the Sec- retary of War may prescribe: Provided, That the men to be compensated, not to exceed five for each bat- tery, troop, or company, shall be duly enlisted there- in and, shall be detailed by the battery, troop, Or COm- pany commander under such regulations as the Sec- retary of War may prescribe, and shall be paid by the United States disbursing Officer in each State, Ter- ritory, and the District of Columbia. (May 12, 1917, c. 12, 40 Stat. 65.) § 3063. Purchase of material for State coast artillery—For the purchase of material, equipment. books of instruction, range finders, and fire-Control equipment for the instruction and use of State Coast artillery organizations, * * : Provided, That in time of war, or threatened war, such equipment may, in the discretion of the Secretary of War, be with- drawn from armories or other places where it is in use by the State coast artillery Organizations, and may be used in the fortifications Of the United States. (March 23, 1910, c. 115, 36 Stat. 261.) § 3064. Inspections of National Guard—The Secretary of War shall cause an inspection to be made at least Once each year by inspectors general, and if necessary by other officers, of the Regular Ar- my, detailed by him for that purpose, to determine whether the amount and Condition of the property in the hands of the National Guard is satisfactory; whether the National Guard is Organized as hereinbe- fore prescribed ; whether the officers and enlisted men possess the physical and other qualifications prescrib- ed; whether the Organization and the Officers and en- listed men thereof are sufficiently armed, uniformed, equipped, and being trained and instructed for active duty in the field or coast defense, and whether the records are being kept in accordance with the require- ments of this Act. The reports of such inspections shall Serve as the basis for deciding as to the issue to and retention by the National Guard of the military property provided for by this Act, and for determin- ing what organizations and individuals shall be con- sidered as constituting parts of the National Guard within the meaning of this Act. (June 3, 1916, c. 134, § 93, 39 Stat. 206.) § 3.064a. Property and disbursing officers—The governor of each State and Territory and the Com- Imanding general of the National Guard of the Dis- trict of Columbia shall appoint, designate, or detail, Subject to the approval of the Secretary of War, an officer of the National Guard of the State, Territory, or District of Columbia who shall be regarded as property and disbursing officer for the United States. He shall receipt and account for all funds and prop- erty belonging to the United States in possession of the National Guard of his State, Territory, or District, and shall make such returns arid reports Concerning the same as may be required by the Secretary of War. The Secretary of War is authorized, on the requisition of the governor of a State or Territory or the com- manding general of the National Guard of the Dis- trict of Columbia, to pay to the property and disburs- ing Officer thereof so much of its allotment Out Of the annual appropriation for the Support of the Na- tional Guard as shall, in the judgment of the Secre- tary of War, be necessary for the purposes enumer- ated therein. He shall render, through the War De- partment, Such accounts of Federal funds intrusted 3 306.4b (Tit. 16 THE MILITIA [Page 406] to him for disbursement as may be required by the Treasury Department. Before entering upon the per- formance of his duties as property and disbursing of- ficer he shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by the Secretary of War, for the faithful performance of his duties and for the safe-keeping and proper disposition of the Federal property and funds intrusted to his care. He shall, after having qualified as property and disbursing officer, receive pay for his services at a rate to be fixed by the Secretary of War, and Such Compensation shall be a charge against the Whole sum annually appropriated for the support of the National Guard: Provided, That when traveling in the performance Of his Official duties under Orders issued by the proper authorities he shall be reimburs- ed for his actual necessary traveling expenses, the sum to be made a charge against the allotment of the State, Territory, Or District of Columbia: Provided further, That the Secretary of War shall cause an inspection . Of the accounts and records Of the property and dis- bursing Officer to be made by an inspector general Of the Army at least Once each year: And provided fur- ther, That the Secretary of War is empowered to make all rules and regulations necessary to Carry into effect the provisions of this section. (June 3, 1916, c. 134, § 67, 39 Stat. 200.) § 306.4b. Noncompliance with federal act— Whenever any State shall, within a limit of time to be fixed by the President, have failed or refused to comply with Or enforce any requirement of this Act, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of War, the National Guard Of Such State shall be debarred, wholly or in part, as the President may direct, from receiving from the United States any pecuniary or Other aid, benefit, or privilege authorized or provided by this Act Or any other law. (June 3, 1916, c. 134, § 116, 39 Stat. 212.) - § 3065. Bonds of officers of organized militia —Officers of the organized militia who may hereafter be furnished, under proper authority, with funds for the purchase of coffee, , or other components of the travel ration for the use Of their respective COm- mands, shall not be required to furnish bonds for the safekeeping and disbursement of the same. (May 11, 1908, c. 163, 35 Stat. 117.) * § 3066. Encampments and maneuvers—Under such regulations as the President may prescribe the Secretary of . War is authorized to provide for the participation of the whole or any part of the Nation- al Guard in encampments, maneuVers, Or Other ex- ercises, including Outdoor target practice, for field or coast-defense instruction, either independently Or in conjunction with any part of the Regular Army, and there may be set aside from the funds appropriated for that purpose and allotted to any State, Territory, or the District of Columbia, such portion of said funds as may be necessary for the payment, sub- sistence, transportation, and Other proper expenses Of Such portion of the National Guard of Such State, Territory, or the District of Columbia as shall partici- pate in such encampments, maneuvers, or other exer- cises, including outdoor target practice, for field and Coast-defense instruction ; and the Officers and en- listed men of such National Guard while so engaged shall be entitled to the same pay, Subsistence, and transportation as Officers and enlisted men of cor- responding grades of the Regular Army are Or here- after may be entitled by law. (June 3, 1916, c. 134, § 94, 39 Stat. 206.) § 3066a. Same; command when participating with United States—When any part of the National Guard participates in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction at a United States military post, or reservation, or elsewhere, if in con- junction with troops of the United States, the com- mand of such military post or reservation and of the officers and troops of the United States on duty there Or elsewhere shall remain with the commander of the United States troops without regard to the rank. Of the Commanding or other officer Óf the National Guard temporarily engaged in the encampments, maneuvers, Or other exercises. (June 3, 1916, c. 134, § 95, 39 Stat. 207.) § 3066b. Instruction camps—Under such regula- tions as the President may prescribe the Secretary of War may provide camps for the instruction of officers and enlisted men of the National Guard. Such camps shall be conducted by officers of the Regular Army detailed by the Secretary of War foil that purpose, and may be located either within Or without the State, Territory, or District of Columbia to which the members of the National Guard designated to attend Said Camps shall belong. Officers and enlisted men at- tending Such camps shall be entitled to pay and trans- portation, and enlisted Imen to subsistence in addition, at the Same rates as for encampments or maneuvers for field or coast-defense instruction. (June 3, 1916, c. 134, § 97, 39 Stat. 207.) § 3066c. Same; reduced rates by carriers-- Hereafter nothing in the Act of February fourth, eighteen hundred and eighty-seven, known as the Act to regulate Commerce, or any amendments thereto, Shall be COnstrued to prohibit any Common carrier from giving reduced rates for members of National Guard Organizations traveling to and from joint en- Campments with the Regular Army. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 646.) Interstate Commerce Act, see §§ 8563–8604. § 3067. Same; pay—When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor tar- get practice, for field or Coast-defense instruction, un- der the provisions of this Act, it may, after being duly mustered, be paid at any time after such muster for the period from the date of leaving the home rendez- VOus to date Of return thereto as determined in ad- vance, both dates inclusive; and such payment, if otherwise correct, shall pass to the credit of the dis- bursing Officer making the same. (June 3, 1916, C. 134, § 98, 39 Stat. 207.) . - § 3068. National Guard officers and men at service schools—Under such regulations as the Presi- dent may prescribe, the Secretary of War may, upon the recommendation of the governor of any State or Territory Or the COImmanding general Of the National Guard of the District of Columbia, authorize a limited number of Selected Officers Or enlisted men of the National Guard to attend and pursue a regular COUrse Of study at any military Service School of the United States, except the United States Military Academy; or to be attached to an Organization of the same arm, Corps, Or department to which Such Officer Ór enlisted Iman shall belong, for routine practical instruction at or near an Army post during a period of field training Or Other Outdoor exercises; and Such Officer Or en- listed man shall receive, Out of any National Guard allotment of funds available for the purpose, the same travel allowances and quarters, or commutation of quarters, and the same pay, allowances, and sub- Sistence to Which an Officer or enlisted man Of the Regular Army would be entitled for attending such school, College, Or practical course of instruction un- der orders from proper military authority, while in actual attendance at such school, College, or practical Course of instruction : Provided, That in no case shall the pay and allowances authorized by this section ex- ceed those of a captain. (June 3, 1916, c. 134, § 99, 39 Stat. 207.) - . - § 3069. Purchase of stores and supplies—Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for Cash from the War Department for the use of the National Guard, including the officers thereof, any stores, supplies, material of war, and military publi- cations furnished to the Army, in addition to those Ch. A) 3 3071b THE MILITIA [Page 407I issued under the provisions of this Act, at the price at which they shall be listed to the Army, with COSt. of transportation added. The funds received from such sale shall be Credited to the appropriation to which they shall belong, shall not be covered into the Treasury, and shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized: ProVided, That Stores, supplies, and matériel of war so purchased by a State, Territory, or the District of Columbia may, in time of actual or threatened war, be requisitioned by the United States for use in the military service thereof, and when so requisitioned by the United States and delivered credit for the ultimate return of Such prop- erty in kind shall be allowed to such State, Territory, or the District of Columbia. (June 3, 1916, c. 134, § 86, 39 Stat. 204.) § 3070. Sale of rifles for rifle clubs—The Sec- retary of War is hereby authorized to sell, at the prices at which they are listed for the Army, upon the request of the governors of the several States and Territories, such magazine rifles belonging to the United States as are not mecessary for the equipment of the Army and the organized militia, for the use of rifle clubs formed under regulations prepared by thé Inational board for the promotion of rifle practice and approved by the Secretary of War. (March 3, 1905, c. 1416, § 1, 33 Stat. 986.) § 3.07.0a. Issue of rifles, to rifle clubs and mil- itary schools—The Secretary of War is hereby all- thorized to issue, without expense to the United States, for use in target practice, United States maga- zine rifles and appendages therefor not of the exist- ing service model and not necessary for the mainte- nance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice, to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice and to Schools having a uniformed corps of Cadets and Carrying On military training, in sufficient number for the COn- duct of proper target practice. Issues of public prop- erty under this provision shall be made in COmpliance with regulations prescribed by the Secretary Of War insuring the designed use of the property issued, pro- viding against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other require- ments as he may consider necessary adequately to safeguard the interests of the United States. (April 27, 1914, c. 72, 38 Stat. 370.) § 3.07 ob. Rifle ranges—The Secretary of War shall annually submit to Congress recommendations and estimates for the establishment and maintenance of indoor and Outdoor rifle ranges, under Such a COm- prehensive plan as will ultimately result in providing adequate facilities for rifle practice in all sections of the country. And that all ranges so established and all ranges which may have already been constructed, in whole or in part, with funds provided by Congress shall be open for use by those in any branch of the military or naval service of the United States and by all able-bodied males Capable of bearing arms, under reasonable regulations to be prescribed by the Con- trolling authorities and approved by the Secretary of War. That the President may detail capable Offi- cers and noncommissioned officers of the Regular Ar- my and National Guard to duty at Such ranges as in- structors for the purpose of training the citizenry in the use of the military arm. Where rifle ranges shall have been so established and instructors assigned to duty thereat, the Secretary of War shall be author- ized to provide for the issue of a reasonable number of standard military rifles and such quantities of am- munition as may be available for use in conducting such rifle practice. (June 3, 1916, c. 134, § 113, 39 Stat. 21.1.) § 3070c. Director of Civilian Marksmanship- That the President be, and he is hereby, authorized, in his discretion, to appoint, as Director of Civilian Marksmanship, under the direction of the Secretary of War, an officer of the Army or of the Marine Corps. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 648.) § 3071. Rifle clubs, sale of ammunition for use of—The Secretary of War is hereby authorized in his discretion to Sell to the Several States and Territo- ries, [as prescribed in Section seventeen of the Act approved January twenty-first, nineteen hundred and three, for the use of said clubs, ammunition, ordnance Stores, and equipments of the Government standard at the prices at which they are listed for the Army. The practice of the rifle clubs herein provided shall be carried on in conformity to regulations prescribed by the national board for the promotion of rifle prac- tice, approved by the Secretary of War, and the results thereof shall be filed in the Office of the Mili- tary Secretary-Of the Army. (March 3, 1905, c. 1416, § 2, 33 Stat. 987.) . Text in brackets superseded by § 3069. § 3071a. Same; issue of materials to—The Sec- retary of War is hereby authorized to issue, under such rules and regulations as he may prescribe, for use in target practice, targets, target materials, and other necessary accessories, to rifle clubs organized Under the rules Of the National Board for the Promo- tion of Rifle Practice and to schools having a uniform- ed corps of cadets and carrying on military training, in sufficient number for the proper conduct Of target practice. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 643.) § 3071aa. Same; detail of enlisted men, as instructors—The Secretary of War, in his discretion, and under such regulations as he may prescribe, may authorize the detail of enlisted men of the Army as temporary instructors in rifle practice to organized rifle clubs requesting such instruction. (May 12, 1917, c. 12, 40 Stat. 64.) § 3071b. Training camps; training and in- struction—The Secretary of War is hereby author- ized to maintain, upon military reservations Or else- where, camps for the military instruction and train- ing of such citizens as may be selected for Such in- struction and training, upon their application and un- der such terms of enlistment and regulations as may be prescribed by the Secretary of War; to use, for the purpose of maintaining said camps and imparting military instruction and training thereat, Such arms, ammunition, accouterments, equipments, tentage, field equipage, and transportation belonging to the United States as he may deem necessary; to furnish, at the expense of the United States, uniforms, subsistence, transportation by the most usual and direct route within such limits as to territory as the Secretary of War may prescribe, and medical Supplies to perSons receiving instruction at said camps during the period of their attendance thereat, to authorize Such expendi- tures, from proper Army appropriations, as he may deem necessary for water, fuel, light, temporary Struc- tures, not including quarters for officers nor barracks for men, screening, and damages resulting from field exercises, and other expenses incidental to the main- tenance of said camps, and the theoretical winter in- struction in connection there with ; and to sell to per- sons receiving instruction at said camps, for Cash and at cost price plus ten per centum, quartermaster and Ordnance property, the amount of Such property sold to any one person to be limited to that Which is re- quired for his proper equipment. All moneys arising from such sales shall remain available throughout the fiscal year following that in which the Sales are made, for the purpose of that appropriation from which the property sold was authorized to be supplied at the time of the sale. The Secretary of War is author- ized further to prescribe the courses of theoretical and practical instruction to be pursued by persons attend- ing the Camps authorized by this Section; to fix the periods during which such camps shall be maintain- 3. 3071c. (Tit. 16 THE MILITIA [Page 408] ed; to prescribe rules and regulations for the govern- ment thereof; and to employ thereat Officers and en- listed men of the Regular Army in such numbers and upon such duties as he may designate. (June 3, 1916, c. 134, § 54, 39 Stat. 194.) § 307 ic. of maintaining, upon military reservations or else- where, camps for the military instruction and train- ing of such citizens physically capable of bearing arms as may be selected under such regulations as may be prescribed by the Secretary of War, and for furnish- ing said citizens, at the expense of the United States, uniforms, subsistence, transportation by the most usual and direct route within said limits as to terri- tory as may be prescribed ; for such expenditures as may be deemed necessary for water, fuel, light, tem- porary structures, not including quarters for officers nor barracks for men, screening, and damages result- ing from field exercises, and other expenses incidental to maintaining said camps and the theoretical Winter instruction in connection there with, including text- books and stationery; for furnishing such equipments, tentage, field equipage, and transportation belonging to the United States as may be deemed necessary as authorized by section fifty-four of the Act. Of Congress approved June third, nineteen hundred and sixteen, $3,281,000: Provided, That the Secretary of War is hereby authorized out of this appropriation to pay to persons designated by him for training as Officers in the Army during the period of their training the sum of not to exceed $100 per month in addition to the al- Iowances authorized by said section fifty-four: Pro- vided, That they shall agree to accept appointment in the Officers' Reserve Corps in such grade as may be tendered by the Secretary Of War. Provided further, That so much of section fifty-four Of the Act Of June third, nineteen hundred and six- teen, entitled “An Act for making further and more effectual provision for the national defense, and for Other purposes,” as relates to the transportation of citizens who, conformably to such regulations as the Secretary of War may prescribe, attend training camps be, and the same is hereby amended so as to provide that said Citizens shall be paid as traveling allowances three and One-half cents per mile for the distance by the shortest usually traveled route from the places from which they are authorized to proceed to the camp and for the return travel thereto: Provided fur- ther, That the payment of travel pay for the return journey may be made in advance of the actual per- formance of travel. (May 12, 1917, c. 12, 40 Stat. 69.) § 3G72. Training of National Guard—Each Com- parly, troop, battery, and detachment in the National Guard shall assemble for drill and instruction, includ- ing indoor target practice, not less than forty-eight times each year, and shall, in addition thereto, par- ticipate in encampments, maneuvers, or other exer- Cises, including outdoor target practice, at least fifteen days in training each year, including target practice, unless Such Company, troop, battery, or detachiy, ent shall have been excused from participation in any part thereof by the Secretary of War: Provided, That cred- it for an assembly for drill or for indoor target prac- tice Shall not be given unless the number of Officers and enlisted men present for duty at such assembly Shall equal Or eXceed a minimum to be prescribed by the President, nor unless the period of actual military duty and instruction participated in by each officer and enlisted man at each such assembly at which he shall be Credited as having been present shall be of at least One and One-half, hours’ duration and the character of training such as may be prescribed by the Secretary of War. Stat. 206.) § 3.07.2a. Same; camps—To provide for the par- ticipation of the whole or any part of the National Guard. in encampments, maneuvers, or other exercises, including outdoor target practice and field and coast (June 3, 1916, c. 134, § 92, 39 defense instruction, either independently or in con- Same; pay; mileage—For the expense junction with any part of the Regular Army, and there may be set aside from the funds apportioned for that purpose and allotted to any State, Territory, Or the District of Columbia such portion of said funds aS may be necessary for the payment, subsistence, transportation, and other proper expenses of such por- tion of the National Guard of said State, Territory, Or the District of Columbia as shall participate in Such enCampments, maneuvers, or Other exercises, includ- ing outdoor target practice and field and coast de- fense instruction ; and the Officers and enlisted men of Such National Guard while so engaged shall be en- titled to the same pay, subsistence, and transporta- tion as officers and enlisted men of corresponding grades of the Regular Army are or hereafter may be entitled to by law. To provide for camps of instruc- tion for the instruction of officers and enlisted men of the National Guard. Such camps shall be conducted by officers of the Regular Army detailed by the Sec- retary of War for the purpose, and may be located either within or without the State, Territory, or Dis- trict Of Columbia to which the members Of the Na- tional Guard designated to attend said Camps shall belong. Officers and enlisted men attending such Camps shall be entitled to pay and transportation and enlisted men to Subsistence in addition at the Same rates as for encampments Or maneuvers for field and Coast defense instruction. (May 12, 1917, c. 12, 40 Stat. 66.) - § 30.72%. Same; attendanace at school or at- taehment to organization of Regular Army—To provide for the attendance of selected Officers or en- listed men of the National Guard who pursue a reg- ular Course Of study at any military service school of the United States except the United States Military Academy; or to be attached to an organization of the same arm, corps, or department to which such officers or enlisted men shall belong, for routine practical in- Struction at or near an Army post during a period of field training or other outdoor exercises; and such officers or enlisted men shall receive out of any Na- tional Guard allotment of funds available for the pur- pose, the same travel allowances and quarters or com- Imutation of quarters, and the same pay, allowance, and subsistence to which officers or enlisted men of the Regular Army would be entitled for attending such school, college, or practical course of instruction under orders from proper military authority while in actual attendance at such school, college, or practical course of instruction: Provided, That in no case shall the pay and allowances authorized herein exceed those of a captain, $150,000. (May 12, 1917, c. 12, 40 Stat. 67.) - § 3.07.2e. Sale of land purchased for target ranges—When any land Which has been heretofore or may be hereafter acquired by purchase for a target range for the use of the National Guard of any State, Territory, or the District of Columbia, shall have be- Come useless or shall be found to be unavailable for such purpose, the Secretary of War may cause the same to be sold either in whole or in two or more parts as he may deem best for the interests of the United States. In the disposal of such property, the Secretary of War shall cause the same to be apprais- ed either as a whole Or in two or more tracts, having due reference to the requirements of any permanent improvements made thereon; and he shall cause the property to be offered at public or private sale at not less than the appraised Value. The expenses for ad- vertising, appraisement, Survey, and Sale shall be paid from the proceeds of the sale; and the net proceeds thereof shall be placed to the credit of the State, Ter- ritory, or District of Columbia, as additional to its allotment under section sixty-seven of the Act of June third, nineteen hundred and sixteen. (May 12, 1917, c. 12, 40 Stat. 67.) - § 3073. Detail of Army officers to attend en- campments—[Upon the application Of the governor of any State or Territory furnished with material of Ch. A) § 3078 | THE MILITIA [Page 409 I War under the provisions Of this Act or former laws Of Congress, the Secretary of War may detail One or more officers Of the Army to attend any encampment Of the Organized militia, and to give such instruction and information to the officers and men assembled in Such Camp as may be requested by the governor.] Such Officer or officers shall immediately make a re- port of such encampment to the Secretary of War, Who shall furnish a copy thereof to the governor of the State or Territory. (Jan. 21, 1903, c. 196, § 19, 32 Stat. 778.) - - Text in brackets probably superseded by § 3073a. § 3073a. Army personnel and maneuvers—The Secretary of War may detail One or more officers and enlisted men of the Regular Army to attend any encampment, maneuver, or other exercise for field or coast-defense instruction of the National Guard, who shall give such instruction and information to the officers and men assembled for Such encampment, maneuver, or other exercise as may be directed by the Secretary of War or requested by the governor or by the commanding officer of the Na- tional Guard there on duty. (June 3, 1916, c. 134, § 96, 39 Stat. 207.) § 3074. Army officers for duty with National Guard—The Secretary of War shall detail officers of the active list of the Army to duty with the National Guard in each State, Territory, or District of Colum- bia, and officers so detailed may accept commissions in the National Guard, with the permission of the Presi- dent and terminable in his discretion, with Out Vacat- ing their commissions in the Regular Army Or being prejudiced in their relative or lineal standing therein. The Secretary of War may, upon like application, detail one or more enlisted men of the Regular Army With each State, Territory, or District of Columbia for duty in connection with the National Guard. But nothing in this section shall be so construed as to pre- vent the detail of retired officers as now provided by law. (June 3, 1916, c. 134, § 100, 39 Stat. 208.) § 3074a. Sergeants for duty with National Guard—For the purpose of assisting in the instruction of the personnel and care of property in the hands of the National Guard the Secretary of War is authoriz- ed to detail from the Infantry, Cavalry, Field Artil- lery, Corps of Engineers, Coast Artillery Corps, Medi- cal Department, and Signal Corps of the Regular Army not to exceed one thousand Sergeants for duty. with corresponding organizations of the National Guard and not to exceed one hundred Sergeants for duty with the disciplinary organizations at the United States Disciplinary Barracks, who shall be additional to the sergeants authorized by this Act for the Corps, companies, troops, batteries, and detachments from which they may be detailed. (June 3, 1916, C. 134, § 36, 39 Stat. 189.) - § 3074aa. Offices for inspector instructors— Whenever practicable inspector-instructors shall use the State armories or Other public buildingS for Of- fices. (May 12, 1917, c. 12, 40 Stat. 68.) § 3074b. Militia Bureau of War Department —The National Militia Board Created by Section eleven Of the Act of May tWenty-Seventh, nineteen hundred and eight, amending Section twenty of the Act of January twenty-first, nineteen hundred and three, shall, from the date. Of the approval of this Act, be abolished. The Militia Division now existing in the War Department shall hereafter be known as the Militia Bureau of said department, shall, Iike other bureaus of said department, be under the immediate §upervision of the Secretary of War, and shall not form a part of any other bureau, office, or other organ- |Zation, but the Chief of the Militia Bureau shall be ex officio a member of the General Staff Corps: Pro- for exican priments Vided, That the President may, in his discretion, as- Sign to duty in the Militia Bureau as assistants to the Chief thereof not to exceed one colonel and one lieuten- ant Colonel of the National Guard, for terms of four years, and any such officer while so assigned shall, sub- ject to Such regulations as the President may pre- Scribe, receive out of the whole fund appropriated for the Support of the militia the pay and allowances of a Regular Army officer having the same rank and length of service as said National Guard officer, whose prior Service in the Organized Militia shall be counted in ascertaining his rights under this proviso. (June 3, 1916, c. 134, § 81, 39 Stat. 203.) § 3075. Ammunition for instruction in firing —The troops of the militia encamped at any military post or camp of the United States may be furnished Such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Sec- retary of War, and such instruction in firing shall be Carried. On under the direction of an Officer Selected for that purpose by the proper military commander. (Jan. 21, 1903, c. 196, § 21, 32 Stat. 779.) § 3076. Pensions—When any officer, noncommis- sioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the Service Of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, noncom- missioned officer, or private dies in the service of the United States or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. (Jan. 21, 1903, c. 196, § 22, 32 Stat. 779.) See Title LVII. § 3.076a. Same; National Guard drafted into service in time of war—When any officer or enlisted man of the National Guard drafted into the Service Of the United States in time of war is disabled by reason of wounds or disability received or incurred while in the active service of the United States in time of war, he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in Case Such officer or enlisted man dies in the active Serv- ice of the United States in time of War Or in returning to his place of residence after being mustered out of such service, or at any other time in consequence of wounds or disabilities received in Such active Service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. (June 3, 1916, C. 134, § 112, 39 Stat. 21.1.) - § 3076b. Same—The provisions of section one hundred and twelve Of the national defense Act Of June third, nineteen hundred and sixteen, shall be applicable to any officer or enlisted man drafted into the Service of the United States pursuant to the provi- sions of this joint resolution. (July 1, 1916, c. 211, § 2, 39 Stat. 340.) § 3.077. Filling vacancies when drafted into federal service—All Vacancies OCCurring in any grade of Commissioned officers in any Organization in the military service of the United States and composed of persons drafted from the National Guard under the provisions of this, Act shall be filled by the President, as far as practicable, by the appointment Of persons Similarly taken from Said guard, and in the manner prescribed by law for filling similar vacancies occur- ring in the volunteer forces. (June 3, 1916, c. 134, § 76, 39 Stat. 202.) * § 3078. [Superseded.] This section (Act Aug. 3, 1894, c. 192, 28 Stat. 219), re- lating to loans of vessels for instruction of Naval Militia, was superseded by § 3078a, (13). ź 3078a (1) (Tit. 16 THE MILITIA [Page 410] Chapter B–Naval Militia and Na- Sec. tional Naval Volunteers 3078a. Naval Militia. & (1) Part of organized militia, to constitute. (2) Composition; age limit. (3) Period of enlistment; re-enlistment. (4) Organization; arms and equipment. (5) Officers. - * (6) Same; assignments to particular duties. (7) Discipline. - (8) Retainer pay of officers. , (9) Same; enlisted men. (10) Same; payment before qualification. (11) Same; computation. (12) Same; mode of payment. - (13) Loan of vessels and stores; ship keepers. (14) Issue or exchange of arms or uniforms. (15) Responsibility for property issued. (16) Accounting officers; appointment. (17) Same; accounts; bonds. (18) Same; expenses. (19) Appropriation for issue of stores. (20) Participation by State in allotment out of an- nual appropriation. (21) Pºgation in cruises or maneuvers of Regular avy. (22) Detail of officers for inspection. (23) Detail of officers or enlisted men of Navy. (24) Ammunition for instruction in firing. (25) Oil for vessels of Volunteer Patrol Squadrons. (26) Government employees attending drills or CPUIS eS. +. (27) Attending Navy or Marine Corps Service School; attachment to Navy or Marine Corps com- Imand. - (28) Inspection and report. ' (29) Traveling expenses of disbursing officers. (30) Board of Officers for Consultation with Secretary of the Navy. (31) Adjutant-General; returns and reports. (32) Call into service in event of war. (33) Same; period of service. (34) Same; muster without further enlistment. - (35) Same; Navy regulations and articles to govern. (36) Same; pay and allowances. (37) Same; commencement of pay. (38) Same; pensions. (39) Courts-martial. (40) General courts-martial. (41) Summary courts-martial. (42) Decla courts. (43) Jurisdiction and procedure of courts-martial and deck Courts. (44) Place of holding courts. (45) POWers of punishment of general courts-martial. (46) Powers of summary courts-martial. (47) Powers of deck courts. (48) Sentence. w (49) Dismissal or dishonorable discharge. (50) Arrests; subpoenas and attachments. (51) Execution of processes and sentences. (52) Collection of fines. (53) Disposition of fines. (54) Courts of inquiry. . (55) NO disbandment without consent of President. (56) Annual estimates. (57) Expenditures; appropriations. 3078b. National Naval Volunteers. (1) Volunteers from Naval Militia. (2) Draft of Naval Militia. (3) Period of service; failure to obey call. (4) Subject to Navy regulations. (5) Relief from Naval Militia duty. (6) Commissions in Navy or reserve or volunteer Inaval force. (7) Service within or without United States. (8) Promotions and rewards. r (9) [Repealed.] (10) Resignation and discharge. (11) Relief from active service. (12) Pensions. § 3078a. Naval Militia. (1) Part of organiz- ed militia, to constitute—Of the Organized Militia as provided for by law such part of the same as may be duly prescribed in each State, Territory, and for the District of Columbia Shall constitute a Naval Mili- tia. (Feb. 16, 1914, c. 21, § 1, 38 Stat. 283.) (2) Composition; age limit—The Naval Militia shall consist Of the regularly enlisted militia between the ages of eighteen and forty-five years, organized as prescribed for the Naval Militia by law, and com- missioned officers between the ages of twenty-one and sixty-two years (naval branch), and twenty-one and Sixty-four years (Marine Corps branch): Provided, however, That enlisted men may continue in service after the age of forty-five years, and until the age of Sixty-two years (naval branch), or sixty-four years (Marine Corps branch), provided the service is contin uous. (Aug. 29, 1916, c. 417, 39 Stat. 597.) - (3) Period of enlistment; re-enlistment—Here- after the period of enlistment in the Naval Militia shall be three years. An enlisted man who has served honorably for the full term of his enlistment may reenlist for a term of one, two, or three years, as he may elect. When a man reenlists within thirty days from the date of the expiration of his prior enlistment his term of Service shall be considered as COntinuous, and shall be so dated. (Aug. 29, 1916, c. 417, 39 Stat. 597.) (4) Organization; arms and equipment–On and after three years from the date of the passage of this Act the organization of the Naval Militia shall be units of convenient size, in each of which the number and ranks Of Officers and the distribution of the total enlisted strength among the several ratings of petty Officers and other enlisted men shall be established by the Secretary of the Navy, who shall also establish the number of officers and the number of petty Officers and other enlisted men required for the Organization of such units into larger bodies for administrative and other purposes, and the arms and equipment of the Naval Militia of the several States, Territories, and the District of Columbia shall be the same as, Or the equivalent of, that which is now or may hereafter be prescribed for the landing forces of the vessels of the United States Navy, and such other and additional arms, armament, and equipment, including vessels and stores, supplies, and equipment of all kinds for the repairing, maintenance, and Operation of the Same, as the Secretary of the Navy may from time to time pre- scribe for the training of the Naval Militia in duties afloat. (Feb. 16, 1914, c. 21, § 2, 38 Stat. 283.) - (5) Officers—Officers of the United States Navy and Marine Corps may, with the approval of the Secretary of the Navy, be elected or appointed and Commissioned as officers of the Naval Militia without prejudice to their position or status in the regular Service: Pro- vided, That such officers so commissioned shall, when directed by the Secretary of the Navy, tender their resignations of such State commissions: And provided further, That nothing herein contained shall limit the authority of the Secretary of the Navy over Such officers so commissioned. (Aug. 29, 1916, c. 417, 89 Stat. 599.) (6) Same; assignments to particular duties- Line officers of the Naval Militia may be for line du- ties only, for engineering duties Only, or for aero- nautic duties only. (Aug. 29, 1916, c. 417, 39 Stat. 600.) - (7) Discipline—The Naval Militia shall be sub ject to the system of discipline prescribed for the United States Navy and Marine Corps, and the COm- manding officer of a Naval Militia battalion or brigade, and the Naval Militia officer in command of Naval Militia forces on shore or on any vessel Of the Navy loaned to the States, Territories, and the District of Columbia, or On any vessel. On which Such forces are training, shall have the power, without trial by courts- martial, to impose upon members of the Naval Mili- tia the punishments which the commanding Officer of a vessel of the Navy is authorized by law to impose. (Aug. 29, 1916, c. 417, 39 Stat. 599.) r (8) Retainer pay of officers—Each commissioned and warrant Officer on the active list of the Naval Militia shall receive compensation for his Services, re- ferred to hereinafter as retainer pay, except during periods of service for which he may become lawfully entitled to the same pay as an Officer Of Correspond- ing grade of the United States Navy or Marine Corps, at the following rates per annum, namely: To officers of or above the naval rank or equiva- lent rank of lieutenant, $500; - To Officers of the naval rank or equivalent rank of lieutenant (junior grade), $240; Ch; B) § 3078a (14) THE MILITIA IPage 411] To officers of the naval rank or equivalent rank of ensign, $200; To warrant officers, $120 : Provided, That no commissioned or warrant officer of the Naval Militia shall be entitled to any retainer pay for any period during which he has not attended the minimum number of drills prescribed in Section fifteen of an Act entitled “An Act to promote the effi- ciency of the Naval Militia, and for other purposes,” approved February sixteenth, nineteen hundred and fourteen, or equivalent official duty duly authorized in lieu thereof in accordance with Such regulations as may be issued by the Secretary of the Navy. 29, 1916, c. 417, 39 Stat. 593.) (9) Same; enlisted men—Each enlisted man On the active list Of the Naval Militia. Shall receive COm- pensation for his services, referred to hereinafter as retainer pay, except during periods of Service for which he may become lawfully entitled to the same pay as an enlisted man of corresponding rate or rank Of the United States Navy or Marine Corps; at a rate equal to twenty-five per centum of the base pay now, or as may be hereafter, provided by law for an enlist- ed man of corresponding rate or rank in the United States Navy or Marine Corps, but not to exceed $120. per annum : Provided, That such enlisted man Shall receive the full retainer pay represented by said twenty-five per centum of said base pay only if he shall have attended, during any one year, the maxi- mum number of assemblies for drill, instruction, and target practice, but for the purpose of Computing pay not to exceed forty-eight (or equivalent official duty), which he shall have been duly required to attend, and a proportionate amount for attendance at a les- ser number of the same, being in no Case leSS than fifty per centum of said maximum, nor less than the minimum total number of assemblies for drill, in- struction, and target practice provided for by Section fifteen of an Act entitled “An act to promote the effi- Ciency of the Naval Militia, and for other purposes,” approved February sixteenth, nineteen hundred and fourteen, or duly authorized equivalent Official duty. (Aug. 29, 1916, c. 417, 39 Stat. 593.) (10) Same; payment before qualification—No member of the Naval Militia shall be entitled to the retainer pay herein provided for until he has been found qualified, both physically and professionally, in accordance with the standard prescribed by the Sec- retary of the Navy, and until he has enrolled in the National Naval Volunteers hereinafter provided for. (Aug. 29, 1916, c. 417, 39 Stat. 594.) (ii) Same; computation—The Compensation pro- vided for herein shall be computed for quarterly pe- riods under such regulations as the Secretary of the Navy may prescribe, beginning the first days of Jan- uary, April, July, and October, respectively, of each year, in proportion to the number of said assemblies attended, and no compensation shall be paid to any enlisted man during the first Semiannual period. Of any year unless he shall have attended during said period at least fifty per Centum Of Said minimum of assemblies ; but attendance at any lesser number Of said assemblies during said period shall be reckoned with the said assemblies attended during the second, third, and fourth quarterly periods in Computing the compensation, if any, due him for that year: Pro- vided, That when any enlisted man enters into an enlistment he shall be entitled to proportional COm- pensation for that year if during the remainder of the year he shall attend a number of said assemblies whose ratio to said minimum is not less than the ra- tio of the part of the year SO Served to the Whole year; and when the enlistment of any man shall ex- pire the compensation, if any, to which he may be en- titled shall be determined in like manner: And pro- vided further, That periods of any actual military duty equivalent to the assemblies hereinabove par- ticularly referred to, except those periods of service for which, under existing or future laws, members of (Aug.: the Naval Militia may become entitled to the same pay as officers and enlisted men of the corresponding ranks, grades, or rates in the United States Navy and Marine Corps, may be accepted as service in lieu of such drills, when approved by the Secretary of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 594.) (12) Same; mode of payment—The retainer pay provided above shall be paid quarterly, except as Oth- erwise above provided, to officers and enlisted men of the Naval Militia through the disbursing Officer pro- vided for under section eleven Of an ACt to promote the efficiency of the Naval Militia, and for other pur- poses, approved February sixteenth, nineteen hun- dred and fourteen, who shall be an Officer of the pay Corps of the Naval Militia. The secretary of the Na- Vy is hereby authorized to pay to such disbursing officer so much of the amount appropriated to Carry out the provisions of this Act as shall be necessary for the above purposes. (Aug. 29, 1916, c. 417, 39 Stat. 594.) (13) Loan of vessels and stores; shipkeepers– And the Secretary of the Navy is hereby authorized, in his discretion, to issue from time to time to the governors of the several States and Territories and to the commanding general District 6f Columbia Militia, or to the other proper State, Territorial, and District authorities, respectively, as a loan, Vessels and such stores, supplies, and equipment of all kinds as may be necessary for the maintenance and Opera- tion of said vessels, and may detail to Said Vessels Such number of Officers and enlisted men as he may deem desirable for duty as ship keepers: Provided, that such enlisted men shall be in addition to the number now or hereafter allowed by law for the reg- ular Naval Establishment. (Feb. 16, 1914, C. 21, § 2, 38 Stat. 283.) * (14) Issue or exchange of arms, or uniforms- The Secretary of the Navy is hereby authorized to procure, by purchase or manufacture, and issue from time to time to the Naval Militia such number of United States service or other arms, accessories, a C- couterments, equipment, uniforms, Clothing, equipage, and military and naval stores of all kinds, under such regulations as he may prescribe, as are necessary to arm, uniform, and equip all of the Naval Militia in the several States, Territories, and the District Of Columbia in accordance with the requirements Of this Act without charging the cost or value thereof Or any expense connected therewith against the allotment of Such State, Territory, or District made from the an- nual appropriation provided for the arming and equipping of the Naval Militia in the annual appro- priation for the Navy, or in any other general ap- propriation for the Naval Militia that may hereafter be made, or without requiring payment therefor, and to issue from time to time ammunition Suitable for such arms as the Naval Militia of the several States, Territories, and the District of Columbia may be equipped with, and to exchange Said arms, accesso- ries, accouterments, equipment, equipage, stores, and ammunition when the same shall have become Obso- lete, without receiving any money credit therefor, for Other arms, accessories, acCOuterments, equipment, eq- uipage, stores, and ammunition suitable for the Naval Militia: Provided, That said property shall remain the property of the United States, and be annually accounted for by the governor or other proper Offi- cer of the States, Territories, and the commanding general District of Columbia Militia : Provided fur- ther, That each State, Territory, and the District of Columbia shall, when, and as required by the Secre- tary of the Navy, turn in to the Navy Department, or otherwise dispose of, in accordance With the direction of the Secretary of the Navy, without receiving any money credit therefor, and without expense for trans- portation or otherwise, such or all property thereto- fore issued under the provisions of this Act. To pro- vide means to carry into effect the provisions of this section, the necessary money to cover the cost of pro- ź 3078ā (15) (Tit. 16 THE MILITIA [Page 412] Curing, exchanging, or issuing of arms, accessories, accouterments, equipment, uniforms, Clothing, equi- page, ammunition, and military and naval stores to be exchanged or issued hereunder is hereby appro- priated out of any money in the Treasury not other- wise appropriated: Provided, That the sum expend- ed in the execution of the purchases and issues pro- Vided for in this section shall not exceed the Sum Of $200,000 in any fiscal year: And provided further, That the Secretary of the Navy shall annually sub- mit to Congress a report of expenditures made by him in the GXecution of the requirements Of this Sec. tion. (Feb. 16, 1914, c. 21, § 10, 38 Stat. 285.) (15) Responsibility for property issued—Offi- cers and enlisted men of the Naval Militia to whom property has been issued as herein provided for shall be responsible for the safe-keeping and return thereof. Stoppages may be made against the compensation pay- able to any officer or enlisted man of the Naval Militia to Cover the cost of public property lost or destroyed by and chargeable to such officer or enlisted man. (Aug. 29, 1916, c. 417, 39 Stat. 595.) (16) Accounting officers; appointment—The governor of each State and Territory, and the com- Imanding general of the District of Columbia Militia, Shall appoint either the above-described disbursing officer or such other officer of the pay corps of the Na- Val Militia as he may elect as accounting officer for each battalion thereof, or, at his option, for each larger unit or combination of units of the same, who shall be responsible for the proper accounting for all property belonging to the United States issued to and for the use Of Such battalion, or larger unit or Com- bination of units. (Aug. 29, 1916, c. 417, 39 Stat. 595.) (17) Same; accounts; bornds—Accounting officers shall render accounts as prescribed by the Secretary Of the Navy and shall be required to give good and Sufficient bonds to the United States in such sums as the Secretary of the Navy may direct, conditioned upon the faithful accounting for all property belong- ing to the United States and for the safe-keeping of such part thereof as may be in the personal custody of such officer. Accounting officers may issue any or all Such property to other officers or enlisted men Of the Naval Militia under Such rules and regulations as may be prescribed : And provided further, That the Secretary of the Navy shall cause an inspection of the accounts arid records of the accounting Officers to be made by an Officer of the Navy at least Once each year. (Aug. 29, 1916, c. 417, 39 Stat. 595.) (18) Sarme; expenses—When accounting Officers are traveling in the performance of their Official du- ties under orders issued by the Secretary of the Navy they shall be reimbursed for their actual and neces- sary traveling expenses, the same to be made a Charge against the appropriation “Arming and equipping Na- val Militia.” (Aug. 29, 1916, c. 417, 39 Stat. 595.) (19) Appropriation for issue of stores—The annual appropriation made by Congress for arming and equipping the Naval Militia in the annual ap- propriation for the Navy shall be available for the purpose of providing for issue to the Naval Militia any stores and Supplies or publications which are sup- plied to the Navy by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of the Navy, purchase for Cash from the Navy Department, for the use of its Naval Militia, stores, supplies, material of war, or military publications, such as are furnished to the Navy in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Navy, with the cost of transportation added, and funds received from such sales shall be credited to the appropriation to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace there with the Sup- plies sold to the States and Territories and to the District of Columbia in the manner herein provided. (Feb. 16, 1914, c. 21, § 14, 38 Stat. 287.) (20) Participation by State, in allotment out of annual appropriation—Each State or Territory or the District of Columbia furnished with material Of War under the provisions of this or former Acts Of Congress shall, during the year next preceding each annual allotment of funds, in order to participate in Such annual allotment of funds, have required every ship's company, engineer's, navigator's, and other di- Visions, or units, of its Naval Militia not excused by the governor of said State or Territory, or the Com- manding general District Of Columbia Militia, for rea- SOnS satisfactory to the Secretary of the Navy, to participate during at least five consecutive days in Such form of military or naval exercise as may have been prescribed by the Secretary of the Navy, and in default of such prescribing by the Secretary of the Navy, then in some form of Naval Militia exercise during at least five Consecutive days to be prescribed by the governor of the said State or Territory, or the COmmanding Officer of the District of Columbia Naval Militia, and shall also have required said divisions to assemble for drill and instruction at armories or Other places of rendezvous or for target practice not leSS than twenty-four times, and shall have required during such year an inspection of each of said divi- Sions or units, to be made by an officer of said Naval Militia, or by an officer of the State service, or by an Officer of the Regular Navy. (Feb. 16, 1914, c. 21, § 15, 38 Stat. 288.) (21) Participation in cruises or maneuvers of Regular Navy—The Secretary of the Navy is author- ized, in his discretion, to provide for participation by any part of the Naval Militia of any State or Terri- tory Or the District of Columbia. On the request Of the governor of said State Or Territory or the command- ing general of the militia of said District, in any Cruise, maneuvers, field instruction, or encampment of any part of the Regular Navy, afloat or on shore. In such case the Naval Militia so participating shall, if so requested by the governor Or Commanding gen- eral and allowed by the Secretary of the Navy, re- ceive the same pay, subsistence, and transportation as is provided by law for the officers and men. Of the Regular Navy, and no part of the sums appropriated for the Support of the Regular Navy shall be used to pay any part of the expenses of the Naval Militia of any State, Territory, or the District of Columbia while engaged in such cruise, maneuvers, field in- struction, or joint encampment of the Regular Navy and Naval Militia, but no payments to the Naval Militia under the provisions of this section and no al- lowances for mileage shall be made from appropria- tions made for the Navy, but shall be made Solely from the sums appropriated for such cruise, maneu- vers, field instruction, or for the Naval Militia : Pro- vided, That officers of the Regular Navy in command of vessels upon which Naval Militia may be embark- ed, or in cómmand of camps, navy yards, Or Other places in which Naval Militia may be encamped or be, shall remain in command of said vessels, Camps, navy yards, or other places, as aforesaid, irrespective Of the rank of the Commanding or other Officers of the Naval Militia. On board Said VeSSels Or Within Said places: Provided further, That said commanding of- ficers of the Regular Navy may, in the exercise of their discretion, place upon any duty to which his rank or rating would entitle him if he were of the same rank or rating in the Regular Navy, or duty of a lower grade, any officer, petty officer, or enlisted man of the Naval Militia so under his Command as aforesaid, and may temporarily or permanently re- lieve from duty SO imposed such officer, petty Officer, or enlisted man ; and in making details to COImmand and duty, and relieving from command and duty as aforesaid, said commanding officer shall be held to the exercise of a reasonable discretion Only, and for the purposes of this section it is to be presumed that a member of the Naval Militia is competent to be de- tailed for any duty to which his rank would entitle Ch. B) ź 3078a (30). THE MIT,ITIA IPage 413] him until the contrary be apparent to such command- ing Officer: And provided further, That any officer or petty officer or enlisted man of the Naval Militia. placed on duty as aforesaid Or detailed to duty On a vessel assigned to the Naval Militia shall have, dur- ing the time that he is on duty, all authority Over all persons inferior to himself in rank or equivalent rank necessary for the purpose of carrying Out the duty upon which he has been so detailed. (Feb. 16, 1914, c. 21, § 12, 38 Stat. 286.) (22) Detail of officers for inspection—The Sec- retary of the Navy is hereby authorized and empow- ered, upon the request of the governor of any State or Territory, or of the commanding general District of Columbia Militia, having an organized Naval Mili- tia, to detail an officer or officers to inspect, instruct, and examine such Naval Militia at such times and places as may be appointed by any Of Said governors or commanding general, and may, upon his OWn mo- tion, also detail Officers for the purpose of formulat- ing standard regulations for the organization, disci- pline, training, armament, and equipment of said Na- val Militia, and for the professional examination of the officers, petty officers and men composing the same, with a view to producing uniformity among the Naval Militia. Of the various States and assimilating them to the standard of the United States Navy. (Feb. 16, 1914, c. 21, § 16, 38 Stat. 288.) (23) —Upon the application of the governor of any State or Territory, or of the commanding general District of Columbia Militia, furnished with material of War under the provisions of this Act or former laws Of Congress, the Secretary of the Navy may, in his dis- Cretion, detail one or more officers or enlisted men Of the Navy to report to the governor of such State Or Territory, or to the commanding general of the DiS- trict of Columbia Militia, for duty in connection with the Naval Militia. All such assignments may be re- voked at the request of the governor of such State Or Territory, the commanding general of the District of Columbia Militia, or at the pleasure of the Secretary of the Navy. (Feb. 16, 1914, c. 21, § 17, 38 Stat. 288.) (24) Ammunition for instruction in firing- The Naval Militia embarked upon any vessel Of the Navy, or other vessel, or encamped at any military post or camp of the United States, may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Sec- retary of the Navy, and such instruction in firing Shall be carried On. Under the direction. Of an Officer Selected for that purpose by the Secretary of the Navy. (Feb. 16, 1914, c. 21, § 18, 38 Stat. 289.) (25) Oil for vessels of Volunteer Patrol Squadrons—The Secretary of the Navy is hereby au- thorized to sell at cost and issue lubricating oil and fuel to vessels of the Volunteer Patrol Squadrons duly enrolled in the Several naval districts; and that dur- ing maneuvers or practice drills, when any of the vessels of Said Patrol Boat Squadrons shall be act- ing singly or as squadrons under the direct Commandº Or control of an Officer Or Officers Of the United States Navy, fuel shall be supplied to them free of charge. (Aug. 29, 1916, c. 417, 39 Stat. 600, amended, March 4, 1917, c. 180, 39 Stat. 1172.) (26) Government employees attending drills or cruises—Whenever a member of the naval Militia who is employed under a department of the Govern- ment Of the United States attends drills, Cruises, Or other ordered duty of the Naval Militia, he shall re- ceive the amount of the salary or wages he would have earned when SO employed, in addition to the amount provided for by law as a member of the said Naval Militia: Provided, however, That such at- tendance shall not affect his efficiency rating in Said department, nor shall he suffer demotion or loss Of position during or at the termination of any naval Or military service when Ordered upon special Or active Detail of officers or enlisted men of Navy | §§ of any kind. (Aug. 29, 1916, c. 417, 39 Stat. 594. - (27) Attending Navy or Marine Corps Service School; attachment to Navy or Marine Corps command—Under such regulations as the President may prescribe, the Secretary Of the Navy may, upon the recommendation Of the governor of any State Or Territory, or the commanding general of the Na- tional Guard Of the District. Of Columbia, authorize a limited number of Selected Officers Or enlisted men Of the Naval Militia to attend and pursue a regular Course of study at any Navy Or Marine Corps Serv- ice School of the United States, except the United States Naval Academy ; Or to be attached to any Navy or Marine Corps command for routine practical instruction ; and Such Officer or enlisted man Shall receive, out of any Naval Militia allotment of funds available for the purpose, the same travel allowances and quarters, or commutation of quarters, and the same pay, allowances, and subsistence to Which an Officer or enlisted man of the naval service Would be entitled for attending such school, college, Or practical course of instruction under orders from proper naval authority, while in actual attendance at such School, college, or practical course of instruction: Provided, That in no case shall the pay and allowances author- 1zed by this section exceed those of a lieutenant in the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 600.) (28) Inspection and report—When it shall ap- pear by the report of inspections, which it shall be the duty of the Secretary of the Navy to cause to be made at least once in each year by officers detailed by him for that purpose, that the Naval Militia Of a State, or Territory, or of the District of Columbia is sufficiently armed, uniformed, and equipped for a C- tive duty, the Secretary of the Navy is authorized, in his discretion, on the requisition of the governor Of Such State or Territory or of the commanding general District of Columbia, Militia, to pay to Such officer as may be properly designated and appointed by said governor or commanding general so much. Of its allotment from the annual appropriation for arm- ing and equipping the Naval Militia in the annual appropriation for the Navy as shall be necessary for the payment, subsistence, and transportation of Such portion of said Naval Militia as shall engage in actual service or instruction afloat or on shore; and the Officers and men Of Such Naval Militia. While SO en- gaged may be paid therefrom the same pay, Subsist- ence, and transportation or travel allowance as Of- ficers and men. Of corresponding grades of the Reg- ular Navy are or may hereafter be entitled to by law, and the Officer so designated and appointed shall be regarded as a disbursing Officer of the United States and Shall render his accounts through the Navy De- partment to the proper accounting officer of the Treas- ury for settlement, and he shall be required to give good and sufficient bonds to the United States, in Such sums as the Secretary Of the Navy may direct, faithfully to account for the safekeeping and pay- ment of the public moneys so intrusted to him for dis- bursement. (Feb. 16, 1914, c. 21, § 11, 38 Stat. 286.) (29) Traveling expenses of disbursing officers— When disbursing Officers are traveling in the perform- ance Of their Official duties under Orders iSSued by the Secretary of the Navy they shall be reimbursed for their actual and necessary traveling expenses, the same to be made a charge against the appropria- tion “arming and equipping Naval Militia.” (Aug. 29, 1916, c. 417, 39 Stat. 594.) (30) Board of Officers for Consultation with Secretary of the Navy—The Secretary. Of the Navy is hereby authorized to appoint a board of five officers of the Naval Militia, which shall from time to time as the Secretary of the Navy may direct, proceed to Washington, District of Columbia, for consultation with the Navy Department, respecting the condition, status, and needs of the whole body of the Naval Mi- litia. Such officers shall be appointed for a term of 3. 8078a (30) (Tit. 16 THE MILITIA [Page 414] four years, unless sooner relieved by the Secretary of the Navy. - The actual and necessary traveling expenses of the members of such board, together with a per diem to be established by the Secretary of the Navy, Shall be paid to the members of the board. The expenses here: in authorized, together with the necessary clerical and office expenses of the division of Naval Militia affairs in the office of the Secretary of the Navy, Shall Con- stitute a charge against the whole Sum annually ap- propriated under the appropriation for the arming and equipping of the Naval Militia in the annual ap- propriation for the Navy, and shall be paid therefrom, and not from the allotment duly apportioned to any particular State, Territory, or the District of Colum- bia ; and a statement of such expenses shall be Sub- mitted to Congress by the Secretary of the Navy in connection with his annual report. (Feb. 16, 1914, C. 21, § 17, 38 Stat. 288.) (31) Adjutant-General; returns and reports- The adjutant general of each State, Territory, or the District of Columbia, or such other person, board, or bureau as may be provided by the laws of Such State, Territory, or the District of Columbia to perform for the Naval Militia the duties Ordinarily performed by such adjutant general, shall make returns to the Sec- retary of the Navy, at such times and in Such form as the Secretary of the Navy shall, from time to time prescribe, of the strength of the Naval Militia, and also make such reports as may from time to time be required by the Secretary of the Navy. [That] the Secretary of the Navy shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants general, Or of such person, board, or bureau of the States, Terri- tories, and the District of Columbia, With Such Ob- servations thereon as he may deem necessary for the information of Congress. (Feb. 16, 1914, c. 21, § 9, 38 Stat. 285.) - (32) Call into service in event of war-In the event of war, actual or threatened, with any foreign nation involving danger of invasion, or of rebellion against the authority of the Government of the Unit- ed States, or whenever the President is, in his judg- ment, unable with the regular forces at his command to execute the laws of the United States, it shall be lawful for the President to call forth such number of the Naval Militia of a State or of the States, or Ter- ritories, or of the District of Columbia, as he may deem necessary to repel such invasion, Suppress Such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the gov- ernor of the respective State or Territory, or through the Commanding officer of the Naval Militia of the District Of Columbia, from which State, Territory, or District such Naval Militia may be called, to such Of- ficers of the Naval Militia as he may think proper. (Feb. 16, 1914, c. 21, § 3, 38 Stat. 284.) (33) Sarºne; period of service—Whenever the President calls forth all or any part of the Naval Mi- litia of any State, Territory, or of the District of Co- lumbia, to be employed in the service of the United States, he may specify in his call the period for which such service is required, and the Naval Militia. So called shall continue to serve during the term so speci- fied, either Within Or With Out the territory Of the United States, unless Sooner relieved by Order of the President: the call of the President, the period shall be held to mean the existence of the emergency, of which the President shall be the sole judge: And provided fur- ther, That no commissioned officer or enlisted man Of the Naval Militia shall be held to service beyond the term of his existing Commission or enlistment: Pro- vided further, That when the military needs of the Federal Government, arising from the necessity to ex- ecute the laws of the United States, suppress insur- rection, or repel invasion, can not be met by the reg- ular forces, the Naval Militia qualified as herein pro- Provided, That if no period be stated in vided and any existing Naval Reserve now or here- after organized shall be "called into the service of the United States in advance of any volunteer naval force which it may then be determined to raise: And pro- vided further, That nothing herein contained shall prevent the Secretary of the Navy, when vessels are purchased or otherwise acquired by the United States for a war, from manning such vessels by all or part of the officers and men then serving on said vessels. (Feb. 16, 1914, c. 21, § 4, 38 Stat. 284.) (34) Same; muster without further enlist- ment—Every officer and enlisted man of the Naval Militia who shall be called forth in the manner here- inbefore prescribed shall be mustered for service with- out further appointment or enlistment, and Without further professional examination previous to such muster, except for those States and Territories and the District of Columbia, if the case may so be, Which have not adopted a standard of professional and phys- ical examination prescribed by the Secretary Of the Navy for the Naval Militia, and whose officers and petty Officers shall not have been examined and found qualified in accordance there with by boards of officers which shall be appointed by said Secretary: Provid- ed, however, That any officer or enlisted man of the Naval Militia so qualified who shall refuse or neglect to present himself for such muster upon being called forth as herein prescribed, shall be subject to trial by court-martial and shall be punished as such court- martial may direct: And provided further, That Naval Militia Officers mustered as such into the Serv- ice of the United States under the provisions of this Act shall rank with but after officers of the Regular Navy in the same grade and rank; except that for the purpose of determining who shall exercise Com- mand Over a combined force, COmposed of vessels COm- manded by Naval Militia officers and of vessels Com- manded by officers of the Navy acting in conjunction, all Officers of the Naval Militia of or above the rank of lieutenant commander will be regarded as junior to lieutenant commanders of the Navy. (Feb. 16, 1914, c. 21, § 5, 38 Stat. 284. Act Oct. 6, 1917, c. 93, 40 Stat. 394.) (35) Same; Navy regulations and articles to govern—The Naval Militia, when called into the serv- ice Of the United States, shall be governed by the Navy regulations and the articles for the government of the Navy. (Feb. 16, 1914, c. 21, § 6, 38 Stat. 285.) (36) Same; pay and allowances—The Naval Mi- litia, when called into the service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Navy. (Feb. 16, 1914, c. 21, § 7, 38 Stat. 285.) (37) Same; commencement of pay—When the Naval Militia is called into the Service Of the United States, or any portion of the Naval Militia is called forth under the provisions of this Act, their pay shall commence from the day of their reporting in obedience to such call at their local ship, armory, or quarters; but this provision shall not be construed to authorize any species of expenditure previous to arriving at Such places which is not provided by existing laws to be paid after their arrival at such places. (Feb. 16, 1914, c. 21, § 8, 38 Stat. 285.) (38) Same; pensions—When any officer, petty offi- Cer, or enlisted man Of the Naval Militia is disabled by reason. Of WOunds Or disabilities received Or in- Curred in the naval service of the United States in time Of War he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in Case Such officer, petty Officer, or enlisted man dies in the naval service of the United States in time of war, Or in returning to his place of residence after being mustered out of such naval service, or at any time in COnsequence of WOunds or disabilities receiv- •ed in such naval service in time of war, his widow and children, if any, shall be entitled to all the Ch. B) & 3078a (55) THE MILITIA IPage 4151 benefits of such pension laws. (Feb. 16, 1914, c. 21, § 19, 38 Stat. 289.) •º (39) Courts-martial—Courts-martial in the Naval Militia. Of the several States and Territories and in the District of Columbia shall, except when the Naval Militia shall have been called into the service of the United States, consist of general courts-martial, sum- mary Courts-martial, and deck courts. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (40) General courts-martial—General courts- martial shall COnsist Of not less than three nor more than thirteen officers, and may be convened by order of the governor of a State or Territory, or the com- manding general of the District of Columbia Militia. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (41) Summary courts-martial–Summary Courts- martial may be ordered by the governor of a State, or Territory or by the commanding general of the District of Columbia Militia, or by the commanding officer of a Naval Militia battalion or brigade. (Aug. 29, 1916, c. 417, 39 Stat. 598.) . (42) Deck courts—Deck courts may be Ordered by the commanding officer of a Naval Militia battalion or brigade, or by a Naval Militia officer in command of Naval Militia forces on shore or on any vessel loaned to a State, Territory, or the District of Columbia, or On any vessel on which said forces may be serving. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (43\ Jurisdiction and procedure of courts-mar- tial and deck courts—The above courts-martial and deck courts herein provided for shall be constituted and have cognizance of the same subjects and possess like powers, except as to punishments, as similar courts provided for in the Navy of the United States, and the proceedings of courts-martial of the Naval Militia shall follow the forms and modes of procedure prescribed for such courts in the Navy of the United States. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (44) Place of holding courts—Every precept Or order for the convening of any such court may au- thorize said court to sit at any place or places within the territorial limits of the State, Territory, or Dis- trict where such Naval Militia may be located, or organized, as the convening authority may designate, and may further provide that any such court may be convened and sit on board any such naval or other vessel, wherever the same may from time to time happen to be, or at such place or places ashore, out- side the territorial limits referred to above, as, in the judgment of the said convening authority, may be convenient or desirable for the purposes of such courts-martial. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (45) Powers of punishment of general courts- martial—General Courts-martial shall have power to impose fines not exceeding $200, to sentence to forfei- ture of pay and allowances, to a reprimand, to dis- missal or dishonorable discharge from the Service, to reduction in rank Or rating; or any two or more of such punishments may be combined in the sentences imposed by such courts. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (46) Powers of summary courts-martial—Sum- mary Courts-martial shall have the same powers of punishment as general Courts-martial, except that fines imposed by summary courts-martial shall not exceed $100. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (47) Powers of deck courts—Deck courts may im- pose fines not exceeding $50 for any single offense, may sentence enlisted men to reduction in rank or rating, to forfeiture of pay and allowances, to a repri- mand, to discharge with other than dishonorable dis- Charge, Or to a fine in addition to any one of the other sentences specified. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (48) Sentence—All courts-martial of the Naval Militia, including deck Courts, shall have the power to sentence to confinement in lieu of fines authorized to be imposed: Provided, That such sentences shall not exceed One day for each dollar of fine authorized. (Aug. 29, 1916, c. 417, 39 Stat. 598.) - (49) Dismissal or dishonorable discharge-NO sentence of dismissal or dishonorable discharge from the Naval Militia shall, except when the Naval Militia shall have been called into the service of the United States, be executed without the approval of the gov- ernor of the State or Territory or the Commanding general of the District of Columbia Militia. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (50) Arrests; subpoenas and attachments— Presidents of general courts-martial, senior members Of Summary Courts-martial, and deck-court officers of the Naval Militia shall have the power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons have disobeyed an order in writing from the convening au- thority to appear before such court, a copy of the Charge or charges having been delivered to the accus- ed With Such Order, and to issue subpoenas and Sub- p0°nas duces tecum, and to enforce by attachment at- tendance of witnesses and the production of books and papers, and to Sentence for a refusal to be SWOrn Or to answer, all as authorized for Similar proceedingS for courts-martial in the Navy of the United States. (Aug. 29, 1916, c. 417, 39 Stat. 598.) (51) Execution of processes and sentences—All- processes and sentences of Said Courts-martial shall be executed by such civil or other Officers as may be prescribed by the laws of the Several States and Ter- ritories, except as hereinafter alternatively provided, and in any State where no provisions have been made for such action and in the Territories and the Dis- trict of Columbia the same shall be executed by a United States marshal, or by his duly appointed deputy, and it shall further be the duty in any case of any United States marshal, when so required by the Convening authority of any such court-martial, to execute all such processes and sentences and make return thereof to the officer issuing or imposing the same. (Aug. 29, 1916, c. 417, 39 Stat. 599.) (52) Collection of fines—The amount of any fine imposed under sentence Of the Courts heretofore nam- ed on any member of the Naval Militia may be col- lected from him, or may be deducted from any amount due said member as accrued pay or retainer pay under the provisions of this Act, or otherwise. (Aug. 29, 1916, c. 417, 39 Stat. 599.) (53) Disposition of fines—All fines assessed un- der the provisions of this Act and Collected Or with- held shall be paid to the commanding officer of the Naval Militia brigade, battalion, or separate unassign- ed unit Of which the person against whom such fine shall have been assessed is a member, to be used by said Commanding officer to replace lost or dam- aged property or for such other purposes of his Naval Militia organization as he may decide, sub- ject to such regulations as may be prescribed by the Secretary of the Navy. Upon the receipt of a certificate from the authority convening the court as to any fine assessed by it, any United States disburs- ing officer concerned shall pay over any funds due the said member not exceeding the amount of such fine to said commanding officer upon the sole receipt of said commanding officer. (Aug. 29, 1916, c. 417, 39 Stat. 599.) (54) Courts of inquiry—Courts of inquiry in the Naval Militia shall be instituted, constituted, and con- ducted in the same manner and shall have like powers and duties as similar Courts in the Navy Of the United States, except that in the Naval Militia Courts of inquiry shall be Ordered by the governor Of the State or Territory, the Commanding general Of the District of Columbia Militia, or the commanding offi- cer of a Naval Militia brigade or battalion. (Aug. 29, 1916, c. 417, 39 Stat. 599.) - (55) No disbandment without consent of Presi- dent—No part of the Naval Militia which is entitled to compensation under the provisions of this Act & 3078a (56) (Tit. 16 THE MILITIA [Page 416] Shall be disbanded without the consent of the Presi- dent. (Aug. 29, 1916, c. 417, 39 Stat. 595.) (56) Annual estimates—The Secretary of the Navy shall cause to be estimated annually the amount necessary for carrying out the provisions of this Act, and no money shall be expended under said provi- SiOnS, except as shall, from time to time, be appro- priated for carrying them out. 39 Stat. 600.) (57) Expenditures; appropriations—All expen- ditures authorized to be paid by the Secretary of the Navy under the provisions of this Act shall be paid out of the $200,000 appropriated in section ten of this Act, except such additional expenditures as may be authorized by the annual naval appropriation Act. (Feb. 16, 1914, c. 21, § 20, 38 Stat. 289.) - § 3078b. National Navai Volunteers. (1) Volunteers from Naval Militia—To provide a force for use in any emergency, including that of actual or imminent war, requiring the use of naval forces in addition to those of the Regular Navy, of which emer- gency the President shall be, for the purposes of this Act, the sole judge, there is hereby created a force, to be known as the “National Naval Volunteers,” into which the President alone is authorized, under Such regulations as he may prescribe, to at any time enroll, by commission, warrant, and enlistment, respectively, and without examination, such number of the Officers and men of the various branches of the Naval Militia as he may decide to so enroll from among those of the Naval Militia who have theretofore conformed to the standard of professional and physical examina- tion prescribed for such officers and men under Sec- tion five of an Act entitled “An Act to promote the ef- ficiency of the Naval Militia, and for other purposes,” approved February sixteenth, nineteen hundred and fourteen, and who may volunteer for such enrollment; and may also similarly enroll, immediately upon the occurrence of any such emergency (subject to their first or subsequently passing examinations satisfac- tory to him, or may, if he shall think best, enroll with- out any examination), such further number Of the officers and men of the Naval Militia as may SO VOl- unteer from among those of the Naval Militia who have not theretofore conformed to said standards. Such officers"and men, so enrolled by Commission, War- rant, or enlistment, shall be eligible and liable for call for immediate service in the event of any Such emergency. (Aug. 29, 1916, c. 417, 39 Stat. 595.) (2) Draft of Naval Militia—The President may also, in the event of such emergency, draft into the naval Service of the United States and enroll as mem- bers of the said Volunteers as many Officers and men of the Naval Militia as he may think best, and with or without examination, as he may decide, from among those of the Naval Militia who shall not there- tofore have volunteered and been enrolled in said Volunteers: Provided, That no commissioned or War- rant officer drafted or otherwise enrolled shall be compelled to serve in said Volunteers in a lower rank or grade than that which he held in the Naval Militia at the time of being drafted or otherwise enrolled: Provided further, That the President may commission, warrant, or rate in said Volunteers any person who shall be so enrolled as above. (Aug. 29, 1916, c. 417, 39 Stat. 596.) - (3) Period of service; failure to obey call—All persons so enrolled shall be held to service in said Volunteers during the continuance of any such emer- gency and during the period of any existing or there- after ensuing war, unless SOOmer relieved by Order of the President or until reaching the age of sixty- two years for those in the naval branch and the age of sixty-four years for those in the Marine Corps branch, upon attaining which ages Such persons, re- spectively, shall be relieved from such enrollment: Provided, That during the continuance of any such emergency or war any enrolled person who shall fail to obey the call to service of the President may be (Aug. 29, 1916, c. 417, arrested and compelled to serve, and, in addition thereto, may be tried by court-martial as a deserter and punished as such in such manner as Said Court- martial may lawfully direct. (Aug. 29, 1916, c. 417, 39 Stat. 596.) (4) Subject to Navy regulations—When the Na- tional Naval Volunteers are ordered by the President into the active Service they will, from the date SU Ch orders are issued until such time as they may be discharged from such service, be subject to the laws for the government of the Navy in so far as those laws may properly be applied to persons not in the regular permanent naval service. (Aug. 29, 1916, C. 4.17, 39 Stat. 596.) (5) Relief from Naval Militia duty—Every per- son enrolled in said Volunteers shall, from the date of the call of the President, and during the continu- ance of his active service under said call, Stand re- lieved from all duty as a member of the Naval Militia, and shall, during said period, have in said Volunteel's all the authority and obligatiohs of a person of simi- lar rank, grade, or rate in the United States Navy or Marine Corps, shall be governed by the laws and regulations for the government of the Navy, and shall, during his time of active service be entitled to the same pay and allowances as are, or may be here- after, provided by law for a person Of similar rank, grade, or rate in the United States Navy and Marine Corps, respectively. (Aug. 29, 1916, c. 417, 39 Stat. 596.) (6) Commissions in Navy or reserve or volun- teer naval force—For the purpose of Securing a list of persons especially qualified to hold commissions in the Navy or in any reserve or volunteer naval force which may hereafter be called for and organized un- der the authority of Congress, other than a force COm- posed of Organized Naval Militia, the Secretary of the Navy is authorized from time to time to convene examining boards at suitable and convenient places in different parts of the United States, who shall ex- amine as to their qualifications for naval duties all applicants who shall have served in the Regular Navy Of the United States Or in the Organized Naval Mili- tia of any State or Territory or the District of Colum- bia. Such examination Shall be under rules and regul- lations prescribed by the Secretary of the Navy. The record of previous service of the applicant shall be considered as part of the examination. Those appli- cants who pass such examinations shall be certified as to their fitness for naval duties and rank, and shall, subject to a physical examination at any time, con- stitute an eligible class for Commissions, pursuant to such certification, in any volunteer naval force here- after called for and Organized under the authority Of Congress other than a force composed of Organized Naval Militia ; and the President is hereby further authorized, upon the outbreak of war, or when, in his Opinion, war is imminent, to commission in the regu- lar Navy for the exigency of such war such of the persons whose names have been certified as above pro- vided as he may select: Provided, That no one shall be commissioned to a higher rank than the rank for which he may have been recommended by Said ex- amining board: And provided further, That the Pres- ident may also commission or warrant as of the high- est rank formerly held by him or the present equiva- Ient of such former rank in case the nomenclature or SOrme Of the Specific duties of the Same may have been changed, any person who having been formerly a Com- missioned or warrant officer of the United States Navy shall have been honorably discharged from the Service: And provided further, That perSOns may be commissioned in the Navy for engineer duties Only, and for all line duties other than engineer duties, and when so commissioned shall have the full rank, pay, precedence, and so forth, of the line grade for which they are commissioned. (Feb. 16, 1914, c. 21, § 21, 38 Stat. 283.) Tit. 16A). 3 3078%aa SOLDIERS AND SAILORS CIVIL RELIEF [Page 417] (7) Service within or without United States- The members of the said Volunteers may be ordered to duty with the Navy or separately, and either within or without the territorial limits of the United States, and when so serving shall rank with but after those of corresponding rank, grades, or rates in the United States Navy or Marine Corps, except that for the purpose of determining. who shall exercise command over a combined force, composed of vessels command- ed by officers of Said Volunteers, and of vessels Com- manded by officers of the United States Navy, acting in conjunction, and for the purpose of determining who shall exercise command on shore over a COmbin- ed force composed of military units commanded by Officers of said Volunteers and Officers of the United States Navy or Marine Corps, acting in conjunction, all officers of said Volunteers of or above the rank of lieutenant commander (naval branch) or major (Ma- rine Corps branch) will be regarded as junior to lieu- tenant Commanders Of the Navy and majors Of the |United States Marine Corps, respectively, and pro- Vided that as between themselves Officers of the said Volunteers shall take rank and precedence as of the dates of the Commissions in the Naval Militia under which enrolled in said Volunteers. (Aug. 29, 1916, c. 4.17, 39 Stat. 596.) - (8) Promotions and rewards—No distinction Shall be made between the regular naval service and the National Naval Volunteers when in active service under the call of the President, in respect to pro- Imotions or rewards for Valorous conduct, or to the Conferring upon officers or enlisted men of brevet rank, medals of honor, or other rewards for distin- guished conduct. (Aug. 29, 1916, c. 417, 39 Stat. 597.) (9) [Repealed.] This paragraph, relating to officers of Volunteers serving on courts-martial, was repealed by Act Oct. 6, 1917, c. 93. (10) Resignation and discharge—Any person so enrolled may tender his resignation to, or request his discharge from, the President, who may, in his dis- cretion, accept such resignation or grant Such dis- charge and disenroll such person, and any person so enrolled may be disenrolled by the President for any cause: Provided, That no person so enrolled shall be held against his will to such enrollment for a longer continuous period than three years, except during the pendency or duration of the emergency or of war here- inabove referred to. Any person enrolled may sub- sequently, upon his own application while So enrolled and if still a member of the Naval Militia, be reenroll- ed in any rank, grade, or rating for which he shall have been found qualified under the provisions of sec- tion five Of an Act entitled “An Act to promote the efficiency of the Naval Militia, and for other purpos- es,” approved February sixteenth, nineteen hundred and fourteen, and for which he shall also have been duly Commissioned, warranted, enlisted, Or rated as the Case may be, in the Naval Militia. c. 417, 39 Stat. 596.) (11) Relief from active service—The President may relieve any and all persons in the National Naval Volunteers from active service when their services are no longer needed. 597.) - (12) Pensions—When any officer or enlisted man of the said Volunteers is disabled by reason of Wounds or disabilities received in the active service of the United States, when called to duty under the provi- Sions of this Act, he shall be entitled to all the bene- fits of the pension laws existing at the time of his Service for the benefit of members of the United States Navy or Marine Corps, respectively, and in case such Officer or enlisted man dies in the active service of the United States, or in returning to his place of resi- dence after being relieved from such active service, Or at any time in consequence of wounds or disabili- ties received in such active service, his widow and children, Or previously designated dependent relative, if any, shall be entitled to all the benefits of such pen- sion laws. (Aug. 29, 1916, c. 417, 39 Stat. 597.) TITLE XVI A–SOLDIERS AND SAILORS, CIVIL RELIEF ARTICLE I. GENERAL PROVISIONs Sec. 3078%a. Protection to persons in military service; suspension of legal proceedings. - 30.78%ala. Definitions. 3078%aaa. Application of act; courts. 3078%b. Sureties, guarantors and indorsers protected. ARTICLE II. GENERAL RELIEF 3078%bb. Default judgments; affidavits; bonds; for persons in service. 3078%.c. Stay of actions. 3078%cc. Same; on contracts; 3078%d. Executions; stay; 3078%dd. Stay of actions; . Service. 3078%.e. Limitations of actions. ARTICLE III. RENT, INSTALLMENT CONTRACTs, MORTGAGES attorneys fines or penalties. attachments or garnishments. length of; codefendants not in 3078% ee. Rent; eviction; stay of proceedings; allotment of pay to discharge. 3078%f. Contracts for purchase of real or personal property; actions on. 3078%ff. Mortgages or trust deeds; der powers. ARTICLE IV. INSURANCE 3078%g. Definitions. 3078%gg. Application for benefits of Article; forms. 3078%h. Persons entitled to benefits of article. actions; stay; sales un- 3078%i. Same; lists of. 3078%j. Applications on policies totaling more than $5,000. 30.78%jj. Lapse of policies for nonpayment of premiums. 3078%k. Reports to Bureau of War Risk Insurance. 3078%l. Verification of difference between premiums default- ed and paid. & 3078%ll. Bonds of United States for difference between pre- - miums defaulted and paid. 30.78%m. Same; holding as security for payment of premiums. 3078%mm. Deduction of unpaid premiums from proceeds of - policies. 8078%m. Payment of past due premiums on termination of Service. COMP.ST.’18—27 Sec. e. 30.78% nn. Accounts stated between insurers and United States. 3078%0. Payment of balances due insurers. 3078%00. Policies to which article not applicable. 3078%p. Companies or associations to which applicable. ARTICLE V. TAXES AND PUBLIC LANDS 3078%pp. Application of article; sale of property. 3078%q. Rights to public lands not to be forfeited. ARTICLE VI. ADMINISTRATIVE REMEDIES 3078%qq. Transfers to take advantage of act. 3078%r. Certificates of military service; missing; presumption. 3078%rr. Revocation of interlocutory orders. 307844s. Time of termination of act. 3078%ss. Citation of act. - ARTICLE I. GENERAL PROVISIONS § 3078%a. persons reported Protection to persons in military service; suspension of legal proceedings—FOr the purpose of enabling the United States the more Suc- cessfully to prosecute and carry on the war in which it is at present engaged, protection is hereby extend- ed to persons in military service of the United States in order to prevent prejudice or injury to their civil rights during their term of service and to enable them to devote their entire energy to the military needs of the Nation, and to this end the following pro- visions are made for the temporary Suspension of le- gal proceedings and transactions Which may preju- dice the civil rights of persons in Such Service during the continuance of the present War. (March 8, 1918, c. 20, § 100, 40 Stat.) § 3078%aa. Definitions—(1) The term “persons in military service,” as used in this Act, shall include (Aug. 29, 1916, c. 417, 39 Stat. (Aug. 29, 1916, © a 3078%aa (Tit. 16A soldrºRS AND SAILORS, CIVIL RELIEF the following persons and no others: All officers and enlisted men of the Regular Army, the Begular Army Reserve, the Officers' Reserve Corps, and the Enlist- ed Reserve Corps; all officers and enlisted men of the National Guard and National Guard Reserve recog- nized by the Militia Bureau of the War Department; all forces raised under the Act entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States,” approv- ed May eighteenth, nineteen hundred and seventeen ; all officers and enlisted men of the Navy, the Marine Corps, and the Coast Guard; all officers and enlisted men of the Naval Militia, Naval Reserve force, Marine Corps Reserve, and National Naval Volunteers recog- nized by the Navy Department; all officers of the Pub- lic Health Service detailed by the Secretary of the Treasury, for duty either with the Army or the Navy; any of the personnel of the Lighthouse Service and of the Coast and Geodetic Survey transferred by the President to the service and jurisdiction of the War Department or of the Navy Department; members of ...the Nurse Corps; Army field clerks; field clerks, Quartermaster Corps; civilian clerks and employees On duty With the military forces detailed for Service abroad in accordance with provisions of existing law; and members of any other body who have heretofore or may hereafter become a part of the military or naval forces of the United States. The term “military Service,” as used in this definition, shall signify ac- tive Service in any branch of service heretofore men- tioned or referred to, but reserves and persons on the retired list Shall not be included in the term “persons in military service” until Ordered to active service. The term “active service” shall include the period during which a person in military service is absent from duty On account of sickness, wounds, leave, or Other lawful cause. (2) The term “period of military service,” as used in this Act, shall include the time between the follow- ing dates: For persons in active service at the date of the approval of this Act it shall begin with the date of approval of this Act; for persons entering ac- tive Service after the date of this Act, with the date Of entering active service. It shall terminate with the date Of discharge from active service Or death While in active service, but in no case later than the date when this Act ceases to be in force. (3) The term “person,” as used in this Act, with ref- erence to the holder of any right alleged to exist against a person in military service or against a per- son secondarily liable under such right, shall include individuals, partnerships, corporations, and any other forms of business association. - (4) The term “court” as used in this Act shall in- clude any Court of competent jurisdiction of the Unit- ed States or of any State, whether or not a court of record. . (5) The term “termination of the war” as used in this Act shall mean the termination of the present war by the treaty of peace as proclaimed by the Pres- ident. (March 8, 1918, c. 20, § 101, 40 Stat.) § 30.78%aaa.. Application of act; courts—The provisions of this Act shall apply to the United States, the several States and Territories, the District of Columbia, and all territory subject to the jurisdiction of the United States, and to proceedings commenced in any court therein, and shall be enforced through the usual forms of procedure obtaining in such courts or under such regulations as may be by them pre- scribed. (2) When under this Act any application is requir- ed to be made to a court in which no proceeding has already been commenced with respect to the matter, such application may be made to any court. (March 8, 1918, c. 20, § 102, 40 Stat.) § 30.78%b. Sureties, guarantors and indorsers protected—Whenever pursuant to any of the pro- visions of this Act the enforcement of any obligation IPage 4181 decree was entered. or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment, Or decree, or the performance of any other act, may be stayed, postponed, or Suspended, such stay, post- ponement, Or Suspension may, in the discretion of the court, likewise be granted to sureties, guarantors, in- dorsers, and others subject to the obligation or liabil- ity, the performance or enforcement of which is stay- ed, postponed, or suspended. - When a judgment or decree is vacated or set aside in Whole or in part, as provided in this Act, the same may, in the discretion of the Court, likewise be set aside and Vacated as to any Surety, guarantor, in- dorser, or other person liable upon the contract or lia- bility for the enforcement of which the judgment or (March 8, 1918, c. 20, § 103, 40 Stat.) - ARTICLE II. GIENERAL RELIEF $ 30.78%bb. Default judgments; affidavits; bonds; attorneys for persons in service—In any action or proceeding commenced in any court if there Shall be a default of an appearance by the defendant the plaintiff before entering judgment shall file in the court an affidavit setting forth facts showing that the defendant is not in military service. . If unable to file Such affidavit plaintiff shall in lieu thereof file an af- fidavit setting forth either that the defendant is in the military service or that plaintiff is not able to deter- mine whether Or not defendant is in Such service. If an affidavit is not filed showing that the defendant is not in the military service, no judgment shall be enter- ed without first securing an order of court directing Such entry, and no such order shall be made if the de- fendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his interest and the court shall on application make such appointment. Unless it appears that the defendant is not in such service the court may require as a condition before judgment is entered that the plaintiff file a bond approved by the court conditioned to indemnify the defendant, if in military service, against any loss or damage that he may suffer by rea- son of any judgment should the judgment be there- after set aside in whole or in part. And the court may make such other and further Order or enter Such judgment as in its opinion may be necessary to pro- tect the rights of the defendant under this Act. (2) Any person who shall make or use an affidavit required under this section knowing it to be false shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000, or both. (3) In any action or proceeding in which a person in military service is a party if such party does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attor- ney to represent him; and in such case a like bond may be required and an order made to protect the rights of such person. But no attorney appointed un- der this Act to protect a person in military Service shall have power to waive any right of the person for whom he is appointed or bind him by his acts. (4) If any judgment shall be rendered in any action or proceeding governed by this section against any person in military service during the period of such service or within thirty days thereafter, and it ap- pears that such person was prejudiced by reason of his military service in making his defense thereto, such judgment may, upon application, made by Such person or his legal representative, not later than nine- ty days after the termination of such service, be open- ed by the court rendering the same and such defend- ant or his legal representative let in to defend ; pro- vided it is made to appear that the defendant has a meritorious or legal defense to the action or someº part thereof. Vacating, setting aside, or reversing any judgment because of any of the provisions of this Act shall not impair any right or title acquired by any Tit. 16A) a 3078%ff SOLDIERS AND SAILORS, CIVIL RELIEF [Page 419.1 - bona fide purchaser for value under such judgment. (March 8, 1918, c. 20, § 200, 40 Stat.) § 3078% c. Stay of actions—At any stage there- Of any action or proceeding commenced in any court by Or against a person in military service during the period of such service or within sixty days there- after may, in the discretion of the Court in which it is pending, On its own motion, and shall, on applica- tion to it by such person or some person on his be- half, be stayed as provided in this Act, unless, in the Opinion of the Court, the ability of plaintiff to prose- Cute the action Or the defendant to COnduct his de- fense is not materially affected by reason of his mili- tary service. (March 8, 1918, c. 20, § 201, 40 Stat.) § 3078% ee. Same; on contracts; fines or pen- alties—When an action for compliance with the terms Of any contract is stayed pursuant to this Act no fine Or penalty shall accrue by reason of failure to COmply With the terms of such contract during the period of Such stay, and in any case where a person fails to perform any obligation and a fine or penalty for such nonperformance is incurred a Court may, On such terms as may be just, relieve against the enforcement Of Such fine or penalty if it shall appear that the person who would suffer by such fine or penalty was in the military service when the penalty was in- Curred and that by reason of Such service the ability Of Such person to pay or perform was thereby mate- rially impaired. (March 8, 1918, c. 20, § 202, 40 Stat.) § 30.78%d. Executions; stay of attachments or garnishments—In any action or proceeding com- menced in any court against a person in military Service, before or during the period of such service, or Within sixty days thereafter, the court may, in its CliSCretion, on its own motion, or on application to it by Such person or some person on his behalf shall, un- less in the Opinion of the court the ability of the de- fendant to comply with the judgment or Order en- tered or sought is not materially affected by reason of his military service: (1) Stay the execution of any judgment or order ºred against Such perSon, as provided in this Act, al.]] (2) Vacate or stay any attachment or garnishment Of property, money, or debts in the hands of another, Whether before or after judgment, as provided in this Act. (March 8, 1918, c. 20, § 203, 40 Stat.) § 30.78%dd. Stay of actions; length of; code- fendants not in service—Any stay of any action, proceeding, attachment, or execution, ordered by any court under the provisions of this Act may, except as otherwise provided, be ordered for the period of military Service and three months thereafter Or any part Of Such period, and Subject to Such terms as may be just, whether as to payment in installments of Such amounts and at Such times as the court may fix or otherwise. Where the person in military service is a codefendant with others the plaintiff may never- theless by leave of Court proceed against the others. (March 8, 1918, c. 20, § 204, 40 Stat.) § 3078%.e. Limitations of actions—The period Of military service shall not be included in computing any period now or hereafter to be limited by any law for the bringing of any action by Or against any person in military service Or by or against his heirs, executors, administrators, or assigns, whether Such Cause of action shall have accrued prior to Or during the period of such service. (March 8, 1918, c. 20, § 205, 40 Stat.) ARTICLE III. RENT, INSTALLMENT CON- TRACTS, MORTGAGES • § 3078%ee. Rent; eviction; stay of proceed- ings; allotment of pay to discharge—No eviction or distress shall be made during the period of mili- tary Service in respect of any premises for which the agreed rent does not exceed $50 per month, oc- cupied chiefly for dwelling purposes by the wife, chil- dren, or Other dependents of a person in military service, except upon leave of court granted upon ap- plication therefor or granted in an action or proceed- ing affecting the right of possession. : (2) On any such application or in any such action the court may, in its discretion on its own motion, and shall, on application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such mili- tary service, stay the proceedings for not longer than three months, as provided in this Act, or it may make Such Other Order as may be just. (3) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (1) hereof shall be guilty of a misde- meanor, and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000, Or both. - (4) The Secretary of War or the Secretary of the Navy, as the Case may be, is hereby empowered, Sub- ject to such regulations as he may prescribe, to Order an allotment of the pay of a person in military Serv- ice in reasonable proportion to discharge the rent Of premises occupied for dwelling purposes by the wife, children, or other dependents of such person. (March 8, 1918, c. 20, § 300, 40 Stat.) . . § 30.78%f. Contracts for purchase of real or personal property; actions on—(1) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal prop- erty, or of lease or bailment with a view to purchase of such property, a deposit Or installment of the pur- Chase price from a person Or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall ex- ercise any right Or Option under Such contract to re- scind or terminate the contract or resume possession of the property for nonpayment of any installment falling due during the period of such military Serv- ice, except by action in a Court of Competent juris- diction. (1a) Any person who shall knowingly resume pos- session of property which is the subject of this sec- tion otherwise than as provided in subsection (1) here- Of shall be guilty Of a misdemeanor and shall be punished by imprisonment not to exceed One year Or by fine not to exceed $1,000, or both. (2) Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof, as a COndition. Of terminating the contract and resuming possession of the property, or may, in its discretion, on its own motion, and shall, on application to it by such person in military service or SOme person. On his behalf order a stay Of proceed- ings as provided in this Act unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of such Service; or it may make such other disposition of the case as may be equitable to con- serve the interests of all parties. (March 8, 1918, c. 20, § 301, 40 Stat.) § 30.78%ff. Mortgages or trust deeds; ac- tions; stay; sales under powers—(1) The provisions, of this section shall apply only to obligations origi: nating prior to the date of approval of this Act and Secured by mortgage, trust deed, Or Other Security in the nature of a mortgage upon real Or personal prop- erty Owned by a person in military Service at the Commencement of the period of the military Service and Still SO OWned by him. (2) In any proceeding commenced in any court dur- ing the period of military service to enforce such ob- ligation arising out of nonpayment of any sum there- under due or out of any other breach of the terms thereof OCCurring prior to Or during the period of such service, the court may, after hearing, in its discre- tion, On its OWn motion, and shall, on application to it by Such person in military service or SOme person On his behalf, unless in the Opinion of the court the ability of the defendant to comply with the terºns 8078%ff (Tit. 16A SOLDIERS AND SAILORS, CIVIL RELIEF IPage 42.01 of the obligation is not materially affected by reason of his military service— - - (a) Stay the proceedings as provided in this Act; Or (b) Make such other disposition of the case as may be equitable to conserve the interests of all parties. (3) No sale under a power of sale or under a judg- ment entered upon warrant of attorney to confess judgment contained in any such obligation Shall be valid if made during the period of military service or within three months thereafter, unless upon an Order of sale previously granted by the court and a return thereto made and approved by the COurt. (March 8, 1918, c. 20, § 302, 40 Stat.) ARTICLE IV. INSURANCE § 307834g. Definitions—In this Article the term “policy” shall include any contract of life insurance on the level premium or legal reserve plan. It shall also include any benefit in the nature of life insurance arising out of membership in any fraternal Or bene- ficial association ; the term “premium” shall include membership dues or assessments in such association, and the date of issuance of policy as herein limited shall refer to the date of admission to membership in such association ; the term “insured” shall in- clude any person who is the holder of a policy as defined in this Article; clude any corporation, partnership, or other form of association which secures or provides insurance under any policy as defined in this Article. (March 8, 1918, c. 20, § 400, 40 Stat.) § 30.78%gg. Applieation for benefits of Arti- cle; forms—The benefits of this Article shall apply to any person in military service who is the holder of a policy of life insurance, when such holder shall apply for such benefits on a form prepared in accord- ance with regulations which shall be prescribed by the Secretary of the Treasury. Such form shall set forth particularly that the application therein made is a Consent to Such modification of the terms of the original contract of insurance as are made necessary by the provisions of this Article and by receiving and filing the same the insurer shall be deemed to have assented thereto, to the extent, if any, to which the policy on which the application is made is within the provisions of this Article. The original of such application shall be sent by the insured to the insurer, and a copy thereof to the Bureau of War Risk In- SūI’a IłCé. - The Bureau Of War Risk Insurance Shall issue through suitable military and naval Channels a nO- tice explaining the provisions of this Article and shall furnish forms to be distributed to those desiring to make application for its benefits. (March 8, 1918, c. 20, § 401, 40 Stat.) - § 30.78%h. Persons entitled to benefits of arti- cle—The benefits of this Act shall be available to any person in military service in respect Of Contracts of insurance in force under their terms up to but not ex- ceeding a face value of $5,000, irrespective of the number of policies held by such person whether in One or more COImpanies, when Such Contracts were made and a premium was paid thereon before Sep- tember first, nineteen hundred and seventeen; but in no event shall the provisions of this Article apply to any policy on which premiums are due and unpaid for a period of more than one year at the time when application for the benefits of this Article is made or in, respect of any policy on which there is out- standing a policy loan or other indebtedness equal to or greater than fifty per centum of the cash sur- render value of the policy. (March 8, 1918, c. 20, § 402, 40 Stat.) - § 30.78%i. Same; lists of The Bureau of War Bisk Insurance shall, subject to regulations, which shall be prescribed by the Secretary of the Treasury, compile and maintain a list of such persons in mili- tary Service as have made application for the bene- fits of this Article, and shall (1) reject any applica- the term “insurer” shall in- * Shall be denominated the monthly difference. tions for such benefits made by persons who are not persons in military service; (2) reject any applica- tions for such benefits in excess of the amount per- mitted by section four hundred and two ; and (3) re- ject any applications in respect of contracts of in- surance otherwise not entitled to the benefits of this Article. Said bureau shall immediately notify the insurer and the insured in writing of every rejec- tion or approval. (March 8, 1918, c. 20, § 403, 40 Stat.) § 3078%j. Applieations on policies totaling more than $5,000—When one or more applications are made under this Article by any One person in military service in respect of insurance exceeding a total face value of $5,000, whether on One or more pol- icies or in one or more companies, and the insured shall not in his application indicate an order of pref- erence, the Bureau Of War Risk Insurance Shall re- ject such policies as have the inferior Cash Surrender value, so as to reduce the total benefits COnferred within the face value of $5,000, and where necessary for this purpose shall direct the insurer to divide any policy into two separate policies. The Said bureau shall immediately notify the insurer and the insured in writing of such selection. (March 8, 1918, c. 20, § 404, 40 Stat.) - § 307834.jj. Ilapse of policies for nonpayment of premiums—No policy which has not lapsed for the nonpayment of premium before the commencement of the period of military service of the insured, and which has been brought within the benefits of this Article, shall lapse or be forfeited for the nonpayment of premium during the period of such service or dur- ing one year after the expiration of such period: Pro- vided, That in no case shall this prohibition extend for more than one year after the termination of the war. (March 8, 1918, c. 20, § 405, 40 Stat.) § 30.78%k. Reports to Bureau of War Risk Insurance—Within the first fifteen days of each cal- endar month after the date of approval of this Act until the expiration of one year after the termination of the war, every insurance corporation or association to which application has been made as herein provid- ed, for the benefits of this Article, shall render to the Bureau of War Risk Insurance a report, duly verified, setting forth the following facts: First. The names of the persons who have applied for such benefits, and the face value of the policies in respect of which such benefits have been applied for by such persons, during the preceding Calendar month; Second. A list as far as practicable of the premiums in respect of policies entitled to the benefits of this Article which remain unpaid on the last day of the preceding calendar month, which day is at least thirty-one days after the due date of the premiums, provided such premiums have not previously been so reported as in default; Third. A list of premiums which, having been pre- viously reported as in default, have been paid by the policyholder or some one on his behalf in Whole or in part during the preceding calendar month; Fourth. A computation of the difference between the total amount of defaulted premiums therein re- ported and the total amount of premiums paid as therein reported, after having been previously re- ported as in default. From this sum shall be deduct- ed the total sum of any premiums previously report- ed as in default, upon policies in respect of which the Bureau of War Risk Insurance has, since the date of such report, rejected an application for the bene- fits of this Article. The final sum so arrived at (March 8, 1918, c. 20, § 406, 40 Stat.) § 30.78%l. Verification of difference between premiums, defaulted and paid—The Bureau of War Risk Insurance shall verify the Computation of month- ly difference reported by each insurer, and shall cer- tify it, as corrected, to the Secretary of the Treasury and the insurer. (March 8, 1918, c. 20, § 407, 40 Stat.) Tit. 16A) 2 3078%q SOLDIERS’ AND SAILORS’ CIVIL RELIEE" [Page 421] § 30.78%ll. Bonds of United States for dif- ference between premiums defaulted and paid— The Secretary of the Treasury shall, within ten days thereafter, deliver each month to the proper officer Of each insurer, bonds of the United States to the amount Of that multiple of $100 nearest to the month- ly difference certified in respect to each insurer. Such bonds shall be registered in the names of the respec- tive insurers, who shall be entitled to receive the in- terest accruing thereon, and such bonds shall not be transferred, or again registered, except upon the approval of the Director of the Bureau of War Risk Insurance, and shall remain in the possession of the insurer until settlement is made in accordance with this Article: Provided, That whenever the fact of insolvency shall be ascertained by the Director of the Bureau of War Risk Insurance all obligation on the part of the United States, under this Article, for future premiums on policies of such insurer shall thereupon terminate. An insurer shall furnish semi- annual Statements to the Bureau Of War Risk Insur- ance. (March 8, 1918, c. 20, § 408, 40 Stat.) § 30.78%m. Same; holding as security for payment of premitmins—The bonds SO delivered Shall be held by the respective insurers as security for the payment of the defaulted premiums with inter- est. To indemnify it against loss the United States shall have a first lien upon any policy receiving the benefits of this Article, Subject Only to any lien exist- ing at the time the policy became subject to this Act, and no loan or settlement or payment of divi- dend shall be made by the insurer on such policy which may prejudice the security of such lien. Be- fore any dividend is paid or any loan or settlement is made the Written consent Of the Bureau Of War Risk Insurange must be obtained. (March 8, 1918, c. 20, § 409, 40 Stat.) - § 307834mm. Tº eduction of unpaid premiums from proceeds of policies—In the event that the military service of any person being the holder of a policy receiving the benefits of this Article shall be terminated by death, the amount of any unpaid pre- miums, with interest at the rate provided for in the policy for policy loans, shall be deducted from the proceeds of the policy and shall be included in the next monthly report of the insurer as premiums paid. (March 8, 1918, c. 20, § 410, 40 Stat.) § 3078%m. Payment of past due premiums on termination of service—If the insured does not within One year after the termination of his period of military service pay to the insurer all past due premiums with interest thereon from their several due dates at the rate provided in the policy for pol- icy loans, the policy shall at the end of such year im- mediately lapse and become void, and the insurer Shall thereupon become liable to pay the Cash Sur- render value thereof, if any: Provided, That if the insured is in the military service at the termination Of the War such lapse shall occur and Surrender Value be payable at the expiration of One year after the termination of the War. 40 Stat.) § 30.78% nin. Accounts stated between insurers and United States—At the expiration of One year after the termination Of the War there shall be an account stated between each insurer and the United States, in which the following items shall be credited to the insurer: - (1) The total amount of the monthly differences re- ported under this Article; - (2) The difference between the total interest receiv- ed by the insurer upon the bonds held by it as security and the total interest upon such monthly differences at the rate of five per centum per annum; and in Which there shall be Credited to the United States the amount of the Cash surrender value of each policy lapsed or forfeited as provided in section four hun- dred and eleven, but not in any case a greater amount On any policy than the total of the unpaid premiums (March 8, 1918, c. 20, § 411, r with interest thereon at the rate provided for in the policy for policy loans. (March 8, 1918, c. 20, § 412, 40 Stat.) - - § 3078%o. Payment of balances due insurers— The balance in favor of the insurer shall, in each case, be paid to it by the United States upon the surrender by the insurer of the bonds delivered to it from time to time by the Secretary of the Treasury under the provisions of this Article. (March 8, 1918, c. 20, $ 413, 40 Stat.) - - § 30.78%00. Policies to which article not ap- plicable—This Article shall not apply to any policy which is void or which may at the option of the in- Surer be voidable, if the insured is in military serv- ice, either in this country or abroad, nor to any pol- icy which as a result of being in military service, either in this country or abroad, provides for the payment of any suim less than the face thereof or for the payment of an additional amount as premium. (March 8, 1918, c. 20, § 414, 40 Stat.) * - § 3078%p. Corripanies or associations to which applicable—This Article shall apply only to insur- ance companies or associations which are required by the law under which they are organized or doing business to maintain a reserve, or, which if not so required, have made or shall make provision for the Collection from all those insured in such insurer of a premium to cover the special war risk of those insured persons who are in military service. (March 8, 1918, c. 20, § 415, 40 Stat.) - - - ARTICLE V. TAXES AND PUBLIC LANDS § 30.78%pp. Application of article; sale of property—(1) The provisions of this section shall ap- ply when any taxes or assessments, whether general or special, falling due during the period of military Service in respect of real property Owned and OCCu- pied for dwelling or business purposes by a person in military service or his dependents at the commence- ment Of his period of military Service and still SO OC- cupied by his dependents or employees are not paid. (2) When any person in military service, or any person in his behalf, shall file with the collector of taxes, or other officer whose duty it is to enforce the Collection of taxes or assessments, an affidavit show- ing (a) that a tax Or assessment has been assessed upon property which is the Subject of this section, (b) that such tax or assessment is unpaid, and (c) that by reason of such military service the ability of such person to pay Such tax or assessment is materially af- fected, no sale of such property shall be made to en- force the collection of such tax or assessment, or any proceeding or action for Such purpose commenced, ex- cept upon leave of court granted upon an application made therefor by such collector or other Officer. The Court thereupon may stay Such proceedings or Such sale, as provided in this Act, for a period extending not more than six months after the termination of the War. - - .* (3) When by law such property may be sold or for- feited to enforce the Collection of such tax or assess- ment, such person in military service shall have the right to redeem or Commence an action to redeem such property, at any time not later than six months after the termination Of Such Service, but in no case later than six months after the termination Of the war ; but this shall not be taken to shorten any pe- riod, now or hereafter provided by the laws of any State or Territory for such redemption. (4) Whenever any tax Or assessment shall not be paid when due, such tax or assessment due and un- paid shall bear interest until paid at the rate of six per centum per annum, and no Other penalty or inter- est shall be incurred by reason of such nonpayment. Any lien for Such unpaid taxes or assessment shall also include such interest thereon. (March 8, 1918. c. 20, § 500, 40 Stat.) § 30.78%q. Rights to public lands not to be forfeited—No right to any public lands initiated or 3 3078%qq (Tit. 16A SOLDIERS AND SAILORS, CIVIL RELIEF IIPage 4221 acquired prior to entering military service by any per- Son under the homestead laws, the desert-land laws, the mining-land laws, or any other laws of the Unit- ed States, shall be forfeited or prejudiced by reason of his absence from such land, or of his failure to perform any Work Or make any improvements there- On, Or to do any other act required by any such law during the period of such service. Nothing in this Section Contained shall be construed to deprive a per- Son in military service or his heirs or devisees of any benefits to which he or they may be entitled un- der the Act entitled “An Act for the relief of home- stead entrymen or settlers who enter the military or naval Service of the United States in time of war,” approved July twenty-eighth, nineteen hundred and seventeen ; the Act entitled “An Act for the protec- tion of desert-land entrymen who enter the military Or naval Service of the United States in time of war,” approved August seventh, nineteen hundred and sev- enteen ; the Act entitled “An Act to provide further for the national Security and defense by stimulating agriculture and facilitating the distribution of agri- cultural products,” approved August tenth, nineteen hundred and Seventeen ; the joint resolution “To re- lieve the owners of mining claims who have been mus- tered into the military or naval Service of the United States as Officers or enlisted men from performing as- sessment work during the term of such service,” ap- proved July Seventeenth, nineteen hundred and sev- enteen ; or any other Act or resolution of Congress: Provided, That nothing in this section contained shall be construed to limit or affect the right of a person in the military service to take any action during his term of service that may be authorized by law, or the regulations of the Interior Department thereun- der, for the perfection, defense, or further assertion of rights initiated prior to the date of entering mili- tary service, and it shall be lawful for any person while in military service to make any affidavit or Sub- mit any proof that may be required by law, or the practice of the General Land Office in connection with the entry, perfection, defense, or further assertion of any rights initiated prior to entering military service, before the Officer in immediate command and holding a commission in the branch Of the Service in which the party is engaged, which affidavits shall be as bind- ing in law and With like penalties as if taken be- fore the Register Of the United States Land Office. (March 8, 1918, c. 20, § 501, 40 Stat.) ARTICLE VI. ADMINISTRATIVE REMEDIES § 30.78%qq. Transfers to take advantage of act—Where in any proceeding to enforce a civil right in any Court it is made to appear to the satisfaction of the Court that any interest, property, Or Contract has since the date Of the approval of this Act been transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this Act, the COurt Shall enter Such judgment Or make such Order as might lawfully be entered or made the provisions of this Act to the Contrary notwithstand- ing. (March 8, 1918, c. 20, § 600, 40 Stat.) § 30.78%r. Certificates of military service; persons reported missing; presumption—In any proceeding under this Act a certificate signed by The Adjutant General of the Army as to persons in the Army or in any branch of the United States Service While serving pursuant to law with the Army, Signed by the Chief of the Bureau of Navigation of the Navy Department as to persons in the Navy or in any other branch of the United States Service while serving pursuant to law with the Navy, and signed by the Major General, Commandant, United States Marine Corps, as to persons in the Marine Corps, or in any Other branch of the United States service while serv- ing pursuant to law with the Marine Corps, or sign- ed by an officer designated by any of them, respec- tively, for the purpose, shall when produced be prima facie evidence as to any of the following facts stated in such Certificate: º That a person named has not been, or is, or has been in military service; the time when and the place Where Such person entered military service, his resi- dence at that time, and the rank, branch, and unit Of Such service that he entered, the dates within which he was in military service, the monthly pay received by Such person at the date of issuing the certificate, the time when and place where such person died in Or Was discharged from such service. It shall be the duty of the foregoing officers to fur- nish Sugh certificate on application, and any such cer- tificate when purporting to be signed by any one of Such officers or by any person purporting upon the face Of the Certificate to have been so authorized shall be prima facie evidence of its contents and of the au- thority of the signer to issue the same. (2) Where a person in military service has been re- ported missing he shall be presumed to continue in the Service until accounted for, and no period herein limited which begins or ends with the death of such person Shall begin or end until the death of such per- SOn is in fact reported to or found by the Department Of War or Navy, or any court or board thereof, or until Such death is found by a court of competent ju- risdiction: Provided, That no period herein limited Which begins or ends with the death of such person Shall be extended hereby beyond a period of six months after the termination of the war. (March 8, 1918, c. 20, § 601, 40 Stat.) - § 3078%rr. Revocation of interlocutory orders —Any interlocutory order made by any court under the provisions of this Act may, upon the court's own motion or otherwise, be revoked, modified, or extended by it upon Such notice to the parties affected as it may require. (March 8, 1918, c. 20, § 602, 40 Stat.) § 30.78%s. Time of termination of act—This Act shall remain in, force until the termination of the war, and for six months thereafter: Provided, That Wherever under any section or provision of this Act a proceeding, remedy, privilege, stay, limitation, ac- counting, or other transaction has been authorized or provided, the due exercise or enjoyment of which may extend beyond the period herein fixed for the termination of this Act, such Section or provision shall be deemed to COntinue in full force and effect SO long as may be necessary to the exercise Or enjoyment of the proceeding, remedy, privilege, stay, limitation, a C- Counting, or transaction aforesaid. (March 8, 1918, C. 20, § 603, 40 Stat.) § 30.78%ss. Citation of act—This Act may be cited as the Soldiers' and Sailors' Civil Relief Act. (March 8, 1918, c. 20, § 604, 40 Stat.) TITLE XVII—ARMS, ARMORIES, ARSENALS, ORDNANCE AND FORTIFICATIONS, AND NITRATE PLANTS Chap. Sec. A. Arms, Armories, Arsenals, and Nitrate Plants 3079 Chap. Sec. B. Board of Ordnance and Fortification............ 3111 Chapter A–Arms, Armories, Arsenals Sec. And Nitrate Plants 3079. Armories, officers, workmen. 8080. Pay of officers and employés at armories. \ 3081. Springfield armory; additional compensation of master arrin OI’er. 3082. Same; salaries of clerks. 3083. Same; payment of compensation; bonds. 3084. Compensations payable monthly. 3084a. Repeal of part of preceding section. 3085. Annual accounts to Congress. 3086. Arsenals may be abolished. 3087. Misconduct of Workmen. 3088. Exemption from jury service. 3089. Inventions by Officers; expenditures therefor. 3090. Reward for suggestions by employees. 8091. Testing rifled cannon. 3092. Same; for Navy. 3093. A. and ammunition furnished to protect public prop- erty. Rifles and ammunition for Home Guards. 3094. Ordnance and stores for Washington High School. 3095. Obsolete ordnance and stores for State educational in- stitutions, and soldiers’ and sailors’ orphans’ homes. 3096. Sales of ordnance property to educational institutions and soldiers’ and sailors’ orphans’ homes. 3097. Issue of old model ammunition to certain institutions. 3098. Sale of obsolete small arms to patriotic organizations. 3099. Sale of Smooth-bore carinon for experimental purposes. 3100. Sale of ordnance and stores to designers. 3101. - Issue of obsolete or condemned ordnance to Soldiers’ Homes. 3162. Loan or gift of condemned ordnance to soldiers’ monu- ment associations. 3103. Sales of obsolete ordnance for public parks. 3104. Sale of individual pieces of armament. 3105. sº of ordnance property to Navy and Marine Corps OfficerS. | 3106. sº of ordnance stores to civilian employés and Red XI’OSS. Sale of ordnance and stores to Cuba. - 3107. Aºtion of proceeds of disposition of ordnance an St01’eS. 3108. Payment for transfers of ordnance or stores to bureaus or departments. 3109. Machine for testing iron and steel; 31.10. Same; private use; reports of tests. private use. 31ióa. Gauges, dies and tools necessary for manufacture of a.I’IſlS. 31.10b. Nitrate plants. § 3079. Armories, officers, worly men—At each arsenal there shall be established a national armory, in which there shall be employed One Superintendent, who shall be an Officer of the Ordnance Department, to be designated by the President; one master-armor- er, who shall be appointed by the President, and as many workmen as the Secretary of War may, from time to time, deem necessary. (R. S. § 1662.) § 3080. Pay of officers and employés at armo- ries—The Ordnance officer in charge of any national armory shall receive no compensation other than his regular pay as an officer of the corps; the master- armorers Shall receive fifteen hundred dollars per annum each ; the inspectors and clerks, each, eight hundred dollars per annum, except the clerks of the armory at Springfield, Massachusetts, [who may re- ceive, at the discretion of the Secretary of War, tWelve hundred dollars per annum]. - (R. S. § 1663.) Text in brackets superseded by § 3082. § 3081. Springfield armory; additional compen- sation of master armorer—In addition to the compen- sation now allowed and paid to the master armorer at the national armory in Springfield, Massachusetts, there shall be paid to him, from and after the passage of this act, further compensation at the rate of one thousand dollars pér annum during Such time as he shall perform the duties of master machinist at Said armory in addition to those of master armorer. (Aug. 5, 1882, c. 395, 22 Stat. 299.) § 3082. Same; salaries of clerks—On and after the passage of this act, in lieu of the compensation now allowed to the clerks at the United States armory in Springfield, Massachusetts, including fuel and quar. ters, there shall be paid to each of said clerks an an- nual Salary Of One thousand six hundred and fifty dol- lars. (June 23, 1874, c. 486, 18 Stat. 282.) § 3083. Same; payment of compensation; 'bonds—The several compensations fixed by the pre- Ceding section for master-armorers and inspectors Shall be paid [Quarter-yearly]. All [military store. keepers and] paymasters shall give bond and security for the faithful discharge of their duties, in such sum as may be prescribed by the Secretary of War. (R. S. § 1664.) * Text in brackets superseded by §§ 1717, 3084. to bonds, see §§ 1966, 1967. § 3084. Compensations payable monthly- Hereafter all employees of the Ordnance Department whose rate of compensation is annual shall be paid monthly at the rate of one-twelfth of the annual rate, and of such monthly rate and of all other monthly rates of compensation one-thirtieth shall be the daily rate for computation of pay for fractional parts of a month; and for the purposes of this provision each and every month shall be held to consist of thirty days, whether the actual number of days be greater Or less. (April 23, 1904, c. 1485, 33 Stat. 276.) See § 3084a, as to repeal of this section. Further as to payment of compensations, see §§ 2199, 3243. § 3084a. Repeal of part of preceding section- The following provision contained in the Act approv- ed April twenty-third, nineteen hundred and four, “Hereafter all employees of the Ordnance Department whose compensation is annual shall be paid monthly,” is hereby repealed. (May 12, 1917, c. 12, 40 Stat. 74.) See § 3084. § 3085. Annual accounts to Congress-An an- nual account of the expenses of the national armories shall be laid before Congress, together With an account of the arms made and repaired therein. (R. S. § 1665.) Annual reports by Board of Ordnance, see § 3112. § 3086. Arsenals may be abolished—The Secre- tary of War is authorized to abolish such of the ar- senals of the United States as, in his judgment, may be useless or unnecessary. (R. S. § 1666.) (R. S. § 1667. Superseded.) This section prescribed a method of. distributing arms and equipments to the militia of the United States. It was superseded by more comprehensive provisions made by Act Feb. 12, iS87, c. 129, § 2, 24 Stat. 402, as amended, Agt June 22, 1906, c. 3515, § 2, 34 Stat. 449, and Act Jan. 21, 1903, c. 196, § 13, 32 Stat. 777, as amended, Act May 27, 1908, c. 204, § 8, 35 Stat. 401, which were in turn super- seded by §§ 3055, 3059. - R. S. § 1668. Repealed.) This section, making it a crime to entice away Work- men, was incorporated into the Criminal Code, § 43 (§ 10207), and repealed by § 341 thereof (§ 10515). § 3087. Misconduct of workmen—If any arti- ficer or workman, hired, retained, or employed in any public arsenal or armory, wantonly and Carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States, or willfully and obstinately refuses to perform the Services lawfully assigned to him, pursuant to his contract, he shall for- feit a sum not exceeding twenty dollars for every Such act of disobedience or breach of Contract, to be recoV- ered in any court having competent jurisdiction there- of. (R. S. § 1669.) (R. S. § 1670. Temporary.) - This section provided for a further distribution of arms to states not receiving their quota under a previous dis- ºn. It is omitted as temporary merely, and exe- CUILeCl. - § 3.088. Exemption from jury service-All arti- ficers and workmen employed in the armories and ar- senals of the United States shall be exempted, during Fºurther as [Page 423] a 3089 (Tit. 17 ARMS, ARMORIES, AND ARSENALS IPage 424I - - .” their time of service, from service as jurors in any Court. (R. S. § 1671.) - (R. S. §§ 1672, 1673. Superseded.) R. S. § 1672, prescribed the “Springfield breach-loading System’’ as the System to be used by the Ordnance De- partment in manufacture of arms. R. S. § 1673, prohibited payment of royalties to officers and employés of the United States. They were superseded by , §§ 3111–3115, and subsequent appropriation acts. See Act July 16, 1892, c. 195, 27 Stat. 182; Act Aug. 6, 1894, c. 228, 28 Stat. 242; Act Feb. 12, 1895, c. 83, 28 Stat. 663; Act March 16, , 1896, c. 59, 29 Stat. 68; Act March 2, 1897, c. 362, 29 Stat. 617; Act March 15, 1898, c. 69, 30 Stat. 326. § 3089. Inventions by officers; expenditures therefor—For manufacture at national armories: * * Provided, that hereafter no money shall be ex- pended at said armories in the perfection of patenta- ble inventions in the manufacture of arms by officers Of the Army otherwise compensated for their services to the United States. (March 3, 1875, c. 133, § 1, 18 Stat. 455.) § 3090. Reward for suggestions by employees —The Secretary of War is hereby authorized to offer periodically at such of the establishments of the Ord- nance Department as he may select a cash reward for the suggestion, or series of suggestions, for an im- provement or economy in manufacturing processes or plant, submitted within the period by one or more employees Of the establishment which shall be deemed the most valuable of those submitted and adopted for use: Provided, That to obtain this reward the win- ning suggestion must be one that will clearly effect a material economy in production or increase efficiency Or enhance the quality of the product in comparison with its cost and in the Opinion of the Secretary shall be so worthy as to entitle the employee making the same to receive the reward: Provided further, That the Sums awarded to employees in accordance with this Act shall be paid them in addition to their usual compensation and shall constitute part of the general Or shop expense of the establishment: - ther, That the total amount paid under the provisions Of this Act shall not exceed. One thousand dollars for any One month: And provided further, That no em- ployee shall be paid a reward under this Act until he has properly executed an agreement to the effect that the use by the United States of the suggestion, or series of suggestions, made by him shall not form the basis of a further claim of any nature upon the Unit- ed States by him, his heirs, or assigns, and that appli- Cation for patent has not been made for the invention. (July 17, 1912, c. 236, 37 Stat. 193.) - § 3091. Testing rifled cannon—Hereafter all ri- fled cannon of any particular material, caliber, or kind, made at the Cost of the United States shall be publicly subjected to the proper test including such rapid firing as a like gun would be likely to be sub- jected to in actual battle for the determination of the endurance of the same to the satisfaction of the President of the United States or such persons as he may select ; and he is hereby authorized to select not to exceed five persons, who shall be skilled in such matters; and if such gun shall not prove satisfactory, they shall not be put to use in the Government serv- ice. (July 5, 1884, c. 235, § 2, 23 Stat. 159.) - - See, also, § 3115. - § 3092. Same; for Navy—One or more rifled Cannon of each type Constructed at the cost Of the United States for the Navy shall be publicly subjected to the proper test for endurance including such rap- id firing as a like gun would be subjected to in bat- tle. This test Shall be under the direction and to the satisfaction of the Secretary of the Navy, and if such guns do not prove satisfactory, the type they represent shall not be put in use in the naval service. (July 26, 1886, c. 781, § 1, 24 Stat. 151.) - § 3093. Arms and am munition furnished to protect public property—Upon the request of the head of any department, the Secretary of War be, and he hereby is, authorized and directed to issue arms and ammunition whenever they may be required for Provided fur- the protection of the public money and property, and they may be delivered to any officer of the department designated by the head of such department, to be ac- Counted for to the Secretary of War, and to be re- turned when the necessity for their use has expired. Arms and ammunition heretofore furnished to any de- partment by the War Department, for which the War Department has not been reimbursed, may be re- ceipted for under the provisions of this act. (March 3, 1879, c. 183, 20 Stat. 410.) § 3093a. Rifles and ammunition for Home Guards—The Secretary of War during this existing emergency be, and he is hereby, authorized, in his dis- cretion, to issue from time to time to the Several States and Territories and the District of Columbia for the equipment of such home guards having the character of State police or constabulary as may be organized by the several States and Territories and District of Columbia, and such other home guards as may be organized under the direction of the gov- ernors of the several States and Territories and the Commissioners of the District of Columbia or other State troops or militia, such rifles and ammunition therefor, cartridge belts, haversacks, canteens, in lim- ited amounts as available supplies will permit, pro- vided that the property so issued shall remain the property of the United States and shall be receipted for by the governors of the several States and Terri- tories and Commissioners of the District of Columbia and accounted for by them. Under such regulations and upon furnishing such bonds or security as the Secre- tary of War may prescribe, and that any property SO issued shall be returned to the United States On demand when no longer needed for the purposes for which issued, or if, in the judgment of the Secretary of War, an exigency requires the use of the property for Federal purposes: Provided, That all home guards, State troops and militia receiving arms and equipments as herein provided shall have the use, in the discretion. Of the Secretary Of War and under such regulations as he may prescribe, of rifle ranges owned or controlled by the United States of America. (June 14, 1917, c. 28, 40 Stat. 18.1.) § 3G94. Ordnance and stores for Washington High School—The Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and Which can be spared for that purpose, such as may appear to be required for military instruction and practice by the students of the High School of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required. (Feb. 5, 1891, No. 9, 26 Stat. 1113.) § 3095. Obsolete ordnance and stores for State educational institutions, and soldiers’ and sailors’ orphans’ homes—The Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to the United States, such obsolete Ordnance and ordnance Stores as may be available to State ahd Territorial educational in- stitutions and to State soldiers and sailors orphans’ homes, for purposes of drill and instruction. And the Secretary of War shall require from such institutions Or homes a bond in each case in double the value of the property issued, for the care and Safe-keeping thereof and for the return of the same to the United States when required: Provided, That the issues herein provided for shall be made only to institutions upon recommendation of the governors Of States and Territories and shall not be made in any case to any educational institution to which is- sues of such stores are allowed to be made under pro- visions of existing law. (June 30, 1906, c. 3938, 34 Stat. 817.) - - Ch.A) Ž 3110 ARMS, ARMORIES, AND ARSENALS [Page 4251 § 3.096. Sales of ordnance property to educa- tional institutions and soldiers’ and sailors’ or- phans’ homes—Sales of articles of Ordnance proper- ty are authorized to educational institutions and State soldiers' and sailors' orphans' homes for maintaining . the ordnance and ordnance stores issued to them. (May 11, 1908, c. 163, 35 Stat. 125.) § 3097. Issue of old model ammunition to certain institutions—Hereafter ammunition of older model than current may be issued for the instruction in target practice of students at the institutions to which the issue of artillery is authorized to the value Of not more than five thousand dollars of Original º, in any one year. (March 3, 1909, c. 251, 35 Stat. 730. . - § 3098. Sale of obsolete small arras, to patri- otic organizations—The Chief of Ordnance is hereby authorized to sell without advertisement to patriotic Organizations for military purposes surplus Obsolete Small arms and their equipments and ammunition at Such prices as he may deem reasonable and just: Provided, That hereafter Obsolete Small arms and their equipment and ammunition Shall not be dis- posed of to such organizations except as provided for in this Act. (May 28, 1908, c. 215, § 14, 35 Stat. 443.) § 3.099. Sale of smooth-bore cannion for ex- perimental purposes—The Secretary of War and the Secretary of the Navy are hereby authorized to sell to projectors of methods of conversion, for experi- mental purposes Only, any smooth-bore cannon on hand required by them, at prices which shall not be less than have been received from auction sales for Such articles, and deliver the same, at the cost of the Government, at the nearest convenient place for ship- ment or public transportation; the cost of delivery to be deducted from the proceeds of Sales, and the bal- ance to be covered into the Treasury of the United States. (July 5, 1884, c. 235, § 3, 23 Stat. 159.) § 3100. Sale of ordnance and stores to de- signers—The Secretary of War is hereby authorized to Sell to American designers such serviceable Ord- Thance and Ordnance stores as may be necessary in the development of designs which may be used in the military service: Provided, That such Ordnance and Ordnance Stores can be spared for the purpose, and funds arising from Such sales shall be available to replace like Ordnance and ordnance stores. (April 23, 1904, c. 1485, 33 Stat. 276.) § 3101. Issue of obsolete or condemned ord- nance to Soldiers’ Homes—The Chief of Ordnance is authorized to issue such obsolete or condemned ord- nance, gun Carriages and ordnance stores, as may be needed for ornamental purposes, to the Homes of Disabled Volunteer Soldiers, the Homes to pay for transportation and such other expenses as are neces- sary. (March 3, 1899, c. 423, 30 Stat. 1073.) § 3102. Loan or gift of condemned ordnance to soldiers’ monument associations—The Secretary of War and the Secretary of the Navy are each here- by authorized, in their discretion, to loan or give to Soldiers’ monument associations, posts of the Grand Army of the Republic, and municipal Corporations, condemned Ordnance, guns, and cannon balls Which may not be needed in the service of either Of Said De- partments. - Such loan or gift shall be made Subject to rules and regulations COVering the Same in each Depart- ment, and the Government shall be at no expense in Connection with any such loan. Or gift. (May 22, 1896, c. 231, 29 Stat. 133.), - § 3103. Sales of obsolete ordnance for public parks—The Chief of Ordnance is hereby authorized to sell without advertisement for public parks, pub- lic buildings, and soldiers’ monuments purposes Sur- plus obsolete brass Or bronze Cannon, carriages, and cannon balls at Such prices as he may deem reasonable and just: Provided, That hereafter obsolete brass or bronze cannon and their accessories shall not be dis- posed of for such purposes except as provided for in this Act. (March 4, 1909, c. 319, § 47, 35 Stat. 1075.) § 3104. Sale of individual pieces of armament –Individual pieces of United States armament which are not needed on account of historical value, and can be advantageously replaced, may be sold at a price not less than their cost price, when there exist for such Sale Sentimental reasons adequate in the judgment of the Secretary of War or Secretary of the Navy. (March 2, 1905, c. 1307, 33 Stat. 841.) § 3105. Sales of ordnance property to Navy and Marine Corps officers—Articles of ordnance property may be sold by the Chief of Ordnance to Officers of the Navy and Marine Corps, for their use in the public Service, in the same manner as these ar- ticles are now sold to officers of the army. 3, 1909, c. 252, 35 Stat. 751.) - § 3106. Sales of ordnance stores to civilian employés and Red Cross—Sales of Ordnance stores are authorized to civilian employees of the army and to The American National Red Cross under such regu- lations as may be prescribed by the Secretary of War. (March 3, 1909, c. 252, 35 Stat. 750.) - § 3106a. Sale of ordnance and stores to Cuba— The Secretary of War is hereby authorized to sell, at the prices fixed and published by the Chief of Ord- nance, to the Government of Cuba such articles and Quantities Of Ordnance and ordnance stores as may be desired by that Government for the equipment of its troops and as may be approved by the President of the United States. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 643.) - § 3107. Application of proceeds of disposition of ordnance, and stores—Hereafter all moneys arising from disposition authorized by law and regu- lation of Serviceable Ordnance and ordnance stores Shall Constitute one fund on the books of the Treasury (March Department, which shall be available to replace Ord- nance and Ordnance stores throughout the fiscal year in Which the disposition was effected and throughout #. following year. (April 23, 1904, c. 1485, 33 Stat. $ 8108. Payment for transfers of ordnance or stores to bureaus or departments—Hereafter when authorized transfers or sales of ordnance or ordnance Stores are made to another bureau of the War Depart- ment, or to another executive department of the Gov- ernment, payment therefor shall be made by the prop- er disbursing officer of the bureau, office, or depart- ment concerned. When the transaction is between two bureaus of the War Department, the price to be charged shall be the cost price of the stores, including the cost of inspection. When the transaction is be. tWeen the Ordnance Department and another execu- tive department of the Government, the price to be charged shall include the cost price of the stores and the costs of inspection and transportation. (Aug. 24, 1912, c. 391, 37 Stat. 589.) § 3109. Machine for testing iron and steel; private use—The Secretary of War is hereby author- ized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment Of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be SO adjusted from time to time as to defray the actual cost of the tests as near as may be. (June 20, 1878, c. 359, § 1, 20 Stat. 223.) § 3110. Same; private use; reports of tests —Hereafter the tests of iron and steel and other ma- terials for industrial purposes shall be continued, and report thereof shall be made to Congress: And pro- vided further, That in making tests for private citi- zens the Officer in Charge may require payment in advance, and may use the funds SO received in mak- ing such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance § 3110a (Tit. 17 ARMS, ARMORIES, AND ARSENALS [Page 426] shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be fur- nished said society, to be by them published at their own expense. (March 3, 1885, c. 360, § 1, 23 Stat. 478.) § 3110a. Gauges, dies, and tools for manufac- ture of arms—The Secretary of War be, and he is hereby, authorized to prepare or cause to be prepared, to purchase Or Otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appli- ances, including specifications and detailed drawings, aS may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be requir- ed by the United States in time of war: That in the expenditure of any sums appropriated to Carry out the purposes of this section the existing laws prescribing competition in the procurement of Supplies" by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. (June 3, 1916, c. 134, § 123, 39 Stat. 215.) § 3110b. Nitrate plants—The President Of the United States is hereby authorized and empowered to make, or cause to be made, such investigation as in his judgment is necessary to determine the best, Cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and Other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also hereby authorized and empowered to des- ignate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site Or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the pur- poses of this Act; and is further authorized to con- Struct, maintain, and Operate, at Or on any site Or sites SO designated, dams, locks, improvements to navigation, power houses, and other plants and equip- ment Or Other means than water power as in his judg- ment is the best and cheapest, necessary Or Convenient for the generation of electrical or other power and for the production of nitrates or other products need- ed for munitions of war and useful in the manufac- ture of fertilizers and Other useful products. The President is authorized to lease, purchase, or acquire, by condemnation, gift, grant, or devise, Such lands and rights Of Way as may be necessary for the construction and operation of such plants, and to take from any lands of the United States, or to purchase or acquire by condemnation materials, minerals, and processes, patented or Otherwise, nec- essary for the construction and operation of such plants and for the manufacture of such products. The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any Surplus which he shall determine is not required shall be sold and disposed of by him under Such regulations as he may prescribe. - The President is hereby authorized and empowered to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to Carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to per- form any and all Of the duties imposed upon him by the provisions hereof. - - - The sum of $20,000,000 is hereby appropriated, out of any moneys in the Treasury not otherwise ap- propriated, available until expended, to enable the President of the United States to carry out the pur- poses herein provided for. - The plant or plants provided for under this Act shall be constructed and operated solely by the Gov- ernment and not in conjunction with any other in- Provided, dustry or enterprise carried on by private capital. (June 3, 1916, c. 134, § 124, 39 Stat. 215.) Issue of bonds to carry out provisions of this section, ** ºb. Acquisition of stocks of nitrate of soda, see - - I”. Chapter B–Board of Ordnance and Sec. Fortification 3111. Composition; powers and duties. 3112. Additional civilian member; expenses; report. 3113. Additional members selected from Artillery Corps. 3114. Persons who may not be members. - 8115. Purchases; investigations and tests; limit of expendi- ture. - - § 3111. Composition; powers and duties—The appropriations hereinafter provided for shall be avail- able until expended and shall be expended under the direct Supervision of a board to consist of [the Com- manding General of the Army], an Officer of Engi- neers, an Officer of Ordnance, and an Officer of Artil- lery, to be selected by the Secretary of War, to be called and known as the Board of Ordnance and Fortification; and said Board shall be under the direction. Of the Secretary of War and Subject to his supervision and control in all respects, and shall have power to provide suitable regulations for the inspection of guns and materials at all stages of manu- facture to the extent necessary to protect fully the interests of the United States, and generally to pro- vide such regulations Concerning matters within said Board's operations as shall be necessary to carry out to the best advantage all duties committed to its charge: Provided, That subject to the foregoing provisions the expenditure shall be made by the sev- eral Bureaus of the War Department having jurisdic- tion of the same under existing law. (Sept. 22, 1888, c. 1028, § 1, 25 Stat. 489.) Text in brackets superseded by § 1763. Recent annual appropriation acts in the appropriations for the fortifica– tions for the Board provide that the expenditures shall be made by the several Bureaus of the War Department, etc., or by the Board itself. See Act Feb. 14, 1917, c. 54, § 1, 39 Stat. 913. - § 3112. Additional civilian member; expenses; report—Board of Ordnance and Fortification: * * And One additional member shall be added to said BOard Of Ordnance and FOrtification Who Shall be a civilian and not an ex-officer of the regular Army or Navy, and he shall be nominated by the President, and by and with the advice and consent of the Sen- ate, appointed, and shall be paid a Salary of five thousand dollars per annum and actual traveling ex- penses when traveling on duty: Provided, That the Board Of Ordnance and FOrtification shall make an annual report to Congress through the Secretary of War, on the first Monday in December in each year, showing the general operations of the Board and shall give a detailed statement of all contracts, al- lotments and expenditures made by the Board. (Feb. 24, 1891, c. 283, § 1, 26 Stat. 769.) § 3113. Additional members selected from Artillery Corps—The Secretary of War is hereby authorized to appoint two additional members for the Board of Ordnance and Fortification, both of whom shall be selected from the Artillery Corps. (March 2, 1901, c. 803, 31 Stat. 910.) § 3114. Persons who may not be members— Hereafter no person shall be a member of or Serve on said Board who has been or is in any manner in- terested in any invention, device, or patent which, or anything similar to which, has been considered or may be considered by or come before said Board for test or adoption; or who is Connected with or in the em- ploy of any manufacturer who has or shall have con- tracts with the United States for any Ordnance mate- rials. (Feb. 18, 1893, c. 136, § 1, 27 Stat. 458.) § 3115. Purchases; investigations and tests; limit of expenditure—The Board is authorized to make all needful and proper purchases, investigations, Tit. 17A) NATIONAL DEFENSE [Page 427] - experiments, and tests, to ascertain with a view to their utilization by the Government, the most effective guns, including multicharge guns and the Conversion of Parrott and other guns on hand, small arms, car- tridges, projectiles, fuzes, explosives, torpedoes, armor- plates, and other implements and engines of war; and the Secretary of War is hereby authorized to purchase Or cause to be manufactured, such guns, Carriages, armor-plates, and other war materials and articles as may, in the judgment of said Board, be necessary in the proper discharge of the duty herein devolved upon them: Provided, That the amount expended and liabilities incurred in such purchases, investigations, experiments, and tests shall not exceed five hundred thousand dollars which sum is hereby appropriat- ed. * * T . . Under the provisions of this section there shall not be expended or contract or contracts entered into in- volving the Government in an aggregate expenditure exceeding six million five hundred thousand dollars, nor an expenditure on the part Of the Government in any one fiscal year in excess of two million dollars, and all guns and materials purchased under author- ity of this section shall be of American production and furnished by citizens of the United States. (Sept. 22, 1888, c. 1028, § 6, 25 Stat. 490.) See current appropriation act for provisions relating to purchase, manufacture, etc., of guns, Act Feb. 14, 1917, c. 54, 39 Stat. 909. - TITLE XVII A–NATIONAL DEFENSE COUNCIL OF NATIONAL DEFENSE Composition of. Advisory commission. Duties of Council. 3115d. Rules and regulations; mittees. 3115e. Reports. 31156.e. Powers and duties of Council not enlarged. MOBILIZATION OF INDUSTRIES Board created. Purchase or procurement of military supplies. Lists and information of manufacturing plants. ADVISORY COMMITTEE FOR AERONAUTICS Members; appointment; duties; regulations. Appropriation for expenses; reports. WHARVES, DOCKs, PIERS, ETC. 3.115.jj. Acquisition of docks of certain corporations. AIRCRAFT BOARD AND AIRCRAFT PATENT3 3115*/s2a. Board; purpose of. 31153/sab. Same;, number; appointment. 3115*/sec. Same; terms of office; compensation. 3115*/a2 d. Same; powers and duties. 3115*/age. Same; clerks and employés, etc. 3115*/s2.f. Purchase of patents. NATIONAL WAR, LABOR BOARD \ Proclamation. SPECIAL PRE PAREDNESS FUND Act Repealed. SHIPS AND WAR MATERIAL (a) Purchase in time of war or emergency; stions. (b) Same; Orders. (d) Same; compensation for requisitioning factories. Orders for ships or material; contracts; requisi- tion of plants or outputs; purchase of ships al- ready constructed; taking possession; orders; compensation. 31151/16 dd. Same; compensation for property taken. CONSERVATION OF FOOD, FUEL AND NECESSARIES 31.15%a. Authority and powers conferred. 31.15%aa. Investigation by Secretary of Agriculture. 31.15%b. Purchase of seeds for crops. • 31.15%bb. Co-operation with state and local officials. 31.15% c. Co-operation of government agencies with Secretary of Agriculture. 31.15% co. Definitions. 31.15%d. Appropriations. - - 31.15%dd. Termination of effective force of act. CONSERVATION OF SUPPLY AND CONTROL OF DISTRIBUTION OF NECESSARIES 31.15%e. Authority conferred; rules and regulations. 31.15% ee. Use of agencies and services of persons without compensation. - - 31.15%f. Interest of agents or employés in contracts. 31.15%ff. Destruction, waste, or monopolies of necessaries; discriminations, unfair practices or unjust charges; - Conspiracies. - 31.15%g. Lºs to import, manufacture or distribute neces- Sa...I’leſs. 31.15%gg. Hoarding necessaries; 31.15%h. Same; seizure by libel. 31.15%hh. Destroying necessaries to enhance price. 31.15%i. Conspiring to "limit distribution of necessaries. 31.15%ii. Requisition of supplies for army or navy. Sec. . 31.15a. 31.15b. 3.115c. Subordinate bodies and com- 3115f. 31.15g. 3.115.h. 3.115i. 3.115.j. 3115*/16 a. defini- 3.115*/16b. 3115*/16 c. 3115*/18 d. power of President; compliance with punishment. 31.15%j. "Purchase and sale of wheat, flour, meal, beans and potatoes. Sec. 31.15%jj. Same; requisition and operation of factories, pack- ing houses, oil pipe lines or mines. - 31.15%k. Regulations to prevent “evil practices.” - 31.15%kk. Stimulation of production of wheat; guaranteed price. 31.15%l. Distilled spirits; use of; food, or food materials in production of. - 31.15%ll. Same; taking over by government. 31.15%m. Interference, etc., with officers. 31.15%mm. Appropriation for expenses. 31.15% n. Appropriation for other uses. 31.15%rin. Exemption of employés from military service. 31.15% o. Annual reports of proceedings. 31.15% oo. Partial invalidity of act. 31.15%p. Definitions. 31.15%pp. Time when act ceases to be operative. 31.15%q. Coal and coke; fixing prices; regulation of produc- tion and sale. 31.15%qq. Holding or destroying necessaries. 31.15%r. Nitrate of soda ; acquisition and sale of stocks of. 31.15%rr. Same; proceeds of sale of. - MANUFACTURE, ETC., OF EXPLOSIVES 31.15%a. Manufacture, distribution, storage, use or possession regulated in War time. - 31.15%aa. Definitions. 31.15%b. Ingredients defined. 31.15%bb. Person defined. - 31.15% c. Purchase, possession, or sale contrary to act. 31.15% co. Transportation. 31.15%d. License for manufacture. 31.15%dd. Information from licensee or applicant for license. 31.15%.e. Records of sales. - - - 31.15% ee. Licenses; to whom issuable. 31.15%f. Same; persons entitled to. 31.15%ff. Same; applications for. 31.15% Inspectors; appointment. 31.15%gg. False representations as to licenses. 8115%h. Divulgence of information. 31.15%.hh.. Marking, defining and placarding premises. 31.15%i. Exclusion from premises where manufactured or 31.15%d. stored. 31.15%ii. Rules and regulations. 31.15%j. Violations of act. 31.15%jj. Investigation of explosions and fires. - 31.15%k. Use of agencies of United States, States, etc. 31.15%kk. Appropriation. - TRADING WITH this ENEMY 31.15%a. Designation of act. 31.15%aa. Definitions. 31.15%b. Acts prohibited. (a) Trading without license. - (b) Transporting without license. - (c) Sending into or from United States letters. (d) Censorship of communications. by. - - 31.15%bb. (a) Licenses to enemy or ally of enemy insurance - or reinsurance companies. - (b) Change of name; foreign insurance companies doing business in United States. - 31.15% c. (a) Suspension of provisions of act relating to ally of enenly. - - - (b) Regulation of transactions in foreign exchange of gold or silver. - 31.15% co. Alien property custodian ; general powers and duties. (a) Lists of enemy or ally of enemy officers, direc- tors or stockholders of corporations in United. States. - t (b) Acts constituting trade with enemy prior to pas- Sage of act. - (c) Requiring property Custodian. - - - (d) Voluntary payment of property to alien property custodian by holder. (e) Acts under order, rule, or regulation of President. conveyed to alien property ź 3115a (Tit. 17A NATIONAL DEFENSE [Page 4281 Sec. * 31.15%dd. (a) Contracts, mortgages, or pledges against or with enemy or ally of enemy. (b) Abrogation of contracts. (c) Suspension of running of statutes of limitations. 31.15%.e. Clºs to property transferred to alien property cus- O'Cila, Il. 31.15% ee. Acts permitted. (a) Applications for letters patent, or registration of trade-mark or copyright. (b) Payment of tax in relation to patents, trade- marks or copyrights, (c) Licenses to manufacture or use, articles cover- ed by patent or copyright owned by enemy or ally of enemy. (d) Same; statements by licensees. (e) Same; term; cancellation. (f) Same; suits against licensee. (g) Festraining infringement of patents or copy- rights by enemy or ally of enemy. (h) Powers of attorney. (i) PCeeping secret inventions. 31.15%f. Importations prohibited. 31.15%ff. Property transferred to alien property custodian, disposition of. 31.15%g. Statements by masters of vessels and owners of car- goes before granting clearances. 31.15%gg. Same; refusal of clearance; reports of gold or sil- ver coin in cargoes for export. 31.15%h. Appropriation for expenses. 31.15%hh. Offenses; punishment; forfeitures of property. 31.15%i. Rules by district courts; appeals. 31.15%ii. Jurisdiction of courts of Philippine and Canal Zone of , offenses. 31.15%j. Print, newspaper or publication in foreign languages. FEDERAL CONTROLLED THANSPORTATION SYSTEMS 31.15%a. Agreements as to compensation; operating income; war taxes; maintenance; railroads included. 31.15%b. Payment of compensation without agreements. 31.15% c. Claims for compensation; agreements. 31.15%d. Increase of compensation. 31.15% e. Payment of dividends. 31.15%f. Revolving fund; additions; betterments. 31.15%g. Bonds for maturing obligations; reports. 31.15%h. Powers of President; advice of Interstate Commerce Commission. - - 31.15%i. Act Aug. 29, 1916, c. 418 to remain in force; powers of President. 31.15%j. Liabilities of carriers; actions by and against. 31.15%k. Violations of act; punishment. 31.15%l. Operating receipts. 31.15%m. Pending cases against carriers. 31.15% n. Time of federal control. 31.15% o. Existing laws or powers of states. 31.15%p. Act declared emergency legislation. WAR FINANCE CORPORATION AND CAPITAL ISSUES COMMITTEE TITLE I–wAR FINANCE CORPORATION 31.15%a. Persons composing. 31.15%aa. Capital stock. 31.15%b. Directors. 31.15%;c. Same; salaries. 31.15%;cc. Office; branch offices. 31.15%d. Seal ; corporate powers. f 31.15%dd. Advances to banks, bankers, or trust companies. 31.15%e. Advances to savings banks, banking institutions or trust companies; security for. 31.15% ee. Advances to persons, firms or corporations. 31.15%f. Limitation of aggregate amount of advances. 31j64%ff. Purchase of bonds of United States. 31.15%g. Bonds of corporations; issue, etc. 31.15%gg. Same; discount by Reserve banks of obligations of member banks secured by. 31.15%h. Authorization to commence business. 31.15%hh. Net earnings to constitute reserve fund; ries and fiscal agents of. further deposita- 31.15%i. Bonds of Corporation; exemption from taxation. 31.15%ii. Same; United States not liable for. 31.15%j. Offenses; punishment. 31.15%k. Reports. TITſ, E II—CAPITAL ISSUES COMMITTEE, 31.15%kk. Members; interest of members. 31.15%l. Officers and employés. 31.15%ll. Expenses; office. - 31.15%m. Powers as to issue of Securities by corporations. 31.15%mm. Appropriation. 31.15% n. Reports. 31.15% nn. Time of effective operation of title. TITLE III—MISCELLANIEOUS 31.15% o. Offenses; punishment. 31.15%p. Partial invalidity of act. 31.15%pp, “Securities” defined. 31.15%q. Amendment or repeal of act. 31.15%qq. Short title of act. HOUSING FOR WAR.—INDUSTRY EMPLOYES 31.15%a. Acquisition of lands, houses and furnishings. 31.15%b. Compensation for property acquired. 31.15%.c. Possession and occupancy of property. | Sec. 31.15%d. 31.15% e. “Person” defined. Disposition of property on termination of act. 31.15%f. Reports to Congress. 31.15%g. Contracts; letting. 31.15%gg. Corporations to carry out act. 31.15%h. Appropriation. 31.15%i. Revolving fund. COUNCIL OF NATIONAL DEFENSE § 3115a. Composition of—A Council of National Defense is hereby established, for the coordination Of industries and resources for the national security and Welfare, to consist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Com- Imerce, and the Secretary of Labor. (Aug. 29, 1916, c. 418, § 2, 39 Stat. 649.) § 311.5b. Advisory commission—The Council of National Defense shall. nominate to the President, and the President shall appoint, an advisory commis- Sion, Consisting of not more than seven persons, each Of Whom shall have special knowledge of Some indus- try, public utility, or the development of some natural resource, or be otherwise specially qualified, in the Opinion Of the Council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensa- tion, but shall be allowed actual expenses of travel and Subsistence when attending meetings of the Com- mission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as Shall be called by the council or be pro- Vided by the rules and regulations adopted by the Council for the conduct of its work. (Aug. 29, 1916, c. 418, § 2, 39 Stat. 649.) § 3115c. Duties of Council—It shall be the duty Of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible eXpeditious concentration of troops and supplies to points of defense; the coordination of military, in- dustrial, and commercial purposes in the location of eXtensive highways and branch lines of railroad ; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of do- Imestic production of articles and materials essential to the Support of armies and of the people during the interruption of foreign commerce; the develop- Iment Of Seagoing transportation ; data as to amounts, location, method and means of production, and availa- bility of military Supplies; the giving of information to producers and manufacturers as to the class of Sup- plies needed by the military and Other Services Of the Government, the requirements relating thereto, and the Creation. Of relations which Will render possible in time of need the immediate COncentration and utilization of the resources of the Nation. (Aug. 29, 1916, c. 418, § 2, 39 Stat. 649.) § 3115d. Rules and regulations; subordinate Thodies and committees—The Council of National Defense shall adopt rules and regulations for the Con- duct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the Special knowledge of Such Commission may be developed by suitable investigation, research, and inquiry and made available in conference and re- port for the use of the council; and the council may organize subordinate bodies for its assistance in Spe- cial investigations, either by the employment of ex- perts or by the creation of committees of Specially qualified persons to serve without compensation, but to direct the investigations Of expertS SO employed. (Aug. 29, 1916, c. 418, § 2, 39 Stat. 650.) § 3115e. Reports—The sum of $200,000, or So much thereof as may be necessary, is hereby appro- priated, out of any money in the Treasury not "other- rit. 17A) 3 3115i NATIONAL DEFENSE wise appropriated, to be immediately available for experimental work and investigations undertaken by the council, by the advisory commission, or subordi- nate bodies, for the employment of a director, expert and clerical expenses and supplies, and for the nec- essary expenses of members of the advisory commis- Sion Or Subordinate bodies going to and attending meetings Of the commission or subordinate bodies. Reports shall be submitted by all subordinate bodies and by the advisory Commission to the council, and from time to time the council shall report to the Pres- ident or to the heads of executive departments upon Special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement Of the activities of the council and the agencies sub- Ordinate to it as is consistent with the public inter- est, including an itemized account of the expenditures made by the council or authorized by it, in as full de- tail as the public interest will permit: Provided, how- ever, That when deemed proper the President may au- thorize, in amounts stipulated by him, unvouchered ex- penditures and report the gross sums so authorized not itemized. (Aug. 29, 1916, c. 418, § 2, 39 Stat. 650.) § 3115ee. Powers and duties of Council not enlarged—Council of National Defense. For expens- es of eXperimental work and investigations under- taken by the Council of National Defense, employment Of experts, and at rates of compensation authorized by Section one hundred and sixty-seven of the Revised Statutes of the United States of clerical and other assistance, supplies, including books of reference and periodicals, and for necessary expenses of members of the Council, of the advisory commission, or sub- Ordinate bodies going to and attending meetings of the Commission or subordinate bodies, $500,000 : Pro- Vided, That of the appropriations herein and hereto- fore made for the Council of National Defense there may be expended for rental of quarters in the Dis- trict of Columbia not to exceed $25,000 in the aggre- gate for the fiscal year nineteen hundred and seventeen and not to exceed $50,000 for the fiscal year nineteen hundred and eighteen: Provided further, That in the expenditure Of Said moneys the existence of a state of War shall not be construed as enlarging the powers or duties of the Council of National Defense, but that such powers and duties shall remain as pre- Scribed by the Act creating said council, approved Au- gust twenty-ninth, nineteen hundred and sixteen. (June 15, 1917, c. 29, § 1, 40 Stat. 182.) MOBILIZATION OF INIOUSTRIES § 3115f. Board created—The President is hereby authorized, in his discretion, to appoint a Board on Mobilization of Industries Essential for Military Pre- paredness, nonpartisan in character, and to take all necessary Steps to provide for such clerical assistance as he may deem necessary to organize and coordinate the work hereinbefore described. (June 3, 1916, c. 134, § 120, 39 Stat. 214.) § 3115g. Purchase or procurement of military supplies–The President, in time of war or when War is imminent, is empowered, through the head of any department of the Government, in addition to the - present authorized methods of purchase or procure- ment, to place an order with any individual, firm, as- Sociation, company, corporation, or organized manu- facturing industry for such product or material, as may be required, and which is of the nature and Kind usually produced or capable of being produced by Such individual, firm, company, association, corpora- tion, or Organized manufacturing industry. Compliance with all such orders for products or material shall be obligatory on any individual, firm, aSSOQiation, Company, corporation, or organized man- ufacturing industry or the responsible head or heads thereof and shall take precedence over all other or- ders and contracts theretofore placed with such indi- [Page 429] - Vidual, firm, company, association, corporation, or or- ganized manufacturing industry, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equip- ped for the manufacture of arms or ammunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, as- Sociation, Company, corporation, or organized manu- facturing industry or the responsible head or heads thereof owning or operating any manufacturing plant, Which, in the Opinion of the Secretary of War shall be capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who Shall refuse to give to the United States such prefer- ence in the matter of the execution of Orders, Or Who Shall, refuse to manufacture the kind, quantity, or Quality of arms or ammunition, or the parts thereof, Or any necessary supplies or equipment, as Ordered by the Secretary of War, or who shall refuse to fur- Inish Such arms, ammunitions, or parts of ammunition, or other Supplies or equipment, at a reasonable price as determined by the Secretary of War, then, and in either such case, the President, through the head of any department of the Government, in addition to the present authorized methods Of purchase or procure- ment herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, Or when war shall be imminent, such product or ma- terial as may be required, and any individual, firm, COmpany, a SSOciation, Or Corporation, Or Organized manufacturing industry, or the responsible head or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon Conviction shall be punished by imprisonment for not more than three years and by a fine not ex- ceeding $50,000. The COImpensation to be paid to any individual, firm, Company, association, corporation, or organized man- ufacturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. (June 3, 1916, c. 134, § 120, 39 Stat. 213.) § 3115h. Lists and information of manufac- turing plants—The Secretary of War shall also make, Or Cause to be made, a complete list of all pri- Vately OWned plants in the United States equipped to manufacture arms or ammunition, or the component parts thereof. He shall obtain full and complete in- formation regarding the kind of arms or ammunition, Or the Component parts thereof, manufactured or that Can be manufactured by each such plant, the equip- ment in each plant, and the maximum capacity there- of. He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into aminunition factories in time of War Or when war shall be imminent ; and as to all such plants the Secretary of War shall obtain full and com- plete information as to the equipment of each Such plant, and he shall prepare comprehensive plans for transforming, each such plant into an ammunition fac- tory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. (June 3, 1916, c. 134, § 120, 39 Stat. 214.) ADVISORY COMMITTEE FOR AERONAUTICS § 3115i. Members; appointment; duties; reg- ulations—An Advisory Committee for Aeronautics is hereby established, and the President is authorized to appoint not to exceed twelve members, to consist of two members from the War Department, from the office in charge of military aeronautics; two members # 8115 (Tit. 17A NATIONAL DEFENSE IPage 430] from the Navy Department, from the office in charge of naval aeronautics; a representative each of the Smithsonian Institution, of the United States Weath- er Bureau, and of the United States Bureau of Stand- ards; together with not more than five additional persons who shall be acquainted with the needs of aeronautical science, either civil or military, or skill- ed in aeronautical engineering or its allied sciences: |Provided, That the members of the Advisory Commit- tee for Aeronautics, as such, shall serve without Com- pensation: Provided further, That it shall be the du- ty Of the Advisory Committee for Aeronautics to Supervise and direct the scientific study of the prob- lems of flight, with a view to their practical solution, and to determine the problems which should be ex- perimentally attacked, and to discuss their solution and their application to practical questions. In the event of a laboratory or laboratories, either in whole Or in part, being placed under the direction of the Committee, the committee may direct and conduct re- Search and experiment in aeronautics in such labora- tory or laboratories: And provided further, That rules and regulations for the Conduct of the work Of the committee shall be formulated by the committee and approved by the President. 38 Stat. 930.) § 3115.j. Appropriation for expenses; reports —The sum of $5,000 a year, or so much thereof as Imay be necessary, for five years is hereby appropri- ated, out of any money in the Treasury not otherwise appropriated, to be immediately available, for ex- perimental work and investigations undertaken by the Committee, clerical expenses and supplies, and neces- Sary expenses of members of the COmmittee in going to, returning from, and while attending, meetings of the committee: Provided, That an annual report to the Congress shall be submitted through the Presi- dent, including an itemized statement of expenditures. (March 3, 1915, c. 83, 38 Stat. 930.) WHARVES, DOCKS, PIERS, ETC. § 3115.jj. Acquisition of docks of certain cor- porations—The President is authorized to acquire the title to the docks, piers, warehouses, wharves, and terminal equipment and facilities on the Hudson Riv- er now owned by the North German Lloyd Dock Com- pany and the Hamburg-American Line Terminal and Navigation Company, two corporations of the State of New Jersey, if he shall deem it necessary for the national security and defense: Provided, That if such property can not be procured by purchase, then the President is authorized and empowered to take over for the United States the immediate possession and title thereof. If any such property shall be taken Over as aforesaid, the United States shall make just compensation therefor to be determined by the Presi- dent. Upon the taking over of said property by the President, as aforesaid, the title to all such property so taken over shall immediately West in the United States: Provided further, That section three hun- dred and fifty-five of the Revised Statutes of the Unit- ed States shall not apply to any expenditures herein or hereafter authorized in connection with the prop- erty acquired. (March 28, 1918, c. 28, § 1, 40 Stat.) AIRCRAFT BOARD AND AIRCRAFT PATENTS § 31151/32 a. Board; purpose of—For the pur- pose of expanding and Coordinating the industrial ac- tivities relating to aircraft, or parts of aircraft, pro- duced for any purpose in the United States, and to facilitate generally the development of air service, a board is hereby created, to be known as the Air- craft Board, hereinafter referred to as the board. (Oct. 1, 1917, c. 61, § 1, 40 Stat. 296.) § 31151/32b. Same; number; appointment— The board shall number not more than nine in all, and shall include a civilian Chairman, the Chief Sig- nal Officer of the Army, and two other officers of the Army, to be appointed by the Secretary of War; the (March 3, 1915, c. 83, | Chief Constructor of the Navy and two other officers Of the Navy, to be appointed by the Secretary of the Navy; and two additional civilian members. The Chairman and civilian members shall be appointed by the President, by and with the advice and consent of the Senate. (Oct. 1, 1917, c. 61, § 2, 40 Stat. 296.) § 31151/32c. Same; terms of office; compen- sation—Said board and tenure of office of the mem- berS thereof shall continue during the pleasure of the President, but not longer than six months after the present war. The civilian members of the board shall Serve without compensation. (Oct. 1, 1917, c. 61, $ 3, 40 Stat. 297.) § 31151/3 2d. Same; powers and duties—The board is hereby empowered, under the direction and Control of and as authorized by the Secretary of War and the Secretary of the Navy, respectively, on behalf of the Departments of War and Navy, to supervise and direct, in accordance With the requirements preScribed Or approved by the respective departments, the purchase, production, and manufacture of aircraft, engines, and all ordnance and instruments used in Connection thereWith, and accessories and materials therefor, including the purchase, lease, acquisition, or construction of plants for the manufacture of aircraft, engines, and accessories: Provided, That the board may make recommendations as to contracts and their distribution in Connection with the foregoing, but every contract shall be made by the already consti- tuted authorities of the respective departments. (Oct. 1, 1917, c. 61, § 4, 40 Stat. 297.) § 3115i/32e. Same; clerks and employés, etc. —The board is also empowered to employ, either in the District of Columbia or elsewhere, such clerks and Other employees as may be necessary to the Con- duct Of its business, including such technical experts and advisers as may be found necessary, and to fix their salaries. Such salaries shall conform to those usually paid by the Government for similar service: Provided, That by unanimous approval of the board higher compensation may be paid to technical eX- perts and advisers. The board may rent Suitable Of- fices in the District of Columbia. Or elsewhere, pur- Chase necessary Office equipment and supplies, includ- ing scientific publications and printing, and may in- Cur necessary administrative and contingent expenses, and for all of the expenses enumerated, in this para- graph there shall be allotted by the Chief Signal Of- ficer of the Army for the fiscal year nineteen hundred and Seventeen and nineteen hundred and eighteen the sum of $100,000, or so much thereof as shall be neces- sary, from any appropriation now existing for Or hereinafter made to the Signal Corps of the Army, and such appropriation is hereby made available for these purposes: Provided further, That except upon the joint and concurrent approval of the Secretary Of War and the Secretary of the Navy there shall not be established or maintained under the board any of— fice or organization duplicating or replacing, in whole or in part, any office or Organization now existing that can be properly established Or maintained by appropriations made for or available for the military or naval services: Provided further, That a report shall be made to Congress On the first day of each regular session of the salaries paid from this appro- priation to Clerks and employees by grades, and the number in each such grade. (Oct. 1, 1917, C. 61, § 5, 40 Stat. 297.) § 31151/32f. Purchase of patents—To enable the Secretary of War and the Secretary of the Navy to secure by purchase, condemnation, donation, or otherwise, such basic patent or patents as they may consider necessary to the manufacture and develop- ment of aircraft in the United States and its de- pendencies, for governmental and Civil purposes, un- der Such regulations as the Secretary of War and the Secretary of the Navy may prescribe, $1,000,000. Provided, That such arrangements may be made Tit. 17A) NATIONAL DEFENSE A1151/22f - | IPage 43 in relation to the purchase of any basic patent con- | nected With the manufacture and development of air- Craft in the United States as in the judgment of the Secretary of War and the Secretary of the Navy will be of the greatest advantage to the Government and to the development of the industry. Provided further, That in the event there shall be pending in Court litigation involving the validity of Said patent or patents, bond, with good and approved Security in an amount sufficient to indemnify the United States, shall be required, payable to the Unit- ed States, conditioned to repay to the United States the amount paid for said patent or patents in the event Said patent or patents are finally adjudged in- Valid. (March 4, 1917, c. 180, 39 Stat. 1169.) NATIONAL WAR LABOR BOARD Proclamation issued by the President, April 8, 1918, re- lating to National War Labor Board, as follows: “Whereas, in January nineteen hundred and eighteen, the Secretary of Labor, upon the nomination of the Pres- ident of the American Federation of Labor and the Pres- ident of the National Industrial Conference Board, ap- pointed a War Labor Conference Board for the purpose of devising for the period of the war a method of labor adjustment which would be acceptable to employers and employees; and - “Whereas, said Board has made a report recommending the creation for the period of the war of a National War Labor Board with the same number of members as, and to be selected by the same agencies that created, the War Labor Conference Board, whose duty it shall be to adjust labor disputes in the manner specified, and in accordance with certain conditions set forth in the said report; and “Whereas, the Secretary of Labor has, in accordance with the recommendation contained in the report of said War Labor Conference Board dated March 29, 1918, ap- pointed as members of the National War Labor Board Hon. William Howard Taft and Hon. Frank P. Walsh, rep- reselltatives of the General Public of the United States; Messrs. Loyall A. Osborne, L. F. Loree, W. H. Van Der- Voort, C. E. Michael and B. L. Worden, representatives of the employers of the United States; and Messrs. Frank J. Hayes, William L. Hutcheson, William H. Johnston, Vic-, tor A. Clander and T. A. Rickert, representatives of the employees of the United States: “Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby approve and affirm the said appointments and make due proclamation thereof and of the following for the information and guidance of all concerned: * “The powers, functions, and duties of the National War Labor Board shall be: To settle by mediation and eonciliation controversies arising between employers and workers in fields of production necessary for the effec- tive conduct of the war, or in other fields of national ac- tivity, delays and obstructions in which might, in the opinion of the National Board, affect detrimentally Such production; to provide, by direct appointment, or other- wise, for committees or boards to sit in Various parts of , the country where controversies arise and Secure settle- ment by local mediation and conciliation; and to summón the parties to controversies for hearing and action by the National Board in event of failure to Secure Settlement by mediation and conciliation. “The principles to be observed and the methods to be followed by the National Board in exercising Such powers and functions and performing such duties shall be those specified in the said report of the War Labor Conference Board dated March 29, 1918, a complete copy of which is hereunto appended. “The National Board shall refuse to take cognizance of a controversy between employer and workers in any field of industrial or other activity where there is by agree- ment or Federal law a means of settlement which has . not been invoked. - “And I do hereby urge upon all employers and employees within the United States the necessity of utilizing the means and methods thus provided for the adjustment of all industrial disputes, and request that during the pend- ency of mediation or arbitration through the said means and methods, there shall be no discontinuance of industrial operations which would result in curtailment of the pro- duction of War necessities.” Report referred to in above proclamation as follows: “The following report and recommendations are present- ed by the War Labor Conference Board, representing elm- ployers and employees, in accordance with the suggestion of Secretary of Labor William B. Wilson, to aid in the formation of a national labor program for the period of the War: - “Washington, March 29, 1918. “Hon. William B. Wilson, “Secretary of Labor. “Sir: The commission of representatives of employers and workers, selected in accord with the suggestion of T.I your letter of January 28, 1918, to aid in the formulation, in the present emergency, of a national labor program, present to you, as a result of their conferences, the fol- lowing: f “(a) That there be created, for the period of the war, a National War Labor Board of the same number and to be Selected in the same manner and by the same agen- ©ies as the commission making this recommendation. “Functions and Powers of Board “(b) That the functions and powers of the national board shall be as follows: 1. To bring about a settlement, by mediation and con- ciliation of every controversy arising between employers and Workers. in the field of production necessary for the effective conduct of the war. “2. To do the same thing in similar controversies in other fields of national activity, delays and obstructions in which may, in the opinion of the national board, af- fect detrimentally such production. “3. To provide such machinery by direct appointment, or otherwise, for selection of committees or boards to sit in Various parts of the country where controversies arise, to Secure Settlement by local mediation and conciliation. “4. To Summon the parties to the controversy for hear- ing and action by the national board in case of failure to Secure settlement by local mediation and conciliation. “Provision for Umpire “(c) If the sincere and determined effort of the national board shall fail to bring about a voluntary settlement, and the members of the board shall be unable unanimously to agree upon a decision, then and in that case and only as a last resort, an umpire appointed in the manner pro- vided in the next paragraph shall hear and finally decide the controversy under Simple rules of procedure prescrib- , ed by the national board. “(d) The members of the national board shall choose the umpire by unanimous vote. Failing such choice, the name of the umpire shall be drawn by lot from a list of 10 Suitable and disinterested persons to be nominated for the purpose by the President of the United States. “(e) The national board shall hold its regular meetings in the city of Washington, with power to meet at any other place convenient for the board and the occasion. “May Alter Methods “(f) The national board may alter its methods and prac- tice in settlement of controversies hereunder, from time to time as experience may suggest. “(g) The national board shall refuse to take cognizance of a controversy between employer and workers in any field of industrial or other activity where there is by agreement or Federal law a means of settlement which has not been invoked. “(h) The place of each member of the national board unavoidably detained from attending one or more of its sessions may be filled by a substitute to be named by such member as his regular substitute. The substitute shall have the same representative character as his principal. “(i) The national board shall have power to appoint a secretary, and to create such other clerical organization under it as may be in its judgment necessary for the dis- charge of its duties. “(j) The national board may apply to the Secretary of Labor for authority to use the machinery of the depart- ment in its work for conciliation and mediation. “How Action May Be Invoked “(k) The action of the national board may be invoked in respect to controversies within its jurisdiction by the Secretary of Labor or by either side in a controversy or its duly authorized representative. The board, after sum- mary consideration, may refuse further hearing if the case is not of such character or importance to justify it. “(1) In the appointment of committees of its own mem- bers to act for the board in general or local matters, and in the creation of local committees, the employers and the workers shall be equally represented. “(m) The representatives of the public in the board shall preside alternately at successive sessions of the board or as agreed upon. “(n) The board in its mediating and conciliatory action, and the umpire in his consideration of a controversy, shall be governed by the following principles: “Principles to be Observed “There should be no strikes or lockouts during the war. “Right to Organize “1. The right of workers to organize in trade-unions and to bargain collectively through chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the employers in any man- ner Whatsoever. “2. The right of employers to organize in associations of groups and to bargain collectively through chosen repre- sentatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the work- ers in any manner whatsoever. - # 81151/16 a (Tit. 17A NATIONAL DEFENSE - IPage 432] “3. Employers should not discharge workers for mem- bership in trade-unions, nor for legitimate trade-union ac- tivities. - - “4. The workers, in the exercise of their right to or- ganize, Shall not use coercive measures of any kind to induce persons to join their organizations, nor to induce employers to bargain or deal therewith. “Existing Conditions “1. In establishments where the union shop exists the same shall continue and the union standards as to Wages, hours of labor, and other conditions of employment shall be maintained. - - “2. In establishments where union and nonunion men and women now work together, and the employer meets only with employees or representatives engaged in said eS- tablishments, the continuance of Such condition shall not be deemed a grievance. This declaration, however, is not intended in any manner to deny the right or discourage the practice of the formation of labor unions Or the join- ing of the same by the workers in said establishments, as guaranteed in the last paragraph, nor to prevent the War Labor Board from urging, or any umpire from granting, under the machinery herein provided, improvement of their situation in the matter of wages, hours of labor, or ; conditions, as shall be found desirable from time t IIT le. - “3. Established safeguards and regulations for the pro- tection of the health and safety of workers shall not be relaxed. “Women in Industry “If it shall become necessary to employ women on work ordinarily performed by men, they must be allowed equal pay for equal work and must not be allotted tasks dis- proportionate to their strength. - “Hours of Labor “The basic eight-hour day is recognized as applying in all cases in which existing law requires it. In all other cases the question of hours of labor shall be settled with due regard to government necessities and the Welfare, health, and proper comfort of the workers. “Maximum Production “The maximum production of all war industries should be maintained, and methods of work and operation on the part of employers or workers which operate to delay or limit production, or which have a tendency to artificially increase the cost thereof, should be discouraged. “Mobilization of Labor “For the purpose of mobilizing the labor supply With a view to its rapid and effective distribution, a permanent list of the number of skilled and other Workers available in different parts of the Nation shall be kept on file by the Department of Labor, the information to be constant- ly furnished: - “1. By the trade unions. “2. By State employment bureaus and Federal agencies of like character. - “3. By the managers and operators of industrial estab- lishments throughout the country. “These agencies should be given opportunity to aid in the distribution of labor, as necessity demands. - “Custom of Localities “In fixing wages, hours, and conditions of labor regard should always be had to the labor standards, wage scales, and other conditions prevailing in the localities affected. “The Living Wage “1. The right of all workers, including common laborers, to, a living wage is hereby declared. ‘2. In fixing Wages minimum rates of pay shall be es- tablished Which Will insure the subsistence of the worker and his family in health and reasonable comfort. Loyall A. Osborne. Frank J. Hayes. L. F. Loree. Wm. L. Hutcheson. W. H. Van Dervoort. Thomas J. Savage. C. E. Michael. Victor A. Olander. B. L. Worden. T. A. Rickert. Wm. H. Taft. Frank P. Walsh. “Statement of Ea:-President Taft “I am. profoundly gratified that the conference appointed under the direction of Secretary Wilson has reacfied an agreement upon the plan for a National Labor Board to maintain Inaximum production by settling obstructive con- troversies between employers and workers. It certainly is not too much to say that it was due to the self-restraint, tact, and earnest patriotic desire of the representatives of the employers and the workers to reach a conclusion. I Can Say this with due modesty, because I was not one of such representatives. Mr. Walsh and I were selected as representatives of the public. Personally it was one of the pleasant experiences of my life. It brought me into contact with leaders of industry and leaders of labor, and my experience gives me a very high respect for both. I am personally indebted to all of the board, but especial- ly to Mr. Walsh, with whom as the only other lawyer on the board it was necessary for me to confer frequently in | º the framing of the points which step by step the confer- ence agreed to. Of course the next question is ‘Will our plan work?' I hope and think it will, if administered in the Spirit in which it was formulated and agreed upon. “Statement of Frank P. Walsh “The plan submitted represents the best thought of cap- ital and labor as to what the policy of our Government With respect to industrial relations during the war ought to be. Representing capital were five of the largest em- ployers in the Nation, but one of whom had ever dealt with trade unions, advised and counseled by ex-President Taft, one of the world's proven great administrators and of the very highest American type of manhood. The rep- resentatives of the unions upon the board were the na- tional officers of unions engaged in War production and numbering in their ranks considerably over one million men and Women. - “The principles declared might be called an industrial chart for the Government securing to the employer maxi- mum production, and to the worker the strongest guar- anty of his right to organization and the healthy growth of the principles of democracy as applied to industry, as well as the highest protection of his economic. Welfare while the war for human liberty everywhere is being Wag- ed. If the plan is adopted by the Government, I am satis- fied that there will be a ready and hearty acquiescence therein by the employers and workers of the country SO that the volume of production may flow with the maximum of fruitfulness and "speed. This is absolutely essential to an early victory. The industrial army, both planners and workers, which are but other names for employers and €ITGl- ployees, is second only in importance and necessity. to Our forces in the theater of war. Their loyal cooperation and enthusiastic effort will win the War.” r SPECIAL PREPAREDNESS FUND Act March 3, 1917, c. 159, § 1, 39 Stat. 1000, created a special preparedness fund, to be composed of the receipts from certain taxes, and annual credits tº: i. fund to be used only for Army, Navy, Or, fortification, pur- poses. This section was repealed by Act Oct. 3, 1917, C. 63, § 1301, 40 Stat. 338. SHIPS AND WAR MATERIAL § 31151/16a. (a) Purchase in time of war Olſº emergency; definitions—The word “person” as USed in paragraphs (b), (c), next hereafter shall include any individual, trustee, firm, association, Company, Or COT- poration. The word “ship” shall, include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words “war material” shall in- clude arms, armament, ammunition, Stores, supplies, and equipment for ships and airplanes, and every- thing required for or in connection with the produc- tion thereof. The word “factory” shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, Or any process, and any shipyard or dockyard. The words “United States” shall include the Canal Zone and all territory and waters, continental and insular, Subject to the jurisdiction of the United States. (March 4, 1917, c. 180, 39 Stat. 1192.) - § 31151/16b. (b) Same; power of President; compliance with orders—In time of War, or Of na- tional emergency arising prior to March first, nine- teen hundred and eighteen, to be determined by the President by proclamation, the President is hereby authorized and empowered, in addition to all other ex- isting provisions of law: - • First. Within the limits of the amounts appropri- ated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quan- tity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom Such Order is given, and such order shall take precedence Over all other Orders and contracts theretofore placed with such per- Son. If any person owning, leasing, Or Operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, Supply, furnish, or manufacture the kind, quantity, or Quality of Ships or War material so ordered at such Tit. 17A) 3 81151/16d NATIONAL DEFENSE IIPage 4331 reasonable price as shall be determined by the Pres- ident, the President may take immediate possession of any factory of such person, or of any part thereof Without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Second. Within the limit of the amounts appropri- ated therefor, to modify or cancel any existing Con- tract for the building, production, or purchase of ships Or War material ; and if any contractor shall refuse Or fail to comply with the contract as so modified the President may take immediate possession of any fac- tory of such contractor, or any part thereof without taking possession of the entire factory, and may use the Same at such times and in such manner as he Imay Consider necessary or expedient. Third. To require the owner or occupier of any fac- tory in Which ships or war material are built or pro- duced to place at the disposal of the United States the Whole or any part of the output of such factory, and, Within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quan- tities and at such times as may be specified in the or- der at Such reasonable price as shall be determined by the President. - - Fourth. To requisition and take over for use or Operation by the Government any factory, or any part thereof, without taking possession of the entire fac- tory, whether the United States has or has not any COntract Or agreement With the Owner or Occupier of such factory. That all authority granted to the President in this paragraph, to be exercised in time of national emer- gency, shall cease on March first, nineteen hundred and eighteen. (March 4, 1917, c. 180, 39 Stat. 1193.) § 311 51/16 c. (d) Same; compensation for req- uisitioning factories—Whenever the United States Shall Cancel Or modify any contract, make use of, as- Sume, OCCupy, requisition, or take Over any factory or part thereof, or any ships or war material, in accord- ance With the provisions of paragraph (b), it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determin- ed by the President is unsatisfactory to the person en- titled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just COmpensation therefor, in the manner provid- ed for by Section twenty-four, paragraph twenty, and section One hundred and forty-five of the Judicial Code. (March 4, 1917, c. 180, 39 Stat. 1193.) § 31151/16d. Orders for ships or material; contracts; requisition of plants or outputs; pur- chase of ships already constructed; taking pos- session; orders; compensation—The President is hereby authorized and empowered, within the limits of the amounts herein authorized— (a) To place an Order with any person for such ships Or material as the necessities of the Government, to be determined by the President, may require dur- ing the period of the war and which are of the na- ture, kind and quantity usually produced or capable of being produced by such person. (b) To modify, Suspend, cancel, or requisition any existing or future contract for the building, produc- tion, Or purchase of ships or material, or take posses- Sion, lease or assume Control of, any street railroad, interurban railroad, or part thereof, cars and other equipment necessary to operation. : (c) To require the owner or occupier of any plant in which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver Such Output Or part thereof in Such quantities and at Such times as may be Specified in the order. COMP. ST.'18–28 - (d) To requisition and take Over for use or Opera- tion by the United States any plant, or any part thereof without taking possession of the entire plant, Whether the United States has or has not any contract Or agreement with the Owner Or occupier Of Such plant. (e) To purchase, requisition, or take Over the title to, or the possession of, for use or operation by the Unit- ed States any ship now constructed Or in the process Of construction or hereafter constructed, Or any part thereof, or charter of such ship. (f) TO take possession of, lease or assume COntrol of, any street railroad, interurban railroad, or part thereof wherever operated, and all cars, appurte- nances, and franchises or parts thereof commonly used in connection with the operation thereof neces- Sary for the transfer and transportation of employees of Shipyards or plants engaged or that may hereafter be engaged in the construction of ships or equipment therefor for the United States. Compliance with all orders issued hereunder shall be Obligatory On any person to whom such Order is given, and such order shall take precedence over all other Orders and contracts placed with such person. If any person owning any ship, charter, or material, Or OWning, leasing, or Operating any plant equipped for the building or production of ships or material shall refuse or fail to comply there with or to give to the United States such preference in the execution of such order, or shall refuse to build, supply, furnish, Or manufacture the kind, quantities or qualities of the ships or material so ordered, at such reasonable price as shall be determined by the President, the President may take immediate possession of any ship, charter, material or plant of such person, or any part thereof without taking possession of the entire plant, and may use the Same at Such times and in Such man- ner as he may consider necessary or expedient. Whenever the United States shall Cancel, modify, suspend or requisition any contract, make use of, as- sume, occupy, requisition, acquire or take over any plant or part thereof, or any ship, charter, or ma- terial in a CCOrdance with the provisions hereof, it shall make just Compensation therefor, to be deter- mined by the President; and if the amount thereof, SO determined by the President, is unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount SO determined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per Centum, will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and Section One hundred and forty- five Of the Judicial Code. . The President may exercise the power and author- ity hereby vested in him, and expend the money here- in and hereafter appropriated through such agency or agencies as he shall determine from time to time: Provided, That all money turned over to the United States Shipping Board Emergency Fleet Corporation may be expended as Other moneyS Of Said Corporation are now expended. All ships constructed, purchased, or requisitioned under authority herein, or heretofore Or hereafter acquired by the United States, shall be managed, operated, and disposed of as the President may direct. . - The word “person” as used herein, shall include any individual, trustee, firm, association, Company, Corpo- ration, Or COntractOr. The word “ship” shall include any boat, vessel, or Submarine and the parts thereof. The word “material” shall include stores, supplies, and equipment for ships, and everything required for Or in Connection with the production thereof. The word “plant” shall include any factory, Work- shop, warehouse, engine Works; buildings used for manufacture, assembling, Construction, or any pro- # 81151/16d (Tit. 17A NATIONAL DEFENSE [Page 434] CeSS; any shipyard or dockyard and discharging ter- minal or other facilities connected therewith. The words “United States” shall include all lands and waters subject to the jurisdiction of the United States of America. All authority granted to the President herein, or by him delegated, shall cease six months after a final treaty Of peace is proclaimed between this Govern- ment and the German Empire. The cost of purchasing, requisitioning, or otherwise acquiring plants, material, charters, or ships now con- Structed Or in the Course Of Construction and the ex- pediting of construction of ships thus under construc- tion shall not exceed the sum of $250,000,000, exclu- Sive Of the cost of ships turned over to the Army and Navy, the expenditure of which is hereby authorized, and in executing the authority granted by this Act for . Such purpose the President shall not expend or obli- gate the United States to expend more than the said Sum ; and there is hereby appropriated for said pur- pose, $150,000,000: Provided, That this appropriation Shall be reimbursed from available funds under the War and Navy Departments for vessels turned Over for the exclusive use of those departments or either Of them. The cost of construction of ships authorized herein Shall not exceed the sum of $500,000,000, the expendi- ture of which is hereby authorized, and in executing the authority granted herein for such purpose the • President shall not expend or obligate the United States to expend more than said sum ; and there is hereby appropriated for said purpose, $250,000,000. For the Operation of the ships herein authorized or in any way acquired by the United States, except those acquired for the Army or Navy, and for every expen- diture incident thereto, $5,000,000. (June 15, 1917, c. 29, § 1, 40 Stat. 182, amended, April 22, 1918, c. 62, §§ 1, 2, 40 Stat.) Af Proclamation issued under this section, dated March 20, 1918, as follows: - - “Whereas, the law and practice of nations accords to a belligerent power the right in time of military exigency and for purposes essential to the prosecution of war, to take over and utilize neutral vessels lying within its ju- risdiction: .* “And whereas the Act of Congress of June 15, 1917, en- titled, “An Act malving appropriations to Supply urgent deficiencies in appropriations for the Military and Naval Establishments on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred and seven- teen, and for other purposes,’ confers upon the President power to take over the possession of any vessel within the jurisdiction of the United States for use or operation by the United States: “Now, therefore I, Woodrow Wilson, President of the TJnited States of America, in accordance with international law and practice, and by virtue of the Act of Congress aforesaid, and as Commander-in-Chief of the Army and Navy of the United States, do hereby find and proclaim that the imperative military needs of the United States require the immediate utilization of vessels of Netherlands registry, now lying within the territorial Waters of the United States; and I do therefore authorize and empower the Secretary of the Navy to take over on behalf. Of the United States the possession of and to employ all such vessels of Netherlands registry, as may be necessary for essential purposes connected with the prosecution. Of the war against the Imperial German Government. The ves- sels shall be manned, equipped and operated by the Navy Department and the United States Shipping Board, as may be deemed expedient; and the United States Ship- ping Board shall make to the QWners thereof full COTOl- pensation, in accordance with the principles of interna- tional law.” º § 31151/16dd. Same; compensation for prop- erty taken—Upon taking possession Of Such property, or leasing or assuming control thereof, just compensa- tion shall be made therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person en- titled to receive the same, such person shall be paid seventy-five per centum of the amount SO determined by the President and shall be entitled to sue the Unit- ed States of America to recover such further sums as added to seventy-five per centum Will make up such amount as will be just compensation therefor, in the manner provided for by section tWenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. - The President may exercise the power and authority hereby vested in him through the several departments of the Government, and through such agency or agen- cies as he shall determine from time to time. (April 22, 1918, c. 62, § 3, 40 Stat.) CONSERVATION OF FOOD, FUEL AND NECES- SARIES § 311.5%a. Authority and powers conferred-- For the purpose of more effectually providing for the national security and defense and carrying on the war with Germany by gathering authoritative infor- mation concerning the food supply, by increasing pro- duction, by preventing waste of the food supply, by regulating the distribution thereof, and by such other means and methods as are hereinafter provided, the powers, authorities, duties, obligations, and prohibi- tions hereinafter set forth are conferred and prescrib- ed. (Aug. 10, 1917, c. 52, § 1, 40 Stat. 273.) § 311.5%aa. Investigation by Secretary of Ag- riculture—The Secretary of Agriculture, with the ap- proval of the President, is authorized to investigate and ascertain the demand for, the supply, consump- tion, COsts, and prices of, and the basic facts relat- ing to the ownership, production, transportation, man- ufacture, storage, and distribution of, foods, food ma- terials, feeds, seeds, fertilizers, agricultural imple- ments and machinery, and any article required in Con- nection with the production, distribution, or utiliza- tion of food. It shall be the duty of any person, When requested by the Secretary of Agriculture, or any agent acting under his instructions, to answer correct- ly, to the best of his knowledge, under oath or other- Wise, all questions touching his knowledge of any matter authorized to be investigated under this sec- tion, or to produce all books, letters, papers, or docu- ments in his possession, or under his control, relating to such matter. Any person who shall, within a rea- sonable time to be prescribed by the Secretary of Agri- culture, not exceeding thirty days from the date of the receipt of the request, willfully fail or refuse to answer such questions or to produce such books, let- ters, papers, or documents, or who shall willfully give any answer that is false or misleading, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by im- prisonment not exceeding one year, or both. (Aug. 10, 1917, c. 52, § 2, 40 Stat. 273) § 311.5%b. Purchase of seeds for crops— Whenever the Secretary of Agriculture shall find that there is or may be a special need in any restricted area for seeds suitable for the production Of food Or feed crops, he is authorized to purchase, or contract with persons to grow such seeds, to store them, and to furnish them to farmers for cash, at cost, including the expense of packing and transportation. (Aug. 10, 1917, c. 52, § 3, 40 Stat. 274.) § 311.5%bb. Cooperation with state and local officials—The Secretary of Agriculture is authorized to cooperate with such State and local officials, and with such public and private agencies, Or perSons, as be finds necessary, and to make such rules and regu- lations as are necessary effectively to carry out the preceding sections of this Act. (Aug. 10, 1917, c. 52, § 4, 40 Stat. 274.) § 311.5% c. Cooperation of government agen- cies with Secretary of Agriculture—The President is authorized to direct any agency or organization of the Government to cooperate with the Secretary of Agriculture in carrying out the purposes of this Act and to Coordinate their activities so as to avoid any preventable loss or duplication of work. (Aug. 10, 1917, c. 52, § 6, 40 Stat. 274.) § 31.15% ec. Definitions—Words used in this Act shall be construed to import the plural Or the singu- Tit. 17A) 3 31.15%f NATIONAL DEFENSE [Page 435I lar as the case demands, and the word “perSon,” wherever used in this Act, shall include individuals, partnerships, associations, and Corporations. (Aug. 10, 1917, c. 52, § 7, 40 Stat. 274.) § 311.5%d. Appropriations—For the purposes of this Act, the following sums are hereby appropriated, out of any moneys in the Treasury not OtherWise ap- propriated, available immediately and until June thirtieth, nineteen hundred and eighteen: For the prevention, control, and eradication of the diseases and pests of live stock; the enlargement of live-stock production; and the conservation and utilization of meat, poultry, dairy, and other animal products, $885,- 000. w For procuring, storing, and furnishing seeds, as authorized by section three of this Act, $2,500,000, and this fund may be used as a revolving fund until June thirtieth, nineteen hundred and eighteen. For the prevention, control, and eradication of in- sects and plant diseases injurious to agriculture, and the , Conservation and utilization of plant productS, $441,000. - - For increasing food production and eliminating waste and promoting conservation of food by educa- tional and demonstrational methods, through county, district, and urban agents and others, $4,348,400. For gathering authoritative information in connec- tion with the demand for, and the production, supply, distribution, and utilization of food, and otherwise Carrying out the purpose of section two of this Act; extending and enlarging the market news service; and preventing waste of food in storage, in transit, Or held for sale; advise concerning the market move- ment or distribution of perishable products; for enabling the Secretary of Agriculture to investigate and certify to shippers the condition as to soundness of fruits, vegetables and other food products, when re- ceived at such important central markets as the Secretary of Agriculture may from time to time desig- nate and under Such rules and regulations as he may prescribe: Provided, That certificates issued by the authorized agents of the department shall be receiv- ed in all Courts as prima facie evidence of the truth of the statements therein contained; and othérwise carrying out the purposes of this Act, $2,522,000: Pro- vided further, That the Secretary of Agriculture shall, SO far as practicable, engage the services of women for the work herein provided for. For miscellaneous items, including the salaries of Assistant Secretaries appointed under this Act; Spe- Cial work in crop estimating; Various States in supplying farm labor; enlarging the informational work of the Department of Agriculture; and printing and distributing emergency leaflets, post- ers, and Other publications requiring quick issue or large editions, $650,000. Provided, That the employment of any person un-. der the provisions of this Act shall not exempt any Such person from military service under the provi- sions of the selective draft law approved May eight- eenth, nineteen hundred and seventeen. It shall be the duty of the ‘Secretary of Agriculture to Submit to Congress at its regular session in Decem- ber of each year a detailed report of the expenditure Of all moneys herein appropriated. (Aug. 10, 1917, c. 52, § 8, 40 Stat. 274.) § 311.5%dd. Termination of effective force of act—The provisions of this Act shall cease to be in effect when the national emergency resulting from the existing state of war shall have passed, the date Of Which shall be ascertained and proclaimed by the President; but the date when this Act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascer- tained by the President, of the present war between the United States and Germany. (Aug. 10, 1917, c. 52, § 12, 40 Stat. 276.) aiding agencies in the CONSERVATION OF SUPPLY AND CONTROL OF DISTRIBUTION OF NECESSARIES § 3115/3e. Authority conferred; rules and regulations—That by reason of the existence of a state of war, it is essential to the national Security and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement, of foods, feeds, fuel including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment re- quired for the actual production of foods, feeds, and fuel, hereafter in this Act called necessaries; to pre- vent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain govern- mental control of Such necessaries during the War. For such purposes the instrumentalities, means, meth- Ods, powers, authorities, duties, obligations, and pro- hibitions hereinafter set forth are created, establish- ed, conferred, and prescribed. The President is au- thorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this Act. (Aug. 10, 1917, c. 53, § 1, 40 Stat. 276.) - § 31.15% ee. Use of agencies and services of persons without compensation—In carrying out the purposes Of this Act the President is authorized to enter into any Voluntary arrangements or agreements, to create and use any agency or agencies, to accept the Services of any person without compensation, to - COOperate with any agency or person, to utilize any department Or agency of the Government, and to COOrdinate their activities so as to avoid any pre- ventable loss or duplication of effort or funds. (Aug. 10, 1917, c. 53, § 2, 40 Stat. 276.) On September 2, 1917, the President made the following executive Order: - “Now, in order more effectively to enforce the provisions of said Act, and to avoid preventable duplication of effort and funds, I hereby direct that the Treasury Department shall henceforth supervise, direct and carry into effect the provisions of Sections 15 and 16 of said Act of August 10, 1917, and exercise the powers and authority therein given to the President, subject to such instructions and regulations as may from time to time be issued by the President. For this purpose the Secretary of the Treas- ury is hereby authorized to assign such duties to the Commissioner of Internal Revenue, the Internal Revenue officers of the United States, and the Division of Customs, and to employ such additional assistants as he may deem necessary therefor. - - - “The Executive Order dated August 10, 1917, providing for the organization of the United States Food Adminis- tration, so far as it is inconsistent here with, is hereby modified.” § 311.5%f. Interest of agents or employés in contracts—No person acting either as a Voluntary or paid agent or employee of the United States in any capacity, including an advisory capacity, shall Solicit, induce, or attempt to induce any person or officer au- thorized to execute or to direct the execution of COn- tracts on behalf of the United States to make any contract or give any order for the furnishing to the United States of work, labor, or services, or of Iſlal- terials, supplies, or other property of any kind or character, if such agent or employee has any pe. cuniary interest in such contract or order, Or if he or any firm of which he is a member, Or corporation, joint-stock company, or association of Which he is an officer or stockholder, or in the pecuniary profits of which he is directly or indirectly interested, Shall be a party thereto. Nor shall any agent or employee make, or permit any committee or other body of which he is a member to make, or participate in making, any recommendation concerning Such contract Or or- der to any council, board, or commission of the United States, or any member or subordinate thereof, with- out making to the best of his knowledge and belief a full and complete disclosure in Writing to Such Coun- cil, board, commission, or subordinate of any and $' 3 31.15%ff (Tit. 17A NATIONAL DEFENSE IPage 4361 every pecuniary interest which he may have in Such Contract or Order and Of his interest in any firm, cor- poration, company, or association being a party there- to. Nor shall he participate in the awarding of such COntract or giving Such Order. Any Willful violation Of any of they provisions of this section shall be pun- ishable by a fine of not more than $10,000, or by im- prisonment Of not more than five years, Or both: Provided, That the provisions of this section shall In Ot Change, alter or repeal Section forty-One of Chap- ter three hundred and twenty-One, Thirty-Fifth Stat- utes at Large. (Aug. 10, 1917, c. 53, § 3, 40 Stat. 276.) § 311.5%ff. Destriction, waste, or monopolies of necessaries; discriminations, unfair practices or unjust charges; conspiracies—It is hereby made unlawful for any person willfully to destroy any nec- essaries for the purpose of enhancing the price Or re- stricting the supply thereof; knowingly to Commit waste or willfully to permit preventable deterioration Of any necessaries in Or in connection with their pro- duction, manufacture, or distribution; to hoard, as defined in section six of this Act, any necessaries; to monopolize or attempt to monopolize, either locally or generally, any necessaries; to engage in any dis- criminatory and unfair, or any deceptive or wasteful practice or device, or to make any unjust or unrea- sonable rate or charge, in handling or dealing in Or with any necessaries; to conspire, combine, agree, Or arrange with any other person, (a) to limit the facili- ties for transporting, producing, harvesting, manufac- turing, supplying, storing, or dealing in any necessa- ries; (b) to restrict the supply of any necessaries; (c) to restrict distribution of any necessaries; (d) to prevent, limit, or lessen the manufacture Or produc- tion of any necessaries in order to enhance the price thereof, or (e) to exact excessive prices for any neces- saries; or to aid or abet the doing of any act made unlawful by this section. (Aug. 10, 1917, c. 53, § 4, 40 Stat. 277.) § 311.5%g. Licenses to import, manufacture, or distribute necessaries—From time to time, When- ever the President shall find it essential to license the importation, , manufacture, Storage, mining, Or dis- tribution of any necessaries, in order to carry into ef- fect any of the purposes of this Act, and shall public- ly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any Such business specified in the announcement Of importa- tion, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pur- Suant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for Systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, With Or without oath or affirmation, and the entry and in- spection by the President’s duly authorized agents Of the places of business of licensees. Whenever the President shall find that any storage Charge, COm- mission, profit, or practice of any licensee is unjust, or unreasonable, Or discriminatory and unfair, or Wasteful, and shall Order Such licensee, within a rea- sonable time fixed in the Order, to discontinue the same, unless such Order, which shall recite the facts found, is revoked or suspended, such licensee shall, within the time prescribed in the Order, discontinue such unjust, unreasonable, discriminatory and unfair storage Charge, Commission, profit, or practice. The President may, in lieu of any such unjust, unreason- able, discriminatory, and unfair storage charge, com- mission, profit, or practice, find what is a just, rea- sonable, nondiscriminatory and fair storage charge, commission, profit, or practice, and in any proceeding brought in any COurt Such Order of the President shall be prima facie evidence. Any person who, with- out a license issued pursuant to this section, or whose license shall have been revoked, knowingly engages in or carries on any business for Which a license is required under this section, or willfully fails or refus- es to discontinue any unjust, unreasonable, discrimi- natory and unfair storage charge, commission, profit, Or practice, in accordance with the requirement of an Order issued under this section, or any regulation pre- Scribed under this section, shall, upon conviction thereof, be punished by a fine not exceeding $5,000, Or by imprisonment for not more than two years, or both : , Provided, That this section shall not apply to any farmer, gardener, cooperative association of farmers or gardeners, including live-stock farmers, or Other perSons with respect to the products of any farm, garden, or other land owned, leased, or cultivat- ed by him, nor to any retailer with respect to the re- tail business actually conducted by him, nor to any Common Carrier, nor shall anything in this section be Construed to authorize the fixing or imposition of a du- ty Or tax upon any article imported into or exported from the United States or any State, Territory, or the District of Columbia: Provided further, That for the purposes Of this Act a retailer shall be deemed to be a person, Copartnership, firm, corporation, or associa- tion not engaging in the wholesale business whose gross Sales do not exceed $100,000 per annum. (Aug. 10, 1917, c. 53, § 5, 40 Stat. 277.) The President has issued the following proclamations un- der this section: August 14, 1917, declaring: “It is essential in order to carry into effect the purposes of said Act, to license the storage and distribution of wheat and rye and the manufacture, storage, and distri- bution of all products derived therefrom to the extent hereinafter specified. “All persons, firms, corporations and associations engag- ed in the business of either storing or distributing wheat or rye, as owners, lessees or operators of warehouses or elevators, and all persons, firms, corporations and a SSO- ciations engaged in the business of manufacturing any products derived from wheat or rye, (except those operat- ing mills and manufacturing plants of a daily capacity of one hundred barrels or less, and farmers and COOpera- tive association of farmers) are hereby required to secure on or before September 1st, 1917, a license, which license will be issued under such rules and regulations governing the conduct of the business as may be prescribed. “Applications for licenses must be made to the United States Food Administrator, Washington, D. C., upon forms prepared by him for that purpose. “Any person, firm, corporation or association, other than those hereinbefore excepted, who shall engage in, or carry on the business of either storing or distributing wheat or rye as owners, lessees or operators of warehouses or elevators, or manufacturing any products derived from wheat or rye after September 1st, 1917, without first Secur- ing such license, will be liable to the penalties prescribed by said Act of Congress.” September 7, 1917, declaring: “All persons, firms, corporations and associations engag- ed in the business either of importing sugar, of manufac- turing sugar from sugar cane or beets, or of refining sugar or of manufacturing sugar Syrups or molasses, (except those specifically exempted by said Act of Con- gress), are hereby required to secure on or before Oc- tober 1, 1917, a license, which license will be issued un- der such rules and regulations governing the conduct of the business as may be prescribed. Applications for li- censes must be made to the United States Food Admin- istrator, Washington, D. C., upon forms prepared by him for that purpose.” October 8, 1917, declaring : “All persons, firms, corporations and associations era- gaged in the business either of (1) operating cold stor- age warehouses (a cold storage warehouse, for the pur- poses of this proclamation, being defined as any place artificially or mechanically cooled to or below a tempera- ture of 45 degrees above zero Fahrenheit, in which food products are placed and held for thirty days or more), (2) operating elevators, warehouses or other places for the storage of corn, oats, barley, beans, rice, Cotton seed, cot- tonseed cake, cottonseed meal or peanut meal, or (3) im- porting, manufacturing (including milling, mixing or pack- ing), or distributing (including buying and selling) any of the following commodities: “Wheat, wheat flour, rye or rye flour, “Barley or barley flour, “Oats, oatmeal or rolled oats, “Corn, corn grits, cornmeal, hominy, corn flour, starch from corn, corn oil, corn syrup or glucose, “Rice, rice flour, “Dried beans, “Pea seed or dried peas, “Cotton seed, cottonseed oil, cotton Seed cake or cotton- seed meal, “Peanut oil or peanut meal, Tit. 17A) 3 31.15%g NATIONAL DEFENSE “Soya bean oil, soya bean meal, palm oil or copra oil, “Oleomargarine, lard, lard substitutes, oleo oil or cook- ing fats, - “Milk, butter or cheese, “Condensed, evaporated or powdered milk, “Fresh, canned or cured beef, pork or mutton, “Poultry or eggs, “Fresh or frozen fish, “Fresh fruits or vegetables, “Canned : Peas, dried beans, tomatoes, corn, Salmon Or Sardines, - “Dried: Prunes, apples, peaches or raisins, “Sugar, syrups or molasses, “Excepting, however, “(1) Operators of elevators or warehouses handling wheat or rye, and manufacturers of the derivative prod- ucts of wheat or rye, who have already been licensed, “(2) Importers, manufacturers and refiners of Sugar, and manufacturers of sugar syrups and molasses, Who have already been licensed, - - - “(3) Retailers whose gross sales of food commodities do not exceed $100,000.00 per annum, “(4) Common carriers, “(5) Farmers, gardeners, cooperative associations of farmers or gardeners, including live stock farmers, and other persons with respect to the products of any farm, garden or other land owned, leased or cultivated by them, “(6) Fishermen whose business does not extend beyond primary consignment, - - - “(7) Those dealing in any of the above commodities on any exchange, board of trade or similar institution as de- fined by Section 13 of the Act of August 10th, 1917, to the extent of their dealings on such exchange or board of trade, - º “(8) Millers of corn, oats, barley, wheat, rye or rice operating only plants of a daily capacity of less than seventy-five barrels, “(9) Canners of peas, dried beans, corn, tomatoes, Salm- on or sardines whose gross production does not exceed 5,000 cases per annum, “(10) Persons slaughtering, packing and distributing fresh, canned or cured beef, pork or mutton, whose gross sales of such commodities do not exceed $100,000.00 per an Illum, - “(11) Operators of poultry or egg packing plants, Whose gross sales do not exceed $50,000.00 per annum, “(12) Manufacturers of maple syrup, maple sugar and maple compounds, “(13) Ginners, buyers, agents, dealers or other handlers of cotton seed who handle yearly, between September 1st and August 31st, less than one hundred and fifty tons of Cotton seed, are hereby required to secure on or before November 1, 1917, a license, which license will be issued under such rules and regulations governing the conduct of the busi- ness as may be prescribed. “Application for license must be made to the United States Food Administration, Washington, D. C., Law De- partment—License Division, on forms prepared by it for that purpose, which may be secured on request.” November 7, 1917, declaring: “All persons, firms, corporations and associations, who manufacture for sale bread in any form, cake, crackers, biscuits, pastry or other bakery products (excepting, how- ever, those whose consumption of any flour and meal in the manufacture of such products is, in the aggregate, less than ten barrels a month), are hereby required to procure a license on or before December 10, 1917. This includes hotels, restaurants, other public eating places, and clubs, who serve bread or other bakery products of their own baking.” November 15, 1917, declaring: “All persons, firms, corporations and associations (ex- cept those specifically exempted by said Act of Congress) engaged in the business of importing, manufacturing, Stor- ing or distributing white arsenic, or engaged in the busi- ness of manufacturing other insecticides containing ar- senic, are hereby required to secure a license on or be- fore November 20, 1917, and all those engaged in the busi- ness of importing, storing or distributing other insecticides containing arsenic, are hereby required to Secure a license on or before December 10, 1917, which licenses will be issued under such rules and regulations governing the conduct of the business as may be prescribed. “The United States Food Administrator shall supervise, direct and carry into effect the provisions of said Act, and the powers and authority thereby given to the Pres- ident as far as the same apply to white arsenic and other insecticides containing arsenic, and to any and all prac- tices, procedure and regulations authorized or required under the provisions of Said Act, including the issuance, regulation and revocation, in the name of said Food Ad- ministrator, of licenses under said Act, and in this be- half he shall do and perform. Such acts and things as may be authorized or required of him from time to time by direction of the President and under such rules and reg- *::::: as may be prescribed by the President from time O time. “And for all the purposes aforesaid he may make use of the Governmental Organization called the United States Food Administration.” [Page 437] January 3, 1918, as follows: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- ferred on me by said Act of Congress, hereby find and determine and by this proclamation do announce that it is essential in order to carry into effect the purposes of said. Act, to license the importation, manufacture, stor- age and distribution of the following necessaries: am- monia, ammoniacal liquors, and ammonium Sulphate from whatever source produced. “All persons, firms, corporations and associations (ex- cept those specifically exempted by said Act of Congress) engaged in the business of importing, manufacturing, Stor- ing or distributing ammonia, ammoniacal liquors or alm- monium sulphate from whatever source produced are here- by required to secure a license on or before January 21, 1918, which will be issued under, such rules and regu- lations governing the conduct of the business as may be prescribed. “The Secretary of Agriculture shall supervise, direct and carry into effect the provisions of Said Act, and the powers and authority thereby given to the President àS far as the same apply to ammonia, ammoniacal liquors and ammonium sulphate from whatever source produced, and to any and all practices, procedure and regulations applicable thereto, authorized or required under the pro- visions of said Act, and in this behalf he shall do and perform such acts and things as may be authorized or required of him from time to time by direction of the President and under such rules and regulations as may be prescribed by the President from time to time. All departments and agencies of the Government are hereby directed to cooperate with the Secretary of Agriculture in the performance of the duties hereinbefore set forth. “Applications for licenses must be made to the LaW Department—License Division, United States Food Ad- ministration, Washington, D. C., upon forms prepared for that purpose. - “Any person, firm, corporation or association, other than those hereinbefore excepted, who shall engage in the busi- ness of importing, manufacturing, storing or distributing ammonia, ammoniacal liquors or ammonium sulphate from whatever source produced after the date aforesaid, With- out first securing such license, will be liable to the penal- ties prescribed by said Act of Congress.” January 10, 1918, as follows: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers Con- ferred upon me by said Act of Congress, hereby find and determine and by this proclamation do announèe that it is essential, in order to carry into effect the purposes of said Act, to license the importation, manufacture, Stor- age, and distribution of feeds, and certain Other food COrd- modities, to the extent hereinafter specified. “(1) All persons, firms, corporations and associations engaged in the business of tº - “(a) Importing, manufacturing (including, mixing and processing of all kinds), storing or distributing, any COIn mercial mixed feeds (including dairy feed3, horse and mule feeds, stock feeds, hog feeds, and poultry feeds); “(b) Manufacturing feeds from any of the following commodities or importing, storing or distrii uting any of the following commodities as feeds or feed ingredients: buckwheat linseed oil meal kaffir beans Imilo peaS - feterita. dried brewers grains broom corn dried distillers grains Cane seed dried yeast grains Spelt Imalt Sprouts €rn Irner baled hay Imillet balled alfalfa, Sunflower seed balled Straw grain and seed screenings animal or fish products or Hentils by-products tankage; linseed oil cake “(c) Importing, manufacturing, storing or distributing as feed any products or by-products of any of the fol- lowing commodities except products or by-products Whose importation, manufacture, storage or distribution is al- ready covered by a license held by any such person, firm, corporation or association: Shelled corn velvet beans €a,I* COI’Il peaS Oats peanuts barley COpra, Wheat palm nut rye palm kernel buckwheat Sugar beets Sorghum grains Sugar Calne rice hay grain and Seed screenings alfalfa SOya, beans straw; “(2) All persons, firms, corporations, and associations en- gaged in the business of malting barley, Ör other grains, or in the business of storing or distributing malt, except brewers of malt liquor who do not malt their own grain ; “(3) All persons, firms, corporations and associations en- gaged in the business of importing, manufacturing or dis- ºins copra, palm kernels, palm kernel oil, and pea- IllllS, & 31.15%g NATIONAL DEFENSE (Tit. 17A, [Page 438] “(4) All salt water fishermen not already licensed by the United States Food Administration, whether fishing inde- pendently or on shares, engaged at any period of the year, in the commercial distribution, including catching and selling, of any or all varieties of salt water fish includ- ing menhaden and of shellfish and crustaceans; “(5) All persons, firms, corporations, and associations engaged in the business of canning peas, dried beans, corn, tomatoes, salmon or sardines not already licensed whose gross production is more than five hundred (500) cases per annum, except home canners and bona fide boys’ and girls’ canning clubs recognized by the Departments of Agriculture of the several States in the United States; “(6) All persons, firms, corporations and associations not already licensed, engaged in the business of manufactur- ing tomato soup, tomato catsup, or other tomato products; “(7) All persons, firms, corporations and associations en- gaged in the business of manufacturing alimentary paste; “(8) All persons, firms, corporations and associations, not already licensed, engaged in the business of manufac- turing any products derived from wheat or rye, Except- ing, however, “(1) Retailers whose gross sales of food commodities do not exceed One Hundred Thousand Dollars ($100,000) per annum; “(2) Common carriers as to operations necessary to the business of common carriage; “(3) Farmers, gardeners, cooperative associations of farmers or gardeners, including live stock farmers, and other persons with respect to the products of any farm, ſººn or other land owned, leased or cultivated by em; “Are hereby required to secure on or before February I5, 1918, a license, which license will be issued under such rules and regulations governing the conduct of the busi- ness as may be prescribed. “All persons hereby made subject to license must ap- piy, Specifying the kind of license desired, to the United States Food Administration, License Division, Washington, D. C., on forms prepared by it for that purpose which may be secured on request. “Any person, firm, corporation or association other than those hereinbefore excepted, who shall engage in or carry on any business hereinbefore specified after February 15, 1918, without first securing such license, will be liable to the penalty prescribed by said Act of Congress.” January 30, 1918, as follows: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- ferred upon me by said Act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the purpose of said Act, to license the importation, manufacture, and dis- tribution of necessaries, to the extent hereinafter specified. . “All persons, firms, corporations, and associations, who manufacture for sale bread in any form, Cake, Crackers, biscuits, pastry or other bakery products (excepting, how- ever, those already licensed and those whose consumption of any flour and meal in the manufacture of Such prod- ucts ... is, in the aggregate, less than three barrels a month), are hereby required to procure a license on or before February 4, 1918. This includes hotels, restaurants, Other public eating places, and clubs, which serve bread or other bakery products of their own baking. “All persons, firms, corporations, and associations en- gaged in the business of importing or distributing green Coffee are hereby required to procure a licensé on or be- fore February 4, 1918. “Application for license must be made to the United States Food Administration, Washington, D. C., License Division, on forms prepared by it for that purpose, which Imay be obtained on request. . “Any person, firm, corporation, or association, other than those hereinbefore excepted, who shall engage in or Carry On any business hereinbefore specified after Feb- ruary 4, 1918, without first procuring such license, will be liable to the penalty prescribed by said Act of Con- gress.” January 31, 1918, as follows: “Now, Therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- . ferred upon me, by said Act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the purposes of said Act, to license the importation, manufacture, Storage #. distribution of fuel oil to the extent hereinafter spec- €Cl. “All persons, firms, corporations, and associations en- gaged in the business of both manufacturing and dis- tributing fuel oil (including gas oil), whose gross sales of fuel Oil (including gas oil) amount to more than One hundred thousand (100,000) barrels per annum, are here- by required to secure on or before February 11, 1918, a license, which license will be issued under such rules and regulations governing the conduct of the business as may be prescribed. Application for license must be made to the United States Fuel Administration, Washington, D. C., License Division. “Any person, firm, corporation or association, other than those hereinbefore excepted who shall engage in or carry On any business hereinbefore specified on and after Feb- ruary 11, 1918, without first securing such license, will be liable to the penalty prescribed by said Act of Con- gress.” February 25, 1918, as follows: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- ferred on me by said Act of Congress, hereby find and determine and by this proclamation do announce, that it is essential, in order to carry into effect the purposes of said Act, to license the importation, manufacture, Stor- age and distribution of the following necessaries: fertiliz- ers and fertilizer ingredients, including Sulphuric acid, phosphate rock, acid phosphate, bones (raw, ground or steamed), bone black, basic slag, sodium nitrate, am- monia sulphate, cottonseed meal, slaughter house tank- age, garbage tankage, castor pomace, fish scrap, base goods, cyanamid, calcium nitrate, dried blood, acidulated leather, hair, hoof meal, horn dust, ground leather, other unacidulated ammoniates, potash salts, cement dust, blast furnace dust, kelp ash, kelp char, dried kelp, Wood ashes, cottonseed hull ashes, potassium nitrate, tobacco Waste, mixed fertilizers, sulphur, and all other fertilizers and fertilizer ingredients. “All individuals, partnerships, associations, and corpora- tions engaged in the business of importing, manufactur- ing, storing or distributing fertilizers or fertilizer in- gredients (except those specifically exempted by Said Act of Congress, and except to the extent to which licenses have been issued under the Proclamation of the Presi- dent of January 3, 1918, relating to ammonia, ammoniacal liquors and ammonium sulphate) are hereby required to secure licenses on or before March 20, 1918, which Will be issued under such rules and regulations governing the conduct of the business as may be prescribed. “The Secretary of Agriculture shall carry into effect the provisions of said Act, and shall supervise and direct the exercise of the powers and authority thereby given to the President, as far as the same apply to fertilizers and fertilizer ingredients, and to any and all practices, procedure and regulations applicable thereto, authorized or required under the provisions of said Act, and in this behalf he shall do and perform such acts and things as may be authorized or required of him from time to time by direction of the President and under such rules and regulations as may be prescribed by the President from time to time. All departments and agencies of the GOV- ernment are hereby directed to cooperate with the Sec- retary of Agriculture in the performance of the duties hereinbefore set forth. “Applications for licenses must be made to the Taw Department—License Division, United States Food Admin- istration, Washington, D. C., upon forms prepared for that purpose. “Any individual, partnership, association or corporation, other than as hereinbefore excepted, who shall engage in or carry on the business of importing, manufacturing, storing or distributing fertilizers or fertilizer ingredients after the date aforesaid, without first securing Such li- cense, will be liable to the penalties prescribed by Said Act of Congress.” March 15, 1918, as follows (see, also, §§ 31.15%ee, 31.15%q): “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers Con- ferred on me by said act of Congress, hereby find and determine and by this proclamation do announce that it is essential in order to carry into effect the purposes of said act, to license certain classes of distributors of Coal and coke to the extent hereinafter provided: “All persons, firms, corporations and associations (ex- cept those specifically exempted by said act of Congress, producers and miners of coal and manufacturers of Çoke, distributing exclusively their own product, and retail dealers, as defined in the United States Fuel Adminis- trator’s Order of October 1, 1917, Publication No. 7) en- gaged in the business of distributing coal or coke as jobber, broker, Selling agent, purchasing agent, Whole- saler, or in any capacity whatsoever, are hereby required to secure a license on or before April 1, 1918, which li– cense will be issued under such rules and regulations governing the conduct of the business, as may from time to time be prescribed by the President of the United States or by the United States Fuel Administrator acting by virtue of the authority heretofore as aforesaid, or Hereby, delegated to him by the President. “The United States Fuel Administrator shall supervise, direct and carry into effect the provisions of said act, and the powers and authority thereby given to the Pres- ident, as the same, applies to coal, coke, and other fuel, and to any and all practices, procedure and regulations authorized or required under the provisions of said act, including issuance, regulation, and revocation, in the name of Said Fuel Administrator, of licenses under said act, and in this behalf he shall also do and perform such other acts and things as may be authorized or required of him from time to time by direction of the President, and under such rules and regulations as may be pre- scribed by the President from time to time. “For all the purposes aforesaid the United States Fuel Administrator may make use of the said governmental or- ganization called the United States Fuel Administration. “Application for licenses may be made to the United Tit. 17A, & 8115%hh NATIONAL DEFENSE [Page 439] States Fuel Administrator, Washington, D. C., upon forms prepared by him for that purpose. “Any person, firm corporation or association, other than those hereinbefore excepted, who, without a license, issued pursuant to this proclamation, or whose license shall have been revoked, knowingly engašeš in or car- ries on, after the date aforesaid, any business for which a license is required under this proclamation, will be liable to the penalties prescribed by said act of Congress.” May 14, 1918, as follows: . “And, whereas, it is essential, in order to carry into ef- fect the provisions of the said act, that the powers 99." ferred upon the President by said act be at this time ex- ercised, to the extent hereinafter set forth. “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers Con- ferred upon me by said act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the purposes of said act, to license the importation, manufacture, storage and distribution of necessaries, to the extent hereinafter specified. - - * - - “All persons, firms, corporations and associations engag- ed in business as: “(1) Packers of canned tuna. • . “(2) Packers of mild cured, hard cured, salted, dried, smoked, pickled or otherwise preserved salmon. “(3) Operators of poultry and egg packing plants not al- ready licensed by the United States Food Administration. “(4) Ginners, buyers, agents, dealers or other handlers of cotton seed not already licensed by the United States Food Administration who handle yearly between Septem- ber 1 and August 31 more than twenty (20) tons Of cotton seed. “(5) Importers, manufacturers or distributors of cotton- seed 'hulls, and owners of elevators. Warehouses or Other places for the storage of cottonseed hulls. - - “(6) Manufacturers of fermented beverages containing less than one-half of one per cent of alcohol. “Excepting, however, tº º º “(1) Retailers whose gross sales of food commodities do not exceed one hundred thousand dollars ($100,000) per an- Illllll; “(2) Common carriers as to operations necessary to the business of common carriage; “(3) Farmers, gardeners, co-operative associations Of farmers or gardeners, including live stock farmers, and other persons with respect to the products of any farm, garden or other land owned, leased or cultivated by them; *Are hereby required to secure on or before June 1, 1918, license, which license Will be issued under such rules and regulations governing the conduct of the busineSS as may be prescribed. “Application for license must be made to the United States Food Administration, Washington, D. C., License Division, on forms prepared by it for that purpose, Which may be secured on request. “Any person, firm, corporation or association who shall carry on any business hereinbefore specified after June 1, 1918, without first securing such license, will be liable to the penalty prescribed by said act of Congress.” - May 14, 1918, as follows: - “And whereas it is essential, in order to carry into effect the purposes of said act and in order to secure an ade- quate supply and equitable distribution and to facilitate the movement of certain necessaries hereafter in this proc- lamation specified, that the license powers conferred upon the President by said act be at this time exercised to the extent hereinafter set forth; - “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers con- ferred on me by said act of Congress, hereby, find and de- termine, and by this proclamation do announce, that it is essential, in order to carry into effect the purposes of said act, to license the importation, manufacture, storage, and distribution of certain necessaries, hereinafter called farm equipment, including attachments and repair parts thereof, required for farm use in the actual production of foods and feeds, as follows: Binders, boilers, brooders, bunch- ers, carriers, carts, cleaners, covers, crushers, cultivators, diggers, distributors, drills, elevators, evaporators, fenc- ing, forges, förks, fountains, gates, graders, grinders, grind-stones, harrows, harvesters, headers, hillers, hitches, hullers, huskers, incubators, jacks, listers, loaders, mark- ers, milkers, mills, mowers, pens, pickers, planters, plows, powers, presses, pullers, pulleys, pulverizers, pumps, racks, rakes, rollers, scales, seeders, separators, shellers, shredders, silos, sleds, slings, sorters, Sowers, sprayers, spreaders, stalls, stanchions, tanks, tedders, testers, threshers, towers, tractors, trailers, troughs, trucks, wag- ons, weeders, weighers, windmills and all other tools, utensils, implements, and machinery, required for farm use in the actual production of foods and feeds. “All individuals, partnerships, associations, and corpo- rations engaged in the business of importing, manufactur- ing, storing, or distributing the said farm equipment (ex- cept those specifically exempted by said act of Congress), are hereby required to secure licenses on or before June 20, 1918, which will be issued under such rules and regula- tions governing the conduct of the business as may be prescribed under said act. - “The Secretary of Agriculture shall carry into effect the provisions of said act, and shall supervise and direct the exercise of the powers and authority thereby given to the President, as far as the same apply to the said farm equipment, and to any, and all practices, procedure, and regulations applicable thereto, authorized or required un- der the provisions of said Act, and in this behalf he shall do and perform such acts and things as may be authorized OI* required of him from time to time by direction of the President and under such rules and regulations as may be prescribed by the President from time to time. All de- partments and agencies of the government are hereby di- . rected to co-operate with the Secretary of Agriculture in the performance of the duties hereinbefore set forth. Applications for licenses must be made to the Law De- partment, License Division, United States Food Adminis- tration, Washington, D. C., upon forms prepared for that purpose. - “Any individual, partnership, association, or corpora- tion, other than as hereinbefore excepted, who shall en- gage in or carry on the business of importing, manufac- turing, storing, or distributing such farm equipment, after the date aforesaid, without first securing such license, will º Hºle to the penalty prescribed by said act of Con- SS. § 311.5%gg. Hoarding necessaries; punish- ment—Any perSOn who willfully hoards any neces- saries shall upon conviction thereof be fined not ex- Ceeding $5,000 or be imprisoned for not more than two years, Or both. Necessaries shall be deemed to be hoarded Within the meaning Of this Act when either (a) held, COntracted for, or arranged for by any per- son in a quantity in excess of his reasonable require- ments for use or consumption by himself and depend- ents for a reasonable time; (b) held, contracted for, or. arranged for by any manufacturer, wholesaler, re- tailer, OI. Other dealer in a quantity in excess of the reasonable requirements of his business for use or sale by him for a reasonable time, or reasonably re- quired to furnish necessaries produced in Surplus Quantities seasonally, throughout the period of Scant or no production; or (c) withheld, whether by posses- Sion or under any contract or arrangement, from the market by any person for the purpose Of unreasona- bly increasing or diminishing the price: Provided, That this Section shall not include Or relate to trans- actions on any exchange, board of trade, or similar institution or place of business as described in section thirteen of this Act that may be permitted by the President under the authority conferred upon him by said section thirteen : Provided, however, That any accumulating or withholding by any farmer Or gar- dener, cooperative association of farmers Or garden- ers, including live-stock farmers, or any other person, of the products of any farm, garden, or other land Owned, leased, or cultivated by him shall not be deemed to be hoarding within the meaning Of this Act. (Aug. 10, 1917, c. 53, § 6, 40 Stat. 278.) § 311.5%h. Same; seizure by libel—Whenever . any necessaries shall be hoarded as defined in Section six they shall be liable to be proceeded against in any district Court of the United States Within the district where the same are found and seized by a process of libel for condemnation, and if Such necessaries shall be adjudged to be hoarded they shall be disposed of by sale in Such manner as to provide the most equitable distribution thereof as the Court may direct, and the proceeds thereof, less the legal COsts and Charges shall be paid to the party entitled thereto. The proceedings of such libel cases shall COnform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the Suit of and in the name Of the United States. It shall be the duty of the United States at- torney for the proper district to institute and prose- cute any such action upon presentation to him of Sat- isfactory evidence to sustain the same. (Aug. 10, 1917, c. 53, § 7, 40 Stat. 278.) § 311.5%hh. Destroying necessaries to enhance price–Any person who willfully destroys any neces" saries for the purpose of enhancing the price Or re- stricting the supply thereof shall, upon Conviction thereof, be fined not exceeding $5,000 or imprisoned & 31.15%i (Tit. 17A NATIONAL DEFENSE IPage 440] for not more than two years, or both. (Aug. 10, 1917, c. 53, § 8, 40 Stat. 279.) - § 311.5%i. necessaries—Any person who conspires, agrees, Or arranges with any other person (a) to limit the facilities for transporting, producing, manufac- turing, Supplying, storing, or dealing in any necessar- ies; (b) to restrict the supply of any necessaries; (c) to restrict the distribution of any necessaries; (d) to prevent, limit, or lessen the manufacture or produc- tion of any necessaries in order to enhance the price thereof shall, upon conviction thereof, be fined not ex- Ceeding $10,000 or be imprisoned for not more than tWO years, or both. (Aug. 10, 1917, c. 53, § 9, 40 Stat. 279.) - § 311.5%ii. Requisition of supplies for army or Navy—The President is authorized, from time to time, to requisition foods, feeds, fuels, and other sup- plies necessary to the support of the Army or the Umaintenance of the Navy, or any other public use Con- nected with the common defense, and to requisition, or Otherwise provide, storage facilities for such supplies; and he shall ascertain and pay a just compensation therefor. If the compensation so determined be not Satisfactory to the person entitled to receive the same, Such person Shall be paid seventy-five per centum of the amount so determined by the President, and shall be entitled to Sue the United States to recover Such further sum as, added to said seventy-five per centum Will make up such amount as will be just compen- sation for such necessaries or storage space, and juris- diction is hereby conferred On the United States Dis- trict Courts to hear and determine all such contro- versies: Provided, That nothing in this section, or in the section that follows, shall be construed to require any natural person to furnish to the Government any necessaries held by him and reasonably required for Consumption or use by himself and dependents, nor shall any person, firm, corporation, or association be required to furnish to the Government any seed nec- essary for the seeding of land owned, leased, or cul- tivated by them. (Aug. 10, 1917, c. 53, § 10, 40 Stat. 279.) § 311.5%j. Purchase and sale of wheat, flour, meal, beams and potatoes—The President is author- ized from time to time to purchase, to store, to pro- vide storage facilities for, and to sell for cash at rea- sonable prices, wheat, flour, meal, beans, and pota- toes: Provided, That if any minimum price shall have been theretofore fixed, pursuant to the provi- sions of section fourteen of this Act, then the price paid for any Such articles SO purchased shall not be less than Such minimum price. Any moneys received by the United States from Or in Connection with the disposal by the United States of necessaries under this section may, in the discretion of the President, be used as a revolving fund for further carrying Out the purposes Of this section. Any balance Of Such moneys not used as part of Such revolving fund shall be covered into the Treasury as miscellaneous re- ceipts. (Aug. 10, 1917, c. 53, § 11, 40 Stat. 279.) § 311 5%jj. Same; requisition and operation. of factories, packing houses, oil pipe lines, or mines—Whenever the President shall find it neces- sary to Secure an adequate Supply of necessaries for the support of the Army or the maintenance of the Navy, or for any Other public use COnnected with the common defense, he is authorized to requisition and take over, for use or Operation by the Government, any factory, packing house, oil pipe line, mine, or Other plant, or any part thereof, in or through which any necessaries are or may be manufactured, pro- duced, prepared, or mined, and to Operate the same. Whenever the President shall determine that the fur- ther use or operation by the Government of any such factory, mine, or plant, or part thereof, is not essen- tial for the national Security or defense, the same shall be restored to the person entitled to the posses- Conspiring to limit distribution of Combines, Sion thereof. The United States shall make just Com- pensation, to be determined by the President, for the taking Over, use, occupation, and operation by the Government of any such factory, mine, or plant, or part thereof. If the Compensation so determined be unsatisfactory to the person entitled to receive the Same, such person shall be paid seventy-five per cen- tum Of the amount so determined by the President, and Shall be entitled to Sue the United States to re- COver Such further sum as, added to said seventy-five per Centum, Will make up such amount as will be just compensation, in the manner provided by section. tWenty-four, paragraph tWenty, and section one hun- dred and forty-five of the Judicial Code. The Presi- dent is authorized to prescribe such regulations as he may deem essential for carrying out the purposes of this Section, including the Operation of any Such fac- tory, mine, or plant, or part thereof, the purchase, Sale, Or Other disposition of articles used, manufac- tured, produced, prepared, or mined therein, and the employment, COntrol, and compensation of employees. Any moneys received by the United States from or in COnnection with the use or operation of any such fac- tory, mine, or plant, or part thereof, may, in the dis- Cretion of the President, be used as a revolving fund for the purpose of the continued use or operation of any Such factory, mine, or plant, or part thereof, and the accounts of each such factory, mine, plant, or part thereof, shall be kept separate and distinct. Any balance of such moneys not used as part of such revolving fund shall be paid into the Treasury as mis- cellaneous receipts. (Aug. 10, 1917, c. 53, § 12, 40 Stat. 279.) § 311.5%k. Regulations to prevent “evil prae- tices”—Whenever the President finds it essential in Order to prevent undue enhancement, depression, or fluctuation. Of prices of, or in Order to prevent injuri- OuS Speculation in, Or in Order to prevent unjust lmar-. ket manipulation or unfair and misleading market quotations of the prices of necessaries, hereafter in this section called evil practices, he is authorized to prescribe such regulations governing, or may either Wholly or partly prohibit, operations, practices, and transactions at, On, in, Or under the rules of any ex- Change, board of trade, Or similar institution or place Of business as he may find essential in Order to pre- vent, correct, or remove such evil practices. Such regulations may require all persons coming within their provisions to keep Such records and statements Of account, and may require Such persons to make Such returns, verified under Oath or otherwise, as Will fully and correctly disclose all transactions at, in, or On, or under the rules of any such exchange, board of trade, or similar institution or place of business, including the making, execution, settlement, and ful- fillment thereof. He may also require all persons act- ing in the CapaCity of a clearing house, clearing asso- Giation, Or similar institution, for the purpose of clearing, settling, or adjusting transactions at, in, or on, or under the rules of any such exchange, board of trade, or similar institution or place of business, to keep Such records and to make such returns as Will fully and Correctly disclose all facts in their posses- Sion relating to such transactions, and he may ap- point agents to conduct the investigations necessary to enforce the provisions of this section and all rules and regulations made by him in pursuance thereof, and may fix and pay the compensation of such agents. Any person who willfully violates any regulation made pursuant to this section, or who knowingly en- gages in any operation, practice, or transaction pro- hibited pursuant to this section, or who willfully aids or abets any such violation or any such prohibited Operation, practice, or transaction, shall, upon convic- tion thereof, be punished by a fine not exceeding $10,- 000 or by imprisonment for not more than four years, or both. (Aug. 10, 1917, c. 53, § 13, 40 Stat. 280.) § 311.5%kk. Stimulation of production of wheat; guaranteed price—Whenever the President Tit. 17A). & 8115%kk NATIONAL DEFENSE [Page 4411 shall find that an emergency exists requiring stimu- lation of the production of wheat and that it is es- Sential that the producers of wheat, produced within the United States, Shall have the benefits of the guar- anty provided for in this section, he is authorized, from time to time, seasonably and as far in advance of Seeding time as practicable, to determine and fix and to give public notice of what, under specified con- ditions, is a reasonable guaranteed price for wheat, in Order to assure such producers a reasonable profit. The President shall thereupon fix such guaranteed price for each of the official grain standards for Wheat as established under the United States grain Standards Act, approved August eleventh, nineteen hundred and sixteen. The President shall from time to time establish and promulgate such regulations as he shall deem wise in connection with such guar- anteed prices, and in particular governing conditions of delivery and payment, and differences in price for the Several standard grades in the principal primary markets of the United States, adopting number one northern spring or its equivalent at the principal in- terior primary markets as the basis. Thereupon, the Government of the United States hereby guarantees every producer of wheat produced within the United States, that, upon compliance by him with the regula- tions prescribed, he shall receive for any wheat pro- duced in reliance upon this guarantee within the pe- riod, not exceeding eighteen months, prescribed in the notice, a price not less than the guaranteed price therefor as fixed pursuant to this section. In Such regulations the President shall prescribe the terms and conditions upon which any Such producer shall be entitled to the benefits of Such guaranty. The guar- anteed prices for the several standard grades of wheat for the crop of mineteen hundred and eighteen, shall be based upon number one northern Spring Or its equivalent at not less than $2 per bushel at the principal interior primary markets. This guaranty shall not be dependent upon the action of the Presi- dent under the first part of this section, but is hereby Imade absolute and shall be binding until May first, nineteen hundred and nineteen. When the President finds that the importation into the United States Of any wheat produced outside of the United States materially enhances or is likely materially to enhance the liabilities of the United States under guaranties of prices therefor made pursuant to this Section, and ascertains what rate of duty, added to the then ex- isting rate of duty on wheat and to the value of wheat at the time of importation, would be sufficient to bring the price thereof at which imported up to the price fixed therefor pursuant to the foregoing provisions of this section, he shall proclaim such facts, and thereafter there shall be levied, collected, and paid upon wheat when imported in addition to the then ex- isting rate of duty, the rate of duty So ascertained; but in no case shall any such rate of duty be fixed at an amount which will effect a reduction of the rate of duty upon wheat under any then existing tariff law of the United States. For the purpose of making any guaranteed price effective under this section, or whenever he deems it essential in Order to protect the Government of the United States against material enhancement of its liabilities arising Out of any guar- anty under this section, the President is authorized also, in his discretion, to purchase any wheat for . which a guaranteed price shall be fixed under this section, and to hold, transport, Or store it, Or to sell, dispose of, and deliver the same to any citizen of the Dnited States or to any Government engaged in war with any Country with which the Government of the United States is or may be at war or to use the same as Supplies for any department or agency of the Gov- ernment Of the United States. by the United States from or in connection with the Sale or disposal of wheat under this section may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this Any moneys received Section. Any balance of such moneys not used as part of Such revolving fund shall be covered into the Treasury as miscellaneous receipts. (Aug. 10, 1917, c. 53, § 14, 40 Stat. 281.) Proclamation issued under this sectiol), dated February 21, 1918, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States, by virtue of the powers conferred upon me by Said Act of Congress, and especially by section 14 thereof, do hereby find that an emergency exists requir- ing stimulation of the production of wheat, and that it is essential that the producers of wheat produced within the United States shall have the benefits of the guarantee provided for in said section; and, in Order to make ef- fective the guarantee by Congress for the crop of nine- teen hundred and eighteen and to assure Such producers a reasonable profit, I do hereby determine and fix, and give public notice of reasonable guaranteed prices for No. 1 Northern Spring wheat and its equivalents at the respective principal primary markets as follows, to wit: “Chicago, Illinois, Two Dollars and Twenty Cents ($2.20) per bushel; “Omaha, Nebraska, Two Dollars and Fifteen Cents ($2.15) per bushel; “Kansas City, Missouri, Two Dollars and Fifteen Cents ($2.15) per bushel; “St. Louis, Missouri, Two Dollars and Eighteen Cents ($2.18) per bushel ; ar “Minneapolis, Minnesota, Two Dollars and Seventeen Cents ($2.17) per bushel; - - “Duluth, Minnesota, Two Dollars and Seventeen Cents ($2.17) per bushel; , - “New York, New York, Two Dollars and Twenty-eight Cents ($2.28) per bushel; - - “Philadelphia, Pennsylvania, Two Dollars and TWenty- seven Cents ($2.27) per bushel; “Baltimore, Maryland, Two Dollars and Twenty-seven Cents ($2.27) per bushel; “Newport News, Virginia, Two Dollars and Twenty- seven Cents ($2.27) per bushel; - - “Charleston, South Carolina, Two Dollars and Twenty- seven Cents ($2.27) per bushel; w “Savannah, Georgia, Two Dollars and Twenty-seven Cents ($2.27) per bushel; “Portland, Oregon, Two Dollars and Five Cents ($2.05) per bushel; “Seattle, Washington, Two Dollars and Five Cents ($2.05) per bushel; “San Francisco, California, Two Dollars and Ten Cents ($2.10) per bushel; “Los Angeles, California, Two Dollars and Ten Cents ($2.10) per bushel ; “Galveston, Texas, Two Dollars and Twenty Cents ($2.20) per bushel; - - “New Orleans, Louisiana, Two Dollars and Twenty Cents ($2.20) per bushel; “Salt Lake City, Utah, Two Dollars ($2.00) per bushel; “Great Falls, Montana, Two Dollars ($2.00) per bushel; “Spokane, Washington, Two Dollars ($2.00) per bushel; “Pocatello, Idaho, Two Dollars ($2.00) per bushel; “Fort Worth, Texas, Two Dollars and Nine Cents ($2.09) per bushel; - “Oklahoma City, Oklahoma, Two Dollars and Five Cents ($2.05) per bushel; - “Wichita, Kansas, Two Dollars and Eight Cents ($2.08) per bushel, - “and that the guaranteed price for the other grades es- tablished under the United States Grain Standards Act approved August 11, 1916, based on said price for No. 1 Northern Spring wheat at the respective principal primary markets of the United States above mentioned, will assure the producers of Wheat produced within the United States a reasonable profit; the guaranteed prices in the princi- pal primary markets above mentioned being fixed by adopting No. 1 Northern Spring wheat or its equivalents at the principal interior markets, as the basis. “For the purposes of such guaranty only, I hereby fix the guaranteed prices at the respective principal primary mar- kets above mentioned for the following grades of wheat, to wit: No. 1 Northern Spring, No. 1 Hard Winter, No. 1 Red Winter, No. 1 Durum, No. 1 Hard White. The guar- anteed prices at the respective principal primary markets aforesaid of all other grades of wheat established under the United States Grain Standards Act approved August 11, 1916, shall be based on the above guaranteed prices and bear just relation thereto. “The sums thus determined and fixed are guaranteed by the Government of the United States at the respective principal primary markets of the United States above mentioned, to every producer of wheat of any grade so established under the United States Grain Standards Act, upon the condition that said Wheat is harvested in the United States during the year 1918, and offered for sale before the first day of June, 1919, to such agent or em- ployee of the United States, or other person as may be hereafter designated, at any one of the above-mentioned cities, which are, for the purposes of this Act, hereby de- clared to be the principal primary markets of the United States, and provided that such producer complies with all 3 3115%l (Tit. 17A NATIONAL DEFENSE [Page 442.] regulations which may be hereafter promulgated in re- gard to said guaranty by the President of the United States.” § 311.5%l. Distilled spirits; use of; food or food materials in production of—From and after thirty days from the date of the approval of this Act Ino foods, fruits, food materials, or feeds shall be used in the production of distilled spirits for beverage purposes: Provided, That under such rules, regula- tions, and bonds as the President may prescribe, Such materials may be used in the production of distilled Spirits exclusively for other than beverage purposes, Or for the fortification of pure Sweet Wines as defined by the Act entitled “An Act to increase the revenue, and for Other purposes,” approved September eighth, nineteen hundred and sixteen. Nor shall there be im- ported into the United States any distilled Spirits. Whenever the President shall find that limitation, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt Or Vinous liquors for beverage purposes, Or that reduc- tion of the alcoholic Content Of any such malt Or Vinous liquor, is essential, in Order to assure an ade- quate and continuous supply of food, or that the na- tional security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the extent of the limitation, reg- ulation, prohibition, Or reduction SO necessitated. Whenever such notice shall have been given and shall remain unrevoked no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the production of malt or Vinous liquors, Or import any such liquors except un- der license issued by the President and in compliance with rules and regulations determined by him govern- ing the production and importation of such liquors and the alcoholic content thereof. Any person who willfully violates the provisions of this section, or who Shall use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or who shall import any such liquors, without first obtaining a license SO to do when a license is required under this Section, or who shall violate any rule or regula- tion made under this section, shall be punished by a fine not exceeding $5,000, or by imprisonment for not more than two years, or both : Provided further, That nothing in this section shall be construed to au- thorize the licensing of the manufacture of vinous or malt liquors in any State, Territory, or the District of Columbia, or any civil subdivision thereof, where the manufacture of such vinous or malt liquor is pro- hibited. (Aug. 10, 1917, c. 53, § 15, 40 Stat. 2S2.) Proclamation issued under this section, dated December 8, 1917, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers confer- red on me by said Act of Congress, do hereby find and determine that the national security and defense will be Subserved by the limitation of the amount of foods, fruits, food materials and feeds used in the production of malt liquor, and by reduction of the alcoholic content of malt liquor produced in the United States. And by this proc- lamation I prescribe and give public notice that on and after January 1, 1918, the total amount of foods, fruits, food materials and feeds used by any person in the pro- duction of malt liquor shall not exceed seventy per cent (70%) of the average consumption of any such foods, fruits, food materials or feeds in the production of such malt liquor by Such person during the period from Janu- ary 1, 1917, to January 1, 1918, the unit of time to be fixed by regulation; and that on and after January 1, 1918, no malt liquor except ale and porter shall be produced in the United States containing more than two and three-quarters per cent. (2.75%) of alcohol by weight. “No person shall, after January 1, 1918, use any foods, fruits, food materials or feeds in the production of malt liquor, unless he secures a license so to do, to be issued by the Commissioner of Internal Revenue, and complies with rules and regulations to be hereafter promulgated governing the production of such liquor and the alcoholic content thereof; and no person shall import any such liq- uor except under license to be issued by the Division of Customs, any rules and regulations governing the importation of such liquors which may be promulgated.” - § 311.5%ll. Same; taking over by government —The President is authorized and directed to com- Treasury Department, and in compliance with mandeer any or all distilled spirits in bond or in Stock at the date of the approval of this Act for re- distillation, in so far as such redistillation may be Inecessary to meet the requirements of the Govern- ment in the manufacture of munitions and other mili- tary and hospital supplies, or in so far as such re- distillation would dispense with the necessity of utiliz- ing products and materials suitable for foods and feeds in the future manufacture of distilled spirits for the purposes herein enumerated. The President Shall determine and pay a just compensation for the distilled spirits so commandeered; and if the com- pensation so determined be not satisfactory to the perSon entitled to receive the same, such person shall be paid seventy-five per centum of the amount so de- termined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up Such amount as will be just compensation for such Spirits, in the manner provided by section twenty- four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. (Aug. 10, 1917, c. 53, § 16, 40 Stat. 282.) § 311.5%m. Interference, etc., with officers— Every person who willfully assaults, resists, impedes, or interferes with any officer, employee, or agent of the United States in the execution of any duty au- thorized to be performed by or pursuant to this Act Shall upon conviction thereof be fined not exceeding $1,000 or be imprisoned for not more than one year, or both. (Aug. 10, 1917, c. 53, § 17, 40 Stat. 283.) § 31.15%mm. Appropriation for expenses— The sum of $2,500,000 is hereby appropriated, out of any moneys in the Treasury not Otherwise appropri- ated, to be available until June thirtieth, nineteen hun- dred and eighteen, for the payment Of Such rent, the expense, including postage, Of such printing and pub- lications, the purchase of such material and equip- ment, and the employment of such persons and means, in the city of Washington and elsewhere, as the Pres- ident may deem essential. (Aug. 10, 1917, c. 53, § 18, 40 Stat. 283.) § 311.5%m. Appropriation for other uses—For the purposes of this Act the sum of $150,000,000 is hereby appropriated, out of any moneys in the Treas- ury not otherwise appropriated, to be available during the time this Act is in effect: Provided, That no part of this appropriation shall be expended for the pur- poses described in the preceding Section : Provided further, That itemized statements covering all pur- chases and disbursements under this and the preced- ing section shall be filed with the Secretary of the Senate and the Clerk of the EHouse of Representatives On or before the twenty-fifth day of each month after the taking effect of this Act, covering the business of the preceding month, and Said statements shall be Subject to public inspection. (Aug. 10, 1917, c. 53, § 19, 40 Stat. 283.) § 311.5%mn. Exemption of employés from mil- itary service—The employment of any person under the provisions of this Act shall not exempt any such person from military service under the provisions of the selective draft law approved May eighteenth, nine- teen hundred and seventeen. (Aug. 10, 1917, c. 53, § 20, 40 Stat. 283.) § 311.5%0. Annual reports of proceedings—The President shall Cause a detailed report to be made to the Congress on the first day of January each year of all proceedings had under this Act during the year preceding. Such report shall, in addition to other matters, contain an account of all persons appointed or employed, the salary or compensation paid or al- lowed each, the aggregate amount of the different kinds of property purchased or requisitioned, the use and disposition made of Such property, and a state- ment of all receipts, payments, and eXpenditures, to- gether with a statement showing the general char- acter, and estimated value of all property then on cº- Tit. 17A) 3 3115% q NATIONAL DIEFENSE [Page 443] hand, and the aggregate amount and character of all claims against the United States growing out of this Act. (Aug. 10, 1917, c. 53, § 21, 40 Stat. 283.) § 311.5%00. Partial invalidity of act—If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any Court Of COmpe- tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the Clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment Shall have been rendered. (Aug. 10, 1917, c. 53, § 22, 40 Stat. 283.) . - - § 31.15%p. Definitions—Words used in this Act shall be construed to import the plural or the Singu- lar, as the case demands. The word “person,” wher- ever used in this Act, shall include individuals, part- nerships, associations, and corporations. When Con- struing and enforcing the provisions of this Act, the act, Omission, or failure of any Official, agent, Or Other person acting for or employed by any partner- ship, association, or corporation within the scope of his employment or Office shall, in every Case, also be deemed the act, Omission, or failure of such partner- Ship, association, or corporation as well as that of the person. (Aug. 10, 1917, c. 53, § 23, 40 Stat. 283.) § 311.5%pp. Time when act ceases to be opera- tive—The provisions of this Act shall cease to be in effect when the existing state of war between the United States and Germany shall have terminated, and the fact and date Of Such termination Shall be ascer- tained and proclaimed by the President ; but the ter- mination of this Act shall not affect any act dOne, Or any right or Obligation accruing Or accrued, or any Suit Or proceeding had Or Commenced in any civil Case before the said termination pursuant to this Act; but all rights and liabilities under this Act arising before its termination shall continue and may be enforced in the same manner as if the Act had not terminated. Any Offense committed and all penalties, forfeitures, or liabilities incurred prior to such ter- mination may be prosecuted or punished in the same Imanner and With the same effect as if this Act had not been terminated. (Aug. 10, 1917, c. 53, § 24, 40 Stat. 283.) - § 31 15%q. Coal and coke; fixing prices; reg- ulation of production and sale—The President of the United States shall be, and he is hereby, author- ized and empowered, Whenever and wherever in his judgment necessary for the efficient prosecution of the war, to fix the price of coal and coke, wherever and whenever sold, either by producer or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, apportionment, or storage thereof among dealers and Consumers, domestic or foreign: Said authority and power may be exercised by him in each case through the agency of the Federal Trade Commission during the war or for such part of Said time as in his judg- ment may be necessary. That if, in the opinion of the President, any such producer or dealer fails or neglects to conform to such prices or regulations, or to conduct his business ef- ficiently under the regulations and control of the Pres- ident as aforesaid, or conducts it in a manner preju- dicial to the public interest, then the President is here- by authorized and empowered in every such case to. requisition and take over the plant, business, and all appurtenances thereof belonging to such producer or dealer as a going concern, and to operate Or Cause the same to be operated in such manner and through Such agency as he may direct during the period of the War or for such part of said time as in his judgment may be necessary. . t That any producer or dealer whose plant, business, and appurtenances shall have been requisitioned or taken over by the President shall be paid a just Com- pensation for the use thereof during the period that the same may be requisitioned or taken over as afore- said, which compensation the President Shall fix Or cause to be fixed by the Federal Trade Commission. That if the prices so fixed, or if, in the Case of the taking over or requisitioning of the mines or business of any such producer or dealer the compensation therefor as determined by the provisions of this Act be not satisfactory to the person or persons entitled to receive the same, such person shall be paid seventy- five per centum of the amount so determined, and Shall be entitled to Sue the United States to recoVer such further sum as, added to said Seventy-five per centum, will make up such amount as Will be just compensation in the manner provided by section twen- ty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. - While Operating or causing to be operated any Such plants or business, the President is authorized to pre- scribe such regulations as he may deem essential for the employment, control, and compensation Of the em- ployees necessary to conduct the same. . Or if the President Of the United States Shall be of the opinion that he can thereby better provide for the common defense, and whenever, in his judgment, it shall be necessary for the efficient prosecution Of the war, then he is hereby authorized and empowered to require any or all producers of coal and coke, either in any special area or in any special coal fields, Or in the entire United States. to sell their products Only to the United States through an agency to be desig- nated by the President, such agency to regulate the resale of such coal and coke, and the prices thereof, and to establish rules for the regulation of and to regulate the methods of production, shipment, distri- bution, apportionment, or storage thereof among deal- ers and consumers, domestic or foreign, and to make payment of the purchase price thereof to the pro- ducers thereof, or to the person or persons legally en- titled to said payment. - - That within fifteen days after notice from the agen- cy so designated to any producer of Coal and Coke that his, or its, output is to be so purchased by the United States as hereinbefore described, such producer shall cease shipments of said product upon his own a CCOunt and shall transmit to such agency all orders received and unfilled or partially unfilled, showing the exact extent to which shipments have been made thereon, and thereafter all shipments shall be made Only On authority of the agency designated by the President, and thereafter no such producer shall sell any of Said products except to the United States through such agency, and the said agency alone is hereby author- ized and empowered to purchase during the Continu- ance of the requirement the output of Such producers. That the prices to be paid for such products So pur- chased shall be based upon a fair and just profit over and above the cost of production, including proper maintenance and depletion charges, the reasonableneSS of such profits and cost of production to be determin- ed by the Federal Trade Commission, and if the prices fixed by the said commission of any such product pur- chased by the United States as hereinbefore described be unsatisfactory to the person or persons entitled to the same, such person or persons shall be paid Seven- ty-five per centum of the amount so determined, and shall be entitled to sue the United States to recoVer such further sum as, added to said seventy-five per centum, will make up such amount as Will be just compensation in the manner provided by Section tWen- ty-four paragraph twenty, and section one hundred and forty-five of the Judicial Code. All such products so sold to the United States shall be sold by the United States at Such uniform prices, quality considered, as may be practicable and as may be determined by said agency to be just and fair. Any moneys received by the United States, for the sale of any such coal and coke may, in the discretion of the President, be used as a revolving fund for fur- ther carrying out the purposes of this section. Any # 31.15% q (Tit. 17A NATIONAL DEFENSE [Page 4441 - - - moneys not so used shall be covered into the Treas- ury as miscellaneous receipts. That when directed by the President, the Federal Trade Commission is hereby required to proceed to make full inquiry, giving such notice as it may deem practicable, into the cost of producing under reasona- bly efficient management at the Various places of pro- duction the following commodities, to Wit, Coal and COke. The books, correspondence, records, and papers in any way referring to transactions of any kind relat- ing to the mining, production, sale, or distribution of all mine Operators or other persons whose coal and . coke have Or may become subject to this Section, and the books, correspondence, records, and papers of any person applying for the purchase of coal and coke from the United States shall at all times be subject to inspection by the said agency, and such person or perSons shall promptly furnish said agency any data Or information relating to the business of such per- Son Or persons which said agency may call for, and said agency is hereby authorized to procure the in- formation in reference to the business of such coal- mine Operators and producers of coke and customers therefor in the manner provided for in sections six and nine of the Act of Congress approved September twenty-sixth, nineteen hundred and fourteen, entitled “An Act to create a Federal Trade Commission, to de- fine its powers and duties, and for other purposes,” and said agency is hereby authorized and empowered to exercise all the powers granted to the Federal Trade Commission by said Act for the carrying out of the purposes of this section. - Having completed its inquiry respecting any com- modity in any locality, it shall, if the President has decided to fix the prices at which any such commodity Shall be sold by producers and dealers generally, fix and publish maximum prices for both producers of and dealers in any such commodity, which maximum prices shall be observed by all producers and dealers until further action thereon is taken by the commis- SIOIſl. In fixing maximum prices for producers the commis- Sion shall allow the cost of production, including the expense of operation, maintenance, depreciation, and gºon, and Shall add thereto a just and reasonable profit. - - In fixing such prices for dealers, the commission Shall allow the cost to the dealer and shall add there- to a just and reasonable sum for his profit in the transaction. The maximum prices so fixed and published shall not be construed as invalidating any contract in which prices are fixed, made in good faith, prior to the es- tablishment and publication of maximum prices by the Commission. - Whoever shall, with knowledge that the prices of any such commodity have been fixed as herein provid- ed, ask, demand, or receive a higher price, or whoever Shall, With knowledge that the regulations have been prescribed as herein provided, violate or refuse to Con- form to any of the same, shall, upon conviction, be punished by fine of not more than $5,000, or by im- prisonment for not more than two years, or both. Each independent transaction shall constitute a sep- arate offense. Nothing in this section shall be construed as re- stricting or modifying in any manner the right the Government of the United States may have in its own behalf Or in behalf Of any Other Government at War with Germany to purchase, requisition, or take over any Such commodities for the equipment, maintenance, or Support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined. (Aug. 10, 1917, c. 53, § 25, 40 Stat. 284.) § 311.5%qq. Holding or destroying neeessaries —Any person carrying on or employed in commerce among the several States, or with foreign nations, or With or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his in- dividual capacity or as an officer, agent, or employee of a Corporation or member of a partnership carrying On or employed in such trade, Shall store, acquire, Or hold, Or who shall destroy Or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such commerce, whether temporarily or oth- erWise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both: Provided, That any storing or holding by any farmer, gardener, or other person Of the products of any farm, garden, or Other land cultivated by him shall not be deemed to be a storing or holding within the meaning of this Act: Provid- ed further, That farmers and fruit growers, cooper- ative and other exchanges, or Societies of a similar character shall not be included within the provisions of this section: Provided further, That this section shall not be construed to prohibit the holding or ac- cumulating of any such article by any such person in a quantity not in excess of the reasonable require- ments of his business for a reasonable time or in a Quantity reasonably required to furnish said articles produced in surplus quantities seasonably through- Out the period of scant or no production. Nothing contained in this section shall be construed to repeal the Aqt entitled “An Act to protect trade and com- merce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety, COmmonly known as the Sherman Antitrust Act. (Aug. 10, 1917, c. 53, § 26, 40 Stat. 286.) § 311.5%r. Nitrate of soda; acquisition and sale of stocks of—The President is authorized to procure, or aid in procuring, such stocks of nitrate of SOda as he may determine to be necessary, and find available, for increasing agricultural production dur- ing the Calendar years nineteen hundred and seven- teen and eighteen, and to dispose of the same for Cash at cost, including all expenses connected there- with. For carrying out the purposes of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available immediately and until expended, the sum of $10,- 000,000, or so much thereof as may be necessary, and the President is authorized to make such regulations, and to use such means and agencies of the Govern- ment, as, in his discretion, he may deem best. The proceeds arising from the disposition of the nitrate Of Soda shall go into the Treasury as miscellaneous receipts. (Aug. 10, 1917, c. 53, § 27, 40 Stat. 287.) § 311.5%rr. Same; proceeds of sale of.-The proceeds heretOfore or hereafter received from the disposition of nitrate of soda under the appropriation of $10,000,000 contained in section twenty-seven of the Act approved August tenth, nineteen hundred and Seventeen, shall be credited to the said appropriation of $10,000,000 and be available for the purposes au- thorized in the said section during the period of the existing War as defined by section twenty-four of the said Act. (March 28, 1918, c. 28, § 1, 40 Stat.) MANUFACTURE, ETC., OF EXPLOSIVES S 311.5%a. Tſanufacture, distribution, storage, use or possession, regulated in war time—When the United States is at War it shall be unlawful to manufacture, distribute, Store, use, or possess pow- der, explosives, blasting Supplies, or ingredients there- of, in such manner as to be detrimental to the public safety, except as in this Act provided. (Oct. 6, 1917, c. 83, § 1, 40 Stat. 385.) § 311.5%aa. Definitions—The words “explosive” and “explosives” when used herein shall mean gun- powders, powders used for blasting, all forms of high explosives, blasting materials, fuses, detonators, and other detonating agents, smokeless powders, and any chemical compound or mechanical mixture that con- Tit. 17A) & 31.15%ff NATIONAL DEFENSE [Page 4451 tains any oxidizing and combustible units, or other in- gredients, in Such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of, or any part of the Compound Or mixture may cause such a sudden genera- tion of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects On Contiguous objects, or of destroying life or limb, but shall not include small arms or shotgun cartridges: Provided, That nothing herein contained shall be con- strued to prevent the manufacture, under the author- ity Of the Government, of explosives for, their sale to Or their possession by, the military or naval service of the United States of America. 40 Stat. 385.) § 311.5%b. Ingredients defined—The word “in- gredients” when used herein shall mean the materials and Substances capable by combination of producing One Or more of the explosives mentioned in section One hereof. (Oct. 6, 1917, c. 83, § 3, 40 Stat. 386.) § 311.5%bb. Person defined—The word “person,” when used herein, shall include States, Territories, the District of Columbia, Alaska, and other dependen- cies of the United States, and municipal subdivisions thereof, individual citizens, firms, associations, socie- ties and corporations of the United States and Of Oth- er countries at peace with the United States. (Oct. 6, 1917, c. 83, § 4, 40 Stat. 386.) § 311.5%e. Purchase, possession, or sale corn- trary to act—From and after forty days after the passage and approval of this Act no person shall have in his possession or purchase, accept, receive, Sell, give, barter or otherwise dispose of or procure explo- sives, or ingredients, except as provided in this Act: Provided, That the purchase or possession of said in- gredients when purchased or held in small quantities and not used or intended to be used in the manufac- ture of explosives are not subject to the provisions of this Act: Provided further, That the superintendent, foreman, or other duly authorized employee, at a mine, quarry, or other work, may, when licensed so to do, sell or issue, to any workman under him, Such an amount of explosives, or ingredients, as may be re- quired by that workman in the performance of his duties, and the workman may purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explosives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the Carrying on of his duties. (Oct. 6, 1917, c. 83, § 5, 40 Stat. 386.) § 311534cc. Transportation—Nothing contained herein shall apply to explosives or ingredients while being transported upon vessels or railroad Cars in conformity with statutory law or Interstate Commerce Commission rules. (Oct. 6, 1917, c. 83, § 6, 40 Stat. 386.) § 311.5%d. License for manufacture—From and after forty days after the passage of this Act no person shall manufacture explosives unless licensed so to do, as hereinafter provided. (Oct. 6, 1917, c. 83, § 7, 40 Stat. 386.) . § 311.5%dd. Information from licensee or ap- plicant for license—Any licensee or applicant for license here under shall furnish such information re- garding himself and his business, so far as such busi- ness relates to Or is COnnected with explosives Or in- gredients at such time and in such manner as the Di- rector of the Bureau of Mines, or his authorized rep- resentative, may request, excepting that those who have been or are at the time of the passage of this Act regularly engaged in the manufacture of explo- sives shall not be Compelled to disclose Secret process- eS, COsts, or other data unrelated to the distribution of explosives. (Oct. 6, 1917, c. 83, § 8, 40 Stat. 386.) § 311.5%.e. Records of sales—From and after for- ty days after the passage and approval of this Act every person authorized to sell, issue, or dispose of explosives shall keep a complete itemized and accurate (Oct. 6, 1917, c. 83, § 2, record, showing each person to whom explosives are Sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives: and the date of each such sale, gift, barter, or other disposition, and this record shall be sworn to and furnished to the Director of the Bureau of Mines, or his authorized representatives, whenever requested. (Oct. 6, 1917, c. 83, § 9, 40 Stat. 386.) - - § 31.15% ee. Licenses; to whom issuable—The Director of the Bureau of Mines is hereby authorized to issue licenses as follows: - (a) Manufacturer’s license, authorizing the manu- facture, possession, and Sale of explosives and ingre- dients. - (b) Wendor's license, authorizing the purchase, pos- session, and sale of explosives or ingredients. (c) Purchaser's license, authorizing the purchase and possession of explosives and ingredients. (d) Foreman’s license, authorizing the purchase and possession of explosives and ingredients, and the Sale and issuance of explosives and ingredients to WOrk- men under the proviso to section five above. (e) Exporter's license, authorizing the licensee to export explosives, but no such license shall authorize exportation in violation of any proclamation of the President issued under any Act of Congress. (f) Importer's license, authorizing the licensee to import explosives. . (g) Analyst's, educator’s, inventor’s and investiga- tor’s licenses authorizing the purchase, manufacture, possession, testing, and disposal of explosives and in- gredients. (Oct. 6, 1917, c. 83, § 10, 40 Stat. 387.) § 311.5%f. Same; persons entitled to–The Di- rector Of the Bureau Of Mines Shall issue licenses, upon application duly made, but only to gitizens of the United States of America, and to the subjects or citizens of nations that are at peace with them, and to corporations, firms, and associations thereof, and he may, in his discretion, refuse to issue a license, when he has reason to believe, from facts of which he has knowledge or reliable information, that the appli- cant is disloyal Or hostile to the United States Of America, or that, if the applicant is a firm, associa- tion, society, or corporation, its controlling stockhold- ers or members are disloyal Or hostile to the United States of America. The director may, when he has reason to believe on like grounds that any licensee is so disloyal or hostile, revoke any license issued to him. Any applicant to whom a license is refused or any licensee whose license is revoked by the said di- rector may, at any time within thirty days after no- tification of the rejection of his application or revo- cation of his license, apply for such license Or the can- cellation of Such revocation to the Council of National Defense, which shall make its order upon the direc- tor either to grant or to withhold the license. (Oct. 6, 1917, c. 83, § 11, 40 Stat. 387.) º § 311.5%ff. Same; applications for—Any person desiring to manufacture, sell, export, import, store, or purchase explosives or ingredients, or to keep explo- sives or ingredients, in his possession, shall make ap- plication for a license, which application shall state, under oath, the name of the applicant ; the place of birth ; whether native born or naturalized citizen of the United States of America ; if a naturalized citi- zen, the date and place of naturalization ; business in which engaged; the amount and kind of explosives or ingredients which during the past six months have been purchased, disposed of, or used by him ; the amount and kind of explosives or ingredients now on hand; whether sales, if any, have been made to job- bers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of ex- plosives or ingredients to be authorized by the license; and Such further information as the Director Of the Bureau of Mines may, by rule, from time to time re- quire. Applications for vendor's, purchaser’s, or foreman’s licenses shall be made to such officers of the State, * 8115%g (Tit. 17A NATIONAL DEFENSE Territory, or dependency having jurisdiction in district within which the explosives or ingredients are to be sold or used, and having the power to administer Oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name Of Such director. Such officers shall be entitled to receive from the applicant a fee of 25 cents for each license issued. They shall keep an accurate rec- Ord Of all licenses issued in manner and form to be prescribed by the Director of the Bureau of Mines, to whom they shall make reports from time to time as may be by rule issued by the director required. The necessary blanks and blank records shall be fur- nished to such officers by the said director. Iicensing Officers Shall be subject to removal for Cause by the Director of the Bureau of Mines, and all licenses is- sued by them shall be subject to revocation by the director as provided in section eleven. (Oct. 6, 1917, c. 83, § 12, 40 Stat. 387.). § 311.5%g. Inspectors; appointment—The Pres- ident, by and with the advice and consent Of the Senate, may appoint in each State and in Alaska an explosives inspector, whose duty it shall be, under the direction of the Director of the Bureau of Mines, to See that this Act is faithfully executed and Observed. Each such inspector shall receive a salary of $2,400 per annum. He may at any time be detailed for Serv- ice by Said director in the District. Of Columbia. Or in any State, Territory, or dependency of the United States. All additional employees required in Carrying Out the provisions of this Act shall be appointed by the Director of the Bureau of Mines, subject to the approval Of the Secretary of the Interior. (Oct. 6, 1917, c. 83, § 13, 40 Stat. 388.) § 311.5%gg. False representations as to licens- es—It shall be uniawful for any person to represent himself as having a license issued under this Act, when he has not such a license, or as having a license different in form or in conditions from the One which he in fact has, or without proper authority make, cause to be made, issue or exhibit anything purport- ing or pretending to be such license, or intended to mislead any person into believing it is such a license, Or to refuse to exhibit his license to any peace Officer, Federal or State, or representative of the Bureau of Mines. (Oct. 6, 1917, c. 83, § 14, 40 Stat. 388.) § 311.5%h. Divulgence of information—No in- spector or other employee of the Bureau of Mines shall divulge any information obtained in the Course of his duties under this Act regarding the business of any licensee, or applicant for license, without authori- ty from the applicant for license or from the Director of the Bureau of Mines. (Oct. 6, 1917, c. 83, § 15, 40 Stat. 388.) - § 311.5%hh. Marking, defining and placarding premises—Every perSon authorized under this Act to manufacture or store explosives or ingredients shall clearly mark and define the premises On Which his plant or magazine may be and shall conspicuously display thereon the words “Explosives—Keep Off.” *Oct. 6, 1917, c. 83, § 16, 40 Stat. 388.) § 31.15%i. Exclusion from premises where is \anufactured or stored—No person, without the cºnsent of the owner or his authorized agents, except pºsace Officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or premises on which explosives are manufactured or Stored, Or be in or upon any maga- zine premises on which explosives are stored ; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done. (Oct. 6, 1917, c. 83, § 17, 40 Stat. 388.) § 311.5%ii. Rules and regulations—The Direc- tor of the Bureau of Mines is hereby authorized to make rules and regulations for carrying into effect this Act, subject to the approval of the Secretary of the Interiºr. (Oct. 6, 1917, c. 83, § 18, 40 Stat. 388.) IPage 446] the § 311.5%j. Violations of act—Any person violat- ing any of the provisions of this Act, or any rules or regulations made thereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment not more than One year, or by both such fine and imprisonment. (Oct. 6, 1917, c. 83, § 19, 40 Stat. 388.) § 31.15%jj. Investigation of explosions and fires—The Director of the Bureau of Mines is hereby authorized to investigate all explosions and fires which Imay Occur in mines, quarries, factories, Warehouses, magazines, houses, Cars, boats, conveyances, and all places in which explosives or the ingredients thereof are manufactured, transported, stored, or used, and Shall, in his discretion, report his findings, in Such manner as he may deem fit, to the proper Federal or State authorities, to the end that if Such explosion has been brought about by a willful act the person Or per- Sons causing such act may be proceeded against and brought to justice; or, if said explosion has been brought about by accidental means, that precautions Imay be taken to prevent Similar accidents from OC- Curring. In the prosecution. Of Such investigations the employees of the Bureau of Mines are hereby granted the authority to enter the premises where such ex- plosion or fire has occurred, to examine plans, books, and papers, to administer Oaths to, and to examine all witnesses and persons concerned, without let or hindrance On the part of the Owner, lessee, Operator, or agent thereof. (Oct. 6, 1917, c. 83, § 20, 40 Stat. 388.) § 3115%k. Use of agencies of United States, States, etc.—The Director of the Bureau of Mines, with the approval of the President, is hereby author- ized to utilize such agents, agencies, and all officers of the United States and of the several States, Terri- tories, dependencies, and municipalities thereof, and the District of Columbia, in the execution of this Act, and all agents, agencies, and all Officers of the United States and of the several States and Territories, de- pendencies, and municipalities thereof, and the Dis- trict of Columbia, shall hereby have full authority for all acts done by them in the execution of this Act when acting by the direction of the Bureau Of Mines. (Oct. 6, 1917, c. 83, § 21, 40 Stat. 389.) - The President, by a proclamation, dated October 26, 1917, declareS: º “That from and after the 15th day of November, 1917, and during the present war with Germany, it will be un- lawful to manufacture, distribute, store, use, or possess. explosives or ingredients thereof, except as provided in said Act. - - “That the Director of the Bureau of Mines is hereby au- thorized to utilize, where necessary for the proper admin- istration of said Act, the services of all officers of the United States and of the several States, Territories, , de- pendencies, and municipalities thereof, and of the T)istrict of Columbia, and such other agents and agencies as he may designate, who shall have full authority for all acts done by them in the execution of the said Act. When acting under his direction.” § 311534kk. Appropriation—For , the enforce- ment of the provisions of this Act, including personal services in the District of Columbia and elsewhere, and including supplies, equipment, expenses of travel: ing and subsistence, and for the purchase and hire Of animal-drawn or motor-propelled passenger-Carrying vehicles, and upkeep of same, and for every Other ex- pense incident to the enforcement of the provisions of this Act, there is hereby appropriated, Out Of any money in the Treasury not otherwise appropriated, the sum of $300,000, or so much thereof as may be necessary: Provided, That not to exceed $10,000 shall be expended in the purchase of motor-propelled pas- senger-carrying vehicles. (Oct. 6, 1917, c. 83, § 22, 40 Stat. 389.) TRADING WITH THE ENEMY § 311.5%a. Designation of act—This Act shall be known as the “Trading with the enemy Act.” (Oct. 6, 1917, c. 106, § 1, 40 Stat. 411.) Tit. 17A) 3 8115%b (c) NATIONAL DEFENSE [Page 447I § 311.5%aa. Definitions—The word “enemy,” as used herein, shall be deemed to mean, for the pur- poses of such trading and of this Act— (a) Any individual, partnership, or other body of individuals, of any nationality, resident Within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at War Or in- corporated within any country other than the United States and doing business within Such territory. - (b) The government of any nation with which the TJnited States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, Or agency thereof. (c) Such other individuals, or body or class Of in- dividuals, as may be natives, citizens, or Subjects of any nation with which the United States is at War, Other than citizens of the United States, Wherever resident or wherever doing business, as the President, if he shall find the Safety of the United States Or the Successful prosecution of the war shall so require, may, by proclamation, include within the term “ene- my.” The words “ally of enemy,” as used herein, shall be deemed to mean— (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation which is an ally of a na- tion with which the United States is at War, or resi- dent outside the United States and doing business within such territory, and any corporation incorpo- rated within such territory of such ally nation, or in- Corporated Within any country other than the United States and doing business within such territory. (b) The government of any nation which is an ally Of a nation with which the United States is at War, Or any political Or municipal Subdivision. Of Such ally Ination, Or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of in- dividuals, as may be natives, citizens, or subjects of any nation which is an ally Óf a nation with which the United States is at war, Other than Citizens Of the |United States, wherever resident or wherever doing business, as the President, if he shall find the Safety Of the United States or the successful prosecution of the War shall so require, may, by proclamation, in- clude within the term “ally of enemy.” The word “person,” as used herein, shall be deemed to mean an individual, partnership, association, COm- pany, or other unincorporated body of individuals, or Corporation or body politic. The Words “United States,” as used herein, shall be deemed to mean all land and water, Continental Or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof. The words “the beginning of the war,” as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war. The words “end of the War,” as used herein, shall be deemed to mean the date of proclamation of ex- change of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the “end of the War” within the mean- ing Of this Act. The words “bank or banks,” as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the TJnited States, or of any State of the United States. The words “to trade,” as used herein, shall be deemed to mean— (a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or Obligation. (b) Draw, accept, pay, present for acceptance Or payment, or indorse any negotiable instrument Or chose in action. (c) Enter into, carry on, complete, or perform any contract, agreement, or obligation. (d) Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or other- wise dispose of or receive any form of property. gº (e) To have any form of business or commercial communication or intercourse with. (Oct. 6, 1917, C. 106, § 2, 40 Stat. 411.) I)eclaration of existence of state of war with Germany and Austria-Hungary by joint resolutions dated April 6, 1917, Dec. 7, 1917. Proclamation issued under this section, dated February 5, 1918, as follows, omitting formal portions: . “whereas, under the provisions of and by Virtue of the power and authority granted in Sections four thousand and sixty-seven, four thousand and sixty-eight, four thousand and sixty-nine, and four thousand and seventy, of the Re- vised Statutes, and in accordance With proclamations and regulations which have been or which may hereafter be made and established thereunder by the President of the United States, certain alien enemies have been, 9r may from time to time be, transferred after arrest into the cus- tody of the War Department for detention during the War; “Now, therefore, I, Woodrow Wilson, President of the United States of America, pursuant to the authority vested in me, and in accordance with the provisions of the said Act of October 6, 1917, known as the Trading with the En; emy Act, do hereby find that the safety of the United States and the successful prosecution of the present War require that all natives, citizens or subjects of the Ger- man Empire or of the Austro-Hungarian Empire Who, by virtue of the provisions of Sections four thousand and sixty-seven, four thousand and sixty-eight, four thousand and sixty-nine, and four thousand and seventy, of the Revised statutés, and of the proclamations and regulations thereunder, have been heretofore or may be hereafter transferred after arrest into the custody of the War De- partment for detention during the War, shall be included within the meaning of the word “enemy for the purposes of the Trading with the Enemy Act and of such trading; and I do hereby proclaim to all whom it may concern that every such alien enemy who is so transferred, after ar- rest, into the custody of the War Department for detention during the war, shall be and hereby is included within the meaning of the word “enemy’ and shall be deemed to constitute an “enemy” for said purposes.” § 311.5%b. Acts prohibited-It Shall be unlaw- ful— - (a) Trading without license-For any person in the United States, except with the license of the PreS- ident, granted to such person, or to the enemy, or ally of enemy, as provided in this Act, to trade, Qr at- tempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, Or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, directly or indirectly, for, or On account of, or on behalf of, or for the benefit of, an enemy or ally of enemy. (b) Transporting without license—For any per- son, except with the license of the President, to trans- port or attempt to transport into or from the |United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or attempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen. (c) Sending into or from United States letters —For any person (other than a person in the Service of the United States Government or of the GOvernment of any nation, except that of an enemy or ally of en- emy nation, and other than such persons or classes Of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any let- ter or other writing or tangible form of communica- tion, except in the regular course of the mail; and it shall be unlawful for any person to Send, take, or 3 31.15%b (d) (Tit. 17A NATIONAL DEFENSE [Page 448] transmit, or attempt to send, take, or transmit out of the United States, any letter or other Writing, book, Imap, plan, or other paper, picture, or any telegram, Cablegram, or wireless message, or other form of com- Imunication intended for or to be delivered, directly Or indirectly, to an enemy or ally of enemy: Provided, however, That any person may send, take, or trans- mit Out of the United States anything herein forbid- den if he shall first Submit the same to the President, Or to such officer as the President may direct, and Shall obtain the license or consent of the President, under such rules and regulations, and with such ex- emptions, as Shall be prescribed by the President. (d) Censorship of communications by mail- Whenever, during the present war, the President shall deem that the public Safety demands it, he may Cause to be Censored under Such rules and regulations as he may from time to time establish, communications by Imail, Cable, radio, or other means of transmission passing between the United States and any foreign Country he may from time to time specify, or which may be Carried by any vessel or other means of transportation touching at any port, place, or terri- tory Of the United States and bound to or from any foreign Country. Any person who willfully evades or attempts to evade the submission of any such commu- nication to such censorship or willfully uses or at- tempts to use any code or other device for the pur- pose Of Concealing from such censorship the intended meaning of Such communication shall be punished as provided in section sixteen of this Act. (Oct. 6, 1917, C. 106, § 3, 40 Stat. 412.) § 311.5%bb. (a) Licenses to enemy or ally of enemy insurance or reinsurance companies—Ev- ery enemy Or ally Of enemy insurance or reinsurance Company, and every enemy or ally of enemy, doing business within the United States through an agency or branch office, or otherwise, may, within thirty days after the passage of this Act, apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an Order either granting or refusing to grant Such license. The license, if granted, may be tempo- rary or otherwise, and for such period of time, and may contain such provisions and conditions regulating the business, agencies, managers and trustees and the Control and disposition of the funds of the company, Or Of Such enemy or ally of enemy, as the President Shall deem necessary for the safety of the United States; and any license granted hereunder may be revoked Or regranted or renewed in such manner and at Such times as the President shall determine: Pro- Vided, however, That reasonable notice of his intent to refuse to grant a license or to revoke a license granted to any reinsurance company shall be given by him to all insurance companies incorporated within the United States and known to the President to be doing business with such reinsurance company : Pro- Vided further, That no insurance company, organized Within the United States, shall be obligated to con- tinue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of ene- my insurance or reinsurance company, but any such Company may abrogate and cancel any such contract by Serving thirty days' notice in writing upon the President of its election to abrogate such contract. For a period of thirty days after the passage of this Act, and further pending the entry of such order by the President, after application made by any ene- my or ally of enemy insurance or reinsurance compa- ny, within such thirty days as above provided, the provisions of the President's proclamation of April Sixth, nineteen hundred and seventeen, relative to agencies in the United States of certain insurance Companies, as modified by the provisions of the Presi- dent’s proclamation of July thirteenth, nineteen hun- Čired and seventeen, relative to marine and war-risk inSurance, shall remain in full force and effect so - far as it applies to such German insurance companies, and the Conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by Said proclamation of July thirteenth, nineteen hundred and Seventeen, shall also during said period of thirty days after the passage of this Act, and pending the Order of the President as herein provided, apply to any enemy or ally of enemy insurance or reinsurance COmpany, anything in this Act to the contrary not- Withstanding. It shall be unlawful for any enemy Ol' ally of enemy insurance or reinsurance company, to whom license is granted, to transmit out of the Unit- ed States any funds belonging to or held for the bene- fit Of Such company or to use any such funds as the basis for the establishment directly or indirectly of any Credit within or Outside Of the United States to, Or for the benefit of, or on behalf of, or on account Of, an enemy or ally of enemy. For a period of thirty days after the passage of this Act, and further pending the entry of such Order by the President, after application made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance Company as above pro- vided, it shall be lawful for such enemy or ally of enemy to continue to do business in this country and for any person to trade with, to, from, for, on account of, on behalf of or for the benefit of such enemy or ally of enemy, anything in this Act to the contrary notwithstanding : Provided, however, That the pro- Visions of Sections three and sixteen hereof shall ap- ply to any act or attempted act of transmission Or transfer of money or other property out of the Unit- ed States and to the use or attempted use of such money Or property as the basis for the establishment of any credit within or Outside of the United States to, Or for the benefit Of, or On behalf of, or on account . Of, an enemy Or ally of enemy. If no license is applied for within thirty days after the passage of this Act, or if a license shall be refus- ed to any enemy or ally of enemy, whether insurance or reinsurance company, or other person, making ap- plication, or if any license granted shall be revoked by the President, the provisions of sections three and sixteen hereof shall forthwith apply to all trade or to any attempt to trade with, to, from, for, by, on ac- count of, or on behalf of, or for the benefit of such company or other person : Provided, however, That after such refusal or revocation, anything in this Act to the contrary notwithstanding, it shall be lawful for a policyholder or for an insurance Company, not an enemy Or ally of enemy, holding insurance or having effected reinsurance in Or with Such enemy Or ally of enemy insurance or reinsurance Company, to receive payment of, and for such enemy or ally of enemy in- Surance or reinsurance company to pay any premium, return premium, claim, money, security, or other prop- erty due or which may become due On or in respect to Such insurance or reinsurance in forcé at the date Of Such refusal Or revocation of license; and nothing in this Act shall vitiate or nullify then existing policies Or COntracts Of insurance Or reinsurance, Or the COndi- tions thereof; and any such policyholder or insur- ance Company, not an enemy or ‘ally Of enemy, hav- ing any claim to or upon money or other property of the enemy or ally of enemy insurance or reinsurance company in the custody or control of the alien prop- erty custodian, hereinafter provided for, or of the Treasurer of the United States, may make application for the payment thereof and may institute suit as provided in section nine hereof. (b) Change of name; foreign insurance compa- nies doing business in United States—During the present war, no enemy, or ally of enemy, and no part- nership of Which he is a member Or was a member at the beginning of the war, shall for any purpose assume Or use any name Other than that by Which Such enemy or partnership was Ordinarily known at the beginning of the war, except under license from the President. Whenever, during the present war, in the opinion Tit. 17A) 3 31.15%cc NATIONAL DEFENSE of the President the public safety or public interest requires, the President may prohibit any or all for- eign insurance companies from doing business in the United States, or the President may license such Company or companies to do business upon such terms as he may deem proper. (Oct. 6, 1917, c. 106, § 4, 40 Stat. 413.) : The proclamation of April 6, 1917, above referred to, reads as follows, after omitting formal portions: “Whereas, certain insurance companies, incorporated un- der the laws of the German Empire, have been admitted to transact the business of insurance in various States of the United States, by means of separate United States Branches established pursuant to the laws of such States, and are now engaged in business under the supervision of the Insurance Departments thereof, with assets in the United States deposited with Insurance Departments or in the hands of resident trustees, citizens of the United States, for the protection of all policyholders in the Unit- ed States; - “And whereas, the interests of the citizens of the United States in the protection afforded by such insurance are of great magnitude, so that it is deemed to be important that |. the agencies of such companies in the United States be permitted to continue in business; “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers wested in me as such, hereby declare and proclaim that such branch establishments of German Insurance Companies now engaged in the transaction of business in the United States pursuant to the laws of the several States are here- by authorized and permitted to continue the transaction of their business in accordance with the laws of such States in the same manner and to the same extent as though a state of war did not now exist; provided, however, that all funds of such establishments now in the possession of their managers or agents, or which shall hereafter come into their possession, shall be subject to such rules and regulations concerning the payment and disposition thereof as shall be prescribed by the insurance supervising offi- cials of the State in which the principal office of such es- tablishment in the United States is located, but in no event shall any funds belonging to or held for the benefit of such companies be transmitted outside of the United States nor be used as the basis for the establishment di- rectly or indirectly of any credit within or outside of the United States to or for the benefit or use of the enemy or any of his allies without the permission of this Govern- ment.” - . The proclamation of July 13, 1917, above referred to, reads as follows, after omitting formal portions: “Whereas, certain insurance companies, incorporated un- der the laws of the German Empire, have been admitted to transact the business of marine and war risk insurance in Various States of the United States, by means of sepa- rate United States Branches established pursuant to the laws of such States, and are now engaged in such busi- ness under the supervision of the Insurance Departments thereof, with assets in the United States deposited with Insurance Departments or in the hands of resident trus- tees, citizens of the United States, for the protection of all policy-holders in the United States; “And Whereas, the nature of marine and war risk in- Surance is such that those conducting it must of necessity be in touch with the movements of ships and cargoes, and it has been considered by the Government of great im– portance that this information should not be obtained by alien enemies; - . “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers vested in me as such, hereby declare and proclaim that such branch establishments of German Insurance Companies now engaged in the transaction of business in the United States pursuant to the laws of the several States are hereby prohibited from continuing the transaction of the business of marine and war risk insurance either as direct insurers or re-insurers; and all individuals, firms, and in- Surance companies incorporated under the laws of any of the States or Territories of the United States, or of any foreign country, and established pursuant to the laws of such States and now engaged in the United States in the business of marine and war risk insurance either as direct insurers or re-insurers are hereby prohibited from re- insuring with companies incorporated under the laws of the German Empire, no matter where located; and all persons in the United States are prohibited from insuring against marine or War risks with insurance companies in- corporated under the laws of the German Empire or with individuals, firms, and insurance companies incorporated under the laws of any of the States or Territories of the United States or of any foreign country and now engaged in the business of marine or war risk insurance in the United States, which re-insure business originating in the United States with companies incorporated under the laws of the German Empire, no matter where located. “The foregoing prohibitions shall extend and operate as to all existing contracts for insurance and re-insurance Which are hereby suspended for the period of the war, ex- cept that they shall not operate to vitiate or prevent the COMP. S.T.’18—29 [Page 449] insurance or re-insurance of, and the payment or receipt of, premiums on insurance or re-insurance under existing Contracts on vessels or interest at risk on the date of this proclamation, and such insurance or re-insurance, if for a Voyage, shałl continue in force until arrival at destina- tion, and if for time, until thirty days from the date of this proclamation, but if on a voyage, at that time, until the arrival at destination. - “Nothing herein shall be construed to operate to prevent the payment or receipt of any premium, return premium, or claim now due or which may become due on or in re- Spect to insurances or re-insurances not prohibited by this proclamation. - “That all funds of such German companies now in the possession of their managers or agents, or which shall hereafter come into their possession, shall be subject to Such rules and regulations concerning the payment and disposition thereof as shall be prescribed by the insurance Supervising officials of the State in which the principal Office of such establishment in the United States is locat- ed, but in no event shall any funds belonging to or held for the benefit of such companies be transmitted outside of the United States, nor be used as the basis for the es- tablishment, directly or indirectly, of any credit within or outside of the United States to or for the benefit or use of the enemy or any of his allies without the permission of this Government.” § 31.15% c. (a) Suspension of provisions of act relating to ally of enemy—The President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions Of this Act so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, Special Or general, temporary or Otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in sub- section (a) of section four hereof, and to perform any act made unlawful without Such license in Section three hereof, and to file and prosecute applications under subsection (b) of section ten hereof; and he Imay revoke or renew Such licenses from time to time, if he shall be of Opinion that such grant or revoca- tion or renewal shall be compatible with the safety of the United States and With the Successful prosecu- tion. Of the War; and he may make Such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this Act ; and the President may exercise any power or authority conferred by this Act through such offi- Cer Or Officers as he shall direct. If the President shall have reasonable cause to be- lieve that any act is about to be performed in viola- tion. Of Section three hereof he shall have authority to Order the postponement of the performance of such act for a period not exceeding ninety days, pending investigation of the facts by him. . (b) Regulation of transactions in foreign ex- change of gold or silver—The President may in- vestigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarkings of gold or silver coin or bul- lion or currency, transfers of credit in any form (oth- er than credits relating solely to transactions to be executed wholly within the United States), and trans- fers Of evidences of indebtedness or of the ownership of property between the United States and any for- eign country, whether enemy, ally of enemy or other- wise, or between residents of one or more foreign countries, by any person within the United States; and he may require any such person engaged in any such transaction to furnish, under oath, Complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection there with in the custody or control of Such person, either before Or after Such transaction is completed. (Oct. 6, 1917, c. 106, § 5, 40 Stat. 415.) § 311.5%.cc. Alien property custodian; general powers and duties—The President is authorized to appoint, prescribe the duties of, and fix the Salary & 8115%d(a) (Tit. 17A NATIONAL DEFENSE [Page 450I (not to exceed $5,000 per annum) of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or belonging to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this Act; and to hold, administer, and account for the same under the general direction Of the President and as provided in this Act. The alien property custodian shall give such bond or bonds, and in such form and amount, and with such security as the President Shall prescribe. The President may further employ in the District of Columbia and else- where and fix the compensation of such clerks, attor- neys, investigators, accountants, and other employees as he may find necessary for the due administration. of the provisions of this Act: Provided, That such clerks, investigators, accountants, and other employ- ees shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in ac- cordance with the civil-service law: Provided fur- ther, That the President shall cause a detailed report to be made to Congress on the first day of January of each year of all proceedings had under this Act during the year preceding. Such report shall Contain a list of all persons appointed or employed, With the salary or compensation paid to each, and a statement of the different kinds of property taken into Custody and the disposition made thereof. 106, § 6, 40 Stat. 415.) - - § 311.5%d. (a) Lists of enemy or aliy of extermy officers, directors or stockholders of corporations , in Ünited States—Every corporation incorporated within the United States, and every unincorporated association, or company, or trustee, or trustees within the United States, issuing shares or certificates rep- resenting beneficial interests, shall, under such rules and regulations as the President may prescribe and, within sixty days after the passage of this Act, and at such other times thereafter as the President may require, transmit to the alien property custodian a full list, duly sworn to, of every officer, director, or stockholder known to be, or whom the representative of such corporation, association, company, or trustee has reasonable cause to believe to be an enemy or ally of enemy resident within the territory, or a subject or citizen residing Outside of the United States, of any nation with which the United States is at war, or resident within the territory, or a subject or Citi- zen residing Outside of the United States, of any ally. Of any nation with which the United States is at war, together with the amount of Stock Or shares Owned by each such officer, director, or stockholder, or in which he has any interest. * The President may also require a similar list to be transmitted of all Stock or shares Owned on Feb- ruary third, nineteen hundred and seventeen, by any person now defined as an enemy or ally Of enemy, Or in which any Such person had any interest ; and he may also require a list to be transmitted of all cases in which said Corporation, association, company, or trustee has reaSOnable cause to believe that the Stock or shares on February third, nineteen hundred and seventeen, were owned or are owned by such enemy or ally of enemy, though standing on the books in the name of another : Provided, however, That the name of any such officer, director, or stockholder shall be stricken permanently or temporarily from such list by the alien property custodian when he shall be satisfied that he is not such enemy or ally of enemy. Any person in the United States who holds or has Or shall hold or have custody or control of any prop- erty beneficial or otherwise, alone or jointly with others, of, for, or on behalf of an enemy or ally of enemy, Or Of any person whom he may have reason- able Cause to believe to be an enemy or ally of enemy and any person in the United States who is or shall be indebted in any way to an enemy or ally of enemy, (Oct. 6, 1917, c. or to any person whom he may have reasonable cause to believe to be an enemy or ally of enemy, shall, With such exceptions and under such rules and reg- ulations as the President shall prescribe, and within thirty days after the passage of this Act, or within thirty days after such property shall come within his Custody or control, or after such debt shall become due, report the fact to the alien-property custodian by Written statement under oath containing such par- ticulars as said custodian shall require. The Presi- dent may also require a similar report of all property SO held, Of, for, or on behalf of, and of all debts so OWed to, any person now defined as an enemy or ally of enemy, On February third, nineteen hundred and Seventeen : Provided, That the name of any person Shall be stricken from the said report by the alien- property custodian, either temporarily or permanent- ly, When he shall be satisfied that such person is not . an enemy or ally of enemy. The President may ex- tend the time for filing the lists or reports required by this section for an additional period not exceeding Ininety days. (b) Acts constituting trade with enemy prior to passage of act—Nothing in this Act contained shall render valid or legal, or be construed to recog- nize as Valid or legal, any act or transaction con- Stituting trade with, to, from, for or on account of, or on behalf or for the benefit of an enemy performed or engaged in Since the beginning of the war and prior to the passage of this Act, or any such act or trans- action hereafter performed or engaged in except as authorized hereunder, which would otherwise have been or be void, illegal, or invalid at law. No con- Veyance, transfer, delivery, payment, or loan of money or other property, in violation of section three hereof, made after the passage of this Act, and not under li- Cense as herein provided shall confer or create any right or remedy in respect thereof; and no person Shall by virtue of any assignment, indorsement, or delivery to him of any debt, bill, note, or other obli- gation or chose in action by, from, or on behalf of, Or On a CCOunt Of, or for the benefit of an enemy or ally Of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, Or perform the same unless said assignment, indorse- ment, or delivery was made prior to the beginning of the War Or shall be made under license as herein pro- Vided, or unless, if made after the beginning of the war and prior to the date of passage of this Act, the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on be- half of, or on account of, or for the benefit of an ene- my Ol' ally of enemy; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, Or other obligation or chose in action shall, on convic- tion thereof, be deemed to violate section three here- Of : Provided, That nothing in this Act contained Shall prevent the carrying out, completion, or per- formance of any contract, agreement, or obligation Originally made with or entered into by an enemy or ally of enemy where, prior to the beginning of the War and not in COntemplation thereof, the interest of such enemy or ally of enemy devolved by assign- ment or otherwise upon a person not an enemy or ally Of enemy, and no enemy or ally of enemy will be ben- efited by Such Carrying Out, completion, or perform- ance Otherwise than by release from obligation there- under. Nothing in this Act shall be deemed to prevent pay- ment of money belonging or Owing to an enemy or ally of enemy to a person within the United States not an enemy or ally of enemy, for the benefit of such person or of any other person within the United States, not an enemy or ally of enemy, if the funds so paid shall have been received prior to the begin- ning of the war and such payments arise out of transactions entered into prior to the beginning of the war, and not in contemplation thereof: Provided, Tit. 17A) 3 31.15%dd (c) NATIONAL DEFENSE [Page 451] That such payment shall not be made without the li- cense of the President, general or special, as provided in this Act. - - - - • , Nothing in this Act shall be deemed to authorize the prosecution of any suit or action at law or in equity, in any court within the United States by an enemy or ally of enemy prior to the end of the war, except as provided in section ten hereof: Provided, however, That an enemy or ally of enemy licensed to do business under this Act may prosecute and main- tain any such suit or action so far as the same arises Solely out of the business transacted within the United States under such license and so long as such license remains in full force and effect: And provided fur- ther, That an enemy or ally of enemy may defend by Counsel any suit in equity or action at law Which may be brought against him. Receipt of notice from the President to the effect that he has reasonable ground to believe that any per- SOn is an enemy or ally of enemy shall be prima facie defense to any one receiving the same, in any Suit Or action at law or in equity brought or maintained, Or to any right or set-off or recoupment asserted by, such person and based on failure to complete Or perform Since the beginning of the war any contract or other Obligation. In any prosecution under section Sixteen hereof, proof of receipt of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy or ally of enemy shall be prima facie evidence that the person receiving Such notice has reasonable cause to believe Such Other person to be an enemy or ally of enemy Within the meaning of section three hereof. (e) Requiring property conveyed to alien property custodian—If the President shall SO re- Quire, any money or other property Owing Or belong- ing to or held for, by, on account of, or on behalf of, or for the benefit of an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall deter- mine is so owing or so belongs Or is So held, shall be Conveyed, transferred, assigned, delivered, or paid Over to the alien property custodian. - (d) Voluntary payment of property to alien. property custodian by holder—If not required to pay, Convey, transfer, assign, or deliver under the pro- visions of subsection (c) hereof, any person not an enemy or ally of enemy who owes to, or holds for, Or on account of, or on behalf of, or for the benefit of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any money Or other property, or to whom any obligation or form of liability to such enemy or ally of enemy is presented for payment, may, at his option, with the consent of the President, pay, Convey, transfer, assign, or deliver to the alien property custodian said money or other property under such rules and regulations as the Pres- ident shall prescribe. (e) Acts under order, rule, or regulation of President—No person shall be held liable in any court for or in respect to anything done or Omitted in pursuance of any Order, rule, or regulation made by the President under the authority Of this Act. Any payment, conveyance, transfer, assignment, or delivery of money or property made to the alien prop- erty custodian hereunder shall be a full acquittance and discharge for all purposes of the obligation of the person making the same to the extent of same. The alien property Custodian and such other persons as the President may appoint shall have power to ex- ecute, acknowledge, and deliver any such instrument Or instruments as may be necessary Or proper to evi- dence upon the record or otherwise such acquittance and discharge, and shall, in case of payment to the alien property custodian of any debt or obligation owed to an enemy or ally of enemy, deliver up any notes, bonds, or Other evidences Of indebtedness Or obligation, or any security therefor in which such enemy or ally of enemy had any right or interest that may have Come into the possession of the alien prop- erty custodian, with like effect as if he or they, re- Spectively, were duly appointed by the enemy or ally Of enemy, creditor, or obligee. The President shall issue to every person so appointed a certificate of the appointment and authority of such person, and Such Certificate shall be received in evidence in all Courts Within the United States. Whenever any such cer- tificate of authority shall be offered to any registrar, Clerk, or other recording officer, Federal or otherwise, Within the United States, such officer shall record the Same in like manner as a power of attorney, and such record Or a duly Certified Copy thereof shall be receiv- ed in evidence in all courts of the United States or Other courts within the United States. (Oct. 6, 1917, c. 106, § 7, 40 Stat. 416.) & - § 311.5%dd. (a) Contracts, mortgages, Olſº pledges against or with enemy or aily of enemy —Any person not an enemy or ally of enemy holding a lawful mortgage, pledge, or lien, or other right in the nature of Security in property of an enemy Or ally Of enemy which, by law or by the terms of the instru- Iment Creating such mortgage, pledge, or lien, Or right, may be disposed of on notice or presentation or de- mand, and any person not an enemy or ally of enemy who is a party to any lawful contract with an enemy or ally of enemy, the terms of which provide for a termination thereof upon notice or for acceleration of maturity on presentation or demand, may continue to hold said property, and, after default, may dispose Of the property in accordance with law or may ter- minate Or mature such contract by notice Or presenta- tion Or demand served or made On the alien property Custodian in a CCOrdance with the law and the terms Of Such instrument or contract and under such rules and regulations as the President shall prescribe; and such notice and such presentation and demand shall have, in all respects, the same force and effect as if duly served or made upon the enemy Or ally Of enemy personally: Provided, That no such rule or regula- tion shall require that notice or presentation or de- mand shall be served or made in any case in which, by law or by the terms of said instrument or contract, no notice, presentation, or demand was, prior to the passage of this Act, required ; and that in case where, by law or by the terms of such instrument Or Contract, notice is required, no longer period of notice shall be required: Provided further, That if, on any such dis- position of property, a surplus shall remain after the satisfaction of the mortgage, pledge, lien, or other right in the nature of security, notice of that fact shall be given to the President pursuant to such rules and regulations as he may prescribe, and Such Sur- plus shall be held subject to his further order. (b) Abrogation of contracts—Alny COntract en- tered into prior to the beginning Of the War between any citizen of the United States or any Corporation Organized within the United States, and an enemy or ally of an enemy, the terms Of Which provide for the delivery, during or after any war in which a present enemy or ally of enemy nation has been or is now engaged, of anything produced, mined, or manufactur- ed in the United States, may be abrogated by such citizen or corporation by serving thirty days' notice in writing upon the alien property custodian of his or its election to abrogate such COntract. . (e) Suspension of running of statutes of limi- tations—The running of any statute of limitations shall be suspended with reference to the rights or remedies On any Contract Or Obligation entered into prior to the beginning of the war between parties nei- ther of whom is an enemy or ally of enemy, and con- taining aliy promise to pay or liability for payment which is evidenced by drafts or other commercial pa- per drawn against or secured by funds or other prop- erty situated in an enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the said funds § 3115%e (Tit. 17A NATIONAL DEFENSE [Page 452] or property shall be released for the payment or satis- faction of such contract or obligation: Provided, how- ever, That nothing herein contained shall be construed to prevent the suspension of the running of the stat- ute of limitations in all other cases Where Such SuS- pension would occur under existing law. (Oct. 6, 1917, c. 106, § 8, 40 Stat. 418.) § 311.5%.e. Clairms to property, transferred to alien property custodian—Any perSon, not an ene- my, or ally Of enemy, claiming any interest, right, Or title in any money or other property which may have been Conveyed, transferred, assigned, delivered, Or paid to the alien property Custodian hereunder, and held by him or by the Treasurer of the United States, or to whom any debt may be owing from an enemy, or ally of enemy, whose property or any part thereof shall have been Conveyed, transferred, assigned, de- livered, or paid to the alien property custodian here- under, and held by him or by the Treasurer of the |United States, may file with the said custodian a no- tice Of his claim under Oath and in such form and Containing such particulars as the said custodian Shall require; and the President, if application is made therefor by the claimant, may, with the assent of the OWner of Said property and Of all persons claiming any right, title, or interest therein, order the payment, Conveyance, transfer, assignment or delivery to Said claimant Of the money or other property So held by the alien property custodian or by the Treasurer of the United States Or Of the interest therein to which the President shall determine said claimant is en- titled: Provided, That no such order by the Presi- dent shall bar any person from the prosecution of any Suit at law. Or in equity against the claimant to eS- tablish any right, title or interest which he may have in such money or other property. If the President shall not so Order within sixty days after the filing Of Such application, Or if the claimant shall have filed the notice as above required and shall have made no application to the President, said claimant may, at any time before the expiration of six months after the end of the War, institute a Suit in equity in the dis- trict COUI’t Of the United States for the district in which such claimant resides, or, if a Corporation, where it has its principal place . Of business (to which suit the alien property custodian or the Treasurer of the United States, as the case may be, shall be made a party defendant), to establish the interest, right, ti- tle, or debt. So claimed, and if Suit shall be so institut- ed then the money or other property of the enemy, Or ally Of enemy, against whom such interest, right, Or title is asserted, or debt claimed, shall be retained in the custody of the alien property custodian, or in the Treasury of the United States, as provided in this Act, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by payment or conveyance, transfer, assign- ment, or delivery by the defendant or by the alien property custodian or Treasurer of the United States On order of the court, or until final judgment or de- cree shall be entered against the claimant, or Suit Otherwise terminated. Except as herein provided, the money or other prop- erty conveyed, transferred, assigned, delivered, or paid to the alien property custodian shall not be liable to lien, attachment, garnishment, trustee process, or ex- ecution, or subject to any order or decree of any Court. This section shall not apply, however, to money paid to the alien property custodian under Section ten here- of. (Oct. 6, 1917, c. 106, § 9, 40 Stat. 419.) § 311.5%ee. Acts permitted—Nothing contained in this Act shall be held to make unlawful any of the following acts: (a) Applications for letters patent, or regis- tration of trade-mark or copyright—An enemy, Or ally of enemy, may file and prosecute in the United States an application for letters patent, or for regis- tration of trade-mark, print, label, or copyright, and may pay any fees therefor in accordance with and as required by the provisions of existing law and fees for attorneys or agents for filing and prosecuting such applications. Any such enemy, Or ally of enemy, who is unable during war, or within six months thereafter, On account of conditions arising out of war, to file any Such application, Or to pay any official fee, or to take any action required by law within the period prescrib- ed by law, may be granted an extension Of nine months beyond the expiration of said period, provided the nation of which the said applicant is a citizen, subject, or corporation shall extend substantially similar privileges to citizens and corporations of the United States. (b) Payment of tax in relation to patents, trade-marks, or copyrights—Any citizen of the TJnited States, or any corporation Organized within the United States, may, when duly authorized by the President, pay to an enemy or ally of enemy any tax, annuity, or fee which may be required by the laws of Such enemy Or ally Of enemy nation in rela- tion to patents and trade-marks, prints, labels, and copyrights; and any such citizen or corporation may file and prosecute an application for letters patent or for registration of trade-mark, print, label, or copy- right in the country of an enemy, Or of an ally of enemy after first submitting such application to the President and receiving license SO to file and prose- Cute, and to pay the fees required by law and Cus- tomary agents’ fees, the maximum amount Of which in each Case shall be subject to the control of the President. (e) Licenses to manufacture or use, articles covered by patent or copyright owned by enemy or aily of enemy—Any citizen of the United States or any corporation Organized within the United States (lesiring to manufacture, Or Cause to be manufactured, a machine, manufacture, Composition of matter, Ol' design, or to Carry On, or to use any trade-mark, print, label Or Cause to be Carried On, a process under any patent or Copyrighted matter Owned or controlled by an enemy Or ally of enemy at any time during the existence of a state of war may apply to the President for a license; and the President is hereby authorized to grant Such a license, nonexclusive Or exclusive as he shall deem best, provided he shall be of the opin- ion that such grant is for the public welfare, and that the applicant is able and intends in good faith to manufacture, Or Cause to be manufactured, the machine, manufacture, composition of matter, Or de- sign, or to Carry on, Or Cause to be carried On, the process or to use the trade-mark, print, label or copy- righted matter. The President may prescribe the con- ditions of this license, including the fixing of prices Of articles and products necessary to the , health of the military and naval forces of the United States Or the successful prosecution of the war, and the rules and regulations under which such license may be granted and the fee which shall be charged therefor, not exceeding $100, and not exceeding one per centum of the fund deposited as hereinafter provided. Such license shall be a COmplete defense to any suit at law or in equity instituted by the enemy or ally of enemy owners of the letters patent, trade-mark, print, label or copyright, or otherwise, against the licensee for infringement or for damages, royalty, or other money award on account of anything done by the licensee under Such license, except as provided in Sub- Section (f) hereof. ſº (d) Same; statements by licensees—The licensee shall file with the President a full Statement of the extent Of the use and enjoyment of the license, and of the prices received in such form and at such stated periods (at least annually) as the President may pre- scribe; and the licensee shall pay at such times as may be required to the alien property custodian not to exceed five per centum of the gross sums received by the licensee from the sale of said inventions or use of the trade-mark, print, label Or Copyrighted matter, or, if the President shall so order, five per centum Tit. 17A) § 31.15%f NATIONAſ, DEFENSE [Page 453] of the value of the use of such inventions, trade- marks, prints, labels or copyrighted matter to the licensee as established by the President; and Sums so paid shall be deposited by said alien property Custodian forthwith in the Treasury Of the United States as a trust fund for the said licensee and for the owner of the said patent, trade-mark, print, label or copyright registration as hereinafter provided, to be paid from the Treasury upon Order of the Court, as provided in subdivision (f) of this section, or upon the direction of the alien property custodian. (e) Samae; term; cancellation—Unless Surrender- ed Or terminated as provided in this Act, any license granted hereunder shall continue during the term fixed in the license or in the absence of any Such limitation during the term of the patent, trade-mark, print, label, or copyright registration under which it is granted. Upon violation by the licensee of any of the provisions of this Act, or of the conditions of the license, the President may, after due notice and hearing, cancel any license granted by him. (f) Same; suits against licensee—The owner of any patent, trade-mark, print, label, or Copyright un- der which a license is granted hereunder may, after the end of the war and until the expiration of One year thereafter, file a bill in equity against the li- censee in the district court of the United States for the district in which the said licensee resides, Or, if a corporation, in which it has its principal place Of business (to which Suit the Treasurer of the United States shall be made a party), for recovery from the said licensee for all use and enjoyment of the said patented invention, trade-mark, print, label, or COpy- righted matter: Provided, however, that whenever Suit is brought, as above, notice shall be filed With the alien property custodian within thirty days after date of entry of suit: Provided further, That the licensee may make any and all defenses which would be avail- able were no license granted. The court On due pro- ceedings had may adjudge and decree to the Said owner payment of a reasonable royalty. The amount of said judgment and decree, when final, Shall be paid on order of the court to the owner of the patent from the fund deposited by the licensee, So far as such deposit will satisfy said judgment and decree; and the said payment shall be in full or partial Satis- faction of said judgment and decree, as the facts may appear; and if, after payment of all such judgments and decrees, there shall remain any balance of Said deposit, such balance shall be repaid to the licensee on order of the alien property custodian. If no Suit is brought within One year after the end of the War, or no notice is filed as above required, then the li- censee shall not be liable to make any further depositS, and all funds deposited by him shall be repaid to him on Order of the alien property Custodian. Upon entry Of Suit and notice filed as above required, Or upon repayment of funds as above provided, the lia- bility of the licensee to make further reports to the President shall cease. If Suit is brought as above provided, the Court may, at any time, terminate the license, and may, in such event, issue an injunction to restrain the licensee from infringement thereafter, or the court, in case the licensee, prior to suit, shall have made investment Of capital based on possession of the license, may con- tinue the license for such period and upon such terms and With Such royalties as it shall find to be just and reasonable. *: (g) Restraining infringement of patents or copyrights by enemy or ally of enemy—Any enemy, Or ally of enemy, may institute and prosecute suits in equity against any person other than a licensee un- der this Act to enjoin infringement of letters patent, trade-mark, print, label, and copyrights in the Unit- ed States Owned or controlled by said enemy or ally of enemy, in the same manner and to the extent that he Would be entitled so to do if the United States was not at War: Provided, That no final judgment or de- Cree Shall be entered in favor of such enemy or ally Of enemy by any court except after thirty days' no- tice to the alien property custodian. Such notice shall be in Writing and shall be served in the same manner as Civil process of Federal courts. - (h) Powers of attorney—All powers of attorney heretofore or hereafter granted by an enemy or ally Of enemy to any person within the United States, in SO far as they may be requisite to the performance Of acts authorized in subsections (a) and (g) of this Section, Shall be Valid. (i) Keeping secret inventions—Whenever the publication of an invention by the granting of a pat- ent may, in the opinion of the President, be detri- mental to the public safety or defense, or may assist the enemy or endanger the successful prosecution of the War, he may order that the invention be kept Secret and withhold the grant of a patent until the end of the war: Provided, That the invention dis- closed in the application for said patent may be held abandoned upon it being established before or by the Commissioner of Patents that, in violation of said Order, said invention has been published or that an application for a patent therefor has been filed in any Other Country, by the inventor or his assigns or legal representatives, without the consent or approval of the Commissioner or under a license Of the President. When an applicant whose patent is withheld as herein provided and who faithfully obeys the order Of the President above referred to shall tender his invention to the Government of the United States for its use, he shall, if he ultimately receives a patent, have the right to sue for compensation in the Court Of Claims, such right to compensation to begin from the date Of the use of the invention by the Govern- ment. (Oct. 6, 1917, c. 106, § 10, 40 Stat. 420.) President’s proclamation, No. 1,372, dated May 24, 1917, au- thorizing citizens of United States owning German letters pat- ent to make payment of taxes, etc., required by laws of Ger- many, to preserve their rights therein. § 311.5%f. Importations prohibited—Whenever during the present war the President shall find that the public safety so requires and shall make proclama- tion thereof it shall be unlawful to import into the United States from any country named in such procla- mation any article Or articles mentioned in such proc- lamation except at Such time or times, and under Such regulations or Orders, and subject to such limita- tions and exceptions as the President shall prescribe, until otherwise ordered by the President or by Con- gress: Provided, however, That no preference shall be given to the ports Of One State Over those of an- other. (Oct. 6, 1917, c. 106, § 11, 40 Stat. 422.) Proclamations issued under this section: November 28, 1917, prohibiting importation into United States of antimony, anti- mony Ore, or any chemical extracted therefrom ; asbestos; beans of all kinds; balata.; burlap; castor Seed, Castor oil; cotton; chrome, chrome ore, or any ferro-alloy or chemical extracted therefrom ; cocoanut oil; cobalt, cobalt Ore, or any ferro-alloy or chemical extracted therefrom ; copra.; indus- trial diamonds; all ferro-alloys; flax; gutta joolatong; gutta percha; gutta Siak; hemp; hides and skins; jute; iridium; leather, manganese, manganese ore, or any ferro-alloy or chemical extracted therefrom; mica, molybdenum, molybdel- num ore, or any ferro-alloy or chemical extracted therefrom ; naxos emery and naxos emery ore; nickel, nickel ore, matte, or any ferro-alloy or chemical extracted therefrom ; sodium, po- tassium, or calcium nitrates; optical glass; palm oil; plati- num; plumbago; pyrites; rice; rubber, raw, reclaimed, waste or Scrap ; Scheelite; shellac; sisal; soya bean oil; Spiegel- eisen; Sugars; tanning materials; tin in bars, blocks, pigs, or grain or granulated; tin ore and tin concentrates, or any chemical extracted therefrom; titanium, titanium ore, or any ferro-alloy or chemical extracted therefrom ; tobacco; tungs- ten, tungsten ore, or any ferro-alloy or chemical extracted therefrom; vanadium, vanadium ore, or any ferro-alloy or chemical extracted therefrom ; wheat and Wheat fiour; Wolf- ramite; or wool, from Abyssinia, Afghanistan, Albania, Ar- gentina, Austria-Hungary, Belgium, her colonies, possessions and protectorates, Bolivia, Brazil, Bulgaria, China, Chile, Colombia, Costa Rica, Cuba, Denmark, her colonies, posses- sions and protectorates, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions and protectorates, Germany, her colonies, possessions and protectorates, Great Britain, her colonies, possessions and protectorates, Greece, Guatemala, Haiti, Honduras, Italy, her colonies, possessions and protec- torates, Japan, Liechtenstein, Liberia, Luxembourg, Mexico, § 3115%ff (Tit. 17A NATIONAL DEFENSE [Page 454] Monaco, Montenegro, Morocco, Nepal, The Netherlands, her colonies, possessions and protectorates, Nicaragua, Norway, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions and protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Spain, her colonies, possessions and protectorates, Sweden, Switzerland, Turkey, Uruguay, or Vene- zuela, except under license granted by the War Trade Board:- and February 14, 1918, prohibiting importation into United States of all kinds of arms, guns, ammunition and explosives, machines for their manufacture or repair, component parts thereof, materials or ingredients used in their manufacture, and all articles necessary or convenient for their use; all con- trivances for or means of transportation on land or in the wa- ter or air, machines used in their manufacture or repair, Com- ponent parts thereof, materials or ingredients used in their manufacture, and all instruments, articles and animals, neces- sary or convenient for their use; all means of Communication, tools, implements, instruments, equipment, maps, pictures, papers and other articles, machines and documents necessary or convenient for carrying on hostile operations; all kinds of fuel, food, foodstuffs, feed, forage and clothing, and all ar- ticles and materials used in their manufacture; all chemicals, drugs, dyestuffs and tanning materials; cotton, wool, Silk, flax, hemp, jute, sisal and other fibers and manufactures there- of; all earths, clay, glass, sand, stone, and their products; animals of every kind, their products and derivatives; hides, skins and manufactures thereof; all non-edible animal and vegetable products; all machinery, tools, dies, plates, and ap- paratus, and materials necessary or convenient for their manu- facture; medical, surgical, laboratory and sanitary Supplies and equipment; all metals, minerals, maineral oils, Ores, and all derivatives and manufactures thereof; paper pulp, books and all printed matter, and materials necessary and conven- ient for their manufacture; rubber, gums, rosins, tars and waxes, their products, derivatives and substitutes, and all ar- ticles containing them; wood and Wood manufactures; Coffee, cocoa, tea and spices; wines, spirits, mineral waters and bever- ages; and all other articles of any kind whatsoever, from the above enumerated countries, except under license granted in accordance with regulations or orders and subject to Such limitations and exceptions as have heretofore been, or Shall hereafter be prescribed. § 311.5%ff. Property transferred to alien property custodian—All moneys (including Checks and drafts payable on demand) paid to or received by the alien property custodian pursuant to this Act shall be deposited forthwith in the Treasury of the United States, and may be invested and . reinvested by the Secretary of the Treasury in United States bonds Or United States Certificates Of indebtedness, under such rules and regulations as the President 'shall prescribe for such deposit, investment, and Sale of securities; and as soon after the end of the war as the President shall deem practicable, such securi- ties shall be sold and the proceeds deposited in the Treasury. All other property of an enemy, or ally of enemy, Conveyed, transferred, assigned, delivered, Or paid to the alien property custodian hereunder shall be safely held and administered by him except as hereinafter provided; and the President is authorized to desig- nate as a depositary or depositaries, of property of an enemy or ally of enemy, any bank, Or banks, Or trust company, or trust companies, or other suitable depositary or depositaries, located, and doing busi- ness in the United States. The alien property CUS- todian may deposit with such designated depositary or depositaries, or with the Secretary of the Treas- ury, any stocks, bonds, notes, time drafts, time bills of exchange or other securities, or property (except money or checks or drafts payable on demand which are required to be deposited with the Secretary of the Treasury) and such depositary or depositaries shall be authorized and empowered to collect any div- idends Or interest Or income that may become due and any maturing obligations held for the account of Such Custodian. Any moneys Collected. On said a C- Count shall be paid and deposited forthwith by said depositary or by the alien property custodian into the Treasury of the United States as hereinbefore provided. The President shall require all such designated de- positaries to execute and file bonds Sufficient in his judgment to protect property On deposit, such bonds to be conditioned as he may direct. The alien property custodian shall be wested with all of the powers Of a Common-law trustee in respect of all property, other than money, which has been or shall be, Or which has been or shall be required to be, conveyed, transferred, assigned, delivered, or paid over to him in pursuance of the provisions of this Act, and, in addition thereto, acting under the Super- vision and direction of the President, and under Such rules and regulations as the President shall prescribe, shall have power to manage such property and do any act or things in respect thereof or make any dis- position thereof or of any part thereof, by sale Or Otherwise, and exercise any rights or powers which may be or become appurtenant thereto or to the OWn- ership thereof in like manner as though he were the absolute owner thereof: Provided, That any prop- erty sold under this Act, except when sold to the United States, shall be sold only to American citi- Zens, at public sale to the highest bidder, after public advertisement of time and place of sale which shall be where the property or a major portion thereof is situated, unless the President stating the reasons therefor, in the public interest shall otherwise de- termine: Provided further, That when sold at public sale, the alien property custodian upon the Order Of the President stating the reasons therefor, shall have the right to reject all bids and resell such property at public sale or otherwise as the President may di- rect. Any person purchasing property from the alien property Custodian for an undisclosed principal, Or for re-Sale to a person not a citizen of the United States, or for the benefit of a person not a citizen of the United States, shall be guilty of a misdemean- or, and, upon conviction, shall be subject to a fine Of not more than $10,000, or imprisonment for not more than ten years, or both, and the property shall be for- feited to the United States. It shall be the duty Of every corporation incorporated within the United States and every unincorporated association, Or COm- pany, or trustee, or trustees within the United States issuing shares or certificates representing beneficial in- terests to transfer such shares or certificates upon its, his, Or their books into the name of the alien property Custodian upon demand, accompanied by the presenta- tion Of the Certificates which represent Such shares or beneficial interests. The alien property custodian shall forthwith deposit in the Treasury of the United States, as hereinbefore provided, the proceeds of any Such property or rights so sold by him. Any money or property required or authorized by the provisions of this Act to be paid, conveyed, trans- ferred, assigned, or delivered to the alien, property Custodian Shall, if Said Custodian shall SO direct by written order, be paid, conveyed, transferred, assign- ed, or delivered to the Treasurer of the United States with the same effect as if to the alien property CuS- todian. After the end of the war any claim of any enemy or of an ally of enemy to any money Or Other prop- erty received and held by the alien property Custo- dian or deposited in the United States Treasury, shall be settled as Congress shall direct: Provided, how- ever, That on Order of the President as set forth in section nine hereof, or of the court, as set forth in sections nine and ten hereof, the alien property CuS- todian Or the Treasurer of the United States, as the case may be, shall forthwith Convey, transfer, as- sign, and pay to the person to whom the President shall so order, or in whose behalf the court shall en- ter final judgment or decree, any property of an en- emy or ally of enemy held by said custodian Or by said Treasurer, so far as may be necessary to COm- ply with said order of the President or said final judgment or decree of the court: And provided fur- ther, That the Treasurer of the United States, On Or- der of the alien property custodian shall, as provided in section ten hereof, repay to the licensee any funds deposited by said licensee. (Oct. 6, 1917, c. 106, § 12, 40 Stat. 423, amended, March 28, 1918, c. 28, § 1, 40 Stat.) . § 311.5%g. Statements by Imasters of vessels and owners of cargoes before granting clear- ances—During the present war, in addition to the facts required by sections forty-One hundred and ninety-Seven, forty-One hundred and ninety-eight, Tit. 17A) § 311.5%j NATIONAL DEFENSE [Page 455I and forty-two hundred of the Revised Statutes, as amended by the Act of June fifteenth, nineteen hun- dred and seventeen, to be set out in the master’s and shipper's manifests before clearance will be issued to Vessels bound to foreign ports, the master or person in Charge of any vessel, before departure of such ves- Sel from port, Shall deliver to the Collector of Cus- toms Of the district wherein such vessel is located a statement duly verified by oath that the cargo is "not Shipped Or to be delivered in violation of this Act, and the owners, shippers, or consignors of the Calgo. Of Such vessels shall in like manner deliver to the Collector like statement under oath as to the Cargo Or the parts thereof laden or shipped by them, respectively, which statement shall contain also the nameS and addresses of the actual consignees Of the Cargo, Or if the shipment is made to a bank or other broker, factor, or agent, the names and addresses of the persons who are the actual consignees on whose aCCOunt the shipment is made. The master or perSOn in Control of the vessel shall, on reaching port Of destination of any of the cargo, deliver a copy of the manifest and of the said master's, owner's, shipper's, Ol' COnSignor’s statement to the American consular officer of the district in which the cargo is unladen. (Oct. 6, 1917, c. 106, § 13, 40 Stat. 424.) § 311.5%gg. Same; refusal of clearance; re- ports of gold or silver coin ixi cargoes for export —During the present war, whenever there is rea- SOnable cause to believe that the manifest or the ad- ditional statements under oath required by the pre- Ceding section are false or that any vessel, domestic Or foreign, is about to carry Out of the United States any property to Or for the account Or benefit Of an enemy, or ally of enemy, or any property or person Whose export, taking out, or transport will be in Violation of law, the collector of customs for the dis- trict in which Such vessel is located is hereby author- ized and empowered subject to review by the Presi- dent to refuse clearance to any such vessel, domestic Or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, Or perSOn Or perSOnS in COmmand Or Charge Of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for Such VeSSel to depart. • The collector of customs shall, during the present war, in each case report to the President the amount Of gold or silver coin or bullion or other moneys of the United States Contained in any cargo intended for eXport. Such report shall include the names and ad- dresses Of the consignors and consignees, together With any facts known to the Collector With reference to such shipment and particularly those which may indicate that Such gold Or Silver Coin Or bullion Or moneys of the United States may be intended for de- livery or may be delivered, directly or indirectly, to an enemy or an ally of enemy. (Oct. 6, 1917, c. 106, § 14, 40 Stat. 424.) § 31.15%h. Appropriation for expenses—The sum of $450,000 is hereby appropriated, out of any money in the Treasury of the United States not other- Wise appropriated, to be used in the discretion of the President for the purpose of carrying out the provi- Sions of this Act during the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for the payment Of salaries Of all perSons employed under this Act, together with the necessary expenses for transportation, Subsistence, rental Of quarters in the District of Columbia, books of reference, periodicals, stationery, typewriters and exchanges thereof, mis- Cellaneous supplies, printing to be done at the Govern- ment Printing Office, penses not included in the foregoing. (Oct. 6, 1917, c. 106, § 15, 40 Stat. 425.) - § 311.5%hh. Offenses; punishment; forfei- tures of property—Whoever shall willfully violate and all other necessary ex- . any Of the provisions of this Act or of any license, rule, Or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any Order Of the President issued in Compliance with the provisions of this Act shall, upon conviction, be fined not more than $10,000, Or, if a natural person, im- prisoned for not more than ten years, or both ; and the Officer, director, or agent Of any Corporation who knowingly participates in Such Violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other arti- Cles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, COn Cerned in such violation shall be forfeited to the United States. (Oct. 6, 1917, c. 106, § 16, 40 Stat. 425.) § 31.15%i. Rules by distriet courts; appeals- The district Courts Of the United States are here- by given jurisdiction to make and enter all Such rules as to notice and otherwise, and all such Orders and decrees, and to issue such process as may be neces- Sary and proper in the premises to enforce the pro- visions of this Act, with a right of appeal from the final Order or decree of Such court as provided in sections one hundred and twenty-eight and two hun- dred and thirty-eight of the Act of March third, nine- teen hundred and eleven, entitled “An Act to COdify, revise, and amend the laws relating to the judiciary.” (Oct. 6, 1917, c. 106, § 17, 40 Stat. 425.) § 31.15%ii. Jurisdiction of courts of Philip- pines and Canal Zone of offenses—The several courts of first instance in the Philippine Islands and the district court of the Canal Zone shall have juris- diction. Of Offenses under this Act Committed. Within their respective districts, and Concurrent jurisdiction with the district courts of the United States of offens- es under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by Section thirty-seven Of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States,” approved March fourth, nineteen hundred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philippine Islands and to the Canal Zone. (Oct. 6, 1917, c. 106, § 18, 40 Stat. 425.) § 31.15%j. Print, newspaper or publication in foreign ianguages—Ten days after the approval Of this act and until the end of the War, it shall be un- lawful for any person, firm, corporation, or associa- tion, to print, publish, or circulate, or cause to be printed, published, or circulated in any foreign lan- guage, any news item, editorial or other printed mat- ter, respecting the Government of the United States, or of any nation engaged in the present War, its poli- cies, international relations, the state Or Conduct Of the War, Or any matter relating thereto: Provided, That this section shall not apply to any print, news- paper, or publication where the publisher or distribu- tor thereof, on Or before offering the same for mail- ing, Or in any manner distributing it to the public, has filed with the postmaster at the place of publica- tion, in the form of an affidavit, a true and complete . translation of the entire article containing such mat- ter proposed to be published in such print, newspaper, Or publication, and has caused to be printed, in plain type in the English language, at the head of each such item, editorial, Or Other matter, On each COpy Of Süch print, newspaper, or publication, the words “True translation filed with the postmaster at OIl (naming the post Office where the translation was filed, and the date of filing thereof), as required by the Act of (bere giving the date of this Act). Any print, newspaper, or publication in any foreign language which does not conform to the provisions of this section is hereby declared to be nonmailable, and it shall be unlawful for any person, firm, corporation, or association, to transport, carry, or otherwise pub- lish or distribute the same, or to transport, carry or otherwise publish or distribute any matter which is § 3115%j (Tit. 17A NATIONAI, DEFENSE [Page 456] made nonmailable by the provisions of the Act relat- ing to espionage, approved June fifteenth, nineteen hundred and seventeen: Provided further, That upon evidence satisfactory to him that any print, newSpa- per, or publication, printed in a foreign language may be printed, published, and distributed free from the foregoing restrictions and conditions without detri- ment to the United States in the conduct Of the pres- ent war, the President may cause to be issued to the printers or publishers of such print, newspaper, or publication, a permit to print, publish, and Circulate the issue or issues of their print, newspaper, or pub- lication, free from such restrictions and requirements, such permits to be subject to revocation at his discre- tion. And the Postmaster General shall cause Copies Of all such permits and revocations of permits to be furnished to the postmaster of the post office Serving the place from which the print, newspaper, or publica- tion, granted the permit is to emanate. All matter printed, published and distributed under permits shall bear at the head thereof in plain type in the English language, the words, “Published and distributed un- der permit authorized by the Act of (here giving date of this Act), on file at the post office of (giving name of office).” Any person who shall make an affidavit containing any false statement in connection with the translation provided for in this section shall be guilty of the Crime of perjury and subject to the punishment provided therefor by section one hundred and twenty-five of the Act of March fourth, nineteen hundred and nine, entitled “An Act to Codify, revise, and amend the pe- nal laws of the United States,” and any perSOn, firm, corporation, or association, violating any other re- quirement of this section shall, on conviction thereof, be punished by a fine of not more than $500, or by imprisonment of not more than one year, Or, in the discretion of the court, may be both fined and im- prisoned. (Oct. 6, 1917, c. 106, § 19, 40 Stat. 425.) FEDERAL CONTROLLED TRANSPORTATION systEMs § 311.5%a. Agreements as to compensation; operating income; war taxes; maintenance; railroads included—The President, having in time of war taken over the possession, use, control, and operation (called herein Federal control) of certain railroads and Systems of transportation (called here- in carriers), is hereby authorized to agree with and to guarantee to any Such Carrier making Operating returns to the Interstate Commerce Commission, that during the period of such Federal control it shall re- ceive as just Compensation an annual sum, payable from time to time in reasonable installments, for each year and pro rata for any fractional year of such Fed- eral control, not exceeding a sum equivalent as nearly as may be to its average annual railway. Operating in- come for the three years ended June thirtieth, nine- teen hundred and Seventeen. Any railway operating income accruing during the period of Federal control in excess of such just com- pensation shall remain the property of the United States. In the Computation of Such income, debits and credits arising from the accounts called in the monthly reports to the Interstate Commerce Commis- sion equipment rents and joint facility rents shall be included, but debits and Credits arising from the operation. Of Such street electric passenger railways, including railwayS COImmonly Called interurbans, as are at the time Of the agreement not under Federal Control, shall be excluded. . If any lines were acquir- ed by, leased to, or consolidated with such railroad or system between July first, nineteen hundred and fourteen, and December thirty-first, nineteen hundred and seventeen, both inclusive, and separate Operating returns to the InterState COmmerce Commission Were not made for such lines after such acquisition, lease, Or Consolidation, there shall (before the average is computed) be added to the total railway operating in- come of such railroad or system for the three years ended June thirtieth, nineteen hundred and Seventeen, the total railway operating income of the lines so ac- quired, leased, or consolidated, for the period begin- ning July first, nineteen hundred and fourteen, and ending On the date of such acquisition, lease, Or COn- solidation, or on December thirty-first, nineteen hun- dred and seventeen, whichever is the earlier. The average annual railway operating income shall be as- Certained by the Interstate Commerce Commission and Certified by it to the President. Its certificate shall, for the purpose of such agreement, be taken as COn- Clusive Of the amount of Such average annual railway Operating income. - Every such agreement shall provide that any Fed- eral taxes under the Act of October third, nineteen hundred and seventeen, or Acts in addition thereto or in amendment thereof, commonly called war taxes, aSSessed for the period of Federal control beginning January first, nineteen hundred and eighteen, or any part of such period, shall be paid by the carrier out Of its own funds, or shall be charged against or de- ducted from the just compensation; that other taxes assessed under Federal or any other governmental au- thority for the period of Federal control or any part thereof, either on the property used under such Fed- eral control or on the right to operate as a carrier, Or on the revenues or any part thereof derived from Operation (not including, however, assessments for public improvements or taxes assessed on property under Construction, and Chargeable under the classi- fication of the Interstate Commerce Commission to in- Vestment in road and equipment), shall be paid out of revenues derived from railway operations while un- der Federal Control; that all taxes assessed under Federal Or any other governmental authority for the period prior to January first, nineteen hundred and eighteen, whenever levied or payable, shall be paid by the carrier out of its own funds, or shall be charged against Or deducted from the just compensation. EVery Such agreement Shall also GOntain adequate and appropriate provisions for the maintenance, re- pair, renewals, and depreciation of the property, for the Creation of any reserves Or reserve funds found necessary in connection there with, and for such ac- COUnting and adjustments of charges and payments, both during and at the end Of Federal Control as may be requisite in order that the property of each car- rier may be returned to it in substantially as good repair and in substantially as complete equipment as it was in at the beginning Of Federal Control, and also that the United States may, by deductions from the just compensations or by other proper means and charges, be reimbursed for the Cost of any additions, repairs, renewals, and betterments to such property not justly chargeable to the United States; in mak- ing such accounting and adjustments, due considera- tion shall be given to the amounts expended Or re- served by each carrier for maintenance, repairs, re- newals, and depreciation during the three years end- ed June thirtieth, nineteen hundred and Seventeen, to the condition of the property at the beginning and at the end of Federal Control and to any other pertinent facts and circumstances. The President is further authorized in such agree- ment to make all other reasonable provisions, not in- consistent with the provisions of this Act or of the Act entitled “An Act making appropriations for the Support of the Army for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for Other purposes,” approved August twenty-ninth, nine- teen hundred and sixteen, that he may deem neces- sary or proper for such Federal control or for the determination of the mutual rights and obligations of the parties to the agreement arising from or out of such Federal Control. Tit. 17A) § 31.15%f NATIONAL DEFENSE [Page 457I If the President shall find that the condition of any carrier was during all or a substantial portion of the period of three years ended June thirtieth, nineteen hundred and seventeen, because of nonOperation, re- ceivership, or where recent expenditures for additions or improvements or equipment were not fully reflected in the operating railway income of said three years or a substantial portion thereof, or because of any undeveloped or abnormal conditions, so exceptional as to make the basis of earnings hereinabove provided for plainly inequitable as a fair measure of just Com- pensation, then the President may make with the car- rier such agreement for such amount as just Compen- sation as under the circumstances of the particular case he shall find just. Every railroad not owned, controlled, or Operated by another carrier company, and which has heretofore competed for traffic with a railroad or railroads of which the President has taken the possession, use, and control, or which connects with such railroads and is engaged as a common carrier in general transporta- tion, shall be held and considered as within “Federal control,” as herein defined, and necessary for the proS- ecution of the war, and shall be entitled to the benefit of all the provisions of this Act: Provided, however, That nothing in this paragraph shall be construed as including any street or interurban electric railway which has as its principal source of Operating revenue urban, suburban, or interurban passenger traffic, or sale of power, heat and light, or both. The agreement shall also provide that the carrier shall accept all the terms and conditions of this Act and any regulation or order made by or through the President under authority of this Act or of that por- tion of the Act entitled “An Act making appropria- tions for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and Seventeen, and for other purposes,” approved August twenty- ninth, nineteen hundred and sixteen, which author- izes the President in time of war to take possession, assume control, and utilize systems of transportation. (March 21, 1918, c. 25, § 1, 40 Stat.) See § 1947a. - § 311534b. Payment of compensation without agreements—If no such agreement is made, or pend- ing the execution of an agreement, the President may nevertheless pay to any carrier while under Federal control an annual amount, payable in reasonable in- stallments, not exceeding ninety per Centum of the eS- timated annual amount of just compensation, remit- ting such carrier, in case where no agreement is made, to its legal rights for any balance claimed to the remedies provided in section three hereof. Any amount thereafter found due such carrier above the amount paid shall bear interest at the rate Of Six per centum per annum. The acceptance of any bene- fits under this section shall constitute an acceptance by the carrier of all the provisions of this Act and shall obligate the carrier to pay to the United States, with interest at the rate of six per centum per annum from a date or dates fixed in proceedings under Sec- tion three, the amount by which the sums received un- der this section exceed the sum found due in Such pro- ceedings. (March 21, 1918, c. 25, § 2, 40 Stat.) § 31.15% c. Claims for compensation; agree- ments—All claims for just Compensation not adjusted (as provided in section One) shall, on the application of the President Or of any carrier, be submitted to boards, each consisting of three referees to be ap- pointed by the Interstate Commerce Commission, mem- pers of which and the Official force thereof being eligible for service on such boards without additional compensation. Such boards of referees are hereby authorized to summon witnesses, require the produc- tion of records, books, Correspondence, documents, memoranda, and other papers, View properties, admin- "ister oaths, and may hold hearings in Washington and elsewhere, as their duties and the convenience of the parties may require. In case of disobedience to a Sub- poena the board may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of dOC- umentary evidence, and such court within the juris- diction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena is- sued to any person, corporation, partnership, or as- sociation, issue an order requiring appearance before the board, or the production of documentary evidence if so ordered, or the giving of evidence touching the matter in question; and any failure to obey Such Or- der of the court may be punished by Such Court as a contempt thereof. Such cases may be heard Separate- ly or together or by classes, by such boards as the Interstate Commerce Commission in the first instance, or any board of referees to which any such cases Shall be referred may determine. Said boards shall give full hearings to such carriers and to the United States; shall consider all the facts and circumstances, and shall report as soon as practicable in each case to the President the just compensation, calculated. On an annual basis and otherwise in such form as to be convenient and available for the making of such agree- ment as is authorized in section One. The President is authorized to enter into an agreement with Such Carrier for just compensation upon a basis not in ex- cess of that reported by such board, and may include therein provisions similar to those authorized under Section One. Failing such agreement, either the Unit- ed States Or such carrier may file a petition in the Court of Claims for the purpose of determining the amount Of Such just Compensation, and in the proceed- ings in Said Court the report of said referees shall be prima facie evidence of the amount of just compen- sation and of the facts therein stated. Proceedings in the Court of Claims under this section shall be given precedence and expedited in every practicable way. (March 21, 1918, c. 25, § 3, 40 Stat.) § 31.15%d. Inerease of compensation—The just COmpensation that may be determined as hereinbefore provided by agreement or that may be adjudicated by the Court of Claims, shall be increased by an amount reckoned at a reasonable rate per centum to be fixed by the President upon the cost of any additions and betterments, less retirements, and upon the cost of road extensions to the property of such carrier made by such carrier with the approval of or by order of the President while such property is under Federal control. (March 21, 1918, c. 25, § 4, 40 Stat.) § 311.5%.e. Payment of dividends—No carrier while under Federal control shall, without the prior approval of the President, declare or pay any divi- dend in excess of its regular rate of dividends during the three years ended June thirtieth, nineteen hun- dred and seventeen: Provided, however, That such Carriers as have paid no regular dividends or no divi- dends during said period may, with the prior approv- al of the President, pay dividends at Such rate as the President may determine. (March 21, 1918, c. 25, § 5, 40 Stat.) § 311.5%f. Revolving fund; additions, better- ments—The Sum of $500,000,000 is hereby appropri- ated, out of any moneys in the Treasury not other- wise appropriated, which, together With any funds available from any Operating income of said carriers, may be used by the President as a revolving fund for the purpose of paying the expenses of the Federal control, and So far as necessary the amount of just compensation, and to provide terminals, motive pow- er, cars, and other necessary equipment, such termi- mals, motive power, cars, and equipment to be used and accounted for as the President may direct and to be disposed of as Congress may hereafter by law provide. The President may also make Or Order any carrier to make any additions, betterments, or road exten- § 3115%f (Tit. 17A, NATIONAL DEFENSE [Page,458] Sions, and to provide terminals, motive power, cars, and other equipment necessary or desirable for war purposes or in the public interest on or in connection With the property of any carrier. He may from said revolving fund advance to such carrier all or any part of the expense of such additions, betterments, or road extensions, and to provide terminals, motive power, cars, and other necessary equipment SO Order- ed and constructed by Such carrier or by the Presi- dent, such advances to be charged against Such Car- rier and to bear interest at such rate and be payable On Such terms as may be determined by the Presi- dent, to the end that the United States may be fully reimbursed for any sums so advanced. Any loss claimed by any carrier by reason of any such additions, betterments, or road extensions so or- dered and constructed may be determined by agree- ment between the President and such carrier; failing such agreement the amount of such loss shall be as- Certained as provided in section three hereof. From said revolving fund the President may ex- pend such an amount as he may deem necessary or desirable for the utilization and operation of Canals, or for the purchase, construction, or utilization and Operation of boats, barges, tugs, and Other transpor- tation facilities on the inland, canal, and CoastWise waterways, and may in the operation and use Of Such facilities create or employ such agencies and enter into such contracts and agreements as he shall deem in the public interest. (March 21, 1918, c. 25, § 6, 40 Stat.) - - § 311.5%g. Bonds for Inaturing obligations; reports—For the purpose of providing funds requi- site for maturing obligations or for other legal and proper expenditures, or for reorganizing railroads in receivership, carriers may, during the period. Of Fed- eral control, issue such bonds, notes, equipment trust certificates, stock, and other forms of securities, Se- cured or unsecured by mortgage, as the President may first approve as consistent with the public interest. The President may, out of the revolving fund created by this Act, purchase for the United States all Or any part of such securities at prices not exceeding par, and may sell such securities whenever in his judg- ment it is desirable at prices not less than the COSt thereof. Any securities so purchased shall be held by the Secretary of the Treasury; who shall, under the direction of the President, represent the United States in all matters in connection thereWith in the same manner as a private holder thereof. The Presi- dent shall each year as soon as practicable after Jan- uary first, cause a detailed report to be submitted to the Congress of all receipts and expenditures made under this section and section six during the preced- ing calendar year. (March 21, 1918, c. 25, § 7, 40 Stat.) § 311534 h. Powers of President; advice of In- terstate Commerce Commission—The President may execute any of the powers herein and hereto- fore granted him with relation to Federal Control through such agencies as he may determine, and may fix the reasonable compensation for the performance of services in connection thereWith, and may a Vail himself of the advice, assistance, and COOperation. Of the Interstate Commerce Commission and Of the members and employees thereof, and may also call upon any department, commission, or board of the Government for such services as he may deem ex- pedient. But no such official or employee of the Unit- ed States shall receive any additional compensation for such services except as now permitted by law. (March 21, 1918, c. 25, § 8, 40 Stat.) - Proclamation issued under this section, dated March 29, 1918—after referring to the proclamation of Dec. 26, 1917, which provided for the control, etc., of the systems taken over by William G. McAdoo, and also referring to Act March 21, 1918, c. 25, and particularly $ 8 thereof, authorizing the President to execute the powers Conferred through Such agencies as he may determine—as follows : “Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers and au- thority so vested in me by said act and of all other pow- ers me hereto enabling, do hereby authorize the said Wil- liam G. McAdoo, Director General of Railroads as afore- Said, either personally or through such divisions, agencies, Or persons as he may appoint, and in his own name or in the name of such divisions, agencies, or persons, or in the name of the President to agree with the carriers or any of them or with any other person in interest, upon the amount of compensation to be paid pursuant to law, and to sign, seal, and deliver in his own name or in the name of the President or in the name of the United States Such agreements as may be necessary and expedient with the several carriers or other persons in interest respecting compensation, or any other matter concerning which it may be necessary or expedient to deal and to make any and all contracts, agreements, or obligations necessary or expedient and to issue any and all orders which may in any way be found necessary and expedient in connection with the Federal control of systems of transportation, railroads, and inland waterways as fully in all respects as the President is authorized to do, and generally to do and perform all and singular all acts and things and to exer- cise all and singular the powers and duties which in and by the said act, or any other act in relation to the sub- ject hereof, the President is authorized to do and per- form.” See, also, Proclamation under § 1974a, ante. § 311.5%i. Act Aug. 29, 1916, c. 418, to re- maim in force; further powers of President—The provisions of the Act entitled “An Act making appro- priations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and Seventeen, and for other purposes,” approved August twenty-ninth, nineteen hundred and sixteen, shall re- main in force and effect except as expressly modified and restricted by this Act; and the President, in ad- dition to the powers conferred by this Act, shall have and is hereby given such other and further pow- ers necessary or appropriate to give effect to the pow- ers herein and heretofore Conferred. The provisions of this Act shall also apply to any carriers to Which Federal control may be hereafter extended. (March 21, 1918, c. 25, § 9, 40 Stat.) See § 1974a. * - § 31.15%j. Liabilities of carriers; actions by and against—Carriers while under Federal Control shall be subject to all laws and liabilities as Common carriers, whether arising under State or Federal laws or at Common law, except in so far as may be in- consistent with the provisions Of this Act or any other Act applicable to such Federal control Or with any Order Of the President. Actions at law or Suits in equity may be brought by and against such car- riers and judgments rendered as now provided by law ; and in any action at law or Suit in equity against the carrier, no defense shall be made thereto upon the ground that the Carrier is an instrumentality or agency of the Federal Government. Nor shall any such carrier be entitled to have transferred to a Federal court any action heretofore or hereafter insti- tuted by or against it, which action was not so trans- ferable prior to the Federal control of such carrier; and any action Which has heretofore been SO trans- ferred because of such Federal control or of any Act of Congress or official Order or proclamation relating thereto shall upon motion of either party be retrans- ferred to the court in which it was originally institut- ed. But no process, mesne or final, shall be levied against any property under Such Federal Control. During the period of Federal control, whenever in his Opinion the public interest requires, the President may initiate rates, fares, charges, classifications, reg- ulations, and practices by filing the same with the Tnterstate Commerce Commission, which said rates, fares, charges, Classifications, regulations. and prac- tices shall not be suspended by the Commission pend- ing final determination. Said rates, fares, charges, classifications, regula- tions, and practices shall be reasonable and just and shall take effect at Such time and upon such notice as he may direct, but the Interstate Commerce Commis- sion shali, upon complaint, enter upon a hearing con- cerning the justness and reasonableness of so much. of any order of the President as establishes or chang- Tit. 17A) ź 31.15%p NATIONAL DEFENSE es any rate, fare, charge, classification, regulation, or practice of any carrier under Federal control, and may consider all the facts and Circumstances exist- ing at the time of the making of the same. In deter- mining any question concerning any Such rates, fares, charges, classifications, regulations, or practices or changes therein, the Interstate Commerce Commis- sion shall give due consideration to the fact that the transportation systems are being Operated under a unified and COOrdinated national COntrol and not in Competition. - After full hearing the commission may make such findings and orders as are authorized by the Act to regulate commerce as amended, and said findings and orders shall be enforced as provided in said Act : Pro- vided, however, That when the President shall find and certify to the Interstate Commerce Commission that in order to , defray the expenses of Federal Con- trol and operation fairly chargeable to railway operat- ing expenses, and also to pay railway tax accruals Other than war taxes, net rents for joint facilities and equipment, and Compensation to the carriers, Operat- ing as a unit, it is necessary to increase the railway Operating revenues, the Interstate Commerce Commis- Sion in determining the justness and reasonableness of any rate, fare, charge, classification, regulation, or practice shall take into consideration said finding and certificate by the President, together with Such rec- Ommendations as he may make. (March 21, 1918, c. 25, § 10, 40 Stat.) - § 311.5%k. Violations of act; punishment—EV- ery perSon or Corporation. Whether Carrier Or shipper, or any receiver, trustee, lessee, agent, or person act- ing for or employed by a carrier or shipper, or other person, , who shall knowingly violate or fail to Ob- serve any of the provisions of this Act, or shall know- ingly interfere with or impede the possession, use, Op- eration, or control of any railroad property, railroad, or transportation system hitherto or hereafter taken over by the President, or shall knowingly violate any Of the provisions of any order or regulation made in pursuance of this Act, shall be guilty of a misdemean- Or, and shall, upon conviction, be punished by a fine Of not more than $5,000, or, if a person, by impris- Onment for not more than two years, or both. Each independent transaction constituting a violation of, or . a failure to observe, any of the provisions of this Act, Or any Order entered inepursuance hereof, shall consti- tute a separate Offense. For the taking or conversion to his own use or the embezzlement of money or prop- erty derived from or used in connection with the pos- Session, use, or operation of said railroads or trans- portation Systems, the criminal statutes of the United States, as well as the criminal statutes of the various States where applicable, shall apply to all officers, agentS and employees engaged in Said railroad and transportation Service, while the same is under Fed- eral control, to the same extent as to persons employ- ed in the regular service of the United States. Pros- ecutions for violations of this Act or of any order en- tered hereunder shall be in the district Courts Of the United States, under the direction of the Attorney General, in accordance With the procedure for the collection and imposing of fines and penalties now ex- isting in said courts. (March 21, 1918, c. 25, § 11, 40 Stat.) - § 311.5%l. Operating receipts—Moneys and oth- er property derived from the operation of the carriers during Federal control are hereby declared to be the property of the United States. Unless otherwise di- rected by the President, such moneys shall not be cov- ered into the Treasury, but such moneys and property Shall remain in the custody of the same officers, and the accounting thereof shall be in the same manner find form as before Federal control. Disbursements therefrom shall, without further appropriation, be made in the same manner as before Federal control and for such purposes as under the Interstate Com- IPage 4591 merce Commission classification of accounts in force. on December twenty-seventh, nineteen hundred and Seventeen, are chargeable to operating expenses or to railway tax accruals and for such other purposes in connection with Federal control as the President may direct, except that taxes under Titles One and TWO Of the Act entitled “An Act to provide revenue to de- fray war expenses, and for other purposes,” approV- ed October third, nineteen hundred and seventeen, Or any Act in addition thereto or in amendment thereof, shall be paid by the carrier out of its own funds. If Federal control begins or ends during the tax year for which any taxes SO chargeable to railway tax ac- Cruals are assessed, the taxes for such year shall be apportioned to the date of the beginning Or ending of such Federal Control, and disbursements shall be made only for that portion of such taxes as is due for the part of such tax year which falls within the pe- riod. Of Federal control. At such periods as the President may direct, the books shall be closed and the balance of revenues Over disbursements shall be covered into the Treasury Of the United States to the credit of the revolving fund Created by this Act. If such revenues are insufficient. to meet such disbursements, the deficit shall be paid Out Of such revolving fund in such manner as the President may direct. (March 21, 1918, c. 25, § 12, 40 Stat.) § 311.5%m. Pending cases against carriers—All pending Cases in the courts of the United States af- fecting railroads or other transportation systems brought under the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, as amended and supplemented, including the commod- ities Clause, SO Called, or under the Åct to protect trade and Commerce against unſawful restraints and monopolies, approved July second, eighteen hundred and ninety, and amendments thereto, shall proceed to final determination as soon as may be, as if the United States had not assumed control of transporta- tion systems; but in any such case the court having jurisdiction may, upon the application of the United States, stay execution of final judgment or decree un- til such time as it shall deem proper. (March 21, 1918, c. 25, § 13, 40 Stat.) - § 31.15%m. Time of federal control—The Fed- eral control of railroads and transportation systems herein and heretofore provided for shall continue for and during the period of the war and for a reasonable time thereafter, which shall not exceed One year and nine months next following the date of the proclama- tion by the President of the exchange of ratifications of the treaty of peace: Provided, however, that the President may, prior to July first, nineteen hundred and eighteen, relinquish control of all or any part of any railroad or system of transportation, further Federal Control of which the President shall deem not needful or desirable; and the President may at any time during the period of Federal control agree With the owners thereof to relinquish all or any part of any railroad or system of transportation. The President may relinquish all railroads and systems of transportation under Federal control at any time he shall deem such action needful Or desirable. No right to Compensation shall accrue to such owners from and after the date of relinquishment for the property so relinquished. (March 21, 1918, c. 25, § 14, 40 Stat.) . § 311.5%0. Existing laws or powers of states— Nothing in this Act shall be construed to amend, re- peal, impair, or affect the existing laws or powers of the States in relation to taxation or the lawful police regulations Of the several States, except wherein such laws, powers, Or regulations may affect the transporta- tion of troops, war materials, Government supplies, or the issue of stocks and bonds. (March 21, 1918, c. 25, § 15, 40 Stat.) - § 311.5%p. Act declared emergency legislation —This Act is expressly declared to be emergency leg- 3 31154/5 a (Tit. 17A, NATIONAL DEFENSE islation enacted to meet conditions growing out of War ; and nothing herein is to be construed as ex- pressing or prejudicing the future policy of the Fed- eral Government concerning the ownership, Control, Or regulation of carriers or the method or basis of the Capitalization thereof. (March 21, 1918, c. 25, § 16, 40 Stat.) WAR FINANCE CORPORATION AND CAPITAL ISSUES COMMITTEE TITLE I—WAR FINANCE CORPORATION § 31.15%a. Persons composing—The Secretary of the Treasury and four additional persons (who shall be the directors first appointed as hereinafter provided), are hereby created a body corporate and politic in deed and in law by the name, style, and ti- tle of the “War Finance Corporation” (herein called the Corporation), and shall have succession for a period of ten years: Provided, That in no event shall the Corporation exercise any of the powers conferred by this Act, except such as are incidental to the liqui- dation of its assets and the winding up of its affairs, after six months after the termination of the war, the date of such termination to be fixed by proclamation Of the President of the United States. (April 5, 1918, c. 45, § 1, 40 Stat.) § 311.5%a.a. Capital stock—The capital stock of the Corporation shall be $500,000,000, all of which shall be subscribed by the United States of America, and Such subscription shall be subject to call upon the Vote Of three-fifths of the board of directors of the Corporation, with the approval of the Secretary of the Treasury, at such time or times as may be deemed advisable; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriat- ed, the sum of $500,000,000, or so much thereof as may be necessary for the purpose of making payment upon such subscription when and as called. Receipts for payments by the United States of America for or on account Of Such stock shall be issued by the Cor- poration to the Secretary of the Treasury, and shall be evidence of stock ownership. (April 5, 1918, c. 45, § 2, 40 Stat.) - § 311.5%b. Directors—The management Of the Corporation shall be vested in a board of directors, consisting of the Secretary of the Treasury, who shall be chairman of the board, and four other persons, to be appointed by the President of the United States, by and with the advice and consent of the Senate. No director, Officer, attorney, agent, or employee of the Corporation shall in any manner, directly Or in- directly, participate in the determination of any ques- tion affecting his personal interests, or the interests Of any corporation, partnership, or association, in which he is directly or indirectly interested; and each director shall devote his time, not otherwise required by the business of the United States, principally to the business Of the Corporation. Before entering upon his duties, each of the four directors so ap- pointed, and each officer, shall take an oath faithfully to discharge the duties Of his office. Nothing Con- tained in this Or any other Act shall be Construed to prevent the appointment as a director of the Corpo- ration of any officer or employee under the United States Or Of a director of a Federal reserve bank. Of the four directors so appointed, the President Of the United States shall designate two to Serve for two years, and two for four years; and thereafter each director so appointed Shall serve for four years. Whenever a vacancy shall occur among the directors so appointed, the perSon appointed director to fill any such vacancy shall hold Office for the unexpired term Of the member whose place he is selected to fill. Any director shall be subject to removal by the President of the United States. Three members of the board of directors shall constitute a quorum for the transac- tion of business. (April 5, 1918, c. 45, § 3, 40 Stat.) - IPage 460I duties of its officers and agents. § 31.15%.c. Same; salaries—The four directors of the Corporation appointed as hereinbefore pro- vided shall receive annual salaries, payable monthly, of $12,000. Any director receiving from the United States any salary or compensation for services shall not receive as salary from the Corporation any amount which, together with any salary or compensa- tion received from the United States, would make the total amount paid to him by the United States and by the Corporation exceed $12,000. (April 5, 1918, c. 45, § 4, 40 Stat.) ‘. § 311.5%.cc. Office; branch offices—The princi- pal Office Of the Corporation shall be located in the District of Columbia, but there may be established agencies or branch offices in any city or cities of the United States under rules and regulations prescribed by the board of directors. (April 5, 1918, c. 45, § 5, 40 Stat.) § 311.5%d. Seal; corporate powers—The Corpo- ration shall be empowered and authorized to adopt, alter, and use a corporate seal; to make contracts; to purchase or lease and hold or dispose of such real estate as may be necessary for the prosecution of its business; to sue and be sued; to complain and defend in any court of competent jurisdiction, State or Fed- eral; to appoint, by its board of directors, and fix the Compensation of such officers, employees, attorneys, and agents as are necessary for the transaction of the business of the Corporation, to define their duties, re- Quire bonds of them and fix the penalties thereof, and to dismiss at pleasure such officers, employees, attor- neys, and agents; and to prescribe, amend, and repeal, by its board of directors, subject to the approval of the Secretary of the Treasury, by-laws regulating the manner in which its general business may be conduct- ed and the privileges granted to it by law may be exercised and enjoyed, and prescribing the powers and . (April 5, 1918, c. 45, § 6, 40 Stat.) § 311.5%dd. Advances to banks, bankers, or trust companies—The Corporation shall be empower- ed and authorized to make advances, upon such terms, not inconsistent here with, as it may prescribe, for periods not exceeding five years from the respective dates of such advances: (1) To any bank, banker, or trust company, in the |United States, which shall have made after April Sixth, nineteen hundred and seventeen, and which Shall have outstanding, any loan or loans to any per- Son, firm, corporation, or association, conducting an established and going business in the United States, whose Operations shall be necessary or contributory to the prosecution of the war, and evidenced by a In Ote Or notes, but no such advance shall exceed seven- ty-five per centum of the face value of such loan or loans; and t (2) To any bank, banker, or trust company, in the United States, which shall have rendered financial assistance, directly or indirectly, to any such person, firm, corporation, or association by the purchase after April sixth, nineteen hundred and seventeen, of its bonds or other obligations, but no such advance shall exceed seventy-five per centum of the value of such bonds or other obligations at the time of such advance, as estimated and determined by the board of direc- tors of the Corporation. All advances shall be made upon the promissory note or notes of such bank, banker, or trust company, Secured by the notes, bonds, or other obligations, which are the basis of any such advance by the Corporation, together with all the securities, if any, which such bank, banker, or trust company may hold as collateral for such notes, bonds, or other obligations. The Corporation shall, however, have power to make advances (a) up to one hundred per centum of the face value of any such loan made by any such bank, banker, or trust company to any such person, firm, corporation, or association, and (b) up to one hundred per centum of the value at the time of any such ad- Tit. 17A) 2 31154/5gg NATIONAL DEFENSE [Page 461 I vance (as estimated and determined by the board of directors of the Corporation) of such bonds or other Obligations by the purchase of which financial assist- ance shall have been rendered to such person, firm, corporation, or association: Provided, That every Such advance shall be secured in the manner described in the preceding part of this section, and in addition thereto by collateral security, to be furnished by the bank, banker, or trust company, of such character as shall be prescribed by the board of directors, of a val- ue, at the time Of Such advance (as estimated and de- termined by the board of directors of the Corporation), equal to at least thirty-three per Centum Of the amount advanced by the Corporation. The Corpora- tion shall retain power to require additional security at any time. (April 5, 1918, c. 45, § 7, 40 Stat.) § 31.15%e. Advances to savings banks, bank- ing institutions or trust companies; security for —The Corporation shall be empowered and authorized to make advances from time to time, upon such terms, not inconsistent herewith, as it may prescribe, for periods not exceeding one year, to any savings bank, banking institution or trust company, in the United States, which receives savings deposits, Or to any building and loan association in the United States, On the promissory note or notes of the borrowing institu- tion, whenever the Corporation shall deem Such ad- Vances to be necessary or contributory to the proSecu- tion of the war or important in the public interest: Provided, That such note or notes shall be secured by the pledge of securities of such character as Shall be prescribed by the board of directors of the Corpora- tion, the value of which, at the time of such advance (as estimated and determined by the board of directors of the Corporation) shall be equal in amount to at least one hundred and thirty-three per centum." Of the amount of such advance. The rate of interest Charg- ed on any such advance shall not be less than One per centum per annum in excess of the rate Of dis- count for ninety-day commercial paper prevailing at the time of Such advance at the Federal reserve bank of the district in which the borrowing institution is located, but such rate of interest shall in no case be greater than the average rate receivable by “the bor- rowing institution on its loans and investments made during the six months prior to the date of the ad- vance, except that where the average rate SO receiv- able by the borrowing institution is less than such rate of discount for ninety-day Commercial paper the rate of interest. On Such advance Shall be equal to Such rate of discount. The Corporation shall retain power to require additional security at any time. (April 5, 1918, c. 45, § 8, 40 Stat.) § 311.5%ee. Advances to persons, firms or cor- porations—The Corporation shall be empowered and authorized, in exceptional cases, to make advances di- rectly to any person, firm, corporation, or aSSOciation, conducting an established and going business in the United States, whose operations shall be necessary Or contributory to the prosecution of the war (but Only for the purpose of conducting such business in the United States and Only when in the Opinion Of the board of directors of the Corporation such person, firm, corporation, or association is unable to obtain funds upon reasonable terms through banking chan- nels or from the general public), for periods not ex- ceeding five years from the respective dates of such advances, upon such terms, and Subject to such rules and regulations as may be prescribed by the board of directors of the Corporation. In no case shall the aggregate amount of the advances made under this Section exceed at any One time an amount equal to twelve and one-half per centum of the sum of (1) the authorized capital stock of the Corporation plus (2) the aggregate amount of bonds of the Corporation au- thorized to be outstanding at any one time when the Capital stock is fully paid in. Every such advance Shall be secured by adequate security of such char- acter as shall be prescribed by the board of directors Of a Value at the time of such advance (as estimated and determined by the board of directors), equal to (except in case of an advance made to a railroad in the possession and control of the President, for the pur- pose Of making additions, betterments or road exten- Sions to Such railroad) at least One hundred and twen- ty-five per Centum of the amount advanced by the Cor- poration. The Corporation shall retain power to re- Quire additional Security at any time. The rate of interest charged On any Such advance Shall not be less than One per centum per annum in excess of the rate of discount for ninety-day commercial paper prevail- ing at the time of such advance at the Federal reserve bank Of the district in which the borrower is located. (April 5, 1918, c. 45, § 9, 40 Stat.) § 31.15%f. Limitation of aggregate amount of advances—In no case shall the aggregate amount of the advances made under this title to any One perSon, firm, corporation, or association exceed at any One time an amount equal to ten per centum of the author- ized capital stock of the Corporation, but this Section Shall not apply in the case of an advance made to a railroad in the possession and control of the President, for the purpose of making additions, betterments Or road extensions to such railroad. (April 5, 1918, c. 45, § 10, 40 Stat.) § 31.15%ff. Purchase of bonds of United States —The Corporation shall be empowered and authorized to subscribe for, acquire, and own, buy, sell, and deal in bonds and obligations of the United States issued or converted after September twenty-fourth, nineteen hundred and seventeen, to such extent as the board of directors, with the approval of the Secretary of the Treasury, may from time to time determine. (April 5, 1918, c. 45, § 11, 40 Stat.) § 311.5%g. Bonds of Corporation; issue, etc.— The Corporation shall be empowered and authorized to issue and have Outstanding at any One time its bonds in an amount aggregating not more than Six times its paid-in Capital, Such bonds to mature not less than one year nor more than five years from the respective dates of issue, and to bear such rate Or rates of interest, and may be redeemable before ma- turity at the option of the Corporation, as may be de- termined by the board of directors, but such rate Or rates of interest shall be subject to the approval Of the Secretary of the Treasury. Such bonds shall have a first and paramount floating Charge On all the assets of the Corporation, and the Corporation Shall not at any time mortgage or pledge any of its assets. Such bonds may be issued at not less than par in payment of any advances authorized by this title, Or may be offered for sale publicly or to any individual, firm, corporation, or association, at such price or pric- es as the board of directors, with the approval Of the Secretary of the Treasury, may determine. Upon such terms not inconsistent herewith as may be determined from time to time by the board of di- rectors, with the approval of the Secretary of the Treasury, at or before the issue thereof, any of such bonds may be issued payable in any foreign money or foreign moneys, or issued payable at the option of the respective holders thereof either in dollars Or in any . foreign money Or foreign moneyS at Such fixed rate of exchange as may be stated in any such bonds. For the purpose of determining the amount of bonds is- sued payable in any foreign money or foreign moneys the dollar equivalent shall be determined by the par of exchange at the date of issue thereof, as estimated by the Director of the Mint and proclaimed by the Secretary of the Treasury in pursuance of the provi- Sions of section twenty-five of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for Other purposes,” approved Au- gust twenty-seventh, eighteen hundred and ninety- four. (April 5, 1918, c. 45, § 12, 40 Stat.) § 311.5%gg. Same; discount by Reserve Banks of obligations of member banks secured by—The Federal reserve banks shall be authorized, subject to § 31154/5gg. (Tit. 17A. NATIONAL DEFENSE [Page 462] - the maturity limitations of the Federal reserve Act and to regulations of the Federal Reserve Board, to discount the direct obligations of member banks se- cured by such bonds of the Corporation and to re- discount eligible paper secured by such bonds and indorsed by a member bank. No discount or redis- Count under this section Shall be granted at a less interest charge than one per centum per annum above the prevailing rates for eligible commercial paper of COrresponding maturity. . . . ." - Any Federal reserve bank may, with the approval of the Federal Reserve Board, use any obligation or paper so acquired for any purpose for which it is au- thorized to use obligations or paper secured by bonds Or notes of the United States not bearing the Circula- tion privilege : Provided, however, That Whenever Federal reserve notes are issued against the security of such obligations or paper the Federal Reserve Board may make a special interest charge on Such notes, which, in the discretion of the Federal Re- serve Board, need not be applicable to other Federal reserve notes which may from time to time be issued and Outstanding. All provisions of law, not incon- Sistent here with, in respect to the acquisition by any Federal reserve bank of obligations Or paper secured. by such bonds or notes of the United States, and in respect to Federal reserve notes issued against the security of such obligations or paper, shall extend, in So far as applicable, to the acquisition of obliga- tions or paper secured by the bonds of the Corpora- tion and to the Federal reserve notes issued against the security of such obligations or paper. (April 5, 1918, c. 45, § 13, 40 Stat.) - § 311.5%h. Authorization to commence busi- 2ness—The Corporation shall not exercise any of the powers granted by this title or perform any business eXcept such as is incidental and necessarily prelimi- nary to its Organization until it has been authorized by the President of the United States to commence business under the provisions of this title. (April 5, 1918, c. 45, § 14, 40 Stat.) - § 311.5%hh. Net earnings to constitute reserve fund; depositaries and fiscal agents of—All net earnings of the Corporation not required for its Op- erations shall be a CCumulated as a reserve fund until such time as the Corporation liquidates under the terms of this title. Such reserve fund shall, upon the direction of the board of directors, with the approval of the Secretary of the Treasury, be invested in bonds and obligations of the United States, issued or con- verted after September twenty-fourth, nineteen hun- dred and Seventeen, Or upon like direction and ap- proval may be deposited in member banks of the Fed- eral Reserve System, or in any of the Federal reserve banks, or be used from time to time, as well as any other funds of the Corporation, in the purchase Or redemption of any bonds issued by the Corporation. The Federal reserve banks are hereby authorized to act as depositaries for and as fiscal agents of the Corporation in the general performance of the powers conferred by this title. Beginning six months after the termination of the war, the date of such termina- tion to be fixed by a proclamation of the President of the United States, the directors of the Corporation shall proceed to liquidate its assets and to wind up its affairs, but the directors of the Corporation, in their discretion, may, from time to time, prior to such date, Sell and dispose of any Securities or other prop- erty acquired by the Corporation. Any balance re- maining after the payment of all its debts shall be paid into the Treasury of the United States as mis- cellaneous receipts, and thereupon the Corporation shall be dissolved. (April 5, 1918, c. 45, § 15, 40 Stat.) § 311.5%i. Bonds of Corporation; exemption from taxation—Any and all bonds issued by the Cor- poration shall be exempt, both as to principal and interest, from all taxation now or hereafter imposed by the United States, any State, or any of the pos- Sessions of the United States, or by any local taxing ships, corporations, or associations. - an amount of such bonds the principal of Which does taxed. § 17, 40 Stat.) authority, except (a) estate or inheritance taxes, and (b) graduated additional income taxes, commonly known as surtaxes, and excess-profits and War-profits taxes, now or hereafter imposed by the United States, upon the income or profits of individuals, partner- The interest. On not exceed in the aggregate $5,000, OWned by any individual, partnership, corporation, or association, shall be exempt from the taxes referred to in Clause (b). The Corporation, including its franchise and the capital and reserve or surplus thereof, and the in- come derived therefrom, shall be exempt from all tax- ation now or hereafter imposed by the United States, any State, or any of the possessions of the United States, or by any local taxing authority, except that any real property of the Corporation shall be subject to State, county, or municipal taxes to the Same ex- tent, according to its value, as other real property is . (April 5, 1918, c. 45, § 16, 40 Stat.) - § 31.15%ii. Same; United States not liable for —The United States shall not be liable for the pay- ment of any bond or other obligation or the interest thereon issued or incurred by the Corporation, nor shall it incur any liability in respect of any act Or omission of the Corporation. (April 5, 1918, c. 45, § 311.5%j. Offenses; punishment–Whoever (1) makes any statement, knowing it to be false, for the purpose of obtaining for himself or for any other per- son, firm, corporation, or association any advance un- der this title, shall be punished by a fine Of not more than $10,000, or by imprisonment for not more than five years, or both. Whoever willfully overvalues any security by Which any suðh advance is secured, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. Whoever (1) falsely makes, forges, or counterfeits any bond, coupon, or paper in imitation of Or purport- ing to be in imitation of a bond or coupon issued by the Corporation ; or (2) passes, utters, Or publishes, or attempts to pass, utter, or publish, any false, forg- ed, or counterfeited bond, coupon, or paper purporting to be issued by the Corporation, knowing the same to be falsely made, forged, or counterfeited ; or (3) false- ly alters any such bond, coupon, or paper; or (4) pass- es, utters, or publishes as true any falsely altered Or spurious bond, coupon, or paper issued or purporting to have been issued by the Corporation, knowing the same to be falsely altered or spurious, shall be pun- ished by a fine Of not more than $10,000. Or by impris- onment for not more than five years, or both. Whoever, being connected in any capacity with the Corporation, (1) embezzles, abstracts, or Willfully misapplies any moneys, funds, or Credits thereof, Or | (2) with intent to defraud the Corporation or any Other Company, body politic Or Corporate, or any in- dividual, or to deceive any Officer of the Corporation, (a) makes any false entry in any book, report, or statement of the Corporation, or (b) without authority from the directors draws any order or assigns any note, bond, draft, mortgage, judgment, or decree there- of, shall be punished by a fine of not more than $10,- 000, or by imprisonment for not more than five years, or both. The Secretary of the Treasury is hereby authorized to direct and use the Secret Service Division of the Treasury Department to detect, arrest, and deliver in- to custody of the United States marshal having juris- diction any person committing any of the offenses pun- ishable under this section. (April 5, 1918, c. 45, § 18, 40 Stat.) § 311.5%k. Reports—The Corporation shall file quarterly reports with the Secretary of the Senate and with the Clerk of the House of Representatives, stating as of the first day of each month of the Quarter just ended (1) the total amount of capital paid in, (2) the total amount of bonds issued, (3) the Tit. 17A) § 31154/5 o NATIONAL DEFENSE [Page 4631 total amount of bonds outstanding, (4) the total amount of advances made under each of Sections Sev- en, eight, and uine, (5) a list of the classes and amount of securities taken under each of such sections, (6) the total amount of advances outstanding under each of sections seven, eight, and nine, and (7) such other in- formation as may be hereafter required by either House of Congress. The Corporation shall make a report to Congress on the first day of each regular session, including a de- tailed statement of receipts and expenditures. (April 5, 1918, c. 45, § 19, 40 Stat.) TITLE II—CAPITAL ISSUES COMMITTEE § 311.5%kk. Members; interest of members- There is hereby created a Committee to be known as the “Capital Issues Committee,” hereinafter called the Committee, and to be composed of seven members to be appointed by the President of the United States, by and With the advice and consent Of the Senate. At least three of the members shall be members of the Federal Reserve Board. No member, officer, attorney, agent, or employee of the Committee shall in any manner, directly. Or indi- rectly, participate in the determination of any question affecting his personal interests, or the interest of any Corporation, partnership, or association in Which he is directly or indirectly interested. Before entering upon his duties, each member and Officer shall take an oath faithfully to discharge the duties of his office. Nothing contained in this or any other Act shall be Construed to prevent the appointment as a member of the Committee, of any officer or employee under the º States or of a director of a Federal reserve bank. The terms during which the several members of the Committee shall respectively hold office shall be determined by the President of the United States; and the compensation of the several members of the Com- mittee who are not members of the Federal Reserve Board shall be $7,500 per annum, payable monthly, but if any such member receives any other compensation from any office or employment under the United States the amount so received shall be deducted from Such salary, and if such other compensation is $7,500 Or more, Such member shall receive no salary as a memº- ber of the Committee. Any member shall be subject to removal by the President of the United States. The President shall designate one of the members as chairman, but any subsequent vacancy in the chair- manship shall be filled by the Committee. Four mem- bers of the Committee shall constitute a quorum for the transaction of business. (April 5, 1918, c. 45, § 200, 40 Stat.) § 311.5%l. Officers and employees—The Commit- tee may employ and fix the compensation of Such Of- ficers, attorneys, agentS, and other employees as may be deemed necessary to conduct its business, who shall be appointed without regard to the provisions of the Act entitled “An Act to regulate and improve the civil Service of the United States,” approved January sixteenth, eighteen hundred and eighty-three (Volume twenty-two, United States Statutes at . Large, page four hundred and three), and amendments thereto or any rules or regulations made in pursuance thereof. No such officer, attorney, agent, or employee shall re- ceive more compensation than persons performing services of like or similar character under the Federal Reserve Board. (April 5, 1918, c. 45, § 201, 40 Stat.) § 31.15%ll. Expenses; Office—All the expenses Of the Committee, including all necessary expenses for transportation incurred by the members or by its Offi- cers, attorneys, agents, or employees under its Orders in making an investigation or upon official business in any other places than at their respective headquar- ters, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Chairman. The Committee may rent suitable offices for its use, and purchase such furniture, equipment, and Sup- plies as may be necessary, but shall not expend more than $10,000 annually for offices in the District Of Columbia. CŞ The principal office of the Committee shall be in the District of Columbia, but it may meet and eXer- cise all its powers at any other place. The Committee may, by one or more of its members, or by such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States. (April 5, 1918, c. 45, § 202, 40 Stat.) § 311.5%m. Powers as to issue of securities by corporations—The Committee may, under rules and regulations to be prescribed by it from time to time, investigate, pass upon, and determine whether it is Compatible. With the national interest that there should be sold or Offered for sale or for subscription any issue, or any part of any issue, of securities here- after issued by any person, firm, corporation. or as- Sociation, the total or aggregate par or face Value of Which issue and any other Securities issued by the Same person, firm, corporation, or association. Since the passage of this Act is in excess of $100,000. Shares of stock of any corporation or association with- Out nominal or par value shall for the purpose of this Section be deemed to be of the par value of $100 each. Any securities which upon the date of the passage of this Act are in the possession or control of the cor- poration, association, or obligor issuing the same shall be deemed to have been issued after the passage of this Act within the meaning hereof. Nothing in this title shall be construed to authorize such Committee to pass upon (1) any borrowing by any person, firm, Corporation, Or association in the Ordi- nary course of business as distinguished from borrow- ing for capital purposes, (2) the renewing or refund- ing of indebtedness existing at the time of the passage Of this Act, (3) the resale of any securities the sale or offering of which the Committee has determined to be compatible with the national interest, (4) any securities issued by any railroad corporation the property of which may be in the possession and Con- trol of the President of the United States, or (5) any bonds issued by the War Finance Corporation. Nothing done or omitted by the Committee hereun- der shall be construed as carrying the approval of the Committee or of the United States Of the legality, validity, worth, or security of any securities. (April 5, 1918, c. 45, § 203, 40. Stat.) § 311544 mm. Appropriation—There is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the remainder of the fiscal year ending June thirtieth, nineteen hundred and eigh- teen, and the fiscal year ending June thirtieth, nine- teen hundred and nineteen, the sum of $200,000 for the purpose of defraying the expenses of the establish- ment and maintenance of the Committee, including the payment of the salaries and rents herein authoriz- ed. (April 5, 1918, c. 45, § 204, 40 Stat.) § 311.5%m. Reports—The Committee shall make a report to Congress on the first day of each regular session, including a detailed statement of receipts and expenditures, and also including the names of all . officers and employees and the salary paid to each. (April 5, 1918, c. 45, § 205, 40 Stat.) & § 311544 mm. Time of effective operation of Ti- tle—This title shall continue in effect until, but not after, the expiration of six months after the termina- tion of the war, the date of such termination to be de- termined by a proclamation of the President of the United States, but the President may at any time by proclamation declare that this title is no longer nec- essary, and thereupon it shall cease to be in effect. (April 5, 1918, c. 45, § 206, 40 Stat.) TITLE: III—MISCELLANEOUS § 31.15%0. Offenses; punishment—Whoever willfully violates any of the provisions of this Act, ** 3 31154/s O (Tit. 17A, NATIONAL DEFENSE [Page 4641 except where a different penalty is provided in this Act, shall, upon conviction in any court of the United States of competent jurisdiction, be fined not more than $10,000 or imprisoned for not more than one year, or both ; and whoever knowingly participates in any such violation, except where a different penalty. is provided in this Act, shall be punished by a like fine or imprisonment, or both. (April 5, 1918, c. 45, § 300, 40 Stat.) * Section 301 of this act exempts from stamp taxes promis- § ºtes secured by obligation of United States. See § § 31.15%p. Partial invalidity of act—If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any Court of competent jurisdiction to be invalid, or, in case any court of competent jurisdiction shall adjudge to be invalid any provisions hereof in respect of any class or classes of securities, such judgment shall not affect, impair, Or invalidate the remainder of this Act, but shall be Con- fined in its Operation to the clause, sentence, para- graph, part, or Subject matter Of this Act directly in- volved in the controversy in which such judgment shall have been rendered. (April 5, 1918, c. 45, § 302, 40 Stat.) § 31.15%pp. “Securities” defined—The term “securities,” as used in this Act, includes Stocks, shares of Stock, bonds, debentures, notes, certificates of indebtedness, and other obligations. (April 5, 1918, c. 45, § 303, 40 Stat.) § 311.5%q. Amendment or repeal of act—The right to amend, alter, or repeal this Act is hereby ex- pressly reserved. (April 5, 1918, c. 45, § 304, 40 Stat.) § 31.15%qq. Short title of act—The short title of this Act shall be the “War Finance Corporation Act.” (April 5, 1918, c. 45, § 305, 40 Stat.) HOUSING FOR WAR–INDUSTRY EMPLOYES § 311.5%a. Acquisition of lands, houses and furnishings—The President, for the purposes of pro- viding housing, local transportation and other gener- al Community utilities for such industrial workers as are engaged in arsenals and navy yards of the United States and in industries connected with and essential to the national defense, and their families, and also employees of the United States whose duties require them to reside in the District of Columbia, and whose Services are essential to war needs, and their families, Only during the continuation of the existing war, is hereby authorized and empowered, within the limits Of the amounts herein authorized— (a) To purchase, acquire by lease, construct, requi- sition, or acquire by condemnation or by gift Such houses, buildings, furnishings, improvements, local transportation and other general community utilities and parts thereof as he may determine to be neces- sary for the proper conduct of the existing war. (b) To purchase, lease, requisition, or acquire by condemnation or by gift any improved or unimproved land, or any right, title, Or interest therein on which such houses, buildings, improvements, local transpor- tation and other general community utilities and parts thereof have been or may be constructed : Pro- vided, That colleges, museums, libraries, State or mu- nicipal buildings, and the furnishings in private dwell- ings shall not be acquired except by contract, nor shall any occupied dwelling Or place of abode be taken under the powers in this Act given except by contract unless the necessity thereof shall be determined by a judge of the circuit or district court of the United States exercising jurisdiction in the locality on peti- tion setting forth the reason and necessity for such taking; the hearing On Such petition shall be upon notice to the owner and occupant Of Such dwelling, and the determination of Such judge shall be final, but in no event shall any occupied private dwelling house be taken except by COntract unless Such dwell- ing be upon lands desired for the Construction of a Government structure: Provided further, That no existing limitation upon the right of any person to make a contract with the United States shall apply to Owners Whose property the President determines is necessary for Government purposes and desires to ei- ther lease or purchase by Contract under this Or any other Act authorizing the President to acquire prop- erty by lease or purchase. (c) To equip, manage, maintain, alter, rent, lease, eXchange, sell, and COnvey such lands, or any right, title, or interest therein, houses, buildings, improve- ments, local transportation and Other general Com- munity utilities, parts thereof, and equipment upon Such terms and COnditions as he may determine: Pro- Vided, That no sale and conveyance shall be made hereunder on Credit without reserving a first lien on Such property for the unpaid purchase money : Pro- Vided further, That in no Case shall any property hereby acquired be given away, nor Shall rents be furnished free, but the rental charges shall be real- Sonable and just as between the employees and the Government. (d) To aid in providing, equipping, managing, and maintaining houses, buildings, improvements, local transportation and other general community utilities by loan or OtherWise to such person or persons and upon Such terms and COnditions as he may determine : Provided, That no loan shall be made at a less rate of interest than five per centum per annum, and such loan shall be properly secured by lien, mortgage, or otherwise: And provided further, That no loan shall be made and no house or money given under this Act to any person not an American Citizen. (e) To take possession of, alter, repair, improve, and suitably arrange for living purposes to be used under the terms of this Act all houses on Square six hundred and thirty-three except the Maltby Building, Owned by the United States, together with any other houses in the District of Columbia Owned by the GOV- ernment and not now occupied. The President shall, in the Construction of buildings in the District of Columbia, make use of any lands owned by the Gov- ernment of the United States deemed by him to be suitable for the purpose and which have not hereto- fore been dedicated by Act of Congress for specific buildings. The President may exercise any power or discre- tion herein granted, and may enter into any arrange- ment or contract incidental thereto, through such agency Or agencies as he may Create Or designate : Provided, That houses erected by the Government un- der the authority of this Act shall be of only a tem- porary character except where the interests of the Government will be best subserved by the erection of buildings of a permanent character: Provided fur- ther, That whenever it is practicable to use any part Of the Office or field force of the Office Of the Super- vising Architect of the Treasury Department in or about any of the work contemplated by this Act, the President shall do so. (May 16, 1918, c. 74, § 1, 40 Stat.) § 31.15%b. Compensation for property acquir- ed—Whenever the President shall purchase, lease, req= uisition, or acquire by Condemnation. Or by gift such land or right, title, or interest therein, or such houses, buildings, furnishings, improvements, local transpor- tation and Other general COmmunity utilities, and parts thereof, he shall make just compensation there- for, to be determined by him, and if the amount there- Of SO determined is unsatisfactory to the perSOn en- titled to receive the same, such person shall be paid Seventy-five per centum of the amount SO determined and shall be entitled to sue the United States to re- cover such further sum as, added to such seventy-five per centum, will make up such amount as Will be just compensation therefor in the manner provided for by section twenty-four, paragraph twenty, and Section One hundred and forty-five of the Judicial Code. (May 16, 1918, c. 74, § 2, 40 Stat.) § 31.15%.c. Possession and occupancy of prop- erty—Upon the requisition of or the filing of a peti- tion for the condemnation hereunder of Such land, or Tit. 17A) 3 31155/6i NATIONAL DEFENSE [Page 465] any right, title, Or interest therein, or such houses, . buildings, furnishings, improvements, local transpor- tation and Other general community utilities, and parts thereof, immediate possession thereof may be taken to the extent of the interest to be acquired and the same may be occupied, occupant being given ten days’ notice in Which to vacate, and used, and the provisions of Section three hundred and fifty-five of the Revised Statutes, providing that no public money shall be expended upon Such land until the Written Opinion Of the Attorney General shall be had in favor Of the validity Of the title, nor until the consent of the legislature of the State in which the land is lo- cated has been given, shall be, and the same are here- by, Suspended as to all real estate acquired hereunder. (May 16, 1918, c. 74, § 3, 40 Stat.) § 311.5%d. “Person” defined—The word “per- son” used herein shall include any person, trustee, firm, or corporation. Stat.) § 311.5%e. Bisposition of property on termi- nation of act—The power and authority granted herein shall Cease with the termination of the present War, except the power and authority to care for, sell, or rent such property as remains undisposed of and to conclude and execute contracts for the sale of prop- erty made during the war. Such property shall be sold as Soon after the Conclusion of the war as it can be advantageously done: ProVided, That , before any sale is Consummated the Same must be authorized by Congress. (May 16, 1918, c. 74, § 5, 40 Stat.) § 311.5%f. Reports to Congress—At the begin- ning of each Session of Congress the President shall make to Congress a full and detailed report covering all of the transactions with relation to the subject matter of this Act, describing each parcel of land purchased, leased, or otherwise acquired, the improve- ments made thereon, together with the amount of money spent in connection there with and the disposi- tion Of the same; desCriptions Of all parcels of prop- erty sold, to whom, the terms of sale, and the status of the title at the time of the making of such report; description of each piece of property purchased un- der the terms Of this Act and still Owned by the GOV- ernment and the estimated value; a list showing the names Of all persons who have been employed in any capacity to aid in carrying out the provisions of this Act, the service rendered by each and the amount of compensation, including fees, commissions, allowanc- es, and traveling expenses paid to each, and a full, detailed, itemized statement showing each and every transaction in the execution of the trust herein Cre- ated, and immediately after the declaration of peace the President shall make a final report to Congress covering in detail all the operations and transactions, under and by virtue of the terms of this Act. (May 16, 1918, c. 74, § 6, 40 Stat.) § 31.15%g. Contracts; letting—No work to be done or contract to be made under or by authority of any provision of this Act shall be done or made On Or under a percentage or Cost-plus percentage basis, nor shall any contract be let involving more than $1,- 000 until at least three responsible competing con- tractors shall have been notified and considered in Connection with such contract, and all contracts to be awarded to the lowest responsible bidder, the Gov- COMP.ST.’18–30 (May 16, 1918, c. 74, § 4, 40 ernment reserving the right to reject any and all bids. (May 16, 1918, c. 74, § 7, 40 Stat., amended, June 4, 1918, c. 92, 40 Stat.) § 311.5%gg. Corporations to carry out act— The President, if in his judgment such action is deem- ed necessary Or advantageous, may authorize the crea- tion of a Corporation Or Corporations for the purpose of Carrying out the Act entitled “An Act to authorize the President to provide housing for war needs,” ap- proved May sixteenth, nineteen hundred and eighteen, Such COrporation or Corporations to have or obtain all powers necessary or appropriate therefor. The total capital stock Of the corporation Or Corporations authorized hereunder shall not exceed $60,000,000: Provided, That where such corporation or corporations are Created by authority of the President, representa- tives appointed by the President, or by such agency as he may designate to Carry out the purposes Of the said Act, shall Subscribe to, Own, and vote the Cap- ital Stock thereof for and on behalf of the United States, and shall do all other things in regard thereto necessary to protect the interests of the United States and to Carry Out the provisions of the said Act: Pro- vided further, That section six hundred and five Of the Code of the District of Columbia prohibiting a Corporation from buying, selling or dealing in real estate shall not apply to Such corporation or Corpora- tions So Created or designated, with respect to buying, Selling Or dealing in real estate in furtherance Of the provisions of the said Act: Provided further, That the Act entitled “An Act to amend section five hun- dred and fifty-two of the Code of Laws for the Dis- trict of Columbia, relating to incorporations,” ap- proved February fourth, nineteen hundred and five, shall not apply to any Corporation or corporations created under the authority contained in this para- graph. (June 4, 1918, C. 92, 40 Stat.) § 311.5%h. Appropriation—For carrying out the provisions of this Act and for the administration thereof the sum of $60,000,000, or so much thereof as may be necessary, is hereby authorized : Provided, That $10,000,000, or so much thereof as may be nec- essary, of the amount hereby authorized shall be used Only to build Or acquire, as herein provided, housing accommodations within the District of Columbia for Such GOvernment employees as can not be used as advantageously in other cities in the service of the Government, of which the sum of $75,000, or so much thereof as shall be necessary therefor, shall be used by the Superintendent of the United States Capitol Buildings and Grounds to convert the building known as the Maltby Building into an apartment house Or for Office purposes: Provided further, That the ex- penditure in the District of Columbia shall be made with a view to caring for the alley population of the District when the war is over, so far as it can be done without interfering with war housing purposes. (May 16, 1918, c. 74, § 8, 40 Stat.) § 311.5%i. Revolving fund—All moneys received by the United States in carrying out the Act entitled “An Act to authorize the President to provide hous- ing for war needs,” approved May sixteenth, nineteen hundred and eighteen, may be used as a revolving fund until June thirtieth, nineteen hundred and nine- teen, for further carrying out the purposes of the said Act. (June 4, 1918, c. 92, 40 Stat.) TITLE XVIII—DIPLOMATIC AND CONSULAR OFFICERS Chap. Sec. 1. Diplomatic officers tº e e g e s e e º e º a e º & © tº e º 'º tº e º 0 & © tº e º e 31.16 2. Consular officers e e º e º e º ºs e e s s e e º 'º e º 'º e º tº 'º e º & © & © e º 'º 3137 Chapter One—Diplomatic Officers Sec. 3116. Official designations employed in Title. 31.17. Salaries. 3118. Chargé and consul-general at Teheran. 3119. Agent and consul-general at Cairo. 3.120. Same; title. 3121. New ambassadorship created only by Congress. 3122. Ambassador to Spain. 3122a. Ambassador to Argentina. 3122b. Ambassador to Chile. 3123. Envoy extraordinary and minister plenipotentiary to Pa- Taguay. º 3124. Envoy extraordinary and minister plenipotentiary to Uruguay. 3125. Secretary of legation to Turkey. 3126. Interpreter of legation to Turkey. 3127. Interpreter of legation to Japan. 3128. Minister to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua. * 3129. Representatives to Hayti and Liberia. 3.130. Condition of compensation of chargé d'affaires or secre- tary. 3130a. Secretaries, consuls general, and consuls. 31.30aa. Secretaries in Diplomatic Service; counselor of em- bassy or legation. 3130b. Secretaries, consuls general, and consuls; classifica- tion; salaries. 3130c. Reports as to efficiency and fitness for appointment. 3130d. Diplomatic officers not to transact business. 3131. Secretary of embassy or legation acting as chargé d'af- faires, and Vice consul in charge of Consulate general Or COn Sulate. 3131a. Expenses of secretary, tailed for special duty. Compensation of persons filling two offices. Clerks to be citizens. Accounting for fees at legations. Annual allowance to secretaries and messenger of lega- tion at Paris. 3136. Uniforms and official costumes. § 3116. Official designations employed in Title—The Official designations employed throughout this title shall be deemed to have the following mean- ings, respectively: - & First. “Consul general” and “consul” shall be deem- ed to denote full, principal, and permanent COnSular officers as distinguished from subordinates and Sub- stitutes. Second. “Consular agent” shall be deemed to denote consular Officers subordinate to such principals exer- cising the powers vested in them and performing the duties prescribed for them by regulation of the Presi- dent at posts or places different from those at Which such principals are located, respectively. Third. “Vice consuls” shall be deemed to denote consular officers subordinate to such principals exer- Gising and performing the duties within the limits of their consulates at the same Or at different points and places from those at which the principals are located, except that when vice consuls take charge Of consulates general or consulates when the princi- pal officers shall be temporarily absent or relieved from duty they shall be deemed to denote Consular officers who shall be substituted, temporarily, to fill the places of said consuls general or consuls. - Fourth. “Consular Officer” shall be deemed to in- clude consuls general, Consuls, vice consuls, interpre- ters in consular offices, student interpreters, and con- Sular agents, and none OtherS. Fifth. “Diplomatic Officer” shall be deemed to in- clude ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, counselors, agents, secretaries of embassy and legation, and Secretaries in the Diplo- matic Service, and none others. (R. S. § 1674, amend- ed, Feb. 5, 1915, c. 23, § 6, 38 Stat. 806. July 1, 1916, c. 208, 39 Stat. 252.) Grades of commercial agent, vice-commercial agent, and deputy consul, were abolished by § 3140. Grade of deputy consul was abolished by § 3140a. Words “minister” and “consul,” as used in Title XLVII, were defined by § 7676. consul general, or consul de- 3132. 3133. 3.134. 3135. Chap. - Sec, 3. Provisions common to diplomatic and consular Officers * * * * * * * ~ * * * * * * * * * * * * * * * * * * e º s e º e s ∈ e s s a s 6 31.98 § 3117. Salaries—Ambassadors and envoys ex- traordinary and ministers plenipotentiary shall be entitled to compensation at the rates following, per annum, namely: Those to France, Germany, Great Britain, and Rus- Sia, each, seventeen thousand five hundred dollars. Those to Austria, Brazil, China, Italy, Japan, Mex- ico, and Spain, each, twelve thousand dollars. Those to all other countries, unless where a differ- ent Compensation is prescribed by law, each, ten thou- Sand dollars. And, unless when otherwise provided by law, min- isters resident and commissioners shall be entitled to Compensation at the rate of seventy-five per centum, Chargés d'affaires at rate of fifty per centum, and Secretaries of legation at the rate of fifteen per cent- um, Of the amounts allowed to ambassadors, envoys extraordinary, and ministers plenipotentiary to the Said Countries respectively; except that the secretary Of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum. The Second secretaries of the legations to France, Germany, and Great Britain shall be entitled to com- pensation at the rate of two thousand dollars each per annum. (R. S. § 1675.) Subsequent diplomatic and consular appropriation acts provide salaries, for the various diplomatic officers differ- ing SomeWhat from those fixed by this section. When Such acts make changes in salaries they have been held to Supersede previous conflicting acts (3 Sup. Ct. 154, 109 U. S. 143, 27 L. Ed. 885; 10 Wall. 62, 19 L. Ed. 864; Ct. 1185, 118 U. S., 389, 30 L. Ed. 164; 8 Sup. Ct. 30, 123 U. S., 182, 31 L. Ed. 127; 10 Sup. Ct. 251, 133 U. S. 180, 33 L. Ed. 571; ; 10 Sup, Ct. 327, 133 U. S. 273, 33 L. Ed. 625). The provisions of the current appropriation act (Act April 15, 1918, c. 52, 40 Stat. —) are as follows: “Salaries of Ambassadors and Ministers. “Ambassadors extraordinary and plenipotentiary to Aus- tria-Hungary, Argentina, Brazil, Chile, France, Germany, Great Britain, Italy, Japan, Mexico, Russia, Spain, and Turkey, at $17,500 each, $227,500; “Envoys extraordinary and ministers plenipotentiary to Belgium, China, Cuba, and the Netherlands and Luxem- berg, at $12,000 each, $48,000; “Envoys extraordinary and ministers plenipotentiary to Bolivia, Colombia, Costa Rica, Denmark, Dominican Re- public, Ecuador, Greece and Montenegro, Guatemala, Haiti, Honduras, Nicaragua, Norway, Panama, Paraguay, Uru- guay, Persia, Peru, Portugal, Salvador, Siam, Sweden, Switzerland, and Venezuela, at $10,000 each, $230,000; “Envoy extraordinary and minister plenipotentiary to Roumania, Serbia, and Bulgaria, $10,000; “Minister resident and consul general to Liberia, $5,000; “Agent and consul general at Tangier, $7,500; “Agent and consul general at Cairo, $6,500; “Provided, That no salary herein appropriated shall be paid to any official receiving any other salary from the United States Government; “Total, $534,500. “Salaries, Chargés d'Affaires ad Interim. “For salaries for chargés d'affaires ad interim, $50,000. “Total, $587,000. - The sums thus appropriated were “severally appropriat- ed, in full compensation for the Diplomatic and Consular Service for the fiscal year.” Compensation provided for officers mentioned in this section, etc., is not to be paid to any person holding such offices who is not a citizen of the United States, by § 3203. And see § 3230a. § 3118. Chargé and consul-general at Teher- an—That section sixteen hundred and Seventy-five of the Revised Statutes of the United States be, and the same is hereby, amended by inserting after the words “Liberia, four thousand dollars,” the words “chargé d'affaires and consul-general at Teheran, Persia, five thousand dollars,” and the sum necessary therefor is hereby appropriated Out of any money in the Treasury not otherwise appropriated. (Aug. 5, 1882, c. 399, 22 Stat. 301.) See § 3117 and note. § 3119. Agent and consul-general at Cairo– The agent and consul-general at Cairo Shall be en- IPage 466] Ch. 1) & 8130 DIPLOMATIC AND CONSULAR OFFICERs [Page 467] titled to compensation at the rate of three thousand five hundred dollars per annum. ed, March 3, 1875, c. 153, 18 Stat. 483.) Salary of agent and consul-general at Cairo fixed at $6,- 500 by Act April 15, 1918, c. 52, 40 Stat. —. § 3.120. Same; title—The name and title of the agent and consul-general of the United States at Alex- andria shall, from the passage of this joint resolution, be “agent and consul-general of the United States at Cairo.” (Jan. 8, 1874, No. 1, 18 Stat. 285.) $ 3121. New ambassadorship created only by Congress—Hereafter no new ambassadorship shall be Created unless the same shall be provided for by Act of Congress. (March 2, 1909, c. 235, 35 Stat. 672.) § 3122. Ambassador to Spain—The President is hereby authorized to appoint, as the representative of the United States, an ambassador to Spain, who shall receive as his compensation the sum of $17,500 per annum. (Sept. 4, 1913, c. 10, 38 Stat. 110.) § 3122a. Ambassador to Argentina—The Presi- dent is hereby authorized to appoint, as the represen- tative of the United States, an ambassador to Argen- tina, who shall receive as his compensation the Sum of $17,500 per annum. (May 16, 1914, c. 91, 38 Stat. 378.) § 3122b. Ambassador to Chile—The President is hereby authorized to appoint, as the representative of the United States, an ambassador to the Republic of Chile, who shall receive as his compensation the sum of $17,500 per annum. (May 16, 1914, c. 92, 38 Stat. 378.) - $ 3123. Envoy extraordinary and minister plenipotentiary to Paraguay—The president is hereby authorized to appoint, as the representative of the United States, an envoy extraordinary and min- ister plenipotentiary to Paraguay, who shall receive . as his compensation the sum of $10,000 per annum. (Dec. 6, 1913, c. 2, § 1, 38 Stat. 241.) $ 3124. Envoy extraordinary and minister plenipotentiary to Uruguay—The President is here- by further authorized to appoint, as the representa- tive of the United States, an envoy extraordinary and minister plenipotentiary to Uruguay, who shall re- ceive as his compensation the sum of $10,000 per annum. (Dec. 6, 1913, c. 2, § 2, 38 Stat. 241.) $ 3125. Secretary of legation to Turkey—The Consul-general at Constantinople shall be the secre- tary of the legation to Turkey, but shall receive com- pensation only as consul-general. (R. S. § 1677.) Recent appropriations for secretaries in the Diplomatic Service have been of a lump sum. See Act April 15, 1918, c. 52, 40 Stat. —. See, also, §§ 3130a, 3130b. § 3126. Interpreter of legation to Turkey— The interpreter to the legation to Turkey shall be en- titled to receive three thousand dollars, and such Salary may be paid to an interpreter, notwithstanding he may not be a citizen of the United States. (R. S. § 1678) . The current appropriation act (Act April 15, 1918, c. 52, 40 Stat. --) provides for the following secretary-interpre- ters and assistant secretary-interpreters. - “Secretary-interpreter of embassy to Japan, $3,600; “Secretary-interpreter of embassy to Turkey, $3,600; “Secretary-interpreter of legation to China, $3,600; “Assistant secretary-interpreter to the legation to China, to be appointed from the corps of student interpreters, $2,- 0; “Assistant secretary-interpreter to the embassy to Ja- pan, to be appointed from the corps of student interpre- ters, $2,000; “Assistant secretary-interpreter to the embassy to Tur- key, to be appointed from the corps of student interpre- ters, $2,000; “Total, $317,905.” - It further provides for other interpreters and for student interpreters as follows: “Salaries of Interpreters to Embassies and Legations. “Interpreter to legation and consulate general to Persia, “Interpreter to legation and consulate general to Bang- kok, Siam, $1,500; - - “For ten student interpreters at the legation to China, who shall be citizens of the United States, and whose duty it shall be to study the Chinese language with a view to Supplying interpreters to the legation and consulates in China, at $1,000 each, $10,000: (R. S. § 1676, amend- Provided, That the method of selecting said student interpreters shall be nonpartisan: And provided further, That upon receiving such appoint- ment each student interpreter shall sign an agreement to continue in the service as interpreter to the legation and consulate in China, so long as his services may be required within a period of five years; “For the payment of the cost of tuition of student inter- preters at the legation to China, at the rate of $180 per annum each, $1,800; “For six student interpreters at the embassy to Japan, who shall be citizens of the United States, and whose duty it shall be to study the Japanese language with a view to Supplying interpreters to the embassy and consulates in Japan, at $1,000 each, $6,000: Provided, That the method of selecting said student interpreters shall be nonpartisan: And provided further, That upon receiving such appoint- ment each student interpreter shall sign an agreement to continue in the service as interpreter to the embassy and Consulates in Japan so long as his services may be re- quired within a period of five years; - “For the payment of the cost of tuition of student inter- preters at the embassy to Japan, at the rate of $125 per annum each, $750; . . - “For ten student interpreters at the embassy to Turkey, who shall be citizens of the United States, and whose duty it shall be to study the language of Turkey and any other language that may be necessary to qualify them for serv- ice as interpreters to the embassy and consulates in Tur- key, at $1,000 each, $10,000: Provided, That the method of Selecting said student interpreters shall be nonpartisan: And provided further, That upon receiving such appoint- ment each student interpreter shall sign an agreement to Continue in the service as interpreter to the embassy and consulates in Turkey so long as his services may be re- quired within a period of five years; - “For the payment of the cost of tuition of student in- terpreters at the embassy to Turkey, at the rate of $125 per annum each, $1,250; “No person drawing the salary of interpreter or stu- dent-interpreter as above provided shall be allowed any part of the salary appropriated for any secretary of lega- tion or other officer; n “Total, $32,300.” - $ 3127. Interpreter of legation to Japan— The interpreter to the legation to Japan shall receive a Salary of tWO thousand five hundred dollars. (R. S. § 1679.) See § 3126 and note. (R. S. § 1680. Repealed.) This section prescribed the compensation of the secretary of the legation to China, and authorized the appointment of an interpreter, when the secretary of the legation could not act as such. It was repealed by Act Feb. 25, 1885, c. 150, 23 Stat. 322. See §§ 3125, 3126. (R. S. § 1681. Repealed.) This section accredited the minister of Uruguay to Para- guay. . . It was amended by Act March 3, 1875, c. 153, 18 Stat. 483. It was repealed by Act Feb. 25, 1885, c. 150, 23 Stat. 322. See §§ 3123, 3124. $ 3128. Minister to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua–There shall be but one iminister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua ; and the President may select the place of residence for the minister in any one of those States. And he Shall receive compensation at the rate of ten thou- Sand dollars per annum. (R. S. § 1682, amended, March 3, 1875, c. 153, 18 Stat. 484.) - See § 31.17 and note. , . $ 3129. Representatives to Hayti and Liberia. —There shall be a diplomatic representative Of the TJnited States to each of the republics of Hayti and Liberia, who shall be appointed by the President, by ‘and with the advice and Consent Of the Senate; and shall be accredited as minister resident and consul- general. The representative at EIayti shall be enti- tled to a salary of seven thousand five hundred dollars a year; and the representative at Liberia to a salary. not exceeding four thousand dollars a year. (R. S. § 1683.) - See § 3117 and note. § 3.130. Condition of eompensation of chargé d'affaires or secretary—To entitle any chargé d'af- faires, or secretary of any legation or embassy to any foreign country, or secretary of any minister plenipo- tentiary, to compensation, they shall respectively be appointed by the President, by and with the advice and consent of the Senate; but in the recess of the Senate the President is authorized to make such ap- pointments, which shall be submitted to the Senate at the next session thereafter, for their advice and & 8130a (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERs [Page 468] Consent; and no compensation shall be allowed to any chargé d'affaires, or any of the secretaries hereinbe- fore described, who shall not be so appointed. (R. S. § 1684.) . - § 31.30a. Secretaries, consuls general, and consuls—Hereafter all appointments of secretaries in the Diplomatic Service and of consuls general and Consuls shall be by Commission to the Offices of Secre- tary of embassy or legation, consul general, or consul, and not by Commission to any particular post, and that such officers shall be assigned to posts and trans- ferred from one post to another by order of the Pres- ident as the interests of the service may require: Provided, That any such officer may be assigned for duty in the Department of State without loss of grade, Class, or salary, such assignment to be for a period of not more than three years, unless the public interests demand further service, when such assignment may be extended for a period not to exceed one year, and no longer: Provided further, That no secretary, con- Sul general, or consul shall be promoted to a higher Class except upon the nomination of the President, with the advice and consent of the Senate. (Feb. 5, 1915, c. 23, § 1, 38 Stat. 805.) - § 31.30aa. Secretaries in Diplomatic Service; counselor of embassy or legation—The President may, whenever he considers it advisable so to do, des- ignate and assign any secretary of class one as coun- selor of embassy or legation. (July 1, 1916, c. 208, 39 Stat. 252.) - - § 313Gb. Secretaries, consuls general, and consuls; classification; salaries—Secretaries in the Diplomatic Service and consuls general and consuls shall hereafter be graded and classified as follows, With the salaries of each class herein affixed thereto. SECRETARIES Secretary of class one, $3,000. Secretary of class two, $2,625. Secretary of class three, $2,000. Secretary of class four, $1,500. Secretary of class five, $1,200. CONSUILS GENERAL Consul general of class One, $12,000. Consul general of class two, $8,000. Consul general of class three, $6,000. Consul general of class four, $5,500. Consul general of class five, $4,500. CONSUILS Consul of class one, $8,000. Consul of class two, $6,000. Consul of class three, $5,000. Consul of class four, $4,500. Consul of class five, $4,000. Consul of class six, $3,500. Consul of class seven, $3,000. Consul of class eight, $2,500. Consul of class nine, $2,000. (Feb. 5, 1915, c. 23, § 2, 38 Stat. 805.) See § 3126 and note. § 313 Oc. appointment—The Secretary of State is directed to report from time to time to the President, along with his recommendations for promotion or for transfer between the department and the foreign service, the names Of those secretaries in the Diplomatic Service and the names of those consular officers or depart- mental Officers or employees who by reason of effi- Cient Service, an accurate record of which shall be . kept in the Department of State, have demonstrated Special efficiency, and also the names of persons found upon examination to have fitness for appointment to the lower grades of the service. (Feb. 5, 1915, c. 23, § 5, 38 Stat. 806.) § 3130d. Diplomatic officers not to transact business—No ambassador, minister, minister resident, diplomatic agent, or secretary in the Diplomatic Serv- Reports as to efficiency and fitness for ice of any grade or class shall, while he holds his Office, be interested in or transact any business as a merchant, factor, broker, or other trader, or as an agent for any such person to, from, or within the Country or countries to which he or the chief of his mission, as the case may be, is accredited, either in his Own name or in the name or through the agency Of any other person, nor shall he, in such country or countries, practice as a lawyer for compensation or be interested in the fees or compensation of any law- yer so practicing. (Feb. 5, 1915, c. 23, § 7, 38 Stat. 807. * 'se §§ 3151, 3152. § 3131. Secretary of embassy or legation acting as chargé d'affaires, and vice consul in charge of consulate general or consulate—For such time as any secretary of eimbassy or legation shall be lawful- ly authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed Or aS- signed, he shall be entitled to receive, in addition to his salary as secretary of embassy or legation, COm- pensation equal to the difference between such salary and fifty per centum of the salary provided by law for the ambassador or minister at Such post ; and for such time as any vice consul shall be lawfully author- ized to assume Charge of a COnsulate general Or Con- sulate during the absence of the principal officer at the post to which he shall have been appointed or as- signed, he shall be entitled to receive, in addition to his regular salary or compensation as a subordinate consular officer or employee, compensation equal to the difference between such salary or compensation and fifty per centum of the salary provided by law for the principal consular officer at such post. (R. S. § 16S5, amended, March 2, 1909, c. 235, 35 Stat. 673, and Feb. 5, 1915, c. 23, § 3, 38 Stat. 805.) See § 3186. § 3131a. Expenses of secretary, consul gen- eral, or consul detailed for special duty—A Secre- tary, consul general, or consul of whatever Class de- tailed for Special duty outside of the City of Wash- ington shall be paid his actual and necessary ex- penses for subsistence during such special detail not exceeding $5 per day: Provided, That such special duty shall not continue for more than sixty days unless in the case of international gatheringS, COn- gresses, or conferences, when such subsistence ex- penses shall run only during the life of the interna- tional gathering, congress, or conference, as the Case may be. (Feb. 5, 1915, c. 23, § 4, 38 Stat. 806.) § 3132. Compensation of persons filling two offices—When to any diplomatic Office held by any person there is superadded another, such perSon Shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by law for such Super- added office, and for such time as shall be actually and necessarily occupied in making the transit be-, tween the two posts of duty, at the commencement and termination of the period of such superadded Office, and no longer; and such Superadded Office shall be deemed to continue during the time to which it is limited by the terms thereof. (R. S. § 1686.) § 3133. Clerks to be citizens—For the employ- ment of necessary Clerks at the embassies and lega- tions, who, whenever hereafter appointed, shall be citizens of the United States. * * (April 15, 1918, c. 52, 40 Stat.) . See §§ 3142, 3203. - § 3134. Accounting for fees at legations— All fees Collected at any of the legations shall be a C- counted for to the Secretary of the Treasury, and held subject to his draft, or other directions. (R. S. § 1687.) - § 3135. Annual allowance to secretaries and messenger of legation at Paris—The Secretary of State is authorized to allow and pay to the Secre- tary of legation and to the Second Secretary Of lega- tion and to the messenger of the legation in Paris, Ch. 2) ź 3140 DIPLOMATIC AND CONSULAR OFFICERS [Page 469] from the moneys collected at the legation for the transmission Of COnSular invoices, an amount not to exceed in the aggregate six hundred dollars in any One year, to be divided and distributed as the Secre- tary of State may direct, provided that the Surplus receipts are sufficient for that purpose. (June 11, 1874, c. 275, § 1, 18 Stat. 67.) See § 3130a, 3130b. § 3136. Uniforms and official costumes—No perSon in the diplomatic Service of the United States shall wear any uniform or official costume not previ- Ously authorized by Congress. (R. S. § 1688.) Chapter Two—Consular Officers . . Sec. - - 3137. Application of general provisions of Title. 3138. Consular system reorganized. 3139. [Superseded.] 3140. Vice-consular officers; consular agents; commercial agents. 3140a. Certain consular offices abolished. 3141. Consular inspectors; designation as consuls-general at large. - 3141a. Expenses of inspectors. 3142. Consular assistants to be citizens. 3142a. Consuls general, consuls, vice consuls, and consular agents to be citizens. - 3143. Consuls-general and consuls not to hold office at differ- ent consulates. 3.144. Salaries to consuls and consuls-general as secretary of legation or interpreter. 3145. Interpreters at consulates in China and Japan. 3146. Interpreter at Bangkok. 3147. Extent of consulates; vice-consular officers. 3148. Expenses of vice-consulates and consular agencies. 3149. Bonds of consular officers. 3150. Bonds of vice-consuls. 3151. Consular officers not to transact business. 3152. Same. 3153. Same; penalty. - 3154. Consular assistants; appointment. 3155. Same; salaries. - 3155a. Same; salaries. 3156. Same; so styled; number. 3157. Same; number increased. 3158. Same; examination and removal of assistants. 3159. Actual expenses of consuls-general and consuls not al- lowed to trade. Protests. - Lists and returns of Seamen and vessels. 3162. Estates of decedents; as conservators. 3163. Same; notification of death. 3164. Same; decedent’s directions followed. 3165. Same; bonds of officers appointed as administrators or guardians. 3166. Same; acceptance of appointment without bond; em- bezzlement. 3167. Commercial and agricultural reports; bulletins of crop reports. Statement of exports and imports, and rate of wages. Reports of prices current. Construction of powers. Certifying invoices. Excessive fees for verifying invoices. 3173. Destruction of old invoices. 3174. Certificate for goods from adjacent countries. 3.175. Fees for official services; vessels’ papers retained till payment of demands and Wages. 3176. Fees for services to American vessels or seamen. 3177. Profit from discharged seamen. 3178. Tonnage fees in Canada. 3179. Exacting excessive fees. 3180. Penalty for omission to collect fees, 3181. Returns of fees. 3182. Receipts for fees. 3183. Same; registering. -- 3184. Verification of account of fees. 3185. Notarial acts; fees. - 3186. Accounting for fees; compensation by salary only. 3187. Fees for certification. Of invoices. 3.188. Stamps for amount of fee. 3189. Posting rates of fees. 3190, 3191. [Superseded.] 3192. Embezzlement. 3.193. Neglect of duty. - 3.194. Same; duty to seamen; corrupt conduct. 3.195. False certificate of property. 3196. Consular officers performing diplomatic functions. 3197. Same; compensation. § 3137. Applicat” on of general provisions of Title—The various provisions Of this Title which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of Such officers, So far as may be consistent With the subject-matter States. of the same, and with the treaties of the United (R. S. § 1689.) (R. S. § 1690. Superseded.) This section, as enacted in , the Revised Statutes, incor- porated provisions of the following acts: Act Aug. 18, 1856, c. 127, § 3, 11 Stat. 52; Act Feb. 28, 1861, c. 58, § 1, 12 Stat. 171; Act Feb. 4, 1862, c. 17, § 1, 12 Stat. 335; Act June 20, 1864, c. 136, § 1, 13 Stat. 138, 139; Act July 25, 1866, c. 233, § 1, 14. Stat. 225; Act Feb. 28, 1867, c. 99, 14 Stat. 412; Act March 30, 1868, c. 38, § 1, 15 Stat. 57; Act March 3, 1869, c. 125, § 7, 15 Stat. 322; Act May 17, 1872, c. 169, 17 Stat. 120; Act June 8, 1872, c. 332, 17 Stat. 282; Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 471—all of which were acts making appropriations for the diplomatic and consular service. The first paragraph of the section was followed in the Revised Statutes by schedules enumerat- ing the various consular offices, and stating the salary at- tached to each. These schedules were designated “Sched- ule B’’ and “Schedule C.” Schedule B was subdivided into three classes, as follows: I, Consuls-general; II, Consuls; III, Commercial Agents. Schedule C was subdivided into two classes, as follows: I, Consuls; II, Commercial Agents. - Act June 11, 1874, c. 275, § 1, 18 Stat. 67, after appropri- ating various sums for the salariés, etc., of the diplomatic officers, contained the following clause: “That Schedules B and C in section three of the act entitled ‘An act to regulate the diplomatic and consular systems of the Unit- ed States,’ approved August eighteenth, eighteen hundred and fifty-six, shall from and after the first day of July next, read as follows.” The act referred to was one of the diplomatic and consular appropriation acts incorporat- ed into R. S. § 1690. None of the subsequent similar ap- propriation acts contained such a clause. Act June 11, 1874, c. 275, though passed before the enactment of the Revised Statutes, had effect as a subsequent statute, by virtue of R. S. § 5601; and Schedules B and C therein, following the clause quoted above, had effect as an amend- ment of Schedules B and C, contained in R. S. § 1690. This section, as so amended, and subsequent provisions of Act March 3, 1875, c. 157, 18 Stat. 486, Act Feb. 18, 1876, c. 12, 19 Stat. 4, and Act Feb. 11, 1878, c. 14, 20 Stat. 24, relating to appointment and salaries of consular officers, were superseded by the provisions of the Consular Reor- ganization. Act of April 5, 1906, c. 1366, 34 Stat. 99, as amended by Act May 11, 1908, c. 161, 35 Stat. 100, and Act Feb. 3, 1909, c. 60, 35 Stat. 593. But the provisions of said Act April 5, 1906, as amended, were either superseded en- tirely or modified by Act Feb. 5, 1915, c. 23, 38 Stat. 805, which was an act entitled “An Act for the improvement of the foreign service.” Section 1 of said last-mentioned act provides that all appointments of secretaries in the Dip- -lomatic Service and of consuls general and consuls shall be by commission to the offices of secretary of embassy or legation, consul general, or consul, and not by commis- sion to any particular post, that such officers shall be as- signed to posts and transferred from one post to another by order of the President, and provides for the assign- ment to duty of such officers in the State Department, for their transfer, and their promotion, and is § 3130a. Sec- tion 2 of said act provides that secretaries in the Diplo- matic Service and consuls general and consuls shall be graded and classified according to an appended schedule and receive the salaries of each class affixed to such sched- ule, and is § 3130b. Section 3 of said act amends R. S. § 1685, and is § 3131. Section 4 of said act provides for the expenses of secretaries, consuls generals and consuls de- tailed for special duty outside the city of Washington, and is § 3131a. Section 5 of said act provides for reports to the President by the Secretary of State of secretaries, etc., found to be specially efficient and of the names of persons found to be fit for appointments to such offices, and is § 3130c. Section 6 of said act amends R. S. § 1674, and abolishes the offices of vice consul general, deputy consul general, and deputy consul, and are $$ 3116, 3140a. Section 7 of said act prohibits the transaction of private business by diplomatic officers, and is § 3130d. § 3.138. Consular system reorganized—That the consular system of the United States be reorganized in the manner hereinafter provided in this Act. (April 5, 1906, c. 1366, § 1, 34 Stat. 99.) - § 3.139. [Superseded.] This section (Act April 5, 1906, c. 1366, § 2, 34 Stat. 99, as amended by Act May 11, 1908, c. 161, 35 Stat. 101, and Act Feb. 3, 1909, c. 60, 35 Stat. 593) was superseded by §§ 3130a, 3130b, 3130c. § 3140. Vice-consular officers; consular agents; commercial agents—The offices of [Vice- consuls-general, deputy consuls-general,] Vice-Consuls, [and deputy consuls] shall be filled by appointment, as heretofore, except that whenever, in his judgment, the good of the service requires it, Consuls may be designated by the President without thereby changing their classification to act for a period not to exceed One year as [Vice-consuls-general, deputy consuls- general,1 vice-consuls, [and deputy consuls]; and when so acting they shall not be deemed to have 3 3140. (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERs s Vacated their offices as consuls. Consular agents may be appointed, when necessary, as heretofore. The grade of Commercial agent is abolished. (April 5, 1906, c. 1366, § 3, 34 Stat. 100.) - Text in brackets superseded by § 3140a. - § 31.40a. Certain consular offices abolished- The offices of vice consul general, deputy consul gen- eral, and deputy consul are abolished. (Feb. 5, 1915, c. 23, § 6, 38 Stat. 806.) - - § 3.141. Consular inspectors; tıesignation as consuls-general at large—There shall be five in- spectors of consulates, to be designated and com- missioned as Consuls-general at large, who shall re- ceive an annual salary of five thousand dollars each, and shall be paid their actual and necessary traveling and subsistence expenses while traveling and in- Specting under instructions from the Secretary Of State. They shall be appointed by the President, with the advice and COnsent of the Senate, from the mem- bers of the consular "force possessing the requisite qualifications of experience and ability. They shall make Such inspections Of Consular Offices as the Sec- retary of State shall direct, and shall report to him. Each consular office shall be inspected at least once in every two years. Whenever the President has reason to believe that the busineSS Of a COnsulate Or a COnsulate-general is not being properly Conducted and that it is necessary for the public interest, he may authorize any COnSul-general at large to Suspend the consul or consul-general, and administer the of fice in his stead for a period not exceeding ninety dayS. In Such Case the Consul-general at large SO authorized shall have power to suspend any vice Or deputy Consular Officer Or Clerk in said Office dur- ing the period aforesaid. The provisions of law re- lating to the Official bonds of consuls-general, and the provisions Of Sections seventeen hundred and thirty- four, Seventeen hundred and thirty-five, and Seven- teen hundred and thirty-six, Revised Statutes of the United States, shall apply to consuls-geferal at large. (April 5, 1906, c. 1366, § 4, 34 Stat. 100.) . Current appropriation for salaries and expenses of con- Sular inspectors, see Act April 15, 1918, c. 52, 40 Stat. —. § 314 ia. Expenses of inspectors—Expenses of Consular Inspectors. For the actual and necessary traveling and Subsistence expenses Of consular in- Spectors While traveling and inspecting under in- structions from the Secretary of State. * * Pro- Vided, That inspectors shall be allowed actual and necessary expenses for subsistence, itemized, not ex- Ceeding an average of $5 per day. (April 15, 1918, c. 52, 40 Stat.) º § 3142. Consular assistants to be citizens— No person who is not an American citizen shall be appointed hereafter in any consulate-general or con- sulate to any clerical position the salary of which is One thousand dollars a year or more. (April 5, 1906, c. 1366, § 5, 34 Stat. 101.) See § 3133. - - § 3142a. Consuls general, consuls, vice con- suls, and consular agents to be citizens—For salaries Of consuls general, consuls, and vice consuls, as provided in the Act approved February fifth, nine- teen hundred and fifteen, entitled “An Act for the improvement of the foreign service,” $1,208,500. No portion of this sum shall be paid as compensation to Vice Consuls Who are not American Citizens: Provid- ed., That if in any case the Secretary of State deems it impracticable immediately to secure a competent vice Consul Who is an American citizen, he may ap- point Or retain as vice Consul and compensate from this fund a person not an American citizen until such time as he is able to designate a competent American citizen for such post. and, wherever practicable, every consular agent shall be an American citizen. (April 15, 1918, c. 52, 40 Stat.) - See §§ 3133, 3203. § 3143. Consuls-general and consuls not to hold office at different consulates—No consul-gen- [Page 470] - - tion or interpreter. Every consul general, Consul, , eral Or Consul shall be permitted to hold the Office of COnsul-general or Consul at any other consulate, or exercise the duties thereof. (R. S. § 1691.) § 3.144. Salaries to consuls and consuls-gener- al as secretary of legation or interpreter—Here- after no consul or consul-general shall be entitled to Or allowed any part of any salary appropriated for payment of a secretary [or second secretary] of lega- (Feb. 25, 1885, c. 150, 23 Stat. 329.) Text inclosed in brackets perhaps superseded by §§ 3130, 130b. (R. S. § 1692. Repealed.) - * This section authorized appointment of interpreters of Chinese language. It was repealed as the effect of the Tepeal of Act Aug. 18, 1856, c. 127, § 6, 11 Stat. 55, which Was incorporated in this section of the Revised Statutes, by a provision of Act June 11, 1874, c. 275, § 3, 18 Stat. 70, accompanying the provisions of that act relating to the Same subject. See § 3145. § 3145. Interpreters at consulates in China and Japan—The President shall be, and is hereby, authorized to appoint interpreters to the consulates . at Shanghai, Tien Tsin, Fowchow, and Kanagawa, and to allow them salaries not to exceed, in either Case, the rate of two thousand dollars a year; and to appoint interpreters to the Consulates at Hankow, Amoy, Canton, and Hong-Kong, and to allow them Salaries not to exceed, in either case, the rate of Seven hundred and fifty dollars a year ; and also to allow, at his discretion, a sum not exceeding the rate Of five hundred dollars for any one year to any one COnsulate in China or Japan, respectively, not herein named, for expenses of interpretation. (June 11, 1874, c. 275, § 3, 18 Stat. 70.) . See § 3126 and note. § 3146. Interpreter at Bangkok—The salary of the interpreter at the consulate of Bangkok, in Siam, shall not exceed the sum of five hundred dollars a year; and no Salary shall be allowed the marshal at that consulate. (R. S. § 1693.) See § 3126 and note. - (R. S. § 1694. Superseded.) This section authorized the President to discontinue the consulate at Trinidad de Cuba, and to appoint at Cienfue- gos a consul with the same salary. It was superseded by Act April 5, 1906, c. 1366, § 2, 34 Stat. 99, which was superseded by §§ 3130a, 3130b. § 3.147. Extent of consulates; vice-consular officers—The President is authorized to define the ex- tent Of COuntry to be embraced Within any COnsulate [Or Commercial agency], and to provide for the ap- pointment of Vice-consuls, [Vice-commercial agents, deputy consuls], and Consular agents, therein, in Such manner and under such regulations as he shall deem proper; but no compensation shall be allowed for the services of any such vice-consul, [or Vice-commercial agent, beyond nor except out of the allowance made by law for the principal consular officer in whose place such appointment shall be made. No vice-consul, [Vice- commercial agent, deputy consul, or Consular agent, shall be appointed otherwise than under such regu- lations as have been or may be prescribed by the President. (R. S. § 1695.) - - Text in brackets superseded by §§ 3140, 31.40a. §§ 3131, 3140, 3186. § 3148. Expenses of vice-consulates and con- stular agencies—The Only allowance to any Vice-COn-. Sulate or COnsular agency for expenses shall be an amount sufficient to pay for stationery and postage on official letters. (R. S. § 1696.) - § 3149. Bonds of consular officers—Every Con- sul-general, consul, [and commercial agent, before fle See, also, receives his commission, or enters upon the duties of his office, shall give a bond to the United States, With such sureties, who shall be permanent residents of the United States, as the Secretary of State shall ap- prove, in a penal sum not less than one thousand dol- lars, and in no case less than the annual Compensa- tion allowed to such officer, and not more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faith- Ch. 2) 3 A154 DIPLOMATIC AND CONSULAR OFFICERS [Page 471] ful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person, to his use as such consul-general, consul, [or commercial agent] under any law, now Or hereafter enacted, or by virtue Of his office; and for the true and faithful performance of all other duties, now or hereafter lawfully imposed upon him as such Consul-general, Consul, [or commer- Cial agent}. The bond herein mentioned shall be de- posited with the Secretary of the Treasury. In case of a breach of any such bond, any person thereby injured may institute, in his own name and for his Sole use, a suit on said bond, and thereupon -recover Such damages as shall be legally assessed, with Costs Of Suit, for which execution may issue for him in due form; but if such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall, in no case, be liable for the same. The said bond shall remain, after any judg- ment rendered thereon, as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered; and the proceeding Shall always be as directed in this section. (R. S. § 1697, amended, Dec. 21, 1898, c. 36, § 1, 30 Stat. 770.) Text in brackets superseded by § 3140. § 3150. Bonds of vice-consuls—Every [wice- COnsul-general Orl Vice-Consul shall, before he enters On the execution of his trust, give bonds, with such Sureties, who shall be permanent residents of the United States, as shall be approved by the Secretary of State, in a sum not less than two thousand dollars nor more than ten thousand dollars, Conditioned for the true and faithful discharge Of the duties of his office according to law, and for truly accounting for all moneys, goods, and effects which may come into his possession by virtue of his Office. The bond shall be lodged in the Office of the Secretary of the Treas- ury. In Case of a breach of any such bond, any per- SOn thereby injured may institute, in his Own name, and for his sole use, a Suit On said bond, and there- upon recover such damages as shall be legally assess- ed, with costs of suit, for which execution may issue for him in due form ; but if such party fails to recover in the suit, judgment shall be rendered and execu- tion may issue against him for costs in favor of the defendant, and the United States shall in no case be liable for the same. The said bond shall remain after any judgment fendered thereon as a security for the benefit of any person injured by a breach of the Condition of the same until the whole penalty has been recovered; and the proceedings shall always be as directed in this section. That when suit is brought upon the bond prescribed in this or the pre- Ceding section, if the principal in the bond resides in a foreign country, the summons, or other process, may be served upon him by filing a certified copy of the same with the Secretary Of the Treasury, which Service shall be deemed sufficient to give the Court jurisdiction over the person and property of the de- fendant; and the bond prescribed in this and the preceding section shall contain a Condition to accept such service as sufficient to give the court jurisdiction as aforesaid. The principal shall have ninety days from the time of such service in which to enter his ap- pearance in the action. When a copy of such sum- mons or other process has been filed with the Secre- tary of the Treasury, he shall at Once mail a copy thereof to the principal at ‘ his last known place of residence. (R. S. § 1698, amended, Dec. 21, 1898, c. 36, § 2, 30 Stat. 771.) Text in brackets superseded by § 3140a. § 3151. Consular officers not to transact busi- ness—No consul-general, consul, or consular agent re- Ceiving a salary of more than one thousand dollars a year shall, while he holds his office, be interested in or transact any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his jurisdiction, directly or indirectly, ei- ther in his own name or in the name Or through the agency of any other person ; nor Shall he practice as a lawyer for compensation or be interested in the fees or compensation of any lawyer; and he shall in his official bond stipulate as a condition thereof not to violate this prohibition. (R. S. § 1699, amended, April 5, 1906, c. 1366, § 6, 34 Stat. 101.) § 3152. Same—AIl consular Officers whose respec- tive salaries exceed one thousand dollars a year shall be subject to the prohibition against transacting busi- ness, practicing as a lawyer, or being interested in the fees or compensation of any lawyer contained in the preceding section. And the President may extend the prohibition to any consul-general, consul, or con- sular agent whose salary does not exceed one thou- sand dollars a year or who may be COmpensated by fees, and to any vice [or deputy] consular Officer Or consular agent, and may require such officer to give a bond not to violate the prohibition. (R. S. § 1700, amended, April 5, 1906, c. 1366, § 6, 34 Stat. 101.) Text in brackets superseded by § 3140a. § 3153. Same; penalty—Every consul-general, consul, [or commercial agent] who violates the pro- hibition against transacting business, required to be inserted in his Official bond, shall be liable to a pen- alty therefor, for the use of the United States, equal in amount to the annual compensation Specified for him [in Schedule B], which may be recovered in an action of debt at the Suit of the United States, either directly for the penalty, as such, against Such COn- sul-general, or consul, [or commercial agent, or upon his official bond, as liquidated damages, for the breach of such condition against such Consul-general, Con- sul, [or commercial agent, and his Sureties, Or any one or more of them; and in every such case all Such actions shall be open to the United States for the collection of such penalty till the same shall be col- lected in some one of such actions; and every such penalty, when collected, shall be paid into the Treas- ury of the United States. (R. S. § 1701.) • Text in brackets superseded by §§ 3130a, 3130b, 3140. (R. S. §§ 1702, 1703. Superseded.) R. S. § 1702, was as follows: & . “The compénsation of consuls whose annual salaries do not, under existing law, exceed one thousand five hundred dollars, shall, when the fees collected at the consulates where they are located and paid into the Treasury of the United States amount to three thousand dollars, be two thousand dollars a year.” R. S. § 1703, was as follows: g “Every vice-consul and commercial agent shall be enti- tled, as compensation for his services as such, to the whole or so much of the compensation of the principal consular officer in whose place he shall be appointed, as shall be determined by the President, and the residue, if any, shall be paid to such principal consular Officer; and every consular agent shall be entitled, as compensation for his services, to such fees as he may collect under the reg- ulations prescribed by the President governing the subject of fees, or to so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which such consular agent shall be appointed shall be entitled to the residue, if any, in addition to any other compensation al- lowed him by law for his services therein.” Hoth sections were superseded by the different provi- sions for compensation of consular officers made by §§ 3130a, 3130b, 3131, 3186. § 3154. Consular assistants; appointment— The President is authorized, whenever he shall think the public good will be promoted thereby, to appoint consular ſclerks], [not exceeding thirteen in number at any one time, Who shall be citizens of the United States, and Over eighteen years of age at the time of their appointment, and shall be entitled to compensa- tion for their services respectively at a rate not ex- ceeding One thousand dollars a year each, to be de- termined by the President; and to assign such ſclerks], from time to time, to such COnsulates and With Such duties as he shall direct. (R. S. § 1704.) Text in brackets superseded by §§ 3156, 3157. Compensa- tion of consular assistants, see §§ 3155, 3155a. - a 3155 (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERS § 3155. Same; salaries—From and after the first day of July, nineteen hundred and seven, the salaries of consular [Clerks] shall be at the rate Of One thou- sand dollars a year for the first three years of Con- tinuous service as such, and shall be increased tWO hundred dollars a year for each succeeding year of continuous service until a maximum compensation of one thousand eight hundred dollars a year shall be reached, and section seventeen hundred and four, Revised Statutes, and its amendatory Act of June eleventh, eighteen hundred and seventy-four, are here- by so amended: Provided, That the salary of no Con- Sular clerk herein provided for, and now in the Serv- ice, shall be reduced by this act. (Feb. 22, 1907, c. 1184, 34 Stat. 923.) See § 3155a. - § 3155a. Same; salaries—From and after the first day of July, nineteen hundred and eighteen, the salaries of consular assistants shall be at the rate of $1,500 for the first year of continuous service, $1,650 for the second year of continuous service, $1,800 for the third year, and $2,000 for the fourth year Of continuous service and for each year thereafter, and section seventeen hundred and four, Revised Stat- utes, its amendatory Act of June eleven, eighteen hundred and seventy-four, and all other Acts in- consistent with this provision are hereby so amended. (April 15, 1918, c. 52, 40 Stat.) § 3156. Same; so styled; number—The Consu- lar clerks heretofore provided for by law shall, from and after the first day of July, nineteen hundred and eight, be styled consular assistants. For thirteen consular assistants as provided for by law, * * ; , seven additional consular assistants, subject to the same provisions of law as the above thirteen. (May 21, 1908, c. 183, 35 Stat. 180.) § 3157. Same; number increased—For thirteen consular assistants as provided for by law, * * ; twelve additional consular assistants, subject to the same provisions of law as the above thirteen. (March 2, 1909, c. 235, 35 Stat. 681.) The current appropriation act (Act April 15, 1918, c. 52, 40 Stat. —), provides for 40 consular assistants. § 3158. Same; examination and removal of assistants—Before the appointment of any Such COn- sular ſclerk] shall be made, it shall be satisfactorily shown to the Secretary of State, after due examina- tion and report by an examining board, that the ap- plicant is qualified and fit for the duties to which he shall be assigned; and such report shall be laid before the President. And no ſclerk] so appointed shall be removed from office, except for cause Stated in writing, which shall be submitted to Congress at the session first following such removal. (R. S. § 1705.) 's. Text in brackets superseded by § 3156. § 3159. Actual expenses of consuls-general and consuls not allowed to trade—The President may allow consuls-general, consuls, [and COmmercial agents], who are not allowed to trade, actual ex- penses of office-rent, not to exceed, in any case, twen- ty per centum of the amount of the annual compen- sation allowed to such officer, whenever he shall think there is sufficient reason therefor. (R. S. § 1706.) Text in brackets superseded by § 3140. And See §§ 3151, 3152, 3186. •. § 3160. Protests—Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests Or declarations which captains, masters, Crews, passen- gers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any Citizen of the United States. thenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. (R. S. § 1707.) See § 1509. IPage 472] Copies of such acts duly au- § 3161. Lists and returns of seamen and ves- sels—Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments, if any, made On account Of each SO discharged; also of the num- ber of the vessels arrived and departed, the amounts Of their registered tonnage, and the number of their seamen and mariners, and of those who are protect- ed, and whether citizens of the United States Or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and Other returns, to the Secretary of the Treasury. (R. S. § 1708.) § 3162. Estates of decedents; as conservators —It shall be the duty of consuls and Vice-consuls, where the laws of the country permit: First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take Care Of his effects. Second. To inventory the same with the assistance of two merchants of the United States, or, for Want of them, of any others at their choice. Third. To Collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there COntracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be Of a perishable nature, and such further part, if any, as shall be necessary for the payment of his debts, and, at the expiration of one year from his decease, the residue. - Fifth. To transmit the balance of the estate to the Treasury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. Sixth. The Auditor for the State and other Depart- ments shall act as conservator of such part of these estates as may be received at the Treasury, and for their protection the Secretary of the Treasury may Order Such effects to be SOld as may GOnSist of jewelry or other articles which have heretofore or may here- after be received at the Treasury, and pay the ex- penses of such sale Out of the proceeds, provided ap- plication for these effects shall not have been made by the legal claimant within two years after their receipt. The Auditor is authorized to indorse all bills of exchange, promissory notes, and other evidenc- es of indebtedness due to Such estates, and to take such steps as may be necessary for their collection. The proceeds of such sales, together with such other moneys as may be collected by him, shall be deposit- ed into the Treasury in trust for the legal claimant, and be reported to the Secretary of State. (R. S. § 1709, amended, March 3, 1911, c. 223, 36 Stat. 1083.) § 3163. Same; notification of death—For the information of the representative of the deceased, the consul or vice-consul, in the settlement Of his estate, shall immediately notify his death in One of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed. (R. S. § 1710.) - § 3164. Same; decedent’s directions followed —When any citizen of the United States, dying abroad, leaves, by any lawful testamentary disposi- tion, special directions for the custody and manage- ment, by the consular officer of the port or place where he dies, of the personal property of which he Ch. 2) 3 3172 DIPLOMATIC AND CONSULAR OFFICERS [Page 473] dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe Such directions. When any such citizen so dying, ap- points, by any lawful testamentary disposition, any Other person than such officer to take charge of and manage Such property, it shall be the duty Of the Officer, whenever required by the person so appointed, to give his official aid in whatever way may be neces- Sary to facilitate the proceedings of Such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property Of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular offi- Cer to place his Official seal upon all of the personal property Or effects of the deceased, and to break and remove Such seal as may be required by such person, and not otherwise. (R. S. § 1711.) § 3165. Same; bornds of officers appointed as administrators or guardians—No consular officer of the United States shall accept an appointment from any foreign state as administrator, guardian, or to any Other Office Of trust for the settlement Or Conserva- tion of estates of deceased persons or of their heirs Or of persons under legal disabilities, without execut- ing a bond, with security, to be approved by the Sec- retary Of State, and in a penal sum to be fixed by him and in such form as he may prescribe, condition- ed for the true and faithful performance of all his duties according to law and for the, true and faithful accounting for, delivering, and paying over to the perSons thereto entitled of all moneys, goods, effects, and Other property which shall come to his hands or to the hands of any other person to his use as such administrator, guardian, or in other fiduciary capacity. Said bond shall be deposited with the Secretary of the Treasury. In case of a breach of any such bond, any person injured by the failure of Such officer faith- fully to discharge the duties of his said trust accord- ing to law, may institute, in his own name and for his sole use, a suit upon said bond and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue in due form; but if such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant; and the United States shall in no case be liable for the same. The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by a breach Of the Condition of the same until the whole penalty has been recovered. (June 30, 1902, c. 1331, § 1, 32 Stat. 546.) § 3166. Same; acceptance of appointment without bond; embezzlement—Every consular Offi- cer who accepts any appointment to any office Of trust mentioned in the preceding section without first hav- ing complied with the provisions thereof by due ex- ecution of a bond as therein required, or who shall willfully fail or neglect to account for, pay over, and deliver any money, property, or effects so received to any person lawfully entitled thereto, after having been requested by the latter, his representative Or agent so to do, shall be deemed guilty of embezzle- ment and shall be punishable by imprisonment for not more than five years and by a fine of not more than five thousand dollars. (June 30, 1902, c. 1331, § 2, 32 Stat. 547.) § 3167. Commercial and agricultural reports; bulletins of crop reports—Consuls [and commercial agents] Of the United States in foreign Countries shall procure and transmit to the Department of State au- thentic commercial information respecting such coun- tries, Of Such character and in Such manner and form and at such times as the Department may from time to time prescribe. And they shall also procure and transmit to the Department of State, for the use of the Agricultural Department, monthly reports relative to the character, condition, and prospective yields of the agricultural and horticultural industries and oth- er fruiteries of the country in which they are respec- tively stationed; and the [Commissioner of Agricul- ture] is hereby required and directed to embody the information thus obtained, or so much thereof as he may deem material and important, in his monthly bul." letin of Crop reports. (R. S. § 1712, amended, June 18, 1888, c. 393, 25 Stat. 186.) Text in brackets superseded by §§ 789-792, 819, 3139. And See §§ 262, 292, 825, 875. § 3.168. Statement of exports and imports, and rate of wages—It shall be the duty Of consuls to make to the Secretary of State a quarterly state- Iment of exports from, and imports to, the different places to which they are accredited, giving, aſs near as may be, the market price of the various articles of exports and imports, the duty and port charges, if any, On articles imported and exported, together with Such general information as they may be able to Ob- tain as to how, where, and through what channels a market may be opened for American products and manufactures. In addition to the duties now imposed by law, it shall be the duty of consuls [and commer- Cial agents] of the United States, annually, to pro- Cure and transmit to the Department of State, as far as practicable, information respecting the rate of Wages paid for skilled and unskilled labor within their respective jurisdictions. (Jan. 27, 1879, c. 28, § 1, 20 Stat. 267.) Text in brackets superseded by § 3140. § 3169. Reports of prices current—Every Con- sular Officer shall furnish to the Secretary Of the Treasury, as often as shall be required, the prices Current Of all articles of merchandise usually ex- ported to the United States from the port or place in Which he is situated ; and he shall also furnish to the Secretary of the Treasury, at least once in twelve months, the prices current of all articles of merchandise, including those of the farm, the garden, and the Orchard, that are imported through the port Or place in which he is stationed. And he shall also report as to the character of agricultural implements in use, and whether they are imported to or manufac- tured in that county; as to the character and extent of agricultural and horticultural pursuits there. That part of the information thus obtained which pertains to agriculture shall be transmitted by the Secretary Of the Treasury, as SOon as the same shall have been received by him, to the [Commissioner of Agriculture], Who shall include the same, or so much thereof as he may deem material and important, in his annual reports, stating the said prices in dollars and Cents, and rendering tables of foreign weights and measures into their American equivalents. (R. S. § 1713, amended, June 18, 1888, c. 393, 25 Stat. 186.) Text in brackets superseded by §§ 789, 792, 819. § 3170. Construction of powers—The specifica- tion in this Title of Certain powers to be exercised and duties to be performed by consuls and vice-consuls, shall not be construed as implying the exclusion of Others resulting from the nature of their appoint- ments, or prescribed by any treaty or convention un- der which they may act. (R. S. § 1714.) § 3171. Certifying invoices—No consular officer shall Certify any invoice unless he is satisfied that the person making oath thereto is the person he repre- sents himself to be, that he is a credible person, and that the statements made under such oath are true; and he shall, thereupon, by his certificate, state that he was so satisfied. (R. S. § 1715.) See §§ 5521d, 5546. & e § 3.172. Excessive fees for verifying invoices— The fee provided by law for the verification of in- voices by consular officers shall, when paid, be held to a full payment for furnishing blank forms of declaration to be signed by the shipper, and for making, signing, and sealing the certificate of the Consular officer there- to ; and any consular officer who, under pretense of charging for blank forms, advice, or clerical services in the preparation of such declaration or certificate, charges or receives any fee greater in amount than & 8178 (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERs [Page 4741 that provided by law for the verification of invoices, or who demands or receives for any official Services, or who allows any clerk or subordinate to receive for any such service any fee or reward other than the fee provided by law for such service, shall be punishable by imprisonment for not more than one year, or by a fine of not more than two thousand dollars; and Shall be removed from his office. (R. S. § 1716.) × . § 3173. Destruction of old invoices—The Sec- retary of State is authorized to cause, from time to time, the destruction of invoices that have been filed in the consular offices for a period of more than five years. (Feb. 24, 1903, c. 753, 32. Stat. 854.) § 3.174. Certificate for goods from adjacent countries—That no consular officer of the United States shall hereafter grant a certificate for goods, wares, or merchandise shipped from countries ad- jacent to the United States, which have passed a Con- sulate after purchase for shipment. (R. S. § 1717.) See § 5545. - - § 3.175. Fees for official services; vessels’ pa - pers retained till payment of demands and wages —[Whenever any master or commander of a VeSSel of the United States has occasion for any Consular Or Other official service, which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the Consular officer at the consulate or commercial agency where such service is required to perform such service, and shall pay to such Officer the fees allowed for Such Service by the rates or tariffs of fees. . And every Such master or Commander who admits SO to do shall be liable to the United States for the amount of the fees lawfully chargeable for such services when actually performed.] All consular officers are authorized and required to retain in their possession all the papers of such vessels, which shall be deposited with them as directed by law, till payment shall be made of all de- mands and wages on account of such vessels. (R. S. § 1718. - - * in brackets superseded by § 3176. § 3176. Fees for services to American vessels or searºaen-On and after July first, eighteen hundred and eighty-four, no fees named in the tariff of con- sular fees prescribed by Order of the President shall be charged or collected by Consular Officers for the Official services to American vessels and seamen. Con- Sular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed re- port to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe; and the Secretary of the Treas- ury shall allow consular officers who are paid in whole Or in part by fees such Compensation for Said services as they would have received prior to the passage of this act: Provided, That such services, in the Opinion of the Secretary of the Treasury have been necessarily rendered ; and a sum sufficient for the payment of such compensation, when thus adjusted by the Secretary of the Treasury, is hereby appropriated Out Of any money in the Treasury not otherwise appropriated. (June 26, 1884, c. 121, § 12, 23 Stat. 56.) § 3177. Profit from discharged seamen—No con sular officer, nor any person under any consular officer shall make any charge or receive, directly or indirect- ly, any compensation, by way of commission or other- wise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign Country, Or for any money advanced to any such seaman or mariner Who: seeks relief from any consulate Or Commercial agency, nor shall any consular officer, or any person under any consular officer, be interested, directly or indi- rectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such Sea- man or mariner. Such prohibition as to profit, how- ever, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interest- ed in any vessel of the United States, from transport- ing in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable al- lowance as may be made for such transportation by law. (R. S. § 1719.) . . . * * (R. S. § 1720. Superseded.) This section was as follows: - “American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year.” i - It was superseded by § 3176. R. S. § 1721. Repealed.) This section was as follows: “The fee for certifying invoices to be charged by the Consul-general for the British North American provinces, and his subordinate consular officers and agents, for goods # exceeding one hundred dollars in value, shall be one Ollar.” . - 1: was repealed by Act April 5, 1906, c. 1366, § 9, 34 Stat. § 3178. Tonnage fees in Canadia—No consul, vice-consul, or consular agent in the Dominion of Can- ada, shall be allowed tonnage fees for any services, actual or constructive, rendered any vessel owned and registered in the United States that may touch at a Canadian port; and in the collection of official fees they shall receive foreign moneys at the rate given in the Treasury schedule of the value of foreign coins. (R. S. § 1722.) - § 3179. Exacting excessive fees—Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he shall, besides his liability to reflind the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount Of the unlawful charge SO collected, as a penalty, to be recovered with costs, in any proper form of action, by such person for his Own use. And in any such case the Secretary of the Treasury may retain out of the compensation of Such Officer, the amount of such Overcharge, and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do. (R. S. § 1723.) - § 3180. Penalty for omission to colleet fees— Every consul-general, consul, [or commercial agent], ſmentioned in Schedules B and C], or vice-Consul, [or Vice-commercial agent], appointed to perform the duty of any such officer [mentioned in Schedules B.and Cl, Who Omits to Collect any fees which he is entitled to charge for any official service, shall be liable to the |United States therefor, as if he had collected the Same ; tınless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same. (R. S. § 1724.) Text in brackets superseded by §§ 3130a, 3130b, 3140. § 3181. Returns of fees—All such consuls-gener- al, consuls, [commercial agents], and consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect, and all such Vice-consuls [and vice-commercial agents] ap- pointed to perform the duties of such consuls-general, consuls, [and COmmercial agents] as are allowed for their compensation the whole Or any part of Such fees, shall make returns in such manner as the Secre- tary of State shall prescribe, of all such fees as they or any person in their behalf so collect. (R. S. § 1725.) Text in brackets superseded by §§ 3140, 3186. - § 3182. Receipts for fees—Every consular offi- cer shall give receipts for all fees collected for his official services, expressing the particular services for which the same were Collected. (R. S. § 1726.) § 3183. Same; registering—Every consular of ficer shall number all receipts given by him for fees received for official Services, in the Order of their dates, beginning with number One at the commence- Ch. 2) 2 3193 DIPLOMATIC AND CONSULAR OFFICERS ment of the period of his service, and on the first day of January in every year thereafter. He shall also register in a book to be kept by him for that purpose all fees so received by him, in the order in which they are received, specifying each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the Same a CCOrding to the number of the receipts respectively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue, or verify any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt, and as shown by such register. (R. S. § 1727.) . - § 3184. Verification of account of fees—Every consular officer, in rendering his account of fees re- ceived shall furnish a full transcript of the register which he is required to keep, and make oath that, to the best of his knowledge, the same is true, and COn- tains a full and accurate statement of all fees receiv- ed by him, or for his use, for his official services as such consular officer, during the period for which it purports to be rendered. Such oath may be taken be- fore any person having authority to administer Oaths | at the port or place where the consular Officer is 10- cated. If any such consular officer willfully and COr- ruptly commits perjury, in any such oath, within the intent and meaning of any act Of Congress now Or hereafter made, he may be charged, proceeded against, tried, and convicted, and dealt with in the same man- ner, in all respects, as if such offense had been Com- mitted in the United States, before any officer duly authorized therein to administer Or take Such Oath, and shall be subject to the same punishment and dis- ability therefor as are or shall be prescribed for such offense. (R. S. § 1728.) - § 3185. Notarial acts; fees—Every consular Of- ficer of the United States is hereby required, When- ever application is made to him therefor, within the limits of his consulate, to administer to Or take from any person any oath, affirmation, affidavit, or deposi- tion, and to perform any other notarial act which any notary public is required or authorized by law to do within the United States; and for every such notarial act performed he shall charge in each instance the appropriate fee prescribed by the President under Sec- tion seventeen hundred and forty-five, Revised Stat- utes. (April 5, 1906, c. 1366, § 7, 34 Stat. 101.) See § 3205. - § 3186. Accounting for fees; compensation by salary only—All fees, official or unofficial, received by any officer in the consular service for services render- ed in connection with the duties of his office Or as a consular officer, including fees for notarial Services, and fees for taking depositions, executing Commissions or letters rogatory, settling estates, receiving or pay- ing out moneys, caring for or disposing of property, shall be accounted for and paid into the Treasury Of the United States, and the sole and Only compensation of such officers shall be by salaries fixed by law ; but this shall not apply to consular agents, who shall be paid by one half of the fees received in their offices, up to a maximum sum of one thousand dollars in any one year, the other half being accounted for and paid into the Treasury Of the United States. And [Vice- consuls-general, deputy consuls-general, Vice-Consuls, [and deputy consuls, in addition to such compensa- tion as they may be entitled to receive as consuls or Clerks, may receive such portion of the salaries of the consul-general or consuls for whom they act [as shall be provided by regulation.] 1366, § 8, 34 Stat. 101.) Text in brackets superseded by §§ 3131, 3140a. [Page 475] (April 5, 1906, c. § 3187. Fees for certification of invoices—Fees for the consular certification of invoices shall be, and they hereby are, included with the fees for official Services for which the President is authorized by sec- tion seventeen hundred and forty-five of the Revised Statutes to prescribe rates or tariffs. (April 5, 1906, c. 1366, § 9, 34 Stat. 101.) See § 3205. - - - . § 3.188. Stamps for axmount of fee—Every con- Sular officer shall be provided and kept supplied with adhesive official stamps, on which shall be printed the equivalent money value of denominations and to amounts to be determined by the Department of State, and shall account quarterly to the Department of State for the use of such stamps and for such of them as shall remain in his hands. * Whenever a consular officer is required or finds it necessary to perform any consular or notarial act he Shall prepare and deliver to the party or parties at Whose instance such act is performed a suitable and appropriate document as prescribed in the Consular regulations and affix thereto and duly cancel an ad- hesive stamp or stamps of the denomination or denome inations equivalent to the fee prescribed for such con- Sular or notarial act, and no such act shall be legally valid within the jurisdiction of the Government of the |United States unless such stamp or stamps is or are affixed and canceled. (April 5, 1906, c. 1366, § 10, 34 Stat. 102.) . (R. S. §§ 1729, 1730. R. S. § 1729, was as follows: . “All fees collected by any consul or commercial agent not mentioned in Schedule B or C, or by any vice-consul or commercial agent appointed to perform their duties, or by any other person in their behalf, shall be accounted for to the Secretary of the Treasury in the manner prescribed by the five preceding sections.” s R. S. § 1730, was as follows: - “Consuls-general, consuls, and commercial agents, not embraced in Schedules B and C, shall be entitled, as com- pensation for their services, to such fees as they may col- lect under the regulations prescribed by the President governing the subject of fees.” Both sections were superseded by different provisions of Act April 5, 1906, c. 1366, §§ 2, 8. Said, section 2N was su- perseded by Act Feb. 5, 1915, c. 23, §§ 1, 2 (§§ 3130a, 3130b). Said section 8 is § 1340. § 3189. Posting rates of fees—It shall be the duty of all consular officers at all times to keep post- ed up in their Offices, respectively, in a COnspicuous place, and subject to the examination Of all persons : interested therein, a copy of such rates or tariffs as shall be in force. (R. S. § 1731.) . §§ 3190, 3191. [R. S. §§ 1732, 1733. Superseded.] Section 3190 provided that any excess of fees of a consul or commercial agent not mentioned in schedule B or C amounting to more than $2,500 in one year, over and above expense of office rent and clerk hire, should be subject to the draft or other directions of the Secretary of the Treas- ury. It was superseded by a provision of Act April 5, 1906, c. 1366, §§ 2, 3, 8. Section 2 of said act was super- seded by Act Feb. 5, 1915, c. 23, §§ 1, 2 (§§ 3130a, 3130b); and sections 3 and 8 of said act are $$ 3140, 3186, Section 3191 provided that excess of fees from any vice- consulate or consular agent amounting to more than $1,- 000 in any year should be subject to the draft or other direction of the Secretary of the Treasury. It was super- seded by Act April 5, 1906, c. 1366, §§ 2, 3, 8. Section 2 of said act was superseded by Act Feb. 15, 1915, c. 23, §§ 1, 2 (§§ 3130a, 3130b); and sections 3 and 8 of said act are $$ 3140, 3186. § 3192. Embezzlement—Every consular officer who willfully neglects to render true and just quarter- ly accounts and returns of the business of his office, Superseded.) and of moneys received by him for the use of the Unit- -ed States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expiration of the next suc- ceeding quarter, or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal represen- tative, account for and pay Over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embeZZlement, and shall be a 3193 (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERS IPage 476] punishable by imprisonment for not more than five years, and by a fine of not more than two thousand dollars. (R. S. § 1734, amended, Dec. 21, 1898, c. 36, § 3, 30 Stat. 771.) § 3.193. Neglect of duty-Whenever any Consular officer willfully neglects or omits to perform season- ably any duty imposed upon him by law, or by any Order or instruction made or given in pursuance Of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, Or Corrupt conduct, for all damages occasioned thereby ; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the TJnited States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any of— ficer, under such bond, for every willful act of mal- feasance or corrupt conduct in his office. (R. S. § 1735.) § 3.194. Same; duty to seamen; corrupt con- duet—If any consul [or commercial agent] neglects or omits to perform, seasonably, the duties imposed upon him by the laws regulating the shipment and discharge of seamen, and the reclamation of deserters On board or from Vessels in foreign ports, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt con- duct in office, he shall be punishable by imprisonment for not more than five years and not less than One, and by a fine of not more than ten thousand dollars and not less than one thousand. (R. S. § 1736.) Text in brackets superseded by § 3140. § 3.195. False certificate of property—If any consul, vice-consul, [commercial agent, or Vice-commer- cial agent] falsely and knowingly certifies that prop- erty belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by impfisonment for not more than three years and by a fine of not more than ten thousand dollars. (R. S. 1737. § º in brackets Superseded by § 3140. § 3196. Consular officers performing diplo- matic functions—No consular officers shall exercise diplomatic functions, or hold any diplomatic corre- spondence or relation on the part of the United States, in, with, or to the government or country to which he is appointed, or any other country or government, when there is in such country any officer of the Unit- ed States authorized to perform diplomatic functions therein; nor in any case, unless eXpressly authorized by the President so to do. (R. S. § 1738.) - § 3197. Same; compensation—For such time as any consular officer shall be authorized to perform diplomatic functions, in the absence of the regular dip- lomatic Officer in the country to Which he shall be ap- pointed, he shall be entitled, in addition to his Com- pensation as such consular officer, to receive Compen- sation for his services while so authorized, at the rate which would be allowed for a secretary of legation in such country. (R. S. § 1739.) Chapter Three—Provisions Common to Diplomatic and Consular Officers Sec. 3.198. Term, during which salary payable. 3198a. Additional compensation during existing War. 3199. Absence without leave; correspondence with private persons. 3200. Salary, in case of absence. 3.201. Time of transit allowed. 3202. Extra compensation. 3203. Compensation to citizens only. [Superseded.] . President to regulate fees. Fees collected in coin. Accounting for fees. . Expense of legations and consulates. Sec. - - 3209. Buildings; limitations of expenditure and cost. 3210. Allowance to widow of deceased consular officer. 3211. Depositions; perjury. . - 3212. Regulations. § 3.198. Term during which salary payable- No ambassador, envoy extraordinary, minister pleni- potentiary, minister resident, commissioner, chargé d'affaires, secretary of legation, assistant secretary of legation, interpreter to any legation or consulate, Or consul-general, consul, [or commercial agent, mention- ed in Schedules B and C, Shall be entitled to COmpell- sation for his services, except from the time when he reaches his post and enters upon his official duties to the time When he ceases to hold such Office, and for Such time as is actually and necessarily Occupied in receiving his instructions, not to exceed thirty days, and in making the direct transit between the place of his residence, when appointed, and his post of duty, at the commencement and termination of the period Of his Official service, for which he shall in all cases be allowed and paid, except as hereinafter mentioned. And ino person shall be deemed to hold any such, office after his successor is appointed and actually enters upon the duties Of his Office at his post of duty, nor after his official residence at such post has terminated if not so relieved. But no such allowance or payment shall be made to any consul-general, consul, [or com- mercial agent. Inot embraced in Schedules B and C,3 Or to any Vice-Consul, [Vice-Commercial agent, deputy Consul, or Consular agent, for the time so occupied in receiving instructions, or in such transit as aforesaid ; nor shall any such officer as is referred to in this sec- tion be allowed compensation for the time so occupied in such transit, at the termination of the period of his official service, if he has resigned or been recalled therefrom for any malfeasance in his office. (R. S. § 1740.) § 3198a. Additional compensation during ex- isting war—To enable the President, in his discretion and in accordance with such regulations as he may prescribe, to make special allowances, during penden- Cy Of existing war and for six months after its ter- mination, by way of additional compensation to con- Sular and diplomatic officers in belligerent countries and countries contiguous thereto, including China and the Officers at Hongkong, Saigon, Tsingtau, Darien, and Vladivostok in order to adjust their official in- COme to the ascertained cost of living at the posts to Which they may be assigned. * * (April 15, 1918, c. 52, 40 Stat.) - Text in brackets superseded by §§ 3130a, 3130b, 31.40a. (R. S. § 1741. Superseded.) . The provisions of this section were re-enacted, substan- tially, by Act June 17, 1874, c. 294 (§ 3199). § 3199. Absence without leave; correspond- exace with private persons—No Ambassador, Envoy Extraordinary, Minister Plenipotentiary, Minister Resident, Commissioner to any foreign Country, chargé d'affaires, Secretary [of Legation, Assistant Secretary of Legation], Interpreter to any legation in any foreign country, Consul General, Consul, [Com- mercial Agent, consular pupils, or consular agent shall be absent from his post or the performance of his duties for a longer period than ten days at any One time, without the permission previously obtained of the President. And no compensation shall be allowed for the time of any suchſ absence in any case except in cases of sickness; nor shall any diplomatic Or Con- Sular officer correspond in regard to the public affairs of any foreign government with any private person, newspaper, or other periodical, or otherwise than With the proper officers of the United States; nor without the consent of the Secretary of State previously ob- tained, recommend any person at home or abroad for any employment of trust or profit under the GOVern- ment Of the country in which he is located ; nor ask or accept, for himself or any other person, any present, emolument, pecuniary favor, office, Or title of any Ch. 3) 3 8211 DIPLOMATIC AND CONSULAR OFFICERS kind from any such government. (June 17, 1874, C. 294, 18 Stat. 77.) Text in brackets superseded by §§ 3130a, 3130b, 3140. § 3200. Salary in case of absence—No diplo- matic or consular Officer shall receive Salary for the time during which he may be absent from his post, by leave or otherwise, beyond the term of sixty days in any one year; but the time equal to that usually occupied in going to and from the United States in case of the return, on leave, of such diplomatic or con- sular officer to the United States may be allowed in addition to such sixty days. (R. S. § 1742.) § 3201. Time of transit allowed—The Secre- tary of State shall, as soon as practicable, establish and determine the maximum amount of time actually necessary to make the transit between each diplomatic and consular post and the city of Washington, and Vice versa, and shall make the same public. also, from time to time, revise his decision in this respect; but in each case the decision is to be in like manner made public. And the allowance for time actually and necessarily Occupied by each diplomatic and consular officer who may be entitled to such al- 10Wance Shall in no Case exceed that for the time thus established and determined, with the addition of the time usually occupied by the shortest and most direct mode of conveyance from Washington to the place of residence in the United States Of Such officer. (June 11. 1874, c. 275, § 4, 18 Stat. 70.) § 3202. Extra compensation—The compensation allowed by law to the various diplomatic and consular Officers shall be in full for all the services rendered and perSonal expenses incurred by the persons respec- tively for whom such compensation is provided, of Whatever kind such services or personal expenses may be, or by whatever treaty, law, or instructions they are required ; and no allowance, other than such as is SO provided, shall be made in any case for the out- fit or return home of any such officer or person. (R. S. § 1743.) - See § 3186. § 3203. Compensation to citizens only–No compensation provided for any officer mentioned in section sixteen hundred and seventy-five, [or for any assistant Secretary of legation,] or any appropriation therefor, shall be applicable to the payment of the Compensation of any person appointed to or holding any Such Office who shall not be a citizen of the Unit- ed States; nor shall any other compensation be al- lowed in any such case. (R. S. § 1744.) Text in brackets superseded by §§ 3130a, 3130b. See, also, §§ 3133, 3142a, as to citizenship. R. S. § 1675 is § 3117. § 3204. [Superseded.] - This section (Act June 11, 1874, c. 275, § 6, 18 Stat. 70), relating to compensation of vice-consul temporarily acting as consul, was superseded by § 3142a. § 3205. President to regulate fees—The Presi- dent is authorized to prescribe, from time to time, the rates or tariffs of fees to be charged for Official Services, and to designate what shall be regarded as Official services, besides Such as are expressly declar- ed by law, in the business of the several legations, Consulates, [and commercial agencies, and to adapt the same, by Such differences as may be necessary or proper, to each legation, Consulate, [or Commer- cial agency;] and it shall be the duty of all officers and perSons Connected With Such legations, COnSulates, [or commercial agencies] to collect for such official. Services such and Only such fees as may be prescribed for their respective legations, consulates, [and com- mercial agencies, and such rates or tariffs shall be reported annually to Congress. (R. S. § 1745.) Text in brackets superseded by § 3140. - § 3206. Fees collected in coin–All fees collected by diplomatic and consular officers for and in behalf Of the United States Shall be collected in the Coin. Of the United States, or at its representative value in exchange. (R. S. § 1746.) § 3207. Accounting for fees—All fees collected by the consuls general, consuls, [and Commercial [Page 477I He may agents mentioned in Schedules B and C, and by Vice- consuls [and vice-commercial agents] appointed to per- form their duties, or by any other persons in their behalf, shall be accounted for to the Secretary of the Treasury. and held subject to his draft, or other di- rections. (R. S. § 1747.) Text in brackets superseded by §§ 3130a, 3130b, 3140. Further, as to fees, see §§ 3134, 3181-3184, 3186, 3188, 3192. § 3208. Expenses of legations and consulates —The President is authorized to provide at the pub- lic expense all such stationery, blanks, record and other books, seals, presses, flags, and signs, as he shall think necessary for the several legations, consulates, [and Commercial agencies] in the transaction of their business. (R. S. § 1748.) Text in brackets superseded by § 3140. § 3209. Buildings; limitations of expenditure and cost—That the Secretary of State be, and he is hereby, authorized to acquire in foreign countries such sites and buildings as may be appropriated for by Con- gress for the use of the diplomatic and Consular eS- tablishments of the United States, and to alter, repair, and furnish the said buildings ; suitable buildingS for this purpose to be either purchased or erected, as to the Secretary of State may seem best, and all build- ings so acquired for the diplomatic service shall be used both as the residences of diplomatic officials and for the offices of the diplomatic establishment: Pro- vided, however, That not more than the sum of five hundred thousand dollars shall be expended in any fiscal year under the authorization herein made : And provided further, That in submitting estimates of ap- propriation to the Secretary Of the Treasury for trans- mission to the House of Representatives, the Secre- tary of State shall set forth a limit of cost for the acquisition of sites and buildings and for the con- Struction, alteration, repair, and furnishing of build- ings at each place in Which the expenditure is pro- posed (which limit Of COst shall not exceed the Sum Of One hundred and fifty thousand dollars at any one place) and which limit shall not thereafter be ex- ceeded in any case, except by new and express au- thorization Of Congress. (Feb. 17, 1911, c. 105, 36 Stat. 917.) | § 3210. Allowance to widow of deceased con- sular officer—Whenever any diplomatic Or Consular Officer Of the United States dies in a foreign Country in the discharge of his duty, there shall be paid to his widow, or, if no widow survive him, then to his heirs at law, a sum of money equal to the allowance now made to such officer for the time necessarily oc- cupied in making the transit from his post of duty to his residence in the United States. (R. S. § 1749.) § 3211. Depositions; perjury—Every Secretary of legation and consular Officer is hereby authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, Or within the limits of his legation, consulate, [or Commercial agency, I to administer to Or take from any perSon an oath, affirmation, affidavit, or deposition, and to per- form any notarial act which any notary public is re- quired or authorized by law to do within the United States. Every such Oath, affirmation, affidavit, deposi- tion, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such Officer, when certified under his hand and Seal of Office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if ad- ministered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any per- son shall willfully and corruptly commit perjury, or by any means procure any person to Commit perjury in any such oath, affirmation, affidavit, or deposi- tion, within the intent and meaning of any act of Congress now or hereafter made, Such offender may be charged, proceeded against, tried, Convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had & 8211 (Tit. 18 DIPLOMATIC AND CONSULAR OFFICERS been committed in the United States, ficer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; ing to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer ad- ministering or taking the same in testimony thereof, shall be admitted in evidence without proof of any Such Seal or signature being genuine or of the Official Character Of Such person ; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counter- feit seal or signature thereto, knowing the same to be false Or Counterfeit he shall be deemed and taken to be guilty of a misdemeanor and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in and any document purport- [Page 4781 before any of— the district where he may be arrested or in custody. (R. S. § 1750.) Text in brackets superseded by § 3140. (R. S. § 1751. Superseded.) The provisions of this section were re-enacted, substan- tially, by § 3198. - - 3212. Regulations—The President is author- ized to prescribe such regulations, and make and issue such Orders, and instructions, not inconsistent with the Constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and returns, the payment of compensation, the safe keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, Sciences, manufactures, agriculture, and commerce, from time to time, as he may think conducive to the public in- terest. It shall be the duty of all such officers to conform to such regulations, orders, and instructionS. (R. S. § 1752.) TITLE XIX—PROVISIONS APPLICABLE TO SEVERAL CLASSES OF PUBLIC OFFICERS AND EMPLOYES Chap. Sec. Appointment, Qualification, Compensation, and Services, in General ... 3213 Chap. A. Sec. B. Civil Service Commission and Classified Civil Service • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * º Chapter A–Appointment, Qualifica- tion, Compensation, and Services, in General Regulation of admissions to civil service. Sec. 32.13. 3214. Persons disabled in military or naval service; prefer- €17 Gé. 3215. Same; recommendation for employment. 32.15a. Restoration to positions of employés called into active military service. 3216. Oath of office; form. 3217. Effect of act on existing rights. 3218. Oath for certain persons. 3219. Dºy imposed by the Fourteenth Amendment re- - In O'We C1. - 3220. Oath of office; who may administer. 3220a. Same; employés of Lighthouse Service. 3221. Same; to employés administered without compensation. 3222. Same ; chief clerks of Departments to administer With- Out COmpensation. - 3223. Same; custody of. - 3224. Unauthorized office, no salary for. 3225. Unauthorized employment of clerks. 3226. Detective agency employés not to be employed. 3227. Publicity experts not to be employed without specific appropriation. 3227a. Experts; compensated without specific provision for. 3228. Salaries to certain recess appointees. 3228a. Salaries or compensation to be at rates of appropria- tions until Otherwise fixed. 3228b. Officers and employés established and continued as ap- propriated for. - 3229. Salaries to Treasury Department officers holding over. 3230. Double salaries. - 3230a. Same; exceptions. - 3230b. Same; teachers in public schools of District of Colum- bia. 3231. Holding other lucrative office. 3231a. Receiving salary from source other than United States. 3232. Retired officers of Army or Navy; river and harbor im- provements. 3233. Extra services. 3234. Extra allowances. 3235. Extra compensation or perquisites. 3235a. Additional compensation to persons employed under general or lump sum appropriation. - 3236. Actual traveling expenses only allowed. 3236a. Expenses for subsistence; traveling on duty. 3236b. Same; engaged in field work or traveling on official business. - 3237. Restrictions on payment of expenses of horses or car riages for personal use. - - 3238. Restrictions on payment of expenses of carriages or Ve— hicles for personal or official use. 3238a. Restrictions on payments for purchase or operation of passenger-carrying vehicles. 3238b. Same; not to apply to river and harbor improvements. Sec. 3239. Officers in arrears. 3240. Withholding pay of army officers. 3241. Restrictions on paying fees or dues in societies. 3242, sº expenses of employés of Department of Agricul- UII’e. 3243. Annual or monthly compensation. 3243a. cºnsation for clerks or secretaries of retired offi- C13, S. - 3244. Holidays for per diem employés. 3245. Same; Memorial Day and Fourth of July. 3246. Holidays; Labor Day. 3247. Leaves of absence; members of National Guard. 3248. Same; employés of navy yards. - 3248a. Same; accrued leaves' to civilian employés of Ordnance - Department. - 3249. Commissions. 3250. Same; officers under Secretaries of Departments. 3251. Same; officers under Secretary of Interior. 3252. Same; judicial officers and other officers under Attor- - ney-General. 3253. Same; officers under Postmaster-General and Secretary of Commerce and Labor. - - 3254. Notification of appointments. . 3255. Notification of nominations or rejections. 3256. Removal of office. 3257. Preservation of copies of Statutes at Large. 3258. Statutes furnished judges to remain public property. 3259. Taking oaths or acknowledgments. 3260. Acknowledgments of deeds; Philippine Islands and Porto Rico. - 3261. Same; Guam and Samoa, or Canal Zone. 3262. Oaths to expense accounts. - 3262a. Same. - 3263. Restriction on payments for newspapers. 3264. Prohibition of contributions or presents to superiors. 3265. Restriction on payment for services. 3266. Civil pension roll prohibited. 3267. Medals for services; duplicates on loss or destruction. 3268. Foreign decorations. - 3269. Same; delivery through State Department. 3270. Contributions. for political purposes. § 3213. Regulation of admissions to civil service–The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best pro- mote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such in- quiries, and may prescribe their duties, and establish regulations for the conduct of persons who may re- ceive appointments in the civil service. (R. S. § 1753.) See §§ 3271–3282. - Ch. A) & 3227a. SEVERAL CLASSES OF OFFICERS AND EMPLOYi’s § 3214. Persons disabled in military or naval service; preference—Persons honorably discharged from the military or naval service by reason of dis- ability resulting from wounds or sickness incurred in the line of, duty, shall be preferred for appointments to civil offices, provided they are found to possess the business Capacity necessary for the proper discharge Of the duties of such offices. (R. S. § 1754.) § 3215. Same; recommendation for employ- ment-In grateful recognition of the services, sacri- fices, and Sufferings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to bankers, merchants, manufacturers, mechanics, farm- erS, and persons engaged in industrial pursuits, to give them the preference for appointments to re- ºrative situations and employments. (R. S. § § 3215a. Restoration to positions of em- ployés called into active military service—All of- ficers and enlisted men of the National Guard and Of the Medical Reserve Corps of the Army who are Government employees and who respond to the call Of the President for service shall, at the expiration of the military service to which, they are called, be re- Stored to the positions occupied by them at the time Of the call. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 624.) - (R. S. § 1756. Repealed.) . This Section, relating to oaths of office, repealed by § § 3216. Oath of office; form—Section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, mili- tary, or naval service, except the President of the United States, shall be as prescribed in section seven- teen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in Special or particular subordinate offices and employments. Stat. 22.) § 3217. Effect of act on existing rights—The proVisions of this act shall in no manner affect any right, duty, claim, obligation, or penalty now existing Or already incurred ; and all and every such right, duty, Claim, obligation, and penalty shall be heard, . tried, and determined, and effect shall be given there- to, in the same manner as if this act had not been passed. (May 13, 1884, c. 46, § 3, 23 Stat. 22.) § 3218. Oath for certain persons—Whenever any person who is not rendered ineligible to office by the proVisions of the fourteenth amendment to , the Constitution is elected or appointed to any office of honor Or trust under the Government of the United States, and is not able, on account of his participa- tion in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: “I, A B, do Solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation Or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” - (R. S. § 1757.) - § 3219. Disability imposed by the Fourteenth Amendment removed—The disability imposed by Section three Of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed. (June 6, 1898, c. 389, 30 Stat. 432.) § 3220. Oath of office; who may administer— The oath of office required by either of the two pre- ceding Sections may be taken before any officer who (May 13, 1884, c. 46, § 2, 23 [Page, 479] is authorized either by the laws of the United States, Or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. (R. S. § 1758.) See § 3216. - - § 3220a. Same; employés of Lighthouse Serv- ice–Hereafter chief clerks in Offices of lighthouse in- spectors and employés designated by them are au- thorized to administer oaths of office to employés Of the Lighthouse Service. (March 3, 1915, c. 81, § 7, 88 Stat. 928.) - § 3221. Same; to employés administered without compensation—NO Officer, Clerk, Or em- ployee of any executive department who is also a notary public or other officer authorized to admin- ister Oaths, shall charge or receive any fee Or COm- pensation for administering oaths of Office to em- ployees of such department required to be taken On appointment or promotion therein. (Aug. 29, 1890, c. 820, 26 Stat. 371.) - § 3222. Same; chief clerks of Departments to administer without compensation—The Chief Clerks of the several Executive Departments and of the various bureaus and offices thereof in Washing- ton, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken. On their appointment or promo- (Aug. 29, 1890, c. 820, 26 Stat. 371.) tion. - Šame; custody of—The oath of office § 3223. taken by any person pursuant to the requirements [of section seventeen hundred and fifty-six, Orl of Sec- tion seventeen hundred and fifty-seven, shall be de- livered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. (R. S. § 1759.) - Text inclosed in brackets superseded by repeal of R. S. § 1756. See § 3216. § 3224. Unauthorized office, no salary for- No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some previously existing law, unless such office is subsequently sanctioned by law. (R. S. § 1760.) . . . . . § 3225. Unauthorized employment of clerks— The executive Officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draughtsman, messenger, watchman, laborer, Or Other employee, in any of the executive departments in the city of Washington, or elsewhere beyond provision made by law. (Aug. 15, 1876, c. 287, § 5, 19 Stat. 169.) - - .* - § 3226. Detective agency employés not to be employed—Hereafter no employee of the Pinkerton Detective Agency, or similar agency, shall be employ- ed in any Government service or by any officer of the District of Columbia. (March 3, 1893, c. 208, § 1, 27 Stat. 591.) - § 3227. Publicity experts not to be employed without specific appropriation—No money appro- priated by this Or any other Act shall be used for the Compensation of any publicity expert unless spe- cifically appropriated for that purpose. (Oct. 22, 1913, c. 32, 38 Stat. 212.) t § 3227a. Experts; compensated without spe- cific provision for—No part of any money appropri- ated in this or any other Act shall be used for com- pensation or payment of expenses of accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States Or the District Of Columbia, unless authority for employment of such services or payment of such expenses is stated in specific terms in the Act making provision therefor and the rate of compensation for Such services or expenses is specifically fixed therein, Or be used for compensation of or expenses for per- Sons, aiding or assisting such accountants or other 3 3228 SEVERAL CLASSES OF OFFICERS AND EMPLOYES t (Tit. 19 [Page 480I experts, unless the rate of compensation of Or expenses § 3230b. Same; teachers in public schools of for such assistants is fixed by officers or employees of District of Columbia—Section six of the legislative, the United States or District of Columbia having executive, and judicial appropriation Act, approved authority to do so, and such rates of compensation May tenth, nineteen hundred and sixteen, as amended or expenses so fixed shall be paid only to the person by the naval appropriation Act, approved August so employed. (April 6, 1914, c. 52, § 5, 38 Stat. 335.) twenty-ninth, nineteen hundred and sixteen, shall not § 3228. Salaries to certain recess appointees apply to teachers in the public schools of the District —No money shall be paid from the Treasury, as sal- of Columbia who are also employed as teachers of ary, to any person appointed during the recess of the night Schools and Vacation Schools. (Oct. 6, 1917, c. Senate, to fill a vacancy in any existing office, if the 79, § 9, 40 Stat. 384.) - - vacancy existed while the Senate was in session and § 3231. Holding other lucrative office—No per- was by law required to be filled by and with the son, who holds an office the salary or annual compen- advice and consent of the Senate, until such appointee sation attached to which amounts to the sum of two has been confirmed by the Senate. (R. S. § 1761.) thousand five hundred dollars shall be appointed to § 322sa. salaries or compensation to be at 9” hold any other ºffice to Which compensatiºn is at- rates of appropriations until otherwise fixed- | tººed unless specially heretofore or hereafter, spe: All laws or parts of laws to the extent they are in- || Cially authorized thereto by, law; but this shall, not consistent with rates of salaries or compensation ap- apply...to retired officers of the Army or Navy. When- propriated by this Act are repealed, and the rates ºver they may be elected to public office or Whenever of salaries or compensation of officers or employees the, President shall appoint them to office by and herein appropriated snail constitute the rate of sai. With the advice and cºnsent of the Senate. (July 31, ary Or compensation of such officers or employees, 1894, c. 174, § 2, 28 Stat. 205.) respectively, until otherwise fixed by annual rate of § ãº."º,: ºias, from source other appropriation or other law. (July 16, 1914, c. 141, $’ than United States—On and after July first, nine- 6, 38 Stat. 509.) * tº teen hundred and nineteen, no Government official § 322sh. Officers and employés established or employee shall receive any salary in connection and continued as apprºpriated for-The officers with his services as such an official of employee from and employees of the United States...Whose salaries any source other than the Government of the United are herein appropriated for are established and shall States, except as may be contributed out of the COntinue from year to year to the extent they shall treasury of any State, county, or municipality, and be appropriated for by Congress. (March 4, 1915, c. no person, association, or corporation shall make any 141, § 6, 38 Stat. 1049.) Contribution to, or in any way supplement the salary (R. S. § 1762. Superseded.) of, any Government official or employee for the serv- Th; º pººr out of any ...”. ices performed by him for the Government of the € O Or Or Ile eI*SOIl Ol * - - - * ~ * - #"hiding %ie tº to Rºº. *g º: ##. §o: United States. Any person violating any Of the t erms sections having been repealed by Act March 3, 1887, c. 353, of this proviso shall be deemed guilty of a misde- § 1, 24 Stat. 500, the provisions of this section, also, have meanor, and upon conviction thereof shall be punished become inoperative. by a fine of not less than $1,000 or imprisonment for § 3229. Salaries to Treasury Department offi- not less than six months, or by both such fine and cers, holding over-That the Secretary of the Treas imprisonment as the court may determine. (March 3, ury be, and he is hereby, authorized and directed to 1917, c. 163, § 1, 39 Stat. 1106.) + pay to all officers under the Treasury Department § 3232. Retired officers of Army or Navy; whose terms of office have expired 9: shall expire be | river and harbor improvements—Section two of the fºre the appºintment and qualificatiºn of tº sº | Act making appropriations for the jegislative execu. CeSSOrS, and who have been performing or shall per- tive, and judicial expenses of the Government for †ºm the duties of their rºspective offices atte‘...the the fiscal year ending june thirtieth, eighteen hundred ºte ºf such expiration; the salary, ºpensatiºn, and ninety-five, and for other purposes, approved July fees, Or emoluments authorized or provided by law thirty-first, eighteen hundred and ninety-four, shall i.each ºase, for the respective incumbents of, the not be so construed as to prevent the employment of offices: Provided, That Ino Such payment shall be any retired officer of the Army or Navy to do work ºde ſº º, serviçºs rendered by any such officer | under the direction of the Chief of Engineers of the Yºº holding ºtter tº appointlºt and qualiff United states Army in connection with the improve. $ºtiºn of his successor. (March 2, 1895, c. 187, § 1, ment of rivers and harbors of the United States, Or 28 Stat. 843.) - - - the payment by the proper officer of the Treasury $ 3280, Double salaries-No person who holds of any amounts agreed upon as compensation for an office, the salary, or annual compensation attached such employment. (June 3, 1896, c. 314, § 7, 29 Stat. to which amounts to the sum of two thousand five 235) - --- hundred dollars, shall receive compensation for dis- . See § 3231. - charging the duties of any other office, unless ex- § 3233. Extra services—No allowance or gom- pressly authorized by law. (R. S. § 1763.) pensation shall be made to any officer or clerk, by rea- § 3230a. Same; exceptions—Unless otherwise son of the discharge of duties which belong to any Specially authorized by law, no money appropriated other officer or clerk in the same or any other De- by this Or any other Act shall be available for pay- partment; and no allowance or compensation shall ment to any person receiving more than one salary be made for any extra services whatever, which any When the combined amount of said salaries exceeds officer or clerk may be required to perform, unless the Sum of $2,000 per annum, but this shall not apply expressly authorized by law. (R. S. § 1764.) to retired Officers or enlisted men of the Army, Navy, § 3234. Extra allowances—No officer in any Marine Corps, or Coast Guard, or to officers and en- branch of the public service, or any other person listed men of the Organized Militia and Naval Militia whose salary, pay, or emoluments are fixed by law in the Several States, Territories, and the District of or regulations, shall receive any additional pay, ex- Columbia: Provided, That no such retired officer, tra allowance, or Compensation, in any form Whatever, officer, or enlisted man shall be denied or deprived of for the disbursement of public money, Or for any oth. any of his pay, Salary, or Compensation as such, or er service or duty Whatever, unless the same is au- of any other salary or compensation for services thorized by law, and the appropriation therefor ex- heretofore rendered, by reason of any decision or plicitly states that it is for such additional pay, ex- Construction of said section six. (May 10, 1916, c. tra allowance, or compensation. (R. S. § 1765.) 117, § 6, 39 Stat. 120, amended, Aug. 29, 1916, c. 417, § 3235. Extra compensation or perquisites— 39 Stat. 582.) No civil officer of the Government shall hereafter Ch. A) 2 3289 SEVERAL CLASSES OF OFFICERS AND EMPLOYES receive any compensation or perquisites, directly or indirectly, from the treasury or property of the United States beyond his salary or compensation allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the De- partment Of Justice of district attorneys as now al- lowed by law for the performance of services not COvered by their salaries or fees. (June 20, 1874, c. 328, § 3, 18 Stat. 109.) § 3235a. Additional compensation to persons employed under general or lump sum appro- priation-It shall not be lawful hereafter to pay to any perSOn, employed in the Service of the United States under any general or lump sum appropriation, any Sum additional to the regular compensation re- ceived for or attached to any employment held prior. to an appointment or designation as acting for or in- Stead of an Occupant of any other office or employ- ment. This provision shall not be construed as pro- hibiting regular and permanent appointments by pro- motion from lower to higher grades of employments. (Aug. 1, 1914, c. 223, § 12, 38 Stat. 680.) See §§ 1390, 2844, 2845. - § 3236. Actual traveling expenses only allow- ed-Hereafter only actual travelling expenses shall be allowed to any person holding employment or ap- pointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies; and all allowances for mileages and transportation in excess of the amount actually paid, except as above excepted, are hereby declared illegal; and no credit shall be allow- ed to any of the disbursing-officers of the United Stºłes for payment or allowances in violation of this provision. (March 3, 1875, c. 133, § 1, 18 Stat. 452.) See §§ 1390, 2844, 2845. - § 3236a. Expenses for subsistence; on duty—On and after July first, nineteen hundred and fourteen, unless otherwise expressly proVided by law, no officer or employee of the United States shall be allowed or paid any sum in excess of ex- penses actually incurred for Subsistence while travel- ing on duty outside of the District of Columbia and away from his designated post of duty, nor any Sum for such expenses actually incurred in excess of $5 per day; nor shall any allowance or reimbursement for subsistence be paid to any officer or employee in any branch of the public service of the United States in the District of Columbia unless absent from his designated post of duty Outside of the District of Columbia, and then only for the period of time actual- ly engaged in the discharge of official duties. (April 6, 1914, c. 52, § 1, 38 Stat. 318.) - § 3236b. Same; engaged in field work or traveling on official business—The heads of execu- tive departments and other Government establish- ments are authorized to prescribe per diem rates of allowance not exceeding $4 in lieu of subsistence to persons engaged in field Work Or traveling On Official business outside of the District of Columbia and away from their designated posts of duty when not other- Wise fixed by law. For the fiscal year nineteen hun- dred and Sixteen and annually thereafter estimates Of appropriations from which per diem allowances are to be paid shall Specifically state the rates of Such allowances. (Aug. 1, 1914, c. 223, § 13, 38 Stat. 680.) - See § 5860, Superseded in part by this section, and 5861a. § 3237. Restrictions on payment of expenses of horses or carriages for personal use—No part of any money appropriated by this or any other Act shall be available for paying expenses of horses and Carriages Or drivers therefor for the personal use of any Officer provided for by this or any other Act other than the President of the United States, the heads of Executive Departments, and the Secretary to the President: ProVided, That this provision shall not CoMP.ST.’18—31 [Page traveling 481] - apply to officials outside of the District of Columbia in the performance of their public duties. This para- graph shall not take effect until July first, nineteen hundred and four. (March 18, 1904, c. 716, § 3, 33 Stat. 142.) See § 2124. : . § 3238. Restrictions on payment of expenses of carriages or vehicles for personal or official use-NO part of any money appropriated by this or any other Act shall be used for purchasing, maintain- ing, driving, Or Operating any Carriage or vehicle (Other than those for the use of the President Of the United States, the heads of the Executive Depart- ments, and the Secretary to the President, and other than those used for transportation of property be- longing to or in the custody of the United States), for the perSOnal Or Official use of any Officer or em- ployee of any of the Executive Departments or other Government establishments at Washington, District of Columbia, unless the same shall be specifically au- thorized by law Ór provided for in terms by appro- priation of money, and all such carriages and vehicles SO procured and used for Official purposes shall have conspicuously painted thereon at all times the full name of the Executive Department or other branch of the public service to which the same belong and in the service of which the same are used. (Feb. 3, 1905, c. 297, § 4, 33 Stat. 687.) This section does not affect $ 2124. § 3238a. Restrictions on payments for pur- chase or operation of passenger-carrying ve- hicles—No appropriation made in this or any othel. Act shall be available for the purchase of any motor. propelled or horse-drawn passenger-carrying vehicle for the service of any of the executive departments or Other Government establishments, or any branch of the Government service, unless specific authority is given therefor, and after the close of the fiscal year nineteen hundred and fifteen there shall not be ex- pended Out of any appropriation made by Congress. any Sum for purchase, maintenance, repair, or Opera- tion of motor-propelled Or horse-drawin passenger- Carrying vehicles for any branch of the public service Of the United States unless the same is specifically authorized by law, and in the estimates for the fiscal year nineteen hundred and sixteen and subsequent fiscal years there shall be submitted in detail esti- mates for Such necessary appropriations as are in- tended to be used for purchase, maintenance, repair, Or Operation Of all motor-propelled Or horse-drawn pas- senger-carrying vehicles, specifying the sums requir- ed, the public purposes for which said vehicles are intended, and the Officials Or employees by whom the Same are to be used. (July 16, 1914, c. 141, § 5, 38 Stat. 508.) - - § 3238%. Same; not to apply to river and har- bor improvements—The provisions Of Section five Of the legislative, executive, and judicial appropriation Act approved July sixteenth, nineteen hundred and fourteen, shall not be construed as applying to the purchase, maintenance, and repair of motor boats, trucks, and other vehicles needed in carrying out the various projects adopted by Congress for the im- provement, preservation, and protection of rivers and harbors. (March 4, 1915, c. 142, § 10, 38 Stat. 1054.) § 3239. Officers in arrears—No money shall be paid to any person for his compensation who is in ar- rears to the United States, until he has a CCOunted for and paid into the Treasury all sums for which he may be liable. In all cases where the pay Or salary of any person is withheld in pursuance of this section, the accounting Officers of the Treasury, if required to do so by the party, his agent Or attorney, shall re- port forthwith to the Solicitor of the Treasury the balance due ; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his Sureties. (R. S. § 1766.) ! ź 3240 (Tit. 19 SEVERAL CLASSES OF OFFICERS AND EMPLOYES [Page 482] § 3240. Withholding pay of army officers—The pay Of Officers of the Army may be withheld un- der Section Seventeen hundred and Sixty-six of the Revised Statutes on account of an indebtedness to the United States admitted or shown by the judg- ment of a court, but not otherwise unless upon a spe- Cial Order issued according to the discretion of the Secretary of War. (July 16, 1892, c. 195, § 1, 27 Stat. 177.) (R. S. §§ 1767–1772. Repealed.) These sections related to the tenure of Office under ap- pointments by and with the advice and consent of the Sen- ate, the authority of the President to suspend officers so appointed and to fill vacancies, and the performance of the duties of offices in abeyance for lack of any appointment thereto, incorporating provisions of Act March 2, 1867, c. 154, §§ 1-6, 14 Stat. 430, and Act April 5, 1869, c. 10, §§ 1-3, 16 Stat. 6. They were repealed by Act March 3, 1887, c. 353, § 1, 24 Stat. 500. - § 3241. Restrictions on paying fees or dues in societies—No money appropriated by this or any other Act shall be expended for membership fees or dues of any officer or employee of the United States or of the district of Columbia in any society or as- sociation or for expenses of attendance of any person at any meeting or convention of members Of any society or association, unless such fees, dues, or ex- penses are authorized to be paid by specific appropria- tions for such purposes or are provided for in express terms in some, general appropriation. (June 26, 1912, c. 182, § 8, 37 Stat. 184.) - § 3242. Same; yoartment of Agriculture—That nothing contained in the Act making appropriations to provide for the expenses of the Government of the District Of Colum- bia for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes, ap- proved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to prohibit the pay- ment from the appropriations for the Department of Agriculture of expenses incidental to the delivery Of lectures, the giving of instruction, or the acquiring of information at meetings by its employees On Sub- jects relating to the work of the department authoriz- ed by law. (March 4, 1913, c. 145, 37 Stat. 854.) § 3243. Annual or monthly compensation- Hereafter, where the compensation of any person in the service of the United States is annual or monthly the following rules for division of time and Computa- tion of pay for services rendered are hereby establish- ed: Annual Compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month ; and in making payments for a fractional part of a month one-thirtieth of one of such installments, or of a monthly compensation, Shall be the daily rate of pay. For the purpose Of COmputing Such compensation and for Computing time for Serv- ices rendered during a fractional part of a month in COnnection. With annual Or monthly Compensation, each and every month shall be held to consist . Of thirty days, Without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the Computation and treat- ing February as if it actually had thirty days. Any person entering the service of the United States dur- ing a thirty-One day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both Ólays inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month’s pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for One day's unauthorized absence on the thirty-first day of any Calendar month one day’s pay shall be forfeited. {June 30, 1906, c. 3914, § 6, 34 Stat. 763.) Computation of compensation of persons in military Service, See § 2117; of persons in postal service, see § 7240; of surfmen in Life-Saving Service, see Ş. 8537; of customs officers, see § 5394. expenses of employés of De- ſ Shall receive the same pay as on other days. § 324.8a. Compensation for clerks or secre- taries of retired officials—Hereafter no allowance Or COmpensation for Clerks or Secretaries of officials Of the United States retired from active service shall be authorized. (July 1, 1898, c. 546, § 1, 30 Stat. 644.) § 3244. Holidays for per diem employés—The employees of the Navy Yard, Government Printing Office, Bureau of Printing and Engraving, and all Other per diem employees of the Government on duty at Washington, or elsewhere in the United States, Shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of Feb- ruary, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and (Jan. 6, 1885, No. 5, 23 Stat. 516.) § 3245. Same; Memorial Day and Fourth of July–All per diem employees of the Government, on duty at Washington or elsewhere in the United States, Shall be allowed the day of each year, which is cele- brated as “Memorial” or “Decoration Day” and the fourth of July of each year, as holiday, and shall re- ceive the same pay as on other days. (Feb. 23, 1887, No. 6, 24 Stat. 644.) § 3246. Holidays; Labor Day—The first Mon- day Of September in each year, being the day celebrat- ed and known as Labor’s Holiday, is hereby made a legal public holiday, to all intents and purposes, in the Same manner as Christmas, the first day of Janu- ary, the twenty-Second day of February, the thirtieth day Of May, and the fourth day of July are now made by law public holidays. (June 28, 1894, c. 118, 28 Stat. 96.) § 3247. Leaves of absence; members of Na- tional Guard—All officers and employees of the United States and Of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, with- Out loss Of pay Or time, On all days of any parade or encampment ordered or authorized under the provi- Sions of this act. (March 1, 1889, c. 328, § 49, 25 Stat. 779.) - § 3248. Same; employés of navy yards—Each and every employee of the navy yards, gun factories, naval stations, and arsenals of the United States Government is hereby, granted thirty days' leave of absence each year, without forfeiture of pay during such leave: Provided further, That it shall be law- ful to allow pro rata leave only to those Serving twelve Consecutive months or more: And provided further, That in all cases the heads of divisions shall have discretion as to the time When the leave can best be allowed: And provided further, That not more than thirty days’ leave with pay shall be allowed any such employee in one year: Provided further, That this provision shall not be Construed to deprive em- ployees of any Sick leave or legal holidays to which they may now be entitled under existing law. . (Aug. 29, 1916, c. 417, 39 Stat. 617.) See index “Leave of Absence.” § 3248a. Same; accrued leaves to civilian em- ployés of Ordnance Department—Hereafter any civilian employee of the Ordnance Department who is a citizen of the United States and employed at any station Outside the continental limits Of the United States may, in the discretion of the Secretary of War, after at least two years' continuous, faithful, and satisfactory service abroad, and subject to the inter- ests of the public Service, be granted accrued leave of absence, with pay, for each year of service, and if an employee should elect to postpone the taking of any or all of the leave to which he may be entitled in pur- Suance hereof Such leave may be allowed to accumu- late for a period of not exceeding four years, the rate Of pay for accrued leave to be the rate obtaining at the time the leave is granted. (May 12, 1917, c. 12, 40 Stat. 65.) Ch. A) # 3262 SEVERAL CLASSES OF OFFICERS AND EMPLOYES [Page 483] § 3249. Commissions—The President is authoriz- ed to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appoint- ments have been advised and consented to by the Senate. (R. S. § 1773.) § 3250. Same; officers under Secretaries of Departments—Hereafter the commissions of all Of- ficers under the direction and control of the Secre- tary of the Treasury, the Secretary of War, the Sec- retary of the Navy, and the Secretary of Agriculture shall be made out and recorded in the respective De- partments under which they are to serve, and the de- partment seal affixed thereto, any laws to the COntrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the Same shall have been signed by the President of the United States. (March 28, 1896, c. 73, 29 Stat. 75.) § 3251. Same; officers under Secretary of In- terior—EIereafter the commissions of all officers under the direction of and cohtrol of the Secretary of the Interior shall be made out and recorded in the Depart- ment of the Interior, and the seal of the said Depart- ment affixed thereto ; any laws to the contrary not- withstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. (March 3, 1875, c. 131, § 14, 18 Stat. 420.) § 3252. Same; judicial officers and other of ficers under Attorney-General—Hereafter the Com- missions of all judicial officers, including marshals and attorneys of the United States, appointed by the President, by and with the advice and consent of the Senate, and all other commissions heretofore prepared at the Department of State upon the requisition of the Attorney-General, shall be made out and recorded in the Department of Justice, and shall be under the Seal of said Department and countersigned by the Attor- ney-General, any laws to the contrary notwithstand- ing: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. (Aug. 8, 1888, c. 786, 25 Stat. 387.) - § 3253. Same; officers under Postmaster-Gen- eral and Secretary of Commerce and Habor—EIere- after the commissions of all officers under the direc- tion and control of the Postmaster-General and the Secretary of Commerce [and Labor] shall be made Out and recorded in the Post-Office Department and the Department of Commerce [and Labor], respectively, . and the Department seal affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the Pres- ident of the United States. (March 3, 1905, c. 1422, 33 Stat. 990.) Text in brackets superseded by § 932. s § 3254. Notification of appointments—When- ever the President, without the advice and consent of the Senate, designates, authorizes, or employs any person to perform the duties of any office, he shall forth with notify the Secretary of the Treasury there- of, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper a CCOunting and disbursing officers of his Department. (R. S. § 1774.) & ~. § 3255. Notification of nominations or rejec- tions—The Secretary of the Senate shall, at the close of each session thereof, deliver to the Secretary of the Treasury, and to each of the Assistant Secretaries of the Treasury, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treas: urer, and to the Register Of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the Offices to which nominations have been made and not Con- firmed and filled at Such session. (R. S. § 1775.) See § 402. § 3256. Removal of office—Whenever any public office is removed by reason of sickness which may pre- Vail in the town or city where it is located, a partic: ular account of the cost of such removal shall be laid before Congress. (R. S. § 1776.) Removal of public offices to other places in case of prev- alence of contagious or epidemic disease, see §§ 9.179–9181. § 3257. Preservation of copies of Statutes at Large—The various officers of the United States, to whom, in virtue of their offices and for the uses there- of, copies of the United States Statutes at Large, pub- Iished by Little, Brown and Company, have been Or may be distributed at the public expense, by author- ity of law, shall preserve such copies, and deliver them to their successors respectively as a part of the prop- erty appertaining to the office. A printed copy of this section shall be inserted in each volume of the Stat- utes distributed to any such officers. (R. S. § 1777.) § 3258. Statutes furnished judges to remain public property—All statutes heretofore or hereaft- er furnished by the United States to district judges, district attorneys, and clerks of the United States courts under this or any other law, shall not become the property of these officers, but on the expiration of their official term shall be by them turned over and delivered to their respective successors in office. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 336.) - § 3259. Taking oaths or acknowledgments- In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by Or before any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the cir- cuit courts, and, when certified under the hand and Of- ficial seal of such notary or commissioner, shall have the same force and effect as if taken or made by Or before such justice of the peace. (R. S. § 1778.) § 3260. Acknowledgment of deeds; Philippine Islands and Porto Rico—Deeds and other instru- ments affecting land situate in the District of Colum- bia or any Territory of the United States may be acknowledged in the Philippine Islands and Porto Rico before any notary public appointed therein by proper authority or any officer therein who has ex officio the powers of a notary public: Provided, That the Certifi- cate by such notary in the Philippine Islands Or in Porto Rico, as the case may be, shall be accompanied by the certificate of the attorney-general of Porto Rico or the governor or attorney-general of the Philip- pine Islands to the effect that the notary taking said acknowledgment was in fact the officer he purported to be. (March 22, 1902, c. 273, 32 Stat. 88.) § 3261. Same; Guam and Samoa or Canal Zone —Deeds and other instruments affecting land Situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex Of- ficio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be ; and any deeds or other instruments affecting lands so situate, so acknowledged since the first day of January, nineteen hundred and five, and accompa- nied by such certificate shall have the same effect as such deeds or other instruments hereafter SO acknowl- edged and certified. (June 28, 1906, c. 3585, 34 Stat. 552.) - § 3262. Oaths to expense accounts—After Jung thirtieth, nineteen hundred and twelve, postmasters, assistant postmasters, collectors Of Customs, Collectors' of internal revenue, chief clerks of the Various ex- ecutive departments and bureaus, Or Clerks designated by them for the purpose, the Superintendent, the actº ing superintendent, custodian, and principal clerks of the various national parks and other Government a 3262a (Tit. 19 SEVERAL CLASSES OF OFFICERS AND EMPLOYi’s [Page 484] reservations, Superintendent, acting Superintendents, and principal clerks of the different Indian superin- tendencies or Indian agencies, and chiefs of field par- ties, are required, empowered. and authorized, when requested, to administer oaths, required by law or OtherWise, to accounts for travel or other expenses against the United States, with like force and effect as Officers having a seal; for such services when so rendered, Or when rendered on demand after said date ºby notaries public, who at the time are also Salaried officers or employees of the United States, no charge shall be made; and on and after July first, nineteen hundred and twelve, no fee or money paid for the services herein described shall be paid or re- imbursed by the United States. (Aug. 24, 1912, c. 355, § 8, 37 Stat. 487.) - - § 3262a. Same—Hereafter the provisions of see- tion eight of the Act of Congress approved August tWenty-fourth, nineteen hundred and twelve (Thirty- Seventh Statutes, page four hundred and eighty-seven), relative to the administering of oaths to travel ac- Counts or other expenses against the United States Shall be extended to chief clerks in the offices of lighthouse inspectors or other employees in the Light- house Service designated by them. (March 3, 1915, c. 81, § 7, 38 Stat. 928.) - - § 3263. Restriction on payments for newspa- pers–NO executive officer, other than the heads of Departments, shall apply more than thirty dollars, an- nually, Out of the contingent fund under his control, to pay for newspapers, pamphlets, perodicals, or other books or prints not necessary for the business of his office. (R. S. § 1779.) - (R. S. §§ 1780–1783. Repealed.) These sections, relating to certain offenses by officers, Such as neglecting or refusing to make returns or reportS, etc., Were incorporated into the Criminal Code, §§ 4ſ, 101, 110, 112, 113 (§§ 10205, 10269, 10280, 10282, 10283), and were repealed by § 341 thereof (§ 10515). § 3264. Prohibition of contributions or pres- ents to superiors—No officer, clerk, or employé in the United States Government employ shall at any time solicit contributions from other officers, clerks, Or employés in the Government service for a gift or present to those in a superior official position; nor shall any such officials or clerical superiors receive any gift Or present offered or presented to them as a contribution from persons in Government employ re- ceiving a less salary than themselves; nor shall any officer or Clerk make any donation as a gift or pres- ent to any official superior. Every person who vio- lates this section shall be summarily discharged from the Government employ. (R. S. § 1784.) (R. S. § 1785. Repealed.) This section provided for punishment of any officer, etc., aiding, etc., in importing or trading in obscene publica- tions, etc., or articles of indecent or immoral use, etc. It was incorporated into the Criminal Code, in chapter 5, § 102, thereof (§ 10271), and was repealed by section 341 thereof (§ 10515). See § 5300. R. S. § 1786. Superseded.) This section provided for proceedings by quo warranto for removal from office of any person holding office con- trary to provisions of section 3 of fourteenth amendment to Constitution. It was superseded by removal of disabil- ity imposed by said provision, by § 3219. (R. S. § 1787. Repealed.) This section provided that every person knowingly ac- cepting or holding, etc., any office under the United States or any state, to which he was ineligible under section 3 of fourteenth amendment to Constitution, should be guilty of a misdemeanor. It was superseded, with R. S. § 1786, by the removal of the disability imposed by said provi- # by § 3219, and was repealed by Crim. Code, § 34t (§ 10515). (R. S. §§ 1788, 1789. Repealed.) These Sections provided for punishment of officers con- cerned in disbursement or collection of revenues for car- rying on trade or business in public funds or property. They were incorporated into the Criminal Code, § 103 (§ 10272), and repealed by § 341 thereof (§ 10515). § 3265. Restriction on payment for services— No officer or clerk Whose duty it is to make payments on account of the salary or wages of any officer or person employed in connection with the customs Or the internal-revenue service, shall make any pay- ment to any officer or person so employed on account of services rendered, or of salary, unless such officer Or person so to be paid has made and subscribed an Oath that, during the period for which he is to receive pay, neither he, nor any member of his family, has received, either personally or by the intervention of another party, any money Or compensation of any de- Scription whatever, nor any promises for the same, either directly or indirectly, for services rendered or to be rendered, or acts performed or to be performed, in Connection with the customs or internal revenue ; Or has purchased, for like services or acts, from any importer, if affiant is connected with the customs, or Imanufacturer, if affiant is connected with the inter- nal-revenue service, consignee, agent, or custom-house broker, or other person whomsoever; any merchandise, at less than regular retail ºmarket prices therefor. (R. S. § 1790.) - § 3266. Civil pension roll prohibited—The es- tablishment of a civil pension roll or an honorable Service roll, or the exemption of any of the officers, Clerks, and persons in the public service from the ex- isting laws respecting employment in such service, is º prohibited. (Feb. 24, 1899, c. 187, § 4, 30 Stat. In postal service, see § 7252. § 3267. TMedals for services; duplicates on loss or destruction—In any case where the Presi- dent of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritori- OuS Services, On a proper showing made by such person to the Satisfaction of the President that such medal has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a dupli- Cate of such medal, the cost of which shall be paid Out of any money in the Treasury not otherwise ap- propriated. (April 15, 1904, No. 23, 33 Stat. 588.) § 3268. Foreign decorations—No decoration, or Other thing, the acceptance of which is authorized by this act, and no decoration heretofore accepted, or Which may hereafter be accepted, by consent of Con- greSS, by any officer of the United States, from any foreign government, shall be publicly shown or ex- posed upon the person of the officer so receiving the same. (Jan. 31, 1881, c. 32, § 2, 21 Stat. 604.) § 3269. Same; delivery through State Depart- ment—Hereafter any present, decoration, or other thing, which shall be conferred or presented by any foreign government to any officer of the United States, Civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State un- less so authorized by act of Congress. (Jan. 31, 1881, c. 32, § 3, 21 Stat. 604.) § 3270. Contributions for political purposes— All executive Officers Or employees of the United States not appointed by the President, with the ad- Vice and consent Of the Senate. are prohibited from requesting, giving to, or receiving from, any other officer or employee of the Government, any money or property or other thing of value for political pur- poses; and any such officer or employee, who shall Offend against the provisions of this section shall be at Once discharged from the service of the United States; and he shall also be deemed guilty of a mis- demeanor, and on Conviction thereof shall be fined in a sum not exceeding five hundred dollars. (Aug. 15, 1876, c. 287, § 6, 19 Stat. 169.) See §§ 10288–10292. Ch. B) $ 8272 (3) SEVERAL CLASSES OF OFFICERS AND EMPLOYES [Page 4851 Chapter B–Civil Service Commission and Classified Civil Service Temoval. Sec. 3271. Civil Service Commission; 3272. Duties of commissioners. (1) Preparation of rules. (2) Provisions of rules. 1. Competitive examinations. 2. Selection of officers, etc., according to results of examinations. Apportionment of appointments; for examinations. Probation before absolute appointment. Contributions for political purposes. Political coercion by officers. Non-competitive examinations in Ca,SeS. Notice of appointments, rejections, transfers, resignations, and removals; exceptions to be set forth with rules. (3) Regulations for examinations, and records. (4) Investigations and reports on execution of act. (5) Annual reports. . Oaths to witnesses. Chief examiner; secretary; employés; boards of exam- IIle I’S. - appointment; applications certain i 3273. 3274. 3275. Rooms and accommodations for Commission. 3276. Violation of duties by commissioners or officers, etc. 3277. (1) clºcation of clerks and employés; customs dis- I’1CUS. (2) Same; post-offices. (3) Same; revision. - 3278. Appointments and promotions in classified service; ex- aminations. - 3279. Pº, collectors of internal revenue and deputy mar- Sºla, IS. 3280. Habitual users of intoxicants. 3281. Members of same family. - 3282. Recommendations by Senators or Representatives. 3283. Applications for examinations; certificate of residence. 3284. Place of examinations; persons afflićted with tuberculo- sis; certificate of health. 3284a. Same; in District of Columbia, during war period. 3285. Efficiency ratings for classified service in Executive De- partments. 3286. Reports by Commission as to needs of personnel in De- partments. 3286a. Executive order suspended. - 3286b. System of efficiency ratings; Division of Efficiency, 3286c. Division of Efficiency changed to Bureau of Efficiency. 3286d. Bureau of Efficiency; duties transferred to. 3286e. Same; investigation of methods of examining and au- diting claims. - 3286f. Same; investigation of work of subtreasuries. 3286g. Same; investigation of methods of transacting public business in Civil Service Commission. - 3286H. Same; investigation of rates of pay of employés of States. - 3286i. Same; information furnished to by departments. - 3286j. Same; investigation of classification of employés o - Departments. º - 3286k. Same; investigation of duplication of Service in De- partments. 3287. Removals from classified civil service only for cause. § 3271. Civil Service Commission; appoint- ment; removal—The President is authorized to ap- point, by and with the advice and consent of the Sen- ate, three persons, not more than two of Whom shall be adherents of the same party, as Civil Service Com- missioners, and said three commissioners shall Con- stitute the United States Civil Service Commission. Said commissioners shall hold no other Official place Under the United States. The President may remove any commissioner; and any vacancy in the position of commissioner Shall be so filled by the President, by and with the advice and consent of the Senate. as to conform to said conditions for the first selection of commissioners. The commissioners shall each receive a Salary. Of three thousand five hundred dollars a year. And each of Said commissioners shall be paid his necessary traveling expenses incurred in the discharge Of his duty as a commissioner. (Jan. 16, 1883, C. 27, § 1, 22 Stat. 403.) Current appropriation for salaries of commissioners, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1081. $ 3272. Duties of commissioners—It shall be the duty of said Commissioners: {1) Preparation of rules—First. To aid the Pres- ident, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modi- fication thereof, into effect. (2) Provisions of rules—Second. And, among oth- er things, said rules shall provide and declare, as nearly as the Conditions of good administration will Warrant, as follows: - 1. Competitive easaºminations. First, for open, competitive examinations for test- ing the fitness of applicants for the public service now Classified or to be classified hereunder. Such exami- nations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the per- SOnS examined to discharge the duties of the service into Which they seek to be appointed. - 2. Selection of officers, etc., according to results of easaºminations. Second, that all the offices, places, and employments SO arranged Or to be arranged in classes shall be filled by Selections according to grade from among those graded highest as the results of such competitive ex- aminations. 3. Apportionment of appointments; €30,777 inatioqvs. Third, appointments to the public service aforesaid in the departments at Washington shall be apportion- ed among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Every ap- plication for an examination shall contain, among Other things, a statement, under oath, setting forth his Or her actual bona fide residence at the time of mak- ing the application, as well as how long he or she has been a resident of such place. - 4. Probation before absolute appointment. Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid. º 5. Contributions for political purposes. Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, Or to render any political Service, and that he will not be removed or otherwise prejudiced for refusing to do so. See §§ 10288–10292. 6. Political coercion by officers. - Sixth, that no person in said Service has any right to use his official authority or influence to coerce the political action of any person or body. 7. Non-competitive easaºminations in certain cases. Seventh, there shall be non-competitive examina- tions in all proper cases before the commission, When competent persons do not compete, after notice has applications for been given of the existence of the vacancy, under such rules as may be prescribed by the Commissioners as to the manner of giving notice. - 8. Notice of appointments, rejections, transfers, resig- nations, and removals; ea:ceptions to be set forth (with, rules. W Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of resi- dence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by Said Commission. And any necessary exceptions from Said eight fundamental provisions of the rules shall be set forth in connection with Such rules, and the reasons therefor shall be Stated in the annual reports Of the COImmission. (3) Regulations. for examinations, and rec- ords—Third. Said commission shall, subject to the rules that may be made by the President, make regu- lations for, and have control of, Such examinations, $ 3272(4) (Tit. 19 SEVERAL CLASSES OF OFFICERS AND EMPLOYES [Page 486] and, through its members or the examiners, it shall supervise and preserve the records of the Same ; and said commission shall keep minutes of its own pro- Ceedings. (4) Investigations and reports on execution of act—Fourth. Said commission may make investiga- tions concerning the facts, and may report upon all matters touching the enforcement and effects Of Said rules and regulations, and concerning the action of any qxaminer or board of examiners hereinafter pro- vided for, and its own subordinates, and those in the public Service, in respect to the execution of this act. (5) Annual reports—Fifth. Said Commission shall make an annual report to the President for transmission to Congress, showing its OWn action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any sugges- tions it may approve for the more effectual accom- plishment of the purposes of this act. (Jan. 16, 1883, c. 27, § 2, 22 Stat. 403.) - - $ 3273. Oaths to witnesses—Members of the Civil Service Commission and its duly authorized representatives are hereafter authorized to administer Oaths to witnesses in any matter depending before the Civil Service Commission. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 372.) - § 3274. Chief examiner; secretary; ©11ºlas ployés; boards of examiners—Said COmmission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington. Or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which Shall be at all times Open to him. The Chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the dis- charge of his duty. The commission shall have a sec- retary, to be appointed by the President, who shall receive a Salary of One thousand six hundred dollars per annum. It may, When necessary, employ a ste- nographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of Six hundred dollars a year. The commission shall, at Washington, and in One or more places in each State and Territory where examinations are to take place, designate and Select a suitable number of persons, In Ot less than three, in the Official service of the United States, residing in said State or Territory, after con- Sulting the head of the department or office in which Such perSons Serve, to be members of boards of ex- aminers, and may at any time substitute any other person in said service living in such State or Territory in the place of any One so selected. Such boards of examiners shall be so located as to make it reasonably COnvenient and inexpensive for applicants to attend before them ; and where there are persons to be ex- amined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the Collector, postmaster, and other Officers of the United States, at any place outside of the District of Columbia where examinations are di- rected by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. (Jan. 16, 1883, c. 27, § 8, 22 Stat. 404.) Current appropriation for officers and employés of Com- mission, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1081. $ 3275. Rooms and accommodations for Com- mission—It shall be the duty of the Secretary of the Interior to CauSe Suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washing- ton, for Carrying On the work of said commission and Said examinations, and to cause the necessary sta- tionery and other articles to be supplied, and the necessary printing to be done for said commission. (Jan. 16, 1883, c. 27, § 4, 22 Stat. 405.) § 3276. Violation of duties by commissioners, or officers, etc.—Any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in co-operation with one or more other perSOnS, defeat, deceive, or obstruct any person in respect of his Or her right of examination according to any Such rules Or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination Or proper standing of any person ex- annined hereunder, or aid in so doing, or who shall Willfully and corruptly make any false representa- tions Concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the pros- pectS Or Chances of any person so examined, or to be examined, being appointed, employed, or promoted, Shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dol- lars, nor more than one thousand dollars, or by im- prisonment not less than ten days, nor more than one year, Or by both such fine and imprisonment. (Jan. 16, 1883, c. 27, § 5, 22 Stat. 405.) - $ 3277. (1) Classification of clerks and em- ployés; customs districts—Within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now ex- isting under the 'One hundred and sixty-third section Of the Revised Statutes, to arrange in classes the sev. eral clerks and persons employed by the collector, nav- all officer, Surveyor, and appraisers, or either of them, Or being in the public service, at their respective of. fices in each customs district where the whole num- ber of Said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, Said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrange- ment and Classification upon being made shall be re- ported to the President. (2) Same; post-offices—Second. Within said sixty days it shall be the duty of the Postmaster-General, in general conformity to said one hundred and sixty- third Section, to separately arrange in classes the sev- eral clerks and persons employed, or in the public serv. ice, at each post-Office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster-General to arrange in like classes the Clerks and persons So employed in the postal service in connection with any other post-office; and every Such arrangement and classification upon being made shall be reported to the President. (3) Same; revision—Third. That from time to time said Secretary, the Postmaster-General, and each of the heads of departments mentioned in the One hundred and fifty-eighth Section of the Revised Stat- utes, and each head of an Office, shall, on the direction of the President, and for facilitating the execution Of this act, respectively revise any then existing classi- fication or arrangement of those in their respective de- partments and Offices, and, shall, for the purposes of the examination herein provided for, include in One or more of such classes, so far as practicable, Subordi- nate places, clerks, and officers in the public Service pertaining to their respective departments not before Ch. B) SEVERAL CLASSES OF OFFICERS AND EMPLOYES 2 3285 [Page 4871 classified for examination. (Jan. 16, 1883, c. 27, § 6, 22 Stat. 405.) R. S. § 163 is $ 242. R. S. § 158 is § 232. See, also, §§ 789, 853, 932. $ 3278. Appointments and promotions in clas- sified service; examinations—After the expiration of six months from the passage of this act no officer Or Clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the Said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity here with. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference Conferred by the sev- enteen hundred and fifty-fourth Section of the Revised Statutes, nor to take from the President any author- ity not inconsistent with this act conferred by the SeVenteen hundred and fifty-third section of said Stat- utes; nor shall any officer not in the executive branch Of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, Shall any person who has been nominated for confir- Imation by the Senate be required to be classified or to pass an examination. (Jan. 16, 1883, c. 27, § 7, 22 Stat. 406.) R. S. § 1754, is § 3214. R. S. § 1753, is § 3213. Immigra- tion officers, see § 4273; employés of Census Office, see § 914; officers and employés of Federal Reserve Board, see § 9794; laborers in Agricultural Department, see § 798; Clerks, messengers, etc., in internal revenue offices, see § 3287a; employés of Federal Trade Commission, see § 8836b; employés of Federal Farm Loan Board, see § 9835b ; em- ployés of United States Employés’ Compensation Commis- Sion, see § 8932p. $ 3279. Deputy collectors of internal revenue and deputy marshals—Hereafter any deputy collec- tor of internal revenue or deputy marshal who may be required by law or by authority or direction of the COllectOr Of internal revenue Or the United States mar- shal to execute a bond to the Collector of internal rev- enue or United States marshal to secure faithful per- formance of official duty may be appointed by the said Collector or marshal, who may require Such bond with- . Out regard to the provisions of an Act of Congress en- titled “An Act to regulate and improve the Civil Serv- ice of the United States,” approved January sixteenth, eighteen hundred and eighty-three, and amendments thereto, or any rule or regulation made in pursuance thereof, and the officer requiring said bond shall have , power to revoke the appointment of any subordinate Officer Or employee and appoint his successor at his discretion without regard to the Act, amendments, rules, or regulations aforesaid. (Oct. 22, 1913, C. 32, 38 Stat. 208.) § 3280. Habitual users of intoxicants—No per- SOn habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, ap- pointment, or employment to which the provisions of this act are applicable. (Jan. 16, 1883, c. 27, § 8, 22 Stat. 406.) § 3281. Members of same family—Whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. (Jan. 16, 1883, c. 27, § 9, 22 Stat. 406.) § 3282. Recommendations by Senators or Rep- resentatives—No recommendation of any person who shall apply for Office or place under the provisions of this act which may be given by any Senator or mem- ber of the EIOuse of Representatives, except as to the character Or residence. Of the applicant, shall be re- ceived or considered by any person Concerned in making any examination or appointment under this act. (Jan. 16, 1883, c. 27, § 10, 22 Stat. 406.) § 3283. Applications for examinations; certif- icate of residence—EIereafter every application for examination before the Civil Service Commission for appointment in the Departmental Service in the Dis- trict of Columbia, shall be accompanied by a certifi- cate of an Officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of mak- ing such application, an actual and bona-fide resident of said county, and had been such resident for a pe- riod of not less than six months next preceding ; but this provision shall not apply to persons who may be in the service and seek promotion or appointment in other branches of the Government. (July 11, 1890, C. 667, § 1, 26 Stat. 235.) - § 3284. Place of examinations; persons af- flicted with tuberculosis; certificate of health- EIereafter all examinations of applicants for positions in the government service, from any State or Terri- tory, shall be had in the State or Territory in Which such applicant resides, and no person shall be eligible for such examination or appointment unless he Or she shall have been actually domiciled in such State Or Territory for at least one year previous to Such exam- ination: Provided, however, That no person af- flicted with tuberculosis shall be appointed and that each applicant for appointment shall accompany his Or her application with a certificate of health from some reputable physician: Provided, however, That in no instance shall more than one person be appointed from the same family. (July 2, 1909, c. 2, § 7, 36 Stat. 3.) - - § 3284a. Same; in District of Columbia during war period—The Act of July second, nineteen hun- dred and nine (Thirty-sixth Statutes at Large, Nurm- bered One), is hereby amended so as to permit the United States Civil Service Commission, during the period of the present war, to hold examinations Of ap- plicants for positions in the Government Service in the District of Columbia, and to permit applicants from the several States and Territories of the United States to take said examinations in the said District of Columbia and elsewhere in the United States Where examinations are usually held. Said examinations shall be permitted in addition to those required to be Held by said Act of July second, nineteen hundred and nine (Thirty-sixth Statutes at Large, Numbered One): Provided, That nothing herein shall be SO Con- strued as to abridge the existing law of apportionment or change the requirements of existing law as to legal residence and domicile of Such applicants. (March 27, 1918, c. 27, 40 Stat.) § 3285. Efficiency ratings for classified service in Executive Departments—The Civil Service Com- mission shall, subject to the approval of the President, establish a system of efficiency ratings for the Classi- fied service in the several executive departments in the District of Columbia based upon records kept in each department and independent establishment With such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an em- ployee, before he may be promoted; it shall also pro- vide a rating below which no employee may fall With- out being demoted; it shall further provide for a rat- ing below which no employee may fall With Out being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions Of the civil service rules. . Copies of all records of efficiency shall be furnished by the departments and independ- ent establishments to the Civil Service Commission for record in accordance with the provisions of this Sec- tion: Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank Or Salary. Any person knowingly violating the provisions of this section shall be summarily removed from Office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars Or by imprison- ment for not more than one year. (Aug. 23, 1912, C. 350, § 4, 37 Stat. 413.) 3 3286 (Tit. 19 SEVERAL CLASSES OF OFFICERS AND EMPLOYES : [Page 488] - § 3286. Reports by Commission as to needs of Personnel in Departments—Establishment and main- tenance of System of efficiency ratings for initial year: For the establishment and maintenance of system of efficiency ratings for initial year, $15,000, to be imme- diately available. The Civil Service Commission shall investigate and report to the President, with its recom- mendations, as to the administrative needs of the serv- ice relating to personnel in the several executive de- Partments and independent establishments in the Dis- trict of Columbia, and report to Congress details of eXpenditure and of progress of work hereunder at the beginning of each regular session: Provided, That no person shall be employed hereunder at a compensation in excess of $4,000 per annum. (March 4, 1913, c. 142, § 1, 37 Stat. 750.) . § 32862. Executive order suspended—The Op- eration Of the Executive Order Of March twenty- eighth, nineteen hundred and twelve, for the annual Submission to the Civil Service Commission of an Out- \ime of organization of the Government of the United States is suspended until otherwise provided by law. (July 16, 1914, c. 141, § 1, 38 Stat. 465.) - § 3286b. System of efficiency ratings; Divi- sion of Efficiency—Division of Efficiency: For estab- Iishment and maintenance of system of efficiency rat- ings, pursuant to section four of the legislative, execu- tive, and judicial appropriation Act for the fiscal year nineteen hundred and thirteen, for investigation of the needs of the several executive departments and inde- pendent establishments with respect to personnel; and for investigation of duplication of statistical and other work and methods of business in the Various branches of the Government service; including not more than $2,- 500 for equipment, supplies, stationery, books, and printing; and not more than $50 for street car fare $30,000; the chief of the Division of Efficiency here- in provided for shall be appointed by the President and shall report to Congress at the beginning of each regular session, through the President, the nature and progress of work undertaken by the division to- gether with a detailed statement of expenditures show- ing the persons employed, their duties, and the COm- pensation paid to each: Provided, That no person shall be employed hereunder at a compensation in ex- cess of $4,000 per annum. (March 4, 1915, c. 141, § 1, 38 Stat. 1007, 1008.) - - § 3286e. Pivision of Efficiency changed to Bul- reau of Efficiency—Hereafter the Division of Effi- ciency of the Civil Service Commission shall be an independent establishment and Shall be known as the Bureau of Efficiency ; and the Officers and employees of the said division shall be transferred to the Bureau of Efficiency without reappointment, and the records and papers pertaining to the work of the said division and the furniture, equipment, and Supplies that have been purchased for it shall be transferred to the said bureau. (Feb. 28, 1916, c. 37, § 1, 39 Stat. 15.) § 3286 d. Bureau of Efficiency; duties trans- ferred to–The duties relating to efficiency fatings imposed upon the Civil Service Commission by section four of the legislative, executive, and judicial appro- priation Act approved August twenty-third, nineteen. hundred and twelve, and the duty of investigating the administrative needs of the service relating to personnel in the several executive departments and independent establishments, imposed on the Civil Service Commission by the legislative, executive, and judicial appropriation Act approved March fourth, nineteen hundred and thirteen, are transferred to the Bureau of Efficiency. (Feb. 28, 1916, c. 37, § 1, 39 Stat. 15.) - § 3286e. Same; investigation of methods of examining and auditing elaims—The Bureau of Ef- ficiency shall investigate the methods of examining and auditing claims against the United States and ac- counts of disbursing officers, and of accounting for receipts and disbursements and shall submit a report to the Secretary of the Treasury and to Congress, with recommendations, at its next regular Session. (March 3, 1917, c. 163, § 1, 39 Stat. 1080.) : . § 3286f. Same; investigation of work of sub- treasuries—The Bureau of Efficiency shall investi- gate the work performed by the Subtreasuries and report to the Secretary of the Treasury and to Con- greSS at the beginning of the next regular session what part of the work of the Subtreasuries may be trans- ferred to other offices of the Government, banks of the Federal Reserve System or Farm Loan Banks, and for the purpose of this investigation the repre- sentatives of the Bureau of Efficiency shall have a C- Čess to all necessary books and other records Of the Government. (March 3, 1917, c. 163, § 1, 39 Stat. 1080.) § 3286g. Same; investigation of methods of tralasa.eting public business in Civil Service Com- mission—The Bureau of Efficiency shall investigate the methods of transacting the public business in the Civil Service Commission and report to Congress through the President at the next regular session of Congress. The Officers and employees of the Civil Service Commission are hereby directed to furnish said bureau with Such information as it may require to carry out this provision. (March 3, 1917, c. 163, § 1, 39 Stat. 1080.) - § 3286H. Salme; investigation of rates of pay of employés of States—The Bureau of Efficiency shall ascertain the rates of pay of employees of Va- rious State and municipal governments and commer- cial institutions in different parts of the United States, and shall Submit to Congress at its next regul- lar session a report showing how such rates Com- pare with the rates of pay of employees of the Fed- eral Government performing similar services. (March 3, 1917, c. 163, § 1, 39 Stat. 1081.) § 32861. Sarime; information furnished to by departments—Officers and employees Of the execu- tive departments and other establishments shall fur- nish authorized representatives of the Bureau of Efficiency with all information that the bureau may require for the performance of the duties imposed on . it by law, and shall give such representatives access to all records and papers that may be needed for that purpose. (March 3, 1917, c. 163, § 1, 39 Stat. 1081.) § 3286.j. Same; investigation of classification of employés of Departments—The Bureau Of Ef- ficiency shall investigate the classification, salary, and efficiency Of the employees Of the Departments and Independent Establishments Of the GOvernment in the District of Columbia and report fully or partially to Congress by January first, nineteen hundred and eighteen, as to needed equalization or reclassification, and if a partial report be submitted then a full re- port shall be submitted as soon thereafter as pos- sible with such recommendations as the Bureau may deem proper. (March 3, 1917, c. 163, § 1, 39 Stat. 1081.) - § 32861E. Same; investigation of duplication of service in Departments—The Bureau of Effi- ciency shall investigate duplication of service in the Various executive departments and establishments of the Government, including bureaus and divisions, and make a report to the President thereon, and the President is hereby authorized, after such report shall have been made to him, wherever he finds such dupli- cations to exist to abolish the same. Report of the action taken hereunder shall be made to Congress at its next regular session. (March 3, 1917, c. 163, § 8, 39 Stat. 1122.) § 3.287. Removals from classified civil serv- ice only for cause—No person in the classified civil Service Of the United States shall be removed there- from except for Such cause as will promote the effi- ciency of said service and for reasons given in writing, and the person whose removal is sought shall have no- tice of the same and of any charges preferred against Tit. 19A) 3 3293 OFFICIAL BONDS [Page 489] him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in Writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charg- es, notice of hearing, answer, reasons for removal, and of the Order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensa- tion; and COpies Of the same shall be furnished to the person affected upon request, and the Civil Serv- ice Commission also shall, upon request, be furnished copies of the same: Provided, however, That member- ship in any society, association, club, or other form Of Organization of postal employees not affiliated with any Outside Organization imposing an obligation or duty upon them to engage in any strike, or proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor . and leave of absence, by any person or groups of persons in said postal service, or the presenting by any such person or groups or persons of any grievance or grievances to the Congress or any Member thereof shall not constitute or be cause for reduction in rank or compensation or removal of Such person Or groups of persons from said service. The right of persons employed in the civil service of the United States, either individually or collectively, to petition Con- gress, or any Member thereof, or to furnish infor- mation to either House of Congress, Or to any COm- mittee or member thereof, shall not be denied or interfered with. (Aug. 24, 1912, c. 389, § 6, 37 Stat. 555.) TITLE XIX A–OFFICIAL BONDS 3288. Custody. - * 3289. Examination as to sufficiency of sureties. 3290. Renewal; continuance of liability. 3291. Notice of delinquency of principal. 3292. Limitation of actions against sureties. 8293. Surety companies as sureties. 3294. Same; appointment of agents; service of process. 3295. Same; deposit of copy of charter. 3296. Same; quarterly statements. 3297. Same; jurisdiction of suits on bonds. 8298. Same; nonpayment of judgment. 3299. Same; estoppel to deny corporate powers. 3300. Same; failure to comply with provisions of act. - 3301. Rate of premium on bond; premiums not to be paid by United States. § 3288. Custody—Hereafter all bonds of the Treasurer of the United States, collectors of internal revenue, Collectors, naval Officers, Surveyors, and other Officers of the customs, either as such Officers Or as disbursing officers of the Treasury, bonds of the Secretary of the Senate, Clerk Of the House of Rep- resentatives, and the Sergeant-at-Arms of the House Of Representatives, and all such bonds now On file in the office of the Comptroller of the Treasury shall be transmitted to the Secretary Of the Treasury and filed as he may direct; and the duties now required by law of the Comptroller of the Treasury in regard to such bonds, as the successor of the Commissioner of Customs and First Comptroller of the Treasury shall hereafter be performed by the Secretary of the Treas- ury. (March 2, 1895, c. 177, § 5, 28 Stat. 807.) § 3289. Examination as to sufficiency of sure- ties—Hereafter every officer required by law to take and approve official bonds shall Cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascer- tain the sufficiency of the amount thereof and ap- prove or fix said amount at least once in two years and as much oftener as he may deem it necessary. (March 2, 1895, c. 177, § 5, 28 Stat. 807.) § 3290. Renewal; continuance of liability— Hereafter every officer whose duty it is to take and approve official bonds shall cause all Such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strength- ened oftener if he deem such action necessary. In the discretion of such officer the requirement of a new bond may be waived for the period of Service of a bonded officer after the expiration of a four-year term of service pending the appointment and qualifica- tion of his successor: Provided, That the nonperform- ance of any requirement of this section on the part of any official Of the Government shall not be held to affect in any respect the liability of principal or Sureties on any bond made or to be made to the |United States: Provided further, That the liability Of the principal and sureties on all official bonds Shall continue and cover the period of service ensuing until the appointment and qualification of the succes- SOr Of the principal. And provided further, That In Othing in this Section shall be construed to repeal Or modify section thirty-eight hundred and thirty-six Of the Revised Statutes of the United States. (March 2, 1895, c. 177, § 5, 28 Stat. 807.) R. S. § 3836 is $ 7.195. § 3291. Notice of delinquency of principal– Hereafter, whenever any deficiency shall be discover- ed in the accounts of any Official Of the United States, Or of any officer disbursing or chargeable with public money, it shall be the duty of the accounting officers making such discovery to at once notify the head of the Department having control over the affairs of Said Officer of the nature and amount of said de- ficiency, and it shall be the immediate duty of said head of Department to at once notify all obligors upon the bond Or bonds of such official of the nature Of Such deficiency and the amount thereof. Said notification Shall be deemed sufficient if mailed at the post-Office in the city of Washington, District of Columbia, addressed to said sureties respectively and directed to the respective post-Offices where said Obli- gors may reside, if known ; but a failure to give or mail Such notice shall not discharge the surety or Sureties upon such bond. (Aug. 8, 1888, c. 787, § 1, 25 Stat. 387.) . § 3292. Limitation of actions against sure- ties—If, upon the statement of the account of any official of the United States, or of any officer disburs- ing Or Chargeable with public money, by the account- ing Officers of the Treasury, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after Such statement of said a CCount, the sureties on his bond shall not be liable for such indebtedness. (Aug. 8, 1888, c. 787, § 2, 25 Stat. 387.) § 3293. Surety companies as sureties—When- ever any recognizance, stipulation, bond, or under- taking conditioned for the faithful performance of any duty, or for doing or refraining from doing any- thing in such recognizance, stipulation, bond, or under- taking specified, is by the laws of the United States required or permitted to be given with one surety or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condi- tion thereof shall be Sufficient when executed Or guaranteed solely by a corporation incorporated un- der the laws Of the United States, or Of any State having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings: Provided, That such recogni- Zance, Stipulation, bond, or undertaking be approved & 3294 (Tit. 19A OFFICIAL BONDs IIPage 490I by the head of department, court, judge, officer, board, Or body executive, legislative, or judicial required to appl’OWe Or a CCept the same. But no Officer Or per- SOn having the approval of any bond shall exact that it shall be furnished by a guarantee company or by any particular guarantee company. (Aug. 13, 1894, c. 282, § 1, 28 Stat. 279.) - - § 3294. Same; appointment of agents; serv- ice of process—No such company shall do business under the provisions of this Act beyond the limits of the State or Territory under whose laws it was in- COrporated and in which its principal office is located, In Or beyond the limits of the District Of Columbia, When Such Company was incorporated under its laws Or the laws of the United States and its principal Office is located in said District, until it shall by a written power of attorney appoint some person resid- ing within the jurisdiction of the court for the judi- cial district wherein such suretyship is to be under- taken, who shall be a citizen of the State, Territory, Or District Of Columbia, wherein such court is held, as its agent, upon whom may be served all lawful process against such company, and who shall be au- thorized to enter an appearance in its behalf. A COpy Of such power of attorney, duly Certified and au- thenticated, shall be filed with the clerk of the dis- trict Court Of the United States for Such district at each place where a term of such Court is or may be held, which copy, or a certified copy thereof, shall be legal evidence in all controversies arising under this Act. If any such agent shall be removed, resign, or die, become insane, Or Otherwise incapable Of act- ing, it shall be the duty Of Such COmpany to appoint another agent in his place as hereinbefore prescribed, and until Such appointment shall have been made, Or during the absence of any agent of such company from Such district, service Of process may be upon the clerk of the court wherein such suit is brought, with like effect as upon an agent appointed by the COm- pany. The Officer executing Such process upon Such clerk shall immediately transmit a copy thereof by mail to the Company, and State Such fact in his re- turn. A judgment, deCree, or Order Of a COurt entered or made after service of process as aforesaid shall be as Valid and binding On Such Company as if served with process in said district. (Aug. 13, 1894, C. 282, § 2, 28 Stat. 279.) § 3295. Same; deposit of copy of charter— Every Company, before transacting any business un- der this Act shall deposit with the Secretary Of the Treasury of the United States a copy of its charter Or articles Of inCOrpOration, and a statement, Signed and Sworn to by its president and secretary, showing its assets and liabilities. If the said Secretary of the Treasury shall be satisfied that such company has authority under its charter. to do the business provided for in this Act, and that it has a paid-up capital of not less than two hundred and fifty thou- Sand dollars, in Cash or its equivalent, and is able to keep and perform its contracts, he shall grant au- thority in writing to such company to do business under this Act. (Aug. 13, 1894, c. 282, § 3, 28 Stat. 279, amended, March 23, 1910, c. 109, 36 Stat. 241.) § 3296. Same; quarterly statements—Every Such COmpany shall, in the months of January, April, July, and October of each year, file with the said Sec- retary of the Treasury a statement, signed and Sworn to by its president and Secretary, showing its assets and liabilities, as is required by section three of this Act. And the said Secretary of the Treasury shall have the power, and it shall be his duty, to re- voke the authority of any such company to transact any new business under this Act whenever in his judg- ment Such company is not SOlvent or is conducting its business in violation of this Act. He may institute inquiry at any time into the Solvency of said company and may require that additional Security be given at any time by any principal When he deems such com- pany no longer sufficient Security. (Aug. 13, 1894, c. 282, § 4, 28 Stat. 279, amended, March 23, 1910, c. 109, 36 Stat. 241.) • § 3297. Same; jurisdiction of suits on bonds —Any Surety Company doing business under the pro- Visions of this Act may be sued in respect thereof in any Court Of the United States which has now Or hereafter may have jurisdiction of actions or suits upon such recognizance, stipulation, bond, or under- taking, in the district in Which Such recognizance, Stipulation, bond, Or undertaking was made Or guar- anteed, Or in the district in Which the principal Office Of Such Company is located. And for the purposes of this Act such recognizance, stipulation, bond, or undertaking shall be treated as made Or guaranteed in the district in which the Office is located, to which it is returnable, or in which it is filed, or in the dis- trict in which the principal in such recognizance, stip- ulation, bond, Or undertaking resided when it was made or guaranteed. (Aug. 13, 1894, c. 282, § 5, 28 Stat. 280.) § 3298. Same; nonpayment of judgment—If any Such Company shall neglect Or refuse to pay any final judgment Or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking made or guaranteed by it under the provisions Of this Act, from which no appeal, Writ of error, Or Supersedeas has been taken, for thirty days after the rendition of such judgment or decree, it shall forfeit all right to do business under this Act. (Aug. 13, 1894, c. 282, § 6, 28 Stat. 280.) § 3299. Same; estoppel to deny corporate powers—Any company which shall eXecute Or guaran- tee any recognizance, stipulation, bond, or undertak- ing under the provisions of this Act shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its COrpOrate power to execute or guarantee such instrument or as- Sume such liability. (Aug. 13, 1894, c. 282, § 7, 28 Stat. 280.) - § 3300. Same; failure to comply with provi- sions of act—Any company doing business under the provisions of this Act which shall fail to comply. With any of its provisions shall forfeit to the United States for every such failure not less than five hun- dred dollars nor more than five thousand dollars, to be recovered by suit in the name of the United States in the same courts in which suit may be brought against such company under the provisions of this Act, and such failure shall not affect the validity of any contract entered into by such company. (Aug. 13, 1894, c. 282, § 8, 28 Stat. 280.) * § 3301. Rate of premium on bond; premiums not to be paid by United States—Until Otherwise provided by law no bond shall be accepted from any surety or bonding company for any Officer Or em- ployee of the United States which shall cost more than thirty-five per centum in excess of the rate of premium charged for a like bond during the Cal- endar year nineteen hundred and eight: ProVided, That hereafter the United States shall not pay any part of the premium or other cost of furnishing a bond required by law or otherwise of any officer or employee of the United States. (Aug. 5, 1909, c. 7, 36 Stat. 125.) TITLE XX—FLAG AND SEAL Sec. 3302. 3303. 3304. 3305. § 3302. Stripes and stars on flag—The flag Of the United States shall be thirteen horizontal Stripes, alternate red and white; and the union of the flag shall be thirty-seven stars, white in a blue field. (R. S. § 1791.) Stripes and stars on flag. Additional Stars. Seal of the United States. Same; custody and use of. § 3303. Additional stars—On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect On the fourth day of July then next succeed- ing Such admission. (R. S. § 1792.) § 3304. Seal of the United States—The seal heretofore, used by the United States in CongreSS as- Sembled is declared to be the Seal Of the United States. (R. S. § 1793.) § 3305. Same; custody and use of—The Sec- retary of State shall keep such seal, and shall make Out and record, and shall affix the same to, all civil Commissions for Officers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the Seal shall not be affixed to any Commission before the same has been signed by the President Of the United States, nor to any other instrument, With- Out the special warrant of the President therefor. (R. S. § 1794.) See, also, § 301. TITLE XXI-SEAT OF GOVERNMENT, INCLUDING THE PUBLIC BUILDINGS AND GROUNDS, Chap. Sec. A. Public Buildings and Grounds, Parks and Wharves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8306 B. Capitol Building and Grounds.................... 3370 PARKS AND RESERVATIONS Chapter A–Public Buildings see. Grounds, Parks and Wharves 3306. Permanent seat of Government. 3307. Public offices to be exercised at seat of Government. 3308. Chief of Engineers; charge of public buildings and grounds. - 3309. Estimates and appropriations. 3310. Employés in office of public buildings. 3311. Chief of Engineers; charge of Washington aqueduct. 3312. Same; obey President. 3313. Moneys for public works; expenditure. 3314. Mains or pipes; unauthorized opening. 3315. Same; malicious breaking. 3316. Same; laying for use of public buildings. 3317. Water in public buildings; shutting off. 3318. Maliciously making water impure. 3319. Chief of engineers; compensation. 3320. Same; apartments for. 3321. Same; record of property. 3322. Same; authority. Same; regulations for protection of Washington Aque- duct and Filtration Plant. 3323. Same; appeal to Secretary of War. 3324. Telegraph connecting public buildings; 3325. Same; use of lines. and supervision. 3326. Same; Sale of material or lines. 3327. Reports of Superintendent of Public Buildings and Grounds. -- 3328. State, War, and Navy building; Superintendent and commission for care and supervision. 3328a. Same; reapportionment of space. 3329. Same; duties of superintendent extended to annex buildings. 3329a. Same; duties of superintendent extended to buildings on Henry Park Reservation. 3329b. Same; duties of superintendent extended to buildings in certain parks. 3329c. Same; duties of superintendent extended to temporary office buildings. 3330. Restriction on expenditures for production of electricity. 3331. Lighting lamps in public grounds. Maximum rates for gas. 3332. Central heating, lighting, and power plants. Same; buildings supplied from. 3333. Limitation on contracts of Board of Public Works. 3334. Improper appropriation of streets. 3335. Permits for extensions of buildings beyond building line. 3336. Buildings on reservations, parks, or public grounds º without express authority of Congress. 3337. Laws of District extended to public buildings and grounds. - Watchmen; powers of police. 3339. Same; medical attendance. 3340. Report of warden of penitentiary. 3341. Furniture for President’s House. 3342. Ailantus trees prohibited. 3343. Trees, shrubs, and plants in green-houses and nursery. 3344. Use of public buildings for public ceremonies. 3345. Use of public grounds for playgrounds. United States. Chap. Sec. BB. Intoxicating Liquors in the District of Colum- bia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3421/4a Sec. 3346. Licenses for temporary, structures on reservations used as playgrounds. 3347. Licenses for boat-houses on banks of tidal reservoir. 3348. Advertisements and sales in or around Washington Monument. 3349. Fish ponds in Monument grounds. 3350. Jurisdiction over portion of B street transferred to Chief of Engineers. 3351. Jurisdiction over reservation, 185 transferred to Commis- sioners of District. . Street parking. 3353. Park system; control of Chief of Engineers. 3354. Buildings projecting beyond building line. 3355. Use of spaces or reservations for widening roadways. 3356. Transfers of jurisdiction between Chief of Engineers and Commissioners of District. 3357. Regulations for care of public grounds. 3358. Same; extended to sidewalks. Public spaces resulting from filling of canals, jurisdiction of Chief of Engineers. under 3359. Rock Creek Park; establishment. 3360. Same; control and regulations. 3361. Potomac Park; establishment. 3361a. Same; control of Chief of Engineers. 3361b. Same; restriction on construction of lagoon or speed- Way. * 3361c. Same; tidal basin bathing beach. 3362. Same; parkway Connecting With Zoological and Rock Creek Parks. - 3363. Small parks at certain street intersections. 3364. Wharf property; control by Commissioners of District. 3365. Same; regulation. 3366. Determination of harbor lines. 3367. Commission of Fine Arts. 3368. Same; limitation of annual expenditure. 3369. Same; secretary and executive officer. Public Buildings Commission. 3369b. Use of flag for advertising purposes; mutilation of flag. 3369c. Free tuition in schools for children of officers and men of Army and Navy. 3369d. Special instruction in schools to soldiers and sailors. § 3306. Permanent seat of Government—All that part of the territory of the United States includ- ed within the present limits of the District of Colum- bia shall be the permanent seat of GOVernment of the (R. S. § 1795.) § 3307. Public offices to be exercised at seat of Government—All Offices attached to the seat of Government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise ex- pressly provided by law. (R. S. § 1796.) Convening of Congress at another place, see § 33; re- moval of public offices to other places, see § 9180; ad- journment of courts to other places, see § 9181. - IPage 491] 2 3308 (Tit. 21. SEAT OF GOVERNMENT IPage 492] § 3308. Chief of Engineers; charge of public Thuildings and grounds—The Chief of Engineers shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, through the War Department, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the Said Chief of Engineers, or to the officer under his direction having immediate charge of said public bºuildings and grounds, that any person Or persons is in unlawful Occupation of any portion of said public lands in the District of Colum- bia, it shall be the duty of said officer in charge there- of to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon Cause the Said trespasser Or trespassers to be ejected from said lands, and shall restore possession of the same to the Officer charged by law with the custody thereof... (R. S. § 1797, amend- ed, April 28, 1902, c. 594, 32 Stat. 152.) § 3399. Estimates and appropriations—All eS- timates for public buildings and grounds in charge of the Chief of Engineers shall be approved and Sub- mitted by the Secretary of War, through the Treasury Department, as other estimates, to the two Houses Of Congress; and all appropriations which have been or may be hereafter made for repairs or improvements of the public buildings and grounds in the District of Columbia, and now in charge Of the Chief of Engi- neers, shall be expended under the direction of the Secretary of War. (R. S. § 1798.) - § 3310. Employés in office of public buildings —The Chief of Engineers in Charge of public build- ings and grounds is authorized to employ in his Office and about the public buildings and grounds under his control Such number of perSons for Such employ- ments, and at such rates Of compensation, as may be appropriated for by Copgress from year to year. (R. S. § 1799.) . $ 3311. Chief of Engineers; charge of Wash- ington aqueduct—The Chief of Engineers shall have the immediate superintendence of the Washington aqueduct, together with all rights, appurtenances, and fixtures connected with the same, and belonging to the United States, and of all other public works and improvements in the District Of Columbia in which the Government has an interest, and which are not otherwise specially provided for by law. (R. S. § 1800.) º - § 3312. Same; obey President—He shall Obey, in the discharge of the duties mentioned in the pre- ceding section, such regulations, pursuant to law, as may be prescribed by the President, through the De- partment of War. (R. S. § 1801.) $ 3313. TVIoneys for public works; expendi- ture—All moneys appropriated or hereafter appro- priated for the Washington Aqueduct, and for the other public works in the District of Columbia, not otherwise expressly provided for by law, shall be ex- pended under the direction of the Secretary of War. (R. S. § 1802.) - . - § 3314. IMains or pipes; unauthorized open- ing—No person, unless by consent of the Chief of Engineers in charge of the public buildings and works, shall tap or Open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than fifty nOr more than five hundred dol- lars. (R. S. § 1803.) i § 3315. Saxme; maligious breaking—Every per- son who maliciously breaks, injures, defaces, or de- stroys any main or pipe, bend, branch, valve, hydrant, service-pipe, or any other fixture used for the dis- tribution of water throughout the streets and avenues, or for its introduction into the houses, tenements, or buildings Of Washington and Georgetown, shall be punishable by imprisonment in the county jail for not more than two years. (R. S. § 1804.) § 3316. Same; laying for use of public build- ings—No greater number of main pipes of the Wash- ington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, Offices, and grounds with the necessary sup- ply of water. The cost of any main pipe, for the sup- ply of water to the inhabitants of Washington and Georgetown, must be paid by the District of Colum- bia, in the manner provided by law. (R. S. § 1805.) § 3317. Water in publie buildings; shutting off—All officers in charge of public buildings in the District of Columbia shall cause the flow of water in the buildings under their charge to be shut Off from five o’clock post meridian to eight o'clock ante merid- ian: Provided, That the water in said public build- ings is not necessarily in use for public business. (March 3, 1883, c. 143, 22 Stat. 615.) . § 3318. Maliciously making water impure— Every person who maliciously Commits any act by reason of which the supply of water, or any part thereof, to the cities of Washington and Georgetown, becomes impure, filthy, or unfit for use, shall be fined not less than five hundred nor more than One thou- Sand dollars, Or imprisoned at hard labor in the Dis- trict of Columbia not more than three years nor less than one year. (R. S. § 1806.) § 3319. Chief of Engineers; compensation— The Chief of Engineers shall receive no compensa- tion, other than his regular pay as an Officer of the Corps Of Engineers, for the services required of him under the provisions of this Title. (R. S. § 1807.) § 3320. Same; apartments for—He shall be furnished official apartments in one of the public buildings in the city of Washington, as may be di- rected by the President, and shall be supplied by the Government with the stationery, instruments, books, and furniture which may be required for the perform- ance of his duties. (R. S. § 1808.) - § 3321. Same; record of property—He shall keep in his office a complete record of all the lands and other property Connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. (R. S. § 1809.) § 3322. Same; authority—He and his neces- Sary assistants, are empowered - to use all lawful means for the discharge of their duties; and, partic- ularly, he shall have full control Over the Washington Aqueduct, to regulate the manner in which the au- thorities of the District of Columbia may tap the Supply of water to the inhabitants thereof; and he shall stop the same whenever it is found to be no more than adequate to the wants Of the public build- ings and grounds. (R. S. § 1810.) § 3322a. Same; regulations for protection of Washington Aqueduct and Filtration Plant—The Chief of Engineers of the War Department is author- ized and empowered to enforce the following regula- tions of traffic for the protection of the Washington Aqueduct and Filtration Plant and their accessories, including Conduit Road: No vehicle shall, on the Conduit Road, exceed a speed of twenty miles per hour within the District of Columbia, and in the State of Maryland the speed laws of that State. No reckless or careless driving shall be permitted, and drivers of all vehicles shall Conform to the generally accepted rules for the use of public roads as to pass- ing to the right, signaling desire to pass, and SO forth, and all vehicles using this road shall carry and dis- play the lights specified by municipal regulations for vehicles within the District of Columbia, and all such lights shall be so dimmed or masked as to obviate any blinding effect upon travelers On the road, and any violation of the above regulations shall Constitute an offense upon conviction for which the party or parties offending shall be punished by a fine of not less than $1 or more than $40. (Sept. 1, 1916, c. 433, § 1, 39 Stat. 693.) - § 3323. Same; appeal to Secretary of War— His decision on all questions concerning the Supply wº Ch.A) 3 3329b SEAT OF GOVERNMENT IPage 493I of water, as provided in the preceding section, shall be subject to appeal to the Secretary of War Only. (R. S. § 1811.) § 3324. Telegraph connecting public build- ings; supervision—That the lines of telegraph, Con- necting the Capitol with the various Departments in Washington, constructed under and by virtue of the act of Congress approved March third, eighteen hun- dred and seventy-three, entitled “An act making ap- propriations for sundry civil expenses of the Govern- ment for the fiscal year ending June thirtieth, eight- een hundred and seventy-four, and for other purpos- es,” be, and the same are hereby, placed under the Supervision of the officer in charge of the public build- ings and grounds; and that the said officer be au- thorized and empoweréd to make rules and regula- tions for the working of said lines. And the Secre- tary or Head of each Executive Department, and the Congressional Printer, are hereby authorized to de- tail One person from their present force of employees to operate the instruments in said Departments and printing Office, and each House of Congress may pro- wide for the employment of an operator in their re- spective Wings of the Capitol, at a Compensation not exceeding one hundred dollars per month, during the sessions Of Congress. (Feb. 4, 1874, c. 22, 18 Stat. 14.) § 3325. Same; use of lines—Said lilies of tele- graph shall be for the use only of Senators, Members of Congress, Judges of the United States Courts, and officers of Congress and of the Executive Departments, and solely on public business. (March 7, 1874, c. 50, 18 Stat. 20.) - § 3326. Same; sale of material or lines—Tele- graph to connect the Capitol with the departments and the Government Printing Office: * * The engineer in charge of public buildings and grounds is hereby authorized to sell any condemned material or lines not needed by the departments, and cover the proceeds in the Treasury. (March 3, 1879, c. 182, § 1, 20 Stat. 388.) - - § 3327. Reports of Superintendent of Public Buildings and Grounds—The Chief of Engineers shall, as Superintendent of Public Buildings and Grounds, and as Superintendent of the Washington Aqueduct, annually submit the following reports to the Secretary of War in time to accompany the an- nual message of the President to Congress, namely : First. A report of his operations for the preced- ing year, with an account of the manner in which all, appropriations for public buildings and grounds have been applied, including a statement of the number of public lots sold, or remaining unsold each year, of the condition of the public buildings and grounds, and of the measures necessary to be taken for the Care and preservation of all public property under his charge. Second. A report of the condition, progress, repairs, casualties, and expenditures of the Washington Aque- duct and other public works under his charge. (R. S. § 1812.) § 3328. State, War, and Navy building; Su- perintendent and commission for care and super- vision—The President is hereby authorized and di- rected to designate from the Engineer Corps of the Army or the Navy, an officer well qualified for the purpose, who shall be detailed to act as Superintend- ent of the completed portions of the State, War, and Navy Department building, under direction of the Sec- retaries of State, War, and Navy, who are hereby con- stituted a commission for the purposes Of the Care and supervision of said building, as hereinafter Speci- fied. Said officer shall have charge of said building, and all the engines, machinery, steam and Water Sup- ply, heating, lighting, and ventilating apparatus, ele- vators, and all other fixtures in said building, and all necessary repairs and alterations thereof, as Well as the direction and control of such force of engi- neers, watchmen, laborers, and others engaged about the building or the apparatus under his Supervision; Of the cleaning of the corridors and water closets; Of the approaches, sidewalks, lawns, court-yards, and areas Of the building, and of all rooms in the sub- basement Which contain the boilers and other ma- Chinery, or so much of Said rooms as may be indis- pensable to the proper performance of his duties as º provided. (March 3, 1883, c. 128, § 1, 22 Stat. § 3328a. Same; reapportionment of space— The Commission in charge, or a majority of the mem- bers thereof, may at any time reapportion space among the departments now occupying the State, War, and Navy Department Building if the same can be done With a reduction of the amount of floor space oc- Cupied by any branch of the public service in said building, the reduction or avoidance of public expense for rent of office or storage space for the Government, and the reduction of the number of watchmen re- quired for said building from forty to not more than thirty-eight: Provided further, That no arrangement Of Space made hereunder shall involve the ejectment from the building of any department or branch of the public Service now occupying the same: Provided fur- ther, That no room's vacated under any arrangement of Space hereunder shall be used for museum pur- poses. (May 10, 1916, c. 117, § 1, 39 Stat. 94.) § 3829. Same; duties of superintendent ex- tended to annex buildings—The superintendent of the State, War, and Navy building shall also act as Superintendent Of the Navy Department Annex, or Mills Building, and the State Department Annex build- ing. (May 22, 1908, c. 186, § 1, 35 Stat. 218.) § 3329a. Same; duties of superintendent ex- tended to buildings on Henry Park Reservation— War and Navy Department Buildings (Henry Park Reservation): * * - The Superintendent of the State, War, and Navy Department Buildings shall serve in a similar ca- pacity in connection with these buildings. (March 28, 1918, c. 28, § 1, 40 Stat.) § 3329b. Same; duties of superintendent ex- tended to buildings in eertain parks—For two three-story temporary Office buildings of reinforced Concrete with wings sixty feet wide, one for the Navy T}epartment to contain approximately nine hundred and forty thousand Square feet and One for the War Department to contain approximately eight hundred and thirty-five thousand square feet, to be erected under the direction of the Secretary of the Navy in POtOmac Park West Of Seventeenth Street and South of B street, beginning with the Navy Department Building at a point not less than two hundred and thirty-five feet west of the westerly curb line of Sey- enteenth Street and fifty feet south from the south- erly curb line of B Street and extending Southerly not more than six hundred and twenty feet from the said B street curb line and westerly to a point not beyond the easterly building line of Twenty-first Street. * * - For two three-story temporary Office buildings Of the type erected in Henry Park, one to be located in Seaton Park (north) between Four-and-a-half and Sixth Streets and SOUth Of MissOuri Avenue and to contain approximately three hundred and seventy thousand square feet and one to be located On the Mall between Seventh and Ninth Streets and B Street north and B street south and to contain approximate- ly three hundred thousand square feet, and for a three-story temporary office building of reinforced con- Crete to be located in Seaton Park (SOuth) between Four-and-a-half and Sixth Streets and north of Maine Avenue and to contain approximately two hun- dred and seventy thousand square feet. * * The maintenance and protection. Of all Of the fore- going temporary buildings when completed shall be under the Supervision and direction of the Superintend- ent of the State, War, and Navy Department Build- ings. (March 28, 1918, c. 28, § 1, 40 Stat.) ź 3329c (Tit, 21 SEAT OF GOVERNMENT IPage 494] § 3329c. Same; duties of superintendent ex- tended to temporary office buildings—The main- tenance and protection of the temporary office build- ing erected by the War Department between Eight- eenth and Nineteenth Streets and B Street and Vir- ginia Avenue northwest shall be under the supervi- Sion of the superintendent of the State, War, and Navy Department Building. (June 4, 1918, c. 92, 40 Stat.) § 3330. Restriction on expenditures for pro- duction of electricity—No appropriation heretofore Or hereafter mâde for the construction or equipment Of any executive or municipal building in the District Of Columbia shall be expended for the production of electricity for light or power, unless, in the judgment Of the Secretary of the Treasury, such necessary elec- ric Current for light and power can not be obtained at * cost. (March 4, 1907, c. 2918, § 9, 34 Stat. 1371. * § 3331. Lighting lamps in public grounds— Hereafter no greater sum shall be paid any company for lighting any gas Or electric lamp in the public grounds, or for installing or moving the same, than is paid by the District Of Columbia for similar Serv- ices, and no Contract shall be required to be entered into for lighting the public grounds. (March 4, 1911, c. 285, § 1, 36 Stat. 1404.) § 333la. Maximum rates for gas—Hereafter no part of any money appropriated by this or any oth- er Act shall be used for the payment to the Washing- ton Gas Tight Company or the Georgetown Gas Light Company for any gas furnished by said companies for use in any of the public buildings of the United States or the District of Columbia at a rate in excess of 70 cents per one thousand cubic feet. (Sept. 1, 1916, c. 433, § 6, 39 Stat. 716.) § 3332. Central heating, lighting, and power plants—The Secretary of the Treasury is authorized and directed to have constructed, under the direction of the Supervising Architect of the Treasury, upon, the land and wharf property of the United States hereinafter described, a central heating, lighting, and power plant, to furnish heat, light, and power for the buildings, old and new, of the Bureau of Engrav- ing and Printing, the buildings of the Department of Agriculture, the Treasury Building, the White House. and the buildings on the grounds thereof, the State, War, and Navy Building, the Winder Building, the Mills Building, the Court of Claims Building, the buildings, old and new, of the National Museum, the Smithsonian Institution Building, the Army Medical Museum Building, the Fish Commission Building, the Washington Monument, the District Building, the Post Office Department Building, and the buildings, When Constructed on the site heretofore acquired, for each of the Departments of State, Justice, and Commerce and Labor. - - The total limit of cost of such Central heating, light- ing, and power plant, including all necessary build- ings, boilers, engines, generators, pumps, machinery appliances and equipment, tunnels, ducts, and SO forth, is fixed at not to exceed the sum of $1,494,104, and the Secretary of the Treasury is authorized to enter into contracts to the full limit Of COSt hereby fixed. Authority is given for making a cross connection between the central heating, lighting, and power plant aforesaid and the Capitol power plant, so that either plant may supply to the other electric energy in Case of a breakdown Or Other emergency, Such COn- nection to be equipped with the necessary meters so that reimbursement may be made for the amount Of Current actually supplied by either of said plants to - the other. (June 23, 1913, c. 3, § 1, 38 Stat. 25.) § 3332a. Secretary of the Treasury is authorized, in his dis- Cretion, to include among the buildings to be sup- plied with heat, light, and power from the central heating, lighting, and power plant, the Pan American any Such Structure. Same; buildings supplied from—The Building, the building occupied by the Civil Service Commission, and the municipal fish market, and the limit of Cost of said central heating, lighting, and power plant is hereby increased in the sum of $68,000, Which amount is hereby appropriated: Provided, That the foregoing buildings shall not be included among the buildings to be supplied with heat, light, and pow- er, from the said power plant, if such inclusion shall. interfere in any way with the completion of the said plant at the earliest date possible. (June 12, 1917, c. 27, § 1, 40 Stat. 112.) . - $ 3333. Limitation on contracts of Board of Public Works—The Board of Public Works of said I}istrict are prohibited from incurring or contracting liabilities on behalf of the United States in the im- proVement Of Streets, avenues, and reservations be- yond the amount of appropriations previously made by Congress, and from entering into any contract touching Such improvements on behalf of the United States, except in pursuance of appropriations made by Congress. (R. S. § 1813.) (R. S. § 1817. Superseded.) This section provided that the electrical apparatus for lighting the hall of the House, the dome, the rotunda, and the old Hall of Representatives should be in charge of the chief engineer of the House of Representatives, sub- ject to the control and supervision of the Architect of the Capitol and the Chief of Engineers in charge of pub- lic buildings and grounds. It was superseded by the pro- visions of §§ 3374, 3377. § 3334. Improper appropriation of streets- The Secretary Of the Interior is directed to prevent the improper appropriation or occupation of any of the public streets, avenues, squares, or reservations. in the city of Washington, belonging to the United States, and to reclaim the same if unlawfully ap- propriated; and particularly to prevent the erection Of any permanent building upon any property reserv- ed to Or for the use of the United States, unless plain- ly authorized by act of Congress, and to report to Congress at the commencement of each session his proceedings in the premises, together with a full Statement of all such property, and how, and by what authority, the same is occupied or claimed. Nothing herein contained shall be construed to interfere with the temporary and proper occupation of any portion Of Such property, by lawful authority, for the legiti- mate purposes of the United States. (R. S. § 1818.) § 3335. Permits for extensions of buildings beyond building line—The action of the Commission- ers of the District of Columbia in heretofore grant- ing permits for the extension of any building or buildings, or any part or parts thereof, in the city of Washington, in the District of Columbia, beyond the building line, and upon the streets and avenues Of said city, is hereby ratified, without prejudice, however, to the legal rights Of the Government in the event of the destruction by fire, or otherwise, of And hereafter no such permits shall be granted except upon special application and with the concurrence of all of said Commissioners, and the approval of the Secretary of War. (March 3, 1891, c. 540, 26 Stat. 868.) § 3336. Buildings on reservations, parks, or public grounds without express authority of Congress—Hereafter there shall not be erected on any reservation, park, Or public grounds, of the United States within the District of Columbia, any building or structure without express authority of Congress. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 444.) § 3337. Laws of District extended to public Tbuildings and grounds—The provisions of the sev- eral laws and regulations within the District of Co- lumbia for the protection of public or private proper- ty and the preservation of peace and order be, and the same are hereby, extended to all public buildings and public grounds belonging to the United States within the District of Columbia. And any person guilty of disorderly and unlawful conduct in or about the same, Or who shall Willfully injure the buildings Ch. A) 2 3353 SEAT OF GOVERNMENT [Page 495] or shrubs, or shall pull down, impair, or otherwise injure any fence, Wall, or other inclosure, or shall injure any sink, Culvert, pipe, hydrant, Cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the TJnited States in the District of Columbia, shall, up- on conviction thereof, be fined not more than fifty dollars. (July 29, 1892, c. 320, § 15, 27 Stat. 325.) § 3338. Watchmen; powers of police—Here- after all watchmen provided for by the United States Government for service in any of the public squares and reservations in the District Of Columbia shall have and perform the same powers and duties as the Metropolitan Police of said District. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 243.) $ 3339. Same; medieal attendance—The park watchmen now provided for under the above heading Of public buildings and grounds, and those that may hereafter be provided for by law for service in any Of the public squares and reservations in the District Of Columbia, shall receive free medical attendance, the Same as the Metropolitan Police of said District. (April 28, 1902, c. 594, 32 Stat. 152.) § 3340. Report of warden of penitentiary— The Warden of the penitentiary of the United States for the District of Columbia shall make to the Secre- tary Of the Interior, annually, in time to accompany the annual message of the President to Congress, a report of his operations during the preceding year, and Of the manner in which all appropriations have been applied. (R. S. § 1828.) & § 3341. Furniture for President’s House–All furniture purchased for the use of the President's House Shall be, as far as practicable, of domestic manufacture. (R. S. § 1829.) $ 3342. Ailantus trees prohibited—No more ail- antus trees shall be purchased for or planted in the public grounds. (R. S. § 1830.) § 3343. Trees, shrubs, and plants, in green- houses and nursery—Buildings and grounds in and around Washington. * * Hereafter only such trees, Shrubs, and plants shall be propagated at the green- houses and nursery as are suitable for planting in the public reservations, to which purpose only the said productions of the greenhouses and nursery shall be applied. (June 20, 1878, c. 359, § 1, 20 Stat. 220.) § 3344. Use of public buildings for public cer- emonies—That hereafter no public building, or the approaches thereto, other than the Capitol building and the White House, in the District of Columbia, shall be used or Occupied in any manner whatever in Connection with ceremonies attending the inauguration of President of the United States, or other public func- tion, except as may hereafter be expressly authorized by law. (April 28, 1902, c. 594, 32 Stat. 152.) $ 3345. Use of public grounds for playgrounds —The officer in charge of public buildings and grounds may hereafter authorize the temporary use of the Monument Grounds or ground south of the Executive Mansion or other reservations in the District of Co- lumbia for playgrounds for children and adults, un- der regulations to be prescribed by him. (March 3, 1903, c. 1007, 32 Stat. 1122.) § 3346. Licenses for temporary structures on reservations used as playgrounds—The Officer in Charge of public buildings and grounds is authorized to grant licenses, revocable by him, without compensa- tion, to erect temporary structures upon reservations USed as Children’s playgrounds, under such regulations #;" may impose. (May 27, 1908, c. 200, § 1, 35 Stat. § 3347. Licenses for boat-houses on banks of tidal reservoir—Licenses may be granted for the erection of boat-houses along the banks of the tidal reservoir on the Potomac River fronting Potomac Park, under regulations to be prescribed by the Chief of Engineers, and that all such licenses granted under this authority shall be revocable, without compensa- tion, by the Secretary of War. (May 27, 1908, c. 200, § 1, 35 Stat. 355.) $ 3348. Advertisements and sales in or around Washington Monument—Washington Monument: For the care and maintenance of the Washington Mon- ument * * : Provided, That hereafter no advertise- ment Of any kind shall be displayed and no articles Of any kind shall be sold in or around the Monument, except upon the written authority of the Secretary of War. (March 4, 1909, c. 299, § 1, 35 Stat. 997.) § 3349. Fish ponds in Monument grounds— For the care of the fish ponds in the Monument grounds, the ground around them and the buildings upon the same, during the fiscal year ending June thir- tieth, nineteen hundred and seven. * * : Provided, That when said ponds, ground, and buildings, are abandoned by the Bureau of Fisheries, the officer in charge of public buildings and grounds is authorized to assume control of them and of any balance of the Sum hereby appropriated that may remain unexpend- ed at the date of said transfer. (June 30, 1906, c. 3912, § 1, 34 Stat. 659.) § 3350. Jurisdiction over portion of B street transferred to Chief of Engineers—The jurisdic- tion Over that portion of B Street West of Virginia ave- nue, now under the control of the Commissioners of the District of Columbia, is hereby transferred to the Chief of Engineers, United States Army. (May 27, 1908, c. 200, § 1, 35 Stat. 356.) § 3351. Jurisdiction over reservation 185 transferred to Commissioners of District—The Chief of Engineers of the United States Army is here- by authorized and directed to transfer to the Commis- sioners of the District of Columbia the control and jurisdiction over reservation one hundred and eighty- five, to be used by said District as a property yard: Provided, That when in the judgment of the Chief of Engineers of the United States Army the use of Said reservation for park purposes is desirable, the Com- missioners of the District of Columbia, upon his re- quest, are authorized and directed to retransfer said reservation to his jurisdiction. (May 18, 1910, c. 248, 36 Stat. 383.) § 3352. Street parking—The jurisdiction and Control of the street parking in the StreetS and ave- nues Of the District of Columbia is hereby transferred to and wested in the Commissioners of the District of Columbia. (July 1, 1898, c. 543, § 1, 30 Stat. 570.) § 3353. Park system; control of Chief of En- gineers—The park System of the District Of Colum- bia is hereby placed under the exclusive Charge and control of the Chief Of Engineers of the United States Army, under such regulations as may be prescribed by the President of the United States, through the Secretary of War. The said park system shall be held to comprise: (a) All public spaces laid down as reservations on the map of eighteen hundred and ninety-four accom- panying the annual report for eighteen hundred and ninety-four of the officer in charge of public build- ings and grounds: - (b) All portions of the Space in the Streets and ave- nues of the said District, after the same shall have been set aside by the Commissioners of the District of Columbia for park purposes. Provided, That no areas less than two hundred and fifty square feet between sidewalk lines shall be in- cluded Within the said park system, and no improve- ments shall be made in unimproved public spaces in streets between building lines or building lines pro- longed until the outlines of such portions as are to be improved as parks shall have been laid out by the Commissioners of the District of Collimbia: And provided further, That the Chief of Engineers is au- thorized temporarily to turn over the care of any of the parking Spaces included in Classes (a) and (b) above, to private owners of adjoining lands under such regulations as he may prescribe and with the condi- tion that the said private owners shall pay special as, 3 3354 (Tit. 21 SEAT OF GOVERNMENT [Page 496] sessments for improvements contiguous to such park- ing, under the same regulations as are or may be pre- scribed for private lands: And provided further, That wherein any portion of a street more than one- half of the front is Occupied and used for busineSS purposes, the Commissioners are authorized and di- rected to denominate such portion of the Street as a business Street and shall authorize the use for business purposes by abutting property owners of so much of the sidewalk and parking as may not be needed, in the judgment of the said Commissioners, by the general public, under such general regulations as the Said Commissioners may prescribe. (July 1, 1898, C. 543, § 2, 30 Stat. 570, amended, April 14, 1906, c. 1622, 34 Stat. 112.) e § 3354. Buildings projecting beyond building line—This Act shall not affect in any manner the pro- visions in the Act of March third, eighteen hundred and ninety-one, entitled “An Act making appropria- tions to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for prior years, and for Other pur- poses,” that no permits for projections beyond the building line on the streets and avenues of the city of Washington shall be granted except upon Special ap- plication and with the concurrence of all said Commis- sioners and the approval of the Secretary Of War; and the operation of said provision is hereby extended to the entire District of Columbia. (July 1, 1898, C. 543, § 3, 30 Stat. 570.) ‘. - § 3355. Use of spaces or reservations for vvid- eming roadways—When, in the judgment of the Com- missioners of the District of Columbia, the public ne- cessity or convenience requires them to enter upon any of the spaces or reservations under the jurisdic- tion of the Chief of Engineers, for the purpose of widening the roadway of any street Or avenue adja- cent thereto or to establish sidewalks along the Same, the Chief of Engineers, with the, approval of the Sec- retary of War, is authorized to grant the necessary permission upon the application of the Commissioners. (July 1, 1898, c. 543, § 4, 30 Stat. 570.) § 3356. Transfers of jurisdiction |between Chief of Engineers and Commissioners of Dis- trict—when in accordance with law or mutual legal agreement, spaces or portions of public land are trans- ferred from the jurisdiction of the Chief of Engineers of the United States Army, as established by this Act to that of the Commissioners of the District of Colum- bia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient author: ity for the necessary change in the official maps and for record when necessary. (July 1, 1898, c. 548, § 5, 30 Stat. 570.) º § 3.357. Regulations for care of public grounds—The said Chief of Engineers and the said Commissioners are hereby authorized to make all needful rules and regulations for the government and proper care of all the public grounds placed by this Act under their respective charge and Control; and to annex to such rules and regulations such reason- able penalties as will secure their enforcement. (July 1, 1898, c. 543, § 6, 30 Stat. 571.) § 3358. Same; extended to sidewalks—The ap- plication of the rules and regulations heretofore pre- scribed or that may be hereafter prescribed by the Chief of Engineers, United States Army, under the all- thority granted by section six of an Act Of Congress approved July first, eighteen hundred and ninety- eight, for the government and proper care of all pub- lic grounds placed by that Act under the charge and control of the said Chief of Engineers, is hereby, ex- tended to cover the sidewalks around the public grounds and the carriageways of such streets as lie between and separate the said public grounds. (March 4, 1909, c. 299, § 1, 35 Stat. 994.) § 3358a. Public spaces resulting from filling of canals under jurisdiction of Chief of Engi- neers—All public spaces resulting from the filling Of canals in the Original city of Washington not now un- der the jurisdiction of the Chief of Engineers of the United States Army, except such portions as are in- cluded in the navy yard or in actual use as roadways and side Walks, and except the portions assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station, respectively, are placed under the jurisdiction of the Chief of Engineers of the United States Army and Shall be laid out as reservations as a part of the park System of the District of Columbia. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 633.) § 3359. Rock Creek Park; establishment—A tract of land lying on both sides of Rock Creek, be- ginning at Klingle Ford Bridge, and running north- Wardly, following the course of said Creek, of a width Inot less at any point than six hundred feet, nor more than twelve hundred feet, including the bed of the Creek, Of which not less than two hundred feet shall be on either side of said creek, south of Broad Branch road and Blagden Mill road and of such greater width Inorth Of Said roads as the Commissioners designated in this act may select, shall be secured, as herein- after Set Out, and be perpetually dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States, to be known by the name of Rock Creek Park; Provided, however, That the whole tract so to be se- lected and condemned under the provisions of this act Shall not exceed two thousand acres nor the total COst thereof exceed the amount of money herein ap- propriated. (Sept. 27, 1890, c. 1001, § 1, 26 Stat. 492.) $ 3360. Same; control and regulations—The public park authorized and established by this act Shall be under the joint control Of the Commissioners Of the District of Columbia and the Chief of Engi- neers of the United States Army, whose duty it shall be, as SOon as practicable, to lay out and prepare road- Ways and bridle paths, to be used for driving and for horseback riding, respectively, and footWays for pe- destrians; and whose duty it shall also be to make and publish such regulations as they deem necessary and proper for the care and management of the same. Such regulations shall provide for the preservation from injury or Spoliation of all timber, animals, or curiosities within said park, and their retention in their natural Condition, as nearly as possible. (Sept. 27, 1890, c. 1001, § 7, 26 Stat. 495.) $ 3361. Potomac Park; establishment—The entire area formerly known as the Potomac Flats and now being reclaimed, together with the tidal reser- Voirs, be, and the same are hereby, made and declared a public park, under the name of the Potomac Park, and to be forever held and used as a park for the recreation and pleasure of the people. (March 3, 1897, c. 375, 29 Stat. 624.) § 3361a. Same; eontrol of Chief of Engineers —Potomac Park is made a part of the park system of the District of Columbia under the exclusive charge and control Of the Chief Of Engineers Of the United States Army, and subject to the provisions of sec- tion six of the Act approved July first, eighteen hun- dred and ninety-eight (Statutes at Large, Volume thir- ty, page five hundred and Seventy). (Aug. 1, 1914, C. 223, § 1, 38 Stat. 634.) $ 3361b. Samme; restriction on construction of lagoom or speedway—NO part Of any money appro- priated in this or any other Act shall be expended for or toward the construction of any lagoon, or other artificial body of Water, or speedway, On any portion Of Potomac Park in the District Of Columbia unless specifically authorized by Congress. (Aug. 1, 1914. c. 223, § 1, 38 Stat. 634.) - $ 3361c. Same; tidal basin bathing beach– The Chief of Engineers of the United States Army is authorized and directed to establish and maintain at a suitable place upon the shore of the Tidal Basin, in Potomac Park, a public bathhouse, With the nec- Ch. A) # 3867 SEAT OF GOVERNMENT 3. [Page 497] essary equipment, with a sloping sandy beach in the Tidal Basin, and to install a proper equipment to pu-º rify the, Water entering the basin so that it will not endanger the health of those bathing in it. The di- rection and control of said public bathing facilities shall be vested in the Chief of Engineers of the Unit- ed States Army, who shall prescribe such regulations for their use as may be necessary to insure the great- est benefit to the public: Provided, That no charge Shall be made for the USe Of the bathhouse Or beach, except that uniform fees may be collected for the hire of bathing suits, soap, towels, and such other Con- veniences as may be provided upon the request of per- Sons desiring to use them. To enable the Chief of Engineers to begin construction of the bathhouse, beach, and purification plant herein provided for, $35,- 000, to be immediately available; and the limit of COSt Of Such construction shall not exceed that amount. (June 12, 1917, c. 27, § 1, 40 Stat. 133.) $ 3362. Same; parkway connecting with Zoo- logical and Rock Creek Parks—For the purpose of preventing the pollution and obstruction of Rock Creek and of connecting Potomac Park with the Zoological Park and Rock Creek Park, a commission, to be Com- posed of the Secretary of the Treasury, the Secretary of War, and the Secretary of Agriculture, is hereby authorized and directed to acquire, by purchase, con- demnation, or otherwise, such land and premises as are not now the property of the United States in the District of Columbia shown. On the map on file in the office of the Engineer Commissioner of the District of Columbia, dated May seventeenth, nineteen hundred and eleven, and lying on both sides of Rock Creek, in- cluding such portion of the Creek bed as may be in private ownership, between the Zoological Park and Potomac Park; and the sum of $1,300,000 is hereby authorized to be expended toward the requirement of such land. That all lands now belonging to the Unit- ed States Or to the District of Columbia lying within the exterior boundaries of the land to be acquired by this act as shown and designated on Said map are hereby appropriated to and made a part Of the park- way herein authorized to be acquired. One-half of the cost Of the said lands shall be reimbursed to the Treasury of the United States Out of the revenues of the District of Columbia in eight equal annual in- stallments, With interest at the rate Of three per Centum per annum, upon the deferred payments. (March 4, 1913, c. 147, § 22, 37 Stat. 885.) $ 3363. Small parks at certain street inter- sections—For the condemnation of Small park areas at the interSections Of Streets Outside the limits of the Original city of Washington, to be acquired from such areas shown on the map on file showing areas Sur- rounded by Streets in the office of the engineer Com- missioner, in the discretion of the Commissioners of the District of Columbia, $25,000: * * The public parks SO acquired shall become a part of the park System of the District Of Columbia and be under the Control of the Chief of Engineers Of the United States Army. (March 4, 1913, c. 150, § 1, 37 Stat. 971, amend- ed, Aug. 1, 1914, c. 223, § 1, 38 Stat. 625.) $ 3364. Wharf property; control by Commis- sioners of District—With the exceptions hereinafter provided, the Commissioners of the District of Colum- bia shall have exclusive charge and Control Of all wharf property belonging to the United States or to the District of Columbia. Within said District, includ- ing all the wharves, piers, bulkheads, and structures thereon and waters adjacent thereto within the pier lines, and all slips, basins, docks, Water fronts, land under water, and structures thereon, and the appur- tenances, easements, uses, reversions, and rights be- longing thereto, which are now owned or possessed by the United States or the District of Columbia, or to which they or either of them is or may become enti- tled, or which they or either of them may acquire un- COMP.ST.’18—32 hundred feet wide. der the provisions hereof or otherwise; and said Com- missioners of the District of Columbia shall have eX- clusive charge and control Of the repairing, building, rebuilding, maintaining, altering, Strengthening, leas- ing, and protecting said property and every part thereof, and all the cleaning, dredging, and deepening necessary in and about the same Within the pier lines. Said Commissioners are also hereby authorized and empowered to make all needful rules and regulations for the government and Control Of all Wharves, piers, bulkheads, and structures thereon, and Waters adja- cent thereto within the pier lines, and all the basins, slips, and docks, with the land under water, in said District not owned by the United States or the District of Columbia : Provided, That the following described property shall be placed under the immediate juris- diction and control Of the Chief Of Engineers Of the United States: The banks of the Potomac River from the north line of the Arsenal Grounds to the South- ern curb line of N Street south ; also five hundred linear feet of shore line in the Flushing Reservoir at the foot of Seventeenth Street, West, and west from the Western Curb of said street, including a levee one (March 3, 1899, c. 458, § 1, 30 Stat. 1377.) § 3365. Same; regulation—Said Commissioners and the Chief of Engineers of the United States Army are hereby authorized and empowered to make all needful rules and regulations for the government and proper Care of all the property placed in their Charge and under their respective control by the provisions Of Section one of this Act and to annex such reason- able penalties to said rules and regulations as will se- Cure their enforcement ; and also to make and en- force rules and regulations in regard to building and repairing wharves, the rental thereof, and the rate Of wharfage. All rents so collected shall be COvered into the Treasury of the United States, one-half to be placed to the Credit Of the United States and One- half to the Credit Of the District Of Columbia. No lease made under the provisions of this Act shall eX- tend ºbeyond the period of ten years. - The Secretary of War is authorized to grant permis- SiOn to the Department Of Agriculture for the tem- porary Occupation of Such area. Or areas of Poto-inac Park, not exceeding a total Of Seventy-five &cres in ex- tent, as may not be needed in any One Season for the reclamation or park improvement, the said areas to be used by the Department of Agriculture as testing grounds: Provided, That nothing herein contained Shall be construed to Change the essential Character Of the lands so used, which lands shall Continue to be a public park, as provided in the Act of Congress approved March third, eighteen hundred and ninety- Seven : And provided further, That Said area. Or areas shall be vacated by the Department Of Agriculture at the close of any season upon the request of the Secrè- tary of War: And provided further, That the entire park shall remain under the charge of the Secretary of War. (March 3, 1899, c. 458, § 2, 30 Stat. 1378.) § 3.366. Determination of harbor lines—The harbor lines of the District of Columbia shall be de- termined by the Chief of Engineers, United States Army, and the Commissioners of the District of CO- lumbia, subject to the approval of the Secretary of War. (March 3, 1899, c. 458, § 3, 30 Stat. 1378.) § 3.367. Commission of Fine Arts-A permanent Commission of Fine Arts is hereby created to be com- posed of seven well-qualified judges of the fine arts, who shall be appointed by the President, and shall serve for a period of four years each, and until their successors are appointed and qualified. The Presi- dent shall have authority to fill all vacancies. It shall be the duty of such commission to advise upon the 10- cation of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for Statues, & 8368 (Tit. 21 SEAT OF GOVERNMENT [Page 498I fountains, and monuments erected under the author- ity of the United States and upon the selection of ar- tists for the execution of the same. It shall be the duty of the officers charged by law to determine such questions in each case to call for such advice. The foregoing provisions of this Act shall not apply to the Capitol building of the United States and the building of the Library of Congress. The commis- sion shall also advise generally upon questions of art when required to do SO by the President, or by any committee of either House of Congress. Said COm- mission shall have a secretary and such other assist- ance as the Commission may authorize, and the mem- bers of the commission shall each be paid actual ex- penses in going to and returning from Washington to attend the meetings Of Said commission and While at- tºns the same. (May 17. 1910, c. 243, § 1, 36 Stat. 71.) - $ 3368. Same; limitation of annual expendi- ture—To meet the expenses made necessary by this Act an expenditure of not exceeding ten thousand dol- lars a year is hereby authorized. (May 17, 1910, C. 243, § 2, 36 Stat. 371.) § 3369. Same; secretary and executive officer —To meet the expenses made necessary by the Act approved May seventeenth, nineteen hundred and ten, entitled “An Act establishing a Commission of Fine Arts,” to be disbursed by the Officer in charge of pub- lic buildings and grounds, on vouchers approved by the commission, who shall be the Secretary and shall act as the executive Officer of said Commission, ten thousand dollars. (June 25, 1910, c. 384, § 1, 36 Stat. 728.) - $ 3369a. Public Buildings Commission—With a view to ultimately providing permanent quarters for all the governmental activities in the District of Co- lumbia in buildings owned by the Government, a COm- mission is created to be composed of the chairman of the Committee on Appropriations of the Senate and two other members of Said Committee, to be appointed by said chairman, the chairman of the Committee on Public Buildings and Grounds of the Senate and two Other members of Said committee, to be appointed by Said Chairman, the chairman of the Committee On Ap- propriations Of the House of Representatives and two Other members of said committee, to be appointed by said chairman, the chairman of the Committee on Public Buildings and Grounds of the House of Rep- resentatives and two Other members Of Said Commit:- tee, to be appointed by said chairman, all of whom Shall Serve thereon Only so long as they are members Of Congress, and the Superintendent of the Capitol Building and Grounds, the officer in charge of public buildings and grounds, and the Supervising Architect Or the Acting Supervising Architect of the Treasury during any vacancy in said office. The said Commission shall elect one of its members as Chairman of the commission and is authorized to employ Such expert clerical or other services as it may deem necessary, and shall avail itself of the ad- vice Of the Commission of Fine Arts. The said COmmission shall investigate and ascer- tain what public buildings are needed in the District of Columbia to provide suitable and adequate accommo- dations, With allowances for future expansion, for all of the offices, establishments, and public services of the Government in the District of Columbia, the prop- er location of such buildings, the probable cost there- Of, and the probable cost of such new sites as they may deem it necessary for the Government to acquire. Any vacancies in Said Commission shall be filled in the same manner as the Original appointments were made. For expenses of said commission, $10,000, to re- main available until expended and to be paid out on VOuchers signed by the chairman of said commission. Said commission shall make final report to Congress not later than January first, nineteen hundred and eighteen. (July 1, 1916, c. 209, § 1, 39 Stat. 328.) § 3369p. Use of flag for advertising purposes; *mutilation of flag—Hereafter any person who, with- in the District of Columbia, in any manner, for ex- hibition or display, shall place or cause to be placed any Word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, stand- ard, Colors or ensign of the United States of America ; Or shall expose or cause to be exposed to public view any Such flag, Standard, colors Or ensign upon which shall have been printed, painted Or Otherwise placed, Or to which shall be attached, appended, affixed Or annexed any word, figure, mark, picture, design Or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale or to public view or give away or have in possession for sale or to be given away or for use for any purpose, any article or Substance being an article of merchandise, or a receptacle for mer- chandise Or article or thing for Carrying Or trans- porting merchandise, upon which shall have been print- ed, painted, attached or otherwise placed a represen- tation of any such flag, standard, Colors or ensign, to advertise, call attention to, decorate, mark or distin- guish the article or substance on which so placed ; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors or ensign, shall be deemed guilty Of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words “flag, standard, Colors, Or ensign,” as used herein, shall include any flag, standard, colors, ensign or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors Or ensign of the United States of America. Or a pic- ture or a representation. Of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, Or of any part or parts of either, by Which the average person seeing the same without deliberation may believe the same to repre- sent the flag, colors, standard or ensign Of the United States of America. (Feb. 8, 1917, c. 34, 39 Stat. 900.) $ 3369c. Free tuition in schools for children of officers and men of Army and Navy—The chil- dren. Of Officers and men. Of the United States Army and Navy stationed Outside Of the District of Colum- bia shall be admitted to the public schools without payment of tuition. (March 3, 1917, c. 160, § 1, 39 Stat. 1026.) $ 3369d. Special instruction in schools to sol- diers and sailors—Soldiers and sailors of the United States not residents Of the District Of Columbia who are on duty at stations adjacent to the District of Columbia shall be admitted for Special instruction to the day schools and night schools of the District of Columbia without payment of tuition. (March 28, 1918, c. 28, § 1, 40 Stat.) Chapter B–Capitol Building and Sec. Grounds 3370. Superintendent. 3371. Same; chief clerk to act in case of absence, disability, or vacancy in office. 3372. Same; disbursing clerk of Interior Department to act as disbursing clerk of. 3373. Same; repairs of Capitol. 3374. Same; care and superintendence of Capitol. 3375. Superintendent of meters to report consumption of gas. 3376. Ventilating and heating House of Representatives. ' 3377. Lººs, heating, and ventilating House of Representa- iVeS. 3378. Heating and ventilating Senate wing. 3379. Furniture for House of Representatives. 3380. Transfer of discontinued apparatus to other branches. 3380a. Unused documents and Patent Office models removed from Capitol. 3381. Estimates for improvements in grounds. 3382. Care and control of buildings and land acquired for en- largement of grounds. Ch. B) 2 3380 SEAT OF GOVERNMENT [Page 499] Sec. 3383. House Office Building; control, supervision, and care. 3384. Same; Speaker as member of Commission. Capitol power plant. . National statuary hall. . Private Art exhibits, in Capitol. . . Same. . Same. . Works of fine arts. . Sale of intoxicating liquors in Capitol. . Laws of District extended to Capitol Square. 3393. Protection of buildings and property. 3394. Capitol grounds; public use. 3395. Same; obstruction of roads. 3396. Same; offer of articles for sale; signs. 3397. Same; injuries to. 3398. Same; fire-arms or fire-works; harangues or orations. 3399. Same; parades or assemblages; display of flags. 3400. Same; prosecution and punishment of offenses. Same; arrests. . Same; Capitol employés to aid in enforcement of act. 3403. Same; suspending regulations. 3404. Same; Suspending regulations; SIOIl. Capitol police commis- 3405. Same; concerts on grounds. 3406. Capitol police; appointment. 3407. Same; appointment. 3408. Same; number and pay. 3409. Same; suspension of members. 3410. Same; pay of members under suspension. 3411. Same; uniform. 3412. Same; uniform; at whose expense. 3413. Same; wearing uniform on duty. . Same; to police building and grounds. 3415. Same; to protect grounds. Same; Supervision of Botanical Garden. . Superintendent, etc., of Botanical Garden houses. - 3418. Annual statement of public property. 3419. Inventory of public property. 3420. Two last sections as applying to Library of Congress. 3421. Extra pay. § 3370. Superintendent—Hereafter the office of Architect Of the Capitol shall be designated as Super- intendent of the Capitol Building and Grounds, and the Superintendent of the Capitol Building and Grounds shall hereafter exercise all the power and all- thority heretofore exercised by the Architect of the Capitol, and he shall be appointed by the President; Provided, That no change in the architectural fea- tures of the Capitol building or in the landscape fea- tures of the Capitol grounds shall be made except on plans to be approved by Congress. (Feb. 14, 1902, c. 17, 32 Stat. 20.) • Current appropriation for employés under superintend- ent, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1074, 1106. $ 3371. Same; chief clerk to act in case of absence, disability, or vacancy in office—Hereafter in case of the absence or disability of the [Architect of the United States Capitol, the chief clerk to the [Architect] shall have full power and authority to do and perform all the acts which the [Architect of the TJnited States Capitol] might himself do, and in Case of a vacancy the chief clerk shall perform the duties Of the [Architect] until the Vacancy shall be filled a C- cording to law. (July 7, 1898, c. 571, § 1, 30 Stat. 672.) Text in brackets superseded by § 3370. $ 3372. Same; disbursing clerk of Interior Department to act as disbursing clerk of—Here- after the disbursing clerk of the Department of the Interior is hereby required to act as disbursing clerk Of the [Architect of the Capitol, and to disburse all moneys appropriated for the United States Capitol ex- tension and improvement Of the groundS, and to re- ceive an annual Compensation. Of One thousand dol- lars, to be paid out of said appropriation. (March 3, 1879, c. 182, § 1, 20 Stat. 391.) Text in brackets superseded by § 3370. $ 3373. Same; repairs of Capitol—All improve- ments, alterations, additions, and repairs of the Cap- itol building shall hereafter be made by the direction and Under the SuperVision. Of the [Architect Of the Capitol Extension,] and the same shall be paid for by the Secretary of the Interior out of the appropria- tions for such extension, and from no other appropria- tion ; and no furniture or carpets for either House shall hereafter be purchased without the written order Of the Chairman of the Committee to Audit and Con- trol the Contingent Expenses of the Senate, for the 49 and green- Senate, or without the written order of the chairman of the Committee on Accounts of the House of Repre- sentatives, for the House. (R. S. § 1816.) Text in brackets superseded by § 3370. $ 3374. Same; care and superintendence of capitol—The [Architect of the Capitol] shall have the Care and superintendence of the Capitol, including lighting, and shall submit through the Secretary of the Interior estimates thereof. And Provided further, That all the duties relative to the Capitol building heretofore performed by the Commissioner of public buildings and grounds, shall hereafter be performed by the [Architect of the Capitol], whose office shall be in the Capitol building. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 147.) Text in brackets superseded by § 3370. $ 3375. Superintendent of meters to report consumption of gas—The Superintendent of meters at the Capitol shall hereafter take the statement of the meters Of the several Department buildings in the City of Washington, and render to the proper account- ing officers of the Treasury Department the consump- tion of gas each month in said buildings respectively. (July 31, 1876, c. 246, 19 Stat. 115.) $ 3376. Ventilating and heating House of IRepresentatives—That hereafter the subject of ven- tilation and heating the House of Representatives be placed under the direction of the [Architect Of the Capitol.] (March 3, 1877, c. 105, 19 Stat. 348.) Text in brackets superseded by § 3370. § 3377. Lighting, heating, and ventilatiºng House of Representatives—Hereafter the electri- Cian, together with everything pertaining to the elec- trical machinery and apparatus, and all laborers and Others Connected with the lighting, heating and ven- tilating the House, shall be subject exclusively to the orders, and in all respects under the direction, of the [Architect of the Capitol], subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilat- ing the House shall be subject to the orders, and in all respects under the direction, of the [Architect of the Capitol], subject to the control of the Speaker; and no removal Or appointment shall be made except with his approval. (March 3, 1881, c. 130, § 1, 21 Stat. 388.) Text in brackets superseded by § 3370. $ 3378. Heating and ventilating Senate wing —All engineers and others who are engaged in heat- ing and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects un- der the direction of the [Architect of the Capitol], subject to the approval of the Senate Committee on Rules. (July 11, 1888, c. 615, § 1, 25 Stat. 258.) Text in brackets superseded by § 3370. § 3379. Furniture for House of Representa- tives—Hereafter the Superintendent Of the Capitol Building and Grounds shall Supervise and direct the care and repair of all furniture in the Hall, cloak- rooms, lobby, committee rooms, and Offices of the House, and all furniture hereafter required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Superin- tendent. (April 28, 1902, c. 594, 32 Stat. 125.) $ 3380. Transfer of discontinued apparatus to other branches—Hereafter the Superintendent of the Capitol Building and Grounds may transfer ap- paratus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to Such other branches Of the service of the United States, or District of Columbia, whenever, with the approval of the Secretary of the Interior, in his judg- ment the interests Of the GOvernment Service may require it. A detailed statement of all such trans- fers shall be submitted in the annual report to Con- gress of the Superintendent of the Capitol Building and Grounds. (June 26, 1912, c. 182, § 11, 37 Stat. 184.) # 3380a (Tit.21 SEAT OF GOVERNMENT [Page 500] - § 3380a. Unused documents and Patent Office models removed from Capitol—The Superintendent of the Capitol Building and Grounds is hereby au- thorized and directed to remove any unused docu- ments and material now in the Capitol Building Or Senate and House Office Buildings, and the Patent Office models now stored in the Senate and House Office Buildings, to some building or buildings located On Reservation Numbered Thirteen, in the District of Columbia, and the Superintendent of the Capitol Building and Grounds is hereby made the custodian Of the building or buildings so selected. (July 16, 1914, c. 141, § 1, 38 Stat. 458.) - § 3.381. Estimates for improvements in grounds—For improving the Capitol grounds: * *. and hereafter all changes and improvements in the grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same. (March 3, 1883, c. 143, 22 Stat. 621.) § 3382. Care and control of buildings and land acquired for enlargement of grounds-En- larging the Capitol Grounds: The Secretary of the Interior is hereby authorized, until their removal be-, comes necessary, to rent for Such periods and under Such terms and COnditions as he may deem proper, any building or buildings, or vacant land, that may be acquired under the provisions of the sundry civil. Acts of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes, page seven hundred and thirty- eight), and March fourth, nineteen hundred and eleven (Thirty-sixth Statutes, page fourteen hundred and fourteen), or Subsequent Acts, for the enlargement Of the Capitol Grounds, the proceeds to be deposited in the Treasury and a detailed report thereof to be submitted to Congress at the beginning of each regu- lar session thereof. The Superintendent of the Unit- ed States Capitol Building and Grounds, under the direction of the Secretary of the Interior, is hereby charged with the immediate care of said buildings, and the direction and supervision of all repairs there- to, and the lands acquired under the provision of the above-mentioned Acts: Provided, That the author- ity hereby granted shall also apply to the Maltby Building, now under the control of the United States Senate. (Aug. 26, 1912, c. 408, § 1, 37 Stat. 605.) § 3383. House Office Building; eontrol, super- vision, and care—House Of Representatives Office building: * * And the said office building and the employment of all service, other than officers and privates of the Capitol police, that may be appropriat- ed for by Congress, necessary for its protection, care, and occupancy, shall be under the control and super- vision of the Superintendent of the Capitol Building and Grounds, subject, until said building is complet- ed, to the approval and direction of the Commission appointed under the sundry civil appropriation Act approved March third, nineteen hundred and three, to supervise the construction of said building; and such control and supervision by the Superintendent of the Capitol Building and Grounds shall be and continue after the completion of said building, and not later than July first, nineteen hundred and eight, Subject to the approval and direction of a Commission consisting Of the Speaker of the House of Represen- tatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination Of Service as Representatives in Congress, or otherwise in the membership of said Commission shall be filled by the Speaker, and any two members of said Commission shall constitute a Quorum to do business. The Superintendent of the Capitol Building and Grounds shall submit annually to Congress estimates in detail for all services, other than officers and privates of the Capitol police, and for all other expenses in connection with said office building and necessary for its protection, care, and Occupancy; and said Commissions herein referred to shall from time to time prescribe rules and regula- tions to govern said Superintendent in making all Such employments, together with rules and regulations governing the use and occupancy of all rooms and Space in said building. The assignment of rooms, in Said building, to and for the Official use of Repre- Sentatives shall be by Such method as the House of Representatives may hereafter from time to time ºne. (March 4, 1907, c. 2918, § 1, 34 Stat. § 3384. Same; Speaker as member of Com- Imission—The Speaker shall continue a member of the Commission in control of the House Office Build- ing, appointed under the Sundry civil appropriation Act approved March fourth, nineteen hundred and Seven, until his successor as Speaker is elected or his term as a Representative in Congress shall have ex- pired. (March 4, 1911, c. 240, 36 Stat. 1306.) § 3385. Capitol power plant—Capitol power plant: For lighting the Capitol, Senate and House Office Buildings, and Congressional Library Building, and the grounds about the same, Botanic Garden, Senate stables and engine house, House stables, Malt- by Building, and folding and storage rooms of the Senate; pay of superintendent of meters, at the rate Of One thousand six hundred dollars per annum, who shall inspect all gas and electric meters of the Gov- ernment in the District of Columbia without addi- tional compensation; for necessary personal and oth- er Services; and for materials and labor in connec- tion with the maintenance and operation of the heat- ing, lighting, and power plant, and substations con- nected there with, to be expended by the Superintend- ent of the Capitol Building and Grounds under the Supervision and direction of the Commission in Con- trol of the House Office Building appointed under the Act approved March fourth, nineteen hundred and seven, ninety thousand dollars: Provided, That hereafter the heating, lighting, and power plant con- structed under the terms of the Act approved April tWenty-eighth, nineteen hundred and four, shall be known as the Capitol power plant; and hereafter all vacancies occurring in the force eperating said plant and the Substations -in COnnection there with Shall be filled by said superintendent with the approval of Said Commission in control of the House Office Build- ing appointed under the Act approved March fourth, nineteen hundred and seven. (March 4, 1911, c. 285, § 1, 36 Stat. 1414.) § 3.386. National statuary hall–Suitable struc- tures and railings shall be erected in the Old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Chief of Engineers in charge of public buildings and grounds. And the President is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol Of the United States, which is set apart, Or So much thereof as may be necessary, as a national statuary hall for the purpose herein indicated. (R. S. § 1814.) § 3387. Private art exhibits in Capitol—No statuary, painting, or other article, the property of an individual, shall hereafter be allowed to be ex- hibited in the rotunda. Or any other portion of the Capitol building. (R. S. § 1815.) § 3388. Same—No work of art not the property of the United States shall be exhibited in the Capitol, nor shall any room in the Capitol be used for private Studios or works of art, without permission from the Joint Committee on the Library, given in Writing; and it shall be the duty of the [Architect of the Ǻ Ch. B) 3 3407 SEAT OF GovKRNMENT Capitol Extension] to carry these provisions into effect. (March 3, 1875, c. 130, § 1, 18 Stat. 376.) Text in brackets superseded by § 3370. - § 3389. Same—No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, or the corridors of the Capitol. (March 3, 1879, c. 182, § 1, 20 Stat. 391.) - - § 3390. Works of fine arts—The Joint Commit- tee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work Of the fine arts, on behalf of Congress, which may be Offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the Supervision of all works of art that may be placed in the Capitol. (R. S. § 1831.) § 3391. Sale of intoxicating liquors in Capitol —No intoxicating liquors of any character shall be SOld within the limits of the Capitol building of the United States. (March 3, 1903, c. 1012, § 34, 32 Stat. 1221.) § 3392. Laws of District extended to Capitol Square—All laws and regulations of the District of Columbia for the preservation of the public peace and Order shall extend to the Capitol Square, whenever ap- plication for the same is requested by the presiding officer of either House of Congress, or by the Chief of Engineers in charge of public buildings and grounds. (R. S. § 1819.) - $ 3393. Protection of buildings and property —The Sergeants-at-Arms of the Senate and Of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating Such regulations, until such perSon can be brought before the proper authorities for trial. (R. S. § 1820.) * : . § 3394. Capitol grounds; public use—Public travel in and occupancy of the Capitol Grounds shall be restricted to the roads, walks, and places prepared for the purpose by flagging, paving, or otherwise. (July 1, 1882, c. 258, § 1, 22 Stat. 126.) - § 3395. Same; obstruction of roads—It is for- bidden to Occupy the roads in such manner as to Ob- struct or hinder their proper use, to drive violently upon them, or with animals not under perfect Control, Or to use them for the conveyance of goods Or mer- chandise, except to or from the Capitol on government service. (July 1, 1882, c. 258, § 2, 22 Stat. 126.) § 3396. Same; offer of articles for sale; signs— It is forbidden to offer or expose any article for sale; to display any sign, placard, or other form of adver- tisement; to solicit fares, alms, subscriptions, or Con- tributions. (July 1, 1882, c. 258, § 3, 22 Stat. 126.) § 3397. Same; injuries to—It is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, or other erection, Or any tree, shrub, plant, or turf. (July 1, 1882, c. 258, § 4, 22 Stat. 126.) § 3398. Same; fire-arms or fire-works; ha- rangues or orations—It is forbidden to discharge any fire-arm, fire-work, or explosive, set fire to any Combustible, make any harangue or oration, or utter loud, threatening, or abusive language. (July 1, 1882, c. 258, § 5, 22 Stat. 127.) . § 3399. Same; parades or assemblages; dis- play of flags—It is forbidden to parade, stand, Or move in processions or assemblages, or display any flag, banner, or device designed or adapted to bring into public notice any party, organization, or move- ment. (July 1, 1882, c. 258, § 6, 22 Stat. 127.) § 3400. Same; prosecution and punishment of offenses—Offenses against this act shall be triable before the police court of the District of Columbia, and Shall be punishable by fine or imprisonment, or both, at the discretion of the judge of said court; the fine not to exceed one hundred dollars, the impris- 0nment not to exceed sixty days. [Page 501I But in the case Of heinous offenses by reason of which public prop- erty shall have suffered damage to an amount exceed- ing One hundred dollars in value, said judge of the po- lice Court may commit or hold to bail the offender for trial before the Supreme Court of the District of Co- lumbia, when the offense shall be punishable by im- prisonment in the penitentiary for a period of not less than six months nor more than five years. (July 1, 1882, c. 258, § 7, 22 Stat. 127.) - § 3401. Same; arrests—It shall be the duty of all policemen and watchmen having authority to make arrests in the District of Columbia to be watchful for offenses against this act, and to arrest and bring be- fore the proper tribunal those who shall offend against it under their observation, or of whose offenses they shall be advised by witnesses. (July 1, 1882, C. 258, § 8, 22 Stat. 127.) - § 3402. Same; capitol employés to aid in en- forcement of act—It shall be the duty of all perSOnS employed in the service of the government in the Cap- itol or on its grounds to prevent, as far as may be in their power, offenses against this act, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders. (July 1, 1882, c. 258, § 9, 22 Stat. 127.) - § 3403. Same; suspending regulations—In Or- der to admit of the due observance within the Capitol Grounds of occasions of national interest becoming the cognizance and entertainment Óf Congress, the Presi- dent of the Senate and the Speaker of the House of Representatives, acting concurrently, are hereby au- thorized to suspend for such proper occasions. So much of the above prohibitions as would prevent the use of the roads and walks of the said grounds by proces- sions or assemblages, and the use upon them of Suita- ble decorations, music, addresses, and ceremonies: Provided, That responsible officers shall have been ap- pointed, and arrangements determined, adequate, in the judgment of said President of the Senate and Speaker of the Eſouse of Representatives, for the maintenance of suitable order and decorum in the pro- ceedings, and for guarding the Capitol and its grounds from injury. (July 1, 1882, c. 258, § 10, 22 Stat. 127.) § 3404. Same; suspending regulations; Capi- toi police commission—In the absence from Wash- ington of either of the officers designated in the last section the authority therein given to suspend Cer- tain prohibitions of this act shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol police Commission. (July 1, 1882, c. 258, § 11, 22 Stat. 127.) - § 3405. Same; concerts on grounds—Nothing in the Act to regulate the use of the Capitol grounds, approved July first, eighteen hundred and eighty-two, shall be construed to prohibit concerts on the Capitol grounds at times when neither House Of Congress is sitting by any band in the service of the TJnited States under the direction of the [Architect Of the Capitol]. (June 6, 1900, c. 791, § 1, 31 Stat. 613.) Text in brackets superseded by § 3370. § 3406. Capitol police; appointment-There shall be a Capitol police, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension. There shall be a captain of the Capitol police and such other members with such rates Of Compensa- tion, respectively, as may be appropriated for by Congress from year to year. (R. S. § 1821.) Current appropriation for Capitol police, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1073. § 3407. Same; appointment—For captain, # * and three lieutenants * *, hereafter to be selected jointly by the Sergeant-at-Arms of the Senate and the Sergeant-at-Arms of the House of Representatives; thirty privates, * * ; and eight watchmen + +, One-half of Said privates and Watchmen to be selected by the Sergeant-at-Arms of the Senate and one-half by the Sergeant-at-Arms of the House of Representatives. (April 28, 1902, c. 594, § 1, 32 Stat. 124.) ź 3408 (Tit. 21. SEAT OF GOVERNMENT [Page 502I § 3408. Same; number and pay—The Capitol police shall consist of the following members, to be paid at the following rates, respectively, per annum, On the Order of the Sergeant-at-Arms Of the Senate and the Sergeant-at-Arms of the House, or of either Of them, namely: One captain, at two thousand four hundred and one dollars and twenty cents; three lieutenants, at two thousand and seventy dollars each ; twenty-seven pri- Vates, at One thousand eight hundred and twenty-one dollars and sixty cents each ; and eight Watchmen, at One thousand One hundred and fifty dollars each. (R. S. § 1822.) § 3409. Same; suspension of members—The Captain of the Capitol police may suspend any mem- ber of the force, subject to the approval of the two Sergeants-at-Arms and of the Architect of the Capitol Extension. (R. S. § 1823.) § 34 iO. Same; pay of members under suspen- sion—Hereafter, whenever a member of the Capitol police Or Watch force is suspended from duty for Cause, Said policeman or watchman shall receive no Compensation for the time of such suspension if he shall not be re-instated. (March 3, 1875, c. 129, § 1, 18 Stat. 345.) § 3411. Same; uniform—The Sergeant-at-Arms Of the Senate and the Sergeant-at-Arms of the House Of Representatives are directed to select and regulate the pattern for a uniform for the Capitol police and Watchmen, and to furnish each member of the force With the necessary belts and arms, at a cost not to exceed twenty dollars per man, payable Out of the COntingent fund Of the Senate and House of Represent- atives upon the certificate Of the Officers above named. (R. S. § 1824.) § 3412. Same; uniform; at whose expense— The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact Conformity to that required by regulation Of the Sergeants-at-Arms. (R. S. § 1825.) § 34.13. Same; wearing uniform on duty— Hereafter the officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regula- tion uniform. (March 3, 1901, c. 830, § 1, 31 Stat. 963.) § 3414. Same; to police building and grounds —Hereafter the Capitol police, under the direction of the Sergeants-at-Arms of the Senate and of the House of Representatives and of the [Architect of the Capi- tol], shall police the Capitol building and the Capitol grounds. (May 28, 1896, c. 252, § 1, 29 Stat. 143.) § 3415. Same; to protect grounds—It shall be the duty of the Capitol police hereafter to prevent any portion of the Capitol grounds and terraces from being used as play-groupds or otherwise, So far as may be necessary to protect the public property, turf and grass from destruction or injury. (April 29, 1876, c. 86, 19 Stat. 41.) § 3416. Same; supervision of Botanical Gar- den—The Supervisión. Of the Gapitol police shall be extended Over the Botanical Garden. (R. S. § 1826.) § 34.17. Superintendent, etc., of Botanical Garden and green-houses—There shall be a Superin- tendent, assistants, and two additional laborers in the Botanical Garden and green-houses, who shall be under the direction. Of the Joint Committee On the Library. (R. S. § 1827.) § 3418. Annual statement of public property —It shall be the duty of the officer or officers having in charge the property Of the United States in and about the Capitol, the President’s House, and the Botanical Garden, to furnish an annual statement to the [Architect of the Capitol Extension], by the first day of December, setting forth the public property in all the buildings, rooms, and grOunds under their charge, purchased during each year, and an a CCOunt of the disposition of such property during the Same period, whether by sale or otherwise. (R. S. § 1832.) Text in brackets superseded by § 3370. § 3419. Inventory of public property—The [Architect of the Capitol Extension] shall make Out and keep in proper books, a complete inventory of all public property in and about the Capitol, the Botanical Garden, and the President's House, adding thereto, from time to time, an account of such prop- erty as may be procured, subsequently to the taking Of the first inventory, as well as an account of the sale or Other disposal of such property. And he shall sub- Imit an annual report of such inventories and accounts, * gºt Monday of December to Congress. (R. S. Text in brackets superseded by § 3370. § 3420. Two last sections as applying to Li- brary of Congress—The two preceding sections shall not apply to the books, pamphlets, papers, and docu- ments in the Tibrary of Congress, nor to the supplies of Stationery and fuel in the several public buildings and offices therein referred to. (R. S. § 1834.) § 3421. Extra pay—No pay or compensation oth- er than is fixed by this Title shall be allowed to any officer, employé, or laborer embraced within the provi- sions hereof. (R. S. § 1835.) Chapter BB–Intoxicating Liquors in Sec. the District of Columbia 342.1%a. Manufacture, importation, sale, or gift prohibited; alcoholic liquors defined. . 342.1%aa. Liquors permitted to be manufactured. 342.1%b. Transportation into District; records. 342.1%bb. Sale by pharmacists; physicians’ prescriptions. 342.1%. C. Permits for Wine for sacramental purposes. 342.1% co. Licenses for manufacture or sale of permitted liq- llor S. - 3421%d. Records of sales or shipments. 342.1%dd. Delivery of liquors by carriers. 342.1%.e. Maintenance of places for receiving or keeping liq- liOrS. 342.1%ee. Keeping or giving away of liquors to evade act. 342.1%f. Advertisements. - 342114 f. Searches and seizures. 342.1%g. Drinking or being drunk in or on streets. 342.1%gg. Payment of special taxes prima, facie evidence of keeping. , - 342.1%h. Liquor nuisances; maintenance. 342.1%hh. Same; abatement of and injunction against. 342114 i. Restraining violations of act. 342.1%j. Liquor nuisance; maintenance by tenant. 342.1%k. Same; permitting maintenance. 3421341. Property rights in liquors illegally manufactured; searches and seizures. - 342134 m. Civil actions for damages. 342.1% n. Intoxication by locomotive engineers, conductors or brakemen, etc. 3421340. Enforcement of act; failure; punishment. 342134p. Informations for violations of act; conduct of prose- - CutionS. - 342134 g. Partial invalidity of act. 342.1%r. Singular number includes plural. - 342134s. Time of taking effect of act; excise board abolished. § 342134a. Manufacture, importation, sale, or gift prohibited; alcoholic liquors defined—On and after the first day of November, Anno Domini nineteen hundred and seventeen, no person or persons, or any house, company, association, club, or corporation, his, its, or their agents, officers, Clerks, Or servants, di- rectly or indirectly, shall, in the District of Columbia, manufacture for sale or gift, import for sale or gift, sell, offer for sale, keep for sale, traffic in, barter, ex- port, ship Out of the District of Columbia, or ex- change for goods or merchandise, or Solicit or re- ceive orders for the purchase of, any alcoholic Or other prohibited liquors for beverage purposes Or for any other than scientific, medicinal, pharmaceutical, mechanical, sacramental, or other nonbeverage pur- p0SeS. Wherever the term “alcoholic liquors” is used in this Act it shall be deemed to include Whisky, brandy, rum, gin, wine, ale, porter, beer, Cordials, hard Or fer- mented cider, alcoholic bitters, ethyl alcohol, all malt Iiquors, and all other alcoholic liquors. - That any person or persons, or any house, company, association, club, or corporation, his, its, Or their agents, officers, clerks, or servants, Who shall directly or indirectly violate the provisions of this section shall Ch. BB) & 84.21%bb SEAT OF GOVERNMENT [Page 5031 be deemed guilty of a misdemeanor, and upon Convic- tion thereof shall be fined not less than $300 nor more than $1,000, and shall be imprisoned in the District jail or workhouse for a period of not less than thirty days nor more than one year for each offense. (March 3, 1917, c. 165, § 1, 39 Stat. 1123.) § 34.21%aa. Liquors permitted to be manufac- tured—The provisions Of this Act shall not be COn- strued to prevent the manufacture, importation, eX- portation, or sale of denatured or of methyl alcohol, or of ethyl alcohol, for Scientific, medicinal, phar- maceutical, or mechanical purposes, nor to prevent the sale of alcoholic or other prohibited liquors by druggists for medicinal purposes on prescriptions of physicians under the regulations set out in Section three of this Act: Provided, That the manufacture and sale of ethyl alcohol or of alcoholic liquors for Sacramental purposes within the District of Columbia. shall be restricted to manufacturers and druggists li- Censed, respectively, to make and sell such alcohol and alcoholic or other prohibited liquors, as herein- after provided, for scientific, mechanical, pharmaceu- tical, medicinal, or sacramental purposes only. (March 3, 1917, c. 165, § 2, 39 Stat. 1123.) § 34.21%b. Transportation into District; ree- ords—All railroad, steamboat, or other boat Compa- nies, express and transportation companies of any kind, which shall in any manner at any time trans- port intoxicating liquors into the District, are here- by required to keep a record, alphabetically arranged, in Which shall be entered immediately upon receipt thereof the name of every person shipping or to whom intoxicating liquors are shipped, the amount and kind Of liquor, the date of delivery, by whom and to whom delivered, and the affidavit of the person receiving the liquor as provided herein. After this record is made and before delivery it shall be signed by the COnSignee. The book shall be Open to the inspection Of any person during the business hours of the com- pany. Such books or a copy of such records, attested by an Officer of the company or verified by affidavit, shall be admissible as evidence in any court and shall be prima facie evidence of the fact therein stated in any trial or proceeding for the enforcement of the pro- visions of this Act. An employee or agent of any express company, rail- road Company, steamboat company, or transportation Company charged With the duty of keeping such rec- Ord Who shall fail to keep such record shall be guilt Of a misdemeanor. º Any railroad company, express company, steamboat Company, or tranSportation Company who shall not re- Quire SOme One of its employees to keep such ree- Ord Shall be fined not less than $25 nor more than $100 for every day or portion thereof during which Such failure shall continue. No railroad or Other transportation company shall receive a package of liquor to be shipped or carried into the District Without having attached to it the affidavit of the consignee stating the amount of the liquors, the kinds of liquors Ordered, and that it is not purchased for, nor will such liquors be used by the consignee for, an illegal purpose. (March 3, 1917, c. 165, § 2a, 39 Stat. 1123.) § 34.21%bb. Sale by pharmacists; physicians’ preseriptions—Regularly licensed and registered druggists or pharmacists in the District of Columbia shall not sell alcoholic or other prohibited liquors nor compound nor mix any Composition thereof, nor sell any malt extract or other proprietary medicines con- taining alcohol, except such compounds, Compositions, malt extracts, or proprietary medicines be so medicat- ed as to be medicinal preparations or compounds unfit for use as beverages, except upon a Written and bona fide prescription of a duly licensed and regularly prac- ticing physician in the District of Columbia, whose name shall be signed thereto. Such prescription shall contain a statement that the disease of the patient re- quires such a prescription, shall be numbered in the order of receiving, and shall be canceled by Writing on it the word “canceled” and the date on which it was presented and filled, and kept on file in Consecu- tive order, subject to public inspection at all times during business hours. No such prescription shall be filled more than once. Every druggist or pharmacist selling intoxicating liquors as herein provided shall keep a book provided for the purpose, and shall enter therein at the time Of every Sale a true record of the date of the sale, the name of the purchaser, who shall sign his name in said book as a part of the entry, his residence (giving the street and house number, if there be such), the kind and quantity and price of such liq- uor, the purpose for which it was sold, and the name of the physician giving the prescription therefor. Such book shall be open to public inspection during business hours, and shall be in form Substantially as follows: i | | ## i ; : j # *===f Said book shall be produced before the Commission- ers Of the District of Columbia or the courts when required, and shall also contain a statement of the kind and amount of alcoholic and other prohibited liq- uOrS On hand when this Act shall go into effect, and thereafter such druggist or pharmacist shall, on the Order Of the court or the Commissioners of the Dis- trict, make a statement of the amount of intoxicating liquor Sold Or used in any manner since the last state- ment and the amount on hand at the date when such Court Or Commissioners require such statement: Pro- vided, That ethyl alcohol may be sold without a physi- Cian's prescription for mechanical, medicinal, pharma- Ceutical, or Scientific purposes by registered and li- Censed druggists or pharmacists, or by licensed manu- facturers, each and all of whom shall keep a book for the purpose of registering such sales in a similar man- ner and form as required for the sale of other alcohol- ic and other prohibited liquors by the provisions of this Section : Provided further, that any person who shall make any false Statement as to the purpose or use of alcohol purchased under the provisions of this section shall be deemed guilty of a misdemeanor and be fined for each offense not less than $50 nor more than $300, and in default of the payment of such fine shall be imprisoned in the jail or workhouse of said District not more than Six months. Any druggist or pharmacist who shall sell or dis- pense any alcoholic or other prohibited liquors, except in such manner as provided in this section, Or Who shall fail or refuse to keep the record herein required, or who shall refill any prescription, or who shall vio- late any other provisions of this Act, shall be guilty of illegal selling, and upon Conviction thereof shall be subject to the penalties prescribed in Section one of this Act. Upon a second conviction for Said Offense, in addition to the penalties prescribed in said sec- tion One, it shall be a part of the judgment of convic- tion that the license Of Such druggist Or pharmacist to practice pharmacy shall be revoked, and the Court before which such person is tried and convicted shall cause a certified copy of Such judgment of conviction to be certified to the board having authority to issue license to practice pharmacy in the District of Colum- bia. & 2421%bb (Tit. 21 SEAT OF GOVERNMENT [Page 504I Any physician who shall prescribe any alcoholic Or other prohibited liquor except for treatment of disease, which, after his own personal diagnosis, he shall deem to require such treatment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $100 nor more than $500, and in de- fault of payment of Said fine shall be imprisoned in the District jail or workhouse for not less than thirty nor more than ninety, days, and upon a second COn- viction for said offense, in addition to the penalty above provided, it shall be a part of-the judgment of conviction that the license of such physician to prac- tice medicine be revoked, and the court before which such physician is tried and convicted shall cause a certified Copy of such judgment of conviction to be certified to the board having authority to issue li- censes to practice medicine in the District of Colum- bia. (March 3, 1917, c. 165, § 3, 39 Stat. 1124.) § 34.21% c. Permits for wine for sacramental purposes—When any minister, pastor, or priest Of a religious congregation or church desires Wine for SaC- ramental purposes in the usual religious exercises Of his denomination, he may apply to the Commission- ers of the District of Columbia for a permit, stat- ing the amount desired, for what period, and for What purpose, and Said Commissioners, if satisfied. Of the good faith of the applicãtion, shall grant a writ- ten permit to the applicant permitting the shipment to him, Or the purchase by him, of such amount as is shown to be reasonably necessary, which amount shall be stated in the permit, together with the purpose for which it is to be used and the period to be covered by Such use ; the amount of Wine permitted to be shipped or purchased under One permit shall not ex- ceed five gallons, and the said permit shall be at- tached to the outside of the package by the shipper and remain SO attached until delivered to the GOn- signee when it shall be canceled by the carrier. Said permit shall be void after twenty days, and shall not be used for more than one shipment. (March 3, 1917, c. 165, § 4, 39 Stat. 1125.) § 34.21% ce. Hicenses for manufacture or sale of permitted liquors—Any person, Company, Or cor- poration desiring to manufacture alcoholic or other prohibited liquors for the purposes permitted in this Act shall on Or before the first day of November of each year Obtain a license from the Commissioners of the District of Columbia for the year beginning No- vember first upon the payment of $100, which money shall be deposited with other license funds of the Dis- trict. Druggists, wholesale or retail, desiring to sell alcoholic or other prohibited liquors for the purposes permitted in this Act shall obtain a license in the same way for the same period, the fee for wholesale drug- gists being $25, for retail druggist $10. The Commis- sioners shall have power to refuse or revoke all licens- es referred to in this section if doubtful of the good faith of the licensee and his intention to comply with this Act. Manufacturers licensed according to this section shall sell alcoholic and other prohibited liquors within the District, of Columbia to druggists, hospitals, and scientific laboratories only, and only to such drug- gists as are licensed under the terms of this section. No others than druggists and manufacturers licensed according to this section may manufacture or sell al- coholic and Other prohibited liquors in the District Of Columbia, and these only for the purposes permitted by this Act. Violations of this section shall be pun- ished by fine of not less than $300 nor more than $1,- 000, and by imprisonment in the District jail or work- house for not less than thirty days nor more than one year: Provided, That nothing in this Act shall pre- vent any executive department Or Other establishment of the United-States Government from purchasing or importing into the District of Columbia, free of tax and for its own uses, denatured, methyl, or ethyl al- Cohol for scientific, medicinal, pharmaceutical, or me- *al purposes. (March 3, 1917, c. 165, § 5, 39 Stat. 1125.) *. § 34.21%d. Records of sales or shipments— Every licensed manufacturer of alcoholic liquor not herein prohibited shall keep a permanent record of all Sales and shipments of alcoholic liquor. Such record shall set forth the following information: The name Of the Consignee or purchaser, the quantity of liquor, the express company or other carrier by which such liquor was shipped, the date of sale or shipment, and the purpose of the purchase as set forth in the affida- Vit accompanying the order. Each common or special Carrier of alcoholic liquors within the District shall keep a record as above provided, and a certified copy Of such record with a copy of the affidavits shall be filed with the District Commissioners not later than the fifth day of each month for the calendar month preceding. No shipment of alcoholic liquors shall be made until the purchaser signs an affidavit that such alcoholic liquors are not purchased for nor will such liquors be used or sold by the consignee for beverage purposes. The District Commissioners shall keep a public record of such sales, shipments, and affidavits, alphabetically arranged. Copies of the affidavit shall be attached permanently at the end of the record of each shipment or sale, and to each package containing liquor until delivered to the consignee. Any violation Of this section shall be deemed a misdemeanor and be Subject to the same penalties as provided in section One of this Act. (March 3, 1917, c. 165, § 5a, 39 Stat. t 1126.) - § 34.21%dd. Delivery of liquors by carriers— It shall be unlawful for any common or other carrier, eXpress COmpany, Or any person to deliver to any perSon, Company, Corporation, club, or association or Order, his, or its agents, clerks or employees, any liq- uors in the District of Columbia knowing the same to be Such, and in the Case of Shipments Of liquors for purposes not prohibited it shall be unlawful to bring the same into the District of Columbia, Or to deliver the same therein, in Original packages or otherwise, on any Sunday or on any other day before six o'clock antemeridian and after five o’clock postmeridian. Any COmmon Or other Carrier, express Company, Or any per- son violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 or more than $500, or be confined in the District jail or work- house, not less than One nor more than six months, Or by both fine and imprisonment in the discretion of the court. (March 3, 1917, c. 165, § 6, 39 Stat. 1126.) § 34.21%.e. Maintenance of places for receiv- ing or keeping liquors—Every person who shall di- rectly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist, or abet in keeping or maintaining any club house, or other place in which any alcoholic liquor is received or kept for the purpose of gift, barter, or sale, or for distribution or division among the members of any club or association by any means whatsoever, Or who shall maintain what is commonly known as the “locker system” or other device for evading the provi- sions of this Act, and every person who shall use, bar- ter, Sell, Or assist or abet in bartering, selling any liq- uors So received or kept, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject to the penalties prescribed in section one of this Act; and in all Cases the members, shareholders, associates or employees in any club or association mentioned in this section shall be competent witnesses to prove any violations of the provisions of this section of this Act, or of any fact tending thereto ; and no person shall be excused from testifying as to any offense committed by another against any of the provisions of this Act by reason of his testimony tending to Criminate him- Self, but the testimony given by Such person shall in no case be used against him. (March 3, 1917, c. 165, § 7, 39 Stat. 1126.) - § 34.21% ee. Keeping or giving away of liquors to evade act—The keeping or giving away of alcoholic or other prohibited liquors for the purpose of evading Ch. BB) # 8421%; SEAT OF GOVERNMENT [Page 505] the provisions of this Act shall be deemed an unlawful Selling, subject to the penalties provided in section #: º this Act. (March 3, 1917, c. 165, § 8, 39 Stat. 7. § 342134f. Advértisements—If any person shall advertise or give notice by signs, billboards, newspa- pers, periodicals, or otherwise for himself or another the manufacture, offering for sale, or keeping for sale of alcoholic or other prohibited liquors for purposes forbidden or prohibited under this Act, or shall Cir- culate or distribute any price list, circulars, or Order blanks advertising such liquors, or publish or distrib- ute any newspaper, magazine, periodical, or Other written or printed paper in which such advertise- ments of liquors appear, or shall permit to be posted upon his premises, or premises under his Control (in- cluding billboards) or shall permit the same to SO remain upon such premises, he shall be guilty of a misdemeanor and be fined not less than $100 nor more than $500. (March 3, 1917, c. 165, § 9, 39 Stat. 1127.) § 342134ff. Searches and seizures—If One Or more persons who are competent witnesses shall charge, ou oath or affirmation before the Corporation counsel of the District of Columbia or any of his as- sistants duly authorized to act for him, presenting that any person, company, copartnership, association, club, or corporation has or have violated or is violat- ing the provisions of this Act by manufacturing, of fering for sale, keeping for sale, trafficking in, bar- tering, exchanging for goods, or otherwise furnishing alcoholic liquor, shall request said corporation Counsel or any of his assistants duly authorized to act for him to issue a warrant, said attorney or any . Of his assistants shall issue such warrant, in which Warrant the room, house, building, or other place in which the violation is alleged to have occurred or is OCCur- ring shall be specifically described, and Said Warrant shall be placed in the hands of the captain or acting captain of the police precinct in which the room, º house, building, or other place above referred to is 10- cated, commanding him to at once thoroughly search said described room, house, building, or other place, and the appurtenances thereof, and if any Such be found, to take into his possession and Safely keep, to be produced as evidence when required, all alcoholic liquors and all the means of dispensing the Same, also all the paraphernalia or part of the paraphernalia of a barroom or other alcoholic liquor establishment, and any United States internal-revenue tax receipt or Certificate for the manufacture or sale of alcoholic liq- uor effective for the period of time covering the al- leged offense, and forthwith report all the facts to the Corporation counsel of the District of Columbia, and such alcoholic liquor or the means for dispensing same, or the paraphernalia of a barroom or other al- coholic liquor establishment, or any United States in- ternal-revenue tax receipt Or Certificate for the sale of alcoholic liquor effective as aforesaid, shall be prima facie evidence of the violation of the provisions of this Act. (March 3, 1917, c. 165, § 10, 39 Stat. 1127.) § 34.21%g. Drinking or being drunk in or on streets—Any person who shall, in the District of Co- lumbia, in any street, or public or private road, alley, or in any public place or building or in or upon any Street car, any other Vehicle Commonly used for the transportation of passengers, Or in Or about any depot, platform or waiting station, drink any alcoholic liquor of any kind, or if any person shall be drunk or in- toxicated in any street, alley, Or public or private road or in any railroad passenger train, street car, or any public place or building, or at any public gathering, Or if any person Shall be drunk Or intoxicated and shall disturb the peace of any person anywhere, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine . Of not less than $10 nor more than $100, or by imprisonment for not less than five days nor more than thirty days in the workhouse or jail of the District of Columbia, or by both such fine and imprisonment. (March 3, 1917, c. 165, § 11, 39 Stat. 1127.) § 34.21%gg. Payment of special taxes prima facie evidence of keeping—The payment of the spe- Cial tax required of wholesale or retail liquor dealers by the United States by any person or persons other than manufacturers or druggists licensed under Sec- tion five of this Act, within the District of Columbia, Shall be prima facie evidence that Such perSon Or persons are engaged in keeping and selling, Offering and exposing for sale alcoholic liquors contrary to the provisions of this Act, and a certificate from the collector of internal revenue, his agents, Clerks, Or deputies showing the payment of such tax, and the name or names of person to whom issued, and the names of the person or persons, if any, associated with the person to whom such tax receipt is issued, shall be sufficient evidence of the payment of Such tax and of the association of such persons for the selling and keeping, offering and exposing for sale Of liquors contrary to the provisions of this Act in all trials Or legal inquiries. (March 3, 1917, c. 165, § 12, 39 Stat. 1128.) § 34.21%h. Liquor nuisances; maintenance- All houses, boathouses, buildings, club rooms, and places of every description, including drug Stores, where alcoholic liquors are manufactured, sold, Vend- ed, or furnished contrary to law (including those in which clubs, orders, or associations sell, barter, dis- tribute, or dispense intoxicating liquors to their mem- bers, by any means or device whatever, as provided in section eight of this Act) shall be held, taken, and deemed common and public nuisances. And any per- son who shall maintain, or shall aid or abet, or know- ingly be associated with others in maintaining such common and public nuisance, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties prescribed in section One of this Act, and judgment shall be given that such house, building, or other place, or any room therein, be abat- ed. Or closed up as a place for the sale or keeping Of such liquor contrary to law, as the court may deter- mine. (March 3, 1917, c. 165, § 13, 39 Stat. 1128.) § 34.21%hh.. Same; abatement of and injure- tion against—The United States district attorney for the District of Columbia, or any citizen of the District of Columbia, may maintain an action in equity in the name of the United States to abate and perpetually enjoin such a nuisance as defined in the preceding sec- tion. The injunction shall be granted at the com- mencement of the action, and no bond shall be requir- ed. Any person violating the terms of any injunc- tion granted in such proceedings shall be punished for contempt by a fine of not less than $100 nor more than $500 and by imprisonment in the District jail or work- house for not less than thirty days nor more than six months, in the discretion of the Court. (March 3, 1917, c. 165, § 14, 39 Stat. 1128.) § 342134i. Restraining violations of aet—When any violation of this Act is threatened, or shall have occurred, or is occurring, the doing of, or the contin- uance or repetition of the unlawful act, or any of like kind by the offending party may be prevented by a writ of injunction out of a court of equity upon a bill filed in all respects as in cases of liquor nuisances; in like manner the writ of injunction may be employed to compel obedience to any provision of this Act. (March 3, 1917, c. 165, § 15, 39 Stat. 1128.) § 342134.j. Liquor nuisance; maintenance by tenant—If a tenant of a building or tenement uses such premises, or any part thereof, in maintaining a common nuisance as hereinbefore defined, or know- ingly permits such use by another, Such use shall ren- der void the lease under which he holds, and shall cause the right of possession to revert to the owner or lessor, who may, with Out process Of law, make immediate entry upon the premises, or may avail himself of the remedy provided for the forcible de- * 8421%k (Tit. 21. SEAT OF GOVERNMENT [Page 506] tention thereof. 1128.) § 34.21%k. Same; permitting imaintenance— Anyone who knowingly permits any building owned or leased by him or under his control, or any part there- of, to be used in maintaining a common nuisance here- inbefore described in section fourteen of this Act, aft- er being notified in writing of such use, neglects to take all reasonable measures to eject therefrom the perSOn SO using the same, shall be deemed guilty of assisting in maintaining such nuisance. (March 3, 1917, c. 165, § 17, 39 Stat. 1129.) - § 34.21%l. Property rights in liquors illegally manufactured; searches and seizures—That no property rights of any kind shall exist in alcoholic liq- uors or beverages illegally manufactured, received, pos- Sessed, Or Stored under this Act, and in all such cases the liquors are forfeited to the District of Columbia and may be searched for and Seized and Ordered to be (March 3, 1917, c. 165, § 16, 39 Stat. destroyed by the Court after a Conviction when Such liquors have been seized for use as evidence, or upon satisfactory evidence to the court presented by the corporation counsel that such liquors are contraband. (March 3, 1917, c. 165, § 18, 39 Stat. 1129.) - § 34.21%im. Civil actions for damages—Every wife, child, parent, guardian, or employer, or other person who shall be injured in person or property or means of support by any intoxicated person, or in Consequence of intoxication, habitual or otherwise, of any person, such wife, child, parent, or guardian shall have a right of action, in his or her own name, against any person who shall, by selling or bartering intoxicat- ing liquors, have Caused the intoxication of such per- SOn, for all damages actually Sustained, as Well as for exemplary damages; and a married Woman shall have the right to bring Suit, prosecute, and Control the Same, and the amount recovered the same as if unmarried; and all damages recovered by a minor under this Act shall be paid either to such minor or to his or her parents, guardian, or next friend, as the court shall direct. (March 3, 1917, c. 165, § 19, 39 Stat. 1129.) - § 34.21%m. Intoxication by locomotive eragi- neers, conductors, or brakemen, etc.—If any person while in charge of a locomotive engine, or while act- ing as a conductor or brakeman of a car or train of Cars, Or While in Charge Of any Street Car, Steamboat, launch, or other Water Craft, Or While in charge Of Or operating any automobile or horse vehicle in the Dis- trict of Columbia shall be intoxicated, he shall be guilty of a misdemeanor, and if convicted shall be punished by a fine of not less than $25 nor more than $300, and in default in payment of said fine shall be imprisoned in the District jail or workhouse for not exceeding three months, or both fine and imprison- ment in the discretion of the Court. (March 3, 1917, c. 165, § 20, 39 Stat. 1129.) - § 34.21%0. Enforcement of act; failure; pun- ishment—It shall, be the duty of the Commissioners of the District of Columbia to enforce the provisions of this Act. They shall detail qualified members Of the police force to detect violations of the Act, if any, and to report promptly all knowledge or infor- mation they may have Concerning such violations, to- gether with the names of any witnesses by whom they may be proven to the corporation counsel; but it shall be the duty Of all members Of the police force to detect violations of the Act and to promptly re- port any information or knowledge concerning the same to the Corporation COunsel, together With the Inames of witnesses, by Whom Such violations may be proven; and the corporation counsel shall bring Such ed upon the taking effect of this Act. alleged Violators Of the law to trial With all due diligence. If any such officer shall fail to comply with the pro- visions of this section, he shall upon conviction be fined in any sum not less than $100 nor more than $500; and such conviction shall be a forfeiture of the Office held by such person, and the court before whom Such ConViction is had shall in addition to imposition of the fine aforesaid order and adjudge the forfeiture Of his said office. For a failure or neglect of offi- cial duty in the enforcement of this Act any official herein referred to may be removed by Court action. (March 3, 1917, c. 165, § 21, 39 Stat. 1129.) § 34.21%p. Informations for violations of act; conduct of prosecutions—Prosecutions for viola- tions of the provisions Of this Act shall be on informa- tion filed in the police court by the corporation coun- Sel Of the District of Columbia. Or any Of his a S- sistants duly authorized to act for him, and said Corporation COunsel Or his assistants shall file such in- formation upon the presentation to him or his assis- tants of Sworn information that the law has been vio- lated; and such corporation counsel and his assistants Shall have power to administer Oaths to Such inform- ant or informants, and such others as present them- Selves, and anyone making a false Oath to any ma- terial fact shall be deemed guilty of perjury and sub- ject to the same penalties as now provided by law for Such Offense. - - - When, however, it appears to the Commissioners of the District Of Columbia that it will be in the inter- est Of more effective enforcement Of the provisionS of this Act, they may request the United States dis- trict attorney for the District of Columbia to prose- Cute perSOns Charged with Offenses against the law, and When SO requested by Said Commissioners the said district attorney shall proceed before the grand jury and in the Supreme Court of the District of Co- . lumbia to prosecute such offenders in männer now pre- Scribed by law for the prosecution of persons charg- ed with violations of the laws against crime in the Dis- trict of Columbia. (March 3, 1917, c. 165, § 22, 39 Stat. 1129.) § 34.21%q. Partial invalidity of act—If for any reason any Section, paragraph, provision, Clause, Or part of this Act shall be held unconstitutional or in- Valid, that fact shall not effect Or destroy any other section, paragraph, provision, clause, or part of the Act not in and of itself invalid, but the remaining parts of Sections shall be enforced without regard to that so invalidated. (March 3, 1917, c. 165, § 23, 39 Stat. 1130.) - - § 34.21%r. Singular number includes plural- In the interpretation of this Act words of the singular Inumber shall be deemed to include their plurals, and Words Of the masculine gender shall be deemed to in- clude the feminine, as the case may be. (March 3, 1917, c. 165, § 24, 39 Stat. 1130.) - § 34.21%s. Time of taking effect of act; ex- cise board abolished—This Act shall be in full force and effect on and after the first day Of November, nineteen hundred and sixteen, and all laws and parts of laws inconsistent here with, be, and they are, here- by repealed. And that the excise board for the Dis- trict of Columbia, provided for and established under the Act making appropriations to provide for the ex- penses of the government of the District of Colum- bia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, be, and it is hereby, abolish- (March 3, 1917, c. 165, § 25, 39 Stat. 1130.) TITLE XXII—THE STATES 'Sec. 3422. Oath by members of legislatures and officers. 3423. Same; by whom administered. 3424. Assent to purchase of lands for forts. § 3422. Oath by members of legislatures and officers—Every member of a State legislature, and every executive and judicial Officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: “I, A B, do solemnly Swear that I will support the Constitu- tion of the United States.” (R. S. § 1836.) § 3423. Same; by whoma administered—Such oath may be administered by axly person Who, by the law of the state, is authorized to administer the oath Of Office; and the person so administering such oath Shall CauSe a record or certificate thereof, to be made in the same manner as, by the law of the State, he is directed to record or certify the oath of office. (R. S. § 1837.) - § 3424. Assent to purchase of lands for forts—The President of the United States is author- ized to procure the assent Of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such Consent having been obtained. (R. S. § 1838.) TITLE XXIII—THE TERRITORIES AND INSULAR POSSESSIONS Chap. Sec. 1. Provisions Common to AII the Territories. . . . . 3425 2. Provisions Concerning Particular Organized Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Provisions Relating to the Unorganized Terri- tory of Alaska. . 3A. Alaska e e s e e a e e s s e e s e s e s e e e s e e º e e e º e º • * * * * * e º 'º tº e e º e º e º 'º e s e e s e e º e º e º e º e º O & © tº e & © tº 3528 Chap. Sec. 3B. Havvail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3644 3C. Porto Rico. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3747 3D. The Philippine Islands. . . . . . . . . . . . . . . . . . . . . . . . . . . .3804 3E. Guano Islands. . . . . . . . . . . . tº e º 'º e º 'º e º e º a e e º º ºs e º e º e e 3916 3F. The Virgin Islands (The Danish West In- dies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3924/2a At the time of the enactment of the Revised Statutes there were nine organized territories: Utah, New Mexico, Washington, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming, all of which have since been admitted as States. After the enactment of the Revised Statutes, a temporary government for the territory of Oklahoma. Was provided, by Act May 2, 1890, c. 183, 20 Stat. 81, and later provisions; the Indian Territory was defined, and provi- sions made for its government, by said Act May 2, 1890, c. 182, and later provisions, particularly Act June 28, 1898, c. 517, 30 Stat. 495. These two territories were admitted to the Union as the state of Oklahoma, pursuant to Act June 16, 1906, c. 3335, 34 Stat: 267, which, in so far as it relates to Oklahoma and contains provisions which may be re- garded as permanent, is set forth below. By the admis- sion of all these territories as states the provisions of this Title, as contained in the Revised Statutes, and also the subsequent laws relating to the territories, became inop- erative as to such former territories. The provisions of chapter 3 of this Title, as contained in the Revised Stat- utes, relating to the former unorganized territory of Alas- ka, were in part Superseded, amended, re-enacted, or re- pealed by Act Aug. 24, 1912, c. 387, 37 Stat. 512, and subse- quent laws (see chapter 3A of this Title). Chapter 1 of this Title, as Set forth here, contains those provisions of the Revised Statutes, and subsequent acts, common to all territories, which have not been repealed, superseded, or re-enacted by other laws, and which may be applicable to any territory of the United States to which Congress may see fit to apply them. The other chapters of this Title contain the laws relating to the insular possessions of the TJnited States, as shown by the chapter headings. All provisions of laws relating to the territories, as part of a general System, such as the organization, jurisdiction, etc., of United States courts, disposal of public lands, revenues, etc., are placed, in connection with the provisions of the Revised Statutes, and of Subsequent acts, relating to such subjects, under other appropriate titles in this compila- tion. The codes or other bodies of laws, enacted for par- ticular territories, containing the general civil law, penal law, civil and criminal procedure, etc., are omitted, as wholly local in their nature and operation. OTKLAEIOMA, ENABILING ACT § 1. The inhabitants of all that part of the area of the United States now constituting the Territory of Okla- homa and the Indian Territory, as at present described, may adopt a constitution and become the State of Okla- homa, as hereinafter provided: Provided, That nothing contained in the said constitution shall be construed to limit or impair the rights of person or property pertain- ing to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting Such Indians, their lands, property, or other rights by treaties, agree- ment, law, or otherwise, which it would have been Com- petent to make if this Act had never been passed. (June 16, 1906, c. 3335, § 1, 34 Stat. 267.) - § 2. (Related to an election for selecting delegates to the constitutional convention, and the temporary seat of government. Omitted.) § 3. The delegates to the convention thus elected shall meet at the seat of government of said Oklahoma. Terri- tory on the second Tuesday after their election, excluding the day of election in case such day Shall be Tuesday, but they shall not receive compensation for more than sixty days of service, and, after organization, shall de- clare, on behalf of the people of said proposed State, that they adopt the Constitution of the United States; whereupon the said convention shall, and is hereby au- thorized to, form a constitution and State government for said proposed State. The constitution shall be re- publican in form, and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of . Independence. And said convention shall provide in said constitution— First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of Said State shall ever be molested in person or property on account of his or her mode of religious worship, and that polyga- mous or plural marriages are forever prohibited. Second. That the manufacture, sale, barter, giving away, or otherwise furnishing, except as hereinafter pro- vided, of intoxicating liquors within those parts of Said State now known as the Indian Territory and the Osage Indian Reservation and within any other parts of Said State which existed as Indian reservations on the first day of January, nineteen hundred and Six, is prohibited for a period of twenty-one years from the date of the ad- mission of said State into the Union, and thereafter un- til the people of said State shall otherwise provide by amendment of Said constitution and proper State legis- lation. Any person, individual or corporate, who shall manufacture, sell, barter, give away, or otherwise fur- nish any intoxicating liquor of any kind, including beer, ale, and wine, contrary to the provisions of this section, or who shall, within the above-described portions of said State, advertise for sale or solicit the purchase of any such liquors, or who shall ship or in any Way convey such liquors from other parts of said State into the portions hereinbefore described, shall be punished, on conviction thereof, by fine not less than fifty dollars and by imprisonment not less than thirty days for each of- fense : Provided, That the legislature may provide by law for one agency under the Supervision of Said State in each incorporated town of not less than two thousand population in the portions of said State hereinbefore de- scribed; and if there be no incorporated town of two thousand population in any county in said portions of said State, such county shall be entitled to have One Such agency, for the sale of such liquors for medicinal pur- poses; and for the sale, for industrial purposes, of al- cohol which shall have been denaturized by Some process approved by the United States Commissioner of Internal Revenue; and for the sale of alcohol for scientific pur- poses to such scientific institutions, universities, and col- leges as are authorized to procure the Same free of tax under the laws of the United States; and for the Sale of such liquors to any apothecary who shall have eX- ecuted an approved bond, in a sum not less than one thousand dollars, conditioned that none of Such liquors shall be used or disposed of for any purpose other than in the compounding of prescriptions or other. medicines, [Page 5071 THE TERRITORIES AND INSULAR POSSESSIONS (Tit. 23 [Page 508I the sale of which would not subject him to the payment of the special tax required of liquor dealers by the Unit- ed States, and the payment of such special tax by any person Within the parts of said State hereinabove de- fined shall constitute prima facie evidence of his inten- tion to violate the provisions of this Section. No sale shall be made except upon the sworn statement of the applicant in writing setting forth the purpose for which the liquor is to be used, and no sale shall be made for medicinal purposes except sales to apothecaries as here- in above provided unless such statement shall be accom- panied by a bona fide prescription signed by a regular practicing physician, which prescription shall not be filled more than once. Each sale shall be duly registered, and the register thereof, together with the affidavits and pre- Scriptions pertaining thereto, shall be open to inspection by any officer or citizen of said State at all times during business hours. Any person who shall knowingly make a false affidavit for the purpose aforesaid shall be deemed guilty of perjury. Any physician who shall prescribe any such liquor, except for treatment of disease which after his own personal diagnosis he shall deem to require such treatment, shall, upon conviction thereof, be punished for each offense by fine of not less than two hundred dol- lars or by imprisonment for not less than thirty days, Or by both such fine and imprisonment; and any person connected with any such agency who shall be convicted of making any sale or other disposition of liquor Con- trary to these provisions shall be punished by imprison- ment for not less than one year and Olne day. Upon the admission of said State into the Union these provi- sions shall be immediately enforceable in the Courts of said State. Third. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title in or to any unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian, tribe, or nation; and that until the title to any such public land shall have been extinguished by the United States, the same shall be and remain subject to the jurisdiction, disposal, and control of the United States. That land be- longing to citizens of the United States residing without the limits of said State shall never be taxed at a higher rate than the land belonging to residents thereof; that no taxes shall be imposed by the State on lands or prop- erty belonging to or which may hereafter be purchased by the United States or reserved for its use. Fourth. That the debts and liabilities of said Territory of Oklahoma shall be assumed and paid by Said State. Fifth. That provisions shall be made for the establish- ment and maintenance of a system of public Schools, Which shall be open to all the children of said State and free from sectarian control; and said schools shall, always be conducted in English: Provided, That nothing , herein shall preclude the teaching of other languages in said public schools: And provided further, That this shall not be construed to prevent the establishment and main- tenance of separate schools for white and colored chil- dren. Sixth. That said State shall never enact any law re- stricting or abridging the right of Suffrage on account of race, color, or previous condition of Servitude. (June 16, 1906, c. 3335, § 3, 34 Stat. 269.) • § 4. (Related to the election to adopt the constitution to be submitted thereat, the proclamation of the result thereof, and the proclamation admitting Oklahoma as a state. Onitted.) § 5. (Made an appropriation for the expenses of the election to elect delegates to the constitutional convention and the election to determine the adoption of the Con- Stitution. Omitted.) § 6. (Related to the representation of Oklahoma in Con- gress. Omitted.) § 7. Upon the admission of the State into the Union sections numbered sixteen and thirty-six, in every town- ship in Oklahoma Territory, and all indemnity lands here- tofore selected in lieu thereof, are hereby granted to the State for the use and benefit of the Common Schools; Provided, That sections sixteen and thirty-six embraced in permanent reservations for national purposes shall not at any time be subject to the grant nor the indemnity provisions of this Act, nor shall any lands erhbraced in Indian, military, or other reservations of any character, nor shall land owned by Indian tribes or individual mem- bers of any tribe be subjected to the grants or to the indemnity provisions of this Act until the reservation shall have been extinguished and such lands be restored to and become a part of the public domain: Provided, That there is Sufficient untaken public land within said State to cover this grant: And provided, That in case any of the lands herein granted to the State of Oklahoma. have heretofore been confirmed to the Territory of Ok- lahoma for the purposes specified in this Act, the amount so confirmed shall be deducted from the quantity speci- fied in this Act. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of five mil- lion dollars for the use and benefit of the common schools of Said State in lieu of sections sixteen and thirty-six, and other lands of the Indian Territory. Said appropria- tion shall be paid by the Treasurer of the United States at , such time and to such person or persons as may be authorized by said State to receive the same under laws to be enacted by said State, and until said State shall enact such laws said appropriation shall not be paid, but Said. State shall be allowed interest thereon at the rate of three per centum per annum, which shall be paid to said State for the use and benefit of its public schools. , Said appropriation of five million dollars shali be held and invested by said State, in trust, for the use and benefit of Said Schools, and the interest thereon shall be used exclusively in the support and maintenance of Said Schools: Provided, That nothing in, this Act contained Shall repeal or affect any Act of Congress relating to the Sulphur Springs Reservation as now defined or as may be hereafter defined or extended, or the power of the United States over it or any other lands embraced in the State hereafter set aside by Congress as a national park, game preserve, or for the preservation of objects of archaeological or ethnological interest; and nothing con- tained in this Act shall interfere with the rights and ownership of the United States in any land hereafter set aside by Congress as national park, game preserve, or other reservation, or in the said Sulphur Springs Reserva- tion, as it now is or may be hereafter defined or ex- tended by law ; but exclusive legislation, in all cases Whatsoever, shall be exercised by the United States, which shall have exclusive control and jurisdiction over the Same; but nothing in this proviso contained shall be con- Strued to prevent the service within said Sulphur Springs Reservation or national parks, game preserves, and other reservations hereafter established by law, of civil and Criminal processes lawfully issued by the authority of Said State, and said State shall not be entitled to select indemnity school lands for the thirteenth, sixteenth, thir- ty-third, and thirty-sixth sections that may be embraced Within the metes and bounds of the national park, game preserve, and other reservation or the Said Sulphur Springs Reservation, as now defined or may be hereafter defined. (June 16, 1906, c. 3335, § 7, 34 Stat. 272.) § 8. Section thirteen in the Cherokee Outlet, the Ton- kawa, Indian Reservation, and the Pawnee Indian Reser- vation, reserved by the President of the United States by proclamation issued August nineteenth, eighteen hun- dred and ninety-three, Opening to settlement the Said lands, and by any Act or Acts of Congress since said date, and section thirteen in all other lands which have been or may be opened to settlement in the Territory of Oklahoma, and all lands heretofore selected in lieu there- of, is hereby reserved and granted to said State for the use and benefit of the University of Oklahoma and the TJniversity Preparatory School, one-third; of the normal Schools now established or hereafter to be established, one-third; and of the Agricultural and Mechanical Col- lege and the Colored Agricultural Normal University, one- third. The said lands or the proceeds thereof as above apportioned shall be divided between the institutions as the legislature of said State may prescribe: Provided, That the said lands so reserved or the proceeds of the sale thereof shall be safely kept or invested and held by said State, and the income thereof, interest, rentals, or otherwise, only shall be used exclusively for the benefit of said educational institutions. Such educational institu- tions shall remain under the exclusive control of Said State, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or the income or rentals thereof, Shall be used for the support of any religious or Sectarian School, col- lege, or university. That section thirty-three, and all lands heretofore se- lected in lieu thereof, heretofore reserved under Said proclamation, and Acts for charitable and penal institu- tions and public buildings, shall be apportioned and dis- posed of as the legislature of said State may prescribe. Where any part of the lands granted by this Act to the State of Oklahoma are valuable for minerals, Which terms shall also include gas and oil, such lands shall not be sold by the said State prior to January first, nine- teen hundred and fifteen; but the same may be leased for periods not exceeding five years by the State officers duly authorized for that purpose, such leasing to be made by public competition after not less than thirty days' advertisement in the manner to be prescribed by law, and all such leasing shall be done under Sealed bids and awarded to the highest responsible bidder. The leas- ing shall require and the advertisement shall Specify in each case a fixed royalty to be paid by the Successful bidder, in addition to any bonus offered for the , lease, and all proceeds from leases shall be covered into the fund to which they shall properly belong, and no trans- fer or assignment of any lease shall be valid or Confer any right in the assignee without the consent of the prop- er State authorities in writing: Provided, however, That agricultural lessees in possession of such lands shall be reimbursed by the mining lessees for all damage done to said agricultural lessees’ interest therein by reason of Such mining operations. The legislature of the State may prescribe additional legislation governing such leases not % gºnnºt here with. (June 16, 1906, c. 3335, § 8, 34 Stat. Tit. 23) THE TERRITORIES AND INSULAR POSSESSIONS [Page 509] § 9. Said sections sixteen and thirty-six, and lands taken in lieu thereof, herein granted for the support of the com- mon Schools, if sold, may be appraised and sold at pub- lic sale in one hundred and sixty acre tracts or less, un- der Such rules and regulations as the legislature of the Said State may prescribe, preference right to purchase at the highest bid being given to the lessee at the time of Such Sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the Support of such schools. But said lands may, under Such regulations as the legislature may prescribe, be leased for periods not to exceed ten years; and such lands shall not be subject to homestead entry or any other entry under the land laws of the United States, .*. *. Or unsurveyed, but shall be reserved or school purposes only. (June 16, 1906, c. 3335, s Stat. 274.) y. ( 5, § 9, 34 § 10. Said sections thirteen and thirty-three, aforesaid, if Sold, may be appraised and sold at public sale, in one hundred and sixty acre tracts or less, under such rules and regulations as the legislature of said State may pre- scribe, preference right to purchase at the highest bid being given to the lessee at the time of such sale, but such lands may be leased for periods of not more than five years, under such rules and fegulations as the leg- islature shall prescribe, and until such time as the leg- islature shall prescribe such rules these and all other lands granted to the State shall be leased under exist- ing rules and regulations, and shall not be subject to homestead entry or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for designated purposes only, and until such time as the legislature shall prescribe as aforesaid such lands shall be leased under existing rules: Provid- ed., That before any of the said lands shall be sold, as provided in sections nine and ten of this Act, the said lands and the improvements thereon Shall be appraised by three disinterested appraisers, who shall be nonresi- dents of the county wherein the land is situated, to be designated as the legislature of said State shall prescribe, and the said appraisers shall make a true appraiserment of said lands at the actual cash value thereof, exclusive of improvements, and shall separately appraise all permanent improvements thereon at their fair and reasonable Value, and in case the leaseholder does not become the pur- chaser, the purchaser at said sale shall, under such rules and regulations as the legislature may prescribe, pay to or for the leaseholder the appraised value of Said improve- ments, and to the State the amount bid for the said lands, exclusive of the appraised value of improvements; and at said sale no bid for any tract at less than the appraise- . ment thereof shall be accepted. (June 16, 1906, c. 8335, § 10, 34 Stat. 274.) 11. An amount equal to five per centum of the pro- ceeds of the sales of public lands lying within . Said State shall be paid to the said State, to be used as a perma- nent fund, the interest only of which shall be expended for the support of the common schools within said State. (June 16, 1906, c. 3335, § 11, 34 Stat. 274.) § 12. In lieu of the grant of land for purposes of in- ternal improvement made to new States by the eighth section of the Act of September fourth, eighteen hundred and forty-one, which section is hereby repealed as to said State, and in lieu of any claim or demand of the State of Oklahoma, under the Act of September twenty- eighth, eighteen hundred and fifty, and Section tWenty- four hundred and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands, Which grant it is hereby declared is not extended to said State of Oklahoma, the following grant of land is hereby made to said State from public lands of the United States within said State, for the purposes indicated, namely : For the benefit of the Oklahoma, University, two hundred and fifty thousand acres; for the benefit of the Uni- versity Preparatory School, one hundred and fifty thou- sand acres; for the benefit of the Agricultural and Me- chanical College, two hundred and fifty thousand acres; for the benefit of the Colored Agricultural and Normal University, one hundred thousand acres; for the benefit of normal schools, now established or hereafter to be es- tablished, three hundred thousand acres. The lands grant- ed by this section shall be selected by the board for leaS- ing school lands of the Territory of Oklahoma immedi- ately upon the approval of this Act. Said selections as soon as made shall be certified to the Secretary of the Interior, and the lands so selected shall be thereupon with- drawn from homestead entry. (June 16, 1906, c. 8335, § 12, 34 Stat. 274.) - § 13. Said State when admitted as aforesaid shall con- stitute two judicial districts, to be known as the eastern district of Oklahoma and the western district of Okla- homa; the said Indian Territory shall constitute said eastern district, and the said Oklahoma Territory shall constitute said Western district. The circuit and district courts for the eastern district shall be held one term at Muscogee, one term at Vinita, one term at Tulsa, one term at South McAlester, one term at Chickasha, and one term at Ardmore, each year, and the circuit and district courts of the western district shall be held one term at Guthrie, one term at Oklahoma City, and one term at Enid, and one term at Lawton, each year, for the time being. And the said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit. There shall be appointed for each of Said districts one district judge, one United States attorney, and one United States marshal. There shall be appointed a clerk for each of said districts, who shall keep his office at Muscogee and Guthrie, respectively, for the time being. . The regular term of said courts shall be held at the places designated in this Act, at Muscogee on the first Monday in January and at Vinita on the first Monday in March and at Tulsa, on the first Monday in April ; at South McAlester on the first Monday in June; at Ardmore on the first Monday in October; at Chickasha on the first Monday of November; at Guthrie on the first Monday in January; at Oklahoma City on the first Monday in March; at Enid on the first Monday in June, and at Lawton on the first Monday in October, in each year, and One grand jury shall be summoned in each year in each of said circuit and district courts. The cir- cuit and district courts for each of said districts, and the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties re- quired to be performed by the other circuit and district courts and judges of the United States, and shall be gov- erned by the same laws and regulations. The marshal, district attorney, and clerk of each of the circuit and district courts of said districts, and all other officers and persons performing duties in the administration of jus- tice therein, shall severally possess the powers and per- form the duties lawfully required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation now allowed by law to Officers per- forming similar services for the United States in other districts of the United States; and that the laws in force in the Territory of Oklahoma, as far as applicable, shall extend over and apply to said State until changed by the legislature thereof. (June 16, 1906, c. 3335, § 13, 34 Stat. 275.) See § 1088. § 14. AII prosecutions for crimes or offenses hereafter committed in either of said judicial districts as hereby constituted shall be cognizable within the district in which committed, and all prosecutions for Crimes Or Of- fenses committed before the passage of this Act in which indictments have not yet been found or proceedings, in- stituted shall be cognizable within the judicial district as hereby constituted in which such crimes or offenses Were committed. (June 16, 1906, c. 3335, § 14, 34 Stat. 275.) § 15. (Related to appeals or writs of error from SUL- preme Court of territory or United States circuit court of appeals to Supreme Court of United States previous to admission of Territory as a State. Omitted.) e § 16. (Related to the transfer of certain pending Civil causes and criminal cases to the United States circuit and district courts. Omitted.) e § 17. (Related to determination of causes pending in the territorial courts and not transferred to the United States courts. Omitted.) § 18. The supreme court or other court of last resort of said State shall be deemed to be the successor Of Ter- ritorial appellate courts, and shall take and possess any and all jurisdiction as such not herein otherWise Spe. cifically provided for, and shall receive, and retain the custody of all books, dockets, records, and files not tra,InS- ferred to other courts as herein provided, . Subject to the duty to furnish transcript of all book entries in any Spe- cific case transferred to complete the record thereof. That all books, dockets, records, and files relating to the organization, management, and control of corporations which at the time of the approval of the Act of which this Act is amendatory were in the custody and possession Of the clerk of the United States court of appeals for the Indian Territory shall be transferred to the custody of the secretary of state of the State of Oklahoma, and the then clerk of said court shall certify to the identity of said books, dockets, records, and files, and When the said clerk of the United States court of appeals for the Indian Territory has certified all books, records, documents, and files in his office relating to corporations to the Secretary of the State of Oklahoma, it shall be the duty of the secretary of the State of Oklahoma to receive and re- tain the custody and control of the said records, books, documents, and files certified to him by the clerk of the court of appeals. for the Indian Territory, and When re- ceived by the secretary of state of Oklahoma. the Salme shall become a part of the records of the office. of the secretary of the State, and the secretary of state is here- by empowered to furnish copies and to certify to the same, whose certificate, when made under the great sea! of the state of Oklahoma, shall have the same force and effect as if the said books, records, documents, and files had been originally filed in the office of the secretary of the State of Oklahoma. (June 16, 1906, c. 8335, § 18, 34 Štat. 277, amended, March 3, 1909, c. 269, § 2, 35 Stat. 843.) § 19. The courts of original jurisdiction of such State shall be deemed to be the successor of all courts of Orig. inal jurisdiction of said Territories, and as such shall take and retain custody of all records, dockets, journals, and files of such courts except in causes transferred there- from, as herein provided; the files and papers in such 3 3425 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IIPage 5101 transferred cases shall be transferred to the proper Unit- ed States circuit or district court, together with a tran- script of all book entries to complete the record in Such particular case so transferred. (June 16, 1906, c. 8335, § 19, 34 Stat. 277.) . . § 20. (Related to the trial of pending causes not trans- ferred to the United States courts. Omitted.) § 21. The constitutional convention may by ordinance provide for the election of officers for a full State gov- ernment, including members of the legislature and five Representatives to Congress, and shall constitute the Osage Indian Reservation a separate county, and provide that it shall remain a separate county until the lands in the Osage Indian Reservation are allotted in severality and until changed by the legislature of Oklahorfia, and des– ignate the county seat thereof, and shall provide rules and regulations and define the manner of conducting the first election for officers in said county. Such State gov- ernment shall remain in abeyance until the State shall be admitted into the Union and the election for State officers held, as provided for in this Act. The State leg- islature when organized shall elect tWo Senators of the United States, in the manner now prescribed by the laws of the United States, and the governor and secretary of said State shall certify the election of the Senators and Representatives in the manner required by law; and said Senators and Representatives shall be entitled to be ad- mitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. And the officers of the . State government formed in pursuance of said con- stitution, as provided by said constitutional convention, shall proceed to exercise all the functions of Such State officers; and all laws in force in the Territory of Okla- homa at the time of the admission of said State into the Union shall be in force throughout Said State, ex- cept as modified or changed by this Act or by the Con- stitution of the State, and the laws of the United States not locally inapplicable shall have the same force and effect within said State as elsewhere within the United States. (June 16, 1906, c. 3335, § 21, 34 Stat. 277.) § 22. (Required the acceptance of the act by an irrevoca- ble ordinance. Omitted.) $ Chapter One—Provisions Common to All the Territories 3425. Rights of Indians not impaired by Title; 3426. Regulation of Indians. 3427. Executive power. 3428. Veto power. 3429. Secretary. 3430. Same; duties. 3431. Same; annual estimates for expenses. 3432. Governors and secretaries; salaries. 3433. Legislative power. 3434. Census and election. 3435. Time and place of holding election. 3436. Apportionment. 3437. Ilaws submitted to Congress. 3438. Extent of legislative power. 3439. Limit of time of sessions. 3440. Extraordinary sessions. 3441. Members of legislature; compensation. 3442. Same; prohibited from holding certain offices. 3443. Extra compensation to Officers. 3444. Justices of the peace and militia Officers. 3445. Vacancy in office of justice of the peace. 3446. Other Officers. 3447. Vacancies, how filled. 3448. Qualifications of voting and holding office; first election. 3449. Same; at subsequent elections. 3450. Same; bigamists. 3451. Subordinate, officers of legislature. 3452. Delegate to Congress. 3453. Same; election. 3454. Supreme Courts. 3455. Judicial districts and courts. 3456. Jurisdiction of justices of the peace. 3457. Chancery and common-law jurisdiction. 3458. Same; exercise under codes. 3459. Supreme Court; appellate jurisdiction. 3460. Same; clerk. - 3461. Cierk of district court. 3462. Register in chancery; residence and office. 3463. Judicial districts; how defined. 3464. Judges of Supreme Court to hear certain causes. 3465. District attorneys. 3466. Marshals. 3467. Appointment of certain officers. 3468. Oath of Office. 3469. Commencement of salaries of officers. 3470. Payment of salaries. 3471. Fees. 3472. Costs of trials of Indians. 3473. Salary not paid when officer absent. 3474. Seat of government in new Territory. 3475. Accounts and disbursements of Territories. 3476. Limitation on expenses; printing. 3477. , Same; legislature. 3478. Special charters; general incorporation acts. 3479. Local or special laws. 3480. Creating new counties and locating county seats. 8481. Subscribing to stock of corporation. 8482. Authorizing debt; limitation of total indebtedness. 3483. Indebtedness of municipal corporations. 3484. Bonds of municipal corporations; for sanitary purposes. 3485. Same; erection of city buildings and purchase of sites. Power of Congress to annul laws of legislatures. boundaries. 3487. suºuent acts of legislatures in conflict with act, WOICl. 8488. Divorce; residence. 3489. Right of religious corporations to hold real estate. 3490. Acquisition or ownership of land by aliens. 3491. Same; lands previously acquired. sº: acquisition by inheritance or in collection of € 0tS. Same; conveyance by aliens before escheat proceedings. 3494. Same; escheat proceedings. Same; condemnation and sale of lands. §§ 23-41. (Related to Arizona and New Mexico. Omitted.) Sec. 3496. Same; public lands and real estate in District of Co- lumbia. * 3497. Same; aliens; rights extended. 3498. Same; real estate in District of Columbia. 3499. Same; real estate in District of Columbia by alien owned corporations. 3500. Same; forfeiture of property. 3501. Same; foreign legations. 3502. Coal mines; inspectors; appointment. 3503. Same; inspectors; eligibility. 3504. Same; duties; reports. 3505. Same; inspectors; notice of unsafe condition of mine. 3506. Same; shafts, slopes, or outlets. 3507. , Same; ventilation; coal dust. 3508. Same; failure to comply with law. 3509. Same; escape shafts. 3510. Same; escape shaft; time for construction. 3511. Same; speaking tubes. 3512. Same; hoisting apparatus. 3513. Same; employment of children. 3514. Same; men in charge of hoisting apparatus or engines. 3515. Same; inspectors; performance of duty. 3516. Same; report of fatal accidents. 3517. Same; restraining operation of mine. 3518. Same; definitions. 3519. Same; inspectors; salary and traveling expenses. Same; act superseded by territorial Statute. 3521. Convicts; care and custody. 3522. Constitution and laws of United States applicable to all territories. 3523. R. S. §§ 4197–4200, applicable to trade between United States and noncontiguous territories, etc. 3524. Penitentiaries. 3525. Same; rules and regulations. 3526. Same; expenses. 3527. Same; imprisonment. § 3425. Rights of Indians not impaired by Title; boundaries—Nothing in this Title shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, So long as such rights remain unextinguished by treaty be- tween the United States and Such Indians, or to in- clude any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, em- braced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and Constitute no part of any Territory now or hereafter organized un- til such tribe signifies its assent to the President to lººted within a particular Territory. (R. S. § § 3426. Regulation of Indians—Nor shall any- thing in this Title be construed to affect the authority of the United States to make any regulations respect- ing the Indians of any Territory, their lands, proper- ty, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed, or is hereafter established, in any such Terri- tory. (R. S. § 1840.) .** § 3427. Executive power—The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his suc- CeSSOr is appointed and qualified, unless sooner re- moved by the President. He shall reside in the Terri- tory for which he is appointed, and shall be com- mander-in-chief of the militia thereof. He may grant Ch. 1) ź 3438 THE TERRITORIES AND INSULAR POSSESSIONS IPage 511] pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision Of the President can be made known thereon. He Shall COmmission all Officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. (R. S. § 1841.) § 3428. Veto power—Every bill which has pass- ed the legislative assembly of any Territory shall, be- fore it becomes a law, be presented to the governor. If he approve, he shall sign it, but if not he shall re- turn it, with his objections, to that house in which it Originated, and that house shall enter the Objections at large On its journal, and proceed to reconsider it. If, after such reconsideration, two-thirds Of that house agree to pass the bill, it shall be sent, together With the objections, to the other house, by which it Shall likewise be reconsidered ; and, if approved by two-thirds of that house, it shall become a law. But in all Such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons Voting for or against the bill shall be entered On the journal Of each house. If any bill is not re- turned by the governor within three days, Sundays eXcluded, except in Washington and Wyoming, where the term is five days, Sundays excluded, after it has been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legis- lative assembly, by adjournment sine die, prevent its return, in which case it shall not be a law. (R. S. § 1842.) - § 3429. Secretary—There shall be appointed a Secretary for each Territory, who shall reside within the Territory for Which he is appointed, and shall hold his Office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. In case of the death, removal, resignation, Or absence of the governor from the Territory, the Secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence Or until another governor is appointed and qualified. (R. S. § 1843.) § 3430. Same; duties—The secretary shall re- cord and preserve all the laws and proceedings of the legislative assembly, and all the acts and proceedings Of the governor in the executive department; he shall transmit One copy of the laws and journals of the leg- islative assembly, within thirty days after the end of each Session thereof, to the President, and two cop- ies of the laws, within like time, to the President of the Senate, and to the Speaker of the House of Rep- resentatives, for the use of Congress. He shall trans- mit one Copy of the executive proceedings and official correspondence semi-annually, on the first day of Jan- uary and July in each year, to the President. He shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the Territory, within ten days after the passage of each act. (R. S. § 1844.) § 3431. Same; annual estimates for expenses —Hereafter it shall be the duty of the secretary of each Territory to furnish estimates in detail for the lawful expenses thereof, to be presented to the Secre- tary of the Treasury on or before the first day of Oc- tober of every year. (June 20, 1874, c. 328, 18 Stat. 99.) § 343?. Governors and secretaries; salaries— From and after the first day of July, eighteen hundred and seventy-three, the annual salaries of the gov- ernors Of the several Territories shall be three thou- Sand five hundred dollars, and the Salaries of the secretaries shall be two thousand five hundred dol- lars each. (R. S. § 1845.) § 3433. Legislative power—The legislative pow- er in each Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a Council and house of representatives. The members of both branches of the legislative as- Sembly shall have the qualifications of voters as here- in prescribed. They shall be chosen for the term of tWO years, and the sessions of the respective legisla- tive assemblies shall be biennial. Each legislative aSSembly shall fix by law the day Of the commence- ment Of its regular sessions. The members of the Council and of the house of representatives shall re- side in the district or county for which they are re- spectively elected. (R. S. § 1846.) § 3434. Census and election—Previous to the first election for members of the legislative assembly of a Territory in which Congress may hereafter pro- vide a temporary government, the governor shall cause a census of the inhabitants and qualified voters Of the Several Counties and districts Of the Territory to be taken by such persons and in such, mode as he Imay designate and appoint, and the persons SO ap- pointed shall receive a reasonable compensation for their Services. And the first election shall be held at Such time and places, and be conducted in such man- ner, both as to the persons who superintend such elec- tion and the returns thereof, as the governor may di- rect ; and he shall, at the same time, declare the number of members of the council and housé of rep- resentatives to which each of the Counties or districts is entitled under the act providing such temporary government for the particular Territory. The persons having the highest number of legal votes in each of the districts for members Of the Council shall be declared by the governor to be duly elected to the Council; and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected mem- bers of that house; but in case two or more persons voted for have an equal number of votes, and in case a Va Cancy Otherwise OCCurs in either branch Of the legislative assembly, the governor shall Order a new election ; and the persons thus elected to the legisla- tive assembly shall meet at such place and On such day as the governor appoints. (R. S. § 1847.) § 3435. Time and place of holding election— After such first election, however, the time, place, and manner of holding elections by the people in any new- ly-created Territory, as well as of holding all such elections in Territories now Organized, shall be pre- scribed by the laws of each Territory. (R. S. § 1848.) § 3436. Apportionment—The apportionment of representation, which the governor is authorized to make by section eighteen hundred and forty-seven, in the case of a Territory hereafter erected by Congress, shall be as nearly equal as practicable almong the sev- eral districts and COunties for Stich first election of the Council and house of representatives, giving to each section of the Territory representation in the ra- tio of its population, except Indians not taxed ; and thereafter in Such new Territory, as well as in all Territories now organized, the legislative assemblies, respectively, may readjust and apportion the repre- sentation to the two houses thereof, among the sev- eral counties and districts, in such manner from time to time, as they deem just and proper; but the num- ber of either house, as authorized by law, shall not be increased. (R. S. § 1849.) § 3437. Laws submitted to Congress—All laws passed by the legislative assembly and governor of any Territory + + shall be submitted to Congress, and if disapproved, shall be null and of no effect. (R. S. § 1850.) § 3438. Extent of legislative power—The leg- islative power of every Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. But no law shall be passed interfering With the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. (R. S. § 1851.) ź 3439 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 512] § 3439. Limit of time of sessions—The sessions Of the legislative assemblies of the several Territories of the United States shall be limited to Sixty days' duration. (R. S. § 1852, amended, Dec. 23, 1880, c. 7, 21 Stat. 312.) § 3440. Extraordinary sessions—Hereafter no extraordinary session of the legislature of any Ter- ritory, wherever the same is now authorized, by law, shall be called until the reasons for the same have been presented to the President of the United States, and his approval thereof has been duly given. (June 22, 1874, c. 388, 18 Stat. 135.) - (R. S. § 1853. Superseded.) This section prescribed the compensation of members of territorial legislatures. It was superseded by § 3441. § 3441. Members of legislature; compensa- tion–From and after the adjournment of the next session of the several Territorial Legislatures the Council of each of the Territories of the United States shall not exceed twelve members and the House Of Representatives of each shall not exceed tWenty-four members, and the members of each branch Of the Said several legislatures shall receive a compensation of four dollars per day each during the sessions provided by law, and shall receive such mileage as the law pro- vides; and the President of the Council and the Speaker of the House of Representatives shall each receive six dollars per day for the same time. (June 19, 1878, c. 329, § 1, 20 Stat. 193.) § 3442. Same; prohibited from holding cer- tain offices—No member Of the legislative assembly of any Territory now organized shall hold Or be ap- pointed to any office which has been created, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, and for One year after the expiration Of Such term ; but this restriction shall not be ap- plicable to members of the first legislative assembly in any Territory hereafter Organized; and no person holding a Commission Or appointment under the Unit- ed States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any Territory. (R. S. § 1854.) § 3443. Extra compensation to officers—No law of any territorial legislature shall be made or en- forced by which the governor Or secretary of a Terri- tory, or the members or Officers of any territorial leg- islature are paid any Compensation. Other than that provided by the laws of the United States. (R. S. § 1855.) - § 3444. Justices of the peace and militia of- ficers—Justices of the peace and all general officers Of the militia in the several Territories shall be elect- ed by the people in Such manner as the respective leg- islatures may provide by law. (R. S. § 1856.) § 3445. Vacancy in office of justice of the peace—When from any cause there shall be a Vacancy in the Office of justice of the peace in any of the Ter- ritories of the United States, it shall be lawful to fill such vacancy by appointment or election, in such man- ner as has been or may be provided by the governor and legislative assembly of such Territory: Provided, That Such appointee, Or person elected to fill Such vacancy, shall hold Office Only until his successor shall be regularly elected and qualified as provided by law. (April 16, 1880, c. 56, 21 Stat. 74.) § 3446. Other officers—All township, district, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in Such manner as may be provided by the gov- ernor and legislative assembly of each Territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the ad- vice and consent of the legislative council of each Territory, shall appoint; but, in the first instance, where a new Territory is hereafter created by Con- gress, the governor alone may appoint all the officers referred to in this and the preceding Section and as- sign them to their respective townships, districts, and Counties; and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly. (R. S. § 1857.) § 3447. Vacancies, how filled—In any of the Territories, whenever a vacancy happens from resig- nation Or death, during the recess of the legislative Council, in any office which, under the organic act of any Territory, is to be filled by appointment of the governor, by and With the advice and Consent of the Council, the governor shall fill such vacancy by grant- ing a COImmission, which shall expire at the end of the next session of the legislative council. (R. S. § 1858.) - § 3448. Qualifications of voting and holding office; first election—Every, male citizen above the age of twenty-One, including persons who have legally declared their intention to become citizens in any Ter- ritory hereafter organized, and who are actual resi- dents of such Territory at the time of the organiza- tion thereof, shall be entitled to vote at the first elec- tion in Such Territory, and to hold any office therein ; Subject, nevertheless, to the limitations specified in the next section. (R. S. § 1859.) § 3449. Same; subsequent elections—At all Subsequent elections, however, in any Territory here- after Organized by Congress, as well as at all elec- tions in Territories already organized, the qualifica- tions Of voters and of holding office shall be such as may be prescribed by the legislative assembly of each Territory; subject, nevertheless, to the following re- strictions on the power of the legislative assembly, namely: - First. The right of suffrage and of holding office Shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age Who have declared on oath, before a com- petent Court of record, their intention to become such and have taken an oath to support the Constitution and Government of the United States. - Second. There shall be no denial of the elective franchise or of holding office to a citizen on account Of race, Color, or previous condition of servitude. Third. No officer, soldier, seaman, mariner, or oth- er person in the Army or Navy, or attached to troops in the Service of the United States, shall be allowed to vote in any Territory, by reason of being On Serv- ice therein, unless such Territory is, and has been for the period of six months, his permanent domicile. Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appoint- ment in any Territory, except officers of the Army on the retired list. (R. S. § 1860, amended, March 3, 1883, c. 134, 22 Stat. 567.) § 3450. Same; bigamist—No polygamist, biga- mist, Or any person cohabiting with more than one WOman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any Territory or other place over which the United States have eXclusive jurisdiction, shall be entitled to vote at any election held in any such Territory, or other place, Or be eligible for election or appointment to or be entitled to hold any office or place of public trust, honor, or emolument in, under, or for any such Terri. tory or place, or under the United States. (March 22, 1882, c. 47, § 8, 22 Stat. 31.) (R. S. § 1861. Repealed.) This section prescribed the subordinate officers of the territorial legislatures and the compensation of each. It Was repealed and a substitute in lieu thereof was enacted by Act June 19, 1878, c. 329, § 1. See § 3451. * § 3451. Subordixlate officers of legislature— The Subordinate Officers. Of each branch of Said Territorial legislatures shall consist of one Chief Clerk, Who shall receive a COmpensation of six dol- lars per day ; One enrolling and engrossing clerk at five dollars per day; sergeant-at-arms and doorkeep- er, at five dollars per day; one messenger and watch- man, at four dollars per day each; and one chaplain, at One dollar and fifty Cents per day. Said Sums Shall be paid. Only during the Sessions of said legis- Ch. 1) ź 3468 THE TERRITORIES AND INSULAR POSSESSIONs EPage 513] latures; and no greater number of officers or charges per diem shall be paid or allowed by the United States Yo any Territory. And section eighteen hundred and sixty-one of the Revised Statutes is hereby repealed, and this substituted in lieu thereof. (June 19, 1878, c. 329, § 1, 20 Stat. 193.) § 3452. Delegate to Congress—Every Terri- tory shall have the right to send a Delegate to the House of Representatives of the United States, to serve during each Congress, who shall be elected by the voters in the Territory qualified to elect members of the legislative assembly thereof. The person hav- ing the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Representatives, with the right of debating, but not of voting. (R. S. § 1862.) § 3453. Same; election—The first election of a Delegate in any Territory for which a temporary gov- ernment is hereafter provided by Congress shall be held at the time and places and in the manner the governor of such Territory may direct, after at least sixty days’ notice, to be given by proclamation ; but at all subsequent elections therein, as well as at all elections for a Delegate in Organized Territories, Such time, places, and manner of holding the elec- tion shall be prescribed by the law of each Territory. (R. S. § 1863.) § 3454. Supreme Courts—The Supreme Court Of every Territory shall consist of a chief justice and two associate justices, any two of whom shall Consti- tute a quorum, and they shall hold their Offices for four years, and until their successors are appointed and qualified. They shall hold a term annually at the seat of government of the Territory for which they are respectively appointed. (R. S. § 1864.) § 3455. Judicial districts and courts—Every Territory shall be divided into three judicial districts; and a district Court shall be held in each district Of the Territory by One of the justices of the Supreme Court, at such time and place as may be prescribed by law ; and each judge, after assignment, shall re- # in the district to which he is assigned. (R. S. § 865.) - (R. S. § 1866. Superseded.) This section provided for the limitation by law of the jurisdiction, both appellate and original, of the courts pro- vided for in R. S. §§ 1907, 1908, which sections prescribed the courts in which should be vested the judicial power in the then existing organized Territories. It Was Super- seded, with the sections referred to, by the admission of all said territories to the Union as States. § 3456. Jurisdiction of justices of the peace- No justices of the peace in any Territory shall have jurisdiction of any case in which the title to land, or the boundary thereof, in anywise comes in question. (R. S. § 1867.) - § 3457. Chancery and common-law jurisdic- tion—The Supreme Court and the district CourtS, re- spectively, of every Territory, shall possess chancery as well as common law jurisdiction. (R. S. § 1868.) § 3458. Same; exercise under codies—That it shall not be necessary in any of the courts of the Several Territories Of the United States to exercise separately the common-law and chancery jurisdic- tions vested in Said Courts; and that the Several codes and rules of practice adopted in said Terri- tories respectively, in So far as they authorize a min- gling of said jurisdictions or a uniform course of proceeding in all Cases Whether legal or equitable, be confirmed ; and that all proceedings heretofore had Or taken in Said COUrts in COnformity with said re- Spective Codes and rules of practice, so far as relates to the form and mode of proceeding, be, and the same are hereby, validated and confirmed: Provided, That no party has been or shall be deprived of the right Of trial by jury in Cases Cognizable at common-law. (April 7, 1874, c. 80, § 1, 18 Stat. 27.) COMP.ST.’18—33 dicial district. § 3459. Supreme Court; appellate jurisdic- tion—Writs of error, bills of exception, and ap- peals shall be allowed, in all cases, from the final decisions of the district Courts to the Supreme Court Of all Territories, respectively, under such regula- tion as may be prescribed by law ; but in no case removed to the Supreme Court shall trial by jury be allowed in that court. (R. S. § 1869.) § 3460. Same; clerk—The Supreme Court Of each Territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed. (R. S. § 1870.) § 3461. Clerk of district court—Each judge of the supreme court of the respective Territories shall designate and appoint one person as Clerk of the dis- trict over which he presides, where one is not already appointed, and shall designate and retain but One such clerk where more than One is already appointed, and only such district clerk shall be entitled to a COm- pensation from the United States. (R. S. § 1871.) § 3462. Register in chancery; residence and office—Every district clerk shall be also the register in chancery, and shall reside and keep his office at the place where the court is held. (R. S. § 1872.) § 3463. Judicial districts; how defined—Tem- porarily, and until otherwise provided by law, the governor of every Territory which imay be hereafter established shall define, by proclamation, the judicial districts of such Territory, and assign the judges ap- pointed for such Territory to the several districts as Well as fix the times and places for holding courts in the respective Counties or subdivisions of each ju- (R. S. § 1873.) § 3464. Judges of Supreme Court to hear cer- tain causes—The judges of the Supreme Court of each Territory are authorized to hold court within their respective districts, in the counties wherein, by the laws Of the Territory, Courts have been Or may be established, for the purpose of hearing and determin- ing all matters and causes, except those in which the United States is a party; but the expense of hold- ing such courts shall be paid by the Territory, or by the COunties in which the Courts are held, and the United States shall in no case be chargeable there- with. (R. S. § 1874.) - § 3465. District attorneys—There shall be ap- pointed in each Territory a person learned in the law, to act as attorney for the United States. He shall continue in Office for four years, and until his Successor is appointed and qualified, unless sooner removed by the President. (R. S. § 1875.) § 3466. Marshals—There shall be appointed a marshal for each Territory. He shall execute all pro- cess issuing from the territorial courts when exer- Cising their jurisdiction as Circuit and district CourtS of the United States. He shall haye the power and perform the duties, and be subject to the regulations and penalties, imposed by law on the marshals for the several judicial districts of the United States. He shall hold his Office for four years and until his Suc- Cessor is appointed and qualified, unless sooner re- moved by the President. (R. S. § 1876.) - § 3467. Appointment of certain officers—The governor, secretary, chief justice, and associate jus- tices, attorney, and marshal of every Territory shall be nominated and, by and with the advice and con- sent of the Senate, appointed by the President. (R. S. § 1877.) - § 3468. Oath of office—The governor and sec- retary for each Territory shall, before they act as such, respectively take an oath before the district judge, or some justice of the peace in the limits of the Territory for which they are appointed, duly au- thorized to administer Oaths by the laws in force therein, Or before the Chief Justice or some associ- ate justice of the Supreme Court of the United States, to support the Constitution of the United States and & 3469 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS ..º. Of the United States. faithfully to discharge the duties of their respectiv Offices; and such oaths shall be certified by the per- Son before Whom the same are taken ; and such Cer- tificates shall be received and recorded by the secre- tary among the executive proceedings; and the Chief justice and associate justices, and all other civil of ficers appointed for any Territory, before they act as Such, shall take a like Oath before the governor Or Secretary, Or. Some judge Or justice Of the peace of the Territory who may be duly commissioned and Qualified, and such Oath shall be certified and trans- mitted by the person taking the same to the secretary, to be by him recorded as above directed ; but after the first qualification of the Officers herein Specified in the case Of a new Territory, as well as in all Or- ganized Territories, the like oath shall be taken, cer- tified, and recorded in Such manner and form as may * pºrted by the 1aw of each Territory. (R. S. 78.) § 3469. Commencement of salaries of officers —Hereafter payment of salaries of all officers of the Territories of the United States appointed by the President shall commence Only when the person ap- pointed to any such office shall take the proper Oath, and shall enter upon the duties of such office in such Territory; and said oath shall hereafter be administered in the Territory in which such office is held. (May 1, 1876, c. 88, 19 Stat. 43.) (R. S. § 1879. Superseded.) This section fixed the annual salaries of the chief jus- tice and associate justices “of all the Territories now organized” at $3,000 each. It was superseded by the ad- mission of all the organized Territories then existing to the Union as states. - - (R. S. §§ 1880, 1881. Superseded.) These sections prescribed the amounts of the salaries of the attorney of the United States and of the marshal for each territory. They were superseded by different provi- sions, prescribing the salaries and other compensation of district attorneys and marshals for particular districts, including the organized territories then existing of Act May 28, 1896, c. 252, §§ 6, 7, 9–15, and subsequent acts. See §§ 1418, 1419, 1421-1427. - § 3470. Payment of salaries—The salaries pro- vided for in this Title, to be paid to the governor, secretary, chief justices and associate justices, [dis- trict attorney, and marshall of the Several Terri- tories, shall be paid quarter-yearly at the Treasury (R. S. § 1882.) § 3471. Fees—The fees and costs to be allowed to the United States attorneys and marshals, to the clerks of the supreme and district Courts, and to jurors, witnesses, commissioners, and printers, in the Territories of the United States shall be the Same for similar services by such persons as prescribed in chapter sixteen, Title “The Judieiary,” and no other compensation shall be taxed or allowed. (R. S. § 1883.) - - - § 3472. Costs of trials, of Indians—Hereafter the costs of the trial of the cases in the Courts Of the several Territories tried pursuant to and for the Of- fenses named in section nine of the act entitled “An act making appropriations for the current and Con- tingent expenses of the Indian Department, and ful- filling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-six and for other purposes,” shall be audit- ed by the accounting officers of the Treasury and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States. (March 2, 1889, c. 412, § 11, 25 Stat. 1004.) . § 3473. Salary not paid when officer absent- When any officer of a Territory is absent therefrom, and from the duties of his office, no Salary shall be paid him during the year in which such absence OC- curs, unless good cause therefor be shown to the President, who shall officially certify his Opinion of such cause to the proper accounting Officer of the Treasury, to be filed in his office. (R. S. § 1884.) § 3474. Seat of government in new Territory —The legislative assembly of every Territory here- IIPage 5141 after organized shall hold its first session at Such time and place in the Territory as the governor there- of shall appoint and direct; and at the first SeSSiOn Of the legislative assembly, or as Soon thereafter as it may be deemed expedient, the governor and leg- islative assembly shall proceed to locate and establish the seat of government for the Territory at such place as they may think proper; but such place shall there- after be subject to be changed by the governor and legislative assembly. (R. S. § 1885.) § 3475. Accounts and disbursements of Ter- ritories—All accounts for disbursements, in the Ter- ritories of the United States, of money appropriated by Congress for the support of government therein, shall be settled and adjusted at the Treasury De- partment; and no act, resolution, or order of the leg- islature of any Territory, directing the expenditure of the sum, shall be deemed a sufficient authority for such disbursement, but sufficient vouchers and proof for the same shall be required by the accounting Of- ficers of the Treasury. No payment shall be made Or allowed, unless the Secretary of the Treasury has estimated therefor and the object been approved by Congress. No session of the legislature of a Territory shall be held until the appropriation for its expenses has been made. (R. S. § 1886.) - - (R. S. § 1887. Superseded.) This section provided that no expense for printing, ex- ceeding $4,000, including printing laws, journals, bills, and necessary printing of the same nature, should be incur- red for any session of the legislature of any of the Ter- ritories. It was superseded by a provision limiting the expenditure for public printing in any of the Territories to $2,500 for any one year, of Act June 19, 1878, c. 329, § 1, 20 Stat. 193, and by a provision of the same nature as this section, limiting the expense for printing for any Ses- sion of the legislature to $3,750, of Act Aug. 5, 1882, C. 389, § 1. See § 3476. - § 3476. Limitation on expenses; printing- Hereafter no expense for printing, exceeding three thousand seven hundred and fifty dollars, including printing laws, journals, bills, and necessary printing of the same nature, shall be incurred for any ses- sion of the legislature of any of the Territories. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 236.) § 3477. Same; legislature—No legislative as- sembly of a Territory shall, in any instance or under any pretext, exceed the amount appropriated by Con- gress for its annual expenses. (R. S. § 1888.) - § 3478. Special charters; general incorpora- tion acts—The legislative assemblies of the Several Territories shall not grant private charters Or Special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits, and for conducting the busi- ness of insurance, banks of discount and deposit (but not of issue) loan, trust, and guarantee associations, and for the construction or operation of rail-roads, wagon-roads, irrigating ditches, and the colonization and improvement of lands in connection thereWith, or for colleges, seminaries, churches, libraries, Or any other benevolent, charitable, or scientific association. (R. S. § 1889, amended, July 30, 1886, c. 818, § 5, 24 Stat. 171.) . . - § 3479.’ Irocal or special laws—The legislatures of the Territories Of the United States now Or here- after to be organized shall not pass local Or Special laws in any of the following enumerated cases, that iS to Say: Granting divorces. Changing the names of persons Or places. Laying out, opening, altering and Working roads or high WayS. - - - Vacating roads, town-plats, streets, alleys, and pub- lic grounds. - - Locating Or Changing COunty Seats. Regulating County and township affairs. Regulating the practice in Courts of justice. Regulating the jurisdiction and duties Of justices of the peace, police magistrates, and constables. Ch. 1) & 3485 THE TERRITORIES AND INSULAR POSSESSIONS IPage 5151 Providing for changes of venue in civil and criminal Cà.SéS. Incorporating cities, towns, or villages, or Chang- ing or amending the charter of any town, City, Or Village. - For the punishment of Crimes or misdemeanOrS. For the assessment and collection of taxes for Ter- ritorial, COunty, township, Or road purposes. - Summoning and impaneling grand or petit jurorS. Providing for the management of common schools. Regulating the rate of interest on money. - The Opening and conducting of any election Or des– ignating the place of Voting. The sale or mortgage of real estate belonging to minors or others under disability. The protection Of game Or fish. . Chartering or licensing ferries or toll bridges. Remitting fines, penalties, or forfeitures. Creating, increasing, or decreasing fees, percentage, or allowances of public officers during the term for which said officers are elected or appointed. Changing the law of descent. Granting to any corporation, association, Or in- dividual the right to lay down railroad tracks, or amending existing Charters for Such purpose. Granting to any corporation, association, Or indi- vidual any special or exclusive privilege, immunity, Or franchise whatever. . In all other cases where a general law can be made applicable, no special law shall be enacted in any of the Territories of the United States by the Territorial legislatures thereof. (July 30, 1886, c. 818, § 1, 24 Stat. 170.) § 3480. Creating new counties and locating county seats—Nothing in the act approved July thirtieth, eighteen hundred and eighty-six, entitled an act “to prohibit the passage of local Or Special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes,” shall be construed to prohibit the creation by Terri- torial legislatures of new counties and the location of the county seats thereof. (July 19, 1888, c. 679, § 2, 25 Stat. 336.) § 3481. Subscribing to stock of corporation- No Territory of the United States now or hereafter to be organized, or any political or municipal CorpO- ration or sub-division of any such Territory, shall hereafter make any subscription to the capital stock of any incorporated company, or company Or associa- tion having Corporate powers, Or in any manner loan its Credit to or use it for the benefit Of any Such company Or association, Or borrow any money for the use of any such company or association. (July 30, 1886, c. 818, § 2, 24 Stat. 171.) § 3482. Authorizing debt; tal indebtedness—NO law of any Territorial legis- lature shall authorize any debt to be contracted by Or on behalf of such Territory except in the follow- ing cases: To meet a casual deficit in the revenues, to pay the interest upon the Territorial debt, to Sup- press insurrections, or to provide for the public de- fense, except that in addition to any indebtedness' created for such purposes, the legislature may all- thorize a loan for the erection of penal, charitable or educational institutions for Such Territory, if the final indebtedness of the Territory is not thereby made to exceed. One per centum upon the assessed value of the taxable property in such Territory as shown by the last general assessment for taxation. And nothing in this act shall be construed to pro- Hibit the refunding of any existing indebtedness of such Territory or of any political or municipal corpo- ration, county, or other sub-division therein. (July 30, 1886, c. 818, § 3, 24 Stat. 171.) § 3483. Indebtedness of municipal corpora- tions—No political Or municipal CorpOration, COunty, or other subdivision in any of the Territories of the TJnited States Shall ever become indebted in any manner Or for any purpose to any amount in the ag- limitation of to- gregate, including existing indebtedness, exceeding four per centum on the value of the taxable property within such corporation, county, or subdivision, to be ascertained by the last assessment for Territorial and county taxes previous to the incurring of such indebtedness; .- of such amount given by such corporation shall be void: That nothing in this act contained shall be SO and all bonds or obligations in exceSS construed as to affect the validity of any act of any Territorial legislature heretofore enacted, or of any Obligations existing or contracted thereunder, nor to preclude the issuing of bonds already contracted for in pursuance of express provisions of law; nor to prevent any Territorial legislature from legalizing the acts of any county, municipal corporation, Or Sub- division of any territory as to any bonds heretofore issued or contracted to be issued. (July 30, 1886, C. 818, § 4, 24 Stat. 171.) - § 3484. Bonds of municipal corporations; for sanitary purposes—The Act of Congress approved July thirtieth, eighteen hundred and eighty-six, en- titled “An act to prohibit the passage of local Or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other pur- poses,” is hereby amended so as to permit, authorize, and legalize the issuance of bonds by chartered mu- nicipal corporations having a bona fide population of not less than one thousand persons, as ShoWn by the last school census taken before any election to be held under the provisions of this Act, in any Territory of the United States, for sanitary and health purposes the construction of Sewers, Water- works, and the improvement of streets. The limita- tions of said Act of July thirtieth, eighteen hundred and eighty-six, shall not apply to such municipal COr- porations: Provided, That before any bonds shall be issued the mayor and common Council of said charter- ed municipal corporations shall cause an election to be held in such city or town, and the mayor and Common Council of such municipal Corporation shall cause to be published, in a newspaper of general cir- culation published in such city or town, a notice of the time and place Or places of holding Such election. Such notice shall be given at least thirty days before such election. On the question of the issuance of said bonds no person shall be qualified to vote except he be in all respects a qualified elector and owner of real or personal property subject to taxation with- in the municipality. In case two-thirds of the quali- fied voters, as above described, shall vote affirmatively for the issuance of said bonds, then the mayor and Common council shall issue the same, and not other- wise. Said bonds shall contain all necessary pro- visions as to form, and such municipality shall pro- vide a proper sinking fund for the redemption of said bonds. Said bonds shall not bear a rate Of interest exceeding six per centum per annum, and the inter- est shall be paid semiannually, and none of said bonds shall be sold at less than their par value. (March 4, 1898, c. 35, 30 Stat. 252.) - § 3485. Same; erection of eity buildings and purchase of sites—The Act of Congress approved July thirtieth, eighteen hundred and eighty-six, en- titled “An Act to prohibit the passage of local or Special laws Of the Territories of the United States, to limit Territorial indebtedness, and for other pur- poses,” is hereby amended so as to permit, authorize, and legalize the issuance of bonds by chartered mu- nicipal corporations having a bona fide population of not less than ten thousand persons, in any Territory of the United States, for erecting a city building and purchasing the ground for the same. The limitations of said Act of July thirtieth, eighteen hundred and eighty-six, shall not apply to Such municipal COrpO- rations: Provided, That before any bonds shall be issued the mayor and COmmon COuncil of such mu- nicipal Corporation shall cause an election to be beld in such city or town, and the mayor and common coun- Cil. Of Such municipal Corporation shall cause to be & 8486 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 516] published in a newspaper of general circulation pub- lished in said city or town a notice of the time and place or places of holding such election. Such notice shall be given not more than sixty nor less than thirty days before such election. On the question. Of the issuance of said bonds no person shall be qualified to vote except he be in all respects a qualified elector and owner of real or personal property subject to taxation within the municipality. In case two-thirds of the qualified voters, as above described, shall Vote affirma- tively for the issuance of said bonds, then the mayor and common council shall issue the Same, and not . otherwise. Said bonds shall contain all necessary provisions as to form, and such municipality shall provide a proper sinking fund for the redemption of said bonds. Said bonds shall not bear a rate of in- terest exceeding five per centum, and the interest shall be paid semiannually, and none of Said bonds shall be sold at less than their par value: Provided further, That no city under this Act shall issue bonds in excess of thirty thousand dollars. (June 6, 1900, C. 820, 31 Stat. 683.) § 3486. Power of Congress to annul laws of legislatures—Nothing in this act contained shall be construed to abridge the power of Congress to annul any law passed by a Territorial legislature, or to modify any existing law of Congress requiring in any case that the laws of any Territory shall be submit- ted to Congress. (July 30, 1886, c. 818, § 6, 24 Stat. 171.) § 3487. Subsequent acts of legislatures in conflict with act, void—All acts and parts Of acts hereafter passed by any Territorial legislature in conflict with the provisions of this act shall be null and void. (July 30, 1886, c. 818, § 7, 24 Stat. 171.) § 3488. Divorce; residence—No divorce shall be granted in any Territory for any cause unless the par- ty applying for the divorce shall have resided Con- tinuously in the Territory for one year next pre- ceding the application. (May 25, 1896, c. 241, 29 Stat. 136.) § 3489. Right of religious corporationis to hold real estate—No corporation or association for religious or charitable purposes shall acquire Or hold real estate in any Territory, during the existence of the territorial government, of a greater value than fifty thousand dollars; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States; but existing vested rights in real estate shall not be impaired by the provisions of this sec- tion. (R. S. § 1890.) § 3490. Acquisition or ownership of land by aliens–NO alien Or perSOn who is not a citizen. Of the United States, or who has not declared his intention to become a citizen of the United States in the man- ner provided by law shall acquire title to or own any land in any of the Territories of the United States except as hereinafter provided: Provided, That the prohibition of this section shall not apply to Cases in which the right to hold Or dispose of lands in the United States is secured by existing treaties to citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer. (March 2, 1897, c. 363, § 1, 29 Stat. 618.) § 3491. Sarmie; lands previously acquired— This Act shall not apply to land now owned in any of the Territories of the United States by aliens, which was acquired on or before March third, eighteen hundred and eighty-seven, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the United States, and any alien who shall become a bona fide resident of the United States, Or shall have declared his intention to become a Citizen Of the United States in the manner provided by law, shall have the ºright to acquire and hold lands in either of the Territories of the United States upon the same terms as Citizens of the United States: Provided, That if any such resident alien shall cease to be a bona fide resident of the United States then Such alien shall have ten years from the time he ceases to be Such bona fide resident in which to alienate such lands. This Act shall not be construed to pre- vent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Terri- tories of the United States. (March 2, 1897, c. 363, § 2, 29 Stat. 618.) & § 3492. Same; acquisition by inheritance or in collection of debts—This Act shall not prevent aliens from acquiring lands or any interests therein by inheritance or in the ordinary course of justice in the collection of debts, nor from acquiring liens on real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforcing any such lien, nor from acquiring and holding title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter be fixed, or upon which a loan of money may have been hereto- fore or hereafter may be made and Secured: Provid- ed, however, That all lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the Unit- ed States and be forfeited as hereinafter provided. (March 2, 1897, c. 363, § 3, 29 Stat. 618.) § 3493. Same; conveyanee by aliens before escheat proceedings—Any alien who shall hereafter hold lands in any of the Territories of the United States in contravention of the provisions of this Act may nevertheless convey his title thereto at any time before the institution of escheat proceedings as here- inafter provided: Provided, however, That if any such conveyance shall be made by such alien, either to an alien or to a citizen. Of the United States, in trust and for the purpose and with the intention of evading the provisions of this Act, such conveyance shall be null and Void, and any Such lands SO COnvey- ed shall be forfeited and escheat to the United States. (March 2, 1897, c. 363, § 4, 29 Stat. 618.) § 3494. Same; escheat proceedings—It shall be the duty of the Attorney-General Of the United States, when he shall be informed Or have reason to believe that land in any of the Territories of the United States are being held contrary to the provisions of this Act, to institute or cause to be instituted suit in behalf of the United States in the district court Of the Territory in the district where such land or a part thereof may be situated, praying for the escheat Of the same On behalf of the United States to the Dnited States: Provided, That before any such suit is instituted the Attorney-General shall give or cause to be given ninety days' notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner of said land, or the person who last rendered the same for taxation, or his agent, and to all other persons having an interest in such lands of which he may have actual or con- structive notice. In the event personal notice can not be obtained in Some one of the modes above pro- vided, then said notice shall be given by publication in some newspaper published in the county where the land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county. (March 2, . 1897, c. 363, § 5, 29 Stat. 619.) § 3495. Same; condemnation and sale of lands—If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this Act, the Court try- ing Said Cause shall render judgment condemning such lands and Shall Order the same to be SOld as under execution; and the proceeds of Such sale, after de- ducting costs of such suit, shall be paid to the clerk Ch. 1) 3 3505 THE TERRITORIES AND INSULAR POSSESSIONS º [Page 517] Of Such court So rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs Or legal representatives; and if not claimed within the period of one year, such clerk shall pay the Same into the treasury of the Territory in which the lands may be situated, for the benefit of the available School fund of said Territory: Provided, That the de- fendant in any such escheat proceedings may, at any time, before final judgment, suggest and show to the Court that he has conformed with the law, either becoming a bona fide resident of the United States, Or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this Act, would entitle him to hold or own real estate, Which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable at- torney fee to be fixed by the court. (March 2, 1897, c. 363, § 6, 29 Stat. 619.) § 3496. Sazme; public lands and real estate in District of Columbia—This Act shall not in any mannel be Construed to refer to the District of Co- lumbia, nor to authorize aliens to acquire title from the United States to any of the public lands of the United States or to in any manner affect or change the laws regulating the disposal of the public lands Of the United States. And the Act of which this Act is an amendment shall remain in force and unchanged by this Act so far as it refers to or affects real estate in the District of Columbia. (March 2, 1897, c. 363, § 7, 29 Stat. 619.) A - § 3497. Same; aliens; the Act entitled “An Act to better define and regulate the rights Of aliens to hold and own real estate in the Territories,” approved March second, eighteen hundred and ninety-seven, be, and the same is here- by, amended so as to extend to aliens the same rights and privileges Concerning the acquisition, holding, OWning, and disposition of real estate in the District Of Columbia as by that Act are conferred upon them in respect of real estate in the Territories of the United States. (Feb. 23, 1905, c. 733, 33 Stat. 733.) § 3498. Same; real estate in District of Co- lumbia–It shall be unlawful for any person or per- SOns not citizens of the United States, or who have not lawfully declared their intention to become such Citizens, or for any Corporation not created by or un- der the laws Of the United States Or Of Some State Or Territory of the United States, to hereafter acquire, hold, Or OWn real estate so hereafter acquired, or any interest therein, [in any of the Territories Of the United States or] in the District of Columbia, ex- Cept such as may be acquired by inheritance or in good faith in the Ordinary course of justice in the collection of debts heretofore created: Provided, That the prohibition of this section shall not apply to Cases in Which the right to hold Or dispose Of lands in the United States is secured by existing treaties to the citizens or subjects of foreign Countries, which rights, so far as they may exist by force of any such treaty shall continue to exist so long as such treaties are in force, and no longer. (March 3, 1887, c. 340, § 1, 24 Stat. 476.) Text in brackets superseded by §§ 3490–3496. § 3499. Saxme; real estate in District of Co- lumbia by alien owned corporations—No corpora- tion or association more than twenty per centum of the Stock of which is or may be owned by any person Or perSOnS, COrpOration. Or Corporations, association Or. associations, not citizens of the United States, shall hereafter acquire or hold or own any real estate here- after acquired in [any of the Territories of the United States or of the District of Columbia. (March 3, 1887, c. 340, § 2, 24 Stat. 477.) - Text in brackets superseded by §§ 3490–3496. § 3500. Same; forfeiture of property—ATl property acquired, held, or owned in violation of the rights extended—That provisions of this act shall be forfeited to the Unit- ed States, and it shall be the duty of the Attorney General to enforce every such forfeiture by bill in equity Or Other proper process. And in any Suit Or proceeding that may be COImmenced to enforce the provisions Of this act, it shall be the duty of the Court to determine the very right of the matter with- out regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights either of the United States or of the parties concerned in any such proceeding arising Out Of the matters in this act mentioned. (March 3, 1887, c. 340, § 4, 24 Stat. 477.) - § 350l. Same; foreign legations—That an act entitled “An Act to restrict the ownership of real estate in the Territories to American Citizens, and SO forth,” approved March third, eighteen hundred and eighty-seven, be so amended that the Same shall not apply to or operate in the District of Columbia, so far as relates to the ownership of legations, or the ownership of residences by representatives of for- eign governments, or attachés thereof. (March 9, 1888, c. 30, 25 Stat. 45.) § 3592. Coal mines; inspectors; appoint- In ent—In each Organized and unorganized Territory of the United States wherein are located coal mines, the aggregate annual Output of which shall be in ex- cess of one thousand tons per annum, the President shall appoint a mine inspector, who shall hold office until his successor is appointed and qualified. Such inspector shall, before entering upon the discharge of his duties, give bond to the United States in the sum of two thousand dollars, Conditioned for the faithful discharge of his duties. (March 3, 1891, c. 564, § 1, 26 Stat. 1104.) . § 3503. Same; inspectors; eligibility.—No per- son shall be eligible for appointment as mine inspec- tor under section one of this act who, is not either a practical miner or mining engineer and who has not been a resident for at least six months in the Ter- ritory for which he shall be appointed; and no per- son who shall act as land agent, manager, or agent of any mine, or as mining engineer, or be interested in operating any mine in such Territory shall be at the same time an inspector under the provisions of this act. (March 3, 1891, c. 564, § 2, 26 Stat. 1104.) § 3504. Sarne; duties; reports—It shall be the duty of the mine inspector provided for in this act to make careful and thorough inspection of each coal mine operated in such Territory, and to report at least annually upon the condition of each Coal mine in said Territory with reference to the appliances for the safety of the miners, the number of air or ventilating shafts, the number of shafts for ingress or egress, the character and condition of the machinery for ventilating such mines, and the quantity of air sup- plied to same. Such reports shall be made to the governor of the Territory in which such mines are located and a duplicate thereof forwarded to the Secretary Of the Interior, and in the Case of an un- organized Territory directly to the Secretary of the Interior. (March 3, 1891, c. 564, § 3, 26 Stat. 1104) § 3505. Sayme; inspectors; notice of unsafe condition of raine—In case the said mine inspector shall report that any coal mine is not properly con- structed or not furnished with reasonable and prop- er machinery and appliances for the safety of the miners and other employees it shall be the duty of the governor of such Organized Territory it shall be the duty Of the Secretary of the Interior to give notice to the owners or managers of said Coal mine that the said mine is unsafe and notifying them in what par- ticular the same is unsafe, and requiring them to furnish or provide such additional machinery, slopes, entries, means of escape, ventilation, or other appli- ances necessary to the safety Of the miners and other employees within a period to be in said notice named, and if the same be not furnished as required in such 3 3506 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 518] notice it shall be unlawful after the time fixed in Such notice for the said owners or managers to oper- # * mine. (March 3, 1891, c. 564, § 4, 26 Stat. § 3506. Same; shafts, slopes or outlets—In all coal mines in the Territories of the United States the OWners Or managers Shall provide at least two shafts, slopes, or other outlets, separated by natural strata if not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress shall always be available to the perSOnS employed in Said mine. And in Case Of the failure of any coal mine to be so provided it shall be the duty of the mine inspector to make report Of Such fact, and thereupon motice shall issue, as pro- vided in section four of this act, and with the same force, and effect. 1105.) - § 3507. Sarne; ventilation; owners or managers of every coal mine shall provide an adequate amount of ventilation of not less than eighty-three and one-third cubic feet of pure air per second, or five thousand cubic feet per minute for every fifty men at work in said mine, and in like pro- portion for a greater number, which air shall by prop- er appliances or machinery be forced through Such mine to the face of each and every Working place, SO (March 3, 1891, c. 564, § 5, 26 Stat. as to dilute and render harmless and expel there- from the noxious or poisonous gases. Wherever it is practicable to do so the entries, rooms, and all Open- ings being operated in coal mines shall be kept well dampened with water to cause the coal dust to set- tle, and that when water is not obtainable at rea- sonable cost for this purpose accumulations of dust shall be taken out of the mine, and shall not be de- posited in way places in the mine where it would be again distributed in the atmosphere by the Ventilat- 'ing currents. (March 3, 1891, c. 564, § 6, 26 Stat. 1105, amended, July 1, 1902, c. 1356, 32 Stat. 631.) § 3508. Same; failure to comply with Haw— Any mine owner or manager who shall continue to operate a mine after failure to comply with the re- guirements of this act and after the expiration of the period named in the notice provided for in section four of this act, shall be deemed guilty of a misde- meanor, and shall be fined not to exceed five hundred dollars. (March 3, 1891, c. 564, § 7, 26 Stat. 1105.) § 3509. Same; escape shafts—In no case shall a furnace shaft be used or for the purposes of this act be deemed an escape shaft. (March 3, 1891, c. 564, § 8, 26 Stat. 1105.) * - : § 3510. Same; escape shaft; time for eon- struction—Escape shafts shall be constructed in compliance with the requirements of this act within six months from the date of the passage hereof, un- less the time shall be extended by the mine inspector, and in no case shall said time be extended to exceed one year from the passage of this act. (March 3, 1891, c. 564, § 9, 26 Stat. 1105.) r § 3511. Same; speaking tubes—A, metal speak- ing-tube from the top to the bottom of the shaft or slope shall be provided in all cases, so that conver- sation may be carried on through the same: 3, 1891, c. 564, § 10, 26 Stat. 1105.) § 3512. Same; hoisting apparatus—An approv- ed safety catch shall be provided and sufficient cover overhead. On every Carriage used in lowering or hoist- ing perSOnS. and pass upon the adequacy and safety of all such hoisting apparatus. (March 3, 1891, c. 564, § 11, 26 Stat. 1105.) - § 3513. Same; employment of enildren—No child under twelve years of age shall be employed in the underground workings of any mine. And no fa- ther or other person shall misrepresent the age of any- body so employed. Any person guilty of violating the provisions of this section shall be deemed guilty of a (March misdemeanor, and upon conviction thereof shall be 1891, c. 564, § 12, 26 Stat. 1105.) apparatus Or engines. coal dust—The - And the mine inspectors shall examine fined not to exceed one hundred dollars. (March 3, $ 8514. Same; men in charge of hoisting ap- paratus or engines—Only experienced and competent and SOber men shall be placed in charge of hoisting And the maximum number of perSOnS Who may ascend Or descend upon any cage Or hoisting apparatus shall be determined by the mine inspector. (March 3, 1891, c. 564, § 13, 26 Stat. 1106.) § 3515. Same; inspectors; performance of duty—It shall be lawful for any inspector to enter and inspect any COal mine in his district and the WOrk and machinery belonging thereto at all reason- able times, but SO as not to impede Or obstruct the Working of the mine; and to make inquiry into the State of the mine, Works, and machinery, and the Ventilation and mode of lighting the same, and into all matterS and things COnnected with Or relating to the safety Of the persons employed in or about the Same, and especially to make inquiry whether the provisions of this act are complied with; and the Owner Or agent is hereby required to furnish means necessary for such entry, inspection, examination and inquiry, Of Which the said inspector shall make an entry in the record in his Office, noting the time and material circumstances of the inspection. (March 3, 1891, c. 564, § 14, 26 Stat. 1106.) § 3516. Same; report of fatal accidents—III all cases of fatal accident a full report thereof shall be made by the mine OWner Or manager to the mine inspector, said report to be in the writing and made within ten days after such death shall have occur- red. (March 3, 1891, c. 564, § 15, 26 Stat. 1106.) § 3517. Same; restraining operation of mine —As a cumulative remedy, in case of the failure Of any owner or manager of any mine to comply with the requirements contained in the notice of the Governor of such Territory or the Secretary of the Interior, given in pursuance of this act, any court of Compe- tent jurisdiction, or the judge of such court in Vaca- tion, may, on application of the mine inspector in the name of the United States and supported by the recommendation of the governor of said Territory, Or of the Secretary of the Interior, issue an injunction restraining the further operation of such mine until such requirements are complied with, and in order to obtain such injunction no bond shall be required. (March 3, 1891, c. 564, § 16, 26 Stat. 1106.) § 3.518. Same; definitions—Wherever the term “owner or manager” is used in this act the same shall include lessees or other persons controlling the Opel- ation of any mine. And in case of the violation of the provisions of this act by any Corporation the managing officers and superintendents, and Other man- aging agents of such corporation, shall be personally liable and shall be punished as provided in act for owners and managers. (March 3, 1891, c. 564, § 17, 26 Stat. 1106.) - - § 3519. Same; inspectors; salary and travel- ing expenses—The mine inspectors provided for in this act shall each receive a salary Of tWO thousand per annum, and their actual traveling expenses When engaged in their duties. (March 3, 1891, C. 564, § 18, 26 Stat. 1106.) \ § 3520. Same; act superseded by territorial statute—Whenever an organized Territory shall make or has made provision by law for the safe Operation of mines within such Territory, and the governor of such Territory shall certify said fact with a copy of the said law to the Secretary of the Interior then and thereafter the provisions of this act Shall no longer be enforced in such organized Territory, but in lieu thereof the statute of such Territory shall be operative in lieu of this act. (March 3, 1891, c. 564, § 19, 26 Stat. 1106.) - § 3521. Gonvicts; care and custody—The leg- islative assemblies of the several Territories of the United States may make such provision for the Care Ch. 3A) a 3527 THE TERRITORIES AND INSULAR POSSESSIONS IPage 519.1 and custody of Such persons as may be convicted of crime under the laws of such Territory as they shall deem proper, and for that purpose may authorize and Contract for the Care and custody of such convicts in any other Territory or State, and provide that such person Or perSOnS may be sentenced to confinement ac- cordingly in such other Territory or State, and all existing legislative enactments of any of the Terri- tories for that purpose are hereby legalized: Provid- ed, That the expense of keeping such prisoners shall be borne by the respective Territories, and no part thereof shall be borne by the United States. (June 16, 1880, c. 235, 21 Stat. 277.) § 3522. Constitution and laws of United States applicable to all territories—The Constitu- tion and all laws Of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter Organized as elsewhere within the United States. (R. S. § 1891.) § 3523. R. S. §§ 4197–4200, applicable to trade between United States and morneontiguous territories, etc.—The provisions Of Sections four thousand One hundred and ninety-seven to four thou- Sand two hundred, inclusive, Of the Revised Statutes Of the United States, requiring Statements of quantity and value of goods carried by vessels clearing from the United States to foreign ports, shall be extended to and govern, under such regulations as the Secre- tary of the Treasury shall prescribe, in the trade be- tween the United States and Hawaii, Porto Rico, Alas- ka, the Philippine Islands, Guam, and its other non- Contiguous territory, and shall also govern in the trade Conducted between said islands and territory, and in shipments from said islands or territory to other parts of the United States: Provided, That this law shall not apply in the Philippine Islands during such time as the collectors Of Customs Of those islands are under the jurisdiction of the War Department. (April 29, 1902, c. 637, 32 Stat. 172.) See §§ 7789–7792. § 3524. Penitentiaries—Any penitentiary which has been, Or may hereafter be, erected by the Unit- ed States in an Organized Territory shall, when the same is ready for the reception of Convicts, be plac- ed under the care and Control of the marshal Of the TJnited States for the Territory or District in which such penitentiary is situated. (R. S. § 1892.) § 3.525. Same; rules and regulations—The At- torney-General of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the marshal having charge thereof: shall cause them to be duly and faithfully ex- ecuted and obeyed, and the reasonable Compensation of the marshal and his deputies for their services un- der such regulations shall be fixed by the Attorney- General. (R. S. § 1893.) § 3526. Same; expenses—The compensation, as Well as the expense incident to the subsistence and employment Of Offenders against the laws of the United States, who have been, or may hereafter be, sentenced to imprisonment in such penitentiary, shall be Chargeable on, and payable Out Of, the fund for de- fraying the expenses of Suits in which the United States are concerned, and of prosecutions for Offenses Committed against the United States; but nothing herein Shall be COnStrued to increase the maximum Compensation now allowed by law to those Officers. (R. S. § 1894.) § 3527. Same; imprisonment—Any person Con- victed by a Court of competent jurisdiction in a Ter- ritory, for a violation Of the laws thereof, and Sen- tenced to imprisonment, may, at the Cost of Such Ter- ritory, on such terms and conditions as may be pre- scribed by such rules and regulations, be received, sub- sisted, and employed in such penitentiary during the term of his imprisonment, in the same manner as if he had been convicted of an Offense against the laws of the United States. (R. S. § 1895.) Chapter Two—Provisions Concerning Particular Organized Territories (R. S. §§ 1896–1953. Superseded.) These Sections, relating to the then organized terri- tories, or one or more of them, were superseded by the admission of such territories as states. See note at be- gimming of this Title. Chapter Three—Provisions Relating to the Unorganized Territory of Alaska (R. S. §§ 1954–1976. Superseded and transferred.) This chapter included sections 1954-1976 thereof. R. S. § 1954, extended the laws of the United States relating to customs, commerce, and navigation to the Territory. It was Superseded by subsequent similar provisions, par- ticularly of Act Aug. 24, 1912, c. 387, §§ 1, 3 (§§ 3528, 3530). R. S. § 1955, provided for restriction or prohibition of im- portation and use of fire-arms, ammunition, and distilled spirits into and within the Territory. It was repealed by Act March 3, 1899, c. 429, § 142, 30 Stat. 1274. R. S. §§ 1954, 1955, are therefore omitted. The remaining Sections of this chapter, R. S. §§ 1956-1976, restricted and regulat- ed the killing of certain fur-bearing animals and of fur seals in the Territory or the waters thereof. They were to a great extent amended and re-enacted or otherwise superseded, or were repealed, by Subsequent acts, partic- ularly Act. March 3, 1899, c. 429, §§ 173–178, 30 Stat. 1279, and Act April 21, 1910, c. 183, 36 Stat. 326. The provi- sions remaining in force of said Sections and of the acts mentioned and other acts relating to the Subject, are placed under Title LVIF, “Protection of Fur Seals and Other Fur-Bearing Animals.” Chapter Three A–Alaska Alaska remained unorganized until 1884, subject to the provisions of Act July 27, 1868, c. 273, 15 Stat. 249, and subsequent acts, mostly incorporated into R. S. §§ 1954– 1976. A civil government therefor Was established by Act May 17, 1884, c. 53, 23 Stat. 24. A Criminal Code and Code of Criminal Procedure were enacted by Act March 3, 1899, c. 429, 30 Stat. 1253. A Code of Civil Procedure and a Civil Code were enacted by Act June 6, 1900, c. 786, 31 Stat. 321. It was constituted the territory of Alaska, With further provisions for its government, by Act Aug. 24, 1912, c. 387, 37 Stat. 512. See note at the beginning of this Title. Sec. 3528. Territory organized. 3529. Capital at Juneau. Constitution and laws of United States extended. 3530. 3531. Legislature. 3532. Same; election of members. 3533. Same; convening and Sessions. 3534. Same; organization. 3535. Same; enacting clause; subject of act. 3536. Same; power; limitations. 3537. Same; rules, quorum, and majority. 3538. Same; member holding other office. 3539. Same; exemptions of members. Passage Of laws. Veto power. 3542. Legislative expenses. 3543. Transmission and printing of laws. 3544. Laws submitted to CongreSS. e 3544a. Powers of courts and legislature; costs of criminal prosecutions. 3545. Delegate. 3546. Election; voters. 3547. Same; districts in towns; Officers. 3548. Same; districts outside of towns; precincts. 3549. Same; board. Same; Watchers. - Same; vacancies in board. º 3552. Same; hours for voting; ballots. 3553. Samie; challenges; Voter. 3554. Same; canvass of votes; certificates of result. 3555. Same; canvassing board; CanWaSS. 3556. Same; election notices. 3557. Same; expenSeS. 3558. Same; Offenses. 3559. Same; time of holding. 3560. Governor; appointment; authority in general. 3561. Secretary; duties. 3562. Same; fees. 3563. Same; bond. 3564. District court; judges; divisions; officers. 3565. sº jurisdiction of divisions; change of place of trial. 3566. Same; clerks and commissioners. 3567. Same; clerks; duties. 3568. Same; district attorneys; duties. 3569. Marshals and deputies; powers. & B528 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS Sec. ... • 3570. Same; number. 3571. Same; increase of bond. 3572. Appointment and compensation of certain officers. 3573. Accounts of fees and expenses. - , Clerks’ bonds. - 3575. Recording districts. 3576. Record books; duties of recorders. 3577. Instruments to be recorded. 3578. Accounts for fees for instruments unrecorded. Notaries public; residence; term of office. 3580. Same; duties. 3581. Same; protests. 3582. Samé; records. 3583. Same; records. 3584. Same; bonds. 3585. Same; qualification and commission. 3586. Same; misconduct or neglect. 3587. Fees of OfficerS. • , 3588. Court rooms and offices; jails. 3589. Historical library and museum.; fund for. 3590. Same; fund for. º 3591. Same; depository of government publications. 3592. Alaska fund; how constituted. 3593. Same; appropriation of fund. 3593a. (1) Railroads; location, construction and operation. (2) Same; telegraph and telephone lines. (3) Same; authority of President. (4) Same; townsites. - (5) Same; terminals, stations and rights of way. 3593b. Same; cost of work; appropriation. 3593c. Disposition of proceeds of lease or sale of public lands. 3593d. Railroads; reports. 3593dd. Townsites; sale of Iots; disposition of proceeds. 3593e. Taxation of railroads. 3594. Roads and trails; board of road commissioners. 3594a. Same; board of road commissioners; Army officer as member; per diem commutation. 3595. Road overseers; road districts. 3596. Same; term of office; qualification. 3597. Same; duties. 3598. Same; duties; work on roads. 3599. Same; annual report. 3600. Same; duties; neglect or refusal. 3601. Same; compensation. 3602. Same; copies of laws relating to roads and trails. 3603. Public instruction; superintendent of public instruc- tion. 3604. Same; school districts; incorporated towns; boards. 3605. Same; school districts outside incorporated towns; boards. 3606. Same; school districts; incorporated towns; reports of clerks i 3607. Same; education of children and Eskimos and Indians. 3607a. Same; schools for white and colored children; ap- propriations. Same; teachers and other employés. Same; employés as special peace officers. 3610. Insane persons; commitment to asylum or Sanitarium. 3611. Same; contract for care and custody. Same; persons admitted to hospitals. 3612. Wharf at Sitka; charges. . Same; repairs. 3613. Reindeer. 3614. Eggs of certain wild birds. 3615. Game; protection of. 3616. Same; Open SeaSOInS. 3617. Same; number of animals or birds killed by one per- son; hunting with dogs, guns, or boats. 3618. Same; sale during close season. 3619. Same; hunting and shipping licenses. 3620. Same; shipments of wild birds or animals. 3621. Same; violations of law; forfeitures and punishments. 3622. Same; open season for birds extended. 3623. Fishing by aliens; sales to aliens. 3624. Same; penalties; liability of vessels. 3625. Same; jurisdiction of prosecutions. 3626. Same; searches and seizures of vessels; 3627. Same; regulations; enforcement of laws. 3628. License tax on canning fish. 3629. Same; exemptions; hatcheries. - 3630. Obstructions in Waters for capturing salmon. 3631. Nets, seines or traps restricted. 3632. Close season for salmon; stationary and floating traps. 3633. Spawning grounds. 3634. Canning or salting SalmOn. 3635. Waste or destruction of food fish. 3636. False labeling or branding of packages of fish. 3637. Reports of persons engaged in fishing industry. 3638. Manner of catching or killing fish, 3639. Inspector of fisheries and assistants. 3640. Same; agent and assistant agent. Same; officers and employés of Department of Com- merce for enforcement of law. * 3642. Same; punishment for violations of law. 3643. Same; jurisdiction of prosecutions. [Omitted.] 3643b. Manufacture or sale of intoxicating liquor prohibited. 3643bb. Transportation of pure alcohol by pharmacists. 3643c. Same; permits; application for. 3643cc. Same; permits; issue; form. 3643d. Same; permits; issue; contents; records of. arrests. [Page 520] Sec. - 3643dd. Same; permits; attaching to packages; cancellation. 3643e. Records of shipments of alcohol. 3643ee. Transportation of wine for sacramental purposes. 3643f. Same; refusal of delivery without certificates. 3643ff. Algºol for Scientific purposes; permits; application OI". • ‘. 3643g. Same; permits; form. 3643gg. Same; permits; cancellation. 3643h. Use of building or vehicle in violation of law. 3643hh. Importation of liquors except as provided by law. 3643i. Drinking liquors in or on passenger coach. 3343ii. Keeping place for sale of liquors. 3643.j. Arrest of persons charged with violations of act. 3643jj. Evidence to convict. 3643k. Liquor nuisances; maintenance; 3643kk. Same; actions for abatement. 36431. Same; violations of law by tenant; 3643tl. Same; knowingly permitting. 3643m. Property in alcoholic liquors illegally manufactured; Searches and seizures. s 3643mm. Punishment for violations of act. 3643n. Revocation of licenses of pharmacists, 3643nn. Evidence of sale of liquors. 36430. Duties of officers to enforce law. 364300. Informations for violations of law. 3643p. Importing, liquors in violation of law, 3643pp. Liquor licenses. 36434. Additional legislation by legislature. 364340. Singular includes plural and masculine feminine. 3643r. Time of taking effect of act; repeal. § 3528. Territory organized—The territory ced- ed to the United States by Russia by the treaty of March thirtieth, eighteen hundred and Sixty-Seven, and known as Alaska, shall be and constitute the Ter- ritory of Alaska under the laws of the United States, the government of which shall be organized and ad- ministered as provided by said laws. (Aug. 24, 1912, c. 387, § 1, 37 Stat. 512.) § 3529. Capital at Juneau—The capital of the Territory of Alaska shall be at the city of Juneau, Alaska, and the seat of government shall be maintain- ed there. (Aug. 24, 1912, c. 387, § 2, 37 Stat. 512.) § 3530. Constitution and laws of United States extended—The Constitution of the United States, and all the laws thereof which are not locally inapplicable, shall have the same force and effect with- in the said Territory as elsewhere in the United States ; that all the laws Of the United States hereto- fore passed establishing the executive and judicial de- partments in Alaska Shall continue in full force and effect until amended or repealed by Act of Congress; that except as herein provided all laws now in force in Alaska shall continue in full force and effect until altered, amended, or repealed by Congress or by the legislature: Provided, That the authority herein granted to the legislature to alter, amend, modify, and repeal laws in force in Alaska shall not extend to the customs, internal-revenue, postal, or other general laws of the United States or to the game, fish, and fur- Seal laws and laws relating to fur-bearing animals Of the United States applicable to Alaska, or to the laws Of the United States providing for taxes On business and trade, or to the Act entitled “An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and Support Of insane persons in the District of Alaska, and for other purposes,” approved January twenty-seventh, nineteen hundred and five, and the several Acts amendatory thereof: Provided, further, That this provision shall not operate to prevent the legislature from imposing other and additional taxes or licenses. And the legislature shall pass no law de- priving the judges and officers of the district court of Alaska of any authority, jurisdiction, or function exer- cised by like judges or officers of district courts of the United States. (Aug. 24, 1912, c. 387, § 3, 37 Stat. 512.) § 3531. Legislature—The legislative power and authority of said Territory shall be vested in a legis- lature, which shall consist of a Senate and a house of representatives. The senate shall consist of eight members, two from each of the four judicial divisions into which Alaska is now divided by Act of Congress, each Of Whom Shall have at the time Of his election the qualifications of an elector in Alaska, and shall abatement. forfeiture of lease. Ch. 3A) 3 3536 THE TERRITORIES AND INSULAR POSSESSIONS [Page 521] have been a resident and an inhabitant in the division from which he is elected for at least two years prior to the date of his election. The term of Office of each member of the Senate shall be four years: Provided, That immediately after they shall be assembled in Con- sequence of the first election they shall, by lot or drawing, be divided in each division into two classes; the Seats of the members of the first class Shall be Vacated at the end of two years and the seats of the members of the Second Class shall be Vacated at the end of four years, so that One member of the Senate shall, after the first election, be elected biennially at the regular election from each division. The house of representatives shall consist of sixteen members, four from each of the four judicial divisions into which Alaska is now divided by Act of Congress. The term of Office of each representative shall be for two years and each representative shall possess the same qualifi- cations as are prescribed for members of the Senate and the persons receiving the highest number Of legal votes in each judicial division cast in said election for senator or representative shall be deemed and declar- ed elected to Such office: Provided, That in the event Of a tie vote the candidates thus affected Shall settle the question by lot. In case of a vacancy in either branch of the legislature the governor shall Order an election to fill such vacancy, giving due and proper notice thereof. That each member of the legislature shall be paid by the United States the sum of fifteen dollars per day for each day’s attendance while the legislature is in session, and mileage, in addition, at the rate of fifteen cents per mile for each mile from his home to the capital and return by the nearest traveled route. (Aug. 24, 1912, c. 387, § 4, 37 Stat. 513.) See § 3564. § 3532. Same; election of members—The first election for members of the Legislature of Alaska shall be held on the Tuesday next after the first Mon- day in November, nineteen hundred and twelve, and all subsequent elections for the election of such members shall be held on the Tuesday next after the first MOn- day in November biennially thereafter; that the quali- fications of electors, the regulations governing the creation of voting precincts, the appointment and qual- ifications of election officers, the supervision of elec- tions, the giving of notices thereof, the forms of bal- lots, the register of votes, the challenging of Voters, and the returns and the canvass of the returns of the result of all such elections for members of the legisla- ture shall be the same as those prescribed in the Act of Congress entitled “An Act providing for the elec- tion of a Delegate to the House of Representatives from the Territory of Alaska,” approved May seventh, nineteen hundred and six, and all the provisions of said Act which are applicable are extended to Said elections for members of the legislature, and Shall govern the same, and the canvassing board Created by said Act shall canvass the returns Of Such elections and issue certificates of election to each member elect- ed to the said legislature; and all the penal provisions contained in section fifteen of the said Act shall apply to elections for members of the legislature as fully as they now apply to elections for Delegate from Alas- ka to the House of Representatives. (Aug. 24, 1912, c. 387, § 5, 37 Stat. 513.) See §§ 3545-3559. § 3533. Same; convening and sessions—The legislature of Alaska shall Convene at the capitol at the city of Juneau, Alaska, On the first Monday in March in the year nineteen hundred and thirteen, and on the first Monday in March every two years there- after ; but the said legislature shall not continue in session longer than sixty days in any two years unless again convened in extraordinary session by a procla- mation of the governor, which shall set forth the Ob- ject thereof and give at least thirty days’ written no- tice to each member of said legislature, and in such Case shall not continue in Session longer than fifteen days. The governor of Alaska is hereby authorized to Convene the legislature in extraordinary session for a period not exceeding fifteen days when requested to do so by the President of the United States, or when any public danger or necessity may require it. (Aug. 24, 1912, c. 387, § 6, 37 Stat. 514.) § 3534. Same; organization—When the legisla- ture shall convene under the law, the senate and house of representatives shall each organize by the election of one of their number as presiding officer, who shall be designated in the case of the Senate a S “president of the Senate” and in the case of the house of representatives as “speaker of the house of rep- resentatives,” and by the election by each body of the subordinate officers provided for in section eighteen hundred and sixty-one of the United States Revised Statutes of eighteen hundred and seventy-eight, and each of said subordinate officers shall receive the COm- pensation provided in that section: Provided, That no person shall be employed for whom Salary, Wages, Or compensation is not provided in the appropriation made by Congress. (Aug. 24, 1912, c. 387, § 7, 37 Stat. 514.) See § 3451. § 3535. Same; enacting clause; subject of act —The enacting clause of all laws passed by the legis- lature shall be “Be it enacted by the Legislature of the Territory of Alaska.” No law shall embrace more than one subject, which shall be expressed in its title. (Aug. 24, 1912, c. 387, § 8, 37 Stat. 514.) § 3536. Same; power; limitations—The legis- lative power of the Territory shall extend to all right- ful subjects of legislation not inconsistent with the Constitution and laws of the United States, but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of nonresidents be taxed higher than the lands or other property of residents; nor shall the legislature grant to any corporation, association, or in- dividual any special or exclusive privilege, immunity, or franchise without the affirmative approval Of Con- gress; nor shall the legislature pass local or Special laws in any of the cases enumerated in the Act of July thirtieth, eighteen hundred and eighty-six; nor shall it grant private charters or special privileges, but it may, by general act, permit persons to associate themselves together as bodies corporate for manufae- turing, mining, agricultural, and other industrial pur- suits, and for the conduct of business of insurance, savings banks, banks of discount and deposit (but not of issue), loans, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and Operation of railroads, Wagon roads, vessels, and irrigating ditches, and the coloniza- tion and improvement of lands in COnnection there- with, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific asso- ciation, but the authority embraced in this section shall only permit the organization of Corporations Or associations whose chief business shall be in the Ter- ritory of Alaska; no divorce shall be granted by the legislature, nor shall any divorce be granted by the courts of the Territory, unless the applicant therefor Shall have resided in the Territory for two year'S next preceding the application, which residence and all causes for divorce shall be determined by the Court upon evidence adduced in open Court; nor shall any lottery or the sale of lottery tickets be allowed; nor shall the legislature or any municipality interfere with or attempt in any wise to limit the ActS Of Congress to prevent and punish gambling, and all gambling im- plements shall be seized by the United States marshal or any of his deputies, or any constable or police of— ficer, and destroyed; nor shall spirituous Or intoxicat- ing liquors be manufactured or Sold, except under such regulations and restrictions as Congress shall provide; nor. shall any public money be appropriated by the Territory or any municipal corporation therein for 3 8536 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 522] the support or benefit of any sectarian, denomination- al, or private School, Or any School not under the ex- Clusive control of the Government; nor shall the Gov- ernment of the Territory of Alaska or any political or municipal Corporation or subdivision of the Terri- tory make any subscription to the capital stock of any incorporated Company, Or in any manner lend its cred- it for the use thereof; nor shall the Territory, or any municipal Corporation therein, have power or author- ity to create or assume any bonded indebtedness what- ever; nor to borrow money in the name Of the Terri- tory Or of any municipal division thereof; nor to pledge the faith of the people of the same for any loan whatever, either directly or indirectly ; nor to create, nor to assume, any indebtedness, except for the actual running expenses thereof; and no such indebt- edness for actual running expenses shall be Created or aSSümed in excess Of the actual income Of the Terri- tory or municipality for that year, including as a part Of such income appropriations then made by Congress, and taxes levied and payable and applicable to the payment of such indebtedness and Cash and other mon- ey Credits on hand and applicable and not already pledged for prior indebtedness: Provided, That all authorized indebtedness shall be paid in the order of its creation ; all taxes shall be uniform upon the same class Of Subjects and shall be levied and Collect- ed under general laws, and the assessments shall be according to the actual value thereof. No tax shall be levied for Territorial purposes in excess of one per centum upon the assessed valuation of property there- in in any one year; nor shall any incorporated town or municipality levy any tax, for any purpose, in ex- cess of two per centum of the assessed valuation of property within the town in any one year: Provided, That the Congress reserves the exclusive power for five years from the date of the approval Of this Act to fix and impose any tax or taxes upon railways or railway property in Alaska, and no acts or laws pass- ed by the Legislature of Alaska providing for a County form of government therein shall have any force or effect until it shall be submitted to and approved by the affirmative action of Congress; and all laws pass- ed, or attempted to be passed, by such legislature in said Territory inconsistent with the provisions of this section shall be null and void: Provided further, That nothing herein contained shall be held to abridge the right of the legislature to modify the qualifications of electors by extending the elective franchise to wo- men. (Aug. 24, 1912, c. 387, § 9, 37 Stat. 514.) See §§ 3486, 3487, 3544a. - § 3537. Same; Irules, quorum, and majority— The senate and house of representatives shall each choose its Own Officers, determine the rules Of its own proceedings not inconsistent with this Act, and keep a journal of its proceedings; that the ayes and noes of the members of either house on any question shall, at the request of one-fifth Of the members present, be entered upon the journal; that a majority of the members to which each house is entitled shall Consti- tute a quorum of such house for the conduct of busi- ness, of which quorum a majority vote shall suffice; that a smaller number than a quorum may adjourn from day to day and compel the attendance of absent members, in such manner and under such penalties as each house may provide ; that for the purpose of ascertaining whether there is a quorum present the presiding officer shall count and report the actual number of members present. (Aug. 24, 1912, c. 387, § 10, 37 Stat. 515.) § 3538. Same; member holding other office— No member of the legislature shall hold or be appoint- ed to any office which has been created, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elect- ed and for one year after the expiration of Such term ; and no person holding a commission or appointment under the United States shall be a member of the leg- islature or shall hold any office under the govern- ment of Said Territory. 37 Stat. 516.) * § 3539. Same; exemptions of members—No member of the legislature shall be held to answer be- fore any other tribunal for any words uttered in the exercise of his legislative functions. That the mem- bers of the legislature shall, in all cases except trea- (Aug. 24, 1912, c. 387, § 11, - Son, felony, or breach of the peace, be privileged from arrest during their attendance upon the sessions of the respective houses, and in going to and returning from the same: Provided, That such privilege as to going and returning shall not cover a period of more than ten days each way, except in the second division, When it shall extend to twenty days each way, and the fourth division to fifteen days each way. (Aug. 24, 1912, c. 387, § 12, 37-Stat. 516.) - § 3540. Passage of iaws—A bill in order to be- Come a law shall have three separate readings in each house, the final passage of which in each house shall be by a majority vote of all the members to which Such house is entitled, taken by ayes and noes, and entered upon its journal. That every bill, when pass- ed by the house in which it originated or in which amendments thereto shall have originated, shall im- mediately be enrolled and certified by the presiding Officer and the clerk and sent to the other house for Consideration. (Aug. 24, 1912, c. 387, § 13, 37 Stat. 516.) § 354 i. Veto power—Except as herein provided, all bills passed by the legislature shall, in Order to be valid, be signed by the governor. That every bill which shall have passed the legislature shall be certified by the presiding Officers and clerks of both houses, and shall thereupon be presented to the govern- Or. If he approves it, he shall sign it and it shall be- come a law at the expiration of ninety days thereaft- er, unless sooner given effect by a two-thirds vote of said legislature. If the governor does not approve such bill, he may return it, with his objections, to the legislature. He may veto any specific item or items in any bill which appropriates money for Specific purpos- es, but shall veto other bills, if at all, only as a whole. That upon the receipt of a veto message from the gov- ernor each house of the legislature shall enter the Same at large upon its journal and proceed to recon- sider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If, after such reconsideration, such bill or part of a bill Shall be approved by a two-thirds vote Of all the members to which each house is entitled, it shall thereby become a law. That if the governor neither signs nor vetoes a bill within three days (Sun- days excepted) after it is delivered to him, it shall become a law without his signature, unless the legis- lature adjourns sine die prior to the expiration of such three days. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by its adjournment, prevents the return of the bill, in which case it shall not be a law. (Aug. 24, 1912, c. 387, § 14, 37 Stat. 516.) § 3542. Legislative expenses—There shall be an- nually appropriated by CongreSS a Sum Sufficient to pay the Salaries Of members and authorized employees of the Legislature of Alaska, the printing of the laws, and other incidental expenses thereof; the said Sums shall be disbursed by the governor of Alaska, under Sole instructions from the Secretary of the Treasury, and he shall account quarterly to the Secretary for the manner in which the said funds shall have been expended; and no expenditure, to be paid out of money appropriated by Congress, shall be made by the governor or by the legislature for objects not au- thorized by the Acts of Congress making the appro- priations, nor beyond the Sums thus appropriated for such objects. (Aug. 24, 1912, c. 387, § 15, 37 Stat. 516.) § 3543. Transmission and printing of laws— The governor of Alaska shall, within ninety days aft- Ch. 3A) # 8548 THE TERRITORIES AND INSULAR POSSESSIONS ! IPage 5231 er the close of each Session Of the Legislature of the Territory of Alaska, transmit a correct copy of all the laws and resolutions passed by the said legislature, certified to by the secretary of the Territory, with the seal of the Territory attached ; one copy to the President of the United States, and One to the Secre- tary Of State Of the United States; and the legislature shall make provisions for printing the session laws and resolutions within ninety days after the close of each session and for their distribution to public offi- Cials and sale to the people of the Territory. (Aug. 24, 1912, c. 387, § 16, 37 Stat. 517.) § 3544. Laws submitted to Congress—All laws passed by the Legislature of the Territory Of Alaska shall be submitted to the Congress by the President of the United States, and, if disapproved by Congress, they shall be null and of no effect. (Aug. 24, 1912, C. 387, § 20, 37 Stat. 518.) § 35448. Powers of courts and legislature; costs of criminal prosecutions—Nothing in that Act of Congress entitled “An Act Creating a legislative a S- sembly in the Territory of Alaska and Conferring leg- islative power thereon, and for other purposes,” ap- proved August twenty-fourth, nineteen hundred and twelve, shall be so construed as to prevent the Courts now existing or that may be hereafter created in said Territory from enforcing within their respective juris- dictions all laws passed by the legislature Within the power conferred upon it, the same as if such laws Were passed by Congress, nor to prevent the legislature passing laws imposing additional duties, not inconsistent with the present duties of their respective offices, upon the governor, marshals, deputy marshals, clerks of the dis- trict courts, and United States commissioners acting as justices of the peace, judges of probate Courts, re- corders, and coroners, and providing the necessary ex- penses of performing such duties, and in the proS- ecuting of all crimes denounced by Territorial laws the costs shall be paid the same as is now Or may here- after be provided by Act of Congress providing for the prosecution of criminal offenses in said Territory, except that in prosecutions growing Out Of any revenue law passed by the legislature the costs shall be paid as in civil actions and such prosecutions shall be in the name of the Territory. (Aug. 29, 1914, c. 292, 38 Stat. 710.) - See §§ 3528–3544. - § 3545. Delegate—The people of the Territory of Alaska shall be represented by a Delegate in the Eſouse of Representatives of the United States, chosen by the people thereof in the manner and at the time hereinafter prescribed, and who shall be known as the Delegate from Alaska. Such Delegate shall at the time of his election have been for Seven years a Citi- zen of the United States, and shall be an inhabitant and qualified voter of the district of Alaska, and shall be not less than twenty-five years of age, and When duly chosen and qualified shall possess the same pow- ers and privileges and be entitled to the same rate of compensation as the Delegates in the House of Rep- resentatives from the Territories Of the United States: Provided, however, That such Delegate, in lieu of all Other allowances, shall, in addition to his Salary, re- Geive the sum of one thousand five hundred dollars per annum, which shall cover all mileage and other ex- penses except stationery allowance and compensa- tion for clerk hire. (May 7, 1906, c. 2083, § 1, 34 Stat. 169. 'cºmmºn of Delegate, see § 36. § 3546. Election; voters—All male citizens of the United States tWenty-One years of age and OVer who are actual and bona fide residents of Alaska, and who have been such residents continuously during the entire year immediately preceding the election, and who have been Such residents Continuously for thirty days next preceding the election in the precinct in which they vote, shall be qualified to vote.for the elec- tion of a Delegate from Alaska. (May 7, 1906, c. 2083, § 3, 34 Stat. 170.) § 3547. Same; districts in towns; officers- Each incorporated town in the district of Alaska Shall Constitute an election district, and where the popula- tion of such town exceeds one thousand inhabitants the Common council may, in their discretion, at least thirty days before the election, divide the district into two or more voting precincts and define the boundaries of each precinct; and the said Common Council shall also appoint, at least thirty days before the election, three judges of election and two Clerks for each voting precinct, all of whom shall be quali- fied voters of the precinct; and no more than two judges and one clerk shall belong to the same political party. The common council shall also, at least thirty days before the date of the election, provide a Suitable polling place for each voting precinct and give due notice of the election by posting a written or printed notice in three public places in each precinct, Specify- ing the time and place of the election, and in Case there are one or more newspapers of general Circu- lation published in the town, then a COpy Of Said notice shall also be published in One of Such newS- papers at least once a week for two consecutive Weeks next prior to the date of the election. (May 7, 1906, c. 2083, § 4, 34 Stat. 170.) § 3548. Same; districts outside of towns; pre- cincts—All of the territory in each recording district now existing or hereafter created situate Outside of an incorporated town shall, for the purposes of this act, Constitute one election district ; that in each year in which a Delegate is to be elected the commis- Sioner in each of said election districts shall, at least thirty days before the date of said first election, and at least Sixty days before the date of each subsequent election, issue an order and notice, signed by him and entered in his records in a book to be kept by him for that purpose, in which said order and notice he shall— First. Divide his election district into Such number of Voting precincts as may in his judgment be neces- Sary Or Convenient, defining the boundaries of each precinct by natural objects and permanent monu- Iments Or landmarks, as far as practicable, and in Such manner that the boundaries of each can be readily determined and become generally known from Such description, specify a polling place in each of said precincts, and give to each voting precinct an appropriate name by which the same shall thereafter be designated: Provided, however, That no such vot- ing precinct shall be established with less than thirty Qualified voters resident therein; that the precincts established as aforesaid shall remain as permanent precincts for all subsequent elections, unless discon- tinued or changed by Order of the commissioner Of that district. - - º Second. Give notice of said election, Specifying in Said notice, among other things, the date of such election, the boundary of the voting precincts as es- tablished, the location of the polling place in the pre- Cinct, and the hours between which said polling places Will be open. - - Said order and notice shall be given publicity by said commissioner by posting copies of the same at least twenty days before the date of said first elec- tion, and at least thirty days before the date of each SubSequent election. Said copies shall be posted as follows: One at the Office Of the commissioner in said district, and three copies to be posted in three Conspicuous public places in each of said voting pre- Cincts as established, one of which shall be the desig- nated polling place in each precinct; and Said Com- missioner shall also mail a Certified Copy of said order and notice to the governor of Alaska at his official residence. * w . That at least thirty days prior to the date of the holding of such election the Commissioner shall select, notify, and appoint from among the qualified electors in each Voting precinct three judges of election for said precinct, no more than two of whom Shall be # 3549 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 524] of the same political party. Said commissioner shall notify all of said judges of election of their appoint- ment as such, so that each and all of them shall re- ceive said notice at least ten days before the date of the election. (May 7, 1906, c. 2083, § 5, 34 Stat. 171.) § 3549. Same; board—The judges of election of each voting precinct shall constitute the election board for said precinct and shall supervise and have charge of the election therein. They shall secure and pro- vide a place for holding the election and a suitable ballot box. They shall pass upon the qualification of the voter and, if he be found qualified, receive and deposit his ballot in the ballot box, and shall Can- vass and make a return of the votes cast, as herein- after provided. That the members of said election board in each precinct, before entering upon the duties of their office, Shall each severally take an oath, which shall be re- duced to writing, before an officer qualified to ad- minister oaths, to honestly, faithfully, and promptly perform the duties of their positions; and if no offi- cer qualified to administer oaths be present or avail- able, then any one of said duly appointed or selected judges of election may administer the necessary oath to said other two judges, and he shall afterwards in turn be sworn by one of them. - - That each of said judges shall have authority to administer any oath to the voter necessary or proper under this act, and said judges shall have equal au- thority; and in case of any question or disagreement Over any matter during the course of said election the decision of the majority of said judges shall govern. That two of the three judges of election in each Voting precinct, outside of incorporated towns, to be Selected by a majority of said judges shall also per- form the duties of clerks of election for that precinct; the two judges performing the duties of clerks shall be of different political parties; it shall be the duty Of the clerks at each voting precinct to make a full written record of such election as held in that pre- cinct, and each of them shall keep a correct duplicate register and enter therein the names of the voters and the fact that they have voted, or have offered to vote and were refused, and a brief statement of the reasons # said refusal. (May 7, 1906, c. 2083, § 6, 34 Stat. 71.) . - § 3550. Same; watchers—Each of the candidates for the office of Delegate herein provided for, at any election held hereunder, shall be entitled to one watch- er at each voting precinct, who shall be permitted to be present within the place of voting at such precinct, and in some place therein where he may at all times be in full view of every act done. have the right to be so present at all times from the Opening of the polls until the ballots are finally count- ed and the result certified by the election board. Each watcher shall be required to present to the election board proper credentials, signed by the candidate he represents, showing him to be the duly authorized watcher for such person. (May 7, 1906, c. 2083, § 7, 34 Stat. 172.) . . . . § 3551. Same; vacancies in board—In case any of the judges of election selected as herein provided for any precinct shall fail to appear and qualify at the time and place designated for the election for which they shall be appointed, then, in that event, the qualified voters present, may, by a majority Viva voce vote, select a suitable person or persons to fill the vacancy or vacancies in Said election board; and the person or persons so selected shall qualify and serve on said election board, with the same powers and in the same manner as if appointed as hereinbefore pro- vided. (May 7, 1906, c. 2083, § 8, 34 Stat. 172.) . § 3552. Same; hours for voting; ballots—The election boards herein provided for shall keep the several polling places open for reception of votes from eight o’clock antemeridian until seven o’clock Such watcher shall postmeridian on the day of election. The voting at said election shall be by printed or written ballot, :: * - - At all elections after said first election the ballot shall be substantially in the following form : “For DELEGATE FROM ALASKA. “(Here insert the name of the person voted for.)” Such ballot shall be folded by the voter so as not to disclose the vote, and by him handed to any one of the judges of election, who shall immediately, in the presence Of the voter and Of all the members Of the election board, deposit the same, folded as aforesaid, in the ballot box, where the same shall remain un- touched until the polls are closed. At the time the ballot is so deposited the clerks of election shall each Of them enter in his duplicate register the name of the Voter and the fact that he has voted. 1906, c. 2083, § 9, 34 Stat. 172.) § 3553. Same; challenges; voter—Any person Offering to vote may be challenged by any election Officer or any other person entitled to vote at the same polling place, or by any duly appointed watcher, and When so challenged before being allowed to vote he Shall make and subscribe to the following oath: “You do solemnly swear (or affirm, as the case may be) that you are twenty-one years of age and a citizen of the United States; that you are an actual and bona fide resident of Alaska, and have been such resident during the entire year immediately preceding this election, and have been a resident in this voting pre- cinct for thirty days next preceding this election, and that you have not voted at this election,” and fur- ther naming the place from which the voter came im- mediately prior to living in the precinct in which he offers to vote, and giving the length of time of his residence in the former place. And when he has made such an affidavit he shall be allowed to vote; but if any person so challenged shall refuse or fail to take such oath and sign such affidavit, then his vote Shall be rejected ; and any person swearing falsely in any such affidavit shall be guilty of perjury and Shall, upon conviction thereof, suffer punishment as is prescribed by law for persons guilty of perjury. (May 7, 1906, c. 2083, § 10, 34 Stat. 172.) § 3554. Same; canvass of votes; certificates of result—The election board at each polling place, as SOOn as the polls are closed, shall immediately publicly proceed to Open the ballot box and count and CanWass the votes Cast, and they shall thereupon, under their hands and seals, make Out in duplicate a certificate of the result of said election, specifying the number of votes, in words and figures, cast for each candidate, and they shall then immediately care- fully and securely seal up in one envelope one of said duplicate certificates and One of the registers of vot- ers, all the ballots cast, and all affidavits made, and mail such envelope, with said papers inclosed, at the Inearest post-office by registered mail, if possible, duly addressed to the governor of Alaska at his place of residence, with the postage prepaid thereon. The other duplicate certificate and register of vot- ers, with the Oaths of the judges of election, the judg- es of election shall at once seal up in an envelope ad- dressed to the Clerk Of the district Court for the di- vision in which the precinct is situate, at his place of residence, with the postage thereon prepaid, and de- posit the same in the nearest post-Office, by registered mail, if possible. And the said clerk shall, as soon as he receives the said duplicate Certificate, at once make out and duly mail to the governor of Alaska a certified copy of such certificate. - The clerks of the district courts for the various di- visions Of Alaska and the governor of Alaska Shall each retain and carefully preserve all such documents received by them until the end of the term for which the Delegate chosen has been elected. (May 7, 1906, (May 7, c. 2083, § 11, 34 Stat. 173.) Ch. 3A) 3 3560 THE TERRITORIES AND INSULAR POSSESSIONS [Page 525] § 3555. Same; canvassing board; canvass– The governor, the surveyor-general, and the Collec- tor of customs for Alaska shall constitute a canvass- ing board for the Territory of Alaska to canvass and compile in Writing the vote specified in the certificates of election returned to the governor from all the Sev- eral election precincts as aforesaid. The said canvassing board shall commence the performance of its duties at the office of the gov- ernor within ten days after the third Tuesday of October in each year in which an election is held un- der and by virtue of this act, and shall continue with such work from day to day until the same is Com- pleted ; and Said Canvass shall be publicly made. In case it shall appear to said board that no elec- tion return as hereinbefore prescribed has been re- Ceived by the governor from any precinct in which an election has been held, the said board may accept in place thereof the certified copy of the certificate of election for such precinct received from the clerk of the Court, and may canvass and compile the same with the Other election returns. - Said board, upon the Completion of Said Canvass, shall declare the person who has received the great- est number of votes for Delegate to be the duly elect- ed Delegate from Alaska for the term for which he has been so elected, and shall issue and deliver to him in writing under their hands and seals a certifi- cate of his election. (May 7, 1906, c. 2083, § 12, 34 Stat. 173.) - § 3556. Same; election notices—Each newSpa- per in Alaska authorized to publish the notice of elec- tion provided for herein, and having published the same according to law, shall be entitled to receive therefor not more than ten dollars for the entire pub- lications of any one election ; that each commissioner in the Territory of Alaska is authorized to contract for the proper posting of all elections notices, as pro- vided herein, in each voting precinct created in his Said election district, and that not more than the sum Of ten dollars at each election shall be allowed for the rental of a proper polling place in each voting pre- Cinct in Alaska ; that each of the judges of election who shall qualify and serve as such in any precinct On Said election day and each of the clerks of election in an inCorporated town shall be entitled to a Compen- sation of five dollars for all services performed. (May 7, 1906, c. 2083, § 13, 34 Stat. 174.) § 3557. Same; expenses—The compensation for Said newspaper publications, the proper posting of Said Inotices, the rental of said polling places, the fees of the judges and clerks of election in each precinct, to- gether with the cost of securing a ballot box and the Cost of necessary postage and stationery, shall be cer- tified with proper vouchers and receipts attached by Various election officials to the judge of the district COurt in the said judicial division in which said vot- ing precinct is situate, and the same shall be audited by said judge and shall be paid by the clerk of the COUlrt of said division out of the same fund and in the same manner as the incidental expenses of said district court are paid. (May 7, 1906, c. 2083, § 14, 34 Stat. 174.) - § 3558. Same; offenses—Any person who, by any means, Shall hinder, delay, prevent, or obstruct any Other person from qualifying himself to vote or from lawfully voting at any election herein provided for, Or Who shall knowingly personate and vote or at- tempt to Vote in the name of any other person, or Who Shall vote more than once at the same election, Or Shall vote at a place where or at a time when he may not lawfully be entitled to vote, or shall do any unlawful act to secure an opportunity to vote, for himself or for any other person, or who, by or through any force, threat, intimidation, bribery, reward or offer thereof, unlawfully vote himself or procures an- Other to vote, or prevents or induces another to re- train from exercising his right of suffrage, or induces by any means any officer of an election to do any unlawful act or omit to do his duty in any manner, or who, directly or indirectly, in any manner shall fraudulently change or cause to be changed the re- turns or the true and lawful result of any election hereunder Or shall attempt to do the same, or who shall delay, cause to be delayed, or connive at the delay of election returns in any manner . Or attempt to do so, shall be guilty of a crime, and upon the conviction thereof shall be punished by a fine of not more than five hundred dollars nor less than One hundred dollars, or imprisoned not more than three years, or both, in the discretion of the court, and pay the costs of the prosecution; and every officer of an election held hereunder who neglects to perform Or violates any duty imposed upon him as such officer, Or knowingly does any unauthorized act with the in- tent to affect the election or the result thereof, or who shall permit, make, or Connive at any false COunt Or certificate of election, or who shall conceal, with- hold, destroy, or willfully delay the returns of elec- tion, or connive at the same being done, Or who shall aid, Counsel, or procure any person to do Or attempt to do any act made a crime hereinbefore, Or guilty of a crime, and upon conviction thereof shall be pun- ished by a fine of not less than two hundred dollars nor more than One thousand dollars, or by imprison- ment Of not more than five years, or both, in the dis- Cretion of the court, and shall pay all costs of the prosecution; and jurisdiction of all Such matters is hereby conferred upon the district court of Alaska. (May 7, 1906, c. 2083, § 15, 34 Stat. 174.) § 3559. Same; tirne of holding—After the year nineteen hundred and twelve the election for Dele- gate from the Territory of Alaska, provided by “An Act providing for the election of a Delegate to the House of Representatives from the Territory of Alaska,” approved May seventh, nineteen hundred and Six, shall be held on the Tuesday next after the first Monday in November in the year nineteen hundred and fourteen, and every second year thereafter on the said Tuesday next after the first Monday in No- Wember, and all of the provisions of the aforesaid Act shall continue to be in full force and effect and Shall apply to the said election in every respect as is now provided for the election to be held in the month Of August therein: Provided, That the time for hold- ing an election in said Territory for Delegate in Alaska to the House of Representatives to fill a va- Cancy, whether such vacancy is caused by failure to elect at the time prescribed by law, or by the death, resignation, Or incapacity of a person elected, may be prescribed by an act passed by the Legislature of the Territory of Alaska: Provided further, That when Such election is held it shall be governed in every re- Spect by the laws passed by Congress governing such election. (Aug. 24, 1912, c. 387, § 17, 37 Stat. 517.) § 3560. Governor; appointment; authority in general—There shall be appointed for the district a governor, who shall reside therein during his term of Office and be charged with the interests of the United States Government within the district. To the end aforesaid he shall have authority to see that the laws enacted for the district are enforced and to require the faithful discharge of their duties by the Officials appointed to administer the same. He may also grant reprieves for Offenses Committed against the laws of the district or of the United States until the decision of the President thereon shall be made known. He shall be ex officio commander in Chief of the militia of the district, and shall have power to Call out the same when necessary to the due execution of the laws and to preserve the peace, and to CauSe all able-bodied Citizens of the United States in the district to enroll and serve as such When the public exigency demands; and he shall per- form generally in and over said district such acts as pertain to the Office of governor of a Territory, so % 3560 (Tit. 23. THE TERRITORIES AND INSULAR POSSESSIONS: IPage 5261 e far as the same may be made or become applicable thereto. - - * * The governor shall from time to time inquire into the Operations of any person, company, associa- tion, or corporation authorized by the United States, by contract or otherwise, to kill seal or other fur- bearing animals in the district, and any and all Vio- lations by such person, company, association, or COr- poration of the agreement with the United States. under which the operations are being conducted, and shall annually report to Congress the result of such inquiries. . . & - • - - He shall make an annual report, on the first day of October in each year, to the President of the United States, of his official acts and doings, and of the condition of the district, with reference to its re- sources, industries, population, and the administra- tion of the civil government thereof. And the Presi- dent of the United States shall have power to re- view and to confirm or annul any reprieves granted or other acts done by him. - - The governor may appoint and commission one or more notaries public for the district, and appoint- ments of notaries public heretofore made by him are hereby legalized, and all acts performed by them by virtue of their notarial commissions shall be for all purposes as valid as though the governor had at the time full and complete legal authority to ap- (June 6, 1900, c. 786, § point and commission them. 2, 31 Stat. 321.) § 3561. Secretary; eral of the district shall be ex officio secretary thereof, and as such shall be custodian of the district seal, which shall be provided by the Attorney-General. The surveyor-general, as ex officio secretary of the district, shall perform the official duties required by law to be performed by the secretary of a Territory of the United States, in so far as applicable to said district, and such other duties as may be required by law. (June 6, 1900, c. 786, § 3, 31 Stat. 322.) § 3562. Same; fees—In case the law requires or authorizes any service to be performed or any act to be done by the secretary of the district of Alaska and there is no provision of law requiring the pay- ment of a fee for such service by the person for whose benefit the same is performed, the Secretary of the Interior may prescribe such fees for said serv- ice as he may deem proper. § 1, 33 Stat. 1265.) § 3563. Same; bond—The secretary of the dis- trict of Alaska, before entering upon the duties of said office, shall execute a bond with sufficient sure- ties, to be approved by the Secretary of the Interior, and in such penal sum as the Secretary of the In- terior may prescribe, conditioned upon the safe-keep- ing, faithful disbursement, and proper accounting for all moneys from whatsoever source which may come into his hands as such secretary. (March 3, 1905, c. 1497, § 3, 33 Stat. 1266.) - § 3564. District court; judges; divisions; of ficers—There is hereby established a district Court for the district of Alaska, with the jurisdiction of circuit and district courts of the United States and with general jurisdiction in civil, criminal, equity, and admiralty causes; and four district. judges shall be appointed for the district, each at an annual sal- ary of seven thousand five hundred dollars, who shall during their terms of office reside in the divi- sions of the district to which they may be respective- ly assigned by the President. The court shall con- sist of four divisions, which shall also be recording divisions. all that part of the district of Alaska lying east of the One hundred and forty-first meridian of west longi- tude. Division number two shall consist of all that territory lying west of a line commencing on the Arctic coast at the one hundred and forty-eighth meridian; thence extending south along the easterly duties—The Surveyor-gen- (March 3, 1905, c. 1497, Division numbered one shall consist of watershed of the Colville River to a point on the Rocky Mountain divide between the headwaters of . Colville River on the north and west and the waters. of the Chandler on the south; thence southwesterly along the divide between the waters of the Colville River, the Kotzebue Sound, and Norton Sound. On the north and west and the Waters of the Yukon. On the South to the One hundred and sixty-first meridian of west longitude; thence along said meridian to . the Kuskokwim River; thence southwesterly along the Center of the channel Of Said Kuskokwim River . to Bering Sea; the said division to include all the islands lying north of the fifty-ninth parallel of north latitude. Division numbered three shall consist of all that territory lying south and west of the line starting on the Coast of the Gulf of Alaska at the one hundred and forty-first meridian of west longi- tude; thence northerly along said meridian to a point due east from Mount Kimball; thence west to summit of Mount Kimball; thence southwesterly along the southerly watershed of the headwaters of Tanana River; thence westerly along the divide between the waters of the Gulf of Alaska on the south and the waters of the Yukon on the north to the summit of Mount McKinley; thence continuing westerly along the divide between the waters of the Gulf of Alaska and Bristol Bay on the south and the waters of the Yukon and Kuskokwim on the north to the one hundred and fifty-ninth meridian of west longitude; thence northwesterly to the Kuskok- wim River on the One hundred and sixty-first merid- ian of West longitude; thence southwesterly along the center of said river to Bering Sea; said division to include the Alaska peninsula, the Aleutian Islands, and all islands along the coast of this district South and west of the said district and all lying South of the fifty-ninth parallel of north latitude. Division numbered four shall consist of all that part of the district of Alaska lying east of the second division and north of the third division. One general term of court shall be held each year at Juneau, and Such additional terms at other places in the first division as the Attorney-General may direct. One general term of court shall be held each year at Nome, and such additional terms at other places in the second division as the Attorney-General may direct. One general term of Court shall be held each year at Waldez, and such additional terms at other places in the third division as the Attorney-General may di- rect. One general term of court shall be held each year at Fairbanks, and such additional terms at other places in the fourth division as the Attorney-General may direct. Each of the judges is authorized and di- rected to hold such special terms of court as may be necessary for the public Welfare or for the dispatch of the business of the court at such times and places in their respective districts as any of them, respec- tively, may deem expedient, Or as the Attorney-Gen- eral may direct; and each shall have authority to employ interpreters and to make allowances for the necessary expenses of his court, and to employ an Official Court Stenographer at Such Compensation as shall be fixed by the Attorney-General. At least thirty days' notice shall be given by the judge, or the clerk, of the time and place of holding the several terms of the court. (June 6, 1900, c. 786, § 4, 31 Stat. 322, amended, March 3, 1909, c. 269, § 2, 35 Stat. 839.) Act June 13, 1902, c. 1082, 32 Stat. 385, was superseded by this section. - -- § 3565. Same; jurisdiction of divisions; change of place of trial—The jurisdiction of each division of the Court shall extend Over the district of Alaska, but the court in which the action is pend- ing may, On motion, Change the place Of trial in any action, civil or criminal, from One place to another place in the same division or to a designated place in another division in either of the following cases: First. When there is reason to believe that an im- partial trial can not be had therein; :* ! ! Ch. 3A) & 3569 THE TERRITORIES AND INSULAR POSSESSIONS Second. When the Convenience of witnesses and the ends of justice would be promoted by the change; Third. When from any cause the judge is disquali- fied from acting; but in such event, if the judge of another division will appear and try the action, no Change Of place Of trial must be made; Fourth. By the court, on its own motion, when, considering available means of travel, it appears that the defendant will be put to unnecessary expense and inconvenience if summoned to defend in the place Or division in which the action has been commenced; and when it appears to the satisfaction of the court, Or judge thereof, that an action has been Commenc- ed in a place or division remote from the residence Of the defendant for the purpose of causing unneces- Sary expense or inconvenience, the place of trial Shall be changed at the cost of the plaintiff, and such COStS shall not be recovered from the defendant. In any criminal prosecution the court shall change the place of trial where it appears to the satisfac- tion of the court that the defendant will not be prejudiced thereby and that the United States will be put to unnecessary expense in such criminal prose- Cution if the transfer is not made. (June 6, 1900, c. 786, § 5, 31 Stat. 323.) * § 3566. Same; clerks and commissioners—The IeSpective judges of the court shall appoint, and at pleasure remove, Clerks and Commissioners in and for the district, who shall have the jurisdiction confer- red by law in any part thereof, but who shall, during their terms of office, each reside at the place in the district designated in the respective Orders of ap- pointment. The commissioners shall be ex officio justices of the peace, recorders, and probate judges, and shall per- form all the duties and exercise all the powers, civil and Criminal, imposed Or COnferred On the United States commissioners by the general laws of the United States and the special laws applicable to the district. - - - They shall also have power to grant writs of habeas Corpus for the purpose of inquiring into the cause of restraint Of liberty, which writs shall be made re- turnable before a district judge, and like proceedings shall be had thereon as if the same had been granted by the judge under the general laws of the United States in Such cases. The Commissioners shall also have the powers Of notaries public, and shall keep a memorandum Of all deeds and other instruments of Writing acknowledged before them and relating to the title to or transfer of property within the dis- trict, which memorandum shall be subject to public inspection. And all records of instruments of writ- ing hitherto made by any United States commissioner in the district Of Alaska are hereby declared to be public records of such district and shall have the same force and effect as if recorded in conformity with the provisions of this Act. The Commissioners shall also keep a record of all fines and forfeitures received by them, and shall pay over the same quarterly to the clerk of the division of the district court in which they were appointed. (June 6, 1900, c. 786, § 6, 31 Stat. 323.) § 3567. Same; clerks; duties—Four clerks shall be appointed for the court, One of whom shall be assigned to each division thereof, and during his term of office shall reside at such place in the divi- Sion as the Attorney-General may direct. Each clerk shall, in his division of the district, perform the duties required or authorized by law to be performed by clerks of the United States Courts in other dis- tricts, and such other duties as may be prescribed by the laws of the United States relating to the district Of Alaska. He shall preserve copies of all laws ap- plicable to the district and shall preserve all records and record all proceedings and official acts of his He shall also collect and re- division. Of the Court. ceive all moneys arising from the fees of his office, from licenses, fines, forfeitures, judgments, or on any IPage 527] er court expenses are paid. * other account authorized by law to be paid to or col- lected by him, and shall apply the same, except the money derived from licenses, to the incidental eX- penses of the proper division of the district court and the allowance thereof as directed in written orders, duly made and signed by the judge, and shall account for the same in detail, and for any balances on ac- Count thereof, under Oath, quarterly, Or more frequent- ly if required, to the court, the Attorney-General, and the Secretary of the Treasury: Provided, That moneys accruing from violations of the customs laws, civil customs cases, or internal-revenue Cases, moneys, not including costs, accruing from civil post-Office suits, fines in criminal cases for violations of the postal laws, the net proceeds of sales of public prop- erty under section thirty-six hundred and eighteen, Revised Statutes as amended, and other moneys the disposition of which is otherwise specially provided for by law, shall not be available for the expenses of the court, but shall be paid over or deposited as provided by law for other districts. And after all payments ordered by the judge shall have been made, any balances remaining in the hands of the clerk shall be by him deposited to the credit of the United States and be covered into the Treasury of the United States at Such times and under Such rules and regulations as the Secretary of the Treasury may prescribe. The clerk shall be ex officio recorder of instruments as hereinafter provided and also register of wills for the division, and shall establish secure offices for the safe-keeping of his official records where terms Of his division of the Court are held. He may ap- point necessary deputies and employ other neces- sary clerical assistance to aid him in the expeditious discharge of the duties of his office, with the ap- proval and at Compensation to be fixed by the Court or judge, subject to the approval of the Attorney- General. Any person so appointed or employed shall be paid by the clerk on the Order Of the judge, as Oth- (June 6, 1900, c. 786, § 7, 31 Stat. 324, amended, March 3, 1909, c. 269, § 3, 35 Stat. 840.) See § 6609. § 3.568. Same; district attorneys; duties— Four district attorneys shall be appointed for the dis- trict, One of whom shall be assigned to each division and shall reside at such place in the division as the Attorney-General shall direct. They shall each per- form the duties required to be performed by United States district attorneys in other districts, and such other duties as may be required by law; and they shall each receive a salary of five thousand dollars per annum and shall not while in Office accept retain- ers Or engage in any other law business in the dis- trict than that pertaining to the duties Of their Office. The Attorney-General may, upon the recom- mendation of the district attorney, appoint and at pleasure remove one or more assistant district attor- neys and one or more clerical assistants, who shall receive such compensation as the Attorney-General may fix, to be paid as other assistant United States district attorneys, and clerical assistants are paid. In the case of the death or disability of a district at- torney the judge may appoint a suitable person to fill the office until his successor is appointed and qualified or until the disability is removed. (June 6, 1900, c. 786, § 8, 31 Stat. 324, amended, March 3, 1909, c. 269, § 4, 35 Stat. 841.) - § 3569. Marshals and deputies; powers—A marshal shall be appointed for each division of the district, and each marshal shall have authority and be required to appoint, subject to the approval of the Attorney-General, such deputy marshals as he may deem necessary for the efficient execution of the law and the Orders Of the COUrt and Of the Commis- Sioners appointed as herein provided. That when in the opinion of the Attorney-General the public interest requires it, he may, on the recom- mendation of the marshal, which recommendation 3 3569 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS shall state the facts as distinguished from conclu- sions, showing necessity for the same, allow the mar- shals to employ necessary office deputies and Clerical assistance, upon salaries to be fixed by the Attorney- General, from time to time, and paid as other Officers of the court are paid. When any of such office depu- ties is engaged in the service or attempted Service of any writ, process, subpoena, or other order of the court, or when necessarily absent from the place Of his regular employment upon official business, he shall be allowed his actual traveling expenses Only, and his necessary and actual expenses for lodging and Sub- Sistence, not to exceed four dollars per day, and the necessary actual expenses in transporting prisoners, including necessary guard hire; and he shall make and render a CCounts thereof as provided for. Each marshal shall have the general authority and powers and be subject to the obligations of United States marshals in the States and Territories. He shall be the executive Officer of the court, and charg— ed with the execution of all processes thereof and with the transportation and custody of prisoners and insane perSOnS, and he shall be ex officio keeper Of the jails and penitentiaries of the division of the district to which he may be assigned, and shall be responsible on his official bond for the acts of all deputy marshals appointed by him. In case of the death of a marshal the district judge shall appoint a suitable person to fill the vacancy until his suc- cessor is appointed and qualified. The persons so appointed shall give such bonds as the court may require. - The marshal shall deliver persons duly adjudged insane in the district to the authorities of Such asylum or sanitarium as the governor, with the ap- proval of the Secretary of the Interior, may designate, and for the service of process in connection with and the guarding and transportation of the insane he shall be compensated as in the case of prisoners. The deputy marshals shall be ex Officio Constables and executive officers of the commissioners herein provided for, and shall have the powers and dis- charge the duties of United States deputy marshals, and also those of Constables, under the laws of the TInited States applicable to said district. (June 6, 1900, c. 786, § 9, 31 Stat. 324.) § 3570. Same; number–Four United States marshals shall be appointed for the district, one of whom shall be assigned to each division, and shall re- side at such place in the division as the Attorney- General shall direct. (March 3, 1909, c. 269, § 6, 35 Stat. 841.) - § 3571. Same; increase of bond—Whenever the business of the Courts, in any division of the district Of Alaska shall make it necessary, in the opinion of the Attorney-General, for the marshal for said divi- Sion to furnish greater security than the Official bond now required by law, a bond in a sum not to exceed seventy-five thousand dollars shall be given when re- quired by the Attorney-General, who shall fix the amount thereof. (March 3, 1899, c. 429, § 459, 30 Stat. 1336, amended, Jan. 22, 1902, c. 3, 32 Stat. 2.) § 3572. Appointment and compensation of certain officers—The governor, surveyor-general, at- torneys, judges, and the marshals provided for in this Act, shall be appointed by the President, by and with the advice and Consent of the Senate, and shall hold their respective offices for the term of four years and until their successors are appointed and qualified, un- leSS SOOmer removed by the President for Cause. The Officers so appointed shall severally be entitled to receive annual COmpensation as follows: The governor, the Sum of five thousand dollars; the Surveyor-general and ex officio secretary of the district, as full compensation, four thousand dollars; the judg- es, each the Sum of [five thousand dollars]; each marshal, the sum of four thousand dollars; the clerks, each the Sum of three thousand five hundred dollars; the district attorneys, each [three thousand dollars], . [Page 528] the salaries payable from the Treasury of the United States, as like officers are paid in other districts. Each clerk shall collect all money arising from the fees of his office or on any other account authorized by law to be paid to or collected by him, and shall Teport the Same and the disposition thereof in detail, under Oath, quarterly, or more frequently if required, to the Court, the Attorney-General, and the Secretary of the Treasury, and all public money received by him and his deputies for fees or on any other account shall be paid out by the clerk on the order of the court, duly made and signed by the judge, and any balance remaining in his hands after all payments ordered by the Court shall have been made shall be by him cover- ed into the Treasury of the United States at such times and under such rules and regulations as the Secretary of the Treasury may prescribe. The Clerk may employ necessary clerical help with the approval and at COmpensation to be fixed by the Court to aid him in the expeditious discharge of the business of his Office. Any person so employed shall be paid by the Clerk On the Order Of the Court, as Other Court expens- es are paid. The governor, surveyor-general, marshals, judges, Clerks of court, and district attorneys shall, in addi- tion to their salaries, be paid their actual traveling and subsistence expenses when traveling in the dis- charge of their official duties. Accounts for such ex- penses shall be rendered and paid as are accounts of judges, marshals, clerks, and district attorneys for like expenses in other districts. In case of death, removal, resignation, or absence of the governor from the district, the surveyor-general as ex Officio Secretary of the district shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor dur- ing such vacancy or absence, or until another governor shall be appointed to fill such vacancy. (June 6, 1900, c. 786, § 10, 31 Stat. 325.) Text in brackets superseded by §§ 3564, 3568. Current appropriation for salaries, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1108. . § 3573. Accounts of fees and expenses—An ac- curate detailed account of all fees earned and expens- es incurred by Commissioners and deputy marshals shall be prepared in duplicate quarterly, duly veri- fied by the oath of the commissioner or deputy marshal rendering the account, and forwarded to the clerk for the proper division of the district court and approved by the judge thereof, if found to be in accordance with law. After approval by the judge the original Of each such account shall be forwarded by the clerk to the Department of Justice for revision and the dup- licate filed in the Court. All net fees earned in excess of the sum of three thousand dollars per calendar year or in excess of that rate for a less period, by any commissioner or deputy marshal, shall be annu- ally paid to the clerk of the proper division of the court to be available for incidental expenses of the dis- trict court of the proper division, such payment of such incidental expenses to be accompanied by a veri- fied detailed statement of said clerk. (June 6, 1900, c. 786, § 11, 31 Stat. 326, amended, March 3, 1909, c. 269, § 5, 35 Stat. 841.) § 3574. Clerks’ bonds—The clerks of the Court shall each, before entering upon the duties of his of. fice, execute a bond with sufficient Sureties, to be ap- proved by the Secretary of the Treasury, or the court or a judge thereof, in the penalty of twenty thousand dollars, for the faithful performance of his official duties, and file the same with the Attorney-General; and each Commissioner shall, before entering upon the duties of his office, execute a bond, with Suffi- Cient Sureties, to be approved by the Court, or a judge thereof, in the penalty of one thousand dollars, for the faithful performance of his official duties, and file the same with the clerk, who shall send a certified copy thereof to the Attorney-General. (June 6, 1900, c. 786, § 12, 31 Stat. 326.) - Ch. 3A) ź 3580 THE TERRITORIES AND INSULAR POSSESSIONS [Page 529] § 3575. Recording districts—At any regular or Special term an order may be made by the court es- tablishing one or more recording districts within the recording division under the supervision of such divi- Sion of the Court and defining the boundaries thereof by reference to natural objects and permanent land- marks, or monuments, in such manner that the boundaries thereof can be readily determined. The Order establishing a recording district shall Česignate a commissioner to be ex officio recorder thereof, and shall also designate the place where the Commissioner shall keep his recording office within the recording district: Provided, The clerk of the court shall be ex officio recorder of all that portion of the recording division lunder the Supervision of his division of the Court not embraced within the limits of a recording district es- tablished, bounded, and described therein as author- ized by this Act, and when any part of the division for which a clerk has been recording shall be embrac- ed in a recording district, such clerk shall transcribe that portion of his records appertaining to such dis- trict and deliver the same to the commissioner desig- nated as recorder thereof. Whenever it appears to the satisfaction of the court that the public interests demand, or that the conven- ience of the people require, the court may change or modify the boundaries or discontinue a recording dis- trict or change the location of the recording Office, Or remove the commissioner acting as ex Officio re- Corder, and appoint another commissioner to fill the office. (June 6, 1900, c. 786, § 13, 31 Stat. 327.) See § 3564. § 3576. IRecord books; duties of recorders— The clerk as ex officio recorder must procure Such books for records as the business of his office requires and such as may be required by the respective Com- missioners designated as recorders in his division of the court, but orders for the same must first be ob- tained from the Court or the judge thereof. Spective officers acting as ex officio recorders shall have the custody and must keep all the books, records, maps, and papers deposited in their respective offices, and where a recorder is removed or from any Cause becomes unable to act, or a recording district is dis- continued, the records and all books, papers, and property relating thereto shall be delivered to the clerk or such officer or person as the court or judge thereof may direct. The record books procured by the clerk, as herein pisovided, shall be paid for by him, on the order of the court, Out of any moneys in his hands, as Other court expenses are paid. (June 6, 1900, c. 786, § 14, 31 Stat. 327.) - § 3577. Instruments to be recorded—The re- spective recorders shall, upon the payment of the fees for the same prescribed by the Attorney-General, re- cord separately, in large and well-bound separate books, in fair hand: First. Deeds, grants, transfers, contracts to sell or convey real estate and, mortgages of real estate, re- leases of mortgages, powers of attorney, leases which have been acknowledged or proved, mortgages upon personal property; Second. Certificates of marriage and marriage con- tracts and births and deaths ; Third. Wills devising real estate admitted to pro- bate; FOUrth. Official bonds ; - Fifth. Transcripts of judgments which by law are made liens upon real estate; Sixth. All orders and judgments made by the dis- trict Court or the COmmissioners in probate matters affecting real estate which are required to be re- Corded ; Seventh. Notices and declaration of water rights; . Eighth. Assignments for the benefit of creditors; COMP. ST.’18—34 The re- Ninth. Affidavits of annual work done on mining Claims; Tenth. Notices of mining location and declaratory Statements; Eleventh. Such other writings as are required or permitted by law to be recorded, including the liens of mechanics, laborers, and others: Provided, Notices Of location of mining claims shall be filed for record Within ninety days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject-matter affected by the instru- ment is situated, and where the property or subject- matter is not situated in any established recording dis- trict the instrument affecting the same shall be re- COrded in the Office Of the clerk Of the division of the Court having supervision over the recording division in which such property or Subject-matter is situated. (June 6, 1900, c. 786, § 15, 31 Stat. 327.) § 3578. Accounts for fees for instruments un- recorded—Any clerk or commissioner authorized to record any instrument who having collected fees for so doing fails to record such instrument shall account to his successor in office, or to such person as the court may direct, for all the fees received by him for record- ing any instrument on file and unrecorded at the ex- piration of his official term, or at the time he is re- Quired to transfer his records to another officer under the direction of the Court. And any clerk Or Commis- sioner who fails, neglects, or refuses to so account for fees received and not actually earned by the record- ing of instrument shall be deemed guilty of a misde- meanor, and on Conviction thereof. Shall be fined not less than one hundred dollars nor more than one thou- Sand dollars, and imprisoned for not more than One year, or until the fees received and unearned as aforesaid shall have been properly accounted for and paid over by him, as hereinbefore provided. And, in addition such fees may be recovered from such Clerk or commissioner or the bondsmen of either, in a civil action which shall be brought by the district attorney, in the name of the United States, to recover the Same ; and the amount when recovered shall be by the Court transferred to the Successor in Office of such recorder who shall thereupon proceed to record the unrecorded instruments. (June 6, 1900, c. 786, § 16, 31 Stat. 328.) § 3.579. Notaries public; residence; term of office—Every person appointed as a notary public must at the time of his appointment be a resident Of the district and must continue to reside therein during his term of Office. Removal from the district Vacates his Office and is equivalent to resignation. The term of Office of a notary public shall be four years from and after the date of his commission, but he may be sooner removed by the governor for mis- conduct in office. (June 6, 1900, c. 786, § 17, 31 Stat. 328.) § 3.580. Same; duties—It shall be the duty of a notary public— * - First. When requested, to demand acceptance and payment of foreign, domestic, and inland bills of ex- change, or promissory notes, and protest the same for nonacceptance and nonpayment, and to exercise Such other powers and duties as by the law of nations and according to commercial usages or by the laws of any State, government, or country may be performed by notaries, and keep a record of such acts. Second. To take acknowledgment Or proof of pow- ers of attorney, deeds, mortgages, grants, transfers, and other instruments of writing eXecuted by any per- son and to give a certificate Of Such proof or ac- knowledgment indorsed or attached to the instrument. Third. To take depositions and affidavits and ad- minister Oaths and affirmations in all matters inci- dent to the duties of the office or to be used before any court, judge, or Officer. Fourth. When requested and upon payment of his ź 3580 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 5301 fees therefor to make and give a certified copy of any record in his office. - - Fifth. To provide and keep an official Seal, upon which must be engraved the name of the district and the words “Notary Public,” with the surname of the notary and at least the initials of his Christian name. (June 6, 1900, c. 786, § 18, 31 Stat. 328.) § 3581. Same; protests—The protest of a no- tary public under his hand and seal of a bill of ex- Change or promissory note for nonacceptance Or non- payment, stating the presentment for acceptance or payment and the nonacceptance or nonpayment there- Of, the service Of notice on any and all parties to such bill of exchange or promissory note and specify- ing the mode of giving such notice and the reputed place of residence of the party to such bill of ex- change or promissory note and of the party to whom same was given and the post-Office nearest thereto is prima facie evidence of the facts contained therein. (June 6, 1900, c. 786, § 19, 31 Stat. 329.) * . § 3582. Same; records—It shall be the duty of every notary public, on his resignation or removal from Office or at the expiration of his term and in Case Of his death of his legal representative, to forthwith de- posit all the records kept by him in the office of the clerk of the division Of the district court in which he resides, and on failure to do so the person so offend- ing is liable in damages to any person injured there- by. (June 6, 1900, c. 786, § 20, 31 Stat. 329.) § 3583. Same; records—It shall be the duty of each clerk aforesaid to receive and Safely keep all records and papers of the notary in each case above named and to give attested copies Of them under his seal, for which he may demand such fees as by law may be allowed to the notaries, and Such Copies shall have the same effect as if Certified by the notary. (June 6, 1900, c. 786, § 21, 31 Stat. 329.) § 3584. Same; bornds—Each notary must ex- ecute an Official bond in the sum of One thousand dol- lars, which bond must be approved by the clerk of the division of the district court located nearest his residence. (June 6, 1900, c. 786, § 22, 31 Stat. 329.) § 3585. Same; qualification and commission— Each notary public, upon approval of his official bond, SO SOOn as he has taken his Official Oath, must trans- mit such bond and Oath, signed by him with his own proper Signature to the Office Of the Secretary of the district, whereupon the governor must issue a COm- mission. (June 6, 1900, c. 786, § 23, 31 Stat. 329.) § 3586. Same; misconduct or neglect—For the Official misconduct or neglect of a notary public, he and Sureties On his Official bond are liable to the parties injured thereby for all damages Sustained. (June 6, 1900, c. 786, § 24, 31 Stat. 329.) § 3587. Fees of officers—In case the law requires or authorizes any services to be performed or any act to be done by any official or person within the Dis- trict of Alaska, and provides no compensation there- for, the Attorney-General may prescribe and promul- gate a schedule of such fees, mileage, or other com- pensation as shall be by him deemed proper for each division of the court, and such schedule shall have the force and effect Of law ; and the Attorney-General may from time to time amend such schedule and promulgate the same as amended, and the schedule as amended and promulgated shall also have the force and effect of law. (June 6, 1900, c. 786, § 30, 31 Stat. 332.) - § 3588. Court rooms and offices; jails—Any of the public buildings in the district not required for the customs service or military purposes may be used for court rooms and Offices Of the Civil government; and the marshals of the district shall, each in his di- vision, be the custodian of such buildings. Any divi- SiOn Of the Court may, Where necessary, Order the Construction or repair of a jail building at the place Or places where terms of the COurt are held, at a cost not to exceed three thousand dollars for each building, the same to be paid by the clerk as provided for the payment of other allowances for the necessary ex- penses of the court; and any part or portion of the unappropriated public domain of the United States, embracing not more than four thousand square feet, to be taken in compact form, as near as may be practicable, may be set aside by order of the court as a jail site, which order shall describe the location Of the ground selected, where unsurveyed by metes and bounds and by reference to natural objects and permanent monuments, in such manner that its bound- aries and its location may be readily determined, a. Certified Copy of which Order of the court shall be by the clerk thereof transmitted to the Commissioner of the General Land Office, who shall cause the same to be noted on the records of his office, and there- after the ground described shall be reserved from sale Or Other disposition, unless for good cause the court shall Vacate the order of reservation Or Congress shall Otherwise direct, and the sentence of imprisonment in any criminal case shall be carried out by confine- ment in the penitentiary or jails herein provided for, or as provided in section fifty-five hundred and forty- six of the Revised Statutes of the United States. Where a suitable Court room is not available or can not be obtained at reasonable rental at the place Or any of the places where terms of the court are held, the Court may enter a like Order of reservation and direct the construction of a suitable building where the Sessions of the court may be held, the cost of such building not to exceed in any case the sum of five thousand dollars, the same to be paid and proceedings to reserve the land to be as in the case of the reserva- tion of ground and construction of jail, as herein- before provided: Provided, No court building or jail Shall be COInstructed in any division of the district without authority from the Attorney-General, to whom the clerk shall furnish a verified account in detail of all expenditures made by him for buildings, repairs, Or other purposes, together with his authority for each payment made. (June 6, 1900, c. 786, § 31, 31 Stat. 332.) . - See § 10547. - § 3589. Historical library and museum; fund for—For each certificate issued to a member of the bar, authorizing him to practice law in the district, a fee of ten dollars shall be paid to the clerk of the court, which shall be by him promptly remitted to the sec- retary Of the district, and at the same time the clerk shall advise the governor of such remittance. For each commission issued to a notary public a fee of ten dollars shall be paid to the secretary Of the dis- trict. The fees received by the secretary under this Section and under chapter Seventy-four of title two shall be by him retained and kept in a fund to be known as the district historical library fund. The fund thus COllected Shall be disbursed. On the Order of the governor for the purpose of establishing and maintaining the district historical library and muse- Ulm. The same Shall embrace copies Of all laws re- lating to the district, and all papers and periodicals published within the district, and such other matter of historical interest as the. governor may consider valuable and appropriate for such collection. The Collection shall also embrace Such Curios relating to the aborigines and the settlers as may be by the gov- ernor deemed Of historical importance. The Collec- tion thus made shall be described by the governor in the annual report of the governor to the Secretary of the Interior, and shall be by him kept in a secure place and turned Over to his successor in Office. The secretary of the district and the governor shall each annually account to the Secretary of the Interior for all receipts and disbursements in Connection with such historical library and museum. (June 6, 1900, c. 786, § 32, 31 Stat. 333.) * § 3590. Same; fund for—All fees received by the Secretary of the district of Alaska as such Secre- tary, from every source whatsoever, shäll be disburs- ed, on the order of the governor of the district of Ch. 3A) 3 3593a (1) THE TERRITORIES AND INSULAR POSSESSIONS [Page 531] Alaska, for the benefit of the Alaska Historical Li- brary and Museum, as provided in section thirty-two, chapter one, title one, of an Act approved June Sixth, nineteen hundred, entitled “An Act making further provision for a civil government for Alaska, and for other purposes;” and all such receipts and disburse-. ments shall be accounted for in the manner prescrib- ed in said section. (March 3, 1905, c. 1497, § 2, 33 Stat. 1266.) § 3591. Same; depository of government publications—The historical library and museum provided for in section thirty-two of this title is here- by made a designated depository of publications of the Government, and shall be supplied with One Copy Of each of said publications in the same manner as Such publications are supplied to other depositories. (June 6, 1900, c. 786, § 33, 31 Stat. 333.) § 3592. Alaska fund; how constituted—All Imoneys derived from and collected for liquor licenses, OCCupation or trade licenses, Outside of the incorpo- rated towns in the Territory of Alaska, shall be de- posited in the Treasury Department of the United States, there to remain as a separate and distinct fund, to be known as the “Alaska fund,” and to be Wholly devoted to the purposes hereinafter stated in the Territory of Alaska. Twenty-five per centum of Said fund, or so much thereof as may be necessary, Shall be devoted to the establishment and mainte- nance of public schools in said Territory; ten per Centum of said fund shall be, and is hereby, appro- priated and authorized to be expended for the re- lief of persons in Alaska who are indigent and in- capacitated through nonage, old age, sickness, or acci- dent; and all the residue of said fund shall be devoted to the Construction and maintenance of wagon roads, bridges, and trails in said Territory: Provided, That the Clerk of the court of each judicial division of Said Territory is authorized, and he is hereby direct- ed., Whenever considered necessary, to call upon the United States marshal of said judicial division to aid in the Collection of said license moneys by designating regular or Special deputies of his office to act as tem- porary license inspectors, and it shall be the duty of Said United States marshal to render such aid ; and the said regular or special deputies while actual- ly. engaged in the performance of this duty shall re- ceive the same fees and allowances and be paid in the same manner as when performing their regular duties. That at the end of each fiscal quarter the Secre- tary Of the Treasury of the United States shall di- Wide the amount of said ten per centum of said fund SO received during the quarter just ended into four equal parts, and transmit to each of the four United States district judges in Alaska one of said equal amountS. That each of said judges is hereby authorized to expend SO much of the money received by him under this Act as may, in his discretion, be required for the relief of those persons in his division who are in- capacitated through nonage, old age, sickness, or ac- Cident, and who are indigent and unable to assist and protect themselves: Provided, That each judge shall quarterly submit to the Secretary of the Treasury an itemized statement, with proper vouchers, of all ex- penditures made by him under this Act, and he shall at the time transmit a copy of said statement to the goyernor of the Territory: Provided further, That any unexpended balance remaining in the hands of any judge at the end of any quarter shall be return- ed to the Secretary of the Treasury of the United States, and by him deposited in the said “Alaska fund,” and the said sum shall be subsequently devoted, first, to meeting any actual requirements for the Care and relief of such persons as are provided for in this Act in any other division in said Territory Wherein the amount allotted for that purpose has proved insufficient; and, second, if there shall be any remainder thereof, said remainder shall be devoted to the COnStruction and maintenance of wagon roads, bridges, and trails in said Territory. (Jan. 27, 1905, C. 277, § 1, 33 Stat. 616, amended, May 14, 1906, c. 2458, § 1, 34 Stat. 192, Feb. 6, 1909, c. 80, § 7, 35 Stat. 601, and March 3, 1913, c. 109, 37 Stat. 728.) § 3593. Same; appropriation of fund—Alaska fund: That the moneys described as the “Alaska fund,” in section one of “An Act to provide for the Construction and maintenance of roads, the establish- ment and maintenance of schools, and the care and Support of insane persons in the District of Alaska, and for Other purposes,” approved January twenty- Seventh, nineteen hundred and five, be, and the same are hereby, appropriated out of the Treasury Of the United States for the uses and purposes in said Act mentioned. (March 3, 1905, c. 1483, § 1, 33 Stat. 1170.) § 3593a. (1) Railroads; location, construc- tion, and operation—The President of the United States is hereby empowered, authorized, and directed to adopt and use a name by which to designate the railroad or railroads and properties to be located, owned, acquired, or operated under the authority Of this Act ; to employ such officers, agents, or agencies, in his discretion, as may be necessary to enable him to carry out the purposes of this Act; to authorize and require such officers, agents, or agencies to per- form any or all of the duties imposed upon him by the terms Of this Act ; to detail and require any Officer Or Officers in the Engineer Corps in the Army or Navy to perform service under this Act; to fix the COmpen- sation of all Officers, agents, or employees appointed Or designated by him; to designate and cause to be located a route or routes for a line or lines of rail- road in the Territory of Alaska not to exceed in the aggregate one thousand miles, to be so located as to connect One or more of the Open Pacific Ocean har- bors On the Southern Coast Of Alaska. With the navi- gable waters in the interior Of Alaska, and with a Coal field or fields So as best to aid in the develop- ment of the agricultural and mineral Or Other re- Sources of Alaska, and the settlement of the public lands therein, and so as to provide transportation of Coal for the Army and Navy, transportation of troops, arms, munitions of War, the mails, and for Other gov- ernmental and public uses, and for the transportation Of passengers and property; to construct and build a railroad Or railroads along Such route Or routes as he may SO designate and locate, With the necessary branch lines, feeders, sidings, switches, and Spurs; to purchase or otherwise acquire all real and personal property necessary to carry out the purposes of this Act; to exercise the power of eminent domain in ac- Quiring property for such use, which use is hereby de- clared to be a public use, by condemnation in the COurts Of Alaska in accordance With the laws now or hereafter in force there ; to acquire rights of way, terminal grounds, and all other rights; to purchase or Otherwise acquire all necessary equipment for the Construction and Operation of Such railroad Or rail- roads; to build Or Otherwise acquire docks, wharves, terminal facilities, and all structures needed for the equipment and operation of such railroad or railroads; to fix, change, or modify rates for the transportation of passengers and property, which rates shall be equal and uniform, but no free transportation or pass- es shall be permitted except that the provisions of the interstate Commerce laws relating to the transporta- tion of employees and their families shall be in force as to the lines Constructed under this Act; to receive compensation for the transportation of passengers and property, and to perform generally all the usual duties of a COmmon Carrier by railroad; to make and establish rules and regulations for the Control and operation of Said railroad or railroads; in his dis- cretion, to lease the said railroad or railroads, or any portion thereof, including telegraph and telephone lines, after COImpletion under such terms as he may § 3593a (2) (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 532] deem proper, but no lease shall be for a longer period than twenty years, Or in the event of failure to lease, to Operate the same until the further action of Con- gress: Provided, That if said railroad Or railroads, including telegraph and telephone lines, are leased under the authority herein given, then and in that event they shall be Operated under the jurisdiction and COntrol Of the provisions Of the interstate COm- merce laws; to purchase, Condemn, or otherwise ac- Quire upon Such terms as he may deem proper any Other line or lines of railroad in Alaska which may be necessary to COImplete the construction of the line Or Iines of railroad designated or located by him: Pro- vided, That the price to be paid in case of purchase shall in no Case exceed the actual physical value of the railroad; to make Contracts or agreements with any railroad Or Steamship Company or vessel Owner for joint transportation of passengers or property Over the road Or roads herein provided for, and Such rail- road Or Steamship line or by such vessel, and to make Such other Contracts as may be necessary to carry out any of the purposes of this Act; to utilize in car- rying On the work herein provided for any and all ma- chinery, equipment, instruments, material, and other property of any sort whatsoever used or acquired in COnnection With the COnstruction of the Panama Canal, So far and as rapidly as the same is no longer needed at Panama, and the Isthmian Canal Commission is hereby authorized to deliver said property to such Officers Or perSOnS as the President may designate, and to take credit therefor at such percentage of its original cost as the President may approve, but this amount shall not be charged against the fund pro- vided for in this Act. (2) Same; telegraph and telephone lines—The authority herein granted shall include the power to Construct, maintain, and Operate telegraph and tele- phone lines so far as they may be necessary or con- Venient in the construction and Operation of the rail- road or railroads as herein authorized and they shall perform generally all the usual duties of telegraph and telephone lines for hire. (3) Same; authority of President—It is the in- tent and purpose Of Congress through this Act to au- thorize and empower the President of the United States, and he is hereby fully authorized and em- powered, through such officers, agents, or agencies as he may appoint Or employ, to do all necessary acts and things in addition to those specially authorized in this Act to enable him to accomplish the purposes and Objects Of this Act. (4) Same; townsites—The President is hereby authorized to withdraw, locate, and dispose of, under Such rules and regulations as he may prescribe, such area or areas of the public domain along the line or lines of Such proposed railroad or railroads for town- Site purposes as he may from time to time designate. (5) Same; terminals, stations and rights of way—Terminal and station grounds and rights of way through the lands Of the United States in the Territory of Alaska are hereby granted for the Con- struction. Of railroads, telegraph and telephone lines authorized by this Act, and in all patents for lands hereafter taken up, entered or located in the Terri- tory of Alaska there shall be expressed that there is reserved to the United States a right of way for the construction of railroads, telegraph and telephone lines to the extent of One hundred feet on either side Of the Center line Of any such road and twenty-five feet On either side Of the Center line of any such tele- graph or telephone lines, and the President may, in such manner as be deems advisable, make reservation of such lands as are or may be useful for furnishing materials for construction and for stations, terminals, docks, and for such other purposes in Connection with the construction and operation of Such railroad lines as he may deem necessary and desirable. (March 12, 1914, c. 37, § 1, 38 Stat. 305.) § 3593b. Same; cost of work; appropriation —The cost of the work authorized by this Act shall not exceed $35,000,000, and in executing the authority granted by this Act the President shall not expend nor Obligate the United States to expend more than the said sum; and there is hereby appropriated, out Of any money in the Treasury not otherwise appropriat- ed, the sum of $1,000,000 to be used for carrying out the provisions of this Act, to continue available until expended. (March 12, 1914, c. 37, § 2, 38 Stat. 307.) § 3593 c. Disposition of proceeds of lease or sale of public lands—All moneys derived from the lease, sale, or disposal of any of the public lands, in- cluding townsites, in Alaska, or the coal or mineral therein contained, or the timber thereon, and the earn- ings of said railroad or railroads, together with the earnings of the telegraph and telephone lines COn- Structed under this Act, above maintenance Charges and Operating expenses, shall be paid into the Treas- ury of the United States as other miscellaneous re- ceipts are paid, and a separate account thereof shall be kept and annually reported to Congress. (March 12, 1914, c. 37, § 3, 38 Stat. 307.). § 3593d. Railroads; reports—The Officers, agents, or agencies placed in charge of the Work by the President shall make to the President annually, and at such other periods as may be required by the President or by either House of Congress, full and complete reports of all their acts and doings and of all Imoneys received and expended in the construction of said work and in the operation of said work or Works and in the performance of their duties in connection there with. The annual reports herein provided for . shall be by the President transmitted to CongreSS. (March 12, 1914, c. 37, § 4, 38 Stat. 307.) See § 3593a. e * g & § 3593dd. Town sites; sale of lots; disposition of proceeds—Until June thirtieth, nineteen hundred and eighteen, not to exceed fifty per centum of the moneys received from the sale of lots or tracts Within any town site or town sites heretofore or hereafter sold pursuant to the provisions of the Act of March twelfth, nineteen hundred and fourteen, entitled “An Act to authorize the President of the United States to locate, construct, and operate railroads in the Ter- ritory of Alaska, and for other purposes,” may, in the discretion of the Secretary of the Interior, be Set apart and expended within the respective town sites in which Such lots or tracts are sold, for the purpose of preparing the land for occupancy, the construc- tion, installation, and maintenance of public utilities and improvements, and the construction of public school buildings, under such terms and conditions as the Secretary of the Interior may prescribe, and the moneys so set apart and designated are appropriated for the purpose of carrying these provisions into ef- fect: Provided, That such moneys as may have been heretofore or may hereafter be expended for Such purposes under and by authority of the Alaskan En- gineering Commission from the funds at its disposal . shall be reimbursed from the amount designated for the purposes herein provided : Provided further, That a report of the expenditures hereunder shall be made to Congress at the beginning of each regular Session. (April 17, 1917, c. 3, § 1, 40 Stat. 19.) § 35936. Taxation of railroads—In addition to the normal income tax of one per centum on net in- come there shall be levied and Collected One per centum On the gross annual income of all railroad Corporations doing business in Alaska, on business done in Alaska, which shall be Computed and Collect- ed in the manner provided in the Act of Congress, ap- proved October third, nineteen hundred and thirteen, entitled “An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,” the proceeds of which tax when Collected Shall be paid to the treasurer of Alaska and be applicable to general Territorial purposes. So much of the pro- visions of the Act of Congress approved March third, Ch. 3A) § 3597 THE TERRITORIES AND INSULAR POSSESSIONS [Page 533] eighteen hundred and ninety-nine, entitled “An Act to define and punish crimes in the District of Alaska and to provide a code of criminal procedure for said district,” or Acts amendatory thereof as impose a license tax of $100 per mile per annum on rail- roads Operated in Alaska is hereby repealed, and all penalties for nonpayment thereof are hereby remitted. (July 18, 1914, c. 187, 38 Stat. 517.) See §§ 6336a–6336x. The provisions repealed by this sec- tion were a. part of the Penal Code and Code of Criminal fºedure of Alaska, Act March 3, 1899, c. 429, 30 Stat. § 3594. Roads and trails; board of road com- missioners—There shall be a board of road commis- SiOners in said district, to be composed of an engi- neer Officer of the United States Army to be detailed and appointed by the Secretary of War, and two Other officers of that part of the Army stationed in Said district and to be designated by the Secretary of War. The said engineer officer shall, during the term of his said detail and appointment, abide in Said district. The said board shall have the power, and it shall be their duty, upon their own motion or upon petition, to locate, lay out, construct, and main- tain Wagon roads and pack trails from any point on the navigable waters of said district to any town, min- ing or other industrial camp or settlement, or be- , tween any such town, camps, or settlements therein, if in their judgment such roads or trails are needed and Will be of permanent value for the development Of the district; but no such road or trail shall be Constructed to any town, camp, or settlement which is wholly transitory or of no substantial value or importance for mining, trade, agricultural, or manti- facturing purposes. The said board shall prepare maps, plans, and Specifications of every road or trail they may locate and lay out, and whenever more than tWenty thousand dollars, in the aggregate, shall have to be expended upon the actual construction of any road or Section of road designed to be permanent, Contract for the work shall be let by them to the low- est responsible bidder, upon sealed bids, after due notice, under rules and fegulations to be prescribed by the Secretary of War. The board may reject any bid if they deem the same unreasonably high or if they find that there is a combination among bidders. In Case no responsible and reasonable bid can be se- cured, then the work may be carried on with ma- terial and men procured and hired by the board. The engineer Officer of the board shall in all cases super- Vise the Work of construction and see that the same is properly performed. As soon as any road or trail laid out by the board has been constructed and com- pleted they shall examine the same and make a full and detailed report of the work done on the same to the Secretary of War, and in such report they shall State Whether the road or trail has been completed COnformably to the maps, plans, and specifications of the same. It shall be the duty of said board, as far as practicable, to keep in proper repair all roads and trails constructed under their supervision, and the Salme 'rules as to the manner in which the Work of repair Shall be done, whether by contract or Other- Wise, shall govern as in the case of the original con- struction of the road or trail. The cost and expenses Of laying out, constructing, and repairing such roads and trails shall be paid by the Secretary of the Treas- ury, through the authorized disbursing Officer of the board designated by the Secretary of War, Out of the road and trail portion of Said “Alaska fund” upon vouchers approved and Certified by said board. The Secretary Of the Treasury shall, at the end of each month, send by mail to each of the members of said board a statement Of the amount available of Said. “Alaska fund” for the construction and repair of roads and trails, and no greater liability for Construc- tion Or, repair shall at any time be incurred by said board than the money available therefor at that time in Said fund. The members of said board shall, in ad- dition to their salaries, be reimbursed in the sums actually paid or incurred by them in traveling expenS- es in the performance of their duties, and shall be en- titled to receive their actual expenses of living while Serving as members of said board within the limits of the district and not stationed at a military post. (Jan. 27, 1905, c. 277, § 2, 33 Stat. 616, amended, May 14, 1906, c. 2458, § 2, 34 Stat. 192.) § 3594a. Same; board of road commissioners; Army officer as Emermber; per diem commutation-- Hereafter any officer of the Army and member of said Board of Road Commissioners who is living with his family While serving as a member of said board with- in the limits of the Territory of Alaska, and not sta- tioned at a military post, shall be entitled to receive a per diem commutation fixed by the board in lieu of “actual living expenses,” as now provided by law ; and this provision shall embrace the time during Which any member of said board shall have failed in the past to receive any allowance for expense of living by reason of the decision of the Comptroller Of the Treasury above referred to, to the effect that Said allowance could not be made to an officer living with his family. (April 27, 1914, c. 72, 38 Stat. 366.) § 3595. Road overseers; road districts—It shall be the duty of the Commissioner in each precinct in the district of Alaska, on the first Monday in the month Of April in each year, to appoint a road Over- Seer for the precinct in which he resides, and Create a road district in the inhabited part of said precinct, which said district shall not include incorporated cit- ies and towns. - To fill all vacancies in the Office of road overseer in his precinct. - To cause a record to be made defining the bound- aries of said road district. (April 27, 1904, c. 1629, 33 Stat. 391.) § 3596. Same; term of office; qualification— All road Overseers shall hold Office for One year and until their Successors are appointed and qualified. Every person appointed to the Office of road Over- Seer Of any road district shall reside in the road dis- trict to which he has been appointed, and shall, with- in thirty days after he shall have been notified of his appointment, take and Subscribe to an oath. Of Office obligating himself to the faithful performance of the duties of his office, and shall forthwith cause such Oath to be filed in the Office Of the COmmissioner Of his precinct, and in case any such road overseer shall become nonresident of his road district, his office shall at Once become Vacant. Each road overseer shall, before entering upon the duties Of his Office, execute a bond to the United States in a Sum not less than double the am’Ount of money which will probably come into his hands at any time during his term of Office, with two or more sureties, the amount and sufficiency of the bond to be approved by the commissioner of the precinct, conditioned for the faithful discharge of the duties of his office, which bond shall be by him forthwith filed in the Office Of the Commissioner and ex Officio recorder. The ap- proval of such bond shall be indorsed thereon by the commissioner. (April 27, 1904, c. 1629, 33 Stat. 391.) § 3597. Same; duties—The duties of road Over- Seer Shall be such as may be prescribed by law. Each road. Overseer shall keep an accurate account Of all money received by virtue of his Office and the manner in which the same has been disbursed, and to whom, and shall, On the last Saturday Of March in each year, exhibit such account, together with his vouchers, to the Commissioner for adjustment and Settlement. Such a CCount shall be in Writing, verified by affidavit of the Overseer that the same is in aſl respects a full and true account of all money received by him during the full term for which he should make settlement and the amounts expended and the manner in which they were expended. - If any person appointed to the office of road over- seer, unless unable from disease or other infirmity 3 3597 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IPage 5341. to discharge the duties of such office, shall refuse or neglect to serve therein, he shall be liable to a fine Of twenty-five dollars; but no person so appointed who shall have served for a term next preceding Such ap- pointment shall be liable to such fine for refusing to serve if he shall have given notice in Writing Of refusal to the commissioner within twenty days after having been notified of his appointment. Every road overseer who shall, after the expiration of his term of office, neglect or refuse to deliver on demand to his successor in Office, after Such Succes- SOr shall have been duly qualified a CCOrding to law, all moneys, records, books, papers, or Other property appertaining to such office shall be liable to a fine of not less than fifty nor more than five hundred dol- lars. (April 27, 1904, c. 1629, 33 Stat. 392.) . § 3598. Same; duties; work on roads—ROad overseers of the different precincts are authorized, and it is made their duty, to warn out all male per- sons between eighteen and fifty years Of age Who have resided thirty days in the district of Alaska, who are capable of performing labor on roads or trails, and who are not a precinct charge, to per- form two days’ work of eight bours each in locating, constructing, or repairing public roads Or trails, under the direction of the road overseer within whose pre- cinct they may respectively reside, or furnish a sub- stitute to do the same, or pay the sum of four dol- lars per day for two days’ labor, and said road Over- Seer shall receipt for the same and shall expend it in location, Construction, or repairs On the public roads and trails within his precinct; and any moneyS. so received and not expended shall be paid over to his successor in Office, above provided. The overseer of roads and trails in each precinct shall give notice to persons residing in his precinct liable to or charged with a road or trail tax of the time and place and the kind Of WOrk expected to be performed on the road or trail, and may direct what implements such persons shall bring with which to perform Such WOrk. - f Whenever it shall happen, in consequence of Sick- ness or absence from home, Or any other Cause, that the two days’ work aforesaid shall not be performed within the time specified in this Act, the overseer shall be authorized to require the performance of such work at any time prior to the first day of October then next ensuing ; and in case any person shall neg- lect or refuse to do the two days’ work, Or furnish a substitute, or pay in money the price of two days' labor, as provided in this Act, he shall be deemed guilty of a misdemeanor and shall be fined in the sum of ten dollars for each day refusing so to work upon conviction before any justice of the peace of the precinct. - If any person shall appear at the proper time and place as directed by the overseer and neglect or re- fuse to do a reasonable day’s work according to his ability, he shall be liable the Same as if he had neg- lected or refused to appear, or furnish a Substitute, or pay the sum of money as provided herein. Under the direction of the Overseer, and at his discretion, the above road tax may be performed by one day’s work, together with an able-bodied man, a two-horse team with Wagon, or a dog team Consist- ing of not less than five dogs and a sleigh, or a rein- deer team Of not less than two reindeer and Sleigh Or Cart. - It shall be the duty of each road Overseer to receipt to each person who performs labor on the public roads and trails of his precinct under the provisions of this Act for the amount of labor so performed, and no person shall be compelled to pay road tax ex- cept in one precinct in the district of Alaska during one calendar year. (April 27, 1904, c. 1629, 33 Stat. 392.) - § 3599. "Same; annual report—Each road over- Seer shall, on or before the first day of April in each who shall expend the same as | year, report to the commissioner of the precinct the names of all persons subject to the two days' road tax for the preceding year, the names of those who have worked out said tax, the names of those who have paid the said tax in money, and the names of those delinquent, and also all moneys received by him from all sources, and how expended, and the ac- count of said road overseer of the work performed by himself, which report shall be approved by said com- missioner before any final settlement shall be made with such road overseer. (April 27, 1904, c. 1629, 33 Stat. 393.) § 3600. Same; duties; neglect or refusal— Each and every road Overseer who shall neglect Or refuse to perform the several duties enjoined upon him by this Act, or who shall, under any pretense Whatsoever, give or sign a receipt or Certificate for labor performed or money paid, unless the labor shall have been performed or money paid prior to the sign- ing or giving of such receipts or certificates, shall forfeit for every such offense not less than five nor more than fifty dollars, to be recovered by an action before any justice of the peace within the precinct where such overseer may reside, and it is hereby made the duty of every United States attorney or assistant to prosecute all offenses against the pro- visions of this Act not otherwise provided for. (April 27, 1904, c. 1629, 33 Stat. 393.) - º § 3601. Same; compensation—Road overseers shall be allowed four dollars per day for all services required by this Act and actually performed in their respective precincts, to be retained out of money paid said road overseers from persons paying money Ol' fines in lieu of two days’ labor, upon the certified statement of the overseers, approved by the COm- missioner of the precinct: Provided, That no over- Seer shall receive pay for more than ten days in any One year, and not until he has made the return as provided in the preceding section, in duplicate, One copy to be retained by the commissioner and one copy filed with the clerk of the district court in the division in which the said precinct is situated. Any oath required to be taken by said overseer, acknowledgment of bond, or the filing or recording of any paper or plat authorized by this Act shall be free Of COst to Said. OverSeer. - . Upon application of road. Overseers it shall be the duty of the clerk of the district court to furnish copies of this Act and blank forms of notices warn- ing persons to perform road work, receipts for road work, bond, and Oath, and for Overseer's report to commissioner, the expense of which shall be paid out of the fund for paying the incidental expenses of the court. (April 27, 1904, c. 1629, 33 Stat. 393.) $ 3602. Same; copies of laws relating to roads and trails—The Attorney-General of the Unit- ed States is hereby directed to furnish clerks of the district Court in the different judicial divisions of Alaska a sufficient number of copies of this Act and other road and trail laws that may now be upon the statutes relating to roads and trails in the district Of Alaska for use Of road Overseers in each judicial division. (April 27, 1904, c. 1629, 33 Stat. 393.) . § 3603. Public instruction; superintendent of public instruction—The governor of the district of Alaska shall be ex officio Superintendent of public instruction in Said district, and as Such shall have supervision and direction of the public schools in said district and shall prescribe rules and regula- tions for the examination and qualification of teach- ers, and shall make an annual report Of the COndi- tion of the schools in the district to the Secretary of the Interior. (Jan. 27, 1905, c. 277, § 3, 33 Stat. 617.) § 3604. Same; school districts; incorporated towns; boards-The common council of the incor- porated towns in said district shall have the power, and it shall be their duty, in their respective towns to establish school districts, to provide the same with Ch. 3A) ? 3605 THE TERRITORIES AND INSULAR POSSESSIONS Suitable schoolhouses, and to maintain public schools therein and to provide the necessary funds for the Schools ; but Such Schools when established shall be under the SuperVision and control of a school board Of three members, Consisting of a director, a treasurer, and a clerk, to be elected annually by the vote of all adults Who are Citizens of the United States Or Who have declared their intention to become such and who are residents Of the School district. The members of said board first elected shall hold their Offices for the term Of One, two, and three years, respectively, and until their successors are elected and qualified, and One member of Such board shall be elected each year thereafter and shall hold his office for a period of three years and until his successor is elected and Qualified; and they shall each, before entering upon the duties of their office, take an oath in writing to honestly and faithfully discharge the duties of their trust. In Case a vacancy in the membership Of said board occurs from death, resignation, removal, or Other Cause, such vacancy may be filled by a Special election, upon ten days' notice, called by the remain- ing members of the board upon the petition of five qualified voters. All money available for School pur- poses, except for the Construction and equipment Of Schoolhouses and the acquisition of sites for the same, shall be expended under the direction of said board, and the treasurer of Said board Shall be the Custodian of said money, and he shall, before entering upon the duties of his office, give his bond, with sufficient sure- ties, to the school district, in such sum as the Common COUncil may direct, and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money that may come into his hands as such treasurer. The said board shall have the power to hire and employ the necessary teachers, to provide for heating and light- ing the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school. (Jan. 27, 1905, c. 277, § 4, 33 Stat. 617, amended, March 3, 1905, c. 1491, 33 Stat. 1262.) § 3605. Same; school districts outside incor- porated towns; boards—The clerk of the district Court shall have the power, and it shall be his duty, in the division to which he is appointed and in Which he resides, upon petition as hereinafter Specified, to establish by order in writing a school district at any camp, village, or settlement outside of the limits of any incorporated town, but such school district shall not embrace more than forty square miles Of territory nor contain less than twenty resident white children between the ages of six and twenty years. The said petition shall specify as near as may be the location and boundary of the proposed school district, the num- ber of people, the number of families, and the number of children between the ages of six and twenty years, resident therein, and such other material facts as tend to show the necessity for the establishment Of the School district. Said petition shall be signed by not less than twelve persons of adult age Who are Citizens Of the United States or have declared their intention to become such and who reside Within the boundaries of the proposed school district. If the clerk of the court is satisfied that it is necessary and proper to grant such petition, he shall make an Order in Writing establishing the school district prayed for, describ- ing the same and defining its boundaries, and he shall also in said order appoint three of the petitioners to supervise and give notice of the first election, and shall specify the time and place of the Same. The original order shall remain on file in the records of the court, and a copy of the same shall be posted at three public places in the school district at least ten days before the election, and such posting shall be deemed a sufficient notice Of Such election. All per- sons qualified to sign said petition shall be qualified to vote at Said election. The qualified voters of Said [Page 535.] school district shall at said election choose by a plu- rality Vote a School board of three members, consist- ing Of a Clerk, a treasurer, and a director, who shall, before entering upon the duties of their trust, each take an oath in Writing to honorably and faithfully discharge the duties of their office. In case a vacancy in the membership of said board occurs from death, Tesignation, removal, or other cause, such vacancy may be filled by a special election, upon ten days' notice, Called by the remaining members of the board upon the petition of five qualified voters. The treas- urer Shall be the custodian of the moneys of the School district, and he shall, before entering upon the du- ties Of his office, give his bond to the school district, . With Sufficient Sureties, to be approved by the clerk Of the Court, and in such sum as he may direct, but not less than twice the amount of money that may COme into his hands as treasurer, conditioned that he, the treasurer, will honestly and faithfully disburse and a CCOunt for all the money that may come into his hands by Virtue of his office. Said board shall have the power to build or rent the necessary schoolhouse Or Schoolroom, to equip the same with the necessary furniture and fixtures, to provide fuel and light, to hire and employ teachers, and in general to do and perform eVerything that may be necessary for the maintenance of a public school. The members of Said board shall hold office for the term of one year and until their successors are elected and qualified. An annual election shall be held each year, after the first election, for the election of members of said board. AS SOOn as the members of said school board have been elected and qualified, they shall send to the Clerk Of the Court and file in his office a Certificate of their election under the hand and seal of the judges Or supervisors of election, their oaths of office, and the bond Of the treasurer, and the Clerk of the court Shall file said papers and carefully keep them as a part Of the files and records of his Office, and he shall at On Ce Send to the governor Of the district Of Alaska a certified Copy of Said papers, together with a cer- tified copy of the Order establishing the school dis- trict, and the governor shall duly file and preserve the same. The said board, as soon as they have com- plied with the requirements aforesaid, shall imme- diately report in Writing to the governor the number Of children in their School district between the ages of six and twenty years that intend to attend a pub- liC SChool, and the WageS per month for Which a teacher can be obtained; and after a school has been opened and maintained they shall, at the end of each School term, report to the governor in Writing the length of the term, the Wages paid the teacher, the total number of pupils in attendance, and the daily average of Such attendance at Such term. The gov- ernor shall assign and set apart to each school dis- trict established and Organized under the provisions of this section a sum, not less than three hundred dollars nor more than one thousand dollars, in pro- portion to the number of pupils in the district, for the construction and equipment Of a Schoolhouse, which sum shall be paid by the Secretary of the Treas- ury to the treasurer of the school district upon the order and voucher of the governor Out Of that portion of the said Alaska fund set apart for the establish- ment and maintenance of public Schools. The resi- due of said portion of said fund, Or SO much there- of as may be necessary, shall by the governor be ap- portioned among the several school districts estab- lished under the provisions of this Section in amounts sufficient for each district to pay the Wages of a teacher, together with the expense of fuel and light, for five months' School in each year. And the amounts so apportioned to each school district shall be paid to the treasurer of the district by the Secretary Of the Treasury upon the order and voucher of the governor out of the said portion of said fund. (Jan. 27, 1905, c. 277, § 5, 33 Stat. 617.) - 3 3606 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IIPage 5361 § 3606. Same; school districts; incorporated towns; reports of clerks—The clerks of school dis- tricts in the incorporated towns shall, at the end of each School term, report to the governor in writing the length. Of the term, the Wages paid the teacher, the number of pupils in attendance, and the average daily attendance during the term. (Jan. 27, 1905, c. 277, § 6, 33 Stat. 619.) § 3607. Same; education of children and Es- lximos and Indians—The schools specified and pro- vided for in this Act shall be devoted to the educa- tion of white children and children of mixed blood who lead a civilized life. The education of the Es- kimos and Indians in the district of Alaska shall re- main under the direction and Control of the Secretary Of the Interior, and schools for and among the ES- kimos and Indians Of Alaska shall be provided for by an annual appropriation, and the Eskimo and In- dian children of Alaska shall have the same right to be admitted to any Indian boarding School as the Indian children in the States Or Territories Of the TJnited States. (Jan. 27, 1905, c. 277, § 7, 33 Stat. 619.) § 3607a. Same; schools for white and colored children; appropriations—The Legislature of Alas- Ka is hereby empowered to establish and maintain schools for white and colored children and children of mixed blood who lead a civilized life in Said Ter- ritory and to make appropriations of Territorial funds for that purpose; and all laws or parts of laws in conflict with this Act are to that extent repealed. (March 3, 1917, c. 167, 39 Stat. 1131.) § 3608. Same; teachers and other employés- That the Secretary of the Interior be, and he is here- by, authorized to permit teachers and other employees of the United States Bureau of Education employed in Alaska to make assignments of their pay, under Such regulations as he may prescribe, during such time as they may be in the employ of the Bureau of Education in Alaska ; and the Secretary of the Interior is fur- ther authorized, in his discretion, under Such regula- tions as he may prescribe, to reimburse School-teachers in Alaska for expenses incurred by them in the dis- charge of their duties and paid from their personal funds. (March 21, 1906, No. 10, 34 Stat. 824.) § 3609. Same; employés as special peace offi- cers—The Attorney-General shall have power to ap- point, in his discretion, any person employed in the Alaska school service who may be designated by the Secretary of the Interior as a special peace officer of the division of the district of Alaska in which such person resides; and such special peace officer Shall have authority to arrest, upon warrant duly issued, any native of the district of Alaska charged With the violation of any of the provisions of the Criminal Code of Alaska (Act March third, eighteen hundred and ninety-nine, second supplement Revised Statutes, page one thousand three) or any amendment thereof, or any white man charged with the violation of any of said provisions to the detriment of any native of the district of Alaska; and such peace Officer Shall also have authority to make such arrests, Without warrant, for a crime committed or attempted in his presence, or when the person arrested has committed a felony, although not in his presence, or when a fel- ony has in fact been committed and he has reasonable cause for believing the person arrested to have COIm- mitted it ; and any person so arrested shall be tak- en, in accordance with such rules and regulations as may be prescribed by the Attorney-General, and with- out unnecessary delay, before a United States Commis- sioner or other judicial Officer for trial: Provided, however, That no person so appointed shall be enti- tled to any fees or emoluments of any character what- soever for performing any of the services herein men- tioned, but may be allowed, in the discretion of the Attorney-General, expenses actually and necessarily incurred in Connection with such services. (March 3, 1909, c. 266, 35 Stat. 837.) tº § 3610. Insane persons; cormmitment to asy- Iurn or sanitarium—Commissioners appointed by the judges of the district court in the district of Alaska, pursuant to existing laws, shall, as ex officio probate judges and in the exercise of their probate jurisdic- tion, have the power, and it shall be their duty, in their respective districts, to commit, by warrant under their hands and seals, all persons adjudged insane in their districts to the asylum or sanitarium provided for the Care and keeping of the insane of the district Of Alaska. No person shall be adjudged insane Or Committed as such, except upon and pursuant to the following proceedings, to wit: Whenever Complaint in writing is made by any adult person to a Commis- Sioner that there is an insane person at large in the Commissioner's district, the commissioner shall at Once cause such insane person to be taken into Custody and to be brought before him, and he shall then im- mediately summon and impanel a jury of six male adults, residents of the district, to inquire, try, and determine whether the person so complained of is real- ly insane. The members of said jury shall, before en- tering upon the discharge of their duty, each take an oath to diligently inquire, justly try, and a true verdict render, touching the mental condition of the person charged with being insane. Before entering upon such trial the Commissioner shall appoint some Suitable person to appear for and represent in the proceeding the person complained of as insane. And in case there is a physician or surgeon in the vicinity who can be procured, the Commissioner shall cause such surgeon or physician to examine the person alleg- ed to be insane, and after such examination to testify under oath before the jury in respect to the mental Condition. Of Said person. The commissioner shall pre- side at said hearing and trial. All witnesses that may be Offered shall be heard and Shall be permitted to testify under oath in said matter, and after having heard all the evidence the said jury shall retire to agree upon a verdict, and if the jury unanimously, by their verdict in writing, find that the said person SO charged with being insane as aforesaid is really and truly insane and that he ought to be committed to the asylum Or Sanitarium aforesaid, and the Com- Imissioner approves Such finding, he shall enter a judgment adjudging the said person to be insane and adjudging that he be at Once Conveyed to and there- after properly and safely kept in the said asylum or Sanitarium until duly discharged therefrom by law. The Commissioner shall thereupon, under his hand and seal, issue his warrant, with a copy of Said judg- ment attached, for the Commitment of Said insane per- Son to the asylum. Or sanitarium aforesaid, which warrant shall be delivered to the marshal of the divi- Sion in which said proceedings are had. and shall di-, rect said marshal to safely keep and deliver Said in- Sane person to said asylum or sanitarium, and the said marshal, for the service of process in connection with and the guarding and the transportation of the in- sane, shall be compensated from the same Source and in the same manner as in the case of prisoners convict- ed of Crime. The commissioner, the jurymen, and the witnesses in said proceeding shall be entitled to the same compensation and mileage as in civil actions. And all the compensation, mileage, fees, and all other expenses and Outlays incident to said proceedings shall be audited and allowed by the district judge of the division in which said proceedings are pending and had, and when so audited and allowed shall be paid by the clerk of the court in such division as the inci- dental expenses of the court are by him paid and from the same fund. (Jan. 27, 1905, c. 277, § 8, 33 Stat. 619.) § 3.611. Same; contract for care and custody —The Secretary of the Interior shall hereafter, as in his judgment may be deemed advisable, advertise fol: and receive bids for the care and custody of persons legally adjudged insane in the district of Alaska, and in behalf of the United States shall contract, for Ch. 3A) § 3618 THE TERRITORIES AND INSULAR POSSESSIONS [Page 537] one or more years, as he may deem best, with a re- sponsible asylum or sanitarium west of the main range of the Rocky Mountains submitting the lowest and best responsible bid for the care and custody of per- sons legally adjudged insane in said district of Alaska, the cost of advertising for bids, executing the contract, and caring for the insane to be paid from appropria- tions to be made for Such Service upon estimates to be submitted to Congress annually. (Feb. 6, 1909, c. 80, § 7, 35 Stat. 601.) § 36.11a. Same; persons admitted to hospitals —Patients who are not indigent may be admitted to the hospitals for care and treatment on the payment of such reasonable charges therefor as the Secretary of the Interior shall prescribe. (June 12, 1917, c. 27, § 1, 40 Stat. 151.) § 3612. Wharf at Sitka; charges—Government wharf in Alaska: For reconstructing or repairing and putting in safe and proper condition the wharf at Sitka, Alaska, * *: Provided, That hereafter the Secretary Of the Treasury be authorized to Charge and fix the rates of dockage and wharfage to be paid by any private vessel or person allowed to use said wharf, the said receipts to be deposited with the Treasurer of the United States as a miscellaneous re- Ceipt derived from GOvernment property; and the Secretary of the Treasury shall direct, by regulation Or otherwise, by whom said wharfage and dockage receipts shall be collected. (June 11, 1896, c. 420, § 1, 29 Stat. 413.) § 361.2a. Same; repairs—Repairs and preserva- tion: For repairs and preservation of * * Gov- ernment wharves and piers under the control of the Treasury Department, together with the necessary dredging adjacent thereto, buildings and wharf at Sitka, Alaska, and the Secretary of the Treasury may, in renting said wharf, require that the lessee shall make all necessary repairs thereto, and the Secretary Of the Treasury is hereby authorized, in his discretion, . to dispose of said wharf and warehouse upon such terms and Conditions as may be for the best interests Of the United States. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 615.) Repeated in subsequent appropriation acts. 12, 1917, c. 27, § 1, 40 Stat. 113. § 3613. Reindeer—All reindeer owned by the United States in Alaska shall as soon as practicable be turned over to missions in or natives of Alaska, to be held and used by them under such conditions as the Secretary of the Interior shall prescribe. The Secretary Of the Interior may authorize the sale of Surplus male reindeer and make regulations for the Same. The proceeds Of Such sale shall be turned into the Treasury of the United States. (March 4, 1907, c. 2918, § 1, 34 Stat. 1338.) § 3614. Eggs of certain wild birds—No person shall break, take from the nest, Or have in possession the eggs of any crane, wild duck, brant, or goose; nor shall any person transport or ship out of said: Terri- tory the eggs or the contents of the eggs of any Crane, wild duck, brant, or goose; nor shall any per- SOn, Common carrier or other transportation company Carry or receive for shipment such eggs or the Con- tents of said eggs, and any person or company who shall have in possession or receive for shipment or transportation any eggs or the contents of any eggs Of the crane, wild duck, brant, or goose shall be guilty Of a misdemeanor and upon Conviction be punished as provided in this section. Any person or company vio- lating the provisions of this section shall be punished by a fine not exceeding five hundred dollars or im- prisonment not exceeding six months. (June 6, 1900, c. 786, § 29, 31 Stat. 332.) § 3615. Game; protection of—From and after the passage of this Act the wanton destruction of wild game animals or wild birds, except eagles, ravens, and COrmorants, the destruction of nests and eggs of Such birds, or the killing of any wild birds, other than game birds, except eagles, for the purposes of selling See Act June , the same or the skins or any part thereof, except as hereinafter provided, is hereby prohibited. GAME DEFINED.—The term “game animals” shall include deer, moose, caribou, mountain sheep, moun- tain goats, brown bear, sea lions, and walrus. The term “game birds” shall include water fowl, com- monly known as ducks, geese, brant, and Swans; Shore birds, Commonly known as plover, snipe, and Curlew, and the several Species of grouse and ptar- lūlgall. ExEMPTIONS.—Nothing in this Act shall affect any law now in force in Alaska relating to the fur Seal, sea otter, or any fur-bearing animal Or prevent the killing of any game animal or bird for food or clothing at any time by natives, Or by miners Or explorers, when in need of food; but the game animals or birds so killed during close seasonºshall not be shipped or sold. (May 11, 1908, c. 162, § 1, 35 Stat. 102.) § 3616. Same; open seasons—SEASON.—That it shall be unlawful for any person in Alaska to kill any wild game animals or birds, except during the season hereinafter provided : North of latitude Sixty- two degrees, brown bear may be killed at any time ; moose, caribou, sheep, walrus, and sea lions from Au- gust first to December tenth, both inclesive; South of latitude sixty-two degrees, moose, Caribou, and mountain sheep from August twentieth to December thirty-first, both inclusive; brown bear from October first to July first, both inclusive; deer and mountain goats from April first to February first, both inclusive ; grouse, ptarmigan, shore birds, and waterfowl from September first to March first, both inclusive: Pro- vided, That no Caribou shall be killed on the Kenai Peninsula before August twentieth, nineteen hundred and twelve: And provided further, That the Secre- tary of Agriculture is hereby authorized, whenever he Shall deem it necessary for the preservation of game animals Or birds, to make and publish rules and regu- lations prohibiting the sale of any game in any lo- Cality modifying the close seasons hereinbefore es- tablished, providing different close seasons for differ- ent parts of Alaska, placing further restrictions and limitations on the killing of such animals or birds in any given locality, or prohibiting killing entirely for a period not exceeding two years in such lo- cality. (May 11, 1908, c. 162, § 2, 35 Stat. 102.) § 3617. Same; number of animals or birds killed by one person; hunting with dogs, guns, or boats—NUMBER.—That it shall be unlawful for any person to kill any female or yearling moose or for any One person to kill in any one year more than the number specified of each of the following animals: TWO moose, one walrus or sea lion, three caribou, three mountain sheep, three brown bear, or to kill Or have in his possession in any one day more than twenty-five grouse or ptarmigan or twenty-five shore birds Or Waterfowl. GUNS AND BOATS.–That it shall be unlawful for any person at any time to hunt with dogs any of the game animals specified in this Act; to use a shotgun larger than number ten gauge, Or any gun other than that which can be fired from the shoulder; or to use steam launches or any boats other than those propelled by oars or paddles in the pursuit of game animals or birds. (May 11, 1908, c. 162, § 3, 35 Stat. 103.) § 3618. Same; sale during close season—SALE. —That it shall be unlawful for any person or per- Sons at any time to sell Or Offer for sale any hides, skins, or heads of any game animals or game birds in Alaska, or to sell, offer for sale, or purchase, or offer to purchase, any game animals Or game birds, or parts thereof, during the time when the killing of such animals or birds is prohibited: Provided, That it shall be lawful for dealers having in posséssion game animals or game birds legally killed during the Open season to dispose of the same Within fifteen days after the close of said season. (May 11, 1908, c. 162, § 4, 35 Stat. 103.) 3 3619 (Tit. 23 THE TERRITORIES AND INSUI.A.R. POSSESSIONS º IPage 538] § 3619. Same; hunting and shipping licenses —LICENSES.—That it shall be unlawful for any non- resident of Alaska to hunt any of the game animals protected by this Act, except deer and goats, Without first obtaining a hunting license, or to hunt On the Kenai Peninsula without a registered guide, and Such license shall not be transferable and shall be Valid. Only during the calendar year in which issued. . Each applicant shall pay a fee of one hundred dol- lars for such license, unless he be a citizen Of the United States, in which case he shall pay a fee of fifty dollars. Each license shall be accompanied by COUpons authorizing the shipment of two moose if killed north of latitude sixty-two degrees, four deer, three caribou, three mountain sheep, three goats, and three brown bear, or any part of said animals, but no more of any one kind. A resident of Alaska desiring to export heads or trophies of any of the game animals mentioned in this Act shall first obtain a shipping license, for which he shall pay a fee of forty dollars, permitting the Shipment of heads or trophies of one moose, if killed north of latitude Sixty-two degrees, four deer, tWO Caribou, two sheep, two goats, and two brown bear, but no more of any one kind; or a Shipping license, for Which he shall pay a fee of ten dollars, permitting the shipment of a single head or trophy of Caribou or Sheep ; or a shipping license, for which he shall pay a fee of five dollars, permitting the shipment of a Single head or trophy of any goat, deer, or brown bear. Any person wishing to ship moose killed south Of latitude sixty-two degrees must first obtain a Special shipping license, for which he shall pay a fee of one hundred and fifty dollars, permitting the Shipment of one moose, or any part thereof. Not more than One general license and two special moose li- CenSes Shall be issued to any One person in One year : Provided, That before any trophy shall be shipped from Alaska under the provisions of this Act the person desiring to make such shipment shall first nake and file with the customs office at the port Where such shipment is to be made an affidavit to the effect that he has not violated any of the provisions Of this Act; that the trophy which he desires to ship has not been bought or purchased and has not been SOld and is not being shipped for the purpose of being Sold, and that he is the OWIler Of the trophy Which he desires to ship, and if the trophy is that of moose, Whether the animal from Which it Was taken Was killed north or south Of latitude sixty-two degrees: Provided further, That any resident of Alaska prior to September first, nineteen hundred and eight, may Without permit or license ship any head or trophy . Of any of the game animals herein mentioned upon filing an affidavit with the customs office at the port where such shipment is to be made that the animal from which said head or trophy was taken was killed prior to the passage of this Act. Any affidavit re- quired by the provisions of this Act may be subscribed and sworn to before any customs officer or before any officer competent to administer an oath. The governor of Alaska is hereby authorized to is- sue licenses for hunting and shipping big game. On issuing a license he shall require the applicant to State Whether the heads Or trophies to be Obtained or shipped under said license will pass through the ports of entry at Seattle, Washington, Portland, Ore- gon, or San Francisco, California, and he shall forth- with notify the collector of customs at the proper port of entry as to the name of the holder of the li- Cense and the name and address of the COnSignee. All proceeds from licenses, except one dollar from each fee, which shall be retained by the clerk issuing the license to cover the cost of printing and issue, shall be paid into the Treasury of the United States as mis- Cellaneous receipts; the amount necessary for the enforcement of this Act shall be estimated for an- nually by the Agricultural Department and appro- priated for including the employment and Salaries to be paid to game wardens herein authorized. And the governor shall annually make a detailed and itemized report to the Secretary of Agriculture, in which he shall state the number and kind of licenses issued, the money received, which report shall also include a full Statement of all trophies exported and all animals and birds exported for any purpose. And the governor of Alaska is further authorized to employ game wardens, to make regulations for the registration and employment of guides, and fix the rates for licensing guides and rates of Compensation for guiding. Every person applying for a guide li- cense shall, at the time of making such application, make and file with the perSon issuing such license an affidavit to the effect that he will Obey all the COn- ditions Of this Act and of the regulations thereunder, that he will not violate any of the game laws or reg- ulations of Alaska, and that he will report all Vio- lations of such laws and regulations that come to his knowledge. Any American citizen or native of Alaska, Of good character, upon Compliance with the require- ments Of this Act, shall be entitled to a guide license. Any guide who shall fail or refuse to report any vio- lation of this Act, or who shall himself violate any of the provisions of this Act, shall have his license re- Voked, and in addition shall be liable to the penalty provided in section seven of this Act, and shall be in- eligible to act as guide for a period of five years from the date of conviction. (May 11, 1908, c. 162, § 5, 35 Stat. 103.) § 3620. Same; shipments of wild birds or animals—It shall be unlawful for any persons, firm, or corporation, or their officers or agents, to deliver to any common carrier, or for the owner, agent, Ol' master of any vessel, or for any other person, to receive for shipment Or have in possession with intent to ship out of Alaska, any wild birds, except eagles, Or parts thereof, or any heads, hides, or carcasses Of brown bear, Caribou, deer, moose, mountain sheep, Or mountain goats, or parts thereof, unless said heads, hides, or Carcasses are accompanied by the required license or coupon and by a copy of the affidavit re- quired by section five of this Act: Provided, That nothing in this Act shall be Construed to prevent the COklection of specimens for scientific purposes, the Capture Or shipment Of live animals and birds for ex- hibition or propagation, or the export from Alaska. Of Specimens under permit from the Secretary of Agri- Culture, and under Such restrictions and limitations as he may prescribe and publish. It shall be the duty of the collector of customs at Seattle, Portland, and San Francisco to keep strict account of all consignments of game animals received from Alaska, and no consignment of game shall be entered until due notice thereof has been received from the governor of Alaska or the Secretary of Agri- culture, and found to agree with the name and ad- dress . On the shipment. Tn case consignments arrive without licenses they shall be detained for sixty days, and if a license be not then produced Said consign- ments shall be forfeited to the United States and shall be delivered by the collector of Customs to the United States marshal Of the district for Such dispo- sition as the court may direct. (May 11, 1908, c. 162, § 6, 35 Stat. 104) . § 3621. Same; violations of law; forfeitures and punishments—PENALTIES.—That any person ViO- lating any of the provisions of this Act shall be deem- ed guilty of a misdemeanor, and upon Conviction thereof shall forfeit to the United States all game Or birds in his possession, and all guns, traps, nets, Or boats used in killing or capturing said game or birds, and shall be punished for each offense by a fine of not more than two hundred dollars Or imprisonment not more than three months, or by both Such fine and imprisonment, in the discretion of the Court. Any person making any false or untrue statements in any Ch. 3A) & 3629 THE TERRITORIES ANO INSULAR POSSESSIONS EPage 539] affidavit required by this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof Shall forfeit to the United States all trophies in his posses- , Sion, and shall be punished by a fine in any sum not more than two hundred dollars Or imprisonment not more than three months, or by both such fine and im- prisonment, in the discretion of the court. ENFORCEMENT.—It is hereby made the duty of all marshals and deputy marshals, collectors or deputy CollectOrS of Customs, all officers of revenue Cutters, and all game Wardens to assist in the enforcement Of this Act. Any marshal, deputy marshal, or warden in Or Out of Alaska may arrest without warrant any person found violating any of the provisions of this Act or any of the regulations herein provided, and may seize any game, birds, or hides, and any traps, nets, guns, boats, or other paraphernalia used in the Capture Of Such game or birds and found in the pos- Session of said person in or out of Alaska, and any Collector or deputy collector of customs, or warden, Or licensed guide, or any person authorized in writing by a marshal shall have the power above provided to arrest perSons found violating this Act or said regu- lations and seize said property without warrant to keep and deliver the same to a marshal or a deputy marshal. It shall be the duty of the Secretary of the Treasury, upon request of the governor or Secre- tary of Agriculture, to aid in carrying out the pro- sº Of this Act. (May 11, 1908, c. 162, § 7, 35 Stat. § 3622. Same; open season for birds extend- ed—From and after the passage of this Act it shall be lawful to kill grouse, ptarmigan, shore birds, and Waterfowl from September first to March first, both inclusive, anywhere in the Territory of Alaska. (March 4, 1911, c. 280, 36 Stat. 1360.) § 3623. Fishing by aliens; sales to aliens– It shall be unlawful for any person not a citizen of the United States, Or Who has declared his inten- tion to become a citizen of the United States, and is not a bona fide resident therein, or for any com- pany, corporation, or association not organized or au- thorized to transact business under the laws of the TJnited States or under the laws of any State, Terri- tory, Or district thereof, or for any person not a native of Alaska, to Catch or kill, or attempt to catch or kill, except with rod, Spear, or gaff, any fish of any kind or species whatsoever in any of the Waters of Alaska under the jurisdiction. Of the United States: Provided, however, That nothing contained in this Act shall prevent those lawfully taking fish in the said waters from selling the same, fresh or cured, in Alaska. Or in Alaskan Waters, to any alien perSon, Company, Or Vessel then being lawfully in said Wa- ters: And provided further, That nothing contained in this Act shall prevent any person, firm, CorpOra- tion, or association lawfully entitled to fish in the waters of Alaska from employing as laborers any aliens who can now be lawfully employed under the existing laws of the United States, either at stated wages or by piecework, or both, in Connection with Alaskan fisheries, Or with the Canning, salting or otherwise preserving of fish. (June 14, 1906, c. 3299, § 1, 34 Stat. 263.) § 3624. Same; penalties; liability of vessels —Every person, company, Corporation, Or associa- tion found guilty of a violation of any provision of this Act or Of any regulation made thereunder shall, for each offense, be fined not less than One hundred dollars nor more than five hundred dollars, which fine shall be a lien against any Vessel or other prop- erty of the offending party or which was used in the commission of such unlawful act. Every vessel used or employed in violation of any provision of this Act or of any regulation made thereunder Shall be liable to a fine Of not less than One hundred dollars nor more than five hundred dollars, and may be seized and proceeded against by way of libel in any COurt having jurisdiction of the offense. (June 14, 1906, c. 3299, § 2, 34 Stat. 264.) § 3625. Same; jurisdiction of prosecutions— The violation of any provision of this Act or of any Iregulation made thereunder may be prosecuted in any TJnited States district court of Alaska, California, Oregon, or Washington. (June 14, 1906, c. 3299, § 3, 34 Stat. 264.) § 3626. Same; searches and seizures of ves- sels; arrests—The Collector of customs of the district of Alaska is hereby authorized to search and seize eVery foreign vessel and arrest every person violat- ing any provision of this Act or any regulation made thereunder, and the Secretary of Commerce [and Labor] shall have power to authorize officers Of the Navy and Of the Revenue-Cutter Service and agents Of the Department of Commerce [and Labor] to like- Wise make such searches, seizures, and arrests. If any foreign Vessel shall be found Within the waters to which this Act applies, having On board fresh Or Cured fish and apparatus or implements suitable for killing Or taking fish, it shall be presumed that the Vessel and apparatus were used in Violation Of this Act until it is otherwise sufficiently proved. And every vessel, its tackle, apparatus, or implements SO Seized shall be given into the custody of the |United States marshal Of either of the districts men- tioned in section three of this Act, and shall be held by him subject to the proceedings provided for in Section tWO Of this Act. The facts in COnnection with such seizure shall be at once reported to the United States district attorney for the district to which the Vessel SO seized shall be taken, whose duty it shall be to institute the proper proceedings. (June 14, 1906, c. 3299, § 4, 34 Stat. 264.) Text in brackets superseded by § 932. § 3627. Same; regulations; enforcement of laws—The Secretary of Commerce [and Labor] shall have power to make rules and regulations not incon- sistent with law to carry into effect the provisions of this Act. And it shall be the duty of the Secretary of COmmerce [and Labor] to enforce the provisions of this Act and the rules and regulations made there- under, and for that purpose he may employ, through the Secretary of the Treasury and the Secretary of the Navy, the Vessels of the United States Revenue- Cutter Service and of the Navy: Provided, however, That nothing contained in this Act shall be construed as affecting any existing treaty or convention between the United States and any foreign power. (June 14, 1906, c. 3299, § 5, 34 Stat. 264.) Text in brackets superseded by § 932. § 3628. Iicense tax on canning fish—Every perSOn, COmpany, Or Corporation Carrying on the busi- ness of canning, curing, or preserving fish or manu- facturing fish products within the territory known as Alaska, ceded to the United States by Russia by the treaty Of March thirtieth, eighteen hundred and sixty-seven, or in any of the waters of Alaska. Over which the United States has jurisdiction, shall, in lieu of all other license fees and taxes therefor and thereon, pay license taxes On their said business and output as follows: Canned salmon, four cents per case; pickled salmon, ten Cents per barrel; salt salmon in bulk, five cents per one hundred pounds; fish Oil, ten cents per barrel; fertilizer, twenty cents per ton. The payment and collection of such license taxes shall be under and in accordance with the provisions Of the Act of March third, eighteen hundred and ninety-nine, entitled “An Act to define and punish Crimes in the district Of Alaska, and to provide a code of Criminal procedure for the district,” and amendments thereto. (June 26, 1906, c. 3547, § 1, 34 Stat. 478.) § 3629. Same; exemptions; hatcheries—The Catch and pack of salmon made in Alaska by the owners of private salmon hatcheries operated in Alaska, shall be exempt from all license fees and taxation of every nature at the rate of ten cases of *- & 3629 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IPage 540] canned salmon to every One thousand red or king salmon fry liberated, upon the following conditions: That the Secretary Of Commerce [and Labor] may from time to time, and on the application of the hatchery owner shall, within a reasonable time there- after, cause such private hatcheries to be inspected for the purpose of determining the character of their operations, efficiency, and productiveness, and if he approve the same shall cause notice Of Such ap- proval to be filed in the office of the clerk or deputy clerk of the United States district court of the divi- sion of the district of Alaska wherein any suáh hatch- ery is located, and shall also notify the owners of such hatchery of the action taken by him. The Own- er, agent, officer, or superintendent of any hatchery the effectiveness and productiveness of which has been approved as above provided shall, between the thirtieth day of June and the thirty-first day of De- cember of each year, make proof of the number of salmon fry liberated during the twelve months im- mediately preceding the thirtieth day of June, by a written statement under Oath. Such proof shall be filed in the Office of the clerk Or deputy clerk Of the TJnited States district Court Of the division Of the district of Alaska wherein such hatchery is located, and when so filed shall entitle the respective hatchery Owners to the exemption as herein provided; and a false oath as to the number of salmon fry liberated shall be deemed perjury and subject the Offender to all the pains and penalties thereof. Duplicates of Such statements shall also be filed with the Secretary of Commerce [and Labor]. It shall be the duty of such clerk or deputy clerk in whose office the approval and proof heretofore provided for are filed to forth- with issue to the hatchery Owner, causing such proofs to be filed, certificates which shall not be transfer- able and Of Such denominations as Said Owner may request (no Certificate to COver fewer than One thou- Sand fry), COVering in the aggregate the number of fry So proved to have been liberated; and Such cer- tificates' may be used at any time by the person, Com- pany, Corporation, or association to whom issued for the payment pro tanto of any license fees or taxes upon or against or on account of any catch or pack Of Salmon made by them in Alaska; and it shall be the duty of all public officials charged with the duty of Collecting or receiving such license fees Or taxes to accept such certificates in lieu of money in pay- ment of all license fees or taxes upon or against the pack of canned salmon at the ratio of one thou- Sand fry for each ten cases of salmon. No hatchery Owner shall obtain the rebates from the output of any hatchery to which he might otherwise be entitled under this Act unless the efficiency of said hatchery has first been approved by the Secretary of Com- Imerce [and Labor] in the manner herein provided for. (June 26, 1906, c. 3547, § 2, 34 Stat. 478.) - Text in brackets superseded by § 932. - § 3630. salmon-It shall be unlawful to erect or maintain any dam, barricade, fence, trap, fish wheel, or other fixed Or Stationary obstruction, except for purposes of fish Culture, in any of the waters of Alaska at any point Where the distance from shore to shore is less than five hundred feet, or within five hundred yards of the mouth of any red-salmon stream where the same is less than five hundred feet in width, with the pur- pose or result of capturing salmon or preventing or impeding their ascent to their spawning grounds; and the Secretary of Commerce [and Labor] is here- by authorized and directed to have any and all such unlawful obstructions removed or destroyed. (June 26, 1906, c. 3547, § 3, 34 Stat. 479.) - Text in brackets superseded by § 932. $ 3631. Nets, seines or traps, restricted—It Shall be unlawful to lay or set any drift net, seine, Set net, pound net, trap, or any other fishing appli- ance, for any purpose except for purposes of fish Culture, across or above the tide waters of any creek, Obstructions in waters for capturing stream, river, estuary, or lagoon, for a distance great- er than one-third the width of such creek, stream, riv- er, estuary, or lagoon, or within one hundred yards outside of the mouth of any red-salmon stream where the same is less than five hundred feet in width. It shall be unlawful to lay or set any seine Or net Of any kind within one hundred yards of any other Seine, net, or other fishing appliance which is being or which has been laid or set in any of the waters of Alaska, or to drive or construct any trap or any oth- er fixed fishing appliance within six hundred yards laterally or within one hundred yards endwise of any other trap or fixed fishing appliance. (June 26, 1906, c. 3547, § 4, 34 Stat. 479.) § 3632. Close season for salmon; stationary and floating traps—It shall be unlawful to fish for, take, or kill any salmon of any species in any manner or by any means except by rod, spear, or gaff, in any Of the waters of Alaska. Over which the United States has jurisdiction, except Cook Inlet, the Delta of Cop- per River, Bering Sea, and the waters tributary there- to, from six o'clock postmeridian of Saturday of each Week until six o'clock antemeridian Of the Monday following, or to fish for, or catch, or kill in any man- ner or by any appliances except by rod, spear, or gaff, any salmon in any stream of less than one hun- dred yards in width in Alaska between the hours of six o'clock in the evening and six o'clock in the morn- ing of the following day of each and every day of the Week. Throughout the weekly close season herein prescribed the gate, mouth, or tunnel of all station- ary and floating traps shall be closed, and twenty-five feet of the webbing or net of the “heart” of such traps on each side next to the “pot” shall be lifted Or lowered in Such manner as to permit the free passage of salmon and other fishes. (June 26, 1906, c. 3547, § 5, 34 Stat. 479.) § 3633. Spawning grounds—The Secretary of Commerce [and Labor] may, in his discretion, set aside any streams Or lakes as preserves for spawning grounds, in which fishing may be limited or entirely prohibited ; and when, in his judgment, the results Of fishing Operations in any stream, or off the mouth thereof, indicate that the number of salmon taken is larger than the natural production of salmon in Such stream, he is authorized to establish close sea- Sons or to limit or prohibit fishing entirely for one year Or more within such stream Or within five hun- dred yards Of the mouth thereof, so as to permit Salm- on to increase: Provided, however, That such pow- er shall be exercised only after all persons interested Shall be given a hearing, of which due notice must be given by publication ; and where the interested parties are known to the Department they shall be personally notified by a notice mailed not less than thirty days previous to such hearing. No order made Under this section shall be effective before the next Calendar year after same is made: And provided fur- ther, That such limitations and prohibitions shall not apply to those engaged in catching salmon who keep Such streams fully stocked with Salmon by artificial Rºsation. (June 26, 1906, c. 3547, § 6, 34 Stat. .) Text in brackets superseded by § 932. § 3634. Camming or salting salmon—It shall be unlawful to can or salt for sale for food any salmon more than forty-eight hours after it has been killed. (June 26, 1906, c. 3547, § 7, 34 Stat. 480.) § 3635. Waste or destruction of food fish–It shall be unlawful for any person, company, or corpo- ration WantOnly to Waste or destroy Salmon or other food fishes taken or caught in any of the waters of Alaska. (June 26, 1906, c. 3547, § 8, 34 Stat. 480.) § 3636. False labeling or branding of pack- ages of fish—It shall be unlawful for any person, company, Or Corporation canning, salting, or curing fish of any species in Alaska to use any label, brand, or trade-mark Which shall tend to misrepresent the COntents of any package of fish offered for Sale: Pro- Ch. 3A) § 3643bb THE TERRITORIES AND INSULAR POSSESSIONS [Page 541] Vided, That the use of the terms “red,” “medium red,” “pink,” “chum,” and so forth, as applied to the vari- OuS Species Of Pacific salmon under present trade usages Shall not be deemed in conflict with the pro- Visions of this Act when used to designate salmon Of those known species. (June 26, 1906, c. 3547, § 9, 34 Stat. 480.) § 3637. Reports of persons engaged in fishing industry—Every person, company, and corporation engaged in catching, curing, or in any manner utiliz- ing fishery products, or in operating fish hatcheries in Alaska, shall make detailed annual reports thereof to the Secretary of Commerce [and Labor], on blanks furnished by him, covering all such facts as may be required with respect thereto for the information of the Department. Such reports shall be sworn to by the Superintendent, manager, or other person having knowledge of the facts, a separate blank form being used for each establishment in cases where more than One Cannery, Saltery, or other establishment is con- ducted by a person, company, or corporation, and the Same Shall be forwarded to the Department at the Close of the fishing season and not later than Decem- ber fifteenth of each year. 10, 34 Stat. 480.) Text in brackets superseded by § 932. $ 3638. Manner of catching or killing fish– The catching or killing, except with rod, spear, or gaff of any fish of any kind or species whatsoever in any of the waters of Alaska over which the United States has jurisdiction, shall be subject to the provi- Sions of this Act, and the Secretary of Commerce [and Labor] is hereby authorized to make and estab- lish Such rules and regulations not inconsistent with law as may be necessary to carry into effect the pro- Visions of this Act. (June 26, 1906, c. 3547, § 11, 34 Stat. 480.) - Text in brackets superseded by § 932. - § 3639. Inspector of fisheries and assistants— To enforce the provisions Of law herein, and Such regulations as the Secretary of Treasury may estab- lish in pursuance thereof, he is authorized and direct- ed to appoint one inspector of fisheries, at a salary Of One thousand eight hundred dollars per annum, and tWO assistant inspectors, at a salary of one thousand six hundred dollars each per annum; and he will annually Submit to Congress estimates to cover the Salaries and actual traveling expenses of the Officers hereby authorized and for such other expenditures as may be necessary to Carry out the provisions of the law herein. (June 9, 1896, c. 387, § 4, 29 Stat. 317.) § 3640. Same; agent and assistant agent—In lieu Of the three inspectors whose employment is au- thorized by the Act of June ninth, eighteen hundred and ninety-six, there shall be appointed by the Presi- dent, by and with the advice and Consent of the Sen- ate, One agent, at a Salary of two thousand five hun- dred dollars per annum, and one assistant agent, at a Salary of two thousand dollars per annum. (June 4, 1897, c. 2, § 1, 30 Stat. 29.) - - - Current appropriation act for appropriation for compen- ść. agent, etc., see Act June 12, 1917, c. 27, § 1, 40 § 3641. Same; officers and employés of De- partment of Commerce for enforcement of law —To enforce the provisions of this Act and such regu- lations as he may establish in pursuance thereof, the Secretary of Commerce [and Labor] is authorized and directed to depute, in addition to the agent and assistant agent of salmon fisheries now provided by law, from the officers and employés of the Depart- ment Of Commerce [and Labor], a force adequate to the performance of all work required for the proper investigation, inspection, and regulation of the Alas- kan fisheries and hatcheries, and he shall annually submit to Congress estimates to COVer the COst Of the establishment and maintenance of fish hatcheries in Alaska, the salaries and actual traveling expenses of Such Officials, and for such other expenditures as may (June 26, 1906, c. 3547, § be necessary to carry out the provisions of this Act. (June 26, 1906, c. 3547, § 12, 34 Stat. 480.) - Text in brackets superseded by § 932. § 3642. Same; punishment for violations of law-Any person, company, corporation, or associa- tion. Violating any provision of this Act or any regula- tion established in pursuance thereof shall, upon con- Viction thereof, be punished by a fine not exceeding One thousand dollars Or imprisonment at hard labor for a term of not more than ninety days, or by both Such fine and imprisonment, at the discretion of the COurt ; and in Case Of the violation of any of the pro- Visions Of Section four of this Act and Conviction thereof a further fine of not more than two hundred and fifty dollars per diem may, at the discretion of the Court, be imposed for each day such obstruction is maintained. And every vessel or other apparatus Or equipment used Or employed in violation. Of any pro- Vision of this Act, or of any regulation made there- under, may be seized by order of the Secretary of Commerce [and Labor], and shall be held subject to the payment Of Such fine Or fines as may be imposed. (June 26, 1906, c. 3547, § 13, 34 Stat. 481.) Text in brackets superseded by § 932. § 3643. Same; jurisdiction of prosecutions- The violation of any provision of this Act may be prosecuted in any district court of Alaska or any dis- trict Court Of the United States in the States of Cali- fornia, Oregon, or Washington. And it shall be the duty Of the Secretary of Commerce [and Labor] to en- force the provisions of this Act and the rules and regulations made thereunder. And it shall be the duty of the district attorney to whom any violation is reported by any agent or representative Of the Depart- ment Of Commerce [and Labor] to institute proceed- ings necessary to carry Out the provisions Of this Act. (June 26, 1906, c. 3547, § 14, 34 Stat. 481.) Text in brackets superseded by § 932. § 3643a. [Omitted.] These provisions were sections 10–18 of Act Feb. 6, 1909, c. 80, 35 Stat. 603, requiring the licensing of practitioners of medicine and surgery. They are omitted from this compilation as being local police regulations. § 3643b. Manufacture or sale of intoxicating liquor prohibited—On and after the first day of January, anno Domini nineteen hundred and eighteen, it shall be unlawful for any person, house, a SSOCia- tion, firm, company, club, or corporation, his, its, or their agents, officers, clerks, or servants, to manufac- ture, sell, give, or otherwise dispose of any intoxicat- ing liquor or alcohol of any kind in the Territory of Alaska, or to have in his or its possession or to trans- port any intoxicating liquor or alcohol in the Terri- tory of Alaska unless the same was procured and is so possessed and transported as hereinafter provided. Whenever the term “liquor,” “intoxicating liquor,” or “intoxicating liquors” is used in this Act it shall. be deemed to include whisky, brandy, rum, gin, Wine, ale, porter, beer, cordials, hard or fermented cider, al- coholic bitters, ethyl alcohol and all malt liquors, in- cluding all alcoholic compounds classed by the United States Internal Revenue Bureau as “Compound liq- uors”: Provided, That this Act shall not apply to methyl or wood alcohol. - - That any person or perSons, or any house, COm. pany, association, club, or corporation, his, its, Or their agents, officers, clerks, or servants, Who Shall, directly or indirectly violate the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000 or shall be imprisoned for a period of not more than one year, or by both such fine and imprisonment. (Feb. 14, 1917, c. 53, § 1, 39 Stat. 903.) § 3643bb. Transportation of pure alcohol by pharmacists—Before a pharmacist Shall be author- ized to transport pure alcohol for Scientific, artistic, or mechanical purposes or for compounding or pre- paring medicines, as provided by this Act, he shall procure a permit for that purpose from the judge of ź 3643c (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONs IPage 542] the district court in the division where the applicant resides. (Feb. 14, 1917, c. 53, § 2, 39 Stat. 903.) § 3643 c. Same; permits; application for—TO procure such permit a pharmacist shall make and file with the clerk of the said district court a state- ment in writing, under oath, stating that he desires to transport pure alcohol for scientific, artistic, Or mechanical purposes or for compounding, preparing, Or preserving medicines Only, as provided by this Act, and giving his name, the location of his place of busi- neSS, a statement that he is a licensed pharmacist, that he is regularly engaged in the practice Of his profession at the location named, and that he will not violate the provisions of this Act. (Feb. 14, 1917, c. 53, § 3, 39 Stat. 904.) . § 3643 cc. Same; permits; issue; form—If the judge of the district court of any division in Alaska is satisfied of the good faith of the applicant he Shall issue to such pharmacist a permit to transport pure alcohol for compounding, preparing, or pre- Serving medicines or for scientific, artistic, or me- Chanical purposes. Such permit shall be substantially in the following form: “Permit to pharmacists to transport pure alcohol for Compounding, preparing, and preserving medicines Only or for scientific, artistic, or mechanical pur- poSeS. * “District court, SS. - & & =**=º-g division, Territory of Alaska, , a pharmacist, residing at , is hereby permitted to transport pure alcohol for Com- pounding, preparing, and preserving medicines Only or for scientific, artistic, or mechanical purposes. This permit can only be used for One shipment and Will be void after six months from the date Of iSSue. . “By order of the district Court aforesaid. “Dated this day of , nineteen hundred and - - - “Judge of the district court.” (Feb. 14, 1917, c. 53, § 4, 39 Stat. 904.) § 3643d. Saxme; permits; issue; hereof shall be issued upon forms supplied by the Clerk of the district Court and shall COntain the per- mit, a copy of the application for permit, and a COpy of the provisions of section six of this Act, and Shall be issued under the seal of the said court and shall be void for transportation purposes after six months from the date of issuance. The Clerk of said district court shall keep in a separate book provided for that purpose a record of permits issued under this Act, wherein shall be entered the date and the number thereof, the person to whom issued, and the purpose for which issued. (Feb. 14, 1917, c. 53, § 5, 39 Stat. 904.) § 3643dd. Same; permits; attaching to pack- ages; cancellation—Said permit shall be attached to and remain affixed in a conspicuous place upon any package or parcel containing pure alcohol imported into Or shipped in the Territory of Alaska, and When So affixed shall authorize any COmmon Carrier Or any person Operating a boat or vehicle for the transporta- tion of goods, wares, or merchandise Within the Ter- ritory of Alaska to transport, ship, or carry such pure alcohol. Any person so transporting such alcohol shall, before the delivery of such package or parcel, cancel said permit and so deface the same that it can not be used again. (Feb. 14, 1917, c. 53, § 6, 39 Stat. 904.) § 36436. Records of shipments of alcohol— All express companies, railroad Companies, public Or private carriers are hereby required to keep a sepa- rate book in which shall be entered, immediately up- on receipt thereof, the name of the person to whom pure alcohol is shipped, from what City or town and State the same was shipped, and the name Of the shipper, the amount and kind received, the date When received, the date when delivered, and to whom de- dered by contents; reeords of—Said permit mentioned in section four permits; livered, after which record there shall be a blank Space in which the consignee shall be required to sign his own name, in ink, before such pure alcohol is delivered to such consignee, which book shall be Open to the inspection of the public at any time during business hours of the company and shall not be re- moved from the place Where the same is required to be kept. A copy of entries upon any such record here- in provided to be kept, when certified to by the agent of any express or railroad company or any public Or private carrier in charge of the same, shall COnstitute prima facie evidence of the facts therein Stated in any court of the Territory. It shall be unlawful for any perSOn, house, associa- tion, firm, Company, Club, Or CorpOration, his, itS, Or their agents, officers, clerks, or servants, to ship al- cohol or intoxicating liquor to a false or fictitious name or person, Or any person to receive Or receipt for alcohol or intoxicating liquor in a false Or fic- titious name. (Feb. 14, 1917, c. 53, § 7, 39 Stat. 904.) § 36436e. Transportation of wine for sacra- mental purposes—Any Common Carrier Or any per- son Operating a boat or Vehicle for the transporta- tion. Of goods, wares, Or merChandise may a CCept for transportation and may transport to any place within the Territory of Alaska shipments of wine for sacra- mental purposes when there is attached to such ship- ment a certificate in substantially the following form: “I (or we) certify that this package contains only (amount) Of who represents himself to be a duly authorized and officiating priest or minister of the Church at , and that said Wine is de- sired for sacramental purposes Only. “— .” (Signature of Shipper.) (Feb. 14, 1917, c. 53, § 8, 39 Stat. 905.) . § 3643ſ. Same; refusal of delivery without certificates—Whenever a shipment Of wines for SãC- ramental purposes shall have been transported for delivery within the Territory of Alaska the deliver- ing agent of the transportation company must re- fuse to deliver the same unless it is accompanied by the certificate prescribed in section eight of this Act, and then Only to the person to whom the same is addressed or upon his written order. The transporta- tion company must keep a record of all shipments and deliveries of wines for sacramental purposes and must preserve for a period of one year after their receipt all certificates accompanying such shipments and all written orders upon which deliveries may be Such records must be open to the inspection (Feb. made. of the public at any time during office hours. 14, 1917, c. 53, § 9, 39 Stat. 905.) § 3643ſf. Alcohol for seientific purposes; application for—Any person who shall desire to purchase pure alcohol for scientific, artistic, Or mechanical purposes shall apply to the district court aforesaid for a permit for that purpose. To procure such permit he shall make and file With the Clerk Of the district COurt a Statement in Writing, under Oath, Stating that he desires to purchase pure alcohol for scientific, artistic, or mechanical purposes as provided by this Act, and giving his name and resi- dence and the place at which such pure alcohol is to be used. (Feb. 14, 1917, c. 53, § 10, 39 Stat. 905.) * § 3643g. Same; permits; form—If the judge of said district court is satisfied of the good faith of the applicant, he shall issue to said applicant a permit to purchase a reasonable amount of pure alcohol for Scientific, artistic, or mechanical purposes. The Orig- inal of said permit shall have attached thereto a duplicate copy, and each shall be numbered with the Same number and be in Substantially the following form: “District Court, SS. * & & , residing at , is hereby per- mitted to purchase pure alcohol in the amount of Division, Territory of Alaska, (wine), which has been Or- Ch. 3A) ź 3643k THE TERRITORIES AND INSULAR POSSESSIONS [Page 543] - (here insert quantity), to be used for scientific, artistic, or mechanical purposes. This permit Can only be used for one purchase, and the copy thereof attached hereto shall be conspicuously pasted upon. the package containing said alcohol, and this permit to purchase shall be void after ninety days from the date hereof. “By order of the district court aforesaid. “Dated this day of , nineteen hun- dred and , Judge of the District Court.” (Feb. 14, 1917, c. 53, § 11, 39 Stat. 905.) § 3643gg. Same; permits; cancellation—The permit mentioned in section eleven shall authorize the applicant to purchase and any pharmacist to Sell and deliver to him the quantity named in the said permit. The permit shall be canceled, kept, and retained on file for at least one year by the pharmacist so Sell- ing said pure alcohol, and the copy of Said permit shall be, by the pharmacist, conspicuously pasted up- on the receptacle containing said alcohol, and shall SO remain upon said receptacle so long as the Salme shall contain alcohol. Said permit and Copy Shall only authorize one purchase and sale. It shall be unlawful for any pharmacist to sell pure alcohol with- out the permit herein specified, or for any person to keep Or have in his possession any pure alcohol unless the receptacle COntaining the same Shall be distinct- ly labeled with the copy of the permit authorizing the purchase of the same. (Feb. 14, 1917, c. 53, § 12, 39 Stat. 906.) - § 3643h. Use of building or vehicle, in viola- tion of law—It shall be unlawful for any person OWning, leasing, Or occupying or in possession. Or Con- trol of any premises, building, vehicle, car, or boat to knowingly permit thereon or therein the manufac- ture, transportation, disposal, or the keeping of in- toxicating liquor with intent to manufacture, trans- port, Or dispose of the same in violation of the pro- Visions of this Act. (Feb. 14, 1917, c. 53, § 13, 39 Stat. 906.) - § 3643hh. Importation of liquors except as provided by law—It shall be unlawful for any per- Son to import, ship, sell, transport, deliver, receive, or have in his possession any intoxicating liquors, ex- cept as in this Act provided. (Feb. 14, 1917, c. 53, § 14, 39 Stat. 906.) § 3643i. Drinking liquors in or on passenger coach-Any person who shall in or upon any passen- ger Coach, street car, boat, or in or upon any other Vehicle Commonly used for the transportation of pas- Sengers, Or in Or about any depot, platform, or wait- ing röOm drink any intoxicating liquor of any kind, Or any perSOn Who shall be drunk Or intoxicated in any public or private road or street, or in any pas- Senger Coach, Street car, or any public place or build- ing, or at any public gathering, or any person who Shall be drunk or intoxicated and shall disturb the peace of any person, shall be guilty of a misdemeanor. (Feb. 14, 1917, c. 53, § 15, 39 Stat. 906.) § 364:3ii. Tºeeping place for sale of Iiguors— Every person who shall directly or indirectly keep Or maintain by himself or by associating with others, Or Who Shall in any manner aid, assist, or abet in keeping or maintaining any club house, or other place in which alcoholic liquor is received or kept for the purpose Of use, gift, barter, or sale, or for dis- tribution or division among the members of any club Or association by any means whatsoever, or who Shall maintain what is commonly known as the “lock- er System” or other device for evading the provisions Of this Act, and every person who shall use, barter, Sell, give away, Or assist or abet in bartering, selling, Or giving away any liquors so received or kept, shall be deemed guilty of a misdemeanor and upon con- Viction thereof be subject to the penalties prescribed in Section one of this Act; and in all cases the mem- bers, shareholders, associates, or employees in any club or association mentioned in this section shall be competent witnesses to prove any violations Of the provisions of this section of this Act, or of any fact tending thereto ; and no person shall be excused from testifying as to any offense committed by another against any of the provisions of this Act by reason Of his testimony tending to Criminate himself, but the testimony given by such person shall in no case be used against him. The keeping or giving away of alcoholic liquors, or any schemes or devices whatever, to evade the provisions of this Act shall be deemed unlawful with- in the provisions of this Act. (Feb. 14, 1917, c. 53, § 16, 39 Stat. 906.) § 3643.j. Arrest of persons charged with vio- lations of act—If one or more persons Who are COm- petent witnesses shall charge, on Oath or affirmation, before the district attorney or any of his deputies duly authorized to act for him, presenting that any person, company, copartnership, association, Club, Ol' corporation has or have violated or is violating the provisions of this Act by manufacturing, storing, Or depositing, Offering for sale, keeping for sale Or use, trafficking in, bartering, exchanging for goods, giv- ing away, or otherwise furnishing alcoholic liquor, shall request said district attorney Or any of his a S- sistants duly authorized to act for him to cause to be issued a warrant, said attorney or any Of his a S- Sistants shall cause to be issued such Warrant, in which warrant the room, house, building, or other place in which the violation is alleged to have OC- curred or is occurring shall be specifically described ; and said warrant shall be placed in the hands of the marshal, his deputy, or any town inarshal or police- man in any town in which the room, house, building, or other place above referred to is located, command- ing him to at once thoroughly search said described room, house, building, or Other place, and the ap- purtenances thereof; and if any such be found, to take into his possession and safely keep, to be pro- duced as evidence when required, all alcoholic liq- uors and all the means of dispensing the same, also all the paraphernalia or part of the paraphernalia of a barroom Or other alcoholic liquor establishment, and any United States internal-revenue tax receipt or Certificate for the manufacture Or Sale Of alcoholic liquor, effective for the period of time covering the alleged offense, and forthwith report all the facts to the district attorney or his deputy, and such al- coholic liquor or the means for dispensing same, or the paraphernalia. Of a barroom or other alcoholic liquor establishment, or any United States internal- revenue tax receipt or certificate for the sale of alcoholic liquor, effective as aforesaid, shall be prima facie evidence of the violation of the provisions of this Act. (Feb. 14, 1917, c. 53, § 17, 39 Stat. 906.) § 3643.jj. Evidence to convict—It shall not be necessary, in Order to convict any person, company, house, association, Copartnership, club, or corpora- tion, his, its, or their agents, officers, clerks, or Serv- ants of manufacturing, importing, or selling alcoholic liquors, to prove the actual manufacture, importing, Sale, delivery . Of, Or payment for any alcoholic liq- uors, but the evidence Of having or keeping them in hand, stored or deposited, taking Orders for, or Offer- ing to sell or barter, Or exchanging them for goods or merchandise, or giving them away, shall be sufficient to convict; nor shall it be necessary in a Warrant, in- formation, Or indictment to Specify the particular kind of alcoholic liquor which is made the subject of a charge of violation of this Act. (Feb. 14, 1917, c. 53, § 18, 39 Stat. 907.) - § 3643k. Liquor nuisances; maintenance; abatement—All houses, boats, boathouses, buildings, clubrooms, and places of every description, including drug stores, where alcoholic liquors are manufactured, stored, sold, Or Vended, given a Way, or furnished Con- trary to law, including those in which clubs, orders, 3 3643kk (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 544] Or associations sell, barter, give away, distribute, or dispense intoxicating liquors to their members by any Imeans Or device whatever, as provided in this Act, Shall be held, taken, and deemed common and public nuisances. And any person who shall maintain, or shall aid or abet, or knowingly be associated with Others, in maintaining such common and public nui- Sance, shall be guilty Of a misdemeanOr and upon Conviction thereof shall be subject to the penalties pre- Scribed in section One of this Act, and judgment shall be given that such house, boat, building, or other place, or any room therein, be abated or closed up as a place for the Sale Or keeping Of Such liquor COntrary to law, as the court may determine. (Feb. 14, 1917, c. 53, § 19, 39 Stat. 907.) § 3643kk. Same; actions for abatement—Any United States district attorney for the Territory of Alaska may maintain an action in equity in the name Of the United States to abate and perpetually enjoin such a nuisance as defined in the preceding section. No bond shall be required. Any person violating the terms of any injunction granted in such proceedings shall be punished for Contempt by a fine Of not more than $500 or by imprisonment in the Federal jail for not more than six months, or both such fine and im- prisonment, in the discretion of the court. (Feb. 14, 1917, c. 53, § 20, 39 Stat. 907.) § 3643l. Same; violations of law by tenant; forfeiture of lease—If a tenant of a building Or tene- ment is convicted of using such premises or any part thereof or maintaining a Common nuisance, as herein- before defined, Or of knowingly permitting such use by another, the Conviction of such use shall render void the lease under which he holds and shall Cause the right of possession to revert to the Owner or lessor, who may, without process of law, make immediate entry upon the premises, or may avail himself of the reme- dy provided for the forcible detention thereof. (Feb. 14, 1917, c. 53, § 21, 39 Stat. 907.) § 3643!l. Same; knowingly permitting—Any- One who knowingly permits any building OWned Or leased by him or under his Control, Or any part there- of, to be used in maintaining a common nuisance here- inbefore described in section nineteen of this Act, neglects to take all reasonable measures to eject therefrom the person So using the same, shall be deemed guilty of assisting in maintaining such nui- sance. (Feb. 14, 1917, c. 53, § 22, 39 Stat. 908.) § 3643m. Property in alcoholic liquors ille- gally manufactured; searches and seizures—No property right of any kind shall exist in alcoholic liquors or beverages illegally manufactured, receiv- ed, possessed, or stored under this Act, and in all such Cases the liquors are forfeited to the United States and may be, Searched for and seized and Ordered to be destroyed by the COurt after a conviction, when such liquors have been seized for use as evidence, or upon satisfactory evidence to the court presented by the district attorney that Such liquors are Contra- band. (Feb. 14, 1917, c. 53, § 23, 39 Stat. 908.) § 3643mm. Punishment for violations of act— Any person convicted of a violation of any of the provisions Of this Act where the punishment there- for is not herein Specifically provided shall be pun- ished as provided by section. One of this Act. (Feb. 14, 1917, c. 53, § 24, 39 Stat. 908.) § 3643m. Revocation of licenses of pharma- cists—In case a pharmacist is convicted under the provisions Of this Act the judge of the district court, in addition to the penalty provided in this Act, may, in his discretion, revoke his license to practice phar- macy, and thereafter he shall not receive a license for One year. (Feb. 14, 1917, c. 53, § 25, 39 Stat. 908.) § 3643mn. Evidence of sale of liquors—The is- suance by the United States of any internal revenue Special tax stamp or receipt to any person as a dealer in intoxicating liquors shall be prima facie evidence Of the sale of intoxicating liquors by such person dur- ; the time the stamp or receipt is in force and ef- eCt. A copy of such stamp or receipt or of the record of the issuance thereof, certified to by a United States internal-revenue officer having charge of such record, is admissible as evidence in like case and with like effect as the original stamp or receipt. (Feb. 14, 1917, c. 53, § 26, 39 Stat. 908.) § 3.6430. Duties of officers to enforce law—It shall be the duty of the governor of Alaska, the Unit- ed States marshals and their deputies, mayors, and members of town councils, town marshals, and police officers of all incorporated towns in Alaska, all Fed: eral game wardens, agents of the Bureau of Fisher- ies and Forestry Service, Customs COllectOrS and their deputies, employees of the Bureau of Education, prosecuting attorneys and their deputies, and all other Federal and Territorial executive Officers to enforce the provisions of this Act. (Feb. 14, 1917, c. 53, § 27, 39 Stat. 908.) § 3.64300. Informations for violations of law —Prosecutions for violations of the provisions of this Act shall be on information filed by any such officer before any justice of the peace or district judge, Or upon indictment by any grand jury of the Territory of Alaska, and said United States district attorney or his deputy shall file such information upon the presentation to him or his assistants of sworn in- formation that the law has been violated; and in Such prosecutions anyone making a false Oath to any ma- terial fact shall be deemed guilty of perjury. (Feb. 14, 1917, c. 53, § 28, 39 Stat. 908.) § 36431). Importing liquors in violation of law —Any person, company, or corporation who shall im- port or carry liquors into or upon the Territorial wa- ters of Alaska in or upon any steamship, Steamboat, vessel, boat, or other water craft, or shall permit the same to be so imported or carried into or upon said waters, except under the provisions of this Act, Shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section one of this Act. (Feb. 14, 1917, c. 53, § 29, 39 Stat. 908.) § 3643pp. Liquor licenses—In addition to the power now exercised the judges of the district courts of Alaska may grant liquor licenses for any period of time less than one year upon a pro rata of the li- cense fee for One year, but not to extend beyond the first day of January, nineteen hundred and eighteen, under the provisions of law now in force there so far as the same are applicable. (Feb. 14, 1917, c. 53, § 30, 39 Stat. 909.) - § 36434. Additional legislation by legislature —The Legislature of the Territory of Alaska may pass additional legislation in aid of the enforcement of this Act not inconsistent with its provisions. (Feb. 14, 1917, c. 53, § 31, 39 Stat. 909.) tº § 364344. Singular includes plural and mas- culine feminine—In the interpretation of this Act words of the singular number shall be deemed to in- clude their plurals, and words of the masculine gen- der shall be deemed to include the feminine, as the case may be. (Feb. 14, 1917, c. 53, § 32, 39 Stat. 909.) § 3643r. Time of taking effect of act; repeal— This Act shall be in full force and effect On and after the first day of January, nineteen hundred and eigh- teen, and all laws and parts of laws inconsistent here- with be, and they are hereby, repealed as of that date. (Feb. 14, 1917, c. 53, § 33, 39 Stat. 909.) Ch. 3B) THE TERRITORIES AND INSULAR POSSESSIONS IPage 545] © tº Sec. QUALIFICATIONS OF REPRESENTATIVES Sec. Chapter Three B Hawaii 3682. Qualifications. GENERAL PROVISIONS LEGISLATION DEFINITIONS SESSIONS OF THE LEGISLATURE 3644. Definitions. 3683. Date for regular session. TERRITORY OF HAWAII 3684. Adjournment by separate houses. * 3645. Islands acquired to be Territory of Hawaii. 3685. Duration of sessions; special Sessions. GOVERNIMENT OF THE TERRITORY OF HAWAII ENACTING CLAUSE—ENGLISH LANGUAGE .* 3646. Government established; capital. 3686. Enacting clause; proceedings in English language, CITIZENSIHIP TITLE OF LAWS 3647. Citizenship. 3687. Subject and title of laws. APPLICATION OF THE LAWS OF THE UNITED STATES READING OF BILLS 3648. Constitution and laws of United States in effect. 3688. Passage of bills; readings; vote on final passage. LAWS OF HAWAII CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER 3649. Existing laws continued in force. 3689. Bills passed by one house certified to other. CERTAIN OFFICES ABOLISEHEID º SIGNING BILLS 3650. Offices of Republic abolished. 3690. Signature of governor. VETO OF GOVERNOR AIMIENDMENT OF OFFICIAL TITLES e 3651. Titles of ºrial n offices amended. 3691. Approval or veto of bills; appropriation bills. PROCEDURE UPON RECEIPT OF VETO CONSTRUCTION OF EXISTING STATUTES º & se 692. Proced º 3652. Effect on prior rights and offenses previously punish- 3 rocedure on receipt of veto able. FAILURE TO SIGN OR WETO STYLE OF PROCESS 3693. Failure of governor to sign, veto, or return bill. 3653. Style of process in courts. - & APPROPRIATIONS * THE LEGISLATURE ; §ºpº f 0. Salile; eStirnateS for. - THE LEGISLATIVE IFOWER 3696. Same; current expenses. 3654. The legislature. 3655. Legislators to be elected. 69 Legislative Power GENERAL ELECTIONS 3697. Scope of legislative power. 3656. General elections. TOWN, CITY AND COUNTY GOVERNMENT EACH HOUSE JUDGE OF QUALIFICATION OF MEMBERS 3698. Counties, and municipalities and officials thereof. 3657. Each house to be judge of election and qualifications of ELECTIONS members. EXEMPTION OF ELECTOR'S ON ELECTION DAY DISQUALIFICATIONS OF LEGISLATORS 3699. Privilege of electors from arrest. 3658. Election or appointment to other office during term. 3700. Military duty. pisoualifications of govrºnMºnt officers AND Extrioxins anoi. you º OF jº FOR REPRESENTATIVES 3659. Persons ineligible as legislators. e Ing. IOT representatlveS. 3660. Persons expelled from legislature for bribery, and con- QUALIFICATIONS OF WOTERS FOR REPRESENTATIVES victs ineligible to vote or hold Office. 3702. Qualifications of electors. OATH OF OFFICE METHOD OF WOTING FOR SENATORS 3661. Legislators and territorial officers. 3703. Voting for senators. OFFICERS AND RULES QUALIFICATIONS OF WOTERS FOR SENATORS AND IN ALL OTHER 3662. Officers, rules, and journal of senate and house. ELECTIONS 3704. Qualifications of electors. 3663. A d . º NOES 3704a. Qualifications of females. . Ayes and noes recorded. 3704b. Submission to voters of right of females to vote. QUORUIM 3704c: Repeal of laws restricting right to vote to males. 3664. Quorum; vote for final passage of law. 3704d. Effect of Act. . • * * 3665. Adjournment and compelling attendance of absentees. 3705. Pººl. in Territory by reason of military or naval 3666. Ascertainin resence of quorum. º 3 p Q. 3706. Districts and precincts; apportionment of senators and PUINISHIIMIENT OF PERSONS NOT IMEMBERS representatives. 3667. Contempt; right of defense. THE EXECUTIVE COMPENSATION OF MEIMBERS THE EXECUTIVE POWER 3668. Compensation. 3707. Governor; appointment; term. PUNISHMENT OF MEMBERS ENFORCEMENT OF LAW 3669. Punishment of members. 3708. Governor to execute laws. EXEMPTION FROM IIABILITY GENERAL POWERS OF THE GOVERNOR 3670. Privilege of members. 3709. Powers and duties vested in governor. EXEMPTION FROM ARREST: SECRETARY OF THE TERRITORY 3671. Arrest of members. 3710. Appointment; term; powers and duties. THE SENATE ACTING GOVERNOR IN CERTAIN CONTINGENCIES INUIMBER OF MEMBERS 3711. Secretary to act as governor, when. 3672. Number; term; classes. ATTORNEY - GENERAL, - VACANCIES 3712. Powers and duties. 3673. Vacancies. TRIEASTJ RER e i & SENATORIAL DISTRICTS 3713. Powers and duties. 3674. Districts. 3675. Apportionment of senators. COMIMISSIONER OF PUBLIC LANDS QUALIFICATIONS OF SENATORS 3714. Public lands. 3676. Qualifications. COMMISSIONER OF AGRICTULTURE AND FORESTRY THE HOUSE OF REPRESENTATIVES 3715. Laws continued; modifications. NUMBER OF REPRESENTATIVES SUPERINTENDENT OF PUBLIC WORKS 3677. Number. 3716. Powers and duties. TERIM OF OFFICE 3678. Term of office. SUPERINTENDENT OF PUBLIC INSTRUCTION i VACANCIES 3717. Powers and duties. 3679. Vacancies. REPRESENTATIVE DISTRICTS AUDITOR AND DEPUTY AUDITOR 3680. Districts. 3718. Powers and duties. APPORTIONIMIENT - SURVEYOR 3681. Apportionment. 3719. Powers and duties. COMP.ST.’18—35 3 8644 THE TERRITORIES AND INSULAR POSSESSIONS (Tit. 23 [Page 5461 Sec. HIGH SHERIFF' 3 " . . . TERRITORY OF HAWAII' 3720. Powers and duties. . § 3645. Islands acquired to be Territory of APPOINTMENT, REM oval, TENURE, AND SALARIES OF OFFICERS 3721. Officers appointed by President and governor; terms; salaries. t THE JUDICIARY THE JUDICIAL PowRR 3722. Courts; jurisdiction and procedure continued. SUPREME COURT 3723. Justiges; appointment and qualification. LAWS CONTINUED IN FORCE 3724. Laws relating to judicial department and procedure. DISQUALIFICATION BY. RELATIONSHIP, PECUNIARY INTEREST, OR - PREVIOUS J UDGMENT . - 3725. Judge or juror. UNITED STATES OFFICERS DELE GATE TO CONGRESS 3726. Election; powers. - FEDERAL COURT 3727. District court; judges and officers. MISCELLANEOUS REVENTUES FROM WIHARVES 3728. Belong to Territory; tolls. [PUBLIC PROPERTY] 4 * 3729. Possession and control of public property ceded to Unit- ed States; Territory and subdivisions. [sALARIES PAID BY UNITED STATES] 8730. Official salaries paid by United States. REPEAL OF LAws conFERRING ExCLUSIVE FISHING RIGHTS 8731. Exclusive rights repealed; fisheries free to United States citizens. PROCEEDINGS FOR OPENING FISHERIES TO CITIZENS 3732. Establishing private fishing right; condemnation. - - QUARANTINE 3733. Stations; regulations. [REGISTRY OF VESSELSI 3734. American registry of Hawaiian registered vessels; trade With United States. [PUBLIC LANDS AND PROPERTY] 3735. Crown land property of government. 3736. Public lands; management and disposition. 3737. Personal or movable property ceded to United States. [PUBLIC DEBT] - 3738. Assumption of public debt by United States. [POSTAL SAVINGS BANKS] 3739. Postal savings bank laws abolished. } [COINAGE AND CURRENCYI 3740. Hawaiian silver coins. 3741. Same; recoinage. 3742. Same; exchange for United States coins. 3743. Same; recoinage of mutilated or abraded coins. 3744. Same; legal tender. 3745. Hawaiian silver certificates; redemption. 3746. Redemption of Hawaiian silver certificates or silver coin. [INTOXICATING LIQUORS] 3746a. Prohibition; repeal of act; petition. 3746b. Contents of petition for repeal. GENERAL PROVISIONS DEFINITIONS § 3644. Definitions—The phrase “the laws of Hawaii,” as used in this Act without qualifying words, Shall mean the COnstitution and laws of the Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninety-eight, at the time of the transfer of the sovereignty of the Hawaiian Islands to the United States of America. The constitution and statute laws of the Republic of Hawaii then in force, set forth in a compilation made by Sidney M. Ballou under the authority of the legislature, and published in two volumes entitled “Civil Laws” and “Penal Laws,” respectively, and in the Session LaWS Of the Legislature for the Session Of eighteen hundred and ninety-eight, are referred to in this Act as “Civil Laws,” “Penal Laws,” and “Ses- sion Laws.” (April 30, 1900, c. 339, § 1, 31 Stat. 141.) This act was divided into six chapters. Chapter 1 in- cludes $$ 1-11; chapter 2, §§ 12–65; chapter 3, §§ 66–80; chapter 4, §§ 81–84; chapter 5, §§ 85–88; 89-104. chapter 6, §§ Hawaii—The islands acquired by the United States of America under an Act of Congress entitled “Joint resolution to provide for annexing the Hawaiian Is- lands to the United States,” approved July seventh, eighteen hundred and ninety-eight, Shall be known as the Territory of Hawaii. (April 30, 1900, c. 339, § 2, 31 Stat. 141.) GOVERNMENT OF THE TERRITORY OF EIAWAII § 3346. Government established; capital–A Territorial government is hereby established over the Said Territory, with its capital at Honolulu, on the island of Oahu. (April 30, 1900, c. 339, § 3, 31 Stat. 141.) * CITIZENSHIP § 3647. Citizenship—All persons who were Citi- zens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there On Or Since August twelfth, eighteen hundred and ninety- eight, and all the citizens of the United States who shall hereafter reside in the Territory of Eławaii for one year shall be citizens of the Territory of Hawaii. (April 30, 1900, c. 339, § 4, 31 Stat. 141.) - APPLICATION OF THE LAWS OF THE UNITED STATES § 3648. Constitution and laws of United States in effect—The Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the Said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and forty-one to eighteen hundred and nine- ty-one, inclusive, nineteen hundred and ten and nine- teen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an Act entitled “An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit territo- rial indebtedness, and for other purposes,” approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Eſawaii. (April 30, 1900, c. 339, § 5, 31 Stat. 141, amended, May 27, 1910, c. 258, § 1, 36 Stat. 443.) R. S. §§ 1841–1891, are $$ 3427–3522. R. S. §§ 1910–1912, were superseded by the admission of the territories to which they referred to the Union as states. LAWS OF HAWAII § 3649. Existing laws continued in force—The laws of Hawaii not inconsistent with the Constitution or laws of the United States Or the provisions Of this Act shall continue in force, subject to repeal Or amendment by the legislature of Hawaii or the Con- gress of the United States. (April 30, 1900, c. 339, § 6, 31 Stat. 142.) CERTAIN OFFICES AIBOLISHED § 3650. Offices of Republic abolished—The Of- fices of President, minister of foreign affairs, minister of the interior, minister of finance, minister of public instruction, auditor-general, deputy auditor-general, Surveyor-general, marshal, and deputy marshal Of the Tepublic of Hawaii are hereby abolished. (April 30, 1900, c. 339, § 8, 31 Stat. 143.) AMENDMENT OF OFFICIAL TITLES § 3651. Titles of certain offices amended— Wherever the Words “President Of the Republic Of Hawaii,” or “Republic of Hawaii,” or “Government of the Republic of Hawaii,” or their equivalents, oc- cur in the laws of Hawaii not repealed by this Act. they are hereby amended to read “Governor of the Territory of Hawaii,” or “Territory of Hawaii,” or Ch. 3B) ź 3664 THE TERRITORIES AND INSULAR POSSESSIONS IPage 5471 - - their equivalents, as the context requires. (April 30, 1900, c. 339, § 9, 31 Stat. 143.) CONSTRUCTION | OF ExISTING STATUTES § 3652. Effect on prior rights and offenses previously punishable—All rights of action, suits at law and in equity, prosecutions, and judgments exist- ing prior to the taking effect of this Act shall continue to be as effectual as if this Act had not been passed; and those in favor of or against the Republic of Ha- Waii, and not assumed by or transferred to the United States, shall be equally valid in favor of or against the government of the Territory of Hawaii. All of. fenses which by statute then in force were punishable as offenses against the Republic of Eławaii shall be punishable as offenses against the government of the Territory of Hawaii, unless such statute is inconsist- ent With this Act, or shall be repealed or changed by law. No person shall be subject to imprisonment for nonpayment Of taxes nor for debt. All Criminal and penal proceedings then pending in the Courts Of the Republic of EIawaii shall be prosecuted to final judg- Iment and execution in the name Of the Territory of Hawaii; all such proceedings, all actions at law, suits in equity, and other proceedings then pending in the COurts of the Republic of Hawaii shall be carried on to final judgment and execution in the corresponding courts of the Territory of Hawaii; and all process is- Sued and sentences imposed before this Act takes ef- fect shall be as valid as if issued or imposed in the name of the Territory of Hawaii: Provided, That no Suit or proceedings shall be maintained for the Specific performance of any contract heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be enforced for breach of any such contract, except in a civil suit or proceeding in- stituted solely to recover damages for such breach: Provided further, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant Seamen. That all contracts made since August twelfth, eight- een hundred and ninety-eight, by which persons are held for Service for a definite term, are hereby declar- ed null and void and terminated, and no law shall be passed to enforce said Contracts in any way; shall be the duty Of the United States marshal to at Once notify such persons so held Of the termination of their Contracts. That the Act approved February twenty-sixth, eight- een hundred and eighty-five, “To prohibit the impor- tation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” and the Acts amendatory thereof and Supplemental thereto, be, and the same are hereby, extended to and made applicable to the Territory of Eławaii. (April 30, 1900, c. 339, § 10, 31. Stat. 143.) STYLE OF PROCESS § 3.653. Style of process in courts—The style of all process in the Territorial Courts shall hereafter run in the name of “The Territory of EHawaii,” and all . prosecutions shall be carried on in the name and by the authority of the Territory of Hawaii. (April 30, 1900, c. 339, § 11, 31 Stat. 144.) THE LEGISLATURE THE LEGISLATIVE Power § 3654. The Legislature—The legislature of the Territory of Hawaii shall consist of two houses, Styled, respectively, the Senate and house of represen- tatives, which shall organize and sit separately, ex- Cept as otherwise herein provided. The two houses shall be styled “The legislature of the Territory of Hawaii.” (April 30, 1900, c. 339, § 12, 31 Stat. 144.) § 3655. Legislators to be elected—No person Shall Sit as a senator or representative in the legis- and it. | latüre unless elected under and in Conformity with this Act. (April 30, 1900, c. 339, § 13, 31 Stat. 144.) GENERAL ELECTIONS § 3656. General elections—A general election shall be held on the Tuesday next after the first Mon- day in November, nineteen hundred, and every sec- ond year thereafter : Provided, however, That the governor may, in his discretion, on thirty days' no- tice, Order a Special election before the first general election, if, in his Opinion, the public interests shall require a special Session of the legislature. (April 30, 1900, c. 339, § 14, 31 Stat. 144.) EACH HOUSE JUDGE OF QUALIFICATION OF MEMBERS § 3657. Each house to be judge of election and qualifications of members—Each house shall be the judge of the elections, returns, and qualifications of its own members. (April 30, 1900, c. 339, § 15, 31 Stat. 145.) - - DISQUALIFICATIONS OF LEGISLATORS § 3658. Election or appointment to other of fice during term—No member of the legislature shall, during the term for which he is elected, be appoint- ed or elected to any office of the Territory of Hawaii. (April 30, 1900, c. 339, § 16, 31 Stat. 145.) DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND FMPLOYEES § 3659. Persons ineligible as legislators—No perSon holding office in or under or by authority of the Government of the United States or of the Ter- ritory of Hawaii shall be eligible to election to the legislature, or to hold the position of a member of the same while holding said office. (April 30, 1900, c. 339, § 17, 31 Stat. 145.) § 3660. Persons expelled from legislature for bribery, and convicts ineligible to vote or hold office—No idiot or insane person, and no person who shall be expelled from the legislature for giving or receiving bribes or being accessory thereto, and no perSon Who, in due Course of law, shall have been convicted of any criminal offense punishable by im- prisonment, whether with: or without hard labor, for a term exceeding one year, whether with or without , fine, shall register to vote or shall vote or hold any Office in, or under, or by authority of, the govern- ment, unless the person so convicted shall have been pardoned and restored to his civil rights. (April 30, 1900, c. 339, § 18, 31 Stat. 145.) ... * - OATH OF OFFICE § 3661. Legislators and territorial officers— Every member of the legislature, and all officers of the government of the Territory of Hawaii, shall take the following oath or affirmation: I Solemnly Swear (or affirm), in the presence of Almighty God, that I will faithfully support the Con- stitution and laws of the United States, and Con- scientiously and impartially discharge my duties as a member of the legislature, or as an officer of the government of the Territory of Hawaii (as the case may be). (April 30, 1900, c. 339, § 19, 31 Stat. 145.) OFFICERS AND RUT.ES § 3662. Officers, rules, and journal of senate and house—The Senate and house of representatives Shall each choose its own officers, determine the rules of its own proceedings, not inconsistent with this Act, and keep a journal. (April 30, 1900, c. 339, § 20, 31 Stat. 145.) AYES AND NOES - § 3663. Ayes and noes recorded—The ayes and noes of the members on any question shall, at the de- Sire Of One-fifth of the members present, be entered on the journal. (April 30, 1900, c. 339, § 21, 31 Stat. 145.) QUORUM § 3664. Quorum; vote for final passage of law —A majority of the number of members to which each Ž 3665 (Tit. 28 THE TERRITORIES AND INSULAR PossESSIONS [Page 548] house is entitled shall constitute a quorum of such house for the conduct of Ordinary business, of which Quorum a majority vote shall suffice; but the final passage of a law in each house shall require the vote Of a majority of all the members to which such house is entitled. § 3665. Adjournment and compelling attend- ance of absentees—A smaller number than a quorum may adjourn from day to day, and compel the at- tendance of absent members, in Such manner and under Such penalties as each house may proVide. (April 30, 1900, c. 339, § 23, 31 Stat. 145.) § 3666. Ascertaining presence of quorum—For the purpose of ascertaining whether there is a quorum present, the chairman shall count the number of mem- }: present. (April 30, 1900, c. 339, § 24, 31 Stat. PUNISHMENT OF PERSONS NOT MEMBERS § 3667. Contempt; right of defense—Each house may punish by fine, or by imprisonment not ex- Ceeding thirty days, any person not a member of ei- ther house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence or that of any committee thereof; or who Shall, On account of the exercise of any legislative function, threaten harm to the body or estate of any Of the members of such house; or who shall assault, arrest, Or detain any witness or other person ordered to attend Such house, on his way going to or return- ing therefrom ; or who shall rescue any person ar- rested by order of Such house. But the person charged with the offense shall be in- formed, in Writing, of the charge made against him, and have an Opportunity to present evidence and be heard in his own defense. (April 30, 1900, c. 339, § 25, 31 Stat. 146.) - - COMPENSATION OF MEMBERS § 3668. Compensation—The members of the leg- islature shall receive for their services, in addition to mileage at the rate of ten cents a mile each way, the Sum of six hundred dollars for each regular ses- Sion, payable in three equal installments and after the first, thirtieth, and fiftieth days of the session, and the Sum of two hundred dollars for each special Session: Provided, That they shall receive no com- pensation for any extra session held under the pro- Visions of Section fifty-four of this Act. (April 30, 1900, c. 339, § 26, 31 Stat. 146, amended, May 27, 1910, c. 258, § 2, 36 Stat. 444.) PUNISEIMENT OF MEMBERS § 3669. Punishment of members—Each house may punish its own members for disorderly behavior Or neglect of duty, by censure, or by a two-thirds vote Suspend or expel a member. (April 30, 1900, c. 339, § 27, 31 Stat. 146.) - EXEMPTION FROM LIABILITY § 3670. Privilege of members—No member of the legislature shall be held to answer before any Other tribunal for any words uttered in the exercise of his legislative functions in either house. (April 30, 1900, c. 339, § 28, 31 Stat. 146.) EXEMPTION FROM ARREST § 3671. Arrest of members—The members of the legislature shall, in all cases except treason, felony, Or breach of the peace, be privileged from arrest dur- ing their attendance at the sessions of the respective houses, and in going to and returning from the same: Hºrovided, That such privilege as to going and return- ing shall not cover a period of over ten days each way. (April 30, 1900, c. 339, § 29, 31 Stat. 146.) THE SENATE NUMBER OF MEMBERS § 3672. Number; term; classes—The Senate shall be composed of fifteen members, who shall (April 30, 1900, c. 339, § 22, 31 Stat. 145.). hold office for four years. (April 30, 1900, c. 339, § 30, 31 Stat. 146.) VACANCIES § 3673. Vacancies—Vacancies caused by death, resignation, or otherwise shall be filled for the unex- pired term at general or special elections. (April 30, 1900, c. 339, § 31, 31 Stat. 146.) SENATORIAL DISTRICTS § 3674. Districts—For the purpose of represen- tation in the senate, until otherwise provided by law, the Territory is divided into the following senatorial districts, namely: First district: The island. Of Hawaii. Second district: The islands of Maui, Lanai, and Kahoolawe. Third district: The island. Of Oahu. Fourth district: The islands of Kauai and Niihau. (April 30, 1900, c. 339, § 32, 31 Stat. 147.) § 3.675. Apportionment of senators—The elec- tors in the said districts shall be entitled to elect Senators as follows: In the first district, four; In the second district, three; In the third district, six; In the fourth district, two. § 33, 31 Stat. 147.) QUALIFICATIONs of SENATORS § 3676. Qualifications—In order to be eligible to election as a Senator a person shall— Be a male citizen of the United States; Have attained the age of thirty years; Have resided in the Hawaiian Islands not leSS than three years and be qualified to vote for Senators • in the district from which he is elected. (April 30, 1900, c. 339, § 34, 31 Stat. 147.) Molokai, (April 30, 1900, c. 339, THE HOUSE OF REPRESENTATIVES NTUMBER OF REPRESENTATIVES § 3677. Number—The house of representatives shall be composed of thirty members, elected, except as herein provided, every second year. (April 30, 1900, c. 339, § 35, 31 Stat. 147.) TERM OF OFFICE § 3678. Term of office–The term of office of the representatives elected at any general Or Special elec- tion Shall be until the next general election held there- after. (April 30, 1900, c. 339, § 36, 31 Stat. 147.) VACANCIES § 3679. Vacancies—Vacancies in the Office of representative caused by death, resignation, or other- wise shall be filled for the unexpired term at special elections. (April 30, 1900, c. 339, § 37, 31 Stat. 147.) REPRESENTATIVE DISTRICTS § 3680. Districts—For the purpose of represen- tation in the house of representatives, until otherwise provided by law, the Territory is divided into the following representative districts, namely: First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua. Second district: That portion of the island of Hawaii known as Kau, Kona, and Kohala. Third district: The islands of Maui, Lanai, and Kahoolawe. Fourth district: That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pali to Mokapu Point. Fifth District: That portion of the island of Oahu lying west and north of the fourth district. Sixth district: The islands Of Kauai and Niihau. (April 30, 1900, c. 339, § 38, 31 Stat. 147.) Molokai, Ch. 3B) ź 3696 THE TERRITORIES AND INSULAR POSSESSIONS [Page 549] APPORTIONMENT § 3681. Apportionment—The electors in the said districts shall be entitled to elect representatives as follows: * In the first district, four; In the second district, four; In the third district, six; In the fourth district, six; In the fifth district, Six; In the sixth district, four. § 39, 31 Stat. 148.) QUALIFICATIONS OF REPRESENTATIVES § 3.682. Qualifications—In Order to be eligible to be a member of the house of representatives a perSOn Shall, at the time of election— Have attained the age of twenty-five years; Be a male citizen of the United States; Have resided in the Hawaiian Islands not less than three years; And shall be qualified to vote for representatives in the district from which he is elected. (April 30, 1900, c. 339, § 40, 31 Stat. 148.) (April 30, 1900, c. 339, LEGISLATION SESSIONS OF THE LEGISLATURE § 3683. Date for regular session—The first reg- ular session. Of the legislature shall be held on the third Wednesday in February, nineteen hundred and One, and biennially thereafter, in Honolulu. (April 30, 1900, c. 339, § 41, 31 Stat. 148.) § 3684. Adjournment by separate houses— Neither house shall adjourn during any session for more than three days, or sine die, without the consent ºne other. (April 30, 1900, c. 339, § 42, 31 Stat. 48.) • § 3685. Duration of sessions; special sessions —Each session of the legislature shall continue not longer than sixty days, excluding Sundays and holi- days: Provided, however, That the governor may ex- tend such session for not more than thirty days. The governor may convene the legislature, or the Senate alone, in special Session, and, in Case the seat of government shall be unsafe from an enémy, riot, Or insurrection, Or any dangerous disease, direct that any regular Or Special Session shall be held at Some other than the regular meeting place. (April 30, 1900, c. 339, § 43, 31 Stat. 148.) ENACTING CLATUSE—ENGLISEI LANGTJAGE § 3686. Enacting clause; proceedings in Eng- lish language—The enacting clause of all laws shall be, “Be it enacted by the legislature of the Territory Of Ha Waii.” All legislative proceedings shall be conducted in the English language. (April 30, 1900, c. 339, § 44, 31 Stat. 148.) - TITLE OF LAWS § 3687. Subject and title of Haws—Each law Shall embrace but one subject, which shall be ex- pressed in its title. (April 30, 1900, c. 339, § 45, 31 Stat. 148.) READING OF BITLS § 3688. Passage of bills; readings; vote on final passage—A bill in order to become a law shall, except as herein provided, pass three readings in each house, On Separate days, the final passage of Which in each house shall be by a majority vote of all the members to which such house is entitled, taken by ayes and noes and entered upon its journal. (April 30, 1900, c. 339, § 46, 31 Stat. 148.) CERTIFICATION OF BILLS FROM ONE HOUSE, TO THE OTHER § 3689. Bills passed by one house certified to other—Every bill when passed by the house in which it Originated, or in which amendments thereto shall have originated, shall immediately be certified by the presiding Officer and Clerk and sent to the Other house for consideration. (April 30, 1900, c. 339, § 47, 31 Stat. 149.) - SIGNING BILLS § 3690. Signature of governor—Except as here- in provided, all bills passed by the legislature shall, in order to be valid, be signed by the governor. (April 30, 1900, c. 339, § 48, 31 Stat. 149.) - VIETO OF GOVERNOR § 3691. Approval or veto of bills; appropria- tion bills—Every bill which shall have passed the legislature shall be Certified by the presiding Officers and clerks of both houses, and shall thereupon be pre- sented to the governor. If he approves it, he shall sign it, and it shall become a law. If the governor does not approve such bill, he may return it, With his Objections, to the legislature. He may veto any specific item or items in any bill which appropriates money for specific purposes; but shall veto other bills, if at all, Only as a Whole. (April 30, 1900, c. 339, § 49, 31 Stat. 149.) PROCEDURE UPON RECEIPT OF VETO § 3692. Procedure on receipt of veto-Upon the receipt of a veto message from the governor each house of the legislature shall enter the same at large upon its journal and proceed to reconsider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or part of a bill, shall be approved by a two-thirds vote of all the members to which each house is entitled, it shall thereby become law. (April 30, 1900, c. 339, § 50, 31 Stat. 149.) FAILURE TO SIGN OR, VETO § 3693. Failure of governor to sign, veto, or return bill—If the governor neither signs nor vetoes a bill within ten days after it is delivered to him it shall become a law without his signature, unless the legislature adjourns sine die prior to the expiration Of Such ten days. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legis- lature by their adjournment prevents its return, in which case it shall not be a law. (April 30, 1900, c. 339, § 51, 31 Stat. 149.) AIPPROPRIATIONS § 3694. Appropriations—Appropriations, except as herein otherwise provided, shall be made by the legislature. (April 30, 1900, c. 339, § 52, 31 Stat. 149, amended, May 27, 1910, c. 258, § 3, 36 Stat. 444.) § 3695. Same; estimates for-The governor shall Submit to the legislature, at each regular session, es- timates for appropriations for the succeeding biennial period. (April 30, 1900, c. 339, § 53, 31 Stat. 149.) § 3696. Same; currelat expenses—In case of failure of the legislature to pass appropriation bills providing for payments Of the necessary current ex- penses of carrying on the government and meeting its legal Obligations as the same are provided for by the then existing laws, the governor shall, upon the adjournment of the legislature, call it in extra session for the consideration of appropriation bills, and until the legislature shall have acted the treasurer may, With the advice of the governor, make such payments, for Which purpose the sums appropriated in the last appropriation bills shall be deemed to have been re- appropriated. And all legislative and other appropri- ations made prior to the date when this Act shall take effect, shall be available to the government of the Territory of Hawaii. (April 30, 1900, c. 339, § 54, 31 Stat. 150.) 3 3697 (Tit. 23. THE TERRITORIES AND INSULAR POSSESSIONS IPage 550] LEGISLATIVE POWER . § 3697. Scope of legislative power—The legis- lative power of the Territory shall extend to all rightful subjects of legislation not inconsistent With the Constitution and laws of the United States 10- cally applicable. The legislature, at its first regular Session after the Census enumeration shall be ascer- tained, and from time to time thereafter, shall reap- portion the membership in the senate and house Of representatives among the senatorial and representa- tive districts on the basis of the population in each Of Said districts who are Citizens Of the Territory ; but the legislature shall not grant to any corporation, as- Sociation, or individual any special or exclusive privi- lege, immunity, or franchise without the approval of Congress; nor shall it grant private charters, but it may by general act permit persons to associate themselves together as bodies corporate for manu- facturing, agricultural, and other industrial pursuits, and for COnducting the business of insurance, savings banks, banks of discount and deposit (but not of is- Sue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the Construction and operation of railroads, wagon roads, Vessels, and irrigating ditches, and the colonization and improvement Of lands in Connection there with, Or for Colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific asso- Ciation : Provided, That no corporation, domestic or foreign, shall acquire and hold real estate in Hawaii in excess of one thousand acres; and all real es- tate acquired or held by such corporation or associa- tion Contrary hereto shall be forfeited and escheat to the United States, but existing vested rights in real estate shall not be impaired. No divorce shall be granted by the legislature, nor shall any divorce be granted by the courts of the Territory unless the applicant therefor shall have resided in the Territory for two years next preceding the application, but this proVision shall not affect any action pending When this Act takes effect; nor shall any lottery or Sale of lottery tickets be allowed ; nor shall spirituous Or intoxicating liquors be sold except under such reg- ulations and restrictions as the Territorial legislature Shall provide; nor shall any public money be ap- propriated for the support or benefit of any sectarian, denominational, or private school, or any school not under the exclusive control of the government; nor Shall the government of the Territory of Hawaii, or any political or municipal corporation or subdivision Of the Territory, make any subscription to the capital Stock of any incorporated company,' or in any man- ner lend its credit for the use thereof; nor shall any debt be authorized to be contracted by or on behalf Of the Territory, or any political or municipal cor- poration or subdivision thereof, except to pay the interest upon the existing indebtedness, to suppress inSurrection, Or to provide for the common defense, eXcept that in addition to any indebtedness created for such purposes the legislature may authorize loans by the Territory, or any such subdivision thereof, for the erection of penal, charitable, and educational in- Stitutions, and for public buildings, wharves, roads, and harbor and other public improvements, but the total of Such indebtedness incurred in any one year by the Territory or any such subdivision shall not ex- ceed One per Centum Of the assessed value of the prop- erty in the Territory or subdivision, respectively as shown by the then last assessments for taxation, whether such assessments are made by the Territory or the subdivision or subdivisions, and the , total in- debtedness of the Territory shall not at any time be extended beyond seven per Centum of Such assessed value of property in the Territory and the total in- debtedness of any such subdivision shall not at any time be extended beyond three per centum Of Such assessed value of the property in the Subdivision, but nothing in this Act shall prevent the refunding Of any indebtedness at any time; nor shall any Such loan be made upon the credit of the public domain or part thereof; nor shall any bond or other instru- ment of any such indebtedness be issued unless made payable in not more than thirty years from the date of the issue thereof; nor shall any such bond Or indebtedness be issued or incurred until approved by the President of the United States: Provided, That the legislature may by general act provide for the condemnation of property for public uses, including the condemnation of rights of way for the transmis- sion of water for irrigation and other purposes. (April 30, 1900, c. 339, § 55, 31 Stat. 150, amended, May 27, 1910, c. 258, § 4, 36 Stat. 444.) Town, CITY AND COUNTY GOVERNMENT § 3698. Counties, and municipalities and offi- cials thereof—The legislature may create counties and town and city municipalities within the Terri- tory of Hawaii and provide for the government there- Of ; and all officials thereof shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislature of the Territory. (April 30, 1900, c. 339, § 56, 31 Stat. 151, amended, March 3, 1905, c. 1465, § 1, 33 Stat. 1035.) ELECTIONS EXEMPTION OF ELECTORS ON ELECTION DAY § 3699. Privilege of electors from arrest—Ev- ery electOr shall be privileged from arrest. On election day during his attendance at election and in going to and returning therefrom, except in case of breach of the peace then Committed, or in case of treason or felony. (April 30, 1900, c. 339, § 57, 31 Stat. 151.) § 3700. Military duty—No elector shall be so Obliged to perform military duty on the day of elec- tion as to prevent his voting, except in time of war Or public danger, or in case of absence from his place of residence in actual military Service, in which case provision may be made by law for taking his vote. (April 30, 1900, c. 339, § 58, 31 Stat. 151.) METHoD of vottNG FoR REPRESENTATIVES § 3701. Voting for representatives—Each voter for representative may cast a vote for as many rep- resentatives as are to be elected from the representa- tive district in which he is entitled to vote. The required number of Candidates receiving the highest number of votes in the respective representa- tive districts shall be representatives for Such dis- tricts. (April 30, 1900, c. 339, § 59, 31 Stat. 151.) QUALIFICATIONS OF WOTERS FOR REPRESENTATIVES § 3702. Qualifications of electors—In Order to be qualified to vote for representatives a person Shall— - First. Be a male citizen of the United States. Second. Have resided in the Territory not less than One year preceding and in the representative dis- trict in which he offers to register not less than three months immediately preceding the time at which he Offers to register. - Third. Have attained the age of twenty-one years. Fourth. Prior to each regular election, during the time prescribed by law for registration, have caused his name to be entered On the register Of Voters for representatives for his district. Fifth. Be able to speak, read, and write the Eng- lish Or Hawaiian language. (April 30, 1900, c. 339, § 60, 31 Stat. 151.) METHOD OF WOTING FOR SENATORS § 3703. Voting for senators—Each voter for Senator may cast One vote for each Senator to be elect- ed from the senatorial district in Which he is enti- tled to vote. The required number of candidates receiving the highest number of votes in the respective Senatorial Ch. 3B) 3 3713 THE TERRITORIES AND INSULAR POSSESSIONS [Page 551] districts shall be the Senators for such district. (April 30, 1900, c. 339, § 61, 31 Stat. 152.) QUALIFICATIONS OF WOTERS FOR SENATORS AND IN ALL - OTHER ELECTIONS § 3704. Qualifications of electors—In Order to be qualified to vote for Senators and for Voting in all other elections in the Territory of Hawaii a per- Son must possess all the qualifications and be subject to all the conditions required by this Act of Voters for representatives. (April 30, 1900, c. 339, § 62, 31 Stat. 152.) - § 3704a. Qualifications of females—That the Legislature of the Territory of Hawaii be, and it is hereby, Wested with the power to provide that, in all elections authorized to be held by the Organic act Of the Territory of Hawaii, female citizens possessing the Same qualifications as male citizens shall be en- titled to vote. (June 13, 1918, c. 96, § 1, 40 Stat.) § 3704b. Submission to voters of right of fe- males to vote—The said legislature is further here- by Wested with the power to have submitted to the voters of the Territory of Hawaii the question of Whether or not the female citizens of the Territory shall be empowered to vote at elections held under the laws of the territory of Hawaii. (June 13, 1918, C. 96, § 2, 40 Stat.) § 3704c. Repeal of laws restricting right to vote to males—All provisions of the organic act of the Territory of Hawaii restricting the right to vote to male citizens which are in conflict with the provi- sions hereof are hereby repealed. (June 13, 1918, c. 96, § 3, 40 Stat.) § 3704d. Effect of Act—This Act shall take ef- fect, and be enforced from and after its approval, and shall be held to apply to both Territorial and municipal elections. (June 13, 1918, c. 96, § 4, 40 Stat.) . § 3705. Persons in Territory by reason of military or naval service—NO person shall be al- lowed to vote who is in the Territory by reason of being in the Army Or Navy or by reason of being at- tached to troops in the service Of the United States. (April 30, 1900, c. 839, § 63, 31 Stat. 152.) § 3706. Districts and precincts; apportion- ment of senators and representatives—The legis- lature of the Territory may from time to time estab- lish and alter the boundaries Of election districts and Voting precincts and apportion the Senators and rep- resentatives to be elected from such districts. (April 30, 1900, c. 339, § 65, 31 Stat. 153.) THE EXECUTIVE THE EXECUTIVE POWER § 3707. Governor; appointment; term—The executive power of the government of the Territory of Hawaii shall be vested in a governor, who shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold Office for four years and until his successor shall be appointed and qualified, unless SOOmer remov- ed by the President. He shall be not less than thirty- five years of age: shall be a citizen Of the Territory of Hawaii; Shall be commander in Chief of the militia thereof; may grant pardons or reprieves for offenses against the laws of the said Territory and reprieves for Offenses against the laws Of the United States un- til the decision Of the President is made known there- on. (April 30, 1900, c. 339, § 66, 31 Stat. 153.) ENFORCEMENT OF LAW § 3708. Governor to execute laws—The gov- ernor shall be responsible for the faithful execution Of the laws Of the United States and Of the Territory of Hawaii within the said Territory, and whenever it - becomes necessary he may Call upon the Commanders Of the military and naval forces of the United States in the Territory of Hawaii, Or Summon the posse comitatus, or call out the militia of the Territory to prevent Or suppress lawless violence, invasion; insul- rection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory or any part thereof, under martial law Until Communication can be had with the President and his decision thereon made known. (April 30, 1900, c. 339, § 67, 31 Stat. 153.) GENERAL Powers of THE GovIERNOR § 3709. Powers and duties vested in governor —All the powers and duties which, by the laws Of Hawaii, are conferred upon or required of the Presi- dent or any minister of the Republic of Hawaii (act- ing alone or in connection with any other officer or person or body) or the cabinet or executive Council, and not inconsistent with the Constitution or laws of the United States, are conferred upon and required of the governor of the Territory of Hawaii, unless otherwise provided. (April 30, 1900, c. 339, § 68, 31 Stat. 153.) SECRETARY OF THE TERRITORY § 3710. Appointment; term; powers and du- ties—There shall be a secretary of the said Terri- tory, who shall be appointed by the President, by and with the advice and consent of the Senate Of the |United States, and who shall be a citizen of the Ter- ritory of Hawaii and hold his office for four years and until his successor shall be appointed and quali- fied, unless sooner removed by the President. He shall record and preserve all the laws and proceed- ings of the legislature and all acts and proceed- ings of the governor, and promulgate proclamations of the governor. He shall, within thirty days after the end of each session of the legislature, transmit to the President, the President of the Senate, and the Speaker of the House of Representatives of the Unit- ed States one copy each of the laws and journals of Such session. He shall transmit to the President, semi-annually, on the first days of January and July, a copy of the executive proceedings, and shall per- form. Such other duties as are prescribed in this Act Or as may be required of him by the legislature Of Hawaii. (April 30, 1900, c. 339, § 69, 31 Stat. 154.) ACTING GovKRNOR IN CERTAIN CONTINGENCIES § 371.1. Seeretary to act as governor; when— In case Of the death, removal, resignation, or disability of the governor, or his absence from the Territory, the Secretary shall exercise all the powers and perform all the duties of governor during such vacancy, disa- bility, or absence, or until another governor is appoint- ed and qualified. (April 30, 1900, c. 339, § 70, 31 Stat. 154.) ATTORNEY - GENERAL - § 3712. Powers and duties—There shall be an attorney-general, who shall have the powers and du- ties of the attorney-general and those of the powers and duties of the minister Of the interior which relate to prisons, prisoners, and prison inspectors, notaries public, and escheat of lands under the laws of Ha- waii, except as changed by this Act and Subject to modification by the legislature. (April 30, 1900, c. 339, § 71, 31 Stat. 154.) TREASURER - § 3713. Powers and duties—There shall be a treasurer, who shall have the powers and duties of the minister of finance and those Of the powers and duties of the minister Of the interior which relate to licenses, corporations, Companies, and partnerships, business Conducted by married WOmen, newspapers, registry of conveyances, and registration of prints, labels, and trade-marks under the la WS Of Hawaii, ex- cept as changed in this Act and Subject to modifica- tion by the legislature. (April 30, 1900, c. 339, § 72, 31 Stat. 154.) - * § 3714 (Tit. 23. TEHE TERRITORIES AND INSULAR POSSESSIONS COMMISSIONER OF PIJ BLIC LANDS § 3714. Public lands—The laws of Hawaii relat- $ng to public lands, the settlement of boundaries, and the issuance of patents on land-Commission awards, except as changed by this act, shall continue in force until Congress shall otherwise provide. That, Sub- ject to the approval of the President, all sales, grants, leases, and other dispositions of the public domain, and agreements concerning the same, and all fran- chises -granted by the Hawaiian government in con- formity with the laws of Hawaii between the seventh day of July, eighteen hundred and ninety-eight, and the twenty-eighth day of September, eighteen hundred and ninety-nine, are hereby ratified and confirmed. In said laws “land patent” shall be substituted for “roy- al patent;” “commissioner of public lands” for “min- ister of the interior,” “agent of public lands,” and “commissioners of public lands,” or their equivalents; and the Words “that I am a citizen. Of the United States,” or “that I have declared my intention to be- come a citizen of the United States, as required by law,” for the words “that I am a citizen by birth (or naturalization) of the Republic of Hawaii,” or “that I have received letters of denization under the Republic of Hawaii,” or “that I have received a certificate of Special right of citizenship from the Republic of Hawaii.” And no lease of agricul- tural land shall be granted, sold, or renewed by the government of the Territory of Hawaii for a Tonger period than fifteen years, and in every Such case the land, Or any part thereof so leased, may at any time during the term of the lease be withdrawn from the operation thereof for homestead or public purposes, in which case the rent reserved shall be re- duced in proportion to the value of the part SO With- drawn, and every such lease shall contain a provision to that effect. All funds arising from the sale or lease or other disposal of such lands shall be appro- priated by the laws of the government of the Terri- ſtory of Hawaii and applied to such uses and purposes for the benefit of the inhabitants of the Territory of Hawaii as are consistent with the joint resolution. Of annexation, approved July seventh, eighteen hundred and ninety-eight: Provided, There shall be excepted from the provisions of this section all lands hereto- fore set apart, or reserved, by Executive order, Or orders, by the President of the United States. No person shall hereafter be entitled to receive any certificate of occupation, right of purchase lease, Cash freehold agreement, or special homestead agreement who or whose husband or wife shall previously have taken or held any land under any such Certificate, lease or agreement hereafter made or issued, or under any homestead lease or patent based thereon ; or who or whose husband or wife, or both of them, Shall then own. Other land in the Territory, the Combined area of which and the land in question exceeds eighty acres'; or who is an alien, unless he has declared his intention to become a citizen of the United States as provided by law, nor shall any person who, having SO declared his intention, shall hereafter take Or hold under such certificate, lease, or agreement, Continue so to hold Or become entitled to a homestead lease Or patent of the land unless he shall have become a Citi- zen within five years after SO taking. No land for which any Such certificate, lease, Or agreement shall hereafter be issued, or any part there- of or interest therein or control thereof, shall, without the written Consent Of the COmmissioner and gov- ernor, thereafter, whether before or after a homestead lease or patent has been issued thereon, be or be con- tracted to be in any way, directly or indirectly, by process of law or otherwise Conveyed, mortgaged, leas- ed, or otherwise transferred to or acquired or held by or for the benefit of any alien or corporation; Or before or after the issuance of a homestead or be- fore the issuance of a patent, to or by or for the ben- efit of any other person; or, after the issuance of a [Page 552I patent, to or by or for the benefit of any person Who owns, holds, or controls, directly or indirectly, Other land or the use thereof the combined area of which and the land in question exceeds eighty acres: Pro- vided, That these prohibitions shall not apply to trans- fers or acquisitions by inheritance or between ten- ants in COmmon. Any land in respect of which any of the foregoing provisions shall be violated shall forthwith be for- feited and resume the status of public land and may be recovered by the Territory or its successors in an action of ejectment Or other appropriate proceeding. And noncompliance with the terms of any such Certifi- cate, lease, or agreement, or of the law applicable thereto, shall entitle the commissioner, with the ap- proval of the governor before patent has been issued, with Or without legal process, notice, demand, or pre- vious entry, to retake possession and thereby deter- mine the estate: Provided, That the times limited for compliance with any such terms may be extended by the commissioner, with such approval, upon its ap- pearing that an effort has been made in good faith to Comply there with. The persons entitled to take under any such certifi- Cate, lease, Or agreement shall be determined by draw- ing or lot, after public notice as hereinafter provided ; and any lot not taken, or taken and forfeited, Or any lot Or part thereof Surrendered with the consent of the commissioner, which is hereby authorized, may be disposed of upon application at not less than the ad- Vertised price by any such certificate, lease, or agree- ment without further notice. The notice of any sale, drawing, or allotment of public land shall be by pub- Iication for a period of not less than sixty days in One or more newspapers of general circulation pub- lished in the Territory. The commissioner, with the approval of the gov- ernor, may give to any citizen of the United States or to any person who has legally declared his intention to become a citizen, and who shall hereafter become Such, which said person has, or who and whose pred- ecessors in interest have, improved any parcel of public lands and resided thereon continuously since April thirtieth, nineteen hundred, a preference right to purchase so much of such parcel and such adjoining land as may reasonably be required for a home, at a fair price, to be determined by three disinterested Citizens appointed by the governor, in the determina- tion of which price the value of improvement shall, When deemed just and reasonable, be disregarded: Provided, bowever, That this privilege shall not ex- tend to any Original lessee Or to an assignee of an entire lease Of public lands. gº The Commissioner may also, with such approval, is- Sue, for a nominal consideration, to any church or re- ligious Organization, or person or persons or corpora- tion representing it, a patent for any parcel of pub- łic land Occupied Continuously for not less than five years heretobefore and still occupied by it as a church Site under the laws Of Hawaii. No sale of lands for other than homestead purposes, except as herein provided, and no exchange by which the Territory shall convey lands exceeding either for- ty acres in area. Or five thousand dollars in Value shall be made. No lease of agricultural lands exceeding forty acres in area, or of pastoral or waste lands exceeding two hundred acres in area, shall be made without the approval of two-thirds Of the board Of public lands which is hereby constituted, the members of which are to be appointed by the governor as pro- vided in section eighty of this Act and until the leg- islature shall. Otherwise provide said board shall Con- sist of six members and its members be appointed for terms of four years: Provided, however, That the commissioner may, with the approval of said board, Sell for residence purposes lots and tracts, not ex- ceeding three acres in area, and that sales of govern- ment lands may be made upon the approval of said, | board whenever necessary to locate thereon railroad Ch. 3B) 3 3718 TELE TERRITORIES AND INSULAR POSSESSIONS IPage 553] - rights of way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, pumping Sta- tions, reservoirs, factories and mills and appurtenanc- es thereto, including houses for employees, mercantile establishments, hotels, churches, and private schools, and all such sales shall be limited to the amount a C- tually necessary for the economical conduct of such business or undertaking: Provided further, That no exchange of government lands shall hereafter be made without the approval of two-thirds of the members of Said board, and no such exchange shall be made ex- cept to acquire lands directly for public uses. Whenever twenty-five or more persons, having the qualifications of homesteaders, who have not thereto- fore made application under this Act shall make written application to the commissioner of public lands for the Opening of agricultural lands for settle- ment in any locality or district, it shall be the duty Of said commissioner to proceed expeditiously to Sur- Vey and Open for entry agricultural lands, whether unoccupied or under lease with the right Of With- drawal, sufficient in area to provide homesteads for all such persons, together with all persons of like qualifications who shall have filed with Such COm- Imissioner prior to the Survey of such lands written applications for homesteads in the district designated in said applications. The lands to be so opened for settlement by said commissioner shall be either the Specific tract or tracts applied for or other suitable and available agricultural lands in the same geo- graphical district and, as far as possible, in the im- mediate locality of and as nearly equal to that ap- plied for as may be available: Provided, however, That no leased land, under cultivation, shall be tak- en for homesteading until any crops growing thereon Shall have been harvested. It shall be the duty of the commissioner of public lands to cause to be surveyed and Opened for home- stead entry a reasonable amount of desirable agri- cultural lands and also of pastoral lands in various parts of the Territory for homestead purposes On Or before January first nineteen hundred and eleven, and he shall annually thereafter cause to be surveyed for homestead purposes such amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of homesteaders; and in laying out any homestead the Commissioner of Public Lands Shall include therein an amount, not exceeding eighty acres in area, sufficient to support thereon an Ordinary family ; and all necessary expenses for Surveying and opening any such lands for homestead shall be paid for out of any funds of the territorial treasury deriv- ed from the sale or lease of the public lands, which funds are hereby made available for such purposes. Nothing herein contained shall be construed to pre- Vent Said Commissioner from Surveying and Opening for homestead purposes and as a Single homestead en- try public lands suitable for both agricultural and pastoral purposes, whether Such lands be situated in One body or detached tracts, to the end that home- steaders may be provided with both agricultural and pastoral lands wherever there is demand therefor; nor shall the ownership of a residence lot or tract, not exceeding three acres in area, hereafter disqualify any citizen from applying for and receiving any form of homestead entry, including a homestead lease. All lands in the possession, USe, and COIntrol of the Territory shall hereafter be managed by the commis- sioner, except such as shall be set aside for public purposes as hereinafter provided ; all sales and Other dispositions Of Such land shall be made by the Com- missioner or under his direction, for which purpose, if necessary, the land may be transferred to his de- partment from any Other department by direction of the governor, and all patents and deeds of such land shall issue from the Office of the commissioner, who shall COunterSign the Same and keep a record thereof. Lands conveyed to the Territory in exchange for other lands that are subject to the land laws of Ha- Waii, as amended by this Act, shall, except as other- Wise provided, have the same status and be subject to Such laws as if they had previously been public lands Of Hawaii. All Orders setting aside lands for forest Or other public purposes, or withdrawing the same, shall be made by the governor, and lands while so Set aside for such purposes may be managed as may be provided by the laws of the Territory. The Com- missioner is hereby authorized to perform any and all acts, prescribe forms of oaths, and, with the ap- proval of the governor and said board, make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Sec- tion and the land laws of Hawaii into full force and effect. (April 30, 1900, c. 339, § 73, 31 Stat. 154, amended, April 2, 1908, c. 124, 35 Stat. 56, and, May 27, 1910, c. 258, § 5, 36 Stat. 444.) COMMISSIONER OF AGRICULTURE AND FORESTRY § 3715. Laws continued; modifications—The laws of Eławaii relating to agriculture and forestry, eXcept as Changed by this Act, shall continue in force, Subject to modification by Congress or the legislature. In said laws “commissioner of agriculture and forest- ry” shall be substituted, respectively, for “bureau,” “bureau of agriculture and forestry,” “commissioner,” “Commissioners of agriculture,” and “commissioners for the island of Oahu.” (April 30, 1900, c. 339, § 74, 31 Stat. 155.) SUPERINTEN DENT OF PIJ BLIC WORTKS § 3716. Powers and duties—There shall be a Superintendent of public works, who shall have the powers and duties of the superintendent of publie WOTKS and those Of the powers and duties of the min- ister of the Interior which relate to streets and high- Ways, harbor improvements, wharves, landings, water- Works, railways, electric light and power, telephone lines, fences, pounds, brands, weights and measures, fires and fireproof buildings, explosives, eminent do- main, public works, markets, buildings, parks and Cemeteries, and other grounds and lands now under the control and management of the minister of the in- terior and those of the powers and duties of the min- ister of finance and collector-general which relate to pilots and harbor masters under the laws of Hawaii, except as changed by this Act and subject to modifica- tion by the legislature. In said laws the word “leg- islature” shall be substituted for “councils” and the WOrds “the Circuit Court” for “the EIawaiian POStal; Savings Bank.” (April 30, 1900, c. 339, § 75, 31 Stat. 155.) SUPERINTENDENT OF PUELIC INSTRUCTION § 3717. Powers and duties—There shall be a Su- perintendent of public instruction, who shall have the powers and perform the duties Conferred upon and re- quired of the minister of public instruction by the laws Of Hawaii as amended by the Act, and subject to modification by the legislature. It shall be the duty Of the United States Commis- sioner of Labor to collect, assort, arrange, and pre- sent in reports in nineteen hundred and five, and every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, es- pecially in relation to the commercial, industrial, so- Cial, educational, and sanitary Condition of the labor- ing classes, and to all such other subjects as Congress. may by law direct. The said Commissioner is espe- Cially charged to ascertain the highest, lowest, and average number Of employees engaged in the Various industries in the Territory, to be Classified as to na– tivity, sex, hours of labor, and conditions of employ- Iment, and to report the same to Congress. (April 30, 1900, c. 339, § 76, 31 Stat. 155, amended, April 8, 1904, c. 948, 33 Stat. 164.) ALJ DITOR AND DEPUTY AUDITOR § 3718. Powers and duties—There shall be an auditor and deputy auditor, who shall have the powers 3 3719 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS \ IPage 5541 and duties conferred upon and required of the audi- tor-general and deputy auditor-general, respectively, by act thirty-nine of the Session Laws, as amended by this Act, Subject to modification by the legislature. In Said act “officer” shall be substituted for “minis- ter” where used without other designation. (April 30, 1900, c. 339, § 77, 31 Stat. 156.) - SURVEYOR § 3719. Powers and duties—There shall be a Surveyor, Who Shall have the powers and duties here- tofore attached to the surveyor-general, except such as relate to the geodetic Survey of the Hawaiian Islands. (April 30, 1900, c. 339, § 78, 31 Stat. 156.) EIIGIFI SHERIFF $ 3720. Powers and duties—There shall be a high Sheriff and deputies, who shall have the powers and duties Of the marshal and deputies of the Repub- lic of Hawaii under the laws of Hawaii, except as Changed by this Act, and subject to modification by the legislature. (April 30, 1900, c. 339, § 79, 31 Stat. 156.) - APPOINTMENT, REMOVAL, TENURE, AND SALARIES OF - OFFICERS $ 3721. Officers appointed by President and governor; terms; salaries—The President shall In Ominate and, by and with the advice and consent of the Senate, appoint the Chief justice and justices Of the Supreme Court, the judges of the circuit Courts, who shall hold their respective Offices for the term of four years, unless sooner removed by the Presi- dent; and the governor shall nominate and, by and with the advice and Consent of the Senate Of the Ter- ritory of Hawaii, appoint the attorney-general, treas- urer, commissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, Superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, board of registration and inspectors of election, and any other boards of a public. character that may be created by law ; and he may make such appointments when the Senate is not in ses- sion by granting commissions, which shall, unless such appointments are confirmed, expire at the end of the next session of the senate. He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers. All such officers shall hold office for four years and until their successors are appointed and qualified, unless Sooner removed, except the commissioners of public in- struction and the members of said boards, whose terms of office shall be as provided by the laws of the Ter- ritory of Hawaii. The manner of appointment and removal and the tenure of all other officers shall be as provided by law ; and the governor may appoint or remove any Offi- cer whose appointment or removal is not otherwise provided for. The Salaries of all Officers Other than those ap- pointed by the president shall be as provided by the legislature, but those of the chief justice and the justices of the Supreme court and judges of the Cir- cuit courts shall not be diminished during their term of Office. All officers appointed under the provisions of this section shall be citizens of the Territory of Hawaii. All persons holding office in the Hawaiian Islands at the time this Act takes effect shall continue to hold their respective offices until their successors are ap- pointed and qualified, but not beyond the end of the first Session of the Senate Of the Territory of Eſa- waii unless reappointed as herein provided. Provided, however, That nothing in this section shall be construed to conflict with the authority and powers conferred by section fifty-six of this Act as herein amended. (April 30, 1900, c. 339, § 80, 81 stat. # * March 3, 1905, c. 1465, § 2, 33 Stat. e , THE JUDICIARY TEIE JUDICIAL POWER $ 3722. Courts; jurisdiction and procedure continued—The judicial power of the Territory shall be vested in One supreme court, circuit courts, and in Such inferior courts as the legislature may from time to time establish. And until the legislature shall Otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their juris- diction and procedure shall continue in force except as herein otherwise provided. (April 30, 1900, c. 339, $ 81, 31 Stat. 157.) SUPREME COURT $ 3723. Justices; appointment and qualifica- tion—The Supreme court shall consist of a chief jus- tice and two associate justices, who shall be citizens Of the Territory of Hawaii and shall be appointed by the President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: Pro- Vided, however, That in case of the disqualification Or absence Of any justice thereof, in any cause pend- ing before the Court, on the trial and determination Of Said cause his place shall be filled as provided by law. (April 30, 1900, c. 339, § 82, 31 Stat. 157.) LAWS CONTINUED IN FORCE § 3724. Laws relating to judicial department and procedure—The laws of Hawaii relative to the judicial department, including civil and criminal pro- cedure, except as amended by this Act, are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic of Hawaii which require juries to be Composed of aliens Or foreigners Only, or to be COn- stituted by impaneling natives of Hawaii only, in Civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a male citizen of the United States and twenty-one years of age and Who Can not understandingly Speak, read, and Write the English language shall be a qualified juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal case ex- cept by unanimous verdict of the jury. No plaintiff or defendant in any suit or proceeding in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. Until otherwise provided by the legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for draw- ing petty juries, and shall sit at such times as the circuit judges Of the respective circuits shall direct; the number of grand jurors in each Circuit shall be not less than thirteen, and the method of the pres- entation of cases to said grand jurors shall be pre- scribed by the supreme court of the Territory of Hawaii. The several circuit courts may subpoena Witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts. (April 30, 1900, c. 339, § 83, 31 Stat. 157.) f DISQUALIFICATION BY RELATIONSHIP, PECUNIARY INTEREST, OR PREVIOUS JUDGMENT § 3725. Judge or juror—No person shall sit as a judge or juror in any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge Or juror has, either directly or through such relative, any pecuniary interest; nor shall any person sit as a judge in any case in which he has been of counsel or on an appeal Ch. 3B) § 3730 THE TERRITORIES AND INSULAR POSSESSIONS IPage 555] from any decision or judgment rendered by him, and the legislature of the Territory may add other causes of disqualification to those herein enumerated. (April 30, 1900, c. 339, § 84, 31 Stat. 157, amended, May 27, 1910, c. 258, § 6, 36 Stat. 447.) UNITED STATES OFFICERS DELEGATE TO CONGRESS § 3726. Election; powers—A Delegate to the House of Representatives of the United States, to serve during each Congress, shall be elected by the voters qualified to vote for members of the house of representatives of the legislature. Such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii. Such election shall be held on the first Tuesday after the first Monday in November of every even year and at such places as shall be designated by the secretary of the Territory. The ballot for Delegate shall be such as the legislature of Hawaii may desig- nate, and until provision is made by the Territorial legislature the ballot shall be of pink paper and shall be of the same general form as those used for the election of representatives to the legislature. The method of certifying the names Of Candidates for place on this ballot and all the Conduct of the election of a Delegate shall be in conformity to the general election laws of the Territory of Hawaii. The person having the greatest number of Votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. In case of a vacancy occurring in the office of Delegate, the governor of the Territory is directed to call a special election to fill Such vacan- cy: Provided, however, That no vacancy shall be fill- ed which occurs within five months of the expiration Of a Congressional term. The legislature of the Territory of Hawaii shall have the right to alter or amend any part of the election laws of said Territory, including those pro- viding for an election of Delegate to Congress, and its action shall be the law, with full, binding force, until altered, amended, or repealed by CongreSS. (April 30, 1900, c. 339, § 85, 31 Stat. 158, amended, June 28, 1906, c. 3582, 34 Stat. 550.) FEDERAL COURT § 3727. District court; judges and officers- There shall be established in the said Territory a district court, to consist of two judges, who shall reside therein and be called district judges, and Who shall each receive an annual salary of six thousand dollars. The said court while in Session shall be presided over by only One of said judges. The two judges shall from time to time, either by Order Or rules of court, prescribe at what times and in what class of cases each of them shall preside. The Said two judges shall have the same powers in all matters coming before said Court. - The President of the United States, by and with the advice and COInsent of the Senate of the United States, shall appoint two district judges, a district attorney, and a marshal of the United States for the said district, and said judges, attorney, and marshal shall hold Office for Six years unless SOOner removed by the President. The said Court shall have, in addition to the Ordi- nary jurisdiction of district Courts of the United States, jurisdiction of all cases cognizable in a circuit Court of the United States, and shall proceed therein in the same manner as a circuit court; and the said judges, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers Conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit COUrts Of the United States. And the laws of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relat- ing to appeals, writs of error, removal of causes, and other matters, and proceedings as between the courts Of the United States and the COUrts Of the Several. States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii. Regular terms of Said court shall be held in Honolulu. On the second Monday in April and October, and special terms may be held at such times and places in said district as the said judges may deem expedient. The said dis- trict judges shall appoint a clerk of said court at a salary Of three thousand dollars per annum and shall appoint a reporter of said court at a salary of one thousand two hundred dollars per annum. (April 30, 1900, c. 339, § 86, 31 Stat. 158, amended, March 3, 1909, c. 269, § 1, 35 Stat. 838.) MISCELLANEOUS REVENTUES FROM WIHARVES § 3728. Belong to Territory; tolls—Until fur- ther provision is made by Congress the wharves and landings constructed or controlled by the Republic Of Hawaii on any Seacoast, bay, roadstead, or harbor shall remain under the control of the government of the Territory Of Hawaii, which shall receive and en- joy all revenues derived therefrom on condition that said property shall be kept in good condition for the use and convenience of commerce, but no tolls or Charges shall be made by the government of the Ter- ritory of Hawaii for the use of any such property by the United States, or by any vessel of war, tug, rev- enue cutter, or other boat or transport in the service of the United States. (April 30, 1900, c. 339, § 89, 31 Stat. 159.) * [PUBLIC PROPERTY] § 3729. Possession and control of public property ceded to United States; Territory and subdivisions—Except as otherwise provided, the pub- lic property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and re- main in the possession, use, and Control Of the gov- ernment of the Territory of Hawaii, and shall be main- tained, managed, and cared for by it, at its own ex- pense, until otherwise provided for by Congress, or taken for the uses and purposes Of the United States by direction of the President or of the governor of Hawaii. And any such public property so taken for the uses and purposes of the United States may be re- stored to its previous status by direction of the Presi- dent ; and the title to any such public property in the possession and use of the Territory for the purposes of water, sewer, electric, and other public works, penal, charitable, scientific, and educational institu- tions, cemeteries, hospitals, parks, highways, wharves, landings, harbor improvements, public buildings, or other public purposes, or required for any such pur- poses, may be transferred to the Territory by direc- tion of the President, and the title to any property so transferred to the Territory may thereafter be transferred to any City, County, or other political Sub- division thereof by direction of the governor when thereunto authorized by the legislature. (April 30, 1900, c. 339, § 91, 31 Stat. 159, amended, May 27, 1910, c. 258, § 7, 36 Stat. 447.) [SALARIES PAID BY UNITED STATES] § 3730. Official salaries paid by United States —The following officers shall receive the following annual salaries to be paid by the United States: The governor, Seven thousand dollars; the secretary of the Territory, four thousand dollars; the chief justice of the Supreme Court of the Territory, six thousand dol- lars; the associate justices of the supreme court, five thousand dollars each; the judges of the circuit a 3731 (Tit. 23 THE TERRITORIES AND INSULAR PossEssIONS IPage 556] courts, four thousand dollars each; the United States district attorney, four thousand dollars, the United States marshal, three thousand dollars. And the gov- ernor shall receive annually, in addition to his salary, the sum of five hundred dollars for stationery, post- age, and incidentals; also his traveling expenses while absent from the Capital On Official business, and the sum of two thousand dollars annually for his pri- •vate secretary. (April 30, 1900, c. 339, § 92, 31 Stat. 159, amended, May 27, 1910, c. 258, § 8, 36 Stat. 448.) REPEAL OF LAWS CONFERRING EXCLUSIVE FISHING RIGHTS § 3731. Exclusive rights repealed; fisheries . . free to United States citizens—All laws of the Re- public of Hawaii which confer exclusive fishing rights upon any person or persons are hereby repealed, and all fisheries in the Sea Waters Of the Territory Of Hawaii not included in any fish pond or artificial in- Closure shall be free to all Citizens Of the United States, subject, however, to vested rights ; but no such vested right shall be valid after three years from the taking effect of this Act unless established as hereinafter provided. (April 30, 1900, c. 339, § 95, 31 Stat. 160.) PROCEEDINGS FOR OPENING FISEIERIES TO CITIZENS § 3732. Establishing private fishing right; condermination—Any person who claims a private right to any such fishery shall, within two years after the taking effect of this Act, file his petition in a Cir- cuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service Of Which pe- tition shall be made upon the attorney-general, Who shall conduct the case for the Territory, and Such case shall be conducted as an Ordinary action at law. That if such fishing right be established, the at- torney-general of the Territory of Hawaii may pro- ceed, in such manner as may be provided by law for the condemnation of property for public use, to COn- demn such private right of fishing to the use of the citizens of the United States upon making just Com- pensation, which compensation, when lawfully ascer- tained, shall be paid out of any money, in the treas- ury of the Territory of Hawaii not otherwise appro- priated. (April 30, 1900, c. 339, § 96, 31 Stat. 160.) QUARANTINE § 3733. Stations; regulations—Quarantine sta- tions shall be established at such places in the Ter- ritory of Hawaii as the Supervising Surgeon-General Of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the Gov- ernment Of the United States. tion and grounds at the harbor of Honolulu, together with all the public property belonging to that Serv- ice, shall be transferred to the Marine-Hospital Serv- ice of the United States, and said quarantine grounds Shall continue to be SO used and employed until the station is changed to other grounds which may be Selected by Order of the Secretary of the Treasury. The health laws Of the government Of Hawaii re- lating to the harbor of Honolulu and other harbors and inlets from the Sea and to the internal Control of the health of the islands shall remain in the ju- risdiction of the government of the Territory of Hawaii, subject to the quarantine laws and regula- tions of the United States. (April 30, 1900, c. 339, § 97, 31 Stat. 160.) [REGISTRY OF VESSELS] § 3734. American registry of Hawaiian regis- tered vessels; trade with United States—All ves- Sels carrying Hawaiian registers on the twelfth day of August, eighteen hundred and ninety-eight, and which Were Owned bona fide by citizens Of the Unit- ed States, or the citizens of Hawaii, together with the following-named vessels claiming Hawaiian reg- itS thereof. The quarantine sta- ister, Star of France, Euterpe, Star of Russia, Falls Of Clyde, and Wilso Ott, shall be entitled to be regis- tered as American vessels, with the benefits and privi- leges appertaining thereto, and the coasting trade be- tween the islands aforesaid and any other portion of the United States, shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts. (April 30, 1900, c. 339, § 98, 31 Stat. 161.) [PUBLIC LANDS AND PROPERTY] § 3735. Crown land property of government- The portion of the public domain heretofore known as Crown land is hereby declared to have been, on the twelfth day of August, eighteen hundred and ninety- eight, and prior thereto, the property of the Hawaiian government, and to be free and clear from any trust Of Or Concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and prof- It shall be subject to alienation and Other uses as may be provided by law. (April 30, 1900, c. 339, § 99, 31 Stat. 161.) § 3736. Public lands; management and dis- position—The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress Of the |United States shall enact special laws for their man- agement and disposition: Provided, That all revenue from or proceeds of the same, except as regards Such part thereof as may be used or Occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local govern- ment, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. (July 7, 1898, No. 55, 30 Stat. 750.) § 3737. Personal or movable property ceded to United States—All personal and movable prop- erty ceded and transferred to the United States by the Republic Of Hawaii under the joint resolution Of annexation approved July Seventh, eighteen hun- dred and ninety-eight, may be sold, leased, or other- wise disposed of in Such manner as may be provided by the laws of the Territory of Hawaii: Provided, That all sales, leases, Or other disposals Of Such prop- erty heretofore made by said Territory, under the authority of such laws, are hereby ratified and con- firmed, and all moneys or revenues derived from Sales Or disposals heretofore made, or made under author- ity of this Act, shall remain the property of said Territory. (May 26, 1906, c. 2561, 34 Stat. 204.) [PUBLIC DEBT] § 3738. Assumption of public debt by Unit- ed States—The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to de- positors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. (July 7, 1898, No. 55, 30 Stat. 751.) [POSTAL SAVINGS BANKs] § 3739. Postal savings bank laws abolished--- The laws of Hawaii relating to the establishment and COnduct of any postal Savings bank Or institution are hereby abolished. (April 30, 1900, c. 339, § 102, 31 Stat. 161.) [COINAGE AND CURRENCY] § 3740. Hawaiian silver coins—The silver coins that Were coined under the laws Of Hawaii, When the Same are not mutilated Or abraded below the standard of circulation, shall be received at the par of their face value in payment of all dues to the gov- ernment of the Territory of Hawaii and of the Unit- ed States, and the same shall not again be put into circulation, but they shall be recoined in the mints Ch. 3C) THE TERRITORIES AND INSULAR POSSESSIONS § 3746b [Page 557] as United States coins. (Jan. 14, 1903, c. 186, § 1, 32 Stat. 770.) * § 3741. Same; recoinage—When such coins have been received by either Government they shall be transmitted to the mint at San Francisco, in sums Of not less than five hundred dollars, to be recoined into subsidiary silver coins of the United States, the expense of transportation to be paid by the United States. (Jan. 14, 1903, c. 186, § 2, 32 Stat. 770.) § 3742. Same; exchange for United States coins—Any collector of customs or of internal reve- nue Of the United States in the Hawaiian Islands Shall, if he is so directed by the Secretary of the Treasury, exchange standard silver coins of the Unit- ed States that are in his custody as such collector With the government of Hawaii, or with any person desiring to make such exchange, for coins of the gov- ernment of Hawaii, at their face value when the same are not abraded below the lawful Standard Of Circula- tion, and the Treasurer of the United States, under the direction of the Secretary of the Treasury, is au- thorized to deposit such silver coins of the United States as shall be necessary with the collector of cus- toms or of internal revenue at Honolulu or at any Government depository for the purpose of making Such excharige under Such regulations as he may pre- . Scribe. (Jan. 14, 1903, c. 186, § 3, 32 Stat. 771.) § 3743. Sazme; recoinage of mutilated or abraded coins—Any silver coins struck by the gov- ernment Of Hawaii that are mutilated Or abraded be- low such standard may be presented for recoinage at any mint in the United States by the person OWning the same, or his or her agents, in sums of not less than fifty dollars, and such owner shall be paid for Such COinS by the superintendent of the mint the bul- lion value per troy ounce of the fine silver they con- tain in standard silver coin of the United States, and Such bullion shall be coined into subsidiary coin- age of the United States. (Jan. 14, 1903, c. 186, § 4, 32 Stat. 771.) § 3744. Same; legal tender—Silver coins here- tofore struck by the government of Hawaii shall con- tinue to be legal tender for debts in the Territory of Hawaii, in accordance with the laws of the Republic Of Hawaii, until the first day of January, nineteen hundred and four, and not afterwards. (Jan. 14, 1903, c. 186, § 5, 32 Stat. 771.) - - § 3745. Hawaiian silver certificates; redermp- tion—Any silver certificates heretoforé issued by the government of the Hawaiian Islands, intended to be Circulated as money, shall be redeemed by the Terri- torial government Of Hawaii on Or before the first day Of January, nineteen hundred and five, and after Said date it shall be unlawful to circulate the same as money. (Jan. 14, 1903, c. 186, § 6, 32 Stat. 771.) § 3746. Redemption of Hawaiian silver cer- tificates or silver coin-Nothing in this Act con- tained Shall bind the United States to redeem any silver certificates issued by the government of Hawaii, Or any silver Coin issued by such government, ex- Cept in the manner and upon the Conditions stated in this Act for the recoinage of Hawaiian silver. (Jan. 14, 1903, c. 186, § 7, 32 Stat. 771.) [INToxic ATING LIQUORs] § 3746a. Prohibition; repeal of act; petition —Ninety days after the passage of this Act, during the period of the war and thereafter, except as here- in provided, it shall be unlawful in the Territory Of Hawaii to sell, give away, manufacture, transport, import, or export intoxicating liquors, except for me- Chanical, scientific, Sacramental, or medicinal pur- poses, for which purposes the sale, gift, transport, import, and export of the same shall be under such rules and regulations as the Governor of the Ter- ritory may prescribe, and any person violating the provisions hereof shall be fined in a Sum not exceed- ing $500 or imprisoned for a period of not longer than one year, or both: Provided, That at any general elec- tion. Of the Territory of Hawaii, held within two years after the conclusion of peace, the repeal of this Act may, upon petition of not less than twenty per cen- tum. Of the qualified electors of said Territory at the last preceding general election, be submitted to a Vote Of the qualified electors of said territory, and if a majority of all the qualified electors thereof voting upon Such question shall vote to repeal this Act, it Shall thereafter not be in force and effect, otherwise it shall be in full force and effect. (May 23, 1918, c. 84, § 1, 40 Stat.) § 37469. Goratents of petitior, for repeal—The Said petition shall be addressed to and filed with the Secretary of the Territory at least two months be- fore the election at which the question is to be voted upon, and the person obtaining any signature to such petition shall make affidavit that he witnessed the Signing of the same and believes the address of each petitioner affixed to his name is the true address of Such petitioner. Such election shall be conducted under the laws of the Territory provided for gen- eral elections. (May 23, 1918, c. 84, § 2, 40 Stat.) Chapter Three C–Porto Rico The island of Porto Rico, and adjacent islands were ceded by Spain by the treaty of Dec. 10, 1898, 30 Stat. 1754. A civil government was provided therefor by Act April 12, 1900, c. 191, 31 Stat. 77. Actſ March 2, 1917, c. 145, 39 Stat. 951, also provided a civil government for Porto Rico. This last act Supersedes most of the provisions of said Act April 12, 1900, c. 191; but in view of § 56 of the Act of 1917, which provides that until the provisions of the Act shall “sev- erally become operative as in the act provided the corre- Sponding legislative and executive functions of the govern- ment shall continue to be exercised and in full force and Operation as now provided by law,” the provisions of both acts are included in this compilation. Sec. 3747. Territory included under name Porto Rico. 3748. Duties on foreign imports. 3749. Duties on commerce with United States; tax on manu- factured articles; free trade. 3750. Stamp taxes on articles of Porto Rican manufactures coming into United States; deputy collector. 3751. Deputy collector; bond. 3752. Duties to constitute fund for benefit of Porto Rico; ports of entry. t GENERAL PROVISIONS - 3753. Capital. 3754. Citizens; former Spanish subjects and children; body politic; name. 3755. Porto Rican laws continued in force. 3756. Nationalization of Porto Rican vessels; coasting—trade laws. 3757. Quarantine stations and regulations. 3758. Coins; redemption; exchange; recoinage; legal tender. 3759. Expenses of government and internal improvements. 3760. Control of property acquired from Spain. 3761. Reservation of public lands and buildings for public - purposes of United States; other lands granted to Porto Rico. 3762. Laws of United States extended to. 3763. Amendment or repeal of laws. 3764. Judicial process; official oaths. THE GOVERNOR 3765. Governor, appointment; term ; powers. THE EXECUTIVE COUNCIL 3766. Executive council; members. 3767. Secretary; duties. 3768. Same; acting as governor. 3769. Attorney-general; powers and duties. Treasurer; powers and duties. Auditor; duties. Commissioner of interior; 3773. Commissioner of education; . Other members of council; 3775. Reports. powers and duties. powers and duties. duties; compensation. HOTUSE OF DELEGATES 3776. Legislative assembly; number of delegates. Ičlection districts. F.T,ECTION OF DELEGATES 3778. First election; term of office; qualifications of voters. 3779. Powers of house; qualifications of members. 3780. Passage of bills; approval or veto. 3781. Scope of legislative power; grants of franchises. 3782. Franchises; approval by President. 3783. Same; special provisions in; Corporate real estate holdings. & 8747 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IIPage 558] Sec. TEIE J UDICIARY 3784. Existing courts continued; justices and marshal of Su- preme court; judges of district Court. 3785. Judicial district of Porto Rico; judge, marshal. 3786. Jurisdiction of United States district court extended. 3787. Justice of supreme court as temporary or Special judge of United States district court. " 3788. Jurors in United States district court. 3789. Fees and expenses of district court. 3790. Fees and mileage of jurors and Witnesses. 3791. Writs of error and appeals; habeas Corpus; ings in English. 3792. Salaries; fixed by executive council. 3793. Same; commissioner of education; district court offi- Cials. 3794. Same; municipal officers and other municipal expenses. 3795. Export duties; taxes and license fees; public indebted- IlêSS. 3796. Resident commissioner; election; 3797. Same; traveling expenses. 3798. Same; payment of salary and expenses. 3799. Construction of wharves. Same; “person.” 3801. Same; restrictions on powers. 3802. Same; applicant for authority to construct; specifications. 3803. Same; existing rights not affected. 3803a. Territory included under name Porto Rico. attorney and proceed- salary; qualifications. plans and BILL OF RIGHTS 3803a.a. Bill of Rights and restrictions. 3803a.a.a. Export duties; º bonds, etc. ' 3803b. Capital. 3803bb. United States citizenship. * -- 3803bbb. Government expenses payable out of insular reve- nues. 3803c. Public property transferred. 3803cc. Harbors and navigable waters transferred. 3803ccc. United States Laws extended to Porto Rico; internal revenue receipts covered into treasury. 3803d. Judicial process; officials to be citizens of United States ; oath. 3803dd. Official reports. EXECUTIVE DEPARTMENT 3803ddd. Governor. 3803e. Executive departments. 3803ee. Attorney general. 3803eee. Treasurer; bond. 3803f. Commissioner of interior. 3803ff. Commissioner of education. 3803fff. Commissioner of agriculture and labor. 3803g. Commissioner of health. 3803gg. Auditor; powers and duties. 3803h. Same; appeals from decisions. 3803.hh. Executive secretary; powers and duties. 3803i. Transmission of copies of laws to executive department of United States. 3803ii. Governor ad interim. LEGISLATIVE DEPARTIMIENT 3803.j. Legislature; designation of. 3803.jj. Senate; members; election; powers. 3803.jjj. House of representatives; members; 3803]x. Representative and senatorial districts. 3803]{k. Elections; time of holding; officers elected at; bound- aries, districts and municipalities. - 38037. Term of office of senators and representatives. 380317. Per diem and mileage. & a 3803m. Powers; determination of election and qualifications of members. -- 3803mm. Sessions of legislature. 38031). Enacting clause of laws; bills. * * 3803mn. Qualifications, of electors. election. financial budget; passage of 3803o. Resident commissioner; election. 3803oo. Legislative power; new executive departments. 3803p. Grants of franchises; public service commission, etc. 3803pp. Special provisions in franchises; corporate real estate holdings. * J UDICIAL DEPARTMENT 38034. Existing courts continued; chief justice and associate justices of Supreme Court. 3803d q. District of Porto Rico; officers. 3803r. Appeals; removal of causes; writs of error; certio- rari; terms of district court; use of English lan- guage. 3803rr. Writs of error and appeals. 3803S. Juries in district court. 3803ss. Fees part of United States revenues. 3803t. Salaries of district Court Officials. 3803tt. Fees and mileage of jurors and witnesses. 3803u. Habeas Corpus, 3803uu. Appointment of judges, marshals and secretaries. MISCELLANEOUS PROVISIONS 3803 v. Salaries of Officials. 3803WV. Municipal expenses payable from municipal revenues. 3803W. Present incumbents of offices continued; offices abol- ished. taxes, etc., for insular government; Sec. 3803W.W. Transfer of bureaus or offices. 3803x. Acknowledgment of deeds. 3803xx. Jurisdiction of existing courts continued. 3803y. Time of taking effect of act; temporary appointments to office. 3803yy. Existing laws continued in force. 38032. Same. § 3747. Territory included under name Porto Rico—The provisions of this Act shall apply to the island of Porto Rico and to the adjacent islands and waters of the islands lying east of the Seventy-fourth meridian of longitude west of Greenwich, Which Were ceded to the United States by the Government of Spain by treaty entered into in the tenth day of December, eighteen hundred and ninety-eight ; and the name Porto Rico, as used in this Act, shall be held to in- clude not only the island of that name, but all the ad- jacent islands as aforesaid. (April 12, 1900, c. 191, § 1, 31 Stat. 77.) See § 3803a. - § 3748. Duties on foreign imports—On and aft- er the passage of this Act the same tariffs, Customs, and duties shall be levied, collected, and paid upon all articles imported into Porto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries: Provided, That on all coffee in the bean or ground imported into Porto Rico there shall be levied and collected a duty of five cents per pound, any law or part of law to the contrary notwithstanding: And provided further, That all Spanish scientific, literary, and artistic works, not subversive of public Order in Porto Rico, shall be admitted free of duty into Porto Rico for a period of ten years, reckoning from the eleventh day of April, eighteen hundred and ninety-nine, as provided in Said treaty of peace between the United States and Spain : And provided further, That all books and pamphlets printed in the English language shall be admitted into Porto Rico free of duty when imported from the United States. (April 12, 1900, c. 191, § 2, 31 Stat. 77.) - § 3749. Duties on commerce with United States; tax on manufactured articles; free trade —On and after the passage of this act all merchan- dise coming into the United States from Porto Rico and Coming into Porto Rico from the United States Shall be entered at the several ports of entry upon payment of fifteen per centum of the duties which are required to be levied, collected, and paid upon like articles of merchandise imported from foreign coun- tries; and in addition thereto upon articles of mer- chandise of Porto Rican manufacture coming into the United States and withdrawn for consumption or sale upon payment Of a tax equal to the internal-revenue tax imposed in the United States upon the like ar- ticles Of merchandise of domestic manufacture; such tax to be paid by internal-revenue stamp or stamps to be purchased and provided by the Commissioner of Internal Revenue and to be procured from the col- lectOr Of internal revenue at Or most Convenient to the port Of entry of said merchandise in the United States, and to be affixed under such regulations as the Commissioner of Internal Revenue, with the approval Of the Secretary of the Treasury, shall prescribe; and on all articles of merchandise of United States manufacture coming into Porto Rico in addition to the duty above provided upon payment of a tax equal in rate and amount to the internal-revenue tax im!- posed in Porto Rico upon the like articles of Porto Rican manufacture: Provided, That On and after the date when this Act shall take effect, all merchandise and articles, except coffee, not dutiable under the tariff laws of the United States, and all merchandise and articles entered in Porto Rico free of duty under Orders heretofore made by the Secretary of War, shall be admitted into the several ports thereof, when im- ported from the United States, free of duty, all laws or parts of laws to the contrary notwithstanding; and Ch. 3C) 3 3755 THE TERRITORIES AND INSULAR POSSESSIONS [Page 5591 whenever the legislative assembly of Porto Rico shall have enacted and put into Operation a system of 10- Cal taxation to meet the necessities Of the govern- ment of Porto Rico, by this Act established, and shall by resolution duly passed so notify the President, he shall make proclamation thereof, and thereupon all tariff duties on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico shall cease, and from and after such date all Such merchandise and articles Shall be entered at the several ports of entry free of duty ; and in no event shall any duties be col- lected after the first day of March, nineteen hundred and tWO, on merchandise and articles going into Porto Rico from the United States or coming into the Unit- ed States from Porto Rico. (April 12, 1900, c. 191, § 3, 31 Stat. 77.) § 3750. Stamp taxes on articles of Porto Ri- can manufactures corming into United States; deputy collector—All United States internal-revenue taxes now imposed by law on articles of Porto Rican manufacture coming into the United States for con- Sumption or sale may hereafter be paid by affixing to Such articles before shipment thereof a proper United States internal-revenue stamp denoting such payment, and for the purpose of carrying into effect the provisions of this Act the Secretary of the Treas- ury is authorized to grant to such collector of inter- nal revenue as may be recommended by the Commis- Sioner of Internal Revenue, and approved by the Secre- tary, an allowance for the salary and expenses of a deputy collector of internal revenue, to be stationed at San Juan, Porto Rico, and the appointment of this deputy to be approved by the Secretary. The collector will place in the hands of such deputy all Stamps necessary for the payment of the proper tax On articles produced in Porto Rico and shipped to the United States, and the said deputy, upon proper payment made for said stamps, shall issue them to manufacturers in Porto Rico. All such stamps so is- Sued. Or transferred to said deputy collector shall be Charged to the collector and be accounted for by him as in the case of other tax-paid stamps. The deputy collector assigned to this duty shall per- form such other work in connection with the inspec- tion and stamping of such articles, and shall make . such returns as the Commissioner of Internal Revenue may, by regulations approved by the Secretary of the Treasury, direct, and all provisions of existing law relative to the appointment, duties, and compensation of deputy collectors of internal revenue, including of- fice rent and other necessary expenses, shall, so far as applicable, apply to the deputy Collector of internal revenue assigned to duty under the provisions Of this Act. (June 29, 1906, c. 3613, § 1, 34 Stat. 620.) § 3751. Deputy collector; bornd—Before enter- ing upon the duties of his Office such deputy Collector shall execute a bond, payable to the collector of in- ternal revenue appointing him, in such amount and with such Sureties as he may determine. (June 29, 1906, c. 3613, § 2, 34 Stat. 621.) § 3752. Duties to constitute fund for benefit of Porto Rico; ports of entry—The duties and tax- es collected in Porto Rico in pursuance of this Act, less the cost of Collecting the same, and the gross amount of all collections of duties and taxes in the TJnited States upon articles of merchandise coming from Porto Rico, shall not be covered into the general fund of the Treasury, but shall be held as a separate fund, and shall be placed at the disposal of the Pres- ident to be used for the government and benefit of POrto Rico until the government of Porto Rico herein provided for shall have been Organized, when all moneys theretofore Collected under the provisions hereof, then unexpended, shall be transferred to the local treasury of Porto Rico, and the Secretary of the Treasury shall designate the several ports and Subports of entry, in Porto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxés au- thorized to be levied, collected, and paid in Porto Rico by the provisions of this Act, and he shall fix the Compensation and provide for the payment there- Of Of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions hereof: Provided, however, That as soon as a civil government for POrto Rico shall have been Organized in accordance with the provisions of this Act and notice thereof shall have been given to the President he shall make proclamation thereof, and thereafter all Collections of duties and taxes in Porto Rico under the provisions of this Act shall be paid into the treasury of Porto Rico, to be expended as re- Quired by law for the government and benefit thereof instead of being paid into the Treasury of the United States. (April 12, 1900, c. 191, § 4, 31 Stat. 78.) GENERAL PROVISIONS § 3753. Capital—The capital of Porto Rico shall be at the city of San Juan and the seat of government shall be maintained there. (April 12, 1900, c. 191, § 6, 31 Stat. 79.) - See § 3803b. - § 3754. Citizens; former Spanish subjects and children; body politie; name—All inhabitants COntinuing to reside therein who were Spanish sub- jects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Porto Rico, and their children born subsequent thereto, shall be deem- ed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States, ex- cept such as shall have elected to preserve their al- legiance to the Crown of Spain. On or before the eleventh day of April, nineteen hundred, in accordance With the provisions of the treaty of peace between the United States and Spain entered into On the elev- enth day of April, eighteen hundred and ninety-nine; and they, together with such citizens of the United States as may reside in Porto Rico, shall constitute a body politic under the name of The People of Porto, Rico, with governmental powers as hereinafter Con- ferred, and with power to Sue and be sued as such. (April 12, 1900, c. 191, § 7, 31 Stat. 79.) See § 3803bb. - § 3755. Porto Rican laws continued in force— The laws and Ordinances of Porto Rico now in force shall continue in full force and effect, except as al- tered, amended, or modified hereinafter, or as altered or modified by military orders and decrees in force when this Act shall take effect, and so far as the same are not inconsistent or in conflict with the stat- utory laws of the United States not locally inapplica- ble, or the provisions hereof, until altered, amend- ed, or repealed by the legislative authority herein- after provided for Porto Rico or by Act of Con- gress of the United States : Provided, That so much Of the law which was in force at the time Of Ces- Sion, April eleventh, eighteen hundred and ninety- nine, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph four, article eighty-three, Chapter three, civil Code, and which was Continued by the order of the secretary of justice of Porto Rico, dated March seventeenth, eighteen hundred and nine- ty-nine, and promulgated by Major-General Guy V. Henry, United States Volunteers, is hereby repealed and annulled, and all persons lawfully married in Porto Rico shall have all the rights and remedies conferred by law upon parties to either Civil or re- ligious marriages: And provided further, That para- graph one, article one hundred and five, Section four, divorce, civil code, and paragraph tWO, Section nine- teen, of the order of the minister of justice of Porto Rico, dated March seventeenth, eighteen hundred and ninety-nine, and promulgated by Major-General Guy W. Henry, United States Volunteers, be, and the same hereby are, so amended as to read: “Adultery on the * 8756 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 560I part , of either the husband or the wife.” (April 12, 1900, c. 191, § 8, 31 Stat. 79.) - § 3756. Nationalization of Porto Rican ves- sels; coasting-trade laws—The Commissioner of Navigation shall make such regulations, subject to the approval of the Secretary of the Treasury, as he may deem expedient for the nationalization. Of all vessels owned by the inhabitants of Porto Rico on the eleventh day of April, eighteen hundred and ninety- nine, and which Continued to be so Owned up to the date of such nationalization, and for the admission of the same to all the benefits of the coasting trade of the United States; and the coasting trade between Porto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States. (April 12, 1900, c. 191, § 9, 31 Stat. 79.) § 3757. Quarantine stations and regulations —Quarantine stations shall be established at Such places in Porto Rico as the Supervising Surgeon-Gen- eral of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations relating to the importation of diseases from other countries shall be under the control of the Government of the United States. (April 12, 1900, c. 191, § 10, 31 Stat. 80.) § 3758. Coins; redemption; exchange; re- coinage; legal tender—For the purpose of retiring the Porto Rican coins now in Circulation in POrtO Rico and substituting therefor the coins of the United States, the Secretary of the Treasury is hereby au- thorized to redeem, on presentation in Porto Rico, all the silver coins of Porto Rico known as the peso and all other silver and copper Porto Rican coins ... now in circulation in Porto Rico, not including any * Such coins that may be imported into Porto Rico after the first day of February nineteen hundred, at the present established rate of sixty cents in the coins of the United States for one peso of Porto Rican coin, and for all minor or subsidiary coins the same rate of exchange shall be applied. The Porto Rican coins so purchased or redeemed shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury into such coins of the |United States now authorized by law as he may di- rect, and from and after three months after the date when this Act shall take effect no coins shall be a legal tender, in payment of debts thereafter contracted for any amount in Porto Rico, except those of the TJnited States; and whatever sum may be required to carry out the provisions hereof, and to pay all expenses that may be incurred in connection there- with, is hereby appropriated, and the Secretary of the Treasury is hereby authorized to establish Such regulations and employ Such agencies as may be nec- essary to accomplish the purpose hereof: Provided, however, That all debts Owing on the date when this Act shall take effect shall be payable in the coins of Porto Rico now in circulation, or in the coins of the United States at the rate of exchange above nam- ed. (April 12, 1900, c. 191, § 11, 31 Stat. 80.) - § 3759. Expenses of government and internal improvements—All expenses that may be incurred on account of the government of Porto Rico for sal- aries of officials and the conduct of their offices and departments, and all expenses and obligations Con- tracted for the internal improvement Or development of the island, not, however, including defenses, bar- racks, harbors, light-houses, buoys, and other works undertaken by the United States, shall be paid by the treasurer Of Porto Rico out of the revenues in his custody. (April 12, 1900, c. 191, § 12, 31 Stat. 80.) See § 3803bb. § 3760. Control of property acquired from Spain—All property which may have been acquired in Porto Rico by the United States under the cession of Spain in said treaty of peace in any public bridges, road houses, Water powers, highways, unnavigable Streams, and the beds thereof, subterranean waters, mines, or minerals under the surface of private lands, and all property which at the time of the cession be- longed, under the laws of Spain then in force, to the Various harbor-works boards of Porto Rico, and all the harbor shores, docks, slips, and reclaimed lands, but not including harbor areas or navigable Waters, is hereby placed under the control of the government established by this Act to be administered for the benefit of the people of Porto Rico; and the legisla- tive assembly hereby created shall have authority, Subject to the limitations imposed upon all its acts, to legislate With respect to all Such matters as it may deem advisable. (April 12, 1900, c. 191, § 13, 31 Stat. 80.) See § 3803c. § 3761. Reservation of public lands and buildings for public purposes of United States; other lands granted to Porto Rico—That the Presi- dent be, and he is hereby, authorized to make, within One year after the approval of this Act, such reserva- tion of public lands and buildings belonging to the United States in the island of Porto Rico, for military, naval, light-house, marine-hospital, post-Offices, cus- tom-houses, United States courts, and other public purposes, as he may deem necessary, and all the public lands and buildings, not including harbor areas and navigable streams and bodies Of Water and the submerged lands underlying the same, owned by the United States in said island and not so reserved be, and the same are hereby, granted to the government of Porto Rico, to be held or disposed of for the use and benefit of the people of said island: Provided, that said grant is upon the express condition that the government of Porto Rico, by proper authority, re- lease to the United States any interest or claim it may have in or upon the lands or buildings reserved by the President under the provisions of this Act: And provided further, That nothing herein contained shall be so construed as to affect any legal or equi- table rights acquired by the government of Porto Rico or by any other party, under any contract, lease, or license made by the United States authorities prior to the first day of May, nineteen hundred. (July 1, 1902, c. 1383, § 1, 32 Stat. 731.) § 3762. Laws of the United States extended to —The statutory laws of the United States not lo- Cally inapplicable except as hereinbefore or herein- after otherwise provided, shall have the same force and effect in Porto Rico as in the United States, ex- cept the internal-revenue laws, which, in view of the provisions of section three, shall not have force and effect in Porto Rico. (April 12, 1900, c. 191, § 14, 31 Stat. 80.) See § 3803cco. § 3763. Amendment or repeal of laws—The legislative authority hereinafter provided shall have power by due enactment to amend, alter, modify, or repeal any law or ordinance, civil or criminal, con- tinued in force by this Act, as it may from time to time see fit. (April 12, 1900, c. 191, § 15, 31 Stat. 80.) See § 3803yy. § 3764. Judicial process; official oaths—All judicial process shall run in the name of “United States Of America, SS: the President Of the United States,” and all criminal or penal prosecutions in the local Courts shall be Conducted in the name and by the authority of “The people of Porto Rico;” and all Officials authorized by this Act shall before entering upon the duties Of their respective Offices take an Oath to Support the Constitution of the United States and the laws of Porto Rico. (April 12, 1900, c. 191, § 16, 31 Stat. 81.) - See § 3803d. THE GOVERNOR § 3765. Governor; appointment; term; pow- ers—The Official title of the chief executive Officer . shall be “The Governor of Porto Rico.” He shall be appointed by the President, by and with the advice Ch. 3C) 3 8775 THE TERRITORIES AND INSULAR POSSESSIONS [Page 561] and consent of the Senate; he shall hold his Office for a term of four years and until his successor is chosen and qualified unless sooner removed by the President; he shall reside in Porto Rico during his official incumbency, and shall maintain his office at the seat of government; he may grant pardons and reprieves, and remit fines and forfeitures for offenses against the laws of Porto Rico, and respites for of fenses against the laws of the United States, until the decision of the President can be ascertained; he shall commission all officers that he may be author- ized to appoint, and may veto any legislation enacted, as hereinafter provided; he shall be the commander in chief of the militia, and shall at all times faith- fully execute the laws, and he shall in that behalf have all the powers of governors of the Territories of the United States that are not locally inapplicable; and he shall annually, and at such other times as he may be required, make official report of the transac- tions of the government in Porto Rico, through the Secretary of State, to the President of the United States: Provided, That the President may, in his discretion, delegate and assign to him such executive duties and functions as may in pursuance with law be so delegated and assigned. (April 12, 1900, c. 191, § 17, 31 Stat. 81.) See § 3803ddd. TEIE EXECUTIVE COUNCII, § 3766. Executive council; members—There shall be appointed by the President, by and with the advice and consent of the Senate, for the period of four years, unless sooner removed by the President, a secretary, an attorney-general, a treasurer, an au- ditor, a Commissioner of the interior, and a commis- sioner of education, each of whom shall reside in Porto Rico during his official incumbency and have the powers and duties hereinafter provided for them, respectively, and who, together with five other per- sons of good repute, to be also appointed by the President for a like term of four years, by and with the advice and Consent of the Senate, shall Constitute an executive council, at least five of whom shall be native inhabitants of Porto Rico, and, in addition to the legislative duties hereinafter imposed upon them as a body, shall exercise such powers and perform such duties as are hereinafter provided for them, re- Spectively, and who shall have power to enhploy all Inecessary deputies and assistants for the proper dis- charge of their duties as such officials and as such ex- ecutive council. (April 12, 1900, c. 191, § 18, 31 Stat. 81.) ' * ) See §§ 3803e, 3803gg, 3803.hh, 3803w. - § 3767. Secretary; duties—The secretary shall record and preserve minutes of the proceedings Of the executive Council and the laws enacted by the leg- islative assembly and all acts and proceedings Of the governor, and shall promulgate all proclamations and orders of the governor and all laws enacted by the leg- islative assembly. He shall, within sixty days after the end of each session of the legislative assembly, transmit to the President, the President of the Sen- ate, the Speaker of the House of Representatives, and the Secretary of State Of the United States One copy each of the laws and journals of such session. (April 12, 1900, c. 191, § 19, 31 Stat. 81.) See §§ 3803.hh, 3803w. § 3768. Same; acting as governor—In case of the death, removal, resignation, or disability of the governor, or his temporary absence from Porto Rico, the Secretary shall exercise all the powers and per- form all the duties of the governor during such va- cancy, disability, or absence. (April 12, 1900, c. 191, § 20, 31 Stat. 81.) See §§ 3803ii, 3803W. § 3769. Attorney-general; powers and duties— The attorney-general shall have all the powers and discharge all the duties provided by law for an attorney COMP.ST.’18—36 of a Territory of the United States in so far as the same are not locally inapplicable, and he shall perform Such other duties as may be prescribed by law, and make such reports, through the governor, to the Attorney- General of the United States as he may require, which shall annually be transmitted to Congress. (April 12, 1900, c. 191, § 21, 31 Stat. 82.) See § 3803ee. § 3770. Treasurer; powers and duties—The treasurer shall give bond, approved as to form by the attorney-general of Porto Rico, in such sum as the execution council may require, not less, however, than the sum of One hundred thousand dollars, With Surety approved by the governor, and he shall Collect and be the Custodian of the public funds, and shall dis- burse the same when appropriated by law, On War- rants signed by the auditor and countersigned by the governor, and shall perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the United States as he may require, which shall annually be transmitted to Congress. (April 12, 1900, c. 191, § 22, 31 Stat. 82.) See § 3803eee. § 3771. Auditor; duties—The auditor shall keep full and accurate accounts, showing all receipts and disbursements and perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the TJnited States as he may require, which shall annual- ly be transmitted to Congress. (April 12, 1900, c. 191, § 23, 31 Stat. 82.) See § 3803gg. § 3772. Commissioner of interior; powers and duties—The commissioner of the interior shall Super- intend all works of a public nature, and shall have charge of all public buildings, grounds, and lands, ex- cept those belonging to the United States, and shall execute such requirements as may be imposed by law with respect thereto, and shall perform Such other duties as may be prescribed by law, and make Such reports through the governor to the Secretary of the Interior of the United States as he may require, which shall annually be transmitted to Congress. . (April 12, 1900, c. 191, § 24, 31 Stat. 82.) See § 3803f. - § 3773. Commissioner of education; powers and duties—The Commissioner of education shall Sū- perintend public instruction throughout Porto Rico, and all disbursements on account thereof must be ap- proved by him ; and he shall perform such other duties as may be prescribed by law, and make such reports through the governor as may be required by the Commissioner of Education of the United States, which shall annually be transmitted to CongreSS. (April 12, 1900, c. 191, § 25, 31 Stat. 82.) See § 3803ff. § 3774. Other members of council; duties; compensation—The Other five members of the execu- tive council, to be appointed as hereinbefore provided, shall attend all meetings Of the executive Council and participate in all business of every character that may be transacted by it ; and they shall receive as compensation for their services such annual salaries as may be provided by the legislative assembly. (April 12, 1900, c. 191, § 26, 31 Stat. 82.) See § 3803e. § 3775. Reports—All reports required by law to be made by the governor or members of the executive council of Porto Rico to any official in the United States shall hereafter be made to an executive depart- ment of the GOVernment of the United States to be designated by the President; and the President is hereby authorized to place all matters pertaining to the government of Porto Rico in the jurisdiction of such department. (July 15, 1909, c. 4, § 2, 36 Stat. 11. ) See § 3803dd. 3 3776 (Tit. 23 TEIE TERRITORIES AND INSULAR POSSESSIONS IPage 562] HOUSE OF DELEGATES § 3776. Legislative assembly; number of del- egates—All local legislative powers hereby granted Shall be vested in a legislative assembly which shall Consist of two houses; one the executive council, as hereinbefore constituted, and the other a house of del- egates, to consist of thirty-five members elected bien- nially by the qualified voters as hereinafter provided; and the two houses thus constituted shall be designat- ed “The legislative assembly of Porto Rico.” (April 12, 1900, c. 191, § 27, 31 Stat. 82.) See §§ 3803.j, 3803.jjj. § 3777. Election districts—For the purposes Of such elections Porto Rico shall be divided by the execu- tive Council into seven districts, Composed of Contiguous territory and as nearly equal as may be in population, and each district shall be entitled to five members of the house of delegates. (April 12, 1900, c. 191, § 28, 31 Stat. 82.) See §§ 3803]<, 3803.jjj. ELECTION OF DELEGATES § 3778. First election; term of office; quali- fications of voters—The first election for delegates shall be held On Such date and under such regula- tions as to ballots and voting as the executive Council may prescribe; and at such elections the voters of each legislative district shall choose five delegates to represent them in the house of delegates from the date of their election and qualification until two years from and after the first day of January next ensuing ; of all which thirty days’ notice shall be given by publica- tion in the Official Gazette, or by printed notices dis- tributed and posted throughout the district, or by both, as the executive council may prescribe. At Such elections all citizens Of Porto Rico shall be allowed to vote who have been bona fide residents for One year and who possess the other qualifications of Voters un- der the laws and military orders in force on the first day of March, nineteen hundred, subject to such modi- fications and additional qualifications and such regula- tions and restrictions as to registration as may be pre- scribed by the executive Council. The house of delegates SO Chosen shall Convene at the Capital and Organize by the election of a speaker, a clerk, a sergeant-at-arms, and such other officers and assistants as it may require, at Such time as may be designated by the executive Council; but it shall not continue in session longer than sixty days in any One year, unless called by the gover- nor to meet in extraordinary session. The enacting Clause Of the laws shall be, “Be it enacted by the legis- lative assembly Of Porto Rico ;” and each member of the hOuse of delegates shall be paid for his services at the rate Of five dollars per day for each day’s at- tendance while the house is in Session, and mileage at the rate of ten cents per mile for each mile neces- Sarily traveled each way to and from each session of the legislative assembly. All future elections of delegates shall be governed by the provisions hereof, so far as they are applica- ble, until the legislative assembly shall otherwise provide. (April 12, 1900, c. 191, § 29, 31 Stat. 82.) § 3779. Powers of house; qualifieations of members—The house of delegates shall be the Sole judge of the elections, returns, and qualifications of its members, and shall have and exercise all the powers with respect to the COnduct Of its proceedings that usually appertain to parliamentary legislative bodies. No person shall be eligible to membership in the house of delegates who is not twenty-five years of age and able to read and write either the Spanish or the English language, or Who is not possessed in his own right of taxable property, real or personal, situated in Porto Rico. (April 12, 1900, c. 191, § 30, 31 Stat. 83.) See §§ 3803.jjj, 3803m. § 3780. Passage of bills; approval or veto— All bills may originate in either house, but no bill shall become a law unless it be passed in each house by a majority vote of all the members belonging to Such house and be approved by the governor within ten days thereafter. If, when a bill that has been passed is presented to the governor for signature, he approves the Same, he shall sign it, or if not he shall return it, with his objections, to that house in which it originat- ed., Which house shall enter his objections at large on its journal, and proceed to reconsider the bill. If, after such reconsideration, two-thirds of that house Shall agree to pass the bill, it shall be sent, together With the objections, to the other house, by which it Shall likewise be considered, and if approved by two- thirds of that house it shall become a law. But in all Such cases the votes of both houses shall be deter- mined by yeas and nays, and the names of the per- SOnS VOting for and against the bill shall be entered upon the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been pre- Sented to him, the same shall be a law in like man- ner as if he had signed it, unless the legislative as- Sembly by adjournment prevent its return, in which Case it shall not be a law: Provided, however, That all laws enacted by the legislative assembly shall be reported to the Congress of the United States, which hereby reserves the power and authority, if deemed advisable, to annul the same. And provided further, That if at the termination of any fiscal year the ap- propriations necessary for the support of government for the ensuing fiscal year shall not have been made an amount equal to the Sums appropriated in the last appropriation bills for such purpose shall be deemed to be appropriated ; and until the legislature shall act in Such behalf the treasurer may, with the advice Of the governor, make the payments necessary for the purpose aforesaid. (April 12, 1900, c. 191, § 31, 31 Stat. 83, amended, July 15, 1909, c. 4, § 1, 36 Stat. 11.) See § 3803rm. § 3781. Scope of legislative power; grants of franchises—The legislative authority herein provided Shall extend to all matters of a legislative character Inot locally inapplicable, including power to create, COnSOlidate, and reorganize the municipalities, so far as may be necessary, and to provide and repeal laws and Ordinances therefor; and also the power to al- ter, amend, modify, and repeal any and all laws and Ordinances of every character now in force in POrto Rico, Or any municipality or district thereof, not inconsistent with the provisions hereof; Provided, however, That all grants of franchises, rights, and privileges Or concessions of a public or quasi-public nature shall be made by the executive council, with the approval Of the governor, and all franchises grant- ed in Porto Rico shall be reported to Congress which hereby reserves the power to annul or modify the same. (April 12, 1900, c. 191, § 32, 31 Stat. 83.) See §§ 3803oo, 3803p. - § 3782. Franchises; approval by President— All railroad, street railway, telegraph and telephone franchises, privileges or concessions granted under section thirty-two of said Act shall be approved by the President of the United States, and no such franchise. privilege, Or Concession shall be operative until it shall have been so approved. (May 1, 1900, No. 23, § 2, 31 Stat. 716.) See § 3803p. & § 3783. Same; special provisions in; corpor- ate real estate holdings—All franchises, privileges or Concessions granted under Section thirty-two of Said Act shall provide that the same shall be subject to amendment, alteration, or repeal; shall forbid the issue of stock Or bonds, except in exchange for actual cash, or property at a fair valuation, equal in amount to the par value of the stock Or bonds issued; shall forbid the declaring of stock Or bond dividends ; and, in the case of public-service CorpOrations, Shall pro- vide for the effective regulation of the Charges there- of and for the purchase or taking by the public au- thorities of their property at a fair and reasonable valuation. No corporation shall be authorized to con- Ch. 3C) & 3787 TEIE TERRITORIES AND INSULAR POSSESSIONS IIPage 5631 duct the business of buying and selling real estate or be permitted to hold or Own real estate except Such as may be reasonably necessary to enable it to Carry out the purposes for which it was created, and every Corporation hereafter authorized to engage in agri- Culture shall by its charter be restricted to the OWn- ership and COntrol Of not to exceed five hundred a Cres of land; and this provision shall be held to prevent any member of a corporation engaged in agriculture from being in any wise interested in any other COr- poration engaged in agriculture. Corporations, how- ever, may loan funds upon real estate Security, and purchase real estate when necessary for the Collec- tion of loans, but they shall dispose of real estate SO obtained within five years after receiving the title. Corporations not organized in Porto Rico, and doing business therein, shall be bound by the provisions of this section so far as they are applicable. (May 1, 1900, No. 23, § 3, 31 Stat. 716.) See § 3803pp. & THE JUDICIARY § 3784. Existing courts continued; justices and marshal of supreme court; judges of district court—The judicial power shall be Vested in the courts and tribunals of Porto Rico as already estab- lished and now in operation, including municipal courts under and by virtue of General Orders, Num- bered One hundred and eighteen, as promulgated by Brigadier-General Davis, United States Volunteers, August sixteenth, eighteen hundred and ninety-nine, and including also the police courts established by General Orders, Numbered One hundred and ninety- five, promulgated November twenty-ninth, eighteen hundred and ninety-nine, by Brigadier-General Davis, United States Volunteers, and the laws and Ordinances of Porto Rico and the municipalities thereof in force, so far as the same are not in conflict hereWith, all which courts and tribunals are hereby continued. The jurisdiction of said courts and the form of procedure in them, and the various officials and attachés there- of, respectively, shall be the same as defined and pre- scribed in and by said laws and ordinances, and Said General Orders, Numbered One hundred and eighteen and One hundred and ninety-five, until OtherWise pro- vided by law: Provided, however, That the chief jus- tice and associate justices of the Supreme Court and the marshal thereof shall be appointed by the Presi- dent, by and with the advice and consent of the Sen- ate, and the judges of the district courts shall be appointed by the governor, by and with the advice and consent of the executive Council, and all. Other officials and attachés of all the other COurts Shall be chosen as may be directed by the legislative assembly, which shall have authority to legislate from time to time as it may see fit with respect to said Courts, and any others they may deem it advisable to establish, their organization, the number of judges and officials and attachés for each, their jurisdiction, their pro- cedure, and all other matters affecting them. (April 12, 1900, c. 191, § 33, 31 Stat. 84.) See § 3803d. § 3785. Judicial district of Porto Rico; judge, attorney and marshal—Porto Rico shall Constitute a 'judicial district to be called “the district of Porto Rico.” The President, by and with the advice and consent of the Senate, shall appoint a district judge, a district attorney, and a marshal for Said district, each for a term of four years, unless SOOner remov- ed by the President. The district court for said dis- trict shall be called the district COUrt Of the United States for Porto Rico and shall have power to appoint all necessary officials and assistants, including a clerk, an interpreter, and such commissioners as may be necessary, who shall have like power and duties as are exercised and performed by commissioners of the circuit courts of the United States, and shall have, in addition to the Ordinary jurisdiction of district courts of the United States, jurisdiction. Of all cases Cognizant in the circuit courts of the United States, and Shall proceed therein in the same manner as a Circuit Court. The laws of the United States relat- ing to appeals, writs of error and certiorari, removal of Causes, and Other matters and proceedings as be- tWeen the COurts Of the United States and the courts Of the Several States shall govern in such matters, and proceedings as between the district Court of the United States and the courts of Porto Rico. Regular terms of said Court shall be held at San Juan, Com- mencing On the second Monday in April and Octo- ber of each year, and also at Ponce on the second Mon- day in January of each year, and Special terms may be held at Mayaguez at such other stated times as Said judge may deem expedient. All pleadings and pro- Ceedings in said court shall be Conducted in the Eng- lish language. * The United States district Court hereby established shall be the successor to the United States provision- al court established by General Orders, Number- ed Eighty-eight, promulgated by Brigadier-General Davis, United States Volunteers, and shall take pos- Session of all records Of that Court, and take juris- diction of all cases and proceedings pending therein, and said United States provisional Court is hereby discontinued. (April 12, 1900, c. 191, § 34, 31 Stat. 85.) See § 38030 g. § 3786. Jurisdiction of United States district court extended—The jurisdiction of the district Court Of the United States for Porto Rico in Civil Cases shall, in addition to that conferred by the Act of April twelfth, nineteen hundred, extend to and embrace Con- troversies where the parties, or either of them, are citizens of the United States, or citizens or subjects of a foreign State or States, wherein the matter in dis- pute exceeds, exclusive of interest or costs, the Sum or value of one thousand dollars. (March 2, 1901, c. 812, § 3, 31 Stat. 953.) See § 3803dq. § 3787. Justice of supreme court as tem- porary or special judge of United States district court—Whenever the United States district judge Of the district of Porto Rico shall be absent from the said district, and that fact shall be made to appear by the certificate in writing of the United States at- torney or marshal of that district, filed in the Of- fice of the clerk Of the United States district Court for said district, or when for any reason the said judge shall or may be disqualified or unable to act as such in any cause pending in the district Court Of the Unit- ed States for Porto Rico, and that fact shall be made to appear either by proper order entered in the record of said cause by the regular district judge, or by the certificate in writing of the United States attorney or marshal Of that district filed in the Office of the clerk Of the United States district Court for said district, the governor of Porto Rico may, by Writing filed in the Said clerk’s Office, designate a justice Of the Su- preme Court of Porto Rico either as temporary judge of said district court or as special judge thereof; and the temporary judge so designated as afore- said shall have and may exercise Within said dis- trict, during the absence of the regular district judge, all the power of every kind by law vested in said district judge, and after the return of said district judge to said district, shall continue to have and ex- ercise said powers with respect to any Cause, the trial Of which shall have been Commenced before him Or which shall have been submitted to him for decision prior to the return of said district judge; and the special judge so designated as aforesaid shall have and may exercise within said district all the power Of every kind by law vested in said district judge with respect to any cause named in the Writing by the governor, filed as aforesaid, designating the said special judge as aforesaid: Provided, That no addi- tional Compensation shall be paid to either such tem- porary district judge or special district judge for Serv- & 3788 THE TERRITORIES AND INSULAR POSSESSIONS (Tit. 23 [Page 564] - ices rendered pursuant to such designation. (Jan. revenues of Porto Rico, as the executive council shall 7, 1913, c. 6, 37 Stat. 648.) § 3788. Jurors in United States district court —The qualifications of jurors as fixed by the local laws of Porto Rico shall not apply to jurors selected to serve in the district Court of the United States for Porto Rico, but that the qualifications required of . jurors in said court shall be that each shall be of the age of twenty-One years and not over sixty-five years, a resident of Porto Rico for not less than One year, and having a sufficient knowledge of the English language to enable him to duly serve as a juror: Provided, That the exemption from jury duty allowed by the local law shall be respected by the Court When insisted upon by veniremen: And provided further, That the juries for said court shall always be selected and drawn in accordance with the laws. Of Congress regu- lating the same in the United States courts. (June 25, 1906, c. 3542, 34 Stat. 466.) See § 3803s. § 3789. Fees and expenses of district court- Such fees and expenses as are payable by the Unit- ed States, if earned or incurred in connection with a circuit or district court of the United States, shall be paid from the revenues of Porto Rico, if earned Or in- curred in connection with the district court of the United States for Porto Rico. That all such fees, fines, costs, and forfeitures as would be deposited to the credit of the United States, if collected and paid into a circuit or district court of the United States, shall become revenues of Porto Rico, if collected and paid into the district court of the United States for Porto Rico. The commissioners appointed, as provid- ed in section thirty-four of said Act approved April twelfth, nineteen hundred, shall be entitled to the fees provided for United States commissioners. (March 2, 1901, c. 812, § 2, 31 Stat. 953.) See § 3803SS. º § 3790. Fees and mileage of jurors and wit- nesses—Jurors and witnesses in the United States district court of Porto Rico shall be entitled to and receive fifteen cents for each mile necessarily travel- ed Over any stage line or by private conveyance and ten cents for each mile over any railway in going to and returning from saids courts: Provided, That no constructive or double mileage fees shall be allowed by reason of any person being summoned both as witness and juror, or as witness in two or more Cases pending in the same court and triable at the same term thereof. (March 2, 1901, c. 812, § 4, 31 Stat. 954.) See § 3803tt. § 3791. Writs of error and appeals; habeas corpus; proceedings in English—[Writs of error and appeals from the final decisions of the Supreme court of Porto Rico and the district court of the United States shall be allowed and may be taken to the Supreme Court of the United States in the same manner and under the same regulations and in the same cases as from the supreme courts of the Terri- tories of the United States; and such writs of error and appeal shall be allowed in all cases where the Constitution of the United States, or a treaty there- of, or an Act of Congress is brought in question and the right claimed thereunder is denied ;] and the Su- preme and district courts of Porto Rico and the re- spective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district and circuit courts Of the United States. All such proceedings in the Su- preme Court of the United States shall be conducted in the English language. (April 12, 1900, c. 191, § 35, 31 Stat. 85.) Text in brackets superseded. also, § 3803r. § 3792. Salaries; fixed by executive council— The salaries of all officials of Porto Rico not appoint- ed by the President, including deputies, assistants, and See §§ 1215, 1223. See, other help, shall be such, and be so paid out of the diminished during his term of Office. from time to time determine: Provided, however, That the Salary of no officer shall be either increased or The Salaries of all Officers and all expenses of the offices of the Vari- ous officials of Porto Rico, appointed as herein pro- vided by the President, including deputies, assistants, and other help, shall also be paid out of the revenues of Porto Rico on the warrant of the auditor, counter- signed by the governor. - - The annual salaries of the officials appointed by the President, and so to be paid, shall be as follows: The governor, eight thousand dollars; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of Porto Rico, with the furniture and effects therein, free Of rental. The secretary, four thousand dollars. The attorney-general, four thousand dollars. The treasurer, five thousand dollars. The auditor, four thousand dollars. The Commissioner of the interior, four thousand dol- lars. The Commissioner of education, [three thousand dol- lars.] - - The chief justice of the supreme court, five thou- sand dollars. - - - The associate justices of the supreme court (each), four thousand five hundred dollars. - The marshal of the Supreme Court, three thousand ClOllars. . The United States district judge, five thousand dol- lars. - The United States district attorney, four thousand dollars. * . - The United States district marshal, three thousand five hundred dollars. (April 12, 1900, c. 191, § 36, 31 Stat. 85.) - - - Text in brackets superseded by § 3793. See, also, § 3803v. § 3793. Same; commissioner of education; district court officials—The salary of the commis- Sioner of education, for Porto Rico shall, from and after the first day Of April, nineteen hundred and one, be four thousand dollars per annum, and in addi- tion to the duties provided by section thirty-six of the Act of April twelfth, nineteen hundred, the executive Council shall, from time to time, determine the salaries of all officials and assistants, appointed by the Unit- ed States district court, including the clerk and the interpreter, which shall be paid out of the revenues Of Porto Rico as Other salaries and expenses of like Character are paid under the provisions of said Act. (March 2, 1901, c. 812, § 1, 31 Stat. 953.) See §§ 3803t, 3803w. - - § 3794. Same; munieipal officers and other Imunicipal expenses—The provisions of the foregoing Section shall not apply to the municipal Officials. Their salaries and the compensation of their deputies, àSSistants, and Other help, as Well as all other ex- penses incurred by the municipalities, shall be paid out of the municipal revenues in such manner as the legislative assembly shall provide. (April 12, 1900, c. 191, § 37, 31 Stat. 85.) See § 3803v.v. - § 3795. Export duties; taxes and license fees; public indebtedness—No export duties shall be levied or collected on exports from Porto Rico; but taxes and assessments on property, and license fees for franchises, privileges, and concessions may be imposed for the purposes of the insular and munici- pal governments, respectively, as may be provided and defined by act of the legislative assembly; and Where necessary to anticipate taxes and revenues, bOnds and Other Obligations may be issued by POrto Rico or any municipal government therein as may be provided by law to provide for expenditures authoriz- ed by law, and to protect the public credit, and to reimburse the United States for any moneys which have been or may be expended out of the emergency Ch. 3c) ź 3801 TEIE TERRITORIES AND INSULAR POSSESSIONS IPage 565I fund of the War Department for the relief Of the industrial conditions Of Porto Rico Caused by the hurricane of August eighth, eighteen hundred and ninety-nine: Provided, however, That no public in- debtedness of Porto Rico or of any municipality there- Of shall be authorized or allowed in excess of seven per centum of the aggregate tax valuation of its proper- ty. (April 12, 1900, c. 191, § 38, 31 Stat. 86.) § 3796. Resident commissioner; election; salary; qualifications—The qualified voters of POrto Rico shall, on the first Tuesday after the first Mon- day of November, anno Domini nineteen hundred, and every two years thereafter, choose a resident commis- sioner to the United States, who shall be entitled to Official recognition as such by all Departments, upon presentation to the Department of State of a certifi- cate of election of the governor of Porto Rico, and who shall be entitled to a salary, payable monthly by the United States, at the rate of [five thousand dollars] per annum: Provided, That no person shall’ be eligible to such election who is not a bona fide Citizen. Of Porto Rico, who is not thirty years Of age, and who does not read and write the English lan- guage. (April 12, 1900, c. 191, $ 39, 31 Stat. 86.) See § 38030. § 3797. Same; traveling expenses—The resi- dent Commissioner from Porto Rico to the United States, provided for by section thirty-nine of the Act of April twelfth, nineteen hundred, entitled “An Act temporarily to provide revenues and a civil govern- ment for Porto Rico, and for other purposes,” shall be entitled, in addition to his salary as now fixed by law, to his actual expenses in traveling to and from Porto Rico Once annually, and his term of Office shall commence on the fourth day of March next succeeding the date of his election; and the term of Office of the present incumbent is hereby extended to the third day of March, nineteen hundred and three. (July 1, 1902, c. 1383, § 3, 32 Stat. 732.) See § 38030. § 3798. Sanme; payment of salary and ex- perases—For salary of the resident commissioner from Porto Rico to the United States authorized by the Act temporarily to provide revenues and a civil gov- ernment for Porto Rico, approved April twelfth, nine- teen hundred, * * ; for traveling expenses, * * which shall hereafter be paid by the Sergeant-at-Arms of the House of Representatives in the same manner as the salaries of the Members of the House of Rep- resentatives are now paid. (June 22, 1906, c. 3514, § 1, 34 Stat. 417.) § 3799. Construction of wharves—The Secre- tary of War be, and he is hereby, empowered, sub- ject to the restrictions and under the conditions here- inafter mentioned, to authorize the Construction, ex- tension, and maintenance of any wharf, pier, dolphin, boom, weir, breakwater, sea wall, bulkhead, jetty, or other structure on any of the lands belonging to the TJnited States which underlie the harbor areas and navigable streams and bodies of waters in or sur- rounding Porto Rico and the islands adjacent there- to and the filling in and dredging of such lands. (June 11, 1906, c. 3075, § 1, 34 Stat. 234.) § 3800. Same; “person”—The word “person” as used in this Act shall be construed to import either the singular or the plural, as the case demands, and shall include individuals, municipalities, quasi-munici- pal corporations, corporations, companies, and associa- tions. (June 11, 1906, c. 3075, § 2, 34 Stat. 234.) § 3801. Same; restrictions on powers—The powers granted in the foregoing sections shall be sub- ject, however, to the following restrictions: (a) No authorization to any person to construct, extend, or maintain any such structure shall continue for a longer period than the period set forth in such authorization, and shall provide that the Government of the Unifed States or with the approval of the Secretary of War the government of Porto Rico shall have the right at any time after the expiration of thirty years from the date of such authorization, and after three months’ notice, to take any such structure from the Owner thereof upon paying the value of the same at the time it shall be so taken, and the amount paid shall not exceed the Original cost of the Same as may be fixed under paragraph (f) hereof. In Case the Government of the United States or the government of Porto Rico, exercising the right of purchase as aforesaid should claim that the value Of the structure when seized and taken is less than its original cost, the extent of deterioration or dimi- Inution from the Original value Shall be determined by a board Or Commission of four members, two Of whom shall be appointed by the Secretary of War for the Government of the United States Or by the Governor of Porto Rico for the government of Porto Rico as the case may be and two by the owner of such structure. If the four members thus chosen and appointed shall not be able to agree, they shall Cho OSe by mutual agreement a referee, whose decision shall be final, but in no case shall the amount to be paid exceed the original cost as fixed under the provisions of said paragraph (f). If the four members thus chosen and appointed are unable by mutual agree- ment to select a referee, then the Chief of Engineers of the United States Army shall be the referee, and his decision shall be final. All authorizations granted by the Secretary Of War for any such construction, extension, or main- tenance (b) Shall be subject to alteration, amendment, or repeal by COngress; (c) Shall provide that the Wharfage fees and charg— es for vessels, for passengers, and for goods loaded or discharged on, from, at, or over any such structure, and for approach and entry to any such Structure, shall be no greater than are just, reasonable, and fair- ly remunerative, and for that purpose shall at all times be subject to regulation and revision by the said Secretary of War; that such fees and charges Shall be the same for all perSOns, and all perSOns shall have equal right to approach, enter, and use the said structure, subject to such reasonable rules and regu- lations as the grantee thereof may establish, all Of which rules and regulations shall be Subject to revision by the Secretary of War; (d) That all necessary dredging in or in connection with the said structure, Or the Tise thereof, shall be made by the grantee of the authorization; (e) That such authorization shall be null and Void unless actual construction shall be COImmenced within One year from the date of such authorization by the Secretary of War, and completed within three years from the date Of Such authorization, Or Within Such lesser periods as may be therein fixed: Provided, That the Secretary of War may for due cause shown ex- tend the time for the Completion of Such Construction for a reasonable period. (f) That duly verified accounts of expenditure for the construction, extension, Or improvement of Such structure shall be exhibited to, and filed with, the United States army engineer at the City Of San Juan, Porto Rico, who shall report to the Secretary of War the entire cost of such structure, extension, or improvement to be built under such authorization. (g) That the said structure shall not be sublet, sold, transferred, or assigned, nor shall the author- ization therefor be granted, sold, transferred, or as- signed without the consent Of the Secretary of War, nor in any case to a person engaged, directly or in- directly, in the same line of business, in the same harbor area, navigable stream, Or body Of Water, and that any grant, subletting, sale, transfer, or assign- ment in violation hereof shall be null and void; (h) That any and all vessels owned or chartered by the United States Government shall in case of any emergency, Or in time of war, have prior right, free of charge, to the use of any such structure; and (i) Shall Contain such further restrictions as the ź 8802 (Tit. 23 TEIE TERRITORIES AND INSULAR POSSESSIONS IPage 566] Secretary of War may see fit to impose therein. (June 11, 1906, c. 3075, § 3, 34 Stat. 235.) § 3802. Same; applicant for authority to construct; plains and specifications—No Such au- thorization by the Secretary of War shall be granted to any person unless the applicant therefor shall first furnish to the Secretary of War satisfactory proof either that he (or it) is the owner or lessee of the approaches to the shore end of the proposed structure, With the right to use the same in connection therewith, Or that he (Or it) is the Owner of a franchise granting the right to use said approaches in connection with Such proposed structure. Every application to the Secretary Of War for any such authorization shall be accompanied by plans and specifications for such Structure, extension, or improvement, with said plans and specifications shall be submitted to, and approved by, the Chief of Engineers of the United States Army before the granting of any such authorization by the Secretary of War, and such plans and specifications Shall not be deviated from in any Such Structure, ex- tension, or improvement without the written consent, first obtained, of the said Chief of Engineers. 11, 1906, c. 3075, § 4, 34 Stat. 236.) § 3803. Same; existing rights not affected— Nothing herein contained shall be so construed as to affect legal or equitable rights, if any, existing at the date of the approval of this Act which were acquired by the government of Porto Rico Or any other part under any contract, lease or license; for the con- struction, extension, improvement, or maintenance of any such structure, granted by the United States authorities prior to the approval of this Act. (June 11, 1906, c. 3075, § 5, 34 Stat. 236.) § 330.3a. Territory included inder name Porto Rico—The provisions of this Act shall apply to the island Of Porto Rico and to the adjacent islands belonging to the United States, and waters of those islands; and the name Porto Rico as used in this Act shall be held to include not only the island of that name but all the adjacent islands as aforesaid. (March 2, 1917, c. 145, § 1, 39 Stat. 951.) See § 3747. BIT.L OF RIGHTS § 3803a.a. Bill of Rights and restrictions—No law shall be enacted in Porto Rico which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the la WS. That in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy and public trial, to be confronted with the Witnesses against him, and to have COmpulsory pro- cess for obtaining witnesses in his favor. That no person shall be held to answer for a Crim- inal Offense without due process Of law ; and no per- son for the same Offense shall be twice put in jeopardy of punishment, nor shall be COmpelled in any Criminal case to be a witness against himself. That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. That no law impairing the obligation of Contracts shall be enacted. That no person shall be imprisoned for debt. That the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion, insurrection, or invasion the public Safety may re- Quire it, in either of which events the same may be suspended by the President, or by the governor, when- ever during such period the necessity for such sus- pension shall exist. That no ex post facto law or bill of attainder shall be enacted. Private property shall not be taken or damaged for public use except upon payment of just compensa- tion ascertained in the manner provided by law. (June Nothing contained in this Act shall be Construed to limit the power of the legislature to enact laws for the protection of the lives, health, or safety of employees. That no law granting a title of nobility shall be en- acted, and no person holding any office of profit or trust under the government of Porto Rico shall, with- Out the Consent of the Congress of the United States, a CCept any present, emolument, Office, Or title of any kind Whatever from any king, queen, prince, or for- eign State, or any officer thereof. That excessive bail shall not be required, nor ex- Cessive fines imposed, nor cruel and unusual punish- ments inflicted. That the right to be secure against unreasonable Searches and seizures shall not be violated. That no warrant for arrest or search shall issue but upon probable cause, supported by oath or af- firmation, and particularly describing the place to be Searched and the perSons or things to be seized. That slavery shall not exist in Porto Rico. That involuntary servitude, except as a punishment for Crime, whereof the party shall have been duly con- Victed, shall not exist in Porto Rico. That no law shall be passed abridging the freedom of Speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. - That Ino law shall be made respecting an establish- ment of religion or prohibiting the free exercise there- Of, and that the free exercise and enjoyment of re- ligious profession and worship without discrimination Or preference shall forever be allowed, and that no political or religious test other than an oath to Sup- port the Constitution of the United States and the laws of Porto Rico shall be required as a qualification to any Office or public trust under the government of POrto Rico. That no public money or property sº all ever be ap- propriated, applied, donated, used, directly or indi- Irectly, for the use, benefit, or support of any sect, Church, denomination, sectarian institution or asso- Ciation, or system of religion, or for the use, benefit, Or Support of any priest, preacher, minister, or other religious teacher or dignitary as such, or for charita- ble, industrial, educational, or benevolent purposes to any person, Corporation, or community not under the absolute control of Porto Rico. Contracting of polyga- mous or plural marriages hereafter is prohibited. That One year after the approval Of this Act and thereafter it shall be unlawful to import, manufac- ture, Sell, Or give a Way, or to expose for sale or gift any intoxicating drink or drug : Provided, That the legislature may authorize and regulate importation, manufacture, and Sale Of Said liquors and drugs for medicinal, Sacramental, industrial, and Scientific uses Only. The penalty for violations of this provision With reference to intoxicants shall be a fine Of not less than $25 for the first Offense, and for Second and Subsequent Offenses a fine Of not less than $50 and im- priSOhment for not less than One month Ol' more than One year: And provided further, That at any gen- eral election within five years after the approval of this Act this provision may, upon petition of not less than ten per centum of the qualified electors of Porto Rico, be submitted to a vote of the qualified electors of Porto Rico, and if a majority of all the qualified electors of Porto Rico voting upon Such question shall vote to repeal this provision, it Shall thereafter not be in force and effect; otherwise it shall be in full force and effect. That no money shall be paid out of the treasury ex- cept in pursuance of an appropriation by law, and on warrant drawn by the proper Officer in pursuance thereof. That the rule of taxation in Porto Rico shall be uni- form. That 'all money derived from any tax levied or as- sessed for a special purpose shall be treated as a Ch. 3c) 3 3803cc THE TERRITORIES AND INSULAR POSSESSIONS [Page 567I special fund in the Treasury and paid out for such purpose only except upon the approval of the Presi- dent of the United States. - That eight hours shall constitute a day’s work in all cases of employment of laborers and mechanics by and on behalf of the government of the island. On public works, except in Cases of emergency. That the employment of children under the age. Of fourteen years in every occupation injurious to health Or morals Or hazardous to life or limb is hereby prohibited. (March 2, 1917, c. 145, § 2, 39 Stat. 951.) § 3803a.a.a. Export duties; taxes, etc., for in- sular government; bornds, etc.—No export duties shall be levied Or Collected on exports from POrto Rico, but taxes and assessments on property, inter- nal revenue, and license fees, and royalties for fran- Chises, privileges, and concessions may be imposed for the purposes of the insular and municipal govern- ments, respectively, as may be provided and defined by the Legislature of Porto Rico ; and when neces- sary to anticipate taxes and revenues, bonds and oth- er obligations may be issued by Porto Rico or any municipal government therein as may be provided by law, and to protect the public credit: Provided, how- ever, That no public indebtedness of Porto Rico or of any Subdivision or municipality thereof Shall be au- thorized or allowed in excess of seven per centum Of the aggregate tax valuation of its property, and . all bonds issued by the government of Porto Rico, or by its authority, shall be exempt from taxation by the Government of the United States, or by the gov- ernment of Porto Rico or of any political or munici- pal subdivision thereof, or by any State, or by any county, municipality, or other municipal subdivision of any State or Territory of the United States, or by the District of Columbia. In computing the indebted- néSS Of the people of Porto Rico, bonds issued by the people of Porto Rico secured by an equivalent amount Of bonds of municipal corporations or school boards of Porto Rico shall not be counted. (March 2, 1917, c. 145, § 3, 39 Stat. 953.) - § 3803b. Capital—The capital of Porto Rico shall be at the city of San Juan, and the seat of government Shall be maintained there. (March 2, 1917, c. 145, § 4, 39 Stat. 953.) - . See § 3753. § 3803bb. United States citizenship—All Citi- Zens of Porto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, “temporarily to provide revenues and a civil government for Porto Rico, and for Other purposes,” and all natives of Porto Rico who were temporarily absent from that island On April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign Country, are hereby declared, and shall be deemed and held to be, citizens of the United States: Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this Act before the district court in the district in which he resides, the declara- tion to be in form as follows: “I. , being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon Citizens of Porto Rico and certain natives permanently residing in said is- land.” In the case of any such person who may be ab- Sent from the island during said six months the term of this proviso may be availed Of by transmitting a declaration, under oath, in the form herein pro- vided within six months of the taking effect of this Act to the executive secretary of Porto Rico : And provided further, That any person who is born in Porto Rico of an alien parent and is permanently re- Siding in that island may, if of full age, within six -months of the taking effect of this Act, or if a minor, upon reaching his majority or Within one year there- after, make a sworn declaration of allegiance to the TJnited States before the United States District Court for Porto Rico, setting forth therein all the facts con- nected with his or her birth and residence in Porto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be con- sidered to be a citizen of the United States. (March 2, 1917, c. 145, § 5, 39 Stat. 953.) See § 3754. - § 3803bbb. Government expenses payable out of insular revenues—All expenses that may be in- curred on account of the government of Porto Rico for salaries of Officials and the conduct of their Offices and departments, and all expenses and Obligations Contracted for the internal improvement Or develop- ment of the island, not, however, including defenses, barracks, harbors, lighthouses, buoys, and other WOrks undertaken by the United States, shall, except as oth- erwise specifically provided by the Congress, be paid by the treasurer of Porto Rico Out of the revenue in his custody. (March 2, 1917, c. 145, § 6, 39—Stat. 953.) See § 3759. § 3803c. Public property transferred—All property which may have been acquired in Porto Rico by the United States under the cession of Spain in the treaty Of peace entered into on the tenth day of December, eighteen hundred and ninety-eight, in any public bridges, road houses, water powers, high- Ways, unnavigable streams and the beds thereof, Sub- terranean waters, mines or minerals under the Sur- face of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Porto Rico, all the harbor shores, docks, slips, re- Claimed lands, and all public lands and buildings not heretofore reserved by the United States for public purposes, is hereby placed under the Gontrol of the government of Porto Rico, to be administered for the benefit of the people of Porto Rico; and the Legisla- ture of Porto Rico shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all Such matters as it may deem ad- visable: Provided, That the President may from time to time, in his discretion, convey to the people of Porto Rico Such lands, buildings, Or interests in lands or other property now owned by the United States and within the territorial limits of Porto Rico as in his opinion are no longer needed for purposes of the |United States. And he may from time to time a C- Cept by legislative grant from Porto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States. (March 2, 1917, c. 145, § 7, 39 Stat. 954.) See § 3760. - - § 3803 cc. Harbors and navigable waters transferred—The harbor areas and navigable streams and bodies Of Water and Submerged lands underlying the same in and around the island. Of Porto Rico and the adjacent islands and waters, now owned by the United States and not reserved by the United States for public purposes, be, and the same are hereby, placed under the control of the govern- ment Of Porto Rico, to be administered in the Same manner and subject to the same limitations as the property enumerated in the preceding section: Pro- vided, That all laws of the United States for the pro- tection and improvement of the navigable waters of the United States and the preservation of the in- terests of navigation and Commerce, except So far as the same may be locally inapplicable, shall apply to Said island almd Waters and to its adjacent islands and waters: Provided further, That nothing in this Act contained shall be construed so as to affect or impair in any manner the terms or Conditions of any au- thorizations, permits, or Other powers heretofore law- fully granted or exercised in or in respect of said Waters and submerged lands in and surrounding said island and its adjacent islands by the Secretary of ź 3803ccc (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IPage 5681 War or other authorized officer or agent of the United States: greSS approved June eleventh, nineteen hundred and Six, entitled “An Act to empower the Secretary of War, under certain restrictions, to authorize the Construction, extension, and maintenance of wharves, piers, and other structures on lands underlying har- bOr areas in navigable streams and bodies of water in Or Surrounding Porto Rico and the islands adjacent thereto,” and all other laws and parts of laws in Confiict with this section be, and the same are hereby, repealed. (March 2, 1917, c. 145, § 8, 39 Stat. 954.) § 3803 ccc. United States Laws extended to Porto Rico; internal revenue receipts covered into treasury—The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal-revenue laws: Provided, however, That hereafter all taxes collected under the internal-revenue laws of the United States On ar- ticles produced in Porto Rico and transported to the United States, or consumed in the island shall be cow- ered into the treasury of Porto Rico. (March 2, 1917, c. 145, § 9, 39 Stat. 954.) See § 3762. - § 3803d. Judicial process; officials to be citi- zens of Jinited States; oath—All judicial process shall run in the name of “United States of America, SS, the President Of the United States,” and all penal Or Criminal prosecutions in the local Courts Shall be Conducted in the name and by the authority of “The People of Porto Rico”; and all officials shall be citi- Zens of the United States, and, before entering upon the duties of their respective offices, shall take an Qath to support the Constitution of the United States and the laws of Porto Rico. (March 2, 1917, c. 145, § 10, 39 Stat. 954.) See § 3764. § 3803did. Official reports—All reports required by law to be made by the governor Or heads Of depart- ments to any official of the United States shall here- . after be made to an executive department of the GOV- ernment of the United States to be designated by the President, and the President is hereby authorized to place all matters pertaining to the government Of Porto Rico in the jurisdiction of such department. (March 2, 1917, c. 145, § 11, 39 Stat. 955.) See § 3775. EXECUTIVE DEPARTMENT § 3803ddd. Governor—The supreme executive power Shall be vested in an executive Officer, whose Official title shall be “The Governor of Porto Rico.” He shall be appointed by the President, by and with the advice and Consent of the Senate, and hold his office at the pleasure of the President and until his successor is chosen and qualified. The governor Shall reside in Porto Rico during his official incumbency and maintain his office at the seat of government. He shall have general Supervision and Control Of all the departments and bureaus Of the government in Porto Rico, so far as is not inconsistent with the pro- visions Of this ACt, and Shall be COmmander in Chief Of the militia. He may grant pardons and reprieves and remit fines and forfeitures for Offenses against the laws Of Porto Rico, and respites for all Offenses against the laws of the United States until the de- Cision of the President can be ascertained, and may veto any legislation enacted as hereinafter provided. He shall commission all officers that he may be au- thorized to appoint. He shall be responsible for the faithful execution. Of the la WS Of Porto RicO and Of the United States applicable in Porto Rico, and when- ever it becomes necessary he may Call upon the COIm- manders Of the military and naval forces Of the Unit- ed States in the island, or Summon the posse COmita- tus, or Call out the militia to prevent Or suppress law- less Violence, invasion, insurrection, or rebellion, and And provided further, That the Act of Con- treasurer; tional Compensation. Stat. 955.) he may, in Case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, Suspend the privilege of the Writ of habeas corpus, Or place the island, or any part thereof, under martial law until, communication can be had with the Presi- dent and the President's decision therein made known. He shall annually, and at such other times as he may be required, make official report of the transactions Of the government of Porto Rico to the executive de- partment of the Government of the United States to be designated by the President as herein provided, and his said annual report shall be transmitted to Congress, and he shall perform such additional du- ties and functions as may in pursuance of law be delegated to him by the President. (March 2, 1917, c. 145, § 12, 39 Stat. 955.) - See § 3765. - § 3803e. Executive departments—The follow- ing executive departments are hereby created: A de- partment of justice, the head of which shall be desig- nated as the attorney general; a department Of finance, the head of which shall be designated as the a department of interior, the head of Which shall be designated as the commissioner of the interior; a department of education, the head of Which shall be designated as the Commissioner of education; a department of agriculture and labor, the head of which shall be designated as the com- missioner of agiriculture and labor; and a department Of health, the head of Which shall be designated as the Commissioner of health. The attorney general and Commissioner Of education shall be appointed by the President, by and with the advice and consent of the Senate of the United States, to hold office for four years and until their successors are appointed and Qualified, unless Sooner removed by the President. The heads of the four remaining departments shall be appointed by the governor, by and with the ad- Vice and consent of the Senate . Of Porto Rico. The heads of departments appointed by the governor shall hold office for the term of four years and until their Successors are appointed and qualified, unless sooner removed by the governor. Heads Of departments shall reside in Porto Rico during their Official incumbency, and those appointed by the governor Shall have resided in Porto Rico for at least One year prior to their appointment. The heads of departments shall collectively form a COUncil to the governor, known as the executive COun- cil. They shall perform under the general Supervi- sion of the governor the duties hereinafter prescribed, Or which may hereafter be prescribed by law and Such Other duties, not inconsistent with law, as the gov- ernor, with the approval of the President, may as- Sign to them ; and they shall make annual and such Other reports to the governor as he may require, which shall be transmitted to the executive depart- ment of the Government of the United States to be designated by the President as herein provided: Pro- Vided, That the duties herein imposed upon the heads of departments shall not carry with them any addi- (March 2, 1917, c. 145, § 13, 39 See §§ 3766, 3774. - § 3803ee. Attorney general—The attorney gen- eral shall have charge Of the administration. Of jus- tice in Porto Rico; he shall be the legal adviser of the governor and the heads of departments and shall be responsible for the proper representation of the people of Porto Rico or its duly constituted officers in all actions and proceedings, civil or Criminal, in the Supreme Court of Porto Rico in which the people Of Porto Rico shall be interested Or a party, and he may, if directed by the governor or if in his judg- ment the public interest requires it, represent the people of Porto Rico or its duly constituted officers in any other court or before any other officer or board in any action or proceeding, civil or criminal, in which the people of Porto Rico may be a party Or be in- Ch. 3C) & 8803hb. THE TERRITORIES AND INSULAR POSSESSIONS [Page 5691 terested. He shall also perform such other duties not inconsistent here with as may be prescribed by law. (March 2, 1917, c. 145, § 14, 39 Stat. 956.) See § 3769. § 3803eee. Treasurer; bond—The treasurer shall give bond, approved as to form by the attorney general of Porto Rico, in such sum as the legislature may require, not less, however, than the Sum of $125,000, with surety or sureties approved by the governor, and he shall collect and be the Custodian Of public funds, and shall disburse the same in accord- ance with law, on warrants signed by the auditor and countersigned by the governor, and perform Such other duties as may be provided by law. He may designate banking institutions in Porto Rico and the United States as depositaries of the government Of Porto Rico, subject to such conditions as may be pre- scribed by the governor, after they have filed with him satisfactory evidence of their sound financial condition and have deposited bonds of the United States or of the government of Porto Rico or other security satisfactory to the governor in such amounts as may be indicated by him ; and no banking institu- tion shall be designated a depositary of the govern- ment Of Porto Rico until the foregoing Conditions have been cqmplied with. Interest on deposits shall be required and paid into the treasury. (March 2, 1917, c. 145, § 15, 39 Stat. 956.) See § 3770. - § 3803f. Commissioner of interior—The Com- missioner of the interior shall superintend all WorkS of a public nature, have charge of all public build- ings, grounds, and lands, except those belonging to the United States, and shall execute such require- ments as may be imposed by law with respect there- to, and perform such other duties as may be pre- scribed by law. (March 2, 1917, c. 145, § 16, 39 Stat. 956.) See § 3772. § 3803ff. Commissioner of education—The commissioner of education shall superintend public instruction throughout Porto Rico; all proposed dis- bursements on account thereof must be approved by him, and all courses of study shall be prepared by him, Subject to disapproval by the governor if he de- Sires to act. He shall prepare rules governing the Selection of teachers, and appointments of teachers by local school boards shall be subject to his approval, and he shall perform Such other duties, not in COnsist- ent with this Act, as may be prescribed by law. (March 2, 1917, c. 145, § 17, 39 Stat. 956.) See § 3774. § 3803fff. Commissioner of agriculture and labor—The commissioner of agriculture and labor shall have general charge of such bureaus and branch- es of government as have been or shall be legally con- stituted for the study, advancement, and benefit Of agricultural and other industries, the Chief purpose Of this department being to foster, promote, and de- velop the agricultural interests and the Welfare of the wage earners of Porto Rico, to improve their working conditions, and to advance their Opportuni- ties for profitable employment, and shall perform Such other duties as may be prescribed by law. (March 2, 1917, c. 145, § 18, 39 Stat. 957.) § 3803g. Commissioner of health—The com- missioner of health Shall have general Charge Of all matters relating to public health, sanitation, and Charities, except Such as relate to the Conduct Of maritime quarantine, and shall perform such Other duties as may be prescribed by law. (March 2, 1917, c. 145, § 19, 39 Stat. 957.) § 3803gg. Auditor; powers and duties—There shall be appointed by the President an auditor, at an annual salary of $5,000, for a term of four years and until his Successor is appointed and qualified, who shall examine, audit, and settle all accounts per- taining to the revenues and receipts, from whatever Source, Of the government of Porto Rico and Of the municipal governments of Porto Rico, including public trust funds and funds derived from bond issues; and audit, in accordance with law and administrative reg- ulations, all expenditures of funds or property per- taining to Or held in trust by the government of Porto Rico Or the municipalities or dependencies thereof. He shall perform a like duty with respect to all gov- ernment branches. He shall keep the general accounts of the govern- ment and preserve the VOuchers pertaining thereto. It shall be the duty of the auditor to bring to the attention of the proper administrative officer ex- penditures of funds or property which, in his opinion, are irregular, unneCeSSary, excessive, Or extravagant. In case of vacancy or of the absence from duty, from any cause, of the auditor, the GOvernor of Porto Rico may designate an assistant, who shall have Charge Of the Office. - The jurisdiction of the auditor Over accounts, whether of funds or property, and all vouchers and records pertaining thereto, shall be exclusive. With the approval of the governor, he shall from time to time make and promulgate general or Special rules and regulations not inconsistent with law covering the methods of a CCOunting for public funds and prop- erty, and funds and property held in trust by the government or any of its branches: Provided, That any officer accountable for public funds or property may require such additional reports or returns from his subordinates Or Others as he may deem necessary for his own information and protection. The decisions of the auditor shall be final, except that appeal therefrom may be taken by the party ag- grieved Or the head of the department cOnCerned within one year, in the manner hereinafter prescrib- ed. The auditor shall, except as hereinafter provid- ed, have like authority as that conferred by the law upon the Several auditors of the United States and the Comptroller of the United States Treasury, and is authorized to communicate directly with any per- son having claims before him for settlement, or with any department, officer, or person having official re- lations with his Office. As soon after the close of each fiscal year as the accounts of said year may be examined and adjusted, the auditors shall submit to the governor an annual report of the fiscal concerns of the government, show- ing the receipts and disbursements of the various departments and bureaus Of the government and of the various municipalities, and make such other re- ports as may be required of him by the governor or the head of the executive department of the Govern- ment of the United States, to be designated by the President as herein provided. . In the execution of his duties the auditor is au- thorized to Summon witnesses, administer Oaths, and to take evidence, and, in the pursuance Of these pro- visions, may issue subpoenas and enforce the attend- ance of witnesses. - The office of the auditor shall be under the general supervision of the governor and shall consist of the auditor and such necessary assistants as may be pre- scribed by law. (March 2, 1917, c. 145, § 20, 39 Stat. 957.) - - See §§ 3766, 3771. - § 38031. Same; appeals from decisions-Any person aggrieved by the action or decision of the auditor in the settlement of his account Or Claim may, within One year, take an appeal in writing to the governor, which appeal shall specifically set forth the particular action of the auditor to which exception is taken, with the reason and authorities relied on for reversing such decision. The decision of the governor in such case shall be final, subject to Such right of action as may be otherwise provided by law. (March 2, 1917, c. 145, § 21, 39 Stat. 958.) § 380311.h. Executive secretary; powers and duties—There shall be appointed by the governor, by and with the advice and consent Of the Senate Of a 8803hh (Tit, 23 THE TERRITORIES AND INSULAR POSSESSIONS IPage 57 OI Porto Rico, an executive secretary at an annual salary of $4,000, who shall record and preserve the minutes and proceedings of the public service commission here- inafter provided for and the laws enacted by the legis- lature and all acts and proceedings of the governor, and promulgate all proclamations and Orders of the governor and all laws enacted by the legislature, and until otherwise provided by the legislature of Porto Rico perform all the duties of Secretary of Porto Rico as now provided by law, except as otherwise specified in this Act, and perform such other duties as may be assigned to him by the Governor of Porto Rico. In the event of a vacancy in the Office, or the absence, illness, or temporary disqualification of such officer, the governor shall designate some officer or employee of the government to discharge the func- tions of said Office during Such vacancy, absence, ill- ness, or temporary disqualification. (March 2, 1917, c. 145, § 22, 39 Stat. 958.) - See §§ 3766, 3767. § 3803i. Transmission of copies of laws to executive department of United States—The GOV- ernor of Porto Rico, within sixty days after the end Of each session of the legislature, shall transmit to the executive department Of the Government of the United States, to be designated as herein provided for, which shall in turn transmit the same to the Con- gress of the United States, copies of all laws enacted during the session. (March 2, 1917, c. 145, § 23, 39 Stat. 958.) - § 3893ii. Governor ad interim—The President may from time to time designate the head Of an ex- ecutive department of Porto Rico to act as governor in the Case Of a vacancy, the temporary removal, res- ignation, or disability of the governor, or his tem- porary absence, and the head Of the department thus designated shall exercise all the powers and perform all the duties of the governor during such vacancy, disability, or absence. (March 2, 1917, c. 145, § 24, 39 Stat. 958.) Soe $ 3763. IEGISLATIVE DEPARTMENT § 3803.j. Legislature; designation of—-All local legislative powers in Porto Rico, except as herein otherwise provided, shall be vested in a legislature which shall COnsist of two houses, One the Senate and the other the house of representatives, and the two houses shall be designated “the Legislature of Porto Rico.” (March 2, 1917, c. 145, § 25, 39 Stat. 958.) See § 3776. . § 3803.jj. Senate; members; election; pow- ers—The Senate Of Porto Rico shall consist Of nine- teen members elected for terms of four years by the qualified electors of Porto Rico. Each of the seven senatorial districts defined as hereinafter provided shall, have the right to elect two senators, and in addition thereto there shall be elected five senators at large. No person shall be a member of the Senate of Porto Rico who is not Over thirty years of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of Porto Rico for at least two consecutive years, and, except in the case of senators at large, an actual resident of the senatorial district from which chosen for a period of at least one year prior to his elec- tion. Except as herein otherwise provided, the Senate of Porto Rico shall exercise all of the purely legis- lative powers and functions heretofore exercised by the Executive Council, including confirmation of ap- pointments; but appointments made while the Senate is not in session shall be effective either until dis- approved or until the next adjournment of the Senate for the session. In electing the five senators at large each elector shall be permitted to vote for but One candidate, and the five candidates receiving the lar- gest number of votes shall be declared elected. (March 2, 1917, c. 145, § 26, 39 Stat. 958.) § 3803.jjj. House of representatives; mem- bers; election—The House of Representatives of least One year prior to his election. Porto Rico shall consist of thirty-nine members elect- ed quadrennially by the qualified electors of POrtO. Rico, as hereinafter provided. Each of the repre- Sentative districts hereinafter provided for shall have the right to elect one representative, and in addition thereto there shall be elected four representatives at large. No person shall be a member of the house of representatives who is not over twenty-five years of age, and Who is not able to read and write either the Spanish or English language, except in the case of representative at large, who has not been a bona fide resident of the district from which elected for at - In electing the four representatives at large, each elector shall be permitted to Vote for but One candidate and the four Candidates receiving the largest number of votes shall be elected. (March 2, 1917, c. 145, § 27, 39 Stat. 959.) See §§ 3776, 3777, 3779. - § 3803}x. Representative and senatorial dis- tricts—For the purpose of elections hereafter to the legislature the island of Porto Rico shall be divided into thirty-five representative, districts, composed of COntiguous and Compact territory and established, so far as practicable, upon the basis of equal population. The division into and the demarcation of such dis- tricts shall be made by the Executive Council of Porto Rico. Division of districts shall be made as nearly as practicable to conform to the topographical nature Of the land, With regard to roads and other means of COmmunication and to natural barriers. Said Execu- tive Council shall also divide the island of Porto Rico into seven senatorial districts, each composed Of five COntiguous and compact representative dis- tricts. They shall make their report within thirty days after the approval of this Act, which report, when approved by the governor, shall be final. (March 2, 1917, c. 145, § 28, 39 Stat. 959.) See § 3777. § 3803]xk. Elections; time of holding; offi- cers elected at; boundaries, districts and munici- palities—The next election in Porto Rico shall be held in the year nineteen hundred and seventeen upon the sixteenth day of July. At Such election there shall be chosen senators, representatives, a Resident Commissioner to the United States, and two public- service commissioners, as herein provided. There- after the elections shall be held On the first Tuesday after the first Monday in November, beginning with the year nineteen hundred and twenty, and every four years thereafter, and the terms of office of all munici- pal officials who have heretofore been elected and Whose terms would otherwise expire at the beginning Of the year nineteen hundred and nineteen are hereby extended until the officials who may be elected to fill Such offices in nineteen hundred and twenty shall have been duly qualified: Provided, however, That nothing herein contained shall be construed to limit the right Of the Legislature of Porto Rico at any time to revise the boundaries of Senatorial and representative dis- tricts and of any municipality, Or to abolish any mu- nicipality and the officers provided therefor. (March 2, 1917, c. 145, § 29, 39 Stat. 959.) § 38031. Term of office of senators and repre- sentatives—The term of office of senators and rep- resentatives chosen by the first general election shall be until January first, nineteen hundred and twenty- One, and the terms of office of Senators and repre- sentatives chosen at Subsequent elections shall be four years from the second of January following their election. In Case Of Vacancy among the members Of the senate or in the house of representatives, special elections may be held in the districts wherein such vacancy OCCurred, under such regulations as may be prescribed by law, but senators or representatives elected in such cases shall hold office only for the un- expired portion of the term wherein the vacancy oc- curred, and no senator or representative shall, during the time for which he shall have been elected, be ap- pointed to any civil office under the government of Ch. 3C) a 3803n THE TERRITORIES AND INSULAR POSSESSIONS [Page 5711 Porto Rico, nor be appointed to any office created by Act of the legislature during the time for which he shall have been elected until two years after his term of Office shall have expired. (March 2, 1917, c. 145, § 30, 39 Stat. 959.) § 3803 ll. Per diem and mileage—Members of the Senate and House of Representatives of Porto Rico shall receive compensation at the rate of $7 per day for the first ninety days of each regular session and $1 per day for each additional day of such Ses- sion while in session, and mileage for each session at the rate of 10 cents per kilometer for each kilometer actually and necessarily traveled in going from their legislative districts to the Capital and therefrom to their place of residence in their districts by the usual routes of travel. (March 2, 1917, c. 145, § 31, 39 Stat. 960.) . § 38031m. Powers; determination of election and qualifications of members—The Senate and house of representatives, respectively, shall be the sole judges of the elections, returns, and qualifica- tions of their members, and they shall have and eXer- cise all the powers with respect to the conduct of their proceedings that usually pertain to parliamen- tary legislative bodies. Both houses shall convene at the capital on the second Monday in February follow- ing the next election, and organize by the election of a Speaker Or a presiding Officer, a clerk, and a Ser- geant at arms for each house, and such other Officers and assistants as may be required. (March 2, 1917, c. 145, § 32, 39 Stat. 960.) See § 3779. § 3803amm. Sessions of legislature–The first regular session of the Legislature of Porto Rico, pro- vided for by this Act, shall convene on the twenty- eighth day after the first election provided for herein, and regular sessions of the legislature shall be held biennially thereafter, convening on the Second Mon- day in February of the year nineteen hundred and nineteen, and on the second Monday in February of each second year thereafter. The governor may call special sessions of the legislature or of the Senate at any time when in his opinion the public interest may require it, but no special session shall Continue long- er than ten days, not including Sundays and holidayS, and no legislation shall be considered at such SeS- sion other than that specified in the Call, and he shall call the Senate in special session at least. Once each year on the second Monday in February of those years in which a regular session of the legislature is not provided for. (March 2, 1917, c. 145, § 33, 39 Stat. 960.) § 38031. Enacting clause of laws; financial Thudget; passage of bills—The enacting Clause of the laws shall be as to acts, “Be it enacted by the Leg- islature of Porto Rico,” and as to joint resolutions, “Be it resolved by the Legislature of Porto Rico.” Except as hereinafter provided, bills and joint resolu- tions may originate in either house. The governor shall submit at the opening of each regular session of the legislature a budget of receipts and expendi- tures, which shall be the basis of the ensuing biennial appropriation bill. No bill shall become a law until it be passed in each house by a majority yea-and-nay vote Of all of the members belonging to such house and entered upon the journal and be approved by the governor within ten days thereafter. If when a bill that has been passed is presented to the governor for his signature he approves the same, he shall sign it; or if not, he shall return it, with his objections, to the house in which it originated, which house shall enter his objections at large On its journal and pro- lf. after such reconsideration, ceed to reconsider it. two-thirds of all the members of that house shall agree to pass the same it shall be sent, together with the objections, to the other house, by which it shall like- wise be reconsidered, and if approved by two-thirds of all the members Of that house it shall be sent to the governor, who, in case he shall then not approve, shall transmit the Same to the President of the United States. The vote of each house shall be by yeas and Inays, and the names of the members voting for and against shall be entered on the journal. If the Presi- dent Of the United States approve the same he shall Sign it and it shall become a law. If he shall not approve Same he shall return it to the governor SO Stating, and it shall not become a law: Provided, That the President of the United States shall ap- prove or disapprove an Act submitted to him under the provisions of this section within ninety days from and after its submission for his approval; and if not approved within such time it shall become a law the Salme as if it had been specifically approved. If any bill presented to the governor contains several items Of appropriation of money, he may object to one or more Of Such items, or any part or parts, portion or portions thereof, while approving of the other portion Of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items. parts Or portions thereof to which he objects, and the appropriation so objected to shall not take effect. If any bill, shall not be returned by the governor Within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it Shall be a law if signed by the governor within thirty days after receipt by him ; otherwise it shall not be a law. All laws enacted by the Legislature of Porto Rico shall be reported to the Congress of the United States, as provided in section twenty-three of this Act, which hereby reserves the power and au- thority to annul the same. If at the termination of any fiscal year the appropriations necessary for the Support of the government for the ensuing fiscal year Shall not have been made, the several sums appro- priated in the last appropriation bills for the ob- jects and purposes therein specified, so far as the Same may be applicable, shall be deemed to be re- appropriated item by item ; and until the legislature shall act in such behalf the treasurer may, with the advice of the governor, make the payments necessary for the purposes aforesaid. Each house shall keep a journal of its proceedings, and may, in its discretion, from time to time publish the same, and the yeas and nays on any question shall, on the demand of one-fifth of the members present, be entered on the journal. The sessions of each house and of the committees of the whole shall be Open. Neither house shall, without the consent of the Oth- er, adjourn for more than three days, nor to any oth- er place than that in which the two houses shall be sitting. NO law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. No act of the legislature except the general ap- propriation bills for the expenses of the government shall take effect until ninety days after its passage, unless in case of emergency (which shall be expressed in the preamble or body of the act) the legislature shall by a vote Of two-thirds of all the members elect- ed to each house otherwise direct. No bill, except the general appropriation bill for the expenses of the government only, introduced in either house of the legislature after the first forty days of the Ses- Sion, shall become a law. NO bill shall be considered Or become a law unless referred to a committee, returned therefrom, and printed for the use of the Imembers: Provided, That either house may by a majority vote discharge a committee from the Consideration of a measure and bring it before the body for consideration. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be ex- 3 3803n. (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 572.] pressed in the title, such act shall be void only as to SO much thereof as shall not be so expressed. No law shall be revived, Or amended, or the provi- Sions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended, Or Conferred shall be re-enacted and published at length. - The presiding Officer of each house shall, in the presence of the house Over which he presides, sign all bills and joint resolutions passed by the legislature, after their titles shall have been publicly read, im- mediately before signing; and the fact of signing Shall be entered on the journal. The legislature shall prescribe by law the number, duties, and compensation of the officers and employees Of each house ; and no payment shall be made for services to the legislature from the treasury, Or be in any Way authorized to any perSon, except to an acting officer or employee elected or appointed in pur- Suance Of law. No bill shall be passed giving any extra compensa- tion to any public Officer, servant Or employee, agent or contractor, after services shall have been rendered Or COIntract made. r Except as otherwise provided in this Act, no law shall extend the term of any public officer, or increase or diminish his salary or emoluments after his elec- tion Or appointment, nor permit any Officer Or em- ployee to draw compensation for more than one office . or position. - All bills for raising revenue shall originate in the house of representatives, but the Senate may propose Or COncur with amendments, as in Case Of Other bills. The general appropriation bill shall embrace noth- ing but appropriations for the ordinary expenses of the executive, legislative, and judicial departments, in- terest. On the public debt, and for public schools. All Other appropriations shall be made by separate bills, each embracing but one subject. Every Order, resolution, or vote to which the con- currence of both houses may be necessary, except on the question of adjournment, or relating solely to the transaction of business of the two houses, shall be presented to the governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. Any person who shall, directly or indirectly, offer, give, or promise any money Or thing of value, testi- monial, privilege, Or personal advantage to any ex- ecutive or judicial Officer or member of the legisla- ture to influence him in the performance of any of his public or official duties, shall be deemed guilty of bribery, and be punished by a fine not exceeding $5,- 000, or imprisonment not exceeding five years, or both. The Offense of Corrupt Solicitation. Of members of the legislature, or of public officers of Porto Rico, or of any municipal division thereof, and any occupa- tion or practice of solicitation of such members or officers to influence their official action, shall be de- fined by law, and shall be punished by fine and im- prisonment. . . In case the available revenues of Porto Rico for any fiscal year, including available surplus in the insular treasury, are insufficient to meet all the appropria- tions made Øy the legislature for such year, such ap- propriations shall be paid in the following order, un- less otherwise directed by the govern Or: First class. The ordinary expenses of the legisla- tive, executive, and judicial departments of the State government, and interest on any public debt, shall first be paid in full. * Second class. Appropriations for all institutions, Such as the penitentiary, insane asylum, industrial school, and the like, where the inmates are confined involuntarily, shall next be paid in full. Third class. Appropriations for education and does not read and Write the English language. educational and charitable institutions shall next be paid in full. - Fourth class. Appropriations for any other officer ºneers, bureaus or boards, shall next be paid in Uill. - Fifth class. Appropriations for all other purposes Shall next be paid. That in case there are not sufficient revenues for any fiscal year, including available surplus in the in- Sular treasury, to meet in full the appropriations of Said year for all of the said classes of appropriations, then Said revenues shall be applied to the classes in the Order above named, and if, after the payment of the prior classes in full, there are not sufficient reve- nues for any fiscal year to pay in full the appropria- tions for that year for the next class, then, in that event, Whatever there may be to apply on account of appropriations for said class shall be distributed among Said appropriations pro rata according as the amount Of each appropriation of that class shall bear to the total amount of all of said appropriations for that class for such fiscal year. No appropriation shall be made, nor any expendi- ture authorized by the legislature, whereby the ex- penditure of the Government of Porto Rico during any fiscal year Shall exceed the total revenue then pro- vided for by law and applicable for such appropria- tion or expenditure, including any available surplus in the treasury, unless the legislature making such appropriation shall provide for levying a sufficient tax to pay such appropriation or expenditure within such fiscal year. (March 2, 1917, c. 145, § 34, 39 Stat. 960.) See § 3780. § 38031ſºn. Qualifications of electors—At the first election held pursuant to this Act the qualified electOrS Shall be those having the qualifications of Voters under the present law. Thereafter voters shall be citizens Of the United States twenty-one years of age or Over and have such additional qualifications as may be prescribed by the legislature of Porto Rico: Provided, That no property qualification shall ever be imposed upon or required of any voter. (March 2, 1917, c. 145, § 35, 39 Stat. 963.) § 38030. Resident commissioner; election— The qualified electors of Porto Rico shall at the next general election Choose a Resident Commissioner to the United States, whose term of office shall begin On the date Of the issuance Of his certificate of elec- tion and shall continue until the fourth of March, nine- teen hundred and twenty-one. At each subsequent election, beginning with the year nineteen hundred and twenty, the qualified electors of Porto Rico shall Choose a Resident Commissioner to the United States, whose term Of Office shall be four years from the fourth of March following such general election, and who shall be entitled to receive Official recognition as such Commissioner by all of the departments of the Government of the United States, upon presentation, through the Department of State, of a certificate of election of the Governor of Porto Rico. The Resident Commissioner shall receive a salary, payable monthly by the United States, of $7,500 per annum. Such Commissioner Shall be allowed the Same Sum for Sta- tionery and for the pay of necessary clerk hire as is now allowed to Members of the House of Representa- tives Of the United States; and he shall be allowed the sum of $500 as mileage for each session of the House of Representatives and the franking privilege granted Members of Congress. No person shall be eligible to election as Resident Commissioner who is not a bona fide citizen of the United States and who is not more than twenty-five years of age, and Who In case of a vacancy in the office of Resident Commis- Sioner by death, resignation, or otherwise, the gov- ernor, by and with the advice and consent of the senate, shall appoint a Resident Commissioner to fill the vacancy, who shall serve until the next general Ch. 3C) 3 3803GQ THE TERRITORIES AND INSULAR POSSESSIONS IPage 573] election and until his successor is elected and quali- fied. (March 2, 1917, c. 145, § 36, 39 Stat. 963.) See §§ 3796, 3797. - § 380300. Legislative power; new executive de- partments—The legislative authority herein provid- ed shall extend to all matters of a legislative chara C- ter not locally inapplicable, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and repeal laws and Ordinances therefor; also the power to alter, amend, modify, or repeal any or all laws and Ordi- nances of every character now in force in Porto Rico or municipality or district thereof in so far as such alteration, amendment, modification, or repeal may be COnsistent with the provisions Of this Act. No executive department not provided for in this Act shall be created by the legislature, but the legis- lature may consolidate departments, or abolish any department, with the consent of the President of the United States. (March 2, 1917, c. 145, § 37, 39 Stat. 964.) . . . - - See § 3781. - § 3803p. Grants of franchises; public service commission, etc.—All grants of franchises, rights, and privileges of a public or quasi public nature Shall be made by a public-service commission, consisting Of the heads of executive departments, the auditor, and two commissioners to be elected by the qualified Voters at the first general election to be held under this Act, and at each subsequent general election thereafter. The terms of said elective commissioners elected at the first general election shall commence on the twen- ty-eighth day following the said general election, and the terms of the said elective commissioners elected at each subsequent general election shall commience on the second day of January following their election ; they shall serve for four years and until their succes- sors are elected and qualified. Their compensation shall be $8 for each day’s attendance on the SessionS. of the commission, but in no case shall they receive more than $400 each during any one year. The said commission is also empowered and directed to dis- charge all the executive functions relating to public- service corporations heretofore Conferred by law upon the executive council. Franchises, rights, and privi- leges granted by the said commission shall not be effective until approved by the governor, and shall be reported to Congress, which hereby reserves the power to annul Or modify the Same. - The interstate-commerce Act and the several amend- ments made or to be made thereto, the safety-appli- ance Acts and the Several amendments made Or to be made thereto, and the Act of Congress entitled “An Act to amend an Act entitled “An Act to regulate commerce,’ approved February fourth, eighteen hun- dred and eighty-seven, and all Acts amendatory there- of, by providing for a valuation of the several classes of property of carriers subject thereto and securing in- formation concerning their stocks, bonds, and other Se- Curities,” approved March first, nineteen hundred and thirteen, shall not apply to Porto Rico. The Legislative Assembly of Porto Rico is hereby authorized to enact laws relating to the regulation of the rates, tariffs, and service of public carriers by rail in Porto Rico, and the Public-Service Commission hereby created shall have power to enforce such laws under appropriate regulation. (March 2, 1917, c. 145, § 38, 39 Stat. 964.) - . See §§ 3781, 3782. § 3803 pp. Special provisions in franchises; corporate real-estate holdings—All grants of fran- Chises and privileges under the section last preceding Shall provide that the same shall be subject to amend- ment, alteration, or repeal, and shall forbid the issue of Stocks or bonds except in exchange for actual cash or property at a fair valuation to be determined by the public-service commission equal in amount to the par Value of the stocks or bonds issued, and shall for- bid the declaring of stock or bond dividends, and in the United States. the case of public-service corporations shall provide for the effective regulation of charges thereof and for the purchase or taking of their property by the all-. thorities at a fair and reasonable valuation. That nothing. in this Act contained shall be so con- Strued as to abrogate or in any manner impair or af- fect the provision contained in section three of the joint resolution approved May first, nineteen hundred, with respect to the buying, selling, or holding of real eState. That the Governor Of Porto Rico shall cause to have made and submitted to Congress at the ses- Sion beginning the first Monday in December, nine- teen hundred and seventeen, a report Of all the real estate used for the purposes of agriculture and held either directly or indirectly by Corporations, partner- ships, or individuals in holdings in excess of five hun- dred acres. (March 2, 1917, c. 145, § 39, 39 Stat. 964.) See § 3783. - JUDICIAL DEPARTMENT § 38.034. Existing courts continued; chief justice and associate justices of Supreme Court— The judicial power shall be vested in the courts and tribunals of Porto Rico now established and in Opera- tion under and by virtue of existing laws. The juris- diction of said COUrts and the form of procedure in them, and the various officers and attachés thereof, Shall also continue to be as now provided until other- Wise provided by law: Provided, however, That the chief justice and associate justices of the supreme Court shall be appointed by the President, by and With the advice and Consent of the Senate of the Unit- ed States, and the Legislature of Porto Rico shall have authority, from time to time as it may see fit, not in- COnsistent with this Act, to organize, modify, or re- arrange the courts and their jurisdiction and proce- dure, except the District Court of the United States for Porto Rico. (March 2, 1917, c. 145, § 40, 39 Stat. 965.) See § 3784. § 3803gg. District of Porto Rico; officers— Porto Rico shall constitute a judicial district to be Called “the district of Porto Rico.” The President, by and With the advice and consent of the Senate, shall appoint One district judge, who shall serve for a term Of four years and ſuntil his successor is appointed and Qualified and whose salary shall be $5,000 per annum. There shall be appointed in like manner a district at- torney, whose salary shall be $4,000 per annum, and a marshal for said district, whose salary shall be $3,500 per annum, each for a term of four years unless soon- er removed by the President. The district Court for said district shall be called “the District Court of the United States for Porto Rico,” and shall have pOWer to appoint all necessary Officials and assist- ants, including the clerk, interpreter, and such Com- missioners as may be necessary, who shall be entitled to the same fees and have like powers and duties as are exercised and performed by United States Commis- Sioners. Such district court shall have jurisdiction Of all cases cognizable in the district Courts of the United States, and shall proceed in the same manner. In addition said district Court shall have jurisdiction for the naturalization of aliens and Porto Ricans, and for this purpose residence in Porto Rico shall be Counted in the same manner as residence elsewhere in Said district COUrt shall have ju- risdiction of all controversies where all of the parties . On either side of the Controversy are citizens or Sub- jects of a foreign State or States, or citizens of a State, Territory, or District of the United States not domiciled in Porto Rico, wherein the matter in dispute exceeds, exclusive of interest or Cost, the sum or Value of $3,000, and of all controversies in which there is a separable controversy involving such jurisdiction- al amount and in which all of the parties On either side of such separable controversy are citizens or sub- jects Of the character aforesaid: Provided, That noth- ing in this Act shall be deemed to impair the jurisdic- tion of the District Court of the United States for Por- ź .380304 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS to Rico to hear and determine all controversies pend- ing in Said Court at the date of the approval of this Act. Upon the taking effect of this Act the salaries of the judge and officials of the District Court of the |United States for Porto Rico, together with the court expenses, shall be paid from the United States reve- nues in the same manner as in other United States district courts. In case of vacancy or of the death, absence, or other legal disability on the part of the judge of the said District Court of the United States for Porto Rico, the President of the United States is authorized to designate one of the judges. Of the Su- preme Court of Porto Rico to discharge the duties of judge of said court until such absence or disability Shall be removed, and thereupon such judge so desig- nated for said service shall be fully authorized and em- powered to perform the duties Of said office during Such absence or disability of such regular judge, and to sign all necessary papers and records as the acting judge of said court without extra compensation. (March 2, 1917, c. 145, § 41, 39 Stat. 965.) - See §§ 3785, 3786. - § 3803r. Appeals; removal of causes; writs of error; certiorari; terms of district court; use of English language—The laws of the United States relating to appeals, writs of error and certio- rari, removal of causes, and other matters or proceed- ings as between the courts of the United States and the courts of the several States shall govern in Such matters and proceedings as between the district Court Of the United States and the Courts Of POrto Rico. Regular terms of said United States district Court shall be held at San Juan, commencing on the first Monday in May and November of each year, and also at Ponce on the second Monday in February of each year, and special terms may be held at Mayaguez at such stated times as said Judge may deem expedient. All pleadings and proceedings in said court Shall be conducted in the English language. The said district court shall be attached to and included in the first Cir- cuit of the United States, with the right of appeal and review by said circuit court of appeals in all cases where the same would lie from any district Court to a circuit court of appeals of the United States, and with the right of appeal and review directly by the Supreme Court of the United States in all cases where a direct appeal would be from such district courts. (March 2, 1917, c. 145, § 42, 39 Stat. 966.) - See § 3791. § 3803rr. Writs of error and appeals—Writs of error and appeals from the final judgments and decrees of the Supreme Court of Porto Rico may be taken and prosecuted to the Circuit Court of Appeals for the First Circuit and to the Supreme Court Of the United States, as now provided by law. (March 2, 1917, c. 145, § 43, 39 Stat. 966.) - § 3803s. Juries in district court—The qualifi- Cations of jurors as fixed by the local laws of Porto Rico shall not apply to jurors selected to serve in the District Court of the United States for Porto Rico; but the qualifications required of jurors in said court Shall be that each shall be Of the age of not less than twenty-one years and not over sixty-five years, a resi- dent of Porto Rico for not less than One year, and have a sufficient knowledge Of the English language to enable him to Serve as a juror; they shall also be citizens Of the United States. Juries for the said court shall be selected, drawn and subject to exemp- tion in a CCOrdance with the laws of Congress regu- lating the same in the United States courts in so far as locally applicable. (March 2, 1917, c. 145, § 44, 39 Stat. 966.) - See § 3788. § 3803ss. Fees part of United States revenues —All such fees, fines, costs, and forfeitures as would be deposited to the credit of the United States if col- lected and paid into a district court of the United States Shall become revenueS. Of the United States when collected and paid into the District Court of the United States for Porto Rico: , Provided, That [Page 5741 and returning from said courts. $500 a year from such fees, fines, costs, and forfei- tures shall be retained by the clerk and expended for law library purposes under the direction of the judge. (March 2, 1917, c. 145, § 45, 39 Stat. 966.) See § 3789. - § 3803t. Salaries of district court officials— The Attorney General of the United States shall from time to time determine the Salaries of all officials and . assistants appointed by the United States dis- trict court, including the clerk, his deputies, interpret- er, stenographer, and other officials and employees, the same to be paid by the United States as Other sal- aries and expenses of like character in United States courts. (March 2, 1917, c. 145, § 46, 39 Stat. 966.) See §§ 3792, 3793. - - § 3803.tt. Fees and mileage of jurors and wit- nesses—Jurors and witnesses in the District Court of the United States for Porto Rico Shall be entitled to and receive 15 Cents for each mile necessarily travel- ed Over any stage line or by private conveyance and 10 cents for each mile over any railway in going to But no constructive Or double mileage fees shall be allowed by reason of any person being Summoned both as witness and juror Or as witness in two or more cases pending in the Same Court and triable at the same term thereof. Such jurors shall be paid $3 per day and such Wit- nesses $1.50 per day while in attendance upon the court. (March 2, 1917, c. 145, § 47, 39 Stat. 967.) See § 3790. § 3803u. Habeas corpus—The supreme and dis- trict courts of Porto Rico and the respective judges thereof may grant Writs Of habeas Corpus in all cases in which the same are grantable by the judges of the district Courts Of the United States, and the district courts may grant writs of mandamus in all proper cas- es. (March 2, 1917, c. 145, § 48, 39 Stat. 967.) § 3803ulu. Appointment of judges, marshals and secretaries—Hereafter all judges, marshals, and Secretaries of Courts now established or that may here- after be established in Porto Rico, and whose appoint- ment by the President is not provided for by law, shall be appointed by the governor, by and with the advice and consent of the Senate of Porto Rico. (March 2, 1917, c. 145, § 49, 39 Stat. 967.) - MISCELLANEOUS PROVISIONS - § 3803v. Salaries of officials—Except as in this Act otherwise provided, the salaries of all the officials of Porto Rico not appointed by the President, includ- ing deputies, assistants, and other help, shall be such and be so paid out of the revenues of Porto Rico as shall from time to time be determined by the Legis- lature of Porto Rico and approved by the governor; and if the legislature shall fail to make an appropria- tion for such salaries, the salaries theretofore fixed shall be paid without the necessity of further ap- propriations therefor. The salaries of all officers and all expenses of the Offices Of the Various officials of Porto Rico appointed as herein provided by the Presi- dent shall also be paid out of the revenues of Porto Rico on warrant of the auditor, countersigned by the governor. The annual salaries of the following-named officials appointed by the President and so to be paid shall be: The governor, $10,000; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of Porto Rico, with the furniture and effects therein, free of rental; heads of executive departments, $5,000; chief justice Of the Supreme Court, $6,500; associate justices of the Supreme COurt, $5,500 each. - - Where any officer whose salary is fixed by this act is required to give a bond, the premium thereof shall be paid from the insular treasury. (March 2, 1917, c. 145, § 50, 39 Stat. 967.) - . - See §§ 3792, 3793. - . . " § 3803v.v. Municipal expenses payable from municipal revenues—The provisions Of the forego- ing section shall not apply to municipal officials; their salaries and the compensation of their deputies, as- Ch. 3D) ź 38032 THE TERRITORIES AND INSULAR POSSESSIONS [Page 575] Sistants, and other help, as well as all other expenses incurred by the municipalities, shall be paid out of the municipal revenues, in such manner as the leg- islature shall provide. (March 2, 1917, c. 145, § 51, 39 Stat. 967.) See § 3794. § 3803w. Present incumbents of offices con- tinued; offices abolished—Wherever in this act of fices of the insular government of Porto Rico are provided for under the same names as in the here- tofore existing Acts of Congress affecting Porto Rico, the present incumbents of those offices shall continue in Office in accordance with the terms and at the Salaries prescribed by this Act, excepting the heads Of those departments who are to be appointed by the governor and who shall continue in office only until their successors are appointed and have quali- fied. The offices of secretary of Porto Rico and di- rector of labor, charities, and correction are hereby abolished. Authority is given to the respective ap- pointing authorities to appoint and commission per- Sons to fill the new offices created by this Act. (March 2, 1917, c. 145, § 52, 39 Stat. 967.) See §§ 3766-3768. § 3803ww. Transfer of bureaus or offices—Any bureau or office belonging to any of the regular de- partments of the government, or hereafter Created, Or not assigned, may be transferred or assigned to any department by the governor with the approval of the Senate of Porto Rico. (March 2, 1917, c. 145, § 53, 39 Stat. 968.) § 3803x. Acknowledgment of deeds—Deeds and other instruments affecting land situate in the DiS- trict of Columbia, or any other territory or possession of the United States, may be acknowledged in Porto Rico before any notary public appointed therein by proper authority, or any officer therein who has eX officio the powers of a notary public: Provided, That the certificate by Such notary shall be accompanied by the certificate Of the executive secretary Of POrto Rico to the effect that the notary taking such acknowl- edgment is in fact such notarial officer. (March 2, 1917, c. 145, § 54, 39 Stat. 968.) § 3803xx. Jurisdiction of existing courts con- tinued—Nothing in this Act shall be deemed to im- pair or interrupt the jurisdiction of existing courts over matters pending therein upon the approval of this Act, which jurisdiction is in all respects hereby continued, the purpose of this Act being to preserve the integrity of all of said courts and their juris- diction until otherwise provided by law, except as in this Act otherwise specifically provided. (March 2, 1917, c. 145, § 55, 39 Stat. 968.) § 3803 y. Time of taking effect of act; tempo- rary appointments to office—This Act shall take ef- fect upon approval, but until its provisions shall Sev- erally become operative, as hereinbefore provided, the corresponding legislative and executive functions of the government in Porto Rico shall continue to be exercised and in full force and Operation as now pro- vided by law; and the Executive Council shall, until the assembly and Organization of the Legislature of Porto Rico as herein provided, consist of the attorney general, the treasurer, the Commissioner of the in- terior, the commissioner of education, the Commission- er of health, and the commissioner of agriculture and labor, and the five additional members as now provided by law. And any functions assigned to the Senate of Porto Rico by the provisions of this Act shall, until this said senate has assembled and or- ganized as herein provided, be exercised by the Ex- ecutive Council as thus constituted: Provided, how- ever, That all appointments made by the governor, by and With the advice and Consent Of the Executive Council as thus constituted, in the Executive Coun- cil as authorized by Section thirteen Of this Act Or in the Office of Executive Secretary of Porto Rico, shall be regarded as temporary and shall expire not later than twenty days from and after the assembly and Organization of the legislature hereinbefore pro- Vided, unless said appointments shall be ratified and Imade permanent by the said Senate of Porto Rico. (March 2, 1917, c. 145, § 56, 39 Stat. 968.) § 3803yy. Existing laws continued in force— The laws and ordinances of Porto Rico now in force Shall Continue in force and effect, except as altered, amended, Or modified herein, until altered, amended, or repealed by the legislative authority herein pro- Vided for Porto Rico or by Act of Congress of the United States; and such legislative authority shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law. Or Ordinance, civil or criminal, continued in force by this Act as it may from time to time see fit. (March 2, 1917, c. 145, § 57, 39 Stat. 968.) See § 3763. § 38032. Same—All laws or parts of laws ap- plicable to Porto Rico not in conflict with any of the provisions of this Act, including the laws relating to tariffs, Customs, and duties on importations into Porto Rico prescribed by the Act of Congress entitled “An Act temporarily to provide revenues and a civil gov- ernment for Porto Rico, and for other purposes,” ap- proved April twelfth, nineteen hundred, are hereby Continued in effect, and all laws and parts of laws inCOInSistent With the provisions of this Act are here- by fºrmed (March 2, 1917, c. 145, § 58, 39 Stat. 968 Chapter Three D–The Philippine Is- lands The Philippine Islands were ceded to the United States by Spain by the Treaty of Dec. 10, 1898, 30 Stat. 1754. All military, civil and judicial powers, necessary to gov- ern the islands, until Congress should otherwise provide, Were vested in such person and persons, and were to be exercised in such manner, as the President should di- rect, by provisions of Act March 2, 1901, c. 803, 31 Stat. 910. Such powers were exercised by the United States Philippine Commission established by the President, and by a Civil Governor and Vice Governor appointed by him. Provisions temporarily to provide revenue for the islands were made by Act March 8, 1902, c. 140, 32 Stat. 54, and a temporary civil government was established by Act July 1, 1902, c. 1369, 32 Stat. 691, which was amended by . Act Feb. 6, 1905, c. 453, 33 Stat. 689. A more autonomous form of government was provided by Act Aug. 29, 1916, c. 416, 39 Stat., which superseded many of the provisions of the earlier government acts. This chapter includes the provisions of said Philippine Revenue Act and Philip- pine Government Acts and of other subsequent acts amend- atory thereof or otherwise relating to the same subjects, general and permanent in their nature, which remain in force and applicable to said islands. The acts establish- ing a local tariff for the Philippine Islands, Act . March 8, 1902, c. 140, §§ 1–5, 32 Stat. 54, Act, March 3, 1905, 9. 1408, 33 Stat. 928, Act Feb. 26, 1906, c. 509, 34 Stat. 24, and Act Aug. 5, 1909, c. 8, 36 Stat. 130, are omitted, as are other acts local in their nature merely: Sec. - 3804. Establishment of civil government ratified. 3804a. Meaning of term “The Philippines.” 3804b. Certain expenses paid by Philippine government. 3804c. Application of statutory law of United States. 3804d. Continuing force of Philippine laws. 3804e. Amendment of laws. 3804f. Other laws continued in force. 3805–3807. [Superseded.] 3808. Commercial intercourse during in Surrection. 3809. Philippine citizenship. 3810. Bill of rights and restrictions for Islands. 3811. Evidence of treaSOn. 3812. Grant of legislative power. 38.12a. Trade relations governed by CongreSS; migration, currency and coinage. tariff acts; im indebted- 38.12b. Export duties; franchises and privileges; IlêSS. 3813. Legislature, how constituted. 3814. Election; tenure and qualifications; Senators. 3814a. Same; members of House. 3814b. Qualifications of voters. 3814c. Senatorial and Representative districts; first election. 38.14d. Terms of Office of Senators and Representatives. 3814e. Organization of Senate and House; sessions. 3814f. Enactment of laws; approval of acts; Vetoes. 3815. Resident commissioners; compensation. 3816. [Superseded.] 3817. Same; salaries. 3817a. Governor General; powers and duties. & 3804 THE TERRITORIES AND INSULAR POSSESSIONS - (Tit. 23 IPage 5761 Sec. - Sec. **. - 3817b. Executive departments; Commission discontinued. 3891. Devices and inscriptions. Q} • 3817c. Vice governor; department of public instruction. 3892. Redemption and reissue of worn or defective coins. 3817d. Auditor; deputy and assistant. 3893. Gold peso ; unit of Value; legal tender. 3817e. Same; appeals. 3894. Silver peso. - 3818. Supreme court; Municipal courts; justices of supreme 3895. Same; legal tender. - court. 3896. Same; purchase of silver bullion; recoinage; legal 38.18a. Salaries of officers. tender. . 3818b. Same; municipal officers. 3897. Application of previous provisions to coinage author- 3819. Compensation of supreme court justices; temporary jus- - tice. - - 3820. Special term of Supreme Court. . Improvement of harbors and navigable waters. 3822. Nonmilitary property transferred; grants of property. 3823. Classification of public lands; disposition. . . Perfecting titles of claimants from Spain; native Occupants. 3825. Grant of lands, other than timber or mineral lands. 3826. Rights of settlers and native occupants. 3827. Preservation of forests; revenues from public lands. 3828. Forest laws and regulations; lands reserved to be agri- cultural. 3829. Water rights; rules and regulations. patents to MINERAL LANDS 3830. Reservation from sale. - 3831. Purchase of deposits and lands; lands entered as agri- cultural when minerals are found thereon. 3832. Mineral claims; location. - 3833. Same; marking. - Same; marking location line and discovery post. 3835. Same; moving of posts. - 3836. Same; location line to govern direction. 3837. Same; rights to minerals; extralateral rights. 3838. Same; recording full size claim. 3839. Same; recording fractional claim. Same; marking claim where impossible to mark loca- tion line. - 3841. Same; recording. Same; priority of location to determine title. 3843. Same; more than one claim on same lode. 3844. Same; abandonment. 3845. Same; proofs of citizenship. 3846. Mining regulations; annual labor. 3847. Patents for mineral claims. Proof of citizenship of non-residents. 3849. Adverse claims. 3850. Reference to public surveys. 3851. Placer claims; building stone lands. 3852. Same; petroleum lands. * 3853. Same; limit of area. . Same; On Surveyed and unsurveyed lands. 3855. Same; right to patent; prior liens. 3856. Deputy mineral surveyors; expenses of survey. 3857. Making verifications and taking testimony and proofs. 3858. Patents for non-mineral lands adjacent to claim. 3859. Rules for working mines, easements, etc., sale; bond of deputy surveyor. Water rights confirmed; ditches and canals. 3861. Fº subject to vested water, ditch, and reservoir TightS. - 3862. Land districts. 3863. Coal lands; entry. 3864. Same; preference right. 3865. Same; declaratory statement of preference right. 3866. Same; one entry allowed. 3867. Same; conflicting claims. 3868. Saline lands; sales at auction. 3869. Mineral lands reserved. Prior mining concessions. 3871. Mining rights acquired only under act. 3872. Cancellation of perfected concessions. AUTHORITY FOR THE PEHILIPPINE ISLANDS GOVERNMENT TO PURCHASE I, AND'S OF RELIGIOUS ORDERS AND OTHERS AND ISSUE BONDS FOR PURCHASE PRICE 3873. Authority to acquire real and personal property; demnation. COIl- 3874. Acquisition of property of religious orders. 3875. Same; sale or lease of lands acquired. MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS 3876. Indebtedness for improvements; bonds. 3877. Denominations of bonds. 3878. Use of funds from sale of bonds. 3879. Taxes to pay bonds; sinking fund. 3880. Bonds for sewers and water supply in Manila. 3881. Same; denomination; maturity. 3882. Same; use of funds from sale. 3883. Same; taxes and sinking fund for payment. FRANCHISES .. 3884. Franchises; compensation for property taken or dam- aged. 3885. Corporations not to engage in real estate business; own- ership of real estate restricted. [COINAGE AND CURRENCY] 3886. Mint at Manila. 3887. Subsidiary silver coins. 3888. Minor coins; legal tender. 3889. Purchase of metal. 3890. Place of coinage. ized; parity between silver and gold peso. 3898. Silver coins previously in use receivable for public dues. 3899. Silver peso; silver certificates. 3900. Same; purchase of metal. 3901. Same; place of coinage. - 3902. Same; devices and inscriptions, 3903. Drawings, designs, and plates. ... ' 3904. Change in weight and fineness of silver coins. 3905. Shipping, customs duties, seamen, health laws. 3906. [Superseded.] - - . . 3907. Government bonds; exemption from taxation. 3908. Same; issue for public improvements. - - 3909. Guarantee of railroad bonds; contract of guaranty. 3910. Railroad material admitted free of duty. 3911. Administration of immigration laws. 3912. Temporary regulation of transportation of merchandise and passengers. - 3913. Restrictions of transportation of passengers and mer- chandise not applicable to certain foreign vessels. 3914. Licenses to certain vessels. - 3915. Administration of navigation laws. § 3804. Establishment of civil government ratified—The action of the President of the United States in Creating the Philippine Commission and authorizing Said Commission to exercise the powers Of government to the extent and in the manner and form and subject to the regulation and control set forth in the instructions of the President to the Philippine Commission, dated April seventh, nineteen hundred, and in creating the offices of civil governor and Vice-governor of the Philippine Islands, and authorizing said civil governor and vice-governor to exercise the powers of government to the extent and in the manner and form set forth in the Executive Order dated June twenty-first, nineteen hundred and One, and in establishing four executive departments, Of government in said Islands as set forth in the Act of the Philippine Commission, entitled “An Act providing an organization for the departments of the interior, of commerce and police, of finance, and justice, and of public instruction,” enacted September sixth, nineteen hundred and one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said Islands shall continue to be governed as thereby and herein provided, and all laws passed hereafter by the Philippine Commission shall have an enacting clause as follows: “By authority of the United States be it enacted by the Philippine Com- mission.” The provisions of section eighteen hundred and ninety-One of the Revised Statutes of eighteen hundred and seventy-eight shall not apply to the Philippine Islands. Future appointments of civil governor, vice-govern- or, members of said Commission and heads of execu- tive departments shall be made by the President, by and with the advice and consent of the Senate. (July 1, 1902, c. 1369, § 1, 32 Stat. 691.) § 3804.a. Meaning of term “The Philippines” —The provisions of this Act and the name “The Philippines” as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace Concluded between the United States and Spain. On the eleventh day of April, eighteen hundred and ninety-nine, the boundaries Of which are Set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States Con- cluded at Washington on the seventh day of Novem- ber, nineteen hundred. . (Aug. 29, 1916, c. 416, § 1, 39 Stat. 545.) - § 3804b. Certain expenses paid by Philippine government—All expenses that may be incurred on account of the Government of the Philippines for Salaries Of Officials and the conduct Of their Offices and departments, and all expenses and obligations contracted for the internal improvement or develop- Ch. 3D) # 8810 THE TERRITORIES AND INSULAR POSSESSIONS [Page 577] ment of the islands, not, however, including defenses, barracks, and other works undertaken by the United States, shall, except as otherwise specifically provided by the Congress, be paid by the Government of the Philippines. § 3804c. Application of statutory law of tunited States—The statutory laws of the United States hereafter enacted shall not apply to the Philip- pine Islands, except when they specifically so pro- Vide, Or it is so provided in this Act. (Aug. 29, 1916, c. 416, § 5, 39 Stat. 547.) § 3804d. Continuing force of Philippine Iaws —The laws now in force in the Philippines shall con- tinue in force and effect, except as altered, amended, Or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by Act of Congress of the United States. (Aug. 29, 1916, c. 416, § 6, 39 Stat. 547.) § 3804e. Amendment of laws—The legislative authority herein provided shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law, civil or Criminal, continued in force by this Act as it may from time to time see fit. - . This power shall specifically extend with the limi- tation herein provided as to the tariff to all laws relating to revenue and taxation in effect in the Philippines. (Aug. 29, 1916, c. 416, § 7, 39 Stat. 547.) § 3804f. Other laws continued in force--All laws or parts of laws applicable to the Philippines not in Conflict with any of the provisions of this Act are hereby continued in force and effect. 1916, c. 416, § 31, 39 Stat. 566.) §§ 3805–3807. [Superseded.] Section 3805 provided that the civil governor of the Philippine Islands should thereafter be known as the governor-general of the Philippine Islands. It was super- Seded by § 3817a. Section 3806 provided for the appoint- ment of an additional member of the Philippine Commis- Sion. It was superseded by the discontinuance of the commission by § 3817b. Section 3807 authorized the Pres- ident to create a new executive department of the Philip- pine Government. It was superseded by § 3817b. § 3808. Commercial intercourse during instir- rection—The President Of the United States, during . Such time as and whenever the SOVereignty and au- thority of the United States encounter armed re- sistance in the Philippine Islands, until otherwise provided by Congress, shall Continue to regulate and Control Commercial intercourse with and within said Islands by such general rules and regulations as he, in his discretion, may deem most conducive to the pub- lic interests and the general welfare. (July 1, 1902, c. 1369, § 3, 32 Stat. 692.) - - § 3809. Philippine citizenship—All inhabitants of the Philippine Islands who were Spanish subjects On the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens Of the Philippine Islands, ex- Cept Such as shall have elected to preserve their al- legiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such Others as have since become citizens of some other country: Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such Other persons residing in the Philippine Islands who are citizens of the United States, or who could be- COme citizens of the United States under the laws of the United States if residing therein. (Aug. 29, 1916, c. 416, § 2, 39 Stat. 546.) § 3810. Bill of Rights and restrictions for Islands–No law shall be enacted in said islands COMP. ST.’18—37 (Aug. 29, 1916, c. 416, § 4, 39 Stat. 547.) (Aug. 29, which shall deprive any person of life, liberty, or prop- erty Without due process of law, or deny to any per- SOn therein the equal protection of the laws. Private property shall not be taken for public use without just COmpensation. That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the Witnesses face to face, and to have com- DulSOry process to Compel the attendance of witnesses in his behalf. - That no person shall be held to answer for a crim- inal offense without due process of law; and no per- SOn for the same Offense shall be twice put in jeopardy Of punishment, nor shall be compelled in any Crimi- nal case to be a witness against himself. That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses. That no law impairing the obligation of Contracts shall be enacted. - . That no person shall be imprisoned for debt. That the privilege of the writ of habeas Corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may re- quire it, in either of which events the same may be suspended by the President, or by the Governor Gen- eral, wherever during such period the necessity for Such Suspension shall exist. . . That no ex post facto law or bill of attainder Shall be enacted nor shall the law of primogeniture ever be in force in the Philippines. That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State. - That excessive bail shall not be required, nor exCeS- sive fines imposed, nor cruel and unusual punishment inflicted. . • . That the right to be secure against unreasonable Searches and seizures Shall not be violated. That slavery shall not exist in said islands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted. That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. That no law shall be made respecting an establish- ment of religion Or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimina- tion or preference, shall forever be allowed ; and no religious test shall be required for the exercise Of civ- il or political rights. No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support Of any Sect, Church, denomination, sectarian institu- tion, or System of religion, or for the use, benefit, or support of any priest, preacher, minister, or other re- ligious teacher or dignitary as such. Contracting of polygamous Or plural marriages hereafter is prohib- ited. That no law shall be construed to permit polyg- amous or plural marriages. - That no money shall be paid out of the treasury eXcept in pursuance of an appropriation by law. That the rule of taxation in said islands shall be uniform. - That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill. That no Warrant shall issue but upon probable cause, supported by oath or affirmation, and partic- ularly describing the place to be searched and the person Or things to be seized. 3 3810 THE TERRITORIES AND INSULAR POSSESSIONS (Tit. 23 - - [Page 578] - That all money collected on any tax levied, or as- § 3814. Election; tenure and qualifications; sessed for a special purpose shall be treated as a Senators—The members of the Senate of the Philip- special fund in the treasury and paid out for such pines, except as herein provided, shall be elected for purpose only. (Aug. 29, 1916, c. 416, § 3, 39 Stat. 546.) terms of six and three years, as hereinafter provided, § 3811. Evidence of treason—No person in the by the qualified electors ºf the Philippines. Each Philippine Islands shall, under the authority of the of the Senatorial districts defined as hereinafter pro- United States, be convicted of treason by any tribu- Vided Shall have the right to elect two Senators. No nai, civil or military, unless on the testimony of two persºn, shall be an elective member of the Senate of witnesses to the same overt act, or on confession in the Philippines Who is not a qualified elector and over open court. (March 8, 1902, c. 140, § 9, 32 Stat. 55.) thirty years Of age, and Who is not able to read and § 3.812. Grant of legislative power—General write either the Spanish or English language, and legislative power, except as otherwise herein provided, Y.ho has not been a resident of the Philippines for at is hereby granted to the Philippine Legislature, all- east two consecutive years and an actual resident thorized by this Act. (Aug. 29, 1916, c. 416, § 8, 89 of the senatorial district from which chosen for a Stat. 547.) * ~, - period of at least one year immediately prior to his § s siza. Trade relations governed by Con- election. (Aug. 29, 1916, c. 416, § 13, 39 Stat. *9) - gress; tariff acts; immigration, currency and b s *:::: Same; members of House—The mem- coinage—While this Act provides that the Philippine ers, o the house of representatives shall, except, as government shall have the authority to enact a tariff herein provided, be elected triennially by the qualified iaw the trade relations between the islands and the electors of the Philippines. Each of the representa- United States shall continue to be governed exclusive- tive districts hereinafter provided for shall have the ly by laws of the Congr ess of the United States: Pro- right to elect One representative. No person shall be vided, That tariff acts or acts amendatory to the tariff 3.13. elective member of the house of representatives of the Philippine Islands shall not become law until * IS *::: º º and over twenty-five ; ºney hairºe the approval of the President of the º.º.º.º.º.º...”..."..."...". United States, nor shall any act of the Philippine Leg- b e Spanish Or English language. and Who as no islature affecting immigration or the currency or €61) all] actual resident of the district from which coinage laws of the Philippines become a law until it º #. at least d. † *. pººr tº: has been approved by the President of the United is election: Prºvided. That the members, 9 e States: Provided further, That the President Shall present assembly elected On the first Tuesday in June, approve or disapprove any act mentioned in the fore- nineteen hundred and sixteen, shall be the members of oing proviso within six months from and after its the house of representatives from their respective dis; sº and submission for his approval, and if | * for the term expiring in nineteen hundred and ºpºd within such time it shali become a | *.*.*.*. 29, 1916, c. 416, § 14, 39 Stat. 549.) - - if it ha ~~~~. ificall Jproved. § 3814b. Qualifications of voters—At the first łº, *; º ić. *. §§º ; y approV election held pursuant to this act, the qualified elec- 3 * 5 3. º y 3. º - * - © • tors shall be those having the qualifications of voters § 38.12b. Export duties; franchises, and privº under the present law; thereafter and until other- ileges; indebtedness—No export duties shall be ley | wise provided by the Philippine Legislature herein pro- ied or collected on exports from the Philippine Islands, vided for the qualifications of voters for senators and but taxes and assessments on property, and license representatives in the Philippines and all officers fees for franchises, and privileges, and internal taxes, elected by the people shall be as follows: - direct or indirect, may be imposed for the purposes Every male person who is not a citizen or Subject of the Philippine government and the provincial and of a foreign power twenty-One years of age or Over (ex- municipal governments thereof, respectively, as may cept insane and feeble-minded persons and those con- be provided and defined by acts of the Philippine Leg, victed in a court of competent jurisdiction of an in- islature, and, where necessary to anticipate taxes and famous offense since the thirteenth day of August, revenues, bonds and other obligations may be issued eighteen hundred and ninety-eight), who shall have by the Philippine government or any provincial, 9; been a resident of the Philippines for one year and of municipal government therein, as may be provided the municipality in which he shall offer to vote for by law and to protect the public Credit: Provided, six months next preceding the day of voting, and who however, That the entire indebtedness of the Philip- is comprised within One Of the following classes: pine government Created by the authority. Conferred (a) Those who under existing law are legal Voters herein shall not exceed at any one time the sum of and have exercised the right of suffrage. $15,000,000, exclusive of those obligations known as (b) Those who own real property to the value of friar land bonds, nor that of any Province or munici- || 500 pesos, or who annually pay 30 pesos or more of pality a sum in excess of seven per centum of the the established taxes. aggregate tax valuation of its property at. any one (c) Those who are able to read and write either time. (Aug. 29, 1916, c. 416, § 11, 39 Stat. 548.) Spanish, English, or a native language. (Aug. 29, . § 3813. Legislature, how constituted—General 1916, c. 416, § 15, 39 Stat. 549.) - - legislative powers in the Philippines, except as herein § 3814e. Senatorial and Representative dis- otherwise provided, shall be vested in a legislature tricts; first election—The Philippine Islands shall which shali consist of two houses, one the Senate and be divided into twelve senate districts, as follows: the other the house of representatives, and the two First district: Batanes, Cagayan, Isabela, Ilocos houses shall be designated “The Philippine Legisla- Norte, and Ilocos Sur. ture”: Provided, That until the Philippine Legisla- Second district: La Union, Pangasinan, and Zam- ture as herein provided shall have been Organized the bales. existing Philippine Legislature shall have all legis- Third district: Tarlac, Nueva Ecija, Pampanga, lative authority herein granted to the government of and Bulacan. : - - - the Philippine Islands, except such as may nOW be Fourth district: Bataan, Rizal, Manila, and La- within the exclusive jurisdiction of the Philippine gulla. Commission, which is so continued until the Organ- Fifth district: Batangas, Mindoro, Tayabas, and ization of the legislature herein provided for the Cavite. - Philippines. When the Philippine Legislature shall Sixth district: Sorsogon, Albay, and Ambos Cama- have been organized, the exclusive legislative juris- rines. diction and authority exercised by the Philippine Seventh district: Iloilo and Capiz. Commission shall thereafter be exercised by the Phil- Eighth district: Negros Occidental, Negros Orien- ippine Legislature. (Aug. 29, 1916, . c. 416, § 12, 39 || tal, Antique, and Palawan. Stat. 548.) - Ninth district: Leyte and Samar. Ch. 3D) # 8814f THE TERRITORIES AND INSULAR PossESSIONs IPage 579 I Tenth district: Cebu. Eleventh district: Surigao, Misamis, and Bohol. Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Department of Mindanao and Sulu. - - The representative districts shall be the eighty-One now provided by law, and three in the Mountain Province, one in Nueva Vizcaya, and five in the De- partment of Mindanao and Sulu. The first election under the provisions of this Act shall be held on the first Tuesday of October, nine- teen hundred and sixteen, unless the Governor Gen- eral in his discretion shall fix another date not earlier than thirty nor later than sixty days after the pas- sage of this Act: Provided, That the Governor Gen- eral's proclamation shall be published at least thirty days prior to the date fixed for the election, and there shall be chosen at such election one Senator from each senate district for a term of three years and One for six years. Thereafter one senator from each dis- trict shall be elected from each senate district for a term of six years: Provided, That the Governor Gen- eral of the Philippine Islands shall appoint, without the consent of the Senate and without restriction as to residence, senators and representatives who will, in his Opinion, best represent the senate district and those representative districts which may be included in the territory not now represented in the Philippine Assembly: Provided further, That thereafter election shall be held only on such days and under such regula- tions as to ballots, voting, and qualifications of electors as may be prescribed by the Philippine Legislature, to which is hereby given authority to redistrict the Philippine Islands and modify, amend, or repeal any provision of this section, except such as refer to ap- pointive Senators and representatives. (Aug. 29, 1916, c. 416, § 16, 39 Stat. 549.) - § 38.14d. Terms of office of Senators and Rep- resentatives—The terms Of Office Of elective Senators and representatives shall be six and three years, re- spectively, and shall begin on the date of their elec- tion. In Case of vacancy among the elective members of the Senate Or in the house of representatives, Spe- cial elections may be held in the districts wherein such vacancy occurred under such regulations as may be prescribed by law, but Senators Or represen- tatives elected in such cases shall hold office only for the unexpired portion of the term wherein the vacancy occurred. Senators and representatives ap- pointed by the Governor General shall hold office un- til removed by the Governor General. (Aug. 29, 1916, c. 416, § 17, 39 Stat. 550.) § 3814e. Organization of Senate and House; sessions—The Senate and house of representatives, respectively, Shall be the Sole judges Of the elections, returns, and qualifications of their elective members, and each house may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel an elective member. BOth houses shall COnvene at the capital on the sixteenth day of October next following the election and Organize by the election of a speaker or a presiding Officer, a clerk, and a sergeant at arms for each house, and such other officers and assistants as may be required. A majority of each house shall Con- stitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance Of absent members. The legislature shall hold annual sessions, commencing on the sixteenth day of October, or, if the sixteenth day of October be a legal holiday, then on the first day following which is not a legal holiday, in each year. The leg- islature may be called in special session at any time by the Governor General for general legislation, or for action on Such specific subjects as he may designate. No Special session shall continue longer than thirty days, and no regular session shall continue longer than one hundred days, exclusive of Sundays. The legislature is hereby given the power and authority to change the date of the commencement of its annual sessionS. The Senators and representatives shall receive an annual compensation for their services, to be ascer- tained by law, and paid out of the treasury of the Philippine Islands. The senators and representatives shall, in all cases except treason, felony, and breach of the peace, be privilegéd from arrest during their at- tendance at the session of their respective houses and in going to and returning from the same ; and for any speech or debate in either house they shall not be Questioned in any other place. - No Senator or representative shall, during the time for which he may have been elected, be eligible to any office the election to which is vested in the legislature, nor shall be appointed to any office of trust or profit which shall have been created or the emoluments of which shall have been increased during such term. (Aug. 29, 1916, c. 416, § 18, 39 Stat. 550.) § 3814f. Enactment of laws; approval of acts; vetoes—Each house of the legislature shall keep a journal of its proceedings and, from time to time, pub- lish the same; and the yeas and nays of the members of either house, on any question, shall, upon demand of one-fifth of those present, be entered on the journal, and every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be presented to the Governor General. If he approve the same, he shall sign it; but if not, he shall return it with his objections to that house in which it shall & Liave originated, which shall enter the objections at large on its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsider- ed, and if approved by two-thirds of all the members elected to that house it shall be sent to the GOVernor General, who, in case he shall then not approve, shall transmit the same to the President of the United States. The vote of each house shall be by the yeaS and nays, and the names of the members voting for and against shall be entered on the journal. If the President of the United States approve the same, he shall sign it and it shall become a law. If he shall not approve same, he shall return it to the Governor General, so stating, and it shall not become a law: Provided, That if any bill or joint resolution shall not be returned by the Governor General as herein provided within twenty days (Sundays excepted) after it shall have been presented to him the same shall become a law in like manner as if he had signed it, unless the legislature by adjournment prevent its re- turn, in which case it shall become a law unless vetoed by the Governor General within thirty days after ad- journment: Provided further, That the President of the United States shall approve or disapprove an act submitted to him under the provisions of this section within six months from and after its enactment and Submission for his approval ; and if not approved within such time, it shall become a law the same as if it had been specifically approved. The Governor Gen- eral shall have the power to veto any particular item Or items of an appropriation bill, but the Veto shall not affect the item or items to which he does not ob- ject. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to bills and joint resolutions returned to the legislature without his approval. - All laws enacted by the Philippine Legislature shall be reported to the Congress of the United States, which hereby reserves the power and authority to annul the same. If at the termination of any fiscal year the appropriations necessary for the Support of government for the ensuing fiscal year shall not have been made, the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may fle done, shall be deemed to be reappropriated for the seveNal 3. 3815 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS [Page 5801 objects and purposes specified in said last appropria- tion bill; and until the legislature shall act in such behalf the treasurer shall, when so directed by the Governor General, make the payments necessary for the purposes aforesaid. (Aug. 29, 1916, c. 416, § 19, 39 Stat. 551.) - § 3815. Resident Commissioners; compensa- tion—At the first meeting of the Philippine Legisla- ture created by this Act and triennially thereafter there shall be chosen by the legislature two Resi- dent Commissioners to the United States, who shall hold their office for a term of three years beginning with the fourth day of March following their election, and who shall be entitled to an official recognition as such by all departments upon presentation to the President of a certificate of election by the GOVernor General of said islands. Each of said Resident Com- missioners shall, in addition to the salary and the sum in lieu of mileage now allowed by law, be allow- ed the same sum for stationery and for the pay of necessary clerk hire as is now allowed to the Mem- bers of the House of Representatives of the United States, to be paid out of the Treasury of the United States, and the franking privilege allowed by law to Members of Congress. No person shall be eligible to election as Resident Commissioner who is not a bona fide elector of said islands and who does not owe allegiance to the United States and who is not more than thirty years of age and who does not read and write the English language. The present two Resident Commissioners shall hold office until the fourth of March, nineteen hundred and seventeen. In case of vacancy in the position of Resident COm- missioner caused by resignation or otherwise, the Governor General may make temporary appointments until the next meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident Commissioner thus elected shall hold Office Only for the unexpired portion of the term wherein the va- cancy occurred. (Aug. 29, 1916, c. 416, § 20, 39 Stat. 552.) & § 3816. [Superseded.] * - This section provided for the term, compensation, and It was super- allowances of the Resident Commissioners. seded by § 3815. - § 3817. Same; salaries—The salary of each of the Resident Commissioners from the Philippine IS- lands shall be the same as that of the Resident Com- missioner from Porto Rico. (May 22, 1908, c. 186, § 1, 35 Stat. 188.) § 3817a. Governor General; powers and du- ties—The supreme executive power shall be Vested in an executive officer, whose official title shall be “The Governor General of the Philippine Islands.” He shall be appointed by the President, by and with the advice and consent of the Senate Of the United States, and hold his office at the pleasure of the President and until his successor is chosen and quali- fied. The Governor General shall reside in the Phil- ippine Islands during his official incumbency, and maintain his office at the seat of government. He shall, unless otherwise herein provided, appoint, by and with the consent Of the Philippine Senate, such Officers as may now be appointed by the Governor General, or such as he is authorized by this Act to appoint, or whom he may hereafter be authorized by law to appoint; but appointments made while the senate is not in session shall be effective either until disapproval or until the next adjournment of the senate. He shall have general Supervision and Con- trol of all of the departments and bureaus Of the government in the Philippine Islands as far as is not inconsistent with the provisions of this Act, and shall be commander in chief of all locally created armed forces and militia. He is hereby vested with the exclusive power to grant pardons and reprieves and remit fines and forfeitures, and may veto any legisla- tion enacted as herein provided. He shall submit Within ten days of the opening of each regular ses- sion of the Philippine Legislature a budget of receipts and expenditures, which shall be the basis of the annual appropriation bill. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Philippine Islands and of the United States operative within the Philippine Islands, and Whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the islands, or summon the posse COmitatus, Or call out the militia or other locally Created armed forces, to prevent Or suppress lawless violence, invasion, insurrection, or rebellion; and he may, in Case Of rebellion. Or invasion, Or imminent danger thereof, when the public safety requires it, suspend the privileges of the writ of habeas corpus, or place the islands, or any part thereof, under martial law: Provided, That whenever the Governor General shall exercise this authority, he shall at once notify the President of the United States thereof, to- gether with the attending facts and circumstances, and the President shall have power to modify or va- Cate the action of the Governor General. He shall annually and at Such other times as he may be re- Quired make such official report of the transactions Of the government of the Philippine Islands to an executive department of the United States to be designated by the President, and his said annual re- port Shall be transmitted to the Congress of the United States; and he shall perform such additional duties and functions as may in pursuance of law be delegated or assigned to him by the President. (Aug. 29, 1916, c. 416, § 21, ’39 Stat. 553.) - See § 3804. § 3817 b. Executive departments; Commission discontinued—Except as provided Otherwise in this Act, the executive departments of the Philippine gov- ernment shall Continue as now authorized by law until Otherwise provided by the Philippine Legisla- ture. When the Philippine Legislature herein provid- ed shall convene and Organize, the Philippine COm- mission, as such, shall cease and determine, and the members thereof shall vacate their Offices as members of said commission: Provided, That the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified. The Philippine Legislature may thereafter by ap- propriate legislation increase the number or abolish any of the executive departments, or make Such changes in the names and duties thereof as it may See fit, and shall provide for the appointment and removal Of the heads of the executive departments by the Governor General: Provided, That all executive func- tions of the government must be directly under the Governor General or within one of the executive de- partments under the supervision and control of the Governor General. There is hereby established a bureau, to be known as the Bureau of Non-Christian tribes, which said bureau shall be embraced in one of the executive departments to be designated by the Governor General, and shall have general Supervision Over the public affairs of the inhabitants of the ter- ritory represented in the legislature by appointive senators and representatives. (Aug. 29, 1916, c. 416, § 22, 39 Stat. 553.) See § 3804. § 3817 e. Vice governor; department of pub- lic instruction—There shall be appointed by the President, by and with the advice and Consent Of the Senato of the United States, a vice governor of the Philippine Islands, who shall have all of the powers of the Governor General in the case of a va- cancy or temporary removal, resignation, Or disabil- ity of the Governor General, or in case of his tempo- rary absence; and the said Vice governOr shall be the head of the executive department, known as the department of public instruction, which shall in- Ch. 3D) 3 3818a. THE TERRITORIES AND INSULAR POSSESSIONS ~, [Page 581 I clude the bureau of education and the bureau of health, and he may be assigned such other executive duties as the Governor General may designate. Other bureaus now included in the department of public instruction shall, until otherwise provided by the Philippine Legislature, be included in the depart- ment of the interior. - The President may designate the head of an execu- tive department of the Philippine government to act as Governor General in the case of a vacancy, the temporary removal, resignation, or disability of the Governor General and the vice governor, Or their temporary absence, and the head of the department thus designated shall exercise all the powers and perform all the duties Of the Governor General dur- ing such vacancy, disability, or absence. (Aug. 29, 1916, c. 416, § 23, 39 Stat. 553.) - See § 3804. § 3817d. Auditor; deputy and assistant—There shall be appointed by the President an auditor, who shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the Philippine government and of the provincial and municipal governments of the Philippines, including trust funds and funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or property per- taining to or held in trust by the government Or the Provinces or municipalities thereof. He shall per- form a like duty with respect to all government branches. He shall keep the general accounts of the govern- ment and preserve the vouchers pertaining thereto. It shall be the duty of the auditor to bring to the attention of the proper administrative Officer expendi- tures of funds or property which, in his Opinion, are irregular, unnecessary, excessive, or extravagant. There shall be a deputy auditor appointed in the same manner as the auditor. The deputy auditor shall sign such official papers as the auditor may designate and perform such other duties as the au- ditor may prescribe, and in Case of the death, resig- nation, sickness, or other absence of the auditor from his office, from any cause, the deputy auditor shall have charge of such Office. In Case of the absence from duty, from any cause, of both the auditor and the deputy auditor, the Governor General may desig- nate an assistant, who shall have charge Of the Office. The administrative jurisdiction of the auditor OVer accounts, whether of funds Or property, and all vouchers and records pertaining thereto, shall be ex- clusive. With the approval of the Governor General he shall from time to time make and promulgate gen- eral or special rules and regulations not inconsistent with law covering the method of accounting for public funds and property, and funds and property held in trust by the government or any of its branch- es: Provided, That any officer accountable for public funds or property may require such additional reports or returns from his subordinates Or Others as he may deem necessary for his own information and protec- tion. - The decisions of the auditor shall be final and conclusive upon the executive branches of the gov- ernment, except that appeal therefrom may be taken by the party aggrieved or the head of the depart- ment concerned within One year, in the manner here- inafter prescribed. The auditor shall, except as here- inafter provided, have like authority as that con- ferred by law upon the several auditors of the Unit- ed States and the Comptroller of the United States Treasury and is authorized to communicate directly with any person having claims before him for settle- ment, or with any department, officer, or person hav- ing official relations with his office. - AS SOOn after the close Of each fiscal year as the accounts of Said year may be examined and adjust- ed the auditor shall submit to the Governor General and the Secretary of War an annual report of the fiscal concerns of the government, showing the re- ceipts and disbursements of the various departments and bureaus of the government and of the various. Provinces and municipalities, and make such other reports as may be required of him by the Governor General or the Secretary of War. In the execution. Of their duties the auditor and the deputy auditor are authorized to summon wit- Inesses, administer oaths, and to take evidence, and, in the pursuance of these provisions, may issue sub- poenas and enforce the attendance of witnesses, as now provided by law. - - The office of the auditor shall be under the general supervision of the Governor General and shall con- sist of the auditor and deputy auditor and such necessary assistants as may be prescribed by law. (Aug. 29, 1916, c. 416, § 24, 39 Stat. 553.) - § 3817e. Same; appeals—Any person aggrieved by the action or decision of the auditor in the settle- ment of his account or claim may, within One year, take an appeal in writing to the Governor General, which appeal shall specifically set forth the par- ticular action of the auditor to which exception is taken, with the reason and authorities relied on for reversing such decision. . If the Governor General shall confirm the action of the auditor, he shall so indorse the appeal, and transmit it to the auditor, and the action shall there- upon be final and conclusive. Should the Governor General fail to sustain the action of the auditor, he shall forthwith transmit his grounds of disapproVal to the Secretary of War, together with the appeal and the papers necessary to a proper understanding Of the matter. The decision of the Secretary of War in such case shall be final and conclusive. (Aug. 29, 1916, c. 416, § 25, 39 Stat. 554.) - § 3818. Supreme court; Municipal courts; justices of supreme court—The supreme court and the courts of first instance Of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by law. The municipal Courts of said islands shall possess and exercise jurisdic- tion as now provided by law, subject in all matters to Such alteration and amendment as may be here- after enacted by law; and the chief justice and as- Sociate justices of the Supreme Court shall hereafter be appointed by the President, by and with the advice and COnsent Of the Senate Of the United States. The judges of the court of first instance shall be appoint- ed by the Governor General, by and with the advice and consent of the Philippine Senate: Provided, That the admiralty jurisdiction of the Supreme Corlirt and Courts of first instance shall not be changed except by Act of Congress. That in all cases pending under the Operation of existing laws, both Criminal and civil, the jurisdiction shall continue until final judg- ment and determination. (Aug. 29, 1916, c. 416, § 26, 39 Stat. 555.) - - § 38.18a. Salaries of officers—Except as in this Act otherwise provided, the salaries of all the offi- cials of the Philippines not appointed by the Presi- dent, including deputies, assistants, and other em- ployees, shall be such and be so paid out of the reve- nues Of the Philippines as shall from time to time be determined by the Philippine Legislature; and if the Legislature shall fail to make an appropriation for such salaries, the salaries so fixed shall be paid without the necessity of further appropriations there- for. The salaries of all officers and all expenses of the offices of the various officials of the Philippines appointed as herein provided by the President shall also be paid Out of the revenues of the Philippines. The annual Salaries of the following-named Officials appointed by the President and so to be paid shall be: The Governor General, $18,000; in addition there- to he shall be entitled to the occupancy of the build- ings heretofore used by the chief executive of the Philippines, with the furniture and effects therein, & 38186 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS IPage 582I free of rental; vice governor, $10,000; chief justice of the Supreme court, $8,000; associate justices of the supreme court, $7,500 each; auditor, $6,000; dep- uty auditor, $3,000. (Aug. 29, 1916, c. 416, § 29, 39 Stat. 556.) - . . § 3818b. Same; municipal officers—The provi- sions of the foregoing section shall not apply to pro- vincial and municipal officials; their salaries and the compensation of their deputies, assistants, and Other help, as well as all other expenses incurred by the Provinces and municipalities, shall be paid Out Of the provincial and municipal revenues in Such man- ºner as the Philippine Legislature shall provide. (Aug. 29, 1916, c. 416, § 30, 39 Stat. 556.) $ 3819. Compensation of supreme court jus- tices; temporary justice—Whenever, by reason of temporary disability of any judge of the Supreme court or by reason of vacancies occurring therein, a quorum of the court shall not be present for business the governor-general of said islands is authorized to designate a judge or judges of the court of first in- stance in the islands to sit and act temporarily as a judge or judges of the Supreme Court in Order to COn- stitute a quorum of said supreme court for business. | If a judge so designated shall not have his usual place . of residence at the City of Manila, he shall be allowed his traveling expenses from his usual place of resi- dence to Manila and return and the sum of ten pesos, Philippine currency, a day for the period during which he is engaged in the Supreme Court, the period to be Calculated from the time he leaves his usual place of residence until his return from Manila. (Feb. 6, 1905, c. 453, § 7, 33 Stat. 692.) - § 3820. Special term of Supreme Court—The supreme Court of the Philippine Islands is authorized to hold such special term or terms in each year at Baguio, in the Province of Benguet, or at any other suitable place in the Philippine Islands, as may be provided by Order of the Court, and to make Such Or- ders with reference to the transfer of records and the issuing of process as shall be necessary to Imake the orders, decrees, and judgments entered by the Court in such special term or terms effective. (April 9, 1910, No. 19, 36 Stat. 877.) § 3821. Improvement of harbors and naviga- ble waters—The government of the Philippine IS- lands is hereby authorized to provide for the needs of commerce by improving the harbors and navigable waters of said islands and to construct and maintain in said navigable waters and upon the shore adja- cent thereto bonded Warehouses, wharves, piers, light- houses, signal and life-saving stations, buoys, and like instruments of commerce, and to adopt and enforce regulations in regard thereto, including bonded Ware- houses wherein articles not intended to be imported into said islands nor mingled with the property there- in, but brought into a port of said islands for re- shipment to another country, may be deposited in bond and reshipped to another country without the payment of customs duties or charges. (July 1, 1902, c. 1369, § 11, 32 Stat. 695.) . . $ 3822. Nonmilitary property transferred; grants of property—All the property and rights Which may have been acquired in the Philippine Is- lands by the United States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such land or other property as has been or shall be designated by the President of the United States for military and other reserva- tions of the Government of the United States, and all lands which may have been subsequently acquired by the government of the Philippine Islands by purchase under the provisions of Sections sixty-three and sixty- four of the Act of Congress approved July first, nine- teen hundred and two, except Such as may have here- tofore been sold and disposed of in accordance with the provisions of said Act of Congress, are hereby placed under the control of the government of said proved by the President of the United States: vided, That upon the approval of such an act by the islands to be administered or disposed of for the ben- efit of the inhabitants thereof, and the Philippine Leg- islature shall have power to legislate With respect to all such matters as it may deem advisable; but acts of the Philippine Legislature with reference to land of the public domain, timber, and mining, hereafter enacted, shall not have the force of law until ap- Pro- Governor General, it shall be by him forthwith trans- mitted to the President of the United States, and he Shall approve or disapprove the same within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved: Provided further, That where lands in the Philippine Islands have been or may be reserved for any public purpose of the United States, and, being no longer required for the pur- pose for which reserved, have been or may be, by Order of the President, placed under the control of the government of said islands to be administered for the benefit of the inhabitants thereof, the order of the President shall be regarded as effectual to give the government of said islands full control and power to administer and dispose of such lands for the bene- fit of the inhabitants of said islands. (Aug. 29, 1916, c. 416, § 9, 39 Stat. 547.) § 3823. Classification of public lands; dispo- sition—The government of the Philippine Islands, Subject to the provisions of this Act and except as herein provided, shall classify according to its agri- Cultural character and productiveness, and shall im- mediately make rules and regulations for the lease, Sale, Or Other disposition of the public lands other than timber or mineral lands, but such rules and reg- ulations shall not go into effect or have the force of law until they have received the approval of the President and when approved by the President they shall be submitted by him to Congress at the begin- ning of the next ensuing session thereof and unless disapproved or amended by Congress at said. Session they shall at the close of such period have the force and effect of law in the Philippine Islands: Provid- ed., That a single homestead entry shall not exceed sixteen hectares in extent. (July 1, 1902, c. 1369, § 13, 32 Stat. 695.) - § 3824. Perfecting titles of claimants from Spain; patents to native occupants—The govern- ment of the Philippine Islands is hereby authorized and empowered to enact rules and regulations and to prescribe terms and COnditions to enable persons to perfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to the United States, had fulfilled all or some of the Conditions required by the Spanish laws and royal decrees Of the Kingdom. Of Spain for the acquisition Of legal title thereto yet failed to secure Conveyance of title; and the Philippine Commission is authorized to issue patents, without compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen hectares in extent, which were public lands and had been actually occupied by such native Or his ancestors prior to and On the thirteenth Of August, eighteen hundred and ninety-eight. (July 1, 1902, c. 1369, § 14, 32 Stat. 696.) § 3825. Grant of lands, other than timber or mineral lands—The government of the Philippine Islands is hereby authorized and empowered, on such terms as it may prescribe, by general legislation, to provide for the granting or sale and conveyance to ac- tual OCCupants and Settlers and Other citizens Of Said islands Such parts and portions of the public domain, other than timber and mineral lands, of the United States in said islands as it may deem Wise, not ex- ceeding sixteen hectares to any One person and for the sale and conveyance of not more than One thou- sand and twenty-four hectares to any Corporation or Ch. 3D) 3 3834 THE TERRITORIES AND INSULAR POSSESSIONS [Page 583] association of persons: Provided, That the grant or sale of such lands, whether the purchase price be paid at once or in partial payments, shall be conditioned upon actual and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber Said land or the title thereto ; but such restriction shall not apply to transfers of rights and title of in- heritance under the laws for the distribution of the estates of decedents. (July 1, 1902, c. 1369, § 15, 32 Stat. 696.) § 3826. Rights of settlers and native occu- pants—In granting Or selling any part of the public domain under the provisions of the last preceding Section, preference in all cases shall be given to actual Occupants and settlers; and such public lands of the United States in the actual possession or occupancy Of any native of the Philippine Islands shall not be Sold by said government to any other person without the Consent thereto of said prior occupant or settler first had and obtained: Provided, That the prior right hereby secured to an occupant of land, who can show Ino Other proof of title than possession, shall not ap- ply to more than sixteen hectares in any one tract. (July 1, 1902, c. 1369, § 16, 32 Stat. 696.) § 3827. Preservation of forests; revenues from public lands—Timber, trees, forests, and for- est products on lands leased or demised by the gov- •ernment of the Philippine Islands under the provi- Sions of this Act shall not be cut, destroyed, removed, or appropriated except by special permission of said government and under such regulations as it may pre- SCribe. - All moneys obtained from lease or sale of any por- tion of the public domain or from licenses to cut timber by the government of the Philippine Islands shall be covered into the insular treasury and be sub- ject only to appropriation for insular purposes ac- cording to law. (July 1, 1902, c. 1369, § 17, 32 Stat. 696.) § 3828. Forest laws and regulations; regulations now in force in the Philippine Islands, with such, modifications and amendments as may be made by the government of said islands, are hereby continued in force, and no timber lands forming part of the public domain shall be sold, leased, or en- tered until the government Of Said islands, upon the Certification of the forestry bureau that said lands are more valuable for agriculture than for forest uses, shall declare such lands SO Certified to be agricultural in character: Provided, That the said government shall have the right and is hereby empowered to is- Sue licenses to cut, harvest, or collect timber or other forest products on reserved or unreserved public lands in said islands in a CCordance with the forest laws and regulations hereinbefore mentioned and under the provisions of this Act, and the said government may lease land to any person or persons holding such li- censes, sufficient for a mill site, not to exceed four hectares in extent, and may grant rights of way to enable Such perSOn Or perSOns to get access to the lands to which such licenses apply. (July 1, 1902, c. 1369, § 18, 32 Stat. 696.) - § 3829. Water rights; rules and regulations —The beneficial use shall be the basis, the measure, and the limit of all rights to water in said islands, and the government of said islands is hereby au- thorized to make Such rules and regulations for the use of water, and to make such reservations of pub- lic lands for the protection of the water supply, and for other public purposes not in conflict with the provisions of this Act, as it may deem best for the public good. (July 1, 1902, c. 1369, § 19, 32 Stat. 697.) MINERAL LANDS § 3830. Reservation from sale–In all cases public lands in the Philippine Islands valuable for lands reserved to be agricultural—The forest la VS and minerals shall be reserved from sale, except as Other- Wise expressly directed by law. (July 1, 1902, c. 1369, § 20, 32 Stat. 697.) p § 3831. Purchase of deposits and lands; lands entered as agricultural when minerals are found thereon—All valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsur- Veyed, are hereby declared to be free and open to exploration, occupation, and purchase, and the land in which they are found to occupation and purchase, by Citizens of the United States, or of said Islands: Provided, that when on any lands in said islands en- tered and Occupied as agricultural lands under the provisions of this Act, but not patented, mineral de- posits have been found, the working of such mineral deposits is hereby forbidden until the person, as- SOCiation, Or Corporation who Or which has entered and is occupying such lands shall have paid to the government of said islands such additional sum or Sums as will make the total amount paid for the min- eral claim or claims in which said deposits are located equal to the amount charged by the government for the same as mineral claims. (July 1, 1902, c. 1369, § 21, 32 Stat. 697.) - § 3832. Mineral claims; location—That mining claims upon land containing veins or lodes of quartz Or Other rock in place-bearing gold, silver, cinnabar, lead, tin, Copper, or other valuable deposits located after the passage of this Act, whether located by one Or more persons qualified to locate the same under the preceding section, shall be located in the following manner and under the following conditions: Any per- SOn SO qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with re- Spect to land which may be used for mining, enter upon the same and locate a plat of ground Imeasuring, where possible, but not exceeding three hundred me- ters in length by three hundred meters in breadth, in as nearly as possible a rectangular form ; that is to Say, all angles shall be right angles, except in Cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim it shall be measured horizon- tally, irrespective of inequalities of the surface of the ground. (July 1, 1902, c. 1369, § 22, 32 Stat. 697, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 692.) § 3833. Same; marking—A mineral claim shall be marked by two posts, placed as nearly as possible on the line of the ledge or vein, and the posts shall be numbered One and two, and the distance between posts numbered One and two shall not exceed three hundred meters, the line between posts numbered One and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral Claim, the name of the locator, and the date of the location. Upon post num- bered one there shall be Written, in addition to the foregoing, “Initial post,” the approximate compass bearing of post numbered tWO, and a statement of the Inumber of meters lying to the right and to the left Of the line from post numbered one to post num- bered two, thus: “Initial post. Direction of post numbered tWO meters of this claim lie On the right and meters On the left Of the line from number One to number two post.” All the particulars required to be put on number One and number two posts shall be furnished by the locator. to the provincial secretary, or such other officer as by the Philippine government may be described as min- ing recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. (July 1, 1902, c. 1369, § 23, 32 Stat. 697, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 693.) § 3834. Same; marking location lime and dis- covery post—When a claim has been located the holder shall immediately mark the line between posts numbered one and two so that it can be distinctly Seen. The locator shall also place a post at the point 3 3834 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS where he has found minerals in place, on which shall be written “Discovery :” Provided, That when the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back Of the declaration made by the owner when the claim Was recorded, posts numbered one and two, and the notice on number one, the initial post. . Ea’aºmples of Various Modes of Laying Out Claims I. 2. 3. No. 2 post. No. 2 post. No. 2 post. 150 meters, | 150 m. 100 m. T 200 m. 225 m. Yºº. g 5 || || 3 H | | 3 5 * O Discovery post. 3. Pºp O 3 3 § 3 § Discovery post. Ó 150 m. 150 In. 100 m. 200 m. $225 m. 75 m. (X- *N. =- f*N • No. 1 poet. No. 1 post. No. 1 post. (July 1, 1902, c. 1369, § 24, 32 Stat. 698, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 693.) - § 3835. §ame; moving of posts—It shall not be lawful to move number one post, but number two post may be moved by the deputy mineral Surveyor When the distance between posts numbered one and tWO exceeds three hundred meters, in order to place number tWO post three hundred meters from number One post On the line Of location. When the distance between posts numbered one and two is less than three hundred meters, the deputy mineral Surveyor shall have no authority to extend the claim beyond number two. (July 1, 1902, c. 1369, § 25, 32 Stat. 698, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 693.) § 3836. §ame; location line to govern direc- tion—The “location line” shall govern the direction Of One side Of the claim, upon which the survey shall be extended according to this Act. (July 1, 1902, c. 1369, § 26, 32 Stat. 698.) § 3837. Same; rights to minerals; extralater- al rights—The holder of a mineral claim shall be en- titled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the bound- ary lines of his claim continued vertically downward: Provided, That this Act shall not prejudice the rights of claim OWners nor claim holders whose claims have been located under eXisting laws prior to this Act. (July 1, 1902, c. 1369, § 27, 32 Stat. 698.) § 3838. Same; recording full size claim—No mineral claim Of the full size shall be reCOrded with- Out the application being accompanied by an affidavit made by the applicant Or Some person. On his behalf cognizant of the facts—that the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded ; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location Of the claim. The Words Written On the number One and number two posts shall be set Out in full, and as accurate a description as possible of the position of the claim given with reference to some natural Ob- ject or permanent monuments. (July 1, 1902, c. 1369, § 28, 32 Stat. 699.) § 3839. Saime; recording fractional claim— . No mineral claim which, at the date of its record, is known by the locator to be less than a full-sized min- eral claim, shall be recorded without the word “frac- tion” being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some per- Son on his behalf Cognizant Of the facts: That the legal posts and notices have been put up; that min- eral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant , [Page 584] - and the date of the location of the claim. The Words written of the posts numbered one and two shall be Set Out in full and as accurate a description as pos- sible of the position of the claim given. A sketch plan shall be drawn by the applicant On the back of the declaration, showing as near as may be the posi- tion of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction desired to be recorded: Provided, That the failure on the part of the locator of a mineral claim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location if, up- on the facts, it shall appear that such locator has actually discovered mineral in place on said location and that there has been On his part a bona fide at- tempt to comply with the provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is not of a Character Calculated to mis- lead Other persons desiring to locate claims in the vicinity. (July 1, 1902, c. 1369, § 29, 32 Stat. 699, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 694.) § 3840. Same; marking claim where impos- sible to mark location line—In Cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim as provided by this Act then the Claim may be marked by placing posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direc- tion shall be set out in the record Of the Claim. (July. 1, 1902, c. 1369, § 30, 32 Stat. .699.) § 3841. Same; recording—Every person locat- ing a mineral Claim shall record the same With the provincial secretary, or such other officer as by the government of the Philippine Islands may be de- Scribed as mining recorder Of the district Within which the same is situate, Within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said government described as mining recorder, in which shall be inserted the name Of the claim, the name of each locator, the locality Of the mine, the direction of the location line, the length in meters, the date of location, and the date of the record. A claim which shall not have been recorded within the pre- scribed period shall be deemed to have been aban- doned. (July 1, 1902, c. 1369, § 31, 32 Stat. 699, amend- ed, Feb. 6, 1905, c. 453, § 9, 33 Stat. 694.) § 3842. Same; priority of location to deter- mine title—In case of any dispute as to the loca- tion of a mineral claim the title to the claim Shall be recognized according to the priority of such loca- tion, subject to any question as to the validity of the record itself and subject to the holder having Com- plied with all the terms and conditions of this Act. (July 1, 1902, c. 1369, § 32, 32 Stat. 699.) - § 3843. Same; more than one claim on same Iode—No holder shall be entitled to hold in his, its, or their own name or in the name of any other per- son, corporation, or association more than One min- eral claim on the same vein or lode. (July 1, 1902, C. 1369, § 33, 32 Stat. 699.) § 3844. Same; abandonment—A holder may at any time abandon any mineral claim by giving notice, in Writing, Of Such intention to abandon, to the pro- vincial Secretary or such other officer as by the gov- ernment of the Philippine Islands may be described as mining recorder; and from the date of the record Of Such notice all his interest in such claim shall cease. (July 1, 1902, c. 1369, § 34, 32 Stat. 700.) § 3845. Samme; proofs of citizenship—Proof of citizenship under the clauses of this Act relating to mineral lands may consist, in the Case Of an individ- ual, of his own affidavit thereof; in the Case of an as- sociation of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge * or upon information and belief; and in the case of a Ch. 3D) Ž 3849 THE TERRITORIES AND INSULAR POSSESSIONS [Page 585I Corporation Organized under the laws of the United States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified copy of their charter Or. Certificate of incorporation. (July 1, 1902, c. 1369, § 35, 32 Stat. 700.) § 3846. Mining regulations; annual labor— The United States Philippine Commission or its suc- CeSSOrS may make regulations, not in conflict with the provisions Of this Act, governing the location, man- ner of recording, and amount of work necessary to hold possession of a mining claim, Subject to the fol- lowing requirements: On each claim located after the passage of this Act, and until a patent has been issued therefor, not less than two hundred pesos' worth of labor shall be per- formed Or improvements made during each year: Pro- Vided, That upon a failure to comply with these con- ditions the claim or mine upon which such failure oc- Curred Shall be Open to relocation in the same manner as if no location of the same had ever been made, pro- Vided that the Original locators, their heirs, assigns, Or legal representatives have not resumed work up- On the Claim after failure and before such location. Upon the failure of any one of several coowners to COntribute his proportion of the expenditures requir- ed thereby, the COOwners who have performed the labor Or made the improvements may, at the expira- tion of the year, give such delinquent coowners per- SOnal notice in Writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, One in the English language and the other in the Spanish language, to be designated by the chief Of the Philippine insular bureau of public lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication, such delinquent shall fail or refuse to contribute his pro- portion of the expénditure required by this section, his interest in the claim shall become the property of his COOWners who have made the required expenditures. The period within which the work required to be done annually On all unpatented mineral claims shall Com- mence On the first day of January succeeding the date of location of such claim. (July 1, 1902, c. 1369, § 36, 32 Stat. 700, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 694.) § 3847. Patents for mineral claims—A patent for any land claimed and located for valuable mineral deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and lo- Cated a piece Of land for such purposes, who has or have Complied with the terms of this Act, may file in the office of the provincial secretary, or such other of- ficer as by the government of said islands may be de- scribed as mining recorder of the province wherein the land Claimed is located, an application for a pat- ent, under Oath, showing such compliance, together With a plat and field notes of the claim or claims in COmmon, made by Or under the direction of the Chief Of the Philippine insular bureau of public lands, show- ing accurately the boundaries of the claim, which shall be distinctly marked by monuments . On the ground, and shall post a copy of such plat, together With a notice of such application for a patent, in a Conspicuous place On the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that Such notice has been duly posted, and shall file a copy Of the notice in such office, and shall thereupon be en- £itled to a patent for the lands, in the manner follow- ing: • The provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim, and in tWO newspapers published at Manila, one in the Eng- lish language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter within the sixty days of publication, shall file with the provincial Secretary, or such other Officer as by the Philippine government may be described as mining recorder, a Certificate Of the chief Of the Philippine insular bureau of public lands that one thousand pesos' worth of labor has been expeſided or improvements made upon the claim by himself Or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the Claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, show- ing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed With the provincial Secretary, Or Such Other Officer as by the government Of Said islands may be described as mining recorder, at the expiration of the sixty days Of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the pro- Vincial treasurer, or the Collector of internal revenue, of twenty-five pesos per hectare, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, ex- cept it be shown that the applicant has failed to comply with the terms of this Act: Provided, That where the claimant for a patent is not a resident Of Or within the province wherein the land containing the vein, ledge, or deposit SOUght to be patented is locat- ed, the application for patent and the affidavits requir- ed to be made in this section by the claimant for Such patent may be made by his, her, or its authorized agent where said agent is conversant with the facts sought to be established by said affidavits. (July 1, 1902, c. 1369, § 37, 32 Stat. 701, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 695.) § 3848. Proof of citizenship of non-residents —Applicants for mineral patents, if residing beyond the limits of the province or military department wherein the claim is situated, may make the Oath Or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary pub- lic of any province of the Philippine Islands, or any other official in said islands authorized by law to ad- minister oaths. (July 1, 1902, c. 1369, § 38, 32 Stat. 701.) § 3849. Adverse claims—Where an adverse claim is filed during the period of publication it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and ex- tent of such adverse claim, and all proceedings, ex- cept the publication of notice and making and filing Of the affidavits thereof, shall be stayed until the COn- troversy shall have been settled or decided by a court of competent jurisdiction or the adverse claim waived. It shall be the duty of the adverse claim- ant, within thirty days after filing his claim, to Com- mence proceedings in a court of competent jurisdic- tion to determine the question of the right of pos- session and prosecute the same with reasonable dili- gence to final judgment, and a failure so to do shall be a Waiver of his adverse claim. After such judg- ment shall have been rendered the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial Secre- tary, or Such other officer as by the government of the Philippine Islands may be described as mining recorder, together with the certificate of the Chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or 3 3850 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS improvements made thereon, and the description re- Quired in other cases, and shall pay to the provincial treasurer or the Collector Of internal revenue Of the province in which the claim is situated, as the case Imay be, twenty-five pesos per hectare for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary, or such other officer as by said government may be described as mining re- corder, to the secretary of the interior of the Philip- pine Islands, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, rightly to pos- sess. The adverse claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, Or any notary public of any province or military department of the Philippine Islands, or any other officer author- ized to administer oaths where the adverse claimant may then be. If it appears from the decision Of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Chief of the Philippine insular bureau of public lands, whereupon the provincial secretary or such other offi- cer as by the government of said islands may be de- scribed as mining recorder shall certify the proceed- ings and judgment roll to the secretary of the interior for the Philippine Islands, as in the preceding case, and patents shall issue to the several parties accord- ing to their respective rights. If, in any action brought pursuant to this section, title to the ground in controversy shall not be established by either party, the court shall so find, and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the office of the provincial secretary or such other officer as by the government of said islands may be described as mining recorder or be entitled to a patent for the ground in controversy until he shall have perfected his title. Nothing herein Con- tained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever. (July 1, 1902, c. 1369, $ 39, 32 Stat. 701, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 696.) . . - * . § 3850. Reference to public surveys—The de- scription of mineral claims upon surveyed lands shall designate the location of the claim with reference to the lines of the public surveys, but need not Conform therewith; but where a patent shall be issued for claims upon unsurveyed lands the chief of the Philip- pine insular bureau of public lands in extending the surveys shall adjust the same to the boundaries Of such patented claim according to the plat or descrip- tion thereof, but so as in no case to interfere With or change the location of any such patented claim. (July 1, 1902, c. 1369, § 40, 32 Stat. 702.) § 3851. Piacer claims; building stone lands— Any person authorized to enter lands under this Act may enter and obtain patent to lands that are Chiefly valuable for building stone under the provisions of this Act relative to placer mineral claims. (July 1, 1902, c. 1369, § 41, 32 Stat. 702.) § 3852. Same; petroleum lands—Any person authorized to enter lands under this Act may enter and obtain patent to lands Containing petroleum or other mineral oils and chiefly valuable therefor un- der the provisions of this Act relative to placer min- eral claims. (July 1, 1902, c. 1369, § 42, 32 Stat. 702.) § 3853. Same; limit of area.—No location of a placer claim shall exceed sixty-four hectares for any association of persons, irrespective of the number of persons composing such association, and no such lo- \, [Page 586.I cation shall include more than eight hectares for an individual claimant. Such locations shall conform to the laws of the United States Philippine Commission, or its successors, with reference to public SurveyS, and nothing in this section contained shall defeat or impair any bona fide ownership of land for agricul- tural purposes or authorize the sale of the improve- ments of any bona fide settler to any purchaser. (July 1, 1902, c. 1369, $43, 32 Stat. 702) § 3854. Same; on surveyed and unsurveyed Hands—Where placer claims are located upon Survey- ed lands and conform to legal subdivisions, no fur- ther survey or plat shall be required, and all placer mining claims located after the date of passage of this Act shall conform as nearly as practicable to the Philippine system of public-land surveys and the regular subdivisions of such surveys; but where plac- er claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than sixteen hectares shall remain, such frac- tional portion of agricultural land may be entered by any party qualified by law for homestead purposes. (July 1, 1902, c. 1369, § 44, 32 Stat. 703.) § 3855. Same; right to patent; prior liens-- Where such person or association, they and their grantors have held and worked their claims for a period equal to the time prescribed by the statute of limitations of the Philippine Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a pat- ent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deem- ed to impair any lien which may have attached in any way whatever prior to the issuance of a patent. (July 1, 1902, c. 1369, § 45, 32 Stat. 703.) - - § 3856. Deputy mineral surveyors; expenses of survey–The chief of the Philippine insular bureau of public lands may appoint competent deputy mineral surveyors to survey mining claims. The expenses of the Survey of vein or lode claims and of the survey of placer claims, together with the cost of publication Of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any such deputy mineral surveyor to make the survey. The chief of the Philippine insular bu- reau of public lands shall also have power to estab- lish the maximum charges for surveys and publication Of notices under this Act; and in case of excessive charges for publication he may designate any news- paper published in a province where mines are situat- ed, or in Manila, for the publication of mining no- tices and fix the rates to be charged by Such paper; and to the end that the chief of the bureau of public lands may be fully informed on the subject such applicant shall file with the provincial secretary, or such other officer as by the government of the Philip- pine Islands may be described as mining recorder, a sworn statement of all charges and fees paid by Such applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the Philippine Islands. (July 1, 1902, c. 1369, § 46, 32 Stat. 703.) § 3857. Making verifications and taking tes- timony and proofs—All affidavits required to be made under this Act may be verified before any offi- cer authorized to administer oaths within the province or military department where the claims may be Situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the Officer taking the same, shall have the same force and effect as if taken before the proper pro- vincial Secretary or such other officer as by the gov- ernment of the Philippine Islands may be described Ch. 3D) 3 3867 THE TERRITORIES AND INSULAR POSSESSIONS as mining recorder. In cases of contest as to the mineral or agricultural character of land the testi- mony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication at least once a week for thirty days in a newspaper to be designated by the provincial secre- tary or such other Officer as by Said government may be described as mining recorder published nearest to the location of Such land and in two newspapers pub- lished in Manila, one in the English language and One in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and the provincial secretary or such other officer as by said government may be described as mining recorder shall require proofs that such notice has been given. (July 1, 1902, c. 1369, § 47, 32 Stat. 703.) cent to claim—Where nonmineral land not contigu- ous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary require- ments as to survey and notice as are applicable to veins or lodes; but no application of such nonad- jacent land shall exceed two hectares, and payment for the same must be made at the same rate as fixed by this Act for the Superficies of the lode. The owner Of a quartz mill or reduction works not Owning a mine in connection there with may also receive a pat- ent for his mill site as provided in this section. (July 1, 1902, c. 1369, § 48, 32 Stat. 704.) § 3859. Rules for working mines, easements, etc., sale; bornd of deputy surveyor–As a condi- tion of sale the Government of the Philippine Islands may provide rules for working, policing, and sanita- tion of mines, and rules concerning easements, drain- age, water rights, right of way, right of Government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this Act, and those conditions shall be fully expressed in the patent. The Philippine Commission or its successors are hereby further em- powered to fix the bonds of deputy mineral surveyors. (July 1, 1902, c. 1369, § 49, 32 Stat. 704.) § 3860. Water rights confirmed; ditches and canals—Whenever by priority of possession rights to use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the posses- sors and owners Of such vested rights shall be main- tained and protected in the same, and the right of way for the construction of ditches and canals for the purpose herein specified is acknowledged and confirmed, but whenever any person, in the construc- tion of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be li- able to the party injured for such injury Or damage. (July 1, 1902, c. 1369, $ 50, 32 Stat. 704.) § 3861. Patents subject to vested water, ditch, and reservoir rights—All patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the preceding sec- tion. (July 1, 1902, c. 1369, § 51, 32 Stat. 704.) § 3862. Tand districts—The Government of the Philippine Islands is authorized to establish land districts and provide for the appointment of the necessary officers wherever they may deem the same necessary for the public convenience, and to further provide that in districts where land offices are estab- lished proceedings required by this Act to be had be- fore provincial officers shall be had before the prop- § 3858. Patents for non-mineral lands adja- [Page. ſ 587] er officers of such land offices. (July 1, 1902, c. 1369, $ 52, 32 Stat. 704.) - § 3863. Coal lands; entry—Every person above the age Of twenty-One years who is a citizen Of the United States or of the Philippine Islands, or who has acquired the right of a native of said islands under and by virtue of the treaty of Paris, or any association Of perSons Severally qualified as above, shall, upon ap- plication to the proper provincial treasurer, have the right to enter any quality of vacant Coal lands of Said islands, not otherwise appropriated or reserved by Competent authority, not exceeding sixty-four hectares to such individual person, or one hundred and twenty-eight hectares to Such association upon payment to the provincial treasurer or the collector of internal revenue, as the case may be, of not less than fifty pesos per hectare for such lands, where the same Shall be situated more than twenty-five kilometers from any completed railroad or available harbor or navigable Stream, and not less than One hundred pesos per hectare for such lands as shall be within twenty-five kilometers of such road, harbor, or stream: Provided, That such entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules and regulations governing the public-land surveys of the said islands in plotting legal subdi- visions. (July 1, 1902, c. 1369, § 53, 32 Stat. 704, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 696.) - § 3864. Same; preference right—Any person or association of persons, severally qualified as above provided, who have Opened and improved Or shall hereafter Open and improve, any coal mine Or mines upon the public lands, and shall be in actual posses- Sion of the same, shall be entitled to a preference right of entry under the preceding section of the mines so opened and improved. (July 1, 1902, c. 1369, § 54, 32 Stat. 705.) - § 3865. Same; declaratory statement of pref- erence right—All claims under the preceding section must be presented to the proper provincial secretary Within sixty days after the date of actual possession and the COmmencement of improvements On the land by the filing of a declaratory statement therefor; and where the improvements shall have been made prior. to the expiration of three months from the date of the passage of this Act, sixty days from the expira- tion of such three months shall be allowed for the filing of a declaratory statement; and no sale under the provisions of this Act shall be allowed until the expiration of six months from the date of the passage of this Act. (July 1, 1902, c. 1369, § 55, 32 Stat. 705.) § 3866. Same; one entry allowed—The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other associa- tion shall enter or hold any other lands under the provisions thereof; and no member of any associa- tion which shall have taken the benefit of such sec- tion Shall enter Or hold any other lands under their provisions; and all persons claiming under section fifty-eight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their re- spective claims; and upon failure to file the proper notice or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. (July 1, 1902, c. 1369, § 56, 32 Stat. 705.) § 3867. Same; conflicting claims—In case of conflicting claims upon coal lands where the improve- ments shall be commenced after date of the passage of this Act, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the passage of this Act, division of the land Claimed may be made by legal Subdivisions, & 8868 (Tit. 23 TEIE TERRITORIES AND INSULAR POSSESSIONS which shall conform as nearly as practicable with the Subdivisions of land provided for in this ACt, to include as near as may be valuable improvements Of the respective parties. The Government of the Phil- ippine Islands is authorized to issue all needful rules and regulations for carrying into effect the provi- sions of this and preceding sections relating to min- eral lands. (July 1, 1902, c. 1369, § 57, 32 Stat. 705.) § 3868. Saline lands; sales at auction—When- ever it shall be made to appear to the Secretary Of any province or the commander of any military de- partment in the Philippine Islands that any lands within the province are saline in character, it shall be the duty of said provincial secretary or Commander, under the regulations Of the government Of the Phil- ippine Islands, to take testimony in reference to Such lands, to ascertain their true Character, and to re- port the same to the secretary of the interior for the Philippine Islands; and if upon such testimony the secretary of the interior shall find that such lands are saline and incapable Of being purchased under any of the laws relative to the public domain, then and in such case said lands shall be offered for sale at the office of the provincial secretary, or such other officer as by the said government may be described as mining recorder of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by Said gow- ernment and sold to the highest bidder for Cash at a price of not less than six pesos per hectare; and in case Such lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than six pesos per heC- tare, in the same manner as other lands in the Said islands are sold. All executive proclamations relating to the sales of public saline lands shall be published in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by said secretary of the in- terior. (July 1, 1902, c. 1369, § 58, 32 Stat. 705, amended, Feb. 6, 1905, c. 453, § 9, 33 Stat. 697.) § 3869. Iºſineral lands reserved—No Act grant- ing lands to provinces, districts, or municipalities to aid in the GOnstruction of roads, Or for Other public purposes, shall be so construed as to embrace mineral lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the Act Or Acts making the grant. (July 1, 1902, C. 1369, § 59, 32 Stat. 706.) - § 3870. Prior mining concessions—Nothing in this Act shall be COnStrued to affect the rightS Of any person, partnership, or corporation having a valid, perfected mining concession granted prior to April eleventh, eighteen hundred and ninety-nine, but all Such concessions shall be conducted under the pro- visions of the law in force at the time they were granted, subject at all times to Cancellation by rea- son of illegality in the procedure by which they were Obtained, or for failure to comply with the condi- tions prescribed as requisite to their retention in the laws under which they were granted: Provided, That the owner or owners of every such concession shall cause the corners made by its boundaries to be dis- tinctly marked with permanent monuments within six months after this Act has been promulgated in the Philippine Islands, and that any concessions the boundaries Of which are not so marked within this period shall be free and Open to explorations and purchase under the provisions of this Act. (July 1, 1902, c. 1369, § 60, 32 Stat. 706.) § 3871. Mining rights acquired only under aet—Mining rights on public lands in the Philippine Islands shall, after the passage of this Act, be ac- quired only in accordance with its provisions. (July 1, 1902, c. 1369, § 61, 32 Stat. 706.) § 3872. Cameellation of perfected concessions —All proceedings for the cancellation of perfected Spanish concessions shall be conducted in the courts of the Philippine Islands having jurisdiction of the [Page 5881 subject-matter and of the parties, unless the United States Philippine Commission, or its successOrS, Shall Create Special tribunals for the determination of such controversies. (July 1, 1902, c. 1369, § 62, 32 Stat. 706.) | AUTHORITY FOR THE PHILIPPINE ISLANDS GOVERNMENT TO PURCHASE LAND'S OF RELIGIOUS ORDERS AND OTFIERS AND ISSUE BONDS FOR PURCHASE PRICE § 3873. Authority to acquire real and per- sonal property; condemnation—The government of the Philippine Islands is hereby authorized, subject to the limitations and conditions prescribed in this Act, to acquire, receive, hold, maintain, and Convey title to real and personal property, and may acquire real estate for public uses by the exercise of the right of eminent domain. (July 1, 1902, c. 1369, § 63, 32 Stat. 706.) § 3874. Acquisition of property of religious orders—The powers hereinbefore conferred in Section Sixty-three may also be exercised in respect Of any lands, easements, appurtenances, and hereditaments which, On the thirteenth of August, eighteen hundred and ninety-eight, were owned or held by associations, Corporations, Communities, religious Orders, or private individuals in such large tracts or parcels and in Such manner as in the Opinion of the Commission in- juriously to affect the peace and welfare of the people of the Philippine Islands. And for the purpose of providing funds to acquire the lands mentioned in this section said government of the Philippine Islands is hereby empowered to incur indebtedness, to bor- row money, and to issue, and to Sell at not less than par value, in gold coin of the United States of the present standard value or the equivalent in value in money Of Said Islands, upon Such terms and COnditions as it may deem best, registered Or Coupon bonds Of Said government for Such amount as may be neC- essary, said bonds to be in denominations of fifty dollars or any multiple thereof bearing interest at a rate not exceeding four and a half per Centum per an- num, payable quarterly, and to be payable at the pleasure Of Said government after dates named in Said bonds not less than five nor more than thirty years from the date of their issue, together with interest thereon, in gold Coin of the United States of the pres- ent Standard Value Or the equivalent in Value in mon- ey of said Islands; and said bonds shall be exempt from the payment of all taxes or duties of said govern- ment, or any local authority therein, or of the Govern- ment of the United States, as well as from taxation in any form by or under State, municipal, or local au- thority in the United States or the Philippine Islands. The moneys which may be realized or received from the issue and Sale Of Said bonds shall be applied by the government of the Philippine Islands to the acqui- sition of the property authorized by this section, and to no other purposes. (July 1, 1902, c. 1369, § 64, 32 Stat. 706.) § 3875. Same; sale or lease of lands acquired —All lands acquired by virtue of the preceding section shall constitute a part and portion of the public prop- erty of the government of the Philippine Islands, and may be held, sold, and Conveyed, or leased tem- porarily for a period not exceeding three years after their acquisition by said government on such terms and conditions as it may prescribe, subject to the limitations and conditions provided for in this Act: Provided, That all deferred payments and the interest thereon shall be payable in the money prescribed for the payment of principal and interest of the bonds authorized to be issued in payment of said lands by the preceding section and said deferred payments shall bear interest at the rate borne by the bonds. All moneys realized or received from sales or other disposition of said lands or by reason thereof shall constitute a trust fund for the payment of principal and interest of said bonds, and also constitute a sinking fund for the payment of said bonds at their Ch. 3D) Ž 3884 THE TERRITORIES AND INSULAR POSSESSIONS [Page 589] maturity. Actual settlers and occupants at the time said lands are acquired by the government shall have the preference Over all others to lease, purchase, or acquire their holdings within Such reasonable time as may be determined by said government. (July 1, 1902, c. 1369, § 65, 32 Stat. 707.) - MUNICIPAL BoMDS FOR PUBLIC IMPROVEMENTS § 3876. Indebtedness for improvements; bornds —For the purpose of providing funds to construct necessary sewer and drainage facilities, to secure a sufficient supply of water and necessary buildings for primary public Schools in municipalities, the govern- ment of the Philippine Islands may, where current taxation is inadequate for the purpose, under such limitations, terms, and conditions as it may prescribe, authorize, by appropriate legislation, to be approved by the President of the United States, any municipal- ity of said islands to incur indebtedness, borrow money, and to issue and sell (at not less than par Value in gold Coin Of the United States) registered Or Coupon bonds, in such amount and payable at Such time as may be determined to be necessary by the government of said islands, with interest thereon not to exceed five per Centum per annum. (July 1, 1902, c. 1369, § 66, 32 Stat. 707, amended, Feb. 6, 1905, c. 453, § 3, 33 Stat. 690.) § 3877. Denominations of bonds—All municipal bonds shall be in denominations of fifty dollars, or any multiple thereof, bearing interest at a rate not eXceeding five per Centum per annum, payable quar- terly, such bonds to be payable at the pleasure of the government of the Philippine Islands, after dates named in Said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon, in gold coin of the United States of the present standard value, or its equivalent in value in money of the said Islands; and said bonds shall be exempt from the payment of all taxes Or duties Of the government Of the Philippine Islands, or any local authority therein, or the Government of the United States. (July 1, 1902, c. 1369, § 67, 32 Stat. 707.) - $ 3878. Use of funds from sale of bonds—All moneys which may be realized or received from the issue and Sale Of Said bonds shall be utilized under authorization of the government of the Philippine Islands in providing the municipal improvements and betterment which induced the issue and sale of said bonds, and for no other purpose. (July 1, 1902, c. 1369, § 68, 32 Stat. 708.) § 3879. Taxes to pay bonds; sinking fund– The government of the Philippine Islands shall, by the levy and collection of taxes on the municipality, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of the bonds of Such municipality, and shall Create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of is- sue: Provided, That if said bonds or any portion thereof shall be paid out of the funds of the govern- ment Of Said islands, such municipality shall reim- burse said government for the sum thus paid, and Said government is hereby empowered to collect said Sum by the levy and Collection of taxes on such munic- ipality. (July 1, 1902, c. 1369, § 69, 32 Stat. 708.) § 3880. Bonds for severs and water supply in Manila—For the purpose of providing funds to con- struct sewers in the city of Manila and to furnish it with an adequate Sewer and drainage system and supply of water the government of the Philippine Islands, with the approval of the President of the United States first had, is hereby authorized to per- p\}t the city of Manila to incur indebtedness, to bor- roW money, and to issue and sell (at not less than par Value in gold coin of the United States), upon such terms and conditions as it may deem best, registered Or COUpon bonds of the City of Manila to an amount not exceeding four million dollars lawful money of the United States, payable at such time or times as may be determined by said government, with interest thereon not to exceed five per centum per annum. (July 1, 1902, c. 1369, $ 70, 32 Stat. 708.) § 3881. Same; denomination; maturity—Said Coupon or registered bonds shall be in denominations Of fifty dollars or any multiple thereof, bearing inter- est at a rate not exceeding five per centum per an- num, payable quarterly, such bonds to be payable at the pleasure of the government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon in gold Coin of the United States of the present standard Value, or the equivalent in value in money Of the said Islands; and said bonds shall be exempt from the payment of all taxes Qr duties of the government of the Said Islands, or of any local authority therein, Or Of the Government Of the United States. (July 1, 1902, c. 1369, § 71, 32 Stat. 708.) § 3882. Same; use of funds from sale–All moneys which may be realized or received from the issue and sale of said bonds shall be utilized under authorization of said government of the Philippine Islands in providing a suitable sewer and drainage System and adequate Supply of water for the City Of Manila and for no other purpose. (July 1, 1902, c. 1369, $ 72, 32 Stat. 708.) § 3883. Same; taxes and sinking fund for , payment—The government of the Philippine Islands shall, by the levy and collection of taxes on the city of Manila, its inhabitants and their property, Or by Oth- er means, make adequate provision to meet the ob- ligation of said bonds and shall create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue: Provided, That if said bonds Or any portion thereof shall be paid out of the funds of the government of said islands, said city shall reimburse said government for the sum thus paid, and said government is hereby em- powered to Collect said sum by the levy and Col- lection of taxes on said city. (July 1, 1902, c. 1369, § 73, 32 Stat. 708.) - FRANCIHISES § 3884. Franchises; compensation for proper- ty taken or damaged—The government Of the Phil- ippine Islands may grant franchises and rights, in- cluding the authority to exercise the right of eminent domain, for the construction and Operation of Works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, in- Cluding Streets, highways, Squares, and reservations, and over similar property of the government of said islands, and may adopt rules and regulations under which the provincial and municipal governments of the islands may grant the right to use and occupy such public property belonging to said Provinces or municipalities: Provided, That no private property shall be damaged or taken for any purpose under this Section without just COmpensation, and that Such au- thority to take and OCCupy land Shall not authorize the taking, use, or Occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and that lands or right of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and rights under which they were granted or upon their revocation or repeal. That all franchis- es or rights granted under this Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair valuation equal to the par Value of the stock or bonds so issued; shall & 8885 (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS forbid the declaring of stock or bond dividends, and, in the case of public-service., corporations, shall pro- vide for the effective regulation of the charges there- of, for the official inspection and regulation of the books and accounts of such corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the Province, or municipality within which such fran- chises are granted and exercised: Provided further, That it shall be unlawful for any corporation organ- ized under this Act, or for any person, company, or corporation receiving any grant, franchise, Or Con- cession from the government of said islands, to use, employ, or contract for the labor of persons held in involuntary servitude; and any person, company, or corporation so violating the provisions of this Act shall forfeit all charters, grants, or franchises for doing business in Said islands, in an action or pro- ceeding brought for that purpose in any court of competent jurisdiction by any officer of the Philippine government, or on the complaint of any citizen of the Philippines, under such regulations and rules as the Philippine Legislature shall prescribe, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not more than $10,000. (Aug. 29, 1916, c. 416, § 28, 39 Stat. 555.) § 3885. Corporations not to engage in real estate business; ownership of real estate re- stricted—No corporation shall be authorized to con- duct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it is created, and every Corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in any wise interested in any other Corporation engaged in agriculture or in mining. Corporations, however, may loan funds lipOn real-estate Security and purchase real estate When necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not or- ganized in the Philippine Islands, and doing business therein, Shall be bound by the provisions of this sec- tion so far as they are applicable. (July 1, 1902, c. 1369, § 75, 32 Stat. 709.) - . FCOINAGE AND CURRENCY] § 3886. Mint at Manila—The government of the Philippine Islands is hereby authorized to establish a mint at the city of Manila, in said islands, for coin- age purposes, and the coins hereinafter authorized may be coined at said mint. And the said govern- ment is hereby authorized to enact laws necessary for such establishment: Provided, That the laws of the United States relating to mints and coinage, so far as applicable, are hereby extended to the coinage of said islands. (July 1, 1902, c. 1369, § 76, 32 Stat. 710.) § 3887. Subsidiary silver coins—The govern- ment Of the Philippine Islands is authorized to COin for use in said islands a coin. Of the denomination of fifty centavos and of the weight of two hundred and eight grains, a coin of the denomination of twenty centavos and of the weight of eighty-three and ten one-hundredths grains, and a coin of the denomina- tion of ten centavos and of the weight of forty-one and fifty-five One-hundredths grains; and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper. (July 1, 1902, c. 1369, § 77, 32 Stat. 710, amended, March 2, 1903, c. 980, § 4, 32 Stat. 953.) § 3888. Minor coins; legal tender—The gov- ernment of the Philippine Islands is also authorized to issue minor coins of the denominations of one-half . IPage 5901 - 1902, c. 1369, § 81, 32 Stat. 710.) of alloy, and the alloy shall be of COpper. centavo, one centavo, and five centavos, and Such minor coins shall be legal tender in said islands for amounts not exceeding one dollar. The alloy of the five-centavo piece shall be of copper and nickel, to be composed of three-fourths copper and one-fourth nick- el. The alloy of the One-centavo and one-half-centaWO pieces shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by said government. The weight of the five-centavo piece shall be seventy-seven and sixteen-hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the one-half-centavo piece forty grains troy. (July 1, 1902, c. 1369, § 79, 32 Stat. 710.) - - . - - - § 3889. Purchase of metal—For the purchase of metal for the subsidiary and minor Coinage, authoriz- ed by the preceding sections, an appropriation may be made by the government of the Philippine Islands from its current funds, which shall be reimbursed from the coinage under said sections; and the gain Or seigniorage arising therefrom shall be paid into the treasury of said Islands. (July 1, 1902, c. 1369, § 80, 32 Stat. 710.) - § 3890. Place of coinage—The subsidiary and minor coinage hereinbefore authorized may be coined at the mint of the government of the Philippine Islands at Manila, or arrangements may be made by the said government with the Secretary of the Treasury of the United States for their coinage at any of the mints of the United States, at a charge COvering the reasonable cost Of the work. (July 1, § 3891. Devices and inscriptions—The sub- sidiary and minor coinage hereinbefore authorized shall bear devices and inscriptions to be prescribed by the government of the Philippine Islands and such devices and inscriptions shall express the sovereignty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year Of º coinage. (July 1, 1902, c. 1369, § 82, 32 Stat. 711. - § 3892. Redemption and reissue of worn or defective coins—The government of the Philippine Islands shall have the power to make all necessary appropriations and all proper regulations for the redemption and reissue of worn or defective coins and for Carrying Out all other provisions Of this Act relat- ing to coinage. (July 1, 1902, c. 1369, § 83, 32 Stat. 711.) - § 3893. Gold peso; unit of value; legal ten- der—The unit of value in the Philippine Islands shall be the gold peso consisting of twelve and nine-tenths grains of gold, nine-tenths fine, said gold peso to be- come the unit of value when the government of the Philippine Islands shall have coined and ready for, or in, circulation not less than five million of the silver pesos hereinafter provided for in this Act, and the gold coins Of the United States at the rate of One dollar for two pesos hereinafter authorized to be coined shall be legal tender for all debts, public and private, in the Philippine Islands. (March 2, 1903, c. 980, § 1, 32 Stat. 952.) . w - • § 3894. Silver peso—In addition to the coinage authorized for use in the Philippine Islands by the Act of July first, nineteen hundred and two, entitled “An Act temporarily to provide for the administra- tion of the affairs of civil government in the Philip- pine Islands, and for other purposes,” the government of the Philippine Islands is authorized to coin to an amount not exceeding seventy-five million pesos, for use in said islands, a silver coin of the denomination of one peso and of the weight of four hundred and sixteen grains, and the standard of Said silver Coins shall be such that of one thousand parts, by Weight, nine hundred shall be of pure metal and One hundred (March 2, 1903, c. 980, § 2, 32 Stat. 953.) § 3895. Same; legal tender—The silver Philip- pine peso authorized by this Act shall be legal tender Ch. 3D) # 3903 THE TERRITORIES AND INSULAR POSSESSIONS [Page 5911 . in the Philippine Islands for all debts, public and private, unless otherwise Specifically provided by Con- tract: Provided, That debts contracted prior to the thirty-first day of December, nineteen hundred and three, may be paid in the legal-tender currency of said islands existing at the time of the making of said Contracts, unless Otherwise expressly provided by COn- tract. (March 2, 1903, c. 980, § 3, 32 Stat. 953.) § 3896. Same; purchase of silver bullion; re- coinage; legal tender—The Philippine peso herein authorized and the subsidiary silver, coins authorized by section seventy-seven of the Act of July first, nine- teen hundred and two, as amended by the preceding section of this Act, shall be coined under the authority of the government of the Philippine Islands in such amounts as it may determine, with the approval of the Secretary of War of the United States, except as lim- ited in section two of this Act, from silver bullion pur- chased by said government, with the approval of the Secretary of War of the United States: Provided, That said government may, in its discretion, in lieu of the purchase of bullion, recoin any of the Silver Coins now, in or hereafter received by the treasury of the government of the Philippine Islands into the coins provided for in this Act or in the Act of July first, nineteen hundred and two, as herein almended, at such rate and under such regulations as it may prescribe ; and the subsidiary silver coins authorized by this Act and by the Act of July first, nineteen hundred and two, shall be legal tender in said islands to the amount of ten dollars. (March 2, 1903, c. 980, § 5, 32 Stat. 953.) § 3897. Application of previous provisions to coinage authorized; parity between silver and gold peso—The coinage authorized by this Act shall be subject to the conditions and limitations of the provisions of the Act of July first, nineteen hundred and two, entitled “An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,” ex- cept as herein otherwise provided; and the govern- ment of the Philippine Islands may adopt such meas- ures as it may deem proper, not inconsistent With Said Act of July first, nineteen hundred and two, to main- tain the value of the silver Philippine peso at the rate of one gold peso, and in order to maintain Such parity between said silver Philippine pesos and the gold pesos herein provided for, and for no other purpose, may issue temporary certificates of indebtedness, bear- ing interest at a rate not to exceed four per centum annually, payable at periods of three months Or more, but not later than one year from the date of iSSue, which shall be in the denominations of twenty-five dollars, or fifty pesos, or some multiple of Such Süm, and shall be redeemable in gold coin of the United States, or in lawful money of said islands, a CCOrding to the terms of issue prescribed by the government of said islands ; but the amount Of Such Certificates Out- standing at any one time shall not exceed ten million dollars, or twenty million pesos, and said certificates shall be exempt from the payment of all taxes or du- ties of the government of the Philippine Islands, or any local authority therein, or of the Government Of the United States, as well as from taxation in any form by Or under any State, municipal, Or local authority in the United States or the Philippine Islands; Pro- vided, That all the proceeds of said certificates shall be used exclusively for the maintenance of said parity, as herein provided, and for no other purpose, except that a Sum not exceeding three million dollars at any One time may be used as a continuing credit for the purchase of silver bullion in execution of the provi- § of this Act. (March 2, 1903, c. 980, § 6, 32 Stat. § 3898. Silver coins previously in use receiva- ble for public dues—The Mexican silver dollar now in use in the Philippine Islands and the silver coins heretofore issued by the Spanish Government for use of its lawful reserve: in said islands shall be receivable for public dues at a rate to be fixed from time to time by the proclama- tion of the civil governor of said lands until such date, not earlier than the first day of January, nine- teen hundred and four, as may be fixed by public proC- lamation of said civil governor, when such coins shall cease to be so receivable: Provided, That the public Offices of the government of said islands shall give a preference for all public dues to the silver pesos and the silver certificates authorized by this Act, and may at any time refuse to receive such Mexican dol- lars and Spanish coins as may appear to be counter- feit or defective. (March 2, 1903, c. 980, § 7, 32 Stat. 954.) § 3899. Silver peso; silver certificates—The treasurer of the Philippine Islands is hereby authoriz- ed, in his discretion, to receive at the treasury of the government of the said islands or any of its branches deposits of the standard silver coins of one peso au- thorized by this Act to be coined, in sums of not less than twenty pesos, Philippine currency, and to issue certificates therefor in denominations of not less than two pesos nor more than five hundred pesos, and coin so deposited shall be retained in the treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates, shall be receivable for customs, taxes, and for all public dues in the Philippine Islands, and when SO received may be reissued, and when held by any banking as- sociation in said islands may be counted as a part . Provided, That the treasurer of the Philippine Islands, with the approval Of the governor-general, may substitute for any part Of Such silver pesos hereafter deposited, gold coin of the Unit- ed States legally equivalent in value, and redeem the certificates hereafter issued in either silver pesos Or such gold coin of equivalent value at the Option Of the Treasurer: Provided further, That the amount Of gold coin held in such reserve shall not at any time exceed sixty per centum of the total amount of Cer- tificates outstanding. (March 2, 1903, c. 980, § 8, 32 Stat. 954, amended, Feb. 6, 1905, c. 453, § 10, 33 Stat. 697, and June 23, 1906, c. 3521, § 2, 34 Stat. 453.) § 3900. Same; purchase of metal—For the pur- chase of metal for the silver Philippine peso authoriz- ed by this Act, an appropriation may be made by the government of the Philippine Islands from its current funds, or as hereinbefore authorized, which Shall be reimbursed from the coinage under said Sections. (March 2, 1903, c. 980, § 9, 32 Stat. 954.) - § 3901. Same; place of coinage—The Silver Philippine pesos hereinbefore authorized may be coin- ed at the mint of the government of the Philippine Islands at Manila, or arrangements may be made by the said government with the Secretary of the Treas- ury of the United States for their coinage or any portion thereof at any of the mints of the United States, at a charge covering the reasonable cost of the work. (March 2, 1903, c. 980, § 10, 32 Stat. 954.) § 3902. Same; devices and inscriptions—The silver Philippine peso hereinbefore authorized shall bear devices and inscriptions to be prescribed by the government of the Philippine Islands, and Such de- vices and inscriptions shall express the SOVereignty of the United States, that it is a coin of the Philip- pine Islands, the denomination of the coin, and the year of the coinage. (March 2, 1903, c. 980, § 11, 32 Stat. 954.) § 3903. Drawings, designs, and plates—The Secretary of the Treasury is hereby authorized and directed, when requested by the government of the Philippine Islands, to cause to be made and pre- pared any drawings, designs, and plates, and ex- ecute any coinage, engraving, or printing of notes and certificates authorized by this Act, and to make a proper charge for the same, covering as nearly as may be the actual cost, which shall be defrayed from the . 3 8904 (Tit. 23 TEIE TERRITORIES AND INSUIAR POSSESSIONS [Page 592] revenues of said islands. 32 Stat. 954.) § 3904. Change in weight and fineness of sil- ver coins—With the approval of the President of the United States, the government of the Philippine Islands is hereby authorized, whenever in its opinion such action is desirable, in order to carry Out the provisions of section six of the Act approved March second, nineteen hundred and three, entitled “An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands,” to change the weight and fineness of the silver COinS au- thorized by said Act, and may in its discretion pro- vide a weight and fineness proportionately less for subsidiary coins than for the standard Philippine pesos, and may also in its discretion recoin any Of the existing coins of the Philippine Islands at the new Weight and fineness when Such coins are receiv- ed into the Treasury or into the gold standard fund of the Philippine Islands: Provided, That the weight and fineness of the silver peso to be coined in a C- Cordance with the provisions of this section shall not be reduced below seven hundred parts of pure silver to three hundred of alloy. (June 23, 1906, c. 3521, § 1, 34 Stat. 453.) § 3905. Shipping, customs duties, seamen, health, laws—That the laws relating to entry, clear- ance, and manifest of steamships and other vessels arriving from or going to foreign ports shall apply to Voyages each way between the Philippine Islands and the United States and the possessions thereof, and all laws relating to the Collection and protection of Customs duties not inconsistent with the Act of Con- gress of March eighth, nineteen hundred and two, “temporarily to provide revenue for the Philippine Is- lands,” shall apply in the case of vessels and goods arriving from Said Islands in the United States and its aforesaid possessions. The laws relating to seamen on foreign voyages Shall apply to seamen on vessels going from the Unit- ed States and its possessions aforesaid to said Islands, the customs officers there being for this purpose sub- Stituted for consular Officers in foreign ports. The provisions of chapters six and seven, title forty- eight, Revised Statutes, so far as now in force, and any amendments thereof, shall apply to vessels mak- ing voyages either way between ports of the United States Or its aforesaid possessions and ports in said Islands; and the provisions of law relating to the public health and quarantine shall apply in the case of all vessels entering a port of the United States or its aforesaid possessions from said Islands, where the customs Officers at the port of departure shall perform the duties required by such law of consular Officers in foreign portS. * Section three thousand and five, Revised Statutes, as amended, and other existing laws concerning the transit of merchandise through the United States, shall apply to merchandise arriving at any port of the United States destined for any of its insular and continental possessions, or destined from any of them to foreign Countries. Nothing in this Act shall be held to repeal or al- ter any part of the Act of March eighth, nineteen hundred and two, aforesaid, or to apply to Guam, Tutuila, or Manua, except that section eight of an Act entitled “An Act to revise and amend the tariff laws of the Philippine Archipelago,” enacted by the Philippine Commission on the seventeenth of Sep- tember, nineteen hundred and One, and approved by an Act entitled “An Act temporarily to provide revenues for the Philippine Islands, and for other purposes,” approved March eighth, nineteen hundred and two, is hereby amended so as to authorize the Civil Gov- ermor thereof in his discretion to establish the equiva- (March 2, 1903, c. 980, § 12, lent rates of the money in circulation in said Islands . with the money of the United States as Often as once in ten days. (July 1, 1902, c. 1369, § 84, 32 Stat. 711.) § 3906. [Superseded.] . This section, requiring laws passed by the Philippine Government to be reported to Congress, and requiring the Commission to make reports to the Secretary of War, was superseded by §§ 3814f, 3817d. § 3907. Government bonds; exemption from taxation—All bonds issued by the government Of the Philippine Islands, or by its authority, shall be ex- empt from taxation by the government of the United States, or by the government of the Philippine IS- lands or of any political or municipal subdivision thereof, or by any State, or by any county, municipal- ity, or other municipal subdivision of any State Or Territory of the United States, or by the District of Columbia. (Feb. 6, 1905, c. 453, § 1, 33 Stat. 689.) § 3908. Same; issue for public improvements —For the purpose of providing funds to construct port and harbor works, bridges, roads, buildings for pro- Vincial and municipal Schools, Court-houses, penal in- stitutions, and other public improvements for the de- velopment of the Philippine Islands by the general government thereof, the said government is authorized from time to time to incur indebtedness, borrow mon- ey, and to issue and sell therefor (at not less than par value in gold coin of the United States) registered or coupon bonds of such denominations and payable at Such time Or times, not later than forty years after the date of the approval of this Act, as may be de- termined by said government, with interest thereon not to exceed four and one-half per Centum per an- num : Provided, That the entire indebtedness of said government created by the authority conferred by this section shall not exceed at any one time the sum of five million dollars: And provided further, That the law of Said government creating the indebtedness and authorizing the issue of the bonds under this sec- tion shall be approved by the President of the United States. (Feb. 6, 1905, c. 453, § 2, 33 Stat. 689.) § 3909. Guarantee of railroad bonds; con- tract of guaranty–For the purpose of aiding in the Construction, equipment, operation, and maintenance of such railroads, using steam, electricity, or Other power, in the Philippine Islands as the Philippine government may hereafter specifically authorize, the said government is empowered to enter into a COn- tract of guaranty with any railroad company organ- ized pursuant to the laws of said government or of the United States or any state thereof undertaking to Construct, equip, Operate, and maintain any such railroad, whereby the said government shall guaran- tee interest, at not exceeding four per centum per annum upon first lien bonds to be issued by such company, properly secured by mortgage or deed of trust upon the said railroad, its equipment, franchises, and other property, real, personal, and mixed, then Owned and thereafter to be acquired. Such contract of guaranty shall be signed on behalf Of Said government by the governor-general thereof, and on behalf of the railroad company undertaking the construction, equipment, maintenance, and Op- eration of said railroad by the chief officer thereof, thereunto duly authorized by the stockholders and directors of the same, and shall contain, among others, the following provisions: First. That the total amount Of bonds the inter- est upon Which is to be guaranteed shall in no event eXCeed the amount actually invested in Cash in the Construction and equipment of such railroad, to be determined as hereinafter provided. Second. That no debt except as above provided shall be incurred by the said undertaking railroad Company, its successors Or assigns, by which a lien shall be created upon such railroad, its equipment Or other property, prior to the lien of Said government to secure the repayment of the interest paid by it under said guaranty Without the consent Of Congress. Third. That the said railroad shall be constructed and equipped within the time limited in the first in- stance by the Philippine government, or any exten- Ch. 3D) 3 3915 TEIE TERRITORIES AND INSULAR POSSESSIONS [Page 593] sion of said time granted by said government for good CauSe ShoWn. Fourth. That after the construction and equipment of Said railroad in accordance with the foregoing provisions and all others Of the contract of guaranty, the railroad shall apply its gross earnings as follows: First, to the necessary operating expenses, including reasonable expenses of the Corporation ; Second, to the necessary and ordinary repairs of said railroad and its equipment; third, to such betterments and ex- traordinary repairs of said railroad or equipment as may be first by the governor-general of the islands, in Writing, expressly consented to ; fourth, to the pay- ment of the interest on the bonds, the interest On Which to any extent shall have been guaranteed by the Philippine government under this section. The contract of guaranty shall be in substance in- dorsed upon said bonds and signed by the treasurer Of Said government, and the said contract of guaranty Shall not be executed except upon satisfactory proof Of the Completion of the railroad in sections Of not less than twenty continuous miles each, and in such proportion, to be fixed from time to time by Said gOVernment, as the actual capital invested in COm- pleted road and acquired equipment shall bear to the Capital required for the completion and equip- ment of the entire road, to be determined by the Said government. All payments made under any such guaranty shall be from the time the same are paid a lien upon said railroad and its property then owned and thereafter to be acquired subject only to the lien of the mort- gage Or deed of trust executed to Secure the bonds, the interest upon which shall have been so guaran- teed, and the total sum paid under such guaranty shall at the expiration thereof be payable to said Philippine government upon demand, and in default Of Such payment the said lien shall be immediately foreclosable. Provided, That in no event shall the total annual COntingent liability of said government under the guaranties authorized by this section at any time ex- Ceed the sum of one million two hundred thousand dollars, and no such guaranty shall continue for a longer period than thirty years. For the further security of the Philippine govern- ment Said government shall declare the proper rules for ascertaining clearly the cash capital actually in- Wested in said railroads and the net income actually received on said capital so invested, and shall pro- Wide for Supervision by said Philippine government, through the auditing, engineering and railroad bu- reaus thereof and by such other agencies as may be fixed by law, of the conduct Of the finances of the road, and of its location, construction, operation, and maintenance. e The Philippine government shall appoint two mem- bers Of the board of directors of any undertaking Com- pany the interest On whose bonds shall be guaranteed aS provided in this Section. Each such railroad COImpany shall make such re- ports from time to time as to its receipts and ex- penditures, in such form and Substance and sworn to by Such officials, as may be prescribed by the Phil- ippine government. The supreme court of the Philippine Islands shall have original and exclusive jurisdiction in all actions, proceedings or suits at law or in equity brought by the Philippine government against any person or cor- poration involving the construction of this Section or any right existing under, duty enjoined or act prohibited by said section or any contract made in pursuance thereof; and jurisdiction is hereby vested in the supreme Court to make Such Order, to enter COM.P.S.T.’18–38 such judgment decree and to take such proceedings in enforcement thereof as may be proper. During the vacations of said court the chief justice or any judge thereof shall have all the power to grant restraining Orders, orders of injunction, to appoint receivers, Or to do any other act under authority herein granted, that a judge of a court of general jurisdiction may do in the vacation of court. Section seventy-four of an Act entitled “An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,” approved July first, nine- teen hundred and two, so far as the same is not in Conflict with the provisions of this section, is hereby made applicable to the corporations the interest up- On Whose bonds or any part thereof shall be guaran- teed under the provisions hereof. (Feb. 6, 1905, c. 453, § 4, 33 Stat. 690.) § 3910. Railroad material admitted free of duty—Material imported into the Philippine Islands for the construction and equipment of railroads there- in may, in the discretion of the general government Of said islands, under rules and regulations to be by it prescribed, be admitted free of duty. (Feb. 6, 1905, c. 453, § 5, 33 Stat. 692.) § 3911. Administration of immigration laws— That the immigration laws of the United States in force in the Philippine Islands shall be administered by the Officers of the general government thereof des- ignated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands Shall not be covered into the general fund of the Treasury of the United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands. (Feb. 6, 1905, c. 453, § 6, 33 Stat. 692.) § 3912. Temporary regulation of transporta- tion of merchandise and passengers—Until Con- gress shall have authorized the registry as vessels of the United States of vessels Owned in the Philippine Islands, the government of the Philippine Islands is hereby authorized to adopt, from time to time, and enforce regulations governing the transportation of ImerChandise and passengers between ports or places in the Philippine Archipelago. (April 29, 1908, c. 152, § 1, 35 Stat. 70.) § 3913. Restrictions on transportation of pas- sengers and merchandise not applicable to cer- tain foreign vessels—The provisions of law restrict- ing to vessels of the United States the transportation Of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign VeSSels engaging in trade between the Philippine [s- lands and the United States. (April 29, 1908, c. 152, § 3, 35 Stat. 70.) § 3914. Licenses to certain vessels—The Philip- pine Commission shall be authorized and empowered to issue licenses to engage in lighterage or other ex- clusively harbor business to vessels or other craft ac- tually engaged in Such business at the date of the passage of this Act and to Vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhab- itants of the Philippine Islands. (April 29, 1908, C. 152, § 4, 35 Stat. 70.) § 3915. Administration of navigation laws— Such of the navigation laws Of the United States as are in force in the Philippine Islands in regard to ves- sels arriving in the Philippine Islands from the main- land territory and Other insular possessions of the United States shall continue to be administered by the proper officials of the government of the Philippine Islands. (April 29, 1908, c. 152, § 5, 35 Stat. 70.) § 3916. (Tit. 23 THE TERRITORIES AND INSULAR POSSESSIONS * [Page 594] * Chapter Three E–Guano Islands 3916. Claim of United States to islands. Notice of discovery, and proofs. . Completion of proof on death of discoverer. 3919. Exclusive privileges of discoverer. Restrictions upon exportation. 3921. Regulation of trade. Criminal jurisdiction. 3923. Employment of land and naval forces. 3924. Right to abandon islands. § 3916. Claim of United States to islands— Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other govern- ment, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be COnsidered as appertaining to the United States. (R. S. § 5570.) § 3917. Notice of discovery, and proofs—The discoverer shall, as soon as practicable, give notice, verified by affidavit, to the Department of State, Of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longi- tude thereof, as near as may be, and showing that such possession was taken in the name of the United States ; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the tak- ing possession and occupation thereof by the claim- ants, in the possession or occupation of any other gov- ernment or of the citizens of any other government, before the same shall be considered as appertaining to the United States. (R. S. § 5571.) § 3918. Completion of proof on death of dis- coverer—If the discoverer dies before perfecting proof of discovery or fully complying with the provisions Of the preceding section, his widow, heir, executor, or administrator, shall be entitled to the benefits of Such discovery, upon complying with the provisions of this Title; but nothing herein shall [be held to impair any rights of discovery] or any assignment by a discoverer heretofore recognized by the United States. (R. S. § :5572.) - § 3919. Exclusive privileges of discoverer— The discoverer, or his assigns, being citizens of the |United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such island, rocks, or keys, for the purpose of obtaining guano, and Of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a stim not exceeding eight dollars per ton for the best quality, or four dollars for every ton #; while in its native place of deposit. (R. S. § 73. § 3920. Restrictions upon exportation—No guano shall be taken from any Such island, rock, Or key, except for the use of the citizens of the United States Or Of persons resident therein. The discover- er, or his widow, heir, executor, administrator, or as- signs, shall enter into bond, in such penalty and with Such Sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none oth- ers, and at the price prescribed, and to provide all Inecessary facilities for that purpose within a time to be fixed in the bond ; and any breach of the pro- visions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all persons who have Complied with the provisions of this Title, for five years from and after the four- teenth day of July, eighteen hundred and seventy-two. (R. S. § 5574.) § 3921. Regulation of trade—The introduction of guano from such islands, rocks, or keys, shall be regu- lated as in the coasting-trade between different parts , the vessels concerned therein. of the United States, and the same laws shall govern (R. S. § 5575.) $$. § 3922. Criminal jurisdiction—All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed commit- ted on the high seas, On board a merchant-ship Or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses On the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. (R. S. § 5576.) * § 3.923. Employment of land and naval forces —The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his wid- ow, heir, executor, administrator, or assigns. (R. S. § 5577.) dº § 3924. Right to abandon islands—Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been re- moved from the same. (R. S. § 5578.) Chapter Three F-The Virgin Islands (The Danish West Indies) Sec. 3924%a. Jurisdiction; governor. - - 3924%b. Local laws continued; courts; appeals and Writs of eI*I'OI". 39241/4C. Customs duties and internal revenue taxes. 392444d. Tax laws continued; tax on Sugar. 3924%.e. Use and disposition of duties and taxes collected. 392.41%f. Appropriation; expense of taking over Islands. 392444.g. Same; payment for Islands. 392414.h. Time of taking effect of act. § 39.2434a. Jurisdiction; governor—Except as Hereinafter provided, all military, civil, and judicial powers necessary to govern the West Indian Islands acquired from Denmark shall be vested in a governor and in such person or persons as the President may appoint, and shall be exercised in such manner as the President shall direct until Congress shall provide for the government of said islands: Provided, That the President may assign an officer of the Army Or Navy to serve as such governor and perform the duties appertaining to said office: And provided fur- ther, That the governor of the said islands shall be appointed by and with the advice and consent of the Senate: And provided further, That the compensation of all persons appointed under this Act shall be fixed by the President. (March 3, 1917, c. 171, § 1, 39 Stat. 1132.) § 39.24%b. Local laws continued; courts; ap- peals and writs of error—Until Congress shall oth- erwise provide, in so far as compatible With the changed sovereignty and not in conflict with the pro- visions of this Act, the laws regulating elections and the electoral franchise as set forth in the code of laws published at Amalienborg the sixth day Of April, nineteen hundred and six, and the other local laws, in force and effect in said islands on the seventeenth day of January, nineteen hundred and seventeen, shall rè- main in force and effect in said islands, and the Same shall be administered by the civil officials and through the local judicial tribunals established in Said is- lands, respectively; and the orders, judgments, and decrees of said judicial tribunals shall be duly en- forced. With the approval of the President, or un- der Such rules and regulations as the President may prescribe, any of said laws may be repealed, altered, or amended by the Colonial Council having jurisdiction. The jurisdiction of the judicial tribunals of said is- lands shall extend to all judicial proceedings and controversies in said islands to which the United States or any citizen thereof may be a party. In all cases arising in the said West Indian Islands and now reviewable by the courts of Denmark, writs Of error and appeals shall be to the Circuit Court of Appeals for the Third Circuit, and, except as provid- Ch. 3F) & B924%h THE TERRITORIES AND INSULAR POSSESSIONS [Page 595] ed in sections two hundred and thirty-nine and two hindred and forty of the Judicial Code, the judg- ments, orders, and decrees of such court shall be final in all Such cases. (March 3, 1917, c. 171, § 2, 39 Stat. 1132.) § 39.24%.c. Customs duties and internal-reve- nue taxes—On and after the passage Of this Act there Shall be levied, Collected, and paid upon all articles Coming into the United States or its possessions, from the West Indian Islands ceded to the United States by Denmark, the rates of duty and internal-revenue taxes which are required to be levied, collected, and paid upon like articles imported from foreign coun- tries: Provided, That all articles, the growth or prod- uct of, or manufactured in such islands from ma- terials the growth or product of such islands or of the United States, or of both, or which do not contain foreign materials to the value of more than twenty per Centum of their total value, upon which no draw- . back of Customs duties has been allowed therein, Com- ing into the United States from such islands shall hereafter be admitted free of duty. (March 3, 1917, c. 171, § 3, 39 Stat. 1133.) - § 39.2434d. Tax laws continued; tax on sugar —Until Congress shall otherwise provide all laws now imposing taxes in the said West Indian Islands, including the customs laws and regulations, shall, in so far as compatible with the changed Sovereignty and not otherwise herein provided, continue in force and effect, except that articles the growth, product, or manufacture of the United States shall be admit- ted there free of duty: Provided, That upon exporta- tion of Sugar to any foreign Country, Or the shipment thereof to the United States Or any of its possessions, there shall be levied, Collected, and paid thereon an export duty of $8 per ton of two thousand pounds irrespective of polariscope test, in lieu of any export tax now required by law. 4, 39 Stat. 1133.) § 3924.34e. Use and disposition of duties and taxes collected—The duties and taxes Collected in pursuance of this Act shall not be covered into the general fund of the Treasury of the United States, but shall be used and expended for the government and benefit of said islands under Such rules and regula- tions as the President may prescribe. (March 3, 1917, c. 171, § 5, 39 Stat. 1133.) § 3924%f. Appropriation; expense of taking over Islands—For the purpose of taking Over and occupying said islands and of carrying this Act into effect and to meet any deficit in the revenues of the said islands resulting from the provisions of this Act the sum Of $100,000 is hereby appropriated, to be paid out of any moneys in the Treasury not other- wise appropriated, and to be applied under the direction of the President Of the United States. (March 3, 1917, c. 171, § 6, 39 Stat. 1133.) § 3924%g. Same; payment for Islands—The sum of $25,000,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be paid in the city of Washington to the diplomatic representative or other agent of His Majesty the (March 3, 1917, c. 171, § King of . Denmark duly authorized to receive said ImOney, In full COnSideration of the cession of the Danish West Indian Islands to the United States Imade by the Convention between the United States Of America and His Majesty the King of Denmark entered into August fourth, nineteen hundred and Sixteen, and ratified by the Senate of the United States on the seventh day Of September, nineteen hun- dred and sixteen. (March 3, 1917, c. 171, § 7, 39 Stat. 1133.) - - § 392.4%h. Time of taking effect of act—This Act, with the exception of section Seven, Shall be in force and effect and become operative immediately upon the payment by the United States of said sum of $25,000,000. The fact and date of such payment shall thereupon be made public by a proclamation issued by the President and published in the said Danish West Indian Islands and in the United States. Section Seven shall become immediately effective and the appropriation thereby provided for shall be im- mediately available. (March 3, 1917, c. 171, § 8, 39 Stat. 1133.) - * Proclamation issued under this section. dated March 31, 1917, as follows: 2 - 'Whereas, by Article 5 of the Convention between the TJnited States and Denmark for the cession of the Danish West Indian Islands to the United States, the United States agrees to pay, in full consideration of the cession made by the said Convention, within ninety (90) days from the exchange of the ratifications of the said Conven- tion, in. the City of Washington, to the diplomatic rep- resentative or other agent of His Majesty, the King of Denmark, duly authorized to receive the money, the Sun) of twenty-five million dollars ($25,000,000) in gold. Coin of the United States; - - “And whereas, the ratifications of the said Convention ºf exchanged at the City of Washington on January 17, , “And whereas, by section 7 of the Act of Congress, ap- proved March 3, 1917, entitled “An Act to provide a tem- porary government for the West Indian Islands acquired by the United States from Denmark by the Convention entered into between the said countries on the fourth day of August, nineteen hundred and sixteen, and ratified by the Senate of the United States on the seventh day of September, nineteen hundred and sixteen, and for other purposes,’ the sum of twenty-five million dollars ($25,000,000) was appropriated to be paid in the City of Washington to the diplomatic representative or other agent of His Maj- esty the King of Denmark duly authorized to receive said money, in full consideration of the cession of the Danish West Indian Islands to the United States made by the said Convention : - * “And whereas, in conformity with said Convention and Said Act of Congress, the sum of twenty-five miillion dol- lars ($25,000,000) was on this day paid to Mr. Constantin Brun, Envoy Extraordinary and Minister Plenipotentiary of Denmark at Washington as the Agent duly authorized by the Government of Denmark to receive the money; “And whereas, by Section 8 of the said Act of Con- gress approved March 3, 1917, the fact and date of such payment shall be made public by a proclamation issued by the President and published in the said Danish West Indian Islands and in the United States. “Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, do hereby pro- claim and publish that the sum of twenty-five million dollars ($25,000,000) has this day been paid to the au- thorized Agent of His Majesty the P&ing of Denmark in full consideration of the cession of the Danish West Indian Islands to the United States made by the Conven- tion between the United States of America, and His Maj- esty the King of Denmark, concluded August 4, 1916.” - TITLE XXIV—CIVIL RIGHTS - . wº 3925. Equal rights under the law. - 3926. Same; in inns, public conveyances and places of amuse- ment. 3927. Same; penalty; election of remedy. . 3928. Same; jurisdiction of prosecutions and actions. 3929. Exclusion of jurors on account of race or color. 3930. Equal rights; review of proceedings. 3931. Property rights of citizens. - 3932. Civil action for deprivation of rights. - 3933. (1) cºacles preventing officer from performing uties. . (2) Same; to intimidate party, witness or juror, or ob- struct justice. - - (3) Same; to deprive citizen of rights or privileges. 3934. Same; action for neglect to prevent. 3935. Prosecution of violation of certain laws. 3936. Commissioners. 3937. Same; appointment of persons to execute Warrants. 3938. Marshal; to obey precepts. , * 3939. Same; refusing to receive or execute process. 3940. Fees; certain officers. 3941. Same; persons appointed to execute process. 3942. Speedy trial. - . 3943. Aid of military and naval forces. 3944. Peonage abolished. 3945. Same; enforcement. § 3.925. Equal rights under the law—All per- SOns within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce Contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (R. S. § 1977.) § 3926. Saime; in inxms, public conveyances and places of amusement—All persons within the juris- diction Of the United States shall be entitled to the full and equal enjoyment Of the acCOmmodations, ad- Vantages, facilities, and privileges of inns, public Con- veyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless' Of any previous COndition of Servitude. 1875, c. 114, § 1, 18 Stat. 335.) . § 3927. Same; penalty'; election of remedy– Any person who shall violate the foregoing section by denying to any Citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of Servitude, the full enjoyment of any of the accommodations, ad- vantages, facilities, or privileges in said section enu- merated, or by aiding or inciting such denial, shall, for every such Offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall (March 1, be fined not less than five hundred nor more than . One thousand dollars, Or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for the penalty aforesaid Or to proceed under their rights at Common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdićtion shall be barred. But this proviso shall not apply to Criminal proceedings, either under this act Or the Criminal law of any State: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. (March 1, 1875, c. 114, § 2, 18 Stat. 336.) § 3928. Same; and actions—The district [and Circuit] courts of the TJnited States shall have, exclusively Of the Courts of the several States, cognizance Of all Crimes and Of- fenses against, and Violations Of, the provisions of . jurisdiction of prosecutions this act; and , actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States where- ever the defendant may be found, without regard to the other party; and the district attorneys, marshals, and deputy marshals of the United States, and COm- missioners appointed by the circuit and territorial Courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws of the United States, are hereby specially authorized and required to institute, proceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned Or bail- ed, as the case may be, for trial before such Court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceed- ings to be prosecuted to their termination as in other cases: Provided, That nothing contained in this Sec- tion shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any district at- torney who shall willfully fail to institute and prose- cute the proceedings herein required, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be re- covered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the party aggrieved against any such district attor- ney, or a judgment upon an indictment against any . such district attorney, shall be a bar to either prose- cution respectively. (March 1, 1875, c. 114, § 8, 18 Stat. 336.) - Text in brackets superseded by §§ 1266–1269. Jurisdic- tion of suits, see § 991 (14); jurisdiction of appeals, see §§ 1120, 1215, 1216. § 3929. Exclusion of jurors on account of race or color—No citizen possessing all other quali- fications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, On account of race, color, or previous condition of servi- tude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deem- ed guilty of a misdemeanor, and be fined not more than five thousand dollars. (March 1, 1875, c. 114, § 4, 18 Stat. 336.) See § 1255. § 3930. Equal rights; review of proceedings-- Aºi cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without re- gard to the sum in controversy under the same pro- visions and regulations as are now provided by law for the review of other causes in said court. (March 1, 1875, c. 114, § 5, 18 Stat. 337.) - See § 3928, and note. § 3.931. Property rights of citizens—All Citi- zens of the United States shall have the same right, in every State and Territory, as is enjoyed by White citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. (R. S. § 1978.) § 3932. Civil action for deprivation of rights —£very person who, under color of any statute, Ordi- nance, regulation, custom, or usage, of any State Or Territory, subjects, or causes to be subjected, any citizen of the United States or other person Within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Con- stitution and laws, shall be liable to the party injured [Page 5961 Tit.24) & 3940 CIVIL RIGHTS [Page 597I in an action at law, suit in equity, or other proper proceeding for redress. (R. S. § 1979.) § 3933. (1) Conspiracies; preventing officer from performing duties—First. If two Or more per- sons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from a C- cepting or holding any office, trust, or place of COn- fidence under the United States, or from discharging any duties thereof; or to induce by like means any Officer of the United States to leave any State, dis- trict, or place, where his duties as an Officer are re- quired to be performed, or to injure him in his perSon or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the dis- charge of his Official duties; (2) Same; to intimidate party, witness or ju- ror, or obstruct justice—Second. If two Or more persons in any State or Territory Conspire to deter, by force, intimidation, or threat, any party Or wit- ness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person. Or property on a C- count of his having so attended or testified, Or to in- fluence the verdict, presentment, or indictment of any grand Or petit juror in any such court, Or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Ter- ritory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his prop- erty for lawfully enforcing, or attempting to en- force, the right of any person, or class of persons, to the equal protection of the laws; (3) Same; to deprive citizen of rights or priv- ileges—Third. If two or more persons in any State or Territory conspire, or go in disguise on the high- way or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing Or hin- dering the constituted authorities of any State or Ter- ritory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his Support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a mem- ber of Congress of the United States; or to injure any Citizen in person or property On account of such Sup- port or advocacy ; in any case of conspiracy set forth in this section, if one or more persons engaged there- in do, Oi cause to be done, any act in furtherance of the object of such conspiracy, whereby another is in- jured in his person or property, Or deprived. Of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, OC- casioned by such injury or deprivation, against any one or more of the conspirators. (R. S. § 1980.) § 3934. Same; action for neglect to prevent— Every person who, having knowledge. that any of the Wrongs conspired to be done, and mentioned in the preceding section, are about to be committed, and having power to prevent or aid in preventing the com- mission of the same, neglects or refuses so to do, if Such Wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such perSon by reasonable diligence could have prevented; and such damages may be recovered in an action. On the case; and any number of persons guilty of Such Wrongful neglect or refusal may be joined as defend- ants in the action ; and if the death of any party be Caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this Section shall be sustained which is not commenced Within One year after the cause of action has ac- crued. (R. S. § 1981.) § 3935. Prosecution of violation of certain laws—The district attorneys, marshals, and deputy marshals, the commissioners appointed by the circuit and territorial courts, with power to arrest, imprison, Or bail offenders, and every other officer who is es-. pecially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of chapter seven of the Title “Crimes,” and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense. (R. S. § 1982.) See Criminal Code, chapters 3, 6, 10. § 3936. Commissioners—The circuit courts of the United States and the district courts of the Terri- tories, from time to time, shall increase the number Of Commissioners, so as to afford a speedy and con- Venient means for the arrest and examination of per- Sons charged with the crimes referred to in the pre- Ceding Section ; and such commissioners are author- ized and required to exercise all the powers and du- ties conferred on them herein with regard to such of. fenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. (R. S. § 1983.) § 3937. Same; appointment of persons to ex- ecute warrants—The COmmissioners authorized to be appointed by the preceding section are empowered, within their respective counties, to appoint, in writing, under their hands, One or more suitable persons, from time to time, who shall execute all Such warrants or Other process as the Commissioners may issue in the lawful performance of their duties, and the persons SO appointed shall have authority to summon and Call to their aid the bystanders or posse comitatus of the proper Öounty, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty With which they are charged ; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued. (R. S. § 1984.) § 3938. Marshal; to obey precepts—Every mar- Shal and deputy marshal shall obey and execute all Warrants or other process, when directed to him, is- sued under the provisions hereof. (R. S. § 1985.) § 3939. Same; refusing to receive or execute process—Every marshal and deputy marshal who re- fuses to receive any warrant or other process when tendered to him, issued in pursuance Of the provisions of section nineteen hundred and eighty-five, Title “Civil Rights,” or refuses or neglects to use all proper means diligently to execute the same, shall be liable to a fine in the sum of One thousand dollars, for the benefit of the party aggrieved thereby. (R. S. § 55.17.) § 3940. Fees; certain officers—The district at- torneys, marshals, their deputies, and the clerks of the courts of the United States and territorial courts shall be paid for their Services, in cases under the foregoing provisions, the same fees as are allowed to them for like services in Other cases; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his Services in & 3940 - CIVIL RIGHTS: (Tit. 24 - [Page 5981. each case, inclusive of all services incident to the arrest and examination. (R. S. § 1986.) See Title XIII, chapter 16. § 3941. Same; persons appointed to execute process-Every person appointed to execute process under Section nineteen hundred and eighty-four shall be entitled to a fee of five dollars for each party he may arrest and take before any commissioner, with Such other fees as may be deemed reasonable by the COm'Imissioner for any additional services necessarily performed by him, such as attending at the exami- nation, keeping the prisoner in custody, and provid- ing him with food and lodging during his detention, and until the final determination of the commission- er; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice Within the proper district or county, as near as, may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. (R. S. § 1987.) § 3942. Speedy trial—Whenever the President has reason to believe that offenses have been, or are likely to be committed against the provisions of chap- ter. Seven of the Title Crimes, within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of Such district to attend at such place within the dis- trict, and for such time as he may designate, for the purpose of the more speedy arrest and trial of per- Sons So charged, and it shall be the duty of every judge Or other officer, when any such requisition is received by him to attend at the place and for the time therein designated. (R. S. § 1988.) . - See Criminal Code, chapters 3, 6, 10. - § 3943. Aid of military and naval forces—It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the |United States, or of the militia, as may be necessary to aid in the execution of judicial process issued un- der any of the preceding provisions, or as shall be necessary to prevent the violation and enforce the due execution of the provisions of this Title. (R. S. § 1989.) - , - t See § 1992. * * § 3944. Peomage abolished—The holding of any person to service or labor under the "system known as peonage is abolished and forever prohibited in the Territory of New Mexico, or in any other Territory or State of the United States ; and all acts, laws, reso- lutions, orders, regulations, or usages Of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or en- forced, or by virtue of which any attempt shall here- after be made to establish, maintain, or enforce, di- rectly or indirectly, the voluntary or involuntary Service Or labor Of any perSOns as peons, in liquida- tion of any debt or obligation, or otherwise, are de- clared null and void. (R. S. § 1990.) A. § 3945. Same; enforcement—Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section. (R. S. § 1991.) TITLE xxv-CITIZENSHIP 3946. Citizens; who are. , 3947. Same; children of citizens born abroad. 3948. Same; married women. 3949. Same; persons born in Oregon. 3950. Same; Stockbridge Munsee Indians. 3951. Same; certain Indians born in United States. 3352. Rights as citizens forfeited for desertion. 3953. Same; Certain soldiers and sailors not to incur. 3954. Rºº. as Citizens forfeited for desertion, or avoiding I'à.It. - 3955. Right of expatriation. - 3956. Protection to naturalized citizens abroad. 3957. Release of citizens imprisoned by foreign governments. 3958. Passports to and protection of persons having declared intention to become citizens. . 3959. Expatriation of citizens; presumption. 3959a. [Pepealed.] 3969. Citizenship; , American women marrying foreigners. 3961. Same; foreign women marrying citizens. 3962. Same; children, born abroad, of alien parents by nat- uralization of parent. 3963. Same; children of citizens, born and residing abroad. 3964. Duplicates of evidence, registration or other. act filed With State Department. $ 3946. Citizens; who are—All persons born in the United States and not subject to any foreign pow- er, excluding Indians not taxed, are declared to be citizens of the United States. (R. S. § 1992.) See Const. Amend. XIV, § 1. Persons in Hawaiian Islands, see $.3647; persons in Porto Rico, see § 3754; persons in Philippine Islands, see § 3809. § 3947. Same; children of citizens born abroad—All Children heretofore born or hereafter born . Out Of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never re- sided in the United States. (R. S. § 1993.) See § 3963. - § 3948. Same; married women—Any woman Who is now Or may hereafter be married to a citizen of the United States, and who might herself be law- fully naturalized, shall be deemed a citizen. (R. S. § 1994.) - - - - - See § 3961. - ſ § 3949. Same; persons born in Oregon—All perSOnS born in the district of Country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born else- where in the United States. (R. S. § 1995.) - § 3950. Same; Stockbridge Munsee Indians— Whenever any of the chiefs, Warriors, or heads of families of the tribes mentioned in section twenty- three hundred and ten, having filed with the clerk of the district court of the United States a declaration of . his intention to become a citizen of the United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satisfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life ; that he has main- tained himself and family by his own industry; that he reads and Speaks the English language ; that he is well disposed to become a peaceable and Orderly Citi- Zen ; and that he has sufficient CapaCity to manage his own affairs; the court may enter a decree admit- ting him to all the rights of a citizen of the United States, and thenceforth he shall be no longer held Or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be sub- ject to all the duties and liabilities to taxation of oth- er Citizens of the United States. But nothing here- in contained shall be construed to deprive such Chiefs, warriors, or heads of families of annuities to which they are or may be entitled. (R. S. § 2312.) See § 4606. - º § 3951. Same; certain Indians born in United States—Every Indian born within the territorial lim- its of the United States to whom allotments shall have been made and who has received a patent in fee sim- ple under the provisions of this Act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up within said limits his residence, separate and apart from any tribe of Indians therein, and has Tit. 25) 3 8959 CITIZENSHIP [Page 599] adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such Citizens, whether said Indian has been or not, by birth Or OtherWise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. (Feb. 8, 1887, c. 119, § 6, 24 Stat. 390, amended, March 3, 1901, c. 868, 31 Stat. 1447, and May 8, 1906, c. 2348, 34 Stat. 182.) § 3952. Rights as citizens forfeited for deser- tion—All persons who deserted the military or naval Service of the United States and did not return there- to Or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeit- ed their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citi- Zens thereof. (R. S. § 1996.) - § 3953. Same; certain soldiers and sailors not to incºr—No soldier or sailor, however, who faith- fully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be Construed solely as a removal of any disability such soldier or sailor may have incurred, under the preced- ing section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. (R. S. § 1997.) - . § 3954. Rights as citizens forfeited for deser- tion, or avoiding draft—Every person who hereaft- er deserts the military or naval service of the United States, or who, being duly enrolled, departs the juris- diction of the district in which he is enrolled, OI! goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and nine- ty-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said Section nineteen hundred and ninety-six shall not ap- ply to any person hereafter deserting the military or Inaval Service Of the United States in time. Of peace: And provided further, That the loss of rights of citi- zenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: And provided further, That, the provisions Of Section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be en- listed or mustered into the military Service, and the provisions of section two of the Act of Congress ap- proved August first, eighteen hundred and ninety-four, entitled “An Act to regulate enlistments in the Army of the United States,” shall not be construed to pre- clude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such person or Soldier Subsequent to such desertion or service, be authorized by the Secretary of War. (R. S. § 1998, amended, Aug. 22, 1912, c. 336, § 1, 37 Stat. 356.) R. S. § 1996, is $ 3952. . R. S. § 1118, is § 1886. Act Aug. 1, 1849, c. 179, § 2, is § 1888. § 3955. Right of expatriation—Whereas the right of expatriation is a natural and inherent right Of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizen- Ship; and whereas it is claimed that such American Citizens, with their descendants, are subjects of for- eign States, Owing allegiance to the governments there- . Of ; and whereas it is necessary to the maintenance Of public peace that this claim of foreign allegiance should be promptly and finally disavowed: There- fore any declaration, instruction, opinion, order, or decision of any Officer of the United States which de- nies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the funda- mental principles of the Republic. (R. S. § 1999.) See § 3959. - - § 3956. Protection to naturalized citizens abroad—All naturalized citizens of the United States, While in foreign countries, are entitled to and shall receive from this Government the same protection of perSons and property which is a CCórded to native-born citizens. (R. S. § 2000.) - . - § .3957. Release of citizens imprisoned by for- eign governments—Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty Of the President forth with to demand Of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release SO demanded is unreasonably delayed Or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. (R. S. § 2001.) § 3958. Passports to and protection of per- sons having declared intention to become citi- zens—The Secretary of State shall be authorized, in his discretion, to issue passports to persons not citi- zens of the United States as follows: Where any per- son has made a declaration. Of intention to become such a citizen as provided by law and has resided in the United States for three years a passport may be is- sued to him entitling him to the protection of the GOV- ernment in any foreign country: Provided, That Such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Govern- ment in the country of which he was a citizen prior to making such declaration of intention. (March 2, 1907, c. 2534, § 1, 34 Stat. 1228.) See §§ 7623–7628. § 3959. Expatriation of citizens; presumption —Any American citizen shall be deemed to have ex- patriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. , When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American Citi- Zen, and the place Of his general abode shall be deem- ed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplo- matic or consular Officer of the United States, under Such rules and regulations as the Department Of State may prescribe: And provided also, That no American Citizen Shall be allowed to expatriate himself when this country is at war. (March 2, 1907, c. 2534, § 2, 34 Stat. 1228.) . ºncellation of certificate of naturalized citizen, see Ś § 3959a (Tit. 25 CITIZENSHIP [Page 600I $ 3959a. [Repealed.] - This section (Act Oct. 5, 1917, c. 68, 40 Stat.) providing for the repatriation of certain persons who had lost their citizenship by reason of service in the armies of France, Great Britain, etc., was repealed by Act May 9, - 1918, c. —, $ 1, 40 Stat. Other provisions were made for the repatriation of such persons by said Act. See § 4352 (12). § 3960. Citizenship; American women mar- rying foreigners—Any American WOman who mar- ries a foreigner shall take the nationality of her hus- band. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the Unit- ed States at the termination Of the marital rela- tion, by continuing to reside therein. (March 2, 1907, c. 2534, § 3, 34 Stat. 1228.) - § 3961. Same; foreign wormen marrying citi- zens—Any foreign WOman Who acquires American citizenship by marriage to an American shall be as- sumed to retain the same after the termination of the marital relation, if she continue to reside in the TJnited States, unless she makes formal renunciation thereof before a court having jurisdiction to natu- ralize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States Consul within One year after the termination of such marital relation. (March 2, 1907, c. 2534, § 4, 34 Stat. 1229.) § 3962. Same; children, born abroad, of alien. parents, by naturalization of parent—A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citi- Zenship by the parent: Provided, That such naturali- Zation or resumption takes place during the minority of such child: And provided further, That the citizen- ship of such minor child shall begin at the time such minor child begins to reside permanently in the Unit- ed States. (March 2, 1907, c. 2534, § 5, 34 Stat. 1229.) § 3963. Same; children of citizens, born and residing abroad—All children born outside the limits Of the United States who are citizens thereof in a C- cordance with the provisions of section nineteen hun- dred and ninety-three of the Revised Statutes of the United States and who continue to reside Outside the United States shall, in order to receive the pro- tection of this Government, be required upon reaching the age Of eighteen years to record at an American Consulate their intention to become residents and re- main citizens of the United States and shall be fur- ther required to take the oath of allegiance to the United States upon attaining their majority. (March 2, 1907, c. 2534, § 6, 34 Stat. 1229.) § 3964. Duplicates of evidence, registration or other act filed with State Department—Dupli- cates of any evidence, registration, or other acts required by this Act shall be filed with the Depart- ment of State for record. (March 2, 1907, c. 2534, § 7, 34 Stat. 1229.) w-r- Sec. 3965. Interference with freedom of elections. 3966. Rº: color, or previous condition not to affect right to VOte. (R. S. § 2002. Repealed.) This section prohibited military and naval officers from ordering, bringing, or keeping arms or troops at places of election, unless necessary to repel the armed enemies of the United States or keep the peace at the polls. It was repealed by Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 86. R. S. § 5528, however, which made punishable the acts forbidden by this section, was not repealed by Said act, and subsequently was incorporated into the Criminal Code, in section 22 thereof ($ 101.86), and was repealed by section 341 of said Code (§ 10515). All the other sections of the Revised Statutes included in this title, except Sec- tions 2003 and 2004, were also repealed by said Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. § 3965. Materference with freedom of elec- tions—No officer of the Army or Navy of the United . States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the quali- fications of voters in any State, or in any manner in- terfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. (R. S. § 2003.) - § 3966. Race, color, or previous condition inot to affeet right to vote—All citizens Of the Unit- ed States who are Otherwise qualifled by law to VOte at any election by the people in any State, Territory, district, county, city, parish, township, school dis- trict, municipality, or other territorial subdivision, Shall be entitled and allowed to vote at all Such elec- tions, without distinction of race, Color, Or previous Condition of servitude ; any constitution, law, Custom, usage, or regulation of any State or Territory, or by Or under its authority, to the contrary notwithstand- ing. (R. S. § 2004.) (R. S. §§ 2005–2031. Repealed.) R. S. § 2005 required the State officials charged with the duty of attending to the formalities required as a pre- TITLE xxvi-THE ELECTIVE FRANCHISE requisite to the right to vote to give all citizens of the United States the same and equal opportunity to perform . such prerequisites. Section 2006 prescribed a penalty for the violation of section 2005. Section 2007 provided that the offer of the intending voter to perform the required prerequisites should entitle him to vote in cases where he was prevented from performing such prerequisites by reason of the refusal or neglect of the Officers charged with attending to such duties. Section 2008 prescribed a penalty for wrongfully refusing to receive a vote offered by a voter. Section 2009 prescribed a penalty for unlaw- fully hindering, etc., a person from voting. Section 2010 provided a remedy for persons deprived of an office by reason of the denial to any citizen of the right to vote on account of race, color, or previous condition of servi- tude. Section 2011 provided for the holding of a term of the circuit court at certain designated places for the pur- pose of safeguarding the purity of elections held for the purpose of choosing representatives in Congress, on pe- tition by a designated number of citizens. Section 2012 provided for the appointment by the circuit court of Super- visors of elections. Section 2013 provided for the keep- ing open of the circuit court when convened for the pur- poses provided in section 2011, and prescribed the pow- ers of the judges thereof in vacation and in Chambers. Section 2014 provided that district judges might perform the duties of circuit judges in certain cases. Section 2015 construed section 2014. Sections 2016–2020, inclusive, pre- scribed the powers and duties of the supervisors of elec- tions. Section 2021 provided for the appointment of spe- cial deputy-marshals. Section 2022 prescribed the duties of marshals and their deputies under this title. Section 2023 provided for the examination of persons arrested for violations of this Title. Section 2024 authorized the mar- shals and deputies to require the assistance of bystanders in the execution of the duties imposed upon them by this Title. Section 2025 provided for the appointment of chief supervisors of elections. Section 2026 prescribed their du- ties. Section 2027 provided that marshals and commis- sioners should forward all complaints, etc., to the chief supervisors of elections. Section 2028 prescribed the qual- ifications of supervisors and deputy-marshals. Section 2029 regulated the powers of supervisors in making arrests. Section 2030 limited the number of marshals and deputy- marshals who might be appointed under this Title. Sec- tion 2031 prescribed the compensation of supervisors of elections and special deputy-marshals. All said sections. Were repealed by Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. TITLE XXVII—THE FREEDMEN 3967. Acts continued in force. 3968. Laws enforced by Secretary of War. 3969. Claims for pay or bounty; payment. 3970. Same; mode of payment. . 3971. Same; attorney’s fees. 3972. Repeal of R. S. § 2035; retained bounty fund. 3973. Who deemed wife and children of colored soldiers. 3974. Freedmen’s Hospital and Asylum. 3975. Same; direction of by Secretary of Interior. 3976. Same; expenditures. - 3977. Same; care and treatment of persons from District of Columbia. 3978. Same; estimates for expenses and maintenance. Unclaimed money of deceased patients. 3979. Howard University; report of expenditures. § 3967. Acts continued in force—All laws and parts of laws pertaining to the collection and pay- ment of bounty, prize-money, and other legitimate claims Of colored soldiers, sailors, and marines, Or their heirs, shall remain in force until OtherWise Ordered by Congress. (R. S. § 2032.) § 3968. Laws enforced by Secretary of War— The Secretary of War is authorized to carry into effect all laws and parts of laws referred to in the preceding section, and to this end he may employ Such clerical force as he deems necessary. (R. S. § 2033.) § 3969. Claims for pay or bounty; payment— All sums due upon certificates issued, or which may be issued by the accounting Officers Of the Treasury in Settlement of claims for pay, bounty, prize money, Or other moneys due to colored soldiers, Sailors Or marines, or their legal representatives, shall be paid by the Officers of the Pay Department Of the Army, under the direction of the Paymaster General, who is already charged with the payment of like dues to white soldiers: Provided, first, That no such certifi- Cate Shall be issued until it shall have been a SCer- tained that the application is made by the Original claimant, Or, if he be dead, by his true living legal representative, nor until the identity of such claim- ant or representative as the case may be, shall have been duly established: Provided, That if an agent Or attorney be employed, the allowance for his services shall not in any Case exceed that Contemplated in the Scale of fees and allowances fixed by the second sec- tion of a joint resolution approved July twenty sixth, eighteen hundred and sixty six, entitled “Joint reso- lution amendatory of a joint resolution respecting bounties to colored soldiers, and the pensions, boun- ties, and allowances to their heirs,” approved June fifteenth, eighteen hundred and sixty six, * * ; and no power of attorney, transfer or assignment of the amount Of Such claims, Or any part thereof, shall in any case be recognized. (March 3, 1879, C. 182, § 2, 20 Stat. 402.) § 3970. Same; mode of payment—That so much of Section two Of the Sundry civil appropriation act, approved March third, eighteen hundred and seventy- nine, as provides that amounts due upon certificates issued, or which may be issued, by the accounting officers of the Treasury, in settlement of claims for pay, bounty, prize-money, Colored soldiers, sailors, or marines, or their legal rep- resentatives, shall be paid only to the party named in the certificate, and in current funds or by post- Office money-order, and not by check or drafts, be, and the same is hereby, repealed ; and hereafter the said claims of colored soldiers, sailors, and marines shall be paid in the same manner as similar claims are paid to white soldiers, sailors, and marines. (Feb. 1, 1888, c. 4, § 1, 25 Stat. 9.) - § 3971. Same; attorney’s fees—That so much of the Sundry civil appropriation Act of March third, eighteen hundred and seventy-nine, as requires in the Settlement of claims for pay, bounty, prize money, Or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, that the amount allowed as attorney’s fees be Stated in a Or Other moneys due to Separate certificate in favor of the agent or attor. ney, be, and the same is hereby, repealed. (July 1, 1898, c. 546, § 1, 30 Stat. 640.) - (R. S. § 2034. Obsolete.) This section, as amended by Act Feb. 27, 1877, c. 69, provided that accounts for expenditures incurred for refugees or freedmen, under the sanction of the proper officers, but which could not be settled for want of a Specific appropriation, might be paid out of the fund for the relief of refugees and freedmen, on the approval of the Secretary of War. It may be regarded as having be- come obsolete, and is therefore ornitted. (R. S. § 2035. Repealed.) This section made the Secretary of War the custodian of the retained bounty fund derived from a portion of the State bounties of certain colored soldiers enlisted in Vir- ginia and North Carolina, in 1864 and 1865, and required him to hold it as trustee for the benefit of such soldiers or their representatives, to whom it should be paid upon. their application or discovery. It was repealed by a pro- vision of Act July 1, 1902, c. 1351 (§ 3972). $ 3972. Repeal of R. S. 2035; retained bounty fund—Retained bounty fund: Section tWO thousand and thirty-five of the Revised Statutes is hereby repealed, and the unexpended balance Of the fund formerly in the custody of the Freedmen’s Bureau and referred to in Said Section is hereby COV- ered into the Treasury as “Miscellaneous receipts”: Provided, That upon application by parties entitled to any portion of the money SO, COvered in, the Secre- tary of the Treasury is authorized and directed to pay the amount found due in the same manner and from the same appropriation as claims for bounty to volunteer soldiers are now paid. (July 1, 1902, c. 1351, 32 Stat. 556.) - - - (R. S. § 2036. Superseded.) This section provided for the investment by the Secre- tary of War of the retained bounty fund referred to in R. S. § 2035. It was superseded by the repeal of that sec- tion and the transfer of the fund to the Treasury by Act July 1, 1902, c. 1351 (§ 3972). § 3973. Who deemed wife and children of colored soldiers—In determining who is the Wife Or child of any colored soldier, within the meaning Of this Title, evidence that the soldier and the WOIman claimed to be his wife cohabited or associated as husband and wife, and so Continued to cohabit Or associate at the time of enlistment, or evidence that a form of marriage, whether such marriage was all- thorized or recognized by law or not, was entered in- to by them, and that the parties thereafter lived to- gether as husband and wife, and so continued to live together at the time of the enlistment, shall be deem- ed sufficient proof of marriage; and the children born of any such marriage shall be taken to be the chil- dren embraced within the provisions of this Title, whether such marriage was or was not dissolved at the time of the enlistment. (R. S. § 2037.) . § 3974. Freedmen’s Hospital and Asylum—The Freedmen's Hospital and Asylum in the District of Columbia is, until otherwise Ordered by Congress, continued [under the control and supervision of the Secretary of War, who shall make all estimates, pass all accounts, and be responsible to the Treasury for all expenditures] ; but no part of any appropriation shall be used in support of, or to pay the expenses On account of, any person hereafter to be admitted to such Hospital and Asylum, unless persons removed thither from Some other GOvernment hospital. (R. S. § 2038.) Text in brackets superseded by § 3975. $ 3975. Same; direction of by Secretary of Hinterior—After June thirtieth, eighteen hundred and seventy-four, the Freedmen’s Hospital in the District of Columbia shall, until Otherwise Ordered by Con- gress, be continued under the direction of the Secre- tary of the Interior, who shall make all estimates and pass all accounts, and shall be accountable to the Treasury of the United States for all expenditures; and all property including hospital and quarter- IPage 601I 2 3976 (Tit. 27 THE FREEDMEN [Page 662] master's stores, belonging to said hospital, and now in charge of the War Department, be also transferred to the Interior Department. (June 23, 1874, c. 455, § 1, 18 Stat. 223.) § 3976. Same; expenditures—Hereafter the ex- penditures for the Freedmen's Hospital and Asylum shall be under the supervision and control of the Com- Imissioners of the District of Columbia. (March 3, 1893, c. 199, § 1, 27 Stat. 551.) - § 3977. Same; care and treatment of persons from District of Columbia—The Secretary Of the Interior is authorized to enter into contract with the Board of Charities of the District of Columbia for the care and treatment of persons from the Dis- trict of Columbia admitted to the Freedmen’s Hospi- tal; and any money that may be received, from this SOurce, On and after July, first, nineteen hundred and five, shall be paid to the Secretary of the Interior, to be applied to the uses and purposes Of the hospi- tal. (March 3, 1905, c. 1483, § 1, 33 Stat. 1190.) § 3978. Same; estimates for expenses and maintenance—Hereafter estimates for expenses and maintenance of the Freedmen’s Hospital and Asylum shall be submitted by the Secretary of the Interior. (March 3, 1905, c. 1483, § 1, 33 Stat. 1190.) Current appropriations for Freedman's Hospital, see Act June 12, 1917, c. 27, § 1, 40 Stat. 154. § 3978a. Same; unclaimed money of deceased patients—Hereafter all unclaimed money left at the Freedmen’s Hospital by deceased patients shall, after a period of three years, be deposited in the Treasury Of the United States to the Credit Of miscellaneous receipts. (July 1, 1916, c. 209, § 1, 39 Stat. 31.1.) § 3979. Howard University; report of expen- ditures—For the maintenance Of the Howard Uni- versity, to be used in payment of part of the salaries of the officers, professors, teachers, and other regular employees Of the university, , the balance of which will be paid from donations and other sources. * * And the proper officers of said university shall report annually to the Secretary of the Interior how the appropriation is expended. (March 3, 1893, c. 208, 27 Stat. 595.) Current appropriations for . Howard University, see Agt June 12, 1917, c. 27, § 1, 40 Stat. 154. TITLE XXVIII—INDIANS Chap. Sec. 1. Officers of Indian affairs; their duties and com- pensations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3979/2 2. Performance of engagements between the Unit- ed States and Indians. . . . . . . . . . . . . . . . e e º e s e º 'º a 4034 3. Government and protection of Indians. . . . . . . . . . 4095 e Chap. Sec. 4. Government of Indian country. . . . . . . . . . . . . . . . . . 4127 4A. Ed Lication of Indians. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4161 4.B. Rights of way through Indian lands. . . . . . . . . . . 4181 4C. Allotment of Indian lands. . . . . . . . . . . . . . . . . . . . . . . 4195 Chapter One—Officers of Indian Af- fairs; Their Duties and Com- pensation Sec. 397.9%. Creation of Indian reservations. 3980. Board of Indian commissioners. 3981. Same; secretary. 3982. Same; duties. 3983. Same; investigating contracts. 3984. Indian inspectors; 3985. Same; number. 3986. Same; two to be engineers. appointment. 3987. Same; number; included in classified service. 3988. Same; salary and expenses. • 3989. Same; powers and duties. 3990. Same; visiting agencies. 3990a. Superintendent for Five Civilized Tribes. 3991. Indian agents; appointment. 3992. Same; services of agents dispensed with. 3993. Same; agent at Cherokee Agency, N. C. 3994. Same; duties of agency devolved on superintendent of Indian school. 3995. Same; salary. 3996. Same; repeal of provisions as to compensation. 3997. Same; appropriations for salaries, when not available. 3998. Same; term of office. 3999. Same; bonds. 4000. Same; duties. 4001. Same; books of expenditures. 4. 4002. Same; accounting for funds. 4003. Same; discontinuance and transfer of agencies. 4004. Same; consolidation of agencies. 4005. Same; residence. 4006. Same; visits to Washington by agents in California. 4007. Same; detail of army officers to act as. 4008. Same; compensation for extra services. 4009. Same; acknowledgments of deeds and administration of oaths. Superintendents in charge of reservations; tion of oaths. Appointment of sub-Indian agents. 4012. Limits of superintendencies, agencies, and sub-agencies. 4013. Special agents and commissioners. 4014. Interpreters. administra- 4014a. Same; persons paid for other services not paid for in- terpreting. - 4015. Same; preference to Indians for. 4016. Tribes may direct employment of blacksmiths, when. Discontinuance of agents, sub-agents and interpreters. 4018. Holding two offices; leave of absence. 4019. Additional security from persons charged with disburse- ment of money or goods. 4020. Disbursing officers; new bonds. . Same; special bond. 4022. Compensation prescribed to be in full. 4023. Traveling expenses. 4024. Expenses of clerks detailed on special duty. 4025. Heat and light for employés’ quarters. 4026. Employés not to trade with Indians. 4027. Special agents and other officers to administer oaths. 4028. Farmers and stockmen to superintend farming and stock raising; additional farmers at Schools. Qualifications of farmers. 4029. Matrons to teach housekeeping. 4030. Employment of Indians. 4031. Siam e. 4032. Expenditure for compensation of employés at agencies. Limitation of previous section not to include certain expenditures for salaries. 4033. Transfer of funds for payment of employés; other service. § 397.9%. Creation of Indian reservations—No Indian reservation shall be Created, nor Shall any additions be made to One heretofore Created, with- in the limits of the States of New Mexico and Arizona, except by Act of Congress. (May 25, 1918, c. 86, § 2, 40 Stat.) - $ 3980. Board of Indian commissioners—There shall be a board of Indian commissioners, composed of not more than ten persons, appointed by the Presi- dent solely, from men eminent for intelligence and philanthropy, and who shall serve without pecuniary compensation. (R. S. § 2039.) (R. S. § 2040. Superseded.) Authorized board of commissioners to appoint a Secre- tary. Superseded by § 3981. - § 3981. Same; secretary—Hereafter the Board Of Indian Commissioners is authorized to employ a secretary, not a member of said board, and pay his salary Out of the appropriation herein made Or which shall hereafter be made for said board. (Aug. 24, 1912, c. 388, 37 Stat. 521.) (R. S. § 2041. Superseded.) Provided that board of commissioners mentioned in § 3980, should supervise all expenditures of money appropri- ated for benefit of Indians within limits of United States, and should inspect all goods purchased for Indians, in connection with Commissioner of Indian Affairs, whose duty it should be to consult commission in making pur- chases of such goods. Subsequent provisions relating to the duties of said commissioners were made by Act June 22, 1874, c. 389, § 2, 18 Stat. 176. All superseded by § 3982. § 3982. Same; duties—Hereafter the Commis- Sion shall only have power to Visit and inspect agen- details for . Ch. 1). ź 3994 INDIANS [Page 6031 cies and other branches of the Indian service, and to inspect goods purchased for said service, and the Commissioner of Indian Affairs shall consult with the commission in the purchase of supplies. The commis- Sion shall report their doings to the Secretary of the Interior. (May 17, 1882, c. 163, § 1, 22 Stat. 70.) § 3983. Same; investigating contracts—Any member of the board of Indian commissioners is empowered to investigate all contracts, expenditures, and accounts in Connection with the Indian Service, and shall have access to all books and papers relating thereto in any Government office; but the examina- tion of Vouchers and accounts by the executive COm- mittee of said board shall not be a prerequisite of payment. (R. S. § 2042.) $ 3984. Indian inspectors; appointment- There shall be appointed by the President, by and with the advice and Consent of the Senate, a Suffi- cient number of Indian inspectors, [not exceeding five in number, to perform the duties required of such inspectors by the provisions of this Title. Each in- spector shall hold his office for four years, unless sooner removed by the President. (R. S. § 2043.) Text in brackets superseded by §§ 3985–3987. Current ap- propriation for Indian inspectors, see Act May 25, 1918, c. 86, § 1, 40 Stat. - $ 3985. Same; number—After the commence- ment of the next fiscal year there shall be but three inspectors. (March 3, 1875, c. 132, 18 Stat. 422.) See §§ 3986, 3987. - $ 3986. Same; two to be engineers—For pay of eight Indian inspectors, two of whom shall be en- gineers, one to be designated as chief, competent in the location, construction, and maintenance of irri- gation works, at two thousand five hundred dollars per annum each, except the chief engineer, who shall receive three thousand five hundred dollars, * * Provided, that the requirement of two engineers skill- ed in irrigation shall become immediately operative. (March 3, 1905, c. 1479, § 1, 33 Stat. 1049.) § 3987. Same; number; included in elassified service—Six Indian inspectors, not required to be en- gineers, now employed and appropriated for in the Indian Department, at two thousand five hundred dollars each, and said Indian inspectors shall here- after be termed inspectors, and shall be included in the classified service. (March 4, 1909, c. 297, § 1, 35 Stat. 887.) § 3988. Same; salary and expenses—Each in- Spector shall receive an annual salary Of three thou- sand dollars and his necessary traveling expenses, not exceeding ten cents a mile for actual travel while in the discharge of his duty, a statement of which ex- penses as to each inspector shall accompany the an- nual report of the Secretary of the Interior. (R. S. , $ 2044.) See § 3984 and note. $ 3989. Same; powers and duties—Each Indian [Superintendency andl agency shall be visited and examined [as often as twice a year] by One or more Of the inspectors. Such examination shall extend to a full investigation of all matters pertaining to the business of the [superintendency or] agency, includ- ing an examination of accounts, the manner of ex- pending money, the number of Indians provided for, Contracts Of all kinds COnnected with the business, the condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the lands set apart for that purpose, and, generally, all matters pertaining to the Indian Service. tions, each inspector shall have power to examine all books, papers, and vouchers, to administer oaths, and to examine on Oath all officers and persons employed in the [superintendency or agency, and all such oth- er persons as he may deem necessary or proper. The inspectors, or any of them, shall have power to sus- pend any [superintendent or] agent or employé, and to designate some person in his place temporarily, Subject to the approval of the President, making im- For the purpose of making such investiga- mediate report of such suspension and designation; and upon the conclusion of each examination a report shall be forwarded to the President without delay. The inspectors, in the discharge of their duties, joint- ly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate dis- trict duly to effectuate, to enforce the laws, and to prevent the Violation of law in the administration of affairs in the several agencies [and superintendencies]. So far as practicable, the examinations of the agen- Cies [and superintendencies] shall be made alternately by different inspectors, SO that the same agency [or Superintendency] may not be examined twice in suc- Cession by the same inspector or inspectors. (R. S. § 2045.) - Text in brackets, and provisions of section applicable to Superintendents and Superintendencies, are in Operative, no appropriation having been made for any superintendent of Indian affairs since Act March 3, 1877, c. 101, § 1, 19 Stat. 271. Other text in brackets superseded by § 3990. § 3990. Same; visiting agencies—The provi- Sion of law requiring that each agency shall be vis- ited and examined by one or more of the inspectors at least twice in each year is hereby repealed. (March 3, 1875, c. 132, § 1, 18 Stat. 422.) § 3990a. Superintendent for Five Civilized Tribes—That, effective September first, nineteen hun- dred and fourteen, the Offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, be, and the same are hereby, abolished and in lieu thereof there shall be appointed by the President, by and with the advice and con- Sent Of the Senate, a Superintendent for the Five Civ- ilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said Superintendent shall exercise the authority and per- form the duties now exercised by the Commissioner to the Five Civilized Tribes and the Superintendent Of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, Subject to the approval of the Secretary of the Inte- rior. (Aug. 1, 1914, c. 222, § 17, 38 Stat. 598.) (R. S. §§ 2046–2051. Obsolete.) These sections, authorizing appointment of superintend- ents of Indian affairs, prescribed their numbers, salaries, term of office, and duties, and providing for employment of temporary clerks, have become inoperative; no ap- propriation for any superintendent of Indian affairs hav- ing been made since Act March 3, 1877, c. 101, § 1, 19 Stat. 271. . - § 3991. Indian agents; appointment—The PreS- ident is authorized to appoint from time to time, by and with the advice and consent of the senate, [the following] Indian agents: * * (R. S. § 2052.) Text in brackets, and matter omitted from sections, enumerating the number and fixing the compensation of the agents for specified tribes, were practically Super- seded by the appropriations for the various years Subse- quent to the enactment of this section; the number di- minishing greatly in recent appropriation acts. See, also, § 3994. - - 49 § 3992. Same; services of agents dispensed with--It shall be the duty of the President to dis- pense with the services of such Indian agents [and superintendents] as may be practicable; and Where it is practicable he shall require the same person to perform the duties of two agencies [or Superintenden- cies] for One salary. (R. S. § 2053.) Text in brackets inoperative. See § 3989. § 3993. Same; agent at Cherokee Agency, INT. C.—The superintendent of the Indian Training School at Cherokee, North Carolina, shall, in addition to his duties as Superintendent, perform the duties heretO- fore required of the agent at said Cherokee Agency, and receive in addition to his Salary as Superintend- ent two hundred dollars per annum, and shall give bond as other Indian agents, and that the Office Of agent be, and the same is hereby abolished at that place. (March 3, 1893, c. 209, § 1, 27 Stat. 614.) § 3994. Same; duties of agency devolved on superintendent of Indian school—The Commission- er of Indian Affairs, with the approval of the Sec- ź 3994 (Tit. 28 INDIANS IPage 6041 retary of the Interior, may devolve the duties of any Indian agency or part thereof upon the Superin- tendent Of the Indian School located at Such agency Or part thereof whenever in his judgment such super- intendent can properly perform the duties of such agency. And the Superintendent upon whom Such duties devolve shall give bond as other Indian agents. The pay of any Superintendent who performs agen- cy duties in addition to those of his superintendency may be increased by the Commissioner of Indian Af- fairs, in his discretion, to an extent not exceeding three hundred dollars per annum. (March 1, 1907, c. 2285, 34 Stat. 1020.) (R. S. § 2054. Obsolete.) Provided that, whenever one of the superintendencies should be abolished by law or discontinued by the Pres- ident, the Indian agents therein should report directly to the Commissioner of Indian Affairs. It has become in- operative, no appropriation for any superintendent of Indian affairs having been made since Act March 3, 1877, c. 101, § 1, 19 Stat. 271. - § 3995. Same; salary—Each Indian agent Shall be entitled to receive a salary at the rate of fifteen hundred dollars a year except as herein otherWise provided for. (R. S. § 2055, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) See § 3996. - § 3996. Same; repeal of provisions as to com- pensation—All provisions of law fixing compensation for Indian agents in excess of that herein provided are hereby repealed. (March 3, 1893, c. 209, § 1, 27 Stat. 614.) .. § 3997. Same; appropriations for salaries, when not available—The appropriations herein Or hereafter made for the salaries of Indian agents shall not take effect nor become available in any Case for Or during the time in which any active officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies hereafter named. (March 1, 1907, C. 2285, 34 Stat. 1020.) § 3998. Same; term of office—Each Indian agent shall hold his Office for the term of four years, and until his successor is duly appointed and qualified. (R. S. § 20:56, amended, May 17, 1882, c. 163, § 1, 22 Stat. 87.) - § 3999. Same; bonds—Each Indian agent, be- fore entering upon the duties of his office, shall give bond in such penalties and with Such security as the President or . the Secretary of the Interior may re- quire. (R. S. § 2057.) - § 4000. Same; duties—Each Indian agent shall, within his agency, manage and superintend the in- tercourse with the Indians, agreeably to law ; and execute and perform Such regulations and duties, not inconsistent with law, as may be prescribed by the President, the Secretary of the Interior, the Com- missioner of Indian Affairs, [or the Superintendent of Indian affairs.] (R. S. § 2058.) . Texts in brackets inoperative. See § 3989 and note. § 4001. Same; books of expenditures—Each In- dian agent shall keep a book of itemized expenditures Of every kind, with a record of all contracts, together with the receipts of moneys from all sources, and the books thus kept shall always be Open to inspec- tion ; and the said books shall remain in the Office at the respective reservations, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor and he shall report annually to the Commissioner of Indian Af- fairs all material on hand and not required for his IISO = make any false entry in Said books, or shall know- ingly fail to keep a perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor and, on conviction before any United States Court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under said Provided, That should any agent knowingly Act. (March 3, 1875, c. 132, § 10, 18 Stat. 450, amended, March 3, 1909, c. 263, 35 Stat. 784.) $ 4002. Same; accounting for funds—Hereafter Indian agents shall account for all funds coming into their hands as Custodians from any SOurce whatever, and be responsible therefor under their official bonds. (July 1, 1898, c. 545, § 1, 30 Stat. 595.) s - § 4003. Same; discontinuance and transfer of agencies—The President shall, Whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public Serv- ice may require. (R. S. § 2059.) . - $ 4004. Same; consolidation of agencies—Th President may, in his discretion, consolidate two or more agencies into One, and Where Indians are lo- Cated. On reservations created by executive Order he may, With the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary. (May 17, 1882, c. 163, § 6, 22 Stat. 88.) - - * , § 4005. Same; residence—Every Indian agent Shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at Such place as the President may designate, and Shall not depart from the limits of his agency with- out permission. (R. S. § 2060.) - $ 4006. Same; visits to Washington by agents in Califormia—All Indian agents appointed for Cal- ifornia shall reside at their respective agencies, and Shall in no case be permitted to visit the city of Washington except when ordered to do so by the Com- missioner of Indian Affairs. The Commissioner shall report all cases of the violation of this section to the President, with the request that the agents offending be at Once removed from office. (R. S. § 2061.) (R. S. § 2062. Superseded.) Provided that the President might require any military officer to execute the duties of an Indian agent, etc. Superseded by subsequent provisions for the detail of Officers of the Army to act as Indian agents. See § 4007. § 4007. Same; detail of army officers to act as—Hereafter the President may detail officers of the United States Army to act as Indian agents at Stich agencies as in the Opinion of the President may require the presence of an army officer, and while acting as Indian agents such Officers shall be under the Orders and direction of the Secretary of the In- terior. (July 1, 1898, c. 545, § 1, 30 Stat. 573.) $ 4008. Same; compensation for extra serv- ices—No compensation beyond their actual expenses for extra services shall be allowed any Indian agent or sub-agent for services when doing duty under the Order of the Government, detached from their agen- Cy and the boundary Of the tribe to which they are . agents or sub-agents. (R. S. § 2063.) - $ 4009. Same; acknowledgments of deeds and administration of oaths—Indian agents are author- ized to take acknowledgments of deeds, and Other in- struments of writing, and to administer oaths in inves- tigations committed to them in Indian country, pursu- ant to Such rules and regulations as may be pre- scribed for that purpose, by the Secretary of the In- terior ; and acknowledgments SO taken shall have the Same effect as if taken before a justice Of the peace. (R. S. § 2064.) See, also, $ 4160. § 4010. Superintendents in charge of reser- vations; administration of oaths—Superintendents and acting superintendents in charge of Indian res- ervations, Schools, irrigation and allotment projectS are hereby authorized and empowered to administer the Oath of Office required of employees placed under their jurisdiction. (June 30, 1913, c. 4, § 1, 38 Stat. 80. ) See § 3989 and note. - § 4011. Appointment of sub-Indian agents— A competent number of sub-Indian agents shall be ap- pointed by the President, with a salary of one thou- Ch. 1) 3 4027 INDIANS [Page 6051 Sand dollars a year each, to be employed, and to reside Wherever the President may direct, and who shall give bonds, With one or more sureties, in the penal Sum Of One thousand dollars, for the faithful execu- tion of their duties. But no sub-agent shall be ap- pointed Who shall reside within the limits of any § Where there is an agent appointed. (R. S. § 2008). $ 4012. Limits of superintendencies, agencies, and sub-agencies—The limits of each [superintend- ency, agency, and sub-agency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. (R. S. § 2066.) Text in brackets inoperative. See § 3989 and note. § 4013. Special agents and commissioners- All Special agents and commissioners not appointed by the President shall be appointed by the Secretary Of the Interior. (R. S. § 2067.) Current appropriation for special agents, see Act May 25, 1918, c. 86, § 1, 40 Stat. $ 4014. Interpreters—An interpreter shall be al- lowed to each agency. Where there are different tribes in the same agency, speaking different lan- guages, one interpreter may be allowed, at the discre- tion of the Secretary of the Interior, for each of Such tribes. Interpreters shall be nominated, by the prop- er agents, to the Department of the Interior for ap- proval, and may be suspended by the agent from pay and duty, and the circumstances reported to the De- partment of the Interior for final action. (R. S. § 2068.) § 4014.a. Same; persons paid for other serve ices not paid for interpreting—Hereafter no per- son employed by the United States and paid for any other service shall be paid for interpreting. (April 4, 1910, c. 140, § 2, 36 Stat. 272.) § 4015. Same; preference to Indians for-In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, , a preference shall be given to persons Of Indian descent, if such can be found, who are properly qualified for the execution of the duties. (R. S. § 2069.) (R. S. § 2070. Repealed.) Fixed salaries of interpreters employed in Oregon, Utah, and New Mexico at $500 a year each, and of all employ- ed elsewhere $400 a year each. Repealed by Act May 17, 1882, c. 163, § 1, 22 Stat. 70. § 4016. Tribes may direct employment of blacksmiths, when—Where any of the tribes are, in the opinion of the Secretary of the Interior, Compe- tent to direct the employment of their blackSmiths, me- chanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. (R. S. § 2072.) § 4017. Discontinuance of agents, sub-agents, and interpreters—The Secretary Of the Interior shall, under the direction of the President, cause to be discontinued the services of Such agentS, Sub- agents, interpreters, and mechanics, as may from time to time become unnecessary, in consequence of the Emigration of the Indians, or other causes. (R. S. § 2073, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) § 4018. Holding two offices; leave of absence —No person shall hold more than one office at the same time under this Title, nor shall any agent, Sub- agent, interpreter, or person employed under this Title, receive his salary while absent from his agency Or employment, without leave of [the Superintendent, or] Secretary of the Interior; but such absence shall at no time exceed sixty days. (R. S. § 2074.) Text in brackets inoperative. See § 3989 and note. § 4019. Additional security from persons charged with disbursement of money or goods— . The President may, from time to time, require addi- tional security, and in larger amounts, from all per- Sons charged Qr trusted, under the laws of the Unit- ed States, with the disbursement or application of money, goods, or effects of any kind, on account of Indian affairs. (R. S. § 2075.) • - $ 4020. Disbursing officers; new bonds—Here- after When the Secretary of the Interior deems a new bond necessary he may, in his discretion, require any disbursing Officer under the jurisdiction of the Com- missioner of Indian Affairs to execute a new bond, With approved Sureties, in such amount as he may deem necessary, and when accepted and approved by the Secretary of the Interior the new bond shall be Valid and the Surety or sureties of the prior bond shall be released from liability for all acts or defaults of the principal which may be done or committed from and after the day on which the new bond was approved. (April 30, 1908, c. 153, 35 Stat. 71.) - $ 4021. Same; special bond—Hereafter when it 'becomes necessary to make large per capita paymentS to Indians, the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, is here- by authorized to require any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary to make such payment in One installment, the expenses incurred in procuring Such Special bond to be paid by the United States from this appropriation. (April 21, 1904, c. 1402, § 1, 33 Stat. 191.) $ 4022. Compensation prescribed to be in full-The Several compensations prescribed by this Title shall be in full of all emoluments or allowances Whatsoever. But where necessary, a reasonable allow- ance Or proVision may be made for offices and office Contingencies. (R. S. § 2076.) : $ 4023. Traveling expenses—Where persons are required, in the performance of their duties, under this Title, to travel from one place' to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them, except that no allowance shall be made to any person for travel or expenses in com- ing to the seat of Government to settle his accounts, unless thereto required by the Secretary of the In- terior. (R. S. § 2077.) Current appropriation for traveling and incidental ex- penses, see Act May 25, 1918, c. 86, § 1, 40 Stat. § 4024. Expenses of clerks, detailed on spe- cial duty—When it becomes necessary to detail clerks and Other employees Of the Indian Service Outside Of Washington to assist in the Opening of bids, making COntracts, and Shipping, goods, they may be allow- ed a per diem of not exceeding four dollars per day for hotel and other expenses, which per diem shall be in lieu of all expenses now authorized by law, exclusive of railway transportation and sleeping car fare. (May 17, 1882, c. 163, § 1, 22 Stat. 86.) - § 4025. Heat and light for employés’ quar- ters—The Secretary Of the Interior is authorized to allow employees in the Indian Service who are furnish- ed quarters necessary heat and light for Such quar- ters without charge, such heat and light to be paid for Out of the fund chargeable with the Cost of heat- ing and lighting other buildings at the same place: And provided further, That the amount so expended for agency purposes shall not be included in the maxi- mum amounts for compensation of employees prescrib- ed by Section One, Act of August twenty-fourth, nine- teen hundred and twelve. (May 25, 1918, c. 86, § 1, 40 Stat.) § 4026. Employés not to trade with Indians —No person employed in Indian affairs shall have any interest or concern in any trade With the Indians, ex- cept for, and on account of, the United States; and any person offending herein, shall be liable to a pen- alty of five thousand dollars, and shall be removed from his office. (R. S. § 2078.) - § 4027. Special agents and other officers to administer oaths—Hereafter each special agent, su- pervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to ad- minister Oaths and to examine On Oath all officers and persons employed in the Indian Service, and all such & 4028 (Tit. 28 INDIANS [Page 6061 other persons as may be deemed necessary and proper. (March 1, 1899, c. 324, § 1, 30 Stat. 927.) - $ 4028. Farmers and stockmen to superim- tend farming and stock raising; additional farm- ers at schools—To enable the Commissioner of In- dian Affairs to employ practical farmers and practical stockmen, Subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now em- ployed, at Wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among Such Indians as are making effort for self-support, One hundred and twenty-five thousand dollars: Provided, That the amounts paid such farmers and stockmen shall not come within the limit for employees fixed by the Act of June seventh, eighteen hundred and ninety-seven: Provided further, That the Commissioner of Indian Affairs may employ additional farmers at any Indian School at not exceed- ing sixty dollars per month, subject only to such ex- amination as to qualifications as the Secretary of the Interior may prescribe, said farmers to be in addi- tion to the School farmers now employed. (April 30, 1908, c. 153, 35 Stat. 75.) * Current appropriations for experiments on Indian school or agency farms, see Act May 25, 1918, c. 86, § 1, 40 Stat. § 4028a. Qualifications of farmers—Hereafter no money shall be expended for the employment of any farmer or expert farmer at a salary of or in ex- cess of $50 per month, unless he shall first have pro- cured and filed with the Commissioner of Indian Af- fairs a Certificate of Competency showing that he is a farmer Of actual experience and qualified to instruct others in the .art of practical agriculture, such cer- tificate to be Certified and issued to him by the presi- dent or dean Of the State agricultural College of the State in which his services are to be rendered, or by the president or dean of the State agricultural col- lege of an adjoining State: Provided, That this provi- sion shall not apply to persons employed in the In- dian Service as farmer or expert farmer prior to Jan- uary first, nineteen hundred and seventeen: And pro- vided further, That this shall not apply to Indians employed or to be employed as assistant farmer. (May 25, 1918, c. 86, § 1, 40 Stat.) § 4029. Matrons to teach housekeeping—TO enable the Secretary of the Interior to employ suit- able persons as matrons to teach Indian girls in housekeeping and Other household duties, at a rate not to exceed sixty dollars per month, and for furnish- ing necessary equipments, and renting quarters where necessary, twenty-five thousand dollars: Provided, That the amount paid said matrons shall not come within the limit for employees fixed by the Act of June Seventh, eighteen hundred and ninety-Seven. (March 1, 1907, c. 2285, 34 Stat. 1019.) § 4030. Employment of Indians—Preference shall at all times, as far as practicable, be given to Indians in the employment Of Clerical, mechanical, and other help On, reservations and about agencies. (May 17, 1882, c. 163, § 6, 22 Stat. 88.) - § 4031. Same—In the Indian service Indians shall be enmployed as herders, teamsters, and laborers, and where practicable in all other employments in Connec- tion with the agencies and the Indian service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. (Aug. 15, 1894, c. 290, § 10, 28 Stat. 3.12.) - § 4032. Expenditure for compensation of em- ployés at agencies—Hereafter not more than fifteen thousand dollars shall be paid in any one year for salaries or compensation of employees regularly em- ployed at any One agency, for its Conduct and manage- ment, and the number and kind of employees at each agency shall be prescribed by the Secretary of the In- terior and none other shall be employed: Provided, That where two or more Indian agencies have been or may hereafter be consolidated, the expenditure of graphs. 4077aa. such consolidated agencies for regular employees shall not exceed twenty thousand dollars: Provided further, That salaries or compensation of agents, Indians, school employees of every description, and persons temporarily employed, in Case of emergency, to pre- vent loss of life and property, in the erection of build- ings, the work of irrigation, and making other per manent improvements, shall not be construed as COm- ing within the limitations fixed by the foregoing para- (June 7, 1897, c. 3, § 1, 30 Stat. 90, amend- ed, Aug. 24, 1912, c. 388, 37 Stat. 521.) - $ 40.32a. Limitation of previous section not to include certain expenditures for salaries—The amounts paid to matrons, foresters, farmers, physi- cians, and stockmen provided for in this Act shall not be included within the limitations on salaries and compensation of employees contained in the Act of August twenty-fourth, nineteen hundred and twelve. (May 25, 1918, c. 86, § 1, 40 Stat.) - - § 4033. Transfer of funds for payment of elm- ployés; details for other service—Hereafter When not required for the purpose for which appropriated, the funds provided for the pay of specified employ- ees at any Indian agency may be used by the Secre- tary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged. (March 1, 1907, c. 2285, 34 Stat. 1016.) - Chapter Two—Performance of Engage. ments between the United States and Indians 4034. Future treaties with Indian tribes. 4035. Abrogation of treaties. 4036. Payment of annuities; 4037. Same; in goods. 4038. Purchase of goods for Indians. . † 4039. Same; manner of; written requisition; public bids. . 4040. Purchase of supplies; advertisement; supplies for irri- gation works. 4041. Purchase of articles manufactured at Schools. 4042. Bids under advertisements for goods or supplies. 4043. Copies of contracts furnished to Auditor before pay- ment. 4044. Proposals or bids for contracts to be preserved. 4045. Purchase of supplies without authority. - 4046. Contracts for supplies in advance of appropriations. 4047. Appropriations for supplies available immediately; time for distribution. - 4048. Transportation of supplies; by Wagon. e 4049. Same; under contract or by common carriers. 4050. Warehouses for goods. 4051. [Transferred.] 4052. Payment for wagon transportation. 4053. Payment of annuities and distribution of goods. 4054. Payments per capita to individual Indians. in coin. 4055. Payments in satisfaction of judgments. 4056. Withholding of annuities on account of intoxicating liq- ll OI’S. - 4057. Persons present at delivery of annuities. - 4058. Mode of disbursements. - 4059. Indians 18 years of age to have right to receipt for an- nuity. - 4060. Mode of distribution of goods. 4061. Commutation of rations and other Supplies; per capita. 4062. Supplies distributed to able-bodied males on condition. 4063. Rolls of Indians entitled to supplies. 4064. Supplies distributed so as to prevent deficiencies. 4065. Appropriations for subsistence. 4066. Appropriations for employés and Supplies; 4067. Advances; disbursilt g officers. - 4068. Deposits in bank by disbursing agents. 4069. Proceeds of sales of Indian lands. payment diversion. 4070. Appropriation to carry out treaties. 4071. Proceeds of sales of lands not subject to certain deduc- tions. . 4072. Disposal of proceeds of pasturage. 4073. Investments of stock required by treaties. 4074. Investment of proceeds of lands. 4075. Custody of stocks or bonds, held in trust for tribes. 4076. Deposit in Treasury of trust funds. 4077. Contracts relating to tribal funds or property. 4077a. Expenditure from tribal funds without Specific appro- priations. Expenditures from tribal funds authorized. - - 4077b. Contracts for compensation for services in relation to enrollment in Five Civilized Tribes. Ch. 2) INDIANs ź 4045 IPage 607I - . Sec. - One purchase: Provided, That hereafter supplies may 4078. Allotment of tribal funds to individual Indians. be purchased, contracts let, and labor employed for 4078a. Segregation, deposit, and investment of tribal funds. 4079. Payment of shares of tribal funds to helpless Indians. 4080. Accounts between United States and tribes under reim- bursable appropriations. 4081. Misapplication of funds. 4082. Indian depredations, how paid. 4083. Moneys or annuities of hostile Indians. - 4084. Agºrations not paid to Indians at War with United tates. * - 4085. Goods withheld from chiefs violating treaty stipulations. 4086. Moneys due Indians holding captives other than Indians With held. 4087. Contracts with Indian tribes or Indians. 4088. Payments under contracts restricted. 4089. Receiving moneys under prohibited contracts; making prohibited contracts or payments. 4090. Assignments of contracts restricted, 4091. False vouchers, accounts, or claims. 4092. Moneys due incompetents or orphans. aiding in 4093. Report of Indians present and receiving food. 4094. Rations. § 4034. Future treaties with Indian tribes— No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no Obligation of any treaty lawfully made and ratified With any such Indian nation or tribe prior to March third, eighteen hundred and seventy-one, shall be here- by invalidated or impaired. (R. S. § 2079.) § 4035. Abrogation of treaties—Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is au- thorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations. (R. S. § 2080.) $ 4036. Payment of annuities; in coin-The Secretary of the Treasury is authorized to pay in COin such of the annuities as by the terms of any treaty of the United States with any Indian tribe are requir- ed to be paid in coin. (R. S. § 2081.) - - § 4037. Same; in goods—The President may, at the request of any Indian tribe, to which an annuity is payable in money, cause the same to be paid in goods, purchased as provided in the next Section. (R. S. § 2082.) - º - § 4038. Purchase of goods for Indians—All merchandise required by any Indian treaty for the Indians, payable after making of such treaty, Shall be purchased under the direction of the Secretary of the Interior, upon proposals to be received, to be bas- ed on notices previously to be given ; and all mer- chandise required at the making of any Indian treaty shall be purchased under the order of the Commission- er of Indian Affairs by such person as he shall ap- point. All other purchases on account Of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. (R. S. § 2083.) § 4039. Same; tion; public bids—No goods shall be purchased by the Office of Indian Affairs, or its agents, for any tribe, except upon the written requisition of the [Superinten- dent] in charge of the tribe, and only upon public bids in the mode prescribed by the preceding section. (R. S. § 2084.) Text in brackets inoperative. See § 3989 and note. - § 4040. Purchase of supplies; advertisement; supplies for irrigation works—No purchase Of Sup- plies for which appropriations are herein or herein- after made for the Indian service, exceeding in the aggregate five hundred dollars in value at any One time, shall be made without first giving at least three weeks’ public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary Of the Interior, who shall make Official record of the facts constituting the exigency, and shall report the Same to CongreSS at its next Session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any manner of; written requisi- the Construction of artesian wells, ditches, and other Works for irrigation, not to exceed the sum of five thousand dollars in any One purchase or contract, in the discretion of the Secretary Of the Interior, without advertising as hereinbefore provided: Provid- ed further, That as far as practicable Indian labor Shall be employed and purchase in the Open market made from Indians, under the direction of the Secre- tary of the Interior. (April 30, 1908, c. 153, § 1, 35 Stat. 71.) § 4041. Purchase of articles manufactured at schools—That the Secretary of the Interior be, and he is hereby, authorized, whenever it can be dOne advantageously, to purchase for use in the Indian Service, from Indian manual and training schools, in the manner customary among individuals such articles aS may be manufactured at Such Schools, and which are used in the Indian service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time. (May 11, 1880, c. 85, § 1, 21 Stat. 131.) $ 4042. Bids under advertisements for goods or supplies—Hereafter all bidders under any ad- vertisement published by the Commissioner of Indian Affairs for proposals for goods, supplies, transporta- tion, and so forth, for and on account of the Indian Service, whenever the value of the goods, supplies, and so forth, to be furnished, or the transportation to be performed, shall exceed the sum of $5,000, shall accompany their bids with a certified check, draft, or cashier’s check, payable to the order of the Commis- sioner of Indian Affairs, upon some United States depository Or some One of such solvent national banks as the Secretary of the Interior may designate, or by an acceptable bond in favor of the United States, which check, draft, or bond shall be for five per cent- um of the amount of the goods, supplies, transporta- tion, and SO forth, as aforesaid; and in Case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the terms on which such bid was made and accepted, such bidder, or the Sureties on his bond, shall forfeit the amount so deposited or guar- anteed to the United States, and the same shall forthwith be paid into the Treasury of the United States; but if such contract shall be duly executed, as aforesaid, such draft, check, or bond SO deposited shall be returned to the bidder. (March 3, 1875, c. 132, § 9, 18 Stat. 450, amended, May 18, 1916, c. 125, § 1, 39 Stat. 129.) - - § 4043. Copies of contracts furnished to audi- tor before payment—Copies of all contracts made by the Commissioner of Indian Affairs, Or any. Oth- er officer of the Government, for the Indian service, shall be furnished to the [Second Auditor of the Treasury] before any payment shall be made there- on. (March 3, 1875, c. 132, § 7, 18 Stat. 450.) - Text in brackets superseded by §§ 417, 420. § 4044. Proposals or bids for contracts to be preserved—That in all lettings of contracts in con- nection with the Indian service, the proposals or bids received shall be filed and preserved; * * and an abstract Of all bids or proposals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the Office of [the Second Comp- troller of the Treasury]. (Aug. 15, 1876, c. 289, § 3, 19 Stat. 199.) Portion of section omitted, requiring inclusion in the annual report of Commissioner of Indian Affairs of a statement of all bids and proposals received for services, supplies, etc., was repealed by Act June 21, 1906, c. 3504, 34 Stat. 328. Text in brackets superseded by §§ 402, 420, § 4045. Purchase of supplies without author- ity.—No claims for supplies for Indians, purchased without authority of law, shall be paid out of any ap- propriation for expenses of the Office of Indian Af- fairs, or for Indians. (R. S. § 2085.) 3 4046 (Tit. 28 INDIANS IPage 608T $ 4046. Corntracts for supplies in advance of appropriations—Hereafter the Commissioner of In- dian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, sub- ject to the approval of the Secretary of the Interior, for goods and supplies for the Indian service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in. Consequence Of Such execu- tion if Congress fails to make an appropriation for Such contract for the fiscal year for which those Sup- plies are required. Stat. 312.) § 4.047. Appropriations for supplies avail- able immediately; time for distribution-SO much of the appropriations of any annual Indian appropriation Act as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the fiscal year for which such appropriations are made, shall be im- mediately available, upon the approval of such. Act, but no such goods or supplies shall be distributed Or delivered to any of said Indians prior to the begin- ning of such fiscal year. (March 1, 1907, c. 2285, 34 Stat. 1016.) - § 4048. Transportation of supplies; by wagon —Whenever practicable wagon transportation may be performed by Indian labor; so performed the Commissioner of Indian Affairs is hereby authorized to hire a storehouse at any rail- road whenever necessary, and to employ a storekeep- er therefor, and to furnish in advance the Indians who will do the transportation with wagons and har- ness, all the expenses incurred under this provision, to be paid out of this appropriation: Provided, That hereafter contracts involving an expenditure of more than two thousand dollars shall be advertised and let to the lowest responsible bidder. (March 3, 1877, c. 101, § 1, 19 Stat. 291.) - § 4049. Same; under contract or by common carriers—From and after the passage of this Act, Indian goods and supplies shall be transported under contract as provided in the Act of March third, eight- een hundred and seventy-seven, or in Open market by common carriers, as the Secretary of the Interior in his discretion shall determine. (July 7, 1898, C. 571, § 1, 30 Stat. 676.) . . . § 4050. Warehouses for goods—Hereafter ware- houses for the receipt, storage, and shipment of goods for the Indian Service shall be maintained at the following places: New York, Chicago, Omaha, Saint Louis, and San Francisco. (April 30, 1908, c. 153, 35 Stat. 73.) - § 4051. [Transferred.] This section is now $ 10067. § 4052. Payment for wagon transportation— All wagon transportation from the point where de- livery is made by the last common carrier to the agency, school, or elsewhere, and between points on the reservation or elsewhere, shall hereafter be paid from the funds appropriated or otherwise available for the support Of the school, agency, or other project for which the supplies to be transported are purchas- ed. (June 30, 1913, c. 4, § 1, 38 Stat. 79.) § 4053. Payyment of annuities and distribution of goods—The payment Of all moneys and the dis- tribution of all goods stipulated to be furnished to any Indians, or tribe of Indians, shall be made in one of the following ways, as the President or the Secretary Of the Interior may direct: First. To the Chiefs of a tribe, for the tribe. Second. In Cases where the imperious interest of the tribe or the individuals intended to be benefited, or any treaty stipulation, requires the intervention of an agency, then to Such person as the tribe shall (Aug. 15, 1894, c. 290, § 4, 28 and whenever it is appoint to receive such moneys or goods; or if several persons be appointed, then upon the joint Order Or receipt of such persons. . Third. To the heads Of the families and to the individuals entitled to participate in the moneys Or gCOdS. Fourth. By consent of the tribe, such moneys or goods may be applied directly, under such regulations, not inconsistent with treaty stipulations, as may be prescribed by the Secretary of the Interior, to such purposes as will best promote the happiness and pros- perity of the members of the tribe, and will encourage able-bodied Indians in the habits of industry and peace. (R. S. § 2086.) § 4054. Payments per capita to individual IIl- dians—Any sums of money hereafter to be paid per capita to individual Indians shall be paid to said Indians by an officer of the Government designated by the Secretary of the Interior. (June 10, 1896, c. 398, § 1, 29 Stat. 336.) - $ 4055. Payments in satisfaction of judg- ments—Hereafter payments to Indians made from moneys appropriated by Congress in satisfaction of the judgment Of any Court shall be made under the direction of the officers of the Interior Department charged by law with the Supervision of Indian af- fairs, and all such payments shall be accounted for to the Treasury in conformity with law. (March 3, 1911, c. 210, § 28, 36 Stat. 1077.) $.4056. Withholding of annuities on account of intoxicating liquors—No annuities, or moneys, or goods, shall be paid or distributed to Indians while they are under the influence of any description of intoxicating liquor, nor while there are good and sufficient reasons leading the Officers or agents, whose duty it may be to make such payments or distribution, to believe that there is any species of intoxicating liquor within convenient reach of the Indians, nor un- til the chiefs and headmen of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduc- tion and sale of such liquor in their country. (R. S. § 2087.) § 4057. Persons present at delivery of annui- ties—The [Superintendent], agent, or sub-agent, to- gether with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. (R. S. § 2088.) Text in brackets inoperative. See § 3989 and note. § 4058. Mode of disbursements—At the discre- tion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfill treaty stipulations with individual Indians or Indian tribes, shall be made [in person by the superintendents of Indian affairs, where Superintendencies exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters, who shall witness the same, under such regulations as the Secretary of the Interior may direct. (R. S. § 2089.) Text in brackets inoperative. See § 3989 and note. § 4059. Indians 18 years of age to have right to receipt for annuity—Hereafter all Indians, when they shall arrive at the age of eighteen years, shall have the right to receive and receipt for all annuity money that may be due or become due to them, if not Otherwise in Capacitated under the regulations of the Indian Office. (March 1, 1899, c. 324, § 8, 30 Stat. 947.) - § 4060. Mode of distribution of goods—When- ever goods and merchandise are delivered to the Chiefs of a tribe, for the tribe, such goods and merchandise shall be turned Over by the agent [or Superintendent] of such tribe to the chiefs in, bulk, and in the Original package, as nearly as practicable, and in the presence of the head-men of the tribe, if practicable, to be dis- tributed to the tribe by the chiefs in such manner as Ch. 2) # 4072 INDIANS [Page 6091 the chiefs may deem best, in the presence of the agent [or superintendent]. (R. S. § 2090.) - Text in brackets inoperative. See § 3989 and note. § 4061. Commutation of rations and other supplies; payment per capita—PIereafter when, in the judgment of the Secretary of the Interior, any Indian tribe, or part thereof, who are receiving ra- tions and clothing and other supplies under this Act, are sufficiently advanced in civilization to purchase such rations and clothing and other supplies judicious- ly, they may commute the same and pay the Value thereof in money per capita to such tribe or part thereof, the manner of Such payment to be prescribed by the Secretary of the Interior. (July 1, 1898, c. 545, § 7, 30 Stat. 596.) w § 4062. Supplies distributed to able-bodied males on condition—For the purpose of inducing Indians to labor and become self-supporting, it is provided that hereafter, in distributing the Supplies and annuities to the Indians for whom the same are appropriated, the agent distributing the same shall require all able bodied male Indians between the ages of eighteen and forty-five to perform service upon the reservation, for the benefit of themselves or of the tribe, at a reasonable rate, to be fixed by the agent in Charge, and to an amount equal in Value to the Sup- plies to be delivered ; and the allowances provided for Such Indians shall be distributed to them. Only upon Condition of the performance Of Such labor, un- der Such rules and regulations as the agent may pre- scribe: Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or portion of tribe, from the Operation of this provi- sion where he deems it proper and expedient. (March 3, 1875, c. 132, § 3, 18 Stat. 449.) § 4063. Rolls of Indians entitled to supplies- Hereafter, for the purpose of properly distributing the Supplies appropriated for the Indian service, it is hereby made the duty of each agent in charge Of Indians and having Supplies to distribute, to make Out, at the Commencement of each fiscal year, rolls Of the Indians entitled to supplies at the agency, With the names Of the Indians and Of the heads Of families or lodges, with the number in each family or lodge, and to give Out Supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. (March 3, 1875, c. 132, § 4, 18 Stat. 449.) § 4064. Supplies distributed so as to prevent deficiencies—Hereafter, it shall be the duty Of the Secretary of the Interior, and the Officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appro- priation made for the current year shall not be ex- pended before the end of such current year, so as to prevent deficiencies; and no expenditure shall be made or liability incurred on the part of the Govern- ment on account of the Indian Service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. (March 3, 1875, c. 132, § 6, 18 Stat. 450.) - $ 4065. Appropriations for subsistence—Here- after the Secretary of the Interior, under the direc- tion of the President, may use any surplus that may remain in any of the said appropriations for the pur- chase of subsistence for the several Indian tribes, to an amount not exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Shall be made under authority of this section shall be reported in detail, and the reason therefor, to Con- greSS, at the session of Congress next succeeding such diversion: Provided, further, That the Secretary of the Interior, under direction of the President, may use any sums appropriated in this Act for subsistence, CoMP.S.T.’18–39 Provided, That any diversions which and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, and shall re- port to Congress, at its next session thereafter, an account of his action under this provision: Provided further, That funds appropriated to fulfill treaty Ob- ligations shall not be used. (March 1, 1907, c. 2285, 34 Stat. 1016.) $ 4066. Appropriations for employés and supplies; diversion—That the several appropria- tions made for millers, blacksmiths, engineers, car- penters, physicians, and other persons, and for various articles provided for by treaty stipulation for the sev- eral Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the dis- cretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he Cause report to be made to Congress, at its next ses- sion thereafter, of his action under this provision. (March 1, 1907, c. 2285, 34 Stat. 1016.) (R. S. § 2091. Repealed.) This section, relating to accounts, by disbursing officers, was superseded by § 6617, and repealed by Act June 25, 1910, c. 431, § 19, 36 Stat. 860. $ 4067. Advances to disbursing officers—No [Superintendent of Indian affairs, or Indian agent, or Other disbursing officer in such service, shall have ad- vanced to him, On Indian Or public account, any money to be disbursed in future, until such [superintendent, agent, Or Officer in Such service has settled his a C- Counts Of the preceding year, and has satisfactorily shown that all balances in favor of the Government, Which may appear to be in his hands, are ready to be paid over on the order of the Secretary of the In- terior. (R. S. § 2092.) Text in brackets inoperative. See § 3989 and note. § 4068. Deposits in bank by disbursing agents —Hereafter any United States Indian agent, [Super- intendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such national bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to said disbursing agent a bond, with ap- proved Surety, in Such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. (April 30, 1908, c. 153, 35 Stat. 73.) Text in brackets' inoperative. See § 3989 and note. $ 40.69. Proceeds of sales of Indian lands— All moneys received from the Sales Of lands that have been, Or may be hereafter, Ceded to the United States by Indian tribes, by treaties providing for the invest- ment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of Survey and sale, any Sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that mon- eys received from the sales of public lands are paid into the Treasury. (R. S. § 2093.) $ 4070. Appropriation to carry out treaties— All sums that are or may be required to be paid, and all moneys that are Or may be required to be invested by the treaties mentioned in the preceding section, are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. (R. S. § 2094.) § 4071. Proceeds of sales of lands not subject to certain deductions—No part of the expenses of the public lands Service shall be deducted from the proceeds of Indian lands sold through the General Land Office, except as authorized by the treaty or agreement providing for the disposition of the lands. (July 4, 1884, c. 180, § 10, 23 Stat. 98.) § 4072. Disposal of proceeds of pasturage— The proceeds of all pasturage and sales of timber, 3 4073 (Tit. 28 INDIANS IPage 6101 'Coal, or other product of any Indian reservation, ex- 'Cept those of the five civilized tribes, and not the re- sult of the labor of any member of such tribe, shall be Covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall re- port, his action in detail to Congress at its next ses- Sion. (March 3, 1883, c. 141, § 1, 22 Stat. 590.) § 4073. Investments of stock required by treaties—All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and spe- Cial accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be an- nually laid before Congress. (R. S. § 2095.) $ 4074. Investment of proceeds of lands—The Secretary of the Interior shall invest in a manner Which shall be in his judgment most safe, and bene- ficial for the fund, all moneys that may be received under treaties containing stipulations for the pay- ment to the Indians, annually, of interest upon the proceeds Of the lands ceded by them ; and he shall Imake no investment of such moneys, or of any portion, at a lower rate of interest than five per centum per annum. (R. S. § 2096.) § 4075. Custody of stocks or bonds held in trust for tribes—All stocks, bonds, or other securi- ties or eyidences of indebtedness now held by the Secretary of the Interior in trust for the benefit of Certain Indian tribes shall, within thirty days from the passage of this act, be transferred to the Treasur- er Of the United States, who shall become the cus- todian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, Stocks, &c., and deposit the same in the Treas- ury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustees for Various Indian tribes. And the Treasurer Of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty-stipulations or by acts of Con- gress when requested so to do by the Secretary of the Interior: Provided, That nothing in this act shall in any manner impair or affect the supervisory and ap- pellate powers and duties in regard to Indian affairs which may now be vested in the Secretary of the In- terior as trustee for Various Indian tribes, except as to the custody of said bonds and the collection of in- terest thereon as hereinbefore mentioned. (June 10, 1876, c. 122, 19 Stat. 58.) $ 4076. Deposit in Treasury of trust funds— That the Secretary of the Interior be, and he is here- by, authorized to deposit, in the Treasury of the |United States, any and all sums now held by him, or which may hereafter be received by him, as Secre- tary Of the Interior and trustee of Various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust-fund, and all sums received on account of sales Of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the Opinion that the best interests of the In- dians will be promoted by such deposits, in lieu of investments; and the United States shall pay inter- est semi-annually, from the date of deposit Of any and all Such Sums in the United States Treasury, at the rate per annum stipulated by treaties or prescrib- ed by law, and such payments shall be made in the usual manner, as each may become due, without fur- ther appropriation by Congress. (April 1, 1880, c. 41, 21 Stat 70.) § 4077. Contracts relating to tribal funds or property—No contract made with any Indian, where such contract relates to the tribal funds or property in the hands of the United States, shall be valid, nor shall any payment for services rendered in relation to the Order Of Such Indian: thereto be made unless the consent of the United States has previously been given. (June 30, 1913, c. 4, § 18, 38 Stat. 97.) $ 4077a. Expenditure from tribal funds with- out specific appropriations—Thereafter no money Shall be expended from Indian tribal funds without Specific appropriation by Congress except as follows: Equalization of allotments, education of Indian chil- dren in accordance with existing law, per capita and Other payments, all of which are hereby continued in full force and effect: Provided further, That this Shall not change existing law with reference to the Five Civilized Tribes. (May 18, 1916, c. 125, § 27, 39 Stat. 159.) $ 4077aa. Expenditures from tribal funds au- thorized—That the Secretary of the Interior be, and he is hereby, authorized in his discretion to expend for the benefit of Indians, from their tribal funds held in trust or otherwise, not exceeding $2,500,000 during the fiscal year ending June thirtieth, nineteen hundred and nineteen, as provided by section twenty- Seven Of the Act of May eighteenth, nineteen hundred and sixteen (Thirty-ninth Statutes at Large, page One hundred and fifty-eight), in addition to such sums as may be required for equalization of allotments, education of Indian children, per capita and other payments to Indians and expenditures for the Five Civilized Tribes in accordance with existing law: ProVided, That expenditures shall not be made from any One fund for purposes other than those above Specified in excess of the estimates submitted by the Secretary of the Interior and appearing in House of Representatives Document Numbered Four hundred and ninety-nine, Sixty-fifth Congress, second session: And provided further, That no expenditures shall be made from tribal or treaty funds which are not au- thorized by existing laws governing their disposition and use. (May 25, 1918, c. 86, § 27, 40 Stat.) Act May 18, 1916, c. 125, § 27, see §§ 398a, 4077a. $ 4077 b. Contracts for compensation for serve- ices in relation to enrollment in Five Civilized Tribes—Unless the consent of the United States shall have previously been given, all contracts made with any person, Or persons, now or hereafter applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, are hereby declared to be void and of no effect, and the Collection or receipt of any moneys from any such ap- plicants for citizenship shall constitute an offense against the laws of the United States, punishable by a fine of not exceeding $500 or imprisonment for not exceeding six months, or both, and lands allotted to such applicants whether Indians or freedmen shall not be affected or encumbered by any deed, debt, or Obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States. (Aug. 1, 1914, c. 222, § 17, 38 Stat. 598.) $ 4078. Allotment of tribal funds to individ- ual Indians—The Secretary of the Interior is here- by authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his Or her affairs, and he may cause to be apportioned and allotted to any Such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury Of the United States to the Credit of the tribe or tribes of which said Indian is a member, and the amount SO apportioned and allotted Shall be placed to the Credit of such Indian upon the books Of the Treasury, and the same shall thereupon be subject Provided, That no ap- portionment or allotment shall be made to any In- dian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are hereby directed to withhold from Such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims Ch. 2) 3 4087 INDIANS [Page 6111 against said Indians that may be pending for settle- || ment by judicial determination in the Court of Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. (March 2, 1907, c. 2523, § 1, 34 Stat. 1221.) $ 4078a. Segregation, deposit, and investment of tribal funds—The Secretary of the Interior be, and he is hereby authorized, under such rules and regula- tions as he may prescribe, to withdraw from the United States Treasury and segregate the common, Or Community funds of any Indian tribe which are, or Imay hereafter be, held in trust by the United States, and Which are Susceptible Of Segregation, SO as to Credit an equal share to each and every recognized member of the tribe except those whose pro rata Shares have already been withdrawn under existing law, and to deposit the funds so segregated in banks to be selected by him, in the State or States in which the tribe is located, subject to withdrawal for pay- ment to the individual owners Or expenditure for their benefit under the regulations governing the use of Other individual Indian moneys. The said Secretary is also authorized, under such rules and regulations as he may prescribe, to withdraw from the Treasury and deposit in banks in the State or States in which the tribe is located to the credit of the respective tribes, such Common, or Community, trust funds as are not susceptible of segregation as aforesaid, and On which the United States is not obligated by law to pay interest at higher rates than can be procured from the banks; Provided, That no tribal or individ- Ulal Indian money shall be deposited in any bank un- til the bank shall have agreed to pay interest there- On at a reasonable rate and shall have furnished an acceptable bond or collateral security therefor, and United States bonds may be furnished as collateral security for either tribal or individual funds so de- posited, in lieu of Surety bonds: Provided further, That the Secretary of the Interior, if he deems it ad- Visable and for the best interest Of the Indians, may invest the trust funds of any tribe or individual In- dian in United States Government bonds: And pro- vided further, That any part of tribal funds requir- ed for support of schools or pay of tribal Officers shall be excepted from segregation or deposit as herein au- thorized and the same shall be expended for the pur- poses aforesaid: Provided, however, That the funds of any tribe shall not be segregated until the final rolls of said tribe are complete: And provided fur- ther, That the foregoing shall not apply to the funds of the Five Civilized Tribes, or the Osage Tribe of Indians, in the State of Oklahoma, but the funds of such tribes and individual members thereof Shall be deposited in the banks of Oklahoma or in the United States Treasury arid may be secured by the deposit of United States bonds. (May 25, 1918, c. 86, § 28, 40 Stat.) § 4079. Payment of share of tribal funds to helpless Indians—The pro rata share of any Indian who is mentally or physically incapable of managing his or her own affairs may be withdrawn from the Treasury in the discretion of the Secretary of the In- terior and expended for the benefit of such Indian under such rules, regulations, and conditions as the said Secretary may prescribe: Provided, That said funds of any Indian shall not be withdrawn from the Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior. (March 2, 1907, c. 2523, § 2, 34 Stat. 1221, amended, May 18, 1916, c. 125, § 1, 39 Stat. 128.) § 4080. Accounts between United States and tribes under reimbursable appropriations—EIere- after the Secretary Of the Interior shall cause to be Stated annual a CCOunts between the United States and each tribe of Indians arising under appropriations heretofore, herein, or hereafter to be made, which by law are required to be reimbursed to the United States, Crediting in said accounts the sums so reim- bursed, if any; and the Secretary of the Interior shall pay, Out of any fund or funds belonging to such tribe Or tribes of Indians applicable thereto and held by the United States in trust or otherwise, all balances of accounts due to the United States and not already reimbursed to the Treasury, and deposit such sums in the Treasury as miscellaneous receipts; and such accounts shall be received and examined by the prop- er auditor of the Treasury Department and the balanc- eS arising thereon certified to the Secretary of the Treasury. (April 4, 1910, c. 140, § 1, 36 Stat. 270.) § 4081. Misapplieation of funds—No funds be: longing to any Indian tribe with which treaty rela- tions exist shall be applied in any manner not au- thorized by such treaty, or by express provisions of law ; nor Shall money appropriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law. (R. S. § 2097.) $ 4082. £ndian depredations, how paid—No part of the moneys which may be appropriated in any general act or deficiency bill making appropriations for the Current and contingent expenses incurred in Indian affairs, to pay annuities due to or to be used and expended for the care and benefit of any tribe or tribes Of Indians, shall be applied to the payment of any claim for depredations that may have been or may be Committed by such tribe or tribes, or any mem. ber or members thereof. No claims for Indian depre- dations shall be paid until Congress shall make special appropriation therefor. (R. S. § 2098.) - $ 4083. Moneys or annuities of hostile In- dians–No moneys or annuities stipulated by any treaty With an Indian tribe for which appropriations are made shall be expended for, or paid, or delivered to any tribe which, since the next preceding payment under Such treaty, has engaged in hostilities against the United States, or against its citizens peacefully or lawfully SOjourning or traveling within its jurisdic- tion at the time of such hostilities; nor in such case Shall Such stipulated payments or deliveries be re- Sumed until new appropriations shall have been made therefor by Congress. And the Commissioner of In- dian Affairs shall report to Congress, at each session, any Case of hostilities, by any tribe with which the United States has treaty stipulations, which has oc- curred since his next preceding report. (R. S. § 2100.) $ 4084. Appropriations not paid to Indians at war with United States—None of the appropriations herein made, or of any appropriations made for the In- dian Service, shall be paid to any band of Indians or any portion of any band while at war with the United States or with the white citizens of any of the States ºferritories (March 3, 1875, c. 132, § 2, 18 Stat. 449.). - $ 4085. Goods withheld from ehiefs violating treaty stipulations—No delivery of goods or mer- Chandise shall be made to the chiefs of any tribe, by authority of any treaty, if such chiefs have violated the stipulations contained in such treaty upon their part. (R. S. § 2101.) (R. S. § 2102. Superseded.) Provided for withholding from any tribe of Indians hold- ing American captives any moneys due them, until such º should have been surrendered. Superseded by § 4086. Moneys due Indians holding captives other than Indians withheld—That the Secretary of the Interior be authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, any moneys due them from the United States until Said captives shall be Surrendered to the lawful authorities of the United States. (March 3, 1875, c. 132, § 1, 18 Stat. 424.) § 4087. Contracts with Indian tribes or In- dians—No agreement shall be made by any person With any tribe of Indians, or individual Indians not citizens of the United States, for the payment or de- livery of any money or other thing of value, in pres- ent or in prospective, or for the granting Or proCilring & 4087 (Tit. 28 INDIANS IPage 612] any privilege to him, or any other person in consid- eration of services for said Indians relative to their lands, or to any claims growing out of, or in reference to, annuities, installments, or other moneys, Claims, demands, or thing, under laws or treaties with the United States, or official acts of any officers thereof, or in any way connected with or due from the Unit- ed States, unless such contract or agreement be exe- cuted and approved as follows: * Eirst. Such agreement shall be in writing, and a duplicate of it delivered to each party. Second. It shall be executed before a judge of a court of record, and bear the approval of the Secre- tary of the Interior and the Commissioner of Indian Affairs indorsed upon it. Third. It shall contain the names of all parties in interest, their residence and occupation ; and if made with a tribe, by their tribal authorities, the scope of authority and the reason for exercising that author- ity, shall be given specifically. Fourth. It shall state the time when and place where made, the particular purpose for which made, the special thing or things to be done under it, and, if for the collection of money, the basis of the claim, the source from which it is to be collected, the disposi- tion to be made Of it. When Collected, the amount Or rate per centum of the fee in all cases; and if any contingent matter or condition constitutes a part of the contract or agreement, it shall be specifically set forth. Fifth. It shall have a fixed limited time to run, which shall be distinctly stated. Sixth. The judge before whom such contract or agreement is executed shall certify officially the time when and place where such contract or agreement was executed, and that it was in his presence, and Who are the interested parties thereto, as stated to him at the time; the parties present making the same ; the source and extent of authority claimed at the time by the contracting parties to make the contract Or agree- ment, and whether made in person Or by agent Or at- torney of either party or parties. All contracts or agreements made in violation of this section shall be null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any One else, for Or on his or their behalf, On account of Such services, in excess of the amount approved by the Commissioner and Secretary for Such services, may be recovered by Suit in the name of the Dnited States in any court of the United States, re- gardless Of the amount in controversy ; and One-half thereof shall be paid to the person suing for the same, and the other half shall be paid into the Treasury for the use of the Indian Or tribe by Or for Whom it was so paid. (R. S. § 2103.) $ 4088. Payments under contracts restricted —No money shall be paid to any agent or attorney by an Officer of the United States under any Such COn- tract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto ; and no money or thing shall be paid to any person for Services under such contract or agreement, until such person shall have first filed with the Commissioner Of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the In- terior and Commissioner of Indian Affairs shall de- termine therefrom whether, in their judgment, such contract or agreement has been complied with or ful- filled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. (R. S. § 2104.) § 4089. Receiving moneys under prohibited contracts; aiding in making prohibited contracts or payments—The perSon so receiving such money contrary to the provisions of the two preceding sec- tions, and his aiders and abettors, shall, in addition . to the forfeiture of such sum, be punishable by impris- onment for not less than six months, and by a fine of not less than one thousand dollars. And it shall be the duty of all" district attorneys to prosecute such Cases when applied to do so, and their failure and re- fusal shall be ground for their removal from office. Any Indian agent, or other person in the employment of the United States, who shall, in violation of the provisions of the preceding section, advise, sanction, Or in any way aid in the making of such contracts or agreements, Or in making Such payments as are here prohibited, shall, in addition to the punishment here- in imposed. On the perSOn making such contract, Or. receiving such money, be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same. (R. S. § 2105.) - § 4090. Assignments of contracts restricted— NO assignment of any COntracts embraced by Sec- tion twenty-one hundred and three, or of any part of one shall be valid, unless the names of the assignees : and their residences and Occupations be entered in Writing upon the Contract, and the COnsent Of the Sec- retary of the Interior and the Commissioner of In- dian Affairs to Such assignment be also indorsed there- on. (R. S. § 2106.) (R. S. § 2107. Superseded.) This section, relating to payments to contractors for goods, supplies, etc., was Superseded by § 3982. § 4091. False vouchers, accounts, or claims- Any disbursing or other officer of the United States, or other person, who shall knowingly present, Or Cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or pay- ment, or for the purpose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian service, which shall Contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received ; or of the service ren- dered, or to the date of purchase, delivery; or per- formance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such cred- it shall be given or received, or payment made, the TJnited States may recharge the same to the Officer or person receiving the credit or payment, and recoVer the amount from either or from both, in the same manner as other debts due the United States are Col- lected: Provided, That where an account contains more than one voucher the foregoing shall apply Only to such vouchers as contain the misrepresentation: And provided further, That the officers and perSons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presum- ed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provid- ed further, That the foregoing shall be in addition to the penalties now prescribed by law, and in no way affect proceedings under existing law for like of— fenses. That where practicable this section shall be printed on the blank forms of vouchers provided for general use. (July 4, 1884, c. 180, § 8, 23 Stat. 97.) § 4092. Moneys due incompetents or orphans —The Secretary Of the Interior is directed to Cause Settlements to be made with all persons appointed by Indian Councils to receive moneys due to incompetent or Orphan Indians, and to require all moneys found due to Such incompetent Or Orphan Indians to be re- turned to the Treasury; and all moneys SO returned shall bear interest at the rate of six per Centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian Coun- Gil to receive moneys due to incompetent Or Orphan. Indians, but the same shall remain in the Treasury of the United States until Ordered to be paid by the Secretary to those entitled to receive the same, and Ch. 3) # 4103 INDIANS [Page 6131 shall bear six per centum interest until so paid. (R. S. § 2108.) § 4093. Report of Indians present and receiv- ing food—Whenever the issue of food, Clothing, Or supplies of any kind to Indians is provided for, it shall be the duty of the agent or commissioner issuing the same, at such issue thereof, whether it be both of food and clothing, or either of them, or of any kind of Supplies, to report to the Commissioner of Indian Af- fairs the number of Indians present and actually re- ceiving the same. (R. S. § 2109.) § 4094. Rations—The President is authorized to Cause Such rations as he deems proper, and as can be Spared from the Army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations; and a Special account of these issues shall be kept and ren- dered. (R. S. § 2110.) - Chapter Three—Government and Pro- tection of Indians 4095. Seditious messages; sending. 4096. Same; carrying. 4097. cºndence with foreign nations, to excite Indians O Wą,I’. 4098. Superintendence by President over tribes west of Mis- SISSIppl. 4099. Survey of reservations. 4100. Purchases or grants of lands from Indians. 4101. Fees on behalf of Indian parties in contests under pub- lic land laws. 4102. District attorneys to represent Indians. 4103. Marriage of white men to Indian Women ; erty. 4104. Marriage of Indian women to White men; erty. 4105. Marriage of white men to Indian women; evidence. 4106. Same; rights of children. 4107. Driving stock to feed on lands. 4108. Settling on or surveying lands belonging to Indians by treaty. 4109. Protection of Indians desiring civilized life. 4110. Trespassing on lands of civilized Indians. 4111. Suspension of chief for trespass. 4112. Sale of buildings belonging to United States. 4113. Sale of lands with buildings. - 4114. Renewal of government property at reservation or school, not required for use. 4115. Same; transfer or Sale. 4116. Penalties under Title; how recovered. 4117. Proceedings against goods seized for violation of Title. 4113. Trial of right of property; burden of proof. 4119. [Repealed.] & 4120. Šale by agents of cattle or horses, not required. . . 4121. Sale of cattle purchased by Government to non tribal members. 4122. Sale or other disposition of dead timber. 4123. Same; in Minnesota. 4124. Fund for encouraging agricultural industry. tribal prop- tribal prop- 4125. Same; additional fund. 4125a. Same; additional fund. g 4125b. Contagious and infectious diseases; hospitals; quar- antine. 4126. Access to records of Five Civilized Tribes. - 4126a. Report of offense or case of Indian incarcerated in agency jail. § 4095. Seditious messages; sending—Every person who sends any talk, message, or letter to any indian nation, tribe, chief, or individual, With an in- tent to produce a contravention or infraction. Of any treaty or law of the United States, or to disturb the peace and tranquility of the United States, is liable to a penalty of two thousand dollars. (R. S. § 2111.) § 4096. Same; carrying—Every person Who Car- ries or delivers any talk, message, Speech, or letter, intended to produce a contravention or infraction Of any treaty or law of the United States, or to disturb the peace or tranquility of the United States, know- ing the contents thereof, to or from any Indian na- tion, tribe, chief, or individual, from or to any per- son or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars. (R. S. § 2112.) § 4097. Correspondence with foreign nations, to excite Indians to war—Every person who carries On a correspondence, by letter or otherwise, with any foreign nation Or power, With an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief, or individual, to war against the United States, Or to the violation of any existing treaty; Or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the Govern- ment of the United States, is liable to a penalty of One thousand dollars. (R. S. § 2113.) § 4098. Superintendence by President over tribes west of Mississippi—The President is au- thorized to exercise general superintendence and care over any tribe or nation which was removed up- On an exchange of territory under authority of the act of May twenty-eighth, eighteen hundred and thir- ty, “to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi;” and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, Or from any other person or persons whatever. (R. S. § 2114.) § 4099. Survey of reservations—Whenever it becomes necessary to survey any Indian Or other reservations, or any lands, the same shall be Sur- veyed under the direction and control of the Gener- al Land-Office, and as nearly as may be in Conform- ity to the rules and regulations under which other public lands are surveyed. . (R. S. § 2115.) § 4100. Purchases or grants of lands from Indians—No purchase, grant, lease, Or Other Convey- ance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or in- directly, or to treat with any such nation Or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty Of One thousand dollars. The agent of any State Who may be present at any treaty. held with Indians under the authority of the United States, in the presence and with the approbation of the Commissioner of the TJnited States appointed to hold the same, may, how- ever, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. (R. S. § 2116.) § 4101. Fees on behalf of Indian parties in contests under public land laws—To enable the Secretary of the Interior, in his discretion, to pay the legal costs incurred by Indians in contests initiated by or against them, to an entry, filing Or other claims, under the laws of Congress relating to public lands for any sufficient cause affecting the legality or validity of the entry, filing or claim, five thousand dollars: Provided, That the fees to be paid by and on behalf of the Indian party in any case shall be one-half of the fees provided by law in Such cases, and said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land Officers through the Commissioner of the General Land Office. (March 3, 1893, c. 209, § 1, 27 Stat. 631.) § 4102. District attorneys to represent in- dians—In all States and Territories where there are reservations or allotted Indians the United States District Attorney shall represent them in all Suits at law and in equity. (March 3, 1893, C. 209, § 1, 27 Stat. 631.) § 4103. Marriage of white men to Indian wo— men; tribal property—No white man, not otherwise a member of any tribe Of Indians, who may hereafter marry, an Indian Woman, member of any Indian tribe in the United States, or any of its Territories except the five civilized tribes in the Indian Territory, shall by such marriage hereafter acquire any right to any 3 4104 (Tit. 28 INDIANS [Page 614] Or interest whatever to (Aug. tribal property, privilege, which any member of Such tribe is entitled. 9, 1888, c. 818, § 1, 25 Stat. 392.) § 4104. Marriage of Indian women to white men; tribal property–Every Indian Woman, member Of any Such tribe Of Indians, who may hereafter be married to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married WO- man: Provided, That nothing in this act contained shall impair Or in any way affect the right Or title of such married woman to any tribal property Or any interest therein. (Aug. 9, 1888, C. 818, § 2, 25 Stat. 302.) § 4105. - Marriage of white men' to Indian women; evidence—Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required Or Offered to be proved in any judicial proceeding, evidence of the ad- mission of such fact by the party against whom the proceeding is had, or evidence of general repute, Or of cohabitation as married persons, or any other Cir- cumstantial or presumptive evidence from which the fact may be inferred, shall be competent. (Aug. 9, 1888, c. 818, § 3, 25 Stat. 392.) - § 4106. Šame; rights of children—All chil- dren born of a marriage heretofore solemnized be- tween a white man and an Indian woman by blood and not by adoption, where said Indian woman is at this time, or was at the time of her death, recognized by the tribe shall have the same rights and privileges to the property of the tribe to which the mother be- longs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. (June 7, 1897, c. 3, § 1, 30 Stat. 90.) § 4107. Driving stock to feed on lands—Every person who drives or otherwise conveys any stock of horses, Inules, or Cattle, to range and feed On any land belonging to any Indian or Indian tribe, with- out the consent of such tribe, is liable to a penalty of One dollar for each animal of such stock. (R. S. § 2117.) $ 4108. Settling on or surveying lands belong- ing to Indians by treaty—Every person Who makes a settlement on any lands belonging, Secured, or grant- ed by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take Such measures and employ such military force as he may judge necessary to remove any such person from the lands. (R. S. § 2118.) & § 4109. Protection of Indians desiring civi- Iized life—Whenever any Indian, being a member Of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of Civilized life, has bad a portion of the lands belonging to his "tribe al- lotted to him in severalty, in pursuance Of Such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent With law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. (R. S. § 2119.) § 4.110. Trespassing on lands of civilized In- dians—Whenever any person of Indian blood belong- ing to a band or tribe which receives or is entitled to receive annuities from the United States, and who has not adopted the habits and customs of civilized life, and received his lands in severalty by allot- ment, as mentioned in the preceding section, Commits any trespass upon the lands or premises of any Indian who has so received his lands by allotment, the Superintendent and agent of Such band or tribe shall ascertain the damages resulting from such trespass, and the Sum SO ascertained shall be Withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion Of the Superintendent he shall deem proper; and the Sum so withheld shall, if the Secretary of the Interior ap- proves, be paid Over by the agent or Superintendent to the party injured. (R. S. $ 2120.) § 41 l 1. Suspension of chief for trespass— Whenever such trespasser as is mentioned in the pre- ceding section is the Chief or head-man Of a band Or tribe, the superintendent of Indian affairs in his district shall also suspend the trespasser from his Office for three months, and shall during that time deprive him of all the benefits and emoluments con- nected there with; but the Chief Or head-man may be Sooner restored to his former Ständing if the Super- intendent shall so direct. (R. S. $ 2121.) § 4112. Sale of buildings belonging to United States—The Secretary Of the Interior is authorized to cause all such buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold Whenever the lands On which the Sanhe are erected have become the property of the United States, and are no longer necessary for Such purposes. (R. S. $ 2122.) See §§ 4113-4115, 4171. § 4113. Sale of lands with buildings—The Sec- retary of the Interior is authorized to cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding One section; and on the pay- ment of the consideration agreed for into the Treas- ury of the United States by the purchaser, the Sec- retary shall make, execute, and deliver to the pur- Chaser a title in fee-simple for such lands and tene- ments. (R. S. $ 2123.) § 41 14. Removal of government property at reservation or school, not required for use— Hereafter where there is Government property on hand at any of the Indian reservations or Schools not required for the use or benefit of the Indians of said reservations or schools, the Secretary of the Interior is hereby authorized to move such property to other Indian reservations or schools where it may be required. (March 1, 1907, c. 2285, 34 Stat. 1016.) § 41 15. Same; transfer or sale—Whenever there is On hand at any of the Indian reservations government property not required for the use and benefit of the Indians on such reservations, the Secre- tary of the Interior is authorized to cause any such property to be transferred to any other Indian res- ervation where it may be used advantageously, or to cause it to be sold and the proceeds thereof de- posited and covered into the Treasury in conformity with Section thirty-six hundred and eighteen of the Revised Statutes of the United States. (July 1, 1898, c. 545, § 6, 30 Stat. 596, amended, June 25, 1910, c. 431, § 22, 36 Stat. 861.) § 41 16. Penalties under Title; how recovered —All penalties which shall accrue under this Title Shall be sued for and recovered in an action in the nature of an action of debt, in the name of the Unit- ed States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one-half to the use of the informer and the Other half to the use of the United States, except when the prosecu- tion shall be first instituted on behalf Of the United States, in Which Case the whole shall be to their use. (R. S. $ 2124.) § 4117. Proceedings against goods seized for violation of Title—When goods Or Other property shall be seized for any violation of this Title, it shall be lawful for the person prosecuting on behalf of the United States to proceed against Such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into Ch. 3) ź 4125b. INDIANs IPage 615] the United States in violation of the revenue laws. (R. S. $ 2125.) . . . . ; iis. Trial of right of property; burden of proof–In all trials about the right of property in which an Indian may be a party on One side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. (R. S. $ 2126.) - § 4119. [Repealed.] This section, prohibiting the granting of permits to any Indian to go into Texas, was repealed by Act May 18, 1916, c. 125, § 1, 39 Stat. 128. § 4120. Sale by agents of cattle or horses, not required—The agent of each tribe of Indians, law- fully residing in the Indian country, is authorized to sell for the benefit of Such Indians any cattle, horses, or other live stock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the Secretary ot the Interior. to interfere with the execution of any Order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops. (R. S. $ 2127.) $ 4121. Sale of eattie purchased by Govern- ment to non tribal members—Where Indians are in possession or control of cattle or their increase which have been purchased by the Government Such Cattle shall not be sold to any person not a member Of the tribe to which the Owners of the Cattle belong or to any citizen of the United States whether inter- married with the Indians or not except with the consent in writing of the agent of the tribe to which the owner or possessor of the cattle belongs. And all sales made in violation of this provision shall be Void and the offending purchaser on conviction thereof Shall be fined not less than five hundred dollars and imprisoned no less than six months. (July 4, 1884, C. 180, § 1, 23 Stat. 94.) . - - § 4122. Sale or other disposition of dead tim- ber—The President of the United States may from year to year in his discretion under such regula- tions as he may prescribe authorize the Indians re- 'siding on reservations or allotments, the fee to Which remains in the United States, to fell, cut, remove, Sell or otherwise dispose of the dead timber standing or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But when- ever there is reasonable cause to believe that such tim- ber has been killed, burned, girdled, or otherwise in- jured for the purpose of securing its sale under this act then in that case such authority shall not be granted. (Feb. 16, 1889, c. 172, 25 Stat. 673.) • , $ 4123. Same; in Minnesota—The Secretary of the Interior may in his discretion, from year to year, under such, regulations as he may prescribe, author- ize the Indians residing on any Indian reservation in the State of Minnesota, whether the same has been allotted in severalty or is still unallotted, to fell, Cut, remove, sell or otherWise dispose of the dead timber, standing or fallen On Such reservation Or any part thereof, for the sole benefit of such Indians; and he may also in like manner authorize the Chippewa Indians Of Minnesota who have any interest Or right in the proceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, sell or otherwise dispose Of the dead timber, Standing or fallen, on such ceded land. But whenever there is reason to believe that such dead timber in either case has been killed, burned, girdled, or otherwise in- jured for the purpose of securing its sale under this Act, then in that case authority shall not be granted. (June 7, 1897, c. 3, § 1, 30 Stat. 90.) § 4124. Fund for encouraging agricultural industry—There is hereby appropriated the sum of thirty thousand dollars, or so much thereof as may be necessary, to be immediately available, for the pur- pose of encouraging industry among Indians, and to and Other agricultural equipment: But no such sale shall be made SO as the use Of this fund. aid them to engage in the Culture of fruits, grains, , , and other Crops. The Said sum may be used for the purchase of animals, machinery, tools, implements, Provided, That the sum hereby appropriated shall be expended sub- ject to the conditions to be prescribed by the Sec- retary of the Interior for its repayment to the United. States, On Or before June thirtieth, nineteen hundred and eighteen, and all repayments to this fund made On Or before June thirtieth, nineteen hundred and seventeen are hereby appropriated for the same pur- pose as the Original fund, and the entire fund, includ- ing such repayments, shall remain available until June thirtieth, nineteen hundred and seventeen, and all repayments to the fund hereby Created which, shall be made subsequent to June thirtieth, nineteen hundred and seventeen, shall be covered into the Treasury and shall not be withdrawn or applied, ex- cept in consequence of a subsequent appropriation made by law: Provided further, That the Secretary Of the Interior shall Submit to Congress annually On. the first Monday in December a detailed report Of (March 3, 1911, c. 210, § 1, 36 Stat. 1061.) -- - § 4125. Same; additional fund—For the pur- pose of encouraging industry among the Indians and to aid them in the culture of fruits, grains, and other crops, $100,000, or so much thereof as may be necessary, to be immediately available, which sum, may be used for the purchase of animals, machinery, tools, implements, and Other equipment necessary to enable Indians to become Self-supporting: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States On or before June thirtieth, nineteen hundred and twenty-five, and all repayments to this fund made on or before June thir- tieth, nineteen hundred and twenty-four, are hereby reappropriated for the same purpose as the Original fund, and the entire fund, including such repayments, Shall remain available until June thirtieth, nineteen . hundred and twenty-four, and all repayments to the fund hereby created which shall be made subsequent to June thirtieth, nineteen hundred and twenty-four, shall be covered into the Treasury and shall not be withdrawn or applied except in COnSequence Of a sub- sequent appropriation made by law: Provided further, That the Secretary of the Interior shall Submit to Congress annually on the first Monday in . December a detailed report of the use of this fund. (June 30, 1913, c. 4, § 1, 38 Stat. 80.) - . . § 4.125a. Same; additional fund—For the pur- pose of encouraging industry and self-Support almong the Indians and to aid them in the culture of fruits, grains, and other crops, $600,000, or so much thereof as may be necessary, to be immediately available, which sum may be used for the purchase of seed, animals, machinery, tools, implements, and other equipment necessary to enable Indians to become self- Supporting: Provided, That said sum shall be ex- pended under conditions to be prescribed by the Sec- retary of the Interior for its repayment to the United States on Or before June thirtieth, nineteen hundred and twenty-five: Provided further, That hereafter the Secretary of the Interior shall submit to Congress annually on the first Monday in December a detailed report of all moneys appropriated for the purpose of encouraging industry among Indians: And provided also, That not to exceed $75,000 of the amount here- in appropriated shall be expended on any one reserva- tion or for the benefit of any one tribe of Indians. (Aug. 1, 1914, c. 222, § 1, 38 Stat. 586, 587.) For current appropriation for purposes mentioned in this section, see Act May 25, 1918, c. 86, § 1, 40 Stat. . § 4125b. Comtagious and infectious diseases; hospitals; quarantine—To relieve distress among Indians and to provide for their care and for the pre- vention and treatment Of tuberculosis, tra Choma, smallpox, and other contagious and infectious dis- 3 4125b INDIANS (Tit. 28 * IPage 616] eases, including the purchase of vaccine and expense Sec. of vaccination, correction of sanitary defects in In- || 4154. Same; detention of persons apprehended. 4155. Arrest of absconding Indians. dian homes, $300,000: * * not to exceed $100,000 of the amount herein appropri- ated may be expended in the erection and equipment of hospitals for the use of Indians; and no hospital shall be constructed at a cost to exceed $15,000, in- cluding equipment: Provided further, That hereafter the Secretary of the Interior shall submit to Congress annually a detailed report as to all moneys expended in the erection of hospitals as provided for herein: Provided further, That whenever the Secretary of the Interior shall find any Indian afflicted with tuber- Culosis, trachoma, or other contagious or infectious diseases, he may, if in his judgment the health of the afflicted Indian or that of other persons require it, isolate, or quarantine such afflicted Indian in a hos- pital or other place for treatment. The Secretary of the Interior may employ such means as may be neces- Sary in the iSO1ation, Or quarantine Of Such Indian, and it shall be the duty of such Indian so afflicted to Obey any Order or regulation made by the Secretary of the Interior in carrying out this provision. 1, 1914, c. 222, § 1, 38 Stat. 583, 584.) For current appropriation for purposes mentioned in this section, see Act May 25, 1918, c. 86, § 1, 40 Stat. $ 4126. Access to records of Five Civilized Tribes—The Secretary of the Interior, or his accredit- ed representative, shall at all times have access to any books and records of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, whether in pos- seSSion of any Of the Officers Of either of Said tribes or any officer or custodian thereof, of the future $tate of Oklahoma. (March 1, 1907, c. 2285, 34 Stat. 1027.) - § 4126a. Report of offense or case of Indian. incarcerated ign agency jail—Hereafter whenever an Indian shall be incarcerated in an agency jail, or any other place of confinement, on an Indian reserva- tion or at an Indian school, a report or record of the offense or case.shall be immediately submitted to the Superintendent of the reservation or such official or Officials as he may designate, and such report shall be made a part of the records of the agency office. (Aug. 1, 1914, c. 222, § 1, 38 Stat. 586.) Chapter Four—Government of Indian Country §ec. - 4:27. Traders with Indians. 4128. Same ; persons permitted. 4129. Prohibition of trade by President. 4130. Trading, etc., without license; white persons as clerks. 4131. Foreigners entering country without passports. 4132. Prohibited purchases and sales. 4,133. Sale of arms to Indians. 4134. sº in district occupied by uncivilized or hostile In- 13. Il S. 4135. Hunting on Indian lands. 4136. Removing cattle from Indian country. 4136a. Intoxicating liquors; into Indian country. 4136b. Same; sale in or carrying into Indian Territory. sale to Indians or introducing 4137. Same; sale to Indians or introducing into Indian coun- try. 4137a. Same; Osage County, Oklahoma, Indian country. 4137aa. Possession of intoxicating liquors in Indian country. 4138. Same; officers or soldiers of Army furnishing to Indians. 4139. Same; wines, for sacramental purposes. 4140. Same; complaints; arrests and examinations. 4.141. Same; searches and seizures. 4.141a. Same; seizure of vehicles used. 4142. Same ; suppression of traffic in among Indians; pow- ers of agent of Indian Bureau and deputies. 4143. Same; suppression of traffic in among Indians; pow- ers of chief special officer and deputies. 4.144. Same; setting up distillery in. 41442. Same; $$ 4141, 4144, applicable to liquors mentioned in $ 4137; possession prima, facie evidence. 4145 Assault. - - 4.146. Arson. 4.147. Forgery and depredations on mails. 4148. General laws as to punishment extended to country. 4.143. Same; exceptions. 4150. Removal from Indian country. 4151. Same; return. 4152. Removal from reservations. 4153. Employment of the military. Provided further, That (Aug. 4156. Posse comitatus in executing process. 4157. Reparation for injuries to property of Indians. 4158. Same; payment where offender unable. 4159. Injuries to property by Indians. 4160. Depositions by agents touching depredations. (R. S. §§ 2128–2131. Superseded.) R. S. $ 2128, these sections, relating to trading with Indians, were superseded by §§ 4127, 4128. § 4127. Traders with Indians—Hereafter the Commissioner of Indian Affairs shall have the Sole power and authority to appoint Traders to the Indian tribes and to make such rules and regulations as he may deem just and proper specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. (Aug. 15, 1876, c. 289, § 5, 19 Stat. 200.) § 4128. Same; persons permitted—That por- tion of the Act of Congress approved March third, nineteen hundred and One (Thirty-first Statutes, page One thousand and sixty-five), entitled “An Act making appropriations for the Current and COntingent ex- penSes Of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes,” which reads as follows: “That on and after July first, nineteen hun- dred and One, any person desiring to trade with the Indians on said reservation Shall, upon establishing the fact, to the Satisfaction. Of the Commissioner Of Indian Affairs, that he is a proper person to engage in such trade, be permitted to do so under Such rules and regulations as the Commissioner of Indian Af- fairs may prescribe for the protection of said Indi- ans,” is hereby amended and extended so as to ap- ply to all Indian reservations. (March 3, 1901, c. 832, § 1, 31 Stat. 1066, amended, March 3, 1903, c. 994, § 10, 32 Stat. 1009.) The reservation referred to in this section was the Osage reservation. § 4,129. Prohibition of trade by President- The President is authorized, whenever in his Opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be re- voked, and all applications therefor to be rejected. No trader to any other tribe shall, so long as Such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued. (R. S. § 2132.) - § 4130. Trading, etc., without license; white persons as clerks—Any person other than an Indian of the full blood who shall attempt to reside in the Indian country, or on any Indian reservation, as a trader, or to introduce goods, or to trade therein, without such license, shall forfeit all merchandise Of- fered for sale to the Indians or found in his p0SSes- sion, and shall moreover be liable to a penalty Of five hundred dollars: Provided, That this section shall not apply to any person residing among Or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, commonly called the five Civi- lized tribes, residing in Said Indian Country, and be- longing to the Union Agency therein: And provided further, That no white person shall be employed as a clerk by any Indian trader, except such as trade with said five civilized tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regulations to be established by the Secretary of the Interior. (R. S. § 2133, amended, July 31, 1882, c. 360, 22 Stat. 179.) $ 4131. Foreigners entering country without passports—Every foreigner Who shall go into the Indian country without a passport from the Depart- ment of the Interior, Superintendent, agent, or Sub- agent of Indian affairs, or officer of the United States Commanding the nearest military post On the fron- tiers, or who shall remain intentionally therein after Ch. 4) & 4138 INDIANS IPage 617] the expiration of such passport, shall be liable to a penalty of one thousand dollars. Every such pass- port shall express the object of such person, the time he is allowed to remain, and the route he is to travel. (R. S. § 2134.) § 4132. Prohibited purchases and , sales- Every person, other than an Indian, who, Within the Indian country, purchases or receives of any IndiaI), in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any in- strument of husbandry, or cooking utensils of the kind commonly obtained by the Indians in their in- tercourse with the white people, or any article of clothing, except skins or furs, shall be liable to a penalty of fifty dollars. (R. S. § 2135.) $ 4133. Sale of arms to Indians—The Secre- tary of the Interior shall adopt such rules as may be necessary to prohibit the sale of arms or ammuni- tion within any district or country Occupied by un- civilized or hostile Indians, and shall enforce the same. (R. S. § 467.) ... • - § 4134. Same; in district occupied by uncivi- lized or hostile Indians—If any trader, his agent, or any person acting for or under him, Shall Sell any arms or ammunition at his trading-post or other place within any district or country occupied by uncivilized or hostile Indians, contrary to the rules and regula- tions of the Secretary of the Interior, such trader shall forfeit his right to trade with the Indians, and the Secretary shall exclude such trader, and the agent, or other person so offending, from the district Or country so occupied. (R. S. § 2136.) $ 4135. Hunting on Indian lands—Every per- son, other than an Indian, who, within the limits of any tribe with whom the United States has existing treaties, hunts, or traps, or takes and destroys any peltries or game, except for subsistence in the In- dian country, shall forfeit all the traps, guns, and am- munition in his possession, used or procured to be used for that purpose, and all peltries so taken ; and shall be liable in addition to a penalty Of five hundred dollars. (R. S. § 2137.) - $ 4136. Removing cattle from Indian coun- try—Every person who drives or removes, except by authority of an order lawfully issued by the Secre- tary of War, connected with the movement or Sub- sistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade Or commerce, shall be punishable by imprisonment for not more than three years, or by a fine of not more than five thousand dollars, or both. (R. S. § 2138.) $ 4136a. Intoxicating liquors; sale to Indians or introducing into Indian country—No ardent spirits, ale, beer, wine, or intoxicating liquor Or liq- . UOrS Of Whatever kind shall be introduced, under any pretense, into the Indian country. Every person Who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any In- dian Superintendent Or agent, Or introduces Or at- tempts to introduce any ardent Spirits, ale, Wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years, and by fine of not more than three hundred dollars for each Offense. But it shall be a sufficient defense to any charge Of introducing or attempting to introduce ardent Spirits, ale, beer, wine, or intoxicating liquors into the Indian Country that the acts charged were done under authority in writing from the War Department, or any officer duly authorized thereunto by the War Department. (R. S. § 2139, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244 and July 23, 1892, c. 234, 27 Stat. 260.) See § 4140 for further provisions added to this section by the amendatory Act of July 23, 1892, c. 234. § 4136b. Same; sale in or carrying into In- dian Territory—Any person, whether an Indian Or otherwise, who shall, in said Territory, manufac- ture, sell, give away, or in any manner, or by any means furnish to anyone, either for himself or an- Other, any vinous, malt, Or fermented liquors, or any Other intoxicating drinks of any kind Whatsoever, whether medicated or not, or who Shall carry, or in any manner have carried, into said Territory any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to any- one, or carrying into said Territory any of such liq- uors or drinks, shall, upon conviction thereof, be pun- ished by fine not exceeding five hundred dollars and by imprisonment for not less than One month nor more than five years. (March 1, 1895, c. 145, § 8, 28 Stat. 697.) - $ 4137. Same; sale to Indians or introducing into Indian country—Any person who shall sell, give away, dispose of, exchange, or barter any malt, Spirit- uous, or vinous liquor including beer, ale, and wine, Of any ardent or other intoxicating liquor of any kind Whatsoever, Or any essence, extract, bitters, prepara- tion, Compound, composition, or any article Whatso- ever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made While the title to the same Shałł be held in trust by the Government, or to any Indian a Ward of the Government under charge of any Indian superintendent or agent, or any Indian, includ- ing mixed bloods, over whom the Government, through its departments, exercises guardianship, and any per- SOn Who shall introduce Or attempt to introduce any malt, Spirituous, or vinous liquor, including beer, ale, and Wine, or any ardent or intoxicating liquor of any kind Whatsoever into the Indian country, which term Shall include any Indian allotment while the title to: the Same shall be held in trust by the Government, Or While the same shall remain inalienable by the e allottee without the consent of the United States, shalf be punished by imprisonment for not less than sixty days, and by a fine of not less than one hundred dol- lars for the first offense and not less than two hun- dred dollars for each offense thereafter : Provided; however, That the person convicted shall be com- mitted until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, Or intoxicating liquors into the Indian country that the acts charged were done under authority, in Writ- ing, from the War Department or any officer duly authorized thereunto by the War Department. (Jan. 30, 1897, c. 109, § 1, 29 Stat. 506.) gº." Section held to be amendatory of $ 4136a (224 Fed. $ 4137a. Same; Osage County, Oklahoma, In- dian country—All of Osage County, Oklahoma, shall hereafter be deemed to be Indian country within the meaning of the Acts of Congress making it unlawful to introduce intoxicating liquors into the Indian coun- try. (March 2, 1917, c. 146, § 17, 39 Stat. 983.) $ 4137 a.a. Possession of intoxicating liquors in Indian country—On and after September first, nineteen hundred and eighteen, possession by a perSOIN of intoxicating liquors in the Indian country where the introduction is or was prohibited by treaty or Federal statute shall be an Offense and punished in accordance with the provisions of the Acts of July twenty-third, eighteen hundred and ninety-two (Twen- ty-seventh Statutes at Large, page two hundred and sixty), and January thirtieth, eighteen hundred and ninety-seven (Twenty-ninth Statutes at Large, page five hundred and six). (May 25, 1918, c. 86, § 1, 40 Stat.) $ 4138. Same; officers or soldiers of Army furnishing to Indians—No part of section twenty- One hundred and thirty-nine Or Of Section twenty- one hundred and forty of the Revised Statutes shalf be a bar to the prosecution of any officer, Soldier, Sut- ler or storekeeper, attaché, or employé of the Army of the United States who shall barter, donate, or fur- nish in any manner whatsoever liquors, beer, or any ; : 4138 (Tit. 28 INDIANS [Page 618] intoxicating beverage whatsoever to any Indian. (July 4, 1884, c. 180, § 1, 23 Stat. 94.) - See. §§ 4136a, 4141. $ 4139. Same; wines for sacramental purpos- es—Hereafter it shall not be unlawful to introduce and use wines solely for sacramental purposes, under church authority, at any place Within the Indian Coun- try or any Indian reservation, including the Pueblo Iteservations in New Mexico. (Aug. 24, 1912, c. 388, § 1, 37 Stat. 519.) § 4140. Same; complaints; arrests and exami- nations—All complaints for the arrest of any person or persons made for violation of any of the provi- sions of this act shall be made in the county where the offense shall have been committed, or if commit- ted upon Or within any reservation not included in any COunty, then in any county adjoining such reser- Vation, * *; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county, or before any mag- istrate or judicial officer authorized by the laws of the State in which such reservation is located to is- Sue Warrants for the arrest and examination of Of-. fenders by section ten hundred and fourteen of the Revised Statutes of the United States. And all per- SOnS SO arrested shall, unless discharged upon exami- nation, be held to answer and stand trial before the Court of the United States having jurisdiction of the offense. (July 23, 1892, c. 234, 27 Stat. 261.) See § 4136a. $ 4141. Same; [Superintendent Of Indian affairs, I Indian agent, Or subagent, or commanding officer of a military post, has reason to suspect or is informed that any white perSon or Indian is about to introduce Or has intro- ‘duced any spirituous liquor or wine into the Indian country in violation of law, Such superintendent, agent, subagent, or commanding officer, may cause the boats, stores, packages, Wagons, sleds, and places of deposit of such person to be searched; and if any such liquor is found therein, the same, together with ...the boats, teams, wagons, and sleds used in Conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by li- bel in the proper court, and forfeited, one-half to the informer and the other half to the use of the United States; and if such person be a trader, his license shall be revoked and his’ bond put in suit. It shall moreover be the duty of any person in the Service of the United States, or of any Indian, to take and de- stroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. In all cases arising under this and the preceding section Indians shall be competent witnesses. (R. S. § 2140.) Text in brackets inoperative. See § 3989, and note. § 4141a. Same; seizure of vehicles used—Auto- mobiles or any other vehicles or conveyances used in introducing, or attempting to introduce, intoxi- .cants into the Indian country, or where the introduc- tion is prohibited by treaty or Federal statute, wheth- er used by the owner thereof or other person, shall be subject to the seizure, libel, and forfeiture provided in section twenty-one hundred and forty of the Re- vised Statutes of the United States. (March 2, 1917, c. 146, § 1, 39 Stat. 970.) - § 4142. Same; suppression of traffic in, among Indians; powers of agent of Indian Bureau and deputies—The powers conferred by section twenty- One hundred and forty of the Revised Statutes upon Indian agents, and Subagents, and commanding offi- cers of military posts are hereby conferred upon the Special agent of the Indian Bureau for the suppres- Sion of the liquor traffic among Indians and in the Indian Country and duly authorized deputies working tunder his supervision. (March 1, 1907, c. 2285, 34 Stat. 1017.) searches and seizures—If any - try. § 4143. Same; suppression of traffic in, among Indians; powers of chief special officer and depu- ties—The powers conferred by section seven hundred and eighty-eight of the Revised Statutes upon mar- shals and their deputies are hereby conferred upon the chief special officer for the suppression of the liquor traffic among Indians and duly authorized Offi- cers working under his supervision whose appoint- ments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior. (Aug. 24, 1912, c. 388, § 1, 37 Stat. 519.) See § 1312. • * - - - - - § 4144. Same; setting up distillery in—Every person who shall, within the Indian country, set up or continue any distillery for manufacturing ardent spir- its, shall be liable to a penalty of One thousand dol- lars; and the [superintendent of Indian affairs, In- dian agent, or subagent, within the limits of whose agency any distillery of ardent Spirits is set up Or COn- tinued, shall forthWith destroy and break up the Same. (R. S. § 2141.) - - - Text in brackets inoperative. See § 3989 and note. § 4144a. Same; $$ 4141, 4144, applicable to Hiquors mentioned in § 4137; possession prima facie evidence—The provisions of sections twenty- one hundred and forty and twenty-one hundred and forty-One of the Revised Statutes of the United States Shall also apply to beer and other intoxicating liq- uors named in the Act of January thirtieth, eighteen hundred and ninety-seven (Twenty-ninth Statutes at Large, page five hundred and six), and the possession by a person of intoxicating liquors in the country where the introduction is prohibited by treaty or Fed- eral statute shall be prima facie evidence of unlaw- # introduction (May 18, 1916, c. 125, § 1, 39 Stat. $ 4145. Assault—Every white person who shall make an assault upon an Indian, or other person, and every Indian who shall make an assault upon a white person, Within the Indian country, with a gun, rifle, SWOrd, pistol, knife, or any other deadly weapon, with intent to kill or maim the person so assaulted, shall be punishable by imprisonment, at hard labor, for not more than five years, nor less than one year. (R. S. § 2142.) • . - • See § 10502. - - - § 4146. Arson—Every white person who shall set fire, or attempt to set fire, to any house, out-house, Cabin, Stable, or other building, in the Indian country, to Whomsoever belonging; and every Indian who shall Set fire to any house, out-house, cabin, stable, or other building, in the Indian country, in whole or in part be- longing to Or in lawful possession of a white person, and Whether the same be consumed or not, shall be punishable by imprisonment at hard labor for not more than twenty-One years, nor less than two years. (R. S. § 2143.) $ 41.47. Forgery and depredations on mails— The general laws of the United States defining and prescribing punishments for forgery and for depreda- tions upon the mails, shall extend to the Indian coun- (R. S. § 2144.) - $ 4148. General laws as to punishment ex- tended to country—Except as to crimes the punish- ment of which is expressly provided for in this Title, the general laws of the United States as to the pun- ishment Of Crimes committed in any place within the Sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian Country. (R. S. § 2145.) - - § 4149. Same; exceptions—The preceding sec- tion Shall not be construed to extend to crimes com- mitted by One Indian against the person or proper- ty of another Indian, nor to any Indian committing any offense in the Indian country who has been pun- ished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdic- tion Over Such offenses is or may be secured to the Ch. 4A) 3 4160 INDIANS IPage 6.191 Indian tribes respectively. (R. S. § 2146, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 318.) $ 4150. Removal from Indian country—The [superintendent of Indian affairs, and the] Indian agents and Sub-agents, shall have authority to re- move from the Indian country all persons found there- in contrary to law ; and the President is authorized to direct the military force to be employed in such removal. (R. S. § 2147.) Text in brackets inoperative. See § 3989 and note. $ 4151. Same; return—If any person who has been removed from the Indian country shall thereaft- er at any time return or be found within the Indian country, he shall be liable to a penalty of One thou- sand dollars. (R. S. § 2148.) $ 4152. Removal from reservations—The COm- missioner of Indian Affairs is authorized and requir- ed, with the approval of the Secretary of the Interior, to remove from any tribal reservation any person be- ing therein without authority of law, or whose pres- ence within the limits of the reservation may, in the judgment of the Commissioner, be detrimental to the peace and welfare of the Indians; and may employ for the purpose such force as may be necessary to en- able the agent to effect the removal of Such perSon. (R. S. § 2149.) - § 4153. Employment of the military—The military forces of the United States may be employed in such manner and under such regulations as the President may direct— First. In the apprehension of every person Who may be in the Indian country in violation of law; and in conveying him immediately from the Indian COun- try, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceed- ed against in due course of law; Second. In the examination and seizure Of Stores, packages, and boats, authorized by law; Third. In preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against according to law ; - Fourth. And also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country. (R. S. $ 2150.) § 4154. Same; detention of persons appre- hended—No person apprehended by military force un- der the preceding section shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any Such person in custody shall treat him with all the humanity which the circumstances will permit. (R. S. $ 2151.) § 4155. Arrest of absconding Indians—The [superintendents,) agents, and Sub-agents Shall en- deavor to procure the arrest and trial Of all Indians accused of committing any Crime, Offense, Or misde- meanor, and of all other persons who may have Com- mitted crimes or offenses within any State or Terri- tory, and have fied into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may author- ize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes. (R. S. $ 2152.) $ 4156. Posse comitatus in executing pro- eess—In executing process in the Indian Country, the marshal may employ a posse Comitatus, not exceeding three persons in any of the States respectively, to as- sist in executing process by arresting and bringing in prisoners from the Indian Country, and allow them three dollars for each day in lieu of all ex- penses and services. (R. S. $ 2153.) $ 4157. Reparation for injuries to property of Indians—Whenever, in the Commission, by a White person, of any Crime, Offense, Or misdemeanor, with- in the Indian country, the property of any friendly Indian is taken, injured, or destroyed, and a convic- tion is had for such crime, offense, or misdemeanor, the perSon SO COnvicted shall be sentenced to pay to such friendly Indian to whom the property may be- long, Or Whose person may be injured, a sum equal to twice the just value of the property so taken, in- jured, or destroyed. (R. S. $ 2154.) $ 4158. Same; payment where offender un- able—If Such Offender shall be unable to pay a sum at least equal to the just value Or amount, Whatever Such payment shall fall short Of the same shall be paid Out Of the Treasury Of the United States. If Such Offender Cannot be apprehended and brought to trial, the amount Of Such property shall be paid out Of the Treasury. But no Indian Shall be entitled to any payment Out Of the Treasury Of the United States, for any such property, if he, or any of the nation to Which he belongs, have SOUght private revenge, Or have attempted to obtain Satisfaction by any force Or violence. (R. S. $ 2155.) • . $ 4159. Injuries to property by Indians—If any Indian, belonging to any tribe in amity with the United States, shall, within the Indian Country, take or destroy the property of any person lawfully With- in such country, or shall pass from Indian country into any State or Territory inhabited by citizens of the |United States, and there take, steal, Or destroy, any horse, or other property belonging to any citizen or inhabitant of the United States, such citizen Or in- habitant, his representative, attorney, Or agent, may Imake application to the proper [Superintendent, agent, Or sub-agent, Who, upon being furnished with the necessary documentS and proofs, shall, under the direction of the President, make application to the nation or tribe to which such Indian shall belong, for Satisfaction; and if such nation or tribe shall neg- lect Or refuse to make satisfaction, in a reasonable time not exceeding twelve months, such [superinten- dent] agent, or Sub-agent shall make return of his do- ings, to the Commissioner of Indian Affairs, that such further Steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury. (R. S. $ 2156.) § 4160. Depositions by agents touching dep- redations—The Superintendents, agents, and, Sub- agents within their respective districts are authoriz- ed and empowered to take depositions of witnesses touching any depredations, within the purview of the three preceding Sections, and to administer Oaths to the deponents. (R. S. $ 2157.) Chapter Four A–Education of Indians Sec. 4.161. Agricultural instruction; 4162. Detail of Army officer. 4163. Vacant military posts or barracks for schools; detail of Army officers. i 4164. Census of Indians and report of numbers of school teaching children. children. 4.165. No appropriation for sectarian school. 4165a. Same. 4166. Rations to mission schools. 4167. Superintendent of Indian schools. 4.168. Employment of Indian girls and boys as assistants. 4169. Leaves of absence to employés. 4170. Expenditure of appropriations for school purposes. 4170a. Same ; restriction as to per capita of pupils. 4170aa. Same; temporary suspension of $ 4170a. 4.170aaa. Same; limitation on per capita expenditure. 4170b. Same; expenditure for children with less than %, In- dian blood. - 4171. Suspension or discontinuance of schools. 4171a. Sale of lands purchased for day School or other ad- ministrative uses. 4172. Children taking lands in severalty not excluded. 4173. Attendance at schools; regulations. 4174. Same; withholding rations. 4175. Same; withholding rations. 4176. Same; withholding annuities from Osage Indians. 4177. Sending child to school out of State Without consent. 4178. Taking child to school in another State Without consent. 4179. White children in Indian Schools; day Schools. 3 4161 INDIANS (Tit. 28 [Page 620] - ; S boarding schools. said children would be entitled under treaty stipula- . Same; O2.I’OIII] SCHOOIS. º - alºn { -- * - e . . e. 4180a. Transportation of youths under fourteen to schools at tions if such children were living With their parentS. government expense. § 4161. Agricultural instruction; teaching children—The President may, in every Case where he shall judge improvement in the habits and Condition of such Indians practicable, and that the means of instruction Can be introduced With their OWn COInsent, employ capable perSOns Of good moral Character to instruct them in the mode of agriculture suited to their situation ; and for teaching their children in reading, writing, and arithmetic, and performing such other duties as may be enjoined according to such instructions and rules as the President may give and prescribe for the regulation of their conduct, in the discharge of their duties. A report of the proceedings adopted in the execution 2 of this provision shall be annually laid before Congress. (R. S. § 2071.) (R. S. § 2099. Superseded.) - This section provided that moneys appropriated for pur- poses of education among the Indian tribes. Should not be expended elsewhere than in Indian Country, etc. It was superseded by § 4163. - § 4162. Detail of Army officer—The Secretary of War shall be authorized to detail an officer Of the Army, not above the rank of captain, for Special duty with reference to Indian education. (June 23, 1879, c. 35, § 7, 21 Stat. 35.) - § 4163. Vacant military posts or barracks for schools; detail of Army, officers—That the Sec- retary of War be, and he is hereby, authorized to set aside, for use in the establishment of normal and in- dustrial training-schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts Or barracks, SO long as they may not be required for military OCCu- pation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school so established: Provided, That moneyS appropriated or to be appropriated for general pur- poses of education among the Indians may be expend- ed, under the direction of the Secretary of the Interior, for the education of Indian youth at . Such postS, in- stitutions, and schools as he may consider advantage- ous, or as Congress from time to time may authorize and provide. (July 31, 1882, c. 363, 22 Stat. 181.) § 4164. Census of Indians and report of num- bers of school children—That hereafter each Indian agent be required, in his annual report, to Submit a census of the Indians at his agency or upon the reser- vation under his charge, the number of males above eighteen years of age, the number of females above fourteen years of age, the number of School children between the ages of six and sixteen years, the num- ber of school-houses at his agency, the number of schools in operation and the attendance at each, and the names of teachers employed and salaries paid Such teachers. (July 4, 1884, c. 180, § 9, 23 Stat. 98.) § 4165. No appropriation for sectarian school —It is hereby declared to be the settled policy Of the Government to hereafter make no appropriation What- ever for education in any sectarian School: * * Provided further, 'That the foregoing shall not apply to public schools of any State, Territory, County, Or city, or to schools herein or hereafter specifically pro- vided for. (June 7, 1897, c. 3, § 1, 30 Stat. 79.) § 4165a. Same—It is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever out of the Treasury of the United States for education of Indian Children in any sectarian school. (March 2, 1917, c. 146, § 21, 39 Stat. 988.) § 4166. Rations to mission schools—Mission schools on an Indian reservation may, under rules and regulations prescribed by the Commissioner of Indian Affairs, receive for such Indian Children duly enroll- ed therein, the rations of food and Clothing to Which (June 21, 1906, c. 3504, 34 Stat. 326.) § 4167. Superintendent of Indian schools- There shall be appointed by the President, by and With the advice and consent of the Senate, a person of knowledge and experience in the management, train- ing, and practical education Of Children, to be Su- perintendent of Indian Schools, whose duty it shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs, What, in his judg- ment, are the defects, if any, in any of them, in Sys- tem, in administration, Or in means for the most ef- fective advancement of the pupils therein toward civ- ilization and self-support, and What Changes are need- ed to remedy such defects as may exist, and to per- form Such Other duties in COnnection. With Indian schools as may be prescribed by the Secretary of the Interior. (March 2, 1889, c. 412, § 10, 25 Stat. 1003.) § 4168. Employment of Indian girls and boys as assistants—Hereafter the Commissioner of Indian Affairs shall employ Indian girls as assistant matrons and Indian boys as farmers and industrial teachers in all Indian schools when it is practicable to do so. (June 7, 1897, c. 3, § 1, 30 Stat. 83.) § 4169. Leaves of absence to employés—Here- after employees of Indian schools may be allowed, in addition to annual leave, educational leave not to exceed fifteen days per calendar year for attendance at educational gatherings, COnventions, institutions, or training schools, if the interests of the service re- quire, and under such regulations as the Secretary of the Interior may prescribe, and no additional sal- ary or expense on account of this leave of absence shall be incurred. (Aug. 24, 1912, c. 388, § 1, 37 Stat. 519.) $ 4170. Expenditure of appropriations for school purposes—All expenditure of money herein Or hereafter appropriated for School purposes among the Indians, shall be at all times under the Super- vision and direction of the Commissioner of Indian Affairs, and in all respects in COnformity With such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, sub- ject to the Supervision of the Secretary of the Interi- or: Provided, That, except for pay of superintend- ents, not more than One hundred and sixty-Seven dol- lars shall be expended for the annual support and education of any one pupil in any school herein specifi- cally provided for, except when, by reason of epidemic, accident, or other sufficient cause, the attendance is so reduced or cost Of maintenance SO high that a . larger expenditure is absolutely necessary, When the Commissioner of Indian Affairs, with the approval Of the Secretary of the Interior, may allow a larger per capita expenditure: Provided further, That the total amount appropriated for the Support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per Capita allowance hereby provided for shall be deter- mined by taking the average enrollment for the entire fiscal year and not any fractional part thereof. (April 30, 1908, c. 153, § 1, 35 Stat. 72.) $ 4170a. Same; restriction as to per capita of pupils—All moneys appropriated or available for Indian school purposes may be expended Without re- striction as to per capita expenditure for the annual support and education of any one pupil in any In- dian school: Provided, That in no event shall the per Capita cost at any One School exceed the sum. Of $200 per annum. (Sept. 7, 1916, c. 455, 39 Stat. 741.) $ 4170aa. Same; temporary suspension of § 4170a–The Operation of the Act Of September Sev- enth, nineteen hundred and sixteen. (Thirty-fifth Stat- utes at Large, page Seven hundred and forty-one), § § k Ch. 4A) 3 4179 INDIANS IPage 6211 limiting annual expenditures for support and educa- tion of pupils in Indian schools to $200 per capita, is hereby suspended during the fiscal year ending. June thirtieth, nineteen hundred and eighteen. (March 28, 1918, c. 28, § 1, 40 Stat.) $ 4170aaa. Same; limitation on per capita ex- penditure—Hereafter, except for pay of Superintend- ents and for transportation of goods and supplies and transportation of pupils, not more than $200 shall be expended from appropriations made in this Act, Or any other Act, for the annual support and education Of any One pupil in any Indian school, unless the at- tendance in any school shall be less than One hun- dred pupils, in which case the Secretary of the In- terior may authorize a per capita expenditure of not to exceed $225: Provided, That the total amount appropriated for the Support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per Capita allow- ance hereby provided for shall be determined by tak- ing the average attendance for the entire fiscal year and not any fractional part thereof: Provided fur- ther, That the foregoing shall also apply to expen- ditures for the fiscal year ending June thirtieth, nine- teen hundred and eighteen. (May 25, 1918, c. 86, § 1, 40 Stat.) - $ 4170b. Same; expenditure for ebildren with less than 34 Indian blood–Hereafter no appropria- tion, except appropriations made pursuant to treaties, shall be used to educate children of less than one- fourth Indian blood whose parents are citizens of the United States and of the State wherein they live and where there are adequate free school facilities pro- vided. (May 25, 1918, c. 86, § 1, 40 Stat.) $ 4171. Suspension or discontinuance of schools—The Commissioner of Indian Affairs, may, when in his judgment the good of the service will be promoted thereby, suspend or discontinue any reserva- tion Indian school, and, with the approval of the Sec- retary of the Interior, may sell any reservation school building or plant, that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other School buildings and plants, as the needs Of the Service may demand, under Such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe. (April 21, 1904, c. 1402, § 1, 33 Stat. 21.1.) $ 4171a. Sale of lands purchased for day school or other Indian administrative uses—The Secretary of the Interior is hereby authorized to cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe, any tract or part of a tract of land purchased by the United States for day School or other Indian administrative uses, not exceeding one hundred and sixty acres in any one tract, when said land or a part thereof is no longer needed for the original purpose; the net proceeds therefrom in all cases to be paid into the Treasury Of the United States; title to be evidenced by a pat- ent in fee simple for such lands as can be described in terms of the legal survey, or by deed duly executed by the Secretary of the Interior containing such Imetes-and-bounds description as will identify the land SO conveyed as the land which had been purchased: Provided, That where the purchase price was paid from tribal funds, such proceeds shall be placed in the Treasury Of the United States to the Credit of the respective tribes of Indians. (March 2, 1917, c. 146, § 1, 39 Stat. 973.) $ 4172. Children taking lands in severalty not excluded—Hereafter in the expenditure of money appropriated for any of the purposes of education of Indian children, those children of Indians who have taken Or may hereafter take lands in severalty un- der any existing law shall not, by reason thereof, be excluded from the benefits of such appropriation. (Aug. 15, 1894, c. 290, § 1, 28 Stat. 31.1.) $ 4173. Attendance at schools; regulations— *Iereafter the Commissioner of Indian Affairs, sub- tained for their benefit. Stat. 143.) ject to the direction of the Secretary of the Interior, is hereby authorized and directed to make and en- force by proper means such rules and regulations as will Secure the attendance of Indian children of suit- able age and health at schools established and main- (July 13, 1892, c. 164, § 1, 27 $ 4174. Same; withholding rations—The Sec- retary of the Interior may in his discretion, establish Such regulations as will prevent the issuing of ra- tions or the furnishing of subsistence either in money or in kind to the head of any Indian family for on account of any Indian child or children between the ages of eight and twenty-one years who shall not have attended school during the preceding year in accordance with such regulations. This provision shall not apply to reservations or part of reservations Where sufficient School facilities have not been fur- nished nor until full notice Of Such regulations shall have been given to the Indians to be affected thereby. The amount and value of Subsistence SO withheld shall be credited to the tribe Or tribes from whom the Same is Withheld, to be issued and paid when in the judgment of the Secretary of the Interior they shall have fully complied with such regulations. (March 3, 1893, c. 209, § 1, 27 Stat. 628.) § 4.175. Same; withholding rations—Hereafter the Secretary of the Interior may in his discretion withhold rations, clothing and other annuities from Indian parents or guardians who refuse or neglect to send and keep their children of proper school age in Some School a reasonable portion of the year. (March 3, 1893, c. 209, § 1, 27 Stat. 635) $ 4176. Same; withholdiig annuities from Osage Indians-Hereafter the Commissioner of In- dian Affairs is authorized in his discretion to with- hold any annuities or other payments due to Osage Indian minors, above six years of age, whose parents fail, neglect, or refuse to place such minors in some established School for a reasonable portion of each year and to keep such children in regular attendance thereof. The Commissioner of Indian Affairs is au- thorized to make such rules and regulations as may be necessary to put this provision into force and ef- fect. (June 30, 1913, c. 4, § 18, 38 Stat. 96.) * $ 4177. Sending child to school out of State without consent—Hereafter no Indian child shall be sent from any Indian reservation to a school be- yond the State or Territory in which said reservation is situated Without the Voluntary consent Of the fa- ther or mother of Such child if either of them are liv- ing, and if neither of them are living without the Vol- untary consent of the next of kin of such child. Such consent shall be made before the agent of the res- ervation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be re- moved from Such reservation. And it Shall be un- lawful for any Indian agent or other employé of the Government to induce, or seek to induce, by withhold- ing rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reserva- tion. (Aug. 15, 1894, c. 290, § 11. March 2, 1895, c. 188, § 1, 28 Stat. 314, 38 Stat. 906.) $ 4178. Taking child to school in another state without consent—Hereafter no Indian child shall be taken from any school in any State Or Ter- ritory to a school in any other State against its will Or without the written Consent of its parents. (June 10, 1896, c. 398, § 1, 29 Stat. 348.) $ 4179. White children in Indian schools; day schools—Hereafter white Children may, under rules and regulations prescribed by the Commissioner of Indian Affairs, be admitted to any Indian day school: Provided, That the tuition fees charged for Such children Shall in no Case exceed the tuition fees allowed or charged by the State or county in which such School is situated for the children admitted in & 4180 (Tit. 28 INDIANS IPage 6221 the common schools of such State or county: And provided further, That all tuition fees paid for white” children enrolled in Indian day schools shall be deposited in the United States Treasury to reim- burse the funds out of which the schools last mention- ed are maintained. (March 1, 1907, c. 2285, 34 Stat. 1018.) . § 4180. Same; boarding white children may, under rules prescribed by the Commissioner of Indian Affairs, be admitted to In- dian boarding schools on the payment of tuition fees at a rate to be fixed in said rules: Provided further, That all tuition fees paid for white children so en- rolled shall be deposited in the United States Trea.S- ury to reimburse the fund Out of which the school is supported. (March 3, 1909, c. 263, 35 Stat. 783.) § 4180a. Transportation of youths under fourteen to schools at government expense-NO Indian pupil under the age of fourteen years shall be transported at government expense to any Indian school beyond the limits of the State or Territory in which the parents of such child reside or of the ad- joining State or Territory. 35 Stat. 783.) Chapter Four B–Rights of Way through Indian Lands Sec. 4181. Rights of way for railway, telegraph and telephone - lines; town site stations. 4.182. Same; width. . 4.183. Same; survey; maps; compensation. 4.184. Same; completion of road; forfeiture. 4.185. Same; payments&by railroads for benefit of Indians; . transportation rates. 4186. Same; application of Act March 3, 1875, c. 152, § 2. 4187. Same; regulations. 4.188. Same; amendment or repeal of act. 4189. Same; acquisition of lands for reservoirs or materials. 4190. Same; acquisition of lands allotted in severalty. - 4191. Same; telephone and telegraph lines; grants by Sec- retary of Interior. - 4192. Rights of way for pipe lines. 4.193. Same; amendment or repeal of act. £194. Opening highways. . § 4181. Rights of way for railway, telegraph and telephone 1ines; townsite stations-A right Of way for a railway, telegraph and telephone line through any Indian reservation in any State Or Territory, Or through any lands held by an Indian tribe Or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in Connec- tion with the Indian service, or through any lands which have been allotted in severalty to any individ- ual Indian under any law or treaty, but Which have not been conveyed to the allottee with full power of alienation, is hereby granted to any railroad Company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this Act and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be granted under this Act until the Secretary of the Interior is satisfied that the Com- pany applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting Of Such right Of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has hereto- fore been constructed, or is in actual course. Of Con- struction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his Opinion, public interest will be promoted thereby. Provided also, That as a condi- tion precedent to each and every grant of a right of way under authority of this Act, each and every rail- way company applying for Such grant shall stipulate that it will construct and permanently maintain suit- able passenger and freight stations for the convenience 9f each and every town site established by the Govern- ment along said right of way. (March 2, 1899, c. 374, schools—Hereafter * (March 3, 1909, c. 263, § 1, 30 Stat. 990, amended, June 25, 1910, c. 431, § 16, 36 Stat. 859.) * . . ... • . . Application of this section to Indian Territory and Ok- º repealed by Act Feb. 28, 1902, c. 134, § 23, 32 § 4182. Same; width–Such right of way shall not exceed fifty feet in width on each side of the cen- ter line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may in- Clude grounds adjacent thereto for station buildings, depots, machine shops, side tracks, turnouts, and wa- ter stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than One Station to be located within any One Continuous length of ten miles of road. (March 2, 1899, c. 374, § 2, 30 Stat. 990, amended, June 21, 1906, c. 3504, 34 Stat. 330.) § 4183. Same; survey; maps; compensation— The line of route of said road may be surveyed and located through and across any of Said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the In- terior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of Way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the In- terior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual OCCu- pants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the Construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, Such compensation shall be determined by the appraisement Of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and Sub- scribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly Certified, Shall be returned with their award to the Secretary of the Interior. If the referees can not agree, then any tWO of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the mak- ing of the award, and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original petition to the United States Court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be Condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State Or Territory, where the case shall be tried de novo and the judg- ment for damages rendered by the Court Shall be final and conclusive. - When proceedings are commenced in court as afore- said, the railroad company shall deposit the amount of the award made by the referees With the Court to abide the judgment thereof, and then have the right to enter upon the property sought to be Condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensa- tion the Sum of four dollars per day While engaged in the hearing of any case submitted to them under this Act. Witnesses shall receive the fees usually allowed by courts within the district where such land is lo- cated. Costs, including Compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. (March 2, 1899, c. 374, § 3, 30 Stat. 991.) . Ch. 4B) INDIANS # 4191 - [Page 623] . . . . . . . § 4184. Same; completion of road; forfei- any material or ballast pit, to the extent of not more ture—If any Such Company shall fail to Construct and put in Operation one-tenth of its entire line in one year, Or to COmplete its road within three years after the approval of its map of location by the Secretary Of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in Operation: Provided, That the Secretary may, when he deems proper, extend, for a period not exceeding tWO years, the time for the completion of any road for which right of way has been granted and a part of which shall have been built. (March 2, 1899, c. 374, § 4, 30 Stat. 991.) § 4.185. Same; payments by railroads for benefit of Indians; transportation rates—Where a railroad is Constructed under the provisions of this Act through the Indian Territory there shall be paid by the railroad company to the Secretary of the In- terior, for the benefit of the particular nation or tribe through whose lands the road may be located, Such an annual charge as may be prescribed by the Secretary of the Interior, not less than fifteen dol- lars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addi- tion to the compensation. Otherwise required herein. And within the Indian Territory upon any railroad con- structed under the provisions of this Act the rates and charges for passenger and freight service, if not oth- erwise prescribed by law, may be prescribed by the Secretary of the Interior from time to time, and the grants herein are made upon Condition that the Com- panies shall transport mails whenever required to do so by the Post-Office Department. (March 2, 1899, c. 374, § 5, 30 Stat. 992.) .* - § 4186. Same; application of Act March 3, 1875, c. 152, § 2-The provisions of section two of the Act of March third, eighteen hundred and seventy- five, entitled “An Act granting to railroads the right of way through the public lands of the United States,” are hereby extended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way. (March 2, 1899, c. 374, § 6, 30 Stat. 992.) - - § 4187. Same; tion and carrying into effect of all the provisions of this Act. (March 2, 1899, c. 374, § 7, 30 Stat. 992.) § 4.188. Same; to amendment or repeal of act—Congress hereby reserves the right at any time to alter, amend, or repeal this Act, Or any portion thereof. (March 2, 1899, c. 374, § 8, 30 Stat. 992.) § 4189. Same; acquisition of lands for reser- voirs or materials—When, in the judgment of the Secretary of the Interior, it is necessary for any rail- way company owning or operating a line of railway in any Indian reservation to acquire lands in Such In- dian reservation for reservoirs, material, or ballast pits for the construction, repair, and maintenance of its railway, or for the purpose of planting and grow- ing thereon trees to protect its line of railway, the said Secretary be, and he is hereby, authorized to grant such lands to any such railway company under such terms and conditions and Such rules and regula- tions as may be prescribed by the said Secretary. That when any railway Company desiring to secure the benefits of this provision shall file with the Secre- tary of the Interior an application describing the lands which it desires to purchase, and upon the pay- ment of the price agreed upon the said Secretary shall Cause such lands to be COnveyed to the railway Com- pany applying therefor upon such terms and condi- tions as he may deem proper: Provided, That no lands shall be acquired under the terms of this pro- vision in greater quantities than forty acres for any One reservoir, and One hundred and sixty acres for regulations—The Secretary Of the Interior shall make all needful rules and regula- tions, not inconsistent herewith, for the proper execu- approval ; than One reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation: And provided further, That the lands acquired for tree planting shall be taken Only at Such places along the line of the railway Com- pany applying therefor as in the judgment of the said Secretary may be necessary, and shall be taken in strips adjoining and parallel with the right of way Of the railway Company taking the Same, and Shall not. exceed One hundred and fifty feet in Width. That all moneys paid for such lands shall be deposit- ed in the Treasury of the United States to the Credit of the tribe or tribes, and the moneys received by said Secretary as damages sustained by individual members Of the Indian tribe, Which damages Shall be ascertained by the Secretary of the Interior and paid by the railway company taking such lands, shall be paid by said Secretary to the Indian or Indians sus- taining such damages. (March 3, 1909, c. 263, 35 Stat. 781.) - § 4190. Same; acquisition of lands allotted in severalty—The provisions of the Act entitled “An Act making appropriation for the current and, Con- tingent expenses of the Indian Department, for ful- filling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and ten,” approved March third, nineteen hundred and nine, which au- thorized the Secretary Of the Interior to grant to railway companies lands in Indian reservations for reservoirs, material or ballast pits, or for the purpose of planting and growing trees to protect their lines of railway, be, and the same are hereby, extended and made applicable to any lands which have been allot- ted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation ; that the damages and compensation to be paid to any Indiary allottee shall be ascertained and fixed in such man- ner as the Secretary of the Interior may direct and shall be paid by the railway Company to said Secre- tary ; that the damages and compensation paid to the Secretary of the Interior by the railway COmpany taking any such land shall be paid by said Secretary to the allottee sustaining such damages. (May 6, 1910, c. 204, 36 Stat. 349.) ... § 4191. Saine; telephone and telegraph lines; grants by. Secretary of Interior—The Secretary of the Interior is hereby authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above men- tioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location Of the lines shall be Subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of Way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final and where such lines are not Subject to State or Territorial taxation the Company or Owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and main- tained ; and all such lines shall be constructed and t 4192 (Tit. 28 INDIANS [Page 624] maintained under such rules and regulations as said Secretary may prescribe. But nothing herein con- tained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either . State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls Or charges for the transmission of messages over any lines constructed under the provisions of this Act: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. (March 3, 1901, c. 832, § 3, 31 Stat. 1083.) § 4192. Rights of way for pipe Iines—The Sec- retary of the Interior is hereby authorized and em- powered to grant a right of way in the nature of an easement for the construction, Operation, and main- tenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held, by an Indian tribe or nation in the Indian Ter- ritory, through any lands reserved for an Indian agency or Indian school, or for other purpose in con- nection with the Indian service, or through any lands which have been allotted in severalty to any individ- ual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation upon the terms and Conditions herein ex- pressed. Before title to rights of way applied for hereunder shall Vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Provided, That before Such approval the Secretary of the Interior may, under such rules and regulations as he may prescribe, grant temporary permits revocable in his discretion for the construc- tion of Such lines. Provided, That the construction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without Se- curing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and Satisfactory ar- rangements can not be made with the railroad Com- pany, then the question shall be referred to the Sec- retary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where Such lines are not Subject to State or Terri- torial taxation the company or Owner Of the line shall pay to the Secretary of the Interior, for the use and benefit Of the Indians, Such annual tax as he may designate, not exceeding five dollars for each ten miles of line SO constructed and maintained under such rules and regulations as Said Secretary may pre- scribe. But nothing herein contained shall be so con- strued as to exempt the Owners of Such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of con- struction therein, and nothing herein contained shall be so construed as to deny the right of municipal tax- ation in such towns and cities, and nothing herein shall authorize the use of such right of way except for pipe Iine, and then only so far as may be neces- sary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this Act for another period not to exceed twenty years from the expiration of the first right, upon such terms and Conditions as he may deem proper. (March 11, 1904, c. 505, § 1, 33 Stat. 65, amended, March 2, 1917, c. 146, § 1, 39 Stat. 973.) § 4.193. Same; amendment or repeal of act— The right to alter, amend, or repeal this Act is ex- pressly reserved. (March 11, 1904, c. 505, § 2, 33 Stat. 65.) § 4194. Opening highways—The Secretary of the Interior is hereby authorized to grant permission, Upon COmpliance with such requirements as he may deem necessary, to the proper State or local authori- ties for the opening and establishment of public high- Ways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual In- dians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. (March 3, 1901, c. 832, § 4, 31 Stat. 1084.) Chapter Four C–Allotment of Indian Lands Sec. 4.195. Allotments on reservations; irrigable and non-irrigable lands, etc. - 4196. Same; selection. 4197. Same; making by agents. 4.198. Same; from public lands to Indians not residing on reservations. 4199. Same; to Indians making settlement thereon. 4200. Same; in national forests. 4201. Same; patents to be held in trust; tion applicable. - 4202. Same; restrictions on alienation in patent. 4203. Patents in fee to allottees. - 4204. Irrigation of lands; regulation of use of water. descent and parti- 4205. Same ; irrigation projects under Reclamation Act. 4205a. Same; estimates; cost; reports. 4205b. Same; statements of projects to Congress. 4205C. Same; Superintendents of irrigation; employment, 4205d. Same; statements of projects to Congress. 4205e. Same; expenditure of appropriations; maintenance charges. 4206. Allotment Act; certain tribes excepted. 4207. Same; extended to certain tribes in Indian Territory. 4208. Appropriation for surveys; repayment. 4209, Power to grant rights of way not affected. 4210. Removal of Southern Utes to new reservation. 4211. Surrender of patent, and selection of other land. 4212. Correction of errors in allotments and patents. 4213. Cancellation of allotment of unsuitable land. 4214. Actions for allotments. 4215. Same; proceedings. 4216. Limitations of actions for lands patented in severalty under treaties. 4217. Leases of allotted lands where allottee is incapacitated. 4217a. Same; arid lands. 4218. Leases of farming lands occupied by Indians. 4219. Leases of surplus lands. - 4220. Leases of allotted lands; mining purposes. 4221. Same; lands held in trust. 4222. Descent of land. 4223. Sale of allotted lands; heirs of decedent. 4224. Same; on petition of allottee or heirs. 4225. Same; of noncompetent Indian. 4226. Ascertainment of heirs of deceased allottees. Same; oaths in investigations; witnesses. Same; attendance of witnesses. 4227. Payment or deduction of cost of determining heirs. Partition of allotment among heirs; patents. 4228. Disposal by will of allotments held under trust. 4229. Surrender of allotments by relinquishment for benefit of children. * 4230. Sale of timber ; on unallotted lands. 4231. Same; on allotments held under trust. 4232. Fº With restrictions for lots in villages in Wash- Ington, 4233. cºllation of trust patents within power or reservoir - SlteS. 4234. Provisions of act not to apply to certain tribes. 4235. Lands acquired not liable for debts prior to final patent 4236. Moneys from lease or sale of certain lands not liable for certain debts. 4237. Interest on moneys from proceeds of sale. 4238. Sale of lands within reclamation projects. Ch. 4C) INDIANS # 4200 [Page 6251 Sec. 4239. Payment of taxes from share of allottee in tribal funds. 4240. Condemnation of lands under laws of States. § 4195. Allotments on reservations; irrigable and non-irrigable lands, etc.—In all cases Where any tribe or band of Indians has been or shall here- after be located upon any reservation created for their use by treaty stipulation, Act of Congress, Or eXecu- tive order, the President shall be authorized to cause the same or any part thereof to be surveyed Or re- surveyed whenever in his opinion such reservation Or any part may be advantageously utilized for agricul- tural or grazing purposes by such Indians, and to cause allotment to each Indian located thereon to be made in such areas as in his opinion may be for their best interest not to exceed eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian. And whenever it shall appear to the President that lands on any Indian reservation Sub- ject to allotment by authority of law have been Or may be brought within any irrigation project, he may Cause allotments of such irrigable lands to be made to the Indians entitled thereto in such areas as may be for their best interest not to exceed, however, forty acres to any one Indian, and such irrigable land shall be held to be equal in quantity to twice the number of acres of non-irrigable agricultural land and four times the number of acres of non-irrigable grazing land: Provided, That the remaining area to which any Indian may be entitled under existing law after he shall have received his proportion of irrigable land on the basis of equalization herein established may be allotted to him from non-irrigable agricultural Or grazing lands: Provided further, That where a treaty or Act of Congress setting apart such reservation pro- vides for allotments in severalty in quantity greater or less than that herein authorized, the President shall cause allotments on such reservations to be made in quantity as specified in such treaty or Act Subject, however, to the basis of equalization between irriga- ble and non-irrigable lands established herein, but in such cases allotments may be made in quantity as specified in this Act, with the consent of the Indians expressed in such manner as the President in his discretion may require. (Feb. 8, 1887, c. 119, § 1, 24 Stat. 388, amended, Feb. 28, 1891, c. 383, § 1, 26 Stat. 794, and June 25, 1910, c. 431, § 17, 36 Stat. 859.) § 4196. Same; selection—All allotments set apart under the provisions of this act shall be select- ed by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the Selection. Where the improvements of two or more Indians have been made on the same legal subdivision of land, un- less they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to Which they are entitled under this act: Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made On a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a Special agent ap- pointed for that purpose, to make a selection for such Indian, which election shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner. (Feb. 8, 1887, c. 119, § 2, 24 Stat. 388.) § 4197. Same; making by agents—The allot- ments provided for in this Act shall be made by Spe- Cial agents appointed by the President for such pur- pose, and the superintendents or agents in charge of the respective reservations on which the allotments are directed to be made, or, in the discretion of the CoMP.ST.’18—40 Secretary of the Interior, such allotments may be made by the superintendent or agent in charge of Such reservation, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such special allot- ting agents, superintendents, or agents to the Com- missioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office. (Feb. 8, 1887, c. 119, § 3, 24 Stat. 389, amended June 25, 1910, c. 431, § 9, 36 Stat. 858.) - § 4.198. Same; from public lands to Indians not residing on reservations—Where any Indian not residing upon a reservation, or for whose tribe no res- ervation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land-office for the dis- trict in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such Settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the Survey Of the lands so as to conform thereto ; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land-office WOuld have been entitled had such lands been entered under the general laws for the disposition of the pub- lic lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise ap- propriated, upon a statement of an account in their behalf for such fees by the Commissioner of the Gen- eral Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. (Feb. 8, 1887, c. 119, § 4, 24 Stat. 389.) $ 4199. Same; to Indians making gettlement thereon—Where any Indian entitled to allotment un- der existing laws shall make settlement upon any Sur- Veyed Or UnSurveyed lands of the United States not Otherwise appropriated, he or she shall be entitled, upon application to the local land office for the dis- trict in which the lands are located, to have the same allotted to him or her and to his Or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians. On the public domain as herein provided shall be made in Such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land Or One hundL'ed sixty acres Of nonirrigable grazing land to any One Indian ; and when such settlement is made upon unsurveyed lands the grant to such In- dians shall be adjusted upon the Survey Of the lands so as to Conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in the Act of which this is amendatory. And the fees to which the Officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Com- missioner of the General Land Office, and a Certifica- tion of such account to the Secretary of the Treasury by the Secretary of the Interior. (Feb. 28, 1891, c. 383, § 4, 26 Stat. 795, amended, June 25, 1910, c. 431, § 17, 36 Stat. 860.) § 4200. Same; in national forests—The Secre- tary of the Interior is hereby authorized, in his dis- Cretion, to make allotments within the national forests in conformity with the general allotment laws as amended by section Of this Act, to any Indian 3 4200 (Tit. 28 INDIANS [Page 626 I Occupying, living on, or having improvements on land included within any such national forest who is, not entitled to an allotment on any existing Indian reser- Vation, or for whose tribe no reservation has been provided, or whose reservation was not sufficient to afford an allotment to each member thereof. All ap- plications for allotments under the provisions of this Section shall be submitted to the Secretary of Agri- Culture who shall determine whether the lands applied for are more valuable for agricultural or grazing pur- poses than for the timber found thereon; and if it be found that the lands applied for are more valuable for agricultural or grazing purposes, then the Secre- tary of the Interior shall cause allotment to be made as herein provided. (June 25, 1910, c. 431, § 31, 36 Stat. 863.) © Blank reference in this section was probably intended for $ 17 of Act June 25, 1910, c. 431, § 31. See § 4951. § 4201. Same; patents to be held in trust; descent and partition—Upon the approval of the al- lotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the pe- riod of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, or his heirs according to the laws of the State or Territory where Such land is located, and that at the expiration of Said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge Or in- Cumbrance whatsoever: Provided, That the Presi- dent of the United States may in any case in his dis- Cretion extend the period. And if any Conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mention- ed, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State or Territory where such lands are situate shall apply thereto after pat- ents therefor have been executed and delivered, ex- cept as herein otherwise provided; and the laws of the State of Kansas regulating the descent and par- tition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions Of this act: And provided further, That at any time after lands, have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reserva- tion is held, of such portions of its reservation not al- lotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be con- sidered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall' also be pre- scribed by Congress: Provided however, That all lands adapted to agriculture, with or without irriga- tion so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of Securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants Which CongreSS may make in aid of education: And provided further, That no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead ; , and any conveyance of said lands so taken as a homestead, Or any contract touching the same, or lien thereon, Created prior to the date of such patent, shall be null and Void. And the sums agreed to be paid by the United States as purchase money for any portion of any Such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians; to whom such reservations, belong- ed; and the same, with interest thereon at three per Cent, per annum, shall be at all times subject to ap- propriation by Congress for the education and civiliza- tion of Such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious Society or other organization is now occupy- ing any of the public lands to which this act is appli- Cable, for religious or educational work among the Indians, the Secretary of the Interior is hereby au-. thorized to confirm such occupation to such SOCiety Or Organization, in quantity not exceeding one hundred and Sixty acres in any one tract, so long as the same Shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educa- tional purposes heretofore granted by law. And here- after in the employment of Indian police, or any other employés in the public service among any of the In- dian tribes Or bands affected by this act, and where Indians can perform the duties required, those In- dians who have availed themselves of the provisions of this act and become citizens of the United States § be preferred. (Feb. 8, 1887, c. 119, § 5, 24 Stat. § 4202. Same; restrictions on alienation in patent—Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent COntaining restrictions upon alienation has been or Shall be issued under any law or treaty the President may in his discretion continue such restrictions on alienation for such period as he may deem best: Pro- vided, however, That this shall not apply to lands in the Indian Territory. (June 21, 1906, c. 3504, 34 Stat. 326.) § 4203. Patents in fee to allottees—At the ex- piration of the trust period and when the lands have been conveyed to the Indians by patent" in fee, as provided in section five of this Act, then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. * * Provided, That the Secretary of the In- terior may, in his discretion, and he is hereby au- thorized, whenever he shall be satisfied that any In- dian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of Said land shall be removed and Said land Shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all al- lottees to whom trust patents shall hereafter be is- sued shall be subject to the exclusive jurisdiction of the United States: And provided further, That the provisions of this Act shall not extend to any Indians in the Indian Territory. (Feb. 8, 1887, c. 119, § 6, 24 Stat. 390, amended, May 8, 1906, c. 2348, 34 Stat. 182.) § 4204. Irrigation lands; regulation of use of water—In cases where the use of water for irriga- tion is necessary to render the lands within any In- dian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, au- thorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of Water by any riparian proprietor shall be Ch. 4c) 3 4206 INDIANS [Page 627] authorized or permitted to the damage of any other riparian proprietor. (Feb. 8, 1887, c. 119, § 7, 24 Stat. 890. - - 'current appropriation for irrigation works, etc., for Indians, see Act. May 25, 1918, c. 86, § 1, 40 Stat. - § 4205. Same; irrigation projects under Rec- lamation Act—In carrying out any irrigation proj: ect which may be undertaken under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as “The Reclamation Act,” and which may make possible, and provide for in COnnec- tion with the reclamation of other lands, the irriga- tion of all or any part of the irrigable lands hereto- fore included in allotments made to Indians under the fourth section of the general allotment Act, the Secre- tary of the Interior be, and he hereby is, authorized to make such arrangement and agreement in refer- ence thereto as said Secretary deems for the best in- terest of the Indians: Provided, That no lien or charge for construction, operation, or maintenance shall thereby be created against any such lands. (March 3, 1909, c. 263, 35 Stat. 798.) Act June 17, 1902, c. 1093, see §§ 4700-4708. § 4205a. Same; estimates; cost; reports- Hereafter no new irrigation project on any Indian reservation, allotments or lands, shall be undertaken until it shall have been estimated for and a maximum limit of cost ascertained from surveys, plans, and re- ports submitted by the chief irrigation engineer in the Indian service and approved by the Commissioner of Indian Affairs and the Secretary of the Interior, and such limit of cost shall in no case be exceeded With- out express authorization of Congress, and hereafter no project to cost in the aggregate to exceed thirty- five thousand dollars shall be undertaken on any In- dian reservation or allotment, without specific all- thority of Congress. Stat. 270.) - § 4205b. Same; statements of projects to Congress—The Secretary of the Interior shall trans- mit to Congress on the first Monday in December, nineteen hundred and ten, a statement, by Systems Or projects, present estimated cost, and the total amount of all moneys, from whatever source derived, expended thereon for construction, extension, repair, or main- tenance, of each irrigation system or reclamation project on Indian reservations, allotments or lands to and including June thirtieth, nineteen hundred and ten ; and annually thereafter the Secretary of the Interior shall transmit to Congress a cost account of all moneys, from whatever Source derived, expend- ed on each such irrigation project for the preceding fiscal year. (April 4, 1910, c. 140, § 1, 36 Stat. 270.) See, also, § 4205d. - - § 4205c. Same; superintendents of irriga- tion; employment—The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation who shall be skilled irrigation engineers, not to exceed sº in number. (April 4, 1910, c. 140, § 1, 36 Stat. 71, - § 4205d., Same; statements of projects to Congress—The Secretary of the Interior shall trans- mit to Congress on the first Monday in December, nineteen hundred and ten, a statement showing the original estimated cost, the present estimated cost, and the total amount of all moneys, from whatever Source derived, expended thereon, of each irrigation project for which specific appropriation is made in this Act, to and including June thirtieth, nineteen hundred and ten, and annually thereafter the Secre- tary of the Interior shall transmit to Congress a cost account of all moneys, from whatever source derived, expended on each such irrigation project for the pre- gº fiscal year. (April 4, 1910, c. 140, § 3, 36 Stat. See, also, § 4205b. - - § 4205e. Same; expenditure of appropria- tions; maintenance charges—For the construction, (April 4, 1910, c. 140, § 1, 36 showing the Original estimated cost, the repair, and maintenance of ditches, reservoirs, and Clams, purchase and use of irrigation tools and appli- ances, water rights, ditches, lands necessary for can- als, pipe lines, and reservoirs for Indian reservations and allotments, and for drainage and protection of irrigable lands from damage by floods, or loss of Water rights, including expenses of necessary surveys and investigations to determine the feasibility and estimated cost Of new projects and power and reser- Voir sites on Indian reservations in accordance with the provisions of section thirteen of the Act of Jurie twenty-fifth, nineteen hundred and ten, $335,000, to remain available until expended: Provided, That no part of this appropriation shall be expended on any irrigation system or reclamation project for which Specific appropriation is made in this Act or for which public funds are or may be available under any other Act of Congress; for pay of one chief inspector of irrigation, who shall be a skilled irrigation engineer, $4,000; one assistant inspector of irrigation, who shall be a skilled irrigation engineer, $2,500; for traveling and incidental expenses of two inspectors of irrigation, including sleeping-car fare and a per diem of $3 in lieu of Subsistence when actually employed on duty in the field and away from designated head- quarters, $4,200; in all, $345,700: Provided also, That not to exceed seven Superintendents of irrigation, Six of whom shall be skilled irrigation engineers and One competent to pass upon water rights, and one field- cost accountant, may be employed: Provided further, That the proceeds of sales of material utilized for temporary work and structures shall be covered into the appropriation made therefor and be available for the purpose of the appropriation; and for lands ir- rigable under any such system or project the Secre- tary of the Interior may fix maintenance Charges which shall be paid as he may direct, Such payments to be available for use in maintaining the project Or system for which collected: Provided further, That all moneys expended heretofore or hereafter under this provision shall be reimbursable where the Indians have adequate funds to repay the Government, such reimbursements to be made under Such rules and regu- lations as the Secretary of the Interior may prescribe: Provided further, That the Secretary of the Interior is hereby authorized and directed to apportion the cost of any irrigation project constructed for Indians and made reimbursable out of tribal funds of said Indians in accordance with the benefits received by each individual Indian So far as practicable from said irrigation project, said cost to be apportioned against such individual Indian under Such rules, regu- lations, and conditions as the Secretary of the Interi- Or may prescribe, and annually thereafter the Secre- tary of the Interior shall transmit to Congress a cost account in detail of all moneys, from whatever Source derived, expended on each, such irrigation proj- ect for the preceding fiscal year, including a résumé of previous expenditures, which shall show the num- ber Of Indians On the reservation. Where the land is irrigated, irrigable area under ditch, irrigable area under project (approximate), irrigable area cultivated by Indians, irrigable area cultivated by lessees, amount expended on Construction to June thirtieth Of the preceding fiscal year, amount necessary to COm- plete, and cost per acre when completed (estimated); value Of land when irrigated, and such other detailed information as may be requisite for a thorough under- standing of the conditions on each system or project. (Aug. 1, 1914, c. 222, § 1, 38 Stat. 582.) - § 4206. Allotment Act; certain tribes ex- cepted—The provision of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Mia- mies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south 3 4207 (Tit. 28 INDIANs [Page 6281 added by executive order. 24 Stat. 391.) - § 4207. Same; extended to certain tribes in Indian Territory—The provisions of chapter One hundred and nineteen of the acts of eighteen hundred and eighty seven, entitled “An act to provide for the allotment of lands in severalty to Indians on the, Va.- rious reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,” are hereby declared to extend to and are made applicable to the Confederated Wea, Peoria, Kaskaskia, and Piankeshaw tribes Of Indians, and the Western Miami tribe of Indians, now located in the northeastern part of the Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, ex- (Feb. 8, 1887, c. 119, § 8, Cept as to section six of said act, and as Otherwise hereinafter provided. Stat. 1013.) § 4208. Appropriation for surveys; repay- Inent—That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any mon- eys in the Treasury not otherwise appropriated, the Sum of One hundred thousand dollars, to be repaid pro- portionately Out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act. (Feb. 8, 1887, c. 119, § 9, 24 Stat. 391.) Current appropriation (reimbursable) for surveys, etc., See Act May 25, 1918, c. 86, § 1, 40 Stat. § 4209. Power to grant rights of way not af- (March 2, 1889, c. 422, § 1, 25 fected—Nothing in this act contained shall be so con- strued as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads ot Other highways, or telegraph lines, for the public use, Or to COndemn such lands to public uses, upon making just Compensation. 391.) - - * § 4210. Removal of Southern Utes to new res- ervation—Nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colo- rado to a new reservation by and with the consent Of a majority of the adult male members of said tribe. (Feb. 8, 1887, c. 119, § 11, 24 Stat. 391.) § 4211. Surrender of patent, and selection of other land—The Secretary of the Interior is hereby authorized, in his discretion, and whenever for good and Sufficient reason he shall consider it to be for the best interest Of the Indians, in making allotments un- der the statute aforesaid, to permit any Indian to Whom a patent has been issued for land. On the reser- vation to which such Indian belongs, under treaty or existing law, to surrender such patent with formal relinquishment by such Indian to the United States Of all his or her right, title, and interest in the land conveyed thereby, properly indorsed thereon, and to cancel such surrendered patent: Provided, That the Indian SO Surrendering the same shall make a Selec- tion, in lieu thereof, of other land and receive patent therefor, under the provisions of the act of February eighth, eighteen hundred and eighty-Seven. (Oct. 19, 1888, c. 1214, § 2, 25 Stat. 612.) § 4212. Correction of errors in allotments and patents—In all cases where it shall appear that a double allotment of land has heretofore been, or shall hereafter be, wrongfully or erroneously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been or shall be made in the description of the land inserted in any patent, said Secretary is hereby authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian, and for which a conditional patent may have been issued, to rectify and Correct Such mistakes and cancel any patent which may have been thus er- (Feb. 8, 1887, c. 119, § 10, 24 Stat. roneously and wrongfully issued whenever in his Opin- ion the same ought to be canceled for error in the is- sue thereof, and if possession of the original patent can not be obtained, such cancellation shall be effective if made upon the records of the General Land Office; and no proclamation shall be necessary to Open to settlement the lands to which such an erroneous allot- ment patent has been Canceled, provided such lands would otherwise be subject to entry: And provided, That such lands shall not be open to settlement for sixty days after such cancellation: And further pro- vided, That no conditional patent that shall have here- tofore or that may hereafter be executed in favor of any Indian allottee, excepting in cases hereinbefore authorized, and excepting in cases where the condi- tional patent is relinquished by the patentee or his heirs to take another allotment, shall be subject to cancellation without authority of Congress. (Jan. 26, 1895, c. 50, 28 Stat. 641, amended, April 23, 1904, c. 1489, 33 Stat. 297.) - § 4213. Cancellation of allotment of unsuita- ble land—If any Indian of a tribe whose surplus lands have been Or shall be ceded Or Opened to dis- posal has received or shall receive an allotment em- bracing lands unsuitable for allotment purposes, such allotment may be canceled and other unappropriated, unoccupied, and unreserved land of equal area, within the ceded portions of the reservation upon which such Indian belongs, allotted to him upon the same terms and with the same restrictions as the original allot- ment, and lands described in any such canceled al- lotment shall be disposed of as other ceded lands of such reservation. This provision shall not apply to the lands formerly comprising Indian Territory. The Secretary of the Interior is authorized to prescribe rules and regulations to carry this law into effect. (March 3, 1909, c. 263, 35 Stat. 784.) § 4214. Actions for allotments—All persons who are in whole or in part of Indian blood or de- Scent Who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlaw- fully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully en- titled by virtue of any Act of Congress, may com- Imence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper [Circuit court] Of the United States; and said [circuit courts] are hereby given jurisdiction to try and determine any action, suit, or proceeding arising Within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. (Aug. 15, 1894, c. 290, § 1, 28 Stat. 305, amended, Feb. 6, 1901, c. 217, § 1, 31 Stat. 760.) - § 4215. Same; proceedings—The plaintiff shall cause a copy of his petition filed under the preceding Section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk Of the Court Wherein Suit is instituted an affidavit Of Such Service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the inter- Ch. 4C) a 4224. INDIANS IPage 6291 ests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, Set-Off, claim for damages, or Other de- mand or defense whatsoever of the Government in the premises: Provided, That should the district at- torney neglect Or refuse to file the plea, anSWer, de- murrer, or defense, as required, the plaintiff may pro- Ceed. With the case under Such rules as the COUrt may adopt in the premises; but the plaintiff shall not have judgment Or decree for his claim, Or any part thereof, unless he shall establish the same by proof Satisfactory to the court. (Feb. 6, 1901, c. 217, § 2, 31 Stat. 760.) - § 4216. Limitations of actions for lands pat- ented in severalty under treaties—In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person Claiming under such patentee, for the possession Or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the In- terior to the land sought to be recovered, the statutes Of limitations of the States in which said land is situ- ate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of Said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians. (May 31, 1902, c. 946, 32 Stat. 284.) - - § 4217. Ileases of allotted lands where al- lottee is incapacitated—Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands can not personally, and with benefit to himself, Occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and Conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only. (May 31, 1900, c. 598, § 1, 31 Stat. 229.) - § 4217a. Same; arid lands—Whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irrigation and that the allottee, by reason of old age or other disability, can not per- SOnally Occupy Or improve his allotment or any por- tion thereof, such lands or such portion thereof, may be leased for a period not exceeding ten years, under Such terms, rules, and regulations as may be pre- scribed by the Secretary of the Interior. 1916, c. 125, § 1, 39 Stat. 128.) . § 4218. Leases of farming lands occupied by Indians—Where lands are Occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the Council speaking for Such Indians, for a period not to exceed five years for grazing, or ten years for mining purpos- es in such quantities and upon such terms and condi- tions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior. (Feb. 28, 1891, c. 383, § 3, 26 Stat. 795.) - § 4219. Leases of surplus lands—The Surplus lands of any tribe may be leased for farming pur- poses by the Council of such tribe under the same rules and regulations and for the same term of years as is now allowed in the case of leases for grazing purposes. (Aug. 15, 1894, c. 290, § 1, 28 Stat. 305.) § 42:20. Leases of allotted lands; mining pur- poses—All lands allotted to Indians in severalty, ex- cept allotments made to members of the Five Civi- lized Tribes and Osage Indians in Oklahoma, may by (May 18, said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to perform any and all acts and make Such rules and regulations as may be necessary for the purpose of Carrying the provi- SiOns Of this paragraph into full force and effect. (March 3, 1909, c. 263, 35 Stat. 783.) § 4221. Same; lands held in trust—Any Indian allotment held under a trust patent may be leased th - by the allottee for a period not to exceed five years, subject to and in conformity with such rules and reg- ulations as the Secretary Of the Interior may pre- scribe, and the proceeds of any such lease shall be paid to the allottee or his heirs, or expended for his Or their benefit, in the discretion Of the Secretary Of the Interior. (June 25, 1910, c. 431, § 4, 36 Stat. 856.) § 4222. Descent of land—For the purpose of de- termining the descent of land to the heirs of any de- ceased Indian under the provisions of the fifth Section of said act, whenever any male and female Indian shall have cohabited together as husband and Wife according to the custom and manner of Indian life the issue of such co-habitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for Such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet.” (Feb. 28, 1891, c. 383, § 5, 26 Stat. 795.) - § 4223. Sale of allotted lands; heirs of de- cedent—The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands in- herited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the Order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the ap- proval of the Secretary of the Interlor, and When SO approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life Of the father, mother Or the minority of any Child Or children. (May 27, 1902, c. 888, § 7, 32 Stat. 275.) § 4224. Same; on petition of allottee or heirs—The lands, or any part thereof, allotted to any Indian, or any inherited interest therein, which can be sold under existing law by authority Of the Secretary of the Interior, except the lands in Okla- homa, and the States of Minnesota and South Dakota may be sold on the petition of the allottee, Or his heirs, on such terms and conditions and under Such regulations as the Secretary of the Interior may pre- Scribe; and the lands of a minor, or of a perSOn deemed incompetent by the Secretary Of the In- terior to petition for himself, may be sold in the same manner, on the petition of the natural guardian in the case of infants, and in the case of Indians deemed incompetent as aforesaid, and of Orphans Without a natural guardian, on petition of a perSOn designated for the purpose by the Secretary of the Interior. That when any Indian who has heretofore received or who may hereafter receive, an allotment of land dies before the expiration of the trust period, the Sec- retary of the Interior shall ascertain the legal heirs of such Indian, and if satisfied of their ability to manage their own affairs shall cause to be issued in & 4225 (Tit. 28 INDIANS [Page 6301 - their names a patent in fee simple for said lands; but if he finds them incapable of managing their Own affairs, the land may be sold as hereinbefore provid- ed: Provided, That the proceeds derived from all sales hereunder shall be used, during the trust period, for the benefit Of the allottee, or heir, so disposing Of his interest, under the supervision of the Commission- er of Indian Affairs: And provided further, That upon the approval of any sale hereunder by the Secretary of the Interior he shall cause a patent in fee to issue in the name Of the purchaser for the lands SO Sold: And provided further, That nothing in section one herein contained shall apply to the States of Minnesota and South Dakota. (May 29, 1908, c. 216, 35 Stat. 444.) - . . - § 4225. Same; of noncompetent Indian—Any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law Or treaty, Or who may have an interest in any allotment by inheritance, may sell or convey all or any part of Such allotment Or Such inherited interest On Such terms and conditions and under such rules and reg- ulations as the Secretary of the Interior may pre- scribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so dis- posing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any convey- ance made hereunder and approved by the Secretary Of the Interior shall convey full title to the land or interest SO SOld, the same as if fee-Simple patent had been issued to the allottee. (March 1, 1907, c. 2285, 34 Stat. 1018.) § 4226. Ascertainment of heirs of deceased allottees, etc.—When any Indian to whom an allot- Iment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as here- inafter provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may pre- scribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their Own affairs, he shall issue to Such heir Or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be in- COImpetent he may, in his discretion, Cause such lands to be sold : Provided, That if the Secretary Of the Interior Shall find that the lands Of the decedent are capable of partition to the advantage of the heirs, he may cause the Shares Of Such as are COmpetent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales Of lands al- lotted to Indians authorized by this or any other Act shall be made under such rules and, regulations and upon Such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of ten per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount SO paid shall be forfeited ; in Case the bal- ance of the purchase price is to be paid in deferred payments, a further amount, not exceeding fifteen per centum of the purchase price may be so forfeited for failure to Comply with the terms of the sale. All for- feitures shall inure to the benefit Of the heirs. Upon payment of the purchase price in full, the Secretary of the Interior shall cause to be issued to the pur- chaser patent in fee for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or helrs as may be in- Competent, as their respective interests shall appear: Provided further; That the Secretary of the Interior is hereby authorized in his discretion to issue a cer- tificate of competency, upon application therefor, to any Indian, or in case of his death, to his heirs, to Whom a patent in fee containing restrictions on alien- ation has been or may hereafter be issued, and such Certificate shall have the effect of removing the re- Strictions on alienation contained in such patent: Provided further, That hereafter any United States Indian agent, superintendent, or other disbursing agent Of the Indian Service may deposit Indian mon- eys, individual or tribal, coming into his hands as Custodian, in Such bank or banks as he may select: Provided, That the bank or banks so selected by him Shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly Safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary gºe Interior. (June 25, 1910, c. 431, § 1, 36 Stat. § 4226a. Same; oaths in investigations; wit– nesses-Eſereafter any officer or employee appointed Or designated by the Secretary of the Interior or the Commissioner of Indian Affairs as special examiner in heirship cases shall be authorized to administer Oaths in investigations committed to him. (Aug. 1, 1914, c. 222, § 1, 38 Stat. 586.) * - A proviso accompanied this section that it should not apply to the Osage Indians nor the Five Civilized Tribes. § 4226b. Same; attendance of witnesses—The authority delegated to judges of the United States Courts by Section forty-nine hundred and eight of the Revised Statutes is hereby conferred upon the Secre- tary of the Interior to require the attendance of wit- IneSSes at hearings, upon proper showing by any of the parties to determine the heirs of decedents, held in accordance with section one of the Act of June twenty- fifth, nineteen hundred and ten (Thirty-sixth Statutes, page eight hundred and fifty-five), and the amendment Of February fourteenth, nineteen hundred and thir- teen (Thirty-seventh Statutes, page six hundred and Seventy-eight), under such rules and regulations as he may prescribe. (Aug. 1, 1914, c. 222, § 1, 38 Stat. 586.) See § 4226a. R. S. § 4908 is § 9453. - - § 4227. Payment or deduction of cost of de- termining heirs—Hereafter upon a determination of the heirs to any trust or restricted Indian property of the Value of $250 or more, or to any allotment, or aft- er approval by the Secretary of any will covering such trust or restricted property, there shall be paid by such heirs, or by the beneficiaries under such will, or from the estate of the decedent, or from the proceeds of sale of the allotment, or from any trust funds be- longing to the estate of the decedent, the sum of $15, Which amount shall be accounted for and paid into the Treasury of the United States and a report shall be made annually to Congress by the Secretary of the Interior, on or before the first Monday of December, Of all moneys collected and deposited, as herein pro- Vided. (May 18, 1916, c. 125, § 1, 39 Stat. 127.) Proviso to this section provided that it should not ap- ply to the Osage Indians nor the Five Civilized Tribes. Current appropriation for determining heirship, see . Act May 25, 1918, c. 86, § 1, 40 Stat. - § 4227a. Partition of allotment among heirs; patents—If the Secretary of the Interior shall find that any inherited trust allotment Or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the Competent heirs for their shares and trust patents to be issued to the in COmpetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate in a CCOrdance With the terms Of the Original patent Or Order of extension Of the trust period set out in said patent. (May 18, 1916, C. 125, § 1, 39 Stat. 127.) § 4228. Disposal by will of allotments held under trust—Any persons of the age of twenty-One years having any right, title, or interest in any allot- ment held under trust or other patent containing re- strictions on alienation or individual Indian moneys or other property held in trust by the United States Ch. 4C) 3 4238 INDIANS * [Page 63II shall have the right prior to the expiration of the trust Or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so execut- ed shall be valid or have any force or effect unless and until it shall have been approved by the Secre- tary of the Interior: Provided further, That the Sec- retary Of the Interior may approve or disapprove the Will either before or after the death of the testator, and in Case where a will has been approved and it is Subsequently discovered that there has been fraud in Connection with the execution or procurement of the will the Secretary of the Interior is hereby authorized Within One year after the death of the testator to can- Cel the approval of the will, and the property of the testator shall thereupon descend or be distributed in aCCOrdance with the laws of the State wherein the property is located: Provided further, That the ap- proval Of the will and the death. Of the testator Shall not Operate to terminate the trust or restrictive pe- riod, but the Secretary of the Interior may, in his dis- Cretion, cause the lands to be sold and the money de- rived therefrom, or so much thereof as may be neces- Sary, used for the benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to be issued to the devisee or devisees, and pay the moneys to the legatee or legatees either in whole Or in part from time to time as he may deem advisa- ble, or use it for their benefit: Provided also, That Sections One and two of this Act shall not apply to the Five Civilized Tribes or the Osage Indians. (June 25, 1910, c. 431, § 2, 36 Stat. 856, amended, Feb. 14, 1913, c. 55, 37 Stat. 678.) § 4229. Surrender of allotments by relin- quishment for benefit of children—In any case Where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Sec- retary of the Interior, in his discretion, may permit Such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquish- Iment as may be prescribed by the Secretary of the In- terior, for the benefit of any of his or her children to Whom no, allotment Of land shall have been Imade ; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which at- tached to it before such relinquishment. (June 25, 1910, c. 431, § 3, 36 Stat. 856.) § 4230. Sale of timber; on unallotted lands— The mature living and dead and down timber on un- allotted lands of any Indian reservation may be sold under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians of the reserva- tion in such manner as he may direct: Provided, That this section shall not apply to the States of Minne- sota and Wisconsin. (June 25, 1910, c. 431, § 7, 36 Stat. 857.) - - Sale of timber from Indian reservations, see § 4072. § 4231. Same; on allotments held under trust —The timber on any Indian allotment held under a trust Or Other patent GOntaining restrictions on alien- ations, may be sold by the allottee with the consent of the Secretary of the Interior and the proceeds thereof shall be paid to the allottee or disposed of for his benefit under regulations to be prescribed by the Secretary of the Interior. (June 25, 1910, c. 431, § 8, 36 Stat. 857.) - § 4232. Patents with restrictions for lots in villages in Washington—That the Secretary of the Interior be, and he is hereby, authorized, whenever in his opinion it shall be conducive to the best welfare and interest of the Indians living within any Indian village on any of the Indian reservations in the State of Washington, to issue a patent to each of said In- dians for the village or town lot occupied by him, which patent shall contain restrictions against the *Out restrictions had been issued to the allottee: | alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such Indian Shall die subsequent to the approval of this Act, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled if living shall be patented in his name and shall be disposed of as provided for in section one of this Act. (June 25, 1910, c. 431, § 10, 36 Stat. 858.) - - $ 4233. Cancellation of trust patents within power or reservoir sites—The Secretary of the In- terior, after notice and hearing, is hereby authorized to Cancel trust patents issued to Indian allottees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation . for irriga- tion purposes under authority of Congress: Provided, That any Indian allottee whose allotment shall be so Canceled shall be reimbursed for all improvements on his canceled allotment, out of any moneys available for the Construction of the irrigation project for which the Said power or reservoir site may be set aside: Provided, further, That any Indian allottee whose al- lotment, or part thereof, is so canceled shall be al- lotted land of equal value within the area subject to irrigation by any such project. (June 25, 1910, c. 431, § 14, 36 Stat. 859.) - § 4234. Provisions of act not to apply to eer- tain tribes—The provisions of this Act shall not ap- ply to the Osage Indians, nor to the Five Civilized Tribes, in Oklahoma, except as provided in section thirty-two. (June 25, 1910, c. 431, § 33, 36 Stat. 863.) § 4235. Lands acquired not liable for debts prior to final patent—No lands acquired under the provisions of this Act shall, in any event, become lia- ble to the satisfaction of any debt contracted prior to the issuing of the final patent in fee therefor. (June 21, 1906, c. 3504, 34 Stat. 327.) - § 4236. Moneys from lease or sale of certain lands not liable for certain debts—No money ac- Cruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, Or, in case of a minor, during his minority, except with the approval and COnsent Of the Secretary of the In- terior. (June 21, 1906, c. 3504, 34 Stat. 327.) See § 4203. - - - § 4237. Interest on moneys from proceeds of sale—The shares of money due minor Indians as their proportion of the proceeds from the sale of Ceded Or tribal Indian lands, whenever such shares have been, or shall hereafter be, withheld from their par- ents, legal guardians, or others, and retained in the United States Treasury by direction of the Secretary of the Interior, shall draw interest at the rate of three per centum per annum, unless otherwise provided for, from the period when such proceeds have been or shall be distributed per Capita among the members Of the tribe of which Such minor is a member ; and the Sec- retary of the Treasury is hereby authorized and di- rected to allow interest. On such unpaid amounts be- longing to said minors as shall be certified by the Secretary of the Interior as entitled to draw interest under this Act. (June 21, 1906, c. 3504, 34 Stat. 327.) § 4238. Sale of lands within reclaimation proj- eets—Any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent with- Pro- vided, That the consideration shall be placed in the Treasury of the United States, and used by the Com- 3.4239 (Tit.28 INDIANS [Page 6321 missioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the Water right to be paid to § * thereof. (June 21, 1906, c. 3504, 34 Stat. § 4239. Payment of taxes from share of al- lottee in tribal funds—In any Case Where the re- strictions as to alienation have been removed With re- spect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, Or as a member Of any tribe, has an interest in any fund held by the United States be- yond the amount by law chargeable to such Indian Or tribe on account Of advances, the Commissioner Of Indian Affairs is hereby authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be de- ducted from the share of such allottee in the final dis- tribution or payment to him from such fund: Pro- vided, That no such payment shall be made by said Commissioner where it is in excess of the amount which will ultimately be due said allottee. (March 1, 1907, c. 2285, 34 Stat. 1016.) . . § 4240. Condemnation of lands under laws of States—Tands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same man- ner as land owned in fee may be COndemned, and the money awarded as damages shall be paid to the allot- tee. (March 3, 1901, c. 832, § 3, 31 Stat. 1084.) - TITLE XXIX—IMMIGRATION Chap. Sec. A. Regulation and restriction of immigration in general - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4241 Chap. Sec. B. Exclusion of Chinese. . . . . . . . . . . . . . . . . . . . . . . . . . . 4290 C. The cooly-trade e sº e s e o e º en e s e e s s. s e º e o e o e º ei º e º º º 4342 Chapter A–Regulation and Restriction of Immigration in General The provisions of various acts relating to immigration subsequent to the enactment of the Revised Statutes, and prior to March 3, 1903, were superseded almost entirely by Act March 3, 1903, c. 1012, 32 Stat. 1213, which (ex- cept $ 34) was expressly repealed by Act Feb. 20, 1907, c. 1134, 34 Stat. 898, which later act was in turn repealed (except $ 34) by Act Feb. 5, 1917, c. 29, 39 Stat. 874. Sec. 4241. No tax or charge by state on immigrants. 4242. [Repealed.] 4243. Head tax on aliens and other moneys covered into Treasury. . 4244. [Repealed.] - • . , 4245. Contracts for labor or service of aliens, previous to im- - portation, Void. 4246. Same; reward to informer. 4247, 4248. [Repealed.] 4249. [Superseded.] 4250–4256. [Repealed.] 4257. Posting laws by agents of steamship companies. 4258. [Repealed.] 4259. [Superseded.] 4260-4263. [Repealed.] 4264. [Superseded.] 4265. [Repealed.] 4266. [Superseded.] 4267-4270. [Repealed.] 4271. Commissioners of immigration; 4272–4277. [Repealed.] 4278. [Superseded.] 4279-4281. ... [Repealed.] - 4231a. Office for Immigration Service at Montreal, Canada. 4282. [Repealed.] - - 4283. Commissioner of Immigration at New Orleans. 4284-4289. [Repealed.] 428914a. Definitions; 4289%aa. Tax on aliens entering United States; on vessels, etc. 428914b. Aliens excluded; appointment. enforcement of act in Philippines. lien of tax literacy test; skilled labor; ex- ception.S. 428914bb. Importation of aliens for immoral purposes. 4289%.c. Contract laborers; prepaying transportation or as- sisting importation. - 428914cc. Advertisements of employment to aliens, etc. 4289%d. Solicitation of immigration by transportation com- panies. 4289%dd. Bringing in or harboring or concealing certain aliens. 428914e. Bringing in aliens subject to disability, or afflicted With disease. Bringing alien to prevent landing at time or place other than designated; failure to comply With re- quirements. 428914f. Detention of aliens for observation and examination. 4289%ff. Detail of inspectors and matrons on vessels carrying immigrant or emigrant passengers. 4289%g. Lists of alien passengers arriving or departing ; rec- - ord of resident aliens and citizens leaving for for- - eign Country. 4289%gg. Grouping of alien passengers in lists; tion tickets. - 428914.h. Refusal or failure to furnish lists of alien passengers. 4289% ee. identifica- Sec. 4289%hh. Inspection of alien passengers on arrival; temporary removal for examination. 4289%i. Physical and mental examination of alien passengers; regulations. 4289%ii. Boards of special inquiry; appointment. 4289%j. Immediate deportation of aliens brought in violation of law; cost of maintenance and return. - 428914.jj. Deportation within certain time of aliens entering or found in United States in violation of law. 428914k. Ports to which aliens to be deported; cost of deporta- tion. - 428914]{k. Admission of aliens liable to be excluded on giving bond or cash deposit. Temporary detention and admission or deportation, in case of contagious disorder, of Wife or minor child of naturalized alien or resident alien. 42891477. Landing stations for alien passengers transported . from Canada or Mexico. 4289141m. Interior immigrant stations. 428914mm. Discrimination in rules and contracts for entry and inspection of aliens. . 428914m. Aiding or assisting certain aliens to enter. 4289141mn. International conference, for regulation of immi- * gration of aliens; special commissioners. 4289%l. 428914o. Immigration officers; duties. 4289%oo. Same; appointment; compensation. gº 4289%p. Jurisdiction of district courts; duties of district at- torneyS. 42891419p. Disposal of privileges at stations; sale of liquors. 428914q. Local jurisdiction over stations. 428914qq. Signing alien on ship's articles with intent to per- mit landing in violation of laws. - Landing of excluded aliens employed on vessels. Paying off or discharging excluded aliens employed on vessels; landing to allow reshipping. 428914s. Deportation of alien seamen landing contrary to law: Employment on passenger vessels of aliens afflicted 428914.SS. with idiocy, etc. . - 428914t. Lists of aliens employed on vessels arriving from foreign ports; reports of aliens illegally landed. 428914tt. Definitions. 4289%u. Time of taking effect of act; § 4241. No tax or charge by state on immi- grants—No tax or charge shall be imposed or enforced by any State upon any person immigrating theretO from a foreign country, which is not equally imposed and enforced upon every person immigrating to such State from any other foreign country. (R. S. $ 2164.) § 4242. [Repealed.] Act Feb. 20, 1907, c. 1134, § 1, 34 Stat. 898. by Act Feb. 5, 1917, c. 29, § 38. § 4243. Head tax on aliens and other moneys covered into Treasury—On and after July first, nine- teen hundred and nine, all head tax collected pursu- ant to the provisions of section one of the said Act of February twentieth, nineteen hundred and seven, to- gether with all fines, rentals collected, and moneyS received from other sources under the laws regulat- ing the immigration of aliens into the United States, 4289%r. 4289%rr. repeal. Repealed Ch. A) 3 4289%a IMMIGRATION [Page 633] shall be COVered into the Treasury to the credit of miscellaneous receipts. (March 4, 1909, c. 299, § 1, 35 Stat. 982.) § 4244. [Repealed.] Act Feb. 20, 1907, c. 1134, § 2, 34 Stat. 898, as amended, Act March 26, 1910, c. 128, § 1, 36 Stat. 263. Repealed by Act Feb. 5, 1917, c. 29, § 38. § 4245. Contracts for labor or service of aliens, previous to importation, void—All contracts Or agreements, eXpress Or implied, parol, or special, Which may hereafter be made by and between any perSOn, COmpany, partnership, or Corporation, and any foreigner or foreigners, alien or aliens, to perform labor Or Service or having reference to the perform- ance of labor or Service by any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the person Or perSOnS Whose labor Or Service is contracted for into the United States, shall be utterly void and of Ino effect. (Feb. 26, 1885, c. 164, § 2, 23 Stat. 332.) § 4246. Same; reward to informer—That the act approved February twenty-sixth, eighteen hun- dred and eighty-five, entitled “An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” be, and the same is hereby, amended so as to authorize the Secretary of [Commerce and La- bor to pay to an informer who furnishes original in- formation that the law has been violated such a share Of the penalties recovered as he may deem reason- able and just, not exceeding fifty per centum, where it appears that the recovery was had in consequence of the information thus furnished. (Oct. 19, 1888, c. 1210, § 1, 25 Stat. 566, amended, April 28, 1904, No. 34, 33 Stat. 591.) §§ 4247, 4248. [Repealed.] Act Feb. 20, 1907, c. 1134, § 3, 34 Stat. 899, as amended, Act March 26, 1910, c. 128, § 2, 36 Stat. 264, and Act Feb. 20, 1907, c. 1134, § 4, 34 Stat. 900. Repealed by Act Feb. 5, 1917, c. 29, § 38. • § 4249. [Superseded.] Act April 29, 1902, c. 641, § 3, 32 Stat. 177, as amended. Res. April 28, 1904, No. 34,. 33 Stat. 591. Superseded by similar provisions in Act Feb. 5, 1917, c. 29 §§ 4250–4256. [Repealed.] Act Feb. 20, 1907, c. 1134, §§ 5-11, 34 Stat. 900, 901. pealed by Act Feb. 5, 1917, c. 29, § 38. § 4257. Posting of laws by agents of steam- ship companies—All steamship Or transportation companies, and other owners of vessels, regularly en- gaged in transporting alien immigrants to the United States, shall twice a year file a certificate With the Secretary of the Treasury that they have furnished to be kept conspicuously exposed to view in the office of each Of their agentS in foreign Countries authorized to sell emigrant tickets, a Copy of the law of March third, eighteen hundred and ninety-One, and Of all Sub- Sequent laws Of this COuntry relative to immigration, printed in large letters, in the language of the COun- try where the Copy of the law is to be exposed to view, and that they have instructed their agents to call the attention thereto of persons contemplating emigration before selling tickets to them ; and in case of the fail- ure for Sixty days of any such company or any such OWners to file such a certificate, or in case they file a false certificate, they shall pay a fine of not exceeding five hundred dollars, to be recovered in the proper United States court, and said fine shall also be a lien upon any Vessel of Said company or owners found Within the United States. (March 3, 1893, c. 206, § 8, 27 Stat. 570.) § 4258. [Repealed.] Act Feb. 20, 1907, c. 1134, § 12, 34 Stat. 901. Repealed by Act Feb. 5, 1917, c. 29, § 38. § 4259. [Superseded.] Act March 4, 1909, c. 305, 35 Stat. 1060. Superseded by Similar provisions in Act Feb. 5, 1917, c. 29. §§ 42.60–4263. [Repealed.] , Act Feb. 20, 1907, c. 1134, §§ 13–16, 34 Stat. 902, 903. Re- pealed by Act Feb. 5, 1917, c. 29, § 38. Re- § 4264. [Superseded.] Act Oct. 22, 1913, c. 32, 38 Stat. 226. similar provisions in Act Feb. 5, 1917, c. 29 § 4265. [Repealed.] Act Feb. 20, 1907, c. 1134, § 17, 34 Stat. 903. Repealed by Act Feb. 5, 1917, c. 2, § 38. § 4266. [Superseded.] Act March 4, 1909, c. 299, § 1, 35 Stat. 969. by similar provisions in Act Feb. 5, 1917, c. 29 §§ 4267–4270. [Repealed.] Superseded by Superseded Act Feb. 20, 1907, c. 1134, §§ 18–21, 34 Stat. 904, 905. Re- pealed by Act Feb. 5, 1917, c. 29, § 38. § 4271. Commissioners of immigration; ap- pointment—The Commissioners of immigration at the several ports shall be appointed by the President, by and with the advice and consent of the Senate, to hold their Offices for the term of four years, unless sooner removed, and until their successors are appoint- ed; and nominations for such offices shall be made to the Senate by the President as soon as practicable aft- er the passage of this Act. (Aug. 18, 1894, C. 301, § 1, 28 Stat. 390.) §§ 4272—4277. [Repealed.] Act Feb. 20, 1907, c. 1134, §§ 23–29, 34 Stat. 906, 907. Re- pealed by Act Feb. 5, 1917, c. 29, § 38. § 4278. [Superseded.] Act Feb. 25, 1913, c. 73, § 1, 37 Stat. 682. Superseded by similar provisions in Act Feb. 5, 1917, c. 29. §§ 4279–4281. [Repealed.] Act Feb. 20, 1907, c. 1134, §§ 30-32, 34 Stat. 907, 908. Re- pealed by Act Feb. 5, 1917, c. 29, § 38. § 4281a. Office for Immigration Service at Montreal, Canada—The Secretary of Labor is au- thorized to execute a lease for office quarters for the United States Immigration Service at Montreal, Can- ada, for a period of four years from July first, nine- teen hundred and fourteen, at a rate of rental not exceeding $4,500 per annum. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 666.) § 4282. [Repealed.] Act Feb. 20, 1907, c. 1134, § 33, 34 Stat. 908. Repealed by Act Feb. 5, 1917, c. 29, § 38. § 4283. Commissioner of Immigration at New Orleans—The Commissioner of Immigration to dis- charge at New Orleans, Louisiana, the duties now re- quired Öf other commissioners of immigration at the respective ports of the United States Shall be ap- pointed in the same manner and for the same term as the said other commissioners, and shall have the same official status as they ; and that section thirty- four of the immigration Act approved February tWen- tieth, nineteen hundred and seven, is hereby repealed in So far as it conflicts with the foregoing provision : Provided further, however, That the salary of the said commissioner of immigration at New Orleans, Louisi- ana, shall be reduced to the sum of $2,900 per annum. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 666.) §§ 4284–4289. [Repealed.] Act Feb. 20, 1907, c. 1134, §§ 35–43, 34 Stat. 908-911. Re- pealed by Act Feb. 5, 1917, c. 29, § 38. § 4289%a. Definitions; enforcement of act in Philippines—The word “alien” wherever used in this Act shall include any person not a native-born Or naturalized Citizen of the United States; but this defi- nition shall not be held to include Indians Of the United States Inot taxed Or Citizens Of the islands under the jurisdiction of the United States. That the term “United States” as used in the title as Well as in the Various Sections Of this Act shall be COInstrued to mean the United States, and any waters, territory, or other place subject to the jurisdiction thereof, ex- Cept the Isthmian Canal Zone; but if any alien shall 1eave the Canal Zone Or any insular possession of the United States and attempt to enter any other place under the jurisdiction of the United States, nothing contained in this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens. That the term “seaman” as used in this Act shall include every person signed on the Ship's articles and employed in any capacity on board any VeSSel arriving in the United States from any foreign port or place. & 4289%a (Tit.29 IMMIGRATION [Page 634] That this Act shall be enforced in the Philippine Islands by officers of the general government thereof, unless and until it is superseded by an act passed by the Philippine Legislature and approved by the Presi- dent of the United States to regulate immigration in the Philippine Islands as authorized in the Act en- titled “An Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands,” ap- proved August twenty-ninth, nineteen hundred and six- teen. (Feb. 5, 1917, c. 29, § 1, 39 Stat. 874.) § 4289%aa. Tax on aliens entering United States; lien of tax on vessels, etc.—There shall be levied, collected, and paid a tax of $8 for every alien, including alien seamen regularly admitted as pro- Vided in this Act, entering the United States: Provid- ed., That children under sixteen years of age who accompany their father or their mother shall not be subject to said tax. The said tax shall be paid to the collector of customs of the port or customs dis- trict to which said alien shall come, or, if there be no collector at such port or district, then to the col- lector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other Conveyance or vehicle bringing such alien to the Unit- ed States, or by the alien himself if he does not come - by a vessel, transportation line, or other conveyance or vehicle or when collection from the master, agent, OWner, Or Consignee of the vessel, transportation line, Or other Conveyance, or vehicle bringing such alien to the United States is impracticable. The tax imposed by this section shall be a lien upon the vessel or other Vehicle of carriage or transportation bringing such aliens to the United States, and shall be a debt in favor of the United States against the owner or own- ers of such vessel or other vehicle, and the payment of such tax may be enforced by any legal or equita- ble remedy. That the said tax shall not be levied on account of aliens who enter the United States after an uninterrupted residence of at least one year im- mediately preceding such entrance in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, for a temporary stay, nor on account of otherwise admissible residents or citizens of any possession of the United States, nor on ac- count of aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory, and the Commissioner General of Immigration with the approval of the Sec- retary of Labor shall issue rules and regulations and prescribe the conditions necessary to prevent abuse of these exceptions: Provided, That the Commission- er General of Immigration, under the direction Or With the approval of the Secretary of Labor, by agreement with transportation lines, as provided in section twen- ty-three of this Act, may arrange in some other man- ner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory: Provided further, That said tax, when levied upon aliens entering the Philippine IS- lands, shall be paid into the treasury of said islands, to be expended for the benefit of such islands: vided further, That in the cases of aliens applying for admission from foreign contiguous territory and rejected, the head tax collected shall upon applica- tion, upon a blank which shall be furnished and ex- plained to him, be refunded to the alien. (Feb. 5, 1917, c. 29, § 2, 39 Stat. 875.) t * § 4289%b. Aliens excluded; skilled labor; exceptions—The following classes of aliens shall be excluded from admission into the Unit- ed States: All idiots, imbeciles, feeble-minded per- sons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic in- Pro- literary test; . feriority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dan- gerous contagious disease; persons not comprehended within any of the foregoing eXCluded classes Who are found to be and are certified by the examining sur- geon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons Who have been convicted of or admit having commit- ted a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who prac- tice polygamy or believe in or advocate the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieve in or are opposed to organized government, or who advocate the assassination of public officials, or who advocate or teach the unlaw- ful destruction of property; persons who are members of Or affiliated with any organization entertaining and teaching disbelief in or opposition to organized 89 Vernment, or who advocate or teach the duty, neces- sity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individu- als or of Officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who ad- Vocate or teach the unlawful destruction of property; prostitutes, or persons coming into the United States for the purpose of prostitution or for any other im- moral purpose; perSons who directly or indirectly procure or attempt to procure or import prostitutes Or persons for the purpose of prostitution or for any 9ther immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution ; persons hereinafter called contract la- borers, who have been induced, assisted, encouraged, Or Solicited to migrate to this country by offers or promises of employment, whether such offers or prom- ises are true or false, or in consequence of agree- ments, Oral, written or printed, express or implied, to perform labor in this country of any kind, skilled Or unskilled ; persons who have come in consequence of advertisements for laborers printed, published, or distributed in a foreign country; persons, likely to become a public charge; persons who have been de- ported under any of the provisions of this Act, and Who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be admitted from foreign contiguous territory the Secretary of Labor shall have consented to their re- applying for admission ; persons whose tickets or passage is paid for with the money of another, or Who are assisted by others to come, unless it is affirm- atively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes;, persons whose ticket or passage is paid for by any Corporation, association, society, municipality, or for- eign Government, either directly or indirectly ; stowa- Ways, except that any Such Stowaway, if otherwise ad- missible, may be admitted in the discretion of the Secretary of Labor; all children under sixteen years Of age, unaccompanied by or not coming to one or both of their parents, except that any such children may, in the discretion of the Secretary of Labor, be admitted if in his opinion they are not likely to be- come a public charge and are otherwise eligible; un- less otherwise provided for by existing treaties, per- Sons who are natives of islands not possessed by the United States adjacent to the Continent of ASia, sit- uate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of lon- gitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province, or dependency situate on the Continent of Asia west of the one hundred and tenth Ch. A) 3 4289%bb IMMIGRATION IPage 635] meridian of longitude east from Greenwich and east Of the fiftieth meridian Of longitude east from Green- wich and SOuth of the fiftieth parallel of latitude north, except that portion of said territory situate between the fiftieth and the sixty-fourth meridians of longitude east from Greenwich and the twenty-fourth and thirty-eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States. The provision next foregoing, how- ever, shall not apply to persons of the following stat- US Or occupations: Government Officers, ministers Or religious teachers, missionaries, lawyers, physicians, Chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure, nor to their legal wives or their children under sixteen years of age who shall accompany them or who subsequently may apply for admission to the United States, but such persons or their legal Wives or foreign-born children who fail to maintain in the United States a status Or occupation placing them within the excepted classes shall be deemed to be in the United States contrary to law, and shall be sub- ject to deportation as provided in Section nineteen Of this Act. That after three months from the passage of this Act, in addition to the aliens who are by law now excluded from admission into the United States, the following persons shall also be excluded from ad- mission thereto, to wit: All aliens Over sixteen years of age, physically Capa- ble of reading, who can not read the English lan- guage, or some other language or dialect, including Hebrew or Yiddish: Provided, That any admissible alien, or any alien heretofore or hereafter legally ad- mitted, or any citizen of the United States, may bring in or send for his father or grandfather over fifty- five years of age, his wife, his mother, his grandmoth- er, or his unmarried or widowed daughter, if Other- wise admissible, whether such relative can read or not ; and such relative shall be permitted to enter. That for the purpose of ascertaining whether aliens can read the immigrant inspectors shall be furnished with slips of uniform size, prepared under the direc- tion of the Secretary of Labor, each containing not less than thirty nor more than forty words in ordinary use, printed in plainly legible type in some One of the various languages or dialects Of immigrantS. Each alien may designate the particular language Or dialect in which he desires the examination to be made, and shall be required to read the words print- ed on the slip in such language or dialect. That the following classes of persons shall be exempt from the Operation of the illiteracy test, to Wit: All aliens Who shall prove to the satisfaction of the proper immigra- tion officer or to the Secretary of Labor that they are seeking admission to the United States to avoid religious persecution in the country of their last permanent residence, whether such persecution be evi- denced by overt acts or by laws or governmental reg- ulations that discriminate against the alien Or the race to which he belongs because of his religious faith; all aliens who have been lawfully admitted to the United States and who have resided therein Con- tinuously for five years and who return to the United States within six months from the date of their de- parture therefrom ; all aliens in transit through the TJnited States; all aliens who have been lawfully ad- mitted to the United States and who later shall go in transit from one part of the United States to another thirough foreign contiguous territory: Provided, That nothing in this Act shall exclude, if otherwise ad- missible, persons convicted, or who admit the com- mission, Or Who teach Or advocate the Commission, Of an offense purely political : Provided further, That the provisions of this Act, relating to the payments for ticketS or passage by any COrporation, association, Society, municipality, or foreign Government shall not apply to the tickets or passage of aliens in im- mediate and continuous transit through the United States to foreign contiguous territory: Provided fur- ther, That Skilled labor, if otherwise admissible, may be imported if labor of like kind unemployed cannot be found in this country, and the question of the ne- Cessity of importing such skilled labor in any par- ticular instance may be determined by the Secretary Of Labor upon the application of any person interested, Such application to be made before such importation, and Such determination by the Secretary of Labor to be reached after a full hearing and an investigation into the facts of the case: Provided further, That the provisions Of this law applicable to contract labor Shall not be held to exclude professional actors, ar- tists, lecturers, singers, nurses, ministers of any re- ligious denomination, professors for colleges, or semi- naries, persons belonging to any recognized learned profession, or persons employed as domestic serv- ants: Provided further, That whenever the President Shall be satisfied that passports issued by any foreign Government to its citizens or subjects to go to any Country other than the United States, or to any in- Sūlar possession of the United States Or to the Canal Zone, are being used for the purpose of enabling the holder to Come to the continental territory of the United States to the detriment of labor conditions therein, the President shall refuse to permit such Citizens or subjects of the country issuing such pass- ports to enter the Continental territory of the United States from such other country or from such insular DOSSession or from the Canal Zone: Provided further, That aliens returning after a temporary absence to an unrelinquished United States domicile of seven con- Secutive years may be admitted in the discretion of the Secretary of Labor, and under such conditions as he may prescribe: Provided further, That nothing in the Contract-labor or reading-test provisions of this Act shall be construed to prevent, hinder, or restrict any alien exhibitor, or holder of concession or priv- ilege for any fair or exposition authorized by Act of Congress, from bringing into the United States, under Contract, Such otherwise admissible alien mechanics, artisans, agents, or other employees, natives of his Country as may be necessary for installing or con- ducting his exhibit or for preparing for installing or conducting any business authorized or permitted un- der any concession or privilege which may have been Or may be granted by any such fair or exposition in Connection therewith, under such rules and regula- tions as the Commissioner General of Immigration, With the approval of the Secretary of Labor, may pre- Scribe both as to the admission and return of such persons: Provided further, That the Commissioner General of Immigration with the approval of the Sec- retary Of Labor shall issue rules and prescribe condi- tions, including exaction of such bonds as may be nec- essary, to Control and regulate the admission and re- turn of otherwise inadmissible aliens applying for temporary admission : Provided further, That nothing in this Act shall be construed to apply to accredited Officials of foreign Governments, nor to their suites, gºes or guests. (Feb. 5, 1917, c. 29, § 3, 39 Stat. § 4289%bb. Importation of aliens for im- moral purposes—The importation into the United States of any alien for the purpose of prostitution, Or for any other immoral purpose, is hereby forbid- den; and whoever shall, directly or indirectly, im- port, Or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, con- trol, support, employ, Or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, in pursuance of such ille- gal importation, shall in every Such case be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment for a term of not more 3 4289%c \ (Tit.29 IMMIGRATION [Page 636] than ten years and by a fine of not more than $5,000. Jurisdiction for the trial and punishment of the felo: nies hereinbefore set forth shall be in any district to or into which said alien is brought in pursuance of said importation by the person or persons accused, or in any district in which a violation of any of the foregoing provisions of this section occurs. That any alien who shall, after he has been excluded and de- ported or arrested and deported in pursuance of the provisions of this Act which relate to prostitutes, pro- Curers, or other like immoral persons, attempt there- after to return to or to enter the United States shall be deemed guilty of a misdemeanor, and on ConVic- tion thereof shall be punished by imprisonment for a term of not more than two years. In all prosecutions under this section the testimony of a husband or Wife shall be admissible and competent evidence against each other. (Feb. 5, 1917, c. 29, § 4, 39 Stat. 878.) § 4289%.c. Contract laborers; prepaying transportation or assisting importation—It shall be unlawful for any person, company, partnership, Or corporation, in any manner whatsoever, to prepay the transportation or in any way to induce, assist, en- courage, or solicit, or attempt to induce, assist, en- courage, or solicit the importation or migration of any contract laborer or contract laborers into the United States, unless such contract laborer or contract labor- ers are exempted under the fifth proviso of Section three of this Act, or have been imported With the permission of the Secretary of Labor in accordance with the fourth proviso of said section, and for every violation of any of the provisions of this section the person, partnership, company, or corporation Violat- ing the same shall forfeit and pay for every such offense the sum of $1,000, which may be sued for and recovered by the United States, as debts of like amount are now recovered in the courts of the United States. For every violation of the provisions hereof the person violating the same may be prosecuted in a criminal action for a misdemeanor, and On Convic- tion thereof shall be punished by a fine of $1,000, Or by imprisonment for a term of not less than Six months nor more than two years; and under either the civil or the criminal procedure mentioned separate suits or prosecutions may be brought for each alien thus offered or promised employment as aforesaid. The Department of Justice, with the approval of the Department Of Labor, may from any fines or penalties received pay rewards to persons other than Govern- ment employés who may furnish information leading to the recovery of any such penalties, or to the ar- rest and punishment of any person, as in this section provided. (Feb. 5, 1917, c. 29, § 5, 39 Stat. 879.) § 4289% ce. Advertisements of employment to aliens, etc.—It shall be unlawful and be deemed a violation of section five of this Act to induce, assist, encourage, or solicit or attempt to induce, assist, en- courage, or solicit any alien to come into the United States by promise of employment through advertise- ments printed, published, or distributed in any foreign country, whether such promise is true or false, and either the civil or criminal penalty or both imposed by said section shall be applicable to such a case. (Feb. 5, 1917, c. 29, § 6, 39 Stat. 879.) § 4289%d. Solicitation of immigration by transportation companies—It shall be unlawful for any person, association, society, company, partner- ship, Corporation, or others engaged in the business of transporting aliens to or within the United States, including Owners, masters, Officers, and agents of ves- sels, directly or indirectly, by writing, printing, oral representation, payment of any commissions to an alien coming into the United States, allowance of any rebates to an alien coming into the United States, or Otherwise to Solicit, invite, or encourage or attempt to Solicit, invite, or encourage any alien to come into the United States, and anyone violating any provision hereof Shall be subject to either the civil or the crim- inal prosecution, or both, prescribed by section five of this Act; or if it shall appear to the satisfaction Of the Secretary of Labor that any owner, master, Officer, Or agent of a vessel has brought or caused to be brought to a port of the United States any alien SO Solicited, invited, or encouraged to come by such OWner, master, officer, or agent, such owner, master, Officer, Or agent shall pay to the collector of customs Of the customs district in which the port of arrival is located, Or in which any vessel of the line may be found, the sum of $400 for each and every such vio- lation ; and no vessel shall be granted clearance pend- ing the determination of the question of the liability to the payment of such fine, or while the fine imposed remains unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit with the collector of customs of a sum suffi- cient to cover such fine: Provided further, That whenever it shall be shown to the satisfaction of the Secretary of Labor that the provisions of this section are persistently violated by or on behalf of any trans- portation company, it shall be the duty of said Secre- tary to deny to such company the privilege of landing alien immigrant passengers of any or all classes at United States ports for such a period as in his judg- Iment may be necessary to insure an Observance Of such provisions: Provided further, That this section shall not be held to prevent transportation companies from issuing letters, circulars, or advertisements, con- fined strictly to stating the sailing of their vessels and terms and facilities of transportation therein: Provided further, That under sections five, six, and Seven hereof it shall be presumed from the fact that any perSOn, COmpany, partnership, corporation, asso- Ciation, Ol' Society induces, assists, encourages, Solicits Or invites, or attempts to induce, assist, encourage, solicit or invite the importation, migration or coming of an alien from a country foreign to the United States, that the offender had knowledge of such per- son’s alienage. (Feb. 5, 1917, c. 29, § 7, 39 Stat. 879.) § 428.9%dd. Bringing in or harboring or con- cealing certain aliens—Any person, including the master, agent, Owner, or consignee of any vessel, Who shall bring into or land in the United States, by Ves- sel or otherwise, or shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, or shall Conceal Or harbor, or attempt to conceal or harbor, or assist or abet another to conceal or harbor in any place, in- cluding any building, vessel, railway car, conveyance, Or Vehicle, any alien not duly admitted by an immi- grant inspector or not lawfully entitled to enter or to reside Within the United States under the terms Of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $2,000 and by imprisonment for a term not exceeding five years, for each and every alien SO landed Or brought in or attempted to be landed or brought in. (Feb. 5, 1917, c. 29, § 8, 39 Stat. 880.) § 4289%.e. Bringing in aliens subject to disa- bility, or afflicted with disease—It shall be unlaw- ful for any person, including any transportation com- pany other than railway lines entering the United States from foreign Contiguous territory, or the Own- er, master, agent, or consignee of any vessel to bring to the United States either from a foreign country or any insular possession of the United States any alien afflicted with idiocy, insanity, imbecility, feeble- mindedness, epilepsy, constitutional psychopathic in- feriority, chronic alcoholism, tuberculosis in any form, or a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secre- tary of Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation, and that the existence of such disease or disability might have been detected by means Of a competent medical examination at such time, such person Or transporta- tion Company, or the master, agent, OWner, or con- Ch. A) 3 4289%g IMMIGRATION [Page 637] signee of any such vessel shall pay to the collectOr of customs of the customs district in Which the port of arrival is located the sum of $200, and in addition a sum equal to that paid by such alien for his trans- portation from the initial point of departure, indicated in his ticket, to the port of arrival for each and every violation of the provisions of this section, such latter sum to be delivered by the collector of Customs to the alien on whose account assessed. It shall also be unlawful for any such person to bring to any port Of the United States any alien afflicted with any men- tal defect other than those above specifically named, or physical defect of a nature which may affect his ability to earn a living, as contemplated in Section three of this Act, and if it shall appear to the satis- faction of the Secretary of Labor that any alien SO brought to the United States was so afflicted at the time of foreign embarkation, and that the existence of such mental or physical defect might have been detected by means of a competent medical examina- tion at such time, such person shall pay to the Col- lector of customs of the customs district in which the port of arrival is located the sum of $25, and in addi- tion a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter Sum to be delivered by the collector of customs to the alien for whose account assessed. It shall also be unlawful for any such person to bring to any port of the United States any alien who is excluded by the provisions of section three of this Act because unable to read. Or who is excluded by the terms of section three of this Act as a native Of that portion of the Continent of Asia and the islands adjacent thereto described in said section, and if it shall appear to the satisfaction of the Secretary of Labor that these disabilities might have been detected by the exercise of reasona- ble precaution prior to the departure of such aliens from a foreign port, such person shall pay to the Col- lector of customs of the customs district in which the port of arrival is located the sum of $200, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter Sum to be delivered by the collector of customs to the alien on whose account assessed. And no Vessel shall Joe granted clearance papers pending the determina- tion of the question of the liability to the payment Of such fines, or while the fines remain unpaid, nor shall such fines be remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover Such fines: Provided further, That nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of the United States aliens who are by any of the provisos or exceptions to section three hereof ex- empted from the excluding provisions of said section. (Feb. 5, 1917, c. 29, § 9, 39 Stat. 880.) § 4289% ee. . Prevention of landing of aliens at time or place other than designated; failure to comply with requirements—It shall be the duty of every person, including Owners, officers, and agents of vessels or transportation lines, or international bridges Or toll roads, other than railway lines which may enter into a contract as pro- vided in Section twenty-three Of this Act, bringing an alien to, or providing a means for an alien to come to, any seaport or land border port of the United States, to prevent the landing of such alien in the |United States at any time or place Other than as des- ignated by the immigration officers, and the failure of any such person, owner, officer, or agent to comply with the foregoing requirements shall be deemed a misdemeanor and on Conviction thereof shall be pun- ished by a fine in each case of not less than $200 nor more than $1,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprison- ment; Or, if in the Opinion of the Secretary of Labor it is impracticable or inconvenient to prosecute the person, owner, master, officer, or agent, of any Such vessel, a penalty of $1,000 shall be a lien upon the Vessel whose owner, master, officer, or agent violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States court. (Feb. 5, 1917, c. 29, § 10, 39 Stat. 881.) § 4289%f. Detention of aliens for observation and examination—For the purpose of determining Whether aliens arriving at ports Of the United States belong to any of the classes excluded by this Act, ei- ther by reason of being afflicted with any of the dis- eases or mental or physical defects or disabilities mentioned in section three hereof, or otherwise, or whenever the Secretary of Labor has received infor- mation showing that any aliens are Coming from a country or have embarked at a place where any of said diseases are prevalent or epidemic, the Commis- sioner General of Immigration, with the approval Of the Secretary of Labor, may direct that such aliens shall be detained on board the Vessel bringing them, or in a United States immigration station at the ex- pense of such vessel, as circumstances may require or justify, a sufficient time to enable the immigra- tion officers and medical Officers stationed at Such portS to subject aliens to an observation and examination sufficient to determine whether or not they belong to the said excluded classes by reason of being af- flicted in the manner indicated: Provided, That, with a view to avoid undue delay in landing passengers Or interference with commerce, the Commissioner Gen- eral of Immigration may, With the approval Of the Secretary of Labor, issue such regulations, not in COn- sistent with law, as may be deemed necessary to effect the purposes of this section: Provided further, That it shall be the duty of immigrant inspectors to report to the Commissioner General of Immigration the COn- dition of all vessels bringing aliens to United States ports. (Feb. 5, 1917, c. 29, § 11, 39 Stat. 881.) § 4289%ff. Detail of inspectors and matrons on vessels carrying immigrant or emigrant pas- sengers—The Secretary of Labor is hereby authorized and directed to enter into negotiations, through the Department of State, with countries vessels of which bring aliens to the United States, with a view to de- tailing inspectors and matrons of the United States Immigration Service for duty on vessels carrying im- migrant or emigrant passengers between foreign ports and ports of the United States. When such inspectors and matrons are detailed for said duty they shall re- main in that part of the vessel Where immigrant pas- sengers are carried; and it shall be their duty to Ob- serve such passengers during the Voyage and report to the immigration authorities in charge at the port of landing any information of Value in determining the admissibility of such passengers that may have become known to them during the voyage. (Feb. 5, 1917, c. 29, § 11a, 39 Stat, 882.) § 4289%g. Lists of alien passengers arriving or departing; record of resident aliens and citi- zens leaving for foreign country—Upon the arrival of any alien by water at any port within the Unit- ed States on the North American Continent from a foreign port or a port of the Philippine Islands, Guam, Porto Rico, or Hawaii, or at any port of the said In- sular possessions from any foreign port, from a port in the United States on the North American Con- timent, or from a port of another insular possession of the United States, it shall be the duty Of the mas- ter or commanding Officer, OWners, Or Consignees of the steamer, Sailing, or other Vessel having said alien On board to deliver to the immigration officers at the port of arrival typewritten or printed lists or mani- fests made at the time and place of embarkation of Such alien on board Such steamer or vessel, which shall, in answer to questions at the top Of Said list, # 4289%gg (Tit.29. IMMIGRATION IPage 638] COntain full and accurate information as to each alien as follows: Full name, age, and sex; whether married Or Single; Calling or Occupation; personal description (including height, complexion, color of hair and eyes, and Imarks of identification); whether able to read or write; nationality; country of birth ; race; country of last permanent residence; name and address of the nearest relative in the country from which the alien Came; Seaport for landing in the United States; final destination, if any, beyond the port of landing ; Whether having a ticket through to such final destina- tion ; by whom passage was paid; whether in posses- Sion of $50, and if less, how much ; whether going to join a relative or friend, and, if so, What relative Or friend, and his Or her name and Complete address; Whether ever before in the United States, and if so, when and Where ; whether ever in prison or alms- house Or an institution Or hospital for the care and treatment of the insane; whether ever supported by Charity; Whether a polygamist; whether an anarchist ; Whether a perSOn Who believes in Or advocates the Overthrow by force Or violence Of the Government Of the United States or of all forms of law, or who disbe- lieves in Or is opposed to organized government, or who advocates the assassination of public officials, or Who advocates Or teaches the unlawful destruction of property, Or is a member of or affiliated with any Or- ganization entertaining and teaching disbelief in or Opposition to organized government, or which teaches the unlawful destruction of property, or who advo- Cates Or teaches the duty, necessity, Or propriety Of the unlawful assaulting or killing of any officer. Or Officers, either of specific individuals or Of Officers generally, Of the Government Of the United States Or of any other Organized government because of his or their Official Character; Whether COming by reason of any offer, solicitation, promise, or agreement, ex- press Or implied, to perform labor in the United States ; the alien’s Condition of health, mental and physical; Whether deformed Or Crippled, and if so, for how long and from what cause; whether coming With the intent to return to the COuntry When Ce Such alien Comes after temporarily engaging in laboring pursuits in the United States; and such other items of information as will aid in determining Whether any Such alien belongs to any Of the excluded Classes enu- merated in Section three hereof; and Such master Or Commanding Officer, OWners, Or COInsignees shall also furnish information in relation to the Sex, age, Class of travel, and the foreign port of embarkation of ar- riving passengers who are United States citizens. That it shall further be the duty Of the master Or Com- manding officer of every vessel taking passengers from any port of the United States on the North American Continent to a foreign port or a port Of the Philippine Islands, Guam, Porto Rico, or Hawaii, Or from any port of the said insular possessions to any foreign port, to a port of the United States On the North American Continent, Or to a port of another insular possession of the United States to file with the immi- gration officials before departure a list which shall contain full and accurate information in relation to the following matters regarding all alien passengers, and all Citizens of the United States Or insular pos- Sessions of the United States departing With the stat- ed intent to reside permanently in a foreign Country, taken On board: Name, age, and Sex: Whether mar- ried or single; calling Or occupation; whether able to read or write ; nationality; country of birth; coun- try of which citizen or subject; race; last permanent residence in the United States Or insular possessions thereof; if a citizen of the United States or of the insular possessions thereof, whether native born or Inaturalized; if native born, the place and date of birth, or if naturalized the city or town in which naturalization has been had; intended future per- manent residence; and time and port Of last arrival in the United States, Or insular possessions thereof; and Such master or Commanding officer shall also fur- Inish information in relation to the sex, age, class of travel, and port of debarkation of the United States Citizens departing Who do not intend to reside per- manently in a foreign Country, and no master of any Such vessel shall be granted clearance papers for his VeSSel until he has deposited such list or lists with the immigration Officials at the port of departure and made Oath that they are full and complete as to the name and other information herein required concern- ing each person of the classes specified taken on board his vessel; and any neglect or omission to comply with the requirements of this section shall be punish- able as provided in Section fourteen of this Act: Pro- Vided, That in the case of vessels making regular trips to ports of the United States the Commissioner General of Immigration, with the approval of the Secretary of Labor, may, when expedient, arrange for the delivery of Such lists of outgoing aliens at a later date: Provided further, That it shall be the duty of immigration officials to record the following informa- tion regarding every resident alien and citizen leav- ing the United States by Way of the Canadian Or Mexi- can borders for permanent residence. in a foreign COUntry: Name, age, and sex; whether married or Single ; Calling Or OCCupation; Whether able to read or write; nationality; country of birth; country of Which Citizen or Subject; race; last permanent resi- dence in the United States; intended future per- manent residence; and time and port of last arrival in the United States; and if a United States citizen, whether native born or naturalized. (Feb. 5, 1917, c. 29, § 12, 39 Stat. 882.) - - § 4289%gg. Grouping of alien passengers in lists; identification tickets—All aliens arriving by Water at the ports of the United States shall be listed in Convenient groups, the names of those coming from the Same locality to be assembled So far as practicable, and no One list Or manifest Shall Contain more than thirty names. To each alien Or head of a family shall be given a ticket On Which shall be written his name, a number Or letter designating the list in which his name, and Other items of information required by this Act, are Contained, and his number on said list, for convenience of identification on arrival. Each list Or manifest shall be verified by the signature and the Oath. Or affirmation. Of the master Or Command- ing Officer, Or the first Or second below him in Com- mand, taken before an immigration officer at the port Of arrival, to the effect that he has caused the Sur- geon. Of Said vessel sailing thereWith to make a physi- cal and mental examination of each of said aliens, and that from the report of said Surgeon and from his Own investigation he believes that no one of Said aliens is of any of the Classes excluded from admission into the United States by section three of this Act, and that also a CCording to the best Of his knowledge and belief the information in said lists or manifests con- cerning each of said aliens named therein is correct and true in every respect. That the Surgeon Of Said, VeSSel Sailing thereWith Shall also sign each Of Said listS or manifest and make Oath Or affirmation in like manner before an immigration officer at the port of arrival, stating his professional eXperience and qualifi- cations as a physician and surgeon, and that he has made a personal examination of each of the said aliens named therein, and that the said list or manifest, ac- cording to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical Condition of said aliens. If no surgeon sails with any vessel bringing aliens, the mental and physical examinations and the verifica- tions of the lists or manifests shall be made by some Competent Surgeon employed by the owners of the said vessels, and the manifests shall be verified by such surgeon before a United States consular officer or other Officer authorized to administer Oaths: Pro- vided, That if any changes in the condition of such Ch. A) 3 4289%i IMMIGRATION [Page 639 I aliens occur or develop during the voyage of the ves- sel on which they are traveling, such changes shall be noted: On the manifest before the verification thereof. (Feb. 5, 1917, c. 29, § 13, 39 Stat. 884.) § 4289%h. Refusal or failure to furnish lists of alien passeragers—It shall be unlawful for the master Or Commanding officer of any vessel bringing aliens into or carrying aliens out of the United States to refuse Or fail to deliver to the immigration offi- Cials the accurate and full manifests or statements or information regarding all aliens on board or taken on board Such Wessel required by this Act, and if it shall appear to the Satisfaction of the Secretary of Labor that there has been such a refusal or failure, or that the lists delivered are not accurate and full, such mas- ter or commanding officer shall pay to the collector Of Customs at the port of arrival or departure the Sum of $10 for each alien concerning whom such ac- Curate and full maniſest or statement or information is not furnished, or concerning whom the manifest or Statement or information is not prepared and sworn to as prescribed by this Act. No vessel shall be grant- ed Clearance pending the determination of the ques- tion of the liability to the payment of such fine, or While it remains unpaid, nor shall sučh fine be re- mitted or refunded: Provided, That clearance may be granted prior to the determination of such ques- tion upon the deposit with the collector of customs of a sum sufficient to cover such fine. (Feb. 5, 1917, c. 29, § 14, 39 Stat. 884.) § 42.89%hh. Inspection of alien passengers on arrival; temporary removal for examination —Upon the arrival at a port of the United States of any vessel bringing aliens it shall be the duty of the proper immigration officials to go or to send compe- tent assistants to the vessel and there inspect all such aliens, or said immigration officials may Order a temporary removal Of Such aliens for examination at a designated time and place, but such temporary removal shall not be considered a landing, nor shall it relieve vessels, the transportation lines, masters, agents, owners, or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which, in Case such aliens remain on board, would under the pro- visions of this Act bind the said vessels, transporta- tion lines, masters, agents, owners, or consignees: Provided, That where removal is made to premises owned or Controlled by the United States, said ves- Sels, transportation lines, masters, agents, Owners, OT COnsignces, and each of them, shall, so long as de- tention there lasts, be relieved of responsibility for the safekeeping of such aliens. Whenever a tem- porary removal of aliens is made the vessels or trans- portation lines which brought them and the masters, Owners, agents, and consignees of the vessel upon which they arrive shall pay all expenses of such re- moval and all expenses arising during Subsequent detention, pending decision on the aliens' eligibility to enter the United States and until they are either allowed to land Or returned to the Care of the line or to the vessel which brought them, such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation, excepting only where they arise under the terms of any of the provisos of section eighteen hereof. Any refusal or failure to comply with the provisions here- of shall be punished in the manner specified in section eighteen of this Act. (Feb. 5, 1917, c. 29, § 15, 39 Stat. 885.) § 4289%i. Physical and mental examination of alien passengers; regulations—The physical and mental examination of all arriving aliens shall be made by medical Officers of the United States Public Health Service who shall have had at least two years' ex- perience in the practice of their profession since re- ceiving the degree of doctor of medicine, and who e Shall conduct all medical examinations and shall cer- tify, for the information of the immigration officers and the boards of Special inquiry hereinafter provid- ed for, any and all physical and mental defects or dis- eases observed by Said medical officers in any such alien ; or, should medical officers of the United States Public Health Service be not available, civil surgeons Of not less than four years’ professional experience may be employed in such emergency for such service upon Such terms as may be prescribed by the Commis- Sioner General of Immigration, under the direction or With the approval of the Secretary of Labor. All aliens arriving at ports of the United States shall be examined by not less than two such medical officers at the discretion of the Secretary of Labor, and under Such administrative regulations as he may prescribe and under medical regulations prepared by the Sur- geon General of the United States Public Health Serv- ice. Medical officers of the United States Public Health Service who have had especial training in the diagnosis of insanity and mental defects shall be de- tailed for duty or employed at all ports of entry des- ignated by the Secretary of Labor, and such medical officers shall be provided with suitable facilities for the detention and examination of all arriving aliens in Whom insanity or mental defect is suspected, and the Services of interpreters shall be provided for such examination. Any alien certified for insanity or men- tal defect may appeal to the board of medical officers of the United States Public Eſealth Service, which Shall be convened by the Surgeon General Of the United States Public Health Service, and said alien Imay introduce before such board one expert medical Witness at his own cost and expense. That the in- Spection, other than the physical and mental exami- nation, of aliens, including those seeking admission or readmission to or the privilege of passing through or residing in the United States, and the examination of aliens arrested within the United States under this Act, shall be conducted by immigrant inspectors, ex- Cept as hereinafter provided in regard to boards of Special inquiry. All aliens arriving at ports of the United States shall be examined by at least two immi- grant inspectors at the discretion of the Secretary of Labor and under such regulations as he may prescribe. Tmmigrant inspectors are hereby authorized and empowered to board and search for aliens any vessel, railway car, or any other conveyance, or vehicle in Which they believe aliens are being brought into the United States. Said inspectors shall have power to administer oaths and to take and consider evidence touching the right of any alien to enter, reenter, pass through, or reside in the United States, and, where Such action may be necessary, to make a written rec- Ord of Such evidence ; and any perSOn to whom such an Oath has been administered, under the provisions of this Act, who shall knowingly or willfully give false evidence or swear to any false statement in any Way affecting or in relation to the right of any alien to admission, or readmission to, Or to pass through, Or to reside in the United States Shall be deemed guilty of perjury and be punished as provided by Sec- tion one hundred and twenty-five of the Act approved March fourth, nineteen hundred and nine, entitled “An Act to Codify, revise, and amend the penal laws of the United States.” All aliens coming to the Unit- ed States shall be required to State under Oath the purposes for which they come, the length of time they intend to remain in the United States, whether or not they intend to abide in the United States perma- nently and become citizens thereof, and such other items of information regarding themselves as will aid the immigration officials in determining whether they belong to any Of the excluded Classes enumerat- ed in section three hereof. Any commissioner of im- migration Or inspector in charge shall also have pow- er to require by subpoena the attendance and testi- mony of witnesses before said inspectors and the pro- duction of books, papers, and documents touching the ź 4289%ii (Tit.29 IMMIGRATION right of any alien to enter, reenter, reside in, or pass through the United States, and to that end may in- voke the aid of any court of the United States; and any district court within the jurisdiction of which in Vestigations are being conducted by an immigrant inspector may, in the event of neglect or refusal to respond to a subpoena issued by any commissioner of immigration or inspector in charge or refusal to tes- tify before said immigrant inspector, issue an Order re- Quiring such person to appear before said immigrant inspector, produce books, papers, and documents if de- manded, and testify; and any failure to obey such order of the court may be punished by the court as a COntempt thereof. That any person, including em- ployees, officials, or agents of transportation com- panies, who shall assault, resist, prevent, impede, or in- terfere with any immigration official or employee in the performance of his duty under this Act shall be deemed guilty of a misdemeanor, and on Conviction thereof shall be punished by imprisonment for a term of not more than One year, or by a fine of not more than $2,000, or both ; and any person who shall use any deadly or dangerous weapon in resisting any im- migration official or employee in the performance of his duty shall be deemed guilty of a felony and shall, On conviction thereof, be punished by imprisonment for not more than ten years. Every alien who may not appear to the examining immigrant inspector at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board Of special inquiry. In the event of rejection by the board of Special inquiry, in all cases where an appeal to the Secretary of Labor is permitted by this Act, the alien shall be so inform- ed and shall have the right to be represented by coun- Sel Or other adviser On Such appeal. The decision of an immigrant inspector, if favorable to the admission Of any alien, shall be subject to challenge by any other immigrant inspector, and such challenge shall Oper- ate to take the alien whose right to land is SO chal- lenged before a board of special inquiry for its inves- tigation. (Feb. 5, 1917, c. 29, § 16, 39 Stat. 885.) § 4289%ii. Boards of special inquiry; ap- pointment—Boards of Special inquiry shall be ap- pointed by the commissioner of immigration or in- spector in charge at the various ports of arrival as may be necessary for the prompt determination of all Cases of immigrants detained at such ports under the provi- sions of the law. Each board shall consist of three members, who shall be selected from such of the im- migrant officials in the service as the Commissioner General of Immigration, with the approval of the Sec- retary of Labor, shall from time to time designate as Qualified to serve on such boards. When in the Opin- ion of the Secretary of Labor the maintenance of a permanent board of special inquiry for service at any sea or land border port is not warranted, regularly Constituted boards may be detailed from Other sta- tions for temporary Service at such port, Or, if that be impracticable, the Secretary of Labor shall authorize the creation of boards of Special inquiry by the im- migration officials in charge at Such ports, and shall determine what GOVernment Officials Or Other perSOIns Shall be eligible for Service On Such boards. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land Or shall be deported. All hearings before Such boards shall be separate and apart from the public, but the immigrant may have one friend or relative present under such regulations as may be prescribed by the Secretary of Labor. Such boards shall keep a com- plete permanent record Of their proceedings and Of all such testimony as may be produced before them; and the decisions of any two members of the board shall prevail, but either the alien or any dissenting member of the said board may appeal through the commissioner of immigration at the port of arrival and the Commissioner General of Immigration to the Sec- retary of Labor, and the taking of such appeal shall [Page 640] three of this Act. Operate to stay any action in regard to the final dis- posal of any alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision which shall be ren- dered Solely upon the evidence adduced before the board Of special inquiry. In every case where an alien is excluded from admission into the United States, under any law or treaty now existing or hereafter made, the decision of a board of special inquiry ad- verse to the admission of such alien shall be final, unless reversed on appeal to the Secretary of Labor: Provided, That the decision of a board of special in- Quiry shall be based upon the certificate of the exam- ining medical officer and, except as provided in sec- tion twenty-one hereof, shall be final as to the rejec- tion of aliens affected with tuberculosis in any form Or with a loathsome or dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section (Feb. 5, 1917, c. 29, § 17, 39 Stat. 887.) - § 4289%j. Immediate deportation of aliens Throught in violation of law; cost of maintenance and return—All aliens brought to this country in violation of law shall be immediately sent back, in accommodations of the same class in which they ar- rived, to the country whence they respectively came, on the vessels bringing them, unless in the Opinion of the Secretary of Labor immediate deportation is not practicable or proper. The cost of their mainte- nance while on land, as well as the expense of the re- turn of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came. That it shall be unlawful for any master, purser, per- son in charge, agent, owner, or consignee of any Such vessel to refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens; or to fail to detain them thereon ; or to refuse or fail to return them in the manner aforesaid to the foreign port from which they came ; or to fail to pay the cost of their main- tenance while On land ; Or to make any charge for the return of any such alien, or to take any Security for the payment of Such Charge ; or to take any COn- Sideration to be returned in Case the alien is landed ; Or knowingly to bring to the United States at any time within One year from the date of deportation any alien rejected or arrested and deported under any provision of this Act, unless prior to reembarkation the Secretary of Labor has consented that such alien shall reapply for admission, as required by section three hereof; and if it shall appear to the Satisfac- tion. Of the Secretary of Labor that such master, purs- er, person in charge, agent, OWner, Or Consignee has violated any of the foregoing provisions, or any of the provisions of Section fifteen hereof, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said Sec- tions; and no vessel shall have clearance from any port of the United States while any such fine is un- paid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination. Of Such question upon the deposit with the Collector of Customs Of a Sum sufficient to cover Such fine. If the vessel by which any alien Ordered deported came has left the United States and it is im- practicable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consignee of the Vessel: Provided further, That the Commissioner General of Immigra- tion, with the approval of the Secretary of Labor, may suspend, upon conditions to be prescribed by the Com- missioner General of Immigration, the deportation of Ch. A) 2 4289%k IMMIGRATION [Page 641] any aliens found to have come in violation of any pro- vision of this Act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this Act or other laws of the United States; and the cost of maintenance of any person so detained resulting from such suspension of deporta- tion, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this Act, Or Such alien may be released under bond, in the penalty of not less than $500, with security approv- ed by the Secretary of Ilabor, Conditioned that such alien shall be produced when required as a witness and for deportation. No alien certified, as provided in section sixteen of this Act, to be suffering from tuberculosis in any form, or from a loathsome Or Clangerous contagious disease other than one of Quarantinable nature, shall be permitted to land for medical treatment thereof in any hospital in the Unit- ed States, unless the Secretary of Labor is satisfied that to refuse treatment would be inhumane Or Cause unusual hardship or suffering, in which case the alien shall be treated in the hospital under the supervision Of the immigration officials at the expense of the VeS- sel transporting him: Provided further, That upon the certificate of an examining medical officer to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deporta- tion, such alien may, at the expense of the appro- priation for the enforcement of this Act, be held for treatment until Such time as such alien may, in the Opinion of such medical Officer, be safely deported: Provided further, That upon the certificate of an ex- amining medical Officer to the effect that a rejected alien is helpless from sickness, mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return. Other rejected aliens. (Feb. 5, 1917, c. 29, § 18, 39 Stat. 887.) § 428934.jj. Deportation within certain time of aliens entering or found in United States in violation of law—At any time within five years after entry, any alien who at the time of entry was a mem- ber Of One or more Of the Classes excluded by law ; any alien who shall have entered or who shall be found in the United" States in violation. Of this Act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating Or teaching the unlawful destruction Of property, or advocating Or teaching anarchy, Or the Overthrow by force or violence of the Government Of the United States Or Of all forms Of law." Or the aS- sassination of public officials; any alien who within five years after entry becomes a public charge from Causes not affirmatively shown to have arisen Sub- sequent to landing; except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is hereafter Sen- tenced more than once to such a term of imprison- ment because of conviction in this country of any Crime involving moral turpitude, committed at any time after entry; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages Or is employed by, in, or in connection with any house of prostitution or music or dance hall or COMP.ST.’18–41 Other place of amusement or resort habitually fre- Quented by prostitutes, or where prostitutes gather, Or Who in any way assists any prostitute or protects Or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any Other immoral purpose; any alien who, after being eXcluded and deported or arrested and deported as a prostitute, Or as a procurer, or as having been COmnocted with the business of prostitution or im- portation for prostitution or other immoral purposes in any of the ways hereinbefore specified, shall re- turn to and enter the United States; any alien con- Victed and imprisoned for a violation of any of the provisions of section four hereof; any alien who WaS Convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place Other than one designated as a port of entry for aliens by the Commissioner General of Im- migration, Or at any time not designated by immigra- tion officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: Provided, That the mar riage to an American citizen of a female of the sex. ually immoral classes the exclusion or deportation of Which is prescribed by this Act shall not invest such female With United States citizenship if the marriaga Of Such alien female shall be solemnized after her arrest Or after the Commission of acts which make her liable to deportation under this Act: Provided further, That the provision of this section respect- ing the deportation of aº convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sen- tencing Such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives Of the State, make a recom- mendation to the Secretary of Labor that such alien shall not be deported in pursuance of this Act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment: Pro- vided further, That the provisions of this section, with the exceptions hereinbefore noted, shall be ap- plicable to the Classes of aliens therein mentioned irrespective Of the time of their entry into the United States: Provided further, That the provisions of this Section Shall also apply to the cases of aliens who COme to the mainland Of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the pro- Visions of this section, on the ground that he has entered Or been found in the United States in Viola- tion of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place Specified in such other law. In every case where any person is Ordered deported from the United States under the provisions of this Act, or of any law or treaty, the decision of the Secretary of Labor shall be final. (Feb. 5, 1917, c. 29, § 19, 39 Stat. 889.) § 42.89%k. Ports to which aliens to be de- ported; cost of deportation—The deportation of aliens provided for in this Act shall, at the option of the Secretary of Labor, be to the Country whence they came or to the foreign port at which such aliens em- barked for the United States; Or, if such embarka- tion was for foreign Contiguous territory, to the for- eign port at which they embarked for such territory; or, if such aliens entered foreign contiguous terri- tory from the United States arid later entered the a 4289%kk (Tit. 29 IMMIGRATION IPage 642I - United states, or if such aliens are held by the coun- try from which they entered the United States not to be subjects or citizens of such country, and Such eOuntry refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects Or Citi- zens, or to the country in which they resided prior to entering the country from which they entered the If deportation proceedings are in- stituted at any time within five years after the entry |United States. of the alien, such deportation, including one-half of the entire cost of removal to the port of deporta- tion, shall be at the expense of the COntractor, pro- curer, or other person by whom the alien was un- lawfully induced to enter the United States, Or, if that cannot be done, then the cost of removal to the port of deportation shall be at the expense of the ap- propriation for the enforcement of this Act, and the deportation from such port shall be at the expense of the owner or owners of such vessels or transpor- tation line by which such aliens respectively came, or, if that is not practicable, at the expense of the ap- propriation for the enforcement of this Act. If de- portation proceedings are instituted later than five years after the entry of the alien, or, if the deporta- tion is made by reason of causes arising subsequent to entry, the cost thereof, shall be payable from the appropriation for the enforcement of this." Act. A failure or refusal on the part of the masters, agents, owners, or consignees of vessels to comply With the . order of the Secretary of Labor to take on board, guard safely, and transport to the destination speci- fied any alien ordered to be deported under the provi- sions of this Act shall be punished by the imposition of the penalties prescribed in section eighteen. Of this Act: Provided, That when in the opinion of the Sec- retary of Labor the mental or physical condition of such alien is such as to require personal care and at- tendance, the said Secretary shall when necessary em- ploy a suitable person for that purpose, who shall accompany such alien to his or her final destina- tion, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed. Pend- ing the final disposal of the case of any alien so taken into custody, he may be released under a bond in the penalty of not less than $500 with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required for a hearing Or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States. (Feb. 5, 1917, c. 29, § 20, 39 Stat. 890.) . § 428.9%kk. Admission of aliens liable to be excluded on giving bond or cash deposit—Any alien liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis in any form Or a loathSOme Or dan- gerous contagious disease may, if OtherWise admis- sible, nevertheless be admitted in the discretion of the Secretary of Labor upon the giving of a suitable and proper bond Or undertaking, approved by said Sec- retary, in, such amount and containing such conditions as he may prescribe, to the United States and to all States, Territories, counties, towns, municipalities, and districts thereof, holding the United States and all States, Territories, counties, towns, municipali- ties, and districts thereof harmless against such alien becoming a public charge. In lieu of such bond, such alien may deposit in cash with the Secretary of Labor Such amount as the Secretary Of Labor may require, which amount shall be deposited by said Sec- retary in the United States Postal Savings Bank, a receipt therefor to be given the person furnishing said sum, showing the fact and object of its receipt and such other information as said Secretary may deem advisable. All accruing interest On Said deposit during the time shall be held in the United States Postal Savings Bank shall be paid to the person fur- nishing the sum for deposit. In the event of such alien becoming a public charge, the Secretary of Labor Shall dispose of said deposit in the same manner as if Same had been Collected under a bond as provided in this Section. In the event of the permanent departure from the United States, the naturalization, or the death Of Such alien, the said Sum shall be returned to the person by whom furnished, or to his legal rep- resentatives. The admission of such alien shall be a consideration for the giving of such bond, under- taking, or cash deposit. Suit may be brought thereon in the name and by the proper law officers either of the United States Government or of any State, Territory, District, county, town, or municipality in which such alien becomes a public charge. (Feb. 5, 1917, c. 29, § 21, 39 Stat. 891.) - § 4289%l. Temporary detention, and admis- sion or deportation, in case of contagious dis- order, of wife or minor child of naturalized alien or resident alien—Whenever an alien shall have been naturalized or shall have taken up his per- manent residence in this country, and thereafter shall send for his wife or minor children to join him, and said wife or any of said minor children shall be found to be affected with any contagious disorder, such wife or minor children shall be held, under Such reg- ulations as the Secretary of Labor shall prescribe, un- til it shall be determined whether the disorder will be easily curable. Or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained; and if it shall be determined that the disorder is easily curable and the husband Or father or other responsible person is willing to bear the expense of the treatment, they may be accorded treatment in hospital until cured and then be ad- mitted, or if it shall be determined that they can be permitted to land without danger to other perSOnS, they may, if otherwise admissible, thereupon be ad- mitted: Provided, That if the person sending for wife or minor Children is naturalized, a Wife to whom married Or a minor child born Subsequent to Such husband or father’s naturalization shall be admitted without detention for treatment in hospital, and With respect to a wife to whom married or a minor child born prior to such husband or father’s naturalization the provisions of this section shall be observed, even though such person is unable to pay the expense Of treatment, in which case the expense shall be paid from the appropriation for the enforcement of this Act. (Feb. 5, 1917, c. 29, § 22, 39 Stat. 891.) § 4289%ll. Landing stations for alien passem-º. gers transported from Canada or Mexico—NO per- son, company, or transportation line engaged in Car- rying alien passengers for hire from Canada or Mexico to the United States, whether by land or water, shall be allowed to land any such passengers in the United States without providing suitable and approved land- ing stations, conveniently located, at the point Or points of entry. The Commissioner General of Immi- gration is hereby authorized and empowered to pre- SCribe the COnditions, not inconsistent With law, un- der which the above-mentioned landing stations shall be deemed suitable within the meaning of this section. Any person, company, or transportation line landing an alien passenger in the United States without Com- pliance With the requirement herein set forth shall be deemed to have violated Section eight Of this Act, and upon conviction shall be subject to the penalty therein prescribed. (Feb. 5, 1917, c. 29, § 23, 39 Stat. 892.) § 4289%m. Interior immigrant stations—For the purpose of making effective the provisions of this Section relating to the protection Of aliens from fraud and loss, and also the provisions of section thirty of this Act, relating to the distribution of aliens, the Secretary Of Labor Shall establish and maintain im- migrant Stations at Such interior places as may be necessary, and, in the discretion of the said Secre- tary, aliens in transit from ports of landing to such in- Ch. A) 3 4289%pp IMMIGRATION [Page 643] terior stations shall be accompanied by immigrant in- spectors. (Feb. 5, 1917, c. 29, § 23, 39 Stat. 892.) § 4289%mm. Discrimination in rules and con- tracts for entry and inspection of aliens–In pre- Scribing rules and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory, due care shall be exercised to avoid any discriminatory action in favor of foreign transportation companies transport- ing to such territory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection Or examination under such rules, and contracts at the ports Of Such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this Act which would apply were they bringing such aliens directly to seaports of the United States, and, from and after the taking effect Of this Act, no alien applying for admission from foreign Contiguous territory shall be permitted to en- ter the United States unless upon proving that he was brought to such territory by a transportation com- pany Which had submitted to and complied with all the requirements of this Act, or that he entered, or has resided in, such territory more than two years prior to the date of his application for admission to § United States. (Feb. 5, 1917, c. 29, § 23, 39 Stat. –893.)- - - ------- -- - - - - § 4289%m. Aiding or assisting certain aliens to enter—Any person who knowingly aids or assists any anarchist or any person who believes in or advocates the overthrow by force or violence of the Govern- ment of the United States, or Who disbelieves in or is Opposed to organized government, Or all forms of law, Or who advocates the assassination of public officials, or who is a member of or affiliated with any Organization entertaining or teaching disbelief in or Opposition to organized government, or who advocates Or teaches the duty, necessity, or propriety of the un- lawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, Of the Government of the United States or of any oth- er Organized government, because of his Or their Offi- cial character, to enter the United States, or who Connives or Conspires with any person or persons to allow, procure, or permit any such anarchist or person aforesaid to enter therein, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both. Any person Who knowingly aids or assists any alien Who advocates or teaches the unlawful destruction of property to enter the United States shall be deemed guilty Of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Feb. 5, 1917, c. 29, § 28, 39 Stat. 894.) § 4289%mn. International conference for reg- ulation of immigration of aliens; special com- missioners—The President of the United States is au- thorized, in the name of the Government of the Unit- ed States, to call, in his discretion, an international Conference, to assemble at Such point as may be agreed upon, or to send special Commissioners to any foreign country, for the purpose of regulating by international agreement, subject to the advice and consent of the Senate Of the United States, the immigration of aliens to the United States; of providing for the mental, moral, and physical examination of such aliens by American consuls or other Officers of the United States Government at the ports of embarkation, or else- where; Of Securing the assistance of foreign Govern- ments in their Own territories to prevent the evasion OL the laws of the United States governing immigra- tion to the United States; Of entering into such inter- national agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters per- taining to Such immigration. (Feb. 5, 1917, c. 29, § 29, 39 Stat. 894.) § 4289%0. Immigration officers; duties—The duties of Commissioners of immigration and other im- migration Officials in charge of districts, ports, or stations shall be of an administrative character, to be prescribed in detail by regulations prepared under the direction or with the approval of the Secretary of Labor. (Feb. 5, 1917, c. 29, § 23, 39 Stat. 892.) § 4289%00. Same; appointment; compensa- tion—Immigrant inspectors and other immigration of- ficers, clerks, and employés shall hereafter be ap- pointed and their Compensation fixed and raised or decreased from time to time by the Secretary of La- bor, upon the recommendation of the Commissioner General of Immigration and in accordance with the Drovisions of the civil-service Act of January six- teenth, eighteenth hundred and eighty-three: Pro- Vided, That said Secretary, in the enforcement of that portion of this Act which excludes contract laborers and induced and assisted immigrants, may employ, for Such purposes and for detail upon additional Service under this Act when not so engaged, without reference to the provisions of the said civil-service Act, or to the Various Acts relative to the compilation of the Official Register, such persons as he may deem ad- —Visable—and from time–to–time fix, -raise, or— decrease - their compensation. He may draw annually from the appropriation for the enforcement of this Act $100,- 000, or as much thereof as may be necessary, to be expended for the salaries and expenses of persons so employed and for expenses incident to such employ- ment; and the accounting officers of the Treasury Shall pass to the Credit of the proper disbursing offi- Cer eXpenditures from said sum without itemized ac- Count Whenever the Secretary of Labor certifies that an itemized account would not be for the best inter- ests of the Government: Provided further, That noth- ing herein contained shall be construed to alter the mode of appointing commissioners of immigration at the several ports of the United States as provided by the Sundry civil appropriation Act approved August eighteenth, eighteen hundred and ninety-four, or the Official status of such commissioners heretofore ap- pointed. (Feb. 5, 1917, c. 29, § 24, 39 Stat. 893.) § 4289%p. Jurisdiction of district courts; du- ties of district attorneys—The district Courts of the United States are hereby invested with full juris- diction of all causes, civil and criminal, arising under any of the provisions of this Act. That it shall be the duty of the United States district attorney of the proper district to prosecute every such suit when brought by the United States under this Act. Such prosecutions or suits may be instituted at any place in the United States at which the violation may oc- Cur Or at which the person charged with Such viola- tion may be found. That no suit or proceeding for a Violation Of the provisions Of this Act shall be set- tled, compromised, or discontinued without the Con- Sent of the court in which it is pending, entered of record, with the reasons therefor. (Feb. 5, 1917, c. 29, § 25, 39 Stat. 893.) Q * § 4289%pp. Disposal of privileges at stations; sale of liquors—All exclusive privileges of exchang- ing money, transporting passengers or baggage, or keeping eating houses, and all other like privileges in connection with any United States immigrant staş tion, shall be disposed of to the lowest responsible and capable bidder, after public competition, notice of such Competitive bidding having been made in two news- papers of general circulation for a period of two weeks, subject to Such conditions and limitations as the Commissioner General of Immigration, under the direction or with the approval of the Secretary of Labor, may prescribe, and all receipts accruing from the disposal of privileges shall be paid into the Treas, ury of the United States. No such contract shall be awarded to an alien. No intoxicating liquors shall b2. # 4289%q - - IMMIGRATION (Tit. 29 [Page 6441 Sold at any such immigration station. (Feb. 5, 1917, c. 29, § 26, 39 Stat. 894.) º . § 42.89%g. Local jurisdiction over stations— For the preservation of the peace and in order that arrests may be made for crimes under the laws of the States and Territories of the United States where the Various immigrant stations are located, the officers in Charge of such stations, as occasion may require, Shall admit therein the proper State and municipal Officers charged with the enforcement of such laws, and for the purpose of this section the jurisdiction of Such officers and of the local courts shall extend over such stations. (Feb. 5, 1917, c. 29, § 27, 39 Stat. 894.) § 4289%qq. Signing alien on ship’s articles with intent to permit landing in violation of laws—Any person, including the owner, agent, con- signee, or master of any vessel arriving in the United States from any foreign port or place, who shall know- ingly sign. On the ship's articles, or bring to the United States as one of the crew of such vessel, any alien, With intent to permit such alien to land in the United States in violation of the laws and treaties of the United States regulating the immigration of aliens, or Who shall falsely and knowingly represent to the im- migration authorities at the port of arrival that any Such alien is a bona fide member of the crew, shall be liable to a penalty not exceeding $5,000, for which Sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any district Court of the United States having jurisdiction of the offense. (Feb. 5, 1917, c. 29, § 31, 39 Stat. 895.) § 4289%r. Landing of excluded aliens exaploy- ed on vessels—NO alien excluded from admission in- to the United States by any law, Convention, or treaty Of the United States regulating the immigration of aliens, and employed on board any vessel arriving in the United States from any foreign port or place, shall be permitted to land in the United States, except tem- porarily for medical treatment, or pursuant to regula- tions prescribed by the Secretary of Labor provid- ing for the ultimate removal or deportation of such alien from the United States, and the negligent failure of the owner, agent, consignee, or master of Such ves- sel to detain on board any such alien after notice in writing by the immigration officer in charge at the port of arrival, and to deport such alien, if required by such immigration officer or by the Secretary of La- bor, shall render such owner, agent, consignee, or master liable to a penalty not exceeding $1,000, for which sum the Said vessel shall be liable, and may be seized and proceeded against by Way of libel in any district Court of the United States having jurisdiction of the offense. (Feb. 5, 1917, c. 29, § 32, 39 Stat. 895.) § 4289%rr. Paying off or discharging excluded aliens employed on vessels; landing to allow re- shipping—It shall be unlawful and be deemed a Vio- lation of the preceding section to pay off or discharge any alien employed on board any vessel arriving in the United States from any foreign port Or place, un- less duly admitted pursuant to the laws and treaties of the United States regulating the immigration of aliens: Provided, That in case any such alien intends to reship on board any other vessel bound to any for- eign port or place, he shall be allowed to land for the purpose of so reshipping, under Such regulations as the Secretary of Labor may prescribe to prevent aliens not admissible under any law, COn Vention, Or treaty from remaining permanently in the United States, and may be paid off, discharged, and permitted to remove His effects, anything in such laws or treaties or in this Act to the contrary notwithstanding, provided due notice of such proposed action be given by the master or the seaman himself to the principal immigration officer in charge at the port of arrival. (Feb. 5, 1917, c. 29, § 33, 39 Stat. 896.) § 4289%s. Deportation of alien seamen land- ing contrary to law-Any alien seaman who shall land in a port of the United States contrary to the provisions of this Act shall be deemed to be unlawful- ly in the United States, and shall, at any time within three years thereafter, upon the Warrant of the Secre- tary of Labor, be taken into custody and brought be- fore a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deport- ed at the expense of the appropriation for this Act as provided in section twenty of this Act. (Feb. 5, 1917, c. 29, § 34, 39 Stat. 896.) § 4289%ss. Employment on passenger vessels of aliens afflicted with idiocy, etc.—It shall be un- lawful for any vessel carrying passengers between a port of the United States and a port of a foreign Country, upon arrival in the United States, to have On board employed thereon any alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease, if it appears to the satisfaction of the Secretary of Labor, from an examination made by a medical Officer of the United States Public Health Service, and is so certified by such officer, that any. Such alien was so afflicted at the time he was shipped or engaged and taken. On board such vessel and that the existence of such af- fliction might have been detected by means of a com- petent medical examination at such time; and for every such alien so afflicted on board any such ves- sel at the time of arrival the owner, agent, Consignee, or master thereof shall pay to the Collector of Customs of the customs district in which the port of arrival is located the sum of $50, and pending departure of the vessel the alien shall be detained and treated in hospital under supervision of immigration officials at the expense of the vessel; and no vessel shall be granted clearance pending the determination of the question of the liability to the payment of Such fine and while it remains unpaid: Provided, That clear- ance may be granted prior to the determination of Such question upon the deposit of a sum sufficient to Cover such fine: Provided further, That such fine may, in the discretion of the Secretary of Labor, be miti- gated or remitted. (Feb. 5, 1917, c. 29, § 35, 39 Stat. 896.) * § 4289%t. Lists of aliens employed on vessels arriving from foreign ports; reports of aliens il- legally landed—Upon arrival of any vessel in the United States from any foreign port or place it shall be the duty of the owner, agent, consignee, or master thereof to deliver to the principal immigration officer in charge of the port of arrival lists Gontaining the names of all aliens employed on such vessel, stating the positions they respectively hold in the ship's com- pany, when and where they were respectively shipped Or engaged, and Specifying those to be paid off and discharged in the port of arrival; Or lists Containing SO much of Such information as the Secretary of La- bor shall by regulation prescribe ; and after the ar- rival of any such vessel it shall be the duty of such Owner, agent, consignee, or master to report to Such immigration officer, in writing, as soon as discovered, all cases in which any such alien has illegally landed from the Vessel, giving a description of such alien, together with any information likely to lead to his apprehension ; and before the departure of any such vessel it shall be the duty of Such owner, agent, con- signee, or master to deliver to such immigration officer a further list containing the names of all alien em- ployees who were not employed thereon at the time of the arrival but who will leave port thereon at the time of her departure, and also the names of those, if any, who have been paid off and discharged, and Of those, if any, who have deserted Or landed ; and in case of the failure of such owner, agent, consignee, or master so to deliver either of the said lists of such aliens arriving and departing, respectively, or so to report such cases of desertion or landing, such owner, agent, consignee, or master shall, if required by the Secretary of Labor, pay to the collector of customs of the customs district in which the port of arrival is located the sum of $10 for each alien concerning whom Ch. B) IMMIGRATION 3 4291 [Page 645] correct lists are not delivered or a true report is not | Sec. 4294. Altering name in or forging certificate, or false per- made as above required ; and no Such Vessel shall be granted clearance pending the determination of the Question of the liability to the payment of such fine, and, in the event such fine is imposed, while it remains unpaid ; nor shall Such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such question upon deposit of a sum sufficient to cover such fine. (Feb. 5, 1917, c. 29, § 36, 39 Stat. 896.) & - § 4289%tt. Definitions—The word “person” as used in this Act shall be construed to import both plural and the singular, as the Case may be, and shall include Corporations, Companies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any director, Officer, agent, or employee of any corporation, com- pany, or association acting within the scope of his employment or office shall in every case be deemed to be the act, omission, or failure of such corporation, Company, or association, as well as that of the person acting for or in behalf of such corporation, company, or association. (Feb. 5, 1917, c. 29, § 37, 39 Stat. 897.) § 4289%u. Time of taking effect of act; re- peal—This Act, except as otherwise provided in Sec- tion three, shall take effect and be enforced. On and after May first, nineteen hundred and seventeen. The Act of March twenty-sixth, nineteen hundred and ten, amending the Act of February twentieth, nine- teen hundred and seven, to regulate the immigration of aliens into the United States; the Act of February tWentieth, nineteen hundred and seven, to regulate the immigration of aliens into the United States, except Section thirty-four thereof; the Act of March third, nineteen hundred and three, to regulate the immigra- tion of aliens into the United States, except section thirty-four thereof; and all other Acts and parts of,” Acts inconsistent with this Act are hereby repealed on and after the taking effect of this Act: Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or eXclusion of Chinese persons or persons of Chinese de- SCent, except as provided in section nineteen hereof, nor to repeal, alter, or amend section six, chapter four hundred and fifty-three, third session Fifty-eighth Congress, approved February sixth, nineteen hundred and five, nor to repeal, alter, or amend the Act ap- proved August second, eighteen hundred and eighty- two, entitled “An Act to regulate the carriage of pas- Sengers by sea,” and améndments thereto, except as provided in section eleven hereof: Provided further, That nothing contained in this Act shall be construed to affect any prosecution, suit, action, or proceedings brought, or any act, thing, or matter, civil or criminal, dOne or existing at the time of the taking effect of this Act, except as mentioned in the third proviso of Section nineteen hereof; but as to all such prosecu- tions, Suits, actions, proceedings, acts, things, or mat- ters, the laws or parts of laws repealed or amended by this Act are hereby continued in force and effect. (Feb. 5, 1917, c. 29, § 38, 39 Stat. 897.) This act was not approved by the President, and was passed over his veto on Feb. 5, 1917. The acts expressly repealed by this act are as follows: Act March 3, 1903, c. 1012, 32 Stat. 1213 (except $ 34) Act Feb. 20, 1907, c. 1134, 34, Stat. , 898 (except $ 34); and Act March 26, 1910, c. 128, 36 Stat. 263. Other acts superseded by this act by the inclusion of the provisions thereof therein are as fol. lows: A provision of Act Oct. 19, 1888, c. 1210, § 1, 25 Stat. 566, as amended by Res. April 28, 1904, No. 34, 33 Stat. 591; Act April 29, 1902, c. 641, § 3, 32 Stat. 177, as amended by Res. April 28, 1904, No. 34, 33 Stat. 591; a provision of Act March 4, 1909, c. 299, § 1, 35 Stat. 969; Act March 4, 1909, c. 305, 35 Stat. 1060; Act Feb. 25, 1913, c. 73, § 1, 37 Stat. 682; and a provision of Act Oct. 22, 1913, c. 32, 38 Stat. 226. Chapter B–Exclusion of Chinese Sec. 4290. Coming of Chinese laborers to United States suspended. 4291. Masters of vessels landing Chinese laborers. 4292. Exemptions from application of §§ 4290,4291. 4293. Chinese other than laborers; certificates of identity. | Sonation of person named therein. Lists of Chinese passengers by masters of vessels ar- riving from foreign ports. 4296. Same; comparison with certificates. 4297. Forfeitures of Vessels. 4298. Bringing or landing Chinese laborers not entitled to eIlter. 4299. Chinese not to enter by land without certificate; de- portation. Persons exempted from application of act. Persons to whom act is applicable; “Chinese laborers” defined. Violations of act punishable. Return of Chinese laborers after departure, unlawful. Certificates of identity. Duties, liabilities, penalties, and forfeitures under pre- vious act extended. * 4306. *. of Chinese laborers after departure not per- mitted. - 4307. Same; conditions under which they may return. 4308. Same ; identification of laborers; certificates. 4309. Same; regulations. 4310. Same; landing Chinese in contravention of act. 4311. Same; masters of vessels in distress excepted from Š 4310. 4312. Same; altering name in or forging certificate, or false personation. 4313. Same; arrest and removal of Chinese unlawfully in United States. 4314. Same; diplomatic and consular officers excepted. 4315. Laws prohibiting coming of Chinese continued. Removal of Chinese not entitled to be or remain in - - - United—States. Arrested person to prove right to remain. Chinese unlawfully in United States punishable. Habeas corpus by Chinese denied landing; bail. Certificates of residence; arrest and deportation of la- borers Without. 4321. Regulations for execution of act. 4322. Altering name in or forging certificate, or false per- Sonation. 4323. Compensation to officers for services. 4324. “Laborer” and “merchant” defined; proof for entrance of merchant. 4325. Finality of decisions of immigration officers. 4326. Coming of Chinese laborers to United States prohibited. 4327. Same; application of preceding article. . 4328. Classes of Chinese permitted to enter; transit of la- borers. 4329. Protection of Chinese in United States. 4330. Registration of Chinese laborers in United States, and citizens of United States in China. 4331. Time convention to remain in force. 4332. Commissioner for hearing on arrest of Chinese persons. 4333. Same; fees. 4334. Warrants of , arrest. 4335. Exclusion of Chinese from Hawaii; entry into United States from Hawaii. 4336. Certificates of residence for Chinese in Hawaii at time of annexation. 4337. Laws re-enacted, extended, and cofitinued, and made applicable to island territory. 4338. Regulations for execution of acts and treaty. 4339. Certificates of residence in insular territory; regulations for Philippines. 4340. Bertillon system of identification. 4341. Deportation officer. § 4290. Coming of Chinese laborers to Unit- ed States suspended—That from and after the pas- Sage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chi- nese laborers to the United States be, and the same is hereby, Suspended, and during Such Suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States. (May 6, 1882, c. 126, § 1, 22 Stat. 58, amended, July 5, 1884, c. 220, 23 Stat. 115.) § 4291. Masters of vessels landing Chinese laborers—The master Of any Vessel Who Shall know- ingly bring within the United States on such vessel, and land, or attempt to land, Or permit to be landed any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on con- viction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer So brought, and may also be imprison- ed for a term not exceeding one year. (May 6, 1882, C. 126, § 2, 22 Stat. 59, amended, July 5, 1884, c. 220, 23 Stat. 115.) See §§ 4305, 4310. 3 4292 (Tit. 29 IMMIGRATION IPage 6461 § 4292. Exemptions from application of §§ 4290, 4291—The two foregoing sections shall not apply to Chinese laborers who were in the United States On the seventeenth day of November, eighteen hundred and eighty, or who shall have Come into the Same before the expiration of ninety days next after the passage Of the act to which this act is amenda- tory, nor shall said sections apply to Chinese laborers, who shall produce to such master before going On board such vessel, and shall produce to the Collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act re- Quired of his being One of the laborers in this section mentioned; nor shall the two foregoing Sections apply to the case of any master Whose Vessel, being bound to a port not within the United States, shall come with- in the jurisdiction of the United States by reason of being in distress Or in stress Of Weather, Or touch- ing at any port of the United States on its voyage to any foreign port or place: Provided: That all Chinese laborers brought on Such vessel shall not be permit- ted to land except in case of absolute necessity, and must depart with the vessel on leaving port. (May 6, 1882, c. 126, § 3, 22 Stat. 59, amended, July 5, 1884, C. 220, 23 Stat. 115.) See §§ 4303, 4327, 4337. § 4293. Chinese other than laborers; certifi- cates of identity—In order to the faithful eXecution of the provisions of this act, every Chinese person, other than a laborer, who may be entitled by Said treaty or this act to come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as SO entitled by the Chinese Government, or of Such other foreign Government of which at the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Government, Which certificate shall be in the English language, and Shall show such permission, with the name Of the permit- ted person in his or her proper signature, and Which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and Where and how long pursued, and place of residence of the per- son to whom the certificate is issued, and that Such person is entitled by this act to come Within the |Unit- ed States. If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, state the nature, character, and estimated value of the business Carried on by him prior to and at the time of his application as afore- said: Provided, That nothing in this act nor in Said treaty shall be construed as embracing Within the meaning of the word “merchant,” hucksters, peddlers, or those engaged in taking, drying, or otherWise pre- serving shell or other fish for home consumption or exportation. If the certificate be sought for the pur- pose of travel for curiosity, it shall also state Wheth- er the applicant intends to pass through Or travel within the United States, together with his financial standing in the country from which such certificate is desired. The certificate provided for in this act, and the identity of the person named therein Shall, before such person goes on board any Vessel to pro- ceed to the United States, be vised by the indorse- ment of the diplomatic representatives Of the United States in the foreign country from which said Certifi- cate issues, or of the consular representative Of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative Or Consular rep- resentative whose indorsement is SO required is here- by empowered, and it shall be his duty, before indors- ing such certificate as aforesaid, to examine into the truth of the statements Set forth in said certifi- Cate, and if he shall find upon examination that said or any of the statements therein contained are un- true it shall be his duty to refuse to indorse the same. Such certificate vised as aforesaid shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States When- ever lawfully demanded, and shall be the sole evi- Cience permissible On the part of the person SO pro- ducing the same to establish a right of entry into the United States; but said Certificate may be contro- verted and the facts therein stated disproved by the United States authorities. (May 6, 1882, c. 126, § 6, 22 Stat. 60, amended, July 5, 1884, c. 220, 23 Stat. 116.) § 4294. Altering name in or forging certifi- cate, or false personation of person named there- in—Any person who shall knowingly and falsely alter Or substitute any name for the name Written in Such Certificate or forge any such Certificate, Or knowing- ly utter any forged or fraudulent certificate, or false- ly personate any person named in any such Certifi- Cate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding One thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. (May 6, 1882, c. 126, § 7, 22 Stat. 60.) See §§ 4322, 4337. - § 4295. Lists of Chinese passengers by mas- ters of vessels arriving from foreign ports—The master of any vessel arriving in the United States from any foreign port Or place Shall, at the same time he delivers a manifest of the Cargo, and if there be no cargo, then at the time of making a report Of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and be- fore landing, or permitting to land, any Chinese pas- sengers, deliver and report to the Collector of Customs Of the district, in which Such vessels shall have ar- rived a separate list of all Chinese passengers taken on board his vessel at any foreign port Or place, and all such passengers on board the vessel at that time, such list shall show the names Of Such passengers (and if accredited Officers Of the Chinese Or of any Other foreign Government, traveling on the business Of that Government, or their servants, with a note Of Such facts), and the names and other particulars as ShoWn by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the Cargo. Any refusal or willful neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver a manifest of the Car- go. (May 6, 1882, c. 126, § 8, 22 Stat. 60, amended, July 5, 1884, c. 220, 23 Stat. 117.) - § 4296. Same; comparison with certificates— Before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall pro- ceed to examine such passengers, COmparing the Cer- tificates with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law. (May 6, 1882, c. 126, § 9, 22 Stat. 60.) See §§ 4303-4305. § 4297. Forfeitures of vessels—Every vessel whose master shall knowingly violate any of the pro- visions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and Con- demnation in any district Of the United States into which such vessel may enter or in which she may be found. (May 6, 1882, c. 126, § 10, 22 Stat. 61, amend- ed, July 5, 1884, c. 220, 23 Stat. 115.) Application of this section extended by § 4305. § 4298. Bringing or landing Chinese laborers not entitled to enter—Any person who shall know- ingly bring into Or Cause to be brought into the United States by land, or who shall aid or abet the same, Or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled ſ]h. B) 2 4308 IMMIGRATION - to enter the United States, shall be deemed guilty of a misdemeanor, and shall. On Conviction thereof, be fined In a Sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year. (May 6, 1882, c. 126, § 11, 22 Stat. 61, amended, July 5, 1884, c. 220, 23 Stat. 117.) Application of this section extended by § 4305. § 4299. Chinese not to enter by land without certificate; deportation—No Chinese person shall be permitted to enter the United States by land With- out producing to the proper officer of customs the Cer- tificate in this act required of Chinese persons seek- ing to land from a vessel. And any Chinese person found unlawfully within the United States shall be Caused to be removed therefrom to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, Or COm- missioner of a court of the United States and found to be one not lawfully entitled to be or to remain in the United States; and in all Such cases the perSOn Who brought or aided in bringing such perSOn to the |United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace Of- ficers of the Several States and Territories Of the |United States are hereby invested with the same au- thority as a marshal-or-United-States marshal—in ref- erence to carrying out the provisions of this act or the act of which this is amendatory, as a marshal Or deputy marshal Of the United States, and shall be entitled to like compensation to be audited and paid by the same Officers. And the United States shall pay all COsts and Charges for the maintenance and return Of any Chinese person having the certificate prescrib- ed by law as entitling such Chinese person to come into the United States who may not have been permit- ted to land from any vessel by reason of any of the provisions of this act. (May 6, 1882, c. 126, § 12, 22 Stat. 61, amended, July 5, 1884, c. 220, 23 Stat. 117.) Application of this section extended by § 4305. § 4300. Persons exempted from application of act—This act shall not apply to diplomatic and other officers of the Chinese or other Governments travel- ing upon the business of that Government, whose Credentials shall be taken as equivalent to the Cer- tificate in this act mentioned, and shall exempt them and their body and household Servants from the provisions of this act as to other Chinese per- sons. (May 6, 1882, c. 126, § 13, 22 Stat. 61, amend- ed, July 5, 1884, c. 220, 23 Stat. 118.) § 4301. Persons to whom act is applicable; “Chinese laborers” defined—The provisions of this act shall apply to all subjects of China and Chinese, whether Subjects of China Or any other foreign pow- er; and the words Chinese laborers, wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. (May 6, 1882, c. 126, § 15, 22 Stat. 61, amended, July 5, 1884, c. 220, 23 Stat. 118.) § 4302. Violations of act punishable—Any vio- lation of any of the provisions of this act, or Of the act of which this is amendatory, the punishment Of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punishable by a fine not exceeding one thousand dollars, or by im- prisonment for not more than one year, or both such fine and imprisonment. (May 6, 1882, C. 126, 22 Stat. 58, amended, July 5, 1884, c. 220, 23 Stat. 118.) § 4303. Return of Chinese laborers after de- parture, unlawful—From and after the passage Of this act, it shall be unlawful for any Chinese laborer who shall at any time heretofore have been, Or Who may now or hereafter be, a resident within the United States, and who shall have departed, or shall depart, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States. (Oct. 1, 1888, c. 1064, § 1, 25 Stat. 504.) See §§ 4306, 4337, and notes. [Page 6471 - tained liability. $4304. Certificates of identity—No certificates Of identity provided for in the fourth and fifth seC- tions Of the act to which this is a supplement shall hereafter be issued ; and every certificate heretofore issued in pursuance thereof, is hereby declared void and Of no effect, and the chinese laborer claiming ad- mission by virtue thereof shall not be permitted to enter the United States. (Oct. 1, 1888, c. 1064, § 2, 25 Stat. 504.) This section superseded Act May 6, 1882, c. 126, §§ 4, 5, as amended by Act July 5, 1884, c. 220, until the pro- visions of this act were suspended by the Convention with China, dated December 7, 1894 (§§ 4326-4331). § 4305. Duties, liabilities, penalities, and for- feitures under previous act extended—All the duties prescribed, liabilities penalties and forfeitures imposed, and the powers conferred by the Second, tenth, eleventh, and twelfth, Sections Of the act to which this is a supplement are hereby extended and made applicable to the provisions of this act. (Oct. 1, 1888, c. 1064, § 3, 25 Stat. 504.) Act May 6, 1882, c. 126, §§ 2, 10–12, are $$ 4291, 4297-4299. At the time of the passage of this act, said Act May 6, 1882, c. 126, and Act July 5, 1884, c. 220, had been en- tirely repealed, and other provisions enacted, the repeal to take effect on the ratification of a treaty then pending, by Act Sept. 13, 1888, c. 1015, § 15, 25 Stat. 479. See § 4306 and note. § 4306. Return of Chinese laborers after de- parture not permitted—From and after the pas- sage of this act, no Chinese laborer in the United States shall be permitted, after having left, to re- turn thereto, except under the conditions stated in the following sections. (Sept. 13, 1888, c. 1015, § 5, 25 Stat. 477.) This act was to become effective from and after the rati- fication of a treaty with China, which was never ratified; but $$ 5-11, 13, of this act, were expressly re-enacted by § 4337 (q. V.). - § 4307. Same; conditions under which they may return—No Chinese laborer within the purview of the preceding section shall be permitted to return to the United States unless he has a lawful Wife, child, or parent in the United States, Or property therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. The marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation. Of the parties as man and Wife. If the right to return be claimed on the ground of property or of debts, it must appear that the prop- erty is bona fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and unsettled, and not promissory notes or other similar acknowledgments Of aSCer- (Sept. 13, 1888, c. 1015, § 6, 25 Stat. 477.) § 4308. Same; identification of laborers; certificates—A Chinese person Claiming the right to be permitted to leave the United States and return thereto. On any Of the grounds Stated in the foregoing Section, shall apply to the collector of customs of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make On Oath before the Said CollectOr a full State- ment descriptive of his family, or property, Or debts, as the Case may be, and shall furnish to said Col- lector Such proofs of the facts entitling him to re- turn as shall be required by the rules and regula- tions prescribed from time to time by the Secretary of the Treasury, and for any false swearing in re- lation thereto he shall incur the penalties of perjury. He shall also permit the Collector to take a full de- scription of his person, which description the col- lector shall retain and mark with a number. And if the collector, after hearing the proofs and investigat- ing all the Circumstances of the case, shall decide to issue a certificate of return, he shall at Such time, and place as he may designate, sign and give to the person applying a Certificate Containing the number *, 3 4309 (Tib. 29 IMMIGRATION IPage 648] of the description last aforesaid, which shall be the sole evidence given to such person of his right to re- turn. If this last named Certificate be transferred, it shall become void, and the person to whom it Was given shall forfeit his right to return to the United States. The right to return under the said certificate Shall be limited to one year; but it may be extended for an additional period, not to exceed a year, in cases where, by reason. Of sickness or other cause of disability beyond his Control, the holder thereof shall be rendered unable sooner to return, which facts sha.II be fully reported to and investigated by the consular representative of the United States at the port or place from which such laborer departs for the United States, and certified by such representative of the United States to the Satisfaction. Of the Collector Of customs at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said representative to the master Of the vessel on which he departs for the United States. And no Chinese laborer shall be permitted to reenter the United States without producing to the proper officer of the customs at the port of such entry the return Certificate herein required. A Chinese laborer possessing a certificate under this section shall be ad- Imitted to the United States Only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatic or consular officers, and their attendants, shall be permitted to enter the Unit- ed States except at the ports of San Francisco, Port- Iand, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of the Treasury. (Sept. 13, 1888, c. 1015, § 7, 25 Stat. 477.) - § 4309. Same; regulations—The Secretary Of the Treasury shall be, and he hereby is, authorized and empowered to make and prescribe, and from time to time to change and amend such rules and reg- ulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles Second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said arti- Cles. And he is hereby further authorized and em- powered to prescribe the form and Substance of Cer- tificates to be issued to Chinese laborers under and in pursuance of the provisions of said -articles, and prescribe the form of the record Of Such certificate and Of the proceedings for issuing the same, and he may require the deposit, as a part of such record, of the photograph of the party to whom any such cer- tificate shall be issued. (Sept. 13, § 8, 25 Stat. 478.) - § 4310. Same; landing Chinese in contraven- tion of act—The master of any vessel who shall knowingly bring within the United States on such Vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed guilty of a misdemeanor and, on convic- tion thereof, shall be punished with a fine of not less than five hundred dollars nor more than . One thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion. Of the Court. 9, 25 Stat. 478.) See § 4291. $ 4311. Same; masters of vessels in distress exeepted from $ 4310—The foregoing section shall Ilot apply to the case of any master whose vessel Shall Come within the jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voy- age to any foreign port or place. But Chinese labor- (Sept. 13, 1888, c. 1015, § 1888, c. 1015, . ers or persons on such vessels shall not be permit- ted to land, except in case of necessity, and must de- part with the vessel on leaving port. (Sept. 13, 1888, c. 1015, § 10, 25 Stat. 478.) See § 4292. - § 4312. Same; altering name in or forging certificate, or false personation—Any person Who shall knowingly and falsely alter or substitute any name for the name written in any certificate herein required, or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely per- sonate any person named in any such Certificate, and any person other than the one to whom a Certificate was issued who shall falsely present any Such Cer- tificate, shall be deemed guilty of a misdemeanOr, and upon conviction thereof shall be fined in a Sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. (Sept. 13, 1888, c. 1015, § 11, 25 Stat. 478.) See §§ 4294, 4322. - - § 4313. Same; arrest and removal of Chinese unlawfully in United States—Any Chinese perSOn, or person of Chinese descent, found unlawfully in the United States, or its Territories, may be arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, Or commissioner of a United States Court, or before any United States Court, and when Convicted, upon a hearing, and found and adjudged to be one not law- fully entitled to be or remain in the United States, such person shall be removed from the United States to the country whence he came. But any Such Chi- nese person convicted before a commissioner of a United States court may, within ten days from Such conviction, appeal to the judge of the district Court for the district. A certified copy of the judgment shall be the process upon which said removal Shall be made, and it may be executed by the marshal Of the district or any officer having authority of a marshal under the provisions of this section. And in all Such cases the person who brought Or aided in bringing such person into the United States shall be liable to the Government Of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the several States and Ter- ritories of the United States are hereby invested With the same authority in reference to carrying Out the provisions of this act, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers. (Sept. 13, 1888, c. 1015, § 13, 25 Stat. 479.) § 4314. Same; diplomatic and consular officers excepted—The preceding sections shall not apply to Chinese diplomatic or consular Officers Or their at- tendants, who shall be admitted to the United States under special instructions of the Treasury Depart- ment, without production of other evidence than that of personal identity. (Sept. 13, 1888, c. 1015, § 14, 25 Stat. 479.) - See §§ 4300, 43.16. - § 4315. Laws prohibiting coming of Chinese continued—All laws now in force prohibiting and reg- ulating the coming into this country of Chinese per- sons and persons of Chinese descent are hereby Con- tinued in force for a period of ten years from the passage of this act. (May 5, 1892, c. 60, § 1, 27 Stat. 25.) - The laws referred to and continued in force by this section are Act May 6, 1882, c. 126, as amended by Act July 5, 1884, c. 220 (§§ 4290-4302), such provisions of Act Sept. 13, 1888, c. 1015, as became operative, although the treaty upon which they were dependent was not ratified (§§ 4366-4314), and Act Oct. 1, 1888, c. 1064 (§§ 4303-4305). § 4316. Removal of Chinese not entitled to be or remain in United States—Any Chinese person or person of Chinese descent, when convicted and ad- judged under any of said laws to be not lawfully en- titled to be or remain in the United States, Shall be removed from the United States to China, unless he Ch. B) 3 4324 IMMIGRATION [Page 649] Or they shall make it appear to the justice, judge, Or Commissioner before whom he or they are tried that he Or they are Subjects or Citizens of some other coun- try, in Which case he or they shall be removed from the United States to such country: Provided, That in any case where such other country of which such Chinese person shall claim to be a citizen or subject Shall demand any tax as a condition of the removal Of Such person to that country, he or she shall be re- moved to China. (May 5, 1892, c. 60, § 2, 27 Stat. 25.) Soe $ 4313. § 4317. Arrested person to prove right to re- Imain—Any Chinese person or person of Chinese de- SCent arrested under the provisions of this act or the acts hereby extended shall be adjudged to be unlaw- fully Within the United States unless such person shall establish, by affirmative proof, to the satisfaction of Such justice, judge, or commissioner, his lawful right to remain in the United States. (May 5, 1892, c. 60, § 3, 27 Stat. 25.) § 4318. Chinese unlawfully in Traited States punishable—Any such Chinese person or person of Chinese descent convicted and adjudged to be not law- fully entitled to be or remain in the United States Shall be imprisoned at hard labor for a period of not exceeding One year and thereafter removed from the United States, as hereinbefore provided. (May 5, 1892, c.—60, $–4,-27—Stat.-25.) Held unconstitutional (see 16 Sup. Ct. 977). $ 4319. Habeas corpus by Chinese denied landing; bail—After the passage of this act on an application to any judge or court of the United States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to Whom that privilege has been denied, no bail shall be allowed, and such application shall be heard and determined promptly without unnecessary delay. (May 5, 1892, c. 60, § 5, 27 Stat. 25.) § 4320. Certificates of residence; arrest and deportation of laborers without—It shall be the duty of all Chinese laborers within the limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts within Six months after the passage of this act for a certifi- Cate Of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, Or refuse to Comply with the provisions of this act and the act to which this is an amendment, or who, after the expiration of said six months, shall be found Within the jurisdiction of the United States without Such certificate of residence, shall be deemed and ad- judged to be unlawfully within the United States, and may be arrested by any United States Customs Offi- Cial, collector of internal revenue or his deputies, United States marshal or his deputies, and taken be- fore a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this is an amendment; unless he shall establish clearly to the satisfaction of said judge that by reason of accident, sickness, Or other unavoidable Cause he has been un- able to procure his certificate, and to the satisfaction Of Said United States judge, and by at least One credi- ble Witness Other than Chinese, that he was a resident of the United States On the fifth of May, eighteen hun- dred and ninety-two; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a certifi- Cate which has been lost Or destroyed, he shall be de- tained and judgment Suspended a reasonable time to enable him to procure a duplicate from the Officer granting it, and in Such cases the Cost Of Said arrest and trial shall be in the discretion. Of the Court; and any Chinese person, other than a Chinese laborer, hav- ing a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge ; and that no proceedings for a violation of the provisions of said section six of said act of May fifth, eighteen hundred and ninety-two, as originally enacted, shall hereafter be instituted, and that all proceedings for Said violation now pending are hereby discontinued: Provided, That no Chinese person heretofore con- Victed in any Court of the States Or Territories or of the United States of a felony shall be permitted to register under the provisions Of this act; but all such perSOnS Who are now subject to deportation for fail- ure or refusal to comply with the act to which this is an amendment shall be deported from the United States as in said act and in this act provided, upon any appropriate proceedings now pending or which may be hereafter instituted. (May 5, 1892, c. 60, § 6, 27 Stat. 25, amended, Nov. 3, 1893, c. 14, § 1, 28 Stat. 7.) § 4321. Regulations, for execution of act—Im- mediately after the passage of this act, the Secretary Of the Treasury shall make such rules and regulations as may be necessary for the efficient execution of this act, and shall prescribe the necessary forms and fur- nish the necessary blanks to enable collectors of in- ternal revenue to issue the certificates required here- by, and make such provisions that certificates may be procured in localities Convenient to the applicants, Tsuch Certificates shall be issued without charge to the applicant, and shall contain the name, age, local resi- dence and occupation of the applicant, and such other description of the applicant as shall be prescribed by the Secretary of the Treasury, and a duplicate there- Of shall be filed in the Office Of the CollectOr Of inter- nal revenue for the district within which Such China- man makes application. (May 5, 1892, c. 60, § 7, 27 Stat. 26.) Transfer of duties and powers of Secretary of Treasury to Secrotary of Labor, see §§ 923, 934, 940. § 4322. Altering name in or forging certifi- cate, or false personation—Any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such Certificate, or knowingly utter any forged or fraudu- lent certificate, or falsely personate any person named in Such certificate, shall be guilty Of a misdemeanor, and upon conviction thereof shall be fined in a Sum not exceeding one thousand dollars or imprisoned in the penitentiary for a term of not more than five years. (May 5, 1892, c. 60, § 8, 27 Stat. 26.) See §§ 4294, 4312. § 4323. Compensation to officers for services —The Secretary of the Treasury may authorize the payment of Such compensation in the nature Of fees to the collectors of internal revenue, for services per- formed under the provisions of this act in addition to Salaries rlow allowed by law, as he shall deem neC- essary, not exceeding the Sum of one dollar for each certificate issued. (May 5, 1892, c. 60, § 9, 27 Stat. 26.) § 4324. “Laborer” and “merchant” defined; proof for entrance of mereharat—The Words “la- borer” or “laborers,” wherever used in this act, or in the act to which this is an amendment, shall be COn- Strued to mean both skilled and unskilled manual laborers, including Chinese employed in mining, fish- ing, huckstering, peddling, laundrymen, or those en- gaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. The term “merchant,” as employed herein and in the acts of which this is amendatory, Shall have the following meaning and none other : A merchant is a person engaged in buying and Selling merchandise, at a fixed place of business, Which business is con- ducted in his name, and who during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such mer- Chant. Where an application is made by a Chinaman for & 4324 (Tit, 29 IMMIGRATION IPage 6501 entrance into the United States on the ground that he was formerly engaged in this country as a merchant, he shall establish by the testimony of two credible Witnesses other than Chinese the fact that he con- ducted Such business as hereinbefore defined for at least One year before his departure from the United States, and that during Such year he was not engaged in the performance of any manual labor, except such aS Was necessary in the Conduct Of his business as Such merchant, and in default of such proof shall be refused landing. Such order of deportation shall be executed by the United States Marshal of the district within which Such Order is made, and he shall execute the same With all convenient dispatch; and pending the exe- cution of such order such Chinese person shall remain in the Custody of the United States Marshal, and shall not be admitted to bail. - The Certificate herein provided for shall contain the photograph of the applicant, together with his name local residence and occupation, and a copy of such Certificate, with a duplicate of such photograph at- tached, shall be filed in the office of the United States Collector of Internal Revenue of the district in which Such Chinaman makes application. . . Such photographs in duplicate shall be furnished by each applicant in such form as may be prescribed by the Secretary of the Treasury. (Nov. 3, 1893, c. 14, § 2, 28 Stat. 8.) § 4825. Finality of decisions of immigration officers—In every case where an alien is excluded from admission into the United States under any law Or treaty now existing or hereafter made, the deci- Sion of the appropriate immigration or customs offi- CerS, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the Secretary of the Treasury. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 390.) § 4326. Corming of Chinese Laborers to United States prohibited—The High Contracting Parties agree that for a period of ten years, beginning with the date of the exchange of the ratifications of this Convention, the coming, except under the conditions hereinafter specified, of Chinese laborers to the Unit- ed States shall be absolutely prohibited. (Convention with China, Dec. 8, 1894, Art. I, 28 Stat. 1210.) - § 4327. Same; application of preceding arti- cle—The preceding Article shall not apply to the re- turn to the “United States of any registered Chinese laborer who has a lawful wife, child, or parent in the United States, Or property therein of the value Of One thousand dollars, Or debts Of like amount due him and pending settlement. Nevertheless every such Chinese laborer shall, before leaving the United States, deposit, as a condition of his return, with the Collector of Customs Of the district from which he departs, a full description in writing of his family, or property, or debts, as aforesaid, and shall be fur- nished by said collector with such certificate of his right to return under this Treaty as the laws of the United States may now or hereafter prescribe and not inconsistent with the provisions of this Treaty ; and should the written description aforesaid be proved to be false, the right of return thereunder, or of con- tinued residence after return, shall in each case be forfeited. And such right of return to the United States Shall be exercised within One year from the date of leaving the United States; but such right Of return to the United States may be extended for an additional period, not to exceed One year, in cases where by reason of sickness or other cause of disabili- ty beyond his control, such Chinese laborer shall be rendered unable sooner to return—which facts shall be fully reported to the Chinese consul at the port of departure, and by him certified, to the satisfaction of the collector of the port at which such Chinese subject shall land in the United States. And no such Chinese laborer shall be permitted to enter the United States by land or sea without producing to the prop- er officer of the customs the return certificate herein required. (Convention with China, Dec. 8, 1894, Art. II, 28 Stat. 1210.) - See § 4306, superseded by this article in part. t § 4328. Classes of Chinese permitted to en- ter; transit of laborers—The provisions of this Convention shall not affect the right at present en- joyed of Chinese subjects, being officials, teachers, Students, merchants or travelers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein. To entitle such Chinese Subjects as are above described to admission into the United States, they may produce a certificate from their Government or the Government where they last resided vised by the diplomatic or consular representative of the United States in the country or port whence they depart. It is also agreed that Chinese laborers shall con- tinue to enjoy the privilege of transit across the ter- ritory Of the United States in the course of their journey to or from other countries, subject to such regulations by the Government of the United States aS may be necessary to prevent said privilege of trans- it from being abused. (Convention with China, Dec. 8, 1894, Art. III, 28 Stat. 1211.) § 4329. Protection of Chinese in United States—In pursuance of Article III of the Immigra- tion Treaty between the United States and China, signed at Peking on the 17th day of November, 1880, (the 15th day of the tenth month of Kwanghsii, sixth year) it is hereby understood and agreed that Chinese laborers or Chinese of any other class, either per- manently or temporarily residing in the United States, shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, excepting the right to become naturalized citizens. And the Government of the United States reaffirms its obligation, as stated in said Article III, to exert all its power to secure protection to the persons and property of all Chinese subjects in the United States. (Convention with China, Dec. 8, 1894, Art. IV, 28 Stat. 1211.) § 4330. Registration of Chinese laborers in TUnited States, and citizens of United States in China—The Government of the United States, hav- ing by an Act of the Congress, approved May 5, 1892, as amended by an Act approved November 3, 1893, required all Chinese laborers lawfully within the lim- its of the United States before the passage of the first named Act to be registered as in said Acts pro- vided, with a view of affording them better protec- tion, the Chinese Government will not object to the enforcement of such acts, and reciprocally the GOV- ernment of the United States recognizes the right of the Government of China to enact and enforce similar laws or regulations for the registration, free of charge, of all laborers, skilled or unskilled, (not merchants as defined by said Acts of Congress), Citi- zens of the United States in China, whether residing within or without the treaty ports. And the Government of the , United States agree that within twelve months from the date of the ex- change of the ratifications of this Convention, and annually, thereafter, it will furnish to the Govern- ment of China registers or reports showing the full name, age, Occupation and number Or place Of resi- dence of all other citizens of the United States, in- cluding missionaries, residing both within and with- out the treaty ports of China, not including, however, diplomatic and other officers of the United States re- siding or travelling in China upon official business, together with their body ànd household servants, (Convention with China, Dec. 8, 1894, Art. W, 28 Stat. 1211.) - See § 4293. § 4331. Time convention to remain in force— This Convention shall remain in force for a period of ten years beginning with the date of the exchange of ratifications, and, if six months before the ex- piration of the said period of ten years, neither Gov- Ch. B) ź 4341 IMMIGRATION [Page 651] ernment shall have formally given notice of its final termination to the other, it shall remain in full force for another like period of ten years. (Convention with China, Dec. 8, 1894, Art. VI, 28 Stat. 1212.) § 4332. Commissioner for hearing on arrest of Chinese persons—It shall be lawful for the dis- trict attorney of the district in which any Chinese person may be arrested for being found unlawfully within the United States, or having unlawfully en- tered the United States, to designate the United States Commissioner within such district before whom such Chinese person shall be taken for hearing. (March 3, 1901, c. 845, § 1, 31 Stat. 1093.) § 4333. Same; fees—A United States Commis- Sioner Shall be entitled to receive a fee of five dollars for hearing and deciding a case arising under the Chinese-exclusion laws. (March 3, 1901, c. 845, § 2, 31 Stat. 1093.). - t § 4334. Warrants of arrest—NO warrant of ar- rest for Violations Of the Chinese-exclusion laws shall be issued by United States commissioners excepting upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector, deputy collector, or inspector of customs, immigration inspector, United States marshal, Or deputy United States marshal, or Chinese inspector, unless the issuing of such warrant of arrest shall first be approved or requested in writing by the United States district attorney of the district in which issued. (March 3, 1901, c. 845, § 3, 31 Stat. 1093.) § 4335. Exclusion of Chinese from Hawaii; entry into United States from Hawaii—There shall be no further immigration of Chinese into the Hawaiian Islands, except upon Such conditions as are now or may hereafter be allowed by the laws of the United States; no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. (July 7, 1898, No. 55, § 1, 30 Stat. 751.) § 4336. Certificates of residence for Chinese in Hawaii at time of annexation—Chinese in the Hawaiian Islands when this Act takes effect may within one year thereafter obtain certificates of resi- dence as required by “An Act to prohibit the coming of Chinese persons into the United States,” approved . May fifth, eighteen hundred and ninety-two, as amend- ed by an Act approved November third, eighteen hun- dred and ninety-three, entitled “An Act to amend an Act entitled “An Act to prohibit the coming of Chinese persons into the United States,’ approved May fifth, eighteen hundred and ninety-two,” and until the ex- piration of Said year shall not be deemed to be unlaw- fully in the United States if found therein without such certificates: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or Dis- trict Of the United States from the Hawaiian Islands. (April 30, 1900, c. 339, § 101, 31 Stat. 161.) $ 4337. Laws re-enacted, extended, and con- tinued, and made applicable to island territory— All laws in force on the twenty-ninth day of April, nineteen hundred and two, regulating, suspending, or prohibiting the coming of Chinese persons or persons of Chinese descent into the United States, and the resi- dence of such persons therein, including sections five, six, Seven, eight, nine, ten, eleven, thirteen, and fourteen of the Act entitled “An Act to prohibit the Coming of Chinese laborers into the United States,” approved September thirteenth, eighteen hundred and eighty-eight, be, and the same are hereby, re-enacted, extended, and continued, without modification, limita- tion, or condition; and said laws shall also apply to the island territory under the jurisdiction of the Unit- ed States, and prohibit the immigration of Chinese laborers, not citizens of the United States, from such island territory to the mainland territory of the United States; whether in such island territory at the time of cession or not, and from one portion of the island territory of the United States to another portion of said island territory: Provided, however, That said laws shall not apply to the transit Of Chinese laborers from one island to another island of the same group ; and any islands within the juris- diction of any State or the District of Alaska shall be COnsidered a part Of the mainland under this Sec- tion. (April 29, 1902, c. 641, § 1, 32 Stat. 176, amend- ed, April 27, 1904, c. 1630, § 5, 33 Stat. 428.) - Laws previously in force and re-enacted, extended, and continued by this section, see §§ 4290-4336; treaty obliga- tions, see §§ 4326–4331. . . - § 4338. Regulations for execution of acts and treaty—The Secretary of [Commerce andl Labor is hereby authorized and empowered to make and pre- Scribe, and from time to time to change, such rules and regulations not inconsistent with the laws of the land as he may deem necessary and proper to ex- ecute the provisions of this Act and of the Acts hereby extended and continued and of the treaty of Decem- ber eighth, eighteen hundred and ninety-four, between the United States and China, and With the approval of the President to appoint such agents as he may deem necessary for the efficient execution of said treaty and said Acts. (April 29, 1902, c. 641, § 2, 32 Stat. 176, amended, April 28, 1904, No. 34, 33 Stat. 591.) r - , § Text in brackets superseded by §§ 932, 934, 940. Acts ex- tended and continued, and treaty, see §§ 4290-4336. , ' § 4339. Certificates of residence in insular territory; regulations for Philippines—It shall be the duty of every Chinese laborer, other than a citi- Zen, rightfully in, and entitled to remain in any of the insular territory of the United States (Hawaii ex- cepted) at the time of the passage of this Act, to ob- tain within one year thereafter a certificate of resi- dence in the insular territory wherein he, resides, which certificate shall entitle him to residence therein, and upon failure to obtain Such certificate as herein provided he shall be deported from such insular terri- tory; and the Philippine Commission is authorized and required to make all regulations and provisions necessary for the enforcement of this section in the Philippine Islands, including the form and Substance of the certificate of residence so that the same shall Clearly, and sufficiently identify the holder thereof and enable officials to prevent fraud in the transfer of the same: Provided, however, That if said Philip- pine Commission shall find that it is impossible to complete the registration herein provided for within One year from the passage of this Act, said Commis- Sion is hereby authorized and empowered to extend the time for such registration for a further period. not exceeding one year. 32 Stat. 177.) See §§ 3911, 4337. - § 4340. Bertillon system of identification— Enforcement of the Chinese-exclusion Act: To pre- Vent unlawful entry of Chinese into the United States, by the appointment of suitable officers to enforce the laws in relation thereto, and for expenses of returning to China all Chinese persons found to be unlawfully in the United States, including the cost of imprison- ment and actual expense of conveyance of Chinese per- Sons to the frontier or seaboard for deportation, six hundred thousand dollars, of which sum one thousand Ciollars per annum shall be paid to the Commissioner- General Of Immigration as additional compensation: Provided, That so much of the amount hereby appro- priated, or hereafter appropriated for similar purpos- eS, as may be necessary shall be available for the es- tablishment and maintenance of the Bertillon system of identification at the various ports of entry; but this proviso shall not apply to persons embraced in Article Three of the treaty with China of eighteen hundred and ninety-four. (April 28, 1904, c. 1762, § 1, 33 Stat. 478.) See § 4328. Current appropriation for enforcement of Chinese Exclusion Act, see Act June 12, 1917, c. 27 s 1, 40 Stat. 170. § 4341. Deportation officer—From and after July first, nineteen hundred and thirteen, all Chinese perSons Ordered deported under judicial writs shall (April 29, 1902, c. 641, § 4, ź 4341 (Tit. 29. IMMIGRATION [Page 652] be delivered by the marshal of the district or his deputy into the custody of any officer designated for that purpose by the Secretary of [Commerce and La- bor, for conveyance to the frontier or seaboard for deportation in the same manner as aliens deported under the immigration laws. (June 23, 1913, c. 3, § 1, 38 Stat. 65.) - Text in brackets superseded by §§ 932, 934, 940. see, Chapter C—The Cooly-Trade 4342. Cooly-trade prohibited. 4343. Forfeiture of vessels. 43.44. Building vessels to engage in cooly-trade. 4345. Punishment for engaging in cooly-trade. 4346. Title not to interfere with voluntary emigration. 4347. Examination of vessels. . 4348. Inquiry and certificate by consular officer. 4349. Involuntary transportation of Chinese, Japanese, ... etc., for purpose of holding to service; contracts Void. 4350. Contracting to supply cooly labor. § 4342. Cooly-trade prohibited—No citizen of the United States, or foreigner coming into or residing within the same, shall, for himself or for any other person, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare, any vessel, registered, enrolled, or licensed, in the United States, for the purpose of procuring from any port or place the subjects of China, Japan, or of any other oriental country, known as “coolies,” to be transported to any foreign port, or place, to be disposed of, or Sold, Or transferred, for any time, as Servants Or appren- tices, or to be held to service or labor. (R. S. $ 2158.) § 4343. Forfeiture of vessels—If any vessel, be: longing in whole or in part to a citizen of the United States, and registered, enrolled, or otherwise licensed therein, be employed in the “cooly-trade,” So called, contrary to the provisions of the preceding Section, such vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district. Where the vessel may be found, seized, or carried. (R. S. $ 2159) § 4344. Building vessels to engage in cooly- trade—Every person who so builds, fits Out, equips, loads, or otherwise prepares, or who sends to Sea, or navigates, as owner, master, factor, agent, or other- wise, any vessel, belonging in whole or in part to a citizen of the United States, or registered, enrolled, or licensed within the same, knowing Or intending that such vessel is to be or may be employed in that trade, contrary to the provisions of section twenty- one hundred and fifty-eight, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding one year. (R. S. § 2160.) § 4345. Punishment for engaging in cooly- trade—Every citizen of the United States Who, Con- trary to the provisions of section twenty-One hundred and fifty-eight, takes on board of any vessel, or re- ceives or transports any such subjects as are described in that section, for the purpose of disposing Of them in any way as therein prohibited, shall be liable to a fine not exceeding two thousand dollars and be impris- oned not exceeding one year. (R. S. $ 2161.) § 4346. Title not to interfere with voluntary emigration—Nothing herein contained shall be deem- ed to apply to any voluntary emigration of the sub- jects specified in section twenty-one hundred and fifty- eight, or to any vessel carrying such person as passen- ger on board the same, but a certificate shall be pre- pared and signed by the consul or consular agent of the United States residing at the port from which Such vessel may take her departure, Containing the name of such person, and setting forth the fact of his voluntary emigration from such port, which cer- according to law. tificate shall be given to the master of Such vessel; and the same shall not be given until such consul Or Consular agent is first personally satisfied by evidence of the truth of the facts therein contained. (R. S. § 2162.) § 4347. Examination of vessels—The President is empowered, in such way and at such time as he may judge proper, to direct the vessels of the United States, and the masters and Commanders thereof, to examine all vessels navigated Or Owned in Whole Or in part by citizens of the United States, and register- ed, enrolled, or licensed under the laws thereof, When- ever in the judgment of such master or commanding officer, reasonable cause exists to believe that Such Vessel has on board any Subjects of China, Japan, Or other oriental country, known as “coolies;” and, upon sufficient proof that such vessel is employed in viola- tion of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of (R. S. § 2163.) § 4348. Inquiry and certificate by consular of- ficer—In determining whether the immigration Of any subject of China, Japan, or any Oriental country, to the United States, is free and voluntary, as provid- ed by section two thousand one hundred and sixty- two of the Revised Code, title “Immigration,” it shall be the duty of the consul-general or consul of the United States residing at the port from which it is proposed to convey such subjects, in any vessels en- rolled or licensed in the United States, or any port within the same, before delivering to the masters Of any such vessels the permit or Certificate provided for in such section, to ascertain whether such immi- grant has entered into a contract Or agreement for a term Of Service Within the United States, for lewd and immoral purposes; and if there be such contract or agreement, the said Consul-general Or COnsul Shall not deliver the required permit or certificate. (March 3, 1875, c. 141, § 1, 18 Stat. 477.) $ § 4349. Involuntary transportation of Chi- inese, Japanese, etc., for purpose of holding to service; contracts void—If any citizen of the United States, Or Other perSOn amenable to the laws Of the |United States, shall take, Or Cause to be taken or transported, to Or from the United States any Subject of China, Japan, or any Oriental Country, without their free and voluntary consent, for the purpose of holding them to a term of service, such citizen or oth- er person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be impris- Oned not exceeding one year; and all Contracts and agreements for a term Of Service Of Such persons in the United States, whether made in advance Or in pursuance of Such illegal importation, and whether Such importation shall have been in American or Other vessels, are hereby declared void. (March 3, 1875, c. 141, § 2, 18 Stat. 477.) rº. § 4350. Contracting to supply cooly labor—If any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal importation, to supply to another the la- bor of cooly or other person brought into the United States in violation of section two thousand one hun- dred and fifty-eight of the Revised Statutes, or of any other section of the laws prohibiting the COOly- trade or of this act, such person shall be deemed guilty of a felony, and, upon conviction thereof, in any TJnited States court, shall be fined in a sum not ex- Ceeding five hundred dollars and imprisoned for a term not exceeding one year. (March 3, 1875, c. 141, § 4, 18 Stat. 477.) TITLE xxx—NATURALIZATION Sec. 4351. Jurisdiction of naturalization; 4352. Proceedings for naturalization. (1) Declaration of intention. - (2) Petition for admission to citizenship; certificate of arrival and declaration of intention. (3) Declaration to Support Constitution and laws. (4) Evidence of residence and character. Renunciation of title or order. (6) Naturalization of widows and minor children of - aliens dying after declaration of intention. (7) Filipinos, Porto Ricans or aliens in service of Army, Navy, Marine Corps, Coast Guard, or merchant marine. (8) Alien seamen deemed citizens. (9) Reimbursement for printing and binding. (10) Aliens erroneously exercising privileges of citi- ZellS. (11) Alien enemies. - (12) Repatriation of expatriated citizens. (13) Proof of continuous residence. 4352a. Validation of certificates of naturalization. 4352a.a. Acts repealed. forms. 4353. Notice of filing of petition and hearing thereon. 4354. Time for filing petition and final action; change of Ila,I\le. 4355-4357. [Repealed.] 4358. Aliens of African nativity and descent. 4359. Chinese not to be naturalized. . 4360. Residence of five years. 4361. Residence in Hawaiian Islands equivalent to residence in United States. -4362. [Repealed.] - 4363. Anarchists, or polygamists not to be naturalized. 4364. Persons not speaking English not to be naturalized. 4365. Wife making homestead entry and children of aliens becoming insane before actually naturalized. 4366. Persons not citizens who owe permanent allegiance to TJnited States. 4367. Citizenship of children of persons naturalized under certain layws. 4368. Final hearing on petition; 4369. Evidence of residence, 4370. Appearance by United States and proceedings in opposi- tion. - 4371. Duties of clerks of courts. 4372. Fees. 4372a. Same. w 4373. Records of court; reference in certificate to record. 4374. Cancellation of CertificateS. 4375. Issuance of certificate of citizenship contrary to law. 4376. Embezzlement of moneys received for naturalization proceedings. 4377. Demand Qr receipt by clerk, of fees or moneys other than those specified. - 4378. False certifications by clerk. 4379. Procuring naturalization illegally ; aiding unauthorized proceedings; false testimony. . 4380. Limitation of prosecutions for crimes. 4381. Repeal. 4382. Forms. 4383. Regulations for execution of law; papers as evidence. * 4384. Certificates failing to show compliance with require- ments of law validated. § 4351. Jurisdiction of naturalization; forms —Exclusive jurisdiction to naturalize aliens as Citi- zens of the United States is hereby conferred upon the following specified Courts: United States circuit and district courts now exist- ing, or which may hereafter be established by Con- gress in any State, United States district Courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the Supreme court of the DiS- trict of Columbia, and the United States courts for the Indian Territory; also all Courts of record in any State or Territory now existing, or which may record of final order. certified copies of hereafter be created, having a seal, a clerk, and ju- risdiction in actions at law or equity, Or law and equity, in which the amount in Controversy is un- limited. That the naturalization jurisdiction of all courts herein specified, State, Territorial, and Federal, shall extend Only to aliens resident Within the respective judicial districts Of Such COurts. The courts herein specified shall, upon the requisi- tion of the clerks of such courts, be furnished from time to time by the Bureau of [Immigration and Nat- tiralization With Such blank forms as may be requir- ed in the naturalization of aliens, and all certificates Of naturalization shall be consecutively numbered and printed on Safety paper furnished by said Bureau. (Jüne 29, 1906, c. 3592, § 3, 34 Stat. 596.) Text in brackets superseded by § 934. Section 1 of this Act is § 963. Section 2 is omitted as temporary. Sec- tions 4-15, 18, 20-24, 26–28, 30, as amended, are in this Title. Sections 16, 17, are incorporated into § 10245. Sec- tion 25 is omitted as temporary. Section 31 prescribed the time of taking effect of the act. Offenses relating to naturalization, see §§ 10242–10249. § 4352. Proceedings for naturalization—An alien may be admitted to become a citizen of the United States in the following manner and not oth- er WISe: (1) Declaration of intention—First. He shall declare on Oath before the clerk of any court authoriz- ed by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen Of the Unit- ed States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, State, Or SOvereignty, and particularly, by name, to the prince, be at the time a Citizen Or Subject. And Such declara- tion shall set forth the name, age, OCCupation, person- al description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien: Provided, however, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen Of the United States Shall be requir- ed to renew such declaration. (2) Petition for admission to citizenship; *cer- tificate of arrival and declaration of intention- Second. Not less than two years nor more than Seven. years after he has made such declaration of inten- tion he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwrit- ing and duly verified, in which petition such appli- Cant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place Of his birth; the place from which he emigrated, and the date arid place of his arrival in the United States, and, if he entered through a port, the name of the vessel. On which he arrived; the time when and the place and name of the Court where he declared his intention to become a citizen of the United States; if he is mar- ried he shall state the name of his wife and, if pos- sible, the Country of her nativity and her place Of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time Of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his OWI) handwriting. - The petition shall set forth that he is not a disbe- liever in or opposed to organized government, Or a member of or affiliated with any organization Or body of persons teaching disbelief in or opposed to Or- ganized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to re- nounce absolutely and forever all allegiance and fi- delity to any foreign prince, potentate, State, Or SOV- ereignty, and particularly by name to the prince, po- tentate, state, or sovereignty of which he at the time of filing of his petition may be a Citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has [Page 653] 3 4352(2) (Tit. 30 NATURALIZATION IPage 654] been denied admission as a citizen of the United States, and, if denied, the ground or grounds of Such denial, the Court Or Courts in which such decision Was rendered, and that the Cause for Such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon t\le final hearing of his application. The petition shall also be verified by the affidavits Of at least two Credible witnesses, who are citizens of the United States, and who shall state in their affi- davits that they have personally known the appli- cant to be a resident of the United States for a period Of at least five years Continuously, and of the State, Territory, or the District of Columbia in which the application is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowl- edge that the petitioner is a person of good moral character, and that he is in every way qualified, in their Opinion, to be admitted as a citizen of the Unit- ed States. At the time of filing his petition there shall be filed With the Clerk Of the COUIrt a Certificate from the De- partment of Commerce and Labor, if the petitioner arrives in the United States after the passage Of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of Said petition. (3) Declaration to support constitution and laws—Third. He shall, before he is admitted to citi- zenship, declare on Oath in Open Court that he will support the Constitution of the United States, and that , he absolutely and entirely renounces and ab- jures all allegiance and fidelity, to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; that he Will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the Så Illé. - - - (4) Evidence of residence and character— Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he bas resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles Of the Constitution of the United States, and Well dis- posed to the good order and happiness of the same. In addition to the Oath of the applicant, the testi- mony of at least two witnesses, citizens of the Unit- ed States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. g (5) Renunciation of title or order—Fifth. In case the alien applying to be admitted to Citizenship has borne any hereditary title, or has been of any of the Orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title Or Order of nobility in the Court to which his applica- tion is made, and his renunciation shall be recorded in the COUIrt. A " (6) Naturalization of widows and minor chil- dren of aliens dying after declaration of intern- tion—Sixth. When any alien who has declared his in- tention to become a Citizen Of the United States dies before he is actually naturalized the widow and minor Children of such alien may, by complying With the oth- er provisions Of this Act, be naturalized without mak- ing any declaration of intention. - (7) Filipinos, Porto Ricans or aliens in service of Army, Navy, Marine Corps, Coast Guard, or merchant marine—Seventh. Any native-born Fili- pino of the age of twenty-one years and upward Who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps Or the Naval Auxiliary Service, and who, after service Of not less than three years, may be honorably dis- Charged therefrom, or who may receive an Ordinary discharge with recommendation for reenlistment; Or any alien, or any Porto Rican not a citizen of the |United States, of the age of twenty-one years and up- Ward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, ei- ther the Regular or the Volunteer Forces, or the Na- tional Army, the National Guard Or Naval Militia Of any State, Territory, or the District of Columbia, or the State militia in Federal service, or in the Unit- ed States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Gov- ernment, Or for three years On board Of merchant Or fishing vessels of the United States of more than twen- ty tons burden, and while still in the service on a re- enlistment or reappointment, or within six months after an honorable discharge or separation therefrom, Or while on furlough to the Army Reserve or Regu- lar Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization without proof of the re- Quired five years' residence within the United States if upon examination by the representative of the Bureau of Naturalization, in accordance with the re- Quirements of this subdivision it is shown that such residence can not be established; any alien serving in the military or naval service of the United States during the time this country is engaged in the pres- ent War may file his petition for naturalization with- out making the preliminary declaration of intention and Without proof of the required five years' resi- dence within the United States; any alien declarant Who has served in the United States Army or Navy, Or the Philippine Constabulary, and has been honor- ably discharged therefrom, and has been accepted for Service in either the military or naval service of the United States on the condition that he becomes a Citizen of the United States, may file his petition for naturalization upon proof of continuous residence Within the United States for the three years immedi- ately preceding his petition, by two witnesses, citi- Zens Of the United States, and in these cases only resi- dence in the Philippine Islands and the Panama Ca- nal Zone by aliens may be considered residence with- in the United States, and the place of such military Service shall be construed as the place of residence re- quired to be established for purposes of naturaliza- tion; and any alien, or any person owing permanent allegiance to the United States embraced within this Subdivision, may file his petition for naturalization in the most convenient court without proof of resi- dence within its jurisdiction, notwithstanding the lim- itation upon the jurisdiction of the courts specified in Section three of the Act of June twenty-ninth, nine- teen hundred and six, provided he appears with his tWO Witnesses before the appropriate representative of the Bureau of Naturalization and passes the pre- Iiminary examination hereby required before filing his petition for naturalization in the office of the clerk Of the Court, and in each case the record of this ex- amination shall be offered in evidence by the repre- Sentative Of the Government from the Bureau of Nat- uralization and made a part of the record at the Original and any Subsequent hearings; and, except as otherwise herein provided, the honorable discharge Certificate of Such alien, or person owing perma- nent allegiance to the United States, or the certificate of Service showing good conduct, signed by a duly au- thorized officer, or by the masters of said vessels, Tit. 30) & 4352 (11) NATURALIZATION IPage 6551 shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Co- lumbia, and good moral character required by , law, when supported by the affidavits of two witnesses, cit- izens of the United States, identifying the applicant as the person named in the certificate or honorable discharge, and in those cases Only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the man- ner prescribed ; and any petition for naturalization filed under the provisions of this subdivision may be heard immediately, notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction Of the court. Any alien, who, at the time of the pas- sage of this Act, is in the military service of the Unit- ed States, who may not be within the jurisdiction Of any court authorized to naturalize aliens, may file his. petition for naturalization without appearing in per- son in the Office Of the Clerk of the court and shall not be required to take the prescribed Oath Of allegi- ance in open Court. The petition shall be verified by the affidavits of at least two credible witnesses Who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have personally known the applicant to have re- sided within the United States. The time of military Service may be established by . the affidavits of at least two Other Citizens Of the United States, which, together with the oath of allegiance, may be taken in accordance with the terms of section seventeen hun- dred and fifty Of the Revised Statutes of the United States after notice from and under regulations Of the Bureau of Naturalization. Such affidavits and Oath. Of allegiance Shall be admitted in evidence in any Original or appellate naturalization proceeding without proof of the genuineness Of the seal or sig- nature or of the Official character Of the Officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representative of the GOV- ernment from the Bureau of Naturalization at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six. Mem- bers of the Naturalization Bureau and Service may be designated by the Secretary of Labor to administer Oaths relating to the administration of the naturaliza- tion law ; and the requirement of section ten of no- tice to take depositions to the United States attorneys is repealed, and the duty they perform under section fifteen Of the Act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, part one, page five hundred and ninety-six), may also be performed by the Commissioner or Deputy Com- missioner of Naturalization : Provided, That it shall not be lawful to make a declaration of intention be- fore the Clerk of any Court on election day or during the period of thirty days preceding the day of holding any election in the jurisdiction of the court: Pro- vided further, That service by aliens upon vessels Oth- er than of American registry, whether. COntinuous or broken, shall not be considered as residence for nat- uralization purposes within the jurisdiction of the TJnited States, and such aliens can not secure resi- dence for naturalization purposes during service upon vessels Of foreign registry. During the time when the United States is at War no clerk of a United States Court shall charge or col- lect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the Certificate Of naturalization upon ad- mission to citizenship, and no clerk of any State Court Shall charge or Collect any fee for this service unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged Or Collected. A full accounting for all of these trans- actions shall be made to the Bureau of Naturalization in the manner provided by section thirteen of the Act Of June twenty-ninth, nineteen hundred and six. Act June 29, 1906, c. 3592, §§ 3, 10, 11, 13, 15, mentioned in this subdivision, are $$ 4351, 4369, 4370, 4372, 4374. R. S § 1750, mentioned in this section, is § 3211. (8) Alien seamen deemed citizens—Eighth. EV- ery Seaman, being an alien, shall, after his declaration Of intention to become a citizen. Of the United States, and after he shall have served three years upon such merchant or fishing vessels of the United States, be deemed a citizen Of the United States for the pur- pose of serving on board any such merchant or fishing Vessel Of the United States, anything to the COntrary in any Act of Congress notwithstanding ; but such Seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such Citizen : Provided, That nothing contained in this Act shall be take Inor construed to repeal or modify any portion of the Act approved March fourth, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, part one, page eleven hundred and sixty-four, Chapter one hun- dred and fifty-three), being an Act to promote the Wel- fare of American seamen. Act March 4, 1915, c. 153, mentioned in this section, is §§ 7734, 7978a, 8225, 8258, 8306, 8320, 8322, 8323, 8325a, 8337a, 8348, 8363a, 8363b, 8372, 8380, 8382, 8382a–8382c, 8391, 8392a. (9) Reimbursement for printing and binding-- Ninth. For the purpose of carrying on the work of—the Bureau of Naturalization of sending the names Of the Candidates for citizenship to the public schools and Otherwise promoting instruction and training in Citi- Zenship responsibilities of applicants for naturaliza- tion, as provided in this subdivision, authority is here- by given for the reimbursement of the printing and binding appropriation of the Department of Labor up- On the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Bureau of Naturalization for the cost of publish- ing the Citizenship text book prepared and to be dis- tributed by the Bureau of Naturalization to those can- didates for citizenship only who are in attendance upon the public schools, such reimbursement to be made up- On statements by the Commissioner of Naturalization Of books actually delivered to such student candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and Cooperate With the official State and national organizations, , includ- ing those concerned with vocational education and in- cluding personal services in the District of Columbia, and to aid the local Army exemption boards and Co- Operate with the War Department in locating declar- ants subject to the Army draft and expenses inci- dental thereto. r (10) Aliens erroneously exercising privileges of citizens—Tenth. Any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July first, nineteen hundred and fourteen, and was on that date Otherwise qualified to become a citizen of the United States, except that he had not made thé dec- laration of intention required by law and who during or prior to that time, because of misinformation re- garding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the Court that he has SO acted may be admitted as a Citizen Of the United States upon complying in all respects with the other requirements of the naturalization law. (11) Alien enemies—Eleventh. No alien who is a native, citizen, subject, or denizen of any country, State, or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States unless he made his declaration of in- tention not less than two nor more than seven years prior to the existence of the state of war or was at that time entitled to become a citizen of the United 3 4352 (11) (Tit. 30 NATURALIZATION IPage 656] States, without making a declaration of intention, or unless his petition for naturalization shall then be pending and is otherwise entitled to admission, not- withstanding he shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject: Provided, That no alien embraced with- in this subdivision shall have his petition for natural- IZation called for a hearing, or heard, except after ninety days' notice given by the clerk of the Court to the Commissioner or Deputy Commissioner of Natural- ization to be present, and the petition shall be given no final hearing except in Open court and after Such notice to the representative of the Government from the Bureau of Naturalization, whose objection shall Cause the petition to be continued from time to time for so long as the Government may require: Provided, however, That nothing herein contained shall be tak- en Or Construed to interfere with Or prevent the appre- hension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturaliza- tion of such alien ; and section twenty-One hundred and seventy-One of the Revised Statutes of the United States is hereby repealed: Provided further, That the President of the United States may, in his discre- tion, upon investigation and report by the Department of Justice fully establishing the loyalty Of any alien enemy not included in the foregoing exemption, except Such alien enemy from the classification Of alien elie- my, and thereupon he shall have the privilege of ap- plying for naturalization ; and for the purposes of carrying into effect the provisions of this section, in- cluding personal services in the District of Columbia, the sum of $400,000 is hereby appropriated, to be available until June thirtieth, nineteen hundred and nineteen, including travel expenses for members of the Bureau of Naturalization and its field Service Only, . and the provisions of section thirty-six hundred and seventy-nine of the Revised Statutes shall not be ap- plicable in any way to this appropriation. R. S. § 3679, mentioned in this section, is § 6776. (12) Repatriation of expatriated citizens- Twelfth. Any person who, while a citizen of the Unit- ed States and during the existing war in Europe, en- tered the military or naval service of any Country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or Obligation taken by him for the purpose of entering such Service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken be- fore any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified COpies there- of shall be sent by such court or consul to the Depart- ment. Of State and the Bureau of Naturalization, and the Act (Public fifty-five, Sixty-fifth Congress, approv- ed October fifth, nineteen hundred and Seventeen), is here repealed. Act Oct. 5, 1917, c. 68, 40 Stat. repealed by this section, was an act relating to the repatriation of citizens ex- patriated by reason of service in the armies of Great Britain, France, etc. (13) Proof of continuous residence—Thirteenth. Any person who is serving in the military Or, naval forces of the United States at the termination of the existing war, and any person who before the termi- nation of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability in Curred in line of duty, shall, if he applies to the proper Court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately pre- ceding the date of his application he has resided Con- tinuously within the United States the time required by law of other aliens, or within the State, Territory, Or the District Of Columbia for the year immediately preceding the date of his petition for naturalization, but his petition for naturalization shall be supported oy the affidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the perSOn named in the Certificate of honorable discharge, Which said certificate may be accepted as evidence of good moral character required by law, and he shall Comply with the other requirements of the naturaliza- . tion law. (June 29, 1906, c. 3592, § 4, 34 Stat. 596, amended, June 25, 1910, c. 401, § 3, 36 Stat. 830, and May 9, 1918, c. 69, §§ 1–3, 40 Stat.) § 4352a. Validation of certificates of natural- ization—All certificates of naturalization granted by Courts of competent jurisdiction prior to December thirty-first, nineteen hundred and eighteen, upon pe- titions for naturalization filed prior to January thir- ty-first, nineteen hundred and eighteen, upon declara- tions of intention filed prior to September twenty-sev- enth, nineteen hundred and six, are hereby declared to be valid in So far as the declaration of intention is COncerned, but shall not be by this Act further Vali- dated or legalized. (May 9, 1918, c. 69, § 3, 40 Stat.) § 4352a.a. Acts repealed—All acts or parts of acts in COInsistent with or repugnant to the provisions Of this Act are hereby repealed; but nothing in this Act shall repeal or in any way enlarge section twenty- One hundred and sixty-nine of the Revised Statutes, except as specified in the seventh Subdivision of this Act and under the limitation therein defined: Pro- Vided, That for the purposes of the prosecution of all Crimes and Offenses against the naturalization laws Of the United States which may have been committed prior to this Act the statutes and laws hereby repealed shall remain in full force and effect: Provided fur- ther, That as to all aliens who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged therefrom, Section twenty-one hundred and sixty-six of the Revis- ed Statutes of the United States shall be and remain in full force and effect, anything in this Act to the contrary notwithstanding. (May 9, 1918, c. 69, § 2, 40 Stat.) - This was a part of section 2 of Act May 9, 1918, c. 69, 40 Stat. The remainder of the section repealed R. S. §§ 2166, 2174 (§§ 4355, 4357), a part of Act July 26, 1894, c. 165 (§ 4356), a part of Act June 30, 1914, c. 130 (§ 4356a), and a part of subdivision 2 of Act June 29, 1906, c. 3592, § 4, as amended, Act June 25, 1910, c. 401, , § 3 (§ 4352). R. S. § 2169, mentioned in this section, is § 4358. R. S. § 2166, mentioned in this section, was $ 4355. § 4353. Notice of filing of petition and hear- ing thereon—The clerk of the Court shall, imme- diately after filing the petition, give notice thereof by posting in a public and conspicuous place in his of fice, or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place Of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant eX- pects to summon in his behalf; and the Clerk shall, if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case Such witnesses can not be produced upon the final hearing other witnesses may be summoned. (June 29, 1906, c. 3592, § 5, 34 Stat. 598.) § 4354. Time for filing petition and final action; change of name—Petitions for naturaliza- tion may be made and filed during term time or vaca- tion of the court and shall be docketed the same day as filed, but final action thereon shall be had Only On stated days, to be fixed by rule of the Court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition: Provided, That no person shall be naturalized nor shall any Certificate of naturalization be issued by any court Within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be law- ful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate Of naturaliza- Tit. 30) ź 4366 NATURALIZATION IPage 657I tion shall be issued to him in accordance thereWith. (June 29, 1906, c. 3592, § 6, 34 Stat. 598.) (R. S. § 2.165. Repealed.) This section designated the courts which had jurisdic- tion to admit aliens to citizenship, and prescribed the pro- cedure for the naturalization of aliens in general and. particular procedure for those who resided in the United States prior to January 29, 1795, and those who resided therein between June 18, 1798 and June 18, 1812. It was repealed by § 4381, and different provisions concerning the jurisdiction of courts and the procedure for naturaliza- tion of all aliens were made by §§ 4351-4354, 4363-4373. This section was amended by Act Feb. 1, 1876, c. 5, which provided that the declaration of intention to be- come a citizen might be made before the clerk of any court named in that section, and by Validating declara- tions theretofore made before such clerks. That act be- came inoperative by the repeal of R. S. § 2165, by Act June 29, 1906, c. 3592, § 26 (§ 4381). § 4355.. [Repealed.] This section (R. S. § 2166) read as follows: “Any alien, of the age of twenty-one years and upward, Who has en- listed, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be ad- mitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year’s residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now pro- vided by law, be satisfied by competent proof of such person’s having been honorably discharged from the Serv- ice of the United States.” It was repealed—by Act—May 9, 1918, c. 69, § 2, 40 Stat. But as to certain aliens Who had served in the armies of the United States prior to January 1, 1900, said section was to remain in full force and effect. See § 4352a.a. And see § 4352 for provisions covering same subject-matter. § 4356. [Repealed.] This section (Act July 26, 1894, c. 165, 28 Stat. 124), Te- lating to naturalization of aliens honorably discharged from service in the Navy or Marine Corps, Was repealed by Act May 9, 1918, c. 69, § 2, 40 Stat. See § 4352 for provisions covering same subject-matter. § 4356a. [Repealed.] This section (Act June 30, 1914, c. 130, 38 Stat. , 392), re- lating to naturalization of aliens honorably. discharged from service in the Navy, Marine Corps, or Revenue-Cut- ter Service, was repealed by Act May 9, 1918, c. 69, § 2, 40 Stat. See § 4352 for provisions covering Same Subject- matter. & (R. S. § 2167. Repealed.) This section provided for naturalization of aliens who had resided in the United States 3 years next preceding their arriving at the age of 21 years, without having pre- viously made a declaration of intention. It was repealed by Act June 29, 1906, c. 3592, § 26 (§ 4381). (R. S. § 2.168. Repealed.) This section provided for naturalization of Widow and children of aliens, who died after making declaration of intention, but before naturalization. It Was repealed by Act June 29, 1906, c. 3592, § 26 (§ 4381). § 4357. [IRepealed.] This section (R. S. § 2174), relating to the naturaliza- tion of seamen, was repealed by Act May 9, 1918, c. 69, § 2, 40 Stat. See § 4352 for provisions covering same sub- ject-matter. e e § 4358. Aliens of African nativity and de- scent—The provisions of this Title shall apply to aliens being free white persons, and to aliens of Afri- can nativity and to persons of African descent. (R. S. § 2169, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 318.) See § 4352a.a. § 4359. Chinese not to be naturalized—Here- after no State Court Or Court Of the United States Shall admit Chinese to Citizenship; and all laws in Conflict with this act are hereby repealed. (May 6, 1882, c. 126, § 14, 22 Stat. 61.) § 4360. Residence of five years—No alien shall be admitted to become a citizen Who has not for the continued term of five years next preceding his ad- mission resided within the United States. (R. S. § 2170.) § 4361. Residence in Hawaiian Islands equiv- alient to residence in United States—For the pur- poses Of naturalization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equiva- lent to residence in the United States and in the Ter- COMP. ST.’18—42 ritory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as ap- plicable, apply to persons in the said islands. All records relating to naturalization, all declara- tions Of intention to become citizens Of the United States, and all Certificates of naturalization filed, re- COrded, Or issued prior to the taking effect of the naturalization Act Of June twenty-ninth, nineteen hundred and six, in or from any circuit Court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a Court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legal- ized. (April 30, 1900, c. 339, § 100, 31 Stat. 161, amended, May 27, 1910, c. 258, § 9, 36 Stat. 448.) § 4362. [Repealed.] This section (R. S. § 2171), prohibiting naturalization of alien enemies, was repealed by Act May 9, 1918, c. b9, § 2, 40 Stat. § 4363. Anarehists or polygamists not to be naturalized—No person who disbelieves in Or Who is Opposed to Organized government, Or Who is a mem- ber of or affiliated with any organization entertain- ing and teaching such disbelief in or opposition to Organized government, Or Who advocates Or teaches the duty, necessity, Or propriety of the unlawful as- saulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other Organized government, because of his Or their Official character, Or who is a polygamist, shall be naturalized Or be made a Citizen Of the United States. (June 29, 1906, c. 3592, § 7, 34 Stat. 598.) § 4364. Persons not speaking English not to be Hiaturalized—NO alien shall hereafter be naturalized Or admitted as a citizen Of the United States who can not speak the English language: Provided, That this requirement shall not apply to aliens Who are physi- Cally unable to comply thereWith, if they are other- Wise qualified to become citizens Of the United States: And provided further, That the requirements of this Section shall not apply to any alien Who has prior to the passage Of this Act declared his intention to be- come a citizen of the United States in conformity with the law in force at the date Of making Such declaration: Provided further, That the requirements Of Section eight shall not apply to aliens Who shall hereafter declare their intention to become Citizens and who shall make homestead entries upon the public lands Of the United States and Comply in all respects with the laws providing for homestead entries On such lands. (June 29, 1906, c. 3592, § 8, 34 Stat. 599.) § 4365. Wife making homestead entry and children of aliens becoming insane before ac- tually naturalized—When any alien, who has de- Clared his intention to become a Citizen Of the United States, becomes insane before he is actually natu- ralized, and his wife shall thereafter make a home- stead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws be naturalized without making any declaration of inten- tion. (Feb. 24, 1911, c. 151, 36 Stat. 929.) § 4366. Persons not citizens who owe perma- ment allegiance to United States—All the appli- cable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all perSons not Citizens who owe permanent allegiance to the United States, and who may become residents of any State or or- ganized Territory of the United States, with the fol- lowing modifications: The applicant shall not be required to renounce allegiance to any foreign sover- ź 4367 (Tit. 30 NATURALIZATION IPage 6581 eignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years’ residence clause of the existing law. (June 29, 1906, c. 3592, § 30, 34 Stat. 606.) & § 4.367. Citizenship of children of persons maturalized under certain laws—The children. Of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any One Of the States, under the laws thereof, being under the age Of twenty-One years at the time of the Jnaturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born Out Of the limits and jurisdiction. Of the United States, be COnSidered as Citizens thereof. (R. S. § 2172.) (R. S. § 2173. Repealed.) This section provided that the police court of the Dis- trict of Columbia, should have no power to naturalize for- eigners. It was repealed by Act June 29, 1906, c. 3592, § 26 (§ 4381). The courts which should have jurisdiction to naturalize aliens were specified in Section 3 of that act (§ 4351), * § 4368. Final hearing on petition; record of , final order—Every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand Of the court and entered in full upon a record kept for that purpose, and upon such final hearing of Such peti- tion the applicant and witnesses shall be examiried under oath before the court and in the presence Of the court. (June 29, 1906, c. 3592, § 9, 34 Stat. 599.) § 4369. Evidenee of residence—In case the peti- tioner has not resided in the State, Territory, or the District of Columbia for a period of five years con- tinuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his resi- dence within the State, provided that it has been for more than one year, and the remaining portion of his five years’ residence Within the United States re- quired by law to be established may be proved by the depositions of two or more witnesses who are citi- zens Of the United States, upon notice to the Bureau Of Immigration and Naturalization and the United States attorney for the district in which Said wit- nesses may reside. (June 29, 1906, c. 3592, § 10, 34 Stat. 599, amended, May 9, 1918, c. 69, § 3, 40 Stat.) The requirement of this section of notice to take dep- ‘ositions to the United States attorneys was repealed by Act May 9, 1918, c. 69, § 1. See § 4352. § 4370. Appearance by United States and proceedings in opposition—The United States shall have the right to appear before any Court Or Courts exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support Of his petition Con- cerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in Opposition to the granting of any petition in naturalization proceedings. (June 29, 1906, c. 3592, § 11, 34 Stat. 599.) § 4371. Duties of clerks of courts—It is here- by made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters un- der the provisions of this Act to keep and file a du- plicate of each declaration of intention made before him and to send to the Bureau of [Immigration and] Naturalization at Washington, within thirty days aft- er the issuance of a certificate of citizenship, a du- plicate of Such certificate, and to make and keep on file in his office a stub for each Certificate SO issued by him, whereon shall be entered a memorandum of all the essential facts set forth in such certificate. It Shall also be the duty of the clerk of each of said COurts to report to the said Bureau, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturalization, and to furnish to said Bureau dupli- Cates Of all petitions within thirty days after the filing Of the same, and certified copies of such other proceedings and orders instituted in or issued out of Said Court affecting or relating to the naturalization Of aliens as may be required from time to time by the Said Bureau. In Case any such clerk or officer acting under his di- rection shall refuse or neglect to comply with any Of the foregoing provisions he shall forfeit and pay to the United States the sum of twenty-five dollars in each and every case in which such violation or omis- SiOn Occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. -- Clerks of Courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank Certificates of citizenship received by them from time to time from the Bureau of [Immigration and] Naturalization, and shall account for the same to the Said Bureau whenever required so to do by such Bu- reau. No certificate of citizenship received by any Such clerk which may be defaced or injured in such manner as to prevent its use as herein provided shall in any Case be destroyed, but such Certificate shall be returned to the said Bureau; and in case any such Clerk shall fail to return or properly account for any Certificate furnished by the said Bureau, as herein provided, he shall be liable to the United States in the sum Of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. (June 29, 1906, c. 3592, § 12, 34 Stat. 599.) - Text in brackets superseded by § 934. § 4372. Fees—The clerk of each and every court exercising jurisdiction in naturalization Cases shall Charge, Collect, and a CCOunt for the following fees in each proceeding: For receiving and filing a declaration of intention and issuing a duplicate thereof, One dollar. For making, filing, and docketing the petition of an alien for admission as a citizen Of the United States and for the final hearing thereon, two dollars ; and for entering the final Order and the issuance of the certificate of citizenship thereunder, if granted, two dollars. The clerk of any court collecting such fees is here- by authorized to retain One-half of the fees Collected by him in Such naturalization proceeding; the re- maining One-half of the naturalization fees in each Case Collected by Such clerks, respectively, shall be ac- counted for in their quarterly accounts, which they are hereby required to render the Bureau of [Immi- gration and Naturalization, and paid Over to such Bureau within thirty days from the close of each . Quarter in each and every fiscal year, and the mon- eys SO received Shall be paid Over to the disbursing clerk of the Department of [Commerce and] Labor, who shall thereupon deposit them in the Treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and Other De- partments, and the said disbursing clerk shall be held responsible under his bond for said fees so received. In addition to the fees herein required, the petition- er shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of Subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final discharge of such wit- nesses they shall receive, if they demand the same Tit. 30) ź 4375 NATURALIZATION [Page 6591 from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to Such clerk for Such purpose, and the residue, if any, shall be returned by the clerk to the petitioner: Pro- vided, That the clerks of courts exercising jurisdic- tion in naturalization proceedings shall be permitted to retain One-half of the fees in any fiscal year up to the Sulm of three thousand dollars, and that all fees received by such clerks in naturalization proceed- ings in excess of such amount shall be accounted for and paid Over to said Bureau as in Case of other fees to which the United States may be entitled under the provisions Of this Act. The clerks Of the Various ÇOurts exercising jurisdiction in naturalization pro- ceedings shall pay all additional Clerical force that may be required in performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in naturalization proceedings. And in Case the clerk of any court exercising naturalization jurisdiction collects fees in excess of the sum of Six thousand dollars in any fiscal year the Secretary of [Commerce and] Labor may allow salaries, for nat- uralization purposes only, to pay for clerical assist- ance, to be selected and employed by that clerk, ad- ditional to the clerical force, for which clerks of courts are required by this section to pay from fees received by such clerks in naturalization proceedings, if in the TOpinion of said Secretary the naturalization business Of Such clerk Warrants further additional assistance: Provided, That in no event shall the whole amount al- lowed the clerk of a COUrt and his assistants exceed the One-half of the gross receipts of the Office of, said Clerk from naturalization fees during such fiscal year: Provided further, That when, at the Close of any fis- cal year, the business of such clerk of court indicates in the Opinion of the Secretary of [Commerce and La- bor that the naturalization fees for the succeeding fiscal year Will exceed Six thousand dollars the Secre- tary Of [Commerce and] Labor may authorize the COn- tinuance of the allowance of salaries for the addi- tional clerical assistance herein provided for and em- ployed. On the last day of the fiscal year until such time as the remittances indicate in the opinion of said Secretary that the fees for the then current fiscal year will not be sufficient to allow the additional Clerical assistance authorized by this Act. That payment for the additional clerical assistance herein authorized Shall be in the manner and under Such regulations as the Secretary of [Commerce andl Labor may prescribe. (June 29, 1906, c. 3592, § 13, 34 Stat. 600, amended, June 25, 1910, c. 401, § 1, 36 Stat. 829.) Text in brackets superseded by $$ 934, 940. § 4372a. Same—The whole amount allowed for a fiscal year to the clerk of a Court and his assistants from naturalization fees and this appropriation Or any similar appropriation made hereafter shall be based upon and not exceed the One-half of the groSS receipts of said clerk from naturalization fees during the fiscal year immediately preceding, unless the Inaturalization business Of the Clerk Of any Court dur- ing the year shall be in excess Of the naturalization business of the preceding year, in Which event the amount allowed may be increased to an amount equal to One-half the estimated groSS receipts of the Said clerk from naturalization fees during the current fiscal year. (June 12, 1917, c. 27, § 1, 40 Stat. 171.) § 4373. Records of court; reference in certif- icate to record—The declarations of intention and the petitions for naturalization shall be bound in Chronological Order in Separate Volumes, indexed, COn- secutively numbered, and made part of the records Of the Court. Each Certificate of naturalization issued shall bear upon its face, in a place prepared there- for, the volume number and page number of the pe- tition whereon such certificate was issued, and the Volume number and page number of the stub Of Such Certificate. (June 29, 1906, c. 3592, § 14, 34 Stat. 601.) $ 4374. Cancellation of certificates—It shall be the duty of the United States district attorneys for the respective. Öistricts, upon affidavit showing good CauSe therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judi- Cial district in which the naturalized citizen may re- Side at the time of bringing the suit, for the purpose Of Setting aside and canceling the certificate of citizen- Ship On the ground of fraud or on the ground that Such Certificate of citizenship was illegally procured. In any such proceedings the party holding the certifi- Cate Of citizenship alleged to have been fraudulently Or illegally procured shall have sixty days personal notice in which to make answer to the petition of the United States; and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the Service of Summons by publication or upon ab- Sentees by the laws of the State or the place where Such Suit is brought. If any alien who shall have secured a certificate of Citizenship under the provisions of this Act shall, with- in five years after the issuance of such certificate, return to the Country of his nativity, or go to any oth- er foreign Country, and take permanent residence therein, it shall be considered prima facie evidence Of a lack of intention on the part of such alien to be- COme a permanent Citizen Of the United States at the time Of filing his application for citizenship, and, in the absence of Countervailing evidence, it shall be Sufficient in the proper proceeding to authorize the Cancellation of his certificate of citizenship as fraudu- lent, and the diplomatic and Consular Officers of the United States in foreign Countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those with- in their respective jurisdictions who have such cer- tificates of citizenship and who have taken permanent residence in the Country of their nativity, Or in any Other foreign Country, and such statements, duly Cer- tified, Shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship. Whenever any certificate of citizenship shall be set aside Or Canceled, as herein provided, the court in which Such judgment Or decree is rendered shall make an Order Canceling Such Certificate Of Citizen- ship and shall send a certified COpy of such Order to the Bureau Of [Immigration and Naturalization; and in case such certificate was not Originally issued by the court making Such Order it shall direct the Clerk Of the Court to transmit a Copy Of Such Order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty Of the Clerk of the court receiving such certified copy of the Order and judgment of the court to enter the same of record and to cancel such original certificate of Citizenship upon the records and to notify the [Bureau Of Immigration] and Naturalization of such cancellation. The provisions of this section shall apply not only to certificates of Citizenship issued under the provi- Sions of this Act, but to all Cortificates Of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws. (June 29, 1906, c. 3592, § 15, 34 Stat. 601.) Text in brackets superseded by § 934. § 4375. Issuance of certificate of citizenship contrary to law—It is hereby made a felony for any clerk or other person to issue or be a party to the is- Suance Of a Certificate Of Citizenship Contrary to the provisions of this Act, except upon a final order under the hand of a court having jurisdiction to make such Order, and upon COnviction thereof Such clerk Or Other person shall be punished by imprisonment for not more than five years and by a fine Of not more than 3 4376 (Tit. 30 NATURALIZATION [Page 660] five thousand dollars, in the discretion of the court. (June 29, 1906, c. 3592, § 18, 34 Stat. 602.) § 4376. - naturalization proceedings—Any clerk or other of ficer of a court having power under this Act to natu- ralize aliens, who willfully neglects to render true ac- counts of moneys received by him for naturalization proceedings or who willfully neglects to pay Over any balance of Such moneys due to the United States with- in thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the public mon- eys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. (June 29, 1906, c. 3592, § 20, 34 Stat. 602.) - § 4377. Demand or receipt by clerk of fees or moneys other than those specified—It shall be un- lawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in natural- ization proceedings, Or to demand, charge, Collect, Or receive any other or additional fees or moneys in nat- uralization proceedings save the fees and moneys herein specified; and a violation of any of the provi- sions of this section or any part thereof is hereby de- clared to be a misdemeanor and shall be punished by imprisonment for not more than two years, Or by a fine Of not more than one thousand dollars, Or by both such fine and imprisonment. (June 29, 1906, C. 3592, § 21, 34 Stat. 602.) § 4378. False certifications by clerk—The clerk of any court exercising jurisdiction in naturalization proceedings, or any person acting under authority of this Act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or Writing re- quired to be executed under the provisions of this Act, personally appeared before him and was SWOrn thereto, or acknowledged the execution thereof or signed the same, when in fact such petitioner, affiant, or witness did not personally appear before him, Or was not sworn thereto, or did not execute the Same, Or did not acknowledge the execution thereOf, Shall be punished by a fine not exceeding five thousand dol- lars, or by imprisonment not to exceed five years. (June 29, 1906, c. 3592, § 22, 34 Stat. 603.) § 4379. Procuring naturalization illegally; aiding unauthorized proceedings; false testi- mony—Any person who knowingly procures natural- ization in violation of the provisions of this Act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and upon conviction the Court in which such conviction is had shall thereupon adjudge and declare the final Or- der admitting such person to Citizenship void. Juris- diction is hereby conferred on the courts having ju- risdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, ad- Vises, or encourages any person not entitled thereto to apply for or to Secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturaliza- tion proceeding knowingly procures or gives false tes- timony as to any material fact, or who knowingly makes an affidavit false as to any material fact re- quired to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. (June 29, 1906, c. 3592, § 23, 34 Stat. 603.) - - § 4380. Limitation of prosecutions for crimes —No person shall be prosecuted, tried, or punished for any Crime arising under the provisions of this Act unless the indictment is found or the information is filed within five years next after the commission of such Crime. (June 29, 1906, c. 3592, § 24, 34 Stat. 603.) § 4381. Bepeal—Sections twenty-one hundred and Sixty-five, twenty-one hundred and sixty-seven, twenty- one hundred and sixty-eight, twenty-one hundred and Seventy-three, of the Revised Statutes Of the United Embezzlement of moneys received for States of America, and section thirty-nine of chapter One thousand and twelve of the Statutes at Large of the United States of America for the year nineteen hundred and three; and all Acts or parts of Acts in- COnSistent with or repugnant to the provisions of this Act are hereby repealed. (June 29, 1906, c. 3592, § 26, 34 Stat. 603.) § 4382. Forms—Substantially the following forms Shall be used in the proceedings to which they relate: Declaration of Intention. (InValid for all purposes seven years after the date hereof.) , SS: I, -—, aged years, Occupation , do declare on oath (affirm) that my personal description is: Color , Complexion , height , Weight , color of hair , Color of eyes , Other visible distinctive marks ; I Was born in On the day of 3. anno DOmini I now reside at ; I emigrated to the United States of America from On the vessel ; my last foreign residence Wà.S It is my bona fide intention to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particular- ly to , Of which I am now a citizen (subject); I arrived at the (port) of , in the State (Terri- tory or the District of Columbia) of Oil OT about the day of anno Domini ; I am not an anarchist; I am not a polygamist nor a believer in the practice of polygamy; and it is my in- tention in good faith to become a citizen of the Unit- ed States of America and to permanently reside there- in. So help me God. (Original signature of declarant) —. Subscribed and sworn to (affirmed) before me this day of , anno Domini [L. S.] (Official character of attestor.) Petition for Naturalization. Court of In the matter of the petition of admitted as a citizen of the United States Of America. To the Court: The petition of First. My full name is Second. My place of — street, city of or the District of Columbia) of Third. My Occupation is g FOUIrth. I was born On the to be — respectfully shows: residence is number , State (Territory day Of at Fifth. I emigrated to the United States from . , on or about the - day of , anno DOmini , and arrived at the port Of , in the United States, on the vessel Sixth. I decláred my intention to become a citizen Of the United States On the day of at , in the COUlrt Of Seventh. I am — married. My wife's name is She was born in and now resides at I have Children, and the name, date, and place of birth and place of residence of each Of Said children is as follows: ; ; Eighth. I am not a disbeliever in or Opposed to organized government or a member of or affiliated with any organization or body of persons teaching dis- belief in Organized government. I am not a polyga- mist nor a believer in the practice Of polygalmy. I am attached to the principles of the Constitution of the United States, and it is my intention to become a citizen of the United States and to renounce absolute- ly and forever all allegiance and fidelity to any for- eign prince, potentate, state, or SOvereignty, and par- ticularly to , of which at this time I am a citi- Tit. 30) 3 4384. NATURALIZATION [Page 661] Zen (or subject), and it is my intention to reside per- Imanently in the United States. t Ninth. I am able to speak the English language. Tenth. I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since , anno Domini , and in the State (Territory or the District of Columbia) of for One year at least next preceding the date of this petition, to Wit, since day of , anno DOmini e Eleventh. I have not heretofore made petition for Citizenship to any court. (I made petition for citizen- ship to the COUlrt Of at , and the said petition was denied by the said court for the following reasons and causes, to wit, , and the Cause Of Such denial has since been Cured Or re- moved.) Attached hereto , and made a part of this petition are my declaration of intention to become a citizen Of the United States and the certificate from the De- partment of [COmmerce and] Labor required by law. Wherefore your petitioner prays that he may be ad- mº a citizen of the United States Of America. ated (Signature of petitioner) , SS: —, being duly sworn, deposes and Says that he is the petitioner in the above-entitled proceed- ing; that he has read the foregoing petition and knows the contents thereof; that the same is true of its own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me this day , anno DOmini [I. S.] Of Clerk of the Court. Affidavit Of Witnesses. - COUI’t Of In the matter of the petition of — to be ad- mitted a citizen of the United States of America. , SS: —, occupation , residing at 9 and — , occupation , residing at 5 each being severally, duly, and respectively SWOrn, deposes and says that he is a citizen of the United States of America ; that he has personally known —, the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously immediately preceding the date of filing his petition, and of the State (Territory or the District of Columbia) in which the above- entitled application is made for a period of years immediately preceding the date of filing his petition ; and that he has personal knowledge that the said petitioner is a person of good moral Char- acter, attached to the principles of the Constitution of the United States, and that he is in every way Qualified, in his opinion, to be admitted as a citizen Of the United States. SubScribed and SWOrn to before me this day Of , nineteen hundred and [L. S.] —, (Official character of attestor). Certificate of Naturalization. Number e Petition, volume , page Stub, volume , page e (Signature Of holder) —. Description of holder: Age, ; height, ; color, ; Complexion, ; COlor Qf eyes, ; color of hair, ; visible distinguishing marks, Name, age, and place of residence of wife, 5 9 Names, ages, and places of residence of minor children, 3. y ; y y * y 9 9 , SS: - Be it remembered, that 'at a term. Of the COUrt Of , held at On the , in the year of our Lord nineteen hun- day of dred and 9 , who previous to his (her) nat- Ulralization Was a citizen or subject of , at pres- ent residing at number street, city (tOWIn), State (Territory or the District of Columbia), having applied to be admitted a citizen of the United States of America pursuant to law, and the Court having found that the petitioner had re- sided continuously within the United States for at least five years and in this State for One year imme- diately preceding the date of the hearing of his (her) petition, and that said petitioner intends to reside permanently in the United States, had in all respects Complied with the law in relation thereto, and that —he Was entitled to be so admitted, it was thereupon Ordered by the said court that —he be admitted as a Citizen of the United States of America. In testimony whereof the seal of Said court is here- unto affixed. On the day of , in the year Of Our Lord nineteen hundred and , and Of Our independence the IL. S.] (Official character of attestor.) ––Stub of Certifieate of Naturalization. No. of certificate, Name — ; age, º Declaration of intention, volume y page Petition, volume , page e Name, age, and place of residence of wife, 3. 2 e Names, ages, and places of residence of minor Children, 3. 5 ; 3. 3. 3. 5 y e 2 y 3. y 3. 3. Date Of order, VOlume y page' (Signature of holder) (June 29, 1906, c. 3592, § 27, 34 Stat. 603, amended, May 9, 1918, c. 69, § 3, 40 Stat.) Text in brackets superseded by § 940. § 4383. Regulations for execution of law; certified copies of papers as evidence—The Secre- tary of [Commerce and Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various pro- visions of this Act. Certified copies of all papers, doc- uments, certificates, and records required to be used, filed, recorded, or kept under any and all of the pro- visions of this Act shall be admitted in evidence equal- ly with the originals in any and all proceedings under this Act and in all cases in which the Originals there- of might be admissible as evidence. (June 29, 1906, c. 3592, § 28, 34 Stat. 606.) Text in brackets superseded by §§ 934, 940. p § 4384. Certificates failing to show compli- ance with requirements of law validated—Natu- ralization certificates issued after the Act approved March third, nineteen hundred and three, entitled “An Act to regulate the immigration of aliens into the United States,” went into effect, which fail to show that the courts issuing said certificates complied With the requirements of section thirty-nine of Said Act, but which were otherwise lawfully issued, are hereby declared to be as valid as though said Certificates complied with said section: Provided, That in all such cases applications shall be made for new nat- uralization certificates, and when the same are grant- ed, upon compliance with the provisions of said Act of nineteen hundred and three, they shall relate back to the defective Certificates, and citizenship shall be deemed to have been perfected at the date of the defective certificate. (June 29, 1906, c. 3624, § 1, 34 Stat. 630.) - - Act March 3, 1903, c. 1012, § 39, mentioned in this sec- § was repealed by Act June 29, 1906, c. 3592, § 26 (§ TITLE XXXI-THE CENSUS This title of the Revised Statutes included sections 2175-2206 thereof, in which were incorporated provisions of acts for taking previous censuses, principally Act May 23, 1850, c. 11, 9 Stat. 428. It was made applicable to any subsequent census, unless otherwise provided, by the first section of the Title. The entire Title was superseded by Act March 3, 1879, c. 195, 20 Stat. 473, entitled “An act to provide for taking the Tenth and subsequent cen- Suses,” which made similar provisions for the Tenth Census, and the last section of which (20 Stat. 481, § 24) repealed all laws and parts of laws inconsistent with the provisions of the act, and provided that “all censuses Sub- Sequent to the Tenth Census shall be taken in accordance with the provisions of this act, unless Congress shall here- after otherwise provide.” But that act was in like man- ner superseded by Act March 1, 1889, c. 319, entitled “An act to provide for taking the Eleventh and Subse- quent censuses,” 25 Stat. 760, the last section of which (25 Stat. 767, § 25) expressly repealed Act March 3, 1879, c. 195, and all laws and parts of laws inconsistent With its own provisions, and provided that “all censuses Sub- sequent to the Eleventh census shall be taken in accord- ance with the provisions of this act, unless Congress shall hereafter otherwise provide.” That act was in turn Super- seded by Act March 3, 1899, c. 419, 30 Stat. 1014, entitled “An act to provide for taking the Twelfth and Subse- quent censuses,” the last section of which (30 Stat. 1021, $ 33) expressly repealed Act March 1, 1889, c. 319, and all laws and parts of laws inconsisterit with its own provi- sions; but this latest act, unlike the previous acts men- tioned, contained no provision relating to subsequent cen- suses, and, by a proviso to section 2 thereof, “nothing herein contained shall be construed to establish a Census Bureau permanent beyond the Twelfth Census’’ (30 Stat. 1014), and said act was repealed by Act July 2, 1909, C. 2, § 33 (§ 4419). . A permanent Census Office_Was estab- lished by Act March 6, 1902, c. 139, 32 Stat. 51, and pro- visions for taking the Thirteenth and Subsequent decen: nial censuses were made by Act July 2, 1909, c. 2, , 36 Stat. 1. This Title includes the provisions of said Act March 6, 1902, c. 139, and Act July 2, 1909, c. 2, relating to the taking of the census and matters incidental there- to, and subsequent provisions amendatory thereof or ad- ditional thereto. Other provisions of said acts and other acts relating to the Census Office are set forth ante, un- der Title xíIA, “The Department of Commerce,” Chap- ter G. Sec. 4385. Times for taking CenSUS. 4386. Decennial census period. 4387. Scope of Thirteenth Census; schedules. 4388. Same; schedules, relating to population. 4.389. Special statistics; special agents. 4390. Vital statistics. & 4391. Statistics of manufactures and cotton production. 4392. Same; co-operation with state officials. 4393. Supervisors of census; appointment. 4394. Same; duties. - 4395. Same; compensation. 4396. Enumerators; duties. 4397. Enumeration districts; . 4398. Enumerators; removal; meration. 4399. Interpreters. 4400. Enumerators; compensation. - 4401. Death of supervisor or enumerator. assignments of enumerators. incomplete or erroneous enu- 4402. Special agents; appointment; authority; compensa- tion. 4403. Same; authority; compensation, etc. 4404, Same; compensation. . - 4405. Oath of supervisors and other employés; appointment or employment. - - 4406. Date for taking enumeration; pletion. 4407. Receiving compensation for appointment or employment of supervisor or other employé. 4408. Offenses by census officials. 4409. Answering questions; refusal. . 4. 4410. Owner or officer of manufacturing establishment to an- swer questions; refusal. 4411. Same; information to be used only for statistical pur- poses. 4412. Enforcement of fines and penalties. 4413. Expenditures; authorization by Director of Census. 4414, Census printing office abolished; printing by Public Printer. 4415. Printing by Public Printer. 4416. Information from other Departments or Offices. 4417. [Repealed.] w 4418. Certified copies of certain returns furnished to Gov- * ernors, courts and individuals. 4419. Repeal. 4420. Publication of names of heads of families returned in First Census. - Division of Cotton and tobacco statistics. 4421. Tobacco statistics; semi-annual reports. 4422. Same; types of tobacco to be specified. commencement and com- 4425. Same; Sec. 4423. Same; 4424. Same; reports required; false reports. ‘‘person” defined, 4426. Same; information used only for statistical purposes. failure to report. 4427. Same; co-operation of Commissioner of Internal Rey- o €Illie. 4428. Same; publication. 4428a. Same; information by mail or by special agents. 4429. Cotton statistics; additional statistics. 4430. Same; periods for quantity of cotton ginned. 4431. Same; information confidential; penalty for divulging. OWners and Officers of cotton ginneries to fur- 4432. Same; - nish information. 4433. Same; compilation of information concerning produc- tion in foreign countries. 4434. Same; repeal. 4434a. Monthly statistics of cotton seed and products thereof. 4434b. Same; information; confidential. 4434C. Same; information to be furnished by owners of cot- tonseed-oil mills. * 4434d. Same; raw and prepared cotton and linters, cotton Waste, and hull fiber used in explosives. (R. S. §§ 2175–2206. Superseded.) See note at beginning of this Title. § 4385. Times for taking census—A census of the population, agriculture, manufactures, and mines and quarries of the United States shall be taken by the Director Of the Census in the year nineteen hun- dred and ten and every ten years thereafter. The census herein provided for shall include each State and Territory on the mainland of the United States, the District of Columbia, and Alaska, Hawaii, and Porto Rico. (July 2, 1909, c. 2, § 1, 36 Stat. 1.) § 4386. Decennial census period—The period of three years beginning the first day of July next pre- ceding the census provided for in section one of this Act shall be known as the decennial Census pe- riod, and the reports upon the inquiries provided for in said section shall be completed and published with- in such period. (July 2, 1909, c. 2, § 2, 36 Stat. 2.) § 4387. Scope of Thirteenth Census; sched- ules—The Thirteenth Census Shall be restricted to in- quiries relating to population, to agriculture, to man- ufactures, and to mines and quarries. The schedules relating to population shall include for each inhabit- ant the name, relationship to head of family, Color, sex, age, conjugal condition, place of birth, place of birth of parents, number of years in the United States, citizenship, occupation, whether or not employer or employee, and, if employee, whether Or not employed at the date of enumeration and the number of months unemployed during the preceding Calendar year, Whether or not engaged in agriculture, school attend- ance, literacy, and tenure of home and Whether Or not a survivor of the Union. Or Confederate Army Or Navy; and the name and address of each blind or deaf and dumb perSOn ; and for the enumeration of insti- tutions, shall include paupers, prisoners, juvenile de- linquents, insane, feeble-minded, blind, deaf and dumb, and inmates Of benevolent institutions. * The Schedules relating to agriculture shall include name, Color and Country of birth of OCCupant of each farm, tenure, acreage of farm, acreage of land under irrigation, acreage of Woodland and character of timber thereon, value of farm and improvements, val- ue of farm implements, number and Value of live Stock On farms and ranges, number and value of do- mestic animals not on farms and ranges, and the acre- age of Crops planted and to be planted during the year Of enumeration, and the acreage of Crops and the quantity and value Of Crops and other farm prod- ucts for the year ending December thirty-first next preceding the enumeration. The schedules of inquiries relating to manufactures and to mines and quarries shall include the name and location of each establishment; character of organiza- tion, whether individual, cooperative, or other form ; character of business or kind of goods manufactured; amount of capital actually invested; number of pro- IPage 662] - - Tit. 31) 3 4892 TEIE CENSUS [Page 663] prietors, firm members, copartners, stockholders, and Officers and the amount of their salaries; number of employees and the amount of their wages; quantity and COSt Of materials used in manufactures; amount Of miscellaneous expenses; quantity and value of products; time in Operation during the census year; Character and quantity of power used, and character and number of machines employed. Inquiries shall also be made as to the location and character of ir- rigation enterprises; quantity of land irrigated in the arid region of the United States and in each State and County in that section under state and federal laws ; the price at which these lands, including water right, are Obtainable ; the character and value of CropS produced on irrigated lands, the amount of wa- ter used per acre for said irrigation and whether it Was obtainable from national, state, or private works; the location of the various projects and method of Construction with facts as to their physical condition; the amount of capital invested in such irrigation Works. - The census of manufactures and of mines and quar- Ties Shall relate to the year ending December thirty- first next preceding the enumeration of population and Shall be confined to mines and quarries and manu- facturing establishments which were in active opera- tion during all or a portion of that year. The cen- Sus of manufactures shall furthermore be confined to manufacturing establishments conducted under what is known as the factory system, exclusive of the so- called neighborhood household and hand industries: Provided, That the census shall also include an enu- meration of the number of cattle, calves, sheep, lambs, hogs, goats, and kids slaughtered for food purposes, and all hides produced, whether taken from animals Slaughtered for food purposes or otherwise, during the year next preceding the year of the enumeration of population, irrespective of the character of the establishment in which slaughtered or produced. The inquiry concerning manufactures shall cover the production of turpentine and rosin, and the report COncerning this industry shall show, in addition to the other facts covered by the regular schedule of manufactures, the quantity and quality of turpentine and rosin manufactured and marketed, the sources, methods, and extent of the industry. Whenever he shall deem it expedient, the Direc- tor Of the Census may charge the collection of these Statistics upon special agents or upon detailed em- ployees, to be employed without respect to locality. The form and subdivision of inquiries necessary to Secure the information under the foregoing topics Shall be determined by the Director of the Census. (July 2, 1909, c. 2, § 8, 36 Stat. 3, amended, Feb. 25, 1910, c. 63, 36 Stat. 227.) § 4388. Same; schedules relating to popula- tion-The schedules relating to population for the Thirteenth Decennial Census, in addition to the in- Quiries required by the Act entitled “An Act to amend Section eight of an Act to provide for the Thirteenth and Subsequent decennial censuses, approved July Second, nineteen hundred and nine,” approved Feb- ruary twenty-fifth, nineteen hundred and ten, shall provide inquiries respecting the nationality or mother tongue Of all persons born in foreign countries, and of the nationality or mother tongue of parents of for- eign birth of persons enumerated. (March 24, 1910, No. 17, 36 Stat. 877.) § 4.389. Special statistics; special agents—Aft- er the completion and return of the enumeration and Of the work upon the schedules relating to the prod- licts Of agriculture and to manufacturing and mechan- ical establishments provided for in section seven of the Act of March third, eighteen hundred and ninety- nine, entitled “An Act to provide for taking the TWelfth and subsequent censuses,” the Director of the Census is hereby authorized decennially to col- lect statistics relating to the defective, dependent, and delinquent classes; to crime, including judi- Cial statistics pertaining thereto, provided that such Statistics shall include information upon the fol- lowing questions, namely: Age, sex, color, race, na- tivity, parentage, literacy by race, color, nativity, and parentage, and such other questions relating to these Subjects as the Director in his discretion may deem proper; to social statistics of Cities; to public indebtedness, valuation, taxation, and expen- ditures; to religious bodies; to transportation by water, and express business; to mines, mining, quar- ries, and minerals, and the production and value there- of, including gold in divisions of placer and vein, and silver mines, and the number of men employed, the average daily wage, average working time, and ag- gregate earnings in the various branches and afore- said divisions of the mining and quarrying industries; to savings banks and other savings institutions, mOrt- gage, loan, and investment companies, and similar in- stitutions; to the fishing industry in cooperation With the Bureau of Fisheries; and every five years to col- lect statistics relating to street railways, electric light and power, telephone, and telegraph business. And the Director of the Census shall prepare schedules Con- taining such interrogatories as shall in his judgment be best adapted to elicit the information required under the subjects, with such specifications, divisions, and particulars under each head as he shall deem neces- Sary to that end ; and all reports prepared under the provisions of this section shall be designated as “Spe- Cial Reports of the Census Office.” For the purpose of securing the statistics required by this section the Director of the Census may appoint special agents when necessary, and such special agents shall receive Compensation as hereinafter provided. (March 6, 1902, c. 139, § 7, 32 Stat. 52, amended, June 7, 1906, c. 3048, 34 Stat. 218.) $ 4390. Vital statisties—There shall be a col- lection of the statistics of the births and deaths in registration areas for the year nineteen hundred and two, and annually thereafter, the date for which shall be obtained Only from and restricted to such registra- tion records of Such States and municipalities as in the discretion of the Director possess records afford- ing Satisfactory data in necessary detail, the compen- sation for the transcription of which shall not ex- Ceed four cents for each birth or death reported ; Or a minimum Compensation of twenty-five dollars may be allowed, in the discretion of the Director, in States Or cities registering less than five hundred deaths or five hundred births during the preceding year. (March 6, 1902, c. 139, § 8, 32 Stat. 52, amended, April 27, 1904, c. 1626, 33 Stat. 362.) $ 4391. Statistics of manufactures and cot- ton production—In the year nineteen hundred and five, and every ten years thereafter, there shall be a Collection of the statistics of manufactures, COnfined to manufacturing establishmentS COnducted under What is known as the factory System, exclusive Of the SO-Called neighborhood and mechanical industries; and the Director is hereby authorized to prepare such Schedules as in his judgment may be necessary to car- ry Out the provisions Of this section ; and that in ad- dition to the statistics now provided for by law the Di- rector Of the Census shall annually Collect the sta- tistics Of the Cotton production of the Country as re- turned by the ginners and bulletins giving the results Of the same shall be issued weekly beginning Septem- ber first of each year and continued till February first following ; and that the Director of the Census shall make, from time to time, any additional special col- lections of statistics relating to any branch of agri- Culture, manufacture, mining, transportation, fisheries, or any other branch of industry that may be required of him by Congress. (March 6, 1902, c. 139, § 9, 32 Stat. 52.) s See §§ 4420a, 4429–4434. $ 4392. Same; co-operation with state offi- cials—The Director of the Census is hereby author- ized and empowered to co-operate with the Secretary ź 4393 (Tit. 31 THE CENSUS IPage 6641 of State of the State of Michigan in taking the cen- SuS Of manufactures and shall equitably share the ex- penses thereof, the results of which may be accepted by the United States as its Census Of manufactures for that State for the year nineteen hundred and five: Provided, That the expenditures incident to this co- Operation shall not exceed twenty thousand dollars, Such expenditures to be paid from the fund appro- priated for the expenses of the field work of the Cen- SuS for the fiscal year ending June thirtieth, nineteen hundred and five. And the Director of the Census Inay, in his discretion, CO-Operate with the Officials of other States which take a like census in so far as it may aid in the Collection of statistics of manufactures required by existing law. (March 1, 1904, c. 388, 33 Stat. 58.) - - - $ 4393. Supervisors of census; appointment— The Director of the Census shall, at least six months Drior to the date fixed for commencing the enumera- tion at the Thirteenth and each succeeding decennial Census, designate the number, whether one or more, Of Supervisors of census for each State and Territory, the District of Columbia, Alaska, and Porto Rico, and Shall define the districts within which they are to act ; except that the Director of the Census, in his discretion, need not designate supervisors for Alaska and the Territory of Hawaii, but in lieu thereof may employ Special agents as hereinafter provided. The Supervisors shall be appointed by the President, by and With the advice and consent of the Senate: Pro- Vided, That the whole number of supervisors shall not exceed three hundred and thirty : And provided fur- ther, That so far as practicable and desirable the boundaries of the supervisors’ districts shall conform to the boundaries of the congressional districts: And provided further, That if in any Supervisor’s district the Supervisor has not been appointed and qualified ninety days preceding the date fixed for the com- mencement of the enumeration, or if any vacancy shall Occur thereafter, either through death, removal, or Tesignation of the supervisor, or from any other cause, the Director of the Census may appoint a temporary SuperVisor Or detail an employee of the Census Office to act as supervisor for that district. (July 2, 1909, c. 2, § 9, 36 Stat. 4.) $ 4394. Same; duties—Each Supervisor of census Shall be charged with the performance, within his OWn district, of the following duties: To consult with the Director of the Census in regard to the division of his district into subdivisions most convenient for the purpose Of the enumeration, which subdivisions or enu- meration districts shall be defined and the boundaries thereof fixed by the Director of the Census; to desig- nate to the Director suitable persons, and, with his Consent, to employ such persons as enumerators, one Or more for each Subdivision ; to Communicate to enu- merators the necessary instructions and directions re- lating to their duties ; to examine and Scrutinize the returns of the enumerators, and in the event of dis- crepancies or deficiencies appearing in any of the said returns to use all diligence in Causing the same to be corrected or supplied ; to forward the completed returns of the enumerators to the Director at such time and in Such manner as shall be prescribed, and to make up and forward to the Director the accounts Of each enumerator in his district for service render- ed, which accounts shall be duly certified to by the enumerator, and the same shall be certified as true and correct, if so found, by the supervisor, and said accounts so certified shall be accepted and paid by the Director. The duties imposed upon the Supervisor by this Act shall be performed in any and all partic- ulars in accordarice with the Orders and instructions of the Director of the Census. (July 2, 1909, c. 2, § 10, 36 Stat. 5.) - - $ 4395. Same; compensation—Each Supervisor Of the Census shall, upon the COmpletion Of his duties to the satisfaction of the Director. Of the Census, re- ceive the sum of one thousand five hundred dollars and, in addition thereto, one dollar for each thousand or majority fraction of a thousand of population enu- merated in his district, such sums to be in full Com- pensation for all services rendered and expenses in- Curred by him: Provided, That of the above-named Compensation a sum not to exceed six hundred dollars, in the discretion of the Director of the Census, may be paid to any supervisor prior to the completion of his duties in One or more payments, as the Director of the Census may determine: Provided further, That in emergencies arising in Connection with the work of preparation for, or during the progress of, the enumeration in his district, or in Connection with the reenumeration of any subdivision, a supervisor may, in the discretion of the Director of the Census, be: al- lowed actual and necessary traveling expenses and an allowance in lieu of subsistence not exceeding four dollars per day during his necessary absence from his usual place of residence: And provided further, That an appropriate allowance to supervisors for clerk hire may be made when deemed necessary by the Director of the Census. (July 2, 1909, c. 2, § 11, 36 Stat. 5.) $ 4396. Enumerators; duties—Each enumerator shall be charged with the Collection in his subdivi- sion of the facts and statistics required by the popu- lation and agricultural Schedules and Such Other Schedules as the Director of the Census may deter- mine shall be used by him in Connection with the census, as provided in section eight of this Act. It Shall be the duty of each enumerator to visit perSOn- ally each dwelling house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made Of the head of each family, Or. Of the member thereof deemed most competent and trustworthy, or of such in- dividual living Out of a family, to obtain each and every item of information and all particulars required by this Act as of date April fifteenth of the year in which the enumeration shall be made ; and in Case no person shall be found at the usual place of abode Of such family, or individual living out of a family, com- petent to answer the inquiries made in COmpliance with the requirements of this Act, then it shall be law- ful for the enumerator to obtain the required informa- tion as nearly as may be practicable from families or persons living in the neighborhood Of Such place Of abode. It shall be the duty also of each enumerator to forward the original schedules, properly filled out and duly certified, to the Supervisor of his district as his returns under the provisions of this Act ; and in the event of discrepancies or deficiencies being discovered in these schedules he shall use all diligence in Correct- ing or supplying the same. In case an enumeration district embraces all or any part of any incorporated borough, village, town, or city, and also other terri- tory not included within the limits of such incorporat- ed borough, village, town, or city, it shall be the duty Of the enumerator to clearly and plainly distinguish and separate, upon the population schedules, the inhab- itants of such borough, village, town, or city from the inhabitants Of the territory not included therein. No enumerator shall be deemed qualified to enter upon his duties until he has received from the Supervisor of the district to which he belongs a Commission, Sign- ed by the supervisor, authorizing him to perform the duties of an enumerator, and setting forth the bound- aries of the Subdivision within which Such duties are to be performed. (July 2, 1909, c. 2, § 12, 36 Stat. 5.) $ 4397. Enumeration districts; assignments of enumerators—The territory assigned to each su- pervisor shall be divided into as many enumeration districts as may be necessary to Carry out the pur- poses of this Act, and, in the discretion of the Direc- tor of the Census, two or more enumeration districts may be given to One enumerator, and the boundaries Of all the enumeration districts shall be clearly de- scribed by civil divisions, rivers, roads, public surveys, or other easily distinguishable lines: Provided, That enumerators may be assigned for the Special enumera- Tit. 31) 3 4404 THE CENSUS [Page 6651 tion of institutions, when desirable, without reference to the number of inmates. (July 2, 1909, c. 2, § 13, 36 Stat. 6.) $ 4398. Enumerators; removal; incomplete or erroneous enumeration—Any Supervisor Of Cen- Sus may, with the approval of the Director of the Census, remove any enumerator in his district and fill the Vacancy thus caused or otherwise Qccurring. Whenever it shall appear that any portion of the cen- SuS provided for in this Act has been negligently Or improperly taken, and is by reason thereof incomplete Or erroneous, the Director of the Census may cause Such in Complete and unsatisfactory enumeration and Census to be amended or made anew. (July 2, 1909, c. 2, § 14, 36 Stat. 6.) $ 4399. Interpreters—The Director of the Cen- SuS may authorize and direct supervisors of Census to employ interpreters to assist the enumerators of their respective districts in the enumeration of persons not Speaking the English language, but no authoriza- tion shall be given for such employment in any dis- trict until due and proper effort has been made to se- Cure an enumerator who can speak the language or languages for which the services of an interpreter WOuld. Otherwise be required. The compensation of such interpreters shall be fixed by the Director of the Census in advance, and shall not exceed five dollars per day for each day actually-and-necessarily employ- ed. (July 2, 1909, c. 2, § 15, 36 Stat. 6.) § 4400. Enumerators; compensation—The com- pensation of enumerators shall be determined by the Director of the Census as follows: In Subdivisions Where he shall deem Such remuneration Sufficient, an allowance of not less than two nor more than four cents for each inhabitant; not less than twenty nor more than thirty cents for each farm reported ; ten Cents for each barn and inclosure containing live stock not on farms, and not less than twenty nor more than thirty cents for each establishment of pro- ductive industry reported. In other subdivisions the Director Of the Census may fix a mixed rate of not less than One nor more than two dollars per day and, in addition, an allowance of not less than one nor more than three cents for each inhabitant enumerated, and not less than fifteen nor more than twenty cents for each farm and each establishment of productive industry reported. In other subdivisions per diem rates shall be fixed by the Director according to the difficulty of enumeration, having special reference to the regions to be canvassed and the sparsity of settle- ment or other considerations pertinent thereto. The Compensation allowed to an enumerator in any such district Shall be not less than three nor more than six dollars per day of eight hours actual field work, and no payment shall be made for time in excess of eight hours for any One day. The Subdivisions or enu- meration districts to which the several rates of Com- pensation shall apply shall be designated by the Di- rector of the Census at least two weeks in advance Of the enumeration. No Claim for mileage or traw- eling eXpenses shall be allowed any enumerator in either class of Subdivisions, except in extreme cases, and then only when authority has been previously granted by the Director Of the Census; and the deci- sion of the Director as to the amount due any enu- merator shall be final. (July 2, 1909, c. 2, § 16, 36 Stat. 6.) § 4401. Death of supervisor or enumerator— In the event of the death of any supervisor or enumer- ator after his appointment and entrance on his du- ties, the Director of the Census is authorized to pay to his widow or his legal representative such sum as he may deem just and fair for the services rendered by such supervisor or enumerator. (July 2, 1909, c. 2, § 17, 36 Stat. 7.) § 4402. Special agents; appointment; au- thority; compensation—Special agents may be ap- pointed by the Director of the Census to carry out the provisions of this Act and of the Act to provide for a permanent Census Office approved March sixth, nineteen hundred and two, and Acts amendatory there- of or Supplementary thereto. The special agents thus appointed shall have like authority with the enumer- ators in respect to the subjects committed to them un- der this Act, and shall receive compensation at rates to be fixed by the Director of the Census: Provided, That the Same shall in no case exceed six dollars per day and actual necessary traveling expenses, and an allowance in lieu of subsistence not exceeding three dollars per day during necessary absence from their usual place of residence: Provided further, That no pay Or allowance in lieu of subsistence shall be al- lowed special agents when employed in the Census Of- fice on other than the special work committed to them, and no appointments of special agents shall be made for clerical work: And provided further, That the Director of the Census shall have power, and is hereby authorized, to appoint special agents to assist the supervisors whenever he may deem it proper, in Connection with the work of preparation for, or dur- ing the progress of, the enumeration or in connection with the reenumeration of any district or a part there- of ; or he may, in his discretion, employ for this pur- pose any of the permanent or temporary employees of the Census Office: And provided further, That the Director of the Census may, in his discretion, fix the Compensation of special agents on a piece-price basis Which may include a minimum and maximum rate of per diem COmpensation to be fixed by him, the maxi- mum rate in Such cases not to exceed an average of Six dollars per diem for the period of employment, and actual necessary traveling expenses and an allow- ance in lieu of Subsistence not exceeding three dol- lars per diem during necessary absence from their usual place of residence. (July 2, 1909, c. 2, § 18, 36 Stat. 7, amended, Feb. 15, 1910, No. 9, 36 Stat. S74.) Act, March 6, 1902, c. 139, mentioned in this section, see §§ 909-911, 4389-4391. Section 10 of said act, ameriding Act March 3, 1899, c. 419, § 17, was to a great extent superseded by this section, and said Act March 3, 1899, c. 419, was wholly repealed by § 4419. § 4403. " Same; authority; compensation, etc.— Section seventeen of the act of March third, eighteen hundred and ninety-nine, is hereby amended SO as to read as follows: “Sec. 17. That the special agents appointed under the provisions of this Act have like authority with the enumerators in respect to the Subjects Committed to them under this Act and shall receive Compensa- tion at rates to be fixed by the Director of the Cen- Sus: Provided, That the same shall in no Case exceed six dollars per day and actual necessary traveling expenses and an allowance in lieu of Subsistence not exceeding three dollars per day during their neces- sary absence from their usual place of residence: And provided further, That no pay or allowance in lieu of Subsistence shall be allowed Special agents when employed in the Census Office on other than the special work committed to them, and no appointments of special agents shall be made for clerical work: And provided further, That the Director of the Census is hereby authorized in his discretion to employ the clerical force of the Census Office for such field work as may be required to Carry Out the provisions Of SeC- tions Seven, eight, and nine, in lieu of employing spe- cial agents for that purpose; and such employees when SO employed shall be allowed, in addition to their regular compensation, actual necessary traveling expenses and an allowance in lieu of subsistence not exceeding three dollars per day during their neces- sary absence from the Census Office. All employees of the Census Office shall be citizens Of the United States.” (March 6, 1902, c. 139, § 10, 32 Stat. 53.) Act March 3, 1899, c. 419, § 17, amended by this section, was repealed by Act July 2, 1909, c. 2, § 33 (§ 4419). The provisions of the original section were re-enacted, and those of this section were to a great extent super- seded, by § 4402. § 4404. Same; the Census may fix compensation—The Director of the compensation Of not to exceed 3 4404 (Tit. 31 THE CENSUS [Page 666] twenty of the special agents provided for in section eighteen of “An Act to provide for the thirteenth and subsequent decennial censuses,” approved July sec- ond, nineteen hundred and nine, at an amount not to exceed eight dollars per day: Provided, That such Special agents shall be persons of known and tried ex- perience in statistical work. (Aug. 5, 1909, c. 7, 36 Stat. 126.) - See § 4402. § 4405. Oath of supervisors, and other emi- ployés; appointment or employment—EVery Su- pervisor, supervisor’s clerk, enumerator, interpreter, Special agent, or other employee shall take and Sub- scribe to an oath or affirmation, to be prescribed by the Director of the Census. All appointees and em- ployees provided for in this Act shall be appointed Or employed, and examined, if examination is required by this Act, solely with reference to their fitness to perform the duties required of them by the provisions of this Act, and without reference to their political party affiliations. (July 2, 1909, c. 2, § 19, 36 Stat. 7.) § 4406. Date for taking enumeration; com- mencement and completion—The enumeration of the population required by section one of this Act shall be taken as of the fifteenth day of April; and it shall be the duty of each enumerator to Commence the enumeration of his district on that day, unless the Director of the Census in his discretion Shall defer the enumeration in said district by reason of Climat- ic or other conditions which would materially inter- fere with the proper conduct of the work; but in any event it shall be the duty of each enumerator to pre- pare the returns hereinbefore required to be made, ex- cept those relating to paupers, prisoners, juvenile de- linquents, insane, feeble-minded, blind, deaf and dumb, and inmates of benevolent institutions, and to for Ward the same to the supervisor of his district, within thirty days from the commencement of the enumeration of his district: Provided, That in any city having five thousand inhabitants or more under the preceding census the enumeration of the population Shall be commenced on the fifteenth day of April aforesaid and shall be completed within two weeks thereafter. (July 2, 1909, c. 2, § 20, 36 Stat. 7.) gº § 4407. Receiving compensation for appoint- ment or employment of supervisor, or other emi- ployé—If any person shall receive or Secure to him- self any fee, reward, or compensation as a Considera- tion for the appointment or employment Of any person as supervisor, enumerator or clerk or other employee, or shall in any way receive or secure to himself any part of the compensation paid to any SuperVisor, enu- merator or clerk or other employee, he shall be deem- ed guilty of a misdemeanor, and upon conviction there- of shall be fined not more than three thousand dol- lars and be imprisoned not more than five years. (July 2, 1909, c. 2, § 21, 36 Stat. 8.) § 4408. Offenses by census officials—Any super- visor, supervisor’s clerk, enumerator, interpreter, Spe- cial agent, or other employee, who, having taken and Subscribed the oath of office required by this Act, shall, without justifiable cause, neglect Or refuse to perform the duties enjoined on him by this Act, shall be deemed guilty of a misdemeanor, and upon Convic- tion thereof shall be fined not exceeding five hundred dollars; or if he shall, without the authority of the Director Of the Census, publish or communicate any information coming into his possession by reason of his employment under the provisions Of this Act, Or the Act to provide for a permanent Census Office, or Acts amendatory thereof or Supplemental thereto, he shall be guilty of a misdemeanor and shall upon Con- viction thereof be fined not to exceed One thousand dollars, or be imprisoned not to exceed two years, or both so fined and imprisoned, in the discretion of the Court; Or if he shall willfully and knowingly swear to or affirm falsely, he shall be deemed guilty of per- jury, and upon conviction thereof shall be imprisoned not exceeding five years and be fined not exceed- ing two thousand dollars; or if he shall willfully and knowingly make a false certificate or a ficti- tious return, he shall be guilty of a misdemeanor, and upon conviction of either of the last-named Of- fenses he shall be fined not exceeding two thousand dollars and be imprisoned not exceeding five years; Or if any person who is Or has been an enumerator shall knowingly or willfully furnish, or cause to be furnished, directly or indirectly, to the Director of the Census, or to any supervisor Of the Census, any false statement or false information with reference to any inquiry for which he was authorized and re- Quired to collect information, he shall be guilty of a misdemeanor, and upon Conviction thereof shall be fined not exceeding two thousand dollars and be im- prisoned not exceeding five years. (July 2, 1909, c. 2, § 22, 36 Stat. 8.) - § 4409. Answering questions; refusal-It shall be the duty Of all persons Over twenty-One years of age when requested by the Director Of the Census, or by any supervisor, enumerator, or special agent, Or other employee of the Census Office, acting under the instructions of the said Director, to answer COrrect- ly, to the best of their knowledge, all questions on the census schedules applying to themselves and to the family to which they belong or are related, and to the farm or farms of which they or their families are the Occupants; and any person Over twenty-One years of age who, under the conditions hereinbefore Stated, shall refuse or willfully neglect to answer any of these questions, or shall willfully give answers that are false, shall be guilty of a misdemeanor, and up- On Conviction thereof shall be fined not exceeding One hundred dollars. i. And it shall be the duty of every owner, proprietor, manager, superintendent, or agent of a hotel, apart- ment house, boarding or lodging house, tenement, Or other building, when requested by the Director of the Census, or by any supervisor, enumerator, Spe- cial agent, or other employee of the Census Office, act- ing under the instructions Of the Said Director, to furnish the names of the Occupants Of Said hotel, apartment house, boarding or lodging house, tene- ment, or Other building, and to give thereto free in- gress and egress to any duly accredited representa- tive Of the Census Office, so as to permit Of the Col- lection of statistics for census purposes including the proper and correct enumeration of all persons having their usual place of abode in Said hotel, apartment house, boarding or lodging house, tenement, or other building; and any owner, proprietor, manager, Su- perintendent, or agent of a hotel, apartment house, boarding or lodging house, tenement, Or other build- ing who shall refuse or willfully neglect to give Such information or assistance under the Conditions here- inbefore stated shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars. (July 2, 1909, c. 2, § 23, 36 Stat. 8.) § 4410. Owner or officer of manufacturing establishment to answer questions; refusai— It shall be the duty of every owner, president, treas- urer, secretary, director, or other officer or agent of any manufacturing establishment, mine, quarry, or other establishment or productive industry, whether Conducted as a COrporation, firm, limited liability Company, or by private individuals, When requested by the Director of the Census or by any supervisor, enumerator, special agent, or other employee of the Census Office acting under the instructions of the said Director, to answer completely and correctly to the best of his knowledge all questions On any Census Sched- ule applying to such establishment; and any owner, president, secretary, director, or other officer or agent of any manufacturing establishment, mine, quarry, or Other establishment of productive industry, who under the conditions hereinbefore stated shall re- Tit. 31) 3 4421 THE CENSUS [Page 667] fuse Or willfully neglect to answer any of these ques- tions, Or shall Willfully give answers that are false, shall be guilty of a misdemeanor, and upon convic- tion thereOf Shall be fined not exceeding ten thousand dollars, or imprisoned for a period not exceeding One year, Or both SO fined and imprisoned, at the discre- tion of the court. The provisions of this section shall also apply to the Collection of the information requir- ed and authorized by the Act entitled “An Act to pro- Wide for a permanent Census Office,” and by Acts amendatory thereof or supplemental thereto. (July 2, 1909, c. 2, § 24, 36 Stat. 9.) Act March 6, 1902, c. 139, and acts amendatory thereof or supplemental thereto, see §§ 909-920, 4389-4391. § 4411. Same; information to be used only for statistical purposes—The information furnished under the provisions of the next preceding Section shall be used only for the statistical purposes for which it is supplied. No publication shall be made by the Census Office whereby the data furnished by any particular establishment can be identified, nor shall the Director of the Census permit anyone Other than the sworn employees of the Census Office to ex- amine the individual reports. (July 2, 1909, c. 2, § 25, 36 Stat. 9.) § 4412. Enforcement of fines and penalties- All fines and penalties imposed by this Act may be enforced by indictment or information in any Court of competent jurisdiction. (July 2, 1909, c. 2, § 26, 36 Stat. 9.) § 4413. Expenditures; authorization by Di- rector of Census—The Director of the Census may authorize the expenditure of necessary Sums for the actual and necessary traveling expenses of the Of- ficers and employees of the Census Office, including an allowance in lieu of subsistence not exceeding four dollars per day during their necessary absence from the Census Office, or, instead of such an allowance, their actual subsistence expenses, not exceeding five dollars per day; and he may authorize the incidental, miscellaneous, and contingent expenses necessary for the carrying out of this Act, as herein provided, and not otherwise, including advertising in newspapers, the purchase of manuscripts, books of reference and periodicals, the rental of sufficient quarters in the District of Columbia or elsewhere and the furnishing thereof, and expenditures necessary for the Compiling, printing, publishing, and distributing the results of the Census, and purchase of necessary paper and Other supplies, the purchase, rental, Construction, and re- pair of mechanical appliances, the compensation of such permanent and temporary clerks as may be em- ployed under the provisions of this Act and the Act es- tablishing the permanent Census Office and Acts amend- atory thereof or supplemental thereto, and all other expenses incurred under authority Conveyed in this Act. (July 2, 1909, c. 2, § 27, 36 Stat. 9.) § 4414. Census printing office abolished; printing by Public Printer—The printing office es- tablished in the Census Office is hereby abolished to take effect July first, nineteen hundred and two, and the Outfit and equipment therein shall be turned Over to the Public Printer; and the Director of the Census is hereby authorized and directed to have printed, pub- lished, and distributed, from time to time, bulletins and reports of the preliminary and other results of the various investigations authorized by law; and all of said printing and binding shall be done by the Public Printer at the Government Printing Office. (March 6, 1902, c. 139, § 11, 32 Stat. 53.) § 4415. Printing by Public Printer—The Di- rector of the Census is hereby authorized to make requisition upon the Public Printer for such printing as may be necessary to Carry out the provisions of this Act, to Wit: Blanks, schedules, circulars, pamphlets, envelopes, WOrk sheets, and Other items of miscella- neous printing ; that he is further authorized to have printed by the Public Printer, in such editions as the Director may deem necessary, preliminary and Other Census bulletins, and final reports of the re- Sults of the several investigations authorized by this Act, or by the Act to establish a permanent Census Office and Acts amendatory thereof or supplemental thereto, and to publish and distribute said bulletins and reports. (July 2, 1909, c. 2, § 28, 36 Stat. 10.) § 4416. Information from other Departments or offices—The Secretary of Commerce [and Labor], Whenever he may deem it advisable, or on request of the Director of the Census, is hereby authorized to Call upon any other department or office of the Govern- ment for information pertinent to the work herein provided for. (July 2, 1909, c. 2, § 30, 36 Stat. 10.) Text in brackets superseded by § 932. § 4417. [Repealed.] This section (Act, July 2, 1909, c. 2, § 31, 36 Stat. 10), providing for census of agriculture and live Stock, Was repealed by Act March 4, 1915, c. 141, § 1, 38 Stat. 1040. § 4418. Certified copies of certain returns furnished to Governors, courts, and individuals— The Director of the Census is hereby authorized, at his discretion, upon the Written request of the govern- or of any State or Territory, or of a court of record, to furnish such governor Or Court of record with certified Copies of so much of the population or agricultural re- turns as may be requested, upon the payment Of the actual cost of making such copies, and one dollar ad- ditional for certification; and that the Director -of- the Census is further authorized, in his discretion, to furnish to individuals such data from the population Schedules as may be desired for genealogical Or Other proper purposes, upon payment of the actual Cost of searching the records and one dollar for supplying a Certificate ; and the amountS SO received shall be covered into the Treasury of the United States, to be placed to the credit of, and in addition to, the ap- propriations made for taking the census. (July 2, 1909, c. 2, § 32, 36 Stat. 10.) § 4419. Repeal—The Act establishing the perma- nent Census Office, approved March sixth, nineteen hundred and two, and Acts amendatory thereof and Supplemental thereto, except as are herein amended, shall remain in full force. That the Act entitled “An Act to provide for taking the Twelfth and Subsequent Censuses,” approved March third, eighteen hundred and ninety-nine, and all other laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. (July 2, 1909, c. 2, § 33, 36 Stat. 10.) Act March 6, 1902, c. 139, see §§ 909-911, 4389-4391. § 4420. Publication of names of heads of fam- ilies returned in First Census—Census Office: The Director of the Census is hereby authorized and di- rected to publish, in a permanent form, by Counties and minor civil divisions, the names of the heads Of families returned at the First Census Of the United States in seventeen hundred and ninety ; and the Di- rector of the Census is authorized, in his discretion, to sell said publications, the proceeds thereof to be covered into the Treasury of the United States, to be deposited to the credit of miscellaneoils receipts on account of “Proceeds of sales of Government prop- erty:” Provided, That no expense shall be incurred hereunder additional to appropriations for the Census Office for printing therefor made for the fiscal year nineteen hundred and Seven ; and the Director of the Census is hereby directed to report to Congress at its next session the cost incurred hereunder and the price fixed for Said publication and the total received there- for. (June 30, 1906, c. 3914, § 1, 34 Stat. 722.) § 4420a. Division of cotton and tobacco sta- tisties—Hereafter there shall be in the Official Organ- ization of the bureau a separate, distinct, and inde- pendent division called the division of Cotton and to- bacco statistics. (May 10, 1916, c. 117, § 1, 39 Stat. 110.) § 4421. Tobacco statistics; semi-annual re- ports—The Director of the Census be, and he is here- by, authorized and directed to collect and publish, in addition to the tobacco reports now being made by him, statistics Of the quantity of leaf tobacco in all 3 4422 (Tit. 31 TEIE CENSTUS [Page 6681 forms in the United States in the possession of all persons who are dealers or manufacturers, other than the Original growers of tobacco, to be summarized and returned by the holder to the Director of the Cen- SuS as of the dates of October first and April first of each year, provided that the Director of the Census shall not be required to collect statistics of leaf tobac- CO from any manufacturer of tobacco who in the pre- Ceding calendar year, according to the returns to the Commissioner Of Internal Revenue, manufactured leSS than fifty thousand pounds of tobacco, or from any manufacturer of cigars who, during the preceding Cal- endar year manufactured less than two hundred and fifty thousand cigars, or from any manufacturer of cigarettes who during the preceding Calendar year manufactured less than one million cigarettes, or from any dealer in leaf tobacco who, on the average, had less than fifty thousand pounds in stock at the ends of the four quarters of the preceding Calendar year, and every manufacturer of tobacco who, in the preceding calendar year, according to the return of the Commissioner of Internal Revenue manufactured more than fifty thousand pounds of tobacco, and every manufacturer of cigars who, during the preceding cal- endar year, manufactured more than two hundred and fifty thousand cigars, and every manufacturer of cig- arettes who, during the preceding Calendar year, man- ufactured more than One million Cigarettes, and every dealer in or manufacturer of leaf tobacco who, on an average, during the preceding Calendar year, had more than fifty thousand pounds in stock, at the ends Of the four quarters Of the preceding Calendar year, shall, under oath, make written reports Of the amounts held by them, as herein provided. (April 30, 1912, C. 102, § 1, 37 Stat. 106.) § 4422. Same; types of tobacco to be specified —The Director of the Census shall specify the types Of tobacCO to be included in the reports of the holders thereof, and he shall specify the several types sepa- rately in making his reports. In securing reports by types, the Director Of the Census Shall follow Substan- tially the classification of general types as recognized and adopted by the Department of Agriculture. That the Director of the Census shall prepare appropriate blanks upon which such reports shall be made and shall Send a copy of same to any person subject to make reports under this Act, not more than fifteen nor less than ten days prior to the first days Of Octo- ber and April in each year, together with a written Or printed demand that such person make the report required. (April 30, 1912, c. 102, § 2, 37 Stat. 107.) § 4423. Same; reports required; failure to report—All persons Subject to the provisions of this Act shall, within ten days after the first day of October and first day of April in each year, make written re- port to the Director of the Census the number of pounds of each of the several types of leaf tobacco Owned by him as of the said dates, respectively. If any such person shall fail to make said report within the time prescribed, he shall be guilty of a misde- meanor, and upon conviction shall be fined not less . than three hundred dollars or more than One thousand dollars. If any such person so liable to make such reports shall fail to make the same within the dates above specified, and thereafter the Director of the Cen- sus shall demand such report in writing, which de- mand shall be forwarded by registered mail, then if such person shall fail to make such report within twenty days after Such demand so made, he shall also be deemed guilty of a misdemeanor, and upon convic- tion shall be imprisoned for not more than six months, in the discretion of the court. The depositing of the notice by the Director of Census in any post office shall be held to be prima facie evidence of the delivery Of the notice to the holder of tobacco, from which date the period of twenty days shall begin to run. The president, general manager, or other chief Officer of any corporation failing to make such reports as required by this Act shall be subject to the same penalties as are herein prescribed. (April 30, 1912, C. 102, § 3, 37 Stat. 107.) § 4424. Same; false reports—Any person Who shall make a false report to the Director of the Cen- sus as to the types or amounts of tobacco held Or owned by him shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for not more than six months, in the discretion of the court. The president, general manager, or other Of- ficer of any corporation making such false report shall be subject to the same penalty as prescribed in this section. (April 30, 1912, c. 102, § 4, 37 Stat. 107.) § 4425. Same; “person” defined—The word “person” as used in this Act shall be held to embrace also any partnership, corporation, or association. (April 30, 1912, c. 102, § 5, 37 Stat. 107.) § 4426. Same; information used only for sta- tistical purposes—The information furnished under the provisions of this Act shall be used Only for the statistical purposes for which it is supplied. No pub- lication shall be made by the Director of the Census whereby the data furnished by any particular estab- lishment can be identified, nor shall the Director Of the Census permit anyone other than the sworn employees of the Census Office to examine the individual reportS. (April 30, 1912, c. 102, § 6, 37 Stat. 107.) § 4427. Same; co-operation of Commissioner of Internal Revenue—The Director of the Census shall have access to the records of the Commissioner of Internal Revenue for the purpose of obtaining the information herein required, and the Commissioner of Internal Revenue shall cooperate with the Director of the Census in effectuating the purposes and proVi- sions of this Act. (April 30, 1912, c. 102, § 7, 87 Stat. 107. § haos. Same; publication—The Director of the Census shall make his first report under this Act as of the first day of October, nineteen hundred and twelve, and he shall publish the same and all Subse- quent reports at a date as early as practicable after the first day of October and the first of April in each year. (April 30, 1912, c. 102, § 8, 37 Stat. 108.) § 4428a. Same; information by mail or by special agents—Hereafter the Director of the Cen- sus may procure the information for the tobacco re- ports required by this Act and the Act approved April thirtieth, nineteen hundred and twelve, by mail Or by special agents or by other employees of the Bureau Of the Census. (May 10, 1916, c. 117, § 1, 39 Stat. 110.) § 4429. Cotton statistics; additional statistics —The Director of the Census be, and he is hereby, all- thorized and directed to collect and publish Statistics concerning the amount of cotton ginned; the quantity of raw cotton consumed in manufacturing establish- ments of every character; the quantity of baled cotton on hand; the number of active Consuming Cotton Spin- dles; and the quantity of Cotton imported and ex- ported, with the country of origin and destination. (July 22, 1912, c. 249, § 1, 37 Stat. 198.) See $$ 4391, 4434. § 4430. Same; periods for quantity of cotton ginned—The statistics of the quantity of Cotton girl- ned shall show the quantity ginned from each crop prior to September first, September twenty-fifth, Octo- ber eighteenth, November first, November fourteenth, December first, December thirteenth, January first, January sixteenth, and March first, and shall be pub- lished as soon as possible after these respective dates. The quantity of cotton consumed in manufacturing eS- tablishments, the quantity of baled cotton on hand, the number of active consuming cotton Spindles, and the statistics of cotton imported and exported shall relate to each calendar month, and shall be published as soon as possible after the close of the month. Each report published by the Bureau of the Census of the quantity of cotton ginned shall carry with it the latest available statistics concerning the quantity of Cotton consumed, stocks of baled cotton on hand, the num- | ber of cotton-consuming spindles, and the quantity of Tit. 31) 3 4434c THE CEN SUS [Page 6691 cotton imported and exported. All of these publica- tions containing statistics of cotton Shall be mailed by the Director of the Census to all cotton ginners, Cotton manufacturers, and cotton Warehousemen, and to all daily newspapers throughout the United States. The Director of the Census Shall furnish to the Bureau of Statistics of the Department of Agriculture, im- mediately prior to the publication of each report of that bureau regarding the cotton Crop, the latest available statistics hereinbefore mentioned, and the Said Bureau of Statistics Shall publish the Same in Connection with each of its reports Concerning Cotton. (July 22, 1912, c. 249, § 2, 37 Stat. 198.) § 4431. Same; information confidential; pen- alty for divulging—The information furnished by any individual establishment under the provisions of this Act shall be considered as strictly confidential and shall be used only for the statistical purpose for which it is supplied. Any employee of the Bureau of the Census who, without the written authority of the Director of the Census, shall publish or communi- Cate any information given into his possession by rea- SOn Of his employment under the provisions of this Act shall be guilty of a misdemeanor and shall, upon COnviction thereof, be fined not less than three hundred dollars or more than one thousand dollars or imprisoned for a period of not exceeding one year, Or both so fined and—imprisoned, at the discretion. Of the court. (July 22, 1912, c. 249, § 3, 37 Stat. 198.) § 4432. Same; owners and officers of cotton ginneries, to furnish information—It shall be the duty of every owner, president, treasurer, secretary, director, or other officer or agent of any Cotton gin- nery, manufacturing establishment, warehouse, Or Oth- er place where cotton is ginned, manufactured, or Stored, whether conducted as a corporation, firm, lim- ited partnership, or by individuals, when requested by the Director of the Census or by any special agent Or Other employee of the Bureau of the Census acting under the instructions of Said director, to furnish Com- pletely and correctly, to the best of his knowledge, all Of the information Concerning the quantity Of Cot- ton ginned, Consumed, Or on hand, and the number of Cotton-consuming spindles. The request of the Di- rector of the Census for information concerning the Quantity of Cotton ginned or consumed, stocks of cot- ton. On hand, and number of Spindles may be made in Writing or by a visiting representative, and if made in Writing shall be forwarded by registered mail, and the registry receipt of the Post Office Department Shall be accepted as evidence of such demand. Any OWner, president, treasurer, secretary, director, or oth- er officer or agent of any cotton ginnery, manufactur- ing establishment, warehouse, or other place where Cotton is ginned or stored, who, under the conditions hereinbefore stated, shall refuse or willfully neglect to furnish any of the information herein provided for or Shall Willfully give answers that are false shall be guilty Of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred dollars or more than One thousand dollars or imprisoned for a period of not exceeding one year, or both so fined and imprisoned, at the discretion of the court. (July 22, 1912, c. 249, § 4, 37 Stat. 198.) § 44.33. Same; compilation of information concerning production in foreign countries—In addition to the information regarding cotton in the United States hereinbefore provided for, the Direc- tor of the Census shall compile, by Gorrespondence or the use of published reports and documents, any avail- able information concerning the production, consump- tion, and stocks of cotton in foreign countries, and the number of Cotton-Consuming spindles in Such coun- tries. Each report published by the Bureau of the Census regarding cotton shall contain an abstract of the latest available information obtained under the proVisions of this section, and the Director of the Cen- | Sus shall furnish the same to the Department of Agri- Culture for publication in connection with the reports of that department concerning cotton in the same man- ner as in the case of statistics relating to the United States. (July 22, 1912, c. 249, § 5, 37 Stat. 199.) § 4434. Same; repeal—The joint resolution au- thorizing the Director of the Census to Collect and publish additional statistics, approved February ninth, nineteen hundred and five, and the joint reso- lution approved March second, nineteen hundred and nine, and all other laws and parts of laws inconsist- ent with the provisions of this Act are hereby re- pealed. (July 22, 1912, c. 249, § 6, 37 Stat. 199.) § 4434a. Monthly statistics of cotton seed and products thereof—That the Director of the Census be, and he is hereby, authorized and directed to Collect and publish monthly statistics Concerning the quanti- ty of cotton seed received at oil mills, the quantity of seed crushed in such mills, the quantity of crude Cot- tonseed products and refined oil produced, the quan- tities Of these products shipped out of the mills and the quantities of these products and of cotton seed on hand, the quantities of crude and refined CottonSeed Oil held by refiners, by manufacturers of compound lard, butterine, Oleomargarine, and soap, and by bro- kers, exporters, and Warehousemen, engaged in han- dling Crude and refined cottonseed oil, and the quanti- ty of Cotton seed and cottonseed products imported and exported: Provided, That the cost of the collection and publication of the statistics herein provided for shall not exceed $10,000 per annum. (Aug. 7, 1916, c. 274, § 1, 39 Stat. 436.) § 4434b. Same; information; confidential- The information furnished by any individual estab- lishment under the provisions Of this Act shall be COn- sidered as strictly Confidential and Shall be used Only for the Statistical purpose for which it is Supplied. Any employee of the Bureau of the Census who, with- Out the written authority of the Director of the Census, shall publish Or Communicate any information given into his possession by reason of his employment un- der the provisions of this Act shall be guilty of a mis- demeanor and shall, upon conviction thereof, be fined not more than $1,000, or imprisoned not more than One year, or both. (Aug. 7, 1916, c. 274, § 2, 39 Stat. 437.) § 4434c. Same; information to be furnished by owners of cottomseed-oil mills—It shall be the duty of every owner, president, treasurer, secretary, direc- tor, or other officer or agent of any cottonseed-oil mill, manufacturing establishment, refinery, Or Warehouse, where cottonseed products are produced, manufac- tured, or stored, when requested by the Director of the Census or by any special agent or other employee of the Bureau of the Census acting under the in- structions of said director, to furnish Completely and correctly, to the best of his knowledge, all of the in- formation concerning the quantity of Cotton Seed re- ceived, consumed, or on hand, and the quantity of crude and refined oil, cake and meal, hulls, and linters produced, and the quantity of these products Shipped and on hand. The request of the Director of the Cen- sus for information concerning the quantity. Of Cottoll seed received, consumed, and on hand, the quantity of crude oil shipped, and the quantity of Crude Oil Con- sumed and stocks on hand may be made in Writing OT by a visiting representative, and if made in writing shall be forwarded by registered mail, and the regis- try receipt of the Post Office Department shall be ac- cepted as prima facie evidence of such demand. Any owner, president, treasurer, secretary, director, Or Oth- er officer or agent of any cottonseed Oil Or manufac. turing establishment, refinery, or Warehouse, Where cotton seed and cottonseed products are manufactured or stored, who, under the conditions hereinbefore stat- ed, shall refuse or willfully neglect to furnish any of the information herein provided for or shall Willfully give answers that are false shall be guilty of a mis- 3 4434d (Tit. 31 THE CENSUS [Page 670] demeanor and upon conviction thereof shall be fined not more than $1,000. (Aug. 7, 1916, c. 274, § 3, 39 Stat. 437.) * § 4434d. Same; raw and prepared cotton and linters, cotton waste, and hull fiber used in ex- plosives—That the Director of the Census be, and he is hereby, authorized and directed to collect and pub- lish statistics of raw and prepared cotton and linters, Cotton Waste, and hull fiber consumed in the manu- facture of guncotton and explosives of all kinds, and of absorbent and medicated cotton, during the calen- dar year nineteen hundred and fifteen, and quarterly thereafter, and the quantity held in such establish- ments at the end of each quarter. The statistics here- in provided for are in addition to those now collected in compliance with the Act of Congress approved July twenty-second, nineteen hundred and twelve, the pro- Visions Of that Act being made applicable to and gov- erning the collection and publication of the data. (Aug. 7, 1916, c. 274, § 4, 39 Stat. 437.) TITLE XXXII—THE PUBLIC LANDS Chap. Sec. 1. Surveyors and deputy surveyors................. 4435 2. Registers and receivers. . . . . . . . . . . . . . . . . . . . . . . . . . 4469 3. Land-districts—Provisions respecting particular districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4504 3A. Withdrawal from settlement, location, sale, or entry . . . . . . e tº dº e º e º e º 'º tº e º ſº e º e e e is e º sº e º e tº dº e º 'º dº º ºs . 4523 4. Pre-erm ptions . . . . . . . . . . . . . . . . . tº e º ºs º e º e º ºs º * * g º e º ºs e tº 5. Homesteads. . . . . • * * g e e º 'º e º e e º e º a ſe & © tº sº $ tº tº . . . . . . . . . 4530 6. Mineral lands and mining resources. . . . . . . tº e & G & º 4613 6A. Timber and stone lands. . . . . . . . . . . . . . . . . . . . . . . . . 4671 6B. Desert and arid lands, and irrigation and recla- mation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4674 7. Sale and disposal of the public lands. . . . . . . . . . . . 475.1 8. Reservation and sale of town-sites on the public lands . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º & e º ºs º e & . . . . 4784 9. Survey of the public lands. . . . . . . . . . . . . . . . . . . . . . . 4803 10. Bounty - lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4826 Chap. Sec. 10A. Feservations and grants to states for public PU, FPOSes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10B. Grants in aid of railroads and wagon roads. ... 4882 10.C. Rights of way and other easements in public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4918 10D. Grants of swamp and overflowed lands. . . . . . . . . 4958 10.E. 'Drainage under state laws . . . . . . . . . . . . . . . . . . . . 4970 10F. Protection of timber and depredations. . . . . . . . . . 4977 10G. Unlawful inclosures or occupancy; obstructing settlement or transit. . . . . . . . . . . . º ſº dº e º sº is e e . . . . . 4997 10H. Abandoned military reservations. . . . . . . . . . . . . . . 5003 10I. Ceded Indian reservations. . . . . . . . . . . . . . . . . . . . . . . 5013 10.J. Public lands in Oklahoma. . . . . . . . . . . . . . . . . . . . . . . 5020 10K. Public lands in Alaska. . . . . . . . . . . . . . . . . . . . . . . . . . 5045 11. Miscellaneous provisions relating to the public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Chapter One—Surveyors and Deputy - Surveyors Surveyors-general; Sec. 4435. appointment. 4436. Same ; for P&ansas abolished. 4437. Same; for North and South Dakota. 4438. Same; for Alaska. 4439. Same; salary; Oregon and Washington. 4440. Same; salary; Colorado, New Mexico, California, Ida- ho, Nevada, Montana, Utah, Wyoming, and Arizona. 4441. Same; salary; Oregon and California, how and from What time payable. 4442. Same ; salary; South Dakota. 4443. Same; salary; Alaska. 4444. Same; consolidation of offices; salary. 4445. Same; Offices; number and location. 4446. Same; , office; location in Idaho. 4447. Same; residence. 4448. Same; bond. 4449. Same; new bond and additional security. 4450. Same; duration of Office. 4451. Completion of surveys. Surveyors-general; powers devolved on Commissioner of Land Office. Field-notes delivered to States; Same; conditions of delivery. Transfer of records of surveys; eral abolished. Continuation of duties after expiration of commission. Surveyors-general ; general duties. access to. office of surveyor-gen- 4458. Same; seals; California, Oregon, and Louisiana; tran- scripts from records of. de 4459. Transcripts from records of Louisiana. 4460. Surveyors-general; clerk-hire. 4460a. Same; detail of clerks from and to offices. 4461. Same; office-rent. 4462. Same; stationery for mineral Surveys. 4463. Same; duties of register and receiver performed by. 4464. Same; official papers in office of in California; copies. 4465. Deputy-surveyor; bond. 4466. Same; oath. º, 4467. Sarne; suit on bond of. 4468. Same; penalty for default. § 4435. Surveyors - general; appointment— There shall be appointed by the President, by and with the advice and Consent Of the Senate, a surveyor-gen- eral for the States and Territories herein named, em- bracing, respectively, One Surveying district, namely: [Louisiana], [Florida], [Minnesota], [Kansas], Cali- fornia, Nevada, Oregon, [Nebraska and Iowal, [Dako- ta], Colorado, New Mexico, Idaho, Washington, Mon- tana, Utah, Wyoming, Arizona. (R. S. § 2207.) Names of states and territories inclosed in brackets Su- perseded by abolition or discontinuance of office of Sur- veyor-general therein as follows: Kansas, by § 4436; Ne- trict. braska, and Iowa, by § 4445; Dakota, by § 4437. Pursuant to §§ 4454-4454, office of surveyor-general has ceased in Louisiana, Florida, Minnesota, and North Dakota. § 4436. Same; for Kansas abolished—The Of- fice of the surveyor-general of Kansas is hereby abol- ished from and after the thirtieth of September next. (July 31, 1876, c. 246, 19 Stat. 121.) § 4437. Same; for North and South Dakota— There shall be appointed by the President, by and with the advice and COnsent Of the Senate, a surveyor-gen- eral each for the States Of North Dakota, and SOUlth Dakota, embracing, respectively, One surveying dis- (April 10, 1890, c. 77, § 1, 26 Stat. 53.) § 4438. Same; for Alaska—There shall be ap- pointed by the President, by and with the advice and Consent of the Senate, a surveyor-general for the [District] Of Alaska, embracing One Surveying dis- trict. (July 24, 1897, c. 14, § 2, 30 Stat. 215.) Text in brackets superseded by §§ 3528–3544. (R. S. § 2208. Superseded.) This section fixed the salaries of the surveyors-general of Louisiana, Florida, Minnesota, Ransas, Nebraska and Iowa, and of Dakota Territory. It was superseded by the abolition of that office in Ransas by § 4436, and in Ne- braska, and Iowa by § 4455, and by its discontinuance in Louisiana, Florida, and Minnesota under the authority given the Secretary of the Interior by § 4451, and in the territory of Dakota by the creation of a similar office for each of the states of North Dakota and South Dakota, by § 4437. § 4439. Same; salary; Oregon and Washing- ton—The Surveyors-general Of Oregon and Of Wash- . ington shall each receive a salary at the rate of two thousand five hundred dollars a year. (R. S. § 2209.) Salaries of existing surveyors-general, as fixed by Cur- rent appropriation act, Act March 3, 1917, c. 163, $ 1, 39 Stat. 1107, as follows: Alaska, $4,000; Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, $3,000 each ; South Dakota, $2,000. sº § 4440. Same; salary; Colorado, New Mexico, California, Idaho, Nevada, Montana, Utah, Wyo- iming and Arizona—The surveyors-general Of Colora- do, New Mexico, California, Idaho, Nevada, Montana, Utah, Wyoming, and Arizona, shall each receive a salary at the rate of three thousand dollars a year. (R. S. § 2210.) § 4441. Same; salary; Oregon, and Califor- nia, how and from what time payable—The salary of each surveyor-general of [Floridal, Oregon, and Ch. 1) 3 4457 THE PUBLIC LANDS [Page 671] California shall be paid quarter-yearly, and shall COmmence from the time he enters into bond, as pro- vided by law. (R. S. § 2211.) Text in brackets superseded by discontinuance of office. See § 4435 and note. § 4442. Same; salary; South Dakota—The Surveyors-general of [North Dakota and South Dako- ta. Shall each receive a salary at the rate of two thou- Sand dollars per annum. (April 10, 1890, c. 77, § 2, 26 Stat. 53.) Text in brackets superseded by discontinuance of office. See § 4435 and note. § 4443. Same; salary; Alaska—The surveyor- general Of Alaska shall receive a salary at the rate of tWO thousand dollars per annum. (July 24, 1897, c. 14, § 3, 30 Stat. 215.) See § 4439 and note. § 4444. Same; consolidation of offices; salary —That hereafter the Secretary of the Interior be, and he is hereby, authorized and directed, whenever prac- ticable, to consolidate the Offices of two or more sur- VeyOr-generals into One Office, and in Cases Of Such Consolidation, in the discretion of the Secretary, the Surveyor-general appointed in charge of a Consolidated Office may be paid a salary not exceeding two thousand five hundred dollars per annum, from the sums ap- propriated respectively for the salaries of the Sur- VeyOrs-general whose Offices may be consolidated here- under. (March 3, 1893, c. 211, § 1, 27 Stat. 709.) - - See § 4439 and note. § 4445. Same; offices; number and location —There shall be but one office of surveyor-general in each Surveyor-general’s district ; and Such office shall be located as the President, in View of the public Con- Venience, may from time to time direct, except as pro- vided in the following section. (R. S. § 2212.) § 4446. Same; office; location in Idaho-The Surveyor-general’s Office for [Minnesota district] shall continue to be located [at the city of Saint Paul]; that for Idaho [Territory], at Boise City ; [and that for the district of Nebraska and Iowa, at Plattsmouth, in Nebraska.] (R. S. § 2213.) Word “Territory,” in brackets, superseded by admission of Idaho as state. Other text in brackets superseded by discontinuance and abolition of offices. See § 4435 and Inote. § 4447. Same; residence—Every surveyor-gen- eral, While in the discharge Of the duties Of his Of- fice, shall reside in the district for which he is ap- pointed. (R. S. § 2214.) § 4448. Same; bornd—Every surveyor-general shall, before entering On the duties of his office, ex- ecute and deliver to the Secretary Of the Interior a bond, with good and sufficient security, for the penal sum Of thirty thousand dollars, Conditioned for the faithful disbursement, according to law, of all public money placed in his hands, and for the faithful per- formance of the duties of his office. (R. S. § 2215.) § 4449. Same; new bond and additional se- curity—The President is authorized, whenever he may deem it expedient, to require any surveyor-gen- eral to give a new bond and additional security, under the direction of the Secretary of the Interior, for the faithful disbursement, according to law, of all money placed in his hands. (R. S. § 2216.) $ 4450. Same; duration of office—The Commis- sion of every surveyor-general now in office, and of every Surveyor-general hereafter appointed, shall cease and expire, unless sooner vacated by death, res- ignation, or removal from office, in four years from the date of the Commission. (R. S. § 2217.) $ 4451. Completion of surveys—The Secretary Of the Interior shall take all the necessary measures for the Completion of the Surveys in the Several Sur- veying-districts for which surveyors-general have been, Or may be, appointed, at the earliest periods compat- ible with the purposes contemplated by law; and Whenever the surveys and records of any such dis- trict are completed, the Surveyor-general thereof shall be required to deliver over to the secretary of state of the respective States, including such surveys, or to Such Other Officer as may be authorized to receive them, all the field-notes, maps, records, and of her papers appertaining to land titles within the same; and the Office of Surveyor-general in every such district shall thereafter cease and be discontinued. (R. S. § 2218.) $ 4452. Surveyors-general; powers devolved on Commissioner of Land Office—In all Cases where, as provided in the preceding section, the field-notes, maps, records, and Other papers appertaining to land- titles in any State are turned Over to the authorities of such State, the same authority, powers, and duties in relation to the Survey, resurvey, or subdivision of the lands therein, and all matters and things Connect- ed therewith, as previously exercised by the Surveyor- general, whose district included such State, shall be Vested in, and devolved upon, the Commissioner of the General Land-Office. (R. S. § 2219.) $ 4453. Field-notes delivered to States; ac- cess to—Under the authority and direction Of the Commissioner Of the General Land-Office, any deputy Surveyor or other agent Of the United States shall have free access to any such field-notes, maps, records, and other papers, for the purpose of taking extracts therefrom, or making copies thereof, without charge of any kind. (R. S. § 2220.) $ 4454. Same; conditions of field-notes, maps, records, and other papers mention- ed in Section twenty-two hundred and nineteen, shall in no Case be turned Over to the authorities Of any State, until such State has provided by law for the reception and Safe-keeping of the sanie as public rec- Ords, and for the allowance of free access to the same by the authorities of the United States. (R. S. § 2221.) $ 4455. Transfer of records of surveys; office of surveyor-general abolished—That the Secretary of the Interior be, and is hereby, authorized to trans- fer to the Secretary Of State Of the States Of Nebras- ka and Iowa, Or to Such Officers as may be entitled to receive them, the field-notes, maps, records, and other papers appertaining to land Surveys in Said States which are now stored in the district land-office at Lincoln, Nebraska ; and the Office Of Surveyor-gen- eral for the district Of Nebraska and Iowa is hereby abolished: Provided, That the aforesaid field-notes, maps, records, and Other papers pertaining to the State of Nebraska shall not be delivered to the prop- er authorities until said State shall have provided by law for the safe keeping Of the same as public records, and for the allowance of free access to field-notes, maps, records, and other papers by the authorities of the United States, as provided by section twenty-two fundred and twenty-One of the Revised Statutes Of the United States, the State Of Iowa having hereto- fore enacted the requisite legislation. (Oct. 2, 1888, c. 1069, 25 Stat. 525.) R. S. § 2221, is $ 4454. § 4456. Continuation of duties after expira- tion of commission—Every Surveyor-general, regis- ter, and receiver, except where the President sees cause otherwise to determine, is authorized to COn- tinue in the uninterrupted discharge Of his regular Official duties, after the day of expiration. Of his COm- mission, and until a new Commission is issued to him for the same Office, or until the day When a Succes- SOr enters upon the duties Of Such Office; and the existing official bond of any officer so acting shall be deemed good and Sufficient, and in force, until the date Of the approval of a new boud to be given by him, if re-commissioned, or otherwise, for the addi- tional time he may so COntinue Officially to act, pur- Suant to the authority of this section. (R. S. § 2222.) $ 4457. Surveyors-general; general duties— Every Surveyor-general shall engage a sufficient num- ber of skillful Surveyors as his deputies, to whom he is authorized to administer the necessary Oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with of delivery—The § 4457 THE PUBLIC LANDS (Tit. 32 - [Page 672] law or the instructions of the General Land-Office, and to remove them for negligence or miscOnduct in Office. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by Such monuments, and such other correction parallels and, Imeridians as may be prescribed by law. Or by instruc- tions from the General Land-Office, in respect to the public lands within his surveying-district, to which the Indian title has been or may be hereafter ex- tinguished. Third. He shall cause to be surveyed all private land-claims within his district after they have been Confirmed by authority of COngress, so far as may be necessary to Complete the Survey Of the public lands. Fourth. He shall transmit to the register of the re- spective land-offices within his district general and particular plats of all lands surveyed by him for each land-district ; and he shall forward copies Of Such plats to the Commissioner of the General Land-Office. Fifth. He shall, so far as is compatible with the desk-duties of his office, occasionally inspect the Sur- veying operations while in progress in the field, suf- ficiently to satisfy himseIf of the fidelity of the execu- tion of the work according to Contract, and the actual and necessary expenses incurred by him. While SO en- gaged shall be allowed ; and where it is incompatible with his Other duties for a Surveyor-general to de- vote the time necessary to make a personal inspec- tion of the work in progress, then he is authorized to depute a confidential agent to make such examina- tion ; and the actual and necessary expenses Of Such person shall be allowed and paid for that service, and five dOllars a day during the examination in the field ; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when a surveyor-general, Or any person employed in his office at a regular salary, is engaged in such special service, he shall receive Only his necessary expenses in addition to his reg- ular salary. (R. S. § 2223.) Provisions, differing from those of the fifth paragraph of this Section, are made by current appropriation acts. See Act June 12, 1917, c. 27, § 1, 40 Stat. 143. § 4458. Same; seals; California, Oregon, and Louisiana; transcripts from records of The offi- Cial Seals heretofore authorized to be provided for the offices of the surveyors-general of Oregon, California, and Louisiana shall continue to be used ; and any Copy of Or extract from the plats, field-notes, records, Or Other papers On file in those Offices, respectively, when authenticated by the seal and signature of the proper Surveyor-general, shall be evidence in all cases in which the original would be evidence. (R. S. § 2224.) § 4459. Transcripts from records of Łouisi- ana—Any Copy of a plat of survey, or transcript from the records of the Office of surveyor-general Of Louisiana, duly certified by him, shall be admitted as evidence in all the Courts of the United States and the Territories thereof. (R. S. § 2225.) § 4460. Surveyors-general; clerk-hire—There shall be allowed for the Offices of the several survey- ors-general, for clerk-hire therein, such sums as may be appropriated for the purpose by Congress from jear to year. (R. S. § 2226.) Current appropriations for clerk hire, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1107. § 4460a. Same; detail of clerks from and to offices—The Secretary of the Interior is author- ized to detail temporarily clerks from the office of One Survey Ol' general to another as the necessities of the Service may require and to pay their actual neces- Sary traveling expenses in going to and returning from such office out of the appropriation for sur- Veying the public lands. A detailed statement of traveling expenses incurred hereunder shall be made to Congress at the beginning of each regular Ses- sion thereof. (March 3, 1917, c. 163, § 1, 39 Stat. 1108.) - § 4461. Same; office-rent—There shall be al- lowed for office-rent, fuel, books, stationery, and other incidental expenses of the several Offices Of Survey- Ors-general such sums as may be appropriated for the purpose by Congress, from year to year. (R. S. § 2227. * burº appropriations for office rent, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1107. § 4462. Same; stationery for mineral sur- veys—The Stationery and drafting instruments here- after purchased for exclusive use in the Offices Of the surveyors-general in the preparation of plats and field notes of mineral Surveys, as also the rent of addition- al quarters that may be necessary for the execution of such work, shall be paid for Out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of Office work on such mineral surveys. (March 3, 1901, c. 830, § 1, 31 Stat. 1003.) § 4463. Same; duties of register and receiver performed by—The President is authorized, in any Case where he thinks the public interest may require it, to transfer the duties of register and receiver in any district to the surveyor-general Of the Surveying- district in which Such land-district is located. (R. S. § 2228.) § 4464. Same; official papers in office of in California; copies—All official books, papers, in- Struments of writing, documents, archives, official Seals, Stamps, Or dies, which have been heretofore authorized by law to be collected and deposited in the Surveyor-general’s Office in California, shall be safe- ly and securely kept by Such surveyor-general in the archives of his office; and copies thereof, authenti- cated by the surveyor-general under his seal of Office, shall be evidence in all cases where the Originals . would be evidence. (R. S. § 2229.) * § 4465. Deputy-surveyor; bornd—Every deputy- surveyor shall enter into bond, with sufficient secur- ity, for the faithful performance of all surveying contracts confided to him ; and the penalty of the bond, in each case, shall be double the estimated amount of money accruing under such contracts, at the rate per mile stipulated to be paid therein. The Sufficiency of the Sûreties to all such bonds shall be approved and Certified by the proper Surveyor-gen- eral. (R. S. § 2230.) § 4466. Same; oath—The surveyors-general, in addition to the Oath now authorized by law to be ad- ministered to deputies on their appointment to Office, shall require each of their deputies, on the return of his Surveys, to take and Subscribe an Oath that those surveys have been faithfully and correctly executed, aCCOrding to law and the instructions of the Sur- veyor-general. (R. S. § 2231.) § 4467. Same; suit on bond of—The district' at- torney of the United States, in whose district any false, erroneous, or fraudulent surveys have been ex- ecuted, shall, upon the application of the proper sur- veyor-general, immediately institute suit upon the bond Of Such deputy ; and the institution of such suit Shall act as a lien upon any property owned or held by Such deputy, Or his Sureties, at the time such suit was instituted. (R. S. § 2232.) § 4468. Same; penalty for default—In the event of the failure of a deputy in Louisiana to com- ply With the terms of his contract, unless such fail- ure be satisfactorily shown by him to have arisen from Causes beyond his control, he shall forfeit the penalty of his bond on due process of law, and ever afterward be debarred from receiving a contract for surveying public lands. (R. S. § 2233.) Ch. 2) 3 4476 THE PUBLIC LANDS IPage 673] Chapter Two—Registers and Re- Sec. CeIVerS 4469. Appointment; duties; bonds. 4470. Residence. 4471. Bonds. 4472. Salaries. 4473. Fees and commissions. 4474. Fees for transcripts of records; transcripts as evidence. 4475. Fees for consolidated land-offices. 4476. Maximum compensation. 4477. Excess of compensation paid into Treasury. 4478. Plats of townships and lists of lands sold. 4479. Excess of fees covered into Treasury. 4480. Fees for notices of cancellation of entries. 4480a. Expenses incurred. 4481. Reimbursement of sums disbursed by receivers as spe- Cial disbursing agents. 4482. Illegal fees. 4483. When compensation to commence. 4484. Duration of office. 4485. Monthly and quarterly returns of receivers. 4486. Reports and returns not to be duplicated. 4487. Deposit in Treasury of certain unearned fees and unoffl- Cial moneys. 4488. Same; lists furnished with deposits. 4489. Same; deposit of moneys deposited by unknown parties. 4490. Same; repayment of moneys. 4491. Ropayment of purchase moneys paid under applications, rejected. 4492. Repayment of excess payments. 4493. Certification of amount of excess moneys and repay- ment. 4494. Oaths administered by. 4495. Penalty for false information by Fegister. T 4496. Vacancy in office; taking final proofs. 4497. Disqualification. 4498. Same; designation of officer to act in place of. 4499. Attendance of witnesses. 4500. Witnesses’ fees. 4501. Disobedience to subpoena. 4502. Depositions of witnesses residing outside county. 4503. Continuing taking of depositions in behalf of opposite party. • § 4469. Appointment; duties; bornds—There shall be appointed by the President, by and with the advice and consent Of the Senate, a register Of the land office and a receiver of public moneys for each land district established by law, who shall have Charge of and attend to the sale of public and Indian lands within their respective districts, as provided by law and Official regulations, and receivers shall be accountable under their Official bonds for the pro- Ceeds of such Sales, and for all fees, COmmissions, Or Other moneys received by them under any provision Of law or Official regulation. (R. S. § 2234, amended, Jan. 27, 1898, c. 10, 30 Stat. 234.) See chapter 3 of this Title for provisions relating to registers and receivers of particular land districts. § 4470. Residence—Every register and receiver shall reside at the place where the land-office for which he is appointed is directed by law to be kept. (R. S. § 2235.) § 4471. Bonds—Every register and receiver shall, before entering On the duties of his Office, give bond in the penal sum of ten thousand dollars, with approved Security, for the faithful discharge of his trust. (R. S. § 2236.) § 4472. Salaries—Every register and receiver Shall be allowed an annual salary of five hundred dol- lars. (R. S. § 2237.) § 4473. Fees and commissions—Registers and receivers, in addition to their salaries, shall be allow- ed each the following fees and commissions, namely: First. A fee of One dollar for each declaratory state- ment filed [and for services in acting on pre-emption Claims]. Text in brackets inoperative by repeal of pre-emption laws by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097. Second. A commission of one per centum on all mon- eys received at each receiver's office. Third. A Commission to be paid by the homestead applicant, at the time of entry, of one per centum on the Cash price, as fixed by law, of the land applied for ; and a like commission when the claim is finally established, and the certificate therefor issued as the basis of a patent. COMP.ST.’18–43 Fourth. The same commission on lands entered un- der any law to encourage the growth of timber on Western prairies, as allowed when the like quantity of land is entered with money. shºws to encourage growth of timber repealed. º Fifth. For locating military bounty-land warrants, issued since the eleventh day of February, eighteen hundred and forty-seven, and for locating agricultural- College land-Scrip, the same commission, to be paid by the holder or assignee of each warrant or scrip, as is allowed for Sales of the public lands for cash, at the rate of One dollar and twenty-five cents per acre. Sixth. A fee in donation cases of two dollars and fifty cents for each final certificate for one hundred and Sixty acres of land, five dollars for three hundred and twenty acres, and seven dollars and fifty cents for Six hundred and forty acres. Seventh. In the location of lands by States and cor- porations under grants from Congress for railroads and Other purposes, (except for agricultural colleges,) a fee Of One dollar for each final location of one hundred and sixty acres; to be paid by the State or COrpOration making such location. • Eighth. A fee of five dollars per diem for superin- tending public-land sales at their respective offices; [and, to each receiver, mileage in going to and return- fºom depositing the public-moneys received by III] . Text in brackets superseded by § 3236. Ninth. A fee of five dollars for filing and acting up- On each application for patent or adverse claim filed for mineral lands, to be paid by the respective parties. Tenth. Registers and receivers are allowed, jointly, at the rate of fifteen cents per hundred words for tes- timony reduced by them to writing for claimants, in establishing pre-emption, desert-land, and homestead rights. Eleventh. A like fee as provided in the preceding Subdivision when such writing is done in the land- Office, in establishing claims for mineral lands. Twelfth. Registers and receivers in California, Ore- gon, Washington, Nevada, Colorado, Idaho, New Mexi- co, Arizona, Utah, Wyoming, and Montana, are each entitled to Collect and receive fifty per centum on the fees and Commissions provided for in the first, third, and tenth subdivisions of this section. (R. S. § 2238, amended, Dec. 17, 1880, c. 2, 21 Stat. 311, and May 29, 1908, c. 220, § 14, 35 Stat. 468. Act March 21, 1864, c. 38, § 6, 13 Stat. 36, and several acts establishing land-offices for Utah, Wyoming, and Montana.) § 4474. Fees for transcripts of records; tran- scripts as evidenee—Registers and receivers Of Unit- ed States land offices shall, in addition to the fees now allowed by law, be entitled to charge and receive for making transcripts of the records in their offices for individuals, the sum of ten cents per hundred words for each transcript so furnished ; and the tran- scripts thus furnished, when duly certified to by them, shall be admitted as evidence in all Courts Of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records. (March 22, 1904, c. 748, 33 Stat. 144.) § 4475. Fees for consolidated land-offices—The register for any consolidated land-district, in addition to the fees now allowed by law, shall be entitled to charge and receive for making transcripts for indi- viduals, or furnishing any other record information respecting public lands or land-titles in his consolidat- ed land-district, such fees as are properly authorized by the tariff existing in the local courts of his dis- trict; and the receiver shall receive his equal share of Such fees, and it shall be his duty to aid the regis- ter in the preparation of the transcripts, or giving the desired record information. (R. S. § 2239.) § 4476. Maximum compensation—The compen- sation of registers and receivers, including Salary, fees, See § : 4477 (Tit. 32 THE PUBLIC LANDS [Page 674] and commissions, shall in no case exceed in the ag- gregate three thousand dollars a year, each; and no register or receiver shall receive for any one quarter or fractional quarter more than a pro-rata allowance of such maximum. (R. S. § 2240.) - * § 4477. Excess of compensation paid into Treasury—Whenever the amount of compensation re- ceived at any land-office exceeds the maximum allowed by law to any register or receiver, the excess shall be paid into the Treasury, as other public moneys. (R. S. § 2241.) § 4478. Plats of townships and lists of lands sold—Registers and receivers shall, upon application, furnish plats Or diagrams Of townships in their re- Spective districts showing what lands are Vacant and what lands are taken, and shall be allowed to re- ceive compensation therefor from the party obtaining said plat or diagram at such rates as may be pre- scribed by the Comruissioner of the General Land Of- fice and said officers shall, upon application by the proper State or Territorial authorities, furnish, for the purpose of taxation, a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive COm- pensation for the same not to exceed ten Cents per entry. (March 3, 1883, c. 101, § 2, 22 Stat. 484.) § 4479. Excess of fees covered into Treasury— |Hereafter all fees collected by registers or receivers, from any source whatever, which would increase their Salaries beyond three thousand dollars each a year. shall be covered into the Treasury, except only so much as may be necessary to pay the actual cost of clerical services employed exclusively in contested Cases; and they shall make report quarterly, under Oath, of all expenditures for such clerical services, with vouchers therefor. (March 3, 1887, c. 362, 24 Stat. 526.) § 4480. Fees for notices of cancellation of en- tries—Hereafter all money or fees received or col- lected by registers of United States land offices for issuing notices of Cancellation of entries shall be re- ported and accounted for by such registers in the same manner as Other fees Or moneys received Or Collected. (March 4, 1911, c. 261, § 2, 36 Stat. 1352.) - Current appropriation for contingent expenses of land offices, see Act June 12, 1917, c. 27, § 1, 40 Stat. 142. 4480a. Expenses incurred—NO eXpenSeS chargeable to the Government shall be incurred by registers and receivers in the conduct of local land offices except upon previous specific authorization by the Commissioner of the General Land Office. (June 12, 1917, c. 27, § 1, 40 Stat. 142.) § 4481. Reimbursement of sums disbursed by receivers as special disbursing agents--The Secre- tary of the Treasury be, and he is hereby, authorized and directed to pay, out of any unexpended balances of appropriations for contingent expenses of land Of- fices, for the expenses of hearings in land entries and the expenses of depositing public moneys, Such Sums as may have been or may hereafter be disbursed by receivers of public moneys, acting as Special disburS- ing agents at United States land offices, before the receipt of Government funds: Provided, That no pay- ment shall be made under this Act in excess Of the amount appropriated by the Congress for the par- ticular purpose in each instance and for the fiscal year in which such disbursements were made: Pro- vided, That all such disbursements shall have been or shall hereafter be made in pursuance of law in Carry- ing out departmental regulations or to meet authoriza- tions by the Commissioner of the General Land Office: Provided further, That the accounts containing such items shall have been duly approved by the Commis- Sioner of the General Land Office. (March 2, 1907, c. 2563, 34. Stat. 1245.) § 4482. Illegal fees—No register or receiver shall receive any compensation out of the Treasury for past services who has charged or received illegal fees; and, on Satisfactory proof that either of such officers has charged or received fees Or other rewards not authorized by law, he shall be forth with removed from office. (R. S. § 2242.) § 4483. When compensation to commence— The compensation of registers and receivers, both for Salary and Commissions, shall commence and be Calculated from the time they, respectively, enter on the discharge of their duties. (R. S. § 2243.) § 4484. Duration of office—All registers and re- Ceivers shall be appointed for the term of four years, but shall be removable at pleasure. (R. S. § 2244.) § 4485. Monthly and quarterly returns of re- ceivers—The receivers shall make to the Secretary of the Treasury monthly returns of the moneys received in their several offices, and pay over such money pur- Suant to his instructions. And they shall also make to the Commissioner of the General Land-Office like monthly returns, and transmit to him quarterly ac- COUIntS-Current Of the debits and Credits of their Sey- eral offices with the United States. (R. S. § 224.5.) § 4486. Reports and returns not to be dupli- eated-The duplication of reports and returns of reg- isters and receivers to the General Land Office shall be prevented by such regulations as the Commission- er of the General Land Office, with the approval of the Secretary of the Interior, may make. (March 2, 1895, c. 177, § 3, 28 Stat. 807.) § 4487. Deposit in Treasury of certain un- earned fees and unofficial moneys—The receivers of public moneys for land districts are hereby author- ized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years Or more, Which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were re- Ceived, and into an appropriation account to be de- nominated “Outstanding liabilities.” (March 2, 1907, c. 2562, § 1, 34 Stat. 1245.) § 4488. Same; lists furnished with deposits— At the time of making such deposit the receiver shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the pay- ments and the amounts thereof, which list shall bear the Certificate of the "register and receiver that the Same is correct; that the amounts are due and pay- able; that diligence has been exercised to return the Salme, and that the sums Specified have remained un- claimed for a period of five years or more. (March 2, 1907, c. 2562, § 2, 34 Stat. 1245.) § 4489. Same; deposit of moneys deposited by unknown parties—Amounts that appear in a receiv- er's accounts as “Moneys deposited by unknown par- ties” shall also be deposited to the credit of the Treas- urer of the United States, accompanied by a list ShoW- ing the amount and, if possible, the date of the re- ceipt of each item ; which list shall bear the certifi- Cate of the register and receiver that, after careful in- vestigation, the Ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more. (March 2, 1907, c. 2562, § 3, 34 Stat. 1245.) § 4490. Same; repayment of moneys deposited —Any person Or persons who shall have made payment to a receiver, or to his predecessor, and the money Shall have been COvered into the Treasury pursuant to section one or section three hereof, shall, on pre- Senting satisfactory evidence of such payment to the proper officer of the Treasury Department, be en- titled to have the same returned by the Settlement Of an account and the issuing of a Warrant in his favor according to the practice in Other Cases of authorized and liquidated claims against the United States : Pro- vided, That when such moneys shall remain unclaimed Ch. 2) 3 4502 THE PUBLIC LANDS [Page 675] in the Treasury for more than five years the right to recover the same shall be barred : Provided, That no homestead entryman shall be required to make pay- ment of the purchase money on any application to make a cash entry until the same shall have been approved by the register and receiver, but Such pay- ment Shall be made within ten days after notice of such approval. (March 2, 1907, c. 2562, § 4, 34 Stat. 1245.) § 4491. Repayment of purchase moneys paid tirader applications, rejected—Where purchase mon- eys and Commissions paid under any public land law have been Or shall hereafter be Govered into the Treas- ury of the United States under any application to make any filing, location, selection, entry, or proof, Such purchase moneys and COmmissions shall be re- paid to the person who made such application, entry, Or proof, or to his legal representatives, in all cases Where Such application, entry, or proof has been or Shall hereafter be rejected, and neither such appli- Cant nor his legal representatives shall have been guil- ty of any fraud or attempted fraud in connection with º application. (March 26, 1908, c. 102, § 1, 35 Stat. § 4492. Repayment of excess payments—in all CaSeS Where it shall appear to the Satisfaction of the Secretary of the Interior that any person has hereto- fore or shall—hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under Such laws, such excess shall be repaid to such person Or to his legal representatives. (March 26, 1908, c. 102, § 2, 35 Stat. 48.) § 4493. Certification of amount of excess moneys and repayment—When the Commissioner of the General Land Office shall ascertain the amount of ally exCeSS moneys, purchase moneys, Or commissions in any case where repayment is authorized by this Statute, the Secretary of the Interior shall at once cer- tify Such amounts to the Secretary of the Treasury, Who is hereby authorized and directed to make re- payment of all amounts so certified out of any moneys not Otherwise appropriated and issue his warrant in settlement thereof. (March 26, 1908, c. 102, § 3, 35 Stat. 48.) § 4494. Oaths administered by—The register or receiver is authorized, and it shall be their duty, to administer any oath required by law or the instruc- tions Of the General Land-Office, in connection with the entry Or purchase of any tract of the public lands; but he shall not charge or receive, directly or indirect- ly, any compensation for administering such oath. (R. S. § 2246.) wº § 4495. Penalty for false information by reg- ister—If any person applies to any register to enter any land whatever, and the register knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person. So applying to enter the same, such register Shall be liable therefor to the person so applying, for five dollars for each acre of land which the person SO applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount. (R. S. § 2247.) § 4496. Vacancy in office; taking final proofs —Hereafter, when a vacancy shall occur in any of the land Offices of the United States by reason of the death, resignation, or removal of either the register Or receiver, and the time set for taking final proof falls within the vacancy thus caused, the remaining Officer may proceed to take said final proofs, in the absence of any contest Or protest, reduce the same to Writing, and place it on file in the office to be consid- ered and passed upon when the vacancy is filled. (Oct. 1, 1890, c. 1269, § 2, 26 Stat. 657.) § 4497. Disqualification—No register or receiv- er shall receive evidence in, hear or determine any CauSe pending in any district land office in which CauSe he is interested directly or indirectly, or has been Of counsel, or where he is related to any of the parties in interest by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law. (Jan. 11, 1894, c. 10, § 1, 28 Stat. 26.) § 4498. Same; designation of officer to act in place of—It shall be the duty of every register or re- ceiver so disqualified to report the fact of his disquali- fication to the Commissioner of the General Land Of- fice, as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the ap- proval Of the Secretary of the Interior, shall designate Some other register, receiver, or special agent of the Land Department to act in the place of the disquali- fied Officer, and the same authority is conferred on the Officer so designated which such register or re- Ceiver would Otherwise have possessed to act in such case. (Jan. 11, 1894, c. 10, § 2, 28 Stat. 26.) § 4499. Attendance of witnesses—Registers and receivers of the land office, or either of them, in all matters requiring a hearing before them, are author- ized and empowered to issue subpoenas directing the attendance Of witnesses, which subpoenas may be serv- ed by any person by delivering a true copy thereof to Such Witness, and When Served, witnesses shall be re- quired to attend in obedience thereto: Provided, That if any subpoena be served under the provisions of this. Act by any person other than an officer authorized by the laws of the United States, or of the State or Ter- ritory in which the depositions are taken, the service thereof shall be proved by the affidavit of the per- Son Serving the same: Provided further, That said subpoenas shall be served within the county in which attendance is required, and at least five days before attendance is required. (Jan. 31, 1903, c. 344, § 1, 32 Stat. 790.) & $ 4500. Witnesses’ fees—Witnesses shall have the right to receive their fee for One day's attendance and mileage in advance. The fees and mileage of wit- neSSes Shall be the Same as that provided by law in the district COUrts Of the United States in the district in which such land Offices are situated; and the Wit- neSS Shall be entitled to receive his fee for attendance in advance from day to day during the hearing. (Jan. 31, 1903, c. 344, § 2, 32 Stat. 790.) $ 4501. Disobedience to subpoena—Any person willfully neglecting or refusing obedience to such sub- pCena, Or neglecting Or refusing to appear and testify when subpoenaed, his fees having been paid if demand- ed, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district Court Of the United States Or in the district Courts Of the Ter- ritories exercising the jurisdiction of Circuit or district Courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not to ex- ceed ninety days, Or both, at the discretion of the court: Provided, That if such witness has been pre- vented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this Act. (Jan. 31, 1903, c. 344, § 3, 32 Stat. 790.) $ 4502. Depositions of witnesses residing out- side county—Whenever the witness resides outside the County in which the hearing Occurs any party to the proceeding may take the testimony of such wit- ness in the county of such witness's residence in the form of depositions by giving ten days’ written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States commissioner, notary public, judge Or Clerk of a Court of record. Subpoenas for witnesses before the officer taking depositions may issue from the Office of the register or receiver, or may be issued by the officer taking the depositions, and disobedience thereof, as defined in this Act, shall also be punished ; and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case of violation of a Subpoena to appear before the register or receiver, and ź 4503 (Tit. 32 THE PUBLIC LANDS IPage 6761 Subject to the same limitations. The fees of the Officer taking the depositions shall be the same as those al- lowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an item- ized account of the fees shall be made by the officer taking the depositions and attached to the depositions. (Jan. 31, 1903, c. 344, § 4, 32 Stat. 790.) $ 4503. Continuing taking of depositions in behalf of opposite party—Whenever the taking Of any depositions taken in pursuance of the foregoing provisions of this Act is concluded the Opposite par- ty may proceed at Once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first in- stance is entered upon, give notice to the Opposing party, Or any agent or attorney representing him in the taking of said depositions, of his intention to do so. (Jan. 31, 1903, c. 344, § 5, 32 Stat. 791.) Chapter Three—Land-Districts—Pro- visions Respecting Particular Sec. Districts 4504. Land-offices; discontinuance. 4505. Same; continuance. 4506. Same; consolidation. 4507. Same; annexation to adjacent district. 4508. Same; change of location. 4509. Same; discontinuance. & 4510. Change of boundaries of land-districts. 4511. Same; business of original district. 4512. Office-rent and clerk-hire for consolidated land-offices. 4513. Entry of public lands in States where no land-offices exist. PROVISIONS RESPECTING PARTICULAR DISTRICTS 4514. Recorder , of land titles in Missouri discontinued. 4515. Land-offices in Ohio, Indiana, and Illinois, and recorder of land titles in Missouri, abolished. 4515a. Office of receiver at Springfield, Mo., abolished. 4515b. Books and records of land office at Springfield, Mo., delivered to register. - 4516. Land-office at Des Moines, Iowa, abolished. - 45.17. Land-districts and offices in Alaska.; registers and re- ceivers. 4518. Same; number and location. 4519. Same; additional districts. 4520. Same; additional districts; registers and receivers. 4521. Same; compensation of officers in additional districts. 4522. Same; surveys in additional districts. $ 4504. Land offices; discontinuance—Wheney- er the quantity of public land remaining unsold in any land-district is reduced to a number of acres less than one hundred thousand, it shall be the duty of the Secretary Of the Interior to discontinue the land-office of such district; and if any land in any such dis- trict remains unsold at the time of the discontinuance of a land-Office, the same shall be subject to Sale at some one of the existing land-Offices most convenient to the district in which the land-Office has been dis- continued, of which the Secretary of the Interior shall give notice. (R. S. § 2248.) $ 4505. Same; continuance—The Secretary of the Interior may COntinue any land-district in which is situated the seat of government of any one of the States, and may continue the land-office in such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his Opinion, such continuance is re- Quired by public convenience, or in order to close the land-system in Such State. (R. S. § 2249.) § 4506. Same; consolidation—It shall be the duty of the Secretary of the Interior to consolidate the district land offices where practicable and consistent with the public interests. Stat. 368.) $ 4507. Same; annexation to adjacent dis- trict—Whenever the cost Of collecting the revenue from the sales of the public lands in any land-district is as much as one-third of the whole amount of reve- nue collected in such district, it may be lawful for the President, if, in his Opinion, not in Compatible with the public interest, to discontinue the land-office in (Aug. 5, 1892, c. 380, § 1, 27 fice-rent for each consolidated land-Office; Such district, and to annex the same to some other adjoining land-district. (R. S. § 2250.) $ 4508. Same; change of location—The Presi- dent is authorized to change the location of the land- Offices in the several land-districts established by law; and to relocate the same from time to time at such § in the district as he deems expedient. (R. S. § 251.) $ 4509. Same; discontinuance—Upon the recom- mendation of the Commissioner of the General Land- Office, approved by the Secretary of the Interior, the President may order the discontinuance of any land- Office and the transfer of any of its business and ar- Chives to any other land-office within the same State or Territory. (R. S. § 2252.) § 4510. Change of boundaries of land-dis- tricts—The President is authorized to change and re- establish the boundaries Of land-districts whenever, in his Opinion, the public interests will be subserved thereby, without authority to increase the number of land-offices or land-districts. (R. S. § 2253.) See § 4651. $ 451 1. Same; business of original district— In case of the division of existing land-districts by the erection of new ones, or by a change of bound- arſes by the President, all business in such original (listricts Shall be entertained and transacted without prejudice Or Change, until the Offices in the new dis- tricts are duly opened by public announcement under the direction of the Secretary of the Interior. All Sales or disposals of the public lands heretofore regu- larly made at any land-office, after such lands have been made part of another district by any act of Con- gress, Or by any act Of the President, are Confirmed, provided the same are free from Conflict with prior valid rights. (R. S. § 2254.) § 4512. Office-rent and clerk-hire for eon- solidated land-offices—The Secretary of the Interior is authorized to make a reasonable allowance for Of- and When Satisfied of the necessity therefor, to approve the em- ployment by the register of One or more clerks, at a reasonable per-diem Compensation, for such time as such clerical force is absolutely required to keep up the current public business, which clerical force shall be paid Out Of the Surplus fees authorized to be charged by section twenty-two hundred and thirty- nine, if any, and if no surplus exists, then Out of the appropriation for incidental expenses of district land- Offices; but no Clerk shall be so paid unless, his em- ployment has been first sanctioned by the Secretary of the Interior. (R. S. § 2255.) § 4513. Entry of public lands in States where no land-offices exist—Public lands situated in States in which there are no land Offices may be entered at the General Land Office, subject to the provisions of law touching the entry of public lands; and that the necessary proofs and affidavits required in such cases may be made before some officer competent to administer Oaths, whose Official Character shall be duly Certified by the Clerk Of a Court of record. And moneys received by the Commissioner of the General Land Oſſice for lands entered by Cash entry shall be covered into the Treasury. .(June 19, 1878, c. 329, § 1, 20 Stat. 201.) PROVISIONS RESPECTING PARTICULAR DIS- TRICTS - (R. S. § 2256. Superseded.) This Section prescribed the boundaries of the 93 land- districts as they existed at the time of the enactment of the Revised Statutes, and designated the places at which the land-offices were located at that time. By virtue of the provisions of R. S. §§ 2248-2255 (§§ 4504-4512), the Pres- ident and the Secretary of the Interior were authorized to discontinue, consolidate, annex, or change the bound- aries of the various land-districts; and the President was authorized to change the location of the land-offices in the several districts, and to relocate the same from time to time at places in the districts deemed by him expedient. Pursuant to these sections and subsequent acts, the bound- Ch. 3) 3 4515b THE PUBLIC LANDS [Page 677] aries of the land-districts and the locations of the land- offices have been changed from time to time. In some States land-districts and land-offices have been abolished or discontinued altogether; in others the number of dis- tricts has been reduced by consolidation, annexation, or discontinuance; in others the number has been increased by the Creation of new districts. Where this has occurred the boundaries as established by this section have neces- Sarily been changed. In a few states only no changes have been made. The provisions of this section being no longer applicable to the present status, it is accordingly Omitted. The Acts of Congress establishing new dis- tricts Subject to change in the same manner are also Omitted, for the same reason. They are, however, noted below. The districts as they now exist are raerely enumer- ated, and the location of the land-offices therein given, Without, attempting to set forth their boundaries. The land-districts in Ohio, Indiana, and IIlinois, established by this Section, were abolished by § 4515. The office of recorder of land titles of the state of Missouri was also abolished by the same provision. The land-office at Des Moines, Iowa, was abolished by § 4516. The office of re- Cel Ver at Springfield, Mo., was abolished by § 4515a. The acts Creating, or authorizing the creation of, new land- districts were as follows: Alaska: Act May 17, 1884, c. 53, § 8, 23 Stat. 26; Act July 24, 1897, c. 14, § 4, 30 Stat. 215; Act May 14, 1898, c. 299, § 12, 30 Stat. 414. Cali- fornia: Act June 15, 1916, c. 147, 39 Stat. Colorado: Act June 20, 1874, c. 341, 18 Stat. 122; Act Aug. 4, 1986, c. 895, § 1, 24 Stat. 218; Act Feb. 6, 1890, c. 7, 26 Stat. 5. Idaho: Act Feb. 4, 1879, c. 48, 20 Stat. 282. Kansas: Act June 20, 1874, c. 340, 18 Stat. 121; Act May 24, 1880, c. 100, 21 Stat. 141; Act March 3, 1881, c. 146, 21 Stat. 508. Montana : Act June 20, 1874, c. 342, 18 Stat. 123; Act April 30, 1880, c. 71, 21 Stat. 81; Act April 1, 1890, c. 60, –26 Stat. 33; Joint Res. Aug. 8, 1890, No. 36, 26 Stat. 677. Act March 2, 1897, c. 355, 29 Stat. 602; Act April 28, 1902, C. 595, 32 Stat. 171; Act Feb. 5, 1906, c. 83, 34 Stat. 11; Act. Feb. 25, 1907, c. 1191, 34 Stat. 929; Act Feb. 15, 1910, g: 27, 36 Stat. 192. Nebraska : Act June 19, 1882, c. 230, 22 Stat. 206; Act May 3, 1886, c. 81, 24 Stat. 20; Act April 16, 1890, c. 83, 26 Stat. 55. Nevada. : Act Oct. 3, 1913, c. 19, 38 Stat. 203. New Mexico: Act March 3, 1874, C. 43, 18 Stat. 18; Act Dec. 18, 1888, c. 6, 25 Stat. 637; Act March 1, 1889, c. 327, 25 Štat. 772; Act March 16, 1908, C., 93, 35 Stat. 45; Act June 22, 1910, c. 320, 36 Stat. 585. Oklahoma: Act May 2, 1890, c. 182, § 19, 26 Stat. 91; Act Jan. 18, 1897, c. 62, § 6, 29 Stat. 491; Áct March 3, 1901, c. 846, § 3, 31 Stat. 1093. Oregon: Act Jan. 11, 1875, c. 13, 18 Stat. 294; Act May 21, 1888, c. 297, 25 Stat. 152; Act March 15, 1910, c. 97, 36 Stat. 238. South Da- kota: . Act May 29, 1908, c. 220, § 13, 35 Stat. 468; Act Feb. 6, 1909, c. 77, 35 Stat. 597. Utah: Act April 25, 1876, c. 78, 19 Stat. 36; Act March 3, 1905, c. 1450, 33 tat. 1014. Washington: Act Aug. 15, 1876, c. 307, 19 Stat. 207; Act June 16, 1880, c. 242, 21 Stat. 283; Act May 16, 1890,_c. 215, 26 Stat. 113. Wyoming: Act. Aug. 9, 1876, c. 256, 19 Stat. , 126; , Act, March 3, 1887, c. 362, § 1, 24 Stat. 509; Act April 23, 1890, c. 153, 26 Stat. 61; Dakota : Act April 24, 1874, c. 127, 18 Stat. 34; Act Jan. 21, 1880, C. 8, 21 Stat. 60; Act March 23, 1882, c. 49, 22 Stat. 33; Act March 3, 1883, c. 140, 22 Stat. 582; Act Sept. 26, 1890, C. 946, 26 Stat. 485. The President was authorized to Create not to exceed two land-districts in the Indian Ter- ritory whenever he deemed it necessary, by Act March 2, 1889, c. 412, § 15, 25 Stat. 1006. Nearly all of the acts Creating, or authorizing the creation of, new districts con- tained provisions authorizing the appointment of a regis- ter and receiver for each of the districts so created, des- ignating the location of the land-offices, and relating to the transfer of records, etc., from the old offices to the new. They also in many instances contained repetitions of one or more of sections 2248-2255 Of the Revised Stat- utes (§§ 4504-4512). The President was authorized and em- powered to establish or discontinue land-districts in Alaska. by § 4517. The number of land-offices in Alaska was re- duced to one by § 4518, but that section was superseded by the creation of the Nome and Fairbanks land-districts by § 4519. The Government of the Philippine Islands was authorized to establish land-districts and to provide for the appointment of the necessary officers wherever they deem the same necessary for the public Convenience, by § 3862. The existing land districts are as follows: Montgomery. Alaska.: Fairbanks, Juneau, Nome. Ari- Zona : Phoenix. Arkansas: Camden, Harrison, Little Rock. California: Eureka, Imperial, Independence, Los Angeles, Sacramento, San Francisco, Susanville, Visalia. Colorado: Del Norte, Denver, Durango, Glenwood Springs, IIugo, Lamar, Leadville, Montrose, Pueblo, Sterling. Flor- ida: Gainesville. Idaho: Blackfoot, Boise, Coeur d’Alene, Hailey, Lewiston. Kansas : Dodge City, Topeka. Louisi- ana : Baton Rouge. Michigan : Marquette. Minnesota: Cass Lake, Crookston, Duluth. Mississippi: Jackson. Missouri: Springfield. Montana: Billings, Bozeman, Glas- gow, Great Falls, Havre, Helena, Kalispell, Lewistown, Miles, City, Missoula. Nebraska.: Alliance, Broken Bow, Lincoln, North Platte, O’Neill, Valentine. Nevada: Car. Son City, Elko. New Mexico: Clayton, Fort Sumner, Las Cruces, Roswell, Santa Fé, Tucumcari. North Dakota. : Bismarck, Devils Lake, Dickinson, Minot, Williston. Ok- Alabama : lahoma: Guthrie, Woodward. Oregon : Burns, La Grande, Lakeview, Portland, Roseburg, The Dalles, Vale. South Dakota. : Bellefourche, Gregory, Lemmon, Pierre, Rapid City, Timber Lake. Utah: Salt Lake City, Vernal. Wash- North Yakima, Olympia, Seattle, Spokane, Van- Wisconsin: Wausau. Evanston, Lan- ington: couver, Walla Walla, Waterville. Wyoming: Buffalo, Cheyenne, Douglas, der, Sundance. § 4514. Recorder of land titles in Missouri discontinued—Whenever the Secretary of the Interior Shall be Of the Opinion that the public interest no longer requires the continuance of the Office of re- COrder Of land titles in Missouri, he may close and dis- COntinue the same ; and all of the records, maps, plats, field-notes, books, papers, and everything else con- Cerning, pertaining, or belonging to said office of re- COrder, shall be delivered to the State Of Missouri: Provided, however, That said State shall provide by law for the reception and safe-keeping of said records, Imaps, plats, field-notes, books, papers, and everything else belonging to said office of recorder, as public rec- Ords, and for the allowance of free access to the same by the authorities of the United States, for the pur- pose Of taking extracts therefrom, or making copies thereof, Without charge of any kind: And provided further, That when said office of recorder shall be ClOSed and discontinued as aforesaid, the Commis- Sioner Of the General Land-Office shall forever there- after possess—and exercise-all of the powers and au- thority and perform all the duties of Said recorder. (June 6, 1874, c. 223, § 3, 18 Stat. 62.) § 4515. Land-offices in Öhio, Indiana, and Illinois, and recorder of land titles in Missouri, abolished—The land offices at Chillicothe, Ohio, In- dianapolis, Indiana, Springfield, Illinois, and the Of- fice Of recorder Of land-titles Of the State Of MissOuri, are hereby abolished, from and after the thirtieth day of September next and the Secretary of the Interior is hereby authorized to transfer to the States respec- tively aforesaid such of the transcripts, documents, and records Of the Offices aforesaid as many not be required for the use of the United States, and as the States respectively in which said Offices are situated may desire to preserve. (July 31, 1876, c. 246, 19 Stat. 121.) § 4515a. Office of receiver at Springfield, Mo., abolished—The office of receiver of public moneys at Springfield, Missouri, shall, ten days from and after the passage and approval of this Act, be abolished and Cease to exist; and that all the powers, duties, obliga- tions, and penalties at that time lawfully imposed up- on such receiver, and upon the register of the land office at Springfield, Missouri, shall, from and after that date, be exercised by and imposed upon Such register; and such register shall, in addition to the duties thus imposed, have charge of and attend to the sale of public lands within the State of Missouri, as provid- ed by law and Official regulation, and shall be a C- Countable under his Official bond for the proceeds Of such sales, and for all fees, commissions, and other moneys received by him under any provision of law or Official regulation : Provided, That all the fees and Commissions now allowed by law to both such regis- ter and Such receiver Shall, ten days after the pas- Sage and approval of this Act, be paid to and account- ed for by such register in the same manner and in like amounts in which they are now required to be paid to and accounted for by such receiver, but the salary, fees, and COImmissions Of Such register shall not ex- ceed $3,000 per annum. (May 2, 1914, c. 74, § 1, 38 Stat. 371.) § 451.5b. Books and records of land office at Springfield, Mo., delivered to register—All official and public books, papers, plats, records, and property Of eVery description found and remaining in the said land Office ten days from and after the approval of this Act shall be delivered to the register of the said Office, Who shall become the custodian of the same, un- der the direction of the Commissioner of the Gen- eral Land Office. (May 2, 1914, c. 74, § 2, 38 Stat. 372.) g 3 4516 (Tit, 32 THE PUBLIC LANDS [Page 678] § 45 16. Larad-office at Des Moines, Iowa, abol- ished--The land office at Des Moings, Iowa, shall be, and is hereby, abolished from and after the twenty- eighth day Of February, nineteen hundred and ten ; and the Secretary of the Interior is hereby authorized to transfer to the State of Iowa Such of the tran- Scripts, documents, and records of the Office as are not required for the use of the United States and as the State may desire to preserve. (Feb. 15, 1910, C. 28, 36 Stat. 193.) § 4517. Land-districts and offices in Alaska; registers and receivers—The President is authorized and empowered, in his discretion, by Executive Order from time to time to establish Or discontinue land districts in [the District of] Alaska, and to define, Iłłodify, or Change the boundaries thereof, and desig- nate or Change the location of any land Office therein ; and he is also authorized and empowered to appoint, by and With the advice and consent Of the Senate, a register for each land district he may establish and a receiver of public moneys therefor; and the register and receiver appointed for such district shall, during their respective terms of Office, reside at the place designated for the land Office. The registers and re- ceivers of public moneys in the land districts of Alas- ka. Shall each receive an annual salary Of One thou- Sand five hundred dollars and the fees provided by law for like Officers in the State of Oregon, not to exceed, including such salary and fees, a total an- nual COmpensation of three thousand dollars for each of said officers. (May 14, 1898, c. 299, § 12, 30 Stat. 414.) Text in brackets superseded by organization of Alaska as a territory by §§ 3528–3544. - § 4518. Same; number and location—On and after June first, nineteen hundred and two, the num- ber of land Offices and land districts in [the district of] Alaska is hereby reduced to One, the location Of Which shall be fixed by the President. (Feb. 14, 1902, c. 17, § 1, 32 Stat. 20.) See § 4517 and note. § 4519. Same; additional districts—There are hereby Created two additional land districts, the boundaries of which shall be designated by the Pres- ident, in [the district of] Alaska, to be known as the Nome land district and the Fairbanks land district, With the land offices located, respectively, at Nome, Alaska, and Fairbanks, Alaska. (March 2, 1907, C. 2537, § 1, 34 Stat. 1232.) See § 4517 and note. § 4520. Same; additional distriets; registers and receivers--The Clerks Of the district Courts at Nome and Fairbanks shall respectively be ex-officio registers Of the land Offices at Nome and Fairbanks and the marshals Of the Said Courts at Nome and Fair- banks shall be ex-Officio receivers of public moneys for the Nome and Fairbanks land districts. Said officers shall perform the several duties of register of the land Office and receiver of public moneys for the land dis- tricts with all the powers incident to such offices to the same extent as now performed by the register of the land office and the receiver of public moneys at Juneau, Alaska. (March 2, 1907, c. 2537, § 2, 34 Stat. 1232.) § 4521. Same; compensation of officers in ad- ditional districts—The said officers shall, in addi- tion to their present compensation as clerk or mar- Shal as provided by law, receive all the fees and com- missions allowed by law for their services as registers Of land offices and receivers of public moneys for land districts under the land laws: Provided, That any fees or commissions in excess of one thousand five hundred dollars per annum received by either such Officials shall be paid into the Treasury of the United States: Provided, That no other salary than afore- Said shall be paid such registers and receivers. (March 2, 1907, c. 2537, § 3, 34 Stat. 1232.) See § 4473. § 4522. Same; surveys in additional districts —The Surveyor-general of [the district of] Alaska, un- der the direction of the Secretary of the Interior, shall furnish the receivers of Said land Offices a sufficient quantity of numbers to be used in the different classes Of official surveys that may be made in said Nome and Fairbanks land districts to meet the requirements thereof, and upon application by any person desiring to have an Official Survey made the receivers shall furnish a number or numbers for such survey or sur- veys, together with an order directing a qualified dep- uty Surveyor to make the same, and such application, Order, and the fee required to be paid to the Surveyor- general in [the district of] Alaska shall be transmit- ted to the surveyor-general: Provided, That all sur- Veys thus made shall be approved by the surveyor- general as at present. (March 2, 1907, c. 2537, § 4, 34 Stat. 1232.) See § 4517 and note. Chapter Three A–Withdrawal from Settlement, Location, Sale, or Sec. Entry 4523. Withdrawal and reservation of lands for water-power sites or other purposes. * 4524. Lands Withdrawn open to exploration under mining laws; rights of occupants or claimants of oil or gas bearing lands; forest reserves. 4525. Reports of withdrawals to Congress. 4526. Withdrawal of lands in Indian reservations, for power or reservoir sites. 4527. Exchange of private lands included in Indian reserva- tion for Other lands. 4528. Opening of lands restored to entry after withdrawals. 4529. Same. - 4529a. Exchange of lands with state of North Dakota. § 4523. Withdrawal and reservation of lands for water-power sites or other purposes—The President may, at any time in his discretion, tem- porarily withdraw from settlement, location, sale, or entry any of the public lands of the United States including [the District of] Alaska and reserve the same for water-power sites, irrigation, classification Of lands, or other public purposes to be specified in the Orders Of withdrawals, and Such withdrawals Or reservations shall remain in force until revoked by him or by an Act of Congress. (June 25, 1910, C. 421, § 1, 36 Stat. 847.) - Text in brackets superseded by organization of Alaska. as a Territory by §§ 3528–3544. See, also, $$ 4702-4704, for withdrawal of lands for irrigation works. § 4524. Lands withdrawn open to explora- tion under mining laws; rights of occupants or claimants of oil or gas bearing lands; forest reserves—All lands withdrawn under the provisions Of this Act shall at all times be open to exploration, discovery, Occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any Order Of With- drawal heretofore Or hereafter made, is a bOna fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution Of work leading to the discovery Of Oil or gas, shall not be affected or impaired by Such Order so long as such Occupant or claimant shall Continue in diligent prose- cution of said work: Provided further, That this Act shall not be COInstrued as a recognition, abridg- ment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of Such lands made prior to June twenty- fifth, nineteen hundred and ten: And provided fur- ther, That there shall be excepted from the force and effect of any withdrawal made under the provisions Of this Act all lands which are, On the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law ; but the terms of this proviso shall not con- tinue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry Or Settlement Was º Ch. 5) 3 4529a THE PUBLIC LANDS [Page 679] made: And provided further, That hereafter no forest reserve Shall be Created, nor Shall any additions be made to One heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act Of Congress. (June 25, 1910, c. 421, § 2, 36 Stat. 847, amended, Aug. 24, 1912, c. 369, 37 Stat. 497.) § 4525. Reports of withdrawals to Congress— The Secretary of the Interior shall report all Such withdrawals to Congress at the beginning Of its next regular Session after the date of the Withdrawals. (June 25, 1910, c. 421, § 3, 36 Stat. 848.) § 4,526. Withdrawal of lands in Indian res- ervations, for power or reservoir sites—That the Secretary of the Interior be, and he is hereby, au- thorized, in his discretion, to reserve from iocation, entry, Sale, allotment, or other appropriation any lands Within any Indian reservation, valuable for power Or reservoir sites, or which may be necessary for use in connection with any irrigation project here- tofore or hereafter to be authorized by Congress: Provided, That if no irrigation project shall be au- thorized prior to the opening of any Indian reserva- tion Containing such power or reservoir sites the Secretary of the Interior may, in his discretion, re- Serve such sites pending future legislation by Con- greSS for their disposition, and he shall report—to Congress all reservations made in conformity with this Act. (June 25, 1910, c. 431, § 13, 36 Stat. 858.) § 4527. Exchange of private lands, ineluded in Indian reservation for other lands—Any pri- vate land Over which an Indian reservation has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the Owner thereof and under such rules and regulations as may be prescribed by the Secretally of the Interior, for vacant, nonmineral, nontimbered, Surveyed public lands of equal area and Value and situated in the same State Or Territory. (April 21, 1904, c. 1402, § 1, 33 Stat. 21.1.) § 4528. Opening of lands restored to entry after withdrawals—Hereafter when public lands are excluded from national forests or released from withdrawals the President may, whenever in his judg- ment it is proper or necessary, provide for the Open- ing of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest Of equal Opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers Only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto. (Sept. 30, 1913, c. 15, § 1, 38 Stat. 113.) Proclamations issued under this section : WIarch 21, 1917, lands in Crook National Forest, Arizona. June 30, 1917, lands in Palisades National Forest, Idaho and Wyoming. August 3, 1917, Dakota National Forest, North Dakota; Wasatch National Forest, Utah. Sept. 27, 1917, Fremont National Forest, Oregon; Wal- lowa. National Forest, Oregon. Oct. 9, 1917, Cache National Forest, Idaho and Utah. § 4529. Same—Where under the law the Sec- retary of the Interior is authorized or directed to make restoration of lands previously, withdrawn he may also restrict the restoration as prescribed in Sec- tion one of this Act. (Sept. 30, 1913, c. 15, § 2, 38 Stat. 114.) § 4529a. Exchange of lands with state of North Dakota—Upon receipt of a proper deed from the State of North Dakota, executed under author- ity of the Act of its legislative assembly, approved February fifth, nineteen hundred and fifteen, recon- veying to the United States title to section sixteen, township one hundred and thirty-eight north, range eighty-one west, fifth principal meridian, the Sec- vetary Of the Interior is authorized to issue patents to Said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be se- lected by Said State within its boundaries, not ex- Ceeding One thousand two hundred and eighty acres in aggregate area, and said section when so reconvey- ed Shall not be subject to settlement, location. entry, Or Selection under the public-land laws, but shall be reserved for the use of the Department of Agricul- ture in Carrying on experiments in dry-land agricul- ture at the Northern Great Plains Field Station, Man- § North Dakota. (July 3, 1916, c. 219, 39 Stat. Chapter Four—Pre-emptions (R. S. §§ 2257–2274. Repealed.) Sections 2257-2274, 2277–2285, and 2287 were expressly re- pealed by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, together with all other acts or parts of acts relating to the pre-emption of the public lands. Sections 2275, 2276, and 2286 were expressly excepted from the repeal. Sec- tion 2288 was not so excepted, but it was expressly amend- ed by Section 3 of said Act March 3, 1891, c. 561. All bona fide claims or rights under the pre-emption laws wore saved and might be perfected under their provisions. Numerous acts relating to both pre-emption and home- Stead rights Subsequent to the enactment of the Revised Statutes, and prior to the passage of Act March 3, 1891, c. 561, are omitted from this chapter, as repealed in So far as applicable to pre-emption entries. Such as remain in force and applicable to homestead rights are set forth — —under chapter-5 of this Title. All bona fide claims law- fully initiated before the passage of the repealing act, under any of the provisions of law so repealed, might be perfected upon due compliance with law, in the same manner, upon the same terms and condltions, and Sub- ject to the same limitations, forfeitures, and contests, as if the act had not been passed, by a provision of Sec- tion 4 of the act, Act March 3, 1891, c. 561, § 4, 26 Stat. 1097 (R. S. §§ 2277–2285. Repealed.) See notes to R. S. §§ 2257–2274, at the beginning of this chapter, (R. S. § 2287. Repealed.) See notes to R. S. §§ 2257-2274, at the beginning of this chapter. Chapter Five—Homesteads Who may enter unappropriated public lands. Sec. 4530. 4531. Procedure. 4532. Certificate and patent; leaves of absence; commutation proofs; enlarged entries; arid lands. 4532a. Leaves of absence; proof on Commutation. 4532b. Same; persons entitled. 4532c. Same; existing War. 4533. Failure to give notice of election as to mode of final proof. 4534. Election as to law under which to make final proof. 4535. Right of transfer of settlers under homestead or pre- emption laws. 4536. Relinquishment of claim ; land Open to entry. 4537. Cancellation of claim ; notice. 4538. Time for filing application and perfect entry; of entrywoman; homesteads. marriage 4538a. Marriage of entry man to entryWOman. 4538b. Marriage of entrywoman to allen. 4538c. Rights of Wife abandoned by husband. 4539. Notice of intention to make final proof. 4540. - Testimony for final proof in case of unavoidable delay. 4541. Notice of contest; publication. 4542. Repayment Of excess on final proof or commutation. 4543. Rights inuring to infant chlldren. 4544. Insanity of settlers. 4545. Persons in military or naval service; affidavits. 4545a. Same. 4546. Officers bofore whom affidavits or proofs may be made; perjury; fees. 4547. United States court commissioners; appointment. 4548. Same; administration of oaths. 4549. Same; residence. 4550. Record of applications. 4551. Homestead lands exempt from prior dobts. 4552. Reversion of lands entered to Government. 4553. Leave of absence; crops destroyed or injured. 4554. Same; on destruction or failure of crops, sickness, or unavoidable casualty. 4555. Time for payment extended. 4556. Homestead or desert-land entry after former entry lost, With Out fault. 4557. Limitation of amount of homestead entry. 4558. Same; aggregate amount entered under any land laws. 4559. Same; entry under mineral land laws not inqlılded. 4560. Additional entries; after final proof on entry of less than quarter-section. 4561. Same; land contiguous to former entry of less than Quarter Section. 4562. Commutation of entries under act not allowed. 3 4530 (Tit. 32 THE PUBLIC LANDS [Page 680I Sec. 4563. Enlarged entries of certain nonmineral, nonirrigable lands in certain States. 4564. Same; applications; affidavits; fees. 4565. Same; additional entry of land contiguous to former entry not to exceed limitation. 4566. Same; proof of cultivation; final proofs on additional entries. - - 4567. Same; rights under R. S. § 2289, not affected. 4568. Same; lands in Utah without domestic water supply designated; residence and cultivation. 4568a. Same; additional entry of non-contiguous land; an Ount; patents. 4568b. Same; applications for entry of lands not designated as subject thereto and for additional entry of Con- tiguous land. - 4568c. Same; provisions extended to South Dakota. 4568d. Same; provisions extended to Kansas. 4569. Enlarged entries of certain non-mineral, non-irrigable lands in Idaho. - 4570. Same; applications; affidavits; fees. 4571. Same; additional entry of land contiguous to former en- try not to exceed limitation. 4572. Same; proof of cultivation; final proofs on additional entries. 4573. Same; rights under R. S. § 2289, not affected. 4574. Same; lands without domestie water supply designated; residence and cultivation. 4574a. Enlarged entries; noncontiguous lands; occupancy and improvements; soldiers’ additional homesteads. 4574b. Same; amount of land; soldiers’ additional home- Steads. 4575. Validation of entries, on enlarged homesteads. 4576. Limitation of entries within certain boundaries in Ne- braska, extended; exclusion of irrigable lands. 4577. Same; limit of additional entry of contiguous land. 4578. Same; fees and commissions on entries; commutation. 4579. Benefits of Kinkaid Act extended to certain entries. 4580. Benefits of military service extended to entries under P&inka'id Act. 4581. sºlºr isolated tracts within limits affected by Kinkaid CTC. 4582. Qualifications of entrymen making additional entries on Nobraska arid lands. 4583. Additional entry after commutation of former entry. 4584. Additional entry after loss or forfeiture of former entry. 4585. Entries within limits of railroad grants; extent; addi- tional entries. 4586. Same; extent; additional entries. 4587. Same; patents for additional entries. 4587a. Stock-raising homestead entries; persons entitled to ; Inumber of acres. 4587 b. Same; designation of lands; applications. 4587c. Same; persons entitled to ; effect of entries under § 2. 4587d. Same; additional entries; amount. 4587e. Same; additional entries. 4587f. Same; additional entries; persons entitled to. 4587 g. Same; commutation. 4587h. Same; additional entries; preferential rights. 4587i. Same; reservation of coal and mineral rights. 45873. Same; reservation of land containing water holes. 4587k. Same; rules and regulations. 4588. Rights of minors to privileges of chapter. 4589. Payment before five years; rights of applicant. 4590. Commutation after fourteen months. 4591. No distinction on account of race or color; mineral lands not subject to entry. 4591a. Rights of former entrants on ceded Indian reservations. 4592. Soldiers’ and sailors’ homestead. 4593. Same; deduction of military and naval service from time. 4594. Same; persons Who have entered less than 160 acres. 4595. Same; entries canceled; repayment of fees. 4596. Entries canceled or not confirmed; repayment of fees and purchase-money. g 4597. Appropriation. 4598. Rules by Commissioner of General Land Office. 4599. Proof of loyalty not required. 4600. Soldiers’ additional entries invalid; commutation. 4601. Soldiers’ additional homestead certificates; sale. 4602. Widows and minor children of persons entitled to home- stead. - 4602a. Widows and minor children of applicants for home- steads dying in military or naval service. 4603. Actual service in Army or Navy equivalent to residence. 4604. Service in Army or Navy in time of war equivalent to actual residence. 4604a. Same; military service in connection with operations in Mexico. 4604b. Same; contests. 4605. Entry by agent. 4606. Stockbridge Munsee Indians; rights of. 4607. Same; exemption of homesteads. 4608. Laws extended Over former Ute Indian Reservation in Colorado. - 4609. Reimbursement of Ute Indian fund. 4610. Lands on which Government has cepted. 4611. Indians abandoning tribal relations, 4612. Indians located on public lands; patents. improvements ex- § 4530. Who may enter unappropriated pub- lic lands—Every person who is the head of a family, Or Who has arrived at the age of twenty-One years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as re- Quired by the naturalization laws, shall be entitled to enter One-quarter section, or a less quantity, of un- appropriated public lands, to be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than One hundred and sixty acres of land in any State Or territory, Shall acquire any right under the home- Stead law. And every person owning and residing on land may, under the provisions of this section, enter Other land lying contiguous to his land, which shall not, With the land so already owned and occupied, eXceed in the aggregate one hundred and sixty acres. (R. S. § 2289, amended, March 3, 1891, c. 561, § 5, 26 Stat. 1097.) Additional entries, see §§ 4560-4567. Aggregate amount of land Subject to entry by one person, see § 4558. Home- Stead laws extended to certain Indians, see §§ 4606–4612; to Alaska, See § 5046. Withdrawal of lands, see §§ 4523– 4526. Entry of lands within forest reserves, see § 5162. Reclassification of certain lands in Alabama, see §§ 4656, 4657. Entry of arid lands, see §§ 4696, 4697. Entry of lands in military reservations, see chapter 10H. Entry on railroad land grants, see chapter 10B. Entry on Indian lands, see chapter 10I. Entry on lands in Greer county, Okl., see chapter 10.J. Entry on lands susceptible to ir- rigation, see §§ 4576, 4702-4704. Stock-raising homesteads, See §§ 4587a-4587]<. § 4531. Procedure—Any person applying to enter land under the preceding section shall first make and Subscribe before the proper Officer and file in the proper land Office an affidavit that he Or she is the head of a family, or is over twenty-one years of age, and that Such application is honestly and in good faith made for the purpose of actual settlement and Cultivation, and not for the benefit of any other per- SOn, persons Or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for ; that he or she is not acting as agent Of any person, Corporation, or Syndicate in making Such entry, nor in collusion with any person, Corporation or Syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon ; that he Or she does not apply to enter the same for the pur- pose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement Or Contract in any Way Or manner, With any person Or perSons, Corporation. Or Syndicate whatsoever, by which the title which the or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing Such affidavit with the register or receiver On pay- ment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he Or she shall thereupon be permitted to enter the amount Of land Specified. (R. S. § 2290, almended, March 3, 1891, c. 561, § 5, 26 Stat. 1097.) § 4532. Certificate and patent; leaves of a b- sence; commutation proofs; enlarged entries; arid Iands—No certificate, however, shall be given or patent issued therefor until the expiration of three years from the date of such entry; and if at the ex- piration of such time, or at any time within two years thereafter, the person making such entry, or if he be dead his widow, or in case of her death his heirs Or devisee, or in case of a widow making Such entry Her heirs or devisee, in case of her death, proves by himself and by two credible witnesses that he, She, Or they have a habitable house upon the land and have actually resided upon and cultivated the Same for the term of three years succeeding the time of filing the affidavit, and makes affidavit that no part Of Such Iand has been alienated, except as provided in Sec- tion twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Gov- Ch. 5) 3 4535 THE PUBLIC LANDS IPage 681] ernment of the United States, then in Such case he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in Other Cases provided by law: Provided, That upon filing in the local land office notice of the beginning Of Such ab- sence, the entryman shall be entitled to a Continuous leave of absence from the land for a period not ex- ceeding five months in each year after establishing residence, and upon the termination of Such absence the entryman shall file a notice of such termination . in the local land office, byt in case of commutation the fourteen months’ actual residence as now required by law must be shown, and the person commuting must be at the time a citizen of the United States: Pro- vided, That when the person making entry dies be- fore the offer of final proof those succeeding to the entry must show that the entryman had complied with the law in all respects to the date of his death and that they have since complied with the law in all respects, as would have been required Of the entry- man had he lived, excepting that they are relieved from any requirement of residence upon the land: Pro. vided further, That the entryman shall, in order to comply with the requirements of cultivation herein provided for, cultivate not less than one-sixteenth of . the area of his entry, beginning with the Second year of the entry, and not less than one-eighth, beginning with the third year of the entry, and until final proof, —except that in the case of entries under section six of the enlarged-homestead law double the area of cul- tivation herein provided shall be required, but the Secretary of the Interior may, upon a satisfactory showing, under rules and regulations prescribed by him, reduce the required area of cultivation: Pro- vided, That the above provision as to cultivation shall not apply to entries under the Act of April twenty-eighth, nineteen hundred and four, Commonly known as the Kinkaid Act, or entries under the Act of June Seventeenth, nineteen hundred and tWO, COm- monly known as the reclamation Act, and that the provisions of this section relative to the homestead period shall apply to all unperfected entries as well as entries hereafter made upon which residence is re- quired: Provided, That the Secretary of the Interior shall, within sixty days after the passage of this Act, send a copy of the same to each homestead entryman of record who may be affected thereby, by Ordinary mail to his last known address, and any such entry- man may, by giving notice within one hundred and twenty days after the passage of this Act, by regis- tered letter to the register and receiver of the local land office, elect to make proof upon his entry under the law under which the same was made without re- gard to the provisions of this Act. (R. S. § 2291, amended, June 6, 1912, c. 153, 37 Stat. 123.) R. S. § 2288, is § 4535. Act April 28, 1904, c. 1801, men- tioned in this section, see §§ 4576-4578. Act June 17, 1902, c. 1093, mentioned in this section, see §§ 4700-4708. Fur- ther as to proofs, see §§ 4496, 4533, 4534, 4539, 4546. Fur- ther as to leaves of absence, see §§ 4532a-4532c, 4553, 4554. § 45.32a. Ileaves of absence; proof on commu- tation—The entryman mentioned in Section twenty- two hundred and ninety-One, Revised Statutes of the United States, as amended by the Act of June sixth, nineteen hundred and twelve, thirty-seventh Stat- utes, one hundred and twenty-three, upon filing in the local land Office notice of the beginning of such ab- sence at his option shall be entitled to a leave of ab- sence in One or two continuous periods not exceeding in the aggregate five months in each year after estab- lishing residence; and upon the termination Of Such absence, in each period, the entryman shall file a no- tice of such termination in the local land office; but in Case of COmmutation, the fourteen months actual residence, as now required by law, must be shown, and the person commuting be at the time a citizen of ; United States. (Aug. 22, 1914, c. 270, 38 Stat. 704.) § 4532b. Same; persons entitled—Any quali- fied person who has heretofore or shall hereafter in any homestead settler or good faith make settlement upon and improve unsur- veyed unreserved unappropriated public lands of the TJnited States with intention, upon survey, of enter- ing Same under the homestead laws shall be entitled to a leave of absence in one or two periods not exceed- ing in the aggregate five months in each year after establishment of residence: Provided, That he shall have plainly marked on the ground the exterior boundaries of the lands claimed and have filed in the local land Office notice Of the approximate location of the lands settled upon and claimed, of the period Of intended absence, and that he shall upon the ter-. mination of the absence and his return to the land file notice thereof in the local land office. (July 3, 1916, c. 214, 39 Stat. 341.) § 4532e. Same; existing war—During the pend- ency of the existing war any homestead settler Or entryman shall be entitled to a leave of absence from his land for the purpose of performing farm labor, and such absence, while actually engaged in farm labor, shall, upon compliance with the terms of this Act, be counted as constructive residence: Provided, That each settler or entryman within fifteen days after leaving his claim for the purpose herein pro- vided shall file notice thereof in the United States Land. Office, and at the expiration of the calendar year file in Said land Office Of the district wherein his claim is situated a written —statement, under-Oath and corroborated by two witnesses, giving the date or dates when he left his claim, date or dates of return thereto, and where and for whom he was engaged in farm labor during such period or periods of absence: Provided further, That nothing herein shall excuse entryman from making improvements or performing the cultivation required by applicable law upon his claim or entry: Provided further, That the provisions of this Act shall apply Only to homestead settlers and entrymen who may have filed their application prior to the passage of this Act. The Secretary of the Interior is authorized to provide rules and regulations for carrying this Act into effect. (Dec. 20, 1917, c. 6, 40 Stat.) § 4533. Failure to give notice of election as to mode of final proof–The failure of a homestead entryman to give notice of election of making his proof as required by the Act of June sixth, nineteen hundred and twelve, being an Act to amend sections two hundred and ninety-one and two hundred and ninety-seven of the Revised Statutes of the United States, relating to homesteads, shall not in anywise prejudice his rights to proceed in accordance with the law under which such entry was made. (Aug. 24, 1912, c. 355, 37 Stat. 455.) - - See §§ 4532, 4552. § 4534. Election as to law under which to make final proof–Any person entitled to enter lands under the homestead laws, who may have established residence upon unsurveyed Hands (which were subject. to homestead entry) prior to the passage and ap- proval of the Act of June sixth, nineteen hundred and twelve, entitled “An Act to amend section twenty- two hundred and ninety-One and section twenty-two bundred and ninety-seven, Of the Revised Statutes relating to homesteads,” may perfect his proof for Such lands under said Act of June sixth, nineteen hundred and twelve, or under the law existing at the time Of the establishment Of Such residence, as he may elect, such election to be signified to the Department Of the Interior in a CCOrdance with rules and regula- tions to be prescribed by the Secretary. (March 4, 1913, c. 149, 37 Stat. 925.) § 4535. Right of transfer of settlers under Thomestead or pre-emption laws—Any bona fide set- tier under the preemption, homestead, or other settle- ment Haw shall have the right to transfer, by war- ranty against his own acts, any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, telegraph, telephones, ca- nals, reservoirs, or ditches, for irrigation or drainage 3 4536 (Tit. 32 THE PUBLIC LANDs [Page 682] a CrOSS it ; and the transfer for Such public purposes shall in no way vitiate the right to complete and perfect the title to his claim. (R. S. § 2288, amended, March 3, 1891, c. 561, § 3, 26 Stat. 1097, and March 3, 1905, c. 1424, 33 Stat. 991.) - . § 4536. Relinquishment of claim; land open to entry—When a [pre-emption,] homestead, [Or tim- ber culture] claimant shall file a written relinquish- Iment of his claim in the local land-office, the land COvered by such claim shall be held as Open to Set- tlement and entry without further action on the part of the Commissioner of the General Land Office. (May 14, 1880, c. 89, § 1, 21 Stat. 140.) * . Text in brackets superseded by repeal of pre-emption laws by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, and by § 5116. Relinquishment of entry of land withdrawn from irrigation projects, see § 4714h. - § 4537. Cancellation of claim; notice–In all cases where any person has contested, paid the land- office fees, and procured the cancellation of any [pre- emption,] homestead, [or timber-culture] entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancellatiºn, and shall be allowed thirty days from date of such notice to enter said lands: Provided, That said register shall be entitled to a fee of One dollar for the giving of such notice, to be paid by the contestant and not to be reported: Provided further, That should any such person who has initiated a contest die before the final termination Of the Same, said contest shall not abate by reason thereof, but . his heirs who are citizens of the United States, may continue the prosecution under such rules and regula- tions as the Secretary of the Interior may prescribe, and said heirs shall be entitled to the same rights under this act that Contestant would have been if his death had not occurred. (May 14, 1880, c. 89, § 2, 21 Stat. 141, annended, July 26, 1892, c. 251, 27 Stat. 270.) See § 4536 and note. See, also, § 4480. * - § 4538. Time for filing application and per- fecting entry; marriage of entrywoman; home- steads—Any settler Who has settled, Or Who shall here- after settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the in- tention of Claiming the same under the homestead laws, shall be allowed the Same time to file his home- stead application and perfect his Original entry in the United States land-Office as is now allowed to settlers under the pre-emption laws to put their claims on rec- ord, and his right shall relate back to the date of settle- ment, the Sarae as if he settled under the pre-emption laws. . Where an unmarried woman who has heretofore set- tled, or may hereafter settle, upon a tract of public land, improved, established, and maintained a bona fide residence thereon, with the intention of appropri- ating the same for a home, subject to the homestead law, and has married, or shall hereafter marry, be- fore making entry of said land, or before making ap- plication to enter said land, she shall not On a CCOunt of her marriage forfeit her right to make entry and receive patent for the land : Provided, That she does not abandon her residence on said land, and is Other- wise qualified to make homestead entry : Provided further, That the man whom she marries is not, at the time of their marriage, claiming a separate tract of land under the homestead law. That this Act shall be applicable to all unpatented lands claimed by such entrywoman at the date of passage. Provided, That any settler upon lands designated by the Secretary Of the Interior as subject to the provisions of Sections one to five Of the enlarged homestead Acts of Febru- ary nineteenth, nineteen hundred and nine (Thirty- fifth Statutes at Large, page six hundred and thirty- nine), and June seventeenth, nineteen hundred and ten {Thirty-sixth Statutes at Large, page five hundred and thirty-one), shall be entitled to the preference right of entry accorded by this section, provided he shall have plainly marked the exterior boundaries of the lands claimed as his homestead: And provided fur- ther, That after the designation by the Secretary of the Interior of public lands for entry under the non- residence provisions of the enlarged homestead Acts of February nineteenth, nineteen hundred and nine, and June seventeenth, nineteen hundred and ten, any person who shall have plainly marked the exterior boundaries of the lands claimed under said provi- Sions of law and made valuable improvements there- On Shall have a preference right to enter the lands so claimed and improved at, any time within three months after the date on which such lands become Subject to entry; but such right shall forfeit un- less the settler or claimant under the provisions of the enlarged homestead Acts shall annually cultivate and improve the lands in the form and manner and to the extent therein required following date of initiation of his claim hereunder. (May 14, 1880, c. 89, § 3, 21 Stat. 141, amended, June 6, 1900, c. 821, 31 Stat. 683, and Aug. 9, 1912, c. 280, 37 Stat. 267.) See §§ 4563-4574. - . § 4538a. Marriage of entryman to entrywo- man—The marriage of a homestead entryman to a homestead entrywoman after each shall have ful- filled the requirements of the homestead law for One year next preceding such marriage shall not im- pair the right of either to a patent, but the husband Shall elect, under rules and regulations prescribed by the Secretary of the Interior, on which of the two entries the home shall thereafter be made, and resi- dence thereon by the husband and wife shall COn- stitute a compliance with the residence requirements upon each entry: Provided, That the provisions here- of shall apply to existing entries. (April 6, 1914, C. 51, 38 Stat. 312.) - - - § 4538b. Marriage of entrywoman to alien— Any female citizen of the United States who has initiated a claim to a tract of public land under any Of the laws applicable thereto, and who thereafter has Complied with all the conditions as to the acquisition Of title to such land prescribed by the public-land laws Of the United States, shall, notwithstanding her inter- marriage With an alien, Who is entitled to become a Citizen of the United States, be entitled to a certificate or patent to Such entry equally as though she had remained unmarried or had married an American citizen. (Oct. 17, 1914, c. 325, 38 Stat. 740.) § 4538e. Rights of wife abandoned by haºs- barad–In any case in which persons have regularly in- itiated claims to public lands as Settlers thereon un- der the provisions of the homestead laws and the wife of such homestead settler or entryman, while resid- ing upon the homestead claim and prior to submission of final proof of residence, cultivation, and improve- ment as prescribed by law, has been abandoned and deserted by her husband for a period of more than one year, the deserted wife shall, upon establishing the fact of such abandonment or desertion to the Sat- isfaction of the Secretary of the Interior, be entitled to submit proof upon such claim and obtain patent therefor in her name in the form, manner, and subject to the conditions prescribed in Section twenty-two hundred and ninety-one of the Revised Statutes Of the United States and Acts supplemental thereto and amendatory thereof: Provided, That in such cases the Wife shall be required to show residence upon, Cul- tivation, and improvement of the homestead by herself for Such time as when, added to the time during which her husband prior to desertion had complied With the law, would aggregate the full amount Of residence, improvement, and cultivation required by law: And provided further, That the published and posted no- tices of intention to submit final proof in such cases shall recite the fact that the proof is to be offered and patent sought by applicant as a deserted wife, and, prior to its submission, notice thereof shall be served upon the husband of the applicant in such a manner and under such rules and regulations as the Secretary Ch. 5) ź 4546 THE PUBLIC LANDS of the Interior shall preseribe. . (Oct. 22, 1914, c. 335, 38 Stat. 766.) § 4539. Notice of intention to make final proof–Before final proof shall be submitted by any person claiming to enter agricultural lands under the laws providing for [pre-emption or] homestead entries, such person shall file with the register of the proper land-office a notice of his or her intention to make Such proof, stating therein the description of lands to be entered, and the names of the witnesses by whom the necessary facts will be established. Upon the filing of such notice, the register shall publish a notice, that such application has been made once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice Shall Contain the names of the witnesses as stated in the application. At the expiration of said period of thir- ty days, the claimant shall be entitled to make pl’OOf in the manner heretofore provided by law. The Sec- retary Of the Interior shall make all necessary rules for giving effect to the foregoing provisions. (March 3, 1879, c. 192, 20 Stat. 472.) - Text in brackets superseded by repeal of pre-emption laws by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097. See § 4549. § 4540. Testimony for final proof in case of unavoidable delay—The “act to provide additional regulations for homestead and pre-emption entries of public lands,” approved March third, eighteen hun- dred and seventy-nine, shall not be construed to for- bid the taking of testimony for final proof within ten days following the day advertised as 'upon which such final proof shall be made, in cases where accident or unavoidable delays have prevented the applicant or Witnesses from making such proof on the date speci- fied. (March 2, 1889, c. 381, § 7, 25 Stat. 855.) See § 4539. § 4541. Notice of contest; publication—The notices of contest now provided by law under the homestead, [pre-emption and tree-culture] laws of the United States shall, after the passage of this act, be printed in some newspaper printed in the county Where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land. (June 3, 1878, c. 152, § 1, 20 Stat. 91.) Text in brackets Superseded by repeal of pre-emption º: By Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, and by § 5116. § 4542. Repayment of exeess on final proof or commutation—In all cases in which homestead entrymen upon final proof or commutation shall have been required to pay more than the lawful purchase money for their lands, the Secretary of the Interior Shall Cause the excess to be repaid to the entryman or to his heirs or assigns. (March 2, 1907, c. 2568, 34 Stat. 1248.) * § 4543. Rights inuring to infant children—In Case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of Such infant child or children; and the executor, ad- ministrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose, and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office-fees and sum of money above specified. (R. S. § 2292.) Section 4532 and this section made applicable to certain settlers in Greer county, Okl., by § 5040. § 4544. Insanity of settlers—In all cases in which parties who regularly initiated claims to public lands as settlers thereon according to the provisions Of the [pre-emption Orl homestead laws, have become [Page 683] insane or shall hereafter become insane before the expiration of the time during which their residence, cultivation, or improvement of the land claimed by them is required by law to be continued in Order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any per- son who may be legally authorized to act for them dur- ing their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the Gen- eral Land Office that the parties Complied in good faith with the legal requirements up to the time of their becoming insane, and the requirement in home- Stead entries Of an affidavit Of allegiance by the ap- plicant in certain Cases as a prerequisite to the is- suing Of the patents shall be dispensed with SO far as regards such insane parties. (June 8, 1880, c. 136, 21 Stat. 166.) See § 4541 and note. • § 4545. Persons in military or naval service; affidavits—In case of any person desirous of availing himself of the benefits of this chapter; but who, by reason of actual service in the military or naval serv- ice Of the United States, is unable to do the personal preliminary acts at the district land-Office which the preceding sections require; and whose family, Or SOme member thereof, -is-residing-on-the land—which he de- sires to enter, and upon which a bona-fide improve- ment and Settlement have been made, such perSOn may make the affidavit required by law before the officer COmmanding in the branch Of the Service in which the party is engaged, which affidavit shall be as binding In law, and with like penalties, as if taken before the register. Or receiver ; and upon such affidavit being filed with the register by the wife or other represent- ative Of the party, the same shall become effective from the date of such filing, provided the applica- tion and affidavit are accompanied by the fee and com- missions as required by law. (R. S. § 2293.) § 4545a. Same—During the continuance of the present war with Germany, and until his discharge from Service, any man serving in the armed forces of the United States, who, prior to the beginning of his Services was a settler, an applicant, or entryman un- der the land laws of the United States, or who has, prior to enlistment, filed a contest, with the view of exercising preference right of entry therefor, may make any affidavit required by law or regulation of the department, affecting such application, entry, or Contest, or necessary to the making of entry in the Case Of the successful termination of such contest a Warding him preference right of entry, before his commanding officer as provided in section twenty-two hundred and ninety-three of the Revised Statutes of the United States, which affidavits shall be as binding in law and with like penalties as if taken before the Register of the United States Land Office. (Oct. 6, 1917, c. 86, 40 Stat. 391.) § 4546. Officers before whom affidavits or proofs may be made; perjury; fees—Hereafter all proofs, affidavits, and oaths of any kind whatso- ever required to be made by applicants and entrymen under the homestead, [pre-emption, timber-culture, desert-land, and timber and stone Acts, may, in addi- tion to those now authorized to take such affidavits, proofs, and oaths, be made before any United States COImmissioner Or Commissioner of the Court exercis- ing Federal jurisdiction in the Territory or before the judge Or Clerk of any court of record in the county, parish, or land district in which the lands are sit- uated: Provided, That in case the affidavits, proofs, and Oaths hereinbefore mentioned be taken Out of the County in which the land is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and Oaths in the land districts in which the lands applied for are located; but such # 4546 (Tit. 32 THE PUBLIC LANDS [Page 684] showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, or which may have here- tofore been so made and duly subscribed, shall have the same force and effect as if made before the regis- ter and receiver, when transmitted to them. With the fees and Commissions allowed and required by law. If any witness making such proof, or any applicant making such affidavit or oath, shall knowingly, Will- fully, or Corruptly swear falsely to any material Imat- . ter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. The fees for entries and for final proofs, when made before any other officer than the register and receiver, Shall be as follows: For each affidavit, twenty-five cents. For, each deposition of claimant or witness, when not prepared by the Officer, twenty-five cents. For each deposition of claimant or witness, prepar- ed by the Officer, One dollar. Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars. (R. S. § 2294, amended, May 26, 1890, c. 355, 26 Stat. 121, March 11, 1902, c. 182, 32 Stat. 63, and March 4, 1904, c. 394, 33 Stat. 59.) Text in brackets superseded by repeal of pre-emption laws, by Act March 3, 1891, .. 561, § 4, 26 Stat. 1097, and by § 5116. And see § 4589. § 4547. United States court commissioners; appointment—The Chief justice Of the COUrt eXer- cising Federal jurisdiction in the Territories shall have power to appoint commissioners in the several judicial districts, to be known. When appointed as TJnited States Court Commissioners. (March 2, 1895, c. 174, § 1, 28 Stat. 744.) - - & § 4548. Same; administration of oaths—Said Commissioners shall have power, and it shall be their duty on application by proper person, to administer the oaths in preliminary affidavits and final proofs re- quired under the homestead, pre-emption, timber Cul- ture, and desert-land laws in their respective districts, in like manner as provided for in reference to United States Circuit Court commissioners, in the Act Of May twenty-sixth, eighteen hundred and ninety. Twenty- sixth Statutes at Large, page one hundred and twen- ty-one. (March 2, 1895, c. 174, § 2, 28 Stat. 744.) § 4549. Same; residence—No Commissioner shall be appointed who resides within thirty miles of any local land office, nor shall. any Commissioner be ap- pointed who resides within thirty miles of any other commissioner. (March 2, 1895, c. 174, § 3, 28 Stat. 744.) - § 4550. Record of applications—The register of the land-Office shall note all applications under the proVisions of this chapter, On the tract-books and plats of his office, and keep a register of all such en- tries, and make return thereof to the General Land Office, together with the proof upon which they have been founded. (R. S. § 2295.) - - § 4551. Homestead lands exempt from prior debts—No lands required [acquired] under the provi- sions of this chapter shall in any event become liable to the satisfaction of any debt conti’acted prior to the issuing of the patent therefor. (R. S. § 2296.) § 4552. Reversion of lands entered to Govern- ment—If, at any time after the filing of the affidavit as required in Section twenty-two hundred and nine- ty and before the expiration of the three years men- tioned in section twenty-two hundred and ninety- One, it is proved, after due notice to the settler, to the satisfaction of the register of the land office that the person having filed such affidavit has failed to establish residence within six months after the date of entry, Or abandoned the land for more than six months at any time, then and in that event the land so en- tered shall revert to the Government: Provided, That the three years' period of residence herein fixed shall date from the time of establishing actual permanent residence upon the land: And provided further, That Where there may be climatic reasons, sickness, Or Other unavoidable cause, the Commissioner of the General Land Office may, in his discretion, allow the Settled twelve months from the date of filing in which to Commence his residence . On Said land under such rules and regulations as he may prescribe. (R. S. § 2297, amended, March 3, 1881, c. 153, 21 Stat. 511, and June 6, 1912, c. 153, 37 Stat. 123.) § 4553. Leave of absence; crops destroyed or injured—It shall be lawful for homestead [and pre- emption] settlers on the public lands, [and in all Cases. Where pre-emptions are authorized by law, where crops have been or may be destroyed or se- riously injured by grasshoppers, to leave and be ab- sent from said lands, under such rules and regula- tions, as to proof of the same, as the Commissioner of the General Land Office shall prescribe; but in no case shall such absence extend beyond one year con- tinuously; and during such absence no adverse rights shall attach to said lands, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred. (July 1, 1879, c. 63, § 1, 21 Stat. 48.) - - - - - . Text in brackets superseded by repeal of pre-emption laws, by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, and by § 5116. Further as to leaves of absence, see §§ 4532, 4532a-4532c, 4554. . § 4554. Same; destruction or failure of crops, sickness, or unavoidable casualty—That When- ever it shall be made to appear to the register and receiver of any public land office, under such regu- lations as the Secretary of the Interior may prescribe, that any settler upon the public domain under eXisting law is unable by reason of a total or partial destruc- tion or failure of crops, sickness, or other unavoid- able casualty, to secure a support for himself, her- self, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such Settler So granted leave of absence shall forfeit no rights by reason of such absence: Provided, That the time of such actual absence shall not be deducted from the actual residence required by law. That if any Such settler has heretofore forfeited his or her entry for any of said reasons, such person shall be permitted to make entry of, not to exceed a quarter Section. On any public land subject to entry under the homestead law, and to perfect title to the same under the Same conditions in every respect as if he had not made the former entry. (March 2, 1889, c. 381, § 3, 25 Stat. 854, amended, Dec. 29, 1894, c. 14, 28 Stat. 599.) § 4555. Time for payzment extended—Whenever it shall appear by the filing of such evidence in the offices of any register and receiver as shall be prescrib- ed by the Secretary of the Interior that any settler On the public lands, by reason of a failure of Crops for which he is in no wise responsible, is unable to make the payment on his homestead [or pre-emption] claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the same becomes due. (Sept. 30, 1890, No. 59, 26 Stat. 684.) See § 4553 and note. - § 4556. Homestead or desert—land entry aft- er former entry lost without fault—Any perSOn Otherwise duly qualified to make entry or entries Of public lands under the homestead or desert-land laws, who has heretofore made or may hereafter make en- try under said laws, and who, through no fault of his own, may have lost, forfeited, Or abandoned the Ch. 5) 3 4566 THE PUBLIC LANDS [Page 685I same, or who may hereafter lose, forfeit, or abandon same, shall be entitled to the benefits of the home- stead or desert-land laws as though such former en- try or entries had never been made: Provided, That such applicant shall show to the satisfaction of the Secretary of the Interior that the prior entry Or en- tries were made in good faith, were lost, forfeited, or abandoned because of matters beyond his COIntrol, and that he has not speculated in his right nor COm- mitted a fraud or attempted fraud in connection With such prior entry or entries. (Sept. 5, 1914, c. 294, 38 Stat. 712.) § 4557. Limitation of amount of homestead entry–No person shall be permitted to acquire title to more than one quarter-section under the proVi- Sions of this chapter. (R. S. § 2298.) § 4558. Same; aggregate amount entered un- der any land laws—No person who shall after the passage of this act, enter upon any of the public lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate, under all of said laws, but this limita- tion shall not Operate to curtail the right of any per- Son who has heretofore made entry or settlement On the public lands, or whose occupation, entry or Settle- ment, is validated by this act. (Aug. 30, 1890, c. 837, -$ 1, 26-Stat. -391.) § 4559. Same; entry under mineral land laws not included—The provision of “An Act making ap- propriations for Sundry civil expenses of the GOVern- ment for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes,” which reads as follows, viz.: “No person who shall after the passage of this act enter upon any of the public lands with a view to Occupation, entry, or set- tlement under any of the land laws shall be permitted to acquire title to more than three hundred and twen- ty acres in the aggregate under all said laws,” shall be construed to include in the Imaximum amount of lands the title to which is permitted to be acquired by One person Only agricultural lands and not to in- Clude lands entered or sought to be entered under min- eral land laws. (March 3, 1891, c. 561, § 17, 26 Stat. 1101.) See § 4558. § 4560. Additional entries; after final proof on entry of less than quarter-section—Every per- SOn entitled, under the provisions of the homestead laws, to enter a homestead, who has heretofore Com- plied with or who shall hereafter comply with the Conditions of said laws, and who shall have made his final proof thereunder for a quantity of land less than One hundred and sixty acres and received the receiv- er’s final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal Subdivisions of the public lands Of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed One hundred and sixty acres: Provided, That in no case shall patent issue for the land Covered by such additional entry until the per- son making such additional entry shall have actually and in conformity With the homestead laws resided upon and cultivated the lands So additionally entered and Otherwise fully complied with Such laws: Pro- vided, also, That this section shall not be construed as affecting any rights as to location of soldiers certifi- cates heretofore issued under section two thousand three hundred and six of the Revised Statutes. (March 2, 1889, c. 381, § 6, 25 Stat. 854.) § 4561. Same; land contiguous to former en- try of less than quarter section—Any homestead Settler who has heretofore entered, or may hereafter enter, less than one-quarter section of land may enter other and additional land lying Contiguous to the Orig- inal entry which shall not, with the land first enter- ed and occupied, exceed in the aggregate one hundred and Sixty acres, without proof of residence upon and Cultivation of the additional entry; and if final proof Of Settlement and cultivation has been made for the Original entry when the additional entry is made, then the patent shall issue without further proof: Provid- ed, That this section shall not apply to or for the ben- efit of any person who does not own and occupy the lands COvered by the original entry: And provided, That if the original entry should fail for any reason prior to patent, or should appear to be illegal or fraud- ulent, the additional entry shall not be permitted, or, if having been initiated, shall be canceled. (April 28, 1904, c. 1776, § 2, 33 Stat. 527.) $ 4562. Commutation of entries under act not allowed—Commutation under the provisions of section tWenty-three hundred and One of the Revised Statutes shall not be allowed of an entry made under this Act. (April 28, 1904, c. 1776, § 3, 33 Stat. 527.) R. S. § 2301, is § 4589. § 4563. Enlarged entries of certain nonmin- eral, nonirrigable lands in certain States—Any perSOn Who is a qualified entryman under the home- Stead laws Of the United States may enter, by legal Subdivisions, under the provisions of this Act, in the States of Arizona, California, Colorado, Montana, Ne- vada, New Mexico, North Dakota, Oregon, Utah, Washington, and Wyoming, three hundred and twenty acres, or less, of nonmineral, nonirrigable, unreserved, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reason- ably compact body, and not over one and one-half miles in extreme length: Provided, That no lands, Shall be subject to entry under the provisions of this Act until such lands shall have been designated by the Secretary of the Interior as not being, in his opinions Susceptible of Successful irrigation at a reasonable cost from any known source of water supply. (Feb. 19, 1909, c. 160, § 1, 35 Stat. 639, amended, June 13, 1912, c. 166, 37 Stat. 132.) § 4564. Same; applications; affidavits; £ees— Any person applying to enter land under the provi- Sions Of this Act shall make and Subscribe before the proper Officer an affidavit as required by section twen- ty-two hundred and ninety of the Revised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the Character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. (IFeb. 19, 1909, c. 160, § 2, 35 Stat. 639.) R. S. § 2290, is, $ 4531. § 4565. Same; additional entry of land con- tiguous to former entry not to exceed limitation —Any person who has made, or shall make, homestead entry of lands of the character herein described, and who has not submitted final proof thereon, Or Who hav- ing Submitted final proof still owns and Occupies the land thus entered, shall have the right to enter public lands, Subject to the provisions Of this Act, Contiguous to his first entry, which shall not, together with the Original entry, exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall have first been designated as subject to this Act, as provided by Sec- tion one thereof. (Féb. 19, 1909, c. 160, § 3, 35 Stat. 639, amended, Feb. 11, 1913, c. 39, 37 Stat. 666, and March 3, 1915, c. 91, 38 Stat. 957.) § 4566. Same; proof . of cultivation; final proofs on additional entries—At the time of making final proof, as provided in section twenty-two hundred and ninety-One of the Revised Statutes, the entryman under this Act shall, in addition to the proofs and af- fidavits required under said section, prove by himself and two credible witnesses that at least One-sixteenth Of the area embraced in such entry was COntinuously Cultivated for agricultural Crops other than native grasses, beginning with the second year of the entry, and that at least One-eighth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry: Provided, That any 3 4566 (Tit. 32 THE PUBLIC LANDS [Page 686.I Qualified person who has heretofore made, or who hereafter makes, additional entry under the provi- SiOns Of Section three of this Act to an entry upon Which final proof has not been made, may be allowed to perfect title to his original entry by showing com- pliance with the provisions of section twenty-two hun- dred and ninety-One of the Revised Statutes, respect- ing such original entry, and thereafter in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date Of Such original entry, but the cultivation requir- ed upon entries made under this Act must be shown respecting such additional entry, which cultivation, while it may be made upon either the original Or addi- tional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry ; or, if he elects, his Original and additional entries may be considered as one, with full credit for residence upon and improve- ment made upon his original entry, in which event the amount of Cultivation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this section has been performed ; and to this end the time within which proof must be made upon such a combined en- try is hereby extended to seven years from the date of the original entry: Provided further, That where an entry is made as additional to an entry upon which final proof has theretofore been submitted by an entryman who stills owns and occupies the land thus entered, the entryman in making proof upon his additional en- try shall be credited with residence maintained upon his original entry from date thereof, but the cultiva- tion required upon entries made under this Act must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the period required in connection with the original entries under this Act, proof of which must be submitted within five years from and after the date of the additional entry: Provided further, That nothing herein contained shall be SO construed as to require residence upon the Combined entry in eXcess Of the period of residence as required by section twenty-two hundred and ninety-one of the Revised Statutes. (Feb. 19, 1909, c. 160, § 4, 35 Stat. 639, amended, Feb. 11, 1913, c. 39, 37 Stat. 666, and March 3, 1915, c. 91, 38 Stat. 957.) R. S. § 2291, is § 4532. § 4567. Same; rights under R. S. § 2289, not affected—Nothing herein contained shall be held to af- fect the right Of a qualified entryman to make home- stead entry in the States named in section one of this Act under the provisions of section twenty-two hun- dred and eighty-nine of the Revised Statutes, but no person who has made entry under this Act shall be entitled to make homestead entry under the provisions Of said section, and no entry made under this Act shall be commuted. (Feb. 19, 1909, c. 160, § 5, 35 Stat. 639.) R. S. § 2289, is § 4530. § 4568. Same; lands in Utah without domes- tie water supply designated; residence and cul- tivation—Whenever the Secretary of the Interior shall find that any tracts of land, in the State of Utah, subject to entry under this Act, do not have up- On them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands possible, he may, in his discretion, des- ignate such tracts of land, not to exceed in the ag- gregate two million acres, and thereafter they shall be subject to entry under this ACt without the neces- sity of residence: Provided, That in such event the entryman. On any such entry shall in good faith cul- tivate not less than one-eighth Of the entire area of the entry during the second year, one-fourth during the third year, and One-half during the fourth and fifth years after the date of such entry, and that after entry and until final proof the entryman shall reside within Such distance of said land as will enable him Successfully to farm the same as required by this Section. (Feb. 19, 1909, c. 160, § 6, 35 Stat. 640.) § 4568a. Same; additional entry of non-con- tiguous land; amount; patents—That any person Who has made or shall make homestead entry of less than three hundred and twenty acres of lands of the Character herein described, and who shall have sub- mitted final proof thereon, shall have the right to en- ter public lands subject to the provisions of this Act, not contiguous to his first entry, which shall not with the original entry exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall first have been designated as subject to this Act as pro- Vided by section one thereof: Provided further, That in no case shall patent issue for the land covered by Such additional entry until the person making same Shall have actually and in conformity with the home- Stead laws resided upon and cultivated the lands so additionally entered, and otherwise complied with Such laws, except that where the land embraced in the additional entry is located not exceeding twenty miles from the land embraced in the original entry no residence shall be required on such additional entry if the entryman is residing on his former entry: And provided further, That this section shall not be con- Strued as affecting any rights as to location of sol- diers’ additional homesteads under section twenty- three hundred and six of the Revised Statutes. (Feb. 19, 1909, c. 160, § 7, added, July 3, 1916, c. 220, 39 Stat. 344.) . R. S. § 2306, is § 4594. § 4568b. Same; applieations for entry of iarads not designated as subject thereto and for additional entry of contiguous land—Where any perSon qualified to make entry under the provisions of the Act of February nineteenth, nineteen hundred and nine, and Acts amendatory thereof and supplemental thereto, shall make application to enter under the provisions of said Acts any unappropriated public land in any State affected thereby which has not been des- ignated as subject to entry under the Act (provided Said application is accompanied and supported by properly corroborated affidavit of the applicant in du- plicate, showing prima facie that the land applied for is Of the character Contemplated by said Acts), such application, together with the regular fees and com- Imissions, shall be received by the register and receiver of the land district in which said land is located, and Suspended until it shall have been determined by the Secretary Of the Interior whether said land is actually Of that character; that during such suspension the land described in said application shall be segregated by the said register and receiver and not subject to entry until the case is disposed of ; and if it shall be determined that such land is Of the character Con- templated by the said Acts, then Such application shall be allowed ; otherwise it ‘shall be rejected, subject to appeal: Provided, That the provisions of this Act shall apply to the application of a qualified entryman to make additional entry of unappropriated land ad- joining his unperfected homestead entry, the area Of which, together with his Original entry, shall not ex- ceed three hundred and twenty acres. (March 4, 1915, c. 150, § 1, 38 Stat. 1162, 1163.) § 45.68c. Same; provisions extended to South Pakota—The provisions Of this Act and Of the first five sections of said Act Of February nineteenth, nine- teen hundred and nine, and Acts amendatory there- of, excepting the Act of June seventeenth, nineteen hundred and ten, entitled “An Act to provide for an enlarged homestead” in the State of Idaho, shall ex- tend to and include the State Of South Dakota. (March 4, 1915, c. 150, § 2, 38 Stat. 1163.) § 45680i. Same; provisions extended to Kan- sas—The provisions of Sections one to five, inclusive, of the Act entitled “An Act to provide for an en- larged homestead,” approved February nineteenth, nineteen hundred and nine (Thirty-fifth Statutes at Ch. 5) 3 4574a THE PUBLIC LANDS [Page 687 I Large, page six hundred and thirty-nine), as modi- fied and amended, are hereby extended and made ap- plicable to the State of Kansas. (March 3, 1915, c. 84, 38 Stat. 953.) § 4569. Enlarged entries of certain non- mineral, non-irrigable lands in Idaho-Any per- Son Who is a qualified entryman under the homestead laws Of the United States may enter, by legal Sub- division, under the provisions of this Act, in the State Of Idaho, three hundred and twenty acres or less of arid nonmineral, nonirrigable, unreserved, , and unap- propriated Surveyed public lands which do not Con- tain merchantable timber, located in a reasonably COmpact body and not Over One and One-half miles in extreme length: Provided, That no lands shall be Subject to entry under the provisions of this Act until the lands shall have been designated by the Secretary of the Interior as not being, in his opin- iOn, Susceptible of successful irrigation, at a reason- able Cost, from any known source of water supply. (June 17, 1910, c. 298, § 1, 36 Stat. 531.) § 4570. Same; applications; affidavits; fees —Any person applying to enter land under the pro- Visions of this Act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the Revised Stat- utes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. (June 17, 1910, c. 298, § 2, 36 Stat. 532.) § 4571. Same; additional entry of land eon- tiguous to former entry not to exceed limitation —Any person who has made, or shall make, home- stead entry of lands of the character herein described, and who has not submitted final proof thereon, or Who having Submitted final proof still Owns and oc- Cupies the land thus entered, shall have the right to enter public lands, subject to the provisions of this Act, Contiguous to his first entry, which shall not, to- gether With the Original entry, exceed three hundred and twenty acres: Provided, That the land original- ly entered and that covered by the additional entry Shall have first been designated as subject to this Act, as provided by section one thereof. (June 17, 1910, c. 298, § 3, 36 Stat. 532, amended, Feb. 11, 1913, c. 39, 37 Stat. 666, and March 3, 1915, c. 91, 38 Stat. 957.) See § 4563. § 4572. Same; proof of cultivation; final proofs on additional entries—At the time of mak- ing final proof, as provided in section twenty-two hundred and ninety-one of the Revised Statutes, the entryman under this Act shall, in addition to the proofs and affidavits required under said section, prove by himself and two Credible witnesses that at least One-sixteenth of the area embraced in such entry was continuously cultivated for agricultural crops Other than native grasses, beginning with the Second year of the entry, and that at least one-eighth of the area embraced in the entry was so continuously cul- tivated beginning with the third year of the entry: Provided, That any qualified person who has hereto- fore made, or who hereafter makes, additional entry under the provisions of section three of this Act to an entry upon which final proof has not been made, may be allowed to perfect title to his original entry by showing compliance with the provisions of section twenty-two hundred and ninety-one of the Revised Statutes, respecting such original entry, and there- after in making proof upon his additional entry shall be credited with residence maintained upon his orig- inal entry from date of such original entry, but the Cultivation required upon entries made under this Act must be shown respecting such additional entry, Which cultivation, while it may be made upon either the Original or additional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry; or, if he elects, his original and additional entries may. be considered as one, with full credit for residence upon and improvement made upon his original entry, in Which event the amount of cultivation herein re- Quired Shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this section has been performed; and to this end the time within which proof must be made upon such a combined entry is hereby extended to Seven years from the date of the original entry: Pro- Vided further, That where an entry is made as addi- tional to an entry upon which final proof has there- tofore been submitted by an entryman who still owns and OCCupies the land thus entered, the entryman in making proof upon his additional entry shall be Credited with residence maintained upon his original entry from date thereof, but the cultivation required Upon entries made under this Act must be shown re- Specting such additional entry and must be performed tipOn the land included therein to the extent and for the period required in connection with the original entries under this Act, proof of which must be sub- mitted Within five years from and after the date of the additional entry: Provided further, That nothing herein contained shall be so construed as to require residence upon the combined entry in excess of the period of residence as required by section twenty-two —hundred–and–ninety-one of the Revised-Statutes. (June 17, 1910, c. 298, § 4, 36 Stat. 532, amended, Feb. 11, 1913, c. 39, 37 Stat. 666, and March 3, 1915, c. 91, 38 Stat. 956.) R. S. § 2291, is § 4532. § 4573. Same; rights under R. S. § 2289, not affected—Nothing herein contained shall be held to affect the right of a qualified entryman to make home- Stead entry in the State of Idaho under the provisions Of Section twenty-two hundred and eighty-nine of the Revised Statutes, but no person who has made entry under this Act shall be entitled to make homestead entry under the provisions of said section, and no entry made under this Act shall be commuted. (June 17, 1910, c. 298, § 5, 36 Stat. 532.) R. S. § 2289, is § 4530. § 4574. Same; Hands without domestic water supply designated; residence and cultivation— Whenever the Secretary of the Interior shall find any tracts of land in the State of Idaho, Subject to entry under this Act, do not have upon them such a suffi. Cient supply of water suitable for domestic purposes as Would make Continuous residence upon the lands possible he may, in his discretion, designate such tracts of land, not to exceed in the aggregate One mil- lion acres, and thereafter they shall be subject to entry under this Act without the necessity 9f resi- dence upon the land entered: Provided, That the entryman shall in good faith cultivate not less than one-sixteenth of the entire area of the entry which is susceptible of cultivation during the first year of the entry, not less than one-eighth during the second year, and not less than one-fourth during the third year of the entry and until final proof: Provided further, That after six months from the date of entry and until final proof the entryman shall be a resident of the State of Idaho. (June 17, 1910, c. 298, § 6, 36 Stat. 532, amended, Aug. 10, 1917, c. 52, § 10, 40 Stat. 275.) § 4574a. Enlarged entries; noncorrtiguous lands; occupancy and improvements; soldiers’ additional homesteads—Any person who has made Or shall make hOmeStead entry of less than three hun- dred and twenty a CreS Of lands Of the Character herein described, and who shall have submitted final proof thereon, shall have the right to enter public lands subject to the provisions of this Act, not contiguous to his first entry, which shall not with the original entry exceed three hundred and twenty acres: Pro- vided, That the land originally entered and that cov- ered by the additional entry shall first have been designated as subject to this Act or the Act of Feb. § 4574a (T1t. 32 THE PUBLIC LANDS IPage 688I ruary nineteenth, nineteen, hundred and nine (Thirty- fifth Statutes, page six hundred and thirty-nine, as provided by sections. One of said Acts: Provided fur- ther, That in no case shall patent issue for the land covered by such additional entry, until the person making same shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered, and otherwise Com- plied with such laws, except that where the land em- braced in the additional entry is located not exceeding twenty miles from the land embraced in the Original entry nO residence Shall be required On Such addition- al entry if the entryman is residing on his former entry: And provided further, That this section shall not be construed as affecting any rights as to loca- tion Of SOldiers’ additional homesteads under Section twenty-three hundred and six of the Revised Statutes. (June 17, 1910, c. 298, § 7, 36 Stat. 532, amended, Sept. 5, 1916, c. 440, 39 Stat. 724.) R. S. § 2306, is $ 4594. , ... • § 45.74 b. Same; amount of land; soldiers’ ad- ditional homesteads—Any person otherwise quali- fied who has Obtained title under the homestead laws to less than One quarter Section. Of land may make entry and obtain title under the provisions of the Act entitled “An Act to provide for enlarged homesteads,” approved February nineteenth, nineteen hundred and nine, and an Act of June seventeenth, nineteen hun- dred and ten, entitled “An Act to provide for an en- larged homestead,” for such an area of public land as Will, When One-half of Such area is added to the area. Of the lands to which he has already obtained title, not exceed one quarter section: Provided, That this Act shall not be construed to apply to soldiers' ad- ditional homestead entries made under Section twenty-three hundred and Six, United States Revised Statutes, or Acts amendatory thereof or supplemental thereto. (Feb. 20, 1917, c. 98, 39 Stat. 925.) § 4575. Validation of entries, on enlarged homesteads—All pending homestead entries made in good faith prior to January first, nineteen hundred and fourteen, under the provisions of the enlarged homestead laws, by perSons who before making Such enlarged homestead entry had acquired title to land under the homestead laws and therefore Were not Qualified to make an enlarged homestead entry, be, and the same are hereby, validated, if in all other re- Spects regular, in all cases where the original home- stead entry was for less than One hundred and sixty . acres of land. (March 4, 1915, c. 148, 38 Stat. 1162.) See §§ 4563-4568, 4569-4574. § 4576. Limitation of entries within certain boundaries in Nebraska, extended; exclusion of irrigable lands—From and after sixty days after the approval Of this Act entries made under the homestead laws in the State Of Nebraska West and north of the following line, to wit; Beginning at a point on the boundary line between the States of South Dakota and Nebraska. Where the first guide meridian west of the sixth principal meridian strikes Said boundary ; thence running SOUlth along Said guide. meridian to its intersection with the fourth Standard parallel north of the base line between the States of Nebraska and Kansas; thence west along said fourth standard parallel to its intersection with the Second guide meridian west of the sixth principal meridian ; thence South along said second guide meridian to its intersection with the third Standard parallel north Of the said base line; thence west along said third standard parallel to its intersection with the range line between ranges twenty-five and twenty-six West of the sixth principal meridian ; thence south along said line to its interSection with the Second Standard parallel north Of the said base line; thence West On said standard parallel to its intersection with the range line between ranges thirty and thirty-one west; thence south along said line to its intersection with the boundary line between the States of Nebraska and Kansas, shall not exceed in area Six hundred and forty acres, and shall be as nearly compact in form aS possible, and in no event Over two miles in ex- treme length: Provided, That there shall be excluded from the provisions of this Act such lands within the territory herein described as in the opinion of the Secretary of the Interior it may be reasonably practicable to irrigate under the national irriga- tion law, or by private enterprise; and that said Secretary shall, prior to the date above mentioned, designate and exclude from entry under this Act the lands, particularly along the North Platte River, Which in his Opinion it may be possible to irrigate,as aforesaid; and shall thereafter, from time to time, Open to entry under this Act any" of the lands so ex- cluded, which, upon further investigation, he may conclude can not be practically irrigated in the man- ner aforesaid. (April 28, 1904, c. 1801, § 1, 33 Stat. 547.) § 4577. Same; limit of additional entry of contiguous land—Dntrymen under the homestead laws of the United States within the territory above described who own and occupy the lands heretoforé entered by them, may, under the provisions of this Act and subject to its conditions, enter other lands : Contiguous to their said homestead entry, which shall not, with the land so already entered, owned, and OCCupied, exceed in the aggregate six hundred and forty acres; and residence continued and improve- ments made upon the original homestead, subsequent to the making of the additional entry, shall be accept- ed as equivalent to actual residence and improve- ments made upon the additional land so entered, but final entry shall not be allowed of such additional land until five years after first entering the same, ex- Cept in favor of entrymen entitled to credit for mili- tary service. (April 28, 1904, c. 1801, § 2, 33 Stat. 548, amended, May 29, 1908, c. 220, § 7, 35 Stat. 466.) § 4578. Same; fees and commissions on en- tries; commutation—The fees and commissions on all entries under this Act shall be uniformly the same as those Charged under the present ſaw for a maxi- Imum entry at the minimum price. The Commutation provisions of the homestead law shall not apply to entries under this Act, and at the time of making final proof the entryman must prove affirmatively that he has placed upon the lands entered permanent im- provements Of the value of not less than One dollar and twenty-five cents per acre for each acre included in his entry: Provided, That a former homestead en- try shall not be a bar to the entry under the provi- sions Of this Act of a tract which, together with the former entry, shall not exceed six hundred and forty acres: Provided, That any former homestead entry- man who shall be entitled to an additional entry un- der Section two Of this Act shall have for ninety days after the passage Of this Act the preferential right to make additional entry as provided in said section. (April 28, 1904, c. 1801, § 3, 33 Stat. 548.) See §§ 4577, 4589, 4590. § 4579. Benefits of Kinkaid Act extended to certain entries—All qualified entrymen who, during the period beginning on the twenty-eighth day of April, nineteen hundred and four, and ending on the twenty-eighth day of June, nineteen hundred and four, made homestead entry in the State Of Nebraska With- in the area affected by an Act entitled “An Act to annend the homestead laws as to Certain unappropriat- ed and unreserved public lands in Nebraska,” approv- ed April twenty-eighth, nineteen hundred and four, shall be entitled to all the benefits of said Act as if their entries had been made prior Or Subsequent to the above-mentioned dates, Subject to all existing rights. (March 2, 1907, c. 2527, § 1, 34 Stat. 1224.) For Kinkaid Act, see §§ 4576-4578. § 4580. Benefits of military service extended to entries under Kinkaid Act—The benefits of mili- tary Service in the Army or Navy of the United States granted under the homestead laws shall apply to en- Ch. 5) 3 4587a THE PUBLIC LANDS [Page 689] tries made under the aforesaid act approved April tWenty-eighth, nineteen hundred and four, and all homestead entries hereafter made within the terri- tory described in the aforesaid act shall be subject to all the provisions thereof. (March 2, 1907, c. 2527, § 2, 34 Stat. 1224.) § 4581. Salie of isolated tracts within limits affected by Kinkaićl Act—Within the territory de- scribed in said Act approved April twenty-eighth, nine- teen hundred and four, it shall be lawful for the Sec- retary Of the Interior to Order into market and sell Jnder the provisions Of the laws providing for the Sale of isolated or disconnected tract or parcels Of land any isolated or disconnected tract not exceeding three quarter sections in area: Provided that not more than three quarter sections shall be sold to any One' person. (March 2, 1907, c. 2527, § 3, 34 Stat. 1224.) § 4582. Qualifications of entrymen making additional entries on Nebraska arid lands—The qualifications of a former homestead entryman who has heretofore been permitted to make an additional Or another entry under the Act entitled “An Act to almend the homestead laws as to Certain unappropriat- ed and unreserved public lands in Nebraska,” approv- ed April twenty-eighth, nineteen hundred and four, Shall be determined by the qualifications, except as to Citizenship, possessed on the date Of his first entry in all Cases where—the-rights–of–third-persons—shall-not- have intervened and the additional or second entry has not been canceled. (Aug. 24, 1912, c. 371, 37 Stat. 499.) For Išinka'id Act, see §§ 4576-4578. § 4583. Additional entry after commutation of former entry—Any person who has heretofore Imade entry under the hOmestead laws and COmmuted same under provisions of section twenty-three hun- dred and One Of the Revised Statutes Of the United States and the amendments theretO Shall be entitled to the benefits of the homestead laws, as though such former entry had not been made, except that Commuta- tion under the provisions of section twenty-three hun- dred and One of the Revised Statutes shall not be al- lowed of an entry made under this section of this Act. (June 5, 1900, c. 716, §-2, 31 Stat. 269.) R. S. § 2301, is § 4589. § 4584. Additional entry after loss or for- feiture of former entry—Any person Who prior to the passage of this Act, has made entry under the homestead laws, but from any Cause has lost Or for- feited the same shall be entitled to the benefits of the homestead laws as though such former entry had not been made: Provided, That persons who purchas- 'ed land under and in a CCOrdance With the terms of an Act entitled “An Act to provide for the sale of lands patented to certain members Of the Flathead band of Indians in the Territory of Montana, and for other purposes,” approved March second, eighteen hundred and eighty-nine, shall not be held to have impaired Or exhausted their homestead rights by Or On a CCOUnt Of any such purchase. (June 5, 1900, c. 716, § 3, 31 Stat. 270.) § 4585. Entries within limits of railroad grants; exterat; additional entries—From and aft- er the passage of this act, the even Sections within the limits of any grant Of public lands to any rail- road company, or to any military road Company, Or to any State in aid of any railroad Or military road, shall be Open to settlers under the homestead laws to the extent of One hundred and Sixty acres to each Set- tler, and any person who has, under existing, laws, taken a homestead. On any even Section Within the limits of any railroad Or military road land-grant, and Who, by existing laws Shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his Original entry, if such additional land be sub- ſect to entry; or if such person SO elect, he may sur- render his entry to the United States for cancellation, COMP.ST.’18—44 and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered en- try had not been made. And any person so making additional entry of eighty acres, or new entry after the Surrender and cancellation of his original entry, Shall be permitted so to do without payment of fees and Commissions; and the residence and cultivation Of Such perSon upon and of the land embraced in his Original entry shall be considered residence and cul- tivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years’ residence and Cultivation required by law: Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the person has actually, and in Conformity With the homestead laws, OCCupied, resided upon, and cultivated the land em- braced therein at least one year. (March 3, 1879, c. 191, 20 Stat. 472.) § 4586. Sarne; extent; additional entries— From and after the passage of this act the odd sec- tions within the limits of any grant Of public lands to any railroad company in the States Of Missouri and Arkansas, Or to such States respectively, in aid. Of any railroad. Where the even Sections have been granted to and received by any railroad Company Or by such States respectively in aid of any railroad shall-be-Open to settlers UInder the hOneStead laws to the extent Of One hundred and sixty acres to each settler; and any person who has under existing laws taken a homestead. On any Section Within the limits Of any railroad grant in said States, and who by ex- isting laws shall have been restricted to eighty a Cres, Imay enter under the homestead laws an additional eighty acres adjoining the land embraced in his Orig- inal entry, if such additional land be subject to entry ; or if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the Surrendered entry had not been made. And any person so making additional entry of eighty acres, or new entry after the cancellation of his original entry, shall be permitted to do so. Without payment of fees or commissions; and the residence Of Such person upon and cultivation. Of the land em- braced in his original entry shall be COnsidered resi- dence and cultivation for the same length of time up- On and of the land embraced in his additional Or new entry, and shall be deducted from the five year's resi- dence and Cultivation required by law: Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until the per- Son has actually, and in conformity With the home- stead laws, Occupied, resided upon, and cultivated the land embraced therein at least One year. (July 1, 1879, c. 60, 21 Stat. 46.) § 4587. Same; patents for additional entries —All homestead settlers on public lands Within the railway limits restricted to less than one hundred and sixty acres of land, who have heretofore made or may hereafter make the additional entry allowed ei- ther by the act approved March third, eighteen hun- dred and seventy-nine, Or the act approved July first, eighteen hundred and seventy-nine, after having made final proof of settlement and cultivation under the Original entry, shall be entitled to have the lands cov- ered by the additional entry patented without any further cost or proof of settlement and cultivation. (May 6, 1886, c. 88, 24 Stat. 22.) See §§ 4585, 4586. § 4587 a. Stock-raising homestead entries; persons entitled to; Inumber of acres-Fröm and after the passage of this Act it shall be lawful for any person qualified to make entry under the homestead laws of the United States to make a stock-raising homestead entry for not exceeding six hundred and forty acres of unappropriated unreserved public land § 4587b (Tit. 32 THE PUBLIC LANDS [Page 690] in reasonably compact form: Provided, however, That the land SO entered shall theretofore have been des- ignated by the Secretary of the Interior as “stock- raising lands.” (Dec. 29, 1916, c. 9, § 1, 39 Stat. 862.) § 4587 b. Same; designation of lands; appli- cations—The Secretary of the Interior is hereby all- thorized, on application or otherwise, to designate as stock-raising lands Subject to entry under this Act lands the surface of which is, in his opinion, Chiefly valuable for grazing and raising forage crops, do not contain merchantable timber, are not susceptible of ir- rigation from any known Source of water supply, and are Of Such character that six hundred and forty acres are reasonably required for the support of a family: Provided, That where any person qualified to make original or additional entry under the provi- sions of this Act shall make application to enter any unappropriated public land which has not been desig- nated as subject to entry (provided said application is accompanied and supported by properly corroborat- ed affidavit of the applicant, in duplicate, showing prima facie that the land applied for is of the Chara C- ter contemplated by this Act), such application, to- gether with the regular fees and commissions, shall be received by the register and receiver of the land district in which said land is located and suspended ſuntil it shall have been determined by the Secretary Of the Interior whether said land is actually Of that Character. That during such suspension the land de- Scribed in the application shall not be disposed of ; and if the Said land shall be designated under this Act, then such application shall be allowed; otherwise it shall be rejected, Subject to appeal; but no right to OCCupy Such lands shall be acquired by reason of said application until said lands have been designated as stock-raising lands. (Dec. 29, 1916, c. 9, § 2, 39 Stat. 862.) § 4587 c. Same; persons entitled to; effect of entries under § 2—Any qualified homestead entry- man may make entry under the homestead laws of lands so designated by the Secretary of the Interior, according to legal subdivisions, in areas not exceeding six hundred and forty acres, and in Compact form SO far as may be subject to the provisions of this Act, and secure title thereto by Compliance with the terms of the homestead laws: Provided, That a former homestead entry of land of the character described in Section two hereof shall not be a bar to the entry of a tract within a radius of twenty miles from such for- Imer entry under the provisions of this Act, subject to the requirements of law as to residence and im- provements, which, together with the former entry, Shall not exceed six hundred and forty acres: Pro- Vided further, That the entryman shall be required to enter all Contiguous areas of the character herein de- Scribed Open to entry prior to the entry of any non- Contiguous land: Provided further, That instead of Cultivation as required by the homestead laws the entryman Shall be required to make permanent im- provements upon the land entered before final proof is Submitted tending to increase the value of the same for Stock-raising purposes, of the value of not less than $1.25 per acre, and at least one-half of such im- provements shall be placed upon the land within three years after the date of entry thereof. (Dec. 29, 1916, c. 9, § 3, 39 Stat. 863.) $ 4587d. Same; additional entries; amount— Any homestead entryman of lands of the character herein described, who has not submitted final proof upon his existing entry, shall have the right to enter, Subject to the provisions of this Act, such amount of Contiguous lands designated for entry under the pro- Visions of this Act as shall not, together with the amount embraced in his original entry, exceed six hundred and forty acres, and residence upon the orig- inal entry shall be credited on both entries, but im- provements must be made on the additional entry equal to $1.25 for each acre thereof. (Dec. 29, 1916, c. 9, § 4, 39 Stat. 863.) § 4587e. Same; additional entries—Persons who have submitted final proof upon, or received pat- ent for, lands of the character herein described under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions Of this Act, make additional entry for and obtain pat- ent to Contiguous lands designated for entry under the provisions of this Act, which, together with the area theretofore acquired under the homestead law, shall not exceed six hundred and forty acres, on proof of the expenditure required by this Act on account of permanent improvements upon the additional entry. (Dec. 29, 1916, c. 9, § 5, 39 Stat. 863.) § 4587f. Same; additional entries; persons entitled to—Any person who is the head of a family, Or who has arrived at the age of twenty-one years and is a citizen of the United States, who has entered or acquired under the homestead laws, prior to the pas- Sage of this Act, lands of the character described in this Act, the area of which is less than six hundred and forty acres, and who is unable to exercise the right of additional entry herein conferred because no lands subject to entry under this Act adjoin the tract SO entered Or acquired or lie Within the twenty mile linnit provided for in this Act, may, upon submitting proof that he resides upon and has not sold the land SO entered or acquired and against which land there are no encumbrances, relinquish Or reconvey to the |United States the land so occupied, entered, or acquir- ed, and in lieu thereof, within the same land-office dis- trict, may enter and acquire title to six hundred and forty acres of the land subject to entry under this Act, but must show compliance with all the provisions of this Act respecting the new entry and with all the provisions of existing homestead laws except as modi- fied herein. (Dec. 29, 1916, c. 9, § 6, 39 Stat. 863.) § 4587 g. Same; commutation—The Commuta- tion provisions of the homestead laws shall not apply to any entries made under this Act. (Dec. 29, 1916, c. 9, § 7, 39 Stat. 864.) § 4587 h. Same; additional entries; preferen- tial rights—Any homestead entrymen Or patentees who shall be entitled to additional entry under this Act shall have, for ninety days after the designation of lands subject to entry under the provisions of this Act and contiguous to those entered or owned and OC- cupied by him, the preferential right to make addi- tional entry as provided in this Act: Provided, That where such lands contiguous to the lands Of tWO Ol' more entrymen or patentees entitled to additional en- tries under this section are not sufficient in area to enable such entrymen to secure by additional entry . the maximum amounts to which they are entitled, the Secretary of the Interior is authorized to make an equitable division of the lands among the several en- trymen or patentees, applying to exercise preferential rights, such division to be in tracts of not less than forty acres, or other legal subdivision, and SO Imade as to equalize as nearly as possible the area which such entrymen and patentees will acquire by adding the tracts embraced in additional entries to the lands originally held or owned by them: Provided further, That where but one such tract of Vacant land may adjoin the lands of two or more entrymen or patentees entitled to exercise preferential right hereunder, the tract in question may be entered by the person Who first submits to the local land office his application to exercise said preferential right. (Dec. 29, 1916, c. 9, § 8, 39 Stat. 864.) § 4587i. Same; reservation of coal and miner- al rights—All entries made and patents issued under the provisions of this Act shall be subject to and contain a reservation to the United States of all the coal and other minerals in the ſands so entered and patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal and mineral land laws in force at the time Of Ch. 5) 3 4592 THE PUBLIC LANDS IPage 691] such disposal. Any person qualified to locate and enter the coal or other mineral deposits, or having the right to mine and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered or patented, as pro- vided by this Act, for the purpose of prospecting for Coal or other mineral therein, provided he shall not injure, damage, or destroy the permanent improve- ments of the entryman or patentee, and shall be lia- ble to and shall compensate the entryman or patentee for all damages to the CropS On Such lands by reason Of such prospecting. Any person who has acquired from the United States the COal Or Other mineral de- posits in any such land, or the right to mine and re- move the same, may reenter and occupy so much of the surface thereof as may be required for all purpos- es reasonably incident to the mining or removal of the coal or other minerals, first, upon securing the written Consent or waiver of the homestead entryman Or patentee; second, upon payment of the damages to CrOps Or Other tangible improvements to the OWner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or Owner Of the land, to secure the payment of such damages to the Crops Or tangible improvements of the entryman OP-OWner;-aS may be determined and fixed in an action brought up- On the bond or undertaking in a court of Competent jurisdiction against the principal and Sureties there- on, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the register and receiver of the local land office of the district wherein the land is sittiate, sub- ject to appeal to the Commissioner of the General Land Office: Provided, That all patents issued for the coal or other mineral deposits herein reserved shall contain appropriate notations, declaring them to be subject to the provisions of this Act with refer- ence to the disposition, occupancy, and use of the land as permitted to an entryman under this Act. (Dec. 29, 1916, c. 9, § 9, 39 Stat. 864.) § 4587 j. Same; reservation of land contain- ing water holes—Tands containing Water holes or other bodies of water needed or used by the public for watering purposes shall not be designated under this Act but may be reserved under the provisions of the Act of June twenty-fifth, nineteen hundred and ten, and such lands heretofore or hereafter reserved shall, while so reserved, be kept and held. Open to the public use for such purposes under such general rules and regulations as the Secretary Of the Interior may prescribe: Provided, That the Secretary may, in his discretion, also withdraw from entry lands necessary to insure access by the public to Watering places reserved hereunder and needed for use in the movement of stock to summer and Winter ranges Or to shipping points, and may prescribe such rules and regulations as may be necessary for the proper ad- ministration and use of such lands: Provided fur- ther, That such driveways shall not be of greater num- ber or width than shall be clearly necessary for the purpose proposed and in no event shall be more than one mile in width for a driveway less than twenty miles in length, not more than two miles in width for driveways over twenty and not more than thirty-five miles in length and not over five miles in width for driveways Over thirty-five miles in length: Pro- vided further, That all stock so transported over such driveways shall be moved an average of not less than three miles per day for sheep and goats and an average of not less than six miles per day for cattle and horses. (Dec. 29, 1916, c. 9, § 10, 39 Stat. 865.) § 4587 k. Same; rules and regulations—The Secretary Of the Interior is hereby authorized to make all necessary rules and regulations in harmony with the provisions and purposes of this Act for the pur- pose of carrying the same into effect. (Dec. 29, 1916, c. 9, § 11, 39 Stat. 865.) - (R. S. § 2299. Superseded.) This section provided that nothing contained in this chapter should be so construed as to impair or interfere with existing pre-emption rights, and also that all per- sons Who filed their applications for a pre-emption right prior to May 20, 1862, should be entitled to all the privi- leges of this chapter. The first provision was superseded by the repeal of the pre-emption laws by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, and the second provision has become inoperative by "lapse of time. § 4588. Rights of minors to privileges of chapter—No person who has served, or may here- after serve, for a period not less than fourteen days in the Army or Navy of the United States, either regul- lar or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account Of not having attained the age of twenty-One years. (R. S. § 2300.) § 4589. Payment before five years; rights of applicant—Nothing in this chapter shall be so Con- strued as to prevent any person who shall hereafter avail himself of the benefits of section twenty-two hundred and eighty nine from paying the minimum price for the quantity of land SO entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtaining a patent there- -for, upon-making proof. Of Settlement and of residence and cultivation for such period of fourteen months. (R. S. § 2301, amended, March 3, 1891, c. 561, § 6, 26 Ståt. 1098.) § 4590. Commutation after fourteen months —All COmmutations of homestead entries shall be allowed after the expiration of fourteen months from date of settlement. (June 3, 1896, c. 312, § 2, 29 Stat. 197.) $ 4591. No distinction on account of race or color; mineral lands not subject to entry–No distinction shall be made in the construction or ex- ecution of this chapter, on account of race or color; nor shall any mineral lands be liable to entry and Settlement under its provisions. (R. S. § 2302.) § 4591 a. Rights of former entrants on ceded Indian reservations—From and after the passage Of this Act any person who has heretofore entered under the homestead laws, and paid a price equiv- alent to Or greater than $4 per acre, lands embraced in a ceded Indian reservation, shall, upon proof of Such fact, if otherwise qualified, be entitled to the benefits of the homestead law as though such former entry had not been made: Provided, That the provi- Sions of this Act shall not apply to any person who has failed to pay the full price, for his former entry, or whose former entry was canceled for fraud. (Feb. 20, 1917, c. 101, 39 Stat. 926.) * (R. S. § 2303. Repealed.) This section provided that all public lands in Alabama, Mississippi, Louisiana, Arkansas, and Florida, should be disposed of in no other manner than according to the terms and Stipulations contained in the preceding provi- Sions of the chapter. It was expressly repealed by Act July 4, 1876, c. 165, 19 Stat. 73. The repealing act pro- vided that it should not impair the rights of any home- Stead Settler or render any land occupied by such settler Subject to entry, and also provided that the lands af- fected by the act should be offered at public sale and not be subject to private entry until so offered. This last provision was Superseded by the provision that no pub- lic lands of the United States, except abandoned mili- tary or other reservations, and certain other lands, the sale of which at public auction was authorized by acts of Congress of a Special nature, having a local application, could be sold at public Sale, of Act March 3, 1891, c. 561, § 9 (§ 4753). § 45.92. Soldiers’ and sailors’ homestead—Ev- ery private soldier and officer who has served in the Army of the United States during the recent rebellion for ninety days, and who was honorably discharged and has remained loyal to the Government, including the troopS mustered into the Service Of the United States by virtue of the third section of an Act ap- proved February thirteenth, eighteen hundred and sixty-two, and every Seaman, marine, and officer who 3 4593 (Tit. 32 THE PUBLIC LANDS [Page 692I has served in the Navy of the United States or in the Marine Corps during the rebellion for ninety days, and Who was honorably discharged and has remained loyal to the Government, and every private soldier and officer who has served in the Army of the United States during the Spanish war, or who has served, is Serving, Or shall have served in the said Army, during the Suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged ; and every seaman, marine, and Officer who has served in the Navy of the United States or in the Marine Corps during the Spanish war, or who has served, is serving, or shall have served in the Said forces during, the Suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged, shall, on COImpliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive pat- ents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter section, to be taken in compact form, according to legal sub- divisions, including the alternate reserved sections of public lands along the line of any railroad or other public work not otherwise reserved Or appropriated, and other lands subject to entry under the home- Stead laws of the United States; but Such homestead settler shall be allowed six months after locating his homestead and filing his declaratory statement With- in which to make his entry and commence his settle- ment and improvement. (R. S. § 2304, amended, March 1, 1901, c. 674, 31 Stat. 847.) § 4593. Same; deduction of military and na- val service from time—The time which the home- stead settler has served in the Army, Navy, or Ma- rine Corps shall be deducted from the time heretO- fore required to perfect title, or if discharged on ac- count of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served ; but no patent shall issue to any homestead settler who has not resided upon, im- proved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements: Provided, That in every case in which a settler on the public land of the United States Under the homestead laws died While actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if unmarried, or in case of her death or marriage, then his minor orphan chil- dren or his or their legal representatives, may pro- ceed forthwith to make final proof upon the land SO held by the deceased soldier and settler, and that the death of Such Soldier while so engaged in the service Of the United States shall, in the administration of the homestead laws, be construed to be equivalent to a performance of all requirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan chil- dren or his or their legal representatives, to make final proof upon and receive GOvernment patent for said land ; and that upon proof produced to the of ficers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal repre- sentatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, Sailor, or marine died while in the service of the United States as hereinbefore described, the patent for Such land shall issue. (R. S. § 2305, amended, March 1, 1901, c. 674, 31 Stat. 847.) § 4594. Same; persons who have entered less than 160 acres—Every person entitled, under the provisions of section twenty-three hundred and four, to enter a homestead who may have heretofore en- tered, under the homestead laws, a quantity of land less than one hundred and sixty acres, shall be per- mitted to enter so much land as, when added to the Quantity previously entered, shall not exceed one hundred and sixty acres. (R. S. § 2306.) $ 4595. Same; entries canceled; repayment of fees-In all cases where it shall, upon due proof be- ing made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and Commissions and excess payments required Upon the location of claims under the act entitled “An act to amend an act entitled ‘An act to enable honorably discharged soldiers and sailors, their wid- OWS and Orphan children, to acquire homesteads on the public lands of the United States,’ and amend- ments thereto,” approved March third, eighteen hun- dred and Seventy-three, and now incorporated in Section twenty-three hundred and Six of the Revised Statutes of the United States, which said claims Were, after Such location, found to be fraudulent and Void, and the entries or locations made thereon can- Celed, the Secretary of the Interior is authorized to repay to Such innocent parties the fees and commis- Sions, and excess payments paid by them, upon the Surrender of the receipts issued therefor by the re- Ceivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable Out Of the appropriation to refund purchase- money On lands erroneously sold by the United States. (June 16, 1880, c. 244, § 1, 21 Stat. 287.) § 4596. Entries canceled or not confirmed; trepayment of fees and purchase-money—In all Cases where homestead Or timber-culture Or desert- land entries or other entries of public lands have here- tofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneous- ly allowed and cannot be confirmed, the Secretary of the Interior shall cause to be repaid to the perSOn Who made Such entry, Or to his heirs Or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the Surrender of the duplicate receipt and the execution of a prop- er relinquishment of all claims to said land, when- ever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid double-minimum price for land which, has afterwards been found not to be within the limits of a railroad land grant, the excess of One dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, Or to his heirs or assigns. (June 16, 1880, c. 244, § 2, 21 Stat. 287.) § 4597. Appropriation—The Secretary of the Interior is authorized to make the payments herein provided for, out of any money in the Treasury not otherwise appropriated. (June 16, 1880, c. 244, § 3, 21 Stat. 287.) - § 4598. Rules by Commissioner of General Land Office—The Commissioner of the General Land Office shall make all necessary rules, and issue all necessary instructions, to carry the provisions of this act into effect; and for the repayment Of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant. On the Treasury and the same shall be paid without re- gard to the date of the cancellation of the entries. (June 16, 1880, c. 244, § 4, 21 Stat. 287.) § 4599. Proof of loyalty not required—The pro- visions of “An Act for the relief Of Certain Settlers On the public lands, and to provide for the payment Of certain fees, purchase money, and Commission paid. On void entries of public lands,” approved June sixteenth, eighteen hundred and eighty, shall be COnStrued to abolish the necessity for proof of loyalty in the cases mentioned in said Act, and no proof of loyalty shall be required in the cases mentioned in said Act. (April 18, 1904, No. 25, 33 Stat. 589.) See §§ 4595-4598. Ch. 5) ź 4604b THE PUBLIC LANDS [Page 6931 § 4600. Soldiers’ additional entries invalid; commutation—Where soldier's additional homestead entries have been made or initiated upon certificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous Or invalid for any cause, the purchaser thereunder, On making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate. (March 3, 1893, c. 208, 27 Stat. 593.) § 4601. Soldiers’ additional homestead certifi- bates; sale–All soldiers' additional homestead Cer- tificates heretofore issued under the rules and regula- tions of the General Land Office under Section tWenty- three hundred and Six of the Revised Statutes of the United States, or in pursuance of the decisions Or instructions of the Secretary of the Interior, Of date March tenth, eighteen hundred and seventy-Seven, Or any subsequent decisions or instructions of the Secre- tary of the Interior or the Commissioner of the Gen- eral Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale Or trans- fer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded -as invalidating--the- right, but the same shall be good and Valid in the hands of bona fide purchasers for value; and all en- tries heretofore or hereafter made with such certifi- Cates by such purchasers shall be approved, and pat- ent Shall issue in the name Of the assignees. 18, 1894, c. 301, § 1, 28 Stat. 397.) R. S. § 2306, is § 4594. - § 4602. Widows and minor children of person entitled to homestead—In Case of the death of any perSOn Who would be entitled to a homestead under the provisions of section twenty-three hundred and four, his widow, if unmarried, or in case of her death Or marriage, then his minor Orphan Children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, Subject to all the provisions as to settlement and improvements therein contained; but if such person died during his term of enlistment, the whole term of his enlist- ment Shall be deducted from the time heretofore re- quired to perfect the title. (R. S. § 2307.) R. S. § 2304, is § 4592. § 4602a. Widows and minor ehildren of ap- plicants for homesteads dying in military or na- val service—Any settler upon the public lands of the United States; or any entryman whose application has been allowed; or any person who has made ap- plication for public lands which thereafter may be allowed under the homestead laws, who dies while actually engaged in the military or naval service of the United States as a private soldier, officer, seaman; Imarine, national guardsman, or member of any other Organization for offense or defense authorized by Con- greSS during any war in which the United States may be engaged, then his widow, if unmarried, or in case Of her death or marriage, his minor orphan children, Or his Or their legal representatives may proceed forth- With to make final proof upon such entry or applica- tion thereafter allowed, and shall be entitled to re- Ceive Government patent for such land; and that the death of such soldier while so engaged in the service Of the United States shall, in the administration of the homestead laws, be construed to be equivalent to a performance of all requirements as to residence and Cultivation upon such homestead. (July 28, 1917, c. 44, § 2, 40 Stat. 248.) § 4603. Actual service in Army or Navy equiv- alent to residence—Where a party at the date of his entry of a tract of land under the homestead laws, or Subsequently thereto, was actually enlisted and em- ployed in the Army or Navy of the United States, his (Aug. services therein shall, in the administration of Such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the Same length of time upon the tract so entered. And if his entry has been Canceled by reason of his absence from Such tract while in the military or naval service of the United States, and such tract has not been dispos- ed of, his entry shall be restored ; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in Such service. (R. S. § 2308.) § 4604. Service in Army or Navy in time of war equivalent to actual residence—In every Case in which a settler on the public land of the United States under the homestead laws enlistS Or is actually engaged in the Army, Navy, or Marine Corps Of the United States as private soldier, officer, seaman, Or marine, during the existing war with Spain or during any other war in which the United States may be en- gaged, his services therein . Shall, in the administra- tion of the homestead laws, be construed to be equiva- lent to all intents and purposes to residence and Cul- tivation for the same length of time upon the tract entered or settled upon ; and hereafter no contest | shall be initiated on-the-ground-of abandonment, nor allegation. Of abandonment Sustained against any Süch Settler, unless it shall be alleged in the preliminary affidavit or affidavits of contest, and proved at the hearing in cases hereafter initiated, that the settler's alleged absence from the land was not due to his em- ployment in such service: Provided, That if such set- tler shall be discharged. On account of Wounds receiv- ed or disability incurred in the line of duty, then the term Of his enlistment Shall be deducted from the re- Quired length of residence without reference to the time of actual service : Provided further, That no patent shall issue to any homestead Settler who has not resided upon, improved, and cultivated his home- stead for a period of at least one year after he shall have commenced his improvements. (June 16, 1898, c. 458, 30 Stat. 473.) § 4604a. Same; military service in connection with operations in Mexico—The provisions Of the Act approved June sixteenth, eighteen hundred and ninety-eight, chapter four hundred and fifty-eight (Thirtieth Statutes at Large, page four hundred and seventy-three), shall be applicable in all cases of military service rendered in Connection with Opera- tions in Mexico, or along the borders thereof, Or in mobilization camps elsewhere, whether such service be in the military or naval Organization of the United States Or the National Guard Of the several States now or hereafter in the service of the United States. (Aug. 29, 1916, c. 420, 39 Stat. 671.) See § 4604. - § 4604b. Same; contests—That any settler upon the public lands of the United States; or any entry- man whose application has been allowed ; or any person who has made application for public lands which thereafter may be allowed under the homestead laws, who, after such settlement, entry, or applica- tion, enlists or is actually engaged in the military or naval service of the United States as a private soldier, officer, seaman, marine, national guardsman, or mem- ber of any other organization for offense or defense authorized by Congress during any war in which the |United States may be engaged, shall, in the adminis- tration of the homestead laws, have his services there- in construed to be equivalent to all intents and pur- poses to residence and cultivation for the same length of time upon the tract entered Or settled upon ; and hereafter no contest shall be initiated. On the ground of abandonment, nor allegation of abandonment Sus- tained against any such settler, entryman, Or perSOIn unless it shall be alleged in the preliminary affidavit Or affidavits Of contest and proVed at the hearing in | 1 ź 4605 (Tit. 32 THE PUBLIC LANDS + IPage 6941 - cases hereinafter initiated that the alleged absence from the land was not due to his employment in Such military or naval service; that if he shall be dis- charged on account of wounds received Or disability incurred in the line of duty, then the term of his en- listment shall be deducted from the required length of residence, without reference to the time of actual service: Provided, That no patent shall issue to any homestead settler who has not resided upon, improv- ed, and Cultivated his homestead for a period of at least one year. (July 28, 1917, c. 44, § 1, 40 Stat. 248.) g § 4605. Entry by agent—Every soldier, Sailor, marine, Officer, or other person coming within the pro- Visions of section twenty-three hundred and four, may, as Well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre-emption cases; but such claimant in person shall within the time prescribed make his actual entry, COmmence Settlements and improvements On the Same, and thereafter fulfill all the requirements of law. (R. S. § 2309.) R. S. § 2304, is § 4592. . § 4606. Stockbridge Munsee Indians; rights of—Each Of the Chiefs, Warriors, and heads of fami- lies of the Stockbridge Munsee tribes of Indians, re- siding in the County Of Shawana, State of Wisconsin, may, under the direction of the Secretary of the Interior, enter a homestead and become entitled to all the benefits of this chapter, free from any fee or Charge; and any part of their present reservation, Which is abandoned for that purpose, may be sold, under the direction of the Secretary of the Interior, and the proceeds applied for the benefit of such In- Ólians as may settle on homesteads, to aid them in improving the same. (R. S. § 2310.) § 4607. Same; exemption of homesteads—The homestead secured, by virtue of the preceding sec- tion, shall not be subject to any tax, levy, or sale; nor Shall it be sold, conveyed, mortgaged, or in any man- ner incumbered, except upon the decree of the district Court of the United States, as provided in the fol- lowing section. (R. S. § 2311.) § 4608. Laws extended over former Ute Indian Reservation in Colorado—That the provisions of the homestead laws be, and are hereby, extended Over and shall apply to the lands included within the limits Of the former Ute Indian Reservation in Colorado not included in any forest reservation, in addition to the existing laws relating to Cash entries thereon : Pro- vided, That no selection or entry of lands in lieu Of land included Within a forest reservation Or Of soldiers’ Or sailors’ additional homesteads shall be al- lowed within said limits. (June 13, 1902, c. 1080, § 1, 32 Stat. 384.) § 4609. Reimbursement of Ute Indian fund— All sums of money that may be lost to the Ute In- dian fund by reason. Of the passage of this Act shall be paid into the fund by the United States, and all moneys received by reason of the commutation of any homestead entry shall be Credited to said Ute Indian fund. (June 13, 1902, c. 1080, § 2, 32 Stat. 384.) § 4610. Lands on which Government has irºn- provements excepted—NO lands shall be included in any location or settlement under the provisions of this Act on which the United States Government has valuable improvements. (June 13, 1902, c. 1080, § 3, 32 Stat. 384.) § 4611. Indians abandoming tribal relations— Any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-One years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on mak- ing Satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits Of the act entitled “An act to secure homesteads to actual Settlers on the public domain,” approved May twentieth, eighteen hundred and sixty-two, and the acts amendatory thereof, ex- | cept that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act: Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary conveyance' or the judgment, decree, or or- der of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor: Provided, That any such Indian shall be entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any inter- est he may hold or claim by reason of his former tribal relations shall be void. (March 3, 1875, c. 131, § 15, 18 Stat. 420.) § 4612. Indians located, on public lands; pat- ents—Such Indians as may now be located on public lands, Or as may, under the direction of the Secretary of the Interior, or otherwise, hereafter, so locate may aVail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid Such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, Or So much thereof as may be neces- sary, is hereby appropriated; but no fees or com- missions shall be charged on account of said entries Or, proofs. All patents therefor shall be of the legal effect, and declare that the United States does and Will hold the land thus entered for the period of twen- ty-five years, in trust for the sole use and benefit of the Indian by Whom Such entry shall have been made, or, in case Of his decease, of his widow and heirs ac- COrding to the laws of the State or Territory where such land is located, and that at the expiration of Said period the United States will convey the same by patent to Said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. (July 4, 1884, c. 180, § 1, 23 Stat. 96.) (R. s. §§ 2313–2316. Obsolete.) These Sections of the Revised Statutes incorporated the provisions of Act June 10, 1872, c. 424, §§ 2-4, iſ Stat. 331, which provided for the Opening of the unoccupied lands of the Ottawa and Chippewa Indian reservation in Michi. gan to homestead entry by the Indians and others in ac- Cordance with the provisions of the act. By its terms the act was limited to entries made within six months of its passage, and it has therefore become obsolete. (R. S. § 2317. Superseded.) This section provided that every person having a home- Stead, under this chapter, who, at the end of the third year of his residence thereon, should have had under cul- tivation, for two years, one acre of timber, the trees not more than twelve feet apart, and in a good, thrifty con- dition, for each sixteen acres of such homestead, should, on due proof, receive his patent for such homestead; in- corporating provisions of Act March 3, 1873, c. 277, § 4, 17 Stat. 606, part of the act to encourage the growth of timber on the western prairies. These provisions were re-enacted in the amendment of that act by Act March 13, 1874, c. 55, 18 Stat. 21, but were omitted from Act June 14, 1878, c. 190, 20 Stat. 113, which amended the act last mentioned sto read as there set forth, and was . itself repealed by Act March 3, 1891, c. 561, § 1 (§ 5116). Chapter Six—Mineral Lands and Mining Resources Sec. 4613. Mineral lands reserved. 4614. Lands open to purchase by citizens. 4615. Length of claims on veins or lodes. 4616. Proof of citizenship. 4617. Affidavit of citizenship. 4618. Locators’ rights of possession and enjoyment. 4619. Owners of tunnels, rights of. 4620. Regulations by miners. 46.20a. Same; as to labor not applicable to persons in military or naval service during war with Germany. 4620b. Same; as to labor suspended during 1917 and 1918. 4621. Expenditure on tunnels. 4622. Patents; how obtained. 4623. Adverse claim.; proceedings on. 4624. Sarne; Oath of claimant. 4625. Same; findings by jury; costs. 4626. Description of vein claims on Surveyed and unsurveyed lands. Ch. 6) ź 4618 THE PUBLIC LANDS [Page 695] Sec. 4627. Pending applications; existing rights. 4628. Conformity of placer-claims to surveys, limit of. 4629. Subdivisions of ten-acre tracts; maximum of placer, lo- cations. 4630. Conformity of placer-claims to surveys; limitation of claims. - 4631. Evidence of possession to establish right to patent. 4632. Proceedings for patent for placer-claim. 4633. Entry of building stone lands under placer mining laws. 4634. Previous provisions not repealed. 4635. Entry of mineral oil lands under placer mining laws. Assessment work on contiguous oil lands, located as claims, .of same owner. Patents for oil or gas lands not denied because of trans- fer before discovery of oil or gas. 4636. 4637. 4637a. Agreements, with applicants for patents as to disposi- tion of oil or gas, or proceeds thereof, pending deter- mination of title; Navy Petroleum ſºund. 4638. Entry under homestead or desert land laws of lands in Utah, withdrawn or classified as oil lands; reserva- tion of oil and gas. 4639. Same; applications for lands. 4640. Same; patent for lands; reservation. 46.40a. Entry or purchase of lands withdrawn or classified as containing phosphate, nitrate, potash, oil or gas; res- ervation to U. S. 4640b. Same; patents. 4640c. Same; persons locating lands subsequently withdrawn * or classified; patents to. 4640d. Locations of lands having deposits of phosphate rock, valid; patents. 4640e. Permits to prospect for potassium. 4640ee. Same; patents to permittees on discovery; leases; royalties. 4640f. Same; leases to permittees for camp sites. 4640ff. Same; cancellation of permits. 4640g. Same; restrictions on leasehold interests. 4640gg. Same; reservations in leases. . 4640h. Same; provision in leases for protection of United States. 4640hh. Same; forfeiture of leases. 4640i. Same; provisions of act applicable to disposed of pub- lic lands reserving deposits. 4640ii. Same; disposition of royalties and rentals. 4640j, Same; rules and regulations. 4640jj. Same; deposits disposed of in accordance With act; rights of states. 4640k. Same; provision in leases for regulation of price and disposition of minerals. Entry of saline lands under placer mining laws. Surveyors of mining-claims. Verification of affidavitS. Intersecting or crossing veins. Patents for non-mineral lands. Conditions of sale by local legislature. Wested rights to use of water for mining; for Canals. 4641. 4642. 4643. 4644. 4645. , 4646. 4647. right of way 4648. Rights subject to vested and accrued water-rights. 4649. Certain mineral lands open to homesteads. 4650. Mineral lands set apart as agricultural lands. 4651. Additional land districts and officers. 4652. Provisions of chapter not to affect certain rights. 4653. Lands in certain States excepted. * Lands in Missouri and Kansas; disposal as agricultural lands. Lands in Alabama; disposal as agricultural lands. Same; reclassification as agricultural or mineral lands. 4654. 4655. 4656. 4657. Lands designated as agricultural subject to homestead entry. 4658. Grants to States or corporations not to include mineral lands. 4659. Coal-lands; entry. 4660. Same; pre-emption. 4661. Same; presentation of pre-emption claims. 4662. Same; one entry only. 4663. Same; conflicting claims. 4664. Same; rights reserved. 4665. Same; rights of entrymen of lands subsequently classi- fied as coal lands; disposal of coal deposits. 4665a. Same; new or supplemental patents, in case of lands subsequently classified as noncoal. 4666. sº homestead or desert-land entries under Carey Ct. 4667. Same; applications for entry under act. 4668. Patents for lands, with reservation of coal; disposal of coal depositS. 4668a. Disposition of lands in Indian reservations with reser- vation of coal; examination and appraisal of lands. 4668b. Same; statements in application; patents. 4668c, Same; disposition by United States of coal. 4668d. Same; disposition of proceeds. 4669. Selection of Coal lands by States; sale in isolated or disconnected tracts. 4670. Coal lands in Alabama opened to agricultural entry. § 4613. Mineral lands reserved—In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. (R. S. § 2318.) Lands in Oklahoma declared non-mineral Townsite entries on mineral lands, see § 4799. by § 5027. Removal | of timber on mineral lands, see §§ 4989-4991. Mineral lands in forest reservations, see § 5133; in abandoned military reservations, see § 5006. Mining laws extended to Alaska, See § 5095. Mineral lands in Philippine Islands, see §§ 3830–3872. § 4614. Lands open to purchase by citizens— All valuable mineral deposits in lands belonging to the United States, both Surveyed and unsurveyed, are hereby declared to be free and Open to exploration and purchase, and the lands in which they are found to Occupation and purchase, by Citizens of the Unit- ed States and those who have declared their inten- tion to become such, under regulations prescribed by law, and a CCOrding to the local Customs Or rules Of miners in the several mining-districts, so far as the Same are applicable and not inconsistent with the laws of the United States. (R. S. § 2319.) Lands reserved for water-power sites, etc., opened to ex- ploration, etc., under mining laws, see § 4524. § 4615. Length of claims on veins or lodes— Mining-claims upon Veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, Copper, Or Other Valuable deposits, heretofore locat- ed, shall be governed as to length along the vein Or lode by the customs, regulations, and laws in force at the date Of their location. A mining-claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, Imay equal, but shall not exceed, one thousand—five— hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery Of the vein Or lode within the limits Of the claim located. No claim shall extend more than three hundred feet On each side Of the middle Of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet On each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and Seventy-two, render Such limi- tation necessary. The end-lines of each claim shall be parallel to each other. (R. S. § 2320.) § 4616. Proof, of citizenship—Proof of citizen- ship, under this chapter, may consist, in the case Of an individual, of his own affidavit thereof; in the case of an association Of persons unincorporated, Of the affidavit of their authorized agent, made On his Own knowledge, or upon information and belief; and in the case of a corporation organized under the laws Of the United States, Or Of any State Or Territory thereof, by the filing Of a Certified copy of their Char- ter or certificate of incorporation. (R. S. § 2321.) § 4617. Affidavit of citizenship—Applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any Oath or affidavit required for proof of Citizenship be- fore the Clerk of any COurt of record Or before any notary public of any State or Territory. (April 26, 1882, c. 106, § 2, 22 Stat. 49.) § 4618. Locators’ rights of possession and enjoyment--The locators Of all mining locations heretofore made or which shall hereafter be made, On any mineral vein, lode, or ledge, situated on the pub- lic domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hun- dred and seventy-two, SO long as they COmply with the laws of the United States, and with State, ter- ritorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included Within the lines of their locations, and of all Veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of Such surface-lines extended downward vertically, although Such Veins, lodes, Or ledges may so far depart from a perpendicular in their course downward as to extend Outside the ver- tical side-lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof 3 4619 (Tit. 32 THE PUBLIC LANDS [Page 6961 - as lie between vertical planes drawn downward as above described, through the end-lines Of their loca- tions, so continued in their own direction that such planes will intersect such exterior parts of such veins Or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which ex- tends in its downward course beyond the Vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. (R. S. § 2322.) § 4619. Owners of tunnels, rights of—Where a tunnel is run for the development of a Vein or lode, or for the discovery of mines, the owners Of Such tunnel shall have the right of possession of all Veins or lodes within three thousand feet from the face of such tunnel On the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations On the line of such tunnel of veins. Or lodes not appear- ing on the surface, made by other parties after the commencement, of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tun- nel for six months shall be COnsidered as an aban- donment of the right to all undiscovered veins On the line of such tunnel. (R. S. § 2323.) § 4620. Regulations by miners—The miners of each mining-district may make regulations not in COn- flict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of reCOrd- ing, amount of work necessary to hold possession of a mining-claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All rec- ords of mining-claims hereafter made shall Contain the name or names Of the locators, the date Of the lo- Gation, and such a description of the claim or claims located by reference to Some natural Object Or per- manent monument as will identify the claim. On each claim located after the tenth day Of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than One hundred dol- lars’ Worth of labor shall be performed Or improve- ments made during each year. On all Claims located prior to the tenth day of May, eighteen hundred and Seventy-two, ten dollars’ Worth Of labor Shall be per- formed Or improvements made by the tenth day Of June, eighteen hundred and Seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such Claims are held in COmmon, Such ex- penditure may be made upon any one claim ; and upon .a failure to comply with these COnditions, the claim or mine upon which such failure occurred shall be Open to relocation in the same manner as if no lo- cation of the same had ever been made, provided that the original locators, their heirs, assigns, Or legal rep- resentatives, have not resumed Work upon the Claim after failure and before such location. Upon the fail- ure of any One of several Co-Owners to Contribute his proportion of the expenditures required hereby, the Co-Owners who have performed the labor Or made the improvements may, at the expiration of the year, give Such delinquent CO-OWner perSonal notice in writing or notice by publication in the newspaper pub- lished nearest the Claim, for at least Once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication Such delinquent should fail Or refuse to Contribute his proportion of the expenditure required by this Section, his interest in the Claim shall become the property Of his Co-Owners who have made the requir- ed expenditures. Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence On the first day of January succeeding the date of location Of Such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two. (R. S. § 2324, amended, Jan. 22, 1880, c. 9, § 2, 21 Stat. 61.) o As to mining claims in Alaska, see §§ 5051, 5052. § 46.20a. Same; as to labor not applicable to persons in military or naval service during war with Germany—The provisions of Section twenty- three hundred and twenty-four of the Revised Stat- utes Of the United States, which require that on each mining claim located after the tenth day of May, eighteen hundred and seventy-two, and until patent has been issued therefor, not less than $100 worth Of labor shall be performed or improvements made during each year, shall not apply to claims or parts Of Claims O'Wined by Officers or enlisted men who have been or may during the present War with Germany, be mustered into the military or naval service Of the United States to serve during their enlistment in the war with Germany, so thät no mining claim or any part thereof Owned by such person which has been regularly located and recorded shall be subject to forfeiture for nonperformance of the annual assess- ments during the period of his service or until six In Onths after such owner is mustered out of the Serv- ice Or until six months after his death in the Service: Provided, That the claimant of any mining location, in Order to obtain the benefits of this resolution, shall file, Or Cause to be filed, a notice in the Office where the location Inotice Ol: Certificate is recorded, before the expiration of the assessment year during which he is SO mustered, giving notice Of his muster into the Service Of the United States and Of his desire to hold said mining claim under this resolution. (July 17, 1917, c. 39, 40 Stat. 243.) R. S. § 2324, is § 4620. § 4620 b. Same; as to labor suspended during 1917 and 1918—In Order that labor may be most ef- fectively used in raising and producing those things needed in the prosecution of the present war with Germany, that the provision of section twenty-three hundred and twenty-four Of the Revised Statutes Of the United States which requires on each mining claim located, and until a patent has been issued therefor, not less than $100 worth of labor to be performed or improvements to be made during each year, be, and the same is hereby, Suspended during the years nineteen hundred and Seventeen and nineteen hundred and eighteen: Provided, That every claimant of any Such mining Claim in Order to obtain the benefits of this resolution shall file Or Cause to be filed in the Office where the location notice Or Certificate is record- ed on or before December thirty-first, of each of the years nineteen hundred and seventeen and nineteen hundred and eighteen, a notice Of his desire to hold said mining Claim under this resolution: Provided further, That this resolution shall not apply to oil placer locations Or Claims. .a. This resolution shall not be deemed to amend or repeal the public resolution entitled “Joint resolution to relieve the Owners of mining Claims who have been mustered into the military Or naval Service Of the United States as officers or enlisted men from per- forming assessment work during the term of such Service,” approved July seventeenth, nineteen hun- dred and seventeen. (Oct. 5, 1917, c. 75, 40 Stat. 343.) R. S. § 2324, is § 4620. - § 4621. Expenditure on tunnels—Section two thousand three hundred and twenty-four of the re- Vised Statutes, be, and the same is hereby, amended SO that where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, OWned by Said person or company, the money so ex- pended in Said tunnel shall be taken and considered as eXpended on said lode or lodes, whether located pri- Or to or since the passage of said act; and such per- , SOn Or COmpany shall not be required to perform work on the Surface of Said lode or lodes in order to hold the same as required by said act. (Feb. 11, 1875, c. 41, 18 Stat. 315.) Ch. 6) 3 4626 THE PUBLIC LANI)S [Page 6971 § 4622. Patents; how obtained—A patent for any land Claimed and located for valuable deposits may be obtained in the following manner: Any per- Son, association, or corporation authorized to locate a claim under this chapter, having claimed and locat- ed a piece of land for Such purposes, who has, or have, COImplied with the terms of this chapter, may file in the proper land-office an application for a pat- ent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in Common, made by or under the direction of the Unit- ed States surveyor-general, showing accurately the boundaries of the claim or claims, which shall be dis- tinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of Such application for a patent, in a conspicuous place On the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land-office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land-office, upon the filing of such ap- plication, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by be a Waiver of his adverse claim. After such judg- ment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, Without giving further notice, file a certified Copy of the judgment-roll with the register of the land-office, together with the certificate of the Survey. Or-general that the requisite amount of labor has been eXpended Or improvements made thereon, and the de- Scription required in other cases, and shall pay to the receiver five dollars per acre for his claim, togeth- er with the proper fees, whereupon the whole proceed- ings and the judgment-roll shall be certified by the register to the Commissioner of the General Land-Of- fice, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the Court, to rightly possess. If it appears from the decision of the Court that several parties are entitled to separate and different portions Of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the surveyor-general, whereupon the register shall certify the proceedings and judg- ment-roll to the Commissioner of the General Land- Office, as in the preceding case, and patents shall is- Sue to the several parties according to their respec- tive rights. Nothing herein contained shall be Con- strued to prevent the alienation of the title conveyed him designated as published nearest to such claim ; - and—he-shall—also post such notice in-his office for the by a patent for a mining-claim to any person what- same period. The claimant at the time of filing this application, or at any time thereafter, within the six- ty days of publication, shall file with the register a Certificate of the United States surveyor-general that five hundred dollars’ Worth of labor has been expended Or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the Sixty days Of publication the Claimant shall file his affidavit, 'Show- ing that the plat and notice have been posted in a Conspicuous place On the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land- office at the expiration of the sixty days of publica- tion, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper Officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. Provided, That where the claimant for a patent is not a resident of or within the land dis- trict wherein the vein, lode, ledge, or deposit Sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is con- versant with the facts Sought to be established by Said affidavits. And provided, That this section shall ap- ply to all applications now pending for patents to min- eral lands. (R. S. § 2325, amended, Jan. 22, 1880, C. 9, § 2, 21 Stat. 61.) See §§ 4623, 5053. § 4623. an adverse claim is filed during the period of publi- cation, it shall be upon Oath Of the person Or perSOnS making the same, and shall show the nature, bound- aries, and extent of such adverse claim, and all pro- ceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed un- til the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to Commence proceedings in a Court of competent juris- diction, to determine the question of the right of pos- Session, and prosecute the same with reasonable dil- igence to final judgment; and a failure so to do Shall Adverse claim; proceedings on—Where , (R. S. § 2326.) See §§ 4622, 4624, 4625, 5053. § 4624. Same; oath of claimant—The adverse Claim required by Section twenty-three hundred and twenty-six of the Revised Statutes may be verified by the Oath of any duly-authorized agent, or attorney- in-fact of the adverse claimant cognizant of the facts Stated ; and the adverse claimant, if residing or at the time being beyond the limits of the district where- in the claim is situated, may make oath to the adverse claim before the clerk of any Court of record of the United States Or Of the State Or Territory where the adverse claimant may then be, or before any notary public of such State or Territory. (April 26, 1882, c. 106, § 1, 22 Stat. 49.) R. S. § 2326, is § 4623. - § 4625. Same; findings by jury; costs—If, in any action brought pursuant to section twenty-three hundred and twenty-six of the Revised Statutes, title to the ground in controversy shall not be established by either party, the jury shall so find, and judgment Shall be entered according to the verdict. In Such Case costs shall not be allowed to either party, and the claimant shall not proceed in the land-office or be entitled to a patent for the ground in controversy un- til he shall have perfected his title. (March 3, 1881, c. 140, 21 Stat. 505.) R. S. § 2326, is § 4623. § 4626. Description of vein claims on survey- ed and unsurveyed lands—The description of vein Or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines Of the public Survey, but need not conform there with ; but where patents have been or shall be issued for claims upon unsurveyed lands, the surveyors-general, in extending the public Survey, shall adjust the same eVel’. to the boundaries of said patented claims so as in no Case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands Only shall be segregated and shall be deemed to be patented which are bounded by the lines actually lılarked, defined, and established upon the ground by the monuments of the official Survey upon which the patent grant is based, and surveyors- general in executing Subsequent patent surveys, wheth- er upon Surveyed Or unsurveyed lands, shall be gov- erned a CCOrdingly. The said monuments shall at all times Constitute the highest authority as to what land is patented, and in Case of any conflict between the said monuments of Such patented Claims and the de- ź 4627 (Tit. 32 THE PUBLIC LANDS [Page 6981 - scriptions of said claims in the patents issued there- for the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (R. S. § 2327, amended, April 28, 1904, c. 1796, 33 Stat. 545.) § 4627. Pending applications; existing rights —Applications for patents for mining-claſms under for- mer laws now pending may be prosecuted to a final decision in the General Land-Office; but in Such cases where adverse rights are not affected thereby, patents Imay issue in pursuance of the provisions of this chap- ter; and all patents for mining-claims upon veins Or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen hun- dred and seventy-two. (R. S. § 2328.) - § 4.628. Conformity of placer-claims to sur- veys, limit of—Claims usually called “placers,” in- cluding all forms of deposit, excepting veins of quartZ, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for Vein Or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exte- rior limits shall conform to the legal subdivisions of the public lands. (R. S. § 2329.) Building-stone lands, see §§ 4629-4633; oil lands, see §§ 4629-4633, 4635; saline lands, §§ 4629-4633, 4641; placer min- ing claims in Alaska, see §§ 5054-5058. - § 4629. Subdivisions of ten-acre tracts; Inax- imum of placer locations—Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of perSons, having contiguous claims of any size, although Such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer-claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and Sixty acres for any one person or association of persons, which location shall Conform to the United States SurveyS; and nothing in this section contained shall defeat Or impair any bona-fide pre-emption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona-fide settler to any purchas- er. (R. S. § 2330.) § 4630. Conformity of placer-claims to sur- veys; limitation of claims—Where placer-claims are upón Surveyed lands, and conform to legal subdivi- sions, no further survey or plat shall be required, and all placer-mining claims located after the tenth day Of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States System of public-land surveys, and the rectangular Subdivi- sions of Such surveys, and no such location shall in- clude more than twenty acres for each individual claimant ; but where placer-claims cannot be Conform- ed to legal subdivisions, survey and plat Shall be made as on unsurveyed lands; and where by the Segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre- emption purposes. (R. S. § 2331.) § 4631. Evidence of possession to establish right to patent—Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining-claims of the State or Territory where the same may be situated, evidence of such possession and Working Of the claims for such period shall be sufficient to establish a right to a patent thereto under this Chapter, in the absence Of any adverse claim ; but nothing in this chapter shall be deemed to impair any lien which may have attached in any Way whatever to any mining-claim or property thereto attached prior to the issuance Of a patent. (R. S. § 2332.) § 4632. Proceedings for patent for placer- claim—Where the same person, association, or cor- N poration is in possession of a placer-claſm, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer- claim, With the statement that it includes such Wein' Or lode, and in such case a patent shall issue for the plaCer-Claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for Such vein or lode Claim, and tWenty-five feet Of Surface On each Side thereof. The remainder of the placer-claim, or any placer-claim not embracing any vein or lode-claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty- three hundred and twenty, is known to exist Within the boundaries of a placer-Claim, an application for a patent for such placer-Claim which does not include an application for the vein or lode Claim shall be construed as a conclusive declaration that the claim- ant of the placer-claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer-claim is not known, a pat- ent for the placer-claim shall convey all valuable min- eral and Other depositS Within the boundaries thereof. (R. S. § 2333.) - - § 4633. Entry of building stone lands under placer mining laws—Any person authorized to en- ter lands under the mining laws of the United States may enter lands that are Chiefly Valuable for building stone under the provisions of the law in relation to placer mineral claims, Provided, That lands reserv- ed for the benefit of the public schools or donated to any States shall not be subject to entry under this act. (Aug. 4, 1892, c. 375, § 1, 27 Stat. 348.) • § 4634. Previous provisions not repealed— Nothing in this act shall be construed to repeal Sec- tion twenty-four of the act entitled “An act to repeal timber-culture laws, and for other purposes,” approv- ed March third, eighteen hundred and ninety-One. (Aug. 4, 1892, c. 375, § 3, 27 Stat. 348.) See § 5121. § 4635. Entry of mineral oil lands under plac- er. Imining laws—Any perSOn authorized to enter lands under the mining laws of the United States may enter and obtain patent to lands Containing petroleum or other mineral oils, and Chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims: Frovided, That lands Containing such petroleum or other mineral Oils Which have heretO- fore been filed upon, claimed, Or improved as miner- al, but not yet patented, may be held and patented under the provisions Of this Act the same as if Such filing, claim, or improvement were subsequent to the date of the passage hereof. (Feb. 11, 1897, c. 216, 29 Stat. 526.) § 4636. Assessment work on contiguous oil lands, located as claims, of same owner-Where Oil lands are located under the provisions Of title thirty-two, chapter six, Revised Statutes of the Unit- ed States, as placer mining claims, the annual as- sessment labor upon such claims may be done upon any one of a group of claims lying Contiguous and owned by the same person or corporation, not exceed- ing five claims in all: Provided, That said labor will tend to the development or to determine the oil-bear- ing character of such contiguous claims. (Feb. 12, 1903, c. 548, 32 Stat. 825.) - § 4637. Patents for oil or gas lands not de- nied because of transfer before discovery of oil or gas—In no case shall patent be denied to or for any lands heretofore located Or Claimed under the mining laws of the United States containing petroleum, min- eral oil, or gas solely because of any transfer or as- signment thereof or of any interest Or interests there- in by the Original locator or locators, or any of them, to any qualified persons Or person, Or Corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects valid and regular, pat- Ch. 6) 3 4640b THE PUBLIC LANDS [Page 699] ent therefor not exceeding one hundred and sixty acres in any one claim shall issue to-the holder or holders thereof, as in other cases: Provided, however, That Such lands were not at the time Of inception Of development on or under such claim withdrawn from mineral entry. (March 2, 1911, c. 201, § 1, 36 Stat. 1015.) § 4637 a. Agreements, with applicants for patents as to disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund—Where applications for patents have been or may hereafter be offered for any oil or gas land included in an order of withdrawal upon Which Oil Or gas has heretofore been discovered, Or is being produced, or upon which drilling Operations were in actual progress On October third, nineteen hundred and ten, and Oil or gas is thereafter discOV- ered thereon, and Where there has been no final de- termination by the Secretary Of the Interior upon Such applications for patent, said Secretary, in his dis- Cretion, may enter into agreements, under Such COn- ditions as he may prescribe with such applicants for patents in possession of Such land Or any portions thereof, relative to the disposition of the Oil Or gas produced therefrom or the proceeds thereof, pending final determination Of the title thereto by the Secre- —tary-of-the-Interior, or—such—other disposition of the Same as may be authorized by law. Any money which may accrue to the United States under the provi- Sions of this Act from lands within the Naval Petro- leum Reserves shall be set aside for the needs Of the Navy and deposited in the Treasury to the credit of a fund to be known as the Navy Petroleum Fund, Which fund shall be applied to the needs of the Navy as Congress may from time to time direct, by appro- priation or otherwise. (March 2, 1911, c. 201, § 2, 36 Stat. 1015, amended, Aug. 25, 1914, c. 287, 38 Stat. 708.) • § 4638. Entry under homestead or desert land laws of lands in Utah withdrawn or classi- fied as oil lands; reservation of oil and gas— From and after the passage of this Act unreserved public lands of the United States in the State of Utah, which have been withdrawn or classified as oil lands, or are valuable for oil, shall be subject to appropriate entry under the homestead laws by actual Settlers Only, the desert-land law, to selection by the State of Utah under grants made by Congress and under Sec- tion four of the Act approved August eighteenth, eighteen hundred and ninety-four known as the Carey Act, and to withdrawal under the Act approved June Seventeenth, nineteen hundred and two, known as the reclamation Act, and to disposition in the discre- tion of the Secretary of the Interior under the law providing for the sale of isolated or disconnected tracts of public lands, whenever such entry, selec- tion, Or Withdrawal Shall be made With a view of Ob- taining Or passing title, With a reservation to the United States of the oil and gas in Such lands and Of the right to prospect for, mine, and remove the same. But no desert entry made under the provisions of this Act shall Contain more than One hundred and sixty acres: Provided, That those who have initiated nonmineral entries, selections, or locations in good faith, prior to the passage of this Act, On lands with- drawn or classified as oil lands, may perfect the same under the provisions Of the laws under which Said entries were made, but shall receive the limited pat- ent provided for in this Act. (Aug. 24, 1912, c. 367, § 1, 37 Stat. 496.) See §§ 4685, 4700-4708, 5110. § 4639. Šame; applications for lands—Any person desiring to make entry under the homestead laws or the desert-land law, and the State of Utah de- siring to make selection under section four of the Act of August eighteenth, eighteen hundred and nine- ty-four, known as the Carey Act, or under grants made by Congress, and the Secretary of the Interior in withdrawing under the reclamation Act lands classi- fied as Oil lands, or valuable for oil, with a view of Securing Or passing title to the same in accordance With the provisions of said Acts, shall state in the application for entry, selection, or notice of with- drawal that the same is made in accordance with and subject to the provisions and reservations of this Act. (Aug. 24, 1912, c. 367, § 2, 37 Stat. 496.) § 4640. Sarae; patent for lamds; reservation —Upon satisfactory proof of full Compliance with the provisions of the laws under which entry is made and of this Act the entryman shall be entitled to a patent to the land entered by him, which patent Shall COn- tain a reservation to the United States of all the Oil and gas in the lands so patented, together With the right to prospect for, mine, and remove the same up- On rendering compensation to the patentee for all damages that may be caused by prospecting for and removing such oil or gas. The reserved Oil and gas deposits in such lands shall be disposed of Only as shall be hereafter expressly directed by law. (Aug. 24, 1912, c. 367, § 3, 37 Stat. 496.) § 4640a. Entry or purchase of lands with- drawn or classified as containing phosphate, initrate, potash, oil or gas; reservations to J. S. —Lands withdrawn Or Classified as phosphate, ni- —trate, potash, oil, gas, or asphaltic minerals, or Which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, Or purchase, if Otherwise available, under the nonmineral land laws of the ' United States, whenever Such location, Selection, entry, or purchase shall be made With a view of obtaining or passing title with a reservation to the United States of the deposits on account of which the lands were withdrawn Or Classified Or re- ported as valuable, together with the right to pros- pect for, mine, and remove the same ; but no desert entry made under the provisions of this Act shall Con- tain more than one hundred and sixty a Cres: Provid- ed., That all applications to locate, select, enter, or purchase under this section shall state that the same are made in accordance with and Subject to the pro- visions and reservations of this Act. (July 17, 1914, c. 142, § 1, 38 Stat. 509.) § 4640 b. Same; patents—Upon satisfactory proof of full compliance with the provisions of the laws under which the location, selection, entry, Or pur- chase is made, the locator, selector, entryman, or purchaser shall be entitled to a patent to the land 10- cated, selected, entered, or purchased, which patent shall contain a reservation to the United States Of the deposits on account of which the lands so patented Were Withdrawn or classified or reported as Valuable, to- gether with the right to prospect for, mine, and re- move the same, such deposits to be subject to disposal by the United States only as shall be hereafter ex- pressly directed by law. Any person qualified to a C- quire the reserved deposits may enter upon said lands with a view of prospecting for the same upon the ap- proval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the Crops and improvements On Such lands by reason of such prospecting, the meas- ure of any such damage to be fixed by agreement of parties or by a court of competent jurisdiction. Any person who has acquired from the United States the title to or the right to mine and remove the reserved de- posits, should the United States dispose of the mineral deposits in lands, may reenter and OCCupy SO much of the surface thereof as may be required for all pur- poses reasonably incident to the mining and removal Of the minerals therefrom, and mine and remove Such minerals, upon payment of damages Caused thereby to the owner of the land, or upon giving a good and sufficient bond or undertaking therefor in an action in- stituted in any competent Court to ascertain and fix said damages: Provided, That nothing herein Con- tained shall be held to deny or abridge the right to & 4640c (Tit. 32 THE PUBLIC LANDS IPage 700I present and have prompt consideration of applications to locate, Select, enter, or purchase, under the land laws of the United States, lands which have been with- drawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic mineral lands, with a view of dis- proving such classification and Securing patent With- out reservation, nor shall persons who have located, selected, entered, Or purchased lands Subsequently withdrawn, or classified as valuable for said mineral deposits, be debarred from the privilege of showing, at any time before final entry, purchase, or approval of selection or location, that the lands entered, select- ed., Or located are in fact nonmineral in Character. (July 17, 1914, c. 142, § 2, 38 Stat. 509.) § 4640c. Same; persons locating lands subse- quently withdrawn or classified; patents to—Any person who has, in good faith, located, selected, enter- ed, or purchased, or any person who shall hereafter lo- cate, select, enter, or purchase, under the nonmineral land laws of the United States, any lands which are subsequently withdrawn, classified, or reported as be- ing valuable for phosphate, nitrate, potash, oil, gas, Or asphaltic minerals, may, upon application therefor, and making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which patent shall contain a reser- vation to the United States of all deposits on account of which the lands were withdrawn, classified, or re- ported as being valuable, together with the right to prospect for, mine, and remove the same. (July 17, 1914, c. 142, § 3, 38 Stat. 510.) § 4640d. Locations of lands having deposits of phosphate rock, valid; patents—Where public lands COntaining deposits Of phosphate rock have here- tofore been located in good faith under the placer- mining laws of the United States and upon which as- sessment work has been annually performed, such lo- cations shall be valid and may be perfected under the provisions of said placer-mining laws, and patents whether heretofore Or hereafter issued thereon shall give title to and possession of such deposits: Provid- ed., That this Act shall not apply to any locations made Subsequent to the withdrawal Of Such lands from loca- tion, nor shall it apply to lands included in an adverse or conflicting lode location unless such adverse or Conflicting location is abandoned. (Jan. 11, 1915, c. 9, 38 Stat. 792.) § 4640e. Permits to prospect for potassium— The Secretary of the Interior is hereby authorized and directed, under Such rules and regulations as he may prescribe, to issue to any applicant who is a citizen of the United States, an association of such citizens, Or a COrpOration Organized under the laws Of any State or Territory thereof, a prospecting permit which shall give the exclusive right, for a period not exceed- ing two years, to prospect for chlorides, sulphates, car- bonates, borates, silicates, or nitrates of potassium on public lands of the United States, except lands in and adjacent to Searles Lake, which would be described if surveyed as townships twenty-four, twenty-five, twenty-six, and twenty-seven south of ranges forty- two, forty-three, and forty-four east, Mount Diablo meridian, California: Provided, That the area to be included in such permit shall not exceed two thousand five hundred and sixty acres of land in reasonably Compact form. (Oct. 2, 1917, c. 62, § 1, 40 Stat. 297.) § 4640ee. Same; patents to permittees on dis- covery; leases; royalties—Upon showing to the sat- isfaction of the Secretary of the Interior that valua- ble deposits Of One Or more Of the Substances enumer- ated in section One hereof have been discovered by the permittee within the area covered by his permit, the permittee shall be entitled to a patent for not to exceed one-fourth of the land embraced in the prospecting per- mit, to be taken in compact form and described by legal subdivisions of the public-land surveys, or if the land be not Surveyed, then in tracts which shall not exceed two miles in length, by Survey executed at the cost ºf the permittee, in accordance with rules and regulations prescribed by the Secretary of the Interior. All other lands described and embraced in such a prospecting permit from and after the exercise of the right to patent accorded to the discoverer, and not cov- ered by leases, may be leased by the Secretary of the Interior, through advertisement, competitive bidding, Or Such other methods as he may by general regula-. tions adopt, and in such areas as he shall fix, not ex- Ceeding two thousand five hundred and sixty acres, all leases to be conditioned upon the payment by the les- See of such royalty as may be specified in the lease and which shall be fixed by the Secretary of the In- terior in advance of offering the same, and which shall not be less than two per centum On the gross value Of the output at the point of shipment, which royalty, On demand of the Secretary of the Interior, shall be paid in the product of such lease, and the payment in advance of a rental, which shall be not less than 25 Cents per acre for the first year thereafter ; not less than .50 cents per acre for the second, third, fourth, and fifth years, respectively; and not less than $1 per acre for each and every year thereafter during the Continuance of the lease, except that such rental for any year shall be credited against the royalties as they accrue for that year. Leases shall be for indeterminate periods, upon condition that at the end of each twenty-year period succeeding the date of any lease such readjustment of terms and conditions may be made as the Secretary of the Interior may deter- mine, unless otherwise provided by law at the time of the expiration of such periods, and a patentee under this section may also be a ſessee: Provided, That the potash deposits in the public lands in and adjacent to Searles Lake in what would be if surveyed townships twenty-four, twenty-five, twenty-six, and twenty-seven South of ranges forty-two, forty-three, and forty-four east, Mount Diablo meridian, California, may be oper- ated by the United States or may be leased by the Secretary of the Interior under the terms and provi- Sions of this Act: Provided further, That the Secre- tary of the Interior may issue leases under the provi- Sions of this Act for deposits of potash in public lands in Sweetwater County, Wyoming, also containing de- posits of coal, on condition that the coal be reserved ; the United States. (Oct. 2, 1917, c. 62, § 2, 40 Stat. 98.) - . - .. - § 4640f. Same; leases to permittees for camp sites—In addition to areas of such mineral land to be included in prospecting permits or leases the Secre- tary of the Interior, in his discretion, may issue to a permittee or lessee under this Act the exclusive right to use, during the life of the permit or lease, a tract Of unoccupied nonmineral public land not exceeding forty acres in area for Camp sites, refining works, and other purposes connected with and necessary to the proper development and use of the deposits cover- ed by the permit or lease. (Oct. 2, 1917, c. 62, § 3, 40 * Stat. 298.) - § 4640ff. Same; cancellation of permits—The Secretary of the Interior shall reserve the authority and shall insert in any preliminary permit issued un- Cler Section One hereof appropriate provisions for its Cancellation by him upon failure by the permittee or licensee to exercise due diligence in the prosecution of the prospecting work in accordance with the terms and conditions stated in the permit. (Oct. 2, 1917, c. 62, § 4, 40 Stat. 299.) . § 4640g. Same; restrictions on leasehold in- terests—No person shall take or hold any interest or interests as a member of an association or associations Or as a Stockholder of a corporation or corporations holding a lease under the provisions hereof which, to- gether with the area embraced in any direct holding of a lease under this Act, or which, together with any Other interest Or interests as a member of an associa- tion or associations or as a stockholder of a corpora- tion or Corporations holding a lease under the provi- Sions hereof, or otherwise, exceeds in the aggregate in any area, fifty miles Square an amount equivalent Ch. 6) ź 4642 THE PUBLIC LANDS [Page 701] to the maximum number of acres allowed to any one lessee under this Act ; that no person, association, Or corporation holding a lease under the provisions of this Act shall hold more than a tenth interest, direct Or indirect, in any other agency, corporate or otherwise, engaged in the sale or resale of the products obtained from such lease; and any violation of the provisions of this section shall be ground for the forfeiture of the lease or interest so held ; and the interests held in violation of this provision shall be forfeited to the TJnited States by appropriate proceedings instituted by the Attorney General for that purpose in the United States district Court for the district in which the prop- erty or some part thereof is located, except that any such ownership or interest hereby forbidden which may be acquired by descent, will, judgment, Or decree may be held for two years and not longer after its acquisition. (Oct. 2, 1917, c. 62, § 5, 40 Stat. 299.) § 4640gg. Same; reservations in Ieases—Any permit, lease, occupation, or use permitted under this Act shall reserve to the Secretary of the Interior the right to permit for joint or several use such easements or rights of way upon, through, or in the lands leased, occupied, or used as may be necessary or appropriate to the working of the same, or of other lands contain- ing the deposits described in this Act, and the treat- ment and shipment of the products thereof by or un- der authority of the Government, its lessees, or per- || mittees, and for other public purposes: Provided, That said Secretary, in his discretion, in making any lease under this Act may reserve to the United States the right to dispose of the surface of the lands em- braced within Such lease under existing law. Or laws hereafter enacted, in So far as said surface is not necessary for use of the lessee in extracting and re- moving the deposits therein: Provided further, That if such reservation is made it shall be so determined before the offering of Such lease; that the Said Secre- tary, during the life of the lease, is authorized to is- Sue Such permits for easements herein provided to be reserved. (Oct. 2, 1917, c. 62, § 6, 40 Stat. 299.) § 4640h. Same; provision in leases for protec- tion of United States—Each lease shall contain pro- visions deemed necessary for the protection of the interests of the United States, and for the prevention of monopoly, and for the safeguarding of the public welfare. (Oct. 2, 1917, c. 62, § 7, 40 Stat. 299.) § 4640.hh. Same; forfeiture of leases—Any lease issued under the provisions of this Act may be forfeited and Canceled by an appropriate proceeding in the United States district Court for the district in which the property or some part thereof is located whenever the lessee fails, to comply with any of the provisions of this Act, of the lease, or of the general reg- ulations promulgated under this Act and in force at the date of the lease, and the lease may provide for resort to appropriate methods for the Settlement of disputes or for remedies for breach of Specified con- ditions thereof. (Oct. 2, 1917, c. 62, § 8, 40 Stat. 299.) § 4640i. Same; provisions of act applicable to disposed of public lands reserving deposits—The provisions of this Act shall also apply to all depositS of potassium salts in the lands of the United States which may have been Or may be disposed of under laws reserving to the United States the potassium de- posits with the right to prospect for, drill, mine, and remove the same, subject to such conditions as to the use and occupancy of the surface as are or may here- after be provided by law. (Oct. 2, 1917, c. 62, § 9, 40 Stat. 300.) 4. § 4640ii. Same; disposition of royalties and rentals—All moneys received from royalties and rent- als under the provisions of this Act, excepting those from Alaska, shall be paid into, reserved, and appro- priated as a part of the reclamation fund created by the Act of Congress approved June seventeenth, nine- teen hundred and two, known as the reclamation Act, but after use thereof in the construction of reclama- tion Works and upon return to the reclamation fund of any Such moneys in the manner provided by the rec- lamation Act and Acts amendatory thereof and Sup- plemental thereto, fifty per centum of the amounts de- rived from such royalties and rentals, so utilized in and returned to the reclamation fund shall be paid by the Secretary of the Treasury"after the expiration of each fiscal year to the State within the boundaries Of which the leased lands or deposits are Or Were locat- ed said moneys to be used by Such State or Subdivi- Sions thereof for the Construction and maintenance Of public roads Or for the Support of public Schools. (Oct. 2, 1917, c. 62, § 10, 40 Stat. 300.) § 4640j. Same; rules and regulations—The Secretary of the Interior is authorized to prescribe necessary and proper rules and regulations and to do any and all things necessary to Carry Out and accom- plish the purposes of this Act. (Oct. 2, 1917, c. 62, § 11, 40 Stat. 300.) § 4640jj. Same; deposits disposed of in ac- cordance with Aet; rights of states—The deposits herein referred to, in lands valuable for Such min- erals, shall be subject to disposition only in the form . and manner provided in this Act, except as to Valid claims existent at date of the passage Of this ACt and thereafter Imaintained in Compliance with the laws under which initiated, which claims may be perfect- ed under such laws: Provided, That nothing in this Act shall be GOnStrued Or-held to affect the rights– of the States or other local authority to exercise any rights which they may have to levy and collect taxes upon improvements, output of mines, or other rights, property, or assets of any lessee. (Oct. 2, 1917, C. 62, § 12, 40 Stat. 300.) § 4640k. Same; provision in leases for, reg- ulation of priee and disposition of minerals-- The Secretary of the Interior is hereby authorized and directed to incorporate in every lease issued un- der the provisions of this Act a provision reserving to the President the right to regulate the price of all mineral extracted and sold from the leased premises, which stipulation shall specifically provide that the price or prices fixed shall be such as to yield a fair and reasonable return to the lessee upon his invest- ment and to secure to the consumer any of such prod- ucts at the lowest price reasonable and consistent with the foregoing: Provided, That such lease issued un- der this Act shall also stipulate that the President shall have authority to so regulate the disposal of the potassium products produced under Such lease as to secure its distribution and use wholly Within the lim- its of the United States or its possessions. (Oct. 2, 1917, c. 62, § 13, 40 Stat. 300.) § 4641. Entry of saline lands under placer mining laws—All unoccupied public lands of the Unit- ed States containing salt springs, or deposits of Salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims: Provided, That the same person shall not lo- cate or enter more than one claim hereunder. (Jan. 31, 1901, c. 186, 31 Stat. 745.) Sale of saline lands, see § 4752. § 4642. surveyors of mining-claims—The sur- veyor-general of the United States may appoint in each land-district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining-claims. The expenses Of the survey. Of vein or Iode claims, and the survey and Subdivision of placer-claims into smaller quantities than one hun- dred and sixty acres, together with the cost of publi- cation of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to em: ploy any United States deputy Suryeyor to make the survey. The Commissioner of the General Land-Office shall also have power to establish the maximum charges for surveys and publication Of notices under this chapter; and, in case of excessive charges for publication, he may designate any newspaper publish- º 4643 (Tit. 32 TEIE PUBLIC LANDS ed in a land-district where mines are situated for the publication of mining-notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of 'all charges and fees paid by Such applicant for publication and surveys, together With all fees and money paid the register and the receiv- er of the land-office, which statement shall be trans- mitted, with the other papers in the case, to the Com- missioner of the General Land-Office. (R. S. § 2334.) § 4643. . vits required to be made under this Chapter may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly Certified by . the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land-office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the Opposing party ; Or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land-Office as published nearest to the location of Such land; and the register shall require proof that such notice has been given. (R. S. § 2335.) - See §§ 4616, 4617. § 4644. Intersecting or crossing veins—Where two or more veins intersect or Cross each other, prior- ity of title shall govern, and such prior location Shall be entitled to all ore or mineral contained within the space of intersection ; but the subsequent location shall have the right of way through the Space of in- tersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R. S. § 2336.) § 4645. Patents for non-mineral lands—Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such Vein Or lode for mining or milling purposes, such non-adjacent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, Subject to the same preliminary requirements as to Survey and no- tice as are applicable to Weins or lodes; but no loca- tion hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the Superficies of the lode. The OWner Of a quartZ- mill or reductićn-works, not owning a mine in con- Inection there with, may also receive a patent for his mill-site, as provided in this section. (R. S. § 2337.) § 4646. Conditions of sale by local legislature —As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and Other nec- essary means to their Complete development; and those conditions shall be fully expressed in the patent. (R. S. § 2338.) - § 4647. Vested rights to use of water for mining; right of way for canals—Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other pur- poses, have vested and accrued, and the same are rec- Ognized and acknowledged by the local Customs, laws, and the decisions Of COurts, the possessors and Own- ers of such vested rights shall be maintained and pro- tected in the same ; and the right of way for the con- struction of ditches and Canals for the purposes here- in specified is acknowledged and confirmed ; but when- ever any person, in the construction of any ditch or Canal, injures or damages the possession of any set- tler on the public domain, the party committing such [Page 702] Verifieation of affidavits—All affida- as other public lands. injury Or damage shall be liable to the party injured for such injury or damage. (R. S. § 2339.) § 4648. Rights subject to vested and accrued water-rights—All patents granted, Or pre-emption Or homesteads allowed, shall-be subject to any vested and accrued water-rights, or rights to ditches and reser- voirs used in connection with such water-rights, as may have been acquired under or recognized by the preceding section. (R. S. § 2340.) § 4649. Certain mineral lands open to home- steads—Wherever, upon the lands heretofore desig- nated as mineral lands, which have been excluded from Survey and sale, there have been homesteads made by citizens of the United States, or persons Who have declared their intention to become Citi- Zens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, Silver, ..Cinnabar, or copper discovered, and which are prop- erly agricultural lands, the settlers or owners of such homesteads shall have a right of pre-emption there- to, and shall be entitled to purchase the same at the price of One dollar and twenty-five cents per acre, and in quantity not to exceed One hundred and Sixty acres; Or they may avail themselves of the provisions Of chapter five of this Title, relating to “Homesteads.” (R. S. § 2341.) § 4650. Mineral lands set apart as agricul- tural lands—Upon the survey of the lands described in the preceding section, the Secretary of the Interior may designate and set apart such portions Of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as Oth- er public lands, and be subject to all the laws and regulations applicable to the same. (R. S. § 2342.) § 4651. Additional land districts and officers— The President is authorized to establish additional land-districts, and to appoint the necessary Officers under existing laws, wherever he may deem the same necessary for the public Convenience in executing the provisions of this chapter. (R. S. § 2343.) § 4652. Provisions of chapter not to affect certain rights—Nothing Contained in this Chapter shall be construed to impair, in any Way, rightS Or interests in mining property acquired under existing laws; nor to affect the provisions of the act entitled “An act granting to A. Sutro the right Of Way and Oth- er privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada,” approved July twenty-five, eighteen hundred and sixty-six. (R. S. § 2344.) § 4653. Lands in certain States excepted- The provisions of the preceding sections of this Chap- ter shall not apply to the mineral lands situated in the States Of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like man- ner as before the tenth day of May, eighteen hundred and seventy-two. And any bona-fide entries of Such lands within the States named since the tenth day of May, eighteen hundred and seventy-two, may be pat- ented without reference to any of the foregoing pro- visions of this chapter. Such lands shall be offered for public sale in the same manner, at the same mini- mum price, and under the same rights of pre-emption (R. S. § 2345.) § 4654. Lands in Missouri and Kansas; dis- posal as agricultural lands—Within the States Of Missouri and Kansas deposits of coal, iron, lead, Or other mineral be, and they are hereby, excluded from the operation of the act entitled “An act to promote the development of mining resources of the United States” approved May tenth, eighteen hundred and seventy-two and all lands in said States shall be sub- ject to disposal as agricultural lands. (May 5, 1876, c. 91, 19 Stat. 52.) - See §§ 4614-4616, 4618-4620, 4622, 4623, 4626, 4627, 4630, 4682, 4642-4645, 4652. - Ch. 6) 3 4665 THE PUBLIC LANDS [Page 7031 § 4655. Lands in Alabama; disposal as agri- cultural lands—Within the State of Alabama all pub- lic lands, whether mineral or otherwise, shall be sub- ject to disposal Only as agricultural lands: Provid- ed however, that all lands which have heretofore been reported to the General Land Office as containing Coal and iron shall first be offered at public sale. (March 3, 1883, c. 118, 22 Stat. 487.) - § 4656. Same; reclassification as agricultural or mineral lands—The Secretary of the Interior be, and he is hereby, authorized to reclassify the public lands of Alabama, so as to determine which of said lands are in fact agricultural lands and which min- eral lands, and to decide which of Said lands should be subject to homestead entry, and to that end he is hereby authorized and empowered to employ such ex- pert mineralogist, assayists, and civil engineers as Imay be necessary to designate and survey said min- eral and agricultural lands. (March 27, 1906, C. 1347, § 1, 34 Stat. S8.) § 4657. Lands designated as agricultural sub- ject to homestead entry—Upon receipt of the re- port of the parties designated to make such classifi- Cation, all lands designated thereby as agricultural Shall be subject to homestead entry as such. (March 27, 1906, c. 1347, § 2, 34 Stat. 88.) - § 4658. Grants to States or corporations not –to–include mineral lands=No act passed at the first Session. Of the Thirty-eighth Congress, granting lands to States or Corporations to aid in the Construction Of roads or for other purposes, or to extend the time Of grants made prior to the thirtieth day of Jan- uary, eighteen hundred and sixty-five, shall be so con- Strued as to embrace mineral lands, which in all Cases are reserved exclusively to the United States, unless Otherwise Specially provided in the act Or acts making the grant. (R. S. § 2346.) § 4659. Coal-lands; entry—Every person above the age of twenty-One years, who is a Citizen of the |United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the regis- ter of the proper land-Office, have the right to enter, by legal Subdivisions, any quantity Of Vacant Coal- lands of the United States not Otherwise appropriated Or reserved by Competent authority, not exceeding One hundred and sixty acres to such individual per- SOn, Or three hundred and twenty acres to Such as- SOCiation, upon payment to the receiver Of not leSS than ten dollars per acre for such lands, where the Same Shall be . Situated mOre than fifteen miles from any Completed railroad,” and not less than twenty dol- lars per acre for Such lands as shall be within fifteen miles of such road. (R. S. § 2347.) This section and §§ 4660–4664 extended to Alaska by § 5070. § 4660. Same; pre-emption—Any person or as- Sociation of persons severally qualified, as above pro- Vided, Who have Opened and improved, or shall here- after Open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference-right of en- try, under the preceding Section, of the mines so Opened and improved: Provided, That when any as- SOciation of not less than four persons, severally Qualified as above provided, shall have expended not less than five thousand dollars in working and improv- ing any Such mine or mines, such association may en- ter not exceeding six hundred and forty acres, in- cluding such mining improvements. (R. S. § 2348.) § 4661. Same; presentation of pre-emption claims—All claims under the preceding section must be presented to the register of the proper land-dis- trict within Sixty days after the date of actual pos- SeSSion and the Commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements Shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the pro- visions Of this section shall be allowed until the ex- piration of six months from the third day of March, eighteen hundred and seventy-three. (R. S. § 2349.) § 4662. Same; one entry only—The three pre- ceding sections shall be held to authorize Only One entry by the same person or association of persons; and no association of persons any member of Which shall have taken the benefit of such sections, either as an individual or as a member of any other asso- ciation, shall enter or hold any other lands under the provisions thereof; and no member Of almy ass0Ci- ation which shall have taken the benefit of Such sections shall enter or hold any other lands under their provisions; and all persons claiming UInder Sec- tion twenty-three hundred and forty-eight shall be required to prove their respective rights and pay for the lands filed upon within One year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall -be-subject to entry by any other qualified applicant. (R. S. § 2350.) § 4663. Same; conflicting claims-In Case Of conflicting claims upon coal-lands where the improve: ments shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and improvement, followed by proper fil- ing and continued good faith, shall determine the pref- erence-right to purchase. And also Where improve- ments have already been made prior to the third day of March, eighteen hundred and Seventy-three, di- vision of the land claimed may be made by legal subdivisions, to include, as near as may be, the Val- uable improvements of the respective parties. The Commissioner of the General Land-Office is authorized to issue all needful rules and regulations for Carry- ing into effect the provisions of this and the four pre- ceding sections. (R. S. § 2351.) p § 4664. Same; rights reserved—Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands Valua- ble for mines of gold, silver, or Copper. (R. S. § 2352.) § 4665. Same; rights of entrymen of lands subsequently elassified as coal lands; disposal of coal deposits—Any person who has in good faith 10- cated, selected, or entered under the nonmineral land laws of the United States any lands which subsequent- ly are classified, claimed, or reported as being Valua- ble for coal, may, if he shall So elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shall contain a reservation to the Unit- ed States of all coal in said lands, and the right to prospect for, mine, and remove the same. The Coal deposits in such lands Shall be subject to disposal by the United States in accordance With the provisions Of the coal-land laws in force at the time Of Such dis- posal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the OWner under Such patent, except upon such conditions as to security for and payment of all damages to such OWner caused thereby as may be determined by a Court of com- petent jurisdiction: Provided, That the owner un- der such patent shall have the right to mine Coal for use on the land for domestic purposes prior to the disposal by the United States Of the Coal deposit: Provided further, That nothing herein contained shall be held to affect Or abridge the right Of any locator, 3 4665a (Tit. 32 THE PUBLIC LANDS [Page 704] - Selector, or entryman to a hearing for the purpose of determining the character of the land located, Se- lected, or entered by him. Such locator, selector or entryman who has heretofore made or shall hereafter make final proof showing good faith and Satisfactory Compliance with the law under which his land is claimed shall be entitled to a patent without reserva- tion unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal. (March 3, 1909, c. 270, 35 Stat. 844.) § 4665a. Same; new or supplemental patents, in case of lands subsequently classified as noncoal —That the Secretary of the Interior be, and he is here- by, authorized and directed in cases where patents for public lands have been issued to entrymen under the provisions of the Acts of Congress approved March third, nineteen hundred and nine, and June tWenty- second, nineteen hundred and ten, reserving to the United States all coal deposits therein, and lands SO patented are Subsequently classified as noncoal in Char- acter, to issue new or Supplemental patents With Out such reservation. (April 14, 1914, c. 55, 38 Stat. 335.) See §§ 4665, 4668. • § 4666. Same; homestead or desert-Hand en- tries under Carey Act—From and after the passage Of this Act unreserved public lands of the United States exclusive of Alaska which have been withdrawn Or Classified as coal lands, or are valuable for Coal, Shall be Subject to appropriate entry under the home- Stead laws by actual settlers only, the desert-land law, to Selection under Section four of the Act approved August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and to Withdrawal under the Act approved June seventeenth, nineteen hundred and tWO, known as the Reclamation Act, Whenever Such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reserva- tion to the United States Of the Coal in Such lands and of the right to prospect for, mine, and remove the same. But no desert entry made under the provi- sions of this Act shall contain more than One hun- dred and sixty acres, and all homestead entries made hereunder shall be subject to the conditions, as to res- idence and cultivation, of entries under the Act ap- proved February nineteenth, nineteen hundred and ine, entitled “An Act to provide for an enlarged homestead :” Provided, That those who have initiated non-mineral entries, selections, or locations in good faith, prior to the passage of this Act, on lands With- drawn or classified as Coal lands may perfect the Same under the provisions of the laws under Which said entries were made, but shall receive the limited pat- ent provided for in this Act. (June 22, 1910, c. 318, § 1, 36 Stat. 583.) Desert Land Law, see §§ 4674-4680; Carey Act, § 4685; Reclamation Act, see §§ 4700-4708. Act Feb. 19, 1909, c. 160, See §§ 4563-4568. § 4667. Same; applications for entry under act-Any person desiring to make entry under the homestead laws or the desert-land law, any State de- siring to make Selection under section four of the Act of August eighteenth, eighteen hundred and ninety- four, known as the Carey Act, and the Secretary of the Interior in Withdrawing under the Reclamation Act lands Classified as coal lands, or valuable for Coal, With a view. Of Securing or passing title to the same in accordance with the provisions of said Acts, shall State in the application for entry, selection, or notice of withdrawal that the same is made in ac- Cordance with and Subject to the provisions and res- ervations of this Act. (June 22, 1910, c. 318, § 2, 36 Stat. 584.) § 4668. Patents for lands, with reservation of coal; disposal of coal deposits—Upon satisfac- tory proof of full compliance with the provisions of the laws under which entry is made, and of this Act, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands SO patented, together with the right to prospect for, mine, and remove the same. The coal deposits in Such lands shall be subject to disposal by the United States in accordance with the provisions of the Coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by this Act, for the purpose of proSpect- ing for coal thereon upon the approval by the Secre- tary of the Interior of a bond or undertaking to be filed with him as Security for the payment of all damages to the crops and improvements On Such lands by reason of such prospecting. Any perSOn Who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, may reenter and occupy so much of the Surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal there- from, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any Competent Court to as- certain and fix said damages: Provided, That the OWn- er under such limited patent shall have the right to mine coal for use upon the land for domestic pur- poses at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing herein contained shall be held to deny or abridge the right to present and have prompt Con- sideration of applications to locate, enter, Or select, under the land iaws of the United States, lands Whigh have been classified as coal lands with a View Of dis- proving such classification and securing a patent With- out reservation. (June 22, 1910, c. 318, § 8, 36 Stat. 584.) § 4668a. Disposition of lands in Indian reser- vations with reservation of coal; examination and appraisal of lands—In any Indian reservation heretofore or hereafter opened to settlement and entry pursuant to a classification of the surplus lands there- in as mineral and nonmineral, such surplus lands not otherwise reserved or disposed of, Which have been or may be withdrawn or classified as Coal lands or are valuable for coal deposits, shall be subject to the same disposition as is or may be prescribed by law for the nonmineral lands in Such reservation whenever proper application shall be made With a view of obtaining title to such lands, With a reserva- tion to the United States of the coal deposits therein and of the right to prospect for, mille, and remove the same: Provided, That such surplus lands, prior to any disposition hereunder, shall be examined, Sep- arated into classes the same as are the nonmineral lands in such reservations, and appraised as to their value, exclusive of the coal deposits therein, under such rules and regulations as shall be prescribed by the Secretary of the Interior for that purpose. (Feb. 27, 1917, c. 133, § 1, 39 Stat. 944.) Proclamations issued under this Section: March 21, 1917, relating to entries on coal lands Within Fort Peck Indian Reservation, Montana. April 6, 1917, relating to entries on coal lands within Crow Indian Reservation, Montana. April 27, 1917, entries on coal lands within Fort Peck In- dian Reservation, MOntana. March 14, 1918, entries on coal lands within Fort Peck Indian Reservation, Montana. º § 4668b. Same; statements in application; patents—Any applicant for Such lands shall State in his application that the same is made in accord- ance with and subject to the provisions and reserva- tions of this Act, and upon submission of Satisfactory proof of full compliance with the provisions of law under which application or entry is made and of this Act shall be entitled to a patent to the lands ap- plied for and entered by him, which patent shall con- tain a reservation to the United States Of all the coal deposits in the lands so patented, together with Ch. 6A) 3 4672 THE PUBLIC LANDS the right to prospect for, mine, and remove the same. (Feb. 27, 1917, c. 133, § 2, 39 Stat. 945.) § 46.68c. Same; disposition by United States of coal-If the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein shall be subject to disposal by the United States in accordance With the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the Coal under the laws of the United States shall have the right at all times to enter upon the lands applied for, entered, or patented under this Act for the purpose of prospecting for Coal thereon, if such Coal deposits are then subject to disposition, upon the approval by the Secretary Of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the Crops and improvements On Such lands by reason of such prospecting. Any person who has acquired from the United States the Coal deposits in any Such lands, Or the right to mine Or remove the same, may reenter and occupy so much of the Surface thereof as may be required for all purposes reason- ably incident to the mining and removal Of the COal therefrom, and mine and remove the COal, upon pay- ment Of the damages Caused thereby to the OWner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent COurt to ascertain and fix Said damages: Provided, That the owner under such limited patent shall have the right to mine Coal for personal use upon the land for domestic purposes at any time prior to the dis- posal by the United States of the coal deposits: Pro- vided further, That nothing herein Contained shall be held to deny or abridge the right to present and have prompt consideration of applications made under the applicable land laws of the United States for any such surplus lands Which have been or may be classi- fied as coal lands with a view of disproving such classification and securing a patent without reserva. tion. (Feb. 27, 1917, c. 133, § 3, 39 Stat. 945.) § 4668d. Same; disposition of proceeds—The net proceeds derived from the sale and entry of such surplus lands in Conformity with the provisions of this Act shall be paid into the Treasury of the United States to the Credit Of the same fund under the same Conditions and limitations as are or may be prescribed by law for the disposition of the proceeds arising from the disposal of other surplus lands in such Indian reservation: Provided, That the provisions of this Act Shall not apply to the lands Of the Five Civiliz- ed Tribes of Indians in Oklahoma. (Feb. 27, 1917, c. 133, § 4, 39 Stat. 945.) - § 4669. Selection of coal lands by States; sale in isolated or disconnected tracts—From and after the passage of this Act unreserved public lands Of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands or are Valuable for Coal shall, in addition to the classes of entries or filings described in the Act of Congress ap- proVed June tWenty-Second, nineteen hundred and ten, entitled “An Act to provide for agricultural en- tries on Coal lands,” he subject to selection by the Several States within whose limits the lands are Situate, under grants made by Congress, and to dis- position, in the discretion of the Secretary of the In- terior, under the laws providing for the Sale of iso- lated or disconnected tracts of public lands, but there Shall be a reservation to the United States of the Coal in all Such lands SO Selected or sold and of the right to prospect for, mine, and remove the same in aCCOrdance With the provisions of said Act of June tWenty-Second, nineteen hundred and ten, and such lands shall be subject to all the conditions and limi- tations of said Act. (April 30, 1912, c. 99, 37 Stat. 105.) See § 5110. COMP.ST.’18–45 [Page 705] § 4670. Coal lands in Alabama opened to agricultural entry—Unreserved public lands contain- ing Coal deposits in the State of Alabama which are now being Withheld from homestead entry under the provisions of the Act entitled “An Act to exclude the public lands in Alabama from the operations of the laws relating to mineral lands,” approved March third, eighteen hundred and eighty-three, may be entered under the homestead laws of the United States Sub- ject to the provisions, terms, conditions, and limita- tions prescribed in the Act entitled “An Act to pro- Wide for agricultural entries on coal lands,” approv- ed June twenty-second, nineteen hundred and ten. (April 23, 1912, c. 87, 37 Stat. 90.) See §§ 4655-4668. Chapter Six A–Timber and Stone Lands % Sec. 4671. Sale. 4672. Applications for purchase; false swearing. 4673. sº publication; proofs; entry and patent; regula- 1OIlS. § 4671. Sale—Surveyed public lands of the United States within the public land States, not in- Cluded within military, Indian, or other reservations Of the United States, valuable chiefly for timber, but – unfit—for Cultivation, and—which have not been offered at public Sale according to law, may be sold to Citi- zens of the United States, or persons who have de- Clared their intention to become such, in quantities not exceeding one hundred and sixty acres to any One person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona- fide claim under any law of the United States, or authorize the sale of any mining claim, or the im- provements of any bona-fide settler, or lands contain- ing gold, silver, cinnabar, copper, or coal, or lands Selected by the said States under any law of the United States donating lands for internal improve- ments, education, or other purposes: And provided further, That none of the rights Conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled “An act granting the right of way to ditch and Canal owners Over the public lands, and for other purposes,” shall be abrogated by this act; and all patents granted shall be subject to any Wested and accrued water rights, or rights to ditches and reservoirs used in Connection With Such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be ex- pressly reserved in any patent issued under this act. (June 3, 1878, c. 151, § 1, 20 Stat. 89, amended, Aug. 4, 1892, c. 375, § 2, 27 Stat. 348.) § 4672. Applications for purchase; false swearing—Any person desiring to avail himself of the provisions Of this act shali file with the register of the proper district a written statement in dupli- cate, one of which is to be transmitted to the Gen- eral Land Office, designating by legal Subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable Chiefly for its timber or Stone; that it . is uninhabited; contains no mining or other im- provements, except for ditch or canal purposes, where any such do exist, Save Such as were made by or belong to the applicant, nor, as deponent verily be- lieves, any Valuable deposit of gold, silver, cinnabar, Copper, Or Coal; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his OWn exclusive use, and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, With any person or persons whatsoever, by 3. 4673 (Tit. 32 THE PUBLIC LANDS [Page 7061 which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person' ex- Cept himself; which statement must be verified by the oath of the applicant before the register or the receiver Of the land-Office within the district. Where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject, to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the Same; and any grant or COnveyance which he may have made, except in the hands of bona-fide pur- chasers, shall be null and void. (June 3, 1878, c. 151, § 2, 20 Stat. 89.) § 4673. Same; publication; proofs; entry and patent; regulationis—Upon the filing of said Statement, as provided in the second section of this act, the register of the land office shall post a notice of such application, embracing a description of the land' by Hegal Subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land-office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, ei- ther mining or agricultural, and that . it apparently contains no valuable deposits of gold, silver, cinna- bar, Copper, or coal; and upon payment to the proper officer of the purchase-money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section of the act approved May tenth, eighteen hun- dred and seventy-two, the applicant may be permit- ted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent Shall issue thereon: Provided, That any person having a valid claim to any por- tion of the land may Object, in Writing, to the iS- suance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the Officers Of the land-Office, Sub- ject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office. (June 3, 1878, c. 151, § 3, 20 Stat. 90.) See § 4642. Chapter Six B–Desert and Arid Lands, and Irrigation and Reclamation Sec. T) ESERT LANDS 4674. Sale; use of water; declaration; patent. 4675. Desert lands defined. 4676. States in which act to apply. 4677. Filing irrigation plan. 4678. Expenditures and cultivation; patent. 4678a. Same; requirements suspended as to persons in mili- tary or naval service during war with Germany. 4679. Issue of patent on making proofs; limit of holding. 4680. Act to apply in Colorado; resident citizens only entitled to enter. 4681. Entries restricted to surveyed lands; sons in possession. preference of per- 4682. Assignments of entries. 4683. Time to complete irrigation Works and make final proofs; extension. 4684. Same; further extension; affidavit. 4684a. Same; further extension on showing of compliance with requirements and prospect of making final proof. 4684b. Entries, after reclamation expenditures perfected as . homestead entries. Sec. - 4684c. Election to perfect entry by payment and proof of im- pºnents and use for agricultural purposes; final proof. 4684cc. Entries by applicants having made enlarged home- stead entries. 4684cc.c. Provisions of §§ 4684a–4684c, extended. 4684d. Springs, streams, and water holes on arid public lands; discovery and development. :::::: Same; injuring signposts, or filling up or fouling. 84f. Same; rules and régulations. GRANT'S OF DESERT LANDS TO . STATES FOR RECLA- - MATION (THE CAREY ACT) 4685. (1) Contracts with public-land States for donation of i arid lands. (2) Map ; regulations for reservation. (3) Contract for reclamation and settlement. (4) Patents to States or assigns; limit to one person; funds from Sale. Liens for expenses of . reclarmation. restoration to public do- 4686. 4687. Time limit for reclamation; main. 4688. Additional arid lands available to Idaho for reclamation. 4689. Additional arid lands available to Idaho and Wyoming for reclamation. * 4690. Provisions for grants to states for reclamation extended - to New Mexico and Arizona. .* '4691. Additional apid lands available to Nevada for reclama- - tion. t º 4692. Additional arid lands available to Colorado for reclama- tion. * - 4693. Provisions for grants to States for reclamation extended 3. to desert lands within part of former Ute Indian Res- ervation in Colorado. 4694. Restriction of lands to be included under provisions Of act. 4694a. Extension of time of segregation in Oregon Carey Act segregation lists. 4695. Temporary withdrawal from settlement or entry. STATE, IRRIGATION DISTRICTS INCLUDING PUBLIC LANTDS 4695a. Public entered lands and lands subject to entry within state irrigation districts subject to state laws. 4695b. Apportionment of cost of construction of canals or - ditches. r 4695c. Maps, plats, and plans of districts. 4695d. Entry of approval of maps on records 4695e. Sale for taxes and assessments. 4695f. Patent to purchasers or assigns. 4695g. Notices required delivered to registers and receivers. 4695h. Disposition of money from Sale. RECLA MATION OF ARID Hºps BY THE UNITED STATE * 4696. Surveys in arid regions; reservations for reservoir sites; homestead entries. 4697. Repeal in part of Act Oct. 2, 1888, c. 1069; entries; res- ervation of reservoir sites. .. 4698. Reservoir sites; only necessary land included. 4699. Same; open to use for right of way; occupancy and control by States. 4700. Reclamation fund; deficiency in fund for support of ag- ricultural colleges. - 4701. Surveys for and location and construction of irrigation WorkS. Withdrawal of lands for irrigation; homestead laws. notice of lands irriga- 4702. 4703. Contracts for irrigation works; - ble. 4704. Requirements of entryman; sale of water rights. 4704a. Residence on private lands or Within neighborhood to secure water for irrigation. 4705. Use of reclamation fund for reservoirs and irrigation works; transfer of management of works to landown- €I’S. 4706. Acquisition of rights or property; condemnation pro- ceedingS. - 4707. Irrigation laws of States and Territories; rights to wa- ters of interstate streams; use of Water acquired. 4708. Execution of provisions of act and regulations therefor. 4709. Reclamation Act extended to Texas. 4710. Advances to reclamation fund from Treasury; gate amount. 4711. Same; certificates of indebtedness. aggre- 4712. Same; repayment. 4712a. Same; repayment. 4713. Same; use of; beginning other projects. Amiga. payments of 'construction charges by entryman. : • 4713aa. Money received or refunded in connection With oper- ations credited to appropriaticn. 4713b. Payments where land or entry was previously subject to law; installments. 4713c. Construction charges; penalties for failure to pay in- stallments. 4713d. Same; increase made only by agreement With major- ity of applicants and entrymen affected. 4713e. Payment of operation and maintenance charges by en- trymen; transfer to water users’ association or irri- gation district. - 4713f. Same; penalties for failure to pay. 4718g. Association or irrigation district as fiscal agent. Ch. 6B) * THE PUBLIC LANDS 3 4678 [Page 707] Sec. 4713h. Regulations of use of water; reclamation and culti- Vation of irrigable area. 4713i. Increase of construction charges for certain lands. 4714. Entries of lands reserved for irrigation, when made; lands relinquished subject to settlement and entry. 4714a. Charges for water service prior to notice of construc- tion charges. 4714b. Private lands within projects; disposal of excess. 4714c. Entries under projects in excess of one farm unit. 4714d. Acceptance of act; time for filing notice of. 4714e. Acts and regulations for carrying act into effect. 4714f. Expenditures made only out of annual appropriations; estimates. 4714g. Work or expenditure beyond construction charge fixed by public notice. 4714h. Relinquishment of homestead entry of land withdrawn from project; entry in lieu thereof. 4715. Withdrawal from entry of townsites; survey and sub- division. 4716. Same; appraisement and sale of lots. 4717. Same; reservations in. 4718. Same; water rights for towns and cities; 4719. Lease of surplus water power. charges. 4719a. Withdrawal and reservation of tracts for parks, play- grounds, and community centers. 4719b. Same; water service. 4719C. Same; contract to maintain and use lands reserved for purposes prescribed. 4719d. Same; disposition of lands not contracted for. 4720. Subdivision of lands into lesser areas than forty acres; farm units. 4721. Other entry allowed, on relinquishment of former entry. 4722. Disposal of town-sites previously set apart. 4723. Rights of settlers on town-sites. drawal or irrigation project. 4725. Reappraisement of unsold lots in town sites. 4726. Manner of payment for town lots. - 4727. Assignment of completed homestead entries within proj- ects; patents. 4728. Patents to homestead entrymen within projects; final Water-right certificates. 4729. Reservation in patents and water-right certificates of lien for sums due or to become due. 4730. Certificate of final payment; limitation of amount of land -acquired or held by one person. 4731. Appointment of agents to receive payments due on en- tries or water rights. 4/32. Jurisdiction of district courts to enforce act. 4732a. Provisions of Act June 23, 1910, c. 357, and Act Aug. 9, 1912, c. 278, extended to Flathead irrigation project; to include sums due. Assignment of desert-land entries within projects. Patents to desert-land entrymen within projects; required. Entry for farm unit on lands withdrawn. 4735. Leaves of absence to homestead entrymen. - 4736. Homestead entries made prior to June 25, 1910, within projects not subject to contest. - 4737. Withdrawal of notices of lands irrigable. 4738. Contracts for excess storage or carrying capacity with irrigation systems under Carey Act, for distribution of Water to individual users. 4739. Co-operation with irrigation districts or water users, for construction or use of reservoirs or canals. 4740. Pººls of contracts to be covered into reclamation liſld. 4741. Use of earth, stone, and timber from public lands and forest reserves. 4742. Disposition of proceeds of sales of material and other - property. 4743. Expenditure from reclamation fund for rent of offices. 4744. Purchase of books needed in surveys and examir,ations. Assignments of pay by employés of Reclamation Serv- proof - ICe, 4746. Sale of lands acquired; appraisement; notice. 4747. Same; conveyance to purchaser; limitation of amount. 4748. Same; proceeds covered into reclamation fund and Credited to project. 4749. Change of levels of lakes in Oregon and California. 4750. Construction of dams in Or across Yellowstone River in Montana. DESERT LANDS § 4674. Sale; use of water; declaration; pat- ent—It shall be lawful for any citizen of the Unit- ed States, or any person of requisite age “who may be entitled to become a Citizen, and who has filed his declaration to become such” and upon payment of twenty five cents per acre—to file a declaration under Oath with the register and the receiver" of the land district in which any desert land is situated, that he intends to reclaim a tract Of desert land not exceeding One Section, by COnducting water upon the same, within the period. Of three years there- after. Provided however that the right to the use of Water by the person so conducting the same, on ... Desert-land entries--within--exterior limits-of-land with--- Or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior ap- propriation: and such right shall not exceed the amount of water actually appropriated, and neces- Sarily used for the purpose of irrigation and recla- mation: and all surplus water over and above such actual appropriation and use, together with the wa- ter Of all lakes, rivers and other sources of water Supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manu- facturing purposes subject to existing rights. Said declaration shall describe particularly said section Of land if Surveyed, and, if unsurveyed, shall de- Scribe the same as nearly as possible without a Survey. At any time within the period of three years after filing Said declaration, upon making satisfac- tory proof to the register and receiver of the reclama- tion of said tract of land in the manner aforesaid, and upon the payment of the receiver of the addi- tional sum. Of One dollar per acre for a tract of land not exceeding Six hundred and forty acres to any One perSOn, a patent for the same shall be issued to him. Provided, that no person shall be permitted to enter more than One tract of land and not to eXceed six hundred and forty acres which shall be in Compact form. (March 3, 1877, c. 107, § 1, 19 Stat.-377.)-- § 4675. Desert Hands defined—All lands exclu- Sive of timber lands and mineral lands which will In Ot, Without irrigation, produce some agricultural CrOp, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof Of two or more credible witnesses under Oath, Whose affidavits shall be filed in the land office in which said tract of land may be situated. (March 3, 1877, c. 107, § 2, 19 Stat. 377.) § 4676. States in which act to apply—This act . Shall Only apply to and take effect in the States of California, Oregon and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Ari- ZOna, New Mexico and Dakota, and the determination Of what may be considered desert land shall be sub- ject to the decision and regulation of the Commission- er of the General Land Office. (March 3, 1877, c. 107, § 3, 19 Stat. 377.) § 4677. Filing irrigation plan—At the time of filing the declaration hereinbefore required the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irri- gate and reclaim said land, and prepare it to raise Ordinary agricultural crops, and shall also show the SOurce of the water to be used for irrigation and rec- lamation. Persons entering or proposing to enter sep- arate Sections, or fractional parts of sections, of des- ert lands, may associate together in the construc- tion of Canals and ditches for irrigating and reclaim- ing all of said tracts, and may file a joint map or maps showing their plan of internal improvements. (March 3, 1877, c. 107, § 4, added, March 3, 1891, c. 561, § 2, 26 Stat. 1096.) § 4678. Expenditures and cultivation; patezat —No land shall be patented to any person under this act unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main Canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and patented in the manner following: Within One year after making entry for Such tract Of desert land as aforesaid the party so entering shall expend not less than one dollar per acre for the pur- poses aforesaid: and he shall in like manner expend the sum of One dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year with the register 3 4678a. (Tit. 32 THE PUBLIC LANDS *3. [Page 708] proof, by the affidavits of two or more credible wit- nesses, that the full sum of One dollar per acre has been expended in such necessary improvements dur- ing such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of Such improve- ments. If any party who has made such application shall fail during any year to file the testimony afore- said the lands shall revert to the United States, and the twenty-five cents advanced payment shall be for- feited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore pre- scribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre: Provided, That proof be further re- quired of the cultivation of one-eighth of the land. (March 3, 1877, c. 107, § 5, added, March 3, 1891, c. 561, § 2, 26 Stat. 1096.) - § 4678a. Same; requirements suspended as to Dersons in military or naval service during war with Germany—No desert-land entry made or held under the provisions of the Act of March third, eight- een hundred and seventy-seven, as amended by the Act of March third, eighteen hundred and ninety-one, by an officer or enlisted man in the Army, Navy, Ma- rine Corps, or Organized Militia of the United States shall be subject to contest or cancellation for failure to make or expend the sum of $1 per acre per year in improvements upon such claim, or to effect the rec- lamation thereof, during the period said entryman or his successor in interest is engaged in the military service of the United States during the present war with Germany, and until six months thereafter, and the time within which Such entryman or claimant is required to make such expenditures and effect recla- mation of the land shall be, exclusive of the time of his actual service in the Army, Navy, Marine Corps, or Organized Militia of the United States: Provided, That said desert-land entry shall have been made by the said officer or enlisted man prior to his enlistment: Provided further, That each such entryman or claim- ant shall, within six months after the passage of this Act, or within six months after he is mustered into the Service, file in the local land Office of the district wherein his claim is situate a notice of his muster into the service of the United States and of his desire to hold said desert claim under this Act: Provided further, That the term “enlisted man,” as used in this Section Shall include any person selected to serve in the military forces of the United States as provided by the Act entitled “An Act authorizing the President to increase temporarily the Military Establishment of the United States,” approved May eighteenth, nine- teen hundred and seventeen. (Aug. 7, 1917, c. 48, 40 Stat. 250.) § 4679. Issue of patent on making proofs; limit of holding—At any time after filing the decla- ration, and within the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and Cultivation of said land to the extent and cost and in the manner afore- said, and Substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the ağditional sum of One dollar per acre for said land, a patent shall issue therefore to the applicant or his assigns; but no person or association of persons shall hold by assignment or otherwise prior to the is- Sue of patent, more than three hundred and twenty acres of such arid or desert lands but this section shall not apply to entries made or initiated prior to the ap- proval of this act. Provided, however, That additional proofs may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding act shall be subject to contest, as provided by the law, relating to homestead Cases, for illegal inception, abandonment, or failure to comply with the requirements of law, and upon sat- isfactory proof thereof shall be canceled, and the lands, and moneys paid therefor, shall be forfeited to the United States. (March 3, 1877, c. 107, § 7, added, March 3, 1891, c. 561, § 2, 26 Stat. 1096.) § 4680. Act to apply in Colorado; resident citizens only entitled to enter—The provisions Of the act to which this is an amendment, and the amend- ments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident Citi- zen of the State or Territory in which the land sought to be entered is located. (March 3, 1877, c. 107, § 8, added, March 3, 1891, c. 561, § 2, 26 Stat. 1096.) § 4681. Entries restricted to surveyed lands; preference of persons in possession—From and aft- er the passage of this Act the right to make entry of desert lands under the provisions of the Act approv- ed March third, eighteen hundred and seventy-seven, entitled “An Act to provide for the sale of desert lands in certain States and Territories,” as amended by the Act approved March third, eighteen hundred and ninety-One, entitled “An Act to repeal timber-culture laws, and for other purposes,” shall be restricted to surveyed public lands of the character Contemplated by said Acts, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, how- ever, That any individual qualified to make entry of desert lands under said Acts who has, prior to Sur- vey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed Or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such traet under said Acts, in conformity With the public land surveys, within ninety days after the filing of the approved plat of survey in the district land Of- fice. (March 28, 1908, c. 112, § 1, 35 Stat. 52.) See §§ 4674–4680. - § 4682. Assignments of entries—From and aft- er the date of the passage of this Act no assignment of an entry made under said Acts shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said Acts of the land covered by the assigned entry, and such assign- ments may include all or part of an entry; but no assignment to or for the benefit Of any COrporation Or association shall be authorized or recognized. (March 28, 1908, c. 112, § 2, 35 Stat. 52.) § 4683. Time to complete irrigation works and make final proofs; extension—Any entryman under the above Acts who shall show to the satisfac- tion of the Commissioner of the General Land Office that he has in good faith complied with the terms, re- quirements, and provisions of said Acts, but that be- cause of some unavoidable delay in the construction of the irrigating works, intended to convey Water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said Acts, shall, upon filing his corroborated affidavit with the land Office in Which said land is located, setting forth said facts, be allow- ed an additional period of not to exceed three years, Within the discretion of the Commissioner Of the Gen- eral Land Office, within which to furnish proof as required by said Acts of the completion of Said Work. (March 28, 1908, c. 112, § 3, 35 Stat. 52.) i § 4684. Same; further extension; affidavit— The Secretary of the Interior may, in his discretion, in addition to the extension authorized by existing law, grant to any entryman inder the desert-land laws a further extension of the time within which he is required to make final proof: Provided, That such entryman shall, by his corroborated affidavit filed in the land office of the district where such land is lo- cated, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of irrigation works intended to convey Water to the land Ch. 6B) 3 4685 (1) THE PUBLIC LANDS IPage 709] embraced in his entry he is, without fault on his part, unable to make proof of the reclamation and culti- Vation of said lands as required by law within the time limited therefor; but such extension shall not be granted for a period of more than three years, and this Act shall not affect contests initiated for a valid existing reason: Provided, That the total extension Of the statutory period for making final proof that may be allowed in any one case under this Act, and any Other existing statutes of either general or local application, shall be limited to six years in the ag- gregate. (April 30, 1912, c. 101, 37 Stat. 106.) § 4684a. Same; further extension on show- ing of compliance with requirements and pros- pect of making final proof–The Secretary of the Interior may, in his discretion, extend the time with- in Which final proof is required to be submitted upon any lawful pending desert-land entry made prior to July first, nineteen hundred and fourteen, such ex- tension not to exceed three years from the date of al- 10Wance thereof: Provided, That the entryman or his duly qualified assignee has, in good faith, complied With the requirements of law as to yearly expendi- tures and proof thereof, and shall show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that, if the extension is granted, he will be able to make the final proof of reclamation, irrigation, and cultiva- tion required by law: Provided further, That the foregoing shall apply only to cases wherein an exten- SiOn Or further extension of time may not proper- ly be allowed under existing law. (March 4, 1915, c. 147, § 5, 38 Stat. 1161.) § 4684b. Entries, after reclamation expendi- tures perfected as homestead entries—Where it Shall be made to appear to the satisfaction of the Secretary of the Interior, under rules and regulations to be prescribed by him, with reference to any law- ful pending desert-land entry made prior to July first, nineteen hundred and fourteen, under which the en- tryman or his duly qualified assignee under an as- Signment made prior to the date of this Act, has, in good faith, expended the sum of $3 per acre in the attempt to effect reclamation Of the land, that there is no reasonable prospect that, if the extension allow- ed by this Act Or any existing law were granted, he WOuld be able to Secure Water Sufficient to effect rec- lamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior lmay, in his discretion, allow such entryman or assignee five years from notice within which to perfect the entry in the manner required Of a homestead entry- man. (March 4, 1915, c. 147, § 5, 38 Stat. 1161.) § 4684c. Election to perfect entry by pay- ment and proof of improvements and use for agricultural purposes; final proof–Any desert- land entryman or his assignee entitled to the benefit Of the last preceding paragraph may, if he shall SO elect within sixty days from the notice therein pro- vided, pay to the receiver of the local land office the Sum of 50 Cents per acre for each acre embraced in the entry, and thereafter perfect such entry upon proof that he has upon the tract permanent improve- Iments Conducive to the agricultural development there- of of the value of not less than $1.25 per acre, and that he has, in good faith, used the land for agricul- tural purposes for three years and the payment to the receiver, at the time of final proof, of the Sum of 75 Cents per acre: Provided, That in Such case fina] proof may be submitted at any time within five years from the date of the entryman’s election to proceed aS proVided in this Section, and in the event of fail- ure to perfect the entry as herein provided, all moneys theretofore paid shall be forfeited and the entry Canceled. (March 4, 1915, c. 147, § 5, 38 Stat. 1162.) § 4684cc. Entries by applicants having made enlarged homestead entries—The right to make a desert-land entry shall not be denied to any appli- }: Cant therefor who has already made an enlarged home- Stead entry of three hundred and twenty acres: Pro- Vided, That said applicant is a duly qualified entry- man and the whole area to be acquired as an enlarg- ed homestead entry and under the provisions of this Act does not exceed four hundred and eighty acres. (Feb. 27, 1917, c. 134, 39 Stat. 946.) § 4684cce. Provisions of §§ 4684a–4684c, ex- tended—That the provisions Of the last three para- graphs of section five of the Act of March fourth, nineteen hundred and fifteen, “An Act making appro- priations to supply deficiencies in appropriations for the fiscal year nineteen hundred and fifteen, and for prior years, and for other purposes,” be, and the same are hereby, extended and made applicable to any lawful pending desert-land entry made prior to March fourth, nineteen hundred and fifteen: Provided, That in Cases where such entries have been assigned prior to the date Of the Act the assignees shall, if other- Wise qualified, be entitled to the benefit hereof. (March 21, 1918, c. 26, 40 Stat.) § 4684d. Springs, streams, and water holes on arid public lands; discovery and development —That the Secretary of the Interior be, and he is hereby, authorized and empowered, in his discretion in so far as the authorization made herein will per- mit, to discover, develop, protect, and render more ac- –cessible for-the benefit-of-the-general public, springs, streams, and water holes on arid public lands of the United States; and in connection there with to erect and maintain suitable and durable monuments and Signboards at proper places and intervals along and Inear the accustomed lines of travel and Over the gon- eral area of Said desert lands, containing informa- tion and directions as to the location and nature of Said Springs, streams, and Water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to pro- Wide Convenient and ready means, apparatus, and ap- pliances by which water may be brought to the earth’s Surface at said water holes for the use of such per- SOnS ; also to prepare and distribute Suitable maps, reports, and general information relating to said Springs, Streams, and Water holes, and their specific location with reference to lines of travel. (Aug. 21, 1916, c. 360, § 1, 39 Stat. 518.) § 4684e. Same; injuring signposts, or filling up or fouling—Whoever shall Willfully Or maliciously injure, destroy, deface, Or remove any of Said monu- ments Or Signposts, Or shall Willfully Or maliciously fill up, render foul, or in any wise destroy Or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, Streams, Springs, or Water holes, Or the purposes for which they are maintained and used, shall be fined not, more than $1,000 or imprison- ed not more than three years, or both. (Aug. 21, 1916, c. 360, § 3, 39 Stat. 518.) § 4684f. Same; rules and regulations—The Sec- retary of the Interior is hereby authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this Act into full force and effect. (Aug. 21, 1916, c. 360, § 4, 39 Stat. 518.) GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION (THE CAREY ACT) § 4685. (1) Contracts with public-land States for donation of arid lands—That to aid the public land States in the reclamation of the desert lands therein, and the Settlement, Cultivation and sale there- of in small tracts to actual settlers, the Secretary of the Interior with the approval of the President, be, and hereby is, authorized and empowered, upon prop- er application of the State to contract and agree, from time to time, With each Of the States in which there may be situated desert lands as defined by the Act entitled “An Act to provide for the sale of desert land 4 4685(1) (Tit. 32 THE PUBLIC LANDS [Page 710] * in certain States and Territories,” approved March third, eighteen hundred and seventy-seven, and the Act amendatory thereof, approved March third, eighteen hundred and ninety-one, binding the Unit- ed States to donate, grant and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed occupied, and not less than twenty acres of each one hundred and sixty-acre tract cultivated by actual settlers, with- in ten years next after the passage of this Act, as thoroughly as is required Of Citizens Who may en- tel: under the said desert land law. - See §§ 4674-4680. - (2) Map ; regulations for reservation—Before the application of any State is allowed or any Con- tract or agreement is executed or any segregation of any of the land from the public domain is Ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contem- plated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and pre- pare it to raise ordinary agricultural crops and shall also show the source of the water to be used for ir- rigation and reclamation, and the Secretary of the Interior may make necessary regulations for the reser- vation of the lands applied for by the States to date from the date of the filing of the map and plan Of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approVed. - - - (3) Contract for reclamation and settlement- Any State contracting under this section is hereby authorized to make all necessary contracts to Cause the said lands to be reclaimed, and to induce their Set- tlement and cultivation in accordance with and Sub- ject to the provisions of this section ; but the State shall not be authorized to lease any of Said lands Or to use or dispose of the same in any Way Whatever, except to secure their reclamation, cultivation and Settlement. (4) Patents to States or assigns; limit to one person; funds from sale—As fast as any State may furnish satisfactory proof according to Such rules and regulations as may be prescribed by the Secre- tary of the Interior, that any of said lands are irrigat- ed, reclaimed and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than One hundred and sixty acres of said lands to any One person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. (Aug. 18, 1894, c. 301, § 4, 28 Stat. 422.) - - § 4686. Liens for expenses of reclamation— Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section four of an Act entitled “An Act making appropriations for the Sundry Civil ex- penses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five,” approved August eighteenth, eighteen hundred and ninety-four, a lien or liens is hereby authorized to be created by the State to which such lands are granted and by no other authority whatever, and when creat- ed shall be Valid. On and against the separate legal subdivisions Of land reclaimed, for the actual cost and Inecessary expenses of reclamation and reason- able interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample Supply of Water is actually furnished in a Sub- stantial ditch Or Canal, Or by artesian wells or reser- voirs, to reclaim a particular tract or tracts of Such lands, then patents shall issue for the same to Such state without regard to settlement or cultivation: Pro- vided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part. (June 11, 1896, c. 420, § 1, 29 Stat. 413.) See § 4685. - - § 4687. Time limit for reclamation; restora- tion to public domain—Section four of the Act of August eighteenth, eighteen hundred and ninety-four, entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety- five, and for other purposes,” is hereby amended SO that the ten years’ period within which any State shall cause the lands applied for under said Act to be irrigated and reclaimed, as provided in Said Sec- tion as amended by the Act of June eleventh, eight- een hundred and ninety-six, shall begin to run from the date of approval by the Secretary of the Interior of the State’s application for the segregation of Such lands; and -if the State fails within said ten years to causé the whole or any part of the lands SO segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, Con- tinue said segregation for a period of not exceeding five years, or may, in his discretion, restore such lands to the public domain. (March 3, 1901, c. 853, § 3, 31 Stat. 1188.) See § 4685. - § 4688. Additional arid lands available to Idaho for reclamation—That an additional One mil- lion acres of arid lands within the State of Idaho be made available and subject to the terms of SeC- tion four of an Act of Congress entitled “An Act making appropriations for sundry civil expenses Of the Government for the fiscal year ending June thir- tieth, eighteen hundred and ninety-five, and for other purposes,” approved August eighteenth, eighteen hun- dred and ninety-four, and by amendments thereto, and that the State of Idaho be allowed, under the provi- sions of said Acts, said additional area, or So much thereof as may be necessary for the purposes and un- der the provisions of said Acts. (May 25, 1908, No. 28, 35 Stat. 577) § 4689. Additional arid lands available to Idaho and Wyoming for reclamation—Arid lands in Idaho, and Wyoming: That an additional one million acres of arid lands within each of the States of Idaho, and Wyoming be made available and sub- ject to the terms of section four of an Act of Con- gress entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes,” approved August eighteenth, eighteen hundred and ninety-four, and by amendments thereto, and that the States Of Idaho, and Wyoming be allowed under the provi- Sions of said Acts said additional area. Or So much thereof as may be necessary for the purposes and under the provisions of said Acts. (May 27, 1908, c. 200, § 1, 35 Stat. 347.) § 4690. Provisions for grants to states for reelamation extended to New Mexico and Ari- zona—All the provisions of section four of the Act of Congress approved August eighteenth, eighteen hundred and ninety-four, being chapter three hundred and One to Supplement to Revised Statutes of the |United States, entitled “An Act making appropria- tions for sundry, civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and, for other purposes,” and the amendments thereto be, and the same are hereby, extended to the Territories of New Mexico and Arizona, and that said Territories upon comply- ing with the provisions of said Act shall be entitled to have and receive all Of the benefits therein Con- Ch. 6B) THE PUBLIC LANDS 3 4695b - [Page 711] ferred upon the States. (Feb. 18, 1909, c. 150, § 1, discretion, to extend for a period of not exceeding 35 Stat. 638.) § 4691. Additional arid Iands available to Nevada for reclamation—An additional One million acres of arid lands within the State of Nevada is hereby made available and subject to the terms Of section four of an Act of Congress entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes,” approved August eighteenth, eight- een hundred and ninety-four, and by amendments thereto, and the State of Nevada is allowed under the provisions of said Acts said additional area, or SO much thereof as may be necessary for the pur- poses and under the provisions of said Acts. (March 4, 1911, c. 285, § 1, 36 Stat. 1417.) § 4692. , Additional arid lands available to Colorado for reclamation—That an additional One million acres of arid lands within the State Of Col- Orado be made available and subject to the terms Of section four of an Act of Congress entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thir- tieth, eighteen hundred and ninety-five, and for oth- er purposes,” approved August eighteenth, eighteen hundred and ninety-four, and by amendments there- -to, and that the State of Colorado be allowed, under the provisions of said Acts, said additional area, or so much thereof as may be necessary for the pur- poses and under the provisions of Said Acts. (Aug. 21, 1911, No. 7, 37 Stat. 38.) § 4693. Provisions for grants to States for reclamation extended to desert lands within part of former Ute Indian Reservation in Colo- rado–That the provision of section four of “An Act making appropriation for 'sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes,” approved August eighteenth, eighteen hundred and ninety-four, and the amendments there- of, approved June eleventh, eighteen hundred and ninety-six, and March third, nineteen hundred and One, respectively, be, and are hereby, extended over and shall apply to the desert lands within the lim- its of all that portion of the former Ute Indian Res- ervation, not included in any national forest, in the State of Colorado, described and embraced in the Act. entitled “An Act relating to lands in Colorado late- ly Occupied by the Uncompahgre and White River TJte Indians,” approved July twenty-eighth, eighteen hundred and eighty-two: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the Act approved August eight- eenth, eighteen hundred and ninety-four, and amend- ments thereto, the State of Colorado shall pay into the Treasury Of the United States the sum of One dollar and twenty-five cents per acre for the lands SO patented, and the money SO paid shall be sub- ject to the provisions of section three of the Act of June fifteenth, eighteen hundred and eighty, en- titled “An Act to accept and ratify the agreements submitted by the Confederated bands of Ute Indians in Colorado for the Sale of their reservation in Said State, and for other purposes, and to make the nec- essary appropriation for carrying out same.” (Feb. 24, 1909, c. 178, § 1, 35 Stat. 644.) Act Aug. 18, 1894, c. 301, § 4, and amendments, mention- ed in this section, are $$ 4685–4687. - § 4694. Restriction of lands to be included under provisions of act.—No lands shall be includ- ed in any tract to be segregated under the provisions of this Act On which the United States Government has valuable improvements, or which have been re- served for any Indian schools or farm purposes. (Feb. 24, 1909, c. 178, § 2, 35 Stat. 645.) § 4694a. Extension of time of segregation in Oregon Carey Act segregation lists—The Secre- tary of the Interior is hereby authorized, within his ten years the time of segregation in the Oregon Carey Act segregation lists numbered six and nine- teen, the two areas comprising one hundred and forty thousand seven hundred and fourteen acres, in the aggregate, approximately eighty-six thousand acres of which are irrigable, same being situated in Crook County, Oregon: Provided, That the Secretary of the Interior is further authorized to grant to the State of Oregon a similar extension of ten years for the reclamation of said lands in addition to the time allotted under existing rules, regulations, COntracts, and laws. (Feb. 26, 1917, c. 124, 39 Stat. 942.) § 4695. Temporary withdrawal from settle- ment or entry—TO aid in Carrying Out the purposes Of Section four of the Act of August eighteenth, eight- een hundred and ninety-four, entitled “An Act making appropriations for Sundry civil expenses of the GOV- ernment for the fiscal year ending eighteen hundred and ninety-five, and for other purposes,” it shall be lawful for the Secretary of the Interior, upon ap- plication by the proper officer of any State or Ter- ritory to which said section applies, to withdraw tem- porarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application under said section, pending the in- vestigation and survey preliminary to the filing-of- the maps and plats and application for segregation by the State or Territory: Provided, That if the State or Territory shall not present its application for segregation and maps and plats within One year after such temporary withdrawal the lands so With- drawn shall be restored to entry as though such withdrawal had not been made. (March 15, 1910, C. 96, 36 Stat. 237.) See § 4685. # IRRIGATION DISTRICTS INCLUDING PUBLIC LANDS § 4.695a. Public entered lands and lands sub- ject to entry within state irrigation districts subject to state laws—When in any State Of the TJnited States under the irrigation district laws of said State there has heretofore been Organized and Created or shall hereafter be organized and Greated any irrigation district for the purpose of irrigating the lands situated within said irrigation district, and in which irrigation district so created or to be created there shall be included any of the public lands Of the United States, such public lands. SO situated in said irrigation district, when subject to entry, and entered lands within said irrigation dis- trict, for which no final certificates have been is- Sued, which may be designated by the Secretary of the Interior in the approval by him of the map and plat of an irrigation district as provided in section three, are hereby made and declared to be subject to all the provisions of the laws of the State in which such lands shall be situated relating to the Organ- ization, government, and regulation. Of irrigation districts for the reclamation and irrigation of arid lands for agricultural purposes, to the same extent and in the same manner in Which the lands of a like character held under private Ownership are Or may be subject to said laws: Provided, That the United States and all persons legally holding un- patented lands under entry made under the public land laws of the United States are acCOrded all the rights, privileges, benefits, and exemptions given by said State laws to persons holding lands of a like character under private Ownership, except as here- inafter otherwise provided: Provided further, That this Act shall Ilot apply to any irrigation district comprising a majority acreage of unentered land. (Aug. 11, 1916, c. 319, § 1, 39 Stat. 506.). § 4695b. Apportionment of cost of construc- tion of canals or ditches—The Cost Of Constructing, acquiring, purchasing, or maintaining the canals, ditches, reservoirs, reservoir sites, water, Water right, STATE 3 4695b (Tit. 32 THE PUBLIC LANDS rights of way, or other property incurred in connec- tion with any irrigation project under said irrigation district laws shall be equitably apportioned among lands held under private ownership, lands legally Covered by unpatented entries, and unentered public lands included in said irrigation district. Officially certified lists of the amounts of charges assessed against the smallest legal subdivision of said lands shall be furnished to the register and receiver of the land district within which the lands affected are located as soon as such charges are assessed; but nothing in this Act shall be construed as Creating any obligation against the United States to pay any of said charges, assessments, or debts incurred. That all charges legally assessed shall be a lien upon unentered lands and upon lands covered by un- patented entries included in said irrigation district; and said lien upon said land covered by unpatented entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private owner- ship: Provided, That in the case of entered unpatent- ed lands the title Or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to the following conditions and limitations: If such unpat- ented land be withdrawn under the Act Of Congress Of June Seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation Act, or sub- ject to the provisions of said Act, then the interest which the district may convey by such tax proceed- ings or tax deed shall be subject to a prior lien re- served to the United States for all the unpaid charg- eS authorized by the said Act of June seventeenth, nineteen hundred and two, but the holder of such tax deed or tax title resulting from such district tax Shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee under the provisions of the Act of Con- greSS of June twenty-third, nineteen hundred and ten (Thirty-sixth Statutes, page five hundred and ninety-two), and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title, the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assign- ment under the said Act of June twenty-third, nine- teen hundred and ten, and such person may at any time thereafter receive patent upon submitting sat- isfactory proof of the reclamation and irrigation re- quired by the said Act of Congress of June seven- teenth, nineteen hundred and two, and Acts amenda- tory thereto, and making the payments required by Said Acts. (Aug. 11, 1916, c. 319, § 2, 39 Stat. 507.) § 4695e. Maps, plats, and plans of districts— No unentered lands and no entered lands for which no final Certificates have been issued shall be Subject to the lien or liens herein contemplated until there Shall have been submitted by said irrigation district to the Secretary of the Interior, and approved by him, a map or plat of said district and sufficient detailed engineering data to demonstrate to the satisfaction Of the Secretary of the Interior the sufficiency of the Water Supply and the feasibility of the project, and Which shall explain the plan or mode of irrigation in those irrigation districts where the irrigation works have not been constructed, and which plan shall be Sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops, and Which shall also show the source of Water to be used for irrigation of land included in Said district: Provided, That the Secretary of the Interior may, upon the expiration of ten years from the date of his approval Of Said map and plan Of any irrigation dis- trict, release from the lien authorized by this Act any unentered land or lands upon which final cer- IPage 712] tificate has not issued, for which irrigation works have not been constructed and water of such district made available for the land: Provided further, That in those irrigation districts already organized and whose irrigation works have been constructed and are in Operation as soon as a satisfactory map, plat, and plan shall have been approved by the Secretary Of the Interior, as in this Act provided, such entered and unentered lands shall be subject to all district taxes and assessments theretofore actually levied against the lands in said district and in the Same manner in which lands of a like character held under private ownership are subject to liens and a SSess- ments. (Aug. 11, 1916, c. 319, § 3, 39 Stat. 507.) § 4695d, Entry of approval of maps on rec- ords—Upon the approval of the district map or plat as hereinbefore provided by the Secretary of the Inte- rior the register and receiver will note said approval upon their records where any unentered or entered and unpatented lands are affected. (Aug. 11, 1916, C. 319, § 4, 39 Stat. 508.) § 4695e. Sale for taxes and assessments—No public lands which were unentered at the time any tax Or assessment was levied against same by such irrigation district shall be sold for such taxes or as- SeSSments, but such tax Or assessment shall be and Continue a lien upon such lands, and not more than one hundred and sixty acres of such land shall be en- tered by any one person; and when such lands shall be applied for, after said approval by the Secre- tary Of the Interior, under the homestead or desert- land laws of the United States the application shall be suspended for a period of thirty days to enable the applicant to present a certificate from the prop- er district or county officer showing that no unpaid district Charges are due and delinquent against Said land. (Aug. 11, 1916, c. 319, § 5, 39 Stat. 508.) § 4695f. Patents to purchasers or assigns–- Any entered but unpatented lands not subject to the reclamation Act of June seventeenth, nineteen hun- dred and two (Thirty-second Statutes, page three hun- dred and eighty-eight), sold in the manner and for the purposes mentioned in this Act may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption al- lowed by law under which it may have been sold (no redemption having been made) upon the payment to the receiver Of the local land Office Of the minimum price of $1.25 per acre, or such Other price as may be fixed by law for such lands, together with the usual fees and Commissions Charged in entries Of like lands under the homestead laws, and upon a satisfac- tory showing that the irrigation works have been constructed and that water of the district is avail- able for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of Said land Shall be patented to any One pur- chaser under the provisions of this Act. These limitations shall not apply to Sales to irriga- tion districts, but shall apply to purchasers from Such irrigation districts of such land bid in by Said dis- trict. tºp - |Unless the purchaser or his assignee of Such lands shall, within ninety days after the time for redemption has expired, pay to the proper receiver all fees and commissions and the purchase price to which the Unit- ed States shall be entitled as provided for in this Act, any person having the qualification of a home- stead entryman Or a desert-land entryman may pay to the proper receiver, for not more than one hun- dred and sixty acres of said lands, for Which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled ; and upon satisfactory proof that he has paid to the purchaser at the tax Sale, or his assignee or to the proper officer of the district for Such pur- Ch. 6B) 3 4700 THE PUBLIC LANDS [Page 713] Chaser or for the district, as the case may be, the sum for Which the land was sold at sale for irrigation dis- trict charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be Subrogated to the rights of such purchaser to receive patent for said land. - In any case where any tract of entered land lying Within Such approved irrigation district shall become Vacant by relinquishment or ‘cancellation for any Cause, any Subsequent applicant therefor shall be required, in addition to the qualifications and require- ments otherwise provided, to furnish satisfactory proof by certificate from the proper district or county Officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or hold- ers of any tax certificates, delinquency certificates, or Other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon pro- vided by law. (Aug. 11, 1916, c. 319, § 6, 39 Stat. 508.) § 4695g. Notices required delivered to regis- ters and receivers—All notices required by the irriga- tion district laws mentioned in this act shall, as SOOn as such notices are issued, be delivered to the regis- ter and receiver of the proper land office in Cases the entryman whose unpatented lands are included therein, and the United States and such entryman shall be given the same rights to be heard by peti- tion, answer, remonstrance, appeal, or otherWise as are given to persons holding lands in private OWner- ship, and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. (Aug. 11, 1916, c. 319, § 7, 39 Stat. 509.) § 4695.h. Disposition of money from sale—All moneys derived by the United States from the Sale of public lands herein referred to shall be paid into such funds and applied as provided by law for the disposal of the proceeds from the sale of public lands. (Aug. 11, 1916, c. 319, § 8, 39 Stat. 509.) RECLAMATION OF AFID LANDS BY THE UNITED STATES § 4696. Surveys in arid regions; reservations 'for reservoir sites; homestead entries—For the purpose of investigating the extent to which the arid region of the United States can be redeemed by irri- gation, and the Segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, * * the work to be performed by the Geological Survey, under the direction of the Secretary of the Interior. * * And all the lands which may hereafter be designated or selected by such United States surveys for Sites for reservoirs, ditches or canals for irrigation pur- poses and all the lands made SuSceptible Of irrigation by such reservoirs, ditches or canals are from this time henceforth hereby reserved from Sale as the property of the United States, and shall not be subject where unpatented lands are affected thereby, and to . after the passage of this act, to entry, Settlement Or occupation until further provided by law : ProVided, That the President may at any time in his discretion, by proclamation, Open any portion or all of the lands reserved by this provision to settlement under the homestead laws. (Oct. 2, 1888, c. 1069, § 1, 25 Stat. 526.) - See § 776. Partial repeal of this section, see § 4697. And See §§ 4698, 4700-4708. § 4697. Repeal in part of Act Oct. 2, 1888, c. 1069; entries; reservation of reservoir sites— So much of the act of October second, eighteen hun- dred and eighty-eight, entitled, “An act making ap- propriations for Sundry civil expenses of the Govern- ment for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes,” as proVides for the withdrawal of the public lands from entry, occupation and settlement, is hereby repealed, and all entries made or claims initiated in good faith and Valid but for said act, shall be recognized and may be perfected in the same manner as if said law had not been enacted, except that reservoir sites here- tofore located or selected shall remain segregated and reserved from entry or settlement as provided by Said act, until otherwise provided by law, and res- ervoir sites hereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 391.) See § 4696. Provisions of this section superseded, see §§ 4702, 4703. § 4698. Reservoir sites; only necessary land included—Reservoir sites located or selected and to be located and selected under the provisions of “An act making appropriations for sundry civil expenses Of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for Other purposes,” and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and main- tenance of reservoirs; excluding so far as practica- ble lands occupied by actual settlers at the date of the location of said reservoirs. * * (March 3, 1891, c. 561, § 17, 26 Stat. 1101.) * § 4559 for remainder of this section. See §§ 4696– § 4699. Same; open to use for right of way; occupancy and control by states—All reservoir sites reserved Or to be reserved shall be Open to use and occupation under the right-Of-Way Act of March third, eighteen hundred and ninety-one, and any State is hereby authorized to improve and OCCupy Such res- ervoir Sites to the Same extent as an individual Or private Corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Pro- vided, That the charges for water coming in whole . Or part from reservoir sites used or Occupied under the provisions of this Act shall always be Subject to the control and regulation of the respective States and Territories in which Such reservoirs are in Whole or part situate. (Feb. 26, 1897, c. 335, 29 Stat. 599.) See §§ 4934-4937. § 4700. Reclamation fund; deficiency in fund for support of agricultural colleges—All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Mon- tana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and One, including the Surplus Of fees and Commissions in exceSS Of al- lowances to registers and receivers, and excepting the five per Centum of the proceeds of the Sales of public lands in the above States set aside by law for edu- Cational and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a Special fund in the Treasury to be known as the “rec- lannation fund,” to be used in the examination and Survey for and the Construction and maintenance of irrigation works for the storage, diversion, and de- Velopment of waters for the reclamation of arid and Sémiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act: Provided, That in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands re- ferred to in this Section are insufficient to meet the requirements for the support of agricultural colleg- es in the several States and Territories, under the Act of August thirtieth, eighteen hundred and ninety, en- titled “An Act to apply a portion of the proceeds of the public lands to the more complete endowment and . Support of the colleges for the benefit of agriculture. and the mechanic arts, established under the provi-. 3 4700 (Tit. 32 THE PUBLIC LANDS IIPage 7141 Sions of an Act of Congress approved July second, eighteen hundred and sixty-two,” the deficiency, if any, in the sum necessary for the Support of the Said Colleges shall be provided for from any moneys in the Treasury not otherwise appropriated. (June 17, 1902, c. 1093, § 1, 32 Stat. 388.) Reclamation Act extended to Texas by § 4709. Current appropriation for irrigation on Indian reservations, see Act May 25, 1918, c. 86, § 1, 40 Stat. Other provisions as to irrigation of arid lands, largely superseded by this act, See §§ 4696–4698. § 4701. Surveys for and location and con- struction of irrigation works—The Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and con- Struct, as herein provided, irrigation works for the Storage, diversion, and development of waters, includ- ing artesian wells, and to report to Congress at the beginning of each regular session as to the results of Such examinations and Surveys, giving estimates of Cost of all contemplated works, the quantity and lo- Cation of the lands which can be irrigated therefrom, and all facts relative to the practicability of each irri- gation project ; also the cost of works in process of Construction as well as of those which have been com- pleted. (June 17, 1902, c. 1093, § 2, 32 Stat. 388.) § 4702. Withdrawal of lands for irrigation; homestead laws—The Secretary of the Interior shall, before giving the public notice provided for in section four of this Act, withdraw from public entry the lands required for any irrigation works contemplated tunder the provisions Of this Act, and shall restOre to public entry any of the lands so withdrawn when, in his judgment, such lands are not required for the purposes of this Act ; and the Secretary Of the In- terior is hereby authorized, at or immediately prior to the time of beginning the surveys for any Contemplat- ed irrigation works, to withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works: Pro- vided, That all lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that Said Surveys shall be prosecuted diligently to COmpletion, and upon the COImpletion thereof, and of the necessary maps, plans, and estimates of COst, the Secretary of the Interior shall determine whether or Inot said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry ; that pub- lic lands which it is proposed to irrigate by Imeans of any contemplated works shall be subject to entry Only under the provisions of the homestead laws in tracts Of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided: Pro- vided, That the commutation provisions of the home- stead laws shall not apply to entries made under this Act. (June 17, 1902, c. 1093, § 3, 32 Stat. 388.) § 4703. Contracts for irrigation works; no- tice of lands irrigable—Upon the determination by the Secretary of the Interior that any irrigation proj- ect is practicable, he may cause to be let Contracts for the construction of the same, in such portions or Sections as it may be practicable to construct and COm- plete as parts of the whole project, providing the nec. essary funds for such portions or sections are avail- able in the reclamation fund, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall repre- sent the acreage which, in the opinion Of the Secre- tary, may be reasonably required for the support of a family upon the lands in question ; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten, in which such Charges shall be paid and the time when such payments. Shall commence. The Wise provided by CongreSS. Said charges shall be determined with a view of re- turning to the reclamation fund the estimated cost of Construction of the project, and shall be apportioned equitably: Provided, That in all construction work eight hours shall constitute a day’s work, and no Mongolian labor shall be employed thereon. (June 17, 1902, c. 1093, § 4, 32 Stat. 389.) § 4704. Requirements of entryman; sale of water rights—The entryman upon lands to be irri- gated by such works shall, in addition to compliance With the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands COWered by his entry shall pay to the Government the Charges apportioned against such tract, as provided in Section four. No right to the use of water for land in private ownership shall be sold for a tract exceed- ing one hundred and sixty acres to any one landown- er, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, Or Occupant thereof residing in the neighborhood Of Said land, and no such right shall permanently at- tach until all payments therefor are made. The an- nual installments shall be paid to the receiver of the local land office of the district in which the land is Situated, and a failure to make any two payments When due shall, render the entry subject to cancella- tion, with the forfeiture of all rights under this Act, as Well as of any moneys already paid thereon. All InnoneyS received from the above sources shall be paid into the reclamation fund. Registers and receivers Shall be allowed the usual commissions on all moneys paid for lands entered under this Act. (June 17, 1902, c. 1093, § 5, 32 Stat. 389.) § 4704a. Residence on private lands or within neighborhood to seeure water for irrigation—The Secretary of the Interior is hereby authorized, in his discretion, to suspend during the continuance of this Act that provision of the Act known as the “Rec- lamation Act” requiring residence upon lands in pri- Vate ownership or within the neighborhood for secur- ing water for the irrigation of the same, and he is authorized to permit the use of available water there- On upon Such terms and Conditions as he may deem proper. (Aug. 10, 1917, c. 52, § 11, 40 Stat. 276.) § 4705. Use of reclamation fund for reser- voirs and irrigation works; transfer of manage- ment of works to landowners—The Secretary Of the Interior is hereby authorized and directed to use the reclamation fund for the Operation and mainte- nance of all reservoirs and irrigation works Con- Structed under the provisions Of this Act: Provided, That when the payments required by this Act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and Operation of such ir- rigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under Such rules and regulations as may be acceptable to the Sec- retary of the Interior: Provided, That the title to and the management and Operation of the reservoirs and the works necessary for their protection and Op- eration shall remain in the Government until Other- (June 17, 1902, c. 1093, § 6, 32 Stat. 389.) See § 4739. § 4706. Acquisition of rights or property; condemnation proceedings—Where in carrying out the provisions of this Act it becomes necessary to ac- Quire any rights or property, the Secretary of the Interior is hereby authorized to acquire the same for the United States by purchase or by condemnation un- der judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty Of the Attorney-General Of the United States upon every application of the Secretary of the Interior, under this Act, to cause proceedings to be commenced for condemnation within thirty days Ch. 6B) 3 4713a TEIE PUBLIC LANDS [Page 715] from the receipt of the application at the Department of Justice. (June 17, 1902, c. 1093, § 7, 32 Stat. 389.) Sale of lands acquired under this or other acts, see §§ 4746–4748. Condemnation proceedings generally, see §§ 6909, 6910. $ 4707. Irrigation laws of States and Terri- tories; rights to waters of interstate streams; use of water acquired—Nothing in this Act shall be Construed as affecting or intended to affect or to in any way interfere with the laws of any State or Ter- ritory relating to the control, appropriation, use, or distribution Of Water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, Shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided, That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. (June 17, 1902, c. 1093, § 8, 32 Stat. 390.) § 470s. Execution of provisions of act and reg- ulations therefor—The Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as Imay be neces- sary and proper for the purpose of Carrying the pro- Visions Of this Act into full force and effect. (June 17, 1902, c. 1093, § 10, 32 Stat. 390.) § 4709. Reclamation Act extended to T. wº- The provisions Of the Act entitled “An Act aſſº. ating the receipts from the sale and disposal of public lands ºn Certain States and Territories to the construc. tion of irrigation Works for the reclamation of arid lands,” approved June SeVenteenth, nineteen hundred * º be, º * Same are hereby, extended so as Ulde alld apply to the Stat i2, 1906. 33s."#"st. ...)” Of Texas. (June § 4710. Advances to reclamation fund from Treasury; aggregate amount-To enable the Secre- tary Of the Interior to complete government reclama- tion projects heretofore begun, the Secretary of the Treasury is authorized, Upon request of the Secretary Of the Interior, to transfer from time to time to the credit 3. the reclamation fund created by the Act en- titled “An act appropriating the receipts from the Sale and disposal of public lands in certain states and Territories to the construction of irrigation works for the reclamation of arid lands,” approved June Seventeenth, nineteen hundred and tWO, Such sum or sums, not exceeding in the aggregate tWenty million dollars, as the Secretary of the Interior may deem necessary to Complete the said reclamation projects, and Such extensions thereof as he may deem proper and necessary to the successful and profitable Opera- tion and maintenance thereof or to pl’Otect Water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President Of the United States; and such sum or Sums as may be required to comply with the foregoing authority are hereby appropriated out of any money in the Treasury not Otherwise appropriated : Provided, That the sums hereby authorized to be transferred to the reclamation fund shall be so transferred only as such sums shall be actually needed to meet payments for work per- formed under existing law: And provided further, That all Stims so transferred shall be reimbursed to the Treasury from the reclamation fund, as herein- after provided : And provided further, That no part of this appropriation shall be expended upon any ex- isting project until it shall have been examined and reported upon by a board of engineer officers of the Army, designated by the President of the United States, and until it shall be approved by the President as feasible and practicable and worthy of such ex- penditure; nor Shall any portion of this appropriation be expended upon any new project. (June 25, 1910, c. 407, § 1, 36 Stat. 835.) • $ 4711. Same; certificates of indebtedness— For the purpose of providing the Treasury with funds for Such advances to the reclamation fund, the Sec- retary Of the Treasury is authorized to issue certifi- cates of indebtedness of the United States in such form as he may prescribe and in denominations of fifty dollars, or multiples of that sum ; said certifi- Cates to be redeemable at the option of the United States at any time after three years from the date Of their issue and to be payable five years after such date, and to bear interest, payable semiannually, at not exceeding three per centum per annum ; the prin- Cipal and interest to be payable in gold coin Of the United States. The certificates of indebtedness here- in authorized may be disposed of by the Secretary of the Treasury at not less than par, under Such rules and regulations as he may prescribe, giving all citizens of the United States an equal opportunity to SubScribe therefor, but no commission shall be allowed and the aggregate issue of such certificates shall not exceed the amount of all advances made to said reclamation fund, and in no event shall the same exceed the Sum of twenty million dollars. The certificates of indebt- edness herein authorized shall be exempt from taxes or duties of the United States as well as from taxa- tion in any form by or under state, municipal, OT 10- cal authority; and a sum not exceeding one-tenth of one per centum of the amount of the certificates of indebtedness issued under this Act is hereby appro- priated, out of any money in the Treasury not Other- wise appropriated, to pay the expense of preparing, ad- vertising, and issuing the same. (June 25, 1910, C. 407, § 2, 36 Stat. 835.) § 4712. Same; repayment—Beginning five yeal's after the date of the first advance to the reclamation fund under this Act, fifty per centum of the annual receipts of the reclamation fund shall be paid into the general fund of the Treasury of the United States until payment so made shall equal the aggregate amount of advances made by the Treasury to Said reclamation fund, together with interest paid. On the certificates of indebtedness issued under this Act and any expense incident to preparing, advertising, and issuing the same. (June 25, 1910, c. 407, § 3, 36 Stat. 836.) § 4712a. Same; repayment—The Act Of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes, page eight hundred and thirty-five), is amend- ed to provide that reimbursement of the moneys ad- vanced under the provisions of that Act shall be made by transferring annually the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July first, nineteen hundred and twenty, and continuing until full reimbursement has been made. (June 12, 1917, c. 27, § 1, 40 Stat. 149.) § 4713. Same; use of; begimming other proj- ects—All money placed to the credit of the reclama- tion fund in pursuance of this Act shall be devoted exclusively to the completion. Of Work on reclamation projects heretofore begun as hereinbefore provided, and the same shall be included With all other expenses in future estimates of construction, Operation, or main- tenance, and hereafter no irrigation project contem- plated by said Act of June seventeenth, nineteen hun- dred and two, shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States. (June 25, 1910, c. 407, § 4, 36 Stat. 836.) § 4713a. Payments of construction charges by entrymara-Any person Whose lands hereafter become subject to the terms and conditions of the Act approv- ed June seventeenth, nineteen hundred and two, en- titled “An Act appropriating the receipts from the Sale and disposal of public lands in certain States and Territories to the construction of irrigation works for 3 4713aa (Tit. 32 THE PUBLIC LANDS [Page 716] the reclamation of arid lands,” and Acts amendatory thereof or supplementary thereto, hereafter to be re- ferred to as the reclamation law, and any person Who hereafter makes entry thereunder shall at the time of making water-right application or entry, as the case may be, pay into the reclamation fund five per centum of the construction charge fixed for his land as an initial installment, and shall pay the balance of said charge in fifteen annual installments, the first five of which shall each be five per centum of the Con- struction charge and the remainder shall each be Seven per centum until the whole amount shall have been paid. The first of the annual installments shall be- come due and payable on December first of the fifth calendar year after the initial installment: Provided, That any water-right applicant or entryman may, if he so elects, pay the whole or any part of the construg- tion charges owing by him within any Shorter period: Provided further, That entry may be made Whenever water is available, as announced by the Secretary Of the Interior, and the initial payment, be made When the charge per acre is established. (Aug. 13, 1914, C. 247, § 1, 38 Stat. 686.) § 4713a.a. Money received or refunded in con- nection with operations credited to appropria- tion—All moneys heretofore or hereafter refunded or received in connection with Operations under the reC- lamation law, except repayments of construction and operation and maintenance charges, shall be a Credit to the appropriation for the project or Operation from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation. (June 12, 1917, c. 27, § 1, 40 Stat. 149 § 4713b. Payiments where land or entry was previously subject to law; installments-Any per- son whose land or entry has heretofore become subject to the terms and conditions of the reclamation law shall pay the construction charge, or the portion Of the construction charge remaining unpaid, in tWenty annual installments, the first of which Shall become due and payable on December first of the year in which the public notice affecting his land is issued under this Act, and subsequent installments On Decem- ber first of each year thereafter. The first four of such installments shall each be two per Centum, the next two installments shall each be four per Centum, and the next fourteen each six per Centum Of the to- tal construction charge, or the portion of the Construc- tion charge unpaid at the beginning of Such install- ments. (Aug. 13, 1914, c. 247, § 2, 38 Stat. 687.) § 4713c. Construction charges; penalties for failure to pay installments—If any Water-right ap- plicant or entryman shall fail to pay any installment of his construction charges when due, there shall be added to the amount unpaid a penalty of One per centum thereof, and there shall be added a like pen- alty of one per centum of the amount unpaid on the first day of each month thereafter so long as Such de- fault shall continue. If any such applicant or entry- man shall be one year in default in the payment of any installment of the construction charges and penal- ties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to Contest be- cause of such default: Provided, That if the Secre. tary of the Interior shall so elect, he may cause Suit or action to be brought for the recovery of the amount in default and penalties; but if Suit Or action be brought, the right to declare a cancellation and forfei- ture shall be suspended pending such suit or action. (Aug. 13, 1914, c. 247, § 3, 38 Stat. 687.) & § 471.3d. Same; increase made only by agree- ment with majority of applicants and entrymen affected—No increase in the construction charges shall hereafter be made, after the same have been fixed by public notice, except by agreement between the Secretary of the Interior and a majority of the water-right applicants and entrymen to be affected by such increase, whereupon all water-right appli- cants and entrymen in the area proposed to be af- fected by the increased charge shall become subject thereto. Such increased Charge Shall be added to the construction . Charge and payment thereof dis- tributed over the remaining unpaid installments of COnstruction charges: Provided, That the Secretary of the Interior, in his discretion, may agree that such increased construction charge shall be paid in additional annual installments, each of which shall be at least equal to the amount Of the largest in- stallment as fixed for the project by the public notice theretofore issued. And such additional installments Of the increased Construction Charge, as SO agreed upon, shall become due and payable on December first of each year subsequent to the year When the final installment Of the Construction Charge under such public notice is due and payable: Provided fur- ther, That all such increased construction charges shall be subject to the same conditions, penalties, and suit or action as provided in section three of this Act. (Aug. 13, 1914, c. 247, § 4, 38 Stat. 687.) § 4713e. Payment of operation and mainte- Inance charges by entrymen; transfer to water users’ association or irrigation district—In addi- tion to the construction charge, every water-right ap- plicant, entryman, Or landowner under or upon a reclamation project shall also pay, Whenever Water service is available for the irrigation of his land, an Operation and maintenance charge based upon the total cost of operation and maintenance of the proj- ect, or each separate unit thereof, and such charge shall be made for each acre-foot Of Water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the Charge for de- livery of not less than one acre-foot of water: Pro- vided, That, whenever any legally Organized Water users’ association Or irrigation district shall SO re- guest, the Secretary of the Interior is hereby author- ized, in his discretion, to transfer to such water users’ association. Or irrigation district the Care, Op- eration, and maintenance of all or any part of the project Works, subject to such rules and regulations as he may prescribe. If the total amount Of Opera- tion and maintenance charges and penalties collected for any One irrigation season. On any project shall exceed the Cost of Operation and maintenance of the project during that irrigation Season, the bal- ance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season. (Aug. 13, 1914, c. 247, § 5, 38 Stat. 687.) § 4713f. Same; penalties for failure to pay- All operation and maintenance charges shall become due and payable on the date fixed for each project by the Secretary of the Interior, and if such charge is paid on or before the date when due there shall be a discount of five per Centum of such charge; but if Such charge is unpaid on the first day of the third Calendar month thereafter, a penalty Of One per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of One per centum of the amount unpaid shall be added on the first day of each calendar month if such charge and penalties shall remain unpaid, and no water shall be delivered to the lands of any Water-right appli- cant or entryman who shall be in arrears for more than One Calendar year for the payment of any charge for operation and maintenance, Or any annual construction charge and penalties. If any Water- right applicant or entryman shall be one year in arrears in the payment of any charge for Operation | and maintenance and penalties, Or any part thereof, Ch. 6B) 3 4714d THE PUBLIC LANDS [Page 717. I his water-right application, and if he be a homestead entryman his entry also, shall be subject to Can- cellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of Such arrears. In the discretion of the Secretary of the Interior Suit or action may be brought for the amounts in de- fault and penalties in like manner as provided in section three of this Act. (Aug. 13, 1914, C. 247, § 6, 38 Stat. 688.) § 4713g. Association or irrigation district as fiscal agent—The Secretary of the Interior is here- by authorized, in his discretion, to designate and appoint, under such rules and regulations as he may prescribe, the legally organized water users' asso- ciation or irrigation district, under any reclamation project, as the fiscal agent of the United States to collect the annual payments on the construction charge of the project and the annual charges for operation and maintenance and all penalties: Provid- ed., That no water-right applicant or entryman shall be entitled to Credit for any payment thus made un- til the same shall have been paid over to an Officer designated by the Secretary of the Interior to re- ceive the same. (Aug. 13, 1914, c. 247, § 7, 38 Stat. 688.) § 4713]h. Regulations of use of water; rec- lamation and cultivation of irrigable area—The Secretary of the Interior is hereby authorized to make general rules and regulations governing the use of Water in the irrigation of the lands within any project, and may require the reclamation for agricultural purposes, and the cultivation of one- fourth the irrigable area under each water-right ap- plication or entry within three full irrigation sea- Sons after the filing Of Water-right application. Or entry, and the reclamation for agricultural purposes and the Cultivation of One-half the irrigable area within five full irrigation seasons after the filing of the water-right application or entry, and shall provide for continued compliance with such re- quirements. Failure on the part of any water-right applicant or entryman to comply with such require- Iments shall render his application. Or entry Subject to Cancellation. (Aug. 13, 1914, c. 247, § 8, 38 Stat. 688.) § 4713i. Increase of construction charges for certain lands—In all cases where application for water right for lands in private ownership or lands held under entries not subject to the reclamation law shall not be made within one year after the passage of this Act, or within one year after notice issued in pursuance of Section four Of the reclama- tion Act, in cases where such notice has not hereto- fore been issued, the construction charges for Such land shall be increased five per Centum each year un- til such application is made and an initial install- ment is paid. (Aug. 13, 1914, c. 247, § 9, 38 Stat. 689.) § 4714. Entries of lands reserved for irriga- tion, when made; lands relinquished subject to settlement and entry—No entry shall be hereafter made and no entryman shall be permitted to go upon lands reserved for irrigation purposes until the Secretary of the Interior shall have established the unit of a Creage per entry, and water is ready to be delivered for the land in Such unit or SOme part thereof and such fact has been announced by the Secretary of the Interior: Provided, That where entries made prior to June tWenty-fifth, nineteen hundred and ten, have been Or may be relinquished, in whole or in part, the lands so relinquished shall be subject to Settlement and entry under the recla-. mation law. (June 25, 1910, c. 407, § 5, 36 Stat. 836, amended, Feb. 18, 1911, c. 111, 36 Stat. 917, and Aug. 13, 1914, c. 247; $ 10, 38 Stat. 689.) § 4714a. Charges for water service prior to notice of construction charges—Whenever water is available and it is impracticable to apportion Op- eration and maintenance charges as provided in Sec- tion five of this Act, the Secretary of the Interior may, prior to giving public notice of the construc- tion charge per acre upon land under any project, furnish water to any entryman Or private landown- er thereunder until such notice is given, making a reasonable charge therefor, and Such charges shall be subject to the same penalties and to the provi- Sions for Cancellation and Collection as herein provid- ed for other Operation and maintenance charges. (Aug. 13, 1914, c. 247, § 11, 38 Stat. 689.) - § 4714b. Private lands within projects; dis- posal of excess—Before any contract is let Or Work begun for the construction of any reclamation project hereafter adopted the Secretary of the Interior shall require the owners of private lands thereunder to agree to dispose of all lands in excess of the area which he shall deem sufficient for the support of a family upon the land in question, upon such terms and at not to exceed such price as the Secretary of the Interior may designate; and if any landowner shall refuse to agree to the requirements fixed by the Secretary of the Interior, his land shall not be included within the project if adopted for construc- tion. (Aug. 13, 1914, c. 247, § 12, 38 Stat. 689.) § 4714c. Entries under projects in excess of one farm unit—All entries under reclamation proj- ects Containing more than One farm unit shall be re- duced in area and conformed to a single farm unit within two years after making proof of residence, improvement, and cultivation, or within two years after the issuance of a farm-unit plat for the proj- ect, if the same issues Subsequent to the making of such proof: Provided, That such, proof is made within four years from the date as announced by the Secretary of the Interior that water is available for delivery for the land. Any entryman failing within the period herein provided to dispose of the excess of his entry above one farm unit, in the man- ner provided by law, and to Conform his entry to a single farm unit shall render his entry subject to cancellation as to the excess above one farm unit: Provided, That upon compliance with the provisions Of law Such entryman shall be entitled to receive a patent for that part of his entry which conforms to one farm unit as established for the project: Pro- vided further, That no person shall hold by assign- ment more than one farm unit prior to final payment of all charges for all the land held by him subject to the reclamation law, except Operation and main- tenance charges not then due. (Aug. 13, 1914, c. 247, § 13, 38 Stat. 690.) § 47.14d. Acceptance of act; time for filing notice of—Any person whose land or entry has here- tofore become subject to the reclamation law, who desires to secure the benefits of the extension of the period of payments provided by this Act, shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary Of the Interior, in the manner to be prescribed by said Secretary, of his acceptance of all the terms and conditions of this Act, and thereafter his lands or entry shall be subject to all of the pro- visions of this Act: Provided, That upon Sufficient showing the Secretary of the Interior may, in his discretion, permit notice of acceptance of all the terms and conditions of this Act to be filed at any time after the time limit hereinbefore fixed for filing Such acceptance Shall have expired, Conditioned, how- ever, that where the applicant for such acceptance is in arrears On COnStruction charges, he shall at the time of acceptance pay Such installments Of the Construction Charge as he would have been required to pay had he accepted this Act within the time limit hereinabove fixed, plus the penalties that would have accrued had he so accepted, and Such applicant shall thereafter be upon the Salme Status that he would have been had he accepted the provisions of this Act within the time limit hereinabO've fixed, and thereafter the lands Or entry Of any Such persons SO & 4714e (Tit. 32 TEIE PUBLIC LANDS IIPage 718I. filing Suchi notice of acceptance shall be subject to all the provisions of this Act. (Aug. 13, 1914, c. 247, § 14, 38 Stat. 690, amended, July 26, 1916, c. 257, 39 Stat. 390.) § 4714e. Acts and regulations for carrying act into effect—The Secretary of the Interior is hereby authorized to perform any and all acts and to make Such rules and regulations as may be nec- essary and proper for the purpose of carrying the provisions of this Act into full force and effect. (Aug. 13, 1914, c. 247, § 15, 38 Stat. 690.) § 4714f. Expenditures made only out of an- mual appropriations; estimates—From and after July first, nineteen hundred and fifteen, expenditures shall not be made for carrying out the purposes of the reclamation law except Out Of appropriations made annually by Congress therefor, and the Secretary Of the Interior shall, for the fiscal year nineteen hundred and sixteen, and annually thereafter, in the regular Book Of Estimates, submit to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid Out Of the reclamation fund provided for by the reclamation law. (Aug. 13, 1914, c. 247, § 16, 38 Stat. 690.) § 4714g. Work or expenditure beyond con- struction charge fixed by public notice—NO WOrk shall be undertaken or expenditure made for any lands, for which the Construction charge has been fixed by public notice, which work or expenditure shall, in the opinion of the Secretary of the Interior, increase the construction cost above the construc- tion Charge SO fixed ; unless and until Valid and binding agreement to repay the cost thereof shall have been entered into between the Secretary of the Interior and the Water right applicantS and entry- men affected by Such increased COSt, as provided by section four Of the Act of August thirteenth, nine- teen hundred and fourteen, entitled “An Act extend- ing the periOd. Of payment under reclamation proj- ects, and for Other purposes.” (March 3, 1915, c. 75, § 1, 38 Stat. 861.) See § 4713d. § 4714ta. Relinquishment of homestead exatry of land withdrawn from project; entry in lieu. thereof—Any person who has made homestead entry under the A.Ct. Of June Seventeenth, nineteen hundred and two (Thirty-second Statutes at Large, page three hundred and eighty-eight), for land believed to be susceptible Of irrigation which at the time Of Said entry was withdrawn for any contemplated irriga- tion project, may relinquish the same, provided that it has since been determined that the land embraced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under the project, and in lieu thereof may select and make entry for any farm unit included within such irrigation project as finally established, notwithstanding the provisions Of Section five Of the Act of June twenty-fifth, nine- teen hundred and ten, entitled “An Act to authorize advances to the reclamation fund,” and so forth, and Acts amendatory thereof: Provided, That such entrymen shall be given credit on the new entry for the time Of bona fide residence maintained On the Original entry. (March 4, 1915, c. 182, 38 Stat. 1215.) See §§ 4700–4708. - § 4715. Withdrawal froßn exatry of town- sites; starvey and subdivision—The Secretary of the Interior may withdraw from public entry any lands needed for town-site purposes in Connection with irrigation projects under the reclamation Act of June Seventeenth, nineteen hundred and two, not ex- ceeding One hundred and sixty acres in each case, and Survey and Subdivide the same into town lots, with appropriate reservations for public purposes. (April 16, 1906, c. 1631, § 1, 34 Stat. 116.) § 4716. Same; appraiserment and sale of lots —The lots so surveyed shall be appraised under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised Value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not leSS than the appraised value under such regulations as the Secretary of the Interior may prescribe. Rec- lamation funds may be used to defray the neces- Sary expenses of appraisement and sale, and the pro- Ceeds Of Such sales shall be covered into the reclama- tion fund. (April 16, 1906, c. 1631, § 2,34 Stat. 116.) § 4717. Same; reservations in—The public TeServations in such town sites, shall be improved and maintained by the town authorities at the expense of the to Wn; and upon the organization thereof as mu- nicipal Corporations the said reservations shall be Conveyed to such corporations by the Secretary of the Interior, Subject to the condition that they shall be used forever for public purposes. (April 16, 1906, c. 1631, § 3, 34 Stat. 116.) § 4718. Same; water rights for towns and cities; charges—The Secretary of the Interior shall, in accordance with the provisions of the reclama- tion Act, provide for water rights in amount he may deem necessary for the towns established as herein provided, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some convenient point, and for the payment into the reclamation fund Of charges for the same to be paid by such towns Or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secre- tary of the Interior for the irrigation project from which the water is taken. (April 16, 1906, c. 1631, § 4, 34 Stat. 116.) § 4719. Lease of surplus water power—When- ever a development of power is necessary for the irrigation of lands, under any project undertaken under the Said reclamation Act, or an Opportunity is afforded for the development of power under any Such project, the Secretary of the Interior is au- thorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys de- rived from Such leases shall be COvered into the rec- lamation fund and be placed to the credit Of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the Secre- tary of the Interior is authorized, in his discretion, to make Such a lease in COnnection with Rio Grande project in Texas and New Mexico for a longer period not exceeding fifty years, with the approval of the water users’ association Or associations under any such project, organized in Conformity with the rules and , regulations prescribed by the Secretary of the Interior in pursuance of section six of the reclama- tion Act approved June seventeenth, nineteen hun- dred and two. (April 16, 1906, c. 1631, § 5, 34 Stat. 117, amended, Feb. 24, 1911, c. 155, 36 Stat. 930.) º § 4719a. Withdrawal and reservation of tracts for parks, playgrounds, and community centers—That the Secretary of the Interior be, and he is hereby, authorized to Withdraw from Other disposition and reserve for country parks, public playgrounds, and Community centers for the use of the residents upon the lands such tracts as he may deem advisable not exceeding twenty acres in any one township in each reclamation project or the Several units of Such reclamation projects undertaken under Ch. 6B) & 4724 THE PUBLIC LANDS the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act. (Oct. 5, 1914, C. 316, § 1, 38 Stat. 727.) § 47.195. Same; water service–Subject to the provisions hereinafter contained every such tract of land so set apart shall be supplied with water from the Government irrigation system, the cost thereof to be charged to the remaining lands of the project as a part of the Construction charge of such project, and Shall be maintained and used in perpetuity by the peo- ple upon said reclaimed lands for a pleasure park, public playground, and community Center. (Oct. 5, 1914, c. 316, § 2, 38 Stat. 727.) § 4719e. Same; contract to maintain and use lands reserved for purposes prescribed—For the purpose of carrying out and effecting the objects of this Act the Secretary of the Interior is authorized to enter into a contract with the Organization formed by the OWners of the lands irrigated within said proj- ect Or project unit pursuant to Section six of the Act of June seventeenth, nineteen hundred and two, Stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this Act as such organiza- tion may desire, and that upon failure to so main- tain and use such lands, or in the event that same shall be permitted to be used or occupied for other pur- poses than those stipulated in this Act, the control of the lands.shall revert to the United States. (Oct. 5, 1914, c. 316, § 3, 38 Stat. 728.) $ 4719d. Same; disposition of lands not con- tracted for—Any of such lands not contracted for in accordance with the provisions of section three of this Act Within ten years from the time water is available. for the Same, or sooner, if the Secretary of the In- terior may deem it desirable, shall be disposed of in aCCOrdance with the public-land laws applicable there- to, and the proceeds from the disposition of lands re- Verting to the United States under the provisions of this Act, and from sales of water rights, shall be cov- ered into the reclamation fund and placed to the Credit of the project wherein the lands are situate. (Oct. 5, 1914, c. 316, § 4, 38 Stat. 728.) § 4720. Subdivision of lands into lesser areas than forty acres; farm units—Whenever, in the Opinion of the Secretary of the Interior, by reason of market Conditions and the special fitness of the Soil and climate for the growth of fruit and garden prod- uce, a lesser area than forty acres may be sufficient for the Support of a family on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of hot less than ten nor more than one hundred and sixty acres. That wherever it may be necessary, for the purpose Of a CCurate description, to further Subdivide lands to be irrigated under the provisions of Said rec- lamation Act, the Secretary of the Interior may cause Subdivision surveys to be made by the officers of the reclamation service, which subdivisions shall be rec- tangular in form, except in cases where irregular sub- divisions may be necessary in Order to provide for practicable and economical irrigation. Such subdivi- Sion Surveys shall be noted upon the tract books in the General Land Office, and they shall be paid for from the reclamation fund: Provided, That an entry- Iman may elect to enter under said reclamation Act a lesser area than the minimum limit in any State or Territory. (June 27, 1906, c. 3559, § 1, 34 Stat. 519.) § 4721. Other entry allowed, on relinquish- ment of former entry—Wherever the Secretary of the Interior, in carrying out the provisions of the reclamation Act, shall acQuire by relinquishment lands covered by a bona fide unperfected entry under the land laws of the United States, the entryman upon such tract may make another and additional entry, as though the entry thus relinquished had not been made. (June 27, 1906, c. 3559, § 2, 34 Stat. 519.) [Page 719 I § 4722. Disposal of town-sites previously set apart-Any town site heretofore set apart or estab- lished by proclamation of the President, under the pro- Visions of Sections twenty-three hundred and eighty and twenty-three hundred and eighty-one of the Re- Vised Statutes of the United States, within or in the Vicinity of any reclamation project, may be appraised and disposed of in accordance, with the provisions of the Act of Congress approved April sixteenth, nine- teen hundred and six, entitled “An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June Seven- teenth, nineteen hundred and two, and for other pur- poses;” and all necessary expenses incurred in the appraisal and sale of lands embraced within any Such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. (June 27, 1906, c. 3559, § 3, 34 Stat. 519.) - § 4723. Rights of settlers on town-sites—In the town Sites of Heyburn and Rupert, in Idaho, cre- ated and surveyed by the Government, on which to Wn Sites settlers have been allowed to establish them- Selves, and had actually established themselves prior to March fifth, nineteen hundred and six, in perma- nent buildings not easily moved, the said settlers shall be given the right- to purchase the lots so built up- On at an appraised Valuation for cash, such appraise- Iment to be made under rules to be prescribed by the Secretary of the Interior. Providing that the limita- tion on the size of townsites contained in the Act of April sixteenth, nineteen hundred and six, entitled “An Act providing for the withdrawal from public entry Of lands needed for townsite purposes in connection With irrigation projects under the reclamation Act Of June Seventeenth, nineteen hundred and tWO, and for other purposes,” shall not apply to the townsites named in this section; and whenever, in the opinion of the Secretary of the Interior, it shall be advisable for the public interest, he may withdraw and dispose of townsites in excess of one hundred and sixty acres un- der the provisions of the aforesaid Act, approved April sixteenth, nineteen hundred and six, and rec- lamation funds shall be available for the payment of all expenses incurred in executing the provisions of this Act, and the aforesaid Act of April sixteenth, nine- teen hundred and six, and the proceeds of all sales of townsites shall be covered into the reclamation fund. (June 27, 1906, c. 3559, § 4, 34 Stat. 520.) See §§ 4715–4719. - - . § 4724. Desert—land entries within exterior limits of land withdrawal or irrigation project— Where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the Construction of irrigation works for the reclamation of arid lands,” approved June seven- teenth, nineteen hundred and two, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improve- ments or from reclaiming the land embraced in any Such entry by reason of such land withdrawal or irri- gation project, the time during which the desert-land entryman has been or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or reclaim the land embraced within any such desert-land entry: Provided, That if after investigation the irrigation project has been or may be abandoned by the GOVernment, time for Com- pliance with the desert-land law by any. Such entry- man shall begin to run from the date Of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all ex- § 4725 (Tit. 32 THE PUBLIC LANDS penditures and improvements heretofore made on any such desert-land entry of which proof has been filed ; but if the reclamation project is carried to completion SO as to make available a water Supply for the land embraced in any such desert-land entry, the entryman º thereupon comply with all the provisions Of the aforesaid Act of June seventeenth, nineteen hundred and two, and shall relinquish all land embraced within his desert-land entry in excess of one hundred and sixty acres, and as to such one hundred and Sixty acres retained, he shall be entitled to make final proof and obtain patent upon compliance with the terms of pay- ment prescribed in said Act of June seventeenth, nine- teen hundred and two, and not otherwise. But noth- ing herein contained shall be held to require a desert- land entryman who owns a water right and reclaims the land embraced in his entry to accept the condi- tions of said reclamation Act. (June 27, 1906, c. 3559, § 5, 34 Stat. 520.) § 4725. Reappraisement of unsold lots in town. sites—The Secretary of the Interior is hereby author- ized, whenever he may deem it necessary, to reap- praise all unsold lots within town sites On projects un- der the reclamation Act heretofore or hereafter ap: praised under the provisions of the ACt approved April sixteenth, nineteen hundred and six, entitled An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection With irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes,” and the Act approved June twenty-seventh, nineteen hundred and six, entitled “An Act providing for the subdivision of lands entered under the rec- inmation Act, and for other purposes;” and the ºr after to proceed with the Sale of such town lotS in a; cordance with said Acts. (June 11, 1910, 9. 284, § 1, 36 Stat. 465.) § 4726. Manner of payment for town lots- In the saie of town lots under the provisions of the said Acts of April sixteenth and June twenty-seventh, nineteen hundred and six, the Secretary Of the In- terior may, in his discretion, require payments for. such town lots in full at time of sale or in annual installments, not exceeding five, With interest at the rate of six per centum per annum On deferred pay- ments. (June 11, 1910, c. 284, § 2, 36 Stat. 466) § 4727. Assignment of completed homestead entries within projects; patents—From and after the filing with the Commissioner of the General Land Office of satisfactory proof of residence, improvement, and cultivation for the five years required by law, persons who have, or shall make, homestead entries within reclamation projects under the provisions of the Act of June seventeenth, nineteen hundred and two, may assign such entries, or any part thereof, to other persons, and such assignees, upon Submit- ting proof of the reclamation of the lands and up- on payment of the charges apportioned against the same as provided in the said Act of June seventeenth, nineteen hundred and two, may receive from the TInited States a patent for the lands: Provided, That all assignments made under the provisions of this act shall be subject to the limitations, charges, terms, and conditions of the reclamation Act. Provided, That in the absence of any intervening Valid ad- verse interests any assignment made between June twenty-third, nineteen hundred and ten, and Janu- ary first, nineteen hundred and thirteen, Of land up- On which the assignor has submitted satisfactory final proof and the assignee purchased with the belief that the assignment was valid and under the Act of June twenty-third, nineteen hundred and ten, is hereby confirmed, and the assignee shall be en- titled to the land assigned as under the Act of June twenty-third, nineteen hundred and ten, notwith- Standing that said Original entry was conformed to farm units and that the part assigned was canceled and eliminated from said entry prior to the date of final proof: Provided further, That all entries so [Page 720I assigned shall be subject to the limitations, terms, and conditions of the reclamation Act and Acts amen- datory thereof , or supplemental thereto, and all of said assignees whose entries are hereby confirmed shall, as a condition to receiving patent, make the proof heretofore required of assignees. (June 23, 1910, c. 357, 36 Stat. 592, amended, May 8, 1916, c. 114, 39 Stat.) : - § 4.728. Patents to homestead entrymen. within projects; final water-right certificates— Any homestead entryman under the Act of June seventeenth, nineteen hundred and two, known as the Teclamation Act, including entrymen on ceded Indian lands, may, at any time after having complied with the provisions of law applicable to such lands as to residence, reclamation and cultivation, submit proof of such residence, reclamation and cultivation, Which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers Of water-right certificates On reclamation projects Shall be entitled to a final water-right certificate up- On proof of the cultivation and reclamation of the land to which the certificate applies, to the extent re- Quired by the reclamation Act for homestead entry- men: Provided, That no such patent or final water- right Certificate shall issue until after the payment Of all Sums due the United States On account Of Such land or water-right at the time of the submis- Sion of proof entitling the homestead or desert-land entryman to such patent or the purchaser to such final water-right certificate. (Aug. 9, 1912, c. 278, § 1, 37 Stat. 265, amended, Feb. 15, 1917, c. 71, 39 Stat. 920.) § 4729. Reservation in patents and water- right certificates of lien for sums due or to be- come due—Every patent and water-right certificate is- Sued under this Act shall expressly reserve to the |United States a prior lien on the land patented or for which water right is certified, together with all Water rights appurtenant or belonging thereto, Su- perior to all other liens, claims or demands what- SOeVer for the payment of all sums due Or to be- COme due to the United States Or its successors in Control of the irrigation project in connection with Such lands and water rights. Upon default of payment of any amount so due title to the land shall pass to the United States free Of all encumbrance, subject to the right Of the de- faulting debtor or any mortgagee, lien holder, judg- ment debtor, or subsequent purchaser to redeem the land within One year after the notice Of Such de- fault shall have been given by payment of all mon- eys due, with eight per centum interest and cost. And the United States, at its option, acting through the Secretary of the Interior, may cause land to be sold at any time after such failure to redeem, and from the proceeds of the sale there shall be paid into the reclamation fund all moneys due, with interest as herein provided, and costs. The balance of the proceeds, if any, shall be the property of the default- ing debtor or his assignee: Provided, That in case of sale after failure to redeem under this section the United States Shall be authorized to bid in Such land at not more than the amount in default, in- Cluding interest and costs. (Aug. 9, 1912, c. 278, § 2, 37 Stat. 266.) . § 4730. Certificate of final payment; limita- tion of amount of land acquired or held by one person—Upon full and final payment being made Of all amounts due on account of the building and betterment charges to the United States or its Successors in control of the project, the United States Or its successors, as the case may be, shall issue up- on request a certificate certifying that payment of the building and betterment Charges in full has been made and that the lien upon the land has been SO far satisfied and is no longer of any force Or effect except the lien for annual charges for operation and maintenance: Provided, That no person shall at any Ch. 6B) Ž 4736 THE PUBLIC LANDS IPage 721] One time or in any manner, except as hereinafter Otherwise provided, acquire, own, or hold irrigable land for which entry or water right application shall have been made under the said reclamation Act of June seventeenth, nineteen hundred and tWO, and Acts supplementary thereto and amendatory thereof, before final payment in full of all install- ments of building and betterment charges shall have been made on account Of Such land in excess Of One farm unit as fixed by the Secretary of the Interior as the limit of area per entry of public land Or per single ownership of private land for which a water right may be purchased respectively, nor in any Case in excess of One hundred and sixty acres, nor shall Water be furnished under Said Acts nor a Wa- ter right sold or recognized for such excess; but any such excess land acquired at any time in good faith by descent, by will, or by foreclosure of any lien may be held for two years and no longer after its acquisition; and every excess holding prohibited as aforesaid shall be forfeited to the United States by proceedings instituted by the Attorney General for that purpose in any court of competent jurisdic- tion; and this proviso shall be recited in every patent and water-right certificate issued by the TJnited States under the provisions of this Act. (Aug. 9, 1912, c. 278, § 3, 37 Stat. 266.) § 4731. Appointment of agents to receive payments - due on entries or water rights—The Secretary Of the Interior is hereby authorized to designate such bonded fiscal agents or officers of the Reclamation Service as he may deem advisable on each reclamation project, to whom shall be paid all sums due On reclamation entries or Water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time On a CCOUnt Of any en- try made or water right purchased under the recla- mation Act; and the Secretary of the Interior shall make provision for furnishing copies of duly all- thenticated records of entries upon payment of rea- sonable fees, which copies shall be admissible in evi- dence, as are copies authenticated under section eight hundred and eighty-eight Of the Revised Stat- utes. (Aug. 9, 1912, c. 278, § 4, 37 Stat. 267.) § 4732. Jurisdiction of district courts to enforce act—Jurisdiction Of Suits by the United States for the enforcement of the provisions of this Act is hereby conferred on the United States district Courts Of the districts in which the lands are Situ- ated. (Aug. 9, 1912, c. 278, § 5, 37 Stat. 267.) § 4732a. Provisions of Act June 23, 1910, c. 357, and Act Aug. 9, 1912, c. 278, extended to Flathead irrigation project; to include sums due—That the provisions of the Act of June twenty- third, nineteen hundred and ten (Thirty-sixth Stat- utes at Large, page five hundred and ninety-two), authorizing the assignment under certain conditions of homesteads within reclamation projects, and of the Act of August ninth, nineteen, hundred and twelve (Thirty-seventh Statutes at Large, page two hundred and sixty-five), authorizing. under certain Conditions the issuance Of patents On reclamation en- tries, and for Other purposes, be, and the same are hereby, extended and made applicable to lands within the Flathead irrigation project, in the former Flat- head Indian Reservation, MOntana, but Such lands shall otherwise be subject to the provisions of the Act of Congress approved April twenty-third, nine- teen hundred and four (Thirty-third Statutes at Large, page three hundred and two), as amended by the Act of Congress approved May twenty-ninth, Inineteen hundred and eight (Thirty-fifth Statutes at Large, page four hundred and forty-eight): Provided, That the lien reserved to the United States On the land patented, as provided for in section two of said Act of August ninth, nineteen hundred and twelve, shall include all sums due Or to become due to the COMP.S.T.’18–46 |United States on account of the Indian price of Such land. (July 17, 1914, c. 143, 38 Stat. 510.) See §§ 4727–4732. § 4733. Assignment of desert-land entries within projects—A, desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under the Act of March twenty-eighth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page fifty-two), and the benefits and limitations of the Act of June twenty- seventh, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and twenty), shall apply to such desert-land entryman and his assignees: Provided, That all such assignments shall conform to and be in accordance with farm units to be established by the Secretary of the Interior upon the application of the desert-land entryman. All Such assignments heretofore made in good faith Shall be recognized under this Act. (July 24, 1912, c. 251, 37 Stat. 200.) See §§ 4674–4680, 4720-4724. - § 4734. Patents to desert-land entrymen within projects; proof required—Any desert-land entryman whose desert-land entry has been embrac- ed within the exterior limits of any land withdrawal Or irrigation project under the Act of June seven- teenth, nineteen hundred and two, known as the reclamation Act, and who may have obtained -a water supply for the land embraced in any such desert-land entry from the reclamation project by the purchase of a Water-right certificate, may at any time after having complied with the provisions Of the law applicable to such lands and upon proof Of the cultivation and reclamation of the land to the extent required by the reclamation Act for homestead entrymen, submit proof of such compli- ance, which proof, if found regular and satisfactory, Shall entitle the entryman to a patent and a final Water-right Certificate under the same terms and COnditions as required of homestead entrymen under the Act entitled “An Act providing for patents on reclamation entries, and for other purposes, approv- ed August ninth, nineteen hundred and twelve.” (Aug. 26, 1912, c. 408, § 1, 37 Stat. 610.) See §§ 4728–4732. § 4734a. Entry for farm unit on lands with- drawn—Any person who has heretofore established residence upon and improved any tract of land within the irrigable area of the Yuma reclamation project in Arizona withdrawn from entry under the provisions Of the reclamation law and Acts supplementary there- to and amendatory thereof, and who shall have made Valuable improvements upon Such lands, and who has resided thereon in good faith for two years prior to the passage of this Act, may make entry for the farm unit upon which his residence is established, and that such residence and improvements heretofore made shall be credited upon his final proof. (Aug. 17, 1916, c. 349, 39 Stat. 516.) § 4735. Leaves of absence to homestead entry- men—All qualified entrymen who have heretofore made bona fide entry upon lands proposed to be irri- gated under the provisions Of the Act of June seven- teenth, nineteen hundred and two, known as the na- tional irrigation Act, may, upon application and a showing that they have made substantial improve- ments, and that water is not available for the irriga- tion of their said lands, within the discretion of the Secretary of the Interior, obtain leave of absence from their entries, until water for irrigation is turned into the main irrigation Canals from which the land is to be irrigated: Provided, That the period of actual absence under this Act shall not be deducted from the full time of residence required by law. (June 25, 1910, c. 432, 36 Stat. 864.) § 4736. Homestead entries made prior to June 25, 1910, within projects not subject to contest —No qualified entryman who prior to June twenty- 4 4.737 (Tit. 32 THE PUBLIC LANDS IPage 722I *. fifth, nineteen hundred and ten, made bona fide entry upon lands proposed to be irrigated under the provi- SiOns Of the Act of June seventeenth, nineteen hun- Čired and two, the national reclamation law, and who established residence in good faith upon the lands entered by him, shall be subject to contest for failure to maintain residence or make improvements upon his land prior to the time when water is available for the irrigation of the lands embraced in his entry, but all such entrymen shall, within ninety days aft- er the issuance of the public notice required by Sec- tion four of the reclamation Act, fixing the date when water will be available for irrigation, file in the local land office a water-right application for the irrigable lands embraced in his entry, in conformity with the public notice and approved farm-unit plat for the township in which his entry lies, and shall also file an affidavit that he has reestablished his residence On the land with the intention of maintaining the same for a period sufficient to enable him to make final proof: Provided, That no such entryman shall be entitled to have Counted as part of the required pe- riod of residence any period of time during which he was not actually upon the said land prior to the date of the notice aforesaid, and no application for the en- try of said lands shall be received until after the ex- piration of the ninety days after the issuance of notice within which the entryman is hereby required to rees- tablish his residence and apply for water right. (April 30, 1912, c. 100, 37 Stat. 105.) § 4.737. Withdrawal of notices of lands irri- gable—The Secretary of the Interior may, in his discretion, withdraw any public notice heretofore is- sued under section four of the reclamation Act of June seventeenth, nineteen hundred and two, and he may agree to such modification of water-right appli- Gations heretofore duly filed Or contracts with Water users’ associations and others, entered into prior to the passage of this Act, as he may deem advisable, or he may consent to the abrogation of such water- right applications and contracts, and proceed in all respects as if no such notice had been given. (Feb. 13, 1911, c. 49, 36 Stat. 902.) - § 4738. Contracts for excess storage or carry- ing capacity with irrigation systems under Carey Act, for distribution of water to individual users . —Whenever in carrying out the provisions of the rec- lamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secre- tary of the Interior, preserving a first right to lands and entrymen under the project, is hereby authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation Systems Operating un- der the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and indi- viduals, corporations, associations, and irrigation dis- tricts organized for or engaged in furnishing or in dis- tributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made: Provided, however, That water so impounded, stored, or carried shall not be used otherwise than as pre- scribed by law as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, Corporation, association, district, Or individual, as herein provided, the Secretary shall take into consid- eration the COst Of construction and maintenance Of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and Such Charges shall be just and equitable as to water users under the Government project. No irri- gation System, district, association, corporation, or individual SO contracting shall make any charge for the Storage, carriage, or delivery of such water in ex- CeSS Of the charge paid to the United States except to Such extent as may be reasonably necessary to cov- . er COst of carriage and delivery of such water through their works. (Feb. 21, 1911, c. 141, § 1, 36 stat. 925.) § 4739. Co-operation with irrigation districts or water users, for construction or use of reser- voirs or canals—In carrying out the provisions of Said reclamation Act and Acts amendatory thereof or Supplementary thereto, the Secretary of the Interior is authorized, upon such terms as may be agreed upon, to COOperate with irrigation districts, water users as- SOciations, corporations, entrymen or water users for the Construction or use of such reservoirs, canals, or ditches as may be advantageously used by the Govern- ment and irrigation districts, water users associa- tions, Corporations, entrymen or water users for im- pounding, delivering and carrying water for irrigation purposes: Provided, That the title to and manage- ment Of the works SO Constructed shall be subject to the provisions of section six of said Act: Provided further, That water shall not be furnished from any Such reservoir or delivered through any such canal or ditch to any one landowner in excess of an amount Sufficient to irrigate one hundred and sixty acres: Provided, That nothing contained in this Act shall be held or construed as enlarging or attempting to en- large the right of the United States, under existing law, to COntrol the waters of any stream in any State. (Feb. 21, 1911, c. 141, § 2, 36 Stat. 926.) § 4740. Proceeds of contracts to be covered into reclamation fund—The moneys received in pur- Suance Of Such contracts shall be COvered into the rec- lamation fund and be available for use under the terms of the reclamation Act and the Acts amenda- tory thereof or supplementary thereto. (Feb. 21, 1911, c. 141, § 3, 36 Stat. 926.) . § 4741. Use of earth, stone, and timber from public lands and forest reserves—In carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two, and in . Constructing works thereunder, the Secretary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be pre- Scribed by him, such earth, stone, and timber from the public lands of the United States as may be re- quired in the construction of such works, and the Sec- retary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. (Feb. 8, 1905, c. 552, 33 Stat. 706.) § 4742. Disposition of proceeds of sales of ma- terial and other property—There shall be covered into the reclamation fund established under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, the proceeds of the Sales Of material utilized for temporary work and structures in connection with the operations under the said Act, as well as of the sales of all other condemned property which had been purchased under the provi- sions thereof, and also any moneys refunded in. Con- nection with the operations under said reclamation Act. (March 3, 1905, c. 1459, 33 Stat. 1032.) § 4743. Expenditure from reclamation fund for rent of offices—The Secretary of the Interior may authorize Such expenditure as may be necessary, not exceeding a total of eight thousand dollars an- nually, for rent of office accommodations in the city of . Washington, District of Columbia, for the Recla- mation Service, payable from the Reclamation fund, established by Act approved June seventeenth, nine- teen hundred and two, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the Construc- tion of irrigation works for the reclamation of arid lands.” (June 30, 1906, c. 3912, § 1, 34 Stat. 663.) Ch. 7) Ž 4752 THE PUBLIC LANDS º [Page 723] § 4744. Purchase of books needed in surveys and examinations—The Secretary of the Interior may authorize the purchase of such law books, books of reference, periodicals, engineering and statistical publications as are needed in carrying out the Surveys and examinations authorized by the Act of June Sev- enteenth, nineteen hundred and two, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories for the construction of irrigation works for the reclama- tion of arid lands.” (May 27, 1908, c. 200, § 1, 35 Stat. 350.) - $ 4745. Assignments of pay by employés of Reclamation Service—The Secretary Of the Inte- rior is hereby authorized to permit the employees of the Reclamation Service, while employed in the field, to make assignments of their pay under Such regula- tions as he may prescribe. (May 27, 1908, c. 200, § 1, 35 Stat. 350.) - § 4746. Sale of lands acquired; appraise- ment; notice—Whenever in the opinion of the Sec- retary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-Sec- ond Statutes, page three hundred and eighty-eight), commonly called the “reclamation Act,” Or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works—Con- templated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, to- gether - with the improvements thereon, to be ap- praised by three disinterested persons, to be appoint- ed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. (Feb. 2, 1911, c. 32, § 1, 36 Stat. 895.) § 4747. Same; conveyance to purchaser; limitation of amount—Upon payment of the pur- chase price, the Secretary of the Interior is author- ized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or condi- tions as said Secretary may deem proper: Provided, That not Over One hundred and Sixty acres shall be sold to any one person. (Feb. 2, 1911, c. 32, § 2, 36 Stat. 895.) § 4748. Same; proceeds covered into recla- mation fund and credited to project—The mon- eys derived from the sale of such lands shall be Covered into the reclamation fund and be placed to the credit of the project for which Such lands had been acquired. (Feb. 2, 1911, c. 32, § 3, 36 Stat. 895.) § 4749. Change of levels of lakes, in Oregon. and California—The Secretary of the Interior is hereby authorized in carrying out any irrigation project that may be undertaken by him under the terms and conditions of the national reclamation Act and which may involve the changing of the levels of Lower or Tittle Klamath Lake, Tule or Rhett Lake, and Goose Lake, or any river or other body of water connected therewith, in the States of Ore- gon and California, to raise or lower the level of Said lakes as may be necessary and to dispose of any lands which may come into the possession of the United States as a result thereof by cession of any State or otherwise under the terms and condi- tions of the national reclamation Act. (Feb. 9, 1905, c. 567, 33 Stat. 714.) § 4750. Construction of dams in or across Yellowstone River in Montana—Where, in carry- ing Out projects under the provisions Of the national reclamation Act, it shall be necessary to construct dams in or across the Yellowstone River in the State Of Montana, the Secretary of the Interior is hereby authorized to construct and use and operate the Same in the manner and for the purposes contem- plated by said reclamation Act. (March 3, 1905, c. 1476, 33 Stat. 1045.) - Chapter Seven—Sale and Disposal of the Public Lands Sec. 4751. Public sale in half quarter-sections. 4752. Sale of saline lands. 4753. Public sale forbidden; exceptions. 4754. Private sales; in what bodies. 4755. Same; proceedings. 4756. Credit on sales. 4757. Price of lands. 4758. Price of alternate sections of railroad lands. 4759. sº mineral lands; persons not entitled to benefit of a CI. 4760. Private entry of lands forbidden; exceptions. 4761. Price of forfeited railroad lands and lands adjacent to railroad lands. 4762. Effect of act on previous provisions. 4763. Pºtion between offered and unoffered lands abol- 1SIlê01. - 4764. Private sale of lands in Missouri. 4765. Sale for cemetery purposes. 4766. Offer for sale in proportions chosen by President. 4767. Advertisement of sales. 4768. Publication of proclamations of sales. 4769. Duration of sales. 4770. Several certificates to two or more purchasers of same -— --------section.T T T T 4771. Refund of purchase-money. 4772. Same; how done. w 4773. Minimum price, how fixed when reservations sold. 4774. Highest bidder, when preferred in private sales. 4775. Coin receivable in payment. 4776. Purchase of lands located in good faith by claims aris- ing under treaty of Sept. 30, 1854. 4777. Mistakes in entry, provisions for. 4778. Mistakes in patent lands. 4779. Mistakes in location of Warrants. 4780. Error in entry, selection, or location by mistake of Inumbers. 4781. Agreements to pay premium to purchasers. 4782. Same; recovery of premiums paid. 4783. Same; discovery of agreements. § 4751. Public sale in half quarter-sections —All the public lands, the sale. Of Which is authoriz- ed by law, shall, when offered at public sale to the highest bidder, be offered in half quarter-sections. (R. S. § 2353.) r § 4752. Sale of saline lands—Whenever it shall be made appear to the register and the receiver Of any land office of the United States that any lands within their district are saline in chapacter, it shall be the duty of said register and said receiver, un- der the regulations of the General Land . Office, to täke testimony in reference to such lands to ascer- tain their true character, and to report the same to the General Land Office; and if, upon Such testi- mony, the Commissioner of the General Land office shall find that such lands are saline and incapable of being purchased under any of the laws of the United States relative to the public domain, then, and in Such case, such lands shall be offered for Sale by public auction at the local land Office of the district in which the same shall be situated, un- der such regulations as shall be prescribed by the Commissioner of the General Land office, and sold to the highest bidder for cash, at a price not less than one dollar and twenty-five cents per acre; and in case said lands fail to sell when so offered, then the same shall be subject to private sale, at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as Other lands of the United States are Sold, Provided, That the foregoing enactments shall not apply to any State or Territory which has not had a grant of Salines by act of Congress, nor to any State which may have had such a grant, until either the grant has been fully satisfied, or the right of Selection thereunder has expired by efflux Of time. But nothing in this act shall authorize the Sale Or ConVeyance of any title other than such as the United States has, and the patents issued shall 3 4753 (Tit, 32 THE PUBLIC LANDS [Page 724] be in the form of a release and quit-claim of all title of the United States in such lands. (Jan. 12, 1877, c. 18, § 1, 19 Stat. 221.) - § 4753. Public sale forbidden; exceptions- Hereafter no public lands of the United States, ex- cept abandoned military or other reservations isolat- ed and disconnected fractional tracts authorized to be sold by section twenty-four hundred and fifty-five of the Revised Statutes, and mineral and other lands the sale of which at public auction has been authorized by acts of Congress of a special nature having local application, shall be sold at public sale. (March 3, 1891, c. 561, § 9, 26 Stat. 1099.) R. S. § 2455, is $ 5110. • § 4754. Private sales; in what Thodies—All the public lands, when offered at private sale, may be purchased, at the Option of the purchaser, in entire sections, half-sections, quarter-sections, half Quarter-sections, or quarter quarter-sections. (R. S. § 2354.) - § 4755. Same; proceedings—Every person making application at any of the land-offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memo- randum in writing, describing the tract, which, he shall enter by the proper number of the section, half-section, quarter-section, half quarter-section, Or quarter quarter-section, as the Case may be, and of the township and range, subscribing his name there- to, which memorandum the register shall file and preserve in his office. (R. S. § 2355.) - § 4756. Credit on sales—Credit shall not be al- lowed for the purchase-money on the sale of any of the public lands, but every purchaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the iand-office a receipt from the Treasurer of the United States, or from the receiver of public mon- eys of the district, for the amount of the purchase- money on any tract, before he enters, the same at the land-Office; * est bidder at public sale for a tract of land, fails to make payment therefor on the day On which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the pur- chaser of that or any other tract offered at Such public sales. (R. S. § 2356.) § 4757. Price of lands—The price at which the public lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who makes payment as provided in the preceding section, shall be the pur- chaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale, a CCOrding to law, and remain unsold at the close of Such public sales, shall be subject to be sold at private sale, by entry at the land-office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limits granted by any act of Congress, shall be two dollars and fifty cents per acre. (R. S. § 2357.) § 4758. Price of , alternate sections of rail- road lands—The price of lands now subject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty one, by reason of the grant of alternate sections for railroad purposes is hereby reduced to one dollar and twenty-five cents per acre. (June 15, 1880, c. 227, § 3, 21 Stat. 238.) § 4759. Same; mineral lands; persons not entitled to benefit of act—This act shall not ap- ply to any of the mineral lands of the United States; and if any person, being the high- . and no person who shall be prosecuted for Or pro- ceeded against on account of any trespass Commit- ted or material taken from any of the public lands after March first, eighteen hundred and seventy-nine shall be entitled to the benefit thereof. (June 15, 1880, c. 227, § 4, 21 Stat. 238.) § 4760. Private entry of lands forbidden; ex- ceptions—From and after the passage of this act no public lands of the United States, except those in the State of Missouri shall be subject to private entry. (March 2, 1889, c. 381, § 1, 25 Stat. 854.) § 4761. Price of forfeited railroad lands and lands adjacent to railroad lands—The price Of all sections and parts of sections of the public lands With- in the limits of the portions of the several grants of lands to aid in the Construction. Of railroads Which have been heretOfore and which may hereafter be forfeited, which Were by the act making such grants or have Since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the portions Of the line of any Such railroad which shall not be completed at the date Of this act, is hereby fixed at one dollar and twenty- ; Cents per acre. (March 2, 1889, c. 381, § 4, 25 Stat. See §§ 5003–5006. - - § 4762. Effect of act on previous provisions— Nothing in this act shall be construed as suspending, repealing Or in any way rendering inoperative the pro- Visions of the act entitled, “An act to provide for the disposal of abandoned and useless military reserva- tions,” approved July fifth, eighteen hundred and eighty-four. (March 2, 1889, c. 381, § 8, 25 Stat. 855.) § 4763. Distinction between offered and unof- fered lands abolished—In cases arising from and after the passage of this Act the distinction now ob- taining in the statutes between offered and unoffered lands shall no longer be made in passing upon sub- Sisting preemption claims, in disposing of the public lands under the homestead laws, and under the tim- ber and Stone law of June third, eighteen hundred and Seventy-eight, as extended by the Act of August fourth, eighteen hundred and ninety-two, but in all such cas- es hereafter arising the land in question shall be treated as unoffered, without regard to whether it may have actually been at some time offered or not. (May 18, 1898, c. 344, § 1, 30 Stat. 418.) g § 4764. Private sale of lands in Missouri—All public lands within the State of Missouri shall here- after be subject to disposal at private sale in the manner now provided by law for the sale of lands Which have been publicly Offered for sale, whether Such lands have ever been offered at public sale or not : Provided, That the actual Settlers shall have a preference right, under Such rules and regulations as the Secretary of the Interior may prescribe. (May 18, 1898, c. 344, § 2, 30 Stat. 418.) § 4765. Sale for cemetery purposes—That the Secretary of the Interior be, and he is hereby, au- thorized to sell and Convey to any religious Or fra- ternal association, or private Corporation, empowered by the laws under which such Corporation or associa- tion is Organized Or incorporated to hold real estate for Cemetery purposes, not to exceed eighty acres of any unappropriated nonmineral public lands of the TInited States, for cemetery purposes, upon the pay- ment therefor by such corporation or association of the sum of not less than one dollar and twenty-five cents per acre: Provided, That title to any land dis- posed of under the provisions of this Act shall revert to the United States, should the land or any part there- of be sold or cease to be used for the purpose herein provided. (March 1, 1907, c. 2286, 34 Stat. 1052.) § 4766. Offered for sale in proportions chosen Thy President—Whenever the President is authorized to cause the public lands, in any land-district, to be offered for sale, he may offer for sale, at first, Only a part of the lands contained in Such district, and at Ch. 7) 3 4780 THE PUBLIC LANDS any subsequent time or times he may offer for Sale in the same manner any other part, or the remainder of the lands contained in the same. (R. S. § 2358.) § 4767. Advertisement of sales—The public lands which are exposed to public sale by Order of the President shall be advertised for a period. Of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. (R. S. § 2359.) § 4768. Publication of proclamations of sales —All executive proclamations relating to the Sales of Public Lands shall be published in Only One news- paper, the same to be printed and published in the State or Territory where the lands are situated, and to be designated by the Secretary of the Interior. (Jan. 12, 1877, c. 18, § 2, 19 Stat. 221.) § 4769. Duration of sales—The public Sales of lands shall, respectively, be kept open for two Weeks, and no longer, unless otherwise specially provided by law. (R. S. § 2360.) § 4770. Several certificates to two or more purehasers of same section—Where two Or more persons have become purchasers of a section. Or frac- tional section, the register of the land-office of the district in which the lands lie shall, on application of the parties, and a surrender of the original Certifi- cate, issue separate certificates, of the same date with the original, -to-each of the purchasers, or their as- signees, in conformity with the division agreed on by them ; but in no case shall the fractions SO purchased be divided by other than north and South, or east and west, lines; nor shall any certificate issue for less than eighty acres. (R. S. § 2361.) § 4771. Refund of purchase-money—The Secre- tary of the Interior is authorized, upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, SO that from any cause the sale cannot be Confirmed, to re- pay to the purchaser, or to his legal representatives Or assignees, the sum of money Which Was paid there- for, out of any money in the Treasury not otherwise appropriated. (R. S. § 2362.) § 4772. Same; how , done—Where any tract of land has been erroneously sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust-fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, Or Out Of Such trust-fund, to repay the pur- Chase-money to the parties entitled thereto. (R. S. § 2363.) § 4773. Minimum price, how fixed when reser- vations sold—Whenever any reservation of public lands is brought into market, the Commissioner of the General Land-Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. (R. S. § 2364.) § 4774. Highest bidder, when preferred in private sales—Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the pref- . erence, by forthwith offering the tract to the highest bidder. (R. S. § 2365.) § 4775. Coin receivable in payment—The gold Coins of Great Britain and other foreign coins shall be received in all payments on account of public lands, at the value estimated annually by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in a CCOrdance with the provisions of Sec- tion thirty-five hundred and sixty-four, Title, “The Coinage.” (R. S. § 2366.) R. S. § 3564, was superseded by § 6536 (q. v.). (R. S. § 2367. Superseded.) This section provided that wherever lands in California, subject to private entry, were withdrawn from the market for any cause, they should not thereafter be subject to private entry until after they had been open to homestead and pre-emption settlers for 90 days, and again offered at public sale. It was superseded by the withdrawal of all Fººds. except those in Missouri, from private entry, y t - - § 4776. Purchase of lands located in good faith Thy claims arising under treaty of Sept. 30, 1854 —The Secretary of the Interior is authorized to per- mit the purchase, with cash or military bounty-land Warrants, of Such lands as may have been located with claims arising under the seventh clause of the second article of the treaty of September thirty, eight- een hundred and fifty-four, at such price per acre as he deems equitable and proper, but not at a less price than One dollar and twenty-five CentS per a Cre, and the OWners and holders Of Such claims in good faith are also permitted to complete their entries, and to perfect their titles under such claims upon compli- ance With the terms above mentioned ; but it must be shown to the satisfaction of the Secretary of the In- terior that such claims are held by innocent parties in good faith, and that the locations made under such Claims have been made in good faith and by inno- cent holders of the same. (R. S. § 2368.) § 4777. Mistakes in entry, provisions for—In every case of a purchaser of public lands, at private Sale, having entered at the land-office, a tract differ- ent from that he intended to purchase, and being de- Sirous Of having the error -in-his- entry corrected; he Shall make his application for that purpose to the reg- ister of the land-office; and if it appears from tes- timony satisfactory to the register and receiver, that an error in the entry has been made, and that the Same Was occasioned by Original incorrect marks made by the surveyor, or by the obliteration or change of the Original marks and numbers at Corners of the tract Of land ; Or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land-office, the register and receiver shall report the Case, with the testimony, and their opinion there- On, to the Secretary of the Interior, who is authoriz- ed to direct that the purchaser is at liberty to with- draw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of Other lands in the same district, or Cred- ited in the payment for other lands which have been purchased at the same office. (R. S. § 2369.) § 4778. Mistakes in patent lands—The provi- Sions of the preceding section are declared to extend to all Cases where patents have issued or may hereaft- er issue; upon Condition, however, that the party Con- Cerned Surrenders his patent to the Commissioner of the General Land-Office, with a relinquishment of ti- tle thereon, executed in a form to be prescribed by the Secretary of the Interior. (R. S. § 2370.) § 4779. Mistakes in location of warrants—The provisions of the two preceding sections are made ap- plicable in all respects to errors in the location of land-warrants. (R. S. § 2371.) § 4780. Error in entry, selection, or location by mistake of numbers—In all cases where an en- try, selection, or location has been or shall hereafter be made Of a tract of land not intended to be entered, the entryman, selector, or locator, or, in case of his death, his legal representatives, or, when the claim is by law transferable, his Or their transferees, may, in any case coming within the provisions of this section, file his Or their affidavit, with Such additional evi- dence as can be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precaution and exertion was used to avoid the error, with the register and receiver Of the land district in which Such tract Of land is situate, who should transmit the evidence submitted to them, in each case, together with their written Opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made and that every reasonable precaution and exer- tion has been made to avoid it, is authorized to change £ 4781 (Tit. 32 THE PUBLIC LANDS [Page 726] º the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or, if not subject to entry, then to any other tract liable to Such entry, selection, or location ; but the oath of the person interested shall in no Case be deemed Sufficient, in the absence of other Corroborat- ing testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons. (R. S. § 2372, amended, Feb. 24, 1909, c. 181, 35 Stat. 645.) (R. S. § 2373. Repealed.) This section, imposing a penalty for smothering bids at sales of lands, etc., was incorporated into the Criminal $º,6 10226), and was repealed by § 341 of said Code (§ {D tº § 4781. Agreements to pay premium to pur- chasers—If any person before, or at the time of the public sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchas- ers for such land a sum of money or other article of property, over and above the price at which the land is bid off by such purchasers, every such con- tract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void. (R. S. § 2374.) § 4782. Same; recovery of premiums paid— Every person being a party to Such contract, bargain, agreement, or secret understanding, who pays to such purchaser any sum of money or other article of value, over and above the purchase-money of such land, may Sue for and recover such excess from Such purchaser in any court having jurisdiction of the same. (R. S. § 2375.) * - § 4783. Same; discovery of agreements—If the party aggrieved have no legal evidence of such con- tract, bargain, agreement, or secret understanding, or Of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the bill is pending may pro- ceed to final decree between the parties to the same; but every such suit either in law or equity shall be Commenced within six years next after the Sale of such land by the United States. (R. S. § 2376.) Chapter Eight—Reservation and Sale of Town-Sites on the Public Lands Sec. - 4784. Town-sites to be reserved. 4785. Reservations surveyed into lots. 4786. Town, or city sites. 4787. When towns established on unsurveyed lands; exten- : Sion limits. * . . 4788. Transcript maps not filed in twelve months. 4789. Size of lots or plat varying from general rule. 4790. Title to lots subject to mineral rights. 4791. Entry of town authorities in trust for occupants. 4792. Same ; when to be made. - 4793. Entry, in proportion to number of inhabitants. 4794. Quantity of land excluded from homestead entry. 4795. Tºte exceeding maximum; excess opened to settle- Iſl 911. , t - - 4796. Town-site less than maximum; additional entry. 4797. Acts of trustees. * - 4798. Title acquired to gold mines or mining-claims. 4799. Town-site entries on mineral lands; title to minerals - and claims not acquired. - - - * 4800. Military or other reservations. & 4801. Inhabitants of towns on public lands; right to enter. 4802. Entries by cities and towns for cemetery and park pur- - poses. 4802a. Pºts to transferees of town lots purchased at public S3,16) § 4784. Town-sites to be reserved—The Presi- dent is authorized to reserve from the public lands, whether Surveyed or unsurveyed, town-sites On the shores of harbors, at the junction of rivers, import- ant portages, or any natural or prospective centers of population. (R. S. § 2380.) .” - | § 4785. Reservations surveyed into lots- When, in the opinion of the President, the public interests require it, it shall be the duty of the Secre- tary of the Interior to cause any of such reservations, Or part thereof, to be surveyed into urban or subur- ban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the high- est bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the register and receiver of the land-office, in the district in which the reservations may be situated, in accord- ance with the instructions of the Commissioner of the General Land-Office. (R. S. § 2381.) i § 4786. Town or city sites—In any case in which parties have already founded, or may here- after desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public sur- Veys, where Such Surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred Square feet, with a statement Of the extent and general Char- acter of the improvements; such map and state- ment to be verified under oath by the party acting for and in behalf of the persons proposing to estab- lish such city or town; and within one month after such filing there shall be transmitted to the General Land-Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been estab- lished in good faith, and when the premises are Within the limits of an Organized land-district, a simi- lar map and statement shall be filed with the reg- ister and receiver, and at any time after the filing of such map, statement, and testimony in the Gen- eral Land-Office it may be lawful for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the high- est bidder, subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, Or at such reasonable in- crease or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months’ notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. (R. S. § 2382.) § 4787. When towns established on unsur- veyed lands; extension limits—When such cities or towns are established upon unsurveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the prem- ises according to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in Ordinary cases. (R. S. § 2383.) • - § 4788. Transcript maps not filed in twelve months—If within twelve months from the establish- ment of a city or town on the public domain, the parties interested refuse or fail to file in the General Land-Office a transcript map, with the statement and testimony called for by the provisions of sec. Ch. 8) 3 4798 THE PUBLIC LANDS IPage 727 i tion twenty-three hundred and eighty-two, it may be lawful for the Secretary of the Interior to cause a Survey and plat to be made of such City or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this excep- tion, that they shall each be at an increase of fifty per Centum On the minimum of ten dollars per lot. (R. S. § 2384.) § 4789. Size of lots or plat varying from general rule—In the Case Of any City or town, in which the lots may be variant as to size from the limitation fixed in section twenty-three hundred and eighty-two, and in which the lots and buildings, as Imunicipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. (R. S. § 2385.) * § 4790. Title to iots subject to mineral rights —Where mineral veins are possessed, which posses- sion is recognized by local authority, and to the ex- tent so possessed and recognized, the title to toWn- lots to be acquired shall be subject to such recognized- possession and the necessary use thereof; but noth- ing contained in this section shall be so Construed as to recognize any color of title in possessors for mining purposes as against the United States. (R. S. § 2386.) § 4791. Entry of town authorities in ... trust for occupants—Whenever any portion of the public lands have been or may be settled upon and occupied as a town-site, not subject to entry under the agri- cultural pre-emption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county Court for the County in which such town is situated, to enter at the proper land-office, and at the minimum price, the land so settled and OCCu- pied in trust for the several use and benefit of the occupants thereof, according to their respective in- terests; the execution of which trust, as to the dis- posal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regu- lations as may be prescribed by the legislative au- thority of the State or Territory in which the same may be situated. (R. S. § 2387.) § 4792. Same; when to be made—The entry of the land provided for in the preceding section shall be made, or a declaratory statement of the purpose Of the inhabitants to enter it as a town-Site shall be filed with the register of the proper land-office, prior to the Commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any Terri- tory in which a land-Office may not have been es- tablished, such declaratory statements may be filed with the surveyor-general of the Surveying-district in which the lands are situated; who shall trans- mit the same to the General Land-Office. (R. S. § 2388.) § 4793. IEntry in proportion to number of inhabitants—If upon surveyed lands, the entry shall in its exterior limit be made in conformity to the legal Subdivisions Of the public lands authorized by law; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty. acres; and in Cases where the inhabitants Of Such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty a Cres; and Where the number Of inhabitants is One thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceed- ing five thousand in all, a further grant of three hundred and twenty acres shall be allowed. (R. S. § 2389.) (R. S. § 2390. Temporary.) This section provided that the words “not exceeding five thousand in all,” in the preceding section, should not ap- ply to Salt Lake City, Utah, but that lands might be en- tered for the full number of inhabitants of that city, not exceeding fifteen thousand, and also provided that it might embrace the school section number 36, covered by the city, for which indemnity should be given when a grant Was made of the sections for school purposes. It is omitted as temporary merely and executed. § 4794. Quantity of land excluded from homestead entry—The existence or incorporation of any town upon the public lands of the United States shall not be held to exclude from ſpre-emption Orl homestead entry a greater quantity than twenty-five hundred and sixty acres of land, Or the maximum area which may be entered as a town-site under eX- isting laws, unless the entire tract claimed Or in- corporated as such town-site shall, including and in excess of the area above specified, be actually Set- tled upon, inhabited, improved, and used for busi- ness and municipal purposes. (March 3, 1877, c. 113, § 1, 19 Stat. 392.) Text inclosed in brackets superseded by repeal of pre- emption –laws –by–Act –March 3, 1891, c. 561, § 4, 26 Stat. 1097. § 4795. Town-site exceeding maximum; ex- eess opened to settlement—Whenever the COrpO- rate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area specified in section one of this act, the Commissioner Of the General Land Office may require the authorities of such town, and it shall be lawful for them, to elect what portion of said lands, in compact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from [pre-emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead [and pre-emp- tion] laws. And upon default of said town authori- ties to make such, selection within sixty days after notification by the Commissioner, he may direct tes- timony respecting the actual location and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same, he may de- termine and set off the proper site according to sec- tion one of this act, and declare the remaining lands Open to settlement and entry under the homestead [and pre-emption] laws; * * (March 3, 1877, c. 113, § 3, 19 Stat. 392.) See § 4794 and note. § 4796. Town-site less than maximum; addi- tional entry—It shall be lawful for any town which has made, or may hereafter make entry of less than the maximum quantity of land named in section twen- ty-three hundred and eighty-nine of the Revised Stat- utes to make such additional entry, Or entries, of COn- tiguous tracts, which may be occupied for town pur- poses as when added to the entry or entries therefore made will not exceed twenty-five hundred and sixty acres: Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section twenty-three hundred and eighty-nine. (March 3, 1877, c. 113, § 4, 19 Stat. 392.) R. S. § 2389, is § 4793. § 4797. Acts of trustees—Any act of the trus- tees not made in Conformity to the regulations allud- ed to in Section twenty-three hundred and eighty-seven shall be void. (R. S. § 2391.) R. S. § 2387, is § 4791. § 4.798. Title acquired to gold-mines or min- ing-claims—No title shall be acquired, under the foregoing provisions of this chapter, to any mine Of gold, silver, cinnabar, or copper; or to any Valid min- 3 4799 THE PUBLIC LANDS (Tit. 32. [Page 728] . ing-Claim or possession held under existing laws. (R. satisfactory evidence of the transfer has been fur- S. § 2392.) - § 4799. Town-site entries on mineral lands; title to minerals and claims not acquired—Town- Site entries may be made by incorporated towns and Cities on the mineral lands of the United States, but Ino title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under eX- isting law. When mineral veins are possessed within the limits of an incorporated town or City, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the nec- essary use thereof and when entry has been made Or patent issued for such town sites to such incorporated town Or City, the possessor of such mineral vein may enter and receive patent for Such mineral vein, and the surface ground appertaining thereto: That no entry shall be made by such mineral-vein Claimant for surface ground where the owner or oc- Cupier of the Surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. (March 3, 1891, c. 561, § 16, 26 Stat. 1101.) - - § 4800. Military or other reservations—The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, custom- houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land-Office by title derived from the Crown of Spain, or otherwise. (R. S. § 2393.) - § 4801. Inhabitants of towns on public lands; right to enter—The inhabitants of any town located On the public lands may avail themselves, if the town authorities choose to do so, of the provisions of Sec- tions twenty-three hundred and eighty-seven, twenty- three hundred and eighty-eight, and twenty-three hun- dred and eighty-nine; and in addition to the mini- mum price of the lands embracing any town-site SO entered, there shall be paid by the parties availing themselves of such provisions all costs of Surveying and platting any such town-site, and expenses incident thereto incurred by the United States, before any pat- ent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance Of pat- ents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town-sites in this chapter set forth. (R. S. § 2394.) R. S. §§ 2387, 2388, 2389, are $$ 4791-4793. § 4802. Entries by cities and towns for ceme- tery and park purposes—Incorporated cities and towns shall have the right, under rules and regula- tions prescribed by the Secretary of the Interior, to purchase for cemetery and park purposes not exceed- ing one-quarter section of public lands not reserved . for public use, such lands to be within three miles of such cities or towns: Provided, That when Such city or town is situated within a mining district, the land proposed to be taken under this act shall be Con- sidered as mineral lands, and patent to such land shall not authorize such city or town to extract min- eral therefrom, but all such mineral shall be reserv- ed to the United States, and such reservation shall be entered into such patent. (Sept. 30, 1890, c. 1121, 26 Stat. 502.) . - § 4802a. Patents to transferees of town lots purchased at public sale–In all cases where town lots were sold by the United States at public sale, and the purchaser at such sale had transferred his in- terest in any Such lot prior to the eleventh day of October, nineteen hundred and eleven, and patent has not been issued in the name Of the original purchaser, the Commissioner of the General Land Office may is- sue a patent in the name of the transferee where full payment of the purchase price has been made and Provided, nished: Provided, That it be shown that the original purchaser is dead, or that after duelinquiry his where- abouts Cannot be ascertained, and that the instrument of transfer given by the original purchaser has been lost or destroyed. (July 9, 1914, c. 138, 38 Stat. 454.) Chapter Nine—Survey of the Public Sec. Lands 4803. Rules of Survey. 4804. Bºies' and contents of public lands; how ascer- tained. 4805. . Lines of division of half quarter-sections; how run. 4806. Contracts for surveys; when binding. 4807. Same; instructions deemed part of. 4808. Prices of surveys; how established. 4809. Cost of survey of private land claims to be paid. 4810. Same. 4811. When survey may be had by settlers in township. 4812. Deposit for expenses deemed an appropriation. 4813. Repayment of excess of deposits to cover cost of Sur- veys of mineral lands. 4814. Deposits made by settlers for surveys to go in part pay- . ment of lands. . 4815. Deposits in Louisiana... applicable to resurveys. 4816. Augmented rates for Surveys of forest lands; Oregon. 4817. Same; California and Washington. 4818. Geological surveys, extension of public Surveys, expenS- es of subdividing. 4819. Surveys on rivers in certain cases. 4820. Lines in Nevada. 4821. Geodetic method of survey in Oregon and California. 4822. Rectangular mode of survey; when departed from. 4823. Compensation by the day in Oregon and California. 4824. Resurveys or retracements to mark boundaries of lands undisposed of. 4825. Protection of Surveyor by marshal. § 4803. Rules of survey—The public lands shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be de- parted from no further than such particular circum- stances require. - Second. The corners of the townships must be mark- ed with progressive numbers from the beginning ; each distance of a mile between Such corners must be also distinctly marked with marks different from those Of the COrnerS. - * Third. The township shall be subdivided into sec- tions, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines at the end of every two miles; and by making a corner on each Of Such lines, at the end of every mile. The sections shall be numbered re- spectively, beginning with the number one in the northeast section and proceeding west and east alter- nately through the township with progressive numbers till the thirty-six be completed. Fourth. The deputy surveyors, respectively, shall cause to be marked on a tree near each corner estab- lished in the manner described, and within the Sec- tion, the number of such section, and over it the num- ber of the township within which such section may be; and the deputy surveyors shall carefully note, in their respective field-books, the names of the corner- trees marked and the numbers SO made. - Fifth. Where the exterior lines of the townships which may be subdivided into sections or half-sec- tions exceed, or do not extend six miles, the excess or deficiency shall be specially noted, and added to or de- ducted from the western and northern ranges of sec- tions or half-sections in such township, according as the error may be in running the lines from east to west, or from north to south; the sections and half- sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats re- spectively, and all others as containing the Complete legal quantity. - Sixth. All lines shall be plainly marked upon trees, Ch. 9) 3 4811 TEIE PUBLIC LANDS IPage 729] and measured with chains, containing two perches of sixteen and one-half feet each, Subdivided into twenty-five equal links; and the chain shall be ad- justed to a standard to be kept for that purpose. Seventh. Every surveyor shall note in his field-book the true situations of all mines, salt licks, Salt Springs, and mill-seats which come to his knowledge ; all water-courses over which the line he runs may pass; and also the quality of the lands. Eighth. These field-books shall be returned to the surveyor-general, who shall cause therefrom a de- Scription of the whole lands surveyed to be made Out and transmitted to the Officers who may Superintend the sales. He shall also cause a fair plat to be made of the townships and fractional parts of townships contained in the lands, describing the Subdivisions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; and a copy thereof shall be kept open at the Surveyor- general’s office for public information, and other copies shall be sent to the places of the Sale, and to the General Land-Office. (R. S. § 2395.) - Survey of forest reserves, see §§ 5124, 5136. Survey of abandoned military reservations, see § 5004. Survey Sys- tem extended to Alaska by § 5045. § 4804. Boundaries and contents of public lands; how ascertained—The boundaries and Con- tents of the several sections, half-sections, and quar- ter-sections of the public lands shall be ascertained in conformity with the following principles: First. All the corners marked in the SurveyS, re- turned by the surveyor-general, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate ; and the corners of half and quarter sections, not marked on the surveys, shall be placed as nearly as possible equidistant from two corners which stand On the same line. Second. The boundary-lines, actually run and marked in the Surveys returned by the Survey Or-gen- eral, shall be established as the proper boundary- lines of the sections, or subdivisions, for which they were intended, and the length of such lines, as re- turned, shall be held and considered as the true length thereof. And the boundary-lines which have not been actually run and marked shall be ascer- tained, by running straight lines from the estab- lished corners to the opposite corresponding Corners; but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the boundary-lines shall be ascertained by running from the established Corners due north and south or east and west lines, as the case may be, to the water-course, Indian boundary- line, or other external boundary of such fractional township. Third. Each Section Or Subdivision of Section, the * Contents whereof have been returned by the Surveyor- general, shall be held and considered as containing the exact quantity expressed in such return ; and the half-sections and quarter-Sections, the contents whereof shall not have been thus returned, Shall be held and considered as COntaining the One-half Or the one-fourth part, respectively, of the returned con- tents of the section of which they may make part. (R. S. § 2396.) - § 4805. Lines of division of half quarter- sections; how run—In every Case Of the division Of a quarter-Section the line for the division thereof shall run north and South, and the corners and Con- tents of half quarter-sections which may thereafter be Sold, shall be ascertained in the manner and On the principles directed and prescribed by the section preceding, and fractional Sections containing One hundred and sixty acres or upwards shall in like Imanner as nearly as practicable be subdivided into half quarter-sections, under such rules and regula- tions as may be prescribed by the Secretary of the Interior, and in every case of a division of a half quarter-section, the line for the division thereof Shall run east and West, and the Corners and COntents of quarter quarter-sections, which may thereafter be sold, shall be ascertained as nearly as may be, in the manner, and On the principles, directed and pre- Scribed by the Section preceding ; and fractional Sec- tions containing fewer or more than one hundred and sixty acres shall in like manner, as nearly as may be practicable, be subdivided into quarter qual’- ter-sections, under such rules and regulations as may be prescribed by the Secretary of the Interior. (R. S. § 2397.) § 4806. Contracts for surveys; when binding —Contracts for the Survey of the public lands shall not become binding upon the United States until approved by the Commissioner of the General Land- Office, except in such cases as the Commissioner may otherwise specially order. (R. S. § 2398.) § 4807. Same; instructions deemed part of— The printed manual of Surveying instructions for the Survey of the public lands of the United States and private land claims, prepared at the General Land Office, and bearing date January first, nineteen hun- dred and two, the instructions Of the Commissioner of the General Land Office, and the special instruc- tions of the Surveyor-general, when not in COnflict with said printed manual or the instructions of Said Commissioner, shall be taken and deemed to be a part of every contract for surveying the public lands of the United States and private land claims. (R. S. § 2399, amended, Oct. 1, 1890, c. 1262, 26 Stat. 650, Aug. 15, 1894, c. 288, 28 Stat. 285, and April 26, 1902, c. 592, 32 Stat. 120.) § 4808. Prices of surveys; how established— The Commissioner of the General Land-Office has power, and it shall be his duty, to fix the prices per mile for public Surveys, which shall in no case ex- ceed the maximum established by law ; * * (R. S. § 2400, amended, March 3, 1875, c. 130, § 1, 18 Stat. 384.) Current appropriation for surveys and resurveys, see Act June 12, 1917, c. 27, § 1, 40 Stat. 143. § 4809. Cost of survey of private land claims to be reported and paid—That an accurate a C- count shall be kept by each surveyor-general of the cost Of Surveying and platting every private land claim to be reported to the General Land Office with the map Of Such claim ; and that a patent shall not issue nor Shall any copy of any such survey be fur- nished for any such private claim until the cost Of survey and platting shall have been paid into the Treasury of the United States by the party or parties in interest in said grant or by any other party. (July 31, 1876, c. 246, 19 Stat. 121.) § 4810. Same—That hereafter in all cases of the Survey of private land Claims the COSt Of the same shall be refunded to the Treasury by the own- er before the delivery of the patent. (March 3, 1885, c. 360, 23 Stat. 499.) § 4811. When survey may be had by settlers in township—When the settlers in any township not mineral or reserved by the Government, or persons and associations lawfully possessed of Coal lands and otherwise qualified to make entry thereof, or when the Owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of the Surveyor- general and shall file an application therefor in Writ- ing, and shall deposit in a proper United States de- pository to the credit of the United States a sum suf- ficient to pay for such survey, together with all ex- penditures incident thereto, without cost or claim for indemnity On the United States, it Shall be law- ful for the Surveyor-general, under Such instructions as may be given him by the COmmissioner of the General Land Office, and in accordance with law, to survey such township or Such public lands owned by said grantees of the Government, and make return therefor to the general and proper local land office: # 4812 (Tit. 32 THE PUBLIC LANDS [Page 730I Provided, That no application shall be granted unless the township so proposed to be surveyed is within the range of the regular progress of the public sur- veys embraced by existing standard lines or bases for township and subdivisional Surveys. (R. S. § # amended, Aug. 20, 1894, c. 302, § 1, 28 Stat. 423. § 4812. Deposit for expenses deemed an ap- propriation—The deposit of money in a proper United States depository, under the provisions of the preceding section, shall be deemed an appropria- tion of the sums so deposited for the objects con- templated by that section, and the Secretary of the Treasury is authorized to Cause the Sums SO de- posited to be placed to the credit of the proper ap- propriations for the surveying-service; but any ex- cesses in such sums over and above the actual cost Of the Surveys, comprising all expenses incident thereto, for which they were Severally deposited, shall be repaid to the depositors respectively. (R. S. § 2402.) - § 4813. Repayment of excess of deposits to cover cost of surveys of mineral lands—That the Secretary of the Treasury be, and he is hereby, au- thorized and directed to pay, Out of the moneys here- tofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the Offices of the United States surveyors-general in connection with the survey of mineral lands, any excess in the amount deposited Over and above the actual cost Of the work performed, including all expenses incident thereto for which the deposits were severally made Or the whole Of any unused deposit ; and Such sums, as the several cases may be, shall be deemed to be annually and permanently appropriated for that pur- pose. Such repayments shall be made to the person Or persons who made the Several deposits, Or to his or their legal representatives, after the comple- tion Or abandonment Of the WOrk for which the de- posits were made, and upon an account Certified by the surveyor-general of the district in which the mineral land surveyed, or sought to be surveyed is situated and approved by the Commissioner of the General Land Office. 645.) § 4814. Deposits made by settlers for surveys to go in part payment of lands—Where Settlers Or Owners or grantees of public lands make deposits in accordance with the provisions of Section twenty-four hundred and One, as hereby amended, certificates shall be issued for such deposits which may be used by settlers in part payment for the lands settled upon by them, the survey of which is paid for Out of such deposits, or said certificates may be assigned by in- dorsement and may be received by the Government in payment for any public lands of the United States in the States where the Surveys were made, entered or to be entered under the laws thereof. (R. S. § 2403, amended, April 27, 1876, c. 84, 19 Stat. 38, March 3, 1879, c. 170, 20 Stat. 352, and Aug. 20, 1894, c. 302, § 2, 28 Stat. 423.) § 4815. Deposits in Louisiana, applicable to (Feb. 24, 1909, c. 180, 35 Stat. resurveys--The part of the sum hereby appropriated which may be apportioned to the surveying district Of Louisiana, together with Such sums as have been or may be deposited for surveys therein by actual settlers, under sections twenty-four hundred and One, twenty-four hundred and two, and twenty-four hun- dred and three of the Revised Statutes, may be, in Whole or in part, employed in making such resur- Veys as may be necessary in the discretion of the Commissioner of the General Land Office. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 327.) § 4816. Augmented rates for surveys of for- est lands; Oregon—The Commissioner of the Gen- eral Land-Office may authorize, in his discretion, pub- lic lands in Oregon, densely covered with forests or thick undergrowth, to be surveyed at augmented rates, not exceeding eighteen dollars per mile for Standard parallels, fifteen dollars for townships, and twelve dollars for section lines. (R. S. § 2404.) § 4817. Same; California and Washington— The Commissioner of the General Land-Office, in his discretion, may hereafter authorize public lands in California and in Washington [Territory], densely COWered With forests or tºick undergrowth, to be Sur- Veyed at augmented rates, not exceeding eighteen dol- lars per linear mile for standard parallels, sixteen dollars for townships, and fourteen dollars for Sec- tion lines. (R. S. § 2405.) Text in brackets superseded by admission of Washington as State. § 4818. Geological surveys, extension of pub- lic surveys, expenses of subdividing—There shall be no further geological survey by the Government, unless hereafter authorized by law. The public Surveys Shall extend Over all mineral lands; and all Subdividing of Surveyed lands into lots less than One hundred and sixty acres may be done by county and local surveyors at the expense of claimants; but nothing in this section contained shall require the Survey of waste or useless lands. (R. S. § 2406.) § 4819. Surveys on rivers in certain cases— Whenever, in the opinion of the President, a depar- ture from the Ordinary method of Surveying land. On any river, lake, bayou, or water-course would pro- mote the public interest, he may direct the surveyor- general in whose district such land is . Situated, and Where the Change is intended to be made, to Cause the lands thus situated to be Surveyed in tracts Of two acres in width, fronting on any river, bayou, lake, or water-course, and running back the depth of forty acres; which tracts Of land so surveyed shall be offered for sale entire, instead of in half-quarter sec- tions, and in the usual manner and on the same terms in all respects as the Other public lands of the United States. (R. S. § 2407.) § 4820. Lines in Nevada—In extending the sur- veys of the public lands in the State of Nevada, the Secretary of the Interior may vary the lines of the Subdivisions from a rectangular form, to suit the circumstances of the country. (R. S. § 2408.) § 4821. Geodetic method of survey in Oregorn and California—The Secretary of the Interior, if he deems it advisable, is authorized to continue the Sur- Veys in Oregon and California, to be made after what is known as the geodetic method, under such regula- tions and upon Such terms as have been Or may here- after be prescribed by the Commissioner of the Gen- eral Land-Office; but none other than township-lines shall be run where the land is unfit for Cultivation ; nor shall any deputy Surveyor Charge for any line except Such as may be actually run and marked, or for any line not necessary to be run. (R. S. § 2409.) § 4822. Rectangular mode of survey; when departed from—Whenever, in the Opinion of the Sec- retary of the Interior, a departure from the rec- tangular mode of surveying and subdividing the pub- lic lands in California would promote the public in- terests, he may direct such change to be made in the mode of surveying and designating such lands as he deems proper, with reference to the existence Of mountains, mineral deposits, and the advantages de- rived from timber and water privileges ; but Such lands shall not be Surveyed into less than One hun- dred and sixty acres, or subdivided into less than forty acres. (R. S. § 2410.) § 4823. Compensation by the day in Oregon. and California—Whenever the public surveys, or any portion of them, in the States of Oregon and California, are so required to be made as to render it expedient to make compensation for the Surveying thereof by the day instead of by the mile, it shall be lawful for the Commissioner of the General Land-Of- fice, under the direction of the Secretary of the In- terior, to make such fair and reasonable allowance as, in his judgment, may be necessary to insure the ac- Ch. 10) THE PUBLIC LANDS 2 4830 [Page 731I Curate and faithful-execution of the work. (R. S. § 241.1.) § 4824. Resurveys or retracements to mark Thoundaries of lands undisposed of—The Secretary of the Interior may in his discretion cause to be made, as he may deem wise under the rectangular System now provided by law, such resurveys or retracements Of the Surveys of public lands as, after full inves- tigation, he may deem essential to properly mark the boundaries of the public lands remaining undisposed Of: Provided, That no such resurvey or retracement shall be so executed as to impair the bona fide rights Or claims of any claimant, entryman, or owner of lands affected by such resurvey or retracement: Pro- Vided further, That not to exceed twenty per cent. Of the total annual appropriation for Surveys and re- SurveyS Of the public lands shall be used for the re- Surveys and retracements authorized hereby. (March 3, 1909, c. 271, 35 Stat. 845, amended, June 25, 1910, No. 40, 36 Stat. 884.) - (R. S. § 24.12. Repealed.) This section imposed a penalty upon every person who, by threats or force, interrupted, hindered, or prevented the Surveying of the public lands or of any private land- claim. It was incorporated in Crim. Code, § 58 (§ 10225), and Was expressly repealed by Crim. Code, § 341 (§ 10515). § 4825. Protection of surveyor by marshal— Whenever the President is Satisfied that forcible Op- position has been offered, or is likely to be offered, to any surveyor or deputy Surveyor in the discharge of his duties in surveying the public lands, it may be lawful for the President to Order the marshal Of the State or district, by himself or deputy, to attend such Surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered. (R. S. § 2413.) Chapter Ten—Bounty-Lands Sec. 4826. Military bounty-land warrants and locations assignable. 4827. Warrants located at $1.25; excess paid in cash. - 4828. Claims for bounty-lands in virtue of certain acts. 4829. Same. 4830. Bounty-lands for soldiers in certain wars. 4831. Persons in the Mexican War and their widows entitled to forty acres. - 4832. Militia, and volunteers in service since 1812. 4833. Same. " . 4834. Period of captivity added to actual service. 4835. Warrant and patent to issue, when. 4836. Widows of persons entitled. 4837. Additional bounty-lands. 4838. Same; classes specified. r 4839. Same; classes entitled without regard to length of serv- 1C e. 4840. Same; widows and children of persons entitled. 4841. Same; Subsequent marriage of widow. 4842. Same; minors. 4843. Proof of Service. 4844. Evidence of right to bounty-land received in certain CaSéS. 4845. Allowance of time of service for distance from home to place of muster or discharge. 4846. Indians included. ab 4847. Former evidence of right to pension received on appli- cation for bounty-land. 4848. Sales, mortgages or letters of attorney made before is- Sue of Warrant Void. 4849. Warrants located free of expense. 4850. Deserters not entitled to bounty-land. 4851. Lost warrants. 4852. Discharges, omissions, and loss of. 4853. New Warrant in lieu of lost Warrant. 4854. Regulations by Secretary of Interior. 4855. Mode of issuing patents to heirs. 4856. Death of claimant after establishing right and before Warrant. 4857. Proofs filed by legal representatives. 4858. Relocation of military bounty-land warrants in cases of error. 4859. Bounty warrants and indemnity certificates receivable in + payment for lands. § 4826. Military bounty-land warrants and locations assignable—All Warrants for military bounty-lands which have been or may hereafter be issued under any law of the United States, and all valid locations Of the Same which have been or may hereafter be made, are declared to be assignable by deed or instrument of writing, made and executed ac- COrding to such form and pursuant to such regulations as may be prescribed by the Commissioner of the Gen- eral Länd-Office, so as to west the assignee with all the rights Of the Original Owner of the warrant or location. (R. S. § .2414.) - § 4827. Warrants located at $1.25; excess paid in cash—The WarrantS Which have been Or may hereafter be issued in pursuance of law may be located according to the legal subdivisions of the public lands in One body upon any lands of the Unif- ed States subject to private entry at the time of such location at the minimum price. When Such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in Cash the difference between the Value Of Such warrants at One dollar and twenty-five cents per acre and the tract Of land located On. But where such tract is rated at One dollar and twenty-five cents per acre, and does not exceed the area Specified in the warrant, it must be taken in full satisfaction thereof. (R. S. § 2415.) § 4828. Claims for bounty-lands in virtue of certain aets—In all cases of warrants for bounty- lands, issued by virtue of an act approved July twen- ty-seven, one thousand eight hundred and forty-two, and Of two acts approved January twenty-seven, One thousand eight hundred and thirty-five, therein and —thereby revised, and of two acts to the same intent, respectively, approved June twenty-six, eighteen hun- dred and forty-eight, and February eight, eighteen hundred and fifty-four, for military services in the revolutionary war, or in the war of eighteen hundred and twelve with Great Britain, which remained un- satisfied on the second day of July, eighteen hun- dred and sixty-four, it is lawful for the person in Whose name Such warrant issued, his heirs or legal representatives, to enter in quarter-sections, at the proper local land-office in any of the States or Ter- ritories, the quantity Of the public lands subject to private entry which he is entitled to under such war- rant. (R. S. § 2416.) § 4829. Same—All warrants for bounty-lands re- ferred to in the preceding Section may be located at any time, in conformity with the general laws in force at the time of such location. (R. S. § 2417.) § 4830. Bounty-lands for soldiers in certain wars—Each of the surviving, or the widow or minor Children of deceased commissioned and non-commis- Sioned officers, musicians, or privates, whether of reg- ulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detach- ment, in the service of the United States, in the war with Great Britain, declared On the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian Wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, and each of the commissioned. Officers who was engaged in the military service Of the United States in the war with Mexico, shall be entitled to lands as follows: Those who engaged to serve twelve months or during the war, and actually served nine months, shall receive one hundred and sixty acres, and those who engaged to serve six months, and ac- tually served four months, shall receive eighty acres, and those who engaged to Serve for any Or an indefi- nite period, and actually served one month, shall re- ceive forty acres ; but wherever any officer or soldier was honorably discharged in consequence of disability contracted in the service, before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to Serve. All the persons enumerated in this section who enlisted in the regular army, Or were mustered in any volunteer company for a period of not less than twelve months, and who served in the War with Mexico and received an honorable discharge, or who were killed or died of wounds received or sickness incurred in the course of Such Service, or were discharged before the expira- 3 4831 (Tit. 32 THE PUBLIC LANDS [Page 732] tion of the term of service in consequence of wounds received or sickness incurred in the course of such Service, shall be entitled to receive a Certificate or warrant for one hundred and sixty acres of land: or at Option Treasury scrip for one hundred dollars bearing interest at Six per Cent. per annum, paya- ble semi-annually, at the pleasure of the Government. In the event of the death of any one of the persons mentioned in this section during service, or after his discharge, and before the issuing of a certificate or warrant, the warrant or scrip shall be issued in fa- vor of his family or relatives; first, to the widow and his children ; fourth, his brothers and sisters. (R. S. § 2418.) § 4831. Persons in the Mexican war and their widows entitled to forty acres—The perSons enu- merated in the preceding section received into service after the commencement of the war with Mexico, for less than twelve months, and who served such term, or were honorably discharged are entitled to receive a certificate or warrant for forty acres, or scrip for twenty-five dollars if preferred, and in the event of the death of such person during service, or after hon- Orable discharge before the eleventh of February, eighteen hundred and forty-Seven, the warrant Or scrip shall issue to the wife, child, or children, if there be any, and if none, to the father, and if no father, to the mother of such soldier. (R. S. § 2419.) § 4832. Militia and volunteers in service since 1812—Where the militia, or Volunteers, Or State troops of any State or Territory, Subsequent to. the eighteenth day of June, eighteen hundred and twelve, and prior to March twenty-second, eighteen hundred and fifty-two, were called into service, the officers and soldiers thereof shall be entitled to all the benefits Of Section two thousand four hundred and eighteen upon proof of length of service as therein re- quired. (R. S. § 2420.) § 4833. Same-NO person shall take any benefit under the provisions of the three preceding sections, if he has received, or is entitled to receive, any mili- tary land-bounty under any act of Congress passed prior to the twenty-second March, eighteen hundred and fifty-two. (R. S. § 2421.) § 4834. Period of captivity added to actual service—The period during which any officer or sol- dier remained in captivity with the enemy shall be estimated and added to the period of his actual Serv- ice, and the person so retained in captivity shall re- ceive land under the provisions of sections twenty-four hundred and eighteen and twenty-four hundred and twenty, in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. (R. S. § 2422.) - § 4835. Warrant and patent to issue, when— Bvery person for whom provision is made by sections twenty-four hundred and eighteen and twenty-four hundred and twenty shall receive a warrant from the Department of the Interior for the quantity of land to which he is entitled; and, upon the return of such warrant, with evidence of the location thereof having been legally made to the General Land-Office, a patent shall be issued therefor. (R. S. § 2423.) . § 4836. Widows of persons entitled—In the event Of the death of any person, for whom provision is made by sections twenty-four hundred and eighteen and twenty-four hundred and twenty, and who did not receive bounty-land for his services, a like war- rant shall issue in favor of his widow, who shall be entitled to One hundred and sixty acres of land in case her husband was killed in battle ; nor shall a Subse- Quent marriage impair the right of any widow to such Warrant, if she be a widow at the time of making her application. (R. S. § 2424.) § 4837. Additional bounty-lands—Each of the Surviving persons specified in the classes enumerated in the following section, who has served for a period Of not less than fourteen days, in any of the wars second, his father; third, his mother; in which the United States have been engaged since the year Seventeen hundred and ninety, and prior to the third day of March, eighteen hundred and fifty- five, shall be entitled to receive a warrant from the Department of the Interior, for One hundred and six- ty acres Of land ; and, where any person so entitled has, prior to the third day of March, eighteen hun- dred and fifty-five, received a warrant for any number Of acres less than one hundred and sixty, he shall be allowed a warrant for such quantity of land Only as Will make, in the whole, with what he may have re- Ceived prior to that date, one hundred and sixty acres. (R. S. § 2425.) - § 4838. Same; classes specified—The classes of persons embraced as beneficiaries under the preced- ing section, are as follows, namely: - First. Commissioned and non-commissioned officers, musicians, and privates, whether of the regulars, Vol- unteers, rangers, or militia, who were regularly mus- tered into the Service Of the United States. - Second. Commissioned and non-commissioned offi- cers, seamen, ordinary seamen, flotilla-men, marines, clerks, and landsmen in the Navy. Third. Militia, volunteers, and State troops of any State or Territory, called into military service, and regularly mustered therein, and whose services have been paid by the United States. Fourth. Wagon-masters and teamsters who have been employed under the direction of competent au- thority, in time of war, in the transportation of mili- tary Stores and Supplies. Fifth. Officers and soldiers of the revolutionary War, and marines, seamen, and other persons in the naval service of the United States during that War. Sixth. Chaplains who served with the Army. Seventh. Volunteers who served with the armed forces of the United States in any of the wars men- tioned, subject to military orders, whether regularly mustered into the Service Of the United States Or not. (R. S. § 2426.) - - § 4839. Same; classes entitled without re- gard to length of service—The following class Of persons are included as beneficiaries under Section twenty-four hundred and twenty-five, without regard to the length of service rendered. First. Any Of the classes of perSons mentioned in section twenty-four hundred and twenty-six who have been actually engaged in any battle in any Of the wars in which this country has been engaged since Seventeen hundred and ninety, and prior to March third, eighteen hundred and fifty-five. Second. Those Volunteers who served at the inva- sion of Plattsburgh, in September, eighteen hundred and fourteen. Third. The Volunteers who served at the battle of King's Mountain, in the revolutionary war. Eourth. The Volunteers who served at the battle of Nickojack against the confederate savages of the South. - Fifth. The volunteers who served at the attack on Lewistown, in Delaware, by the British fleet, in the war of eighteen hundred and twelve. (R. S. § 2427.) - § 4840. Same; widows and children of persons entitled—In the event of the death . Of any person who would be entitled to a warrant, as provided in Section twenty-four hundred and twenty-five, leaving a widow, or, if no widow, a minor child, such widow or such minor child shall receive a warrant for the same quantity of land that the decedent would be en- titled to receive, if living on the third day of March, eighteen hundred and fifty-five. (R. S. § 2428.) § 4841. Same; subsequent marriage of wid- ow—A subsequent marriage shall not impair the right of any widow, under the preceding section, if she be a widow at the time of her application. (R. S. § 2429.) - - - § 4842. Same; minors—Persons within the age of twenty-One years on the third day of March, eight- een hundred and fifty-five, shall be considered mi- Ch. 10) 4 4853 THE PUBLIC LANDS [Page 733] nors within the intent of section twenty-four hun- dred and twenty-eight. (R. S. § 2430.) § 4843. Proof of service—Where no record evi- dence Of the Service for which a Warrant is claimed exists, parol evidence may be admitted to prove the Service performed, under such regulations as the Commissioner of Pensions may prescribe. (R. S. § 2431.) » § 4844. Evidence of right to bounty-land re- ceived in certain cases—Where certificate or a Warrant for bounty-land for any less quantity than One hundred and sixty acres has been issued to any Officer Or Soldier, Or to the widow or minor child of any officer or soldier, the evidence upon which such certificate or warrant was issued shall be re- ceived to establish the Service of Such officer Or soldier in the application of himself, or of his wid- OW Or minor child, for a warrant for so much land as may be required to make up the full sum of one hundred and sixty acres, to which he may be en- titled under the preceding section, on proof of the identity of such officer or soldier, or, in case of his Cleath, of the marriage and identity of his widow, Or, in case of her death, of the identity of his minor Child. But if, upon a review of such evidence, the Commissioner of Pensions is not satisfied that the former Warrant was properly granted, he may re- Quire additional evidence, as well of the term -as of the fact of service. (R. S. § 2432.) § 4845. Allowance of time of service for dis- tance from home to place of muster or diseharge —When any Company, battalion, or regiment, in an Organized form, marched more than twenty miles to the place where they were mustered into the Service of the United States, or were discharged more than twenty miles from the place where such company, bat- talion, or regiment was organized, in all such cases, in Computing the length of service of the Officers and soldiers of any such company, battalion, or regiment, there shall be allowed One day for every twenty miles from the place where the company, battalion, or regiment was organized to the place where the Same Was mustered into the Service Of the United States, and one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service, provided that such march was in obedience to the command or direction of the President, or some general officer of the United States, commanding an army or department, or the chief executive officer of the State or Territory by which such company, bat- talion, or regiment was called into service. (R. S. § 2433.) § 4846. Indians included—The provisions of all the bounty-land laws shall be extended to Indians, in the Same manner and to the same extent as to white persons. (R. S. § 2434.) § 4847. Former evidence of right to pension received on application for bounty-land—Where a pension has been granted to any officer or soldier, the evidence upon which such pension was granted shall be received to establish the service of such offi- cer or soldier in his application for bounty-land; and upon proof of his identity as such pensioner, a war- rant may be issued to him for the quantity of land to Which he is entitled; and in case of the death of Such pensioned officer or soldier, his widow shall be entitled to a warrant for the same quantity of land to which her husband would have been entitled, if living, upon proof that she is such widow; and in case of the death of such officer or soldier, leaving a minor child and no widow, or where the widow may have deceased before the issuing of any warrant, Such minor child shall be entitled to a warrant for the Same quantity Of land as the father would have been entitled to receive if living, upon proof of the decease of father and mother. But if, upon a review Of Such evidence, the Commissioner of Pensions is not Satisfied that the pension was properly granted, he may require additional evidence, as well of the term as of the fact of service. (R. S. § 2435.) § 4848. Sales, mortgages or letters of attor- ney made before issue of warrant void—All sales, mortgages, letters Of attorney, or Other instruments of Writing, going to affect the title or claim to any Warrant issued, or to be issued, Or any land grant- ed, or to be granted, under the preceding provisions of this chapter, made or executed prior to the issue of such warrant, shall be null and Void to all in- tents and purposes whatsoever; nor shall such war- rant, or the land obtained thereby, be in anywise affected by, or charged with, or subject to, the pay- ment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent. (R. S. § 2436.) § 4849. Warrants located free of expense-It shall be the duty of the Commissioner of the General Land-Office, under such regulations as may be pre- scribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to the General Land-Office for that purpose, in such State or land-district as the holder or warrantee may designate, and upon good farming-land, so far as the same can be ascertained from the maps, plats, and field-notes of the surveyor, |-or-frem —any other-information-in-the possession Of the local office, and, upon the location being made, the Secretary shall cause a patent to be transmitted to such warrantee or holder. (R. S. § 2437.) § 4850. Deserters not entitled to bounty-land —No person who has been in the military service of the United States shall, in any case, receive a bounty-land warrant if it appears by the muster- rolls of his regiment or corps that he deserted or was dishonorably discharged from service. (R. S. § 2438.) - § 4851. Ilost warrants—When a Soldier of the Regular Army, who has obtained a military land-war- rant, loses the same, or such warrant is destroyed by accident, he shall, upon proof thereof to the satisfaction of the Secretary of the Interior, be en- titled to a patent in like manner as if the warrant was produced. (R. S. § 2439.) § 4852. Discharges, omissions, and loss of In all cases of discharge from the military service of the United States of any soldier of the Regular Army, when it appears to the satisfaction of the Secretary Of War that a certificate of faithful services has been Omitted by the neglect of the discharging officer, by misconstruction of the law, or by any other neglect or Casualty, such Omission shall not prevent the is- Suing Of the warrant and patent as in other cases. And when it is proved that any soldier of the Regular Army has lost bis discharge and certificate of faith- ful Service, the Secretary of War shall cause such papers to be furnished such soldier as will entitle him to his land-warrant and patent, provided such measure is justified by the time of his enlistment, the period of Service, and the report of Some officer of the corps to which he was attached. (R. S. § 2440.) § 4853. New warrant in lieu of lost warrant —Whenever it appears that any certificate or War- rant, issued in pursuance of any law granting bounty- land, has been lost or destroyed, whether the same has been Sold and assigned by the Warrantee or not, the Secretary of the Interior is required to cause a new Certificate Or Warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like man- ner as other certificates or warrants for bounty-land are now authorized by law to be assigned, located, and patented; and in all cases Where Warrants have been, or may be, re-issued, the original warrant, in whoSeever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such pre- 3 4854 (Tit. 32 THE PUBLIC LANDS [Page 734I • Sumption of fraud in the assignment be removed by due proof that the same was executed by the war- rantee in good faith and for a valuable considera- tion. (R. S. § 2441.) - § 4854. Regulations by Secretary of Interior —The Secretary of the Interior is required to pre- scribe such regulations for carrying the preceding sec- tion into effect as he may deem necessary and prop- er in order to protect the Government against im- position and fraud by persons claiming the benefit thereof; and all laws and parts of laws for the pun- ishment of frauds against the United States are made applicable to frauds under that section. (R. S. § 2442.) § 4855. Mode of issuing patents to heirs—In all Cases Where an officer or soldier of the revolu- tionary War, or a soldier of the war of eighteen hundred and twelve, was entitled to bounty-land, has died before obtaining a patent for the land, and where application is made by a part only of the heirs Of Such deceased officer or soldier for such bounty- land, it shall be the duty of the Secretary of the Interior to issue the patent in the name of the heirs Of Such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, generally, shall inure to the benefit of the whole, in such portions as they are severally en- titled to by the laws of descent in the State or Ter- ritory where the officer or soldier belonged at the time of his death. (R. S. § 2443.) § 4856. Death of claimant after establishing right and before warrant—When proof has been Or hereafter is filed in the Pension-Office, during the life-time of a claimant, establishing, to the satisfac- tion of that office, his right to a warrant for military Services, and such warrant has not been, or may not be, issued until after the death of the claimant, and all Such Warrants as have been heretofore issued Sub- Sequent to the death of the claimant, the title to such Warrants Shall vest in his widow, if there be one, and if there be no widow, then in the heirs or lega- tees Of the claimant; and all military bounty-land WarrantS issued pursuant to law shall be treated as perSonal Chattels, and may be conveyed by assignment Of Such Widow, heirs, or legatees, or by the legal rep- resentatives of the deceased claimant, for the use of Such heirs or legatees only. (R. S. § 2444.) § 4857. Proofs filed by legal representatives— The legal representatives of a deceased claimant for a bounty-land warrant, whose claim was filed prior to his death, may file the proofs necessary to per- fect such claim. (R. S. § 2445.) § 4858. Relocation of military bounty-ſland warrants in cases of error—Where an actual set- tler On the public lands has SOught, or hereafter at- tempts, to locate the land settled on and improved by him, with a military bounty-land warrant, and where, from any cause, an error has occurred in making such location, he is authorized to relinquish the land SO er- roneously located, and to locate such warrant upon the land SO settled upon and improved by him, if the same then be vacant, and if not, upon any other wa- Cant land, on making proof of those facts to the sat- isfaction of the land-officers, according to such rules and regulations as may be prescribed by the Commis- Sioner of the General Land-Office, and subject to his final adjudication. (R. S. § 2446.) § 4859. Bounty warrants and indemnity cer- tificates receivable in payment for lands—In ad- dition to the benefits now given thereto by law, all unsatisfied military bounty land warrants under any act of Congress, and unsatisfied indemnity certificates of location under the Act of Congress approved June Second, eighteen hundred and fifty-eight, whether here- tofore or hereafter issued, shall be receivable at the Tate of One dollar and twenty-five cents per acre in payment Or part payment for any lands entered un- der the desert land law of March third, eighteen hun- dred and eighty-seven, entitled “An Act to provide for the sale of desert lands in certain States and Territories,” and the amendments thereto, the timber- Culture law of March third, eighteen hundred and Seventy-three, entitled “An Act to encourage the growth of timber on the Western prairies,” and the amendments thereto ; the timber and stone law of June third, eighteen hundred and seventy-eight, en- titled “An Act for the sale of timber lands in the States of California, Oregon, Nebraska, and Wash- ington Territory,” and the amendments thereto, or for lands which may be sold at public auction, ex- Cept Such lands as shall have been purchased from any Indian tribe within ten years last past. (Dec. 13, 1894, c. 3, 28 Stat. 594.) Chapter Ten A–Reservations and Grants to States for Pub- lic Purposes 4860. . Settlements before survey on sections 16 or 36; C16I1CIeS. Selections to supply deficiencies of school lands. . Selection of school lands on ceded Indian reservations. 4863. Selection of phosphate or oil lands by Idaho under in- demnity and other land grants. -ºr defi- 4864. Same; application for. 4865. Same; lands selected certified to State; reservations. 4866. Selections to supply deficiencies of school lands; appli- Cable to grant to Utah. 4867 sº ºditional School sections included as applicable to Utah. 4868. Same; applicable to grant to New Mexico. 4869. Pre-emptions by counties for seats of justice. Fee-simple to pass in all grants. 4871. Patents for wagon-road grants to Oregon. 4872. Reissue of agricultural college land scrip lost or de- stroyed. 4873. Limitation of entries by agricultural-college scrip. 4874. Grant to new States. s 4875. Same; selections and locations of lands. 4876. Survey of lands granted to certain States. 4877. Preference right of selection granted to North Dakota, South Dakota, Montana, Idaho and Washington. 4878. Certain lands selected by California, confirmed there. 4879. Same; selections on lands already surveyed. 4880. Same; selections on land surveyed only by State au- thority. 4881. Representation of Indian claimants in suits to determine right to school lands. § 4860. Settlements before survey on sections 16 or 36; deficiencies—Where settlements with a View to pre-emption Or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on Sec- tions sixteen or thirty-six, those sections shall be Subject to the claims of such settlers; and if such Sections, or either of them, have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State or Territory in which they lie, Other lands of equal acreage are hereby appro- priated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by pre-emption of homestead settlers. other lands of equal acreage are also hereby appro- priated and granted, and may be selected by Said State or Territory where sections sixteen or thirty- six are mineral land, or are included within any In- dian, military, or other reservation, or are otherwise disposed of by the United States: Provided, Where any State is entitled to said sections sixteen and thirty-six, or where said sections are reserved to any Territory, notwithstanding the same may be min- eral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said Sections. And Other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory to com- pensate deficiencies for School purposes, where Sec- tions sixteen Or thirty-six are fractional in quantity, or where One or both are Wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, Without a Waiting the extension of And Ch. 10A) 3 4868 THE PUBLIC LANDS [Page 7351 the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Terri- tory shall be entitled to select indemnity lands to the extent of two sections for each of said townships, in lieu of sections sixteen and thirty-six therein ; but such selections may not be made within the boundaries of said reservations: Provided, however, That noth- ing herein contained shall prevent any State or Ter- ritory from awaiting the extinguishment of any Such military, Indian, or other reservation and the resto- ration of the lands therein embraced to the public domain and then taking the sections sixteen and thir- ty-six in place therein; but nothing in this proviso shall be construed as conferring any right not now existing. (R. S. § 2275, amended, Feb. 28, 1891, C. 384, 26 Stat. 796.) § 4861. Selections to supply deficiencies of school lands—That the lands appropriated by the pre- ceding section shall be selected from any unappro- priated, surveyed public lands, not mineral in Char- acter, within the State or Territory where such losses or deficiencies of school sections occur; and Where the selections are to compensate for deficiencies of school lands in fractional townships, such selec- tions shall be made in accordance with the follow- —ing principles of adjustment, to wit: For each town- ship, or fractional township, containing a greater quantity of land than three-quarters of an entire to Wnship, one section ; for a fractional township, Con- taining a greater quantity of land than One-half, and not more than three-quarters of a township, three Quarters Of a Section ; for a fractional to Winship, COn- taining a greater quantity of land than one quarter, and not more than one half of a township, one-half Section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township One-quarter section of land : Provided, That the States or Terri- tories which are, or shall be entitled to both the six- teenth and thirty-sixth sections in place, shall have the right to Select double the amounts named, to compensate for deficiencies of school land in fraction- al townships. (R. S. § 2276, amended, Feb. 28, 1891, c. 384, 26 Stat. 796.) - § 4862. Selection of sebool lands on ceded In- dian reservations—Any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any In- dian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such res- ervation to settlement. (March 2, 1895, c. 188, § 1, 28 Stat. 899.) § 4863. Selection of phosphate or oil lands by Idaho under indemnity and other land grants- From and after the passage of this Act unreserved public lands of the United States in the State Of Idaho, which have been withdrawn or classified as phosphate or oil lands, or are valuable for phos- phates or oil, shall, if otherwise available under ex- isting law, be subject to selection by the State of Ida- ho under indemnity and Other land grants made to it by Congress whenever such selections shall be made with a view of obtaining or passing title, with a res- ervation to the United States Of the phosphates and oil in Such lands, and of the right to prospect for, mine, and remove the Same. 37 Stat. 687.) § 4864. Same; application for—The State of Idaho, when applying to select lands classified as phosphate or oil lands, or valuable for phosphates Or oil, with a view to securing or passing title to the same in accordance with the provisions of the indem- nity and other granting Acts, shall state in the ap- (Feb. 27, 1913, c. 85, § 1, plication for selection that same is made in a C- cordance with and Subject to the provisions and res- ervations of this Act. (Feb. 27, 1913, c. 85, § 2, 37 Stat. 687.) § 4865. Same; lands selected certified to State; reservations—Upon satisfactory proof of full compliance with the provisions of the laws un- der which selection is made and this Act, the State shall, upon approval of the selection by the Secretary of the Interior, be entitled to have the lands certified to it, with a reservation to the United States of all the phosphates and oil in the land, so certified, to- gether with the right in the United States, or persons authorized by it, to prospect for, mine, and remove the same ; but before any person not acting for the United States shall be entitled to enter upon the lands Certified for the purpose of prospecting for phos- phates Or Oil he shall furnish, Subject to approval by the Secretary of the Interior, a bond or undertak- ing as Security for the payment of all damages to the CrOps and improvements On Said lands, by reason of Such prospecting for phosphates or oil. Any per- Son who has acquired from the United States the Oil Or phosphate deposits in any such land, or the right to mine or remove the same, may re- enter and Occupy so much of the surface thereof as may be required—for all-purposes reasonably incident to the mining and removal of the oil or phosphate therefrom and mine and remove the oil or phosphate upon payment of the damages caused thereby to the OWner thereof, or upon giving a good and Sufficient bond or undertaking in an action instituted in any Competent court to ascertain and fix said damages: Provided, That nothing herein contained shall be held to deny Or abridge the right of the State of Idaho to present and have prompt consideration of applica- tions to, select lands, which have been classified as Oil or phosphate lands, with a view to disproving Such Classification and securing a certificate without reservation: And provided further, That the reserv- ed phosphate and oil deposits in approved selections under this Act shall not be subject to exploration or entry, Other than by the United States, except as hereinafter authorized by Congress. (Feb. 27, 1913, c. 85, § 3, 37 Stat. 687.) § 4866. Selections to supply deficiencies of school lands; applicable to grant to Utah—All the provisions of an Act of Congress approved Feb- ruary twenty-eighth, eighteen hundred and ninety- One, Which provides for the selection of lands for edu- Cational purposes in lieu of those appropriated for Other purposes, be, and the same are hereby, made applicable to the State of Utah, and the grant of School lands to said State, including sections two and thirty-two in each township, and indemnity therefor, Shall be administered and adjusted in accordance with the provisions of said Act, anything in the Act ap- proved July sixteenth, eighteen hundred and ninety- four, providing for the admission of said State into the Union, to the contrary notwithstanding. (May 3, 1902, c. 683, § 1, 32 Stat. 188.) See §§ 4860, 4861. § 4867. Same; additional school sections in- cluded as applicabie to tſtah—Wherever the words “sections sixteen and thirty-six” Occur in Said Act, the same as applicable to the State of Utah shall read: “sections two, sixteen, thirty-two, and thirty- six,” and wherever the words “sixteenth and thirty- Sixth sections” occur the same shall read: “Second, sixteenth, thirty-second, and thirty-sixth sections,” and wherever the words “sections sixteen or thirty- six” occur the same shall read: “sections two, six- teen, thirty-two, or thirty-six,” and wherever the words “two Sections” Occur the same shall read “four Sections.” (May 3, 1902, c. 683, § 2, 32 Stat. 189.) § 4868. Same; applicable to grant to New Mexico—All the provisions of an Act of Congress ap- proved February twenty-eighth, eighteen hundred and 3 4868 (Tit. 32 THE PUBLIC LANDS IIPage 7361 & ninety-One, entitled “An Act to amend sections twen- ty-two hundred and seventy-five and twenty-two hun- dred and Seventy-six of the Revised Statutes of the United States providing for the selection of lands for educational purposes in lieu of those appropriated for other purposes,” be, and the same are hereby, made applicable to the [Territory of] New Mexico, and the grant of School lands to said [Territory], and in- demnity therefor, shall be administered and adjust- ed in accordance with the provisions of said Act, any- thing in the Act of Congress approved June twenty- first, eighteen hundred and ninety-eight, making cer- tain grants of lànd to the [Territory of New Mexico, and for other purposes, to the contrary notwith- Standing. (March 16, 1908, c. 88, 35 Stat. 44.) Text in brackets superseded by admission of New Mex- ico as a state. § 4869. Pre-emptions by counties for seats of justice—There shall be granted to the several coun- ties or parishes of each State and Territory, where there are public lands, at the minimum price for Which public lands of the United States are sold, the right of pre-emption to one quarter-section of land, in each of the counties or parishes, in trust for such COunties or parishes, respectively, for the establish- ment of seats of justice therein; but the proceeds of the Sale of each of such quarter-section shall be ap- propriated for the purpose of erecting public build- ings in the County or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such coun- ties or parishes, respectively, shall be fixed previ- Ously to a sale of the adjoining lands Within the Coun- § Or parish for which the same is located. (R. S. § 286.) § 4870. Fee-simple to pass in all grants— Where lands have been or may hereafter be granted by any law of Congress to any One Of the several States and Territories, and where such law does not COnvey the fee-simple title Of the lands, Or require patents to be issued therefor, the list Of Such lands which have been or may hereafter be certified by the Commissioner of the General Land-Office, under the seal of his office, either as originals or copies of the Originals Or records shall be regarded as COnveying the fee-simple of all the lands embraced in Such lists that are of the character contemplated by such act of Congress, and intended to be granted thereby; but Where lands embraced in Such lists are not Of the character embraced by such acts Of Congress, and are not intended to be granted thereby, the lists, SO far as these lands are concerned, shall be perfectly null and Void, and no right, title, Claim, Or interest shall be conveyed thereby. (R. S. § 2449.) § 487 l. Patents for wagon-road grants to Ore- gon—In all cases when the roads in aid of the Con- struction of which said lands were granted are ShoWn by the certificate of the governor of the State of Ore- gon, as in said acts provided, to have been construct- ed and COmpleted, patents for Said lands Shall issue in due form to the State of Oregon as fast as the Same shall, under Said grants, be Selected and Cer- tified, unless the State of Oregon shall by public act have transferred its interests in Said lands to any Corporation. Or Corporations, in which Case the patents shall issue from the General Land Office to Such COrporation or Corporations upon their payment of the necessary expenses thereof: Provided, That this shall not be Construed to revive any land grant al- ready expired nor to create any new rights of any kind except to provide for issuing patents for lands to which the State is already entitled. (June 18, 1874, c. 305, 18 Stat. 80.) § 4872. Reissue of agricultural college land scrip lost or destroyed—That the provisions of the act of Congress of the twenty-third day of June, eighteen hundred and sixty, relating to the reissue Of land warrants in certain cases, be, and the same are hereby, extended SO as to include the reissue of agricultural-college land scrip lost, cancelled or de- stroyed without the fault of the owner thereof, under Such rules and regulations as the Secretary of the Interior may prescribe. (June 20, 1874, c. 330, 18 Stat. 111.) § 4873. Limitation of entries by agricultural- college scrip—In no case shall more than three sec- tions of public lands be entered at private entry in any One township by scrip issued to any State under the act approved July two, eighteen hundred and sixty-two, for the establishment of an agricultural College therein. (R. S. § 2377.) § 4874. Grant to new States—There is grant- ed, for purposes of internal improvement, to each new State hereafter admitted into the Union, upon such admission, So much public land as, including the quan- tity that Was granted to such State before its admis- sion and while under a territorial government, will make five hundred thousand acres. (R. S. § 2378.) § 4875. Same; selections and locations of lands—The selections of lands, granted in the pre- Ceding section, shall be made within the limits of each State SO admitted into the Union, in Such manner as the legislatures thereof, respectively, may direct ; and Such lands shall be located in parcels conform- ably to Sectional divisions and Subdivisions Of not less than three hundred and twenty acres in any One location, On any public land not reserved from sale by law of Congress Or by proclamation of the Pres- ident. The locations may be made at any time after the public lands in any such new State have been sur- veyed according to law. (R. S. § 2379.) § 4876. Survey of lands granted to certain States—It shall be lawful for the governors of the States of Washington, Idaho, Montana, North Dakota, South Dakota and Wyoming to apply to the Commis- Sioner of the General Land Office for the Survey Of any township Or townships of public land then remaining unsurveyed in any of the several Surveying districts, with a view to satisfy the public land grants made by the Several Acts admitting the Said States into the Union to the extent of the full quantity of land Called for thereby; and upon the application Of Said governors the Commissioner Of the General Land Office shall pro- ceed to immediately notify the Surveyor-General of the application made by the governor of any of the said States Of the application made for the With- drawal of said lands, and the Surveyor-General shall proceed to have the survey or surveys so applied for made, as in the cases of surveys of public lands; and the lands that may be found to fall within the limits of such township or townships, as ascertained by the Survey, shall be reserved upon the filing of the ap- plication for survey from any adverse appropriation by settlement or otherwise except under rights that may be found to exist of prior inception, for a period to extend from Such application for Survey until the expiration of sixty days from the date of the filing of the township plat of survey in the proper district land office, during which period of sixty days the State may select any Of Such lands not embraced in any valid adverse claim, for the satisfaction of such grants, with the condition, however, that the governor of the State, within thirty days from the date of Such filing of the application for Survey, shall cause a no- tice to be published, which publication shall be Con- tinued for thirty days from the first publication, in Some newspaper of general circulation in the vicinity of the lands likely to be embraced in such township or townships, giving notice to all parties interested of the fact of such application for survey and the ex- clusive right Of Selection by the State for the afore- said period of sixty days as herein provided for ; and after the expiration of such period of sixty days any lands which may remain unselected by the State, and not otherwise appropriated according to law, shall be subject to disposal under general laws as other pub- Ch. 10B) & 4882 THE PUBLIC LANDS [Page 737I lic lands: And provided further, That the Commis- Sioner Of the General Land Office Shall give notice immediately of the reservation of any township or townships to the local land office in which the land is situate of the withdrawal of such township or town- ships, for the purpose hereinbefore provided: And provided further, That the governors of the several States herein named are authorized to advance mon- ey from time to time for the Survey Of the town- ships withdrawn at such United States depository as may be designated by the COmmissioner Of the General Land Office, and the moneyS SO advanced shall be reimbursable. The foregoing provisions shall be applicable to Utah when admitted as a State into the Union and a governor is duly inaugurated and acting. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 394.) § 4877. Preference right of selection granted to North Dakota, South Dakota, Montana, Idaho and Washington–The States of North Dakota, South Dakota, Montana, Idaho, and Washington shall have a preference right over any person or Corporation to select lands subject to entry by said States by the act of Congress approved February twenty-second, eight- een hundred and eighty-nine, for a period of Sixty days after lands have been surveyed and duly declar- ed to be subject to selection and entry under the gen- eral land laws of the United States. (March 3, 1893, C. 208, 27 Stat. 592.) – – – – -- - - - - - - - § 4878. Certain lands selected by California confirmed thereto-All selections of any portion of the public domain, to which no homestead, pre-emp- tion or other right had been acquired by any Settler under the laws of the United States, and not being mineral land, nor reserved for naval, military Or In- dian purposes nor held or claimed under any Valid Mexican or Spanish grant, and not included Within the limits of any city, town or village or of the Coun- ty of San Francisco, made prior to the twenty-third day of July, one thousand eight hundred and Sixty- six, and theretofore sold to bona-fide purchasers by the State of California are confirmed to the State Of California : Provided, however, That said State shall not receive any greater quantity of land for SChool or improvement purposes than she is entitled to by law. (R. S. § 2485.) § 4879. Same; selections on lands already surveyed—When selections named in the foregoing section have been made upon lands already Surveyed by authority of the United States, the authorities of said States, where the same has not been already done, shall notify the register of the land-office, for the district in which the land is situated, which notice shall be regarded as the date of the State Selection ; and the said registers of the several land-offices, aft- er investigation and decision, shall, under the in- struction of the Commissioner of the General Land- Office, forward all such selections to the General Land-Office, and the Commissioner of the General Land-Office shall certify the same over to the State in the usual manner. (R. S. § 2486.) § 4880. Same; selections on land surveyed only by State authority—When the State of Cali- fornia has made such selections from the lands not surveyed by the authority of the United States, but which selections have been Surveyed by the author- ity of said State, and the land sold to purchasers in good faith, under the laws of the State, such selec- tions, from said twenty-third of July, eighteen hun- dred and sixty-six, when marked off and designated in the field, shall have the same force and effect as the pre-emption rights of a Settler upon unsurveyed pub- lic lands; and if upon a Survey Of Such lands by the United States, the lines of the two Surveys shall be found not to agree, the Selection shall be so chang- ed as to include those legal Subdivisions which near- est conform to the identical land included in the State survey and selection. Upon filing with the reg- COMP. ST.’18–47 ister of the proper United States land-office of the toWnship plat, in which any such selection of unsur- Veyed land is located, the holder of the State title Shall be allowed the same time to present and prove up his purchase and claim as is allowed pre-emptors under existing laws—and if found in accordance with the law the land embraced therein shall be certified OVer to the State by the Commissioner of the General Land-Office. (R. S. § 2487.) § 4881. Representation of Indian claimants in suits to determine right to school lands—In any Suit heretofore or hereafter instituted in the Supreme Court of the United States to determine the right of a State to what are commonly known as School lands within any Indian reservation or any Indian Cession where an Indian tribe claims any right to Or interest in the lands in controversy, or in the disposition thereof by the United States, the right of such State may be fully tested and determined with- Out making the Indian tribe, or any portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto ; and the duty of representing and defending the right or interest of the Indian tribe, Or any portion thereof, in the matter shall devolve upon the Attorney-General upon the request of such Secretary. (March 2, 1901, c. 808, 31 Stat. 950.) Chapter Ten–B–Grants-in-Aid of Rail- roads and Wagon Roads - Sec. 4882. Cost of Survey of grants to railroads; payment. 4883. Same; surveyed lands taxable notwithstanding lien. 4884. Same; collection of. 4885. sº ºright of forfeiture of railroad grants not af- €C£601. 4886. Same; Union Pacific Railroad lands. 4887. Survey of lands within limits of railroad grants. 4888. Deposits for surveys of lands granted to railroads. 4889. Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers. 4890. Same; rights of entrymen whose entries have not been admitted to record. - 4891. Homestead entries; railroad lands prior to withdrawal or after restoration to market confirmed. 4892. Same; abandoned railroad lands. 4893. Same; railroad lands subsequent to expiration of grant. 4894. Rights of permissive settlers on railroad lands restored to public domain. 4895. Adjustment of land grants to railroads. 4896. Cancellation of patents erroneously issued; reconvey- all 1062. 4897. Erroneous cancellation of bona fide entries corrected. 4808. Patents to purchasers from railroads; purchase money. 4899. Rights of purchasers from railroads of coterminous lands not within grants. 4900. Limitation of quantity to be conveyed. 4901. Suits to cancel patents to lands erroneously issued un- der railroad or wagon road grants. 4902. Claims of bona fide purchasers; establishment of rights. 4903. Same; investigation before suit. 4904. Rºº, of settlers on lands granted in aid of wagon I’O a.C.S. 4905. Forfeiture of unearned grants; restoration to public domain. 4906. Homestead entries on forfeited lands. 4907. Extension of time for entries on or purchases of forfeit- ed lands. 4908. Repurchase by bona fide purchasers from grantees; re- moval of Crops and improvements. 4909. Extension of time for purchases of forfeited lands. 4910. Same. - 4911. Same. 4912. Sarne. 4913. Rights of original grantees to forfeited Iands. 4914. Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted. 4915. Forfeiture of grant on failure to make deposit. 4916. Right to extend public Surveys over lands granted, and other rights of United States, not affected. 4917. Regulations for carrying out statute. 7 § 4882. Cost of survey of grants to railroads; payment—Before any land granted to any railroad company by the United States shall be conveyed to such company, or any persons entitled thereto under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of Surveying, selecting, and COnveying the same by 3 4883 (Tit. 32 THE PUBLIC LANDS [Page 738] the said company or persons in interest. (July 31, 1876, c. 246, 19 Stat. 121.) § 4883. Same; surveyed lands taxable not- withstanding lien—No lands granted to any railroad corporation by any act of Congress shall be exempt from taxation by States, Territories, and municipal corporations on account of the lien of the United States upon the same for the costs of Surveying, Se- lecting, and conveying the same, or because no patent has been issued therefor; but this provision shall not apply to lands unsurveyed: Provided, That any such land sold for taxes shall be taken by the pur- chaser subject to the lien for costs Of Surveying, Se- lecting, and conveying, to be paid in Such manner by the purchaser as the Secretary of the Interior may by rule provide and to all liens of the United States, all mortgages of the United States, and all rights of the United States in respect Of Such lands: Provided further, That this act shall apply only to lands sit- uated opposite to and coterminous with completed por- tions of said roads, and in Organized Counties: Pro- vided further, That at any sale of lands under the provisions Of this act the United States may become a preferred purchaser, and in such case the lands sold shall be restored to the public domain and disposed of as provided by the laws relating thereto. (July 10, 1886, c. 764, § 1, 24 Stat. 143.) § 4884. Same; collection of—If any railroad Corporation required by law to pay the costs of Sur- Veying, selecting, or conveying any lands granted to Such COmpany or for its use and benefit by act Of Con- gress shall for thirty days neglect or refuse to pay any such costs after demand for payment thereof by , the Secretary of the Interior, he shall notify the At- torney-General, who shall at once commence pro- ceedings to Collect the same. But When any Sum shall be collected Of Such railroad Company as costs of surveying, selecting, and conveying any tract of land Which shall have been purchased under the provisions of section one hereof, the Secretary of the Interior shall Out Of Such Collections reimburse said purchaser, his heirs or assigns, the amount of money paid by him as the costs of such surveying, se- lecting, and conveying. (July 10, 1886, c. 764, § 2, 24 Stat. 143.) § 4885. Same; right of forfeiture of railroad grayats mot affected—This act shall not affect the right of the Government to declare or enforce a for- feiture of any lands so granted ; but all the rights Of the United States to said lands or to any interest therein shall be and remain as if this act had not passed, except as to the lien mentioned in the first Section hereof. (July 10, 1886, c. 764, § 3, 24 Stat. 143.) § 4886. Same; Union Pacific Railroad lands— Section twenty-one of chapter two hundred and six- teen, approved July second, eighteen hundred and Sixty-four, is hereby so amended as that the costs of Surveying, selecting and conveying therein required to be paid shall become due and payable at and on the demand therefor made by the Secretary of the Interior as provided in section two of this act, and nothing in this act shall be construed or taken in any Wise to affect or impair the right of Congress at any time hereafter further to alter, amend, or repeal the Said act, as in the Opinion of Congress, justice or the public welfare may require, or to impair or waive any right or remedy in the premises now existing in favor of the United States. This act shall be Sub- ject to alteration, amendment, or repeal. (July 10, 1886, c. 764, § 4, 24 Stat. 143.) § 4887. Survey of lands within limits of rail- road grants—For the survey of the public lands lying Within the limits of land grants made by Congress to aid in the construction of railroads, and the selection therein of such lands as are granted therefor, to en- able the Secretary of the Interior to carry out the provisions of section one of the Act of March third, pany Or persons in interest”: eighteen hundred and eighty-seven, entitled “An Act to provide for the adjustment of land grants made by Congress to aid in the Construction of railroads, and for the forfeiture of unearned lands, and for Other purposes,” being chapter three hundred and Seventy-six of volume twenty-four of the Statutes at Large, page five hundred and fifty-six, the sum of One hundred thousand dollars is hereby appropriated and made a Continuing appropriation for the Survey of lands within the limits of railroad land grants, and any money which shall be expended of such ap- propriation and reimbursed and paid into the Treas- ury is hereby reappropriated, and said sum shall re- main a continuing appropriation, and so often as any part Of the same shall, after being expended, be reimbursed by any railroad company as hereinafter provided, the same shall be again available for the purposes aforesaid: Provided, That any portion of Said Sum expended for surveying such lands shall be reimbursed by the respective companies or parties in interest for whose benefit the lands are granted, aCCOrding to the provisions of the Act of July fif- teenth, eighteen hundred and seventy, chapter two hundred and ninety-two, volume sixteen, pages three hundred and five and three hundred and six, and Act Of July thirty-first, eighteen hundred and seventy-six, Chapter two hundred and forty-six of volume nineteen, page Olle hundred and twenty-One of the Statutes at Large, requiring “that before any lands granted to any railroad company shall be conveyed to such Company Or any persons entitled thereto under any of the Acts incorporating or relating to said company, unless said company is excepted by law from the pay- ment Of Such cost, there shall first be paid into the Treasury of the United States the cost of surveying, Selecting, and conveying the same by the said com- And provided further, That Whenever there shall have been reimbursed and paid into the Treasury of the United States, by the respective Companies or parties in interest, any part of Said appropriation expended for surveys within Such grants, there shall be immediately available, out Of any money in the treasury not otherwise appro- priated, an amount equal to the amount so reim- bursed, and the same shall be available for the sur- Vey Of the public lands lying within the limits of the railroad land grants made by Congress, until all Of Said lands shall have been surveyed: Provided, That nothing herein contained shall be construed to prevent the use, within the limits of any railroad land grant made by Congress, of any part of any regular appropriation for surveying the public lands: ProVided, That no part of the foregoing money shall be used for any land embraced in any grant to the State of Florida: And provided further, That the provisions of law requiring reimbursements to be made to the United States by railroad corporations claiming such grants, shall apply equally to the suc- CeSSOPS Of such railroad corporations acquiring title to their lands and other property, under decree of foreclosure of any mortgage authorized by Congress. This paragraph shall be in lieu of the provision in the Sundry civil appropriation Act approved August eighteenth, eighteen hundred and ninety-four, provid- ing for the Survey of such lands, and the Secretary of the Interior shall report to each regular session of Congress What has been done under the foregoing provisions. (March 2, 1895, c. 189, § 1, 28 Stat. 937.) § 4888. Deposits for surveys of lands granted to railroads—When any railroad company claiming a grant Of land under any Act of Congress, desiring to Secure the Survey of any unsurveyed lands within the limits of its grant, shall file an application therefor in writing with the Surveyor-general of the State in which the lands sought to be surveyed are situated, and deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey and for the examination thereof pur- Ch. 10B) 3 4896 THE PUBLIC LANDS. [Page 739] Suant to law and the rules and regulations of the De- partment Of the Interior Under the direction of the Commissioner Of the General Land Office, it shall there- upon be the duty of the Commissioner of the General Land Office, or the Director of the Geological Survey, as the Case may be, to cause said lands to be Sur- veyed. For any deposits made by any railroad company here under, certificates shall be issued, which may be used by such railroad company, its successors or as- signs, to the same extent as cash is now allowed in payment of entries of public lands under existing law and regulations for any public lands of the United States in the States where the surveys were made, or for any Survey or office fees due the United States from such railroad company on account of Surveys of lands within its grant. The Secretary of the Interior shall provide such rules and regulations as may be Inecessary for carrying Out the foregoing provisions. (Feb. 27, 1899, c. 205, 30 Stat. 892.) 4. § 4889. Selection by railroads of lands in 1íeu of lands entered subsequent to accrual of rights; title of settlers—In the adjustment of all railroad land grants, whether made directly to any railroad Company or to any State for railroad purposes, if any of the lands granted be found in the possession Of an actual settler whose entry or filing has been al- lowed under the [pre-emption or] homestead laws of the United States Subsequent to the time at which, by the decision of the land-office, the right of said road Was declared to have attached to such lands, the grantees, upon a proper relinquishment Of the lands SO entered or filed for, shall be entitled to Select an equal quantity of other lands in lieu thereof from any . Of the public lands not mineral and within the lim- its of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be SO construed as to enlarge Or extend any grant to any such railroad or to extend to lands reserved in any land grant made for rail- road purposes: And provided further, That this act shall not be construed SO as in any manner to confirm or legalize any decision or ruling of the In- terior Department under which lands have been Cer- tified to any railroad company when such lands have been entered by a [pre-emption or] homestead settler after the location of the line of the road and prior to the notice to the local land-office of the withdrawal of such lands from market. (June 22, 1874, c. 400, 18 Stat. 194.) Text in brackets superseded by repeal of pre-emption laws by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097. § 4890. Sama; rights of entrymen whose en- tries have not been admitted to record—The priv- ileges granted by the aforesaid act approved June twenty-second, eighteen hundred and seventy-four, are hereby extended (subject to the provisos, limita- tions, and restrictions thereof) to all persons entitled to the right of homestead [or pre-emption] under the laws of the United States, who have resided upon and improved for five years lands granted to any railroad company, but whose entries or filings have not for any cause been admitted to record. (Aug. 29, 1890, c. 819, 26 Stat. 369.) See § 4889 and note. § 4891. Homestead entries; railroad lands pri- or to withdrawal or after restoration to Imarket confirmed—All [pre-emption and homestead entries, Or entries in Compliance with any law Of the United States, of the public lands, made in good faith, by actual settlers, upon tracts of land of not more than One hundred and sixty acres each, within the limits Of any land-grant, prior to the time when notice of the withdrawal of the lands embraced in such grant WaS received at the local land-Office of the district in Which such lands are situated, or after their restora- tion to market by order of the General Land-Office, and where the [pre-emption and] homestead laws have been Complied with, and proper proofs thereof have been made by the parties holding such tracts or par- Cels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto. (April 21, 1876, c. 72, § 1, 19 Stat. 35.) See § 4889 and note. sº § 4892. Šame; abandoned railroad lands— When at the time Of Such withdrawal as aforesaid Valid [pre-emption Orl homestead claims existed upon any lands within the limits Of any such grants which afterward were abandoned, and, under the decisions and rulings of the Land Department, were reentered by [pre-emption or] homestead claimants who have COmplied with the laws governing [pre-emption Orl homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed Valid, and patents shall issue therefor to the person entitled thereto. (April 21, 1876, c. 72, § 2, 19 Stat. 35.) See § 4889 and note. § 4893. Same; railroad lands subsequent to expiration of grant—All such [pre-emption andl homestead entries which may have been made by per- mission of the Land Department, Or in pursuance of the rules and instructions thereof, within the limits Of any land-grant at a time Subsequent to expiration –of–such—grant, shall-be deemed valid, and—a compli-- ance with the laws and the making of the proof re- Quired shall entitle the holder Of Such claim to a pat- ent therefor. (April 21, 1876, c. 72, § 3, 19 Stat. 36.) See § 4889 and note. § 4894. Fights of permissive settlers on rail- road lands restored to public domain—All perSOIns who shall have settled and made Valuable and perma- nent improvements upon any Odd numbered Section Of land within any railroad withdrawal in good faith and with the permission Or license of the railroad COm- pany for whose benefit the same shall have been made, and with the expectation of purchasing Of Such colm- pany the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time Of Such restoration, may not be entitled to enter and a C- Quire title to Such land under the [pre-emption] homesteadſ, or timber-Culture] acts of the United States, shall be permitted, at any time within three months after Such restoration, and under SUICh rules and regulations as the Commissioner Of the General Land Office may prescribe, to purchase not to exceed one hundred and sixty acres in extent of the same by legal subdivisions, at the price of two dollars and fifty cents per acre, and to receive patents therefor. (Jan. 13, 1881, c. 19, 21 Stat. 315.) Text in brackets superseded by repeal of pre-emption and timber culture laws, by Act March 3, 1891, c. 561, § 4, 26 Stat. 1097, and by § 5116. § 4895. Adjustment of land grants to rail- roads—That the Secretary of the Interior be, and is hereby authorized and directed to immediately adjust, in accordance with the decisions of the Supreme Court, each of the railroad land grants made by Con- gress to aid in the Construction of railroads and here- tofore unadjusted. (March 3, 1887, c. 376, § 1, 24 Stat. 556.) § 4896. Caneellation of patents erroneously is— sued; reconveyanee—If it shall appear, upon the completion of such adjustments respectfully, or soon- er, that lands have been, from any cause, heretofore erroneously certified or patented, by the United States, to or for the use or benefit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon de- mand from Such company a relinquishment or recon- veyance to the United States of all such lands, wheth- er within granted or indemnity limits; and if such company shall neglect or fail to so reconvey such Iands to the United States within ninety days after the aforesaid demand shall have been made, it shall thereupon be the duty Of the Attorney-General to Com . " 4 4897 (Tit. 32 THE PUBLIC LANDS [Page 740] mence and prosecute in the proper courts the neces- Sary proceedings to cancel all patents, certification, or Other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States. (March 3, 1887, c. 376, § 2, 24 Stat. 556.) § 4897. Erroneous cancellation of bona fide entries corrected—If, in the adjustment of said grants, it shall appear that the homestead or pre- emption entry of any bona fide settler has been erro- neously canceled on account of any railroad grant or the Withdrawal of public lands from market, such Settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That he has InOt, located another claim or made an entry in lieu of the One SO erroneously canceled: And provided also, That he did not voluntarily abandon said original en- try: And provided further, That if any of said set- tlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior then all such unclaimed lands shall be disposed of under the public land laws, with priority Of right given to bona fide purchasers of said unclaim- ed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon. (March 3, 1887, c. 376, § 3, 24 Stat. 557.) - § 4898. Patents to purehasers from railroads; purchase money—As to all lands, except those men- tioned in the foregoing section, which have been SO erroneously certified or patented as aforesaid, and which have been sold by the grantee company to Citi- zens of the United States, or to persons who have de- Clared their intention to become such citizens, the person or persons so purchasing in good faith, his heirs Or assigns, shall be entitled to the land SO pur- Chased, upon making proof of the fact of such pur- chase at the proper land-Office, within such time and under such rules as may be prescribed by the Secre- tary of the Interior, after the grants respectively shall have been adjusted ; and patents of the United States shall issue therefor, and shall relate back to the date Of the Original certification or patenting, and the Sec- retary of the Interior, on behalf of the United States, shall demand payment from the company which has so disposed of such lands of an amount equal to the GOvernment price of similar lands; and in Case of neglect or refusal of such company to make payment as hereafter specified, within ninety days after the demand shall have been made, the Attorney-General Shall CauSe Suit Or Suits to be brought against Such company for the said amount: Provided, That noth- ing in this act shall prevent any purchaser of lands erroneously withdrawn, certified, or patented as afore- said from recovering the purchase-money therefor from the grantee Company, less the amount paid to the TJnited States by Such company as by this act requir- ed: And provided, That a mortgage or pledge of said lands by the company shall not be considered as a sale for the purpose of this act, nor shall this act be Construed as a declaration Of forfeiture Of any portion of any land-grant for conditions broken, or as authorizing an entry for the same, or as a waiver of any rights that the United States may have On a C- Count of any breach Of Said conditions. Provided fur- ther, That where such purchasers, their heirs or as- signs, have paid only a portion. Of the purchase price to the company, which is less than the Government price of similar lands, they shall be required, before the delivery of patent for their lands, to pay to the Government a Sum equal to the difference between the portion of the purchase price So paid and the Govern- ment price, and in such case the amount demanded from the company shall be the amount paid to it by such purchaser. (March 3, 1887, c. 376, § 4, 24 Stat. 557, amended, Feb. 12, 1896, c. 18, 29 Stat. 6.) § 4899. Rights of purchasers from railroads of coterminous lands not within grants—Where any said company shall have sold to citizens of the United States, or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of Such company, said lands being the numbered Sections prescribed in the grant, and being CoterminOuS with the constructed parts of said road, and Where the lands so sold are for any reason excepted from the Operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said Company to make payment to the United States for said lands at the Ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions Of this Section which at the date Of Such sales were in the bona fide Occupation of adverse claimants under the pre-emption Or homestead laws of the United States, and whose claims and OCCupa- tion have not since been Voluntarily abandoned, as to which excepted lands the said pre-emption and homestead Claimants shall be permitted to perfect their proofs and entries and receive patents there- for: Provided further, That this section shall not apply to lands settled upon Subsequent to the first day Of December, eighteen hundred and eighty-two, by persons claiming to enter the same under the Settlement laws Of the United States, as to Which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. (March 3, 1887, c. 376, § 5, 24 Stat. 557.) § 4900. Limitation of quantity to be conveyed —No more lands shall be Certified Or Conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein men- tioned, where it shall appear to the Secretary Of the Interior that Such transfers may Create an eXCeSS over the quantity of lands to which such State Cor- poration or individual would be rightfully entitled. (March 3, 1887, c. 376, § 7, 24 Stat. 558.) § 4901. Suits to cancel patents to lands er- roneously issued under railroad or wagon road grants—Suits by the United States to vacate and annul any patent to lands heretofore erroneously is- sued under a railroad or wagon road grant shall only be brought within five years from the passage of this Act, and suits to vacate and annul patents here- after issued shall only be brought within six years after the date of the issuance of Such patents, and the limitation of Section eight of chapter five hundred and sixty-one of the acts of the second session of the Fifty-first Congress and amendments thereto is ex- tended accordingly as to the patents herein referred to. But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purchaser is hereby COnfirmed: Provided, That no suit shall be brought or main- tained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which Were lost or relinquished by the grantee in consequence of the failure of the Government or its officers to Withdraw the same from sale or entry. (March 2, 1896, c. 89, § 1, 29 Stat. 42.) See § 5114. § 4.902. Claims of bona fide purchasers; es- tablishment of rights—If any person claiming to be a bona fide purchaser of any lands erroneously pat- ented or certified shall present his claim to the Seç. retary of the Interior prior to the institution of a Suit to cancel a patent or certification, and if it shall ap: pear that he is a bona fide purchaser, the Secretary of the Interior shall request that suit be brought in Such case against the patentee, or the corporation, Com- pany, person, or association of persons for whose benefit the certification was made, for the Value of said land, which in no case shall be more than the minimum Government price thereof, and the title of such claimant shall stand confirmed. An adverse de- cision by the Secretary of the Interior on, the bona fides of such claimant shall not be conclusive of his Ch. 10B) § 4908 THE PUBLIC LANDS rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the Secretary Of the Interior, is made a party to such Suit, and if found by the court to be a bona fide purchaser, the Court shall decree a Con- firmation of the title, and shall render a decree in behalf. Of the United States against the patentee, Corporation, COImpany, person, or association. Of per- Sons for Whose benefit the Certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or cer- tified to a railroad Company, and who is not made a party to Such Suit, and Who , has not Submitted his claim to the Secretary of the Interior, may establish his right as such boma fide purchaser in any United States COurt having jurisdiction Of the Subject-mat- ter, Or at his Option, as prescribed in Sections three and four of Chapter three hundred and seventy-six Of the ACts Of the Second Session of the FOrty-ninth Congress. (March 2, 1896, c. 39, § 2, 29 Stat. 43.) See §§ 4897, 4898. § 4903. Same; investigation before suit—If at any time prior to the institution of suit by the Attorney-General to Cancel any patent or certifica- tion of lands erroneously patented or certified a claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, Corporation or corporations, claiming that such per- SOn Or persons, corporation or Corporations, is a bona fide purchaser Or are bona fide purchasers of any patented Or Certified land by deed or contract or Otherwise, from Or through the Original patentee or Corporation to which patent Or Certification was is- Sued, no Suit Or action shall be brought to Cancel or annul the patent or certification for said land until Such Claim is investigated in said Department of the Interior; and if it shall appear that such person Or Corporation is a bona fide purchaser, as aforesaid, . Or that Such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall Stand Confirmed ; but the Secretary of the Interior Shall request that suit be brought in such case against the patentee, or the Corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified. (March 2, 1896, c. 39, § 3, 29 Stat. 43.) § 4904. Relief of settlers on lands granted in aid of wagon roads—The provision of the Act of June twenty-second, eighteen hundred and seventy- four, entitled “An Act for the relief of Settlers On railroad lands,” and all Acts amendatory thereof or Supplementary thereto, including the Act approved March third, eighteen hundred and eighty-seven, en- titled “An Act to provide for the adjustment of land grants made by Congress to aid in the construc- tion of railroads and for the forfeiture of unearned lands, and for other purposes,” as modified or Sup- plemented by the Act approved March second, eighteen hundred and ninety-six, entitled “An Act to provide for the extension of the time within which Suits may be brought to vacate and annul land pat- ents, and for other purposes,” shall apply to grants of land in aid of the construction of wagon roads. (July 1, 1902, c. 1386, 32 Stat. 733.) See §§ 4889-4903. § 4905. Forfeiture of unearned grants; res- toration to public domain—There is hereby for- feited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and co- terminus with the portion of any such railroad not InOW COmpleted, and in Operation, for the Construc- tion or benefit of which such lands were granted; and all Such lands are declared to be a part of the public domain: Provided, That this act shall not be Construed as forfeiting the right of way or station [Page 741] grounds of any railroad company heretofore granted. (Sept. 29, 1890, c. 1040, § 1, 26 Stat. 496.) § 4906. Homestead entries on forfeited lands —All persons who, at the date of the passage of this act, are actual Settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, On making due claim on said lands under the home- stead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual Settlers from the date Of actual Settlement or OCCu- pation ; and any person who has not heretofore had the benefit Of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract Of land heretofore entered by him under ei- ther of said laws, may make a second homestead entry under the provisions of this act. The Secretary Of the Interior shall make such rules as will Secure to such actual settlers these rights. (Sept. 29, 1890, c. 1040, § 2, 26 Stat. 496.) - § 4907. Extension of time for entries on or purchases of forfeited lands—An act entitled “An act to forfeit certain lands heretofore granted for the purpose Of aiding in the construction of railroads, and for other purposes,” approved September twenty- —ninth, eighteen-hundred-and-ninety, be, and the same is hereby, amended so that the period within which Settlers, purchasers, and others under the provisions of Said act may make application to purchase lands forfeited thereby or to make or move to perfect any homestead entries which are preserved or authorized under Said act when Such period begins to run from the passage of the act Shall begin to run from the date of the promulgation by the Commissioner of the General Land Office Of the instructions to the Officers Of the local land Offices, for their direction in the dis- position of said lands: Provided, That nothing herein shall extend any time or enlarge any rights given by said act to any railroad Company. (Feb. 18, 1891, c. 244, 26 Stat. 764.) - § 4908. Repurchase by bona fide purchasers from grantees; removal of crops and improve- ments—In all cases where persons being citizens of the United States, or who have declared their inten- tions to become such, in accordance with the natu- ralization laws of the United States, are in posses- sion of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where per- sons may have settled said lands with bona fide in- tent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of Congress they shall be entitled to purchase the same from the United States, in quantities not ex- ceeding three hundred .and twenty acres to any one Such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payments to receive patents therefor, and where any Such per- son in actual possession of any such lands and having improved the same prior to the first day of January, eighteen hundred and ninety, under deed, written con- tract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad COm- pany prior to said date, on account of the purchase price of said lands from it, on proof of the amount of Such payments he shall be entitled to have the same, to the extent and amount of One dollar and twenty- five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for Said lands, or Such persons may elect to abandon their purchases and make Claim. On said lands under the homestead law and as provided ź 4909 (Tit. 32 THE PUBLIC LANDS in the preceding section of this act: Provided, That in all cases where parties, persons or corporations, with the permission Of Such State or Corporation, Or its assignees, are in the possession of and have made improvements upon any of the lands hereby resumed and restored, and are not entitled to enter the Same under the provisions of this act, such parties, persons, or Corporations shall have six months in which to re- move any growing crop, and within which time they shall also be entitled to remove all buildings and Other movable improvements from said lands: Pro- vided further, That the provisions of this section shall not apply to any lands situate in the State of LOWa. On which any person in good faith has made Or as- Seited the right to make a pre-emption or homestead settlement: And provided further, That nothing in this act contained shall be construed as limiting the rights granted to purchasers or settlers by “An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for Other purposes,” approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amend- ing said act, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title. (Sept. 29, 1890, c. 1040, § 3, 26 Stat. 496.) § 4909. Extension of time for purchases of forfeited lands—That section three of an act enti- tled: “An act to forfeit certain lands heretofore grant- ed for the purpose of aiding in the construction of railroads, and for other purposes,” be, and the same is, amended so as to extend the time within which persons actually residing upon lands forfeited by Said act shall be permitted to purchase the same in the quantities and upon the terms provided in Said Sec- tion at any time within three years from the passage of said act. (June 25, 1892, c. 133, 27 Stat. 59.) § 4910. Same—That section three of an act en- titled “An act to forfeit Certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes,” be, and the same is, amended so as to extend the time Within which persons entitled to purchase lands forfeited by said act upon the line of the Northern Pacific Rail- road Company between Wallula, Washington, and Portland, Oregon, shall be permitted to purchase the same in the quantities and upon the terms provided in said section to January first, eighteen hundred and niney-four. (Jan. 31, 1893, c. 54, 27 Stat. 427.) § 4911. Same-That section three of an Act en- titled “An Act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes,” approved Sep- tember twenty-ninth, eighteen hundred and ninety, and the several Acts amendatory thereof, be, and the same is, amended so as to extend the time Within which persons entitled to purchase lands forfeited by said Act shall be permitted to purchase the same, in the quantities, and upon the terms provided in said section, at any time prior to January first, eighteen hundred and ninety-seven: Provided, That actual residence upon the lands by persons claiming the right to purchase the same shall not be required where such lands have been fenced, cultivated, Or otherwise improved by such claimants, and such persons shall be permitted to purchase two or more tracts of such lands by legal subdivisions, whether contiguous or not, but not exceeding three hundred and twenty acres in the aggregate. (Dec. 12, 1893, c. 1, 28 Stat. 15, amended, Jan. 23, 1896, c. 8, 29 Stat. 4.) § 4912. Sagme—That section three of an Act en- titled . “An Act to forfeit Certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes,” approved Sep- tember twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof, be, and the same is, and ended SO as to extend the time Within [Page 742.] Which persons entitled to purchase lands forfeited by Said Act shall be permitted to purchase the same, in the quantities and upon the terms provided in said Section and the amendments thereto, at any time prior to January first, eighteen hundred and ninety- nine: ; Provided, That nothing herein contained shall be so construed as to interfere with any adverse Claim that may have attached to the lands or any part thereof. (Feb. 18, 1897, c. 250, 29 Stat. 535.) § 4913. Rights of original grantees to for- feited lands—No lands declared forfeited to the United States by this act shall by reason of such forfeiture inure to the benefit of any State or cor- poration to which lands may have been granted by Congress, except as herein otherwise provided ; Inor Shall this act be construed to enlarge the area of land Originally covered by any such grant, or to confer any right upon any State, Corporation Or person to lands which were excepted from such grant. Nor shall the moiety of the lands granted to any railroad COmpany. On a CCOUInt Of a main and a branch line appertaining to uncompleted road, and hereby for- feited, within the conflicting limits of the grants for such main and branch lines, when but One of such lines has been completed, inure by virtue of the for- feiture hereby declared, to the benefit of the Com- pleted line. (Sept. 29, 1890, c. 1040, § 6, 26 Stat.,498.) § 4.914. Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted—To enable the Secretary of the In- terior to complete the adjustment of land grants made by Congress to aid in the construction of railroads, and to subject the lands granted to taxation by States, Territories, and municipal authorities, any railroad Corporation required by law to pay the Costs Of Surveying, selecting, or conveying any lands grant- ed to such company or corporation, or for its use and benefit, by any Act of Congress, shall be, and is here- by, required, within ninety days from demand by the Secretary of the Interior, to deposit in a proper United States depository to the Credit of the United States a sum sufficient to pay the cost of Surveying, selecting, and conveying any of the unsurveyed lands granted to such company, or for its use and benefit, under any act of Congress: , Provided further, That the Secre- tary of the Interior shall determine and specify in the notice or demand to such company the amount Of the required deposit, and may, in his discretion, de- mand a sum sufficient to COver the Cost of the Survey, Selection, and Conveyance of the entire area granted to any company, or for its use and benefit, then unsur- veyed, or for such townships or fractional townships as he may prescribe and designate in the notice or demand to such company, as aforesaid: And provid- ed further, That the amount deposited shall, subject to the rules and regulations of the Department of the Interior, under the direction of the Commissioner of the General Land Office, he disbursed for the Sur- veying, including Office and field work, selection, and Conveyance of the lands granted and designated in the notice of the Secretary of the Interior, as afore- said: And provided further, That in the event the money deposited by any railroad Corporation under the provisions of this act shall exceed the Cost of said surveys, the said excess thereof shall be repaid to the corporations so depositing the same, or to its assigns. (June 25, 1910, c. 406, § 1, 36 Stat. 834.) § 4915. Forfeiture of grant on failure to make deposit—If any railroad corporation required by law to pay the costs of surveying, selecting, or Con- veying any lands granted to such corporation, or for its use and benefit, by any Act of Congress, shall, for ninety days from notice or demand by the Secretary of the Interior, as provided in this Act, neglect or refuse to deposit an amount Sufficient to meet the ex- pense of surveying, selecting, and conveying the un- Surveyed lands granted to such COmpany, Or for its use and benefit, by any Act of COngress, and designat- ed in the notice or demand by the Secretary of the Ch. 10c) 3 4923 THE PUBLIC LANDS [Page 743] Interior, as aforesaid, the rights, title, and interests Of Such Company, and all those claiming by, through, Or under it, in and to the unsurveyed lands designated in the notice of the Secretary, as aforesaid, shall cease and forfeit to the United States ; and the Sec- retary of the Interior shall notify the Attorney-Gen- eral, who shall at Once Commence proceedings to declare the forfeiture and to restore the lands for- feited to the public domain. (June 25, 1910, c. 406, § 2, 36 Stat. 834.) § 4916. Right to extend public surveys over lands granted, and other rights of United States, not affected—This Act shall not affect the right of the Secretary of the Interior to cause the public Sur- Veys to be extended over any lands granted to any railroad or corporation by any Act of Congress in the manner now otherwise provided by law, nor shall any Claim, right, interest, or demand of the Government Of the United States be waived or annulled by the provisions hereof: Provided, That all granted lands Surveyed under the provisions Of this Act shall be Subject to taxation by States, Territories, and mu- nicipal authorities, and the right of the Government to reimburse itself for the survey, selection, and con- Veyance of such lands otherwise provided by law Shall remain in full force and effect. (June 25, 1910, c. 406, § 3, 36 Stat. 834.) § 4.917. Regulations for carrying out statute -The Secretary of the Interior shall prescribe such rules and regulations as will be necessary to the Carrying out of the foregoing provisions. 1910, c. 406, § 4, 36 Stat. 835.) Chapter Ten C–Rights of Way and Other Easements in Public Lands Sec. 4318. Navigable rivers public highways. 4919. Right of way for highways. 4920. Roads across military reservations; ferry landings; bridges. 4921. Right of way through public lands granted to railroads. 4922. Same; several roads through canyons; grade crossings. 4923. Same; condemnation of land. 4924. Same; map of road; forfeiture of rights. 4925. Same; lands excepted. 4926. Same; alteration, amendment, or repeal of act. 4927. Same; forfeiture of rights where railroad not construct- ed in five years after location. 4928. Same; forfeiture of rights where railroad not construct- ed in five years after location. 4929. Railroad stations on rights of way granted. 4930. Same; time for establishment. 3. 4931. Riº of Way for railroads; reserved lands in Minne- SO Ca. 4932. Same; in Oklahoma, and Arizona. 4933. Rºtion in patents of right of way for ditches or A. Cà.na.IS. 4934. Right of way to canal and ditch companies for irriga- tion purposes. 4935. Same; map; damages to settlers. 4936. Same; application of act to existing and future canals. 4937. Same; use for canal or ditch only. 4938. Right of way for water transportation, domestic pur- poses, or development of power. 4939. Reservoir sites for water for live stock. 4940. Same; declaratory statement. 4941. Same; survey; map. 4942. Same; amendment or repeal of act. 4943. Right of way for tramroads, canals, or reservoirs. 4944. Right of way to electric power companies, 4945. Rights of way for wagon roads or railroads. 4946. Rights of way for electrical plants. 4947. Rights of way for dams, reservoirs, or water plants for municipal, mining, and milling purposes. 4948. Rights of way for electrical poles and lines. 4949. Right of way in Colorado and Wyoming to pipe line Companies. 4950. Same; applications. 4951. Same; forfeiture, 4952. Same; use. 4953. Right of way in Arkansas to pipe line companies. 4954. Same; applications. 4955. Same; use. 4956. Same; forfeiture. 4957. Same; forfeiture. § 4918. Navigable rivers publie highways—All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public high Ways; and, in all cases where the opposite banks (June 25, .demned ; Of any streams not navigable belong to different per- SOnS, the stream and the bed thereof shall become com- mon to both. (R. S. § 2476.) § 4919. Right of way for highways—The right of way for the construction of highways Over public lands, not reserved for public uses, is hereby granted. (R. S. § 2477.) § 4920. Roads across military reservations; ferry landings; bridges—The Secretary of War shall have authority, in his discretion, to permit the ex- tension of State, county, and Territorial roads across military reservations; to permit the landing of fer- ries, the erection of bridges thereon ; and permit cat- tle, Sheep or other stock animals to be driven across Such reservation, whenever in his judgment the same Can be done Without injury to the reservation Or in- COnvenience to the military forces stationed thereon. (July 5, 1884, c. 214, § 6, 23 Stat. 104.) § 4921. Right of way through publie Hands granted to railroads—The right of way through the public lands of the United States is hereby granted to any railroad company duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, Which shall have filed with the Secretary of the In- terior a copy of its articles of incorporation, and due proofs of its organization under the same, to the eXtent Of One hundred feet on each side of the Cen- tral line of said road; also the right to take, from the public lands adjacent to the line of said road, ma- terial, earth, stone, and timber necessary for the con- Struction of said railroad ; also ground adjacent to Such right of way for station-buildings, depots, ma- Chine shops, side-tracks, turn-outs, and water-sta- tions, not to exceed in amount twenty acres for each Station, to the extent of one station for each ten miles of its road. (March 3, 1875, c. 152, § 1, 18 Stat. 482.) $ 4922. Same; several roads through canyons; grade crossings—Any railroad company whose right Of Way, or whose track or road-bed upon such right Of Way, passes through any canyon, pass, or defile, Shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other rail- roads at grade. And the location of such right of Way through any canyon, pass, or defile shall not . Cause the disuse of any wagon or other public high- Way now located therein, nor prevent the location through the same of any such wagon road or high- Way Where such road or highway may be necessary for the public accommodation ; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any can- yOn, pass, or defile, said railroad Company shall before entering upon the ground occupied by such wagon TOad, Cause the same to be reconstructed at its own expense in the most favorable location, and in as per- fect a manner as the original road : Provided, That such expenses shall be equitably divided between any number of railroad Companies occupying and using the same canyon, pass or defile. (March 3, 1875, c. 152, § 2, 18 Stat. 482.) § 4923. Same; condemnation of land—The leg- islature of the proper Territory may provide for the manner in which private lands and possessory claims On the public lands Of the United States may be COn- and where Such provision shall not have been made, such COndemnation may be made in a C- Cordance with Section three Of the act entitled “An act to aid in the COnstruction. Of a railroad and tele- graph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, ap- proved July first, eighteen hundred and sixty-two,” approved July second, eighteen hundred and sixty- four. (March 3, 1875, c. 152, § 3, 18 Stat. 482.) 3 4924 (Tit. 32 THE PUBLIC LANDS IPage 744] § 4924. Same; map of . road; forfeiture of rights—Any railroad-company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles Of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register Of the land Office for the district where Such land is 10Cated a profile Of its road ; and upon ap- proval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all Such lands Over which Such right Of Way shall pass shall be disposed Of Subject to such right of way: Provided, That if any section of Said road shall not be Completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncomplet- ed section of said road. (March 3, 1875, c. 152, § 4, 18 Stat. 483.) - § 4925. Same; lands excepted—This act shall not apply to any lands within the limits of any mili- tary, park, Or Indian reservation, Or Other lands especially reserved from safe, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed. (March 3, 1875, c. 152, § 5, 18 Stat. 483.) § 4926. Same; alteration, amendment, or re- peal of act—Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. (March 3, 1875, c. 152, § 6, 18 Stat. 483.) wº- § 4927. Same; forfeiture of rights where rail- road not cokastructed in five years after location. —Each and every grant Of right of Way and station grounds heretofore made to any railroad Corporation under the Act of Congress approved March third, eighteen hundred and Seventy-five, entitled “An Act granting to railroads the right of way through the public lands of the United States,” where such rail- road has not been constructed and the period of five years next following the location of said road, or any Section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent Of any portion Of Such located line now remaining unconstructed, and the United States here- by resumes the full title to the lands covered thereby freed and discharged from such easement, and the forfeiture hereby declared shall, without need of fur- ther assurance or conveyance, inure to the benefit of any owner or OWners of land heretofore Conveyed by the United States subject to any such grant of right of way or station grounds: Provided, That in any Case under this Act where Construction of the rail- road is progressing in good faith at the date of the approval Of this Act the forfeiture declared in this Act shall not take effect as to such line of railroad. (June 26, 1906, c. 3550, 34 Stat. 482.) § 4928. Same; forfeiture of rights where rail- road not constructed in five years after location. —Each and every grant of right Of Way and Station grounds heretofore made to any railroad Corpora- tion under the Act Of Congress approved March third, eighteen hundred and seventy-five, entitled “An Act granting to railroads the right of way through the public lands of the United States,” where such rail- road has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and here- by is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States here- by resumes the full title to the lands covered thereby free and discharged from such easement, and the for- feiture hereby declared shall, without need of fur- ther assurance or conveyance, inure to the benefit of any owner or Owners Of land heretofore conveyed by the United States subject to any Such grant of right of way or station grounds: Provided, That no right of way on which construction is progressing in good faith at the time of the passage of this Act shall be in any wise affected, validated or invalidated, by the ºwns of this Act. (Feb. 25, 1909, c. 191, 35 Stat. 647. § 4929. Railroad stations on rights of way granted—All railroad companies operating railroads through the Territories of the United States Over a right Of way obtained under any grant or Act of Con- greSS giving to said railroad companies the right Of Way Over the public lands Of the United States Shall be required to establish and maintain passenger sta- tions and freight depots at Or Within One-fourth Of a mile of the boundary limits of all town sites al- ready established in Said Territories On the line Of Said railroads by authority of the Interior Depart- ment. (Aug. 8, 1894, c. 236, § 1, 28 Stat. 263.) § 4930. Same; time for establishment—Said railroad companies are hereby required within three Imonths from the passage of this Act to establish at Or within one-fourth of a mile of the boundary lim- its of all town sites provided for in the preceding Section, passenger stations, freight depots, and other accommodations necessary for receiving and discharg- ing passengers and freight at such points; and upon failure of said companies to establish such stations and depots within said time said companies shall be liable to a fine of five hundred dollars for each day thereafter until said stations and depots shall be es- tablished, which shall be recovered in a suit brought by the United States in the United States courts in . any Territory through which said railroads may pass. (Aug. 8, 1894, c. 236, § 2, 28 Stat. 263.) § 4931. Right of way for railroads; reserved lands in Minnesota—That all lands in the State of Minnesota described in and withdrawn from sale by the proclamations of the President of the United States for the reason that said lands would be re- Quired for Or Subject to flowage in the construction of dams, reservoirs, and other works proposed to be erected for the improvement of the navigation of the Mississippi River and certain of its tributaries, be, and the same are hereby, declared to be, and to have 'been at all times heretofore, subject to the provi- Sions Of a certain Act of Congress entitled “An Act granting to railroads the right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, as fully, ef- fectually, and to the same extent as though said lands had not been described in said proclamations, or with- drawn from Sale thereby, but had remained with the body of public lands subject to private entry and sale: Provided, however, That any and all parts of Said lands acquired by any railroad company under Said Act Of Congress shall at all times be subject to the right of flowage which at any time may become necessary in the COInstruction or maintenance of dams, reservoirs, Or Other works which may be Constructed Or erected by or under the authority of the United States for the improvement of the navigation of the Mississippi River and its tributaries: Provided fur- ther, That the railroad Companies availing them- Selves Of this Act shall, in addition to filing the maps Inow required by law to be filed, also file maps of defi- nite location with elevation of rail of their lines of railroad Over Said Water-reserve lands in the Office Of the Secretary of War; and no location Shall be per- mitted which takes for right of way or stations Or interferes with submergence of lands needed for the use of the present reservoir System, Or in the Construc- tion of dams Or other works, Or any proposed or prob- able extension of the same, or which will obstruct or increase the Cost of the present or prospective reser- voir system: Provided further, That the plan for the location and Construction of any such railway, or any part thereof, shall be first Submitted to the Secretary of War and approved by him and by the Chief of En- gineers Of the United States Army. (Feb. 27, 1901, c. 614, 31 Stat. 815.) Ch. 10C) 3 4941 THE PUBLIC LANDS [Page 745] § 4932. Same; in Oklahoma and Arizona– Where, under the Act of Congress approved March third, eighteen hundred and seventy-five, entitled, “An Act granting to railroads the right Of Way through the public lands of the United States,” or under spe- cial Acts of Congress, or under the laws of the Ter- ritories Of Oklahoma and Arizona, railroads have been Constructed and are now in Operation in Oklahoma or Arizona which may pass through any of the lands heretofore reserved for said Territories, such lands shall be disposed. Of Subject to Such railroad right Or easement, but Only to the extent of the right of Way Conferred by the said Act of March third, eighteen hundred and seventy-five, for such railroad purposes. (June 26, 1906, c. 3548, 34 Stat. 481.) § 4933. Reservation in patents of right of way for ditches or canals—In all patents for lands hereafter taken up under any of the land laws of the United States Or On entries or claims validated by this act west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said patent described, a right of way there- On for ditches or canals constructed by the authority of the United States. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 391.) § 4934. Right of way to canal and ditch com- panies for irrigation purposes—The right of Way through the public lands and reservations of the United States is hereby granted to any canal or ditch company or drainage district formed for the purpose of irrigation or drainage and duly organized under the laws of any State or Territory, and which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation and due proofs of its organization under the Same, to the extent of the ground occupied by the Water of the reservoir and of the canal and its laterals, and fifty feet on each side of the marginal limits thereof; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be SO located as to interfere With the proper OCCupa- tion by the Government of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having juris- diction of such reservation; and the privilege here- in granted shall not be construed to interfere with the control of water for irrigation and Other purposes under authority of the respective States or Territories. (March 3, 1891, c. 561, § 18, 26 Stat. 1101, amended, March 4, 1917, c. 184, § 1, 39 Stat. 1197.) § 4935. Same; map; damages to settlers-Any canal or ditch company desiring to secure the bene- fits of this act shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, With- in twelve months after the survey thereOf by the United States, file with the register of the land Office for the district where such land is located a map of its canal or ditch and reservoir; and upon the ap- proval thereof by the Secretary of the Interior the same shall be noted upon the plats in Said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any Canal, ditch, or reser- voir, injures or damages the possession of any settler on the public domain, the party Committing such in- jury or damage shall be liable to the party injured for such injury or damage. (March 3, 1891, c. 561, § 19, 26 Stat. 1102.) § 4936. Same; and future canals—The provisions of this act shall apply to all Canals, ditches, or reservoirs, heretofore or hereafter Constructed, whether Constructed by cor- porations, individuals, Or association of individuals, On the filing of the certificates and maps herein pro- application of act to existing Vided for. If such ditch, canal, or reservoir, has been Or shall be COnstructed by an individual Or associa- tion of individuals, it shall be sufficient for such in- dividual or association of individuals to file with the Secretary of the Interior, and with the register of the land office where said land is located, a map of the line Of Such Canal, ditch, Or reservoir, as in Case Of a CorpOration, with the name Of the individual Owner or Owners thereof, together with the articles of association, if any there be. Plats heretofore fil- ed shall have the benefits Of this act from the date Of their filing, as though filed under it: Provided, That if any section of said canal, or ditch, shall not be com- pleted within five years after the location of said sec- tion, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or res- ervoir, to the extent that the same is not completed at the date of the forfeiture. (March 3, 1891, c. 561, § 20, 26 Stat. 1102.) - § 4.937. Same; use for canal or ditch only— Nothing in this act shall authorize such Canal Or ditch Company to occupy such right of way except for the purpose of said canal or ditch, and then Only SO far as may be necessary for the Construction, maintenance, and care of said Canal or ditch. (March 3, 1891, e. 561, § 21, 26 Stat. 1102.) - $–4938. --Right of way for water transporta- tion, domestic purposes, or development of pow- er—Rights of way for ditches, canals, or reservoirs heretofore or hereafter approved under the provisions Of sections eighteen, nineteen, twenty, and twenty- One of the Act entitled “An Act to repeal timber-Cul- ture laws, and for other purposes,” approved March third, eighteen hundred and ninety-One, may be used for purposes of a public nature; and said rights of Way may be used for purposes Of Water transportation, for domestic purposes, Or for the development of pow- er, as subsidiary to the main purpose of irrigation or drainage. (May 11, 1898, c. 292, § 2, 30 Stat. 404, amended, March 4, 1917, c. 184, § 2, 39 Stat. 1197.) See §§ 4934-4937. § 4939. Reservoir sites for water for live stock—Any person, live-stock Company, Or transporta- tion Corporation engaged in breeding, grazing, driving, Or transporting live stock may construct reservoirs, upon unoccupied public lands of the United States, not mineral Or Otherwise reserved, for the purpose of furnishing water to such live stock, and shall have COntrol Of Such reservoir, under regulations prescrib- ed by the Secretary Of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and Sixty acres, SO long as SUICh reservoir is maintained and water kept therein for such pur- poses: Provided, That such reservoir shall not be fenc- ed and shall be open to the free use of any person de- siring to water animals of any kind. (Jan. 13, 1897, C. 11, § 1, 29 Stat. 484.) § 4940. Same; declaratory statement—Any person, live-stock Company, Or Corporation desiring to avail themselves Of the provisions of this Act shall file a declaratory Statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reser- voir is to be Or has been Constructed ; shall State what business such corporation is engaged in; specify the capacity Of the reservoir in gallons, and whether such company, person, or corporation has filed up- On other reservoir sites Within the same county ; and if so, how many. (Jan. 13, 1897, c. 11, § 2, 29 Stat. 484.) º § 4941. Same; survey; map—At any time after the completion of such reservoir or reservoirs which, if not completed at the date of the passage of this Act, shall be constructed and completed within two years after filing such declaratory Statement, such person, COmpany, Or Corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land Office in the district in 3 4942 (Tit. 32 THE PUBLIC LANDS Which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the register and receiver of said United States land office to the Secretary of the In- terior and approved by him, and thereafter such land Shall be reserved from sale by the Secretary of the In- terior SO long as such reservoir is kept in repair and Water kept therein. (Jan. 13, 1897, c. 11, § 3, 29 Stat. 484.) - § 4.942. Same; amendment or repeal of act— Congress may at any time amend, alter, or repeal this Act. (Jan. 13, 1897, c. 11, § 4, 29 Stat. 484.) § 4943. Right of way for tramroads, canals, or reservoirs—That the Secretary of the Interior be, and hereby is, authorized and empowered, under gen- eral regulations to be fixed by him, to permit the use of the right of way through the public lands of the United States, not within the limits of any park, forest, military or Indian reservation, for tramroads, canals or reservoirs to the extent of the ground oc- Cupied by the water of the canals and reservoirs and fifty feet. On each side of the marginal limits there- Of ; or fifty feet. On each side of the center line of the tramroad, by any citizen or any association of Citizens of the United States engaged in the business of mining or quarrying or of cutting timber and manu- facturing lumber. That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regula- tions to be fixed by him, to permit the use of right of way upon the public lands of the United States, not within limits of any park, forest, military, or Indian reservations, for tramways, canals, or reser- voirs, to the extent of the ground occupied by the water of the canals and reservoirs, and fifty feet On each side of the marginal limits thereof, or fifty feet on each side of the center line of the tramroad, by any citizen or association of citizens Of the United States, for the purposes of furnishing water for do- mestic, public, and other beneficial uses. (Jan. 21, 1895, c. 37, 28 Stat. 635, , amended, May 11, 1898, c. 292, § 1, 30 Stat. 404.) - § 4944. Right of way to electric power com- panies—That the Secretary Of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, to- gether with the use of necessary ground, not ex- ceeding forty acres, upon the public lands and forest reservations of the United States, by any citizen Or association of citizens of the United States, for the purposes of generating, manufacturing, or distributing electric power. (May 14, 1896, c. 179, § 2, 29 Stat. 120.) - - § 4945. Rights of way for wagon roads or railroads—That in the form provided by existing law the Secretary Of the Interior may file and ap- prove Surveys and plats of any right Of way for a wagon road, railroad, or other highway Over and across any forest reservation or reservoir site when in his judgment the public interests will not be injurious- ly affected thereby. (March 3, 1899, c. 427, § 1, 30 Stat. 1233.) - . § 4946. Rights of way for electrical plants— That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reserva- tions of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for tele- phone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water Conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any oth- er beneficial uses to the extent of the ground occupied IIPage 746] Over the public domain: by Such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to ex- ceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the Center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citi. Zen, association, or corporation of the United States, Where it is intended by such to exercise the use per- mitted hereunder or any one or more of the purposes herein named: Provided,. That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Depart- ment under whose Supervision such park or reserva- tion falls and upon a finding by him that the same is not incompatible with the public interest: Pro- Vided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title sixty-five of the Revised Stat- utes Of the United States, and amendments thereto, regulating rights of way for telegraph companies And provided further, That any permission given by the Secretary of the Interior under the provisions of this Act may be revoked by him or his successor in his discretion, and shall not be held to Confer any right, or easement, or interest in, to, or . Over any public land, reservation, or park. (Feb. 15, 1901, c. 372, 31 Stat. 790.) § 4947. Rights of way for dams, reservoirs or water plants for municipal, mining, and milling purposes–Rights of way for the construction and maintenance of dams, reservoirs, water plants, ditch- es, flumes, pipes, tunnels, and canals, within and across the forest reserves of the United States, are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are re- ºvels situated. (Feb. 1, 1905, c. 288, § 4, 33 Stat. § 4948. Rights of way for electrical poles and lines—That the head of the department having jurisdiction Over the lands be, and he hereby is, au- thorized and empowered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reserva- tions of the United States for electrical poles and lines for the transmission and distribution of electri- cal power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet On each side of the center line of such electrical, tele- phone and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein named: Provided, That such right of way shall be allowed within or through any national park, national forest, military, Indian, or any other reserva- tion only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided, That all or any part of such right of way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for’ abandonment. - That any citizen, association, or corporation of the TJnited States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may Obtain the benefit Of this Act upon the same terms and Conditions as shall be required of citizens, associations, or corpora- Ch. 10D) ź 4960 THE PUBLIC LANDS [Page 747. I tions hereafter making application under the provi- sions of this statute. (March 4, 1911, c. 238, 36 Stat. 1253.) t § 4949. Right of way in Colorado and Wyom- ing to pipe line companies—The right Of Way through the public lands of the United States sit- uate in the State of Colorado and in the State of Wyoming outside of the boundary lines of the Yellow- stone National Park is hereby granted to any pipe line Company or corporation formed for the purpose of transporting oils, crude or refined, which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by said pipe line and twenty-five feet on each side Of the Center line Of the same ; also the right to take from the public lands adjacent to the line of said pipe line material, earth, and stone necessary for the construction of said pipe line. (May 21, 1896, c. 212, § 1, 29 Stat. 127.) § 4950. Same; applications—Any company or corporation desiring to Secure the benefits of this Act shall, within twelve months after the location of ten miles of the pipe line, if the same be upon sur- veyed lands and if the same be upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land-Office for the district. Where Sûch länd is located a map of its line, and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all Such lands over which such right of way shall pass shall be disposed of subject to such right of way. (May 21, 1896, c. 212, § 2, 29 Stat. 127.) § 4951. Same; forfeiture—If any section of said pipe line shall not be completed within five years after the location of said section the right here- in granted shall be forfeited, as to any incomplete Sec- tion Of Said pipe line, to the extent that the same is not completed at the date of the forfeiture. (May 21, 1896, c. 212, § 3, 29 Stat. 127.) § 4952. Same; use—Nothing in this Act shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care. (May 21, 1896, c. 212, § 4, 29 Stat. 127.) - § 4953. Right of way in Arkansas to pipe line companies—A right of way through the pub- lic lands of the United States in the State Of Ar- kansas is hereby granted for pipe-line purposes to any citizen of the United States or any company, or Corporation authorized by its charter to transport oil, crude or refined, or natural gas which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proof of organization under the same, to the extent of the ground Occupied by the said pipe line and ten feet. On each side of the Center line Of Same. (April 12, 1910, c. 155, § 1, 36 Stat. 296.) § 4954. Same; applications—Any citizen. Of the United States, company, or corporation desiring to Secure the benefits of this Act shall within twelve months after the location of ten miles of the pipe line, if the same be upon surveyed land, and if the Same be upon unsurveyed lands within twelve months after the survey thereof by the United States, file with the register of the land Office for the district where such land is located a map of its lines, and upon the approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in Said Office, and thereafter all Such land Over which Such line shall pass shall be disposed of subject to such right of way. (April 12, 1910, c. 155, § 2, 36 Stat. 296.) § 4955. Same; use—-Nothing in this Act shall authorize the use of such right of way except for the pipe line, and then only so far as may be neces- Sary for its construction, maintenance, and care. (April 12, 1910, c. 155, § 3, 36 Stat. 296.) § 4956. Same; forfeiture—If any section Of said pipe line shall not be completed within One year after the approval by the Secretary of the Interior of said section, or if any Section of said pipe line shall be abandoned Or shall not be used for a period of two years, the right of way herein granted as to any uncompleted, abandoned or unused section of Said pipe line shall be forfeited to the extent that the same is not completed or is abandoned or unused at the date of the forfeiture, without further action or dec- laration. On the part of the Government Or any pro- . ceedings or judgment of any court. (April 12, 1910, c. 155, § 4, 36 Stat. 296.) - § 4957. Same; forfeiture—If any citizen, Com- pany, or corporation taking advantage of the benefits of this Act, shall violate the Act of July second, eight- een hundred and ninety, entitled “An act to protect trade and commerce against unlawful restraints and monopolies” (commonly known as the Sherman anti- trust act), or any amendment thereof, the right of way herein granted shall be forfeited without further action or declaration. On the part of the Government or any proceedings or judgment of any court. (April 12, 1910, c. 155, § 5, 36 Stat. 296.) Chapter Ten D—Grants of Swamp and Overflowed Lands Sec. 4958. Grant to States to aid in construction of levees and drains. - 4959. Lists and plats of lands, for governors of States. 4960. Legal subdivisions mostly wet and unfit for cultivation. 4961. Indemnity to States on sale of lands. 4962. Patents to prior purchasers and locators. 4963. Selection of lands confirmed. 4964. Lands to be certified to State within one year. 4965. Act extended to Minnesota, and Oregon. 4966. Homestead entries by purchasers from Missouri of lands declared not to be SWanlp lands. 4967. Grant to Missouri. 4968. Title of purchasers of unconfirmed lands in Arkansas confirmed. 4969. Relinquishment by Arkansas. § 4958. Grant to States to aid in construc- tion of levees and drains—To enable the several States (but not including the States of Kansas, Ne- braska, and Nevada) to construct the necessary levees and drains, to reclaim the Swamp and Overflowed lands therein—the whole of the swamp and over- flowed lands, made unfit thereby for Cultivation, and remaining unsold On Or after the twenty-eighth day Of September, A. D. eighteen hundred and fifty, are granted and belong to the Several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and Overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and condi- tions hereinafter named and specified, as applicable to said three last-named States respectively. (R. S. § 2479.) § 4959. Lists and plats of lands, for govern- ors of States—It shall be the duty of the Secretary of the Interior, to make accurate lists and plats of all Such lands, and transmit the same to the governors of the several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, con- veying to said State the fee-simple of Said land. The proceeds Of Said lands, whether from sale or by direct appropriation in kind, shall be applied ex- clusively, as far as necessary, to the reclaiming said lands, by means of levees and drains. (R. S. § 24SO.) § 4960. Legal subdivisions mostly wet and unfit for cultivation—In making out lists and plats Of the lands aforesaid all legal subdivisions, the greater part WhereOf is Wet and unfit for cultiva- tion, Shall be included in said lists and plats, but When the greater part of a subdivision is not of that Character, the whole of it shall be excluded there- from. (R. S. § 2481.) ź 4961 (Tit. 32 THE PUBLIC LANDS IPage 748] § 4961. Indemnity to States on sale of lands —Upon proof by the authorized agent of the State, before the Commissioner of the General Land-Office, that any of the lands purchased by any person from the United States, prior to March 20, 1855, were “SWamp-lands,” within the true intent and meaning Of the act entitled “An act to enable the State of Arkansas and Other States to reclaim the swamp-lands within their limits,” approved September twenty- eight, eighteen hundred and fifty, the purchase-money Shall be paid Over to the State wherein said land is situate ; and When the lands have been located by Warrant Or SCrip, the said State shall be authorized to locate a like quantity of any of the public lands Subject to entry, at One dollar and twenty-five cents per acre, or less, and patents shall issue therefor. The decision Of the Commissioner of the General Land-Office shall be first approved by the Secretary of the Interior. (R. S. § 2482.) § 4962. Patents to prior purchasers and lo- cators—The President Of the United States shall cause patents to be issued to the purchaser or pur- Chasers, locator or locators, who made entries of the public lands claimed as swamp lands, either with Cash Or land-warrants, or Scrip, or under any home- stead or pre-emption laws prior to the issue Of patents to the State or States: Provided, That in all cases where any State through its Constituted au- thorities, may have sold Or disposed of any tract Or tracts of land prior to the entry, Sale or location of the same under the pre-emption or other laws of the United States, no patent shall be issued by the President for such tract Or tracts of land, until Such State through its constituted authorities, shall re- lease its claim thereto in Such form as Shall be pre- scribed by the Secretary of the Interior. In all Cas- es where such State did not within ninety days from the second day of March, 1855, the date of an act en- titled, “An act for the relief of purchasers and loca- tors of Swamp and Overflowed lands” through its constituted authorities, return to the General Länd- Office of the United. States, a list Of all the lands sold as aforesaid, together with the dates Of Such sales and the names of the purchasers, the President shall issue patents to persons who made such entries Of the public lands SO claimed as Swamp-land. (R. S. § 2483.) . § 4963. Selection of lands confirmed—All land selected and reported to the General Land-Office as swamp and Overflowed land by the several States entitled to the provisions of said act of Sept. 28, 1850, prior to March third, A. D. eighteen hundred and fifty-seven, are confirmed to said States respec- tively so far as the Same remained vacant and un- appropriated and not interfered with by an actual settlement under any law of the United States. (R. S. § 2484.) - * § 4.964. Lands to be certified to State within one year—It Shall be the duty Of the Commissioner of the General Land-Office, to certify Over to the State of California as Swamp and Overflowed lands, all the lands represented as such upon the approved township ‘Surveys and plats, whether made before or after the 23d day of July, 1866, under the authority . Of the United States. The Surveyor-general of the United States for Cali- fornia, shall under the direction of the Commissioner of the General Land-Office, examine the Segregation maps and Surveys of the swamp and Overflowed lands, made by said State ; and where he shall find them to Conform to the system of surveys adopted by the TJnited States, he shall construct and approve town- ship plats accordingly, and forward to the General Land-Office for approval. - In segregating large bodies of land, notoriously and Obviously swamp and Overflowed, it shall not be nec- essary to subdivide the same, but to run the exterior lines of such body of land. In case such State surveys are found not to be in accordance with the system of United States sur- Veys, and in Such other townships as no Survey has been made by the United States, the Commissioner shall direct the surveyor-general, to make Segrega- tion Surveys, upon application to the surveyor-general, by the governor of said State, within one year of Such application, of all the swamp and Overflowed land in Such to Wnships, and to report the same to the General Land-Office, representing and describing what land Was Swamp and Overflowed, under the grant, aCCOrding to the best evidence he can obtain. If the authorities of said State, shall claim as SWamp and Overflowed, any land not represented as Such upon the map or in the returns of the surveyors, the Character of such land at the date of the grant September twenty-eight, eighteen hundred and fifty, and the right to the same shall be determined by tes- timóny, to be taken before the Survey Or-general, who shall decide the same, subject to the approval of the Commissioner of the General Land-Office. (R. S. § 2488.) § 4965. Act extended to Minnesota, and Ore- gon–The provisions of the act of Congress entitled “An act to enable the State of Arkansas and Other States to redeem” the swamp lands within their limits, approved September 28, A. D. 1850, extend to the States of Minnesota and Oregon: Provided, That the grant shall not include any lands which the Gov- ernment of the United States may have sold Or dis- posed of under any law, enacted prior to March 12, 1860, prior to the confirmation of title to be made under the authority Of Said act—and the selections to be made from lands already surveyed in each of the States last named, under the authority of the act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the 12th day of March, A. D. 1860—and as to all lands Surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the Surveys have been completed and Confirmed. (R. S. § 2490.) § 4966. Homestead entries by purchasers from Missouri of lands declared not to be swamp lands—In all cases in the State Of MissOuri where lands have heretofore been selected and Claimed as Swamp and Overflowed lands by said State, and the various Counties therein, by virtue of any act Of Congress, and said lands have been withheld from market in consequence thereof by the General Govern- ment, and the said State and COUnties have SOld Said lands to actual settlers, and said settlers have im- proved the same to the value of one hundred dol- lars; said settlers, their heirs, assigns, and legal representatives, who have continued to reside there- on, shall have priority of right to ſprečmpt or] home- stead all such lands as may be rejected by the Unit- ed States as not being in fact swamp and Over- flowed lands; and it shall be the duty Of the Sec- retary of the Interior to make such rules and reg- ulations as may be necessary to carry into effect the provisions of this act: Provided, That nothing here- in contained shall prejudice the rights of any per- son who may have made actual settlement upon Such lands under the prečmption or homestead laws prior to the passage of this act. (Feb. 23, 1875, c. 99, 18 Stat. 334.) § 4967. Grant to Missouri—That all lands in the State Of Missouri Selected as Swamp and Over- flowed lands, and regularly reported as such to the General Land Office, and now withheld from market as such, so far as the same remain Vacant and un- appropriated and not interfered with by any preemp- tion, homestead, or other claim under any law of the United States, and the claim whereto has not been heretofore rejected by the Commissioner Of the General Land Office, or other competent authority, be, and the same are hereby, confirmed to Said State, Ch. 10E) 3 4975 THE PUBLIC LANDS IPage 749] and all title thereto vested in said State; and it is hereby made the duty of the Secretary Of the In- terior to CauSe patents to issue for the Same. 3, 1877, c. 116, 19 Stat. 395.) § 4968. Title of purchasers of unconfirmed lands in Arkansas confirmed—That the title of all persons who have purchased from the State of Ar- kansas any unconfirmed Swamp land and hold deeds for the same be, and the same is hereby, confirmed and made valid as against any claim Or right of the United States, and without the payment by said per- Sons, their heirs or assigns, Of any sum whatever to the United States or to the State of Arkansas. (April 29, 1898, c. 229, § 3, 30 Stat. 368.) § 4969. Relinquishment by Arkansas—The State of Arkansas does hereby relinquish and quit- Claim to the United States all lands heretofore con- firmed, certified, or patented to the State which have been entered under the public land laws; and Čloes hereby cede, relinquish, and quitclaim to the United States all right, title, and interest under the Acts Of September twenty-eighth, eighteen hundred and fifty, March second, eighteen hundred and fifty- five, and March third, eighteen hundred and fifty- Seven, in and to all lands in the State which have been heretofore granted, confirmed, certified, or pat- ented by the United States under any other Acts, and the title to such lands is hereby confirmed in the grantees, their heirs, successors, or assigns, anything in this Act or any other Act to the contrary notwith- Standing: Provided, That this Act shall be of no force Or effect until the State of Arkansas shall have ac- Cepted and approved the conditions, limitations, and provisions herein contained by an act of the general aSSembly or by an instrument in writing duly ex- ecuted by the governor under the authority confer- red upon him by the legislature of said State, and file With the Secretary of the Treasury and the Secre- tary Of the Interior within one year from the approv- al Of this Act: Provided further, That whereas the general assembly of the State of Arkansas did, on the tenth day of March, eighteen hundred and ninety- Seven, accept and approve the conditions, limitations, and provisions herein contained before the passage of this Act, making the same effective and conclusive, therefore this Act shall be in full force and effect from and after its passage. § 4, 30 Stat. 368.) Chapter Ten E–Drainage under State Sec. Laws 4970. Lands in Minnesota made subject to state laws for drainage for agricultural purposes. 4971. Same; apportionment of cost of works. 4972. Same; sale for enforcement of charges. 4973. Same; statement of sale to be certified. 4974. Same; patents to purchasers of unentered lands. 4975. Same; patents to purchasers of entered lands; ture On nonpayment. 4976. Same; notices to register and receiver and to entry- IſleIl. § 4970. Lands in Minnesota made subject to state laws for drainage for agricultural purpos- es—All lands in the State of Minnesota, when subject to entry, and all entered lands for which no final Certificates have issued, are hereby made and declared to be subject to all of the provisions of the laws of said State relating to the drainage of SWamp Or Over- flowed lands for agricultural purposes to the same ex- tent and in the same manner in which lands of a like character held in private Ownership are Or may be Subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entries made under the public-land laws of the United States are accorded all the rights, privileges, and benefits given by said laws to persons holding ſands of a like character in private ownership. (May 20, 1908, c. 181, § 1, 35 Stat. 169.) § 4971. Same; apportionment of cost of works—The cost of constructing canals, ditches, and (March 4. (April 29, 1898, c. 229, forfei- Other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private Owner- Ship, all lands covered by unpatented entries, and all unentered public lands affected by such project; and Officially certified lists showing the amount of the Charges assessed against each smallest legal subdi- Vision Of Such lands shall be furnished to the regis- ter and receiver of the land district in which the lands affected are located as soon as said charges are aSSessed, but nothing in this Act shall be construed as Creating any Obligation. On the United States to pay any of Said charges. (May 20, 1908, c. 181, § 2, 35 Stat. 169.) - § 4972. Same; sale for enforcement of charg— es-All charges legally assessed may be enforced against any unentered lands, or against any lands COWered by an unpatented entry, by the sale of such lands subject to the same manner and under the Same proceedings under which such charges would be enforced against lands held in private ownership. (May 20, 1908, c. 181, § 3, 35 Stat. 170.) § 4973. Same; statement of sale to be cer- tified—When any unentered lands, or any lands cov- ered by an unpatented entry, have been sold in the manner mentioned in this Act, a statement of such sale ShoWing the price–at which—each legal subdivision was SOld Shall be officially certified to the register and receiver immediately after the completion of Such Sale. (May 20, 1908, c. 181, § 4, 35 Stat. 170.) § 4974. Same; patents to purchasers of unen- tered lands—At any time after any sale of unentered lands has been made in the manner and for the pur- poses mentioned in this Act patent shall issue to the purchaser thereof upon payment to the receiver of the minimum price of $1.25 per acre, or such other price as may have been fixed by law for such lands, together With the usual fees and commissions Charged in entry Of like lands under the homestead laws. But purchasers at a sale of unentered lands shall have the qualification of homestead entrymen, and not Imore than One hundred and sixty acres of such lands Shall be sold to any one purchaser under the provi- SiOnS Of this Act. This limitation shall not apply to Sales to the State, but shall apply to purchases from the State of unentered lands bid in for the State. Any part of the purchase money arising from the sake Of any lands in the manner and for the purposes pro- Vided in this Act which shall be in exceSS Of the drainage Charges then delinquent shall be paid to and used by the county in which such land is located for the purpose of maintenance, improving, and extend- ing such drainage Works Within the area benefited by the drainage project in which such land shall have been assessed for such drainage Charge. (May 20, 1908, c. 181, $ 5, 35 Stat. 170, amended, Sept. 5, 1916, c. 437, 39 Stat. 722.) - § 4975. Same; patents to purchasers of en- tered lands; forfeiture on nonpayment–Any en- tered lands sold in the manner and for the purposes mentioned in this Act may be patented to the pur- chaser thereof at any time after the expiration of the period of redemption provided for in the drain- age laws under which it may be sold (there having been no redemption) upon the payment to the receiver of the fees and commissions and the price mentioned in the preceding section, or so much thereof as has not already been paid by the entryman; and if the sum received at any Such sale shall be in excess Of the payments herein required and of the drainage assessments and cost of the sale, such excess Shall be paid to the proper county officer for the benefit of and payment to the entryman. That unless the pur- chasers of unentered lands shall, within ninety days after the sale provided for in Section three, pay to the proper receiver the fees, commissions, and pur- chase price to which the United States may be enti- tled, as provided in section five, and unless the pur- £ 4976 (Tit. 32 THE PUBLIC LANDS [Page 750] chasers of entered lands Shall, within ninety days after the right of redemption has expired, make like payments, as provided for in this section, , any person having the qualifications of a homestead entrymen may pay to the proper receiver for not more than one hundred and sixty acres of land for which Such pay- ment has not been made: First, the unpaid fees, COm- missions, and purchase price to which the United States may then be entitled ; and, second, the Sum due at the sale for drainage charges; and, in addition thereto, if bid in by the State, interest on the amount bid by the State at the rate of seven per centum per annum from the date of such sale, and thereupon the person making such payment shall become subrogated to the rights of such purchaser to receive a patent for said land. When any payment is made to effect such subrogation the receiver shall transmit to the treas- urer of the County where the land, is situated the amount paid for drainage charges, together with the interest paid thereon. (May 20, 1908, c. 181, § 6, 35 Stat. 170, amended, Sept. 5, 1916, c. 437, 39 Stat. 723.) § 4976. Same; notices to register and receiv- er and to entrymen—A copy of all notices required by the drainage laws mentioned in this Act to be giv- en to the owners or occupants of lands held in pri- vate ownership shall, as soon as such notices issue, be delivered to the register and receiver Of the prop- er district land office in cases where unentered lands are affected thereby and to the entrymen whose un- patented lands are included therein, and the United States and such entrymen shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership ; and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. (May 20, 1908, c. 181, § 7, 35 Stat. 171.) Chapter Ten F—Protection of Timber secº- and Depredations - 4977. Live-oak and red-cedar lands. 4978. Same; selection of stracts. 4979. Same; protection of timber. 4980. Same; cutting or destruction. 4981. Same; forfeiture of vessels carrying away timber. 4982. Same; clearance of vessels laden with ; prosecution of . depredators. • . 4983. Lands in Florida, reserved for naval purposes; examina- tion. 4984. Same; lands not needed restored to entry and sale. 4985. Restoration to public domain of naval reservations; - preference right of entry; lands disposed of under . town-site laws. . . . - - 4986. Disposition of moneys collected for depredations. 4987. Seizure of timber cut. - 4988. Relief from prosecutions on payment for timber cut. 4989. Cutting timber on certain mineral lands. 4990. Same; notice to Commissioner of General Land Office of unlawful cutting. 4991. Same; violations of act punishable. 4992. Cutting timber on certain public lands for certain pur- 4993. sº."removal in Wyoming to Idaho. - . 4994. Same; limitations of use of timber taken not to apply to certain territory. 4995. Sale of timber killed or damaged by forest fires. - 4996. Pººl of proceeds of sale of burnt timber on existing Cla.1LI1, - § 4977. Live-oak and red-cedar lands—The Secretary of the Navy is authorized, under the di- rection of the President, to cause such vacant and un- appropriated lands of the United States as produce the live-oak and red-cedar timbers to be explored, and Selection to be made of Such tracts Or portions there- of, where the principal growth is of either of such timbers, as in his judgment may be necessary to fur- nish for the Navy a sufficient Supply Of the same. (R. S. § 2458.) . § 4978. Same; selection of tracts—The Presi- dent is authorized to appoint Surveyors of public lands, who shall perform the duties prescribed in the pre- ceding section, and report to him the tracts by them Selected, with the boundaries ascertained and a C- curately designated by actual survey or Watercourses; with; and the tracts of land thus selected with the appro- bation of the President shall be reserved, unless Other- wise directed by law, from any future sale of the pub- lic lands, and be appropriated to the sole purpose of Supplying timber for the Navy of the United States ; but nothing in this section contained shall be COn- strued to prejudice the prior rights of any person claiming lands, which may be reserved in the man- ner herein provided. (R. S. § 2459.) § 4979. Same; protection of timber—The PreS- ident is authorized to employ so much of the land and naval forces of the United States as may be nec- essary effectually to prevent the felling, Cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or car- rying away any such timber as may be already felled or cut down ; and to take such other and further measures as may be deemed advisable for the preser- Vation of the timber of the United States in Florida. (R. S. § 2460.) - § 4980. Same; cutting or destruction—If any person shall cut, or cause or procure to be cut, or aid, assist, Or be employed in cutting, or shall wan- tonly destroy, or cause or procure to be wantonly de- stroyed, or aid, assist, or be employed in wantonly destroying any live-oak or red-cedar trees, or other timber Standing, growing, or being on any lands of the United States, which, in pursuance of any law passed, Or hereafter to be passed, have been reserved or pur- Chased for the use of the United States, for supplying or furnishing therefrom timber for the Navy of the United States; or if any person shall remove, or CauSe Or procure to be removed, or aid, or assist, or be employed in removing from any such lands which have been reserved or purchased, any live-oak or red- Cedar trees, or other timber, unless duly authorized So to do, by Order, in writing, of a competent officer, and for the use of the Navy of the United States; or if any person shall cut, or cause or procure to be Cut, Or aid, Or assist, or be employed in cutting any live-oak or red-cedar trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing any live-oak or red- Cedar trees or other timber, from any other lands of the United States, acquired, or hereafter to be ac- quired, with intent to export, dispose of, use, or em- ploy the Same in any manner whatsoever, other than for the use of the Navy of the United States; every such person shall pay a fine not less than triple the value of the trees or timber so cut, destroyed, or re- moved, and shall be imprisoned not exceeding twelve months. (R. S. § 2461.) - - wº § 4981. Same; forfeiture of vessels carrying away timber—if the master, owner, or consignee of any Vessel shall knowingly take On board any timber Cut On lands which have been reserved Or purchased as in the preceding section prescribed, without proper authority, and for the use of the Navy of the United States; Or Shall take On board any live-Oak Or red- cedar timber Cut On any other lands Of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the vessel on board of which the Same shall be taken, transported, Or seiz- ed, shall, With her tackle, apparel, and furniture, be wholly forfeited to the United States, and the Captain or master of such vessel wherein the same was export- ed to arīy foreign country against the provisions of this section shall forfeit and pay to the United States a sum not exceeding one thousand dollars. (R. S. § 2462.) - § 4982. Same; clearance of vessels ladeſſ. prosecution of depredators—It shall be the duty of all collectors of the customs within the States of Alabama, Mississippi, Louisiana, and Florida, be- fore allowing a clearance to any vessel laden in Whole or in part with live-oak timber, to ascertain satisfac- torily that such timber was cut from private lands, or, Ch. 10F.) 4 4992 Ö TEIE PUBLIC LANDS [Page 751] if from public ones, by consent of the Navy Depart- Iment. And it is also made the duty Of all officers of the customs, and Of the land officers Within those States, to Cause prosecutions to be seasonably in- stituted against all persons known to be guilty of depredations On, Or injuries to, the live Oak growing on the public lands. (R. S. § 2463.) * § 4983. Lands in Florida reserved for naval purposes; examination—That the Secretary of the Navy be, and he is hereby, authorized to Cause an examination to be made Of the Condition Of all lands in the State of Florida which have been set apart Or reserved for naval purposes, excepting the reserva- tion upon which the navy-yard at Pensacola is 10- cated, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. (March 3, 1879, c. 189, § 1, 20 Stat. 470.) § 4984. Same; lands not needed restored to entry and sale–All of said lands which, in the judgment of the Secretary of the Navy, are no longer required for naval purposes shall, as SOOn as prac- ticable, be certified by him to the Secretary of the Interior, and be subject to entry and Sale in the same manner and under the same conditions as Other public lands of the United States: Provided, that all —persons—who have, in good—faith, made improvementS- on said reserved lands so certified at the time Of the passage of this act, and who occupy the same, shall be entitled to purchase the part or parts So Occupied or improved by them, not to exceed One hundred and sixty acres to any one person at One dollar and tWen- ty-five cents per acre within such reasonable time as may be fixed by the Secretary of the Interior. (March 3, 1879, c. 189, § 2, 20 Stat. 471.) § 4985. Restoration to public domain of navak reservations; preference right of entry; lands disposed of under town-site laws—That the Secre- tary Of the Navy be, and he is hereby, authorized to cause to be certified to the Secretary of the In- terior, for restoration to the public domain, the whole or such portion or portions of the several tracts of land in the States of Alabama and Mississippi hereto- fore set apart and reserved for naval uses as are no jonger required for the purposes for which they were reserved, or for any purposes Connected With the naval Service; and upon such Certification the tracts Of land described therein shall be duly restored to and become a part of the public lands of the United States and a preference right of entry for a period of six months from the date of this Act shall be given all bona fide settlers who are qualified to enter under the home- stead law and have made improvements and are now residing upon any agricultural lands in said reser- vations, and for a period of six months from the date of Settlement when that shall occur after the date of this Act: Provided, That persons who enter under the homestead law shall pay for Such lands not less than the value heretofore or hereafter determined by appraisement, nor less than the price Of the land at the time Of the entry; and such payment may, at the Option of the purchaser, be made in five equal install- ments, at times and at rates of interest to be fixed. by the Secretary of the Interior: Provided, That so much of the said lands as are situated. On Back Bay, near the city of Biloxi, in the State of Mississippi, shall be disposed of under the town-site law and not as agricultural lands. (March 2, 1895; c. 182, 28 Stat. 814.) § 4986. Disposition of moneys collected for depredations—All moneys heretofore, and that shall hereafter be, Collected for depredations. upon the public lands shall be covered into the Treasury of the United States as Other moneys received from the Sale of public lands. (April 30, 1878, c. 76, § 2, 20 Stat. 46.) § 4987. Seizure of timber cut—If any timber Cut on the public lands shall be exported from the Ter- ritories of the United States, it shall be liable to seizure by United States authority wherever found. 30, 1878, c. 76, § 2, 20 Stat. 46.) § 4988. Relief from prosecutions on payment for timber cut—Any person prosecuted in said States and Territory for violating section two thousand four hundred and Sixty-One of the Revised Statutes Of the United States who is not prosecuted for cutting tim- ber for export from the United States, may be relieved from further prosecution and liability therefor upon payment, into the Court wherein said action is pend- ing, Of the sum of two dollars and fifty cents per acre for all lands on which he shall have Cut Or Caused to be cut timber, or removed or caused to be removed the same: Provided, That nothing contained in this sec- tion shall be Construed as granting to the person hereby relieved the title to said lands for said pay- ment; but he shall have the right to purchase the Same upon the same terms and Conditions as other persons, as provided hereinbefore in this act: And further provided, That all moneys Collected under this act shall be COvered into the Treasury of the United States. And section four thousand seven hun- dred and fifty-one of the Revised Statutes is hereby repealed, SO far as it relates to the States and Terri- tory herein named. (June 3, 1878, c. 151, § 5, 20 Stat. 90.) R. S. § 2461, is § 4980. R. S. § 14751, is also superseded by § 4983. § 4989. Cutting timber on certain mineral lands—All citizens of the United States and other persons, bona fide residents of the State of Colorado, or Nevada, or either of [the Territories of] New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the Unit- ed States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricul- tural, mining, Or Other domestic purposes, any timber Or other trees growing or being On the public lands, Said lands being mineral, and not subject to entry un- der existing laws of the United States, except for mineral entry, in either Of Said States, Territories, Or districts of which such citizens Or persons may be at the time bona-fide residents, Subject to Such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon Such lands, and for Other purposes: Provided, the provisions Of this act shall not extend to railroad COrpOrations. (June 3, 1878, c. 150, § 1, 20 Stat. 88.) Text in brackets superseded by admission of territories as states. - § 4995. Sanae; notice to Commissioner of Gen- eral Land Office of unlawful cutting—It shall be the duty of the register and the receiver of any local land-office in whose district any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, ex- Cept for the purpoSeS authorized by this act, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed Such register and receiver in mak- ing up their next quarterly accounts. (June 3, 1878, c. 150, § 2, 20 Stat. 88.) § 4991. Same; violations of act punishable— (April Any person or persons who shall violate the provi- sions of this act, or any rules and regulations in pur- Suance thereof made by the Secretary Of the Interior, shall be deemed guilty Of a misdemeanor, and, upon conviction, shall be fined in any Sum not exceeding five hundred dollars, and to which may be added im- prisonment for any term not exceeding six months. (June 3, 1878, c. 150, § 3, 20 Stat. 89.) § 4992. Cutting timber on certain public lands for certain purposes—In the States of Colora- do, Montana, Idaho, North Dakota, and South Dako- ta, Wyoming, New Mexico and Arizona, and [the Dis- trict of] Alaska, and the gold and silver regions of @ 4992 (Tit. 32 THE PUBLIC LANDS © IPage 7521 Nevada, California, Oregon, and Washington and [the Territory of Utah in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber Cut thereon it shall be a defense if the defendant shall ShOW that the said timber was SO Cut Or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, mining, manu- facturing, or domestic purposes under rules and regu- lations made and prescribed by the Secretary of the Interior and has not been transported out of the same, but nothing herein contained shall Operate to enlarge the rights of any railway company to Cut timber On the public domain, Provided that the Secretary of the Interior may make suitable rules and regulations to carry Out the provisions Of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to Cut Or remove any timber except as may be prescribed by such rules and regulations, but this act shall not Operate to re- . peal the act of June third, eighteen hundred and seven- ty-eight, providing for the cutting of timber on min- eral lands. (March 3, 1891, c. 561, § 8, 26 Stat. 1099, amended, March 3, 1891, c. 559, 26 Stat. 1093, Feb. 13, 1893, c. 103, 27 Stat. 444, and March 3, 1901, c. 855, 31 Stat. 1436.) - Text in brackets superseded by §§ 3528–3544, and by the admission of Utah as a state. g § 4993. Same; removal in Wyoming to Idaho —That section eight of an Act entitled “An Act to re- peal the timber culture laws, and for other purposes,” approved March third, eighteen hundred and ninety- one, be, and the same is hereby, amended as follows: That it shall be lawful for the Secretary of the Interior to grant permits, under the provisions of the eighth section of the Act of March third, eighteen hundred and ninety-one, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming West of the continental divide, on the Snake River and its tributaries to the boundary line of Idaho for agricul- tural, mining, or other domestic purposes, and to re- move the timber so cut to the State of Idaho. (July 1, 1898, c. 546, § 1, 30 Stat. 618.) - - - See § 4992. - § 4994. Same; limitations of use of timber taken not to apply to eertain territory—The pro- visions of chapter five hundred and fifty-nine Of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-One, lim- iting the use of timber taken from public lands to residents of the State in which such timber is found, for use within said State, shall not apply to the south slope of Pryor Mountains, in the State of Mon- tana, lying south of the Crow Reservation, west of the Big EIorn River, and east of Sage Creek; but Within the above-described boundaries the provisions of said chapter shall apply equally to the residents Of the States of Wyoming and Montana, and to the use of timber taken from the above-described tract in either of the above-named States. (March 3, 1901, c. 862, 31 Stat. 1439.) - See § 4992. § 4995. Sale of timber killed or damaged by forest fires—The Secretary of the Interior is hereby authorized, under such rules as he may prescribe, to sell and dispose of to the highest bidder at public auction, or through sealed bids, the timber on any lands of the United States, Outside the boundaries of national forests, including those embraced in unper- fected claim's under any of the public land laws, also upon the ceded Indian lands, that may have been kill- ed. Or seriously and permanently damaged by forest fires prior to the passage of this Act, the proceeds of all such sales to be covered into the Treasury of the United States: Provided, That the damaged timber upon any lands embraced in an existing claim shall be disposed of only upon the application or with the Written consent of such claimant, and the money re- ceived from the sale of damaged timber on any such lands shall be kept in a special fund to await the final determination of such claim. (March 4, 1913, c. 165, § 1, 37 Stat. 1015.) § 4996. Disposal of proceeds of sale of burnt timber on existing claim—Upon the certification of the Secretary of the Interior that any such claim has been finally approved and patented the Secretary of the Treasury is hereby authorized and directed to pay to such claimant, his heirs or legal representa- tives, the money received from the sale of the dam- aged timber upon his land, after deducting therefrom the expenses Of the sale; and upon the Certification of the Secretary of the Interior that any such claim has been finally rejected and canceled the Secretary Of the Treasury is hereby authorized and directed to transfer the money derived from the sale of the dam- aged timber upon the lands embraced in such claim to the general fund in the Treasury derived from the Sale of public lands, unless by legislation the lands from which the timber had been removed had been theretofore appropriated to the benefit of an Indian tribe Or otherwise, in which event the net proceeds derived from the sale of the timber shall be trans- ferred to the fund of such tribe or otherwise credited or distributed as by law provided. (March 4, 1913, c. 165, § 2, 37 Stat. 1016.) * . Chapter Ten G–Unlawful Inclosures or Occupancy; Obstructing Set- Sec. tlement or Transit 4997. Inclosure of or assertion of right to public lands with- out title. - 4998. Same; suits for violations of law. 4999. Same; obstruction of settlement on or transit over pub- lic lands. 5000. Same; violations of act; punishment. 5001. Same; removal of inclosures. 5002. Same; permission to sue for inclosures. § 4997. Inclosure of or assertion of right to public lands without title—All inclosures of any public lands in any State or Territory of the United States, heretofore Or to be hereafter made, erected, or constructed by any person, party, association, or Corporation, to any of which land included within the inclosure the person, party, association, Or Corpora- tion making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right theretO by or under claim, made in good faith, with a view to entry thereof at the proper land-office under the general laws of the United States at the time any such inclosure Was Or shall be made, are hereby declared to be unlawful, and the mainte- nance, erection, construction, or control of any such inclosure is hereby forbidden and prohibited ; and the assertion Of a right to the exclusive use and OC- cupancy of any part of the public lands of the United States in any State or any of the Territories of the | United States, without claim, color of title, or as- serted right as above specified as to inclosure, is like- wise declared unlawful, and hereby prohibited. (Feb. 25, 1885, c. 149, § 1, 23 Stat. 321.) . ' § 4998. Same; suits for violations of law—It shall be the duty of the district attorney of the Unit- ed States for the proper district, on affidavit filed with him by any citizen of the United States that section one of this act is being violated showing a description Of the land inclosed with reasonable Certainty, not necessarily by maetes and bounds nor by GOvernmental sub-divisions of Surveyed lands, but Only SO that the inclosure may be identified, and the persons guilty of the violation as nearly as may be, and by descrip- tion, if the name cannot On reasonable inquiry be as- 'certained, to institute a civil suit in the proper United States district [or circuit] court, or terri- torial district court, in the name of the United States, and against the parties named Or described who shall be in Charge of or controlling the inclosure complain- ed of as defendants; and jurisdiction is also hereby Ch. 10H) 3 5005 THE PUBLIC LANDS [Page 753] conferred on any United States district [or Circuit] court or territorial district Court having jurisdiction over the locality where the land inclosed, Or any part thereof, shall be situated, to hear and determine proceedings in equity, by writ of injunction, to re- strain violations of the provisions of this act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil pro- ceeding on any agent or eniployee having Charge Or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable day. In any case if the inclosure shall be found to be unlawful, the court Shall make the proper order, judgment, or decree for the destruction of the inclosure, in a Summary Way, un- less the inclosure shall be removed by the defendant within five days after the order of the court. (Feb. 25, 1885, c. 149, § 2, 23 Stat. 321.) Text in brackets superseded by §§ 1266–1268. § 4999. Same; obstruction of settlement on or transit over public lands—No person, by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or Ob- struct, or shall combine and Confederate With others to prevent or—obstruct; any person from peaceably en- tering upon or establishing a settlement or residence on any tract of public land subject to settlement Or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This Sec- tion shall not be held to affect the right or title of persons, who have gone upon, improved or Occupied said lands under the land laws of the United States, claiming title thereto, in good faith. (Feb. 25, 1885, c. 149, § 3, 23 Stat. 322.) - § 5000. Same; violations of act; punishment *.* —Any person violating any of the provisions hereof, whether as Owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding. One thousand dollars or be imprisoned not exceeding one year, or both, for each offense. (Feb. 25, 1885, c. 149, § 4, 23 Stat. 322, amended, March 10, 1908, c. 75, 35 Stat. 40.) § 5001. Sanae; removal of inclosures—The President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to em- ploy civil or military force as may be necessary for that purpose. (Feb. 25, 1885, c. 149, § 5, 23 Stat. 322.) § 5002. Same; permission to sue for inclosures —Where the alleged unlawful inclosure includes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this act without authority from the Secretary of the Interior. (Feb. 25, 1885, c. 149, § 6, 23 Stat. 322.) Chapter Ten H-Abandoned Military Sec. Reservations 5003. Disposition of reservations. 5004. Survey or subdivision; appraisal and sale; settlers. 5005. Appraisal and sale of property on reservations. 5006. Disposition of mineral lands. 5007. Reservations in Nevada; homestead entry on. 5007a. Homestead and desert laws applicable to reservations in Nevada. * 5008. Grants to municipalities not to exceed 20 acres. 5009, Lands opened to settlement; preference right of entry. 5010. Same; operation of previous act on reservations placed under control of Secretary of Interior. 5011. Same; extension to other lands. 5012. Confirmation of selections by states in lieu of School sections; disposal of sections. rights of § 5003. Disposition of reservations—Whenever, in the opinion of the President of the United States, the lands, or any portion of them, included. Within COMP.S.T.’18–48 the limits of any military reservation heretofore or hereafter declared, have become or shall become use- less for military purposes, he shall cause the Same Or so much thereof as he may designate, to be placed un- der the control of the Secretary of the Interior for disposition as hereinafter provided, and Shall Cause to be filed with the Secretary of the Interior a notice thereof. (July 5, 1884, c. 214, § 1, 23 Stat. 103.) § 5004. Survey or subdivision; appraisal and sale; rights of settlers—The Secretary of the In- terior may, if in his opinion the public interests SO require, cause the said lands, or any part thereof, in such reservations, to be regularly Surveyed, Or to be subdivided into tracts of less than forty acres each, and into town lots, or either, or both. He shall Cause the said lands so surveyed and subdivided, and each tract thereof, to be appraised by three competent and disinterested men to be appointed by him, and Who shall, after having each been first duly sworn to im- partially and faithfully execute the trust reposed in them, appraise the said lands, subdivisions, and tracts, and each of them and report their proceedings to the Secretary of the Interior for his action thereon. If such appraisement be disapproved, the Secretary of the Interior shall again cause the said lands to be appraised as before provided; and when the appraise- ment has been approved he shall cause the Said lands, Subdivisions, and lots to be sold at public Sale, to the highest bidder for cash, at not less than the ap- praised value thereof, nor less than one dollar and twenty-five cents per acre, first having given not less than sixty days’ public notice of the time, place, and terms of sale, immediately prior to such sale, by pub- lication in at least two newspapers having a general Circulation in the Country or section of County where the lands to be sold are situate; and any lands, sub- divisions, or lots remaining unsold may be reoffered for sale at any subsequent time in the same manner, at the discretion of the Secretary Of the Interior; and if not sold at such second offering for want of bidders, then the Secretary of the Interior may sell the same at private sale, for cash, at not less than the appraised value, nor less than One dollar and twenty-five cents per acre: Provided, That any set- tler who was in actual occupation of any portion of any such reservations prior to the location of such reservation, or settled thereon prior to January first, eighteen hundred and eighty-four, in good faith for the purpose of securing a home and of entering the Same under the general laws and has continued in such Occupation to the present time, and is by law en- titled to make a homestead entry shall be entitled to enter the land so occupied, not exceeding One hun- dred and sixty acres in a body, according to the GOV- ernment Surveys and Subdivisions: Provided further, That said lands were subject to entry under the pub- lic land laws at the time Of their withdrawal: And provided further, That all patents heretofore issued, and approved State selections, COvering any lands Within the old Fort Lyon Military Reservation, in the State of Colorado, declared by executive Order of August eighth, eighteen hundred and sixty-three, are hereby confirmed ; and the rights Of all entry- men and settlers On said reservation to acquire title under the homestead, preemption, or timber culture laws are hereby recognized and affirmed to the ex- tent they would have attached had public lands been settled upon or entered; and such portions of said reservation as shall not have been entered Or settled upon as aforesaid shall be disposed of by the Secre- tary of the Interior under the provisions of this act, including lands that may be abandoned by settlers or entrymen. (July 5, 1884, c. 214, § 2, 23 Stat. 103.) § 5005. Appraisal and sale of property on reservations—The Secretary of the Interior Shall cause any improvements, buildings, building materi- als, and other property which may be situate upon ź 5006 (Tit. 32 THE PUBLIC LANDS sold by the United States authorities, to be appraised in the same manner as hereinbefore provided for the appraisements of such lands, subdivisions, and 10ts, and shall cause the same, together with the tract Or lot upon which they are situate, to be sold at public sale, to the highest bidder for cash, at not less than the appraised value of such land and improvements, first giving the sixty days' notice as hereinbefore provided ; or he may, in his discretion, cause the im- provements to be sold separately, at public sale for cash, at not less than the appraised value, to be re- moved by the purchaser within Such time as may be prescribed, first giving the sixty days’ public notice before provided ; and if in any case the lands and improvements, or the improvements separately, as the case may be, are not sold for Want of bidders, then the Secretary of the Interior may, in his discre- tion, cause the same to be reoffered for sale, at any subsequent time, in the same manner as above pro- vided, or may cause the same to be sold at private sale for not less than the appraised value: Provided, That where buildings or improvements have been heretofore sold by the United States authorities the land upon which such buildings or improvements are situate not exceeding the smallest subdivision or lot provided for by this act upon the reservation on which said buildings are situate shall be offered for sale to the purchaser of said improvements and buildings at the appraised value of the lands and if said purchaser shall fail for sixty days after notice to complete said purchase of lands the same shall be sold under the provisions of this act: And provided further, That the proceeds of the military reservation lands sold On Bois Blanc Island near to Fort Mackinaw military reservation shall be set apart as a separate fund for the improvement of the National Park on the Is- land of Mackinaw Michigan under the direction of the Secretary of War. (July 5, 1884, c. 214, § 3, 23 Stat. 103.) § 5006. Disposition of mineral lands—When- ever any lands containing valuable mineral deposits shall be vacated by the reduction or abandonment of any military reservation under the provisions of this act, the same shall be disposed of exclusively under the mineral land laws of the United States. (July 5, 1884, c. 214, § 5, 23 Stat. 104.) § 5007. Reservations in Nevada; homestead entry on–That all the agricultural lands embraced within the military reservations in the State of Neva- da which have been placed under the control of the Secretary of the Interior for disposition be disposed Of under the homestead laws, and not otherwise. (Oct. 1, 1890, c. 1239, 26 Stat. 561.) § 5007a. Homestead and desert laws applica- ble to reservations in Nevada—All the agricultural lands embraced within the military reservations in the State of Nevada which have been placed under the control of the Secretary of the Interior for disposi- tion be disposed of under the homestead and desert- land laws, and not otherwise: Provided, That this Act is intended to make applicable to the desert-land laws only such lands as were included under the Act of March third, eighteen hundred and seventy-Seven, providing for the disposition of public lands under the desert-land laws. (Aug. 21, 1916, c. 361, 39 Stat. 518.) See §§ 4674–4680. § 5008. Grants to municipalities not to ex- ceed 20 acres—The President is hereby authorized by proclamation to withhold from sale and grant for public use to the municipal corporation in which the same is situated all Or any portion of any abandoned military reservation not exceeding twenty acres in one place. (March 3, 1893, c. 208, § 1, 27 Stat. 593.) IPage 754] any such lands, Subdivisions or lots not heretofore § 5009. Lands opened to settlement; prefer- ence right of entry---All lands not already disposed Of included within the limits of any abandoned mili- tary reservation heretofore placed under the Control of the Secretary of the Interior for disposition under the Act approved July fifth, eighteen hundred and eighty-four, the disposal of which has not been pro- Vided for by a subsequent Act of Congress, where the area exceeds five thousand acres, except such legal Subdivisions as have Government improvements there- On, and except also such other parts as are now or may be reserved for some public use, are hereby open- ed to Settlement under the public-land laws of the TJnited States, and a preference right of entry for a period of six months from the date of this Act shall be given all bona fide settlers who are qualified to en- ter under the homestead law and have made im- provements and are now residing upon any agricul- tural lands in said reservations, and for a period of six months from the date Of Settlement when that shall occur after the date of this Act: Provided, That perSons who enter under the homestead law shall pay for Such lands not less than the value heretofore º or hereafter determined by appraisement, nor less than the price of the land at the time of the entry, and Such payment may, at the Option. Of the purchas- er, be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of the Interior. (Aug. 23, 1894, c. 314, § 1, 28 Stat. 491.) See §§ 5003–5006. § 5010. Same; operation of previous act on reservations placed under control of Secretary of Interior—Nothing contained in this Act shall be Construed to suspend or to interfere with the Opera- tion of the said Act approved July fifth, eighteen hundred and eighty-four, as to all lands included in abandoned military reservations hereafter placed un- der the control of the Secretary of the Interior for disposal, and all appraisements required by the first Section Of this Act Shall be in accordance with the provisions of said Act of July fifth, eighteen hundred and eighty-four. (Aug. 23, 1894, c. 314, § 2, 28 Stat. 491.) See §§ 5003-5006. § 5011. Same; extension to other lands—The provisions of the Act approved August twenty-third, eighteen hundred and ninety four, entitled “An Act to provide for the opening of certain abandoned mili- tary reservations, and for other purposes,” are here- by extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the Act of July fifth, eighteen hundred and eighty-four. (Feb. 15, 1895, c. 92, § 1, 28 Stat. 664.) See §§ 5003–5006, 5009, 5010. § 5012. Confirmation of selections by states in lieu of school sections; disposal of sections— All State school indemnity selections in lieu of what are known as school sections in abandoned military reservations made pursuant to the decision of the Secretary of the Interior dated January twenty- eighth, eighteen hundred and ninety-eight, and before notice Of the withdrawal Of that decision was re- ceived at the local land Office at which the Selections were made, and which are otherwise regular and free from any prior lawful claim, shall be confirmed by the Secretary of the Interior; and the lands in Such School sections in lieu of which such confirmed Selections were made shall be disposed Of Under the laws applicable to other lands in such abandoned mil- itary reservations, a preference right being accorded to those who have made and maintained a bona fide settlement or entry pursuant to said decision of the Secretary of the Interior. (Feb. 11, 1903, c. 543, 32 Stat. 822.) . Ch. 101) Ž 5019 THE PUBLIC LANDS Chapter Ten I—ceded Indian Reservations commutation rights; Sec. 5013. Free homesteads to settlers; * ments to Indians. 5014. Commutation by settlers under free homestead law. 5015. Second homestead entry by settlers having made final entry by payment of price prior to free homestead Ia. W. 5016. Negotiations for cession of lands. 5017. Classification and appraisement of unallotted and unre- served lands. - 5018. Agreements with Indians not affected. 5019. Town-site laws extended to ceded lands in Minnesota. pay- § 5013. Free homesteads to settlers; commu- tation rights; payments to Indians—All settlers under the homestead laws of the United States upon the agricultural public lands, which have already been Opened to settlement, acquired prior to the pas- Sage of this Act by treaty or agreement from the vari- OUIS Indian tribes, who have resided Or shall here- after reside upon the tract entered in good faith for the period required by existing law, shall be entitled to a patent for the land so entered upon the payment to the local land officers of the usual and customary fees, and no other or further charge of any kind what- SOever shall be required from Such settler to entitle him to a patent for the land covered by his entry: Provided, That the right to commute any such entry and pay for said lands in the option of any such set- tler and in the time and at the prices now fixed by existing laws shall remain in full force and effect: Provided, however, That all sums of money so releas- ed which if not released would belong to any Indian tribe shall be paid to such Indian tribe by the United States, and that in the event that the proceeds of the annual Sales Of the public lands shall not be suffi- Cient to meet the payments heretofore provided for agricultural colleges and experimental stations by an Act of Congress, approved August thirtieth, eighteen hundred and ninety, for the more complete endow- ment and support of the colleges for the benefit of agricultural and mechanic arts, established under the provisions of an Act of Congress, approved July sec- Ond, eighteen hundred and sixty-two, such deficiency shall be paid by the United States: And provided fur- ther, That no lands shall be herein included on which the United States Government had made valuable improvements, or lands that have been sold at public auction by said Government. (May 17, 1900, c. 479, § 1, 31 Stat. 179.) § 5014. Commutation by settlers under free homestead law—The provisions of section twenty- three hundred and One Of the Revised Statutes of the United States, as amended, allowing homestead Set- tlers to commute their homestead entries be, and the Same hereby are, extended to all homestead Settlers affected by or entitled to the benefits of the provi- sions of the Act entitled “An Act providing for free homesteads On the public lands for actual and bona fide settlers, and reserving the public lands for that purpose,” approved the seventeenth day of May, anno Domini nineteen hundred: Provided, however, That in commuting such entries the entryman shall pay the price provided in the law under which original en- try was made. (Jan. 26, 1901, c. 180, 31 Stat. 740.) R. S. § 2301, is § 4589. § 5015. Second homestead entry by settlers having made final exitry by payment of price prior to free homestead law—Any person who, pri- or to the passage of an Act entitled “An Act providing for free homesteads On the public lands for actual and bona fide settlers, and reserving the public lands for that purpose,” approved May seventeenth, nine- IPage 755] identifying it on the official records: teen hundred, having made a homestead entry and perfected the same and acquired title to the land by final entry by having paid the price provided in the law Opening the land to settlement, and who would have been entitled to the provisions of the Act before Cited had final entry not been made prior to the pas- Sage Of Said Act, may make another homestead entry Of not exceeding One hundred and sixty acres of any of the public lands in any State or Territory subject to homestead entry: Provided, That any person de- Siring to make another entry under this Act will be required to make affidavit, to be transmitted with the other filing papers now required by law, giving the description of the tract formerly entered, date and number of entry, and name of the land Office where made, or other sufficient data to admit of readily And provided further, That said person has all the other proper Qualifications of a homestead entryman: And pro- vided also, That commutation under section twenty- three hundred and one of the Revised Statutes, or any amendment thereto, or any similar statute, shall not be permitted of an entry made under this Act, ex- cepting where the final proof, submitted on the for- Imer entry hereinbefore described, shows a residence upon the land covered thereby for the full period of five–years, or—such—term—of residence—thereon—as add- ed to any properly credited military or naval Service shall equal such period of five years. (May 22, 1902, c. 821, § 2, 32 Stat. 203.) See § 5013. § 5016. Negotiations for cession of lands— That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to negotiate, through any United States Indian inspector, agree- ments With any Indians for the Cession to the United States of portions Of their respective reservations or Surplus unallotted lands, any agreements thus ne- gotiated to he subject to subsequent ratification by Congress. . (March 3, 1901, c. 832, § 1, 31 Stat. 1077.) § 5017. Classification, and appraisement of unallotted and unreserved Hands—That the Secre- tary of the Interior be, and he is hereby, authorized to cause to be classified or reclassified and appraised Or reappraised, in such manner as he may deem ad- visable, the unallotted or Otherwise unreserved lands within any Indian reservation Opened to settlement and entry but not classified and appraised in the manner provided for in the Act or Acts opening such reservations to settlement and entry, or where the existing classification or appraisement is, in the Opinion of the Secretary of the Interior, erroneous. (June 6, 1912, c. 155, 37 Stat. 125.) § 5918. Agreements with Indians not affect- ed—Nothing in this act shall change, repeal, or modi- fy any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the dis- position of Such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in section 5 of this act. (March 3, 1891, c. 561, § 10, 26 Stat. 1099.) § 5019. Town-site laws extended to ceded lands in Minnesota—Chapter eight, title thirty-two, Of the Revised Statutes of the United States, entitled “Reservation and sale of town sites on the public lands,” be, and is hereby, extended to and declared to be applicable to ceded Indian lands within the State of Minnesota. This act shall take effect and be in force from and after its passage. (Feb. 9, 1903, c. 531, 32 Stat. 820.) 2 5020 (Tit. 32 TEIE PUBLIC LANDS [Page 756] Chapter Ten J–Public Lands in Sec. Oklahoma 5020. Homestead entries on Indian lands; soldiers’ and sail- - ors’ homesteads; reservation of school and mission- ary lands; rights of railroads. - 5021. Procedure; selections in square form; amount of hold- ing; soldiers’ and sailors’ homesteads. 5022. Patents on homestead entries on payment twelve months - after location. 5023. Town-site laws applicable; lands open to entry; vations; rights of homestead settlers. 5024. Reservations between sections for highway purposes. 5025. Fraudulent settlement. - TeSeT- 5026. Rights of occupants not impaired. 5027. Non-mineral character of lands. 5028. Division into counties before opening to settlement; reservation for county seats. 5029. Entry by trustees. 5030. Evidence of occupancy. 5031. Church lots. 5032. Sale or reservation of lots. 5033. Kansas town-site law to govern trustees. 5034. Preference of pending entries; appeals. - 5035. Authority, duties, and compensation of trustees. 5036. Town-site laws extended to Cherokee Outlet. 5037. Boards of town-site trustees abolished. 5038. Vacation of town-sites; homestead entries; sale. 503.9. Same; sale of vacated town-sites. 5040. Homestead settlers on lands in Greer county. 5041. Same; unoccupied lands subject to homestead entry Only. 5042. Same; town-site entries. 5043. Same; application of act; repeal; commutation of homesteads. - - 5044. Right of purchasers from Texas to perfect title under homestead laws. - § 5020. Homestead entries on Indian lands; soldiers’ and sailors’ homesteads; reservation of school and missionary lands; rights of rail- roads—Whenever any of the other lands within the Territory Of Oklahoma, now occupied by any Indian tribe, shall by Operation of law or proclamation of the President of the United States, be open to settlement, they shall be disposed of to actual settlers only, un- der the provisions of the homestead law, except sec- tion twenty-three hundred and One of the Revised Statutes of the United States, which shall not apply: Provided, however, That each settler, under and in aCCOrdance with the provisions of said homestead laws, shall before receiving a patent for his home- stead pay to the United States for the land so taken by him, in addition to the fees provided by law, a Sum per acre equal to the amount which has been Or may be paid by the United States to obtain a relinquishment of the Indian title or interest therein, but in no Case shall such payment be less than one dollar and twenty-five cents per acre. The rights of honorably discharged soldiers and Sailors in the late Civil war, as defined and described in sections twenty- three hundred and four and twenty-three hundred ... and five of the Revised Statutes of the United States, Shall not be abridged except as to such payment. All tracts of land in Oklahoma Territory which have been Set apart for school purposes, to education- al SOcieties, or missionary boards at work among the Indians, shall not be open for settlement, but are hereby granted to the respective educational societies Or missionary boards for whose use the same has been Set apart. No part of the land embraced within the Territory hereby created shall inure to the use or benefit of any railroad corporation, except the rights Of Way and land for stations heretofore granted to Certain railroad corporations. Nor shall any provi- SiOn Of this act or any act of any officer of the United States, done or performed under the provisions of this act or Otherwise, invest any corporation owning or Operating any railroad in the Indian Territory, or Territory created by this act, with any land or right to any land in either of said Territories, and this act shall not apply to or affect any land which, Upon any condition on becoming a part of the public do- main, Would inure to the benefit of, or become the property of, any railroad corporation. (May 2, 1890, c. 182, § 18, 26 Stat. 90.) R. S. § 2301, is § 4589. $ 5021. Procedure; selections in square form; amount of holding; soldiers” and sailors’ home- steads—The procedure in applications, entries, Con- tests, and adjudications in the Territory of Oklahoma shall be in form and manner prescribed under the homestead laws of the United States, and the general principles and provisions Of the homestead laws, except as modified by the provisions of this act and the acts of Congress approved March first and sec- Ond, eighteen hundred and eighty-nine, heretofore mentioned, shall be applicable to all entries made in said Territory, but no patent shall be issued to any person who is not a citizen of the United States at the time of making final proof. All persons who shall settle on land in said Territory, under the provisions of the homestead laws of the United States, and of this act, shall be required to select the same in Square form as nearly as may be; and no person who shall at the time be seized in ſee simple of a hundred and sixty acres of land in any State or Territory, shall hereafter be entitled to enter land in said Ter- ritory of Oklahoma. The provisions of sections twen- ty-three hundred and four and twenty three hundred and five Of the Revised Statutes Of the United States shall, except so far as modified by this act, apply to all homestead settlements in said Territory. (May 2, 1890, c. 182, § 20, 26 Stat. 91.) § -5022. Patents on homestead entries on payment twelve months after location—Any per- SOn, entitled by law to take a homestead in said Territory of Oklahoma, who has already located and filed upon, or shall hereafter locate and file upon, a homestead within the limits described in the Presi- dent’s proclamation of April first, eighteen hundred and eighty nine, and under and in pursuance of the laws applicable to the settlement of the lands opened for settlement by such proclamation, and who has Complied with all the laws relating to such homestead settlement, may receive a patent therefor at the ex- piration of twelve months from date of locating up- On Said homestead upon payment to the United States of one dollar and twenty-five cents per acre for land embraced in such homestead. (May 2, 1890, c. 182, § 21, 26 Stat. 91.) § 5023. Town-site laws applicable; lands open to entry; reservations; rights of homestead set- tlers—The provisions of title thirty-two, chapter eight Of the Revised Statutes Of the United States relating to “reservation and sale of town sites on the public lands” shall apply to the lands open, or to be opened to settlement in the Territory of Oklahoma, except those Opened to settlement by the proclamation Of the President on the twenty-second day of April, eighteen hundred and eighty-nine: Provided, That hereafter all Surveys for town sites in Said Territory shall contain reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggre- gate not less than ten nor more than twenty acres; and patents for such reservations, to be maintained for Such purposes, shall be issued to the towns re- Spectively when Organized as municipalities: Pro- Vided further, That in case any lands in said Ter- ritory of Oklahoma, which may be occupied and filed upon as a homestead, under the provisions of law ap- plicable to Said Territory, by a person who is en- titled to perfect his title thereto under such laws, are required for town site purposes, it shall be lawful for Such person to apply to the Secretary of the In- terior to purchase the lands embraced in said home- Stead or any part thereof for town-site purposes. He shall file with the application a plat of such proposed town-site, and if such plat shall be approv- ed by the Secretary of the Interior, he shall issue a patent to Such person for land embraced in Said town Site, upon the payment of the sum of ten dol- lars per acre for all the lands embraced in such town Site, except the lands to be donated and maintained for public purposes as provided in this section. And Ch. 10J) ź 5034 THE PUBLIC LANDS the sums so received by the Secretary of the Interior shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only. (May 2, 1890, c. 182, § 22, 26 Stat. 91.) - § 5024. Reservations . between sections for laighway purposes—That there shall be reserved pub- lic highways four rods wide between each section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason Of Such reservation. But if the said high- way shall be vacated by any competent authority, the title to the respective strips shall inure to the then Owner Of the tract of which it formed a part by the original survey. (May 2, 1890, c. 182, § 23, 26 Stat. 92.) - § 5025. Fraudulent settlement—It shall be un- lawful for any person, for himself or any company, association, or corporation, to directly or indirectly procure any person to settle upon any lands Open to settlement in the Territory of Oklahoma, with in- tent thereafter of acquiring title thereto; and any title thus acquired shall be void; and the parties to Such fraudulent settlement shall severally be guilty of a misdemeanor, and shall be punished-upon in- dictment, by imprisonment not exceeding twelve months, Or by a fine not exceeding One thousand dol- lars, or by both such fine and imprisonment, in the discretion of the court. (May 2, 1890, c. 182, § 24, 26 Stat. 92.) § 5026. Rights of occupants not impaired— The provisions of this act shall not be SO construed as to invalidate Or impair any legal claims or rights of persons OCCupying any portion of said Territory, under the laws Of the United States, but such claims shall be adjudicated by the Land Department, or the Courts, in accordance with their respective jurisdic- tions. (May 2, 1890, c. 182, § 27, 26 Stat. 93.) § 5027. Non-mineral character of lands—All the lands in Oklahoma are hereby declared to be agricultural lands, and proof of their non-mineral Character Shall not be required as a COndition pre- cedent to final entry. (March 3, 1891, c. 543, § 16, 26 Stat. 1026.) § 5028. Division into counties before open- ing to settlement; reservation for county seats— Before any lands in Oklahoma are open to settlement it shall be the duty Of the Secretary Of the Interior to divide the same into COUInties which shall COn- tain as near as possible not less than seven hundred square miles in each county. * * Provided fur- ther, That as SOOn as the County lines are designated by the Secretary he shall reserve not to exceed one- half Section of land in each County, to be located near the Center Of Said County, for COunty Seat purposes, to be entered under Sections twenty-three hundred and eighty-seven and twenty-three hundred and eighty-eight of the Revised Statutes. (March 3, 1891, c. 543, § 37, 26 Stat. 1043.) R. S. §§ 2387, 2388, are $$ 4791, 4792. § 5029. Entry by trustees—SO much of the pub- lic lands situate in the Territory of Oklahoma, now Open to settlement, as may be necessary to embrace all the legal subdivisions COvered by actual Occu- pancy for purposes of trade and business, not ex- Ceeding twelve hundred and eighty acres in each case, may be entered as town-sites, for the several use and benefit of the Occupants thereof, by three trustees to be appointed by the Secretary of the. In- terior for that purpose, such entry to be made under the provisions Of Section. twenty-three hundred and eighty-seven of the Revised Statutes as near as may be ; and When Such entry shall have been made, the Secretary of the Interior shall provide regulations for the proper execution of the trust, by such trus- tees including the Survey of the land into Streets, alleys, squares, blocks, and lots when necessary, or [Page 757] the approval Of Such survey as may already have been made by the inhabitants thereof, the assess- ment upon the lots of Such sum as may be necessary to pay for the lands embraced in Such town-site, costs of survey, conveyance of lots, and other neces- Sary expenses, including COmpensation of trustees : Provided, That the Secretary of the Interior may when practicable Cause more than One town Site to be entered and the trust thereby Created executed in the manner herein provided by a single board of trustees, but not more than Seven boards Of trustees in all shall be appointed for said Territory, and no more than two members Of any of Said boards shall be appointed from one political party. (May 14, 1890, c. 207, § 1, 26 Stat. 109.) § 5030. Evidence of occupancy—In the exeCu- tion of such trust, and for the purpose of the con- Veyance Of title by said trustees, any Certificate Or Other paper evidence of claim duly issued by the authority recognized for such purpose by the people residing upon any town site the subject of entry here- under, shall be, taken as evidence of the OCCupancy by the holder thereof Of the lot or lots therein de- Scribed, except that where there is an adverse claim to said property such certificate shall Only be prima facie evidence of the claim of Occupancy of the hold- er: Provided, That nothing in this act GOntained shall be SO COnstrued as to make Valid any claim now in- valid of those who entered upon and occupied said lands in Violation of the laws of the United States Or the proclamation of the President thereunder : Provided further, That the Certificates hereinbefore mentioned shall not be taken as evidence in favor of any perSOn Claiming lots who entered upon said lots in violation of law or the proclamation of the Presi- º thereunder. (May 14, 1890, c. 207, § 2, 26 Stat. 109.) § 5031. Church lots—Lots of land occupied by any religious Organization, incorporated or other- Wise, Conforming to the approved survey within the limits Of Such town-site, shall be conveyed to or in trust for the same. (May 14, 1890, c. 207, § 3, 26 Stat. 109.) § 5032. Sale or reservation of Hots—All lots not disposed of as hereinbefore provided for shall be sold under the direction of the Secretary of the Interior for the benefit of the municipal government Of any such town, or the same or any part thereof may be reserved for public use as sites for public buildings, or for the purpose of parks, if in the judg- ment Of the Secretary such reservation would be for the public interest, and the Secretary shall execute proper conveyances to carry out the provisions of this section. (May 14, 1890, c. 207, § 4, 26 Stat. 109.) § 5033. Kansas town-site law to govern trus- tees—The provisions of sections four, five, six and Seven, Of an act Of the legislature of the State of Kansas, entitled “An act relating to town-sites,” ap- proved March second, eighteen hundred and sixty- eight, shall, So far as applicable, govern the trustees in the performance of their duties hereunder. (May 14, 1890, c. 207, § 5, 26 Stat. 109.) § 5034. Preference of pending entries; ap- peals—All entries of town-sites now pending on ap- plication hereafter made under this act, shall have preference at the local land office of the ordinary business Of the Office and shall be determined as Speedily as possible, and if an appeal shall be taken from the decision Of the local Office in any such case to the Commissioner of the General Land Office, the same shall be made Special, and disposed of by him as expeditiously as the duties of his office will permit, and so if an appeal should be taken to the Secre- tary of the Interior. And all applications heretofore filed in the proper land Office shall have the same force and effect as if made under the provisions of this act, and upon the application Of the trustees herein provided for, such entries shall be prosecuted # 5035 (Tit. 32 THE PUBLIC LANDS IPage 758] to final issue in the names of such trustees, without other formality and when final entry is made the title of the United States to the land covered by Such entry shall be conveyed to said trustees for the uses and purposes herein provided. (May 14, 1890, C. 207, § 6, 26 Stat. 110.) § 5035. Authority, duties, and compensation of trustees—The trustees appointed under this act shall have the power to administer oaths, to hear and determine all controversies arising in the execution Of this act shall keep a record Of their proceedings, which shall, with all papers filed with them and all evidence of their official acts, except conveyances, be filed in the General Land Office and become part Of the records Of the same, and all conveyances exe- cuted by them shall be acknowledged before an officer duly authorized for that purpose. They shall be al- lowed such compensation as the Secretary of the Interior may prescribe, not exceeding ten dollars per day while actually employed ; and such traveling and Other necessary expenses as the Secretary may authorize and the Secretary Of the Interior shall also provide them with necessary clerical force by detail or otherwise. (May 14, 1890, c. 207, § 7, 26 Stat. 110.) § 5036. Town-site laws extended to Cherokee Outlet—That all the provisions of an act of Congress, approved May Fourteenth, One Thousand Eight Hun- dred and Ninety, which provides for townsite entries Of lands in a portion of what is known as “Okla- homa,” be, and the same are hereby, made applicable to the territory known as the “Cherokee Outlet,” and now a part of the Territory of Oklahoma ; and that all acts or parts of acts inconsistent with this. joint resolution be and the same are hereby repealed. (Sept. 1, 1893, No. 4, 28 Stat. 11.) § 5037. Boards of town-site trustees abolish- ed—Payment to boards on town-site entries in Okla- homa : * * On January first, eighteen hundred and ninety-nine, the boards of trustees for town sites, and each of them in said Territory, shall cease and be abolished, and no compensation shall be allowed or paid to anyone, member, or trustee, or disburs- ing agent on or after January first, eighteen hundred and ninety-nine. And so much of the trust vested in said boards and heretofore initiated as shall re- main unexecuted. On Said date Shall be Vested in the COmmissioner Of the General Land Office, Who is hereby authorized and empowered to complete the same. (July 7, 1898, c. 571, 30 Stat. 674.) § 5038. Vacation of town-sites; homestead entries; salie—In all cases where a town site, Or an addition to a town site, entered under the provisions Of Section twenty-two Of an Act entitled “An ACt to provide a temporary government for the Territory Of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for Other purposes,” approved May second, eighteen hundred and ninety, shall be vacated in accordance with the laws Of the Territory of Oklahoma, and patents for the public reservations in such vacated town site, Or addition thereto, have not been issued, it shall be lawful for the Commissioner of the General Land Office, upon an official showing that such town site, Or addition thereto, has been Vacated, and upon payment of the homestead price for such reservations, to issue a patent for such reservations to the original entryman. If the original entryman shall fail or neglect to make application for the reservations with- in six months from the Vacation Of Such town site, or from the passage of this Act, the reservations shall be subject to disposal under the provisions of Section twenty-four hundred and fifty-five Of the Re- vised Statutes of the United States, as amended by the Act approved February twenty-sixth, eighteen hundred and ninety-five. (May 11, 1896, c. 168, § 1, 29 Stat. 116.) sº § 2455, is $ 5110. Act May 2, 1890, c. 182, § 22, is § 503.9. Same; sale of vacated town-sites—If a patent has already issued, or shall hereafter issue, for any such reservation, to any town or municipal- ity, such town or municipality, upon the vacation Of the town site or addition thereto, as aforesaid, may sell the same at public or private sale to the highest bidder after thirty days’ public notice of such sale, and convey said lands to the purchaser by proper deed of conveyance, and cover the proceeds of such sale into the school fund of such town or municipal- ity: Provided, That where, by reason of the Vaca- tion of an entire town site and all, its additions, the municipal organization has ceased to exist, the reser- Vations in such vacated town site which may have been patented to the to Wn may be disposed Of as isolated tracts under the provisions of section twenty- four hundred and fifty-five Of the Revised Statutes Of the United States, as amended by the Act approved February twenty-sixth, eighteen hundred and ninety- five. (May 11, 1896, c. 168, § 2, 29 Stat. 117.) § 5040. Homestead settlers on lands in Greer county—Every person qualified under the home- Stead laws Of the United States, who, On March six- teenth, eighteen hundred and ninety-six, was a bona fide occupant of land within the territory established as Greer County, Oklahoma, shall be entitled to Con- tinue his occupation of such land with improvements thereon, not exceeding One hundred and sixty acres, and Shall be allowed six months preference right from the passage of this Act within which to initiate his claim thereto, and shall be entitled to perfect title thereto under the provisions Of the hOmeStead law, upon payment Of land Office fees Only, at the expiration of five years from the date of entry, ex- cept that such person shall receive credit for all time during which he or those under whom he claims shall have continuously occupied the same prior to March Sixteenth, eighteen hundred and ninety-six. Every such person shall also have the right, for six months prior to all other persons, to purchase at One dollar an acre, in five equal annual payments, any addi- tional land of Which he was in actual possession. On March sixteenth, eighteen hundred and ninety-six, not exceeding One hundred and sixty acres, which, prior to said date, shall have been cultivated, pur- chased, or improved by him. When any person en- titled to a homestead or additional land, as above provided, is the head of a family, and though still living, shall not take such homestead or additional land, within six months from the passage of this Act, any member of such family over the age of twenty-one years, other than husband or wife, shall Succeed to the right to take such homestead Or ad- ditional land for three months longer, and any Such member of the family shall also have the right to take, as before provided, any excess of additional land actually cultivated or improved prior to March sixteenth, eighteen hundred and ninety-six above the amount to which such head of the family is entitled, not to exceed one hundred and sixty acres to any One person thus taking as a member Of Such family. In case of the death Of any Settler who actually established residence and made improvement on land in said Greer County prior to March. Sixteenth, eighteen hundred and ninety-six, the entry shall be treated as having accrued at the time the residence was established, and sections twenty-two hundred and ninety-one and twenty-two hundred and ninety- two of the Revised Statutes shall be applicable thereto. Any person entitled to such homestead or addition- al land shall have the right prior to January first, eighteen hundred and ninety-seven, from the passage of this Act to remove all Crops and improvements he may have on land not taken by him. (Jan. 18, 1897, C. 62, § 1, 29 Stat. 490.) R. S. §§ 2291, 2292, are $$ 4532, 4543. § 5041. Same; unoccupied lands subject to homestead entry only—All land in Said County not occupied, cultivated, or improved, as provided in the Ch. 10K) 3 5045a THE PUBLIC LANDS [Page 759] first Section hereof, or not included within the limits of any town site or reserve shall be subject to entry to actual settlers Only, under the provisions of the home- stead law. (Jan. 18, 1897, c. 62, § 2, 29 Stat. 490.) § 5942. Same; town-site entries—The inhabit- ants of any town located in said COunty shall be en- titled to enter the same as a town site under the pro- visions of sections twenty-three hundred and eighty- Seven, twenty-three hundred and eighty-eight, and twenty-three hundred and eighty-nine Of the Revis- ed Statutes of the United States: Provided, That all persons who have made or own improvements on any town lots in said County made prior to March six- teenth, eighteen hundred and ninety-six, shall have the preference right to enter said lots under the pro- visions of this Act and of the general town site laws. (Jan. 18, 1897, c. 62, § 3, 29 Stat. 490.) R. S. §§ 2387–2389, are $$ 4791–4793. § 5043. Same; application of act; repeal; commutation of Iloimesteads—The provisions Of this Act shall apply only to Greer County, Oklahoma, and that all laws inconsistent with the provisions Of this Act, applying to said territory in Said county, are hereby repealed ; and all laws authorizing Commu- tations Of homesteads in Oklahoma shall apply to Greer County. (Jan. 18, 1897, c. 62, § 7, 29 Stat. 491.) § 5044. Right of purchasers from Texas to perfect title under homestead laws—Section one of an Act to give preference right to settlers in Greer County, Oklahoma Territory, is hereby so amended as to allow parties who have had the benefit Of the home- stead laws of the United States, and who had pur- chased land in Greer County from the State of Texas prior to March sixteenth, eighteen hundred and nine- ty-six, to perfect titles to said lands a CCOrding to the provisions Of Section One hereinbefore mentioned, un- der such regulations as the Commissioner of the Gen- eral Land Office may prescribe, and according to the legal subdivisions of the public Surveys, if no ad- verse rights have attached: Provided, That no set- tler shall be permitted to acquire to exceed three hundred and twenty acres under this provision. (March 1, 1899, c. 328, 30 Stat. 966.) See § 5040. Chapter Ten K—Public Lands in Sec. Alaska 5045. Surveys. B045a. Reservation of lands for schools, agricultural college and school of mines. 5045b. Site for agricultural college and school of mines; ag- ricultural experiment station. 5046. Homestead laws extended; amount to be entered; loca- tions on unsurveyed lands; , transfers. 5046a. Entry on unappropriated public lands. 5046b. Same; lands excepted. 5047. Mining laws extended to ; mining on Bering Sea; regu- lations. 5048. Mining rights of native-born citizens of Canada. 5049. Recording notices of location. 5050. Miners’ regulations for recording; recorder; records legalized. Annual labor or improvements on mining claims. Same; fees for filing proofs of work and improvements. Time for filing adverse claims, and for adverse suits. Association placer-mining claims limited; annual as- sessment work. 5055. Power of attorney to locate placer-mining claim; re- strictions. 5056. Restrictions on locations by Owners. 5057. Area and shape of placer-mining claims. 5058. Placer-mining claims located in Violation Of. 5059. Miner’s labor lien on output; priority. 5060. Same; claim; filing; form. 5061. Same; recording claim. 5062. Same; limitation if no action commenced. 5063. Same; foreclosure; jurisdiction of justices. 5064. Same; foreclosure; dismissal of action; amendment. 5065. Same; foreclosure; statement of case; summons; ad- Verse claims. 5066. Same; foreclosure; joinder of claimants; consolidation of actions; costs; waiver of lien void. 5067. Same; foreclosure; judgment; sale; extraction of gold by marshal or defendant; proceeds. 5068. Same; foreclosure; appeal from justice. 5069. Same; persons doing certain acts with notice of lien liable for judgment and costs; larceny. Sec. 5070. Coal-lands; laws extended to. 5071. Same; location of lands on which coal mine has been Opened or improved. 5072. Same; patents; shores of navigable waters. 5073. Same; adverse claims. 5074. Same; existing provisions continued in force. 5075. Same; consolidation of claims or locations; associations Or corporations. 5076. Same; reservation of preference right to purchase prod- uct of mine for Army and Navy. 5077. Same; forfeiture of lands or deposits purchased on ac- count of unlawful trust, restraint of trade, or holding in excess of amount limited. 5078. Same; patents to recite terms and conditions. 5078a. Same; Surveys of lands. 5078b. Same; reservation of certain limited areas; mining therein. - 5078c. Same; division of unreserved lands into leasing blocks Or tracts; leases; pending claims. 50786. sº leases; further or new Iease of additional lands. 50786. Same; leases; consolidation. 5078f. Same; leases; limitations. ' 5078g. Same; leases; offenses. 5078h. Same; leases; offenses; felony; punishment. 5078i. Same; leases; forfeiture. 5078.j. Same; leases; royalties and rentals. 5078k. Same; coal for local and domestic needs. 5078l. Same; reservation required, in lease, entry, location, Occupation or use permitted. 5078m. Same; leases; assignment or subletting. 5078n. Same; leases; possession of lessee as possession of United States. 50780.T.Same; leases; forfeiture and cancellation. 5078p. Same; lands withdrawn from entry or sale; of; pending claims. 5078q. Same; statements, representations and reports. 5078r. Same; rules and regulations. Entries by trustees under town-site laws; disposal surveys. * 5080. Purchases for trade or manufacture; adverse claimants 5081. Surveys; deposits; making and approval. 5082. Lands and rights reserved. 5083. Railroad rights of way; reservations. 5084. Same; rights of several roads through canyons; grade Crossings; transportation charges. 5085. Same; condemnation of land. 5086. Salme; map of location; forfeiture of rights. 5087. Right of Way for wagon roads, wire rope, aerial or oth— er tramways; reservations; tolls. 5088. Act not to apply to military, park, Indian, or other res- er Vations. 5089. Right to repeal or amend act; assignment of right of - Way. 5090. Map of location. Purchases for trade or manufacture; & lands reserved; adverse claimants. 5092. Sale of timber. 5093. Export of pulp wood or wood pulp. 5094. Missionary Stations. 5095. Lºng for Schools or missions; patents; general land a.W.S. 5096 Allºt of land to native Indians or Eskimo as home- SUea, Ols. 50.96a. Annette Islands reserved for Metlakahtla Indians. § 5045. Surveys—The system of public land sur- Veys is hereby extended to the district of Alaska. (March 3, 1899, c. 424, § 1, 30 Stat. 1098.) § 5045a. Reservation of lands for schools, agricultural college and selhool of mines—When the public lands of the Territory of Alaska are sur- Veyed, under direction of the Government of the United States, sections numbered sixteen and thirty- Six in each township in said Territory shall be, and the Same are hereby, reserved from sale or settlement for the Support of Common schools in the Territory Of Alaska; and section thirty-three in each township in the Tanana Valley between parallels sixty-four and sixty-five north latitude and between the One hun- dred and forty-fifth and the one hundred and fifty- Second degrees of West longitude (meridian of Green- Wich) shall be, and the same is hereby, reserved from Sale or settlement for the support of a Territorial agricultural College and school of mines when estab- lished by the Legislature of Alaska upon the tract granted in section two of this Act: Provided, That where settlement with a view to homestead entry has been made upon any part of the sections reserved here- by before the Survey thereof in the field, or where the same may have been sold or otherwise appropriated by or under the authority of any Act of Congress, or are wanting or fractional in quantity, other lands may be designated and reserved in lieu thereof in the ź 5045b (Tit. 32 THE PUBLIC LANDS [Page 7601 * manner provided by the Act of Congress of February twenty-eighth, eighteen hundred and ninety-one (twenty-sixth Statutes, page seven hundred and nine- ty-one): Provided further, That the Territory may, by general law, provide for leasing said land in area Inot to exceed One section to any one person, associa- tion, Or COrpOration for not longer than ten years at any One time: And provided further, That if any of said Sections, or any part thereof, shall be of known mineral Character at the date of acceptance Of Sur- vey thereof, the reservation herein made shall not be effective Or applicable, but the entire proceeds Or income derived by the United States from such sec- tions sixteen and thirty-six and Such Section thirty- three in each township in the Tanana Valley area hereinbefore described, and the minerals therein, to- gether with the entire proceeds or income derived from said reserved lands, are hereby appropriated and Set apart as Separate and permanent funds in the Territorial treasury, to be invested and the income from which shall be expended only for the exclusive use and benefit Of the public schools of Alaska or of the agricúltural College and School Of mines, respec- tively, in such manner as the Legislature of Alaska may by law direct. (March 4, 1915, c. 181, § 1, 38 Stat. 1214, 1215.) - - § 5045b. Site for agricultural college and school of mines; agricultural experiment sta- tion—Section numbered six, in township numbered One South of the Fairbanks base line and range num- §bered one west of the Fairbanks meridian; section numbered thirty-one, in township numbered One north Of the Fairbanks base line and range numbered One west of the Fairbanks meridian; section numbered One, in township numbered one south of the Fairbanks base line and range numbered two west of the Fair- banks meridian ; and section numbered thirty-Six, in township numbered one north of the Fairbanks base line and range numbered two west of the Fairbanks meridian, be, and the same are hereby, granted to the Territory of Alaska, but with the express condition that they shall be forever reserved and dedicated to use as a Site for an agricultural College and SChool of mines: Provided, That nothing in this Act shall be held to interfere with Or destroy any legal claim Of any person or Corporation to any part of said lands under the homestead or other law for the disposal of the public lands acquired prior to the approval Of this Act: , Provided further, That so much of the Said land as is now used by the GOvernment Of the |United States as an agricultural experiment station may. COntinue to be used for Such purpose until aban- doned for that use by an Order Of the President Of the |United States or by Act Of Congress. (March 4, 1915, c. 181, § 2, 38 Stat. 1215.) § 5046. Homestead laws extended; amount to be entered; locations on unsurveyed lands; transfers—All the provisions Of the homestead laws Of the United States not in conflict with the provi- Sions Of this Act, and all rights incident thereto, are hereby extended to the district Of Alaska, Subject to such regulations as may be made by the Secretary of the Interior ; and no indemnity, deficiency, or lieu land Selections pertaining to any land grant Outside of the district Of Alaska. Shall be made, and no land Scrip Or land Warrant of any kind whatsoever shall be located within Or exercised upon any lands in said district except as now provided by law; and provid- ed further that no more than One hundred and sixty acres shall be entered in any single body by such scrip, lieu selection, or soldier's additional homestead right ; and provided further that no location of scrip, Selection, Or right along any navigable Or Other wa- ters shall be made within the distance of eighty rods of any lands, along such waters, theretofore located by means of any such scrip or otherwise; and pro- vided further that no commutation privileges shall be allowed in excess of one hundred and sixty acres in- cluded in any homestead entry under the provisions hereof: Provided, That no entry shall be allowed ex- tending more than one hundred and sixty rods along the Shore Of any navigable water, and along such Shore a Space of at least eighty rods shall be reserv- ed from entry between all such claims; and that noth- ing herein contained shall be so construed as to au- , thorize entries to be made or title to be acquired to the shore of any navigable waters within said dis- trict; and no patent shall issue hereunder until all the requirements of sections twenty-two hundred and ninety-One, twenty-two hundred and ninety-two, and tWenty-three hundred and five of the Revised Statutes Of the United States have been fully complied with as to residence, improvements, cultivation, and proof eXcept as to Commuted lands as herein provided: And it is further provided, That every person who is Qualified under existing laws to make homestead entry Of the public lands of the United States who has settled upon Or who shall hereafter settle upon any Of the public lands of the United States situated in the district of Alaska, whether surveyed or un- Surveyed, with the intention of claiming the same un- der the homestead laws, shall, subject to the provi- Sions and limitations hereof, be entitled to enter three hundred and twenty acres or a less quantity of unappropriated public land in said district of Alaska. If any of the land so settled upon, or to be settled up- On, is unsurveyed, then the land settled upon, or to be Settled upon, must be located in a rectangular form, not more than One mile in length, and located by north and SOuth lines run a CCOrding to the true meridian; that the location so made shall be marked upon the ground by permanent monuments at each of the four Corners of the said location, so that the boundaries of the same may be readily and easily traced; that the record of said location shall, with- in ninety days from the date of settlement, be filed for record in the recording district in which the land is situated. Said record shall contain the name Of the settler, the date of the settlement, and such a de- Scription. Of the land settled upon, by reference to SOme natural Object Or permanent monument, as will iden- tify the same; and, if after the expiration of the said period of five years or at such date as the set- tler may desire to commute the public Surveys of the United States have not been extended Over the land located, a patent shall nevertheless issue for the land included within the boundaries of said location as thus recorded, upon proof to be submitted to the register and receiver of the proper land office, upon proof that he is a citizen of the United States, and upon the further proof required by section twenty- two hundred and ninety-One Of the Revised Statutes Of the United States as heretofore and herein amend- ed, and under the procedure in the obtaining Of pat- ents to the unsurveyed lands of the United States, as provided for by section ten of the Act hereby amend- ed, and under such rules and regulations as shall be prescribed by the Secretary of the Interior as here- in before provided, without the payment Of any pur- Chase price Or other Charges, except the Ordinary Of- fice fees and Commissions of the register and receiver except one dollar and twenty-five cents per acre on land Commuted: And provided always, That no title shall be obtained hereunder to any of the mineral or Coal lands Of the district Of Alaska: And it is fur- ther provided, That the right Of any homestead set- tler to transfer any portion of the land so settled up- On, as provided by section twenty-two hundred and eighty-eight Of the Revised Statutes Of the United States, shall be restricted and limited within the dis- trict of Alaska as follows: For church, cemetery, or School purposes to five acres, and for the right of railroads a CrOSS SU Ch homestead to One hundred feet in width. On either side of the Center line of Said railroad; and all COntracts by the Settler made be- fore his receipt of patent from the Government, for Ch. 10K) ź 5051 THE PUBLIC LANDS IPage 761] the Conveyance Of the land homesteaded by him Or her, except as herein provided, shall be held null and void. (March 3, 1903, c. 1002, 32 Stat. 1028.) R. S. § 2291, and Act March 3, 1877, c. 172, with subse- quent provisions, are $$ 4532–4534. R. S. § 2292, is § 4543. R. S. § 2305 . is § 4593. Act May 14, 1908, c. 299, § 10, is § 5091. R. S. § 2288, is § 4535. § 5046a. Entry on unappropriated public lands—Every person who is qualified under exist- ing laws to make homestead entry of the public lands Of the United States who has settled upon Or Who shall hereafter settle upon any of the public lands Of the United States situated in the District Of Alas- ka, whether surveyed or unsurveyed, with the in- tention of claiming the same under the homestead laws, shall, subject to the provisions and limitations of the Act approved March third, nineteen hundred and three, chapter one thousand and two, United States Statutes at Large, page one thousand and tWen- ty-eight, be entitled to enter one hundred and sixty acres or a less quantity of unappropriated public land in said District of Alaska, and no more, and a former homestead entry in any other State or Terri- tory shall not be a bar to a homestead entry in Alas- ka: Provided, That nothing herein contained shall be Construed to limit or curtail the area. Of any home- stead claim heretofore lawfully initiated. (July 8, 1916, c. 228, § 1, 39 Stat. 352.) T See § 5046. § 5046b. Same; lands excepted—There Shall be excepted from homestead settlement and entry under this Act the lands in Annette and Pribilof Islands, the islands leased or occupied for the propagation of foxes, and such other lands as have been Or may be reserved or withdrawn from settlement Or entry. (July 8, 1916, c. 228, § 2, 39 Stat. 352.) § 5047. Mining laws extended to; mining on Bering Sea; regulations—The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are hereby extended to [the District of] Alaska : Provided, That subject Only to such general limitations as may be necessary to exempt navigation from artificial obstructions all land and shoal water between low and mean high tide on the shores, bays, and inlets of Bering Sea, Within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals by citizens of the United States, Or persons who have legally declared their intentions to become such, under such reasonable rules and reg- ulations as the miners in Organized mining districts may have heretofore made or may hereafter make governing the temporary possession thereof for ex- ploration and mining purposes until Otherwise pro- vided by law : Provided further, That the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and no exclusive permit shall be granted by the Sec- retary Of War authorizing any person or persons, Cor- pOration. Or Company to excavate or mine under any Of Said Waters below low tide, and if Such exclu- sive permit has been granted it is hereby revoked and declared null and Void ; but citizens Of the Unit- ed States or persons Who have legally declared their intention to become such shall have the right to dredge and mine for gold Or Other precious metals in said waters, below low tide, Subject to such general rules and regulations as the Secretary Of War may Drescribe for the preservation Of Order and the pro- tection of the interests of Commerce; such rules and regulations shall not, however, deprive miners On the beach of the right hereby given to dump tailings into or pump from the Sea Opposite their claims, except Where such dumping would actually obstruct naviga- tion, and the reservation of a roadway sixty feet wide, under the tenth Section of the Act of May four- teenth, eighteen hundred and ninety-eight, entitled “An Act extending the homestead laws and providing for right of Way for railroads in the District of Alas- ka, and for other purposes,” shall not apply to mineral lands Or town sites. (June 6, 1900, c. 786, § 26, 31 Stat. 329.) Text in brackets superseded by §§ 3528–3544. Act May 14, 1898, c. 299, § 10, is $ 5091. § 5048. Mining rights of native-born citizens of Canada—That native-born citizens Of the Dominion Of Canada shall be accorded in said [District of Alaska the same mining rights and privileges accord- ed to Citizens of the United States in British Colum- bia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules, and reg- ulations; but no greater rights shall be thus ac- COrded than citizens of the United States or persons Who have declared their intention, to become such may enjoy in said [District of] Alaska; and the Secretary Of the Interior shall from time to time promulgate and enforce rules and regulations to carry this pro- #ºn into effect. (May 14, 1898, c. 299, § 13, 30 Stat. 5. Text in brackets superseded by §§ 3528–3544. § 5049. Recording notices of location—Notices Of location of mining claims shall be filed for rec- Ord Within ninety days from the date of the discovery Of the claim described in the notice, and all instru- ments shall be recorded in the recording district in which the property or subject-matter affected by the instrument is situated, and where the property or Subject-matter is not situated in any established re- COrding district the instrument affecting the same Shall be recorded in the Office Of the clerk of the division of the court having Supervision over the re- COrding division in which such property or subject- matter is situated. (June 6, 1900, c. 786, § 15, 31 Stat. 327.) - § 5050. Miners’ regulations for recording; re- corder; records legalized— ” * Miners in any Or- ganized mining district may make rules and regula- tions governing the recording of notices of location of mining claims, water rights, flumes and ditches, mill sites and affidavits of labor, not in conflict with this Act or the general laws of the United States; and nothing in this Act shall be construed so as to pre- Vent the miners in any regularly organized mining district not within any recording district established by the court from electing their own mining recorder to act as such until a recerder therefor is appointed by the court: Provided further, All records heretofore regularly made by the United States Commissioner at Dyea, Skagway, and the recorder at Douglas City, not in conflict with any records regularly made with the United States Commissioner at Juneau, are hereby legalized. And all records heretofore made in good faith in any regularly Organized mining district are hereby made public records, and the same shall be delivered to the recorder for the recording district in- cluding such mining district within six months from the passage of this act. (June 6, 1900, c. 786, § 16, 31 Stat. 328.) § 5051. Annual labor or improvements on mining claims—During each year and until patent has been issued therefor, at least One hundred dollars' Worth of labor shall be performed Or improvements made on, or for the benefit or development of, in ac- cordance with existing law, each mining claim in [the district of] Alaska heretofore or hereafter lo- cated. And the locator Or Owner Of Such claim Ol' Some other person having knowledge of the facts may also make and file with the said recorder of the dis- trict in which the claim's shall be situate an affidavit showing the performance of labor or making of im- provements to the amount of one hundred dollars as aforesaid and Specifying the character and eX- tent of Such work. Such affidavit shall set forth the following: First, the name or number of the min- ing claims and where situated ; second, the number of days work done and the character and Value of the improvements placed thereon; third, the date of the performance of such labor and of making improve- & 5051 (Tit. 32 THE PUBLIC LANDS [Page 762I ments; fourth, at whose instance the work was done Or the improvements made ; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the per- formance of such work or making of such improve- ments, but if such affidavits be not filed within the tinue fixed by this Act the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon fail- ure of the locator or Owner of any such claim to COm- ply with the provisions of this Act, as to perform- ance of work and improvements, such claim Shall become forfeited and Open to location by Others as if Ino location Of the same had ever been made. The affidavits required hereby may be made before any Officer authorized to administer Oaths, and the pro- visions of sections fifty-three hundred and ninety-two and fifty-three hundred and ninety-three Of the Re- vised Statutes are hereby extended to Such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed. (March 2, 1907, c. 2559, § 1, 34 Stat. 1243.) Text in brackets superseded by §§ 3528–3544. R. S. §§ 5392, 5393, see §§ 10295, 10296. § 5052. Same; fees for filing proofs of work and improvements—The recorders for the Several divisions or districts of Alaska Shall Collect the Sum. of one dollar and fifty cents as a fee for the filing, recording, and indexing said annual proofs of Work and improvements for each claim so recorded. (March 2, 1907, c. 2559, § 2, 34 Stat. 1243.) & § 5053. Time for filing adverse claims, and for adverse suits—In the [district] Of Alaska adverse claims authorized and provided for in sections tWen- ty-three hundred and twenty-five and twenty-three hundred and twenty-six, United States Revised Stat- utes, may be filed at any time during the sixty dayS period of publication or within eight months there- after, and the adverse suits authorized and provided for in section twenty-three hundred and twenty-six, United States Revised Statutes, may be instituted at any time within sixty days after the filing of said claims in the local land office. (June 7, 1910, c. 265, 36. Stat. 459.) Text in brackets superseded by §§ 3528–3544. 2325, 2326, are $$ 4622, 4623. * § 5054. Association placer-mining claims lim- ited; annual assessment work—No association plac- er-Illining claim shall hereafter be located in Alaska in excess Of forty acres, and on every placer-mining Claim hereafter located in Alaska, and until a patent has been issued therefor, not less than one hundred dollars' WOrth of labor shall be performed Or im- proVements made during each year, including the year Of location, for each and every twenty acres or excess fraction thereof. (Aug. 1, 1912, c. 269, § 1, 37 Stat. 242.) § 5055. Power of attorney to locate placer- milling claim; restrictions—No person shall here- after locate any placer-mining claim in Alaska as attorney for another unless he is duly authorized thereto by a power of attorney in writing, duly ac- knowledged and recorded in any recorder’s Office in the judicial division where the location is made. Any person SO. authorized may locate placer-mining claims for not more than two individuals or One association under such power of attorney, but no such agent or attorney shall be authorized Or permitted to locate more than two placer-mining claims for any one principal Or association during any calendar month, R. S. §§ and no placer-mining claim shall hereafter be located." in Alaska except under the limitations of this Act. (Aug. 1, 1912, c. 269, § 2, 37 Stat. 243.) § 5056. Restrictions on locations by owners— No person shall hereafter locate, cause or procure to be 10Cated, for himself more than two placer-Imin- ing claims in any calendar month : Provided, That One or both of such locations may be included in an association claim. (Aug. 1, 1912, c. 269, $ 3, 37 Stat. 243.) § 5057. Area and shape of placer-mining claims—No placer-mining claim hereafter located in Alaska shall be patented which shall contain a great- er area than is fixed by law, nor which is longer tha three times its greatest width. (Aug. 1, 1912, c. 269, § 4, 37 Stat. 243.) g § 5958. Piacer-mining claians located in vio- Hation of law—Any placer-mining claim attempted to be located in violation of this Act shall be null and void, and the whole area thereof may be located by any qualified locator as if no such prior attempt had been made. (Aug. 1, 1912, c. 269, § 5, 37 Stat. 243.) § 5059. Miner’s labor lien on output; priority —Every miner or other laborer who shall labor, in or upon any mine or mining ground for another in the Territory of Alaska in digging, thawing, conveying, hoisting, piling, cleaning up, or any other kind of Work in producing any mineral-bearing sands, gray- els, earth, or rock, gold or gold dust, or other miner- als, or shall aid or assist therein by his labor as COOk, engineer, fireman, or in cutting and delivering Wood used in said work, or in work in any like capacity in producing the , dump, shall, where his labor di- rectly aided in such production, have a lien upon the dump Or mass of mineral-bearing Sands, gravels, earth, Or rocks, and all gold and gold dust, or other minerals therein, and all gold and gold dust extracted there- from, for the full amount of wages for all the time Which he was so employed as such laborer in produc- ing the said dump, within one year next preceding his ceasing to labor thereon ; and to the extent of the labor Of the said miner or other laborer actually em- ployed or expended thereon, within One year next prior to ceasing to labor thereon, the said lien shall be prior to and preferred Over any deed, mortgage, Dill of sale, attachment, conveyance, or other claim, wheth- er the same was made or given prior to such labor or not: Provided, That this preference shall not ap- ply to any such deed, mortgage, bill of sale, attach- ment, Conveyance, or Other claim given in good faith. and for value prior to the approval of this Act. (June 25, 1910, c. 422, § 1, 36 Stat. 848.) § 5060. Same; claim; filing; form—Every lar borer, within ninety days after the completion of the performance of the work or labor mentioned in the foregoing section who shall claim the benefit there- of, must, personally or by some other person for him, file for record in the recording precinct where the labor was performed a claim of lien containing a statement of his demand under oath, substantial- ly in the following form: Notice Of Laborer’s Lien. Territory of Alaska, precinct, SS.: , Claimant, against , de- fendant. Notice is hereby given that , claimant, Claims a lien upon (describing the dump or mass of mineral-bearing Sands, gravels, earth, Or rock, and its location with reasonable certainty) in the precinct, in the Territory of Alaska, for labor per- formed in (digging, and SO forth; describe the Work). That the name of the Owner or reputed Owner Of Said property is , and that is the OWner Or reputed owner of the mine or mining ground from which the dump Or mass of mineral- bearing Sands, gravels, earth or rock and the minerals therein were extracted, and that €I]]- ployed claimant to perform such work and labor upon the following terms and conditions (state sub- stance of contract, if any, or reasonable Value); that said contract has been faithfully performed and fully complied with on the part of the claimant, who performed labor thereunder aforesaid for the period Of days; that said labor was performed be- tween the day Of and the day &m- Üh. 10K) TEIE PUBLIC LANDS § 5067 [Page 763] * Of , and the rendition of said service was clos- ed. On the day of , and ninety days have not elapsed since that time; that the amount of claimant’s demand for said service is ; that no part thereof has been paid (except the sum of * dollars), and there is now due and remaining unpaid thereon, after deducting all just credits and Offsets, the sum of dollars, in which amount he Claims a lien upon said property. - Claimant. Territory of Alaska, precinct, ss.: , being first duly SWOrn, On Oath de- poses and says, that I am the claimant (Or if by Some other person state the fact) named in the fore- going claim; that I have heard the same read, know the contents thereof, and believe the same to be true. Subscribed and sworn to before me this day of [Officer’s title.] (June 25, 1910, c. 422, § 2, 36 Stat. 848.) § 5061. Same; recording claim—The recorder must record every claim filed under the provisions Of this Act in books kept by him for that purposé, which record must be indexed as deeds and Other Conveyances are required by law to be indexed and for which he may receive the following fees and none other: For filing, ten cents; for recording, one (lollar; for indexing, fifteen cents for each name. (June 25, 1910, c. 422, § 3, 36 Stat. 849.) § 5062. Same; limitation if no action com- menced—No lien provided for in this Act shall bind any property for a longer period than ninety days after the claim has been filed, unless an action be Commenced within that time to enforce the same. (June 25, 1910, c. 422, § 4, 36 Stat. 849.) § 5063. Same; foreclosure; jurisdiction of justices—The action for the foreclosure of the lien provided for in this Act shall be begun either in the district court or in the justice’s court in the precinct Where the lien was filed and the justices Of the peace in Alaska are hereby given full jurisdiction in the foreclosure of Such liens under the provisions Of this Act, and shall also have such other jurisdic- tion and power as is now Conferred On them by law in aid of the enforcement of this Act, and the provisions of section seven hundred and twenty-three Of Chapter seventy-One of the Code of Civil Procedure now in force in Alaska shall be applicable to the jurisdiction intended to be conferred by this Act. (June 25, 1910, c. 422, § 5, 36 Stat. 849.) § 5064. Same; foreclosure; dismissal of ac- tion; amendment—No mistake, informality, or mere matter of form or lack of statement, either in the lien notice or pleadings, shall be ground for dismissal Or unnecessary delay in the action to foreclose the lien, but the lien notice and pleadings may be amend- ed at any time before judgment, and section ninety- tWO Of Chapter eleven of the Code of Civil Procedure InOW in force in Alaska shall apply to such amend- ments: Provided, That if it be shown that a mate- rial Statement or averment has been omitted or mis- Stated, it shall be ground for a reasonable delay or Continuance to give the defendant a reasonable op- portunity to meet it upon amendment. (June 25, 1910, c. 422, § 6, 36 Stat. 849.) § 5965. Same; foreclosure; statement of ease; summons; adverse claims—The claimant may file the Original Or a certified copy of the notice of lien in the district or justice’s Court as the statement of his Case, and thereupon the court or justice shall issue the usual summons directed to the defendant Or de- fendants, which summons, together with a copy of the lien notice, shall, by any officer authorized to Serve process, be served upon the defendant Or de- fendants, as provided in sections nine hundred and fifty and nine hundred and fifty-one of chapter ninety- tWO Of the Code of Civil Procedure now in force in Alaska. The summons shall require the defendant or defendants to appear before such court or justice at a time and a place to be named therein, not less than six nor more than twenty days from the date thereof, to answer the demand Of the Claimant in the said lien notice, or judgment for Want of an an- swer will be taken against them. Service by publi- cation may be had pursuant to sections forty-seven and forty-eight of chapter four of said Code of Civil Procedure. The officer Serving the summons shall also immediately post a copy of said lien notice in a Conspicuous place on the dump Or mass of mineral- bearing sands, gravels, earth, or rock, and gold and gold dust, and Other minerals therein upon which the lien is filed, and from the moment of posting the lien notice the dump Or mass of mineral-bearing Sands, gravels, earth, and rock, and gold and gold dust, and other minerals therein shall be in the Custody and under the control Of the Officer. All per- sons who claim any interest therein in Opposition to the lien Claimant may come in and answer and set up and defend their said claims, but no Claim Or claims of any owner, lessee, or other adverse defend- ant shall bar the lien claimant from recovering the sum due him for actual labor in producing the said dump Or mass of mineral-bearing sands, gravels, earth, or rock, or gold and gold dust, or other minerals. (June 25, 1910, c. 422, § 7, 36-Stat. 850.) § 5066. Same; foreclosure; joinder of claim- ants; consolidation of actions; costs; waiver of lien void—Any number of persons claiming liens un- der this Act may join in the same action, and when separate actions are commenced the court may con- Solidate them. The court shall, also allow, as a part of the costs, the moneys paid for filing, record- ing, and indexing the notice of lien, the sum of five dollars for drawing the same, and a reasonable at- torney’s fee for each person claiming a lien, not to exceed ten per centum of the amount of the lien es- tablished. On judgment. Any Contract Or agreement Or any waiver of any kind made Or signed by any minor or laborer whereby it is sought to waive or abandon his right to file a lien under this Act, or any agreement for an extended time of payment whereby the same end is sought, shall to that extent be null and void as against public policy. (June 25, 1910, c. 422, § 8, 36 Stat. 850.) § 5067. Same; foreclosure; judgment; sale; extraction of gold by marshal or defendant; proceeds—In Such action judgment must be render- ed in favor of each person having a laborer’s lien for the amount due him, and the Court shall Order the dump or mass of mineral-bearing Sands, gravels, earth, or rock, and the gold and gold dust, and oth- er minerals therein subject to the lien to be Sold by the marshal in the same manner that perSOnal property is sold on execution; or the court may, up- On a showing that it is necessary to do so to pre- serve the property from loss or waste, by order re- quire the marshal to wash up or extract the gold and gold dust or other mineral from the said mineral- bearing sands, gravels, earth, or rock; or the Court may, by order, allow the defendant or defendants or any party interested to wash up and extract the said mineral, in the presence Of the marshal Or deputy marshal Or special Officer, who shall take the gold or gold dust or other minerals as it is washed up and extracted and return the same into COUIrt, and it shall be immediately paid out as follows: First, the Cost of cleaning up or extracting the gold Or gold dust or other minerals shall be paid; Second, the court costs shall be paid; and, third, the judgment or judgments so rendered in favor of the lien claim- ants shall be paid; and if there is not sufficient gold or gold dust, or other minerals, or sufficient moneys Obtained from the sale of the property to pay all claims in full, the Court shall apportion the proceeds to the payment of such judgments pro rata: Provided, That no part Of any such proceeds shall be paid upon any claim or judgment to any person who did not 3 5068 (Tit. 32 THE PUBLIC LANDS [Page 764] actually perform labor in producing the dump or the proceeds thereof until all such preferred claims are paid in full. (June 25, 1910, c. 422, § 9, 36 Stat. 850.) § 5068. Same; foreclosure; appeal from jus- tice–An appeal may be taken from a final judgment of a justice of the peace in actions instituted under this Act to the district court, in the manner provided in Chapter ninety-seven of the Code of Civil Pro- Cedure now in force in Alaska, and upon such appeal being perfected the dump or mass of mineral-bearing Sands, gravels, earth and rock, gold and gold dust, or other minerals shall be washed up by the marshal Or any party mentioned in section nine of this Act as the district court may direct, and all the gold Or gold dust Or Other mineral SO washed up shall be paid into the registry of the district court there to await the final judgment on appeal: Provided, That the gold Or gold dust Or Other mineral in excess Of the amount Of the judgment, including an additional amount equal to the probable accruing costs on ap- peal and tWO years’ interest at the legal rate, shall after the expiration of ninety days from the time it was paid into the registry Of the district Court, be released to the owners upon a showing that no liens have been filed against it. The defendant or de- fendants, Or any One or more of them, may deposit Cash in lieu of the gold or gold dust on the dump, which shall remain in the custody of the law until the final judgment, and shall then be applied in pay- ment of the judgment or judgments rendered on each lien claims, and costs, and interest. (June 25, 1910, c. 422, § 10, 36 Stat. 851.) § 5069. Same; persons doing certain acts with notice of lien liable for judgment and costs; larceny—Any person Or persons who shall, aft- er the copy of the notice of lien is posted upon any dump Or mass of mineral-bearing sands, gravels, earth Or rock, gold and gold dust, or other mineral, as pro- vided in this Act, and with knowledge of such no- tice of lien, buy, purchase, wash up, remove, destroy, or carry away all or any part or portion of the same, Or the gold Or gold dust therein, or who shall render it difficult, uncertain, or impossible to identify the gold Or gold dust Or other mineral obtained therefrom, shall be liable to the lien holder for the full amount Of his judgment and Costs; and any person who shall take and carry away all or any part or portion of Said dump of mineral-bearing sands, gravels, earth Or rock, Or the gold Or gold dust or other minerals therefrom, after the same shall come into the Cus- tody of the Officer, shall be guilty of a crime and shall be punished as for the larceny of a like amount; and any district attorney in Alaska is specially re- quired to immediately cause a warrant to be issued for the arrest of any such person or persons and to prosecute them according to law. (June 25, 1910, c. 422, § 11, 36 Stat. 851.) ... - - § 5070. Coal-lands; laws extended to–So much Of the public land laws of the United States are here- by extended to [the district of] Alaska as relate to Coal lands, namely, sections twenty-three hundred and forty-seven to twenty-three hundred and fifty-two, in- clusive, of the Revised Statutes. 31 Stat. 658.) . Text in brackets superseded by §§ 3528-3544. R. S . S. §§ 2347-2352, are $$ 4658-4664. See, also, §§ 5071-5074, 5078a– 5078r. § 5071. Same; location of lands on which coal mine has been opened or improved—Any per- Son or association of perSons qualified to make entry under the Coal-land laws of the United States, Who shall have Opened or improved a coal mine Or Coal Imines on any of the unsurveyed public lands of the United States in [the district of] Alaska, may locate the lands upon which such mine or mines are situated, in rectangular tracts containing forty, eighty, or One hundred and sixty acres, with north and South bound- ary lines run according to the true meridian, by mark- ing the four corners thereof with permanent monu- ments, so that the boundaries thereof may be readily (June 6, 1900, c. 796, and easily traced. And all such locators shall, within One year from the passage of this Act, or within One year from making such location, file for record in the recording district, and with the register and receiver Of the land district in which the lands are located Or situated, a notice containing the name or names of the locator or locators, the date of the location, the de- SCription of the lands located, and a reference to such natural Objects or permanent monuments as will readily identify the same. (April 28, 1904, c. 1772, § 1, 33 Stat. 525.) & Text in brackets superseded by §§ 3528–3544. 5078a–5078r. - § 5072. Same; patents; shores of navigable waters—Such locator or locators, or their assigns, who are citizens Of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so located are situated an application there- for, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy Surveyor or a United States mineral surveyor duly approved by the surveyor-general for [the district of] Alaska, and a payment of the sum of ten dollars per acre for the lands applied for ; , but no such application shall be allowed until after the applicant has caused a notice Of the presentation thereof, embracing a description of the lands, to have been published in a newspaper in [the district of] Alaska published nearest the location of the premises for a period of sixty days, and shall have caused copies of such notice, together with a certified copy of the official plat or survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws: Provided, That nothing herein contained shall be SO COnstrued as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district. (April 28, 1904, c. 1772, § 2, 33 Stat. 525.) - - - Text in brackets superseded by §§ 3528–3544. - § 5073. Same; adverse claims—During such pe- riod of posting and publication, or within six months thereafter, any person or association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be pur- chased shall file in the land office where such applica- tion is pending, under oath, an adverse claim, Setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing Of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within [the district of Alaska, and thereafter no patent shall issue for Such claim until the final adjudication of the rights Of the parties, and such patent shall then be issued in Con- formity with the final decree of such court therein. (April 28, 1904, c. 1772, § 3, 33 Stat. 525.) Text in brackets superseded by §§ 3528–3544. • § 5074. Same; existing provisions continued in force—All the provisions of the coal-land laws of the United States not in conflict with the provisions of this Act shall continue and be in full force in [the district of] Alaska. (April 28, 1904, c. 1772, § 4, 33 Stat. 526.) - - Text in brackets superseded by §§ 3528–3544. § 5075. Same; consolidation of claims or lo- cations; associations or corporations—All perSOnS, their heirs or assigns, who have in good faith perSOn- ally or by an attorney in fact made locations of Coal land in the Territory of Alaska in their own interest, prior to November twelfth, nineteen hundred and six, or in accordance with circular of instructions is- sued by the Secretary of the Interior May sixteenth, nineteen hundred and seven, may consolidate their said claims or locations by including in a single Claim, location, or purchase not to exceed two thousand five See §§ Ch. 10K) 3 5078d THE PUBLIC LANDS [Page 7651 hundred and Sixty acres of contiguous lands, not ex- ceeding in length twice the width of the tract thus consolidated and for this purpose such persons, their heirs or assigns, may form associations or corpora- tions who may perfect entry of and acquire title to such lands in accordance, with the Other provisions of law under which said locations were originally made: Provided, That no corporation shall be permitted to COnSolidate its Claims under this Act unless seventy- five per centum of its stock shall be held by persons qualified to enter coal lands in Alaska. (May 28, 1908, c. 211, § 1, 35 Stat. 424.) § 5076. Same; reservation of preference right to purchase product of mine for Army and Navy —The United States shall, at all times, have the pref- erence right to purchase so much of the product of any mine or mines Opened upon the lands sold under .. the provisions of this Act as may be necessary for the use Of the Army and Navy, and at such reason- able and remunerative price as may be fixed by the President; but the producers of any coal so purchas- ed who may be dissatisfied with the price thus fixed Shall have the right to prosecute suits against the United States in the Court of Claims for the recovery Of any additional sum or sums they may claim as justly due upon such purchase. (May 28, 1908, c. 211, § 2, 35 Stat. 424.) - - $ 5077. - Same; forfeiture of Iands or deposits purchased on account of unlawful trust, re- straint of trade, or holding in excess of amount limited—ff any of the lands or deposits purchased under the provisions of this Act shall be owned, leas- ed, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, Or in any manner whatsoever so that they form part Of, or in any way effect any combination, or are in anywise controlled by any combination in the form of an unlawful trust, or form the subject of any con- tract or conspiracy in restraint of trade in the mining or selling of coal, or of "any holding of such lands by any individual, partnership, association, corporation, mortgage, stock ownership, or control, in excess of tWO thousand five hundred and Sixty acres in the dis- trict of Alaska, the title thereto shall be forfeited to the United States by proceedings instituted by the At- torney-General of the United States in the Courts for that purpose. (May 28, 1908, c. 211, § 3, 35 Stat. 424.) § 5078. Same; patents to recite terms and conditions—Every patent issued under this Act shall expressly recite the terms and Conditions prescribed in Sections two and three hereof. (May 28, 1908, c. 211, § 4, 35 Stat. 424.) See §§ 5076, 5077. § 5078a. Same; surveys of lands—That the Secretary of the Interior be, and hereby is, authorized and directed to Survey the lands of the United States in the Territory of Alaska known to be valuable for their deposits of coal, preference to be given first in favor of Surveying lands within those areas Commonly known as the Bering River, Matanuska, and Nenana coal fields, and thereafter to such areas or coal fields as lie tributary to established settlements or existing or proposed rail or water transportation lines: Pro- vided, That such surveys shall be executed in accord- ance with existing laws and rules and regulations gov- erning the survey of public lands. There is hereby appropriated, Out of any money in the Treasury not otherwise appropriated, the sum of $100,000 for the purpose of making the Surveys herein provided for, to Continue available until expended: Provided, That any Surveys heretofore made under the authority or by the approval Of the Department of the Interior may be adopted and used for the purposes of this Act. (Oct. 20, 1914, c. 330, § 1, 38 Stat. 741.) - § 50.78%. Same; reservation of certain limited areas; mining therein—The President of the Unit- ed States shall designate and reserve from use, loca- tion, Sale, lease, or disposition not exceeding five thou- Sand One hundred and twenty acres of coal-bearing land in the Bering River field and not exceeding seven thousand Six hundred and eighty acres of coal-bearing land in the Matanuska field, and not to exceed one- half of the other coal lands in Alaska: Provided, That the coal deposits in such reserved areas may be mined under the direction of the President when, in his opinion, the mining of Such coal in Such reserved areas, under the direction of the President, becomes necessary, by reason of an insufficient supply of coal at a reasonable price for the requirements of Gov- ernment works, construction and Operation. Of Govern- ment railroads, for the Navy, for national protection, or for relief from monopoly or Oppressive Conditions. (Oct. 20, 1914, c. 330, § 2, 38 Stat. 742.) § 5078c. Same; division of unreserved lands into leasing blocks or tracts; leases; pending claims—The unreserved coal lands and coal deposits shall be divided by the Secretary of the Interior into leasing blocks or tracts of forty acres each, or multi- ples thereof, and in such form as in the Opinion Of the Secretary will permit the most economical mining of the coal in such blocks, but in no case exceeding two thousand five hundred and sixty acres in any One leasing block or tract; and thereafter, the Secretary shall offer such blocks or tracts and the Coal, lignite, and associated minerals therein for leasing, and may award leases thereof through advertisement, Competi- tive bidding, or such other methods as he may by gen- eral regulations adopt, to any person above the age of twenty-one years who is a citizen of the United States, or to any association of Such persons, Or to any corporation or municipality organized under the laws of the United States or of any State or Territory thereof: Provided, That a majority of the stock of such corporation shall at all times be owned and held by citizens of the United States: And provided fur- ther, That no railroad or common carrier shall be per- mitted to take or acquire through lease or permit un- der this Act any coal or coal lands in excess Of Such area or quantity as may be required and used Solely for its own use, and such limitation of use shall be expressed in all leases or permits issued to railroads or common carriers hereunder: And provided fur- ther, That any person, association, or Corporation Qualified to become a lessee under this Act and Own- ing any pending claim under the public-land laws to any coal lands in Alaska may, within One year from . the passage of this Act, enter into an arrangement with the Secretary Of the Interior by which such claim shall be fully relinquished to the United States; and if in the judgment of the Secretary of the Inte- rior, the circumstances connected with such claim justify so doing, the moneys paid by the Claimant Or claimants to the United States on a CCOunt Of Such claim shall, by direction of the Secretary of the In- terior, be returned and paid Over to Such perSOIn, as- sociation, or corporation as a consideration for Such relinquishment. ** All &laims of existing rights to any of . Such lands in which final proof has been Submitted and which are now pending before the Commissioner of the Gen- eral Land Office Or the Secretary of the Interior for decision shall be adjudicated within One year from the passage of this Act. (Oct. 20, 1914, c. 330, § 3, 38 Stat. 742.) § 5078d. Same; leases; further or new lease of additional lands—A perSon, association, Or COT- poration holding a lease of coal lands under this act may, with the approval of the Secretary of the In- terior and through the same procedure and upon the same terms and conditions as in the case of an Origi- nal lease under this Act, secure a further or new lease covering additional lands contiguous to those embraced in the original lease, but in no event shall the total area embraced in Such Original and new leases exceed in the aggregate two thousand five hun- dred and Sixty acres. Upon satisfactory showing by any lessee to the Secretary Of the Interior that all Of the Workable 3 50786 (Tit. 32 THE PUBLIC LANDS IPage 766] deposits of coal within a tract covered by his or its lease will be exhausted, worked out, or removed with- in three years thereafter, the Secretary of the Interior lmay, Within his discretion, lease to Such lessee an additional tract of land or coal deposits, which, in- cluding the coal area remaining in the original lease, Shall not exceed two thousand five hundred and sixty acres, through the same procedure and under the Same Competitive conditions as in case of an Original lease. (Oct. 20, 1914, c. 330, § 4, 38 Stat. 742.) § 50782. Same; leases; consolidation—Subject to the approval of the Secretary of the Interior, les- Sees holding under leases Small blocks Or areas may consolidate their said leases or holdings so as to in- clude in a single holding not to exceed two thousand five hundred and sixty acres of contiguous lands. (Oct. 20, 1914, c. 330, § 5, 38 Stat. 743.) § 5078f. Same; Peases; limitations—Each lease shall be for such leasing block or tract of land as may be offered or applied for, not exceeding in area two thousand five hundred and sixty acres of land, to be described by the subdivisions of the Sur- vey, and no person, association, or corporation, ex- cept as hereinafter provided, shall be permitted to take or hold any interest as a stockholder or other- wise in more than one such lease under this Act, and any interest held in violation of this proviso shall be forfeited to the United States by appropriate proceed- ings instituted by the Attorney General for that pur- pose in any court of competent jurisdiction, except that any such ownership and interest hereby forbid- den which may be acquired by descent, will, judgment, Or decree may be held for two years, and not longer, after its acquisition. (Oct. 20, 1914, c. 330, § 6, 38 Stat. 743.) - § 5078g. Same; leases; offenses—Any person who shall purchase, acquire, or hold any interest in two or more such leases, except as herein provided, or who shall knowingly purchase, acquire, Or hold any stock in a corporation having an interest in two or more such leases, or who shall knowingly sell Or transfer to One disqualified to purchase, or except as in this Act specifically provided, disqualified to a C- Quire, any such interest, shall be deemed guilty of a felony, and upon conviction shall be punished by im- prisonment for not more than three years and by a fine not exceeding $1,000: Provided, That any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held two years after its acquisition and not longer, and in case of minority or other disability such time as the court may decree. (Oct. 20, 1914, c. 330, § 7, 38 Stat. 743.) § 5078 h. Same; leases; offenses; felony; punishment—Any director, trustee, Officer, Or agent of any corporation holding any interest in such a lease who shall, on behalf of, such corporation, act in the purchase of any interest in another lease, or who shall knowingly act on behalf of such corporation in the sale or transfer of any such interest in any lease held by such corporation to any corporation or individual holding any interest in any such a lease, except as herein provided, shall be guilty of a felony and shall be subject to imprisonment for a term of not exceed- ing three years and a fine of not exceeding $1,000. (Oct. 20, 1914, c. 330, § 8, 38 Stat. 743.) § 5078i. Same; leases; forfeiture—If any of the lands or deposits leased under the provisions of this Act shall be subleased, trusteed, possessed, Or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner what- soever, so that they form part of or are in anywise controlled by any COmbination in the form of an un- lawful trust, with consent of lessee, or form the sub- ject of any contract or conspiracy in restraint of trade in the mining or selling of coal, entered into by the lessee, or of any holding of such lands by any in- dividual, partnership, association, corporation, or con- trol, in excess of two thousand five hundred and sixty acres in the Territory of Alaska, the lease thereof Shall be forfeited by appropriate court proceedings. (Oct. 20, 1914, c. 330, § 8a, 38 Stat. 743.) g § 5078.j. Same; leases; royalties and rentals —For the privilege of mining and extracting and dis- posing Of the coal in the lands covered by his lease the lessee shall pay to the United States such roy- alties as may be specified in the lease, which shall not be less than two cents per ton, due and payable at the end of each month succeeding that of the ship- ment Of the Coal from the mine, and an annual rental, payable at the beginning of each year, on the lands Covered by such lease, at the rate of twenty-five cents per acre for the first year thereafter, fifty cents per acre for the second, third, fourth, and fifth years, and $1 per acre for each and every year thereafter during the COntinuance of the lease, except that Such rental for any year shall be credited against the royalties as they accrue for that year. Leases may be for periods of not more than fifty years each, subject to renewal, on such terms and conditions as may be au- thorized by law at the time of Such renewal. All net profits from operation of Government mines, and all royalties and rentals under leases as herein provided, shall be deposited in the Treasury of the United States in a separate and distinct fund to be applied to the reimbursement of the Government of the Unit- ed States on account of any expenditures made in the Construction of railroads in Alaska, and the excess Shall be deposited in the fund known as The Alaska. Fund, established by the Act of Congress of January twenty-seventh, nineteen hundred and five, to be ex- pended as provided in said last-mentioned Act. (Oct. 20, 1914, c. 330, § 9, 38 Stat. 744.) § 5078]x. Same; coal for local and dofmestic needs—In Order to provide for the supply of strictly local and domestic needs for fuel the Secretary of the Interior may, under such rules and regulations as he may prescribe in advance, issue to any applicant Qual- ified under section three of this Act a limited license or permit granting the right to prospect for, mine, and dispose of coal belonging to the United States on specified tracts not to exceed ten acres to any One per- son or association of persons in any one coal field for a period of not exceeding ten years, on such con- ditions not inconsistent with this Act as in his Opin- ion will safeguard the public interest, without pay- ment of royalty for the coal mined or for the land occupied: Provided, That the acquisition of holding of a lease under the preceding sections of this Act shall be no bar to the acquisition, holding, or Operat- ing under the limited license in this section permitted. And the holding of such a license shall be no bar to the acquisition or holding of such a lease or interest therein. (Oct. 20, 1914, c. 330, § 10, 38 Stat. 744.) § 50.781. Same; reservation required, in lease, entry, location, occupation or use permit- ted—Any lease, centry, location, occupation, Or use permitted under this Act shall reserve to the Govern- ment of the United States the right to grant or use such easements in, over, through, or upon the land leased, entered, located, OCCupied, or used as may be necessary or appropriate to the working of the same or other Coal lands by or under authority Of the Government and for other purposes: Provided, That said Secretary, in his discretion, in making any lease under this Act, may reserve to the United States the right to lease, sell, or otherwise dispose of the Sur- face Of the lands embraced Within Such lease under existing law or laws hereafter enacted in so far as said Surface is not necessary for use by the lessee in extracting and removing the deposits of Coal therein. If such reservation is made, it shall be SO determined before the offering of Such lease. The såid Secretary during the life of the lease is authorized to issue such permits for easements here- in provided to be reserved, and to permit the use of Such other public lands in the Territory of Alaska as may be necessary for the construction and mainte Ch. 10K) 3 5081 THE PUBLIC LANDS [Page 767] nance Of coal washeries or other WOrks incident to the mining or treatment of coal, which lands may be occupied and used jointly or severally by lessees or permittees, as may be determined by Said Secretary. (Oct. 20, 1914, c. 330, § 11, 38 Stat. 744.) § 50.78m. Same; leases; assignment or sub- letting—No lease issued under authority of this Act shall be assigned or sublet except with the Consent of the Secretary of the Interior. Each lease shall Contain provisions for the purpose of insuring the exercise of reasonable diligence, skill, and care in the Operation of said property, and for the safety and welfare of the miners and for the prevention of un- due waste, including a restriction of the work-day to not exceeding eight hours in any one day for under- ground workers except in cases of emergency; proVi- sions securing the workers complete freedom of pur- chase, requiring the payment of wages at least twice a month in lawful money of the United States, and providing proper rules and regulations to secure fair and just weighing or measurement of the coal mined by each miner, and such other provisions as are need- ed for the protection of the interests of the United States, for the prevention of monopoly, and for the safeguarding of the public welfare. (Oct. 20, 1914, c. 330, § 12, 38 Stat. 744.) § 50.78m. Same; leases; possession of lessee as possession of United States—The possession. Of any lessee of the land or coal deposits leased under this act for all purposes involving adverse claims to the leased property shall be deemed the possession of the United States, and for such purposes the les- see shall occupy the same relation to the property leased as if operated directly by the United States. (Oct. 20, 1914, c. 330, § 13, 38 Stat. 745.) § 50780. Same; leases; forfeiture and can- cellation—Any such lease may be forfeited and Can- celed by appropriate proceeding in a Court of Compe- tent jurisdiction whenever the lessee fails to comply with any provision of the lease or of general regula- tions promulgated under this Act ; and the lease may provide for the enforcement of other appropriate rem- edies for breach of specified conditions thereof. (Oct. 20, 1914, c. 330, § 14, 38 Stat. 745.) § 5078p. Same; Iands withdrawn from entry or sale; disposal of ; pending claims—On and after the approval of this Act no lands in Alaska Con- taining deposits of coal withdrawn from entry or sale shall be disposed of or acquired in any manner except as provided in this Act: Provided, That the passage of this Act shall not affect any proceeding now pend- ing in the Department of the Interior, and any such proceeding may be Carried to a final determination in said department notwithstanding the passage hereof: Provided further, That no lease shall be made, under the provisions hereof, of any land, a claim for which is pending in the Department of the Interior at the date of the passage of this Act, until and unless such claim is finally disposed of by the department ad- versely to the claimant. (Oct. 20, 1914, c. 330, § 15, 38 Stat. 745.) § 50784. Same; statements, representations and reports—All Statements, representations, or re- ports required, unless otherwise specified, by the Sec- retary Of the Interior under this Act shall be upon Oath and in Such form and upon Such blanks as the Secretary of the Interior may require, and any per- Son making false Oath, representation, or report shall be subject to punishment as for perjury. (Oct. 20, 1914, c. 330, § 16, 38 Stat. 745.) § 5078r. Same; rules and regulations—The Secretary of the Interior is authorized to prescribe the necessary and proper rules and regulations and to do any and all things necessary to carry out and accomplish the purposes of this Act. (Oct. 20, 1914, c. 330, § 17, 38 Stat. 745.) - § 5079. Entries by trustees under town-site laws; surveys—Until otherwise ordered by Congress land at two dollars and fifty cents per acre: lands in Alaska may be entered for town-site purpos- eS, for the several use and benefit of the occupants of Such town sites, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, Such entries to be made under the provi- Sions of Section twenty-three hundred and eighty- Seven Of the Revised Statutes as near as may be ; and when Such entries shall have been made the Sec- retary of the Interior shall provide by regulation for the proper execution of the trust in favor of the in- habitants of the town site, including the Survey of the land into lots, according to the spirit and intent of Said Section twenty-three hundred and eighty-seven Of the Revised Statutes, whereby the same results Would be reached as though the entry had been made by a COunty judge and the disposal of the lots in such town site and the proceeds Of the sale thereof had been prescribed by the legislative authority of a State Or Territory: Provided, That no more than six hun- dred and forty acres shall be embraced in one town- site entry. (March 3, 1891, c. 561, § 11, 26 Stat. 1099.) R. S. § 2387, is § 4791. § 5080. Purchases for trade or manufacture; adverse claimants—Any citizen of the United States tWenty-One years of age, and any association of such Citizens, and any corporation incorporated under the laws of the United States, or of any State or Terri- tory of the United States now authorized by law to hold lands in the Territories now or hereafter in pos- Session of and Qccupying public lands in Alaska for the purpose of trade or manufactures, may purchase not exceeding One hundred and sixty acres to be tak- en as near as practicable in a square form, of such Provid- ed., That in case more than one person, association or Corporation shall claim the same tract of land the per- SOn, association or corporation having the prior claim by reason of possession and continued occupation shall be entitled to purchase the same; but the entry of no perSon, association, or corporation shall include improvements made by or in possession of another prior to the passage of this act. (March 3, 1891, c. Ö61, § 12, 26 Stat. 1100.) § 5081. Surveys; deposits; making and ap- proval—It shall be the duty of any person, associa- tion or Córporation entitled to purchase land under this act to make an application to the [United States marshal, ex Officio] Surveyor-general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, association, or corpo- ration, and the cost of the clerical work necessary to be done in the Office Of the said [United States mar- Shal, ex Officio] surveyor-general; and on the receipt Of Such estimate from the [United States marshal, ex Officio] surveyor general, the said person, association, Ol' COrpOration shall deposit the amount in a United States depository, as is required by section number- ed twenty-four hundred and one, Revised Statutes, relating to deposits for Surveys. That on the receipt by the [United States marshal, ex-Officiol surveyor-general, of the said certificates of deposit, he shall employ a COmpetent person to make Such Survey, under Such rules and regulations as may be adopted by the Secretary of the Interior, who shall make his return of his field notes and maps to the Office Of the said [United States inarshal, ex Officio) Surveyor-general; and the said [United States mar- shal, ex officio) surveyor-general, shall cause the said field notes and plats of such survey to be examined, and, if correct, approve the same, and Shall transmit Certified copies Of Such maps and plats to the Office of the Commissioner of the General Land Office. That when the said field notes and plats of said Sur- vey shall have been approved by the said Commission- er of the General Land Office, he shall notify Such person, association, or corporation, who shall then, . within six months after such notice, pay to the said [United States marshal, ex officiol Surveyor-general, 3 5081 (Tit. 32 THE PUBLIC LANDS IPage 768] for such land, and patent shall issue for the same. (March 3, 1891, c. 561, § 13, 26 Stat. 1100.) Text in brackets superseded. See § 4438. § 5082. Lands and rights reserved—None of the provisions of the last two preceding sections of this act shall be SO Construed as to Warrant the Sale Of any lands belonging to the United States which shall con- tain Coal or the precious metals, or any town site, or which shall be occupied by the United States for public purposes, or which shall be reserved for Such purposes, Or to which the natives Of Alaska have pri- or rights by virtue of actual occupation, or which shall be selected by the United States Commissioner of Fish and Fisheries on the island of Kadiak and Afog- nak for the purpose Of establishing fish-Culture sta- tions. And all tracts Of land not exceeding six hun- dred and forty acres in any one tract now occupied, as missionary stations in said [district of] Alaska are hereby excepted from the Operation. Of the last three preceding sections of this act. No portion of the is- lands of the Pribylov Group or the Seal Islands of Alaska shall be subject to sale under this act; and the United States reserves, and there shall be re- Served in all patents issued under the provisions Of the last two preceding sections the right of the United States to regulate the taking of salmon and to do all things necessary to protect and prevent the destruc- tion of salmon in all the waters of the lands granted frequented by salmon. (March 3, 1891, c. 561, § 14, 26 Stat. 1100.) Text in brackets superseded by §§ 3528–3544. § 5083. Railroad rights of way; reservations —The right of way through the lands of the United States in [the District of] Alaska is hereby granted to any railroad Company, duly organized under the laws . of any State or Territory or by the Congress of the TJnited States, which may hereafter file for record with the Secretary of the Interior a copy of its arti- Cles of incorporation, and due proofs of its organiza- tion under the same, to the extent of one hundred feet On each side of the center line of said road ; also the right to take from the lands of the United States ad- jacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad ; also the right to take for railroad uses, sub- ject to the reservation of all minerals and coal there- in, public lands adjacent to said right of way for sta- tion buildings, depots, machine shops, side tracks, turn-Outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount twenty acres for each station, to the extent of one Station for each ten miles of its road, excepting at terminals and junction points, which may include ad- ditional forty acres, to be limited on navigable wa- ters to eighty rods on the shore line, and with the right to use such additional ground as may in the Opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, That In Othing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Provided further, That all mining operations prosecuted or undertaken within the limits of such right of way or of the lands here- by granted shall under rules and regulations to be prescribed by the Secretary of the Interior, be so COnducted as not to injure or interfere with the prop- erty or Operations Of the road over its said lands or right of way. And when such railway shall connect With any navigable Stream or tide water such Com- pany shall have power to COnstruct and maintain necessary piers and Wharves for connection with wa- ter transportation, subject to the supervision of the Secretary of the Treasury: Provided, That nothing in this Act contained shall be construed as impairing in any degree the title of any State that may hereafter be erected out of said District, or any part thereof, to tide lands and beds of any of its navigable waters, Or the right of such State to regulate the use thereof, nor the right of the United States to resume posses- SiOn Of Such lands, it being declared that all such rights shall continue to be held by the United States in trust for the people of any State or States which may hereafter be erected Out Of Said District. The term “navigable waters,” as herein used, shall be held to include all tidal waters up to the line of Ordinary high tide and all nontidal waters navigable in fact up to the line of ordinary high-water mark. All charges for the transportation of freight and pas- Sengers on railroads in [the District Of Alaska shall be printed and posted as required by section six of an Act to regulate Commerce as amended on March Second, eighteen hundred and eighty-nine, and Such rates shall be subject to revision and modification by the Secretary of the Interior. (May 14, 1898, c. 299, § 2, 30 Stat. 409.) Text in brackets superseded by §§ 3528–3544. § 5084. Same rights of several roads through canyons; grade crossings; transportation charg— es—Any railroad company whose right of way, or whose track or roadbed upon such right of way, pass- eS through any Canyon, pass, or defile shall not pre- Vent any Other railroad Company from the use and occupancy of said canyon, pass, or defile for the pur- poses of its road, in common with the road first locat- ed, Or the Crossing Of Other railroads at grade; and the location of such right of way through any Can- yon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the Same of any such tramway, wagon road, or highway Where such tramway, Wagon road, or highway may be necessary for the public accommodation ; and Where any change in the location of Such tramway, Wagon road, or highway is necessary to permit the pas- Sage of such railroad through any Canyon, pass, Or defile, said railroad company shall, before entering upon the ground OCCupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tram- way: Provided, That such expenses shall be equita- bly divided between any number of railroad compa- nies occupying and using the same canyon, pass, or defile, and that where the Space is limited the Unit- ed States district COurt shall require the road first Constructed to allow any other railroad Or tramway to pass over its track or tracks through such canyon, pass, Or defile on such equitable basis as the said Court may prescribe ; and all shippers shall be entitled to equal a CCOmmodations as to the movement Of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers, and wharfage. (May 14, 1898, c. 299, § 3, 30 Stat. 410.) § 5085. Same; condemnation of 1and—Where any company, the right of way to which is hereby granted, shall in the Course of Construction find it necessary to pass over private lands or possessory claims on lands of the United States, condemnation of a right of way across the same may be made in ac- Cordance with section three of the Act entitled “An Act to amend an Act entitled “An Act to aid in the Construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, mili- tary, and other purposes, approved July first, eight- een hundred and sixty-two,’ ” approved July second, eighteen hundred and sixty-four: Provided further, That any such company, by filing with the Secretary of the Interior a preliminary actual Survey and plat Of its proposed route, shall have the right at any time within One year thereafter, to ſile the map and profile of definite location provided for in this Act, and such preliminary survey and plat shall, during the said period of one year from the time of filing the same, have the effect to render all the lands on Ch. 10K) 3 5087 THE PUBLIC LANDS [Page 769] which said preliminary Survey and plat shall pass subject to such right of way. (May 14, 1898, c. 299, § 4, 30 Stat. 410.) § § 5086. Same; map of location; forfeiture of rights—Any COmpany desiring to Secure the benefits of this Act shall, within twelve months after filing the preliminary map of location of its road as here- inbefore prescribed, whether upon surveyed or un- surveyed iands, file with the register of the land office for the district where such land is located a map and profile of at least a twenty-mile section of its road Or a profile of its entire road if less than twenty miles, as definitely fixed; and shall thereafter each year definitely locate and file a map of such loca- tion as aforesaid of not less than twenty miles addi- tional Of its line Of road until the entire road has been thus definitely located, and upon approval there- Of by the Secretary of the Interior the same shall be noted upon the records of Said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of Way: Provided, That if any section of said road shall not be completed within one year after the defi- nite location of said section so approved, or if the map of definite location be not filed within One year as herein required, or if the entire road shall not be completed within four years from the filing of the - map of definite location, the rights herein granted shall be forfeited as to any such uncompleted sec- tion of said road, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way, stations, and terminals shall cease and become null and void without further action. (May 14, 1898, c. 299, § 5, 30 Stat. 410.) § 5087. Right of way for wagon roads, wire rojpe, aerial or other tramways; reservations; tolls—The Secretary of the Interior is hereby au- thorized to issue a permit, by instrument in writing, in conformity with and subject to the restrictions herein contained, unto any responsible person, Com- pany, or corporation, for a right of way over the public domain in said District, not to exceed One hundred feet in width, and ground for station and other necessary purposes, not to exceed five acres for each station for each five miles of road, to Con- struct wagon roads and wire rope, aerial, or other tramways, and the privilege of taking all necessary material from the public domain in said District for the construction of such wagon roads or tram- ways, together with the right, subject to supervision and at rates to be approved by said Secretary, to levy and collect toll or freight and passenger charges On passengers, animals, freight, or vehicles passing Over the same for a period not exceeding twenty years, and said Secretary is also authorized to sell to the owner or owners of any such wagon road or tramway, upon the completion thereof, not to exceed twenty acres of public land at each terminus at one dollar and twenty-five cents per acre, such lands when located at Or near tide Water not to extend more than forty rods in width along the shore line and the title thereto to be upon Such expressed conditions as in his judgment may be necessary to protect the public interest, and all minerals, including coal, in such right of way or station grounds shall be reserved to the United States: Provided, That Such lands may be located COncurrently with the line of Such road or tramway, and the plat of preliminary survey and the map Of definite location shall be filed as in the Case of railroads and subject to the same condi- tions and limitations: Provided further, That such rights of way and privileges shall only be enjoyed by Or granted to Citizens Of the United States or COmpanies or corporations Organized under the laws of a State or Territory; and such rights and privi- COMP. S.T.’18—49 leges shall be held subject to the right of Congress to alter, amend, repeal, or grant equal rights to Othel's On contiguous or parallel routes. And no right to Construct a wagon road on which toll may be COllected shall be granted unless it shall first be made to appear to the satisfaction of the Secretary Of the Interior that the public convenience requires the Construction of such proposed road, and that the expense of making the same available and convenient for public travel will not be less on an average than five hundred dollars per mile: Provided, That if the proposed line of road in any case shall be located Over any road Or trail in Common use for public travel, the Secretary of the Interior shall decline to grant Such right of way, if, in his opinion, the interests of the public would be injuriously affected thereby. Nor shall any right to collect toll upon any wagon road in said District be granted or inure to any per- SOn, COrpOration, Or Company until it shall be made to appear to the satisfaction of said Secretary that at least an average of five hundred dollars per mile has been actually expended in constructing such road; and all persons are prohibited from collecting Or attempting to collect toll over any wagon road in Said District, unless such person or the company or perSOn for whom he acts shall at the time and place the Collection is made—or-attempted -to-be-made possess written authority, signed by the Secretary Of the Interior, authorizing the collection and speci- fying the rates of toll: Provided, That accurate print- ed Copies of said written authority from the Secre- tary of the Interior, including toll, freight, and pas- Senger charges thereby approved, shall be kept con- Stantly and conspicuously posted at each station Where toll is demanded or collected. And any per- Son, Corporation, or Company collecting or attempting to Collect toll without such written authority from the Secretary of the Interior, or failing to keep the Same posted as herein required, shall be deemed guilty of a misdemeanor, and on conviction thereof Shall be fined for each offense not less than fifty dollars nor more than five hundred dollars, and in default of payment of such fine and costs of prose- Cution shall be imprisoned in jail not exceeding ninety days, or until such fine and costs of prosecution shall have been paid. - Any person, corporation, or company qualified to Construct a wagon road or tramway under the pro- Visions of this Act that may heretofore have con- Structed not less than one mile of road, at a cost Of not less than five hundred dollars per mile, or one- half mile of tramway at a cost of not less than five hundred dollars; shall have the prior right to apply for Such right of way and for lands at stations and, terminals and to obtain the same pursuant to the pro- Visions of this Act over and along the line hitherto Constructed or actually being improved by the ap- plicant, including wharves connected therewith. That if any party to whom license has been granted to Construct such wagon road or tramway shall, for the period of One year, fail, neglect, or refuse to com- plete the same, the rights herein granted shall be forfeited as to any such uncompleted section of said wagon road or tramway, and thereupon shall revert to the United States without further action or dec. laration, the notation of such uncompleted section up- On the records Of the land Office shall be canceled, and the reservations of Such lands for the purposes of said right Of Way shall Cease and become null and void without further action. And if such road or tramway shall not be kept in good condition for use, the Secretary of the Interior may prohibit the Col- lection of toll thereon pending the making of neces- sary repairs. All mortgages executed by any com- pany acquiring a right of way under this Act, upon any portion of its road that may be constructed in said District of Alaska, shall be recorded with the Secretary Of the Interior, and the record thereof Ž 5088 (Tit. 32 THE PUBLIC LANDS [Page 77OI shall be notice of their execution, and shall be a lien upon all the rights and property of said company as therein expressed, and such mortgage shall also be recorded in the Office of the secretary of the District Of Alaska and in the Office Of the Secretary Of the State or Territory wherein such company is organiz- ed: Provided, That all lawful claims of laborers, con- tractors, subcontractors, or material men, for labor performed Or material furnished in the Construction Of the railroad, tramway, or wagon road shall be a first lien thereon and take precedence of any mort- gage or other lien. (May 14, 1898, c. 299, § 6, 30 Stat. 411.) . § 5088. Act not to apply to military, park, Indian, or other reservations—This act shall not apply to any lands within the limits of any military, park, Indian, or other reservation unless such right Of way shall be provided for by Act of Congress. (May 14, 1898, c. 299, § 7, 30 Stat. 412.) - § 5089. Right to repeal or amend act; as- signment of right of way—Congress hereby reserves the right at any time to alter, amend, or repeal this Act or any part thereof; and the right of way here- in and hereby authorized shall not be assigned Or transferred in any form whatever prior to the con- struction and completion of at least one-fourth Of the proposed mileage of such railroad, wagon road, Or tramway, as indicated by the map of definite location, except by mortgages or other liens that may be given or secured thereon to aid in the Construction thereof: Provided, That where within ninety days after the approval of this Act, proof is made to the satisfaction of the Secretary of the Interior that actual surveys, evidenced by designated monuments, were made, and the line of a railroad, Wagon road Or tramway located thereby, or that actual Construction was commenced on the line of any railroad, Wagon road or tramway, prior to January twenty-first, eight- een hundred and ninety-eight, the rights to inure here- under shall, if the terms of this Act are complied with as to such railroad, wagon road Or tram Way, Relate back to the date when Such Survey Or COn- struction was commenced; and in all conflicts relative to the right of way or other privilege of this Act the person, company or corporation having been first in time in actual survey or Construction, as the Case may be, shall be deemed first in right. (May 14, 1898, . c. 299, § 8, 30 Stat. 412.) . - § 5090. Map of location—The map and profile of definite location of such railroad, wagon road, Or tramway, to be filed as hereinbefore provided, shall, when the line passes over surveyed lands, indicate the location of the road by reference to section Or other established survey corners, and where such line pass- es over unsurveyed lands the location thereon shall be indicated by courses and distances and by ref- erences to natural objects and permanent monuments in such manner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map. (May 14, 1898, . c. 299, § 9, 30 Stat. 413.) - § 5091. Purchases for trade or manufacture; lands reserved; adverse claimants—Any Citizen of the United States twenty-One years of age, Or any as- Sociation of Such citizens, or any COrporation inCOrpO- rated under the laws of the United States Or Of any State or Territory now authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public lands in [the District of] Alaska in good faith for the purposes Of trade, manu- facture, or other productive industry, may each pur- chase One claim only not exceeding eighty acres Of such land for any One perSOn, association, Or CorpO- ration, at two dollars and fifty Cents per acre, upon submission of proof that Said area embraces im- provements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry, such tract of land not to include mineral or coal lands, and ingreSS and egress shall be reserved to the public on the waters of all streams, Whether navigable or otherwise: Provided, That no entry shall, be allowed under this Act on lands abut- ting on navigable water of more than eighty rods: Provided further, That there shall be reserved by the United States a space of eighty rods in width be- tWeen tracts sold or entered under the provisions of this Act on lands abutting on any navigable stream, inlet, gulf, bay, or seashore, and that the Secretary Of the Interior may grant the use of such reserved lands abutting on the water front to any citizen or aSSOciation of citizens, or to any corporation in- COrpOrated under the laws of the United States or under the laws of any State or Territory, for land- ings, and wharves, with the provision that the public Shall have access to and proper use Of Such wharves, . and landings, at reasonable rates of toll to be pre- Scribed by said Secretary, and a roadway sixty feet in Width, parallel to the shore line as near as may be practicable, shall be reserved for the use of the public as a highway: Provided further, That in case more than one person, association, or corporation Shall claim the same tract of land, the person, as- SOciation, or corporation having the prior claim, by reason of actual possession and continued occupation in good faith, shall be entitled to purchase the same, but where several persons are or may be so possessed Of parts of the tract applied for the same shall be awarded to them according to their respective inter- ests: Provided further, That all claims substantially Square in form and lawfully initiated, prior to Janu- ary twenty-first eighteen hundred and ninety-eight, by Survey or otherwise, under sections twelve and thirteen of the Act approved March third, eighteen hundred and ninety-One (Twenty-sixth Statutes at Large, Chapter five hundred and sixty-one), may be perfected and patented upon compliance with the pro- Visions of Said Act, but subject to the requirements and provisions of this Act, except as to area, but in no case shall such entry extend along the water front for more than one hundred and sixty rods: And provided further, That the Secretary of the Interior Shall reserve for the use Of the natives of Alaska suitable tracts of land along the Water front of any stream, inlet, bay, or sea shore for landing places for Canoes and other Craft used by such natives: Provided, That the Annette, Pribilof Islands, and the islands leased Or Occupied for the propagation of foxes be excepted from the Operation of this Act. That all affidavits, testimony, proofs and other papers provided for by this Act and by said Act of March third, eighteen hundred and ninety-One, or by any departmental or Executive regulation thereunder, by depositions or otherwise, under commission from the register and receiver of the land office, which may nave been Or may hereafter be taken and SWOrn to anywhere in the United States, before any court, judge, or other officer authorized by law to adminis- ter an oath, shall be admitted in evidence as if taken before the register and receiver of the proper local land office. And thereafter Such proof, together with a certified copy of the field notes and plat of the survey of the claim, shall be filed in the office of the Surveyor-general of [the District of] Alaska, and if such survey and plat shall be approved by him, certi- fied copies thereof, together with the claimant's ap- plication to purchase, shall be filed in the United States land . Office in the land district in which the claim is situated, whereupon, at the expense Of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circula- tion published nearest the claim within [the District of] Alaska, and the applicant shall at the time of filing such field notes, plat, and application to pur- chase in the land Office, as aforesaid, Cause a Copy of such plat, together with the application to pur- chase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous Ch. 11) 3 5097 THE PUBLIC LANDS [Page 771.I place on such claim continuously for at least sixty days, and during such period of posting and publica- tion, or within thirty days thereafter any perSon, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the land office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing Of Such adverse claim, begin action to quiet title in a Court of COmpe- tent jurisdiction within [the District of] Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights Of the par- ties, and such patent shall then be issued in con- formity with the final decree of the court. (May 14, 1898, c. 299, § 10, 30 Stat. 413.) Text in brackets superseded by §§ 3528–3544. § 5092. Sale of timber—The Secretary of the Interior, under such rules and regulations as he may prescribe, may cause to be appraised the timber Or any part thereof upon public lands in [the District of] Alaska, and may from time to time sell so much thereof as he may deem proper for not less than the appraised value thereof, in such quantities to each purchaser as he shall prescribe, to be used in [the District of] Alaska, but not for export therefrom. And such sales shall at all times be limited to actual necessities for GOnsumption in the District from year to year, and payments for Such timber shall be made to the receiver of public moneys of the local land office Of the land district in which said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe, and the moneys arising therefrom shall be accounted for by the receiver Of Such land Office to the Commissioner of the General Land Office in a separate account, and shall be covered into the Treasury. The Secre- tary of the Interior may permit, under regulations to be prescribed by him, the use of timber found upon the public lands in [said District of] Alaska by ac- tual settlers, residents, individual miners, and pros- pectors for minerals, for firewood, fencing, buildings, mining, prospecting, and for domestic purposes, as may actually be needed by such persons for such purposes. (May 14, 1898, c. 299, § 11, 30 Stat. 414.) See § 5091 and note. § 5093. Export of pulp wood or wood pulp- Pulp wood or wood pulp manufactured from timber in [the district of] Alaska may be exported therefrom. (Feb. 1, 1905, c. 288, § 2, 33 Stat. 628.) § 5094. Missionary stations—The land not ex- ceeding six hundred and forty acres at any station now Occupied as missionary stations among the In- dian tribes in said section, with the improvements thereon erected by or for such societies, shall be con- tinued in the Occupancy of the several religious so- cieties to which said missionary stations respectively belong until action by Congress. (May 17, 1884, c. 53, § 8, 23 Stat. 26.) - § 5095. Land for schools or missions; pat- ents; general land laws—The Indians or persons Conducting Schools or missions in the district shall not be disturbed in the possession of any lands now actually in their use or occupation, and the land, at any Station not exceeding six hundred and forty acres, now OCCupied as missionary stations among the Indian tribes in the section, with the improve- ments thereon erected by or for such societies, shall be continued in the occupancy of the several religious Societies to which the missionary stations respectively belong, and the Secretary of the Interior is hereby directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the Same to the several societies to which they belong; but nothing contained in this Act shall be construed to put in force in the district the general land laws of the United States. (June 6, 1900, c. 786, § 27, 31 Stat. 330.) § 5096. Allotment of land to native Indians or Eskimo as homesteads—The Secretary of the Interior is hereby authorized and empowered, in his discretion and under Such rules as he may prescribe, to allot not to exceed One hundred and sixty acres of Inonmineral land in the district of Alaska to any Indian Or Eskimo Of full or mixed blood who resides in and is a native Of Said district, and who is the head of a family, or is twenty-One years of age; and the land SO allotted shall be deemed the home- Stead of the allottee and his heirs in perpetuity, and shall be inalienable and nontaXable until Otherwise provided by Congress. Any person qualified for an allotment as aforesaid shall have the preference right to secure by allotment the nonmineral land occupied by him not exceeding One hundred and sixty acres. (May 17, 1906, c. 2469, 34 Stat. 197.) - § 5096a. Annette islands reserved for Metla- kahtla, Indians—That until Otherwise provided by law the body of lands known as Annette Islands, Situated in Alexander Archipelago in Southeastern Alaska, On the north side of Dixon's entrance, be, and the same is hereby, set apart as a reservation for the use of the Metlakahtla Indians, and those people known as Metlakahtlans who have recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them, to be held and used by them in common, under—such rules and -regu- lations, and subject to such restrictions, as may [be] prescribed from time to time by the Secretary of the Interior. (March 3, 1891, c. 561, § 15, 26 Stat. 1101.) Chapter Eleven—Miscellaneous Provi- sions Relating to the Public Lands Sec. PATENTS FOR PRIVATE LAND CLAIMS 5097. Palents for confirmed claims. 5098. Patents to persons dead before issue, effect of. 5099. Title to lands in Missouri confirmed. 5100. Same; existing rights not affected. 5101. Certificates of location of private land claims; issue and location. 5102. Same; receivable in payment of pre-emption claims or in Commutation of homestead entries. 5103. Same; location; entries; patents. - 5104. Application of act to certificates issued under former CU. 5105. Patents for locations under certificates made prior to Act Jan. 28, 1879, c. 30. |DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR 5106. “Suspended entries of public lands” and “suspended pre-emption land claims.” , 5107. Same; adjudications; approval. 5108. Same; decisions arranged into classes. 5109. Same; patents and reversion to government. 5110. Sale of isolated or disconnected tracts not exceeding one quarter section. 5111. Patents surrendered and new ones issued. 5112. Extent of foregoing provisions. 5113. Suspension of entries for correction of clerical errors; patents. 5114. Limitations of suits to annul patents. 5115. Entries and final proofs, made out of proper district, confirmed. TIMBER -CULTURE 5116. Repeal of laws. EVIDENCES OF TITLE 5117. False making or altering of instrument in writing con- cerning lands or mines or minerals in California. 5118. Falsely dating evidence of title under Mexican author- ity to lands in California. 5119. Presenting false or counterfeited evidences of title tº lands in California. ENFORCEMENT OF PROVISIONS 5120. Power of Commissioner of Land-Office. PATENTS FOR PRIVATE LAND CLAIMS § 5097. Patents for confirmed claims—In case of any claim to land in any State or Territory which has heretofore been confirmed by law, and in which no provision is made by the confirmatory statute for the issue of a patent, it may be lawful, where surveys for the land have been or may hereafter be made, to is: 3 5098 (Tit. 32 THE PUBLIC LANDS [Page 772I Sue patents for the claims so confirmed, upon the pre- Sentation to the Commissioner of the General Land- Office of plats of survey thereof, duly approved by the Surveyor-general of any State or Territory, if the same be found correct by the Commissioner. But such pat- ents shall Only Operate as a relinquishment Of title on the part of the United States, and shall in no manner interfere with any valid adverse right to the same land, nor be construed to preclude a legal investiga- tion and decision by the proper judicial tribunal be- tween adverse claimants to the same land. (R. S. § 2447.) . * § 5098. Patents to persons dead before issue, effect of—Where patents for public lands have been or may be issued, in pursuance of any law of the Unit- ed States, to a person who had died, or who hereaft- er dies, before the date of Such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assignees of such de- ceased patentee as if the patent had issued to the deceased person during life. (R. S. § 2448.) § 5099. Title to lands in Missouri confirmed— All of the right, title, and interest of the United States in and to all of the lands in the State of Missouri which have at any time heretofore been confirmed to any person or persons by any act of Congress, or by any officer or officers, or board or boards of commis- Sioners, acting under and by authority of any act of Congress, shall be, and the same are hereby, granted, released, and relinquished by the United States, in fee-simple, to the respective owners of the equitable titles thereto, and to their respective heirs and a S- signs forever, as fully and as completely, in every re- spect whatever, as could be done by patents issued therefor according to law. (June 6, 1874, c. 223, § 1, 18 Stat. 62.) - § 5100. Same; existing rights not affected- Nothing contained in the first section of this act shall, in any manner, abridge, divest, impair, injure, or prej- udice any valid right, title or interest of any person or persons in or to any portion or part of the lands mentioned in said first section; and this act shall in nowise affect any lands or lots heretofore relin- quished to the United States. (June 6, 1874, c. 223, § 2, 18 Stat. 62.) § 5101. Certificates of location of private land claims; issue and location—Whenever, in CaseS proS- ecuted under the acts of Congress of June twenty-Sec- ond, eighteen hundred and sixty, March second, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land-claims in the States of Florida, Louisiana and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plain- tiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, Sub- ject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land the title to which has been eS- tablished as has been disposed of by the United States, certificate of location shall be issued by the Commis- Sioner of the General Land Office attested by the Seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twenty-second, eighteen hundred and Sixty, Or applied according to the provisions of the second Sec- tion of this act ; and said certificate of location Or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as prac- ticable, in conformity with the legal divisions and Sub- divisions of the public lands of the United States, and shall be, and are hereby declared to be, assigna- ble by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to Vest the assignee with all the rights of the original owners of the Scrip, including the right to locate the Scrip in his own name. (Jan. 28, 1879, c. 30, § 1, 20 Stat. 274.) § 5102. Same; receivable in payment of pre- emption claims or in commutation of homestead entries—Such scrip shall be received from actual set- tlers Only in payment of pre-emption claims or in Com- mutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants. (Jan. 28, 1879, c. 30, § 2, 20 Stat. 275.) § 5103. Same; location; entries; patents—The register of the proper land-Office, upon any such cer- tificate being located, shall issue, in the name of the party making the location, a certificate of entry, up- On which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such Certificate has been fairly obtained, according to the true intent and meaning Of this act, a patent shall issue, as in other Cases, in the name Of the locator or his legal representative. (Jan. 28, 1879, c. 30, § 3, 20 Stat. 275.) § 5104. Application of act to certificates is- sued under former act—The provisions Of this act respecting the assignment and patenting Of Scrip and its application to pre-emption and homestead claims shall apply to the indemnity-certificates of location provided for by the act of the second of June, eighteen hundred and fifty-eight, entitled “An act to provide for the location of certain confirmed private land- claims in the State of Missouri, and for other pur- poses.” (Jan. 28, 1879, c. 30, § 4, 20 Stat. 275.) § 5105. Patents for locations under certifi- cates made prior to Act Jan. 28, 1879, c. 30– It shall be lawful for the Commissioner of the Gener- al Land Office to Cause patents to be issued, as evi- dence of title, for all valid locations made with land scrip issued pursuant to decrees of the Supreme Court Of the United States, which Valid locations were made prior to the approval Of the aforesaid Act in the same manner that patents are now issued under the provi- sions of section three Of Said Act of January twenty- eighth, eighteen hundred and seventy-nine. (May 30, 1894, c. 87, 28 Stat. 84.) See §§ 5101–5104. DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS ; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR § 5106. “Suspended entries of public lands” and “suspended pre-emption land claims”—The Commissioner of the General Land-Office is authoriz- ed to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be settled by the Secretary of the Inte- rior, the Attorney-General, and the Commissioner, Con- jointly, consistently with such principles, all cases of Suspended entries of public lands and of suspended pre-emption land-Claims, and to adjudge in what Cases patents shall issue upon the Same. (R. S. § 2450, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) § 5107. Same; adjudications; approval—Every such adjudication shall be approved by the Secretary of the Interior and the Attorney-General, acting as a board ; and shall Operate Only to divest the United States of the title of the lands embraced thereby, with- out prejudice to the rights of conflicting claimants. (R. S. § 2451, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 244.) (R. S. § 2452. Repealed.) This section directed the Commissioner of the General Land-Office to report to Congress a list of adjudications, etc., under the preceding sections. It was expressly re- pealed by § 707. § 5108. Same; decisions arranged into class- es—The Commissioner shall arrange his decisions in- to two Classes; the first class to embrace all Such cases of equity as may be finally confirmed by the board, and the second class to embrace all Such cases as the board reject and decide to be invalid. (R. S. § 2453.) Ch. 11) 3 5116 THE PUBLIC LANDS [Page 773] § 5109. Same; patents and reversion to gov- ernment—For all lands covered by claims which are placed in the first class, patents shall issue to the claimants; and all lands embraced by claims placed in the Second class shall inso facto revert to, and be- Come part of, the public domain. (R. S. § 2454.) § 51 10. Sale of isolated or disconnected tracts not exceeding one quarter section—ſt shall be law- ful for the Commissioner of the General Land Office to Order into market and sell at public auction, at the land Office Of the district in which the land is situat- ed, for not less than One dollar and twenty-five cents' an a Cre, any jSO1ated or disconnected tract Or parCel Of the public domain not exceeding one quarter sec- tion which, in his judgment, it would be proper to ex- pose for sale after at least thirty days' notice by the land Officers of the district in which such land may be situated: Provided, That any legal subdivisions of the public land, not exceeding one quarter section, the greater part of which is mountainous or too Tough for cultivation, may, in the discretion of said COmmissioner be Ordered into the market and Sold pursuant to this Act upon the application of any per- Son who owns lands or holds a valid entry of, lands adjoining such tract, regardless of the fact that Such tract may not be isolated or disconnected within the meaning of this Act: Provided further, That this Act shall not defeat any vested right which has already attached under any pending entry or location. (R. S. § 2455, amended, Feb. 26, 1895, c. 133, 28 Stat. 687, June 27, 1906, c. 3554, 34 Stat. 517, and March 28, 1912, c. 67, 37 Stat. 77.) § 51 1 1. Patents surrendered and new ones is- sued—Where patents have been already issued on entries which are confirmed by the officers who are constituted the board of adjudication, the Commission- er of the General Tand-Office, upon the canceling Of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his heirs or assigns. (R. S. § 2456.) § 51 12. Extent of foregoing provisions—The preceding provisions from section twenty-four hundred and fifty to section twenty-four hundred and fifty- six, inclusive, shall be applicable to all Cases Of SuS- pended entries and locations, which have arisen in the General Land-Office since the twenty-sixth day Of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land war- rants as ordinary entries Or Sales, including home- stead entries and pre-emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre- emptor are prejudiced, or where there is no adverse claim. (R. S. § 2457.) R. S. § 2452, was fivealed by § 707. Other sections men- tioned are $$ 5106–5111. ſº e § 5113. Suspension of entries for correction of clerical errors; patents—Whenever it shall ap- pear to the Commissioner of the General Land Office that a clerical error has been committed in the entry of any of the public lands such entry may be sus- pended, upon proper notification to the claimant, through the local land office, until the error has been Corrected; and all entries made under the preemp- tion, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to Which there are no adverse claims originating prior to final entry and which have been sold Or incumbered prior to the first day of March, eighteen hundred and eighty-eight, and after final entry, to bona-fide purchasers, Or incum- brancers, for a valuable consideration, shall unless upon an investigation by a Government Agent, fraud On the part of the purchaser has been found, be con- firmed and patented upon presentation of satisfac- tory proof to the Land Department of Such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receiver’s receipt upon the final entry of any tract of land under the homestead, timber-culture, desert-land, or pre-emption laws, or under this act, and when thºre shall be no pending contest or, protest against the Validity of Such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the Same shall be issued to him; but this proviso shall not be Construed to require the delay of two years from the date of said entry before the issuing of a ;" therefor. (March 3, 1891, c. 561, § 7, 26 Stat. § 5114. Limitations of suits to annul pat- ents-Suits by the United States to vacate and annul any patent heretofore issued shall only be brought Within five years from the passage of this act, and Suits to vacate and annul patents hereafter issued Shall only be brought within six years after the date Of the issuance of such patents. (March 3, 1891, G. 561, § 8, 26 Stat. 1099.) § 5115. Entries and final proofs, made out of proper district, confirmed—Whenever it shall appear to the Commissioner of the General Land Office that an error has heretofore been made by the Officers of any local land office in receiving any ap- plication, declaratory statement, entry, or final proof - under–the–homestead or other-land-laws, and that there was no fraud practiced by the entryman, and that there are no prior adverse claimants to the land described in the entry, and that no other rea- Son Why the title should not vest in the entryman exists, except that said application, declarătory state- ment, entry, or proof was not made within the land district in which the lands applied for are situated, as provided by the Act of March eleventh, nineteen hundred and two, such entry or proof shall be con- firmed. (March 9, 1904, c. 503, § 1, 33 Stat. 64) TIMBER—CULTURE (R. S. §§ 2464—2468. Repealed.) These sections incorporated the then existing provisions of the timber-culture laws from Act March 3, 1873, c. 277, 17 Stat. 605. They were amended by Act March 13, 1874, c. 55, 18 Stat. 21, Act May 20, 1876, c. 102, 19 Stat. 54, Act June 19, 1876, c. 134, 19 Stat. 59, and Act June 14, 1878, c. | 190, 20. Stat. 113. This last act superseded all previous legislation on the subject, and was repealed by Act March | 3, 1891, c. 561, § 1 (§ 5116), with a saving of all vested rights. $ 5,116. Repeal of laws—That an act entitled “An act to amend an act entitled ‘An act to encourage the growth of timber on the Western prairies,’” approved June fourteenth, eighteen hundred and seventy eight, and all laws supplementary thereto or amendatory thereof, be, and the same are hereby, repealed: Pro- vided, That this repeal shall not affect any valid rights heretofore accrued or accruing under said laws but all bona fide claims lawfully initiated before the passage of this act may be perfected upon due com- pliance with law, in the same manner, upon the same terms and Conditions, and subject to the same limi- tations, forfeitures, and Contests as if this act had not been passed: And provided further, That the following words Of the last Clause of Section two of said act, namely, “That not leSS than twenty-Seven hundred trees were planted On each acre,” are hereby repealed: And provided further, That in computing the period of Cultivation the time shall run from the date of the entry, if the necessary acts of Culti- vation were performed within the proper time: And provided further, That the preparation of the land and the planting of trees shall be construed as acts of cultivation, and the time authorized to be so em- ployed and actually employed shall be COmputed as a part of the eight years of cultivation required by statute: And provided further, That if trees, seeds, or cuttings were in good faith planted as provided by law and the same and the land upon which so planted were thereafter in good faith cultivated as provided by law for at least eight years by a person qualified to make entry and who has a subsisting Ż 5117 - - THE PUBLIC LANDS & - - (Tit. 32 [Page 774] entry under the timber culture laws, final proof may be made without regard to the number of trees that may have been then growing on the land. Provided, That any person who has made entry of any public lands of the United States under the timber-culture laws, and who has for a period of four years in good faith complied with the provisions of said laws and who is an actual bona fide resident of the State or Territory in which said land is located shall be entitled to make final proof thereto, and acquire title to the same, by the payment of one dollar and twenty five cents per acre for such tract, under such rules and regulations as shall be prescribed by the Secre- tary of the Interior, and registers and receivers shall be allowed the same fees and compensation for final proofs in timber-culture entries as is now allowed by law in homestead entries: And provided further, That no land acquired under the provisions of this act shall in any event become liable to the Satisfac- tion of any debt or debts contracted prior to the issuing of the final certificate therefor. (March 3, 1891, c. 561, § 1, 26 Stat. 1095, amended, March 3, 1893, c. 208, 27 Stat. 593.) . : EVIDENCES OF TITLE § 5117. False making or , altering of instru- - ment in writing concerning lands or mines or minerals in California—Every person who falsely makes, alters, forges, or Counterfeits, or causes Or procures to be falsely made, altered, forged, or coun- terfeited; or willingly aids and assists in the false making, altering, forging, or counterfeiting any peti- tion, certificate, order, report, decree, concession, de- In Ouncement, deed, patent, confirmation, diseño, map, eXpediente Or part of an expediente, or any title- paper, Or evidence of right, title, or claim to lands, Imines, Or minerals in California, or any instrument Of writing whatever in relation to lands or mines or minerals in the State of California, for the purpose Of Setting up or establishing against the United States any Claim, right, or title to lands, mines, or minerals within the State of California, or for the purpose Of enabling any person to set up or establish any such Claim; and every person, who, for such purpose, ut- ters Or publishes as true and genuine any such false, forged, altered, or counterfeited petition, certificate, Order, report, decree, concession, denouncement, deed, patent, Confirmation, diseño, map, expediente or part of an expediente, title-paper, evidence of right, title, Or Claim to lands or mines or minerals in the State of California, or any instrument of writing whatever in relation to lands or mines or minerals in the State of California, shall be punishable by imprisonment at hard labor not less than three years and not more than ten years, and by a fine of not more than ten thousand dollars. (R. S. § 2471.) r § 51 18. Falsely dating evidence of title un- der Mexican authority to lands in California— Every person who makes, or causes or procures to be made, or willingly aids and assists in making any falsely dated petition, certificate, order, report, de- Cree, Concession, denouncement, deed, patent, confirma- tion, diseño, map, expediente or part of an ex- pediente, or any title-paper, or written evidence of right, title, or claim, under Mexican authority, to any lands, mines, or minerals in the State of California, or any instrument of writing in relation to lands of mines or minerals in the State of California, having a false date, or falsely purporting to be made by any Mexican officer or authority prior to the seventh day of July, eighteen hundred and forty-six, for the purpose of setting up or establishing any claim against the United States to lands or mines or min- erals within the State of California, or of enabling any person to set up or establish any such claim; and every person who signs his name as governor, Secretary, or other public officer acting under Mexi- Can authority, to any instrument of writing falsely purporting to be a grant, concession, or denounce- ment under Mexican authority, and during its exist- ence in California, of lands, mines, or minerals, or falsely purporting to be an informe, report, record, confirmation, or other proceeding on an application for a grant, concession, or denouncement under Mexi- can authority, during its existence in California, of lands, mines, or minerals, shall be punishable as prescribed in the preceding section. (R. S. § 2472.) § 5119. Presenting false or counterfeited evidences of title to lands in California—Every person who, for the purpose of setting up or estab- lishing any chaim against the United States to lands, mines, or minerals within the State of California, presents, Or Causes or procures to be presented, be- fore any Court, judge, commission, or commissioner, or other officer of the United States, any false, forged, altered, or counterfeited petition, certificate, order, report, decree, concession, denouncement, deed, pat- ent, diseño, map, expediente or part of an expediente, title-paper, or written evidence of right, title, or claim to lands, minerals, or mines in the State of Cali- fornia, knowing the same to be false, forged, altered, Or Counterfeited, or any falsely dated petition, cer- tificate, Order, report, decree, concession, denounce- ment, deed, patent, Confirmation, diseño, map, ex- pediente or part of an expediente, title-paper, or written evidence of right, title, or claim to lands, mines, or minerals in California, knowing the same to be falsely dated; and every person who prosecutes in any court of the United States, by appeal or oth- erwise, any claim against the United States for lands, mines, or minerals in California, which claim is founded upon, or evidenced by, any petition, certifi- cate, order, report, decree, concession, denouncement. deed, patent, confirmation, diseño, map, expediente or part of an expediente, title-paper, or written evi- dence of right, title, or claim, which has been forged, altered, counterfeited, or falsely dated, knowing the same to be forged, altered, counterfeited, or falsely dated, shall be punishable as prescribed in section twenty-four hundred and seventy-one. (R. S. § 2473.) ENFORCEMENT OF PROVISIONS § 5120. Power of Commissioner of Land-Of- fiee—The Commissioner of the General Land-Office, under the direction of the Secretary of the Interior, is authorized to enforce and Carry into execution, by appropriate regulations, every part of the provi- sions of this Title not otherwise specially provided for. (R. S. § 2478.) (R. S. § 2489. Temporary.) This section incorporated the provisions of Act July 23, 1866, c. 219, § 5, 14 Stat. 220, requiring the local land of- fices in California immediately to forward lists of selec- tions made by the State under Swamp land and other grants, to the General Land Office for final disposition and determination, which final disposition should be made by the Commissioner of the General Land Office without de- lay. *he section is omitted as temporary merely, and ex- ecuted. - TITLE XXXII A–THE NATIONAL FORESTS . Sec. 5121. Establishment of forest reserves. 5122. Reserves to be known as national forests. 5123. (1) Revocation of orders or proclamations establishing I’eSeTVeS. 5124. (2) Surveys; plats and field notes; maps. 5.125. (3) Purposes for which reserves may be established and administered. 5126. (4) Protection of reserves; rules and regulations. 5127. (5) Sale of timber. r 5128. (6) Use of timber and stone by settlers. 5129. (7) Egress or ingress of actual settlers; prospecting. 5.130. (9) Sites for schools and churches. 5131. (10) Civil and criminal jurisdiction. 5132. (11) Use of Waters. 5133. (12) Mineral lands; restoration to public domain; loca- tion and entry. 5134. (13) Modification or vacation of executive Orders. 5135. No reserves created, and no additions made except by act of Congress. 5.136. Establishment of exterior boundaries of reserves. 5137. Sale of mature, dead, and down timber. l 5137a. Deposits from timber purchasers to defray cost of dis- posing of débris. 5138. Export of timber and other products. - 5138a. Earth, stone, and timber for Navy, and Government Works in Alaska. 5139. Calaveras Bigtree National Forest. 5140. Leases of lands for sanitariums or hotels. 5141. Same; disposition of funds from. 5141a. Use and occupation of lands for summer homes, hotels _ _ _and_Stores. . . . . . . .- — — — — — . T 5142. Disposition of money received from sale of products or use of land. 5143. Same; special fund continued; estimates of expendi- tureS. 5144. Sales of timber on reserves in California. 5145. Disposal of moneys received; refund of excess. 5146. Disposal of money received by or on account of Forest Service; refund of excess. 5147. Same; refund of moneys erroneously collected. 5148. Reimbursement to owners of equipment damaged or de- stroyed while fire-fighting. 5149. Payment of money received from forest reserve to State or Territory for schools and roads. 5150. Additional expenditures from receipts for roads and trails; co-operation with State authorities. 5150a. Appropriation for of roads and trails; co-operation of states; aggregate expenditure. 5151. Use of timber for telephone lines for fire protection. 5152. Forest supervisors and rangers. 5153. Arrests for violations of laws and regulations. 5154. Duties of Officials of Forest Service. 5155. Ileaves of absence to employés of Forest Service in Alaska. e 5156. Game breeding areas in Wichita. Forest Reserve. 5157. Same; hunting, trapping, killing, or capturing game - unlawful. 5158. Same; operation of local game laws. 3159. Game breeding areas in Grand Canyon Forest Reserve. 5160. Same; hunting, trapping, killing, or capturing game. 516.1. Same; operation of local game laws. 5162. Agricultural lands opened to homestead entry. 5163. Same; exception of counties in California. 5164. Land not to pass from forest until patent issues. , 5165. Additional homestead right of entry to former settlers. 5166. Entries in Black Hills Reserve subject to mining laws and to appropriation of Waters. 5167–5169. [Repealed.] - 5169a. Laws repealed; lands covered thereby subject to exist- ing laws. 5170. Future settlements on lands within reserves, and rights *. of former bona, fide settlers. 5171. Rein Statement of entries canceled Or relinquished. 5172. Rights of contestants prior to withdrawal of land for forest purposes. 5173. Segregation of lands for homestead entry. 5174. Consent to agreement by States for conservation of for- ests and Water supply. 5175. Appropriation for Co-operation with States for protec- tion from fire. e 5176. Examination, survey, and acquirement of lands on head- waters of navigable streams. 5177. National Forest Reservation Commission. 5178. Same; annual reportS. 5179. Examination, location and recommendation of lands for purchase and report by Secretary of Agriculture. 5180. Purchase of lands approved by Commission; consent of State. 5181. Title to lands to be acquired. 5182. Acquisition of ‘lands not defeated by rights of way, easements and reservations. 5183. Agricultural lands included in tracts acquired. 5184. Lands acquired to be reserved, held and administered as national forest lands; designation. 5185. State jurisdiction. Over persons on lands. 5186. Payment of receipts to State for schools and roads. 5187. Appropriation for expenses of Commission; payments. Sec. 5187a. Regulations as to mineral resources. 5187aa. Disposition of moneys received for certain permits. 5187b. Areas set aside for protection of game and fish; lawfully taking game or fish. § 5121. Establishment of forest reserves—The President of the United States may, from time to time, Set apart and reserve, in any State or Territory hav- ing public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by pub- lic proclamation, declare the establishment of such reservations and the limits thereof. (March 3, 1891, c. 561, § 24, 26 Stat. 1103.) - § 5122. Reserves to be known as national for- ests—General Expenses, Forest Service: To enable the Secretary of Agriculture to experiment and to make and Continue investigations and report On for- estry, forest reserves, which shall be known hereaft- er as national forests, * * (March 4, 1907, c. 2907, 34 Stat. 1269.) § 5123. (1) Revocation of orders or proc- lamations establishing reserves—For the survey of the public lands that have been or may—hereafter-be - designated as forest reserves by Executive proclama- tion, under Section twenty-four Of the Act Of Con- greSS approved March third, eighteen hundred and ninety-one, entitled “An Act to repeal timber-culture' laws, and for Other purposes,” and including public lands adjacent thereto, which may be designated for survey by the Secretary of the Interior, One hundred and fifty thousand dollars, to be immediately avail- able: Provided, That, to remove any doubt which may exist pertaining to the authority Of the President thereunto, the President of the United States is here- by authorized and empowered to revoke, modify, Or Suspend any and all Such Executive Orders and proC- lamations, Or any part thereof, from time to time as he shall deem best for the public interests: Provided, That the Executive orders and proclamations dated February twenty-Second, eighteen hundred and nine- ty-seven, setting apart and reserving Certain lands in the States of Wyoming, Utah, Montana, Washing- ton, Idaho, and South Dakota, as forest reservations, be, and they are hereby, Suspended, and the lands embraced therein restored to the public domain the same as though said orders and proclamations had not been issued: Provided further, That lands embraced in Such reservations not Otherwise disposed of before March first, eighteen hundred and ninety-eight, shall again become Subject to the Operations Of Said Orders and proclamations as now existing or hereafter modi- . fied by the President. (June 4, 1897, c. 2, § 1, 30 Stat. 34.) § 5124. (2) Surveys; plats and field notes; maps—The Surveys herein provided for Shall be made, under the Supervision of the Director of the Geological Survey, by Such person Or persons as may be elmploy- ed by or under him for that purpose, and shall be executed under instructions issued by the Secretary Of the Interior; and if subdivision Surveys shall be found to be necessary, they shall be executed under the rectangular system, as now provided by law. The plats and field notes prepared shall be approved and certified to by the Director of the Geological Sur- vey, and two copies of the field notes shall be re- turned, one for the files in the United States survey- or-general’s office of the State in , which the reserve is situated, the Other in the General Land Office ; and twenty photolithographic copies of the plats shall be returned, one Copy for the files in the United States Surveyor-general’s Office of the State in which the reserve is situated; the Original plat and the Other copies shall be filed in the General Land Office, and shall have the facsimile signature of the Director of liſh-s IPage 775] ź 5125 (3) (Tit. 32A THE NATIONAL FORESTS [Page 776] the Survey attached. Such Surveys, field notes, and plats thus returned shall have the same legal force and effect as heretofore given the surveys, field notes, and plats returned through the Surveyors-general; and such surveys, which include subdivision surveys under the rectangular system, shall be approved by the Commissioner of the General Land Office as in Other cases, and properly Certified copies thereof shall be filed in the respective land Offices Of the dis- tricts in which such lands are situated, as in Other Cases. All laws inconsistent with the provisions here- Of are hereby declared inoperative as respects such survey: Provided, however, That a copy of every topographic map and other maps showing the distribu- tion of the forests, together with such field notes as may be taken relating thereto, shall be certified there- to by the Director of the Survey and filed in the General Land Office. (June 4, 1897, c. 2, § 1, 30 Stat. 34.) § 5125. (3) Purposes for which reserves may be established and administered—All public lands heretofore designated and reserved by the President Of the United States under the provisions Of the Act approved March third, eighteen hundred and ninety- one, the Orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said Act, shall be as far as practicable controlled and admin- ‘istered in accordance with the following provisions: no public forest reservation shall be established, ex- cept to improve and protect the forest Within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a Continuous supply of timber for the use and necessities of Citizens Of the United States; but it is not the purpose Or in- tent of these provisions, or of the Act providing for such reservations, to authorize the inclusion there- in Of lands more valuable for the mineral therein, Or for agricultural purposes, than for forest purposes. (June 4, 1897, c. 2, § 1, 30 Stat. 34.) See § 5121. § 5126. (4) Protection of reserves; rules and regulations—The [Secretary Of the Interior] shall Imake provisions for the protection against destruction by fire and depredations upon the public forests and forest reservations which may have been set aside Or which may be hereafter set aside under the said Act of March third, eighteen hundred and ninety-One, and which may be continued ; and he may make Such rules and regulations and establish Such Service as will insure the Objects Of Such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any Viola- tion of the provisions of this Act Or Such rules and regulation shall be punished as is provided for in the Act of June fourth, eighteen hundred . and eighty- eight, amending section fifty-three hundred and eighty- eight of the Revised Statutes of the United States. (June 4, 1897, c. 2, § 1, 30 Stat. 35.) - Text in brackets superseded by § 823. See § 5121. . § 5127. (5) Sale of timber—For the purpose of preserving the living and growing timber and pro- moting the younger growth on forest reservations, the [Secretary of the Interior], under such rules and regu- lations as he shall prescribe, may cause to be designat- ed and appraised so much of the dead, matured, Or large growth of trees found upon such forest reserva- tions as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in Such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, respectively, but not for export there- from. Before such sale shall take place notice there- of shall be given by the [Commissioner of the Gener- al Land Office], for not less than thirty days, by pub- lication in one or more newspapers of general cir- culation, as he may deem necessary, in the State of Territory where such reservation exists: Provided, however, That in cases of unusual emergency the [Secretary of the Interior] may, in the exercise of his discretion, permit the purchase of timber and cord wood in advance of advertisement of sale at rates of value approved by him and subject to payment of the full amount Of the highest bid resulting from the usual advertisement Of Sale: Provided further, That he may, in his discretion, sell without advertise- ment, in quantities to Suit applicants, at a fair ap- praisement, timber and Cord Wood not exceeding in value One hundred dollars stumpage: And provided further, That in Cases in which advertisement is had and no satisfactory bid is received, or in cases in which the bidder fails to complete the purchase, the timber may be sold, without further advertisement, at private sale, in the discretion of the Secretary of the Interior, at not less than the appraised Valuation, in Quantities to suit purchasers: And provided further, That the provisions of this Act shall not apply to existing forest reservations in the State of California, Or to reservations that may be hereafter Created with- in said State ; payments for such timber to be made to the receiver Of the local land Office Of the district wherein said timber may be sold, under Such rules and regulations as the Secretary of the Interior may prescribe; and the moneys arising therefrom shall be accounted for by the receiver of such land office to the [Commissioner of the General Land Office], in a separate account, and shall be covered into the Treas- ury. Such timber, before being sold, shall be marked and designated, and shall be cut and removed under the Supervision Of Some person appointed for that purpose by the [Secretary of the Interior], not interest- ed in the purchase or removal of such timber nor in the employment of the purchaser thereof. Such su- pervisor shall make report in writing to the [Com- missioner of the General Land Office] and to the re- ceiver in the land Office in which such reservation shall be located Of his doings in the premises. (June 4, 1897, c. 2, § 1, 30 Stat. 35, amended, June 6, 1900, c. 804, 31 Stat. 661.) § 5128. (6) Use of timber and stone by set- tlers—The Secretary of the Interior may permit, un- der regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, build- ings, mining, prospecting, and other domestic pur- poses, as may be needed by such persons for such pur- poses; such timber to be used within the State Or Territory, respectively, where such reservations may be located. (June 4, 1897, c. 2, § 1, 30 Stat. 35.) § 5129. (7) Egress or ingress of actual set- tiers; prospecting—Nothing herein shall be Constru- ed as prohibiting the egress or ingress of actual set- tlers residing within the boundaries of Such reserva- tions, or from crossing the same to and from their property Or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from enter- ing upon such forest reservations for all proper and lawful purposes, including that of prospecting, locat- ing, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) I8. Repealed.] Repealed by Act March 3, 1905, c. 1495, 33 Stat. 1264. § 5.130. (9) Sites for schools and churches— The Settlers residing within the exterior boundaries of Such forest reservations, Or in the vicinity there- of, may maintain schools and churches within such reservation, and for that purpose may OCCupy any Tit. 32A) ź 5139 THE NATIONAL FORESTS [Page 777] part of the said forest reservation, not exceeding tWO acres for each schoolhouse and One acre for a church. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) § 5131. (10) Civil and criminal jurisdiction - The jurisdiction, both civil and criminal, Over per- sons within such reservations shall not be affected or changed by reason of the existence of such reser- vations, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this provision being that the State wherein any such reservation is situated shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) º § 5132. (11) Use of waters—All waters on SUICh reservations may be used for domestic, mining, mill- ing, or irrigation purposes, under the laws Of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) § 5133. (12) Mineral lands; restoration to public domain; location and entry-Upon the reg- ommendation of the Secretary of the Interior, With the approval of the President, after sixty days' no- tice thereof, published in two papers of general cir- culation in the Stäte or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any forest reservation which have been or which may be ShoWn to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be Sub- ject to such location and entry, notwithstanding any provisions herein contained. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) § 5134. (13) Modification or vacation of ex- ecutive orders—The President is hereby authorized at any time to modify any Executive Order that has been or may hereafter be made establishing any for- est reserve, and by such modification may reduce the area or change the boundary lines Of Such reserve, or may vacate altogether any order Creating Such reserve. (June 4, 1897, c. 2, § 1, 30 Stat. 36.) § 5135. No reserves created, and no additions made exeept by act of Congress—Hereafter no for- est reserve shall be created, nor shall any additions be made to one heretofore created within the limits of the States of Oregon, Washington, Idaho, Mon- tana, Colorado, or Wyoming, except by Act of Con- gress. (March 4, 1907, c. 2907, 34 Stat. 1271.) § 5136. Establishment of exterior boundaries of reserves—Hereafter all standard, meander, to Wn- ship, and section lines of the public land Surveys Shall, as heretofore, be established under the direction and Supervision of the Commissioner of the General Land Office, whether the lands to be surveyed are within or without reservations, except that where the exterior boundaries of public forest reservations are required to be coincident with standard, township, or section lines such boundaries may, if not previously estab- lished in the Ordinary course of the public land surveys, be established and marked under the Su- pervision of the Director of the United States Geo- logical Survey whenever necessary to complete the survey of such exterior boundaries. (March 3, 1899, c. 424, § 1, 30 Stat. 1097.) § 5137. Sale of mature, dead, and down tim- ber—The Secretary of Agriculture, under such rules and regulations as he shall establish, is heréby au- thorized and directed to sell at actual cost, to home- stead settlers and farmers, for their domestic use, the mature, dead, and down timber in national for- ests, but it is not the intent of this provision to re- strict the authority of the Secretary of Agriculture to permit the free use of timber as provided in the Act of June fourth, eighteen hundred and ninety-Seven. (Aug. 10, 1912, c. 284, 37 Stat. 287.) § 5137a. Deposits from timber purchasers to defray cost of disposing of débris–Hereafter de- posits may be received from timber purchasers in Such Sum's as the Secretary of Agriculture may re- quire to cover the cost to the United States of dispos- ing of brush and other débris resulting from Cutting Operations in sales of national forest timber ; Such deposits shall be covered into the Treasury and Shall constitute a special fund, which is hereby appropri- ated and made available until expended, as the Secre- tary of Agriculture may direct, to pay the cost of Such work and to make refunds to the depositors of amounts deposited by them in excess of Such COSt. (Aug. 11, 1916, c. 313, 39 Stat. 462.) - © § 5138. Export of timber and other products —The Secretary of Agriculture may, in his discretion, permit timber and other forest products Cut Or re- moved from the national forests to be exported from the State or Territory in which said forests a re-re- Spectively situated. 1145.) § 5138a. Earth, stone, and timber for Navy, and Government works in Alaska—Hereafter the Secretary of Agriculture, under regulations to be prescribed by him, is hereby authorized to permit the Navy Department to take from the national for- ests such earth, stone, and timber for the use of the Navy as may be compatible with the administration Of the national forests for the purposes for Which they are established, and also in the same manner to permit the taking of earth, Stone, and timber from the national forests for the construction of Govern- ment railways and other Government works in Alas- ka: Provided, That the Secretary of Agriculture shall Submit With his annual estimates a report of the quantity and market value of earth, stone, and tim- ber furnished as herein provided. (March 4, 1915, c. 144, 38 Stat. 1100.) § 5139. Calaveras Bigtree National Forest— The Secretary of Agriculture, to secure and protect for all time the big trees scientifically known as Sequoia. Washingtoniana, is hereby empowered, in his discretion, to obtain for the United States the Complete title to any or all of the following-de- SCribed lands in the State Of California: In town- ship four north, range fifteen east Mount Diablo Ime- ridian, the northeast quarter of section One ; in town- ship four north, range sixteen east, Mount Diablo meridian, the north half of section six ; in town- ship five north, range fifteen east, Mount Diablo me- ridian, the Southwest quarter Of Section fourteen, South half of Section fifteen, north half of Section twenty-two, northwest quarter Of Section twenty- three, and Southeast quarter of section thirty-six, and in township five north, range sixteen east, Mount Diablo meridian, the West half of section twenty- eight, the east half and Southwest quarter Of Section twenty-nine, the Southeast quarter of section thirty, all of Sections thirty-One, thirty-two, and the north- west quarter of section thirty-three. And such area Or areas, as fast as COmplete title is acquired, shall be permanently held by the United States and shall be known as the Calaveras Bigtree National Forest and shall be administered, and protected, by the Sec- retary of Agriculture from the funds appropriated for the administration of National Forest land to prolong the existence, growth, and promote the re- production of said big trees: Provided, That the Owners Of land acquired hereunder shall COnvey to the United States full title to any of the above-de- (March 4, 1917, c. 179, 39 Stat. ź 5140 (Tit. 32A THE NATIONAL FORESTS [Page 778.I S.bribed areas approved for said national forest by the Secretary of Agriculture, the completeness of Such title to be determined by the Secretary of the Interior in each case, and shall be reimbursed there- for Only in one or both of the following ways: (1) They may be given the right to file with the Secretary Of the Interior, within sixty days after such convey- ance, Selections of surveyed, unappropriated, nonmin- eral public lands or of nonmineral national forest lands, and if the lands so selected shall be found sub- ject to Selection and of the actual value in lands and Stumpage substantially equal to that of the lands and Stumpage conveyed they may be patented to said OWners in lieu of the conveyed lands: Provided, how- ever, That in any case where any part of the lands Selected is national forest land, the approval of the Secretary of Agriculture shall first be secured with re- Spect to Such part, or (2) the Secretary of Agriculture may grant to any such conveying owner the right to Cut from national forest land an amount of timber alld WOOd, substantially equal to the amount of tim- ber and .Wood on the land acquired by the United States under the provisions of this Act : Provided, That nothing contained in this Act shall warrant an appropriation from the Treasury to carry out the terms of this Act. (Feb. 18, 1909, c. 143, 35 Stat. 626, amended, May 7, 1912, c. 105, 37 Stat. 108.) § 5140. Hueases of lands for sanitariums or hotels—That the Secretary of the Interior be, and hereby is, authorized, under such rules and regula- tions as he from time to time may make, to rent or lease to responsible perSons Or Corporations applying therefor Suitable spaces and portions of ground near, Or adjacent to, mineral, medicinal, or other Springs, with- in any forest reserves established within the United States, or hereafter to be established, and where the public is accustomed or desires to frequent, for health or pleasure, for the purpose Of erecting upon Such leased ground sanitariums or hotels, to be opened for the reception of the public. And he is further au- thorized to Imake Such regulations, for the Convenience of people visiting such springs, with reference to Spaces and locations, for the erection of tents or tem- porary dwelling houses to be erected or constructed for the use of those Visiting such springs for health Or pleasure. And the Secretary Of the Interior is authorized to prescribe the terms and duration and the compensation to be paid for the privileges granted under the provisions of this Act. 221, § 1, 30 Stat. 908.) § 5141. Same; disposition of funds from- All funds arising from the privileges granted here- under shall be covered into the Treasury Of the Unit- ed States as a special fund, to be expended in the care of public forest reservations. (Feb. 28, 1899, c. 221, § 2, 30 Stat. 908.) § 514la. Use and occupation of lands for surm- mer homes, hotels and stores—Hereafter the Secre- tary of Agriculture may, upon such terms as he may deem proper, for periods not exceeding thirty years, permit responsible persons or associations to use and occupy suitable spaces or portions of ground in the national forest for the construction of Summer homes, hotels, stores, or other structures needed for recre- ation or public convenience, not exceeding five acres to any one person or association, but this shall not be construed to interfere with the right to enter home- steads upon agricultural lands in national forests as now provided by law. (March 4, 1915, c. 144, 38 Stat. 1101.) - § 5142. Disposition of money received from sale of products or use of land–All money received from the sale of any productS or the use of any land or resources of said forest reserves shall be covered into the Treasury of the United States and for a period of five years from the passage of this Act shall constitute a special fund available, until expended, as the Secretary of Agriculture may direct, for the (Feb. 28, 1899, c. | protection, administration, improvement, and exten- Sion of Federal forest reserves. § 5, 33 Stat. 628.) § 5143. Same; special fund continued; esti- mates of expenditures—The forest-reserve special fund provided for in section five of the Act approved February first, nineteen hundred and five, entitled “An Act providing for the transfer of forest reserves from the Department of the Interior to the Depart- ment Of Agriculture,” shall continue until other- Wise provided by law; but after June thirtieth, nine- teen hundred and eight, it shall not be expended ex- Cept in accordance with specific estimates of expen- ditures to be made from said fund for the Succeeding fiscal year, to be submitted by the secretary of Agri- Culture With the estimates of appropriation in the annual Book of Estimates. (June 30, 1906, c. 3918, 34 Stat. 684.) § 5144. Sales of timber on reserves in Califor- nia-Hereafter sales of timber on forest reserves in the State of California shall in every respect conform to the law governing such sales in other States, as Set forth in the Act of June sixth, nineteen hundred (Thirty-First Statutes at Large, page six hundred and sixty-one). (June 30, 1906, c. 3913, 34 Stat. 684.) See § 5127. - § 5145. Disposal of moneys received; refund of excess-Hereafter all moneys received as contribu- tions toward Cooperative work in forest investigations, Or the protection and improvement of the national forests, shall be covered into the Treasury and shall Constitute a Special fund, which is hereby appropriat- ed and made available until expended, as the Secre- tary of Agriculture may direct, for the payment of the expenses of Said investigations, protection, or im- provements by the Forest Service, and for refunds to the Contributors of amounts heretofore or here- after paid in by them in excess of their share of the Cost of Said investigations, protection, or improve- ments: Provided, That annual report shall be made to Congress of all such moneys so received as con- tributions for such cooperative work. (June 30, 1914, c. 131, 38 Stat. 430.) § 5146. Disposal of money received by or on account of Forest Service; refund of excess—All money received after July first, nineteen hundred and Seven, by Or On account of the forest service for tim- ber, or from any other source of forest reservation rev- enue, Shall be covered into the Treasury of the Unit- ed States as a miscellaneous receipt and there is hereby appropriated and made available as the Secre- tary Of Agriculture may direct out of any funds in the Treasury not otherwise appropriated, so much as may be necessary to make refunds to depositors of money heretofore or hereafter deposited by them to Secure the purchase price on the sale of any products Or for the use of any land Or resources of the na- (Feb. 1, 1905, c. 288, tional forests in excess of amounts found actually due from them to the United States: * * 4, 1907, c. 2907, 34 Stat. 1270.) § 5147. Same; refund of moneys erroneously collected—That SO much of an Act entitled “An Act making appropriations for the Department of Agricul- ture for the fiscal year ending June thirtieth, nine- teen hundred and eight,” approved March fourth, nineteen hundred and seven (Thirty-fourth Statutes at Large, pages twelve hundred and fifty-six and twelve hundred and seventy), which provides for refunds by the Secretary of Agriculture to depositors of moneys to Secure the purchase price of timber or the use of lands Or resources Of the national forests such Sums as may be found to be in excess of the amounts found actually due the United States, be, and is here- by, amended hereafter to appropriate and to include so much as may be necessary to refund or pay over to the rightful claimants such sums as may be found by the Secretary of Agriculture to have been erro- neously collected for the use of any lands, or for tim- ber or other resources sold from lands located within, (March Tit. 32A) 3 5157 THE NATIONAL FORESTS IPage 779] but not a part of, the national forests, or for alleged illegal acts done upon such lands, which acts are sub- sequently found to have been proper and legal; and the Secretary Of Agriculture shall make annual re- port to COngress Of the amounts refunded hereunder. (March 4, 1911, c. 238, 36 Stat. 1253.) § 5148. Reimbursement to owners of equip- ment damaged or destroyed while fire-fighting— Hereafter the Secretary of Agriculture is authorized to reinaburse owners of horses, vehicles, and Other equipment lost, damaged, or destroyed while being used for necessary fire fighting, trail, or official busi- neSS, Such reimbursement to be made from any avail- able funds in the appropriation to which the hire of such equipment is properly chargeable. (March 4, 1913, c. 145, 37 Stat. 843.) . § 5149. Payment of money received from forest reserve to State or Territory for schools and roads—Hereafter twenty-five per centunt Of all money received from each forest reserve during ally fiscal year, including the year ending June thirtieth, nineteen hundred and eight, shall be paid at the end thereof by the Secretary of the Treasury to the State or Territory in which said reserve is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated: Provided, That when any forest reserve is in more than One State Or Territory or county the distributive share to each from the pro- ceeds of Said reserve shall be proportional to its area therein. (May 23, 1908, c. 192, 35 Stat. 260.) § 5150. Additional expenditures from re- ceipts for roads and trails; co-operation with State authorities—EIereafter an additional ten per centum of all moneys received from the national for- ests during each fiscal year shall be available at the end thereof, to be expended by the Secretary of Agri- Culture for the construction and maintenance Of roads and trails within the national forests in the States from which such proceeds are derived ; but the Sec- retary of Agriculture may, whenever practicable, in the construction and maintenance of such roads, Se- Cure the cooperation or aid of the proper State Or Ter- ritorial authorities in the furtherance Of any System of highways of which such roads may be made a part. (March 4, 1913, c. 145, 37 Stat. 843.) § 5150a. Appropriation for roads and trails; co-operation of states; aggregate expenditure- There is hereby appropriated and made available un- til expended, out of any moneys in the National Treas- ury not otherwise appropriated, the sum of $1,000,- 000 for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and each fiscal year there- after, up to and including the fiscal year ending June thirtieth, nineteen hundred and twenty-six, in all $10,000,000, to be available until expended un- der the Supervision of the Secretary of Agri- culture, upon request from the proper officers of the State, Territory, or county for the survey, construc- tion, and maintenance of roads and trails within or only partly within the national forests, when neces- sary for the use and development of resources upon which communities within and adjacent to the nation- al forests are dependent: Provided, That the State, Territory, or county shall enter into a co-operative agreement with the Secretary of Agriculture for the Survey, Construction, and maintenance of Such roads or trails, upon a basis equitable to both the State, Territory, or County, and the United States: And provided also, That the aggregate expenditures in any State, Territory, or county shall not exceed ten per centum of the value, as determined by the Secretary of Agriculture, of the timber and forage resources which are or will be available for income upon the national forest lands within the respective county or COunties wherein the roads or trails will be construct- ed; and the Secretary Of Agriculture shall make an- nual report to Congress of the amounts expended here- under. That immediately upon the execution of any co- Operative agreement hereunder the Secretary Of Agri- culture shall notify the Secretary of the Treasury of the amount to be expended by the United States with- in or adjacent to any national forest thereunder, and beginning with the next fiscal year and each fiscal year thereafter the Secretary of the Treasury shall apply from any and all revenues from Such forest ten per centum thereof to reimburse the United States for expenditures made under such agreement until the whole amount advance] under such agreement shall have been returned from the receipts from Such na- tional forest. (July 11, 1916, c. 241, § 8, 39 Stat. 358.) § 5151. Use of timber for telephone lines for fire protection—Hereafter the Secretary of Agricul- ture, whenever he may deem it necessary for the protection of the national forests from fire, may per- mit the use of timber free of charge for the Construc- tion Of telephone lines. (March 4, 1913, c. 145, 37 Stat. 843.) § 5152. Forest supervisors and rangers—For- est Supervisors and rangers Shall be selected, When practicable, from qualified Citizens Of the States or Territories in which the said reserves, respectively, are situated. (Feb. 1, 1905, c. 288, § 3, 33 Stat. 628.) –$–5-153. Arrests for violations of laws arid regulations—All persons employed in the forest re- Serve and national park Service of the United States Shall have authority to make arrests for the viola- tion of the laws and regulations relating to the forest reserves and national parks, and any person so arrest- ed shall be taken before the nearest United States commissioner, within whose jurisdiction the reserva- tion or national park is located, for trial; and upon sworn information by any competent person any United States Commissioner in the proper jurisdic- tion shall issue process for the arrest of any person charged with the violation of said laws and regula- tions; but nothing herein Contained shall be con- stried as preventing the arrest by any officer of the TJnited States, without process, of any person taken in the act of Violating Said laws and regulations. (March 3, 1905, c. 1405, 33 Stat. 872.) § 5154. Duties of officials of Forest Service— IHereafter officials of the Forest Service designated by the Secretary of Agriculture shall, in all ways that are practicable, aid in the enforcement of the laws of the States or Territories with regard to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and with respect to National Forests, shall aid the other Federal Bu- reaus and Departments On request from them, in the performance of the duties imposed on them by law. (May 23, 1908, c. 192, 35 Stat. 259.) § 51.55. Leaves of absence to employees of Forest Service in Alaska—Hereafter the employees of the Forest Service who are assigned to permanent duty in Alaska may, in the discretion of the Secre. tary of Agriculture, without additional expense to the Government, be granted leave of absence not to exceed thirty days in any one year, which leave may, in exceptional and meritorious Cases, where such an employee is ill, be extended, in the discretion of the Secretary of Agriculture, not to exceed thirty days additional in any one year. (March 4, 1913, c. 145, 37 Stat. 843.) § 5156. Gamme breeding areas in Wichita. For- est Reserve—The President Of the United States is hereby authorized to designate such areas in the Wichita Forest Reserve as should, in his opinion, be set aside for the protection of game animals and birds and be recognized as a breeding place therefor. (Jan.' 24, 1905, c. 137, § 1, 33 Stat. 614.) § 5157. Salme; hunting, trapping, killing, or capturing game unlawful—When such areas have been designated as provided for in section one of this Act, hunting, trapping, killing, or capturing of ź 5158 (Tit. 32A THE NATIONAL FORESTS [Page 7SOI game animals and birds upon the lands of the United States within the limits of said areas shall be unlaw- ful, except under such regulations as may be pre- scribed from time to time, by the Secretary of Agri- culture; and any person violating such regulations or the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction in any United States court of competent jurisdiction, be fined in a sum not exceeding one thousand dollars or be imprisoned for a period not exceeding one year, or shall suffer both fine and imprisonment, in the dis- Cretion Of the COurt. § 5158. Same; operation of local game 1aws —It is the purpose of this Act to protect from tres- pass the public lands of the United States and the game animals and birds which may be thereon, and not to interfere with , he operation of the local game laws as affecting private, State or Territorial lands. (Jan. 24, 1905, c. 137, § 3, 33 Stat. 614.) § 5159. Game breeding areas in Gramá Cam- yon. Forest Reserve—The President Of the United States is hereby authorized to designate such areas in the Grand Canyon Forest Reserve as should, in his opinion, be set aside for the protection of game animals and be recognized as a breeding place there- for. (June 29, 1906, c. 3593, § 1, 34 Stat. 607.) § 5160. Same; hunting, trapping, killing, or ea pturing game—When Such areas have been des- ignated as provided in section one of this Act, hunting, trapping, killing, or capturing of game animals upon the lands of the United States within the limits of Said areas shall be unlawful, except under Such regu- Iations as may be prescribed from time to time by the Secretary of Agriculture; and any person violat- ing such regulations or the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction in any United States court of compe- tent jurisdiction, be fined in a sum not exceeding One thousand dollars, or by imprisonment for a period not exceeding one year, or shall suffer both fine and imprisonment, in the discretion of the court. (June 29, 1906, c. 3593, § 2, 34 Stat. 607.) § 5161. Same; operation of local game laws —It is the purpose of this Act to protect from tres- pass the public lands of the United States and the game animals which may be thereon, and not to interfere with the Operation of the local game laws as affecting private, State, or Territorial lands. (June 29, 1906, c. 3593, § 3, 34 Stat. 607.) § 5162. Agricultural lands opened to home- stead entry—The Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon ap- plication or otherwise, to examine and ascertain as to the location and extent of lands within permanent or temporary forest reserves, except the following counties in the State of California, Inyo, Tulare, Rern, San Luis Obispo, Santa Barbara, Ventura, Ilos Angeles, San Bernardino, Orange, Riverside, and San Diego; which are chiefly valuable for agriculture, and which, in his Opinion, may be occupied for agri- Cultural purposes without injury to the forest re- serves, and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and file the lists and descrip- tions with the Secretary of the Interior, with the request that the said lands be opened to entry in ac- COrdance with the provisions of the homestead laws and this Act. Upon the filing of any such list or description the Secretary of the Interior shall declare the said lands . Open to homestead settlement and entry in tracts not exceeding one hundred and sixty acres in area and not exceeding one mile in length, at the expira- tion of Sixty days from the filing of the list in the land office of the district within which the lands are located, during which period the said list or descrip- tion shall be prominently posted in the land office and advertised for a period of not less than four (Jan. 24, 1905, c. 137, § 2, 33. weeks in one newspaper of general circulation pub- lished in the county in which the lands are situated: Provided, That any settler actually occupying and in good faith claiming such lands for agricultural pur- poses prior to January first, nineteen hundred and six, and who shall not have abandoned the same, and the person, if qualified to make a homestead entry, upon whose application the land proposed to be en- tered was examined and listed, shall, each in the order named, have a preference right of settlement and entry: Provided further, That any entryman de- siring to obtain patent to any lands described by metes and bounds entered by him under the provi- sions of this Act shall, within five years of the date of making settlement, file, with the required proof of residence and cultivation, a plat and field notes of the lands entered, made by or under the direction Of the United States Surveyor-general, showing a C- curately the boundaries of such lands, Which shall be distinctly marked by monuments on the ground, and by posting a copy of such plat, together With a notice of the time and place of offering proof, in a conspicuous place on the land embraced in Such plat during the period prescribed by law for the publication of his notice of intention to offer proof, and that a copy of such plat and field notes shall also be kept posted in the office of the register of the land Office for the land district in which Such lands are situated for a like period; and further, that any agricultural lands within forest reserves may, at the discretion of the Secretary, be surveyed by metes and bounds, and that no lands entered under the provisions of this Act shall be patented under the commutation provisions of the homestead laws, but settlers, upon final proof, shall have credit for the period of their actual residence upon the lands COV- ered by their entries. (June 11, 1906, c. 3074, § 1, 34 Stat. 233.) § 5163. Same; exception of counties in Cali- fornia—An Act entitled “An Act to provide for the entry of agricultural lands within forest reserves,” approved June eleventh, nineteen hundred and six, be amended by striking out of section one the fol- lowing words: “except the following counties in the State of California: Inyo, Tulare, Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego.” (May 30, 1908, c. 233, 35 Stat. 554.) § 5164. Land not to pass from forest until patent issues—No land listed under the Act of June eleventh, nineteen hundred and six, shall pass from the forest until patent issues. (Aug. 10, 1912, c. 284, 37 Stat. 287.) § 5165. Additional homestead right of entry to former settlers—Settlers upon lands chiefly valu- able for agriculture within forest reserves On Janu- ary first, nineteen hundred and six, who have already . exercised or lost their homestead privilege, but are Otherwise COmpetent to enter lands under the home- stead laws, are hereby granted an additional home- stead right of entry for the purposes of this Act Only, and Such Settlers must otherWise COmply with the provisions of the homestead law, and in addition thereto must pay two dollars and fifty cents per acre for lands entered under the provisions of this sec- tion, Such payment to be made at the time Of making final proof on such lands. (June 11, 1906, c. 3074, § 2, 34 Stat. 234.) § 5166. Entries in Black Hills Reserve sub- ject to mining laws and to appropriation of wa- ters—All entries under this Act in the Black Hills Forest Reserve shall be subject to the quartz or lode mining laws of the United States, and the laws and regulations permitting the location, appropriation, and use Of the Waters within the Said forest reserves for mining, irrigation, and other purposes; and no titles acquired to agricultural lands in said Black Hills Forest Reserve under this Act shall vest in the patentee any riparian rights to any stream Or streams Of flowing Water within said reserve; and that Such Tit. 32A) ź 5179 THE NATIONAL FORESTS [Page 781.I limitation of title shall be expressed in the patents for the lands covered by such entries. (June 11, 1906, c. 3074, § 3, 34 Stat. 234.) §§ 5167–5169. , [Repealed.] Section B167 prohibited homestead settlements in that portion of the Black Hills Forest Reserve, in Lawrence and Pennington counties, South Dakota, except to persons occupying lands therein prior to Jan. 1, 1906. Section_5168 eXCepted certain described townships in the Blacle Hills Forest Reserve, in Pennington county, South Dakota, from the operation of Act June 11, 1906, c. 3074, § 4. Section 5169 excepted other certain described townships in said Reserve from the operation of said Act June 11, 1906, c. 3074, § 4. These sections were repealed by Act Aug. 8, 1916, c. 295, § 5169a. § 5169a. Laws repealed; lands eovered there- by subject to existing laws—That section four Of the Act of Congress, approved June eleventh, nineteen hundred and six, entitled “An Act to provide for the entry of agricultural lands within forest reserves,” as amended by the Act of February eighth, nineteen hundred and seven (Statutes at Large, volume thirty- four, page eight hundred and eighty-three), and by the Act of July third, nineteen hundred and twelve (Stat- utes at Large, Volume thirty-seven, page One hundred and eighty-eight), be, and the same is hereby, repealed. All lands within national forests in Lawrence and Pennington Counties, in South Dakota, shall be and remain subject to all other provisions of the said Act Of June eleventh, nineteen hundred and six, and Acts amendatory thereof and Supplementary thereto. (Aug. 8, 1916, c. 295, 39 Stat. 440.) § 5170. Future settlements on lands within reserves, and rights of former bona fide settlers —Nothing herein contained shall be held to authorize any future settlement on any lands within forest reserves until such lands have been Opened to settle- Iment as provided in this Act, or to in any way impair the legal rights of any bona fide homestead settler Who has or shall establish residence upon public lands prior to their inclusion within a forest reserve. (June 11, 1906, c. 3074, § 5, 34 Stat. 234.) § 5171. Reinstatement of entries canceled or relinquished—All homestead entries which have been canceled or relinquished, or are invalid solely because of the erroneous allowance of Such entries after the withdrawal of lands for national forest pur- poses, may be reinstated or allowed to remain intact, but in the case of entries heretofore Canceled appli- cations for reinstatement must be filed in the proper local land Office prior to July first, nineteen hundred and twelve. (March 3, 1911, c. 225, § 1, 36 Stat. 1084.) § 5172. Rights of contestants prior to with- drawal of land for forest purposes—In all Cases where Contests were initiated under the provisions of the Act of May fourteenth, eighteen hundred and eighty, prior to the withdrawal of the land for na- tional forest purposes, the qualified successful Con- testants may exercise their preference right to enter the land within Six months after the passage Of this Act. (March 3, 1911, c. 225, § 2, 36 Stat. 1084.) § 5173. Segregation of lands for homestead entry—The Secretary of Agriculture is hereby direct- ed and required to select, classify, and Segregate, as soon as practicable, all lands within the boundaries of national forests that may be Opened to settlement and entry under the homestead laws applicable to the national forests, and the sum of $100,000 is hereby appropriated for the purposes aforesaid: Provided, That not to exceed $35,000 of this sum may be ex- pended under the direction of the Secretary of Agri- culture for the examination, Survey, and platting of Certain lands now listed Or to be listed within nation- al forests Chiefly Valuable for agriculture and describ- ing such lands by metes and bounds, as required by the act of June eleventh, nineteen hundred and six (Thirty-fourth Statute, page two hundred and thirty- three), and the act of March third, eighteen hundred and ninety-nine (Thirtieth Statute, page ten hundred and ninety-five), and hereafter such surveys, and the plats and field notes thereof, shall be made by em- ployees of the Forest Service, to be designated by the United States Surveyor general, and such surveys and the plats and field notes thereof shall be approved by the United States surveyor general. (March 4, 1913, c. 145, 37 Stat. 842.) § 5174. Consent to agreement by States for conservation of forests and water supply—The COnsent Of the COngreSS Of the United States is here- by given to each of the Several States Of the Union to enter into any agreement or compact, not in conflict with any law of the United States, with any . Other State or States for the purpose of conserving the for- ests and the water supply of the States entering into such agreement or compact. (March 1, 1911, c. 186, § 1, 36 Stat. 961.) § 5175. Appropriation for co-operation with States for protection from fire—The Sum Of tw.O hundred thousand dollars is hereby appropriated and made available until expended, Out of any moneys in the National Treasury not otherwise appropriated, to enable the Secretary of Agriculture to cooperate with any State or group of States, when requested to do So, in the protection from fire of the forested water- sheds of navigable streams; and the Secretary of Agriculture is hereby authorized, and On Such condi- tions as he deems wise, to stipulate and agree with any--State or—group of States to COOperate in the Organization and maintenance of a system of fire protection. On any private Or State forest lands within Such State or States and situated upon the watershed of a navigable river: Provided, That no such stipula- tion or agreement shall be made with any State which has not provided by law for a system of forest-fire protection: Provided further, That in no case shall the amount expended in any State exceed in any fiscal year the amount appropriated by that State for the same purpose during the same fiscal year. (March 1, 1911, c. 186, § 2, 36 Stat. 961.) § 5176. Examination, survey and acquire- ment of lands on headwaters of navigable streams—There is hereby appropriated, for the fiscal year ending June thirtieth, nineteen hundred and ten, the Sum Of One million dollars, and for each fiscal year thereafter a sum not to exceed two million dol- lars for use in the examination, survey, and acquires nent Of lands located. On the headWaters of navigable streams or those which are being or which may be de- veloped for navigable purposes: Provided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and fif- teen. (March 1, 1911, c. 186, § 3, 36 Stat. 961.) § 5177. National Forest Reservation Commis- sion—A Commission, to be known as the National Forest Reservation Commission, consisting of the Sec- retary of War, the Secretary of the Interior, the Sec- retary of Agriculture, and two members of the Sen- ate, to be selected by the President of the Senate and two members of the House of Representatives, to be selected by the Speaker, is hereby created and au- thorized to consider and pass upon such lands as may be recommended for purchase as provided in section six of this Act, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said commission: Provided, That the members of the Commission herein created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the manner as the Original appointment. (March 1, 1911, c. 186, § 4, 36 Stat. 962.) - § 5178. Saxae; annual reports—The commis- sion hereby appointed shall, through its president, annually report to Congress, not later than the first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fis- cal year. (March 1, 1911, c. 186, § 5, 36 Stat. 962.) § 5179. Examination, location and recommen- dation of lands for purchase and report by See- 3 5180 (Tit. 32A THE NATYONAL FORESTS [Page 782] retary of Agriculture—The Secretary Of Agricul- ture is hereby authorized and directed to examine, locate, and recommend for purchase such lands as in his judgment may be necessary to the regulation Of the flow of navigable streams, and to report to the National Forest Reservation Commission the re- SultS Of Such examinations: Provided, That before any lands are purchased by the National Forest Res- ervation Commission said lands shall be examined by the Geological Survey and a report made to the Secretary of Agriculture, showing that the control Of Such lands will promote or protect the navigation of streams on whose watersheds they lie. (March 1, 1911, c. 186, § 6, 36 Stat. 962.) § 5180. Purchase of lands approved by Com- mission; corisent of State—The Secretary of Agri- Qulture is hereby authorized to purchase, in the name of the United States, such lands as have been ap- proved for purchase by the National Forest Reserva- tion Commission at the price or prices fixed by said commission: Provided, That no deed or other instru- ment Of conveyance shall be accepted or approved by the Secretary of Agriculture under this Act until the legislature Of the State in which the land lies shall have Consented to the acquisition of Such land by the United States for the purpose of preserving the navigability of navigable streams. (March 1, 1911, c. 186, § 7, 36 Stat. 962.) § 5181. Title to lands to be acquired—The Secretary of Agriculture may do all things necessary to Secure the Safe title in the United States to the lands to be acquired under this Act, but no payment shall be made for any such lands until the title shall be satisfactory to the Attorney-General and shall be Vested in the United States. § 8, 36 Stat. 962.) ; § 5182. Acquisition of lands not defeated by rights of way, easements and reservations—Such acquisition by the United States shall in no case be defeated because of located Or defined rights Of Way, easements, and reservations, which, from their nature will, in the Opinion of the National Forest Iteserva- tion Commission and the Secretary of Agriculture, in no manner interfere with the use Of the lands SO encumbered, for the purposes of the Act: Provided, That such rights of way, easements, and reservations retained by the Owner from whom the United States receives title, shall be subject to the rules and regula- tions prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and ad- ministration, and that such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, Occupation, and Operation of such rights Of way, easements, and reservations shall be under, Subject to, and in Obedience with the rules and regulations so expressed. (March 1, 1911, c. 186, § 9, 36 Stat. 962, amended, March 4, 1913, c. 145, 37 Stat. 855.) § 5183. Agricultural lands included in tracts acquired—Inasmuch as Small areas of land Chiefly valuable for agriculture may of necessity or by in- advertence be included in tracts acquired under this Act, the Secretary of Agriculture may, in his dis- Cretion, and he is hereby authorized, upon applica- tion or Otherwise, to examine and ascertain the loca- tion and extent Of Such areas as in his Opinion may be OCCupied for agricultural purposes without injury to the forests Or to stream flow and which are not needed for public purposes, and may list and describe the same by metes and bounds, or Otherwise, and Offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding eighty acres in area, under such joint rules and regulations as the Secretary of Agricul- ture and the Secretary of the Interior may prescribe; and in Case Of Such sale the jurisdiction Over the lands Sold shall, ipso facto, revert to the State in which the lands Sold lie. And no right, title, in- (March 1, 1911, c. 186, terest, or claim in or to any lands acquired under this Act, or the waters thereon, or the products, re- SOurces, Or use thereof after Such lands Shall have been SO acquired, shall be initiated Or perfected, ex- cept as in this section provided. (March 1, 1911, c. 186, § 10, 36 Stat. 962.) § 5184. Lands acquired to be reserved, held and administered as national forest lands; des- ignation—Subject to the provisions of the last pre- Ceding section, the lands acquired under this Act shall be permanently reserved, held, and administered as national forest lands under the provisions Of Section twenty-four Of the Act approved March third, eight- een hundred and ninety-One (Volume twenty-six, Stat- utes at Large, page eleven hundred and three), and ActS Supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under this Act into such Specific national forests and so designate the same as he may deem best for administrative purposes. (March 1, 1911, c. 186, § 11, 36 Stat. 963.) See §§ 5121-5173. § 5185. State jurisdiction over persons on lands—The jurisdiction, both civil and Criminal, Over persons upon the lands acquired under this Act shall not be affected or changed by their permanent reser- Vation and administration as national forest lands, except So far as the punishment of Offenses against the United States is concerned, the intent and mean- ing of this section being that the State wherein such land is situated Shall not, by reason. Of Such reserva- tion and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State. (March 1, 1911, c. 186, § 12, 36 Stat. 963.) § 5186. Payment of receipts to State for schools and roads—Twenty-five per centum Of all moneys received during any fiscal year from each national forest into which the lands acquired under this Act may from time to time be divided shall be paid, at the end of such year, by the Secretary Of the Treasury to the State in which Such national forest is situated, to be expended as the state legis- lature may prescribe for the benefit of the public Schools and public roads of the County Or Counties in which such national forest is situated: Provided, That when any national forest is in more than One State Or County the distributive share to each from the proceeds of Such forest shall be proportional to its area therein: Provided further, That there shall not be paid to any State for any county an amount equal to more than forty per centum of the total in- come of such county from all other sources. (March 1, 1911, c. 186, § 13, 36 Stat. 963, amended, June 30, 1914, c. 131, 38 Stat. 441.) § 5187. Appropriation for expenses of Com- mission; payments—A Sum Sufficient to pay the necessary expenses Of the Commission and its mem- bers, not to exceed an annual eXpenditure Of twenty- five thousand dollars, is hereby appropriated out of any money in the Treasury not otherwise appropriat- ed. Said appropriation shall be immediately avail- able, and shall be paid Out On the audit and Order Of the president of the said commission, which audit and order shall be conclusive and binding upon all departments as to the COrrectness Of the acCOunts of said commission. (March 1, 1911, c. 186, § 14, 36 Stat. 963.) - § 5187a. Regulations as to mineral resources —The Secretary of Agriculture is authorized, under general regulations to be prescribed by him, to perillit the prospecting, development, and utilization of the mineral resources Of the lands acquired under the Act of March first, nineteen bundred and eleven (Thirty-sixth Statutes, page nine hundred and six- ty-One), known as the Weeks law, upon Such terms and for specified periods or otherwise, as he may Tit. 32B) NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 7831 deem to be for the best interests of the United States; and all moneys received on account of Charges, if any, made under this Act shall be disposed of as is provided by existing law for the disposition of re- ceipts from national forests. (March 4, 1917, c. 179, 39 Stat. 1150. See §§ 5174-5187. § 5187aa. Disposition of moneys received for certain permits—Hereafter, all moneys received On account of permits for hunting, fishing, Or Camping, On lands acquired under authority of said Act, Or any amendment or extension thereof, shall be disposed of as is provided by existing law for the disposition of receipts from national forests. (March 4, 1917, C. 179, 39 Stat. 1150.) § 5187b. Areas set aside for protection of game and fish; unlawfully taking game or fish– The President of the United States is hereby author- ized to designate such areas on any lands which have been, or which may hereafter be, purchased by the United States under the provisions Of the Act of March first, nineteen hundred and eleven (Thirty- sixth Statutes at Large, page nine hundred and sixty- One), entitled “An Act to enable any State to CO- operate with any other State or States, or with the |United States, for the protection of Watersheds of navigable streams, and to appoint a COmmission for the acquisition of lands for the purpose of Conserv- ing the navigability of navigable Streams,” and Acts supplementary thereto and amendatory thereof, as should, in his Opinion, be set aside for the protection of game animals, birds, or fish ; and whoever shall hunt, catch, trap, willfully disturb or kill any kind of game animal, game or nongame bird, Or fish, Or take the eggs of any such bird on any lands SO Set aside, or in or on the waters thereof, except under such general rules and regulations as the Secretary of Agriculture may from time to time prescribe, shall be fined not more than $500 or imprisoned not more than six months, or both. (Aug. 11, 1916, c. 313, 39 Stat. 476.) See §§ 5174-5187. TITLE XXXII B–THE NATIONAL PARKS, RESERVATIONS, AND MONUMENTS Sec. 5188. Yellowstone park; establishment. 5189. Same; control by Secretary of the Interior; removal of trespassers. 5.190. Same; detail of troops for protection. 5191. Same; jurisdiction over Park; state process; fugitives from justice. 5192. Same; criminal laws applicable. 5193. Same; hunting and fishing. 5.194. Same; commissioner; jurisdiction; powers and duties. Same; deputy Marshals. 5196. Same; compensation of commissioner, marshals, and TJnited States attorneys. 5197. Same; salary of commissioner. 5198. Same; payment of costs and expenses. 5199. Same; jail, and office for commissioner, 5200. Same; existing laws not repealed. 5201. Same; road extensions. 5202. Same; leases of lands. 5203. Same; leases of lands. 5204. Same; leases of lands; mortgages by lessees, subject to leases and contracts. 5205. Same; leases of lands; period. 5206. Same; private use of electricity from lighting and pow- er plant. * & 5207. Sequoia National Park. 5208. Same; rules and regulations; leases; fish and game; trespassers. 5208a. Same; donations of lands or rights of way. 5209. Yosemite National Park; previous grants and entries not affected. 5310. Same; rules and regulations; leases; fish and game; trespassers. 52.10a. Same; donations of lands or rights of way, 5211. Additional forest reserves in California, Forest reserves in California; lands segregated from Yosemite National Park and included in Sierra. Forest Reserve; rights of way; proceeds of for privileges. 5213. Same; rights of claimants and owners of lands; laws and regulations applicable within. Recession of Yosemite Valley and Mariposa Big Tree Grove; lands reserved as forest lands, and part of Yosemite National Park; lands excluded added to Sierra Forest Reserve; privileges; right of way for railways. - Same; rights of claimants and owners of lands includ- ed; laws and regulations applicable within. b216. Same; revenues from privileges. 5217. Detail of troops to Sequoia, Grant Parks. 5218. Yosemite National Park; lands in Park. 5219. Same; values of lands and timber to be exchanged; lands added to Park. 5215. Yosemite, and General exchange of privately owned 5220. Same; cutting and removal of timber. 5221. Same; sale of matured, dead or down timber. 5222. Same; leases of land in. 5222a. Same; leases of land in; mortgages by lessees. 5223. Mount Rainier National Park; establishment; tres- paSSers. - 6224. Same; control; regulations; leases for buildings; rights of Way to park; fish and game; removal of trespassers. B225. Same; grant of prior lands to Northern Pacific Rail- t road; lieu lands to settlers. 5226. Same; mineral land laws extended to. Tº Sec. 5227. Same; location of mining claims. & 5227a. Same; cession of jurisdiction by Washington; fugi- tives from justice. * 52.27b. Same; part of judicial district for Western district of Washington ; jurisdiction of District Court. 5227c. Same; offenses in ; punishment. 5227d. Same; protection of game and fish; forfeitures and punishments. - 5227e. Same; protection of game and fish; forfeitures and Sel'Zll I’eS. 5227f. Same; commissioner; appointment; jurisdiction and powers. 5227g. Same; commissioner; arrest; bail. 5227h. Same; commissioner; direction of process of; ar- rests by other officers. 5227i. Same; commissioner; salary; residence; fees. 5227 j. Sagº; fees, costs, and expenses chargeable to United States. 5227k. Same; fines and costs; disposition of. 5227 l. Same; donations of patented lands, or rights of way. 5228. Crater Lake National Park; establishment. 5229. Same; control; regulations. 5230. Same; settlement, residence, lumbering, or business . within, punishable; admission of visitors; mining claim.S. 5230a. Same; cession by Oregon of jurisdiction. 5230b. Same; part of judicial district for Oregon; jurisdiction of district court. 5230c. Same; offense in. , 5230d. Same; hunting and fishing; rules and regulations; punishment. - 5230e. Same: hunting and fishing; forfeitures or seizures for violating regulations. 5230f. Same; cºmmissioner; appointment; powers and du- ties. 5230g. Same; commissioner; arrests by ; bail. 5230h. Same; commissioner; direction of process; arrest without process. - 5230i. Same; commissioner; salary; residence; fees, costs and expenses. - 5230j. Same; accounting for fees, costs and expenses. 5230k. Same; deposit of fines and costs collected. 52301. Same; donations of patented lands or rights of way 5231. Wind Cave National Park; establishment. 5232. Same; control of; regulations. 5233. Same; leases of CaVern and lands. 5234. Same; use of funds from rentals or leases. 5235. Same; exchange of lands in. 5236. Same; offenses. 5237. Mesa Verde National Park; establishment. 5238. Same; boundaries extended. 5239. Same; control of ; regulations; prehistoric ruins. 5240. Same; examinations, excavations, and gathering ob- jects of interest. 5241. Same; removal, disturbance, destruction, or molesta- tion of ruins. 5242. Same; leases and permits; prehistoric ruins not in- cluded. 5242a. Same; donations of lands or rights of way. 5243. Sulphur Springs Reservation; cession of springs and adjacent lands; acreage; payment; regulations; in- toxicants prohibited. 5244. Same; additional land withdrawn for; payment for; management and control; regulations; sale of im- provements; penalties; to Wn lots. ź 5188 (Tit, 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 7841 Sec. Sec. tº e & 5245. Same; acts relating to , not affected by admission of 5:3. §ame; injuries to property. & * & iola- Oklahoma; rights and jurisdiction of United States; 5264. sº º ºthine in Water in ViO indemnity school lands. Of I’ll leS an Ol Te tions. & 5246. Same; Hºe changed to Platt National Earh. Đ265. sº§ t ºnses under ordinances of Hot Springs or laws 5247. Glacier National Park; establishment; respassers; €. & e *g claims and rights under land laws not affected; 5266. Same; , prosecutions for violations of Act or rules and rights of way for º reclamation projects; in- 5267 sºutions for other Offenses demnity selections of lands. - e : e e sºs. sºlor; regulations, leases; sale and renov | # sº; º; lºº £ll Cº. iI II U 681". iº y & 5248a. Same; cession by Montana. Of º fº º §: ãº'àn; º §ates. rights saved; laws applicable; fugitives from justice. gº ; alspositi O SU.S. 5248a.a. Same; exchange of timber for private holdings in. 5272. Same; imprisonment for nonpayment. of fines or costs. 5248aaa. Same; exchange of timber for private holdings in: ; §: *;"sº, ºntence On ConViction. Valuations. *:::: allon 1son. * 5248aaaa. Same; exchange of timber for private holdings in ; 52. Wind Caye National Game Preserve. removal of timber. * * * * 5276. Wyoming Elk Reserve. 5248b. Same; Pº of judicial district of Montana; jurisdic- #, *śs Hill National Park Game Preserve * º ict ºt. - Ye, 5248c. sº º i. applicable. e * * 5278. American antiquities. & - 52486. Same; hunting and fishing; regulations; punishment. 5279. Same; Fº º as º º; TeServa- 5248e. Same; hunting and fishing; forfeitures and seizures. tion of land; relinquishment of private claims. 5248f. Same; commissioner; jurisdiction; powers and du- 5280. sº. ºxamine ruins, excavations, and ties. º º #248g. Same; commissioner; arrest of offenders, confinement, 5281. Same, regulations. and bail. - *. ge tº ſºmmºn 5248h. Same; t ºº:: process directed to marshal; Tº *...* rºles º arrest Wlthout process. 'l lù, C. 5248i. Same; commissioner; salary; residence; fees. Wyoming, lying near the head-waters of the Yellow- 52s, sº fees, costs, and expenses; how certified and stone River and described as follows, to wit, com- pald. g & iº - º * 5248k. Same; fines and costs imposed and collected deposited mencing at the junction Of Gardiner's River, with with clerk. - the Yellowstone River, and running east to the mer- 5248l. sº notice to Governor of Montana of passage of idian passing ten miles to the eastward of the most 5248m. Same; donations of lands or rights of way. eastern point of Yellowstone Lake; thence SOUIth 5248mm. Same: donations of buildings and other property. along said meridian to the parallel Of latitude pass- 5248n. Same; sale of land to Hotel Company. ing ten miles South of the most southern point Of 5249. Same; expenditures of proceeds of leases and other rev- Yellowstone Lake : thence west along said parallel €11 U16S. * . ...” 2 * g 5249a. Rocky Mountain National Park; establishment; recla- to the meridian paSSling fifteen miles West Of the 249 gºn tº: h d most western point Of Madison Lake; thence north 5249aa.. alme; Oundaries changed. ſº * - e. tº g te 3249b. Same; claims and rights under land laws not affected; º sº meridian to ths º: º the junction rights of way for irrigation and other purposes. Of the Yellow Stone and arainer's Rivers; thence 5249c. Same; lands held in private, municipal, or State own- east to the place of beginning, is reserved and with- 5249 (i. s.” º "regulations: leases; sale and re drawn from Settlement, Occupancy, or sale under the moval of timber; automobiles. 5 laws of the United States, , and dedicated and set 5249óld. Same; donations of lands or rights of way. apart as a public park or pleasuring-ground for the 5249e. Lassen. Volcanic Nº. º esº; bound- benefit and enjoyment of the people; and all persons icº. ºãº" " "*** * who, locate, or settle upon, or occupy any part of 5249f. Same; control; rules and regulations; fish and game; the land thus set apart as a public park, except 3US 5249 s:” tºº. fºe. provided in the following section, shall be considered g. Same; sale and removal of timber. * -- 5249.h. Same; charges for leases and privileges. trespassers and removed therefrom. (R. S. § 2474.) 5249i. Same;, appropriations. wº & § 5189. Same; control by Secretary of the 5249]. Hawaii National Park; establishment; boundaries. Interior; removal of trespassers—Such public ; §: º, and laws; rights of way. park shall be under the exclusive COntrol Of the 5249m. Same; control of; rules and regulations; leases; ap- Secretary of the Interior, whose duty it Shall be, propriations. e y e as soon as practicable, to make and publish such reg- §249n. Alºhº #;"| National Pärk or Reservation; deed ulations as he may deem necessary or proper for to ; admission fees to. & ! - 52490. Same; endowment fund; protection and preservation. the Care and management Of the same. Such regula- 5249p. Same; execution of instruments necessary to carry out tions shall provide for the preservation, from injury 5249q sº"..." *regulation - or spoliation, of all timber, mineral deposits, natural Éſ º Mount McKinley Nationai Hark; establishment; bound- curiosities, or Wonders, Within the park; and their re- aries. tention in their natural COndition. The Secretary ::::::: sº ºr land laws not affected. may, in his discretion, grant leases for building pur- #, sº, "ºi º 'ºws applicable. poses for terms not exceeding ten years. Of small 5249t. Same; control of; rules, and regulations. parcels Of ground, at such places in the park as may 5249tt. Same; game refuge; killing game in. require the erection of buildings for the accommoda- #, *ś"ºtiºnishment tion of visitors; all of the proceeds of such leases, tº Donations of iand for park purposes near or adjacent and all other revenues that may be derived from any to Forest Reserve in North Carolina. source connected with the park, to be expended under #. H.º.º. º.º.º.º.º.º.º.ºry, his direction in the management of the same, and the * “º.","..."; ; * * * | construction of roads and bridle paths therein. He 5251. Hot Springs reservation; establishment; leases of shall provide against the wanton destruction of the gº º hºuses, and supply of Water; dedication | fish and game found within the park, and against O U Inite at €S. g * wº-1 r. 1-3 º - - 5252. Same; leases of bath houses and sites; supply of wa- their capture Or destruction for the purposes Of mer ter. chandise or profit. He shall also Cause all persons 5253. Same; rules and, regulations, trespassing upon the same to be removed therefrom. # #: º; or lease or contract. and generally is authorized to take all such measures #356 same; coilection of water on reservation. as may be necessary or proper to fully carry out the 3257. Same; sale of lots. se Objects and purposes of this section. (R. S. § 2475.) 5258. Same; operation of bath house in connection with hotel. § 5190. Same; detail of troops for protection 5259. Same; . of Arlington Hotel site; valuation of im- —The Secretary Of War, upon the request Of the provements. -- .--, . * , 5260. Same; use of free bathhouses limited. Secretary of the Interior, is hereby authorized and sºi, sº tº or jurisdiction by Arkansas; laws oper- directed to make the necessary details of troops to atlng WIthln. } g iº 3262. Same; part of judicial district of Arkansas; jurisdic- preſent trespassers or hº º entering. the park for the purpose of destroying the game or ob- tion of Offenses. Tit. 32B) 3 5.194 NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 785] jects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein. (March 3, 1883, c. 143, § 1, 22 Stat. 627.) § 5191. Same; jurisdiction over Park; state process; fugitives from justice–The Yellowstone National Park, as its boundaries now are defined, Or as they may be hereafter defined or extended, Shall be under the sole and exclusive jurisdiction. Of the United States; and that all the laws applicable to places under the sole and exclusive jurisdiction of the United States, shall have force and effect in Said park: Provided, however, That nothing in this Act shall be construed to forbid the service in the pal'k of any civil or criminal process of any Court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyo- ming. (May 7, 1894, c. 72, § 1, 28 Stat. 73.) § 5192. Same; criminal laws applicable-If any offense shall be committed in said Yellowstone National Park, which offense is not prohibited Or the punishment is not specially provided for by any law of the United States or by any regulation of the Sec- retary of the Interior, the Offender shall be subject to the same punishment as-the-laws of -the–State Of- Wyoming in force at the time of the commission of the offense may provide for a like offense in the Said State; and no subsequent repeal of any Such law Of the State of Wyoming shall affect any prosecution for said offense committed within said park. (May 7, 1894, c. 72, § 3, 28 Stat. 73.) § 5193. Same; hunting and fishing—All hunt- ing, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous ani- mals, when it is necessary to prevent them from de- stroying human life or inflicting an injury, is pro- hibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of Seines, nets, traps, or by the use of drugs Or any explosive substances or compounds, or in any other way than by hook and line, and then Only at Such seasons and in such times and manner as may be di- rected by the Secretary of the Interior. The Sec- retary of the Interior shall make and publish Such rules and regulations as he may deem necessary and proper for the management and care of the park, and for the protection of the property therein, especially for the preservation from injury or Spoliation Of all timber, mineral deposits, natural wonderful objects within said park ; protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking Of fish from the streams or lakes in the park. POSSes- sion within the said park Of the dead bodies, Or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons hav- ing the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish. So killed, taken, Or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding three hundred dollars. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the man- agement and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, nat- ural curiosities or wonderful objects within said park, or for the protection of the animals, birds and fish in the said park, shall be deemed guilty of a misde- COMP.ST.’18—50 Curiosities, Or and for the meanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the pro- CeedingS. * That all guns, traps, teams, horses, Or means Of transportation of every nature Or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or cap- turing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person. Or persons arrested under charge of violating the provisions of this Act, and upon Conviction under this Act of such person or per- SOnS using Said guns, traps, teams, horses, or Other means of transportation such forfeiture shall be ad- judicated as a penalty in addition to the other pun- ishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. (May 7, 1894, c. 72, § 4, 28 Stat. 73, amended, June 28, 1916, c. 179, 39 Stat. 238.) § 5194. Same; commissioner; jurisdiction; powers and duties—The United States circuit Court in Said district shall appoint a commissioner, Who shall reside in the park, who shall have jurisdiction to hear and act upon all complaints made, of any and -all violations of the law, or of the rules and regula- tions made by the Secretary of the Interior for the government of the park, and for the protection of the animals, birds, and fish and objects of interest there- in, and for Other purposes authorized by this Act. Such commissioner shall have power, upon sworn in- formation, to issue process in the name of the United States for the arrest of any person charged with the COmmission of any misdemeanor, or charged with the violation of the rules and regulations, or with the Violation of any provision of this Act prescribed for the government of said park, and for the protection Of the animals, birds, and fish in the said park, and to try the person so charged, and, if found guilty, to impose the punishment and adjudge the forfeiture prescribed. In all cases of conviction an appeal shall lie from the judgment of Said Commissioner to the United States district court for the district of Wyo- ming, said appeal to be governed by the laws of the State of Wyoming providing for appeals in cases of misdemeanor from justices of the peace to the dis- trict Court of said State ; but the United States Cir- Cuit Court in said district may prescribe rules Of pro- Cedure and practice for said Commissioner in the trial Of Cases and for appeal to said United States district Court. Said commissioner shall also have power to is- Sue process as hereinbefore provided for the arrest Of any person charged with the COmmission of any fel- Ony within the park, and to Summarily hear the evi- dence introduced, and, if he shall determine that prob- able cause is shown for holding the person so charg- ed for trial, shall Cause such person to be safely con- veyed to a secure place for Confinement, within the jurisdiction of the United States district Court in said State of Wyoming, and shall Certify a transcript of the record of his proceedings and the testimony in the Case to the said Court, which COurt shall have juris- diction of the case: Provided, That the said commis- Sioner shall grant bail in all cases bailable under the laws of the United States or Of Said State. All pro- cess issued by the Commissioner shall be directed to the marshal Of the United States for the district Of Wyoming; but nothing herein contained shall be construed as preventing the arrest by any officer of the Government or employee of the United States in the park without process of any person taken in the act of violating the law or any regulation of the Sec- retary of the Interior: Provided, That the said com- missioner shall only exercise such authority and powers as are conferred by this Act. (May 7, 1894, c. 72, § 5, 28 Stat. 74.) § 5195 (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 7861 § 5195. Samè; deputy marshals—The marshal of the United States for the district of Wyoming may appoint one or more deputy marshals for said park, who shall reside in said park. (May 7, 1894, c. 72, § 6, 28 Stat. 75.) § 5196. Same; compensation of commission- er, marshals, and United States attorneys—The Commissioner provided for in this Act shall, in addi- tion to the fees allowed by law to commissioners Of the circuit courts of the United States, be paid an annual salary Of [One thousand dollars], payable quar- terly, and the marshal of the United States and his deputies, and the attorney of the United States and his assistants in said district, shall be paid the same compensation and fees as are now provided by law for like services in said district. 72, § 7, 28 Stat. 75.) n Text in brackets superseded by § 5197. § 5197. Same; salary of commissioner—COM- MISSIONER YELLOWSTONE PARK: For salary of Com- missioner in Yellowstone National Park, One thousand five hundred dollars. And the provisions of section twenty-one of an Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other pur- poses, approved May twenty-eighth, eighteen hundred and ninety-six, shall not be construed as impairing the right Of Said Commissioner to receive Said Salary as herein provided. (April 17, 1900, c. 192, § 1, 31 Stat. 133.) - § 5198. Same; payment of costs and expenses —All costs and expenses arising in Cases under this Act, and properly chargeable to the United States, shall be certified, approved, and paid as like costs and expenses in the Courts of the United States are Certified, approved, and paid under the laws of the TJnited States. (May 7, 1894, c. 72, § 8, 28 Stat. 75.) § 51.99. Same; jail, and office for commission- er—The Secretary Of the Interior shall Cause to be erected in the park a suitable building to be used as a jail, and also having in said building an office for the use of the commissioner, the cost of such building not to exceed five thousand dollars, to be paid Out Of any moneys in the Treasury not otherwise appro- priated upon the certificate of the Secretary as a voucher therefor. (May 7, 1894, c. 72, § 9, 28 Stat. 75.) § 5200. Same; existing laws not repealed— This Act shall not be Construed to repeal existing laws Conferring upon the Secretary Of the Interior and the Secretary of War certain powers with refer- ence to the protection, improvement, and control of the said Yellowstone National Park. (May 7, 1894, c. 72, § 10, 28 Stat. 75.) § 5201. Same; road extensions—Improvement Of Yellowstone National Park: Road extensions and improvements shall hereafter be made in said park under and in harmony with a general plan of roads and improvements to be approved by the Chief Of IEngineers of the Army. (June 6, 1900, c. 791, § 1, 31 Stat. 625.) § 5202. Same; leases of lands—The secretary of the Interior may lease small portions Of ground in the park, not exceeding ten acres in extent for each tract, on which may be erected hotels and the neces- sary Outbuildings, and for a period not exceeding ten years; but such lease shall not include any of the geysers or Other objects of Curiosity or interest in said park, or exclude the public from the free and convenient approach thereto ; or include any ground within one quarter of a mile of the geysers, or the Yel- 1OWStOne Falls, nor Shall there be leased more than ten acres to any One person Or Corporation ; nor shall any hotel or other buildings be erected within the park until such lease shall be executed by the Secre- tary of the Interior, and all contracts, agreements, or exclusive privileges heretofore made or given in re- gard to said park or any part thereof, are hereby de- Clared to be invalid ; nor shall the Secretary of the Interior, in any lease which he may make and exe- (May 7, 1894, c. Cute, grant any exclusive privileges within Said park, except upon the ground leased. (March 3, 1883, C. 143, § 1, 22 Stat. 626.) § 5203. Same; leases of lands—The Secretary of the Interior is hereby authorized and empowered to lease to any person, corporation, or company, for a period not exceeding ten years, at such annual rental as the Secretary Of the Interior may determine, par- Cels of land in the Yellowstone National Park, of not more than ten acres in extent for each tract and not in excess of twenty acres in all to any One person, COr- poration, or company on which may be erected hotels and necessary. Outbuildings: Provided, That such lease Or leases shall not include any of the geysers Or Other objects of Curiosity or interest in said park, or exclude the public from free and convenient ap- proach thereto or include any ground within One- eighth of a mile of any of the geysers or the Yellow- stone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of Curios- ity in the park: And provided further, That such leases shall not convey, either expressively or by im- plication, any exclusive privilege within the park ex- Cept upon the premises held there under and for the time therein granted. Every lease hereafter made for any property in said park shall require the lessee to Observe and Obey each and every provision in any Act of Congress, and every rule, Order, or regula- tion made, or which may hereafter be made and pub- lished by the Secretary of the Interior concerning the use, Care, management, or government of the park, or any object or property therein, under penalty of for- feiture of Such lease, and every such lease shall be Subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior: And provided further, That persons or corporations now holding leases of ground in the park may, upon the Surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with Such modifica- tions, restrictions, and reservations as the Secretary of the Interior may prescribe. This act, however, is not to be construed as manda- tory upon the Secretary of the Interior, but the au- thority herein given is to be exercised in his sound discretion. - That so much of that portion of the Act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflicts with this Act be, and the same is hereby, repealed. (Aug. 3, 1894, C. 198, 28 Stat. 222.) § 5204. Same; leases of 1ands; mortgages by lessees, subject to leases and contracts—The Sec- retary of the Interior is hereby authorized and em- powered to lease for a period not exceeding ten years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one person, corporation, or Company, in said park as the comfort and Convenience of visitors may re- Quire, for the Construction and maintenance Of Sub- stantial hotel buildings and buildings for the protec- tion of stage, stock, and equipment. Any person, corporation, or company holding a lease within said park for the purposes above described is hereby authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the ap- proval of said Secretary of the Interior, may be filed for record in the Office of the Secretary Of the Inte- rior, and when so recorded shall have all the effect of a public record. Any mortgage, lien, or incumbrance created under the provisions hereof shall be subject to the rights of the Government to compel the enforcement of the Tit. 32B) # 5210 NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 787] terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure Of Such incum- brance shall take subject to all the conditions assumed by the Original lessee Or Contractor. - All provisions of existing law in relation to said park not in conflict herewith are hereby continued in full force and effect. (June 4, 1906, c. 2570, 34 Stat. 207.) § 5205. Same; leases of lands; period—The Act entitled “An Act to amend an Act approved All- gust third, eighteen hundred and ninety-four, enti- tled ‘An Act concerning leases in the Yellowstone National Park,’” approved June fourth, nineteen hun- dred and six, be, and the same is hereby, so amend- ed that the Secretary of the Interior shall be au- thorized and empowered to lease, according to the Other terms Of Said amended Act, for a period not ex- ceeding twenty years. (March 2, 1907, c. 2518, 34 Stat. 1219.) * § 5206. Same; private use of electricity from lighting and power plant—Private parties or com- panies doing business in the Yellowstone National Park under authority from the Government may be " permitted, in the discretion of the Secretary of War, to use electricity furnished by the electric lighting and power plant of Fort Yellowstone and Mammoth Hot Springs at actual cost to the Government for op- eration, maintenance, and depreciation of the plant and ten per Centum additional, under Such regula- tions as may be prescribed by the Secretary of War. (March 3, 1903, c. 1007, § 1, 32 Stat. 1130.) § 5207. Sequoia National Park—The tract of land in the State of California known and described as township numbered eighteen south, of range num- bered thirty east, also township eighteen south range thirty-One east; and sections thirty-one, thirty-two, thirty-three, and thirty-four, township Seventeen, south range thirty east, all east of Mount Diablo me- ridian, is hereby reserved and withdrawn from set- tlement, occupancy, or sale under the laws of the Unit- ed States, and dedicated and set apart as a public park, or pleasure ground, for the benefit and enjoy- ment Of the people; and all persons Who shall locate or settle upon, or occupy the same Or any part there- of except as hereinafter provided, shall be considered trespassers and removed therefrom. (Sept. 25, 1890, c. 926, § 1, 26 Stat. 478.) § 5208. Same; rules and regulations; leases; fish and game; trespassers—Said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practica- ble, to make and publish such rules and regulations as he may deem necessary Or proper for the Care and management of the same. Such regulations shall provide for the preservation from injury of all tim- ber, mineral deposits, natural Curiosities or Wonders within said park, and their retention in their natural Condition. The Secretary Imay, in his discretion, grant leases for building purposes for terms not exceeding ten years of small parcels of ground not exceeding five acres, at such places in said park as Shall re- quire the erection of buildings for the accommodation Of visitors; all of the proceeds Of Said leases and other revenues that may be derived from any source Connected with Said park to be expended under his direction in the management Of the same and the COn- struction of roads and paths therein. He shall pro- vide against the wanton destruction of the fish and game found within said park, and against their Cap- ture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespass- ing upon the Same after the passage of this act to be removed therefrom, and, generally, shall be all- thorized to take all such measures as shall be neces- £ary or proper to fully carry out the objects and purposes of this act. (Sept. 25, 1890, c. 926, § 2, 26 Stat. 478.) § 5208a. Same; donations of lands or rights of way—The Secretary of the Interior is authorized to accept patented lands or rights of way whether OVer patented or other lands in the Sequoia National Park that may be donated for park purposes. (July 1, 1916, c. 209, § 1, 39 Stat. 308.) § 5209. Yosemite National Park; previous grants and entries not affected—The tracts Of land in the State Of California known as described as follows: Commencing at the northwest corner of township two north, range nineteen east Mount Diablo meridian, thence eastwardly on the line between townships two and three north, ranges twenty-four and twenty-five east; thence southwardly on the line between ranges twenty-four and twenty-five east to the Mount Diablo base line; thence eastwardly On Said base line to the Corner to township one south, Tanges tWenty-five and twenty-six east ; thence south- Wardly on the line between ranges twenty-five and tWenty-six east to the South-east Corner of town- Ship tWO South, range twenty-five east; thence east- Wardly On the line between townships two and three SOUth, range tWenty-six east to the corner to town- Ships tWO and three South, ranges twenty-six and tWenty-Seven east; thence southwardly On the line between ranges twenty-six and twenty-seven east to the first standard parallel south; thence westwardly On the first Standard parallel south to the Southwest Corner of township four south, range nineteen east; thence northwardly on the line between ranges eight- een and nineteen east to the northwest Corner of to Wnship two south, range nineteen east; thence WestWardly On the line between townships One and two south to the southwest corner of township One South, range nineteen east; thence northwardly on the line between ranges eighteen and nineteen east to the northwest corner of township two north, range nineteen east, the place of beginning, are hereby re- Served and withdrawn from settlement, occupancy, or sale, under the laws of the United States, and set apart as reserved forest lands; and all persons whg Shall locate or Settle upon, Or Occupy the same or any part thereof, except as hereinafter provided, shall be COnSidered trespassers and removed therefrom: Provided, however, That nothing in this act shall be construed as in anywise affecting the grant of lands made to the State of California by virtue of the act entitled “An act authorizing a grant to the State of California. Of the Yosemite Valley, and of the land em- bracing the Mariposa Big-Tree Grove, approved June thirtieth, eighteen hundred and sixty-four ; Or as af- fecting any bona-fide entry of land made within the limits above described under any law of the United States prior to the approval of this act. (Oct. 1, 1890, c. 1263, § 1, 26 Stat. 650.) § 52.10. Same; rules and regulations; leases; fish and game; trespassers—Said reservation shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as prac- ticable, to make and publish Such rules and regula- tions as he may deem necessary or proper for the care and management Of the same. Such regulations shall provide for the preservation from injury of all tim- ber, mineral deposits, natural Curiosities, or wonders within said reservation, and their retention in their natural condition. The Secretary may, in his discre- tion, grant leases for building purposes for terms not exceeding ten years Of SImall parcels of ground not exceeding five acres; at such places in said reserva- tion as shall require the erection of buildings for the accommodation. Of Visitors; all Of the proceeds of said leases and Other revenues that may be derived from any source Connected with Said reservation to be expended under his direction in the management of the same and the construction of roads and paths therein. He shall provide against the wanton de- Struction Of the fish, and game found within Said res- ervation, and against their capture or destruction, for 3 52.10a (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 788] the purposes of merchandise or profit. He shall also Cause all persons trespassing upon the Same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such meas- ures as shall be necessary or proper to fully Carry Out the objects and purposes of this act. (Oct. 1, 1890, c. 1263, § 2, 26 Stat. 651.) § 52.10a. Same; donations of lands or rights of way—The Secretary of the Interior is authorized to accept patented lands or rights of way whether Over patented or other lands in the Yosemite Na- tional Park that may be donated for park purposes. (July 1, 1916, c. 209, § 1, 39 Stat. 308.) - § 5211. Additional forest reserves in Califor- nia—There shall also be and is hereby reserved and withdrawn from settlement, occupancy or sale under the laws of the United States, and shall be set apart as reserved forest lands, as hereinbefore provided, and Subject to all the limitations and provisions herein contained, the following additional lands, to Wit: Township seventeen, South, range thirty east of the Mount Diablo meridian, excepting sections thirty- One, thirty-two, thirty-three, and thirty-four of said township, included in a previous bill. And there is also reserved and withdrawn from Settlement, OC- Cupancy Or Sale under the laws Of the United States, almd Set apart as forest lands, subject to like limita- tions, conditions and provisions, all of townships fif- teen and Sixteen, south, of ranges twenty-nine and thirty east Of the Mount Diablo meridian. And there is also hereby reserved and withdrawn from settle- ment, OCCupancy Or Sale under the laws of the United States, and set apart as reserved forest lands under like limitations, restrictions and provisions, Sections five and six in township fourteen, south, range twen- ty-eight, east of Mount Diablo meridian, and also Sections thirty-one and thirty-two of township thir- teen, South, range twenty-eight east of the same me- ridian. Nothing in this act shall authorize rules or contracts touching the protection and improvement of Said reservations, beyond the sums that may be re- ceived by the Secretary of the Interior under the foregoing provisions, or authorize any charge against the Treasury of the United States. (Oct. 1, 1890, c. 1263, § 3, 26 Stat. 651.) - § 5212. Forest reserves in California; lands segregated from Yosemite National Park and in- eluded in Sierra Forest Reserve; rights of way; proceeds of for privileges—The tracts of land in the State of California known and described as follows: Beginning at the point where the middle of the chan- nel Of the South Fork Of the Merced River inter- sects the line between Sections three and four, to Wn- ship four Šouth, range twenty east, Mount Diablo base and meridian ; thence northerly along section lines through the middle of townships three and four south, range twenty east, to the northwest corner of section three, township three south, range twenty east; thence westerly along township line to the Southwest Corner of section thirty-three, township two South, range twenty east; thence northerly along section lines to the northWest Corner of Section tWenty-One, said township ; thence westerly along section lines to the Southwest corner of section eighteen, said town- ship ; thence southerly along range line to the south- east Corner of the northeast quarter of section twenty- four, township two south, range nineteen east; thence westerly to the southwest corner of the northeast quarter of section twenty-four, said township ; thence Southerly to the southeast Corner of the Southwest quarter of section twenty-four, said township ; thence Westerly along Section lines to the SouthWest Corner of section twenty-three, said township; thence north- erly along section lines to the northwest corner of the southwest quarter of section fourteen, said town- ship ; thence easterly to the northeast corner of the southeast quarter of section fourteen, said township; thence northerly along section line to the northwest the Merced River; Corner of section thirteen, said township; thence easterly along Section line to the northeast corner Of Section thirteen, said township; thence northerly along range line to the northwest corner of the south- West quarter of section seven, township two south, range tWenty east ; thence easterly to the northeast COrmer Of the southeast quarter of section seven, said to Wnship ; thence southerly along section line to the northWest corner of section seventeen, said township ; thence easterly along section lines to the northeast Corner of Section sixteen, said township; thence north- erly along section lines to the northwest corner of Section three, said township; thence westerly along toWnship line to the southwest corner of Section thir- ty-three, township one south, range twenty east; thence northerly along section lines to the northwest COrner of section twenty-one, said township ; thence Westerly along section lines to the southwest corner of Section eighteen, said township; thence northerly along range line to the northwest corner of section six, Said township; thence westerly along Mount Diablo base line to the southwest corner of section thirty-four, township one north, range nineteen east; thence northerly along section lines through the mid-. dle of townships one and two north, range nineteen east, to the point of intersection with the summit Of the divide between Cherry Creek on the west and Eleanor and Fall Creeks on the east; thence along the Summit of said divide in a northeasterly direc- tion to the summit of the Sierra Nevada Mountains; thence Southeasterly along the summit of the Sierra Nevada Mountains to the divide between the Merced and San Joaquin rivers; thence southwesterly along Said divide to the point of intersection with the south boundary of township four south, range twenty-three east, Mount Diablo base and meridian ; thence west- erly along township line to the point of intersectiºn With the middle of the channel of the South Fork of thence westerly down the middle Of Said river to the place of beginning, are hereby reserved and withdrawn from settlement, occupancy, Or Sale under the laws of the United States, and set apart as reserved forest lands, subject to all the pro- Visions of the Act of Congress approved October first, eighteen hundred and ninety, entitled “An Act to set apart Certain tracts of land in the State of Cali- fornia as forest reservations:” Provided, That all those tracts or parcels of land described in section one Of the said Act of October first, eighteen hundred and ninety, and not included within the metes and bounds Of the land above described, be, and the same are hereby, included in and made part of the Sierra For- est Reserve: And provided further, That the Secre- tary Of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra Forest Reserve ac- COrded under the Act approved February fifteenth, nineteen hundred and One, relating to right of way Over certain parks, reservations, and other lands, and Other acts concerning rights of way over public lands; and the moneys received from the privileges accord- ed on the lands herein segregated and included in the Sierra Forest Reserve shall be paid into the Treas- ury of the United States, to be expended, under the direction of the Secretary of the Interior, in the management, improvement, and protection of the for- est lands herein set aside and reserved, which shall hereafter be known as the “Yosemite National Park.” (Feb. 7, 1905, c. 547, § 1, 33 Stat. 702.) - See §§ 4946, 5209–5212. § 52.13. Same; rights of claimants and own- ers of lands; laws and regulations applieable within—None of the lands patented and in private ownership in the area hereby incluſtled in the Sierra Forest Reserve shall have the privileges of the lieu- land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the forest reserves, and immediately upon Tit. 32B) NATIONAL PARKS, 3 5217 RESERVATIONS, AND MONUMENTS the passage of this Act all laws, rules, and regula- tions affecting forest reservations, including the right to change the boundaries thereof by Executive proc- lamation, shall take effect and be in force Within the Timits of the territory excluded by this Act from the Yosemite National Park, except as herein other- wise provided. (Feb. 7, 1905, c. 547, § 2, 33 Stat. 703.) § 5214. Recession of Yosemite Valley and TVMariposa Big Tree Grove; lands reserved as forest iamads and part of Yosemite National Park; lands excluded added to Sierra. Forest Reserve; privileges; right of way for railways—The receS- Sion and regranting unto the United States by the State of California. Of the Cleft Or gorge in the gran- ite peak of the Sierra Nevada Mountains, situated in the county of Mariposa, State of California, and the headwaters of the Merced River, and known as the Yosemite Valley, with its branches or spurs, granted unto the State of California in trust for public use, resort, and recreation by the Act of Congress en- titled “An Act authorizing a grant to the State Of California. Of the Yosemite Valley and Of the land embracing the Mariposa Big Tree Grove,” approved June thirtieth, eighteen hundred and sixty-four (Thir- teenth Statutes, page three hundred and twenty-five), as well as the tracts embracing what is known as the “Marinosa Big Tree Grove,” likewise granted —unto the State of Gałifornia-by-the aforesaid Act of T Congress, is, hereby ratified and accepted, and the tracts of land embracing the Yosemite Valley and the Mariposa Big Tree Grove, as described in the Act of Congress approved June thirtieth, eighteen hun- dred and sixty-four, together with that part of frac- tional sections five and six, township five south, range twenty-two east, Mount Diablo meridian, California, lying south of the South Fork of Merced River and almost wholly between the Mariposa Big Tree Grove and the present south boundary of the Yosemite Na- tional Park, be, and the same are hereby, reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States and set apart as reserved forest lands, Subject to all the limita- tions, Conditions, and provisions of the Act of Con- gress approved October first, eighteen hundred and ninety, entitled “An Act to set apart Certain tracts Of land in the State of California as forest reserva- tions,” as well as the limitations, conditions, and pro- visions of the Act of Congress approved February sev- enth, nineteen hundred and five, entitled “An Act to exclude from the Yosemite National Park, California, Certain lands therein described, and to attach and in- clude the said lands in the Sierra Forest Reserve,” and shall hereafter form a part of the Yosemite Na- tional Park. The South and West boundary lines of the Yosem- ite National Park are hereby changed as follows: Beginning at the point on the line between sections thirty-five and thirty-six, township four south, range tWenty-One east, where same intersects the middle Of the Channel Of the SOUth Fork Of . the Merced JRiver; thence north on section line to the Southwest Corner of section twenty-five; thence west On Section lines to the southwest corner of section twenty- eight; thence north on section line to the northwest COrner of Section twenty-eight; thence West on Sec- tion line to the quarter-section Corner between sec- tions twenty and twenty-nine; thence north through the middle of section twenty to the center thereof; thence east through the middle of section twenty to the quarter-section corner between sections twenty and twenty-One; thence north. On Section line to the quarter-Section Corner between sections sixteen and Seventeen; thence west through middle of Section sev- enteen to the center thereof; thence north through the middle of sections seventeen, eight, and five to the Quarter-section corner of north boundary of section five on township boundary, all in township four south, range twenty-one east; thence north through the *middle of section thirty-two, township three south, [Page 789] range twenty-One east, to the center thereof; thence West through the middle of section thirty-two, said township, and section thirty-six, township three south, range twenty east, to the quarter-section corner be- tween sections thirty-five and thirty-six; thence north On Section line to the quarter-section Corner between Sections tWenty-five, and twenty-six; thence east through the middle Of Section twenty-five to the Cen- ter thereof; thence north through the middle Of Sections twenty-five and twenty-four to the center Of Section twenty-four; thence west through the middle of sections twenty-four, twenty-three, and twenty-two to the quarter-section Corner between sections twenty-one and twenty-two, township three SOuth, range twenty east, On the present western bOundary of the Yosemite National Park. And all that portion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so ex- Cluded, and all thereof, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all Of the Acts of Congress with relation thereto: Provided, That the Secretary of the Inte- rior may require the payment of such price as he may deem proper for privileges on the land herein —segregated from the Yosemite National Park and made a part of the Sierra Forest Reserve accorded under the Act approved February fifteenth, nineteen hundred and One, relating to rights Of way over certain parks, reservations, and other lands, and Other Acts concerning rights of way over public lands: And provided further, That in the grant of any right of way for railway purposes across the lands placed under this measure within the Sierra Forest Reserve it shall be stipulated that no logs Or timber shall be hauled Over the same without the Consent Of the Secretary Of the Interior and under regulations to be promulgated by him. (June 11, 1906, No. 27, § 1, 34 Stat. 831.) See §§ 4946, 5209-52.13. § 52.15. Same; rights of claimants and own- ers of lands included; laws and regulations ap- plicable within—None of the lands patented and in private ownership in the area hereby included in the Sierra Forest Reserve shall have the privileges of the lieu-land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the forest reserves, and im- mediately upon the passage of this Act all laws, rules, and regulations affecting forest reservations, includ- ing the right to Change the boundaries thereof by Executive proclamation, shall take effect and be in force within the limits of the territory excluded by this Act from the Yosemite National Park, except as herein otherwise provided. (June 11, 1906, No. 27, § 2, 34 Stat. 832.) § 5216. Same; revenues from privileges—All revenues derived from privileges in the park authoriz- ed under the Act of October first, eighteen hundred and ninety, the Act of February seventh, nineteen hundred and five, as well as under this measure, Or from privileges a CCOrded on the lands herein Seg- regated from said park and included within the Sierra Forest Reserve, shall be paid into the Treas- ury of the United States, to be expended under the direction Of the Secretary Of the Interior in the man- agement, protection, and improvement of the Yosemite • National Park. (June 11, 1906, No. 27, § 3, 34 Stat. 832.) See §§ 5209-52.13. § 5217. Detail of troops to Sequoia, Yosemi- ite, and General Grant Parks—The Secretary of War, upon the request of the Secretary of the In. terior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the General Grant 3 5218 (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS IPage 790I - National Park, respectively, in California, for the purpose of destroying the game or objects of Curiosity therein, or for any other purpose prohibited by law or regulation for the government of said reserva- tions, and to remove such persons from said parks if :fºund therein. (June 6, 1900, c. 791, § 1, 31 Stat. 618.) - § 5218. Yosemite National Park; exchange of privately owned lands in Park—The Secretaries Of the Departments Of Interior and Agriculture, for the purpose of eliminating private holdings within the Yosemite National Park and to preserve intact timber along and adjoining the roads in the scenic portion of the park On patented lands, are hereby empower- ed in their discretion to obtain and accept for the United States a complete title to any and all patent- ed lands within the boundaries of said park by the exchange Of timber Or timber and lands within the Yosemite National Park and the Sierra and Stanis- laus National Forests for Such lands and the timber thereon within the park, necessary conveyances of park and national forest timber Or timber and lands to be made by said secretaries, respectively. That the secretaries of the said departments may, and are hereby authorized to, acquire title in fee by the ex- change of lands of the United States for patented lands not exceeding six hundred and forty acres in the Sierra and Stanislaus National Forests, adjacent and contiguous to the Yosemite National Park, and when such patented lands are thus acquired, said lands shall become a part of the Yosemite National Park and be subject to all the provisions of the Act of October first, eighteen hundred and ninety, entitled “An Act to set apart certain tracts of land in the State of California as forest reservations.” 9, 1912, c. 74, § 1, 37 Stat. 80, amended, April 16, 1914, c. 58, 38 Stat. 345.) - - See §§ 5209-5211. - § 5219. Same; values of lands and timber to be exchanged; lands added to Park—The value Of patented lands within the park offered in exchange, and the value of the timber on park lands proposed to be given in exchange for such patented lands, shall be ascertained in such manner as the Secretary of the Interior may, in his discretion, direct, and all expenses incident to ascertaining such values shall be paid by the Owners of said patented lands, and such owners shall, before any exchange is effective, furnish the Secretary of the Interior evidence Satis- factory to him of title to the patented lands offered in exchange, and if the value of the timber on park lands exceeds the value of the patented lands deeded to the Government in the exchange such excess shall be paid to the Secretary of the Interior by the own- ers of the patented lands before any of the timber is removed from the park, and shall be deposited and Covered into the Treasury as miscellaneous receipts. The same COurse shall be pursued in relation to ex- change for timber standing near public roads on patented lands for timber to be exchanged on park lands: Provided, That the lands COnveyed to the Government under this Act shall become a part of the Yosemite National Park. (April 9, 1912, c. 74, § 2, 37 Stat. 80.) - . º § 5220. Same; cutting and removal of timber —All timber must be Cut and removed from the park under regulations to be prescribed by the Secretary of the Interior, and any damage which may result to the roads Or any part Of the park in Consequence of the cutting and removal of the timber from the reservation shall be borne by the owners of the pat- ented lands, and bond satisfactory to the Secretary Of the Interior must be given for the payment of Such damages, if any, as shall be determined by the Secre- tary of the Interior. (April 9, 1912, c. 74, § 3, 37 Stat. 81.) - - § 5221. Sayme; sale of matured, dead or down timber—The Secretary of the Interior may also sell and permit the removal of such matured or dead or (April down timber as he may deem necessary or advisable for the protection or improvement of the park, and the proceeds derived therefrom shall be deposited and COWered into the Treasury as miscellaneous receipts. (April 9, 1912, c. 74, § 4, 37 Stat. 81.) § 5222. Same; leases of land in—The Secre- tary Of the Interior is hereby authorized and em- powered to grant a lease for the construction and maintenance of a substantial hotel and buildings in connection therewith in accordance with and under the provisions of the Act of June fourth, nineteen hundred and six (Thirty-fourth Statutes at Large, page two hundred and seven), relating to concessions in Yellowstone National Park, and the Act of March Second, nineteen hundred and seven (Thirty-fourth Statutes at Large, page twelve hundred and nineteen) amendatory thereof, and any part of Section two of the Act of October first, eighteen hundred and ninety, COn Cerning the YOSemite National Park in conflict herewith is hereby repealed. (June 23, 1913, c. 3, § 1, 38 Stat. 49.) See §§ 5204, 5205, 52.10, 5222a. § 5222a. Same; leases of land in; mortgages by lessees—The Secretary of the Interior is hereby authorized and empowered to grant leases, for periods Of not exceeding twenty years, at annual rentals, and under terms and conditions to be determined by him, to any person, corporation, or company he may au- thorize to transact business in the Yosemite National Park, for separate tracts of land, not exeeeding twen- ty acres each, at such places, not to exceed ten in number, to any person, corporation, or company in Said park, as the comfort and convenience of visitors Imay require, for the construction and maintenance of Substantial hotel buildings and buildings for the protection of motor cars, stages, stock and equipment, and SO forth. Such leases may, at the option of the Secretary of the Interior, contain appropriate provisions for the appraisement, at the expiration of the lease, of the value of such hotel and other build- ings (or portions thereof) as may be constructed by the lessees, respectively, and the payment of the same to the lessees in case a new lease be made to persons Other than said lessees, such payments to be made by such new lessees, respectively. . That any person or corporation or company holding a lease or leases within said park for the purposes above described is hereby authorized, with the ap- proval of the Secretary of the Interior, to execute Imortgages upon his or its rights and properties, in- cluding his or its contract or contracts with the Sec- retary of the Interior ; such mortgages shall be ex- ecuted in duplicate and delivered to the Secretary of the Interior for his approval, and upon his approval thereof he shall retain one of said duplicates and file the same for record in his Office. - Any mortgage, lien, or encumbrance created under the provisions hereof shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser Under a foreclosure Of Such encum- brance shall take Subject to all the Conditions as- SUImed by the Original lessee Or Contractor. All provisions of existing law in relation to said park not in conflict herewith are hereby continued in full force and effect. (July 23, 1914, c. 206, 38 Stat. 554.) - § 5223. Mount Rainier National Park; es- tablishment; trespassers—All those certain tracts, pieces or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows, to wit: Beginning at a point three miles east of the northeast corner of township number Seventeen north, of range six east Of the Willamette meridian ; thence south through the central parts of townships numbered seventeen, sixteen, and fifteen north, of range seven east of the Willamette meridian, eighteen miles more or less, subject to the proper easterly Or westerly Offsets, to a point three miles east of the northeast corner of township numbered Tit. 32B) & 5227d NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 791] fourteen north, of range six east of the Willamette Imeridian ; thence east on the township line between townships numbered fourtoen and fifteen north, eight- een miles more or less to a point three miles west of the northeast corner of township fourteen north, Of range ten east Of the Willamette meridian ; thence northerly subject to the proper easterly or westerly Offsets, eighteen miles more or less, to a point three miles West Of the northeast Corner Of township num- bered seventeen north, of range ten east of the Wil- lamette meridian (but in locating said easterly bound- ary, wherever the Summit of the Cascade Mountains is sharply and well defined, the said line shall follow the said Summit, where the said Summit line bears west of the easterly line as herein determined); thence westerly along the township line between said townships numbered Seventeen and eighteen to the place of beginning, the same being a portion of the lands which were reserved from entry or settlement and set aside as a public reservation by proclamation of the President on the twentieth day of February, in the year Of Our Lord eighteen hundred and ninety- three, and of the Independence of the United States the One hundred and seventeenth, are hereby dedicat- ed and set apart as a public park, to be known and designated as the Mount Rainier National Park, for the benefit and enjoyment of the people; and all per- Sons who shall locate or settle upon or occupy the —same, -or any-part thereof, except as-hereafter-pro- vided, Shall be considered trespassers and be removed therefrom. (March 2, 1899, c. 377, § 1, 30 Stat. 993.) § 5224. Same; control; regulations; leases for buildings; rights of way to park; fish and game; removal of trespassers—Said public park shall be under the exclusive Control Of the Secretary of the Interior, whose duty it shall be to make and publish, as SOOn as practicable, such rules and regula- tions as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber. minoral deposits, natural Curi- Osities, or wonders within said park, and their reten- tion in their natural condition. The Secretary may, in his discretion, grant parcels of ground at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases, and all other revenues that may be derived from any source connected with said park, to be expended under his direction in the management of the same, and the construction of roads and bridle paths therein. And through the lands of the Pacific Forest Reserve adjoining said park rights of way are hereby granted, under such restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway Company or companies, through the lands of said Pacific Forest Reserve, and also into said park here- by created, for the purpose of building, constructing, and operating a railway, Constructing and Operating a railway or tramway line or lines, through said lands, also into said park. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture Or de- struction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this Act to be removed therefrom, and generally shall be authorized to take all Such measures as Shall be necessary to fully carry out the objects and purposes of this Act. (March 2, 1899, c. 377, § 2, 30 Stat. 994.) § 5225. Same; grant of prior lands to North- ern Pacific Railroad; lieu lands to settlers—Upon execution and filing with the Secretary of the Interi- or, by the Northern Pacific Railroad Company, of proper deed releasing and Conveying to the United States the lands in the reservation hereby created, also the lands in the Pacific Forest Reserve which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and Which lie opposite said company’s constructed road, Said Company is hereby authorized to select an equal Quantity Of nonmineral public lands, so classified as nonmineral at the time of actual Government survey, Which has been or shall be made, of the United States not reserved and to which no adverse right or claim Shall have attached Or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of Said Northern Pacific Railroad Company runs, to the ex- tent Of the lands SO relinquished and released to the |United States: Provided, That any settlers on lands in said national park may relinquish their rights thereto and take other public lands in lieu thereof, to the same extent and under the Same limitations and Conditions as are provided by law for forest reserves and national parks. (March 2, 1899, c. 377, § 3, 30 Stat. 994.) § 5226. Same; mineral land laws extended to —The mineral-land laws Of the United States are hereby extended to the lands lying within the said reserve and said park. (March 2, 1899, c. 377, § 5, 30 Stat. 995.) § 5227. Same; location of mining claims— Heroafter the location of mining claims under the mineral-land laws of the United States is prohibited within the area of the MOUnt Rainier National Park, in the State of Washington: Provided, however, That this provision shall not affect existing rights heretofore acquired in good faith under the mineral- land laws of the United States to any mining location Or locations in Said Mount Rainier National Park. (May 27, 1908, c. 200, § 1, 35 Stat. 365.) § 5227a. Same; cession of jurisdiction by Washington; fugitives from justice—The provi- sions of the act of the legislature of the State of Washington, approved March sixteenth, nineteen hun- dred and One, ceding to the United States exclusive jurisdiction over the territory embraced within the Mount Rainier National Park, are hereby accepted and sole and exclusive jurisdiction is hereby assumed by the United States over such territory, saving, how- ever, to the said State the right to serve Civil or Criminal process within the limits Of the aforesaid park in Suits Or prosecution for Or On account Of rights acquired, obligations incurred, or Crimes Com- mitted in said State but Outside of said park, and saving further to the said State the right to tax per- Sons and corporations, their franchises and property, On the lands included in said park. All the laws ap- plicable to places under the sole and exclusive juris- diction Of the United States shall have force and effect in said park. All fugitives from justice taking refuge in Said park shall be subject to the same laws as refugees from justice found in the State of Wash- ington. (June 30, 1916, c. 197, § 1, 39 Stat. 243.) § 52.27b. Same; part of judicial district for western district of Washington; jurisdiction of District Court—Said park shall constitute a part of the United States judicial district for the western district Of Washington, and the district court of the United States in and for said district shall have ju- risdiction of all offenses committed within said boundaries. (June 30, 1916, c. 197, § 2, 39 Stat. 244.) § 5227c. Same; offenses in; punishment—If any offense shall be committed in the Mount Rainier National Park, which offense is not prohibited or the punishment for which is not specifically provided for by any law Of the United States, the Offender shall be Subject to the same punishment as the laws of the State of Washington in force at the time of the Com- mission of the Offense may provide for a like offense in said State; and no subsequent repeal of any such law of the State of Washington shall affect any pros- ecution for said offense committed within said park. (June 30, 1916, c. 197, § 3, 39 Stat. 244.) § 5227d. Same; protection of game and fish; forfeitures and punishments—All hunting or the killing, Wounding, or capturing at any time of any 3 5227e (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 792] wild bird or animal, except dangerous animals When it is necessary to prevent them from destroying hu- man lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the Waters of the park in any Other Way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the pro- tection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nine- teen hundred and eight (Thirty-fifth Statutes, page three hundred and sixty-five), natural Curiosities, Or wonderful objects within said park, and for the pro- tection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the Streams Or lakes in the park. POSSes- Sion within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person Or perSons having the same are guilty of violating this Act. Any person Or persons, or stage or express company, or railway com- pany, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of Said animals, birds, or fish SO killed, Caught, or taken, Or who shall violate any of the other provisions of this Act or any rule or regulation that may be promulgat- ed by the Secretary of the Interior with reference to the management and Care of the park Or for the pro- tection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, page three hundred and sixty-five), natural Curiosities, or wonderful Ob- jects within said park, or for the protection of the animals, birds, or fish in the park, or who shall with- in said park Commit any damage, injury, or spolia- tion to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, Crops, vegetables, plants, land, Springs, mineral de- posits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, page three hundred and sixty-five), natural curiosities, or other matter or thing growing Or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceed- ings. (June 30, 1916, c. 197, § 4, 39 Stat. 244.) § 5227e. Same; protection of game and fish; £orfeitures and seizures—All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, en- Snaring, or capturing such wild beasts, birds, or ani- mals shall be forfeited to the United States and may be seized by the Officers in said park and held pending the prosecution of any person or persons arrested un- der charge of violating the provisions of this Act, and upon conviction under this Act of such person or perSons using said guns, traps, teams, horses, or oth- er means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited prop- erty shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. (June 30, 1916, c. 197, § 5, 39 Stat. 245.) § 5227f. Same; commissioner; appointment; jurisdiction and powers—The United States District Court for the Western District of Washington shall garden, appoint a commissioner who shall reside in the park and who shall have jurisdiction to hear and act upon all COmplaints made of any violations of law Or Of the rules and regulations made by the Secretary Of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes au- thorized by this Act. Such commissioner shall have power, upon sworn information, to issue process in the name of the United States for the arrest of any person charged with the Commission of any misdemeanor, or charged with a Violation of the rules and regulations, or with a vio- lation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture pre- Scribed. - - In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States District Court for the Western District of Washington, and the United States district Court in Said district shall prescribe the rules of procedure and practice for said Commissioner in the trial Of cases and for appeal to said United States district Court. (June 30, 1916, c. 197, § 6, 39 Stat. 245.) § 5227g. Same; commissioner; arrest; bail- Any such commissioner shall also have power to is- Sue process as hereinbefore provided for the arrest Of any person charged with the commission within . Said boundaries of any criminal Offense not covered by the provisions of Section four of this Act to hear the evidence introduced, and if he is of opinion that prob- able cause is shown for holding the person so charg- ed for trial shall cause such person to be safely con- veyed to a secure place of confinement within the jurisdiction of the United States District Court for the Western District of Washington, and certify a transcript of the record Of his proceedings and the testimony in the Case to said Court, which Court shall have jurisdiction of the case: Provided, That the said Commissioner shall grant bail in all cases bailable un- der the laws Of the United States Or Of Said State. (June 30, 1916, c. 197, § 7, 39 Stat. 245.) . § 5227 h. Same; commissioner; direction of process of; arrests by other officers—All process issued by the Commissioner shall be directed to the marshal of the United States for the western district Of Washington, but nothing herein contained shall be So Construed as to prevent the arrest by any officer or employee of the Government or any person employ- ed by the United States in the policing of said reser- Vation within said boundaries without process of any person taken in the act of violating the law or this Act or the regulations prescribed by said Secretary as aforesaid. (June 30, 1916, c. 197, § 8, 39 Stat. 245.) § 5227i. Same; commissioner; salary; resi- dence; fees—The Commissioner provided for in this Act shall be paid an annual salary of $1,500, payable Quarterly: Provided, That the said Commissioner shall reside within the exterior boundaries of said Mount Rainier National Park, at a place to be designated by the court making such appointment: And provided further, That all fees, costs, and expenses Collected by the commissioner shall be disposed of as provided in section eleven of this Act. (June 30, 1916, c. 197, § 9, 39 Stat. 246.) § 5227.j. Same; fees, costs, and expenses chargeable to United States—All fees, costs, and expenses arising in cases under this Act and properly chargeable to the United States shall be certified, ap- proved, and paid as are like fees, Costs, and expenses in the courts of the United States. (June 30, 1916, c. 197, § 10, 39 Stat. 246.) - - - § 5227 k. Same; fines and costs; disposition of—All fines and costs imposed and Collected shall be deposited by said commissioner of the United States, or the marshal of the United States collecting the Tit. 32B) 3 5230d NATIONAL PARKS, RESERVATIONS, AND MONUMENTS same, with the clerk of the United States District Court for the Western District of Washington. (June 30, 1916, c. 197, § 11, 39 Stat. 246.) § 5227 l. Same; donations of patented lands or rights of way—EIereafter the Secretary Of the In- terior is authorized to accept patented lands or rights Of way Over patented lands in the Mount Ranier Na- tional Park that may be donated for park purposes. (June 12, 1917, c. 27, § 1, 40 Stat. 152.) § 5228. Crater Lake National Park; estab- lishment—The tract of land bounded north by the parallel forty-three degrees four minutes north lati- tude, South by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and tWenty-two degrees West longitude, and west by the meridian One hundred and twenty-two degrees sixteen Iminutes west longitude, having an area of two hun- dred and forty-nine square miles, in the State Of Ore- gon, and including Crater Lake, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park Or pleasure ground for the benefit of the people of the United States, to be known as Crater Lake National Park. (May 22, 1902, c. 820, § 1, 32 Stat. 202.) § 5229. Salme; control; regulations—The res- ervation established by this Act shall be under the - Control-and-custody-of-the Secretary Of the Interior, T Whose duty it shall be to establish rules and regula- tions and cause adequate measures to be taken for the preservation of the natural objects within said park, and also for the protection of the timber from Wanton depredation, the preservation of all kinds of game and fish, the punishment of trespassers, the re- moval Of unlawful occupants and intruders, and the prevention and extinguishment of forest fires. (May 22, 1902, c. 820, § 2, 32 Stat. 202.) § 5230. Same; settlement, residence, lumber- ing, or business within, punishable; admission of visitors; mining claims—It shall be unlawful for any person to establish any settlement or residence Within said reserve, or to engage in any lumbering, Or other enterprise or business occupation therein, or to enter therein for any speculative purpose whatever, and any person violating the provisions of this Act, Or the rules and regulations established thereunder, Shall be punished by a fine of not more than five hun- Čired dollars, or by imprisonment for not more than One year, and shall further be liable for all destruc- tion of timber or other property of the United States in Consequence of any such unlawful act: Provided, That said reservation shall be open, under such reg- ulations as the Secretary of the Interior may pre- Scribe, to all scientists, excursionists, and pleasure Seekers and to the location of mining claims and the Working of the same: And provided further, That restaurant and hotel keepers, upon application to the Secretary of the Interior, may be permitted by him to establish places of entertainment within the Crater Lake National Park for the accommodation of visi- tors, at places and under regulations fixed by the Secretary of the Interior, and not otherwise. (May 22, 1902, c. 820, § 3, 32 Stat. 203.) § 5230a. Same; cession by Oregon of jurisdic- tion—The provisions of the act of the Legisla- ture of the State of Oregon, approved January twen- ty-fifth, nineteen hundred and fifteen, ceding to the United States exclusive jurisdiction over the territory embraced within the Crater Lake National Park, are hereby accepted and sole and exclusive jurisdiction is hereby assumed by the United States over such territory, saving, however, to the said State the right to serve civil or Criminal process within the limits Of the aforesaid park in suits or prosecution for or On account of rights acquired, obligations incurred, or Crimes Committed in said State but Outside of said park, and saving further to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park. All the [Page 793] laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in Said park. AII fugitives from justice tak- ing refuge in Said park shall be subject to the same laws as refugees from justice found in the State of Oregon. (Aug. 21, 1916, c. 368, § 1, 39 Stat. 521.) § 5230 b. Same; part of judicial district for Gregon; jurisdiction of district court—Said park shall constitute a part of the United States judicial district for Oregon, and the district court of the United States in and for Oregon shall have jurisdic- tion. Of all offenses Committed within said boundaries. (Aug. 21, 1916, c. 368, § 2, 39 Stat. 522.) § 5230c. Same; offense in—If any offense shall be committed in the Crater Lake National Park, which Offense is not prohibited or the punishment for which is not specifically provided for by any law of the United States, the Offender shall be subject to the same punishment as the laws of the State of Oregon in force at the time of the Commission of the Offense may provide for a like Offense in Said State ; and no subsequent repeal of any such law of the State of Ore- gon shall affect any prosecution for Said offense Com- mitted within said park. (Aug. 21, 1916, c. 368, § 3, 39 Stat. 522.) § 5230d. Same; hunting and fishing; rules and regulations; - punishment—All hunting Or the killing, WOunding, Or Capturing at any time Of any Wild bird or animal, except dangerous animals When it is necessary to prevent them from destroying hu- man lives or inflicting injury, is prohibited within the limits of said park; nor shall any fish be taken Out Of the waters of the park in any other way than by hook and line, and then only at such seasons and in Such times and manner as may be directed by the Secre- tary of the Interior. That the Secretary of the In- terior shall make and publish such rules and regula- tions as he may deem necessary and proper for the management and Care of the park and for the protec. tion of the property therein, especially for the preser- Vation from injury or Spoliation of all timber, min- eral deposits other than those legally located prior to the passage of this Act, natural Curiosities, or WOn- derful objects within said park, and for the protec- tion of the animals and birds in the park from Capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park Of the dead bodies, or any part thereof, of any wild bird Or animal shall be prima facie evidence that the person or persons having the same are guilty Of violating this Act. Any person Or persons, Or stage Or express Company, Or railway Company, who knowS or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of Said animals, birds, or fish so killed, caught, or taken, or who shall vio- late any of the other provisions of this Act or any rule Or regulation that may be promulgated by the Secre- tary of the Interior with reference to the management and care of the park or for the protection of the prop- erty therein, for the preservation from injury or Spoliation of timber, mineral deposits Other than those legally located prior to the passage of this Act, nat- ural Curiosities, Or WOnderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park com- mit any damage, injury, or Spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, un- derwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legal- ly located prior to the passage of this Act, natural curiosities, or "other matter or thing growing or be- ing thereon or situate therein, shall be deemed guilty Of a misdemeanor, and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs 3 5230e (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 79.4| Of the proceedings. 522.) - § 5230e. Same; hunting and fishing; forfei- tures or seizures for violating regulations—All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in kill- ing, trapping, ensnaring, or capturing such Wild beastS, birds, Or animals shall be forfeited to the United States and may be seized by the officers in said park and beld pending the prosecution of any perSOn Or persons arrested under charge of violating the pro- visions of this Act, and upon conviction under this Act of Such person Or persons using said guns, traps, teams, horses, Or other means of transportation, Such forfeiture shall be adjudicated as a penalty in addi- tion to the Other punishment provided in this Act. Such forfeited property shall be disposed of and ac- counted for by and under the authority of the Secre- tary of the Interior. (Aug. 21, 1916, c. 368, § 5, 39 Stat. 523.) § 5230f. Same; commissioner; appointment; powers and duties—The United States District Court for Oregon shall appoint a commissioner who shall re- side in the park and who shall have jurisdiction to hear and act upon all Complaints made of any Violations Of (Aug. 29, 1916, c. 368, § 4, 39 Stat. law or of the rules and regulations made by the Secre- tary Of the Interior for the government of the park and for the protection of the animals, birds, and fish, and Objects Of interest therein, and for Other purposes authorized by this Act. Such commissioner shall have power, upon SWOrn information, to issue process in the name Of the Unit- . ed States for the arrest of any person Charged With the commission of any misdemeanor, or charged with a violation of the rules and regulations, Or With a violation of any of the provisions of this Act prescrib- ed for the government of said park and for the pro- tection of the animals, birds, and fish in said park, and to try the person so charged, and if found guilty, to impose punishment and to adjudge the forfeiture preSC1'ibed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States District Court for Oregon, and the Onited States Court in said district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States District Court. (Aug. 21, 1916, c. 368, § 6, 39 Stat. 523.) - § 5230g. Same; commissioner; arrests bail—Any such commissioner shall also have power to issue process as hereinbefore provided for the arrest Of any person charged with the commission within Said boundaries of any criminal offense not covered by the provisions of section four of this Act to hear the evi- dence introduced, and if he is of opinion that probable . Cause is shown for holding the person SO Charged for trial shall cause such person to be safely Conveyed to a secure place of confinement within the jurisdiction Of the United States District Court for Oregon, and Certify a transcript of the record of his proceedings and the testimony in the case to said Court, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bail- able under the laws Of the United States Or of Said State. (Aug. 21, 1916, c. 368, § 7, 39 Stat. 523.) § 5230h. Same; commissioner; direction of process; arrest without process—All process is- sued by the Commissioner shall be directed to the marshal of the United States for the district of Ore- gon, but nothing herein contained shall be so constru- ed as to prevent the arrest by any officer or employé Of the Government Or any person employed by the United States in the policing of said reservation with- in said boundaries Without process of any person taken in the act Of Violating the law. Or this Act Or Jpointment: 11, 39 Stat. 524.) five east; by; the regulations prescribed by said Secretary as afore- Said. (Aug. 21, 1916, c. 368, § 8, 39 Stat. 523.) § 5230i. Same; commissioner; salary; resi- dence; fees, costs and expenses—The commissioner provided for in this Act shall be paid an annual salary of $1,500, payable quarterly: Provided, That the Said Commissioner shall reside within the exterior boundaries of said Crater Lake National Park, at a place to be designated by the court making such ap- Provided further, That all fees, costs, and expenses Collected by the commissioner shall be disposed Of as provided in section eleven of this Act. (Aug. 21, 1916, c. 368, § 9, 39 Stat. 523.) § 5230.j. Same; accounting for fees, costs and expenses—All fees, Costs, and expenses arising in cases under this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States. (Aug. 21, 1916, c. 368, § 10, 39 Stat. 524.) § 5,239K. Same; deposit of fines and costs col- lected—All fines and costs imposed and collected shall be deposited by said commissioner of the Unit- ed States, or the marshal of the United States Col- lecting the same, with the Clerk of the United States District Court for Oregon. (Aug. 21, 1916, c. 368, § § 5230 l. Same; donations of patented lands or rights of way--IIereafter the Secretary of the In- terior is authorized to accept patented lands Or rights of Way Over patented lands in the Crater Lake Nation- al Park that may be donated for park purposes. (June 12, 1917, c. 27, § 1, 40 Stat. 152.) - § 5231. Wind Cave National Park; establish- ment—There are hereby reserved from Settlement, en- try, sale, or other disposal, and set apart as a pub- lic park, all those certain tracts, pieces, or parcels Of land lying and being situate in the State of South Dakota and within the boundaries particularly de- scribed as follows: Beginning at the southeast Cor- ner of section thirteen, township six South, range five east, Black Hills meridian, South Dakota ; thence westerly to the southwest corner of the southeast quarter of section sixteen, said township; thence northerly along the quarter-section lines to the north- west corner of the northeast quarter of section four, said township; thence easterly to the southwest cor- ner of Section thirty-four, township five South, range thence northerly to the northwest Corner of said section; thence easterly to the northeast COT- ner of Section thirty-One, township five south, range six east; thence southerly along the section lines to the southeast corner of section seven, township six south, range six east ; thence westerly to the South- west corner of said section; thence Southerly to the southeast corner of section thirteen, township Six south, range five east, the place of beginning: Pro- vided, That nothing herein contained shall be COn- strued to affect any valid rights acquired in COnnec- tion with any of the lands embraced Within the limits of said park. (Jan. 9, 1903, c. 63, § 1, 32 Stat. 765.) § 5232. Same; control of; regulations-Said park shall be known as the Wind Cave National Park and shall be under the exclusive control of the Secre- tary of the Interior, whose duty it shall be to pre- scribe such rules and regulations and establish Such service as he may deem necessary for the care and management of the same. (Jan. 9, 1903, c. 63, § 2, 32 Stat. 765.) . § 5233. Same; leases of cavern and lands- That the Secretary of the Interior be, and is hereby, authorized, in the exercise of his discretion, to rent or lease, under rules and regulations to be made by him, the cavern underlying the above-described lands, and also pieces and parcels of ground Within Said park for the erection of such buildings as may be required for the accommodation of visitors. (Jan. 9, 1903, c. 63, § 3, 32 Stat. 765.) - Tit. 32B) 3 5242a NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 7951 § 5234. Same; use of funds from rentals or leases—All funds arising from Such rentals Or leas- es shall be covered into the Treasury of the United States as a Special fund to be expended in the Care and improvement of said park. (Jan. 9, 1903, c. 63, § 4, 32 Stat. 765.) § 5235. Same; exchange of lands in—In Cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits of this park, the settler Or owner thereof may, if he de- sires to do so, relinquish the tract to the Government and secure other land, outside of the park, in accord- ance With the provisions of the law relating to the Subject Of Such relinquishment of lands in forest re- serves in the State of South Dakota. (Jan. 9, 1903, c. 63, § 5, 32 Stat. 766.) § 5236. Same; offenses—All persons who shall unlawfully intrude upon said park, or who shall without permission appropriate any object therein Or Commit unauthorized injury or waste in any form whatever upon the lands, or Other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall upon COnvic- tion be fined in a Sum not more than One thousand dollars or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprison- ment, in the discretion of the court. (Jan. 9, 1903, - c. 63, § 6, 32 Stat.-766)--- - - - - - - - - - - | § 5237. Mesa Verde National Park; estab- lishment—There is hereby reserved from settlement, entry, sale, or other disposal, and set apart as a public reservation, all those certain tracts, pieces, and parcels of land lying and being situate in the State Of Colorado, and within the boundaries particularly described as follows: * * (June 29, 1906, c. 3607, § 1, 34 Stat. 616.) § 5238. Same; Thoundaries extended—The boundary of the Mesa Verde National Park, created by the Act of Congress approved June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, page six hundred and sixteen), is hereby ex- tended On the South so as to include the land relin- guished by the Indians in the foregoing agreement as herein provided and the boundaries of said park Shall hereafter be defined as follows: Beginning at a point on the north boundary of the SOuthern Ute Indian Reservation in Southwestern Colorado where the north quarter corner of unsur- veyed fractional section two (2), township thirty-four (34) north, range fifteen (15) west, “south of the Ute boundary,” intersects the same; thence south to the SOuth quarter corner of unsurveyed section twen- ty-Six (26), said township ; thence West to the South- west corner of unsurveyed section twenty-five (25), township thirty-four (34) north, range sixteen (16) west; thence north to the northwest corner of unsur- veyed fractional section one (1), said township and range ; thence West to the SOutheast Corner of frac- tional section twelve (12), township thirty-four (34) north, range sixteen (16) west, “north Of the Ute boundary” thence north to the northwest corner of section nineteen (19), township thirty-five (35) north, range fifteen (15) west; thence east to the Southwest Corner of the southeast quarter of section sixteen (16), Said township ; thence north to the northwest COr- ner of the Southeast quarter of said section ; thence east to the southwest corner of the northeast quarter of section thirteen (13), said township ; thence north to the northwest Corner of the northeast quarter Of said section; thence east to the southwest corner of section Seven (7), township thirty-five (35) north, range fourteen (14) west; thence north to the northwest corner of Said section ; thence east to the SOuth West corner of section five (5), said township ; thence north to the northwest corner of said Section ; thence east to the northeast corner of said Section ; thence SOUth to the southeast corner of the northeast quarter of said section; thence east to the northeast corner of | the SOuthwest quarter of section four (4), said town- Ship ; thence south to the northwest Cºrner of the SOUtheast quarter of section sixteen (16), said town- Ship ; thence east to the northeast corner of the SOutheast quarter of said section; thence south to the northwest corner of section twenty-two (22), said toWnship ; thence east to the northeast corner of said Section ; thence South to the northwest corner of Section twenty-six (26), said township; thence east along the north Section line of section twenty-six (26) to the east bank of the Rio Mancos; thence in a Southeasterly direction along the east bank of the Rio Mancos to its intersection with the northern boundary line of the Southern Ute Indian Reserva- tion, thence west along said Indian reservation bound- ary to its intersection with the range line between ranges fourteen (14) and fifteen (15) west, the place Of beginning; - And the provisions of the Act of June twenty-ninth, eighteen hundred and ninety-six, creating the park, are hereby extended over the same. (June 30, 1913, c. 4, § 1, 38 Stat. 83.) 9. See §§ 5239-5241. - § 5239. Same; control of; regulations; pre- historic ruins—Said public park shall be known as the Mesa Verde National Park, and shall be under the exclusive control Of the Secretary Of the Interior, Whose duty it shall be to prescribe such rules–and– regulations and establish such service as he may deem Inecessary for the Care and management of the same. Such regulations shall provide specifically for the preservation from injury or Spoliation of the ruins and Other works and relics of prehistoric or primitive man within said park. (June 29, 1906, c. 3607, § 2, 34 Stat. 617.) § 5240. Same; examinations, excavations, and gathering objects of interest—That the Secretary of the Interior be, and he is hereby, authorized to permit examinations, excavations, and Other gathering of objects of interest within said park by any person or , persons whom he may deem properly qualified to konduct such examinations, , excavations, or gath- erings, subject to such rules and regulations as he may prescribe : Provided always, That the examina- tions, excavations, and gatherings are undertaken only for the benefit of some reputable museum, university, College, or other recognized scientific or educational institution, with a view to increasing the knowledge of Such Objects and aiding the general advancement Of archaeological science. (June 29, 1906, c. 3607, § 3, 34 Stat. 617.) § 5241. Same; removal, disturbance, destruc- tion, or molestation of ruins—Any person or per- Sons who may Otherwise in any manner Willfully re- move, disturb, destroy, or molest any of the ruins, mounds, buildings, graves, relics, or other evidences of an ancient civilization or other property from said park shall be deemed guilty of a misdemeanor, and upon conviction before any court having jurisdiction of Such offenses shall be fined not more than One thousand dollars or imprisoned not more than twelve months, Or Such person Or perSOns may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if pos- sible. (June 29, 1906, c. 3607, § 4, 34 Stat. 617.) § 5242. Same; leases and permits; prehistoric ruins not included—The Secretary of the Interior may, upon terms and conditions to be fixed by him, grant leases and permits for the use of the land or development of the resources thereof, in the Mesa Verde National Park, and the funds derived therefrom shall be covered into the Treasury Of the United States: Provided, That such leases Or grants shall not include any of the prehistoric ruins in Said park or exclude the public from free Or Convenient access thereto. (June 25, 1910, c. 385, 36 Stat. 796.) § 52423. Same; donations of lands or rights of way—Hereafter the Secretary Of the Interior is authorized to accept patented lands or rights Of Ž 5243 (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTS IPage 796] Way Over patented lands in the Mesa Verde National Park that may be donated for park purposes. (June 12, 1917, c. 27, § 1, 40 Stat. 152.) § 5243. Sulphur Springs Reservation; cession of springs and adjacent lands; a creage; pay- ment; regulations; intoxicants prohibited—The two tribes hereby absolutely and unqualifiedly relin- Quish, cede, and convey unto the United States a tract or tracts of land at and in the vicinity of the village of Sulphur, in the Chickasaw Nation, of not exceeding six hundred and forty acres, to be select- ed, under the direction of the Secretary of the In- terior, within four months after the final ratification Of this agreement, and to embrace all the natural springs in and about said village, and so much of Sul- phur Creek, Rock Creek, Buckhorn Creek, and the lands adjacent to said natural springs and Creeks as may be deemed necessary by the Secretary Of the Interior for the proper utilization and control Of said springs and the waters of said Creeks, Which lands shall be so selected as to cause the least in- terference with the contemplated town site at that place consistent with the purposes. for which said cession is made, and when selected the ceded lands shall be held, owned, and controlled by the United States absolutely and without any restriction, Save that no part thereof shall be platted or disposed of for town-site purposes during the existence of the two tribal governments. Such other lands as may be embraced in a town site at that point shall be disposed of in the manner provided in the Atoka. agreement for the disposition of town sites. Within ninety days after the selection of the lands so Ced- ed there shall be deposited in the Treasury Of the United States, to the credit of the two tribes, from the unappropriated public moneys of the United States, twenty dollars per acre for each acre SO Se- lected, which shall be in full compensation for the lands so ceded, and Such moneys shall, upon the dissolution of the tribal governments, be divided per Capita among the members of the tribes, freedmen sex- Cepted, as are Other funds of the tribes. All improve- m'ents upon the lands so selected which were lawfully there at the time Of the ratification of this agree- ment by Congress shall be appraised, under the di- rection of the Secretary of the Interior, at the true value thereof at the time of the selection of Said lands, and shall be paid for by warrants drawn by the Secretary of the Interior upon the Treasurer of the United States. Until otherwise provided by law, the Secretary of the Interior may, under rules pre- scribed for that purpose, regulate and Control the use Of the water of said Springs and Creeks and the tem- porary use and occupation of the lands so ceded. No person shall occupy any portion of the lands so ced- ed, or carry On any business thereon, except as pro- vided in said rules, and until Otherwise provided by Congress the laws of the United States relating to the introduction, possession, Sale, and giving away of liquors or intoxicants of any kind within the Indian Country or Indian reservations shall be a]]- plicable to the lands so ceded, and said lands shall remain within the jurisdiction of the United States Court for the Southern district of Indian Territory : Provided, however, That nothing contained in this section shall be construed or held to commit the Gov- ernment of the United States to any expenditure of money upon said lands or the improvements thereof, except as provided herein, it being the intention of this provision that in the future the lands and im- provements herein mentioned shall be conveyed by the United States to such Territorial or State Or- ganization as may exist at the time when such con- veyance is made. (July 1, 1902, c. 1362, § 64, 32 Stat. 655.) § 5244. Same; additional land withdrawn for; payment for; management and control; regula- tions; sale of improvements; penalties; town lots —The Secretary of the Interior is hereby authorized and directed to withhold from sale or other disposition the irregular tract of land containing seventy-eight and Sixty-eight one-hundredths acres, more or less, lying in the northwest quarter of section two and the north- east Quarter of section three, township one south, range three east, and being within the exterior bound- aries of the proposed town site of Sulphur, in the Chickasaw Nation, Indian Territory, and excluded from Said town site by order of the Secretary of the Interior, of October twentieth, nineteen hundred and three, and also to withdraw and withhold from dispo- Sítion the tract of land within the exterior boundaries Of Said proposed town site, lying south of and adja- Cent to the tract above mentioned, containing in the aggregate One hundred and thirty-eight acres, more Or leSS, and mentioned in the report of Gerard H. Matthes, of December twenty-seventh, nineteen hun- dred and three, to F. H. Newell, Chief Engineer Unit- ed States Geological Survey, and shown upon the map accompanying said report by a yellow line. The land hereby reserved shall be paid for by the United States at the rate of sixty dollars per acre and in the same manner as the land acquired in accord- ance with paragraph sixty-four of the Act of Congress approved July first, nineteen hundred and two, enti- tled “An Act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes,” and such money as may be nec- essary to carry out this provision is hereby appropri- ated, from any money in the United States Treasury not otherwise appropriated, and made immediately aVailable. All improvements upon said land, at the passage of this Act, shall be appraised and paid for as provided in said paragraph sixty-four of the Act of July first, nineteen hundred and two. The land hereby reserved shall, immediately upon payment therefor by the United States, be and become a part Of the reservation heretOfore established at the Said Village of Sulphur, and shall be subject to all the provisions Of Said Section sixty-four Of the Act Of July first, nineteen hundred and two, respecting the care, control, direction, use, and occupancy thereof as if they had been included in the Original segrega- tion: Provided, That the Secretary of the Interior is hereby authorized, in the absence of other provi- Sions for the care and management thereof, to desig- nate an Officer or employee Of his Department to take charge of the land, whether acquired under said sec- tion sixty-four of the Act Of July first, nineteen hun- dred and two, or under this Act, and to enforce rules and regulations for the control and use thereof, and of the waters of the Springs and Creeks within the reservation: Provided further, That the Secretary Of the Interior is hereby authorized, in his discretion, to sell or dispose of any buildings upon the land hereby reserved and upon the land Originally reservéd, and all money received from such sales, as well as all money heretofore received or that may hereafter be realized for the use of said waters or for the use and occupancy of the land or the buildings thereon, through leases, permits, or otherwise, may be expend- ed under the direction of the Secretary of the Interior for the care and management of said lands and the preservation of the improvements thereon: And pro- vided further, That if any person, firm, or corpora- tion shall willfully violate any of the rules and regu- lations prescribed by the Secretary of the Interior rel- ative to the use of the waters of said Springs and creeks and the use and occupation of the lands in Said reservation, such person, firm, Corporation, or mem- bers or agents thereof, shall be deemed guilty Of a misdemeanor, and upon conviction shall be fined not less than five dollars and not more than One hundred dollars, and may be imprisoned for a term of not more than six months for each Offense. The Secretary of the Interior is hereby directed to appraise, at actual value at the time of Such appraise- ment, all town lots held by citizens of the United Tit. 32B) § 5248a NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 797] States within the limits of the tract of land ceded to the United States by the Choctaw and Chickasaw nations, at Or near Sulphur Springs, in the Chickasaw Nation, Indian Territory, and pay for the same to Such lot holders Severally, or to their legal represent- atives, the appraised value of such lots by warrants Grawn by the Secretary of the Interior upon the Treasurer Öf the United States; and the amount nec- essary to pay the same is hereby appropriated from any money in the Treasury not otherwise appropriat- ed. The foregoing appraisal of lots shall be completed Within three months from the passage of this Act. (April 21, 1904, c. 1402, § 18, 33 Stat. 220.) See § 5243. - § 5245. Same; acts relating to not affected by admission of Oklahoma; rights and jurisdic- tion of United States; indemnity school lands— Nothing in this Act contained shall repeal or affect any Act of Congress relating to the Sulphur Springs Reservation as now defined or as may be hereafter defined or extended, or the power of the United States Over it Or any other lands embraced in the State hereafter Set aside by Congress as a national park, game preserve, or for the preservation of objects of archaeological or ethnological interest; and nothing contained in this Act shall interfere with the rights and Ownership of the United States in any land here- after Set aside by Congress as national park, game preserve, or other reservation, or in the said-Sulphur Springs Reservation, as it now is or may be hereaft- er defined or extended by law; but exclusive legisla- tion, in all cases whatsoever, shall be exercised by the United States, which shall have exclusive control and jurisdiction over the same ; but nothing in this provi- SO contained shall be construed to prevent the service Within said Sulphur Springs Reservation or national parks, game preserves, and Other reservations here- after established by law, of civil and criminal process- es lawfully issued by the authority of said State, and said State shall not be entitled to select indemnity School lands for the thirteenth, sixteenth, thirty-third, and thirty-sixth sections that may be embraced with- in the metes and bounds of the national park, game preserve, and other reservation or the said Sulphur Springs Reservation, as now defined or may be here- after defined. . § 5246. Same; naime changed to Platt Nation- al Park—That the Secretary of the Interior be, and he is hereby, authorized and directed to change the name of the Sulphur Springs Reservation, an Indian reservation now in the State of Oklahoma, formerly in the Indian Territory, SO that said Reservation shall be named and hereafter called the “Platt National Park,” in honor of Orville EIitchcock Platt, late and for twenty-six years a Senator from the State of Con- necticut and for many years a member Of the Commit- tee on Indian Affairs, in recognition of his distin- guished services to the Indians and to the country. (June 29, 1906, No. 42, 34 Stat. 837.) § 5247. Glacier National Park; establish- ment; trespassers; claims and rights under land laws not affected; rights of way for railways; reclamation projects; inderminity selections of lands—The tract Of land in the State Of MOntana par- ticularly described by metes and bounds as follows, to wit: Commencing at a point On the international boundary between the United States and the Domin- iOn Of Canada at the middle Of the Flathead River ; thence following Southerly along and with the middle Of the Flathead River to its confluence with the Mid- dle Fork of the Flathead River; thence following the north bank of Said Middle Fork Of the Flathead Riv- er to where it is crossed by the north boundary of the right of way of the Great Northern Railroad; thence following the said right of way to where it intersects the West boundary of the Blackfeet Indian Reserva- tion ; thence northerly along Said west boundary to its intersection with the international boundary ; thence along said international boundary to the place Of be- (June 16, 1906, c. 3335, § 7, 34 Stat. 272.) ginning, is hereby reserved and withdrawn from set- tlement, OCCupancy, Or disposal under the laws of the United States, and dedicated and set apart as a public park Or pleasure ground for the benefit and enjoy- ment of the people of the United States under the name of “The Glacier National Park;” and all per- Sons Who shall locate or settle upon or occupy the Same, Or any part thereof, except as hereinafter pro- | Vided, shall be considered trespassers and removed therefrom: Provided, That nothing herein contained Shall affect any valid existing claim, location, or entry under the land laws of the United States or the rights of any Such claimant, locator, or entryman to the full use and enjoyment of his land: Provided fur- ther, That rights of way through the valleys of the North and Middle forks of the Flathead River for Steam Or electric railways may be acquired within Said Glacier National Park under filings or proceed- ings heretofore or hereafter made or instituted under the laws applicable to the acquisition of such rights OVer Ol' upon the unappropriated public domain of the United States, and that the United States Rec- lamation Service may enter upon and utilize for flow- age or other purposes any area within said park which may be necessary for the development and mainte- nance of a government reclamation project: And provided further, That no lands within the limits of Said park hereby created belonging to or claimed-by any railroad or other corporation now having or claim- ing the right of indemnity selection by virtue of any law. Or Contract whatsoever shall be used as a basis for indemnity selection in any State or Territory Whatsoever for any loss Sustained by reason Of the creation of said park. (May 11, 1910, c. 226, § 1, 36 Stat. 354.) § 5248. Same; control of; regulations; leases; sale and removal of timber—Said park shall be un- der the exclusive control of the Secretary of the In- terior, Whose duty it shall be, as soon as practicable, to make and publish Such rules and regulations not inconsistent with the laws of the United States as he may deem necessary or proper for the care, protec- tion, management, and improvement of the same, which regulations shall provide for the preservation of the park in a state of nature so far as is consist- ent with the purposes of this Act, and for the Care and protection of the fish and game within the bound- aries thereof. Said Secretary may, in his discretion, execute leases to parcels Of ground not exceeding ten acres in extent at any One place to any One pel'SOn Or company, for not to exceed twenty years, when such ground is necessary for the erection of buildings for the accommodation of Visitors, and to parcels of ground not exceeding one acre in extent and for not to exceed twenty years to persons who have hereto- fore erected or whom he may hereafter authorize to erect Summer homes or cottages; he may also Sell and permit the removal of such matured, or dead Or down timber as he may deem necessary Or advisable for the protection or improvement of the park. (May 11, 1910, c. 226, § 2, 36 Stat. 354.) § 524.8a. Same; cession by Montana of exelu- sive jurisdiction; rights saved; laws applicable; 'fugitives from justice—The provisions of the act of the Legislature of the State of Montana, approved February seventeenth, nineteen hundred and eleven, ceding to the United States exclusive jurisdiction over the territory embraced within the Glacier National Park, are hereby accepted, and sole and exclusive ju- risdiction is hereby assumed by the United States over Such territory, saving, however, to the said State the right to serve civil or criminal process within the limits of the aforesaid park in Suits Or prosecution for or On account of rights acquired, Obligations incurred, or crimes committed in said State but Outside of said park, and saving further to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park. All the laws applicable to places under the sole and eXclusive 3 5248aa (Tit. 32B NATIONAL PARKs, RESERVATIONS, AND MONUMENTS IPage 798] jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Mon- tana. (Aug. 22, 1914, c. 264, § 1, 38 Stat. 699.) § 5248aa. . - vate holdings in—The Secretary of the Interior, for the purpose of eliminating private holdings within the Glacier National Park and the preservation intact of the natural forest along the roads in the scenic por- tions of the park, both on patented and park lands, is hereby empowered, in his discretion, to obtain for the United States the complete title to any or all Of the lands held in private Or State ownership within the boundaries of said park within townships thirty- two and thirty-three north, ranges eighteen and nine- . teen west of Montana principal meridian, by the ex- change of dead, decadent, or matured timber of ap- proximately equal values that can be removed from any part of the park without injuriously affecting the scenic beauty thereof; or upon the approval of the Secretary of Agriculture, the timber to be select- ed or exchanged may be taken from the Government lands within the metes and bounds of the national forests within the State of Montana. (March 3, 1917, c. 164, § 1, 39 Stat. 1122.) : § 5248aaa.. Same; exchange of timber for private holdings in; valuations—The value Of all patented lands within said park, including the tim- ber thereon, offered for exchange, and the value of the timber on park lands, or on Government lands within the metes and bounds of the national forests within the State of Montana, proposed to be given in exchange for such patented lands, shall be ascer- tained in such manner as the Secretary Of the Interior and the Secretary of Agriculture may jointly in their discretion direct, and all expenses incident to ascer- taining such values shall be paid by the owners of said patented lands; and such owners shall, before any exchange is effective, furnish the Secretary of the Interior evidence satisfactory to him of title to the patented lands offered in exchange ; and if the value of timber on park lands or on the Government lands in the national forests within the State of MOntana exceeds the value of the patented lands deeded to the Government in exchange, such excess shall be paid to the Secretary of the Interior by the owners of the patented lands before any timber is removed, and shall be deposited and covered into the Treasury as miscellaneous receipts: Provided, That the lands con- veyed to the Government under this Act shall become a part of the Glacier National Park. (March 3, 1917, c. 164, § 2, 39 Stat. 1122.) § 5248aaaa.. Same; exchange of timber for private holdings in; removal of timber—All tim- ber on Government lands in the park must be Cut and removed under regulations to be prescribed by the Secretary of the Interior, and any damage which may result to the roads or any part of the park or the national forests in consequence of the cutting and removal Of the timber therefrom shall be borne by the Owners of the patented lands, and bonds Satisfac- tory to the Secretary of the Interior and the Secretary Of Agriculture, jointly, must be given for the pay- ment of Such damages, if any, as shall be determined by the Secretary of the Interior so far as the same re- lates to lands within a national park and by the Sec- retary of Agriculture where the same relates to lands in the national forests: Provided further, That the Secretary of Agriculture and the Secretary of the In- terior shall jointly report to Congress in detail the factors upon which valuations were made. (March 3, 1917, c. 164, § 3, 39 Stat. 1122.) § 5248b. Same; part of judicial district of Montana.; jurisdiction of district court–Said park shall constitute a part of the United States ju- dicial district of Montana, and the district court of the United States in and for said district shall have same; exchange of timber for pri- tions; jurisdiction of all offenses committed within said boundaries. (Aug. 22, 1914, c. 264, § 2, 38 Stat. 699.) § 5248c. Same; criminal laws applicable—If any offense shall be committed in the Glacier Na- tional Park, which offense is not prohibited or the punishment is not specifically provided for by any law Of the United States, the Offender shall be Sub- ject to the same punishment as the laws of the State ° Of Montana in force at the time of the commission of the Offense may provide for a like offense in said State; and no subsequent repeal of any such law of the State of Montana shall affect any prosecution for Said Offense committed within said park. (Aug. 22, 1914, c. 264, § 3, 38 Stat. 699.) 3. § 52486. Same; hunting and fishing; regula- punishment—All hunting or the killing, wounding, or capturing at any time of any bird or Wild animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited with- in the limits of said park; nor shall any fish be taken Out Of the waters of the park in any other way than by hook and line, and then only at such seasons and in Such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regu- Iations as he may deem necessary and proper for the management and care of the park and for the protec- tion. Of the property therein, especially for the pres- ervation from injury or spoliation of all timber, min- eral deposits other than those legally located prior to the passage of the Act of May eleventh, nineteen hun- dred and ten (Thirty-sixth Statutes, page three hun- dred and fifty-four), natural curiosities, or wonder- ful Objects within said park, and for the protection of the animals and birds in the park from capture Or destruction, and to prevent their being frightened Or driven from the park; and he shall make rules and regulations governing the taking of fish from the Streams Or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any Wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty Of Violating this Act. Any person or persons, or Stage or express company, or railway company, who knows Or has reason to believe that they were taken or killed contrary to the provisions of this Act and Who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the man- agement and care of the park or for the protection of the property therein, for the preservation from injury Or Spoliation of timber, mineral deposits, other than those legally located prior to the passage of the Act of May eleventh, nineteen hundred and ten (Thirty- Sixth Statutes, page three hundred and fifty-four), natural Curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park com- Imit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, Springs, mineral deposits other than those legal- ly located prior to the passage of the Act of May eleventh, nineteen hundred and ten (Thirty-sixth Stat- utes, page three hundred and fifty-four), natural curi- Osities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty Of a misdemeanor and shall be subject to a fine of not more than $500, or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. (Aug. 22, 1914, c. 264, § 4, 38 Stat. 700.) § 5248c. Same; hunting and fishing; forfei- tures and seizures—All guns, traps, teams, horses, or means of transportation of every nature or descrip- tion used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, Tit. 32B) ź 5248m NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 799] or capturing such wild beasts, birds, or Wild animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested un- der charge of violating the provisions of this Act, and upon conviction under this Act of such person or per- Sons using said guns, traps, teams, horses, Or Other means of transportation, such forfeiture shall be adju- dicated as a penalty in addition to the other punish- ment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. (Aug. 22, 1914, c. 264, § 5, 38 Stat. 700.) § 5248f. Same; commissioner; jurisdiction; powers and duties—The United States district Court for the district of Montana shall appoint a Commis- Sioner, who shall reside in the park, and Who Shall have jurisdiction to hear and act upon all Complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes authorized by this Act. - Such Commissioner shall have power, upon SWOrn information, to issue process in the name of the Unit- ed States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescrib- ed for the government of said park and for the pro- tection of the animals, birds, and fish in said park, and to try the person SO charged, and, if found guilty, to impose punishment and to adjudge the forfeiture prescribed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States district court for the district of Montana, and the United States district Court in Said district Shall prescribe the rules of procedure and practice for said Commissioner in the trial Of Cases and for appeal to said United States district Court. (Aug. 22, 1914, c. 264, § 6, 38 Stat. 700.) § 5248g. Same; commissioner; arrest of of.- fenders, confinement, and bail—Any such Commis- Sioner shall also have power to issue process as here- inbefore provided for the arrest of any person Charged with the Commission, within said boundaries, of any criminal offense not covered by the provisions of Sec- tion four of this Act, to hear the evidence introduced, and if he is of Opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place Of confinement within the jurisdiction of the United States district court for the district of Montana, and Certify a transcript of the record of his proceedings and the testimony in the Case to said COUrt, which Court shall have jurisdiction of the Case: Provided, That the said Commissioner shall grant bail in all Cases bailable under the laws Of the United States Or of said State. (Aug. 22, 1914, c. 264, § 7, 38 Stat. 700.) § 5248 h. Same; commissioner; process di- reeted to marshal; arrest without process—All process issued by the commissioner shall be directed to the marshal of the United States for the district of Montana, but nothing herein contained shall be so construed as to prevent the arrest by any officer Or employee of the Government, or any person employed by the United States in the policing of said reserva- tion, within said lyöundaries, without process, of any person taken in the act of violating the law or this Act, or the regulations prescribed by said Secretary as aforesaid. (Aug. 22, 1914, c. 264, § 8, 38 Stat. 701.) § 5248i. Same; commissioner; safary; resi- dence; fees—The commissioner provided for in this Act shall be paid an annual salary of $1,500, payable quarterly: Provided, That the said commissioner shall reside within the exterior boundaries of Said Glacier National Park, at a place to be designated by the court making such appointment: And provided W further, that all fees, costs, and expenses Collected by the Commissioner shall be disposed of as proVided in sections eleven and twelve of this Act. (Aug. 22, 1914, c. 264, § 9, 38 Stat. 701.) § 5248.j. Same; fees, costs, and expenses; how certified and paid–All fees, COstS, and eXpenses : arising in Cases under this Act and properly chargea- ble to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the Courts of the United States. (Aug. 22, 1914, c. 264, § 10, 38 Stat. 701.) § 5248k. Same; fines and costs imposed and collected deposited with clerk—All fines and costs imposed and collected shall be deposited by said Com- missioner Of the United States ‘Or the marshal Of the |United States collecting the same with the clerk of the United States district Court for the district. Of Montana. (Aug. 22, 1914, c. 264, § 11, 38 Stat. 701.) § 5248l. Same; notice to Governor of Mon- tama of passage of act—The Secretary of the In- terior shall notify, in writing, the governor of the State of Montana of the passage and approval of this Act. (Aug. 22, 1914, c. 264, § 12, 38 Stat. 701.) § 524.8m. Same; donations of lands or rights of way—The Secretary of the Interior is authoriz- ed to accept patented lands or rights of way over patented lands in the Glacier National Park that may be donated for park purposes. (July 1, 1916, c. 209, § 1, 39 Stat. 308.) - § 5248mm. Same; donations of buildings and other property—The Secretary of the Interior is authorized, in his discretion, to accept buildings, mon- eys, or Other property which may be useful in the ! betterment of the administration and affairs Of the Glacier National Park under his supervision, and Which may be donated for park purposes. (June 12, 1917, c. 27, § 1, 40 Stat. 151.) § 524.8m. Same; sale of land to Hotel Com- pany—That the Secretary of the Interior be, and hereby is, authorized to sell and convey to the Gla- Cier Park Hotel Company, a Corporation Organized under the laws Of the State Of Minnesota and au- thorized to do business in the State Of Montana, its SucCeSSOrS and assigns, for hotel purposes, and at a price to be fixed by appraisement at not less than $25 per acre, and under such terms, conditions, and regulations as the Secretary of the Interior may pre- scribe, all that part of the south half of the north- west quarter of section thirty-six, in township thir- ty-two north, Of range nineteen West, Montana prin- Cipal meridian, Within the following described area: Beginning at a point On the Southerly line of the right of way of the Great Northern Railway Company, one hundred feet Southerly from and at right angles to the Center line of the main track of Said railway at a point in said center line four hundred and eighty- four feet easterly from its interSection. With the West line of Said section thirty-six ; thence southerly at right angles to said Center line three hundred and thirty feet, this course following approximately the line of the westerly fence Constructed by the United States Forestry Service in nineteen hundred and nine; thence easterly at right angles to the last-described . course six hundred and Seventy-two feet; thence northerly at right angles to the last-described course to the said Southerly line Of right Of Way, this course following, approximately, the line of the easterly fence constructed by the United States Forestry Serv- ice in nineteen hundred and nine; thence Westerly along the said southerly line of the right of way of the Great Northern Railway to the place of beginning, excepting therefrom that portion within lot eight, containing five acres, more or less, within the Flat- head National Forest, at Or near Belton, MOntana: Provided, however, That any hotel erected on said land Shall be operated by the said Glacier Park Hotel Company, its successors and assigns, under such rules and regulations as the Secretary of the Interior may ź 5249 (Tit. 32B NATIONAL PARKS, RESERVATIONS, AND MONUMENTs [Page 800] prescribe for the conduct and operation of hotels within the Glacier National Park. (March 2, 1917, c. 147, 39 Stat. 994.) § 5249. Same; expenditure of proceeds of leases and other revenues—Glacier National Park, Montana: * * All proceeds of leases and other revenues that may be derived from any source COn- nected with said park shall be expended under the direction of the Secretary of the Interior in the ad- ministration and improvement of the park, and the Construction of roads, trails, bridges, and so forth, therein. (March 4, 1911, c. 285, § 1, 36 Stat. 1421.) § 5249a. Rocky Mountain National Park; es- tablishment; reclarnation project—The tract of land in the State of Colorado particularly described by and included within metes and bounds as follows, to wit: Beginning at the southeast corner of section thirty-four, township three north, range seventy-three West of the sixth principal meridian, Colorado, thence north along the section lines to the northeast COrner Of section three, said township ; thence west to the northWest corner of said Section ; thence north along the Section lines to the northeast Corner Of Section Sixteen, township four north, range seventy-three West ; thence west to the northwest corner of said Section ; thence north to the northeast corner of Sec- tion eight, said township ; thence West along the Section lines to the northwest corner of section seven, Said township ; thence north to the northeast corner Of township four north, range seventy-four West; thence West along the first correction line north, to the Southeast corner of section thirty-six, township five north, range seventy-four west; thence north along the range line to the northeast corner of the SOutheast quarter of the southeast quarter of sec- tion thirteen, said township; thence west to the northWest corner of the southeast quarter of the SOUtheast quarter of section fourteen, said town- Ship ; thence north to the northwest corner of the Inortheast quarter of the southeast quarter of section eleven, Said township ; thence east to the northeast COrner of the northeast quarter of the southeast quar- ter of Section twelve, said township; thence south along the range line to the southeast corner of said Section; thence east along the section lines to the Southeast Corner of the southwest quarter of section fen, township five north, range seventy-three west; thence north to the northeast corner of the southwest Quarter Of Said section ; thence east to the southeast COrner of the northeast quarter of said section; thence north to the northeast corner of said section ; thence east to the southeast Corner of the Southwest quarter of the Southwest quarter of section two, said township ; thence north to the northeast corner of the southwest Quarter of the Southwest quarter of said section ; thence' east to the southeast corner of the northeast quarter Of the Southwest quarter, said Section ; thence north to the northeast corner of the northeast quar- ter of the Southwest quarter of Said Section ; thence east to the southeast corner of the northeast quarter Of Section One, Said township ; thence north along the range line to the northeast Corner of section thir- ty-six, township seven north, range seventy-three West; thence west along the section lines to the intersection with the west bank of the Big South. Cache la Poudre River in township seven north, range Seventy-five west; thence Southeasterly along the west bank of said river to the mouth of a tributary of said river, probably in Section One, township six north, range seventy-five West; Said tributary head- ing at La Poudre Pass in section twenty, township six north, range seventy-five west; thence southwest- erly along the west bank of said tributary to its head; thence across the Continental divide to the headwa- ters of the North Fork of the Grand River, which al- SO heads at La Poudre Pass; thence down the West bank Of the North Fork Of the Grand River to its intersection with the section line between sections tWenty-nine and thirty, township six north, range Seventy-five west; thence south along the section lines to the southeast corner of section eighteen, town- Ship five north, range seventy-five west; thence west along the section line to its intersection with the West bank of the North Fork of the Grand River; thence down the west bank of the North Fork of the Grand River to its intersection with the section line between sections twenty-five and thirty-six, township four north, range seventy-six west; thence east to the northeast corner of section thirty-six, said township ; thence South along the range line to the southeast Corner Of Said to Wnship; thence east along the town- Ship line to the northeast corner of the northwest quarter of section four, township three north, range Seventy-five West ; thence South to the Southwest COrner Of the northeast quarter of section nine, said to Wnship ; thence west along the quarter section line to its intersection with a creek in section seven, said township, this creek being an outlet of Grand Lake, and flowing into the North Fork of the Grand River; thence Southerly along the said Creek to its junction with the North Fork of the Grand River; thence SOutlerly along the West bank of the North Fork of the Grand River to its intersection with the town- Ship line between townships two and three north ; thence east along the township line to the southeast corner of section thirty-four, township three north, range Seventy-three west of the sixth principal merid- ian, Colorado, the place of beginning, all of said above-described tract now being included within the boundaries of the counties of Grand, Boulder, and Larimer, in the State of Colorado, is hereby reserved and withdrawn from settlement, occupancy, or dis- posal under the laws of the United States, and said tract is dedicated and set apart as a public park for the benefit and enjoyment of the people of the Unit- ed States, under the name of the Rocky Mountain National Park: Provided, That the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park Which may be necessary for the development and maintenance of a Government reclamation project. (Jan. 26, 1915, c. 19, § 1, 38 Stat. 798.) § 5249aa. Same; boundaries changed—The eastern boundary line of the Rocky Mountain Na- tional Park between the section corner common to Sections two and three, township three north, and sec- tions thirty-four and thirty-five, township four north, range Seventy-three west, and the township corner COmmon to toWnships five and six north, ranges sev- enty-two and seventy-three west, is hereby changed so aS to read as follows: - - “Beginning at a point on the present eastern bound- ary line of the Rocky Mountain National Park, Colo- rado, which is the northwest Corner Of Section two and the northeast Corner Of Section three, to Wnship three north, range seventy-three West of the sixth principal meridian, Colorado, running thence east along the township line to its intersection with the lmain hydrographic divide east of Cow Creek, between section thirty-one, township four north, and section six, to WInShip three north, range Seventy-two West ; thence northwesterly following along Said hydro- graphic divide, passing Over Twin Sisters, the Crags, passing West Of Lily Lake, and continuing along said hydrographic divide, now between Aspen Brook and Fish Creek and passing over Lily Mountain and Gianttrack Mountain to a point Which is the SOUth- east corner of Section thirty-four and the southwest corner of section thirty-five, township five north, range seventy-three West ; thence north along the Section lines between sections thirty-four and thirty-five, twenty-six and twenty-seven, twenty-two and twenty- three, fourteen and fifteen, to the quarter Corner Common to sections fourteen and fifteen, all in town- ship five north, range seventy-three West ; thence east along quarter-Section line, through sections four- Tit. 32B) ź 5249e NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 8011 teen and thirteen, township five north, range Seven- ty-three west and along the continuation of said Quar- ter-section line through section eighteen to the quar- ter corner common to sections eighteen and Seventeen, township five north, range seventy-two West ; thence north along the section line between sections eight- een and seventeen, seven and eight, five and Six, all in township five north, range seventy-two West, to that point which is the northeast corner of Section six and the northwest corner of section five in Said township and range; thence west along the town- ship line to the township corner common to toWn- ships five and six north, ranges seventy-two and Sev- enty-three west, which is on the present eastern boundary line of the Rocky Mountain National Park, Colorado.” And the lands lying between the present existing eastern boundary and the eastern boundary as Chang- ed by this Act between Said Section Corner COmmon to sections two and three, township three north, and sections thirty-four and thirty-five, township four north, range Seventy-three west, and said township Corner Common to townships five and six north, ranges seventy-two and seventy-three west, are hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and said tracts are hereby made a part of and included in the Rocky Mountain National Park, and all the provisions of the Act to establish the Rocky Mountain National Park in the State of Colorado, and for other purposes, approved January twenty-sixth, nineteen hundred and fifteen, are hereby made applicable to and extended Over the lands hereby added to the park. (Feb. 14, 1917, c. 61, 39 Stat. 916.) § 5249%. Same; claims and rights under Iand laws not affected; rights of way for irrigation and other purposes—Nothing herein contained shall affect any valid existing claim, location, or entry un- der the land laws of the United States, whether for homestead, mineral, right of way, or any other pur- pose whatsoever, or shall affect the rights of any such Claimant, locator, Or entryman to the full use and en- joyment of his land. Whenever consistent with the primary purposes of the park the Act of February fifteenth, nineteen hundred and one, applicable to the location of rights of way in certain national parks and the national forests for irrigation and other pur- poses, Shall be and remain applicable to the lands in- cluded within the park. The Secretary of the Interior Tmay, in his discretion and upon such conditions as he may deem wise, grant easements or rights of way for steam, electric, or similar transportation upon or across the park. (Jan. 26, 1915, c. 19, § 2, 38 Stat. 800.) § 5249c. Same; lands held in private, munic- ipal, or State ownership not affected—No lands located within the park boundaries now, held in pri- Vate, municipal, or State ownership shall be affected by or subject to the provisions of this Act. (Jan. 26, 1915, c. 19, § 3, 38 Stat. 800.) § 5249d. Same; control of; regulations; leas- es; sale and removal of timber; automobiles— The said park shall be under the executive control Of the Secretary Of the Interior, and it shall be the duty Of the said executive authority, as SOOn as practicable, to make and publish Such reasonable rules and regu- lations, not inconsistent with the laws of the United States, as the Said authority may deem necessary or proper for the care, protection, management, and improvement Of the Same, the said regulations being primarily aimed at the freest use of the said park for recreation purposes by the public and for the preser- Vation of the natural conditions and scenic beauties thereof. The said authority may, in his discretion, execute leases to parcels of ground not exceeding tWenty acres in extent in any one place to any person Or Company for not to exceed twenty years whenever Such ground is necessary for the erection of establish- COMP. ST.’18—51. ments for the accommodation of visitors, may grant such other necessary privileges and concessions as he deems wise for the accommodation of visitors, and may likewise arrange for the removal of such mature Or dead or down timber as he may deem necessary and advisable for the protection and improvement Of the park. The regulations governing the park Shall include provisions for the use of automobiles therein: Provided, That no appropriation for the maintenance, supervision or improvement of said park in excess of $10,000 annually shall be made unless the same Shall have first been expressly authorized by law. (Jan. 26, 1915, c. 19, § 4, 38 Stat. 800.) f : § 5249dd. Same; donations of lands or rights of way—EIereafter the Secretary of the Interior is au- thorized to accept patented lands or rights of Way OVer patented lands in the Rocky Mountain National Park that may be donated for park purposes. (June 12, 1917, c. 27, § 1, 40 Stat. 152.) 4. § 5249e. Lassen Volcanic National Park; es- tablishment; boundaries; entries under land laws; rights of way; reclamation projects; in- demnity lands—All those certain tracts, pieces, Or parcels of land lying and being situate in the State of California and within the boundaries particularly de- scribed as follows, to wit: Beginning at the north- east corner of section three, township thirty-One,. range six east, Mount Diablo meridian, California ; thence southerly to the southeast Corner of Said Sec- tion ; thence easterly to the northeast corner Of the northwest quarter of section eleven, said township ; thence southerly to the southeast Corner of the South- west quarter of section fourteen, said township ; thence easterly to the northeast corner of the north- west quarter of section twenty-four, said township ; thence Southerly to the Southeast Corner Of the SOUth- west quarter of section twenty-five, said township ; thence westerly to the southwest corner of section twenty-six, said township; thence southerly to the southeast Corner of section thirty-four, said township ; thence westerly along the sixth standard parallel north, allowing for the proper offsets, to the north- east corner of section three, township thirty north, range six east ; thence southerly to the southeast COr- ner of Section twenty-Seven, Said township ; thence Westerly to the Southwest Corner of the Southeast quarter of Section twenty-eight, said township ; thence northerly to the northwest Corner of the SOUtheast Quarter of said Section ; thence westerly to the south- West Corner of the northwest quarter of Said section ; thence northerly to the northwest corner of said Sec- tion ; thence westerly to the SOUthwest Corner of the Southeast quarter of Section twenty, said town- ship ; thence northerly to the northwest Corner of the SOUtheast quarter of said section ; thence westerly to the range line between ranges five and six east; thence southerly along said range line to the south- east Corner of township thirty north, range five east; thence westerly along the township line between town- ships twenty-nine and thirty north to the southwest corner of section thirty-three, township thirty north, range five east ; thence northerly to the northwest Corner of Said section ; thence Westerly to the South- West Corner of the southeast quarter of section twen- ty-nine, said township; thence northerly to the north- west Corner of the SOutheast quarter of said section ; thence Westerly to the SOUth West Corner of the north- west quarter of said section ; thence northerly to the northwest corner of said Section ; thence westerly to the Southwest Corner Of the Southeast quarter Of Sec- tion twenty, township thirty north, range four east ; thence northerly to the northwest Corner Of the Southeast quarter of Section eight, said township ; thence easterly to the northeast Corner Of the SOuth- west quarter of section nine, said township; thence northerly to the township line between townships thir- ty and thirty-One north ; thence easterly along the sixth standard parallel north, allowing for the prop- 3 5249f NATIONAL PARKS, RESERVATIONS, AND MONUMENTS (Tit. 32B [Page 802I er Offsets, to the Southwest corner of section thirty- three, township thirty-one north, range four east; thence northerly to the northwest corner of section tWenty-One, said township ; thence easterly to the range line between ranges four and five east ; thence northerly along said range line to the northwest cor- ner of fractional section eighteen, township thirty-one InOrth, range five east ; thence easterly to the South- West Corner Of Section twelve, Said township ; thence northerly to the northwest corner of section one, said township ; thence easterly along the township line between townships thirty-one and thirty-two north to the northeast corner of section three, township thirty-one north, range six east, the place of begin- ning, are hereby reserved and withdrawn from Set- tlement, Occupancy, disposal, or sale, under the laws of the United States, and said tracts are dedicated and set apart as a public park Or pleasuring ground for the benefit and enjoyment of the people of the TJnited States under the name and to be known and designated as the Lassen Volcanic National Park ; and all persons who shall locate or settle upon or Occupy the same, or any part thereof, except as here- inafter provided, shall be considered trespassers and be removed therefrom: Provided, That nothing here- in contained shall, affect any valid existing claim, lo- cation, or entry under the land laws of the United States Or the rights Of any Such claimant, locator, Or entryman to the full use and enjoyment of his land: Provided further, That rights of way for steam or electric railways, automobiles, or wagon roads may be acquired within said Lassen Volcanic National Park under filings or proceedings hereafter made or instituted under the laws applicable to the acquisi- tion of such rights over or upon the national forest lands of the United States when the construction of such roads will not interfere with the objects of the national park, and that the United States Recla- mation Service may enter upon and utilize for flow- age or other purposes any area within said park which may be necessary for the development and mainte- Ylance of a Government reclamation project ; that no lands located within the park boundaries now held in private, municipal, or State Ownership shall be affect- ed by or subject to the provisions of this Act: And provided further, That no lands within the limits of Said park hereby Created belonging to Or Claimed by any railroad or other corporation now having or claim- ing the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of said park. (Aug. 9, 1916, c. 302, § 1, 39 Stat. 442.) § 5249ſ. Same; control; rules and regula- tions; fish and game; leases; automobiles; stockgrazing—Said park shall be under the exclusive Control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations not inconsistent with the Ia WS Of the United States as he may deem necessary or proper for the care, protection, management, and improvement of the same. Such regulations being pri- marily aimed at the freest use of the said park for recreation purposes by the public and for the preser- Vation from injury or spoliation of all timber, miner- al deposits, and natural curiosities or wonders within said park and their retention in their natural condi- tion as far as practicable and for the preservation of the park in a state of nature so far as is consistent with the purposes of this Act. He shall provide against the wanton destruction of the fish and game found within said park and against their capture or de- struction for purposes of merchandise or profit, and generally shall be authorized to take all such meas- ures as shall be necessary to fully carry out the ob- jects and purposes of this Act. Said Secretary may, in his discretion, execute leases to parcels of ground not exceeding ten acres in extent at any one place to any One person or persons or company for not to ex- Ceed twenty years when such ground is necessary for the erection of buildings for the accommodation of Visitors and to parcels of ground not exceeding one acre in extent and for not to exceed twenty years to persons who have heretofore erected, or whom he may hereafter authorize to erect, Summer homes or Cottages. Such leases Or privileges may be renewed Or eXtended at the expiration of the terms thereof. NO exclusive privilege, however, shall be granted Within the park except upon the ground leased. The regulations governing the park shall include provi- Sions for the use of automobiles therein and the rea- Sonable grazing of stock. (Aug. 9, 1916, c. 302, § 2, 39 Stat. 444.) § 5249s. Same; sale and removal of timber— The Secretary of the Interior may also sell and permit the removal Of Such matured Or dead Or dOWn timber as he may deem necessary or advisable for the pro- tection or improvement of the park. (Aug. 9, 1916, c. 302, § 3, 39 Stat. 444.) - § 5249.h. Same; charges for leases and privi- leges—The Secretary of the Interior may exact such charges as he deems proper for leases and all other privileges granted hereunder. (Aug. 9, 1916, c. 302, § 4, 39 Stat. 444.) - • , - - § 5249i. Same; appropriations—No appropria- tion for the maintenance, Supervision, Or improve- ment of said park in excess of $5,000 annually shail be made unless the same shall have first been ex- pressly authorized by law. (Aug. 9, 1916, c. 302, § 5, 39 Stat. 444.) - - § 5249.j. Hawaii National Park; establish- ment; boundaries—The tracts Of land. On the island of Hawaii and on the island Of Maui, in the Territory Of Hawaii, hereinafter described, shall be perpetual- ly dedicated and set apart as a public park Or pleas- ure ground for the benefit and enjoyment Of the peo- ple Of the United States, to be known as Hawaii Na- tional Park. Said tracts of land are described as follows: First. All that tract of land comprising portions Of the lands Of Rapapala and Keauhou, in the dis- trict of Kau, and Kahaualea, Panaunui, and Apua, in the district of Puna, on the island of Hawaii con- taining approximately thirty-five thousand eight hun- dred and sixty-five acres, bounded as follows: Be- ginning at a point on the west edge of the Keamoku Aa Flow (lava flow of eighteen hundred and twenty- three), from which point the true azimuth and dis- tance to Government. Survey trigonometrical station Ohaikea is one hundred and sixty-six degrees twenty minutes, six thousand three hundred and fifty feet, and running by true azimuths: (First) Along the west edge of the Keamoku lava flow in a northeast- erly and northwesterly direction, the direct azimuth and distance being one hundred and ninety-eight de- grees ten minutes, fourteen thousand seven hundred feet; (second) two hundred and fifty-six degrees, eleven thousand four hundred feet, more or less, across the land Of Kapapala and Keauhou to a marked point on the Humuula trail; (third) three hundred and twenty-eight degrees fifteen minutes, eight thou- sand seven hundred and twenty-five feet, across the land of Keauhou to the top of the fault north of the Kau road ; (fourth) along the fault in a northeasterly direction, the direction azimuth and distance being two hundred and fifty-One degrees and thirty minutes, four thousand three hundred and thirty feet; (fifth) two hundred and forty-five degrees, six thousand feet, to a point near the southwest boundary of the land of Olaa; (sixth) three hundred and thirty-seven de- grees ten minutes, eight thousand six hundred and fifty feet, more or less, to the junction of the Hilo and Keauhou roads; (seventh) three hundred and thirty-three degrees and twenty minutes, three thou- sand three hundred feet, more or less, to the south- West corner of the land of Kea au ; (eighth) three hun- dred and thirty-two degrees and ten minutes, seven Tit. 32B) § 5249m NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 8031 thousand feet, along the land of Kahaualea ; (ninth) two hundred and eighty-one degrees, thirty thousand three hundred and seventy-five feet, more or less, across the land of Kahaualea, passing through the north corner of the land of Panaunui, to the north corner of the land of Laeapuki; (tenth) thirty-One de- grees thirty minutes, thirteen thousand tWO hlin- dred feet, more or less, along the land of Laeapuki and across the land of Panaunui.; (eleventh) eighty- nine degrees and ten minutes, thirty-two thousand nine hundred feet, more or less, across the land of Panaunui, Apua, and Keauhou to hipaa,” the boundary point of the Keauhou-Kapapala. boundary; (twelfth) fifty-one degrees and thirty min- utes, five thousand and five hundred feet, a CrOSS the land of Kapapala; (thirteenth) one hundred and two degrees and fifty minutes, nineteen thousand One hundred and fifty feet, across the land of Kapapala. to a small cone about One thousand five hundred feet southwest of Puu Koae trigonometrical Station ; (fourteenth) one hundred and sixty-six degrees, tWen- ty minutes, twenty-one thousand feet, across the land Of Kapapala to the point of beginning. Second. All that tract of land comprising portions of the lands of Kapapala and Kahuku, in the district Of Kau, island Of Hawaii; Keauhou Second, in the district of North Kona ; and - Kaohe, Hin-the-district- of Hamakua, Containing seventeen thousand nine hundred and twenty acres, bounded as follows: Be- ginning at Pohaku Hanalei of Humuula, a Small COne On the brow of Mauna Loa, and at the Common bound- ary points of the lands of Humuula, Kapapala, and IKaohe, from which the true azimuth and distance to Government survey trigonometrical station Oma.0- koili is one hundred and ninety-five. degrees twelve Iminutes eighteen seconds, seventy-eight thousand two hundred and eighty-six feet, and running by true azimuths: First, two hundred and ninety-eight de- grees, five thousand two hundred and forty feet; Sec- Ond, twenty-eight degrees, thirty-six thousand nine hundred and sixty feet; third, One hundred and eight- een degrees, twenty-One thousand one hundred and twenty feet; fourth, two hundred and eight degrees, thirty-six thousand nine hundred and sixty feet ; fifth, tWO hundred and ninety-eight degrees, fifteen thou- Sand eight hundred and eighty feet, to the point Of beginning. Third. A strip of land of sufficient width for a road to Connect the two tracts Of land. On the iS- land Of Hawaii above described, the Width and loca- tion of which Strip shall be determined by the Secre- tary Of the Interior. Fourth. All that tract of land Comprising portions of the lands of Honuaula and Kula, in the district of Makawao, and Kipahulu, Kaupo, and Kahikinui, in the district of Hana, On the island of Maui, Contain- ing approximately twenty-One thousand One hundred and fifty acres, bounded as follows: Beginning at a point called Kolekole, on the summit near the most Western point of the rim of the Crater of Haleakala, and running by approximate azimuths and distances: First, hundred and ninety-three degrees forty-five Iminutes nineteen thousand three hundred and fifty feet along the west slope of the crater of Haleakala to a point called Puu-O-Ili; Second, two hundred and sixty-eight degrees tWenty-three thousand feet up the Western slope and across KOOlau. . Gap to the point where the Southwest boundary Of ISOOlau Forest Re- serve Crosses the east rim of KOOlau Gap ; third, three hundred and Six degrees thirty minutes Seven- teen thousand one hundred and fifty feet along the southwest boundary of Koolau Forest Reserve to a point called Palalia, On the east rim of the Crater Of Haleakala ; fourth, along the east rim of the crater Of Haleakala, the direct azimuth and distance be- ing three hundred and fifty-four degrees fifteen min- utes eighteen thousand three hundred feet to a point On the east rim of Kaupo Gap, shown on Eławaiian “Palilele-O-Kali- . Government survey maps at an elevation of four thou- sand two hundred and eight feet; fifth, eighty-eight degrees forty-five minutes three thousand three hun- dred feet across Kaupo Gap to a point called Kaunli- kaohu, on the boundary line between the lands of Kipallulu and Kahikinui ; sixth, one hundred and tWO degrees and thirty minutes forty thousand seven hun- dred and fifty feet along the south slope of the Crater of Haleakala to the point of beginning. (Aug. 1, 1916, c. 264, § 1, 39 Stat. 432.) § 52491s. Same; entries under land laws; rights of way—Nothing herein Contained shall affect any Valid existing claim, location, or entry under the land laws of the United States, whether for home- Stead, mineral, right of way, or any other purpose Whatsoever, Or shall affect the rights Of any Such Claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park the Act of Febru- ary fifteenth, nineteen hundred and one, applicable to the location of rights of way in certain national parks and the national forests for irrigation and Other pur- poses, Shall be and remain applicable to the lands in- cluded within the park. The Secretary of the Inte- rior may, in his discretion and upon such conditions as he may deem wise, grant easements or rights of . -Way for steam, electric, or similar transportation up- On Or across the park. Stat. 433.) § 52497. Same; lands excluded—No lands lo- cated within the park boundaries now held in private Or municipal ownership shall be affected by or sub- ject to the provisions of this Act. , (Aug. 1, 1916, c. 264, § 3, 39 Stat. 434.) : + § 5249m. Same; control of; rules and regu- lations; leases; appropriations—The said park Shall be under the executive control of the Secretary Of the Interior whose duty it shall be, as soon as practicable, to make and publish such rules and reg- ulations as he may deem necessary or proper for the Care and management Of the same. Such regulations Shall provide for the preservation from injury, of all timber, birds, mineral deposits, and natural curiosities Or wonders within said park, and their retention in their natural condition as nearly as possible. The Secretary may in his discretion grant leases for terms not exceeding twenty years, at such annual rental as he may determine, Of parcels Of land in said park Of not more than twenty acres in all to any One per- son, Corporation, or Company for the erection and maintenance of buildings for the accommodation of visitors; but no such lease shall include any of the objects of curiosity or interest in said park or ex- Clude the public from free and convenient approach thereto or convey, either expressly or by implication, any exclusive privilege within the park except upon the premises held thereunder and for the time grant- ed therein; and every such lease shall require the lessee to Observe and obey each and every provi- Sion in any Act of Congress and every rule, order, or regulation of the Secretary of the Interior concern- ing the use, Care, management, Or government Of the park, or any object or property therein, under pen- alty of forfeiture of Such lease. The secretary may in his discretion grant to perSons Or Corporations now holding leases Of land in the park, upon the Surrender thereof, new leases hereunder, upon the terms and stipulations COntained in their present leases, with such modifications, restrictions, and res- ervations as he may prescribe. All of the proceeds Of Said leases and Other revenues that may be de- rived from any Source Connected with the park shall be expended under the direction of the Secretary, in the management and protection Of the Same and the construction Of roads and paths therein. The Secre- tary may also, in his discretion, permit the erection and maintenance Of buildings in said park for scien: tific purposes: Provided, That no appropriation for (Aug. 1, 1916, c. 264, § 2, 39 3 5249n • * NATIONAL PARKS, RESERVATIONs, AND MONUMENTS (Tit. 32B - [Page 804] - the maintenance, supervision, and improvement Of said park in excess of $10,000 annually shall be made unless the same shall have first been expressly au- thorized by law : And provided further, That no ap- propriation shall be made for the improvement Or maintenance of Said park until proper COn Veyances shall be made to the United States Of Such perpetual easements and rights Of Way Over private lands With- in the exterior boundaries of said park as the Secre- tary of the Interior shall find necessary to make said park reasonably accessible in all its parts, and said Secretary shall when such easements and rights Of Way have been conveyed to the United States Teport the same to Congress. (Aug. 1, 1916, c. 264, § 4, 39 Stat. 434.) - - § 5249m. Abraham Lincoln National Park or Reservation; deed to; admission fees to—The United States of America hereby accepts title to the lands mentioned in the deed of gift or conveyance now in possession of the Secretary of War, together With all the buildings and appurtenances thereon, especially the log cabin in which Abraham Lincoln Was born and the memorial hall inclosing the same, Which deed of conveyance was executed on the eleventh day of April, nineteen hundred, and sixteen, by the Lincolf, Farm Association, a corporation, to the United States of America, describing certain lands Situated near the town of Hodgenville, county of Tarue, State of Kentucky, which lands are more par- ticularly identified and described in said deed or con- Veyance. The title to such lands, buildings, and ap- purtenances is accepted upon the terms and condi- tions stated in Şaid deed or conveyance, namely: That the land therein described, together with the buildings and appurtenances thereon, shall be for- eVer dedicated to the purposes of a national park or reservation, the United States of America agreeing to protect and preserve the said lands, buildings, and appurtenances, and especially the log cabin in which Abraham Lincoln was born and the memorial hall inclosing the same, from spoliation, destruction, and further disintegration, to the end that they may be preserved for all time, so far as may be ; and fur- ther agreeing that there shall never be any charge Or fee made to or asked from the public for admission to the said park or reservation. (July 17, 1916, c. 247, § 1, 39 Stat. 385.) § 52490. Sarrie; endowment fund; protection and preservation—The United States of America hereby also accepts title to the endowment fund of $50,000 mentioned in the assignment and transfer, now in the possession of the Secretary of War, which assignment and transfer was executed on the eleventh. day Of April, nineteen hundred and sixteen, by the Lincoln Farm Association, a corporation, to the Unit- ed States of America, transferring and turning over all its right, title, and interest in and to said endow- ment fund, heretofore invested in certain Stocks, bonds, and Securities held and owned by the Lincoln Farm Association, and more particularly identified and described in said assignment and transfer. The title to said endowment fund is accepted upon the terms and COnditions stated in said assignment and transfer, namely, that the United States of America shall forever keep the said tract of land described in Said deed, together with the buildings and appur- tenances thereunto belonging, dedicated to the pur- pose of a national park or reservation, and that there shall never be any charge or fee made to or asked from the public for admission to the said park or reservation ; and further, shall forever protect, pre- Serve, and maintain said land, buildings, and appur- tenances, and especially the log cabin in which Abra- ham Lincoln was born and the memorial hall inclos- ing the same, from Spoliation, destruction, and fur- ther disintegration, to the end that they may be pre- Served for all time, as far as may be, as a national park or reservation. (July 17, 1916, c. 247, § 2, 39 Stat. 385.) § 5249p. Same; execution of instruments necessary to carry out purposes. of gift—The Pres- ident Of the United States of America and the Secre- tary of War are hereby authorized to execute, in the name Of the United States Of America, Such instru- ment Or instruments as may be or may become neces- Sary to COmply with Or carry Out the terms and Con- ditions of such gift or gifts and to secure the full benefit therefrom. (July 17, 1916, c. 247, § 3, 39 Stat. 386.) " . § 5249q. Same; rules and regulations—Upon the passage of this Act and the vesting of the title to the property accepted thereunder in the United States, it shall be under the control of the Secretary of War and administered under such regulations not inconsistent with law as he may from time to time prescribe. (July 17, 1916, c. 247, § 4, 39 Stat. 386.) § 52497". Mount McKinley National Park; es- tablishment; boundaries—The tract of land in the Territory of Alaska particularly described by and included within the metes and bounds, to wit: Begin- ning at a point as shown on Plate III, reconnoissance Imap of the Mount McKinley region, Alaska, prepared in the Geological Survey, edition of nineteen hundred and eleven, said point being at the summit of a hill between two forks of the headwaters of the Toklat. River, approximate latitude sixty-three degrees forty- Seven minutes, longitude one hundred and fifty de- grees tWenty minutes; thence south six degrees twen- ty minutes West nineteen miles; thence south Sixty- eight degrees west sixty miles; thence in a South- easterly direction approximately twenty-eight miles to the Summit Of Mount Russell ; thence in a north- easterly direction approximately eighty-nine miles to a point twenty-five miles due south of a point due east of the point of beginning; thence due north twenty-five miles to said point ; thence due west twen- ty-eight and one-half miles to the point of beginning, is hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and said tract is dedicated and set apart as a public park for the benefit and enjoyment of the peo- ple, under the name of the Mount McKinley National Park. (Feb. 26, 1917, c. 121, § 1, 39 Stat. 938.) - § 5249 rip. Same; entries under land laws not affected—Nothing herein Contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other purpose Whatso- ever, or shall affect the rights Of any such claimant, locator, Or entryman to the full use and enjoyment Of his land., (Feb. 26, 1917, c. 121, § 2, 39 Stat. 938.) § 5249s. Same; rights of way in-Whenever consistent with the primary purposes of the park, the Act of February fifteenth, nineteen hundred and one, applicable to the location of rights of way in certain national parks and national forests for irrigation and Other purposes, shall be and remain applicable to the lands included within the park. (IFeb. 26, 1917, c. 121, § 3, 39 Stat. 938.) } § 5249ss. Same; mineral land laws applicable —Nothing in this Act shall in any way modify or effect the mineral land laws now applicable to the lands in the said park. (Feb. 26, 1917, c. 121, § 4, 39 Stat. 938.) § 5249t. Same; control of; rules and regula- tions—The said park shall be under the executive con- trol of the Secretary of the Interior, and it shall be the duty Of the Said executive authority, as SOOn as practicable, to make and publish such rules and regu- lations not inconsistent with the laws Of the United States as the said authority may deem necessary Or proper for the care, protection, management, and im- provement of the same, the said regulations being primarily aimed at the freest use of the said park for recreation purposes by the public and for the preser- vation of animals, birds, and fish and for the preser- Vation Of the natural Curiosities and SCenic beauties thereof. (Feb. 26, 1917, c. 121, § 5, 39 Stat. 938.) Tit. 32B) ź 5253 NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 8051 § 5249tt. Same; game refuge; killing game in—The said park shall be, and is hereby, established as a game refuge, and no person shall kill any game in said park except under an order from the Secre- tary of the Interior for the protection of persons or to protect or prevent the extermination of other ani- mals or birds: Provided, That prospectors and miners engaged in prospecting or mining in Said park may take and kill therein so much game or birds as may be needed for their actual necessities when short Of food ; but in no case shall animals or birds be killed in Said park for. Sale Or removal therefrom, Or Wan- tonly. (Feb. 26, 1917, c. 121, § 6, 39 Stat. 939.) § 524911. Same; leases; appropriations—The said Secretary of the Interior may, in his discretion, execute leases to parcels of ground not exceeding twenty acres in extent for periods not to exceed twen- ty years whenever such ground is necessary for the erection of establishments for the accommodation of Visitors; may grant such other necessary privileges and COncessions as he deems wise for the accommoda- tion of visitors; and may likewise arrange for the removal Of Such mature Or dead. Or down timber as he may deem necessary and advisable for the protec- tion and improvement of the park: Provided, That Wise provided by law, under Süch rules and regula- tions as he may prescribe; and the tax imposed shall not exceed fifteen dollars per tub per annum, includ- ing land rent: Provided, That said leases shall in no Way prejudice any legal right that any person Or perSOnS may have acquired under the act hereby revived and continued, to any improvements on said ground: And provided further, That the Secretary Of the Interior be, and he is hereby, authorized to grant to hotels having bath houses attached, and to bath houses situated on the Hot Springs Reserva- tion, as well as in the city of Hot Springs, Arkansas, the right to install, maintain, and use, either in said bath houses or in connection with the rooms of said hotels Or the bath houses attached to said hotels, as many bath tubs as in his discretion he may deem proper and necessary for the public Service and the amount of hot water will justify. And provided fur- ther, That the superintendent shall provide and main- tain a sufficient number of free baths for the use Of the indigent, and the expense thereof shall be de- frayed out of the rentals hereinbefore provided for. In Cases where fractions of lots are made by Straightening, widening or laying out streets, the COImmissioners shall have power to determine the dis- no appropriation for the maintenance of said park in posal of the same, giving the preference to the owners eXCeSS Of $10,000 annually shall be made unless the Of abutting lots:– Provided; That-ail titles given or to —same-shall have first been expressly authorized by be given by the United States shall explicitly exclude law. (Feb. 26, 1917, c. 121, § 7, 39 Stat. 939.) § 5249 uu. Same; violations of act; punish- ment—Any person found guilty of violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. (IFeb. 26, 1917, c. 121, § 8, 39 Stat. 939.) . - § 5249 v. Donations of land for park purpos- es near or adjacent to Forest Reserve in North Carolina—Hereafter the Secretary of the Interior is authorized to accept for park purposes any lands and rights of way, including the Grandfather Mountain, near or adjacent to the Government forest reserve in western North Carolina. (June 12, 1917, c. 27, § 1, 40 Stat. 152.) - § 5250. Limit on cost of buildings erected in national parks—No expenditure for Construction of administration or other buildings cost in case of any building exceeding one thousand dollars shall here- after be made in any national park except under ex- press authority of Congress: Provided, That this shall not apply to buildings now in the process of ac- tual Construction. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 460.) § 5250a. Revenues of national parks covered into Treasury; estimates for care of parks—From and after . July first, nineteen hundred and eighteen, all revenues of the national parks, except Hot Springs Reservation, Arkansas, shall be covered into the Treasury to the credit of miscellaneous receipts; and the Secretary of the Interior is directed to sub- mit, for the fiscal year nineteen hundred and nineteen and annually thereafter, estimates Of the amounts required for the care, maintenance, and development Of the said parks. (June 12, 1917, c. 27, § 1, 40 Stat. 153.) § 5251. Hot Springs Reservation; establish- ment; leases of ground, bath holises, and supply of water; dedication to United States—The Sec- retary of the Interior is hereby directed to lease to the present proprietors of the Arlington Hotel or their assigns the grounds, not exceeding One acre, now occupied by them, for a period of ten years, unless Otherwise provided by law, at an annual rental Of One thousand dollars. And he is further directed to lease the bath houses Of a permanent nature now upon the Hot Springs reservation to the Owners of the same, and lease to any person. Or perSons upon such terms as may be agreed On, Sites for the building of other bath houses for the term of five years, unless other- the Tight to the purchaser of the land, his heirs or assigns, from ever boring thereon for hot water; and the Hot Springs, with the reservation and mountain are hereby dedicated to the United States, and shall remain forever free from sale or alienation. (Dec. 16, 1878, c. 5, 20 Stat. 258, amended, April 12, 1904, C. 1249, 33 Stat. 173.) § 5252. Same; leases of bath houses and sites; supply of water—The Secretary of the Interior is hereby authorized and empowered to execute leases to the bath-houses and bath-house sites on the perma- Ilent reservation at Hot Springs, Arkansas, for periods not exceeding twenty years, and at an annual rental Of not less than thirty dollars per tub for each tub used in any bath-house. Said annual rental shall be payable quarterly in advance, at the Office of the Gov- ernment Superintendent of said property, in Hot Springs, Arkansas: Provided, That the same rate for Water rent shall be charged for the water to all par- ties receiving the same, whether on or off the per- manent reservation: Provided, That after the Army and Navy hospital bath-house, the public bath-house, the bath-houses which are now or may hereafter be authorized on the permanent reservation, the Arling- ton Hotel, and the bath-houses off the permanent reservation now authorized to be supplied with hot Water, in the Order herein named, if there shall still be a surplus of hot water the Secretary of the In- terior may, in his discretion and under such regula- tions as he may prescribe, cause hot water to be fur- nished to bath-houses, hotels, and families off the permanent reservation: Provided, That such bath- houses, hotels, and families shall cause all connections for Obtaining such hot Water to be made at their own expense: Provided, That all water furnished to any hotel or family for other use than bathing shall be paid for at such reasonable price, as shall be fixed by the Secretary of the Interior: Provided further, That the Secretary of the Interior shall at the expira- tion of each period of five years during the continu- ance of each lease made hereunder readjust the terms and amounts Of payment provided for therein as may be just, but not less than the minimum herein pro- vided. (March 3, 1891, c. 533, § 1, 26 Stat. 842.) § 5253. Same; rules and regulations—All pow- er now possessed by the Secretary of the Interior for the regulating of leases of bath-houses, bath-house privileges, Or hotel rights on the reservation, or as to supplying hot Water to places off the reservation, is hereby retained and continued in him; and full power is Wested, in the Secretary of the Interior to & 5254 (Tit. 32B NATIONAL PARIKS, RESERVATIONS, AND MONUMENTS [Page 866] & provide, in all leases to be executed against any com- bination among lessees or their assigns, as to own- ership, prices, or accommodations at any bath-house; full power is also vested in him to make all needful rules and regulations as to the use of the hot water, and to prevent its waste, including full power to au- thorize the Superintendent of the reservation to make examination and inspection at any time of the manner Of using the hot water at any bath-tub, that it may be used in proper quantity only, and to prevent its Waste ; and also full power to provide and fix reason- | able maximum charges for all baths, or bathing privi- leges, Or services of any person connected with any bath-house furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Secretary of the Interior may Imake all necessary rules and regulations as to said bath-houses and the service therein as shall be deem- ed best for the public interest, and to provide penal- ties for the violation of any regulation which may be enforced as though provided by act of Congress. All leases and grants of hot-water privileges shall be held to be subject to all regulations now in force or Which may be hereafter adopted by the Secretary of the Interior, and for any violation of any regula- tion, known to the proprietor at the time of the Of- fense, the lease or grant may be canceled by the Sec- retary of the Interior. It shall be expressly provid- 2d in all leases and grants of privilege for hot wa- ter that the bath-house for which provision is made Shall not be owned or controlled by any person, Com- pany, or Corporation which may be the Owner of Or interested (as Stockholder or otherwise) in any other bath-house On Or near the Hot Springs Reservation; that neither the hot-Water privilege granted nor any interest therein, nor the right to Operate or control Said bath-house, shall be assigned Or transferred by the party of the second part without the approval of the Secretary of the Interior first obtained, in writ- ing; and if the ownership Or control of said bath- house be transferred to any person, Company, or Cor- poration Owning Or interested in any other bath-house On Or near said reservation, the Secretary of the In- terior may, for that cause, deprive the bath-house pro- Vided for Of the hot Water and Cancel the lease Or agreement. vation shall be on plans first approved by the Secre- tary of the Interior, and shall be required to be fire proof, as nearly as practicable. (March 3, 1891, c. 533, § 3, 26 Stat. 843.) - § 5254. Same; investigation of applicant for lease, or contract—The Secretary Of the Interior, before executing any lease to bath-houses Or bath- house sites On the permanent reservation or contracts for the use of hot water for bath-houses off the per- manent reservation, may make due investigation to ascertain whether the person, persons, Or Corporation applying for such lease or contract are not, directly or indirectly, interested in any manner whatever in any other bath-house lease, interest, or privilege at or near Hot Springs, Arkansas, or whether he or they belong to any pool, combination, Or association so in- terested, or whether he or they are members or stock- holders in any corporation SO interested, Or, if a cor- poration, whether its members Or any of them are members Or stockholders Of any Other COrporation Or association interested in any other bath-house, lease, interest, or privilege as aforesaid, and in order to arrive at the facts in any SūCh Case he is authorized to send for persons and papers, administer oaths to witnesses, and require affidavits from applicants; and any Such person making a false Oath or affidavit in the premises shall be deemed guilty of perjury, and, upon Conviction, subject to all the pains and penalties of perjury under the statutes of the United States; and whenever, either at the time of leasing or other time it appears to the Satisfaction of the said Secre- tary that Such interest in other bath-house, lease, in- All buildings to be erected on the reser- terest, or privilege exists, or at any time any pool or Combination exists between any two or more bath- houses or he deems it for the best interests of the management of the Hot Springs Reservation and wa- ters, or for the public interest he may refuse such lease, license, permit Or Other privilege, Or forfeit any lease or privilege wherein the parties interested have become otherwise interested as aforesaid. (March 3, 1891, c. 533, § 4, 26 Stat. 843.) - § 5255. Saime; taxation, under State laws— The consent of the United States is hereby given for the taxation, under the authority of the laws of the State Of Arkansas applicable to the equal taxation of personal property in that State, as personal property of all structures and other property in private own- ership on the Hot Springs Reservation. (March 3, 1891, c. 533, § 5, 26 Stat. 844.) § 5256. Samle; collection of water on reser- vation—The authority heretofore Conferred upon the Secretary of the Interior to collect the hot water up- On Said reservation shall be so construed as to require Water to be Collected Only where such Collection is necessary for its proper distribution, and not where by gravity the same can be properly utilized. (March 3, 1891, c. 533, § 6, 26 Stat. 844.) § 5257. Same; sale of Iots—The Secretary of the Interior may direct the public sale of all unsold Government lots On the Hot Springs Reservation, and not now permanently reserved at the City of Hot Springs, after having had the same reappraised, and also advertised as now required by law, and no lot shall be sold at less than the appraised price. (March 3, 1891, c. 533, § 7, 26 Stat. 844.) .. - § 5258. Same; operation of bath house in con- meetion with hotel—Nothing in this act shall be so COnStrued as to prevent the Stockholders of any Hotel from Operating a bath-house in connection with such Hotel as a part thereof. (March 3, 1891, c. 533, § 8, 26 Stat. 844.) § 5259. Same; lease of Arlington Hotel site; valuation of improvements—The Secretary of the Interior is hereby authorized to lease certain premises fronting On Central Avenue and on Fountain Street, In OW OCCupied by the buildings of the Arlington Hotel Company, at Hot Springs, Arkansas, on such terms and Conditions as he may determine. No lease made hereunder shall be for a longer period than twenty years. In Case Said premises shall be leased to an- Other lessee than the Arlington Hotel Company the provision of the lease ending March third, nineteen hundred and twelve, for a valuation of and payment for the improvements made by the Arlington Hotel Company shall be recognized by said Secretary; but he shall have the power to fix a time within which Such valuation must be made, and if Such valuation is not made within the time so fixed said Secretary may lease the premises free from all claim of said Arling- ton Hotel Company. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 459.) § 5260. Same; use of free bathhouses, limit- ed—Only persons who are without and unable to Ob- tain the means to pay for baths and are Suffering from ailments for which bathing in the water of the Hot Springs Reservation will afford relief or effect a cure shall be permitted to bathe at the free bathholise On the public reservation at Hot Springs, Arkan- Sas, and before any person shall be permitted to bathe at the free bathhouse On the reservation he shall be required to make oath, before such officer duly au- thorized to administer oaths for general purposes as the superintendent of the Hot Springs Reservation shall designate, that he is without and unable to Ob- tain the means to pay for baths, and any person de- siring to bathe at the free bathhouse on the Hot Springs Reservation making a false Oath as to his financial Condition shall be deemed guilty of a misde- Imeanor and upon conviction thereof shall be subject to a fine of not to exceed twenty-five dollars, or thirty Tit. 32B) 3 5266 NATIONAL PARKS, RESERVATIONS, AND MONUMENTS [Page 807I days' imprisonment, or both. (March 2, 1911, c. 200, 36 Stat. 1015.) § 5261. Same; cession of jurisdiction by Ar- kansas; laws operating within—The portion of the Hot Springs Mountain Reservation in the State of Ar- kansas situated and lying within boundaries defined as follows, “commencing at stone monument number- ed seven, set upon the West line of Reserve avenue and marking the boundary line of Hot Springs Moun- tain, and running thence in a northwesterly direction to a point upon the south line of Fountain street to a stone monument numbered forty-two and marking the boundary line of Hot Springs Mountain ; thence along the SOuth line Of Fountain Street to its inter- Section. With Central avenue Or to Stone monument numbered thirty-three ; thence South along the east line of Central avenue to where the same is intersect- ed by Reserve avenue at Stone monument numbered thirty; thence along the north boundary line of Re- Serve avenue to Stone monument numbered Seven, the point of commencement ; all in township tWO SOuth, range nineteen west, in the COunty Of Garland and Ståte of Arkansas, being a part of the permanent United States Hot Springs Reservation,” sole and exclusive jurisdiction Over which was Ceded to the United States by an act of the general assembly of the State of Arkansas, -entitled “An act ceding juris- diction to the United States over a part of the Hot Springs Mountain Reservation,” approved February twenty-first, nineteen hundred and three, which Ces- sion is hereby accepted, or within such boundaries as may be defined hereafter, shall be under the sole and exclusive jurisdiction Of the United States, and all laws applicable to places under such sole and eXclu- sive jurisdiction shall have full force and effect there- in : Provided, That nothing in this Act shall be so Construed as to forbid the Service Within Said bound- aries of any civil or criminal process of any court hav- ing jurisdiction in the State of Arkansas; that all fugitives from justice taking refuge within said bound- aries shall, on due application to the executive Of Said State, whose warrant may lawfully run within said territory for said purpose, be subject to the laws which apply to fugitives from justice found in the State of Arkansas: And provided further, That this Act shall not be so construed as to interfere With the right to tax all structures and other property in pri- vate ownership within the boundaries above describ- ed, accorded to the State of Arkansas by section five of the Act of Congress approved March third, eight- een hundred and ninety-One, entitled “An Act to regu- late the granting of leases at Hot Springs, Arkansas, and for other purposes.” (April 20, 1904, c. 1400, § 1, 33 Stat. 187.) - See § 5255. § 5262. Same; part of judicial district of Arkazasas; jurisdiction of offenses—Said above- described portion of said reservation shall Constitute a part of the eastern United States judicial district of Arkansas, and the district and circuit Courts of the United States in and for said district shall have jurisdiction of all Offenses Committed within Said boundaries. (April 20, 1904, c. 1400, § 2, 33 Stat. 187.) § 5263. Same; injuries to property—Any per- SOn who shall, within the said above-mentioned tract, COmmit any damage, injury, Or Spoliation to or upon any building fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, Springs, mineral deposits, natural curiosities, or Other matter or thing growing or being thereon, or Situated therein, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be sub- ject to a fine of not more than one hundred dollars and be adjudged to pay all costs of the proceedings. (April 20, 1904, c. 1400, § 3, 33 Stat. 187.) § 5264. Sarne; taking or use of or bathing in water in violation of rules and regulations—Any person who shall, except in compliance with such rules and regulations as the Secretary of the Interior may deem necessary, and which he is hereby author- ized and directed to make, enter or attempt to enter Upon Said described tract, take, or attempt to take, use, Or attempt to use, bathe in, or attempt to bathe in Water of any spring located thereon, or without presenting Satisfactory evidence that he or she (pro- Vided he or she is under medical treatment) is the patient of a physician duly registered at the office Of the Superintendent of the Hot Springs Reservation as one qualified, under such rules which the Secretary Of the Interior may have made or shall make, to pre- Scribe the waters of the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon conviction there- Of, Shall be subject to a fine of not more than one hundred dollars, and be adjudged to pay all costs Of the proceedings: Provided, That no physician who Shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain thus registered: And provided further, That if any person so bathing, or attempting to bathe, or SO entering, Or attempting to enter upon the described tract, shall have the permit of a physician, such physi- Cian shall be liable to the penalties of this section, unless he be regularly registered; and such person Shall not be liable to the penalties of this section, un- – less-it-shall be made to appear that he knew, or had reason to believe, that the physician giving him such permit was not regularly registered. (April 20, 1904, c. 1400, § 4, 33 Stat. 188.) * § 5265. Same; offenses under ordinances of Hot Springs or laws of Štate—If any act shall be COmmitted. Within Said boundaries which Would COn- Stitute an Offense under the municipal Ordinances Of the city of Hot Springs or the laws of the State of Arkansas, but which is not prohibited or the punish- ment of which is not specially provided for by any law Of the United States, regulation Of the Secretary Of the Interior, or by this Act, the offender shall be subject to the same punishment as the said munici- pal ordinances of the city of Hot Springs, or the laws Of the State Of Arkansas in force at the time Of the Commission of the Offense, may provide for a like Offense in the Said State, and no Subsequent re- peal of any such law or Ordinance shall affect any pending prosecution for an Offense Committed within said boundaries. (April 20, 1904, c. 1400, § 5, 33 Stat. 188.) § 5266. Same; proseetitions for violations of act or rules and regulations—Any United States commissioner duly appointed by the United States district Court for the eastern district of Arkansas, and residing in said district, shall have power and jurisdiction to hear and act upon all complaints made Of any and all violations of said Act of Congress ap- proved April twentieth, nineteen hundred and four. That any of said commissioners shall have power, upon SWOrn complaint, to issue process in the name of the United States for the arrest of any person Charged with the doing, otherwise than in compli- ance with the rules and regulations of the Secretary Of the Interior, of any act with reference to the mat- ters which the Secretary Of the Interior in Section four of this Act is authorized to regulate, or in Violation of such rules and regulations, or in violation of any provision of this Act, or with any misde- meanor or other like offense the punishment provided for which does not exceed a fine of one hundred dollars to try the person thus charged, and if found guilty, to impose the penalty prescribed. In all cases Of conviction an appeal shall lie from the judgment Of any Of Said COmmissioners to the United States district COurt for the eastern district of Arkansas. The said United States district court shall prescribe rules of procedure and practice for any of said commissioners in the trial of cases and with refer- ence to Said appeals. (April 20, 1904, c. 1400, § 6, 33 Stat. 188, amended, March 2, 1907, c. 2516, 34 Stat. 1218, and March 3, 1911, c. 230, 36 Stat. 1086.) Ž 5267 (Tit. 32B NATIONAL PARK, RESERVATIONS, AND MONUMENTS HPage 808.] § 5267. Same; prosecutions for other offenses –Any of said commissioners shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission, Within said boundaries, of any Criminal offense not COvered by the provisions of section six of this Act, to hear the evidence introduced, and if he is of Opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place for COnfine- ment, within the jurisdiction of the United States district court for the eastern district of Arkansas, and certify a transcript of the record of his proceedings and the testimony in the Case to said Court, which Court shall have jurisdiction of the case: Provided, That any Of Said Commissioners shall grant bail in all cases bailable under the laws of the United States Or Of the State of Arkansas Or the Ordinances Of the city of Hot Springs. (April 20, 1904, c. 1400, § 7, 33 Stat. 188, amended, March 2, 1907, c. 2516, § 2, 34 Stat. 1218.) § 5268. Same; process directed to marshal; arrests by others—All process issued by any of Said Commissioners shall be directed to the marshal Of the United States for the eastern district of Arkansas, but nothing herein contained shall be so construed as to prevent the arrest by any officer of the Govern- ment, police Of Said reservation, police Officer of the City of Hot Springs, or employee of the United States within said boundaries, without process, of any person taken in the act of violating the law or this Act, or doing anything with reference to the matters which in Section four Of this Act the Secre- tary Of the Interior is authorized to regulate, except in Compliance with Such rules and regulations, Or committing any act in violation of such regulations. (April 20, 1904, c. 1400, § 8, 33 Stat. 189, amended, March 2, 1907, c. 2516, § 2, 34 Stat. 1218.) § 5269. Sarme; fees of commissioner and mar- shal and deputies—Any of said commissioners refer- red to in this Act and the marshal Of the United States and his deputies in the eastern district of Arkansas shall be paid the same fees and COmpen- sation as are now provided by law for like services in said district. (April 20, 1904, c. 1400, § 9, 33 Stat. 189, amended, March 2, 1907, c. 2516, § 2, 34 Stat. 1218.) * § 5270. Same; fees chargeable to United States—All fees, costs, and expenses arising in Cases under this Act and properly chargeable to the United States shall be certified, approved, and paid as are Hilre fees, Costs, and expenses in the Courts of the {Jnited States. 189.) § 5271. Same; disposition of fines and costs— All fines and costs imposed and collected shall be de- posited by any of said “commissioners of the United States Or the marshal Of the United States Collecting the same with the clerk of the United States district Court for the judicial district in which said reserva- tion may be situated. (April 20, 1904, c. 1400, § 11, 33 Stat. 189, amended, March 2, 1907, c. 2516, § 2, 34 Stat. 1218.) - § 5272. Same; imprisonment for nonpayment of fines or costs—All persons who may be imprison- ed for nonpayment of any fine, or costs, provided for by this Act, or awaiting trial without bail, shall be confined in the jail of Pulaski County, at Little Rock, Arkansas, Or at Such place as may be Otherwise designated. (April 20, 1904, c. 1400, § 12, 33 Stat. 189.) - § 5273. Same; execution of sentence on eon- vietion—Upon the conviction of a party upon trial by any of said commissioners Or by said district court, execution of sentence shall be in conformity with the laws of the United States, anything in the statutes Of the State of Arkansas to the contrary notwithstanding. (April 20, 1904, c. 1400, § 13, 33 (April 20, 1904, c. 1400, § 10, 33 Stat. Stat. 189, amended, March 2, 1907, c. 2516, § 2, 34 Stat. 1218.) . § 5274. National Bison Range—National Bison Range: The President is hereby directed to reserve and except from the unallotted lands now embraced Within the Flathead Indian Reservation, in the State Of Montana, not to exceed twelve thousand eight hundred acres of said lands, near the confluence of the Pend d'Oreille and Jocko rivers, for a permanent national bison range for the herd of bison to be pre- sented by the American Bison Society. And there is hereby appropriated the sum of thirty thousand dol- lars, Or So much thereof as may be necessary, to enable the Secretary of the Interior to pay the con- federated tribes of the Flathead, Kootenai, and Up- per Pend d'Oreille, and such other Indians and per- Sons holding tribal relations or may rightfully belong On Said Flathead Indian Reservation, the appraised Value of said lands as shall be fixed and determined under the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four, en- titled “An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the Sale and disposal of all surplus lands after allotment.” And the Secretary of Agriculture is hereby authorized and directed to inclose said lands with a good and Substantial fence and to erect thereon the necessary Sheds and buildings for the proper care and mainte- nance of the said bison. (May 23, 1908, c. 192, 35 Stat. 267.) § 5275. Wind Cave National Game Preserve— For the establishment of a national game preserve, to be known as the Wind Cave National Game Preserve, upon the land embraced within the boundaries of the Wind Cave National Park, in the State of South Dakota, for a permanent national range for a herd Of buffalo to be presented to the United States by the American Bison Society, and for such other native American game animals as may be placed therein. The Secretary of Agriculture is authorized to acquire by purchase Or Condemnation such ad- jacent lands as may be necessary for the purpose of assuring an adequate, permanent water supply, and to enclose the said game preserve with a good and Substantial fence and to erect thereon all necessary Sheds and buildings for the proper Care and mainte- nance Of the said animals, twenty-six thousand dol- lars, to be available until expended. (Aug. 10, 1912, c. 284, 37 Stat. 293.) § 5276. Wyoming Pik Reserve—For the estab- lishment of a winter game (elk) reserve in the State Of Wyoming, which shall be located in that Section of Wyoming lying south of the Yellowstone Park, and shall include not less than two thousand acres in township forty-one north, ranges one hundred and fifteen and one hundred and sixteen west, forty-five thousand dollars, to be available until expended, and the Secretary of Agriculture is hereby authorized to purchase said lands with improvements, to erect neces- sary buildings and inclosures, and to incur other expenses necessary for the maintenance of the re- serve. (Aug. 10, 1912, c. 284, 37 Stat. 293.) § 5277. Same—For the establishment and mainte- nance of a winter elk refuge in the state of Wyoming, $5,000, to be available until expended, and the Sec- retary Of Agriculture is hereby authorized to include in said refuge and to inclose not more than one thousand acres of unoccupied public lands, which When Selected shall be made to COnform to the lines of the public surveys, and shall be adjacent to or partly inclosed by said refuge. (March 4, 1913, c. 145, 37 Stat. 847.) - - - § 5277a. Sullys Hill National Park Game Pre- serve—For the improvement of a game preserve in Sullys Hill National Park, in the State of North Da- Kota, $5,000, the same to be available until expended. The Secretary of Agriculture is authorized to inclose the said park with a good and substantial fence, to Tit. 32c) # 5286 THE NATIONAL MILITARY PARRS IPage 809] construct thereon all sheds, buildings, and corrals nec- essary for the proper care and maintenance of the animals and birds therein, to erect a suitable head- quarters, to Construct and maintain roads, trails, and Other structures necessary for the convenience of visi- tors, and to incur such other expenses as may be necessary for the proper maintenance of the preserve and the animals and birds placed therein. The Sec- retary of Agriculture is also authorized to place in the park buffalos, elk, deer, and such other wild or rare animals and birds as he may in his discretion decide. (June 30, 1914, c. 131, 38 Stat. 434.) § 5278. American antiquities--Any person who Shall appropriate, excavate, injure, or destroy any his- toric Or prehistoric ruin or monument, Or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permis- Sion of the Secretary of the Department of the Govern- Inent having jurisdiction Over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, Or Shall Suffer both fine and imprisonment, in the dis- Cretion of the court. (June 8, 1906, c. 3060, § 1, 34 Stat. 225.) § 5279. Sarme; setting apart as national mon- uments; reservation of land; relinquishiment of private claims—The President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic Or Scientific interest that are situated upon the lands Owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area com- patible with the proper Care and management of the Objects to be protected: Provided, That when such Objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or So much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary Of the Interior is hereby authorized to accept the re- linquishment of such tracts in behalf of the Govern- ment of the United States. (June 8, 1906, c. 3060, § 2, 34 Stat. 225.) Proclamations issued under this section: June 18, 1917, El Morro National Monument, New Mex- ico. June 29, 1917, Verendrye National Monument, North Da- kota. § 5280. Same; permits to examine ruins, ex- cavations, and gathering of objects—Permits for the examination of ruins, the excavation of archæo- logical sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, uni- || versities, eolleges, or other recognized scientific or edu- cational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. (June 8, 1906, c. 3060, § 3, 34 Stat. 225.) § 5281. Sarne; regulations—The Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this Act. (June 8, 1906, c. 3060, § 4, 34 Stat. 225.) TITLE XXXII C–THE NATIONAL MILITARY PAF KS Sec. 5282. Fields for military maneuvers. 5283. Camps for military instruction. 5284. Offenses relating to structures and vegetation. 5285. Trespassing for hunting or shooting. 5286. Arrest and prosecution of offenders. 5287. Refusal to surrender land in. 5288. Application of act. 5289. Acceptance of donations of land. 5290. Vacancies occurring in commissions in charge of parks. § 5282. Fields for military maneuvers—In OT- der to obtain practical benefits of great Value to the country from the establishment of national military parks, said parks and their approaches are hereby de- Clared to be national fields for military maneuvers for the Regular Army of the United States and the Na- tional Guard Or Militia of the States: Provided, That the said parks shall be Opened for Such purposes Only in the discretion of the Secretary of War, and under such regulations as he may prescribe. (May 15, 1896, c. 182, § 1, 29 Stat. 120.) § 5283. Camps for military instruction—The Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be available for Such purpose, to assemble, at his dis- Cretion, in camp at such season of the year and for Such period as he may designate, at such field of mili- tary maneuvers, such portions of the military forces Of the United States as he may think best, to receive military instruction there. The Secretary Of War is further authorized to make and publish regulations governing the assembling of the National Guard or Militia of the Several States upon the maneuvering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. (May 15, 1896, c. 182, § 2, 29 Stat. 121.) & § 5284. Offenses relating to structures and vegetation—Every person who willfully destroys, mu- tilates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or who willfully destroys, cuts, breaks, injures, Or removes any tree, shrub, or plant within the limits of any na- tional parks shall be deemed guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than one thousand dollars for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant destroyed, defaced, injured, Cut, or re- moved, or by imprisonment for not less than fifteen days and not more than one year, or by both fine and imprisonment. (March 3, 1897, c. 372, § 1, 29 Stat. 621.) § 5285. Trespassing for hunting, or shooting —Every person who shall trespass upon any national parks for the purpose of hunting Or shooting, Or Who Shall hunt any kind Of game thereOn with gun Or dog, or shall set trap or net or other device whatsoever thereon for the purpose of hunting Or Catching game Of any kind, shall be guilty of a misdemeanor, punish- able by a fine Of not more than One thousand dollars Or by imprisonment for not less than five days or more than thirty days, or by both fine and imprisonment. (March 3, 1897, c. 372, § 2, 29 Stat. 621.) § 5286. Arrest and prosecution of offenders —The Superintendent or any guardian of Such park is authorized to arrest forthwith any person engaged or who may have been engaged in committing any mis- demeanor named in this Act, and shall bring such per- son before any United States commissioner or judge Of any district or circuit 'court of the United States within either of the districts within which the park is situated, and in the district within which the misde- & 5287 (Tit. 32c THE NATIONAL MILITARY PARKS - Sec. [Page 810] meanor has been committed, for the purpose of hold- ing him to answer for such misdemeanor, and then and there shall make complaint in due form. (March 3, 1897, c. 372, § 3, 29 Stat. 621.) § 5287. Refusal to surrender land in-Any per- son to whom land lying within any national parks may have been leased, Who refuses to give up pos- Session of the same to the United States after the ter- Illination of said lease, and after possession has been demanded for the United States by any park commis- Sioner Or the park superintendent, or any person re- taining possession of land lying within the boundary Of Said park which he or she may have sold to the United States for park purposes and have received payment therefor, after possession of the same has been demanded for the United States by any park Commissioner Or the park Superintendent, shall be deemed guilty of trespass, and the United States may Imaintain an action for the recovery of the possession Of the premises SO withheld in the Courts Of the United States, according to the statutes or code of practice Of the State in which the park may be situated. (March 3, 1897, c. 372, § 4, 29 Stat. 622.) . § 5288. Application of act—This Act shall apply Only to the military parks of the United States. (March 3, 1897, c. 372, § 5, 29 Stat. 622.) § 5289. Acceptance of donations of land—The Secretary of War is hereby authorized to accept on behalf of the United States donations of land for road or other purposes. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 405.) . § 5290. Vacancies occurring in commissions in charge of parks—Hereafter Vacancies occurring by death Or resignation in the membership Of the Sev- eral Commissions in charge of national military parks shall not be filled, and the duties of the offices thus va- Cated shall devolve upon the remaining Commissioners or commissioner for each of said parks: Provided, That as vacancies OCCur hereunder the Secretary Of War shall become ex Officio a member of the Commis- sion effected with full authority to act with the re- maining Commissioners or commissioner, and in Case Of the vacation of all the Offices of Commissioner in any one park hereunder the duties of such commis- Sion shall thereafter be performed under the direc- tion of the Secretary of War. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 442.) - TITLE xxxIII—DUTIES UPON IMPORTs (R. S. §§ 2491–2516. pealed.) * This Title, as enacted in the Revised Statutes, included sections 2491–2516 thereof, of which sections 2503, 2504, con- tained the schedules of articles subject to duty and the rates of duty thereon, then in force, with a proviso an- nexed to section 2503, for Special rates of duty on certain Specified classes of goods; section 2504 contained the free list, of articles exempt from duty; contained various particular provisions relating to imports and duties thereon. Said rates of duty on certain articles were altered and additional articles were included in the free list, by Act Feb. 8, 1875, c. 36, §§ 1–10, 18 Stat. 307; and further alterations were made, and said proviso to R. S. § 2503, was repealed, by Act March 3, 1875, c. 127, §§ 3–6, 18 Stat. 340. R. S. § 2501, was also repealed by Act May 4, 1882, c. 120, 22 Stat. 58, and Act Dec. 23, 1882, c. 6, 22 Stat. 398; and R. S. § 2506, was repealed, on the ter- mination of articles 18–25, 30, of the treaty with Great Britain of May 8, 1871, pursuant to the Joint Resolution of March 3, 1883, No. 22, 22 Stat. 641. A substitute for this entire Title was enacted by section 6 of Act March 3, 1883, c. 121, 22 Stat. 488, 489, entitled “An act to reduce internal-revenue taxation, and for other purposes.” Said substitute was in the form of new sec- tions of the Revised Statutes, numbered 2491-2513, arrang- Superseded and re- and the other sections ed in different order, but covering the subjects of most of the Original sections then in force. New tariff schedules and free list, substitutes for the original R. S. §§ 2503, 2504, Were contained in the new sections 2502, 2503. Fur- ther sections of said act, Act March 3, 1883, c. 121, §§ 7-13, 22 Stat. 523, made other amendments and provisions relat- ...? ing to rates of duties and collection thereof. 3. All such previous provisions relating to the subject” of this Title were superseded by the provisions prescribing the articles subject to duty, and the rates of duty there- on. Of the McKinley Tariff Act of Oct. 1, 1890, c. 1244, §§ 1–25, 26 Stat. 567. These, in like manner, were superseded by the Wilson Tariff Act of Aug. 27, 1894, c. 349, 28 Stat. 509, Which was superseded by the Dingley Tariff Act of July 24, 1897, c. 11, which, again, was superseded by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, 36 Stat. 11, and that was superseded by the Underwood Tariff Act of Oct. 3, 1913, c. 16, §§ 1, 4, 38 Stat. 114. This Title, as enacted in the Revised Statutes, was not divided into chapters. For convenience of arrangement it is here divided into two chapters: Chapter A, “Tariff Schedules,” containing the provisions of sections 1 and 4 of said Underwood Tariff Act of 1913, as amended, with the provisions of other acts remaining in force relating thereto; and Chapter B, “The Tariff Commission,” con- taining the provisions of Act Sept. 8, 1916, c. 463, creat- ing and relating to the Tariff Commission. Chap. Sec. A. Tariff Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5291 Sec. 5326a Chap. B. The Tariff Commission. . . . . . . . . . . . . . . . . . . . . . . . . Chapter A–Tariff Schedules 5291. Articles dutiable, and rates; schedules and free list. 5291a. Dyestuffs. 5291b. Articles dutiable, and rates; schedules and free list. 5291c. Same; cepeal. 5292. Trade agreements with foreign nation.S. 5293. Reciprocity treaty with Cuba not affected except as to proviso. - 5294. Duties on articles coming from Philippines. 5295. Exemption of articles going to Porto Rico from internal- revenue taxes. 5296. Countervailing duty on articles on which export bounty was paid. - 5297. Marking articles to indicate country of origin; pack- ages, to indicate origin and quantity. 5298. Same; fraudulent violation of provisions; punishment. 5299. Importation of obscene books, lottery tickets, etc.; for- feiture. - 5300. Same; aiding or abetting violation of law a misde- meanor; punishment. 5301. Same; proceedings for seizure, condemnation, and de- - struction of articles. - 5302. Importation of neat cattle and hides prohibited; SuS- pension of prohibition, in part. 5303. Same; punishment. - 5304. Importation of goods manufactured by convict labor prohibited. -- 5305. Discriminating duty on goods imported in foreign ves- sels. Sec. 5306. Inmportation only in vessels of United States or of coun- try of origin. 5307. Same; restriction of preceding subsection. 5308. Admission, without payment of duty, under bond for exportation. - 5309. Importation in bond of materials for construction of vessels and of materials for building, their machinery, and articles for Outfit and equipment; use free of duty. * 5310. Withdrawal from bond of articles for repair of vessels. 5311. Discount on duties on goods imported in United States Vessels. 5312. Admission free of merchandise from vessels sunk and abandoned. * . 5313. Duty on articles reimported after exportation free of internal revenue tax. 5314. Duties imposed by act applicable to previous imports not entered, or entered without payment of duty and un- der bond. 5315. President to ascertain amount of imports and exports, and cause estimate of amount of domestic production and consumption and advise Congress. 5316. Repeal of Acts. 5317. Effect of invalidity of part of act on remainder thereof. 5318. Time of taking effect of act. 5319. Suspension of imports from countries making discrim- inations. 5320. Grain brought from Canada to be ground not subject to duty. *T. Ch. A) & 5291 DUTIES UPON IMPORTS [Page 811] Sec. 5321. Return free of live-stock exported for exhibition. 5322. Same; animals taken abroad with circus or menagerie. 5323. Imports and entry of persons from Panama Canal Zone. 5324. Products of Cuba; reduction of duties On. 5325, Same; no additional charges on; equal treatment of imports. 5326. Reciprocity with Canada. § 5291. Articles dutiable, and rates; sched- ules and free list—On and after the day following the passage of this Act, except as otherwise Specially pro- vided for in this Act, there shall be levied, Collected, and paid upon all articles when imported from any foreign country into the United States or into any Of its possessions (except the Philippine Islands and the islands of Guam and Tutuila) the rates of duty Which are by the schedules and paragraphs of the dutiable list of this section prescribed, namely: DUTIABLE LIST SCHEDULE A.—CHEMICALS, OILS, AND PAINTS 1. Acids: Boracic acid, 94 cents per pound; Citric acid, 5 cents per pound; formic acid, 1% Cents per pound; gallic acid, 6 cents per pound; lactic acid, 1% cents per pound; Oxalic acid, 1% Cents per pound; pyrogallic acid, 12 cents per pound; [Salicylic acid, 2% cents per pound;] tanic acid and tannin, 5 CentS per pound; tartaric acid, 3% cents per pound; all other- acids and acid anhydrides not specially provided for in this section, 15 per centum ad Valorem. The words in this paragraph “salicylic acid, 2% cents per pound,” inclosed in brackets, Were repealed by Act Sept. 8, 1916, c. 463, § 502, post, § 52910, and a different rate of duty imposed thereon by §§ 500, 501, of Said Act Sept. 8, 1916, c. 463, post, §§ 5291a, 5291b. 2. Acetic anhydrid, 2% cents per pound. 3. Acetone, 1 cent per pound. 4. Dried egg albumen, 3 cents per pound. 5. Alkalies, alkaloids, and all chemical and medicin- al compounds, preparations, mixtures and Salts, and combinations thereof not specially provided for in this section, 15 per centum ad Valorem. 6. Alumina, hydrate of, or refined bauxite; alum, alum cake, patent alum, sulphate of alumina, and aluminous Cake, and all other manufactured COm- pounds of alumina, not specially provided for in this section, 15 per centum ad Valorem. | 7. Ammonia, carbonate of, and muriate Of, 94 of 1. cent per pound; phosphate of, 1 cent per pound; liq- uid anhydrous, 2% cents per pound; ammoniacal gas Iiquor, 10 per centum ad Valorem. 8. Argols or crude tartar or wine lees Crude Or partly refined, containing not more than 90 per Cen- tum of potassium bitartrate, 5 per centum ad Valorem; containing more than 90 per centum of potassium bi- tartrate, cream of tartar, and Rochelle salts or tar- trate of Soda and potassa, 2% cents per pound; Calci- um tartrate crude, 5 per centum ad Valorem. 9. Balsams: Copaiba, fir or Canada, Peru, tolu, and all Other balsams, which are natural and uncompound- ed and not suitable for the manufacture Of perfumery and cosmetics, if in a crude State, not advanced in value or condition by any process Or treatment What- ever beyond that essential to the proper packing Of the balsams and the prevention of decay or deteriora- tion pending manufacture, all the foregoing not spe- Cially provided for in this section, 10 per centum ad valorem; if advanced in value or condition by any process or treatment whatever beyond that essential to the proper packing of the balsams and the preven- tion of decay or deterioration pending manufacture, all the foregoing not specially provided for in this section, 15 per centum ad valorem: Provided, That no article containing alcohol shall be classified for duty under this paragraph. 10. Barium, chloride of, 34 cent per pound; dioxide of, 1% cents per pound; carbonate of, precipitated, 15 per centum ad valorem. 11. Blacking of all kinds, polishing powders, and all Creams and preparations for cleaning or polishing, not specially provided for in this section, 15 per centum ad valorem: Provided, That no preparations Con- taining alcohol shall be classified for duty under this paragraph. 12. Bleaching powder, or chloride of lime, 1/10 cent per pound. - 13. Caffein, $1 per pound; compounds of Caffein, 25 per centum ad valorem; impure tea, tea Waste, tea siftings or sweepings, for manufacturing purposes in bond; pursuant to the provisions of the Act of May sixteenth, nineteen hundred and eight, 1 Cent per pound. 14. Calomel, corrosive sublimate, and other mer- Curial preparations, 15 per centum ad valorem. 15. Chalk, precipitated, suitable for medicinal Or toilet purposes; chalk put up in the form of Cubes, blocks, sticks, or disks, or otherwise, including tail- ors', billiard, red, and other manufactures Of Chalk not specially provided for in this section, 25 per Cen- tum ad Valorem. - 16. Chemical and medicinal compounds and prepara- tions, including mixtures and salts, distilled oils, es- Sential Oils, expressed oils, rendered oils, greases, ethers, flavoring and other extracts and fruit essences, all the foregoing and their combinations when Con- taining alcohol, and all articles consisting of vegeta- ble or mineral objects immersed or placed in, or sat- —urated with, alcohol, except perfumery and spirit var- nishes, and all alcoholic compounds not specially pro- Vided for in this section, if containing 20 per centum Of alcohol or less, 10 cents per pound and 20 per cen- tum ad Valorem; containing more than 20 per centum and not more than 50 per centum of alcohol, 20 cents Der pound and 20 per centum ad valorem; containing more than 50 per centum of alcohol, 40 cents per pound and 20 per centum ad valorem. 17. Chemical and medicinal compounds, combina- tions and all similar articles dutiable under this sec- tion, except Soap, whether specially provided for or not, put up in individual packages of two and one-half pounds or less gross weight (except sampies without Commercial Value) shall be dutiable at a rate not less than 20 per centum ad valorem: Provided, That chem- icals, drugs, medicinal and similar substances, wheth- er dutiable or free, imported in capsules, pills, tablets, 10Zenges, troches, ampoules, jubes, or similar forms. Shall be dutiable at not less than 25 per centum ad Valorena. 18. Chloral hydrate, Salol, phenolphthalein, urea, terpin hydrate, acetanilid, acetphenetidin, antipyrine, glycerophOSphoric acid and salts and compounds thereof, acetylsalicylic acid, aspirin, guiacol carbonate, and thymol, 25 per centum ad Valorem. 19. Chloroform, 2 cents per pound; carbon tetra- Chloride, 1 cent per pound. 20–23. [IRepealed.] Paragraphs 20–23 of this schedule were repealed by Act Sept. 8, 1916, c. 463, § 502, post, § 5291 c, and other duties imposed on the articles inciuded therein by §§ 500, 501, of Said Act Sept. 8, 1916, c. 463, post, $$ 5291a, 5291b. These paragraphs read as follows: “20. Coal-tar dyes or colors, not specially provided for in this section, 30 per centum ad valorem. -- “21. All other products or preparations of coal tar, not Colors or dyes, not specially provided for in this section, 15 per centum ad valorem. “22. Coal-tar distillates, not specially provided for in this Section; benzol, naphtol, resorcin, toluol, xylol ; all the foregoing not medicinal and not colors or dyes, 5 per Centum ad valorem. * “23. Coal-tar products known as anilin oil and salts, to- luidine, xyliding, Cumidin, binitrotoluol, binitrobenzol, ben- Zidin, tolidin, dianisidin, naphtylamin, diphenylamin, ben- Zaldehyde, , benzyl chloride, nitro-benzol and nitrotoluol, naphtylamin Sulfoacids and their sodium or potassium salts, naphtolsulfoacids and their sodium or potassium salts, amidonaphtolsulfoacids and their sodium or potas- sium salts, amidosalicylic acid, binitrochlorbenzol, dia- midostilbendisulfoacid, metanilic acid, paranitranilin, dim- ethylanilin; all the foregoing not medicinal and not colors or dyes, 10 per centum, ad valorem.” 24. Cobalt, oxide of, 10 cents per pound. 25. Collodion and all other liquid solutions of pyroxylin, or of other cellulose esters, or of cellulose, Ž 5291 (Tit. 33 DUTIES UPON IMPORTS [Page S123 i5 per centum ad valorem; compounds of pyroxylin or of other cellulose esters, whether known as Cellu- loid or by any other name, if in blocks, sheets, rods, tubes, or other forms not polished, wholly or partly, and not made into finished or partly finished articles, 25 per centum ad valorem; if polished, wholly or part- ly, or if finished or partly finished articles, of Which collodion or any compound of pyroxylin or other cel- lulose esters, by whatever name known, is the COm- ponent material of chief value, 40 per centum ad Valorem. e 26. Coloring for brandy, wine, beer, or other liquors, 40 per centum ad valorem. 27. Drugs, such as barks, beans, berries, buds, bulbs, bulbous roots, excrescences, fruits, flowers, dried fibers, dried insects, grains, gums, herbs, leaves, lichens, moss- es, roots, stems, vegetables, seeds (aromatic, not gar- den seeds), seeds of morbid growth, and weeds; any of the foregoing which are natural and uncompounded drugs and not edible, and not specially provided for in this section, but which are advanced in value OT condition by shredding, grinding, chipping, Crushing, or any other process or treatment Whatever beyond that essential to the proper packing of the drugs and the prevention of decay or deterioration pending man- ufacture, 10 per centum ad valorem : Provided, That no article containing alcohol shall be classified for duty under this paragraph. 28. Ergot, 10 cents per pound. 29. Ethers: Sulphuric, 4 cents per pound; amyl nitrite, 20 per centum ad valorem; amyl acetate and ethyl acetate or acetic ether, 5 cents per pound; ethyl chloride, 20 per centum ad valorem; ethers and esters of all kinds not specially provided for in this section, 20 per centum ad Valorem: Provided, That no article containing more than 10 per centum of alcohol shall be classified for duty under this paragraph. - 30. Extracts and decoctions of nutgalls, Persian ber- ries, Sumac, logwood, and other dyewoods, and all ex- tracts of vegetable Origin suitable for dyeing, Color- ing, or staining, not Specially provided for in this Sec- tion; all the foregoing not containing alcohol and not medicinal, 9% of 1 cent per pound. 31. Extract of chlorophyll, 15 per centum ad Valor- em; Saffron and safflower, and extract of, and Saffron Cake, 10 per centum ad valorem : Provided, That no article containing alcohol shall be classified for duty under this paragraph. 32. Formaldehyde Solution containing not more than 40 per centum of formaldehyde, or formaline, 1 cent per pound. 33. Fusel oil, or amylic alcohol, #4 cent per pound. 34. Gelatin, glue, and glue size, Valued not above 10 cents per pound, 1 cent per pound; valued above 10 cents per pound and not above 25 cents per pound, 15 per centum ad Valorem; Valued above 25 cents per pound, 25 per centum ad Valorem; manufactures Of gelatin or manufactures of which gelatin is the com- ponent material of Chief value, 25 per centum ad Va- lorem; isinglass and prepared fish sounds, 25 per Centum ad Valorem; agar-agar, 20 per centum ad Va- }Orem. 35. Glycerin, Crude, not purified, 1 cent per pound; refined, 2 cents per pound. 36. Gums: Amber, and amberoid unmanufactured, or crude gum, not specially provided for in this sec- tion, $1 per pound; arabic, or Senegal, #4, Cent per pound; Camphor, crude, natural, 1 cent per pound; Câmphor refined and Synthetic, 5 cents per pound; chicle, crude, 15 cents per pound; refined or advanced in value by drying, straining, or any other process Or treatment whatever beyond that essential to the prop- er packing, 20 cents per pound; dextrine, made from potato starch or potato flour, 1% Cents per pound; dextrine, not otherwise provided for, burnt starch Or British gum, dextrine substitutes, and soluble or chem- ically treated starch, 94 of 1 cent per pound. 37. Ink and ink powders, 15 per centum ad Valorem. 38. Iodoform, and potassium iodide, 15 cents per pound. * 39. Leaves and roots: Buchu leaves, 10 cents per pound ; Coca leaves, 10 cents per pound; gentian, 44 cent per pound; JiCorice root, #4 Cent per pound; Sarsa- parilla root, 1 cent per pound. w 40. Licorice, extracts of, in pastes, rolls, or other forms, 1 cent per pound. 41. Lime, citrate of, 1 cent per pound. 42. Magnesia : Calcined, 3% cents per pound; car- bonate of, precipitated, 1% cents per pound; sulphate of, or Epsom salts, 1/10 cent per pound. - 43. Menthol, 50 Cents per pound. 44. Oils, rendered: Sod, seal, herring, and other fish oil, not specially provided for in this section, 3 Cents per gallon; whale oil, 5 cents per gallon; sperm Oil, 8 Cents per gallon; wool grease including that known Commercially as degras or brown wool grease, Crude and not refined or improved in Value or condi- tion, % cent per pound; refined or improved in value OT condition, and not specially provided for in this Section, % cent per pound; lanolin, 1 cent per pound: all other animal oils, rendered oils and greases, and all Combinations of the same, not specially provided for in this section, 15 per centum ad valorem. & 45. Oils, expressed: Alizarin assistant, SulphOric- in Oleic acid, and ricinoleic acid, and soaps COntaining Castor oil, any of the foregoing in whatever form, and all other alizarin assistants and all soluble greases used in the processes of softening, dyeing, or finishing, not Specially provided for in this section, 25 per cen. tum ad Valorem; castor oil, 12 cents per gallon; flax- Seed and linseed oil, raw, boiled, or Oxidized, 10 cents per gallon of 7% pounds; poppy-seed oil, raw, boiled, Or Oxidized, rapeseed oil, and peanut oil, 6 cents per gallon; hempseed oil, 3 cents per gallon; almond oil, SWeet, 5 cents per pound; sesame or sesamum seed OT bean oil, 1 cent per pound; olive oil, not Specially provided for in this section, 20 cents per gallon; Olive oil, in bottles, jars, kegs, tins, or other packages hav- ing a CapaCity of less than five standard gallons each, 30 cents per gallon; all other expressed oils and aii combinations of the same, not specially provided for in this section, 15 per centum ad valorem. 46. Oils,...distilled and essential: Orange and Iemon, 10 per centum ad Valorem ; peppermint, 25 cents per pound; mace oil, 6 cents per pound; almond, bitter; amber . ambergris; anise or anise Seed ; bergamot ; Camomile ; caraway; cassia; Cinnamon; cedrat; cit- ronella and lemon-grass; civet; fennel; jasmine or Jasmine;. juniper; lavender, and aspic or spike lav- ender; limes; neroli, or orange flower; origanum, red Or White; rosemary or anthoss; attar of roses : thyme; and Valerian; all the foregoing oils, and ali fruit ethers, oils, and essences, and essential and dis- tilled Oils and all combinations of the same, not spe- Cially provided for in this section, 20 per centum ad Valorem: , Provided, That no article containing al- Cohol shall be classified for duty under this para- graph. - 47. Opium, crude or unmanufactured, and not adul- terated, containing 9 per centum and over of morphia, $3 per pound; Opium of the same composition, dried to contain 15 per centum or less of moisture, powder- ed, Or otherwise advanced beyond the condition of Crude or unmanufactured, $4 per pound; morphia Or morphine, Sulphate of, and all alkaloids of opium, and salts and esters thereof, $3 per ounce ; Cocaine, ecgonine, and all salts and derivatives of the same, $2 per ounce; aqueous extract of opium, for medici- nal uses, and tincture of, as laudanum, and other liq- uid preparations of opium, not specially provided for in this section, 60 per centum ad valorem ; Opium containing less than 9 per centum of morphia, $6 per pound ; but preparations of Opium deposited in bond- ed warehouses shall not be removed therefrom with- Out payment of duties, and such duties shall not be refunded: Provided, That nothing herein contained shall be SO COnStrued as to repeal Or in any manner Ch.A) & 5291 DUTIES UPON IMPORTS [Page 813] impair or affect the provisions of an Act entitled “An Act to prohibit the importation and use of Opium for Other than medicinal purposes,” approved February ninth, nineteen hundred and nine. 48. Perfumery, including cologne and other toilet waters, articles of perfumery, whether in Sachets Or otherwise, and all preparations used as applications to the hair, mouth, teeth, or skin, Such as COSImetics, dentifrices, including tooth soaps, pastes, including theatrical, grease paints, and pastes, poma des, pow- ders, and other toilet preparations, all the foregoing, if containing alcohol, 40 cents per pound and 60 per centum ad valorem; if not containing alcohol, 60 per centum ad valorem; floral or flower waters containing no alcohol, not specially provided for in this section, 20 per Centum ad Valorem. 49. Ambergris, enfleurage greases and floral essenc- es by whatever method obtained; flavoring extracts, musk, grained or in pods, civet, and all natural Or synthetic odoriferous or aromatic substances, prepa- rations, and mixtures used in the manufacture Of, but not marketable as, perfumes or cosmetics; all the foregoing not containing alcohol and not specially provided for in this section, 20 per centum ad wa- loren). 50. Plasters, healing or curative, of all kinds, and Court-plaster, 15 per centum ad Valorem. -- - 51. Baryta, sulphate of, or barytes, including bary- tes earth, unmanufactured, 15 per centum ad valor- em; manufactured, 20 per centum ad valorem ; blanc- fixe, or artificial sulphate of barytes, and satin white, Or artificial Sulphate of lime, 20 per centum ad va- 10 relm. - 52. Blues, such as Berlin, Prussian, Chinese, and all others, containing ferrocyanide of iron, in pulp, dry or ground in or mixed with oil or water, 20 per centum ad Valorem ; ultrannarine blue, whether dry, in pulp, or ground in or mixed with oil or water, and wash blue containing ultramarine, 15 per Centum ad Val Orenn. 53. Black pigments, made from bone, ivory, or veg- etable Substance, by whatever name known ; gas black and lampblack, dry or ground in or mixed with Oil or water, 15 per Centum ad Valorem. 54. Chrome yellow, chrome green, and all other Chromium Colors in the manufacture of which lead and bichromate of potash or soda are used, in pulp, dry, or ground in or mixed with oil or water, 20 per Centum ad Valorem. 55. Ocher and Ochery earths, Sienna and sienna earths, and umber and umber earths, 5 per centum ad valorem ; Spanish brown, venetian red, Indian red, and Colcothar or oxide of iron, not specially provided for in this section, 10 per centum ad valorem. 56. Lead pigments: Litharge, Orange mineral, red lead, white lead, and all pigments containing lead, dry or in pulp, and ground or mixed with oil or wa- ter, not specially provided for in this section, 25 per centum ad valorem. 57. Ilead, acetate of, white, and nitrate of, 1% cents per pound ; acetate of, brown, gray, or yellow, 1 cent per pound ; all other lead compounds not spe- cially provided for in this section, 20 per centum ad Valorem. 58. Varnishes, including SO-Called gold size Or ja- pan, 10 per centum ad valorem: Provided, That Spir- it warnishes containing less than 10 per centum of methyl alcohol. Of the total alcohol COIntained there- in, shall be dutiable at $1.32 per gallon and 15 per Centum ad Valorem. 59. Vermilion reds, containing quicksilver, dry or ground in Oil or Water, 15 per centum ad valorem ; When not containing quicksilver but made of lead or COntaining lead, 25 per centum ad Valorem. 60. Whiting and Paris white, dry, and chalk, ground Or bolted, 1/10 cent per pound; whiting and Paris white, ground in oil, or putty, 15 per centum ad valorem. 61. Zinc, oxide of, and pigments containing zinc but not containing more than 5 per centum of lead, ground dry, 10 per centum ad valorem; when ground in Or mixed with Oil or Water, lithopone and White Sulphide Of Zinc, 15 per Centum ad valorem. 62. Zinc, chloride of and sulphate of, Ž, cent per pollind. - 63. Enamel paints, and all paints, Colors, pigments, Stains, Crayons, including charcoal Crayons or fusainS, Smalts, and frostings, and all Ceramic and glass flux- es, glazes, enamels, and colors, whether Crude, dry, mixed, or ground with water or oil or with solutions other than oil, not specially provided for in this sec- tion, 15 per centum ad Valorem ; all paints, COlors, and pigments commonly known as artists’ paints or colors, whether in tubes, pans, cakes, or other forms, 20 per centum ad Valorem ; all Color lakes, whether dry or in pulp, not specially provided for in this sec- tion, 20 per centum ad valorem. 64. Potash: Bicarbonate of, refined, and Chlorate of, 14, cent per pound ; chromate and bichromate Of, 1 cent per pound; nitrate of, or saltpeter, refined, $7 per ton ; permanganate Of, 1 Cent per pound ; pruS- siate of, red, 2 cents per pound ; yellow, 1% Cents per pound. 65. Salts and all other compounds and mixtures Of which bismuth, gold, platinum, rhodium, silver, or tin constitute the element of chief Value, 10 per cen- tum ad Valorem. - 66. Soaps: Perfumed toilet soaps, 30 per centum ad Valorem; medicinal Soaps, 20 per Centum ad Vä- lorem; castile soap, and unperfumed toilet Soap, 10 per Centum ad Valorem; all. Other Soaps and SOap powder not specially provided for in this section, 5 per Centum ad Valorem. 67. Soda: Benzoate of, 5 cents per pound; chlorate of, and nitrite of, 4% cent per pound; bicarbonate of, Or superCarbonate of, or saleratus, and other alkalies containing 50 per centum or more of bicarbonate of Soda ; hydrate of, or caustic ; phosphate of ; hypo- Sulphite of ; sulphid of, and sulphite of, 14 cent per pound ; chromate and bichromate of, and yellow prus- siate Of, 34 cent per pound; borate of, or borax refin- ed; Crystal Carbonate of, monohydrate, and sesquicar- bonate Of; sal Soda, and soda Crystals, #3 Cent per pound; and Sulphate of soda Crystallized, or Glauber Salts, $1 per ton. 68. Sponges: Trimmed Or untrimmed but not ad- Vanced in value by chemical processes, 10 per centum ad Valorem; bleached sponges and sponges advanced in value by processes involving chemical operations, manufactures of Sponges, or of which sponge is the Component material of chief value, not specially pro- Vided for in this section, 15 per centum ad Valorem. 69. Talcum, ground talc, steatite, and French chalk, cut, powdered, washed, or pulverized, 15 per centum . ad ValOrem. 70. Vanillin, 10 cents per ounce; vanilla beans, 30 cents per pound ; tonka beans, 25 cents per pound. SCHEDULE B.—EARTHS, EARTHENWARE, AND GLASSWARE 71. Fire brick, magnesite brick, chrome brick, and brick not specially provided for in this section, not glazed, enameled, painted, vitrified, ornamented, or deCOrated in any manner, 10 per centum ad valorem ; if glazed, enameled, painted, vitrified, ornamented, Or decorated in any manner, and bath brick, 15 per Centum ad Valorem. 72. Tiles, plain unglazed, one color, exceeding two Square inches in size, 1% Cents per Square foot ; glaz- ed, ornamented, hand-painted, enameled, vitrified, semivitrified, decorated, encaustic, ceramic mosaic, flint, Spar, embossed, gold decorated, grooved and cor- rugated, and all Óther earthenware tiles and tiling, except pill tiles and so-called quarries or quarry tiles, but including tiles wholly or in part of cement, 5 Cents per square foot; so-called quarries or quarry Ž 5291 (Tit. 33 . DUTIES UPON IMPORTS [Page 814] - tiles, 20 per centum ad valorem ; mantels, friezes, and articles Of every description Or parts thereof, composed wholly or in chief value of earthenware tiles or tiling, except pill tiles, 30 per Centum ad va- lorem. 73. Lime, 5 per centum ad Valorem. 74. Plaster rock or gypsum, crude, ground Or Cal- cined, pearl hardening for paper makers’ use ; white, non-staining Portland cement, Keene's cement, or Other cement of which gypsum is the component ma- terial of chief value, and all other cements not spe- cially provided for in this section, 10 per centum ad Valorem. 75. Pumice stone, unmanufactured, 5 per Centum ad valorem ; wholly or partially manufactured, 34 cent per pound; manufactures of pumice stone, or of which pumice stone is the component material Of Chief value, not specially provided for in this Sec- tion, 25 per centum ad ValOrem. 76. Clays or earths, unwrought or unmanufactur- ed, not specially provided for in this section, 50 cents per ton; wrought or manufactured, not specially pro- vided for in this section, $1 per ton; China Clay Or lºaolin, $1.25 per ton; fuller's earth, unwrought and unmanufactured, 75 cents per ton ; wrought Or man- ufactured, $1.50 per ton; fluorspar, $1.50 per ton: Provided, That the weight of the casks or other con- tainers shall be included in the dutiable Weight. 77. Mica, unmanufactured, valued at not above 15 cents per pound, 4 cents per pound; valued above 15 cents per pound, 25 per centum ad Valorem ; Cut mica, mica splittings, built-up mica, and all manufactures of mica, or of which mica is the component material of chief value, 30 per centum ad Valorem ; ground mica, 15 per Centum ad Valorem. 78. Common yellow, brown, or gray earthen Ware made of natural unwashed and unmixed clay ; plain Or embossed, common salt-glazed StoneWare; Stone- ware and earthenware crucibles; all the foregoing not Ornamented, incised, or decorated in any manner, 1 per centum ad valorem; if ornamented, incised, or decorated in any manner and manufactures Wholly or in chief value of such ware, not specially provid- ed for in this section, 20 per centum ad Valorem; Rockingham earthenware, 30 per centum ad Valorem. 79. Earthenware and Crockery ware composed Of a nonvitrified absorbent body, including white granite and semiporcelain earthenware, and Cream-Colored ware, and stoneware, including clock cases with Or without movements, pill, tiles, plaques, Ornaments, toys, charms, vases, statues, statuettes, mugs, Cups, Steins, lamps, and all other articles composed wholly Or in chief value of Such ware ; if plain white, plain yel- low, plain brown, plain red, or plain black, not paint- ed, colored, tinted, stained, enameled, gilded, printed, Ornamented Or decorated in any manner, and manu- factures in Chief value of such ware not Specially provided for in this section, 35 per centum ad Valor- em; if painted, colored, tinted, stained, enameled, gilded, printed, or ornamented or decorated in any manner, and manufactures in chief value Of Such ware not specially provided for in this section, 40 per centum ad Valorem. 80. China and porcelain wares composed of a vit- rified nonabsorbent body which when broken shows a vitrified or vitreous, or semivitrified or semivitreous fracture, and all bisque and parian wares, including clock cases with or without movements, plaques, orna- ments, toys, Charms, vases, statues, statuettes, mugs, cups, steins, lamps, and all other articles composed wholly or in chief value of such ware, if plain white, or plain brown, not, painted, colored, tinted, stained, enameled, gilded, printed, or ornamented or decorat- ed in any manner; and manufactures in Chief value of such ware not specially provided for in this sec- tion, 50 per centum ad valorem ; if painted, colored, tinted, stained, enameled, gilded, printed, Or Orna- mented Or deCOrated in any manner and manufac- tures in chief value of such ware not specially pro- vided for in this section, 55 per centum ad Valorem. 81. Earthy or mineral substances wholly or par- tially manufactured and articles and wares com- posed wholly or in chief value of earthy or mineral substances, not specially provided for in this sec- tion, whether Susceptible of decoration Or not, if not decorated in any manner, 20 per Centum ad valorem ; if decorated, 25 per centum ad Valorem ; unmanu- factured Carbon, not specially provided for in this Section, 15 per centum ad valorem; electrodes for electric furnaces, electrolytic and battery purposes, brushes, plates, and disks, all the foregoing composed wholly or in chief value of carbon, 25 per centum ad Valorem; manufactures of carbon not specially pro- Vided for in this section, 20 per centum ad Valorem. 82. Gas retorts, 10 per centum ad valorem; lava tips for burners, 15 per centum ad valorem; carbons for electric lighting, wholly or partly finished, made entirely from petroleum coke, 15 cents per hundred feet; if composed chiefly of lampblack or retort car- bon, 40 cents per hundred feet; Carbons for flaming arc lamps, not specially provided for in this section, and filter tubes, 30 per centum ad valorem ; porous Carbon pots for electric batteries, 15 per centum ad Valorem. S3. Plain green or colored, molded or pressed, and flint, lime, Or lead glass bottles, vials, jars, and Cov- ered and uncovered demijohns, and carboys, any of the foregoing, filled or unfilled, not otherwise spe- Cially provided for in this section, and whether their contents be dutiable or free (except such as contain merchandise Subject to an ad valorem rate of duty, Or to a rate of duty based in whole or in part upon the Value thereof which shall be dutiable at the rate applicable to their contents), 30 per centum ad va- lorem: Provided, That the terms bottles, vials, jars, demijohns, and carboys, as used herein, shall be re- stricted to Such articles when Suitable for use as and of the character ordinarily employed as containers for the holding or transportation of merchandise, and not as appliances Or implements in chemical or other Operations. S4. Glass bottles, decanters, and all articles of every description composed wholly or in chief value of glass, ornamented or decorated in any manner, or Cut, engraved, painted, decorated, ornamented, color- ed, stained, silvered, gilded, etched, sand blasted, frosted, or printed in any manner, or ground (except such grinding as is necessary for fitting stoppers or for purposes other than ornamentation), and all arti- cles of every description, including bottles and bot- tle glassware, composed wholly or in Chief value Of glass blown either in a mold or otherwise ; all of the foregoing, not specially provided for in this section, filled or unfilled, and whether their contents be dutia- ble or free, 45 per centum ad valorem: Provided, That for the purposes of this Act, bottles with cut- glass stoppers shall, with the stoppers, be deemed entireties. - 85. Unpolished, cylinder, crown, and common win- dow glass, not exceeding one hundred and fifty Square inches, 7% of 1 cent per pound ; above that, and not exceeding three hundred and eighty-four square inch- es, 1 cent per pound; above that, and not exceeding seven hundred and twenty square inches, 1% cents per pound; above that, and not exceeding one thou- sand two hundred square inches, 1% cents per pound ; above that, and not exceeding two thousand four hun- dred square inches, 1% cents per pound; above that, 2 cents per pound: Provided, That unpolished, cyl- inder, crown, and common window glass, imported in boxes, shall contain fifty square feet, as nearly as sizes will permit, and the duty shall be computed thereon according to the actual weight of glass. 86. Cylinder and crown glass, polished, not exceed- ing three hundred and eighty-four square inches, 3 cents per Square foot ; above that, and not exceed- Ch. A) DUTIES UPON IMPORTS * 5291 - [Page 815] ing seven hundred and twenty square inches, 4 cents per square foot; above that, and not exceeding one thousand four hundred and forty square inches, 7 Cents per Square foot; above that, 10 cents per Square foot. 87. Fluted, rolled, ribbed, or rough plate glass, or the same containing a wire netting within itself, not including crown, Cylinder, or common window glass, not exceeding three hundred and eighty-four square inches, 34, Cent per square foot ; all above that, 1 cent per square foot; and all fluted, rolled, ribbed, Or rough plate glass, weighing Over One hundred pounds per One hundred square feet, shall pay an ad- ditional duty On the excess at the same rates herein innposed: Provided, That all Of the above plate glass, When ground, smoothed, or otherwise obscured, shall be Subject to the same rate of duty as cast polished plate glass unsilvered. 88. Cast polished plate glass, finished or unfinished and unsilvered, or the same containing a wire netting Within itself, not exceeding three hundred and eighty- four Square inches, 6 cents per square foot; above that, and not exceeding seven hundred and twenty Square inches, 8 Cents per square foot; all above that, 12 Cents per Square foot. 89. Cast polished plate glass, silvered, cylinder and CrOWn glass, Silvered, and looking-glass plates ex- | ceeding in size one hundred and forty-four Square inches, shall be subject to a duty of 1 cent per square foot in addition to the rates otherwise chargeable on such glass unsilvered: Provided, That no looking- glass plates or glass silvered, when framed, shall pay a less rate of duty than that imposed upon similar glass of like description not framed, but shall pay in addition thereto upon such frames the rate of duty applicable thereto when imported separate. 90. Cast polished plate glass, silvered or unsilvered, and Cylinder, Crown, or common window glass, sil- Vered Or unsilvered, polished or unpolished, when bent, ground, obscured, frosted, sanded, enameled; beveled, etched, embossed, engraved, flashed, stained, Colored, painted, Ornamented, or, decorated, shall be Subject to a duty of 4 per centum ad valorem in ad- dition to the rates otherwise chargeable thereon. 91. Spectacles, eyeglasses, and goggles, and frames for the same, or parts thereof, finished or unfinished, 35 per Centum ad valorem. 92. Lenses of glass or pebble, molded or pressed, or ground and polished to a spherical, cylindrical, or prismatic form, and ground and polished plano or COQuill glasses, wholly or partly manufactured, strips Of glass, not more than three inches wide, ground or polished on One or both sides to a cylindrical or pris- matic form, including those used in the construction of gauges, and glass slides for magic lanterns, 25 per centum ad valorem. 93. Opera and field glasses, Optical instruments and frames and mountings for the same; all the forego- ing not specially provided for in this section, 35 per” Centum ad Valorem. 94. Surveying instruments, telescopes, microscopes, photographic and projection lenses, and frames and mountings for the same, 25 per Centum ad Valorem. 95. Stained Or painted glass windows, or parts thereof, and all mirrors, not exceeding in size one hundred and forty-four square inches, with or with- out frames or cases; incandescent electric-ſight bulbs and lamps, with or without filaments; and all glass or manufactures of glass Or paste or of which glass or paste is the component material of chief value, not specially provided for in this section, 30 per centum ad Valorem. 96. Fusible and glass enamel, not specially provid- ed for in this section, 20 per centum ad valorem ; Opal or cylinder glass tiles Or tiling, 30 per centum ad Valorem. 97. Marble, breccia, and onyx, in block, rough or squared only, 50 cents per cubic foot; marble, brec- cia, and Onyx, sawed or dressed, over two inches in thickness, 75 cents per cubic foot; slabs or paving tiles of marble or Onyx, containing not less than four Superficial inches, if not more than one inch in thick- ness, 6 Cents per Superficial foot; if more than One inch and not more than One and One-half inches in thickneSS, 8 Cents per Superficial foot; if more than One and One-half inches and not more than two inch- es in thickness, 10 cents per superficial foot ; if rub- bed in whole or in part, 2 cents per superficial foot in addition ; mosaic cubes of marble or Onyx, not exceeding two cubic inches in size, if loose, 20 per Centum . ad Valorem; if attached to paper Or other material, 35 per Centum ad valorem. * 98. Marble, breccia, Onyx, alabaster, and jet, whol- ly Or partly manufactured into monuments, benches, Vases, and Other articles, or of which these substanc- es Or either of them is the component material of Chief value, and all articles composed, wholly or in Chief value of agate, rock crystal, or other semipre- Cious Stones, except such as are cut into shapes and forms fitting them expressly for use in the construc- tion of jewelry, not specially provided for in this Section, 45 per centum ad Valorem. 99. Freestone, granite, sandstone, limestone, lava and all Other Stone suitable for use as monumental Or building Stone, except marble, breccia, and Onyx, not Specially provided for in this section, hewn, dress- ed, or polished, or otherwise manufactured, 25 per Centum ad Valorem; unmanufactured, or not dressed, hewn, or polished, 3 cents per cubic foot. 100. Grindstones, finished or unfinished, $1.50 per ton. 101. Slates, slate chimney pieces, mantels, slabs for tables, roofing slates, and all other manufactures Of Slate, not specially provided for in this section 10 per Centum ad Valorem. SCHEDULE C.—METALS AND MANUE"AC- TURES OF 102. Chrome Or Chromium metal ferrochrome Or ferrochromium, ferromolybdenum, ferrophosphorus, ferrotitanium, ferrotungsten, ferrovanadium, molyb- denum, titanium, tantalum, tungsten or wolfram met- al, and ferrosilicon, and other alloys used in the man- ufacture of steel, not specially provided for in this Section, 15 per centum ad valorem. 103. Muck bars, bar iron, square iron, rolled or hammered, round iron, in coils or rods, bars or shapes Of rolled or hammered iron not specially provided for in this section, 5 per centum ad valorem. 104. Beams, girders, joists, angles, channels, car- truck channels, TT, columns and posts or parts or Sections Of Columns and posts, deck and bulb beams, Sashes, frames, and building forms, together with all Other structural shapes of iron or steel, whether plain, punched, or fitted for use, or whether assem- bled Or manufactured, 10 per centum ad valorem. 105. Boiler or other plate iron or steel, and strips Of iron or steel, not specially provided for in this section ; sheets of iron or steel, common or black, of whatever dimensions, whether plain, corrugated or crimped, including crucible plate steel and saw plates, cut or sheared to shape or otherwise, or unsheared, and skelp iron or steel, whether sheared Or rolled in grooves, or otherwise, 12 per Centum ad Valorem. 106. Iron or steel anchors or parts thereof; forgings of iron or steel, or of combined iron and steel, but not machined, tooled, or otherwise advanced in condition by any process or operation subsequent to the forging process, not specially provided for in this section, 12 per centum ad valorem; antifriction balls, ball bear- ings, and roller bearings, of iron or steel or other metal, finished or unfinished, and parts thereof, 35 per Centum ad Valorem. 107. Hoop, band, or scroll iron or Steel not otherwise provided for in this section, and barrel hoops of iron or steel, wholly or partly manufactured, 10 per Centum ad Valorem. - 3 5291 DUTIES UPON IMPORTS (Tit. 33 - [Page 816] 108. Railway fishplates or splice bars made of iron ( gauge and not exceeding five inches in width, Whether or steel, 10 per centum ad Valorem. 109. All iron or steel sheets, plates, or Strips, and all hoop, band, or scroll iron or steel, when galvanized or coated with zinc, Spelter, or other metals, Or any alloy of those metals; sheets or plates composed of iron, steel, copper, nickel, or other metal With layers of other metal or metals imposed thereon by forging, hammering, rolling, or welding; sheets of iron or Steel, polished, planished, or glanced, by Whatever name designated, including such as have been pickled Or cleaned by acid, or by any other material or process, or which are cold rolled, smoothed only, not polished, and such as are cold hammered, blued, brightened, tempered, or polished by any process to such perfected" surface finish or polish better than the grade of Cold rolled, Smoothed only; and sheets or plates of iron Or steel, or taggers iron or steel, coated with tin Or lead, or with a mixture of which these metals, or either Of them is a component part, by the dipping or any Oth- er process, and commercially known as tin piates, terne plates, and taggers tin, and tin plates COated with metal, and metal sheets decorated in Colors Or Coated with nickel or other metals by dipping, print- ing, stenciling, or other process, 15 per Centum ad Valorem. 110. Steel bars, and tapered or beveled bars; mill shafting; pressed, sheared, or stamped shapes, not advanced in value or condition by any process Or Op- eration subsequent to the process of stamping; ham- mer molds or swaged steel; gun-barrel molds not in bars; all descriptions and Shapes of dry Sand, koalm, or iron molded, steel castings, sheets, and plates; all the foregoing, if made by the Bessemer, SiemenS- Martin, open-hearth, or similar processes, not COntain- ing alloys, such as nickel, cobalt, Vanadium, chromi- um, tungsten or Wolfram, molybdenum, titanium, iridi- um, Uranium, tantalum, boron, and similar alloys, 8 per Centum ad Valorem; Steel ingots, Cogged ingots, blooms and slabs, die blocks or blanks; billets and bars and tapered or beveled bars; pressed, sheared, or stamp- ed shapes not advanced in value or condition by any process or Operation subsequent to the process of stamping; hammer molds or swaged steel; gun-barrel Imolds not in bars; alloys used as Substitutes for Steel in the manufacture of tools; , all descriptions and shapes of dry Sand, loam, or iron molded Castings, sheets, and plates; rolled wire rods in coils or bars not smaller than twenty one-hundredths of one inch in diameter, and steel not specially provided for in this section, all the foregoing when made by the crucible, electric, or cementation process, either with or with- Out alloys, and finished by rolling, hammering, or Otherwise, and all steels by whatever process made, Containing alloys such as nickel, Cobalt, vanadium, Chromium, tungsten, wolfram, molybdenum, titanium, iridium, uranium, tantalum, boron and similar alloys, 15 per Centum ad Valorem. 111. Steel wool or steel shavings, 20 per centum ad Valorem. 112. Grit, shot, and Sand made of iron or steel, that Can be used as abrasives, 30 per centum ad Valorem. 113. Rivet, Screw, fence, nail, and other iron or steel Wire rods, whether round, Oval, or Square, or in any Other shape, and flat rods up to six inches in width ready to be drawn or rolled into wire or strips, all the foregoing in coils or otherwise, including wire. rods and iron or steel bars, cold rolled, cold drawn, Cold hammered, or polished in any way in addition to the ordinary process of hot rolling or hammering, not specially provided for in this section, 10 per centum ad valorem : Provided, That all around iron or Steel rods smaller than twenty one-hundredths of one inch in diameter shall be classed, and dutiable as wire. 114. Round iron or steel wire; wire composed of iron, steel, or other metal, except gold or silver, cov- ered with cotton, silk, or other material; corset clasps, COrSet Steels, dress steels, and all flat wires and Steel in Strips not thicker than number fifteen wire in long or short lengths, in coils or otherwise, and whether rolled or drawn through dies or rolls, Or otherwise produced; telegraph, telephone, and other wires and cables composed of metal and rubber, Or of metal, rubber, and other materials; iron and steel wire coated by dipping, galvanizing, or similar pro- cess with zinc, tin, or other metal; all other Wire not specially provided for in this section and ar- ticles manufactured wholly Or in Chief value of any wire or wires provided for in this section; all the foregoing 15 per centum ad valorem; Wire heddles and healds, 25 per centum ad Valorem; Wire rope, 30 per Centum ad Valorem. 115. No article not specially provided for in this Section, which is wholly or partly manufactured from tin plate, terne plate, Or the sheet, plate, hoop, band, or scroll iron or steel herein provided for, or of which Such tin plate, terne plate, sheet, plate, hoop, band, Or SCroll iron Or Steel shall be the material Of Chief val- ue, Shall pay a lower rate of duty than that imposed On the tin plate, terne plate, or sheet, plate, hoop, band, Or Scroll iron or Steel from which it is made, Or Of Which it shall be the COmponent thereof Of Chief Value. 116. No allowance or reduction of duties for partial 10SS Or damage in COnSequence of rust Or Of discolora- tion shall be made upon any description of iron Or steel, or upon any article wholly or partly manufactur- ed. Of iron or steel, or upon any manufacture of iron Or Steel. 117. All metal produced from iron or its Ores, which is cast and malleable, of whatever description or form, without regard to the percentage of Carbon Con- tained therein, whether produced by cementation, or Converted, cast, or made from iron or its Ores, by the crucible, Bessemer, Clapp-Griffith, pneumatic, Thomas- Gilchrist, basic, Siemens-Martin, or Open-hearth pro- cess or by the equivalent of either, or by a combina- tion. Of two or more of the processes, or their equiva- lents, or by any fusion or other process which pro- duces from iron or its ores a metal either granular or fibrous in structure, which is cast and malleable, ex- Cepting What is known as malleable-iron castings, shall be classed and denominated as steel. 118. Anvils of iron or steel, or of iron and Steel Com- bined, by Whatever process made, or in whatever Stage Of manufacture, 15 per Centum ad Valorem. - 119. Automobiles, valued at $2,000 or more, and au- tomobile bodies, 45 per centum ad Valorem; automobiles valued at less than $2,000, 30 per centum ad valorem; automobile chassis, and finished parts of automobiles, not including tires, 30 per centum ad Valorem. 120. Bicycles, motor Cycles, and finished parts there- of, not including tires, 25 per centum ad valorem. 121. Axles, or parts thereof, axle bars, axle blanks, or forgings for axles, whether of iron or steel, without reference to the stage Or state Of manufacture, not otherwise provided for in this section, 10 per centum ad Valorem : Provided, That, when iron Or Steel axles are imported fitted in wheels, or parts of wheels, of iron Or Steel, they shall be dutiable at the same rate as the wheels in which they are fitted. 122. BlackSmiths’ hammers, tongS, and Sledges, track tools, wedges, and crowbars, whether of iron or steel, 10 per Centum ad Valorem. - 123. Nuts or nut blanks, and Washers, 5 per Centum ad valorem; bolts of iron or steel, with or without threads or nuts, or bolt blanks, finished hinges Or hinge blanks, 10 per centum ad Valorem; spiral nut locks and lock washers, whether Of iron or Steel, 30 per Centum ad Valorem. 124. Card clothing not actually and permanently fitted to and attached to carding machines or to parts thereof at the time Of importation, when manufactur- ed with round iron or untempered round Steel Wire, 10 per centum ad valorem; when manufactured with tempered round steel wire, or with plated Wire or Other than round iron or steel Wire, or with felt face, Ch.A). 3 5291 DUTIES UPON IMPORTs IPage 817] or wool face, or rubber face cloth containing wool, 35 per centum ad Valorem. 125. Cast iron pipe of every description, Cast-iron andirons, plates, stove plates, sadirons, tailor’s irons, hatter’s irons, and castings and vessels Wholly Of Cast iron, including all castings of iron or cast-iron plates which have been chiseled, drilled, machined, Or other- wise advanced in condition by processes or Operations subsequent to the casting process but not made up into articles or finished machine parts; Castings Of malleable iron not specially provided for in this Sec- tion; cast hollow ware, coated, glazed, or tinned, 10 per Centum ad valorem. 126. Chain or chains Of all kinds, made of iron Or steel, not specially provided for in this section, 20 per centum ad valorem; Sprocket and machine Chains, 25 per Centum ad Valorem. - 127. Lap-welded, butt-welded, seamed, or jointed iron or steel tubes, pipes, flues, or stays; cylindrical or tubular tanks or vessels, for holding gas, liquids, Or other material, whether full or empty; flexible metal tubing or hose, not specially provided for in this sec- tion, whether Covered with Wire Or Other material, Or Otherwise, including any appliances or attachments affixed thereto; welded cylindrical furnaces, tubes or flues made from plate metal, and corrugated, ribbed, or otherwise reenforced against collapsing pressure, and all other iron or steel tubes, finished, not special- ly provided for in this section, 20 per centum ad va- lorem. 128. Penknives, pocketknives, clasp knives, pruning knives, budding knives, erasers, manicure knives, and all knives by whatever name known, including such as are denominatively mentioned in this Section, Which have folding or other than fixed blades Or attachments, and razors, all the foregoing, whether assembled but Inot fully finished or finished; valued at not more than $1 per dozen, 35 per centum ad valorem; valued at Imore than $1 per dozen, 55 per centum ad valorem: Provided, That blades, handles, or other parts of any Of the foregoing knives, razors, or erasers shall be dutiable at not less than the rate herein imposed upon the knives, razors and erasers, of which they are parts. Scissors and shears, and blades for the same, finished or unfinished, 30 per centum ad valorem : Provided further, That all articles specified in this paragraph Shall, When imported, have the name Of the maker or purchaser and beneath the same the name Of the COUntry of Origin die-Sunk COInspicuously and indelibly on the blade, Shank, or tang of at least One Or, if practicable, each and every blade thereof. 129. Sword blades, and swords and side arms, ir- respective of quality or use, in part of metal, 30 per Centum ad Valorem. 130. Table, butchers’, carving, cooks', hunting, kitch- en, bread, butter, vegetable, fruit, cheese, Carpenters’ bench, Curriers’, drawing, farriers', fleshing, hay, tan- ners’, plumbers’, painters’, palette, artists’, and shoe knives, forks and steels, finished or unfinished, with- Out handles, 25 per centum ad Valorem; with handles, 30 per centum ad valorem: Provided, That all the articles specified in this paragraph, when imported, shall have the name of the maker or purchaser, and beneath the same the name of the country of origin indelibly stamped or branded thereon in a place that Shall not be COvered thereafter. 131. Files, file blanks, rasps, and floats, of all cuts and kinds, 25 per centum ad valorem. 132. Muskets, air-rifles, muzzle-loading shotguns and rifles, and parts thereof, 15 per centum ad valorem. 133. Breech-loading shotguns and rifles, combination shotguns and rifles, and parts thereof and fittings therefor, including barrels further advanced than rough bored only; pistols, whether automatic, maga- Zine, or revolving, or parts thereof and fittings there- for, 35 per centum ad valorem. 134. Table, kitchen, and hospital utensils or other Similar hollow ware composed of iron or steel, enam- COMP.S.T.’18—52 eled or glazed with vitreous glasses; table, kitchen, and hospital utensils or other similar hollow ware Composed wholly or in chief value of aluminum ; all the foregoing not especially provided for in this sec- tion, 25 per Centum ad valorem. 135. Needles for knitting or sewing machines, latch needles, crochet needles, and tape needles, knitting and all other needles not specially provided for in this Section, bodkins of metal, and needle cases or needle books furnished with assortments of needles Or combinations Of needles and Other articles, 20 per Centum ad Valorem ; but no articles Other than the needles which are specifically named in this section Shall be dutiable as needles unless having an eye and fitted and used for carrying a thread. 136. Fishhooks, fishing rods and reels, artificial flies, artificial baits, Snelled hooks, and all other fish- ing tackle or parts thereof, not specially provided for in this section, except fishing lines, fishing nets and Seines, 30 per centum ad valorem: Provided, That any prohibition of the importation of feathers in this Section shall not be Construed as applying to artificial flies used for fishing. 37. Steel plates engraved, stereotype plates, elec- trotype plates, halftone plates, photogravure plates, photo-engraved plates, and plates of other materials, engraved for printing, plates Of iron Or steel engraved Or fashioned for use in the production of designs, patterns, or impressions on glass in the process Of manufacturing plate or Other glass, 15 per Centum ad valorem ; lithographic plates of stone or other material engraved, drawn, or prepared, and wet trans- fer paper or paper prepared wholly with glycerin, or glycerin combined with other materials, containing the imprints taken from lithographic plates, 25 per Centum ad Valorem. 138. Rivets, studs, and steel points, lathed, machin- ed, or brightened, and rivets or studs for nonskidding automobile tires, and rivets of iron or steel, not Spe- cially provided for in this section, 20 per centum ad Valorem. r 139. Crosscut saws, mill saws, pit and drag Saws, circular saws, steel band saws, finished Or further advanced than tempered and polished, hand, back, and all other saws, not specially provided for in this section, 12 per centum ad Valorem. 140. Screws, commonly called wood screws, made of iron or steel, 25 per centum ad Valorem. 141. Umbrella and parasol ribs and stretchers, Composed in chief value of iron, steel, or Other metal, in frames or Otherwise, and tubes for umbrellas, wholly or partially finished, 35 per centum ad Va- lorem. 142. Wheels for railway purposes, or parts there- of, made of iron or steel, and steel-tired wheels for railway purposes, whether wholly or partly finished, and iron Or Steel locomotive, Car, Or Other railway tires or parts thereof, wholly or partly manufactured, 20 per centum ad valorem: Provided, That when wheels for railway purposes, Or parts thereof, of iron or steel, are imported with iron Or steel axles fitted in them, the wheels and axles together shall be dutia- ble at the same rate as is provided for the Wheels when imported separately. 143. Aluminum, aluminum scrap, and alloys Of any kind in which aluminum is the Component material of chief value, in Crude form, 2 cents per pound; aluminum in plates, sheets, bars, Strips, and rods, 3% cents per pound; barium, Calcium, magnesium, sodium, and potassium, and alloys of which said met- als are the COmponent material Of Chief Value, 25 per Centum ad Valorem. 144. Antimony, as regulus Or metal, and matte Con- taining antimony but not containing more than 10 per centum of lead, 10 per centum ad valorem ; an- timony Oxide, Salts, and Compounds Of, 25 per Centum . ad Valorem. ź 5291 (Tit. 33 DUTIES UPON IMPORTS- IPage S.18] *. 145. Argentine, albata, or German silver, unmanu- factured, 15 per centum ad valorem. 146. Bronze powder, brocades, fitters, and metal- lics; bronze, or Dutch-metal or aluminum, in leaf, 25 per centum ad valorem. 147. Copper, in rolled plates, called braziers’ Cop- per, sheets, rods, strips, pipes, and copper bottoms, sheathing or yellow metal of which copper is the Com- ponent material of chief value, and not composed wholly or in part of iron ungalvanized, 5 per centum ad valorem. 148. Gold leaf, 35 per centum ad valorem. 149. Silver leaf, 30 per centum ad valorem. 150. Tinsel wire, lame or lahn, made wholly Or in chief value of gold, silver, or other metal, 6 per centum ad Valorem; bullions and metal threads, made wholly or in chief value of tinsel wire, lame Or lahn, 25 per centum ad valorem; fabrics, ribbons, beltings, toys, or other articles, made wholly or in chief value Of tinsel wire, lame Or lahn, or of tinsel wire, lame, or lahn, and india rubber, bullions, or metal threads, not specially provided for in this section, 40 per Centum ad Valorem. 151. Belt buckles, trousers buckles, waistcoat buck- les, snap fasteners and clasps by whatever name known, any of the foregoing made wholly or in chief value of iron or steel; hooks and eyes, metallic; steel trousers buttons, and metal buttons; all the foregoing and parts thereof not Otherwise Specially provided for in this section, 15 per Centum ad Va- lorem. * 152. Lead-bearing Ores Of all kinds containing more than 3 per Centum of lead, 34, cent per pound on the lead Contained therein: Provided, That on all impor- tations Of lead-bearing Ores the duties shall be es- timated at the port of entry, and a bond given in dou- ble the amount Of Such estimated duties for the trans- portation Of the Ores by Common carriers bonded for the transportation of appraised or unappraised mer- Chandise to properly equipped sampling or smelting establishments, whether designated as bonded ware- houses or Otherwise. On the arrival Of the Ores at Such establishments they shall be sampled according to COmmercial methods under the supervision Of Government Officers, who shall be stationed at such establishments, and who shall submit the samples thus obtained to a Government assayer, designated by the Secretary of the Treasury, who shall make a proper assay Of the sample and report the result to the proper Customs officers, and the import entries Shall be liquidated thereon, except in case of ores that shall be removed to a bonded warehouse to be refined for exportation as provided by law. And the Secretary Of the Treasury is authorized to make all necessary regulations to enforce the provisions of this paragraph. 153. Lead droSS, lead bullion or base bullion, lead in pigs and bars, lead in any form not specially pro- vided for in this Section, Old refuse lead run into blocks and bars, and Old Scrap lead fit Only to be re- manufactured ; lead in sheets, pipe, shot, glaziers' lead, and lead wire; all the foregoing, 25 per cen- tum ad valorem, On the lead Contained therein. 154. Metallic mineral substances in a Crude state, and metals unwrought, whether capable of being wrought or not, not specially provided for in this sec- tion, 10 per centum ad Valorem; monazite sand and thorite; thorium, Oxide of and Salts Of ; gas, kero- sene, or alcohol mantles treated with chemicals or metallic oxides, 25 per Centum ad Valorem ; and gas- mantle scrap consisting in Chief value of metallic OX- ides, 10 per centum ad Valorem. ..', 155. Nickel, nickel Oxide, alloy of any kind in which nickel is a component material Of Chief Val- ue, in pigs, ingots, bars, rods, or plates, 10 per cen- tum ad valorem; sheets Or Strips, 20 per Centum ad Valorem. - 156. Pens, metallic, not specially provided for in this section, 8 cents per gross; with nib and barrel in One piece, 12 cents per groSS. 157. Penholder tips, penholders and parts thereof, gold pens, fountain pens, and stylographic pens; COIn- bination penholders, comprising penholder, pencil, rubber eraser, automatic stamp, or other attachment, 25 per centum ad valorem: Provided, That pens and penholders shall be assessed for duty separately. 158. Pins with solid heads, without ornamentation, including hair, safety, hat, bonnet, and shawl pins; any of the foregoing composed wholly of brass, cop- per, iron, Steel, Or Other base metal, not plated with gold or silver and not commonly known as jewelry, 20 per Centum ad Valorem. 159. Quicksilver, 10 per centum ad valorem. The flasks, bottles, or other vessels in which quicksilver is imported shall be subject to the same rate of duty as they Would be subjected to if imported empty. 160. Type metal, and types, 15 per centum ad va- lorem. 161. Watch movements, whether imported in cases Or not, Watchcases and parts of watches, chronome- ters, box Or ship, and parts thereof, lever clock move- ments having jewels in the escapement, and clocks Containing such movements, all other clocks and parts thereof, not otherwise provided for in this sec- tion, whether separately packed or otherwise, not Composed wholly or in chief value of china, porcelain, parian, bisque, or earthenware, 30 per centum ad va- lorem ; all jewels for use in the manufacture of Watches, Clocks, or meters, 10 per centum ad valorem ; time detectors 15 per centum ad valorem ; enameled dials and dial plates for watches or other instru- ments, 30 per centum ad valorem: Provided, That all Watch and Clock dials, whether attached to move- ments or not, shall have indelibly painted or printed thereon the name of the country of origin, and that all Watch movements, and plates, lever clock move- ments with jewels in the escapement, whether im- ported assembled Or knocked down for reassembling, and Cases of foreign manufacture, shall have the name Of the manufacturer and country of manufac- ture Cut, engraved, or die-sunk conspicuously and in- delibly on the plate of the movement and the inside of the case, respectively, and the movements and plates shall also have marked thereon by one of the methods indicated the number of jewels and adjust- ments, said numbers to be expressed either in words Or in Arabic numerals; and if the movement is not adjusted, the word “unadjusted” shall be marked thereon by One of the methods indicated ; and none of the aforesaid articles shall be delivered to the im- porter unless marked in exact conformity to this di- rection. 162. Zinc-bearing ores of all kinds, including cala- mine, 10 per centum ad valorem upon the zinc con- tained therein: Provided, That on all importations Of Zinc-bearing Ores the duties shall be estimated at the port of entry, and a bond given in double the amount of such estimated duties for the transporta- tion of the Ores by common carriers bonded for the transportation of appraised or unappraised merchan- dise to properly equipped sampling or smelting es- tablishments, whether designated as bonded ware- houses or otherwise. On the arrival of the ores at Such establishments they shall be sampled according to COmmercial methods under the supervision of Gov- ernment Officers, who shall be stationed at such es- tablishments, and who shall submit the samples thus Obtained to a Government assayer, designated by the Secretary of the Treasury, who shall make a proper assay of the sample and report the result to the prop- er Custom officers, and the import entries shall be liquidated thereon, except in case of ores that shall be removed to a bonded Warehouse to be refined for exportation as provided by law. And the Secretary of the Treasury is authorized to make all necessary Ch. A) 3 5291 DUTIES UPON IMPORTS [Page 819 I regulations to enforce the provisions of this para- graph. 163. Zinc in blocks, pigs, or sheets, and Zinc dust; and old and worn-out zinc fit Only to be re- manufactured, 15 per centum ad Valorem. 164. Bottle caps of metal, collapsible tubes, and sprinkler tops, if not decorated, colored, Waxed, lac- quered, enameled, lithographed, electroplated, Or em- bossed in color, 30 per centum ad valorem: if deCO- rated, colored, waxed, lacquered, enameled, litho- graphed, electroplated or embossed in color, 40 per Centum ad Valorem. 165. All steam engines, steam locomotives, printing presses, and machine tools, 15 per centum ad Valor- em; embroidering machines, and lace-making ma- chines, including machines for making lace curtains, nets, or nettings, 25 per centum ad valorem ; machine tools as used in this paragraph shall be held to mean any machine operated by other than hand power which employs a tool for working on metal. 166. Nippers and pliers of all kinds wholly Or part- ly manufactured, 30 per centum ad valorem. 167. Articles or wares not specially provided for in this section; if composed wholly or in part of platinum, gold, or silver, and articles or wares plat- ed with gold or silver, and whether partly or wholly manufactured, 50 per centum ad Valorem ; if com- posed wholly or in chief value of iron, steel, lead, copper, brass, nickel, pewter, zinc, aluminum, Or Oth- er metal, but not plated with gold or silver, and whether partly or wholly manufactured, 20 per Cen- tum ad Valorem. SCHEDULE D.—WOOD AND MANUFACTURES OF 16S. Briar root or briar wood, ivy or laurel root, and similar wood unmanufactured, or not further advanced than cut into blocks suitable for the arti- cles into which they are intended to be converted, 10 per Centum ad valorem. - 169. Cedar commercially known as Spanish Cedar, lignum-vitae, lancewood, ebony, box, granadilla, ma- hogany, rosewood, and satinwood; all the foregoing when sawed into boards, planks, deals, or other forms, and not specially provided for in this section, and all Cabinet WOOds not further manufactured than sawed, 10 per centum ad valorem ; veneers of wood, 15 per Centum ad Valorem. 170. Paving posts, railroad ties, and telephone, trol- ley, electriclight, and telegraph poles of cedar or oth- er woods, 10 per centum ad Valorem. 171. Casks, barrels, and hogsheads (empty), sugar- box shooks, and packing boxes (empty), and packing- box shooks, of wood, not specially provided for in this section, 15 per centum ad valorem. 172. Boxes, barrels, or other articles containing Oranges, lemons, limes, grapefruit, shaddocks, or po- melos, 15 per centum ad valorem: Provided, That the thin wood, so called, comprising the sides, tops and bottoms of fruit boxes of the growth and manufac- ture of the United States, exported as fruit box Shooks, may be reimported in completed form, filled with fruit, without the payment of duty ; but proof Of the identity of such shooks shall be made under regulations to be prescribed by the Secretary of the Treasury. - 173. Chair cane or reeds wrought or manufactured from rattans or reeds, 10 per centum ad Valorem; Osier or willow, including chip of and split willow, prepared for basket makers' use, 10 per centum ad Valorem ; manufactures of Osier or willow and wil- low furniture, 25 per centum ad valorem. 174. Toothpicks of wood or other vegetable sub- Stance, 25 per centum ad valorem; butchers’ and packers’ skewers of wood, 10 cents per thousand. 175. Blinds, curtains, shades, or screens any of the foregoing in chief value of bamboo, wood, straw, or compositions of wood, not specially provided for in this Section, 20 per centum ad valorem; if stained, dyed, painted, printed, polished, grained or creosoted, and baskets in chief value of like material, 25 per Centum ad Valorem. 176. House or cabinet furniture wholly or in chief value Of WOOd, wholly Or partly finished, and manu- factures of wood or bark, or of which wood or bark is the Component material of Chief value, not special- ly provided for in this section, 15 per Centum ad va- lorem. SCHEDULE E.—SUGAR, MOLASSES, AND MANU- FACTURES OF 177. Sugars, tank bottoms, sirups of cane juice, me- lada, concentrated melada, concrete and concentrat- ed molasses, testing by the polariscope not above seventy-five degrees, seventy-one one-hundredths of 1 cent per pound, and for every additional degree shown by the polariscopic test, twenty-six one-tholl- Sandths of 1 cent per pound additional, and fractions Of a degree in proportion ; molasses testing not above forty degrees, 15 per centum ad valorem; testing above forty degrees and not above fifty-six degrees, 2% cents per gallon ; testing above fifty-six degrees, 4% cents per gallon ; sugar drainings and sugar SWeepings shall be subject to duty as molasses or su- gar, as the Case may be, according to polariscopic test: ~ Provided, That the duties imposed in this par- agraph shall be effective On and after the first day of March, nineteen hundred and fourteen, until which date the rates of duty provided by paragraph two hundred and sixteen of the tariff Act approved Au- gust fifth, nineteen hundred and nine, shall remain in force: Provided, however, That so much of para- graph two hundred and sixteen of an Act to provide revenue, equalize duties, and encourage the industries Of the United States, and for other purposes, approved August fifth, nineteen hundred and nine, as relates to the Color test denominated as Number Sixteen Dutch standard in color, shall be and is hereby repealed. This paragraph provided that after May 1, 1916, the articles hereinbefore enumerated shall be admitted free of duty. The proviso was repealed by Act April 27, 1916, c. 93, § 1, 39 Stat. 178. Maple sugar and maple sirup, 3 cents per pound ; glucose or grape Sugar, 1% cents per pound ; sugar cane in its natural state, or unmanufactured, 15 per centum ad valorem. This paragraph provided that after May 1, 1916, the arti- cles enumerated “shall be admitted free of duty.” The proviso was repealed by Act April 27, 1916, c. 93, § 2, 39 Stat. 179. Saccharin, 65 cents per pound. 180. Sugar candy and all confectionery not special- ly provided for in this section, valued at 15 cents per pound or less, 2 cents per pound ; valued at more than 15 cents per pound, 25 per Centum ad Valorem. The weight and the value of the immediate cover- ings, other than the outer packing case or other cov- ering, shall be included in the dutiable weight and the value of the merchandise. SCHEDULE F.—TOBACCO AND MANUFAC- + TURES OF 181. Wrapper tobacco, and filler tobacco when mix- ed or packed with more than 15 per Centum Of wrap- per tobacco, and all leaf tobacco the product of two or more countries or dependencies when mixed or pack- ed together, if unstemmed, $1.85 per pound; if stem- med, $2.50 per pound ; filler tobacco not specially provided for in this section, if unstemmed, 35 cents per pound; if stemmed, 50 cents per pound. 182. The term wrapper toba CCO as used in this Sec- tion means that quality of leaf toba CCO which has the requisite color, texture, and burn, and is of suffi- Cient size for cigar wrappers, and the term filler to- bacco means all. Other leaf toba CCO. Collectors Of Customs shall not permit entry to be made, except under regulations to be prescribed by the Secretary of the Treasury, of any leaf tobacco, unless the in- voices Of the same shall Specify in detail the chara C- ź 5291 (Tit.88 DUTIES UPON IMPORTS IIPage 820] ter of such tobacco, whether wrapper or filler, its or- igin and quality. In the examination for classifica- tion of any imported leaf tobacco, at least One bale, box, or package in every ten, and at least one in every invoice, shall be examined by the appraiser Or person authorized by law to make such examination, and at least ten hands shall be examined in each ex- amined bale, box, Or package. * 183. All other tobacco, manufactured or unmanu- factured, not specially provided for in this section, 55 cents per pound ; scrap tobacco, 35 cents per pound. 184. Snuff and snuff flour, manufactured of tobacco, ground dry, or damp, and pickled, scented, or other- wise, Of all descriptions, 55 cents per pound. 185. Cigars, cigarettes, cheroots of all kinds, $4.50 per pound and 25 per Centum ad valorem, and paper Cigars and cigarettes, including wrappers, shall be Subject to the Salme duties as are herein imposed up- On Cigars. SCHEDULE G.—AGRICULTURAL PRODUCTS AND PROVISIONS 186. Horses and mules, 10 per centum ad Valorem. 187. All live animals not specially provided for in this section, 10 per centum ad valorem. 188. Barley, 15 cents per bushel of forty-eight poundS. 189. Barley malt, 25 cents per bushel of thirty-four poundS. 190. Barley, pearled, patent, or hulled, 1 cent per pOund. 191. Macaroni, vermicelli, and all similar prepara- tions, 1 Cent per pound. 192. Oats, 6 cents per bushel of thirty-two pounds; Oatmeal and rolled oats, 30 cents per One hundred pounds; Oat hulls, 8 cents per One hundred pounds. 193. Rice, cleaned, 1 cent per pound ; uncleaned rice, or rice free of the outer hull and still having the inner Cuticle On, 5% of 1 cent per pound ; rice flour, and rice meal, and rice broken which will pass through a number twelve sieve of a kind prescribed by the Secretary Of the Treasury, 34 cent per pound ; paddy, Or rice having the Outer hull on, % of 1 cent per pound. - 194. Biscuits, bread, wafers, cakes, and other bak- ed articles, and puddings, by whatever name known, containing chocolate, nuts, fruit, or confectionery of any kind, and without regard to the Component ma- terial of Chief value, 25 per centum ad Valorem. 195. Butter and butter substitutes, 2% cents per pound. 196. Cheese and substitutes therefor, 20 per cen- tum ad Valorem. 197. Beans, and lentils, not specially provided for, 25 cents per bushel of sixty pounds. 198. Beets of all kinds, 5 per centum ad Valorem. 199. Beans, peas, prepared or preserved, or con- tained in tins, jars, bottles, Or similar packages, in- cluding the weight of immediate coverings, 1 cent per pound ; mushrooms and truffles, including the weight of immediate coverings, 2% cents per pound. 200. Vegetables, if cut, sliced or otherwise reduced in size, or if parched or roasted, or if pickled, or packed in Salt, brine, Oil, Or prepared in any way ; any Of the foregoing not Specially provided for in this sec- tion, and bean Stick Or bean cake, miso, and similar products, 25 per Centum ad Valorem. 201. Pickles, including pickled nuts, sauces of all l;inds, not specially provided for in this section, and fish paste or sauce, 25 per centum ad valorem. 202. Cider, 2 cents per gallon. 203. Eggs frozen or otherwise prepared or preserv- ed in tins Or Other packages, not Specially provided for in this section, including the weight of the im- mediate COverings Or Containers, 2 Cents per pound; frozen Or liquid egg albumen, 1 Cent per pound. 204. Eggs, dried, 10 cents per pound; eggs, yolk Of, 10 per Centum ad valorem. g 205. Hay, $2 per ton. 206. Honey, 10 cents per gallon. 207. Hops, 16 cents per pound; hop extract and lupulin, 50 per centum ad valorem. 208. Garlic, 1 cent per pound; Onions, 20 cents per bushel of 57 pounds. 209. Peas, green or dried, in bulk or in barrels, Sacks, or similar packages, 10 cents per bushel of Sixty pounds; Split peas, 20 cents per bushel of Sixty pounds; peas in cartons, papers, or other Similar packages, including the weight of the immediate COV- ering, #6 cent per pound. 210. Orchids, palms, azalea indica, and cut flowers, preserved or fresh, 25 per Centum ad valorem; lily Of the Valley pips, tulips, narcissus, begonia, and gloxinia bulbs, $1 per thousand; hyacinth bulbs, astilbe, diely- tra, and lily of the valley Clumps, $2.50 per thousand; lily bulbs and calla bulbs or corms, $5 per thousand ; herbaceous peony, Iris Kaempferri or Germanica, Call- na, dahlia, and amaryllis bulbs, $10 per thousand; all other bulbs, roots, root stocks, corms, and tubers, which are cultivated for their flowers Or foliage, 50 cents per thousand: Provided, That all mature moth- er flowering bulbs imported exclusively for propa- gating purposes shall be admitted free of duty. 211. Stocks, cuttings, or seedlings of Myrobolan plum, Mahaleb or Mazzard cherry, Manetti multiflora and briar rose, Rosa Rugosa, three years Old Or leSS, $1 per thousand plants; stocks, cuttings, or Seedlings of pear, apple, quince, and the Saint Julien plum, three years old or less, $1 per thousand plants; rose plants, budded, grafted, or grown on their OWn roots, 4 cents each; stocks, cuttings, and seedlings, Of all fruit and Ornamental trees, deciduous and eWergreen shrubs and vines, and all trees, shrubs, plants, and wines commonly known as nursery or greenhouse stock, not specially provided for in this section, 15 per Centum ad valOrem. 212. Seeds: Castor beans or seeds, 15 Cents per bushel of fifty pounds; flaxseed or linseed and other Oil seeds not specially provided for in this section, 20 cents per bushel of fifty-six pounds; poppy seed, 15 Cents per bushel of forty-seven pounds; mushroom Spa Wn, and Spinach. Seed, 1 cent per pound; Canary seed, }, cent per pound; Caraway seed, 1 Cent per pound; anise seed, 2 cents per pound; beet (except sugar beet), Carrot, corn salad, parsley, parsnip, rad- ish, turnip, and rutabaga seed, 3 cents per pound; cabbage, Collard, kale, and kohl-rabi seed, 6 cents per pound; egg plant and pepper seed, 10 cents per pound; Seeds of all kinds not specially provided for in this Section, 5 cents per pound: Provided, That no allow- ance shall be made for dirt or other impurities in Seeds provided for in this paragraph. 213. Straw, 50 cents per ton. 214. Teazels, 15 per centum ad valorem. 215. Vegetables in their natural state, not specially provided for in this section, 15 per centum ad Valorem. 216. Fish, except shellfish, by whatever name known, packed in oil or in oil and other substances, in bottles, jars, kegs, tin boxes, or Cans, 25 per Centum ad Valorem; all other fish except shell fish, in tin packages, not specially provided for in this section, 15 per centum ad valorem; caviar and other preserved roe of fish, 30 per Centum ad valorem; fish, Skinned or boned, 34 of 1 cent per pound. 217. Apples, peaches, quinces, Cherries, plums, and pears, green or ripe, 10 cents per bushel of fifty pounds; berries, edible, in their natural condition, % cent per quart; cranberries, 10 per centum ad Vaiorem; all edible fruits, including berries, when dried, desic- cated, evaporated, or prepared in any manner, not Spe- cially provided for in this section, 1 cent per pound; comfits, sweetmeats, and fruits of all kinds preserved or packed in sugar, or having Sugar added thereto or preserved or packed in molasses, Spirits, or their own Ch. A) # 5291 DUTIES UPON IMPORTS juices, if containing no alcohol, or containing not OVer 10 per centum of alcohol, 20 per centum ad valorem; if containing over 10 per centum of alcohol and not Specially provided for in this section, 20 per Centum ad Valorem, and in addition $2.50 per proof gallon. On the alcohol contained therein in excess Of 10 per centum; jellies of all kinds, 20 per centum ad Valorem; pineapples preserved in their own juice, 20 per Centum ad Valorem. 218. Figs, 2 cents per pound; plums, prunes, and prunelles, 1 cent per pound; raisins and other dried grapes, 2 cents per pound; dates, 1 cent per pound; currants, Zante or other, 1% cents per pound; Olives, 15 CentS per gallon. 219. Grapes in barrels or other packages, 25 cents per cubic foot of the capacity of the barrels Or pack- ageS. 220. Ilemons, limes, oranges, grapefruit, Shaddocks, and pomelos in packages of a capacity of One and one-fourth cubic feet or less. 18 cents per package; in packages of capacity exceeding one and One-fourth Cu- bic feet and not exceeding two and one-half cubic feet, 35 cents per package; in packages exceeding tWO and one-half and not exceeding five cubic feet, 70 cents per package; in packages exceeding five cubic feet or in bulk, 14, of 1 cent per pound. 221. Orange peel or lemon peel, preserved, Candied, or dried, 1 cent per pound; coconut meat Or Copra desiccated, shredded, cut, or similarly prepared, and citron or citron peel, preserved, candied, or dried, 2 CentS per pound. 222. Pineapples, in barrels or other packages, 6 cents per cubic foot of the capacity of the barrels or packages; in bulk, $5 per thousand. 223. Almonds, not shelled, 3 cents per pound; al- monds, shelled, 4 cents per pound; apricot and peach kernels, 3 cents per pound. 224. Filberts and walnuts of all kinds, not shelled, 2 cents per pound; shelled, 4 cents per pound. 225. Peanuts or ground beans, unshelled, §§ of 1 cent per pound; shelled, 94 of 1 cent per pound. 226. Nuts of all kinds, shelled or unshelled, not Spe- cially provided for in this section, 1 cent per pound; but no allowance shall be made for dirt or other im- purities in nuts of any kind, shelled Or unshelled. 227. Venison, and other game, 1% cents per pound; game birds, dressed, 30 per centum ad Val Orem. 228. Extract of meat, not specially provided for in this section, 10 cents per pound; fluid extract of meat, 5 cents per pound, but the dutiable Weight Of the ex- tract of meat and of the fluid extract of meat Shall not include the weight of the packages in Which the Same is imported. 229. Poultry, live, 1 cent per pound; dead, Or pre- pared in any manner, including the Weight of the im- mediate coverings or containers, 2 Cents per pound. 230. Chicory root, raw, dried, or undried, but un- ground, 1 cent per pound; chicory root, burnt Or roasted, ground or granulated, or in rolls, or otherwise prepared, and not specially provided for in this sec- tion, 2 cents per pound. 231. UnSweetened chocolate and COCOa, prepared Or manufactured, not specially provided for in this Sec- tion, 8 per centum ad valorem. Sweetened Chocolate and cocoa, prepared or manufactured, not specially pro- vided for in this section valued at 20 CentS per pound or less 2 cents per pound; Valued at more than 20 cents per pound, 25 per centum ad valorem. The weight and the value of the immediate coverings, other than the Outer packing case or other covering, shall be included in the dutiable Weight and the value of the Imerchandise. 232. -Cocoa butter or COCOa butterine, refined deo- dorized Coconut Oil, and all Substitutes for COCOa but- ter, 3% cents per pound. 233. Dandelion root, and a COrns prepared, and ar- ticles used as Coffee, Or as Substitutes for . COffee not Specially provided for in this section, 2 Cents per pound. IHPage S21I 234. Starch, made from potatoes, 1 cent per pound; all other starch, including all preparations, from what- ever Substance produced, fit for use as starch, 34 cent per pound. 235. Spices, unground: Cassia buds, Cassia, and CaSSia. Vera; Cinnamon and cinnamon chips; ginger root, unground and not preserved or candied; nut- megs; pepper, black Or White; Capsicum or red pepper, Or Cayenne pepper; and clove stems, 1 cent per pound; ClOWes, 2 cents per pound; pimento, 34 of 1 cent per pound; Sage, }, Cent per pound; mace, 8 cents per pound; Bombay or wild mace, 18 cents per pound; ground Spices, in each case, the Specific duty per pound enumerated in the foregoing part of this paragraph for unground Spices, and in addition thereto a duty of 20 per Centum ad valorem; mustard, ground or prepared, in bottles or otherwise, 6 cents per pound; all other spices not specially provided for in this section, includ- ing all herbs or herb leaves in glass or other small packages for culinary use, 20 per centum ad valorem. 236. Vinegar, 4 cents per proof gallon. The stand- ard proof for vinegar shall be taken to be that strength which requires thirty-five grains of bicarbo- nate of potash to neutralize One Ounce troy of vine- gal'. SCHEDULE H.—SPIRITS, WINES, AND OTHER BEVERAGES 237. Brandy and other spirits manufactured or dis- tilled from grain or other materials, and not special- ly provided for in this section, $2.60 per proof gallon. 238. Each and every gauge or wine gallon of meas- urement shall be counted as at least One proof gallon; and the Standard for determining the proof. Of brandy and other spirits or liquors of any kind imported Shall be the same as that Which is defined in the laws relating to internal revenue : Provided, That it shall be lawful for the Secretary of the Treasury, in his discretion, to authorize the 'ascertainment of the proof of wines, Cordials, or other liquors, by distal- lation or otherwise, in Cases where it is impracticable to ascertain such proof by the means prescribed by existing law. Or regulations: And provided further, That any brandy or other Spirituous or distilled liq- uors imported in any sized Cask, bottle, jug, or other packages, Of Or from any COuntry, dependency, or province under whose laws similar sized casks, bottles, jugs, or other packages of distilled spirits, wine, or other beverage put up or filled in the United States are denied entrance into such country, dependency, Or province, shall be forfeited to the United States; and any brandy Or other Spirituous or distilled liquor imported in a cask of less Capacity than ten gallons from any Country shall be forfeited to the United States. 239. On all compounds or preparations of which dis- tilled Spirits are a component part of chief value there Shall be levied a duty not less than that imposed upon distilled Spirits. No article containing alcohol was to be classified for duty under paragraphs 9, 11, 27, 31, or 46, of Schedule A of lºis Section, by provisos annexed to said paragraphs, allt.é. No article containing more than 10 per centurn of al- cohol was to be classified for duty under paragraph 29 of Schedule A of this section, by a proviso annexed to said paragraph, ante. No article containing alcohol was to be admitted free of duty, under paragraph 477 of the Free List, post. 240. Cordials, liqueurs, arrack, absinthe, kirsch- wasser, ratafia, and other Spirituous beverages or bit- ters of all kinds, containing Spirits, and not spe- cially provided for in this section, $2.60 per proof gallon. - 241. No lower rate or amount of duty shall be lev- ied, collected, and paid on brandy, Spirits, and other spirituous beverages than that fixed by law for the description of first proof; but it shall be increased in proportion for any greater strength than the strength of first proof, and all imitations of brandy or spirits Or Wines imported by any names whatever shall be & 5291 (Tit. 33 DUTIES UPON IMPORTS [Page 822I subject to the highest rate of duty provided for the genuine articles respectively intended to be repre- sented, and in no case less than $1.75 per gallon. 242. Bay rum or bay water, whether distilled or compounded, of first proof, and in proportion for any greater strength than first proof, $1.75 per gallon. 243. Champagne and all other sparkling wines, in bottles containing each not more than one quart and more than one pint, $9.60 per dozen; containing not more than one pint each and more than one-half pint, $4.80 per dozen; containing one-half pint each or less, $2.40 per dozen ; in bottles or other vessels containing more than One quart each, in addition to $9.60 per dOZ- en bottles, on the quantity in excess of One quart, at the rate of $3 per gallon; but no separate or additional duty Shall be levied on the bottles. 244. Still wines, including ginger wine or ginger cordial, vermuth, and rice wine or sake, and similar beverages not specially provided for in this section, in Casks or packages other than bottles Or jugs, if containing 14 per centum or less of absolute alcohol, 45 cents per gallon ; if containing more than 14 per centum of absolute alcohol, 60 cents per gallon. In bottles or jugs, per Case of One dozen bottles Or jugs, containing each not more than one quart and more than: one pint, or twenty-four bottles or jugs con- taining each not more than one pint, $1.85 per case; and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of 6 cents per pint or fractional part thereof, but no separate or additional duty shall be assessed on the bottles Or jugs: Provided, That any wines, ginger cordial, Or vermuth imported containing more than 24 per Cen- tum Of alcohol shall be classed as spirits and pay duty accordingly: And provided further, That there shall be 110 Constructive or other allowance for break- age, leakage, or damage on wines, liquors, cordials, or distilled spirits, except that when it shall appear to the collector of customs from the gauger’s return, verified by an affidavit by the importer to be filed within five days after the delivery of the merchan- dise, that a Cask or package has been broken or Oth- erwise injured in transit from a foreign port and as a result thereof a part of its contents amounting to 10 per centum or more of the total value of the Con- tents of the said cask or package in its condition as exported, has been lost, allowance therefor may be made in the liquidation of the duties. Wines, Cor- dials, brandy, and other spirituous liquors, including bitters of all kinds, and bay rum or bay water, im- ported in bottles or jugs, shall be packed in pack- ages containing not less than One dozen bottles Gr jugs in each package, or duty shall be paid as if such package contained at least one dozen bottles or jugs, and in addition thereto, duty shall be collect- ed. On the bottles or jugs at the rates which would be chargeable thereon if imported empty. The percent- age of alcohol in wines and fruit juices shall be de- termined in such manner as the Secretary of the Treasury shall by regulation prescribe. 245. Ale, porter, stout, and beer, in bottles or jugs, 45 cents per gallon, but no separate or additional du- ty shall be assessed on the bottles Or jugs ; Other- wise than in bottles or jugs, 23 cents per gallon. 246. Malt extract, fluid; in casks, 23 cents per gal- lon; in bottles Or jugs, 45 CentS per gallon; SOlid Or condensed, .45 per centum ad valorem. 247. Cherry juice and prune juice, or prune wine, and other fruit juices, and fruit sirup, not specially provided for in this section, containing no alcohol or not more than 18 per centum of alcohol, 70 cents per gallon; if containing more than 18 per centum of al- Cohol, 70 cents per gallon and in addition thereto $2.07 per proof gallon on the alcohol Contained therein. - - 248. Ginger ale, ginger beer, lemonade, soda wa- ter, and other similar beverages containing no alco- hol, in plain green Or Colored, molded or pressed, glass bottles, COntaining each not more than one-half pint, tum ad Valorem. 12 Cents per dozen ; containing each more than One- half pint and not more than three-fourths of a pint, 18 cents per dozen ; containing more than three- fourths of a pint each and not more than one and One-half pints, 28 cents per dozen ; but no separate Or additional duty shall be assessed on the bottles ; if imported otherwise than in plain green or colored, molded or pressed, glass bottles, or in such bottles Containing more than one and one-half pints each, 50 cents per gallon, and in addition thereto duty shall be Collected on the bottles, Or Other COverings, at the rates which would be chargeable thereon if imported empty. Beverages not specially provided for contain- ing not more than 2 per Centum Of alcohol shall be assessed for duty under this paragraph. 249. AIl mineral waters and all imitations of nat- ural mineral waters, and all artificial mineral waters not specially provided for in this section, in bottles or jugs containing not more than one-half pint, 10 cents per dozen bottles; if containing more than One- half pint and not more than One pint, 15 cents per dozen bottles; if containing more than one pint and not more than one quart, 20 cents per dozen bot- tles; if imported in bottles or in jugs containing more than one quart, 18 cents per gallon; if imported Oth- erwise than in bottles or jugs, 8 cents per gallon; and in addition thereto, on all of the foregoing, duty shall be Collected upon the bottles Or Other Contain- ers at . One-third of the rates that would be charged thereon if imported empty or separately. SOHEDULE I.-COTTON MANUFACTURES 250. Cotton thread and carded yarn, warps, or warp yarn, whether on beams or in bundles, skeins, Or Cops, or in any other form, not combed, bleached, dyed, mercerized, or colored, except spool thread of Cotton, Crochet, darning and embroidery Cottons, here- inafter provided for, shall be subject to the follow- ing rates of duty: Numbers up to and including number nine, 5 per centum ad valorem ; exceeding number nine and not exceeding number nineteen, 73% per centum ad va- lorem ; exceeding number nineteen and not exceeding number thirty-nine, 10 per centum ad valorem; ex- ceeding number thirty-nine and not exceeding num- ber forty-nine, 15 per centum ad valorem ; exceed- ing number forty-nine and not exceeding number fifty-nine, 173% per centum ad Valorem ; , exceeding number fifty-nine and not exceeding number seventy- nine, 20 per centum ad Valorem ; exceeding number Seventy-nine and not exceeding number ninety-nine, 22% per centum ad valorem; exceeding number nine- ty-nine, 25 per Centum ad Valorem. When combed, bleached, dyed, mercerized, or colored, they shall be subject to the following rates of duty: Numbers up to and including number nine, 7% per centum ad va- lorem ; exceeding number nine and not exceeding number nineteen, ten per centum ad valorem ; exceed- ing number nineteen and not exceeding number thirty- nine, 12% per centum ad valorem: exceeding number thirty-nine and not exceeding number forty-nine, 17% per centum ad valorem ; exceeding number forty- nine and not exceeding number fifty-nine, 20 per centum ad valorem; exceeding number fifty-nine and not exceeding number seventy-nine, 22% per Centum ad valorem; exceeding number seventy-nine and not exceeding number ninety-nine, 25 per centum ad Va- lorem ; exceeding number ninety-nine, 27% per Cen- Cotton waste and flocks, manufac- . tured or otherwise advanced in Value, cotton Card laps, roping, sliver, or roving, 5 per centum ad va- IOrem. - 251. Spool thread of cotton, crochet, darning, and embroidery cottons, on spools, reels, Or balls, Or in skeins, cones, or tubes, or in any other form 15 per Centum ad Valorelin. - 252. Cotton cloth, not bleached, dyed, Colored, stain- ed, painted, printed, woven figured, or mercerized, Ch. A) 3 5291 DUTIES UPON IMPORTS [Page 823] containing yarns the average number of which does not exceed number nine, 7% per centum ad valorem ; eXCeeding number nine and not exceeding number nineteen, 10 per Centum ad valorem ; exceeding num- ber nineteen and not exceeding number thirty-nine, 12% per centum ad valorem; exceeding number thir- ty-nine and not exceeding number forty-nine, 17% per Centum ad valorem ; exceeding number forty-nine and not exceeding number fifty-nine, 20 per Centum ad Valorem; exceeding number fifty-nine and not ex- ceeding number seventy-nine, 22% per centum ad Valorem ; exceeding number seventy-nine and not exceeding number ninety-nine, 25 per centum ad Va- lorem; exceeding number ninety-nine, 27% per Cen- tum ad valorem. Cotton cloth when bleached, dyed, colored, stained, painted, printed, woven figured, Or mercerized, containing yarn the average number of which does not exceed number nine, 10 per Centum ad Valorem ; exceeding number nine and not exceed- ing number nineteen, 12% per centum ad Valorem; exceeding number nineteen and not exceeding number thirty-nine, 15 per centum ad valorem; exceeding number thirty-nine and not exceeding number forty- nine, 20 per centum ad valorem ; exceeding number forty-nine and not exceeding number fifty-nine, 22% per centum ad valorem ; exceeding number fifty-nine and not exceeding number seventy-nine, 25 per Cen- tum ad valorem ; exceeding number seventy-nine and not exceeding number ninety-nine, 27% per centum ad valorem ; exceeding number ninety-nine, 30 per centum ad valorem ; plain gauze or leno WOWen Cot- ton nets or nettings shall be classified for duty as Cotton Cloth. 253. The term cotton cloth, or cloth, wherever uS- ed in the paragraphs of this schedule, unless other- wise specially provided for, shall be held to include all woven fabrics of cotton, in the piece, whether fig- ured, fancy, or plain, and shall not include any article, finished or unfinished, made from Cotton Cloth. In the ascertainment of the Condition. Of the ClOth Or yarn upon which the duties imposed upon Cotton Cloth are made to depend, the entire fabric and all parts thereof shall be included. The average number of the yarn in Cotton cloth herein provided for Shall be obtained by taking the length of the thread Or yarn to be equal to the distance covered by it in the cloth ... in the condition as imported, except that all clipped threads shall be measured as if continuous; in Count- ing the threads all ply yarns shall be separated into singles and the count taken of the total singles; the weight shall be taken after any excessive sizing is removed by boiling or other suitable process. - 254. Cloth composed Of Cotton or other vegetable fiber and silk, whether known as silk-striped sleeve linings, silk stripes, or otherwise, of which cotton or other vegetable fiber is the component material of chief value, and tracing cloth, 30 per centum ad va- lorem; Cotton cloth filled Or coated, all Oilcloths (ex- cept silk oilcloths and oilcloths for floors), and cotton window hollands, 25 per centum ad Valorem ; wa- terproof cloth Composed of Cotton Or Other vegetable fiber, or of which cotton or other vegetable fiber is the component material. Of chief value or of Cotton or other vegetable fiber and india rubber, 25 per Cen- tum ad Valorem. 255. Handkerchiefs or mufflers composed of cotton, not specially provided for in this section, whether finished or unfinished, not hemmed, 25 per centum ad valorem; hemmed, or hemstitched, 30 per centum ad Valorem. 256. Clothing, ready-made, and articles of wear- ing apparel of every description, composed of Cotton or other vegetable fiber, or of which cotton or other vegetable fiber is the component material of Chief value, or Of cotton or other vegetable fiber and india rubber, made up or manufactured, wholly or in part, by the tailor, seamstress, or manufacturer, and not otherwise specially provided for in this section, 30 per Centum ad Valorem; Shirt collars and cuffs of Cotton, not specially provided for in this section, 30 per Centum ad Valorem. 257. Plushes, velvets, plush or velvet ribbons, vel- Veteens, Corduroys, and all pile fabrics, cut or uncut, Whether or not the pile covers the entire surface; any Of the foregoing composed wholly or in chief Value Of Cotton or other vegetable fiber except flax, hemp, or ramie ; and manufactures or articles' in any form, including such as are commonly known as bias dress facings or skirt bindings, made or cut from plushes, velvets, velveteens, corduroys, or other pile fabrics composed of cotton or other vegetable fiber, except flax, hemp, or ramie, 40 per centum ad Valorem. . . 258. Curtains, table covers, and all articles man- ufactured of cotton Chenille, or of which cotton che- nille is the component material of chief value, tap- estries, and other Jacquard figured upholstery goods, COmposed wholly Or in Chief value Of Cotton Or Other Vegetable fiber; any of the foregoing, in the piece Or Otherwise, 35 per centum ad valorem ; all other Jacquard figured manufactures of cotton or of which Cotton is the component material of chief value, 30 per Centum ad Valorem. 259. Stockings, hose and half hose, made on knit- ting machines or frames, COImposed Of cotton or Oth- er Vegetable fiber, and not otherwise specially pro- Vided for in this section, 20 per centum ad valorem. 260. Stockings, hose and half hose, selvedged, fash- iOned, narrowed, or shaped wholly or in part by knit- ting machines or frames, or knit by hand, including Such as are Commercially known as seamless stock- ings, hose and half hose, and clocked stockings, hose and half hose, all Of the above Composed Of Cotton Or Other vegetable fiber, finished or unfinished ; if Valued at not more than 70 Cents per dozen pairs, 30 per Centum ad Valorem; if valued at more than 70 cents, and not more than $1.20 per dozen pairs, 40 per centum ad Valorem ; if valued at more than $1.20 per dozen pairs, 50 per centum ad valorem. Gloves by Whatever process made, composed wholly or in Chief Value Of Cotton, 35 per Centum ad valorem. 261. Shirts and drawers, pants, Vests, union Suits, Combination Suits, tights, Sweaters, Corset Covers and all underwear and Wearing apparel of every descrip- tion, not Specially provided for in this section, made Wholly Or in part On knitting machines or frames, or knit by hand, finished or unfinished, not including Such as are trimmed with lace, imitation lace Or cro- Chet Or as are embroidered and not including stock- ings, hose and half hose, composed of Cotton or Other Vegetable fiber, 30 per Centum ad Valorem. 262. Bandings, belts, beltings, bindings, bone cass ings, cords, tassels, cords and tassels, garters, tire fabric or fabric suitable for use in pneumatic tires, suspenders and braces, and fabrics with fast edges not exceeding twelve inches in width, all of the fore- going made of Cotton or other vegetable fiber, or of which cotton or other vegetable fiber is the compo- nent material of Chief value, Or Of cotton Or other vegetable fiber and india rubber, and not embroidered by hand or machinery; spindle banding, woven, braid- ed, or twisted lamp, stove, or Candle wicking made of Cotton or Other vegetable fiber; loom harness, healds, or collets made Of Cotton Or Other vegetable fiber, Or of which cotton Or other vegetable fiber is the Component material Of Chief value; boot, shoe, and corset lacings made of cotton or other vegetable fiber; and labels for garments Or other articles, Composed of cotton or other Vegetable fiber, 25 per centum ad valorem ; belting for machinery made Of Cotton Or other vegetable fiber and india rubber, or of which Cotton Or Other vegetable fiber is the COmponent ma- terial of chief value, 15 per centum ad valorem. 263. Cotton table damask, and manufactures of cotton table damask, or of which cotton table damask is the component material of Chief value, not special- 3 5291 (Tit. 33 DUTIES UPON IMPORTS [Page 8241 ly provided for in this section, 25 per centum ad va- lorem. 264. Towels, bath mats, quilts, blankets, polishing cloths, mop cloths, wash rags or cloths, sheets, pil- lowcases, and batting, any of the foregoing made Of Cotton or of which Cotton is the component material of chief value, not embroidered nor in part of lace and not otherwise provided for, 25 per centum ad Valorem. 265. Lace window curtains, pillow shams, and bed sets, finished or unfinished, made on the Nottingham lace-Curtain machine, and composed of cotton Or Oth- er vegetable fiber, when counting not more than six points or spaces between the warp threads to the inch, 35 per centum ad valorem ; when counting more than six and not more than eight points or spaces to the inch, 40 per Genium ad valorem ; when Counting Inine or more points or spaces to the inch, 45 per cen- tum ad Valorem. - 266. All articles made from Cotton Cloth, whether finished or unfinished, and all manufactures Of COt-. ton or of which cotton is the component material of chief value, not specially provided for in this section, 30 per Centum ad Valorem. SCHEDULE J.—FLAX, HEMP, AND JUTE, AND MANUFACTURES OF 267. Single yarns made of jute, not finer than five lea or number, 15 per centum ad valorem ; if finer than five lea or number and yarns made Of jute not otherwise specially provided for in this section, 20 per Centum ad Valorem. 268. Cables and cordage, composed of istle, Tampi- CO fiber, manila, sisal grass or sunn, or a mixture Of these Or any of them, 34, cent per pound ; Cables and cordage made of hemp, tarred or untarred, 1 cent per pound. 269. Threads, twines, or cords, made from yarn not finer than five lea or number, composed of flax, hemp, Or ramie, or of which these substances or any of them is the component material of chief value, 20 per centum ad valorem; if made from yarn finer than five lea or number, 25 per centum ad valorem. 270. Single yarns, made of flax, hemp, or ramie, or a mixture of any of them, not finer than eight lea or number, 12 per Centum ad valorem ; finer than eight lea Or number and not finer than eighty lea or num- . ber, 20 per Centum ad Valorem; finer than eighty lea Or number, 10 per centum ad Valorem ; ramie Sliver Or roving, 15 per Centum ad valorem. 271. Gill nettings, nets, webs, and seines made of flax, hemp, or ramie, Or a mixture of any of them, Or Of which any of them is the Component material Of Chief value, 25 per Centum ad Valorem. 272. Floor mattings, plain, fancy, or figured, in- cluding mats and rugs, manufactured from straw, round or split, or other vegetable substances, not Otherwise provided for in this section, and having a warp of cotton, hemp, or other vegetable substances, including what are commonly known as China, Japan, and India straw matting, 23% cents per square yard. 273. Carpets, carpeting, mats and rugs made of flax, hemp, jute, or other vegetable fiber (except cot- ton), 30 per Centum ad valorem. - 274. Hydraulic or flume hose, made in whole or in part of cotton, flax, hemp, ramie, or jute, 7 cents per pound. ve 275. Tapes composed wholly or in part of flax, woven with Or without metal threads, On reels, Spools, or otherwise, and designed expressly for use in the mailufacture of measuring tapes, 20 per centum ad Valorem. 276. Iinoleum, plain, stamped, painted, or printed, including corticine and cork carpet, figured or plain, also linoleum known as granite and Oak plank, 30 per centum ad Valorem; inlaid linoleum, 35 per centum ad valorem; oilcloth for floors, plain, Stamped, paint- ed, or printed, 20 per centum ad valorem ; mats or rugs made of oilcloth, linoleum, corticine, or cork car- pet Shall be subject to the same rate of duty as here- in provided for oilcloth, linoleum, corticine, or cork Carpet. 277. Shirt collars and cuffs, composed in whole or in part of linen, 30 por centum ad valorem. 278. Bands, bandings, belts, beltings, bindings, Cords, ribbons, tapes, webs, and webbings, all the foregoing composed wholly of flax, hemp, or ramie, OT Of flax, hemp, or ramie and india rubber, and not Otherwise specially provided for in this section, 30 per Centum ad Valorem ; wearing apparel composed Wholly of flax, hemp, or ramie, or of flax, hemp, or ramie and india rubber, 40 per centum ad valorem. 279. Plain woven fabrics of single jute yarns, by Whatever name known, bleached, dyed, colored, stain- ed, painted, printed, or rendered noninflammable by any process, 10 per Centurm ad Valorem. 280. All pile fabrics, whether or not the pile coy- ers the entire surface, composed of flax, hemp, or ramie, Or of which flax, hemp, or ramie is the com- ponent material of chief value and all articles and manufactures made from such fabrics, not specially provided for in this section, 40 per centum ad va- lorem. - - 281. Bags or sacks made from plain woven fabrics, Of Single jute yarns, not dyed, colored, stained, paint- ed, printed, or bleached, 10 per centum ad valorem. 2S2. Handkerchiefs composed of flax, hemp, or ramie, Or of which these substances, or any of them, is the component material of chief value, whether in the piece or otherwise, and whether finished or un- finished, not hemmed or hemmed only, 35 per centum ad Valorem ; if hemstitched, or imitation hemstitch- ed., Or revered, Or with drawn threads, but not em- broidered, initialed, or in part of lace, 40 per cen- tūIn ad valorem. 283. Plain woven fabrics, not including articles, fin- ished or unfinished, of flax, hemp, or ramie, or of Which these substances or any of them is the com- ponent material of chief value, including such as is known as Shirting cloth, 30 per centum ad va- 1Orem. - 284. All woven articles, finished or unfinished, and all manufactures of flax, hemp, ramie, or other veg- etable fiber, or of which these substances, or any of them, is the component material of chief value, not Specially provided for in this section, 35 per centum : ad Valorem. - 285. Istle Or tampico, when dressed, dyed, or comb- ed., 20 per Centum ad valorem. SCHEDULE K.—WOOL, AND MANUEAC- TURES OF 286. Combed wool or tops and roving or roping made wholly or in part of wool or camel's hair, and On Other wool and hair which have been advanced in any manner Or by any process of manufacture be- yond the washed or scoured condition, not specially provided for in this section, 8 per centum ad va- lorem. - 287. Yarns made wholly or in chief value of wool, 18 per Centum ad Valorem. 2SS. Cloths, knit fabrics, felts not woven, and all manufactures of every description made, by any process, wholly or in chief value of wool, not special- ly provided for in this section, 35 per centum ad va- IOrem ; cloths if made in chief value of cattle hair or horse hair, not specially provided for in this sec- tion, 25 per centum ad valorem ; plushes, velvets, and all other pile fabrics, cult or uncut, WOwen Or knit, whether or not the pile covers the entire surface, made wholly or in chief Value Of WOO!, and articles made wholly or in Chief value of such plushes, Vel- vets, or pile fabrics, 40 per centum ad Valorem; stock- ings, hose and half hose, made On knitting machines or frames, composed wholly or in Chief Value Of wool, not specially provided for in this section, 20 per cen- Ch. A) & 5291 DUTIES UPON IMPORTs tum ad valorem; stockings, hose and half hose, sely- edged, fashioned, narrowed, or shaped wholly or in part by knitting machines or frames, Or knit by hand, including such as are commercially known as Seam- less stockings, hose and half hose, and Clocked Stock- ings, hose and half hose, gloves and mittens, all Of the above, composed wholly or in chief Value of WOOl, if valued at not more than $1.20 per dozen pairs, 30 per centum ad valorem ; if valued at more than $1.20 per dozen pairs, 40 per centum ad Valorem; press cloth composed of camel's hair, not Specially provid- ed for in this section, 10 per centum ad Valorem. 289. Blankets and flannels, composed Wholly Or in chief value of wool, 25 per centum ad valorem; flannels composed wholly or in chief value of wool, Valued at above 50 cents per pound, 30 per centum ad Valorem. 290. Women's and children’s dress goods, coat lin- ings, Italian cloths, bunting, and goods of Similar de- scription and character, composed wholly Or in Chief value of wool, and not specially provided for in this section, 35 per centum ad Valorem. 291. Clothing, ready-made, and articles of wearing apparel of every description, including shawls whether knitted or woven, and knitted articles of every de- scription made up or manufactured wholly Or in part, and not specially provided for in this section, Com- posed wholly—or in—ehief–value—of wool, 35-per-Centum – ad Valorem. 292. Webbings, suspenders, braces, bandings, belts, beltings, bindings, cords, cords and tassels, and ribbons; any of the foregoing made of wool or of which Wool or wool and india rubber are the component materials of chief value, and not specially provided for in this Section, 35 per Centum ad Valorem. 293. Aubusson, Axminster, moquette, and Chenille carpets, figured or plain, and all carpets or Carpeting of like character or description, 35 per Centum ad Val- IOrem. - 294. Saxony, Wilton, and Tournay velvet carpets, figured or plain, and all carpets or carpeting of like character or description, 30 per Centum ad Valorem. 295. Brussels carpets, figured or plain, and all Car- pets or carpeting of like character or description, 25 per centum ad valorem. - 296. Velvet and tapestry welvet carpets, figured Or plain, printed on the warp or otherwise, and all car- pets or carpeting of like character or description, 30 per centum ad valorem. 297. Tapestry Brussels carpets, figured or plain, and all carpets or carpeting of like character or de- scription, printed on the Warp or otherwise, 20 per Centum ad Valorem. . 298. Treble ingrain, three-ply, and all-chain Vene- tian Carpets, 20 per centum ad Valorem. 299. Wool Dutch and two-ply ingrain carpets, 20 per centum ad Valorem. - - 300. Carpets of every description, woven whole for rooms, and Oriental, Berlin, Aubusson, Axminster, and similar rugs, 50 per centum ad valorem. . 301. Druggets and bockings, printed, Colored, or oth- erwise, 20 per centum ad valorem. - 302. Carpets and carpeting of wool or cotton, or composed in part of either of them, not specially pro- vided for in this section, and on mats, matting, and rugs Of Cotton, 20 per centum ad valorem. 303. Mats, rugs for floors, screens, Covers, hassocks, bed sides, art Squares, and other portions Of Carpets or carpeting, composed wholly or in part of wool, and not specially provided for in this section, shall be subjected to the rate of duty herein imposed on car- pets or carpeting of like character or description. 304. Whenever in this Section the word “WOOI” is used in connection with a manufactured article of which it is a component material, it shall be held to include wool or hair of the sheep, camel or other like animals, whether manufactured by the woolen, wor- Sted, felt, or any other process. - - 305. Hair of the Angora goat, alpaca, and other like gº [Page 8251 animals, and all hair on the skin of such animals, 15 per Centum ad Valorem. . . . . - . - 306. Tops made from the hair of the Angora goat, , alpaca, and other like animals, 20 per Centum ad Wa- lorem. - - - , , “ 307. Yarns made of the hair of the Angora goat, al- paca, and other like animals, 25 per centum ad va- lorem. * - 308. Cloth and all manufactures of every descrip- tion made by any process, wholly or in Chief Value Of the hair of the ‘Angora goat, alpaca, and Other like animals, not specially provided for in this section, 40 per centum ad valorem. 309. Plushes, velvets, and all other pile fabrics, cut Or uncut, WOWen or knit, whether or not the pile COV- ers the entire surface, made wholly or partly of the hair of the Angora goat, alpaca, or other like animals, and articles made wholly or in chief value of such plushes, Velvets, Or pile fabrics, 45 per centum ad valorem. 310. The provisions of this schedule (K) shall be effective on and after the first day of January, nine- teen hundred and fourteen, until which date the rates Of duty now provided by Schedule K of the existing law shall remain in full force and effect. SCHEDULE L.—SILKS AND SILK GOODS 311. Silk partially manufactured from COCOOnS Or. from waste silk and not further advanced or manu- factured than carded or combed silk, and silk noils exceeding two inches in length, 20 cents per pound. 312. Spun silk or schappe silk yarn, 35 per Centum ad Valorem. - 313. Thrown silk not more advanced than Singles, tram, or organzine, sewing silk, twist, floss, and silk threads or yarns of every description made from raW silk, 15 per Centum ad Valorem. * . 314. Velvets, plushes, chenilles, velvet or plush ribbons, or other pile fabrics, composed of silk or of which silk is the component material of chief value, 50 per centum ad Valorem. - 315. Handkerchiefs or mufflers composed wholly or in chief value of silk, finished or unfinished; if cut, not hemmed or hemmed only, 40 per centum ad va- lorem; if hemstitched or imitation hemstitched, or revered, or having drawn threads, but not embroidered in any manner with an initial letter, monogram, or Otherwise, 50 per centum ad Valorem. - +. 316. Ribbons, bandings, including hatbands, belts, beltings, bindings, all of the foregoing not exceeding twelve inches in width and if with fast edges, bone Casings, braces, Cords, Cords and tassels, garters, sus- penders, tubings, and webs and webbings; all the fore- going made of silk or of which silk or silk and india rubber are the component materials of chief value, if not embroidered in any manner, and not specially pro. Vided for in this section, 45 per centum ad Valorem. 317. Clothing, ready-made, and articles of wearing apparel of every description, including knit goods, made up or manufactured in whole or in part by the tailor, seamstress, or manufacturer; all the foregoing composed of silk or of which silk or silk and india rubber are the component materials of chief value, not specially provided for in this section, 50 per cen- tum ad valorem. 318. Woven fabrics, in the piece or otherwise, of which Silk is the Component material Of Chief value, and all manufactures of silk, or of which silk or silk and india rubber are the component materials of Chief value, not specially provided for in this section, 45 per centum ad Valorem. 319. Yarns, threads, filaments of artificial or imita- tion silk, or of artificial or imitation horsehair, by whatever name known, and by whatever process made, 35 per centum ad valorem; beltings, cords, tassels, ribbons, or other articles or fabrics composed wholly or in chief value of yarns, threads, filaments, or fibers of artificial or imitation silk or of artificial or imita- tion horsehair, or of yarns, threads, filaments or fibers of artificial or imitation silk, or of artificial or imita- Ž 5291 (Tit. 33 DUTIES UPON IMPORTS tion horsehair and india rubber, by Whatever name known, and by whatever process made, 60 per centum . ad Valorem. - - scHEDULE M.–PULP, PAPERS, AND BOOKS 320. Sheathing paper, pulpboard in rolls, not lami- nated, roofing felt, common paper-box board, not coat- ed, lined, embossed, printed or decorated in any man- ner, nor cut into shapes for boxes or other articles, 5 per centum ad Valorem. . - 321. Filter masse or filter stock, composed Wholly or in part of wood pulp, wood flour, Cotton or other vegetable fiber, 20 per centum ad Valorem. 322. Printing paper (other than paper commercially known as handmade or machine handmade paper, japan paper, and imitation japan paper by Whatever name known), unsized, sized, or glued, Suitable for the printing of books and new papers, but not for COV- ers or bindings, not specially provided for in this Sec- tion, valued above 5 cents per pound, twelve per Centum ad valorem: Provided, however, That if any Country, dependency, province, or other Subdivision of govern- ment shall impose any export duty, export license fee, or other charge of any kind whatsoever (Whether in the form of additional charge or license fee or Other- wise) upon printing paper, wood pulp, or Wood for use in the manufacture of wood pulp, there shall be im- posed upon printing paper, values above 5 cents per pound, when imported either directly or indirectly from such country, dependency, province, or other Sub- division of government, an additional duty equal to the amount of the highest export duty or Other ex- port charge imposed by such country, dependency, province, or other subdivision of government, upon either printing paper, or upon an amount of Wood pulp, or wood for use in the manufacture of Wood pulp necessary to manufacture such printing paper. This paragraph was amended by Act Sept. 8, 1916, c. 463, § 600, 39 Stat., to read as set forth above. The amendment consisted in changing the figures in the Sev- enth line from 2% to 5, and in changing the figures in the fifteenth line from 2% to 5. 323. Papers commonly known as copying paper, stereotype paper, bibulous paper, tissue paper, pottery paper, letter-copying books, wholly or partly manufac- tured, crêpe paper and filtering paper, and articles manufactured from any of the foregoing papers Or of which such paper is the component material of Chief value, 30 per centum ad Valorem. 324. Papers wholly or partly covered with metal leaf or with gelatin or flock, papers with white Coated surface or surfaces, calender plate finished, hand dipped marbelized paper, parchment paper, and litho- graphic transfer paper not printed, 25 per centum ad valorem; papers with coated surface or Surfaces Suit- able for covering boxes, not specially provided for, whether or not embossed or printed except by litho- graphic process, 40 per centum ad Valorem; all oth- er paper with coated surface or surfaces not Spe- cially provided for in this section; uncoated par pers, gummed, or with the surface or surfaces wholly or partly decorated or covered With a design, fan Cy effect, pattern, or character, whether produced in the pulp or otherwise except by lithographic process, cloth-lined or reenforced papers, and grease-proof and imitation parchment papers which have been Super- calendered and rendered transparent Or partially SO, by whatever name known, all other grease-proof and imitation parchment papers, not specially provided for in this section, by whatever name known, bags, en- velopes, and all other articles composed wholly or in chief value of any of the foregoing papers, not spe- cially provided for in this section, and all boxes of paper or papier mâche or wood covered with any of the foregoing papers or covered or lined with Cotton or other vegetable fiber, 35 per centum ad valorem; albuminized Or Sensitized paper Or paper OtherWise surface-coated for photographic purposes, 25 per cen- tum ad valorem: plain basic papers for albuminizing, [Page 826] sensitizing, baryta coating, or for photographic Or Solar printing processes, 15 per centum ad Valorell]. 325. Pictures, calendars, cards, booklets, labels, flaps, cigar bands, placards, and other articles COlm- posed wholly or in chief value of paper lithographical- ly printed in whole or in part from stone, gelatin, metal, or other material (except boxes, views of Ameri- Can Scenery or objects, and music, and illustrations when forming a part of a periodical or newspaper or Of bound or unbound books, accompanying the same, not Specially provided for in this section) shall pay duty at the following rates: Labels and flaps print- ed in less than eight colors (bronze printing to be Counted as two colors), but not printed in whole or in part of metal leaf, 15 cents per pound; cigar bands Of the same number of colors and printings, 20 cents per pound; labels and flaps printed in eight or more colors (bronze printing to be counted as two colors), but not printed in whole or in part of metal leaf, 20 CentS per pound; Cigar bands Of the same number of colors and printings, 25 cents per pound; labels and flaps printed in whole or in part of metal leaf, 35 Cents per pound; cigar bands printed in whole or in part of metal leaf, 40 cents per pound; booklets, 7 cents per pound; all other articles not exceeding eight one-thousandths of an inch in thickness, 15 cents per pound; exceeding eight one-thousandths of an inch and not eXceeding twenty one-thousandths of an inch in thickness and less than thirty-five square inches cutting Size in dimension, 5 cents per pound; exceeding eight and not exceeding twenty one-thousandths of an inch in thickness and thirty-five square inches and over. Cutting Size in dimension, 7 cents per pound; ex- Ceeding twenty One-thousandths of an inch in thickness, 5 cents per pound, providing that in the case of arti- Cles hereinbefore specified the thickness which shall determine the rate of duty to be imposed shall be that Of the thinnest lithographed material found in the article, but for the purpose of this paragraph the thickness of lithographs mounted or pasted upon pa- per, Cardboard, or other material shall be the combined thickness Of the lithograph and the foundation upon Which it is mounted or pasted; books of paper or oth- er material for children’s use, lithographically printed in whole or in part, not exceeding in weight twenty- four Ounces each, 4 cents per pound; fashion maga- zines or periodicals printed in whole or in part by lithographic process or decorated by hand, 6 cents per pound; booklets, wholly or in chief value of paper, decorated in whole or in part by hand or by spraying, Whether or not lithographed, 10 cents per pound; de- Calcomanias in ceramic colors, weighing not over one hundred pounds per thousand sheets, on a basis of twenty by thirty inches in dimensions, 60 cents per pound; all other decalcomanias, except toy decal- Comanias, 15 cents per pound. . 326. Writing, letter, note, drawing, handmade pa- per and paper Commercially known as handmade pa- per and machine handmade paper, japan paper and imitation japan paper by whatever name known, and ledger, bond, record, tablet, typewriter, and onion- skin and imitation Onionskin papers calendered or uncalendered, whether or not any such paper is rul- ed, bordered, embossed, printed, lined, or decorated in any manner, 25 per centum ad valorem. 327. Paper envelopes, folded or flat, not specially provided for in this section, 15 per centum ad va- lorem. - 328. Jacquard designs on ruled paper, or cut on Jacquard cards, and parts of such designs, Cardboard and bristol board, press boards or press paper, paper hangings with paper back or composed wholly Or in chief value Of paper, and wrapping paper not special- ly provided for in this section, 25 per centum ad valorem. - 329. Books of all kinds, bound or unbound includ- ing blank books, slate books and pamphlets, en- gravings, photographs, etchings, maps, charts, music in books or sheets, and printed matter, all the fore- Ch. A) 2 5291 DUTIES UPON IMPORTS [Page 827] - going, and not specially provided for in this section, 15 per centum ad Valorem. Views of any landscape, scene, building, place or locality in the United States, on cardboard Or paper, not thinner than eight One- thousandths of one inch, by whatever process print- ed or produced, including those wholly Or in part produced by either lithographic or photogelatin pro- cess (except show cards), bound or unbound, or in any other form, 20 cents per pound; thinner than eight one-thousandths of an inch, $2 per thousand. 330. Photograph, autograph, scrap, post-card, and postage-stanap albums, wholly or partly manufactur- ed, 25 per Centum ad valorem. 331. Playing cards, 60 per centum ad Valorem. 332. Papers or cardboard, Cut, die cut, or stamped into designs Or shapes, such as initials, monograms, lace, borders, or other forms, and all post Cards, not including American views, plain, decorated, emboss- ed, Or printed, except by lithographic process, and all papers and manufactures of paper or of which pa- per is the component material of chief value, not Specially provided for in this section, 25 per centum ad Valorem. SCHEDUI.E; N.—SUNDRIES 333. Beads and Spangles of all kinds, including im- itation pearl beads, not threaded or strung, Or Strung loosely On thread for facility in transportation only, 35 per centum ad valorem ; curtains, and Other arti- cles not embroidered nor appliquéd and not Specially provided for in this section, composed wholly Or in Chief value of beads Or Spangles made Of glass Or paste, gelatin, metal, or other material, 50 per Cen- tum ad Valorem. 334. Ramie hat braids, 40 per Centum ad Valorem ; manufactures of ramie hat braids, 50 per Centum ad Valorem. 335. Braids, plaits, laces, and willow sheets Or squares, composed wholly or in chief value of straw, chip, grass, palm leaf, willow, Osier, rattan, real horsehair, Cuba bark, or manila hemp, Suitable for making or ornamenting hats, bonnets, Or hoods, not bleached, dyed, colored, Or stained, 15 per Centum ad valorem ; if bleached, dyed, colored, or stained, 20 per centum ad valorem ; hats, bonnets, and hoods composed wholly or in chief value of straw, chip, grass, palm leaf, willow, Osier, rattan, Cuba bark, or manila hemp, whether wholly or partly manu- factured, but not blocked or trimmed, 25 per centum ad valorem ; if blocked or trimmed, and in Chief Val- ue of Such materials, 40 per Centum ad Valorem. But the terms “grass” and “straw” shall be understood to mean these Substances in their natural form and structure, and not the separated fiber thereof. 336. Brooms, made of broom corn, straw, wooden fibre, or twigs, 15 per centum ad valorem; brushes and feather dusters of all kinds, and hair pencils in quills or otherwise, 35 per centum ad valorem. 337. Bristles, sorted, bunched, or prepared, 7 cents per pound. 338. Button forms of lastings, mohair or silk cloth, or other manufactures of cloth, woven or made in patterns Of Such size, shape, Or form as to be fit for buttons exclusively, and not exceeding eight inches in any one dimension, 10 per Centum ad Valorem. 339. Buttons of vegetable ivory in sizes thirty-six lines and larger, 35 per centum ad valorem ; below thirty-six lines, 45 per centum ad valorem; buttons of shell and pearl in sizes twenty-six lines and larger, 25 per centum ad valorem ; below twenty-six lines, 45 per centum ad valorem ; agate buttons and shoe buttons, 15 per centum ad valorem; parts of buttons and button molds Or blanks, finished Or unfinished, and all collar and cuff buttons and studs composed wholly of bone, mother-of-pearl, ivory, or agate, all the foregoing and buttons not specially provided for in this section, 40 per centum ad valorem. 340. Cork bark, cut into squares, cubes, or quarters, 4 cents per pound ; manufactured Cork stoppers, OWer each, 3% of 1 cent per one thousand matches; three-fourths of an inch in diameter, measured at the larger end, and manufactured Cork disks, Wafers, Or Washers, Over three-sixteenths of an inch in thick- neSS, 12 cents per pound ; manufactured cork stop- pers, three-fourths of an inch or less in diameter, Imeasured at the larger end, and manufactured COrk disks, Wafers, or Washers, three-sixteenths of an inch Or less in thickness, 15 cents per pound ; cork, arti- ficial, Or Cork substitutes manufactured from Cork Waste, Or granulated corks, and not otherwise pro- Vided for in this section, 3 cents per pound ; cork in- Sulation, wholly Or in chief value of granulated Cork, in slabs, boards, planks, or molded forms, 34 cent per pound; Cork paper, 35 per centum ad valorem ; man- ufactures wholly or in chief value of Cork Or Of Cork bark, Or of artificial cork or bark substitutes, granu- lated Or ground cork, not specially provided for in this Section, 30 per centum ad Valorem. 341. Dice, dominoes, draughts, chessmen, chess balls, and billiard, pool, bagatelle balls, and poker Chips, Of ivory, bone, or other materials, 50 per cen- tum ad Valorem. 342. Dolls, and parts of dolls, doll heads, toy mar- bles Of Whatever materials composed, and all other toys, and parts of toys, not composed of china, porce- lain, parian, bisque, earthen or stone ware, and not -Speeiałly provided for in this section, 35 per centum ad Valorem. ** 343. Emery grains and emery, manufactured, grOlind, pulverized, or refined, 1 cent per pound; em- ery Wheels, emery files, emery paper, and manu- factures of which emery or corundum is the compo- nent material of chief value, 20 per centum ad va- IOrem. 344. Firecrackers of all kinds, 6 cents per pound; bOmbs, rockets, Roman candles, and fireworks of all descriptions, not specially provided for in this Section, 10 cents per pound; the weight on all the foregoing to include all coverings, wrappings, and packing material. 345. Matches, friction or lucifer, of all descriptions, per gross of one hundred and forty-four boxes, con- taining not more than one hundred matches per box, 3 Cents per gross; when imported otherwise than in bOXes Containing not more than one hundred matches Wa. Y. matches, fusees, wind matches, and all matches in books Or folders or having a stained, dyed, or color- ed Stick or stem, and tapers consisting of a wick coated with an inflammable substance, and night lights, 25 per centum ad valorem: Provided, That in accordance with section ten of “An Act to provide for a tax upon white phosphorus matches, and for Other purposes,” approved April ninth, nineteen hun- dred and twelve, white phosphorus matches manu- factured wholly or in part in any foreign country shall not be entitled to enter at any of the ports of the United States, and the, importation thereof is hereby prohibited: Provided further, That nothing in this Act contained shall be held to repeal or mod- ify said Act to provide for a tax upon white phos- phorus matches, and for other purposes, approved April ninth, nineteen hundred and twelve. 346. Percussion caps, cartridges, and cartridge shells empty, 15 per centum ad valorem ; blasting caps, $1 per thousand; mining, blasting, or safety fuses Of all kinds, 15 per Centum ad valorem. 347. Feathers and downs, on the skin or otherwise, crude or not dressed, Colored, or otherwise advanced or manufactured in any manner, not specially pro- vided for in this section, 20 per centum ad valorem ; when dressed, Colored, or otherwise advanced or man- ufactured in any manner, and not suitable for use as millinery ornaments, including quilts of down and manufactures of down, 40 per Centum ad Valorem; ar- tificial or Ornamental feathers suitable for use as mil- linery ornaments, artificial and Ornamental fruits, grains, leaves, flowers, and stems or parts thereof, Of 5291 (Tit. 33. DUTIES UPON IMPORTS IIPage 828] - whatever material composed, not specially provided for in this section, 60 per centum ad Valorem ; boas, boutonnieres, wreaths, and all articles not specially provided for in this section, composed wholly or in chief value of any of the feathers, flowers, leaves, or other material herein mentioned, 60 per centum ad valorem: Provided, That the importation of aig- rettes, egret plumes or so-called Osprey plumes, and the feathers, quills, heads, wings, tails, skins, Or parts of skins, of wild birds, either raw or manufac- tured, and not for scientific Or educational purposes, is hereby prohibited; but this provision shall not ap- ply to the feathers or plumes of ostriches, or to the feathers or plumes of domestic fowls of any kind. 348. Furs dressed on the skin, not advanced fur- ther than dyeing, 30 per centum ad Valorem; plates and mats of dog and goat skins, 10 per centum ad va- lorem ; manufactures of furs, further advanced than dressing and dyeing, when prepared for use as ma- terial, joined or sewed together, linings, and crosses, except plates and mats of dog and goat skins, and articles manufactured from fur Inot specially provided for in this section, 40 per Centum ad Valorem; articles of wearing apparel Of every description partly or wholly manufactured, COmposed Of Or of which hides Or Skins Of Cattle Of the bovine species, or of the dog or goat are the com- ponent material of Chief value, 15 per Centum ad Valorem; Scription partly or wholly manufactured, composed of Or of which fur is the component material of chief Value, not specially provided for in this section, 50 per centum ad valorem ; furs not on the skin, pre- pared for hatters' use, including fur skins carroted, 15 per Centum ad Valorem. 349. Fans of all kinds, except common palm-leaf fans, 50 per Centum ad Valorem. 350. Gun Wads of all descriptions, 10 per centum ad Val OTelm. - 351. Human hair, raw, 10 per centum ad valorem; if Cleaned or commercially known as drawn, but not manufactured, 20 per centum ad valorem; manufac- tures of human hair, including nets and nettings, or of which human hair is the component material of Chief value, not specially provided for in this section, 35 per centum ad valorem. 352. Hair, curled, suitable for beds or mattresses, 10 per centum ad valorem. 353. Haircloth, known as “crinoline” cloth, 6 cents per Square yard; haircloth, known as “hair seating,” and hair press cloth, 15 cents per square yard. 354. Hats, bonnets, Or hoods, for men’s, WOmen’s, boys', or children's wear, trimmed or untrimmed, in- cluding bodies, hoods, plateaux, forms or shapes, for hats or bonnets, composed wholly or in chief value of fur of the rabbit, beaver, or other animals, 45 per Centum ad Valorem. 355. Indurated fiber Ware and manufactures Of pulp, not specially provided for in this section, 25 per Centum ad Valorem. 356. Jewelry, commonly or commercially so known, valued above 20 cents per dozen pieces, 60 per Cen- tum ad valorem; rope, Curb, Cable, and fancy patterns Of chain not exceeding One-half inch in diameter, Width or thickness, valued above 30 cents per yard; and articles valued above 20 cents per dozen pieces design- ed to be worn on apparel or carried on or about or at- tached to the person, such as and including buckles, Card cases, chains, cigar cases, cigar cutters, cigar holders, cigarette cases, cigarette holders, coin hold- ers, Collar, Cuff, and dress buttons, combs, match box- es, mesh bags and purses, millinery, military, and hair ornaments, pins, powder cases, stamp cases, vani- ty Cases, and like articles; all the foregoing and parts thereof, finished or partly finished, composed of metal, Whether or not enameled, washed, covered, or plated, including rolled gold plate, and whether or not set With precious or semiprecious stones, pearls, cameos, Coral, or amber, or with imitation precious stones or including plates, articles of wearing apparel of every de- ings, neck rufilings, ruchings, mings mot specially provided for; articles from which threads have been omitted, drawn, imitation pearls, 60 per centum ad valorem. Stamp- ings, galleries, mesh and other materials of metal, whether or not set with glass or paste, finished Or partly finished, separate or in strips or sheets, Suita- ble for use in the manufacture of any of the foregoing articles in this paragraph, 50 per centum ad valorem. 357. Diamonds and other precious stones, rough Or uncut, and not advanced in condition or value from their natural state by cleaving, splitting, cutting, Or Other process, whether in their natural form or bro- ken, and bort ; any of the foregoing not set, and dia- mond dust, 10 per centum ad valorem; pearls and parts thereof, drilled or undrilled, but not set or Strung; diamonds, coral, rubies, cameos, and Other precious stones and semiprecious stones, cut but not set, and suitable for use in the manufacture of jewel- ry, 20 per centum ad valorem; imitation precious stones, including pearls and parts thereof, for use in the manufacture of jewelry, doublets, artificial, or So-called Synthetic or reconstructed pearls and parts thereof, rubies, or other precious stones, 20 per cen- tum ad valorem. . - +. 358. Laces, lace window curtains not specially pro- Vided for in this section, coach, carriage, and automo- bile laces, and all lace articles of whatever yarns, threads, or filaments composed; handkerchiefs, nap- kins, Wearing apparel, and all other articles or fa- brics made wholly or in, part of lace or of imitation lace of any kind; embroideries, wearing apparel, hand- kerchiefs, and all articles or fabrics embroidered in any manner by hand or machinery, whether with a plain or fancy initial, monogram, or otherwise, or tamboured, appliquéd, or scalloped by hand or machin- ery, any Of the foregoing by whatever name known; edgings, insertings, galloons, nets, nettings, veils, veil- tuckings, flouncings, flutings, quillings, ornaments; braids, loom woven and Ornamented in the process of weaving, or made by hand, Or on any braid machine, knitting machine, or lace machine, and not specially provided for; trim- WOven fabricS Or punched, or cut, and with threads introduced after Weaving, forming figures or designs, not including straight hemstitching; and articles made in whole or in part of any of the foregoing fabrics or articles; all of the foregoing of whatever yarns, threads, or fila- Iments Composed, 60 per centum ad valorem. 359. Chamois Skins, 15 per centum ad Valorem; pianoforte, pianoforte action, enameled upholstery leather, and glove leathers, 10 per centum ad Valorem. 360. Bags, baskets, belts, satchels, card cases, pocket- books, jewel boxes, portfolios, and other boxes and cases, made wholly of or in chief value of leather Or parchment, not jewelry, and manufactures of leather or parchment, or of which leather or parchment is the component material of chief value, not specially provided for in this section, 30 per centum ad valorem; any of the foregoing permanently fitted and furnish- ed with traveling, bottle, drinking, dining, luncheon. and similar sets, 35 per centum ad valorem. - 361. Gloves, not specially provided for in this Sec- tion, miade wholly or in chief value of leather, wheth- er wholly or partly manufactured, shall pay duty at the following rates, the lengths stated in each case being the extreme length when stretched to their full extent, namely: 362. Men’s, women’s, or children’s “glacé” finish, Schmaschen (of 'sheep origin), not over fourteen inch- es in length, $1 per dozen pairs; over fourteen inches in length, 25 cents additional per dozen pairs for each inch in excess of fourteen inches. 363. All other Women’s or children’s gloves wholly or in chief value of leather, not over fourteen inches in length, $2 per dozen pairs; over fourteen inches in length, 25 Cents additional per dozen pairs for each inch in excess Of fourteen inches; all men’s leather gloves not specially provided for in this section, $2.50 per dozen pairs. . Ch. A) 3 5291 DUTIES UPON IMPORTS [Page 829] 364. In addition to the foregoing rates there shall be paid the following cumulative duties: On all leath- er gloves when lined with Cotton or other vegetable fiber, 25 cents per dozen pairs; when lined with a knitted glove or when lined with silk, leather, or wool, 50 cents per dozen pairs; when lined with fur, $2 per dozen pairs; on all piqué and prixseam gloves, 25 Cents per dozen pairs. 365. Glove tranks, with or without the usual ac- companying pieces, shall pay 75 per centum of the duty provided for the gloves in the fabrication of which they are suitable. 366. Manufactures of catgut, or whip gut, or Worm gut, including strings for musical instruments; any of the foregoing or of which these substances or any Of them is the component material of chief Value, not Specially provided for in this section, 20 per Centum ad Val Orem. 367. Manufactures of amber, asbestos, bladders, Or wax, or of which these substances or any of them is the component material of chief value, not Specially provided for in this section, 10 per centum ad valorem; yarn and woven fabrics composed wholly or in Chief value of asbestos, 20 per centum ad Valorem. 368. Manufactures of bone, chip, grass, horn, india rubber or guttapercha, palm leaf, quills, Straw, Weeds, or whalebone, or of which any of them is the COmpo- - nent material of chief value not otherwise Specially provided for in this section, shall be subject to the fol- lowing rates: Manufactures of india rubber Or gutta- percha, commonly known as druggists' Sundries, 15 per centum ad valorem; manufactures of india rub- ber or gutta-percha, not specially provided for in this Section, 10 per centum ad Valorem; palm leaf, 15 per Centum ad Valorem; bone, Chip, horn, quills, and whalebone, 20 per centum ad valorem; grass, Straw, and Weeds, 25 per centum ad Valorem; Combs Com- posed wholly of horn or of horn and metal, 25 per centum ad valorem. The terms “grass” and “straw” Shall be understood to mean these Substances in their Inatural state, and not the separated fibers thereof. 369. Ivory tusks in their natural state, or cut vertically across the grain only, with the bark left intact, 20 per centum ad valorem ; manufactures of ivory or vegetable ivory, or of which either of these Substances is the Component material of Chief value, not specially provided for in this section, 35 per cen- tum ad Valorem : manufactures of mother-of-pearl and shell, plaster of Paris, papier-mâché, and vulca- nized india rubber known as “hard rubber,” or of Which these substances or any of them is the com- ponent material of chief value, not specially provided for in this section, 25 per centum ad Valorem ; shells engraved, Cut, Ornamented, Or otherwise manufactur- ed, 25 per centum ad Valorem. 370. Masks, of whatever material composed, 25 per centum ad Valorem. - 371. Matting made of cocoa fiber or rattan, 5 cents per Square yard ; mats made of cocoa fiber or rattan, 3 Cents per Square foot. 372. MOSS and sea grass, eelgrass, and seaweeds, if manufactured Or dyed, 10 per centum ad valorem. 373. Musical instruments or parts thereof, piano- forte actions and parts thereof, cases for musical in- struments, pitch pipes, tuning forks, tuning hammers, and metronomes ; strings for musical instruments, composed wholly or in part of steel or other metal, all of the foregoing, 35 per centum ad valorem. 374. Phonographs, gramophones, graphophones, and Similar articles, or parts thereof, 25 per Centum ad Valorem. 375. Violin rosin, in boxes or cases or otherwise, 10 per centum ad Valorem. 376. Works of art, including paintings in oil or water-colors, pastels, pen and ink drawings, Or COſ ies, replicas, or reproductions of any of the same, Stat- uary, sculptures, or copies, replicas Or reproductions thereof, and etchings and engravings, not Specially provided for in this section, 15 per centum ad va- lorem. - 377. Peat moss, 50 cents per ton. 378. Pencils of paper or wood, or other material not metal, filled with lead or Other material, pencils of lead, 36 cents per gross, but in no case shall any of the foregoing pay less than 25 per centum ad va- lorem; Slate pencils, 25 per centum ad Valorem. 379. Pencil leads not in wood or other material, 10 per Centum ad valorem. 380. Photographic cameras, and parts thereof, not Specially provided for in this section, photographic dry plates, not specially provided for in this section, 15 per centum ad valorem; photographic-film nega- tives, imported in any form, for use in any Way in Connection with moving-picture exhibits, or for mak- ing or reproducing pictures for such exhibits, ex- posed but not developed, 2 cents per linear Or run- ning foot; if exposed and developed, 3 CentS per linear or running foot; photographic-film positives, imported in any form, for use in any way in connec- tion with moving-picture exhibits, including herein all moving, motion, motophotography Or Cinematog- raphy film pictures, prints, positives or duplicates Of every kind and nature, and of whatever substance made, 1 cent per linear or running foot: Provided, however, That—all-photographic-films imported under this section shall be subject to such Censorship as may be imposed by the Secretary of the Treasury. 381. Pipes and smokers' articles: Common tobac- CO pipes and pipe bowls made wholly of clay, 25 per Centum ad Valorem; other pipes and pipe bowls of Whatever material Composed, and all Smokers’ arti- cles whatsoever, not specially provided for in this section, including cigarette books, cigarette-book cow- ers, pouches for smoking or chewing tobacco, and Cigarette paper in all forms, except Cork paper, 50 per centum ad valorem ; meerschaum, crude or un- manufactured, 20 per centum ad valorem. 382. Plush, black, known commercially as hatters’ plush, Composed Of silk, or Of silk and Cotton, such as is used for making men’s hats, 10 per Centum ad va- lorem. 383. Umbrellas, parasols, and Sunshades covered with material other than paper or lace, not embroid- ered or appliquéd, 35 per centum ad valorem. Sticks for umbrellas, parasols, Or Sunshades, and Walking canes, finished or unfinished, 30 per centum ad va- lorem. 384. Waste, not specially provided for in this sec- tion, 10 per centum ad Valorem. 385. That there shall be levied, collected, and paid on the importation of all raw or unmanufactured articles not enumerated or provided for in this sec- tion, a duty of 10 per centum ad valorem, and on all articles manufactured, in whole or in part, not provided for in this section, a duty of 15 per centum ad Valorem. 3S6. That each and every imported article, not enumerated in this section, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this sec- tion as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars be- fore mentioned ; and if any nonenumerated article equally resembles two or more enumerated articles on which different rates of duty are chargeable, there shall be levied on such nonenumerated article the same rate of duty as is chargeable on the article Which it resembles paying the highest rate Of duty; and On articles not enumerated, manufactured Of tWO Or more materials, the duty shall be a SSessed at the highest rate at which the same would be chargeable if composed wholly of the component material there- of of Chief value; and the words “component mate- rial of chief value,” wherever used in this Section, shall be held to mean that component material Which A 5291 (Tit. 33 DUTIES UPON IMPORTS IPage 830] - shall exceed in value any other single component ma- terial Of the article ; and the value Of each COmpo- nent material shall be determined by the aSCertained value Of Such material in its condition as found in the article. If two or more rates of duty Shall be ap- plicable to any imported article, it shall pay duty at the highest of such rates. - FREE LIST - That on and after the day following the passage of this Act, except as otherwise specially provided for in this Act, the articles mentioned in the following paragraphs shall, when imported into the United States or into any of its possessions (except the Phil- ippine Islands and the islands of Guam and Tutuila), be exempt from duty: 387. Acids: Acetic or pyroligneous, arsenic or ar- senious, [carbolic, chromic, fluoric, hydrofluoric, hy- drochloric or muriatic, nitric, phosphoric, Iphthalic] prussic, silicic, sulphuric or oil of vitriol, and Valeri- aniC. - - The words “carbolic” and “phthalic” in this paragraph, inclosed in brackets, were repealed by Act Sept. 8, 1916, C. 463, § 502, post, $ 5291C, and certain duties imposed upon said articles by §§ 500, 501, of said Act Sept. 8, 1916, c. 463, post, §§ 5291a, 5291b. 388. ACOnite. - 389. Acorns, raw, dried or undried, but unground. 390. Agates, unmanufactured. - 391. Agricultural implements: Plows, tooth and disk harrows, headers, harvesters, reapers, agricul- tural drills and planters, mowers, horserakes, culti- vators, thrashing machines, cotton gins, machinery for use in the manufacture of Sugar, wagons and Carts, and all other agricultural implements of any kind and description, whether specifically mentioned herein or not, whether in whole or in parts, includ- ing repair parts. 392. Albumen, not specially provided for in this Section. - 393. Alcohol, methyl or wood. 394. (Repealed.) This paragraph was repealed by Act Sept. 8, 1916, c. 463, § 502, post, § 5291c, and certain duties imposed upon the articles enumerated therein by §§ 500, 501, of said Act Sept. 8, 1916, c. 463, post, §§ 5291a, 5291b. Said paragraph read as follows: “394, Alizarin, natural or synthetic, and dyes obtained from alizarin, anthracene, and carbazol.” 395. Ammonia, sulphate of, perchlorate of, and ni- trate Of. & - - 396. Antimony ore and stibnite containing antimo- ny, but only as to the antimony Content. 397. Any animal imported by a citizen of the Unit- ed States, specially for breeding purposes, shall be admitted free, whether intended to be used by the importer himself or for sale for such purposes: Pro- vided, That no such animal shall be admitted free unless pure bred of a recognized breed, and duly reg- istered in a book of record recognized by the Secre- tary of Agriculture for that breed: And provided further, That the certificate of such record and ped- igree of such animal shall be produced and submitted to the Department of Agriculture, duly authenticated by the proper custodian of such book of record, to- gether with an affidavit of the owner, agent, or im- porter that the animal imported is the identical ani- mal described in said certificate of record and pedi- gree. The Secretary of Agriculture may prescribe such regulations as may be required for determining the purity of breeding and the identity of such ani- Imal: And provided further, That the collectors of Customs Shall require a Certificate from the Depart- ment of Agriculture stating that such animal is pure bred of a recognized breed and duly registered in a book of record recognized by the Secretary Of Ag- riculture for that breed. The Secretary of the Treasury may prescribe such additional regulations as may be required for the strict enforcement Of this provision. Horses, mules, and asses Straying across the bound- ary line into any foreign country, or driven acroSS such boundary line by the Owner for temporary pas- turage purposes only, together with their offspring shall be dutiable unless brought back to the United States within six months, in which case they shall be free of duty, under regulations to be prescribed by the Secretary of the Treasury: And provided further, That the provisions of this Act shall apply to all Such animals as have been imported and are in quarantine or otherwise in the custody of customs Or Other Officers Of the United States at the date Of the taking effect of this Act. - 398. Animals brought into the United States tem- DOrarily for a period not exceeding six months, for the purpose of breeding, exhibition or competition for prizes Offered by any agricultural, polo, or racing association; but a bond shall be given in accordance with regulations prescribed by the Secretary of the Treasury; also teams of animals, including their har- ness and tackle, and the wagons or other vehicles ac- tually owned by persons emigrating from foreign countries to the United States with their families, and in actual use for the purpose of such emigration under such regulations as the Secretary of the Treas- Ulry may prescribe; and Wild animals intended for exhibition in zoological collections for scientific and educational purposes, and not for sale or profit. . 399. Annatto, roucou, rocoa, or Orleans, and all ex- tracts Of. 400. Antitoxins, vaccine virus, and all other serums derived from animals and used for therapeutic pur- p0SeS. 401. Apatite. 402. Arrowroot in its natural state and not manu- factured. 403. Arsenic and sulphide of arsenic, or orpiment. 404. Articles the growth, produce, or manufacture of the United States, when returned after having been exported, without having been advanced in val- Ue Or improved in Condition by any process of manu- facture or other means; steel boxes, casks, barrels, Carboys, bags, and other containers or coverings of American manufacture exported filled with American products, Or exported empty and returned filled with foreign products, including shooks and Staves when returned as barrels or boxes; also quicksilver flasks or bottles, iron or steel drums of either domestic or foreign manufacture, used for the shipment of acids, Or Other chemicals, which shall have been actually exported from the United States; but proof of the identity of such articles shall be made, under gener- al regulations to be prescribed by the Secretary of the Treasury, but the exemption of bags from duty shall apply only to such domestic bags as may be im- ported by the exporter thereof, and if, any such arti- cles are subject to internal-revenue tax at the time of exportation, such tax shall be proved to have been paid before exportation and not refunded ; photo- graphic dry plates Or films Of American manufacture (except moving-picture films), exposed abroad, wheth- er developed or not, and films from moving-picture machines, light struck or otherwise damaged, or worn Out, so as to be unsuitable for any other purpose than the recovery of the constituent materials, provided the basic films are of American manufacture, but proof of the identity Of Such articles shall be made Under general regulations to be prescribed by the Secretary of the Treasury; articles exported from the United States for repairs may be returned upon payment of a duty upon the value of the repairs at the rate at which the article itself would be Subject if imported under Conditions and regulations to be prescribed by the Secretary of the Treasury: Pro- vided, That this paragraph shall not apply to any article upon which an allowance of drawback has been made, the reimportation of which is hereby pro- hibited except upon payment of duties equal to the drawbacks allowed; or to any article manufactured Ch. A # 5291 DUTIES UPON IMPORTS [Page 831] in bonded warehouse and exported under any provi- sion of law: And provided further, That when man- ufactured tobacco which has been exported without payment of internal-revenue tax shall be re-imported it shall be retained in the custody of the Collector of customs until internal-revenue stamps in payment of the legal duties shall be placed thereon: And provid- ed further, That the provisions of this paragraph shall not apply to animals made dutiable under the provisions of paragraph 397. 405. A Safetida. 406. Asbestos, unmanufactured. 407. Ashes, wood and lye of, and beet-root ashes. 408. Bagging for cotton, gunny cloth, and similar fabrics, suitable for covering cotton, COmposed. Of single yarns made of jute, jute butts, Seg, Russian seg, New Zealand tow, Norwegian tow, aloe, mill waste, cotton tares, or other material not bleached, dyed, colored, stained, painted, or printed, not exceed- ing sixteen threads to the square inch, counting the warp and filling, and weighing not less than fifteen Ounces per square yard ; plain woven fabrics of Sin- gle jute yarns by whatever name known, not bleach- ed, dyed, colored, stained, printed, or rendered non- inflammable by any process; and waste of any of the above articles suitable for the manufacture of paper. 409. Balm Of Gilead. . – 410. Barks, cinchona or other, from which quinine may be extracted. - 411. Bauxite or beauxite, crude, not refined or oth- erwise advanced in Condition from its natural State. 412. Beeswax. - 413. Bells, broken, and bell metal, broken and fit only to be remanufactured. 414. Bibles, comprising the books of the Old Or New Testament, or both, bound or unbound. 415. All binding twine manufactured from New Zealand hemp, manila, istle or Tampico fiber, sisal grass, or sunn, or a mixture of any two or more of them, of single ply and measuring not exceeding seven hundred and fifty feet to the pound. . 416. Birds and land and water fowls, not specially provided for in this section. 417. Biscuits, bread, and wafers, not specially pro- Vided for in this Section. . 418. Bismuth. 419. Bladders, and all integuments, tendons and in- testines of animals and fish sounds, crude, dried or Salted for preservation only, and unmanufactured, not Specially provided for in this section. 420. Blood, dried, not specially provided for in this Section. - - - - 421. Blue vitriol, or sulphate of copper; and subacetate of copper, or verdigris. 422. Bolting cloths composed of silk, imported ex- pressly for milling purposes, and so permanently marked as not to be available for any other use. Press cloths composed of camel's hair, imported ex- preSSly for Oil milling purposes, and marked so as to indicate that it is for such purposes, and cut into 'lengths not to exceed seventy-two inches and woven in widths not under ten inches nor to exceed fifteen inches and weighing not less than one-half pound per Square foot. - a Cetate 423. Bones, crude, burned, calcined, ground, steam- ed, but not otherwise manufactured, and bone dust Or animal Carbon, bone meal, and bone ash. 424. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by au- thority Or for the use Of the United States or for the use of the Library of Congress. 425. Books, maps, music, engravings, photographs, etchings, lithographic prints, bound or unbound, and Charts, which shall have been printed more than twenty years at the date of importation, and all hy- Örographic charts, and publications issued for their Subscribers or exchanges by scientific and literary as- Sociations or academies, or publications of individ- uals for gratuitous private circulation, not advertis- ing matter, and public documents issued by foreign governments. 426. Books and pamphlets printed wholly or chiefly in languages other than English; also books and music, in raised print, used exclusively by the blind, and all textbooks used in schools and other education- al institutions; Braille tablets, Cubarithmes, special apparatus and objects serving to teach the blind, in- cluding printing apparatus, machines, presses, and types for the use and benefit of the blind exclusively. 427. Books, maps, music, engravings, photographs, etchings, lithographic prints, and charts, specially imported, not more than two copies in any One in- voice, in good faith, for the use and by Order of any! society Or institution incorporated Or established sole- ly for religious, philosophical, educational, scientific, Or literary purposes, or for the encouragement Of the fine arts, or for the use and by order of any college, academy, school, or seminary of learning in the Unit- ed States, Or any State or public library, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe. - - 428. Books, libraries, usual and reasonable furni- ture, and similar household effects of persons or fam- ilies from foreign countries, all the foregoing if ac- _tually used abroad by them not-less–than-One-year, and not intended for any other person or persons, nor for Sale. - 429. Borax, crude and unmanufactured, and borate of lime, soda, and other borate material, crude and unmanufactured, not otherwise provided for in this Section. - - 430. Brass, old brass, clippings from brass or Dutch metal, all the foregoing, fit only for remanufacture. 431. Brazilian pebble, unwrought Or unmanufac- tured. - + 432. Bristles, crude, not sorted, bunched, or pre- pared. 433. Bromin. 434. Broom COrn. - 435. Buckwheat and buckwheat flour. 436. Bullion, gold or silver. 437. Burgundy pitch. 438. Burrstones, manufactured or bound up into millstones. 439. Cadmium. . • 440. Calcium, acetate of, brown and gray, and chloride of, crude; calcium carbide and calcium ni- trate. § 441. Cash registers, linotype and all typesetting ma- chines, sewing machines, typewriters, shoe machinery, Cream Separators valued at not ex ceeding $75, sand- blast machines, sludge machines, and tar and oil Spreading machines used in the construction and maintenance of roads and in improving them by the use of road preservatives, all the foregoing whether imported in whole or in parts, including repair parts. 442. Castor Or Castoreum. 443. Catgut, whip gut, or worm gut, unmanufac- tured. . 444. Cement, draulic. 445. Cerium, cerite, or cerium ore. 446. Chalk, crude, not ground, bolted, precipitated, or otherwise manufactured. - 447. Charcoal, blood char, bone char, or bone black, not suitable for use as a pigment. 448. Chromate of iron Or Chromic Ore. 449. Chromium, hydroxide of, crude. 450. Common blue clay and Gross-Almerode glass- pot clay, in cases or casks, suitable for the manufac- ture of crucibles and glass melting pots Or tank blockS. - - . 451. Coal, anthracite, bituminous, culm, slack, and shale; coke; compositions used for fuel in which COal or coal dust is the component material Of Chief Value, whether in briquets or other form. Roman, Portland, and other hy- 3 5291 (Tit. 33 DUTIES UPON IMPORTS [Page S32T 452. (Repealed.) This paragraph was repealed by Act Sept. 8, 1916, c. 463, § 502, post, § 5291c, and certain duties imposed upon the articles enumerated therein by §§ 500, 501, of said Act Sept. 8, 1916, c. 463, post, §§ 5291a, 5291b. Said paragraph Tead as follows: “452. Coal tar, crude, pitch of coal tar, wood or other tar, dead or creosote oil, and products of coal tar known as anthracene and anthracene oil, naphthalin, phenol, and Cresol.’’ 453. Cobalt and cobalt ore. 454. Cocculus indicus. 455. Cochineal. 456. Cocoa, or cacao, crude, and fiber, leaves, and Shells Of. 457. Coffee. 458. Coins of gold, silver, Copper, or other metal. 459. Coir, and coir yarn. 460. Composition metal of which copper is the COm- ponent material of chief value, not specially provided for in this Section. 461. Copper Ore; regulus of, and black Or Coarse copper, and copper cement; Old Copper, fit Only for remanufacture, copper scale, Clippings from new COp- per, and Copper in plates, bars, ingots, Or pigs, not manufactured Or Specially provided for in this section. 462. Copperas, Or Sulphate Of iron. 463. Coral, marine, uncut, and unmanufactured. 464. Cork wood, or cork bark, unmanufactured, and cork waste, shavings, and cork refuse of all kinds. 465. Corn Or maize. 466. Corn meal. 467. Cotton, and cotton waste or flocks. 468. Cryolite, or kryolith. 469. Cudbear. 470. Curling stones, or quoits, handleS. 471. Curry, and curry powder. 472. Cuttlefish bone. 473. Dandelion roots, raw, dried or undried, but unground. 474. Glaziers' and engravers’ diamonds, unset, min- ers’ diamonds. 475. Divi-divi. 476. Dragon’s blood. 477. Drugs, such as barks, beans, berries, buds, bulbs, bulbous roots, excrescences, fruits, flowers, dried fibers, dried insects, grains, gums, gum resin, herbs, leaves, lichens, mosses, logs, roots, Stems, Vege- tables, seeds (aromatic, not garden seeds), Seeds of morbid growth, weeds; any of the foregoing which are natural and uncompounded drugs and not edible and not specially provided for in this section, and are in a crude state, not advanced in value or condition by shredding, grinding, chipping, crushing, or any other process or treatment whatever beyond that essential and curling-Stone to the proper packing of the drugs and the prevention . of decay or deterioration pending manufacture: Pro- vided, That no article containing alcohol shall be ad- mitted free of duty under this paragraph. 478. Eggs of poultry, birds, fish, and insects (eX- cept fish roe preserved for food purposes) : Provided, however, That the importation of eggs of game birds or eggs of birds not used for food, except Specimens for scientific collections, is prohibited: Provided fur- ther, That the importation of eggs of game birds for purposes of propagation is hereby authorized, under rules and regulations to be prescribed by the Secre- tary of the Treasury. r 479. Emery ore and corundum, and crude artificial abrasives, not specially provided for. - 480. Fans, common palm-leaf, plain and not orna- mented or decorated in any manner, and palm leaf in its natural state, not colored, dyed, or otherwise ad- Vanced or manufactured. 481. Felt, adhesive, for sheathing vessels. 482. Fibrin, in all forms. 483. Fresh-water fish, and all. Other fish not other- wise specially provided for in this Section. 484. Fish. Skins. 485. Flax straw, flax, not hackled or dressed; flax hackled, known as “dressed line,” tow of flax and flax noils; hemp, and tow of hemp; hemp hackled, known as “line of hemp.” 486. Flint, flints, and flint stones, unground. 487. FOSSils. 488. Fruits or berries, green, ripe, or dried, and fruits in brine, not specially provided for in this sec- tion. 489. Fruit plants, tropical and semitropical, for the purpose of propagation or cultivation. 490. Fulminates, fulminating powder, and other like articles not Specially provided for in this section. 491. Furs and fur skins, undressed. 492. Gambier. - 493. Glass enamel, White, for Watch and clock dials. 494. Glass plates or disks, rough-cut or unwrought, for use in the manufacture of Optical instruments, Spectacles, and eyeglasses, and suitable Only for Such use : Provided, however, That such disks exceeding eight inches in diameter may be polished sufficiently to enable the character of the 'glass to be determined. 495. Gloves, made wholly or in chief value of leath- er made from horsehides, pigskins, and cattle hides Of Cattle of the bovine species, excepting calfskins, whether Wholly or partly manufactured. 496. Goldbeaters’ molds and goldbeaters’ skins. 497. Grasses and fibers: Istle or Tampico fiber, jute, jute butts, manila, Sisal grass, Sunn, and all other tex- tile grasses or fibrous vegetable substances, not dress- ed. Or manufactured in any manner, and not Specially provided for in this section. - 498. Grease, fats, vegetable tallow, and oils (except- ing fish oils) not chemically compounded, such as are Commonly used in soap making or in Wire drawing, or for stuffing or dressing leather, not specially provided for in this section. 499. Guano, manures, and all substances used only for manure including basic slag, ground or unground, and calcium Cyanamid or lime nitrogen. 500. Gum: Amber in chips valued at not more than 50 cents per pound, copal, damar, and kauri. 501. Gunpowder, and all explosive substances, not specially provided for in this section, used for min- ing, blasting, and artillery purposes. 502. Gutta-percha, Crude. 503. Hair of horse, Cattle, and Other animals, clean- ed or uncleaned, drawn or undrawn, but unmanufac- tured, not specially provided for in this section. 504. Hide cuttings, raw, with Or without hair, and all Other glue Stock. 505. Hide rope. - 506. Hides of cattle, raw or uncured, or dry, salted, or pickled. 507. HOnes and whetstones. 508. Hoofs, unmanufactured. 509. Hoop or band iron, or hoop or band steel, cut to lengths, or wholly or partly manufactured into hoops Or ties, coated or not coated with paint Or any Other preparation, With Or Without buckles Or fasten- ings, for baling Cotton or any other commodity. 510. Hop roots for cultivation. 511. Horns and parts of, including horn strips and tips, unmanufactured. 512. Ice. 513. India rubber, crude, and milk of, and scrap or refuse india rubber, fit only for remanufacture. 514. (Repealed.) This paragraph was repealed by Act Sept. 8, 1916, c. 463, § 502, post, $ 5291c, and certain duties imposed upon the articles enumerated therein by §§ 500, 501, of said Act Sept. 8, 1916, c. 463, post, §§ 5291a, 5291.b. Said paragraph read as follows: “514. Indigo, natural or synthetic, dry or suspended in water, and dyes obtained from indigo.” 515. Iodine, crude, or resublimed. 516. Ipecac. 517. Iridium, osmium, palladium, rhodium, and ru- thenium and native combinations thereof With One another or with platinum. Ch. A) & 5291 DUTIES UPON IMPORTS 518. Iron ore, including manganiferous iron Ore, and the dross or residuum from burnt pyrites; iron in pigs, iron kentledge, Spiegeleisen, wrought iron and Scrap and scrap steel; but nothing shall be deemed scrap iron or scrap steel except second-hand or waste or ref- use iron Or steel fit only to be remanufactured ; fer- romanganese; iron in slabs, blooms, 100pS Or Other forms less finished than iron bars, and more advanced than pig iron, except castings, not specially provided for in this Section. 519. Jalap. 520. Jet, unmanufactured. 521. JOSS Stick or joSS light. 522. Junk, old. 523. Kelp. 524. Kieserite. 525. Kyanite, or cyanite, and kainite. 526. Lac dye, crude, seed, button, stick, and shell. 527. Lactarene or casein. 528. Lard, lard compounds, and lard Substitutes. 529. Lava, unmanufactured. 530. All leather not specially provided for in this Section and leather board Or COImpressed leather; leath- er cut into shoe uppers or vamps or other forms Suita- ble for conversion into boots or shoes; boots and shoes made wholly or in chief value of leather; leath- er Shoe laces, finished or unfinished; harness, Saddles, and saddlery, in sets or in parts, finished or unfinished. - 531. Leeches. TT 532. Lemon juice, lime juice, and sour Orange juice, all the foregoing containing not more than 2 per cen- tum Of alcohol. - 533. Lifeboats and life-saving apparatus specially imported by SOCieties and institutions incorporated Or established to encourage the saving of human life. 534. Limestone-rock asphalt; asphaltum, and bi- tumen. 535. Lithographic stones, not engraved. 536. Litmus, prepared or not prepared. 537. Loadstones. * 538. Madder and munjeet, or Indian madder, ground Or prepared, and all extracts Of. 539. Magnesite, crude or calcined, not purified. 540. Manganese, OXide and Ore Of. 541. Manna. 542. Manuscripts. 543. Marrow, crude. 544. Marshmallow or althea root, leaves or flowers, natural Or Unmanufactured. 545. Meats: Fresh beef, veal, mutton, lamb, and pork; bacon and hams; meats of all kinds, prepar- ed or preserved, not specially provided for in this Section: Provided, however, That none of the forego- ing meats shall be admitted into the United States unless the same is healthful, wholesome and fit for human food and contains no dye, chemical, preserva- tive, or ingredient which renders the same unhealth- ful, UnwholeSOme Or Unfit for human food, and UInless the same also complies with the rules and regula- tions made by the Secretary Of Agriculture, and that, after entry into the United States in compliance with said rules and regulations,. Said imported meats shall be deemed and treated as domestic meats with- in the meaning of and shall be subject to the provi- sions of the Act Of June thirtieth, nineteen hundred and six (Thirty-fourth Statutes at Large, page six hundred and seventy-four), Commonly called the Meat Inspection Amendment, and the Act of June thirtieth, nineteen hundred and six, (Thirty-fourth Statutes at Large, page seven hundred and sixty-eight), commonly called the Food and Drugs Act, and that the Secre- tary of Agriculture be and hereby is authorized to make rules and regulations to Carry Out the purposes of this paragraph, and that in such rules and regula- tions the Secretary Of Agriculture may prescribe the terms and conditions for the destruction for food pur- poses of all such meats Offered for entry and refused COMP.ST.’18—53 [Page 833] admission into the United States unless the same be exported by the consignee within the time fixed there- for in Such rules and regulations. The provisions of the Meat Inspection Amendment of Act June 30, 1906, c. 3913, 34 Stat. 674, mentioned in this paragraph, were re-enacted and included in the provisions of the similar act of the next following year, Act March 4, 1907, c. 2907, post, § 8681. The Food and Drugs Act of June 30, 1906, c. 3915, also mentioned in this section is set forth post, §§ 8717-8728. 546. Medals of gold, silver, or copper, and other articles actually bestowed as trophies or prizes, and received and accepted as honorary distinctions. 547. Milk and cream, including milk or cream pre- served Or Condensed, or sterilized by heating Or Oth- er processes, and Sugar Of milk. 548. Mineral Salts Obtained by evaporation from mineral waters, when accompanied by a duly authen- ticated certificate and satisfactory proof showing that they are in no way artificially prepared and are only the product of a designated mineral Spring. 549. Minerals, Crude, or not advanced in value Or condition by refining or grinding, or by other process of manufacture, not specially provided for in this Section. 550. Miners’ rescue appliances, designed for emer- gency use in mines where artificial breathing is nec- essary in the presence of poisonous gases, to aid in the saving of human life, and miners' safety lamps, —and parts, acCessories, and appliances for cleaning, repairing, and Operating all the foregoing. 551. Models Of inventions and Of Other improve- ments in the arts, to be used exclusively as models and incapable of any Other use. 552. Moss, seaweeds, and vegetable substances, crude or unmanufactured, not otherwise specially provided for in this section. 553. Myrobolans fruit. 554. Cut nails and cut spikes of iron or steel, horse- shoe nails, horseshoe nail rods, hobnails, and all. Oth- er wrought-iron or steel nails not specially provided for in this section ; wire staples, wire nails made of wrought iron or steel, spikes, and horse, mule, or Ox shoes, of iron or steel, and cut tacks, brads, or SprigS. 555. Needles, hand sewing and darning, and nee- dles for Shoe machines. 556. Newspapers and periodicals; but the term “periodicals” as herein used shall be understood to embrace only unbound or paper-covered publications issued within six months of the time of entry, de- voted to current literature of the day, or containing Current literature as a predominant feature, and is- sued regularly at stated periods, as weekly, monthly, or quarterly, and bearing the date of issue. 557. Nuts: Marrons, crude; coconuts in the shell and broken coconut meat Or Copra, not shredded, des– , iccated, or prepared in any manner; palm nuts and palm-nut kernels. 558. Nux VOmica. 559. Oakum. 560. Oil Cake. 561. Oils: Birch tar, cajeput, coconut, cod, cod liver, cottonseed, croton, ichthyol, juglandium, palm, palm-kernel, perilla, soya-bean, and Olive oil render- ed unfit for use as food Or for any but mechanical Or manufacturing purposes, by Such means as shall be Satisfactory to the Secretary of the Treasury and under regulations to be prescribed by him; Chinese nut oil, nut oil or oil of nuts not specially provided for in this section; petroleum, crude or refined, and all products obtained from petroleum, including ker- osene, benzine, naphtha, gasoline, paraffin, and par- affin oil; and also spermaceti, whale, and other fish oils of American fisheries, and all fish and other prod- ucts of such fisheries. 562. Oleo Stearin. - 563. Orange and lemon peel, not preserved, can- died, or dried. ź 5291 DUTIES UPON IMPORTS - (Tit. 33 - [Page 834] 564. Orchil, or Orchil liquid. 565. Ores of gold, silver, or nickel, and nickel matte; ores of the platinum metals; Sweepings of gold and silver. - - 566. Paper stock, crude, of every description, in- cluding all grasses, fibers, rags, waste, including jute, bemp and flax waste, shavings, Clippings, Old paper, rope ends, waste rope, and waste bagging, and all other waste not specially provided for in this sec- tion, including old gunny cloth and old gunny bags, used chiefly for paper making. 567. Printing paper (other than paper commercially known as handmade or machine handmade paper, japan paper, and imitation japan paper by Whatever name known), unsized, sized, or glued, suitable for the printing of books and newspapers, but not for covers or bindings, not specially provided for in this Section, valued at not above 5 cents per pound, de- Calcomania paper not printed. - - This paragraph was amended by Act Sept. 8, 1916, c. 463, § 600, 39 Stat., to read as set forth above. The amend- Rnent consisted in changing the figures 2% to 5. 568. Parchment and wellum. 569. Paris green and London purple. 570. Pearl, mother of, and shells, not sawed, Cut, flaked, polished, or otherwise manufactured, or ad- Vanced in value from the natural state. 571. Personal effects, not merchandise, of citizens of the United States dying in foreign countries. 572. Pewter and britannia metal, Old, and fit only to be remanufactured. We 573. Philosophical and scientific apparatus, utensils, instruments, and preparations, including bottles and boxes containing the same, specially imported in good faith for the use and by order of any society or in- Stitution incorporated or established solely for re- ligious, philosophical, educational, scientific, or lit- erally purposes, or for the encouragement of the fine arts, or for the use and by Order of any college, acad- emy, school, or seminary of learning in the United States, or any State or public library, and not for Sale, and articles solely for experimental purposes, When imported by any society or institution of the Character herein described, subject to such regula- tions as the Secretary of the Treasury shall prescribe. 574. Phosphates, Crude. - 575. Phosphorus. 576. Photographic and moving-picture films, sensi- tized but not exposed or developed. 577. Plants, trees, shrubs, roots, seed cane, and Seeds, imported by the Department of Agriculture or the United States Botanic Garden. - 578. Platinum, unmanufactured or in ingots, bars plates, sheets, wire, sponge, or scrap, and vases, re- torts, and other apparatus, vessels, and parts there- of, composed of platinum, for chemical uses. . . . . 579. Plumbago. - - - 580. Potash; Crude, or “black salts”; carbonate Of ; Cyanide of ; sulphate of ; hydrate of, when not Containing more than 15 per centum of caustic soda ; nitrate of, or saltpeter, crude; and muriate of. 581. Potatoes, and potatoes dried, desiccated, or Otherwise prepared, not specially provided for in this Section: Provided, That any of the foregoing speci- fied articles shall be subject to a duty of 10 per cen- tum ad valorem when imported directly or indirectly from a country, dependency, or other subdivision of government which imposes a duty On Such articles imported from the United States. - 582. Professional books, implements, instruments, and tools Of trade, occupation, or employment in the actual possession of persons emigrating to the United States owned and used by them abroad; but this exemption shall not be construed to include machin- ery, or other articles imported for use in any manu- facturing establishment, or for any other person or persons, or for sale, nor shall it be construed to in- clude theatrical scenery, properties, and apparel; but Such articles brought by proprietors or managers of theatrical exhibitions arriving from abroad, for tem- porary use by them in such exhibitions, and not for any other person, and not for sale, and which have been used by them abroad; shall be admitted free of duty under such regulations as the Secretary of the Treasury may prescribe; but bonds shall be given for the payment to the United States Of Such duties as may be imposed by law upon any and all such ar- ticles as shall not be exported within six months aft- er such importation: Provided, That the Secretary Of the Treasury may, in his discretion, extend such period for a further term of six months in case ap- plication shall be made therefor. 583. PUIUI. - 584. Quinia, sulphate of, and all alkaloids or salts of cinchona bark. 585. Radium and salts of, radioactive substitutes, Selenium and Salts Of. - - 586. Rags, not otherwise specially provided for in this section. - - . 587. Hailway bars, made of iron or steel, and rail- Way bars made in part of steel, T rails, and punched iron Or Steel flat rails. 588. Rennets, raw or prepared. 589. Rye and rye flour. 590. Sago, crude, and sago flour. 591. Salicin. - 592. Salep, or salop. 593. Salt. - 594. Santonin, and its combinations with acids not Subject to duty under this section. - 595. Seeds: Cardamon, cauliflower, celery, coriand- er, Cotton, Cummin, fennel, fenugreek, hemp, hoar- hound, mangelwurzel, mustard, rape, Saint John's bread Or bean, sorghum, sugar beet, and sugar cane for Seed; bulbs and bulbous roots, not edible and not Otherwise provided for in this section ; all flower and grass seeds; coniferous evergreen seedlings; all the foregoing not specially provided for in this section. All mature mother flowering bulbs imported exclusively for propagating purposes were to be admitted free of duty by a proviso annexed to paragraph 210 of Schedule G of this section, ante. 596. Sheep dip. - 597. Shotgun barrels, in single tubes, forged, rough bored. - - 598. Shrimps, lobsters, and other shellfish. 599. Silk COCOOns and silk waste. 600. Silk, raw, in skeins reeled from the cocoon, or rereeled, but not wound, doubled, twisted, or ad- Vanced in manufacture in any way. 601. Silkworm eggs. - …' . 602. Skeletons and other preparations of anatomy. 603. Skins of hares, rabbits, dogs, goats, and sheep, undressed. , . . : . 604. Skins of all kinds, raw, and hides not special- ly provided for in this section. 605. Soda, arseniate of, cyanide of, sulphate of, crude, or salt cake and niter cake, soda ash, silicate of, nitrate of, or cubic nitrate. 606. Soya beans. - 607. Specimens of natural history, botany, and min- eralogy, , when imported for scientific public collec- tions, and not for sale. 60S. Spunk. 609. Spurs and stilts used in the manufacture Of earthen, porcelain, and stone ware. 610. Stamps: Foreign postage or revenue stamps, canceled or uncanceled, and foreign government stamped post cards bearing no other printing than the Official imprint thereon. 611. Statuary and casts of sculpture for use as models or for art educational purposes only; regalia and gems, where specially imported in good faith for the use and by Order of any society incorporated or established solely for religious, philosophical, educa- tional, scientific, or literary purposes, or for the en- couragement of the fine arts, or for the use and by order of any college, academy, school, Seminary of Ch. A) 3 5291 DUTIES UPON IMPORTS . [Page 835] learning, Orphan asylum, or public hospital in the United States, or any State or public library, and not for Sale, Subject to such regulations as the Sec- retary of the Treasury shall prescribe; but the term “regalia” as herein used shall be held to embrace on- ly such insignia of rank or office or emblems as may be Worn upon the person or borne in the hand during public exercises of the society or institution, and Shall not include articles of furniture or fixtures, Or of regular wearing apparel, nor personal property Of individuals. 1612. Steel engraved forms for bonds, debentures, Stock Certificates, negotiable receipts, notes and other Securities; and engraved steel plates, dies and rolls, Suitable for use in engraving or printing bonds, stock Certificates or other securities. 613. Steel ingots, cogged ingots, blooms, and slabs, die blocks or blanks, and billets, if made by the Bes- Semer, Siemens-Martin, open-hearth or similar pro- CeSSes, not containing alloy, such as nickel, Cobalt, Vanadium, chromium, tungsten, or wolfram, molyb- denum, titanium, iridium, uranium, tantalum, boron, and Similar alloys. 614. Stone and Sand: Burrstone in blocks, rough Or unmanufactured : rotten stone, tripoli, and sand, Crude Or manufactured ; cliff Stone, freestone, gran- ite, Sandstone, and limestone, unmanufactured, and not Suitable for use as—monumental or building stone ; all Of the foregoing not specially provided for in this Section. 615. Strontia, oxide of, protoxide of strontian, and Strontianite Or mineral carbonate of Strontia. 616. Strychnia or Strychnine, and its combinations with acids not subject to duty under this section. 617. Sulphur in any form, brimstone, and sulphur ore as pyrites, or sulphuret of iron in its natüral state, containing in excess of 25 per Centum Of Sul- phur. - 618. Sumac, ground or unground. 619. Swine, cattle, sheep, and all other domestic live animals suitable for human food not otherwise provided for in this Section. 620. Tagua nuts. 621. Talcum, steatite, and French chalk, crude and UIngrOUInd. - 622. Tallow. 623. Tamarinds. • 624. Tanning material: Extracts of quebracho, and of hemlock bark; extracts of Oak and chestnut and other barks and woods other than dyewoods Such as are Commonly used for tanning not specially pro- vided for in this section : nuts and nutgalls and woods used expressly for dyeing or tanning, wheth- er or not advanced in value or Condition by Shred- ding, grinding, chipping, crushing, or any other pro- cess; and articles in a Crude state Used in dyeing Or tanning; all the foregoing not containing alcohol and not specially provided for in this section. 625. Tapioca, tapioca flour, cassava or cassady. 626. Tar and pitch of wood. 627. Tea not specially provided for in this section, and tea plants: Provided, That the cans, boxes, Or Other containers of tea packed in packages Of less than five pounds each shall be dutiable at the rate chargeable thereon if imported empty: Provided fur- ther, That nothing herein contained shall be constru- ed to repeal or impair the provisions of an Act en- titled “An Act to prevent the importation of impure and unwholesome tea,” approved March Second, eight- een hundred and ninety-seven, and any Act amend- atory thereof. Act March 2, 1897, c. 358, to prevent the importation of impure and unwholesome tea, mentioned in this para- graph, is set forth post, §§ 8786-8796. Act June 13, 1898, c. 448, § 50, 30 Stat. 470, which imposed a duty upon tea of ten cents a pound, was repealed by Act April 12, 1902, c. 500, § 10, 32 Stat. 99, and tea was in- cluded in the Free List in the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 1, par. 691, 36 Stat. 80, with a pro- Viso Similar to that annexed to this paragraph. 3 *.* - block, and pig tin per year. 628. Teeth, natural, or unmanufactured. º Terra alba, not made from gypsum or plaster I’OCK. . . . 630. Terra japonica. 631. Tin ore, Cassiterite or black oxide of tin, tin in bars, blocks, pigs, or grain or granulated, and scrap tin: Provided, That there shall be imposed and paid upon Cassiterite, or black oxide of tin, and upon bar, block, pig tin and grain, or granulated, a duty Of 4 cents per pound when it is made to appear to the Satisfaction of the President of the United States that the mines of the United States are producing one thousand five hundred tons of cassiterite and bar, The President shall make known this fact by proclamation, and thereaft- er Said duties shall go into effect. - 632. Tobacco stems. ; 633. Tungsten-bearing ores of all kinds. 634. Turmeric. 635. Turpentine, Venice, and spirits of. 636. TurtleS. 687. Type, stereotype metal, electrotype metal, Iln- Otype Composition, all of the foregoing, old and fit Only to be remanufactured. 638. Uranium, oxide and salts of. 639. Valonia. 640. Wafers, unleavened or not edible. - 641. Wax, vegetable or mineral. 642. Wearing apparel, articles of personal adorn- ment, toilet articles, and similar personal effects of perSons arriving in the United States; but this ex- emption Shall include only such articles as were ac- tually Owned by them and in their possession abroad at the time of or prior to their departure from a for- eign Country, and as are necessary and appropriate for the Wear and use of such persons and are intend- ed for Such wear and use, and shall not be held to ap- ply to merchandise or articles intended for other per- Sons Or for Sale: Provided, That in case of residents Of the United States returning from abroad all wearing apparel, personal and household effects taken by them Out Of the United States to foreign countries Shall be admitted free of duty, without regard to their Value, upon their identity being established un- der appropriate rules and regulations to be prescribed by the Secretary of the Treasury: Provided further, That up to but not exceeding $100 in value of arti- Cles acquired abroad by such residents of the United States for personal or household use or as souvenirs Or Curios, but not bought on commission or intended for sale, shall be admitted free of duty. 643. Whalebone, unmanufactured. . 644. Wheat, wheat flour, semolina, and other wheat products, not specially provided for in this section: Provided, That wheat shall be subject to a duty of 10 Cents per bushel, that wheat flour shall be subject to a duty of 45 cents per barrel of 196 pounds, and Semolina and Other products of wheat, not Specially provided for in this section, 10 per centum ad valorem, When imported directly or indirectly from a Country, dependency, or other subdivision of government which imposes a duty on wheat or wheat flour or semolina imported from the United States. 645. All barbed Wire, galvanized wire not larger than twenty One-hundredths of One inch in diameter and not Smaller than eight One-hundredths Of One inch in diameter of the kind commonly used for fencing pur- poses, galvanized Wire fencing composed of wires not larger than tWenty One-hundredths of One inch in dia- meter nor Smaller than eight one-hundredths of one inch in diameter, and wire commonly used for baling hay or Other commodities. 646. Witherite. 647. Wood : LOgS, timber, round, unmanufactured, hewn or sawed, sided or squared; pulp woods, kind- ling wood, fireWood, hop holes, hoop poles, fence postS, handle bolts, Shingle bolts, gun blocks for gunstocks rough hewn or sawed, or planed on one side; hubs ź 5291 (Tit. 33 DUTIES UPON IMPORTS IPage 836] for wheels, posts, heading bolts, stave bolts, last blocks, wagon blocks, oar blocks, heading blocks, and all like blocks or sticks, rough hewn, sawed, or bored; sawed boards, planks, deals, and other lumber, not further manufactured than sawed, planed, and tongu- ed and grooved; clapboards, laths, pickets, palings, staves, shingles, ship timber, ship planking, broom handles, sawdust, and wood flour; all the foregoing not specially provided for in this section. 648. Woods: Cedar, including Spanish cedar, lig- num-vitae, lance-wood, ebony, box, granadilla, mahog- any, rosewood, satinwood, and all forms of cabinet WOOds, in the log, rough, or hewn. Only, and red Cedar (Juniperus virginiana) timber, hewn, sided, Squared, or round; sticks of partridge, hair wood, pimento, Orange, myrtle, bamboo, rattan, reeds unmanufactured, india malacca joints, and other Woods not Specially provided for in this section, in the rough, or not fur- ther advanced than cut into lengths suitable for Sticks for umbrellas, parasols, sunshades, whips, fishing rods, Or walking canes. 649. Mechanically ground wood pulp, chemical wood pulp, unbleached or bleached, and rag pulp. . 650. Wool of the sheep, hair of the Camel, and Other like animals, and all wools and hair on the skin of such animals, and paper twine for binding any Of the foregoing. This paragraph shall be effective on and after the first day of December, nineteen hundred and thirteen, until which time the rates of duty now pro- vided by schedule K of the existing law shall remain in full force and effect. 651. Wool wastes: All noils, top waste, card waste, slubbing Waste, roving waste, ring waste, yarn Waste, bur Waste, thread Waste, garnetted Waste, shoddies, mungo, flocks, wool extract, carbonized wool, Carboniz- ed noils, and all other wastes not specially provided for in this section. This paragraph shall be effective On and after the first day of December, nineteen hun- dred and thirteen, until which time the rates of duty. now provided by schedule K of the existing law shall remain in full force and effect. 652. Original paintings in oil, mineral, water, or Other Colors, pastels, Original drawings and Sketches in pen and ink Or pencil and water Colors, artists’ proof etchings unbound, and engravings and Woodcuts Un- bound, original sculptures or statuary, including not more than two replicas or reproductions of the same; but the terms “sculpture” and “statuary” as used in this paragraph shall be understood to include profes- SiOnal productions of sculptors Only, whether in round or in relief, in bronze, marble, stone, terra Cotta, ivory, wood, or metal, or whether cut, carved, or oth- erWise Wrought by hand from the solid block or mass of marble, stone, or alabaster, or from metal, or cast in bronze or other metal or substance, or from wax or plaster, made as the professional productions of sculp- tors Only; and the words “painting” and “sculpture” and “Statuary” as used in this paragraph shall not be understood to include any articles of utility, nor such as are made wholly or in part by stenciling or any other mechanical process; and the words “etchings,” “engravings,” and “woodcuts” as used in this para- graph shall be understood to include Only such as are printed by hand from plates or blocks etched or en- graved with hand tools and not such as are printed from plates or blocks etched or engraved by photo- Chemical or other mechanical processes. 653. Works of art, drawings, engravings, photo- graphic pictures, and philosophical and scientific ap- paratus brought by professional artists, lecturers, or scientists arriving from abroad for use by them tempo- rarily for exhibition and in illustration, promotion, and encouragement of art, science, or industry in the United States, and not for Sale, shall be admitted free of duty, under such regulations as the Secretary of the Treasury shall prescribe; but bonds shall be given for the payment to the United States of Such duties as may be imposed by law upon any and all such arti- Cles as shall not be exported within six months after such importation: Provided, That the Secretary of the Treasury may, in his discretion, extend such peri- od for a further term of six months in cases Where ap- plication therefor shall be made. 654. Works of art, collections in illustration of the progress of the arts, sciences, agriculture, or manu- factures, photographs, works in terra cotta, parian, pottery, Or porcelain, antiquities and artistic copies thereof in metal or other material, imported in good faith for exhibition at a fixed place by any State or by any Society or institution established for the en- Couragement of the arts, Science, agriculture, or edu- Cation, or for a municipal Corporation, and all like articles imported in good faith by any Society Or asso- ciation, or for a municipal corporation, for the pur- pose of erecting a public monument, and not intended for sale nor for any other purpose than herein ex- preSSed; but bond shall be given under such rules and regulations as the Secretary of the Treasury may pre- Scribe, for the payment of lawful duties which may ac- Crue should any of the articles aforesaid be Sold, transferred, or used contrary to this provision, and Such articles shall be subject, at any time, to exam- ination and inspection by the proper officers of the Customs: Provided, That the privileges of this and the preceding paragraph shall not be allowed to as- SOCiations or corporations engaged in or connected With business of a private or commercial character. 655. Works of art, productions of American artists residing temporarily abroad, or other works of art, including pictorial paintings on glass, imported ex- pressly for presentation to a national institution or to any State or municipal corporation or incorporated religious Society, college, or other public institution, including stained or painted window glass or stained Or painted glass windows imported to be used in hous- es of Worship, and excluding any article, in whole or in part, molded, cast, or mechanically wrought from metal Within twenty years prior to importation; but Such exemption shall be subject to such regulations as the Secretary of the Treasury may prescribe. 656. Works of art (except rugs and carpets), collec- tions in illustration of the progress of the arts, works in bronze, marble, terra cotta, parian, pottery, or porcelain, artistic antiquities, and objects of art of Ornamental Character or educational value which shall have been produced more than one hundred years prior to the date of importation, but the free importa- tion of Such objects shall be subject to such regula- tions as to proof of antiquity as the Secretary of the Treasury may prescribe. 657. Zaffer. (Oct. 3, 1913, c. 16, § 1, 38 Stat. 114. amended, April 27, 1916, c. 93, 39 Stat. 56, and Sept. 8, 1916, c. 463, §§ 500–502, 600, 39 Stat. 793, 794, 795.) This Was the first section of the Underwood Tariff Act of 1913, cited above, entitled “An act to reduce tariff du- ties and to provide revenues for the Government, and for Other purposes.” This section was amended, and portions thereof repeal- ed, by Act April 27, 1916, c. 93, 39 Stat. 56, and by Act Sept. 8, 1916, c. 463, §§ 500-502, 600, 39 Stat. 793, 794, 795. Said amendments and repeals are indicated by notes under the paragraphs of this section so amended or repealed. Section II of said Underwood Tariff Act, imposing a tax upon incomes, was superseded by Act Sept. 8, 1916, c. 463, Title I, post, $$ 6319-6336. Section III of said Underwood Tariff Act amending the Customs Administrative Act of June 10, 1890, c. 407, 26 Stat. 131, is set forth post, §§ 5519–5524, 5526-5528, 5529–5533, 5591, 5592, 5594-5602, 5656, 5718, 5791. Provisions of section IV of said Underwood Tariff Act, relating to duties on imports, are set forth post, §§ 5292– 5318; and other provisions of said section are set forth post, §§ 5668, 5672, 5673, 5724, 6137. All laws affecting imports into the United States apply to articles, etc., coming from the Canal Zone, Isthmus of Panama, by Act March 2, 1905, c. 1311, post, § 5323. Provisions for lower rates of duty on specified articles imported from Canada, when Canada, should impose recip- rocal rates on specified articles imported from the United States, and for exemption from duty of other articles im- ported from Canada when specified articles from the Unit- ed States should be admitted to Canada free of duty, Were made by Act July 26, 1911, c. 3, § 1, post, § 5326 Grain brought, in wagons, etc., by Canadian farmers, to Ch. A) 3 5292 DUTIES UPON IMPORTS [Page 8371 be ground in mills in the United States, was not to be deemed imported or liable to import duties by Act Jan. 9, 1883, c. 17, post, § 5320. ge Articles, live stock, or wild or other animals,. sent out of the United States for exhibition at any public exposi- tion, etc., held in a foreign country, may be returned to the Unitéd States without payment of customs duty, by Act May 18, 1896, c. 195, and Act March 3, 1899, c. 454, post, §§ 5321, 5322. $ º Other changes in the free list and in the dutiable list were made by Act Sept. 8, 1916, c. 463, §§ 500, 501, post, §§ 5291a, 5291b. w § 5291a. Dyestuffs—On and after the day fol- lowing the passage of this Act, except as otherwise specially provided for in this title, there shall be levied, collected, and paid upon the articles named in this section when imported from any foreign country into the United States or into any of its possessions, except the Philippine Islands and the islands of Guam and Tutuila, the rates of duties which are prescrib- ed in this title, namely: FREE LIST Group I. Acenaphthene, anthracene having a purity of less than twenty-five per centum, benzol, Carbazol having a purity of less than twenty-five per Centum, cresol, Cumol, fluorene, metacresol having a purity of less than ninety per centum, methylanthracene, methylnaphthalene, naphthalene having a Solidify- ing point-less-than seventy-nine degrees centigrade, Orthogresol having a purity of less than ninety per centum, paracresol having a purity of less than ninety per centum, pyridin, quinolin, toluol, Xylol, crude coal tar, pitch of coal tar, dead or creosote Oil, anthracene oil, all other distillates which on being Subjected to distillation yield in the portion distilling below two hundred degrees centigrade a quantity of tar acids less than five per centum of the Original dis- tillate, and all other products that are found natural- ly in coal tar, whether produced or obtained from coal tar or other source, and not otherwise Specially pro- vided for in this title, shall be exempt from duty. DUTIABLE LIST Group II. Amidonaphthol, amidophenol, amidosa- licylic acid, anilin oil, anilin salts, anthracene having a purity Of twenty-five per centum or more, anthra- quinone, benzoic acid, benzaldehyde, benzylchloride, benzidin, binitrobenzol, binitrochlorobenzol, binitro- naphthalene, binitrotoluol, carbazol having a purity of twenty-five per centum or more, chlorophthalic acid, cumidin, dimethylanilin, dianisidin, dioxynaphtha- lene, diphenylaimin, metacresol having a purity of ninety per Centum or more, methylanthraquinone, metanilic acid, naphthalene having a solidifying point of seventy-nine degrees centigrade or above, naphthy- lamin, naphthol, naphthylenediamin, nitrobenzol, ni- trotoluol, nitronaphthalene, nitranilin, nitrophenylene- diamin, nitrotoluylenediamin, orthocresol having a purity of ninety per centum or more, paracresol hav- ing a purity of ninety per centum or more, phenol, phthalic acid, phthalic anhydride, phenylenediamin, phenylnaphthylamin, resorcin, salicylic acid, sul- phanilic acid, toluidin, tolidin, toluylenediamin, xyli- din, or any Sulphoacid or sulphoacid salt of any of the foregoing, all similar products obtained, derived, or manufactured in whole or in part from the products provided for in Group I, and all distillates which on being subjected to distillation yield in the portion distilling below two hundred degrees centigrade a Quantity of tar acids equal to or more than five per centum of the original distillate, all the foregoing not Colors, dyes, or stains, photographic chemicals, medic- inals, flavors, or explosives, and not otherwise pro- vided for in this title, and provided for in the para- graphs of the Act of October third, nineteen hundred and thirteen, which are hereinafter specifically re- pealed by section five hundred and two, fifteen per Centum ad Valorem. Group III. All colors, dyes, or stains whether solu- ble or not in water, color acids, color bases, Color lakes, photographic chemicals, medicinals, flavors, synthetic phenolic resin, or explosives, not otherwise specially provided for in this title, when obtained, de- rived, or manufactured in whole or in part from any of the products provided for in Groups I and II, natu- ral alizarin and indigo, and colors, dyes, Or Color lakes obtained, derived, or manufactured therefrom, thirty per centum ad valorem. (Sept. 8, 1916, c. 463, § 500, 39 Stat. 793.) This section and the two sections next following consti- tuted a part of “An act to increase the revenue and for other purposes,” cited above. Section 900 of said act pro- vides that if any part of the act is adjudged invalid, the invalidity of such part shall not affect the other portions of the act. Section 902 of such act provides that the act shall take effect on the day following its passage unless otherwise specially provided and repeals all inconsistent acts. Certain other sections of said act, amending and repealing portions of Act Oct. 3, 1913, c. 16, § 1, are incor- porated therein in their proper places. See ante, § 5291. Other sections of said act are set forth post, under Chap- ter B of this Title, under Title XXXV, “Internal Reve- nue,” and under Title LVI D, “Federal Trade Commission, and Prevention of Unfair Competition.” The words “this title,” as used in this section, refer to Title V of said Act Sept. 8, 1916, c. 463, “Dyestuffs,” which said Title consisted of this section and the two Sections next following. § 5291b. Ārticles dutiable, and rates; sched- ules and free list—On and after the day following the passage of this Act, in addition to the duties pro- vided in section five hundred, there shall be levied, collected, and paid upon all articles contained in Group II a special duty of 2% cents per pound, and upon all articles contained in Group III (except natu- ral and synthetic alizarin, and dyes obtained from alizarin, anthracene, and carbazol; natural and Syn- thetic indigo and all indigoids, whether or not obtain- ed from indigo ; and medicinals and flavors), a Special duty of 5 cents per pound. During the period of five years beginning five years after, the passage of this Act such special duties shall be annually reduced by twenty per centum of the rate imposed by this section, so that at the end of Such period such special duties shall no longer be assess- ed, levied, or collected; but if, at the expiration of five years from the date of the passage of this Act, the President finds that there is not being manufac- tured or produced within the United States as much as sixty per centum in value of the domestic con- Sumption of the articles mentioned in Groups II and III of Section five hundred, he shall by proclamation so declare, whereupon the Special duties imposed by this section on such articles shall no longer be as- sessed, levied, or collected. (Sept. 8, 1916, c. 463, § 501, 39 Stat. 794.) § 5291 c.. Same; repeal—Paragraphs twerity, twenty-One, twenty-two, and twenty-three and the words “salicylic acid” in paragraph one of Schedule A of section one of an Act entitled “An Act to reduce tariff duties and to provide revenue for the Govern- ment, and for other purposes,” approved October third, nineteen hundred and thirteen, and paragraphs three hundred and ninety-four, four hundred and fifty-two, and five hundred and fourteen, and the WOrds “Carbol- ic” and “phthalic,” in paragraph three hundred and eighty-seven of the “free list” of section one of said Act, and so much of said Act Or any existing law or parts of law as may be inconsistent with this title are hereby repealed. (Sept. 8, 1916, c. 463, § 502, 39 Stat. 794.) § 5292. Trade agreements with foreign na- tions—A. For the purpose of readjusting the present duties On importations into the United States and at the same time to encourage the export trade Of this country, the President of the United States is author- ized and empowered to negotiate trade agreements with foreign nations wherein mutual concessions are made looking toward freer trade relations and further reciprocal expansion of trade and commerce: Pro- vided, however, That said trade agreements before becoming Operative shall be submitted to the Congress of the United States for ratification or rejection. (Oct. 3, 1913, c. 16, § IV, A, 38 Stat. 192.) See §§ 5668, 5672, 5673, 5724, and 6137. 3 5293 (Tit. 33 DUTIES UPON IMPORTS [Page S38; § 5293. Reciprocity treaty with Cuba, not af- fected except as to proviso—B. Nothing in this Act COntained shall be so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on the eleventh day of December, nineteen hundred and two, Or the provisions of the Act of Congress heretofore paSSed for the execution. Of the same except as to the proviso of article eight of said treaty, which proviso is hereby abrogated and repealed. (Oct. 3, 1913, c. 16, § IV, B, 38 Stat. 192.) - See §§ 5324, 5325. § 5294. Duties on articles coming from Phil- ippines—C. There shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Islands the rates of duty which are re- quired to be levied, collected, and paid upon like articles imported from foreign countries: Provid- ed., That all articles, the growth or product of or man- ufactured in the Philippine Islands from materials the growth or product Of the Philippine Islands Or Of the United States, or of both, or which do not COn- tain foreign materials to the value of more than 20 per Centum Of their total value, upon Which no draw- back of customs duties has been allowed therein, Com- ing into the United States from the Philippine Islands shall hereafter be admitted free of duty: Provided, however, That in consideration of the exemptions aforesaid, all articles, the growth, product, Or manu- facture of the United States, upon which no drawback of Customs duties has been allowed therein, shall be admitted to the Philippine Islands from the United States free of duty: And provided further, That the free admission, herein provided, of Such articles, the growth, product, or manufacture of the United States, into the Philippine Islands, or of the growth, product, or manufacture, as hereinbefore defined, of the Phil- .ippine Islands into the United States, Shall be Con- ditioned upon the direct shipfment thereof, under a through bill of lading, from the Country of origin to the country of destination: Provided, That direct shipment shall include shipments in bond through foreign territory Contiguous to the United States: Provided, however, That if such articles become un- packed while en route by accident, Wreck, Or Other Cas- ualty, or so damaged as to necessitate their repack- ing, the same shall be admitted free of duty upon Sat- isfactory proof that the unpacking occurred through accident or necessity and that the merchandise in- volved is the identical merchandise originally shipped from the United States or the Philippine Islands, as the case may be, and that its condition has not been Changed except for Such damage as may have been sustained: And provided, That there shall be levied, collected and paid, in the United States, upon articles, goods, wares, or merchandise Coming into the Unit- ed States from the Philippine Islands, a tax equal to the internal-revenue tax imposed in the United States upon the like articles, goods, Wares, Or merchandise of domestic manufacture; such tax to be paid by in- ternal-revenue stamp or stamps, to be provided by the Commissioner of Internal Revenue, and to be affixed in such manner and under such regulations as he, with the approval Of the Secretary Of the Treasury, shall prescribe; and Such articles, goods, wares, or merchandise, shipped from Said islands to the United States, shall be exempt from the payment of any tax imposed by the internal-revenue laws of the Philip- pine Islands: And provided further, That there shall be levied, collected, and paid in the Philippine IS- lands, upon articles, goods, Wares, or merchandise go- ing into the Philippine Islands from the United States, a tax equal to the internal-revenue tax imposed in the Philippine Islands upon the like articles, goods, wares, or merchandise of Philippine Islands manufacture; such tax to be paid by internal-revenue stamps or otherwise, as provided by the laws in the Philippine Islands; and such articles, goods, wares, or merchan- dise going into the Philippine Islands from the United States shall be exempt from the payment of any tax imposed by the internal-revenue laws of the United States: And provided further, That in addi- tion to the customs taxes imposed in the Philippine Islands, there shall be levied, collected, and paid therein upon articles, goods, wares, or merchandise imported into the Philippine Islands from Countries Other than the United States, the internal-revenue tax imposed by the Philippine Government on like articles manufactured and consumed in the Philippine Islands Or shipped thereto for COnsumption therein, from the United States: And provided further, That from and after the passage of this Act all internal revenues col- lected in Or for account Of the Philippine Islands shall accrue intact to the general government thereof and be paid into the insular treasury: And provided fur- ther, That section thirteen of “An Act to raise revenue for the Philippine Islands, and for other purposes,” approved August fifth, nineteen hundred and nine, is hereby repealed. (Oct. 3, 1913, c. 16, § IV, C, 38 Stat. 192.) § 5295. Exemption of articles going to Porto Rico from internal-revenue taxes—D. Articles, goods, wares, or merchandise" going into Porto Rico from the United States shall be exempted from the payment of any tax imposed by the internal-revenue laws of the United States. (Oct. 3, 1913, c. 16, § IV, D, 38 Stat. 193.) See §§ 6338, 6.338a. § 5296. Countervailing duty on articles on which export bounty was paid—E. Whenever any country, dependency, colony, province or other politi- Cal Subdivision of government shall pay Or bestow, directly or indirectly, any bounty or grant upon the exportation of any article or merchandise from Such country, dependency, colony, province or other po- litical Subdivision of government, and such article Or merchandise is dutiable under the provisions of this Act, then upon the importation of any such article Or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same Condition as when exported from the country of production Or has been changed in condition by remanufacture Or otherwise, there shall be levied and paid, in all Such cases, in addition to the duties Other Wise imposed by this Act, an additional duty equal to the net amount of Such bounty or grant, however the same be paid or bestowed. The net amount of all such bounties Or grants shall be from time to time ascertained, deter- mined, and declared by the Secretary of the Treasury, who shall make all needful regulations for the iden- tification of such articles and merchandise and for the assessment and collection of such additional du- ties. (Oct. 3, 1913, c. 16, § IV, E, 38 Stat. 193.) See §§ 5316, 5319, 88361-8836v. § 5297. Marking articles to indicate country of origin; packages, to indicate origin and quantity—F. SubSection 1. All articles of foreign manufacture or production, which are capable of be- ing marked, stamped, branded, or labeled, without injury, shall be marked, stamped, branded, or labeled in legible English WOrds, in a conspicuous place that shall not be covered or obscured by any subsequent attachments Or arrangements, SO as to indicate the Country Of Origin. Said marking, stamping, branding, or labeling shall be as nearly indelible and permanent as the nature of the article will permit. - All packageS COntaining imported articles shall be marked, Stamped, branded, Or labeled SO as to indicate legibly and plainly, in English words, the country of Origin and the quantity Of their contents, and until marked in accordance with the directions prescribed in this Section no articles or packages shall be deliv- ered to the importer. Should any article or package of imported merchan. ' Ch. A) 3 5306 DUTIES UPON IMPORTS [Page 839] dise be marked, stamped, branded, Or labeled So as not accurately to indicate the quantity, number or measurement actually contained in Such article Or package, no delivery of the same shall be made to the importer until the mark, stamp, brand, Or label, as the case may be, shall be changed so as to conform to the facts Of the Case. The Secretary of the Treasury shall prescribe the necessary rules and regulations to Carry Out the foregoing provision. (Oct. 3, 1913, c. 16, § IV, F, Sub- sec. 1, 38 Stat. 194.) - See §§ 5316, 9513. § 5298. Same; fraudulent violation of provi- sions; punishment—F. Subsection 2. If any perSOn shall fraudulently violate any of the provisions of this Act relating to the marking, stamping, branding, Or labeling of any imported articles Or packages; Or shall fraudulently deface, destroy, remove, alter, Or obliterate any such marks, stamps, brands, or labels with intent to conceal the information, given by Or contained in such marks, stamps, brands, Or labels, he shall upon conviction be fined in any sum not ex- ceeding $5,000, or be imprisoned for any time not ex- ceeding one year, or both. (Oct. 3, 1913, c. 16, § IV, F, subsec. 2, 38 Stat. 194.) § 5299. Importation of obscene books, iottery tickets, ete.: forfeiture-G. SubSection I.T.All per- Sons are prohibited from importing into the United States from any foreign Country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image On Or of paper Or Other material, Or any cast, instrument, or other article of an immoral na- ture, or any drug or medicine, or any article what- ever for the prevention of conception or for causing unlawful abortion, Or any lottery ticket Or any ad- vertisement of any lottery. No Such articles, Wheth- er imported separately or contained in packages with Other goods entitled to entry, shall be admitted to entry; and all Such articles shall be proceeded against, seized, and forfeited by due course of law. All such prohibited articles and the package in which they are contained in the Course of importation shall be detained by the officer of customs, and proceedings taken against the same as hereinafter prescribed, un- less it appears to the satisfaction of the collector of Customs that the Obscene articles Contained in the package were inclosed therein without the knowledge or consent of the importer, owner, agent, or con- signee: Provided, That the drugs hereinbefore men- tioned, when imported in bulk and not put up for any of the purposes hereinbefore specified, are excepted from the operation of this section. (Oct. 3, 1913, c. 16, § IV, G, Subsec. 1, 38 Stat. 194.) $ 5300. Same; aiding or abetting violation of law, a misdemeanor; punishment—G. Subsection 2. Whoever, being an officer, agent, or employee of the Government of the United States, shall knowingly aid or abet any person engaged in any violation of any of the provisions of law prohibiting importing, advertis- ing, dealing in, exhibiting, Or Sending or receiving by mail obscene or indecent publications or representa- tions, or means for preventing conception or procur- ing abortion, or other articles of indecent or immoral use Or tendency, shall be deemed guilty Of a misde- meanor, and shall for every offense be punishable by a fine of not more than $5,000, or by imprisonment at hard labor for not more than ten years, or both. (Oct. 3, 1913, c. 16, § IV, G, subsec. 2, 38 Stat. 195.) § 53.01. Same; proceedings for seizure, con- demnation, and destruction of articles—G. SubSec- tion 3. Any circuit Or district judge Of the United States, within the proper district, before whom com- plaint in writing of any violation of the two preced- ing Sections is made, to the Satisfaction of Such judge, and founded on knowledge or belief, and if upon belief, setting forth the grounds of such belief, and supported by oath or affirmation of the complain- ant, may issue, conformably to the Constitution, a Warrant directed to the marshal or any deputy mar- shal in the proper district, directing him to search for, Seize, and take possession of any such article or thing mentioned in the two preceding sections, and to make due and immediate return thereof to the end that the same may be COndemned and destroyed by proceedings, which shall be Conducted in the same manner as other proceedings in the case of municipal Seizure, and with the same right of appeal Or Writ Of error. (Oct. 3, 1913, c. 16, § IV, G, subsec. 3, 38 Stat. 195.) § 53.02. Importation of neat cattle and hides prohibited; suspension of prohibition, in part— H. Subsection 3. The importation of neat cattle and the hides of neat cattle from any foreign country into the United States is prohibited: Provided, That the Operation of this section shall be suspended as to any foreign country or countries, or any parts of Such country Or Countries, whenever the Secretary of the Treasury shall Officially determine, and give pub- lic notice thereof, that such importation will not tend to the introduction. Or Spread Of contagious Or infec- tious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby author- ized and empowered, and it shall be his duty, to make all necessary Orders and regulations to carry this section into effect, or to suspend the same as herein provided, and to send Copies thereof to the proper Officers in the United States and to Such Offi- cers or agents of the United States in foreign coun- tries as he shall judge necessary. (Oct. 3, 1913, c. 16, § IV, H, subsec. 1, 38 Stat. 195.) $ 5303. Same; punishment—H. Subsection 2. Any person convicted of a willful violation of any of the provisions of the preceding subsection shall be fined not exceeding $500, or imprisoned not ex- ceeding one year, or both, in the discretion of the court. (Oct. 3, 1913, c. 16, § IV, H, subsec. 2, 3 Stat. 195.) : § 53.04. Importation of goods manufacture Thy convict labor prohibited—I. All goods, wares, articles, and merchandise manufactured wholly or in part in any foreign country by convict labor shall not be entitled to entry at any of the ports of the |United States, and the importation thereof is here- by prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations aS may be necessary for the enforcement of this provision. (Oct. 3, 1913, c. 16, § IV, I, 38 Stat. 195.) $ 5.305. Discriminating duty on goods import- ed in foreign vessels—J. Subsection 1. A discrimi- Inating duty of 10 per centum ad valorem, in addition to the duties imposed by law, shall be levied, collect- ed, and paid. On all goods, wares, or merchandise Which shall be imported in vessels not of the United States, or which being the production or manufacture Of any foreign country not contiguous to the United States, shall come into the United States from such contiguous Country; but this discriminating duty shall not apply to goods, Wares, or merchandise which shall be imported in vessels not of the United States enti- tled at the time of such importation by treaty or con- vention or Act of Congress to be entered in the ports Of the United States On payment of the same duties as shall then be payable on goods, wares, and mer- Chandise imported in vessels of the United States, nor to such foreign products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade. (Oct. 3, 1913, c. 16, § IV, J, subsec. 1, 38 Stat. 195.) § 53.06. Importation only in vessels of United States or of country of origin—J. Subsection 2. No goods, Wares, or merchandise, unless in cases provided for by treaty, Shall be imported into the United States from any foreign port or place, except in vessels of the Dnited States, or in such foreign vessels as truly and wholly belong to the citizens or Subjects of that country of which the goods are the growth, produc- tion, Or manufacture, or from which such goods, # 5307 (Tit. 33 DUTIES UPON IMPORTS [Page 840] wares, or merchandise can only be, or most usually are, first shipped for transportation. All goods, Wares, or merchandise imported contrary to this section, and the Vessel wherein the same Shall be imported, to- gether with her cargo, tackie, apparel, and furniture, shall be forfeited to the United States; and Such goods, wares, or merchandise, ship, or vessel, and Car- go shall be liable to be seized, prosecuted, and COIl- demned in like manner, and under the Same regula- tions, restrictions, and provisions as have been here- tofore established for the recovery, Collection, distri- bution, and remission of forfeitures to the United States by the several revenue laws. (Oct. 3, 1913, C. 16, § IV, J, subsec. 2, 38 Stat. 196.) § 53.07. Same; restriction of preceding sub- sectioxa-J. Subsection 3. The preceding Subsection shall not apply to vessels or goods, wares, or mer- Chandise imported in Vessels of a foreign nation which does not maintain a similar regulation against ves- sels of the United States. (Oct. 3, 1913, c. 16, § IV, J, subsec. 3, 38 Stat. 196.) § 53.08. Admission without payment of duty, under bond for exportation—J. Subsection 4. Ma- chinery or other articles to be altered or repaired, molders' patterns for use in the manufacture of Cast- ings intended to be and actually exported within six months from the date of importation thereof, models of women's wearing apparel imported by manufac- turers for use as models in their own establishments, and not for sale, samples solely for use in taking Or- ders for merchandise, articles intended solely for ex- perimental purposes, and automobiles, motor Cycles, bicycles, aeroplanes, airships, balloons, motor boats, racing shells, teams, and saddle horses, and Similar vehicles and craft brought temporarily into the Unit- ed States by nonresidents for touring purposes Or for the purpose of taking part in races or other specific Contests, may be admitted without the payment Of duty under bond for their exportation within six months from the date of importation and under such regulations and subject to such conditions as the Sec- retary of the Treasury may prescribe: Provided, That no article shall be entitled to entry under this Section that is intended for Sale or which is imported for Sale On approval. (Oct. 3, 1913, c. 16, § IV, J, subsec. 4, 38 Stat. 196.) § 5399. Importation in bond of materials for construction of vessels and of materials for build- ing their machinery, and articles for outfit and equipment; use free of duty—J. Subsection 5. All materials of foreign production which may be neces- Sary for the Construction of naval vessels or other ves- Sels of the United States, vessels built in the United States for foreign account and ownership, or for the purpose of being employed in the foreign or domestic trade, and all such materials necessary for the build- ing of their machinery, and all articles necessary for their Outfit and equipment, may be imported in bond under Such regulations as the Secretary Of the Treas- ury may prescribe; and upon proof that such mate- rials have been used for such purposes no duties shall be paid thereon. (Oct. 3, 1913, c. 16, § IV, J, Subsec. 5, 38 Stat. 196.) § 5310. Withdrawal from bond of articles for repair of vessels—J. Subsection 6. All articles of foreign production needed for the repair of naval ves- Sels Of, or other vessels owned or used by, the United States and vessels now or hereafter registered under the laws of the United States may be withdrawn from bonded warehouses free of duty, under such regula- tions as the Secretary of the Treasury may prescribe. (Oct. 3, 1913, c. 16, § IV, J, subsec. 6, 38 Stat. 196.) § 5311. Discount on duties on goods imported in United States vessels—J. Subsection 7. A dis- Count of 5 per centum on all duties imposed by this Act shall be allowed on such goods, wares, and mer- Chandise as shall be imported in vessels admitted to registration under the laws of the United States: Provided, That nothing in this subsection shall be so | Construed as to abrogate or in any manner impair or affect the provisions of any treaty concluded between the United States and any foreign nation. (Oct. 3, 1913, c. 16, § IV, J, Subsec. 7, 38. Stat. 196.) § 5312. Admission free of merchandise from vessels sunk and abandoned—L. Whenever any ves- sel laden with merchandise, in whole or in part sub- ject to duty, has been sunk in any river, harbor, bay, Or Waters Subject to the jurisdiction of the United States, and within its limits, for the period of two years, and is abandoned by the owner thereof, any perSon who may raise Such vessel shall be permit- ted to bring any merchandise recovered therefrom into the port nearest to the place where such vessel was SO raised free from the payment. Of any duty there- upon, but under such regulations as the Secretary of the Treasury may prescribe. (Oct. 3, 1913, c. 16, § IV, L, 38 Stat. 197.) - § 5313. Duty on articles reimported after ex- portation free of internal revenue tax—P. Upon the reimportation of articles Once exported, of the growth, product, or manufacture of the United States, upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, Col- lected, and paid a duty equal to the tax imposed by the internal-revenue laws upon such articles, except arti- cles manufactured in bonded Warehouses and export- ed pursuant to law, which shall be subject to the same rate of duty as if originally imported, but proof of the identity of such articles shall be made under gen- eral regulations to be prescribed by the Secretary of the Treasury. (Oct. 3, 1913, c. 16, § IV, P, 38 Stat. 201.) § 5314. Duties imposed by act applicable to previous imports riot entered or entered without payment of duty and under bond—Q. On and after the day when this Act shall go into effect all goods, wares, and merchandise previously imported, for which no entry has been made, and all goods, Wares, and merchandise previously entered without payment of duty and under bond for warehousing, transporta- tion, or any other purpose, for which no permit of de- livery to the importer or his agent has been issued, shall be subjected to the duties imposed by this Act and to no other duty, upon the entry or the withdraw- al thereof: Provided, That when duties are based upon the weight of merchandise deposited in any pub- lic or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchan- dise at the time of its entry. (Oct. 3, 1913, c. 16, § IV, Q, 38 Stat. 201.) § 5315. President to ascertain amount of im- ports and exports and cause estimate of amount of domestic production and consumption and ad- wise Congress—R. The President shall cause to be ascertained each year; the amount of imports and ex- ports of the articles enumerated in the various para- graphs in section one of this Act and cause an esti- mate to be made of the amount Of the domestic pro- duction and COnsumption of Said articles, and where it is a SCCAttained that the imports under any para- graph amount to less than 5 per centum of the dOmeS- tic consumption of the articles enumerated he shall advise the Congress as to the facts and his conclusions by special message, if deemed important in the public interest. (Oct. 3, 1913, c. 16, § IV, R, 38 Stat. 201.) § 5316. Repeal of Acts—S. Except as hereinaft- er provided, sections one to forty-two both inclusive, of an Act entitled “An Act to provide revenue, equal- ize duties, and encourage the industries of the Unit- ed States, and for other purposes,” approved August fifth, nineteen hundred and nine, and all Acts and parts of Acts inconsistent with the provisions Of this Act, are hereby repealed : Provided, That noth- ing in this Act shall be construed to permit any Oaths to be demanded or fees to be charged except as pro- vided in this Act or in Section twenty-eight hundred Ch. A) 3 5322 DUTIES UPON IMPORTS [Page S411 and sixty-two of the Revised Statutes of the United States, nor to repeal or in any manner affect the fol- lowing numbered sections of the aforesaid Act ap- proved August fifth, nineteen hundred and nine, viz.: Subsection twenty-nine of section twenty-eight and Subsequent laws and amendments relating to the eS- tablishment and continuance of a Customs Court, subsection thirty of section twenty-eight, providing for additional attorneys, subsection twelve of section twenty-eight and subsequent provisions establishing a Board of General Appraisers of merchandise, Sec- tions thirty, thirty-one, thirty-two, thirty-three, and thirty-five, imposing an internal revenue tax upon to- bacco, section thirty-six, providing for a tonnage duty, section thirty-nine, authorizing the Secretary of the Treasury to borrow on the credit of the United States to defray expenditures on account of the Panama Ca- nal, section forty, authorizing the Secretary of the Treasury to borrow to meet public expenditures: Pro- Vided further, That all excise taxes upon Corporations imposed by section thirty-eight, that have accrued Or have been imposed for the year ending December thirty-first, nineteen hundred and twelve, shall be re- turned, assessed, and collected in the same manner, and under the same provisions, liens, and penalties as if Section thirty-eight continued in full force and effect: And provided further, That a special excise. tax with respect to the carrying on or doing of busi-. neSS, equivalent to 1 per centum upon their entire net income, shall be levied, assessed, and collected upon COrpOrations, joint stock companies or associations, and insurance companies, of the character described in section thirty-eight of the Act of August fifth, nineteen hundred and nine, for the period from Jan- uary first to February twenty-eighth, nineteen hun- dred and thirteen, both dates inclusive, which said tax shall be computed upon One-sixth of the entire net income of Said Corporations, joint Stock Companies Or associations, and insurance COmpanies, for Said year, Said net income to be ascertained in a CCOrd- ance with the provisions Of Subsection G. Of Section two of this Act: Provided further, That the provi- sions of said section thirty-eight of the Act of Au- gust fifth, nineteen hundred and nine, relative to the Collection of the tax therein imposed shall remain in force for the Collection of the excise tax herein provided, but for the year nineteen hundred and thir- teen it shall not be necessary to make more than One return and assessment for all the taxes imposed here- in upon said corporations, joint stock companies Ol' asSociations, and insurance COmpanies, either by Way of income or excise, which return and assessment shall be made at the times and in the manner pro- vided in this Act ; but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing Or a CCrued, or any suit or proceeding had or commenced in any Civil case before the said repeal or modification ; but all rights and liabilities under Said laws shall Con- tinue and may be enforced in the same manner as if said repeal or modifications had not been made. Any Offenses Committed and all penalties Or forfeitures Or liabilities incurred prior to the passage of this Act under any statute embraced in or changed, modified, or repealed by this Act may be prosecuted or punish- ed in the same manner and With the same effect as if this Act had not been passed. NO Acts Of limitation now in force, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in or modified, changed, or repealed by this Act shall be affected thereby so far as they affect any Suits, pro- ceedings, or prosecutions, whether civil Or Criminal, for causes arising or acts done or Committed prior to the passage of this Act, which may be commenced and prosecuted within the same time and With the same effect as if this Act had not been passed. (Oct. 3, 1913, c. 16, § IV, S, 38 Stat. 201.) | § 5317. Effect of invalidity of part of act on remainder thereof—T. If any clause, Sentence, para- graph, or part of this Act shall for any reason be ad- judged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, Or in- validate the remainder of said Act, but shall be Con- fined in its operation to the Clause, Sentence, para- graph, or part thereof directly involved in the Con- troversy in which such judgment shall have been ren- dered. (Oct. 3, 1913, c. 16, § IV, T, 38 Stat. 202.) § 5318. Time of taking effect of act—U. Unless otherwise herein specially provided, this Act shall take effect on the day following its passage. (Oct. 3, 1913, c. 16, § IV, U, 38 Stat. 202.) § 5319. Suspension of imports from countries making discriminations—Whenever the President Shall be satisfied that unjust discriminations are made by or under the authority Of any foreign state against the importation to or sale in such foreign state of any product of the United States, he may direct that Such products of such foreign state so discriminating against any product of the United States as he may deem proper shall be excluded from importation to the United States; and in such case he shall make proclamation of his direction in the premises, and therein name the time when such direction against importation shall take effect, and after such date the importation of the articles named in such proc- lamation shall be unlawful. The President may at any time revoke, modify, terminate, or renew any Such direction as, in his Opinion, the public interest may require. (Aug. 30, 1890, c. 839, § 5, 26 Stat. 415.) § 5320. Grain brought from Canada, to be ground Ilot subject to duty—Grain brought into the United States in wagons or other ordinary road ve- hicles, by farmers residing in the Dominion of Can- ada, to be ground by mills owned by citizens of the United States, shall not be deemed to be imported or liable to import duties; Provided, That such grain Shall be brought into the United States under such regulations as the Treasury Department may pre- Scribe to prevent fraud and evasion, and shall be re- turned as in like manner provided by Such regula- tions: And provided further, That entry shall be made of and duties paid upon all such grain as shall be taken or received by mill-owners as tolls for such grinding, under like regulations provided by the Treas- ury Department. (Jan. 9, 1883, c. 17, 22 Stat. 402.) § 5321. Return free of live-stock exported for exhibition—Whenever any article or articles or live . Stock shall be sent Out Of the United States for tem- porary use or exhibition at any public exposition, fair, Or Conference, held in a foreign country, such arti- Cles Shall be entitled to be returned to the United States, under such regulations as may be prescribed by the Secretary of the Treasury, without the pay- ment Of Customs duty, whether they shall be of do- mestic or of foreign production : Provided, That the articles of foreign production have once paid duty in the United States and no drawback has been al- lowed thereon, and if any domestic articles are sub- ject to internal-revenue tax, such tax shall be proved to have been paid before exportation and not re- funded. (May 18, 1896, c. 195, 29 Stat. 122.) § 5322. Saxme; animals taken abroad with circus or menagerie—The Act entitled “An Act to allow the return free of duty of certain articles ex- ported from the United States for exhibition pur- poses,” approved May eighteenth, eighteen hundred and ninety-six, is hereby amended SO as to include in the privilege Of free entry conferred thereby wild and Other animals of foreign Origin taken abroad temporarily for exhibition in connection with any circus or menagerie, subject, however, to the con- ditions and limitations prescribed in said Act : Pro- vided, however, That the provision of this amendment shall apply only in such cases as those of foreign- born animals taken abroad, and inventories of Which 3 5322 (Tit. 33 DUTIES UPON IMPORTS are filed prior to their leaving the country with the Collector of customs at the port of their departure. (March 3, 1899, c. 454, 30 Stat. 1372.) See § 5321. - § 5323. Imports and entry of persons from Panama Canal Zone—All laws affecting imports of articles, goods, wares, and merchandise and entry of persons into the United States from foreign coun- tries shall apply to articles, goods, wares, and mer- Chandise and persons coming from the Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the District of Columbia. (March 2, 1905, c. 1311, 33 Stat. 843.) - § 5324. Products of Cuba.; reduction of du- ties on—Whenever the President of the United States Shall receive satisfactory evidence that the Republic of Cuba has made provision to give full effect to the articles Of the convention between the United States and the Republic of Cuba, signed on the eleventh day Of December, in the year nineteen hundred and two, he is hereby authorized to issue his proclamation de- Claring that he has received such evidence, and there- upon on the tenth day after exchange of ratifications of such convention between the United States and the Republic of Cuba, and so long as the said Convention shall remain in force, all articles of merchandise be- ing the product of the soil or industry of the Re- public of Cuba, which are now imported into the United States free of duty, shall continue to be SO admitted free of duty, merchandise being the product Of the soil. Or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of tWenty per centum of the rates of duty thereon, as provided by the tariff Act of the United States, approved July twenty-fourth, eighteen hundred and ninety-seven, Or as may be provided by any tariff law of the United States subsequently enacted. The rates of duty here- in granted by the United States to the Republic Of Cuba are and shall continue during the term. Of Said convention preferential in respect to all like imports from other countries: Provided, That while said con- vention is in force no sugar imported from the Re- public of Cuba, and being the product of the soil or industry of the Republic of Cuba, shall be admitted into the United States at a reduction of duty greater than twenty per centum of the rates of duty thereon, as provided by the tariff Act of the United States, approved July twenty-fourth, eighteen hundred and ninety-seven, and no sugar the product Of any other foreign country shall be admitted by treaty or con- vention into the United States while this convention is in force at a lower rate of duty than that provided by the tariff Act of the United States approved July twenty-fourth, eighteen hundred and ninety-seven : And provided further, That nothing herein contained shall be held or construed as an admission on the part of the House of Representatives that customs duties can be changed otherwise than by an Act of Congress, originating in said House. (Dec. 17, 1903, C. 1, § 1, 33 Stat. 3.) - - § 5325. Same; no additional charges on; equal treatment of imports—So long as said convention Shall remain in force, the laws and regulations adopt- ed, or that may be adopted by the United States to protect the revenues and prevent fraud in the dec- larations and proofs, that the articles of merchall- dise to which said Convention may apply are the product or manufacture of the Republic of Cuba, shall not impose any additional charge Or fees there- for on the articles imported, excepting the consular fees established, or which may be established, by the United States for issuing shipping documents, which fees shall not be higher than those charged On the shipments of similar merchandise from any Other nation whatsoever ; that articles Of the Re- public of Cuba shall receive, on their importation into the ports of the United States, treatment equal to that which similar articles of the United States. [Page 842I and all Other articles Of . shall receive On their importation into the ports Of the Republic of Cuba; that any tax or charge that may be imposed by the national or local au- thorities of the United States upon the articles of mer- chandise of the Republic of Cuba, embraced in the provisions of said Convention, Subsequent to importa- tion and prior to their entering into consumption into the United States, shall be imposed and collected Without discrimination upon like articles whensoever imported. (Dec. 17, 1903, c. 1, § 2, 33 Stat. 4.) § 5326. Reciprocity with Canada—There shall be levied, collected, and paid upon the articles here- inafter enumerated, the growth, product or manufac- ture of the Dominion of Canada, when imported there- from into the United States or any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), in lieu of the duties now levied, collected, and paid, the following duties, namely: Fresh meats: Beef, veal, mutton, lamb, pork, and all. Other fresh Or refrigerated meats excepting game, One and one-fourth cents per pound. Bacon and hams, not in tins or jars, one and, one- fourth cents per pound. - Meats of all kinds, dried, smoked, salted, in brine, Or prepared Or preserved in any manner, not other- wise herein provided for, One and one-fourth cents per pound. Canned meats and canned poultry, twenty per centum ad valorem. Extract of meat, fluid or not, twenty per Centum ad Valorem. - Lard and Compounds thereof, Cottolene and Cotton Stearine, and animal Stearine, One and One-fourth CentS per pound. - Tallow, forty cents per one hundred pounds. Egg yolk, egg albumen, and blood albumen, seven and One-half per Centum ad Valorem. Fish (except shellfish) by whatever name known, packed in oil, in tin boxes or cans, including the weight of the package: (a) when weighing over twen- ty ounces and not over thirty-six ounces each, five cents per package; (b) when weighing over twelve Ounces and not Over twenty Ounces each, four cents per package; (C) when weighing twelve Ounces each Or less, two Cents per package; (d) when weighing thirty-six ounces each or more, or when packed in oil, in bottles, jars, or kegs, thirty per centum ad Valorem. Tomatoes and other vegetables, including corn, in cans or other air-tight packages, and including the weight of the package, one and one-fourth cents per pound. Wheat flour and semolina, and rye flour, fifty cents per barrel of one hundred and ninety-six pounds. Oatmeal and rolled Oats, including the weight of paper covering, fifty cents per one hundred pounds. Corn meal, twelve and one-half cents per one hundred pounds. - Barley malt, forty-five cents per One hundred pounds. Barley, pot, pearled, or patent, one-half cent per pound. - - Buckwheat flour or meal, one-half cent per pound. Split peas, dried, seven and one-half cents per bushel Of sixty pounds. Prepared cereal foods, not otherwise provided for herein, seventeen and one-half per centum ad Valorem. Bran, middlings, and other offals of grain used for animal food, twelve and one-half cents per one hundred pounds. Macaroni and vermicelli, one cent per pound. Biscuits, wafers, and Cakes, when sweetened with sugar, honey, molasses, or other material, twenty-five per centum ad valorem. Biscuits, wafers, cakes, and other baked articles, composed in whole or in part of eggs or any kind of flour or meal, when combined with Chocolate, nuts, fruits, or confectionery; also candied peel, candied popcorn, candied nuts, candied fruits, Sugar Candy, Ch. A) 3 5326 DUTIES UPON IMPORTS [Page 8431 and confectionery of all kinds, thirty-two and One- half per centum ad valorem. Maple sugar and maple sirup, one cent per pound. Pickles, including pickled nuts, sauces of all kinds, and fish paste or sauce, thirty-two and One-half per centum ad Valorem. Cherry juice and prune juice, or prune wine, and other fruit juices and fruit sirup, nonalcoholic, Sev- enteen and one-half per centum ad Valorem. Mineral waters and imitations of natural mineral waters, in bottles or jugs, seventeen and One-half per centum ad valorem. Essential oils, seven and one-half per centum ad ValOrem. Grapevines; gooseberry, raspberry, and Current bushes, seventeen and one-half per centum ad Va- lorem. Farm wagons and finished parts thereof, twenty- two and one-half per centum ad Valorem. Plows, tooth and disk harrows, harvesters, reapers, agricultural drills and planters, mowers, horserakes, cultivators; threshing machines, including windstack- ers, baggers, weighers, and self-feeders therefor and finished parts thereof imported for repair of the foregoing, fifteen per centum ad Valorem. Portable engines with boilers, in combination, horse- power and traction engines for farm purposes; hay loaders, potato diggers, fodder or feed cutters, grain crushers, fanning mills, hay tedders, farm or field rollers, manure spreaders, weeders, and Windmills, and finished parts thereof imported for repair of the foregoing, except shafting twenty per centum ad Va- 101'elm. - - Grindstones of Sandstone, not mounted, finished Or not, five cents per one hundred pounds. Freestone, granite, sandstone, limestone, and all other monumental or building stone, except marble, breccia, and Onyx, unmanufactured or not dressed, hewn, or polished, twelve and one-half per centum ad Valorem. ROOfing Slates, square feet. Vitrified paving blocks, not ornamented or decorat- ed in any manner, and paving blocks of stone, seven- teen and One-half per Centum ad Valorem. Oxide of iron, as a color, twenty-two and one-half per Centum ad Valorem. - Asbestos, further manufactured than ground; manu- factures of asbestos or articles of which asbestos is the Component material of Chief value, including WOven fabrics, Wholly or in Chief value of asbestos, twenty-two and One-half per Centum ad valorem. Printing ink, Seventeen and one-half per centum ad Valorem. Cutlery, plated Or not—pocketknives, penknives, Scissors and shears, knives and forks for household purposes, and table Steels, twenty-seven and One-half per Centum ad valorem. Bells and gongs, brass corners and rules for print- ers, twenty-Seven and one-half per centum ad Valorem. Basins, urinals, and other plumbing fixtures, for bathrooms and lavatories; bathtubs, sinks, and laun- dry tubs of earthenware, stone, cement, or clay, or of other material, thirty-two and one-half per centum ad Valorem. BraSS band instruments, twenty-two and one-half per Centum ad Valorem. . Clocks, watches, time recorders, clock and watch keys, Clock Cases, and clock movements, twenty-seven and One-half per Centum ad Valorem. Printers’ wooden cases and cabinets for holding type, twenty-Seven and one-half per centum ad va- lorem. - Wood flour, twenty-two and one-half per centum ad valorem. Canoes and small boats of wood, not power boats, tWenty-two and One-half per centum ad Valorem. Feathers, crude, not dressed, colored, or otherwise \ fifty-five cents per One hundred manufactured, twelve and one-half per centum ad Válorem. Antiseptic surgical dressings, such as absorbent cotton, cotton wool, lint, lamb’s wool, tow, jute, gauzes, and oakum, prepared for use as Surgical dress- ings, plain or medicated; surgical trusses, pessaries, and suspensory bandages of all kinds, Seventeen and One-half per Centum ad Valorem. Plate glass, not beveled, in sheets or panes exceed- ing seven square feet each and not exceeding twenty- five square feet each, twenty-five per centum ad Valorem. - Motor vehicles, other than for railways and tram- ways, and automobiles and parts thereof, not includ- ing rubber tires, thirty per centum ad Valorem. Iron or steel digesters for the manufacture of Wood pulp, twenty-seven and One-half per centum ad Va- lorem. Musical instrument cases, fancy cases or boxes, portfolios, satchels, reticules, card cases, purses, pock- etbooks, fly books for artificial flies, all the foregoing composed wholly or in chief value of leather, thirty per centum ad Valorem. Aluminum in crude form, five cents per pound. Aluminum in plates, sheets, bars, and rods, eight Cents per pound. Laths, ten cents per one thousand pieces. 'Shingles, thirty cents per thousand. Sawed boards, planks, deals, and other lumber, planed Or finished On one side, fifty Cents per thou- sand feet, board measure; planed or finished on one side and tongued and grooved, or planed or finished on two sides, seventy-five cents per thousand feet, board measure; planed or finished. On three sides, Or planed and finished on two sides and tongued and grooved, one dollar and twelve and one-half cents per thousand feet, board measure; planed and finished on four sides, one dollar and fifty cents per thousand feet, board measure; and in estimating board meas- ure under this schedule no deduction shall be made On board measure On a CCOunt Of planing, tonguing, and grooving. Iron Ore, including manganiferous iron Ore, and the dross or residuum from burnt pyrites, ten cents per ton: Provided, That in levying and collecting the duty On iron Ore no deduction shall be made from the weight of the ore on account of moisture which may be chemically or physically combined therewith. Coal slack or culm of all kinds, such as will pass through a half-inch screen, fifteen cents per ton. Provided, That the duties above enumerated shall take effect whenever the President of the United States shall have satisfactory evidence and shall make proclamation that On the articles hereinafter enumerated, the growth, product, or manufacture of the United States, Or any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), when imported therefrom into the Dominion of Canada, duties not in excess of the following are imposed, namely: Fresh meats: Beef, veal, mutton, lamb, pork, and all other fresh or refrigerated meats excepting game, One and One-fourth Cents per pound. Bacon and hams, not in tins Or jars, one and one- fourth cents per pound. Meats of all kinds, dried, Smoked, salted, in brine; or prepared or preserved in any manner, not other- wise herein provided for, One and one-fourth cents per pound. Canned meats and Canned poultry, centum ad Valorem. w Extract of meat, fluid or not, twenty per centum ad Valorem. Lard, and compounds thereof, Cottolene and cotton Stearin, and animal Stearin, One and One-fourth cents per pound. Tallow, forty Cents per One hundred pounds. Egg yolk, egg albumen, and blood albumen, Seven and one-half per centum ad valorem. twenty per 3 5326 (Tit. 33 DUTIES UPON IMPORTS [Page S44] Fish (except shellfish), by whatever name knoyn, packed in oil, in tin boxes or cans, including the Weight of the package: (a) when weighing over twenty Ounces and not over thirty-six ounces each, five cents per package; (b) when weighing over twelve Ounces and not Over twenty Ounces each, four cents per package; (c) when weighing twelve Ounces each Or less, two cents per package; (d) when weighing thirty-six ounces each or more, or when packed in Oil, in bottles, jars, or kegs, thirty per centum ad Valorem. Tomatoes and other vegetables, including corn, in cans or other air-tight packages, and including the Weight of the package, one and one-fourth cents per pound. Wheat flour and semolina; and rye flour, fifty cents per barrel of one hundred and ninety-six pounds. Oatmeal and rolled oats, including the weight of paper covering, fifty cents per one hundred pounds. Corn meal, twelve and one-half cents per one hun- dred poundS. Barley malt, forty-five cents per one hundred poundS. Barley, pot, pearled, or patent, one-half cent per pound. - Buckwheat flour or meal, one-half cent per pound. Split peas, dried, seven and one-half cents per bush- el of sixty pounds. Prepared cereal foods, not otherwise provided for herein, Seventeen and One-half per centum ad Valorem. Bran, middlings, and other offals of grain used for animal food twelve and one-half cents per One hun- dred poundS. - Macaroni and Vermicelli, one cent per pound. Biscuits, wafers, and cakes, when sweetened with Sugar, honey, molasses, or Other material, twenty-five per centum ad valorem. Biscuits, wafers, cakes, and other baked articles, composed in whole or in part of eggs Or any kind Of fiOur Or meal, When Combined With chocolate, nuts, fruits, or confectionery; also candied peel, candied popcorn, candied nuts, candied fruits, Sugar Candy, and confectionery of all kinds, thirty-two and One- half per centum ad Valorem. Maple Sugar and maple sirup, One Cent per pound. Pickles, including pickled nuts, sauces of all kinds, and fish paste or sauce, thirty-two and one-half per Centum ad Valorem. Cherry juice and prune juice, or prune wine, and other fruit juices, and fruit sirup, nonalcoholic, sev- enteen and One-half per centum ad valorem. Mineral waters and imitations of natural mineral waters, in bottles Or jugs, Seventeen and One-half per Centum ad Valoren. Essential oils, Seven and one-half per centum ad Valorem. Grapevines; gooseberry, raspberry, and currant bushes, Seventeen and One-half per centum ad Valorem. Farm Wagons, and finished parts thereof, twenty- two and one-half per Centum ad valorem. Plows, tooth and disk harrows, harvesters, reapers, agricultural drills and planters, mowers, horserakes, cultivators; thrashing machines, including windstack- ers, baggers, Weighers, and self-feeders therefor, and finished parts thereof imported for repair of the fore- going, fifteen per Centum ad valorem. - Portable engines with boilers, in Combination, horse- power and traction engines, for farm purposes; hay loaders, potato diggers, fodder or feed cutters, grain Crushers, fanning mills, hay tedders, farm or field rollers, manure spreaders, weeders, and windmills, and finished parts thereof imported for repair of the foregoing, except shafting, twenty per Centum ad va- IOrem. Grindstones of Sandstone, not mounted, finished Or not, five cents per one hundred pounds. Freestone, granite, Sandstone, limestone, and all other monumental or building stone, except marble, breccia, and onyx, unmanufactured or not dressed, hewn or polished, twelve and one-half per centum ad Valorem. - ROOfing slates, Square feet. Vitrified paving blocks, not ornamented or deco- rated in any manner, and paving blocks of stone, Sev- enteen and one-half per centum ad valorem. Oxide of iron, as a color, twenty-two and one-half per Centum ad Valorem. * - Asbestos further manufactured than ground: Man- ufactures of asbestos, or articles of which asbestos is the Component material of chief value, including wov- en fabrics wholly or in chief value of asbestos, twen- ty-two and one-half per centum ad valorem. Printing ink, seventeen and one-half per centum ad Valorem. Cutlery, plated or not: Pocketknives, penknives, SciSSOrs and shears, knives and forks for household purposes, and table steels, twenty-Seven and one-half per centum ad Valorem. Bells and gongs, brass corners and rules for print- ers, twenty-seven and one-half per centum ad valorem. Basins, urinals, and other plumbing fixtures for bathrooms and lavatories; bathtubs, sinks, and laundry tubs, of earthenware, stone, cement, or clay, or of other material, thirty-two and one-half per Centum ad Valorem. Brass band instruments, twenty-two and one-half per Centum ad Valorem. - Clocks, watches, time recorders, clock and watch keys, clock cases and Clock movements, twenty-seven and One-half per centum ad Valorem. Printers’ wooden cases and cabinets for holding type, twenty-Seven and One-half per Centum ad Va- lorem. Wood flour, twenty-two and one-half per centum ad fifty-five cents per one hundred Valorem. Canoes and small boats of wood, not power boats, twenty-two and one-half per centum ad valorem. Feathers, Crude, not dressed, Colored or otherwise Imanufactured, twelve and One-half per centum ad Valorem. Antiseptic Surgical dressings, such as absorbent cot- ton, Cotton WOOl, lint, lamb’s wool, tow, jute, gauzes, and Oakum, prepared for use as Surgical dressings, plain or medicated ; surgical trusses, pessaries, and Suspensory bandages of all kinds, seventeen and One- half per centum ad Valorem. Plate glass, not beveled, in sheets or panes exceed- ing seven Square feet each, and not exceeding twenty- five square feet each, twenty-five per centum ad va- lorem. - Motor vehicles, other than for railways and tram- Ways, and automobiles, and parts thereof, not in- cluding rubber tires, thirty per centum ad valorem. Iron or steel digesters for the manufacture of wood pulp, twenty-seven and one-half per centum ad Val Orem. Musical instrument cases, fancy cases or boxes, portfolios, satchels, reticules, card cases, purses, pocketbooks, fly books for artificial flies; , all the foregoing composed wholly or in chief value of leather, thirty per centum ad valorem. Cement, Portland, and hydraulic or water lime in barrels, bags, Or casks, the weight of the package to be included in the weight for duty, eleven cents per one hundred pounds. Trees: Apple, Cherry, peach, pear, plum, and Quince, of all kinds, and small peach trees known as June buds, two and One-half CentS each. Condensed milk, the weight of the package to be included in the weight for duty, two cents per pound. Biscuits without added sweetening, twenty per Centum ad Valorem. Fruits in air-tight cans or other air-tight packages, the weight Of the cans or other packages to be in- cluded in the weight for duty, two cents per pound. Peanuts, shelled, one Cent per pound. Peanuts, unshelled, one-half cent per pound. Coal, bituminous, round and run of mine, including y Ch. A) 3 5326 DUTIES UPON IMPORTS [Page 845I bituminous coal such as will not pass through a three- quarter inch screen, forty-five cents per ton. That the articles mentioned in the following para- graphs, the growth, product, or manufacture of the Dominion of Canada, when imported therefrom into the United States or any of its possessions (except the Philippine Islands and the Islands of Guam and Tutuila), shall be exempt from duty, namely: Live animals: Cattle, horses and mules, SWine, sheep, lambs, and all other live animals. Poultry, dead or alive. Wheat, rye, oats, barley, and buckwheat, dried peas and beans, edible. COrn, Sweet COrn, Or maize. Hay, Straw, and COWI)eas. Fresh vegetables: Potatoes, sweet potatoes, yams, turnips, onions, cabbages, and all other vegetables in their natural State. Fresh fruits: Apples, pears, peaches, grapes, ber- ries, and all other edible fruits in their natural state, except lemons, Oranges, limes, grapefruit, Shaddocks, polmelos, and pineapples. Dried fruits: Apples, peaches, pears, and apricots, dried, desiccated Or evaporated. Dairy products: Butter, cheese, and fresh milk and cream: Provided, That cans actually used in the transportation of milk or cream may be passed back and forth between the two Countries free of duty, un- der such regulations as the respective Governments may prescribe. Eggs of barnyard fowl, in the shell. HOney. - Cottonseed oil. Seeds: Flaxseed or linseed, cotton seed, and other oil seeds; grass seed, including timothy and ClOver seed; garden, field, and other seed not herein other- wise provided for, when in packages weighing over One pound each (not including flower seeds). Fish of all kinds, fresh, frozen, packed in ice, Salt- ed, or preserved in any form, except Sardines and Other fish preserved in Oil ; and shellfish Of all kinds, including Oysters, lobsters, and clams in any state, fresh Or packed, and COverings of the foregoing. Seal, herring, whale, and other fish oil, including sod Oil: Provided, That fish oil, whale oil, seal oil, and fish of all kinds, being the product of fisheries carried on by the fishermen of the United States, Shall be admitted into Canada as the product Of the United States, and, Similarly, that fish oil, whale Oil, Seal Oil, and fish of all kinds, being the product of fisher- ies carried on by the fishermen of Canada, shall be admitted into the United States as the product of Canada. Salt. Mineral waters, natural, not in bottles or jugs. Timber, hewn, sided or squared Otherwise than by sawing, and round timber used for spars Or in build- ing wharves. + Sawed boards, planks, deals, and other lumber, not further manufactured than sawed. Paving posts, railroad ties, and telephone, trolley, electric-light, and telegraph poles of Cedar or other WOOdS. Wooden Staves of all kinds, not further manufactur- ed than listed Or jointed, and Stave boltS. Pickets and palingS. Plaster rock, or gypsum, Crude, not ground. Mica, unmanufactured or rough trimmed only, and mica, ground or bolted. Feldspar, crude, powdered or ground. Asbestos, not further manufactured than ground. Fluorspar, Crude, not ground. Glycerine, crude, not purified. Talc, ground, bolted, or precipitated, naturally or artificially, not for toilet use. Sulphate of soda, or salt cake, and Soda ash. R}xtracts of hemlock bark. Carbon electrodes. Brass in bars and rods, in coil or otherwise, not less than six feet in length, or brass in strips, sheets, Or plates, not polished, planished, Or Coated. Cream separators of every description, and parts thereof imported for repair of the foregoing. Rolled iron or steel sheets, or plates, number four- teen gauge Or thinner, galvanized Or Coated With Zinc, tin, Or other metal, or not. Crucible Cast-steel Wire, Valued at not less than six Cents per pound. Galvanized iron or steel wire, curved or not, num- bers nine, twelve, and thirteen wire gauge. Typecasting and typesetting machines and parts thereof, adapted for use in printing offices. Barbed fencing Wire of iron or steel, galvanized or not. --- Coke. Rolled round wire rods in the coil, of iron or steel, not Over three-eighths of an inch in diameter, and not Smaller than number six wire gauge. Provided, "That the articles above enumerated, the . growth, product, or manufacture of the Dominion of Canada, shall be exempt from duty when the Presi- dent of the United States shall have Satisfactory evi- dence and shall make proclamation that the following articles, the growth, product, or manufacture of the United States Or any of its possessions (except the Philippine Islands and the Islands of Guam and Tutui- Ia), are admitted into the Dominion of Canada free of duty, namely: Live animals: Cattle, horses and mules, Swine, Sheep, lambs, and all other live animals. Poultry, dead or alive. Wheat, rye, oats, barley, and buckwheat; dried peas and beans, edible. Corn, Sweet corn, or maize (except into Canada for distillation). Hay, Straw, and Cowpeas. I'resh vegetables: Potatoes, sweet potatoes, yams, turnips, Onions, cabbages, and all other vegetables in their natural State. Fresh fruits: Apples, pears, peaches, grapes, ber- ries, and all Other edible fruits in their natural State. Dried fruits: Apples, peaches, pears, and apricots, dried, desiccated, or evaporated. Dairy products: Butter, cheese, and fresh milk and cream: Provided, That cans actually used in the trans- portation of milk or Cream may be passed back and forth between the two countries free of duty, under such regulations as the respective Governments may prescribe. Eggs of barnyard fowl, in the shell. HOney. CottonSeed Oil. Seeds: Flaxseed or linseed, cotton seed, and other oil seeds; grass seed, including timothy and Clover seed; garden, field, and other seed not herein other- wise provided for, when in packages weighing over One pound each (not including flower Seeds). Fish of all kinds, fresh, frozen, packed in ice, Salt- ed or preserved in any form except Sardines and other fish preserved in oil; and shellfish of all kinds, in- cluding oysters, lobsters, and clams in any state, fresh or packed, and coverings of the foregoing. Seal, herring, whale, and other fish oil, including sod oil: Provided, That fish oil, whale Oil, Seal Oil, and fish of all kinds, being the product of fisheries carried on by the fishermen of the United States, Shall be admitted into Canada as the product of the United States, and similarly that fish oil, whāle oil, Seal oil, and fish of all kinds, being the product of fisheries Car- ried on by the fishermen of Canada, shall be admitted into the United States as the product of Canada. Salt. Mineral waters, natural, not in bottles Or jugs. Timber, hewn, sided or squared otherwise than by sawing, and round timber used for spars or in build- ing wharves. 3 5326 (Tit. 33 DUTIES UPON IMPORTS IPage, 846] Sawed boards, planks, deals, and other lumber, not further manufactured than sawed. - Paving posts, railroad ties, and telephone, trolley, electric light, and telegraph poles of Cedar or other WOOdS. - Wooden staves of all kinds, not further manufactur- ed than listed or jointed, and Stave bolts. . Pickets and palings. - - Plaster rock or gypsum, crude, not ground. * Mica, unmanufactured or rough trimmed only, and mica, ground Or bolted. - Feldspar, crude, powdered or ground. Asbestos not further manufactured than ground. Iſluorspar, crude, not ground. * * Glycerine, Crude, not purified. Talc, ground, bolted or precipitated, naturally Or ar- tificially, not for toilet use. Sulphate of soda, or salt cake, and soda ash. , , , , Extracts of hemlock bark. - º Carbon electrodes. n - Brass in bars and rods, in coil or otherwise, not less than six feet in length, or brass in strips, sheets, or plates, not polished, planished, or COated. Cream separators of every description, and parts thereof imported for repair of the foregoing. Rolled iron or steel sheets or plates, number four- teen gauge or thinner, galvanized or Coated with Zinc, tin, or other metal, or not. Crucible cast-steel wire, valued at not less than Six Cents per pound. - Galvanized iron or Steel wire, Curved or not, num- bers nine, twelve and thirteen wire gauge. Typecasting and typesetting machines and parts thereof, adapted for use in printing Offices. Barbed fencing wire of iron or steel, galvanized Or not. - Coke. rt - - Rolled round wire rods in the coil, of iron or steel, not over three-eighths of an inch in diameter, and not smaller than number six wire gauge. (July 26, 1911, c. 3, § 1, 37 Stat. 4.) This section, not having been ratified by Canada, must therefore, for the present, at least, be regarded as not op- erative. Chapter B–The Tariff Commission Sec. - 5326a. Creation and establishment; organization. 5326b. Compensation of commissioners and employés; civil service rules; expenditures; principal office. 5326c. Investigations as to customs. 5326d. Information to President and Congress. 5326e. Investigating tariff relations with foreign countries. 5326ſ. Cost of Production Division of Commerce Department - transferred to. 5326g. Documents and copies for investigations; testimony; compelling production of books or papers. 5326h. Acting in co-operation with other departments. 5326i. Members not to divulge information; investigation of Paris Economy Pact and other organizations. 5326j. Continuing appropriation. § 5326a. Creatiori and establishment; organ- #zation—A commission is hereby Created and estab- lished, to be known as the United States Tariff Com- mission (hereinafter in this title referred to as the commission), which shall be composed of six members, who shall be appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall be members of the same political party. In making said appointments members of different political parties shall alternate as nearly as may be practicable. The first members appointed shall continue in office for terms of two, four, six, eight, ten, and twelve years, respectively, from the date of the passage of this Act, the term of each to be designated by the President, but their Succes- SOTS Shall be appointed for terms of twelve years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate annually the chairman and vice chairman of the commission. No member shall engage ac- tively in any other business, function, or employment. Any member may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A Vacancy shall not impair the right of the remain- ing members to exercise all the powers of the com- Imission, but no vacancy shall extend beyond any ses- #. of CongreSS. (Sept. 8, 1916, c. 463, § 700, 39 Stat. See §§ 5326b-5326j, 6371a-6371b. § 5326 b. Compensation of commissioners and employés; civil service rules; expenditures; principal office—Each commissioner shall receive a Salary of $7,500 per year, payable monthly. The COmmission shall appoint a secretary, who shall re- ceive a salary of $5,000 per year, payable in like manner, and it shall have authority to employ and fix the Compensations of such special experts, examiners, Clerks, and other employees as the commission may from time to time find necessary for the proper per- formance of its duties. With the exception of the Secretary, a clerk to each Commissioner, and such special experts as the Commission may from time to time find necessary for the conduct of its, work, all employees of the COmmission shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the Civil-service law. All Of the expenses of the commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their Orders in making any investigation or upon Official business in any other places than at their respective headquarters shall be allowed and paid on the presentation. Of itemized vouchers therefor ap- proved by the COmmission. |Unless otherwise provided by law, the commission may rent suitable offices for its use, and purchase Such furniture, equipment, and Supplies as may be neCeSSary. The principal office of the commission shall be in the city Of Washington, but it may meet and exer- Cise all its powers at any other place. The Commis- Sion may, by One Or more Of its members, or by Such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States or in any foreign country. (Sept. 8, 1916, C. 463, § 701, 39 Stat. 795.) § 5326e. Investigations as to customs—It shall be the duty of said commission to investigate the administration and fiscal and industrial effects of the customs laws Of this country now in force Or Which may be hereafter enacted, the relations be- tween the rates of duty On raw materials and finished Or partly finished products, the effects of ad valorem and Specific duties and of compound specific and ad Valorem duties, all questions relative to the arrange- ment Of Schedules and classification of articles in the Several schedules of the customs law, and, in general, to investigate the Operation of customs laws, includ- ing their relation to the Federal revenues, their effect upon the industries and labor of the country, and to . Submit reports of its investigations as hereafter pro- vided. (Sept. 8, 1916, c. 463, § 702, 39 Stat. 796.) § 5326d. Information to President and Con- gress—The COmmission shall put at the disposal of the President Of the United States, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, whenever requested, all information at its command, and shall make Such investigations and reports as may be re- Quested by the President or by either of Said commit- tees or by either branch of the Congress, and shall report to Congress on the first Monday of December Of each year hereafter a statement Of the methods adopted and all expenses incurred, and a summary of all reports made during the year. (Sept. 8, 1916, c. 463, § 703, 39 Stat. 796.) § 5326e. Investigating tariff relations with foreign countries—The commission shall have pow. Ch. B) 3 5326; DUTIES UPON IMPORTS [Page 847] er to investigate the tariff relations between the Unit- ed States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the Volume Of importations Compared With d0- mestic production and consumption, and conditions, causes, and effects relating to competition of foreign industries with those Of the United States, including dumping and cost of production. (Sept. 8, 1916, c. 463, § 704, 39 Stat. 796.) * § 5326+. Cost of Production Division of Com- merce Department transferred to—Upon the Or- ganization of the commission, the Cost of Produc- tion Division in the Bureau of Foreign and Domestic Commerce in the Department of Commerce shall be transferred to said Commission, and the clerks and employees of said division shall be transferred to and become Clerks and employees Of the Commission, and all records, papers, and property of the said divi- SiOn and Of the former tariff board shall be trans- ferred to and become the records, papers, and proper- ty of the commission. (Sept. 8, 1916, c. 463, § 705, 39 Stat. 796.) See §§ 874, 948. § 5326g. Documents and copies for investiga- tions; testimony; compelling production of books or papers—For the purposes of carrying this title into effect the commission or its duly authorized | agent or agents shall have access to and the right to copy any document, paper, or record, pertinent to the subject matter under investigation, in the possession of any person, firm, copartnership, corporation, Or as- sociation engaged in the production, importation, Or distribution of any article under investigation, and shall have power to summon witnesses, take testimo- ny, administer oaths, and to require any perSOn, firm, copartnership, corporation, or association to produce books or papers relating to any matter pertaining to such investigation. Any member of the Commission may sign subpoenas, and members and agents Of the commission, when authorized by the commission, may administer Oaths and affirmations, examine Witnesses, take testimony, and receive evidence. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place of hearing. And in case of disobedience to a sub- poena the commission may invoke the aid of any dis- trict court of the United States in requiring the at- tendance and testimony of witnesses and the produc- tion of documentary evidence, and such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a sub- poena issued to any corporation or other person, is- sue an order requiring such corporation or other per- son to appear before the commission, or to produce documentary evidence if so ordered, or to give evi- dence touching the matter in question ; and any fail- ure to obey such Order of the court may be punished by Such court as a contempt thereof. - TJpon the application of the Attorney General of the United States, at the request of the commission, any such court shall have jurisdiction to issue writs of mandamus commanding Compliance with the pro- visions Of this title Or any Order Of the Commission Imade in pursuance thereof. The commission may Order testimony to be taken by deposition in any proceeding or investigation pend- ing under this title at any stage of such proceeding or investigation. Such depositions may be taken be- fore any person designated by the Commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person, firm, co- partnership, corporation, or association, may be com- pelled to appear and depose and to produce documen- tary evidence in the same manner as witnesses may be Compelled to appear and testify and produce docu- mentary evidence before the commission, as herein- before provided. Witnesses summoned before, the commission shall 'be paid the same fees and mileage that are paid wit- nesses in the courts of the United States, and wit- neSSes Whose depositions are taken and the persons taking the same, except employees of the commission, Shall Severally be entitled to the same fees and mile- age as are paid for like Services in the Courts Of the United States: Provided, That no person shall be eXcused, on the ground that it may tend to incrimi- nate him or subject him to a penalty or forfeiture, from attending and testifying, or producing books, papers, documents, and other evidence, in obedience. to the Subpoena of the commission ; but no natural perSOn Shall be prosecuted or subjected to any penalty Or forfeiture for or on account of any transaction, matter, Or thing as to which, in obedience to a Sub- poena and under oath, he may so testify or produce evidence, except that no person shall be exempt from prosecution and punishment for perjury committed º testifying. (Sept. 8, 1916, c. 463, § 706, 39 Stat. 797. - § 53261a. Acting in co-operation with other departments—The-said -commission—shall-in-appro- priate matters act in conjunction and Cooperation With the Treasury Department, the Department of Commerce, the Federal Trade Commission, or any Other departments, or independent establishments of the Government, and such departments and independ- ent establishments of the Government shall cooperate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its re- Quest, all records, papers, and information in their possession relating to any of the subjects of investi- gation by Said commission and shall detail, from time to time, such officials and employees to said COmmission as he may direct. (Sept. 8, 1916, c. 463, § 707, 39 Stat. 797.) § 5326i. IMembers not to divulge informa- tion; investigation of Paris Economy Pact and other organizations—It shall be unlawful for any member of the United States Tariff Commission, or for any employee, agent, or clerk of said commission, Or any other officer or employee of the United States, to divulge, Or to make known in any manner what- ever not provided for by law, to any person, the trade secrets or processes of any person, firm, copart- nership, Corporation, or association embraced in any examination. Or investigation conducted by said com- mission, Or by Order of said commission, or by Order of any member thereof. Any offense against the provisions of this section shall be a misdemeanor and be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both, in the discretion Of the Court, and such offender shall also be dismissed from office or discharged from em- ployment. . The commission shall have power to in- vestigate the Paris ECOnomy Pact and similar or- ganizations and arrangements in Europe. (Sept. 8, 1916, c. 463, § 708, 39 Stat. 798.) § 5326j. Continuing appropriation—There is hereby appropriated, for the purpose of defraying the expense of the establishment and maintenance of the commission, including the payment of salaries herein authorized, Out Of any money in the Treasury Of the United States not otherwise appropriated, the sum of $300,000 for the fiscal year ending June thirtieth, nine- teen hundred and seventeen, and for each fiscal year thereafter a like Sum is authorized to be appropriated. (Sept. 8, 1916, c. 463, § 709, 39 Stat. 798.) • TITLE XXXIV—COLLECTION OF DUTIES UPON IMPORTS Chap. Sec. 1. Collection-districts, ports, and officers. . . . . . . . . . 5327 2. Gºualifications, pay, and duties of officers. . . . . . . . 5347 3. Revenue Cutters and boats. . . . . . . . . . . . . . . . . . . . . . 5397 4. Entry of merchandise. . . . . . . . . . . . . . . . . . . . . . . . . . . 5462 5. Unlading . . . . . . . . . . . & e º ſe tº tº $ tº te e º 'º e . . . . . . . . . . . . . . . 5555 6. Appraisal . . . . . . . . . . . . . . . . © & © tº tº º & . . . . . . . . . . . . . . . . 5589 7. The bond and warehouse system. . . . . . . . . . . . . . . 5638 Chap. Sec. 7A. In mediate transportation in bond to inland ports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5695 8. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5710 9. Prawback . . . . . . . . . . . . . . . . . . . . . . tº it tº e º gº tº º . . . . . . . . . 5720 10. Enforcement of duty-laws and punishment for Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5760 11. Provisions applying to commerce with contigu- OUIS countries e e º e º tº g s a s e is e e º e e s e º e º ºs º e º 'º e g º g º º & 5807 Chapter One—Collection-Districts, Ports, and Officers This chapter of the Revised Statutes included sections 2517–2612 thereof. Of these, sections 2517–2607 defined the Customs collection districts, by describing the waters, shores, islands, etc., comprised in each or making other provisions as to their boundaries, with the ports of entry, subports of entry, and ports of delivery in the several dis- tricts, and also enumerated the officers authorized in each district, with some special provisions as to the duties, powers, etc., and compensation of certain officers in par- ticular districts. Nearly all of these sections, and, like provisions of acts subsequent to the Revised Statutes cre- ating or making changes in collection districts or ports or Offices therein, were superseded by the reorganization of the Customs Service made by the President pursuant to a provision of Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434, and Communicated to Congress March 3, 1913, which, by said act, Was to constitute, for the fiscal year 1914, and until otherwise provided by Congress, the permanent organiza- tion of the Customs Service. This chapter includes said provision, authorizing the President to reorganize the Customs Service, of Act Aug. 24, 1912, c. 355, § 1, accompanied by the message of the President transmitting said plan of reorganization, etc., dated March 3, 1913, with, such special provisions of the Original Chapter or of subsequent statutes, relating to particular districts, ports, or officers, as may be regarded as still in force. Sec. 5327. Reorganization of Customs Service by President. §327a. Rearrangement and limitation of Districts; changing locations. 5327b. Secretary of the Treasury fixing pay of laborers. 5328. Port of Boston; town of Chelsea, attached. 5329. Same; employés in appraiser’s office. 5330. Port of New York; extension of limits. 5331. Same; examiners. 5332. Same; employés in appraiser’s office. - 5333. Port of Philadelphia; employés in appraiser’s office. 3333a. District of Florida; headquarters. 5334. Port of New Orleans. 5335. Same; extension of limits. 5336. Same; extension of limits. 5337. Same; extension of limits. 5338. Same; temporary inspectors. 5338a. District of Omaha, ; compensation of collector. 5339. District of Sabine; Port Arthur ship canal; charges. 5340. Additional inspectors on routes by Which goods with- drawn from bonded Warehouse may be exported to Mexico ; reports. 5341. Transshipment of goods in bond at Brownsville. 5342. Port of Portland, Oregon; limits. 5343. Manifests of vessels bound for Portland. 5344. Manifests of vessels clearing from Portland. 5345. Vessels having merchandise for both Astoria and Port- land. 5346. Port of Memphis. § 5327. Reorganization of Customs Serviee by President—The President is authorized to reor- ganize the customs service and cause estimates to be submitted therefor on account of the fiscal year nine- teen hundred and fourteen bringing the total cost of said service for said fiscal year within a Sum not exceeding $10,150,000 instead of $10,500,000, the amount authorized to be expended therefor On a C- count of the current fiscal year nineteen hundred and twelve; in making such reorganization and reduc- tion in expenses he is authorized to abolish or con- Solidate collection districts, ports, and subports of entry and delivery, to discontinue needless offices and employments, to reduce excessive rates of COmpensa- tion below amounts fixed by law or Executive Order, and to do all such other and further things that in his judgment may be necessary to make Such Organ- ization effective and Within the limit Of COSt herein fixed ; such reorganization shall be communicated to Congress at its next regular session and shall con- Stitute for the fiscal year nineteen hundred and four- teen and until otherwise provided by Congress the permanent Organization of the customs service. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 434.) MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING PLAN OF REORGANIZATION OF THE CUSTOMs flºor AND DETAILED ESTIMATE OF EXPENSES OF THE AME To the Senate and House of Representatives : Whereas, by virtue of the provision of chapter 355 of the acts of 1912, approved August 24, 1912, being “An act making appropriations for sundry civil expenses of the Govern- ment for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes,” I was au- thorized to reorganize the customs service and cause esti- mates to be submitted therefor on account of the fiscal year 1914, reducing the total cost of said service for said fiscal year by an amount not less than $350,000, and I was further authorized in making such reorganization and re- duction in expenses to abolish or consolidate collection districts, ports and subports of entry and delivery, to dis- continue needless offices and employments, to reduce exces- sive rates of compensation below amounts fixed by law or Executive order, and to do all such other and further things that in my judgment may be necessary to make such reorganization effective and within the said limit of Cost; and Whereas it was further provided that such reorganization should be communicated to Congress at its next regular session and should constitute for the fiscal year 1914, and until otherwise provided by Congress, the permanent or— ganization of the customs service : Now, therefore, It is hereby ordered and communicated that the follow- ing plan shall be the Organization of the customs service for the said fiscal year 1914, and unless otherwise pro- vided by Congress the permanent organization of the cus- toms service : I CUSTOMIS DISTRICTS In lieu of all customs-collection districts, ports, and subports of entry and ports of delivery now or heretofore existing there shall be 49 customs-collection districts With district headquarters and ports of entry as follows: (1) The district of Maine and New Hampshire, to in- clude all of the State of Maine and all of the State of New Hampshire, except the county of Coos, with head- quarters at Portland, Me., in which Portland, Houlton, Fort Fairfield, Mars Hill, Van Buren, Madawaska, Monti- cello, Machias, Lubec, Bath, Boothbay, Limestone, Fort Kent, Bridgewater, Eastport, Calais, Bangor, Ellsworth, Rockland, Vanceboro, Lowelltown (or Holeb). Belfast, Rock- port, Castine, Vinal Haven, South West Harbor, and Ports- mouth (including Kittery), shall be ports of entry. - (2) The district of eastern Vermont, which shall in- clude the counties of Orleans, Essex, Caledonia, Washing- ton, Orange, Windsor, and Windham in the State of Ver- mont and the county of Coos in the State of New Hamp- shire, with district headquarters at Newport, in Which Newport, North Troy, Derbyline, Island Pond, and Beech- er Falls shall be ports of entry. (3) The district of western Vermont, to include all of the state of Vermont not expressly included in the dis- trict of eastern Vermont, with district headquarters at Burlington, in which St. Albans, Richford, Burlington, Alburg, Swanton, and Highgate shall be ports of entry. (4) The district of Massachusetts, to include all of the State of Massachusetts, with district headquarters at Bos- ton, in which Boston, Gloucester, Salem (including BeV- erly, Marblehead, and Lynn), Provincetown, Plymouth, Barnstable, Vineyard Haven, Fall River, New Bedford, Worcester, Springfield, and Holyoke shall be ports of entry. (5) The district of Rhode Island to include all of the State of Rhode Island, with district headquarters at Provi- dence, in which Providence and Newport shall be ports of entry. (6) The district of Connecticut, to include all of the State of Connecticut, with district headquarters at Bridge- port, in which Hartford, New Haven, New London, Ston- ington, Middletown, South Manchester, Bridgeport, Stam- ford, Greenwich, and Norwalk shall be ports of entry. (7) The district of St. Lawrence, in the State of New IPage S481 Ch. 1) 3 5327 COLLECTION OF DUTIES UPON IMPORTS [Page 849] York, to include all of the counties of Clinton, Essex, Franklin, St. Lawrence, Jefferson, and Lewis, with dis- trict headquarters at Ogdensburg, in which Ogdensburg, Nyando, Morristown, Rouses Point, Malone, Fort Coving- ton, Plattsburg, Champlain, Chateaugay, Moores Junction, Waddington, Cape Vincent, Alexandria Bay, Chaumont, and Claytoll shall be ports of entry. (8) The district of Rochester, to include all of the coun- ties of Oswego, Oneida, Onondaga, Cayuga, Seneca, Wayne, Broome, Tompkins, Chenango, Madison, Cortland, Hamil- ton, Schuyler, Chemung, Herkimer, Monroe, Ontario, Liv- ingston, Yates, Steuben, Orleans, Genesee, and Wyoming, with district headquarters at Rochester, in which Roches: ter, Oswego, Utica, Syracuse, Charlotte, Fair Haven, and Sodus Point shall be ports of entry. (9) The district of Buffalo, to include all of the coun- ties of Niagara, Erie, Cattaraugus, and Chautauqua, With district headquarters at Buffalo, in which Buffalo, Niagara Falls, North Tonawanda (including Tonawanda), Dun- kirk, and Lewiston shall be ports of entry. (10) The district of New York, to include all that part of the state of New York not expressly included in the districts of St. Lawrence, Rochester, and Buffalo and also to include the counties of Sussex, Passaic, Hudson, Ber- gen, Essex, Union, Middlesex, and Monmouth, in the State of New Jersey, with district headquarters at the port of New York, in which New York, Newark, Perth Amboy, Patchogue, Greenport, and Albany shall be ports of entry. (11) The district of Philadelphia, to include all that part of the State of Pennsylvania lying east of 79° West longitude, all of the State of Delaware, and all of that part of the State of New Jersey not included in the ãistrict of New York, with district headquarters at Phila- delphia, in which Philadelphia (to include Camden and Gloucester City, N. J.), Somers Point, Thompsons Point, Túj-erton, Čhester, wiimington, and Lewes shall be ports of entry. & (12) The district of Pittsburgh, to include all of the State of West Virginia and all of the State of Pennsyl- vania, lying west of 79° West longitude, except the county of Erie, with district headquarters at Pittsburgh, in Which Pittsburgh and Wheeling shall be ports of entry. (13) The district of Maryland, to include all of the State of Maryland, the District of Columbia, and the Coun- ty of Alexandria in , the State of Virginia, With district headquarters at Baltimore, in which Baltimore, Washing- ton, Crisfield, Annapolis, and Alexandria shall be ports of entry. § The district of Virginia, to include all of the State of Virginia, except the county of Alexandria, with dis- trict headquarters at Norfolk, in which Norfolk and NeW- port News, Richmond, petersburg, Cape Charles City, Chincoteague, and Reedville shall be ports of entry. The port of Norfolk shall include both of said cities and the waters and shores of Hampton Roads. g (15) The district of North Carolina, to include all of the State of North Carolina, With district. headquarters at Wilmington, in which wilmington, Elizabeth City, Newbern, Manteo, and Beaufort shall be ports of entry. (16) The district of South Carolina, to include all of the Štate of South Carolina, with district headquarters at Charleston, in which Charleston, Georgetown, and Beau- shall be ports of entry. tº The §: of Georgia, to include all of the State of Georgia, except the north shore of the St. Marys River and the city of St. Marys, with Savannah, in which sº nta shall be ports of entry. Aº The hº of Florida, to include all of the State of Florida and the north bank of the St. Marys River, and the city of St. Marys, Ga.; with district headquarters at Jacksonville, in which Tampa, (including Port Tampa), Exey West, Punta. Gorda, Boca Grande, Miami, Jackson- ville, Pensacola, St. Andrews, St. Augustine, Fernandina (including St. Marys, Ga.), Cedar Keys, Port Inglis, Apa- lachicola, and Carrabelle shall be ports of entry. (19) The district of Mobile, to include all of the State of Alabama, and all that part of the State of Mississippi lying south of 31° north latitude, with district headquarters at Mobile, in which Mobile, Birmingham, Gulfport, and hall be ports of entry. sº #tº: New Orléans, to include all of the State of Louisiana and all that part of the State of Mis- sissippi lying north of 31° north latitude, With district headquarters at New Orleans, in which NeW Orleans and Morgan City shall be ports of entry. $º (21) The district of Sabine, to include the following territory, viz., beginning on the Gulf of Mexico at the cen- ter of the stream of Sabine Pass; thence north with the center of the stream of Sabine Pass to Sabine Lake; thence with the center of the stream of Sabine Lake to a point directly opposite to the Sabine River; thence north with the east shore of the Sabine River to the north boundary line of Shelby County, Tex.; thence west to the Neches friver; thence down said river with its west Shore to a north boundary line of Jefferson County; thence in a westerly direction with the said north boundary line to the east boundary line of Liberty County, Tex.; thenge south to the Gulf of Mexico; thence in an easterly di- Tection along the Gulf shores to the place of beginning, COMP. S.T.’18—54 Brunswick, Darien, with district headquarters at Port Arthur, in which Port Arthur and Sabine shall be ports of entry. The district Of Sabine is retained as a separate district with boundaries as above provided because of the express provision of the act approved June 19, 1906, detaching the same from the district of Galveston, and creating it a separate dis- trict in consideration of the conveyance to the Government of the Port Arthur Ship Canal and other waterways in said act described. (22) The district of Galveston, to include all of the State of Texas, except the territory included in the dis- tricts of Sabine, Laredo, El Paso, and Eagle Pass, with district headquarters at Galveston, in which Galveston (in- cluding Port Bolivar and Texas City), San Antonio, Dal- las, Houston, and Port Lavaca, shall be ports of entry. (23) The district of Laredo, to include all of the coun- ties of Cameron, Hidalgo, Starr, Nueces, Zapata, Duval, Brooks, Willacy, Jim Wells, Aransas, Webb, La Salle, Dimmit, McMullen, Live Oak, Bee, Refugio, and San Patricio, in the State of Texas, with district headquarters at Laredo, in which Laredo, Brownsville, Rio Grande City, Corpus Christi, Roma, and Santa Maria shall be ports of entry. (24) The district of El Paso, to include all of the coun- ties of El Paso and Culberson in the State of Texas and all of the State of New Mexico, with district head- quarters at El Paso, in which El Paso, and Columbus, N. Mex., shall be ports of entry. (25). The district of Eagle Pass, to include all of the Counties in the State of Texas lying along and Contiguous to the Rio Grande River not included in the districts of Laredo and El Paso, with district, headquarters at Eagle Pass, in which Eagle Pass, Boquillas, Del Rio, and Pre- sidio shall be ports of entry. (26) The district of Arizona, to include all of the State ~ of Arizona, with district headquarters at Nogales, in which Nogales, Naco, Yuma, and Douglas shall be ports of entry. (27) The district of southern California, to include all that part of the State of California, lying south of 35° north latitude, with district headquarters at Los Angeles, in which Los Angeles, San Pedro, San Diego, Calexico, Campo, and Tia Juana shall be ports of entry. (28) The district of San Francisco, to include all that part of the State of California, lying north of 35° north latitude, with district headquarters at San Francisco, in which San Francisco (including Oakland), Eureka, and Port Hartford shall be ports of entry. (29) The district of Oregon, to include all of the State of , Qregon, With district headquarters at Portland, in which Portland, Astoria, Newport, and Empire shall be ports of entry. (30) The district of Washington, to include all of the State of Washington, with district headquarters at Seat- tle, In Which Seattle, Port Townsend, Aberdeen, Anacortes, Bellingham, Blaine, Chopaka, Danville, Everett, Ferry, Friday Harbor, Laurier, Molson, Northport, Port Angeles, Roche, Harbor, South Bend, Spokane, Sumas, and Tacoma shall be ports of entry. (31) The district of Alaska, to include all of the Terri- tory of Alaska, with district headquarters at Juneau, in which Juneau, Eagle, Ketchikan, Cordova, Sulzer, St. Michael, Skagway, Unalaska, Wrangell, Fortymile, Fair- banks, and Nome shall be ports of entry. (32) The district of Hawaii, to include all of the Terri- tory of Hawaii, with district headquarters at Honolulu, in which Honolulu, Hilo, Kahului, Kaloa, and Mahukona shall be ports of entry. (33) The district of Montana and Idaho, to include all of the States of Montana and Idaho, with district head- quarters at Great Falls, in which Great Falls, Eastport, Port Hill, Plentywood, Sweetgrass, and Gateway shall be ports of entry. (34) The district of Dakota, to include all of the States of North and South Dakota and the county of Kittsen in the State of Minnesota, with district headquarters at Pem- bina, in which Pembina, Noyes, St. Vincent, Portal, St. John, Hannah, Neche, Ambrose, Souris, Walhalla, Sarles, jº, Hansboro, Crosby, and Antler shall be ports or entry. (35) The district of Minnesota, to include all of the State of Minnesota lying south of 46° north latitude, with headquarters at St. Paul and Minneapolis, in which St. Paul and Minneapolis shall be the port of entry, which port shall include both of said cities. > (36) The district of Duluth and Superior, to include all of the State of Minnesota, except the county of Rittsen, lying north of 46° north latitude, and all of the State of Wisconsin lying north of said latitude, and the Island of Isle Royal in the State of Michigan, with district head- quarters at Duluth and Superior, in which Duluth and Superior, International Falls, Warroad, Ranier, Two Har- bors, Ashland, and Isle Royal Shall be ports of entry. The port of Duluth and Superior shall include both of said cities and West Superior. (37) The district of Wisconsin, to include all of the State of Wisconsin lying south of 46° north latitude, with dis- trict headquarters at Milwaukee, in which Milwaukee, Green Bay, Kenosha, Kewaunee, Manitowoc, Marinette (in- cluding Menominee), Racine, Sheboygan, and Sturgeon Bay shall be ports of entry. § 5327 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS IPage 850] (38) The district of Michigan, to include all of the State of Michigan, with district headquarters at Detroit, in which Detroit, Port , Huron, Saginaw, Alpena, Bay City, Marine City, St. Clair, Grand Rapids, Grand Haven, Charlevoix, Ludington, Manistee, Manistique, Muskegon, St. Joseph, Petoskey, Sault Ste. Marie, Cheboygan, Mackinaw, Detour, Escanaba, Gladstone, Houghton, and Marquette shall be ports of entry. (39) The district of Chicago, to include all of the State of Illinois lying north of 39° north latitude and all that part of the State of Indiana lying north of 41° of north latitude, with district headquarters at Chicago, in which Chicago, Peoria, and Michigan City shall be ports of entry. (40) The district of Indiana, to include all of the State of Indiana lying south of 41° of north latitude, with dis- trict headquarters at Indianapolis, in which Indianapolis and Evansville shall be ports of entry. (41) The district of Ohio, to include all of the State of . Ohio and the county of Erie, in the State of Pennsylvania, With district headquarters at Cleveland, in which Cleve- land, Conneaut, Ashtabula, Fairport, Lorain, Sandusky, Put-in-Bay, Toledo, Cincinnati, Columbus, and Dayton, Ohio, and Erie and Corry, Pa., shall be ports of entry. (42) The district of Kentucky, to include all of the State of Kentucky, with district headquarters at Louisville, in Which Louisville and Paducah shall be ports of entry. (43) The district of Tennessee, to include all of the State of Tennessee, with district headquarters at Memphis, in which Memphis, Nashville, Chattanooga, and Knoxville shall be ports of entry. (44) The district of Iowa, to include all of the State of IoWa, with district headquarters at Des Moines, in which Des Moines, Sioux City, and Dubuque shall be ports of entry. . (45) The district of St. Louis, to include all of the States of Missouri, Kansas, Arkansas, and Oklahoma, and all that part of the State of Illinois lying south of 39° north latitude, with district headquarters at St. Louis, in Which St. Louis (including East St. Louis), Kansas City and St. Joseph, Mo., and Cairo, Ill., shall be ports of entry. (46) The district of Omaha, to include all of the States of Nebraska and Wyoming, with district headquarters at Omaha, in Which Omaha, and Lincoln shall be ports of entry. - (47) The district of Colorado, to include all of the State of . Colorado, with district headquarters at . Denver, in which Denver shall be the port of entry. (48) The district of Utah and Nevada, to include all of the States of Utah and Nevada, with district headquarters at Salt Lake City, in which Salt Lake City shall be the port of entry. (49) The district of Porto Rico. (This district is not affected by this reorganization for the reason that the ex- penses of the district are not payable from the appropri- ation “Expenses of collecting the revenue from customs.”) II The use of the terms “port of delivery” and “subport of entry” is hereby discontinued, and all ports of entry, subports of entry, and ports of delivery not above spe- cifically mentioned as ports of entry, are hereby abolished. III - The privileges of the first and seventh sections of the act of June 10, 1880, commonly known as the “immediate transportation act” shall remain as heretofore existing With respect to the ports of entry above mentioned. IV There shall be one collector of customs for each of the customs collection districts above established, who shall receive the compensation hereafter set forth, which shall constitute all the Compensation and emoluments to be re- ceived by him and which shall be in lieu of all fees, com- missions, salaries, or other emoluments of any name or nature (including the right to charge for blank manifests and clearances under the provisions of section 2648 of the Revised Statutes) heretofore received by or allowed to him. Maine and New Florida . . . . . . . . . . . . . . . $6,000 Hampshire . . . . . . . . . $5,000 |. Mobile . . . . . . . . . . . . . ... 3,500 Eastern Vermont ..... 4,000 | New Orleans .......... 7,000 Western Vermont .... 4,000 | Sabine ................. 3,000 Massachusetts . . . . . . . 8,000 Galveston ..... . . . . . . . 5,000 Rhode Island . . . . . . . . 4,500 | Laredo .......... . . . . . 3,500 Connecticut . . . . . . . . e 5,000 | El Paso .... ........... 4,500 St. LaWrence . . . . . . ... 5,000 | Eagle Pass ........... 4,000 Rochester . . . . . . . . . . . . 4,500 | Arizona. . . . . . . . . . . . . . . . . 3,500 Buffalo . . . . . . . . . . . . . . . 6,000 Southern California.... 5,000 New York . . . . . e - s > - e. e. 12,000 | San Francisco ........ 7,000 Philadelphia. . . . . . . . . . 8,000 Oregon ........ . . . . . . . . 4,500 Pittsburgh . . . . . . . . . . . 4,500 Washington ........... 6,000 Maryland . . . . . . . . . . . . . 7,000 i Alaska. ........ . . . . . . . . . 4,000 Virginia. . . . . . . . . ... . . . 5,000 | Hawaii .............. ... 5,000 North Carolina ...... 2,500 || Montana and Idaho... 3,500 South Carolina ... . . . 2,500 Dakota ......... . . . . . . . 3,500 Georgia. . . . . . . . . . . . . ... 3,000 | Minnesota ............. 4,000 Duluth and Superior.. *}} Tennessee ............. $3,500 4,500 Wisconsin ............. IOWa. . . . . . . . . . . . . . . . . . . . 3,000 Aſighigan .............. 6,000 | St. Louis .............. 6,000 Chicago ................ 7,000 Omaha .......... . . . . . . . . 2,500 Indiana ................ 4,000 | Colorado .......... .... 3,500 9hio .................... 6,000 || Utah and Nevada..... 2,500 Kentucky ....... e e º e º º e 3,500 All moneys collected or received by such collectors of Customs in their official capacities, whether as fees, stor- age, Commissions, or from the sale of blank forms or oth- erWise, Shall be covered into the Treasury. V Such Collectors shall maintain their principal offices at the headquarters of their respective districts, with the ex- ception of the collectors for the districts of Virginia, Min- nesota, and Duluth and Superior, who shall maintain a principal office at both Newport News and Norfolk, and at both St. Paul and Minneapolis, and at both Duluth and Superior, respectively. * VI The Collector of customs or the surveyor of customs (if there be no collector) for any district heretofore existing in Which the port above mentioned as the headquarters of a district hereby created is located shall continue to hold office as the Čollector of customs for such new district un- der his existing commission, or if the port so designated as the headquarters of any district hereby created be an independent port of delivery the collector or surveyor (if there be no collector) shall continue to hold office as the Collector of Customs for such new district under his ex- isting commission, and the terms of office of all other col- lectors of customs, and the terms of office of all other sur- Veyors of customs, except the surveyors of customs at the ports of Portland, Me., Boston, Mass., New York, N. Y., Philadelphia, Pa., Baltimore, Md., New Orleans, La., and San Francisco, Cal., shall cease and determine upon this reorganization going into effect. VII The Secretary of the Treasury may appoint a deputy col- lector to have charge of each port of entry, who shall per- form Such duties and receive such compensation as the Secretary of the Treasury shall determine. VIII The Secretary of the Treasury is hereby authorized to prescribe uniform blank forms to be used in connection With the entry and clearance of merchandise, and to cause Such forms to be printed and to be kept on sale at the Various ports of entry as he may direct, the net proceeds of such sales to be covered into the Treasury. IX Merchandise shall not be entered or delivered from cus- toms custody elsewhere than at one of the ports of entry hereinbefore designated, except at the expense of the par- ties in interest, upon express authority from the Secretary of the Treasury and under conditions to be prescribed by him. When it shall be made to appear to the Secretary of the Treasury that the interests of commerce or the pro- tection of the revenue So require, he may cause to be Stationed at places in the various collection districts, though not named as ports of entry, officers or employees of the Customs with authority to enter and clear vessels, to ac- cept entries of merchandise, to collect duties, and to en- force the various provisions of the customs and naviga- tion laws. - - X All persons now in the classified civil service whose em- ployment may be discontinued by reason of this reorganiza- tion shall be retained upon the list of eligibles for ap- pointment to fill any vacancies hereafter occurring in the customs service. XI The notice of dissatisfaction and protest provided for by subsections 13 and 14 of section 28 of the act approved August 5, 1909, shall be deemed to be finally abandoned and waived unless Within 30 days from the date of filing thereof the person who filed such notice or protest shall deposit with the collector of customs a fee of $1 With respect to each appraisement, entry, or payment objected to. Such fee shall be deposited and accounted for as “Miscellaneous receipts,” and in case the notice of dissatisfaction or pro- test in connection, with which such fee Was deposited shall be finally sustained in, whole or in part, Such fee shall be refunded to the importer, with the duties found to be col- lected in excess, from the appropriation for the refund to importers of excess of deposits. Attached hereto is a detailed estimate of the expenses of the customs Service under the reorganization above pro- vided. ‘Done at Washington, D. C., this 3d day of March, 1913. WM. H. TAFT. Ch. 1) 2 5327 COLLECTION OF DUTIES UPON IMPORTS Deputy collector, 1 at $3.50. . Deputy collector, l at $3.50 (p) . . . . . . * * * * * * * * * * * * * * Deputy collectors, 2 at $3.50 (p) . . . . . . . . . . . . . . . . . . . . Deputy collector, l at $3.50 (p) . . . . . . . . . . . º e e º ſº e º º a Deputy collector, 1 at $3.50 (p) . . . . . . . . . . . . . . . . . . . . Deputy collector, 1. alt $3.50 (p) . . . . . . . . . . . . . . * * * * * tº Deputy Collector . . . . . . . . . . . . Deputy collector and in- Spector . . . . . . . . . . . . . . . . . . . . . Deputy collector and in- Spector, 1 at $1.65. . . . . . . . . tº Deputy collector, 1 at $2..... Deputy Collector . . . . . . . . . . . . Deputy collector, 1 at $1,200 Decuty collector, 1 at $1,200 Deputy collector, 1 at $1,000 Inspectors, 6 at $3. . . . . . . . . . . Inspectors, 2 at $2.50. . . . . . . * Inspector, 1 at $2.50 (n). . . . . Deputy collector, 1 at $4.... Deputy collectors, 3 at $3... Deputy collector and in- Spector, 1 at $3. . . . . . . . . . . • * Inspector, 1 at $2.50. . . . . . . . tº º Inspector, 1 at $2. . . . . . . . . . . e Deputy collector, 1 at $2.50. . Night inspector, 1 at $3 (m) Deputy collector Deputy collectors Spectors, 2 at $3. . . . . . . . . . . . Deputy collector Spector, 1 at $2.50. . . . . . . . . . Janitor * Deputy collector, 1 at $3.... Deputy collectors and in- Spectors, 2 at $2.50. . . . . . . . . Deputy collector Deputy collector spector, 1 at $4. . . . . . . . . . . . . Deputy collectors and spectors, 6 at $3. . . . . . . . . . . . Deputy collector, 1 at $2.50 collector, 1. at • * * * * * * * * * * * * s e º e s ºr e º ºs e º e s e = * * * * * * * • * * * * * * * * * * * * Deputy collector Deputy collectors, 2 at $3.. Deputy Collector, 1 at $3... . Inspector, 1 at $2.50 (b) . . . . . tº Deputy collector, 1 at $4. . . . Deputy collectors and in- Spectors, 3 at $3. . . . . . . . . . . . Deputy collector, 1 at $0.70. . Deputy collector, 1 at $2.50 5,000.00 3,000.00 2,500.00 2,000.00 2,000.00 / 1,600.00 1,600.00 1,400.00 2,920.00 1,460.00 2,800.00 3,600.00 2,200.00 2,000.00 1,100.00 9,835.00 4,530.00 1,800.00 2,920.00 1,642.50 |. 1,277.50 1,400.00 1,095.00 1,095.00 1,460.00 1,277.50 1,277.50 DISTRICT OF MAINE AND NEW HAMPSHIRE Collector . . . . . . . . . . . • * * g e º e ...? Appraiser . . . . . . . . . . . . . . . . . . . . . Deputy Collector . . . . . . . . . . . . e Deputy Collector . . . . . . . . . . . . e Weigher . . . . . . . . . . . . . . . . . . . . . . Dºuty collector and inspec- OT . . . . . . . . . . . * * * * * * * * * * * e e º º Clerk . . . . . . . . . . . . . . . . . . . . . . . © g Deputy collector ....... & s e º 'º º Inspectors, 2 at $4 . . . . . . . . . . Inspector and assistant Weigher, 1 at $4.......... • e Clerks, 2 at $1,400...... tº ſº tº dº º ſº Clerks, 3 at $1,200............ Clerks, 2 at $1,100...... • e e º te e Clerks, 2 at $1,000. . . . . . tº e º 'º e e Storekeeper, 1 at $1,100 (d).. Inspectors, 9 at $3.......... e e Inspectors, 10 at $3 (o)...... Clerk, 1 at $730............ tº º e Boatmen, 2 at $2....... e e e º 'º e Watchmen, 2 at $2.......... e e Watchmen, 2 at $2 (o). . . . . . . Watchman and .assistant Storekeeper, 1 at $2 (d)... Laborer, 1 at $60 (g)..... * - e. Deputy collector, 1 at $3..... Deputy collector . . . . . . . . . . * * e Deputy collectors and in- Spectors, 2 at $4 (p)........ Deputy collector and in- Spector, 1 at $4.50 (p). . . . . . Deputy collector and in- Spector, 1 at $3.50 (p). . . . . . Deputy collector, 1 at $1,400 Inspector, 1 at $3 (d). . . . . . . . Inspector, 1 at $3. . . . . . . . . . . . Deputy collector, 1 at $4 (p) Deputy collector and in- Spector, 1 at $3.50. . . . . . . . . . 1,277.50 2,555.00 1,277.50 1,277.50 1,277.50 900.00 700.00 602.25 730.00 2,000.00 1,200.00 1,200.00 1,000.00 6,570.00 1,825.00 525.00 1,460.00 3,285.00 1,095.00 912,50 730,00 912.50 730,00 1,800.00 2,190,00 912.50 660.00 1,095.00 1,825.00 1,800.00 1,460.00 6,570.00 912.50 1,277.50 1,095.00 2,190.00 [Page 851] Deputy collector, 1 tº: * @ e º ſº Deputy collector, 1 at Total a s e º e e e º e e e e º e o & e º e s Compensation Rents and contingent. . . . . . . . * Total e e º e º e s tº e º e º e o e º 'º º e º 'º DISTRICT OF EASTERN WERMONT Collector of customs.........} Deputy collector . . . . . e e º 'º e s tº e Deputy Collector . . . . . . . . . . . dº Deputy collectors and in- spectors, 2 at $4 (Quebec) IDeputy collector and in- Spector, 1 at $1,400. . . . . . . . . Deputy collector and in- spector, 1 at $4 (Quebec).. Deputy collectors and in- spectors, 2 at $1,200........ Deputy Collectors and in- Spectors, 8 at $3......... e - Clerk, 1 at $1,000. . . . . . . . . . . . . Deputy Collectors and in- Spectors, 4 at $840, .... e e s e Clerk and messenger, 1 at 840 . . . . . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 2 at $3 Deputy collector, 1 at $1,500 Deputy collector and in- Spector, 1 at $1,200......... Deputy Collectors and in- Spectors, 7 at $3. . . . . e º 'º º –º sº º – – Deputy Collectors and in- Spectors, 4 at $840.......... Deputy collectors, 2 at $1,095 Deputy Collector and in- Spector, 1 at $840. . . . . . . . . . . Deputy collector, 1 at $840.. Total ..... Compensation * e g Rents and contingent........ Total e a e º ºr e º 'º e º * * * * * * * * * * e DISTRICT OF WESTERN VERMONT Collector . . . . . . . . . . . . . . . . . . . . . $ 4,000.00 Deputy Collector ......... e e e a 3,000.00 Deputy Collector . . . . . . . . . . . . . 2,000.00 Deputy collectors, 3 at $1,400 4,200.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . © & & © 1,200.00 Deputy Collectors and in- Spectors, 11 at $3... . . . . . . © 12,045.00 Deputy collector and inspec- tor, 1 at $3 (d). . . . . . . . . . . . º 1,095.00 Deputy Collectors and in- Spectors, 2 at $3 (d). . . . . . . 2,190.00 . Deputy collector and inspec- tor and gauger. . . . . . . . . . . . . 1,095.00 Deputy collector . . . . . . . . . . . . . 1,000.00 Deputy collectors and in- spectors, 3 at $840. . . . . . . . . . 2,520.00 Deputy Collector and inspec- tor, 1 at $840. . . . . . . . . . . . . . . 840.00 Messenger, 1 at $600. . . . . . . . . . 600.00 Deputy Collector ........ * c e º º 1,800.00 Deputy Collector . . . . . . . . . . . . . 1,000.00 Deputy Collector and inspec- tor, 1 at $1,095..... ...tº e º e º e º ſº { } 1,095.00 Deputy Collector . . . . . . . . . . . . . 2,200.00 Deputy Collectors and in- Spectors, 7 at $4. . . . . . . . . . . . 10,220.00 Deputy collector, 1 at $840.. 840.00 T) eputy collector, 1 at $840.. 840.00 Deputy collector, 1 at $840.. 840.00 Deputy collector . . . . . . . . . . . . . 1,400.00 Deputy Collectors and in- Spectors, 8 at $3. . . . . . . . . . . . 8,760.00 Deputy Collectors and in- Spectors, 2 at $840. . . . . . . . . . 1,680.00 Deputy collector and inspec- tor, 1 at $840. . . . . . . . . & © e º e & 840.00 Deputy Collector . . . . . . . . . . . . . 1,800.00 Deputy Collector . . . . . . . . . . . . . 1,200.00 Deputy collectors and in- Spectors, 5 at $3. . . . . . . . . . . . 5,475.00 Deputy collectors, 2 at $1,200 2,400.00 Deputy Collector . . . . . . . . . . . . . 1,200.00 Deputy collector, and inspec- tor . . . . . . . . . . . . º e º e º e º 'º e º º is a tº 840.00 Total . . . . . . . . . . . . . . . . . . . . . 80,215.00 Compensation . . . . . . . . . . . . . . . . 80,215.00 Rents and contingent. . . . . . . . 2,619.00 Total . . . . . . . . . . . . . . . . . . . . . 82,834.00 º 138,271.75 146,394.75 51,085.00 996. 52,081.00 500.00 ( 1,095.00 138,271.75 8,123.00 4,000.00 2,200.00 1,500.00 4,380.00 1,400.00 1,460.00 2,400.00 8,760.00 1,000.00 3,360.00 840.00 2,190.00 1,500.00 1,200.00 7,665.00 3,360.00 2,190.00 840.00 840.00 51,085.00 6.00 Watchman, 1 at $3..... 'Clerk, DISTRICT OF MASSACEIUSETTS Collector . . . . . . . . . . . . . . . . . . . . . $ Deputy collector . . . . . . . . . . . . . Deputy Collector . . . . . . . • e < e < e - Cashier . . . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 6 at $3,000 Clerk, 1 at $2,500. . . . . . . . . . . . e Assistant cashier ...... * G & © º º Clerks, 6 at $2,250............ Inspectors, 5 at $6..... e - e º e e Clerks, 6 at $2,000. . . . . . . . . . . . Weigher, 1 at $2,000......... º Gauger, 1 at $2,000.......... Inspectors, 30 at $5........... Clerks, 19 at $1,800..... © e º e e tº Clerks, 27 at $1,600........... Clerks (acting weigher), 3 at 1,600 . . . . . . . . . . . . . . . . . . . . . . . Captain, 1 at $1,600........... Assistant weighers, 31 at $4 per diem . . . . . . . . . . . . . . . . . . . Assistant gaugers, 4 at $4 per diem . . . . . . . . . . . . . . . . . . . Clerks, 25 at $1,400.......... Inspectors, 53 at $4.......... e Storekeepers, 12 at $1,400 (d) Lieutenants, 2 at $1,400...... Clerks, 33 at $1,200........... Storekeepers, 2 at $1,200 (d) Stenographer and typewriter Clerk and stenographer..... Roundsmen, 3 at $1,200..... º Messengers, 2 at $1,000...... Storekeeper, 1 at $1,000 (d). Stenographer and typewriter Clerks, 37 at $1,000......... º Customs guards, 15 at $960. . Stampers, 3 at $2.50.... Inspectress Attendants, 6 at $900........ ºrs and packers, 4 at Messengers, 2 at $900....... e e Clerks, 2 at $840............ Laborers, 24 at $840....... * e e Messengers, 8 at $840....... e Customs guards, 18 at $840.. Messengers, 15 at $720........ Assistant storekeepers, 4 at $800 (d) ..................... Customs guards, 37 at $720.. Laborers, 18 at $700.......... Charwomen, 2 at $300........ Janitor * * * * * * * * * * * * * * * * * * * * * * Clerk Clerks, 6 at $1,800 Clerks, 3 at $1,600.......... © e 1 at $1,400.......... Clerks, 2 at $1,200..... • * * * * e e Clerks, 3 at $1,000......... º & e Clerk, 1 at $840............ * - e. Messengers, 2 at $840........ Surveyor ..................... Deputy Surveyor and clerks, 2 at $2,750 Clerk . . . . . . . .................. Clerk . . . . . . . . . . . . ........... • e ' Clerks, 2 at $1,200............ Messenger, 1 at $840......... º Messenger, 1 at $720.......... Appraiser . . Assistant appraisers, 3 at $3,000 Special examiner of drugs, • * * * * * * * * * * * * e s e e a e e * * * * * * * * * * * * * * * * s e e s = e e medicines, and chemicals, and assistant appraiser.... Examiners, 2 at $2,200...... e Examiners, 3 at $2,000....... Examiners, 6 at $1,800..... • * Examiners, 8 at $1,600. . . . . . . Examiners, 6 at $1,400...... e Examiner . . . . . . . . . . . . . . . . . . . e Clerk . . . . . . . . . . . . . . . . . . . . . . . . © Polariscopists, 2 at $1,400.... Clerks, 2 at $1,400. . . . . . . . . . tº º Samplers, 6 at $1,200. . . . . . . . e Clerks, 3 at $1,200. . . . . . . . . . • e Sampler, 1 at $1,000. . . . . . . . * - Clerks, 10 at $1,000. . . . . . . . . . . Messenger, 1 at $1,000. . . . . . . . Openers and packers, 31 at 3900 8,000.00 5,000.00 4,800.00 1,600.00 45,260.00 5,840.00 35,000.00 77,380.00 16,800.00 2,800.00 39,600.00 2,400.00 1,200.00 1,200.00 3,600.00 2,000.00 900.00 5,400.00 3,600.00 1,800.00 1,680.00 20,160.00 6,720.00 15,120.00 10,800.00 3,200,00 26,640.00 12,600.00 600.00 660.00 200.00 5,000.00 3,000.00 2,000.00 2,000.00 10,800.00 4,800.00 1,400.00 2,400.00 3,000.00 840.00 1,680.00 5,000.00 5,500.00 2,400.00 2,000.00 6,400.00 2,400.00 840.00 720.00. 4,000.00 9,000.00 3,000.00 4,400.00 6,000.00 10,800.00 12,800.00 8,400.00 1,200.00 1,600.00 2,800.00 2,800.00 7,200.00 3,600.00 1,000.00 10,000.00 1,000.00 3,285.00 255.50 912.50 a s • a s e s a • * * * * * * * * * * * * * * 27,900.00 5,040.00 3 5327 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS Laborers, 4 at $840...........? 3,360.00 Deputy collector . . . . . . . . . . . . e 2,500.00 Deputy collector and inspec- sº tor, 1 at $5. . . . . . . . . . . . . . . . . . 1,825.00 Opener and packer, 1 at $900 900.00 Laborer, 1 at $700. . . . . . . . . . . . 700.00 Deputy Collector . . . . . . . . . . . . . . 2,000.00 Deputy collectors, 2 at $1,200 2,400.00 Clerk and inspector. . . . . . . . . tº 1,000.00 Messenger and laborer. . . . . . g 800.00 Storekeeper, 1 at $300 (d). . . 300.00 Deputy collector . . . . . . . . . . . . . 1,200.00 Deputy collector, 1 at $2.50. . 915.50 Deputy collector . . . . . . . . . . . . . 1,800.00 Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . . º 1,277.50 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . tº º ſe e º 'º 1,095.00 Deputy Collector . . . . . . . . . . . . g 1,800.00 Deputy collector and inspec- tors, 2 at $3. . . . . . . . . . . . . . . . e 2,190.00 Inspector, 1 at $3. . . . . . . . . . . . © 1,095.00 Inspector, 1 at $3 (a i). ..... e 300.00 Deputy collector, 1 at $2.... 730.00 Deputy collector, 1 at $2.50. . 915.50 Deputy Collector . . . . . . . . . . . . . 1,000.00 Deputy collector . . . . . . . tº e º e º 'º 2,000.00 Clerk . . . . . . . . . e is s e º is tº e º 'º e º e C. e s 1,400.00 Inspectors, 7 at $4........... wº 10,220.00 Storekeeper, 1 at $1,000 (d).. 1,000.00 Engineer, 1 at $75 (g) . . . . . . . tº 900.00 Storekeeper, 1 at $700 (d). . . . 700.00 Storekeeper, 1 at $300 (d). ... 300.00 Boatman, 1 at $40 (g). . . . . . . . 480.00 Deputy Collector, 1 at $4..... 1,460.00 Inspectors, 3 at $3. . . . . . . . . . . & 3,285.00 Boatman . . . . . . . . . . . tº ſº tº gº tº º ſº e º º 540.00 Total . . . . . . . . . . . . . . . . . . . . . 859,101.00 Compensation ........ * @ e º 'º º º ºs 859,101.00 Rents and contingent........ 141,912.00 Total . . . . . . . . . . . . . . . . . . . . . 1,001,013.00 DISTRICT OF REIO DE ISLAND Collector . . . . . . . . . . . . . . . . . . . . . 4,500.00 Deputy collector and clerk.. 2,000.00 Examiner . . . . . . . . . . . . . . . . . . . . 1,800.00 Deputy collector and clerk.. 1,600.00 Deputy collectors and clerks, 2 at $1,400. . . . . . . . . . . . . . . . . . 2,800.00 Stenographer and typewriter 1,200.00 Deputy collectors and in- Spectors, 4 at $3.50. . . . . . . . . 5,110.00 Examiner .................... 1,000.00 Inspectors, 5 at $3 (b). ..... te 900.00 Storekeeper, 1 at $900. . . . . . . . 900.00 Opener and packer, 1 at $720 720.00 Boatman, 1 at $600. . . . . . . . . . . 600.00 Laborer, 1 at $600. . . . . . . . . . . . 600.00 Deputy Collector and clerk.. 1,800.00 Deputy collector and inspec- tor, 1 at $2.50. . . . . . . . . . . . . . . 912.50 Deputy collector and inspec- tor, 1 at $1. . . . . . . . . . . . . . . . . ſº 365.00 Total . . . . . . . . . . . . . . . . . . . . . . 26,807.50 Compensation . . . . . . . . . tº a e º e º 'º 26,807.50 Rents and Contingent. . . . . . . . 6,187.00 Total . . . . . . . . . . . . . . . . ge tº e º e 32,994.50 DISTRICT OF CONNECTICUT Collector . . . . . . . . . . . . . . . . . . . . . $ 5,000.00 Deputy Collector. . . . . . . . . . . . . tº 2,000.00 Deputy Collector. . . . . . tº º ºs e º e º ſº 1,600.00 Deputy Collector. . . . . . . . tº e º e º º 1,200.00 Clerk, 1 at $1,200. . . . . . . . . . . . . . 1,200.00 Deputy collectors and in- spectors, 2 at $1,000. . . . . . . . . 2,000.00 Deputy Collector and inspec- tor, 1 at $700. . . . . . . . . . . . . . . . 700.00 Laborer, 1 at $720. . . . . . . . . . . . 720.00 Deputy Collector. . . . . . . . . . . . . . 2,500.00 Deputy collectors, 2 at $1,600 3,200.00 Deputy collector, 1 at $1,200 1,200.00 Clerk, 1 at $840. . . . . . . . . . . . . . 840.00 Storekeeper, 1 at $600 (d). . . . 600.00 Deputy collector, 1 at $1,400 1,400.00 Deputy collector. . . . . . . . . tº e º e & 1,800.00 Deputy Collector. . . . . . . e is e º e º & 1,200.00 Inspectors, 3 at $3. . . . . . . . . e e º 3,285.00 Inspectors, 2 at $3 (a b)..... 600.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 [Page 852] Deputy collectors and in- spectors, 3 at $3............? 3,285.00 Deputy collector. . . . . . . . . . . . . . 900.00 Total . . . . . . e is © e º e e s e e º 'º º º º 36,430.00 Compensation . . . . . . . . . . . tº e g º & 36,430.00 Rents and contingent. . . . . . . . 1,672.00 Total . . . . . . . . . . . . . . . . . & g º º 38,102.00 DISTRICT OF ST. LAWRENCE Collector . . . . . . . . . . . . . . . . . . . . . $ 5,000.00 Deputy collector. . . . . e g º gº e º a tº ſº 2,500.00 Deputy collector. . . . . . . . . . . . . . 1,800.00 Deputy Collector. . . . . • * * * * * * * s 2,000.00 Deputy collectors, 2 at $1,400 2,800.00 Deputy Collector. . . . . . . . . . . . . . 1,600.00 Deputy collectors and in- spectors, 2 at $1,400. . . . . . . . 2,800.00 Inspector, 1 at $3.50. . . . . . . . . . 1,277.50 Deputy collector. . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tor, 1 at $3.50 (d). . . . . . . . . . e 1,308.75 Deputy collectors and in- spectors, 2 at $3.50. . . . . . . . . g 2,555.00 Inspectors, 7 at $3. . . . . . . . . . . e 7,655.00 Deputy collector and inspec- tor, 1 at $2.50. . . . . . . . . . . . . . . 912.50 Stenographer and typewriter, 1 at $1,000. . . . . . . . . . . . . . . . . . . 1,000.00 Deputy collector and inspec- tor, 1 at $1. . . . . . . . . . . . . . . . . . 12.00 Deputy collector and inspec- tor, 1 at $1,500. . . . . . . . . . . . e & 1,500.00 Cashier . . . . . . . . . . . . . . . . . . . . . . e 1,400.00 Deputy collector and inspec- tor, 1 at $3 (c) . . . . . . . . . . . . . 732.00 Deputy collectors, 3 at $300. . 900.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Deputy Collectors and in- Spectors, 5 at $3. . . . . . . . . . . . 5,475.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . © 1,095.00 Laborer, 1 at $2 (a). . . . . * @ e º 'º 730.00 Deputy Collector. . . . . . . . . . . . . * > 1,400.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . g 1,095.00 Deputy collectors and in- spectors, 2 at $800. . . . . . . . . © 1,600.00 Janitor, 1 at $240. . . . . . . . . . . tº º 240.00 Deputy collector. . . . . . . . . tº º e º & 1,800.00 Deputy collectors and in- spectors, 5 at $3.50. . . . . . . * 6,387.50 Deputy collector, 1 at $900... 900.00 Deputy Collector. . . . . . . . . . . dº º º 1,600.00 Deputy collector. . . . . . . . . . . . . . 1,200.00 Deputy collectors and in- spectors, 2 at $3. . . . . . . . . . . . 2,190.00 Deputy collectors, 3 at $3.... 3,285.00 Deputy collector, 1 at $2. . . . . 730.00 Deputy collector, 1 at $600. . 600.00 Deputy collector, 1 at $800. . . 800.00 Deputy collector, 1 at $3. . . . . 1,095.00 Deputy collector, 1 at $800. . . 800.00 Inspectors, 3 at $3... . . . . . . . . 3,285.00 Deputy collector, 1 at $2.50. . 912.50 -Inspector, 1 at $3. . . . . . . . . . . tº º 1,095.00 Inspector, 1 at $3. . . . . . . . . . . . ſº 1,095.00 Deputy collectors, 8 at $3.... 8,760.00 Deputy collectors and in- Spectors, 4 at $3. . . . . . . . . . . tº 4,380.00 Laborer, 1 at $2. . . . . . . . . . . . . . 730.00 Deputy collectors, 2 at $3... 2,190.00 97,632.75 Compensation . . . . . . . . . e e º g º º e 97,632.75 Rents and contingent. . . . . . . . 4,777.00 Total . . . . . . . . . . . . . . . . . . . . . 102,409,75 DISTRICT OF ROCHESTER Collector . . . . . . . . . . . . . . . . . . . . . $ 4,500.00 Deputy Collector. . . . . . . . . . . . . . 2,000.00 Deputy Collector. . . . . . . . . . . . . . 1,600.00 Deputy collectors, 2 at $1,400 2,800.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collectors and in- spectors, 4 at $1,200. . . . . . . e 4,800.00 Deputy collector and inspec- tor, 1 at $8 (C) . . . . . . . . . . . . . . 456.00 Deputy collector and in Spec- tor, 1 at $3 (c) . . . . . . . . . . . . . 730.00 Storekeeper, 1 at $900 (d).... 900.00 Laborer, 1 at $2 (a). . . . . . . . . . 730.00 Deputy collector and store- keeper, 1 at $300 (d). . . . . . e 300.00 Deputy collectors, 2 at $300.. 600.00 Deputy Collector. . . . . . . . . . . . . . 2,000.00 Total * * * g e º gº tº e º e º 'º a tº e º ºs e e is Compensation Rent and contingent. . . . . . . . . Total e e º e º e º e º tº e s e º tº e º e º e º e Deputy collector...............; 1,400.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . g 1,200.00 Deputy collector, 1 at $3.50.. 1,277.50 Deputy collectors and in- Spectors, 2 at $1,200......... 2,400.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . . 1,095.00 Deputy collector, 1 at $3 (c) 730.00 Deputy collector, 1 at $3 (c) 730.00 Deputy Collector. . . . . . . . . . . . . . 2,000.00 Deputy Collector. . . . . . . . . . . . . . 1,400.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collectors and in- Spectors, 4 at $3 (c.)........ 2,920.00 Deputy collector and inspec- tor, 1 at $50 (c g).......... 400.00 Deputy collectors, 2 at $4... 2,920.00 Total . . . . . . . . . . . . . . . . . . . . . . 43,688.50 Compensation .......... tº e e º e e 43,688.50 Rents and contingent........ . 2,232.00 Total ....... * * * * * g º e º ºs º ºs º º 45,920.50 DISTRICT OF BUFFALO Collector ................ . . . . . $ 6,000.00 Deputy Collector. ........... 2,500.00 Deputy collector.............. 2,000.00 Clerk . . . . . . . . . . . . . . . © tº tº e º e 1,800.00 Cashier .................... * * * 1,800.00 Deputy collector.......... * * tº e 1,600.00 lerk . . . . . . . . . . . . ............. 1,600.00 Deputy collectors, 2 at $4... 2,920.00 Inspectors, 2 at $4 (d). . . . . . . 2,920.00 Deputy collectors, 2 at $1,200 2,400.00 Clerks, 2 at $1,400..... $ tº e º 'º e º 2,800.00 Clerks, 2 at $1,200......... § 2 º' 2,400.00 Inspector, 1 at $3.50.......... 1,277.50 Deputy collector, 1 at $3.50 1,277.50 Deputy collectors, 3 at $3.... 3,285.00 Inspectors, 18 at $3......... e 19,710.00 Inspectors, 2 at $3 (d)...... g 2,190.00 Inspectors, 9 at $3 (d). . . . . . . . 2,538.00 Storekeepers, 4 at $1,100 (d) 4,400.00 Storekeeper, 1 at $1,100...... 1,100.00 Clerk, 1 at $1,100......... tº e º 'º 1,100.00 Clerk, 1 at $1,100...... & e º ºs º is tº º 1,100.00 Clerk, 1 at $1,095............. 1,095.00 Stenographer and typewrit- ers, 2 at $1,000........... * * > 2,000.00 Messenger, 1 at $800......... e 800.00 Laborers, 2 at $720........... 1,440.00 Deputy Collector and inspec- tor, 1 at $25 (g) . . . . . . . . . . . . 300.00 Deputy collector, 1 at $300 (d) 300.00 Inspector, 1 at $300......... * 300.00 Appraiser ............... * & e - © 3,000.00 Appraiser . . . . . . . . . . . . . . . . . . . . 1,600.00 Clerk, 1 at $1,200............. 1,200.00 Opener and packer, 1 at $900 900.00 Deputy Collector.............. 1,400.00 Deputy Collector.............. 1,300.00 Deputy Collector.............. 2,500.00 Deputy Collector. . . . . . . . . . . . . . 1,600.00 Deputy collector and cashier 1,500.00 Deputy Collector............. e 1,400.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . ſº 1,400.00 Storekeeper, 1 at $1,400 (d). . 1,400.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tors, 3 at $3.50. . . . . . . . . . . . . . 3,832.50 Storekeeper, 1 at $1,200 (d).. 1,200.00. Deputy collector.............. 1,200.00 Inspectors, 33 at $3......... e 36,135.00 Inspectors, 6 at $3 (c)...... © tº 4,392.00 Inspectors, 3 at $3 (d). ....... 3,285.00 Inspector, 1 at $3 (c. d)...... 732.00 Inspector, 1 at $3......... tº º ſº 270.00 Inspector, 1 at $3 (b)........ 309.00 Deputy Collector and inspec- tors, 2 at $300. . . . . . . . . . . . . e ‘º 600.00 Inspectress, 1 at $900..... tº e ſº 900.00 Messenger, 1 at $840....... º ſº dº 840.00 Watchmen, 4 at $1. . . . . . . . . . e 4.00 Deputy collector, 1 at $3..... 1,095.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . 1,095.00 Deputy collector............. 730.00 Deputy collector, 1 at $3.... 1,095.00 153,067.50 . 153,067.50° 5,264.00 158,331.50 Ch. 1) 3 5327 COLLECTION OF DUTIES UPON IMPORTS DISTRICT OF NEW YORK Collector of Customs.........; Deputy Collector. . . . . . . . tº dº e º e º Deputy Collector. . . . . . . . . . . . . e Cashier . . . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 7 at $3,500 Deputy collector, 1 at $3,300 Deputy collectors, 6 at $3,000 Chief liquidator. . . . . . . . . . . . . e Liquidators, 2 at $2,600...... Assistant chief liquidator... Clerks, 3 at $2,800........... & Clerks, 7 at $2,700....... tº e º e de Clerks, 2 at $2,600..... tº e º e º e ºa Clerks, 7 at $2,500. . . . . . . . . . . . º Entry clerk. . . . . . . . . . . . . . . . . gº tº Entry clerk. . . . . . . . . . . . . . . • a e ∈ Entry clerks, 3 at $2,800...... Entry clerks, 15 at $2,600.... Entry clerk. . . . . . . . . . . . . . . . . . . Entry clerk........... º e e º e º 'º e Clerks, 8 at $2,400....... tº - & e º Clerk . . . . . . . . . . . . . . . . . . . . . tº º ſº tº Clerks, 6 at $2,200. . . . . . . . . . tº tº Liquidators, 16 at $2,200..... Inspectors, 90 at $6. . . . . . . . . . e Inspectors, 6 at $5.50. . . . . . e e Clerks, 26 at $2,000. . . . . . . . . . . e Liquidators, 17 at $2,000..... Gauger Clerks, 26 at $1,800. . . . . . . . . & © Liquidators, 16 at $1,800..... Clerk and acting weighers, 9 at $1,800 • e º e º e º e < e < e < * c e º e º tº dº 12,000.00 5,200.00 17,500.00 3,000.00 2,900.00 8,400.00 39,000.00 2,500.00 2,250.00 19,200.00 2,300.00 13,200.00 35,200.00 197,100.00 12,045.00 52,000.00 34,000.00 2,000.00 46,800.00 28,800.00 16,200.00 394,200.00 Inspectors, 216 at $5. . . . . . . . • * Clerks, 27 at $1,600. . . . . . . • * * * Liquidators, 17 at $1,600. . . . . . Storekeepers, 53 at $1,600 (d) Clerk and acting weigher... Assistant weighers, 115 at $4. Assistant Weighers, 3 at a s e e e º a e s e e º e º 'º a w ś s e º tº e a at $4. . . . . . . . . . . . . . . . . . . . . . . . . Assistant gaugers, 13 at $4.. Examiner of lumber, 1 at $1,500 . . . . . . . . . . . . . . . . . . . . . . . Lieutenants, 3 at $1,500..... Clerks, 5 at $1,500..... • e º 'º dº e º Scale expert. . . . . . . . . . . . . . . . . . Stenographer and typewriter Inspectors, 113 at $4. . . . . . . . . . Clerks, 39 at $1,400. . . . . . . . . . º Roundsmen, 3 at $1,400..... © Stenographer, 1 at $1,400...., Inspectresses, 5 at $3.50. . . . . . Clerks, 2 at $1,300. . . . . . . . . e tº G Roundsmen, 12 at $1,200. . . . . . Clerks, 70 at $1,200. . . . . . . . . . . Clerk e e º e e s e º 'º e s • * * * * * * * • * * * * * Clerk . . . . . . . . . . . . . . . . . . . . * * * * Guards, 87 at $1,095. . . . . . . . . . Bookbinder Foreman, 1 at $960. . . . . . . . . . . Attendants, 2 at $960. . . . . . . . Customs guards, 93 at Messengers, 6 at $960 Messengers, 2 at $940. . . . . . . . Attendant, 1 at $900. . . . . . . . . . Messenger Marine engineer. . . . . . . . . . . . . . Customs guards, 140 at $840 Messengers, 14 at $840. . . e e s e e e s a w e º 'º e e º e s e e e Stampers, 35 at $840. . . . . . . . Laborers, 2 at $720... . . . . & © tº º Inspectors, 4 at $3. . . . . . . . . . . Messenger boys, Messenger boys, 3 at $480. . . . Messenger boys, 11 at $360. . Chartmen, 6 at $0.05. . . . . . . . Laborers, 225 at $840. . . . . . . . . Laborers, 190 at $2.50 (a). . . Deputy collector, 1 at $200.. Laborers, 18 at $660. . . . . . © e º 'º Inspector, 1 at $1. . . . . . . . • & e & Naval officer. . . . . . . . . . . * * * * * * > Deputy naval Officer. . . . . . . . . . Private Secretary. . . . . . . . . e e º º Clerk . . . . . . . . . . . . . . . . . . . . . . . e - Clerks, 4 at $3,000. . . . . . . . . . . º Clerk . . . . . . . . . . . . . . . e e º (p & ſº º tº tº º Clerk . . . . . . . . . . . . . . . . . . . e tº e º 'º a Clerks, 2 at $2,600. . . . . * * * * * * * Clerks, 4 at $2,500. . . . . . . . . tº e tº Clerks, 13 at $2,400. . . . . . . . . . e Clerks, 2 at $2,300. . . . . . . . . . . © Clerk, 1 at $2,200. . . . . . . . . . . . . e Liquidators, 14 at $2,200..... Liquidators, 10 at $2,000..... Clerks, 3 at $2,000. . . . . . . . . . . Clerks, 3 at $1,800. . . . . . . . • e e is Liquidators, 9 at $1,800. . . . . . 59,200.00 4,380.00 8,760.00 18,980.00 1,500.00 4,500.00 7,500.00 1,500.00 1,500.00 164,980.00 54,600.00 4,200.00 1,400.00 6,387.50 2,600.00 14,400.00 84,000.00 1,150.00 1,100.00 140,000.00 95,265.00 1,000.00 960.00 1,920.00 89,280.00 5,760.00 109.50 189,000.66 173,375.00 2,750.00 2,700.00 5,200.00 10,000.00 31,200.00 4,600.00 2,200.00 30,800.00 20,000.00 6,000.00 5,400.00 16,200.00 [Page 853] Liquidators, 12 at $1,600.....} Clerks, 8 at $1,600 Clerks, 5 at $1,400......... º e e Liquidators, 9 at $1,400...... Liquidators, 6 at $1,200...... Clerks, 12 at $1,200........ • e gº Clerks, 34 at $1,000........ • 2 º Clerks, 2 at $840. . . . . . . . . . * * * * Liquidators, 7 at $840....... Messengers, 2 at $840....... tº Messenger boys, 2 at $600.... Messenger boys, 3 at $360... Surveyor Clerk . . . . . . . . . . . . . . . e e º e º e e © e & Clerks, 2 at §:::::::::::: Clerk, 1 at $3,000............ Deputy Surveyors, 2 at $3,000 Clerks, 2 at $2,500............ Clerks, 2 at $2,400...... • * * * * * Clerks, 17 at $2,200.......... º Clerks, 4 at $2,000............ Inspectors, 6 at $5 per diem Stenographers and typewrit- ers, 3 at $1,800....... tº e º 'º e e Clerks, 2 at $1,800...... e is a tº e e Clerks, 8 at $1,600............ Clerks, 4 at $1,400............ . Clerks, 8 at $1,200. . . . . . . . . . . . Stenographer and typewriter Clerk . . . . . . . . . . . . . . . . . . . . . . . . . Stenographers and typewrit- ers, 5 at $1,000. . . . . . . . . . . . . . Clerks, 29 at $1,000.......... : Clerks and typewriters, 5 at Messenger . . . . . . . . . . . . . . . . . . . . – Messengers, 4 at $840..... • * > gº Clerks, 4 at $840. . . . . . . . . . . . o Messenger boys, 2 at $666. ... Messenger boys, 3 at $480. ... Messenger boys, 2 at $360... Appraiser . . . . . . . . . . . . . . . . . . . . Assistant appraisers, 3 at $4,000 . . . . . . . . . . . . . . . . . . . . . . . Assistant appraisers, 6 at | $3,500 . . . . . . . . . . . . . . . . * - e º 'º e º 'º Chief clerk..... e is e º 'º e s - © e º 'º e º ºs Clerk . . . . . . . . . . . . . . . . . . . . . dº e º º Clerk . . . . . . . . . . . . . . . . . . . . . . . . . Examiners, 4 at $3,000..... tº e Examiners, 8 at $2,800...... º Examiners, 12 at $2,700. . . . . . Examiners, 2 at $2,600. . . . . . . Metallurgical chemist and a.SSayer . . . . . . . . . . . . . . . . . . . . . . Examiners, 21 at $2,500..... Examiners, 22 at $2,400...... Examiner, 1 at $2,300. . . . . . . . Examiners, 13 at $2,200...... Examiners, 2 at $2,100....... Examiners, 11 at $2,000...... Assayer, 1 at $2,400..... . tº º e tº Clerks, 2 at $2,200......... • e e Superintendent of laborers.. Polariscopist . . . . . . . . . . . . . . . . . Chemist and polariscopist. . . Examiners, 4 at $1,900. . . . . . . . Chemists and polariscopists, 4 at $1,800. . . . . . . . . . . . . . . . . . . Examiner . . . . . . . . . . . . . . . . . . e e Examiners, 14 at $1,800...... Clerk Polariscopist Stenographer and typewriter Examiners, 10 at $1,600...... Clerks, 11 at $1,600. . . . . . . . . Examiner of yachts, $15 (a) Superintendent of samplers Assistant Superintendent of Sugar Samplers. . . . . . . . . . . . . Examiners, 9 at $1,400. . . . . . . . Assistant analyst. . . . . . . . . . e e Q Clerks, 14 at $1,400. . . . . . . . . . e Foreman of CarpenterS. . . . . . Assistant analysts, 2 at $1,200 Examiners, 2 at $1,200 Clerk and examiner. . . . . . . . . . Skilled mechanic. . . . . . . . . . . . . Sugar samplers, 54 at $1,350 Clerks, 80 at 34-1 v V → • * * * * * * * * Samplers, 20 at $1,200. . . . . . . . Stenographers and typewrit- • * * * * * * g e º e s is tº e º º s e a e s a e s e e s p → • * * * * * * * * * ers, 3 at $1,200. . . . . . . . . . . . . . Foremen, 8 at $1,200.......... Elliott-Fisher machine oper- atOr Carpenters, 2 at $1,200........ Accountant and Statistician Foreman * * * * * * * * * * * * * * * * * * * * e is a s e Foremen, 2 at $1,095..... e ‘º e e lerk . . . . . . . . . . . . . . . . . . * e º 'º e º º Customs guard... • e º º e º 'º Firemen, 3 at $3........... e - tº 19,200.00 12,800.00 7,000.00 12,600.00 7,200.00 14,400.00 34,000.00 1,680.00 5,880.00 1,680.00 1,200.00 1,080.00 8,000.00 4,000.00 7,000.00 3,000.00 6,000.00 5,000.00 4,800.00 37,400.00 8,000.00 10,850.00 5,400.00 3,600.00 12,800.00 5,600.00 9,600.00 1,200.00 1,100.00 5,000.00 29,000.00 12,000.00 21,000.00 3,000.00 2,700.00 2,500.00 12,000.00 22,400.00 32,400.00 5,200.00 2,500.00 52,500.00 7,600.00 7,200.00 1,800.00 25,200.00 1,800.00 1,800.00 1,600.00 16,000.00 17,600.00 600.00 1,500.00 1,500.00 96,000.00 24,000.00 3,600.00 9,600.00 1,200.00 2,400.00 1,200.00 1,100.00 2,190.00 1,150.00 1,095.00 2,043.00 Clerks, 60 at $1,000........... $ Foremen, 6 at $1,000....... • * Stenographers and typewrit- ers, 2 at $1,000.......... * @ e Opener and packer........... Skilled mechanic............ e Customs guards, 28 at $960.. Foremen, 2 at $960. ........ tº e Messengers, 2 at $960...... tº º Clerks, 3 at $900.............. Carpenter . . . . . . . . . . . . . . . . . . . . • * * * * * c e is a s e e º e º e º e º s e e Openers and packers, 205 at $900 Clerks, 3 at $840 e Elliott-Fisher machine Oper- ators, 9 at $840 Elevator conductors, $900 * * * * * * * * * * * * * * * e g º ºn e º 'º e e Messengers, 13 at $840...... Foremen, 8 at $840. . . . . * * * ~ e Laborers, 168 at $840......... Messenger boy. . . . . . . . . . . . . . © e Messenger boy..... . . . . . . . . . . Messenger boys, Laborers, 25 at $2.50 (a)...... Deputy Collector. . . . . . . . . . . . . . Deputy collectors and Spectors, 5 at $4. . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $1,200 Inspectors, 3 at $3 (b)........ Clerk and stenographer...... Deputy Collector. . . . . . . . . . . . º c Deputy-collector.:------------.... e Deputy collector, 1 at $3.... Deputy collector, 1 at $1,095 Deputy collectors, 2 at $1,000 Inspectors, 6 at $ Clerk, 1 at $840. . . . . . . . . . . . tº º º Storekeeper, 1 at $4 (d). . . . . . Storekeeper, 1 at $1,200 (d). . Deputy collector, 1 at $1 (g) Deputy collectors and in- spectors, 3 at $3 (b) . . . . . tº º º Deputy collector.......... • * ~ e ' Deputy Collector. . . . . . . . . . . . . º Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . . Clerk and inspector, 1 at $3 Inspectors, 2 at $1,000........ Storekeeper, 1 at $4 (d). . . . . . 60,000.00 6,000.00 2,000.00 1,920.00 1,920.00 2,700.00 900.00 184,500.00 900.00 2,520.00 7,560.00 9,000.00 4,200.00 10,920.00 6,720.00 141,126.00 600.00 480.00 1,440.00 19,500.00 2,500.00 7,300.00 1,200.00 1,233.00 1,164.00 300.00 2,500.00 1,095.00 1,095.00 2,000.00 1,460.00 4,301,040.00 & © º is tº º e º ſº ſº • gº tº º º º Compensation Rents and contingent. . . . . . . . Total e e º e º e º º ºs e º e º e s - e º & © 4,301,040.00 277,737.00 . 4,578,777.00 DISTRICT OF PHILADELPHIA Collector * Deputy collectors, 3 at $3,500 Cashier Assistant cashier. . . . . . . . . . . . . Assistant cashier. . . . . . . . © tº e º e Clerk Clerks, 2 at $2,200. . . . . . . . . . . . Chief of division, 1 at $2,200 Weigher, 1 at $2,000 Clerks, 9 at $2,000. . . . . . . . . . . . Clerks, 10 at $1,800. . . . . . . . . . . Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . Superintendent night inspec- e e º e s e º e º is a º ºs e e º 'º e º 'º e • e º 'º e º º 'º - OTS . . . . . . . . . . . . . . . . . . . . . . . . e Clerks, 15 at $1,600. . . . . . . . . e - Assistant gauger. . . . . . . . . . . . º Clerk a e e s e a e e s = * * * * * * e s a º * * * * * Clerks, 13 at $1,400......... tº º Inspectors, 64 at $4. . . . . . . . . . Deputy collector and inspec- tor, 1 at $4. . . . . . . . . . . . . . . . . . Assistant weigher, 1 at $4... Clerks, 4 at $1,200. . . . . . . . . . . . Storekeepers, 14 at $1,200 (d) Assistant weighers, 31 at $1,200 Inspector . . . . . . . . . . . . . . . . . . . . . Clerk º Night inspectors, 32 at $3... Attendant * * * * * * g e • * * * * * * e e º 'º e º e e • * * s e º e s s a e e e s e a e e a e s e a e Foreman . . . . . . . . . . . . . . . . . . © º º Messengers; 2 at $900....... • Foreman, 1 at $900..... * * * e - e. Watchmen, 9 at $840.......... Messengers, 4 at $840........ Watchman, 1 at $720........ Låborers, 9 at $840........... Laborers, 25 at $720.......... Laborers, 65 at $600.......... Clerks, 3 at $840.............. 8,000.00 10,500.00 3,000.00 2,750.00 2,500.00 2,400.00 4,400.00 2,200.00 2,000.00 18,000.00 18,000.00 1,800.00 1,600.00 24,000.00 1,600.00 1,460.00 18,200.00 93,440.00 1,460.00 1,460.00 4,800.00 16,200.00 37,200.00 1,095.00 1,000.00 35,040.00 1,000.00 1,000.00 1,800.00 900.00 7,560.00 3,360.00 39,000.00 2,520.00 3 5327 (Tit. 34. collBCTION OF DUTIES UPON IMPORTs ! Naval officer. . . . . . . . . . . . . . . . . . $ 5,000.00 Deputy naval officer. . . . . . . . . 2,500.00 Clerks, 2 at $1,800...... • * * * * * * 3,600.00 Clerks, 2 at $1,600. . . . . . . . . . . . 3,200.00 Clerk, 1 at $1,400....... © e º e º 'º 1,400.00 Clerks, 5 at $1,200. . . . . . . . . . . . 6,000.00 Messenger, 1 at $900. . . . . . . . . . . . 900.00 Surveyor . . . . . . . . . . . . . . . . . * * * * * 5,000.00 Deputy Surveyor. . . . . . . . . . . . . . . 2,500.00 Clerk . . . . . . . . . . . . . . . . . . * - e s a s e 2,500.00 Clerk . . . . . . . . . . . . . . . . . . e º e º e º Gº 2,000.00 Clerk . . . . . . . . . . . . . * * * * * * * * • * * * 1,800.00 Clerks, 2 at $1,600. . . . . . . . . . . . - 3,200.00 Clerk, 1 at $1,000. . . . . . . . . . . . . . , 1,000.00 Messengers, 2 at $840. . . . . . . . . 1,680.00 Appraiser . . . . . . . . . . . . . . . . . . . . 4,000.00 Assistant appraisers, 2 at - $2,500 . . . . . . . . . . . . . . . . . . . . . . . 5,000.00 *Examiner of drugs. . . . . ... e. e. e. e. e. e. 1,800.00 Examiners, 4 at $2,200..... • * 8,800.00 Examiners, 3 at $2,000....... • 6,000.00 Chemist in Charge. . . . . . . . . . . 2,000.00 Examiners, 2 at $1,800. . . . . . . . 3,600.00 Clerks, 2 at $1,800. . . . . . . . . . . . . . 3,600.00 Chemist • - - - - - - - - - - e tº tº tº e º tº • * * * 1,800.00 Examiner . . . . . . . . . . . . . . . . . . . . . . 1,600.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . e 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . • * * * * * 1,200.00 Analytical chemist. . . . . . . . . . e 1,200,00 Superintendent ... . . . . . . . . . . . . . 1,000.00 Clerks, 2 at $1,000. . . . . . . . . . . . 2,000.00 Samplers, 8 at $1,000. . . . . e º a e 8,000.00 Sugar samplers, 4 at $1,000 - 4,000.00 Messengers, 2 at $840. . . . . . . . . 1,680.00 Openers and packers, 17 at - $840 . . . . . . . . . . . “sº e s : * * * * * * * * * * o 14,280.00 Laborers, 2 at $840. . . . . . . . • * > 1,680.00 Laborers, 25 at $720. . . . . . . . . º 18,000.00 Deputy collector, 1 at $500. . 500.00 Inspectors, 4 at $4 (b) . . . . . . . 1,460.00 Deputy Collector. . . . . . . . . . . . tº 300.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- - tor . . . . . . . . . . . . . . e º e e e s - © e º 'º e 150.00 Deputy Collector... . . . . . . . . . . . 1,800.00 Deputy collector, 1 at $3.50 1,277.50 Inspector, 1 at $3. . . . . . . . . . . . . 1,095.00 Teputy collector, 1 at $2.75 1,003.75 Deputy collector and in Spec- - tor, 1 at $300. . . . . . . . . . • e < e < * 300.00 541,531.25 Compensation . . . . . . . . . . . * * > * * 541,531.25 Rents and contingent. . . . . . tº e 24,056.00 Total . . . . . . . . . . . . . . . . . . . . . 565,587.25 DISTRICT OF PITTSBURGH Collector of customs. . . . . . . . . $ 4,500.00 Deputy Collector..... . . . . . . . . • * g . 1,800.00 Deputy collector, 1 at $4..... 1,460.00 Deputy Collector and Cashier 1,400.00 Deputy collector and inspec- - tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Clerk . . . . . . . . . . . . . . . . .* * * * * * * * º 1,200.00 Deputy collector and clerk.. 1,100.00 Inspectors, 2 at $3... . . . . . . . . . 2,190.00 Appraiser . . . . . . . . . . . . . . . . . . . . 3,000.00 Weigher and gauger, 1 at $3 1,095.00 Examiner, 1 at $1,800. . . . . . . . 1,800.00 Clerk, 1 at $1,200. . . . . . . . . ... • * * * 1,200.00 Clerk, 1 at $3..... * * * * * * * * * * * * * 1,095.00 Opener and packer, 1 at $720 720.00 Laborer, 1 at $720. . . . . . . . . . . 720.00 Deputy Collector. . . . . . . . . . . . . e 912.50 Storekeeper, 2 at $720 (d). ... 1,440.00 - Total s e e s a e e o e º e s - e < * * * * * e 26,832.50 Compensation . . . . . . . . . . . . . . • * 26,832.50 Rents and compensation. . . . . 2,748.00 Total . . . . . . . . . . . . . . © & & º 6 º' tº 29,680.50 DISTRICT OF IMARYLAND Collector of customs......... $ 7,000.00 Deputy Collector. . . . . . . . . . . . . . 300.00 Deputy collectors, 2 at $3,000 6,000.00 Clerk, 1 at $2,500. . . . . . . . . . . . . 2,500.00 Cashier, 1 at $2,500. . . . . . . . . . & 2,500.00 Weigher, 1 at $2,000. . . . . . . . . • 2,000.00 Clerks, 3 at $2,000. . . . . . . . . . . * G. 6,000.00 Clerks, 8 at $1,800. . . . . . . . . . © 14,400.00 Chief inspector, 1 at $1,800. . 1,800.00 Clerks, 5 at $1,600. . . . . . . . . . . e 8,000.00 Clerks, 6 at $1,400. . . . . . . . . . . 8,400.00 Inspectors, 33 at $4. . . . . . e tº e ∈ 48,180.00 Inspector, 1 at $4 (a d). . . . . . 1,460.00 Inspectors, 8 at $4 (b) . . . . . . . . 2,944.00 Assistant Weighers, 10 at $1,200 . . . . . . . . . . . . . . . . . . . . . . . . . 12,000.00 Clerks, 7 at $1,200. . . . . . . . . . . . 8,400.00 [Page 854] 1,277.50 Foreman, 1 at $3.50:... . . . . . ©y a Storekeepers, 3 at $1,200 (d) 3,600.00 Clerks, 6, at $1,000............ 6,000.00 Night inspectors, 21 at $3.... 22,995.00 | Inspectress. . . . . . . . . . . . . . . . • * ~ * 1,095.00 Stenographers and typewrit- ers, 2 at $1,000. . . . . . . . . . . . . . . . 2,000.00 Messengers, 10 at $840....... 8,400.00 Laborers, 9 at $840........ tº º Gº 7,560.00 Laborers, 9 at $820........... 7,380.00 Laborers, 17 at $720.... . . . . . . 12,240.00 Surveyor . . . . . . . . . . . . . . . . . . . . . . 4,500.00 Deputy. Surveyor......... tº e º e 2,500.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 2,000.00 Stenographer and typewriter" and clerk. . . . . . . - - - - - - - - - - - • * . 1,200.00 Stenographer and typewriter 1,000.00 Messenger . . . . . . . . . . . . . . . . . . . . 840.00 Appraiser . . . . . . . . . . . . . e s - e. e. e. e 3,000.00 Assistant appraiser..... we e e o a 2,500.00 Clerk . . . . . . . . . . . . . . . • * * * * * * • e e 1,800.00 Examiners, 4 at $1,800....... 7,200.00 Analytical chemist.......... & 1,800.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . • * 1,400.00 Samplers, 2 at $1,000. . . . . . . . . 2,000.00 Openers and packers, 9 at - $840 . . . . . . . . . . . . - - - - - - - - - - - - e 7,560.00 Messenger, 1 at $840. . . . . . . . . 840.00 Naval officer. . . . . . . . . . . . . .e. e. e. e. e. 5,000.00 Deputy naval Officer. . . . . . . . . o 2,500.00 Clerks, 2 at $1,800. . . . . . . . . . * * * 3,600,00 Clerks, 2 at $1,600. . . . . . . . . . & e 3,200.00 Clerk . . . . . . . . . e º e º e a e e • * e º ſº e º • * 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Clerk . . . . . . . . . . . . . . . . . . • * * * * * © 1,000.00 Messenger . . . . . . . . . . . . . . . . . • * * 84).00 Clerk, 1 at $1,200 (no). . . . . . . 1,200.00 Deputy Collector. . . . . . . . . . . . . re 1,000.00 Deputy collector and inspec- - tor . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 Examiner . . . . . . . . . . . . . . . . . • & 3 2,400.00 Electrical engineer. . . . . . . . . . © 2,250.00 Supervising tea examiner.... . 2,500.00 Deputy collector and ex- . aminer . . . . . . . . . . . . . . . . . . . . º 2,000.00 Deputy collector and inspec- OT . . . . . . . . . . . . . . . . . . . . .* * * * * * 1,800.00 Deputy collector and inspec- OT . . . . . . . . . . . . . . . . . . . . . . • * * * 1,600.00 Deputy collector and inspec- - OT . . . . . . . e s tº e º is tº & e º º º tº dº e º e e e 1,400.00 Deputy collector and inspec- - OI" . . . . . . s. • * * * * * * * * * * * * . . . . . . 1,200.00 Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . . . 1,277.50 Inspector, 1 at $3 (b) . . . . . . e G 582.00 Watchman, i at $60 (g) . . . . . . 720.00 Clerk . . . . . . . . . . . . . . . . . . . . . • e º º 1,000.00 | Laborer . . . . . . . . . . . e is e o a e e º 'º e & 720.00 Leputy Collector. . . . . . . . . . . . . . - 300.00 285,561.00 Compensation . . . . . . . . . . . • * * ~ e 285,561.00 Rents and contingent...... º e 14,041.00 Total . . . . . . . . • * e º e º & • * * * * * 299,502.00 DISTRICT OF VIRGINIA - Collector of customs. . . . . . . . . $ 5,000.00 Deputy Collector. . . . . . . . . . . . . . 2,000.00 Engineer, 1 at $75 (g). . . . . . . 900.00 Boatman, 1 at $60 (g)...... - e. 720.00 Dock hand, 1 at $40 (g). . . . . . 480.00 Boarding officer (deputy col- lector), 1 at $3.50. . . . . . . . . . . 1,277.50 Deputy collector. . . . . e º e º e º e º 'º 2,000.00 Deputy collector. . . . . . . . . . . . . . - 1,600.00 Deputy collector and cashier 1,600.00 Deputy Collector. . . . . . . . . . . . . . 1,460.00 Deputy collectors and in- - spectors, 2 at $1,400. . . . . . . 2,800.00 Deputy collectors and in- spectors, 3 at $1,200. . . . . . . e 3,600.00 Inspectors, 4 at $3... . . . . . . . 4,380.00 | Inspector, 1 at $3. . . . . . . * * * * * 1,095.00 | Clerk, 1 at $900. . . . . . . . . . . . . . . 900.00 Openers and packers, 2 at $720 . . . . . . . . . . . . • - - - - - - - - - - - - 1,440.00 Inspector and messenger, 1 - - at $720. . . . . . . . . . . . . . . . . . . . . - G 720.00 Watchman, 1 at $720. . . . . . . . . 720.00 Deputy collector and inspec- - tor, 1 at $200. . . . . . . . . . . . . . . . - 200.00 Laborers, 2 at $480. . . . . . . tº ' - 3 & 960.00 Deputy Collector. . . . . . . . . . . . . 1,800.00 Deputy Collector. . . . . . . . . . . . . . 1,500. U0 Deputy collector and inspec- . . . tor, 1 at $3.50. . . . . . . . . . . . . . 1,277.50 | Inspectors, 3 at $3. . . . . . . . . . . .e. 3,285.00 Deputy collector. . . . . . . . . . • * * * 2,000.00 Deputy collector and clerk.. 1,500.00 Deputy collector and inspec- - tor • * * * * * * * * * * * * * * * * * * * * * * * * * 1,460.00 | Deputy collector and inspec-, tor . . . . . . . . . . . . . tº e º 'º e º e e s e º e º s $ 1,095.00 Deputy Collector and inspec- tor, 1 at $240 (West Point) 240.00 Storekeeper, 1 at $720 (d). ... 720.00 Deputy collector............. & 1,800.00 Deputy collector and clerk.. 1,400.00 Deputy Collector and inspec- - tor . . . . . . . . . . . . . . . . . . . . . . . * a e 1,095.00 Storekeeper, 1 at $1,000 (d).. 1,000.00 Storekeeper, 1 at $1,100 (d).. 1,100.00 Deputy Collector.......... • * * * * 240.00 Deputy collector. . . . . . . . . . . . . . 300.00. Deputy collector (Chinco- - teague) . . . . . . . . . . . * e o 's sº e s - e º 'º 200.00 Total . . . . . . . . . . . . . . . . . . . . . 55,875.00 Compensation . . . . . . . . . . . . ..... , 55,875.00 Rents and contingent........ 6,078.00 Total • * * * * * * * * * * * * * * * * * * * * * 61,953.00 DISTRICT OF NORTH CAROLINA | Collector . . . . . . . . . . . . . . . . . . . . . $ 2,500.00. Deputy collector. . . . . . . . . . . . . . 1,600.00 Deputy collector and inspec- - tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Inspector and clerk, 1 at $3 1,095.00 Deputy Collector....... 'e e s s e s e 300.00 Deputy Collector. . . . . . . . . . . . . . .300.00 | Deputy collector and inspec- . l' . . . . . . . . . . . . . . . . ., a s a s = < * * • 300.00 Deputy collector and inspec- - - {OT • e a s • * * * * * * a • e o . . . . . . . . . . . 240.00 Total Compensation . . . . . . . . . . . . . * @ 6, 18,100.00 Rents and contingent. . . . . . . . 578.00 Total * G tº e º 'º 6 tº e º tº e º e º º & © e º º 18, 678. 00: DISTRICT OF FILORII)A - Collector of Customs. . . . . . . . . $ 6,000.00 Deputy Collector. . . . . . . . . & s º 'º º 2,500.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Deputy collector. . . . . . s e e º e º º º 1,600.00. Deputy collector. . . . . . . . . . . . . e 1,400.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . ." e 1,500.00. Cashier . . . . . . . . . . . .* e º e º e e - is © tº º 1,600.00 Clerk and inspector. . . . . . . . . . 1,300.00 Deputy collector and inspec- tor, 1 at $4. . . . . . . . . . . . . . . . . . - 1,460.00. Total . . . . . . . . . . • * * * * * * * * * * 7,735.00 Compensation . . . . . . . . . . . tº e e º e 7,735.00 Rents and contingent........ 459.00 Total • * * * * *, * * * * * * * * * * * * e º sº º 8,194.00 DISTRICT OF SOUTH CAROLINA Collector . . . . . . . . . . . . . . . e G e º a º $ 2,500.00 Deputy collector..... • e º 'º e º & e e 2,000.00. Deputy Collector. . . . . . . . . . . . e Q 1,800.00 Deputy Collector. . . . . . . . . . . * * * 1,300.00 Inspector, 1 at $4. . . . . . . . . . © . e. 1,460.00 Inspector . . . . . . . . . . . . . . . . . . . tº e 1,200.00 Inspector, 1 at $3. . . . . . . . . a • * 1,095.00 Inspector, 1 at $3 (a d). . . . . . 1,095.00 Clerks, 2 at $900. . . . . . . . . .... • * * 1,800.00 Clerk, 1 at $720. . . . . . . . . . . . . . . 720.00 Boatman, 1 at $40 (g). . . . . tº e 480.00 Engineer . . . . . . . . . . . . .e. e. e. e s a e e 720.00 Deputy Collector. . . . . * * * * * g e tº e 500.00 Deputy Collector. . . . . . . . . ‘e º 'º c 300.00. Total . . . . . . . . . . . . . . . . . . ... 16,970.00 Compensation . . . . . . . . . . . . • * * * 16,970.00 Rents and contingent..... e ‘e e 782.00 Total . . . . . . . . . . . . . . . . . . . . . . 17,752.00 HDISTRICT OF GEORGIA Collector of customs. . . . . . . . . $ 3,000.00 Deputy collector. . . . . . . • * * * * * * 2,000.00 Deputy collector. . . . . . . . . . . . tº e 1,500.00 Inspector, 1 at $4. . . . . . . . . . . º 1,460.00 Inspector, 1 at $3. . . . . . . . . tº e º 'º 1,095.00 Inspector, 1 at $3 (a). . . . . . tº e 300.00 Stenographer . . . . . . . . . . . . . . . . . 1,000.00 Storekeeper, 1 at $1,100 (a d e). . . . . . . . . . . . . . . . . . . . . . • 300.00 Messenger, 1 at $720. . . . . . . * & 720.00. Deputy collector. . . . . . . . • * * * * * 2,000.00 Deputy collectors and in- - spectors, 2 at $3. . . . . . . . . . . tº 2,190.00 Deputy Collector. . . . . . . . . . . . . º 1,200.00 Deputy collector and inspec- - tor, 1 at $3. . . . . . . . . . . - - - - - - - 1,095.00 Deputy collector, 1 at $240. . 240.00 tº e 18,100.00 Ch. 1) & 5327 COLLECTION OF DUTIES UPON IMPORTS, Total Clerk and inspector...........? 1,200.00 Deputy collector. . . . . . . . . . . e e e 1,300.00 Inspector, 1 at $3.50. . . . . . * - © - 1,277.50 Clerk, 1 at $1,000. . . . . . . . . . . . . 1,000.00 Weigher and gauger. . . . . . . . . 1,200.00 Storekeepers, 2 at $1,200 (d) 2,400.00 Clerk . . . . . . . .ºr e > * * * * * * * * * * * * * * 1,100.00 Inspectors, 2 at $3. . . . . . . . . . . * 2,190.00 Night inspectors, 3 at $2. . . . 2,190.00 Storekeeper, 1 at $900 (d). . . . 900.00 Boatman, 1 at $2. . . . . . . . . . . © e º 730.00 Engineer, 1 at $60 (g). . . . . . º 720.00 Messenger, 1 at $60 (£). . . . . . 720.00 Appraiser . . . . . . . . . . . . . . . . . . . e 2,000.00 Tobacco examiner. . . . . . . . . • gº º 2,200.00 Examiner . . . . . . . . . . . . . . . . . . . . 1,500.00 Openers and packers, 4 at $2 2,920.00 Deputy collector. . . . . . . . . . . . . . 2,500.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Tobacco examiner. . . . . . . . . . . . 1,800.00 Cashier . . . . . . . . . . . . . . . . . . . . . . e 1,400.00 Storekeeper, 1 at $1,400 (b) . . 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tor, 1 at i. a e s tº e º ſº * à l'in. 1,277.50 Deputy collectors an IIl- spectors, 2 at $8. . . . . . . . . . e e 2,190.00 Inspectors, 2 at $3 (da). . . . . 2,190.00 Inspectors, 2 at $3. . . . . . . . . . e 2,190.00 Weigher, 1 at $3. . . . . . . . . . . . . . 1,035.0% Night inspectors, 3 at $2.50. . 2,737.50 Messengel' . . . . . . . . . . . . . . . . . . . . 800.00 Engineer, 1 at $70 (g) . . . . . . . ; 840.00 Assistant storekeeper, 1 at $600 (d). . . . . . . . . . . . . . . . . . • * ~ * 600.00 Boatman, 1 at $60 (g). . . . . . . . ſº Inspector, 1–at $2–(a): . . . . . . . . – Tº- Laborers, 4 at $60 (g). . . . . . . 2,880.00 Laborer, 1 at $50 (£). . . . . . . . . 600.00 Laborer, 1 i. *ā'i s = e > * * * 400.00 OllectOr and lll:Spec- Pºty. e• * * * * * * * * * * * * * * * * * * * * * * 1,800.00 Clerk and inspector, 1 at $4.. 1,460.00 Inspectors, 2 at $3. . . . . . . . . . . . 2,190.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . * * * 1; Deputy collector. . . . . . . . . . . . . ; , ºv v * łºś. collectors, 2 at $1,400 2,800.00 Clerk . . . . . . . . . . . . . . . . . . . . . . * * * 1,200.00 Inspector, 1 at $3. . . . . . . . . . . . . 1,935.9% Inspectors, 3 at $2.50. . . . . . . . . 2,737.50 Night inspectors, 2 at $2. . . . . 1,460.00 Deputy collector, 1 at $3 (b) 273.00 Deputy collector. . . . . . . . . . . • * * 900.00 Deputy collector. . . . . . . . . . . . . . 1,000.00 Boatman, 1 at $30 (g)...: e - e º tº 360.00 Deputy collector, 1 at $500. . . 500.00 Deputy collector, 1 at $15 (g) 180.00 Deputy collector, 1 at $900... 900.00 Janitor, 1 at $5 (g) . . . . . . . . . . . 60.00 Deputy collector, 1 at $900... 900.00 Deputy collector. . . . . . . . . . . . • & 300.00 Deputy collector. . . . . . . . tº º e º 'º 6 730.00 Deputy collector. . . . . . . . e e º e º 'º 912.5% Inspector . . . . . . . . . . . . . . . . • e e º & 547.50 Inspectors, 2 at $8 (k). . . . . . . . 5,840.00 Total . . . . . . . . . . . . . . . e e e º 'º e 104,903.00 Compensation . . . . . . . . . . . . . . . . 104,903.00 ... and contingent. . . . . tº $ tº 6,167.00 Total . . . . . . . . . . . . . . e 9 e o e º e 111,070.00 DISTRICT OF MOBILE - Collector . . . . . . . . . . . . . . . . . . . . . $ 3,500.00 Deputy collector and clerk.. 1,800.00 Deputy collector and clerk.. 1,400.00 Clerks, 2 at $1,200. . . . . . . . . . . . 2,400.00 Clerk and stenographer, 1 at - $1,000 . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 Inspectors, 2 at $3. . . . . . . . . . . . 2,190.00 Inspector, 1 at $3 (a b) . . . . . . 366.00 Inspectors and clerks, 2 at $3 2,190.00 Inspector, 1 at $2.50. . . . . . . . . . 912.50 Inspector, 1 at $2.50 (a). . . . . . 912.50 Night inspectors, 3 at $2. . . . 2,190.00 Boatmen, 2 at $4.80. . . . . . . . . . 960.00 Deputy collector and inspec- Ol' . . . . . . . . . . . . . . . . . . . . . . . * * * 1,400.00 Deputy collector and inspec- tor . . . . . .. . . . . . . . . . . . . . . . . . . * * 1,400.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . 1,095.00 Deputy collector and in Spec- tor, 1 at $3. . . . . . . . . . . . . . . . . . 1,095.00 Total * * * * * * * * e e - e - e º e º & © e º e 24,811.00 Compensation . . . . . . . . . . tº ºn tº º º ſº 24,811.00 Rents and contingent. . . . . . . . 2,692.00 27,503.00 [Page 8551 DISTRICT OF NEW ORLEANS Collector of customs. . . . . . . . . $ 7,000.00 Deputy collectors, 3 at $3,000 9,000.00 Deputy Collector. . . . . . . . . . . . . . 2,500.00 Cashier . . . . . . . . . . . . . . . . . . . . . . . 2,500.00 Deputy Collector. . . . . • * e s & e º e 2,200.00 Weigher . . . . . . . . . . . . . . . . . tº e º 'º - 2,000.00 Deputy Collector and Store- keeper . . . . . . . . . . . . . . . . . . . . . . 2,000.00 Clerk . . . . . . . . . . . . tº e º e º e º 'º tº e º 'º - 2,000.00 Chief inspector. . . . . . . . . . . . . . . 2,000.00 Clerks, 2 at $1,800. . . . . . . . . . . 3,600.00 Deputy collector, 1 at $1,800 1,800.00 Clerk, 1 at $1,700. . . . . . . . . . . . . 1,700.00 Clerks, 11 at $1,600. . . . . . . . . . 17,600.00 Deputy Collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,600.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . © º 1,500.00 Inspectors, 10 at $5.50....... º 18,250.00 Inspectors, 23 at $4. . . . . . . . . . 33,580.00 Storekeepers, 4 at $1,400 (d) 5,600.00 Assistant gauger. . . . . . . . g e º 'º e 1,400.00 Clerks, 9 at $1,400. . . . . . . te e º tº e 12,600.00 Clerk, 1 at $1,300. . . . . . . . . . . . 1,300.00 Clerks, 5 at $1,200. . . . . . . . . . . . 6,000.00 Assistant Weighers, 16 at l $1,200 . . . . . . . . . . . . . . . . . . . . . . . 19,200.00 Assistant weighers, 3 at $1,200 (a). . . . . . . . . . . . . . . . . . . . 3,600.00 Night inspectors, 23 at $3.... 25,185.00 Clerks, 2 at $1,100. . . . . . . . . . . º 2,200.00 Inspectors, 18 at $3......... e 19,710.00 Clerks, 6 at $1,000. . . . . . . . . . . . 6,000.00 Stenographers and typewrit- ers, 3 at $1,000. . . . . . . . . . . . . . 3,000.00 Keeper of scales, 1 at $1,000 1,000,00- Inspectresses, 2 at $1,000.... 2,000.00 Foreman, 1 at $1,000....... tº º 1,000.00 Clerk, 1 at $900. . . . . . . . . . . . . . . 900.00 Boatman, 1 at $840. . . . . . . . . . 840.00 Opener and packer, 1 at $840 840.00 Clerk, 1 at $840. . . . . . . . . . . . . . 840.00 Messengers, 5 at $720........ 3,600.00 Elevator conductor, 1 at $720 720.00 Laborers, 4 at $720... . . . . . . . . 2,880.00 Laborers, 9 at $600. . . . . . . . . • & © 5,400.00 Naval officer. . . . . . . . . . . . . e e º tº º 5,000.00 Deputy naval officer. . . . . . . • * 2,500.00 Clerks, 3 at $1,800. . . . . . • * * * * * 5,400.00 Clerks, 2 at $1,600....... e e º º º 3,200.00 Clerk, 1 at $1,000. . . . . . . tº ſº º e º e 1,000.00 Messenger, 1 at $720........ © 720.00 Appraiser . . . . . . . . . . . • e e s e º e º & 3,000.00 Assistant appraisers, 2 at 2,900 . . . . . . . . . . . . . . . . . . . . . . . 5,000.00 Examiner of drugs. . . . . . . . . . . 1,000.00 Examiner . . . . . . . . . . . . . . . . . . . . 2,000.00 Examiner, 1 at $1,900. . . . . . . . 1,900.00 Assistant examiner of drugs, 1 at $1,800. . . . . . . . . . . . . . . . . . . 1,800.00 Examiners, 4 at $1,800. . . . . . . . 7,200.00 Examiner, 1 at $1,400. . . . . . . . . 1,400.00 Clerk, 1 at $1,800. . . . . . . . e e º e Q 1,800.00 Clerk, 1 at $1,500. . . . . . . . . . . . 1,500.00 Stenographer and typewriter 1,200.00 Clerks, 3 at $1,000. . . . . . . . . . . . 3,000.00 Samplers, 2 at $1,000. . . . . . . . 2,000.00 Openers and packers, 8 at $840 . . . . . . . . . . . . . . . . . . . . . . . . . 6,720.00 Sugar samplers, 20 at $840... 9,800.00 Messengers, 2 at $720... . . . . . 1,440.00 Laborers, 4 at $720... . . . . . . . . 2,880.00 Laborers, 8 at $600. . . . . . . . . . 4,800.00 Deputy collector, 1 at $1.50, . 300.00 Deputy Collector. . . . . . . . . . * * * * 1,000.00 Surveyor . . . . . . . . . . . º e º e e is tº gº º tº 3,500.00 Deputy Survey Or. . . . . . . . e º ºs º º 2,500.00 Clerk . . . . . . . . . . . . . . . . . . . . . 0 e º tº 1,800.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,500.00 Messengers, 2 at $720. . . . . . . . 1,440.00 324,955.00 Compensation . . . . . . . . . . . tº e º 'º 324,955.00 Rents and contingent. . . . . . . . 25,142.00 Total . . . . . . . . . . . . . . . . . . . . . 350,097.00 DISTRICT OF SABINE, TEX. Collector . . . . . . . . . . . . . . . . . . . . . 3,000.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,800.00 Deputy Collector. . . . . . . . . . . . . 1,400.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . º 1,095.00 Inspectors, 2 at $3... . . . . . . . . . 2,190.00 Boatman, 1 at $900. . . . . . . . . . . . 900.00 10,385.00 Compensation . . . . . . . . . • e º º tº e > 10,385.00 Rents and contingent. . . . . . . . 797.00 Total e e e º e e e º a e º dº e º e º e º e º º 11,182.00 DISTRICT OF GALVESTON, TEX. Collector . . . . . . . . . . . . . . . . . . . . . . $ Deputy Collector. . . . . . . . . . . . . . Deputy Collector. . . . . . . . . . . . . . Cashier . . . . . . . . . . . . . . . . . . . . . . . Chief inspector, 1 at $5.50 (f) Clerks, 3 at $1,800....... © tº º & e Examiner, 1 at $4.50. . . . . . . . . Clerk Deputy collector and inspec- tor, 1 at $4.50. . . . . . . . . • * * * * * Inspectors, 10 at $4. . . . . . . . . . Assistant Weigher and ad- measurer, 1 at $4. . . . . . . . . . • * * e e s e is e e s e e º e s e º ºs e º e s e © Examiner, 1 at $4:..... & e s & e & Storekeeper, 1 at $1,400 (d)... Clerks, 2 at $1,400........ tº e º 'º Inspectors, 10 at $3......... * * Night inspectors, 8 at $3..... Night inspector, 1 at $3 (a) Captain-boatman, 1 at $90 (g) Boatman and Searcher, 1 at $3. . . . . . . . . . . . . . . . . . . . . . . . . Clerk and inspectress, $1,000 . . . . . . . . . . . . . . . . . . . . . . . Engineer-boatman, 1 at $75 (g) Opener and packer, 1 at $840 Deputy Collector. . . . . . . . . . . . . . Deputy collector, 1 at $1 (g) Deputy Collector... . . . . . . . . . . . Mounted inspector, 1 at $4 (e) Clerk and storekeeper, 1 at • * * * e º e º 'º - e º e º ºs e º a e º e s e $1,200 . . . . . . . . . . . . . . . . . . . . . . . . Deputy collector, 1 at $1,500 Night inspector, 1 at $3. . . . . . Deputy collector, 1 at $1,200 1 at 5,000.00 3,000.00 2,250.00 2,250.00 2,007.00 5,400.00 1,642.50 1,600.00 1,642.50 1,460.00 1,460.00 1,460.00 1,400.00 2,800.00 10,950.00 8,760.00 1,095.00 1,080.00 1,095.00 1,000.00 900.00 900.00 840.00 1,200.00 1,200.00 1,500.00 1,095.00 1,200.00 Total tº tº º e º 'º - © • * * * * * * * * * * * * 70,919.50 Compensation . . . . . . . . . . . . . . . . 70,919.50 Rents and Contingent...... tº e 9,751.00 Total . . . . . . . . . . . . . . . . . . . . . 80,670.50 DISTRICT OF LAREDO, TEX. Collector . . . . . . . . . . . . . . . .. . . . . $ 3,600.00 Deputy collector . . . . . . . . . . . . . 1,800.00 Cashier . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Inspectors, 6 at $3...... dº e º 'º e 6,570.00 Deputy collectors and in- Spectors, 2 at $3. . . . . . . . . . . . 2,190.00 Inspector, 1 at $3. . . . . . . . . . . . 1,095.00 Janitor and messenger, 1 at $2. . . . . . . . . . . . . . . . . . . . . . . . . 730.00 Mounted inspectors, 4 at $4 (e). . . . . . . . . . . . . . . . . . . . . . . . 5,840.00 Deputy collectors, 2 at $1,800 3,600.00 Mounted inspectors, 6 at ©) . . . . . . . . . . . . . . . . . . . . . . . . . 8,760.00 Clerk, 1 at $1,200. . . . . . . . . tº e º º º 1,200.00 Inspectress, 1 at $3........ tº º ºs 1,095.00 Inspector, 1 at $3 (d). . . . . . . . º 1,095.00 Clerk, 1 at $1,000. . . . . . . . . . . . . 1,000.00 Deputy collector, 1 at $1,800 1,800.00 Mounted inspectors, 10 at e) - - - - - - - - - - - - - - - - - - - - . . . . 14,600.00 Deputy collector and inspec- tor, 1 at $4 (e).............. 1,460.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Inspectors, 2 at $3. . . . . . . . . . . 2,190.00 Deputy collectors and in . Spectors, 2 at $3... . . . . . . . . . 2,190.00 Stenographer and typewriter 1,000.00 Messenger . . . . . . . . . . . . . . . . . . . . 900.00 Inspectresses, 3 at $2........ 2,190.00 Mounted inspectors, 4 at - $4 (e). . . . . . . . . . . . . . . . . . . . . . . . 5,840.00 Deputy Collector and Inspec- tor, 1 at $4 (e)... . . . . . . . . . . . 1,460.00 Mounted inspector, 1 at $4 (e) 1,460.00 Deputy collector, 1 at $4 (e) 1,460.00 Mounted inspectors, 3 at $4 (e) 4,380.00 Deputy Collector, 1 at $4 (e) 1,460.00 Mounted inspectors, 2 at $4 (e) 2,920.00 Deputy Collector, 1 at $4 (e) 1,460.00 Total . . . . . . . . . . . . . . . . . . . . . 87,645.00 Compensation . . . . . . . . . . . • & © as e 87,645. 00 Rents and contingent. . . . . . . . 1,532.00 Total . . . . . * * * * * * * * * * * * * * * * 89,177.00 DISTRICT OF EL PASO, TEX. - Collector . . . . . . . . . . . . . . . . . . . . . $ 4,500.00 Deputy collector. . . . . . . . . . . . gº º 2,200.00 Inspector and examiner..... Q 1,800.00 Deputy collector......... e e o a e 1,600.00 Cashier • * * * * * * * * * * * * * * * * * * * * * * 1,500.00 & 5327. (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS Total e e e º e • e e e o e º e o e º 'º e º e & * Mounted inspectors, 18 at $4 (e)... . . . . . . . . . . . . . . . . . . . . . .3 26,280.00 . Inspector, 1 at $4... . . . . . . © tº tº º 1,460.00 Clerks, 3 at $1,400. . . . . . . . . . © -> 4,200.00 Superintendent of inspec- tors, 1 at $4.50 (e)... . . . . . . º 1,642.50 Deputy collector and inspec- tor, 1 at $1,400. . . . . . . . . . . . . 1,400.00 Storekeeper, 1 at $1,400 (d). . 1,400.00 Sampler and assistant store- keeper, 1 at $1,400 (d). . . . . 1,400.00 Ore sampler, 1 at $1,400 (d) 1,400.00 Inspector and assistant ex- aminer, 1 at $1,400. . . . . . . . . 1,400.00 Storekeeper, 1 at $1,200 (d) 1,200.00 Ore sampler, 1 at $1,200 (d) 1,200.00 Stenographer and typewrit- er, 1 at $1,200. . . . . . . . . . . . . tº - 1,200.00 Inspectors, 9 at $3. . . . . . . . . tº tº 9,855.00 Night inspectors, 2 at $3.... 2,190.00 Clerk, 1 at $1,000. . . . . . . . . . . . 1,000.00 Inspectresses, 2 at $3. . . . . . . . 2,190.00 Opener and packer, 1 at $720 720.00 Deputy collector, 1 at $4 (e) 1,460.00 Mounted inspectors, 4 at $4 (e). . . . . . . . . . . . . . . . . . . . . . . . 5,840.00 Total . . . . . . . . . . . . . . . . . . . . . 79,037.50 Compensation . . . . . . . . . . . . . © º e 79,037.50 Rents and contingent. . . . . . . . 2,626.00 Total . . . . . . . . . . . . . . . . . e e º e 81,663.50 DISTRICT OF EAGLE PASS, TEX. Collector . . . . . . . . . . . . . . . . . . . . . 4,000.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Deputy collector and inspec- tor, 1 at $4 (d). . . . . . . . . . . . . 1,460.00 Mounted inspectors, 9 at $4 (d). . . . . . . . . . . . . . . . . . . . . . . 13,140.00 Cashier, 1 at $1,400. . . . . . . . . . 1,400.00 Clerk and storekeeper, 1. at $3. . . . . . . . . . . . . . . . . . . . . . e - tº 1,095.00 Inspectors, 5 at $5. . . . . . . . . . . 5,475.00 Messenger, 1 at $1.50. . . . . . . . 547.50 Laborer, 1 at $1.50. . . . . . . . . . . 547.50 Mounted inspectors, 4 at $4 (e) . . . . . . . . . . . . . . . . . . . . . . . 5,840.00 Deputy collector, 1 at $4 (e) 1,460.00 Mounted inspectors, 2 at €) . . . . . . . . . . . . . . . . . . . . . . . . 2,920.00 Deputy collector, 1 at $4 (e) 1,460.00 Total . . . . . . . . . . . . . . . . . . . . . 41,145.00 Compensation . . . . . . . . . . . . . . . . 41,145.00 Rents and contingent. . . . . • * 2,854.00 Total . . . . . . . . . . . . . • e º e º e º 'º' 43,999.00 DISTRICT OF ARIZONA Collector . . . . . . . . . . . . . . . . . . . . . 3,500.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Cashier . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Deputy collector and clerk.. 1,200.00 Deputy collector and inspec- - tor, 1 at $3.50. . . . . . . . . . . . . . . 1,277.50 Stenographer and Clerk. . . . . . 1,200.00 Inspectors, 4 at $3. . . . . . . . . . ſº 4,380.00 Mounted inspectors, 5 at $4 (e). . . . . . . . . . . . . . . . * * * * * * * * 7,300.00 Watchman-inspectors, 3 at $3 3,285.00 Janitor, 1 at $60 (g) . . . . . . . . . . 720.00 Inspectress, 1 at $2. . . . . . . . . . 730.00 Deputy Collector. . . . . . . . . . . tº º - 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Mounted inspectors, 2 at $4 (e). . . . . . . . . . . . . . . . . . . . . . . . 2,920.00 • Deputy collector and inspec- tor, 1 at $4 (e) . . . . . . . . . . . . 1,460.00 Mounted inspector, 1 at $4.. 1,460.00 Deputy collector and inspec- tor, 1 at $3.50 (f). . . . . . . . . . 1,277.50 Mounted inspector, 1 at $4 (e) 1,460.00 Deputy collector and inspec- tor, 1 at $1,400. . . . . . . . . . . . . 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Watchman-inspector, 1 at • tyvy • e s = e s = e < * * * * * * * * * * * * * * * 1,277.50 Mounted inspector, 2 at $4 (e) 2,920.00 Total e e e s e º e º ºs e º e º 'º e º e º 'º e º 44,767.50 Compensation . . . . . . . . . . . . & e º & 44,767.50 Rents and contingent. . . . . . . . 3,426.00 48,193.50 DISTRICT OF SOUTHERN CALIFORNIA Collector of Customs. . . . . . . . . Deputy collector. . . . . . . . . . . . . . Chief examiner. . . . . . . . . . . . . . . 5,000.00 2,000.00 1,800.00 IPage 856] Examiner Deputy collector and clerk.. Weigher and gauger, 1 at $3.50 ... . . . . . . . . . . . . . . . . . . . . . . Pºpº collectors and clerks, 3, e - e º 'º & e º e º a tº º e º 'º e º 'º Clerks, "2" at $1,200............. Storekeepers, 2 at $1,200 (d) Examiner, 1 at $1,200........ Clerks, 2 at $1,100......... tº º º Clerks, 2 at $1,000..... tº e & © tº º Inspectors, 7 at $3 Inspector, 1 at $3 (a). . . . . . . . Assistant weigher and gaug- er, 1 at $3. . . . . . . . . . . . . . . . . . Clerk and $1,000 Sampler, 1 at $900. . . . . . . . . . . . ogº and packers, • a s is a e < * * * s s e º e º e º e º º e - Messenger, 1 at $840. . . . . . . . º Night inspectors, 2 at $840. . Inspector, 1 at $1 per month Deputy collector and clerk Inspector, 1 at $3........... e Deputy collector. . . . . . . . . . . . . Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . º Clerk . . . . . . . . . . . . . . . . . . . . . . . . © Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . . . Deputy collectors and in- spectors, 2 at $1,200...... tº e Inspectors, 3 at $3 (a). . . . . . . Watchmen, 3 at $3. . . . . . . . . . . Boatman, 1 at $60 per month Deputy collector, 1 at $4 (e) Mounted inspectors, 2 at $4 (e). . . . . . . . . . . . . . . . . . . . . . . . Deputy collector and inspec- tor (train), 1 at $3 Deputy collectors and Spectors, 2 at $4 (e)........ Deputy collectors and i spectors, 2 at $4 (e)....... Inspectress, 1 at $3 Deputy collector and inspec- tor, 1 at • e a e s tº º e * * * * * * * * * º sº e e º e º e º 'º e s e º 'º e 1,600.00 1,400.00 1,277.50 3,600.00 2,400.00 2,400.00 1,200.00 1,095.00 1,095.00 1,000.00 900.00 1,680.00 1,095.00 2,000.00 1,400.00 1,400.00 1,277.50 2,400.00 3,285.00 720.00 1,460.00 2,920.00 1,095.00 2,920.00 2,920.00 1,095.00 1,460.00 74,777.00 Total e tº e g º ſº tº e tº º ºr tº e & e º 'º e º º Compensation . . . . . . . . . . . . . . . . 74,777.00 Rents and contingent. . . . . tº e - 9,356.00 Total . . . . . . . . . . . . . . . . . . . . . 84,133.00 DISTRICT OF SAN FRANCISCO Collector . . . . . . . . . . . . . . . . . . . . . t 7,000.00 Deputy collectors, 2 at $3,500 7,000.00 Deputy collector, 1 at $3,000 3,000.00 Deputy Collector. . . . . . . . . . . . . . 3,500.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 2,500.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . te 2,400.00 Cashier . . . . . . . . . . . . . . . . . . . . . . º 2,250.00 Clerks, 2 at $2,200............ 4,400.00 Clerks, 5 at $2,000. . . . . . . . . tº e 10,000.00 Gauger, 1 at $2,000. . . . . . . . . . © 2,000.00 Weigher, 1 at $2,000........ º 2,000.00 Inspectors, 20 at $5. . . . . . . . . . 36,500.00 Clerks, 12 at $1,800. . . . . e g g º º e 21,600.00 Clerks, 8 at $1,600. . . . . . . . . . . . 12,800.00 Inspectors, 21 at $4. . . . . . . . . . 30,660.00 Assistant gauger, i at $1,400 1,400.00 Assistant weighers, 25 at $4 36,500.00 Clerks, 9 at $1,400. . . . . . . . . . . . 12,600.00 Deputy collector, l at $1,400 1,400.00 Storekeepers, 7 at $1,400 (d) 9,800.00 Storekeeper, 1 at $1,400 (a d) 1,400.00 Clerks, 7 at $1,200. . . . . . . . . . . 8,400.00 Deputy collector and clerk.. 1,200.00 Stenographer and type Writer 1,200.00 Assistant chemist. . . . . . . * @ e º º 1,200.00 Clerks, 3 at $1,000. . . . . . e tº e º e e 3,000.00 Clerk and messenger. . . . . . . . 1,000.00 Inspectors, 24 at $3. . . . . . . . . . © 26,280.00 Inspectresses, 2 at $3. . . . . . . . . 2,190.00 Customs guards, 20 at $960. . 19,200.00 Messenger, 1 at $900. . . . . . . . . 900.00 Opener and packers, 2 at $840 . . . . . . . . . . . . . . . . . . . . . . . . . 1,680.00 Customs guards, 18 at $840.. 15,120.00 Clerks, 4 at $840. . . . . . . . . . . . . 3,360.00 Laborers, 46 at $840. . . . . • e º - - 38,640.00 Messengers, 6 at $840. . . . . . . . e 5,040.00 Customs guards, 2 at $780. . . 1,560.00 Laborers, 29 at $0.40 (a g). . 24,360.00 Customs guards, 10 at $720.. 7,200.00 Naval officer. . . . . . . . . . . . . . . * G --> 5,000.00 Deputy Naval officer. . . . . . . . . 3,000.00 Clerk, 1 at $1,800. . . . . . . . . . . . o 1,800.00 Clerks, 6 at $1,600. . . . . . . . . . . . 9,600.00 Clerks, 3 at $1,400. . . . . . . . . . e tº 4,200.00 Clerks, 2 at $1,200. . . . . . . . . . . . 2,400.00 Clerk, l at $1,000. . . . . . . . . . . . 1,000.00 Surveyor . . . . . . . . . . . . . . . . . . . . . .5 5,000.00 Deputy Surveyor. . . . . . . . . . . . . e 2,700.00 Clerk . . . . . . . . . . . . . . . . . * * * * * * * * 2,200.00 Clerk, 1 at $1,800......... * * * * 1,800.00 Clerk, 1 at $1,460. ........... 1,460.00 Clerk and stenographer, 1 at $1,200. . . . . . . . . . . . . . . . tº e º º º 1,200.00 Appraiser . . . . . . . . . . . . . . . . . . . . . 4,000.00 Assistant appraisers, 2 at $2,500 . . . . . . . . . . . . . . . . . . . . . . . 5,000.00 Special examiner of drugs. . 2,500.00 Chief examiner, 1 at $2,500 2,500.00 Examiner, 1 at $2,400. . . . . . • 2,400.00 Examiners, 2 at $2,200..... sº gº 4,400.00 Examiners, 2 at $2,000..... tº ſº tº 4,000.00 Clerk, 1 at $2,000. . . . . . . . . . * @ tº 2,000.00 Examiners, 3 at $1,800...... e 5,400.00 Examiners, 4 at $1,600...... e 6,400.00 Chemist, 1 at $1,400..... tº a tº º 1,400.00 Examiners, 2 at $1,400....... 2,800,00 Clerks, 2 at $1,200. . . . . . . . . . . º 2,400.00 Stenographer and typewrit- er, 1 at $1,200. . . . . . . . . . . . . . . 1,200.00 Samplers, 2 at $1,200. . . . . . . . º 2,400.00 Foreman, 1 at $1,100. . . . . . . . . 1,100.00 Classified employee, 1 at $840 840.00 |Elevator conductor, 1 at $840 840,00 Laborers, 18 at $840........ e 15,120.00 Messenger, 1 at $840. . . . . . . . . 840.00 Openers and packers, 9 at $840 . . . . . . . . . . . . . . . . . . . . . . . . © . 7,560.00 Deputy Collector. . . . . . . . . . . . . . 1,400.00 Deputy collector and inspec- tor, l at $3. . . . . . . . . . . . . . . . . 1,095.00 Total . . . . . . . . . . . . . . . . . . . . . 491,195.00 Compensation. . . . . . . . • e º ºs e º tº a tº 491,195.00 Rents and contingent. . . . . . . e 47,557.00 Total . . . . . . . . e g º º e e º e º ſº e º 'º' 538,752.00 DISTRICT OF OREGON Collector . . . . . . . . . . . • * * * * * * * * * $ 4,500.00 Deputy Collector. . . . . . . . . . . . . . 3,000.00 Cashier . . . . . . . . . . . . & © tº e º e s tº e º 'º 2,200.00 Inspector, 1 at $5. . . . . . . . . . . . 1,825.00 Deputy collectors, 2 at $1,600 3,200.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,500.00 Assistant weighers, 2 at $4.. 2,920.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . tº º 1,200.00 Stenographer . . . . . . . . * * * * * * * * * 1,200.00 Inspectors, 7 at $3.50....... tº e 8,942.50 Inspectors, 4 at $3.50 (a). ... 5,110.00 Messenger . . . . . . . . . . . . . . . . . . . e 1,000.00 Night inspectors, 5 at $3.... 5,475.00 Night inspectors, 2 at $3 (a) 2,190.00 Engineer . . . . . . . . . . . . . . . . . . . . . 900.00 Opener and packer, 1 at $840 840.00 Laborers, 3 at $840. . . . . . . . . . . 2,460.00 Stenographer and typewrit- er, 1 at $840. . . . . . . . . . . . . . . º 840.00 Appraiser . . . . . . . . . . . . & E e º 'º e º º 3,000.00 Chief examiner. . . . . . . s & e s & ſº e º 1,800.00 Examiner . . . . . . . . . . . • a s e s tº e º e 1,500.00 Examiner . . . . . . . . . . . . . . . . . . . e 1,200.00 Openers and packers, 2 at 840 . . . . . . . . . . . . . . . . . . . . . . . . . 1,680.00 Laborers, 2 at $720. . . . . . . . . . 1,440.00 Deputy Collector. . . . . . . . . . . . . º 1,800.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . º 1,400.00 Inspectors, 2 at $3.50. . . . . . . . º 2,555.00 Inspectors, 2 at $3.50 (a). . . . 2,555.00 Wheelman, 1 at $1,200....... º 1,200.00 Engineer, 1 at $1,200. . . . . . . e - 1,200.00 Fireman, 1 at $720. . . . . . . tº e º º 720.00 Deck hand, 1 at $720. . . . . . . . 720.00 Deputy collectors, 2 at $300. . 600.00 Total . . . . . . . . e e s e º e º e º & © tº Compensation . . . . . . . . . . . . * @ e > 72,672.50 Rents and Contingent. . . . . . . . 4,986.00 Total . . . . . . . . . . . • * * * * e º sº º º 77,658.50 DISTRICT OF WASHINGTON Collector . . . . . . . . . . gº tº tº $ tº º . . . . .3 6,000.00 Deputy Collector. . . . . . . . . . . . . . 3,000.00 Deputy Collector. . . . . . . . . . . . . . 2,200.00 Cashier . . . . . . . . . . . . . . . . . . . . . . . 2,000.00 Deputy collector and exam- iner . . . . . . . . . . . . . . . . . . . . . . . . º 1,800.00 Clerk . . . . . . . . . . . e e º e s e º e º e a e - e. 1,800.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,600.00 Deputy collector and inspec- - OT . . . . . . . . . . . . . . . . . . . . . . . . . . 1,600.00 Deputy collector and exam- iner . . . . . . . . . . . . . . . . . . . . . . . . º 1,600.00 Examiner . . . . . . e e g is s e º 'º e e tº e º 'º e 1,600.00 Clerk • * * * * * * * * * * * * * * • * * * * e tº tº º º 1,500.00 Examiners, 2 at $1,500. . . . . . . 3,000.00 e 72,672.50 Ch. 1) 3 5327. COLLECTION OF DUTIES UPON IMPORTS Deputy collectors and in- Spectors, 2 at $1,400........ $ Clerk . . . . . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 2 at $1,400 Deputy Collector.............. Clerk . . . . . . . . . . . . . . . . . . ....... Deputy collectors, 2 at $1,300 lerk . . . . . . . . . . . . . . . . . . . . . . • e e Inspectors, 2 at $3.50....... e e Deputy Collector and inspec- tor, 1 at $3.50.............. o Clerk, 1 at $3.50.............. Inspectors, 10 at $3.50....... º Clerk, 1 at $1,200............ e Storekeeper, 1 at $1,200 (d).. Night inspectors, 9 at $3..... opºrs and packers, 4 at $840 . . . . . . . . . . . . . . . . . ........ Messenger, 1 at $840......... Night inspectors, 11 at $3 (not to exceed $300)........ Inspectress, 1 at $3 (not to eXceed $300)......... • e - © e º e > Laborers, 2 at $720........... Deputy collector.............. Pºty Collector and inspec- 9" . . . . . . . . . . . . . . . . . . . . . . . . . * Deputy collector and inspec- 0 tor, 1 at $3.50......... tº e º e º 'o Inspector, 1 at $3.50.......... Boatmen, 2 at $900.......... º Night inspector, 1 at $3...... Deputy collector, 1 at $3.50.. Inspectors, 3 at $3...... tº e º e º 'o Deputy collector....... e & e º e o e Tea examiner . . . . . . . . . . . . . . . . Deputy collector.............. Deputy collectors, 2 at $1,400 Deputy collectors and in- Spectors, 2 at $1,400........ Deputy collector and inspec- tor, 1 at $3.50............ * @ 9 Inspectors, 7 at $3.50........ º Night inspectors, 6 at $3..... Night inspector, 1 at $2.50.. Opener and packer, 1 at $840 Night inspectors, 5 at $3 (not to exceed $300)....... * Deputy collector.......... e e e In Spector, 1 at $3.50.......... Deputy collector, 1 at $3.50 Deputy collector, 1 at $4..... Deputy collector............ • * T}eputy collector....... e - G - e º ſe Deputy collector........... tº e e Inspectors, 3 at $3.50........ Night inspectors; 3 at $3..... Deputy collector, 1 at $4... Deputy collector, 1 at $3.50.. Deputy collector. . . . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $3.50.............. Deputy collector............. e Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . . . Inspectors, 4 at $3.50....... & ſº Deputy Collector........... tº º º Deputy Collector............ tº tº Night inspectors, 3 at $3.... Deputy Collector.............. Inspector, 1 at $3.50.......... Deputy collector, 1 at $3.50 Deputy collector, 1 at $3.50 Deputy collector, 1 at $3.50 Deputy collector, 1 at $3.50 Deputy collector.............. Deputy collector, 1 at $3.50 Deputy collector, 1 at $3.50 Deputy collector, 1 at $1,200 Total e e s e º e e e s e º e º e º e e s e Compensation ........ tº e e º 'º e º gº Rents and contingent........ - e º e º tº e tº º e º 'º e º 'º e - © e e Total IDISTRICT OF AI, ASKA Collector of Customs.......... Deputy Collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . e Deputies, 2 at $2,200....... º 40 & Deputies, 2 at $6 (a c)....... Deputy, 1 at $6 (a C d)....... Deputy, 1 at $6 (c)...... & e º º Deputies, 5 at $2,000..... © tº e e Deputies, 3 at $1,800........ & Stenographer and typewrit- er, 1 at $1,800. . . . . . . . . . . . . . . Deputy collectors and in- Spectors, 2 at $1,600..... tº ſº e Deputy, 1 at $1,400......... tº º Deputies, 10 at $4 (a c)...... Deputy, 1 at $4 (a c d)...... 2,800.00 | 1,400.00 2,800.00 1,300.00 1,300.00 2,600.00 1,200.00 2,555.00 1,277.50 1,277.50 12,775.00 1,200.00 1,200.00 9,855.00 3,360.00 840.00 3,300.00 300.00 1,440.00 1,600.00 1,400.00 1,277.50 1,277.50 1,800.00 1,095.00 1,277.50 3,285.00 3,000.00 —1,800.00– 1,500.00 2,800.00 2,800.00 1,277.50 8,942.50 6,570.00 912.50 840.00 1,500.00 1,600.00 1,277.90 1,277.50 1.277.50 1,400.00 1,095.00 1,400.00 1,277.50 5,110.00 1,400.00 1,400.00 3,285.00 1,400.00 1,277.50 1,277.50 1,277.50 1,277.50 1,277.50 1,000.00 1,277.50 1,277.50 1,200.00 ... 173,015.00 173,015.00 18,025.00 e 191,040.00 4,000.00 2,500.00 4,400.00 2,928.00 1,464.00 5,400.00 1,800.00 3,200.00 1,400.00 9,760.00 976.00 IPage 857 I Deputies, 9 at $4 (a i)....... $ 2,700.00 Deputy, 1 at $3.50 (a b) ...... 300.00 Deputy, 1 at $300 (c)....... tº e 200.00 Deputy, 1 at $1............... 1.00 Total . . . . . . . . . . . . . . . . . . . . . 52,493.00 Compensation .......... e e º e º 'º 52,493.00 Rents and contingent........ 9,297.00 Total . . . . . . . . . . . . . . . . . . . . . 61,790.00 DISTRICT OF HAWAII Collector ........ . . . . . . . . . . . . . $ 5,000.00 Chief examiner.............. e 3,500.00 Deputy Collector......... * tº e º e 3,000.00 Examiner and gauger........ 2,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . o 2,200.00 Deputy collector and cashier 2,000.00 Deputy collectors, 3 at $1,800 5,400.00 Examiners, 3 at $1,800. . . . . . . 5,400.00 Deputy collector, 1 at $1,800 1,800.00 Clerk, 1 at $1,600.......... 4 e e 1,600.00 Deputy collectors, 2 at $1,500 3,000.00 Examiners, 2 at $1,500...... º 3,000.00 Stenographer and typewrit- er, 1 at $1,400. . . . . . . . . . . . . . º 1,400.00 Weigher, 1 at $4...... * - sº e º 'º - 1,460.00 Clerk, 1 at $1,500. . . . . . . . . . . . . 1,500.00 Clerks, 2 at $1,400.......... º 2,800.00 Deputy collectors, 2 at $1,400 2,800.00 Deputy collector and inspec- tor, 1 at $4. . . . . . . . . . . . . . . . • * 1,460.00 Inspectors, 11 at $4..... tº e - © tº 16,060.00 Clerks, 3 at $1,200. . . . . . . . . . . . 3,600.00 Sampler, 1 at $1,200. . . . . . . . . . 1,200.00 Assistant gauger, 1 at $1,200 1,200.00 Inspectress, 1 at $1,200...... 1,200.00 Night inspectors, 14 at $3.. 15,330.00 Deputy collector, 1 at $900 900.00 Deputy Collector and inspec- tor, 1 at $900. . . . . . . . . . . . . . & 900.00 MeSSenger, 1 at $840.......... 840.00 Foreman of laborers, 1 at $720 . . . . . . . . . . . . . . . . . . . . . . . . 720.00 Laborers, 11 at $480. ...... e e 5,280.00 Total . . . . . . . . . . . . . . . . . . . . . 96,950.00 Compensation ............... © 96,950.00 Rents and Contingent........ 4,688.00 Total tº dº tº e º e º ſº º tº tº º e º ſº e & © tº ſº o 101,638.00 DISTRICT OF MONTAINA AIND IDAHO Collector . . . . . . . . . . . . . . . © tº a tº º º $ 3,500.00 Deputy Collector....... tº e º ſº º º 2,000.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Stenographer and typewriter 1,000.00 .Deputy Collector and inspec- tor, 1 at $4. . . . . . . . . . . . . . . . . 1,460.00 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . © tº º º 1,277.50 Inspector, 1 at $3........ © e º 'º 1,095.00 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . . . . . . 1,277.50 Deputy collector, 1 at $3.50.. 1,277.50 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . . . . . tº 1,277.50 Deputy collector, 1 at $4.... 1,460.00 Deputy collector, 1 at $4.... 1,460.00 Mounted inspectors, 2 at t- $3.50 (f). . . . . . . . . . . . . . . . . . . . © e. 2,555.00 Deputy collector, 1 at $4.... 1,460.00 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . . . . . . 1,277.50 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . . . . . . 1,277.50 Mounted inspector, 1 at $3.50 (f). . . . . . . . . . . . . . . . . . . . . . 1,277.50 27,532.50 Compensation . . . . . . . tº e e º º ſº º © º 27,532.50 Rents and contingent. . . . . . . . 2,760.00 Total e e s e e s e a e s e e e s º e º e º e is Collector of Customs. . . . . . . . . Deputy Collector. . . . . . . . . . . . . º | Deputy collector and inspec- tor, 1 at $3 (a). . . . . . . . . . . . e Deputy collectors - Spectors, 4 at $3 Deputy collectors, 2 at $3.50 e tº e º e - © tº € a e e Inspector, 1 at $3. . . . . . . . . . . . e Deputy collector, 1 at $4.... Deputy collectors and in- Spectors, 2 at $3.50 (f). . . . . 30,292.50 DISTRICT OF DATKOTA Deputy collector, 1 at $3... . . . 3,500.00 1,600.00 1,095.00 4,380.00 2,555.00 1,095.00 1,095.00 1,460.00 2,555.00 Deputy collector, 1 at $3.50 (f)........... • * tº e º e s e e s a $ 1,277.50 Deputy Collector, l at $3.50 (f).......... º © e º g º º 1,277.50 Deputy Collector, 1 at $3.50 (f).......... tº e º º e < e < e s is 1,277.50 Deputy Collector, 1 at $3.50 (f)..................... 1,277.50 Deputy Collector, 1 at $3.50 (f).......... * * * * * * * * * * s 1,277.50 Deputy Collector, 1 at: $3.50 (f). . . . . . . . . . * * * * * * * * e º e 1,277.50 Deputy Collector, l at $3.50 (f)............ © tº e e º e e - e. 1,277.50 Deputy Collector, l at $3.50 (f)..................... 1,277.50 Deputy Collector, 1 at $3.50 (f)............ * * * * * * * * * 1,277.50 Deputy collector, 1 at $3.50 (f). . . . . . . . ............. 1,277.50 Deputy Collector, l at $3.50 (f)............... tº e º e º e 1,277.50 Total • * * * e º e º e s e º e s e e s e a e s 33,387.50 Compensation ........ • e e a s gº º 33,387.50 Rents and contingent...... 1,796.00 Total ..... * c e º e º ºs e º e º ºs e e º e 35,183.50 DISTRICT OF MINNESOTA Collector ........... e e º e º º is tº e s $ 4,000.00 Deputy collector.............. 2,500.00 Deputy collector.............. 2,000.00 Deputy collectors, 2 at $1,600 3,200.00 Tea, examiner. . . . . . . . . . . . . . . . . 1,500.00- Clerk, 1 at $1,500..... e e º e a e e e 1,500.00 Inspector, 1 at $4............. 1,460.00 Deputy Collector and inspec- . tor, 1 at $4 (f)............ * 1,460.00 Clerk, 1 at $1,200............ & 1,200.00 Deputy collector............. 1,200.00 Deputy collectors and in- Spectors, 2 at $3.50 (f)..... e 2,555.00 Inspector, 1 at $3.......... e e 1,095.00 Storekeeper, 1 at $3 (d)..... 1,095.00 Clerks, 2 at $1,000........... 2,000.00 Storekeeper, 1 at $2.50 (d) 912.50 Watchman, 1 at $660........ © 660.00 Deputy Collector............ e 2,400.00 Deputy collector............. º 1,600.00 Clerk . . . . . . . . . . . . . . . . ......... 1,500.00 Deputy collector, 1 at $4*.... 1,460.00 Deputy collector............. º 1,400.00 Deputy Collector, 1 at $3.50.. 1,277.50 Inspectors, 2 at $3.......... e 2,190.00 Storekeeper, 1 at $2.50 . (d).. 912.50 Laborer, 1 at $2.............. 730.00 Total ........ e e º e g º e º ºr e º e e 41,807.50 Compensation ............ © tº e - 41,807.50 Rents and contingent........ 4,859.00 Total . . . . . . . . . . . . ......... 46,666.50 DISTRICT OF D'ULUTEI AND STUPERIOR. Collector of customs......... $ 4,000.00 Deputy Collector............. © 1,800.00 Deputy Collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,277.50 Deputy Collector, 1 at $3.50.. 1,277.50 Deputy Collectors and in- Spectors, 2 at $3 (c.)....... 1,260.00 Deputy collectors and in- Spectors, 2 at $3............ 2,190.00 Inspector, 1 at $3 (b)....... º 76.00 Storekeepers, 2 at $3 (d)..... 2,190.00 Storekeepers and inspectors, 4 at $3 (d). ................. 4,380.00 Deputy Collector and store- keeper, 1 at $75 (c d g)... 525.00 Deputy Collectors and store- keepers, 2 at $65 (c d g)... 715.00 Inspector and engineer, 1 at - $65 (b 3). . . . . . . . . . . . . . . . . . . . . 195.00 Deputy collector and inspec- tor, 1 at $1 (c g)........... 7.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Deputy collectors, 2 at $3 (d) 2,190.00 Deputy collectors and in- Spectors, 2 at $3..... • e º e º º 2,190.00 Inspectress, 1 at $2.......... 730.00 Deputy collectors, 3 at $3 (d) 3,285.00 Deputy collector, 1 at $3.50.. 1,277.50 Deputy collector, 1 at $3.50.. 1,277.50 Deputy collector and inspec- tor, 1 at $3......... tº tº tº tº e º 'º © e 1,095.00 Inspector, 1 at $3............ 1,095.00 Deputy collectors, 2 at $3.50 2,555.00 Deputy collector, 1 at $3.... 1,095.00 Inspector, 1 at $3... . . . . . '. . . . 1,095.00 1.277.50 Deputy collector, 1 at $3.50 3 5327 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS, Inspector (Lake of Woods), IPage 858] Deputy collector 1 at $0.50 (c) $ Deputy collector, 1 at $1.50. . Deputy collector, 1 at $0.75 (c) Deputy collector, 1 at $0.50 (c) Deputy collector, 1 at $1.10.. Deputy collector, 1 at $0.50 (c) Deputy Collector. . . . . . . . . . . . . . Deputy collector, 1 at $4.... Deputy collectors and in- Spectors, 4 at $4. . . . . . . . . . . . Deputy collector, 1 at $1,400 Deputy collectors and in- spectors, 3 at $3.50. . . . . . . . e Deputy Collector, 1 at $3. . . . Deputy collectors and in- Spectors, 3 at $3. . . . . . . . . . . . Inspector, 1 at $3. . . . . . . . . . . º Inspectress, 1 at $3. . . . . . . . . . Opener and packer, 1 at $2.50 Clerk, 1 at $2. . . . . . . . . . . . . . . . . Deputy Collector and inspec- tor, 1 at $5 (c d g). . . . . . . . . Deputy collector and inspec- tor, 1 at $1 (d g). . . . . . . . . . . Deputy collector, 1 at $5 d g). . . . . . . . . . . . . . . . . . . . . . . . . Deputy collector, 1 at $5 (c d g). . . . . . . . . . . . . . . . . . . . • - Janitress, 1 at $15 (g). . . . . . . Deputy collector, 1 at $3..... Opener and packer, 1 at $2.50 (e)... . . . . . . . . . . . . . . . . . . . . Deputy collector, 1 at $0.80 (c) Deputy collector, 1 at $3 (c) Deputy collector, 1 at $1 (c) Deputy collector, 1 at $2.... Deputy collector, 1 at $0.75 (c). Deputy collector, 1 at $3..... Deputy Collector and in Spec- tor, 1 at $1 (g) . . . . . . . . . . . . . Deputy collector, 1 at $0.50 (c) Deputy collector, 1 at $0.40 spectors, 3 at $1 (c d g)... Deputy collector, 1 at $900.. Deputy collector, 1 at $1..... Deputy collector, 1 at $50 (c g). . . . . . . . . . . . . . . . . . . . . . . . . Deputy collector, 1 at $900.. Deputy collector, 1 at $900.. Deputy collector and inspec- tor, 1 at $840 (d). . . . . . . . . . & Deputy Collector. . . . . . . . . . . . . . Deputy Collector. . . . . . . . . . . . . . Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . * tº e º 'o Deputy Collector. . . . . . . . . . . . . . Deputy Collector. . . . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $3.50 (b) . . . . . . . . . . e Deputy collector and inspec- tor, 1 at $840. . . . . . e e º e g º ºs e - Deputy Collector.......... ë e º e Deputy collector..... © e º 'º tº e º e - - Examiner . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 5 at $1,400 Deputy collectors, 2 at $1,200 Deputy collectors, 25 at $3... Deputy collectors, 3 at $3 (c) Deputy Collectors, 2 at $3 (d) Deputy collector, 1 at $3 (b) Deputy Collectors and in- Spectors, 2 at $3 (a). . . . . . . Storekeeper, 1 at $1,100 (d).. Stenographer . . . . . . . . . . . . . . . º Messenger, 1 at $730......... º Deputy collectors, 2 at $600. . Deputy collector, 1 at $300 (c) Inspectress, 1 at $240......... Deputy collector, 1 at C • * * * * * * * * * * * * * * * * * * * e e e s e Deputy collector Deputy Collector............ Deputy collector, 1 at $3... Deputy Collector and store- keeper, 1 at $3 (d) Storekeeper, 1 at $3 (d)..... e Inspectress, 1 at $ Deputy Collector and inspec- tor, 1 at $50 (c g).......... Deputy collectors and Spectors, 2 at $1 (c)...... e Inspector, 1 at $10 (c g) Deputy Collector. . . . . . . . . . . . . . Deputy collector and in Spec- tor, 1 at $3.50 Deputy collector, & e º º e º e º 'º tº e e a s - º ºs e º a g tº a c e º e º ſº e e 122.00 547.50 183.00 122.00 401.50 122.00 2,000.00 1,460.00 1 at $50 (c d g). . . . . . . . . . . . . . $ 350.00 Deputy collector, 1 at $3... . 1,095.00 Deputy collector and in Spec- tor, 1 at $3. . . . . . . . . . . . . . . . . . 1,277.50 Deputy collector, 1 at $1 c 2). . . . . . . . . . . . . . . . . . . . . . . . . 7.00 Deputy collector and inspec- tor, 1 at $2.50 (c) . . . . . . . . . . . 525.00 Deputy collector, 1 at $3.... 1,095.00 Inspector, 1 at $3. . . . . . . . . . . . . 1,095.00 Inspector, 1 at $3. . . . . . . - - e º O & 1,095.00 47,595.00 Compensation . . . . . . . . . . . © e º ſº Q 47,595.00 Rents and contingent. . . . . . . . . 4,142.00 Total . . . . . . . . . . . . . © tº º e º e & © a 51,737.00 DISTRICT OF WISCONSIN Collector . . . . . . . . . . . . . . . . . . . . . $ 4,500.00 Deputy Collector. . . . . . . . . . . . . . 2,500.00 Deputy collectors, 2 at $1,800 3,600.00 Deputy Collector. . . . . . . . . . tº e º 'º 1,800.00 Weigher and gauger. . . . . . . . . 1,500.00 Deputy Collector. . . . . . . . . . . e e º . 1,400.00 Deputy Collector. . . . . . . . . . . . . Q 1,400.00 Deputy collector, 1 at $4... 1,460.00 Inspector, 1 at $3.50. . . . . . . . . . 1,277.50 Deputy collectors and in- Spectors, 3 at $3.50. . . . . . . . . 3,832.50 Deputy collector, 1 at $3.50 1,277.50 Inspector, 1 at $3. . . . . . . . . . . . 1,095.00 Storekeeper, 1 at $1,000..... e 1,000.00 Deputy collector. . . . . . . . . . e e º 'º 1,000.00 Clerk . . . . . . . . . . . . . . . . . . . . . © º ºs º 1,000.00 Opener and packer. . . . . . . . . . e 840.00 Laborer, 1 at $60 (g) . . . . . • e º 'º 720.00 Deputy Collector. . . . . . . . . e & º ſº tº 300.00 Deputy Collector. . . . . . . . . . . . we ºn 300.00 Deputy collector...... * * * * * * * > 250.00 Deputy Collector. . . . . . . . . . . . . . 250.00 Deputy Collector. . . . . . . . • * * * * * 300.00 Deputy Collector...... e e º 'º e g o is 300.00 T) eputy collector..... e e e o e º e º e 300.00 Deputy Collector. . . . . . . . . . . . . . 300.00 Total • * * * c e º e º & e e e e º º e º 'º e º 'º 32,502.50 Compensation . . . . . . . . . . e - e º e ºs 32,502.50 Rents and contingent. . . . . . . . 1,158.00 Total . . . . . . . . . . . . . . . . . tº e º e 33,660.50 DISTRICT OF MICHIGAN Collector of customs......... $ 6,000.00 Deputy Collector. . . . . . . . . . . . . 2,750.00 Cashier . . . . . . . . . . . . . . . . . . . . . . . 1,800.00 Deputy collectors, 2 at $1,600 3,200.00 Deputy collector, 1 at $1,400 1,400.00 Deputy collector, 1 at $1,400 1,400.00 Deputy collectors, 3 at $1,300 3,900.00 Clerks, 3 at $1,300............ 3,900.00 Stenographer ... . . . . . . . . . . . . . . 1,200.00 Deputy collector, 1 at $1,200 1,200.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collector, 1 at $1,- 200 (d). . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Deputy collectors, 2 at $3... 2,190.00 Storekeeper, 1 at $1,100 (d).. 1,100.00 Clerk, 1 at $3 (c)............. 825.00 Deputy collectors, 36 at $3.. 39,420.00 Deputy collectors, 2 at $3 (b) 540.00 Deputy collectors and in- Spectors, 4 at $3............ 4,380.00 Deputy Collector and inspec- tor, 1 at $3 (b) . . . . . . . . . . . . tº º 540.00 Inspector, 1 at $3 (c)........ 825.00 Inspectors, 6 at $3........... e 6,570.00 Inspector, 1 at $3 (d). ...... e 1,095.00 Inspector, 1 at $3 (c. d). . . . . . 825.00 Stenographer and typewriter 1,000.00 Clerk, 1 at $2. . . . . . . . . . . . . . . . . 840.00 Messenger, 1 at $730.......... 730.00 Inspectress, 1 at $2.......... e 730.00 Laborer, 1 at $25 (g)......... 300.00 Appraiser . . . . . . . . . . . . . . . . . . . . © 3,000.00 Examiner, 1 at $1,800....... 1,800.00 Examiner, 1 at $1,600...... tº º 1,600.00 Examiner, 1 at $1,400........ 1,400.00 Clerk, 1 at $1,200...... e e e s a e s 1,200.00 Clerk, 1 at $1,100......... e e º 'º 1,100.00 Opener and packer. . . . . . . . . . & 840.00 Laborer . . . . . . . . . . . . . . . . . . . . . . 720.00 Deputy collector, 1 at $0.50 (c) 122.00 Deputy collector, 1 at $1 (c) 244.00 Deputy collector, 1 at $0.50 (c) 122.00 Deputy collector, 1 at $1.50 547.00 Deputy Collector and inspec- tor, 1 at $1.20...... º, e º 'º - e º e G 438.00 * * * * * * * * * * * * * is e º e º 'º w w is e º ºs 5,840.00 1,400.00 3,382.50 1,095.00 3,285.00 1,095.00 1,095.00 912.50 730.00 45.00 12.00 60.00 45.00 180.00 1,095.00 685.00 219.20 822.00 274.00 730.00 205.00 1,095.00 12.00 137.00 360.00 24.00 900.00 365.00 450.00 900.00 900.00 840.00 1,800.00 1,200.00 1,000.00 1,400.00 1,200.00 290.50 840.00 2,500.00 1,600.00 1,600.00 7,000.00 2,400.00 27,350.00 2,160.00 2,190.00 198.00 2,190.00 1,100.00 900.00 730.00 1,200.00 200.00 240.00 200.00 2,000.00 1,200.00 1,095.00 1,095.00 1,095.00 1,095.00 450.00 90.00 1,600.00 1,277.00 450.00 600.00 Deputy collector, 1 at $425... $ 425.06 Deputy Collector, 1 at $3... . 1,095.00 Total tº e º e e e e e e o e s e e º e e s tº e e s 214,395.70 Compensation . . . . . . . . . . e - e g º ºr 214,395.70 Rents and Contingent........ 6,897.00 Total . . . . . . . . . e e º ºs e º e º e º e º º 221,292.70 DISTRICT OF CHICAGO Collector . . . . . . . . . . . . . . . . . . . . . . $ 7,000.00 Deputy Collector. . . . . . . . . . . . . © 3,500.00 Deputy Collector. . . . . . . . . . . . . 3,000.00 Deputy Collector........... tº tº º 3,200.00 Deputy Collector........... e e e 2,600.00 Cashier . . . . . . . . . . . . . . . * G - e. e. e. g. g. 2,500.00 Deputy Collector......... tº º e º e 2,500.00 Deputy Collector. . . . . . . . . . . . tº e 2,500.00 Deputy Collector.............. 2,000.00 Clerks, 3 at $2,000............ 6,000.00 Deputy Collector and store- keeper . . . . . . . . . . . . . . . . . . . . . . 1,800.00 Deputy collectors, 3 at $1,800 5,400.00 Clerks, 4 at $1,800. . . . . . . . . . . . 7,200.00 Clerks, 6 at $1,600. . . . . . . . . . . . 9,600.00 Deputy collectors, 4 at $1,600 6,400.00 Deputy collector, 1 at $1,400 1,400.00 Clerks, 7 at $1,400... . . . . . . . . . 9,800.00 Deputy collectors and in- Spectors, 2 at $4. . . . . . . . . . . . 2,920.00 Deputy collectors and in- Spectors, 5 at $4 (C) ........ 5,500.00 Gaugers, 2 at $4. . . . . . . . . . . . . . 2,920.00 Storekeepers, 4 at $1,400 (d) 5,600.00 Weighers, 2 at $4. . . . . . . . . . . . 2,920.00 Inspectors, 26 at $4. . . . . . . . . . 37,960.00 Inspectors, 2 at $4 (c)..... tº e 2,200.00 Clerks, 9 at $1,200. . . . . . . . . . tº - 10,800.00 Deputy Collector....... * @ 9 e º & tº 1,200.00 Clerks, 3 at $1,000. . . . . . . tº e º e e 3,000.00 Messenger, 1 at $1,000....... tº 1,000.00 Messenger, 1 at $840. . . . . . . . . 840.00 Storekeeper, 1 at $1,000 (d) 1,000.00 Clerks, 8 at $840. . . . . . . . . . . . . . 6,720.00 Storekeeper, 1 at $840 (d). ... 840.00 Watchmen, 4 at $2. . . . . . . . . . . 2,920.00 Deputy collector and inspec- tor, 1 at $25 (g). . . . . . . . . . . . 300.00 Deputy collector, 1 at $300 (c) 300.00 Deputy collector, 1 at $25 C & J . . . . . . . . . . . . . . . . . . . . . . . . . 225.00 Deputy collector, 1 at $300. . 300.00 Laborers, 12 at $840. . . . . . . . . . 10,080.00 Laborers, 17 at $700. . . . . . . . . . 11,900.00 Naval officer. . . . . . . . . . . . . . . . . e 5,000.00 Deputy naval officer...... e & Cº. 2,500.00 Chief Clerk. . . . . . . . . . . . . . tº º & º º tº 2,500.00 Clerk . . . . . . . . . . . . . . . . . . . . . & e º e 2,000.00 Clerks, 2 at $1,800. . . . . . . . . . . © 36,000.00 Cashier and auditor. . . . . . . . . . 1,000.00 Clerks, 3 at $1,600. . . . . . . . . . . . 4,800.00 Clerk, 1 at $1,400. . . . . . . . . . . . . 1,000.00 Clerk, 1 at $1,200. . . . . . . . . tº e º 'º 1,200.00 Appraiser . . . . . . . . . . . . . . . . . . & © tº 4,500.00 Chief examiner. . . . . . . . . . . . * @ º 2,500.00 Examiners, 5 at $2,200..... © tº 11,000.00 Tea, examiner, 1 at $2,000.... 2,000.00 Examiner and Chemist, 1 at $1,800 . . . . . . . . . . . . . . . . . . . . . . . 1,800.00 Examiners, 5 at $1,800. . . . . . . 9,000.00 Tobacco examiner, 1 at $1,600 1,600.00 Examiners, 5 at $1,600. . . . . . . 8,000.00 Clerks, 2 at $1,400...... • e º e º 'º 2,800.00 Assistant chemist..... e - e º e g tº 1,400.00 Sampler . . . . . . . . . . . . . . . tº e º 'º e tº º 1,400.00 Clerks, 4 at $1,200. . . . . . . . . . . . 4,800.00 Foreman opener and packer 1,200.00 Openers and packers, 8 at $3 8,760.00 Openers and packers, 21 at $2.50 . . . . . . . . . . . . . . . . . . . . . . . . . 19,162.00 Openers and packers, 3 at $900 . . . . . . . . . . . . . . . . . . . . . . . . . 2,700.00 Opener and packer, 1 at $840 840.00 Clerks, 2 at $840....... º, e. e º e e 1,680.00 Messenger, 1 at $840. . . . . . . & ºn 840.00 Deputy Collector. . . . . . . . . . . e - 300.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . & e e e ſº 900.00 Deputy Collector. . . . . . . . . . . . . . 350,00 Total • e e s a e e e º e o 'º e º 'º e º e e º 'º 286,077.50 Compensation . . . . . . . . . e - e. e. e. e. e. 286,077.50 Rents and contingent. . . . . . . . 13,248.00 Total for district. . . . . . . . . 299,325.50 DISTRICT OF INDIANA Collector . . . . . . . . . . . . . . . . . . . . . $ 4,000.00 Deputy collector. . . . . . . . . . . . . . 2,000.00 Ch. 1) 3 5327 COLLECTION OF DUTIES UPON IMPORTS Deputy collectors, 2 at $1,400 2,800.00 Cashier . . . . . . . . . . . . . . . . . . . . . . © 1,000.00 Opener and packer..... e tº e º e e 720.00 Deputy collector. . . . . . . . . . . . tº e 1,800.00 Deputy Collector. . . . . . . . . . . e e - 1,000.00 Inspector, 1 at $3 (c) . . . . . . . . 550.00 Total . . . . . . . . . . . . . . . . . . . . . 13,870.00 Compensation . . . . . . . . . . . . . e e º 13,870.00 Rents and contingent........ 703.00 Total . . . . . . . . . . . tº e º ºs e e º 'º e de 14,573.00 T) ISTRICT OF OHIO Collector . . . . . . . . . • * tº e º O & tº & © tº e Deputy collector....... tº e º e º 'º e Deputy Collector. . . . . . . . . . . . . T]eputy Collector........... © tº º Deputy Collector.............. Deputy collectors, 2 at $1,400 Clerk-collectors, 2 at $1,200.. Deputy Collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy collectors, 3 at $1,200 Deputy collector and store- keeper, 1 at $1,200. . . . . . . . . . Deputy Collector, 1 at $3..... Inspectors, 2 at Stenographer and typewrit- er, 1 at $1,000. . . . . . . . . . . . . . . Deputy collector, 1 at $900.. s e º e º e º e - e. º Laborer, 1 at $2.50.......... e Laborers, 2 at $2. . . . . . . . . . . e e Watchman, 1 at $720........ • Deputy collector, 1 at $1 w (d £. • e s e s - e. e. e. e. e. tº e e s e º e e e º e º º º Appraiser . . . . . . . . . . . . . . . . . . . . Examiner . . . . . . . . . . . . . . e & © e º e Examiners, 2 at $1,400....... Clerk, 1 at $1,200...... e º e º 'º º e Clerk, 1 at $1,000...... e e º e º 'º º . Opener and packer, 1 at $1,000 . . . . . . . . . . . . . . . . . . . . . . . Opener and packer, 1 at $2.50 Deputy Collector. . . . . . . . . . . . . . Deputy collector and inspec- © e º a tº e º 'º e º - tº 6 tº e º 'º e g º º - e. g. OT” . . Deputy collector and inspec- tor, 1 at $3 (c) • * s a tº e s a e s = * * Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . * c e e Deputy Collector. . . . . . . . . . . . . . Deputy Collector...... e e s is e º e e Deputy Collector. . . . . . . . . & e º 'º º Gauger and storekeeper..... Clerks, 2 at $1,400....... e e º º º Clerks, 2 at $1,200......... © º e Inspector, 1 at $3.50 (b)..... Inspectors, 3 at $3.50. . . . . . . . . Inspector, weigher, and a S- Sistant gauger. . . . . . . . . . . . . . Storekeeper, 1 at $1,100 (d) Laborers, 2 at $720........ • e e Laborer, 1 at $600. . . . . . . . . . . . Appraiser . . . . . . . . . . . . . . . . . . tº e º Examiner, 1 at $1,800. . . . . . . . Clerk, 1 at $1,200...... • * g e º 'º e Opener and packer, 1 at $840 Examiner, 1 at $500. . . . . . . . . . . Deputy Collector. . . . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $3 (a). . . . . . . . . . . . º Deputy collector and inspec- tor, 1 at $75 (c g) . . . . . . . . . . Depuity collector, 1 at $2 (c) Deputy collector, 1 at $2.50. . Deputy collector, 1 at $3 (c) Deputy collector, 1 at $2 (c) Deputy collector, 1 at $3 (c) Deputy collector, 1 at $2 (c) Deputy collector, 1 at $2.50 (c) Deputy collector, 1 at $1,800 Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . º Clerk, 1 at $1,000..... e tº e s a tº e e Deputy Collector. . . . . . . . . . . . . º Deputy collector and inspec- tor, 1 at $3. . . . . . . tº e - - e º 0. - © e Deputy Collector. . . . . . . . . . . . . . Deputy Collector. . . . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . . Deputy collector and inspec- tor, 1 at $5 (d g). . . . . . . . . . º Deputy collector and inspec- tor, 1 at $5. . . . . . . . . . . . . . * e e Deputy Collector, 1 at $1.... Deputy collector, 1 at $1.... Deputy Collector. . . . . . . . . . . . . . 6,000.00 2,500.00 1,800.00 1,600.00 1,500.00 2,800.00 2,400.00 1,200.00 3,600.00 1,200.00 1,095.00 2,190.00 1,000.00 900.00 912.50 1,460.00 720.00- 12.00 3,000.00 1,800.00 2,800.00 1,200.00 1,000.00 1,000.00 912.50 1,600.00 1,400.00 1,200.00 825.00 1,095.00 3,000.00 2,000.00 1,500.00 1,400.00 2,800.00 315.00 3,832.50 1,277.50 1,100.00 500.00 1,600.00 1,095.00 675,00 430.00 912.00 825.00 430.00 825.00 430.00 525.00 1,800.00 1,277.50 1,000.00 1,400.00 1,095.00 900.00 1,400.00 825.00 60.00 17.50 132.50 132.50 HPage 859] Deputy collector...... . . . . . . . .3 304.00 Deputy Collector.......... e e s e 255.20 Total ..................... 98.889.90 Compensation ......... º e e s tº e º 98.389.90 Rents and contingent. . . . . . . . 4,852.00 Total . . . . . . . . . . . . . . . . . . . . . 103,241.90 DISTRICT OF EXENTUCRY Collector . . . . . . . . . . . . . . . . . . . . . $ 3,500.00 Deputy Collector. . . . . . . . . . . . . e 2,000.00 Deputy collector....... e ‘º e º e º 'º 1,800.00 Deputy Collector........ • e º e º & 1 1,620.00 Deputy collector....... e - © e º e e 1,460.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Inspector, 1 at $3.50. . . . . . . . e 1,095.00 Inspectors, 2 at $3.50 (b). . . . 744.00 Opener and packer, 1 at $2.50 (a). . . . . . . . . . . . . . . . . . . . . 912.00 Clerk, 1 at $900....... e e º e º º e - 900.00 Deputy Collector. . . . . . . . & © tº e º º 500.00 Inspector, 1 at $3 (b). . . . . . . . 405.00 Total • e e s e s e e s e e s e e º e º a e º e 16,136.50 Compensation . . . . . . . . . . . º e º e º 'º 16,136.50 Rents and contingent........ . 295.00 Total e e s is e e s e g º e º & C G e s tº e º 'º e 16,431.50 DISTRICT OF TENNESSEE Collector . . . . . . . . . . . . . . . . . . . . . $ 3,500.00 Deputy Collector. . . . . . . . . . . . . . . . . 1,800.00 Deputy collector and inspec- OT • . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . e - 1,095.00 Inspector, 1 at $3... . . . . . . . . . . 1,095.00 Deputy collector. . . . . . . . . . . . . . 1,000.00 Deputy Collector... . . . . . . . . . . . 1,000.00 Deputy collector and store- keeper (ad i). . . . . . . . . . . . . . . . 300.00 Deputy Collector....... © e e º e º º 1,200.00 Inspector, 1 at $–. . . . . . . . . 1,095.00 Total . . . . . . . . . . . . . . . . . . . . . 13,285.00 Compensation . . . . . . . . . . & º ºs e º º 13,285.00 Rents and contingent. . . . . . . . 1,635.00 Total . . . . . . . . . . . . . . . . . . . . . 14,920.00 DISTRICT OF IOWA Collector . . . . . . . . . . . . e s e e º sº e º s $ 3,000.00 Deputy Collector. . . . . . . . . . . . . . 1,400.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Deputy Collector. . . . . . . . . . . . . . 1,200.00 Total s e e º e º e º 'º e º ſº e º 'º & e º e º e 6,800.00 Compensation ........... e e º e º 6,800.00 Rents and contingent....... 196.00 Total . . . . . . . . . . . tº e e º 'º e g º º e 6,996.00 DISTRICT OF OMAIHA. Collector of customs......... $ 2,500.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00 Deputy collector and clerk.. 1,600.00 Deputy collector and clerk.. 1,200.00 Deputy Collector. . . . . . . . . . tº e º º 1,400.00 Total ..................... 8,500.00 Compensation ................ 8,500.00 Rents and contingent........ 721.00 Total . . . . . . . . . . . . . . e - e. e. e. e. e. 9,221.00 DISTRICT OF ST. LOUIS Collector . . . . . . . . . . . . . . . . . . . . . $ 6,000.00 Deputy Collector.............. 2,500.00 Cashier . . . . . . . . . . . . . º e e º 'º e º e º º 1,800.00 Clerk . . . . . . . . . . . . . . e e s a e e s e e s is 1,600.00 Deputy Collector. . . . . . . . . . . . . . 1,600.00 Deputy collectors, 2 at $1,500 3,000.00 Clerks, 2 at $1,400............ 2,800.00 Clerk, 1 at $1,300. . . . . . . . . . . . tº 1,300.00 Clerks, 4 at $1,200........ e e º e 4,800.00 Storekeeper, 1 at $1,300...... 1,300.00 Inspector, 1 at $3.50. . . . . . . . e 1,277.50 Deputy collector and inspec- tor, 1 at $3.50. . . . . . . . . . . . . . © 1,277.50 Deputy collectors and in- spectors, 2 at $1,200. . . . . . . . 2,400.00 Weighers and gaugers, 2 at x & V V e - e s • e < * * * * * * * * * * * * * * * e 2,400.00 + $720 of which is reimbursable. Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,100.00 Clerk . . . . . . . . . . . . . . . . * * * e a e tº e º 1,000.00 Inspectors, 6 at $3....... e e º º 6,570.00 Watchmen, 2 at $720... . . . . . . 1,440.00 Laborers, 7 at $720....... e e º e 5,040.00 Laborers, 2 at $0.25 (a j). . . . . . 1,460.00 Messenger, 1 at $600...... e e > 600.00 Appraiser . . . . . . . . . . . . . . . . . . . . 3,000.00 Examiner, 1 at $2,000....... e 2,000.00 Examiner, 1 at $1,700. . . . . . . . 1,700.00 Examiner, 1 at $1,500. . . . . . . e 1,500.00 Examiner, 1 at $1,400....... © 1,400.00 Clerk, 1 at $1,200............. 1,200.00 Clerk, 1 at $1,000............. 1,000.00 Openers and packers, 3 at $840 . . . . . . . . . . . . . . . . . . . . . . . . . 2,520.00 Deputy Collector. . . . . . . . . . . . . . 2,000.00 Deputy collector and inspec- tor, 1 at $3. . . . . . . . . . . . . . . . º 1,095.00 Deputy Collector. . . . . . . . . . . . . 2,500.00 ASSayer . . . . . . . . . • * * tº e is e º 'º e e tº gº 2,000.00 Deputy Collector. . . . . . . . . . . . . . 1,800.00. Cashier • * * * * * * * * * * * © º e º 'º º e º º º * 1,600.00 Assistant assayer. . . . . . . . . . . . o 1,400.00 Deputy collector and inspec- Of . . . . . . . . . . . . . . . . . . . . . . . . . . 1,400.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1,200.00 Storekeepers, 2 at $1,200 (d) 2,400.00 Storekeeper and inspector, 1 at $1,200 (d). . . . . . . . . . . . . . . e 1,200.00 Deputy collector and inspec- tor . . . . . . . . . . . . . . . . . . . . . . . * @ & 1,000.00 Inspector, 1 at $3. . . . . . . . . . . º 1,095.00 Inspector and storekeeper, e 1 at $1,000 (d). . . . . . . . . . . . . . . 1,000.00 Inspector and storekeeper, 1 at $900 (d). ............... Q 900.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 900.00 ASSayer's helpers, 2 at $900.. 1,800.00 Clerk and inspector....... tº e º 840.00 Opener and packer........... 720.00 Deputy Collector. . . . . . . . . . . . . . 300.00 Total e e º e º º e o ſº e º 'º º O C e - © tº º º 93,935.00 Compensation ... . . . . . . . . • e º ſº o 93,935.00 Rents and contingent..... tº e o 5,502.00 Total tº e º O & © e º e º e º ſº tº e º 'º e g º º 99,437.00 DISTRICT OF COLORADO Collector .......... tº e º ºs e º e º sº e a $ 3,500.00 Deputy Collector.......... e s tº e 2,000.00 Deputy Collector and exam- - iner . . . . . . . . . . . . . . . . . . . . . . . . 1,800.00 Deputy collector and clerk.. 1,200.00 Inspector, 1 at $3. . . . . . . . . . . . . 1,095.00 Inspector and storekeeper, 1 at $900 (a d). . . . . . . . . . . . . º 900.00 Total . . . . . . . . . . . . . . . . . . . . . 10,495.00 Compensation . . . . . . . . . . . . . . . . 10,495.00 Rents and Contingent........ 1,148.00 Total e º º º º º e º e º e º e º 'º e º 'º gº e & 11,643.00 DISTRICT OF UTAH AND NEWADA Collector . . . . . . . . . . º º e º 'º e º a g º º $ 2,500.00 Deputy collector. . . . . . . . . . . . . . 900.00 Total • - - - - - - - - - - - - - - - - - - - - 3,400.00 Compensation . . . . . . . . . . tº º e º 'º º 3,400.00 Rents and contingent........ 466.00 Total • * * * * * * * * * * * * * * * * e o e s 3,866.00 BOARD OF GENERAL APPRAISERS General appraisers, 9 at Clerk, 1 at $2,750.......... e tº e Clerks, 2 at $2,400............ Clerks, 2 at $2,200........ º e º 'º Clerks, 7 at $2,000. . . . . . . . . . . . Private secretary, 1 at $1,800 Clerks, 5 at $1,800............ Clerks, 9 at $1,600. . . . . . . . . . . . Stenographer and typewrit- er, 1 at $1,600. . . . . . . . . . . . . . . Clerks, 7 at $1,400......... tº - Stenographer, 1 at $1,400.... Clerks, 4 at $1,200........ e tº e Clerks, 2 at $1,000............ Opener and packer, 1 at $3 (a). . . . . . . . . . . . . . . . . . . . . . . . Messengers, 3 at $960..... e e º Opener and packer, 1 at $2.75 (a). . . . . . . . . . . . . . . . . . . . . 81,000.00 2,750.00 4,800.00 4,400.00 14,000.00 1,800.00 9,000.00 14,400.00 1,600.00 9,800.00 1,400.00 4,800.00. 2,000.00 939.00 2,880.00 316.20 860.75 ź 5327 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS *Page soon Laborer, 1 at $840............; 840.00, Salaries and expenses of Deduct for difference be- Messenger boys, 2 at $480... 960.00 special agents, special in- tween , detailed estimates wº-mºmºsºm-ºsmºsºms Spectors, customs agents, and actual expenditures by Total a tº e º ºs e º e o 'º e º 'º e s tº e º & e s tº 158,229.75 and confidential agents.... $ 318,616.91 reason Of Vacancies, sus- e —H.H. Printing and stationery tº tº e º g 37, 000.00 penS10n S, etc.”. * & © tº e º 'º e º e º º º .3 300,000. 00 Qompensation :::::::::::::::. 158,229.7% witnesses before Board of *m-s-s-s-º Rººts and goºfingent expenses included | "Général Appraisers....... 5,000.00 10,381,766.01 in rents and Contingent expenses of Miscellaneous expenses OIl 3. *- New York. direct Settlement. . . . . . . . . . . 25,000.00 | * The difference between the detailed SUMMARY * estimates and the actual expenditures For compensation............. 9,597,017.10 for the past three years has averaged, For rents and contingent ex- $ 10,681,766.01 approximately, $300,000 per year. periSeS - - - - - - - . . . . . . . . . . . . . . tº 699,132.00 Provisions similar to those of article XI of the foregoing to and made a part of the port of entry and collec- plan of reorganization were made by the Under W993 Tariff Act of Oct. 3, 1913, c. 16, § III, M, N, post, §§ 5594, 5595. Act June 19, 1906, c. 3436, § 1, mentioned in section I, subsec. 21, of the foregoing plan of reorganization, as creat- ing the district of Sabine, is set forth post, § 5339. For the district of Porto Rico, which was not included in the foregoing plan of reorganization, as stated in Sec- tion I, subsec. 49, thereof, the Secretary of the Treasury was authorized to designate ports of entry to make regu- lations for the collection of customs duties, and to ap- point necessary agents, by Act April 12, 1900, c. 191, § 4. ante, § 3752. The ports of entry so designated Were, on July 1, 1913, as follows: District of Porto Rico: Ports of entry—San Juan, Agua- dilla, Arecibo, Arroyo, Fajardo, Guanica, Humacao, Maya- guez, Ponce. The President was authorized to rearrange, by. consoli- dation or otherwise, the customs-collection districts, and to discontinue ports of entry by abolishing the same, or by establishing others in their stead, by a provision of Act Aug. 1, 1914, c. 223, § 1, post, § 5327a. Said provision also limited the number of customs-collection districts and ports of entry, provided that the collectors of customs should be designated by the number of the districts for Which they were appointed, not by the name of the port where the headquarters are situated, authorized changes in the location of headquarters in customs-collection districts, and required the President to report to Congress, at the beginning of each regular session changes made by him in the customs-collection districts, etc. & The headquarters of the customs district of Florida. Was changed to Tampa by Act Sept. 24, 1914, c. 309, post, § 5333a. & The compensation of the collector of customs for the dis- trict of Omaha was increased to $3,500 per annum by Act Dec. 28, 1914, c. 3, post, § 5338a. e tº tº § 5327a. Rearrangement and limitation of Districts; changing locations—The President is authorized from time to time, as the exigencies Of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the Same or establishing others in their stead : Provided, That the whole number of customs-collection districts, ports of entry, or either of them, shall at no time be made to exceed those now established and authorized ex- cept as the same may hereafter be provided by law : Provided further, That hereafter, the collector of customs of each customs-collection district shall be officially designated by the number of the district for which he is appointed and not by the name of the port where the headquarters are situated and the President is authorized from time to time to Change the location Of the headquarters in any Customs-Col- lection district as the needs of the Service may re- quire: And provided further, That the President shall, at the beginning of each regular session, Sub- mit to Congress a statement of all acts, if any, done hereunder and the reasons therefor. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 623.) § 5327b. Secretary of the Treasury fixing pay of laborers—Section One of the Act entitled “An Act fixing the compensation of certain Officials in the Customs Service, and for other purposes,” approved March fourth, nineteen hundred and nine, shall not prohibit the Secretary of the Treasury from fixing the pay of laborers in the customs service at a rate not exceeding $2.50 per day if in so doing the aggre- gate amount paid to any perSon in any month does § sº $70. (Sept. 8, 1916, c. 464, § 1, 39 Stat. (R. S. §§ 2517–2526. Superseded.) See note at the beginning of this chapter. § 5328. Port of Boston; town of Chelsea at- tached—And the town of Chelsea shall be attached of Florida shall be at Tampa, in said State tion district of Boston and Charlestown. (R. S. § 2527, Subsec. 5.) (R. S. §§ 2528, 2529. Superseded.) See note at the beginning of this chapter. § 5329. Same; employés in appraiser’s office —The Clerks and other persons employed in the ap- praiser’s office at the port of Boston shall be appoint- ed by the principal appraisers, and their number and Compensation Shall be fixed by the Secretary Of the Treasury. (R. S. § 2530, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 245.) (R. S. §§ 25.31—2537. Superseded.) See note at the beginning of this chapter. § 5330. Port of New York; extension of lim- its—That the limits of the port of New York, in the State of New York, be, and the same are hereby, ex- tended so as to include the city of Yonkers, West- Chester County, in said State. (May 7, 1894, C. 71, 28 Stat. 73.) § 5331. Same; examiners—The Secretary of the Treasury may, on the nomination of the appraiser, appoint Such number of examiners at the port of New York as the Secretary may in writing determine to be necessary, to aid each of the assistant appraisers in the examination, inspection, and appraisement of merchandise. (R. S. § 2538.) 4 § 5332. Same; empioyés in appraiser’s office— The Secretary of the Treasury shall also appoint, On the nomination of the appraiser at the port of New York, the clerks, verifiers, samplers, openers, packers, and messengers employed in the appraiser’s Office, or in any of the departments thereof, and shall limit and fix their number. (R. S. § 2539.) (R. S. §§ 2540–2544. Superseded.) See note at the beginning of this chapter. § 5333. Port of Philadelphia; employés in ap- praiser’s office—The clerks and other persons em- ployed in the appraiser’s Office at the port of Phila- delphia shall be appointed by the principal apprais- erS, and their number and compensation shall be fixed by the Secretary of the Treasury. (R. S. § 2545, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 245.) (R. S. §§ 2546—2567. Superseded.) See note at the beginning of this chapter. § 5333a. Distriet of Florida; headquarters— Hereafter the headquarters of the customs district (Sept. 24, 1914, c. 309, 38 Stat. 716.) - § 53.34. Port of New Orleans–First. The dis- trict of New Orleans; * * in which New Orleans shall be the port of entry, to include the parish of Orleans, and that portion of the parish of Jefferson lying between the Mississippi River and Lake Pont- chartrain, and between the upper line of the parish of Orleans, left bank, and a line running parallel thereto, commencing at the Mississippi River, at the upper line of the city of Carrollton, and extending to Lake Pontchartrain. (R. S. § 2568, Subsec. 1.) § 5335. Same; extension of limits—That the limits of the port of entry of New Orleans, Louisiana, Shall be, and the same are hereby, extended SO as to include that portion of the Parish Of Jefferson lying between the Mississippi River, Lake Pontchartrain, the upper line of the Parish of Orleans, left bank, and a line running parallel thereto, commencing at the Mississippi River at a point two miles above the up- per line of the said Parish of Orleans and extending Ch. 1) 3 5340 COLLECTION OF DUTIES UPON IMPORTS [Page 861] to Lake Pontchartrain. (July 28, 1888, c. 692, 25 Stat. 339.) § 5336. Same; extension of limits—That the limits of the port of entry of New Orleans shall be, and the same are hereby, extended so as to include that portion of the parish of Jefferson on the West bank of the Mississippi River lying.between, the upper line of the parish of Orleans, west bank, the West bank of the said river to a point opposite the upper boundary line of the parish of Orleans, east bank, a line drawn thence back four thousand feet, perpendic- ular to said river, and a line drawn thence parallel to the Mississippi River until it intersects said upper parish boundary line, west bank; and So as further to include that portion of the parish of Saint Ber- nard lying between the lower boundary line Of the parish of Orleans, east bank, the east bank of the Mississippi River to a point three miles below. Said lower boundary, a line drawn thence back four thousand feet parallel to said lower boundary line, and a line drawn thence parallel to the Mississippi River, until it intersects said lower boundary line of the parish of Orleans. (March 20, 1896, c. 62, 29 Stat. 72.) - § 5337. Same; extension of limits—That the limits of the port of entry of New Orleans, Louisiana, be, and the same are hereby, extended to include that portion of the parish of Saint Bernard within the following boundaries: Beginning at a point where the boundary line between the parishes of Orleans and Saint Bernard intersect the east bank of the Missis- sippi River; thence along said east bank to Where the boundary line between lots sixteen and seventeen Of the Corinne and Myrtle Grove Plantations (according to a plan by A. C. Bell, civil engineer, July eleventh, eighteen hundred and ninety-three, and annexed to an act of Sale by A. L. Richardson to Jules Mereaux, passed before Charles T. Soniat, esquire, notary pub- lic in the parish of Orleans, January second, eight- een hundred and ninety-four) intersects said east bank, said point of intersection being at a distance Of four miles and four thousand two hundred and eighty feet below the point at which the boundary between the parishes of Orleans and Saint Bernard intersects said east bank; thence along Said boundary between said lots sixteen and seventeen a distance of four thousand feet; thence along a line parallel to the Mississippi River to the point where said boundary line intersects the boundary between the parishes of Orleans and Saint Bernard; thence along said bound- ary line to the point of beginning. (Aug. 24, 1912, C. 372, 37 Stat. 499.) (R. S. §§ 2569–2575. Superseded.) See note at the beginning of this chapter. § 5338. Same; temporary inspectors—The CO!- lector for the district of New Orleans may, when the public service requires, with the approval of the Sec- retary of the Treasury, appoint, in addition to the inspectors otherwise authorized by law, temporary inspectors, not exceeding twenty in number. But this section shall not be deemed to authorize the Whole number of inspectors employed at the port of New Or- leans to be at any time greater than the actual num- ber of vessels from foreign ports, having Cargoes to be discharged, then lying in the port. (R. S. Ś 2576.) § 5338a. District of Omaha; compensation of coilector—The compensation of the Collector of CuS- toms for the customs collection district of Omaha Shall be increased from $2,500 per annum, as provided in the plan of reorganization of the customs Service pro- mulgated by the President on March third, nineteen hundred and thirteen, to $3,500 per annum, and that compensation at the said rate of $3,500 per annum shalj be paid to the said collector of customs from and after June thirtieth, nineteen hundred and thirteen. (Dec. 28, 1914, c. 3, 38 Stat. 790.) *: § 5339. District of Sabine; Port Arthur skip canal; charges—An additional collection district in the State of Texas shall be, and is hereby, estab- lished, to be known as the district of Sabine, to COm- prise all of that portion of the State of Texas for- merly embraced in the district of Galveston and now hereby detached therefrom, beginning on the Gulf of Mexico at the center of the stream of Sabine Pass; thence, north with the center of the stream of Sa- bine Pass to Sabine Lake; thence with the Center of the stream of Sabine Lake to a point directly Op- posite to the Sabine River; thence north with the east shores of the Sabine River to the north boundary line of Shelby County, Texas; thence west to the Neches River; thence down Said river with its West shores to a north boundary line of Jefferson County; thence in a westerly direction with the said north boundary line to the east boundary line of Liberty County, Texas; thence South to the Gulf of Mexico; thence in an easterly direction along the Gulf shores to the place of beginning; that Port Arthur, in the County of Jefferson, shall be the port of entry for said district, and Sabine, in the county of Jefferson, shall be a subport of entry: Provided, That there shall be Conveyed to the United States, free of cost, a valid title to the line of water communication between Taylors Bayou and Sabine Pass, known as the Port- Arthur Ship Canal, together with a valid title to the existing turning basin and to the artificial slip on Which the lumber dock Of the Port Arthur Canal and Dock Company is built; and the Secretary of War is hereby authorized to accept the said water- Ways as the property of the United States upon the delivery to him of a clear and indefeasible title there- to ; and the said waterways shall thereupon become free public waters of the United States, and be sub- ject to the laws heretofore enacted and that may be hereafter enacted by Congress for the maintenance, preservation, protection, and regulation of navigable waters: Provided further, That the company or cor- poration conveying title to said canal as aforesaid Shall also convey to the United States, free of cost, the fee to a strip of land one hundred and fifty feet Wide along the westerly margin of the canal, except that where the right of Way of the Southern Pa- cific Railroad Company prevents the transfer of such Strip Of land along the Westerly margin of said canal there shall be conveyed such strip on the easterly margin thereof as may be necessary to make up such one hundred and fifty feet of width, with the reserva- tion that until Congress shall have authorized and provided for the enlargement and widening of said Canal the said Company Or Corporation, its successors Or assigns, shall have the right to COntrol, OCCupy, and use the said strip of land and every part thereof in the same manner and to the same extent as before the execution and delivery of the conveyance, and also the right to transfer, lease, Sell, quitclaim, or other- wise dispose of Said property and every part there- of, subject to the grant made to the United States: And provided further, That this Act shall take effect only when the foregoing requirements shall have been fully complied with to the satisfaction of the Secre- tary of War. And the charges for the use of said docks and wharves shall be just and reasonable and shall not be greater than charges for similar Services at other ports of the United States on the Gulf of Mex- ico. (June 19, 1906, c. 3436, § 1, 34 Stat. 302.) (R. S. §§ 2577—2579. Superseded.) See note at the beginning of this chapter." § 5340. Additional inspectors on routes , by which goods withdrawn from bonded warehouse may be exported to Mexico; reports—The Secre- tary of the Treasury shall appoint inspectors of the customs to reside at San Antonio, Eagle Pass, the Presidio del Norte, and San Elizario, Or at such oth- er points as he may designate, not exceeding four in number, upon the routes by which goods entered and bonded and withdrawn from Warehouse may, in 3 5340 COLLECTION OF DUTIES UPON IMPORTS (Tit. 34 - - [Page 862I pursuance of law, be exported to Mexico; and such (R. S. §§ 2591–26O7. Superseded.) inspectors shall make a report semiannually to the Secretary of the Treasury of all the trade that passes under inspection, stating the number Of packages, description of goods, their value, and the names of the exporters. (R. S. § 2580.) See §§ 5688, 5689. § 5341. Transshipment of goods in bond at Brownsville—All merchandise transported in bond to the port of Brownsville from any other port of the TJnited States, by Brazos Harbor, may, On arrival in that harbor, be transshipped under such regulations, not inconsistent with law, as the Secretary Of the Treasury may prescribe, in other vessels for trans- portation by the Rio Grande to Brownsville; and all merchandise imported into the district by Brazos Harbor, from any foreign COuntry, may in like man- ner be transshipped to Brownsville as provided for goods, wares, and merchandise transshipped in bond. (R. S. § 2581.) § 5342. Port of Portland, Oregon; limits— That the limits of the port of Portland, in the State of Oregon, as a port of entry be, and the same are hereby, extended so as to include all that portion of the east bank of the Willamette River lying opposite to the city of Portland, for a distance of one mile in width, and extending from the south boundary-line of the corporate limits of the City of Portland down said east bank of said river to a point directly Op- posite to the lower end of Swan Island, in said river. (March 1, 1889, c. 309, 25 Stat. 750.) ... • (R. S. §§ 2582–2587. Superseded.) _. See note at the beginning of this chapter. § 5343. Manifests of vessels bound for Port- Iand—The master of every vessel entering the Co- lumbia River from the sea, and bound for Portland, in the district of Willamette, shall exhibit his papers to the collector of the port of Astoria, and deposit with him a sworn copy of the manifest Of Cargo. If the vessel is laden with domestic merchandise Or merchandise in bond for Portland, the Collector at Astoria shall permit her to proceed to her place of destination; but if she has dutiable merchandise on board not bonded, he shall cause a Customs Officer to proceed on board the vessel to Portland, who shall see that no goods are landed from such vessel before her arrival and entry at the latter port. The neces- sary expenses, including the per diem of Such officer and the expense of his return to Astoria, shall be paid by the master of such vessel to the collector of Cus- toms at Portland, for the use of the United States, before permit shall be given to unload. (R. S. § 2588.) § 5344. Manifests of vessels clearing from Portland—All vessels clearing from Portland, in the district of Willamette, and bound to sea, Shall, On arrival at Astoria, in the district of Oregon, report to the collector; and the master Of every Vessel SO reporting shall leave a copy of his manifest, includ- ing any additional cargo taken on board after leav- ing Portland, with the collector at Astoria, and thereupon shall be allowed to proceed to Sea. The master or other person in charge or Command of any vessel entering the Columbia River from the Sea, or clearing from Portland and bound to sea as described in this section, who shall neglect to exhibit his pa- pers, or to report to the collector, or to deposit his manifest, as herein required, shall be liable to a pen- alty of one hundred dollars. (R. S. § 2589.) § 5345. Vessels having merchandise for both Astoria añd Portland—When a vessel shall arrive at Astoria, in the district of Oregon, from Sea, having merchandise on board for that place and also for Portland, in the district of Willamette, such vessel shall enter at Astoria and discharge such portion of her cargo as is destined for that place, whereupon the collector shall cause her hatches to be closed and Sealed, and shall then permit her to proceed to Portland in charge Of a CuStoms Officer. (R. S. § 2590.) See note at the beginning of this chapter. tº § 5346. Port of Memphis—That the limits of the present port of Memphis, Tennessee, be extended from Beale street southward to Jackson street, and that the east line of the present port be extended SGuth Ward until it intersects said Jackson Street. (March 2, 1889, c. 358, 25 Stat. 790.) (R. S. § 2608. Repealed.) This section provided for the appointment of four ap- praisers of merchandise, to be employed in visiting ports of entry under the direction of the Secretary of the Treas— ury, and to assist in the appraisement of merchandise as might be deemed necessary by the Secretary to protect and insure uniformity in the collection of the revenue from customs. It was repealed by Act June 10, 1890, c. 407, § 29, 26 Stat. 141. - (R. S. §§ 2609, 2610. Superseded.) R. S. § 2609, provided for the appointment of merchant appraisers whenever an appraisenment of imported mer- chandise was to be made at any port for which no ap- praiser Was provided. R. S. § 2610, made every merchant refusing to serve as such appraiser liable to a penalty. Both Sections were superseded by the provisions relating to appraisers and appraisements of the Customs Adminis- trative Act of June 10, 1890, c. 407, 26 Stat. 131, which was amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and again amended by the Under- wood Tariff Act of Oct. 3, 1913, c. 16, § III, making the provisions regarding appraisal read as set forth post, §§ 5591, 5592, 5594-5602. R. S. § 2945, which contained a provision similar to that of R. S. § 2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. Said provision was originally en- acted by Act March 1, 1823, c. 21, § 19, 3 Stat. 736, which was incorporated into both said, sections 2610 and 2945 of the Revised Statutes. Chapter Two—Qualifications, Pay, and Sec. Duties of Officers 5347. Term of Office. 5348. Oath of office; appraiser. 5349. Same; assistant appraisers. 5350, Same; customs officers. 5351. Same; who may administer. 5352. Same; certification. 5353. Same; subordinate customs officers; how taken ; certification; default. 5354. Same; custody. 5355. Same; special examiners of drugs. 5356. Instructions to prevent importation. 5357. Bonds of collectors, naval officers and surveyors. 5358. Same; how approved and filed. 5359. Duties of collector where naval officers and surveyors are appointed. 5360. Collectors and special deputies may administer oaths. 5361. Duties of collector; no naval officer appointed. 5362. Same; collector Only appointed. 5363. Same; performance in case of disability. 5364. Duties of Inaval Officers. 5365. Duties of surveyors; collectors and naval officers ap- pointed. 5366. Same; surveyor only appointed. 5367. Same; performance in case of disability. 5368. Deputy collectors. 5369. Aºnal deputy collectors and other officers; bonds. f 5370. Officer or clerk acting in case of sickness or absence of collectors and surveyors. 5371. Deputies of naval officers and surveyors. 5372. Clothing deputies with powers of collectors. 5373. Neglect or delinquency of officers or employés. 5374. Leave of absence of. 5375. Rules and regulations to carry act into effect. . 5376. Posting table of fees. 5377. Penalty for extortion. - 5378. Same; by inspectors, Weighers, gaugers, or measurers. 5379. Owning vessels or engaging in importation. - 5380. Keeping and rendering accounts. 5381. Same; duty in respect to accounts, and the penalty for OIſllSS1011. 5382. Same; accounts to include all emoluments as well as expenses. • 5383. Same; list of clerks and account of expenditures. 5384. Same; list of clerks and account of expenditures; monthly estimate. B385. Same; accounts rendered quarterly. 5386. Books to be furnished. . 5387. Quarterly account of money received or collection. 5388. Blanks. 5389. Special agents, 5390. Same; number and compensation. 5391. Same; regulations for and limitations on number and compensation. - 5392. Following instructions and decisions of Secretary of Treasury. before whom and duties; Ch. 2) 3 5357 COLLECTION OF DUTIES UPON IMPORTS [Page 863] Sec. 5393. Fees of collectors. 5394. Apportionment of compensation. 5395. Performance of duties of appraiser during vacancy. 5396. Performance of duties of appraiser or assistant during sickness, disability or absence. § 5347. Term of office—Collectors Of the CuS- toms, naval officers, and surveyors of the Customs shall be appointed for the term of four years. (R. S. § 2613.) § 5348. Oath of office; appraiser–The apprais- er at New York, before he enters upon the duties of his office, shall take and subscribe an oath faithfully to direct and supervise the examination, inspection, and appraisement according to law, of such merchan- dise as the collector may direct pursuant to law, and to cause to be duly reported to the collector the true value thereof, as required by law. All Other ap- praisers, [and all resident merchants appointed a C- cording to law to act as appraisers, shall severally take and subscribe an oath diligently and faithfully to examine and inspect such merchandise as the Col- lector may direct, and truly to report, to the best of their knowledge and belief, the true value thereof. (R. S. § 2614.) - The words in brackets were superseded by Subsequent acts. See § 5594. § 5349. Same; assistant appraisers—Each of the assistant appraisers at the port of New York, be— fore entering upon the duties of his office, shall take and subscribe an oath diligently and faithfully to ex- amine and inspect such goods, wares, and merchan- dise as the appraiser may direct, and truly to report to him the true value thereof, according to law. Such report shall be subject to revision and correction by the appraiser, and when approved by him shall be transmitted to the collector, and shall be deemed an appraisement by the United States local appraiser of the district of such merchandise required by law. The assistant appraisers at Boston, Philadelphia, and San Francisco, shall take and subscribe an Oath dili- gently and faithfully to examine and inspect such merchandise as the principal appraisers may direct, and truly to report to them the true value thereof, according to law. (R. S. § 2615.) § 5350. Same; customs officers—Every Officer, clerk, or employé appointed under this Title shall, be- fore entering upon his duties, take and Subscribe an oath in addition to the oath of office prescribed by section seventeen hundred and fifty-six Or section seventeen hundred and fifty-seven, Title “ProVisions applying to several classes of officers,” that he will use his best endeavors to prevent and detect frauds against the laws of the United States imposing du- ties upon imports. (R. S. § 2616.) See §§ 3216 5353. § 5351. Same; who may administer—The Oath of Office required by law to be taken by a collector may be taken before any magistrate authorized to administer oaths within the district to Which such collector belongs. The oath required to be taken by any other person appointed to any office under this Title shall be taken before the collector of his district. (R. S. § 2617.) § 5352. Same; certification—The oath of office administered to any person appointed to any Office under this Title shall be Certified under the hand and seal of the person by whom the same shall have been administered, and shall, Within three months there- after, be transmitted to the [Commissioner of Cus- toms]. In default of taking such oath, or of trans- mitting a certificate thereof, the person failing shall be liable to a penalty of two hundred dollars. (R. S. § 2618.) The words in brackets, “Commissioner of Customs,” were superseded by abolition of office. See §§ 402, 3288, 5354. § 5353. Same; subordinate customs officers; before whom and how taken; certification; de- fault—The oaths now required to be taken by Sub- ordinate officers of the customs may be taken before —take-and-subscribe-an-oath faithfully and diligently tile CollectOr Of the Customs in the district in which they are appointed, or before any officer authorized to administer oaths generally; and the oaths shall be taken in duplicate, One Copy to be transmitted to the [Commissioner of Customs], and the other to be filed With the CollectOr Of Customs for the district in which the Officer appointed acts. And in default of taking such oath, or transmitting a certificate there- of, or filing the same with the collector, the party failing shall forfeit and pay the sum of two hundred dollars, to be recovered, with cost of suit, in any court Of competent jurisdiction, to the use of the United States. (Feb. 8, 1875, c. 36, § 11, 18 Stat. 309.) See note under § 5352. § 5354. Saxme; custody—Hereafter the Copy of the Oath Of Office Of Subordinate Officers Of the CuS- toms, required, to be transmitted to the [Commissioner Of Customs] by section eleven of the “Act to amend existing Customs and internal revenue laws, and for other purposes,” approved February eighth, eighteen hundred and seventy-five, shall be transmitted to the Secretary of the Treasury. (March 2, 1895, c. 177, § 5, 28 Stat. 807.) See note under § 5352. § 5355. Same; special examiners of drugs- Special examiners of drugs, medicines, chemicals, and SO forth, shall, before entering upon their duties, to perform Such duties, and to use their best en- deavors to prevent and detect frauds upon the reve- nue Of the United States; which Oath Shall be ad- ministered by the collector of the port or district where the examiner making it is employed. (R. S. § 2611.) § 5356. Instructions to prevent importation— The Secretary of the Treasury shall give to the col- lectors of districts for which an examiner of drugs, medicines, and chemicals is not provided by law, such instructions as he may deem necessary to prevent the importation of adulterated and Spurious drugs and medicines. (R. S. § 26.12.) § 5357. Bonds of collectors, naval officers, and surveyors—Every eollector, naval officer, and surveyor, shall, before entering on the duties of his Office, give a bond to the United States, with One Or more sufficient Sureties, for the true and faithful discharge of the duties thereof according to law. And all bonds to be hereafter given shall be of the form following, to wit: Know all men by these pres- ents that We are held and firmly bound untO the United States of America in the full and just Sum Of dollars, money of the United States; to which payment, well and truly to be made, we bind ourselves, jointly and severally Our joint and several heirs executors and administrators, firmly by these presents, sealed with Our Seals and dated this day of One thousand The Con- dition of the foregoing obligation is such, that where- as the President of the United States hath, pursuant to law, appointed the said to the office of in the State of Now, therefore, if the said has truly and faithfully executed and discharged, and shall continue truly and faithfully to execute and discharge, all the duties of the said office, according to law, then the above obligation to be void and Of none effect; otherwise it shall abide and remain in full force and virtue. Sealed and delivered in the presence Of And the amount Of penalty shall be fixed by the President, as provided in section thirty six hundred and thirty nine. First. The collectors of New York and Philadelphia, in the sum of sixty thousand dollars each. Second. The collector of Boston and Charlestown, in the sum Of forty thousand dollars. Third. The collectors of Baltimore and Charleston, in the sum of thirty thousand dollars each. Fourth. The collector of Norfolk and Portsmouth, in the Sum of fifteen thousand dollars. * 5357 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTs [Page 864] * Fifth. The Collectors Of Portsmouth in New Hamp- shire, Salem and Beverly, Newport, Providence, Wil- mington in Delaware, Annapolis, Georgetown in the District of Columbia, Richmond, Alexandria, Wilming- ton in North Carolina, New Berne, Edenton, and Vicksburgh, in ten thousand dollars each. Sixth. The collectors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland and Fal- mouth, New London, New Haven, Fairfield, Perth Amboy, Newark, Yorktown, Tappahannock, George- town in South Carolina, Beaufort in South Carolina, and Savannah, in five thousand dollars each. Seventh. The CollectOrS Of Middletown and Waldo- borough, in four thousand dollars each. Eighth. The collectors of the several districts in the State of Florida, in such sum as the President shall prescribe. - tº - Ninth. All Collectors not above mentioned, in two thousand dollars each. Tenth. The naval officers at Boston, New York, Philadelphia, Baltimore, and Charleston, in ten thou- Sand dollars each. - Eleventh. All naval officers not above mentioned, in two thousand dollars each. Twelfth. The surveyors at Albany, Pittsburgh, Wheeling, Cincinnati, Louisville, Saint Louis, Nash- ville, and Natchez, in ten thousand dollars each. Thirteenth. The surveyors of Boston, New York, Philadelphia, Baltimore, and Charleston, in five thou- sand dollars each. Fourteenth. All surveyors not above mentioned, in one thousand dollars each. Feb. 27, 1877, c. 69, § 1, 19 Stat. 245.) See §§ 3290, 5372, 6638. § 5358. Same; how approved and filed—All bonds required by law to be given by collectors, naval Officers, Surveyors, or Other Officers of the customs, shall be approved by the [Commissioner of Customs], and shall be filed in his office. (R. S. § 2620.) See note under § 5352. § 53.59. Duties of collector where naval offi- cers and surveyors are appointed—At each Of the ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the col- Rector: - First. To receive all reports, manifests, and docu- ments to be made or exhibited on the entry of any Ship Or Vessel, a CCOrding to the regulations of this Title. Second. To record, in books to be kept for that purpose, all manifests. - Third. To receive the entries of all ships or ves- Sels, and of the goods, wares, and merchandise im- ported in them. * - Fourth. To estimate, together with the naval of- ficer where there is one, or alone where there is none, the amount Of the dues payable thereupon, indorsing Such amount upon the respective entries. Fifth. To receive all moneys paid for duties, and take all bonds for securing the payment thereof. : Sixth. To grant all permits for the unlading and delivery of goods. - - Seventh. To employ, with the approval of the Sec- retary of the Treasury, proper persons as weighers, gaugers, measures, and inspectors at the several ports within his district. - Eighth. To provide, with the like approval, at the public expense, store-houses for the safe-keeping Of goods, and Such Scales, weights, and measures as may be necessary. (R. S. § 2621.) - See §§ 858, 880, 8045, 10181, 10515. - § 5360. Collectors and special deputies may administer oaths—Hereafter Collectors of Customs and their Special deputies shall be competent to ad- minister Oaths to Officers Of the Revenue Marine Serv- ice and employees in the Customs Service required by Sections Seventeen hundred and ninety [and twenty- Six hundred and ninety-three] Of the Revised Stat- utes. (March 15, 1898, c. 68, § 1.) The Words in brackets were superseded by subsequent Megislation. See § 5327. (R. S. § 2619, amended, § 5361. Duties of collector; no naval officer appointed—At ports to which a collector and Sur- Veyor Only are appointed, the collector Shall solely ex- ecute all the duties in which the cooperation of the naval Officer is requisite at the ports where a naval Officer is appointed. And he shall act in like manner in Case of the disability or death of the naval officer, until a successor is appointed, unless there is a deputy duly authorized under the hand and seal of the naval officer, who in that case shall continue to act until an appointment is made. (R. S. § 2622.) § 5362. Same; collector only appointed—At ports to which a collector only is appointed, the col- lector Shall Solely execute all the duties in which the Co-Operation of the naval officer is requisite, at ports Where a naval officer is appointed, and he shall also, as far as may be, perform all the duties prescribed for Surveyors at ports where surveyors are author- ized. (R. S. § 2623.) - (R. S. § 2624. Superseded.) This section was superseded by the abolition of ports. of delivery not specifically mentioned as ports of entry, and , the grant of authority to the Secretary of the Treasury to “cause to be stationed at places in the various collection districts, though not named as ports of entry, officers or employés of the customs service with authority to enter and clear Vessels, to accept entries of merchandise, to col- lect duties, and to enforce the various provisions of the Customs and navigation laws,” by sections 2 and 9 of the Plan of Reorganization of the Customs Service pursuant §, #he provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § § 5363. Same; performance in case of disa- bility—In case of the disability or death of a Col- lectOr, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, for whose conduct the estate Of Such disabled Or deceased collector shall be liable; and, if there be no deputy, they shall devolve upon the naval Officer of the same district, if any there be; and if there be no naval officer, they shall devolve upon the surveyor of the port appointed for the residence Of Such disabled or de- Ceased collector, if any there be ; and if there be no Such surveyor, they shall devolve upon the Sur- veyor of the port nearest thereto and within the dis- trict. (R. S. § 2625.) , - § 5364. Duties of naval officers—At ports to which there are appointed a collector, naval officer, and Surveyor, it shall be the duty of the naval Offi- Cel’— First. tries. Second. To estimate, together with the collector, the duties on all merchandise subject to duty, and no duties shall be received without Such estimates. Third. To keep a separate record Of Such esti- mates. Fourth. To Countersign all permits, clearances, cer- tificates, debentures, and other documents, to be granted by the collector. - Fifth. To examine the collector's abstracts of du- ties and other accounts of receipts, bonds, and ex- penditures, and certify the same if found right. (R. S. § 2626.) - § 5365. Duties of surveyors; collectors and naval officers appointed—At ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the surveyor, who shall be in all cases subject to the direction of the collector— First. To superintend and direct all inspectors, weighers, measurers, and gaugers within his port. Second. To report Once in every week to the Col- lector the name or names of all inspectors, weighers, gaugers, Or measurers Who are absent from Or neg- lect to do their duty. Third. To visit or inspect the vessels, which ar- rive in his port, and make a return in writing every To receive copies of all manifests and en- morning to the Collector of all vessels which have arrived from foreign ports during the preceding day; specifying the names and denominations Of the ves- Sels, the masters’ names, from Whence arrived, wheth- Ch. 2) 3 5375 COLLECTION OF DUTIES UPON IMPORTS [Page 865] er laden or in ballast, to what nation belonging, and, if American vessels, whether the masters thereof have or have not complied with the law, in having the required number of manifests of the Cargo On board, agreeing in substance with the provisions of law. Fourth. To put on board each of such vessels one or more inspectors immediately after their arrival in his port. Fifth. To ascertain the proof, quantities, and kinds of distilled spirits imported, rating such spirits according to their respective degrees of proof, as defined by the laws imposing duties on spirits. Sixth. To examine whether the goods imported in any vessel, and the deliveries thereof, agreeably to the inspector's returns, correspond with the permits for landing the same ; and if any error or disagree- ment appears, to report the same to the Collector, and to the naval officer, if any. Seventh. To Superintend the lading for exporta- tion Of all goods entered for the benefit of any draw- back, bounty, or allowance, and examine and report whether the kind, quantity, and quality of the goods, so laden on board any vessel for exportation, cor- respond with the entries and permits granted therefor. Eighth. To examine, and, from time to time, and particularly on the first Mondays Of January and July in each year, try—the weights, –measures, and other instruments used in ascertaining the duties on imports, with standards to be provided by each col- lector at the public expense for that purpose ; and where disagreements or errors are discovered, to report the same to the collector ; and to obey and execute such directions as he may receive for cor- recting the same, agreeably to the standards. (R. S. § 2627.) § 5366. Same; surveyor only appointed—At ports to which surveyors only are appointed, the Sur- VeyOr Shall perform all the duties enjoined upon Surveyors by the preceding section ; and shall also receive and record the Copies of all manifests trans- mitted to him by the collector; shall record all per- mits granted by the collector, distinguishing the gauge, weight, measure, and quality of goods specified therein ; and shall take care that no goods be un- laden Or delivered from any ship or vessel without a proper permit for that purpose. (R. S. § 2628.) § 5367. Same; performance in case of disa- bility—In Case of the disability or death of a Survey- Or, the Collector of the district may authorize. Some fit person to perform his duties and exercise his pow- ers; and the powers of the person so authorized shall continue until a Successor is duly appointed, and ready to enter upon the execution of his Office. (R. S. § 2629.) § 5368. Deputy collectors—Every collector of the Customs shall have authority, with the approval of the Secretary of the Treasury, to employ within his district such number of proper persons as deputy col- lectors of the customs as he shall deem necessary; and such deputies are declared to be Officers of the Customs. And in Cases of OCCasional and necessary absence, or of sickness, any collector may exercise his powers and perform his duties by deputy, duly con- stituted under his hand and Seal, and he shall be answerable for the acts Of Such deputy in the execu- tion of such trust. (R. S. § 2630.) § 5369. Additional deputy collectors and oth- er officers; duties; bornds—That the Secretary of the Treasury be, and he is hereby, authorized to ap- point a deputy collector of customs and other customs officers at ports and subports of entry in the several Customs collection districts, and deputy Collectors thus appointed shall have authority to receive en- tries, collect duties, and to perform any and all func- tions prescribed by law for collectors of customs, sub- ject to such regulations and restrictions as the Secre- tary of the Treasury shall prescribe: Provided, That whenever the Secretary of the Treasury shall ap- COMP. ST.’18—55 point a deputy collector at a port of entry where there is no Collector, he shall designate the collector through whom such deputy shall report, but the bond of such deputy shall run to the Government, and the deputy shall be financially responsible directly to the Government. (Feb. 6, 1907, c. 471, 34 Stat. 880.) § 5370. Officer or clerk acting in case of sickness or absence of collectors and surveyors— In Case of the sickness or unavoidable absence of any Collector or Surveyor of customs from his office, he may, with the approval of the Secretary of the Treas- ury, authorize Some Officer Or Clerk under him to act in his place, and to discharge all the duties required by law of such collector or surveyor in his capacity as disbursing agent; and the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. (R. S. § 2631.) § 5371. Deputies of naval officers and survey- ors—Every naval Officer and Surveyor, in cases Of Oc- Casional and necessary absence, or of sickness, and not otherwise, may respectively exercise and perform his functions, powers, and duties by deputy, duly con- stituted under their hands and seals respectively, for Whom, in the execution of their trust, they shall re- Spectively be answerable. (R. S. § 2632.) § 5372. Clothing deputies with powers of col- leetors—The Secretary-of-the Treasury is author- ized, whenever in his opinion the public interest de- mands it, to clothe any deputy collector at a port Other than the principal port of entry, with all the powers of his principal appertaining to official acts; and he may require such deputy to give bond to the United States, in such amount as the Secretary may preScribe, for the faithful discharge of his official duties. (R. S. § 2633.) (R. S. § 2634. Superseded.) This Section was superseded by the salary allowances for clerks and deputies prescribed by the Plan of Reorgan- ization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. The Secretary of the Treasury was required to classify, as nearly as possible in conformity with R. S. § 163, ante, § 242, the clerks and persons employed by the collector, naval Officer, Surveyor, and appraisers in all customs dis- tricts, where the whole number of clerks and persons em- ployed shall be as many as fifty, by the Civil Service Act of Jan. 16, 1883, c. 27, § 6, set forth ante, $ 3277. The permanent appropriation for the expenses of collect- ing the revenue from customs, made by R. S. § 3687, was repealed by Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434. § 5373. Neglect or delinquency of officers or employés—The several collectors, naval officers, sur- veyors, and appraisers shall have power, with the ap- proval of the Secretary of the Treasury, as punish- ment for any neglect or minor delinquency the punish- ment whereof is not prescribed by law, to suspend from duty with loss of pay for a period not to exceed thirty days for any one cause, any customs officer Or employee nominated Or appointed and subordinate to Such collector, naval officer, surveyor, or apprais- er: Provided, however, that the Secretary of the Treasury may, On application by the suspended person Within One year from the expiration of the suspen- sion, in his discretion pay the whole or any part of the pay forfeited by reason of said suspension. (Dec. 18, 1890, c. 22, 26 Stat. 690.) § 5374. Leave of absence of All Officers and employees of the Customs Service of the Government who receive a per diem COmpensation shall be enti- tled to receive the same leave of absence as is pro- vided for Clerks and employees in the several executive departments at Washington, District of Columbia, by chapter one hundred and twenty-eight, section four, of the United States Statutes at Large, volume twen- ty-two, pages five hundred and sixty-three and five hundred sixty-four, approved March third, anno Do- mini eighteen hundred and eighty-three. (Aug. 28, 1890, c. 812, § 1, 26 Stat. 362.) § 5375. Rules and regulations to carry act in- to effect—The Secretary of the Treasury shall make 3.5376 COLLECTION OF DUTIES UPON IMPORTS (Tit. 34 - - IPage 8661 - all rules and regulations necessary to carry the pro- | fied, shall be liable to a penalty of not more than visions of this act into effect. § 2, 26 Stat. 362.) . - § 5376. Posting table of fees—Every collector, naval officer, and Surveyor shall cause to be affixed, and constantly kept in some public and conspicuous place of his office, a fair table of the rates of fees and duties demandable by law, and shall give a re- ceipt for the fees received by him, specifying the par- ticulars whenever required so to do; and for every failure So to do, he shall be liable to a penalty of one hundred dollars, recoverable to the use of the in- former. (R. S. § 2635.) § 5377. Penalty for extortion—Every officer of the Custom's Who demands Or, receives any other Or greater fee, compensation, or reward than is al- lowed by law, for performing any duty or service re- quired from him by law, shall be liable to a penalty Of two hundred dollars for each offense, recoverable to the use of the party aggrieved. (R. S. § 2636.) § 5378. Same; by inspectors, weighers, gaug- ers or measurers—If any inspector, gauger, weigher, or measurer shall receive any gratuity, fee, or reward for any services performed by virtue of this Title, Other, than is by law allowed, or if any gauger, weigh- er, or measurer, employed as such by the public, in the districts of Portsmouth, Salem and Beverly, Bos- ton and Charlestown, Providence, New York, Phila- delphia, Baltimore, Norfolk and Portsmouth, or Charleston, shall gauge, weigh, or measure any ar- ticle or articles, other than shall be directed by the proper officer, in order to ascertain the duties to be received, or the drawbacks to be allowed thereon, or Shall make a return of the weight, gauge, or measure Of any merchandise laden, or to be laden, On board any vessel for the benefit of drawback upon exporta- tion, Without having actually weighed, gauged, or measured the same, as the case may require, after Such merchandise Shall have been notified to the col- lector and entered for exportation, he shall be liable for the first offense to a penalty of fifty dollars, and for each subsequent offense to a penalty of two hun- dred dollars, and be discharged from the public serv- ice. And if any inspector or other officer of the cus- toms shall Certify the shipment of any merchandise entitled to drawback on exportation without having duly inspected and examined the same, after he shall have received the permit for lading such merchandise, or if the amount of such drawback shall be esti- mated according to Weight, gauge, or measure, until such merchandise shall be first weighed, 'gauged, or measured, as the case may require, he shall be sub- ject to the like penalties, and be discharged from the public service. (R. S. § 2637.) § 5379. Owning vessels or engaging in impor- tation—No person employed under the authority of the United States, in the collection of duties On im- ports or tonnage, shall own, either in whole Or in part, any vessel, or act as agent, attorney, or Con- signee for the owner or owners of any Vessel, or of any cargo or lading on board the same ; nor Shall any such person import, or be concerned directly or indirectly in the importation of any merchandise for sale into the United States. Every person who vio- lates this section shall be liable to a penalty of five hundred dollars. (R. S. § 2638.) § 5380. Keeping and rendering accounts—EV- ery collector, naval officer, and surveyor shall keep accurate accounts of all fees and official emoluments received by him, and of all expenditures, Specifying expenditures for rent, fuel, stationery, and clerk-hire, and shall annually, within ten days after the thirtieth day of June, transmit the same, verified by oath, to the proper Auditor, who shall annually lay an ab- stract of the same before Congress. Every collector, naval officer, or surveyor who omits or neglects to keep such account, or to transmit the same SO Veri- (Aug. 28, 1890, c. 812, ed by the Secretary of the Treasury; all times submit their books, papers, and accounts to blanks, and stationery of every five hundred dollars. (R. S. § 2639, amended, July 31, 1894, c. 174, § 19, 28 Stat. 210.) - § 5381. Same; duty in respect to accounts, and the penalty for omission—Collectors, naval officers, and surveyors shall attend in person at the ports to which they are respectively appointed ; and shall keep fair and true accounts and records of all their transactions, as officers of the customs, in such manner and form as may from time to time be direct- and shall at the inspection of such persons as may be appointed for that purpose; and shall once in every month, Or oftener if they shall be required, transmit their ac- COunts for Settlement to the Officer or Officers whose duty it shall be to make such settlement. And if any Collector, naval Officer, or surveyor shall omit to keep fair and true accounts, or shall refuse to submit forthwith his books, papers, and accounts to inspec- tion as required by law, or if any collector shall Omit or refuse to render his accounts for settlement, for a term exceeding three months after the same shall have been required by the proper officer, the delinquent officer shall be liable to a penalty of One thousand dollars, to be recovered with costs of suit, (R. S. § 2640.) . - - § 5382. Same; accounts to include all emolu- ments as well as expenses—Every collector, naval officer, and surveyor shall account to the Treasury for all his emoluments, and also for all the expenses incident to his office. Such accounts, as well of ex- penses as of emoluments, shall be rendered on oath, at Such times and in Such forms, and shall be supported by Such proofs, as shall be prescribed by the Secretary of the Treasury. (R. S. § 2641.) - - (R. S. § 2642. Superseded.) This section was superseded by the allowances for COmi- pensation of inspectors prescribed by the Plan of Reor- ganization of the Customs Service pursuant to the provi- sions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. § 5383. Same; list of clerks and account of expenditures—Every collector, naval officer, and Sur- veyor shall, together with his accounts of the ex- penses incident to his office, render a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties Which they several; ly perform; and also an account of the Sum's paid for stationery, official or contingent expenses, fuel, and office-rent, stating the purposes for which the premises rented are applied. (R. S. § 2648.) § 5384. Same; iist of clerks and account of expenditures; monthly estimate—The Collector Of customs of each of the districts on the northern, northeastern, and northwestern frontiers shall ren- der, with his accounts of the expenses incident to his office, a list of the clerks and other officers Of the custom's employed by him, stating the rate of Com- pensation allowed to each, the duties they severally perform, and also an account of the sums paid for stationery, fuel, and all other office expenses, in: cluding office-rent; for all of which expenses he Shall submit an estimate each month in advance, and shall state the purposes for which any premises are used : and shall also render an accurate account Of all fees and commissions collected by him. (R. S. § 2644.) § 5385. Same; accounts rendered quarterly- Ali accounts for salary, compensation, and emoluments shall be rendered quarterly, at the end of each qual': ter of the fiscal year. (R. S. § 2645.) § 5386. Books to be furnished-All blank-bookS, kind required by collectors and other officers of the customs shall, SG soon as they can be prepared for delivery, by ot under the direction of the Secretary of the Treasury, be furnished to them for the use of their respective offices, upon requisition made by them, and the ex- pense of such books, blanks, and stationery shall be paid out of the appropriation for defraying the eX. Ch. 2) COLLECTION OF DUTIES UPON IMPORTS 3 5393 [Page 867. I penses of collecting the revenue from customs. (R. S. ſ retary of the Treasury not to exceed eight dollars per § 2646.) day. (March 4, 1911, § 285, § 1, 36 Stat. 1393.) § 5387. Quarterly account of money received § 5391. Same; regulations for and limitations or collection—Every collector of customs, every naval officer, and every surveyor performing or having per- formed the duties of a collector, shall render a quar- ter-yearly account, under Oath, to the Secretary of the Treasury, in such form as the Secretary shall pre- Scribe, of all sums Of money by each of them re- Spectively received or Collected for fines, penalties, or forfeitures, or for seizure of merchandise, or upon Compromises made upon any seizure; or on account Of suits instituted for frauds against the revenue laws; or for rent and storage of merchandise, which may be stored in the public store-houses, and for Which a rent is paid beyond the rents paid by the Collector or other Such officer ; or for Custody of goods in bonded Warehouses; and if from Such accounting it shall appear that the money received in any one year by any Collector, naval Officer, or surveyor, On a CCOUnt and for rents and storage, and for fees and emoluments, shall in the aggregate exceed the Sum of two thousand dollars, such excess shall be paid by the Collector, naval Officer, or Surveyor, as the Case may be, into the Treasury as public money. (R. S. § 2647.) § 5388. Blanks—Collectors and surveyors of the collection-districts on the northern, northeastern, and northwestern frontiers are authorized to keep On Sale, at their several Offices, blank manifests and Clearances required for the business of their districts, and to charge the sum of ten cents, and no more, for each blank which shall be prepared and executed by them. (R. S. § 2648.) § 5389. Special agents—The Secretary of the Treasury may appoint special agents, not exceeding fifty-three in number, for the purpose of making the examinations Of the books, papers, and a CCounts of Collectors and other Officers Of the customs, and to be employed generally, under the direction of the Secre- tary, in the prevention and detection of frauds on the Customs revenue ; and the expense thereof shall be charged to the “appropriation to defray the expense of collecting the revenue from customs.” (R. S. § 2649.) (R. S. § 2650. Superseded.) This section, as enacted in the Revised Statutes, divided the special agents authorized by R. S. § 2649, ante, § 5389, into three classes: The first class to consist of 19 agents, 2 of whom were to receive $10 a day and expenses, and the rest to receive $8 per day. The second class to con- sist of 16 agents, each to receive, in addition to the actual expenses incurred, $6 per day. The third class to consist of 18 agents, each to receive, in addition to the expenses actually incurred, $5 per day. It was superseded by a pro- vision of Act March 3, 1891, c. 542, § 1, 26 Stat. 968, which was superseded by a similar provision of Act March 4, 1911, c. 285, § 1, post, § 5390. § 5390. ame; number and compensation— Hereafter the number and compensation of special agents to be appointed by the Secretary of the Treas- ury under Section twenty-six hundred and forty-nine Of the Revised Statutes of the United States, shall be as follows: One Supervising agent who shall Supervise and di- rect the special agents of the Treasury Department and who shall receive, in addition to the necessary traveling expenses actually incurred by him, a Com- pensation of four thousand five hundred dollars per annum; Ten Special agents who shall each receive, in addi- tion to the necessary traveling expenses actually in- Curred by him, a compensation to be fixed by the Sec- retary of the Treasury, not to exceed twelve dollars per day ; Ten special agents who shall each receive, in addi- tion to the necessary traveling expenses actually in- Curred by him, a compensation to be fixed by the Sec- retary of the Treasury, not to exceed ten dollars per day; and Ten Special agents who shall each receive, in addi- tion to the necessary traveling expenses actually in- Curred by him, a compensation to be fixed by the Sec- on number and compensation—The Secretary of the Treasury may, from time to time, make such regula- tions not inconsistent with law, for the government of the Special agents, as he deems expedient, and may rescind or alter regulations so made. But no special agent, in addition to those authorized by the two pre- Ceding Sections, shall be appointed or employed upon any business relating to the customs revenue; nor shall any sum be paid to any agent authorized to be employed for mileage Or any other expenses except such as aré actually incurred in the discharge of his official duty. (R. S. § 2651.) § 5392. Followizag instructions and decisions of Secretary of Treasury—It shall be the duty Of all officers Of the customs to execute and Carry into effect all instructions of the Secretary of the Treasury relative to the execution of the revenue laws; and in case any difficulty shall arise as to the true COn- struction or meaning of any part of the revenue laws, the decision of the Secretary of the Treasury shall be conclusive and binding upon all officers of the CuS- toms. (R. S. § 2652.) (R. S. § 2653. Superseded.) T This section was superseded by the Plan of Reorganiza- tion of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327, which section provided that such reorganization “should constitute for the fiscal year 1914, and until otherwise provided by Con- gress, the permanent organization of the customs Service.” § 5393. Fees of collectors—There shall be allow- ed and paid for the use of the collectors the follow- ing fees: First. To each Collector for every entrance of any vessel of one hundred tons burden and upward, two dollars and a half. Second. For every clearance of any vessel of one hundred tons burden and upward, two dollars and a half. Third. For every entrance of any vessel under the burden of One hundred tons, One dollar and a half. Fourth. For every clearance of any vessel under one hundred tons burden, One dollar and a half. Fifth. For every post entry, two dollars. Sixth. For every permit to land goods, twenty CentS. Seventh. For every bond taken officially, forty cents. Eighth. For every permit to load goods for expor- tation, which are entitled to drawback, thirty cents. Ninth. For every debenture or other official certifi- cate, twenty cents. Tenth. For every bill of health, twenty cents. Eleventh. For every official document, registers ex- cepted, required by any merchant, owner, or master of any vessel not elsewhere enumerated, twenty cents. (R. S. § 2654.) (R. S. §§ 2655–2657. Superseded.) These sections provided for the division of fees and ex- penses between the collector and naval officer, and for the division of drawback fees between the collector, naval of- ficer, and surveyor, and prescribed the fees of surveyors, inspectors, and deputy inspectors. They were superseded by the salary allowances prescribed by the Plan of Reor- ganization of the Customs Service pursuant to the Provi- sions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. § 2658. Superseded.) This section was superseded by the abolition of fees on entry of goods by the Customs Administrative Act of June 10, 1890, c. 407, § 22, 26 Stat. 140, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 102. (R. S. §§ 2659–2685. Superseded.) These Sections prescribed the compensation of collectors for various districts. They were superseded by the estab- lishment of other districts, and the allowance of certain compensation ‘‘in lieu of all fees, commissions, salaries, or other emoluments” by the Plan of Reorganization of the Customs Service pursuant to the provisions of § 5327. (R. S. § 2686. Superseded.) This section provided for the division of commissions between a collector resigning, or the legal representative of a deceased collector, and his successor in office. It was superseded by the allowance of compensation in lieu of. 3 5394 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 868] commissions by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. § 5394. Apportionment of compensation—Col- lectors and all other officers of the customs, serving for a less period than a year, shall not be paid for the entire year, but shall be allowed in no case a great- er than a pro rata of the maximum compensation of such officers respectively for the time only which they actually serve as such collectors or officers, whether the same be under one or more appointments, or be- fore or after confirmation. And no collector or other officer shall, in any case, receive for his services, ei- ther as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this Section shall be applied and enforced in regard to all officers, agents, and employés of the United States Whomsoever, as well those whose Compensation is de- termined by a commission on disbursements, not to exceed an annual maximum, as those paid by Salary or otherwise. (R. S. § 2687.) (R. S. § 2688. Superseded.) This section, as amended by Act March 3, 1875, c. 130, § 10, 18 Stat. 401, prescribed a limit to the compensation of collectors and surveyors acting as collectors. It was Su- perseded by the allowance of a certain compensation in Iieu of all fees by the Plan of Reorganization of the Cus- toms Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. - º Provisions fixing the compensation of collectors acting as disbursing agents were made by R. S. § 3657, post, § (R. S. § 2689. Superseded.) This section was superseded by the allowance of an an- nual compensation by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. §§ 2690, 2691. Superseded.) These sections limited the compensation of collectors, naval officers and surveyors of various ports. They are superseded by the allowances for compensation made by the Plan of Reorganization of the Customs Service pursu- ant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. - (R. S. § 2692. Superseded.) This section was superseded by the allowance of a fixed compensation “in lieu of all fees” and the requirement that all moneys collected or received by collectors, wheth- er as fees or otherwise should be “covered into the Treas- ury” by the Plan of Reorganization of the Customs Serv- ice pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, $ 5327, which act repealed the permanent appro- priation made by R. S. § 3687, for the expenses of collect- ing the revenue from customs. - (R. S. § 2693. Superseded.) This section was superseded by the allowances for com- pensation of clerks and other employés made by the reor- ganization of the Customs Service, pursuant to the provi- sions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. §§ 2694–2696. Superseded.) These sections were superseded by the Plan of Reorgan- ization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. §§ 2697–2702. Superseded.) These sections prescribed the salaries of deputy collec- tors at various ports, and were superseded by the allow- ances for salaries of deputy collectors in the districts es- tablished by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c 355, § 1, ante, § 5327. - (R. S. § 2703. Superseded.) This section was superseded by Act June 22, 1874, c. 391, § 23, 18 Stat. 190, which fixed the salary of such naval offi- cer at $5,000 a year. The same salary was prescribed by the Plan of Reorganization of the Customs Service pursu- ant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. - (R. S. § 2704. Superseded.) This section was superseded by the allowances for com- pensation prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. R. S. § 2705. Superseded.) ſe This section was superseded by the salary allowances prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1. ante, § 5327. (R. S. §§ 2706–2718. Superseded.) These sections were Superseded by salary allowances prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. §§ 2719, 2720. Superseded.) These sections were superseded by the salary allowances prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, C. 355, § 1, ante, § 5327. (R. S. §§ 2721–2723. Superseded.) These sections were superseded by the salary allowances prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, C. 355, § 1, ante, § 5327. R. S. § 2724. Superseded.) This Section was superseded by the Plan of Reorganiza- tion of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. § 2725. Superseded.) This section was superseded by the provisions relating to general appraisers and appraisers made by the Cus- toms Administration Act of June 10, 1890, c. 407, §§ 12, 13, 26 $tat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, post, § 5593. R. S. § 2726. Superseded.) This Section was superseded by the acts referred to in the note to R. S. § 2725, ante. (R. S. § 2727. Repealed.) This Section fixed the salary of the four general apprais- ers at the sum of $2,500 a year each, and their actual traveling expenses. It was repealed by Act Feb. 27, 1877, . c. 69, 19 Stat. 246. The provision authorizing the appointment of four gen- eral appraisers made by R. S. § 2608, was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. The Salary of the nine general appraisers authorized by Act June 10, 1890, c. 407, § 12, 26 Stat. 136, as amended by Act Aug. 5, 1909, c. 6, § 28, post, $ 5593, was fixed by said Section at $9,000 a year each. See note to R. S. § 2725, ante. (R. S. §§ 2728–2730. Superseded.) These Sections, the last of which was amended by Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 318, fixed the salaries of appraisers at various ports. They were superseded by the Salary allowances prescribed by the Plan of Reorganiza– tion of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. Subsequent provisions changing or otherwise affecting such salaries, made by Act Aug. 14, 1876, c. 270, § 2, 19 Stat. 139, Act March 3, 1891, c. 540, 26 Stat. 867, Act March 4, 1907, c. 2919, § 1, 34 Stat. 1373, Act July 1, 1902, c. 1372, 32 Stat. 715, Act Jan. 30, 1904, c. 40, 33 Stat. 9, Act Juné 30, 1906, c. 3914, § 4, 34 Stat. 763, and Act Jan. 23, 1911, c. 25, § 1, 36 Stat. 894, Were also superseded by said Plan of ReOrganization. Provisions prohibiting the appraiser at the port of New York from engaging in any commercial or mercantile busi- ness, or from acting as agent for any person engaged in such business, were made by R. S. § 2941, post, § 5630. (R. S. §§ 2731, 2732. Superseded.) These sections fixed the salary of assistant appraisers at Various ports. They were superseded by the salary al- lowances prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. Subsequent provisions for salary and compensation of as- sistant appraisers made by Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 392, Act, April 28, 1904, c. 1783, 33 Stat. 538, and Act March 4, 1909, c. 314, § 3, 35 Stat. 1065, were also su- perseded by said Plan of Reorganization. Provisions requiring one of the assistant appraisers at the port of New York to perform the duties of special ex- aminer of drugs were made by R. S. § 2938, post, § 5627. § 5395. Performance of duties of appraiser during vacancy—In case of a vacancy occurring, by reason of death or otherwise, in the office of apprais- er or assistant appraiser of merchandise in any cus- toms collection district the Secretary of the Treasury may designate some officer. or employee within the district to perform the duties of the office, without additional compensation, until the vacancy shall have been filled. (March 3, 1905, c. 1413, § 1, 33 Stat. 983.) § 5396. Performance of duties of appraiser or assistant, during sickness, disability, or absence— In case Of the sickness, disability, Or occasional and necessary absence from his office of an appraiser of merchandise in any Customs collection district it shall be lawful for the appraiser to nominate, and the Sec- retary of the Treasury to confirm, an assistant ap- praiser or other officer of the customs in the same cus- toms collection district, who shall perform the func- tions of the appraiser, without additional compensa- . tion, during such absence: Provided, That in no case shall any person enter upon or discharge the duties of the appraiser or assistant appraiser of merchandise Ch. 4) COLLECTION OF DUTIES UPON IMPORTS 33 5397–5461 [Page 869] until he shall have taken the oath required by law of tºº such officer. (March 3, 1905, c. 1413, § 2, 33 Stat. 983.) Chapter Three sºue Cutters and O3 US (R. S. §§ 2733–2738. Superseded.) These sections prescribed the compensation of inspec- §§ 5397–5461. (R. S. §§ 2747–2765, etc.) [Transferred.] tors. They were superseded by the allowances for com- pensation made by the Plan of Reorganization of the Cus- toms Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. Subsequent provisions regulating the compensation of in- Spectors, made by Act June 10, 1880, c. 189, 21 Stat. 173, Act March 3, 1881, c. 132, § 2, 21 Stat. 429, Act Dec. 16, 1902, c. 2, 32 Stat. 753, and Act March 4, 1909, c. 314, § 2, 35 Stat. 1065, were also superseded by said Plan of Reor- ganization. (R. S. § 2739. Superseded.) This section fixed the salary of weighers at various ports. It was superseded by the allowances for compen- sation prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. (R. S. §§ 2740–2742. Superseded.) These sections fixed the compensation of gaugers at va- rious ports. They were superseded by the allowances for compensation prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. The amendment of R. S. § 2742, by Act Feb. 27, 1877, C. 69, § 1, 19 Stat. 246, and provisions for salary of gaugers made by Act March 3, 1875, c. 147, 18 Stat. 480, and for assistant weigners made by Act March 4, 1909, c. 314, § 6, 35 Stat. 1065, were also superseded by said Plan of Reor- ganization. (R. S. §§ 2743, 2744. Superseded.) These sections fixed the compensation of special exam- iners of drugs at various ports. They were superseded by the allowances for compensation prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. The amendments of R. S. § 2743, by Act June 11, 1884, c. 75, 23 Stat. 40, and Act July 1, 1902, c. 1379, 32 Stat. 730, and the provisions authorizing the Secretary of the Treas- ury to increase and fix the compensation of Special exam- iners of drugs, not to exceed $3,500 per annum, made by Act March 4, 1909, c. 314, § 3, 35 Stat. 1065, were also Su- perseded by said Plan of Reorganization. Provisions requiring one of the assistant appraisers at the port of New York to perform the duties of Special eX- aminer of drugs, were made by R. S. § 2938, post, $ 5627. A provision by Act May 10, 1912, c. 117, that the special examiner of drugs, medicines, and chemicals in the dis- trict of Boston and Charlestown, Massachusetts, should, in addition to his duties as special examiner, for Which he should be appointed with special reference to his qualifi- cations, perform the duties and hold the rank of an as- sistant appraiser, was also incorporated in and Super- seded by said Plan of Reorganization. (R. S. § 2745. Superseded.) This section authorized the Secretary of the Treasury to limit and fix the compensation of examiners, clerks, Veri- fiers, samplers, openers, packers, and messengers, at the port of New York. It was superseded by the allowances for compensation prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. The provisions authorizing Secretary of the Treasury to increase and fix the compensation of examiners of mer- chandise, examiners of tea, and examiners and Special ex- aminers of drugs, not to exceed $3,500 per annum, made by Act March 4, 1909, c. 314, § 3, 35 Stat. 1065, were also superseded by said Plan of Reorganization. Provisions authorizing the appointment of examiners at the port of New York and prescribing their qualifications were made by R. S. § 2940, post, § 5629. Provisions prohibiting the examiners at the port of New York from engaging in business were made by R. S. § 2941, post, § 5630. (R. S. § 2746. Superseded.) This section and the amendments thereof by Act Feb. 27, 1877, c. 69, 19 Stat. 246 and Act March 4, 1909, c. 314, § 5, 35 Stat. 1065, provided for an additional compensation of twenty-five per centum to appraisers, deputy collectors, deputy surveyors, and deputy naval officers, at San Fran- cisco. It was superseded by the allowances for compensa- tion prescribed by the Plan of Reorganization of the Cus- toms Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. - Other provisions regulating the compensation of cus- toms officers at various ports and subports, made by Act Aug. 28, 1890, c. 814, 26 Stat. 363, Act March 16, 1896, c. 58, § 2, 29 Stat. 60, Act Jan. 6, 1896, c. 4, 29 Stat. 2, Act June 10, 1896, c. 403, 29 Stat. 384, Act June 23, 1898, c. 494, 30 Stat. 487, and Act March 3, 1901, c. 858, 31 Stat. 1437, and the provisions authorizing the Secretary of the Treasury to increase and fix the compensation of laborers, made by Act March 4, 1909, c. 314, § 1, 35 Stat. 1065, were also su- perseded by said Plan of Reorganization. This chapter consisted of R. S. §§ 2747-2765, and subse- quent acts and parts of acts, relating to the Revenue- Cutter Service, as follows: Act July 7, 1884, c. 332; Act Aug. 18, 1894, c. 301; Act June 11, 1896, c. 420; Act July 1, 1898, c. 546; Act April 12, 1902, c. 501; Act April 19, 1906, c. 1640, Act May 12, 1906, c. 2454; Act May 26, 1906, c. 2556; Act June 23, 1906, c. 3520; Act April 16, 1908, c. 145; Act April 21, 1910, c. 182; Act March 4, 1911, c. 285; Act Aug. 24, 1912, c. 355; Act Feb. 10, 1913, c. 35; Act June 23, 1913, c. 3. By Act Jan. 28, 1915, c. 20, the Coast Guard was estab- lished in lieu of the then existing Revenue-Cutter Service and the Life-Saving Service, said Coast Guard to be com- posed of the Revenue-Cutter Service and the Life-Saving Service, with the existing offices and positions and the in- Cumbent officers and men of such Services. Said Coast Guard was made a part of the military forces of the Unit- ed States, to operate under the Treasury Department in time of peace, and to be a part of the Navy in time of War, subject to the orders of the Secretary of the Navy in time of war or when the President shall so direct. Said Act Jan. 28, 1915, c. 20, also contained provisions rel- ative to the Organization, etc., of said Coast Guard. Said act did not, however, affect to any great extent the per- Sonnel of the Revenue-Cutter Service or the Life-Saving Service, or the duties of either of said Services. Never- theless, in view of the consolidation and merger of said Serviees; into the Coast Guard by said act, the laws con- stituting this chapter, as above enumerated, together with Said Act Jan. 28, 1915, c. 20, and all other subsequent laws relating to the newly constituted Coast Guard, have been transferred to Title LV A, which was formerly entitled “The Life-Saving Service,” and now changed to “The Coast Guard.” Said sections of the Revised Statutes and said laws will accordingly be found set forth or referred to post, §§ 8459%b(1)-8459%b(65), under said Title LV A, **The Coast Guard.” Chapter Four—Entry of Merchandise Sec. 5462. Definition of words; “merchandise.” Same; “port.” Same; “master.” Departure from prescribed forms. Where foreign vessels may enter and unlade. Same; foreign vessels. Same; vessels bound to ports of delivery only. Penalty for departing before making report or entry. Duty to report on arrival. . Special report of spirits and wines. . . Exception as to goods destined for foreign port; arti- cles in bulk for places in district other than port of entry. tº, Bond before proceeding to foreign port. 5474. Duty of collector as to bond. . . Vessels may proceed to Other districts. Copy of report and manifest, with collector’s certificate. Report or entry in other districts prescribed. #478. Bond on proceeding to another district. Cancellation of bond. Penalty for omitting certificate. Requisites of entry of goods generally. Entry of packages contained in packed packages of which no invoice has been received. Declaration on entry of packages contained in original package. * Bond by agent, factor, common carrier, or person other than owner or consigneee. Entry when particulars are unknown. Custody when invoice is imperfect. Vessel’s papers to be produced. Public vessels need not enter. Entry of ferry-boats; vessels exempt from fees” and tonnage taxes. Enrolled or licensed vessels. Entry of spirits and wines. Sea-stores to be specified. Collection of duty on excess of sea-stores. Forfeiture of sea-stores; transfer of sea-stores and equipment to other vessels of same owner. Coal for steam-vessels. Baggage and tools. Bond that owner shall make oath required from agent. Permit for baggage and tools. Concealing dutiable articles in baggage. $500. Entry of cigars. 5501. Oaths, how taken. Same; administered by clerks and inspectors of cus- toms. - - Manifests of cargo required. Same; What must be stated. Same; merchandise destined to different ports or dis- tricts. - # 5462 COLLECTION OF DUTIES UPON IMPORTs (Tit. :: [Page 870] Sec. . - - voyage from which she shall then have returned. (R. 5506. Same; penalty for not having correct manifest. S. § 2770.) . - * } 5507. Same; accident or mistake. - See §§ 3905, 5327, 5559-5562. x - º; : º; copies. - - § 5467. Same; foreign vessels—Wessels which 5516. Same; what number of copies must be delivered. are not vessels of the United States shall be admit- 5511. Same; penalty for omitting to produce and deliver cop- ted to unlade Only at ports of entry established by 162S. - + - .. - e ‘ - g - tº . g : . 5512. Same; making return of violations. . . . . and no . Yº. º be º ; 5513. Same; copy to be mailed to Auditor for Treasury De- entry in any other distric an in the one in whic partment. 5514. Vessels bound for Natchez and Vicksburg. 5515. Expenses of Officer sent With vessel. 5516. Inspector to accompany vessel to destination. - 5517. Duties of master bound for Petersburg or Richmond. 5518. Weights and measures used in invoices. 5519. Merchandise property of consignee. 5520. Invoices; requisites. . - 5521. Same; production to consular officer; declaration in- dorsed. ; : 5522. Same; entry without invoice, on affidavit and verified - statement; books; bond for production. 5523. Same; declaration to accompany. 5524. Entry or introduction of goods by means of false in- voice or other deception. - Same; seizure of merchandise as security for fines; re- lease on bond. - Same; forfeiture. - . Addition to or deduction from invoice value; additional 55.25. 5526. 5527. duties; forfeiture for undervaluation. 5528. Declaration on entry of consignments for sale. 5529. Invoices of goods from different consular districts. 5.530. cisions. - 5531. Bribery of officers or employés; , 5532. Same; evidence. - - 5533. Baggage in transit to foreign country. 5534. Laws applicable to Philippines. 5535. Collector to take possession when invoice not correct. 5536. Bond for production of invoice of goods of absent OW ner. . - Collectors and other officers not liable for rulings or de- evidence. 5537. Authentication in absence of consul. 5538. Oath of representative. 5539. Oath where one of owners resides abroad. 5540. Certificate upon invoice. 5541. Indorsement upon invoice. - 5542. Quadruple invoices; indorsement; disposition; fees. 5543. Change of destination. - 5544. Countries excepted from foregoing provisions. 5545. Restriction on consular certificates. Consuls to exact proof of invoice. To report fraudulent practices. - Smuggling merchandise, or making or passing false in- VOICe. - Custom-house bonds of partnerships. Custom-house brokers; license. 5551. Same; revocation. - 5552. Same; review of decision revoking. 5553. Same; regulations for carrying act into effect. 5554. Definition of “person.” - . § 5462. Definition of words; “merchandise”— The word “merchandise,” as used in this Title, may include goods, wares, and chattels of every description capable of being imported. (R. S. § 2766) § 5463. Same; “port”—The word “port,” as used in this Title, may include any place from which merchandise can be shipped for importation, or at which merchandise can be imported. (R. S. § 2767.) $.5464. Same; “master”—The word “master,” as used in this Title, may include any person having the Chief charge or command of the employment and navigation of a vessel. (R. S. § 2768) § 5465. Departure from preseribed forms—In Cases where the forms of official documents, as pre- Scribed by this Title, shall be substantially complied with and observed, according to the true intent there- of, no penalty or forfeiture shall be incurred by a deviation therefrom. (R. S. § 2769) § 5466. Where foreign vessels may enter and Rihalade-It shall not be lawful to make entry of any Vessel which shall arrive within the United States, from any foreign port, or of the cargo on board such Vessel, elsewhere than at one of the ports of entry des- ignated in chapter one of this Title; nor to unlade the Cargo, or any part thereof, elsewhere than at one of the ports of delivery therein designated, except that every port of entry shall be also a port of delivery. This section shall not prevent the master or com- mander of any vessel from making entry with the Collector of any district in which such vessel may be OWned, Or from which she may have sailed on the Charges, be liable to a penalty of four hundred dollars; port of the United States. she shall be admitted to unlade. (R. S. § 2771.) § 5468. Sarrie; vessels bound to ports of de- livery orally—The master Of every vessel bound to a - port of delivery only, in any district, shall first come to at the port of entry of such district, with his vessel, and there make report and entry in writing, and pay all duties required by law, port fees and before Such Vessel Shall proceed to her port of delivery. Any master of a vessel who shall proceed to a port of delivery contrary to such direc- tions shall be liable to a penalty of five hundred dollars, to be recovered with costs of suit. (R. S. § 2772.) & § 5469. Penalty for departing before making report or entry—If any vessel, having arrived with- in the limits of any collection-district, from any for- eign port, departs, or attempts to depart from the same, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master with the collector of some district, the master sº £UIl any collector, naval officer, surveyor, or command- er of any revenue-Cutter may cause such vessel to be arrested and brought back to the most convenient If, however, it is made to appear by the oath of the master, and of the person next in command, or by other sufficient proof to the satisfaction of the collector of the district within which Such vessel shall afterward come, Or to the satisfaction of the court in which the prose- cution for such penalty may be had, that the depar- ture or attempt to depart was occasioned by stress of weather, pursuit or duress of enemies, or other necessity, the penalty imposed by this section shall not be incurred. (R. S. § 2773.) • , § 5470. Duty to report on arrival—Within twenty-four hours after the arrival of any vessel, from any foreign port, at any port of the United States established by law, at which an Officer of the customs resides, or within any harbor, inlet, or creek thereof, if the hours of business at the office of the chief Officer of the customs at such port will per- mit, or as soon thereafter as such hours will permit, the master shall repair to such office, and make re- port to the chief officer, of the arrival of the vessel; and he shall, within forty-eight hours after such ar- rival, make a further report in writing, to the col- lector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in, and verified like, a manifest. Every master who shall neglect or omit to make either of such reports and declarations, or to verify any such declaration as required, Or shall not fully comply with the true intent and meaning Of this section, shall, for each offense, be liable to a penalty Of One thousand dollars. (R. S. § 2774.) . . § 54.71. Special report of spirits and wines- The master of any vessel having on board distilled spirits, or wines, shall, within forty-eight hours aft- er his arrival, whether the same be at the first port of arrival of such vessel or not, in addition to the requirements of the preceding section, report, in writ- ing to the surveyor or officer acting as inspector of the revenue of the port at which he has arrived, the foreign port from which he last sailed, the name of his vessel, his own name, the tonnage and denomi- nation of such vessel, and to what nation belonging, together with the quantity and kinds of spirits and wines, on board of the vessel, particularizing the number of casks, vessels, cases, or other packages Ch. 4) 3 5481 COLLECTION OF DUTIES UPON IMPORTS [Page S71] containing the same, with their marks and numbers, as also the quantity and kinds of Spirits and Wines, on board such vessel as sea-stores, and in default thereof he shall be liable to a penalty Of five hundred dollars, and any spirits omitted to be reported shall be forfeited. (R. S. § 2775.) - § 5472. Exception as to goods destined for foreign port; articles ini bulk for places in dis- trict other than port of entry—Any Vessel may proceed with any merchandise brought in her, and, in the manifest delivered to the collector Of the CuS- toms, reported as destined for any foreign port, from the district. Within which Such vessel Shall first ar- rive to such foreign port without paying Or securing the payment of any duties upon such merchandise as shall be actually re-exported in the vessel. But the Imanifest so declaring to re-export such merchandise shall be delivered to such collector within forty- eight hours after the arrival of the vessel. And the master Of Such vessel shall give bond as required by the next section. Provided, That vessels arriving at a port of entry in the United States, laden with Coal, salt, railroad-iron, and other like articles in bulk, may proceed to places within that collection dis- trict to be specially designated by the Secretary of the Treasury, by general regulations or otherwise, under the Superintendence of customs officers, at the expense of the parties interested, for the pur- Jose of unlading cargoes of the character before men- tioned. (R. S. § 2776, amended, June 26, 1884, c. 121, § 29, 23 Stat. 59.) t § 5473. Bond before proceeding to foreign port—The master Of any vessel SO destined for a foreign port shall give bond, with one or more sure- ties, in a Sum equal to the amount of the duties upon the merchandise, as the same shall be estimated by the collector and naval officer of the port where the Teport shall be made, to the satisfaction of the col- lector, with condition that the merchandise, or any part thereof, shall not be landed within the United States, unless due entry thereof shall have been first made and the duties thereupon paid, according to law. Such bond shall be taken for the same period, and canceled in like manner, as a bond given for Ob- taining drawback of duties. No such bond shall be required in respect to merchandise on board of any vessel which has put into the United States from a Inecessity, shown as prescribed in Section twenty-seven hundred and seventy-three. (R. S. § 2777.) See §§ 3043, 3044, 5746, 5747. * § 5474. AEtity of collector as to bond—The col- lector receiving any bond conditioned for the pay- merit of duties upon merchandise reported as destined for a foreign port, in Case the same shall be landed within the United States, or any other bonds taken . upon the exportation of merchandise entitled to draw- back, shall immediately after the time when by the Conditions of the same they Ought to be canceled, put the same in Suit, provided the proof of the OC- currence of such a necessity as excuses a landing of such goods within the United States has not been produced, or further time granted therefor by the Secretary of the Treasury. (R. S. § 2778.) § 5475. Vessels may proceed to other dis- triets—Any vessel in which any merchandise is brought into the United States from any foreign port, and which is specified in the manifest verified before the Collector of the port in which Such vessel first arrives, to be destined for other districts, may pro- Ceed. With the Same from district to district within the United States, in order to the landing or delivery thereof; and the duties On Such of the merchandise only as shall be landed in any district shall be paid within such district. (R. S. § 2779.) § 5476. Copy of report and manifest, with eollector’s certifieate—Before any vessel departs from the district in which she shall first arrive for another district, provided such departure is not with- in forty-eight hours after her arrival within such dis- trict, with merchandise brought in such vessel from a foreign port on which the duties have not been paid, the master shall obtain from the Collector of the district from which she is about to depart, who is hereby required to grant the same, a Copy of the report and manifest made by such master, certified by the Collector, to which copy shall be annexed a certificate of the quantity and particulars of the merchandise which appears to him to have been landed within his district, or of the quantity and particulars of the merchandise which remains On board and upon which the duties are to be paid in some other district. (R. S. § 2780.) § 5477. Report or entry in other districts prescribed—Within twenty-four hours after the ar- rival of such vessel within any other district, the master shall make report or entry to or with the Col- lector of such other district, producing and showing the certified copy of his first report, together with a certificate from each collector of any other district within which any of the merchandise, brought in such vessel, has been landed, of the quantity and particulars of such merchandise as has been landed in each district respectively. (R. S. § 2781.) § 5478. Bond on proceeding to a riother dis- triet—The master shall, however, first give bond, —with one or more-sureties, to the satisfaction of the Collector of the district within which the vessel first arrives, in a sum equal to the amount of the duties on the residue of the merchandise, according to such estimate as the Collector shall form thereof, With condition that the residue of such merchandise shall be duly entered and delivered in another district for which the same has been reported to be destined. (R. S. § 2782.) - § 5479. Cancellation of bond—The bond shall be canceled or discharged within six calendar months from the date thereof, by the production of certifi- Cates from the Collectors Of the districts for which the merchandise has been reported, showing the due entry and delivery of the merchandise in such dis- tricts, or upon due proof to the satisfaction of the Collector by whom the bond was taken, and to the naval officer of the port, if any, that such entry and delivery were prevented by some unavoidable acci- dent or Casualty, and if the whole or any part of the merchandise has not been lost, that it has been July entered and delivered within the United States. (R. S. § 2783.) § 5480. Penalty for omitting certificate—If the master of any such vessel fails by his neglect or fault to obtain the copy of his report from the collector of the district from which he is about to depart, or any certificate which he ought to obtain, or neglects to exhibit the same to the collector of any other dis- trict to which the vessel afterward proceeds, within the time for that purpose allowed, he shall be liable to a penalty, for every such neglect or omission, of five hundred dollars. (R. S. § 2784.) § 5481. Requisites of entry of goods general- ly—The owner or consignee of any merchandise on board Of any Such vessel, Or, in case of his absence Or sickness, his known agent Or factor in his name, shall, within fifteen days after the report of the master to the COllectOr Of the district for which Such merchandise shall be destined, make entry thereof in writing with the Collector, and shall in such entry specify the name Of the vessel and of her master, in which, and the port or place from which such merchandise was imported, the particular marks, numbers, denominations, and prime cost, including charges of each particular package or parcel whereof the entry shall consist, or, if in bulk, the quantity, quality, and prime cost, including charges thereof, particularly specifying the species of money in which the invoices thereof are made out. Such entry shall be subscribed by the person making it, if the owner Or Consignee, in his own name, or, if another person, in his name as agent or factor, for the own- & 5482 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 872.I er or consignee. The person making such entry shall also produce to the collector and naval officer, if any, the original invoices of the merchandise, or other documents received in lieu thereof, or concerning the same, in the same state in which they were received, with the bills of lading for the same; which invoices shall be signed by the persons in the offices of the Collector and naval Officer who have Compared and examined them. (R. S. § 2785.) (R. S. § 2786. Superseded.) This section was superseded by the Customs Adminis- trative Act of June 10, 1890, c. 407, §§ 4, 5, 22, 26 Stat. 131, 132, 140, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 92, 102, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, E, F, post, §§ 5522, 5523, and section IV, S, of that act, ante, § 5316, which acts abolished oaths administered by customs officers, except as provided in said acts, and required dec- larations in lieu of oaths on entry of goods, except in cases of entries made on affidavit without invoice. § 5482. Entry of packages contained in pack- ed packages of which no invoice has been receiv- ed—A separate entry may be made of one or more packages contained in an importation of packed pack- ages Consigned to One importer Or Consignee, and Con- Cerning which packed packages, no invoice, or state- ment Of Contents Or values, has been received. Every such entry shall contain a declaration of the whole number of parcels contained in such original packed package ; and shall embrace all the goods wares, and merchandise imported in One vessel at One time for One and the same actual Owner, Or ultimate consignee. (May 1, 1876, c. 89, § 1, 19 Stat. 49.) § 5483. Declaration on entry of packages con- tained in original package—The importer, COn- signee, or agent’s Oath prescribed by section twenty- eight hundred and forty-one of the Revised Statutes, is hereby modified for the purposes of this Act, so as to require the importer Consignee or agent to declare therein that the entry Contains an account Of all the goods imported in the Whereof is master, from for account Of which Oath SO modified, shall in each Case, be taken on the entry of One Or more packages Contained in an original package. But nothing in this act contained shall be Construed to relieve the importer, consignee, or agent from producing the Oath of the Owner Or ultimate consignee in every Case, now required by law; or to provide that an importation may consist of less than the whole number of parcels Contained in any packed package, Or packed packages Consigned in One vessel at one time, to One importer, Consignee Or agent. (May 1, 1876, c. 89, § 2, 19 Stat. 49.) See § 5523. § 5484. Bond by agent, factor, common car- rier or person other than owner or consignee— . Whenever any entry is made with the Collector of any district of merchandise imported into the United States subject to duty by any agent, factor, or person, other than the person to whom it belongs Or to whom it is ultimately consigned, the collector shall take a bond with Surety from such agent, factor, Or per- son in the penal Sum Of an amount equal to double the estimated duties, with condition that the actual owner or consignee Of Such merchandise shall deliver to the collector a full and Correct a CCOunt Of the mer- chandise imported by him, or for him . On his own ac- count, or consigned to his Care, in the same manner and form as required in respect to any entry previous to the landing of merchandise; which account shali be verified by a like Oath, as in the Case Of an entry, to be taken and subscribed before any judge of the {Jnited States, or the judge of any Court of record of a State, or before any Collector of the Customs, or before any properly qualified notary whose seal shall be attested by the clerk of the county in which he is resident, or before any notary public designated by the Secretary of the Treasury. In Case of the pay- ment of the duties at the time of entry by any factor or agent on the merchandise entered by him, the con- dition of the bond shall be to produce the account of the proper owner or consignee, verified in manner as before directed, within ninety days from the date Of Such bond. The bond in no case, shall be for less than One hun- dred dollars, and may not be required when the en- tered Value of the merchandise does not exceed One hundred dollars. In the event of failure to produce the declaration of the Owner or ultimate Consignee within the time herein prescribed the bond may be Canceled, at the discretion of the Secretary of the Treasury, upon due proof that the factor or agent who entered the merchandise exercised proper dili- gence in the effort to fulfill the requirements of this Act. - * Provided, That with the approval of the Secretary of the Treasury any agent, factor, Or Common Carrier engaged in the entry of merchandise at the port of first arrival may give a general penal bond at Said port for the production of the oaths of owners or ul- timate COInsignees. Said bond shall be fixed by the Secretary of the Treasury at an amount sufficient in his Opinion to cover all obligations to the United States that may accrue, and the record and Cancel- lation of liabilities under said general bond shall be in accordance with such rules as he may prescribe. (R. S. § 2787, amended, March 2, 1905, c. 1306, 33 Stat. 826.) § 5485. Entry when particulars are unknown —Where the particulars of any merchandise are un; known, in lieu of the entry prescribed by Section twenty-seven hundred and eighty-five, an entry there- of shall be made and received according to the cir- cumstances of the Case; the party making the same declaring upon Oath all that he knows or believes COn- cerning the quality and particulars of the merchan- dise, and that he has no other knowledge or infor- Imation concerning the same. (R. S. § 2788.) § 5486. Custody when invoice is imperfect- Whenever an entry of merchandise is imperfect, for Want of invoices, bills of lading, or for any other Cause, the collector shall take the merchandise into his custody, until the quantity, quality, or value there- of, as the case may require, can be ascertained. (R. S. § 2789.) § 5487. Vessel’s papers to be produced—The register, or other document in lieu thereof, together with the clearance and other papers granted by the Officers of the Customs to a vessel at her departure from the port from whence she may have arrived, Mediterranean passports excepted, shall previous to entry be produced to the collector with whom such entry is to be made, and shall remain in his office; and On the clearance of such vessel the register and other documents shall be returned to the master or Owner of Such vessel. (R. S. § 2790.) § 5488. Public vessels need not enter—It shall not be necessary for the master of any vessel of War, or of any vessel employed by any prince, Or State, as a public packet for the conveyance of letters and dis- patches, and not permitted by the laws of such prince or state to be employed in the transportation of mer- chandise, in the way of trade, to make report and entry. (R. S. § 2791.) § 5489. Entry of ferry-boats; vessels exempt from fees and tonnage taxes—Vessels used exclu- sively as ferry-boats carrying passengers, baggage, and merchandise, shall not be required to enter and clear, nor shall the masters of such vessels be requir- ed to present manifests, or to pay entrance Or Clear- ance fees, or fees for receiving Or Certifying manifests, but they shall, upon arrival in the Unit- ed States, be required to report such baggage and merchandise to the proper officer of the Customs ac- COrding to law. Any passenger vessel engaged triweekly Or Oftener in trade between ports of the United States and for- eign ports shall be exempt from entrance and Clear- ance fees and tonnage taxes while Such Service tri- Ch. 4) ź 5500. COLLECTION OF DUTIES UPON IMPORTS weekly or oftener is maintained. (R. S. § 2792, amend- ed, May 28, 1908, c. 212, § 1, 35 Stat. 424.) § 5490. Enrolled or licensed vessels—Enrolled or licensed vessels engaged in the foreign and coast- ing trade on the northern, northeastern and north- western frontiers of the United States, departing from Or arriving at a port in One district to Or from a port in another district, and also touching at inter- mediate foreign ports, shall not thereby become liable to the payment of entry and Clearance fees, Or ton- nage tax, as if from or to foreign ports; but such ves- sels shall, notwithstanding, be required to enter and clear. (R. S. § 2793.) § 5491. Entry of spirits and winnes—Every im- porter of distilled Spirits Or wines, Or person to wholm distilled spirits or wines are consigned, shall make a separate and additional entry thereof, specifying the name of the vessel, and her master, in which, and the place from which, such spirits or wines were import- ed, together with the quantity and quality thereof, and a particular detail of the casks or receptacles Containing the same, with their marks and numbers ; Such entry shall be Subscribed by the perSOn making the same, for himself, or in behalf of the person for whom such entry is made, and shall be certified by the Collector, before whom it is made, as a true Copy, and conformable to the general entry before directed, in respect to all distilled spirits and wines therein contained ; such entry thus certified shall be trans- mitted to the Surveyor or Officer acting as inspector Of the revenue for the port where it is intended to COmmence the delivery Of Such Spirits Or Wines. (R. S. § 2794.) § 5492. Sea-stores to be specified—In Order to ascertain what articles Ought to be exempt from duty as the sea-stores of a vessel, the master shall par- ticularly specify the articles, in the report or mani- fest to be by him made, designating them as the Sea-Stores Of Such vessel; and in the Oath to be taken by Such master, on making such report, he shall de- clare that the articles so specified as sea-stores are truly such, and are not intended by way of merchan- dise or for sale ; whereupon the articles shall be free from duty. (R. S. § 2795.) § 5493. Collection of duty on excess of sea- stores—Whenever it appears to the collector to whom a report and manifest of sea-stores are delivered, to- gether With the naval officer, where there is One, or alone, where there is no naval officer, that the quan- tities Of the articles, or any part thereof, reported as sea-stores, are excessive, the collector, jointly with the naval Officer, Or alone, as the case may be, may in his discretion estimate the amount of the duty on such excess; which shall be forthwith paid by the master, to the Collector, on pain of forfeiting the value of such excess. (R. S. § 2796.) § 5494. Forfeiture of sea-stores; transfer of sea-stores, and equipment to other vessels of same owner—If any other Or greater quantity Of articles are found On board Such vessel as Sea-Stores than are specified in an entry of sea-stores, Or if any Of the articles are landed without a permit first Ob- tained from the collector, and naval Officer if any, for that purpose, all Such articles as are not included in the report or manifest by the master, and all which are landed without a permit, shall be forfeited, and may be seized; and the master shall moreover be liable to a penalty of treble the value of the articles Omitted Or landed. Sea Stores and the legitimate equipment of vessels belonging to regular lines plying between foreign ports and the United States delay- ed in port for any cause may be transferred in such port of the United States under the Supervision of the customs officers from one vessel to another vessel Of the same owner without payment of duties, but du- ties must be paid on such stores or equipments land- ed for consumption, except American products. (R. [Page 873] S. § 2797, amended, March 3, 1897, c. 389, § 17, 29. Stat. 691.) - § 5495. Coal for steam-vessels—The master of any vessel propelled by steam, arriving at any port in the United States, may retain all the coal such vessel may have On board at the time Of her arrival, and may proceed with such coal to a foreign port, without being required to land the same in the Unit- ed States or to pay any duty thereon. (R. S. § 2798.) § 5496. Baggage and tools—In Order to ascer- tain what articles Ought to be exempted as the Wear- ing apparel, and other personal baggage, and the tools or implements of a mechanical trade Only, Of persons who arrive in the United States, due entry thereof, as Of other merchandise, but Separate and distinct from that of any other merchandise, im- ported from a foreign port, shall be made with the Collector of the district in which the articles are in- tended to be landed by the Owner thereof, or his agent, expressing the persons by whom or for whom such entry is made, and particularizing the several packages, and their. Contents, with their marks and numbers; and the person who shall make the entry Shall take and subscribe an oath before the Collector, declaring that the entry subscribed by him and to Which the Oath is annexed contains, to the best of his knowledge and belief, a just and true account Of the COntents of the several packages mentioned in the entry, specifying the name of the vessel, of her master, and Of the port from which she has arrived : and that Such packages Contain no merchandise what- ever Other than Wearing apparel, personal baggage, Or, as the Case may be, tools of trade, Specifying it; that they are all the property of a person named who has arrived, or is shortly expected to arrive in the United States, and are not directly or indirectly im– #." for any other, or intended for sale. (R. S. § 799. § 5497. Bond that owner shall make oath re- quired from agent—Whenever the person making entry of any articles as wearing apparel, personal baggage, tools, or implements, is not the owner of them, he shall give bond with one or more Sureties, to the satisfaction of the collector, in a sum equal to the duties on like articles imported subject to duty, upon the COndition that the Owner of the articles Shall, Within One year, personally make an oath Such as is prescribed in the preceding section. (R. S. § 2800.) § 5498. Permit for baggage and tools—On comf- pliance with the two preceding sections, and not Otherwise, a permit shall be granted for landing such articles. But whenever the collector and the naval Officer, if any, think proper, they may direct the baggage of any person arriving within the United States to be examined by the Surveyor of the port, Or by an inspector Of the Customs, who shall make . . a return of the same ; and if any articles are con- tained therein which in their opinion ought not to be exempted from duty, due entry of them shall be made and the duties thereon paid. (R. S. § 2801.) § 5499. Concealing dutiable articles in bag- gage—Whenever-any article subject to duty is found; in the baggage of any person arriving within the TJnited States, which was not, at the time of making entry for Such baggage, mentioned to the Collector before whom such entry Was made, by the person, making entry, Such article shall be forfeited, and the person in Whose baggage it is found shall be liable to a penalty of treble the value of such article. (R. S. § 2802.) - (R. S. § 2803. Superseded.) This section was superseded by the Customs Adminis- trative Act of June 10, 1890, c. 407, § 28, 26 Stat. 141, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, and further amended by the Under- wood Tariff Act of Oct. 3, 1913, c. 16, § III, CC, post, 3 * 5533, which acts re-enacted the provision, with additions. § 5500. Entry of cigars—No cigars shall be im- ported unless the same are packed in boxes of not 3 5501 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 8741 more than five hundred cigars in each box; and Ino entry of any imported cigars shall be allowed of less quantity than three thousand in a single pack- age; and all cigars on importation shall be placed in public store or bonded warehouse, and shall not be removed, therefrom until the same shall have been inspected and a stamp affixed to each box indicating Such inspection, and also, a serial number to be re- COrded in the custom house. And the Secretary of the Treasury is hereby authorized to provide the req- uisite Stamps, and to make all necessary regulations for carrying the above provisions of law into effect. (R. S. § 2804, amended, Aug. 27, 1894, c. 349, § 26, 28 Stat. 552.) § 5501. Oaths, how taken—All oaths to be taken tipOn making Of any of the reports or entries, or respecting any of the acts mentioned in this chapter, Whether by a master of any vessel, or the owner or consignee of any merchandise, his factor or agent, Or by any other person, shall be administered by the Collector, or officer to or with whom the report Or entry is made, and shall be reduced to writing, and Subscribed by the person taking and by the per- Son administering the oath. (R. S. § 2805.) § 5502. Same; administered by clerks and in- spectors of custorms—Such clerks and inspectors of customs as the Secretary of the Treasury may des- ignate for the purpose shall be authorized to ad- minister oaths, such as deputy collectors of cus- toms are now authorized to administer, and no com- pensation shall be paid or charge made therefor. (Sept. 30, 1890, c. 1126, 26 Stat. 511.) • § 5503. Manifests of cargo required—No mer- Chandise shall be brought into the United States, from any foreign port, in any vessel unless the master has On board manifest in writing of the cargo, signed by Such master. (R. S. § 2806.) - § 5504. Same; what must be stated—Every manifest required by the preceding section shall Con- tain : . - First. The name of the ports where the merchandise in such manifest mentioned were taken on board, and the ports within the United States for which the Same are destined; particularly noting the merchan- dise destined for each port respectively. Provided, however, That the master of a vessel laden exclusive- ly either with sugar, coal, salt, hides, dyewoods, wool, Or jute butts, consigned to one consignee, arriving at a port for orders, may be permitted to destine such Cargo or determine its disposition “for orders,” up- On entering the vessel at the Custom-house, and, within fifteen days afterward and, before the unload- ing of any part of the cargo, to amend the manifest by designating the actual port of discharge of such cargo: Provided further, That in the event of failure to designate the port of discharge within fifteen days such cargo must be discharged at the port where the vessel entered. * Second. The name, description, and build of the ves- sel; the true admeasurement or tonnage thereof; the port to which such vessel belongs; the name of each owner, according to the register of the same; and the name of the master of such vessel. Third. A just and particular account Of all the merchandise, so laden. On board, whether in pack- ages or stowed loose, of any kind or nature what- ever, together with the marks and numbers as marked on each package, and the number or quantity and description of the packages in words at length, wheth- er leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, Chest, box, bandbox, bum- dle, parcel, cask, or package, of any kind or sort, de- scribing the same by its usual name or denomination. Fourth. The names of the persons to whom such packages are respectively consigned, agreeably to the bills of lading signed for the same, unless when the goods are consigned to order, when it shall be so expressed in the manifest. ; Fifth. The names of the several passengers on board. the Vessel, distinguishing whether cabin or steerage passengers, or both, with their baggage, specifying the number and description of packages belonging to each respectively. - Sixth. An account of the sea-stores remaining, if any. (R. S. § 2807, amended, June 3, 1892, c. 86, § 1, 27 Stat. 41.) * § 5505. Same; merchandise destined to dif- ferent ports or districts—If merchandise shall be imported, destined to be delivered in different dis- tricts or ports, the quantities and packages so des- tined to be delivered shall be inserted in successive Order in the manifest; and all spirits and wines con- stituting the whole or any part of the cargo of any Vessel Shall also be inserted in successive order, dis- tinguishing the ports to which the same may be des- tined, and the kinds, qualities, and quantities there- of. (R. S. § 2808.) - § 5506. Same; penalty for not having cor- rect manifest—If any merchandise is brought into the United States in any vessel whatever from any foreign port without having such a manifest on board, Or Which shall not be included or described in the manifest, or shall not agree therewith, the master Shall be liable to a penalty equal to the value of such merchandise not included in such manifest; and all Such merchandise not included in the manifest be- Ionging Or Consigned to the master, mate, officers, or Crew of such vessel, shall be forfeited. (R. S. § 2809.) § 5507. Same; accident or mistake-Whenever it is made to appear to the satisfaction of the col- lector, naval officer, and surveyor, or to the major part Of them, where those officers are established at any port, Or to the Satisfaction of the collector alone, Where either of the other of the officers is not estab- lished, or to the satisfaction of the court in which a trial shall be had concerning such forfeiture, that no part of the cargo of any vessel without proper man- ifests was unshipped, after it was taken on board, ex- cept such as shall have been particularly specified and accounted for in the report of the master, and that the manifests had been lost or mislaid, without fraud Or Collusion, Or were defaced by accident, or became incorrect by mistake, no forfeiture or penalty shall be incurred under the preceding section. (R. S. § 2810, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 246.) § 5508. Same; production—Every master of any vessel laden with merchandise, and bound to any port in the United States, shall, on his arrival with- in four leagues of the coast thereof, or within any Of the bays, harbors, ports, rivers, Creeks, or in- lets thereof, upon demand, produce the manifests in Writing, which such master is required to have on board his vessel, to such officer of the Gustoms as first COmes On board his vessel, for inspection, and shall deliver to such officer true copies thereof, which copies shall be provided and subscribed by the master, and the Officer to whom the Original manifests have been produced shall Certify upon the back thereof that the Same Were produced, and the day and year on which the same were so produced, and that such copies were to him delivered and by him examined with the Orig- inal manifest; and shall likewise Certify upon the back Of Such copies the day and year On which the Same were delivered, and shall forthWith transmit such copies to the respective collectors of the several districts, to which the goods by such manifests ap- pear respectively to be consigned. (R. S. § 2811.) § 5509. Same; delivery of copies—The master of any such vessel shall in like manner produce to the Officer of the Customs Who first comes On board Such vessel, upon her arrival Within the limits of any Collection-district in which the cargo, or any part thereof, is intended to be discharged Or landed, for his inspection, Such manifest ; and shall also deliver to him true copies thereof, such copies also to be pro- vided and subscribed by the master, the production Ch. 4) 3 5516 COLLECTION OF DUTIES UPON IMPORTS IPage 875] of which manifests and the delivery of which copies Shall also be Certified by the Officer of the customs, upon the back of the original manifests, with the particular day and year when such manifests were produced to such officer, and when he so received the Copies thereof; and such officer is required forthwith to transmit the copies of the manifests to the col- lector of the district; and the master shall after- Ward deliver the original manifests SO certified to the Collector. When any manifest shall be produced, up- On Which there shall be no certificate from any of— ficer of the customs, as before mentioned, the master producing the same shall be required to make oath that no officer has applied for, and that no indorse- ment has taken place on, any manifest of the cargo of such vessel. (R. S. § 28.12.) § 5510. Same; what number of copies must be delivered—The master of any such vessel shall not be required to make delivery of more than one copy of each manifest to the officer who shall first come on board of Such vessel, within four leagues of the coast Of the United States, and one other copy to such offi- Cer as Shall first come on board within the limits of any Collection-district, for which the cargo of such Vessel, or Some part thereof, is destined, nor to make delivery of any such copy to any other officer; but it Shall be sufficient, in respect to any such other offi- Cer, to exhibit to him the original manifests. and the Certificates thereupon. (R. S. § 2813.) § 5511. Same; penalty for ormitting to pro- duce and deliver copies—If the master of any vessel laden With merchandise, and bound to any port in the United States, fails upon his arrival within four leagues of the coast thereof, or within the limits of any Collection-district, where the cargo of such vessel, or any part thereof, is intended to be discharged, to produce Such manifests as are heretofore required, in Writing, to the proper officer upon demand there. for, or to deliver such copies thereof, according to the directions of the preceding sections, or if he fails to give an account of the true destination of the ves- Sel, which he is hereby required to do, upon request Of Such Officer, or gives a false account of such desti- Ilation, in order to evade the production of the mani- fests, the master shall for every such neglect, refus- al, or Offense, be liable to a penalty of not more than five hundred dollars. If any officer first COming on board, in each case, shall neglect or refuse to certify on the back of such manifests the production thereof, and the delivery of Such copies respectively as are direct- ed to be delivered to such officer, such officer shall be § to a penalty of five hundred dollars. (R. S. § 2814.) § 5512. Same; making return of violations— The officers who may apply to the master of any such vessel, respecting any of the provisions in the pre- Ceding Sections, and who shall not receive full satis- faction therein, are hereby required to make a return in Writing of the name of the vessel and master so Offending, in any or all of the particulars required, as SOOn aS possible, to the collector of the district to Which Such vessel shall be considered to be bound. (R. S. § 2815.) § 5513. Same; copy to be mailed to Auditor for Treasury Department—On and after July first, eighteen hundred and ninety-five, each master of a Vessel arriving in the United States from a foreign port except vessels carrying traffic in bond on trans- fer ferries shall, immediately upon landing and before entering his vessel at the customhouse, mail to the Auditor for the Treasury Department, Washington, a true Copy of the manifest of his vessel, and shall on entering his Wessel make affidavit that he has mail- ed such copy and that the same is true and correct; and he shall also mail to the said Auditor a true copy of the corrected manifest filed on any post entry of his vessel. Any master who neglects or refuses to mail to the Auditor the required copy of the original Or Corrected manifest shall be subject to the same fines and penalties fixed by law for his failure to de- liver the manifest of his vessel to the collector: Pro- Vided, That this section shall not apply to ports where there is a naval officer. (March 2, 1895, c. 177, § 9, 28 Stat. 808.) (R. S. §§ 2816–2831. Superseded.) R. S. §§ 2816–2821, provided that merchandise intended to be imported into certain ports of delivery therein named might be entered at a port of entry and thereafter trans- ported to the port of delivery, upon compliance with sec- tions 2825 to 2831, inclusive. R. S. §§ 2822, 2823, made sim- ilar provisions for the entry of merchandise intended for Certain ports of delivery upon the Mississippi River and its tributaries. R. S. § 2824, making a similar provision, Was repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691. R. S. §§ 2825–2831, regulated the entry and transpor- tation of merchandise destined for the ports of delivery named in sections 2816 to 2824, inclusive. These sections and amendments thereof by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 246, 247, and Act June 16, 1880, c. 239, 21 Stat. 283, extending the provisions of R. S. § 2822, Were Superseded by the establishment of certain customs districts with district headquarters and ports of entry and the abolition of all ports of delivery not “specifically men- tioned as ports of entry,” by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, , § 5327. By section 9 of said Plan of Reorganization the Secretary of the Treasury might cause to be stationed at places in the various col- lection districts, though not named as ports of entry, offi- cers of the customs with authority to enter and clear ves- Sels, to accept entries of merchandise, to collect duties, and to enforce the customs and navigation laws. Immediate transportation in bond, without...appraisement, of merchandise imported at certain ports, consigned to certain other ports from the port of arrival to the port of destination, was provided for and regulated by R. S. §§ 2990–2997. These sections were repealed, and other provi- sions for the same purpose substituted therefor, by Act June 10, 1880, c. 190, set forth, with later provisions relat- ing to the subject, post under chapter 7A of this Title, “Immediate Transportation in Bond to Inland Ports.” § 5514. Vessels bound for Natchez and Vicks- burg—All vessels proceeding to the ports of Natchez Or Vicksburgh from any foreign port shall stop and report their arrival at the port of New Orleans; and before any such vessel shall proceed on her voyage to Natchez or Vicksburgh the collector for the dis- trict of New Orleans shall order on board any such Vessel a custom-house officer, who shall remain on board such vessel until her arrival at Natchez or Vicksburgh. Such custom-house officer shall take pos- Session of and safely keep all the papers belonging to such vessel having relation to the freight or cargo on board, which papers he shall deliver to the collector at Natchez or Vicksburgh immediately after his ar- rival at that port; and any such vessel, which shall depart from New Orleans without such custom-house Officer on board, shall be subject to all the pains and penalties provided for by law for a violation of the revenue laws. (R. S. § 2832.) See § 5327. - - § 5515. Expenses of officer sent with vessel— The expenses of the custom-house officer who may be put On board any such vessel bound for Natchez or Vicksburgh at New Orleans, from the time of his being put on board until his return to New Orleans, shall be paid by the owner of such vessel. (R. S. § 2833.) $ § 5516. Inspector to accompany vessel to des- timation—Collectors and surveyors, respectively, may, whenever they judge it to be necessary for the security Of the revenue, put an inspector of the Customs On board any vessel, to a CCOmpany the same until her arrival at the first port of entry or delivery, in the district to which such vessel may be destined. If the master of any vessel shall neglect or Omit to de- posit a manifest as herein prescribed, or shall refuse to receive an inspector Of the customs On board, as the case requires, he shall forfeit and pay five hundred dollars, to be recovered with cost of suit, one-half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use Of the collector Of the district to which Such vessel may be bound. If, however, the manifest shall, in either of the above cases, have been previously deliv- ered to any Officer of the Customs, pursuant to the pro- & 5 517 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS IPage 8761 visions hereinafter made in that behalf, the deposit- ing of a manifest shall not be necessary. (R. S. § 2834, amended, March 3, 1897, c. 389, § 15, 29 Stat. 691.) - (R. S. § 2835. Repealed.) This section prescribed the duties of masters of vessels bound up James River, Va., in regard to deposit of mani- fests, etc. It was repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691. f § 55.17. Duties of master bound for Peters- burg or Richmond—The master of any vessel arriv- ing within the districts of Petersburgh or Richmond, laden With merchandise, belonging or consigned to per- sons resident within both the districts, shall make entry of such vessel, in manner already prescribed by lăw, with the collector of that district wherein the owner or Consignee, or the husband or acting man- ager Of Such vessel, shall actually reside; and the master shall, at the time of making the entry, deliver a duplicate manifest of the cargo to the collector, whose duty it shall then be to certify the same as a true COpy, and to transmit it to the collector of the other district, and the delivery of such merchandise shall be authorized by permits from the collector of each district, respectively, in which the same has been duly entered according to law. No importer, owner, or Consignee of merchandise, residing in either district, shall, however, be admitted to make an entry of Such merchandise with the collector of the district in which such importer, owner, or consignee does not reside. All entries, moreover, for merchandise, made by agents, for persons residing in other districts, shall be made with the Collector of the district in which Such vessel may discharge. (R. S. § 2836.) § 5518. Weights and measures used in in- voices—All invoices shall be made out in the weights or measures Of the COuntry or place from which the importation is made, and shall contain a true state- ment Of the actual weights or measures of such mer- chandise, without any respect to the weights or meas- ures of the United States. (R. S. § 2837.) (R. S. § 2838. Repealed.) This section required invoices of merchandise subject to duty ad Valorem to be made out in the currency of the place or Country from which the importation was made, and to contain a true statement of the actual cost of such merchandise in such foreign currency. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. Provisions of a similar nature, applicable to all invoices, Were made by section 2 of that act, amend- ed by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, C, post, $ 5520. (R. S. § 2839. Repealed.) This section provided for forfeiture of merchandise en- tered, but not invoiced according to the actual cost at the place of exportation, with the design to evade payment of duty. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and provisions of a similar nature were made by section 9 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 97, and further amended by the Under- wood Tariff Act of Oct. 3, 1913, c. 16, § III, H, post, $ 5526. § 5519. Merchandise property of consignee— B. All merchandise imported into the United States shall, for the purpose of this Act, be deemed and held to be the property of the person to whom the same is consigned; and the holder of a bill of lading duly in- dorsed by the consignee therein named, or, if consigned to Order, by the consignor, shall be deemed the con- signee thereof; and in case of the abandonment of any merchandise to the underwriters the latter may be recognized as the consignee. (Oct. 3, 1913, c. 16, § III, B, 38 Stat. 18.1.) - § 5520. Invoices; requisites—C. All invoices of imported merchandise shall be made out in the cur- rency of the place or country from whence the impor- tations shall be made, or, if purchased, or agreed to be purchased, in the currency actually paid, agreed upon, or to be paid therefor, shall contain a correct, Complete, and detailed description of such merchan- dise and Of the packages, wrappings, or other coverings Containing it, and shall be made in triplicate or in quadruplicate in case of merchandise intended for im- mediate transportation without appraisement, and Signed by the person owning or shipping the same, if the merchandise has been actually purchased, or price agreed upon, fixed, or determined, or by the man- ufacturer or owner thereof, if the same has been pro- Cured Otherwise than by purchase or agreement of purchase, or by the duly authorized agent of such pur- Chaser, seller, manufacturer, or owner. (Oct. 3, 1913, c. 16, § III, C, 38 Stat. 181.) * § 5521. Same; production to consular officer; declaration indorsed—D. All such invoices shall, at Or before the shipment of the merchandise, be produc- ed to the consular officer of the United States of the Consular district in which the merchandise was man- ufactured, or purchased, or contracted to be delivered from, Or when purchases or agreements for purchase are made in Several places, in the consular district Where the merchandise is assembled for shipment, as the Case may be, for export to the United States, and Shall have indorsed thereon, when so produced, a declaration signed by the purchaser, seller, manufac- turer, Owner, or agent, setting forth that the invoice is in all respects correct and true and was made at the place from which the merchandise is to be ex- ported to the United States; that it contains, if the merchandise was obtained by purchase, or agreement for purchase, a true and full statement of the time When, the place where, the person from whom the Same Was purchased, Or agreed to be purchased, and the actual cost thereof, or price agreed upon, fixed, or determined, and of all charges thereon, as provided by this Act; and that no discounts, rebates, or com- missions are contained in the invoice but such as have been actually allowed thereon, and that all draw- backs or bounties received or to be received are shown therein; and when obtained in any other manner than by purchase, or agreement of purchase, the actual market Value or wholesale price thereof, at the time Of exportation to the United States, in the principal markets of the country from whence exported ; that Such actual market value is the price at which the merchandise described in the invoice is freely offered for Sale to all purchasers in said markets, and that it is the price which the manufacturer or owner mak- ing the declaration would have received, and was Willing to receive, for such merchandise sold in the Ordinary Course Of trade in the usual wholesale quan- tities, and that it includes all Charges thereon as pro- vided by this Act, and the actual quantity thereOf ; and that no different invoice Of the merchandise men- tioned in the invoice so produced has been or will be furnished to anyone. If the merchandise was actual- ly purchased, or agreed to be purchased, the decla- ration shall also contain a statement that the cur- rency in which such invoice is made out is that which was actually paid for the merchandise by the purchas- er, or agreed to be paid, fixed, or determined. (Oct. 3, 1913, c. 16, § III, D, 38 Stat. 181.) § 5522. Same; entry without invoice, on affi- davit and verified statement; books; bornd for production—E. Except in Case Of personal effects a C- companying the passenger, no importation of any mer- Chandise exceeding $100 in value shall be admitted to entry without the production of a duly Certified invoice thereof as required by law, or Of an affidavit made by the owner, importer, or consignee, before the Collector or his deputy, showing why it is impracticable to pro- duce such invoice; and no entry shall be made in the absence of a certified invoice, upon affidavit as afore- said, unless such affidavit be accompanied by a state- ment in the form of an invoice, or otherwise, show- ing the actual cost of such merchandise, if purchased, or if obtained otherwise than by purchase, the actual market value or wholesale price thereof at the time of exportation to the United States in the principal markets of the Country from which the same has been imported, which statement shall be Verified by the Oath of the Owner, importer, Consignee, Or agent de- siring to make entry of the merchandise, to be admin- istered by the collector or his deputy, and it shall Ch. 4) 3 5527 COLLECTION OF DUTIES UPON IMPORTS [Page 877] be lawful for the collector or his deputy to examine the deponent under oath, touching the Sources of his knowledge, information, or belief in the premises, and to require him to produce any letter, paper, or state- ment of account in his possession, Or under his Con- trol, which may assist the officers of customs in as- certaining the actual value of the importation or any part thereof, and in default of such production, when so requested, such owner, importer, Consignee, or agent shall be thereafter debarred from producing any such letter, paper, or statement for the purpose of avoiding any additional duty, penalty, or forfeiture incurred under this Act, unless he shall show to the Satisfaction of the Court or the Officers of the Customs, as the case may be, that it was not in his power to produce the same when SO demanded ; and no mer- Chandise shall be admitted to entry under the provi- sions Of this Section unless the Collector shall be Sat- isfied that the failure to produce a duly Certified in- Voice is due to causes beyond the COntrol Of the OWner, consignee, or agent thereof: Provided, That the Sec- retary of the Treasury may make regulations by which books, magazines, and other periodicals pub- lished and imported in successive parts, numbers, Or volumes, and entitled to be imported free Of duty, shall require but One declaration for the entire series. And when entry of merchandise exceeding $100 in value is made by a statement in the form of an in- voice, the collector shall require-a-bond-for-the-pro- duction of a duly Certified invoice. (Oct. 3, 1913, C. 16, § III, E, 38 Stat. 182.) § 5523. Same; declaration to accompany—F. Whenever merchandise imported into the United States is entered by invoice, a declaration upon a form to be prescribed by the Secretary of the Treasury, ac- cording to the nature of the case, shall be filed with the collector of the port at the time of entry by the owner, importer, Consignee, or agent, which declara- tion so filed shall be duly signed by the owner, im- porter, consignee, or agent before the collector, or before a notary public or other officer duly authorized by law to administer oaths and take acknowledg- ments, under regulations to be prescribed by the Sec- retary of the Treasury: Provided, That if any of the invoices or bills of lading of any merchandise im- ported in any One vessel which should otherwise be embraced in said entry have not been received at the date Of the entry the declaration may state the fact, and thereupon Such merchandise, Of which the in- Voices or bills Of lading are not produced, Shall not be included in such entry, but may be entered subse- Quently. That the Secretary of the Treasury and the Secretary of Commerce are hereby authorized and directed to establish from time to time for statistical purposes a list or enumeration of articles in such de- tail as in their judgment may be necessary compre- hending all goods, wares, and merchandise imported into the United States, and that as a part Of the dec- laration herein provided there Shall be either attached thereto or included therein an accurate Statement specifying, in the terms of the said detailed list or enumeration, the kinds and quantities of all merchan- dise imported, and the value of the total quantity of each kind of article, and it shall be the duty of the consular officer, to whom the invoice shall be pro- duced, to require such information to be given. (Oct. 3, 1913, c. 16, § III, F, 38 Stat. 182.) § 5524. Entry or introduction of goods by means of false invoice or other deception—G. If any consignor, Seller, OWner, importer, Consignee, agent, or other person or persons, shall enter or in- troduce, or attempt to enter or introduce, into the commerce of the United States any imported mer- Chandise by means Of any fraudulent or false invoice, declaration, affidavit, letter, paper, Or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance what- SOever, or shall make any false statement in the dec- larations provided for in paragraph F without reason- able cause to believe the truth of Such statement, Or shall aid or procure the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth Of Such State- ment, or shall be guilty of any willful act or Olmission by means whereof the United States shall or may be deprived of the lawful duties, or any portion thereof, accruing upon the merchandise, or any portion there- of, embraced or referred to in such invoice, declara- tion, affidavit, letter, paper, or statement, or affected by such act or omission, such person or persons shall upon conviction be fined for each offense a sum not exceeding $5,000, or be imprisoned for a time not exceeding two years, or both, in the discretion of the court: Provided, That nothing in this Section shall be construed to relieve imported merchandise from forfeiture by reason of such false statement or for any cause elsewhere provided by law. (Oct. 3, 1913, c. 16, § III, G, 38 Stat. 183.) § 5525. Same; seizure of merchandise as se- curity for fines; release on bond—Any merchan- dise entered by any person or persons violating any of the provisions of the preceding section, but not subject to forfeiture under the same Section, may, while owned by him or them, or while in his Or their possession, to double the amount claimed, be taken by the collector and held as security for the payment of any fine or fines incurred as aforesaid, or may be levied upon and sold on execution to satisfy any judg- ment recovered-for-such-fine or fines. But nothing-- herein contained shall prevent any owner Or Claimant from obtaining a release of such merchandise on giv- ing a bond, with sureties satisfactory to the collector, or, in case of judicial proceedings, satisfactory to the court, or the judge thereof, for the payment of any fine or fines so incurred: Provided, however, That such merchandise shall in no case be released until all accrued duties thereon shall have been paid or Se- cured. (June 22, 1874, c. 391, § 13, 18 Stat. 188.) § 5526. Same; forfeiture—H. If any consignor, seller, Owner, importer, consignee, agent, Or Other person Or persons shall enter or introduce, Or attempt to enter or introduce, into the commerce of the United States any imported merchandise by means Of any fraudulent or false invoice, declaration, affidavit, let ter, paper, or by means of any false statement, writ- ten or verbal, or by means of any false or fraudulenf practice or appliance whatsoever, or shall make any false statement in the declarations provided for in paragraph F without reasonable cause to believe the truth of Such statement, Or shall aid or procure the making of any such false statement as to any matter material thereto without reaSOnable cause to believe the truth of such statement, or shall be guilty of any willful act or omission by means whereof the TJnited States shall or may be deprived Of the lawful duties or any portion thereof, accruing upon the mer- Chandise or any portion thereof, embraced or refer- red to in such invoice, declaration, affidavit, letter, pa- per, or statement, or affected by such act or Omission, such merchandise, or the value thereof, to be recover- ed from such person or persons, shall be forfeited, which forfeiture shall only apply to the whole of the Imerchandise Or the value thereof in the Case Or pack- age containing the particular article or articles of merchandise to which such fraud or false paper Or Statement relates. That the arrival within the terri- torial limits Of the United States of any merchandise consigned for sale and remaining the property of the shipper or consignor, and the acceptance of a false or fraudulent invoice thereof by the Consignee or the agent of the consignor, or the existence of any other facts Constituting an attempted fraud, Shall be deem- ed, for the purposes of this paragraph, to be an at- tempt to enter Such merchandise notwithstanding no actual entry has been made Or Offered. (Oct. 3, 1913, c. 16, § III, H, 38 Stat. 183.) § 5527. Addition to or deduction from invoice value; additional duties; forfeiture for under- valuation—I. The Owner, Consignee, Or agent of any imported merchandise may, at the time when he shall & 5528 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 878] make entry of such merchandise, but not after either the invoice, or the merchandise has come under the Observation of the appraiser, make such addition in the entry to or such deduction from the cost or value given in the invoice or pro forma invoice or state- ment in form of an invoice, which he shall produce with his entry, as in his opinion may raise or lower the Same to the actual market value Or wholesale price of such merchandise at the time of exportation to the United States, in the principal markets of the Country from which the same has been imported ; and the collector within whose district any merchandise may be imported or entered, whether the same has been actually purchased or procured otherwise than by purchase, shall cause the actual market value or Wholesale price Of Such merchandise to be appraised ; and if the appraised value of any article of imported merchandise subject to an ad valorem duty or to a duty based upon or regulated in any manner by the Value thereof shall exceed the Value declared in the entry, there shall be levied, collected, and paid, in addition to the duties imposed by law on such mer- chandise, an additional duty of 1 per centum of the total appraised value thereof for each 1 per Centum that such appraised value exceeds the value declar- ed in the entry: Provided, That the additional duties shall only apply to the particular article or articles in each invoice that are so undervalued and shall not be imposed upon any article upon which the amount Of duty imposed by law. On account Of the appraised value does not exceed the amount of duty that would be imposed if the appraised value did not exceed the entered value, and shall be limited to 75 per centum of the appraised value of such article or articles. Such additional duties shall not be construed to be penal, and shall not be remitted nor payment thereof in any way avoided except in cases arising from a manifest clerical error, nor shall they be refunded in Case of exportation of the merchandise, Or on any other account, nor shall they be subject to the benefit of drawback: Provided, That if the appraised value of any merchandise shall exceed the value declared in the entry by more than 75 per centum, except when arising from a manifest clerical error, such entry shall be held to be presumptively fraudulent, and the Collector of customs shall seize such merchandise and proceed as in case of forfeiture for violation of the Customs laws, and in any legal proceeding Other than a criminal prosecution that may result from such Seizure, the undervaluation as shown by the appraisal shall be presumptive evidence of fraud, and the bur- den of proof shall be on the claimant to rebut the same, and forfeiture shall be adjudged unless he shall rebut such presumption of fraudulent intent by suffi- cient evidence. The forfeiture provided for in this section shall apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles in each invoice which are undervalued: Provided further, That all addi- tional duties, penalties, or forfeitures applicable to merchandise entered by a duly Certified in Voice shall be alike applicable to merchandise entered by a pro forma invoice Or statement in the form. Of an invoice, and no forfeiture or disability of any kind incurred under the provisions of this section shall be remitted or mitigated by the Secretary of the Treasury. The duty shall not, however, be assessed in any case upon an amount less than the entered value, unless by di- rection of the Secretary Of the Treasury in Cases in which the importer certifies at the time of entry that the entered value is higher than the foreign market value and that the goods are SO entered in Order to meet advances by the appraiser in similar cases then pending on appeal for reappraisement, and the im- porter's contention shall subsequently be sustained . by a final decision on reappraisement, and it shall ap- pear that the action of the importer on entry was taken in good faith, after due diligence and inquiry on his part, and the Secretary of the Treasury shall accompany his directions with a statement of his con- clusions and his reasons therefor. (Oct. 3, 1913, c. 16, § III, I, 38 Stat. 184.) - § 5528. Declaration on entry of consignments for sale—J. When merchandise entered for customs duty has been consigned for sale by or on account Of the manufacturer thereof, to a person, agent, partner, or consignee in the United States, such person. agent, partner, or consignee shall, at the time of the entry of such merchandise, present to the collector of CuS- toms at the port where such entry is made, as a part of such entry, and in addition to the certified invoice or statement in the form of an invoice required by law, a statement signed by Such manufacturer, de- claring the cost of production of such merchandise, such cost to include all the elements of cost as Stat- ed in paragraph L of this Act. When merchandise en- tered for Customs duty has been consigned for Sale by or on account of a person other than the manufac- turer of such merchandise, to a person, agent, part- ner, or consignee in the United States, Such perSOn, agent, partner, or consignee shall at the time of the entry of such merchandise present to the collector of customs at the port where such entry is made, as a part of such entry, a statement signed by the consignor thereof, declaring that the merchandise was actually purchased by him or for his account, and showing the time when, the place where, and from whom he purchased the merchandise, and in detail the price he paid for the same: Provided, That the statements required by this section shall be made in triplicate, and shall bear the attestation of the COnSular Officer Of the United States resident Within the consular district wherein the merchandise Was manufactured, if consigned by the manufacturer or for his account, or from whence it was imported when consigned by a person other than the manufacturer, One copy thereof to be delivered to the person making the statement, one copy to be transmitted with the triplicate invoice of the merchandise to the Collector of the port in the United States to which the merchan- dise is consigned, and the remaining Copy to be filed in the consulate. (Oct. 3, 1913, c. 16, § III, J, 38 Stat. 185.) - - § 5529. Invoices of goods from different con- sular districts—W. Where merchandise purchased or manufactured in different consular districts in the Same Country is assembled for shipment and embraced in a single invoice and consulated at the shipping point, such invoice shall have attached thereto the Original bills or invoices or statements in the nature of such, showing the prices actually paid, contracted. to be paid, fixed, or determined, and in Connection with each such purchase or consignment the invoice shall State all Charges and expenses as provided in paragraph R. Of this section. (Oct. 3, 1913, c. 16, § III, W, 38 Stat. 190.) - § 5530. Collectors and other officers not li- able for rulings or decisions—Z. From and after the taking effect of this Act, no collector or other offi- cer of the customs shall be in any way liable to any owner, importer, consignee, or agent of any mer- chandise, Or any other person, for or on account of any rulings Or decisions as to the classification of said merchandise Or the duties charged thereon, or , the Collection Of any dues, Charges, or duties on Or on account of said merchandise, or any other matter Or thing as to which said Owner, importer, Consignee, Or agent Of Such merchandise might, under this Act, be entitled to appeal from the decision Of Said Col- lector or other officer, or from any board of ap- | praisers. (Oct. 3, 1913, c. 16, § III, Z, 38 Stat. 191.) § 5531. Bribery of officers or employees; evi- dence—AA. Any person who shall give, or offer to give, or promise to give, any money or thing of value, directly or indirectly, to any officer or employee of the United States in consideration. Of Or for any act or Omission Contrary to law in Connection with or pertaining to the importation, appraisement, en- try, examination, or inspection of goods, wares, or Ch. 4) COLLECTION OF DUTIES UPON IMPORTS, & 5537 \ [Page 879] merchandise, including herein any baggage Or Of the Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. liquidation of the entry thereof, or shall by threats or demands Or promises of any character attempt to improperly influence or control any such officer or employee of the United States as to the performance of his official duties shall, on conviction thereof, be fined not exceeding $2,000, or be imprisoned at hard labor not more than One year, Or both, in the discre- tion of the court; and evidence of Such giving, or offering, or promising to give, satisfactory to the Court in which such trial is had, shall be regarded as prima facie evidence that such giving or offering or promising was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not done with an unlawful intention. (Oct. 3, 1913. c. 16, § III, AA, 38 Stat. 191.) § 5532. Same; evidence—BB. Any officer or em- ployee of the United States who shall, excepting for lawful duties Or fees, Solicit, demand, exact, Or re- ceive from any person, directly or indirectly, any money or thing of value in connection with or per- taining to the importation, appraisement, entry, ex- amination, or inspection of goods, Wares, or merchan- dise, including herein any baggage or liquidation Of the entry thereof, on conviction thereof shall be fined not exceeding $5,000, or be imprisoned at hard labor not more than two years, or both, in the discretion of the Court; and -evidence-Of-Stieh-Seligiting, demand-– ing, exacting, or receiving, satisfactory to the Court in which such trial is had, shall be regarded as prima facie evidence that such soliciting, demanding, ex- acting, or receiving was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not with an unlawful in- tention. (Oct. 3, 1913, c. 16, § III, BB, 38 Stat. 192.) § 5533. Baggage in transit to foreign coun- try—CC. Any baggage or personal effects arriving in the United States in transit to any foreign Country may be delivered by the parties having it in charge to the collector of the proper district, to be by him retained, without the payment or exaction of any import duty, or to be forwarded by such collector to the collector of the port of departure and to be de- livered to such parties on their departure for their foreign destination, under such rules and regulations as the Secretary of the Treasury may prescribe. (Oct. 3, 1913, c. 16, § III, CC, 38 Stat. 192.) § 5534. Laws applicable to Philippines—The provisions of the Act entitled “An Act to simplify the laws in relation to the collection of revenues,” approved June tenth, eighteen hundred and ninety, as amended by an Act entitled “An Act to provide for the GOvernment and to encourage the industries of the United States,” approved July twenty-fourth, eighteen hundred and ninety-seven, shall apply to all articles Coming into the United States from the Philip- pine Archipelago. (March 8, 1902, c. 140, § 8, 32 Stat. 55.) º- § 5535. Coflector to take possession when invoice not correct—In every case in which a col- lector shall suspect that any merchandise is not in- Voiced at a sum equal to that for which it has usually been Sold in the place or country from whence it Was imported, he shall take the merchandise into his possession, and retain the same with reasonable care, at the risk and expense of the owner or consignee, un- til its value at the time and place of importation has been ascertained, as in the case of damaged merchan- dise, Or of merchandise not accompanied with an in- Voice, and until the duties arising, according to such Valuation, have been paid, or secured to be paid. But in case of a prosecution for forfeiture, such ap- praisement shall not exclude other proof, upon the trial, of the actual cost of the merchandise at the place of exportation. (R. S. § 2840.) a (R. S. § 2841. Repealed.) t This Section prescribed the forms of oaths of which one, according to the nature of the case, was required to be administered by the collector at the time of the entry of merchandise by invoice. It was repealed by the Customs 141, amended and re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, and declarations in lieu of oaths, were required to accompany the invoice by Section 5 of the Customs Administrative Act, amended by the Payne-Aldrich Act and further amended by the Un- derwood Tariff Act of Oct. 3, 1913, c. 16, § III, F, ante, § 5523. All oaths administered by officers of the Customs, except as provided in the Customs Administrative Act, were abolished by section 22 thereof, amended by section 28 of the Payne-Aldrich Act. The provisions for the abolition of fees.and oaths on en- try of goods, made by the Customs Administrative Act of June 10, 1890, c. 407, § 22, 26 Stat. 140, as amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 102, were superseded by a proviso annexed to section IV, S, of the Underwood Tariff Act of. Oct. 3, 1913, ante, § 5316, which provided that “nothing in this act shall be con- strued to permit any oaths to be demanded or fees to be charged except as provided in this act,” etc. * Provisions for the separate entry of packages contained in one importation were made by Act May 1, 1876, c. 89, § 2, ante, § 5483. § 5536. Bond for production of invoice of goods of absent owner—No merchandise subject to ad-valorem duty imported into the United States, and belonging to a person residing in the United States, but at the time absent from the place where the merchandise is intended to be entered, shall be ad- mitted to an entry, unless the importer, COnsignee, or agent, shall previously give bond, the form of which shall be prescribed by the Secretary of the Treasury, with sufficient sureties, to produce, within four months, to the collector of the port where the merchandise may be, the invoice of the same, duly Certified, according to the circumstances of the case, by the Oath. Of the Owner, or One of the Owners; which Oath shall be administered by a collector, if there is any in the place where the owner may be: or, if there is none, by some public officer duly authorized to administer oaths. (R. S. § 2842.) (R. S. § 2843. Repealed.) This section required that, for admission to entry of merchandise subject to ad valorem, duty, belonging to a person not residing in the United States, who should have actually purchased it, the invoice should be verified by the oath of the owner, administered by a consul or other officer, and certified by him. It was repealed by the Cus- toms Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and a declaration, similar in substance to such oath, was required by section 3 of that act to be indorsed On the invoice produced to the consul or other officer. Said section 29 was re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104. See note to section III, D, of the Underwood Tariff Act, ante, § 5521, as to declaration to be indorsed on invoice produced to consular officer. § 5537. Authentication in absence of consul— If there is no Consul [or commercial agent] of the United States in the country from which such mer- chandise was imported, the authentication required by the preceding section shall be executed by a con- Sul Of a nation at the time in amity with the United States, if there is any such residing there; and if there is no such Consul in the country the authenti- Cation shall be made by two respectable merchants, if any there be, residing in the port from which the merchandise shall have been imported. Provided, That the authentication may be made by the collec- tor or a deputy gollector Of customs in the case of merchandise shipped to the United States from the Philippine Islands. (R. S. § 2844, amended, June 28, 1906, c. 3569, 34 Stat. 539.) (R. S. § 2845. Repealed.) This section required that, for admission to entry of merchandise Subject to ad valorem duty, belonging to a person not residing in the United States, who had not ac- quired it in the ordinary mode of bargain and sale, or be- longing to the manufacturer, the invoice should be veri- fied by the oath of the owner, administered and authenti- cated as prescribed in the two preceding sections. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and a declaration similar in Substance to such oath was required by section 3 of that act to be indorsed on the invoice produced to the consul or other officer. * * Said section 29 was re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104. See note to section III, D, of the Underwood Tariff Act, ante, § 5521, as to indorsement on invoice. 3 5538 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS § 5538. Oath of representative—Whenever merchandise subject to ad-valorem duty belongs to the estates of deceased persons or of persons insolvent Who have assigned the same for the benefit Of their Creditors, the Oaths to invoices may be administered to the executor or administrator, or to the assignee, Of Such persons. (R. S. § 2846.) (R. S. §§ 2847, 2848. Superseded.) These sections authorized the Secretary of the Treasury to admit to entry in certain cases merchandise subject to ad valorem duty, belonging to a person not residing in the TJnited States, not accompanied with an invoice verified and authenticated as required by preceding sections. They became inoperative by the repeal of R. S. §§ 2843, 2845, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, and the enactment of provisions for entry of goods without invoice by sec- tion 4 of said Customs Administrative Act, amended by the Payne-Aldrich Tariff Act, and further amended by the Hºwºod Tariff Act of Oct. 3, 1913, c. 16, § III, E, ante, 5522. § 5539. Oath where one of owners resides abroad—In all Cases where merchandise subject to ad-valorem duty belongs in part to a person residing in the United States, and in part to a person residing out of the United States, the oath of one of the own- ers residing in the United States shall be sufficient to admit the Same to an entry. In all Cases, however, Where the merchandise Was manufactured, in whole or in part, by any one of the owners, residing out of the United States, the same shall not be so admitted to an entry, unless the invoice has been Verified and authenticated by such manufacturer in the manner prescribed in section twenty-eight hundred and forty- five. (R. S. § 2849.) (R. S. § 2850. Superseded.) This section provided that whenever the invoice or mer- chandise belonging to a person not residing in the United States had not been duly verified and authenticated, and, upon application to the Secretary of the Treasury, the merchandise had been refused entry, the same should be deemed suspected. It became inoperative by the repeal, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, of the special provi- sions of R. S. §§ 2843, 2845, for verification and authentica- tion of such invoices. (R. S. § 2851. Repealed.) This section prescribed a fee of $2.50 for consular certifi- cation of invoices. It was repealed, and such fees were included with those for which, by R. S. § 1745, ante, § 3205, the President was authorized to prescribe rates, by Act April 5, 1906, c. 1366, § 9, ante, § 3187. Exacting excessive fees for verification of invoices was punishable by R. S. § 1716, ante, § 3172. § 5540. Certifieate upon invoice—When any merchandise is admitted to an entry upon invoice, the Collector of the port in which the same is entered shall certify the same under his official seal; and no Other evidence Of the Value Of Such merchandise Shall be admitted on the part of the owner thereof, in any Court Of the United States, except in corroboration of such entry. (R. S. § 2852.) (R. S. $ 2853. Repealed.) This section required invoices to be in triplicate and pre- scribed by whom they should be signed. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and provisions of the same nature, with additions, were made by section 2 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and the Underwood Tariff Aët of Óct. 3, 1913, c. 16, § III, C, ante, $ 5520. R. S. § 2854. Repealed.) This section prescribed the requirements of declarations to accompany invoices produced to the consul or other offi- cer. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and provisions of the same nature, with additions, were made by section 3 of that act, amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, D, ante, § 5521. § 5541. Indorsement upon invoice—The person so producing such invoice shall at the same time de- clare to such Consul, Vice-consul, [or commercial agent] the port in the United States at which it is in- tended to make entry of merchandise; whereupon the consul, vice-consul, [or commercial agent] shall in- dorse upon each of the triplicates a certificate, under his hand and Official seal, stating that the invoice has IPage 8801 been produced to him, with the date of such produc- tion, and the name Of the person by whom the same was produced, and the port in the United States at which it shall be the declared intention to make en- try Of the merchandise therein mentioned. The COn- Sul, Vice-consul, [or commercial agent] shall then de- liver to the person producing the same, one of the triplicates, to be used in making entry Of the mer- chandise; shall file another in his office, to be there carefully preserved; and shall, as SOOn as practicable, transmit the remaining One to the CollectOr Of the port Of the United States at Which it Shall be declared to ibe the intention to make entry Of the merchandise. (R. S. § 2855.) § 5542. Quadruple invoices; indorsement; disposition; fees—Sections twenty-eight hundred and fifty-three and twenty-eight hundred and fifty-five of the Revised Statutes Of the United States be, and the same are hereby, so amended as to require that all invoices of merchandise imported from any foreign Country and intended to be transported Without ap- praisement to any of the ports mentioned in the seventh section of this act, shall be made in quad- ruplicate ; and that the Consul, Vice-Consul, [Or COm- mercial agent] to whom the same shall be produced, shall certify each of said quadruplicates under his hand and Official seal in the manner required by Sec- tion twenty-eight hundred and fifty-five of the Re- vised Statutes, and shall then deliver to the perSOIn producing the same two of the quadruplicates, One to be used in making entry at the port of first arrival Of the merchandise in the United States, and One to be used in making entry at the port of destination, file another in his office, there to be carefully preserv- ed and as soon as practicable transmit the remaining One to the collector or Surveyor of the port of final destination of the merchandise: Provided, however, That no additional fee shall be collected on account of any service performed under the requirements of this section. (June 10, 1880, c. 190, § 4, 21 Stat. 173.) (R. S. § 2856. Repealed.) This section provided that, in case of merchandise im- ported from a foreign country adjacent to the United States, the declaration required in the two preceding Sec- tions might be made to, and the certificate indorsed by, the consul, vice-consul, or commercial agent at or nearest to the port of clearance for the United States. It was re- pealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104. § 5543. Change of destination—Whenever, from a Change of the destination. Of any merchandise, after the production of the invoice thereof to the consul, vice-COnSul, [or COmmercial agent], Or from other cause, the triplicate transmitted to the collector of the port to which such merchandise was originally destined, is not received at the port where the same actually arrives, and where it is desired to make entry thereof, the merchandise may be admitted to an entry On the execution by the OWner, COnsignee, or agent, of a bond, with sufficient security, in double the amount of duty apparently due, Conditioned for the payment Of the duty which shall be found to be actually due thereon. The collector of the port where such entry shall be made shall immediately notify the Consul, Vice-consul, [or commercial agent] to whom such invoice has been produced, to transmit to such Collector a certified Copy thereof ; and such consul, Vice-consul, [or COmmercial agent] shall transmit the same accordingly without delay; and the duty shall not be finally liquidated until such triplicate, or a certified copy thereof, shall have been received. Such liquidation, however, shall not be delayed longer than eighteen months from the time of making Such entry. (R. S. $ 2857.) (R. S. § 2858. Repealed.) This section provided that the Secretary of the Treasury, whenever it had become impracticable for the person de- siring to make entry of merchandise to produce any in- voice thereof, might authorize the entry thereof, and re- mit forfeitures in such cases, as in other cases under the Ch. 4) ź 5551 COLLECTION OF DUTIES UPON IMPORTS HPage 881] revenue laws. It was repealed by the Customs Adminis- trative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re- enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104. 5544. Countries excepted from foregoing provisions—The six preceding sections Shall not apply to Countries where there is no consul, Vice-COnSul, [or Commercial agent] of the United States. And When- ever the value of the imported merchandise does not exceed. One hundred dollars, the CollectOr may admit it to entry without the production of the triplicate invoice, and without submitting the question to the Secretary of the Treasury, if he is satisfied that the neglect to produce such invoice was unintentional and that the importation was made in good faith, and without any purpose of defrauding or evading the revenue laws. (R. S. § 2859.) The words in brackets were superseded by act set forth in § 3140. (R. S. § 2860. Repealed.) This section provided that, “except as allowed in the four preceding sections,”—being R. S. §§ 2856-2859,-no merchandise imported should be admitted to entry unless the invoice conformed to the requirements of sections 2853, 2854, and 2855, and had thereon the certificate in those sections satisfied, nor unless the invoice was verified, etc., nor unless the triplicates transmitted to the collector had been received by him. It was repealed, with most of the other sections mentioned therein, by the Customs Admin- istrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. –$ 5545. Restriction on consular certificates— No consular officer of the United States shall grant a certificate for merchandise shipped from Countries adjacent to the United States, which have passed a consulate after purchase for shipment. (R. S. § 2861.) § 5546. Consuls to exact proof of invoice— All consular Officers are hereby authorized to require, before certifying any invoice under the provisions of the preceding sections, satisfactory evidence, either by the Oath of the person presenting Such invoices or otherwise, that such invoices are Correct and true. In the exercise Of the discretion hereby given, the Consular Officers shall be governed by Such general or special regulations or instructions as may from time to time be established or given by the Secretary of State. (R. S. § 2862.) § 5547. To report fraudulent practices—All COnsuls and [commercial agents] Of the United States having any knowledge or belief of any Case or prac- tice of any person who obtains verification of any invoice whereby the revenue of the United States is or may be defrauded, shall report the facts to the Col- lector of the port where the revenue is or may be de- frauded, or to the Secretary of the Treasury. (R. S. § 2863.) See note under § 5544. (R. S. § 2864. Superseded.) This section was superseded by similar provisions made by the Customs Administrative Act of June 10, 1890, c. 407, § 9, 26 Stat. 135, amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 97, amended and super- seded by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, G, H, ante, §§ 5524, 5526. § 5548. Smuggling merchandise, or making or passing false invoice—If any person shall knowing- ly and willfully, with intent to defraud the revenue Of the United States, Smuggle, Or Clandestinely intro- duce, into the United States, any goods, wares, or merchandise, Subject to duty by law, and which should have been invoiced, without paying or accounting for the duty, or shall make out or pass, or attempt to pass, through the custom-house any false, forged, or fraudulent invoice, every Such person, his, her, or their aiders and abettors, shall be deemed guilty of a misdemeanor, and On ČOnviction thereof shall be fined in any sum not exceeding five thousand dollars, or imprisoned for any term of time not exceeding two years, or both, at the discretion of the court. (R. S. § 2865, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) (R. S. § 2866. Repealed.) This section provided for the entry and conveyance in transit, without payment of duties, of merchandise arriv- COMP. St. 18–56 ing at certain ports in the United States destined for the British possessions in North America, and for conveyarrce in transit from such possessions for export from said ports, in pursuance of provisions of the treaty with Great Brit- ain of May 8, 1871. It was repealed on the termination of arts. 18–25, 30, of that treaty, pursuant to the Joint Reso- lution of March 3, 1883, No. 22, 22 Stat. 641. The treaty of May 8, 1871, arts. 18–25, 30, 17 Stat. 869, 872, 873, mentioned in section 1 of that resolution, related to certain sea fisheries, and to the carriage of goods, without payment of duty, on the St. Lawrence, the Great Lakes, and the rivers connecting them. Act March 1, 1873, c. 213, 17 Stat. 482, mentioned in and repealed by section 3 of that resolution, was incorporated into R. S. §§ 2506, 2866, 4347, which were therefore repealed by the operation of the resolution. Of the provisions SO repealed, section 2506, carrying into effect article 21 of the treaty, admitted into the United States, free of duty, fish oil and fish, the produce of the fisheries of the Dominion of Canada or of Prince Edward Island; section 2866, carry- ing into effect article 29 of the treaty, provided for the conveyance of merchandise in transit, Without payment of duties, through the United States; and the provisos an– nexed to section 4347, giving effect to article 30 of the treaty, permitted the carriage of goods in British vessels, without payment of duty, between ports or places in the TJnited States, upon the St. Lawrence, the Great Lakes, and the rivers connecting the same. § 5549. Custom-house bonds of partnerships— When any bond is required by law to be executed by any firm or partnership for the payment Of duties upon goods, wares or merchandise, imported into the United States by such firm or partnership, Or for any other purpose connected with the general transaction of business at any custom-house, the execution of Such bond by any member of such firm or partnership, in the name of said firm or partnership, shall bind the other members or partners thereof, in like manner and to the same extent, as if such other members Or part- ners had personally executed the same. And any ac- tion or suit may be instituted on such bond against all the members or partners of such firm, as if all Of the members or partners had executed the same. (June 20, 1876, c. 136, 19 Stat. 60, amended, Aug. 27, 1894, c. 349, § 70, 28 Stat. 569.) § 5550. Custom-house brokers; license—The collector or chief Officer of the Customs at any port Of entry or delivery shall, upon application, issue to any person of good moral character, being a Citizen of the United States a license to transact business as a custom-house broker in the collection district in Which Such license is issued, and on and after sixty dayS from the approval Of this Act no person shall trans- act business as a custom-house broker without a li- cense granted in accordance with this provision ; but this Act shall not be so construed as to prohibit any person from transacting business at a custom-house pertaining to his own importations. (June 10, 1910, c. 2S3, § 1, 36 Stat. 464.) § 5551. Same; revocation—The Collector Or chief Oſficer of the customs may at any time, for good and sufficient reasons, serve notice in Writing upon any custom-house broker so licensed to show cause why said license shall not be revoked, which notice shall be in the form of a statement Specifically setting forth the grounds of complaint. The collector or chief Officer of Customs shall within ten days thereafter no- tify the custom-house broker in writing of a hearing to be held before him within five days upon said charges. At such hearing the custom-house broker may be represented by counsel, and all proceedings, including the proof of the charges and the answer thereto, shall be presented, with right of cross-ex- amination to both parties, and a Stenographic record of the same shall be made and a copy thereof shall be delivered to the custom-house broker. At the COn- clusion of Such hearing the collector or Chief Officer Of Customs shall forthWith transmit all paperS and the stenographic report of the hearing, which shall con- stitute the record in the case, to the Secretary of the Treasury for his action. Thereupon the said Secre- tary of the Treasury shall have the right to revoke the license of any custom-house broker, in which Case formal notice shall be given such custom-house broker § 5552 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS, [Page 882I within ten days. (June 10, 1910, c. 283, § 2, 36 Stat. 464.) t § 5552. Same; review of decision revoking— Any licensed custom-house broker aggrieved by the decision of the Secretary of the Treasury may, with- in thirty days thereafter, and not afterwards, apply to the United States Circuit Court for the Circuit in which the collection district is situated for a review of such decision. Such application shall be made by filing in the Office of the clerk of said court a petition praying relief in the premises. Thereupon the Court shall immediately give notice in Writing Of Such ap- plication to the Secretary of the Treasury, who shall forthwith transmit to said court the record and evi- dence taken in the case, together with a statement of his decision therein. The filing of such application shall Operate as a stay of the revocation of the li- cense. The matter may be brought on to be heard before the said Court in the Same manner as a mo- tion, by either the United States district attorney or the attorney for the custom-house broker, and the de- Cision of said United States Circuit Court for the circuit in which the collection district is situated shall be upon the merits as disclosed by the record and be final, and the proceedings remanded to the Secretary of the Treasury for further action to be taken in accordance with the terms Of the decree. (June 10, 1910, c. 283, § 3, 36 Stat. 465.) § 5553. Same; regulations for carrying act into effect—The Secretary of the Treasury Shall pre- scribe regulations necessary or convenient for Carry- ing this Act into effect. (June 10, 1910, c. 283, § 4, 36 Stat. 465.) * § 5554. Definition of “person”—The word per- son wherever used in this Act shall include perSOnS, copartnerships, associations, joint stock associations and corporations. (June 10, 1910, c. 285, § 5, 36 Stat. 465.) Sec. Chapter Five—Unlading 5555. Penalty for unlading without permit. 5556. Forfeiture for unlawful transfer. 5557. Permits. 5558. Same; contents. 5559. License to lade or unlade at night. 5560. Preliminary entry of vessel to boarding officer, and lad- ing or unlading thereupon. 5561. Bond for special license to lade or unlade at night. 5562. Issue of special licenses and permits. 5563. Time of delivery. 5564. Unlawful delivery; 5565. Same; forfeiture. 5566. Inspectors. B567. Same; duties. 5568. Same; delivery of cargo. 5569. Same; other duties and service; compensation. 5570. Same; compensation in case of delay. 5571. Compensation for night service; boarding officers may administer Oaths. 5572. Time for unloading. 5573. Same; salt and coal and other articles. 5574. Removal from Wharf. 5575. Landing spirits and wines; 5576. Same; inspection. 5577. Same; marking casks and cases. 5578. Same; obliteration of marks. 5579. Forfeiture of omitted or missing articles. 5580. Account of deliveries. 5581. Proceedings on returns of deliveries. 5582. Returns of weighers, gaugers, and measurers. 5583. Distress of weather. #584. Same; storage of goods. * 5585. Same; variance between report and delivery. 5586. Same; reloading vessel. 5587. Obstruction by ice. 5588. Tare. § 5555. Penalty for unlading without permit —If after the arrival of any vessel laden with mer- Chandise and bound to the United States, within the limits of any collection-district, or within four leagues of the coast, any part of the cargo of such vessel shall be unladen, for any purpose whatever, before such vessel has come to the proper place for the discharge of her cargo, or some part thereof, and has been there duly authorized by the proper Officer of the customs to unlade the same, the master Of Such vessel and the mate, or other person next in Command, shall re- penalty. indorsement on permit. spectively be liable to a penalty of one thousand dol- lars for each such offense, and the merchandise SO unladen shall be forfeited, except in case of Some un- avoidable accident, necessity, or distress of weather. In case of such unavoidable accident, necessity, or dis- tress, the master of such vessel shall give notice to, and, together with two or more of the Officers or mar- iners On board Such vessel, of whom the mate Or Other person next in Command shall be one, shall make proof upon oath before the collector, or other chief officer of the customs of the district, within the limits Of which such accident, necessity, or distress happen- ed, or before the collector, or other chief officer of the collection-district, within the limits of which such ves- sel shall first afterward arrive, if the accident, neces- sity, or distress happened not within the limits of any district, but within four leagues of the coast of the United States. The collector, or other Chief officer, is hereby authorized and required to administer Such oath. (R. S. § 2867.) * § 5556. Forfeiture for unlawful transfer—If any merchandise, so unladen from on board any such VeSSel, Shall be put or received into any other vessel, except in the case of such accident, necessity, or dis- tress, to be SO notified and proved, the master of any Such vessel into which the merchandise Shall be SO put and received, and every other person aiding and assisting therein, shall be liable to a penalty of treble the value of the merchandise, and the vessel in which they shall be so put shall be forfeited. (R. S. § 2868.) § 5557. Perimits—The collector jointly with the naval Officer, if any, or alone where there is none, Shall, according to the best of his Or their judgment Or information, make a gross estimate of the amount Of the duties on the merchandise to which the entry Of any owner Or consignee, his factor or agent shall relate, which estimate shall be indorsed upon such entry and signed by the officer making the same. The amount of the estimated duties having been first paid, Or Secured to be paid pursuant to the provisions Of this title, the collector shall, together with the naval Officer, where there is one, or alone where there is none, grant a permit to deliver the merchandise, where- of entry has been so made, and then, and not before, it shall be lawful to deliver the merchandise. (R. S. § 2869, amended, June 5, 1894, c. 92, § 2, 28 Stat. 86.) § 5558. Same; contents—All permits shall spec- ify, as particularly as may be, the merchandise to be delivered, namely, the number and description of the packages, Whether trunk, bale, chest, box, case, pipe, hogshead, barrel, keg, or any other packages whatever, with the mark and number of each package, and, as far as circumstances will admit, the contents thereof, together with the names Of the vessel and master, in which and the place from whence they were import- ed; and no merchandise shall be delivered by any inspector or other officer of the customs that does not fully agree with the description thereof in such per- mit. (R. S. § 2870.) - (R. S. § 2871. Repealed.) This section, providing for granting of special license to unlade at night, and the amendment thereof by Act June 30, 1906, c. 3909, 34 Stat. 633, were repealed by section 6 of Act Feb. 13, 1911, c. 46, the preceding sections of which are §§ 5559-5562, 5571. Said sections were substitutes for the provisions so repealed. § 5559. License to lade or unlade at night— TJpon arrival at any port in the United States of any vessel or other conveyance from a foreign port Or place, either directly or by way of another port in the United States, or upon such arrival from another port in the United States of any vessel or other con- Veyance belonging to a line designated by the Secre- tary of the Treasury as a common carrier of bonded merchandise, and, after due report and entry Of Such vessel in accordagce with existing law or due report, under such regulations as the Secretary of the Treas- ſury may prescribe, of the arrival of such other, con- veyances, the collector of customs, with the Concur- rence of the naval officer at ports where there is a Ch. 5) 3 5568 COLLECTION OF DUTIES UPON, IMPORTS IPage 883] naval officer, shall grant, upon proper application therefor, a special license to lade or unlade the cargo Of any such vessel or other conveyance at night; that is to Say, between Sunset and sunrise. (Feb. 13, 1911, c. 46, § 1, 36 Stat. 899.) § 5560. Preliminary entry of vessel to board- ing officer, and lading or unlading thereupon- The master of any vessel from a foreign port or place, Upon arrival within a customs collection district of the United States, bound to a port of entry in such district, may make preliminary entry of the vessel by making oath or affirmation to the truth of the state- ments contained in his original manifest and deliver- ing his said original manifest to the customs officer Who shall board Such vessel within Such district, With a Copy of Said Original manifest for the use of the naval Officer at ports where there is a naval officer; Whereupon, upon arrival at the wharf or place Of dis- charge, the lading or unlading of the cargo of Such vessel may proceed, by both day and night, under such regulations as the Secretary of the Treasury may pre- scribe. (Feb. 13, 1911, c. 46, § 2, 36 Stat. 900.) § 5561. Bond for special license to lade or un- lade at night—Before any such special license to lade Or unlade at night shall be granted and before any permit shall be issued for the immediate lading Or unlading of any such vessel after preliminary entry, as hereinbefore provided, either-by-day-or-by-night- the master, owner, agent, or consignee of such vessel or other conveyance shall make proper application therefor and shall at the same time execute and de- liver to the United States, through the collector of customs, a good and sufficient bond, in a penal Sum to be approved by the said collector, conditioned to in- demnify and Save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of Such spe- Cial license or the issuing or granting of Such permit for immediate lading or unlading ; or the master, Owner, agent, consignee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and Sufficient bond, in the penal sum of fifty thousand dollars, Con- ditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special licenses and the issuing or granting Of Such permits for immediate lading or unlading by day and night during a period of six months. (Feb. 13, 1911, c. 46, § 3, 36 Stat. 900.) § 5562. Issue of special licenses and permits— Application having been duly made and the required bond having been duly executed and delivered, special license or licenses to lade or unlade at night after reg- ular entry of vessels, and due report of other Con- veyances, may be granted, and a permit Or permits may be issued for the immediate lading and unlading, by day and night, of vessels admitted to preliminary entry, or of other conveyances of which due report of arrival has been made: Provided, That the provisions Of this Act shall extend and be applicable to any Ves- sels or other conveyances bound to a port of entry in the United States to be unladen at a port Of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven hundred and Seventy-six of the Revised Statutes as amended: Provided further, That when preliminary entry of a Vessel Shall be made by the master as herein provided he shall not be relieved from making due report and entry of his vessel at the custom-house in a CCOrdance With existing law, and any liability of the master or owner of any such vessel to the owner Or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall Contin- ue until the merchandise is properly removed from the dock whereon the same may be landed. (Feb. 13, 1911, c. 46, § 4, 36 Stat. 900.) See § 5472. —ConVietien; § 5563. Time of delivery—Except as authoriz- ed by the preceding section, no merchandise brought in any vessel from any foreign port shall be unladen Or delivered from such vessel within the United States but in Open day—that is to say, between the rising and the Setting of the sun–except by special license from the collector of the port, and naval officer of the Same, Where there is one, for that purpose, nor at any time Without a permit from the collector, and navak Officer, if any, for such unlading or delivery. (R. S. § 2872, amended, June 26, 1884, c. 121, § 25, 23 Stat. 59.) R. S. § 2871, was repealed by Act Feb. 13, 1911, c. 46, § ºfections 1-4 of said act are $$ 5559-5562. And see § § 5564. Unlawful delivery; penalty—If any merchandise shall be unladen or delivered from any vessel, contrary to the preceding section, the master of Such vessel, and every other person who shall know- ingly be concerned, or aiding therein, or in removing, Storing, or otherwise securing such merchandise, shall each be liable to a penalty of four hundred dollars for each Offense, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and the Col- lector Of the district shall advertise the name Of Such perSOn in a newspaper printed in the State in Which he resides, within twenty days after each respective (R.—S.–$–2873.) - § 5565. Same; forfeiture—All merchandise, SO unladen or delivered contrary to the provisions of sec- tion twenty-eight hundred and Seventy-two, Shall be- COme forfeited, and may be seized by any of the Offi- cers of the customs; and where the value thereof, ac- Cording to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel, and furni- ture shall be Subject to like forfeiture and Seizure. (R. S. § 2874.) § 5566. Inspectors—The Collector of any district at which any vessel arrives, immediately on her first coming within such district, or the surveyor of any port where such vessel is, may put and keep On board such vessel, while remaining within such district, or in going from one district to another, one or more in- Spectors to examine the cargo or contents of Such ves- Sel, and to Superintend the delivery thereof, Or of SO much thereof as Shall be delivered Within the United States, and to perform such other duties, according to law, as they shall be directed by the collector, or sur- veyor, to perform for the better securing the collec- tion of the duties. Only collectors shall have power, however, to put inspectors on board vessels, to go from One district to another. (R. S. § 2875.) § 5567. Same; duties—The inspector shall make known to the master Of Such vessel the duties he is to perform ; and shall suffer no merchandise to be un- laden, or otherwise removed from such vessel, without a permit in writing from the collector of the port, and naval officer thereof, if any. The inspector shall enter in a book, to be by him kept according to such a form as shall be prescribed Or approved by the Col- lector, the name of the perSOn in whose behalf such permits are granted together with the particulars therein specified, and the marks, numbers, kinds, and description of the respective packages which shall be unladen pursuant thereto, and shall keep a like ac- Count in the book Of all merchandise which, not hav- ing been entered within the time limited by this Title, Or for SOme Other Cause, has been sent to the Store or warehouse provided for the reception of such mer- chandise; such book shall be delivered to the surveyor in the month of January in every year for his in- spection, and immediately after such inspection be transmitted by the Surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his Office. (R. S. § 2876.) § 5568. Same; delivery of cargo—The inspec- tor shall attend to the delivery of the cargo under his Care, at all times when the unlading Or delivery of 3 5569 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS IPage 884] merchandise is lawful, particularly from the rising to the Setting of the sun on each day, Sundays and the fourth day of July in each year excepted; for which purpose he shall constantly attend and remain on board the vessel, the deliveries from which he is to Superintend, Or at any other station. Where his inspection is necessary. The inspector shall not quit such station or place without the leave of the sur- veyor of the port first obtained, who shall appoint another inspector, if he deems it necessary, to Supply the place of such inspector during his absence; and any inspector who shall neglect Or in any manner act contrary to the duties hereby enjoined, shall for the first offense be liable to a penalty of the sum of fifty dollars, and for the second offense shall be dis- placed, and be incapable of holding any station Of trust or profit under the revenue laws of the United States, for a term not exceeding seven years. (R. S. § 2877.) § 5569. Same; other duties or service; com- pensation—No inspector shall perform any Other du-. ties or service on board any vessel, the superintend- ence of which is committed to him, for any person whatever, other than what is required by this Title, under the penalty of being disabled from acting any longer as an inspector of the Customs; the Wages Or compensation of such inspector as may proceed from one district to another, shall be defrayed by the mas- ter of the vessel Committed to his care; every inspec- tor or other Officer of the revenue, while performing any duty on board any vessel, not in a port of the TJnited States, discharging her Cargo, shall be en- titled to receive from the master of such vessel Such provisions and accommodations as are usually Sup- plied to passengers, or as the state and condition of such vessel will admit, on receiving therefor fifty cents a day; and any master of any vessel who shall refuse such provisions and reasonable accommodations shall be liable to a penalty of one hundred dollars. (R. S. § 2878.) § 5570. Same; compensation in case of delay —If, by reason of the delivery of the cargo in Sey- eral districts, more than the term allowed by law shall in the whole be spent therein, the wages or Com- pensation of the inspector who may be employed. On board of any vessel, in respect to which such term may be so exceeded, shall, for every day of Such ex- cess, be paid by the master or owner; and the inspec- tor shall, previously to the clearance of the vessel, render an exact account to the COllectOr Of all such compensation as has been paid, or is due and payable by the master or Owner. (R. S. § 2879.) § 5571. Compensation for night service; lboarding officers may administer oaths—The Sec- retary of the Treasury shall fix a reasonable rate of extra compensation for night services of inspectors, storekeepers, weighers, and other customs Officers and employees in connection with the lading or unlading of cargo at night, or the lading at night of Cargo Or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation Shall not exceed an amount equal to double the rate of compensation allowed to each such officer or em- ployee for like services rendered by day, the said extra compensation to be paid by the master, Owner, agent, or consignee of such vessel or other convey- ance, whenever such special license or permit for immediate lading or unlading or for lading or unlad- ing at night Or on Sundays or holidays shall be grant- ed, to the collector of customs, who shall pay the same to the Several Customs Officers and employees entitled thereto a CCOrding to the rates fixed therefor by the Secretary of the Treasury. Customs officers acting as boarding officers, and any customs Officer who may be designated for that purpose by the Col- lector of customs, are hereby authorized to admin- ister the oatl, or affirmation herein provided for, and Such boarding officers shall be allowed extra colm- pensation for services in boarding vessels at night or On Sundays or holidays—at the rate prescribed by the Secretary of the Treasury as herein provided, the Said extra compensation to be paid by the master, OWner, agent, or consignee of such vessels. (Feb. 13, 1911, c. 46, § 5, 36 Stat. 901.) ſ § 5572. Time for unloading—Whenever any merchandise shall be imported into any port of the United States from any foreign port, in any vessel, at the expiration of ten working days if the vessel is less than five hundred tons register, and within fifteen Working days if it is of five hundred tons register and less than one thousand, and within twenty Work- ing days if it is of one thousand tons register and less than fifteen hundred, and within twenty-five work- ing days if it is of fifteen hundred tons register and upward, not including legal holidays and days when the condition of the weather prevents the unlading of the vessel with safety to its cargo, after the time within which the report of the master of any vessel is required to be made to the Collector of the district, if there is found any merchandise other than has been reported for some other district or some foreign port, the Collector shall take possession thereof; but with the Consent of the owner Or consignee of any merchandise, Or with the GOnsent Of the OWner Or master of the vessel in which the same may be im- ported, the merchandise may be taken possession Of by the collector after One day’s notice to the collec- tor of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a certificate or receipt shall be granted. (R. S. § 2880, amended, May 9, 1896, C. 164, 29 Stat. 115.) § 5573. Same; salt and coal and other ar- ticles—The limitation of time for unlading, prescrib- ed by the preceding section, shall not extend to Ves- sels laden exclusively with coal, salt, sugar, hides, dyewoods, WOOl, Or jute butts, COnSigned to One COn- signee, arriving at a port for Orders; but if the mas- ter of any such vessel requires a longer time to dis- Charge her Cargo, the Wages Or COmpensation Of the inspector, for every day’s attendance exceeding the number of days allowed by law, shall be paid by the master Or Owner; and thereupon the collector is hereby authorized and required to allow such longer time, not exceeding fifteen days. (R. S. § 2881, amend- ed, June 3, 1892, c. 86, § 2, 27 Stat. 41.) § 5574. Removal from wharf–No merchandise, brought in any vessel, from any foreign port Or place, requiring to be weighed, gauged, or measured, in Or- der to ascertain the duties thereupon, shall, without the consent of the proper officer, be removed from any wharf, or place, upon which the same may be land- ed or put, before the same shall have been so weighed, gauged, or measured, and if spirits, wines, Or Sugars, before the proof or quality and quantity thereof is ascertained and marked thereon, by Or under the direction of the proper officer; and if any such mer- chandise shall be removed from such wharf Or place, unless with the consent of the proper officer, obtain- ed before the same has been so weighed, gauged, Or measured, and if spirits, wines, or Sugars, before the proof or quality and quantity has been So ascer- tained and marked, the same shall be forfeited, and may be seized by any officer of the Customs Or inspec- tion. (R. S. § 2882.) § 5575. Landing spirits and wines; indorse- ment on permit—Every permit for the unlading Of spirits, wines, or any part thereof, shall, previous to such landing or unlading thereof, be produced to the officer of inspection, who shall record or register in proper books the contents thereof, and shall indorse thereupon the word “Inspected,” the time when, and his own name; after which he shall return the permit to the person by whom it was produced, and then, and not otherwise, it shall be lawful to. land the Spirits, or wines, therein specified; and if spirits Or wines Shall be landed without such indorsement upon the Ch. 5) 3 5583 COLLECTION OF DUTIES UPON IMPORTS [Page 885I permit granted for that purpose, the master of the vessel from which the same shall have been SO land- ed shall for every such offense be liable to a penalty of five hundred dollars, and the Spirits Or Wines SO landed shall be forfeited. (R. S. § 2883.) § 5576. Same; inspection—All distilled spirits, and wines, shall be landed under the inspection Of the Surveyor, or other officer acting as inspector of the revenue for the port, and such of the inspectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof, for which purpose the officer shall at all rea- Sonable times attend. This shall not, however, be Construed to exclude the inspection of any officer of the customs, as now or heretofore practiced. (R. S. § 2884.) § 5577. Same; marking casks and eases—The officers of inspection of any port where distilled spir- its or wines shall be landed, shall, upon the landing thereOf, and as SOOn as the Casks, vessels, and Cases COntaining the same shall be inspected, gauged, Or measured, brand Or otherwise mark in durable Char- acters, the Several casks, Vessels, and CaseS COntain- ing the same, and the marks shall express the number of casks, vessels, or cases, whether of Spirits or wines, Imarked by each officer respectively, in each year, in progressive numbers for each of the articles; also -the port-of-importation; the name—of the vessel, and the surname of the master; also each kind Of Spirits or wines, for which different rates of duty are or shall be imposed, the number of gallons in each cask or Case, and the rate of proof if spirits; also the name Of the Surveyor or chief Officer of inspection for the port, and the date of importation; Of all which par- ticulars the Chief Officers of inspections shall keep ſair and Correct accounts, in books to be provided for that purpose. (R. S. § 2885.) § 5578. Same; obliteration of marks--On the sale of any Cask, vessel, or case, which has been Or shall be marked as containing distilled spirits Or wines, and which has been emptied of its COntents, and prior to the delivery thereof to the purchaser, or any removal thereof, the marks and numbers, which shall have been set thereon by Or under the direction of any officer of inspection, shall be defaced and obliterated in the presence of some officer of inspection or of the Customs, who shall, On due no- tice being given, attend for that purpose, at Which time the Certificate which Ought to a CCOmpany Such Chest, vessel, or case, shall also be returned and Can- celed. Every person who shall obliterate, counterfeit, alter, or deface any mark or number placed by an Officer of inspection upon any Cask, vessel, Or Case, Containing distilled spirits Or wines, or any certifi- Cate thereof; Or Who Shall Sell Or in any Way alienate Or remove any Cask, VeSSel, Or Case, Which has been emptied of its Contents, before the marks and num- bers, set thereon pursuant to the provisions Of the preceding section, shall have been defaced or oblit- erated, in presence of an Officer Of inspection; Or Who shall neglect or refuse to deliver the certificate issued to accompany the Cask, Chest, Vessel, Or Case, Of which the marks and numbers shall have been de- faced Or Obliterated in manner aforesaid, On being thereto required by an Officer of inspection or of the customs, shall for every such offense be liable to a penalty of one hundred dollars, with Costs of Suit. (R. S. § 2886.) § 5579. Forfeiture of onnitted or missing ar- ticles—If any package whatever which has been so reported is wanting, and not found. On board Such Vessel, Or if the merchandise On board such vessel does not Otherwise agree with the report Or manifest delivered by the master of any such vessel, in every Such case the master shall be liable to a penalty of five hundred dollars; except that if it is made to ap- pear to the satisfaction of the collector, naval officer, and Surveyor, or to the major part of them where those officers are established at any port, or to the satisfaction of the collector alone where neither of the others is established, or in case of trial for the penalty, to the satisfaction of the Court, that no part Whatever Of merchandise Of Such VeSSel has been un- shipped, landed, or unladen since it Was taken On board, except as specified in the report or manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in Such Case the penalty shall not be inflicted. But in all Such Cases the maSter Of any vessel shall be required and shall make a post entry or addition to the report Or manifest by him delivered of any and all merchandise Omitted to be included and reported in such manifest; and it shall not be lawful to grant a permit to unlade any such merchandise SO Omitted before Such post entry Or addition to such report Or manifest has been made. (R. S. § 2887.) § 5580. Account of deliveries—When the de- livery Of merchandise from On board Of any vessel is completed, copies Of the accounts or entries which have been kept or made thereof, by the Officer Charg— ed with the deliveries, shall be returned to the Col- lector of the district, and the naval Officer, if any, within three days after such delivery has been com- pleted, if at the port where such officer resides, and if at any Other port as SOOn as the nature of the Case will admit, not exceeding fifteen days. The accounts or entries to be so returned shall comprise all deliv- ories made pursuant to permits, and all packages or merchandise sent to the public stores; also each and every package remaining on board of such vessel for the purpose of being exported therein to a foreign port, Or to SOme Other district Of the United States. (R. S. § 2888.) § 5581. Proceedings on returns of deliveries— Such returns shall be signed by the inspectors re- Spectively under whose superintendence the deliveries have been made ; and, after examination, and On ºbe- ing found Correct, shall be countersigned or certified by the Surveyor of the port; if any, at the port where the deliveries have been made. The returns shall be transmitted by him to the naval Officer, if any ; who Shall COImpare the same with the manifests and en- tries in his possession ; and if any difference appears, the particulars thereof shall be noted by indorsement On the returns; and if no difference appears, it shall be SO noted by like indorsements. The naval Officer Shall transmit the returns to the Collector Of the dis- trict; and On being returned to the collector, shall be by him compared with the manifests and entries of the merchandise, which have been made by the own- er, COnsignee, or his factor or agent; and if any dif- ference appears, the same shall be noted by indorse- ment On such manifests specifying the particulars thereof; and if no difference appears, it shall be noted by like indorsement, that the delivery cor- responds with the entry or entries thereof. The in- dorsement or memorandum shall, in each case, be Subscribed by the Officer by whom the Comparison was made. (R. S. § 2889.) § 5582. Returns of weighers, gaugers, and measurers—The Weighers, gaugers, and measurers, employed in the service of the revenue, shall, within three days after any vessel is discharged, make re- turns of the articles by them respectively weighed, gauged, Or measured, Out of Such vessel. Such re- turns shall be made by the weighers, gaugers, and measurers, in books to be prepared by them for that purpose, and kept in the custom-houses. (R. S. § 2890.) § 5583. Distress of weather—If any vessel from any foreign port, compelled by distress of weather, or other necessity, shall put into any port of the United States, not being destined for the same, the master, together With the mate or person next in command, may, Within twenty-four hours after her arrival, make protest in the usual form upon oath, before a notary public or other person duly author- ized, or before the collector of the district where the vessel arrives, Setting forth the cause or circumstanc- - 3 5584 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS IIPage SS6] es of such distress or necessity. Such protest, if not Imade before the collector, shall be produced to him, and to the naval officer, if any, and a copy thereof lodged with him or them. The master shall also, within forty-eight hours after such arrival, make report in writing to the collector, of the vessel and her cargo, as is directed hereby to be done in Other cases. And if it appear to the collector, by the cer- tificate Of the Wardens Of the port, Or Other Officers usually charged with, and accustomed to ascertain the condition of vessels arriving in distress, if any, or by the certificate of two reputable merchants, to be named for that purpose by the Collector, if there are no such Wardens, or other officers duly qualified, that there is a necessity for unlading the vessel, the col- lector and naval officer, if any, shall grant a permit for that purpose, and shall appoint an inspector to Oversee Such unlading, who shall keep an account of the same, to be compared with the report made by the master of the vessel. (R. S. § 2891.) § 5584. Same; storage of goods—All merchan- dise so unladen from any vessel arriving in distress Shall be Stored under the direction of the collector, who, upon request of the master of Such vessel, or of the owner thereof, shall, together with the naval Officer, where there is One, and alone where there is none, grant permission to dispose Of Such part of the cargo as may be of a perishable nature, if any there be, or as may be necessary to defray the expenses at- tending Such vessel and her cargo. But entry shall be made therefor, and the duties paid. (R. S. § 2892.) § 5585. Same; variance between report and delivery—In case the delivery of the cargo does not agree with the report thereof, made by the master of such vessel SO arriving in distress, and if the differ- ence Or disagreement is not satisfactorily accounted for in manner prescribed by this Title, the master of subh vessel shall be liable to such penalties as in other like cases are prescribed. (R. S. § 2893.) § 5586. Same; reloading vessel—The merchan- dise, or the remainder thereof, which shall not be dis- posed of, may be reladen on board the vessel SO arriv- ing in distress, under the inspection of the Officer who Superintended the landing thereof, or other proper person ; and the vessel may proceed with the same to the place of her destination, free from any other charge than for the storing and safe-keeping of the merchandise, and fees to the officers of the customs as in other cases. (R. S. § 2894.) (R. S. § 2895. Superseded.) This section was as follows: “Whenever any Spanish vessel shall arrive in distress, in any port of the United States, having been damaged on the coast or within the limits of the United States, and her cargo shall have been unladen, in conformity with the provisions of the four preceding Sections, the cargo, or any part thereof, may, if the Vessel should be condemned as not seaworthy, or be deemed incapable of performing her original voyage, aft- erward be reladen on board any other vessel under the in- spection of the Officer who superintended the landing thereof, or other proper person. No duties, charges, or fees whatever, shall be paid on such part of the cargo as may be reladen and carried away, either in the vessel in which it was originally imported, or in any other.” It was superseded by the provisions of the treaty with Spain of July 3, 1902, 33 Stat. 2105. § 5587. Cºbstruction by ice—When a vessel is prevented by ice from getting to the port, or place at which her cargo is intended to be delivered, the col- lector of the district in which such vessel may be ob- structed may receive the report and entry of such vessel, and, with the Consent of the naval officer, where there is one, grant permits for unlading or landing the merchandise imported in such vessel, at any place within his district, most Convenient and proper. The report and entry of such vessel, and her Cargo, Or any part thereof, and all persons Con- cerned therein, shall be subject to the same regula- tions and penalties as if the vessel had arrived at the port Of her destination, and had there proceeded to the deliverv of her cargo. (R. S. § 2896.) (R. S. § 2897. Repealed.) This section authorized the Secretary of the Treasury, under regulations by him prescribed, to permit the un- loading of salt, imported from foreign places, on the right bank of the Mississippi River, opposite New Orleans, at any polnt on said bank between the upper and lower cor- porate limits of said city. It was repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691. § 5588. Tare—In estimating the allowance for tare On all Chests, boxes, cases, casks, bags, or other envelope or covering of all articles imported liable to pay any duty, where the original invoice is produced at the time of making entry thereof, and the tare Shall be specified therein, the collector, if he sees fit, Or the collector and naval officer, if any, if they see fit, may, with the consent of the consignees, estimate the tare according to such invoice; but in all other Cases the real tare shall be allowed, and may be as- Certained under such regulations as the Secretary of the Treasury may from time to time prescribe; but in no case shall there be any allowance for draught. (R. S. § 2898.) Sec. Chapter Six—Appraisal 5589. No delivery without. 5590. Number of packages to be opened. 5591. Appraisal at actual market value and wholesale price. 5592. Ascertainment of value. 5593. General appraisers; appointment, tenure, powers. 5594. Revision of reports of assistant appraisers; reappraise- ment; appeal to board of general appraisers. 5595. Decision of collector; appeal to board of general ap- pralsers. 5596. Administration of oaths, examination of witnesses, and production of papers. 5597. Failure to submit to examination or to produce papers; false SWearing. 5598. Decisions of general appraiser; abstracts. 5599. Assessment of ad valorem duties. 5600. Additional duties on failure to submit books, records, and accounts to inspection. salary, and filing; publication of 5601. Same. 5602. Allowance for shortage, or damage; abandonment of goods. 5603. Depreciated currency. 5604. Value at date of shipment. 5605. Value at period of exportation. 5606. Different values in the same invoice. 5607. Best article fixes value. 5608. Appraisement of wool. 5609. Appraisement of gloves. 5610. Grades of Sugar. 5611. Sampling of Sugar. 5612. Samples of wool. 5613. Standard of vinegar. 5614. Hydrometers. 5615. Ascertainment of duties on grain. 5616. Sampling and assaying lead ores. 5617. Shipment of ores to sampling works. 5618. Expense of Weighing, measuring, or gauging. 5619. Deficiency. 5620. Bond to produce proof. 5621. Storing goods with incomplete manifests. 5622. Examination of medicines. ã623. Name of proprietor affixed to medicines. 5624. Return on examination. 5625. Appeal from examination. 5626. Exportation of rejected articles. ã627. Appraiser as special examiner. 5628. Appraisement at New York. 5629. Examiners at New York. 5630. Appraisers at New York not to engage in business. 5631. Duties of appraisers at New York. 5632. Tabor beyond usual hours. 5633. Appraisement by revenue officers. 5634. Appraisement in other districts. 5635. Regulations for appraisal. 5636. Definition of ‘‘ton.” 5637. What buildings may be leased. § 5589. No delivery without—No merchandise liable to be inspected Or appraised shall be deliverod from the custody of the officers of the customs, until the same has been inspected or appraised, or until the packages sent to be inspected or appraised shall be found correctly and fairly invoiced and put up, and so reported to the collector. The collector may, how- ever, at the request of the owner, importer, consignee, or agent, take bonds, with approved security, in dou- ble the estimated value of such merchandise, condi- tioned that it shall be delivered to the Order of the collector, at any time within ten days after the pack- age sent to the public stores has been appraised and reported to the collector. If in the mean time any ' Ch. 6) 3 5593 COLLECTION OF DUTIES UPON IMPORTS [Page 887] package shall be opened, without the consent of the Collector or Surveyor given in writing, and then in the presence of One of the inspectors of the customs, Or if the package is not delivered to the Order of the Collector, according to the condition of the bond, the bond shall, in either case, be forfeited. (R. S. § 2899.) (R. S. § 2900. Repealed.) This Section provided for additions to the invoice value of merchandise entered, to raise it to the actual market Value or wholesale price, and for an additional duty if the appraised Value should exceed the deciared value. It was repealed by the Customs Adrainistrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and similar and further pro- Visions on the subject were made by section 7 of that act, which, as amended by Act July 24, 1897, c. 11, § 32, 30 Stat. 211, and the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 95, was further amended by the Fºwood Tariff Act of Oct. 3, 1913, c. 16, § III, I. See § 5527. § 5590. Number of packages to be opened— Ti Collector shall designate on the invoice at least One package of every invoice, and one package at least of every ten packages of merchandise, and a greater number should he or either of the appraisers deem it necessary, imported into such port, to be Opened, examined, and appraised, and shall order the package so designated to the public stores for examination ; and if any package be found by the appraisers to contain any article not specified in the in Voice, and they or a majority of them shall be of Opinion—that such article was omitted in the invoice With fraudulent intent on the part of the shipper, OWner, Or agent, the contents of the entire package in Which the article may be, shall be liable to sei- Zure and forfeiture on conviction thereof before any Court of Competent jurisdiction ; but if the apprais- ers Shall be of opinion that no such fraudulent intent existed, then the value of such article shall be added to the entry, and the duties thereon paid accordingly, and the same shall be delivered to the importer, agent, Or Consignee. Such forfeiture may, however, be re- mitted by the Secretary of the Treasury on the pro- duction of evidence satisfactory to him that no fraud was intended. (R. S. § 2901.) (R. S. § 2902. Repealed.) This section prescribed the mode of appraisal of mer- chandise. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and similar and further provisions on the subject were made by sec- tion 10 of that act, re-enacted in the same language by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 97, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, K. See § 5591. § 5591. Appraisal at actual market value and wholesale price—K. It shall be the duty of the ap- praisers of the United States, and every of them, and every person who shall act as such appraiser, or Of the collector, as the case may be, by all reasonable Ways and means in his or their power to ascertain, estimate, and appraise (any invoice or affidavit there- to Or Statement Of COSt, or of COSt Of production to the contrary notwithstanding) the actual market value and wholesale price of the merchandise at the time of exportation to the United States, in the principal markets Of the Country When Ce the Same has been imported, and the number of yards, parcels, or quan- tities, and actual market value Or wholesale price of every of them, as the case may require. (Oct. 3, 1913, c. 16, § III, K, 38 Stat. 185.) § 5592. Ascertainment of value—L. When the actual market value, as defined by law, of any arti- cle of imported merchandise, wholly or partly man- ufactured and subject to an ad valorem duty, or to a duty based in Whole Ol' in part On Value, Can not be ascertained to the satisfaction of the appraising Officer, such Officer shall use all available means in his power to ascertain the cost of production of such merchandise at the time of eXportation to the United States, and at the place Of manufacture, Such cost of production to include the cost of materials and of fabrication, and all general expenses to be estimated at not less than 10 per Centum, COvering each and eVery outlay of whatsoever nature incident to such production, together with the expense of preparing and putting up such merchandise ready for shipment, and an addition of not less than 8 nor more than 50 Der Centum upon the total cost as thus ascertained ; and in no case shall such merchandise be appraised upon Original appraisal or reappraisement at less than the total cost of production as thus ascertained. The actual market value or wholesale price, as de- fined by law, of any imported merchandise which is Consigned for sale in the United States, or which is Sold for exportation to the United States, and which is not actually sold or freely offered for sale in usual Wholesale quantities in the open market of the coun- try of exportation to all purchasers, shall not in any Case be appraised at less than the wholesale price at Which Such or similar imported merchandise is actually Sold or freely offered for sale in usual whole- Sale quantities in the United States in the open mar- ket, due allowance by deduction being made for esti. mated duties thereon, cost of transportation, insur- ance and Other necessary expenses from the place of Shipment to the place of delivery, and a commission not exceeding 6 per centum, if any has been paid or Contracted to be paid on consigned goods, or profits not to exceed 8 per centum and a reasonable al- lowance for general expenses (not to exceed 8 per Centum) on purchased goods. (Oct. 3, 1913, c. 16, § –III, L, 38 Stat. 185.) § 5593. General appraisers; appointment, tenure, salary, and powers—There shall be appoint- ed by the President, by and with the advice and Consent Of the Senate, nine general appraisers of merchandise. Not more than five of such general appraisers Shall be appointed from the same political party. They shall not be engaged in any other busi- neSS, a VOCation, or employment. That the Office of Said general appraisers shall be at the port of New York, and three of them shall be on duty at that port daily as a board of general appraisers. All of the general appraisers of merchandise here- tofore or hereafter appointed under the authority Of Said Act shall hold their office during good be- havior, but may, after due hearing, be removed by the President for the following causes, and no other: Neglect of duty, malfeasance in office, or inefficiency. That hereafter the salary of each of the general appraisers of merchandise shall be at the rate of nine thousand dollars per annum. , That the boards of general appraisers and the mem- bers thereof shall have and possess all the powers Of a circuit court of the United States in preserving Order, Compelling the attendance of witnesses, and the production of evidence, and in punishing for COntempt. All notices in Writing to Collectors of dissatisfac- tion Of any decision thereof, as to the rate or amount Of duties chargeable upon imported merchandise, in- cluding all dutiable costs and charges, and as to all fees and exactions of whatever character (except du- ties on tonnage), With the invoice and all papers and exhibits, shall be forwarded to the board of nine gen- eral appraisers of merchandise at New York to be by rule thereof assigned for hearing or determination, Or both. The President Of the United States Shall designate One of the board Of nine general appraisers of merchandise as president Of Said board and others in order to act in his absence. Said general apprais- ers of merchandise shall be divided into three boards Of three members each, to be denominated respective- Jy Board 1, Board 2, and Board 3. The president of the board shall assign three general appraisers to each of said boards and shall designate One member of each of Said boards as chairman thereof, and Such assignment or designation may be by him changed from time to time, and he may assign or designate all. boards of three general appraisers where it is now or heretofore was provided by law that such might be assigned or designated by the Secretary of the à 5594 (Tit. 34 CoLLECTION OF DUTIES UPON IMPORTS IPage 888] Treasury. The president of the board shall be compe- tent to sit as a member of any board, or assign. One or two other members thereto, in the absence Or in- ability of any one or two members of such board. Each of the boards of three general appraisers, Or a majority thereof, shall have full power to hear and determine all cases and questions arising therein or assigned thereto; and the general board of nine gen- eral appraisers, each of the boards of three general appraisers, and each of the general appraisers Of merchandise, shall have all the jurisdiction and pow- ers and proceed as now, heretofore, and herein pro- vided. The said board of nine general appraisers shall have power to establish from time to time Such rules of evidence, practice and procedure, not in- consistent with the statutes, as may be deemed nec- essary for the conduct and uniformity of its pro- ceedings and decisions and the proceedings and deci- sions of the boards of three ºthereof; and for the production, care, and custody of samples and records of said board. The president of the board, shall have control of the fiscal affairs and the clerical force of the board, make all recommendations for appointment, promotion, and otherwise affecting said clerical force; he may at any time before trial under the rules of said board assign or reassign any Case for hearing, determination, or both, and shall designate a general appraiser or a board of general appraisers, and, if nec- essary, a clerk thereto, to proceed to any port With- in the jurisdiction of the United States for the pur- pose of hearing, or determining if authorized by law, Causes assigned for hearing at such port, and shall Cause to be prepared and duly promulgated dockets therefor. No member of any of said boards shall sit to hear or decide any case on appeal in the deci- Sion of which he may have previously participated. The board of three general appraisers, or a majority Of them, who decided the Case, may, upon motion of either party made within thirty days next after their decision, grant a rehearing or retrial of said case when in their opinion the ends of justice may require it. (June 10, 1890, c. 407, § 12, 26 Stat. 136, amended, May 27, 1908, c. 205, § 3, 35 Stat. 406, and Aug. 5, 1909, c. 6, § 28, 36 Stat. 98.) - § 5594. Revision of reports of assistant ap- praisers; reappraiserment; appeal to board of general appraisers—M. The appraiser shall revise and correct the reports of the assistant appraisers as he may judge proper, and the appraiser, or, at ports where there is no appraiser, the person acting as Such, shall report to the collector his decision as to the value of the merchandise appraised. At ports Where there is no appraiser the certificate of the Customs Officer to whom is committed the estimating and Collection of duties, of the dutiable value of any merchandise required to be appraised, shall be deem- ed and taken to be the appraisement of such merchan- Clise. If the collector shall deem the appraisement of any imported merchandise too low, he may, within Sixty days thereafter, appeal to reappraisement, which Shall be made by one of the general appraisers; or if the importer, owner, agent, or consignee of such merchandise shall deem the appraisement thereof too high, and shall have complied with the requirements Of law with respect to the entry and appraisement of merchandise, he may within ten days thereafter ap- peal for reappraisement by giving notice thereof to the Collector in writing. Such appeal shall be deem- ed to be finally abandoned and waived unless within two days from the date of filing thereof the person who filed such notice shall deposit with the collector of customs a fee of $1 for each entry. Such fee shall be deposited and accounted for as miscellaneous re- ceipts, and in case the appeal in connection with "Which such fee was deposited shall be finally sus- tained, in whole or in part, such fee shall be re- funded to the importer, with the duties found to be Collected in excess, from the appropriation for the refund to importers of excess of deposits. The de- cision of the general appraiser in cases of reappraise- ment shall be final and conclusive as to the dutiable value of such merchandise against all parties inter- ested therein, unless the importer, owner, consignee, or agent of the merchandise shall deem the reap- praisement of the merchandise too high, and shall, within five days thereafter, give notice to the collec- tor, in Writing, of an appeal, Or unless the CollectOr shall deem the reappraisement of the merchandise too low, and shall within ten days thereafter ap- peal for reappraisement; in either case the collec- tor Shall transmit the invoice and all the paperS ap- pertaining thereto to the board of nine general ap- praisers, to be by rule thereof duly assigned for determination. In such cases the general appraiser and boards of general appraisers shall proceed by all reasonable ways and means in their power to as- Certain, estimate, and determine the dutiable value of the imported merchandise, and in so doing may exercise both judicial and inquisitorial functions. In Such cases the general appraisers and the Boards of General Appraisers shall give reasonable notice to the importer and the proper representative of the Government of the time and place of each and every hearing at which the parties or their attorneys shalf have Opportunity to introduce evidence and to hear and Cross-examine the witnesses for the other party, and to inspect all Samples and all documentary evidence or other papers offered. Affidavits of persons whose attendance can not be procured may be admitted in the discretion Of the general appraiser Or Board of General Appraisers. The decision of the appraiser, or the perSon acting as such (in case where no objection is made thereto, either by the collector or by the importer, Owner, Consignee, or agent), or the single general appraiser in case of no appeal, or of the board of three general appraisers, in all reappraise- ment Cases, shall be final and conclusive against all parties and shall not be subject to review in any manner for any cause in any tribunal or court, and the collector or the person acting as such shall as- Certain, fix, and liquidate the rate and amount of the duties to be paid on such merchandise, and the dutiable costs and charges thereon, according to law; and no reappraisement or re-reappraisement shall be considered invalid because of the absence of the mer- Chandise or samples thereof before the Officer or Officers making the same, where no party in interest had demanded the inspection of such merchandise. Or Samples, and where the merchandise or samples Were reasonably accessible for inspection. (Oct. 3, 1913, c. 16, § III, M, 38 Stat. 186.) - § 5595. Decision of collector; appeal to board of general appraisers—N. The decision of the col- lector as to the rate and amount of duties chargeable upon imported merchandise, or upon merchandise on Which duty shall have been assessed, including all dutiable COsts and charges, and as to all fees and ex- actions of whatever character (except duties on ton- nage), shall be final and conclusive against all per- Sons interested therein, unless the owner, importer, Consignee, or agent of such merchandise, or the per- SOn paying Such fees, charges, and exactions other than duties, shall, within thirty days after but not before Such ascertainment and liquidation of duties, as well in CaseS Of merchandise entered in bond as for consumption, or within fifteen days after the payment of such fees, charges, and exactions, if dis- Satisfied with Such decision imposing a higher rate of duty, or a greater charge, fee, or exaction, than he shall claim to be legally payable, file a protest or protests in writing with the collector, setting forth therein distinctly and specifically, and in respect to each entry or payment, the reasons for his objections thereto, and if the merchandise is entered for con- sumption shall pay the full amount of the duties and charges ascertained to be due thereon. Such protest Ch. 6) 3 5600 COLLECTION OF DUTIES UPON IMPORTS [Page 889] shall be deemed to be finally abandoned and waived un- less within thirty days from the date of filing thereof the person Who filed Such notice Or protest shall have deposited With the Collector of Customs a fee of $1 with I'espect to each protest. Such fee shall be deposited and a CCOunted for as miscellaneous receipts, and in Case the protest in connection with which such fee was deposited shall be finally sustained in whole or in part, such fee shall be refunded to the importer, With the duties found to be collected in excess, from the appropriation for the refund to importers of ex- Cess of deposits. No agreement for a contingent fee in respect to recovery or refund under protest shall be lawful. Compliance with this provision shall be a condition precedent to the validity of the protest and to any refund thereunder, and a violation of this provision shall be punishable by a fine not exceed- ing $500, or imprisonment for not more than One year, Or both. Upon such payment of duties, protest, and deposit of protest fee, the collector shall transmit the in- voice and all the papers and exhibits connected there- with to the board of nine general appraisers, for due assignment and determination as provided by law; such determination shall be final and Conclusive upon all persons interested therein, and the record Shall be transmitted to the proper collector or person acting – as such, who shall liquidate the entry accordingly, except in cases where an appeal shall be filed in the TJnited States Court of Customs Appeals Within the time and in the manner provided for by law. (Oct. 3, 1913, c. 16, § III, N, 38 Stat. 187.) § 5596. Administration of oaths, examination of witnesses, and production of papers-O. The general appraisers, or any of them, are hereby au- thorized to administer oaths, and Said general ap- praisers, the boards of general appraisers, the local appraisers, or the collectors, as the Case may be, may cite to appear before them, and examine upon Oath any owner, importer, agent, consignee, or other per- son touching any matter or thing which they, or ei- ther of them, may deem material respecting any im- ported merchandise then under consideration or pre- viously imported within one year, in ascertaining the classification or dutiable value thereof or the rate Or amount of duty; and they, or either of them, may require the production of any letters, accounts, Con- tracts, or invoices relating to said merchandise, and may require such testimony to be reduced to Writing, and when so taken it shall be filed and preserved for use or reference until the final decision Of the Collec- tor, appraiser, or said board of appraisers shall be made respecting the valuation or classification of said merchandise, as the case may be; and such evidence shall be given consideration in all Subsequent pro- ceedings relating to such merchandise. (Oct. 3, 1913, c. 16, § III, O, 38 Stat. 188.) § 5597. Failure to submit to examination or to produce papers; false swearing—P. If any per- son so cited to appear shall neglect or refuse to at- tend, or shall decline to answer, or shall refuse to answer in writing any interrogatories, and Subscribe his name to his deposition, Or to produce such paperS when so required by a general appraiser, Or a board of general appraisers, or a local appraiser, Or a Col- lector, he shall be liable to a penalty of not less than $20 nor more than $500; and if such person be the owner, importer, or consignee, the appraisement which the Board of General Appraisers or local appraiser, Or collector where there is no appraiser, may make of the merchandise shall be final and conclusive; and any person who shall willfully and corruptly swear falsely on an examination before any general apprais- er, or Board of General Appraisers, or local apprais- er or collector, shall be deemed guilty of perjury ; and if he is the Owner, importer, or consignee, the mer- chandise shall be forfeited, or the value thereof may be recovered from him. 38 Stat. 188.) § 5598. Decisions of general appraiser; filing; publication of abstracts—Q. All decisions of the general appraisers and of the boards of general appraisers, respecting values and rates of duty, Shall be preserved and filed, and shall be open to inspection under proper regulations to be prescrib- ed by the Secretary of the Treasury. All deci- Sions Of the general appraisers shall be reported forthwith to the Secretary of the Treasury and to the I3oard of General Appraisers on duty at the port Of New York, and the report to the board shall be ac- Companied, Whenever practicable, by Samples Of the merchandise in question, and it shall be the duty of the said board, under the direction of the Secretary of the Treasury, to cause an abstract to be made and published of such decisions Of the appraisers as they or he may deem important, to be published either in full, or if full publication shall not be requested by the Secretary Or by the board, then by an abstract containing a general description of the merchandise in question, a statement of the facts upon Which the decision is based, and of the value and rate of duty fixed in each case, with reference, whenever prac- ticable, by number or other designation, to samples (Oct. 3, 1913, c. 16, § III, P, deposited in the place of samples at New-York,+and+ - such abstracts shall be issued from time to time, at least once in each week, for the information of Cus- toms officers and the public. (Oct. 3, 1913, c. 16, § III, Q, 38 Stat. 188.) § 5599. Assessment of ad valoren duties—R. Whenever imported merchandise is subject to an ad valorem rate of duty, or to a duty based upon Or reg- ulated in any manner by the value thereof, the duty shall be assessed upon the actual market Value Or wholesale price thereof, at the time of eXportation to the United States, in the principal markets of the country from whence exported ; that Such actual mar- ket value shall be held to be the price at Which Such merchandise is freely offered for sale to all purchas- ers in Said markets, in the usual Wholesale quantities, and the price which the seller, shipper, Or Owner would have received, and was willing to receive, for Such merchandise when sold in the Ordinary Course of trade in the usual wholesale quantities, including the value of all Cartons, Cases, Crates, boxes, sacks, Casks, barrels, hogsheads, bottles, jars, demijohns, Carboys, and other Containers brooverings, Whether holding liq- uids Or Solids, and all Other COstS, Charges, and ex- penses incident to placing the merchandise in condi- tion, packed ready for shipment to the United States, and if there be used for covering or holding import- ed merchandise, whether dutiable Or free, any un- usual article or form designed for use otherwise than in the bona fide transportation Of Such merchandise to the United States, additional duty shall be levied and Collected upon Such material Or article at the rate to which the same would be subjected if sepa- rately imported. That the Words “value,” or “actual market value,” or “wholesale price,” whenever used in this Act, or in any law relating to the appraisement Of imported merchandise, shall be construed to be the actual market value or Wholesale price of such, or similar merchandise comparable in value therewith, as defined in this Act. (Oct. 3, 1913, c. 16, § III, R, 38 Stat. 189.) § 5600. Additional duties on failure to sub- mit books, records and accounts to inspection— U. If any person, persons. Corporations, or other bodies, Selling, Shipping, Consigning, or manufacturing merchandise exported to the United States, shall fail Or refuse to submit to the inspection of a duly accredit- ed investigating officer of the United States, when so requested to do, any or all of his books, records, or a CCOunts pertaining to the value or classification of such merchandise, then the Secretary of the Treas- ury, in his discretion, is authorized while such fail- 2 5600 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS * [Page 890] ure or refusal continues to levy an additional duty of 15 per Centum ad Valorem. On all such merchandise when imported into the United States: Provided, however, That such additional duties shall not be imposed in case the laws of the country of exporta- tion provide for the administration, by its duly au- thorized Officers, of Oaths to invoices, or statementS of cost, before certification by Consuls, and for punish- ment for false Swearing under said Oaths, whenever Consuls are directed by the Secretary Of State, under Section twenty-eight hundred and sixty-two Of the Revised Statutes, to require such oaths before certifi- cation of the invoices. (Oct. 3, 1913, c. 16, § III, U, 38 Stat. 189.) See § 5546. § 5601. Same—V. If any person, persons, CorpOra- tions, or other bodies, engaged in the importation of merchandise into the United States Or engaged in dealing with such imported merchandise, shall fail Or refuse to submit to the inspection. Of a duly a C- Credited investigating officer of the United States, up- On request so to do from the chief officer of Customs at the port where such merchandise is entered, any Or all of his books, records, or accounts pertaining to the value or classification of any such imported merchan- dise, then the Secretary of the Treasury, in his dis- cretion, is authorized while such failure or refusal continues, to assess additional duty of 15 per centum on all merchandise consigned to Or imported by, Or shipped, or intended for delivery, to such person, per- sons, corporations, or other bodies so failing or refus- ing. (Oct. 3, 1913, c. 16, § III, V, 38 Stat. 190.) § 5602. Allowance for shortage, or damage; abandonment of goods—X. No allowance shall be made in the estimation and liquidation of duties for shortage or nonimportation caused by decay, destruc- tion, or injury to fruit or other perishable articles imported into the United States whereby their Com- mercial value has been destroyed, unless under regu- lations prescribed by the Secretary of the Treasury. Proof to ascertain such destruction or nonimporta- tion shall be lodged with the collector of customs of the port where such merchandise has been landed, Or the person acting as such, within ten days after the landing of such merchandise. The provisions here- of shall apply whether or not the merchandise has been entered, and whether or not the duties have been paid or secured to be paid, and whether or not a per- mit of delivery has been granted to the OWner Or Con- signee. Nor shall any allowance be made for dam- age, but the importers may within ten days after en- try abandon to the United States all or any portion Of goods, wares, or merchandise of every description included in any invoice and be relieved from the payment of duties on the portion so abandoned: Pro- vided, That the portion so abandoned shall amount to 10 per centum or more of the total value or quantity Of the invoice. The right of abandonment herein pro- vided for may be exercised whether the goods, Wares, or merchandise have been damaged or not, Or Wheth- er or not the same have any commercial value: Pro- vided further, That section twenty-eight hundred and ninety-nine of the Revised Statutes, relating to the return of packages unopened for appraisement, shall in no wise prohibit the right of importers to make all needful examinations to determine whether the right to abandon accrues, or whether by reason of total destruction there is a nonimportation in whole or in part. All merchandise abandoned to the Government by the importers shall be delivered by the importers thereof at such place within the port of arrival as . the chief officer of customs may direct, and On the failure of the importers to comply with the direction of the collector or the chief officer of customs, as the case may be, the abandoned merchandise shall be dis- posed of by the customs authorities under such regul- lations as the Secretary Of the Treasury may pre- scribe, at the expense of such importers. Where im- ported fruit or perishable goods have been condemned at the port of original entry within ten days after landing, by health Officers or other legally constituted authorities, the importers or their agents shall, with- in twenty-four hours after such condemnation, lodge With the collector, or the person acting as collector, Of Said port, notice thereof in writing, together with an invoice description and the quantity of the articles COndemned, their location, and the name of the vessel in which imported. Upon receipt of said notice the Collector, Or person acting as collector, shall at Once Cause an investigation and a report to be made in Writing by at least two customs officers touching the identity and quantity of fruit or perishable goods COndemned, and unless proof to ascertain the short- age or nonimportation of fruit or perishable goods shall have been lodged as herein required, or if the importer or his agent fails to notify the collector of Such condemnation proceedings as herein provided, proof of Such shortage or nonimportation shall not 'be deemed established and no allowance shall be made in the liquidation of duties chargeable thereon. (Oct. 3, 1913, c. 16, § III, X, 38 Stat. 190.) - § 5603. Depreciated currency—The President may cause to be established fit and proper regulations for estimating the duties on merchandise imported into the United States, in respect to which the Origi- nal COSt Shall be exhibited in a depreciated currency, issued and Circulated under authority of any foreign government. (R. S. § 2903.) § 5604. Value at date of shipment—When the Cluty upon any imports shall be subject to be levied upon the true market-Value of Such imports in the principal markets of the COuntry from whence the im- portation has been made, Or at the port of exporta- tion, the duty shall be estimated and Collected upon the value on the day of actual shipment, whenever a bill of lading shall be presented showing the date of shipment, and which shall be certified by a certificate of the United States consul, [commercial agent, or Other legally authorized deputy. (R. S. § 2904.) (R. S. § 2905. Repealed.) This section provided that merchandise subject to ad valorem duty, etc., imported from a country in which it had not been manufactured or produced, should be ap- praised according to the current market value or whole- sale price in the country of production or manufacture. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Fºyne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 04. § 5605. Value at period of exportation—When an ad-valorem rate of duty is imposed on any import- ed merchandise, or when the duty imposed shall be regulated by, or directed to be estimated or based up- on, the value of the square yard, or of any specified quantity or parcel of such merchandise, the collec- tor within whose district the same shall be imported Or entered shall cause the actual market-Value, Or wholesale price thereof, at the period of the exporta- tion to the United States, in the principal markets Of the country from which the same has been imported, to be appraised, and such appraised value shall be considered the Value upon which duty shall be a SSess- ed. (R. S. § 2906.) (F. s. § 2907. Repealed.) This section provided that, in determining the dutiable value of merchandise, there should be added to the cost, or to the actual wholesale price or general market Value at the time of exportation in the principal markets of the country whence the same had been imported, the cost of transportation, shipment, etc., the value of the Sack, box, or covering in which the merchandise was contained, Com- mission, brokerage, export duty, and all other actual or usual charges for putting up, preparing, and packing for transportation or shipment. It was repealed by the Cus- toms Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and similar and further provisions on the Sub- ject were made by sections 11 and 19 of that act, amended by Act July 24, 1897, c. 11, § 32, 30 Stat. 211, and further amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 97, 101, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, L, R. See §§ 5592, 5599. - Ch. 6) Ž 5619 COLLECTION OF DUTIES UPON IMPORTS [Page 8911 (R. S. §§ 2908, 2909. Repealed.) These sections imposed additional duties, section 2908, where additions made to the entered value for charges, which were to be regarded as part of the actual value of the merchandise, should exceed by ten per cent. the de- clared Value; and section 2909, where the appraised value of Imerchandise Subject to ad valorem duty, etc., should exceed by ten per cent. the invoice value. The latter sec- tion was stricken out by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 247, and both sections were repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104; and other provisions on the subject were made by section 7 of the Customs Adminis- trative Act amended by Act July 24, 1897, c. 11, § 32, 30 Stat. 211, and further amended by section 28 of the Payne- Aldrich Tariff Act and section III, I, of the Underwood Tariff Act. See § 5527. § 5606. Different values in the same invoice— When merchandise of the same material or descrip- tion, but of different values, is invoiced at an average Drice, and not otherwise provided for, the duty shall be assessed upon the whole invoice at the rate to Which the highest valued goods in such invoice are subject. (R. S. § 2910.) § 5607. Best article fixes value—Whenever ar- ticles composed wholly, or in part, of wool or cotton, Of similar kind, but different quality, are found, in the Same package, charged at an average price, it shall be the duty of the appraisers to adopt the value Of the best article contained in Such package, and -SO gººd, as the average value of the whole. (R. S. § 11.) * § 5608. Appraiserment of wool—When wool of different qualities is imported in the same bale, bag, Or package, it shall be appraised by the appraiser, to determine the rate of duty to which it shall be sub- jected, at the average aggregate Value Of the Contents Of the bale, bag, or package; and when bales of dif- ferent qualities are embraced in the same invoice at the Same prices whereby the average price shall be reduced more than ten per Centum below the value of the bale of the best quality, the value of the Whole Shall be appraised according to the value of the bale Of the best quality; and no bale, bag, or package shall be liable to a less rate of duty in consequence of being invoiced with wool of lower value. (R. S. § 29.12.) § 5609. Appraisexment of gloves—In the ap- praisement of kid and all other gloves imported into the United States there shall be no discrimination in determining by appraisement the foreign market-value of such goods, whether protected by trade-mark or not ; and in no case shall gloves so protected by trade- mark be appraised at a less foreign market-value than the like goods not so protected; and no sale or pretended sale Of Such goods shall be held to fix the value of the same. (R. S. § 2913.) § 5610. Grades of sugar—The standard by which the Color and grades of Sugar are to be regulated, Shall be selected and furnished to the Collectors of Such ports of entry as may be necessary by the Sec- retary of the Treasury, from time to time, and in Such manner as he may deem expedient. (R. S. § 2914.) e § 5611. Saxmpling of sugar—The Secretary of the Treasury shall, by regulation, prescribe and re- Quire that samples from packages of sugar shall be taken by the proper officers, in such manner as to as- Certain the true quality of such sugar; and the weights Of Sugar imported in Casks or boxes shall be marked distinctly by the custom-house weigher, by scoring the figures indelibly on each package. (R. S. § 2915.) § 5612. Samples of wool—For the purpose of Carrying into effect the classification of wool and hair Of animals, prescribed by Schedule I, Title “Duties up On Imports,” a sufficient number of distinctive Sam- ples Of the various kinds of wool or hair embraced in each of the three Classes named, selected and pre- pared under the direction of the Secretary of the Treasury, and duly verified by him, the standard Sam- ples of which shall be retained in the Treasury De- partment, shall be deposited in the custom-houses and be estimated as a bushel. elsewhere, as he may direct; which samples shall be used by the proper officers of the customs, to deter- mine the class to which any imported wool or hair be- longs. (R. S. § 2916.) § 5613. Stazadard of vinegar—The standard for Vinegar Shall be taken to be that strength which Irequires thirty-five grains of bicarbonate of potash to neutralize One Ounce troy of vinegar; and all import duties that may be imposed by law on vinegar import- ed from foreign Countries shall be collected according to this standard. (R. S. § 2917.) § 5614. Hydrometers—The Secretary of the Treasury may, under the direction of the President, adopt such hydrometer as he may deem best calculated to promote the public interest for the purpose of as- Certaining the proof of liquors; and, after such adop- tion, the duties imposed by law upon distilled spirits shall be collected according to proof ascertained by any hydrometer so adopted. (R. S. § 2918.) § 5615. Ascertainment of duties on grain—For the purpose of estimating the duties on importations Of grain, the number of bushels shall be ascertained by Weight, instead of by measuring ; and sixty pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirty-two pounds Of oats, sixty pounds of pease, and forty-two pounds Of buckwheat, avoirdupois weight, shall respectively (R. S. § 2919:)- § 5616. Sampling and assaying lead ores—The Secretary of the Treasury shall prescribe regulations for the sampling and assaying of lead Ores import- ed into the United States, and such regulations shall provide that the method of sampling and assaying Such Ores shall be the same as that usually adopted for commercial purposes by public sampling works in the United States; and he is authorized to incur the necessary expense out of the appropriation for the Collection of the revenue from Customs: Provided, That no part of the expense herein authorized and di- rected shall be incurred for the erection of sampling works by the United States. (March 2, 1895, c. 189, § 1, 28 Stat. 933.) § 5617. Shipment of ores to sampling works— The Secretary of the Treasury is hereby authorized to expend, from the appropriation for collecting the revenue from Customs, to provide for the purchase Of the necessary land, and for the Construction and equip- ment of sampling works thereon, or for the leasing of suitable buildings and equipment for the sampling and assaying Of imported Silver Ores and other Ores containing lead at El Paso, Texas; Northport, Wash- ington ; and Bonner’s Ferry, Idaho, and at Such other ports as in the judgment of the Secretary of the Treas- ury the interests of the revenue demand, the sum Of forty-five thousand dollars, to be available for the fiscal year eighteen hundred and ninety-seven: Pro- vided, That the Secretary of the Treasury is hereby authorized, in case of importation of Said Ores at ports at which no facilities are provided, to send a portion thereof to any port having said facilities, at which port said portion may be sampled and assayed. The collector at the port of importation shall there- upon liquidate the entry upon said assay. In no in- stance, however, shall a less portion than one-fifth of any importation of ores be sampled and assayed. (June 8, 1896, c. 373, § 1, 29 Stat. 270.) § 5618–Expense of weighing, measuring, or gauging—In all cases in which the invoice Or entry does not contain the weight, or quantity, Or measure of merchandise, now weighed, or measured, Or gaug- ed, the same shall be weighed, gauged, or measured at the expense of the owner, agent, Or Consignee. (R. S. § 2920.) § 5619. Deficiency—If, on the opening of any package, a deficiency of any article shall be found, on examination by the appraisers, the same Shall be certified to the collector on the invoice, and an allow- ance for the same be made in estimating the duties. (R. S. § 2921.) 2 5620 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTs [Page 892I (R. S. §§ 2922–2924. Repealed.) R. S. § 2922, provided for the examination by the ap- praisers or other officers of any owner, importer, con- Signee, or other person, as to the market value or whole- sale price of any merchandise imported, and for the pro- duction of letters, accounts, or invoices relating to the Same. R. S. § 2923, imposed a penalty for failure to sub- mit to . Such examination or to produce such papers, and made the appraisement conclusive. And R. S. § 2924, made false SWearing on Such an examination perjury, and for- feited the merchandise of an owner, importer, or con- signee, guilty thereof. All these sections were repealed by the Customs, Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and similar provisions were made by séc- tions 16 and 17 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 100, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, O, P. See §§ 5596, 5597. § 5620. Bond to produce proof–Whenever, in the Opinion of the Secretary of the Treasury, it may be necessary in order to carry into full effect the laws for the Collection of the revenue, he may au- thorize the Collector of any district into which mer- chandise, subject to duty, may be imported, to re- Quire the OWner, importer, or consignee of such mer- Chandise, to give bond, in a sum not exceeding the value of such merchandise, that he will produce or cause to be produced, within a reasonable time, to be fixed by the Secretary, such proof as the Secretary may deem necessary, and as is in the power of the Owner, importer, or consignee, to obtain, to enable the Collector to ascertain the class Or description of manu- facture, Or rate of duty, to which Such merchandise is justly liable. (R. S. § 2925.) § 5621. Storing goods with incomplete mani- fests—All merchandise, of which incomplete entry has been made, or an entry without the Specification Of particulars, either for want of the Original invoice, Or for any other cause, or which has received damage during the voyage, shall be conveyed to some ware- house or storehouse, to be designated by the collector, in the parcels Or packages Containing the same, there to remain with due and reasonable care, at the ex- pense and risk of the owner or consignee, under the care of Some proper officer, until the particulars, Cost, Or Value, as the case may require, shall have been ascertained either by the exhibition Of the Original invoice thereof, or by appraisement, at the Option of the owner, importer, or consignee ; and un- til the duties thereon shall have been paid, or se- Cured to be paid, and a permit granted by the Collec- tor for the delivery thereof. (R. S. § 2926.) (R. S. § 2927. Repealed.) This section provided for the appraisal of articles dam- aged during the Voyage, and for allowances for such dam- ages in estimating duties. It was repealed by the Cus- toms Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and allowances for damages to merchandise im- ported were forbidden, and abandonment of damaged, mer- chandise after entry and relief from payment of duties thereon was provided for by section 23 of that act, which section, as amended, Was re-enacted by the Underwood Tariff Act, § III, X. See § 5602. (R. S. § 2928. Superseded.) This section, providing for appraisement of merchandise taken from any wreck and of damages sustained during the course of the voyage, was superseded by the provisions of the Customs Administrative Act of June 10, 1890, c. 407, § 23, 26 Stat. 140, which, as amended and designated as section 22 of said act, by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, were re-enacted by the TJnderwood Tariff Act of Oct. 3, 1913, c. 16, § III, X. See § 5602. (R. S. §§ 2929–2932. Repealed.) These sections provided for revision by the principal ap- praisers of reports of assistant appraisers, and for reap- praisement on the order of the collector; for appeals from appraisements; and for appeals from decisions of the col- lector to the Secretary of the Treasury. They were re- pealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141; and other provisions for revision of appraisements, reappraisements, appeals from decisions of appraisers and of collectors to the board of general ap- praisers, and review of their decisions, were made by sec- tions 12–18 of that act, which, as amended by Act May 27, 1908, c. 205, § 3, and the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, were incorporated in chapter 8 of the Judicial Code, §§ 188–199 (§§ 1179–1190), and the Underwood Tariff Act of Oct. 3, 1913, . c. 16, § III, M-Q ($$ 5594-5598), except said section 12, which is $ 5593. § 5622. Examination of medicines—All drugs, medicines, medicinal preparations, including medic- inal essential oils and chemical preparations, used Wholly Or in part as medicine, imported from abroad, shall, before passing the Custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their Value and identity specified in the invoice. (R. S. § 2933.) § 5623. Name of proprietor affixed to medi- cines—All medicinal preparations, whether chemical Or OtherWise, usually imported with the name of the Imanufacturer, shall have the true name of the manu- facturer and the place where they are prepared, permanently and legibly affixed to each parcel by Stamp, label, or otherwise; and all medicinal prepa- rations imported without such names so affixed shall be adjudged to be forfeited. (R. S. § 2934.) § 5624. Return on examination—If, on exam- ination, any drugs, medicines, medicinal prepara- tions, Whether chemical or otherwise, including medic- inal essential oils, are found, in the opinion of the examiner, to be So far adulterated, or in any manner Četeriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German phar- maCOpoeias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medicinal pur- poses, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom-house, unless, on a re-examination of a strict- ly analytical character, called for by the owner or COnSignee, the return of the examiner shall be found erroneous, and it is declared as the result of Such analysis, that the articles may properly, safely, and Without danger, be used for medicinal purposes. (R. S. § 2035.) § 5625. Appeal from examination—The owner Or Consignee shall at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his OWI expense, for a re-examination; and the Collector, upon receiving a deposit of such sum as he may deem sufficient to defray such expense, shall procure some competent analytical chemist possess- ing the Confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any Such institutions exist in the State in which the COl- lection-district is situated, to make a careful analysis Of the articles included in the return, and a report upon the same under oath. In case this report, Which shall be final, shall declare the return of the examiner to be erroneous, and the articles to be of the requisite strength and purity, according to the stand- ards referred to in the next preceding section, the entire invoice shall be passed without reservation, On payment of the customary duties. (R. S. § 2936, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5626. Exportation of rejected articles—If the examiner’s return, however, shall be sustained by the analysis and report, the articles shall remain in Charge of the collector, and the owner. Or consignee, On payment of the charges of storage and other ex- penses necessarily incurred by the United States, and On giving a bond with sureties satisfactory to the CollectOr to land the articles Out of the limits Of the United States, shall have the privilege of re-export- ing them at any time within the period of six months after the report of the analysis; but if the articles Shall not be sent Out Of the United States Within the time specified, the collector, at the expiration of that time, Shall Cause the same to be destroyed, and hold the owner or consignee responsible to the United States for the payment Of all charges, in the same manner as if the articles had been re-exported. (R. S. § 2937.) § 5627. Appraiser as special examiner—One of the assistant appraisers at the port of New York, to be appointed with special reference to his quali- fications for such duties, shall, in addition to the Ch. 7) # 5637 COLLECTION OF DUTIES UPON IMPORTS [Page 893] duties that may be required of him by the appraiser, perform the duties of a Special examiner of drugs, medicines, chemicals, and so forth. (R. S. § 2938.) § 5628. Appraisenment at New York—The col- lector of the port of New York shall not, under any circumstances, direct to be sent for examination and appraisement less than one package of every invoice, and one package at least out of every ten packageS of merchandise, and a greater number should he, Or the appraiser, or any assistant appraiser, deem it necessary. When the Secretary of the Treasury, however, from the character and description of the merchandise, may be of the Opinion that the eX- amination of a less proportion of packages Will am- ply protect the revenue, he may, by special regulation, direct a less number of packages to be examined. (R. S. § 2939.) § 5629. Examiners at New York—The Secre- tary of the Treasury may, on the nomination of the appraiser, appoint such number of examiners at the port of New York as the Secretary may in Writing determine to be necessary, to aid each of the assis- tant appraisers in the examination, inspection, and appraisement of merchandise. No person Shall be appointed such examiner who is not, at the time Of his appointment, practically and thoroughly ac- quainted with the character, quality, and Value Of the article in the examination and appraisement Of which he is to be employed ; nor shall any such ex- aminer, enter upon the discharge of his duties, as such, until he shall have taken and Subscribed an oath faithfully and diligently to discharge such du- ties. (R. S. § 2040.) § 5630. Appraisers at New York not to en- gage in business—No appraiser, assistant apprais- er, examiner, Clerk, verifier, Sampler, messenger, Or Other person employed in the departments Of ap- praisal at the port of New York, or any of them, shall engage or be employed in any commercial Or mercantile business, or act as agent for any perSOn engaged in such business, during the term of his appointment. (R. S. § 2941.) § 5631. Duties of appraisers at New York—All provisions relating to the duties of appraisers, or to any proceedings consequent or dependent upon the action of Such appraisers and not inconsistent With the provisions relating to the appraiser and assist- ant appraisers at the port of New York, shall be construed to apply to them. (R. S. § 2942.) (R. S. § 2943. Repealed.) This section provided that one of the assistant apprais- ers at the port of New York should be detailed for the supervision of examination of merchandise damaged on the voyage of importation, and to make examinations and ap- praisals and to report, etc. It was repealed, with R. S. § 2927, which provided for appraisal of such goods, and other sections, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted and designated as section 28 by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104. § 5632. Labor beyond usual hours—If at any time, from an increase of importation, or from any other cause, there shall be found upon the floors Of the public stores in the city of New York an accumu- lation of merchandise awaiting appraisement, the appraiser shall, under regulations established by the Secretary of the Treasury, direct the assistant ap- praisers, and others associated with them in this branch Of the public business, to devote time beyond the usual business hours, in each day, during day- light, to their respective duties, so that the business of appraisement may be faithfully and more prompt- ly dispatched. (R. S. § 2944.) (R. S. § 2945. Repealed.) This section imposed a penalty on any merchant chosen by the collector to make any appraisement required under any act respecting imports and tonnage, who should, after due notice, decline or neglect to assess at such appraise- ment. This section was repealed by the Customs Admin- istrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. § 5633. Appraisenment by revenue officers- When merchandise is entered at ports where there are no appraisers, the mode hereinbefore prescribed Of ascertaining the foreign value thereof shall be Carefully observed by the revenue officers to whom is committed the estimating and collection of duties. (R. S. § 2946.) § 5634. Appraiserment in other districts—The Secretary of the Treasury shall have authority to direct the appraisers for any collection-district to attend in any other collection-district for the pur- pose Of appraising any merchandise imported therein. (R. S. § 2947.) (R. S. § 2948. Superseded.) This section providing that additional duties are not to be deemed fines, etc., for distribution to customs officers, became inoperative by the repeal of all provisions for pay- ment of moieties of fines, etc., to informers or officers, by #. Anti-Moiety Act of June 2, 1874, c. 391, § 2. See § 5796 § 5635. Regulations for appraisal—The Secre- tary of the Treasury from time to time shall estab- lish such rules and regulations, not inconsistent with the laws Of the United States, to Secure a just, faithful, and impartial appraisal of all merchandise imported into the United States, and just and prop- er entries Of Such actual market-Value Or Wholesale price thereof, and of the square yards, parcels, or Other quantities, as the case may require, and of Such actual market-value or wholesale price of each of them. The Secretary of the Treasury shall—report— all such rules and regulations, with the reasons there- for, to the then next session of Congress. (R. S. § 2949.) (R. S. § 2950. Superseded.) This section provided that the certificate of the apprais- er should be deemed to be the appraisement. It was su- perseded by the provisions relating to appraisers made by the Customs Administrative Act of June 10, 1890, c. 407, § 13, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, M. See § 5594. § 5636. Definition of “ton”—Wherever the word “ton” is used in this chapter, in reference to Weight, it shall be construed as meaning twenty-hundred- weight, each hundred-weight being one hundred and twelve pounds avoirdupois. (R. S. § 2951.) (R. S. § 2952. Repealed.) This section defined the words “value” and “valued” as used in this chapter. It was repealed by the Customs Ad- ministrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and the construction of the words “value,” or “actual market value,” when used in any law relating to the ap- praisement of imported merchandise, was prescribed by section 19 of that act, which section, as amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, was substantially re-enacted by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, R. See § 5599. * § 5637. What buildings may be leased—Noth- ing herein contained shall be construed to prevent the leasing or hiring of such buildings or accommo- dations as may be required for the use Of the United States appraisers for the due examination and ap- praisal of imported merchandise at the ports where such officers are provided by law, nor to prohibit the leasing or hiring by collectors Of the customs, for short periods, with the approval of the Secretary of the Treasury, of Such stores as may be required for custom-house purposes at any Of the Smaller revenue ports of the United States. (R. S. § 2953.) Chapter Seven—The Bond and Ware- sec. house System 5638. Lease of warehouses authorized. 5639. Same; restrictions. 5640. Same; use. 5641. Same; limitation. B642. Cellars, vaults, and yards. 5643. Storage of grain. 5644. Private warehouses. 5645. Bond of proprietor. 5646. Deposit of merchandise at option of owners. 5647. Deposit for want of invoice. 5648. T)eposit on nonpayment of duties. 5649. Unclaimed merchandise stored in bonded warehouses. 5650. Deposit of imported liquors in bonded warehouse. 3650a. Entry of distilled spirits shipped from foreign coun- tries under bond for export. & 5638 (Tit. 34 CoLLECTION OF DUTIES UPON IMPORTS IPage 894] Sec. - 5651. Stamps and brands effaced on emptying packages of im- ported liquors. - 5652. Dealing in or using empty stamped imported liquor Con- tainerS. 5653. Importations in vessels. 5654. For Albany. 5655. Custody of goods not unladen in time. 5656. Withdrawal for consumption. 5657. Withdrawal for exportation; 5657a. Merchandise for exportation to Mexico; time for leaving in bonded Warehouse. 5658. Sales of merchandise; distribution of proceeds. 5659. Same; after one year. 5660. Same; distribution of proceeds 5661. Same; perishable articles. 5662. Same; on depreciation. 5663. Return of duties on exportation from Warehouse. 5664. Restriction on exportation for drawback. Permit for exportation. 5666. Manner of with drawal. 5667. Lien for freight. #668. Supplies to war vessels. 5669. Supplies for vessels in foreign trade or trade between Atlantic and Pacific. 5670. Materials and supplies for fishing or whaling vessels. 5671. Bonded warehouses for storage and cleansing of import- ed rice. - Bonded warehouses for storage and cleansing of im- ported garbanzo; withdrawals. 5672. Manufacturing warehouses. 5673. Smelting Works as bonded Warehou 3. 5674. Drawback; articles shipped to Philippines. 5675. Same; articles re-exported to Philippines. 5676. Abatements and allowances; injury or leakage. 5677. Same; injury by casualties. 5678. Obliterating marks. 5679. Unlawfully opening warehouse. 6680. Fraudulent concealment or removal from Warehouse. 5681. Report of merchandise in warehouse. 5682. Warehouse regulations. 5683. Regulations for warehouses, stores and other deposito- TleS. * , 5684. Public cartage let to lowest bidder; regulations. Withdrawal for rewarehousing in another district. 5686. Penalty for failure to transport. 5687. Withdrawal for exportation to Mexico. 5688. Same;, through port of LaVaca. 5689. Same; by Eagle Pass. 5690. Transportation in bond to foreign countries. B691. Transportation over foreign territory. 5692. Exemption from fees. 5693. Forfeiture for relanding exported merchandise. 5694. Bonded privileges for exportations to British Columbia or Northwest Territory. § 5638. Lease of warehouses authorized—The Secretary of the Treasury may, at his discretion, lease such warehouses as he deems necessary for the Stor- age of unclaimed goods, or goods which for any other reason are required by law to be stored by the GOV- ernment. (R. S. § 2954.) - § 5639. Same; restrictions—No leases shall be entered into by the United States for any warehouses for the storage of warehoused or unclaimed merchan- dise at any port where there may exist any private bonded warehouses: Provided, That such buildings Imay be leased as may be required for the use of ap- praisers for the examination and appraisal of import- ed merchandise at ports where such officers are pro- vided by law; and collectors may lease, for short pe- riods, at any of the smaller ports, such stores as may be required for custom-house purposes, with the ap- proval of the Secretary of the Treasury. 2955.) § 5640. Same; use–All Warehouses hired by the collector, naval Officer, or surveyor, shall be on pub- lic account, and paid for by the Collector as such, and shall be appropriated exclusively to the use of receiving foreign merchandise, subject, as to the rates of storage, to regulation by the Secretary of the Treasury. (R. S. § 2956.) § 564:1. Sarºne; limitation of---NO collectOr Or other officer of the customs shall enter into any con- tract Or agreement for the use of any building to be thereafter erected as a public store or Warehouse, and no lease of any building to be so used shall be taken for a longer period than three years, nor shall rent be paid, in whole or in part, in any case, in ad- vance. (R. S. § 2957.) - § 5642. Cellars, vaults, and yards—Cellars and vaults of stores for the storage of wines and distilled sale of abandoned goods. extension of (R. S. § . spirits Only, and yards for the storage of . Coal, Ima- hogany, and other woods and lumber, may, at the dis- Cretion of the Secretary of the Treasury, be consti- tuted bonded warehouses for the storage of Such articles under the same regulations and conditions as required in the storage of other merchandise; the cellars or vaults shall be exclusively appropriated to the storage of wines or distilled spirits, and shall have no opening or entrance except the One from the street, On which separate and different locks of the Custom-house and the OWner or proprietor of the cellars or vaults shall be placed. (R. S. § 2958.) § 5643. Storage of grain—Parts of such build- ing as shall be approved by the Secretary of the Treasury may be bonded for the storage of grain, under such rules, regulations, and conditions as he may prescribe for the security of the revenue. (R. S. § 2959.) § 5644. Private warehouses—Private Ware- houses shall be used solely for the purpose of storing warehoused merchandise, and shall be previously ap- proved by the Secretary of the Treasury, and be plac- ed in charge of a proper officer of the customs, who, together with the Owner and proprietor of the ware- house, shall have the joint custody of all the mer- Chandise stored in the Warehouse; and all the labor On the merchandise so stored must be performed by the owner or proprietor of the warehouse, under the Supervision Of the Officer of the Customs in Charge of the same, at the expense of the owner or proprietor. (R. S. § 2960.) -> º § 5645. Bond of proprietor—Before any of the stores or cellars, owned or occupied by private in- dividuals, shall be used as a Warehouse for merchan- dise imported by other merchants or importers, the Owner, Occupant, or lessee thereof shall enter into bond, in Such sums and with such Sureties as may be approved by the Secretary of the Treasury, exoner- ating and holding harmless the United States and its officers from Or on a CCOunt of any risk, loss, or ex- pense of any kind or description, connected with or arising from the deposit or keeping of the merchan- dise in the warehouses; and all imports deposited in any public or private Warehouse authorized by this Title Shall be at the Sole and exclusive risk and ex- pense of the owner or importer. (R. S. § 2961.) § 5646. Deposit of merelmandise at option of owners—Any merchandise subject to duty, with the exception of perishable articles, also gunpowder, and other explosive substances, except fire-crackers, which shall have been duly entered and bonded for ware- housing, in conformity with existing laws, may be de- posited, at the option of the owner, importer, Con- signee, or agent, at his expense and risk, in any pub- lic warehouse owned or leased by the United States, Or in the private warehouse of the importer, the same being used exclusively for the storage of ware- housed merchandise of his own importation or to his consignment, or in a private Warehouse used by the Owner, occupant, Or lessee, as a general warehouse for the Storage of Warehoused merchandise; Such place of storage to be designated on the warehouse- entry at the time of entering such merchandise at the custom-house. (R. S. § 2962.) § 5647. Deposit for want of invoice—When merchandise, imported into the United States, has not been entered in pursuance of the provisions of any act regulating imports and tonnage, the same shall be deposited in the public Warehouse, and shall there remain, at the expense and risk of the owner, until such invoice is produced. Nothing herein contained shall be understood to prohibit the sale of such quan- tities of merchandise SO Stored as may be necessary to discharge the duties thereon, and all intervening charges, at the time or times when such duties shall become due and payable. (R. S. § 2963.) § 5648. Deposit on nonpayment of duties—In all cases of failure Or neglect to pay the duties with- in the period allowed by law to the importer to make Ch. 7) ź 5654 COLLECTION OF DUTIES UPON IMPORTS IPage 895.I entry thereof, or whenever the owner, importer, or consignee shall make entry for warehousing the same, in writing, in such form and supported by such proof as shall be prescribed by the Secretary Of the Treas- ury, the merchandise shall be taken possession of by the collector, and deposited in the public Stores, Or in other stores to be agreed on by the Collector Or chief revenue officer of the port, and the importer, Owner, or consignee, such stores to be Secured under the joint locks of the inspector and importer, there to be kept, with due and reasonable care, at the charge and risk of the owner, importer, Consignee, or agent, and subject at all times to their Order, upon payment of the proper duties and expenses, to be as- Certained on due entry thereof for Warehousing, and to be secured by a bond of the owner, importer, or consignee, with surety to the satisfaction of the col- lector, in double the amount Of the duties, and in Such form as the Secretary of the Treasury shall prescribe. (R. S. § 2964.) § 5649. Unclaimed merchandise stored in bonded warehouses—Unclaimed merchandise requir- ed by existing laws to be taken possession of by Col- lectors of the customs imay be stored in any public warehouse owned or leased by the United States, or in any private bonded Warehouse authorized by this Title, and all charges for storage, labor, and other expenses accruing on any such merchandise, not to exceed in any case the regular rates for such objects at the port in question, must be paid before delivery of the goods on due entry thereof by the claimant or Owner; or if sold as unclaimed goods, to realize the import duties, the charges shall be paid by the Col- lector Out of the proceeds of the sale thereof before paying such proceeds into the Treasury as required by existing laws. (R. S. § 2965.) § 5650. Deposit of imported liquors in bond- ed warehouse–All distilled spirits, wines, and malt liquors, imported in pipes, hogsheads, tierces, barrels, Casks, or other similar packages, shall be first placed in public store or bonded Warehouse, and shall not be removed therefrom until the same shall have been inspected, marked, and branded by a United States customs-gauger, and a stamp aſſixed to each package, indicating the date and particulars of such inspection; and the Secretary of the Treasury is hereby authoriz- ed to prescribe the form of, and provide, the requisite stamps, and to make all regulations which he may deem necessary and proper for carrying the fore- going requirements into effect. Any pipe, hogshead, tierce, barrel, cask, or other package withdrawn from public store or bonded warehouse after the thirtieth day of June, eighteen hundred and seventy-nine, pur- porting to contain imported liquor, found without having thereon the stamp hereby required, shall be, with its contents, forfeited to the United States; and whenever any cask or package of imported distilled spirits of not less than five wine-gallons is filled for shipment, sale, or delivery on the premises of any wholesale liquor-dealer, the same shall be stamped with a special stamp for imported spirits, under Such rules and regulations as the Commissioner of Internal Revenue has prescribed, or may hereafter prescribe, in the case of domestic distilled spirits. (March 1, 1879, c. 125, § 11, 20 Stat. 342.) § 5650a. Entry of distilled spirits shipped from foreign countries under bond for export- That the Secretary of the Treasury be, and he is hereby, authorized and directed to permit the entry of distilled spirits shipped from any foreign Country to the United States prior to September first, nine- teen hundred and seventeen, into bonded Warehouses in the United States, under bond to be given by the importer of such distilled spirits, conditioned for the export of such goods to some foreign country Within the period of one year from and after the entry thereof into the United States. 40 Stat. 427.) (Oct. 6, 1917, c. 108, § 5651. Stamps and brands effaced on empty- ing packages of imported liquors—Every perSOn who empties or draws Off, Or Causes to be emptied or drawn Off, the contents Of any package of imported liquors stamped as above required, shall, at the time Of Such emptying, efface, obliterate, and destroy the Stamp thereon, and also all other marks or brands Which shall have been placed thereon in accordance with the law or regulations concerning imported liq- uors ; every Cask or other package from which the stamp for imported liquors required by this act to be placed thereon shall not be effaced, obliterated, or destroyed, On emptying such package, shall be for- feited, and the same may be seized by any officer of internal revenue wherever found ; and all the provi- Sions and penalties Of Section thirty-three hundred and twenty-four of the Revised Statutes of the Unit- ed States, relating to empty casks or packages from which the marks, brands, or stamps have not been effaced or obliterated, and relating to the removal of Stamps from packages, and to having in possession any stamps so removed, shall apply to the stamps for imported Spirits herein provided for, and to the casks Or Other packages On which Such Stamps shall have been used. (March 1, 1879, c. 125, § 12, 20 Stat. 342, amended, May 28, 1880, c. 108, § 12, 21 Stat. 148.) R. S. § 3324, is § 6105. § 5652. Dealing in or using empty stamped imported liquor containers—If any person shall purchase or sell, with the imported-liquor stamp here- in required remaining thereon, Or any of the marks or brands Which shall have been placed thereon in a C- Cordance with the laws or regulations concerning im- ported liquors remaining thereon; any cask or other package, after the same has been Once used to contain imported liquors and has been emptied ; Or if any perSOn Shall use Or have in possession such cask or package, with any imitation of such marks or brands, for the purpose of placing domestic distilled spirits therein for sale; every such cask or package, with its Contents, if any, shall be forfeited to the United States. And every such person who shall violate any Of the provisions Of this Section Shall be liable to a penalty of two hundred dollars for every such cask Or package SO purchased, sold, used, or had in pos- session. (March 1, 1879, c. 125, § 13, 20 Stat. 343, amended, May 28, 1880, c. 108, § 13, 21 Stat. 148.) § 5653. Importations in vessels—When mer- Chandise shall be imported into any port of the Unit- ed States from any foreign Country in vessels, and it shall appear by the bills of lading that the merchan- dise SO imported is to be delivered immediately after the entry of the vessel, the Collector of such port may take possession of Such merchandise and deposit the Same in bonded Warehouse ; and when it does not appear by the bills of lading that the merchandise SO imported is to be immediately delivered, the collector of the customs may take possession of the same and deposit it in the bonded warehouse, at the request of the owner, master, or consignee of the vessel, on three days' notice to such collector after the entry of the vessel. (R. S. § 2966, amended June 26, 1884, c. 121, § 24, 23 Stat. 58.) (R. S. § 2967. Superseded.) This section provided that merchandise imported into the port of Louisville, and destined for Jeffersonville, might be landed and warehoused at Jeffersonville, under the custody and control of the surveyor of the port of Louisville. It was superseded by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1 (§ 5327). § 5654. For Albany—The Secretary of the Treasury may extend the privileges of the provisions relating to warehouses, and the regulations of the Treasury Department relating thereto, to the port of Albany. (R. S. § 2968.) Act March 2 1867, c. 178, § 3, 14 Stat. 542. Albany was made a port of entry by the Plan of Reor- ganization of the Customs Service pursuant to the provi- sions of Act Aug. 24, 1912, c. 355, § 1 (§ 5327). Immediate transportation of imported merchandise to certain inland ports, in bond, without appraisement, was allowed by Act ź 5654 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 896] t June 10, 1880, c. 190, and later provisions under chapter 7A of this Title, “Immediate Transportation in Bond to In- land Ports.” The ports at which bonded warehouses were established were named in the following list published in the Treasury Department’s Circular of July 1, 1913: “List of ports at Which bonded Warehouses are established: Albany, N. Y. Baltimore, Md. Belfast, Me. Boston, Mass. Bridgeport, Conn. Brownsville, Tex. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Cape Vincent, N. Y. Castine, Me. Chattanooga, Tenn. Chicago, Ill. Cincinnati, Ohio. Columbus, Ohio. Corry, Pa. Dayton, Ohio. Denver, Colo. Detroit, Mich. Duluth, Minn. Eagle Pass, Tex. Eastport, Me. El Paso, Tex. Evansville, Ind. Everett, Wash. Fall River, Mass. Fernandina, Fla. Galveston, Tex. Gladstone, Mich. Gloucester, Mass. Grand Rapids, Mich. Green Bay, Wis. New Haven, Conn. New London, Conn. New Orleans, La. Newport News, Va. 2Newark, N. J. New York, N. Y. Niagara Falls, N. Y. Ogdensburg, N. Y. Omaha, Neb. Oswego, N. Y. Pensacola, Fla. Perth Amboy, N. J. Petersburg, Va. Philadelphia, Pa. Pittsburgh, Pa. Plattsburg, N. Y. Port Huron, Mich. Portal, N. D. Portland, Me. Portland, Or. Portsmouth, N. H. Port Townsend, Wash. Providence, R.. I Richmond, Va. Rochester, N. Y. St. Joseph, Mo. St. Louis, MO. St. Michael, Alaska. St. Paul, Minn. Salem, Mass. San Diego, Cal. San Francisco, Cal. San Juan, P. R. Sault Ste. Marie, Mich. Savannah, Ga. Seattle, Wash. Spokane, Wash. Springfield, Mass. Superior, Wis. Syracuse, N. Y. Tacoma, Wash. Hartford; Conn. Honolulu, Hawaii. Houston, Tex. o Indianapolis, Ind. Ransas City, Mo. Rey West, Fla. Laredo, Tex. Lincoln, Neb. Tampa, Fla. Los Angeles, Cal. Toledo, Ohio. Louisville, PCy. Utica, N. Y. Wilmington, Del. Memphis, Tenn. Wilmington, N. C.” Minneapolis, Minn. Milwaukee, Wis. The “ports where no bonded warehouse of class 3 is es- tablished, but where the customhouse premises are used for storage of bonded merchandise,” were named in the following list published in the Treasury Department’s Cir- cular of July 1, 1913: Aguadilla, P. R. Arecibo, P. R. Mayaguez, P. R. Nashville, Tenn. Arroyo, P. R. Norfolk, Va. Birmingham, Ala. Peoria, Ill. Charleston, S. C. Ponce, P. R. Fajardo, P. R. St. Augustine, Fla. Humacao, P. R. Jacksonville, Fla. Knoxville, Tenn. Marquette, Mich. § 5655. Custody of goods not unladen in time —All merchandise of which the collector Shall take possession under the provisions relating to the time for the discharge of a vessel’s cargo shall be kept with due and reasonable care at the charge and risk of the owner. (R. S. § 2969.) (R. S. § 2970. Superseded.) This section authorized withdrawal of merchandise, de- posited in bond, for consumption within one year from the date of the original importation. On payment of duties and charges to which it might be subject by law at time of withdrawal, and provided that merchandise might be Withdrawn for consumption after expiration of such one year and until expiration of three years on payment of duties assessed on original entry and charges, and an ad- ditional duty of 10 per cent. of amount of such duties and charges. It was superseded by the Customs Administra- tive Act of June 10, 1890, c. 407, § 20, 26 Stat. 140, as amended by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 54, 26 Stat. 624, which, as further amended, was superseded by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, S (§ 5656). - § 5656. Withdrawal for consumption—S. Any merchandise deposited in any public or private bond- ed warehouse may be withdrawn for Consumption within three years from the date Of Original importa- tion, on payment of the duties and charges to which it may be subject by law at the time Of Such With- drawal: Provided, That nothing herein shall affect or impair existing provisions of law in regard to the Sandusky, Ohio. Washington, D. C. (Georgetown). Worcester, Mass. disposal of perishable or explosive articles. (Oct. 3, 1913, c. 16, § III, S. 38 Stat. 189.) § 5657. Withdrawal for exportation; sale of abandoned goods—All merchandise which may be de- posited in public store or bonded warehouse may be Withdrawn by the Owner for exportation to foreign COUntries; or may be transshipped to any port of the Pacific or western coast of the United States at any time before the expiration of three years from the date of Original importation ; such goods on arrival at a Pacific Or western port to be subject to the same rules and regulations as if originally imported there. Any goods remaining in public store or bonded ware- house beyond three years shall be regarded as aban- doned to the Government, and sold under Such regu- lations as the Secretary of the Treasury may pre- scribe, and the proceeds paid into the Treasury. In COmputing this period of three years, if such exporta- tion. Or transshipment of any merchandise shall, ei- ther for the whole or any part of the term of three years, have been prevented by reason of any order of the President, the time during which such expor- tation or transshipment of such merchandise shall have been so prevented shall be excluded from the Computation. Merchandise withdrawn for exporta- tion shall be subject only to the payment of such gºe and charges as may be due thereon. (R. S. § 1.) - § 5657a. Merchandise for exportation to Mexico; extension of time for leaving in bonded warehouse—The limitation of section twenty-nine hundred and Seventy-One of the Revised Statutes of the United States as to the period during which mer- Chandise may remain in bonded warehouse without the payment of duty for exportation to Mexico be, and the Same hereby is, extended to all merchandise which Was in bonded warehouse on August first, nineteen hundred and sixteen, and intended for exportation to Mexico, until such time as in the opinion of the Sec- retary Of the Treasury conditions in Mexico are such as to make it commercially practicable to export the merchandise to that country. (Sept. 5, 1916, c. 441, 39 Stat. 725.) § 5658. Sales of merchandise; distribution of proceeds—The Secretary of the Treasury, in case Of any sale of any merchandise remaining in public store or bonded warehouse beyond three years, may pay to the owner, consignee, or agent of such mer- chandise, the proceeds thereof, after deducting du- ties, charges, and expenses, in conformity with the provision relating to the sale of merchandise remain- "#. a Warehouse for more than one year. (R. S. 2972.) § 5659. Same; after one year—If any mer- Chandise shall remain in public store beyond One year, without payment of the duties and charges thereon, except as hereinbefore provided, then such merchandise shall be appraised by the appraisers, if there be any at such port, and if none, then by two merchants to be designated and sworn by the collec- tor for that purpose, and sold by the collector at public auction, on due public notice thereof being first given, in the manner and for the time to be prescribed by a general regulation of the Treasury Department. At Such public sale, distinct printed catalogues de- scriptive of such merchandise, with the appraised value affixed thereto, shall be distributed among the perSons present at Such sale. A reasonable Opportuni- ty shall be given before such sale, to persons de- sirous of purchasing, to inspect the quality of Such merchandise. The proceeds of such sales, after de- ducting the usual rate of storage at the port in ques- tion, with all other charges and expenses, including duties, shall be paid over to the owner, importer, con- signee, Or agent, and proper receipts taken for the same. (R. S. § 2973.) § 5660. Same; distribution of proceeds—The Overplus, if any there be, of the proceeds of such sales, after the payment of storage, charges, expens. es, and duties, remaining unclaimed for the space of Ch. 7) 3 5670 COLLECTION OF DUTIES UPON IMPORTS IIPage 897] ten days after such sales, shall be paid by the col- lector into the Treasury of the United States; and the Collector Shall transmit to the Treasury Depart- ment, with the Overplus, a copy of the inventory, ap- praisement, and account of sales, Specifying the marks, numbers, and descriptions of the packages sold, their Contents, and appraised value, the name of the vessel and master in which, and Of the port whence, it was imported, and the time When, and the name of the person to whom such merchandise was Consigned in the manifest, and the duties and Charges to which the several consignments were respectively Subject ; and the receipt or certificate of the Col- lector shall exOnerate the master of any vessel in which such merchandise was imported, from all claim of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any overplus paid into the same under the provisions of this Title. (R. S. § 2974.) § 5661. Same; perishable articles—All mer- Chandise of a perishable nature, and all gunpowder and explosive Substances, except fire-crackers, de- posited in any public or private bonded warehouse, shall be sold forthwith. (R. S. § 2975.) § 5662. Same; on depreciation—Any collector Of the customs is authorized, under such directions and regulations as Imay be prescribed by the Secretary Of the Treasury, to sell, upon due notice, at public auction, any unclaimed merchandise deposited in pub- lic Warehouse whenever the same may from deprecia- tion in Value, damage, leakage, or other cause, in the Opinion of Such collector, be likely to prove insuffi- Cient, On a Sale thereof, to pay the duties, storage, and Other Charges if suffered to remain in public Store for the period allowed by law in the case of un- claimed merchandise. (R. S. § 2976.) § 5663. Return of duties on exportation from warehouse–Merchandise upon which duties have been paid may remain in warehouse in custody of the Officers of the customs at the expense and risk of the Owners of such merchandise, and if exported directly from Such custody to a foreign country within three years, shall be entitled to return duties. But proper evidence of Such merchandise having been landed abroad shall be furnished to the collector by the im- porter, and One per Centum of the duties shall be re- tained by the Government. (R. S. § 2977.) IR. S. § 3025, is § 5729. § 5664. Restriction on exportation for draw- back—No merchandise subject to duty shall be enter- ed for drawback, or exported for drawback, after it is withdrawn from the custody of the Officers of the Customs except as provided in section three thousand and twenty-five. (R. S. § 2978, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5665. Permit for exportation—If the owner, importer, consignee, or agent of any merchandise on Which the duties have not been paid, shall give to the Collector satisfactory security that the merchandise shall be landed out of the jurisdiction of the United States, in the manner required by the laws relating to exportations for the benefit of drawback, the collector and naval officer, if any, on an entry to re-export the Same, Shall, upon payment of the appropriate expens- es, permit the merchandise, under the inspection of the proper officers, to be shipped without the payment of any duties thereon. (R. S. § 2979.) § 5666. Manner of withdrawal–No merchan- dise shall be withdrawn from any warehouse in which it may be deposited, in a less quantity than in an en- tire package, bale, cask, or box, unless in bulk ; nor shall merchandise so imported in bulk be delivered, except in the whole quantity of each parcel, or in a quantity not less than one ton weight, unless by spe- cial authority of the Secretary of the Treasury. (R. S. § 2980.) COMP.ST.’18—57 § 5667. Lien for freight—That whenever the col- lector of the port of entry of the vessel, or other proper Officer of the customs, shall be duly notified in Writ- ing of the existence of a lien for freight, charges, or Contribution in general average upon imported goods, Wares, or merchandise in his custody, he shall, before delivering such goods, wares, or merchandise to the importer, Owner, or consignee thereof for consump- tion, or to any Vessel or vehicle for transportation Or exportation, give seasonable notice to the party or parties claiming the lien; and the possession by the Officers Of Customs shall not affect the discharge of Such lien, under such regulations as the Secretary of the Treasury may prescribe ; and Such officer shall refuse the delivery of such merchandise from any pub- lic Or bonded warehouse or other place in which the Same shall be deposited until proof to his satisfaction shall be produced that the freight, charges, or con- tribution in general average thereon has been paid or Secured ; but the rights Of the United States shall not be prejudiced thereby, nor shall the United States Or its Officers be in any manner liable for losses con- sequent upon such refusal to deliver. If merchandise SO subject to a llen, regarding which notice has been filed, shall be forfeited to the United States and sold, the freight, Charges, or contribution in general aver- age due thereon shall be paid from the proceeds of Such-sale-in-the-same mannerTaSTOther Charges and expenses authorized by law to be paid therefrom are paid. (R. S. § 2981, June 10, 1880, c. 190, § 10, 21 Stat. 175, and May 21, 1896, c. 217, 29 Stat. 129.) (R. S. § 2982. Superseded.) This section, as enacted in the Revised Statutes, pro- vided that: “The privilege of purchasing supplies from the public warehouses duty free, shall be extended under such reg- ulations as the Secretary of the Treasury shall prescribe, to the vessels of war of any nation in ports of the United States which may reciprocate such privilege toward the vessels of war of the WUnited States in its ports.” An amendment thereof, consisting of the insertion, after the words “The privilege of purchasing supplies,” instead of the words “from the public warehouses duty free,” of the words “from public warehouses, free of duty, and from bonded manufacturing warehouses, free of duty or of in- ternal revenue tax, as the case may be,” Was made by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 21, 36 Stat. 88, and the section as so amended was re-enacted in the same language by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, K (§ 5668). w § 5668. Supplies to war vessels–K. The privi- lege of purchasing supplies from public warehouses, free of duty, and from bonded manufacturing ware- houses, free of duty or of internal-revenue tax, as the Case may be, shall be extended, under such regula- tions as the Secretary of the Treasury shall prescribe, to the vessels of War Of any nation in ports Of the TJnited States which may reciprocate Such privileges toward the vessels Of War Of the United States in its ports. (Oct. 3, 1913, c. 16, § IV, K, 38 Stat. 197.) § 5669. Supplies for vessels in foreign trade or trade between Atlantic and Pacific—All arti- cles of foreign or domestic production needed and ac- tually withdrawn from bonded Warehouses and bond- ed manufacturing Warehouses for supplies (not include ing equipment) of vessels Of the United States engaged in foreign trade, Or in trade between the Atlantic and Pacific ports of the United States, may be so with- drawn from said bonded warehouses, free of duty Or Of internal-revenue tax, as the Case may be, under Such regulations as the Secretary of the Treasury may prescribe; but no such article shall be landed at any port of the United States. (June 26, 1884, c. 121, § 16, 23 Stat. 57, amended, July 24, 1897, c. 11, § 14, 30 Stat. 207.) - § 5670. Materials and supplies for fishing or whaling vessels—The provisions of sections twenty- five hundred and ten and twenty-five hundred and eleven of the Revised Statutes, as the sections of Title thirty three are numbered in “An act to reduce in- ternal revenue taxation and for other purposes,” ap- proved March third, eighteen hundred and eighty- 3 5670 (Tit. 34. COLLECTION OF DUTIES UPON IMPORTS [Page 898.I three, and the provisions of section sixteen of “An act to remove certain burdens on the American merchant marine and encourage the American foreign Carry- ing-trade, and for other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, shall apply to the construction, equipment, repairs, and sup- plies of vessels of the United States employed in the fisheries or in the Whaling business, in the same man- ner as to Vessels Of the United States engaged in the foreign trade. (June 19, 1886, c. 421, § 15, 24 Stat. 82.) See §§ 5399, 5310, 5669. § 5671. Bonded warehouses for storage and cleansing of imported rice—From and after the pas- sage of this act importers’ bonded warehouses, to be used for the storage and cleansing of imported rice in- tended for exportation to foreign countries, may be established at any port of entry in the United States, under Such rules and regulations as the Secretary Of the Treasury may prescribe. (March 24, 1874, c. 65, 18 Stat. 24.) - - § 5671a. Bonded warehouses for storage and eleansing of imported garbanzo; withdrawais- Under such regulations and conditions as may be prescribed by the Secretary of the Treasury, bonded warehouses may be established in which imported Mexican peas, commonly called garbanzo may be Stor- ed, cleaned, repacked or otherwise changed in condi- tion, but not manufactured, and withdrawn for ex- portation without the payment of duty thereon: Pro- vided, That the whole or any part of such imported garbanzo, and the waste material and by-products in- cident to cleaning or otherwise treating said imported garbanzo, may be withdrawn for domestic consump- tion upon the payment on the quantity so withdrawn of the duty imposed by law on such garbanzo in their condition as imported: And provided further, That the compensation of customs Officers and storekeepers for all Services in the Supervision of Such Warehouses shall be paid from moneys advanced by the warehouse proprietor to the collector of customs and be carried in a special account and disbursed for such purposes, and all expenses incurred shall be paid by the ware- house proprietor. (June 28, 1916, c. 180, 39 Stat. 239.) § 5672. Manufacturing warehouses—M. All ar- ticles, manufactured in whole or in part of imported materials, or of materials subject to internal-revenue tax, and intended for exportation without being charg— ed with duty, and without having an internal-revenue stamp affixed thereto, shall, under such regulations as the Secretary of the Treasury may prescribe, in or- der to be so manufactured and exported, be made and manufactured in bonded warehouses similar to those known and designated in Treasury Regulations as bonded warehouses, class six: Provided, That the manufacturer of such articles shall first give satis- factory bonds for the faithful observance of all the provisions of law and Of Such regulations as Shall be prescribed by the Secretary of the Treasury: Provid- ed further, That the manufacture of distilled spirits from grain, starch, molasses, or Sugar, including all dilutions or mixtures of them or either of them, shall not be permitted in such manufacturing warehouses. Whenever goods manufactured in any bonded ware- house established under the provisions Of the preced- ing paragraph shall be exported directly therefrom Or shall be duly laden for transportation and imme- diate exportation under the Supervision of the proper officer who shall be duly designated for that pur- pose, such goods shall be exempt from duty and from the requirements relating to revenue stamps. Any materials used in the manufacture of such goods, and any packages, coverings, vessels, brands, and labels used in putting up the same may, under the regulations of the Secretary of the Treasury, be Conveyed without the payment of revenue tax or duty into any bonded manufacturing warehouse, and im- ported goods may, under the aforesaid regulations, be transferred without the exaction of duty from any bonded Warehouse into any bonded manufacturing Warehouse; but this privilege shall not be held to ap- ply to implements, machinery, or apparatus to be used in the Construction or repair of any bonded manufac- turing Warehouse or for the prosecution of the busi- neSS Carried on therein. º - No articles or materials received into such bonded manufacturing warehouse shall be withdrawn or re- moved therefrom except for direct shipment and ex- portation or for transportation and immediate expor- tation in bond to foreign Countries or to the Philip- pine Islands under the Supervision of the Officer duly designated therefor by the collector of the port, who Shall Certify to such shipment and exportation, Or ladening for transportation, as the case may be, de- scribing the articles by their mark or otherwise, the Quantity, the date of exportation, and the name of the vessel: Provided, That the waste material or by- products incident to the processes of manufacture, including waste derived from cleaning rice in bonded warehouses under Act of March twenty-fourth, eight- een hundred and seventy-four, in said bonded Ware- houses may be withdrawn for domestic consumption on the payment of duty equal to the duty which Would be assessed and collected, by law, if such waste or by- products were imported from a foreign Country. All labor performed and services rendered under these provisions shall be under the Supervision of a duly designated officer of the customs and at the expense Of the manufacturer. ~ A careful account shall be kept by the collector of all merchandise delivered by him to any bonded man- ufacturing warehouse, and a sworn monthly return, verified by the customs officers in charge, Shall be made by the manufacturers containing a detailed statement of all imported merchandise used by him in the manufacture of exported articles. Before commencing business the proprietor of any manufacturing warehouse shall file with the Secre- tary of the Treasury a list of all the articles intended to be manufactured in such warehouse, and State the formula of manufacture and the names and quanti- ties of the ingredients to be used therein. Articles manufactured under these provisions may be withdrawn under such regulations as the Secretary of the Treasury may prescribe for transportation and delivery into any bonded warehouse at an exterior port for the sole purpose of immediate export there- from: Provided, That cigars manufactured in whole of tobacco imported from any one country, made and manufactured in such bonded manufacturing Ware- houses, may be withdrawn for home consumption up- on the payment of the duties on such tobacco in its condition as imported under such regulations as the Secretary of the Treasury may prescribe, and the pay- ment of the internal-revenue tax accruing on Such Ci- gars in their condition as withdrawn, and the boxes or packages containing such cigars shall be stamped to indicate their character, origin of tobacco from which made, and place of manufacture. The provisions of Revised Statutes thirty-four hun- dred and thirty-three shall, so far as may be practi- cable, apply to any bonded manufacturing Warehouse established under this Act and to the merchandise conveyed therein. (Oct. 3, 1913, c. 16, § IV, M, 38 Stat. 197.) - sºft s. s 3438, is s 6839. Act March 24, 1874, c. 65, is 5 § 5673. Smelting works as bonded warehouse —N. Subsection 1. The works of manufacturers en- gaged in smelting or refining, or both, of Ores and crude metals, may upon the giving of Satisfactory bonds be designated as bonded Smelting Warehouses. Ores or crude metals may be removed from the Ves- Sel or other vehicles in which imported, Or from a bonded warehouse, into a bonded Smelting Warehouse without the payment of duties thereon and there Smelted or refined, or both, together with Ores or crude metals of home or foreign production: Pro- vided, That the bonds shall be charged with the Ch. 7) 3 5683 COLLEGTION OF DUTIES UPON IMPORTS [Page 899] amount of duties payable upon such ores and crude metals at the time of their importation, and the Sev- eral charges against such bonds may be canceled up- On the exportation or delivery to a bonded manufac- turing Warehouse established under paragraph M. Of this section of an amount of the same kind of metal equal to the actual amount of dutiable metal produci- ble from the smelting or refining, or both, of such Ores Or Crude metals as determined from time to time by the Secretary of the Treasury: And provided fur- ther, That the said metals so producible, or any por- tion thereof, may be withdrawn for domestic Con- Sumption, Or transferred to a bonded Customs Ware- house, and withdrawn therefrom, and the Several Charges against the bonds canceled upon the pay- ment Of the duties Chargeable against an equivalent amount Of Ores Or Crude metals from which Said metal would be producible in their condition as im- ported: And provided further, That on the arrival Of the Ores and Crude metals at such establishments they shall be sampled and assayed according to COIn- mercial methods under the Supervision of Govern- ment officers, to be appointed by the Secretary of the Treasury and at the expense of the manufacturer: Provided further, That antimonial lead produced in said establishments may be withdrawn for consump- tion upon the payment of the duties Chargeable against—it as type—metal-under existing law and the Charges against the bonds canceled in a similar sum : Provided further, That all labor performed and serv- ices rendered pursuant to this section shall be under the supervision of an Officer of the customs, to be appointed by the Secretary of the Treasury, and at the expense of the manufacturer: Provided further, That all regulations for the carrying out of this sec- tion shall be prescribed by the Secretary of the Treasury. (Oct. 3, 1913, c. 16, § IV, N, subsec. 1, 38 Stat. 198.) § 5674. Drawback; articles shipped to Philip- pines—All articles manufactured in bonded manufac- turing warehouses in whole or in part of imported materials, or of materials subject to internal-revenue tax and intended for shipment from the United States to the Philippine Islands, shall, when so shipped, un- der such regulations as the Secretary of the Treasury may prescribe, be exempt from internal-revenue tax, and shall not be charged with duty except the duty levied under this Act upon imports into the Philip- pine Islands. :}; ::: 2% :}; : sk 3k Where materials on which duties have been paid are used in the manufacture of articles manufac- tured Or produced in the United States, there shall be allowed on the shipment of said articles to the Philippine Archipelago a drawback equal in amount to the duties paid on the materials used, less one per Centum Of Such duties, under such rules and regula- tions as the Secretary of the Treasury may prescribe. (March 8, 1902, c. 140, § 6, 32 Stat. 55.) Remainder of this section, see § 6338. § 5675. Same; articles reexported to Philip- pines—Merchandise in, bonded warehouse or other- Wise in the Custody and Control Of the Officers of the Customs upon which duties have been paid, shall be entitled, On shipment to the Philippine Islands with- in three years from the date of the original arrival, to a return of the duties paid less one per centum, and merchandise upon which duties have not been paid may be shipped Without the payment of duties to the Philippine Islands within said period, under Such rules and regulations as may be prescribed by the Secretary of the Treasury. (March 8, 1902, c. 140, § 7, 32 Stat. 55.) $8. § 5676. Abatements and allowances; injury or leakage—In no Case shall there be any abatement of the duties or allowance made for any injury, dam- age, deterioration, loss, or leakage Sustained by any merchaîldise, while deposited in any public or private bonded warehouse. (R. S. § 2983.) § 5677. Same; injury by casualties—The Sec- retary Of the Treasury is hereby authorized, upon production of satisfactory proof to him of the actual injury or destruction, in whole or in part, of any merchandise, by accidental fire, or other casualty, While the same remained in the custody of the Officers Of the Customs in any public or private warehouse under bond, or in the appraisers’ stores undergoing appraisal, in pursuance of law or regulations of the Treasury Department, or while in transportation under bond from the port of entry to any other port in the United States, or while in the custody of the Officers of the customs and not in bond, or while with- in the limits of any port of entry, and before the Same have been landed under the supervision of the Officers of the customs, to abate or refund, as the Case may be, Out of any moneys in the Treasury not Otherwise appropriated, the amount of impost duties paid Or accruing thereupon ; and likewise to can- cel any Warehouse bond or bonds, or enter satisfaction thereon in whole or in part as the case may be. (R. ãº, 2984, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. $ 5678. Obliterating marks—Any person con- Victed of altering, defacing, or obliterating any mark Which has been placed by any officer of the revenue On any package of warehoused merchandise shall be liable to a penalty of five hundred dollars for every such offense. (R. S. § 2985.) § 5679. Unlawfully opening warehouse—If any importer or proprietor of any warehoused merchan- dise, or any person in his employ, shall, by any con- trivance, fraudulently open the warehouse, or shall gain access to the merchandise, eXCept in the pres- ence of the proper officer of the customs, acting in the execution of his duty, such importer or proprie- tor Shall be liable to a penalty of one thousand dol- lars for every such offense. (R. S. § 2986.) § 5680. Fraudulent concealment or removal from warehouse—If any warehoused merchandise Shall be fraudulently concealed in or removed from any public Or private warehouse, the same shall be forfeited to the United States; and all persons con- Victed of fraudulently concealing or removing such merchandise, or of aiding or abetting such conceal- ment or removal, shall be liable to the same penalties as are imposed for the fraudulent introduction of merchandise into the United States. (R. S. § 2987.) $ 5681. Report of merchandise in warehouse— The Collectors of the several ports of the United States shall make quarterly reports to the Secretary of the Treasury, according to such general instruc. tions as the Secretary may give, of all merchandise remaining in the warehouses of their respective ports, Specifying the quantity and description of the same. (R. S. § 2988, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5682. Warehouse regulations—The Secretary Of the Treasury may from time to time establish Such rules and regulations, not inconsistent with law, for the due execution of the provisions of this chapter, and to secure a just accountability under the same, as he may deem to be expedient and necessary. (R. S. § 2989, amended Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5683. Regulations for warehouses, stores, and other depositories—The Secretary of the Treas- ury shall, from time to time, make such regulations as he may deem necessary for the conduct and man- agement of the bonded Warehouses, general Order stores, and other depositories of the imported mer- chandise throughout the United States; all regula- tions or Orders issued by Collectors of customs in re- gard thereto shall be Subject to revision, alteration, or revocation by him ; and no warehouse shall be bOnded and no general-Order Store established without his authority and approval. And it shall be the duty of the Secretary of the Treasury, in granting permits to establish general-order warehouses, to require such & 5684 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 900] warehouse or Warehouses to be located COntiguous, Or as near as may be, to the landing places Of Steamers and vessels from foreign ports; and that no officer of the customs shall have any personal OWnership Of, or interest in, any bonded warehouse or general-Or- der store. (June 22, 1874, c. 391, § 24, 18 Stat. 191.) § 5684. Public cartage let to lowest bidder; regulations—Public cartage of merchandise in the custody of the Government shall be let after not leSS than thirty days' notice of such letting to the lowest responsible bidder giving sufficient security, and shall be subject to regulations approved by the Secretary of the Treasury. (June 22, 1874, c. 391, § 25, 18 Stat. 191.) (R. S. §§ 2990–2997. Repealed.) R. S. § 2990, provided that when any merchandise, ex- cept wine, distilled spirits, and perishable or explosive ar- ticles, or articles in bulk, imported at the ports of New York, Philadelphia, Boston, Baltimore, Portland, Me., Port Huron, Detroit, New Orleans, Toledo, and San Fran- cisco should appear by the invoice or bill of lading and by the manifest to be consigned to and destined for any of the ports mentioned in section 2997, the collector at the port of arrival should permit the owner, agent, or Con- signee to make entry thereof for warehouse or immediate transportation, in triplicate, setting forth the particulars in such entry, and the route by which such merchandise Was to be forwarded, and, the entry having been compar- ed with the invoice, and duly sworn to, and the merchan- dise having been examined by the customs officers, so that they were satisfied that the same corresponded with the manifest and invoice, and the duties estimated on the value and quantity of the invoice, and on the execution of a bond as afterwards provided, the collector was au- thorized to deliver the same to be immediately transported to the port of destination at the sole cost and risk of the owner, agent, or consignee. R. S. § 2991, required the col- lector of the port of first arrival to give priority in time to the examination of merchandise destined for transpor- tation to the ports designated in section 2997. It provided that the merchandise entered for immediate transporta- tion should not be subject to appraisement and liquidation of duties at the port of first arrival but should there un- dergo Such examination as the Secretary of the Treasury should deem proper to verify the invoice and entry, and the same examination and appraiserment were required at the port of destination as would have been required at the port of first arrival, if such merchandise had been enter- ed for consumption or warehouse at such port. R. S. § 2992, provided that the bond for transportation should be in a penal Sum of at least double the invoice value of the merchandise, and the duties, added, in such form, and with Such Sureties, not less than two, as should be pre- scribed by the Secretary of the Treasury, and the sureties Were required to justify in an amount at least double the penalty of the bond. The collector was required to certify to the sufficiency of the bond. It permitted the execution of Such bond at the port of destination, and its transmis- sion to the collector at the port of first arrival. R. S. § 2993, required that merchandise entered for transportation should be delivered to and transported by common car- riers designated by the Secretary of the Treasury, and Such carriers were made responsible to the United States as Common carriers for the safe delivery of such mer- Chandise to the collector at the port of destination. Such carriers were required to give bonds in such form and amount, and with conditions not inconsistent with law, and such security as the said Secretary should require. R. S. § 2994, required that cars or vehicles transporting Imerchandise under this Title should be securely fastened under the exclusive control of the customs officers, and re- quired the stationing of inspectors at proper points along the designated routes, or upon any car, etc., at the dis- Cretion of the Secretary and at the expense of the com- panies, respectively. It prohibited the unloading or trans- shipping between ports of first arrival and final destina- tion, unless authorized by the regulations of the Secretary of the Treasury in cases which might arise from a differ- ence in the gauge of railroads, or from accidents, or from legal intervention, or from low water, ice, or other un- avoidable obstruction to navigation. It prohibited the breaking of the original packages. R. S. § 2995, provided that merchandise destined for immediate transportation, except packages designated for examination, should be transferred under proper supervision directly from the imi- porting Vessel to the car, vessel, or vehicle in which the same was to be transported to its final destination; and if transferred from the importing vessel to any bonded or other warehouse, or to any other place than such car, ves- Sel, or vehicle, it should be taken possession of by the collector as unclaimed, and deposited in public store, not to be removed without entry and appraisement as in ordi- nary cases. R. S. § 2996, authorized the Secretary of the Treasury to establish bonded warehouses especially and exclusively designed for the reception of such merchandise in cases where its immediate transportation to the trans- porting car, vessel, or vehicle should be impracticable. It provided that merchandise remaining in such warehouse more than ten days should be deprived of the privileges of transportation in bond conferred by this Title, and should be taken possession of by the collector as unclaim- ed, and held until regularly entered and appraised. R. S. § 2997, extended the privileges of transportation in bond to the ports of New York and Buffalo, in New York; BOS- ton, in Massachusetts; Providence, in Rhode Island; Philadelphia and Pittsburg, in Pennsylvania; Baltimore, in Maryland; Norfolk, in Virginia; Charleston, in South Carolina; Savannah, in Georgia; New Orleans, in Louis- iana; Portland, in Maine; Chicago, in Illinois; Cincin- nati, Cleveland, and Toledo, in Ohio; St. Louis, in Mis- souri; Evansville, in Indiana; Milwaukee, in Wisconsin; Louisville, in Kentucky; San Francisco, in California; Portland, in Oregon; Memphis, in Tennessee; Mobile, in Alabama; and to importations from or to Europe, and from or to Asia, or the islands adjacent thereto, by Way of the United States. It was amended by Act Feb. 18, 1875, c. 80, 18 Stat. 319, by extending such privileges to De- troit, in Michigan. All these sections were repealed by the Immediate Transportation Act of June 10, 1880, c. 190, § 8, 21 Stat. 175, other sections of which act, making pro- visions for such transportation of merchandise in bond, with subsequent provisions relating thereto, are chapter 7A of this Title, “Immediate Transportation in Bond to Inland Ports.” The privileges of R. S. §§ 2990–2997, were extended to Genesee by Act March 14, 1876, c. 23, 19 Stat. 7, and also extended to St. Paul by Act Aug. 14, 1876, c. 270, 19 Stat. 139. § 5685. Withdrawal for rewarehousing in an- other district—Any merchandise, duly entered for warehousing may be withdrawn under bond, without payment of the duties, from a bonded Warehouse in any collection-district, and be transported to a bond- ed warehouse in any other collection-district, and re- warehoused thereat; and any such merchandise may be so transported to its destination wholly by land, or wholly by water, or partially by land and partial- ly by water, over such routes as the Secretary of the Treasury may prescribe, and may likewise be Con- veyed over any foreign territory, the government of which may have, or shall by treaty stipulations grant, a free right of way over such territory. (R. S. § 3000.) s - § 5686. Penalty for failure to transport—The Secretary of the Treasury shall prescribe the form of the bond to be given for the transportation of mer- Chandise from a port in One Collection district to a port in another Collection district as provided in the preceding section ; also the time for such deliv- ery ; and for a failure to transport and deliver with- in the time limited any such bonded merchandise to the collector at the designated port, a duty of double the amount to which such merchandise would be lia- ble shall be collected, which duty shall be secured by such bond, or the merchandise may be seized and for- feited for such failure, and any steam or other vessel, or vehicle, transporting such bonded merchandise, the master, owner, or Conductor of which shall fail to de- liver the same to the collector at the designated port, shall be liable to seizure and forfeiture. And the Sec- retary of the Treasury is hereby authorized to remit, in whole or in part, on such conditions, and under Such regulations, not inconsistent with law, as he may prescribe, the additional duty secured by the bond giv- en for the transportation of merchandise from a port in One Collection district to a port in another col- lection district, prescribed by , the preceding section: Provided, That it shall be proved to the satisfaction of the Secretary of the Treasury that the failure to transport and deliver the merchandise aforesaid ac- COrding to the Conditions of the bonds occurred with- Out wilful negligence or fraudulent intent on the part of the obligors. (R. S. § 3001, amended Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5687. Withdrawal for exportation to Mex- ico—Any imported merchandise in the original pack- ages which shall have been duly entered and bonded, in pursuance Of the provisions relating to warehouses, may be withdrawn from warehouse for immediate ex- portation, without payment of duties, to Chihuahua, in Mexico, by the route Of the Arkansas River, through Van Buren, or by the route of the Red River, through Fulton, or by the route of the Missouri River, through Independence, or by Such other routes as Ch. 7A) 3 5695 COLLECTION OF DUTIES UPON IMPORTS [Page 901I may be designated by the Secretary of the Treasury. Any imported merchandise duly entered and bonded at Brownsville, in the district Of Brazos de Santiago, or imported and bonded at any other port of the Lnited States, and transported thence in bond, and duly rewarehoused at Brownsville, may be withdrawn from warehouse for immediate exportation, without payment of duties, to ports and places in Mexico, by land Or Water, Or partly by land and partly by Water, Or by Such routes as may be designated by the Sec- retary of the Treasury. (R. S. § 3002, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5688. Same; through port of Lavaca–Any imported merchandise duly entered and bonded in any port of the United States may be withdrawn from warehouse without payment of duties, for immediate exportation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, through the port of Lavaca, in the Collection-district of Saluria, in the State of Texas, and be transshipped inland, thence to San An- tonio, in that State, and from the latter place to the destinations in Mexico, either by way of Eagle Pass, the Presidio del Norte, or San Elizario, all on the Rio Grande; and the Secretary of the Treasury is hereby authorized to prescribe such regulations, not inconsistent with law, as he may deem proper and necessary, respecting the packing, marking, in- spection, proof of due delivery at their foreign desti- nations of the imports authorized by this and the foregoing section to be exported from Warehouse to ports and places in Mexico, and for the due protec- tion in other respects of the public revenue. (R. S. § 3003, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5689. Same; by Eagle Pass—Imported mer- chandise duly entered and bonded at a port of the TJnited States, and withdrawn from Warehouse in accordance with existing law, for exportation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, may pass through Eagle Pass, the port of entry for the district of Saluria, in Texas, under Such regulations as the Secretary of the Treasury shall prescribe, as well as through the port of LaVaca. (R. S. § 3004, amended, Sept. 25, 1890, c. 917, § 2, 26 Stat. 470.) § 5690. Transportation in bond to foreign countries—All merchandise arriving at any port of the United States destined for any foreign Country may be entered at the custom-house, and COnveyed, in transit, through the territory of the United States, without the payment of duties, under such regulations as to examination and transportation as the Secretary of the Treasury may prescribe. (R. S. § 3005, amend- ed, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247, and May 21, 1900, c. 487, § 1, 31 Stat. 181.) § 5691. Transportation over foreign territory —Imported merchandise in bond, Or duty paid, and products or manufactures of the United States, may, with the consent of the proper authorities of the British provinces or republic of Mexico, be transport- ed from one port in the United States to another port therein, over the territory of such provinces or re- public, by such routes, and under such rules, regula- tions, and conditions as the Secretary of the Treasury may prescribe; and the merchandise so transported shall, upon arrival in the United States from such provinces or republic, be treated in regard to the liability to or exemption from duty, or tax, as if the transportation had taken place entirely within the limits of the United States. (R. S. § 3006.) § 5692. Exemption from fees—Railroad-cars or other vehicles laden With merchandise, Sealed by a customs officer, passing, under the provisions Of the preceding section and the regulations of the Secre- tary of the Treasury, from one port in the United States to another therein, through foreign COntiguous territory, shall be exempt from the payment of any fees for receiving or certifying manifests thereof. (R. S. § 3007.) § 5693. Forfeiture for relanding exported merchandise—No merchandise exported to Mexico or the British North American Provinces shall be Vol- untarily landed or brought into the United States; and any SO landed or brought into the United States shall be forfeited; and the same proceeding shall be had for its Condemnation, and the distribution of the proceeds of the sales, as in other cases of for- feiture of merchandise illegally imported. Every per- . SOn Concerned in the voluntary landing or bringing Such merchandise into the United States shall be liable to a penalty of four hundred dollars. (R. S. § 3008.) § 5694. Bonded privileges for exportations to British Columbia or Northwest Territory—Under rules and regulations to be prescribed by the Secre- tary of the Treasury, the privilege of entering goods, Wares, and merchandise in bond or of placing them in bonded Warehouses at any of the ports in the District of Alaska, and of withdrawing the same for exportation to any place in British Columbia or the Northwest Territory without payment of duty, is hereby granted to the Government of the Dominion Of Canada and its Citizens Or Citizens Of the United States and to persons who have declared—their intera-- tion to become Such whenever and so long as it shall appear to the Satisfaction. Of the President Of the |United States, who shall ascertain and declare the fact by proclamation, that corresponding privileges have been and are being granted by the Government Of the Dominion of Canada in respect of goods, Wares and merchandise passing through the territory of the Dominion of Canada to any point in the District Of Alaska from any point in Said District. (May 14, 1898, c. 299, § 14, 30 Stat. 415.) Chapter Seven A–Immediate Trans- portation in Bond to Inland Ports Sec. 6695. Ports of entry for transportation in bond. 5696. Examination of merchandise for transportation at port of first arrival; appraisal at port of destination. 3697. Carriers; bond. 5698. Transportation in bond. 5699. Cording and sealing packages in unlocked cars. 3700. Transfer directly from vessel to car or other vehicle. 5701. Penalty for breaking or entering. 5702. Ports to which goods may be transported. 5703. Merchandise liable to specific rates of duty. 5704. Transportation of merchandise landed ten days. 5705. Special delivery and appraisement of imported articles of limited value and Weight. 5706. Carriers responsible; return of unclaimed packages. 5707. Merchandise corded and sealed; record. 5708. Consignment to carrier; invoice; delivery. 5709. Special agents in foreign territory. § 5695. Ports of entry for transportation in Thond—When any merchandise, other than eXplosive articles, and articles in bulk not provided for in Sec- tion five of this act, imported at the ports Of New York, Philadelphia, Boston, Baltimore, Portland and Bath, in Maine, Chicago, Dort Huron, Detroit, New Orleans, Norfolk, Newport News, Charleston, Savan- nah, Mobile, Galveston, Pensacola, Florida, Cleveland, Toledo, and San Francisco, shall appear by the invoice or bill of lading and manifest of the importing VeS- sel to be consigned to and destined for either of the ports specified in the seventh section of this act, the collector at the port of arrival shall allow the Said merchandise to be shipped immediately after the entry prescribed in section two of this act has been made. (June 10, 1880, c. 190, § 1, 21 Stat. 173, amend- ed, June 14, 1880, c. 214, 21 Stat. 198, and Act June 20, 1884, c. 103, 23 Stat. 48.) The privileges of this section were extended to addition- al ports, which were continued and made ports of entry with the privileges of the Immediate Transportation Act, as “heretofore existing,” by articles I-III of the Plan of 3 5695 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS |Page 9021 Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1 (§ 5327). The additional ports and the acts extending said privileges to each, were as follows: Alburg, Vt. Act Feb. 24, 1908, c. 36, 35 Stat. 35. Ashtabula, Ohio. Act May 27, 1912, c. 131, 37 stat. 116. Astoria, Or. Act June 5, 1900, c. 714, 31 Stat. 266. Bangor, Me. Act July 21, 1892, c. 215, 27 Stat. 254. Bay City, Mich. Act June 15, 1912, c. 169, 37 Stat. 133. Beecher Falls, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. Blaine, Wash. Act Feb. 23, 1909, c. 171, § 1, 35 Stat. 643. Brownsville, TeX. Act Aug. 17, 1911, c. 23, 37 Stat. 22. Brunswick, Ga. Act Feb. 6, 1907, c. 470, 34 Stat. 880. Buffalo, N. Y. Act May 3, 1906, c. 2078, 34 Stat. 168. Burlington, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. - - Calais, Me. Act June 4, 1900, c. 623, 31 Stat. 266. Chopaka, Wash. Act July 8, 1916, c. 234, 39 Stat. Duluth, Minn. Act Dec. 22, 1892, c. 11, 27 Stat. 408. Eagle Pass, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Eastport, Idaho. Act June 13, 1910, c. 289, 36 Stat. 467. Eastport, Me. Act June 4, 1900, c. 623, 31 Stat. 266. El Paso, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Everett, Wash. Act March 3, 1901, c. 857, 31 Stat. 1437. Fernandina, Fla. Act July 14, 1892, c. 168, 27 Stat. 14. *; Covington, N. Y. Act Aug. 22, 1912, c. 332, 37 Stat. Gladstone, Mich. Act June 29, 1898, c. 536, 30 Stat. 522. Honolulu, Hawaii. Act Feb. 15, 1901, c. 373, 31 Stat. 791. Island Pond, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. Jacksonville, Fla. Act June 16, 1916, c. 154, 39 Stat. Key West, Fla. Res. May 1, 1886, No. 12, 24 Stat. 342. Laredo, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Laurier, Wash. Act July 8, 1916, c. 234, 39 Stat. Los Angeles, Cal. Act March 31, 1892, c. 29, § 3, 27 Stat. 12. Lowelltown (or Holeb), Me. Act May 10, 1912, c. 118, § 1, 37 Stat. 110. Malone, N. Y. Act Feb. 17, 1905, c. 580, 33 Stat. 718. Marquette, Mich. Act April 13, 1892, c. 44, 27 Stat. 16. Miami, Fla. Act Feb. 21, 1899, c. 172, 30 Stat. 839. Milwaukee, Wis. Act Feb. 20, 1901, c. 385, 31 Stat. 799. Neche, N. D. Act June 7, 1912, c. 159, § 2, 37 Stat. 129, section 3 of which authorized the Secretary of the Treasury to withdraw the privileges. Nº. London, Conn. Act June 25, 1910, c. 398, 36 Stat. 828. e Newport, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. Nºgara Falls, N. Y. Act March 2, 1903, c. 982, 32 Stat. 95: Nogales, Ariz. Act April 12, 1900, c. 188, 31 Stat. 75. Northgate, N. D. Act Oct. 6, 1917, c. 80, 40 Stat. 384. Northport, Wash. Act July 8, 1916, c. 234, 39 Stat. Noyes, Minn. Act Aug. 7, 1916, c. 270, 39 Stat. Nyando, N. Y. Act Feb. 24, 1915, c. 55, 38 Stat. 812. Ogdenburg, N. Y. Act April 13, 1892, c. 43, 27 Stat. 16. Pembina, N. D. Act Feb. 23, 1915, c. 44, 38 Stat. 811. Portal, N. D. Act Jan. 22, 1903, c. 197, 32 Stat. 780. Port Arthur, Tex. Act May 23, 1908, c. 187, § 4, 35 Stat. 5 245, Portland, Or. Act May 1, 1886, c. 69, 24 Stat. 16. Port Townsend, Wash. Act May 1, 1886, c. 69, 24 Stat. 16. Providence, R. I. Act July 1, 1914, c. 134, 38 Stat. 453. Ranier, Minn. Act Feb. 27, 1909, c. 226, 35 Stat. 659. Richford, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. Rouses Point, N. Y. Act Feb. 17, 1905, c. 580, 33 Stat. 718. Saint Albans, Vt. R. S. § 2526, as amended, Act June 4, 1897, c. 2, § 1, 30 Stat. 30. Saint John, N. D. Act June 7, 1912, c. 159, § 2, 37 Stat. 129, section 3 of which authorized the Secretary of the Treasury to withdraw the privileges. Saint Vincent, Minn. Act May 23, 1908, c. 187, § 7, 35 Stat. 245. - San Diego, Cal. Act April 26, 1890, c. 159, 26 Stat. 66. Sault Ste. Marie, Mich. Act Feb. 13, 1889, c. 149, 25 Stat. 667. Seattle, Wash. Act March 1, 1889, c. 310, 25 Stat. 750. Act Aug. 28, 1890, c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. sº City, Iowa. Act Sept. 25, 1890, c. 909, § 1, 26 Stat. Sumas, Wash. Act Feb. 23, 1909, c. 171, § 1, 35 Stat. 643. Tacoma, Wash. Act March 1, 1889, c. 310, 25 Stat. 750. Act Aug. 28, 1890, c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. Tampa, Fla. Act April 3, 1890, c. 62, 26 Stat. 34. Texas City, Tex. Act Feb. 17, 1905, c. 582, 33 Stat. 719. Vanceboro, Me. Act. July 21, 1892, c. 215, 27 Stat. 254. Van Buren, Me. Act March 4, 1915, c. 187, 38 Stat. 1219. Walhalla, N. D. Act June 7, 1912, c. 159, § 2, 37 Stat. 129, Section 3 of which authorized the Secretary of the Treasury to withdraw the privileges. Wilmington, N. C. Act Dec. 23, 1902, c. 11, 32 Stat. 760. The ports entitled to the privileges of this section were named in the Treasury Department’s circular of July 1, 1913, as follows: “Ports at which merchandise may be entered for trans- portation to other ports without appraisement under the Act of June 10, 1880. Alburg, Vt. Ashtabula, Ohio. Astoria, Or. Baltimore, Md. Bangor, Me. Bath, Me. Bay City, Mich. Beecher Falls, Vt. Blaine, Wash. Boston, Mass. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Calais, Me. Charleston, S. C. Chicago, Ill. Cleveland, Ohio. Detroit, Mich. Duluth, Minn. Eagle Pass, Tex. Eastport, Idaho. Eastport, Me. El Paso, Tex. Everett, Wash. Fernandina, Fla. Fort Covington, N. Y. Galveston, Tex. Gladstone, Mich. Honolulu, Hawaii. Island Pond, Vt. Key West, Fla. Laredo, Tex. Los Angeles, Cal. Lowelltown (or Holeb), Me. Malone, N. Y. Marquette, Mich. Miami, Fla. Neche, N. D. New London, Conn. New Orleans, La. Newport, Vt. Newport News, Va. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Ogdensburg, N. Y. Pensacola, Fla. Philadelphia, Pa. Port Huron, Mich. Portal, N. D. Port Arthur, Tex. Portland, Me. Portland, Or. Port Townsend, Wash. Ranier, Minn. Richford, Vt. Rochester, N. Y. Rouses Point, N. Y. St. Albans, Vt. St. John, N. D. St. Vincent (Noyes), Minn. San Diego, Cal. San Francisco, Cal. Sault Ste. Marie, Mich. Savannah, Ga. Seattle, Wash. Sioux City, Iowa. Sumas, Wash. Tacoma, Wash. Tampa, Fla. Texas City, Tex. Toledo, Ohio. Vanceboro, Me. Milwaukee, Wis. Walhalla, N. D. Mobile, Ala. Wilmington, N. C.” § 5696. Examination of merehandise for transportation at port of first arrival; apprais- al at port of destination—The collector at the port of first arrival shall retain in his office a permanent record of such merchandise so to be forwarded to the port of destination, and such record shall consist of a copy of the invoice and an entry whereon the duties shall be estimated as closely as possible On the merchandise so shipped, but no oaths shall be requir- ed on the said entry. Such merchandise shall not be subject to appraisement and liquidation of duties at the port of first arrival, but shall undergo such ex- amination as the Secretary Of the Treasury shall deem necessary to verify the invoice; and the same exami- nation and appraisement thereof shall be required and had at the port Of destination as would have been required at the port of first arrival if such merchandise had been entered for consumption or Warehouse at such port. (June 10, 1880, c. 190, § 2, 21 Stat. 173.) § 5697. Carriers; bornd—Such merchandise shall be delivered to and transported by Common carriers, to be designated for this purpose by the Secretary Of the Treasury, and to and by none others; and Such Carriers Shall be responsible to the United States as COmmon Carriers for the Safe delivery Of such merchandise to the collector at the port of its destination; and before any such Carriers shall be permitted to receive and transport any such merchan- dise, they shall become bound to the United States in bonds of such form and amount, and with Such conditions, not inconsistent With law, and Such Se- curity as the Secretary of the Treasury shall require. (June 10, 1880, c. 190, § 3, 21 Stat. 173.) § 5698. Transportation in bond—Merchandise transported under the provisions of this act shall be conveyed in cars, vessels, or vehicles securely faSten- ed with locks or seals, under the exclusive, control of the Officers Of the Customs; and merchandise may also be transported under the provisions of this aCt by express companies on passenger-trains, in safes, “pouches,” and trunks, which shall be of Such Size, character, and description and Secured In Such man- ner as shall be from time to time prescribed by the Secretary; and in cases where merchandise Shall be imported in boxes or packages too large to be in- cluded within the safes, trunks, or “pouches” as pre- scribed, such merchandise may be transported under Ch. 7A) # 5702 COLLECTION OF DUTIICS UPON IMPORTS [Page 903] the provisions of this act by such express Com- panies, “corded and sealed,” in such manner as shall from time to time be prescribed by the Secretary of the Treasury; and “passengers' baggage and effects arriving at any of the ports specified in Section One of this act, which shall appear by the manifest of the importing vessel, or other satisfactory evidence, to be destined to any of the ports Specified in the Seventh section, may also be transported by express companies under the provisions of this act to any of the ports Specified in the seventh section thereof, in such manner and under such rules and regulations as the Secretary of the Treasury may prescribe”; and merchandise such as pig-iron, Spiegle-iron, scrap-iron, iron-Ore, railroad-iron, and similar articles Commonly transported upon platform or flat cars may be trans- ported under the provisions of this act upon Such platform or flat Cars; and the Weight of such mer- chandise so transported shall be ascertained in all Cases before shipment, and ordinary railroad seals Imay be used for such purposes; and inspectors shall be stationed at proper points along the designated l'Outes, Or upon any Car, vessel, vehicle, or train, at the discretion of the Secretary of the Treasury, and at the expense of the companies, respectively. Such Imerchandise shall not be unladen or transshipped be- —tween-the-ports of first arrival and final-destination, unless authorized by the regulations of the Secretary Of the Treasury in cases which may arise from a difference in the gauge of railroads, or “where the route is bonded for both land and water carriage,” Or from accidents, or from legal intervention, or when, by reason of the length of the route, the cars, after due inspection by customs Officers, shall be consider- ed unsafe or unsuitable to proceed further, or from low water, ice, or other unavoidable obstruction to navigation; and in no case shall there be permitted any breaking of the original packages of such mer- Chandise. (June 10, 1880, c. 190, § 5, 21 Stat. 174, amended, July 2, 1884, c. 142, 23 Stat. 63, and Feb. 23, 1887, c. 215, 24 Stat. 411.) § 5699. Cording and sealing packages in un- locked ears—Section five of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable goods without appraisement, be, and the same is hereby, so amended as to allow COmmon Carriers bonded under the pro- Visions Of Said Act, in instances where a Sufficient Quantity Of Such merchandise is not Offered at the port of first arrival to fill an entire car, or compart- Iment thereof, to forward Such merchandise in cars not secured by the prescribed customs fastenings if the packages are Corded and sealed, under regulations to be prescribed by the Secretary of the Treasury; in all other respects the provisions Of the Act refer- red to to remain in full force. (Feb. 2, 1899, c. 84, 30 Stat. 814.) See § 5698. § 5700. Transfer directly from vessel to car or other vehicle—Merchandise SO destined for im- mediate transportation shall be transferred, under proper supervision, directly from the importing ves- Sel to the Car, Vessel, Or Vehicle Specified in the entry provided for in section two of this act. (June 10, 1880, c. 190, § 6, 21 Stat. 174, amended, Act July 2, 1884, c. 142, 23 Stat. 63.) § 57.01. Penality for breaking or entering—Any person maliciously opening, breaking, or entering, by any means Whatever, any Car, vessel, vehicle, ware- house, or package containing any such merchandise so delivered for transportation, or removing, injur- ing, breaking, Or defacing any lock or seal placed up- On such Car, vessel, vehicle, Warehouse, or package, Or aiding, abetting, Or encouraging any other person or persons SO to remove, break, injure, or deface such locks or Seals, Or to Open, break, or enter such car, Vessel, Or vehicle, with intent to remove or Cause to be removed unlawfully any merchandise therein, Or in any manner to injure or deſraud the United States; and any person receiving any merchandise unlawfully removed from any such car, vessel, Or Ve- hicle, knowing it to have been so unlawfully removed, shall be guilty of felony, and in addition to any pen- alties heretofore prescribed shall be punishable by imprisonment for not less than six months nor more than two years. (R. S. § 2998.) § 5702. Ports to which goods may be trans- ported—The privilege of immediate transportation shall extend to the ports of New York and Buffalo, in New York; Burlington, in Vermont; Boston, in Massachusetts; Providence and Newport in Rhode: Island; New Haven, Middletown, Bridgeport, and Hartford in Connecticut; Philadelphia and Pittsburg, in Pennsylvania; Baltimore, Crisfield and Annapolis, in Maryland; Wilmington, and Seaford, in Delaware : Salem, Massachusetts; Georgetown in the District of Columbia; Norfolk, Newport News, Richmond and Petersburgh, in Virginia ; Wilmington and Newberne, in North Carolina; Charleston and Port Royal, in South Carolina ; Savannah and Brunswick, in Geor- gia; New Orleans, in Louisiana; Portland and Bath, in Maine; Portsmouth, in New Hampshire; Chicago, Cairo, Alton, and Quincy, in Illinois; Detroit, Port Huron, and Grand Haven in Michigan ; Saint Louis, Kansas City, and Saint Joseph in Missouri; Saint Paul, in Minnesota; Cincinnati, Cleveland, and TO- ledo, in Ohio; Milwaukee, and La Crosse, in Wis- consin; Louisville, in Kentucky; San Francisco, San Diego and Wilmington in California; Portland, in Oregon; Memphis, Nashville and Knoxville, in Ten- nessee; Mobile, in Alabama ; and Evansville, in In- diana ; and Galveston, Houston, Brownsville, Corpus Christi, and Indianola, in Texas; Omaha, in Nebras. ka ; Dubuque, Burlington and Keokuk, in IOWa; Lea V- enworth, in Kansas; Tampa Bay, Fernandina, Jack- sonville, Cedar Keys, Key West, Saint Augustine, and Apalachicola, in Florida: Provided, That the privi- lege of transportation herein Conferred shall not ex- tend to any place at which there are not the necessary Officers for the appraisement of merchandise and the collection of duties. (June 10, 1880, c. 190, , § 7, 21 Stat. 174, amended, June 20, 1884, c. 103, 23 Stat. 48, Feb. 9, 1887, c. 123, 24 Stat. 392, and June 30, 1892, c. 137, 27 Stat. 61.) The privileges of this section were extended to addi- tional ports which were made ports of entry, with the privileges of the Immediate Transportation Act, as “here- tofore existing,” by articles I–III of the Plan of Reor- ganization of the Customs Service pursuant to the provi- Sions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327, and afterward the privileges were extended to other ports. The ports to which said privileges were extended and the acts providing therefor were as follows: Albany, N. Y. Act Feb. 19, 1890, c. 14, 26 Stat. 8. Astoria, Or. Act June 5, 1900, c. 714, 31 Stat. 266. Atlanta, Ga. Act Feb. 28, 1881, c. 92, 21 Stat. 373. Bangor, Me. Act July 21, 1892, c. 215, 27 Stat. 254. Bay City, Mich. Act March 4, 1915, c. 157, 38 Stat. 1186. Bellingham, Wash. Act Jan. 25, 1907, c. 399, 34 Stat. 864. Birmingham, Ala. Act March 3, 1911, c. 228, 36 Stat. 1086. Calais, Me. Act June 4, 1900, c. 623, 31 Stat. 266. Chattanooga, Tenn. Act Feb. 11, 1908, c. 20, 35 Stat 7. Columbus, Ohio. Act Feb. 9, 1889, c. 121, 25 Stat. 658. Corry, Pa.. Act March 3, 1909, c. 26.1, 35 Stat. 780. Dallas, Tex. Act Sept. 18, 1913, c. 13, 38 Stat. 112. Dayton, Ohio. Act April 12, 1904, c. 1246, 33 Stat. 171. Denver, Colo. Act March 6, 1882, c. 25, 22 Stat. 13. Des Moines, Iowa. Act April 7, 1892, c. 37, § 1, 27 Stat. 14 Duluth, Minn. R. S. § 2595, as amended, Act May 2, 1888, c. 227, 25 Stat. 134. Dunkirk, N. Y. Act July 27, 1892, c. 264, 27 Stat. 273. Eagle Pass, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Eastport, Me. Act June 4, 1900, c. 623, 31 Stat. 266. El Paso, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Erie, Pa. Act June 11, 1896, c. 418, 29 Stat. 393 Everett, Wash. Act March 3, 1901, c. 857, 31 Stat. 1437. Fall River, Mass. Act March 3, 1901, c. 837, 31 Stat. 1087. Gladstone, Mich. Act June 29, 1898, c. 536, 30 Stat. 522. Gloucester, Mass. Act March 1, 1905, c. 1300, 33 Stat. 822. Grand Rapids, Mich. Act June 4, 1888, c. 341, 25 Stat. 166. Green Bay, Wis. Act April 18, 1900, c. 246, 31 Stat. 137. Greenwich, Conn. Act, Feb. 24, 1908, c. 35, 35 Stat. 35. Honolulu, Hawaii. Act Feb. 15, 1901, c. 373, 31 Stat. 791. Indianapolis, Ind. Act March 3, 1881, c. 156, 21 tat. 512. Ransas City, Mo. Act Aug. 3, 1882, c. 377, 22 Stat. 215. Pºey West, Fla. Res. May 1, 1886, No. 12, 24 Stat. 342. Rnoxville, Tenn. Act April 21, 1898, c. 186, 30 Stat. 361. Laredo, Tex. Act April 12, 1900, c. 188, 31 Stat. 75. Lincoln, Neb. Act Oct. 19, 1888, c. 1209, 25 Stat. 565. & 5702 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 904] Iº. Angeles, Cal. Act March 31, 1892, c. 29, § 3, 27 Stat. Marquette, Mich. Act April 13, 1892, c. 44, 27 Stat. 16. Mºneapolis, Minn. Act March 8, 1890, c. 29, § 1, 26 Stat. Nashville, Tenn. Act Feb. 21, 1891, c. 251, 26 Stat. 766. Newark, N. J. Act March 8, 1892, c. 11, 27 Stat. 5. Nº. Bedford, Mass. Act Feb. 20, 1901, c. 383, 31 Stat. Nigara Falls, N. Y. Act March 2, 1903, c. 982, 32 Stat. Nogales, Ariz. Act April 12, 1900, c. 188, 31 Stat. 75. Norwalk, Conn. Act Feb. 24, 1908, c. 35, 35 Stat. 35. Noyes, Minn. Act Aug. 7, 1916, c. 270, 39 Stat. Oakland, Cal. Act Aug. 11, 1894, c. 256, 28 Stat. 277. Ogdensburg, N. Y. Act April 13, 1892, c. 43, 27 Stat. 16. Oswego, N. Y. Act May 23, 1906, c. 2553, 34 Stat. 199. Peoria, III. Act April 27, 1904, c. 1627, 33 Stat. 362. Perth Amboy, N. J. Act Oct. 3, 1913, c. 20, 38 Stat. 204. Petoskey, Mich. Act May 23, 1908, c. 187, § 6, 35 Stat. 245. Port Arthur, Tex. Act April 6, 1908, c. 135, 35 Stat. 58. Port Townsend, Wash. Act May 1, 1886, c. 69, 24 Stat. 16. Sabine, Tex. Act June 19, 1906, c. 3436, § 3, 34 Stat. 303. Saginaw, Mich. Act Feb. 11, 1901, c. 351, 31 Stat. 766. Saint Joseph, Mo. Act Aug. 3, 1882, c. 377, 22 Stat. 215. Salt º City, Utah. Act March 18, 1904, c. 715, § 1, 33 Stat. 85. San Antonio, Tex. Act April 19, 1890, c. 101, 26 Stat. 58. Sandusky, Ohio. Act Feb. 26, 1892, c. 10, 27 Stat. 4. Sault Ste. Marie, Mich. Act Feb. 13, 1889, c. 149, 25 Stat. 667. + Seattle, Wash. Act March 1, 1889, c. 310, 25 Stat. 750. Act Aug. 28, 1890, c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. Sioux City, Iowa. Act Sept. 25, 1890, c. 909, 26 Stat. 466. sº Mºnchester, Conn. Act March 23, 1900, c. 89, 31 Stat. 50. Spokane, Wash. Act May 3, 1906, c. 2079, 34 Stat. 168. Springfield, Mass. Act Sept. 25, 1890, c. 912, 26 Stat. 467. Stamford, Conn. Act Feb. 24, 1908, c. 35, 35 Stat. 35. Superior, Wis. Act June 29, 1906, c. 3625, 34 Stat. 631. Syl'acuse, N. Y. Act May 18, 1896, c. 191, 29 Stat. 121. Tacoma, Wash. Act, March 1, 1889, c. 310, 25 Stat. 750. Act Aug. 28, 1890, c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. Tampa, Fla. Res. May 1, 1886, No. 12, 24 Stat. 342. Utica, N. Y. Act March 24, 1904, c. 815, 33 Stat. 145. Lincoln, Neb. Los Angeles, Cal. Louisville, Ky. Marquette, Mich. Memphis, Tenn. Middletown, Conn.” Milwaukee, Wis. Minneapolis, Minn. Mobile, Ala. Nashville, Tenn. Newark, N. J. New Bedford, Mass. New Haven, Conn. New Orleans, La. Newport, R. I. Newport News, Va. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Norwalk, Conn.” Oakland, Cal. Ogdensburg, N. Y. Omaha, Neb. Oswego, N. Y. Peoria, Ill. Petersburg, Va. Philadelphia, Pa. Pittsburgh, Pa. Port Arthur, Tex. Port Huron, Mich. Portland, Me. Portland, Or. Portsmouth, N. H. § 57.03. Port Townsend, Wash. Providence, R. I. Richmond, Va., Rochester, N. Y. St. Augustine, Fla. St. Joseph, Mo. St. Louis, Mo. St. Paul, Minn. Sabine Pass, Tex. Saginaw, Mich. Salt Lake City, Utah. San Antonio, Tex. San Diego, Cal. Sandusky, Ohio. San Francisco, Cal. Sault Ste. Marie, Mich. Savannah, Ga. Seattle, Wash. Sioux City, Iowa. South Manchester, Conn.” Spokane, Wash. Springfield, Mass. Stamford, Conn.” Superior, Wis. Syracuse, N. Y. Tacoma, Wash. Tampa, Fla. Toledo, Ohio. TJtica, N. Y. Vanceboro, Me. Washington, D. C. Wilmington, Del. Wilmington, N. C. Worcester, Mass.” Merchandise liable to specific rates of duty—The provisions of the act entitled “An act to amend the statutes in relation to the immediate transportation of dutiable goods, and for other pur- poses,” approved June tenth eighteen hundred and eighty, be, and the same are hereby, SO amended as to allow merchandise liable to specific rates of duty only to be entered for immediate transportation without appraisement to any Of the ports mentioned in the Seventh section of said act, although the same may not appear by the invoice, bill of lading, or manifest Of the importing vessel to be consigned to Or destined for either of said ports, when the Consignee at the port of first arrival shall make written application there- for to the Collector, giving the name of the person at the port or destination to whom he desires the mer- chandise to be consigned; and Whenever Such applica- tion and entry shall be made, the Original in Voice pre- sented by the consignee at the port of first arrival shall be forwarded, with a copy of the transporta- tion entry, to the collector at the port of destination ; and a copy of such invoice shall be retained on file at the port of first arrival. The original invoice so for- warded shall be treated as the Only invoice of the merchandise upon Which entry Shall be made at the port of destination, and the person making such en- try shall be held responsible for the statements Con- tained therein in the same manner as if the merchart- dise had been Originally Consigned to him: Provid- ed, however, That the privileges herein conferred shall not extend to any merchandise the duties upon which, Or any portion thereof, depend upon the value of Such merchandise: And provided further, That such privi- lege shall be granted Only in Cases where no part of - - the merchandise shall have been landed prior to en- Bºº tº Vt. §::::::::. *. try for immediate transportation as aforesaid. (Feb. Charleston, S. C. Grand Haven, Mich. | 23, 1887, c. 218, 24 Stat. 414.) gº Tenn. gº Mich. § #o * *. Bºi. £ handise land - - • ,---- - ºv : - e ºr a º ransportation o Ille PC. A.33, ºld liSe 'la, iT Di- §. º: #ºn. ed ten days—No merchandise shall be shipped under gº.ohio. Hºwaii. the º * . º: jºr .*.*.*. *...* * 2 - • * ~~~~ Shall have been landed ten days from the importing gº º , Iowa. Fº #. vessel, and merchandise not entered within such time Denver, Colo. Ransas City, Mo. Shall be sent to a bonded Warehouse by the Collec- tor as unclaimed, and held until regularly entered and appraised. (June 10, 1880, c. 190, § 9, 21 Stat. 175.) Des Moines, Iowa. Rey West, Fla. Detroit, Mich. P:CInoxville, Tenn. Dubuque, IOWa. Laredo, Tex. 1 Merchandise should be consigned on I. T. entry and manifests delivered to deputy collector of customs at Erie, Who will permit delivery under article IX of reorganization. 2 Merchandise should be consigned on I. T. entry and manifests delivered to collector of customs at Omaha, Neb., Who will permit delivery under article IX of reorganization. - 8 Merchandise should be consigned on I. T. entry and manifests delivered to collector of customs at headquarters port, who will permit delivery under article IX of reorganization. 4 Merchandise should be consigned on I. T. entry and manifests delivered to deputy collector of customs at Hartford, who will permit delivery under article IX of reorganization. Van Buren, Me. Act March 4, 1915, c. 187, 38 Stat. 1219. Vanceboro, Me. Act July 21, 1892, c. 215, 27 Stat. 254. "Winston-Salem, N. C. Act June 16, 1916, c. 157, 39 Stat. ‘Worcester, Mass. Act June 6, 1900, c. 818, 31 Stat. 682. (Georgetown, in the District of Columbia, mentioned in this section, was incorporated in and made a part of the city of Washington. Eagle Pass was made a port of entry in place of Indianola, mentioned in this section, by Act Sept. 25, 1890, c. 917, § 2, 26 Stat. 470. The port of Wil- mington, Cal., mentioned in this section, was abolished by Act March 31, 1892, c. 29, § 4, 27 Stat. 12, and the ports of Seaford, Port Royal, Alton, Quincy, La Crosse, Burling- ton, Keokuk, and Leavenworth were abolished by the Plan of Reorganization of the Custom Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. The ports entitled to the privileges of this section were named in the Treasury Department’s Circular of July 1, 1913, as follows: “Ports to which merchandise may be transported with- out appraisement under the Act of June 10, 1880. Albany, N. Y. Duluth, Minn. Astoria, Or. Dunkirk, N. Y. Atlanta, Ga. Durham, N. C.” Baltimore, Md. Eagle Pass, Tex. Bangor, Me. Eastport, Me. Bath, Me. El Paso, Tex. Bellingham, Wash. IErie, Pa. Birmingham, Ala. Evansville, Ind. Boston, Mass. Everett, Wash. Bridgeport, Conn. Fall River, Mass. Brunswick, Ga. Fernandina, Fla. Buffalo, N. Y. Galveston, TeX. Ch. 8) # 5712 COLLECTION OF DUTIES UPON IMPORTS [Page 905] § 5705. Special delivery and appraisement of imported articles of limited value and weight— Articles, not merchandise intended for sale, not ex- Ceeding five hundred dollars in value, imported in packages not exceeding one hundred pounds in weight, in Vessels of the United States, may be specially de- livered to and appraised at the public stores, and the entry thereof liquidated by the collector under such regulations as the Secretary Of the Treasury may pre- SCribe, and after such appraisement and liquidation may be delivered, upon payment of the liquidated duties under the bond provided for in this Act, to ex- preSS Companies or other duly incorporated inland Carriers bonded for the transportation of appraised Or unappraised merchandise between the several ports in the United States: Provided, That not more than One Such consignment to One ultimate consignee from the same consignor shall be imported in any one ves- Sel: And provided, That the Original appraisement Of and liquidation of duties on such importations shall be final against the owner, importer, agent, Or Con- Signee, except in the Case of manifest clerical errors, as provided for in section twenty-four of the Act of June tenth, eighteen hundred and ninety: Pirovided, That nothing contained in this Act shall apply to ex- ploSiVes, Or any article the importation Of Which is - prohibited—by-law. -(June 8, 1896, c. 371, § 1, 29 Stat. 263.) See § 5718. § 5706. Carriers responsible; return of un- claimed packages—Such express companies or Other inland carriers shall be responsible to the United States under bond for the safe delivery of such ar- ticles to the ultimate Consignee: Provided, That if any package shall not be delivered to the ultimate COn- signee by the express Company or other inland Carrier, and shall be returned to the Collector Of the port Where Such articles are entered under the provisions Of this Act within ninety days from the date Of im- portation intact, the collector shall take charge of such package and dispose of it as unclaimed merchan- dise, and the duties, including additional duties, if any, under Section Seven Of the Act of June tenth, eighteen hundred and ninety, paid shall be refunded by the Secretary Of the Treasury Out Of any moneys in the Treasury not Otherwise appropriated ; and the express Company or other inland Carriers shall be re- lieved of any liability therefor under its bond; and before any express COmpany Or Other inland Carrier shall be permitted to receive and transport any such articles they shall beCOme bound to the United States in such bonds, in such form and amount, and with such Conditions not in COnsistent With law as the Sec- retary of the Treasury may require. (June 8, 1896, c. 371, § 2, 29 Stat. 263.) g See § 5527. § 5707. Merchandise corded and sealed; rec- ord—Articles transported under the provisions Of this Act shall be COrded and sealed in such manner as shall from time to time be prescribed by the Secre- tary of the Treasury; and the collector of the port of first arrival shall retain in his office a permanent record of such merchandise so forwarded. (June 8, 1896, c. 371, § 3, 29 Stat. 263.) § 5708. Consignment to carrier; invoice; de- livery—Such packages may be consigned to and en- tered by the agents Of the express Company Or other inland Carrier Or Steamship Company, who shall at the time of entry state the ultimate consignee, and in all cases where a certified or other invoice is now re- quired by law. Such invoice may be attached to or in- Closed in the package, under Such regulations as the Secretary of the Treasury may prescribe; and the delivery of such articles to the express company or Other inland Carrier shall not be delayed because of the nonarrival of the triplicate invoice, but the ulti- mate consignee shall be liable for any increased duty found due on reliquidation, if any, after receipt of Said merchandise from the express company or other inland Carrier or steamship company making entry under this Act; and the provisions of section twen- ty-eight hundred and fifty-seven, Revised Statutes, Shall not apply to importations under this Act. (June 8, 1896, c. 371, § 4, 29 Stat. 263.) § 5709. Special agents in foreign territory— For the purpose of better guarding against frauds upon the revenue on foreign merchandise transported between the ports of the Atlantic and those of the Pacific Overland through any foreign territory, the Secretary of the Treasury may appoint special sworn agentS as inspectors of the customs, to reside in Such foreign territory where such merchandise may be landed Or embarked, with power to superintend the landing or Shipping of all merchandise, passing coast- Wise between the ports of the United States On the Pacific and the Atlantic. It shall be their duty, un- der such regulations and instructions as the Secre- tary of the Treasury may prescribe, to guard against the perpetration of frauds upon the revenue. The COImpensation paid to such inspectors shall not in the aggregate exceed five thousand dollars per annum. (R. S. § 2999.) R. S. § 2857, is § 5543. see. Chapter Eight—Payment Sec 5710. Duties, how payable. 5711. Certified checkS. 5712. Same; receivable for all public dues. 5713. Disposal of moneys’ paid under protest. 5714. Settlements conclusive. - 5715. Refunding duties paid. 5716. Regulations. 5717. Reports to Congress; appeals to Supreme Court. 5718. Refunding overpayments; correction of errors. 5719. Judgments, how payable. § 57 10. Duties, how payable—All duties upon imports shall be collected in ready money, and shall be paid in coin or coin certificates or in United States notes, payable on demand, authorized to be issued prior to the twenty-fifth day of February, One thou- sand eight hundred and sixty-two, and by law receiv- able in payment of public dues. (R. S. § 3009, amend- ed Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5711. Certified checks—It shall be lawful for Collectors Of customs and Of internal revenue to re- Ceive for duties On imports and internal taxes Cer- tified checks drawn. On national and State banks, and trust companies during such time and under Such regulations as the Secretary of the Treasury may prescribe. No person, however, who may be indebted to the United States On account Of duties On imports or internal taxes who shall have tendered a Certified check or checks as provisional payment for Such du- | ties Or taxes, in a CCOrdance with the terms Of this Act, Shall be released from the Obligation to make ultimate payment thereof until Such Certified check so received has been duly paid ; and if any such check so received is not duly paid by the bank on which it is drawn and SO Certifying, the United States shall, in addition to its right to exact pay- ment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets Of Such bank; and such amount shall be paid Out Of its assets in preference to any Or all other, claims whatsoever against said bank, except the necessary costs and expenses of administration and the reimbursement Of the United States for the amount expended in the redemption of the Circu- lating notes of such bank. (March 2, 1911, e. 191, § 1, 36 Stat. 965.) § 5712. Same; receivable for all public dues— It shall be lawful for collecting officers to receive Certified checks drawn on national and State banks and trust companies, during such time and under Such regulations as the Secretary of the Treasury may prescribe, in payment for duties on imports, internal taxes, and all public dues, including special Customs deposits; and the Act of March second, nineteen hun- & 5713 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 906] dred and eleven, entitled “An Act to authorize the receipt Of certified Checks for duties on imports and internal taxes,” is hereby amended accordingly. (March 3, 1913, c. 119, 37 Stat. 733.) § 5713. Disposal of moneys paid under pro- test—All money paid to any Collector Of the customs, Or to any person acting as such, for unascertained duties or for duties paid under protest against the rate Or amount of duties charged, shall be placed to the Credit Of the Treasurer Of the United States, and Shall not be held by the collector, or person act- ing as such, to await any ascertainment of duties, or the result of any litigation in relation to the rate or amount of duty legally chargeable and collectible in any case where money is so paid. (R. S. § 3010.) (R. S. §§ 3011—3013. Repealed.) R. S. § 3011, provided that any person having made pay- ment, under protest, in Order to obtain possession of mer- chandise imported for him to any collector, of any money as duties, when such amount of duties was not wholly all- thorized by law, might maintain an action, in the nature of an action at law, which should be triable by jury, to ascertain the validity of the payment of duties and to re- cover back any excess so paid; but that no recovery should be allowed in such action unless a protest in Writ- ing, signed by the claimant or his agent, was made and delivered at or before the payment, setting forth distinctly and specifically the grounds of objection to the amount claimed. It was amended by striking out the provision re- lating to the making and delivery of the written protest, and by inserting a provision that an appeal should be tak- en as prescribed in section 2931, by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 247. R. S. § 3012, provided that no suit should be maintained for the recovery of duties alleged to have been erroneously or illegally exacted by collectors, unless plaintiff, within 30 days after notice of appearance of de- fendant, served a bill of particulars of plaintiff’s demand, giving prescribed particulars; and it directed that, if the bill of particulars should not be served, judgment should be rendered against plaintiff. R. S. § 3012%, provided that when it should be shown to the satisfaction of the Secre- tary of the Treasury that in case of unascertained duties, or duties or other moneys paid under protest, and appeal, as before provided, more money had been paid to the col- lector than the law required, the said Secretary should draw his warrant upon the Treasurer in favor of the per- son entitled to the overpayment, directing the Treasurer to refund the same out of any money not otherwise appro- priated. R. S. § 3013, provided that when it should be shown to the satisfaction of the Secretary of the Treas- ury that more money had been paid to the collector than the law required, and the party had failed to comply with the requirement relating to appeals to the Secretary, and the Secretary should be satisfied that such non-compliance was owing to circumstances beyond the control of the im- porter, consignee, or agent making such payment, he might draw his warrant upon the Treasurer in favor of the person entitled to the overpayment, directing the Treasurer to refund the same out of any money not other- wise appropriated. They were repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141. § 5714. Settlements conclusive—Whenever any goods, wares, and merchandise shall have been en- tered and passed free of duty, and whenever duties upon any imported goods, wares, and merchandise shall have been liquidated and paid, and Such goods, wares, and merchandise shall have been delivered to . the Owner, importer, agent, or consignee, such entry and passage free of duty and such settlement of duties shall, after the expiration of one year from the time of entry, in the absence of fraud and in the absence of protest by the Owner, importer, agent, or Consignee, be final and conclusive upon all parties. (June 22, 1874, c. 391, § 21, 18 Stat. 190.) § 5715. Refunding duties paid—No moneys col- lected as duties On imports, in a CCordance. With any decision, ruling, or direction previously made or given by the Secretary of the Treasury, shall, except as hereinafter provided, be refunded or repaid, unless in accordance with the judgment of a circuit or dis- trict court of the United States giving construction to the law, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States; or unless in pursuance. of a special appropriation for the particular refund or repayment to be made: Provided, That whenever the Secretary shall be of opinion that such duties have been assessed and collected under an erroneous View of the facts in the case, he may authorize a re- examination and reliquidation in such case, and make Such refund in accordance with existing laws as the facts So ascertained shall, in his opinion, justify; but no Such reliquidation shall be allowed unless protest and appeal shall have been made as required by law: Provided further, That the restrictive provi- Sions Of this act shall not apply to such personal and household effects and other articles, not merchandise, as are by law exempt from duty: And provided also, That this act shall not affect the refund of excess of deposits based on estimated duties nor prevent the COrrection of errors in liquidation, whether for or against the Government, arising solely upon errors Of fact discovered within One year from the date of payment, and, When in favor Of the Government, brought to the notice of the collector within ten days from the date of discovery. (March 3, 1875, c. 136, § 1, 18 Stat. 469.) § 5716. Regulations—The Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be necessary to carry this act into effect. (March 3, 1875, c. 136, § 3, 18 Stat. 469.) - § 5717. Reports to Congress; appeals to Su- preme Court—The Secretary of the Treasury shall, in his annual report to Congress, give a detailed Statement Of the various sums of money refunded under the provisions of this act or of any other act Of Congress relating to the revenue, together with Copies of the rulings under which repayments were made: Provided, That in all cases where the Sec- retary Of the Treasury shall so request the Attorney- General shall take an appeal to the Supreme Court. (March 3, 1875, c. 136, § 4, 18 Stat. 469.) § 5718. Refunding over paymexits; correction of errors—Y. Whenever it shall be shown to the satisfaction of the Secretary of the Treasury that, in any Case of unascertained Or estimated duties, Or payments made upon appeal, more money has been paid to Or deposited with a collector of Customs than, as has been ascertained by final liquidation thereof, the law required to be paid or deposited, the Secretary of the Treasury shall direct the Treas- urer to refund and pay the same out of any money in the Treasury not otherwise appropriated. The necessary moneys therefor are hereby appropriated, and this appropriation shall be deemed a permanent indefinite appropriation ; and the Secretary of the Treasury is hereby authorized to correct manifest clerical errors in any entry or liquidation for or against the United States, at any time within One year of the date of stich entry, but not afterwards: Provided, That the Secretary of the Treasury shall, in his annual report to Congress, give a detailed statement of the various sums of money refunded under the provisions of this Act or of any other Act of Congress relating to the revenue, together with copies of the rulings under which repayments were made. (Oct. 3, 1913, c. 16, § III, Y. 38 Stat. 191.) § 5719. Judgments, how payable—In all pro- ceedings brought by the United States in any court for due recovery as well of duties upon imports alone as of penalties for the non-payment thereof, the judgment shall recite that the same is rendered for duties, and Such judgment, interest, and costs shall be payable in the coin by law receivable for duties, and the execution issued. On Such judgment shall set forth that the recovery is for duties, and shall re- quire the marshal to satisfy the same in the coin by law receivable for duties; and in case of levy upon and sale of the property of the judgment debtor, the marshal shall refuse payment from any purchaser at such sale in any other money than that Specified in the execution. (R. S. § 3014.) Ch. 9) 3 5724 COLLECTION OF DUTIES UPON IMPORTS [Page 907I Chapter Nine–Drawback Allowance of drawback. Same; restrictions on. Limitation of time for exportation. Exportation of drugs. Articles made from imported materials; toilet preparations; vessels. Railroad-iron. Salt for curing fish. Duty on gaugeable merchandise. Duty on weighable articles. After removal from custody. Discriminating duties. Exportation in same package. Change from casks. Change of package. Notice of change. Deposit of invoice. Comparison with invoice. Appraisement when duty ad valorem. Inspection and lading. Transportation to another district for exportation. Extension of time for entry. Debentures, to whom payable. Suit on refusal of payment. Debentures assignable. Exportation from another district. Refusal of debenture. Bond for delivery of merchandise at foreign port. Discharge of bond. Consul’s certificate. Consul’s fee. Other proof. Appropriation for payment of debentures. T Relanding goods. Same; false entry. No forfeiture for accident or mistake. Exportation and transportation of bonded goods not pre- Vented. e Importations from British North America. Transportation to ports in British North America. Exportation to British North America. Regulations. § 5% 20. Allowance of drawback—A drawback of duties, as prescribed by law, shall be allowed and paid on all merchandise imported into the United States, in respect to all Such merchandise as shall be exported to any foreign port other than the do- minions of any foreign State immediately adjoining to the United States, either from the district of origi- nal importation, or from certain other districts ; and all duties, drawbacks, and allowances which shall be payable, or allowable, on any specific quantity Of merchandise, shall be deemed to apply in propor- tion to any greater or less quantity, except as here- in Otherwise provided. (R. S. § 3015.) § 5721. Same; restrictiong on—No merchandise imported shall be entitled to a drawback of the duties paid, unless the duties so paid shall amount to fifty dollars at least; nor unless they shall be exported in the original casks, cases, chests, boxes, trunks, or other packages, in which they were im- ported, without diminution or change of the articles which were theroin contained, at the time of im- portation, in quantity, quality, or value, necessary Or unavoidable wastage or damage Only excepted. (R. S. § 3016.) § 5722. Limitation of time for exportation— No drawback Of the duties shall be allowed On mer- Chandise entitled to dobenture under existing laws, unless such merchandise Shall be exported from the TJnited States within three years from the date of the importation of the same. One per Centum. On the amount Of all drawbacks allowed shall be re- tained for the use of the United States by the Col- lectors paying such drawbacks, respectively. (R. S. § 3017.) § 5723. Exportation of drugs—All drugs, medi- cines, and chemical preparations entered for expor- tation and deposited in Warehouse or public store, may be exported by the owner thereof in the original package, or otherwise, subject to such regulations as shall be prescribed by the Secretary of the Treasury. (R. S. § 3018.) (R. S. §§ 3019, 3020. Superseded.) R. S. § 3019, was as follows: “There shall be allowed on all articles wholly manufactured of materials import- ed, on which duties have been paid when exported, a Sec. 5720. 5721. 5722. 5723. 5724. 5725. 5726. 5727. 5728. 5729. 5730. 5731. 5732. medicinal or drawback equal in amount to the duty paid on such ma- terials, and no more, to be ascertained under such regu- lations as shall be prescribed by the Secretary of the Treasury. Ten per centum on the amount of all draw.” backs so allowed shall, however, be retained for the use of the United States by the collectors paying such draw- backs respectively.” R. S. § 3020, as originally enacted, Was as follows: “Where fire-arms, scales, balances, shov- els, Spades, axes, hatchets, hamlners, plows, cultivators, mowing-machines, and reapers, manufactured with stocks or handles made of wood grown in the United States, are exported for benefit of drawback under the preceding sec- tion, such articles shall be entitled to such drawback in all cases when the imported material exceeds one-half of the value of the material used.” The words “And where cans manufactured in whole or in part of imported mate- rial, filled with products grown or produced in the United States, are exported for benefit of such drawback, the same shall, in all cases, be entitled to the drawback pro- vided for in the preceding section where the imported ma– terial used in the manufacture of such cans shall equal seventy per centum of the value of all the material used in the manufacture thereof,” were added thereto by amendment by Act March 10, 1880, c. 37, 21 Stat. 67. These sections and the amendatory act were Superseded by pro- visions of the same nature made by the UnderWood Tariff Act of Oct. 3, 1913, c. 16, § IV, O (§ 5724.) § 5724. Artiełes made from imported mate- rials; medicinal or toilet preparations; vessels- O. Upon the exportation of articles manufactured or produced in the United States by the use of imported merchandise or materials upon which customs duties have been paid, the full amount of such duties paid upon the quantity of materials used in the manufac-T ture or production of the exported product shall be refunded as drawback, less 1 per centum of Such du- ties: Provided, That where a principal product and a by-product result from the manipulation of import- ed material and only the by-product is exported, the proportion of the drawback distributed to such by- product shall not exceed the duty assessable Under this Act on a similar by-product of foreign Origin if imported into the United States. Where no duty is a S- sessable upon the importation of a COI’responding by- product, no drawback shall be payable on such by- product produced from the imported material; if, however, the principal product is exported, then on the exportation thereof there shall be refunded as drawback the Whole of the duty paid on the imported material used in the production of both the principal and the by-product, less 1 per Cent, as hereinbefore provided : Provided further, That when the articles exported are manufactured in part from domestic materials, the imported materials Or the parts of the articles manufactured from such materials, shall SO appear in the Completed articles that the quantity or measure thereof may be ascertained: And provided further, That the drawback on any article allowed under existing law shall be continued at the rate herein provided. That the imported materials used in the manufacture or production of articles entitled to drawback Of Customs duties when exported Shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of Such materials used and the amount of duties paid thereon Shall be ascertained, the facts of the manu- facture or production of Such articles in the United States and their exportation therefrom shall be de- termined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent Of either or to the person to whom such manu- facturer, producer, exporter, or agent shall in writing Order Such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe. On the exportation of flavoring extracts, medicinal or toilet preparations (including perfumery) hereafter manufactured Or produced in the United States in part from domestic alcohol. On which an internal- revenue tax has been paid, there shall be allowed a drawback equal in amount to the tax found to have been paid On the alcohol so used : Provided, That no Other than domestic tax-paid alcohol shall have been used in the manufacture or production of such prep- arations. Such drawback shall be determined and paid under Such rules and regulations, and upon the 3 5724 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 908I filing of such notices, bonds, bills of lading, and other evidence of payment of tax and exportation, as the Secretary of the Treasury shall prescribe. The provisions of this section shall apply to ma- terials used in the construction and equipment of Ves- sels built for foreign account and ownership, or for the government of any foreign country, notwithStand- ing that such vessels may not within the strict mean- ing of the term be articles exported. (Oct. 3, 1913, c. 16, § IV, O, 38 Stat. 200.) § 5725. Railroad-iron—Railroad-iron, partially or wholly worn, may be imported into the United States without payment of duty, under bond to be withdrawn and exported after Such railroad-iron Shall have been repaired or remanufactured. The Secretary of the Treasury is hereby authorized and directed to prescribe such rules and regulations as may be nec- eSSary to protect the revenue against fraud, and Se- cure the identity, character, and weight of all such importations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry where imported, and also limiting all bonds to a period of time Of not more than Six months from the date of the importation. (R. S. § 3021.) § 5726. Salt for curing fish—Imported salt in bond may be used in curing fish, taken by vessels li- Censed to engage in the fisheries, under Such regula- tions as the Secretary of the Treasury shall prescribe; and upon proof that the Salt has been used in Curing fish, the duties on the same shall be remitted. (R. S. § 3022.) § 5727. Duty on gaugeable merehandise—Up- On all merchandise gaugeable by law, hereafter ex- ported, upon which drawback or return duty is al- lowed, and upon all merchandise gaugeable by law, withdrawn from bonded warehouses for export, there Shall be Collected by the collectors of the Several ports ten cents per cask. (R. S. § 3023.) § 5728. Duty on weighable articles—Upon all Weighable articles hereafter exported, upon which a drawback or return duty is allowed, and upon all Weighable merchandise withdrawn from bonded ware- houses for export, there shall be collected by the col- lectors of the several ports three cents per hundred pounds, to be determined by the returns of the weigh- ers. (R. S. § 3024.) § 5729. After removal from custody—No re- turn of the duties shall be allowed on the export of any merChandise after it has been removed from the custody and control of the Government, except in the Cases proVided in Sections three thousand and nine- teen, three thousand and twenty, three thousand and twenty-two, and three thousand and twenty-six. (R. S. § 3025.) * . (R. S. § 3026. Superseded.) This section provided for a drawback on foreign salt- peter, manufactured into gunpowder. It was superseded by provisions for drawback on articles made wholly or in part from imported materials made by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, O (§ 5724). § 5730. Discriminating duties—No part of the additional or discriminating duty imposed by law on merchandise On account Of its importation in for- eign vessels shall be allowed to be drawback, but the whole shall be retained. (R. S. § 3027.) § 5731. Exportation in saxme package—Where articles are imported in bulk they shall be exported in the packages, if any, in which they were landed ; for which purpose the Officer delivering the same shall return the packages they may be put into, if any, With their marks and numbers, and they shall not be en- titled to drawback, unless exported in such packages, which shall be deemed the packages of Original im- portation, nor unless they fully agree with the re- turn made by the officer. (R. S. § 3028.) § 5732. Change from casks—It shall be lawful for the exporter of any liquors in Casks, or any un- refined sugars, to fill up the casks or packages Out of other casks or packages included in the same Orig- ervation thereof. named in such notice and entry. inal importation, or into fiew casks or packages Cor- responding there with, to be marked and numbered as the Original casks or packages, in case the original Casks or packages shall, in the opinion of the officer appointed to examine the same, be so injured as to be rendered unfit for exportation, and in no other Case. The filling up or change of package must, how- ever, be done under the inspection of a proper Officer, appointed for that purpose by the collector and naval officer, where any, of the port from which such liq- uOrS or unrefined Sugars are intended to be exported ; and the drawback on articles so filled up, or of which the packages have been changed, shall not be allowed without such inspection. (R. S. § 3029.) § 5733. Change of package—When the owner, importer, consignee, or agent, of any merchandise en- titled to debenture, may wish to transfer the same into packages, other than those in which the mer- Chandise was originally imported, the collector of the port Where the same may be shall permit the trans- fer to be made, if necessary for the safety or pres- (R. S. § 3030.) § 5734. Notice of change—Due notice of the Wish to make such transfer, in writing, setting forth Sufficient cause for the transfer, shall be given to the Collector, who shall appoint an inspector of the reve- nue to ascertain if the allegation be true, and, if found Correct, to superintend the transfer, and to CauSe the marks and numbers upon the original pack- ages to be inscribed upon the packages into which the merchandise shall be transferred. (R. S. § 3031.) § 5735. Deposit of invoice—Every importer, OWner, Consignee, agent, or exporter, who shall enter ImerChandise for importation, or for exportation, or transportation from one port to another, with the right of drawback, shall deposit with the collector the Original invoice of such merchandise, if not be- fore deposited with the collector, and in that case an authenticated Copy thereof, to be filed and preserved by him in the archives of the custom-house, which Shall be signed by such importer, owner, consignee, agent, or exporter, and the oath to be made on the entry Of Such merchandise shall be annexed thereto. (R. S. § 3032.) § 5% 36. Comparison with invoice—It shall be the duty Of the Collector to cause all merchandise en- tered for re-exportation, with the right of drawback, to be inspected, and the articles thereof Compared With their respective invoices, before a permit shall be given for lading the same; and where the merchan- dise SO. entered shall be found not to agree with the entry it shall be forfeited. (R. S. § 3033.) - § 5737. Appraiserment when duty ad valorem —All merchandise, subject to ad-Valorem duty, and intended for exportation, with benefit of drawback, which shall be transported from One district to an- other, shall be accompanied by a copy from the in- voice, of the cost thereof, certified by the collector of the district from which it may have been last reship- ped, which Certified copy shall be produced to the Collector of the district from which Such merchandise is intended to be exported ; and Such merchandise, aS Well as all Such merchandise Subject to ad-Valorem duty, as shall be exported from the district into which it may have been originally imported, shall be inspect- ed by the appraisers at the time of exportation, in the same manner as on the importation of such mer- chandise; and if the same is found not to Correspond with the original invoice, the merchandise shall be subject to forfeiture. (R. S. § 3034.) § 5738. Inspection and lading—The collector shall direct the surveyor, where any, to inspect, Or cause to be inspected, the merchandise notified for ex- portation, and if it is found to correspond fully with the notice and proof concerning the same, the Collec- tor, together with the naval officer, if any, Shall grant a permit for lading the same on board of the Vessel Such lading shall be performed under the superintendence of the Officer Ch. 9) 3 5748 COLLECTION OF DUTIES UPON IMPORTS [Page 909] by whom the same has been so inspected; and the ex- porter shall make Oath that the merchandise, so no- ticed for exportation, and laden on board such vessel, previous to the Clearance thereof, or within ten days after Such clearance, is truly intended to be exported to the place whereof notice has been given, and is not intended to be relanded within the United States; Otherwise the merchandise shall not be entitled to the benefit of drawback. (R. S. § 3035.) § 5739. Transportation to another district 'for exportation—All merchandise imported into the United States, the duties on which have been paid, Or secured to be paid, may be transported by land, or partly by land and partly by water, or coastwise, from the district into which it was imported to any port of entry and exported from such port of entry with the benefit of drawback. (R. S. § 3036.) § 5740. Extension of time for entry—When- ever the exporter entering any merchandise, for the benefit of drawback, shall not have completed such entry, by taking the oath or giving the bond required by the existing laws, within the period prescribed by law, but shall offer to complete the entry after the ex- piration of the period, the Secretary of the Treasury may, upon application to him made, by the exporter, Setting forth the Cause of his Omission, under oath, and accompanied by a statement Of the Collector Of all the circumstances attending the transaction—within the knowledge of such collector, if he shall be satis- fied that the failure to complete the entry was acci- dental, without any intention to evade the law or de- fraud the revenue, direct the entry to be Completed, and the certificates or debentures, as the Case may be, to issue in the same manner, as if such entry had been completed within the period described. by the existing laws of the United States. (R. S. § 3037.) § 5741. Debentures, to whom payable—All de- bentures shall be issued and made payable to the Orig- inal importer of the merchandise, entered for exporta- tion, whenever the same shall be requested, in Writ- ing, by the exporter, and not otherwise. In respect to any merchandise, on which the duties shall have been paid prior to an entry for exportation, the deben- ture for the amount of the drawback of Such duties shall be made payable in fifteen days to be Computed from the time of signing the bond, to be given as hereinafter directed. (R. S. § 3038.) § 5742. Suit on refusal of payment—Whenever payment of any debenture is refused by the collector Of the district where it was granted, for a longer time than three days, after the same shall have become payable, such reftisal to be proved in the same manner as the non-payment of a bill of exchange, the pos- SeSSOr Or assignee of Such debenture may bring suit thereupon against the person to whom it was origi- nally granted or against any indorser thereof. (R. S. § 3039.) § 5743. Debentures assignable—Debentures shall be assignable by delivery and indorsement of the parties who may receive the same. (R. S. § 3040.) § 5744. Exportation from another district— Where any merchandise is exported from any other district than the One into which it was originally im- ported, the collector of such district, together with the naval officer thereof, where there is one, shall grant to the exporter a certificate, expressing that such merchandise was exported from such district, with the marks, numbers, and descriptions of the packag- es and their Contents, the names of the master and vessel in which and the port to which it was exported, and by whom, and the names of the vessel and master in which it was brought, and by whom shipped at the Gistrict from whence it came, and the amount of the Čirawback to which it is entitled. Such certificate Shall entitle the possessor thereof to receive from the COllector of the district with whom the duties on the merchandise were paid, a debenture or debentures, for the amount of the drawback expressed in the cer- tificate, payable at the same time, and in like manner as is herein directed for debentures on merchandise exported from the port of original importation. (R. S. § 3041.) § 5745. Refusal of debenture—The collector may refuse to grant such debenture, in case it shall appear to him that any error has arisen, or any fraud has been committed; and in case of such refusal, if the debenture claimed shall exceed One hundred dol- lars, it shall be the duty Of the Collector to represent the case to the Secretary of the Treasury, who shall determine whether such debenture shall be granted or not. In no case, moreover, of an exportation of goods shall a drawback be paid, until the duties on the importation thereof shall have been first received. (R. S. § 3042.) § 5746. Bond for delivery of merchandise at foreign port—Before the receipt of any debenture, in Case of exportation from the district Of Original impor- tation, and in Case of exportation from any other dis- trict, before the receipt of any such Certificate, as is hereinbefore required to be granted, the perSon apply- ing for such debenture or certificate shall, previous to such receipt, and before the clearance of the ves- sel in which the merchandise was laden for exporta- tion, give bond, with one or more Sureties, to the Sat- isfaction of the collector, who is to grant such deben- ture or certificate, as the case may be, in a Sum equal to double the amount of the sum for which such debenture or certificate is granted, conditioned that such merchandise, or any part thereof, shall not be relanded in any port within the limits Of the United States, and that the exporter shall produce, within the time herein limited, the proofs and certificates re- quired of such merchandise having been delivered without such limits. (R. S. § 3043.) § 5747. Discharge of bond—All bonds which may be given for any merchandise exported from the United States, and on which any drawback of duties or allowance shall be payable, in virtue of such ex- portation, shall and may be discharged, and not Oth- erwise, by producing within One year from the date thereof, if the exportation be made to any port of Europe or America, or within two years, if made to any part of Asia or Africa, a certificate under the hand Of the COnSignee at the foreign port to whom the merchandise shall have been addressed, therein partic- Iularly setting forth and describing the articles so ex- ported, their marks, numbers, description of pack- ages, the number thereof, and their actual Contents, and declaring that the same have been received by them from. On board the vessel, Specifying the names Of the master and vessel from which they were so receiv- ed; and where such merchandise is not consigned Or addressed to any particular perSOn at the foreign port to which the vessel is destined, or may arrive, but where the master, or other person on board such ves- sel may be the COnsignee Of Such merchandise, a Cer- tificate from the person to wholm Such merchandise may be sold or delivered, by such master or other per- son, shall be produced to the same effect as that re- quired if the person receiving the same were original- ly intended to be the consignee thereof. (R. S. § 3044.) § 5748. Consul’s certificate—In addition to such Certificate, it shall be necessary to produce a Certifi- Cate under the hand and Seal Of the COnSul Or agent of the United States, residing at the place, declaring either that the facts Stated in the Certificate Of Such consignee, or other person, are to his knowledge true, or that such certificate is deserving of full faith and credit; which certificates of the consignee, or other person, and Consul or agent, shall, in all cases, as respects the landing or delivery of the merchandise, be confirmed by the oath of the master and mate, if living, Or, in Case of their death, by the oath of the two principal Surviving officers of the vessel in which the exportation shall be made. Where there is no consul or agent of the United States residing at the place of delivery, the certificate of the consignee, or Other person hereinbefore required, shall be confirmed 3 5749 COLLECTION OF DUTIES UPON IMPORTS (Tit. 34. - - [Page 910] by the certificate of two reputable American mer- fice of a collector, for the benefit of drawback or chants residing at the place; Or if there are no such American merchants, then by the certificate of two reputable foreign merchants, testifying that the Sev- eral facts stated in such consignee or Other person’s certificate, are, to their knowledge, just and true, or that such certificate is, in their opinion, worthy of full faith and credit; and such certificate shall also be supported by the Oath of the master and mate, Or Other principal officers of the vessel, in manner as be- fore prescribed. The Oath of the master and mate, Or Other principal Officers, shall, in all cases, when taken. at a foreign port, be taken and subscribed before the consul or agent of the United States residing at Stich foreign port, if any such consul or agent reside there- at. (R., S. § 3045.) - § 5749. Consul’s fee—It shall be lawful for the consuls or agents of the United States, residing at the foreign ports, to demand twenty-five cents for ad- ministering each oath and one dollar for granting each certificate required by the preceding section, and if any consul or agent shall demand other or greater fees than are thus allowed, his bond shall be forfeited. (R. S. § 3046.) § 5750. Other proof–In cases of loss by Sea, or by capture or other unavoidable accident, or when, from the nature of the trade, the proofs and certificates before re- quired are not, and cannot be, procured, the exporter shall be allowed to adduce to the collector of the port of exportation such other proofs as they may have, and as the nature of the case will admit ; which proofs shall, with a statement of all the circumstances attending the transaction within the knowledge of such collector, be transmitted to the Secretary of the Treasury, who shall have power to allow a further reasonable time for obtaining such proofs; Or if he be satisfied with the truth and validity of the proofs adduced, to direct the bond of such exporter to be canceled. If the amount of such bond shall not ex- ceed the penal sum of two hundred dollars, the Col- lector, with the naval officer, when there is One, and alone, where there is none, may, pursuant to Such rules as shall be prescribed by the Secretary of the Treasury, admit such proof as may be adduced; and if they deem the same satisfactory, Cancel Such bond accordingly. (R. S. § 3047.) § 5751. Appropriation for payment of deben- tures—So much money as may be necessary for the payment of debentures or drawbacks and allowances which may be authorized and payable, is hereby ap- propriated for that purpose out of any money in the Treasury, to be expended under the direction of the Secretary of that Department, according to the laws authorizing debentures or drawbacks and allowances. The collectors of the customs shall be disbursing agents to pay such debentures, drawbacks, and al- lowances. All debenture certificates issued a CCOrding to law shall be received in payment of duties at the custom-house where the same have been issued, the laws regulating drawbacks having been complied with. (R. S. § 3048.) § 5752. Relanding goods—If any merchandise entered for exportation, with intent to drawback the duties, or to obtain any allowance given by law on the exportation thereof, shall be landed within any port within the limits of the United States, all Such mer- chandise shall be subject to seizure and forfeiture, together with the vessel from which such merchan- dise shall be landed, and the vessels or boats used in landing the same ; and all persons concerned therein shall, upon indictment and conviction thereof, suffer imprisonment for a term not exceeding six months. For discovery of frauds and seizure of merchandise relanded Contrary to law, the several Officers estab- lished by this Title shall have the same powers, and, in case of seizure, the same proceedings' shall be had, as in the case of merchandise imported contrary to law. (R. S. § 3049.) § 5753. Same; false entry—If any merchan- dise, Of Which entry shall have been made in the Of- bOUllnty upon exportation, shall be entered by a false denomination, or erroneously as to the time when and the vessel in which it was imported, or shall be found to disagree with the packages, quantities, or qualities, as they were at the time of original importation, ex- Cept Such disagreement as may have been occasioned by necessary or unavoidable wastage or damage only, and except also in cases where permission shall have been obtained according to law to alter or change the Quantities or packages thereof, all such merchandise, Or the Value thereof to be recovered of the Owner Or perSOn making such entry, shall be forfeited, and the perSOn making such false entry shall also forfeit a Sum equal to the Value Of the articles frnentioned Or described in such entry. (R. S. § 3050.) § 5754. No forfeiture for accident or mistake —No forfeiture shall be incurred under the preced- ing Section if it shall be made to appear to the satis- faction. Of the Collector and naval Officer of the dis- trict, if there be a naval officer, and if there be no naval Officer, to the satisfaction of the collector, or of the COurt in Which a prosecution for the forfeiture shall be had, that such false denomination, error, or Ólisagreement happened by mistake or accident, and not from any intention to defraud the revenue. (R. S. § 3051.) § 5755. Exportation and transportation of bonded goods not prevented—None of the provi- Sions of this Title shall operate to prevent the ex- portation of bonded merchandise from Warehouse Within three years from the date of original importa- tion, nor its transportation in bond from the port into which it was originally imported to any other port for the purpose of exportation. (R. S. § 3052.) § 5756. Importations from British North America—Any merchandise imported from the Brit- ish North American provinces adjoining the United States, which shall have been duly entered and the duties thereon paid or secured according to law at either of the ports of entry in the collection-districts situated on the northern, northeastern, and north- western, frontiers of the United States, may be trans- ported by land or by water, or partly by land and partly by Water, to any port or ports from which mer- chandise may be exported for benefit of drawback, and be thence exported with such privilege to any foreign country. The laws relating to the transpor- tation of merchandise entitled to drawback, and the due exportation and proof of landing thereof, and all regulations which the Secretary of the Treasury may prescribe for the security of the reyenue, must, how- ever, be complied with. (R. S. § 3053.) § 5757. Transportation to ports in British North America—Any imported merchandise, in the Original packages, which shall have been duly entered and warehoused in pursuance of the provisions relat- ing to Warehouses, may be exported therefrom in Con- formity with law, and be transported, in the manner indicated, to ports in the adjoining British provinces, and become entitled to the benefits of those provisions. (R. S. § 3054.) l (R. S. § 3055. Superseded.) This section was as follows: “Merchandise imported into the United States and exported from the port of Lake Pontchartrain shall be entitled to the benefit of a draw- back of the duties upon exportation to any foreign port, under the same provisions, regulations, restrictions, and limitations, as if such merchandise had been exported di- rectly from New Orleans by way of the Mississippi river.” It was superseded by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1 (§ 5327). § 5758. Exportation to British North Ameri- ca—Any imported merchandise which has been enter- ed, and the duties paid or secured according to law, for drawback, may be exported to the British North American provinces adjoining the United States. (R. S. § 3056.) § 5759. Regulations—The Secretary of the Treasury is hereby further authorized to prescribe Such rules and regulations, not inconsistent With the Ch. 10) # 5766 COLLECTION OF DUTIES UPON IMPORTS [Page 911] laws of the United States, as he may deem necessary to carry into effect the provisions of the laws relat- ing to drawbacks, and to prevent the illegal re-impor- tation of any merchandise which shall have been ex- ported as herein provided. (R. S. § 3057.) Chapter Ten—Enforcement of Duty- Laws and Punishment for Violations Sec. 5760. Transfers; salvors as owners. 5761. Who may make searches. 5762. Special appointments, how filed. 5763. Search of vehicles and persons. 5764. Forfeitures. 5765. Privity of owner. 5766. Forfeiture of vessels; privity of owner or master. 5767. Search of baggage. 5768. Entering buildings. 5769. Search-warrant. 5770. Authority to go on vessels. & 5771. Same; obstructing officers. 5772. Articles separate from cargo. 5773. Locks and fastenings. 5774. Officers to make character known. 5775. Seizures. 5776. Persons making seizures pleading general issue and proving special matter. 5777. Appraisement. 5778. Notice of seizure. 5779. Claim for property seized. 5780. Sale of property seized. 5781. Rºsion of forfeiture, and Trestoration of proceeds of ~ Sale. 5782. Distribution. 5783. Sale of perishable articles. 5784. Release on payment of appraised value. 5785. Concealing or buying goods liable to seizure. §786. Notice to Solicitor of Treasury. 5787. Collectors to report to district attorneys. ! 5788. Duty of district attorneys, 5789. Custody of goods. 5790. Institution of suits. 5791. Burden of proof. 5792, Lien on vessels. 5793. Costs of prosecution. 5794. Distribution of forfeitures. 5795. Sums received from fines and other receipts covered into Treasury. 5796. Moieties to informers and officers. 5797. Same; Compensation in lieu of. 5798. cºntation to officers and others detecting smug- gll Ing. 5799. Compulsory production of books, invoice or paper. 5800. Compensation to informers. 5801. Same; officers prohibited from receiving. 5802. Officers, informers, and defendants as witnesses. 5803. Reports of violations of laws; district attorneys to prosecute. 5804. Compromise of claims. 5805. Dismissal of proceedings. 5806. No exemption from taking other oaths. § 5760. Transfers; salvors as owners—All merchandise imported into the United States shall, for the purpose of this title, be deemed and held to be the property Of the person to whom the merchandise may be COnsigned ; but the holder of any bill of lad- ing consigned to Order and properly indorsed shall be deemed the COnsignee thereof; and in Case Of the abandonment of any merchandise to the underwriters, the latter may be recognized as the consignee ; and under such regulations as the Secretary of the Treas- ury may prescribe, merchandise Saved from a vessel wrecked or abandoned at Sea, or on or along the coasts of the United States, and promptly brought into a port of the United States by or in possession of the salvors of the same, can, for the purpose of its title, be regarded as the property of such salvors, and the valuation thereof and payment of duties thereon can be made accordingly and with due reference to the condition of the said merchandise as thus saved and the necessities of the case: Provided, however, That such bringing in by salvors shall be in good faith and without intent to evade the just payment of duty: And provided further, That nothing herein Contained shall be SO construed as to prejudice in any Other respect the rights of property, or of or through abandonment or allowance of the owner, or any other person interested in said merchandise. (R. S. § 3058, amended, Feb. 23, 1887, c. 221, 24 Stat. 415.) § 5761. Who may make searches—It shall be lawful for any officer of the customs, including in- SpectOrS and Occasional inspectors, or of a revenue- Cutter, or authorized agent of the Treasury Depart- ment, Or other persons specially appointed for the purpose in writing by a collector, naval officer, or Surveyor, to go On board of any vessel, as Well with- Out as within his district, and to inspect, search, and examine the same, and any person, trunk, or envelope On board, and to this end to hail and stop such ves- Sel if under way, and to use all necessary force to Compel Compliance ; and if it shall appear that any breach or violation Of the laws Of the United States has been Committed, whereby Or in Consequence of which such vessel, or the merchandise, or any part thereof, on board of or imported by such vessel, is lia- ble to forfeiture, to make seizure of the same, or either or any part thereof, and to arrest, or in case Of escape, Or any attempt to escape, to pursue and ar- rest any person engaged in Such breach or violation. (R. S. § 3059.) § 5762. Special appointments, how filed—The Original appointment in Writing of any perSOn special- ly appointed under the provisions of the previous sec- tion shall be filed in the Custom-house where Such ap- pointment is made. (R. S. § 3060.) § 5763. Search of vehicles and persons—Any Of the Officers Or persons authorized to board Or Search vessels may stop, search, and examine, as well without as within their respective districts, any ve- hiCle, beast, Or perSOn, On which Or whom he Or they shall suspect there is merchandise which is subject to duty, or shall have been introduced into the United States in any manner contrary to law, whether by the person in possession Or charge, Or by, in, Or upon Such vehicle Or beast, Or Otherwise, and to Search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchan- dise which was imported Contrary to law; and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, Or person, or in any such trunk or envelope, which he Shall have reasonable Cause to believe is subject to duty, or to have been unlawfully introduced into the United States, whether by the person in possession Or charge, Or by, in, Or upon such vehicle, beast, or otherwise, he shall seize and secure the same for trial. (R. S. § 3061.) § 5764. Forfeitures—Every such vehicle and beast, or either, together with teams or other motive. power used in Conveying, drawing, or propelling Such vehicle Or merchandise, and all. Other appurtenances, including trunks, envelopes, covers, and all means of concealment, and all the equipage, trappings, and Other appurtenances of such beast, team, or vehicle, shall be subject to seizure and forfeiture. If any per- son who may be driving or conducting, or in charge Of any such carriage or vehicle or beast, or any per- son traveling, shall willfully refuse to stop and allow search and examination to be made as herein provid- ed, when required so to do by any authorized person, he shall be punishable by a fine of not more than One thousand dollars, nor less than fifty dollars. (R. S. § 3062.) § 5765. Privity of owner—No railway-car or engine or other vehicle, or team, used by any person or corporation, as Common Carriers, in the transac- tion of their business as such common carriers, shall be subject to forfeiture by force Of the provisions of this Title unless if shall appear that the owner, su- perintendent, or agent of the owner in charge thereof at the time Of Such unlawful importation Or trans- portation thereon or thereby was a Consenting party, or privy to such illegal importation or transportation. (R. S. § 3063.) § 5766. Forfeiture of vessels; privity of own- er or master—No vessel used by any person Or COr- poration, as common carriers in the transaction of their business as such common carriers, shall be sub- & 5767 (Tit. 34 CoLLECTION OF DUTIES UPON IMPORTs ject to seizure or forfeiture by force of the provi- sions of title thirty-four of the Revised Statutes of the United States unless it shall appear that the owner or master of such vessel, at the time Of the al- leged illegal act, was a consenting party, or privy thereto. (Feb. 8, 1881, c. 34, 21 Stat. 322.) § 5767. Search of baggage—The Secretary of the Treasury may from time to time prescribe regu- lations for the search of persons and baggage, and for the employment of female inspectors for the exami- nation and search of persons of their own sex; and all persons coming into the United States from for- eign countries shall be liable to detention and Search by authorized officers or agents of the Government, under such regulations. (R. S. § 3064.) § 5768. Entering buildings—Any person author- ized by this Title to make searches and seizures, or any person assisting him or acting under his direc- tions, may, if deemed necessary by him Or them, en- ter into or upon or pass through the lands, inclosures, and buildings, other than the dwelling-house of any person whomsoever, in the night or in the day time, in order to the more effectual discharge of his of ficial duties. (R. S. § 3065.) 8 . § 5769. Search-warrant—If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have Cause to suspect a concealment of any merchandise in any particular dwelling-house, store-building, or Other place, they, or either of them, upon proper appli- cation on oath to any justice of the peace, or district judge of cities, police justice, or any judge of the circuit Or district Court of the United States, Or any Commissioner Of the United States Circuit COurt, Shall be entitled to a Warrant to enter SūCh house, store, or other place, in the day time only, and there to search for Such merchandise; and if any shall be found, to seize and secure the same for trial. And all such merchandise, upon which the duties shall not have been paid, or secured to be paid, shall be for- feited. (R. S. § 3066, amended, April 25, 1882, c. 89, 22 Stat. 49.) - § 5770. Authority to go on vessels—It shall be lawful for all Collectors, naval Officers, Surveyors, in- spectors, and the Officers of the revenue-Cutters, to go on board of vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out Of their respective districts, for the purposes of demand- ing the manifests, and of examining and searching the vessels; and those officers respectively shall have free access to the cabin and every other part of a vessel. (R. S. § 3067.) § 5771. Same; obstructing officers—If any master of a vessel coming into or having arrived at any port within the United States shall Obstruct or hinder, or shall intentionally cause any obstruction or hinderance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue laws of the United States, he shall for every such offense be liable to a penalty of not more than five hundred dollars nor less than fifty dollars. (R. S. § 3068.) § 5772. Articles separate from cargo—If any box, trunk, chest, cask, or other package shall be found in the cabin, steerage, or forecastle of a ves- Sel, Or in any other place separate from the residue of the cargo, the officer of the customs shall take a particular account of such package, and of the marks and numbers thereof, if any, and a description there- Of, and, if he judges proper, shall seal every such package; and such account and description shall be by him forwarded without delay to the collector of the district to which Such vessel is bound. If upon her arrival at the port of her entry, the packages so described, or any of them, are missing, or if any seal put thereon has been broken, the master shall be liable to a penalty for every package missing, or [Page 912I - On which any seal shall be broken, of two hundred dollars. (R. S. § 3069.) - § 5773. Locks and fastenings—The inspector Who may be put On board of any vessel shall Secure, after Sunset in each evening, or previous to his quitting the vessel, the hatches and other communica- tions with the hold of such vessel, or any other part thereof he may judge necessary, with locks or other proper fastening, which locks or other fastenings shall not be opened, broken, or removed until the morning following, or after the rising of the Sun, and in the presence of the inspector by whom the same were affixed, except by special license from the collector of the port, and the naval officer, if any, first ob- tained. If the locks or other fastenings, or any of them, are broken or removed contrary to this section, Or if any merchandise or packages are clandestinely landed, notice thereof shall be immediately given by the inspector to the Collector and naval Officer, if any, Of the port where the vessel may be; and the master. Of such vessel shall, for each or every such offense, be º to a penalty of five hundred dollars. (R. S. § 3070.) - § 5774. Officers to make character known— Every Officer or Other person authorized to make searches and seizures by this Title, shall, at the time of executing any of the powers Conferred upon him, make known, upon being questioned, his Char- acter as an Officer Or agent Of the Customs Or GOVern- ment, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrests, search, Or seizure au- thorized by this Title, where Such assistance may be necessary; and if such person shall, without reason- able excuse, neglect or refuse so to assist, upon prop- er demand, he shall be deemed guilty Of a misde- meanor, punishable by a fine of not more than two hundred dollars, nor less than five dollars. (R. S. § 3071.) § 5775. Seizures—It shall be the duty of the sev- eral Officers Of the Customs to Seize and Secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as within their respective districts. (R. S. § 3072.) - § 5776. Persons making seizures pleading general issue and proving special matter-If any officer, or other person, executing or aiding or as- sisting in the seizure of goods, under any act provid- ing for or regulating the collection of duties on im- ports or tonnage, is sued for anything done in virtue of the powers given thereby, or by virtue of a war- rant granted by any judge, or justice, pursuant to law, he may plead the general issue and give Such act and the special matter in evidence. (R. S. § 3073.) § 5777. Appraisenment—In all cases of seizure of property subject to forfeiture for any of the causes named in any provision of law relating to the CuS- toms, or for the registering, enrolling, or licensing Of vessels, when, in the opinion of the Collector Or other principal officer of the revenue making such seizure, the value of the property seized does not exceed five hundred dollars, he shall cause a list and particular description of the property seized to be prepared in duplicate, and an appraisement of the same to be made by two sworn appraisers under the revenue laws, if there are such appraisers at Or near the place of seizure; but if there are no such ap- praisers, then by two competent and disinterested citizens of the United States, to be selected by him for that purpose, residing at or near the place of seizure; which list and appraisement shall be prop- erly attested by such collector or other officer and the persons making the appraisal. For such services of the appraisers they shall be allowed out of the revenue One dollar and fifty Cents each, for every day necessarily employed in such service. (R. S. § 3074.) w - - Ch. 10) 3 5788 COLLECTION OF DUTIES UPON IMIPORTS [Page 913] § 5778. Notice of seizure—If the amount of the appraisal of property so seized as forfeited shall not exceed the sum of five hundred dollars, the collector or other principal officer shall publish a notice once a week for three Successive weeks in some newspaper Of the COunty Or place where Such Seizure Shall have been made, if any newspaper shall be published in such county; but if no newspaper shall be published in Such County, then such notice shall be published in some newspaper of the county in which the princi- pal Customs Office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper public places, Which notices shall describe the articles seized, and State the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such collector or other officer his claim to Such articles within twenty days from the date of the first publication of such notice. (R. S. § 3075.) § 5779. Claim for property seized—Any per- Son claiming the property so seized may, at any time Within twenty days from the date of such publication, file with the collector or other officer a claim, stating his interest in the articles seized, and, upon depositing with such collector or other Officer a bond to the Unit- ed States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such col- lector or other officer, conditioned -that; +in-ease—of the Condemnation of the articles so claimed, the obli- gors Shall pay all the Costs and expenses Of the pro- Ceedings to obtain such condemnation. Such col- lector or other officer shall transmit the same, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, who shall proceed for a condemnation Of the property in the Ordinary mode prescribed by law. (R. S. § 3076.) § 5780. Sale of property seized—If no such claim shall be filed Or bond given within the twenty days above Specified, Such Collector or other officer shall give not less than fifteen days’ notice Of the sale Of the property so seized, by publication in the manner before mentioned ; and, at the time and place speci- fied in such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such seizure, publication, and sale, in the Treasury of the United States, as shall be directed by the Secretary of the Treasury. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all. (R. S. § 3077.) § 5781. Remission of forfeiture, and restora- tion of proceeds of sale—Any person claiming to be interested in the property sold under the provisions of the preceding section may, within three months after Such sale, apply to the Secretary Of the Treasury for a remission Of the forfeiture and a restoration of the proceeds Of Such sale, and the same may be granted by the Secretary upon satisfactory proof, to be fur- nished in such manner as he shall direct, that the ap- plicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in Such Circumstances as prevented him from knowing Of the same, and that such forfeiture was incurred without willful negligence Or any intention of fraud On the part of the owner of such property. (R. S. § 3078.) § 5782. Distribution—If no application for such remission Or restoration shall be made within three months after such sale, the Secretary of the Treasury shall then Cause the proceeds of such sale to be dis- tributed in the same manner as if such property had been Condemned and Sold in pursuance of a decree of a competent court. (R. S. § 3079.) § 5783. Sale of perishable articles—Whenever seizure shall be made of any property which, in the opinion of the appraisers, is liable to perish or waste, or to be greatly reduced in value by keeping, or which COMP.ST.'18—58 Cannot be kept without great disproportionate expense, Whether such property consists of live animals or mer- Chandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no Claim shall have been interposed therefor as is here- inbefore provided, the appraisers, if requested by the Collector Or principal officer making the seizure, at the time when such appraisal is made, shall certify on Oath in their appraisal their belief that the property Seized is liable to speedy deterioration, or that the expenses of its keeping will largely reduce the net proceeds of the Sale ; and in case the appraisers thus Certify, such collector or other officer may proceed to advertise and sell the same at auction, by giving notice for Such time as he may think reasonable, but not less than One Week, Of Such Seizure and intended sale, by advertisement as is hereinbefore provided ; and the proceeds of Such sale shall be deposited to the Credit Of the Treasurer of the United States, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day Of Sale, and allowed by the Secretary of the Treasury. (R. S. § 3080.) § 5784. Release on payment of appraised val- ue—The Collectors Of the Several districts Of the United States, in all cases of seizure of any merchandise for violation of the revenue laws, the appraised value of —which, in the district wherein such seizure shall be made, does not exceed One thousand dollars, are here- by authorized, subject to the approval of the Secre- tary of the Treasury, to release such merchandise on payment of the appraised value thereof. (R. S. § 3081.) § 5785. Concealing or buying goods liable to seizure—If any person shall fraudulently or know- ingly import or bring into the United States, Or assist in so doing, any merchandise, contrary to law, Or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, COncealment, or sale of Such mer- chandise after importation, knowing the same to have been imported contrary to law, such merchandise shall be forfeited and the Offender shall be fined in any Sum not exceeding five thousand dollars nor less than fifty dollars, or be imprisoned for any time not exceeding two years, or both. Whenever, on trial for a violation Of this section, the defendant is shown to have Or to have had possession of such goods, Such possession Shall be deemed evidence sufficient to authorize Con- viction, unless the defendant shall explain the posses- Sion to the satisfaction of the jury. (R. S. § 3082.) § 5786. Notice to Solicitor of Treasury—When- ever any seizure shall be made for the purpose of en- forcing any forfeiture, the collector or other perSOn causing such seizure to be made shall immediately give information thereof to the Solicitor of the Treas- ury. (R. S. § 3083, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.) § 5787. Collectors to report to district attor- neys—The several collectors of customs shall report within ten days to the district attorney of the dis- trict in which any fine, penalty, or forfeiture may be incurred for the violation of any law of the United States relating to the revenue, a statement of all the facts and circumstances of the case within their knowledge, or which may come to their knowledge from time to time, stating the names of the Witnesses, and the provisions of the law believed to be violated, and on which a relian Ce may be had for COndemna- tion or conviction. If any Collector shall in any Case fail to report to the proper district attorney, as pre- scribed in this section, such collector's right to any compensation, benefit, or allowance in such case shall be forfeited to the United States, and the same may, in the discretion of the Secretary Of the Treasury, be awarded to such persons as may make Complaint and prosecute the same to judgment or conviction. (R. S. § 3084.) # § 5788. Duty of district attorneys—District at- torneys, upon receiving the report of a collector, shall Ž 5789 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page.914] CauSe Suit and prosecution to be commenced and pros- ecuted without delay for the fines and personal pen- alties by law in such case provided, unless upon in- Quiry and examination they shall decide that a con- Viction cannot probably be obtained, or that the ends Of public justice do not require that a suit or prosecu- tion should be instituted, in which case they shall report the facts to the Secretary of the Treasury for his direction. For expenses incurred and services Tendered in prosecutions for such fines and personal penalties, they shall receive such allowance as the Secretary of the Treasury shall deem just and rea- SOnable, upon the certificate of the judge before whom Such prosecution was had. (R. S. § 3085.) § 5789. Custody of goods—All merchandise or property of any kind seized under the provisions of any law of the United States relating to the cus- toms, shall, unless otherwise provided for by law, be placed and remain in the custody of the collector Or Other principal Officer of the customs of the dis- trict in which the seizure shall be made, to abide ad- judication by the proper tribunal, or other disposi- tion according to law. (R. S. § 3086.) * & § 5790. Institution of suits—The Collector with- in whose district any seizure shall be made or forfei- ture incurred for any violation of the duty laws is hereby enjoined to cause suits for the same to be com- menced without delay, and prosecuted to effect ; and is, moreover, authorized to receive from the court within which such trial is had, or from the proper Officer thereof, the sum recovered, after deducting all proper charges to be allowed by the Court; and on re- Ceipt thereof he shall pay and distribute the same without delay, according to law. (R. S. § 3087.) § 5791. Burden of proof–T. In all suits or in- formations brought, where any seizure has been made pursuant to any Act providing for or regulating the collection of duties on imports or tonnage, if the prop- erty. is claimed by any person, the burden of proof shall lie upon such claimant, and in all actions or pro- Ceedings for the recovery Of the value Of merchandise imported contrary to any Act providing for or regu- lating the collection of duties on imports or tonnage, the burden of proof shall be upon the defendant: Pro- vided, That probable Cause is shown for Such prosecu- tion, to be judged of by the court. (Oct. 3, 1913, c. 16, § III, T, 38 Stat. 189.) & § 5792. Lien on vessels—Whenever a vessel, or the OWImer or master of a vessel, has become. Subject to a penalty for a violation of the revenue laws of the . United States, such vessel shall be holden for the payment of such penalty, and may be seized and pro- Ceeded against Summarily by libel to recover such penalty. (R. S. § 3088.) § 5793. Costs of prosecution—Whenever a sei- Zure, COndemnation, and Sale Of merchandise takes place within the United States, and the value there- of is less than two hundred and fifty dollars, that part Of the forfeiture which accrues to the United States, or So much thereof as may be necessary, Shall be applied to the payment of the cost of prosecution. (R. S. § 3089.) § 5794. Distribution of forfeitures—From the proceeds of fines, penalties, and forfeitures incur- red under the provisions of the laws relating to the customs, there shall be deducted Such charges and expenses as are by law in each case authorized to be deducted ; and in addition, in Case of the forfei- ture of imported merchandise of a greater value than five hundred dollars on which duties have not been paid, Or in Case of a release thereof, upon payment of its appraised value, or of any fine or composition in money, there shall also be deducted an amount equivalent to the duties in Coin upon such merchan- dise, including the additional duties, if any ; which shall be Credited in the accounts of the Collector as du- ties received; and the residue of the proceeds shall be paid into the Treasury of the United States, and distributed, under the direction of the Secretary, in the manner following, to wit: One-half to the United States; one-fourth to the person giving the informa- tion Which has led to the seizure, or to the recovery Of the fine or penalty, and if there be no informer other than the collector, naval officer, or surveyor, then to the Officer making the seizure; and the re- maining one-fourth to be equally divided between the Collector, naval officer, and surveyor, or such of them as are appointed for the district in which the seizure has been made, or the fine or penalty incurred, or if there be only a collector, then to such collector. But Where any fine, penalty, or forfeiture, incurred by vir- tue of the laws relating to customs, shall be recovered in consequence of any information given by an officer of a revenue-Cutter, the proceeds thereof shall, after the legal deductions, including the deductions herein authorized, have been made, be disposed of as fol- lows: One-fourth to the United States; one-fourth to the Officers of the customs, as hereinbefore pro- Vided; and the remainder to the officers of such rev- enue-Cutter, to be divided among them in proportion to their pay. (R. S. § 3090, amended, Feb. 27, 1877, . c. 69, § 1, 19 Stat. 248.) $ 5795. Sums received from fines and other receipts covered into Treasury—From and after the close of the fiscal year nineteen hundred and seven all sums received from fines, penalties, and for- feitures, COnnected With the customs, and from fees paid into the Treasury by customs officers, and from St0rage, cartage, drayage, labor, and services, shall be covered into the Treasury as are other miscellane- Ous receipts. (March 4, 1907, c. 2918, § 1, 34 Stat. 1315.) (R.S. §§ 3091–3093. Repealed.) R. S. § 3091, authorized the issuance of a warrant, upon Qomplaint and affidavit of fraud on the revenue, directing the marshal of the district to enter any place and seize books Qr papers relating to merchandise in respect to which the alleged fraud Was committed, and produce them before the judge. R. S. § 3092, provided that no warrant for such seizure should be issued unless the complaint should set forth the character of the fraud alleged, its na- ture, the importations in respect to which it was commit- ted, and the papers to be seized, and required the return Of such warrant as other warrants are returned. R. S. § 3093, provided that books and papers so seized should be subject to the order of the judge, who should allow the examination of the same by the collector or any officer authorized by him, and authorized the retention by the judge of Such books and papers as he might deem neces- Sary. The provisions of Act July 18, 1866, § 39, and of Act March 2, 1867, § 2, which were incorporated into these three Sections, were repealed by the Anti-Mojety Act of June 22, 1874, c. 391, § 1, 18 Stat. 186. These sections were repealed, therefore, by that act, it having effect as subse- quent to the Revised Statutes, and as repealing any por- tion of the revision inconsistent there with, by virtue of R. S. § 5601 (§ 15598). r § 5796. Moieties to informers and officers—All provisions of law under which moieties of any fines, penalties, or forfeitures, under the customs-revenue laws, Or any share therein, or commission thereon, are paid to informers, or officers of customs, or other Officers Of the United States, are hereby repealed ; and from and after the date of the passage of this act the proceeds of all such fines, penalties, and for- feitures shall be paid into the Treasury of the United States. (June 22, 1874, c. 391, § 2, 18 Stat. 186.) § 5797. Saime; compensation in lieu of.-It shall hereafter be the duty of the Secretary of the Treasury, Out of any money specifically appropriated by Congress, to make suitable compensation in cer- tain Cases under the customs-revenue laws, as here- inafter provided, and not otherwise; and for the pur- pose of making such compensation for the next fiscal year, the Sum of One hundred thousand dollars is hereby appropriated out of any money in the Treas- ury not otherwise appropriated ; and he shall an- nually report to Congress, in detail, all payments by him for such purpose. (June 22, 1874, c. 391, § 3, 18 Stat. 186.) § 5798. Compensation to officers and others detecting smuggling—Whenever any officer of the customs or other person shall detect and seize goods, | Ch. 10) ź 5804 COLLECTION OF DUTIES UPON IMPORTS [Page 915] Wares, or merchandise, in the act of being Smuggled, or which have been smuggled, he shall be entitled to such compensation therefor as the Secretary of the Treasury shall award, not exceeding in amount One- half of the net proceeds, if any, resulting from Such seizure, after deducting all duties, costs, and Charges connected there with : Provided, That for the purpos- es of this act smuggling shall be COnStrued to mean the act, with intent to defraud, of bringing into the United States, or, with like intent, attempting to bring into the United States, dutiable articles without passing the same, or the package containing the same, through the custom house, or submitting them to the Officers of the revenue for examination. And When- ever any person not an officer of the United States shall furnish to a district attorney, or to any chief officer of the customs, original information concern- ing any fraud upon the customs-revenue, perpetrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or for- feiture incurred, whether by importers or their agents, or by any officer or person employed in the Customs-Service, such compensation may, on such re- COVery, be paid to such person so furnishing informa- tion as shall be just and reasonable, not exceeding in any Case the sum of five thousand dollars; which Compensation shall be paid, under the direction of the Secretary of the Treasury, out-of any money-ap- propriated for that purpose. (June 22, 1874, c. 391, § 4, 18 Stat. 186.) § 5799. Compulsory production of books, in- voice or paper—In all suits and proceedings other than Criminal arising under any of the revenue-laws Of the United States, the attorney representing the Government, whenever, in his belief, any business- book, invoice, or paper, belonging to or under the con- trol of the defendant or claimant, will tend to prove any allegation made by the United States, may make a Written motion, particularly describing such book, invoice, or paper, and setting forth the allegation Which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its dis- Cretion, issue a notice to the defendant or claimant to produce Such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, to- gether With a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original Inotices of Suit in the same court are served ; and if the defendant or claimant shall fail or refuse to pro- duce Such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfac- tion of the court. And if produced, the said attor- Iney shall be permitted, under the direction of the COUrt, to make examination (at which examination the defendant or claimant, or his agent, may be pres- ent) of Such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may Offer the same in evidence On behalf of the United States. But the owner of said books and pa- pers, his agent or attorney, shall have, Subject to the Order of the court, the custody of them, except pend- ing their examination in court as aforesaid. (June 22, 1874, c. 391, § 5, 18 Stat. 187.) Section held unconstitutional py Supreme Court in Boyd v. U. S., 6 Sup. Ct. 524, 116 U. S. 616, 29 L. Ed. 746. § 5800. Compexasation to informers—No pay- ment shall be made to any person furnishing informa- tion in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation Shall have been established to the Satisfaction of the Court Or judge having cognizance Of Such proceedings, and the value of his services duly certified by said Court or judge for the information of the Secretary of the Treasury; but no certificate of the value of such Services shall be conclusive of the amount thereof. And when any fine, penalty, or forfeiture shall be col- lected without judicial proceedings, the Secretary of the Treasury shall, before directing payment to any person claiming such compensation, require Satisfac- tory proof that such person is justly entitled thereto. (June 22, 1874, c. 391, § 6, 18 Stat. 187.) § 5801. Same; officers prohibited from receiv- ing—Except in cases of smuggling as aforesaid, it shall not be lawful for any officer of the United States, under any pretense whatever, directly or in- directly, to receive, accept, or contract for any por- tion of the money which may, under any of the pro- Visions of this or any other act, accrue to any such person furnishing information ; and any such officer who shall so receive, accept, or contract for any por- tion of the money that may accrue as aforesaid shall be guilty of a misdemeanor, and, on conviction there- Of, shall be liable to a fine not exceeding five thou- Sand dollars, or imprisonment for not more than One year, or both, in the discretion of the court, and Shall not be thereafter eligible to any office of honor, trust, or emolument. And any such person so furnish- ing information as aforesaid, who shall pay to any Such officer of the United States, or to any person for his use, directly or indirectly, any portion of said money, Or any other valuable thing, on account of or because of such money, shall have a right of action against-Such officer or—other—person, and his legal— representatives, to recover back the same, or the value thereof. (June 22, 1874, c. 391, § 7, 18 Stat. 187.) § 5892. Officers, informers, and defendants as witnesses—No officer, or other person entitled to Or Claiming compensation under any provision of this act, Shall be thereby disqualified from becoming a Witness in any action, suit, or proceeding for the re- Covery, mitigation, or remission thereof, but shall be Subject to examination and cross-examination in like manner with other witnesses, without being thereby deprived of any right, title, share, or interest in any fine, penalty, or forfeiture to which such examina- tion may relate; and in every such case the defend- ant Or defendants may appear and testify and be examined and cross-examined in like manner. (June 22, 1874, c. 391, § 8, 18 Stat. 188.) § 5803. Reports of violations of laws; dis- trict attorneys to prosecute—It shall be the duty Of any Officer or person employed in the customs- revenue Service of the United States, upon detection Of any violation of the customs-laws, forthwith to Imake COImplaint thereof to the collector of the dis- trict, whose duty it shall be promptly to report the Same to the district attorney of the district in which such frauds shall be committed. Immediately upon the receipt of such complaint, if, in his judgment, it can be sustained, it shall be the duty of such district attorney to cause investigation into the facts to be made before a United States Commissioner having ju- risdiction thereof, and to initiate pl’Oper proceedings to recover the fines and penalties in the premises, and to prosecute the same with the utmost diligence to final judgment. (June 22, 1874, c. 391, § 15, 18 Stat. 189.) § 5804. Compromise of ciairms—It shall not be lawful for any officer or officers of the United States to compromise or abate any claim of the United States arising under the customs laws, for any fine, penalty, or forfeiture incurred by a violation thereof; and any officer or person who shall so compromise.or abate any such claim, or attempt to make such coln- promise or abatement, or in any manner relieve or attempt to relieve from such fine, penalty, or forfei- ture, shall be deemed guilty of a felony, and, on con- Viction thereof, shall suffer imprisonment not exceed- ing ten years, and be fined not exceeding ten thou- . sand dollars: Provided, however, That the Secretary of the Treasury shall have power to remit any fines, penalties, or forfeitures, or to compromise the same, in accordance with existing law. (June 22, 1874, C. 391, § 19, 18 Stat. 190.) 3 5805 (Tit. 34 COLLECTION OF DUTIES UPON IMPORTS [Page 916] § 5805. Dismissal of proceedings—Nothing in the nineteenth section of the act entitled “An Act to amend the customs-revenue laws, and to repeal moie- ties,” approved June twenty-second, eighteen hundred and Seventy-four, shall be construed to affect any authority, power, or right which might theretofore have been lawfully exercised by any court, judge, or district attorney of the United States to obtain the testimony of an accomplice in any crime against, or fraud upon the customs-revenue laws, on any trial or proceeding for a fine, penalty, Or forfeiture under Said laws, by a discontinuance or dismissal, or by an engagement to discontinue or dismiss any proceed- ings against Such accomplice. (Jan. 22, 1875, c. 22, 18 Stat. 303.) See § 5804. § 5806. No exemption from taking other oaths—Nothing contained in this Title shall be con- Strued to exempt the masters Or Owners Of Vessels from making and subscribing any oaths required by any laws of the United States not immediately relat- ing to the collection of the duties on the importation §o * into the United States. (R. S. § 4. -> Chapter Eleven—Provisions Applying to Commerce with Contiguous Countries Sec. 5807. Manner of importation. 5808. Vessels and vehicles. 5809. Entry on northern and northwestern frontiers. 5810. Delivery of manifests. 5811. Same; penalty for non-delivery. 5812. Inspection of merchandise. 5813. Same; penalty for obstructing. 5814. Sealing cars and vessels. e 5815. Same; regulations. 5816. Penalty for not proceeding to port of destination. 5817. Penalty for opening sealed packages. 5818. Forfeitures. 5819. Buildings on boundary-line; searches. 5820. Same; penalty for receiving into. Ö821. Report by masters of foreign vessels. 5822. Forfeiture for transportation by foreign vessels. 5823. Report of sea-stores. 5824. Duty on excess of stores. 5825. Duty on saloon stores. 5826. Duty on equipments for vessels. 5827. Remission for necessary repairs. 5828. Manifests of vessels in coasting trade. 5829. Fintry for goods taken or delivered at intermediate ports. 5830. Departure for place where no custom-house. 5831. Report and unlading of cargoes. 5832. Time for delivery of merchandise taken from one port to another; coasting-trade. 5833. Landing permit for vessel from foreign port. 5834. Departure from place where there is no custom-house. 5835. Steam-tugs. 5836. Forms. 5837. Penalty for neglect. 5838. Registered vessels touching at foreign ports. 5839. Same; no duty by reason thereof. 5840. Lake Champlain. 5841. Entry of vessels from British North American Provinces. § 5807. Manner of importation—Except in the districts on the northern, northwestern, and western boundaries of the United States, adjoining to the DO- minion Of Canada. Or into the districts adjacent to Mexico, no merchandise of foreign growth or manu- facture Subject to the payment of duties shall be brought into the United States from any foreign port in any other manner than by Sea, nor in any vessel of less than thirty net register tons, Or landed Or un- laden at any other port than is directed by law, under the penalty Of Seizure and forfeiture of all Such ves- sels and of the merchandise imported therein, laden or unladen in any other manner. (R. S. § 3095, amended, April 27, 1904, c. 1625, § 1, 33 Stat: 362.) § 5808. Vessels and vehicles—All persons may import any merchandise of which the importation shall not be entirely prohibited, into the districts which are or may be established on the northern and northwestern boundaries of the United States, in ves- sels or boats of any burden, and in rafts or carriages of any kind or nature whatsoever. (R. S. § 3096.) § 5809. Entry on northern and northwestern frontiers—All vessels, boats, rafts, and carriages, of what kind soever, arriving in such districts, on the northern and northwestern frontiers, containing mer- chandise subject to duties, on being imported into any port of the United States, shall be reported to the collector, or other chief officer of the customs at the port of entry in the district into which it shall be so imported; and such merchandise shall be acCOm- panied with like manifests, and like entries shall be made, by the persons having charge Of any Such VeS- sels, boats, rafts, and carriages, and by the OWImerS Or consignees of the merchandise laden. On board the same; and the powers and duties of the officers of the customs shall be exercised and discharged in the dis- tricts last mentioned, in like manner as is prescribed in respect to merchandise imported in Vessels from the sea ; and generally, all such importations Shall be subject to like regulations, penalties, and forfeitures as in other districts, except as is hereinafter Specially provided. (R. S. § 3097.) § 5810. Delivery of manifests—The master of any vessel, except registered vessels, and every per- son having charge of any boat, canoe, or raft, and the conductor or driver of any carriage or sleigh, and every other person, coming from any foreign territory adjacent to the United States into the United States, with merchandise subject to duty, shall deliver, imme- diately on his arrival within the United States, a manifest of the cargo or loading of such vessel, boat, canoe, raft, carriage, or sleigh, or of the merchandise so brought from such foreign territory, at the Office of any collector or deputy collector which shall be nearest to the boundary-line, or nearest to the road or waters by which such merchandise is brought; and every such manifest, shall be verified by the Oath of Such person delivering the same ; which oath shall be taken before such collector Or deputy CollectOr; and Such Oath shall state that such manifest Contains a full, just, and true account of the kinds, quantities, and values of all the merchandise so brought from such foreign territory. (R. S. § 3098.) § 5811. Sarne; penalty for non-delivery—If the master, or other person having charge of any ves- sel, boat, canoe, or raft, or the conductor or driver of any carriage or sleigh, or other person 'bringing such merchandise, shall neglect or refuse to deliver the manifest required by the preceding Section, Or pass by or avoid such office, the merchandise Subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, Canoe, or raft, the tackle, apparel, and furniture of the same, Or the Carriage or sleigh, and harness and Cattle draw- ing the same, or the horses with their saddles and bridles, as the case may be ; and Such master, Con- ductor, or other importer shall be subject to a pen- alty of four times the value of the merchandise SO imported. (R. S. § 3099.) § 5812. Inspection of merchandise—All mer- chandise, and all baggage and effects of passengers, and all othor articles imported into the United States from any contiguous foreign COUntry, except as here- after provided, as well as the vessels, cars, and other vehicles and envelopes in which the same shall be imported, shall be unladen in the presence Of, and be inspected by, an inspector or other officer of the Cus- toms, at the first port of entry or custom-house in the United States where the same shall arrive ; and to enable the proper officer thoroughly to discharge this duty, he may require the Owner or his agent, or other person, having charge or possession of any trunk, traveling-bag, or sack, valise, or Other Cnvelope, or Of any closed vessel, car, or other vehicle, to Open the same, or to deliver to him the proper key. (R. S. § 3100, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319, and Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) § 5813. Same; penalty for obstructing—If any owner, agent, or other person shall refuse or neg- lect to comply with his demands, allowed by the pre- ceding section, the officer shall retain such trunk, Ch. 11) 3 5822 COLLECTION OF DUTIES UPON IMPORTS [Page 917] traveling-bag, or sack, valise, or whatsoever it may be, and Open the same, and, as soon thereafter as may be practicable, examine the contents; and if any ar- ticle subject to the payment of duty shall be found therein, the whole contents, together with the enve- lope, shall be forfeited to the United States, and dis- posed of as the law provides in other similar cases. If any such dutiable merchandise or article shall be found in any such vessel, car, or other vehicle, the Owner, agent, or other person in charge of which shall have refused to open the same or deliver the key as herein provided, the same, together with the vessel, Car, or other vehicle, shall be forfeited to the United States, and shall be held by such officer, to be dis- posed of as the law provides in other similar cases of forfeiture. (R. S. § 3101.) § 5814. Sealing cars and vessels—To avoid the inspection at the first port of arrival, the owner, agent, master, or conductor of any such vessel, Car, Or Other vehicle, or owner, agent, or other person having Charge of any such merchandise, baggage, effects, Or Other articles, may apply to any officer of the United States duly authorized to act in the premises, to seal or close the same, under and according to the regu- lations hereinafter authorized, previous to their im- ºportation into the United States; which officer shall seal or close the same accordingly; whereupon the same may proceed to their port of destination with- out further inspection. Every such vessel, car, Or other vehicle, shall proceed, without unnecessary de- lay, to the port of its destination, as named in the manifest of its cargo, freight, Or Contents, and be parcel, or anything whatsoever, under and by virtue Of this Title and regulations authorized by it, or any Other law, or shall affix Or attach, or any way Will- fully aid, assist, or encourage the affixing or attach- ing, by wire Or otherwise, to any vessel, car, Or Oth- er Vehicle, or to any crate, box, bale, barrel, bag, basket, bundle, cask, package, parcel, article, or thing Of any kind, any seal, lead, metal, or anything pur- porting to be a seal authorized by law, such person Or persons shall be deemed guilty of felony, and shall be imprisoned for a term not exceeding five years, or shall pay a fine of not exceeding one thousand dol- lars, Or both, at the discretion of the Court. (R. S. § 3105, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) § 5818. Forfeitures—Each vessel, Car, or Other Vehicle, crate, box, bag, basket, barrel, bundle, cask, trunk, package, parcel, or other thing, with the cargo, Or contents thereof, from which the wire, seal, lead, lock, or other fastening or mark shall have been broken, cut, picked, opened, or removed by any such unauthorized person or persons, or to which such seal, Or Other thing purporting to be a seal, has been wrongfully attackretſ, shall be forfeited. (R. S. § 3106.) § 5819, Buildings on boundary-line; searches store, Warehouse, or other building shall be r near the boundary-line between the United Orf has been placed therein or carried through or into Whe same without payment of duties, and in violation of law, and the collector, deputy collector, naval Officer, or surveyor of customs, shall make Oath be- there inspected. Nothing contained in this section, shall be construed to exempt such vessel, car, Oſº vehicle, or its contents, from such examination as mayy be necessary and proper to prevent frauds upon ſtbe revenue and Violations of this Title. (R. S. § 3;{02.) § 5815. Same; regulations—The Secretary of the Treasury is hereby authorized and required to make such regulations, and from time to time ; SO to change the same as to him shall seem necessarty and proper, for sealing such vessels, cars, and othfer ve- hicles, when practicable, and for Sealing, marking, and identifying such merchandise, baggage, effects, trunks, traveling-bags, or sacks, valises, and Other envelopes and articles; and also in regard to invoices, \mani- fests, and other pertinent papers, and their authenti- cation. (R. S. § 3103.) § 5816. Penalty for not proceeding to poist of destination—If the Owner, master, or person", in charge of any vessel, Car, or other vehicle so sea &d, shall not proceed to the port or place of destinatiois thereof named in the manifest of its cargo, freight, or contents, and deliver such vessel, car, or vehicle to the proper officer of the customs, or shall dispose of the same by sale or otherwise, or shall unload the same, or any part thereof, at any other than such port, or place, or shall sell or dispose of the con- tents of such vessel, Car, Or Other Vehicle, Or any part thereof, before such delivery, he shall be deem- ed guilty of felony, and on conviction thereof, before any court of competent jurisdiction, pay a fine not exceeding one thousand dollars, Or Shall be impris- oned for a term not exceeding five years, or both, at the discretion of the court; and Such vessel, car, or other vehicle, with its contents, shall be forfeited to the United States, and may be seized wherever found within the United States, and disposed of and Sold as in other cases of forfeiture. Nothing in this sec- tion, however, shall be Construed to prevent sales of cargo, in whole or in part, prior to arrival, to be de- livered as per manifest, and after due inspection. (R. S. § 3104.) § 5817. Penalty for opening sealed packages —If any unauthorized perSon or persons shall Will- fully break, cut, pick, Open, or remove any wire, Seal, lead, lock, or other fastening or mark attached to any vessel, car, or other vehicle, Crate, box, bag, bale, basket, barrel, bundle, Cask, trunk, package, Or # fore any magistrate competent to administer the Same, that he has reason to believe, and does believe, that such offense has been therein committed, such Officer shall have the right to search such building and the premises belonging thereto; and if any Such merchandise shall be found therein, the same, together with such building, shall be seized, forfeited, and disposed of according to law, and the building shall be forthwith taken down or removed. (R. S. § 3107.) § 5820. Same; penalty for receiving into— Any person who shall have received or deposited in Such building upon the boundary-line between the United States and any foreign country, or carried through the same, any merchandise, or shall have aided therein, in violation of law, shall be punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than two years, or by both. (R. S. § 3108.) § 5821. Report by masters of foreign vessels \--The master of any foreign vessel, laden or in bal- last, arrºwing, whether by sea or otherwise, in the waters of the United States from any foreign terri- tory adjacent to the northern, northeastern, Or north- Western frontiers of the United States, shall report at the office of any collector or deputy collector of the Customs, which shall be nearest to the point at Which Such vessel may enter Such waters; and Such vessel shall not transfer her cargo or passengers to another vessel or proceed farther inland, either to unlade Or take in cargo, without a special permit from such collector, or deputy collector, issued under and in accordance with such general or special regulations as the Secretary of the Treasury may, in his discre- tion, from time to time prescribe. This section shall also apply to trade with or through AIaska. For any Violation. Of this Section such vossel shall be seized and forfeited. (R. S. § 3109, amended, Feb. 17, 1898, c. 26, § 4, 30 Stat. 248.) $’ 5822. Forfeiture for transportation by for- eign vessels—If any merchandise shall, at any port in the United States on the northern, northeastern, or northwestern frontiers thereof, be laden upon any ves- sel belonging wholly or in part to a subject of a for- eign country, and shall be taken thence to a foreign port to be reladen and reshipped to any other port in the United States on such frontiers, either by the ź 5823 (Tit. 34. COLLECTION OF DUTIES UPON IMPORTS IPage 918.] same or any other vessel, foreign or American, with intent to evade the provisions relating to the trans- portation of merchandise from one port of the United States to another port of the United States, in a ves- sel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such last-named port, be seized and forfeited to the United States, and the vessel shall pay a tonnage- duty of fifty cents per ton on her admeasurement. (R. S. § 3110.) - § 5823. Report of sea-stores—If any Vessel en- rolled or licensed to engage in the foreign and coast- ing trade on the northern, northeastern, and north- western frontiers of the United States shall touch at any port in the adjacent British provinces, and the master of such vessel shall purchase any mer- chandise for the use of the vessel, the master of the vessel shall report the same, with cost and quantity | thereof, to the collector or other officer of the customs at the first port in the United States at which he shall next arrive, designating them as “sea-stores;” and in the oath to be taken by such master of such vessel, on making such report, hē Shall, declare that the articles so specified or designated “sea- - If any other or greater quantity of dutiable articles shall be found. On board Such vessel than are Speci in such report or entry of such articles, or any payrt thereof shall be landed without a permit from a CO lector or other officer of the customs, such articles,' together with the vessel, her apparel, tackle, and fur- niture, shall be forfeited. (R. S. § 3111.) § 5824. Duty on excess of stores—If, upon ex- amination and inspection by the collector or other Officer of the customs, such articles are not deemed excessive in quantity for the use of the vessel, until an American port may be reached by such vessel, where Such sea-stores Can be obtained, such articles shall be declared free of duty; but if it shall be found that the quantity or quantities of such articles, or any part thereof so reported, are excessive, it shall be lawful for the COllectOr Or Other Officer Of the Customs to estimate the amount of duty on such ex- cess, which shall be forthwith paid by the master of the vessel, on penalty of paying a sum of not less than One hundred dollars, nor more than four times the value of such excess, or such master shall be pun- ishable by imprisonment for not less than three” months, and not more than two years. (R. S. § 3112.) § 5825. Duty on saloon stores—Articles pur- chased for the use of or for sale on board any such vessel, as saloon stores or supplies, shall be deemed merchandise, and shall be liable, ºbſºn pur&rased at a foreign port, to entry and the payment of the du- ties found to be due thereon, at the first port of ar- rival Of Such vessel in the United States; and for a failure on the part of the saloon-keeper or person purchasing or owning such articles to report, make entries and pay duties, as hereinbefore required, such articles, together with the fixtures and other mer- chandise, found in such saloon or on or about such vessel belonging to and owned by such saloon-keeper or other persons interested in such saloon, shall be seized and forfeited, and such saloon-keeper or other perSon SO purchasing and owning shall be liable to a penalty of not less than One hundred dollars and not more than five hundred, and shall be punishable by imprisonment for not less than three months, and not more than two years. (R. S. § 3113.) § 5826. Duty on equipments for vessels—The equipments, or any part thereof, including boats, pur- Chased for, or the expenses of repairs made in a foreign COUntry upon a vessel enrolled and licensed under the laws of the United States to engage in the foreign and coasting trade on the northern, north- eastern, and northwestern frontiers. Of the United States, or a vessel intended to be employed in such trade, Shall, on the first arrival of such vessel in \ any port of the United States, be liable to entry and the payment of an ad-valorem duty of fifty per Cen- tum on the COS't thereof in Such foreign country ; and if the owner or master of such vessel shall will- fully and knowingly neglect or fail to report, make entry, and pay duties as herein required, Such VeS- sel, with her tackle, apparel, and furniture, shall be seized and forfeited. (R. S. § 3114.) - § 5827. Remission for necessary repairs-If the OWner or master of Such vessel Shall, however, furnish good and sufficient evidence that such vessel, while in the regular Course of her voyage, Was COm- pelled, by stress of weather or other casualty, to put into such foreign port and purchase such equip- ments, or make such repairs, to secure the Safety of the vessel to enable her to reach her port of destina- tion, then it shall be competent for the Secretary of the Treasury to remit or refund such duties, and such vessel shall not be liable to forfeiture, and no ... license or enrollment and license, or renewal of ei- ther, shall hereafter be issued to any such vessel until the collector to whom application is made for the same shall be satisfied, from the oath of the own- er or master, that all such equipments and repairs made within the year immediately preceding sūth. application have been duly accounted for under the provisions of this and the preceding Sections, and the duties accruing thereon duly paid ; and if Such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and for- feited. (R. S. § 3115.) . - § 5828. Manifests of vessels in coasting trade S-The master of every vessel enrolled or licensed to exºgage' in the foreign and coasting trade on the noºthern, northeastern, and northwestern frontiers of the A United States, except canal-boats employed in navigating the Canals within the United States, Shall, before,” the departure of his vessel from a port in one cºpllection-district to a port in another collection- district, present to the collector at the port of de- parture duplicate manifests of his cargo, or, if he ho cargo, duplicate manifests setting forth that to by the master before the collector, who shall in- dorse ithereon his certificate of clearance, retaining liver for the use of the master. (R. S. § 3116.) - 829. Entry for goods taken or delivered at ifntermediate ports—If any vessel so enrolled or lice/nsed shall touch at any intermediate port in the Uſited States, and there discharge cargo taken on *board at an American port, or at such intermediate ports shall take on board Cargo destined for an American port, the master of Such vessel shall not be required to report Such lading or unlading at Such intermediate ports, but Shall enter the same On his manifest obtained at the Original port of departure, which he shall deliver to the collector of the port at which the unlading of the cargo is completed, with- in twenty-four hours after arrival, and shall subscribe and make Oath as to the truth and correctness of the same. (R. S. § 3117.) .* - § 5830. Departure for place where no cus- tom-house—The master of any vessel so enrolled or licensed shall, before departing from a port in one Collection-district to a place in another collection- district, where there is no Custom-house, file his manifest, and obtain a clearance in the same man- ner, and make Oath to the manifest, which manifest and clearance shall be delivered to the proper offi- Ger Of Customs at the port at which the vessel next arrives after leaving the place of destination speci- fied in the clearance. (R. S. § 3118.) - § 5831. Report axld uniading of cargoes— Nothing contained in the three preceding sections shall exempt masters of vessels from reporting, as now required by law, any merchandise destined for any foreign port. No permit shall be required for Ch. 11) # 5841 COLLECTION OF DUTIES UPON IMPORTS IPage 9191 the unlading of cargo brought from an American port. (R. S. § 3119.) . § 5832. Time for delivery of merchandise taken from one port to another; coasting trade —No merchandise taken from any port in the United States on the northern, northeastern, or northwest- ern frontiers thereof, to a port in another collection- district of the United States on such frontiers, in any vessel, shall be unladen or delivered from such vessel within the United States, but in Open day, that is to say, between the rising and setting of the sun, except by special license from the collector or other principal officer of the port for the purpose. The Owner of every vessel whose maaster or manager shall neglect to comply with the provisions Of this section shall be liable to a penalty of not less than One hundred dollars nor more than five hundred. The Secretary of the Treasury may, from time to time, make such regulations as to him shall Seem. necessary and expedient for unloading at and Clear- ance from any port or place on such frontiers of ships or vessels at night. And that the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to make such regulations as shall enable vessels engaged in the Coasting-trade between portS and places upon Lake Michigan exclusively, and lad- en with American productions and free merchandise only, to unlade their cargoes without previously ob- taining a permit to unlade. (R. S. § 3120, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) § 5833. Landing permit for vessel from for- eign port—The master Of any vessel with Cargo, pas- sengers, or baggage from any foreign port, Shall Ob- tain a permit and comply with existing laws, before. discharging or landing the same. (R. S. § 3121.) § 5834. Departure from place where there is no custom-house—The master of any VeSSel SO en- rolled or licensed, destined with a cargo from a place in the United States, at which there may be no cus- tom-house, to a port where there may be a custom- house, shall, within twenty-four hours after arrival at the port of destination, deliver to the proper of ficer of the Customs a manifest, Subscribed by him, setting forth the cargo laden at the place of de- parture, or laden or unladen at any intermediate port, or place, to the truth of which manifest he shall make Oath before such Officer. If the vessel, however, have no cargo, the master shall not be re- quired to deliver such manifest. (R. S. § 3122.) § 5835. Steam-tugs–Steam-tugs and licensed to engage in the foreign and coasting trade On the northern, northeastern, and northwest- ern frontiers of the United States, when exclusively employed in towing vessels, shall not be required to report and clear at the custom-house. When such steam-tugs, however, are employed in towing rafts Or Other vessels without Sail Or Steam motive-power, not required to be enrolled Or licensed under exist- ing laws, they shall be required to report and clear in the same manner as is hereinbefore provided in similar cases for other vessels. (R. S. § 3123.) § 5836. Forms—The manifests, certificates of clearance, and oaths, provided for by the eight pre- Ceding sections, shall be in such form, and prepared, filled up, and executed in such manner as the Secre- tary of the Treasury may from time to time prescribe. (R. S. § 3124.) § 5837. Penalty for neglect—If the master of any enrolled or licensed vessel shall neglect or fail to Comply with any of the provisions or requirements Of the nine preceding Sections, such master shall for- feit and pay to the United States the sum of twenty any district court of the United States. duly enrolled dollars for each and every failure or neglect, and for Which Sum the vessel shall be liable, and may be Summarily proceeded against; by way of libel, in (R. S. § 3125.) § 5838. Registered vessels touching at foreign ports-Any vessel, on being duly registered in pur- Suance of the laws of the United States, may engage in trade between one port in the United States and One or more ports within the same, with the privi- lege of touching at one or more foreign ports during the Voyage, and land and take in thereat merchan- dise, passengers and their baggage, and letters, and mails. All such vessels shall be furnished by the Collectors of the ports at which they shall take in their cargoes in the United States, with certified manifests, setting forth the particulars of the car- goes, the marks, number of packages, by whom ship- ped, to whom consigned, at what port to be delivered ; designating such merchandise as is entitled to draw- back, Or to the privilege of being placed in ware- house ; , and the masters Of all such vessels shall, On their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the Jaws pro- viding for the delivery of manifests of Cargo and passengers taken on board at such foreign port, and all other laws regulating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed. (R. S. § 3126.) § 5839. Same; no duty by reason thereof— Any foreign merchandise taken in at one port of the United States to be conveyed in registered vessels to any other port within the same, either under the pro- visions relating to warehouses, or under the laws regulating the transportation coastwise of merchan- dise entitled to drawback, as well as any merchan- dise not entitled to drawback, but on which the im- port duties chargeable by law shall have been duly. paid, Shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the Voyage. (R. S. § 3127.) § 5840. Iake Champiaim—When any merchan- dise shall be imported from Canada into the United States, in any steamboat on Lake Champlain, and the merchandise shall have been duly entered, the duties thereon paid at the Office of the collector of any dis- trict adjoining Lake Champlain, it shall be lawful to land Such merchandise in the same or any Other dis- trict adjoining Lake Champlain. (R. S. § 3128.) § 5841. Entry of vessels from British North American Provinces—The Secretary of the Treas- ſury, with the approbation of the President, provided the latter shall be satisfied that similar privileges are extended to Vessels Of the United States in the Colo- nies hereinafter mentioned, is hereby authorized, un- der such regulations as he may prescribe, to protect the revenue from fraud, to permit vessels laden with the products of Canada, New Brunswick, Nova Scotia, Newfoundland, and Prince Edward Island, or either of them, to lade or unlade at any port within any col- lection-district of the United States which he may designate ; and if any such vessel entering a port so designated, to lade or unlade, shall neglect Or refuse to comply with the regulations so prescribed by the Secretary of the Treasury, Such vessel, and the Owner and master thereof, shall be Subject to the same pen- alties as if no authority under this section had been granted to lade or unlade in such port. (R. S. § 3129.) (R. S. §§ 3130–3139. Omitted.) No sections numbered 3130–3139 were contained in the Revised Statutes: Title XXXV, “Internal Revenue,” im- mediately following, begins with section 3140. TITLE XXXV-INTERNAL REVENUE Chap 1. Chapter One—Officers of Internal Rev- Sec. 5842. 5843. 5844. 5845. 5846. 5847. 5848. 5849. e Sec. Officers of internal revenue. . . . . . . . . . . . . . . . . . . . 5842 Of assessments and collections. . . . . . . . . . . . . . . . . 5895 Special taxes. . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . . . . 5965 Distilled spirits and wines. . . . . . . . . . . . . . . . . . . . . 5981 Fernmented liquors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.38 . Sirups, extracts, soft drinks, mineral waters and carbonic acid gas. . . . . . . . . . . . . . . . . . . . . . 6161/2a Tobacco and snuff. . . . . . . . . . . s e s e e s p & e e o e s e º e º 'º e 6.162 Cigars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.97 Oleomargarine, adulterated butter, and pro- cess or renovated butter. . . . . . . . . . . . . . . . . . . . . 6215 Filled cheese. . . . . . . . . . . . . . . . . . . . . . e e º e s tº º tº º º & & © 6242 Mixed flour. . . . . . . . . . . . . . . . . tº e º e e s e is e º e º º . . . . . . 6258 White phosphorus matches. . . . . . . . . . . . . . . e 6271 Opium for smoking . . . . . . . . . . . . . . . . . tº e º s is tº * * * * * 6287a Opium, coca leaves, and compounds, manu- facturers, etc., thereof... . . . . . . . . . . . . . . . . . . . . 62879 Banks and bankers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6288 Chap. \ Sec. 8A. Special excise tax on corporations. . . . . . . . . . . . . 6300. €Illle “State” and “person” defined. Collection districts. Number of districts and collectors. Hawaii; collection district; collector. Collectors; appointment. - Same; bonds. Same; disbursing agents. Same; deputies; compensation; and expenses. Same; allowances for expenses. Same; adjustment of accounts. Same; detail of deputies for special duty. Same; certificate as to reports before payment to. Same; disability or vacancy in office of. Same; when deputy entitled to collector's Salary. Internal revenue agents. Same; limitation of number. Same; additional agents. Same; additional agents. Same; additional agents. Same; additional agents. Satme; additional agents. Same; additional agents. Same; limit of compensation; Same; compensation; agents amining accounts. Employés engaged in field work; diełłł. Store-keepers; salaries. - Same; assignment' and transfer. Same; temporary store-keeper. Gaugers. Same; fees. Same; limit of compensation. Same; compensation for gauging fruit brandy, or when detailed for special duty. allowances for salaries per diem. assigned to duty of ex- posts of duty; per Store-keepers and gaugers; compensation; performancé of duties by one officer. Storel{eeper-gauger’s compensation. Compensation of storekeepers at small distilleries; storekeeper-gaugers. Storekeepers, gaugers and storekeeper-gaugers; pensation at small distilleries. Same; when traveling. Duties of storekeeper-gauger; bond. Assignment to duty and transfer of gaugers. Detail of gaugers and others for duty in other districts; accounts. Leaves Of absence; keeper-gaugers. Same; 1mternal revenue agents. Limit of number of revenue. Officers. Statement under oath of fees; penalty. Officers in charge of exportations and drawbacks. Superintendents of exports and drawbacks may admin- ister Oath.S. Transfer or suspension of officers. Duties of collectors and agents. Same; reports of violations of law. Revenue officers; administering oaths and taking evi- dence. Same; making seizures. Same; disclosing operations of manufacturers. Same; interest in manufactures. Same; extortion, receiving unlawful fees, and other un- lawful acts. Same; laws imposing fines applicable to. Issuing Stamps before payment. Meaning of “Revised Statutes.” CODOl- to storekeepers, gaugers, and store- 8.B. Excise tax on dealings in cotton futures. . . . . . 6309a 8C. Transportation facilities by public utilities... 6309/ga , 8D. Insurance policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6309/.4a 8E. Theater, etc., admissions and club dues or fees . . . . . . . . . . . . . . . . . . . . • * * * * * * * * e g º e º º e º e s - 6309/2a 8F. Miscellaneous articles. . . . . . . . . . . . . . . . . . . . . . . . .6309%a 9. Stamp-taxes on specific objects. . . . . . . . . . . . . . . . 6310 - 9A. Incomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6319 9B. Munition manufacturer’s tax. . . . . . . . . . . . . . . . . .6336/4a 9C. Excess profits tax. . . . . . . . . . . . . . . . . . . e e º e s e º e e 6336%a 10. Legacies and successions. . . . . . . . . . . . . . . . . . . . . . 10A. Estate tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6336/2a 11. Provisions common to several objects of tax- ation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6337 1 1A. Increase of internal revenue. . . . . . . . . * e º e º ºs e e º e 6371 a 11.B. War revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6371/3a Sec. 5893. Accepting or demanding anything for compromise of vi- olation of laws. 5894. Suing for injuries by officers. § 5842. “State” and ‘‘person” defined—The Word “State,” when used in this Title, shall be con- Strued to include the Territories and the District of Columbia, where such construction is necessary to car- ry Out its provisions. And where not otherwise dis- tinctly expressed or manifestly incompatible with the intent thereof, the word “person,” as used in this title, Shall be construed to mean and include a partnership, aSSOCiation, company, or corporation, as well as a natural person. (R. S. § 3140, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) § 5843. Collection districts—For the purpose of aSSessing, levying, and collecting the taxes provided by the internal-revenue laws, the President may es- tablish Convenient collection-districts, and for that purpose he may subdivide any State, Territory, or the District Of Columbia, or may unite two or more States Or Territories into one district, and may from time to time alter said districts: Provided, That the number Of districts in any State Shall not exceed the number Of Representatives in Congress to which Such State was entitled in the Thirty-seventh Congress, except in Such states as were entitled to an increased repre- sentation in the Thirty-eighth Congress, in which States the number of districts shall not exceed the number of Representatives to which any such State was so entitled: And provided further, That in the State of California the President may establish a number Of districts not exceeding the number of Sen- atOrS and Representatives to which said State was en- titled, in the Thirty-seventh Congress. (R. S. § 3141, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) § 5844. Number of districts and collectors— On and after October first, nineteen hundred and four- teen, the whole number Of Collection districts for the Collection of internal revenue and the Whole number Of Collectors Of internal revenue Shall not exceed sixty-four. (July 16, 1914, c. 141, § 1, 38 Stat. 475.) § 5845. Hawaii; collection district; collector —The Territory of Hawaii shall constitute a district for the collection of the internal revenue of the United States, with a collector, whose office shall be at Hono- lulu, and deputy collectors at such other places in the several islands as the Secretary of the Treasury shall direct. (April 30, 1900, c. 339, § 87, 31 Stat. 158.) § 5846. Collectors; appointment—The Presi- dent, by and with the advice and consent of the Sen- ate, shall appoint for each collection-district a Col- lector, who shall be a resident of the same. When two or more collection-districts are united by him, he may designate from among the existing Officers of such districts one collector for the new district, Or, [Page 92.01 Ch. 1) # 5854 INTERNAL REVENUE [Page 921] at his discretion, he may make a new appointment of such officer for said district. (R. S. § 3142) § 5847. Same; bornds—Every Collector, before en- tering upon the duties of his Office, Shall execute a bond for Such amount as may be prescribed by the Commissioner of Internal Revenue, under the direc- tion of the Secretary of the Treasury, with not less than five sureties, to be approved by the Solicitor of the Treasury, conditioned that said collector shall faithfully perform the duties of his Office according to law, and shall justly and faithfully account for and pay over to the United States, in compliance with the Order or regulations of the Secretary Of the Treas- ury, all public moneys which may come into his hands or possession ; and he shall, from time to time, renew, strengthen, and increase his official bond, as the Sec- retary of the Treasury may direct, with Such further Conditions as the said Commissioner shall prescribe; and he shall execute a new bond whenever required so to do by the Secretary of the Treasury, with such con- ditions as may be required by law or prescribed by the Commissioner of Internal Revenue, with not less than five sureties; which new bond shall be in lieu of any former bond or bonds of Such collector in respect to all liabilities accruing after the date of its approv- al by the Solicitor of the Treasury. Said bonds shall be filed in the office of the First Comptroller of the Treasury. (R. S. § 3143, amended, March 1, 1879, c. 125, § 2, 20 Stat. 327.) § 5848. Same; disbursing agents—It shall be the duty Of collectors of internal revenue to act as disbursing agents of the Treasury for the payment of all expenses of Collection of taxes and other expendi- tures for the internal-revenue service within their re- spective districts, under regulations and instructions from the Secretary of the Treasury, on giving good and Sufficient bond, with such sureties, in Such form, and in such penal sum, as shall be prescribed by the First Comptroller of the Treasury, and approved by the Secretary of the Treasury, for the faithful per- formance of their duties as such disbursing agents; but no additional compensation shall be paid to col- lectors for Such Services. March 1, 1879, c. 125, § 2, 20 Stat. 328.) - (R. S. § 3145. Superseded.) This section provided for the compensation of collectors by salaries and commissions, and for the payment of charges for advertising, stationery, blank books, and post- age, and for further allowances. It was superseded by the provisions for the same purposes made by sections 12, 13, Act Feb. 8, 1875, c. 36, as amended by Act March 1, 1879, c. 125, § 2 (§§ 5849, 5850). Provisions for equalizing and reducing the aggregate of allowances under this sec- tion, made by Act March 3, 1877, c. 102, § 1, 19 Stat. 303, were also superseded by said amendment. . § 5849. Same; deputies; compensation; al- lowances for salaries and expenses—Each Collector of internal revenue shall be authorized to appoint, by an instrument in writing under his hand, as many dep- uties as he may think proper, to be compensated for their services by such allowances as shall be made by the Secretary of the Treasury, upon the recommenda- tion of the Commissioner of Internal Revenue. AllOW- ances shall also be made in like manner for Salary and office expenses of collectors, all of which shall be in lieu of the salary and commissions heretofore pro- vided by law: Provided, however, That the salaries Of Collectors Shall be fixed at two thousand dollars each per annum where the annual Collections amount to twenty-five thousand dollars or less, and shall, by the Secretary, on the recommendation of the Commis- sioner, be graduated up to the maximum limit of four thousand five hundred dollars; which latter sum shall be allowed in all cases where the collections amount to One million of dollars or upward ; and the collec- tor shall have power to revoke the appointment of any Such deputy, giving such notice thereof as the Commis- Sioner of Internal Revenue may prescribe, and to require and accept bonds or other securities from any deputy ; and actions upon such bonds may be brought in any appropriate district or circuit court of the Unit- (R. S. § 3144, amended, . ed States; which courts are hereby given jurisdiction of Such actions concurrently with the courts of the Several States. Each such deputy shall have the like authority in every respect to collect the taxes levied . Or assessed within the portion of the district assigned to him which is by law vested in the collector himself; but each collector shall, in every respect, be responsi- ble, both to the United States and to individuals, as the Case may be, for all moneys collected, and for every act done or neglected to be done, by any of his deputies while acting as such. (Feb. 8, 1875, c. 36, § 12, 18 Stat. 309, amended, March 1, 1879, c. 125, § 2, 20 Stat. 329.) Current appropriation for salaries and expenses, see Act. March 3, 1917, c. 163, § 1, 39 Stat. 1090. $ 5850. Same; allowances for expenses—There , shall be further paid, after the account thereof has been rendered to and approved by the proper Officers of the Treasury, to each collector, his necessary and reasonable charges for advertising, stationery, and blank books used in the performance of his official duties, and for postage actually paid on letters and documents received or sent and exclusively relating to official business, but no such account shall be ap- proved or allowed unless it states the date and the par- ticular items of every such expenditure, and shall be verified by the oath of the collector; Provided, That the Secretary of the Treasury, On the recommenda- tion of the Commissioner of Internal Revenue, be au- thorized to make such further allowances, from time to time, as may be reasonable, in cases in which, from the territorial extent of the district, or from the amount of internal duties Collected, it may seem just to make such allowances; but no such allowance shall be made if more than one year has elapsed since the Close of the fiscal year in which the services were rendered. But the total net Compensation. Of a CollectOr shall not in any case exceed four thousand five hun- dred dollars a year; and no collector shall be enti- tled to any portion of the salary pertaining to the office unless. Such collector shall have been confirmed by the Senate, except in cases of Commissions to fill vacancies occurring during the recess of the Senate. (Feb. 8, 1875, c. 36, § 13, 18 Stat. 309, amended, March 1, 1879, c. 125, § 2, 20 Stat. 330.) - $ 5851. Same; . adjustment of accounts—In ad- justing the accounts of Collectors, accruing after June thirtieth, eighteen hundred and sixty-four, and in the payment of their compensation for services, the fiscal year of the Treasury shall be observed. (R. S. § 3146.) $ 5852. Same; detail of deputies for special duty—The Commissioner of Internal Revenue is au- thorized to detail deputy Collectors of internal revenue in One district for Special duty in Other districts, and the deputy Collectors so detailed shall be paid by the collector of internal revenue and disbursing agent for the district for which they are appointed and for which the allowance for their salary and expenses is made, the same as if all their services had been per- formed and expenses incurred in that district. (April 17, 1900, c. 192, § 1, 31 Stat. 107.) - $ 5853. Same; certificate as to reports before . payment to—No payment shall be made to Collec- tors, On account of salaries Or Commissions, without the certificate of the Commissioner of Internal Reve- nue that all reports required by law or regulation have been received, or that a satisfactory explanation has been rendered to him of the Cause of delay. (R. S. § 3147.) (R. S. § 3148. Superseded.) - This section provided for the appointment, etc., of dep- uty collectors. It was superseded by other provisions for the same purpose made by Act Feb. 8, 1875, c. 36, § 12, as amended by Act March 1, 1879, c. 125, § 2 (§ 5849). $ 5854. Same; disability or vacancy in office of—In case of the Sickness or absence of a collector, or in case of his temporary disability to discharge his duties, they shall devolve upon his senior deputy, unless he shall have devolved them upon another of his deputies; and for the Official acts Or defaults of 3 5854 (Tit. 35 INTERNAL REVENUE IPage 922I such deputies the collector and his sureties shall be held responsible to the United States. - In case of a vacancy occurring in the office of col- lector, the deputies of such collector shall continue to act until his successor is appointed; and until a suc- cessor is appointed, the deputy of such collector sen- jor in Service shall discharge all the duties of Collec- tor, and also the duties of disbursing agent; and of two or more deputies appointed on the same day, the One residing nearest the residence of the collector when the vacancy occurred shall discharge the said duties until another collector is appointed. it appears to the Secretary of the Treasury that the interest of the government so requires, he may, by his order, direct the said duties to be performed by such other one of the said deputies as he may desig- nate. For the official acts and defaults of the deputy tupon whom said duties are devolved, remedy shall be had on the official bond of the collector, as in other Cases; and for the Official acts and defaults of such deputy as acting disbursing agent, remedy Shall be had on the Official bond of the collector as disbursing agent. And any bond Or security taken from a deputy by a collector, pursuant to section twelve of “An act to amend existing customs and internal-revenue laws, and for other purposes,” approved February eighth, eighteen hundred and seventy-five, shall be available to his legal representatives and sureties to indemnify them for loss or damage accruing from any act Or Omission of duty by the deputy so continuing or suc- ceeding to the duties of such collector. (R. S. § 3149, amended, March 1, 1879, c. 125, § 2, 20 Stat. 328.) See § 5849. - - $ 5855. Same; when deputy entitled to col- lector’s saiary—Any deputy collector who has per- formed Or may perform, under authority of law, the duties of any Collector in Consequence of a vacancy in the office of said collector, shall be entitled to receive the Salary and Commissions allowed by law to Such collector, or the allowance in lieu of said salary and commissions allowed by the Secretary of the Treas- ury to such collector, and the Secretary of the Treas- ury may make to such deputy Collector Such allowance in lieu of salary and commissions as he might lawful- ly make to such CollectOr. And Such deputy shall not be debarred from receiving such "salary and commis- Sions, or allowances in lieu thereof, by reason of the holding of another Federal office by said collector dur- ing the time for which such deputy acts as Collector. But all payments to Such deputy CollectOr shall be upon duly audited vouchers. (R. S. § 3150.) (R. S. § 3151. Repealed.) This section provided for the appointment of inspectors of tobacco and cigars. It was repealed by Act Aug. 4, 1886, c. 896, § 2, 24 Stat. 218. - $ 5856. Internal revenue agents—The Commis- sioner of Internal Revenue may, whenever in his judg- ment the necessities of the service so require; employ competent agents, not exceeding at any time thirty-five in number, to be paid Such compensation as he may deem proper, not exceeding in the aggregate any ap- propriation made for that. purpose; and he may, at his discretion, assign any such agent to duty under the direction of any officer of internal revenue, or to such other special duty as he may deem necessary; and no general Or Special agent or inspector, by what- ever designation he may be known, Of the Treasury Department, in connection with the internal revenue, except inspectors of tobacco, Snuff, and Cigars and ex- cept as provided for in this title, shall be appointed, Commissioned, employed, or continued in Office. The agents whose employment is authorized by this section shall be known and designated as internal- revenue agents, and they shall have all the powers of entry and examination Conferred upon any officer of internal revenue, by sections thirty-one hundred and seventy-seven, thirty-two hundred and seventy-seven, thirty-two hundred and eighty-six, and thirty-three bundred and eighteen of the Revised Statutes; and ed in each of said sections. When all the provisions of said sections, including those im- posing fines, forfeitures, penalties, or other punish- ments for the enforcement thereof, are hereby made applicable to the action of internal-revenue agents, in the Same manner as if such agents were specially nam- And all the provisions of sections thirty-one hun- dred and sixty-seven, thirty-one hundred and sixty- eight, thirty-one hundred, and sixty-nine, and thirty- One hundred and seventy-one of the Revised Statutes shall apply to internal-revenue agents as fully as to internal-revenue officers. (R. S. § 3152, amended, March 1, 1879, c. 125, § 2, 20 Stat. 329.) - R. S. §§ 3167-3169, 3171, 3177, 3277, 3286, 3318, are $$ 5887– 5889, 5894, 5900, 6017, 6027, 6100. , - . $ 5857. Same; limitation of number—Hereaft- er there shall not be employed exceeding twenty agents, in lieu of the number now authorized by law. (July 7, 1884, c. 331, § 1, 23 Stat. 172.) $ 5858. Same; additional agents—For salaries and expenses of twenty additional internal revenue agents to be appointed and employed by the Commis- Sioner of Internal Revenue, and these twenty agents to be in lieu of the agents provided for and appointed under the provisions of sections three and forty-seven of the act of June thirteenth, eighteen hundred and ninety-eight, providing for War revenue expenditures and other purposes, and these to be the only internal revenue agents employed in addition to those provid- ed for in Section three tholiSand One hundred and fifty-two of the Revised Statutes. The existing pro- visions Of law with regard to internal revenue agents shall apply to the duties, COmpensation, and expenses of these twenty additional agents. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 877.) - - - $ 5859. Same; additional agents—For Continu- ing salaries and expenses of twenty additional in- ternal-revenue agents appointed and employed by the Commissioner of Internal Revenue, the employment Of this force being made necessary by the increas- ed Collections of internal revenue. The existing pro- visions of law with regard to internal-revenue agents shall apply to the duties, Compensation, and expenses Of these twenty additional agents. (March 18, 1904, c. 716, § 1, 33 Stat. 106.) $ 5859a. Same; additional agents—Collecting the income tax: For expenses of assessing and Col- lecting the income tax as provided in Title. I of an Act entitled “An Act to increase the revenue, and for Other purposes,” approved September eighth, nineteen hundred and sixteen, including the employment Of agents, inspectors, deputy CollectOrS, Clerks, and meS- sengers in the District of Columbia, and the several Collection districts, to be appointed by the Commission- er of Internal Revenue, with the approval of the Sec- retary of the Treasury, and the purchase of such sup- plies, equipment, mechanical devices, and other ar- ticles as may be necessary for use in the District of Columbia and the several collection districts, $1,700,- 000; and authority is given to use $40,000 of said sum for the employment in the Bureau of Internal Revenue in the District Of Columbia of necessary clerical and other personal services, and the pur- chase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia. (March 3, 1917, c. 163, § 1, 39 Stat. 1090.) $ 5859b. Same; additional agents—Collecting the cotton-future tax: For expenses to enforce the provisions of part A of the Act approved August eleventh, nineteen hundred and sixteen, known as the Cotton-futures Act, including the employment of at- torneys, agents, inspectors, deputy collectors, clerks, and messengers at rates to be fixed by the Commission- er of Internal Revenue, subject to the approval of the Secretary of the Treasury, and for the purchase of Such supplies, equipment, mechanical devices, and other articles as may be necessary, $20,000: Provid- Ch. 1) & 5867 INTERNAL REVENUE IPage 923.I ed, That no person shall be employed hereunder at a compensation exceeding $4,000 per annum. (March 3, 1917, c. 163, § 1, 39 Stat. 1090.) § 5859e. Same; additional agents—Collecting the tax on estates, munitions, and so forth: For ex- penses of assessing and collecting the tax as provid- ed by Titles I, II, and III, of an Act entitled “An Act to increase the revenue, and for other purposes,” ap- proved September eighth, nineteen hundred and Six- teen, and to pay such sums as the Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, may deem necessary, $340,000, and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is authoriz- ed to appoint and pay from this appropriation all neC- essary officers, experts, agents, inspectors, deputy Col- lectors, clerks, messengers, and janitors, and to rent such quarters, incur expense for telephone Service, purchase such supplies, equipment, mechanical devic- es, and other articles as may be necessary for em- ployment or use in the District of Columbia, Or any collection district of the United States, or any of the Territories thereof: Provided, That not more than $40,000 of the amount appropriated may be used for the employment in the Bureau of Internal Revenue in the District of Columbia of necessary clerical help at rates to be fixed by the Commissioner of Internal Revenue, subject to the approval of the Secretary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia. (March 3, 1917, c. 163, § 1, 39 Stat. 1091.) $ 5859d. Same; the sale of opium, and so forth : For expenses to en- force the provisions of the Act approved December seventeenth, nineteen hundred and fourteen, entitled “An Act to provide for the registration of, with Col: lectors of internal revenue, and to impose a Special tax upon all persons who produce, import, manufac- ture, compound, deal in, dispense, Sell, distribute, Or give away opium or cocoa leaves, their salts, deriva- tives, or preparations, and for other purposes,” in- cluding the employment of agents, deputy Collectors, inspectors, chemists, assistant chemists, clerks, and messengers in the field and in the Bureau of Inter- nal Revenue in the District of Columbia, to be ap- pointed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be neC- essary for use in the District of Columbia and the several collection districts, including not to exceed $4 per diem in lieu of subsistence, $300,000. (March 3, 1917, c. 163, § 1, 39 Stat. 1091.) § 5860. Same; limit of compensation; per diem-The compensation of the chief of the internal- revenue agents shall not exceed ten dollars per day, and of the other agents not exceeding seven dollars per day each ; [and for per diem in lieu of Subsistence, when absent on duty from their legal residence, said agents shall receive, at a rate to be fixed by the Sec- retary of the Treasury, not exceeding three dollars per day]. (April 17, 1900, c. 192, § 1, 31 Stat. 107.) Text in brackets superseded by § 3236b. And see § 5861a. § 5861. Same; compensation; agents assigned to duty of examining accounts—For salaries and expenses of forty revenue agents provided for by law, * *: Provided, That internal-revenue agents as- signed to the duty of examining the accounts of collectors of internal revenue shall receive for per diem in lieu of subsistence, When absent from their legal residences on duty, a sum, to be fixed by the Commissioner of Internal Revenue, approved by the Secretary of the Treasury, not to exceed four dollars. (Feb. 3, 1905, 6. 297, § 1, 33 Stat. 652.) § 5861a. Employees engaged in field work; posts of duty; per diem—Hereafter the Commission- er of Internal Revenue shall determine and desig- additional agents—Restricting nate the posts of duty of all employees of the Inter- nal Revenue Service engaged in field work or travel- ing on official business outside of the District of Co- lumbia, and when ordered from their designated posts Of duty all internal revenue agents appointed under Section thirty-one hundred and fifty-two, Revised. Statutes, as amended, and cotton-futures attorneys, may be granted per diem in lieu of Subsistence not exceeding $4, and, when Ordered from their designated posts of duty, income-tax agents and inspectors, spe- Cial gaugers, and Special employees may be granted a per diem in lieu of subsistence not exceeding $3, the per diem in lieu of subsistence to be fixed by the Commissioner of Internal Revenue, subject to the ap- proval of the Secretary of the Treasury. (May 10, 1916, c. 117, § 1, 39 Stat. 87.) . § 5862. Store-keepers; salaries—There shall be appointed by the Secretary of the Treasury such num- ber of internal-revenue store-keepers as may be neces. Sary, who shall each receive such compensation, not eXceeding five dollars a day, to be paid monthly by the United States, as may be determined by the Comf- Imissioner of Internal Revenue. No store-keeper shall be engaged in any other business while in the serv- ice of the United States, without the written permis- Sion of the Commissioner of Internal Revenue. Ev- ery store-keeper shall take an oath faithfully to per- form the duties of his office, and shall give a bond, to be approved by the Commissioner of Internal Rev- enue, for the faithful discharge of his duties, in such form and for such amount as the Commissioner may prescribe. (R. S. § 3153.) } § 5863. Šame; assignment and transfer— One or more store-keepers shall be assigned by the Commissioner of Internal Revenue to every bonded or distillery Warehouse established by law ; and any store-keeper may be transferred by the supervisor on duty in the district, or by the Commissioner of Internal Revenue, from One Warehouse to another. (R. S. § 3154.) § 5864. Same; temporary store-keeper—In Case of the absence of any internal-revenue Store-keep- er by reason of sickness or other cause, the collectol having Control of the Warehouse may designate a per- son to have temporary charge thereof, who shall, dur- ing such absence, perform the duties and receive the pay of the store-keeper for the time he may be so em- ployed, and shall for any violation of the law be sub- ject to the same punishment as Store-keeperS. (R., S. § 3155.) § 5865. Gaugers—The Secretary of the Treasury shall appoint in every collection-district where they' may be necessary, one or more internal-revenue gaug- ers, who shall each take an oath faithfully to perform his duties, and shall give bond, with one or more sure: ties, satisfactory to the Commissioner of Internal Revenue, for the faithful discharge of the duties assigned to him by law or regulations; and the pe- nal sum of said bond shall not be less than five thou- Sand dollars, and said bond shall be renewed or strengthened as the Commissioner of Internal Reve- nue may require. The duties of every such gauger shall be performed under the supervision and diree- tion of the collector of the district to which he may be assigned, or of the collector in charge of exports at any port of entry to which he may be assigned. (R. S. § 3156.) - - § 5866. Same; fees—Gaugers shall be entitled to receive Such fees, to be determined by the quantity gauged, as may be prescribed by the Commissioner of Internal Revenue; and said fees, together with their actual and necessary traveling expenses, Shall be verified by their oaths, and shall be paid by the United States monthly. (R. S. § 3157.) - See §§ 5867-5869, 5871-5873. § 5867. Same; limit of eompensation—Here- f after the compensation of gaugers shall not exceed five dollars per day while actually employed. - (June 19, 1878, c. 329, § 1, 20 Stat. 187.) - - § 5868 (Tit. 35 INTERNAL REVENUE [Page 924] § 5868. Same; compensation for gauging fruit brandy, or when detailed for special duty —Gaugers employed in gauging fruit brandy, and gaugerS Specially detailed for Special duty under the direction. Of the Commissioner Of Internal Reve- nue, may be paid, at the discretion of the Commission- er of Internal Revenue, either by fees to be deter- mined by the quantity gauged, or by a daily com- pensation not to exceed five dollars per diem while actually employed ; and in Calculating the daily Com- pensation of all gaugers paid by fees, the quantity gauged for Which fees are paid may be determined by Clividing the aggregate gallons of spirits gauged by the number of days on which the gauger was actually employed during the month. (July 7, 1898, c. 571, § 1, 30 Stat. 656.) $ 5869. Store-keepers and gaugers; compen- sation; performance of duties by one officer— Hereafter no storekeeper shall receive a greater com- pensation than four dollars per day; and said gaugers and storekeepers, respectively shall only receive com- pensation when rendering actual service. - >}: :: >}: >{: ::: 2}: ::: - The Secretary of the Treasury may, upon the recom- mendation of the Commissioner of Internal Revenue, impose the duties of storekeeper and gauger upon. One Officer, where the amount of spirits produced at the distillery, to which such officer may be assigned, is not sufficient, in 'the judgment of the Commission- er to Warrant the employment of two officers to per- form the separate duties of storekeeper and gauger. The Secretary of the Treasury may issue a commis- Sion to Such officer as storekeeper and gauger, but the compensation for his services as storekeeper and gauger Shall be that of storekeeper only. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 152.) - § 5870. Storekeeper-gauger's compensation— The internal-revenue officer holding the combined of- fice of storekeeper and gauger shall hereafter be known and denominated as a Storekeeper-gauger, and When performing the combined duties of store. keeper-gauger, or when assigned by the Commission- er of Internal Revenue to perform the duties of a storekeeper Only at any distillery, or at any general Of”. special bonded Warehouse, he shall receive for his Services the compensation of storekeeper only; but When assigned by the Commissioner of Internal Rev- enue to perform the duties of gauger only, under the internal-revenue laws, as provided by those laws, he Shall receive only the COmpensation for his services and the traveling expenses which are allowed by law to United States gaugers. (June 28, 1902, c. 1312, 32 Stat. 492.) $ 5871. Compensation of storekeepers at small distilleries; storekeeper-gaugers—Hereaft- er Storekeepers at distilleries that mash less than six- ty bushels of grain per day shall be allowed not ex- Ceeding fifty dollars per month. But when one per- Son acts as storekeeper and gauger, his salary shall not exceed four dollars per day for the time actually employed. (June 21, 1879, c. 34, § 2, 21 Stat. 27.) § 5872. Storekeepers, gaugers and storekeep- er-gatigers; compensation at small distilleries— Hereafter storekeepers, gaugers, and storekeeper- gaugers Who are assigned to distilleries with a reg- istered capacity of twenty bushels or less, or who are assigned to other places where the compensation is now less than three dollars a day, shall receive three dollars a day for services. (March 3, 1885, c. 343, § 1, 23 Stat. 404, amended, Feb. 24, 1911, c. 149, 36 Stat. 928.) - - § 5873. Same; when traveling—Storekeepers, storekeeper-gaugers, and gaugers, when traveling to Or from assignments, or when transferred from one assignment to another, either in the same district or in different districts, shall receive the same compensa- tion per day during the time necessarily occupied in traveling that they would be entitled to if on duty at in other districts; the place to which assigned or transferred, or from Which relieved, together with actual and necessary traveling expenses. (Aug. 27, 1894, c. 349, § 63, 28 Stat. 567, amended, May 13, 1910, c. 236, 36 Stat. 369.) § 5874. Duties of storekeeper-gauger; bornd— The officer holding the combined office of storekeeper and gauger, under the provisions Of the legislative, executive, and judicial.appropriation Act, approved August fifteenth, eighteen hundred and seventy-six (Nineteenth Statutes, page one hundred and fifty-two), may be assigned by the Commissioner of Internal Reve- nue to perform the separate duties of a storekeeper at any distillery, or at any general Or Special bonded Warehouse, Or to perform any of the duties of a gauger under the internal-revenue laws. And the said officer, before entering upon the dischargé of such separate duties, shall give a bond to be approv- ed by the Commissioner of Internal Revenue for the faithful discharge of his duties in such form and for Such amount as the Commissioner may prescribe. (Aug. 27, 1894, c. 349, § 64, 28 Stat. 567.) § 5875. Assignment to duty and transfer of gaugers—Internal-revenue gaugers may be assigned to duty at distilleries, rectifying houses, or wherever gauging is required to be done, and transferred from One place of duty to another, by the Commissioner of Internal Revenue, in like manner as storekeepers and Storekeepers and gaugers are now assigned and trans- ferred. (Aug. 27, 1894, c. 349, § 65, 28 Stat. 567.) § 5876. Detail of gaugers and others for duty accounts—The Commissioner of Internal Revenue is authorized to detail gaugers, storekeeper-gaugers, and storekeepers, appointed in One district, for Special Or regular duty in Other districts, and the accounts of gaugers, storekeeper- gaugers, and storekeepers so detailed shall be ad- justed and paid in the district where they are ap- pointed the same as if assigned to regular duty, With- out regard to the number of districts in which they may have been employed in any One month, the same as if all their services had been performed and eX- penses incurred in the district in which appointed, and the Order of the Commissioner Of Internal Reve- nue transferring gaugers, storekeeper-gaugers, Or storekeepers to special work shall be accepted by the accounting officers of the Treasury Department as full authority for proper expenses incurred by said gaug- ers, storekeeper-gaugers, or storekeepers, while SO assigned. (April 17, 1900, c. 192, § 1, 31 Stat. 107.) § 5877. Leaves of absence; storekeepers, gaugers, and storekeeper-gaugers–Storekeepers, gaugers, and storekeeper-gaugers shall be, and are hereby, granted a cumulative annual leave of absence, with pay, not to exceed in the aggregate fifteen days for any one year: Provided, That said leave of ab- sence is so computed as not to exceed One and One- Quarter days for each twenty-six days said storekeep- ers, gaugers, and storekeeper-gaugers are actually as- signed to duty: Provided further, That such leave shall be operative under such rules and regulations as the Commissioner Of Internal Revenue, with the approval of the Secretary of the Treasury, may pre- scribe. (June 23, 1910, c. 356, 36 Stat. 592.) § 5877 a. Same; internal revenue agents—That all internal revenue agents and inspectors be grant- ed leave Of absence with pay, which shall not be Cu- mulative, not to exceed thirty days in any Calendar year, under such regulations as the Commissioner of Internal Revenue, with the approval Of the Secretary of the Treasury, may prescribe. (Sept. 8, 1916, c. 463, § 413, 39 Stat. 793.) § 5878. Limit of number of revenue officers— No collector in any district shall recommend, nor shall there be appointed or commissioned, more deputy Collectors, Storekeepers, storekeepers and gaugers, gaugers, inspectors, or other officers, or allowed to remain in commission more of any of said officers, at any One time, than fifteen per centum in excess of the number actually engaged in performing duty at Ch. 1) & 5887 INTERNAL REVENUE IPage 9251 the time and indispensably necessary for the perform- ance of said duty. (March 3, 1885, C. 343, § 1, 23 Stat. 404.) § 5879. Statement under oath of fees; penal- ty—Every internal-revenue officer, whose payment, charges, Salary, Or compensation are composed, wholly Or, in part, of fees, Commissions, allowances, or re- Wards, from whatever source-derived, shall be requir- ed to render to the Commissioner of Internal Revenue, under regulations to be approved by the Secretary of the Treasury, a statement under oath setting forth the entire amount of such fees, commissions, emolu- ments, Or rewards of whatever nature, or from what- ever source received, during the time for which said Statement is rendered; and any false statement know- ingly and willfully rendered under the requirements of this section, or regulations established in accord- ance therewith, shall be deemed willful perjury, and punished in the manner provided by law for the crime Of perjury. And any neglect or omission to render Such Statement when required shall be punished by a fine of not less than two hundred dollars, nor more than five hundred dollars, in the discretion of the court. (R. S. § 3158, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) (R. S. §§ 3159, 3160. Repealed.) These sections authorized the appointment of supervisors Of internal revenue, not exceeding ten, at an annual sal- ary not exceeding $3,000 a year each, in addition to neces- Sary expenses, for assignment to duty in any part of the TJnited States, and subject to transfer from place to place. They were repealed by a provision of Act Aug. 15, 1876, c. 287, § 1 (§ 5882). § 5880. Officers in charge of exportations and drawbacks—In any port of the United States where there is more than one collector of internal revenue, the Secretary of the Treasury may designate one of them to have charge of all matters relating to the exportation Of articles Subject to tax under the inter- mal-revenue laws; and at any port where he may deem it necessary, there shall be appointed by him an Officer to superintend all matters of exportation and drawback, under the direction of the collector. The compensation of the officers last named shall be pre- scribed by the Secretary of the Treasury, but shall not exceed, in any case, an annual rate of two thou- sand dollars, excepting at New York, where such com- pensation shall be at the annual rate of three thou- sand dollars. At any port where there is no superin- tendent of exports, all the duties and services requir- ed of such officers shall be performed by the collec- tor of internal revenue designated to have charge of exportation. All the books, papers, and documents in the bureau of drawbacks in the respective ports, relating to the drawback of taxes paid under the internal-revenue law, shall be delivered to the col- lector of internal revenue in charge of exportation. (R. S. § 3161.) § 5881. Superintendents of exports and draw- backs may administer oaths—Every collector of in- ternal revenue and every superintendent of exports and drawbacks is authorized to administer such oaths and to certify to such papers as may be necessary under any regulation prescribed under the authority of the internal-revenue laws. (R. S. § 3162.) § 5882. Transfer or suspension of officers— Sections thirty-one hundred and fifty-nine, and thirty- one hundred and sixty of the Revised Statutes, and all laws and parts of laws in conflict with the pro- visions of the foregoing paragraphs relating to the internal revenue service, are hereby repealed. The powers of transfer, and of Suspension, of officers Conferred upon Supervisors by Section thirty-One hun- dred and sixty-three of the Revised Statutes, are here- by vested in the Commissioner of Internal Revenue; and all other powers conferred, and duties imposed, by said section upon Supervisors, are hereby Con- ferred and imposed upon collectors of internal reve- nue within their respective districts. In case of the Supervision of a collector, under the power hereby Conferred, the Commissioner of Internal Revenue Shall, as Soon thereafter as practicable, report the Case to the President through the Secretary of the Treasury for Such action as he may deem proper. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 152.) § 5883. Duties of collectors and agents—Every collector within his collection-district and every inter- nal-revenue agent shall See that all laws and regula- tions relating to the Collection of internal taxes are faithfully executed and complied with, and shall aid in the prevention, detection, and punishment of any frauds in relation thereto. And it shall be the duty of every collector and of every internal-revenue agent to report to the Commissioner in Writing any neglect of duty, incompetency, delinquency, or malfeasance in office of any internal-revenue officer Or agent of which he may obtain knowledge, with a statement of all the facts in each case, and any evidence Sustaining the same. The Commissioner may also transfer any in- spector, gauger, storekeeper, or Storekeeper and gaug- er, from one distillery or other place of duty, or from one collection-district, to another. (R. S. § 3163, amended, March 1, 1879, c. 125, § 2, 20 Stat. 328.) . § 5884. Same; reports of violations of law- It shall be the duty of every collector of internal revenue to report within ten days to the district attorney of the district in which any fine, penalty, or forfeiture may be incurred for the violation of any law of the United States relating to the revenue, a statement of all the facts and circumstances Of the case within his knowledge, together With the names . Of the witnesses, and which may come to his knowl- edge from time to time, stating the provisions of the law believed to be violated, and On which a reliance may be had for condemnation or conviction; and if any collector shall in any case fail to report to the proper district attorney as prescribed in this Section, bis right to any compensation, benefit, or allowance in Such case shall be forfeited to the United States, and the same may, in the discretion of the Secretary of the Treasury, be awarded to Such perSons as may make complaint and prosecute the same to judgment Or conviction. (R. S. § 3164.) - - § 5885. Revenue officers; administering oaths and taking evidence—Every collector, deputy Col- lector, and inspector is authorized to administer oaths and to take evidence touching any part Of the administration of the internal-revenue laws With which he is charged, or where such oaths and evi- dence are authorized by law or regulation authorized by law to be taken. (R. S. § 3165, amended, March 1, 1879, c. 125, § 2, 20 Stat. 329.) & Office of inspector abolished by repeal of R. S. § 3151, by Act Aug. 4, 1886, c. 896, § 2, 24 Stat. 218. § 5886. Same; making seizures—Any officer of internal revenue may be specially authorized by the Commissioner of Internal Revenue to seize any prop- erty which may by law be subject to seizure, and for that purpose such officer shall have all the power conferred by law upon collectors; and Such Special authority shall be limited in respect of time, place, and kind and class of property, as the Commissioner may specify: Provided, That no collector shall be detailed or authorized to discharge any duty imposed by law upon any other collector. (R. S. § 3166.) § 5887. Same; disclosing operations of man- ufacturers—It shall be unlawful for any Collector, deputy collector, agent, clerk, or other officer or em- ployee of the United States to divulge or to make known in any manner whatever not provided by law to any person the operations, style of work, or ap- paratus of any manufacturer or producer visited by Him in the discharge of his official duties, Or the amount Or source of income, profits, losses, expendi- tures, or any particular thereof, set forth or disclosed in any income return, or to permit any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; and it shall be unlawful for any person to print or publish in any manner whatever not provided by law any income re- 3 5888 (Tit. 35 INTERNAL REVENUE [Page 92.61 turn or any part thereof or source of income profits, HOSSes, or expenditures appearing in any income re- | turn ; and any offense against the foregoing provision Shall be a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment not exceed- ing One year, or both, at the discretion of the COurt; and if the Offender be an officer or employee of the United States he shall be dismissed from office or dis- Charged from employment. (R. S. § 3167, amended, Aug. 27, 1894, c. 349, § 34, 28 Stat. 559, Oct. 3, 1913, c. 16, § II, I, 38 Stat. 177, and Sept. 8, 1916, c. 463, § 16, 39 Stat. 773.) - § 5888. Same; interest in manufactures—An internal-revenue officer who is or shall become inter- ested, directly or indirectly, in the manufacture of tobacco, snuff, or cigars, or in the production, rectifi- cation, or redistillation of distilled spirits, shall be dismissed from Office; and every. Officer who becomes so interested in any such manufacture or production, rectification, or redistillation, or in the production of fermented liquors, shall be fined not less than five hundred dollars nor more than five thousand dollars. (R. S. § 3168, amended, Feb. 27, 1877, c. 69, § 1, 19. Stat. 248.) - § 5889. Same; extortion, receiving unlawful fees, and other unlawful acts—Every. Officer Or agent appointed and acting under the authority of any revenue law of the United States— First. Who is guilty of any extortion or willful oppression under color of law ; Or, Second. Who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; Or, - Third. Who willfully neglects to perform any of the duties enjoined On him by law ; Or, Fourth. Who conspires or colludes with any other person to defraud the United States; or, Fifth. Who makes opportunity for any person to defraud the United States; or, Sixth. Who does or Omits to do any act with in- tent to enable any other person to defraud the United States; or, Seventh. Who negligently or designedly permits any violation of the law by any other person ; Or, Eighth. Who makes or signs any false entry in any book, or makes or signs any false certificate or return, in any case where he is by law or regulation required to make any entry, certificate, or return ; or, Ninth. Who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the United States under any revenue law, fails to report, in Writing, such knowledge or information to his next Superior officer and to the Commissioner of Internal Revenue ; Or, Tenth. Who demands, Or accepts, Or attempts to collect, directly or indirectly, as payment or gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized by law SO to do, shall be dismissed from Office, and shall be held to be guilty of a misdemeanor, and shall be fined not less than One thousand dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than three years. The COUrt shall also render judgment against the said officer or agent for the amount of damages sustained in favor of the party injured, to be collected by execution. One-half of the fine so imposed shall be for the use of the United States, and the other half for the use Of the informer, who shall be ascertained by the judg- ment Of the court. (R. S. § 3169.) § 5890. Same; laws imposing fines applicable to—All acts and parts of acts imposing fines, penalties, or other punishment for offenses committed by an in- ternal revenue officer or other officer of the Depart- ment of the Treasury of the United States, or under any bureau thereof, shall be, and are hereby, applied to all persons whomsoever, employed, appointed, or acting under the authority of any internal revenue or Customs law, or any revenue provision of any law Of the United States, when such persons are desig- nated Or acting as officers or deputies, or persons hav- ing the custody or disposition of any public money. (Feb. 8, 1875, c. 36, § 23, 18 Stat. 312.) , § 5891. Issuing stamps before payment—Any Collector of internal revenue, or any deputy collector or other employee of, or person acting for, such col- lector, who shall issue any stamp or stamps indicat- ing the payment of any internal-revenue tax, before payment in full therefor has been made to the Officer Or person issuing the same, shall be deemed guilty of a misdemeanor, and shall be fined for each stamp thus issued an amount equal to the face value thereof, in addition to the liability of the collector on his official bond. On account of such stamp ; and such collector, deputy Collector, or employee shall be dismissed from office. (March 1, 1879, c. 125, § 1, 20 Stat. 327.) § 5892. Meaning of “Revised Statutes”— Wherever in any of the foregoing sections of this act the Revised Statutes are referred to, it shall be held to mean the “edition of eighteen hundred and seventy- eight.” (March 1, 1879, c. 125, § 23, 20 Stat. 352.) § 5893. Accepting or demanding anything for compromise of violation of laws—Every district at- torney Or marshal who demands, or accepts, or at- tempts to collect, directly or indirectly, as payment or gift or otherwise, any sum of money or other prop- erty Of Value for the compromise, adjustment, or Settlement Of any charge or complaint for any viola- tion or alleged violation of any provision of the in- ternal-revenue laws, except as expressly authorized by law to do so, shall be held to be guilty of a mis- demeanor, and shall be fined in double the Sum or value of the money or property received or demanded, and be imprisoned for not less than one nor more than ten years. (R. S. § 3170.) § 5894. Suing for injuries by officers—If any officer appointed under and by virtue of any act to provide internal revenue, or any person acting under or by authority of any such officer, shall receive any injury to his person or property, in the discharge of his duty, under any law of the United States for the Collection Of taxes, he shall be entitled to maintain Suit for damage therefor, in the circuit Court of the United States, in the district wherein the party doing the injury may reside or shall be found. (R. S. § 3171, amended, March 1, 1879, c. 125, § 2, 20 Stat. 329.) See §§ 8932a–8932uu. - Chapter Two—Of Assessments and Col- - lections * Canvass for objects of taxation. Returns of persons liable to tax. Same; persons liable to additional taxes; time for payment; bond. : Same; failure to make or making false or fraudulent returns. - Same; SummonS. Same; failure to obey summons. * Same; collector to make; time allowed for filing; for failure to file. - - Entering premises where taxable articles are kept. False return, or refusing to produce books. Taxable property owned by nonresidents. Lists, when taken and how denominated. - . Assessments by commissioner; correction of lists. Collectors and deputies to collect all taxes. Notice and demand of taxes. t Monthly returns and special returns; when tax payable. Lien for taxes. Distraint for taxes. Same; levy. - Same; exhibit of evidences relating to property. Same; proceedings On. Same; sale of property subject to tax. Same; sale of property; purchase for United States. Same; restoration of property on payment before sale. Same; effect of certificate of sale. Same; when property not divisible. ... Seizure and sale of real estate to satisfy taxes. Same; proceedings. . . - Same; certificate of purchase; deed. Sec. 5895. 5896. 5896a. 5896b. 5897. 5898. 5899. extension of Same; deed prima-facie evidence. Ch. 2) ź 5896b INTERNAL REVENUE Sec. 5922. Same; place of seizure. 5923. Same; redemption prior to sale. 5924. Same; redemption after sale. 5925. Same; record of sales. 5926. Same; record of redemptions. 5927. Successive seizures. . - 5928. Fees and charges in seizure cases. 5929. Chancery proceedings against real estate. 5930. Charge of real estate acquired by United States. 5931. Lists sent to district where party taxed resides or has. property. - - - - - 5932. Collections paid into Treasury daily. . 5933. Collections covered into Treasury as internal revenue collections. 5934. Depositories. - 5935. Collector’s monthly statement; final accounts. 5936. Collector’s quarterly accounts. & 5937. Suits for fines, penalties, and forfeitures, and taxes. 5938. Same; sanction of Commissioner. 5939. Same; regulations. - 5940. Same; moneys recovered paid to collectors. 5941. Collection of dues from delinquent collector. 5942. Collectors charged with what. - - 5943. Death of collector; uncollected balances. 5944. Refundments; taxes or penalties. 5945. Same; spirits accidentally destroyed. 5946. Same; tax on lost spirits indemnified by insurance. 5947. Restraining assessments or collection of taxes. - 5948. Suits to recover taxes; taxes collected under second as- SeSSInent. - 5949. Same; taxes wrongfully collected. 5950. Same ; limitations. - 5951. Claims for refundraent; limitation. 6952. Compromises. 5953. Discontinuances of criminal prosecutions. 5954. Continuances of internal-revenue cases. § 5895. Canvass for objects of taxation—Ev- ery collector shall, from time to time, cause his depu- ties to proceed through every part of his district and inquire after and concerning all persons therein who are liable to pay any internal-revenue tax, and all persons OWning or having the care and management Of any objects liable to pay any tax, and to make a list of such persons and enumerate said objects. (R. S. § 3172, amended, Aug. 27, 1894, c. 349, § 34, 28 Stat. 558, Oct. 3, 1913, c. 16, § II, I, 38 Stat. 178, and Sept. 8, 1916, c. 463, § 16, 39 Stat. 773.) § 5896. Returns of persons liable to tax—It shall be the duty of any person, partnership, firm, as- SOciation, Or Corporation, made liable to any duty, Special tax, or other tax imposed by law, when not Otherwise provided for, (1) in case of a special tax, on Or before the thirty-first day of July in each year, (2) in Case of income tax on or before the first day of March in each year, or on or before the last day of the sixty-day period next following the closing date of the fiscal year for which it makes a return of its in- come, and (3) in other cases before the day on which the taxes accrue, to make a list Qr return, verified by oath, to the collector or a deputy collector of the dis- trict. Where located. Of the articles Or objects, includ- ing the amount of annual income charged with a duty or tax, the quantity of goods, wares, and merchandise, made or sold and charged with a tax, the several rates and aggregate amount, according to the forms and regulations to be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for which such person, partnership, firm, association, or corporation is liable: Provided, That if any person liable to pay any duty Or tax, Or' Owning, possessing, Or having the Care Or management Öf property, goods, wares, and merchandise, article or objects liable to pay any duty, tax, or license, shall fail to make and exhibit a list or return required by law, but shall Consent to disclose the particulars Of any and all the property, goods, wares, and merchan- dise, articles, and objects liable to pay any duty or tax, Or any business Or occupation liable to pay any tax as aforesaid, then, and in that case, it shall be the duty of the collector or deputy collector to make such list or return, which, being distinctly read, consented to, and signed and verified by oath by the person so Owning, possessing, Or having the Care and manage- ment as aforesaid, may be received as the list Of Such person : Provided further, That in case no annual list or return has been rendered by such person to the col- [Page 9271 lector or deputy collector as required by law, and the person shall be absent from his or her residence or place of business at the time the collector or a deputy collector shall call for the annual list Or return, it shall be the duty of such Collector or deputy Collector to leave at such place of residence or business, with some one of suitable age and discretion, if Such be present, otherwise to deposit in the nearest post Office, a note or memorandum addressed to Such perSOn, re- quiring him or her to render to such collector or depu- ty collector the list or return required by law within ten days from the date of such note or memorandum, verified by oath. And if any person, on being notified or required as aforesaid, shall refuse or neglect to ren- der such list or return within the time required as aforesaid, or whenever any person who is required to deliver a monthly or other return of objects subject to tax fails to do so at the time required, or delivers any return which; in the opinion of the collector, is errone- Ous, false, or fraudulent, or contains any undervalua- tion or understatement, or refuses to allow any regu- larly authorized Government Officer to examine the books of such person, firm, or corporation, it shall be lawful for the collector to summon such person, or any Other perSOn having possession, custody, or care of books of account Containing entries relating to the busi- ness of such person, or any other person he may deem proper, to appear before him and produce Such books at a time and place named in the summons, and to give testimony or answer interrogatories, under oath, respecting any objects Or income liable to tax Or the returns thereof. The collector may summon any per- son residing or found within the State or Territory in which his district lies; and when the person in- tended to be summoned does not reside and can not be found within such State or Territory, he may enter any collection district where such person may be found and there make the examination herein author- ized. And to this end he may there exercise all the authority which he might lawfully exercise in the district for which he was commissioned : Provided, That “person,” as used in this section, shall be Con- Strued to include any corporation, joint-stock company or association, or insurance COImpany when such con- struction is necessary to Carry Out its provisións. (R. S. § 3173, amended, March 1, 1879, c. 125, $ 3, 20 Stat. 330, Aug. , 27, 1894, c. 349, § 34, 28 Stat. 558, Oct. 3, 1913, c. 16, § II, I, 38 Stat. 178, and Sept. 8, 1916, c. 463, § 16, 39 Stat. 773.) § 5896a. Same; persons liable to additional taxes; extension of time for payment; bornd- Where additional taxes are imposed by this Act upon articles or commodities, upon which the tax imposed by existing law has been paid, the person, corporation, partnership, or association required by this Act to pay the tax shall, within thirty days after its passage, make return under Oath in such form and under Such regulations as the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury shall prescribe. Payment of the tax shown to be due may be extended to a date not exceeding Seven months from the passage of this Act, upon the filing Of a bond for payment in such form and amount and with Such Sureties as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. (Oct. 3, 1917, c. 63, § 1002, 40 Stat. 325.) - § 5896b. Same; failure to make, or making false or fraudulent, returns—Whoever fails to make any return required by this Act or the regula- tions made under authority thereof Within the time prescribed or who makes any false or fraudulent re- turn, and whoever evades or attempts to evade any tax imposed by this Act or fails to Collect or truly to account for and pay over any Such tax, Shall be subject to a penalty of not more than $1,000, Or to imprisonment for not more than one year, or both, at the discretion of the court, and in addition thereto a penalty of double the tax evaded, or not collected, or 3 5897 (Tit. 35 INTERNAL REVENUE aCCOunted for and paid over, to be assessed and col- lected in the same manner as taxes are assessed and Collected, in any case in which the punishment is not otherwise specifically provided. (Oct. 3, 1917, c. 63, § 1004, 40 Stat. 325.) º § 5897. Same; summons—Such summons shall in all cases be served by a deputy collector of the dis- trict where the person to whom it is directed may be found, by an attested copy delivered to such person in hand, or left at his last and usual place of abode, al- lowing such person one day for each twenty-five miles he may be required to travel, computed from the place Of Service to the place Of examination ; and the Cer- tificate of service signed by such deputy shall be evi- dence of the facts it states on the hearing of an appli- Cation for an attachment. When the Summons re- Quires the production of books, it shall be sufficient if Such books are described with reasonable certainty. (R. S. § 3174.) - § 5898. Same; failure to obey summons— Whenever any person summoned under the two pre- Ceding Sections neglects or refuses to obey such sum- mons, or to give testimony, or to answer interroga- tories as required, the collectors may apply to the judge of the district court or to a commissioner of the circuit court of the United States for the district within which the person so summoned resides for an attachment against him as for a contempt. It shall be the duty of the judge or commissioner to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person, and upon his being brought before him to proceed to a hearing of the case; and upon such hearing the judge or commissioner shall have power to make Such Order as he shall deem proper not inconsistent with existing laws for the punishment Of Contempts, to enforce Obedience to the requirements of the summons and to punish such per- son for his default or disobedience. (R. S. § 3175.) § 5899. Same; collector to make; time al- lowed for filing; failure to file—If any person, COr- poration, company, or association fails to make and file a return or list at the time prescribed by law, Or makes, willfully or otherwise, a false or fraudulent return or list, the Collector or deputy Collector shall make the return or list from his Own knowledge and from such information as he can Obtain through testi- mony or otherwise. Any return or list so made and subscribed by a collector or deputy collector shall be prima facie good and sufficient for all legal purposes. If the failure to file a return or list is due to Sick- ness Or absence the Collector may allow Such further time, not exceeding thirty days, for making and filing the return or list as he deems proper. The Commissioner of Internal ReVenue Shall assess all taxes, other than stamp taxes, as to which returns Or lists are so made by a Collector Or deputy CollectOr. In case of any failure to make and file a return or list within the time prescribed by law or by the col- lector, the Commissioner of Internal Revenue shall add to the tax fifty per centum of its amount except that, when a return is voluntarily and without notice from the collector filed after such time and it is shown that the failure to file it was due to a reason- able cause and not to willful neglect, no such addition shall be made to the tax. In case a false or fraudu- lent return or list is willfully made, the Commission- er of Internal Revenue shall add to the tax one hun- dred per Centum of its amount. - The amount so added to any tax shall be collected at the same time and in the same manner and as part of the tax unless the tax has been paid before the dis- covery of the neglect, falsity, or fraud, in which case the amount SO added shall be Collected in the Same manner as the tax. (R. S. § 3176, amended, March 1, 1879, c. 125, $ 3, 20 Stat. 331, Aug. 27, 1894, c. 349, § 34, 28 Stat. 559, Oct. 3, 1913, c. 16, § II, I, 38 Stat. 179, and Sept. 8, 1916, c. 463, § 16, 39 Stat. 773.) [Page 928] § 5900. Entering premises where taxable ar- ticles are kept—Any collector, deputy collector, or inspectOr may enter, in the day-time, any building or place Where any articles or objects subject to tax are made, produced, or kept, within his district, so far as it may be necessary, for the purpose of examining Said articles or objects. And any owner of such build- ing or place, or person having the agency or super- -intendence of the same, who refuses to admit such officer, or to suffer him to examine such article or ar- ticles, Shall, for every such refusal, forfeit five hun- dred dollars. And when such premises are open at night, Such officers may enter them while so open, in the performance of their official duties. And if any person shall forcibly obstruct or hinder any collector, deputy collector, or inspector, in the execution of any power and authority vested in him by law, or shall forcibly rescue or cause to be rescued any property, articles, Or Objects after the same shall have been Seized by him, or shall attempt or endeavor so to do, the person so offending, excepting in cases other- Wise provided for, shall, for every such offense, for- feit and pay the sum of five hundred dollars, or double the value of the property so rescued, or be imprisoned for a term not exceeding two years, at the discretion of the court. (R. S. § 3177.) - (R. S. § 3178. Obsolete.) This section required the returns or lists of objects charged with an internal tax to show whether the several rates and amounts were stated according to their values in legal tender currency or according to their values in coined money. It is omitted as obsolete. § 5901. False return, or refusing to produce books—Whenever any person delivers or discloses to the collector or deputy any false or fraudulent list, return, account, or statement, with intent to defeat Or evade the valuation, enumeration, or assessment intended to be made, or, being duly summoned to ap- pear to testify, or to appear and produce such books as aforesaid, neglects to appear or to produce said books, he shall be fined not exceeding One thousand dollars, or be imprisoned not exceeding One year, Of both, at the discretion of the court, with costs of prosecution. (R. S. § 3179.) § 5902. Taxable property owned by non-resi- dents—Whenever there are in any district any ar- ticles not owned or possessed by or under the care or control of any person within such district, and liable to be taxed, and of which no list has been transmit- ted to the Collector, as required by law, the Collec. tor or one of his deputies shall enter the premises where such articles are situated and shall take such view thereof as may be necessary, and make listS Of the same, according to the form prescribed. Said lists, being subscribed by such collector or deputy, shall be taken as sufficient lists of such articles for all purposes. (R. S. § 3180.) § 5903. Lists, when taken and how denomi- nated—The lists or returns aforesaid shall, where not otherwise specially provided for, be taken with refer- ence to the day fixed for that purpose by this Title as aforesaid; and where duties accrue at other and different times, the list shall be taken with reference to the time when said taxes become due, and shall be denominated annual, monthly, and Special lists Or returns. (R. S. § 3181, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) § 5904. Assessments by commissioner; cor- rection of lists—The Commissioner of Internal Reve- nue is hereby authorized and required to make the inquiries, determinations, and assessments of all taxes and penalties imposed by this Title, or accruing un- der any former internal-revenue act, where such taxes have not been duly paid by stamp at the time and in the manner provided by law, and shall certify a list of such assessments when made to the proper collec- tors respectively, who shall proceed to collect and account for the taxes and penalties SO . Certified. Whenever it is ascertained that any list which has been or shall be delivered to any CollectOr, is imper- Ch. 2) # 5911 INTERNAL REVENUE 'IPage 929] fect or incomplete in consequence of the omission of the name of any person liable to tax, Or in Conse- quence of any Omission, or understatement, or under- valuation, Or false or fraudulent statement contained in any return made by any person liable to tax, the Commissioner of Internal Revenue may, at any time, within fifteen months from the time of the delivery Of the list to the Collector as aforesaid, entel' On any monthly or special list the name of Such perSOn SI) omitted, together with the amount of tax for which he may have been or shall become liable, and also the name of any such person in respect to whose re- turn, as aforesaid, there has been Or shall be any Omission, undervaluation, understatement, Or false Or fraudulent statement, together with the amount for which such person may be liable, above the amount for which he may have been or shall be assessed up- on any return made as aforesaid; and he shall certify and return such list to the collector as required by law. And all provisions of law for the ascertainment of liability to any tax, or the assessment or collec- tion thereof, shall be held to apply, so far as may be necessary, to the proceedings herein authorized and directed. (R. S. § 3182.) - § 5905. Collectors and deputies to collect all taxes—It shall be the duty of the collectors, or their deputies, in their respective districts, and they are authorized, to collect all the taxes imposed by law, however the same may be designated. And every collector and deputy collector shall give receipts for all sums collected by him, excepting Only when the same are in payment for stamps sold and delivered; but no collector or deputy collector shall issue a re- ceipt in lieu of a stamp representing a tax. (R. S. § 3183, amended, March 1, 1879, c. 125, § 3, 20 Stat. 331.) § 5906. Notice and demand of taxes—Where it is not otherwise provided, the collector shall in person or by deputy, within ten days after receiving any list of taxes from the Commissioner of Internal Reve- nue, give notice to each person liable to pay any taxes stated therein, to be left at his dwelling or usual place of business, or to be sent by mail, stating the amount of such taxes and demanding payment thereof. If such person does not pay the taxes, with- in ten days after the service or the sending by mail of such notice, it shall be the duty of the collector or his deputy to collect the said taxes with a penalty of five per centum additional upon the amount of taxes, and interest at the rate of one per centum a month. (R. S. § 3184.) § 5907. Monthly returns and special returns; when tax payable—All returns required to be made monthly by any person liable to tax shall be made On Or before the tenth day Of each month, and the tax assessed or due thereon shall be returned by the Commissioner Of Internal Revenue to the Collector On Or before the last day of each month. All returns for which no provision is otherwise made shall be made On Or before the tenth day Of the month succeeding the time When the tax is due and liable to be as- SeSSed, and the tax thereon shall be returned as here- in provided for monthly returns, and shall be due and payable On Or before the last day Of the month in which the assessment is SO made. When the said tax is not paid on or before the last day of the month, as aforesaid, the collector shall add a penalty of five per centum, together with interest at the rate Of One per Centum per month, upon Such tax from the time the same became due; but no interest for a fraction of a month shall be demanded: Provided, That no- tice of the time when such tax becomes due and pay- able is given in Such manner as may be prescribed by the Commissioner of Internal Revenue. It shall then be the duty of the Collector, in case of the non-pay- ment of said tax on Or before the last day of the month, as aforesaid, to demand payment thereof, with five per centum added thereto, and interest at the rate of one per centum per month, as aforesaid, in COMP.ST.’18—59 the manner prescribed by law; and if said tax, pen- alty, and interest, are not paid within ten days after such demand, it shall be lawful for the collector or his deputy to make distraint therefor, as provided by law. (R. S. § 3185.) § 5908. Lien for taxes—If any person Iiable to pay any tax neglects Or refuses to pay the same after demand, the amount shall be a lien in favor of the United States from the time when the assessment list was received by the collector, except when other- wise provided, until paid, with the interest, penalties, and costs that may accrue in addition thereto upon all property and rights to property belonging to such person: Provided, however, That such lien shall not be valid as against any mortgagee, purchaser, or judg- ment Creditor until notice Of such lien shall be filed by the collector in the Office Of the Clerk of the dis- trict court of the district within which the property subject to such lien is situated: Provided further, Whenever any State by appropriate legislation author- izes the filing of such notice in the Office of the reg- istrar Or recorder Of deeds Of the COUnties Of that State, or in the State of Louisiana in the parishes thereof, then such lien shall not be valid in that State as against any mortgagee, purchaser, Or judg- ment creditor, until such notice shall be filed in the office of the registrar or recorder of deeds of the county or counties, or parish or parishes in the State of Louisiana, within which the property subject to the lien is situated. (R. S. § 3186, amended, March 1, 1879, c. 125, § 3, 20 Stat. 331, and March 4, 1913, c. 166, 37 Stat. 1016.) § 5909. Distraint for taxes—If any person li- able to pay any taxes neglects or refuses to pay the same within ten days after notice and demand, it shall be lawful for the collector or his deputy to Col- lect the said taxes, with five per centum additional thereto, and interest as aforesaid, by distraint and sale, in the manner hereafter provided, Of the goods, chattels, or effects, including stocks, securities, and evidences of debt, of the person delinquent as afore- said: Provided, That there shall be exempt from dis- traint and sale, if belonging to the head of a family, the school-books and wearing apparel necessary for such family; also arms for personal use, one Cow, two hogs, five sheep and the wool thereof, provided the aggregate market-value of said sheep shall not exceed fifty dollars; the necessary food for such cow, hogs, and sheep, for a period not exceeding thirty days; fuel to an amount not greater in value than twenty-five dollars; provisions to an amount not greater than fifty dollars; household furniture kept for use to an amount not greater than three hundred dollars; and the books, tools, Or implements, of a trade or profession, to an amount not greater than One hundred dollars shall also be exempt; and the officer making the distraint shall Summon three dis- interested householders of the vicinity, who shall ap- praise and set apart to the OWner the amount of property herein declared to be exempt. (R. S. § 3187.) § 5910. Same; levy—In such case of neglect or refusal, the Collector may levy, Or by Warrant may authorize a deputy Collector to levy, upon all property and rights to property, except such as are exempt by the preceding section, belonging to such person, or on which the said lien exists, for the pay- ment of the Sum due as aforesaid, with interest and penalty for non-payment, and also of such further Sum as shall be sufficient for the fees, COStS, and ex- penses of such levy. (R. S. § 3188.) . § 5911. Same; exhibit of evidences relating to property—All persons, and Officers of Companies or corporations, are required, on demand of a collec- tor or deputy Collector about to distrain or having distrained on any property, Or rights of property, to exhibit all books Containing evidence Or Statements relating to the subject of distraint, or the property or # 5912 (Tit. 35 INTERNAL REVENUE IPage 9301 rights of property liable to distraint for the tax due as aforesaid. (R. S. § 3189.) - $ 5912. Same; proceedings on—When distraint is made, as aforesaid, the officer charged with the col- lection shall make Or Cause to be made an account of the goods or effects distrained, a copy of which, signed by the officer making such distraint, shall be left with the Owner or possessor Of Such goods or effects, or at his dwelling or usual place of business, with some person of suitable age and discretion, if any such can be found, with a note of the sum de- manded, and the time and place of sale; and the Said Officer shall forthwith Cause a notification to be published in some newspaper within the county wherein said distraint is made, if a newspaper is pub- lished in said County, Or to be publicly posted at the post-Office, if there be one within five miles nearest to the residence of the person whose property shall be distrained, and in not less than two other public places. Such notice shall specify the articles dis- trained, and the time and place for the Sale thereof. Such time shall not be less than ten nor more than twenty days from the date of such notification to the owner or possessor of the property and the publication or posting of such notice as herein provided, and the place proposed for the sale shall not be more than five miles distant from the place of making such dis- traint. Said Sale may be adjourned from time to time by said officer, if he deems it advisable, but not for a time to exceed in all thirty days. (R. S. § 3190.) § 5913. Same; sale of property subject to tax —When property subject to tax, but upon which the tax has not been paid, is seized upon distraint and sold, the amount of such tax shall, after deducting the expenses Of Such sale, be first appropriated Out of the proceeds thereof to the payment of the tax. And if no assessment Of such tax has been made upon such property, the collector shall make a return thereof in the form required by law, and the Commissioner of Internal Revenue shall assess the tax thereon. (R. S. § 3191.) - - § 5914. Same; sale of property; purchase for TJnited States—When any property advertised for Sale under distraint, as aforesaid, is of a kind sub- ject to tax, and the tax has not been paid, and the amount bid for such property is not equal to the amount of the tax, the collector may purchase the same in behalf of the United States for an amount not exceeding the said tax. All property so purchased may be sold by the collector, under such regulations as may be prescribed by the Commissioner of Internal Revenue. The collector shall render to the Commis- Sioner a distinct account of all charges incurred in Such Sales, and, in case of sale, shall pay into the Treasury the surplus, if any there be, after defray- ing all lawful charges and fees. (R. S. § 3192.) § 5915. Same; restoration of property on payment before sale—In any case of distraint for the payment of the taxes aforesaid, the goods, chat- tels, Or effects SO distrained shall be restored to the OWner Or possessor, if, prior to the sale, payment of the amount due is made to the proper officer charged with the Collection, together with the fees and other Charges; but in case of non-payment as aforesaid, the said officers shall proceed to sell the said goods, chat- tels, Or effects at public auction, and shall retain from the proceeds of Such sale the amount demandable for the use Of the United States, and a commission of five per centum thereon for his own use, with the fees and charges for distraint and sale, rendering the over- plus, if any there be, to the person who may be enti- tled to receive the same. (R. S. § 3193.) § 5916. Same; effect of certificate of sale—In all cases Of Sale, as aforesaid, the certificate Of Such sale shall be prima-facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale, and shall transfer to the purchaser all right, title, and interest of such delinquent in and to the property Sold ; and where such property consists of stocks, said certificate shall be notice, when received, to any corporation, company, or association of said transfer, and Shall be authority to such Corporation, COmpany, or association to record the same on their books and records in the same manner as if transferred Or a S- signed by the party holding the same, in lieu of any Original Or prior certificates, which shall be Void, whether canceled or not. And said certificates, where the subject of sale is securities or other evidences of debt, shall be good and valid receipts to the person holding the same, as against any person holding, or claiming to hold, possession of such Securities or other evidences of debt. (R. S. § 3194.) § 5917. Same; when property not divisible- When any property liable to distraint for taxes is not divisible, so as to enable the collector by a Sale Of part thereof to raise the whole amount Of the tax, with all costs, charges, and commissions, the whole of such property shall be sold, and the surplus of the proceeds of the sale, after satisfying the tax, COStS, and charges, shall be paid to the person legally en- titled to receive the same; or, if he cannot be found, or refuses to receive the same, shall be deposited in the Treasury of the United States, to be there held for his use until he makes application therefor to the Secretary of the Treasury, who, upon such application and satisfactory proofs in support thereof, shall, by warrant On the Treasury, cause the same to be paid to the applicant. (R. S. § 3195.) $ 5918. Seizure and sale of real estate to sat- isfy taxes—When goods, chattels, or effects sufficient to Satisfy the taxes imposed upon any person are not found by the collector or deputy collector, he is au- thorized to Collect the same by seizure and Sale Of real estate. (R. S. § 3196.) § 5919. Same; proceedings—The officer making the Seizure mentioned in the preceding section shall give notice to the person whose estate it is proposed to sell by giving him in hand, or leaving at his last Or usual place of abode, if he has any such within the Collection-district where said estate is situated, a no- tice, in writing, stating what particular estate is to be sold, describing the same with reasonable certainty, and the time when and place where said officer pro- poses to sell the same ; which time shall not be less than twenty nor more than forty days from the time of giving said notice. The said officer shall also cause a notification to the same effect to be published in SOTme newspaper within the County where such seiz- ure is made, if any such there be, and shall also cause a like notice to be posted at the post-Office nearest to the estate seized, and in two other public places with- in the county; and the place of said sale shall not be more than five miles distant from the estate seized, except by Special Order Of the Commissioner of In- ternal ReVenue. At the time and place appointed, the Officer making Such Seizure shall proceed to Sell the Said estate at public auction, Offering the Same at a minimum price, including the expense of making such levy, and all charges for advertising and an officer's fee of ten dollars. When the real estate so seized consists of several distinct tracts or parcels, the Of- ficer making sale thereof shall offer each tract or parcel for sale separately, and Shall, if he deem it ad- visable, apportion the expenses, charges, and fees aforesaid to Such several tracts Or parcels, Or to any Of them, in estimating the minimum price aforesaid. If no person offers for said estate the amount of said minimum price, the officer shall declare the same to be purchased by him for the United States; other- wise the same shall be declared to be SOld to the high- est bidder. And in Case the same shall be declared to be purchased for the United States, the officer shall immediately transmit a certificate Of the pur- chase to the Commissioner of Internal Revenue, and, - at the proper time, as hereafter provided, Shall execute a deed therefor, after its preparation and the indorse- mént of approval as to its form by the United States district attorney for the district in which the property is situate, and shall without delay, Cause the same to Ch. 2) # 5930 INTERNAL REVENUE [Page 931] be duly recorded in the proper registry of deeds, and immediately thereafter shall transmit such deed to the Commissioner of Internal Revenue. And said sale may be adjourned from time to time by said officer for not exceeding thirty days in all, if he shall think it advisable so to do. If the amount bid shall not be then and there paid, the Officer shall forthWith pro- ceed to again sell said estate in the same manner. And it is hereby provided, That all certificates of purchase, and deeds of property purchased by the TJnited States under the internal-revenue laws, On sales for taxes, or under executions issued from Unit- ed States Courts, which now are, or hereafter may be, found in the office of any collector, United States marshal, or United States district attorney, shall be immediately transmitted by Such officers respectively to the Commissioner of Internal Revenue. And it is hereby further provided, That for the preparation and approval by the United States district attorney of each deed as above required, a fee of five dollars shall be allowed to that officer, to be paid by the United States, and which he shall account for in his emolu- ment returns. (R. S. § 3197, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248, and March 1, 1879, c. 125, § 3, 20 Stat. 331.) § 5920. Same; certificate of purchase; deed— Upon any sale of real estate, as provided in the pre- Ceding section, and the payment of the purchase- money, the officer making the seizure and sale shall give to the purchaser a certificate of purchase, which Shall Set forth the real estate purchased, for whose. taxes the same was sold, the name of the purchaser, and the price paid therefor; and if the said real es- tate be not redeemed in the manner and within the time hereafter provided, the said collector or deputy Collector shall execute to the said purchaser, upon his Surrender of said certificate, a deed of the real estate purchased by him as aforesaid, reciting the facts Set forth in said certificate, and in accordance With the laws of the State in which such real estate is Situate upon the subject of sales of real estate un- der execution. (R. S. § 3198.) $ 5921. Same; deed prima-facie evidence—The deed of Sale given in pursuance of the preceding sec- tion Shall be prima-facie evidence of the facts therein Stated ; and if the proceedings of the officer as set forth have been substantially in accordance with the provi- Sions of law, shall be considered and operate as a Conveyance of all the right, title, and interest the par- ty delinquent had in and to the real estate thus sold at the time the lien of the United States attached thereto. (R. S. § 3199.) § 5922. Same; place of seizure—Any collector or deputy CollectOr may, for the Collection of taxes impos- ed upon any person, and Committed to him for Collec- tion, seize and sell the lands of such person situated in any other collection-district within the State in which Such Officer resides; and his proceedings in relation thereto shall have the same effect as if the same Were had in his proper collection-district. (R. S. § 3200.) § 5923. Same; redemption prior to sale—Any person whose estate may be proceeded against as aforesaid shall have the right to pay the amount due, together with the costs and charges thereon, to the collector or deputy Collector at any time prior to the sale thereof, and all further proceedings shall cease from the time of such payment. (R. S. § 3201.) § 5924. Same; redemption after sale—The owners of any real estate sold as aforesaid, their heirs, executors, or administrators, or any person hav- ing any interest therein, or a lien thereon, Or any person in their behalf, shall be permitted to redeem the land sold, or any particular tract thereof, at any time within One year after the Sale thereof, upon pay- ment to the purchaser, Or, in Case he cannot be found in the county in which the land to be redeemed is situate, then to the collector of the district in which the land is situate, for the use of the purchaser, his heirs or assigns, the amount paid by the Said pur- | Chaser and interest thereon at the rate of twenty per centum per annum. (R. S. § 3202.) § 5925. Same; record of sales—It shall be the duty of every collector to keep a record of all sales Of land made in his collection-district, whether by himself or his deputies, or by another collector, in which shall be set forth the tax for which any such Sale Was made, the dates Of Seizure and Sale, the name of the party assessed and all proceedings in making Said sale, amount of fees and expenses, the name Of the purchaser and the date Of the deed ; and Said rec- Ord shall be certified by the Officer making the sale. And On or before the fifth day of each succeeding month he shall transmit a copy of such record Of the preceding month to the Commissioner of Internal Rev- enue. And it shall be the duty of every deputy mak- ing Sale, as aforesaid, to return a statement Of all his proceedings to the Collector, and to Certify the record thereof. In Case Of the death Or removal Of the Collec- tor, or the expiration of his term of office from any Other cause, said record shall be delivered to his suc- Cessor in office; and a Copy of every such record, Cer- tified by the collector, shall be evidence in any court of the truth of the facts therein stated. (R. S. § 3203, amended, March 1, 1879, c. 125, $ 3, 20 Stat. 332.) § 5926. Same; record of redemptions—When any lands sold, as aforesaid, are redeemed as hereto- fore provided, the collector shall make entry of the fact upon the record mentioned in the preceding Sec- tion, and the said entry shall be evidence of such re- demption. (R. S. § 3204.) - § 5927. Successive seizures—Whenever any prop- erty, personal or real, which is seized and sold by Vir- tue of the foregoing provisions, is not sufficient to satisfy the claim of the United States for which dis- traint or seizure is made, the collector may, thereaft- er, and as often as the same may ‘be necessary, pro- ceed to seize and sell, in like manner, any other prop- erty liable to seizure of the person against . Whom such claim exists, until the amount due from him, together with all expenses, is fully paid. (R. S. § 3205.) - § 5928. Fees and charges in seizure cases—The Commissioner of Internal Revenue shall by regulation determine the fees and charges to be allowed in all Cases of distraint and Other Seizures; and shall have power to determine whether any expense incurred in making any distraint or seizure was necessary. (R. S. § 3206.) - - § 5929. Characery proceedings against real es- tate—In any case where there has been a refusal or neglect to pay any tax, and it has become necessary to seize and Sell real estate to Satisfy the Same, the Commissioner of Internal Revenue may direct a bill in chancery to be filed, in a district [or circuit] Court of the United States, to enforce the lien of the United States for tax upon any real estate, Or to Subject any real estate Owned by the delinquent, Or in which he has any right, title, or interest, to the payment of such tax. All persons having liens upon or claiming any interest in the real estate SOUght to be Subjected as aforesaid, shall be made parties to such proceedings, and be brought into Court as provided in other suits in chancery therein. And the said court shall, at the term next after the parties have been duly notified of the proceedings, unless otherwise Ordered by the court, proceed to adjudicate all matters involved therein, and finally determine the merits of all claims to and liens upon the real estate in question, and, in all Cases where a claim Or interest Of the United States therein is established, Shall decree a Sale of such real estate, by the proper Officer of the court, and a distri- bution of the proceeds of Such sale according to the findings of the Court in respect to the interests of the parties and of the United States. (R. S. § 3207.) Text in brackets superseded by §§ 1266–1268. § 5930. Charge of real estate acquired by TJnited States—The Commissioner of Internal Rev. enue shall have charge Of all real estate which is nomt & 5931 (Tit. 35. INTERNAL REVENUE IPage 93.21 or shall become the property of the United States by judgment of forfeiture under the internal-revenue laws, or which has been or shall be assigned, set off, or conveyed by purchase or otherwise to the United States in payment of debts or penalties arising under the laws relating to internal revenue, or which has been Or shall be vested in the United States by mort- gage or other security for the payment of such debts, and of all trusts created for the use of the United States in payment of such debts due them ; and, with the approval of the Secretary of the Treasury, may, at public vendue, and upon not less than twenty days' notice, sell and dispose of all real estate owned or held by the United States aforesaid; and until such sale the Commissioner of Internal Revenue, with the approv- al of the Secretary of the Treasury, may lease such real estate owned as aforesaid on such terms and for such period as they shall deem expedient. And in cases where real estate has or may become the prop- erty of the United States by conveyance or otherwise, in payment Of Or as Security for a debt arising under the laws relating to internal revenue, and such debt shall have been paid, together with the interest there- on, at the rate of one per centum per month, to the United States, within two years from the date of the acquisition of such real estate, it shall be lawful for the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury to release by deed, or otherwise convey such real estate to the debt- or from whom it was taken, or to his heirs or other legal representatives. (R. S. § 3208, amended, March 1, 1879, c. 125, § 3, 20 Stat. 332.) § 5931. Lists sent to district where party tax- ed resides or has property—Whenever a collectOr has on any list duly returned to him the name of any person not within his collection-district who is liable to tax, or of any person so liable who has, in the Gol- lection-district in which he resides, no sufficient prop- erty subject to seizure or distraint, from which the money due for tax can be Collected, such CollectOr shall transmit a statement Containing the name Of the per- SOn liable to such tax, with the amount and nature thereof, duly Certified under his hand, to the Collec- tor of any district to which said person shall have re- moved, or in which he shall have property, real or per- Sonal, liable to be seized and sold for tax. And the collector to whom the said certified statement is trans- mitted shall proceed to collect the said tax in the same way as if the name. Of the person and objects of tax contained in the said certified statement were on any list of his own collection-district; and he shall, upon receiving said certified statement as afore- said, transmit his receipt for it to the collector send- ing the same to him. (R. S. § 3209.) § 5932. Collections paid into Treasury daily— The gross amount of all taxes and revenues received or collected by virtue of this Title, or of any law here- after enacted providing internal revenue, shall be paid, by the officers receiving or collecting the same, daily into the Treasury Of the United States, under the instructions of the Secretary of the Treasury, Without any abatement or deduction on account of Salary, compensation, fees, costs, charges, expenses, or claims of any description; and a certificate of such pay- ment, stating the name of the depositor and the spe- cific account on which the deposit was made, signed by the Treasurer, assistant treasurer, designated depos- itary, or proper officer of a deposit bank, shall be transmitted to the Commissioner Of Internal Revenue: Provided, That in districts where, from the distance of the officer, collector, or agent receiving or collect- ing such taxes and revenues from a proper Govern- ment depository, the Secretary of the Treasury may deem it proper, he may extend the time for making such payment, not exceeding, however, in any case a period of one month. (R. S. § 3210.) - § 5933. Collections covered into Treasury as internal revenue collections—Collectors Of internal, revenue shall pay daily into the Treasury of the Unit- ed States, under instructions of the Secretary of the Treasury, the gross amounts of all collections of what- ever nature, made by authority of law (including sums Offered in compromise under the provisions of section thirty-two hundred and twenty-nine, Revised Statutes, as Well as all other money received for which they are accountable under their respective collection bonds required to be given under section thirty-one hundred and forty-three, Revised Statutes), and the same shall be covered into the Treasury as internal-revenue col- lections: ‘ Provided, That nothing herein contained Shall be Construed as affecting the provisions of Sub- Section “D” of Section II, Act of October third, nine- teen hundred and thirteen, in the matter of withhold- ing the normal income tax at the source. (May 10, 1916, c. 117, § 1, 39 Stat. 86.) - § 5934. Depositories—The Secretary of the Treasury is authorized to designate one or more de- positories in each . State, for the deposit and safe- keeping of the money collected by virtue of the inter- nal-revenue laws; and the receipt of the proper officer of such depository to a collector for the money depos- ited by him shall be a sufficient voucher for such col- lector in the settlement Of his accounts at the Treas- ury Department. (R. S. § 321.1.) $ 5935. Collector’s monthly statement; final accounts—Every collector shall, at the expiration of each month after he commences his collections, trans- Imit to the Commissioner of Internal Revenue a state- ment of the collections made by him within the month. And every collector shall complete the collection of all sums assigned to him for Collection, and shall pay Over the same into the Treasury, and shall render his accounts to the Treasury Department as often as he may be required. (R. S. § 3212.) - . See §§ 5925, 5936. § 5936. Collector’s quarterly accounts—Collec- tors of internal revenue shall render their revenue ac- counts quarterly. (May 27, 1908, c. 200, § 1, 35 Stat. 325.) § 5937. Suits for fines, penalties, and forfei- tures, and taxes—ſt shall be the duty of the COl- lectors, in their respective districts, subject to the provisions of this Title, to prosecute for the recovery of any sums which may be forfeited by law. All suits for fines, penalties, and forfeitures, where not otherwise provided for, shall be brought in the name Of the United States, in any proper form. Of action, or by any appropriate form of proceeding, qui tam Or otherwise, before any [circuit or] district court of the United States, for the district within which said fine, penalty, or forfeiture may have been incurred, or before any other court of competent jurisdiction ; and taxes may be sued for and recovered in the name of the United States, in any proper form of ac- tion, before any [circuit or] district court of the Unit- ed States for the district within which the liability to Such tax is in Curred, Or Where the party from whom such tax is due resides at the time Of the COm- mencement of the said action. (R. S. § 3213.) § 5938. Same; sanction of Commissioner—No suit for the recovery of taxes, or of any fine, penalty, or forfeiture, shall be commenced unless the Com- missioner Of Internal Revenue authorizeS Or San C- tions the proceedings: Provided, That in case of any suit for penalties or forfeitures brought upon infor- mation received from any person, other than a col- lector or deputy collector, the United States shall not be subject to any costs of suit. (R. S. § 3214.) § 5939. Same; regulations—It shall be the duty of the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to estab- lish such regulations, not inconsistent with law, for the observance of revenue Officers, districts attorneys, and marshals, respecting suits arising under the in- ternal-revenue laws in which the United States is a party, as may be deemed necessary for the just re- sponsibility of those officers and the prompt Collection * & Ch. 2) ź 5946 INTERNAL REVENUE [Page 9331 of all revenues and debts due and accruing to the United States under such laws. (R. S. § 3215.) § 5940. Same; moneys recovered paid to col- lectors—All judgments and moneys recovered Or re- ceived for taxes, costs, forfeitures, and penalties, shall be paid to collectors as internal taxes are required to be paid. (R. S. § 3216.) § 5941. Collection of dues from delinquent collector—When any collector fails either to Col- lect or to render his account, or to pay Over in the manner or within the times provided by law, the First Comptroller of the Treasury shall, immediately after evidence of such delinquency, report the same to the Solicitor of the Treasury, who shall issue a warrant of distress against such delinquent Collector, directed to the marshal of the district, expressing therein the amount with which the said collector is chargeable, and the sums, if any, which have been paid over by him, so far as the same are ascertaina- ble. And the said marshal shall, himself, or by his deputy, immediately proceed to levy and Collect the sum which may remain due, with five per centum thereon, and all the expenses and charges of Collec- tion, by distress and sale of the goods and Chattels, Or any personal effects of the delinquent collector, giving at least five days’ notice Of the time and place of sale, in the manner provided by law for advertising sales Of personal property on execution in the State where- in such collector resides. And the bill of sale of the Officer of any goods, chattels, or other personal prop- erty, distrained and sold as aforesaid, shall be con- Clusive evidence of title to the purchaser, and prima- facie evidence of the right of the officer to make such Sale, and of the correctness of his proceedings in sell- ing the same. And for want of goods and chatteis, or Other personal effects of such collector, sufficient to Satisfy any warrant of distress, issued as aforesaid, the real estate of such collector, or so much thereof as may be necessary for satisfying the said warrant, after being advertised for at least three weeks next before the time of sale, in not less than three public places in the COllection-district, and in One newspaper printed in the county or district, if any there be, Shall be sold at public auction by the marshal or his deputy. Upon such sale, the marshal shall make and deliver to the purchaser of the premises sold a deed of conveyance thereof, to be executed and acknowl- edged in the manner and form prescribed by the laws of the State in which said lands are situated, and said deed so made shall invest the purchaser with all the title and interest Of the defendant named in Said warrant, existing at the time of the seizure thereof. And all moneys that may remain of the proceeds of Such sale of personal or real property, after satisfy- ing the said warrant of distress, and paying the rea- SOnable Costs and charges of sale, shall be returned to the proprietor of the property sold as aforesaid. (R. S. § 3217.) . § 5942. Collectors charged with what—Every Collector shall be charged with the whole amount of taxes, whether Contained in lists transmitted to him by the Commissioner of Internal Revenue, or by other Collectors, or delivered to him by his predecessor in office, and with the additions thereto, with the par value of all stamps deposited with him, and with all moneys collected for penalties, forfeitures, fees, or costs; and he shall be credited with all payments in- to the Treasury made as provided by law, with all stamps returned by him uncanceled to the Treasury, and with the amount Of taxes Contained in the lists transmitted in the manner heretofore provided to Other CollectOrS, and by them receipted as aforesaid ; also with the amount of the taxes of such persons as may have absconded, or become insolvent, prior to the day when the tax Ought, according to the provisions Of law, to have been collected, and with all uncol- lected taxes transferred by him or by his deputy act- ing as collector to his successor in office: Provided, | c. 125, § 6, 20 Stat. 341.) the due performance of his official duty: That it shall be proved to the satisfaction of the Com- missioner of Internal Revenue, who shall certify the facts to the First Comptroller of the Treasury, that due diligence was used by the CollectOr. And each collector shall also be credited with the amount of all property purchased by him for the use of the Unit- ed States, provided he faithfully account for and pay over the proceeds thereof upon a resale of the same as required by law. (R. S. § 3218.) - § 5943. Death of collector; uncollected bal- ances—In Case of the death, resignation, Or removal of any collector, all lists and accounts of taxes uncol- lected shall be transferred to his successor in Of- fice as soon as such successor is appointed and quali- fied, and it shall be the duty of such successor to Collect the same. (R. S. § 3219.) • - § 5944. Refundrinents; taxes or penalties—The Commissioner of Internal Revenue, subject to regula- tions prescribed by the Secretary of the Treasury, is authorized, On appeal to him made, to remit, refund, and pay back all taxes erroneously or illegally as- Sessed Or Collected, all penalties collected without authority, and all taxes that appear to be unjustly as- Sessed or excessive in amount, or in any manner Wrongfully Collected; also to repay to any collector or deputy collector the full amount of such sums of money as may be recovered against him in any court, . for any internal taxes collected by him, with the COst and expenses of Suit; also all damages and costs recoVered against any assessor, assistant assessor, Gol- lector, deputy Collector, or inspector, in any suit brought against him by reason of anything done in Provided, That where a second assessment is made in case of a list, Statement, or return which in the opinion of the Collector or deputy collector was faise or fraudulent, Or Contained any understatement or undervaluation, Such assessment shall not be remitted, nor shall taxes Collected under such assessment be refunded, or paid back, unless it is proved that said list, statement, or return was not false or fraudulent, and did not con- tain any understatement or undervaluation. (R. S. § 3220.) r - - . § 5945. Same; spirits accidentally destroyed —The Secretary of the Treasury, upon the production to him. Of Satisfactory proof of the actual destruc- tion by accidental fire or other casualty, and without any fraud, collusion, or negligence of the owner there- Of, Of any distilled spirits, while the same remained in the Custody of any officer of internal revenue in any distillery warehouse, or bonded warehouse of . the United States and before the tax thereon has been paid, may abate the amount of internal taxes accru- ing thereon, and may cancel any warehouse bond, or enter satisfaction thereon, in whole or in part, as the Case may be. And if such taxes have been Collected Since the destruction. Of Said Spirits, the said Secre- tary Shall refund the same to the OWners thereof Out of any moneys in the Treasury not otherwise appro- priated. And when any distilled spirits are hereafter destroyed by accidental fire or other casualty, with- out any fraud, collusion, Or negligence of the owner thereof, after the time When the Same should have been drawn off by the gauger and placed in the dis- tillery-Warehouse provided by law, no tax shall be col- lected on such spirits so destroyed, or, if collected, it Shall be refunded upon the production Of Satisfac- tory proof that the Spirits Were destroyed as here- in specified. (R. S. § 3221, amended, March 1, 1879, (R. S. § 3222. Temporary.) This section provided that the preceding section should take effect in all cases of loss which had occurred since January 1, 1868. It is omitted as temporary merely. § 5946. Same; tax on lost spirits indemnified Thy insurance—When the owners of distilled Spirits in the cases provided for by the two preceding sec- tions may be indemnified against such tax by a valid claim of insurance, for a sum greater than the actual 3 5947 (Tit. 35 INTERNAL REVENUE [Page 934] value Of the distilled Spirits before and Without the tax being paid, the tax shall not be remitted to the extent of such insurance. (R. S. § 3223, amended, March 1, 1879, c. 125, § 3, 20 Stat. 333.) § 5947. Restraining assessments or collection of taxes—No suit for the purpose of restraining the aSSessment or collection of any tax shall be main- tained in any court. (R. S. § 3224.) - § 5948. Suits to recover taxes; taxes colleet- ed under second assessment—When a second assess- ment is made in Case of any list, statement, or return, Which in the Opinion of the collector or deputy col- lector was false or fraudulent, or contained any understatement or undervaluation, no tax collected under such assessment shall be recovered by any suit unless it is proved that the said list, statement, or return Was not false nor fraudulent and did not con- tain any understatement or undervaluation; but this Section Shall not apply to statements or returns made Or to be made in good faith under the laws of the United States regarding annual depreciation of oil Or gas Wells and mines. (R. S. § 3225, amended, Sept. 8, 1916, c. 463, § 14(d), 39 Stat. 773.) § 5949. Same; taxes wrongfully collected—No Suit shall be maintained in any court for the recovery Of any internal tax alleged to have been erroneously Or illegally assessed or collected, or of any penalty Claimed to have been collected without authority, or Of any sum alleged to have been excessive or in any manner Wrongfully collected, until appeal shall have been duly made to the Commissioner of Internal Rev- enue, according to the provisions of law in that re- gard, and the regulations of the Secretary of the Treasury established in pursuance thereof, and a de- Cision of the Commissioner has been had therein: Provided, That if such decision is delayed more than Six months from the date of such appeal, then the Said Suit may be brought, without first having a de- Cision of the Commissioner at any time within the period limited in the next section. (R. S. § 3226, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248.) $ 5950. Same; limitations—No suit or proceed- ing for the recovery of any internal tax alleged to have been erroneously or illegally assessed or col- lected, or of any penalty alleged to have been col- lected Without authority, or of any sum alleged to have been excessive or in any manner wrongfully Collected, Shall be maintained in any court, unless the same is brought within two years next after the Cause of action accrued: Provided, That actions "for Such claims which accrued prior to June six, eighteen hundred and seventy-two, may be brought within one year from said date; and that where any such claim was pending before the Commissioner, as provided in the preceding section, an action thereon may be brought within one year after such decision and not after. red by any statute on the said date shall be revived by this section. (R. S. § 3227.) * § 5951. Claims for refundment; limitation— All claims for the refunding of any internal tax al- leged to have been erroneously or illegally assessed Or Collected, or of any penalty alleged to have been Collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully Collected, must be presented to the Commissioner of Internal Revenue within two years next after the cause of action accrued: Provided, That claims which accrued prior to June six, eighteen hundred and sev- enty-two, may be presented to the Commissioner at any time within one year from said date. But noth- ing in this section shall be construed to revive any right of action which was already barred by any statute on that date. (R. S. § 3228.) - § 5952. Compromises—The Commissioner of In- ternal Revenue, with the advice and consent of the Secretary Of the Treasury, may compromise any civil Or criminal case arising under the internal-revenue But no right of action which was already bar- . 5980b. 59.80d. laws instead of commencing suit thereon ; and, with the advice and consent of the said Secretary and the recommendation of the Attorney-General, he may Compromise any such case after a suit thereon has been commenced. Whenever a compromise is made in any case there shall be placed on file in the of fice of the Commissioner the Opinion of the Solicitor of Internal Revenue, or of the officer acting as such, With his reasons therefor, with a statement of the amount Of tax as SeSSed, the amount Of additional tax Or penalty imposed by law in consequence of the Ineglect or delinquency of the person against whom the tax is assessed, and the amount actually paid in a CCOrdance with the terms Of the compromise. (R. S. § 3229.) - § 5953. Discontinuances of criminal prosecu- tions—No discontinuance or nolle prosequi of any Drosecution under Section three thousand two hun- dred and fifty-seven shall be allowed without the per- mission in writing of the Secretary of the Treasury and the Attorney-General. (R. S. § 3230.) § 5954. Continuances of internal-revenue cases—It shall be lawful for any Court in which any suit Or criminal proceeding arising under the internal-revenue laws may be pending, to Continue the same at any stage thereof, for good cause shown on motion by the district attorney. (R. S. § 3231.) " see Chapter Three—Special Taxes 5955. Trade or business prohibited until tax paid. 5956. Trade or business to be registered. 5957. Partners at same place liable for only one tax. 5958. Payment of one tax covering several places of business. 5959. More than one pursuit carried on in same place by Same person at same time. 5960. When due ; returns. 5961. Stamps. 5962. Same; exhibition. 5963. List of tax-payers; exhibition; certified copy. 5964. Death or removal after paying tax. 5965. Carrying on business Without payment; 5966. Same; forfeitures. 5967. Same; manufacturer of, or dealer in, oleonargarine. 5968. Same; manufacturer of, or dealer in, process or reno- wated, or adulterated butter; penalty. 5969. Same; manufacturer of, or dealer in, filled cheese. 5970. Payment of tax; effect on violation of State laws and State taxation. 5971. Special taxes enumerated. -- (1) Brewers. (2) Manufacturers of stills; (3) Rectifiers. - (4) Retail liquor dealers. Wholesale liquor dealers. (5) Retail dealers in malt liquors. Wholesale dealers in malt liquors. (6) (Superseded in part, and remainder transferred.) (7) (Superseded.) (8) (Superseded in part, and remainder transferred.) (9) (Superseded.) (10) (Superseded.) (11) (Superseded in part, and remainder transferred.) 5972. Manufacturers of wooden Stills. 5973. Retail and wholesale liquor dealers; sale dealers in malt liquors. penalties. drawback. retail and whole- 5974. Distiller selling own product; record of sales; tran- script; forfeiture. 5975. Vintners, apothecaries, manufacturing chemists, and flavoring extract manufacturers. 5976. Retail liquor or tobacco dealers on passenger trains, steamboats, or other vessels. 5977. Manufacturers of, or dealers in, oleomargarine. 5978. Manufacturers of, or dealers in, process, renovated, , or adulterated butter. 5979. Manufacturers of, or dealers in, filled cheese. 5980. Manufacturers or packers of mixed flour. 5980a. Corporation tax. Brokers. Pawnbrokers. Ship brokers. Custom house brokers. Theaters, museums, and concert halls. Circuses. Enumerated public exhibits. - Bowling alleys and billiard rooms. Tobacco, cigar, and cigarette manufacturers. Other laws made applicable. - 59.807. Repeal. ã980m. When act takes effect. § 5955. Trade or business prohibited until tax paid—No person shall be engaged in or carry on 59.80C. 5980e: 5980f. 5980g. 5980h. 5980i. 5980j. 5980k; Ch. 3) 3 5965 INTERNAL REVENUE any trade Or busineSS hereinafter mentioned until he has paid a Special tax therefor in the manner here- inafter provided. (R. S. § 3232.) - § 5956. Trade or business to be registered— Every perSon engaged in any trade Or busineSS On which a special tax is imposed by law shall register With the Collector of the district his name Or Style, place . Of residence, trade or business, and the place Where such trade or business is to be Carried on. In Case of a firm or company, the names of the Several persons constituting the same, and their places Of residence, shall be so registered. (R. S. § 3233.) § 5957. Partners at same place liable for only one tax—Any number of persons doing busineSS in copartnership at any one place shall be required to pay but one special tax. (R. S. § 3234.) § 5958. places of business—The payment of the special tax imposed shall not exempt from an additional Special tax the person Carrying on a trade or business in any Other place than that stated in the collector’s regis- ter; but nothing herein contained shall require a spe- Cial tax for the storage of goods, wares, or merchan- dise in other places than the place of business, nor, except as hereinafter provided, for the sale by manu- facturers or producers of their own goods, wares, and merchandise, at the place of production or manufac- ture, and at their principal office or place of business, provided no goods, Wares, or merchandise shall be kept except as samples at said office or place of busi- ness. (R. S. § 3235.) - - § 5959. More than one pursuit carried on in same place by same person at same time—When- ever more than one of the pursuits Or occupations hereinafter described are carried on in the same place by the same person at the same time, except as here- inafter provided, the tax shall be paid for each ac- COrding to the rates Severally prescribed. (R. S. § 3236.) (R. S. § 3237. Superseded.) This section made all special taxes due on the first Monday of May in each year, or on commencing any busi- ness on which a tax was imposed, and in the former case the tax should be reckoned for one year, and in the latter Case it should be reckoned proportionately from the 1st of the month in which the liability to a special tax com- menced to the 1st day of May following. It was super- seded by Act Oct. 1, 1890, c. 1244, § 53 (§ 5960). § 5960. When due; returns—That all special taxes shall become due on the first day of July, eighteen hundred and ninety-One, and On the first day of July in each year thereafter, or on commencing any trade or business on which such tax is imposed. gº [Page 935] \ Payment of one tax covering several In the former Case the tax shall be reckoned for One year; and in the latter case it shall be reckoned pro- portionately, from the first day of the month in which the liability to a special tax commenced to the first day of July following. * * And it shall be the duty of special tax payers to render their returns to the deputy collector at such times within the Calen- dar month in which the Special tax liability Com- menced as shall enable him to receive Such returns, duly signed and Verified, not later than the last day of the month, except in cases of sickness or absence, aS provided for in Section three thousand One hun- dred and seventy-six of the Revised Statutes. (Oct. 1, 1890, c. 1244, § 53, 26 Stat. 624.) R. S. § 3176, is $ 5899. § 5961. Stamps—All special taxes imposed by law, including the tax. On stills Or WOrms, shall be paid by Stamps denoting the tax, and the Commis- Sioner of Internal Revenue is required to procure ap- propriate stamps for the payment of such taxes; and the provisions of sections thirty-three hundred and twelve and thirty-four hundred and forty-six, and all other provisions of law relating to the prepara- tion and issue of stamps for distilled spirits, fer- mented liquors, tobacco, and cigars, shall, so far as applicable, extend to and include such stamps for Special taxes; and the Commissioner of Internal ReV- enue shall have authority to make all needful regu- lations relative thereto. (R. S. § 3238, amended Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) - R. S. §§ 3312, 3446, are $$ 6094, 6343. § 5962. Same; exhibition—Every person engag- ed in any business, avocation, or employment, who is thereby made liable to a special tax, except tobacco peddlers, shall place and keep conspicuously in his establishment or place of business all stamps denot- ing the payment of said special tax; and any person who shall, through negligence, fail to so place and keep said stamps shall be liable to a penalty equal to the Special tax for which his business rendered him liable, and the costs of prosecution ; but in no case Shall Said penalty be less than ten dollars. And where the failure to comply with the foregoing pro- Vision of law shall be through willful neglect or re- fusal, then the penalty shall be double the amount above prescribed: Provided, That nothing in this Section shall in any way affect the liability of any person for exercising or carrying on any trade, busi- neSS, Or profession, or doing any act for the exercis- ing, Carrying On, or doing of which a special tax is imposed by law, without the payment thereof. (R. Bis§ 3239, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. .) § 5963. List of tax-payers; exhibition; certi- fied copy—Each Collector Of internal revenue Shall, under regulations of the Commissioner of Internal Revenue, place and keep conspicuously in his office, for public inspection, an alphabetical list of the names Of all persons who shall have paid special taxes Within his district, and shall state thereon the time, place, and business for which such special taxes have been paid, and upon application of any prosecuting officer of any State, county, or municipality he shall furnish a certified copy thereof, as a public record, for which a fee of One dollar for each. One hundred words or fraction thereof in the copy or copies so requested may be charged. (R. S. § 3240, amended, June 21, 1906, c. 3509, 34 Stat. 387.) - § 5964. Hºeath or reymoval after paying tax— When any person who has paid the special tax for any trade Or business dies, his wife or child, or execu- tors Or administrators Or other legal representatives, may Occupy the house Or premises, and in like man- ner carry on, for the residue of the term for which the tax is paid, the same trade or business as the deceased before Carried On, in the same house and upon the same premises, without the payment of any additional tax. And when any person removes from the house Or premises for which any trade Or busi- neSS Was taxed to any other place, he may carry On the trade or business specified in the collector’s reg- ister at the place to which he removes, without the payment of any additional tax: Provided, That all Cases of death, Change, or removal, as aforesaid, with the name Of the successor to any person deceased, or of the person making Such change or removal, shall be registered with the collector, under regulations to be prescribed by the Commissioner of Internal Reve- nue. (R. S. § 3241.) § 5965. Garrying on business without pay- ment; penalties—Every person who carries on the business Of a rectifier, wholesale liquor-dealer, re- tail liquor-dealer, or manufacturer of stills, without having paid the special tax as required by law, shall, for every such offense, be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years. And all distilled spirits Or wines, and all apparatus fit or intended to be used for the distillation Or rectification Of Spirits Or the COmpound- ing of liquors, owned by such person, wherever found, and all distilled Spirits or wines and personal property found in the rectifying establishment, or in any building, room, yard, or inclosure connected there with, and used with Or constituting a part Of the premises, shall be forfeited to the United States. [Every person who carries on the business Of a & 5965 - | (Tit. 35 INTERNAL REVENUE manufacturer of tobacco, snuff, or cigars, dealer in manufactured tobacco, dealer in leaf-toba CCO, Or re- tail dealer in leaf-tobacco, without having paid a special tax therefor, as provided by law, shall, be- sides being liable to the payment of the tax, be fined not more than five hundred dollars or be imprisoned not more than one year, or both, at the discretion of the Court.] And every person who carries On the business of a brewer or wholesale or retail dealer in malt liquors, without having paid a special tax there- for, as required by law, Shall, besides being liable to the payment of the tax, be fined not less than ten dollars nor more than five hundred döllars. (R. S. § 3242.) - - Text in brackets superseded by § 6177. And see § 5980j. § 5966. Same; forfeitures—Any person who shall carry On the bušiness of a rectifier, Wholesale liquor-dealer, retail liquor-dealer, wholesale dealer in malt-liquors, retail dealer in malt-liquors, Or man- ufacturer of stills, without having paid the Special tax as required by law, or who shall carry On the busi- ness Of a distiller without having given bond as re- quired by law, Or Who Shall engage in Or Carry On the business of a distiller with intent to defraud the United States. Of the tax on the spirits distilled by him, or any part thereof, shall, for every Süch Offense be fined not leSS than One hundred dollars nor more than five thousand dollars and imprisoned not less than thirty days nor more than two years. And all distilled spirits or wines, and all stills or other ap- paratus, fit or intending to be used for the distilla- tion or rectification of spirits, or for the Compound- ing of liquors, owned by such person, wherever found, and all distilled spirits Or Wines and perSOnal prop- erty found in the distillery or rectifying establishment, or in any building, room, yard, inclosures connected therewith, and used with or constituting a part of the premises ; and all the right, title, and interest of such person in the lot or tract of land on which Such distillery is situated, and all right, title, and interest therein of every person who knowingly has suffered or permitted the business of a distiller to be there Carried On, Or has Connived at the same; and all personal property Owned by Or in possession of any person who has permitted or suffered any building, yard, Or enclosure, or any part thereof, to be used for purposes of ingress Or egress to or from such dis- tillery winich shall be found in any such building, yard, or enclosure, and all the right, title, and interest, Of every perSOn in any premises used for ingress Or egress to Or from such distillery, who has knowingly suffered or permitted such premises to be used for such ingress or egress, shall be forfeited to the Unit- ed States. (Feb. 8, 1875, c. 36, § 16, 18 Stat. 310.) § 5967. Same; manufacturer of, or dealer im, oleomargarine—Every person Who Carries on the business Of a manufacturer Of OleOmargarine with- out having paid the special tax therefor, as requir- ed by law, shall, besides being liable to the pay- ment of the tax, be fined not less than One thousand and not more than five thousand dol- lars; and every person who carries on the business of a Wholesale dealer in OleOmargarine without having paid the Special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than five hundred nor more than two thousand dollars; and every person who carries on the business of a retail dealer in Oleomargarine with- Out having paid the Special tax therefor, as required by law, Shall, besides being liable to the payment of the tax, be fined not less than fifty nor more than five hundred dollars for each and every offense. (Aug. 2, 1886, c. 840, § 4, 24 Stat. 209.) - - $ 5968. Same; manufacturer of, or dealer in, process or renovated, or adulterated butter; pen- alty–Every person who carries on the business of a manufacturer of process or renovated butter or adul- terated butter Without having paid the special tax [Page 936] - therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than one thousand and not more than five thousand dollars; and every person who carries on the business of a dealer in adulterated butter without having paid the Special tax therefor, as required by law, shall, be- sides being liable to the payment of the tax, be fined not less than fifty nor more than five hundred dol- lars for each Offense. Stat. 194.) - § 5969. Same; manufacturer of, or dealer in, filled cheese—Every person, firm, or corporation who carries on the business of a manufacturer of filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable to the payment Of the tax, be fined not less than four hun- (May 9, 1902, c. 784, § 4, 32 dred dollars and not more than three thousand dol- lars; and every person, firm, or corporation who carries on the business of a wholesale dealer in filled cheese without having paid the special tax there- for, as required by law, shall, besides being liable to the payment Of the tax, be fined not less than two hundred and fifty dollars nor more than one thousand dollars; and every person, firm, or corporation who Carries On the business of a retail dealer in filled cheese without having paid the special tax there- for, as required by law, shall, besides being liable for the payment of the tax, be fined not less than forty nor more than five hundred dollars for each and every offense. (June 6, 1896, c. 337, § 4, 29 Stat. 254.) § 5970. Payment of tax; effect on violation of State laws and State taxation—The payment of any tax imposed by the internal-revenue laws for Carrying on any trade or business shall not be held to exempt any person from any penalty or punishment provid- ed by the laws of any State for carrying on the same within such State, or in any manner to authorize the commencement or continuance of such trade or busi- neSS Contrary to the laws Of Such State Or in places prohibited by municipal law; nor shall the payment of any such tax be held to prohibit any State from plac- ing a duty or tax on the same trade or business, for State or other purposes. (R. S. § 3243.) § 5971. Special taxes enumerated—Special taxes are imposed as follows: (1) Brewers—First. Brewers shall pay one hun- dred dollars. Every person who manufactures fer- mented liquors of any name or description for sale, from malt, wholly or in part, or from any substitute therefor, shall be deemed a brewer: Provided, That any person who manufactures less than five hundred barrels a year shall pay the sum of fifty dollars. (2) Manufacturers of stills; drawback-Second. Manufacturers of stills shall each pay fifty dollars, and twenty dollars for each still or worm for distill- ing made by him. Any person who manufactures any still or worm to be used in distilling shall be deemed a manufacturer of stills. Upon all stills manufactur- ed for export, and actually exported, there shall be allowed a drawback, where the tax thereon has been paid, under such rules and regulations as the Commis- Sioner of Internal Revenue, with the approval Of the Secretary of the Treasury, shall prescribe. (3) Rectifiers—Third. Rectifiers of distilled spirits shall pay two hundred dollars. Every person Who rectifies, purifies, or refines distilled spirits or wines by any process other than by original and Continu- ous distillation from mash, wort, Or Wash, through continuous closed vessels and pipes, until the manu- facture thereof is complete, and every Wholesale Or retail liquor-dealer who has in his possession any still or leach-tub, or who keeps any other apparatus for the purpose of refining in any manner distilled spirits, and every person who, without rectifying, purifying, or refining distilled spirits, shall, by mix- ing such spirits, wine, or other liquor with any ma- terials, manufacture any spurious, imitation, Or Com- pound liquors for sale, under the name of Whisky, Ch. 3) 3 5973 INTERNAL REVENUE IPage 937I brandy, gin, rum, wine, spirits, cordials, or wine bit- ters, Or any other name, shall be regarded as a rec- tifier, and as being engaged in the business of rec- tifying: Provided, That any person who rectifies, purifies, refines, or manufactures as aforesaid less than five hundred barrels a year, counting forty gal- lons Of proof spirits to the barrel, shall pay one hun- dred dollars. And provided, That nothing in this sec- tion shall be held to prohibit the purifying or re- fining of Spirits in the course of original and continu- OuS distillation through any material which will not remain incorporated with such spirits when the man- ufacture thereof is complete: And provided further, That no officer shall collect any special tax for rec- tifying distilled spirits on any premises distant less than six hundred feet in a direct line from any dis- tillery. ' And every officer who collects any special tax in violation of this proviso shall be liable to a penalty Of five thousand dollars for each Offense. (4) Retail liquor dealers—Fourth. Retail dealers in liquors shall pay twenty-five dollars. Every person Who sells, or offers for sale foreign or domestic dis- tilled spirits or wines, in less quantities than five Wine gallons at the same time, shall be regarded as a retail dealer in liquors. See § 5973. Wholesale liquor dealers—Wholesale liquor- dealers shall pay one hundred dollars. Every person who sells 'Or Offers for sale foreign or domestic dis- tilled spirits Or wines, in quantities Of not less than five wine gallons at the same time, shall be regarded as a wholesale liquor-dealer. But no distiller Who has given the required bond, and Who Sells Only dis- tilled spirits of his own production at the place of manufacture, in the original packages to which the tax-stamps are affixed, shall be required to pay the special tax of a wholesale liquor-dealer on account Of Such Sales. See § 5973. , . (5) Retail dealers in malt liquors—Fifth. Re- tail dealers in malt liquors shall pay twenty dollars. Every person who sells or offers for sale malt liq- uors in quantities of five gallons or less at One time, but who does not deal in spirituous liquors, shall be regarded as a retail dealer in malt liquors. - See § 5973. - Wholesale dealers in malt liquors—Wholesale dealers in malt liquors shall pay fifty dollars. Every person who sells or offers for sale malt liquors in larger quantities than five gallons at One time, but who does not deal in spirituous liquors, shall be re- garded as a wholesale dealer in malt liquors: Provid- ed, That no brewer shall be required to pay a Special tax as a wholesale dealer by reason of Selling in the original stamped packages, whether at the place of manufacture or otherwise, malt liquors manufactured by him. But no special tax shall be held to accrue on a sale of distilled spirits, wines, or malt liquors made by a person who is not otherwise a dealer in liquors, where such spirits, wines, or liquors have been received by the person SO Selling as security for or in payment of a debt, or as executor, administra- tor, or other fiduciary, or have been levied on by any officer, under order or process of any court or magis- trate, and where such spirits are sold by such person in one parcel only, or at public auction in parcels not less than twenty wine-gallons, nor shall such tax be held to accrue On a sale made by a retiring part- ner, or the representatives of a deceased partner to the incoming, remaining, or surviving partner or part- Iners of a firm; nor shall the Special tax of a whole- sale liquor-dealer or wholesale dealer in malt liquors be held to apply to a retail dealer in liquors or a re- tail dealer in malt liquors, because of such retail dealer selling out his entire stock of liquors in one parcel, or in parcels embracing not less than his en- tire Stock of distilled Spirits, Of Wines, or of malt liquors; and section thirty-three hundred and nine- teen of the Revised Statutes shall not be held to pro- hibit a rectifier or liquor-dealer from purchasing, in quantities greater than twenty wine-gallons, the dis- tilled Spirits sold in one parcel as aforesaid. (R. S. § 3244, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319, and March 1, 1879, c. 125, §§ 4, 10, 20 Stat. 333, 342.) R. S. § 3319, is § 6101. Sixth. ferred.] This Subsection imposed a tax of twenty-five dollars a year upon dealers in leaf tobacco. It was amended by Act March 1, 1879, c. 125, § 14, 20 Stat. 343. The tax was reduced to twelve dollars a year by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such dealers were required to register by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 26 ($ 6.177). Remainder of section is § 6176. And see §§ 5980b-59801, 5980m, 6175, 6346a. Seventh. [Superseded.] This subsection imposed a tax on retail dealers in leaf tobacco. The tax was reduced by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such dealers were required to register, by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 26 (§ 6.177). And see §§ 59801, 6175. For definition of retail dealers in leaf tobacco by the Payne- Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 35, see § 6175. Eighth. [Superseded in part, and remainder transferred.] This subsection imposed a tax on dealers in tobacco. The tax was reduced by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such dealers were re- quired to register, by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 26 (§ 6177). And see §§ 5980i, 6176. Ninth. [Superseded.} This subsection imposed a tax on manufacturers of to- bacco. The tax was reduced by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such manufacturers were required to register, by Act Oct. 1, 1890, c. 1244, § 26 (§ 6.177). And see $$ 5980j-5980l, 6162. Tenth. [Superseded.] This subsection imposed a tax on manufacturers of ci- gars. The tax was reduced by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such manufacturers were required to register, by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 26 ($ 6.177). And see §§ 5980j-5980i, 6162. - - Eleventh. [Superseded in part, and remainder transferred.] - This subsection imposed an annual tax on peddlers. The tax was reduced by Act March 3, 1883, c. 121, § 2, 22 Stat. 488, and was abolished, and such peddlers were re- quired to register, by the McKinley. Tariff Act of Oct. 1, 1890, c. 1244, § 26 (§ 6.177). And see §§ 5976–5980, 6187. § 5972. Manufacturers of wooden stills—Sub- section second of section, thirty-two hundred and forty-four shall not apply to distillers in registered distilleries who manufacture for their Own use WOOd- en stills, but each of said distillers shall give notice to the collector of the district in which his distillery is located of each still manufactured before the same is used. (May 28, 1880, c. 108, § 18, 21 Stat. 149.) See § 5971(2). - - § 5973. Retail and wholesale liquor dealers; retail and wholesale dealers in malt liquors- That retail dealers in liquors shall pay twenty-five dollars. Every person who sells, or Offers for sale, foreign or domestic distilled spirits wines, or malt . And see § 5973. [Superseded in part, and remainder trans- | liquors, otherwise than as hereinafter provided, in less quantities than five wine-gallons at the same time, shall be regarded as a retail dealer in liquors. Whole- sale liquor-dealers shall each pay one hundred dol- lars. Every person who sells, or offers for sale, for- eign or domestic distilled spirits, wines, or malt liq- uors, otherwise than as hereinafter provided, in quan- tities of not less than five wine-gallons at the same time, shall be regarded as a wholesale liquor-dealer. But no distiller who has given the required bond and who sells Only distilled spirits Of his OWn produc- tion at the place of manufacture in the original pack- ages to which the tax-stamps are affixed, shall be re- quired to pay the special tax of a wholesale liquor- dealer on account of such sales. Retail dealers in malt liquors shall pay twenty dollars. Every person who sells, or offers for sale, malt liquors in less Quantities than five gallons at One time, but who does not deal in spirituous liquors, shall be regarded as a retail dealer in malt liquors. Wholesale dealers in malt liquors shall pay fifty dollars. Every person Who sells, Or offers for sale, malt liquors in quantities 3 5973 (Tit. 35 INTERNAL REVENUE IPage 938] of not less than five gallons at one time, but who does not deal in Spirituous liquors at wholesale, shall be regarded as a wholesale dealer in malt liquors: Pro- Vided, That no brewer shall be required to pay a spe- Cial tax as a dealer by reason of selling in the origi- nal Stamped packages whether at the place Of manu- facture or elsewhere, malt liquors manufactured by him, or purchased and procured by him in his own casks or Vessels, under the provisions of section thirty- three hundred and forty-nine of the Revised Stat- utes; but the quantity of malt liquors so purchased Shall be included in calculating the liability to brew- er's Special tax of both the brewer who manufactures and sells the same and the brewer who purchases the Same: And it is hereby provided, That no further Collection of Special tax as retail dealers in malt liquors shall be made from brewers for selling malt liquors of their own manufacture in the Original stamped eight-barrel package. (Feb. 8, 1875, c. 36, § 18, 18 Stat. 311, amended, March 1, 1879, c. 125, § 4, 20 Stat. 333.) - - This section modifies R. S. § 3244, subsecs. 4, 5 ($ 5971). § 5974. Distiller selling own product; record of sales; transcript; forfeiture—No distiller who has given the required bond and who sells only dis- tilled spirits of his own production at the place of manufacture, Or at the place of storage in bond, in the Original packages to which the tax-paid stamps are affixed, shall be required to pay the special tax Of a Wholesale liquor dealer on account of such sales: . Provided, That he shall be required to keep the book prescribed by section thirty-three hundred and eight- een of the Revised Statutes of the United States, or SO much as shall show the date when he sent out any spirits, the serial numbers of the packages contain- ing Same, the kind and quality of the spirits in wine gallons and taxable gallons, the serial numbers of the Stamps On the packages, and the name and resi- dence of the person to whom sent; and the provisions Of Section five Of an Act entitled “An Act to amend the laws relating to internal, revenue,” approved March fifth, eighteen hundred and seventy-nine, as to transcripts, shall apply to such books. Any failure, by reason of refusal or willful neglect, to furnish the transcript by him shall subject the Spirits owned or distilled by him to forfeiture. (Aug. 27, 1894, c. 349, § 62, 28 Stat. 567.) - See § 6100. (R. S. § 3245. Temporary.) This section provided that the special tax paid by dis- tillers prior to August 1, 1872, not exhausted by the quan- tity of spirits distilled, should be refunded. It is omitted as temporary merely and executed. § 5975. Vintners, apothecaries, manufactur- ing chemists and flavoring extract manufactur- ers—Nothing in this chapter shall be construed to impose a special tax upon vintners who sell wine of their own growth, or manufacturers who sell wine produced from grapes grown by others, at the place where the same is made or at the general business office of Such vintner Or manufacturer: Provided, That no vintner Or manufacturer shall have more than One Office for the sale Of Such wine that shall be ex- empt from special tax under this Act; nor shall any special tax be imposed upon apothecaries as to wines or spirituous liquors which they use exclusively in the preparation or making-up of medicines. Nor shall any special tax be imposed upon manufac- turing chemists or flavoring extract manufacturers for recovering tax-paid alcohol or spirituous liquors from dregs or marc of percolation or extraction if said recovered alcohol or spirituous liquors be again used in the manufacture of flavoring extracts. (R. S. § 3246, amended, March 1, 1879, c. 125, § 5, 20 Stat. 334, and March 3, 1915, c. 78, 38 Stat. 893.) § 5976. Retail liquor or tobacco dealers, on passenger trains, steamboats, or other vessels— Nothing contained in chapter three of title thirty-five of the Revised Statutes shall prevent the issue, under such regulations as the Commissioner of Internal rying passengers. ReVenue may prescribe, of special-tax stamps to per- Sons Carrying on the business of retail dealers in liq- uors, retail dealers in malt liquors, or dealers in tobacco, upon passenger railroad-trains or upon steam- boats or other vessels engaged in the business of car- (May 8, 1876, No. 10, 19 Stat. 213.) Special taxes on dealers in tobacco repealed by Act Oct. 1, 1890, c. 1244, § 26 (§ 6.177). Special tax imposed by Act 9ct...??, 1914, c. 331, § 4.38 Stat. 752, repealed by Act sept. 8, 1916, c. 463, § 410 ($ 59.807). § 5977. Manufacturers of, or dealers in, oleo- margarine–Special taxes are imposed as follows: Manufacturers of Oleomargarine shall pay six hun- dred dollars. Every person who manufactures oleo- margarine for sale shall be deemed a manufacturer Of OleOmargarine. - - And any person that sells, vends, or furnishes ole- Omargarine for the use and consumption of . others, except to his own family table without compensation, Who shall add to Or mix with such oleomargarine any artificial Coloration that causes it to look like butter Of any shade of yellow shall also be held to be a man- ufacturer of OleOmargariné within the meaning of Said Act, and subject to the provisions thereof. Wholesale dealers in Oleomargarine shall pay four hundred and eighty dollars. Every person who sells Or Offers for sale Oleomargarine in the original manu- facturer's packages shall be deemed a wholesale deal- er in OleOmargarine. But any manufacturer of ole- Omargarine who has given the required bond and paid the required special tax, and who sells only Oleo- margarine of his own production, at the place of manufacture, in the original packages to which the tax-paid Stamps are affixed, shall not be required to pay the Special tax of a wholesale dealer in Oleo- margarine On account of such sales. Retail dealers in oleomargarine shall pay forty- eight dollars. Every person who sells oleomargarine in less quantities than ten pounds at one time shall be regarded as a retail dealer in oleomargarine. And Sections thirty-two hundred and thirty-two, thirty-two hundred and thirty-three, thirty-two hun- dred and thirty-four, thirty-two hundred and thir- ty-five, thirty-two hundred and thirty-six, thirty-two hundred and thirty-seven, thirty-two hundred and thirty-eight, thirty-two hundred and thirty-nine, thir- ty-two hundred and forty, thirty-two hundred and forty-One, and thirty-two hundred and forty-three of the Revised Statutes of the United States are, so far as applicable, made to extend to and include and apply to the special taxes imposed by this section, and to the persons upon, whom they are imposed: Provided, That in case any manufacturer of Oleo- margarine Commences business Subsequent to the thirtieth day of June in any year, the special tax shall be reckoned from the first day of July in that year, and Shall be five hundred dollars. Provided further, That wholesale dealers who vend no Other OleOmargarine Or butterine except that up- on which a tax of one-fourth of one per cent per pound is imposed by this Act, as amended, shall pay two hundred dollars; and such retail dealers as vend no other OleOmargarine or butterine except that upon which is imposed by this Act, as amended, a tax of One-fourth of one cent per pound shall pay six dol- lars. (Aug. 2, 1886, c. 840, § 3, 24 Stat. 209, amended, May 9, 1902, c. 784, § 2, 32 Stat. 194.) R. S. §§ 3232–3241, 3243, are $$ 5955–5959, 5961–5964, 5970. § 5978. Manufacturers of, or dealers in, pro- cess, renovated, or adulterated butter—Special taxes are imposed as follows: Manufacturers of process or renovated butter shall pay fifty dollars per year and manufacturers of adul- terated butter shall pay six hundred dollars per year. Every person who engages in the production of process or renovated butter or adulterated butter as a business shall be considered to be a manufactur- er thereof. Wholesale dealers in adulterated butter shall pay Ch. 3) 3 5980a INTERNAL REVENUE a tax of four hundred and eighty dollars per annum, and retail dealers in adulterated butter shall pay a tax of forty-eight dollars per annum. Every per- son who sells adulterated butter in less, quantities than ten pounds at One time shall be regarded as a retail dealer in adulterated butter. Every person who sells adulterated butter shall be regarded as a dealer in adulterated butter. And Sections thirty-two hundred and thirty-two, thirty- two hundred and thirty-three, thirty-two hundred and thirty-four, thirty-two hundred and thirty-five, thirty-two hundred and thirty-six, thirty-two hun- dred and thirty-seven, thirty-two hundred and thir- ty-eight, "thirty-two hundred and thirty-nine, thirty- two hundred and forty, thirty-two hundred and forty- One, and thirty-two hundred and forty-three Of the Revised Statutes of the United States are, so far as applicable, made to extend to and include and apply to the special taxes imposed by this section and to the person upon whom they are imposed. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) - - See § 5977 and note. § 5979. Manufacturers of, or dealers in, filled cheese—Special taxes are imposed as follows: Manufacturers of filled cheese shall pay four hun- dred dollars for each and every factory per annum. Every person, firm, or corporation who manufactures filled Cheese for Sale Shall be deemed a manufacturer Of filled Cheese. Wholesale dealers in filled cheese shall pay two hundred and fifty dollars per annum. Every person, firm, or corporation who sells or offers for sale filled cheese in the original manufacturer’s packages for resale, or to retail dealers as hereinafter defined, Shall be deemed a wholesale dealer in filled Cheese. But any manufacturer Of filled Cheese who has given the required bond and paid the required special tax, and who sells only filled cheese of his own pro- duction, at the place Of manufacture, in the Original packages, to which the tax-paid stamps are affixed, shall not be required to pay the special tax of a wholesale dealer in filled Cheese On account Of Such Sales. Retail dealers in filled cheese shall pay twelve dol- lars per annum. Every person who sells filled cheese at retail, not for resale, and for actual consumption, shall be regarded as a retail dealer in filled cheese, and sections thirty-two hundred and thirty-two, thir- ty-two hundred and thirty-three, thirty-two hundred and thirty-four, thirty-two hundred and thirty-five, thirty-two hundred and thirty-six, thirty-two hundred and thirty-seven, thirty-two hundred and thirty-eight, thirty-two hundred and thirty-nine, thirty-two hun- dred and forty, thirty-two hundred and forty-One, thirty-two hundred and forty-three of the Revised Statutes of the United States are, so far as applica- ble, made to extend to and include and apply to the Special taxes imposed by this section and to the per- sons, firms, or corporations upon whom they are im- posed: Provided, That all special taxes under this Act shall become due On the first day Of July in every year, or On Commencing any manufacture, trade, Or business On which said tax is imposed. case the tax shall be reckoned proportionately from the first day of the month in which the liability to the special tax commences to the first day of July following. (June 6, 1896, c. 337, § 3, 29 Stat. 253.) See § 5977 and note. , $ 5980. Manufacturers or packers of mixed flour-Every person, firm, or corporation, before en- gaging in the business of making, packing, or repack- ing mixed flour, shall pay a special tax at the rate of twelve dollars per annum, the same to be paid and posted in accordance with the provisions of sections thirty-two hundred and forty-two and thirty-two hun- dred and thirty-nine of the Revised Statutes, and subject to the fines and penalties therein imposed for any violation thereof. (June 13, 1898, c. 448, § 36, 30 Stat. 467.) t - {Page 939] In the latter § 5980a. Corporation tax—That on and after January first, nineteen hundred and seventeen, Spe- cial taxes shall be, and hereby are, imposed annually, as follows, that is to say: . Every Corporation, joint-stock company Or associa- tion, now or hereafter organized in the United States for profit and having a capital stock represented by shares, and every insurance Company, now Or here- after organized under the laws of the United States, or any State or Territory of the United States, shall pay annually a special excise tax With respect to the carrying on or doing business by such corpora- tion, joint-stock company or association, Or insurance company, equivalent to 50 cents for each $1,000 Of the fair value of its capital stock and in estimating the value of capital stock the surplus and undivided profits shall be included: Provided, That in the case Of insurance companies such deposits and reserve funds as they are required by law or contract to maintain or hold for the protection of or payment to or apportionment among policyholders shall not be included. The amount of such annual tax shall in all Cases be computed on the basis of the fair average value of the Capital stock for the preceding year: Provided, That for the purpose of this tax an exemp- tion of $99,000 shall be allowed from the capital stock as defined in this paragraph of each Corporation, joint-stock company or association, or insurance Com- pany: Provided further, That a corporation, joint- stock company or association, or insurance company, actually paying the tax imposed by section three hundred and One Of Title III Of this Act shall be en- titled to a credit as against the tax imposed by this paragraph equal to the amount of the tax so actually paid: And provided further, That this tax shall not be imposed upon any Corporation, joint-Stock Com- pany or association, or insurance company not en- gaged in business during the preceding taxable year, or which is exempt under the provisions of section eleven, Title I, of this Act. - Every Corporation, joint-Stock company Or asso- ciation, or insurance company, now or hereafter or- ganized for profit under the laws of any foreign Coun- try and engaged in business in the United States shall pay annually a special excise tax with respect to the carrying on or doing business in the United States by such corporation, joint-stock company or associa- tion, or insurance company, equivalent to 50 cents for each $1,000 of the capital actually invested in the transaction of its business in the United States: Pro- vided, That in the case of insurance Companies such deposits or reserve funds as they are required by law or contract to maintain or hold in the United States for the protection of or payment to or apportionment among policyholders, shall not be included. The amount of such annual tax shall in all cases be com- puted on the basis Of the average amount of Capital so invested during the preceding year: Provided, That for the purpose of this tax an exemption from the amount Of Capital SO invested shall be allowed equal to such proportion of $99,000 as the amount so invested bears to the total amount invested in the transaction of business in the United States Or else- where: Provided, further, That this exemption shall be allowed Only if Such COrporation, joint-stock com- pany Or association, Or insurance company makes return to the Commissioner of Internal Revenue, un- der regulations prescribed by him, with the approval of the Secretary of the Treasury, of the amount of capital invested in the transaction of business out- side the United States: And provided further, That a corporation, joint-Stock Company Or association, or insurance Company actually paying the tax impos- ed by section three hundred and one of Title III of this act, shall be entitled to a Credit as against the tax imposed by this paragraph equal to the amount of the tax so actually paid: And provided further, That this tax shall not be imposed upon any corpo- # 5980a (Tit. 35 INTERNAL REVENUE IPage 940.] ration, joint-stock company or association, Or insur- ance company not engaged in business during the pre- ceding taxable year, or which is exempt under the provisions of section eleven, Title I, of this Act. (Sept. 8, 1916, c. 463, § 407 [1], 39 Stat. 789.) - Title I, see §§ 5887, 5895, 5896, 5899, 5948, 6336a–6336m. Ti- tle III, see §§ 6336%a-6336%m. - § 5980b. Brokers—Second. Brokers shall pay $30. Every person, firm, or company, whose business it is to negotiate purchases or sales of stocks, bonds, exchange, bullion, coined money, bank notes, promis- sory notes, or other securities, for others, shall be re- garded as a broker. (Sept. 8, 1916, c. 463, § 407 [2], 39 Stat. 790.) - § 5980c. Pawnbrokers—Third. Pawnbrokers shall pay $50. Every person, firm, or company whose busi- ness or occupation it is to take or receive, by way of pledge, pawn, or exchange, any goods, Wares, Or mer- chandise, or any kind of personal property Whatever, as Security for the repayment of money loaned there- on, shall be deemed a pawnbroker. (Sept. 8, 1916, C. 463, § 407 [3], 39 Stat. 790.) § 5980d. Ship brokers—Fourth. Ship brokers shall pay $20. Every person, firm, or company Whose business it is as a broker to negotiate freights and other business for the owners of vessels, or for the shippers or consignors or consignees of freight Car- ried by vessels, shall be regarded as a ship broker un- der this section. (Sept. 8, 1916, c. 463, § 407 [4], 39 Stat. 790.) - - § 5980e. Custom house brokers—Fifth. Custom- house brokers shall pay $10. Every person, firm, or company whose occupation it is, as the agent Of Oth- ers, to arrange entries and other custom-house papers, or transact business at any port of entry relating to the importation or exportation of goods, Wares, or merchandise, shall be regarded as a custom-house brok- er. (Sept. 8, 1916, c. 463, § 407 [5], 39 Stat. 791.) § 5980f. Theaters, museums, and concert halls–Sixth. Proprietors of theaters, museums, and concert halls, where a charge for admission is made, baving a seating capacity of not more than two hun- dred and fifty, shall pay $25; having a Seating ca- pacity of more than two hundred and fifty and not ex- ceeding five hundred, shall pay $50; having a Seating capacity exceeding five hundred and not exceeding eight hundred, shall pay $75; having a seating ca- pacity of more than eight hundred, shall pay $100. Every edifice used for the purpose of dramatic Or operatic or other representations, plays, Or perform- ances, for admission to which entrance money is re- ceived, not including halls or armories rented or used occasionally for concerts or theatrical representations, shall be regarded as a theater: Provided, That in cities, towns, or villages of five thousand inhabitants or less the amount of such payment shall be One-half of that above stated: Provided further, That when- ever any such edifice is under lease at the passage of this Act, the tax shall be paid by the lessee, unless otherwise stipulated between the parties to Said lease. (Sept. 8, 1916, c. 463, § 407 [6], 39 Stat. 791.) § 5980g. Circuses—Seventh. The proprietor Or proprietors of circuses shall pay $100. Every build- 'ing, space, tent, or area where feats of horsemanship or acrobatic sports or theatrical performances not Oth- erwise provided for in this section are exhibited shall be regarded as a circus: Provided, That no special tax paid in one State, Territory, or the District of Columbia shall exempt exhibitions from the tax in another State, Territory, or the District of Columbia, and but One Special tax shall be imposed for exhibi- tions within any One State, Territory, Or District. (Sept. 8, 1916, c. 463, § 407 [7], 39 Stat. 791.) § 5980h. Enumerated public exhibits—Eighth. Proprietors Or agents of all other public exhibitions or shows for money, not enumerated in this section shall pay $10: Provided, That a special tax paid in One State, Territory, or the District of Columbia shall not exempt exhibitions from the tax in another State, Territory, or the District of Columbia, and but one special tax shall be required for exhibitions Within any one State, Territory, or the District of Columbia: Provided further, That this paragraph shall not ap- ply to Chautauquas, lecture lyceums, agricultural or in- dustrial fairs, or exhibitions held under the auspices Of religious Or charitable associations: Provided fur- ther, That an aggregation of entertainments, known as a street fair, shall not pay a larger tax than $100 in any State, Territory, or in the District of Colum- bia. (Sept. 8, 1916, c. 463, § 407 [8], 39 Stat. 791.) § 5980i. Bowling alleys and billiard rooms— Ninth. Proprietors of bowling alleys and billiard rooms shall pay $5 for each alley or table. Every building or place where bowls are thrown or where games of billiards or pool are played, except in private homes, shall be regarded as a bowling alley Or a bil- liard room, respectively. (Sept. 8, 1916, c. 463, § 407 [9], 39 Stat. 791.) $ 5980j. Tobacco, cigar, and cigarette manu- facturers—That on and after January first, nineteen hundred and seventeen, special taxes On tobacco, Cigar, and cigarette manufacturers shall be, and hereby are, imposed annually as follows, the amount of such annual taxes to be computed in all Cases On the basis Of the annual Sales for the preceding fiscal year: Manufacturers of tobacco whose annual Sales do not exceed fifty thousand pounds shall each pay $3 ; Manufacturers Of toba CCO Whose annual Sales eX- ceed fifty thousand and do not exceed one hundred thousand pounds shall each pay $6; . Manufacturers of tobacco whose annual Sales ex- ceed one hundred thousand and do not exceed two hundred thousand pounds shall each pay $12; Manufacturers Of toba CCO Whose annual Sales ex- Ceed two hundred thousand pounds shall each pay at the rate of 8 cents per thousand pounds, Or frac- tion thereof; Manufacturers of cigars whose annual sales do not exceed fifty thousand cigars shall each pay $2; Manufacturers of cigars whose annual sales exceed fifty thousand and do not exceed One hundred thou. sand Cigars shall each pay $3; - Manufacturers of cigars whose annual sales exceed one hundred thousand and do not exceed two hundred thousand cigars shall each pay $6; Manufacturers of Cigars whose annual Sales exceed two hundred thousand and do not exceed four hundred thousand cigars shall each pay $12; Manufacturers of cigars whose annual sales exceed four hundred thousand cigars shall each pay at the rate of 5 cents per thousand cigars, or fraction thereof; - - - Manufacturers of cigarettes, including small cigars weighing not more than three pounds per thousand, shall each pay at the rafe of 3 cents for every ten thousand Cigarettes, or fraction thereof. In arriving at the amount of special tax to be paid under this section, and in the levy and Collection of such tax, each person, firm, Or Corporation engaged in the manufacture Of more than One Of the Classes of articles specified in this section shall be consider- ed and deemed a manufacturer of each class sep- arately. - - JEvery person who carries On any business or Occu- pation for which Special taxes are imposed by this title, without having paid the special tax therein pro- vided, shall, besides being liable to the payment of Such Special tax, be deemed guilty Of a misdemeanor, and upon Conviction thereof shall pay a fine of not more than $500, or be imprisoned not more than six months, or both, in the discretion of the court. (Sept. 8, 1916, c. 463, § 408, 39 Stat. 791.) - § 5980k. Other laws made applicable—That all administrative Ór special provisions of law, including the law relating to the assessment of taxes, so far as applicable, are hereby extended to and made a part of this title, and every person, firm, company, cor- poration, or aSSociation liable to any tax imposed by Ch. 4) # 5980m INTERNAL REVENUE this title, shall keep such records and render, under oath, such statements and returns, and Shall Comply with such regulations as the Commissioner Of Inter- nal Revenue, with the approval of the Secretary of the Treasury, may from time to time prescribe. (Sept. 8, 1916, c. 463, § 409, 39 Stat. 792.) See §§ 5877a, 5980a–5980j, 59801, 5980m, 5990, 6002, 6070a, 61.10a, 6110b-6112, 6114-61.14e, 6127a, 6144a, 6161 80l. Repeal—That the Act approved October twenty-second, nineteen hundred and fourteen, enti- tled “An Act to increase the internal revenue, and for other purposes,” and the joint resolution approved December seventeenth, nineteen hundred and fifteen, entitled “Joint resolution extending the provisions Of the Act entitled “An Act to increase the internal rev- enue, and for other purposes,’ approved October twenty-second, nineteen hundred and fourteen, to De- cember thirty-first, nineteen hundred and Sixteen,” are hereby repealed, except sections three and four of such Act as so extended, which sections shall re- Imain in force till January first, nineteen hundred and seventeen, and except that the provisions of the Said Act shall remain in force for the assessment and col- lection of all special taxes imposed by Sections three and four thereof, or by such sections as extended by said joint resolution, for any year or part thereof ending prior to January first, nineteen hundred and seventeen, and of all other taxes imposed by Such Act, or by such Act as so extended, accrued prior to the taking effect of this title, and for the imposition and collection of all penalties or forfeitures which have accrued or may accrue in relation to any of such taxes. (Sept. 8, 1916, c. 463, § 410, 39 Stat. 792.) § 59.80m. When aet takes effect—That the pro- visions of this title shall take effect on the day fol- lowing the passage of this Act, except where otherwise in this title provided. Słat. 793.) See § 5980k and note. Chapter Four—Distilled Spirits and Wines Sec. 5981. Distiller defined. 5982. Distilled spirits defined. 5983. Standard of proof-spirits; prevention of frauds. 5984. Gallon defined. - 5985. Tax on distilled spirits. - e 5986. Same; stamps; time for payment; deposit in Ware- house. - 5986a. Same; additional tax; imported perfumes containing spirits. t 3986b. Same; spirits held by retailers in , excess of, fifty gal- lons, for sale; payment on spirits in Čustody of bankruptcy courts. 5986c. Additional tax on rectified, purified, or refined distilled - spirits or wines. 5986d. Wholesale liquor dealer’s stamps in exchange for - stamps for rectified spirits; use of certain Stamps discontinued. 5987. Adding substances to create fictitious proof. 5988. Tax on spirits removed without deposit in warehouse. ã989. Products of distillation containing spirits. ã990. Brandy made from apples and other fruits. ã991. Small distilleries exempted from certain requirements. 5992. Evading tax. 5993. Distiller defrauding or attempting to defraud United States of tax. 5994. Registry of stills and apparatus. º 5995. Notice of intention to carry on business of distiller or rectifier. 5996. Notice of intention to rectify; gauging; returns. 5997. Bond of distiller. 5998. Same; approval. 5999. Distiller to be owner in fee-simple, or have Written con- - Sent of Owner. 6000 Refusal of bond from person convicted. Plan of distillery. - Surveys of distilleries. - Notice by manufacturer of still; permit. Distilling on certain premises prohibited. Receiving-cisterns. Breaking locks or gaining access to cistern or buildings. Furnaces, tubs, doublers, worm-tanks. Apparatus and fastenings. Distillery Warehouse. Same; by successor in business. Same; unsafe or unfit for use. Same; discontinuance and transfer of merchandise. setting up still without (Sept. 8, 1916, c. 463, § 412, 39 [Page 9411 Sec. 6013. 6014. 6015. 6016. 6017 édia. 6018. 6019. 6020. 6021. 6022. 6023. 6024. 6024a. 6025. 6026. 6026a. 6028. 6028a. sº store-keepers have charge under direction of col- leCtor. Custody and management of warehouse. Distillery kept accessible. - Entry and examination of distilleries; obstructing offi- CeI’. - . Same; facilities for examination; penalty for neglect. Installation of meters, tanks and other apparatus. Bºation of distilleries; breaking up ground or Wa, IIS. - - Signs put up by distillers and rectifiers. Distillers carrying on business without compliance with law. Carrying on distillery without giving bond or to defraud. Mash, Wort, and vinegar; vinegar factories. Vinegar factories. Distilling between 11 p. m. of Saturday and 1 a. m. of Monday. Same; exemption from law. - * * Using material or removing spirits in absence of store- keeper. - - Fermenting tubs; emptying and filling. - Same; filling , in sweet-mash distilleries by manufac- * turers of ethyl alcohol. Pºlis off, gauging and removal of spirits to ware- OllS6. - Filling packages of alcohol and high-proof spirits with reduced spirits from receiving cisterns and payment of tax without entry into bonded warehouses; places from and to which spirits may be transferred. I)rawing distilled spirits from receiving cisterns for deposit in. distillery Warehouses without warehouse stamps; withdrawal on original gauge. Tax-paid spirits not to remain on distillery premises. Forfeiture of unstamped packages. - . Gauger employing others to use brands or perform du- ties. - Gauger’s returns. º Fraudulent inspection, gauging or proof. Distiller’s entry of deposit in Warehouse; bond and col- lection of taxes. - - Distiller’s bond for taxes on spirits deposited in ware- houses. - Withdrawal from warehouse, entry for. - Gauging, stamping, and branding spirits removed from Warehouse. . Removal or concealment of spirits contrary to law. Grape brandy; special bonded warehouses for. Same; payment of tax on ; removal to warehouse. Same; special stamp on removal to warehouse. Same; deposit in warehouse; bond. - . Same; withdrawal from warehouse for transfer or ex- portation. - Same; exportation. - - Same; discontinuance of Warehouse and transfer of merchandise. - Same; removal without compliance with act; assess- Iment and collection of tax. Same; time for payment of tax; forfeitures. Same; rules and regulations. - Same; failure to deposit in warehouse or comply with other provisions. . Same; warehouse provisions extended to fruit brandy. Regauging at warehouse; allowance for loss. - Allowance for loss of spirits in Warehouse. Regauging. . Allowance for loss of spirits in warehouse extended. Allowance for leakage qr loss on withdrawal from dis- tillery warehouse for exportation. - Same; remission of tax on lost spirits covered by in- SUIT all Ce. - . Same; withdrawal to manufacturing warehouse. General bonded warehouses. Same; removal of spirits to. Same; stamp on removal to. Same; warehousing bonds. Same; withdrawal. - Same; previous provisions applicable to spirits depos- ited in. t Same; tax on spirits removed from distillery ware” house without compliance with act; excessive IOSS. Same; failure to deposit in warehouse in time, or re- moval without compliance with act. Alcohol withdrawn for scientific purposes. Same; by unincorporated institutions. Withdrawal of spirits for medicinal and other prepara- tions manufactured in bonded warehouse for export. Withdrawal of spirits from distillery warehouses for making sorghum Sugar. - Bottling of spirits in bond. Same; for export without paying tax. Same; regulations. tº . º. Same; inspection and other requirements as to spirits bottled for export; drawback. Same; tax on deficiency. Tax on spirits entered for export if case opened, or marks removed or changed. Reusing stamp or bottle, and other violations of act. Forging Stamps. Bottled spirits subject to state law. 2 5981 f INTERNAL REVENUE (Tit. 35 IPage 942I Sec. Sec. - 6078. Detaining packages on suspicion. e = * 6129. Destruction of distillery; witnesses; reimbursement. 6079. Forfeiture of spirits unlawfully removed from distillery. 6.130. Burden of proof on claimant of spirits seized. 6080. stººper unlawfully removing or allowing to be re- 6131 sº º º judicial process subject to tax; Sale IſlCW 601. OI Spli’ltS for taxes. 6081. Store-keepers; warehouse-books and returns. 6132. Denatured alcohol free of tax. 6082. Same; charge of distillery and account of materials #: 㺠d turi bonded h used. - - - entral Cenaturing bonded Warehouses. 6083. Distillers’ books; entries to be made. 6135. Transfer of alcohol for denaturation from distilleries t 6084. Same; inspection and preservation. Warehouses or central plants. - 6085. Same; false entries, or omitting to keep or. produce. 6.136. Unlawful use of alcohol withdrawn. a 6086. Using false weights or measures or unregistered mate- 6137. Manufacture of alcohol free of tax for denaturation. rials. I ~ • , , 6087. Distillers’ returns; production to collector. § 5981. Distiller. defined—Every person who 6088. Same; number of barrels distilled. produces distilled Spirits, or who brews or makes ; *::::::::::"; º, production Imash, WOrt, Or Wash, fit for distillation or for the ) SSéSS r e * & 3 *-* 4. t t - 6091. Same; remission and refunding. - production of spirits, or who, by any process of evap 6092. Commencement of distilling; suspension of work. Orization, Separates alcoholic Spirit from any fer- 6093. Reduction of capacity. - mented Substance, Or Who, making or keeping mash, º, stamps; preparation and, issue. WOrt, Or Wash, has also in his possession or use a 6095. Same; form of, how used. till. Shall * t tº y e 6096. Same; accountability for stamp-books. Still, Shall be regarded a.S 8. distiller. (R. S. § 3247.) 6097. Restamping when stamps, lost or destroyed. e § 5982. Distilled spirits defined—Distilled *8. Using issuins, or permittine use of stamps contrary tº spirits, spirits, alcohol, and alcoholic spirit, within 6099. Rectifier's returns; unlawfully rectifying. - the true intent and meaning of this act, is that Sub- 6100. Books of rectifiers and wholesale dealers; monthly Stance known as ethyl alcohol, hydrated Oxide of transcript. - - sº - - ethyl, Or Spirit Of Wine, which is commonly produced 6101. Pº. 2.suantitles greater than twenty gallons from by the fermentation of grain, Starch, molasses, Or 6102. Gauging, inspection, and stamping of rectified spirits. Sugar, including all dilutions and mixtures of this 6102a. cº Or *::: º for fºreceived from rectifi- | Substance; and the tax shall attach to this Substance Catlon, to be gauged and marked. - - - - e - e 6103. Filling blanks, and affixing and protecting stamps. º º t IS IIl º: àS such, whether * be $104. Spirits drawn into new packages to be gauged and | Subsequently separated as pure or impure spirit, or branded; returns; forfeitures. e be immediately, or at any subsequent time, transfer- 6105. * º: * .*.*.*.*.*. omission | red into any other substance, either in the process of 6106. Buying or' selling spirit-casks having inspection-marks. Original production or by any subsequent process. 6107. Changing . º shifting tº: (R. S. § 3248.) - 6108. Affixing imitation Stamps On packages. 5983. Standard of proof-spirits: prevention 6109. Removal within certain hours from distillery or recti- of... .". º be º to' º that alCO- fier’s premises. -> tº º se “... •. 6110. Isºsº holic liquor Which Contains One-half its Volume Of 61.10a. Natural wine; wine within meaning of act; sweet- alcohol of a specific gravity of seven thousand nine enling WIIle. - * —ni 6110b. [a] Rate of tax on still wines and combinations sold º: and º: i. º º: (.7939) at as wine; classification; abatement or refund- i. * º: a. º * Or * pººl ment. - - - etection O rauds by CIIStillers Of Spirits, € UOIO- [b] *... º affºr º missioner of Internal Revenue may prescribe for use duced for family use; issue of stamps. such hydrometers, Saccharometers, weighing e and [c] Withdrawal of grape brandy or wine spirits from gallgling instruments, or Other means for ascertaining - gºry or special bonded warehouse for fortifi- the quantity, gravity, and producing-capacity of any Ca.1.1 OIl. - - - - e *ſºn. 6110c. Additional tax on still wines, sparkling wines and liq- mash, wort. or beer used, Or to be used, in the pro uors removed for sale or consumption. duction of distilled spirits, and the strength and quan- 6110d. Same; when held in excess of twenty-five gallons for | tity Of Spirits Subject to tax, as he may deem neces- 6110 Aºt onal tax on grape brandy or wine spirits with Sary ; and he may prescribe rules and regulations to €. it...I - - e º ºf drawn from fruit distiliery or special bonded ware- | Sºº & uniform and correct system. of inspection, house. Weighing, marking, and gauging of spirits. (R. S. § 6111. Fortifying pure sweet wines Nº. spirits. irits 3249.) *. - cula, sº additional tax on grave brands or wine wº § 5984. Gallon defined—In all sales of spirits a 6112. Same; wine spirits and sweet wine defined. gallon Shall be held to be a gallon of proof-Spirit, ac- 61.13. [Superseded.] 1 Of 4. t - Cording to the standard prescribed in the preceding 61.14. Same; withdrawal of Wine Spirits. - - f Cl he ins • Il 6114a. Removal of domestic wines to bonded premises; tax section, º orº º º i. º º on product of wines used as material. e gauging or spirits throughou e UIllte ates. (B. 6114b. Amount of tax on domestic and º: ºr. S. § 3250.) º wines; regulations; stamps; application of other tº iſ e. irits— laws; collection of tax by assessment. - a $ 5985. Tax * distilled ſº ſº º 611ac, Pºrty ºf violation of act; forfeitures; mixing or be levied and collected, on all distilled spirits on blending; tax paid grain or other ethyl alcohol for which the tax prescribed by law has not been paid, fortification. a tax of [seventy] Cents On each proof-gallon, to be 61.14d. Spirit meters, locks, seals; assignment of gaugers or e 3 & 4-3 l l r *s ** 3. *º-gºers ; compensation of gaugers. paid by the distiller, owner, or person having p0SSes- 6114e. Allowance for unavoidable loss of wines. SiOn thereof before removal from the distillery Ware- #: wº * ºrit. to fortify wines for export house: * * The tax on such spirits shall be Col- - ith CII’al, Wa.I . O - º • rº • rerº 6116. Reimportation of domestic wines. lected on the whole number of gauge or wine gallons 6117. Unlawful use of wine spirits not tax-paid. when below proof, and shall be increased in propor- #: º Of yº spirits from tºº ſº f Wi tion for any greater strength than the strength. Of . Special gaugers for supervision of fortification of wines. 3 *** º e : 4-T ,-- e. +- 6120 Fémenting vats for manufacture of wines, or of brandy proof Spirit, a S defined II] this Title; and any fra C- for fortification. - tional part of a gallon amounting to One-half gallon 6121. Remission of tax on grape brandy accidentally de- or Over in a Cask Or package shall be taxed as a gal- stroyed. - lon, and any fractional part Of a gallon less than One- O iri fortified ines; y & - 6122 "... º wie.” its from fortified w Half gallon in any cask or package shall be exempt 6123. Tax on alcoholic compounds from Porto Rico. from tax. Every proprietor or possessor of, and # Hºlºis witha from bonaca every person in any mannel interested in the nº ºf Xportation. Of Cilstl Iled Spirits W1thdrawn from bonde - * ! - - A -- - - * - warehouses. any still, distillery, or, distilling apparatus, shall be 6126. Transportation bond on withdrawal of distilled spirits jointly and Severally liable for the taxes imposed by 6127 E: wº tº: º; º: t law on the distilled Spirits produced therefrom, and - pense of stamps for casks for exportation. t & - * *** 4- ics H 6127a. Transfer in tanks or tank cars for export. th e tax Shall be a first i. º º the 6128. Release of distillery before judgment. distillery used for distilling the same, the stills, ves- Ch. 4) # 5986c (r. INTERNAL REVENUE [Page 943I Sels, fixtures, and tools therein, the lot or tract of land whereon the said distillery is situated, and on any building thereon from the time said Spirits are in existence as such until the said tax is paid. (R. S. § 3251.) Text in brackets superseded by § 5986, and later provi- Sions in this chapter. $ 5986. Same; stamps; time for payment; deposit in warehouse—On and after the passage of this Act there shall be levied and collected on all dis- tilled Spirits in bond at that time, or that have been or that may be then or thereafter produced in the United States, on which the tax is not paid before that day, a tax of one dollar and ten cents on each proof gallon, or wine gallon when below proof, and a proportionate tax at a like rate on all fractional parts of such proof or wine gallon: Provided, That in Computing the tax on any package of spirits all fractional parts of a gallon, less than one tenth, shall be excluded. The Commissioner of Internal Revenue, With the approval of the Secretary of the Treasury, Shall prescribe and furnish suitable stamps denoting the payment of the internal-revenue tax imposed by this section ; and until such stamps are prepared and furnished, the stamps now used to denote the pay- ment of the internal-revenue tax on distilled spirits Shall be affixed to all packages containing distilled spirits on which the tax imposed by this section is paid : and the Commissioner of Internal Revenue shall, by assessment or otherwise, cause to be collect- ed the tax on any fractional gallon contained in each Of Such packages as ascertained by the Original gauge, Or regauge when made, before Or at the time of re- moval of such packages from warehouse or other place of storage; and all provisions of existing laws relating to stamps denoting the payment Of internal- revenue tax on distilled spirits, so far as applicable, are hereby extended to the stamps provided for in this section. That the tax herein imposed shall be paid by the distiller of the Spirits, on Or before their removal from the distillery or place of storage, ex- cept in case the removal therefrom without payment Of tax is authorized by law; and (upon Spirits law- fully deposited in any distillery warehouse, or other bonded warehouse, established under internal-revenue laws) within eight years from the date of the Original entry for deposit in any distillery warehouse, or from the date of Original gauge of fruit brandy deposited in special-bonded warehouse, except in case of with- drawal therefrom without payment of tax as author- ized by law. (Aug. 27, 1894, c. 349, § 48, 28. Stat. 563.) § 5986a. Same; additional tax; imported per- funnes containing spirits—On and after the passage Of this Act there shall be levied and Collected. On all distilled spirits in bond at that time or that have been or that may be then or thereafter produced in or imported into the United States, except such distilled spirits as are subject to the tax provided in section three hundred and three, in addition to the tax now imposed by law, a tax of $1.10 (or, if withdrawn for beverage purposes or for use in the manufacture or production of any article used or intended for use as a beverage, a tax of $2.10) on each proof gallon, Or wine gallon when below proof, and a proportionate tax at a like rate on all fractional parts of such proof or wine gallon, to be paid by the distiller or import- er when withdrawn, and collected under the provi- Sions of existing law. In addition to the tax under existing law there shall be levied and Collected upon all perfumes here- after imported into the United States containing dis- tilled spirits, a tax of $1.10 per wine gallon, and a proportionate tax at a like rate on all fractional parts of such wine gallon. Such tax shall be collected by the collector of Customs and deposited as internal- revenue collections, under Such rules and regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may pre- scribe. (Oct. 3, 1917, c. 63, § 300, 40 Stat. 308.) § 5986b. Same; spirits held by retailers in ex- cess of fifty gallons for sale; payment on spirits in custody of bankruptcy courts—Upon all dis- tilled Spirits produced in or imported into the Unit- ed States upon which the tax now imposed by law has been paid, and which, on the day this Act is passed, are held by a retailer in a quantity in excess of fifty gallons in the aggregate, or by any other person, cor- poration, partnership, or association in any quantity, and Which are intended for sale, there shall be levied, aSSessed, Collected, and paid a tax of $1.10 (or, if intended for sale for beverage purposes or for use in the manufacture or production of any article used Or intended for use as a beverage, a tax of $2.10) on each proof gallon, and a proportionate tax at a like rate On all fractional parts of such proof gallon: Provided, That the tax on such distilled spirits in the Custody of a court of bankruptcy in insolvency proceedings On June first, nineteen hundred and sev- enteen, shall be paid by the person to whom the court delivers such distilled Spirits at the time of such de- livery, to the extent that the amount thus delivered exceeds the fifty gallons hereinbefore provided. (Oct. 3, 1917, c. 63, § 303, 40 Stat. 309.) § 5986e. Additional tax on rectified, purified, or refined distilled spirits or wines—In addition to the tax now imposed or imposed by this Act on distilled spirits there shall be levied, assessed, collect- ed, and paid a tax of 15 cents on each proof gallon and a proportionate tax at a like rate On all frac- tional parts of such proof gallon on all distilled spir- its Or wines hereafter rectified, purified, or refined in Such manner, and on all mixtures hereafter produced in Such manner, that the person so rectifying, purify- ing, refining, or mixing the same is a rectifier within the meaning Of Section thirty-two hundred and forty- four, Revised Statutes, as amended, and on all such articles in the possession of the rectifier On the day this Act is passed: Provided, That this tax shall not apply to gin produced by the redistillation of a pure Spirit over juniper berries and other aromatics. mediate Supervision Of a revenue Officer, When the process of rectification is completed and the tax prescribed by this section has been paid, it shall be unlawful for the rectifier Or Other dealer to reduce in proof or increase in volume such spirits Or wine by the addition of water, or other substance; nothing herein contained shall, however, prevent a rectifier from using again in the process of rectifica- tion spirits already rectified and upon which the tax: has theretofore been paid. The tax imposed by this section shall not attach to cordials or liqueurs on which a tax is imposed and paid under the Act entitled “An Act to increase the revenue, and for Other purposes,” approved Septem- ber eighth, nineteen hundred and sixteen, nor to the mixing and blending of wines, where such blending is for the sole purpose of perfecting Such wines ac- COrding to commercial standards, nor to blends made exclusively of two or more pure straight whiskies aged in wood for a period not less than four years and without the addition of Coloring or flavoring matter or any other Substance than pure water and if not reduced below ninety proof: Provided, That Such blended whiskies shall be exempt from tax un- der this section Only When COImpounded under the im- in Such tanks and under such conditions and supervision as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, may pre- Scribe. All distilled Spirits taxable under this section shall be subject to uniform regulations concerning the use thereof in the manufacture, blending, compounding, mixing, marking, branding, and sale of whisky and rectified Spirits, and no discrimination whatsoever shall be made by reason of a difference in the Char- acter of the material from which same may have been produced. 3 5986c (Tit. 35 INTERNAL REVENUE The business of a rectifier of spirits shall be ried on, and the tax on rectified spirits shall be paid, under such rules, regulations, and bonds as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. Any person violating any of the provisions Of this Section shall be deemed to be guilty of a misdemeanOr and, upon conviction, shall be fined not more than $1,000 or imprisoned not more than two years. He shall, in addition, be liable to double the tax evaded together with the tax, to be collected by assessment or on any bond given. (Oct. 3, 1917, c. 63, § 304, 40 Stat. 310.) * § 5986d. Wholesale liquor dealer’s stamps in exchange for stamps for rectified spirits; tıse of certain starraps discontinued—Hereafter CollectOrS Of internal revenue shall not furnish wholesale liquor dealer’s stamps in lieu of and in exchange for stamps for rectified spirits unless the package COvered by stamp for rectified spirits is to be broken into smaller packages. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is author- ized to discontinue the use of the following Stamps whenever in his judgment the interests of the GOV- ernment will be subserved thereby: Distillery warehouse, special bonded warehouse, Special bonded rewarehouse, general bonded Ware- house, general bonded retransfer, transfer brandy, export tobacco, export cigars, export oleomargarine and export fermented liquor stamps. (Oct. 3, 1917, C. 63, § 305, 40 Stat. 310.) - § 5987. Adding substances to create fictitious proof–Every person who adds or causes to be added any ingredient or substance to any distilled spirits before the tax is paid thereon, for the purpose of Creating a fictitious proof, shall be fined not less than one hundred dollars nor more than one thou- Sand dollars for each cask or package SO adulterated, and imprisoned not less than three months nor more than two years; and every such cask or package, with its contents, 'shall be forfeited to the United States. (R. S. § 3252.) - § 5988. Tax on spirits removed without de- posit in warehouse—The tax upon any distilled spir- its, removed from the place where they were distilled and not deposited in bonded warehouse as required by law, shall, at any time, when knowledge of such fact is obtained by the Commissioner of Internal |Revenue, be assessed by him upon the distiller of the same, and returned to the collector, who shall immediately demand payment Of Such tax, and, upon the neglect or refusal of payment by the distiller, shall proceed to collect the same by distraint. But this provision shall not exclude any other remedy or proceeding provided by law. (R. S. § 3253.) § 5989. Products of distillation containing spirits—All products of distillation, by whatever name known, which contain distilled spirits or al- cohol, on which the tax imposed by law has not been paid, shall be considered and taxed as distilled spir- its. (R. S. § 3254.) : § 5990. Brandy made from apples and other fruits—The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may exempt distillers of brandy made exclusively from apples, peaches, grapes, pears, pineapples, oranges, apricots, berries, plums, pawpaws, persimmons, prunes, figs, or cherries from any provision of this title re- lating to the manufacture of spirits except as to the tax thereon, when in his judgment it may seem expedient to do so: Provided, That where, in manu- facture of wine, artificial sweetening has been used the wine or the fruit pomace residuum may be used in the distillation of brandy, as such use shall not prevent the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, from exempting such distiller from any provision of this title relating to the manufacture of Spirits, except as IPage 944] car- | | to the tax thereon, when in his judgment it may Seem expedient to do so: And provided further, That the distillers mentioned in this section may add to not less than five hundred gallons (or ten barrels) Of grape cheese not more than five hundred gallons Of a sugar solution made from cane, beet, starch, Or Corn Sugar, ninety-five per Centum pure, such solu- tion to have a saccharine strength of not to exceed ten per Centum, and may ferment the resultant mix- ture on a winery or distillery premises, and such fermented product shall be regarded as distilling ma- terial. (R. S. § 3255, amended, June 3, 1896, c. 309, 29 Stat. 195, Feb. 4, 1901, c. 195, 31 Stat. 759, March 2, 1911, c. 198, 36 Stat. 1014, and Sept. 8, 1916, c. 463, § 404, 39 Stat. 7SS.) : f - § 5991. Small distilleries exempted from cer- tain requirements—The Commissioner Of Internal Revenue, with the approval of the Secretary of the Treasury, may exempt distillers whose distilleries have a daily spirit-producing capacity of thirty gal- lons of proof spirits, or less, from such of the provi- sions of existing law in regard to grain distilleries which require the processes of distillation to be car- ried. On through COntinuous ClOSed vessels and pipes, or which require the cisterns to be connected with the outlet Of the worm or Condenser by suitable pipes or other apparatus or which require certain clear spaces about the Cisterns and Other vessels Of the distillery, or which require the distillers to have Or furnish a plan of the distillery, as he may deem proper. (March 1, 1879, c. 125, § 5, 20 Stat. 336.) . See §§ 6001, 6005. - § 5992. Evading tax—Whenever any person evades, Or attempts to evade, the payment of the tax. On any distilled Spirits, in any manner whatever, he shall forfeit and pay double the amount of the tax so evaded or attempted to be evaded. (R. S. § 3256.) $ 5993. Distiller defrauding or attempting to defraud United States of tax—Whenever any per- SOIn engaged in Carrying On the business of a distiller defrauds Or attempts to defraud the United States Of the tax on the spirits distilled by him, or of any part thereof, he shall forfeit the distillery and dis- tilling-apparatus used by him, and all distilled spirits and all raw materials for the production of distilled spirits found in the distillery and on the distillery premises, and shall be fined not less than five hun- dred dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than three years. (R. S. § 3257.) § 5994. Registry of stills and apparatus— Every person having in his possession or custody, or under his control, any still Or distilling apparatus set up, shall register the same with the collector of the district in which it is, by subscribing and filing with him duplicate statements, in writing, setting forth the particular place where such still or dis- tilling-apparatus is set up, the kind of still and its cubic contents, the owner thereof, his place of resi- dence, and the purpose for which said still or dis- tilling-apparatus has been or is intended to be used; one of which statements shall be retained and pre- served by the Collector, and the other transmitted by him to the Commissioner Of Internal Revenue. Stills and distilling-apparatus shall be registered immediate- ly upon their being set up. Every still or distilling- apparatus not so registered, together with all personal property in the possession or custody, or under the control of such person, and found in the building, Or in any yard or inclosure connected with the building in which the same may be set up, shall be forfeited. And every person having in his possession or custody, or under his control, any still or distilling-apparatus set up which is not so registered, shall pay a penalty of five hundred dollars, and shall be fined not less than one hundred dollars, nor more than One thou- sand dollars, ānd imprisoned for not less than One | month, nor more than two years. (R. S. § 3258.) º n Ch. 4) 3 5999 INTERNAL REVENUE [Page 945] § 5995. Notice of intention to carry on busi- ness of distiller or rectifier—Every person engaged in, or intending to be engaged in, the business of a dis- tiller or rectifier, shall give notice in Writing, Subscrib- ed by him, to the collector of the district wherein such business is to be carried on, stating his name and resi- dence, and if a company or firm, the name and residence of each member, thereof, the name and residence Of eV- ery person interested or to be interested in the business, the precise place where said business is to be Carried On, and whether of distilling or rectifying; and if Such busi- ness is carried on in a city, the residence and place Of business shall be indicated by the name of the Street and number of the building. In case of a distiller, the notice shall also state the kind of stills and the Cubic contents thereof, the number and kind of boilers, the number of mash-tubs and fermenting-tubs, the Cubic Contents of each tub, the number of receiving-Cisterns, the cubic contents of each cistern, the number of hours in which the distillery will ferment each tub of mash or beer, the estimated quantity of distilled spirits which the apparatus is capable of distilling every twenty-four hours, a particular description of the lot or tract of land on which the distillery is sit- uated, and of the buildings thereon, including their size, material, and construction; and that said distil- lery premises are not within six hundred feet, in a direct line, of any premises authorized to be used for rectifying or refining distilled spirits by any pro- Cess. In Case of a rectifier, the notice shall State the precise place where such business is to be carried On, the name and residence of every person interested or to be interested in the business, the process by which the applicant intends to rectify, purify, or refine dis- tilled spirits, the kind and cubic contents of any still used Or to be used for such purpose, the estimated quantity of spirits which can be rectified, purified, or refined every twenty-four hours in Such establishment, and that said rectifying-establishment is not Within Six hundred feet, in a direct line, Of the premises of any distillery registered for the distillation of Spirits. In case of any change in the location, form, capacity, OWnership, agency, superintendency, or in the persons interested in the business of such distillery or rectify- ing-establishment, or in the time of fermenting the mash or beer, notice thereof, in writing, shall be given to the said collector or proper deputy collector, of the district within twenty-four hours after such change; and any deputy Collector receiving such notice shall immediately transmit the same to the collector of the district. Every notice required by this section shall be in such form, and shall contain such additional particulars, as the Commissioner of Internal Revenue may, from time to time, prescribe. Every person who fails or refuses to give such notice shall pay a penalty of One thousand dollars, and shall be fined not leSS than One hundred dollars nor more than two thousand dollars; and every person who gives a false or fraudu- lent notice shall, in addition to such penalty Or fifle, be imprisoned not less than six months nor more than two years. (R. S. § 3259.) § 5996. Notice of intention to rectify; gaug- ing; returns—When any rectifier intends to rectify or compound any distilled spirits he shall, before emp- tying any package of distilled spirits for that purpose, give notice in duplicate to the collector of internal revenue for the district Of his intention SO to rectify, and submit such package for the inspection of a United States gauger, who shall duly weigh or gauge such package and its contents and make due return thereof, and such spirits shall not be emptied for rec- tification, nor rectified or compounded in the package, until gauged or weighed as herein above provided. And such notice and return shall be made in such form and contain such particulars as the Commission- er of Internal Revenue, with the approval of the Sec- retary of the Treasury, may from time to time pre- COMP.ST.’18—60 . * scribe. (March 1, 1879, c. 125, § 8, 20 Stat. 341, amend- ed, July 16, 1892, c. 196, § 1, 27 Stat. 200.) § 5997. Bond of distiller—Every person intend- ing to commence or to continue the business of a dis- tiller shall, on filing with the collector his notice of such intention, and before proceeding with Such busi- ness, and on the first day of May of each succeeding year, execute a bond in the form prescribed by the Commissioner of Internal Revenue, conditioned that he shall faithfully comply with all the provisions Of law relating to the duties and busineSS Of distillers, and shall pay all penalties incurred or fines imposed On him for a violation of any of the said provisions; and that he shall not suffer the lot or tract of land on which the distillery stands, or any part thereof, or any of the distilling-apparatus, to be incumbered by mortgage, judgment, or other lien, during the time in Which he shall carry On Said business. Said bond shall be with at least two sureties, approved by the collec- tor of the district, and for a penal sum, not less than the amount of tax on the spirits that can be distilled in his distillery during a period of fifteen days. But in no case shall the bond exceed the sum of one hun- dred thousand dollars. The collector may refuse to approve Said bond when, in his judgment, the situa- tion of the distillery is such as would enable the dis- tiller to defraud the United States; and in case of Such refusal the distiller may appeal to the Commis- Sioner of Internal Revenue, whose decision in the mat- ter shall be final. A new bond shall be required in Case Of the death, insolvency, or removal of either Of the Sureties, and may be required in any other contingency at the discretion of the collector or Com- missioner Of Internal Revenue. Every person who fails Or refuses to give the bond hereinbefore required, Or to renew the same, or who gives any false, forged, or fraudulent bond, shall forfeit the distillery, dis. tilling apparatus, and all real estate and premises con- nected therewith, and shall be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than two years. (R. S. § 3260, amended, May 28, 1880, c. 108, § 1, 21 Stat. 145.) - § 5998. Same; approval—No collector shall ap- prove the bond of any distiller until all the require- ments of the law and all regulations made by the Commissioner of Internal Revenue in relation to dis- tilleries, in pursuance thereof, have been complied with. Every collector who violates this provision shall forfeit and pay two thousand dollars, and be dismiss- ed from office. (R. S. § 3261.) § 5999. Distiller to be owner in fee-simple, or have written consent of owner—NO bond of a dis- tiller shall be approved, unless he is the OWner in fee, unincumbered by any mortgage, judgment, or other lien, of the lot or tract of land on which the distillery is situated, or unless he files with the CollectOr, in COn- nection with his notice, the written consent of the Owner of the fee, and of any mortgagee, judgment- creditor, or other person having a lien thereon, duly . acknowledged, that the premises may be used for the purpose of distilling spirits, subject to the provisions of law, and expressly stipulating that the lien of the United States for taxes and penalties Shall have pri- ority of such mortgage, judgment, or other incum- brance, and that in case of the forfeiture of the dis- tillery premises, or of any part thereof, the title of the same shall vest in the United States, discharged from Such mortgage, judgment, or Other incumbrance. In any case where the owner of a distillery or distil- ling-apparatus, erected prior to the twentieth day of July, eighteen hundred and sixty-eight, has only an estate for a term of years Or Other estate less than fee-simple in the lot or tract of land on which the distillery is situated, the evidence of title to which shall have been duly recorded prior to that date; or in like case, where the lease or other evidence of £ 6000 (Tit. 35 INTERNAL REVENUE [Page 946] title is held but was not required by the laws of the State to be recorded in Order to be valid at the time Of its execution; Or in any case of such prior erection where the title was then, and has continued to be, in litigation; Or in any case Of Such prior erection where such owner is possessed of the fee, but incumbered With a mortgage executed and duly recorded prior to said twentieth of July, eighteen hundred and sixty-eight, and not due, or in any case of such prior erection Where the fee is held by a feme-COvert, minor, per- Son of unsound mind, or other person incapable of giving consent, as hereinbefore required, the value of Such lot or tract of land, together with the building and distilling-apparatus, shall be appraised in the man- ner to be prescribed by the Commissioner of Internal Revenue; and the collector may, at the discretion of the Commissioner, be authorized to accept, in lieu Of the Said written consent of the Owner of the fee, the bond Of such distiller, in such form as the Com- Imissioner may prescribe, with not less than two sure- ties, conditioned that in case the distillery, distilling- apparatus, Or any part thereof, shall by final judgment be forfeited for the violation of any of the provisions Of law, the obligors shall pay the amount stated in Said bond. Said sureties shall be residents of the col- lection-district or county, or of an adjoining county in the same State in which the distillery is situated, and OWners Of unincumbered real estate in said dis- trict or county, or adjoining county, equal to such ap- praised value, and the penal sum of said bond shall be equal to the appraised value of said lot or tract of land together with the buildings and distilling-appara- tus: Provided, That in case of any distillery sold at judicial or other sale in favor of the United States, a bond may be taken at the discretion of the Com- missioner Of Internal Revenue, in lieu of the written Consent required by this section, and the person giving Such bond may be allowed to operate such a distillery during the existence of the right of redemption from Such Sale, on Complying with all the other provisions of law: And provided also, That the collector may at any time, at the discretion of the Commissioner, accept Such bond as is authorized to be given by the distiller in lieu of the Written consent of the owner of the fee in the case of a distillery erected prior to July twentieth, eighteen hundred and sixty-eight, notwithstanding such distillery has since then been increased by the addition Of land or buildings adjacent or contiguous thereto, not owned by the distiller himself in fee; such bond to be for and in respect of such addition only, if the distil- lery be One Which the distiller owns in fee or in re- Spect to Which he has procured the written consent of the Owner of the fee or other incumbrance, otherwise to be for and in respect of the entire distillery as in- creased by such addition. (R. S. § 3262, amended, May 28, 1880, c. 108, § 2, 21 Stat. 145.) - § 6000. Refusal of bond from person con- victed—Whenever any person intending to commence Or to Continue the business of a distiller shall execute a bond under the provisions of section thirty-two hundred and sixty Of the Revised Statutes of United States, and file the same with the collector of in- ternal revenue for the district in which he proposes to distill, the collector may refuse to approve said bond if the person offering the same shall have been previously COnvicted, in a Court of Competent jurisdic- tion, of any fraudulent noncompliance with any of the provisions of law relating to the duties and business of distillers, or if the Commissioner of In- ternal Revenue, with the approval of the Secretary of the Treasury, Shall have compromised such an offense with the person upon the payment of penalties or otherwise, and, in case of such refusal, the person SO proposing to distill may appeal to the Commission- er of Internal Revenue, whose decision in the matter shall be final. (Aug. 27, 1894, c. 349, § 67, 28 Stat. 568.) - - - § 6001. Plan of distillery—Every distiller and person intending to engage in the business of a dis- tiller shall, previous to the approval of his bond, Cause to be made, under the direction of the collector of the district, an accurate plan and description, in triplicate, of the distillery and distilling-apparatus, distinctly showing the location of every still, boiler, doubler, Worm-tub, and receiving-cistern, the course and COnstruction of all fixed pipes used Or to be used in the distillery, and of every branch and every cock Or joint thereof, and Of every valve therein, together with every place, vessel, tub, or utensil from and to which any such pipe leads, or with which it commu- nicates; also the number and location and cubic Contents of every still, mash-tub, and fermenting-tub, the cubic contents of every receiving-cistern, and the Color of each fixed pipe, as required in this Title. One Copy Of Said plan and description shall be kept dis- played in some conspicuous place in the distillery, and two copies shall be furnished to the Collector of the district, one of which shall be kept by him, and the other transmitted to the Commissioner of Internal Revenue. The accuracy of every such plan and de- scription shall be verified by the collector, the draughtSman, and the distiller; and no alteration Shall be made in such distillery without the consent, in Writing, of the collector. Any alteration so made Shall be shown on the original, or by a supplemental plan and description, and a reference thereto noted On the Original, as the collector may direct; and any Supplemental plan and description shall be executed and preserved in the same manner as the original. (R. S. § 3263.) § 6002. Surveys of distilleries—On receipt of notice that any person, firm, or corporation Wishes to COmmence the business of distilling, the CollectOr, or a deputy Collector, to be designated by him, shall proceed in person, at the expense of the United States, with the aid of an assistant designated by the Com- missioner of Internal Revenue for the purpose of mak- ing Surveys Of distilleries in that district, to make a . survey of such distillery for the purpose of estimating and determining its true spirit-producing capacity for a day of twenty-four hours. In all surveys forty-five gallons of mash or beer brewed or fermented from grain shall represent not less than One bushel Of grain, and seven gallons of mash. Or beer brewed Or fermented from molasses shall represent not less than one gallon of molasses, except in distilleries Operated on the sour-mash princi- ple, in which distilleries sixty gallons of beer brewed Or fermented from grain shall represent not less than One bushel Of grain, and except that in distilleries where the filtration-aeration process is used, with the approval of the Commissioner of Internal Revenue; that is, where the mash after it leaves the mash tub is passed through a filtering machine before it is run into the fermenting tub, and Only the filtered liquor passes into the fermenting tub, there shall hereafter be no limitation. Upon the number Of gallons Of Water which may be used in the process of mashing or fil- tration for fermentation ; but the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, in order to protect the revenue, shall be authorized to prescribe by regulation, to be made by him, such character of survey as he may find suita- ble for distilleries using such filtration-aeration pro- Cess. The provisions hereof relating to filtration- aeration process shall apply only to sweet-mash dis- tilleries. . . A written report of such survey shall be made in triplicate, of which One Copy shall be delivered to the distiller, One copy shall be retained by the collec- tor, and One Copy shall be transmitted to the Com- missioner Of Internal Revenue, and the Survey shall take effect upon the delivery of such copy to the dis- tiller. Whenever the Commissioner is Satisfied that any report of the capacity of a distillery is incorrect Or needs revision, he shall direct the collector to make in like manner another survey of said distillery, and the report thereof Shall be made and deposited as hereinbefore required: Provided, That the survey of * Ch. 4) ź 6007 INTERNAL REVENUE [Page 947] any distillery estimated and stated by the distiller, in his notice of intention to distill, as Capable of dis- tilling not more than one hundred and fifty proof- gallons of distilled spirits every twenty-four hours may be made by the collector or by a deputy Collector without the aid of an assistant ; and that all Sur- veys made for the purpose of correcting clerical er- rors or errors of computation existing in the report of a previous survey, and all surveys made for the purpose of changing the true Spirit-producing capacity of any distillery for a day of twenty-four hours as estimated and determined by a previous survey, but which Surveys do not require the remeasuring Of the fermenting-tubs in a grain or molasses distillery, Or the still or stills in a distillery of apples, peaches, Or grapes exclusively, may be made without taking the measurements of the fermenting tubs or stills, as the case may be, and without revisiting the distillery: And provided further, That the Commissioner of In- ternal Revenue may, whenever he shall deem it proper, designate an officer, agent, or person other than the Collector or deputy Collector, to make, with or Without the aid of a designated assistant, the Sur- veys and resurveys hereinabove provided for. (R. S. § 3264, amended, March 1, 1879, c. 125, § 5, 20 Stat. 334, June 22, 1910, c. 329, § 1, 36 Stat. 590, and Sept. 8, 1916, c. 463, § 402 (i), 39 Stat. 787.) § 6003. Notice by manufacturer of still; set- ting up still without permit—Any person Who man- ufactures any still, boiler, or other vessel to be used for the purpose of distilling, shall, before the same is removed from the place of manufacture, notify in writing the collector of the district in which such still, boiler, or other vessel is to be used or Set up, by whom it is to be used, its capacity, and the time when the same is to be removed from the place of manufacture; and no such still, boiler, or other ves- sel shall be set up without the permit in writing of the Said Collector for that purpose; and any perSOn who sets up any such still, boiler, or other vessel, without first obtaining a permit from the said collec- tor of the district in which such still, boiler, or other vessel is intended to be used, or who fails to give such notice, shall pay in either case the sum of five hundred dollars, and shall forfeit the distilling-ap- paratus thus removed or Set up in violation of law. (R. S. § 3265.) § 6004. Distilling on certain premises pro- hibited—No person shall use any still, boiler, or oth- er vessel, for the purpose of distilling, in any dwell- ing-house, or in any shed, yard, Or inclosure COnnect- ed with any dwelling-house, or on board of any vessel or boat, or in any building, or on any premises where beer, lagerbeer, ale, porter, or other fermented liquors, vinegar, or ether, are manufactured or produced, or where sugars or sirups are refined, or where liquors of any description are retailed, Or where any other business is carried on ; or within six hundred feet in a direct line of any premises authorized to be used for rectifying ; and every person who does any of the acts prohibited by this section, or aids or assists therein, Or Causes Or procures the same to be done, shall be fined One thousand dollars and imprisoned for not less than Six months nor more than two years, in the discretion of the Court, for each such offense: Provided, That Saleratus may be manufactured, or meal or flour ground from grain, in any building or on any premises where Spirits are distilled ; but such meal or flour shall be used only for distillation on the premises: Provided, further, That any boiler used in generating steam Or heating water to be used in any distillery, may be located in any other building or on any other premises to be connected with such still or boiling-tubs, by suitable pipes or other ap- paratus, Or the steam from such boiler in the distil- lery may be conveyed to other premises to be used for manufacturing or other purposes. (R. S. § 3266.) § 6005. Receiving-cisterns—The Owner, agent, or Superintendent of any distillery established as hereinbefore provided, shall erect, in a room or build- & may designate. ing to be provided and used for that purpose, and for no Other, and to be constructed in the manner to be preSCribed by the Commissioner of Internal Revenue, tWO Or more receiving-cisterns, each to be at least Of Sufficient capacity to hold all the spirits distilled during the day of twenty-four hours, into which shall be Conveyed all the spirits produced in said distillery; and each Of Said Cisterns shall be so constructed as to leave an Open Space of at least three feet between the top thereof and the floor or roof above, and of not less than eighteen inches between the bottom thereof and the floor below, and shall be so situated that the Officer can pass around the same, and shall be COnnected with the outlet of the worm or condenser by Suitable pipes or other apparatus, so constructed as always to be exposed to the view of the officer, and SO Connected and constructed as to prevent the abstraction of spirits while passing from the outlet Of the Worm or condenser back to the still or doub- ler, or forward to the receiving-cistern. Such cis- terns and the room in which they are contained Shall be in charge and under the lock and seal of the internal-revenue gauger designated for that duty; and all locks and seals required by law shall be pro- Vided by the Commissioner of Internal Revenue, at the expense of the United States; and the keys shall be in charge of the collector or such gauger as he On the third day after the spirits are COnveyed into such cistern they shall be drawn Off into casks, under the supervision of such gauger, in the presence of the store-keeper, and be removed directly to the distillery warehouse; but on special application to the collector by the owner, agent, or Superintendent of any distillery, the Spirits may be drawn off from the said cisterns, under the Super- Vision Of the gauger, at any time previous to the third day. (R. S. § 3267.) § 6006. Breaking locks or gaining access to cistern or building—Every person who destroys, breaks, injures, or tampers with any lock or seal Which may be placed on any Cistern-room or build- ing by the duly authorized Officers of the revenue, or OpenS Said lock Or Seal, Or the dOOr to Said Cistern- room. Or building, or in any manner gains access to the Contents therein, in the absence Of the proper Officer, shall be fined not less than five hundred dol- lars nor more than five thousand dollars, and im- prisoned not less than One year nor more than three years. (R. S. § 3268.) § 6007. Furnaces, tubs, doublers, worm-tanks —The door of the furnace of every still or boiler used in any distillery shall be so constructed that it may be securely fastened and locked. The fermenting- tubs shall be so placed as to be easily accessible to any revenue Officer, and each tub shall have distinctly painted thereon in oil-colors its cubic COntents in gallons and the number of the tub. There shall be a Clear space Of not less than one foot around every wood-still, and not less than two feet around every doubler and Worm-tank. The doubler and WOrm- tanks. Shall be elevated not less than One foot from the floor; and every fixed pipe to be used by the dis- tiller, except for conveyance of water, or of Spent mash or beer Only, shall be SO fixed and placed as to be capable of being examined by the Officer for the whole of its length or course, and shall be painted, and kept painted, as follows, that is to say: Every pipe for the conveyance of mash or beer shall be painted of a red color; every pipe for the conveyance of low-wines back into the still or doubler shall be painted blue; every pipe for the conveyance of Spirits shall be painted black, and every pipe for the con- veyance of water shall be painted white. Whenever any fixed pipe is used by any distiller which is not painted or kept painted as herein directed, Or which is painted otherwise than as herein directed, he shall forfeit the sum of one thousand dollars. (R. S. § 3269.) £ 6008 (Tit. 35 INTERNAL REVENUE [Page 948] § 6008. Apparatus and fastenings—The Com- missioner Of Internal Revenue is authorized to Order and require Such changes Of Or additions to distilling apparatus, COnnecting-pipes, pumps, Or Cisterns, Or any machinery connected with or used in Or on the distillery premises, or may require to be put on any Of the stills, tubs, Cisterns, pipes, or other vessels, such fastenings, locks, or Seals as he may deem neces- sary. (R. S. § 3270.) - § 6009. shall provide, at his own expense, a warehouse, to be situated on and to Constitute a part of his distillery premises, and to be used only for the storage of dis- tilled spirits of his own manufacture until the tax thereon shall have been paid ; but no dwelling-house shall be used for such purpose, and no door, WindoW, or other opening shall be made or permitted in the Walls of Such warehouse leading into the distillery Or into any Other room Or building; and Such Ware- house, when approved by the Commissioner of Internal Revenue, on report of the collector, is hereby declared to be a bonded warehouse of the United States, to be known as a distillery warehouse, and shall be un- der the direction and control of the collector of the district, and in charge of an internal-revenue Store- keeper, assigned thereto by the Commissioner. (R. S. $ 3271.) § 6010. Same; by successor in business—When from death or from any other cause there shall be a change in the person, firm or company engaged in the business of distilling at any distillery, and the person, firm or company that by reason. Of Such change ceases to carry on said business at such dis- tillery has at the time of such change spirits in the distillery warehouse, it shall be lawful for the Com- missioner of Internal Revenue, upon the written Con- sent Of the surviving principals and Sureties interest- ed, and under such rules and regulations, and upon Such other conditions, as he may prescribe, to per- mit the succeeding person, firm. Or Company to use the distillery warehouse on the premises in the same manner as if it did not contain distilled Spirits be- longing to the original person, firm, or company after setting apart and separating, by a secure and un- broken partition such portion of it as may be neces- sary for the storage and safe-keeping of the Spirits distilled by the original person, firm or company, during the period allowed by law for the removal of distilled Spirits from distillery Warehouses, Or until said spirits are removed, and the tax paid thereon within that time: Provided, That nothing herein contained shall impair or in any way affect the lien existing at the time of Such change under section One Of the internal revenue act of July twenty, eighteen hundred and sixty-eight, as amended, Or Other lia- bilities under any internal revenue law, but the ex- istence of such lien shall be no ground for refusing to approve the bond of the succeeding person, firm or company, anything in section eight of the said act of July twenty, eighteen hundred and sixty-eight, as . amended, to the contrary notwithstanding. (Jan. 8, 1874, c. 7, 18 Stat. 2.) § 6011. Same; unsafe or unfit for use—When- ever in the Opinion Of the Commissioner of Internal Revenue any distillery or other warehouse is unsafe Or unfit for use, Or the merchandise therein is for any reason liable to loss Or great wastage, he may discontinue such warehouse, and require the mer- Chandise therein to be transferred to Such other warehouse as he may designate and within such time as he may prescribe. Such transfer shall be made under the supervision of the collector, or of such other officer as may be designated by the Com- missioner, and the expense thereof shall be paid by the Owner Of the merchandise. Whenever the Owner of such merchandise fails to make such transfer within the time prescribed, or to pay the just and proper expense of Such transfer, as ascertained and determined by the Commissioner, such merchandise Distillery warehouse—Every distiller. | may be Seized and sold by the Collector in the same manner as goods are sold upon distraint for taxes, and the proceeds of such sale shall be applied to the payment of the taxes due thereon and the costs and expenses Of Such Sale and removal, and the balance § over to the owner of such merchandise. (R. S. § 3272.) . i § 6012. Salme; discontinuance and transfer of merchandise—Whenever distilling shall have been Suspended at any distillery for a period or periods aggregating six months during any calendar year, and the quantity of Spirits remaining in the distillery Warehouse does not exceed five thousand proof gal- lons, or whenever, in the opinion of the Commissioner of Internal Revenue, any distillery warehouse or gen- eral bonded warehouse is unsafe or unfit for use, Or the merchandise therein is liable to loss Or great WaStage, he may in either Such case discontinue Such warehouse and require the merchandise therein to be transferred to such other warehouse as he may designate, and within such time as he may prescribe; and all the provisions Of Section thirty-two hundred and Seventy-two Of the Revised Statutes Of the Unit- ed States relating to transfers of spirits from ware- houses, including those imposing penalties, are here- by made applicable to transfers to or from general bonded warehouses established under this Act. (Aug. 27, 1894, c. 349, § 57, 28 Stat. 566.) - R. S. § 3272, is § 6011. § 6013. Same; store-keeper's have charge un- der direction of collector—The store-keeper assign- ed to any distillery Warehouse shall also have charge Of the distillery connected therewith ; and every store- keeper shall have charge Of the Warehouse to which he is assigned, and of such distillery, under the di- rection of the collector controlling the same. (R. S. $ 3273.) § 6014. Custody and management of ware- house—Every distillery warehouse shall be in the joint custody of the store-keeper and the proprietor thereof. It shall be kept securely locked, and shall at no time be unlocked, or opened, or remain open, unless in the presence of such store-keeper, or other person who may be designated to act for him, as provided by law ; and no articles shall be received in Or delivered from such warehouse except on an Or- der Or permit addressed to the store-keeper and sign- ed by the collector having control of the warehouse. (R. S. § 3274.) - § 6015. Distillery kept accessible—No fence or Wall Of a height greater than five feet shall be erect- ed or maintained around the premises of any dis- tillery, SO as to prevent easy and immediate access to Such distillery. And every distiller shall furnish to the Collector of the district as many keys of the gates and doors of the distillery as may be required by the collector, from time to time, for any revenue Officer or other person who may be authorized to make survey or inspection of the premises, or of the Contents thereof; and said distillery shall be kept always accessible to any officer or other person hav- ing any Such key. Every person who violates any of the foregoing provisions of this section by negli- gence or refusal, or otherwise, shall pay a penalty of five hundred dollars. (R. S. § 3275.) § 6016. Entry and examination of distiller- ies; obstructing officer—It shall be lawful for any revenue officer at all times, as well by night as by day, to enter into any distillery or building or place used for the busineSS Of distilling, or used in connec- tion thereWith for storage or other purposes, and to examine, gauge, measure, and take an account of every still or other vessel or utensil of any kind and of all low-wines, and of the quantity and gravity of all mash, wort, or beer, and of all yeast, or other com- positions for exciting or producing fermentation in any mash or beer, of all spirits and of all materials for making or distilling spirits, which may be in any such distillery or premises, Or in possession of the Ch. 4) & 6021 INTERNAL REVENUE [Page 949] distiller. And whenever any internal-revenue officer, Or any person called by him to his aid, is hindered, ob- structed, or prevented by any distiller or by any work- man, or other person acting for such distiller, or in his employ, from entering into any such distillery Or building or place as aforesaid ; or any Such officer is by the distiller, or his workman Or any perSon in his employ, prevented or hindered from, or opposed Or Obstructed, or molested in the performance of his duty under the internal-revenue laws, in any respect, the distiller shall forfeit the sum of not exceeding One thousand dollars. And whenever any officer, having edemanded admittance into a distillery or distillery premises, and having declared his name and Office, is Inot admitted into such distillery or premises by the distiller or other person having charge thereof, it shall be lawful for such officer at all times, as well by night as by day, to break open by force any of the dOOrS Or Windows, Or to break through any of the Walls of such distillery or premises necessary to be broken Open or through, to enable him to enter the said distillery or premises; and the distiller shall for- feit the Sum of not exceeding One thousand dollars. (R. S. § 3276, amended, March 1, 1879, c. 125, § 5, 20 Stat. 335.) . - - § 6017. Same; facilities for examination; penalty for neglect—On the demand of any internal- revenue Officer, every distiller or rectifier shall furnish Strong, Safe, length to enable the officer to examine and gauge any Vessel or utensil in such distillery or premises; and Shall, at all times when required, supply all assistance, lights, ladders, tools, staging, or Other things necessary for inspecting the premises, stocks, tools, and appara- ! tus belonging to Such person, and shall Open all doors, and Open for examination all boxes, packages, and all CaskS, barrels, and Other Vessels not under the control of the revenue officer in charge, under a pen- alty of five hundred dollars for every refusal or neg- lect so to do. (R. S. § 3277.) . - § 6017a. Installation of meters, tanks, and other apparatus—The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby authorized to require at distil- leries, breweries, rectifying houses, and wherever else in his judgment such action may be deemed advisable, the installation of meters, tanks, pipes, or any other apparatus for the purpose of protecting the revenue, and such meters, tanks, and pipes and all necessary labor incident thereto shall be at the expense of the person, Corporation, partnership, or association on whose premises the installation is required. Any such person, corporation, partnership, or association refus- ing or neglecting to install such apparatus when so required by the commissioner shall not be permitted to conduct business on such premises. (Oct. 3, 1917, c. 63, § 306, 40 Stat. 31.1.) - - § 6018. Examination of distilleries; breaking up grouxnd or walls—It shall be lawful for any reve- nue officer, and any person acting in his aid, to break up the ground. On any part of a distillery, or premis- es of a distiller or rectifier, or any ground adjoining or near to such distillery or premises, or any wall or partition thereof, or belonging thereto, or other place, to search for any pipe, Cock, private conveyance, or utensil; and, upon finding any such pipe or convey- ance leading therefrom or thereto, to break up any ground, house, Wall, or other place through or into which such pipe or other conveyance leads, and to break. Or Cut away such pipe or other conveyance, and turn any COCk, or to examine whether such pipe Or other conveyance Conveys or conceals any mash, Wort, or beer, or Other liquor, which may be used for the distillation of low-wines or spirits, from the sight Or view of the Officer, so as to prevent or hinder him from taking a true account thereof. (R. S. § 3278.) § 6019. Signs put up by distillers and recti- fiers—Every person engaged in distilling or rectify- and COnvenient ladders Of Sufficient ing Spirits, and every wholesale liquor-dealer, shall place and keep conspicuously on the outside of the place Of Such business a sign, exhibiting in plain and legible letters, not less than three inches in length, painted in oil-colors or gilded, and of a proper and proportionate width, the name or firm of the distil- ler, rectifier, or wholesale dealer, with the words: “Registered distillery,” “rectifier of Spirits,” or “whole- Sale liquor-dealer,” as the Case may be. Every person who violates the foregoing provision by negligence or refusal, or otherwise, shall pay a penalty of five hun- dred dollars. And every person, other than a rec- tifier or wholesale liquor-dealer who has paid the Special tax, or a distiller who has given bond as re- Quired by law, who puts up or keeps up the sign re- Quired by this section, or any sign indicating that he may lawfully carry on the business of a distiller, rec- tifier, or wholesale liquor-dealer, shall forfeit and pay One thousand dollars, and shall be imprisoned not less than One month nor more than six months. And every person who works in any distillery, rectifying establishment, or wholesale liquor-store, on which no Sign is placed and kept, as hereinbefore provided; and every person who knowingly receives at, car- ries or Conveys any distilled Spirits to Or from, any Such distillery, rectifying establishment, Warehouse, Or store, or who knowingly carries and delivers any grain, molasses, Or Other raw material to any distil- lery On Which such sign is not placed and kept, shall forfeit all horses, carts, drays, Wagons, or other ve- hicle or animal used in carrying or conveying such property aforesaid, and shall be fined not less than One hundred dollars nor more than one thousand dol- lars, Or be imprisoned not less than one month nor more than six months. (R. S. § 3279.) § 6020. Distillers carrying on business with- out compliance with law—It shall not be lawful for any distiller to Commence Or to Continue the business Of distilling, until he has given the bond required by law, and complied with the provisions of law relating to the registration and Survey of distilleries, and the arrangement and COInstruction. Of distilleries and the premiseS COnnected therewith ; nor shall it be law- ful for any person to engage in the business of dis- tilling On any premises distant less than six hundred feet in a direct line from any premises used for rec- tifying ; nor shall the processes of distillation and rectification both be carried on within the distance of six hundred feet in a direct line. (R. S. § 3280.) § 6021. Carrying on distillery without giving bond or to defraud—Every person who carries on the business Of a distiller without having given bond as required by law, Or who engages in or carries On the business of a distiller with intent to defraud the Unit- ed States of the tax on the spirits distilled by him, Or of any part thereof, shall, for every such offense, be fined not less than One thousand dollars nor more’ than five thousand dollars, and imprisoned not less than six months nor more than two years. And all distilled spirits or wines, and all stills or other ap- paratus fit or intended to be used for the distillation or rectification of spirits, or for the compounding of liquors, owned by such person, wherever found, and all distilled spirits or wines and personal property found in the distillery or in any building, room, yard, or inclosure Connected there with, and used with or Constituting a part of the premises, and all the right, title, and interest of such person in the lot or tract of land on which such distillery is situated, and all right, title, and interest therein of every person, who knowingly has Suffered Or permitted the business of a distiller to be there Carried On, or has connived at the same; and all personal property owned by or in possession of any person who has permitted or suffer- ed any building, yard, or inclosure, or any part there- of, to be used for purposes of ingress or egress to or from such distillery, which shall be found in any Such building, yard, or inclosure, and all the right, ź 6022 (Tit. 35 INTERNAL REVENUE [Page 950l title, and interest of every person in any premises used for ingress or egress to Or from such distillery, Who has knowingly suffered or permitted Such prem- ises to be used for such ingress or egress, shall be forfeited to the United States. (R. S. § 3281.) § 6022. Mash, wort and vinegar; vinegar fac- tories—No mash, wort, Or Wash, fit for distillation or for the production. Of Spirits Or alcohol, shall be made or fermented in any building or on any premises Other than a distillery duly authorized according to law ; and no mash, wort, or wash so made and fer- mented shall be sold or removed from any distillery before being distilled; and no person, other than an authorized distiller, shall, by distillation, or by any Other process, separate the alcoholic spirits from any fermented mash, wort, or wash; and no person shall use spirits or alcohol, in manufacturing vinegar Or any other article, or in any process of manufacture whatever, unless the spirits or alcohol so used shall have been produced in an authorized distillery and the tax thereon paid. Every person who violates any provision of this section shall be fined for each of fense not less than five hundred dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years: Provided fur- ther, That nothing in this section shall be construed to apply to fermented liquors, or to fermented ſiquids used for the manufacture of vinegar exclusively. But no worm, goose-neck, pipe, Conductor, Or Contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and Converted into distilled spirits, shall be used or employed or be fas- tened to or Connected with any vaporizing appara- tus used for the manufacture of vinegar ; nor shall any worm be permitted on or near the premises where such vaporizing process is carried on. . Nor shall any vinegar factory, for the manufacture of vinegar as aforesaid, be permitted within six hundred feet of any distillery or rectifying house. But it shall be lawful for manufacturers Of Vinegar to Separate, by a vaporizing process, the alcoholic property from the mash produced by them, and Condense the same by introducing it into the water or other liquid used in making vinegar. No person, however, shall re- move, or cause to be removed, from any vinegar fac- tory or place where vinegar is made, any vinegar or Other fluid Or material COntaining a greater propor- tion than two per centum of proof spirits. Any vio- lation of this provision shall incur a forfeiture of the vinegar, fluid, or material containing such proof spirits, and shall subject the person or persons guilty Of removing the same to the punishment provided for any violation of this section. And all the provisions Of Sections thirty-two hundred and Seventy-Six, thirty- two hundred and seventy-seven, and thirty-two hun- dred and seventy-eight of the Revised Statutes of the United States are hereby extended and made ap- plicable to all premises whereon vinegar is manufac- tured, to all manufacturers of vinegar and their workmen or Other persons employed by them. (R. S. § 3282, amended, March 1, 1879, c. 125, § 5, 20 Stat. 335.) R. S. §§ 3276-3278, are $$ 6016–6018. § 6023. Vinegar factories—Any vinegar factory for the manufacture Of Vinegar, established and Oper- ated as a vinegar factory prior to March first, eight- een hundred and seventy-nine, may be operated for the manufacture of vinegar by the use of alcoholic vapor within such distance less than six hundred feet of any distillery or rectifying-house under such regulations as the Commissioner of Internal Revenue may prescribe with the approval of the Secretary of the Treasury. (June 14, 1879, c. 23, 21 Stat. 20.) § 6024. Distilling between 11 p. m. of Satur- day and 1 a. m. of Moraday—NO malt, corn, grain, or other material shall be mashed, nor any mash, wort, or beer brewed or made, nor any still used by a distiller, at any time between the hour of eleven in the aftern OOn Of any Saturday and the hour of One in the forenoon of the next succeeding Monday; and eVery person who violates the provisions of this Sec- tion shall be liable to a penalty of one thousand dol- lars. (R. S. § 3283.) - § 6024a. Same; exemption from law—Under Such regulations as the Commissioner of Internal Rev- enue, with the approval of the Secretary of the Treas- ury, may prescribe, the manufacture, warehousing, Withdrawal, and shipment, under the provisions of ex- isting law, of ethyl alcohol for other than (1) bever- age purposes or (2) use in the manufacture or produc- tion of any article used or intended for use as a bev- erage, and denatured alcohol, may be exempted from the provisions of section thirty-two hundred and” eighty-three, Revised Statutes Of the United States. (Oct. 3, 1917, c. 63, § 302, 40 Stat. 309.) § 6025. Using material or removing spirits in absence of store-keeper—Every distiller or person employed in any distillery who, in the absence of the Store-keeper, or perSon designated to act as store-keep- er, uses, or Causes or permits to be used, any material for the purpose of making mash, wort, or beer, or for the production of Spirits, or removes any Spirits, Shall forfeit and pay double the amount Of taxes On the Spirits so produced, distilled, or removed, and in addition thereto be liable to a penalty Of One thousand dollars. (R. S. § 3284.) § 6026. Fermenting tubs; emptying and fill- ing—Every fermenting tub shall be emptied at Or before the end Of the fermenting period ; no ferment- ing tub in a sweet-mash distillery shall be filled often- er than once in seventy-two hours, nor in a sour-mash distillery oftener than once in ninety-six hours, nor in a rum distillery oftener than once in one hundred and forty-four hours, nor in a distillery where the filtration-aeration process is employed, that is, where the mash after it leaves the mash tub is passed through a filtering machine, before it is run into the fermenting tub, and only the filtered liquor passes into the fermenting tub, and the approval Of the Commis- Sioner of Internal Revenue being secured, oftener than Once in twenty-four hours. The provisions here- of relating to filtration-aeration process shall apply only to sweet-mash distilleries. (R. S. § 3285, amend- ed, May 28, 1880, c. 108, § 3, 21 Stat. 145, and June 22, 1910, c. 329, § 2, 36 Stat. 590.) § 6026a. Same; filling in sweet-mash distil- leries by manufacturers of ethyl alcohol-Under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, manufacturers of ethyl alco- hol for other than beverage purposes may be granted permission under the provisions of section thirty-two hundred and eighty-five, Revised Statutes of the Unit- ed States, to fill fermenting tub in a sweet-mash dis- tillery not oftener than once in forty-eight hours. (Oct. 3, 1917, c. 63, § 302, 40 Stat. 309.) - § 6027. Drawing off water and cleansing worm-tub—Whenever any officer requires the Water contained in any worm-tub in a distillery, at any time when the still is not at work, to be drawn off, and the tub and worm cleansed, the water shall forthWith be drawn off, and the tub and worm cleansed by the distiller, or his workmen, accordingly ; and the Wa- ter shall be kept and continued out of Such Worm- tub for the period of two hours, or until the Officer has finished his examination thereof. For any refus- al or neglect to comply with any provision of this Sec- tion, the distiller shall forfeit the sum of not exceed- ing one thousand dollars; and it shall be lawful for the officer to draw off such water, or any portion of it, and to keep the same drawn off for so long a time as he shalſ think necessary. (R. S. § 3286, amended, March 1, 1879, c. 125, § 5, 20 Stat. 335.) § 6028. Drawing off, gauging and removal of spirits to warehouse—All distilled spirits shall be drawn from the receiving cisterns into Casks Or pack- ages, each of not less capacity than ten gallons wine- measure, and shall thereupon be gauged, proved, and Ch. 4) # 6084 INTERNAL REVENUE IPage 951] marked by an internal-revenue gauger, who shall Cut on the cask or package containing Such Spirits, in a manner to be prescribed by the Commissioner of In- ternal Revenue, the quantity in wine-gallons and in proof-gallons of the contents of such casks Or pack- ages, and the particular name of such distilled Spirits as known to the trade, that is to Say, high-Wines, alcohol, or spirits, as the case may be, shall be mark- ed or branded on the head of such cask or package in letters of not less than one inch in length; and the spirits shall be immediately removed into the distil- lery warehouse, and the gauger shall, in the presence of the storekeeper of the warehouse, place upon the head of the cask or package an engraved stamp, which shall be signed by the collector of the district and the storekeeper and gauger ; and shall have written thereon the number of proof-gallons contained therein, the name of the distiller, the date of the receipt in the warehouse, and the serial number of each Cask OT package, in progressive Order, as the same are re- ceived from the distillery. Such serial number for every distillery shall be in regular sequence of the serial number thereof, beginning with number One (No. 1) with the first cask or package deposited there- in after July twentieth, eighteen hundred and sixty- eight, and no two or more casks or packages ware- housed at the same distillery shall be marked with the same number. The said stamp shall be as follows: Distillery-warehouse stamp No. —. Issued by CollectOr, district, State of , distillery warehouse of , 18—, Cask No. —; contents gallons proof-Spirits. *sº United States storekeeper Attest: United States Gauger. Provided, however, That upon the application of the distiller, and under such regulations as the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, distill- ed spirits may be drawn into wooden packages, each containing two or more metallic cans, which cans shall have each a capacity of not less than five gal- lons, wine measure, such packages to be filled and used only for exportation from the United States. And there shall be charged for each of said packages or cases for the expense of providing and affixing stamps, five cents instead of ten cents as now required by law. * Provided further, That alcohol or high-proof spir- its withdrawn free of tax for the use of the United States, as authorized by section thirty-four hundred and sixty-four, Revised Statutes, may be drawn off for transfer by pipes direct from the receiving cis- terms in the Cistern room of any distillery to closed metal storage tanks situated in the distillery bonded warehouse and transferred from such storage tanks to tanks or tank cars for shipment, upon the execution Of Such bonds and under Such regulations as the Sec- retary of the Treasury may prescribe. (R. S. § 3287, amended, March 1, 1879, c. 125, § 5, 20 Stat. 336, May 28, 1880, c. 108, § 6, 21 Stat. 147, Feb. 21, 1899, c. 177, 30 Stat. 843, and March 2, 1911, c. 199, 36 Stat. 1014.) R. S. § 3464, is § 6365. § 6028a. Filling packages of alcohol and high- proof spirits with reduced spirits from receiv- ing cisterns and payment of tax without entry into bonded warehouses; places from and to which spirits may be transferred—At registered distilleries producing alcohol, or other high-proof Spirits, packages may be filled with such Spirits re- duced to not less than one hundred proof from the re- Ceiving Cisterns and tax paid without being entered into bonded warehouse. Such spirits may be also transferred from the receiving cisterns at such dis- tilleries, by means of pipe lines, direct to storage tanks in the bonded warehouse and may be ware- housed in such storage tanks. Such spirits may be also transferred in tanks or tank cars to general bond- ed warehouses for storage therein, either in storage tanks in such warehouses or in the tanks in which they were transferred. Such spirits may also be trans- ferred after tax payment from receiving cisterns or Warehouse storage tanks to tanks or tank cars and may be transported in Such tanks or tank cars to the premises of rectifiers of spirits. The Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, is hereby empowered to pre- Scribe all necessary regulations relating to the draw- ing off, transferring, gauging, storing and transport- ing of such spirits ; the records to be kept and returns to be made; the size and kind of packages and tanks to be used ; the marking, branding, numbering and Stamping of such packages and tanks; the l;inds of Stamps, if any, to be used ; and the time and manner Of paying the tax ; the kind of bond and the penal sum of same. The tax prescribed by law must be paid before such spirits are removed from the distil- lery premises, or from general bonded warehouse in the case of Spirits transferred thereto, except as oth- erwise provided by law. (Oct. 3, 1917, c. 63, § 302, 40 Stat. 309.) - § 6028b. Drawing distilled spirits from re- ceiving cisterns for deposit in distillery ware- houses without warehouse stamps; withdrawal on original gauge—Under such regulations as the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, distill- ed spirits may hereafter be drawn from receiving Cis- terns and deposited in distillery warehouses without having affixed to the packages containing the same distillery warehouse stamps, and Such packages, when so deposited in warehouse, may be withdrawn there- from On the original gauge where the same have re- mained in Such warehouse for a period not exceeding thirty days from the date of deposit. (Oct. 3, 1917, c. 63, § 302, 40 Stat. 309.) § 6029. Tax-paid spirits not to remain on dis- tillery premises—No distilled spirits on which the tax has been paid shall be stored or allowed to remain On any distillery premises, under the penalty of a forfeiture of all spirits so found. (R. S. § 3288.) § 6030. Forfeiture of unstamped packages— All distilled Spirits found in any cask or package con- taining five gallons or more, without having thereon each mark and stamp required therefor by law, shall be forfeited to the United States. (R. S. § 3289.) § 6031. Gauger employing others to use brands or perform duties—Whenever any gauger employs any owner, agent, or superintendent of any distillery or distillery warehouse, or any person in the Service Of Such owner, agent, or superintendent, or any rectifier Or wholesale liquor-dealer, or any person in the Service of such rectifier or wholesale liquor-dealer, to use his brands, or to discharge any of the duties imposed upon him by law, he shall, for each offense SO Committed, pay a fine not exceeding one thousand dollars, in the discretion of the court. (R. S. § 3290.) § 6032. Gauger’s returns—Every gauger shall, under such regulations as may be prescribed by the Commissioner of Internal Revenue, make a daily re- turn to the collector of his district, giving a true ac- Count, in detail, of all articles gauged and proved or inspected by him, and for whom, and the number and kind of stamps used by him. (R. S. § 3291.) § 6033. Fraudulent inspection, gauging or proof–EVery gauger Who makes any false or fraudu- lent inspection, gauging, or proof shall pay a penalty of one thousand dollars, and be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not leSS than three months nor more than three years. (R. S. § 3292.) § 6034. Distiller’s entry of deposit in ware- house; bond for and collection of taxes—The dis- tiller or OWner Of all Spirits removed as aforesaid to the distillery Warehouse shall, on the first day of each month, or Within five days thereafter, enter the same a 6084 (Tit. 35. INTERNAL REVENUE IPage 952] for deposit in such warehouse, under such regulations as the Commissioner of Internal Revenue may pre- scribe. Said entry shall be in triplicate, and Shall contain the name of the person making the entry, the designation of the warehouse in which the deposit is made, and the date thereof, and shall be in the fol- lowing form: "- Entry for Deposit in Distillery Warehouse. Entry of distilled spirits deposited by - . . " in distillery Warehouse , in the district, State Of , during the month ending on the day Of , anno Domini And the entry shall specify the kind of Spirits, the whole number of packages, the marks and Serial Quin- bers thereon, the number of gauge or Wine gallons, proof-gallons, and taxable gallons, and the amount Of tax on the spirits contained in them ; all of which shall be verified by the oath of the distiller or OWner of the same attached to the entry. The said distiller or Owner shall at the time of making, said entry give his bond in duplicate, with one or more sureties, Sat- isfactory to the collector of the district, conditioned that the principal named in said bond shall pay the tax on the Spirits as specified in the entry, or Cause the same to be paid, before removal from Said distil- lery warehouse, and within three years from the date of said entry; and the penal sum of such bond Shall not be less than the amount of the tax. On Such dis- tilled spirits. One of said entries shall be retained in the Office of the collector of the district, One Sent to the storekeeper in charge of the Warehouse, to be re- tained and filed in the warehouse, and One Sent With duplicate of the bond to the Commissioner of Internal Revenue, to be filed in his office. A new bond shall be required in case of the death, insolvency, or re- moval of either of the sureties, and may be required in any other contingency affecting its validity or im- pairing its efficiency, at the discretion of the Commis- sioner of Internal Revenue. And in case the distiller Or owner fails or refuses to give the bond hereinbefore required, or to renew the same, or neglects to immedi- ately withdraw the spirits and pay the tax thereon, or if he neglects to withdraw any bonded Spirits and pay the tax thereon before the expiration of the time limited in the bond, the Collector Shall proceed to Collect the tax by distraint, issuing his Warrant of dis- traint for the amount of tax found to be due, as a S- certained by him from the report of the gauger if no bond was given, or from the terms of the bond if a bond was given. But this provision shall not exclude any other remedy or proceeding provided by law. If it shall appear at any time that there has been a 10SS of distilled spirits from any cask or other package hereafter deposited in a distillery warehouse, other than the loss provided for in section thirty-two hun- dred and twenty-one of the Revised Statutes Of the United States, as amended, which, in the opinion of the Commissioner Of Internal Revenue, is excessive, he may instruct the collector of the district in which the loss has occurred to require the Withdrawal from warehouse of such distilled spirits, and to Collect the tax accrued upon the original quantity of distilled spirits entered into the warehouse, in Such cask or package, notwithstanding that the time specified in any bond given for the withdrawal of the Spirits entered into warehouse in such cask or package has not expired. If the said tax is not paid on demand, the collector shall report the amount due upon his next monthly list, and it shall be assessed and Collect- ed as other taxes are assessed and collected. That the tax on all distilled Spirits hereafter entered for deposit in distillery warehouses shall be due and pay- able before and at the time the same are Withdrawn therefrom and within three years from the date of the entry for deposit therein; and warehousing bonds hereafter taken under the provisions of Section thirty- two hundred and ninety-three of the Revised Statutes of the United States shall be conditioned for the pay- ment of the tax on the spirits as specified in the entry before removal from the distillery warehouse, and within three years from the date of said bonds. (R. S. § 3293, amended, March 1, 1879, c. 125, § 5, 20. Stat. 336, and May 28, 1880, c. 108, § 4, 21 Stat. 145.) § 6035. Distiller’s bond for taxes on spirits deposited in warehouses—Warehousing bonds and transportation and warehousing bonds, conditioned for the payment of the taxes on all distilled spirits entered for deposit into distillery, or special bonded Warehouses on and after the passage of this Act, shall be given by the distiller of said spirits as required by existing laws, conditioned, however, for payment of taxes at the rate imposed by this Act and before re- moval from Warehouse and within eight years; as to fruit brandy, from the date of the original gauge, and as to all Other Spirits from the date Of the Origi- nal entry for deposit, and all warehousing bonds or transportation and warehousing bonds conditioned for the payment. Of the taxes on distilled spirits entered for deposit into distillery or special bonded ware- houses prior to that date shall continue in full force and effect for the time named in said bonds, except Where new Or additional bonds are required under existing law. The Commissioner of Internal Revenue may require the distillers of the Spirits to give bonds for the additional tax, and before the expiration of the Original bonds shall prescribe rules and regula- tions for re-entry for deposit and for new bonds as provided for spirits originally entered for deposit un- der this Act, and conditioned for payment of tax at the rate imposed by this Act and before removal of the Spirits from warehouse, and within eight years; as to fruit brandy, from the date of the original gauge, and as to all other spirits from the date of Original entry for deposit. If the distiller of the Spirits fails Or refuses to give the bond for the additional tax, or to re-enter and re-bond the Spirits, the Commissioner Of Internal Revenue may proceed to Collect the tax as now provided by law for failure or refusal to give Warehousing bonds On Original entry into distillery Warehouse or special-bonded Warehouse, and the pro- visions Of Section four of the Act Of May twenty- eighth, eighteen hundred and eighty (twenty-first Stat- utes, one hundred and forty-five), so far as applicable, are hereby extended to bonds given under the provi- Sions Of this Section: Provided, That the distiller may, at his option and under such regulations as the Commissioner of Internal Revenue, With the approval of the Secretary of the Treasury, shall prescribe, ex- ecute an annual bond for the Spirits SO deposited in lieu of the bonds herein provided. (Aug. 27, 1894, c. 349, § 49, 28. Stat. 563.) - Act May 28, 1880, c. 108, § 4, is § 6034. § 6036. Withdrawal from warehouse, entry for—Any distilled spirits may, on payment Of the tax thereon, be withdrawn from the warehouse on ap- plication to the collector of the district in charge of such warehouse, on making a Withdrawal entry in duplicate and in the following form: Entry for Withdrawal of Distilled Spirits from Warehouse Tax paid - Entry of distilled spirits to be withdrawn, On pay- ment of the tax, from warehouse of distillery number , situated in the district Of , by deposited on the day of , all Ily Domini —, by , in said warehouse. And the entry shall specify the Whole number of casks, or packages with the marks and Serial numbers thereon, the number of gauge or Wine gallons, and of proof gallons and taxable gallons, and the amount Of the tax on the distilled spirits contained in them at the time they were deposited in the distillery Ware- house; , and said entry shall also specify the number of gauge or wine gallons, and of proof-gallons and tax- able gallons contained in said casks or packages at the time application shall be made for the Withdrawal thereof; and on payment of the tax the collector shall Ch. 4) § 6048 INTERNAL REVENUE IPage 953] issue his order to the storekeeper in Charge Of the warehouse for the delivery. One of said entries shall be filed in the office of the collector, and the other transmitted by him to the Commissioner of Internal Revenue. (R. S. § 3294, amended, March 1, 1879, C. 125, $ 5, 20 Stat. 337, and May 28, 1880, c. 108, § 5, 21 Stat. 146.) § 6037. Gauging, stamping, and branding spirits removed from warehouse—Whenever an Or- der is received from the collector for the removal from any distillery warehouse of any cask of distilled spirits on which tax has been paid, the gauger by whom the same is gauged and inspected shall, in pres- ence of the store-keeper and before such cask has left the warehouse, place upon the head thereof, in such manner as to cover no portion of any brand Or mark prescribed by law already placed thereon, a stamp, on Which shall be engraved the number of proof-gallons contained in said cask on which the tax has been paid, and which shall state the serial number of the Cask, the name of the person by whom the tax Was paid, and the person to whom and the place where it is to be delivered. Said stamp shall be signed by the Collector of the district, the store-keeper, and gauger, and shall be as follows: º Tax-Paid Stamp, No. —. Received , 18—, from — tax. On gallons proof-spirit, cask No. 3 Warehouse at , for delivery to 5 at e CollectOr District, State of • Attest: United States store-keeper. tºmºmºmºsº United states Gauger. And at the time of affixing the tax-paid stamp the gauger shall, in the presence of the Store-keeper, Cut or burn upon each cask the name Of the distiller, the district, the date of the payment of the tax, the num- ber of proof-gallons, and the number of the stamp, which cutting or burning shall be erased when such Cask is emptied. (R. S. § 3295, amended, July 16, 1892, c. 196, § 1, 27 Stat. 200.) • . . § 6038. Removal or coneealment of spirits contrary to law—Whenever any person removes, or aids or abets in the removal of any distilled spirits on which the tax has not been paid, to a place other than the distillery warehouse provided by law, Or conceals or aids in the concealment of any spirits so removed, Or removes, or aids Or abets in the removal of any distilled spirits from any distillery warehouse, or other warehouse for distilled spirits authorized by law, in any manner other than is provided by law, or conceals or aids in the COncealment of any spirits so removed he shall be liable to a penalty of double the tax imposed on such distilled spirits so removed or concealed, and shall be fined not less than two hundred dollars nor more than five thousand dollars, and imprisoned not less than three months nor more than three years. (R. S. § 3296.) § 603.9. Grape brandy; special bonded ware- houses for—The Commissioner Of Internal Revenue shall be, and hereby is, authorized in his discretion, and upon the execution of Such bonds as he may prescribe, to establish warehouses, to be known as special bonded warehouses, not exceeding ten in num- bers in any one collection-district, exclusively for the Storage of brandy made from grapes, each Of which warehouses shall be in the charge of a store- keeper, to be appointed, assigned, transferred, and paid in the same manner that storekeepers for dis- tillery-warehouses are now appointed, assigned, trans- ferred, and paid. Every such wal'ehouse shall be un- der the Control Of the Collector of internal revenue Of the district in which Such warehouse is located, and shall be in the joint Custody of the Storekeeper and the proprietor thereof and kept securely locked, and Shall at no time be unlocked or opened or remain Open except in the presence of such storekeeper or Other person who may be designated to act for him, as provided in the case of distillery-warehouses. And Such Warehouses shall be under such further regula- tions as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. (March 3, 1877, c. 114, § 1, 19 Stat. 393.) § 6040. Same; payment of tax on; removal to warehouse—Every distiller of brandy from grapes, upon rendering his monthly return of materials used and Spirits produced by him, shall immediately pay the tax upon such spirits, or may, after they have been properly gauged, marked, and branded, under regulations to be prescribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury, and also stamped as hereinafter pro- Vided, cause them to be removed in bond from the place of manufacture to a special bonded warehouse, under Such regulations, and after making such en- tries, and executing and filing with the collector of the district in which such spirits were manufactured Such bonds and bills of lading, and giving Such other additional Security as may be prescribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury. (March 3, 1877, c. 114, § 2, 19 Stat. 393.) • . § 6041. Same; special stamp on removal to warehouse–All brandy intended for deposit in a Special bonded warehouse, before being removed from the distillery, shall have affixed to each package an engrayed Stamp indicative of such intention, to be provided and furnished to the several collectors as in the case of other stamps, and to be charged to them and a CCounted for in the same manner; and for the expense attending, providing, and affixing such stamps ten cents for each stamp shall be paid the Collector on making the entry for such transportation. (March 3, 1877, º 114, § 3, 19 Stat. 393.) § 6042. Same; deposit in warehouse; bord— Any brandy made from grapes removed in bond ac- COrding to law may, upon its arrival at a special bonded Warehouse, be deposited therein upon making Such entries, filing such bonds and other 'securities, and under such regulations as shall be prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. It shall be One of the conditions of the warehousing-bond cov- ering Such Spirits that the principal named in said bond shall pay the tax on the spirits as specified in the entry, or Cause the same to be paid. Within three years from the date of the original gauging of the Same, and before withdrawal, except as hereinafter provided. (March 3, 1877, c. 114, § 4, 19 Stat. 393.) § 6043. Same; withdrawal from warehouse for transfer or exportation—Any brandy made from grapes may be withdrawn once and no more from One special bonded warehouse for transporta- tion to another special bonded warehouse; and such brandy shall, On its arrival at the second special bond- ed warehouse, be immediately entered therein, from which warehouse it shall be withdrawn only on pay- ment of the tax or for immediate exportation. In case the brandy withdrawn is intended for deposit in another special bonded Warehouse, an additional stamp, indicative Of Such intention, shall be affixed to each package withdrawn, as in the case of brandy withdrawn from a distillery intended to be so depos- ited. And in Case the brandy is intended for expor- tation, an engraved Stamp indicative Of Such inten- tion, shall be affixed to each package SO removed, as in the case of spirits withdrawn from a distillery bonded warehouse for exportation, under the provi- sions of section thirty-three hundred and thirty, Re- vised Statutes: all the provisions of which section not inconsistent with this act are hereby made ap- plicable to Such withdrawals. And all withdrawals authorized by law of grape-brandy from any special £ 6043 (Tit. 35 INTERNAL REVENUE. [Page 954] bonded warehouse shall be upon making Such With- drawal entries, and under such regulations, and un- less the withdrawal is upon payment of tax, upon the execution of such bonds and bills Of lading as the Commissioner of Internal Revenue, With the ap- proval of the Secretary of the Treasury, may pre- scribe. Export bonds given under the provisions of this act shall be canceled upon the production of Such certificates of landing as the Commissioner of Inter- nal Revenue, with the approval of the Secretary of the Treasury, may prescribe, or upon proof of loss at sea satisfactory to the Commissioner of Internal Revenue. And the provisions of existing law rela- tive to an allowance of loss by casual [i]ty in a dis- tillery bonded warehouse are hereby made applicable to brandy stored in special bonded Warehouses, in accordance with the provisions of this act. (March 3, 1877, c. 114, § 5, 19 Stat. 394.) R. S. § 3330, is § 6125. - - § 6044. Same; exportation—The provisions of existing law in regard to the exportation of distilled spirits are hereby extended so as to permit the ex- portation from special bonded warehouses of grape brandy free of tax in any original cask containing not less than twenty gallons, and for the exportation of grape brandy upon which all taxes have been paid, with the privilege of drawback in quantities of not less than one hundred gallons, and in the Original cask, containing not less than (March 3, 1877, c. 114, § distillers’ twenty nine gallons each. 6, 19 Stat. 394.) § 6045. Same; discontinuance of warehouse and transfer of merchandise—Whenever, in the opinion of the Commissioner of Internal Revenue, any special bonded warehouse is unsafe or unfit for use, or the merchandise therein is liable to loss or great wastage, he may discontinue Such Warehouse, and require the merchandise therein to be transfer- red to such other warehouse as he may designate, and within such time as he may prescribe; and all the provisions of section thirty two hundred and seventy tWO Of the Revised Statutes Of the United States, re- lating to transfers of spirits from Warehouses, in- cluding those imposing penalties, are hereby made applicable to transfers from special bonded ware- houses. , (March 3, 1877, c. 114, § 7, 19 Stat. 394.) § 6046. Same; removal without compliance with act; assessment and collection of tax—The tax upon any brandy distilled from grapes, removed from the place where it was distilled, and in respect of which any requirement of this act is not complied with, shall at any time when knowledge of such fact is obtained by the Commissioner of Internal Revenue, be assessed by him upon the distiller of the same, and returned to the Collector, who shall immediately demand payment Of Such tax, and, upon the neglect or refusal of payment by the distiller, shall proceed to collect the same by distraint. But this provision shall not exclude any other remedy or proceeding provided by law. . (March 3, 1877, c. 114, § 8, 19 Stat. 394.) - , - § 6047. Same; time for payment of tax; for- feitures—Nothing in this act shall be construed as extending the time in which the tax on brandy made from grapes shall be paid beyond three years from the day on which the taxable quantity is ascertained by the gauger; and all brandy made from grapes, found elsewhere than in a distillery or special bond- ed Warehouse, not having been removed therefrom a C- COrding to law, and all brandy on which the tax has not been paid within three years of the date of the Original gauging shall be forfeited to the United States. (March 3, 1877, c. 114, § 9, 19 Stat. 394.) See § 5986. § 6048. Same; rules and regulations—The Commissioner of Internal Revenue, with the approval Of the Secretary of the Treasury, may make all need- ful rules and regulations for carrying into effect the proVisions of this act, and such regulations when made shall have all the force and effect of law. (March 3, 1877, c. 114, § 10, 19 Stat. 395.) - § 6049. Same; failure to deposit in warehouse or comply with other provisions—In case any grape brandy removed from the distillery for deposit in a special warehouse, shall fail to be deposited in Such warehouse within ten days thereafter, or within the time specified in any bond given On Such removal, Or if any grape-brandy deposited in any special Ware- house shall be taken therefrom for deposit in an- other warehouse, or for export, or otherwise, without full compliance with the provisions of this act, and with the requirements of any regulations made there- under, and with the terms of any bond given On Such removal, then any person who shall be guilty of such failure, and any person who shall in any man- ner violate any provisions of this act, Or Of the regulations made in pursuance thereof, shall be Sub- ject, on conviction to a fine of not less than One hun- dred dollars nor more than five thousand dollars, and to imprisonment for not less than three months nor more than three years, for every such failure Or violation; and the spirits as to which such ſailure or violation shall take place shall be forfeited to the United States. (March 3, 1877, c. 114, § 11, 19 Stat. 395.) § 6050. Same; warehouse provisions extended to fruit brandy—The provisions of an act entitled “An act relating to the production of fruit brandy, and to punish frauds connected with the same,” ap- proved March third, eighteen hundred and . Seventy- Seven, be extended and made applicable to brandy distilled from apples Or peaches, or from any other fruit the brandy distilled from which is not now required or hereafter shall not be required to be deposited in a distillery warehouse: Provided, That each Of the Warehouses established under said act, Or which may hereafter be established, shall be in charge either of a storekeeper Or of a storekeeper and gauger, at the discretion of the Commissioner of In- ternal Revenue. (Oct. 18, 1888, c. 1194, 25 Stat. 560.) See §§ 6039-6049. § 6051. Regauging at warehouse; allowance for loss—The distiller of any distilled spirits de- posited in any distillery warehouse, or special-bond- ed warehouse, or in any general-bonded Warehouse established under the provisions of this Act may, pri- or to the expiration of four years from the date of Original gauge as to fruit brandy, Or Original entry as to all other spirits, file with the collector a notice giving a description of the packages Containing the spirits, and request a regauge Of the same, and there- upon the collector shall direct a gauger to regauge the Spirits, and to mark upon each such package the number of gauge Or wine gallons and proof gallons therein Contained. If upon such regauging it, shall appear that there has been a loss of distilled spirits from any cask or package, without the fault or neg- ligence of the distiller thereof, taxes shall be col- lected only on the quantity of distilled spirits con- tained in Such cask or package at the time of the withdrawal thereof from the distillery warehouse or other bonded warehouse: Provided, however, That the allowance which shall be made for such loSS Of spirits as aforesaid shall not exceed One proof gallon for two months Or part thereof; one and One-half gallons for three and four months; two gallons for five and six months; two and one-half gallons for Seven and eight months; three gallons for nine and ten months; three and One-half gallons for eleven and twelve months; four gallons for thirteen, four- teen, and fifteen months; four and One-half gallons for sixteen, seventeen, and eighteen months; five gallons for nineteen, twenty, and twenty-One months; five and One-half gallons for twenty-two, twenty- three, and twenty-four months; six gallons for twen- ty-five, twenty-six, and twenty-seven months; six and one-half gallons for twenty-eight, twenty-nine, and Ch. 4) 3 6058 INTERNAL REVENUE [Page 955] thirty months; seven gallons for thirty-One, thirty- two, and thirty-three months; seven and One-half gallons for thirty-four, thirty-five, and thirty-six. months; eight gallons for thirty-seven, thirty-eight, thirty-nine, and forty months; eight and One-half gal- lons for forty-One, forty-two, forty-three, and forty- four months; nine gallons for forty-five, forty-six, forty-seven, and forty-eight months; and no further allowance shall be made: And provided further, That in case such spirits shall remain in warehouse after the same have been regauged, the packageS COn- taining the spirits shall, at the time of withdrawal from warehouse and at such other times as the COm- missioner of Internal Revenue may direct, be again regauged or inspected; and if found to Contain a larger quantity than shown by the first regauge, the tax shall be collected and paid on the quantity Con- tained in each such package as shown by the Original gauge: And provided further, That taxes shall be Collected on the quantity contained in each cask Qr package as shown by the original gauge, where the distiller does not request a regauge before the ex- piration of four years from the date Of Original en- try or gauge: Provided, also, That the foregoing al- 10Wance of loss shall apply Only to Casks Or packages of a capacity of forty or more wine gallons, and that the allowance for loss on casks or packages of less Capacity than forty gallons shall not exceed One-half the amount allowed on said forty-gallon cask or pack- age ; but no allowance shall be made On Casks Or packages of less capacity than twenty gallons: And provided further, That the proof of Such distilled Spirits shall not in any case be computed at the time Of withdrawal at less than one hundred per centum. (Aug. 27, 1894, c. 349, § 50, 28 Stat. 564.) § 6052. Allowance for loss of spirits in ware- house—Under the conditions and limitations imposed by Section fifty of the Act of August twenty-eighth, eighteen hundred and ninety-four, entitled “An act to reduce taxation, to provide revenue for the Support Of the Government, and for other purposes,” allow- ance for loss Shall be made as to all distilled Spirits produced and originally gauged for deposit prior to January first, eighteen hundred and ninety-nine, and Which lawfully remain in any internal-revenue bond- ed Warehouse, after the expiration of the period of forty-eight months from the date of original gauge: Provided, however, That the allowance for loss here- in authorized shall not exceed nine and one-half gal- lons for forty-nine, fifty, fifty-one, and fifty-two months; ten gallons for fifty-three, fifty-four, fifty- five, and fifty-six months; ten and One-half gallons for fifty-seven, fifty-eight, fifty-nine, and sixty months; eleven gallons for sixty-one, sixty-two, sixty-three, and sixty-four months ; eleven and one-half gallons for sixty-five, sixty-six, sixty-seven, and sixty-eight months; twelve gallons for sixty-nine, seventy, sev- enty-One, and seventy-two months; twelve and One- half gallons for seventy-three, seventy-four, seventy- five, and seventy-six months; thirteen gallons for seventy-seven, seventy-eight, seventy-nine, and eighty months; and thirteen and One-half gallons for eighty- One, eighty-two, eighty-three, and eighty-four months, and no further allowance shall be made. (March 3, 1899, c. 435, § 1, 30 Stat. 1349.) - § 6053. Regauging—The allowance for loss here- in provided shall be ascertained by regauge on re- quest of distiller before the expiration of eighty-four months from date of original gauge, and shall apply to spirits remaining in any internal-revenue bonded warehouse which shall have been regauged heretO- fore under the provisions of section fifty of the said Act of August twenty-eighth, eighteen hundred and ninety-four: Provided, That for the regauge of spir- its originally gauged for deposit on Or before the first day of March, eighteen hundred and ninety- two, the request of the distiller for a regauge under the provisions of this Act may be made at any time before the first day of May, eighteen hundred and ninety-nine. (March 3, 1899, c. 435, § 2, 30 Stat. 1350.) § 6054. Allowance for loss of spirits in ware- house extended—All distilled spirits now in inter- nal-revenue bonded warehouses Or which may here- after be produced and deposited in such Warehouses shall be entitled to the same allowance for loss from leakage or evaporation which now exists in favor of distilled spirits produced, gauged, and so deposit- ed prior to January first, eighteen hundred and nine- ty-nine, and subject to the same conditions and lim- itations. (Jan. 13, 1903, c. 134, 32 Stat. 770.) § 6055. Allowanee for leakage or loss on with- drawal from distillery warehouse for exportation —Where spirits are withdrawn from distillery ware- houses for exportation according to law, it shall be lawful, under such rules and regulations and limita- tions as shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for an allowance to be made for leakage Or IOSS by any unavoidable accident, and without any fraud or negligence of the distiller, own- er, exporter, carrier, or their agents or employees, oc- Curring during transportation from a distillery ware- house to the port of export ; nor shall any assessment be collected for such loss or leakage where the same has not been paid. On distilled spirits exported since the first day Of May, eighteen hundred and seventy- eight. (Dec. 20, 1879, c. 1, § 1, 21 Stat. 59.) § 6056. Same; remission of tax on lost spirits covered by insurance—Where the spirits provided for in the preceding section are covered by a valid claim of insurance in excess of the market value thereof, exclusive of the tax, the tax upon such spir- its shall not be remitted to the extent of such exces- Sive insurance. (Dec. 20, 1879, c. 1, § 2, 21 Stat. 59.) § 6057. Same; withdrawal to manufacturing warehouse—Where spirits are withdrawn from dis- tillery warehouses for transfer to manufacturing warehouses, under the provisions of this act, it shall be lawful, under such rules and regulations and lim- itations as shall be prescribed by the Commissioner Of Internal Revenue, with the approval Of the Secre- tary of the Treasury, for an allowance to be made for leakage or loss by any unavoidable accident, and with- out any fraud or negligence Of the distiller, OWIAer, exporter, carrier, or their agentS or employees, OC- curring during transportation from a distillery ware- house to a manufacturing Warehouse. (May 28, 1880, c. 108, § 15, 21 Stat. 148.) § 6058. General bonded warehouses—The Com- missioner of Internal Revenue Shall be, and is here- by, authorized, in his discretion and upon the execu- tion. Of Such bond as he may prescribe, to establish One or more warehouses, not exceeding ten in number in any one collection district, to be known and des- ignated as general bonded warehouses, and to be used exclusively for the storage of spirits distilled from materials other than fruit, each of Which Warehouses shall be in the charge of a storekeeper Or Store- keeper and gauger to be appointed, assigned, trans- ferred, and paid in the same manner as Such officers for distillery warehouses are now appointed, assigned, transferred, and paid. Every such Warehouse shall be under the control of the collector Of internal rev- enue of the district in which Such Warehouse is lo- cated, and shall be in the joint custody of the store- keeper and proprietor thereof, and kept Securely lock- ed, and shall at no time be unlocked or Opened Or remain open except in the presence of Such Store- keeper or other person who may be designated to act for him, as provided in the case of distillery ware- houses; and such warehouses shall be under Such further regulations as the Commissioner of Internal Revenue, with the approval of the Secretary Of the Treasury, may prescribe. (Aug. 27, 1894, c. 349, § 51, 28 Stat. 564.) 3 6059 (Tit. 35 INTERNAL REVENUE § 6059. Same; removal of spirits to—Any dis- tilled Spirits made from materials Other than fruit, and lawfully deposited in a distillery warehouse, may, upon application. Of the distiller thereof, be removed from such distillery Warehouse to any general bond- ed Warehouse established under the provisions Of the preceding section ; and the removal of Said Spir- its to said general bonded Warehouse shall be under Such regulations, and after making such entries and executing and filing with the collector of the dis- trict, in which the Spirits were manufactured, such bonds and bills of lading, and the giving of such Other additional security, as may be prescribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury. $ 52, 28 Stat. 565.) § 6060. Salme; stamp on removal to—All Spir- its intended for deposit in a general bonded Ware- house, before being removed from the distillery ware- house, shall have affixed to each package an engraved stamp indicative of such intention, to be provided and furnished to the several collectors as in the case of other stamps, and to be charged to them and ac- Counted for in the same manner. (Aug. 27, 1894, c. 349, § 53, 28 Stat. 565.) 4. § 6061. Same; warehousing bonds—Any spir- its removed in bond as aforesaid may, upon its ar- rival at a general bonded Warehouse, be deposited therein upon making such entries, filing such bonds and Other securities, and under Such regulations as shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. - warehousing bond covering such spirits that the prin- Cipal named in Said bond shall pay the tax. On the spirits as specified in the entry Or Cause the same to be paid within eight years from the date of the Orig- inal entry of the same into the distillery warehouse, and before withdrawal, except as hereinafter pro- vided. (Aug. 27, 1894, c. 349, § 54, 28 Stat. 565.) § 6062. Same; withdrawal—Any Spirits may be Withdrawn once and no more from One general bond- ed warehouse for transportation to another general bonded Warehouse, and when intended to be so with- drawn, shall have affixed thereto another general bonded Warehouse stamp indicative of such intention ; and the withdrawal of such spirits, and their trans- fer to and entry into such general bonded warehouse shall be under Such regulations and upon the filing of such notices, entries, bonds, and bills of lading as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, may, from time to time, prescribe ; and the bonds covering Spir- its in general bonded warehouses shall be given by distillers of the spirits, and shall be renewed at such times as the Commissioner of Internal Revenue inay, by regulations, require. 28 Stat. 565.) § 6063. Same; previous provisions applica- Tbie to spirits deposited in—The provisions of ex- isting law in regard to the withdrawal of distilled spirits from Warehouses upon payment of tax, or for exportation, or for transfer to a manufacturing ware- house, and as to the gauging, marking, branding, and stamping of the spirits upon such withdrawals, and in regard to withdrawals for the use of the United States Or scientific institutions Or Colleges of learn- ing, including the provisions for allowance for loss by accidental fire or other unavoidable accident, are hereby extended and made applicable to spirits deposited in general bonded Warehouses under this Act. (Aug. 27, 1894, c. 349, § 56, 28 Stat. 565.) . § 6064. Same; tax on spirits removed from distillery warehouse without compliance with aet; excessive loss—The tax upon any distilled Spir- its removed from a distillery Warehouse for deposit in a general bonded Warehouse, and in respect of which any requirement of this Act is not complied with, Shall, at any time When knowledge of such - IPage 956] (Aug. 27, 1894, c. 349, It shall be One Of the COnditions Of the (Aug. 27, 1894, c. 349, § 55, fact is obtained by the Commissioner of Internal Rev- enue, be assessed by him upon the distiller of the Same, and returned to the collector, who shall im- mediately demand payment of such tax, and upon the neglect of payment by the distiller shall proceed to collect the same by distraint. But this provision Shall not exclude any other remedy or proceeding provided by law to enforce the payment of the tax. If it shall appear at any time that there has been a loss of distilled spirits from any cask or package deposited in a general bonded warehouse or special bonded Warehouse, other than the loss provided for in Section thirty-two hundred and twenty-one of the Revised Statutes of the United States, which, in the Opinion of the Commissioner of Internal Revenue, is eXćessive, he may instruct the Collector of the dis- trict in which the loss has occurred to require the Withdrawal from Warehouse of such cask or pack- age of distilled spirits and to collect the tax accrued upon the original quantity of distilled spirits entered into the Warehouse in such cask or package, less only the allowance for loss provided by law. If the said tax is not paid on demand the collector shall report the amount due, as shown by the original gauge, up- On his next monthly list, and it shall be assessed and COllected as Other taxes are assessed and collected. , (Aug. 27, 1894, c. 349, § 58, 28 Stat. 566.) § 6065. Saxme; failure to dieposit in warehouse in time, or removal without compliance with act—In Case any distilled Spirits removed from a dis- tillery Warehouse for deposit in a general bonded warehouse shall fail to be deposited in Such general bonded warehouse within ten days after such remov- al, Or within the time, specified in any bond given on such removal, or if any distilled spirits deposited in any general bonded Warehouse Shall be taken there- from, for export or otherwise, without full compliance with the provisions of this Act, and with the require- ments of any regulations made thereunder, and With the terms of any bond given. On Such removal, or if any distilled Spirits which have been deposited in a general bonded Warehouse shall be found elsewhere, not having been removed therefrom a CCOrding to law, any person who shall be guilty of such failure, or any person who shall in any manner violate any provision of the next preceding eleven sections of this Act, shall be subject, on conviction, to a fine of not less than one hundred dollars nor more than five thousand dollars, or to imprisonment for not less than three months nor more than three years for every such failure or violation; and the spirits as to which such failure or violation, or unlawful removal shall take place shall be forfeited to the United States. (Aug. 27, 1894, c. 349, § 59, 28 Stat. 566.) - § 6066. Alcohol withdrawn for scientific pur- poses—The Secretary of the Treasury is authorized to grant permits to any incorporated or chartered Scientific institution or college of learning to With- draw alcohol in specified quantities from bond without payment of the internal-revenue tax. On the same, Or on the spirits from which the alcohol has been dis- tilled, for the sole purpose of preserving Specimens of anatomy, physiology, or natural history belonging to such institution, or for use in its chemical laboratory: Provided, That application for permits shall be made by the president or curator of such institution, who shall file a bond for double the amount Of the tax. On the alcohol to be withdrawn, with two good and Suffi- cient Sureties, to be approved by the Commissioner of Internal Revenue, and conditioned that the Whole quantity of alcohol so withdrawn from bond shall be used for the purposes above specified, and for no other, and that the said president or curator Shall comply with such other requirements and regulations as the Secretary of the Treasury may prescribe. And if any alcohol so obtained is used by any officer, as aforesaid, of such institution for any purposes other than that above specified, then the said officer or Sure- ties shall pay the tax on the whole amount of alcohol Ch. 4) # 6071 INTERNAL REVENUE [Page 957I withdrawn from bond, together with a like amount as a penalty in addition thereto. (R. S. § 3297.) - § 6067. Same; by unincorporated institutions —That the Secretary of the Treasury is authorized to grant permits, as provided for in section thirty-two hundred and ninety-seven of the Revised Statutes of the United States, for the withdrawal of alcohol from bond, free of tax to any scientific university or college of learning created and constituted as Such by any State or Territory under its laws, though not in- corporated or chartered, and to any hospital maintain- ed by endowment or otherwise, and not Conducted for profit, upon the same terms and subject to the same restrictions and penalties already provided by said Section thirty-two hundred and ninety-seven: Provid- ed, however, That alcohol so obtained by hospitals may be used in surgical operations and, except as a beverage, in the treatment of patients, under Such regulations as the Secretary of the Treasury may pre- scribe: And provided further, That the bond required by said section thirty-two hundred and ninety-seven may be executed by an Officer of such hospital or in- stitution or by any other person for it, and On its be- half, with two good and Sufficient Sureties, upon like Conditions, and to be approved as by Said section is provided. (May 3, 1878, c. 88, 20 Stat. 48, amended, July 8, 1916, c. 236, 39 Stat. 354.) § 6068. Withdrawal of spirits for medicinal and other preparations manufactured in bonded warehouse for export—Under such regulations and requirements as to stamps, bonds, and other security as shall be prescribed by the Commissioner of Inter- nal Revenue, any manufacturer of medicines, prepara- tions, compositions, perfumeries, cosmetics, Cordials, and other liquors, for export, manufacturing the same in a duly constituted manufacturing warehouse, shall be authorized to withdraw, in original packages, from any distillery Warehouse, so much distilled Spirits as he may require for the Said purpose, Without the pay- ment of the internal-revenue tax thereon. (March 1, 1879, c. 125, § 20, 20 Stat. 351, amended, May 28, 1880, c. 108, § 14, 21 Stat. 148.) - § 6069. Withdrawal of spirits from distillery warehouses for making sorghum sugar—Any man- ufacturer of Sugar from Sorghum may remove from distillery warehouses to factories used solely for the manufacture of such sugar from sorghum distilled spirits in bond free of tax, to be used solely in such manufacture of sugar from sorghum ; that all dis- tilled spirits removed as herein authorized shall be of an alcoholic strength of not less than one hundred and sixty per centum proof, and may be removed, stored, and used in the manufacture of Sugar from Sorghum, and when so used may be recovered by redistillation in the Sugar factory of such sugar manufacturer un- der Such bonds, rules, and regulations for the protec- tion of the revenue and the accomplishment of the purposes herein expressed as the Commission r of In- ternal Revenue with the approval of the Secretary of the Treasury may prescribe. Any person who re- moves or uses distilled spirits in violation of this pro- vision, as the regulations issued pursuant thereof, shall, on conviction thereof, be fined not less than one thousand dollars nor more than five thousand dollars for each offense, and the Spirits and the premises on which such spirits are used shall be forfeited to the United States. 1050.) § 6070. Bottling of spirits in bond—Whenever any distilled Spirits deposited in the warehouse of a distillery having a surveyed daily Capacity Of not less than twenty bushels of grain, Which capacity or not less than twenty bushels thereof is commonly used by the distiller, have been duly entered for withdrawal upon payment of tax, or for export in bond, and have been gauged and the required marks, brands, and tax- paid stamps or export stamps, as the Case may be, have been affixed to the package or packages, contain- ing the same, the distiller or owner of said distilled (March 3, 1891, c. 544, § 1, 26 Stat. spirits, if he has declared his purpose so to do in the entry for withdrawal, which entry for bottling pur- poses may be made by the owner as well as the dis- tiller, may remove such spirits to a separate portion of said warehouse which shall be set apart and used exclusively for that purpose, and there, under the Supervision of a United States storekeeper, or Store- keeper and gauger, in charge Of Such Warehouse, may immediately draw off such spirits, bottle, pack, and case the same: Provided, That for convenience in such process any number of packages of spirits of the same kind, differing only in proof, but produced at the same distillery by the same distiller, may be mingled together in a cistern provided for that pur- pose, but nothing herein shall authorize or permit any mingling of different products, or of the same products of different distilling seasons, or the addition or the Subtraction of any substance or material or the ap- plication of any method or process to alter or change in any way the original condition or character of the product except as herein authorized; nor shall there be at the same time in the bottling room of any bond- ed warehouse any spirits entered for withdrawal upon payment of the tax and any spirits entered for export: Provided also, That under such regulations and limi- tations as the Commissioner of Internal Revenue, With the approval of the Secretary of the Treasury, may prescribe, the provisions of this Act may be made to apply to the bottling and casing of fruit brandy in Special bonded warehouses. Every bottle when filled shall have affixed thereto and passing over the mouth of the same such suitable adhesive engraved strip Stamp as may be prescribed, as hereinafter provided, and Shall be packed into cases to contain six bottles Or multiples thereof, and in the aggregate not less than two nor more than five gallons in each case, Which shall be immediately removed from the distill- ery premises. Each of such cases shall have affixed thereto a stamp denoting the number of gallons there- in contained, such stamp to be affixed to the case be- fore its removal from the warehouse, and such stamps Shall have a cash value of ten cents each, and shall be Charged at that rate to the Collectors to whom is- Sued, and shall be paid for at that rate by the dis- tiller or OWher using the same. And there shall be plainly burned on the side of each case, to be known as the Government side, the proof of the spirits, the registered distillery number, the State and district in which the distillery is located, the real name of the actual bona fide distiller, the year and distilling sea- Son, whether Spring or fall, of original inspection or entry into bond, and the date of bottling, and the Same WOrding shall be placed upon the adhesive en- graved Strip Stamp Over the mouth Of the bottle. It , being understood that the Spring season shall include the months from January to July, and the fall season the months from July to January. And no trade- marks shall be put upon any bottle unless the real name of the actual bona fide distiller shall also be placed conspicuously on said bottle. (March 3, 1897, c. 379, § 1, 29 Stat. 626.) § 6070a. Same; for export without paying— That distilled spirits known commercially as, gin of not less than eighty per Centum proof may at any time within eight years after entry in bond at any distillery be bottled in borld at such distillery for export without the payment Of tax, under such rules and regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. (Sept. 8, 1916, c. 463, § 405, 39 Stat. 788.) § 6071. Same; regulations—The Commissioner of Internal Revenue, with the approval Of the Secre- tary of the Treasury, may, by regulations, prescribe the mode of separating and securing the additional warehouse, or portion of the warehouse hereinbefore required to be set apart, the manner in which the business of bottling Spirits in bond shall be carried on, the notices, bonds, and returns to be given and ac. § 6071 (Tit. 35 INTERNAL REVENUE Counts and records to be kept by the persons conduct- ing such business, the mode and time of inspection Of Such spirits, the accounts and records to be kept and returns made by the Government officers, and all such other matters and things, as in his discre- tion, he may deem requisite for a secure and Orderly Supervision of said business; and he may also, with the approval of the Secretary of the Treasury, pre- scribe and issue the stamps required. The distiller may, in the presence of the United States Storekeeper or storekeeper and gauger, remove by straining through cloth, felt, or other like material any Char- coal, sediment, or other like substance found therein, and may whenever necessary reduce such spirits as are withdrawn for bottling purposes by the addition of pure water only to one hundred per centum proof for Spirits for domestic use, or to not less than eighty per Centum proof for spirits for export purposes, un- der such rules and regulations as may be prescribed by the Commissioner of Internal Revenue With the approval Of the Secretary of the Treasury; and no spirits shall be withdrawn for bottling under this Act until after the period shall have expired within which a distiller may request a regauge of distilled spirits as provided in section fifty of the Act of August twen- ty-eighth, eighteen hundred and ninety-four. (March 3, 1897, c. 379, § 2, 29 Stat. 627.) See § 6051. § 6072. Same; inspection and other require- ments as to spirits bottled for export; drawback —All distilled spirits intended for export under the provisions of this Act shall be inspected, bottled, cased, Weighed, marked, labeled, stamped, or Sealed in such manner and at such time as the Commissioner of Internal Revenue may prescribe; and the said Commissioner, with the approval of the Secretary of the Treasury, may provide such regulations for the transportation, entry, reinspection, and lading Of such spirits for export as may from time to time be deemed necessary ; and all provisions of existing law relating to the exportation of distilled spirits in bond, so far as applicable, and all penalties therein imposed, are hereby extended and made applicable to distilled spirits bottled for export under the pro- visions of this Act, but no drawbacks shall be allowed or paid upon any spirits bottled under this Act. (March 3, 1897, c. 379, § 3, 29 Stat. 627.) § 6073. Same; tax on deficiency—Where, upon inspection at the bonded warehouse in which the Spir- its are bottled as aforesaid, the quantity SO bottled and cased for export is less than the quantity actually contained in the distiller's original casks or packages at the time of withdrawal for that purpose the tax On the loss or deficiency so ascertained shall be paid before the removal of the spirits from such ware- house, and the tax SO paid shall be receipted and ac-. COUnted for by the Collector in Such manner as the Commissioner of Internal Revenue may prescribe. (March 3, 1897, c. 379, § 4, 29 Stat. 627.) § 6074. Tax on spirits entered for export if case opened, or marks removed or changed— Where, upon reinspection at the port of entry, any Case containing Or purporting to contain distilled spirits for export is found to have been opened or tampered with, or where any mark, brand, stamp, label, or Seal placed thereon or upon any bottle con- tained therein has been removed, changed, or will- fully defaced, or where upon such reinspection any loss or discrepancy is found to exist as to the con- tents of any Case SO entered for export, the tax on the Spirits Contained in each Such case at the time of its removal from warehouse shall be collected and paid. (March 3, 1897, c. 379, § 5, 29 Stat. 627.) § 6075. Reusing stamp or bottle, and other violations of act—Any perSOn who shall reuse any stamp provided under this Act after the same shall have been once affixed to a bottle as provided herein, or who shall reuse a bottle for the purpose of Con- taining distilled spirits which has Once been filled and Stamped under the provisions Of this Act without [Page 958] removing and destroying the stamp so previously af- fixed to such bottle, or who shall, contrary to the provisions of this Act or of the regulations issued thereunder remove or cause to be removed from any bonded warehouse any distilled spirits inspected Or bottled under the provisions of this Act, or who shall bottle or case any such spirits in violation of this Act or of any regulation issued thereunder, or who shall, during the transportation and before the exportation of any such spirits, open or cause to be opened any case or bottle containing such spirits, or Who shall willfully remove, change, or deface any stamp, brand, label, or seal affixed to any such case or to any bottle contained therein, shall for each such offense be fined not less than One hundred nor more than One thou- sand dollars, and be imprisoned not more than two years, in the discretion of the court, and such spirits shall be forfeited to the United States. (March 3, 1897, c. 379, § 6, 29 Stat. 627.) § 6076. Forging stamps—Every person who, with intent to defraud, falsely makes, forges, alters, or counterfeits any stamp made or used under any provision of this Act, or who uses, sells, or has in his possession any such forged, altered, or counter- feited Stamp, Or any plate or die used or which may be used in the manufacture thereof, or who shall make, use, Sell, Or have in his possession any paper in imitation Of the paper used in the manufacture Of any stamp required by this Act, shall on conviction be punished by a fine not exceeding one thousand dollars and by imprisonment at hard labor not ex- ceeding five years. (March 3, 1897, c. 379, § 7, 29 Stat. 628.) $ 6077. Bottled spirits subject to state law— Nothing in this Act shall be construed to exempt spirits bottled under the provisions of this Act from the operation of chapter seven hundred and twenty- eight of the public laws of the Fifty-first Congress, approved August eighth, eighteen hundred and ninety. (March 3, 1897, c. 379, § 8, 29 Stat. 629) See § 8738. § 6078. Detaining packages on suspicion—It shall be lawful for any internal-revenue Officer to detain any cask or package containing, or supposed to contain, distilled Spirits, when he has reason to believe that the tax imposed by law upon the same has not been paid, or that the same is being removed in violation of law ; and every such cask or package may be held by him at a safe place until it shall be determined whether the property so detained is lia- ble by law to be proceeded against for forfeiture; but such summary detention shall not continue in any Case longer than forty-eight hours without process of law or intervention of the officer to whom such de- tention is to be reported. (R. S. § 3298.) § 6079. Forfeiture of spirits unlawfully re- moved from distillery—All distilled Spirits found elsewhere than in a distillery or distillery Warehouse, not having been removed therefrom according to law, shall be forfeited to the United States. (R. S. § 3299, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) § 6080. Store-keeper unlawfully removing or allowing to be removed—Whenever any store-keeper or other person in the employment of the United States, having charge of a bonded warehouse, re- moves or allows to be removed therefrom any Cask or other package, without an order or permit of the Collector, Or which has not been marked Or stamped in the manner required by law ; or removes or al- lows to be removed any part of the contents of any cask or package deposited therein, he shall be imme- diately dismissed from office or employment, and be fined not less than five hundred dollars nor more than two thousand dollars, and imprisoned not less than three months nor more than two years. (R. S. § 3300.) § 6081. Store-keepers; warehouse-books and returns—Every storekeeper shall keep a warehouse- book, which shall at all times be open to the examina- tion of any revenue Officer, and shall enter therein an account of all articles deposited in the warehouse to Ch. 4) 3 6087 INTERNAL REVENUE . [Page 959] - which he is assigned, indicating in each case the date of deposit, by whom manufactured Or produced, the number and description of the package and con- tents, the quantities therein, the marks and serial numbers thereon, and by whom gauged, inspected, or weighed, and if distilled spirits, the number of gauge Or Wine gallons, of proof-gallons, and Of taxable gal- lons; and before delivering any article from the ware- house he shall enter in Said book the date of the per- mit Or Order of the Collector for the delivery Of Such articles, the number and description of the packages, the marks and serial numbers thereon, the date of de- livery, to whom delivered, and for what purpose, which purpose shall be specified in the permit or or- der for delivery ; and in case of delivery of any dis- tilled spirits the number of gauge or wine gallons, Of proof-gallons, and of taxable gallons, shall also be stated ; and such further particulars shall be en- tered in the Warehouse-books as may be prescribed Or found necessary for the identification of the packages, to insure the correct delivery thereof and proper a C- Countability therefor. And every store keeper shall furnish daily to the collector of the district a return Of all artićles received in and delivered from the Ware- house during the day preceding that on which the re- turn is made, and mail at the same time a COpy there- of to the Commissioner of Internal Revenue, and shall, On the first Monday of every month, make a report in duplicate of the number of packages of all articles, with the respective descriptions thereof, as above provided, which remained in the warehouse at the date of his last report, Of all articles received therein and delivered therefrom during the preceding month, and of articles remaining therein at the end of said month. He shall deliver One of these reports to the Collector having control of the warehouse, to be re- Corded and filed in his Office, and transmit One to the Commissioner Of Internal Revenue, to be recorded and filed in his office. (R. S. § 3301, amended, March 1, 1879, c. 125, § 5, 20 Stat. 337.) - § 6082. Same; charge of distillery and ac- count of materials used—The store-keeper assigned to any distillery warehouse shall, in addition to the duties required of him as store-keeper in charge of a warehouse, keep in a book to be provided for that purpose, and in the manner prescribed by the Commis- sioner of Internal Revenue, a daily account of all the meal and vegetable productions or other substances brought into said distillery, Or on Said premises, to be used for the purpose Of producing Spirits, from whom purchased, and when delivered at said distil- lery; of the kind and quantity Of all fuel used, and from whom purchased ; of all repairs made on said distillery, and by whom and when made; of the names and places of residence Of all persons employed in or about the distillery; of the materials put into the mash-tub or Otherwise used for the production of spirits; of the time when any fermenting-tub is emptied of ripe mash or beer, recording the same by the number painted on said tub; drawn off from the receiving-Cistern, and the time when the same were drawn off. (R. S. § 3302.) § 6083. Distillers’ books; entries to be made— Every person who makes Or distills Spirits, or owns any still, boiler, or other vessel used for the purpose of distilling spirits, or who has such still, boiler, or other vessel so used under his superintendence, either as agent or owner, or who uses any such still, boiler, or other vessel, shall from day to day make, or cause to be made, in a book or books, to be kept by him in Such form as the COmmissioner Of Internal Revenue may prescribe, a true and exact entry of the kind of materials, and the quantity in pounds, bushels, or gallons purchased by him for the production of spirits, from whom and when purchased, and by what Conveyance delivered at said distillery, the amount paid therefor, the kind and quantity of fuel purchas- ed for use in the distillery, and from whom purchas- tion of any revenue Officer. and Of all Spirits ed, the amount paid for ice or water for use in the distillery, the repairs placed on said distillery or distilling-apparatus, the cost thereof, and by whom and when made, and of the name and residence of each person employed in or about the distillery, and in what capacity employed. And in another book he shall make like entry of the quantity of grain or other Imaterial used for the production of Spirits, the time of day when any yeast or other composition is put into any mash Or beer for the purpose of exciting fer- mentation, the quantity of mash in each tub, designat- ing the same by the number of the tub, the number Of dry inches, that is to Say, the number of inches be- tween the top of each tub and the surface of the mash or beer therein at the time of yeasting, the gravity and temperature of the beer at the time of yeasting, and On every day thereafter its quantity, gravity, and temperature at the hour of twelve me- ridian; also, of the time when any fermenting-tub is emptied of ripe mash or beer, the number of gal- lons of spirits distilled, the number of gallons placed in the warehouse, and the proof thereof, the number of gallons sold or removed, with the proof thereof, and the name, place of business, and residence of the person to whom sold. (R. S. § 3303.) § 6084. Same; inspection and preservation- The books of every distiller hereinbefore required shall always be kept at the distillery and be alWayS open to the inspection of any revenue officer, and, when filled up, shall be preserved by the distiller for a period of not less than two years thereafter, and whenever required shall be produced for the inspec- (R. S. § 3304.) § 6085. Same; false entries, or omitting to lxeep or produce—Whenever any false entry is made in, or any entry required to be made is omitted from, either of the said books mentioned in the two preced- ing sections, with intent to defraud or to conceal from the revenue officers any fact or particular required to be stated and entered in either of said books, Or to mislead in reference thereto; or any distiller as afore- said omits or refuses to provide either of Said books, or cancels, obliterates, or destroys any part of either of such books, or any entry therein, with intent to de- fraud, or permits the same to be done, or such books, or either of them, are not produced when required by any revenue officer, the distillery, distilling-appara- tus, and the lot or tract of land on which it stands, and all personal property on said premises used in the business there carried on, shall be forfeited to the United States. And every person who makes such false entry, or omits to make any entry hereinbefore required to be made, with the intent aforesaid, Or who causes or procures the same to be done, or fraudu- lently cancels, obliterates, or destroys any part of Said books, or any entry therein, or willfully fails to pro- duce such books, or either of them, shall be fined not less than five hundred dollars, nor more than five thousand dollars, and imprisoned not less than Six months, nor more than two years. (R. S. § 3305.) § 6086. Using false weights or measures, or unregistered materials—Every person Who knowing- ly uses any false weights or measures in ascertain- ing, weighing, or measuring the quantities of grain, meal, or vegetable materials, molasses, beer, or other substances to be used for distillation, shall be fined not less than five hundred dollars nor more than five thou- sand dollars, and imprisoned not less than One year nor more than three years. Any perSOn Who uses any molasses, beer, or other substance, whether ferment- ed on the premises or elsewhere, for the purpose Of producing spirits, before an account of the same is reg- istered in the proper book provided for that purpose, shall forfeit and pay the sum of one thousand dollars for each offense so committed. (R. S. § 3306.) § 6087. Distillers’ returns; production to col- Iector–On the first day of each month, Or within five days thereafter, every distiller shall render to the # 6088 (Tit. 35 INTERNAL REVENUE IPage 960] collector of the district an account in duplicate, taken from his books, stating the quantity and kind of materials used for the production of Spirits each, day, and the number of wine-gallons and of proof-gallons of spirits produced and placed in Warehouse. And the distiller or the principal manager of the distil- lery shall make and subscribe the following oath, to be attached to said return: “I, —, distiller (or principal manager, as the case may be) of the distillery at , do solemnly swear that, since the date of the last return of the business of said dis- tillery, dated day Of — to day of , both inclusive, there was produced in Said distillery, and withdrawn and placed in Warehouse, the number of wine-gallons and proof-gallons Of spirits; and there were actually mashed and used in said distillery, and consumed in the production of spirits therein, the several quantities of grain, Sugar, molasses, and other materials respectively herein- before specified, and no more.” One of the said dupli- cate returns shall be transmitted by the COllectOr to the Commissioner of Internal Revenue. (R. S. § 3307.) § 6088. Same; number of barrels distilled- Every distiller shall make a return of the number of barrels of spirits distilled by him, Counting forty gallons of proof-spirits to the barrel, whenever Such return is demanded by the collector of the district. (R. S. § 3308.) . § 6089. Same; monthly examination-On the receipt of the distiller's return in each month, the Commissioner of Internal Revenue shall inquire and determine whether the distiller has accounted for all . the grain or molasses used, and all the Spirits pro- duced by him in the preceding month. If he is Sat- isfied that the distiller has reported all the Spirits produced by him, and the quantity SO reported is found to be less than eighty per centum of the pro- ducing-capacity of the distillery as estimated accord- ing to law, he shall make an assessment for Such de- ficiency at the rate of [ninety] cents for every proof- gallon. In determining the quantity of grain used, fifty-six pounds shall be accounted as a bushel; and if the Commissioner finds that the distiller has used any grain or molasses in excess of the capacity Of his distillery as estimated according to law, he shall make an assessment against the distiller at the rate of [ninety] cents for every proof-gallon of Spirits that should have been produced from the grain Or molas- ses so used in excess, which assessment shall be made whether the quantity of spirits reported is equal to or exceeds eighty per centum of the producing-capacity Of the distillery. . If the COmmissioner finds that the distiller has not accounted for all the spirits pro- duced by him, he shall, from all the evidence he can obtain, determine what quantity of spirits was actual- ly produced by such distiller, and an assessment shall be made for the difference between the quantity re- ported and the quantity shown to have been actually produced, at the rate of ninety cents for every proof- gallon: Provided, That the actual product shall be assumed to be in no Case less than eighty per Cen- tum of the producing-Capacity of the distillery as es- timated a CCOrding to law. All assessments made un- der this section shall be a lien on all distilled spirits On the distillery premises, the distillery used for dis- tilling the same, the stills, vessels, fixtures, and tools therein, the tract of land whereon the said distillery is located, and any building thereon, from the time Such assessment is made until the same Shall have been paid. (R. S. § 3309, amended, March 3, 1875, c. 131, § 12, 18 Stat. 419.) Text in brackets superseded by § 5986. § 6090. Assessments for deficiency in produc- tion—All assessments made under the provisions of Section thirty-three hundred and nine of the Revised Statutes of the United States, and Acts amendatory thereof, shall be at the rate of tax imposed by this Act On each proof gallon. 60, 28 Stat. 566.) R. S. § 3309, is $ 6080. § 6091. Same; remission and refunding-When- ever, under the provisions of section thirty-three hun- dred and nine of the Revised Statutes, an assessment shall have been made against a distiller for a de- ficiency in not producing eighty per centum Of the producing capacity of his distillery as established by law, or for the tax upon the Spirits that should have been produced from the grain, or fruit, or molasses found to have been used in excess of the capacity of his distillery for any month, as estimated a CCOrding to law, such excessive use of grain, or fruit, Or mo- lasses having arisen from a failure on the part of the distiller to maintain the capacity required by law to enable him to use such grain, or fruit, or molasses without incurring liability to such assessment, and it shall be made to appear to the satisfaction Of the Commissioner of Internal Revenue that said defi- ciency, or that said failure, whereby such excessive use of grain, molasses, or fruit arose, was not OCCā- Sioned by any want Of diligence or by any fraudulent purpose, on the part of the distiller, but from mis- understanding as to the requirements of the law and (Aug. 27, 1894, c. 349, , § regulations in that respect or by reason of unavoid- able accidents, then, and in such case, the Commis- Sioner of Internal Revenue, subject to regulations prescribed by the Secretary of the Treasury is au- thorized, on appeal made to him, to remit or refund such tax, or such part thereof as shall appear to him to be equitable and just in the premises: And the Commissioner of Internal Revenue upon the pro- duction to him of Satisfactory proof of the actual destruction, by accidental fire or other Casualty, and without any fraud, collusion, or negligence of the distiller of any spirits in process of manufacture Or distillation, Or before removal to the distillery Ware- house, shall not assess the distiller for a deficiency in not producing eighty per centum of the producing capacity of his distillery as established by law when the deficiency is occasioned by such destruction, nor shall he, in Such case, assess the tax. On the Spirits so destroyed. * * Provided further, That no as- sessments shall be charged against any distiller of fruit for any failure to maintain the required Ca- pacity, unless the Commissioner shall, within Six months after his receipt of each monthly report noti- fy such distiller of such failure so to maintain the required capacity. (March 1, 1879, c. 125, § 6, 20 Stat. 340, amended, May 28, 1880, c. 108, § 8, 21 Stat. 147.) § 6092. Commencement of distilling; suspen- sion of work—The first fermenting period. Of every distiller Shall be taken to begin. On the day the dis- tiller's bond is approved ; and every distiller at the hour of twelve meridian on the last day Of Such first fermenting period, or at the same hour on any pre- vious day of such fermenting period on which spirits are distilled, shall be deemed to have COmmenced, and thereafter to be COntinuously engaged in, the produc- tion of distilled spirits in his distillery, except in the intervals when he shall Suspend work as hereinafter provided. Any distiller desiring to suspend work in his distillery may give notice in writing to the col- lector of the district, stating when he will suspend work; and On the day mentioned in said notice said Collector or One of his deputies shall, at the expense of the distiller, proceed to fasten securely the door of every furnace of every Still or boiler in Said distill- ery, by locks and Otherwise, and shall adopt such Other means as the COmmissioner Of Internal Revenue may prescribe to prevent the lighting of any fire in such furnace or under such stills or boilers. The locks and seals, and other materials required for such purpose, shall be furnished to the collector by the Commissioner of Internal Revenue, to be duly accounted for by said collector. Such notice by any distiller, and the action taken by the collector in Ch. 4) 3 6097 INTERNAL REVENUE [Page 9611 pursuance thereof, shall be immediately transmitted to the Commissioner of Internal Revenue. NO distill- er; after having given such notice, shall, after the time stated therein, Carry on the busineSS Of a dis- tiller on said premises until he gives another notice in writing to said collector, stating the time when he will resume work; and at the time so stated for re- suming work the collector or one of his deputies shall, attend at the distillery to remove said locks and other fastenings; and thereupon, and not before, work may be resumed in said distillery, which fact shall be immediately reported to the collector Of the district, and by him transmitted to the Commissioner of Internal Revenue. Every distiller who, after the time fixed in said notice declaring his intention to suspend work, carries on the business of a distiller On Said premises, or has mash, wort, or beer in his distillery, or on any premises connected thereWith, Or has in his possession or under his control any mash, wort, or beer, with intent to distill the same On Said premises, shall incur the forfeitures and be subject to the same punishment as provided for persons who Carry On the business of a distiller without having given the bonds required by law. But nothing in this section shall be held to apply to suspensions caused by unavoidable accident; and the Commissioner of Internal Revenue shall prescribe regulations to gow- ern Such Cases Of involuntary SuSpension. 3310, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248, and May 28, 1880, c. 108, § 7, 21 Stat. 147.) § 6093. Reduction of capacity—Whenever, any distiller desires to reduce the producing-CapaCity Of his distillery, he shall give notice of such intention, in writing, to the collector, stating the quantity of spirits which he desires thereafter to manufacture or produce every twenty-four hours, and thereupon said Collector shall proceed, at the expense Of the distiller, to reduce and limit the producing-CapaCity Of the distillery to the quantity stated in said notice, by placing upon a sufficient number of the fermenting- tubs close-fitting covers, which shall be securely fas- tened by nails, seals, and Otherwise, and in Such man- ner as to prevent the use of such tubs without remov- ing said covers or breaking Said Seals, and shall adopt such other precautions as may be prescribed by the Commissioner of Internal Revenue to reduce the capacity of said distillery. And every person who breaks, injures, or in any manner tampers With any lock, seal, or other fastening applied to any fur- Inace, still, or fermenting-tub, or Other vessel, in pur- Suance Of the provisions Of law, Or Who Opens Or at- tempts to Open any door, tub, or other vessel, which is iOcked or sealed, or Otherwise ClOsed Or fastened as herein provided, or who uses any furnace, still, or fermenting-tub, or other vessel, which is so locked, sealed, or fastened, shall be deemed guilty of a felony, and shall be fined not less than One thousand dollars nor more than five thousand dollars, and imprisoned for not less than one year nor more than three years. (R. S. § 331.1.) - § 6094. Stamps; preparation, and issue—All stamps required for distilled spirits shall be engraved in their. Several kinds in book-form, and Shall be iS- sued by the Commissioner of Internal Revenue to any Collector, upon his requisition, in Such numbers as may be necessary in the several districts. Each stamp shall have an engraved stub attached thereto, with a number thereon Corresponding with an engraved num- ber on the stamp, and the stub shall not be removed from the book. And there Shall be entered. On each Stub Such memoranda. Of the COntents Of its COrre- sponding stamp as shall be necessary to preserve a perfect record Of the use of Such Stamp When de- tached. (R. S. § 33.12.) See § 5986. § 6095. Same; form of, how used—On every Stamp for the payment of tax on distilled Spirits there shall be engraved words and figures represent- COMP. S.T.’18—61 - - - (R. S. § ing a decimal number of gallons, and on the stub Corresponding to Such stamp there shall be engraved a similar number of gallons, and between the stamp and the Stub, and connecting them, shall be engraved nine coupons, which, beginning next to the Stamp, shall indicate in succession the several numbers of gallons between the number named in the stamp and the decimal number next above. And whenever any Collector receives the tax on the distilled SpiritS COn- tained in any cask, he shall detach from the book, a stamp representing the denominate quantity near- est to the quantity of proof-spirits in such Cask, as shown by the gauger's return, with such number of the coupons attached thereto as shall be necessary to make up the whole number of proof-gallons in Said cask; and any fractional part of a gallon amounting to One-half gallon or over in addition to the number of full gallons shall be regarded as a full gallon, and any fractional part of a gallon less than One-half gallon in any cask or package shall be exempt from tax. All unused coupons shall remain attached to the marginal stub, and no Coupon shall have any value or significance when detached from the Stamp and stub. And the tax-paid stamps with the Cou- pons may denote such number of gallons, not leSS than twenty, as the Commissioner of Internal Reve- nue may deem advisable. (R. S. § 3313.) See § 5986. § 6096. Same; accountability for stamp- Thooks—The books of tax-paid stamps issued to any collector shall be charged to his account at the full value of the tax on the number of gallons represented on the stamps and coupons contained in said books : and every collector shall make a monthly return to the Commissioner of Internal Revenue of all tax-paid stamps issued by him to be affixed to any Cask Ol' package containing distilled spirits on which the tax has been paid, and account for the amount of the tax. COllected ; and when the said Collector returns to the Commissioner of Internal Revenue any book of marginal stubs, which it shall be his duty to do as soon as all the stamps contained in the book when issued to him have been used, and accounts for the tax. On the number of gallons represented. On the Stamps and coupons that Were contained in said book, there shall be allowed to the collector a commission of One-half of One per centum on the amount of such tax, in addition to any Other Commission by law al- lowed : Provided, That the total net compensation of collectors as fixed by this title shall not be thereby increased. All Stamps relating to distilled Spirits, Other than the tax-paid stamps, shall be charged to Collectors; and the books containing such stamps may be intrusted by any collector to the gauger of the district, who shall make a daily report to the col- lector of all such stamps used by him and for whom used ; and when all the stamps Contained in any such book have been issued, the gauger of the dis- trict shall return the book to the collector, with all the marginal stubs therein: Provided, That all ex- port stamps issued to collectors shall be charged to them as representing the value of ten cents for each stamp, and they shall collect the amount due for such stamps at the rate Of ten Cents for each stamp issued in Such manner and at Such time as the Com- missioner of Internal Revenue may prescribe, and the Commissioner may, in his discretion, make assess- ment therefor. (R. S. § 3314, amended, March 1, 1879, c. 125, § 5, 20 Stat. 339, and May 28, 1880, c. 108, § 16, 21 Stat. 148.) - See § 5850. & § 6097. Restamping when stamps lost or de- stroyed—The Commissioner of Internal Revenue may, under regulations prescribed by him with the ap- proval of the Secretary of the Treasury, issue stamps for restamping packages of distilled spirits, tobacco, cigars, snuff, cigarettes and fermented liquors which have been duly stamped, but from which the stamps 3 6098 (Tit. 35 INTERNAL REVENUE [Page 962] have been lost or destroyed by unavoidable accident. (R. S. § 3315, amended, March 1, 1879, c. 125, § 5, 20 Stat. 338.) § 6098. Using, issuing, or permitting use of stamps contrary to law—Whenever any revenue of ficer affixes or cancels, or causes or permits to be affixed or canceled, any stamp relating to distilled Spirits provided for by law, in any other manner or in any other place, or issues the same to any other perSOn than as provided by law, or by regulation mrade in pursuance thereof, or knowingly affixes, or per- mits to be affixed, any such stamp to any cask or package of spirits of which the whole or any part has been distilled, rectified, compounded, removed, Or Sold, in Violation of law, or which has in any man- her eScaped payment Of tax due thereon, he shall, for eVery Such Offense, be fined not less than five hun- dred dollars nor more than three thousand dollars, and be imprisoned for not less than six months nor more than three years. (R. S. § 33.16.) $ 6099. Rectifier’s returns; unlawfully recti- fying—That on or before the tenth day of each month every person engaged in rectifying or com- pounding distilled spirits shall make, in such form aS may be prescribed by the Commissioner of Inter- nal Revenue, a return to the collector of the district, Showing the quantity of spirits received for rectifica- tion, and from whom received, the quantity dumped for rectification, the quantity rectified, the quantity removed after rectification during the preceding month, and giving such other information as may be required by the Commissioner of Internal Revenue, Such return to be made in duplicate and sworn to by the rectifier; and the collector shall forward one of Such returns to the Commissioner of Internal Revenue. Every person who engages in, or carries on, the busi- ness of a rectifier with intent to defraud the United States of the tax on the spirits rectified by him, or any part thereof, or with intent to aid, abet, or assist any perSon or persons in defrauding the United States Of the tax on any distilled spirits, or who shall pur- Chase or receive or rectify any distilled spirits which have been removed from a distillery to a place other than the distillery-warehouse provided by law, know- ing or having reasonable grounds to believe that the tax. On Said Spirits, required by law, has not been paid, shall, for every such offense, be fined not less than one thousand dollars nor more than five thou- Sand dollars, and imprisoned not less than six months nor more than two years. (R. S. § 3317, amended, March 1, 1879, c. 125, § 5, 20 Stat. 339.) § 6100. Books of rectifiers and wholesale deal- ers; monthly transcript—Every rectifier and whole- Sale liquor-dealer shall provide a book, to be prepared and kept in such form as may be prescribed by the Commissioner of Internal Revenue, and shall, On the same day on which he receives any foreign or domes- tic spirits, and before he draws off any part thereof, or adds water or anything thereto, Or in any respect alters the same, enter in such book, and in the prop- er Columns respectively prepared for the purpose, the date when, the name of the person or firm from whom, and the place whence the Spirits were received, by whom distilled, rectified, Or Compounded, and when and by whom inspected, and, if in the original pack- age, the serial number of each package, the number of wine-gallons and proof-gallons, the kind of spirit, and the number and kind of adhesive Stamps thereon. And every such rectifier and wholesale dealer shall, at the time of sending out of his stock Or possession any spirits, and before the same are removed from his premises, enter in like manner in the said book the day when and the name and place of business of the person or firm to whom such spirits are to be sent, the Quantity and kind or quantity of such spirits, the num- ber of gallons and fractions of a gallon at proof, and, if in the Original packages in which they were received, the name Of the distiller and the Serial number of the package. Every such book shall be at all times kept in some public or open place on the premises of such rectifier or wholesale dealer for inspection, and any revenue officer may examine it and take an abstract therefrom; and when it has been filled up as afore- Said, it shall be preserved by such rectifier or whole- sale liquor-dealer for a period not less than two years; and during such time it shall be produced by him to every revenue Officer demanding it. And whenever any rectifier or wholesale liquor-dealer refuses or neg- lects to provide such book, or to make entries therein as aforesaid, or cancels, alters, obliterates, or destroys any part of such book, or any entry therein, or makes any false entry therein, or hinders or obstructs any revenue officer from examining Such book, or mak- ing any entry therein, or taking any abstract there- from; or whenever such book is not preserved or is not produced by any rectifier Or Wholesale liquor-deal- er as hereinbefore directed, he shall pay a penalty of One hundred dollars, and shall. On Conviction be fined not less than one hundred dollars nor more than five thousand dollars, and imprisoned not less than three months nor more than three years. That every per- son required to keep the books prescribed by this sec- tion shall, on or before the tenth day of each month, make a full and correct transcript of all entries made in Such book during the month preceding, and, after Verifying the Same by Oath, shall forward the same to the Collector Of the district in which he resides. Any failure by reason of refusal or neglect to make Said transcripts shall subject the person so offending to a fine of one hundred dollars for each neglect or refusal. (R. S. § 3318, amended, Feb. 27, 1877, c. 69, 19 Stat. 248, and March 1, 1879, c. 125, § 5, 20 Stat. 339.) See § 5856. § 6101. Purchase of quantities greater than twenty gallons from one person—It shall not be lawful for any rectifier of distilled spirits, or whole- Sale or retail liquor-dealer, to purchase or receive any distilled spirits in quantities greater than twenty gallons from any person other than an authorized rec- tifier of distilled spirits, distiller, or wholesale liquor- dealer. Every person who violates this section shall forfeit and pay one thousand dollars: Provided, That this provision shall not be held to apply to judicial sales, or to sales at public auction made by an auc- tioneer. (R. S. § 3319.) See § 5971(5). § 6102. Gauging, inspection, and stamping of rectified spirits—Whenever any cask or package, containing five wine gallons or more, is filled for Ship- ment, sale, or delivery on the premises of any rectifier who has paid the special tax required by law, it shall be inspected and gauged by a United States gauger whose duty it shall be to mark and brand the Same and place thereon an engraved stamp, which shall state the date when affixed and the number of proof gallons, and shall be in such form as shall be prescrib- ed by the Commissioner of Internal Revenue With the approval of the Secretary of the Treasury: , Provid- ed., That when such cask or package is filled on the premises of a rectifier rectifying less than five hun- dred barrels a year, counting forty gallons of proof spirits to the barrel, it may be gauged, marked, brand- ed, and stamped by a United States gauger, or it may be gauged, marked, branded, and stamped by the recti- fier, as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulations prescribe. (R. S. § 3320, amended, July 16, 1892, c. 196, § 1, 27 Stat. 200, and Aug. 27, 1894, C. 349, § 66, 28 Stat. 567.) § 6102a. Gasks or packages dumped for or received from rectification, to be gauged, and marked—Whenever any cask or package of distilled spirits containing five wine gallons or more is dump- ed by a rectifier for rectification or filled and receiv- ed from rectification for sale, shipment, Or delivery the same shall be gauged, marked, branded and stamped by a United States gauger; but the Commissioner of Ch. 4) & 6109 INTERNAL REVENUE Internal Revenue may by regulations, approved by the Secretary of the Treasury, provide that the gauging, marking, stamping and branding of Such packages SO dumped for rectification, or received therefrom, be done by the rectifier instead of by a United States gauger. (March 4, 1915, c. 141, § 1, 38 Stat. 1017.) - (R. S. § 3321. Repealed.) This section required gaugers to gauge, inspect, and stamp packages of spirits of not less than five Wine-gal- lons, filled for shipment, sale, or delivery, on the prem: ises of a wholesale liquor dealer. It was repealed by Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 152. § 6103. Filling blanks, and affixing and pro- teeting stamps—All blanks in any Of the forms pre- scribed in the preceding section shall be duly filled in accordance with the facts in each case. And the stamps therein designated shall in every Case be affix- ed to a smooth surface of the cask or other package, which surface shall not have been previously painted or covered with any substance, and So as to fasten the same securely to the cask or package, and Shall be duly canceled, and shall then be immediately COV- ered with a coating of transparent varnish Or Other Substance, so as to protect them from removal Or damage by exposure; and such affixing, Cancellation, and covering shall be done in such manner as the Commissioner of Internal Revenue may by regulation prescribe. (R. S. § 3322.) § 6104. Spirits drawn into new packages to be gauged and branded; returns; forfeitures—EV- ery package of distilled spirits containing five Wine gallons or more, filled on the premises of a Wholesale liquor dealer, who has paid the special tax required by law, shall be marked, branded, and Stamped by such wholesale liquor dealer in such manner and un- der such rules and regulations as the Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, may prescribe; and on Or before the tenth day of each month every wholesale liquor dealer shall make return, under oath, to the Collec- tor Of internal revenue for the district of the various kinds and quantities of each kind and of the total quan- tities of distilled spirits received on his premises and Of the various kinds and quantities of each kind and Of the total quantity of distilled spirits sent out from his stock or possession during the preceding month, and of the quantity of each kind and the total quantity re- maining on hand at the end of the month; and such return shall be made in such form and COntain Such other particulars as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. And every rectifier or wholesale liquor dealer who refuses or willfully neg- lects to Comply with the requirements of this act as to giving the said notice or the Said return, and as to marking, branding, and stamping, in accordance with the law and the regulations made in pursuance thereof, the packages of spirits filled on his premises as afore- said, shall, for each Such Offense, be fined not less than two hundred dollars nor more than One thou- sand dollars. (R. S. § 3323, amended, July 16, 1892, c. 196, § 1, 27 Stat. 200.) § 6105. Effacing stamps and brands from empty casks; onission to efface, and transport- ing in violation of law—Every person who empties Or draws off, or causes to be emptied or drawn off, any distilled spirits from a Cask or package bearing any mark, brand, or stamp required by law, shall, at the time of emptying such Cask or package, efface and Ob- literate said mark, stamp, or brand. Every such cask Or package from which said mark, brand, or stamp is not effaced and obliterated as herein required, shall be forfeited to the United States, and may be seized by any officer of internal revenue wherever found. And every railroad company or other transportation COmpany, or person who receives or transports, or has in possession with intent to transport, or with intent to cause or procure to be transported, any such empty Cask or package, or any part thereof, having thereon any brand, mark, or stamp, required by law to be [Page 963] its so removed ; placed on any cask or package containing distilled Spirits, shall forfeit three hundred dollars for each such cask or package, or any part thereof, so receiv- ed or transported, or had in possession with the intent aforesaid; and every boat, railroad-Car, Cart, dray, wagon, or other vehicle, and all horses and Other ani- mals used in carrying or transporting the same, Shall be forfeited to the United States. Every person Who fails to efface and obliterate said mark, stamp, Or brand, at the time of emptying such cask or package, or who receives any such cask or package, Or any part thereof, with the intent aforesaid, or who transportS the same, or knowingly aids Or assists therein, or Who removes any Stamp provided by law from any Cask Or package containing, or which had contained, dis- tilled spirits, without defacing and destroying the same at the time of such removal, or who aids or as- Sists therein, or who has in his possession any such Stamp SO removed as aforesaid, Or has in his posses- SiOn any Canceled stamp, or any stamp which has been used, or which purports to have been used, upon any Cask or package of distilled spirits, shall be deemed guilty of a felony, and shall be fined not less than five hundred dollars nor more than ten thousand dol- lars, and imprisoned not less than one year nor more than five years. (R. S. § 3324.) $ 6106. Buying or selling spirit-casks having inspection-marks—Whenever any person knowingly purchases or sells, with inspection-marks thereon, any Cask or package, after the same has been used for dis- tilled Spirits, he shall forfeit and pay the sum of two hundred dollars for every such cask so purchased or sold. (R. S. § 3325.) $ 6107. Changing stamps and shifting spirits —Whenever any person changes or alters any Stamp, mark, Or brand On any cask or package containing dis- tilled Spirits, or puts into any cask or package spirits of greater strength than is indicated by the inspection- mark thereon, or fraudulently uses any cask or pack- age having any inspection-mark or stamp thereon, for the purpose of selling other spirits, or spirits of quan- tity or quality different from the spirits previously inspected therein, he shall forfeit and pay the sum Of two hundred dollars for every cask or package on which the stamp or mark is so changed or altered, or Which is So fraudulently used, and shall be fined for each Such Offense not less than one hundred dollars nor more than one thousand dollars, and imprisoned not less than one month nor more than one year. (R. S. § 3326.) § 6108. Affixing imitation stamps on packages —If any person shall affix, or cause to be affixed, to Or upon any Cask or package containing, or intended to COntain, distilled spirits, any imitation stamp, or other engraved, printed, stamped, or photographed label, device, or token, whether the same be designed as a trade mark, caution notice, caution, or otherwise, and which shall be in the similitude or likeness of, or Shall have the resemblance or general appearance of, any internal revenue stamp required by law to be af- fixed to or upon any cask or package containing dis- tilled Spirits, he shall, for each offense, be liable to a penalty Of one hundred dollars, and, on conviction, shall be fined not more than one thousand dollars, and imprisoned not more than three years, and the cask or package with its contents shall be forfeited to the United States. (Feb. 8, 1875, c. 36, § 17, 18 Stat. 31.1.) § 6109. Removal within certain hours from distillery or rectifier’s premises—No person Shall remove any distilled Spirits at any other time than after sun-rising and before Sun-setting in any cask or package containing more than ten gallons from any premises or building in which the same may have been distilled, redistilled, rectified, compounded, man. ufactured, or stored; and every person who violates this provision shall be liable to a penalty Of One hun- dred dollars for each Cask, barrel, or package of Spir- and said spirits, together with any vessel containing the same, and any horse, Cart, boat, # 6110 (Tit. 35 INTERNAL REVENUE [Page 964] or other conveyance used in the removal thereof, shall be forfeited to the United States. (R. S. § 3327.) § 6110. [R. S. § 3328. Superseded.] - This was section 12 of Act June 6, 1872, c. 315, 17 Stat. 240, and provided for a tax on compounds known as wine, made in imitation of Sparkling wine or champagne, but not made from grapes grown in the United States, and On all liquors, not made from grapes, currants, rhubarb, or berries grown in the United States, but produced by being rectified or mixed with distilled spirits or by the in- fusion of any matter in Spirits, to be sold as wine, or as a substitute for wine. It was superseded by Act Oct. 22, 1914, c. 331, § 2, 38 Stat. 746, and Act Sept. 8, 1916, c. 463, . §§ 401, 402 (§§ 6110a, 6110b). § 61.10a. Natural wine; wine within meaning of act; sweetening wine—That natural wine within the meaning Of this Act shall be deemed to be the product made from the normal alcoholic fermentation Of the juice of sound, ripe grapes, without addition or abstraction, except such as may occur in the usual cellar treatment of clarifying and aging: Provided, however, That the product made from the juice of Sound, ripe grapes by COmplete fermentation Of the must under proper cellar treatment and corrected by the addition (under the Supervision of a gauger Or Storekeeper-gauger in the Capacity of gauger) of a so- lution of water and pure cane, beet, or dextrose sugar (containing, respectively, not less than ninety-five per Centum of actual Sugar, Calculated On a dry basis) to the must or to the wine, to correct natural deficien- Cies, when such addition shall not increase the volume Of the resultant product more than thirty-five per Cen- tum, and the resultant product does not Contain less than five parts per thousand Of acid before fermenta- tion and not more than thirteen per Centum Of alCO- hol after Complete fermentation, shall be deemed to be wine within the meaning of this Act, and may be labeled, transported, and sold as “wine,” qualified by the name of the locality where produced, and may be further qualified by the name of its own particular type or variety: And provided further, That wine as defined in this section may be sweetened with Cane Su- gar Or beet Sugar Or pure Condensed grape must and fortified under the provisions of this Act, and wines So Sweetened Or fortified shall be considered sweet wine within the meaning of this Act. (Sept. 8, 1916, c. 463, § 401, 39 Stat. 783.) - § 6110b. [a] Rate of tax on still wines and combinations sold as wine; classification; abate- Iment or refundiment—That upon all still wines, in- cluding vermuth, and upon all artificial Or imitation wines or compound sold as wine hereafter produced 1n or imported into the United States, and upon all like wines which On the date this Section takes ef- fect shall be in the possession Or Under the Control of the producer, holder, dealer, or compounder there Shall be levied, Collected, and paid taxes at rates as follows: On Wines containing not more than fourteen per centum of absolute alcohol, 4 Cents per wine gallon, the per centum Of alcohol taxable under this section to be regkoned by Volume and not by weight. On Wines containing more than fourteen per Centum and not exceeding twenty-One per Centum of absolute alcohol, 10 CentS per Wine gallon. - On wines containing more than twenty-One per Cen- tum and not exceeding twenty-four per Centum of ab- solute alcohol, 25 cents per wine gallon. All Such wines Containing more than twenty-four per centum of absolute alcohol by volume shall be Classed as distilled spirits and shall pay tax accord- ingly: Provided, That on all unsold still wines in the actual possession of the producer at the time this title takes effect, upon which the tax imposed by the Act approved October twenty-second, nineteen hundred and fourteen, entitled “An Act to increase the internal revenue and for other purposes,” and the joint res- olution approved December seventeenth, nineteen hun- Čired and fifteen, entitled “Joint resolution extend- ing the provisions of the Act entitled “An Act to in- Crease the internal revenue, and for other purposes,” approved October twenty-second, nineteen hundred and fourteen, to December thirty-first, nineteen hun- dred and sixteen,” has been assessed, the tax so as- Sessed shall be abated, or, if paid, refunded under Such regulations as the Commissioner of Internal Rev- enue with the approval of the Secretary of the Treas- ury, may prescribe. (Sept. 8, 1916, c. 463, § 402ſal, 39 Stat. 783.) - See § 5980k. I Payment of tax by aſfixing stamp; notice, bond and inventories; wines held by retailers or produced for family use; issue of stamps—That the taxes imposed by this section shall be paid by stamp on removal of the wines from the customshouse, Winery, or other bonded place of storage for consump- tion or sale, and every person hereafter producing, or having in his possession or under his Control when this section takes effect, any wines subject to the tax imposed in this section shall file such notice, describ- ing the premises on which such wines are produced or Stored; shall execute a bond in Such form ; Shall make such inventories under oath ; and shall, prior to sale or removal for consumption, affix to each cask Or vessel Containing such wine such marks, labels, Or Stamps as the COmmissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may from time to time prescribe; and the premises described in such notice shall, for the purpose of this Section, be regarded as bonded premises. But the provisions of this subdivision of this section, except as to payment of tax and the affixing of the required Stamps Or labels, shall not apply to wines held by re- tail dealers, as defined in section thirty-two hundred and forty-four Of the Revised Statutes Of the United States, nor, subject to regulations prescribed by the Commissioner of Internal Revenue, with the approval Of the Secretary Of the Treasury, shall the tax impos- ed by this section apply to wines produced for the family use Of the producer thereof and not sold Or Otherwise removed from the place of manufacture and not exceeding in any Case two hundred gallons per year. The COmmissioner of Internal Revenue is here- by authorized to have prepared and issue Such stamps denoting payment of the tax imposed by this section as he may deem requisite and necessary; and until such stamps are provided the taxes imposed by this section shall be assessed and Collected as other taxes are assessed and Collected, and all provisions Of law relating to assessment and collection of taxes, so far as applicable, are hereby extended to the taxes impos- ed by this section. (Sept. 8, 1916, c. 463, § 402 [b], 39 Stat. 784.) - R. S. § 3244, is $ 5971. And see § 5980k. Ic] Withdrawal of grape brandy or wine spir- its from distillery or special bonded warehouse for fortification—That under such regulations and Official Supervision and upon the giving of Such notic- es, entries, bonds, and other Security as the Commis- Sioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, any pro- ducer of Wines defined under the provisions of this section or section four hundred and one of this Act, may withdraw from any fruit distillery or special bonded warehouse grape brandy, or wine spirits, for the fortification of Such wines on the premises where actually made: Provided, That there shall be levied and assessed against the producer of such wines a tax of 10 Cents per proof gallon of grape brandy Or Wine Spirits so used by him in the fortification Of such wines during the preceding month, which assess- ment shall be paid by him within six months from the date of notice thereof: Provided further, That nothing herein contained shall be construed as exempt- ing any wines, COrdials, liqueurs, or similar compounds from the payment of any tax provided for in this section. (Sept. 8, 1916, c. 463, § 402 [c], 39 Stat. 784.) See § 61.10a. - § 6110c. Additional tax on still wines, spark- ling wines and liqueurs removed for sale or con- sumption—Upon all still Wines, including Vermuth, and upon all champagne and other sparkling wines, Ch. 4) § 6114 INTERNAL REVENUE [Page 965 I liqueurs, cordials, artificial or imitation wines or compounds sold as Wine, produced in Or imported into the United States, and hereafter removed from the Custom-house, place of manufacture, or from bonded premises for sale or consumption, there shall be lev- §ed and Collected, in addition to the tax now impos- ed by law upon such articles, a tax equal to such tax, to be levied, Collected, and paid under the provisions jºins law. (Oct. 3, 1917, c. 63, § 309, 40 Stat. § 6110d. Same; when held in excess of twen- ty-five gallons for sale—Upon all articles specified in Section three hundred and nine upon which the tax now imposed by law has been paid and which are On the day this Act is passed held in excess of twenty- five gallons in the aggregate of such articles and in- tended for sale, there shall be levied, collected, and paid a tax equal to the tax imposed by such section. (Oct. 3, 1917, c. 63, § 310, 40 Stat. 311.) § 6110e. Additional tax on grape brandy or wine spirits withdrawn from fruit distillery or special bonded warehouse—Upon all grape brandy Or wine spirits withdrawn by a producer of wines from any fruit distillery or special bonded warehouse under Subdivision (C) Of Section four hundred and two of the Act entitled “An Act to increase the reve- nue, and for other purposes,” approved September eighth, nineteen hundred and sixteen, there shall be levied, assessed, collected, and paid in addition to the tax therein imposed, a tax equal to double Such tax, to be assessed, collected, and paid under the provisions of existing law. (Oct. 3, 1917, c. 63, § 311, 40 Stat. 31.1.) - § 61 i 1. Fortifying pture sweet wines with wine spirits—Any producer of pure Sweet wines may use in the preparation of such sweet wines, under such regulations and after the filing of such notices and bonds, together with the keeping of such records and the rendition Of Such reports as to materials and products as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, wine spirits produced by any duly authorized distiller, and the Commissioner of Inter- nal Revenue, in determining the liability of any dis- tiller Of wine Spirits to assessment under Section thirty-three hundred and nine of the Revised Stat- utes, is authorized to allow such distiller credit in his computations for the wine spirits withdrawn to be used in fortifying sweet wines under this Act. (Oct. 1, 1890, c. 1244, § 42, 26 Stat. 621, amended, Oct. 22, 1914, c. 331, § 2, 38 Stat. 747, and Sept. 8, 1916, c. 463, § 402(c), 39 Stat. 784.) - R. S. § 3309, is § 6089. . § 611 ia. Šame; additional tax on grape bran- dy or wine spirits for—Upon all sweet wines held for sale by the producer thereof upon the day this Act is passed there shall be levied, assessed, collected, and paid an additional tax equivalent to 10 Cents per proof gallon upon the grape brandy Or wine spirits used in the fortification Of Such wine, and an addi- tional tax of 20 cents per proof gallon shall be levied, assessed, Collected, and paid upon all grape brandy Or wine Spirits withdrawn by a producer of Sweet wines for the purpose of fortifying such wines and not so used prior to the passage of this Act. (Oct. 3, 1917, c. 63, § 312, 40 Stat. 312.) § 61 12. Same; wine spirits and sweet wine defined—The wine spirits mentioned in section forty- two herein mentioned is the product resulting from the distillation of fermented grape juice, to which water may have been added prior to, during, or after fermentation, for the Sole purpose of facilitat- ing the fermentation and economical distillation thereof, and shall be held to include the product from grapes or their residues Commonly known as grape brandy, and shall include commercial grape brandy which may have been colored with burnt Sugar Or caramel; and the pure sweet wine which may be fortified with wine spirits under the provisions of this Act is fermented or partially fermented grape juice only, with the usual cellar treatment, and shall Contain no other substance whatever introduced be- fore, at the time of, or after fermentation, except as herein expressly provided: Provided, That the addition of pure boiled Or Condensed grape must Or pure crystallized cane or beet sugar, or pure dextrose Sugar containing, respectively, not less than ninety- five per Centum of actual sugar Calculated on a dry basis, Or Water, Or any Or all Of them, to the pure grape juice, before fermentation, or to the fermented product of such grape juice, or to both, prior to the fortification herein provided for, either for the purpose of perfecting sweet wines according to commercial standards or for mechanical purposes, shall not be ex- cluded by the definition of pure sweet wine aforesaid: Provided, however, That the cane or beet sugar, Or pure dextrose sugar added for sweetening purposes shall not be in excess of eleven per centum Of the weight of the wine to be fortified: And provided fur- ther, That the addition of water herein authorized shall be under such regulations as the Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, may from time to time pre- scribe: Provided, however, That records kept in ac- Cordance with such regulations, as to the percentage of Saccharine, acid, alcoholic, and added water Con- tent of the wine Offered for fortification shall be Open to inspection by any official of the Department of Agriculture thereto duly authorized by the Secretary of Agriculture; but in no case shall such wines to which water has been added be eligible for fortifica- tion under the provisions of this Act, where the Salme, after fermentation and before fortification, have an alcoholic strength of less than five per centum of their volume. (Oct. 1, 1890, c. 1244, § 43, 26 Stat. 621, annended, Aug. 27, 1894, c. 349, § 68, 28 Stat. 568, June 7, 1906, c. 3046, § 1, 34 Stat. 215, Oct. 22, 1914, c. 331, § 2, 38 Stat. 747, and Sept. 8, 1916, c. 463, § 402(c), 39 Stat. 785.) - - § 61.13. [Superseded.] - This was section 44 of Act Oct. 1, 1890, c. 1244, 26 Stat. 622. It imposed a penalty in double the amourſt of the tax on wine spirits for the unlawful use of such Spirits in the fortification of wine. It was superseded by Act Sept. 8, 1916, c. 463, § 402(f). See § 61.14c. * § 6114. Same; withdrawal of wine spirits— TJnder such regulations and official supervision, and upon the execution of such entries and the giving of . Such bonds, bills of lading, and other Security as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, any producer of pure sweet wines as defined by this Act may withdraw wine spirits from any special bond- ed warehouse in original packages or from any reg- istered distillery in any quantity not less than eighty wine gallons, and may use so much Of the same as may be required by him under such regulations, and after the filing of such notices and bonds and the keeping of such records and the rendition of such reports as to materials and products and the disposition of the same as the Commissioner of In- ternal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, in fortifying the pure sweet wines made by him, and for no other purpose, in accordance with the foregoing limita- tions and provisions; and the Commissioner of In- ternal Revenue, with the approval of the Secretary Of the Treasury, is authorized whenever he shall deem it to be necessary for the prevention of violations of this law to prescribe that wine spirits Withdrawn under this section Shall not be used to fortify Wines except at a certain distance prescribed by him from any distillery, rectifying house, winery, or other es- tablishment used for producing or storing distilled spirits, or for making or storing wines other than wines which are so fortified, and that in the building in which such fortification of wines is practiced no wines Or Spirits other than those permitted by this regulation shall be stored in any room or part of & 6114a (Tit. 35 INTERNAL REVENUE - *- [Page 966] the building in which fortification of wines is prac- ticed. The use of wine spirits for the fortification of Sweet wines under this Act shall be under the immediate supervision of an officer of internal reve- nue, who shall make returns describing the kinds and quantities of wine so fortified, and shall affix such stamps and seals to the packages containing Such wines as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury; and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall provide by regulations the time Within which wines so fortified with the Wine spirits SO withdrawn may be subject to inspection, and for final accounting for the use of such wine spirits and for rewarehousing or for payment of the tax. On any portion of such wine spirits which remain not used in fortifying pure sweet wines. (Oct. 1, 1890, c. 1244, § 45, 26 Stat. 622, amended, Oct. 22, 1914, c. 331, § 2, 38 Stat. 747, and Sept. 8, 1916, c. 463, § 402(c), 39 Stat. 785.) § 6114a. Removal of domestic wines to bond- ed premises; tax on product of wines used as material—Under such regulations and upon the exe- cution of such notices, entries, bonds, and Other Se- curity as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, domestic wines subject to the tax imposed by this section may be removed from the winery where produced, free of tax, for storage on other 'bonded premises or from said premises to Other bonded premises: Provided, That not more than One such additional removal shall be allowed, Or for exportation from the United States Or for use as dis- tilling material at any regularly registered distillery: Provided, however, That the distiller using any such wine as material shall, subject to the provisions of section thirty-three hundred and nine of the Re- vised Statutes of the United States, as amended, be held to pay the tax on the product of such wines as will include both the alcoholic strength therein pro- duced by fermentation and that obtained from the brandy or wine spirits added to such wines at the time of fortification. (Sept. 8, 1916, c. 463, § 402(d), 39 Stat. 786.) . R. S. § 3309, is § 6089. § 61.14 b. Amount of tax on domestic and im- ported sparkling wines; regulations; stanps; application of other laws; collection of tax by assessment—That upon all domestic and imported sparkling wines, liqueurs, cordials, and similar com- pounds remaining in the hands of dealers when this section takes effect, or thereafter removed from the place of manufacture or storage for sale Or Consump- tion, there shall be levied and paid, by Stamp, taxes as follows: On each bottle or other container of Champagne Or sparkling wine, 3 cents on each one-half pint Or fraction thereof. On each bottle or other container of artificially carbonated wine, 13% cents on each one-half pint Or fraction thereof. - On each bottle or other container of liqueurs, COr- dials, or similar compounds, by whatever name sold or offered for sale, containing sweet wine, fortified with grape brandy under the provisions of paragraph (c) of this section, 1% cents on each one-half pint or fraction thereof. The taxes imposed by this section shall not apply to Wines, liqueurs, or cordials On which the tax im- posed by the Act approved October twenty-second, nineteen hundred and fourteen, entitled “An Act to increase the internal revenue, and for other pur- poses,” and the joint resolution approved December Seventeenth, nineteen hundred and fifteen, entitled “Joint resolution extending the provisions of the Act entitled “An Act to increase the internal revenue, and for other purposes,’ approved October twenty-second, nineteen hundred and fourteen, to December thirty- first, nineteen hundred and sixteen,” has been paid by' Stamp. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby authorized to have prepared suitable revenue stamps denoting the payment of the taxes imposed by this section; and all provisions of law relating to in- ternal-revenue stamps, so far as applicable, are hereby extended to the taxes imposed by this section: Pro- vided, That the collection of the tax herein prescribed on imported still wines, including vermouth, and sparkling wines, including champagne, and on im- ported liqueurs, cordials, and similar compounds, may be made within the discretion of the Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, by assessment instead of by stamps. (Sept. 8, 1916, c. 463, § 402(e), 39 Stat. 786.) Act Oct. 22, 1914, c. 331, 38 Stat. 745, and Res. Dec. 17, 1915, No. 4, 39 Stat. 2, referred to, are superseded by tº section as far as its provisions extend. See, also, $ § 61.14c. Penalty for violation of act; forfei- tures; mixing or blending; tax paid grain or other ethyl alcohol for fortification—That any per- son who shall evade or attempt to evade the tax im- posed by this section, or any requirement of this Sec- tion or regulation issued pursuant thereof, or who shall, otherwise than provided in this section, recover or attempt to recover any spirits from domestic or im- ported wine, or who shall rectify, mix, or compound with distilled spirits any domestic wines, other than in the manufacture of liqueurs, cordials, or similar compounds taxable under the provisions of this Sec- tion, shall, on conviction, be punished for each Such offense by a fine of not exceeding $5,000, or impris- . onment for not more than five years, or both, and all wines, spirits, liqueurs, cordials, or similar compounds as to which Such violation occurs shall be forfeited to the United States. But the provision of this subdivi- sion of this section and the provision of section thir- ty-two hundred and forty-four of the Revised Statutes of the United States, as amended, relating to rectifi- cation, or other internal-revenue laws of the United States, shall not be held to apply to or prohibit the mixing or blending of wines subject to tax under the provisions of this section with each other or with other wines for the sole purpose of perfecting such wines according to commercial standards: Provided, That nothing herein contained shall be construed as prohibiting the use of tax-paid grain or other ethyl alcohol in the fortification of sweet wines as defined in section fifty-three of this Act. (Sept. 8, 1916, c. 463, § 402(f), 39 Stat. 787.) - R. S. § 3244, is § 5971. And see § 6112. § 61.14d. Spirit meters, locks, seals; assign- ment of gaugers or storekeeper-gaugers; com- pensation of gaugers—That the Commissioner of Internal Revenue, by regulations to be approved by the Secretary of the Treasury, may require the use at each fruit distillery of such spirit meters, and such locks and seals to be affixed to fermenters, tanks, or other vessels and to such pipe Connections as may in his judgment be necessary or expedient; and the said commissioner is hereby authorized to assign to any such distillery and to each winery where Wines are to be fortified such number of gaugers Or Store- keeper-gaugers in the capacity of gaugers as may be necessary for the proper supervision of the manufac- ture of brandy or the making or fortifying of wines subject to tax imposed by this section ; and the Com- pensation of such officers shall not exceed $5 per diem while so assigned, together with their actual and necessary traveling expenses, and also a reasonable allowance for their board bills, to be fixed by the Commissioner of Internal Revenue, with the approV- al of the Secretary of the Treasury, but not to ex- ceed $2.50 per diem for said board bills. (Sept. 8, 1916, c. 463, § 402 (g), 39 Stat. 787.) See § 6119. Ch. 4) 3 6119 INTERNAL REVENUE § 61.14e. wines—That the Commissioner of Internal ReVenue, with the approval of the Secretary of the Treasury, is hereby authorized to make such allowances for unavoidable loss of wines while on Storage or dur- ing cellar treatment as in his judgment may be just and proper, and to prepare all necessary regulations for carrying into effect the provisions of this Section. (Sept. 8, 1916, c. 463, § 402(h), 39 Stat. 787.) § 61.14f. Rules and regulations—The Commis- sioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby authorized to make all necessary regulations to make effective the provisions of this section. (Oct. 22, 1914, c. 331, § 2, 38 Stat. 747.) - See §§ 59801, 6110b-61.14e. § 6115. Withdrawal of wine spirits to for- tify wines for export—Wine spirits may be With- drawn from Special bonded warehouses at the instance of any person desiring to use the same to fortify any wines, in accordance with commercial demands Of foreign markets, when such wines are intended for exportation, without the payment of tax on the amount of wine spirits used in such fortification, un- der such regulations, and after making such entries, and executing and filing with the collector of the dis- trict from which the removal is to be made such bonds and bills of lading, and giving such other additional security to prevent the use of such wine spirits free of tax otherwise than in the fortification of wine in- tended for exportation and for the due exportation Of the wine so fortified, as may be prescribed by the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury; and all of the provisions of law governing the exportation of dis- tilled spirits free of tax, so far as applicable, shall apply to the withdrawal and use Of Wine Spirits and the exportation of the same in accordance with this Section ; and the Commissioner of Internal Revenue is authorized, subject to the approval of the Secre- tary. Of the Treasury, to prescribe that wine spirits in- tended for the fortification of wines under this section Shall not be introduced into such wines except under the immediate Supervision of an officer of internal revenue, who shall make returns describing the kinds and quantities of wine so fortified, and shall affix such Stamps and Seals to the packages containing such Wines as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary Of the Treasury. Whenever transportation of such Wine is to be effected by land carriage the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe such regulations as to sealing packages and vehicles con- taining the same, and as to the supervision of trans- portation from the point of departure, which point Shall be determined as the place where such wine Spirits may be introduced into such wines to the point of destination as may be necessary to insure the due exportation of such fortified wines: Provided, That Where, in accordance with regulations of the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, wines for- tified under the provisions of this Act with brandy taxable at [55 cents] per proof gallon are eXported di- rectly from the winery where fortified, there shall be allowed an abatement or refund of tax equivalent to [55 cents] per gallon on each proof gallon of wine Spirits contained in such wine at the time of expor- tation, Which amount of wine spirits shall be ascer- tained by the Commissioner of Internal Revenue un- der regulations approved by the Secretary of the Treasury: Provided, That such wine spirits on which abatement or refund of tax is allowed shall not ex- Ceed the total amount of alcohol in such wine over and above fourteen per centum thereof. (Oct. 1, 1890, c. [Page 967 I Allowance for unavoidable loss of 1244, § 46, 26 Stat. 623, amended, Oct. 22, 1914, c. 331, § 2, 38 Stat. 749.) - Effect on this section of §§ 6110a-6114e (q. v.). And see § 5980 as to repeal of the amendatory act. § 6116. Reimportation of domestic wines—All provisions of law relating to the re-importation Of any goods of domestic growth or manufacture which were originally liable to an internal-revenue tax shall be, as far as applicable, enforced against any domes- tic wines sought to be re-imported; and duty shall be levied and collected upon the same when re-imported, as an original importation. (Oct. 1, 1890, c. 1244, § 47, 26 Stat. 623.) § 6117. Unlawful use of wine spirits not tax- paid–Any person using wine spirits or other spirits Which have not been tax-paid in fortifying wine Otherwise than as provided for in this act, shall be guilty of a misdemeanor, and shall, On conviction thereof, be punished for each offense by a fine Of not more than two thousand dollars, and for every Of- fense other than the first also by imprisonment for not more than one year. (Oct. 1, 1890, c. 1244, § 48, 26 Stat. 623.) See § 61.14c. § 6l. 18. Recovery of wine spirits from forti- fied wines—Wine Spirits used in fortifying wines may be recovered from such wines only on the premises Of a duly authorized grape brandy distiller, and for the purpose of such recovery wine so fortified may be received as material on the premises of such a dis- tiller, on a special permit of the collector of internal revenue in whose district the distillery is located ; and the distiller will be held to pay the tax on the product from Such Wines as will include both the alcoholic strength therein produced by the fermenta- tion Of the grape juice and that Obtained from the added distilled wine Spirits: Provided, That when ap- plication for such special permit for redistillation, shall be made by the producer of any wines fortified with brandy subject to the tax of 55 cents per proof gallon, before such wine shall have been moved from the premises of the Winery where fortified and the redistillation is had under regulations made by the Commissioner of Internal Revenue, with the approval Of the Secretary of the Treasury, an abatement or refund of the tax assessed against said producer shall be allowed equivalent to 55 cents per proof gallon of brandy contained in Said Spirits at the time of re- distillation, which amount of brandy shall be as- certained by the Commissioner of Internal Revenue, under regulations approved by the Secretary of the Treasury, and Wine Spirits SO recovered may be used in the manner provided by law for the fortification of Other Wine: Provided, That Such wine Spirits On Which abatement Or refund Of tax is allowed shall Inot exceed the total amount Of alcohol in such Wine Over and above fourteen per centum thereof. (Oct. 1, 1890, c. 1244, § 49, 26 Stat. 623, amended June 7, 1906, c. 3046, § 2, 34 Stat. 215, and Oct. 22, 1914, c. 331, § 2, 38 Stat. 749.) See §§ 6089, 6091, 6111. § 6119. Special gaugers for supervision of fortification of wines—[The Commissioner of Inter- nal Revenue is hereby authorized to assign at each. winery where wines are to be fortified such number of gaugers or storekeeper gaugers, in the capacity Of gaugers, for Special duties as may be necessary for the proper supervision of the making and fortifying Of Such wines, and the COmpensation of Such Officers shall not exceed $5 per diem while so assigned, to- gether with their actual and necessary traveling ex- penses, and also a reasonable allowance for their board bills, to be fixed by the Commissioner of Inter- nal Revenue, but not to exceed $2 per diem for said board bills.] That bonds hereafter given under the provisions of the aforesaid Act of October first, eight- een hundred and ninety, as amended, shall be condi- tioned for the paylment Of the tax on all brandy re- 3 6119 (Tit. 35 INTERNAL REVENUE IIPage 968] moved thereunder and not used and accounted for within the time and in the manner required by law and regulations, and for the payment of all taxes im- posed. On the brandy SO withdrawn and used for forti- fications; and the said bonds shall contain such other Conditions as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation prescribe. (June 7, 1906, c. 3046, § 3, 34 Stat. 216, amended, Oct. 22, 1914, c. 331, § 2, 38 Stat. 750.) Text in brackets superseded by § 61.14d. And see §§ 61.14, 6115. - - § 6120. Fermenting vats for manufacture of wines, or of brandy for fortifieation—Where brandy to be used in the fortification of wine is dis- tilled on premises adjacent to the Winery premises the Commissioner of Internal Revenue may, in his discretion, authorize the erection. On either of Said premises of fermenting vats for material to be used either in the manufacture Of Such Wines Or the brandy to be used in the fortification thereof; and all such materials used or received. On either of said premises shall be under the Supervision of the Officer assigned to such winery, and shall be accounted for at such times and in such manner as the Commission- § may direct. (June 7, 1906, c. 3046, § 4, 34 Stat. 216.) - - § 6121. Remission of tax on grape brandy ac- eidentally destroyed—The provisions Of Sections thirty-two hundred and twenty-One and thirty-two hundred and twenty-three of the Revised Statutes of the United States, as amended by an Act approved March first, eighteen hundred and seventy-nine, are hereby extended to grape brandy withdrawn for use in the fortification of sweet wines, and which, prior to Such use, is accidentally destroyed by fire or other Casualty while stored in the fortifying room. On the Yºry premises. (June 7, 1906, c. 3046, § 5, 34 Stat. 'R. S. §§ 3221, 3223, are $$ 5945, 5946. § 6122. Unlawful recovery of spirits from for- tified wines; blending fortified wines—Any person who by any process recovers from Wines fortified under the provisions of the aforesaid Act approved October first, eighteen hundred and ninety, as amend- ments thereto, any brandy Or wine Spirits used in the manufacture or fortification of said wine, otherwise than is provided for in said Act and its amendments, or who shall rectify, mix, or compound with distilled spirits or other materials, except as provided in this Act, Such grape brandy, fortified wines or wine Spirits unlawfully recovered therefrom, shall, on conviction, be punished for each such offense by a fine of not less than $200 nor more than $1,000. But the provi- Sions of this section and the provisions of Section thirty-two hundred and forty-four Of the Revised Statutes of the United States, as amended, relating to rectification, or other internal revenue laws of the United States, shall not be held to apply to or pro- hibit the mixing or blending of pure sweet Wines fortified under the provisions of this Act with each other or with other wines: Provided, That the pure Sweet wines fortified under the provisions of this Act may be used in the manufacture of cordials, liqueurs, and similar Compounds on which an inter- nal revenue tax of 24 cents a gallon is imposed, and otherwise the provision of section thirty-two hundred and forty-four of the Revised Statutes of the United States shall remain in full force and effect. (June 7, 1906, c. 3046, § 6, 34 Stat. 216, amended, Oct. 22, 1914, c. 331, § 2, 38 Stat. 750.) + R. S. § 3244, is § 5971. § 6123. Tax on alcoholic compounds from Por- to Rico–Upon bay rum, or any article containing al- cohol, hereafter brought from Porto Rico into the TJnited States for consumption or sale there shall be paid a tax. On the Spirits Contained therein of one dollar and ten CentS per proof gallon, to be collected at the port of entry by the collector of internal reve- nue of the district in which the port is located. The necessary to carry this Act into effect. commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby author- ized to make such rules and regulations as may be (Feb. 4, 1909, C. 65, 35 Stat. 594.) - - Tax on imported merchandise, see § 3749. § 6124. Drawback on distilled spirits—Distilled Spirits upon which all taxes have been paid may be exported, with the privilege of drawback, and in dis- tillers' original casks, packages containing not less than twenty wine-gallons each, on application of the owner thereof to the collector of customs at any port Of entry, and under such rules and regulations, and after making such entry as may be prescribed by law and by the Secretary of the Treasury. The entry for such exportation shall be in triplicate, and shall con- tain the name of the person applying to export, the name of the distiller, the name of the district in which the Spirits were distilled, the name of the Ves- sel by which, and the name of the port to which, they are to be exported ; and the form of the entry shall be as follows: Export Entry of Distilled Spirits Entitled to Draw- back. Entry of spirits distilled by , in district, State of , to be exported by , in the – , whereof — is master, bound to And the entry shall specify the whole number of Casks Or packages the marks and serial numbers thereon, the quality or kind of spirits as known in COmmerce, the number of gauge or wine gallons and Of proof-gallons; and the amount of the tax on such Spirits shall be verified by the oath of the owner of the Spirits, and that the tax has been paid thereon, and that they are truly intended to be exported to the port of , and not to be relanded within the limits Of the United States. One bill Of lading, duly signed by the master of the vessel, shall be deposited with said collector, to be filed at his office with the entry retained by him. One Of Said entries shall be, when the shipment is completed, transmitted to the Secretary of the Treasury, to be recorded and filed in his office. The lading on board said vessel shall be only after the receipt of an order or permit signed by the collector of customs and directed to a Customs gauger, and after each cask or package shall have been distinctly marked or branded by said gauger as follows: “For export from U. S. A.,” and the tax- paid stamps thereon obliterated. The casks Or pack- ages shall be inspected and gauged alongside Of Or on the vessel by the gauger designated by Said COl- lector, under such rules and regulations as the Sec- retary of the Treasury may prescribe; and On ap- plication of the said collector it shall be the duty of the surveyor of the port to designate and direct One of the custom-house inspectors to superintend Such shipment. And the gauger aforesaid shall make a full return of such inspection and gauging in Such form as may be prescribed by the Secretary Of the Treasury, showing by whom each cask of such Spirits was distilled, the serial number of the cask, and of the tax-paid stamp attached thereto, the proof and quantity of such spirits as per the original gauge. mark on each cask, and the quantity in proof and wine gallons as per the gauge then made by him. And said gauger shall certify On Such return that the shipment has been made in his presence, On board the vessel named in the entry for export, Which re- turn shall be indorsed by Said custom-house inspector certifying that the casks or packages have been Ship- ped under his supervision on board said vessel, and the tax-paid stamps obliterated and the Said inspector shall make a similar certificate to the Suryeyor Of the port, indorsed on or to be attached to the entry in possession of the custom-house. A drawback shall be allowed upon distilled spirits on Which the tax has been paid and exported to foreign Countries, under Ch. 4) 3 6126 INTERNAL REVENUE IPage 9691 the provisions of this act, when exported as herein provided for. The drawback allowed shall include the taxes levied and paid upon the distilled Spirits exported, (at the rate of ninety cents per proof-gal- lon) as per last gauge of Said spirits prior to ex- portation and shall be due and payable only after the proper entries have been made and filed, and all oth- er COnditions Complied with as hereinbefore required, and On filing with the Secretary of the Treasury the proper claim, accompanied by the certificate of the Collector of customs at the port of entry where the Spirits are entered for export, that such spirits have been received into his custody and the tax-paid stamps thereon obliterated; and the Secretary of the Treasury shall prescribe such rules and regulations in relation thereto as may be necessary to Secure the Treasury of the United States against frauds: Pro- vided, That the drawback on spirits distilled prior to August One, eighteen hundred and seventy-two, shall not exceed sixty cents per proof-gallon. (R. S. § 3329, amended, May 28, 1880, c. 108, § 10, 21 Stat. 148.) § 6125. Exportation of distilled spirits with- drawn from bonded warehouses—Distilled spirits may be withdrawn from distillery bonded warehous- es, at the instance of the owner of the spirits, for exportation in the Original casks, or packages, with- Out the payment Of tax, under such regulations, and after making Such entries and executing and filing with the collector of the district from which the re- moval is to be made such bonds and bills of lading, and giving such other additional security as may be prescribed by the Commissioner of Internal Reve- nue, with the approval of the Secretary of the Treas- ury: Provided, That bonds given under this section shall be canceled under such regulations as the Sec- retary of the Treasury shall prescribe: And provid- ed further, That the bonds required to be given for the exportation of distilled Spirits shall be canceled upon the presentation of Satisfactory proof and cer- tificates that said distilled spirits have" been landed at the port of destination named in the bill of lading or upon satisfactory proof that after shipment "the same were lost at Sea without fault or neglect Of the Owner or shipper thereof. All distilled spirits intended for export, as afore- said, before being removed from the distillery ware- house, shall be marked as the Commissioner of In- ternal Revenue may prescribe, and shall have af- fixed to each cask an engraved stamp indicative of such intention, to be provided and furnished by the several collectors as in the case of other stamps, and to be charged to them and accounted for in the same manner, and for the expense attending the providing and affixing such stamps [twenty-five] cents for each package so stamped shall be paid to the collector on making the entry for such transportation. When the Owner Of the Spirits shall have made the proper en- tries, filed the bonds, and otherwise complied with all the requirements of the law and regulations as here- in provided, the collector shall issue to him a permit for the removal and transportation of said spirits to the collector of the port from which the same are to be exported, accurately describing the spirits to be shipped, the amount of tax thereon, the State and district from which the same is to be shipped, the name of the distiller by whom distilled, the port to which the same are to be transported, the name of the collector of the port to whom the spirits are to be consigned, and the routes over which they are to be Sent to the port of shipment. Such shipment shall be made over bonded routes whenever practicable. The collector of the port shall receive such spirits, and permit the exportation thereof, under the same rules and regulations as are prescribed for the ex- portation of Spirits upon which the tax has been paid. And every person who fraudulently claims, or seeks, or obtains an allowance of drawback on any distilled Spirits, or fraudulently claims any greater allowance or drawback than the tax actually paid thereon, shall forfeit and pay to the Government of the United States triple the amount wrongfully and fraudulently sought to be obtained, and shall be im- prisoned not more than ten years; and every Owner, agent, or master of any vessel or other person who knowingly aids or abets in the fraudulent Collection Or fraudulent attempts to collect any drawback up- on, or knowingly aids or permits any fraudulent change in the spirits so shipped, shall be fined not exceeding five thousand dollars and imprisoned not more than one year, and the ship or vessel. On board of which such shipment was made or pretended to be made shall be forfeited to the United States, whether a conviction of the master or owner be had or oth- erwise, and proceedings may be had in admiralty by libel for Such forfeiture. \ - Every person who intentionally relands within the jurisdiction of the United States any distilled Spir- its which have been shipped for exportation under the provisions of this act, or who receives such re- landed distilled spirits, and every person who aids Or abets in such relanding or receiving of such spirits, Shall be fined not exceeding five thousand dollars, and imprisoned not more than three years; and all distilled Spirits so relanded, together with the ves- Sel from which the same were relanded within the ju- risdiction of the United States, and all boats, ve- hicles, horses, or other animals used in relanding and removing such distilled Spirits, shall be forfeited to the United States. (R. S. § 3330, amended, May 28, 1880, c. 108, § 11, 21 Stat. 148.) - Text in brackets superseded by § 6127. § 6126. Transportation bond on withdrawal of distilled spirits from warehouse for export; bond—Whenever the Owner Or owners of distilled Spirits shall desire to Withdraw the same from any distillery bonded Warehouse for exportation under existing law, such owner or owners may at their op- tion, in lieu of executing an export bond as now pro- Vided by law, give a transportation bond with Sureties Satisfactory to the collector of internal revenue, and under such rules and regulations as the Secretary of the Treasury may prescribe, conditioned for the due delivery thereof on board ship at a port of exportation to be named therein; and for the due performance On the part of the exporter Or owner at the port of eXport Of all the requirements in regard to notice of export, entry, and the giving of bond hereinafter Specified ; and in such case, on arrival of the Spirits at the port of export, the exporter Or Owner at that port shall immediately notify the collector of the port of the fact, setting forth his intention to export the Same, and the name of the vessel upon which the same are to be laden, and the port to which they are intend- ed to be exported. He shall, after the quantity of Spirits has been determined by the gauger and inspec- tor, file with the collector of the port an export-entry Verified by his oath or affirmation. He shall also give bond to the United States, with at least two sureties, Satisfactory to the Collector of customs, conditioned that the principal named in said bond will export the Spirits as Specified in said entry to the port designat- ed in said entry, or to some other port without the jurisdiction of the United States. And upon the lad- ing of such spirits, the collector of the port, after proper bonds for the exportation. Of the same have been completed by the exporter or Owner at the port of shipment thereof, shall transmit to the Collector of internal revenue of the district from which the said spirits were withdrawn for exportation, a clearance certificate and a detailed report of the gauger, which report shall show the CapaCity of each cask in wine- gallons, and the contents thereof in wine-gallons, proof-gallons and taxable gallons. Upon receipt of the Certificate and report, and upon payment of tax on deficiency, if any, the CollectOr Of internal revenue shall cancel the transportation bond. The bond re- quired to be given for the landing at a foreign port of 3 6127 (Tit. 35 INTERNAL REVENUE IPage 970] distilled spirits shall be cancelled upon the presenta- tion of satisfactory proof and certificates that said distilled spirits have been landed at the port of des- tination named in the bill of lading or any other port Without the jurisdiction of the United States or upon Satisfactory proof that after shipment the same were lost at sea without fault or neglect of the owner or Shipper thereof. And whenever a distiller of spirits in bond shall desire to change the packages in which the Same is contained in order to export them, the Com- missioner of Internal Revenue shall be authorized, under regulations to be prescribed by him, and upon the execution of proper bonds with Sufficient Sureties to permit the withdrawal of so much spirits from bond and in new packages as the distiller shall desire to export as aforesaid. (June 9, 1874, c. 259, § 1, 18 Stat. 64, amended, March 1, 1879, c. 125, § 10, 20 Stat. 342.) § 6127. Expense of stamps for casks for ex- portation—On and after the first day of July, eight- een hundred and seventy-four, for the expense of pro- Viding and affixing the stamps to each cask containing Ólistilled spirits for exportation, there shall be charged ten Cents for each stamp instead of twenty-five cents as now required by law. (June 9, 1874, c. 259, § 2, 18 Stat. 64.) See § 6125. § 6127a. Transfer in tanks or tank cars for export—That under such regulations as the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, alcohol or other distilled spirits of a proof strength of not less than one hundred and eighty degrees intended for export free of tax may be drawn from receiving cisterns at any distillery or from storage tanks in any distillery Warehouse, for transfer to tanks or tank Cars for export from the United States, and all pro- Visions of existing law relating to the exportation of distilled spirits not inconsistent herewith shall apply to Spirits removed for export under the provisions of this Act. (Sept. 8, 1916, c. 463, § 403, 39 Stat. 788.) § 6128. §§elease of distillery before judgment —No distillery nor distilling-apparatus seized for any Violation of law shall be released to the claimant Or to any intervening party before judgment, except in case of a distillery for which bond has been given and which has a registered producing capacity of one hun- dred and fifty proof-gallons or more per day, On showing, by sufficient affidavits, that there are hogs or other live. Stock, not less than fifty head in number, depending for their feed. On the products of Said dis- tillery, which would suffer injury if the business of such distillery is stopped. Such distillery, in that case, may be released to the claimant, or to any other intervening party, at the discretion of the court, on a bond to be given and approved in open Court, With two or more Sureties, for the full appraised value of all the property seized, to be ascertained by three com- petent appraisers designated and appointed by the court. (R. S. § 3331.) § 6129. I estruction of distillery; witnesses; reimbursement—When a judgment of forfeiture, in any case of seizure, is recovered against any distillery used or fit for use in the production of distilled Spirits, because no bond has been given, or against any dis- tillery used or fit for use in the production of spirits, having a registered producing capacity of less than one hundred and fifty gallons a day, for any Violation of law, of whatever nature, every still, doubler, Worm, worm-tub, mash-tub, and fermenting-tub therein Shall be so destroyed as to prevent the use of the Same or of any part thereof for the purpose of distilling; and the materials shall be sold as in case of other for- feited property. And in case of Seizure of a still, doubler, worm, worm-tub, mash-tub, fermenting-tub, or other distilling apparatus, having a less producing capacity than one hundred and fifty gallons per day, for any offense involving forfeiture of the Same, where said apparatus shall be of less than five hun- dred dollar's value, and where it shall be impractica- ble to remove the same to a place of safe storage from the place where seized, the seizing officer is authorized to destroy the same only so far as to prevent the use thereof, or any part thereof, for the purpose of dis- tilling: Provided, That such destruction shall be in the presence of at least One credible witness, and that such witness shall unite with the said officer in a duly SWOrn report of said seizure and destruction, to be made to the Commissioner of Internal Revenue, in which report they shall set forth the grounds of the Claim of forfeiture, the reasons for such seizure and destruction, their estimate of the fair cash value of the apparatus destroyed, and also of the materials remaining after such destruction, and a statement that, from facts within their own knowledge, they have no doubt whatever that said distilling apparatus Was Set up for use and not registered, or had been used in the unlawful distillation of spirits, and that it was impracticable to remove the same to a place of Safe storage. Within One year after Such destruction the owner of the apparatus so destroyed may make application to the Secretary of the Treasury, through the Commissioner of Internal Revenue, for reimburse- ment Of the value of the same ; and unless it shall be made to appear to the Satisfaction of the Secretary and the Commissioner that said apparatus had been used in the unlawful distillation of spirits, the Secre- tary. Shall make an allowance to said owner, not ex- Ceeding the value of said apparatus, less the value of said materials as estimated in said report; and if the claimant shall thereupon satisfy said Secretary and Commissioner that said unlawful use of the appara- tus had been without his Consent or knowledge, he shall still be entitled to Such compensation, but not otherwise. And in case of a wrongful séizure and de- struction of property under the foregoing provisions, the owner thereof shall have right of action on the Official bond Of the Officer who occasioned the destruc- tion for all damages caused thereby. (R. S. § 3332, amended, March 1, 1879, c. 125, $ 5, 20 Stat. 339.) § 6.130. Burden of proof on claimant of spir- its seized—Whenever seizure is made of any distilled spirits found elsewhere than in a distillery or dis- tillery warehouse, or other warehouse for distilled Spirits authorized by law, or than in the store Or place of business of a rectifier, or of a wholesale liquor-dealer, or than in transit from any One of Said places; or of any distilled spirits found in any one of the places aforesaid, or in transit therefrom, which have not been received into Or sent out therefrom in conformity to law, or in regard to which any of the entries required by law to be made in the books Of the owner of such spirits, or of the store-keeper, wholesale dealer, or rectifier, have not been made at the time or in the manner required, Or in respect to which the owner or person having possession, control, or charge of said spirits, has omitted to do any act required to be done, or has done or committed any act prohibited in regard to said spirits, the burden of proof shall be upon the claimant of said Spirits to show that no fraud has been Committed, and that all the requirements of the law in relation to the pay- ment of the tax have been complied with. (R. S. § 3333.) +. § 6,131. Spirits sold under judicial process subject to tax; sale of spirits for taxes—All dis- tilled spirits forfeited to the United States, sold by order of court, or under process of distraint, shall be sold subject to tax; and the purchaser shall imme- diately, and before he takes possession of Said Spir- its, pay the tax thereon. And any distilled Spirits heretofore condemned, and now in the possession of the United States, shall be sold as herein provided. If any tax-paid stamps are affixed to any cask or package so condemned, such stamps shall be obliterat- ed and destroyed by the collector or marshal after forfeiture, and before such sale. Provided: That in all cases wherein it shall appear that any distilled Ch. 4) 3 6136 INTERNAL REVENUE [Page 97.11 spirits offered for sale on distraint for taxes, where the taxes, on such spirits have not been paid, or Of- fered for sale for the benefit of the United States as forfeited spirits under Order of court or under pro- ceeding pursuant to section thirty-four hundred and sixty of the Revised Statutes, will not, by reason of such spirits being below proof, being a price equal to the tax due and payable thereon, but will bring a price equal to, or greater than, the tax on said Spir- its, COmputed Only upon the proof-gallons Contained in the packages, without regard to the greater num- ber of wine-gallons contained therein, then, and in Such Case, upon sale being so made, tax-paid stamps to the amount required to stamp such spirits as if the tax thereon were only on the proof-gallons there- Of, may, under such rules and regulations as the Com- missioner of Internal Revenue shall prescribe, be us- ed by the Collector making such sale, or furnished by a collector to a United States marshal, or to any oth- er government officer making such sale for the bene- fit of the United States, without making payment for Said stamps so used or delivered. Any collector using or furnishing stamps in manner aforesaid, on presenting vouchers satisfactory to the Commission- er . Of Internal Revenue, shall be allowed Credit for the same in settling his stamp account with the de- partment. In such cases, the officer selling the dis- tilled spirits shall affix, or cause to be affixed, to the same the tax paid stamps so provided, and shall Write across the face of such stamps the true num- ber of proof and wine gallons contained in the pack- age, the amount of tax actually paid thereon, and al- SO the words “Affixed under provisions of aet of 1879” (inserting the date of the approval of this act). (R. S. § 3334, amended, March 1, 1879, c. 125, § 5, 20 Stat. 340.) - R. S. § 3460, is § 6362. § 6132. Denatured alcohol free of tax—From and after January first, nineteen hundred and seven, domestic alcohol of such degree of proof as may be prescribed by the Commissioner of Internal Revenue, and approved by the Secretary of the Treasury, may be withdrawn from bond without the payment of internal-revenue tax, for use in the arts and indus- tries, and for fuel, light, and power, provided said alcohol shall have been mixed in the presence and Under the direction Of an authorized Government Officer, after withdrawal from the distillery ware- house, with methyl alcohol or other denaturing ma- terial or materials, or admixture of the same, suita- ble to the use for which the alcohol is withdrawn, but which destroys its character as a beverage and renders it unfit for liquid medicinal purposes ; such denaturing to be done upon the application of any registered distillery in denaturing bonded warehous- es specially designated or set apart for denaturing purposes only, and under conditions prescribed by the Commissioner of Internal Revenue with the ap- proval of the Secretary of the Treasury. The character and quantity Of the Said denaturing material and the conditions upon which said alcohol may be withdrawn free of tax shall be prescribed by the Commissioner of Internal Revenue, who shall, with the approval of the Secretary of the Treasury, make all necessary regulations for carrying into ef- fect the provisions of this Act. Distillers, manufacturers, dealers and all other persons furnishing, handling or using alcohol with- drawn from bond Ulnder the provisions Of this Act Shall keep Such books and records, execute such bonds and render such returns as the Commissioner of In- ternal Revenue, with the approval of the Secretary Of the Treasury, may by regulation require. Such books and records shall be Open at all times to the inspection of any internal-revenue officer , or agent. (June 7, 1906, c. 3047, § 1, 34 Stat. 217.) - § 6133. Same—Notwithstanding anything contain- ed in the Act entitled “An Act for the withdrawal from bond tax free of domestic alcohol when render- ed unfit for beverage or liquid medicinal uses by mix- ture with suitable denaturing materials,” approved June seventh, nineteen hundred and six, domestic alcohol. When Suitably denatured may be withdrawn from bond Without the payment of internal-revenue tax and used in the manufacture Of ether and chlo- roform and other definite chemical substances where said alcohol is changed into some other chemical sub- Stance and does not appear in the finished product as alcohol: Provided, That rum of not less than one hundred and fifty degrees proof may be withdrawn, for denaturation only, in accordance with the provi- Sions Of Said Act of June seventh, nineteen hundred and Six, and in accordance with the provisions of this Act. (March 2, 1907, c. 2571, § 1, 34 Stat. 1250.) Act June 7, 1906, c. 3047, is § 6136. § 6134. Central dematuring bonded warehous- es—The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may au- thorize the establishment of central denaturing bond- ed Warehouses, other than those at distilleries, to Which alcohol of the required proof may be transfer- red from distilleries or distillery bonded warehouses Without the payment of internal-revenue tax, and in Which Such alcohol may be stored and denatured. The establishment, operation, and custody of such Warehouses shall be under such regulations and upon the execution of such bonds as the Commissioner of Internal Revenue, with the approval of the Secretary Of the Treasury, may prescribe. (March 2, 1907, c. 2571, § 2, 34 Stat. 1250.) - § 6135. Transfer of alcohol for denaturation from distilleries to warehouses or central plants —Alcohol of the required proof may be drawn off, for denaturation only, from receiving cisterns in the cis- tern room of any distillery for transfer by pipes di- rect to any denaturing bonded warehouse on the dis- tillery premises or to closed metal storage tanks sit- uated in the distillery bonded warehouse, or from Such Storage tanks to any denaturing bonded ware- house On the distillery premises, and denatured al- Cohol may also be transported from the denaturing bondéd Warehouse, in such manner and by means of Such packages, tanks or tank cars, and on the exe- Cution of Such bonds, and under such regulations as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, may pre- Scribe. And further, alcohol to be denatured may be Withdrawn without the payment of internal-revenue tax from the distillery bonded warehouse for ship- ment to central denaturing plants in such packages, tanks and tank Cars, under such regulations, and on the execution of such bonds as may be prescribed by the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury: - Provided, That where alcohol is withdrawn from a distillery warehouse for shipment to a central de- naturing bonded Warehouse under the provisions of this Act it shall be lawful under such rules, regula- tions, and limitations as shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for an allowance to be made for leakage or loss by any accident, and without any fraud or negligence of the distiller, own- er, carrier,” or their agents Or employés, occurring during transportation from a distillery warehouse to a central denaturing bonded warehouse. (March 2, 1907, c. 2571, § 3, 34 Stat. 1250, amended June 22, 1916, c. 163, 39 Stat. 233.) § 6136. Unlawful use of alcohol withdrawn- Any person who withdraws alcohol free of tax under the provisions of this Act and regulations made in pursuance thereof, and Who removes or conceals same, or is concerned in removing, depositing or concealing same for the purpose Of preventing the Same from being dematured under governmental supervision, and any person Who uses alcohol withdrawn from bond under the provisions of section one of this Act for manufacturing any beverage or liquid medicinal prep- & 6137 (Tit. 35 INTERNAL REVENUE [Page 972.] aration, or knowingly sells any beverage or liquid medicinal preparation made in whole or in part from such alcohol, or knowingly violates any of the provi- sions of this Act; or who shall recover Or attempt to recover by redistillation or by any other process or means, any alcohol rendered unfit for beverage Or liquid medicinal purposes under the provisions of this Act, or who knowingly uses, sells, Conceals, Or other- wise disposes of alcohol so recovered or redistilled, shall on conviction of each offense be fined not more than five thousand dollars, or be imprisoned not more than five years, or both, and shall, in addition, forfeit to the United States all personal property used in connection with his business, together with the build- ings and lots or parcels of ground constituting the premises on which said unlawful acts are performed or permitted to be performed : Provided, That manu- facturers employing processes in which alcohol, used free of tax under the provisions of this Act, is express- ed or evaporated from the articles manufactured, shall be permitted to recover such alcohol and to have SUICh. alcohol restored to a condition suitable Solely for rellSe in manufacturing processes under such regulations as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, shall pre- Scribe. (June 7, 1906, c. 3047, § 2, 34 Stat. 217.) § 6137. Manufacture of alcohol free of tax for denaturation—Subsection 2. From and after the first day of January, nineteen hundred and fourteen, under such regulations as the Commissioner of Inter- nal Revenue, with the approval of the Secretary Of the Treasury may prescribe, any farmer or associa- tion of farmers, any fruit grower or association Of fruit growers, or Other perSOn Or perSOnS may manu- facture alcohol free of tax for denaturization Only, Out of any of the products of farms, fruit orchards, or any substance whatever, on condition that such alcohol shall be directly conveyed from the still by continuous closed pipes to locked and sealed receptacles in Which the same may be rendered unfit for use as an intoxi- cating beverage by an admixture of such denaturing materials as the Commissioner of Internal ReVenue, with the approval of the Secretary of the Treasury, may prescribe, or where such alcohol is of insufficient proof to be denatured, the same may be transferred in bond from Such locked and Sealed receptacles to a central distilling and denaturing plant as hereinaft- er provided. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may au- thorize the establishment Of Central distilling and de- naturing plants to which alcohol produced under the provisions of this Act, free of tax, may be transferred, redistilled and denatured under such regulations, and upon the execution of such notices and bonds as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. Any central distilling and denaturing plant provided for in section two of this Act may, in addition to the Spirits produced under section One of this Act, use any of the products of farms, fruit Orchards, or any sub- stance whatever, for the manufacture Of alcohol for de- naturation only: Provided, That at such distilleries the use of cisterns or tanks of such size and construc- tion as may be deemed expedient shall be permitted in lieu of distillery bonded Warehouses under such rules and regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. Any person who under the provisions of this Act shall fail to register, or shall falsely register, any still or distilling apparatus used by him, or who shall fraudulently remove or conceal any distilled spirits produced by him, or who shall fail to comply with all the requirements of this Act, or any regulations is- sued pursuant thereto, respecting the production and denaturization of distilled spirits; and any person who shall recover or attempt to recover by redistilliza- tion or by any other process or means, any distilled spirits after the same has been denatured, shall, On conviction, for each offense, be fined not more than $5,000 or be imprisoned for not more than five years, or both, and shall in addition thereto forfeit to the United States all real and personal property used in COnnection theiſewith. Subsection two of section thirty-two hundred alld forty-four of the Revised Statutes of the United States shall not apply to stills and worms manufactured for use in distilling, provided for in section one of this Act, but the manufacturer or owner of such distilling apparatus shall give notice to the collector of internal revenue of the district in which the said apparatus is made Or to which it is removed, of each still, Or WOrm, manufactured, sold, used, or exchanged under Such, regulations as the Commissioner of Internal ReVenue, with the approval of the Secretary of the Treasury, may presCribe. Section four of the Act of March second, nineteen hundred and seven, amendatory of the Act of June Seventh, nineteen hundred and six, is hereby repeal- ed, and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall ex- empt distillers Operating under this Act from the pro- Visions of Sections thirty-two hundred and eighty- three and thirty-three hundred and nine of the Revised Statutes of the United States, and from such other provisions of existing laws relating to distilleries, in- cluding the giving of bonds, as may be deemed ex- pedient by said officials: Provided, however, That the Commissioner of Internal Revenue shall assess and col- lect the tax on any spirits unlawfully produced or prodticed and not accounted for by any such distiller. (Oct. 3, 1913, c. 16, § IV, N, subsec. 2, 38 Stat. 199.) R. S. § 3244, is §§ 5971, 6024. R. S. § 3309, is § 6089. And see § 6132. * Chapter Five—Fermented Liquors Sec. 6138. Gallon defined. 6139. Brewer’s notice of business. 61:40. Brewer’s bond; renewals. § s . 6141. Brewer’s books and monthly statement. 6142. Same; monthly verification of entries. 6143. Tax; fractional parts of barrel. ''. 6144. Same; cancellation of stamps. - 6144a. Same; tax increased. 6144b. Same; additional tax. 6145. Materials used not assessed; fraud; evidence. 6146. Evading tax; false entries. 6147. Stamps; Supply and sale. 6148. sº procuring, affixing, and canceling; fraud or neg- ect. 6149. Selling, removing, or buying in packages without stamp, Or false Stamp, or twice-used stamp. 6150. Drawing from package without stamp, or with false Stamp, Or without defacing. 6151. Removal for storage without stamps. 6151a. Removal of to contiguous industrial distilleries for dis- tilling Without paying tax; residuum; supervision and regulations. 6152. Exportation of liquors in bond; drawback. 6153. Making, selling, or using false stamps or dies; remov- ing Stamps, and using removed stamps. 6154. Sour malt, liquors, removable in peculiar packages, Without stamps. 6155. Rººs at brewery, affixing stamps and keeping ac- COllrlt. - 6156. Marking name of manufacturer on packages; removing marks. 6157. Pºſt for business at another place on account of ac- C1C16Ill. 6158. Unfermented worts sold to other brewers. 6159. Possession of liquor, after removal from warehouse, When tax not paid; forfeiture. * 6160. Removal or defacement of stamps by others than owner. 6161. Withdrawing from unstamped packages for bottling or bottling on brewery premises; & withdrawal by pipe line; regulations; penalties; forfeitures. § 6138. Gallon defined—The word “gallon,” wherever used in the internal-revenue law, relating to beer, lager-beer, ale, porter, and other similar fer- mented liquors, shall be held and taken to mean a Wine-gallon, the liquid measure containing two hun- dred and thirty-one cubic inches. (March 1, 1879, c. 125, § 21, 20 Stat. 351.) Üh. 5) 3 6144a (400) INTERNAL REVENUE) [Page 973] § 6139. Brewer’s notice of business—Every brewer shall, before Commencing Or Continuing busi- ness, file with the collector, or proper deputy collector, of the district in which he designs to Carry it on a notice in writing, stating the name of the person, com- pany, COrporation, Or firm, the names Of the members of any such company or firm, the places of residence of such persons, a description of the premises on which the brewery is situated, and of his Or their title thereto, and the name of the owner thereof. (R. S. § 3335.) § 6140. Brewer’s bond; renewals—Every brew- er, on filing notice as aforesaid of his intention to Commence or continue business, shall execute a bond to the United States, to be approved by the Collector of the district, in a Sum equal to three times the amount of the tax which, in the Opinion of the Collec- tor, said brewer will be liable to pay during any One month, and conditioned that he shall pay, Or cause to be paid, as herein provided, the tax required by law on all beer, lager beer, ale, porter, and other fer- mented liquors made by or for him, before the same is sold or removed for consumption or sale, except as hereinafter provided ; and that he shall keep, or cause to be kept, a book, in the manner and for the purposes hereinafter specified, which shall be open to inspec- tion by the proper officers, as by law required; and that he shall in all respects faithfully comply, with- Out fraud Or evasion, with all requirements of law relating to the manufacture and sale of any malt liq- uors aforesaid ; and he shall execute a new bond Once in four years and whenever required so to do by said collector, in the amount above named and Conditioned as above provided, which bond shall be in lieu of any former bond or bonds of such brewer in respect to all liabilities accruing after its approval by Said Col- lector. (R. S. § 3336, amended, April 29, 1886, c. 64, 24 Stat. 15.) § 6141. Brewer’s books and monthly state- ment—Every person who owns or occupies any brew- ery, or premises used or intended to be used for the purpose of brewing or making such fermented liquors, or who has such premises under his control Or Super- intendence as agent for the owner Or occupant, Or has in his possession or custody any brewing materials, uten- sils, or apparatus, used or intended to be used. On Said premises in the manufacture of beer, lager-beer, ale, porter, or other similar fermented liquors, either as Owner, agent, or superintendent, Shall, from day to day, enter, or cause to be entered, in a book to be kept by him for that purpose, the kind Of Such malt liquors, the estimated quantity produced in barrels, and the actual quantity sold Or removed for Consump- tion or sale in barrels or fractional parts of barrels. IIe Shall also, from day to day, enter, or Cause to be entered, in a separate book to be kept by him for that purpose, an account Of all materials by him purchas- ed for the purpose Of producing such fermented liq- uOrs, including grain and malt. And he shall render to the collector, or the proper deputy Collector, On or before the tenth day of each month, a true statement, in Writing, in duplicate, taken from his books, of the estimated quantity in barrels of such malt liquors brewed, and the actual quantity Sold Or removed for consumption or sale during the preceding month; and shall verify, or cause to be verified, the said statement, . and the facts therein set forth, by Oath, to be taken be- fore the collector of the district, or proper deputy Col- lector, according to the form required by law. Said books shall be open at all times for the inspection of any CollectOr, deputy Collector, inspector, or revenue agent, Who may take memorandums and transcripts: therefrom. (R. S. § 3337.) § 6142. Same; monthly verification of entries —The entries made in such books shall, on or before the tenth day of each month, be verified by the oath of the person by whom they are made. The said oath Shall be written in the book at the end of such en- forth all the matters therein required by law; | tries, and be certified by the officer administering the Same, and Shall be in form as follows: “I do swear (Or affirm) that the foregoing entries were made by me; and that they state truly, a CCOrding to the best Of my knowledge and belief, the estimated quantity Of the Whole amount Of Stich malt liquors brewed, and the actual quantity sold, and the actual quantity re- moved, from the brewery OWI led by , in the COunty Of ; and, further, that I have no knowl- edge of any matter or thing required by law to be stated, in said entries which has been Omitted there- from.” And the owner, agent, or superintendent afore- said shall also, in case the Original entries made in his book were not made by himself, Subjoin thereto the following oath, to be taken in manner as afore- said: “I do swear (or affirm) that, to the best of my knowledge and belief, the foregoing entries fully Set and that the same are just and true; and that I have taken all the means in my power to make them so.” (R. S. § 3338.) § 6143. Tax; fractional parts of barrel- [There shall be paid on all beer, lager-beer, ale, por- ter, and other similar fermented liquors, brewed Ol' manufactured and sold, or removed for Consumption or sale, within the United States, by whatever name such liquors may be called, a tax of One dollar for every barrel containing not more than thirty-One gallons; and at a like rate for any other quantity Or for any fractional part of a barrel.] In estimating and computing such tax, the fractional parts of a barrel shall be halves, thirds, quarters, sixths, and eighths ; and any fractional part of a barrel Containing less than one-eighth shall be accounted One-eighth ; more than one-eighth, and not more than one-sixth, shall be accounted one-sixth; more than one-sixth, and not more than one-fourth, shall be accounted One-fourth ; more than one-fourth, and not more than one-third, shall be accounted one-third; more than One-third, and not more than one-half, shall be a CCOunted One- half; more than one-half, and not more than . One barrel, shall be accounted one barrel; and more than one barrel, and not more than sixty-three gallons, shall be accounted two barrels, or a hogshead. The Said tax shall be paid by the owner, agent, or Superintend- ent of the brewery or premises in which Such ferment- ed liquors are made, and in the manner and at the time hereinafter specified. (R. S. § 3339.) Text in brackets superseded by § 6144a. § 6144. Samme; cancellation of stamps—[There shall be paid on all beer, lager beer, ale, porter, and Other similar fermented liquor, brewed Or manufac- tured and sold, or stored in Warehouse, Or removed for consumption or sale, within the United States, by whatever name such liquors may be called, in lieu of the tax now imposed by law, a tax of One dollar for every barrel Containing not more than thirty-One gal- lons; and at a like rate for any other quantity or for any fractional part of a barrel, as authorized and defined by section thirty-three hundred and thirty- nine Of the Revised Statutes Of the United States:] Provided, That in lieu of or in addition to the pres- ent requirements of law in that respect all stamps used for denoting the tax upon fermented liquors or Other taxes may, in the discretion Of the Commission- er of Internal Revenue, be Canceled by perforations to be made in Such manner and form as the Commis- Sioner may, by regulations, prescribe. (June 13, 1898, c. 448, § 1, 30 Stat. 448, amended, March 2, 1901, c. 806, § 1, 31 Stat. 938, and April 12, 1902, c. 500, § 1, 32 Stat. 96.) Text in brackets superseded by § 6144a. R. S. § 3339, is 6143.4 s'éâaa. (400) Same; tax increased—That there shall be levied, collected, and paid a tax of $1.- 50 on all beer, lager beer, ale, porter, and other simi- lar fermented liquor, brewed or manufactured and Sold, or stored in warehouse, or removed for Consump- tion or sale, Within the United States, by Whatever 3 6144a (400) (Tit, 35 INTERNAL REVENUE [Page 974I name such liquors may be called, for every barrel COntaining not more than thirty-one gallons; and at a like rate for any other quantity or for the fraction- al parts of a barrel authorized and defined by law. And section thirty-three hundred and thirty-nine of the Revised Statutes is hereby amended accordingly. (Sept. 8, 1916, c. 463, § 400, 39 Stat. 783.) R. S. § 3339, is § 6143. § 6144h. Same; additional tax—On and after the passage of this Act there shall be levied and col- lected on all beer, lager beer, ale, porter, and other Similar fermented liquor, containing One-half per Centum or more of alcohol, brewed or manufactured and Sold, Or stored in warehouse, or removed for Consumption or sale, within the United States, by Whatever name such liquors may be called, in addi- tion to the tax now imposed by law, a tax of $1.50 for every barrel Containing not more than thirty-One gal- lons, and at a like rate for any other quantity or for the fractional parts of a barrel authorized and defin- ed by law. (Oct. 3, 1917, c. 63, § 307, 40 Stat. 31.1.) § 6145. Materials used not assessed; fraud; evidence—Nothing Contained in Section three thou- Sand three hundred and thirty-seven of the Revised Statutes of the United States shall be so construed as to authorize an assessment upon the quantity of materials used in producing or purchased for the purpose of producing, fermented or malt liquors, nor Shall the quantity of materials so used or purchased be evidence, for the purpose of taxation, of the quan- tity of liquor produced ; but the tax on all beer, lager-beer, ale, porter, or other similar fermented liquor, brewed or manufactured, and sold or removed for consumption or sale, shall be paid as provided in section three thousand three hundred and thirty- nine of said statutes, and not otherwise: Provided, That this act shall not apply to cases of fraud. And provided further, That nothing in this act shall have the effect to change the present rules of law respect- ing evidence in any prosecution or Suit. 1876, c. 95, 19 Stat. 53.) R. S. §§ 3337, 3339, are $$ 6141, 6143. § 6146. Evading tax; false entries—Every OWn- er, agent, or superintendent of any brewery, Vessels, Or utensils used in making fermented liquors, Who evades, or attempts to evade, the payment Of the tax thereon, or fraudulently neglects or refuses to make true and exact entry and report of the Same in the manner required by law, or to do, Or cause to be done, any of the things by law required to be done by him, Or who intentionally makes false entry in said book or in Said Statement, or knowingly allows or procures the same to be done, shall forfeit, for every such offense, all the liquors made by him or" for him, and all the vessels, utensils, and apparatus used in making the same, and be liable to a penalty Of not less than five hundred nor more than One thousand dollars, to be recovered with costs of suit, and shall be deemed guilty Of a misdemeanor, and be impris- oned for a term not exceeding one year. And every brewer who neglects to keep books, or refuses to fur- nish the account and duplicate thereof as provided by law, or refuses to permit the proper Officer to ex- amine the books in the manner provided, Shall, for every such refusal or neglect, forfeit and pay the sum of three hundred dollars. (R. S. § 3340, amended, March 1, 1879, c. 125, § 10, 20 Stat. 342.) § 6147. Stamps; missioner Of Internal Revenue shall cause to be pre- pared, for the payment of such tax, Suitable Stalmps denoting the amount of tax required to be paid. On the hogsheads, barrels, and halves, thirds, quarters, sixths, and eighths of a barrel of such fermented liq- uors (and shall also Cause to be prepared suitable permits for the purpose hereinafter mentioned), and Shall furnish the Same to the Collectors Of internal revenue, who shall each be required to keep on hand at all times a sufficient supply of permits and a sup- ply of Stamps equal in amount to two months’ sales (May 13, supply and saie-The COm- *… thereof, if there be any brewery or brewery ware- house in his district; and such stamps shall be sold, and permits granted and delivered by such collectors, Only to the brewers of their district, respectively. Such collectors shall keep an account of the number Of permits delivered and of the number and value of the Stamps sold by them to each brewer. (R. S. § 3341, amended, July 24, 1897, c. 11, § 9, 30 Stat. 206.) § 6148. Same; procuring, affixing, and cancel- ing; fraud or neglect—That every brewer shall ob- tain, from the collector of the district in which his brewery or brewery-warehouse is situated, and not Otherwise unless such collector shall fail to furnish. the same upon application to him, the proper stamps, and Shall affix, upon the spigot-hole in the head of every hogshead, barrel, keg, or other receptacle in Which any fermented liquor is contained, when sold or removed from such brewery or warehouse, (except in Case of removal under permit, as hereinafter pro- Vided,) a stamp denoting the amount of the tax re- Quired upon such fermented liquor, which stamp shall be destroyed by driving through the same the faucet through which the liquor is to be withdrawn, Or an air-faucet Of equal size, at the time the vessel is tapped, in case the vessel is tapped through the oth- er Spigot-hole, (of which there shall be but two, one in the head and one in the side,) and shall, also, at the time of affixing such stamp cancel the same by Writing or imprinting thereon the name of the per- son, firm, or corporation by whom such liquor was made, or the initial letters thereof, and the date When canceled. Every brewer who refuses or neg- lects to affix and Cancel the stamps required by law in the manner aforesaid, or who affixes a false Or fraudulent stamp thereto, or knowingly permits the Same to be done, Shall pay a penalty of one hundred dollars for each barrel or package on which Such Omission Or fraud OCCurs, and be imprisoned not more than one year. (R. S. § 3342, amended, March 3, 1875, c. 154, 18 Stat. 484.) § 6149. Selling, removing, or buying in pack- ages without stamp, or false stanap, or twice- used stamp—Whenever any brewer, cartman, agent for transportation, or other person, sells, removes, re- Ceives, or purchases, or in any way aids in the Sale, removal, receipt, or purchase, of any fermented liq- uOr COntained in any hogshead, barrel, keg, or other vessel from any brewery or brewery warehouse upon which the stamp, or permit, in case of removal, re- quired by law, has not been affixed, or on which a false or fraudulent stamp, Or permit, in Case Of re- moval, is affixed, with knowledge that it is such, or on which a stamp, or permit, in Case of removal, Once canceled, is used a second time, he shall be fined One hundred dollars and imprisoned for not more than One year. (R. S. § 3343.) - § 6150. Drawing from package without stamp, or with false stamp, or without defacing-When- ever any retail dealer, or other person, withdraws Or aids in the withdrawal of any fermented liquor from any hogshead, barrel, keg, or other vessel containing the same, without destroying or defacing the Stamp affixed thereon, or withdraws or aids in the With- drawal of any fermented liquor from any hogshead, barrel, keg, or other vessel, upon which the proper | stamp has not been affixed or on which a false Or fraudulent stamp is affixed, he shall be fined one hundred dollars and imprisoned not more than One year. (R. S. § 3344.) § 6151. Removal for storage without stamps —Any brewer may remove or transport, or Cause to be removed or transported, from his brewery or Other place of manufacture to a depot, Warehouse, or other place used exclusively for storage or sale in bulk, and occupied by him, in another part of the same Collec- tion-district, or in another collection-district, but to no other place, malt liquor of his own manufacture, known as lager-beer, in quantities of not leSS than Ch. 5) & 6158 INTERNAL REVENUE six barrels in One vessel, and malt liquor Of his Own manufacture, known as ale or porter, Or any other malt liquor of his own manufacture not heretofore mentioned, in quantities not less than fifty barrels at a time, without affixing the proper Stamps On Said vessels of lager-beer, ale, porter, or other malt liq- uor, at the brewery or place of manufacture, under a permit, which shall be granted, upon application, by the collector of the district in which said malt liquor is manufactured, and under such regulations as the Commissioner of Internal Revenue may prescribe; and thereafter the manufacturer Of Said malt liquor shall stamp the same, when it leaves Such depot Or warehouse, in the same manner and under the same penalties and liabilities as when stamped at the brewery as herein provided. And the Collector Of the district in which such depot or warehouse is situ- ated Shall furnish the manufacturer with the Stamps for stamping the same, as if the said malt liquor had been manufactured in his district. And Said permit must be affixed to every such vessel or cask so re- moved, and canceled Or destroyed in Such manner as the Commissioner of Internal Revenue may pre- scribe, and under the same penalties and liabilities as provided herein as to stamps. (R. S. § 3345.) § 6151a. Removal of to contiguous industrial distilleries for distilling without paying tax; residuum; supervision and regulations—From and after the passage of this Act taxable fermented liq- uors may be conveyed without payment of tax from the brewery premises where produced to a contigu- Ous industrial distillery of either class established under the Act of October third, nineteen hundred and thirteen, to be used as distilling material, and the residue from such distillation, containing less than One-half of One per centum of alcohol by volume, which is to be used in making beverages, may be manipulated by COOling, flavoring, Carbonating, Set- tling, and filtering on the distillery premises or else- Where. The removal of the taxable fermented liquor from the brewery to the distilléry and the Operation of the distillery and removal Of the residue therefrom shall be under the supervision of Such officer or officers as the Commissioner of Internal Revenue shall deem proper, and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby authorized to make such regulations from time to time as may be necessary to give force and effect to this section and to safeguard the revenue. (Oct. 3, 1917, c. 63, § 308, 40 Stat. 31.1.) § 6152. Exportation in bond; drawback—From and after the first day of January, eighteen hundred and ninety-One, fermented liquor may be removed from the place of manufacture, or storage, for export to a foreign country, without payment of tax, in such packages and under such regulations, and upon the giving Of Such notices, entries, bonds, and other Se- Curity, as the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury may from time to time prescribe; and no drawback of tax Shall be allowed On fermented liquor exported on and after the first day of January, eighteen hundred and ninety-One, unless entered for exportation prior to such date. (June 18, 1890, c. 432, 26 Stat. 162.) See § 6147. - § 6153. Making, selling, or using false stamps or dies; removing stamps, and using removed stamps-Every perSon who makes, sells, or uses any false or counterfeit stamp or permit, or die for print- ing or making stamps or permits, which is in imita- tion of or purports to be a lawful stamp, permit, or die of the kind before mentioned in this chapter, or Who procures the same to be done, and every person who shall remove, or cause to be removed, from any Cask or package of fermented liquors, any stamp de- noting the tax thereon, with intent to re-use such Stamp, Or who, with intent to defraud the revenue, knowingly uses, or permits to be used, any stamp re- IPage 9751 - moved from another cask or package, or receives, buys, sells, gives away, or has in his possession, any Stamp SO removed, or makes any fraudulent use Of any Stamp for fermented liquors, shall be fined not less than One hundred dollars nor more than One thousand dollars, and imprisoned not less than six months nor more than three years. (R. S. § 3346, amended, March 1, 1879, c. 125, § 5, 20 Stat. 340.) § 6154. Sour malt liquors, removable in pe- culiar packages, without stamps—When ferment- ed liquor has become sour or damaged, so as to be incapable of use as such, brewers may sell the same for manufacturing purposes, and may remove the Same to places where it may be used for such purpos- eS, in Casks, Or Other vessels, unlike those Ordinarily used for fermented liquors, containing respectively not less than One barrel each, and having the nature Of their contents marked upon them, without affixing thereon the permit, stamp or stamps required. (R. S. § 3847.) - § 6155. Retailing at brewery, affixing starmps and keeping account—Every brewer who sells fer- mented liquor at retail at the brewery or other place Where the same is made, shall affix and cancel the proper Stamps upon the hogsheads, barrels, kegs, Or Other VeSSels in which the same is contained, and Shall keep an account of the quantity so sold by him, and Of the number and size Of the hogsheads, barrels, RegS, Or other Vessels in which the same has been Contained, and shall make a report thereof, verified by oath, monthly to the collector. (R. S. § 3348.) § 6156. Marking name of manufacturer on packages; removing marks—Every brewer shall, by branding, mark or cause to be marked upon every hogshead, barrel, keg, or other vessel Containing the fermented liquor made by him, before it is sold Or removed from the brewery or brewery warehouse, or Other place of manufacture, the name of the person, firm, or corporation by whom such liquor was manu- factured, and the place of manufacture; and every person other than the owner thereof, or his agent authorized so to do, who intentionally removes or de- faces Such marks therefrom, shall be liable to a pen- alty Of fifty dollars for each cask or Other vessel from which the mark is SO removed Or defaced: Pro- vided, That when a brewer purchases fermented liq- uor finished and ready for sale from another brewer, in Order to supply the Customers of such purchaser, the purchaser may, upon written notice to the COl- lector of his intention SO to do, and under such regu- lations as the Commissioner of Internal Revenue may prescribe, furnish his own vessels, branded with his name and the place where his brewery is situated, to be filled with the fermented liquor so purchased, and to be SO removed ; the proper Stamps to be affixed and Canceled, as aforesaid, by the manufacturer before removal. (R. S. § 3349.) § 6157. Permit for business at another place on account of accident—Whenever, in the Opinion of the collector of any district, it becomes requisite or proper, by reason of an accident to any brewery therein, by fire or flood, or of Such brewery under- going repairs, or of other circumstances, that the brewer carrying on the same shall be permitted to conduct his business Wholly Or in part at some other place within such district or an adjoining district for a temporary period, it shall be lawful for such Collector, under Such regulations and subject to such limitation of time as the Commissioner Of Internal Revenue may prescribe, to issue a permit to such brewer, authorizing him to COnduct his business whol- ly or in part, according to the circumstances, at such other place, for a period to be stated in such permit; and such brewer shall not be required to pay another special tax for the purpose. (R. S. § 3350.) § 6158. Unfermented worts sold to other Threwers—When malt liquor or tun liquor, in the first stages of fermentation, known as unfermented worts, # 6159 (Tit. 35 INTERNAL REVENUE IPage 9761 of whatever kind, is sold by one brewer to another for the purpose of producing fermentation or enliven- ing old or stale ale, porter, lager-beer, or other fer- mented liquors, it shall not be liable to a tax to be paid by the seller thereof, but the tax On the same shall be paid by the purchaser thereof, when the same, having been mixed with the old or stale beer, is sold by him as provided by law, and such sale or transfer shall be subject to such restrictions and regulations as the Commissioner of Internal Revenue may pre- scribe. (R. S. § 3351.) § 6159. Possession of liquor after removal from warehouse, when tax not paid; forfeiture- The OWnership Or possession by any person Of any fermented liquor after its sale or removal from the brewery or warehouse, or other place where it was made, upon which the tax required has not been paid, shall render such liquor liable to seizure wherever found, and to forfeiture, removal under said permits excepted. And the absence of the proper stamps from any hogshead, barrel, keg, or other vessel con- taining fermented liquor, after its sale or removal from the brewery where it was made, or warehouse as aforesaid, shall be notice to all persons that the tax has not been paid thereon, and shall be prima- facie evidence of the non-payment thereof. (R. S. § 3352.) § 6160. Removal or defaeement of stamps by others than owner—Every person, other than the purchaser or Owner of any fermented liquor, Or per- son acting on his behalf, or as his agent, Who inten- tionally removes or defaces the stamp or permit af- fixed upon the hogshead, barrel, keg, or Other VeSSel, in which the same is contained, shall be liable to a fine of fifty dollars for each such vessel from which the stamp or permit is so removed or defaced, and to ren- der compensation to such purchaser or owner for all damages sustained by him therefrom. (R. S. § 3353.) - - § 6161. Withdrawing from unstamped pack- ages for bottling or bottling on brewery prem- ises; withdrawal by pipe line; regulations; pell- alties; forfeitures—Every person who withdraws any fermented liquor from any hogshead, barrel, keg, Or other vessel upon which the proper stamp has not been affixed for the purpose of bottling the same, Or who carries On Or attempts to Carry on the business of bottling fermented liquor in any brewery or other place in which fermented liquor is made, or upon any. premises having Communication with Such brewery, or any warehouse, shall be liable to a fine of $500, and the property used in such bottling or business Shall be liable to forfeiture: Provided, however, That this Section shall not be Construed to prevent the withdrawal and transfer Of unfermented, partial- ly fermented, or fermented liquors from any of the Vats in any brewery by way of a pipe line Or other Conduit to another building Or place for the SOle pur- pose of bottling the same, such pipe line or conduit to be constructed and Operated in Such manner and with such cisterns, vats, tanks, valves, cocks, faucets, and gauges, or other utensils Or apparatus, either On the premises of the brewery or the bottling house, and with such changes Of Ör additions thereto, and such locks, seals, or other fastenings, and under such rules and regulations as shall be from time to time prescribed by the Commissioner of Internal Revenue, subject to the approval Of the Secretary of the Treas- ury, and all locks and seals prescribed shall be pro- vided by the Commissioner of Internal Revenue at the expense of the United States: Provided further, That the tax imposed in Section thirty-three hundred and thirty-nine of the Revised Statutes of the United States shall be paid on all-fermented liquor removed from a brewery, to a bottling house by means of a pipe or conduit, at the time of such removal, by the cancellation and defacement, by the collector of the district or his deputy, in the presence of the brewer, of the number of stamps denoting the tax on the fer- mented liquor thus removed. The stamps thus can- celed and defaced shall be disposed of and accounted for in the manner directed by the Commissioner of Internal Revenue, with the approval of the Secretary Of the Treasury. And any violation of the rules and regulations hereafter prescribed by the Commissioner of Internal Revenue, with the approval of the Sec- retary of the Treasury, in pursuance of these provi- Sions, shall be subject to the penalties above provid- ed by this section. Every OWner, agent, Or Superin- tendent of any brewery or bottling house who re- moves, Or Connives at the removal of, any fermented liquor through a pipe line or conduit, without pay- ment Of the tax thereon, or who attempts in any manner to defraud the revenue as above, shall for- feit all the liquors made by and for him, and all the Vessels, utensils, and apparatus used in making the . Same. (R. S. § 3354, amended, June 18, 1890, c. 431, 26 Stat. 161, and Sept. 8, 1916, c. 463, § 406, 39 Stat. ,789.) R. S. § 3339, is § 6143. Chapter Five A–Sirups, Extracts, Soft Drinks, Mineral Waters, and Car- - bonic Acid Gas This chapter is a part of Title III Of the War Revenue Act of 1917, Act Oct. 3, 1917, c. 63; said Title being en- titled “War Tax on Beverages.” Sec. - 6161%a. Tax; amount. - - 6161%b. Returns of manufacturers, producers, bottlers or im- porters. 61.61%.C. Tax on carbonic acid gas. § 6161%a. Tax; amount—There shall be levied, assessed, collected, and paid— (a) Upon all prepared sirups Or extracts (intended for use in the manufacture or production of beverag- es, Commonly known as soft drinks, by soda foun- tains, bottling establishments, and Other similar plac- es) sold by the manufacturer, producer, or importer thereof, if so sold for not more than $1.30 per gallon, a tax of 5 cents per gallon ; if so sold for more than $1.30 and not more than $2 per gallon, a tax of 8 cents per gallon; if so sold for more than $2 and not more than $3 per gallon, a tax of 10 cents per gallon ; if so sold for more than $3 and not more than $4 per gallon, a tax of 15 Cents per gallon; and if so sold for more than $4 per gallon, a tax of 20 cents per gallon; and - (b) Upon all unfermented grape juice, soft drinks, Or artificial mineral Waters (not carbonated), and fermented liquors Containing less than One-half per centum of alcohol, sold by the manufacturer, produc- er, or importer thereof, in bottles or other closed Con- tainers, and upon all ginger ale, root beer, sarsaparil- la, pop, and other carbonated waters Or beverages, manufactured and Sold by the manufacturer, produc- er, or importer of the carbonic acid gas used in car- bonating the same, a tax of 1 Cent per gallon ; and (C) Upon all natural mineral Waters Or table wa- ters, sold by the producer, bottler, or importer there- Of, in bottles or other closed containers, at Over 10 Cents per gallon, a tax of 1 cent per gallon. 1917, c. 63, § 313, 40 Stat. 312.) .* § 6161%b. Returns of manufacturers, produc- (Oct. 3, ers, bottles or importers—Each such manufacturer, producer, bottler, or importer shall make monthly returns under Oath to the COllectOr Of internal reve- nue for the district in which is located the principal place of business, containing such information nec- essary for the assessment of the tax, and at such times and in such manner, as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation prescribe. (Oct. 3, 1917, c. 63, § 314, 40 Stat. 312.) - § 6161%.c. Tax on carbonic acid gas—Upon all carbonic acid gas in drums or other containers (in- Ch. 6) * 3 6164 INTERNAL REVENUE [Page 977. I tended for use in the manufacture or production. Of carbonated water or other drinks) sold by the man- ufacturer, producer, or importer thereof, there shall be levied, assessed, collected, and paid a tax of 5 cents per pound. Such tax shall be paid by the pur- chaser to the vendor thereof and shall be Collected, returned, and paid to the United States by Such Ven- dor in the same manner as provided in section five hundred and three. (Oct. 3, 1917, c. 63, § 315, 40 Stat. 312.) .." Chapter Six—Tobacco and Snuff Tobacco manufacturer defined. 6163. Manufacturer’s statement of busineSS; tificate. 6164, Sign put up by manufacturer. 6165. Record of manufacturers kept by collector. 6166. Annual inventory of manufacturer; books and monthly abstracts. Dealers in leaf-tobacco; Same; books. 6169. Packages of tobacco and Snuff. Same. - Sale only in prescribed packages. 6171. Label and notice on packages. Same. bond and Cer- statement of sales. 6173. Purchasing tobacco not branded or marked. 6173a, Buying tobacco from a manufacturer who has not paid tax. * 6174. Tax. 6174a. Additional tax. 6174b. Same. • 6174c. Same; time of taking effect of provisions; packages of cigarettes, tobacco, and snuff. 6175. Leaf-tobacco not subject to tax; dealers in 1eaf-tobacco. 6176. Dealers in leaf-tobacco; dealers and retail dealers in tobacco. 6177. Dealers, in leaf-tobacco, manufacturers, and peddlers to register. 6178. Stamps; preparation and sale. 6179. Tobacco manufactured by one person for another or on shares; stanps; fraud. - 6180. Estimated tax on tobacco sold without stamps; Of aSSeSSment. 6181. Removing unlawfully, selling without stamps, or pay- ment of tax, or giving bond, making false entries. Absence of stamp evidence of non-payment. 6183. Removing, except in proper packages, or without stamp; selling unlawfully. 6184. Affixing false stamps or used stamps. 6185. Stamped portion of emptied packages to be destroyed; buying, selling, or using same. 6186. Imported tobacco and Snuff. Peddlers of tobacco. 6.188. Same; notice of business. . Same; traveling with wagon. 6190. Same; certificate. §191. Same; peddling unlawfully. - 6192. Exportation of manufactured tobacco, snuff, and cigars. 6193. Same; transportation in bond; export bond. Same : regulations. - 6.195. Drawback on exported tobacco, snuff, and cigars. 6196. Same; fraudulently claiming. § 6162. Tobacco manufacturer defined—Ev- ery person whose business it is to manufacture tobac- co or snuff for himself, or who employs others to manufacture tobacco or snuff, whether Such manufac- ture be by cutting, pressing, grinding, crushing, or rubbing of any raw or leaf-tobacco, or otherwise pre- paring raw or leaf tobacco, or manufactured or par- tially manufactured tobacco or snuff, or the putting up for use or consumption of scraps, waste, clip- pings, stems, or deposits of tobacco resulting from any process of handling tobacco, or by the working Or preparation of leaf-tobacco, tobacco-stems, scraps, Clippings, or waste, by sifting, twisting, screening, or any other process, shall be regarded as a manufactur- er of tobacco. Every person shall also be regarded as a manufacturer of tobacco whose business it is to sell leaf tobacco in quantities less than a hogshead, Case or bale ; or who sells directly to consumers, or to persons Other than duly registered dealers in leaf tobacco, or duly registered manufacturers of tobac- co, snuff or cigars, or to persons who purchase in packages for export; and all tobacco so sold by such persons shall be regarded as manufactured tobacco, and such manufactured tobacco shall be put up and COMP.ST.’18—62 notice Whenever prepared by Such manufacturer in such packages only as the Commissioner of Internal Revenue with the approval Of the Secretary of the Treasury shall pre- Scribe: Provided, That farmers and growers of to- bacco who sell leaf tobacco of their own growth and raising shall not be regarded as manufacturers of toba CCO ; and SO much of section three thousand two hundred and forty-four Of the Revised Statutes Of the United States, and Acts amendatory thereof, as are in conflict with this Act are hereby repealed. (Aug. 27, 1894, c. 349, § 69, 28 Stat. 568.) - R. S. § 3244 is $ 5971. - § 6163. Manufacturer’s statement of busi- ness; bornd and certificate—Every person, before commencing, or, if he has already commenced, be- fore COntinuing, the manufacture of tobacco or snuff, shall furnish, without previous demand therefor, to the COllector of the district where the manufacture iS to be Carried on, a statement in duplicate, sub- scribed under oath, setting forth the place, and if in a City, the Street and number of the Street, where the manufacture is to be carried on; the number of Cutting-machines, presses, snuff-mills, hand-mills, or Other machines; the name, kind, and quality of the article manufactured or proposed to be manufactur- ed; and when the same is manufactured by him as agent for any other person, or to be sold and de- livered to any other person under a special contract, the name and residence and business or Occupation Of the person for whom the said article is to be man- Ufactured, Or to whom it is to be delivered; and he shall give a bond, to be approved by the collector of the district, in the sum of not less than two thou- Sand nor more than twenty thousand dollars, to be fixed by the collector of the district, according to the quantum of business proposed to be done by the manufacturer, with right of appeal by the manufac- turer to the Commissioner of Internal Revenue in respect to the amount of said bond, conditioned that he shall not engage in any attempt, by himself or by Collusion with others, to defraud the government Of any tax on his manufactures; that he shall render truly and completely all the returns, Statements, and inventories prescribed by law or regulations; that he adds to the number Of Cutting-ma- Chines, presses, snuff-mills, hand-mills, or other mills Or machines as aforesaid, he shall immediately give notice thereof to the Collector Of the district ; that he shall stamp, in accordance with law, all tobacco and Snuff manufactured by him before he removes any part thereof from the place of manufacture; that he shall not knowingly sell, purchase, expose, or receive for Sale, any manufactured toba CCO Or Snuff which has not been stamped as required by law ; and that he shall comply with all the requirements of law relating to the manufacture of tobacco Or Snuff. Additional Sure- ties may be required by the collector from time to time. And every manufacturer shall obtain a certifi- cate from the collector of the district, Who is hereby directed to issue the same, setting forth the kind and number of machines, presses, Snuff mills, hand mills, Or Other mills and machines as aforesaid; which Cer- tificate shall be posted in a conspicuous place with- in the manufactory. And every tobacco-manufac- turer who neglects or refuses to obtain such certifi- cate, or to keep the same posted as hereinbefore pro- vided, shall be fined not less than one hundred dol- lars nor more than five hundred dollars. And every person who manufactures tobacco or snuff of any de- scription without first giving bond, as herein requir- ed, shall be fined not less than one thousand dollars nor more than five thousand dollars, and imprisoned for not less than One nor more than five years. (R. S. § 3355, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248, and March 1, 1879, c. 125, § 14, 20 Stat. 344.) § 6164. Sign put up by manufacturer—Every manufacturer of tobacco and snuff shall place and keep on the side or end of the building wherein his a 6165 (Tit. 35 INTERNAL REVENUE [Page 978] - business is carried on, so that it can be distinctly Seen, a sign, with letters thereon not less than three inch- es in length, painted in oil-colors or gilded, giving his full name and business. And every person who neg- lects to comply with the requirements of this section shall be fined not less than one hundred dollars Or more than five hundred dollars. (R. S. § 3356.) § 6165. Record of manufacturers kept by col- lector—Every collector shall keep a record, in a book or books provided for that purpose, to be open to the inspection of only the proper officers of internal rev- enue, including deputy collectors and internal-revenue agents, of the name and residence of every perSOn engaged in the manufacture of tobacco or snuff in his district, the place where such manufacture is car- ried on, and the number of the manufactory; and he shall enter in said record, under the name of each manufacturer, a copy of every inventory required by law to be made by such manufacturer, and an ab- stract of his monthly returns; and he shall cause the Several manufactories of tobacco Or Snuff in his dis- trict to be numbered consecutively, which numbers shall not be thereafter changed, except for reasons satisfactory to himself and approved by the Commis- sioner of Internal Revenue. (R. S. § 3357, amended, June 9, 1880, c. 161, § 2, 21 Stat. 168, and Oct. 1, 1890, c. 1244, § 33, 26 Stat. 620.) - § 6166. Annual inventory of manufacturer; books and monthly abstracts—Every person now or hereafter engaged in the manufacture of tobacco Or Snuff Shall make and deliver to the Collector of the district a true inventory, in Such form as may be prescribed by the Commissioner of Internal Revenue, and verified by his own oath, of the quantity of each of the different kinds of tobacco, snuff-flour, Snuff, stems, scraps, clippings, waste, tin-foil, licorice, sugar, gum, and other materials held or owned by him on the first day of January of each year, or at the time of Commencing and at the time of concluding business, if before or after the first of January ; setting forth What portion of said goods and materials, and what kinds Were manufactured and produced by him, and What was purchased from Others. The Collector Shall make personal examination of the stock sufficient to Satisfy himself as to the Correctness of the inventory, and shall verify the fact of such examination by oath, to be indorsed On Or affixed to the inventory. And every such person shall keep a book or books, the forms of which shall be prescribed by the Commis- sioner of Internal Revenue, and enter therein daily an accurate account of all the articles aforesaid pur- Chased by him, the quantity of tobacco, snuff, and Snuff-flour, stems, Scraps, Clippings, waste, tin-foil, lic- Orice, Sugar, gum, and other material, Of whatever de- Scription, manufactured, sold, consumed, or removed for Consumption or sale, Or removed from the place Of manufacture in bond, and to what district remov- ed; also the number of net pounds of lumps of plug tobacco made in the lump-room, and the number of packages and pounds thereof produced in the press- room each day. And he shall, on or before the tenth day of each month, furnish to the collector a true and complete abstract from such book, verifying the same by his oath, Of all such purchases, sales, and re- movals made during the month next preceding. And whenever any such person refuses or willfully neg- lects to deliver, the inventory, or keep the account, or furnish the abstract aforesaid, he shall be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than three years. (R. S. § 3358.) § 6167. Dealers in leaf-tobacco; statement of sales-It shall be the duty of any dealer in leaf-tobac- CO, or in any material used in manufacturing tobacco Or Snuff, on demand of any officer of internal revenue, to render a true and complete statement, under oath, Of the quantity and amount of such leaf-tobacco or materials sold or delivered to any person named in Such demand; and in case of refusal or neglect to ren- der such statement, or if there is cause to believe such statement to be incorrect or fraudulent, the Collector shall make an examination of persons, books, and pa- pers, in the manner provided in relation to frauds and evasions. (R. S. § 3359.) § 6168. Same; books—Every dealer in leaf-toba C- co shall make daily entries in two books kept for that purpose, one book to be furnished by the government, under such regulations as the Commissioner of Inter- nal Revenue shall prescribe, of the number of hogs- heads, cases, and pounds of leaf tobacco purchased Or received by him on assignment, consignment, transfer, or otherwise, and of whom purchased or received, and the number of hogsheads, cases, or pounds Sold by him, with the name and residence, in each instance, of the person to whom sold, and, if shipped, to Whom shipped, and to what district; one of these books shall be kept at his place of business, and shall be open at all hours to the inspection of any internal-revenue Of- ficer or agent, and the other shall, at the end of each and every year, and upon the discontinuance of busi- ness of any leaf-dealer during any year, be handed over to the collector of his district for the use of the government. And every dealer in leaf-tobacco Who willfully neglects or refuses to keep the books herein provided for, and in the manner which shall be pre- scribed by the Commissioner of Internal Revenue, or to transfer to the collector of his district, as herein provided, the duplicate copy containing his daily transactions, as aforesaid, shall be fined not less than one hundred dollars nor more than five thousand dol- lars, and imprisoned not more than one year. (R. S. $ 3360, amended, March 1, 1879, c. 125, § 14, 20 Stat. 345.) - (R. S. § 3361. Repealed.) This section required farmers or planters producing and selling leaf-tobacco to render, on demand of any internal- revenue officer, statements of sales made. All provisions imposing restrictions of any kind upon farmers and grow- ers of tobacco in regard to the sale of their leaf-tobacco, and the registration and report of such sales, Were re- pealed by the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 27, 26 Stat. 620. Provisions requiring the making of statements of sales were made by said section 27. Such requirements were stricken out, and R. S. § 3361, was re- pealed, by the Wilson Tariff Act of Aug. 27, 1894, c. 349, § 69, 28 Stat. 568. § 6169. Packages of tobacco and snuff—All manufactured tobacco shall be put up and prepared by the manufacturer for sale, or removal for sale Or consumption, in packages of the following description and in no Other manner: All Smoking tobacco, snuff, fine-cut chewing tobacco, all cut and granulated tobacco, all shorts, the refuse of fine-cut chewing, which has passed through a rid- dle of thirty-six meshes to the square inch, and all refuse scraps, clippings, Cuttings, and Sweepings Of tobacco, and all other kinds of tobacco not otherwise provided for, in packages containing One-half Ounce, three-fourths of an ounce, and further packages with a difference between each package and the One next Smaller of one-fourth of an ounce up to and including four ounces, and packages of six Ounces, seven Ounces, eight ounces, ten ounces, twelve Ounces, fourteen ounc- es, and sixteen ounces: Provided, That snuff may, at the Option of the manufacturer, be put up in bladders and in jars containing not exceeding twenty pounds. All cavendish, plug, and twist tobacco, in wooden packages not exceeding two hundred pounds net weight. And every such wooden package shall have printed or marked thereon the manufacturer’s name and place of manufacture, the registered number of the manu- factory, and the gross weight, the tare, and the net weight of the tobacco in each package: Provided, That these limitations and descriptions of packages shall not apply to tobacco and snuff transported in bond for exportation and actually exported: And pro- vided further, That perioue tobacco, snuff flour, fine- cut shorts, the refuse of fine-cut chewing tobacco, refuse scraps, clippings, cuttings, and SWeepings of Ch. 6) 3 6175 INTERNAL REVENUE [Page 97.91 tobacco, may be sold in bulk as material, and without the payment of tax, by one manufacturer directly to another manufacturer, or for export, under such re- strictions, rules, and regulations as the Commission- er of Internal Revenue may prescribe: And provided further, That wood, metal, paper, or other materials may be used separately or in combination for packing tobacco, snuff, and cigars, under such regulations as the Commissioner of Internal Revenue may establish. (R. S. § 3362, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 248, March 1, 1879, c. 125, § 14, 20 Stat. 345, Jan. 9, 1883, c. 16, 22 Stat. 401, July 1, 1902, c. 1371, § 1, 32 Stat. 714, and Aug. 5, 1909, c. 6, § 30, 36 Stat. 108.) - Same-In addition to the packages pro- vided for under existing law, manufactured tobacco and Snuff may be put up and prepared by the manu- facturer for sale or consumption, in packages of the following description: Packages containing one- eighth, three-eighths, five-eighths, seven-eighths, one and one-eighth, one and three-eighths, one and five- eighths, one and seven-eighths, and five ounces. (Oct. 3, 1917, c. 63, § 401, 40 Stat. 313.) - § 6170. Sale only in prescribed packages—NO manufactured tobacco shall be sold or offered for Sale unless put up in packages and stamped as pre- scribed in this chapter, except at retail by retail deal- ers from packages authorized by Section thirty-three hundred and sixty-two of the Revised Statutes; and every person who sells or offers for sale any Snuff Or any kind of manufactured tobacco not so put up in packages and stamped shall be fined not less than five hundred dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than two years. (R. S. § 3363, amended, Oct. 1, 1890, c. 1244, § 31, 26 Stat. 619.) - R. S. § 3362, is § 6169. § 6171. Label and notice on packages—Every manufacturer of tobacco Or Snuff shall, in addition to all other requirements of this Title relating to tobac- Co, print on each package, Or securely affix, by pasting, on each package containing tobacco or snuff manufac- tured by or for him, a label, on which shall be print- ed the proprietor's or manufacturer’s name, the num- ber of the manufactory, the district and State in which it is situated, and these words: “Notice.—The manufacturer Of this tobacco has complied with all requirements of law. Every person is cautioned, under the penalties of law, not to use this package for tobacco again.” Every manufacturer of tobacco who neglects to print on or affix such label to any package containing tobacco made by or for him, or sold or offered for sale by or for him, and every person who removes any such label so affixed from any such package, shall be fined fifty dollars for each package in respect to which Such offense shall be committed. (R. S. $ 3364.) § 6172. Same—From and after the passage. of this act every manufacturer of tobacco or snuff shall, in addition to all other requirements of law, print on each package, or Securely affix by pasting On each package containing tobacco or Snuff manufactured by Or for him, a label. On which shall be printed the num- ber of the manufactory, the district and State in which it is situated, and these words; Notice. The manufacturer of this tobacco has complied with all requirements of law. Every person is cautioned, under penalties Of law, not to use this package for tobacco again. (March 3, 1883, c. 121, § 5, 22 Stat. 489.) (R. S. § 3365. Temporary.) This section authorized the Commissioner of Internal Revenue to allow snuff and Smoking-tobacco manufactured before July 20, 1868, not in Wooden packages, to be stamp- ed and sold in the original packages. It is omitted as temporary merely. - § 6173. Purchasing tobacco not branded or marked—Every perSOn Who purchases, Or receives for Sale, any manufactured tobacco or Snuff which has not been branded or stamped according to law, shall be liable to a penalty of fifty dollars for each of fense. (R. S. § 3366.) § 617.3a. Buying tobacco from a maxaufac- turer who has not paid tax—Every person who pur- Chases, or receives for sale, any manufactured tobac- co or snuff from any manufacturer who has not paid the Special tax, shall be liable for each Offense to a penalty of one hundred dollars, and to a forfeiture of all the articles aforesaid so purchased or receiv- ed, or of the full value thereof. (R. S. § 3367.) See §§ 5980j, 6177. - § 6174. Tax—Upon tobacco and Snuff manufac- tured and sold, or removed for consumption or use, there shall be levied and collected the following taxes: On Snuff, manufactured of tobacco or any substitute for tobacco, ground, dry, damp, pickled, scented, or otherwise, of all descriptions, when prepared for use, a tax Of eight Cents per pound. And Snuff flour, when Sold, or removed for use or consumption, shall be taxed as Snuff, and shall be put up in packages and stamped in the same manner as Snuff. - On all Chewing and smoking tobacco, fine-cut, caven- dish, plug, or twist, cut or granulated, of every de- Scription; on tobacco twisted by hand Or reduced into a COndition to be COnsumed, or in any manner other than the Ordinary mode of drying and curing, prepar- ed for sale or consumption, even if prepared without the use of any machine or instrument, and without being pressed or sweetened ; and on all fine-cut shorts and refuse scraps, Clippings, cuttings, and sweepings of tobacco, a tax of eight cents per pound. (R. S. § 3368, amended, March 3, 1875, c. 127, § 2, 18 Stat. 339, March 3, 1883, c. 121, § 4, 22 Stat. 489, Oct. 1, 1890, c. 1244, § 30, 26 Stat. 619, June 13, 1898, c. 448, § 3, 30 Stat. 449, April 12, 1902, c. 500, § 3, 32 Stat. 96, and Aug. 5, 1909, c. 6, § 31, 36 Stat. 109.) § 6174a. Additional tax—Upon all tobacco and Snuff hereafter manufactured and sold, or removed for consumption or use, there shall be levied and collected, in addition to the tax now imposed by law upon such articles, a tax of 5 cents per pound, to be levied, Collected, and paid under the provisions of existing law. (Oct. 3, 1917, c. 63, § 401, 40 Stat. 313.) § 6174b. Same—There shall also be levied and collected, upon all manufactured tobacco and Snuff in excess Of One hundred pounds or upon Cigars Or cigarettes in excess of one thousand, which were man- ufactured. Or imported, and removed from factory or Custom-house prior to the passage of this Act, bear- ing tax-paid stamps affixed to such articles for the payment of the taxes thereon, and which are, on the day after this Act is passed, ...held and intended for sale by any person, Corporation, partnership, or asso- ciation, and upon all manufactured tobacco, Snuff, ci- gars, or cigarettes, removed from factory or customs house after the passage of this Act but prior to the time when the tax imposed by Section four hundred or Section four hundred and One upon Such articles takes effect, an additional tax equal to one-half the tax im- posed by such sections upon such articles. (Oct. 3, 1917, c. 63, § 403, 40 Stat. 313.) • § 6174c. Same; time of taking effect of pro- visions; packages of cigarettes, tobacco, and snuff—Sections four hundred, four hundred and One, and four hundred and four, Shall take effect thirty days after the passage of this Act: Provided, That after the passage of this Act and before the expira- tion of the aforesaid thirty days, Cigarettes and man- ufactured tobacco and Snuff may be put up in the packages now provided for by law or in the packages provided for in sections four hundred and four hun- dred and One. (Oct. 3, 1917, c. 63, § 402, 40 Stat. 313.) § 6175. Leaf-tobacco not subject to tax; deal- ers and retail dealers in leaf-tobacco–Unstemmed . leaf tobacCO in the natural leaf, in the hand, and not § 6175 (Tit. 35 INTERNAL REVENUE [Page 980] manufactured or altered in any manner, raised and grOWn in the United States, shall not be subject to any internal-revenue tax or charge of any kind whatsoever, and it shall be lawful for any person to buy and sell Such unstemmed tobacco in the leaf, in the hand, with- out payment of tax of any kind: Provided, That any person, other than the farmer or producer of leaf tobacco, who sells leaf tobacco to manufacturers of tobacco, snuff or cigars shall be deemed and consid- ered a dealer in leaf tobacco, and become subject to all the provisions of section thirty-two hundred and forty-four, as amended by section fourteen, Act of March first, eighteen hundred and seventy-nine, and also as amended by the Act of March third, eighteen hundred and eighty-three, and, further, shall be sub- ject to all the provisions of section thirty-three hun- dred and sixty, as amended by section fourteen, Act Of March first, eighteen hundred and seventy-nine, and of Sections thirty-three hundred and fifty-nine and thirty-three hundred and ninety-one, United States Revised Statutes. EVery perSOn shall be regarded as a retail dealer in leaf tobacco whose business it is to sell leaf tobac- CO in quantities of less than an original hogshead, Case Or bale; or who shall sell directly to consumers Or to persons other than dealers in "leaf tobacco or to manufacturers of tobacco, snuff or cigars, or to DerSOnS who purchase in original packages for ex- port. Every such retail dealer in leaf tobacco shall reg- ister with the collector of the district his name or Style, place of residence, trade or business, and the place where such trade or business is to be carried On ; and a failure to register as herein required shall subject such person to a penalty of fifty dollars; and every retail dealer in leaf tobacco shall also keep a book and enter therein daily his purchases of leaf toba CCO and his sales, where such sales amount to two pounds or more to one person in one day. Such record shall be kept written up to date and shall be in Such form and contain such entries as shall be pre- Scribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, and Such books shall be open at all times for the in- spection of any internal-revenue officer or agent. Any person who has duly qualified as a retail deal- er in leaf tobacco may sell natural leaf tobacco grown Or raised in the United States in its condition as cur- ed. On the farm, in the hand, and not manufactured in any way, except to manufacturers of tobacco, snuff or cigars, without the payment of any tax on such leaf tobacco whatsoever, and so much of section six- ty-nine, tariff Act of August twenty-seventh, eighteen hundred and ninety-four, which took effect the fol- lowing day, and section thirty-two hundred and for- ty-four, United States Revised Statutes, or any other existing law, as is inconsistent with the provisions of this Act, is hereby repealed. And it shall be the duty of every retail dealer "in leaf tobacco, as herein described, under regulations to be prescribed by the Commissioner Of Internal Reve- nue with the approval of the Secretary of the Treas- ury, to furnish. On demand to any internal-revenue Officer or other authorized agent of the Treasury De- partment a true and correct statement, verified by his Oath or affirmation, of all his sales of leaf tobac- CO in quantities of ten pounds or more to any one perSOn in any one day, with the name and residence in each instance of the person to whom sold, and any such retail dealer in leaf tobacco who shall willfully refuse to furnish such information or keep the book as required herein, or who shall knowingly make any false statements Or false entries in such book as to any Of the facts aforesaid, shall be guilty of a mis- demeanor, and On conviction shall be liable to a fine Of fifty dollars for each offense: And provided fur- ther, That nothing in this Act shall be construed as imposing any restrictions whatsoever upon the farm- .# ers or growers of Heaf tobacco in regard to the sales of their leaf tobacco. (Aug. 5, 1909, c. 6, § 35, 36 Stat. 110.) - - - R. S. §§ 3359, 3360, 3391, are $$ 6167, 6168, 6.201. , Act Aug. 27, 1894, c. 349, § 69, is § 6162. - § 6176. Dealers in leaf-tobacco; dealers in to- bacco–Sixth * * Every person shall be regarded as a dealer in leaf tobacco, whose business it is, for himself or on commission, to sell, or offer for sale, Or Consign for sale on commission, leaf tobacco # *. Eighth *, * Every person, whose business it is, to sell or offer for sale, manufactured tobacco, snuff, Or Cigars, shall be regarded as a dealer in tobacco * *. (R. S. § 3244.) See § 5971. § 6177. Dealers in leaf-tobacco, manufactur- ers, and peddlers to register–On and after the first day of May, eighteen hundred and ninety-one, all Special taxes imposed by the laws now in force upon dealers in leaf tobacco, retail dealers in leaf tobac- CO, dealers in tobacco, [manufacturers of tobacco, manufacturers of cigars, and peddlers of tobacco are hereby repealed: Every such dealer in leaf tobacco, retail dealer in leaf tobacco, manufacturer, and ped- dler shall, however, register with the collector of the district his name, or style, place of residence, trade, Or business, and the place where such trade or busi- ness is to be carried On, the same as though the tax had not been repealed, and a failure to register as herein required shall subject such person to a penalty of fifty dollars. (Oct. 1, 1890, c. 1244, § 26, 26 Stat. 618.) . - ** Text in brackets superseded by § 5980j. $ 61.78. Stamps; preparation and sale—The Commissioner of Internal Revenue shall cause to be prepared suitable and Special stamps for the payment Of the tax on tobacco and Snuff, which shall indicate the weight and class of the article on which payment is to be made, and shall be affixed and canceled in the mode prescribed by the Commissioner of Internal ReVenue, and stamps when used on any wooden pack- age shall be canceled by sinking a portion of the same into the Wood with a steel die, and also such export- Stamps as are required by law. Such stamps shall be furnished to the collectors requiring them, and each collector shall keep at all times a supply equal in amount to three months’ sale thereof, and shall sell the same Only to the manufacturers of tobacco and snuff in their respective districts who have giv- en bonds as required by law, and to Owners or con- signees of tobacco or snuff, upon the requisition of the proper custom-house officer having the custody Of Such tobacco or snuff ; and to persons required by law to affix the same to tobacco Or Snuff on hand. On the first day of January, eighteen hundred and sixty- nine. And every collector shall keep an account of the number, amount, and denominate values Of stamps sold by him to each manufacturer or other person aforesaid: Provided, That such stamps as may be required to stamp tobacco, Snuff, or cigars, sold under distraint by any collector of internal reve- nue, or for stamping any tobacco, snuff, or cigars which may have been abandoned, condemned, or for- feited, and sold by Order of court or of any Govern- ment officer for the benefit of the United States, may, under such rules and regulations as the Commission- er of Internal Revenue shall prescribe, be used by the collector making such sale, or furnished by a col- lector to a United States marshal, Or to any other Government Officer making such sale for the benefit of the United States, without making payment for said stamps so used or delivered ; and any revenue- Collector using Or furnishing Stamps in manner as aforesaid, on presenting Vouchers satisfactory to the Commissioner of Internal Revenue, Shall be allowed Credit for the same in settling his stamp-account with the Department: And provided further, That in case it shall appear that any abandoned, condemned, or Ch. 6) 3 6185 INTERNAL REVENUE [Page 981] forfeited tobacco, snuff, or cigars, when offered for sale, will not bring a price equal to the tax due and payable thereon, such goods shall not be sold for Consumption in the United States; and upon applica- tion made to the Commissioner of Internal Revenue, Ine is authorized and directed to Order the destruction of such tobacco, snuff, or cigars by the officer in whose Custody and Control the same may be at the time, and in such manner and under such regulations as the Commissioner of Internal Revenue may pre- scribe. (R. S. § 3369.) § 6179. Tobacco manufactured by one person for another or on shares; stamps; fraud—When- ever tobacco or Snuff of any description is manufac- tured, in whole or in part, upon Commission Or shares, Or the material from which any such articles are made, or are to be made, is furnished by one person and made Or manufactured by another, Or the ma- terial is furnished or sold by One person with an un- derstanding or agreement with another that the man- ufactured article is to be received in payment there- for or for any part thereof, the stamps required by law shall be affixed by the actual maker or manufac- turer before the article passes from the place Of mak- ing Or manufacturing. And in Case of fraud. On the part Of either Of Said perSOnS in respect to said manu- facture, or of any collusion on their part with intent to defraud the revenue, Such material and manufac- tured articles shall be forfeited to the United States ; and each party to such fraud or Collusion shall be deemed guilty of a misdemeanor, and be fined not less than One hundred dollars nor more than five thousand dollars, and imprisoned for not less than six months nor more than three years. (R. S. § 3370.) § 6180. Estimated tax on tobacco sold with- out stamps; notice of assessment—Whenever any manufacturer of tobacco, snuff, or cigars, sells, or removes for sale or consumption, any tobacco, Snuff, or cigars, upon which a tax is required to be paid by stamps, without the use of the proper stamps, it shall be the duty Of the Commissioner of Internal Revenue, within a period of not more than two years after Such sale Or removal, upon Satisfactory proof, to eS- timate the amount Of tax which has been Omitted to be paid, and to make an assessment therefor, and Cer- tify the same to the Collector. The tax SO assessed shall be in addition to the penalties imposed by law for such sale or removal: Provided, however, . That no Such' assessment Shall be made until and after notice to the manufacturer of the alleged sale and removal to show Cause against said assessment; and the Commissioner of Internal Revenue shall, upon a full hearing Of all the evidence, determine what as- sessment, if any should be made. (R. S. § 3371, amended, March 1, 1879, c. 125, § 14, 20 Stat. 346.) See § 6348. § 6181. Removing unlawfully, selling without stamps, or payment of tax, or giving bond, mak- ing false entries—Every manufacturer of tobacco or snuff who removes, otherwise than as provided by law, or sells, without the proper stamps denoting the tax thereon, [Or without having paid the Special tax,] Or given bond as required by law, any tobacco or Snuff, Or who makes false and fraudulent entries Of manufactures or sales of tobacco or snuff, or makes false or fraudulent entries of the purchase or sales Of leaf-tobacco, tobacco-stems, or other material, or Who affixes any false, forged, fraudulent, spurious, Or Counterfeit stamp, or imitation of any stamp, re- Quired by law, Or any stamp required by law which has been previously used, to any box or package con- taining any tobacco or snuff, shall, in addition to the penalties elsewhere provided by law for such Offens- eS, forfeit to the United States all the raw material and manufactured or partly manufactured tobacco and Snuff, and all machinery, tools, implements, ap- paratus, fixtures, boxes, and barrels, and all other materials which may be found in his possession, in his manufactory, or elsewhere. (R. S. § 3372.) Text in brackets superseded by Act Oct. 1, 1890, c. 1244, § 26. See § 6177. Revived by Act Oct. 22, 1914, c. 331, § 4, 38 Stat. 752, and Act Sept. 8, 1916, c. 463, § 408. See § 5980j. § 6182. Absence of stamp evidence of nonpay- ment—The absence of the proper stamp on any pack- age of manufactured tobacco or Snuff shall be notice to all perSons that the tax has not been paid thereon, and shall be prima-facie evidence of the non-payment thereof. And such tobacco or snuff shall be forfeited to the United States. (R. S. § 3373.) § 61.83. Removing, except in proper packages, or without stamp; selling unlawfully—Every per- Son who removes from any manufactory, or from any place where tobacco or snuff is made, any manufac- tured toba CCO or Snuff Without the same being put up in proper packages, or without the proper stamp for the amount of tax thereon being affixed and can- Celed, as required by law ; Or, if the same be intended for export, without the proper export-stamp being af- fixed ; or who uses, sells, or offers for sale, or has in possession, except in the manufactory, or while in transfer under bond Or a collector’s permit, from any manufactory, store, or warehouse, to a vessel for ex- portation to a foreign country, any manufactured to- bacco or snuff, without proper stamps for the amount of tax thereon being affixed and canceled ; Or Who sells, or offers for sale, for Consumption in the United States, or uses, or has in possession, except in the manufactory, or while in transfer under bond Or a Collector’s permit, from any manufactory, Store, Or warehouse, to a vessel for exportation to a foreign country, any manufactured tobacco or snuff on which only the stamp marking the same for export has been affixed, shall for each such offense, respective- ly, be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years. (R. S. § 3374.) § 6184. Affixing false stamps or used stamps —Every person who affixes to any package Contain- ing tobacco or snuff, any false, forged, fraudulent, spurious, or counterfeit stamp, or a stamp which has been before used, shall be deemed guilty of a felony, and shall be fined not less than one thousand dollars nor more than five thousand dollars, and imprisoned not less than two years nor more than five years. (R. S. $ 3375.) § 6.185. Stamped portion of emptied packages to be destroyed; buying, selling, or using same —Whenever any stamped box, bag, VeSSel, Wrapper, or envelope of any kind, containing tobacco Or Snuff, is emptied, the stamp or stamps thereon shall be de- stroyed by the person in whose hands the same may be. And every person who willfully neglects Or re- fuses so to do shall, for each such offense, be fined fifty dollars, and imprisoned not less than ten days nor more than six months. And every perSOn Who sells or gives away, or who buys Or accepts from an- other any such empty stamped box, bag, vessel, Wrap- per, or envelope of any kind, Or the stamp Or Stamps taken from any such empty box, bag, vessel, wrapper, or envelope of any kind, shall, for each such Offense, be fined One hundred dollars and imprisoned for not less than twenty days, and not more than one year. And every manufacturer Or Other person who puts tobacco Or Snuff into any such box, bag, vessel, Wrap- per, or envelope, the same having been either emptied or partially emptied, Or Who has in his possession, Or affixes to any box Or Other package, any stamp which has been previously used, Or Who sells, Or offers for sale, any box or Other package of tobacco, Snuff, or cigars, having affixed thereto any fraudulent, spurious, imitation, Or Counterfeit stamp, or stamp that has been previously used, or sells from any Sugh fraudul- lently stamped box Or package, or has in his pos- session any box Or package as aforesaid, knowing the same to be fraudulently stamped, shall, for each ź 6186 (Tit. 35 INTERNAL REVENUE IIPage 982I Such Offense, be fined not less than one hundred dol- lars nor more than five hundred dollars, and impris- Oned for not less than one year nor more than three years. (R. S. § 3376.) § 6186. Imported tobacco and snuff—All manu- factured tobacco and snuff (not including cigars) im- ported from foreign countries shall, in addition to the import duties imposed on the same, pay the tax im- posed by law on like kinds of tobacco and Snuff manu- factured in the United States, and have the same Stamps respectively affixed. Such stamps shall be af- fixed and canceled on all such articles so imported by the owner or importer thereof, while they are in the Custody of the proper custom-house officers, and Such articles shall not pass out of the custody of said Officers until the stamps have been affixed and can- Celed. Such tobacco and snuff shall be put up in pack- ages, as prescribed by law for like articles manufac- tured in the United States before the stamps are affix- ed; and the owner or importer shall be liable to all the penal provisions prescribed for manufactures of tobacco and snuff manufactured in the United States. Whenever it is necessary to take any such articles, So imported, to any place for the purpose of repacking, affixing, and canceling such stamps, other than the public Stores of the United States, the collector of Customs of the port where they are entered shall des- ignate a bonded warehouse to which they shall be taken, under the control of such customs officer as he may direct. And every officer of customs who per- mits any Such articles to pass out of his custody or Control Without compliance by the owner or importer thereof with the provisions of this section relating thereto, shall be deemed guilty of a misdemeanor, and Shall be fined not less than one thousand dol- lars nor more than five thousand dollars, and im- prisoned not less than six months nor more than three years. Provided, That scraps, cuttings, and clippings of tobacco imported from any foreign coun- try may, after the proper customs duty has been paid thereon, be withdrawn in bulk without the payment Of the internal-revenue tax, and transferred as ma- terial directly to the factory of a manufacturer of tobacco or snuff, or of a cigar-manufacturer, under such restrictions and regulations as shall be pre- Scribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury. (R. S. º amended, March 1, 1879, c. 125, § 14, 20 Stat. (R. S. §§ 3378–3380. Temporary.) R. S. § 3378, provided for inventories of tobacco and snuff on hand before July 20, 1868. R. S. § 3379, provided for refunding the tax previously paid on tobacco, snuff, and cigars manufactured between July 20, 1868, and April 10, 1869. R. S. § 3380, imposed a penalty for selling to- bacco as made and tax paid before July 20, 1868. These sections are omitted, as temporary merely. § 6187. Peddlers of tobacco–Eleventh. * * Any person who sells or offers to sell and deliver man- ufactured tobacco, snuff, or cigars, traveling from place to place, in the town or through the country, shall be regarded as a peddler of tobacco : * * Pro- vided, That manufacturers of, jobbers and wholesale dealers in, manufactured tobacco, Snuff, cigars, and cigarettes, and the agents or Salesmen. Of Such man- ufacturers, jobbers, and wholesale dealers, traveling from place to place, in the town or through the country, and selling and delivering or offering to sell and deliver such products only to dealers, shall not be construed to be peddlers. (R. S. § 3244, amended, Sept. 7, 1916, c. 453, 39 Stat. 740.) § 6188. Same; notice of business—Every ped- dler of tobacco, before Commencing, or, if he has al- ready commenced, before continuing to peddle to- bacco, shall furnish to the Collector of his district a statement accurately Setting forth the place of his residence, and, if in a City the Street and number of the Street where he resides, the State Or States through which he proposes to travel; also whether he proposes to Sell his OWn manufactures or the manufactures of others, and, if he sells for other par- ties, the person for whom he sells. He shall also give a bond in the sum of five hundred dollars, to be approved by the collector of the district, condition- ed that he shall not engage in any attempt, by him- Self or by collusion with others, to defraud the Gov- ernment of any tax on tobacco, Snuff, or cigars; that he shall neither sell nor offer for sale any tobacco, Snuff, or cigars, except in original and full packages, as the law requires the same to be put up and pre- pared by the manufacturer for sale, or for removal for Sale or consumption, and except such packages of tobacco, Snuff, and cigars as bear the manufacturer’s label or caution notice, and his legal marks and brands, and genuine internal-revenue stamps which have never before been used. (R. S. § 3381, amended, Oct. 1, 1890, c. 1244, § 28, 26 Stat. 618.) § 6189. Same; traveling with wagon—Every peddler of tobacco, Snuff, or cigars, traveling with a Wagon, Shall affix and keep on the same, in a con- Spicuous place, a sign painted in Oil-colors, or gilded, giving his full name, business, and collection-district. (R. S. § 3382.) $ 6190. Same; certificate—Every peddler of to- bacco shall obtain a certificate from the collector of his collection district, who is hereby authorized and directed to issue the same, giving the name of the peddler, his residence, and the fact of his having filed the required bond ; and shall on demand Of any officer of internal revenue produce and exhibit his Certificate. And whenever any peddler refuses to ex- hibit his certificate, as aforesaid, on demand of any Officer of internal revenue, said Officer may seize the horse or mule, wagon, and contents, or pack, bundle, Or basket, of any person so refusing ; and the Col- lectOr of the district in which the Seizure OCCurs may, on ten days’ notice, published in any newspaper in the district, or served personally on the peddler, Or at his dwelling house, require Such peddler to ShOW Cause, if any he has, Why the horses Or mules, Wagons, and contents, pack, bundle, or basket SO Seiz- ed shall not be forfeited. In case no Sufficient Cause is shown, proceedings for the forfeiture of the prop- erty seized shall be taken under the general provi- Sions of the internal-revenue laws relating to forfei- tures. Any internal-revenue agent may demand pro- duction of and inspect the Collector's Certificate for peddlers, and refusal or failure to produce the Same, when so demanded, shall subject the party guilty thereof to a fine of not more than five hundred dol- lars and to imprisonment for not more than twelve months. (R. S. § 3383, amended, March 1, 1879, C. 125, § 15, 20 Stat. 346, and Oct. 1, 1890, c. 1244, § 29, 26 Stat. 618.) - § 6191. Same; peddling unlawfully—Every per- son who is found peddling tobacco, Snuff, or cigars, without having given the bond, Or without having previously obtained the collector’s certificate as here- in provided, or who sells tobacco, Snuff, or cigars oth- erwise than in original and full packages as put up by the manufacturer; or who has in his possession any internal-revenue stamp which has been removed from any box or other package of tobacco, snuff, or cigars, or any empty or partially emptied box or other package which has been used for tobacco, snuff, or cigars, the stamp or Stamps On Which have not been destroyed ; or who fails to have affixed to his Wagon, in a Conspicuous place, a sign, painted in oil-colors, or gilded, giving his full name, business, and collection-district, shall, for each such offense, be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not less than six months nor more than one year, or both, at the dis- Cretion of the Court. And any Collector or deputy collector finding such peddler in the act of Offending as to either of the Offenses mentioned in this section, may seize the horse or horses, mule or mules, wagon and contents, or pack, bundle, or basket, of any such Ch. 6) 3 6195 INTERNAL REVENUE [Page 98.31 person; and the Collector shall thereupon proceed upon such seizure as provided in section thirty-three hundred and eighty-three. (R. S. § 3384, amended, March 1, 1879, c. 125, § 15, 20 Stat. 346.) $ 6192. Exportation of manufactured tobac- co, snuff, and cigars—Manufactured tobacco, Snuff, and cigars intended for immediate exportation may, after being properly inspected, marked, and branded, be removed from the manufactory in bond without having affixed thereto the stamps indicating the pay- ment Of the tax thereon. The removal of Such to- bacco, Snuff, and cigars from the manufactory shall be made under such regulations, and after making Such entries, and executing and filing with the Col- lectOr Of the district from which the removal is to be made Such bonds and bills of lading, and giving Such other additional security as may be prescribed by the Commissioner of Internal Revenue and ap- proved by the Secretary of the Treasury. There shall be affixed to each package of tobacco, Snuff, and ci- garS intended for immediate export, before it is re- moved from the manufactory, an engraved stamp in- dicative of such intention. Such stamps shall be provided and furnished to the several collectors as in the case of other stamps, and they shall account for the use Of the same. When the manufacturer has made the proper entries, filed the bonds, and other- Wise complied with the requirements of law and the regulations, as herein provided, the Collector shall is- Sue to him a permit for the removal, accurately de- Scribing the tobacco, snuff, and cigars, to be shipped the number and kinds of packages, the number of pounds, the marks and brands, the State and col- lection district from which the same are shipped, the number of the manufactory and the manufacturer's name, the port from which the said tobacco, snuff, and Cigars are to be exported, and the route or routes Over which the same are to be sent to the port of Shipment. internal revenue of a detailed report from the in- SpectOrS Of Customs, and a certificate of the Collec- tor of customs at the port from which the goods are to be exported that the goods removed from the manufactory under bond and described in the permit Of the Collector of internal revenue . have been re- ceived by the said collector of customs, and that the Said goods were duly laden on board of a foreign- bound Vessel, naming the vessel, and that the said merchandise was entered. On the Outward manifest of Said vessel, and that the said vessel and cargo were duly Cleared from said port, and on the payment of the tax Or deficiency, if any, the bonds, which have been given or shall hereafter be required to be given under the provisions of this section shall be canceled. But when the goods are exported to an adjacent for- eign territory, by vessel or otherwise, said bonds shall be canceled upon such proofs of exportation as may be prescribed by the commissioner of Internal Reve- nue, with the approval of the Secretary of the Treas- ury. Every person who, with the intent to defraud the revenue laws of the United States, relands or causes to be relanded within the jurisdiction of the United States any manufactured tobacco, snuff, or cigars which have been shipped for exportation under the provisions. Of this act, without properly entering such tobacco, snuff, or cigars at the Custom-house, and paying the proper customs and internal-revenue tax thereon, or who receives Such relanded tobacco, Snuff, or cigars, and every person who aids or abets in such relanding or receiving such tobacco, snuff or cigars, shall, on conviction, be fined not exceeding five thou- Sand dollars, or imprisoned not more than three years, and all tobacco, Snuff, or cigars so relanded shall be forfeited to the United States. (R. S. § 3385, amended, June 9, 1880, c. 161, § 1, 21 Stat. 167, Aug. 8, 1882, c. 468, 22 Stat. 372, and Jan. 13, 1883, c. 24, 22 Stat. 402.) Upon the presentation to the collector of $ 6193. Same; transportation in bond; ex- port bond—Whenever any manufacturer of tobacco shall desire to withdraw the same from his factory for exportation under existing laws, such manufacturer may, at his option, in lieu of executing an export bond, as now provided by law, give a transportation bond, With Sureties satisfactory to the collector of internal revenue, and under Such rules and regulations as the Commissioner Of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe, condi- tioned for the due delivery thereof. On board ship at a port of exportation to be named therein; and in such Case, On arrival Of the toba CCO at the port of eXport, the exporter or owner at that port shall immediately notify the collector of the port of the fact, setting forth his intention to export the same, the name Of the vessel upon which the same is to be laden, and the port to which it is intended to be exported. He shall, after the quantity and description of tobacco have been verified by the inspector, file with the collector of the port an export entry verified by affidavit. He shall also give bond to the United States, with at least two Sureties, satisfactory to the collector of customs, conditioned that the principal named in said bond Will export the tobacco as Specified in said entry, to the port designated in said entry, or to some other port Without the jurisdiction. Of the United States. And upon the lading of such tobacco, the collector of the port, after proper bonds for the exportation of the same have been completed by the exporter or OWner at the port of shipment thereof, shall transmit to the Collector of internal revenue of the district from which the said tobacco was withdrawn for exporta- tion, a clearance certificate and a detailed report of the inspector; which report shall show the quantity and description of manufactured tobacco, and the marks thereof. Upon the receipt of the certificate and report, and upon payment of tax on deficiency, if any, the Collector of internal revenue shall cancel the trans- portation bond. The bonds required to be given for the landing at a foreign port of such manufactured tobacco shall be canceled upon the presentation of Satisfactory proof and certificates that said tobacco has been landed at the port of destination named in the bill of lading, or any other port without the juris- diction of the United States, or upon satisfactory proof that after shipment the same was lost at sea Without fault or neglect of the Owner or exporter thereof. (Feb. 8, 1875, c. 36, § 24, 18 Stat. 312.) § 6.194. Same; regulations—Manufactured to- bacco, Snuff, and cigars may be removed for export to a foreign country without payment of tax, under such regulations, and the making of such entries, and, the filing of such bonds and bills of lading as the Com- missioner of Internal Revenue, with the approval Of the Secretary of the Treasury, shall prescribe. (Aug. 4, 1886, c. 896, § 1, 24 Stat. 218.) - $ 6195. Drawback on exported tobacco, snuff, and cigars—There shall be an allowance of drawback on tobacco, Snuff, and cigars on which the tax has been paid by suitable stamps affixed thereto before removal from the place of manufacture, when the same are exported, equal in amount to the value Of the stamps found to have been so affixed; the evi- dence that the stamps were so affixed, and the amount of tax so paid, and of the subsequent exportation of the said tobacco, Snuff, and Cigars, to be ascertained un- der such regulations as shall be prescribed by the Com- missioner of Internal Revenue, and approved by the Secretary of the Treasury. Any sums found to be due under the provisions of this section shall be paid by the warrant of the Secretary of the Treasury on the Treasurer of the United States, Out Of any money arising from internal duties not otherwise appropriat- ed: Provided, That rºo claim for an allowance Of drawback shall be entertained or allowed until a Cer- tificate from the collector of customs at the port from which the goods have been exported, or Other evidence satisfactory to the Commissioner of Internal ReVenue, 3 6196 (Tit. 35 INTERNAL REVENUE [Page 984] has been furnished, that the stamps affixed to the to- bacco, Snuff, or cigars entered and cleared for export to a foreign country were totally destroyed before such clearance; nor until the claimant has filed a bond, With good and sufficient sureties, to be approved by the collector of the district from which the goods are shipped, in a penal sum double the amount of the tax for Which Said claim is made, that he will pro- Cure, within a reasonable time, evidence satisfactory to the Commissioner of Internal Revenue that said tobacco, Snuff, or cigars have been landed at any port Without the jurisdiction of the United States, or that after shipment the same were lost at sea, and have not been relanded Within the limits of the United States. (R. S. § 3386, amended, March 1, 1879, c. 125, § 16, 20 Stat. 347.) - $ 6196. Same; fraudulently claiming—If any person or persons shall fraudulently claim or seek to obtain an allowance or drawback of duties On any man- ufactured tobacco, or shall fraudulently claim any greater allowance or drawback thereon than the duty actually paid, such person or persons shall forfeit triple the amount wrongfully or fraudulently claimed or sought to be obtained, or the sum of five hundred dollars, at the election of the Secretary of the Treas- ury, to be recovered as in other cases of forfeiture provided for in the internal revenue laws. (Feb. 8, 1875, c. 36, § 25, 18 Stat. 312.) Chapter Seven—Cigars statement and bond. Sec. 6197. Manufacturer; 6.198. Same; sign. 6199. Same; record of. 6200. Same; annual inventory, book entries, and monthly ab- stracts. Statement by dealers in material. 6202. Packing cigars. . Packing cigarettes; stamps. 6203. Label and notice On Cigars. 6204. Tax on cigars and cigarettes. 6204a. Same; additional tax; retail defined; labels. 6204b. Tax on cigarette paper. 6205. Stamps; preparation, furnishing and accounting. 6206. Inspection of cigars and cigarettes. Removal without properly boxing, stamping, or brand- ing; using false stamps; cigars for export. 6208. Absence- of stamp evidence of non-payment of tax. 6209. Cigars manufactured on shares, commission, or con- tract; stamping; fraud. 62.10. Forfeitures. 6211. Imported cigars; tax; stamps. 6212. Same; selling improperly packed. 6213. Purchasing cigars not branded or stamped. 6213a. Buying cigars from manufacturer who had not paid tax. - - 6214. Stamps on emptied boxes destroyed. $ 6197. Manufacturer; statement and bond-- Every person before commencing, or, if he has already commenced, before Continuing, the manufacture of cigars, shall furnish, without previous demand there- for, to the collector of the district a statement in duplicate, under oath, setting forth the place, and, if in a city, the street and number of the Street, where the manufacture is to be carried on; and when the same are to be manufactured for, or to be sold and delivered to, any other person, the name and residence and business or occupation of the person for whom they are to be manufactured, or to whom they are to be delivered; and shall give a bond, in conformity with the provisions of this Title, in such penal sum as the Collector may require, not less than one hundred dol- lars, and the sum of said bond may be increased from time to time and additional Sureties required, at the discretion of the Collector, or under the instructions Of the Commissioner of Internal Revenue. Said bond shall be conditioned that he shall not engage in any attempt, by himself or by collusion with others, to de- fraud the Government of any tax. On his manufac- tures; that he shall render correctly all the returns, Statements, and inventories prescribed; that when- ever he shall add to the number of cigar-makers em- ployed by him he shall immediately give notice there- of to the collector of the district; that he shall stamp, in accordance with law, all cigars manufactured by him before he offers the same or any part thereof for Sale, and before he removes any part thereof from the place of manufacture; that he shall not knowingly sell, purchase, expose, or receive for sale, any cigars which have not been stamped as required by law; and that he shall comply with all the requirements of law re- lating to the manufacture of cigars. Every cigar- manufacturer Shall obtain from the collector of the district, who is hereby required to issue the same, a Certificate setting forth the number of cigar-makers for Which the bond has been given, and shall keep the Same posted in a Conspicuous place within the manu- factory; and every cigar-manufacturer who neglects Or refuses to obtain such certificate, or to keep the Same posted as hereinbefore provided, shall be fined One hundred dollars. And every person who manu- factures Cigars of any description, without first giv- ing bond as herein required, shall be fined not less than one hundred dollars nor more than five thou- Sand dollars, and imprisoned not less than three months nor more than five years. Cigarettes and cheroots Shall be held to be cigars under the meaning of this chapter. (R. S. § 3887, amended, March 1, 1879, C. 125, § 16, 20 Stat. 347, and Oct. 1, 1890, c. 1244, § 35, 26 Stat. 620.) - $ 6198. Same; sign—Every cigar-manufacturer shall place and keep on the side or end of the build- ing Within which his business is carried on, so that it can be distinctly seen, a sign, with letters thereon not less than three inches in length, painted in oil- Colors or gilded, giving his full name and business. Any person neglecting to comply with the require- ments Of this section shall, on conviction, be fined not less than One hundred dollars nor more than five hun- dred dollars. (R. S. § 3388.) . $ 6199. Same; record of—Every collector shall keep a record, in a book provided for that purpose, to be Open to the inspection of only the proper officers of internal revenue, including deputy collectors and internal-revenue agents, of the name and residence of every person engaged in the manufacture of cigars in his district, the place where such manufacture is Carried On, and the number of the manufactory; and he shall enter in said record, under the name of each manufacturer an abstract of his inventory and monthly returns; and he shall cause the several manu- facturers of cigars in the district to be numbered con- Secutively, which number shall not thereafter be Changed. (R. S. § 3389, amended, March 1, 1879, c. 125, § 16, 20 Stat. 347, and Oct. 1, 1890, c. 1244, § 34, 26 Stat. 620.) - - § 6200. Same; annual inventory, book en- tries, and monthly abstracts—Every person now or hereafter engaged in the manufacture of cigars shall make and deliver to the Collector Of the district a true inventory, in such form as may be prescribed by the Commissioner of Internal Revenue, of the quantity Of leaf toba CCO, cigars, stems, scraps, clippings, and waste, and of the number of cigar-boxes and the ca- pacity of each box, held or owned by him on the first day of January of each year, or at the time of Commencing and at the time of concluding business, if before or after the first of January; setting forth What portion and kinds of said goods were manu- factured or produced by him, and what were purchas- ed from Others, and shall verify said inventory by his oath indorsed thereon. The collector shall make per- sonal examination of the stock sufficient to satisfy himself as to the Correctness Of the inventory; and shall verify the fact of such examination by Oath to be indorsed on the inventory. Every such perSon shall also enter daily in a book, the form of which shall be prescribed by the Commissioner of Internal Revenue, an accurate account Of all the articles afore- said purchased by him, the quantity of leaf-tobacco, cigars, stems, or cigar-boxes, of whatever descrip- tion, manufactured, sold, consumed, or removed for consumption or sale, or removed from the place of manufacture; and shall, on or before the tenth day Ch. 7) # 6204 INTERNAL REVENUE [Page 985] of each and every month, furnish to the Collector of the district a true and accurate abstract from Such book, verified by his oath, of all such purchases, sales, and removals made during the month next preceding. In case of refusal or willful neglect to deliver the inventory Or keep the account, or furnish the ab- w stract aforesaid, he shall be fined not less than five hundred dollars nor more than five thousand dollars, . and imprisoned not less than six months nor more than three years. (R. S. § 3390.) § 6201. Statement by dealers in material- It shall be the duty of every dealer in leaf-tobacco Or material used in manufacturing cigars, on demand Of any officer of internal revenue, to render to such Officer a true and correct statement, under oath, of the quantity and amount of such leaf-tobacco or materials sold or delivered to any person named in Such demand, and in case of refusal or neglect to render Such statement, or if there is cause to believe Such Statement to be incorrect or fraudulent, the Col- lectOr Shall make an examination of persons, books, and papers in the manner provided in this Title in relation to frauds and evasions. (R. S. § 3391.) § 6202. Packing cigars—All cigars weighing more than three pounds per thousand shall be packed in boxes not before used for that purpose containing, respectively, five, ten, twelve, thirteen, twenty-five, fifty, One hundred, two hundred, two hundred and fifty, or five hundred cigars each; and every person who sells, or offers for sale, or delivers, or Offers to deliver, any cigars in any other form than in new boxes as above described, or who packs in any box any cigars in excess of or less than the number pro- vided by law to be put in each box, respectively, or who falsely brands any box, or affixes a stamp on any box denoting a less amount of tax than that re- Quired by law, shall be fined for each offense not more than One thousand dollars, and be imprisoned not more than two years: Provided, That nothing in this section shall be construed as preventing the sale of cigars at retail by retail dealers from boxes packed, stamped, and branded in the manner prescribed by law: Provided further, That each employee of a man- ufacturer of cigars shall be permitted to use, for personal consumption and for experimental purposes, not to exceed twenty-One cigars per week without the manufacturer of cigars being required to pack the same in boxes Or to Stamp Or pay any internal-revenue tax thereon, Such exemption to be allowed under Such rules and regulations as the Secretary Of the Treasury may prescribe: And provided further, That every manufacturer of cigarettes shall put up all the Ciga- rettes that he manufactures or has manufactured for him and sells or removes for consumption or use in packages or parcels containing five, eight, ten, fifteen, twenty, fifty, or one hundred cigarettes each, and shall securely affix to each of said packages or parcels a suitable stamp denoting the tax thereon, and Shall properly cancel the same prior to such sale or remov- al for consumption or use, under such regulations as the Commissioner of Internal Revenue shall pre- scribe; and all cigarettes imported from a foreign Country shall be packed, Stamped, and the Stamps canceled in like manner, in addition to the import stamp indicating inspection of the custom-house be- fore they are withdrawn therefrom. (R. S. § 3392, amended, March 1, 1879, c. 125, § 16, 20 Stat. 347, Oct. 1, 1890, c. 1244, § 32, 26 Stat. 619, Aug. 5, 1909, c. 6, § 32, 36 Stat. 109, and Feb. 10, 1913, c. 34, 37 Stat. 664.) § 6202a. Paeking cigarettes; stamps—Every manufacturer of cigarettes (including small cigars weighing not more than three pounds per thousand) shall put up all the cigarettes and such small cigars that he manufactures or has manufactured for him, and Sells Or removes for COnsumption or use, in pack- ages or parcels containing five, eight, ten, twelve, fif- teen, sixteen, twenty, twenty-four, forty, fifty, eighty, or one hundred cigarettes each, and shall securely affix to each of said packages or parcels a suitable stamp denoting the tax thereon and shall properly cancel the Sanne prior to such sale or removal for consump- tion Or use under such regulations as the Commis- SiOner of Internal Revenue, with the approval of the Secretary Of the Treasury, shall prescribe; and all Cigarettes imported from a foreign country shall be packed, stamped, and the stamps canceled in a like manner, in addition to the import stamp indicating inspection of the custom-house before they are with- drawn therefrom. (Oct. 3, 1917, c. 63, § 400, 40 Stat. 313.) § 6203. Label and notice on cigars—Every manufacturer of cigars shall securely affix, by past- ing On each box containing cigars manufactured by Or for him, a label, on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these words: Notice.—The manufacturer of the cigars herein con- tained has complied with all the requirements of law. Every perSOn is Cautioned not to use either this box for cigars again, Or the stamp thereon again, nor to remove the contents of this box without destroying Said stamp, under the penalties provided by law in Such cases. - Every manufacturer of Cigars who neglects to affix Such label to any box containing cigars made by or for him; or sold or offered for sale by or for him, and every person who removes any such label, SO affixed, from any such box, shall be fined fifty dollars for each box in respect to which Such Offense is Commit- ted. (R. S. § 3393, amended, March 1, 1879, c. 125, § 16, 20 Stat. 348.) § 6204. Tax on cigars and cigarettes—Upon Cigars and Cigarettes which Shall be manufactured and sold, or removed for consumption or sale, there shall be assessed and collected the following taxes, to be paid by the manufacturer thereof: On cigars of all descriptions made of tobacco or any substitute there- for and weighing more than three pounds per thou- sand, three dollars per thousand; on cigars, made of tobacco, or any substitute therefor, and weighing not more than three pounds per thousand, seventy-five cents per thousand; on cigarettes, made of tobacco, or any substitute therefor, and weighing more than three pounds per thousand, three dollars and sixty cents per thousand ; on cigarettes, made of" tobacco, Or any substitute therefor, and weighing not more than three pounds per thousand, one dollar and twenty-five cents per thousand: Provided, That all rolls of tobac- co, or any substitute therefor, wrapped with tobacco, Shall be classed as Cigars; and all rolls Of toba CCO, Or any substitute therefor, wrapped in paper or any substance other than tobacco, shall be classed as Cigarettes. And the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall provide dies and stamps for cigars weighing not more than three pounds per thousand; and for cigarettes at the rates of tax imposed by this section: Provid- ed., That such stamps shall be in denominations of five, eight, ten, fifteen, twenty, fifty, and One hundred ; and the laws and regulations governing the packing and removal for sale of cigarettes, and the affixing and canceling of the stamps on the packages thereof, shall apply to cigars weighing not more than three pounds per thousand. - No packages of manufactured tobacco, snuff, cigars, or cigarettes, prescribed by law, shall be permitted to have packed in, Or attached to, or connected with, them, nor affixed to, branded, stamped, marked, writ- ten, or printed upon them, any paper, certificate, or instrument purporting to be or represent a ticket, chance, share or interest in, or dependent upon, the event of a lottery, nor any indecent or immoral pic- ture, representation, print, or words; and any viola- tion of the provisions of this paragraph shall Subject the offender to the penalties and punishments provid- 3 6204 (Tit. 35 INTERNAL REVENUE IPage 986] ed by section thirty-four hundred and fifty-six of the Revised Statutes. (R. S. § 3394, amended, March 3, 1875, c. 127, § 2, 18 Stat. 339, July 24, 1897, c. 11, § 10, 30 Stat. 206, July 1, 1902, c. 1371, § 2, 32 Stat. 715, and Aug. 5, 1909, c. 6, § 33, 36 Stat. 110.) R. S. § 3456, is § 6358. § 6204a. Same; additional tax; retail defin- ed; labels—Upon cigars and cigarettes, which shall be manufactured and sold, or removed for consump- tion. Or sale, there shall be levied and collected, in ad- dition to the taxes now imposed by existing law, the following taxes, to be paid by the manufacturer or importer thereof: (a) on cigars of all descriptions made of tobacco, or any substitute therefor, and weigh- ing not more than three pounds per thousand, 25 cents per thousand; (b) On cigars made of tobacco, or any substitute therefor, and weighing more than three pounds per thousand, if manufactured or imported to retail at 4 Cents or more each, and not more than 7 cents each, $1 per thousand ; (c) if manufactured or imported to retail at more than 7 cents each and not more than 15 cents each, $3 per thousand; (d) if man- ufactured Or imported to retail at more than 15 cents each and not more than 20 cents each, $5 per thousand; (e) if manufactured or imported to retail at more than 20 cents each, $7 per thousand: Pro- vided, That the word “retail” as used in this section shall mean the Ordinary retail price of a single cigar, and that the Commissioner of Internal Revenue may, by regulation, require the manufacturer or importer to affix to each box or container a conspicuous label indicating by letter the clause of this section under which the Cigars therein contained have been tax- paid, which must correspond with the tax-paid stamp on said box Or Container; (f) On cigarettes made of toba CCO, Or any Substitute therefor, made in Or im- ported into the United States, and weighing not more than three pounds per thousand, 80 cents per thou- sand; weighing more than three pounds per thousand, $1.20 per thousand. (Oct. 3, 1917, c. 63, § 400, 40 Stat. 312.) . -- § 6204b. Tax on cigarette paper—There shall be levied, assessed, and collected upon cigarette paper made up into packages, books, sets, or tubes, made up in or imported into the United States and intend- ed for use by the smoker in making cigarettes the following taxes: On each package, book, or set, con- taining more than twenty-five but not more than fifty papers, One-half of 1 Cent; containing more than fifty but not more than One hundred papers, 1 Cent: containing more than one hundred papers, 1 cent for each one hundred papers or fractional part thereof; and upon tubes, 2 cents for each one hundred tubes or fractional part thereof. (Oct. 3, 1917, c. 63, § 404, 40 Stat. 314.) § 6205. Stamps; preparation, furnishing, and accounting for—The Commissioner of Internal Reve- nue shall cause to be prépared, for payment of the tax upon Cigars, suitable stamps denoting the tax thereon. Such stamps shall be furnished to Collectors requiring them, and Collectors shall, if there be any Cigar-manufacturers within their respective districts, keep on hand at all times a supply equal in amount to two months’ sales thereof, and shall sell the same only to the cigar-manufacturers who have given bonds and paid the special tax, as required by law, in their dis- tricts, respectively, and to importers of cigars, who are required to affix the same to imported cigars in the custody Of Customs officers, and to persons requir- ed by law to affix the same to cigars On hand after the first day of April, eighteen hundred and sixty-nine. Every collector shall keep an account of the num- ber, amount, and denominate values of the stamps sold by him to each cigar-manufacturer, and to other persons above described. (R. S. § 3395.) § 6206. Inspection of cigars and cigarettes— The Commissioner of Internal Revenue may prescribe such regulations for the inspection of cigars, cheroots, and Cigarettes, and the collection of the tax thereon, as he may deem most effective for the prevention of . frauds in the payment of such tax. (R. S. § 3396.) § 6207. Removal without properly boxing, stamping, or branding; using false stamps; ci- gars for export—Whenever any cigars are removed from any manufactory, or place where cigars are made, Without being packed in boxes as required by the provisions of this chapter, or without the proper Stamp thereon denoting the tax, or without stamping, indenting, burning, or impressing into each box, in a legible and durable manner, the number of the cigars COntained therein, the number of the manufactory, and the number of the district and the State, or with- Out properly affixing thereon and canceling the stamp denoting the tax on the same, or are sold, or offered for Sale, not properly boxed and stamped, they shall be forfeited to the United States. And every person Who COmmits any of the above-described offenses shall be fined for each such offense not less than one hun- dred dollars nor more than one thousand dollars, and imprisoned not less than six months nor more than tWO years. And every person who packs cigars in any box bearing a false or fraudulent or counterfeit stamp, Or Who affixes to any box containing cigars a stamp in the Similitude Or likeness of any stamp required to be used by the laws of the United States, whether the Same be a customs or internal-revenue stamp, or who buys, receives, or has in his possession any cigars on Which the tax to which they are liable has not been paid, or who removes, or causes to be removed, from any box any Stamp denoting the tax on cigars, with intent to use the same, or who uses, or permits any other person to use, any stamp so removed, or who re- Ceives, buys, Sells, gives away, or has in his posses- SiOn any stamp SO removed, or who makes any other fraudulent use of any stamp intended for cigars, or who removes from the place of manufacture any ci- gars not properly boxed and stamped as required by law, shall be deemed guilty of a felony, and shall be fined not leSS than One hundred dollars nor more than one thousand dollars, and imprisoned not less than six months nor more than three years: Provid- ed., That cigars packed expressly for export, and which shall be exported to a foreign country under the re- strictions and regulations prescribed by the Com- missioner of Internal. Revenue, and approved by the Secretary of the Treasury, shall be exempt from the provisions of this section, and also from the provi- sions of section thirty-three hundred and ninety-three of the Revised Statutes, requiring a label to be affix- ed to each box. (R. S. § 3397, amended, March 1, 1879, c. 125, § 16, 20 Stat. 348.) § 6208. Absence of stamp evidence of non- payment of tax—The absence Of the proper revenue- stamp on any box of cigars sold, or offered for sale, Or kept for sale, shall be notice to all persons that the tax has not been paid thereon, and shall be prima- facie evidence of the non-payment thereof, and such cigars shall be forfeited to the United States. (R. S. § 3398.) . - - § 6209. Cigars manufactured on shares, com- mission, or contract; stamping; fraud—Whenever Cigars Of any description are manufactured, in whole or in part, upon Commission or shares, or the material is furnished by one party and manufactured by an- other, or the material is furnished or sold by One par- ty with an understanding or agreement with another that the cigars are to be received in payment therefor, or for any part thereof, the stamps required by law shall be affixed by the actual maker before the cigars are removed from the place of manufacturing. And in case of fraud. On the part of either of said parties in respect to said manufacture, Or Of any Collusion. On their part with intent to defraud the revenue, such material and cigars shall be forfeited to the United States; and every person engaged in such fraud or collusion shall be fined not less than one hundred Ch. 7A). INTERNAL REVENUE 3 6216 - - IPage 98.71 dollars nor more than five thousand dollars, and im- || $ 6213a. Buying cigars from manufacturer prisoned for not less than six months nor more than three years. (R. S. § 3399.) § 6210. Forfeitures—Every manufacturer of cigars who removes or sells any cigars [without pay- ment of the special tax] as a cigar-manufacturer, or without having given bond as such, or Without the proper stamps denoting the tax thereon ; Or Who makes false or fraudulent entries of the manufacture or sale of any cigars; or makes false or fraudulent entries of the purchase or sale of leaf-tobacco, to- bacco-stems, or other material used in the manufac- ture of cigars; or who affixes any false, forged, Spuri- ous, fraudulent, or counterfeit stamp, or imitation of any stamp, required by law to any box containing any cigars, shall, im addition to the penalties elsewhere provided in this Title for such offenses, forfeit to the TJnited States all raw material and manufactured or partly manufactured tobacco and cigars, and all ma- Chinery, tools, implements, apparatus, fixtures, boxes, barrels, and all other materials which shall be found in his possession, or in his manufactory, and used in his business as such manufacturer, together with his estate or interest in the building or factory, and the lot or tract of ground on which such building or fac- tory is located, and all appurtenances thereunto be- longing. (R. S. § 3400.) Text in brackets superseded by abolition of special tax by Act Oct. 1, 1890, c. 1244, § 26. See § 6177. Revived by Act Oct. 22, 1914, c. 331, § 4, 38 Stat. 753, and Act Sept. 8, 1916, c. 463, § 408. See § 5980j. (R. S. § 3401. Temporary.) This 'section, imposed a penalty for falsely representing - cigars to have been made prior to July 20, 1868. It is omit- ted, as temporary merely. - § 621 1. Imported cigars; tax; starmps—All cigars imported from foreign countries shall pay, in addition to the import duties imposed thereon, the tax prescribed by law §or cigars manufactured in the United States, and Shall have the same stamps af- fixed. The stamps shall be affixed and canceled by the owner or importer of the cigars while they are in the custody of the proper custom-house officers, and the cigars shall not pass out of the custody of such of. ficers until the stamps have been So affixed and Can- celed, but shall be put up in boxes containing quanti- ties as prescribed in this chapter for cigars manufac- tured in the United States, before the stamps are af- fixed. And the owner or importer of such cigars Shall pe liable to all the penal provisions of this Title pre- Scribed for manufacturers of cigars manufactured in the United States. Whenever it is necessary to take any cigars So imported to any place other than the public stores of the United States, for the purpose of affixing and canceling such stamps, the collector of Customs of the port where such cigars are entered shall designate a bonded warehouse to which they Shall be taken, under the control of such customs of. ficer as such collector may direct. And every officer Of customs who permits any such cigars to pass out of his custody or control, without compliance by the owner or importer thereof with the provisions of this Section relating thereto, shall be deemed guilty of a misdemeanor, and shall be fined not less than one thousand dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than three years. (R. S. § 3402.) § 6212. Same; selling improperly packed—Ev- ery person who sells or offers for sale any imported Cigars, Or Cigars purporting or claimed to have been imported, not put up in packages and stamped as pro- vided by this chapter, shall be fined not less than five hundred dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years. (R. S. § 3403.) $ 6213. Purchasing cigars not branded or stamped—Every person who purchases or receives for Sale any cigars which have not been branded or Stamped according to law, shall be liable to a penalty of fifty dollars for each such offense. (R. S. § 3404.) months. who has not paid tax—Every person who purchases Or receives for sale any cigars from any manufacturer who has not paid the special tax shall be liable for each Offense to a penalty of one hundred dollars, and to a forfeiture of all the said articles so purchased Or received, or of the full value thereof. (R. S. § 3405.) - See §§ 5980j, 6177. § 6214. Stamps on emptied boxes destroyed– Whenever any stamped box containing Cigars, Che- roots, Or cigarettes, is emptied, it shall be the duty Of the person in whose hands the same is to destroy utterly the Stamps thereon. And any person Who Will- fully neglects or refuses so to do shall, for each such offense, be fined not exceeding fifty dollars and im- prisoned not less than ten days nor more than six And any person who fraudulently gives away Or accepts from another, or who sells, buys, or uses for packing Cigars, Cheroots, or Cigarettes, any Such stamped box, shall for each such offense be fined not exceeding One hundred dollars and be imprison- ed not more than one year. Any revenue officer may destroy any emptied cigar-box upon which a cigar- stamp is found. (R. S. § 3406.) Chapter Seven A—Oleomargarine, Adulterated Butter, and Process or Renovated Butter Sec. 6215. Butter defined. 6216. Oleomargarine; definition. 6217. Same; manufacturer’s statement of business, invento- ries, bonds, books, returns. 6218. Same; packing; retailing. 6219. Same; label afid notice on packages. 6220. Same; tax. 6221. Same; assessment of tax when sold without stamps. 6222. Same; imported oleomargarine. 6223. Same; purchasing when not branded or stamped. 6224. Same; purchasing from manufacturer who has not paid tax. 6225. Same; Stamps on emptied packages destroyed. 6226. Chemist and microscopist; salary; decisions. 6227. Oleomargarine; forfeiture; removal of stamp. 6228. Same; exportation; regulations. 6229. Same; fraud by manufacturer. 6230. Same; failure to comply with law. 6231. Same; recovery of fines. 6232. Same; regulations. 6233. Butter, adulterated butter, and process or renovated butter; definition. 6234. Same; manufacturer’s statement of business, invento- ries, books, returns, and signs. 6235. Adulterated butter; packing and sale. 6236. Same; label and notice on package. 6237. Tax on adulterated or renovated butter; stamps. 6238 Lº as to Oleomargarine applicable to adulterated but- €I". - 6239. Inspection of process or renovated butter; marks. 6240. Sanitary regulation of renovated butter factories. 6241. Wholesale dealers; books and returns. $ 6215. Butter defined—For the purposes of this act the word “butter” shall be understood to mean the food product usually known as butter, and which is made exclusively from milk or cream, or both, with Or without common salt, and with or with- out additional coloring matter. (Aug. 2, 1886, c. 840, § 1, 24 Stat. 209.) $ 6216. Oleomargarine; definition—For the purposes of this act certain manufactured substances, certain extracts, and certain mixtures and compounds, including such mixtures and compounds with butter, shall be known and designated as “oleomargarine,” namely: All Substances heretofore known as Oleo- margarine, OleO, OleOmargarine-oil, butterine, lardine, Suine, and neutral ; all mixtures and compounds of Oleomargarine, OleO, OleOmargarine-oil, butterine, lardine, suine, and neutral; all lard extracts and tallow extracts; and all mixtures and compounds of tallow, beef-fat, Suet, lard, lard-oil, vegetable-oil an- notto, and other Coloring matter, intestinal fat, and Offal fat made in imitation or semblance of butter, or When SO made, Calculated Or intended to be sold as butter or for butter. (Aug. 2, 1886, c. 840, § 2, 24 Stat. 209.) # 6217 (Tit.85 INTERNAL REVENUE IPage 988] § 6217. Same; maraufacturer’s statement of business, inventories, bonds, books, returns—EV- ery manufacturer of Oleomargarine shall file with the Collector Of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns of materials and products, shall put up Such Signs and affix such number of his factory, and Con- duct his business under Such surveillance of Officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may, by regulation, require. But the bond required of such manufacturer shall be with Sureties satisfac- tory to the collector of internal revenue, and in a penal Sum Of not less than five thousand dollars; and the sum of said bond may be increased from time to time, and additional Sureties required at the dis- Cretion of the collector, or under instructions of the . Commissioner of Internal Revenue. (Aug. 2, 1886, c. 840, § 5, 24 Stat. 210.) § 6218. Same; packing; retailing—All oleo- margarine shall be packed by the manufacturer there- of in firkins, tubs, or Other wooden packages not be- fore used for that purpose, each containing not less than ten pounds, and marked, stamped, and branded as the Commissioner of Internal Revenue, with the approval Of the Secretary of the Treasury, shall pre- scribe; and all sales made by manufacturers of Oleo- margarine, and wholesale dealers in OleOmargarine shall be in original stamped packages. Retail dealers in Oleomargarine must sell only from Original stamped packages, in quantities not exceeding ten pounds, and shall pack the Oleomargarine sold by them in Suitable wooden or paper packages, which shall be marked and branded as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe. Every person who knowingly sells or offers for sale, or delivers or offers to deliver, any OleOmargarine in any other form than in new wooden or paper packages as above described, Or who packs in any package any oleomargarine in any manner con- trary to law, or who falsely brands any package or af- fixes a stamp On any package denoting a less amount of tax than that required by law, shall be fined for each Offense not more than One thousand dollars, and be imprisoned not more than two years. (Aug. 2, 1886, c. 840, § 6, 24 Stat. 210.) $ 6219. Same; i.abel and notice on packages —Every manufacturer of Oleomargarine shall securely affix, by pasting, on each package containing OleOmar- garine manufactured by him, a label on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these words: - * * “Notice.—The manufacturer of the oleomargarine herein contained has complied with all the require- Iments of law. Every person is cautioned not to use ei- ther this package again or the stamp thereon again, nor to remove the contents of this package without destroying said stamp, under the penalty proVided by law in Such cases.” Every manufacturer of Oleomargarine who neglects to affix such label to any package containing oleomar- garine made by him, or sold or offered for sale by or for him, and every person who removes any such label So affixed from any such package, shall be fined fifty dollars for each package in respect to which such offense is committed. (Aug. 2, 1886, c. 840, § 7, 24 Stat. 210.) ...” § 6220. Same; tax—Upon Oleomargarine which shall be manufactured and sold, or removed for Con- Sumption or use, there shall be assessed and collected a tax of ten cents per pound, to be paid by the manu- facturer thereof; and any fractional part of a pound in a package shall be taxed as a pound: Provided, When OleOmargarine is free from artificial coloration that causes it to look like butter of any shade of yellow said tax shall be one-fourth of one cent per pound. The tax levied by this section shall be repre- sented by coupon Stamps; and the provisions of ex- Section. isting laws governing the engraving, issue, sale, ac- COUntability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by this (Aug. 2, 1886, c. 840, § 8, 24 Stat. 210, amend- ed, May 9, 1902, c. 784, § 3, 32 Stat. 194.) § 6221. Same; assessment of tax when sold without stamps—Whenever any manufacturer of oleomargarine sells, or removes for sale or consump- tion, any Oleomargarine upon which the tax is re- Quired to be paid by stamps, without the use of the proper stamps, it shall be the duty of the Commission- er Of Internal Revenue, within a period of not more than two years after such sale or removal, upon sat- isfactory proof, to estimate the amount of tax which has been omitted to be paid, and to make an assess- ment therefor and certify the same to the collector. The tax SO assessed shall be in addition to the pen- alties imposed by law for such sale or removal. (Aug. 2, 1886, c. 840, § 9, 24 Stat. 211): § 6222. Same; imported oleomargarine—All OleOmargarine imported from foreign countries shall, in addition to any import duty imposed on the same, pay an internal revenue tax of fifteen cents per pound, Such tax to be represented by coupon stamps as in the Case of OleOmargarine manufactured in the United States. The stamps shall be affixed and canceled by the owner or importer of the oleomargarine while it is in the custody of the proper custom-house officers; and the OleOmargarine shall not pass out of the cus- tody of said officers until the stamps have been so af- , fixed and canceled, but shall be put up in wooden packages, each containing not less than ten pounds, as prescribed in this act for oleomargarine manufac- tured in the United States, before the stamps are af- fixed ; and the owner or importer of such oleomar- garine shall be liable to all the penal provisions of this act prescribed for manufacturers of Oleomargarine nnanufactured in the United §s. Whenever it is necessary to take any Oleomargarine so imported to any place other than the public stores of the United States for the purpose of affixing and canceling such stamps, the collector of customs of the port where such OleOmargarine is entered shall designate a bonded warehouse to which it shall be taken, under the con- trol of such customs officer as such collector may di- rect; and every officer of customs who permits any Such OleOmargarine to pass out of his custody or con- trol without compliance by the owner or importer thereof with the provisions of this section relating thereto, shall be guilty of a misdemeanor, and shall be fined not less than one thousand dollars nor more than five thousand dollars, and imprisoned not less than six months nor more than three years. Every person who sells or offers for sale any imported oleo- Imargarine, or OleOmargarine purporting or claimed to have been imported, not put up in packages and stamped as provided by this act, shall be fined not less than five hundred dollars nor more than five thousand dollars, and be imprisoned not less than six months nor more than two years. (Aug. 2, 1886, c. 840, § 10, 24 Stat. 21.1.) - § 6223. Same; purchasing when not branded or stamped—Every person who knowingly purchases or receives for sale any oleomargarine which has not been branded or stamped according to law shall be lia- ble to a penalty of fifty dollars for each such offense. (Aug. 2, 1886, c. 840, § 11, 24 Stat. 21.1.) § 6224. Same; purchasing from manufactur- er who has not paid tax—Every person who know- ingly purchases or receives for sale any oleomarga- rine from any manufacturer who has not paid the special tax shall be liable for each offense to a pen- alty of one hundred dollars, and to a forfeiture of all articles so purchased or received, or of the full value thereof. (Aug. 2, 1886, c. 840, § 12, 24 Stat. 21.1.) § 6225. Same; stamps on emptied packages destroyed—Whenever any stamped package contain- ing oleomargarine is emptied, it shall be the duty of Ch. 7A) ź 6234 INTERNAL REVENUE [Page 989] the person in whose hands the same is to destroy ut- terly the Stamps thereon ; and any person who will- fully neglects or refuses so to do shall for each such Offense be fined not exceeding fifty dollars, and im- prisoned not less than ten days nor more than six months. And any person who fraudulently gives away or accepts from another, or who sells, buys, or uses for packing Oleomargarine, any such stamped package, shall for each such offense be fined not ex- Ceeding one hundred dollars, and be imprisoned not more than one year. Any revenue officer may destroy any emptied oleomargarine package upon which the tax-paid stamp is found. (Aug. 2, 1886, c. 840, § 13, 24 Stat. 21.1.) - § 6226. Chemists and microscopist; salary; decisions—There shall be in the Office of the Commis- Sioner of Internal Revenue an analytical chemist and a microscopist, who shall each be appointed by the Secretary of the Treasury, and shall each receive a Salary of two thousand five hundred dollars per an- num ; and the Commissioner of Internal Revenue may, Whenever in his judgment the necessities of the Serv- ice SO require, employ chemists and microscopists, to be paid such compensation as he may deem prop- er, not exceeding in the aggregate any appropriation made for that purpose. And such Commissioner is all thorized to decide what substances, extracts, mix- tures, or compounds which may be submitted for his inspection in contested cases are to be taxed under this act; and his decision in matters of taxation un- der this act shall be final. The Commissioner may also decide whether any substance made in imitation Or semblance of butter, and intended for human Con- Sumption, contains ingredients deleterious to the pub- lic health; but in Case of doubt or contest his deci- Sions in this class of cases may be appealed from to a board hereby constituted for the purpose, and Com- posed of the Surgeon-General of the Army, the Sur- geon-General Of the Navy, and the Commissioner of Agriculture; and the decisions of this board shall be final in the premises. (Aug. 2, 1886, c. 840, § 14, 24 Stat. 212.) § 6227. Oleomargarine; forfeiture; removal of stamp—All packages of Oleomargarine subject to tax under this act, that shall be found without stamps or marks as herein provided, and all oleomargarine in- tended for human consumption which contains ingre- . dients adjudged, as hereinbefore provided, to be dele- terious to the public health, shall be forfeited to the TJnited States. Any person who shall willfully re- move or deface the stamps, marks, or brands on pack- age containing Oleomargarine taxed as provided here- in shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dol- lars nor more than two thousand dollars, and by im- prisonment for not less than thirty days nor more than Six months. 212.) - § 6228. Same; exportation; regulations—Ole- Omargarine may be removed from the place of manu- facture for export to a foreign country without pay- ment of tax or affixing stamps thereto, under such reg- ulations and the filing of such bonds and other securi- ty as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may pre- scribe. Every person who shall export oleomargarine shall brand upon every tub, firkin, or other package containing such article the word “oleomargarine,” in plain Roman letters not less than one-half inch square. (Aug. 2, 1886, c. 840, § 16, 24 Stat. 212.) § 6229. Same; fraud by manufacturer—When- ever any person engaged in carrying on the business of manufacturing OleOmargarine defrauds, or attempts to defraud, the United States Of the tax on the Oleo- margarine produced by him, or any part thereof, he shall forfeit the factory and manufacturing apparatus used by him, and all oleomargarine and all raw ma- terial for the production of oleomargarine found in the factory and on the factory premises, and shall be tities of water, milk, or Cream : (Aug. 2, 1886, c. 840, § 15, 24 Stat. fined not less than five hundred dollars nor more than five thousand dollars, and be imprisoned not less than Six months nor more than three years. c. 840, § 17, 24 Stat. 212.) § 6230. Same; failure to comply with law- If any manufacturer of Oleomargarine, any dealer therein or any importer or exporter thereof shall knowingly or willfully omit, neglect, or refuse to do, or cause to be done, any of the things required by law in the carrying on or conducting of his busineSS, Or shall do anything by this act prohibited, if there be no specific penalty or punishment imposed by any other section of this act for the neglecting, Omitting, or refusing to do, or for the doing or causing to be done, the thing required or prohibited, he shall pay a penalty of one thousand dollars; and if the person so offending be the manufacturer of or a wholesale. dealer in Oleomargarine, all the Oleomargarine Owned by him, or in which he has any interest as Owner, shall be forfeited to the United States. (Aug. 2, 1886, C. 840, § 18, 24 Stat. 212.) § 6231. Same; recovery of fines—All fines, pen- alties, and forfeitures imposed by this act may be recovered in any court of competent jurisdiction. (Aug. 2, 1886, c. 840, § 19, 24 Stat. 212.) § 6232. Same; regulations—The Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, may make all needful regula- tions for the carrying into effect of this act. (Aug. 2, 1886, c. 840, § 20, 24 Stat. 212.) * § 6233. Butter, adulterated butter, and pro- cess or renovated butter; definition—FOr the pur- pose of this Act “butter” is hereby defined to mean an article of food as defined in “An Act defining but- ter, also imposing a tax upon and regulating the man- ufacture, sale, importation, and exportation of OleO- margarine,” approved August second, eighteen hun- dred and eighty-six; that “adulterated butter” is . hereby defined to mean a grade of butter produced by mixing, reworking, rechurning in milk Or Cream, refining, or in any way producing a uniform, purified, or improved product from different lots or parcels Of melted or unmelted butter or butter fat, in which any acid, all-ali, chemical, or any substance whatever is introduced or used for the purpose or with the ef- fect of deodorizing or removing therefrom rancidity, or any butter or butter fat with which there is mix- ed any substance foreign to butter as herein defined, with intent Or effect Of cheapening in COst the product or any butter in the manufacture or manipulation Of which any process or material is used with intent or effect of causing the absorption of abnormal quan- that “process but- . ter” or “renovated butter” is hereby defined to mean butter which has been subjected to any process by which it is melted, clarified or refined and made to resemble genuine butter, always excepting “adulterat- ed butter” as defined by this Act. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) § 6234. Same; manufacturer’s statement of business, inventories, books, returns, and signs —Every manufacturer of process or renovated but- ter Or adulterated butter shall file with the Collector Of internal revenue Of the district in which his manu- factory is located such notices, inventories, and bonds, shall keep such books and render such returns of material and products, Shall put up such Signs and affix such number of his factory, and conduct his business under such Surveillance of Officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require. But the bond required of Such manufacturer shall be with Sureties Satis- factory to the collector of internal revenue, and in a penal sum of not less than five hundred dollars; and the sum of said bond may be increased from time to time and additional Sureties required at the discre- tion of the collector or under instructions of the Com- (Aug. 2, 1886, & 6235 (Tit. 35 INTERNAL REVENUE missioner of Internal Revenue. § 4, 32 Stat. 194.) § 6235. Adulterated butter; packing and sale —All adulterated butter shall be packed by the man- ufacturer thereof in firkins, tubs, or other Wooden packages not before used for that purpose, each Con- taining not less than ten pounds, and marked, Stamp- ed, and branded as the Commissioner of Internal ReV- enue, with the approval of the Secretary Of the Treasury, shall prescribe; and all sales made by man- ufacturers of adulterated butter shall be in original stamped packages. Dealers in adulterated butter must sell only orig- inal or from original stamped packages, and When such original stamped packages are broken the adul- terated butter sold from same shall be placed in suit- able wooden or paper packages, which shall be mark- ed and branded as the Commissioner of Internal ReV- enue, with the approval of the Secretary Of the Treas- ury, shall prescribe. Every person who knowingly sells or offers for Sale, or delivers or offers to deliv- er, any adulterated butter in any other form than in new wooden or paper packages as above described, or who packs in any package any adulterated butter in any manner contrary to law, or who falsely brands any package or affixes a stamp On any package de- noting a less amount of tax than that required by law, shall be fined for each offense not more than One thousand dollars and be imprisoned not more than two years. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) - § 6236. Same; label and notice on package— Every manufacturer of adulterated butter shall Se- curely affix, by pasting, on each package Containing adulterated butter manufactured by him a label On which shall be printed, besides the number of the (May 9, 1902, c. 784, manufactory and the district and State in which it is situated, these words: “Notice.—That the manu- facturer Of the adulterated butter herein COntained has complied with all the requirements of law. EV- ery person is cautioned not to use either this pack- age again or the stamp thereon, nor to remove the contents of this package without destroying Said stamp, under the penalty provided by law in such cases.” Every manufacturer of adulterated butter who neglects to affix such label to any package con- taining adulterated butter made by him, Or SOld Or offered for sale for or by him, and every person who removes any such label so affixed from any such pack- age shall be fined fifty dollars for each package in respect to which such offense is committed. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) § 623?. Tax on adulterated or renovated but- ter; staxmps—Upon adulterated butter, when manu- factured or sold or removed for consumption or use, there shall be assessed and Collected a tax of ten cents per pound, to be paid by the manufacturer thereof, and any fractional part Of a pound shall be taxed as a pound, and that upon process or renovated butter, When manufactured Or Sold Or removed for Consump- tion Or use, there shall be assessed and Collected a tax of one-fourth of one cent per pound, to be paid by the manufacturer thereof, and any fractional part of a pound shall be taxed as a pound. The tax to be levied by this section shall be represented by Coupon stamps, and the provisions of existing laws govern- ing engraving, issuing, sale, Zaccountability, efface- ment, and destruction of Stamps relating to toba CCO and Snuff, as far as applicable, are hereby made to apply to the stamps provided by this section. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) § 6238. Law as to oleomargarine applicable to adulterated butter—The provisions of sections nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, and twenty-one of “An Act defining butter, also imposing a tax upon and regulating the manufacture, sale, im- portation, and exportation of Oleomargarine,” approv- [Page 9901 ed August second, eighteen hundred and eighty-six, shall apply to manufacturers of “adulterated butter” to an extent necessary to enforce the marking, brand- ing, identification, and regulation of the exportation and importation of adulterated butter. (May 9, 1902, c. 784, § 4, 32 Stat. 194.) - See §§ 6221-6232. § 6239. Inspection of process or renovated butter; marks—All parts of an Act providing for an inspection of meats for exportation, approved All- gust thirtieth, eighteen hundred and ninety, and of an Act to provide for the inspection of live cattle, hogs, and the carcasses and products thereof which are the subjects of interstate Commerce, approved March third, eighteen hundred and ninety-One, and Of amendment thereto approved March second, eight- een hundred and ninety-five, which are applicable. to the subjects and purposes described in this Sec- tion shall apply to process or renovated butter. And the Secretary of Agriculture is hereby authorized and required to Cause a rigid sanitary inspection to be made, at Such times as he may deem proper Or nec- essary, Of all factories and storehouses where pro- Cess Or renovated butter is manufactured, packed, or prepared for market, and of the products thereof and materials going into the manufacture of the same. All process or renovated butter and the packages Con- taining the same shall be marked with the words “Renovated Butter” Or “Process Butter” and by Such Other marks, labels, or brands and in such manner as may be prescribed by the Secretary of Agriculture, and no process or renovated butter shall be shipped Or transported from its place of manufacture into any other State or Territory or the District of Columbia, Or to any foreign country, until it has been marked as provided in this Section. The Secretary Of Agri- Culture Shall make all needful regulations for Car- rying this section into effect, and shall cause to be ascertained and reported from time to time the quan- tity and quality of process or renovated butter man- ufactured, and the character and the condition of the material from which it is made. And he shall also have power to ascertain whether or not materials used in the manufacture Of Said process Or renovat- ed butter are deleterious to health Or unwholesome in the finished product, and in case such deleterious Or unwholesome materials are found to be used in product intended for exportation or shipment into other States or in course of exportation or shipment he shall have power to confiscate the same. Any per- Son, firm, Or Corporation violating any Of the provi- Sions of this section shall be deemed guilty of a mis- demeanor and On Conviction thereOf Shall be punish- ed by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment not less than one month nor more than six months, or by both said punishments, in the discretion of the court. (May 9, 1902, c. 784, § 5, 32 Stat. 196.) $ 6240. Sanitary regulation of renovated but- ter factories—The Sanitary provisions for slaugh- tering, meat canning, or similar establishments, as set forth in the Act of June thirtieth, nineteen hun- dred and six (Thirty-fourth Statutes, page six hun- dred and seventy-six), are hereby extended to COVer renovated butter factories as defined in the Act Of May ninth, nineteen hundred and two (Thirty-second Statutes, page one hundred and ninety-six), under Such regulations as the Secretary of Agriculture may prescribe. (Aug. 10, 1912, c. 284, 37 Stat. 273.) See §§ 6233-6239, 8681. - § 6241. Wholesale dealers; books and returns —Wholesale dealers in OleOmargarine, process, reno- vated, or adulterated butter shall keep Such books and render such returns in relation thereto as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, may, by regulation, require; and such books shall be open at all times to the inspection of any internal-revenue officer or agent. And any person Who Willfully Vio- Ch. 7B) 3 6249 INTERNAL REVENUE [Page 991] lates any of the provisions of this section shall for each Such Offense be fined not less than fifty dollars and not exceeding five hundred dollars, and imprison- ed not less than thirty days nor more than Six months. (May 9, 1902, c. 784, § 6, 32 Stat. 197.) Chapter Seven B–Filled Cheese Sec. . 6242. Cheese defined. 6243. Filled cheese; definition. - 6244. Same; manufacturer’s statement of business, tory, bonds, books, returns. 6245. Same; packing and retailing. 6246. Same; dealers’ signs. 6247. Same; label and notice on packages. 6248. Same; tax. - 6249. Same; assessment of tax on cheese sold without stamps. 6250. Same; imported cheese. 6251. Same; purchasing cheese not branded or stamped. 6252. sº purchasing from manufacturer who has not paid ax. 6253. Same; Stamps on emptied packages destroyed. 6254. Same; tests if deleterious to health. 6255. Same; forfeiture of unstamped or deleterious cheese. 6256. Same; recovery of fines. 6257. Same; regulations. § 6242. Act, the word “Cheese” shall be understood to mean the food product known as cheese, and which is made from milk or cream and without the addition of but- ter, Or any animal, vegetable, or other Oils or fats foreign to such milk or cream, with or without addi- tional Coloring matter. (June 6, 1896, c. 337, § 1, 29 Stat. 253.) § 6243. Filled cheese; definition—For the pur- poses Of this Act certain substances and compounds Shall be known and designated as “filled cheese,” namely: All Substances made of milk or skimmed milk, with the admixture of butter, animal oils or fats, Vegetable or any other oils, or compounds for- eign to such milk, and made in imitation or sem- blance of cheese. (June 6, 1896, c. 337, § 2, 29 Stat. 253.) § 6244. Same; manufacturer’s statement of business, inventory, bonds, books, returns—Every manufacturer of filled Cheese shall file With the COl- lector Of internal revenue Of the district, in which, his manufactory is located Such notices, inventories, and bonds, shall keep such books and render Such returns of materials and products, shall put up such signs and affix such number to his factory, and con- duct his business under Such Surveillance Of Officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require. But the bond required Of Such manufacturer shall be with Sureties Satis- factory to the collector of internal revenue, and in a penal sum of not less than five thousand dollars; and the amount Of Said bond may be increased from time to time, and additional sureties required, at the discretion of the collector or under instructions of the Commissioner of Internal Revenue. Any manu- inven- facturer of filled cheese who fails to comply with the provisions of this section or with the regulations here- in authorized, shall be deemed guilty Of a misde- meanor and upon conviction thereof shall be fined not less than five hundred nor more than One thousand dollars. (June 6, 1896, c. 337, § 5, 29 Stat. 254.) $ 6245. Same; packing and retailing—Filled Cheese shall be packed by the manufacturers in wood- en packages only, not before used for that purpose, and marked, Stamped, and branded with the words “filled Cheese” in black-faced letters not leSS than two inches in length, in a circle in the Center Of the top and bottom of the cheese; and in black-faced let- ters Of not leSS than two inches in length, in line from the top to the bottom of the cheese. On the side in four places equidistant from each other; and the package containing such Cheese shall be marked in the same manner, and in the same number of places, Cheese defined—For the purposes of this and in the same description of letters, as above provid- ed for the marking of the cheese; and all sales or COnSignments made by manufacturers of filled cheese to Wholesale dealers in filled cheese or to exporters of filled cheese shall be in original stamped pack- ages. Retail dealers in filled cheese shall sell only from Original Stamped packages, and shall pack the filled cheese when sold in suitable wooden or paper packages, which shall be marked and branded in ac- COrdance with rules and regulations to be prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. Every perSOn Who knowingly Sells Or Offers to Sell, Or de- livers Or offers to deliver, filled cheese in any other form than in new wooden or paper packages, marked and branded as hereinbefore provided and as above . described, or who packs in any package or packages filled cheese in any manner contrary to law, or who falsely brands any package or affixes a stamp On, any package denoting a less amount Of tax than that required by law, shall upon conviction thereof be fined for each and every offense not less than fifty dollars and not more than five hundred dollars or be imprisoned not less than thirty days nor more § One year. (June 6, 1896, c. 337, § 6, 29 Stat. $ 6246. Same; dealers’ signs—All retail and Wholesale dealers in filled cheese shall display in a COnSpicuous place in his or their sales room a sign. bearing the words “Filled cheese sold here” in black- faced letters not less than six inches in length, upon a White ground, with the name and number of the revenue district in which his or their business is Con- ducted; and any wholesale or retail dealer in filled Cheese Who fails or neglects to comply with the pro- Visions of this section shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined for each and every offense not less than fifty dollars and not more than two hundred dollars. (June 6, 1896, c. 337, § 7, 29 Stat. 255.) $ 6247. Same; label and notice on packages— Every manufacturer of filled cheese shall securely affix, by pasting on each package containing, filled Cheese manufactured by him, a label on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these WOrds: - “Notice.—The manufacturer of the filled cheese herein Contained has Complied with all the require- ments of the law. Every person is cautioned not to use either this package again Or the stamp there- On again, nor to remove the COntents Of this package without destroying said stamp, under the penalty pro- vided by law in such cases.” - Every manufacturer of filled cheese who neglects to affix such label to any package Containing filled cheese made by him or sold or offered for sale by Or for him, and every person who removes any such label SO affixed from any such package, Shall be fined fifty dollars for each package in respect to which Such offense is committed. (June 6, 1896, c. 337, § 8, 29 Stat. 255.) $ 6248. Same; tax—Upon all filled cheese which shall be manufactured there shall be assessed and collected a tax of One Cent per pound, to be paid by the manufacturer thereof; and any fractional part of a pound in a package shall be taxed as a pound. The tax levied by this section shall be represented by coupon stamps; and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by this sec- tion. (June 6, 1896, c. 337, § 9, 29 Stat. 255.) § 6249. Same; assessment of tax on cheese sold without stamps—Whenever any manufacturer of filled cheese sells or removes for sale or consump- 3 6250 (Tit. 35 INTERNAL REVENUE IIPage 992] tion any filled cheese upon which the tax is required to be paid by stamps, Without paying Such tax, it shall be the duty Of the Commissioner . Of Internal Revenue, within a period of not more than two years after such sale or removal, upon satisfactory proof, to estimate the amount of tax which has been omitted to be paid and to make an assessment therefor and Certify the same to the Collector. The tax SO as- sessed shall be in addition to the penalties imposed by law for such sale or removal. (June 6, 1896, c. 337, § 10, 29 Stat. 255.) . . § 6250. Same; imported cheese–All filled Cheese as herein defined imported from foreign countries shall, in addition to any import duty imposed on the Same, pay an internal-revenue tax of eight CentS per pound, Such tax to be represented by coupon Stamps : and such imported filled cheese and the packageS Containing the same shall be stamped, marked, and branded, as in the case of filled cheese manufactured in the United States. (June 6, 1896, c. 337, § 11, 29 Stat. 255.) - § 6251. Same; purchasing cheese not branded or stamped—Any person who knowingly purchases or receives for sale any filled cheese which has not been branded or stamped according to law, or which is contained in packages not branded or marked a C- cording to law, shall be liable to a penalty of fifty dollars for each such offense. (June 6, 1896, c. 337, § 12, 29 Stat. 256.) § 6252. Same; purchasing from manufacturer who has not paid tax—Every person who knowing- ly purchases or receives for sale any filled Cheese from any manufacturer or importer who has not paid the special tax herein provided for shall be liable, for each offense, to a penalty of One hundred dollars and to a forfeiture of all articles so purchased Or received, or of the full value thereof. (June 6, 1896, c. 337, § 13, 29 Stat. 256.) § 6253. Same; stamps on emptied packages destroyed—Whenever any stamped package COntain- ing filled cheese is emptied it shall be the duty Of the person in whose hands the same is to destroy the stamps thereon ; and any person who willfully neglects or refuses so to do shall, for each Such Of- fense, be fined not exceeding fifty dollars or impris- oned not less than ten days nor more than six months. (June 6, 1896, c. 337, § 14, 29 Stat. 256.) - § 6254. Same; tests if deleterious to health— The Commissioner of Internal Revenue is authorized to have applied scientific tests, and to decide wheth- er any substances used in the manufacture of filled cheese contain ingredients deleterious to health. But in Case of doubt or contest his decision in this Class of cases may be appealed from to a board hereby constituted for the purpose, and composed Of the Surgeon-General of the Army, the Surgeon-General of the Navy, and the Secretary of Agriculture, and the decision Of this board shall be final in the prem- ises. (June 6, 1896, c. 337, § 15, 29 Stat. 256.) § 6255. Same; forfeiture of unstamped or del- eterious cheese–All packages of filled Cheese Sub- ject. to tax under this Act shall be found without stamps or marks as herein provided, and all filled cheese intended for human Consumption which COn- tains ingredients adjudged as hereinbefore provided to be deleterious to the public health, shall be for- feited to the United States. (June 6, 1896, c. 337, § 16, 29 Stat. 256.) - § 6256. Same; recovery of fines—All fines, pen- alties, and forfeitures imposed by this Act may be recovered in any COurt Of COmpetent jurisdiction. . (June 6, 1896, c. 337, § 17, 29 Stat. 256.) § 6257. Same; regulations—The Commissioner Of Internal Revenue, with the approval Of the Sec- retary of the Treasury, shall make all needful regu- lations for the carrying into effect the provisions of this Act. (June 6, 1896, c. 337, § 18, 29 Stat. 256.) S Chapter Seven C–Mixed Flour 6258. Mixed flour defined. - 6259. Branding packages; inserting card showing contents. 6260. How put up and retailed. 6261. Label and notice on packages. 6262. Tax. - 6263. Assessment of tax on flour sold without stamps. 6264. Imported mixed flour. - 6265. Purchasing from manufacturer who has not paid tax. 6266. Exportation. 6267. Stamps on emptied packages destroyed. 6268. Recovery of fines. 6269. Regulations; employment of additional agents. - 6270. Penalty for second offense. § 6258. Mixed flour defined—For the purposes of this Act, the words “mixed flour” shall be taken and construed to mean the food product resulting from the grinding or mixing together of wheat, or Wheat flour, as the principal COnstituent in quantity, with any other grain, or the product of any other grain, or Other material, except such material, and not the product of any grain, as is commonly used for baking purposes: Provided, That when the prod- uct resulting from the grinding or mixing together of wheat or wheat flour with any other grain, or the product of any other grain, of which wheat or wheat flour is not the principal constituent as specified in the foregoing definition, is intended for sale, or is sold, or offered for sale as wheat flour, such product shall be held to be mixed flour within the meaning Of this Act. (June 13, 1898, c. 448, § 35, 30 Stat. 467, amended, March 2, 1901, c. 806, § 13, 31 Stat. 949, and April 12, 1902, c. 500, § 9, 32 Stat. 99.) § 6259. Branding packages; inserting card showing contents—Every person, firm, Or COrpOra- tion making, packing, or repacking mixed flour shall plainly mark or brand each package containing the same with the words “mixed flour” in plain black letters not less than two inches in length, together with the true weight of such package, the names of the ingredients composing the same, the name of the maker or packer, and the place where made or packed. In addition thereto, such maker Or packer shall place in each package a card not smallér than two inches in width by three inches in length, upon which shall be printed the words “mixed flour,” together with the names of the ingredients composing the same, and the name of the maker Or packer, and the place where made or packed. Any person, firm, or corporation making, packing, or repacking mixed flour hereunder, failing to comply with the provisions of this section, shall be deemed guilty of a misde- meanor, and upon conviction shall be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, Or be im- prisoned not less than sixty days nor more than one year. (June 13, 1898, c. 448, § 37, 30 Stat. 467.) § 6260. How put up, and retailed—All sales and consignments of mixed flour shall be in packages not before used for that purpose; and every person, firm, or corporation knowingly selling Or offering for Sale any mixed flour in Other than marked and brand- ed packages, as required by the provisions of this Act relating to the manufacture and sale of mixed flour, or who packs in any package or packages any mixed flour in any manner contrary to the provisions relating to the manufacture and sale of mixed flour of this Act, or who falsely marks or brands any pack- age or packages containing mixed flour, Or unlawfully removes Such marks Or brands, shall, for each Such Offense, be punished by a fine Of not less than two hundred and fifty dollars and not more than five hun- dred dollars, or by imprisonment not less than thirty days nor more than one year. (June 13, 1898, c. 448, § 38, 30 Stat. 468.) § 6261. Label and notice on packages–In ad- dition to the branding and marking of mixed flour as herein provided, there shall be affixed to the pack- clerks and Ch. 7c) 3 6270 INTERNAL REVENUE ages containing the same a label in the following WOrdS: “Notice.—The (manufacturer or packer, as the case may be) of the mixed flour herein contained has Com- plied with all the requirements of law. Every person is cautioned not to use this package or label again or to remove the contents without destroying the revenue stamp thereon, under the penalty prescribed by law in such cases.” Every person, firm, or corporation failing or neg- lecting to affix such label to any package containing mixed flour made or packed by him or them, Or Who removes from any such package any label so affixed, shall, upon conviction thereof, be fined not less than fifty dollars for each label so removed. (June 13, 1898, c. 448, § 39, 30 Stat. 468.) $ § 6262. Tax—Barrels or other packages in which mixed flour may be packed shall contain not to ex- ceed One hundred and ninety-six pounds; that upon the manufacture and sale of mixed flour there shall be levied a tax of four cents per barrel or Other package containing one hundred and ninety-six pounds or more than ninety-eight pounds; two cents on every half barrel or other package containing ninety-eight pounds or more than forty-nine pounds; one cent on every quarter barrel or other package containing forty-nine pounds or more than twenty-four and One- half pounds; and one-half cent on every One-eighth barrel or other package containing twenty-four and a half pounds or less, to be paid by the person, firm, or corporation making or packing said flour. The tax levied by this section shall be represented by coupon stamps, and the provisions of existing laws governing the engraving, issue, Sale, accountability, effacement, and destruction of stamps relating to to- bacco and snuff shall, so far as applicable, be made to apply to stamps provided in this section: Provided, That when mixed flour, On the manufacture and sale of which the tax herein imposed has been paid, is sold and then repacked without the addition of any Other material, such repacked flour shall not be liable to any additional tax; but the packages containing such repacked flour shall be branded or marked as required by the provisions of section thirty-seven of this Act, and shall contain the card provided for in section thirty-seven hereof; and in addition there- to the person, firm, or corporation repacking mixed flour shall place On the packages COntaining the same a label in the following words: - - “Notice.—The contents of this package have been taken from a regular statutory package, upon which the tax has been duly paid.” Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or by im- prisonment not to exceed one year. c. 448, § 40, 30 Stat. 468.) - See § 6259. * § 6263. Assessment of tax on flour sold with- out stamps—Whenever any person, firm, Or COrpOra- tion sells, consigns, or removes for sale, consignment, or consumption any mixed flour upon which the tax required by this Act has not been paid, it shall be the duty of the Commissioner of Internal Revenue, for a period of not more than One year after such sale, consignment, or removal, upon satisfactory proof, to estimate the amount Of tax which should have been paid, and to make an assessment therefor and certify the same to the collector of the proper dis- trict. The tax SO assessed shall be in addition to the penalties imposed by this Act for an unauthorized sale or removal. (June 13, 1898, c. 448, § 41, 30 Stat. 469.) § 6264. Imported mixed flour—All mixed flours, imported from foreign Countries, shall, in addition to any import duties imposed thereon, pay an internal revenue tax equal in amount to the tax imposed un- COMP. S.T.’18—63 [Page 993] (June 13, 1898, der section forty of this Act, such tax to be repre- sented by coupon stamps, and the packages COntain- ing such imported mixed flour shall be marked, brand. ed, labeled, and stamped as in the case of mixed flour made or packed in the United States. Any per- son, firm, or corporation purchasing or receiving for sale or repacking any such mixed flour which has not been branded, labeled, or stamped, as required by this Act, or which is contained in packages Which have not been marked, branded, labeled, or Stamped, as required by this Act, shall, upon conviction, be fined not less than fifty dollars nor more than five hundred dollars. (June 13, 1898, c. 448, § 42, 30 Stat. 469.) . . - § 6265. Purchasing from manufacturer who has not paid tax—Any person, firm, Or Corporation knowingly purchasing or receiving for sale or for repacking and resale any mixed flour from any maker, packer, or importer, who has not paid the tax here- in provided, shall, for each offense, be fined not leSS than fifty dollars, and forfeit to the United States all the articles so purchased or received, or the full value thereof. (June 13, 1898, c. 448, § 43, 30 Stat. 469.) § 6266. Exportation—Mixed flour may be re- moved from the place of manufacture Or from the place where packed for export to a foreign country without payment of tax or affixing stamps or label thereto, under such regulation and the filing Of Such bond and other security as the Commissioner Of In- ternal Revenue, with the approval of the Secretary. of the Treasury, may prescribe. Every perSon, firm, or corporation who shall export mixed flour shäll plainly mark on each package containing the same the words “mixed flour,” and the names of the in- gredients composing the same, the name of the maker or packer, and the place where made Or packed, in accordance with the provisions of sections thirty-six to forty-five, inclusive, of this Act. (June 13, 1898, c. 448, § 44, 30 Stat. 469.) . § 6267. Stamps on emptied packages destroy- ed—Whenever any package containing mixed flour is emptied it shall be the duty of the person in whose: possession it is to destroy the stamp thereon. Any person disposing of such package without first hav- ing destroyed the stamp or mark Or marks thereon shall, upon conviction, be punished by a fine not ex- ceeding the sum of twenty-five dollars. (June 13, 1898, c. 448, § 45, 30 Stat. 469.) - § 6268. Recovery of fines—All fines, penalties, and forfeitures imposed by section thirty-six to sec- tion forty-five, both inclusive, of this Act may be re- covered in any court of competent jurisdiction. (June 13, 1898, c. 448, § 46, 30 Stat. 469.) § 6269. Regulations; employment of addi- tional clerks and agents—The Commissioner of In- ternal Revenue, with the approval of the Secretary of the Treasury, shall make all needful rules and regu- lations for carrying into effect the provisions relating . to the manufacture and Sale of mixed flour, being sec- tion thirty-five to section forty-nine, both inclusive, of this Act, and the said Commissioner of Internal Rev- enue, by and with the approval of the Secretary of the Treasury, for the purpose of carrying said last-men- tioned provisions of this Act into effect, is hereby au- thorized to employ such additional Clerks and agents as may be necessary for that purpose, not to exceed twenty in number. (June 13, 1898, c. 448, § 47, 30 Stat. 469.) § 6270. Penalty for second offense—Any per- son, firm, or corporation found guilty of a second or any Subsequent Violation of any of the provisions of section thirty-six to section forty-five, both inclusive, relating to the manufacture and sale of mixed flour as aforesaid, of this Act shall, in addition to the penal- ties herein imposed, be imprisoned not less than thir- ty days nor more than ninety days. (June 13, 1898, c. 448, § 48, 30 Stat. 470.) & 6271 (Tit. 35 INTERNAL REVENUE [Page 994I Chapter Seven D—White Phosphorus Matches Sec. 6271. White phosphorus defined. 6272. Manufacturer to register; books; returns; bond. 6273. Packages and tax; Stamps; penalty. 6274. Selling unstamped matches. 6275. Affixing insufficient stamp. 6276. Remcval, defacement, or reuse of stamps. 6277. Fraud; forfeiture. 6278. Stamps; preparation, furnishing and accounting for. 6279. Assessment of tax on matches sold without stamps. 6280. Importation of matches. 6281. Exportation of matches. 6282. Factory number, label, and notice on packages.. 6283. Penalty for omissions and for acts forbidden. . 6284. Recovery of fines. - 6285. Regulations 6286. Laws applicable. * 6287. Time of taking effect of act. § 6271. White phosphorus defined—For the purposes of this Act the words “white phosphorus” shall be understood to mean the Common poisonous white or yellow phosphorus used in the manufacture Of matches and not to include the nonpoisonous forms or the nonpoisonous compounds of white or yellow phosphorus. (April 9, 1912, c. 75, § 1, 37 Stat. 81.) § 6272. Manufacturer to register; books; returns; bornd—Every manufacturer of white phos- phorus matches shall register with the Collector of internal revenue of the district his name or style, place of manufactory, and the place where such busi- ness is to be carried. On ; and a failure to register as herein provided and required shall subject such per- son to a penalty of not more than five hundred dol- lars. Every manufacturer of white phosphorus match- es shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep Such books and render such returns in relation to the business, shall put up such signs and affix Such number to his factory, and conduct his business under such surveil- lance of Officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may, by regulation, require. The bond required of such manufacturer shall be with Sureties satisfactory to the Collector of internal rev- enue and in the penal sum Of not less than One thou- Sand dollars; and the sum of said bond may be in- creased from time to time and additional Sureties re- quired at the discretion of the collector or under in- Structions Of the Commissioner Of Internal ReVenue. (April 9, 1912, c. 75, § 2, 37 Stat. 81.) § 6273. Packages and tax; stamps; penalty— All white phosphorus matches shall be packed by the manufacturer thereof in packages containing One hun- dred, two hundred, five hundred, one thousand, or one thousand five hundred matches each, which shall then be packed by the manufacturer in packages contain- ing not less than fourteen thousand four hundred matches, and upon white phosphorus matches manu- factured, sold, or removed there shall be levied and collected a tax at the rate of two cents per one hun- dred matches, which shall be represented by adhesive stamps, and this tax shall be paid by the manufactur- er thereof, who shall affix to every package contain- ing one hundred, two hundred, five hundred, one thou- sand, or One thousand five hundred matches such stamp of the required value and shall place thereon the initials of his name and the date On which such stamp is affixed, so that the same may not again be used. Every person who fraudulently makes use of an adhesive stamp to denote any tax imposed by this section without so effectually canceling such stamp shall forfeit the sum of fifty dollars for every stamp in respect to which such offense is committed. (April 9, 1912, c. 75, § 3, 37 Stat. 81.) § 6274. Seiling unstamped matches—Every manufacturer of matches who manufactures, sells, re- moves, distributes, or offers to sell or distribute white phosphorus matches without there being affixed there- to an adhesive stamp, denoting the tax required by this Act, effectually canceled as provided by the pre- ceding section, shall for each offense be fined not more than one thousand dollars and be imprisoned not more than two years. Every manufacturer of match- eS Who, to evade the tax chargeable thereon or any part thereof, hides or conceals, or causes to be hid- Öen Or concealed, or removes or conveys away, or de- posits or causes to be removed or conveyed away from Or deposited in any place any white phosphorus matches, shall for each offense be fined not more than One thousand dollars and be imprisoned not more than two years, or both, and all such matches shall be for- feited. (April 9, 1912, c. 75, § 4, 37 Stat. 82.) § 6275. Affixing insufficient stamp—Every per- SOn Who affixes a stamp on any package of white phos- phorus matches denoting a less amount of tax than that required by law shall for each Offense be fined Ilot more than one thousand dollars or be imprisoned not more than two years, or both. (April 9, 1912, c. 75, § 5, 37 Stat. 82.) - - § 6276. Removal, defaeement, or reuse of stamps—Every person who removes, defaces, Or Caus- es Or permits or suffers the removal Or defacement of any such stamp, or who uses any stamp or any pack- age to which any stamp is affixed to cover any other White phosphorus matches than those originally con- tained in such package with such stamp when first used, to evade the tax imposed by this Act, shall for every Such package in respect to which any such offense is committed be fined fifty dollars, and all such matches shall also be forfeited. (April 9, 1912, c. 75, § 6, 37 Stat. 82.) *. - § 6277. Fraud; forfeiture—Every manufacturer of white phosphorus matches who defrauds or at- tempts to defraud the United States Of the tax impos- ed by this Act, or any part thereof, shall forfeit the factory and manufacturing apparatus used by him and all the White phosphOrus matches and all raw material for the production. Of White phosphorus matches found in the factory and on the factory premises, or owned by him, and shall be fined not more than five thousand dollars Or be imprisoned not more than three years, or both. All packages of white phosphorus matches subject to tax under this Act that shall be found without stamps as herein pro- vided shall be forfeited to the United States. (April 9, 1912, c. 75, § 7, 37 Stat. 82.) § 6278. Stamps; preparation, furnishing and accounting for—The Commissioner of Internal ReV- enue shall cause to be prepared suitable and Special stamps for payment of the tax. On white phosphorus matches provided for by this Act. Such stamps shall be furnished to collectors, who shall sell the same Only to duly qualified manufacturers. Every collector shall keep an account of the number and denominate values of the stamps sold by him to each manufacturer. All the provisions and penalties of existing laws gov- erming the engraving, issuing, sale, affixing, Cancella- tion, accountability, effacement, destruction, and for- gery of stamps provided for internal revenue are hereby made to apply to stamps provided for by this Act. (April 9, 1912, c. 75, § 8, 37 Stat. 82.) § 6279. Assessment of tax on matches sold without stamps—Whenever any manufacturer of white phosphorus matches sells or removes any white phosphorus matches without the use of the stamps re- quired by this Act, it shall be the duty of the Com- missioner of Internal Revenue, within a period of not more than two years after such sale or removal, upon Satisfactory proof, to estimate the amount of tax which has been omitted to be paid, and to make an assessment therefor and Certify the same to the col- lector, who shall collect the same according to law. The tax so assessed shall be in addition to the penal- ties imposed by law for such sale or removal. (April 9, 1912, c. 75, § 9, 37 Stat. 82.) § 6280. Ramportation of matches—On and after January first, nineteen hundred and thirteen, white phosphorus matches, manufactured wholly or in part Ch. 7E) # 6287c INTERNAL REVENUE in any foreign country, shall not be entitled to entry at any of the ports of the United States, and the im- portation thereof is hereby prohibited. All matches imported into the United States shall be accompanied by Such certificate of official inspection by the govern- ment Of the Country in which Such matches were manufactured as shall satisfy the Secretary of the Treasury that they are not white phosphorus match- es. The Secretary of the Treasury is authorized and directed to prescribe such regulations as may be nec- essary for the enforcement Of the provisions of this section. (April 9, 1912, c. 75, § 10, 37 Stat. 83.) § 6281. Exportation of matches—After Janu- ary first, nineteen hundred and fourteen, it shall be unlawful to export from the United States any white phosphorus matches. Any person guilty of violation of this section shall be fined not less than One thou- sand dollars and not more than five thousand dollars, and any white phosphorus matches exported Or at- tempted to be exported shall be confiscated to the United States and destroyed in such manner as may be prescribed by the Secretary of the Treasury, who shall have power to issue such regulations to Customs officers as are necessary to the enforcement of this section. (April 9, 1912, c. 75, § 11, 37 Stat. 83.) § 6282. Factory number, label, and notice on packages—-Every manufacturer of matches Shall mark, brand, affix, stamp, or print, in Such manner as the Commissioner of Internal Revenue shall prescribe, on every package of white phosphorus matches manu- factured, sold, or removed by him, the factory num- ber required under section two of this Act. Every Such manufacturer who omits to mark, brand, affix, stamp, or print such factory number on such package shall be fined not more than fifty dollars for each package in respect of which such offense is committed. Every manufacturer of white phosphorus matches shall Securely affix by pasting On each Original pack- age containing stamped packages of white phosphorus matches manufactured by him a label, On which shall be printed, besides the number of the manufactory and the district in Which it is situated, these WOrds: “Notice.—The manufacturer of the white phosphorus matches herein Contained has COmplied with all the requirements of law. Every person is cautioned not to use again the stamps On the packages herein COn- tained under the penalty provided by law in such Cases.” Every manufacturer of white phosphorus matches who neglects to affix such label to any orig- inal package containing stamped packages of white phOSphorus matches made by him or Söld Or removed by or for him, and every person who removes any such label so affixed from any such original package, shall be fined not more than fifty dollars for each package in respect of which such Offense is Commit- ted. (April 9, 1912, c. 75, § 12, 37 Stat. 83.) See § 6272. § 6283. Penalty for omissions and for acts forbidden—If any manufacturer of white phosphor- us matches, or any importer or exporter of matches, shall Omit, neglect, or refuse to do or cause to be done any of the things required by law in carrying on or conducting his business, or shall do anything by this Act prohibited, if there be no specific penalty or punishment imposed by any other section of this Act for the neglecting, omitting, or refusing to do, or for the doing or causing to be done, the thing required or prohibited, he shall be fined One thousand dollars for each Offense, and all the White phosphorus matches OWned by him. Or in which he has any interest as owner shall be forfeited to the United States. (April 9, 1912, c. 75, § 13, 37 Stat. 83.) § 6284. Recovery of fixies—All fines, penalties, and forfeitures imposed by this Act may be recovered in any Court of competent jurisdiction. (April 9, 1912, c. 75, § 14, 37 Stat. 83.) § 6285. Regulations—The Commissioner of In- ternal Revenue, with the approval of the Secretary of the Treasury, may make all needful regulations for [Page 995] Treasury, may by regulation require. the Carrying into effect of this Act. 75, § 15, 37 Stat. 83.) - $ 6286. Laws applicable—Sections thirty-one hundred and sixty-four to thirty-one hundred and Seventy-Seven, thirty-one hundred and seventy-nine to thirty-two hundred and forty-three, thirty-three hundred and forty-six as amended, thirty-four hun- dred and twenty-nine as amended, thirty-four hun- dred and forty-five to thirty-four hundred and forty- eight, thirty-four hundred and fifty to thirty-four hundred and sixty-three, all inclusive, of the Revised Statutes of the United States, and all other provi- SiOnS and penalties of existing law relating to inter. nal revenue so far as applicable, are hereby made to extend to and include and apply to the taxes imposed by this Act and to the articles upon which and to the persons upon whom they are imposed. (April 9, 1912, c. 75, § 16, 37 Stat. 83.) R. S. §§ 3164-3177, 3179-3243, 3346, 3429, 3445-3448, 3450- ; are Sections 5844-5970, 6314, 6342, 6343, 6349, 6350, 6352- § 6287. Time of taking effect of act—This Act Shall take effect on July first, nineteen hundred and thirteen, except as previously provided in this Act; and except as to its application to the sale or removal of White phosphorus matches by the manufacturers, as to which it shall take effect on January first, nine- teen hundred and fifteen. (April 9, 1912, c. 75, § 17, 37 Stat. 84.) Chapter Seven E–Opium for Smoking (April 9, 1912, c. Sec. 6287a. Tax on opium manufactured for Smoking; manufac- turer to be citizen and give bond; manufacturer de- fined. - 6287 b. Manufacturer to file notices; books and returns; signs; surveillance of officers; bond. 6287c. Stamps. 6287d. Same; laws relating to tobacco and snuff applicable. 6287e. Penalty for violations of law; forfeiture. 6287f. Repeal. § 6287a. Tax on opium manufactured for smoking; manufacturer to be citizen and give bond; manufacturer defined—An internal-revenue tax of $300 per pound shall be levied and collected upon all Opium manufactured in the United States for Smoking purposes; and no person shall engage in such manufacture who is not a citizen Of the |United States and who has not given the bond re- Quired by the Commissioner of Internal Revenue. Every person who prepares opium suitable for smok- ing purposes from Crude gum Opium, or from any preparation thereof, Or from the residue of Smoked Or partially Smoked Opium, commonly known as yen shee, or from any mixture of the above, or any of them, shall be regarded as a manufacturer of Smok- ing opium within the meaning of this Act. (Jan. 17, 1914, c. 10, § 1, 38 Stat. 277.) - See §§ 6287g–6287q, 8797-8801f. § 6287 b. Manufacturer to file motices; books and returns; signs; surveillamce of officers; bond—Every manufacturer of such Opium shall file with the collector of internal revenue of the district in which his manufactory is located such notices, in- ventories, and bonds, shall keep such books and ren- der such returns of material and products, shall put up such signs and affix Such number to his factory, and COnduct his busineSS under Such Surveillance Of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the But the bond required of such manufacturer shall be with Sure- ties Satisfactory to the collector of internal revenue, and in a penal sum of not less than $100,000; and the Sum of Said bond may be increased from time to time and additional sureties required, at the discre. tion. Of the COllectOr Or Under instructions Of the Com- missioner of Internal Revenue. (Jan. 17, 1914, c. 10. § 2, 38 Stat. 277.) § 6287 c. Stamps—All Opium prepared for Smok. ing manufactured in the United States shall be duly Stamped in Such a permanent manner as to denote $ 6287d (Tit. 35 INTERNAL REVENUE IPage 996] - - the payment of the internal-revenue tax thereon. (Jan. 17, 1914, c. 10, § 3, 38 Stat. 278.) § 6287d. Same; laws relating to tobacco and snuff applicable—The provisions of existing laws covering the engraving, issue, sale, accountability, ef- facement, cancellation, and the destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by the preceding section. (Jan. 17, 1914, c. 10, § 4, 38 Stat. 278.) - § 6287e. Penalty for violations of law; for- feiture—A penalty of not less than $10,000 or im- prisonment for not less than five years, or both, in the discretion of the court, shall be imposed for each and every violation of the preceding sections of this Act relating to opium by any person or persons; and all opium prepared for smoking wherever found With- in the United States without the stamps required by this Act shall be forfeited and destroyed. (Jan. 17, 1914, c. 10, § 5, 38 Stat. 278.) § 6287f. Repeal—The provisions of the Act of October first, eighteen hundred and ninety (TWenty- sixth Statutes, page fifteen hundred and sixty-seven), in so far as they relate to the manufacture of Smok- ing opium, are hereby repealed. (Jan. 17, 1914, c. 10, § 6, 38 Stat. 278.) Chapter Seven F-Opium, Coca Leaves, and Compounds, Manufacturers, etc., Thereof Sec. - 6287g. Persons required to register and pay tax; unlawful transactions; laws applicable; regulations. - 6287h. Written order on blank forms for sale of drugs; Or- ders and duplicates preserved for inspection; Porto Rico, Philippine Islands, and Canal Zone. 6287i. Statements by person registered under act as to drugs received. 6287.j. Sending, shipping and carrying of drugs by person not registered. - 6287k. Duplicate order forms and statements open to inspec- tion and certified copies of statements furnished offi- cers; disclosure of information contained therein; certified copies of names of taxpayers. 62877. Certain preparations and remedies excepted. 6287m. Internal revenue laws applicable. 6287n. Possession or control of drugs by person not register- ed; pleading and proof of exemptions. . 62870. Violations of act; punishment. 6287p. Appointment of agents and officers to enforce law. 6287q. Food and Drug Acts. § 6287 g. Persons required to register and pay tax; unlawful transactions; laws applicable; regulations—On and after the first day of March, nineteen hundred and fifteen, every person who pro- duces, imports, manufactures, compounds, deals in, dispenses, Sells, distributes, or gives away opium or COCa, leaves or any compound, manufacture, salt, deriv- ative, or preparation thereof, shall register with the Collector of internal revenue of the district his name or style, place of business, and place or places where Such business is to be Carried On: Provided, That the office, or if none, then the residence Of any person. shall be COInsidered for the purposes Of this Act to be his place of business. At the time of such registry and on or before the first day of July, annually there- after, every person who produces, imports, manufac- tures, compounds, deals in, dispenses, sells, distributes, or gives away any of the aforesaid drugs shall pay to the said collector a special tax at the rate of $1 per annum: Provided, That no employee of any person. who produces, imports, manufactures, compounds, deals in, dispenses, Sells, distributes, or gives away any of the aforesaid drugs, acting within the scope of his employment, shall be required to register Or to pay the special tax provided by this section: Provided further, That the person who employs him shall have registered and paid the special tax as required by this section: Provided further, That officers of the United States Government who are lawfully engaged in mak- ing purchases of the above-named drugs for the vari- ous departments of the Army and Navy, the Public Health Service, and for Government hospitals and prisons, and officers of any State government, or of any county or municipality therein, who are lawfully engaged in making purchases of the above-named drugs for State, county, or municipal hospitals Or prisons, and officials of any Territory or insular pos- Session or the District of Columbia or of the United States who are lawfully engaged in making purchases of the above-named drugs for hospitals or prisons therein shall not be required to register and pay the Special tax as herein required. - It shall be unlawful for any person required to reg- ister under the terms of this Act to produce, import, manufacture, compound, deal in, dispense, sell, dis- tribute, or give away any of the aforesaid drugs With- out having registered and paid the special tax provid- ed for in this Section. - That the word “person” as used in this Act shall be Construed to mean and include a partnership, associa- tion, COmpany, or Corporation, as well as a natural person; and all provisions of existing law relating to Special taxes, so far as applicable, including the provi- Sions of section thirty-two hundred and forty of the Revised Statutes of the United States are hereby ex- tended to the special tax herein imposed. That the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make all needful rules and regulations for carrying the provisions of this Act into effect. (Dec. 17, 1914, c. 1, § 1, 38 Stat. 785.) - R. S. § 3240, is $ 5963. § 6287h. Written order on blank forms for sale of drugs; orders and duplicates preserved for inspection; Poirto Rico, Philippine Islands, and Camal Zone—It shall be unlawful for any per- Son to sell, barter, exchange, or give away any of the aforesaid drugs except in pursuance of a written order Of the person to whom such article is sold, bartered, eXchanged, or given, On a form to be issued in blank for that purpose by the Commissioner of Internal Revenue. Every person who shall accept any such or- der, and in pursuance thereof shall sell, barter, ex- Change, Or give away any of the aforesaid drugs, shall preserve such order for a period of two years in such a Way as to be readily accessible to inspection by any Officer, agent, or employé of the Treasury Department duly authorized for that purpose, and the State, Terri- torial, District, municipal, and insular officials named in section five of this Act. Every person who shall give an Order as herein provided to any other person for any of the aforesaid drugs shall, at Or before the time of giving Such Order, make or cause to be made a duplicate thereof on a form to be issued in blank for that purpose by the Commissioner of Internal Revenue, and in case of the acceptance of such order, shall preserve such duplicate for said period of two years in Such a way as to be readily accessible to in- Spection by the officers, agents, employees, and officials hereinbefore mentioned. Nothing contained in this Section shall apply— • (a) To the dispensing or distribution of any of the aforesaid drugs to a patient by a physician, dentist, Or Veterinary Surgeon registered under this Act in the Course of his professional practice only: Provided, That such physician, dentist, or veterinary surgeon shall keep a record of all such drugs dispensed or distributed, showing the amount dispensed or distrib- uted, the date, and the name and address of the pa- tient to whom such drugs are dispensed or distributed, eXcept Such as may be dispensed or distributed to a patient upon whom such physician, dentist or veteri- nary Surgeon shall personally attend; and such record Shall be kept for a period. Of two years from the date of dispensing or distributing such drugs, subject to inspection, as provided in this Act. (b) To the sale, dispensing, or distribution of any of the aforesaid drugs by a dealer to a consumer under and in pursuance of a written prescription issued by a physician, dentist, or veterinary surgeon registered Ch. 7F) 2 6287k INTERNAL REVENUE IPage 997.I. . . - under this Act: Provided, however, That such pre- Scription shall be dated as of the day On Which Sign- ed and shall be signed by the physician, dentist, Or veterinary surgeon Who shall have issued the same : And provided further, That such dealer shall pre- serve such prescription for a period of two years from the day on which such prescription is filled in Such a way as to be readily accessible to inspection by the officers, agents, employees, and officials hereinbefore mentioned. . - - (c) To the sale, exportation, shipment, or delivery of any of the aforesaid drugs by any person within the United States or any Territory or the District of Columbia. Or any of the insular possessions Of the United States to any person in any foreign country, regulating their entry in accordance with Such regu- lations for importation thereof into such foreign coun- try as are prescribed by Said country, such regulations to be promulgated from time to time by the Secretary Of State Of the United States. (d) To the sale, barter, exchange, or giving away of any of the aforesaid drugs to any officer of the United States Government or of any State, territorial, dis- trict, County, or municipal or insular government law- fully engaged in making purchases thereof for the Various departments of the Army and Navy, the Pub- lic Health Service, and for Government, State, ter-‘ ritorial district, County, or municipal pitals or prisons. - The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall cause Suitable forms to be prepared for the purposes above mentioned, and shall cause the same to be distributed to COllectors Of internal revenue for sale by them to those persons who shall have registered and paid the Special tax as required by section one of this Act in their districts, respectively; and no collector shall sell any of Such forms to any persons other than a person Who has registered and paid the special tax as required by Section one of this Act in his district. The price at Which such forms shall be sold by said Collectors shall be fixed by the Commissioner of Internal Revenue, With the approval of the Secretary of the Treasury, but Shall not exceed the sum of $1 per hundred. Every COllector Shall keep an account of the number of Such forms Sold by him, the names of the purchasers, and the number of such forms sold to each of such pur- Chasers. Whenever any collector shall sell any of Such forms, he shall cause the name of the purchaser thereof to be plainly written or stamped thereon be- fore delivering the same; and no person other than Such purchaser shall use any of said forms bearing the name of Such purchaser for the purpose of procur- ing any of the aforesaid drugs, or furnish any of the forms bearing the name of such purchaser to any per- Son with intent thereby to procure the shipment or delivery of any of the aforesaid drugs. It shall be un- lawful for any person to obtain by means of said order forms any of the aforesaid drugs for any pur- pose Other than the use, Sale, Or distribution thereof by him in the Conduct Of a lawful business in Said drugs or in the legitimate practice of his profession. The provisions of this Act shall apply to the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, the insular posses- sions of the United States, and the Canal Zone. In Porto Rico and the Philippine Islands the adminis- tration of this Act, the collection of the said special tax, and the issuance of the order forms specified in section two shall be performed by the appropriate internal-revenue Officers Of those governments, and all revenues collected hereunder in Porto Rico and the Philippine Islands shall accrue intact to the general governments thereof, respectively. The courts of first instance in the Philippine Islands shall possess and exercise jurisdiction in all cases arising under this Act in Said islands. The President is authorized and directed to issue Such Executive Orders as will Carry into effect in the Canal Zone the intent and purpose Or insular hoS- of this Act by providing for the registration and the imposition of a special tax upon all persons in the Canal Zone who produce, import, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations. (Dec. 17, 1914, c. 1, § 2, 38 Stat. 786.) - § 6287i. Statements by person registered un- der act as to drugs received—Any person who shall be registered in any internal-revenue district under the provisions of section one of this Act shall, when- ever required so to do by the collector of the dis- trict, render to the said collector a true and correct Statement or return, verified by affidavit, setting forth the quantity of the aforesaid drugs received by him in Said internal-revenue district during such period immediately preceding the demand of the collector, not exceeding three months, as the said collector may fix and determine; the names of the persons from Whom the said drugs were received; the quantity in each instance received from each of such persons, and the date. When received. (Dec. 17, 1914, c. 1, § 3, 38 Stat. 787.) - - § 6287.j. Sending, shipping and carrying of drugs by person not registered—It shall be Unlaw- ful for any person who shall not have registered and paid the Special tax as required by section one of this Act to send, ship, carry, or deliver any of the aforesaid drugs from any State or Territory Or the Dis- trict of Columbia, or any insular possession of the United States, to any person in any other State or Territory or the District of Columbia or any insular possession of the United States: Provided, That nothing contained in this section shall apply to Com- mon Carriers engaged in transporting the aforesaid drugs, Or to any employee acting within the scope of his employment, of any person who shall have regis- tered and paid the special tax as required by section One of this Act, or to any person who shall deliver any Such drug which has been prescribed or dis- pensed by a physician, dentist, or veterinarian requir- ed to register under the terms of this Act, who has been employed to prescribe for the particular patient receiving such drug or to any United States, State, County, municipal, District, Territorial, or insular Officer or official acting within the SCOpe Of his Of- ficial duties. (Dec. 17, 1914, c. 1, § 4, 38 Stat. 7ss.) § 6287k. T'uplicate order forms and state- ments open to inspection and certified copies of statements furnished officers; disclosure of in- formation contained therein; certified copies of names of taxpayers—The duplicate-order forms and the prescriptions required to be preserved under the provisions of Section two of this Act, and the state- ments Or returns filed in the office of the collector of the district, under the provisions of section three bf this Act, shall be open to inspection by officers, agents, and employees of the Treasury Department duly au- thorized for that purpose; and such officials of any State or Territory, or of any organized municipality therein, or of the District of Columbia, or any insular possession of the United States, as shall be charged With the enforcement of any law or municipal ordi- nance regulating the Sale, prescribing, dispensing, dealing in, or distribution of the aforesaid drugs. Each collector of internal revenue is hereby author- ized to furnish, upon written request, certified copies Of any of the said statements or returns filed in his office to any of such officials of any State or Territory or Organized municipality therein, or the District of Columbia, or any insular possession of the United States, as shall be entitled to inspect the said State- ments or returns filed in the Office of the said collec- tor, upon the payment of a fee of $1 for each one hundred words or fraction thereof in the copy or Copies so requested. Any person who shall disclose the information COntained in the said Statements or re- turns or in the said duplicate-order forms, except as herein expressly provided, and except for the purpose of enforcing the provisions of this Act, or for the & 6287l (Tit.85 INTERNAL REVENUE [Page 998] purpose of enforcing any law of any State or Terri- tory or the District of Columbia, or any insular pos- Session of the United States, or Ordinance of any Or- ganized municipality therein, regulating the Sale, pre- scribing, dispensing, dealing in, or distribution of the aforesaid drugs, shall, on conviction, be fined or im- prisoned as provided by section nine of this Act. And Collectors of internal revenue are hereby authorized to furnish upon written request, to any person, a cer- tified Copy of the names of any or all persons Who may be listed in their respective collection districts as special-tax payers under the provisions of this Act, upon payment of a fee of $1 for each. One hundred names or fraction thereof in the copy so requested. (Dec. 17, 1914, c. 1, § 5, 38 Stat. 788.) - § 6287 l. Certain preparations and remedies excepted—The provisions Of this Act shall not be COn- strued to apply to the Sale, distribution, giving away, dispensing, or possession of preparations and remedies Which do not contain more than two grains of Opium, Or more than. One-fourth Of a grain. Of morphine, or more than one-eighth of a grain of heroin, or more than One grain. Of codeine, or any salt Or derivative of any of them in One fluid Ounce, or, if a solid or semi- solid preparation, in One avoirdupois Ounce ; or to Iiniments, ointments, or other preparations which are prepared for external use Only, except liniments, oint- ments, and other preparations which contain cocaine Or any of its Salts Or alpha Or beta eucaine Or any of their salts or any synthetic substitute for them: Pro- vided, That such remedies and preparations are sold, distributed, given away, dispensed, or possessed as medicines and not for the purpose of evading the in- tentions and provisions of this Act. The provisions Of this Act shall not apply to deCOcainized Coca leaves or preparations made therefrom, or to other prepara- tions of coca leaves which do not contain cocaine. (Dec. 17, 1914, c. 1, § 6, 38 Stat. 789.) § 6287m. Internal revenue laws applicable— All laws relating to the assessment, Collection, remis- sion, and refund of internal-revenue taxes, including section thirty-two hundred and twenty-nine of the Re- vised Statutes of the United States, so far as applica- ble to and not inconsistent with the provisions Of this Act, are hereby extended and made applicable to the special taxes imposed by this Act. (Dec. 17, 1914, c. 1, § 7, 38 Stat. 789.) $ 6287n. Possession or control of drugs by person not registered; pleading and proof of ex- emptions—It shall be unlawful for any person not registered under the provisions of this Act, and who has not paid the special tax provided for by this Act, to have in his possession or under his control any of the aforesaid drugs; and such possession or control shall be presumptive evidence of a violation of this section, and also of a violation of the provisions of sec- tion One of this Act: Provided, That this section shall not apply to any employee of a registered person, or to a nurse under the Supervision of a physician, dentist, Or Veterinary Surgeon registered under this Act, hav- ing such possession Or Control by virtue of his employ- ment or Occupation and not on his own account ; or to the possession of any of the aforesaid drugs which has or have been prescribed in good faith by a physi- Cian, dentist, or veterinary surgeon registered under this Act; or to any United States, State, county, municipal, District, Territorial, or insular officer or official who has possession of any said drugs, by rea- son of his official duties, or to a warehouseman hold- ing possession for a person registered and who has paid the taxes under this Act; or to common carriers engaged in transporting such drugs: Provided further, That it shall not be necessary to negative any of the aforesaid exemptions in any Complaint, information, indictment, or other writ or proceeding laid or brought under this Act ; and the burden of proof of any Such exemption shall be upon the defendant. (Dec. 17, 1914, c. 1, § 8, 38 Stat. 789.) - § 62870. Violations of act; punishment—Any perSOn Who Violates or fails to comply with any of the requirements of this Act shall, on conviction, be fined Inot more than $2,000 or be imprisoned not more than five years, or both, in the discretion of the court. (Dec. 17, 1914, c. 1, § 9, 38 Stat. 789.) § 6287 p. Appointment of agents and officers to enforce law—The Commissioner of Internal Reve- nue, with the approval of the Secretary of the Treas- ury, is authorized to appoint such agents, deputy Col- lectors, inspectors, chemists, assistant chemists, clerks, and messengers in the field, and in the Bureau Of In- ternal Revenue in the District of Columbia as may be Inecessary to enforce the provisions of this act. (Dec. 17, 1914, c. 1, § 10, 38 Stat. 789.) § 62874. Food and Drug Acts—Nothing contain- ed in this Act shall be Construed to impair, alter, amend, Or repeal any of the provisions of the Act Of Congress approved June thirtieth, nineteen hundred and six, entitled “An Act for preventing the manufac- ture, sale, or transportation of adulterated or mis- branded, Or poisonous, or deleterious foods, drugs, medicines, and liquors, and for regulating traffic there- in, and for other purposes,” and any amendment thereof, or of the Act approved February ninth, nine- teen hundred and nine, entitled “An Act to prohibit the importation and use of Opium for other than medicinal purposes,” and any amendment thereof. (Dec. 17, 1914, c. 1, § 12, 38 Stat. 790.) See §§ 8717-8728. Chapter Eight—Banks and Bankers Sec. 6288. Bank and banker defined. 6289. Tax on circulation of other than national banks. 6290. Tax on notes used as circulation. 6291. Returns; payment of tax; penalties. 6292. Tax on circulation. 6293. Taxes, When payable. 6294. Circulation, when exempted from tax. 6295. Monthly return S. - 6296. Same; default; Commissioner to estimate. 6297. State banks converted into national banks; returns. 6298. Provisions not applicable to national banks. 6299. Insolvent bank exempt from tax. - § 6288. Bank and banker defined—Every in- corporated or other bank, and every person, firm, or company having a place of business where Credits are opened by the deposit or collection of money Or currency, subject to be paid or renºitted upon draft, check, or order, or where money is advanced Or loan- ed on stocks, bonds, bullion, bills of eXchange, Or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received for dis- count or for sale, shall be regarded as a bank Or as a banker. (R. S. § 3407.) - § 6289. Tax on circulation of other than na- tional banks—Every person, firm, a SSOCiation. Other than national bank associations, and every Corporation, State bank, or State banking association, Shall pay a tax of ten per centum on the amount Of their OWI) notes used for circulation and paid out by them. (Feb. 8, 1875, c. 36, § 19, 18 Stat. 311.) § 6290. Tax on notes used as circulation— Every such person, firm, association, Corporation, State bank, or State banking association, and also every national banking association, shall pay a like tax of ten per centum on the amount of notes of any person, firm, association other than a national banking assO- ciation, or of any corporation, State bank, or State banking association, or of any town, City, or munici- pal corporation, used for circulation and paid out by them. (Feb. 8, 1875, c. 36, § 20, 18 Stat. 31.1.) § 6291. Returns; payment of tax; penalties —The amount of such circulating notes, and Of the tax due thereon, shall be returned, and the tax paid at the same time, and in the same manner, and With like penalties for failure to return and pay the Salme, as provided by law for the return and payment of taxes on deposits, capital, and Circulation, ilmposed by Ch. 8A) INTERNAL REVENUE t %. 6300–6309 . º, [Page 999] * the existing provisions of internal revenue law. (Feb. perSOn has his place of business, and One copy to the 8, 1875, c. 36, § 21, 18 Stat. 311.) § 6292. Tax on circulation—There shall be lev- ied, Collected, and paid, as hereafter provided: #: >}; sº ::: >}: #: $: #: sk Third. A tax of one-twelfth of one per centum each month upon the average amount of circulation issued by any bank, association, corporation, company, or person, including as circulation all certified checks and all notes and other obligations calculated or in- tended to Circulate or to be used as money, but not including that in the vault of the bank, or redeemed and On deposit for said bank; and an additional tax Of one-sixth of one per centum each month upon the average amount of such circulation, issued as afore- Said, beyond the amount of ninety per centum of the Capital of any such bank, association, corporation, COmpany, Or person. - In the Case of banks with branches, the tax herein provided shall be assessed upon the circulation of each branch severally, and the amount of capital of each branch shall be considered to be the amount al- lotted to it. (R. S. § 3408.) - :: :}; :: :: ::: >{: s: $: :k § 6293. Taxes, when payable—The taxes pro- vided in the preceding section shall be paid semi-an- nually, On the first day of January and the first day of July; but the same shall be calculated at the rate per month as prescribed by Said section, so that the tax for six months shall not be less than the ag- gregate WOuld be if Such taxes Were Collected month- ly. (R. S. § 3409.) (R. S. § 3410. Superseded.) This section provided that the capital of a State bank Ceasing to exist, or being converted into a national bank, Should be assumed to be the capital as it existed imme- diately before such bank ceased to exist or was so con- Verted. It was superseded by the repeal of the taxes on capital and deposits of banks by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. § 6294. Circulation, when exempted from tax —Whenever the Outstanding circulation of any bank, aSSOCiation, Corporation, company, or person is re- duced to an amount not exceeding five per centum of the chartered or declared capital existing at the time the same was issued, said circulation shall be free from taxation ; and whenever any bank which has ceased to issue notes for circulation deposits in the Treasury of the United States, in lawful money, the amount of its Outstanding circulation, to be re- deemed at par, under such regulations as the Sec- retary of the Treasury shall prescribe, it shall be ex- empt from any fax upon such circulation. (R. S. § 341.1.) (R. S. §§ 3412, 34.13. Superseded.) R. S. § 3412, required banks to pay a tax on the amount of notes of a person or State bank or State banking as- Sociation used for circulation and paid out by them. R. S. § 3413, required banks to pay a tax on the amount of notes of municipal corporations paid out by them. Both these *; were superseded by Act Feb. 8, 1875, c. 36, § 20 § 6295. Monthly returns—A true and complete return of the monthly amount of circulation, [of de- posits, and of capital, as aforesaid, and of the mouth- ly amount of notes of persons, town, city, or munici- pal Corporation, State banks, or State banking asso- Ciations paid out as aforesaid for the previous six months, Shall be made and rendered in duplicate on the first day of December and the first day of June, by each of such banks, associations, corporations, com- panies, Or persons, with a declaration annexed there- to, under the Oath of such person, or of the president Or Cashier of such bank, association, corporation, or Company, in Such form and manner as may be pre- Scribed by the Commissioner of Internal Reve- nue, that the same contains a true and faithful Statement of the amounts subject to tax, as aforesaid ; and One Copy shall be transmitted to the collector of the district in which any such bank, association, cor- poration, Or Company is situated, or in which such Commissioner of Internal Revenue. (R. S. § 3414.) § 6296. Same; default; commissioner to es- timate—In default of the returns provided in the pre- • Ceding Section, the amount of circulation, [deposit, Capital,] and notes of persons, town, city, and mu- nicipal Corporations, State banks, and State banking associations paid out, as aforesaid, shall be estimat- ed by the Commissioner of Internal Revenue, upon the best information he can obtain. And for any re- fusal Or neglect to make return and payment, any Such bank, association, COrporation, COImpany, Or per- Son so in default Shail pay a penalty of two hundred dollars, besides the additional penalty and forfeitures provided in other Cases. (R. S. § 3415.) Text in brackets superseded by repeal of taxes on de- posit and capital by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. § 6297. State banks converted into national banks; returns—Whenever any State bank or bank- ing association has been converted into a national banking association, and such national banking asso- ciation has assumed the liabilities of such State bank or banking association, including the redemption of its bills, by any agreement or understanding What- ever with the representatives of such State bank or banking association, such national banking associa- tion shall be held to make the required return and payment on the circulation outstanding, so long as Such Circulation shall exceed five per centum. Of the capital before such conversion of such State bank or banking association. (R. S. § 3416.) § 6298. Provisions not applicable to national Thanks—The provisions of this chapter, relating to the tax on the [deposits, capital, andl Circulation of banks, and to their returns, except as contained in sections thirty-four hundred and ten, thirty-four hun- dred and eleven, thirty-four hundred and twelve, thirty-four hundred and thirteen, and thirty-four hun- dred and sixteen, and such parts of sections thirty- four hundred and fourteen, and thirty-four hundred and fifteen as relate to the tax of ten per Centum. On certain notes, shall not apply to associations which are taxed under and by virtue of Title “National Banks.” (R. S. § 3417, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) - Text in brackets, and R. S. § 3410, superseded by aboli- tion of taxes on deposits and capital by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. F. S. §§ 3412, 3413, superseded by § 6290. R. S. §§ 3411, 3414, 3415, 3416, are $$ 6294-6297. 6299. Insolvent bank exempt froxm tax- Whenever and after any bank has ceased to do busi- ness, by reason of insolvency or bankruptcy, no tax shall be assessed or collected, or paid into the Treas- ury of the United States, on account of such bank, which shall diminish the assets thereof necessary for the full payment of all its depositors; and such tax Shall be abated from such national banks as are found by the Comptroller of the Currency to be insolvent; and the Commissioner of Internal Revenue, when the facts shall SO appear to him, is authorized to remit SO much Of Said tax against insolvent State and sav- ings banks as shall be found to affect the claims of their depositors. (March 1, 1879, c. 125, § 22, 20 Stat. 351.) Chapter Eight A–Special Excise Tax on Corporations §§ 6300–6309. [Repealed and superseded.] These sections included provisions of the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 38, 36 Stat. 112, imposing a Special excise tax on corporations, and subsequent acts amendatory thereof relating to such tax, which provisions Were continued in force for a limited time by the Under- Wood Tariff Act of Oct. 3, 1913, c. 16, § IV, S. Said sec- tion, 38, the amendatory act of March 4, 1913, c. 142, § 1, 87 Stat. 759, relating to inspection of returns, and Act March 3, 1913, c. 120, relating to refund of additional tax imposed for neglect to file returns, are now wholly super- seded by Act, Sept. 8, 1916, c. 463, title I, part II (§§ 63.365- 6336X), imposing an income tax on corporations, and by Section 407 of the latter act, imposing a special tax on cor- porations (§ 5980a). - & 6309a - (Tit. 35 INTERNAL REVENUE, - Chapter Eight B–Excise Tax on Deal- - ings in Cotton Futures This chapter consists of part of the agricultural appro- priation act for the fiscal year 1917, Act Aug. 11, 1916, C. 313. The provisions herein set forth were preceded by the following preliminary part: ‘‘Part A. - “That this Part, to be known as the United States Cot- ton futures Act, be, and hereby is, enacted to read and be effective hereafter as follows:” Act Aug. 18, 1914, c. 255, 38 Stat. 693-698, was repealed by the above act. The repealing provision is § 630911. - Sec. 6309a. [Sec. 1.] Short title of act. 6209b. [Sec. 2..] Definitions. - - - 6309c. [Sec. 3.j Tax on exchange or board of trade contracts Of Sale of cotton for future delivery. 6309ól. [Sec. 4.] Same; contracts to be in Writing. - * 6309e. [Sec. 5.] Same; tax not levied on contracts complying - with conditions prescribed. - . 6309f. [Sec. 6..] Same; determining differences to be paid in settlement of contract on delivery of cotton above or below basis grade. 6309g. [Sec. 6a.] Same; tax not levied on contracts complying with conditions prescribed, and known as Section Six A Contracts. 6309h. [Sec. 7..] Bona fide spot markets. 63091. [Sec. 8.] Same; mode of determining. 6309.j. [Sec. 9...] Cotton standards. 6309]. [Sec. 10.] Tax not levied on contracts complying with conditions prescribed; tax on sale of Spot Cotton; contracts complying with section 5. 63091. [Sec. 11..] Tax paid by stamps; affixing to contracts. 63091m. [Sec. 12.] Contracts not conforming to requirements not enforceable. - 63091m. [Sec. 13.] Regulations for collection of tax and en- forcement of act; records and returns; agents; in- ternal-revenue laws applicable. 63090. [Sec. 14.] Failure to pay tax or other violation of law. 6309p. [Sec. 15.] Penalty, additional to punishment; actions therefor. 6309q. [Sec. 16.1 Privilege of witness. 63091. [Sec. 17.] Effect of payment of tax on State laws and taxation. 6309s. [Sec. 19.] Appropriation; publication of results of in- vestigations. 6309t. [Sec. 20.] Time of taking effect of act; contracts not e affected. - 6309 u. [Sec. 21.] Repeal; effect. 6309v. [Sec. 22.] Partial invalidity of act. § 6309a. ISec. 1.] Short title of act—This Act shall be known by the short title of the “United States Cotton futures Act.” (Aug. 11, 1916, c. 313, 39 Stat. 476.) § 6309 b. I See. 2.1 Definitions—For the purpos- es of this Act, the term “contract of sale” shall be held to include Sales, agreements Of Sale, and agree- ments to sell. That the WOrd “perSon,” Wherever used in this Act, shall be construed to import the plural or singular, as the case demands, and shall in- clude individuals, associations, partnerships, and COr- porations. When construing and enforcing the pro- [Page 1000] º ** Visions of this Act, the act, Omission, Or failure of any Official, agent, or other person acting for or employed by any association, partnership, or Corporation within the scope of his employment or office, shall, in every Case, also be deemed the act, Omission, Or failure Of such association, partnership, or Corporation as well as that of the person. (Aug. 11, 1916, c. 313, 39 Stat. 476.) - § 6309 c. [Sec. 3.1 Tax on exchange or board of trade contracts of sale of cotton for future delivery—Upon each contract of Sale of any Cotton for future delivery made at, on, or in any. exchange, board of trade, or Similar institution Or place Of busi- ness, there is hereby levied a tax in the nature Of an excise Of 2 Cents for each pound Of the Cotton in- volved in any such contract. (Aug. 11, 1916, c. 313, 39 Stat. 476.) - $ 6309d. [See. 4..] Same; contracts to be in writing—Each Contract Of Sale of Cotton for future delivery mentioned in Section three of this Act shall be in writing plainly stating, or evidenced by writ- ten memorandum showing, the terms of such contract, including the quantity of the cotton involved and the names and addresses Of the Seller and buyer in such contract, and shall be signed by the party to be charg- u | ed, or by his agent in his behalf. . If the contract or memorandum specify in bales the quantity of the cot- ton involved, without giving the weight, each bale Shall, for the purposes of this Act, be deemed to weigh ºunded pounds. (Aug. 11, 1916, c. 313, 39 Stat. { O. § 6309e. [Sec. 5.1 Same; tax not levied on contracts complying with conditions preserihed —No tax shall be levied under this Act on any con- tract of Sale mentioned in section three hereof if the Contract comply with each of the following con- ditions: - First. Conform to the requirements of section four of, and the rules and regulations made pursuant to, this Act. - - Second. Specify the basis grade for the cotton in- VOlved in the contract, which shall be one of the grades for which standards are established by the Secretary of Agriculture, except grades prohibited from being delivered on a contract made under this Section by the fifth subdivision of this section, the price per pound at which the cotton of such basis grade is Contracted to be bought or sold, the date When the purchase or sale was made, and the month Or months in which the contract is to be fulfilled or Settled: Provided, That middling shall be deemed the basis grade incorporated into the contract if no Other basis grade be specified either in the contract Or in the memorandum evidencing the same. Third. Provide that the cotton dealt with therein Or delivered thereunder shall be of or within the grades for which standards are established by the Secretary of Agriculture except grades prohibited from being delivered on a contract made under this Section by the fifth subdivision of this section and no Other grade or grades. Fourth. Provide that in case cotton of grade oth- er than the basis grade be tendered or delivered in Settlement Of Such contract, the differences above or below the contract price which the receiver shall pay for Such grades other than the basis grade shall be the actual commercial differences, determined as hereinafter provided. . Fifth. Provide that cotton that, because of the presence Of extraneous matter of any character Or irregularities or defects, is reduced in value below that of Good Ordinary, or cotton that is below the grade of Good Ordinary, or, if tinged, cotton that is below the grade of Low Middling, or, if stained, cot- ton that is below the grade of Middling, the grades mentioned being Of the Official Cotton Standards of the United States, or cotton that is less than seven- eighths Of an inch in length. Of Staple, Or Cotton Of perished Staple Or Of immature staple, Or Cotton that is “gin cut” or reginned, or cotton that is “repacked” or “false packed” or “mixed packed” or “water pagk- ed,” shall not be delivered on, under, or in settlement Of Such contract. Sixth. Provide that all tenders of Cotton under such contract shall be the full number of bales in- Wolved therein, except that such variations of the number of bales may be permitted as is necessary to bring the total weight of the cotton tendered with- in the provisions of the contract as to weight; that, On the fifth business day prior to delivery, the per- son making the tender shall give to the person re- ceiving the same written notice of the date of deliv- ery, and that, on Or prior to the date so fixed for de- livery, and in advance Of final Settlement Of the Con- tract, the person making the tender shall furnish to the person receiving the same a written notice or Certificate stating the grade of each individual bale to be delivered and, by means of marks or numbers, identifying each bale with its grade. Seventh. Provide that, in Case a dispute arises be- tween the person making the tender and the person receiving the same, as to the classification of any cotton tendered under the contract, either party may Ch. 8B) & 6309; INTERNAL REVENUE [Page 1001] refer the question of the true classification of Said cotton to the Secretary of Agriculture for determina- tion, and that such dispute shall be referred and de- termined, and the costs thereof fixed, assessed, Col- lected, and paid in such manner and in a CCOrdance with such rules and regulations as may be prescribed by the Secretary of Agriculture. The provisions of the third, fourth, fifth, sixth, and Seventh subdivisions of this section shall be deemed fully incorporated into any such contract if there be Written or printed thereon, or on the memoran- dum evidencing the same, at or prior to the time the Same is signed, the phrase “Subject to United States Cotton futures Act, section five.” The Secretary of Agriculture is authorized to pre- Scribe rules and regulations for carrying out the pur- poses of the seventh subdivision of this section, and his findings, upon any dispute referred to him under said seventh subdivision, made after the parties in in- terest have had an opportunity to be heard by him Or such officer, officers, agent, or agents of the De- partment of Agriculture as he may designate, shall be accepted in the Courts Of the United States in all Suits between such parties, or their privies, as prima facie evidence. Of the true classification of the Cotton involved. (Aug. 11, 1916, c. 313, 39 Stat. 476.) § 6309f. [Sec. 6.1 Same; determining differ- ences to be paid in settlement of contract on delivery of cotton above or belov'ſ basis grade- For the purposes of section five of this Act the dif- ferences above Or below the Contract price which the receiver shall pay for Cotton of grades above Or be- low the basis grade in the settlement of a contract of sale for the future delivery of cotton shall be deter- mined by the actual Commercial differences in value thereof upon the sixth business day prior to the day fixed, in accordance with the sixth subdivision of Section five, for the delivery of Čotton on the contract, established by the sale of spot Cotton in the market where the future transaction involved occurs and is COnSummated if such market be a bona fide Spot mar- ket ; and in the event there be no bona fide spot market at or in the place in which such future trans- action occurs, then, and in that case, the said differ- ences above Or below the contract price which the receiver shall pay for Cotton above or below the basis grade shall be determined by the average actual Com- mercial differences in value thereof, upon the sixth business day prior to the day fixed, in accordance with the sixth subdivision of section five, for the de- livery Of Cotton On the COntract, in the Spot markets Of not less than five places designated for the purpose from time to time by the Secretary of Agriculture, as such values were established by the sales of spot Cotton, in such designated five or more markets: Pro- vided, That for the purposes of this section such values in the said spot markets be based upon the standards for grades of Cotton established by the Secretary of Agriculture: And provided further, That whenever the value Of One grade is to be de- termined from the sale or sales Of Spot Cotton of an- other grade or grades, such value shall be fixed in accordance with rules and regulations which shall be prescribed for the purpose by the Secretary of Ag- riculture. (Aug. 11, 1916, c. 313, 39 Stat. 478.) § 6309.g. [Sec. 6a. I Same; tax not levied on contracts complying with conditions preseribed, and irnown as Section. Six A Contracts—No tax shall be levied under this Act on any contract of Sale mentioned in section three hereof if the contract pro- vide that, in case cotton of grade or grades other than the basis grade specified in the contract shall be tendered in performance of the contract, the par- ties to such contract may agree, at the time Of the tender, as to the price of the grade or grades So ten- dered, and that if they shall not then agree as to such price, then, and in that event, the buyer of Said contract shall have the right to demand the specific fulfillment of such contract by the actual delivery of cotton of the basis grade named therein and at the price specified for such basis grade in Said Contract, and if the contract also comply with all the terms and conditions of section five hereof not inconsistent With this section: Provided, That nothing in this section shall be so construed as to relieve from the tax levied by, section three of this Act any contract in which, or in the settlement of or in respect to which, any de- vice or arrangement whatever is resorted to, Or any agreement is made, for the determination or adjust- ment of the price of the grade or grades tendered other than the basis grade specified in the contract by any “fixed difference” system, or by arbitration, or , by any other method not provided for by this Act. Contracts made in COmpliance with this section shall be known as “Section six A Contracts.” The provisions Of this section shall be deemed fully in- corporated into any such contract if there be written or printed thereon, or on the memorandum evidencing the same, at Or prior to the time the Same is signed, the phrase “Subject to United States Cotton futures Act, section six A.” - Section ten Of this Act shall not be COnstrued to apply to any COntract Of Sale made in COImpliance with section six A hereof. (Aug. 11, 1916, c. 313, 39 Stat. 478.) - - § 6309?... [Sec. 7.1 Bona, fide spot markets— For the purposes of this Act the Only markets which shall be considered bona fide spot markets shall be those which the Secretary of Agriculture shall, from; time to time, after investigation, determine and desig- nate to be such, and of which he shall give public no- tice. (Aug. 11, 1916, c. 313, 39 Stat. 478.) § 6309i. [Sec. 8.] Same; mode of determining —In determining, pursuant to the provisions of this, Act, what markets are bona fide spot markets, the Secretary of Agriculture is directed to consider Only markets in which spot cotton is sold in such Volume and under such conditions as customarily to reflect accurately the value of middling cotton and the dif- ferences between the prices or values of middling Cotton and of other grades of cotton for which Stand- ards shall have been established by the Secretary of Agriculture: Provided, That if there be not sufficient places, in the markets of which are made bona fide sales of spot cotton of grades for which Standards are established by the Secretary of Agriculture, to enable him to designate at least five Spot markets in accordance with section six of this Act, he shall, from data as to spot sales Collected by him, make rules and regulations for determining the actual commercial differences in the value of Spot Cotton of the grades established by him as reflected by bona fide sales of spot cotton, of the same or different grades, in the markets selected and designated by him, from time to time, for that purpose, and in that event, differences in value of cotton of various grades in- volved in contracts made pursuant to Section five Of this Act shall be determined in compliance With Such rules and regulations. (Aug. 11, 1916, c. 313, 39 Stat. 479.) § 6309.j. ISec. 9.1 Cotton standards—The Sec- retary of Agriculture is authorized, from time to time, to establish and promulgate standards of Cotton by which its quality or value may be judged or de- termined, including its grade, length of staple, strength of staple, color, and Such other qualities, properties, and conditions as may be standardized 1I]. practical form, which, for the purposes Of this Act, shall be known as the “Official cotton standards of the United States,” and to adopt, change, or replace the standard for any grade of cotton established un- der the Act making appropriations for the Depart- ment of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and nine (Thirty-Fifth. Statutes at Large, page two hundred and fifty-One), and Acts supplementary thereto: Provided, That ally & 6309k (Tit. 35 INTERNAL REVENUE IPage 1002] standard of any cotton established and promulgated under this Act by the Secretary of Agriculture shall not be changed or replaced within a period less than one year from and after the date of the promulgation thereof by the Secretary Of Agriculture: Provided further, That, subsequent to six months after the date section three of this Act becomes effective, no Change or replacement of any standard of any Cotton established and promulgated under this Act by the Secretary of Agriculture shall become effective until after one year’s public notice thereof, which notice shall Specify the date when the same is to become effective. The Secretary of Agriculture is authorized and directed to prepare practical forms of the Offi- Cial Cotton Standards which shall be established by him, and to furnish such practical forms from time to time, upon request, to any person, the cost thereof, as determined by the Secretary of Agriculture, to be paid by the person requesting the same, and to certify such practical forms under the seal of the Department Of Agriculture and under the signature of the said Secretary, thereto affixed by himself or by some official or employé of the Department Of Agri- culture thereunto duly authorized by the said Secre- tary. (Aug. 11, 1916, c. 313, 39 Stat. 479.) § 6309|K. ISec. 10. I Tax not levied on con- tracts complying with conditions prescribed; tax on sale of spot cotton; contracts complying with section 5—No tax shall be levied under this Act On any contract of sale mentioned in section three here- of, if the contract comply with each of the follow- ing Conditions: - . First. Conform to the rules and regulations made pursuant to this Act. Second. Specify the grade, type, sample, Or de- scription of the cotton involved in the contract, the price per pound at which such cotton is contracted to be bought or sold, the date of the purchase Or Sale, and the time when shipment or delivery of such cot- ton is to be made. Third. Provide that Cotton of Or within the grade or Of the type, or according to the sample Or descrip- tion, specified in the contract shall be delivered there- under, and that no cotton which does not conform to the type, sample, or description, or which is not of or within the grade specified in the contract shall be tendered or delivered thereunder. - Fourth. Provide that the delivery of cotton under the contract shall not be effected by means of “set- off” or “ring” settlement, but only by the actual trans- fer of the specified cotton mentioned in the Contract. The provisions of the first, third, and fourth Sub- divisions of this section shall be deemed fully incor- porated into any such contract if there be written or printed thereon, or on the document or memorandum evidencing the same, at or prior to the time the Same is entered into, the words “Subject to United States cotton futures Act, section ten.” This Act shall not be construed to impose a tax On any sale of spot cotton. This section shall not be construed to apply to any contract of sale made in compliance With section five of this Act. (Aug. 11, 1916, c. 313, 39 Stat. 479.) § 63091. ISec. 11.] Tax paid by stamps; af- fixing to contracts—The tax imposed by section three of this Act shall be paid by the seller of the Cotton involved in the contract of sale, by means Of Stamps which shall be affixed to such contracts, or to the memoranda evidencing the same, and canceled in COm- pliance with rules and regulations which shall be prescribed by the Secretary of the Treasury. (Aug. 11, 1916, c. 313, 39 Stat. 480.) - § 63091m. [Sec. 12..] Contracts not conform- ing to requirements not enforceable—No contract of sale of cotton for future delivery mentioned in Section three of this Act which does not COInform to the requirements of section four hereof and has not the necessary stamps affixed thereto as required by SO far as applicable, | Section eleven hereof shall be enforceable in any Court of the United States by, or on behalf of, any party to Such Contract or his privies. (Aug. 11, 1916, c. 313, 39 Stat. 480.) - § 63091m. ISec. 13.1 Regulations for collec- tion of tax and enforcement of act; records and returns; agents; internal-revenue laws applica- ble—The Secretary of the Treasury is authorized to make and promulgate such rules and regulations as he may deem necessary to collect the tax imposed by this Act and otherwise to enforce its provisions. Further to effect this purpose, he shall require all persons coming within its provisions to keep Such records and statements of account, and may require Such persons to make such returns verified under oath or otherwise, as will fully and correctly disclose all transactions mentioned in section three of this Act, including the making, execution, settlement, and fulfillment thereof; he may require all persons Who act in the capacity of a clearing house, Clearing as- sociation, or similar institution for the purpose of Clearing, settling, or adjusting transactions mentioned in section three of this Act to keep such records and to make such returns as will fully and correctly disclose all facts in their possession relating to such transactions; and he may appoint agents to Conduct the inspection necessary to collect said tax and Oth- erwise to enforce this Act and all rules and regu- lations made by him in pursuance hereof, and may fix the compensation of such agents. The provisions Of the internal-revenue laws of the United States, including sections thirty-One hundred and seventy-three, thirty-one hundred and Seventy-four, and thirty-One hundred and Seventy- five of the Revised Statutes, as amended, are here- by extended, and made to apply, to this Act. (Aug. 11, 1916, c. 313, 39 Stat. 480.) R. S. §§ 3173–3175, are $$ 5896–5898. § 63090. ISec. 14.] Failure to pay tax or other violation of law—Any person, liable to the payment of any tax imposed by this Act who fails to pay, or evades or attempts to evade the payment Of such tax, and any person who otherwise violates any provision of this Act, Or any rule or regulation made in pursuance hereof, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $20,000, in the discretion of the court; and, in case of natural per- Sons, may, in addition, be punished by imprisonment for not less than sixty days nor more than three years, in the discretion of the Court. (Aug. 11, 1916, C. 313, 39 Stat. 480.) - § 630919. [See. 15.1 Penalty, additional to punishment; actions therefor—In addition to the foregoing punishment there is hereby imposed, On a C- Count of each violation of this Act, a penalty of $2,- 000, to be recovered in an action founded On this Act in the name of the United States as plaintiff, and when SO recovered One-half of Said amount shall be paid Over to the person giving the information upon which such recovery was based. It shall be the duty of United States attorneys, to whom satis- factory evidence of violations of this Act is furnished, to institute and prosecute actions for the recovery of the penalties prescribed by this section. (Aug. 11, 1916, c. 313, 39 Stat. 481.) . § 6309q. [Sec. 16.1 Privilege of witness—NO person whose evidence is deemed material by the officer prosecuting on behalf of the United States in any case brought under any provision of this Act shall withhold his testimony because of complicity by him in any violation of this Act or of any regu- lation made pursuant to this Act, but any such person called by Such Officer who testifies in Such case shall be exempt from prosecution for any offense to which his testimony relates. (Aug. 11, 1916, c. 313, 39 Stat. 481.) . § 63091. ISec. 17.1 Effect of payment of tax on State laws and taxation—The payment of any Ch. 8c) 3 6309%a * * INTERNAL REVENUE [Page 10031 tax levied by this Act shall not exempt any perSOn from any penalty or punishment now or hereafter provided by the laws of any State for entering into contracts of sale of cotton for future delivery, nor shall the payment of any tax imposed by this Act be held to prohibit any State or municipality from im- posing a tax on the same transaction. (Aug. 11, 1916, c. 313, 39 Stat. 481.) § 6309s. [Sec. 19. I Appropriation; publica- tion of results of investigations—There are hereby appropriated out of any moneys in the Treasury not Otherwise appropriated, available until expended, the unexpended balance of the sum of $150,000 appropri- ated by section twenty of the said Act of August eighteenth, nineteen hundred and fourteen, and for the fiscal year ending June thirtieth, nineteen hundred and sixteen, the unexpended balance of the sum of $75,000 appropriated for the “Enforcement of the United States cotton futures Act” by the Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hun- dred and sixteen (Thirty-eighth Statutes at Large, page One thousand and eighty-six), or so much of each Of Said unexpended balances as may be nec- eSSary, to be used by the Secretary of Agriculture for the same purposes, in carrying out the provi- SiOns Of this Act, as those for which said sums, respectively, were originally appropriated, and to en- able the Secretary of Agriculture to carry out any Guties remaining to be performed by him under the Said Act of August eighteenth, nineteen hundred and fourteen. The Secretary of Agriculture is hereby di- rected to publish from time to time the results of in- Vestigations made in pursuance of this Act. All Sums Collected by the Secretary of Agriculture, as costs under Section five, or for furnishing practical forms under Section nine, of this Act, shall be deposited and COVered into the Treasury as miscellaneous receipts. (Aug. 11, 1916, c. 313, 39 Stat. 481.) § 6309t. ISec. 20.1 Time of taking effect of act; contracts not affected—Sections nine, eighteen, and nineteen of this Act and all provisions of this Act authorizing rules and regulations to be prescribed shall be effective immediately. All other sections of this Act shall become and be effective on and after the first day of the calendar month next succeeding the date Of the passage Of this Act : Provided, That nothing in this Act shall be construed to apply to any contract of sale of any cotton for future delivery men- tioned in Section three Of this Act which Shall have been made prior to the first day Of the Calendar month next Succeeding the date Of the passage Of this Act. (Aug. 11, 1916, c. 313, 39 Stat. 481.) § 6309ta. [Sec. 21. I Repeal; effect—The Act en- titled “An Act to tax the privilege of dealing on ex- Changes, boards of trade, and similar places in Con- tracts of sale of cotton for future delivery, and for Other purposes,” approved August eighteenth, nine- teen hundred and fourteen (Thirty-eighth Statutes at Large, page six hundred and ninety-three), is here- by repealed, effective on and after the first day of the Calendar month next Succeeding the date Of the pas- sage of this act: Provided, That nothing in this Act shall be construed to affect any right or privilege accrued, any penalty or liability incurred, or any pro- ceeding commenced under said Act Of August eight- eenth, nineteen hundred and fourteen, Or to diminish any authority Conferred by said Act On any official of the United States necessary to enable him to carry Out any duties remaining to be performed by him under the said Act, or to impair the effect Of the findings Of the Seeretary Of Agriculture upon any dispute re- ferred to him under said Act, or to affect any right in respect to, Or arising Out Of, any contract men- tioned in section three of said Act, made on or sub- Sequent to February eighteenth, nineteen hundred and fifteen, and prior to the first day of the calendar month next Succeeding the date of the passage of this Act, but so far as concerns any such contract said Act Of August eighteenth, nineteen hundred and fourteen, Shall remain in force with the same effect as if this Act had not been passed. (Aug. 11, 1916, c. 313, 39 Stat. 482.) w § 6309v. ISec. 22. I Partial invalidity of act —If any Clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court Of Competent jurisdiction to be invalid, such judgment Shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the Clause, Sentence, paragraph, or part thereof direct- ly involved in the controversy in which such judg- ment Shall have been rendered. (Aug. 11, 1916, c. 313, 39 Stat. 482.) Chapter Eight C–Transportation Fa- cilities by Public Utilities This chapter is a part of Title V of the War Revenue Act of 1917, Act Oct. 3, 1917, c. 63. Said title is entitled “War Tax on Facilities Furnished by Public Utilities, and Insurance.” Sec. 6309%a. Subjects of tax; amount of tax. exemptions. 6309%b. By whom tax paid; computation; 6309% C. Exemptions. - - 6309%d. Returns. § 6309%a. Subjects of tax; amount of tax- From and after the first day of November, nineteen hundred and seventeen, there shall be levied, assessed, collected, and paid (a) a tax equivalent to three per centum of the amount paid for the transportation by rail or water or by any form of mechanical motor power when in competition with carriers by rail or water of property by freight consigned from One point in the United States to another ; (b) a tax of 1 Cent for each 20 cents, or fraction thereof, paid to any person, corporation, partnership, or association, en- gaged in the business of transporting parcels Or pack- ages by express Over regular routes between fixed ter- minals, for the transportation of any package, parcel, Or shipment by express from one point in the United States to another: Provided, That nothing herein con- tained shall be COnStrued to require the Carrier Col- lecting such tax to list separately in any bill of lad- ing, freight receipt, or other similar document, the amount of the tax herein levied, if the total amount of the freight and tax be therein stated; (c) a tax equivalent to eight per centum of the amount paid for the transportation of persons by rail or water, or by any form of mechanical motor power on a regular established line when in competition with carriers by rail Or Water, from One point in the United States to another Or to any point in Canada. Or Mexico, where the ticket therefor is sold Or issued in the United States, not including the amount paid for commuta- tion or season tickéts for trips less than thirty miles, Or for transportation the fare for which does not ex- ceed 35 cents, and a tax equivalent to ten per centum of the amount paid for seats, berths, and staterooms in parlor cars, sleeping cars, or on vessels. If a mile- age book used for Such transportation or accommoda- tion has been purchased before this Section takes effect, or if cash fare be paid, the tax imposed by this section shall be collected from the person presenting the mileage book, or paying the cash fare, by the con- ductor Or Other agent, When presented for Such trans- portation or a CCommodation, and the amount so col- lected shall be paid to the United States in such man- ner and at such times as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe; if a ticket (other than a mile- age book) is bought and partially used before this section goes into effect it shall not be taxed, but if bought but not so used before this section takes effect, it shall not be valid for passage until the tax has been paid and Such payment evidenced on the ticket in Such manner as the Commissioner of Internal Reve- nue, with the approval of the Secretary of the Treas- 3 6309% b (Tit. 35 INTERNAL REVENUE [Page 1004] ury, may by regulation prescribe; (d) a tax equiva- lent to five per centum of the amount paid for the transportation of oil by pipe line; (e) a tax of 5 cents upon each telegraph, telephone, Or radio, dispatch, ImeSSage, Or Conversation, which Originates Within the United States, and for the transmission of which a Charge of 15 cents or more is imposed: Provided, That Only One payment of such tax shall be required, not- Withstanding the lines or stations of one or more per- SOns, Corporations, partnerships, or associations shall be used for the transmission of such dispatch, mes- Sage, or conversation. (Oct. 3, 1917, c. 63, § 500, 40 Stat. 314.) - § 6309%b. By whom tax paid; computation; exemptions—The taxes imposed by section five hun- dred shall be paid by the person, corporation, partner- Ship, Or association paying for the services or facilities rendered. In Case. Such Carrier does not, because of its Owner- Ship Of the COmmodity transported, or for any other rea SOn, receive the almount Which as a Carrier it would Otherwise charge, such carrier shall pay a tax equiva- lent to the tax which would be imposed upon the transportation of such commodity if the carrier re- ceived payment for such transportation: Provided, That in case of a carrier which on May first, nineteen hundred and Seventeen, had no rates Or tariff's On file with the proper Federal or State authority, the tax shall be Computed on the basis of the rates or tariffs Of Other carriers for like services as ascertained and determined by the Commissioner of Internal Revenue: Provided further, That nothing in this or the preced- ing Section shall be construed as imposing a tax (a) upon the transportation of any commodity which is necessary for the use Of the Carrier in the Conduct Of its business as such and is intended to be so used or has been SO used ; or (b) upon the transportation of company material transported by one carrier, which COInstitutes a part Of a railroad System, for another carrier which is also a part of the same system. (Oct. 3, 1917, c. 63, § 501, 40 Stat. 315.) § 6309%e. Exemptions—No tax shall be imposed under Section five hundred upon any payment received. for services rendered to the United States, or any State, Territory, or the District of Columbia. The right to exemption under this section shall be evi- denced in Such manner as the Commissioner Of Inter- nal Revenue, with the approval of the Secretary of the Treasury, may by regulation prescribe. (Oct. 3, 1917, c. 63, § 502, 40 Stat. 315.) - - § 6309%d. Returns—Each person, corporation, partnership, or association receiving any payments re- ferred to in Section five hundred shall collect the amount Of the tax, if any, imposed by such Section from the person, corporation, partnership, or associa- tion making Such payments, and shall make monthly returns under oath, in duplicate, and pay the taxes so Collected and the taxes imposed upon it under para- graph tWO Of Section five hundred and One to the CO1- lector of internal revenue of the district in which the principal Office or place of business is located. Such returns shall contain such information, and be made in Such manner, as the Commissioner of Internal Rey- enue, With the approval Of the Secretary Of the Treas- ury, may by regulation prescribe. (Oct. 3, 1917, c. 63, § 503, 40 Stat. 315.) Chapter Eight D–Insurance Policies See note at beginning of chapter 8C. Sec. 6309%a. Taº, on insurance policies. (a) Life insurance. (b) Marine, inland, and fire insurance. (c) Casualty insurance. - (d) Exemptions. $309%b. Returns. § 6309%4a. and after the first day of November, nineteen hundred and Seventeen, there shall be levied, assessed, collect- Tax on insurance policies—From ed, and paid the following taxes on the issuance of insurance policies: - (a) Life insurance—A tax equivalent to 8 cents On each $100 or fractional part thereof of the amount for Which any life is insured under any policy of in- Surance, Or Other instrument, by whatever name the Same is called: Provided, That on all policies for life insurance only by which a life is insured not in ex- CeSS of $500, issued on the industrial or weekly-pay- ment plan of insurance, the tax shall be forty per centum of the amount of the first weekly premium: Provided further, That policies of reinsurance shall be exempt from the tax imposed by this subdivision; (b) Marine, inland, and fire insurance—A tax equivalent to 1 cent on each dollar or fractional part thereof of the premium charged under each policy of insurance or other instrument by whatever name the Same is called whereby insurance is made or renewed upon property of any description (including rents or profits), Whether against peril by sea or inland waters, or by fire or lightning, or other peril: Provided, That policies of reinsurance shall be exempt from the tax imposed by this subdivision; . (c) Casualty insurance—A tax equivalent to 1 Cent On each dollar or, fractional part thereof of the premium charged under each policy of insurance or Obligation of the nature of indemnity for loss, dam. age, Or liability (except bonds taxable under subdivi. Sion two of schedule A of Title VIII) issued or execut- ed Or renewed by any person, corporation, partnership, Or association, transacting the business of employer’s liability, Workmen’s compensation, accident, health, tornado, plate glass, steam ºboiler, elevator, burglary, automatic Sprinkler, automobile, or other branch of insurance (except life insurance, and insurance de- Scribed and taxed in the preceding subdivision): Pro- Vided, That policies of reinsurance shall be exempt from the tax imposed by this subdivision; (d) Exemptions—Policies issued by any person, CorpOration, partnership, or association, whose in- COme is exempt from taxation under Title I of the Act entitled “An Act to increase the revenue, and for Other purposes,” approved September eighth, nine- teen hundred and sixteen, shall be exempt from the taxes imposed by this section. (Oct. 3, 1917, c. 63, § 504, 40 Stat. 315.) § 6309%b. Returns—Every person, corporation, partnership, Or association, issuing policies of insur- ance upon the issuance of which a tax is imposed by Section five hundred and four, shall, within the first fifteen days of each month, make a return under oath, in duplicate, and pay such tax to the collector of internal revenue of the district in which the prin- cipal office or place of business of such person, cor- poration, partnership, or association is located. Such returns shall Contain such information and be made in Such manner, as the Commissioner of Internal Rev- enue, with the approval of the Secretary of the Treas- ury, may by regulation prescribe. (Oct. 3, 1917, c. 63, § 505, 40 Stat. 316.) - & - Chapter Eight E-Theater, etc., Admis- sions and Club Dues or Fees This chapter is Title VII of the War, Revenue Act of 1917, Act Oct. 3, 1917, c. 63. Said title is entitled “War Tax on Admissions and Dues.” Sec. 6309%a. Tax on admissions to places of amusement; amount; - exemptions; admission defined. g - 63091%b. Tax on club dues or fees; exemptions. 6309%.c. Collection of tax; returns. § 63.09%a. Tax on admissions to places of amusement; amount; exemptions; admission defined—From and after the first day of November, nineteen hundred and seventeen, there shall be levied, assessed, collected, and paid (a) a tax of 1 cent for each 10 cents or fraction thereof of the amount paid for admission to any place, including admission by season ticket or subscription, to be paid by the person Ch. SF) - # 6309%a (g) INTERNAL REVENUE paying for such admission: Provided, That the tax On admission of children under twelve years Of age where an admission charge for such children is made shall in every case be 1 cent ; and (b) in the Case of persons (except bona fide employees, municipal offi- cers on official business, and children under twelve years of age) admitted free to any place at a time when and under circumstances under which an admis- sion charge is made to other persons of the same class, a tax of 1 cent for each. 10 cents or fraction thereof of the price so charged to Such other perSons for the same or similar accommodations, to be paid by the person SO admitted ; and (c) a tax Of 1 cent for each 10 cents. Or fraction thereof paid for admis- sion to any public performance for profit at any cab- aret or other similar entertainment to which the charge for admission is wholly or in part included in the price paid for refreshment, service, or merchan- dise; the amount paid for such admission to be com- puted under rules prescribed by the Commissioner of Internal Revenue, with the approval of the Secre- tary of the Treasury, such tax to be paid by the per- SOn paying for such refreshment, service, or merchan- dise. In the case of persons having the permanent use Of boxes or seats in an Opera house Or any place of amusement or a lease for the use of such box or seat in Such opera house or place of amusement there Shall be levied, assessed, collected, and paid a tax equivalent to ten per centum of the amount for which a Similar box or seat is sold for performance or ex- hibition at which the box or seat is used or reserved by Or for the lessee or holder. These taxes shall not be imposed in the case of a place the maximum charge for admission to which is 5 cents, or in the case of ShoWs, rides, and other amusements, (the maximum Charge for admission to which is 10 cents) within out- door general amusement parks, or in the case of ad- missions to such parks. No tax shall be levied under this title in respect to any admissions all the proceeds of which inure ex- clusively to the benefit of religious, educational, or Charitable institutions, societies, or organizations, or admissions to agricultural fairs none" of the profits Of Which are distributed to stockholders or members Of the association conducting the same. The term “admission” as used in this title includes . Seats and tables, reserved or otherwise, and other Similar accommodations, and the charges made there- for. (Oct. 3, 1917, c. 63, § 700, 40 Stat. 31S.) § 6309%b. Tax on club dues or fees; exemp- , tions—From and after the first day of November, nineteen hundred and seventeen, there shall be levied, aSSessed, Collected, and paid, a tax equivalent to ten per Centum of any amount paid as dues or member- Ship fees (including initiation fees), to any social, athletic, or Sporting club or organization, where such dues or fees are in excess of $12 per year; such taxes to be paid by the person paying such dues or fees: Provided, That there shall be exempted from the pro- Visions of this section all amounts paid as dues or fees to a fraternal beneficiary society, order, or asso- Ciation, Operating under the lodge system or for the exclusive benefit of the members of a fraternity it- Self Operating under the lodge system, and providing for the payment of life, sick, accident, or other bene: fits to the members of such society, order, or associa- tion, or their dependents. (Oct. 3, 1917, c. 63, § 701, 40 Stat. 319.) - § 6309%e. Collection of tax; returns—Every person, Corporation, partnership, or association (a) receiving any payments for such admission, dues, or fees, Shall collect the amount of the tax imposed by Section Seven hundred or seven hundred and one from the person making such payments, or (b) admit- ting any person free to any place for admission to Which a charge is made shall collect the amount of the tax imposed by section seven hundred from the perSOIn SO admitted, and (c) in either case shall make returns and payments of the amount so collected, at the same time and in the same manner as provided in IPage 10051 - section five hundred and three of this Act. (Oct. 3, 1917, c. 63, § 702, 40 Stat. 319.) F—Miscellaneous Ar- ticles This chapter is Title VI of the War Revenue Act of 1917, Act Oct. 3, 1917, c. 63. Said title is entitled “War Excise. Taxes.” - Sec. 6309%a. Tax on certain articles. Chapter Eight (a) Automobiles, automobile trucks, automobile Wagons, and motorcycles. (b) Piano players, graphophones, phonographs, talking machines, and records. (c) Unexposed moving picture films. (d) Positive moving-picture films. (e) Jewelry. * . (f) Tennis rackets, golf clubs, baseball bats, la- crosse sticks, balls, fishing rods and reels, bil- liard and pool tables. - (g) Perfumes and toilet articles. (h) Proprietary articles. (i) Chewing gum. - (j) Cameras. 6309%b. Returns. 6309% c. Tax on articles held and intended for sale; - ment, collection, and payment. . 6309%d. Tax on yachts, pleasure boats, power boats, sailing boats, and motor boats; measurement; new boats. § 6309%a. Tax on certain articles—There shall be levied, assessed, collected, and paid— (a) Automobiles, automobile trucks, automo- bile wagons, and motorcycles—Upon all automo- biles, automobile trucks, automobile wagons, and mo- torcycles, sold by the manufacturer, producer, or im- porter, a tax equivalent to three per centum of the price for which so sold; and (b) Piano players, graphophones, phono- graphs, talking machines, and records—Upon all piano players, graphophones, phonographs, talking machines, and records used in Connection with any musical instrument, piano player, graphophone, phon- ograph, or talking machine, sold by the manufacturer, producer, or importer, a tax equivalent to three per centum of the price for which so sold ; and (c) Unexposed moving picture films—Upon all moving-picture films (which have not been exposed) sold by the manufacturer or importer a tax equiva- lent to one-fourth of 1 cent per linear foot; and (d) Positive moving-picture films—Upon all positive moving-picture films (containing a picture ready for projection) sold or leased by the manufac- turer, producer, or importer, a tax equivalent to one- half of 1 cent per linear foot; and - (e) Jewelry—Upon any article COmmonly Or COIm- mercially known as jewelry, whether real or imita- tion, sold by the manufacturer, producer, or importer thereof, a tax equivalent to three per centum Of the price for which so sold ; and (f) Tennis rackets, golf clubs, baseball bats, lacrosse sticks, balls, fishing rods and reels, bil- liard and pool tables—Upon all tennis rackets, golf clubs, baseball bats, lacrosse sticks, balls of all kinds, including baseballs, foot balls, tennis, golf, lacrosse, billiard and pool balls, fishing rods and reels, billiard and pool tables, Chess and Checker boards and pieces, dice, games and parts of games, except playing cards and children’s toys and games, sold by the manufac- turer, producer, or importer, a tax equivalent to three per centum Of the price for which so sold ; and (g) Perfumes and toilet articles—Upon all per- fumes, essences, extracts, toilet Waters, COSmetics, petroleum jellies, hair oils, pomades, hair dressings, hair restoratives, hair dyes, tooth and mouth Washes, dentifrices, tooth pastes, aromatic Cachous, toilet soaps and powders, or any similar substance, article, or preparation by whatsoever name known or distin- guished, upon all of the above which are used or ap- plied or intended to be used or applied for toilet pur- poses, and which are sold by the manufacturer, im- porter, or producer, a tax equivalent to tWO per Cen- tum Of the price for which so sold ; and 3.SS6SS- t & 6309%a(h) (Tit. 35 INTERNAL REVENUE (h) Proprietary articles—Upon all pills, tablets, powders, tinctures, troches or lozenges, Sirups, medic- inal cordials or bitters, anodynes, tonics, plasters, liniments, Salves, Ointments, pastes, drops, Waters (except those taxed under section three hundred and thirteen of this Act), essences, Spirits, oils, and all medicinal preparations, compounds, or compositions whatsoever, the manufacturer or producer of which claims to have any private formula, secret, or occult art for making or preparing the same, or has Or claims to have any exclusive right or title to the mak- Ting or preparing the same, or Which are prepared, uttered, vended, or exposed for sale under any letters patent, or trade-mark, or which, if prepared by any formula, published or unpublished, are held out Or recommended to the public by the makers, Venders, or proprietors thereof as proprietary medicines or medicinal proprietary articles or preparations, or as remedies or specifics for any disease, diseases, or affec- tion whatever affecting the human or animal body, and which are sold by the manufacturer, producer, or importer, a tax equivalent to two per centum of the price for which so sold ; and (i) Chewing gum—Upon all chewing gum or Sub- stitute therefor sold by the manufacturer, producer, or importer, a tax equivalent to two per centum of the price for which SO Sold ; and (j) Cameras—Upon all Cameras Sold by the man- ufacturer, producer, Or importer, a tax equivalent to three per centum of the price for which so sold. (Oct. 3, 1917, c. 63, § 600, 40 Stat. 316.) § 6309%b. Returns—Each manufacturer, pro- ducer, or importer of any of the articles enumerated in section six hundred shall make monthly returns under, Oath in duplicate and pay the taxes imposed On Such articles by this title to the Collector of in- ¥ernal revenue for the district in which is located the principal place of business. Such returns shall con- tain such information, and be made at such times and in Such manner as the Commissioner Of Internal ReV- enue, with the approval of the Secretary of the Treas- ury, may by regulations prescribe. (Oct. 3, 1917, c. 63, § 601, 40 Stat. 317.) - § 6309%e. Tax on articles, held and intended for sale; assessment, collection, and payment— Upon all articles enumerated in Subdivisions (a), (b), (e), (f), (g), (h), (i), Or (j) of Section six hundred, which On the day this Act is passed are held and in- tended for sale by any person, corporation, partner- ship, or association, other than (1) a retailer who is not also a wholesaler, or (2) the manufacturer, pro- ducer, or importer thereof, there shall be levied, as- sessed, collected, and paid a tax equivalent to One- half the tax imposed by each such subdivision upon the Sale Of the articles therein enumerated. This tax shall be paid by the person, corporation, partnership, or association so holding Such articles. The taxes imposed by this Section shall be assessed, Collected, and paid in the same manner as provided in Section ten hundred and two in the Case Of addi- tional taxes upon articles upon which the tax imposed by existing law has been paid. Nothing in this section shall be construed to impose a tax upon articles sold and delivered prior to May ninth, nineteen hundred and seventeen, where the ti- tle is reserved in the vendor as Security for the pay- ment of the purchase money. (Oct. 3, 1917, c. 63, § 602, 40 Stat. 317.) § 63.09%d. Tax on yachts, pleasure boats, pow- er boats, sailing boats, and maotor boats; meas- urement; new boats—On the day this Act takes ef- fect, and thereafter On July first in each year, and also at the time Of the Original purchase of a new boat by a user, if on any other date than July first, there shall be levied, assessed, Collected, and paid upon the use of yachts, pleasure boats, power boats, and sailing boats, of Over five net tons, and motor boats with fixed engines, not used exclusively for trade or national defense, or not built according to IPage 1006] plans and specifications approved by the Navy De- partment, an excise tax to be based on each yacht Or boat, at rates as follows: Yachts, pleasure boats, power boats, motor boats with fixed engines, and sails ing boats, of over five net tons, length not over fifty feet, 50 cents for each foot, length over fifty feet and not over one hundred feet, $1 for each foot, length Over one hundred feet, $2 for each foot; mo– tor boats of not over five net tons with fixed en- gines, $5. - In determining the length of such yachts, pleasure boats, power boats, motor boats with fixed engines, and Sailing boats, the measurement of over-all length shall govern. - In the Case Of a tax imposed at the time of the orig- inal purchase of a new boat on any other date than July first, the amount to be paid shall be the same Inumber of twelfths of the amount of the tax as the number of Calendar months, including the month of Sale, remaining prior to the following July first. (Oct. 3, 1917, c. 63, § 603, 40 Stat. 318.) Chapter Nine—Stamp Taxes on Specific Sec. Objects 6310. Tax on playing cardis. 6311. Same; Stamps; cancellation; fraudulent use. 6312. Same; manufacturers to register. - 6313. Same; preparation and furnishing of stamps. 6314. Forging, counterfeiting, or fraudulently using or selling Stamps. 6315. Playing cards; fixing stamps. 6316. Same; removing stamps from. 6317. Same; selling without stamps. 6318. Same; manufacturer to pay tax; who deemed manufac- selling or removing for sale without af- turer; foreign manufacture. 6318a. Tax on bonds and other instruments. 6318b. Same; exemptions. 6318bb. sº exemptions; notes secured by bonds of United a UeS. 6318C. Same; offenses. 6318d. Same; other offenses. 6318e. Same; cancellation of stamps. 6318f. (a) Same; preparation and distribution of stamps; af- fixing Stamps. (b) Same; contracts for printing. (c) Same; collection of omitted taxes. 6318g. Same; Starmps furnished to Postmaster General; dis- - tribution and sale. 6318h. Same; stamps for assistant treasurers or designated depositaries; bonds; schedule of taxes. SCHEDTULE A–STAIMIP TAXES (1) Bonds, debentures, or certificates of indebted- ness; renewals; tax based on amounts secured. (2) Indemnity and surety bonds. (3) Issues of capital stock. (4) Sales or transfers of capital stock. (5) Sales on exchange for future delivery. (6) Time drafts or checks, and prornissory notes. (7) Conveyances of land. (8) Entries at custom houses. - (9) Entries for withdrawal from customs bonded Warehouses. (10) Tickets for passage to port or place not in Unit- ed States, Canada, or Mexico. (11) Voting proxies. - (12) Powers of attorney. (13) Playing cards; additional tax. (14) Parcel-post packages. (R. S. §§ 3418, 3419. Repealed.) R. S. § 3418, imposed a tax on bank checks, drafts, and Orders for the payment of money drawn on banks, bank- ers, and trust companies. It was modified by Act Feb. 8, 1875, c. 36, § 15, 18 Stat. 310, which amended Act June 30, 1864, c. 173, § 151, 13 Stat. 291, which was incorporated into this section. The tax was repealed by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. R. S. § 3419, imposed a tax on medicinal preparations, perfumery, cosmetics, matches, playing cards, etc., as designated in Schedule A, following R. S. § 3437. The tax was repealed by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. (R. S. §§ 3420–3432. Superseded.) Section 3420, exempted from the stamp tax blank checks, drafts, and orders issued by officers of the United States Government, or officers of States or municipalities. § 3421 rendered unstamped instruments subject to a stamp tax inadmissible in evidence, made it unlawful to record them, and declared such recording void. Section 3422 subjected • the party omitting to stamp an instrument required to be stamped to a penalty. It was amended by Act Feb. 18, 1875, c. 80, 18 Stat. 319, and by Act Feb. 27, 1877, c. 69, 19 Ch.9) 3 6314 INTERNAL REVENUE IPage 1007] Stat. 248. § 3423 prescribed the manner of canceling the stamps denoting the tax imposed by this chapter. § 3424 authorized the Commissioner of Internal Revenue to pre- scribe methods of canceling such stamps, either as a Sub- stitute for, or in addition to, the method prescribed in this chapter. § 3425 authorized the Commissioner to sell adhesive stamps or stamped paper to collectors and depu- ties, and to postmasters, stationers, and others. § 3426 authorized the Commissioner to make allowances for stamps spoiled, destroyed, or rendered useless. It was amended by Act March 1, 1879, c. 125, § 17, 20 Stat. 349. § 3427 authorized the Commissioner to supply collectors, as- sistant treasurers of the United States, designated deposi- tories, and postmasters with adhesive stamps without pre- payment therefor. § 3428 authorized the Commissioner to make regulations as to the disposal and safe-keeping of adhesive stamps and stamped paper. All these Sections were superseded by Act March 3, 1883, c. 121, § 1, 22 Stat. 488, which repealed the taxes imposed by R. S. §§ 3418, 3419. § 3429, rendered the forging, counterfeiting, etc., Or fraudulently using or selling stamps made or used pursu- ant to this chapter or any previous law on the subject punishable by imprisonment or fine, or both, at the dis- Cretion of the court. It was amended by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 248, and was again amended by Act March 1, 1879, c. 125, § 17, 20 Stat. 349, to read as set forth there. And the section as so amended was re-enacted in the same words, except the change of the words “this chapter” to “this Act,” by the Wilson Tariff Act of Aug. 27, 1894, c. 349, § 42 (§ 6314). § 3430, imposed a penalty on a person selling or removing for sale drugs, medicinal preparations, perfumery, cosmetics, etc., matches, and playing cards, without affixing the required stamp. It was amended by Act March 1, 1879, c. 125, § 19, 20 Stat. 351. § 3431 imposed a penalty on a manufacturer of drugs, medicinal preparations, perfumery, cosmetics, etc., match- es, and playing cards, removing stamps affixed on such ar- ticles. § 3432 imposed a penalty on manufacturers selling drugs, medicinal preparations, perfumery, cosmetics, etc., matches and playing cards, without affixing the required stamp. These three sections, also, Were Superseded by the repeal of the stamp-taxes referred to therein, which were imposed by R. S. §§ 3418, 3419, by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. § 6310. Tax on playing cards—On and after the first day of August, eighteen hundred and ninety- four, there shall be levied, collected, and paid, by adhesive stamps, a tax of two cents for and upon every pack of playing cards containing not more than fifty-four cards, manufactured and sold or removed, and also upon every pack in the stock of any dealer On and after that date; and the Commissioner Of In- ternal Revenue, with the approval of the Secretary of the Treasury, shall make regulations as to dies and adhesive stamps. (Aug. 27, 1894, C. 349, § 38, 28 Stat. 560.) § 6311. Same; staxmps; cancellation; fraud- ulent use—In all cases where an adhesive stamp is used for denoting the tax imposed by this Act upon playing cards, except as hereinafter provided, the person using or affixing the same shall write there- on the initials of his name and the date On which such stamp is attached or used, so that it may not again be used. And every person who fraudulently makes use of an adhesive stamp to denote any tax imposed by this Act without so effectually canceling and obliterating such stamp shall forfeit the Sum of fifty dollars. The Commissioner of Internal ReV- enue is authorized to prescribe such method for the cancellation of stamps as substitute for, Or in addi- tion to the method prescribed in this section as he may deem expedient and effectual. And he is au- thorized, in his discretion, to make the application of such method imperative upon the manufacturers of playing cards. (Aug. 27, 1894, c. 349, § 39, 28 Stat. 560.) , § 6312. Same; manufacturers to register–FV- ery manufacturer of playing cards shall register with the collector of the district his name Or style, place of residence, trade, or business, and the place where such business is to be carried on, and a failure to register as herein provided and required shall Sub- ject such person to a penalty of fifty dollars. (Aug. 27, 1894, c. 349, § 40, 28 Stat. 560.) § 6313. Same; preparation and furnishing of stamps—The Commissioner of Internal Revenue shall cause to be prepared, for payment of the tax upon playing cards, suitable stamps denoting the tax there- on. Such stamps shall be furnished to Collectors re- quiring them, and collectors shall, if there be any manufacturers of playing cards within their respec- tive districts, keep on hand at all times a Supply equal in amount to two months’ sales thereof, and Shall Sell the same Only to such manufacturers as have registered as required by law and to importers Of playing cards, who are required to affix the same to imported playing cards, and to persons who are required by law to affix the same to stocks of playing cards on hand when the tax thereon imposed first takes effect. Every collector shall keep an account Of the number and denominate values of the stamps Sold by him to each manufacturer and to other per- Sons above described. (Aug. 27, 1894, c. 349, § 41, 28 Stat. 560.) § 6314. Forging, counterfeiting or fraudu- lently using or selling stamps—If any person shall forge Or Counterfeit, or cause or procure to be forged Or Counterfeited, any stamp, die, plate, or other instru- ment, Or any part of any stamp, die, plate, or other in- Strument which shall have been provided or may here- after be provided, made, or used in pursuance of the provisions of this Act or of any previous provisions of law. On the same subjects, or shall forge, counterfeit, or resemble, or cause or procure to be forged, counter- feited, or resembled the impression or any part of the impression of any such stamp, die, plate, or other in- Strument, as aforesaid, upon any paper, or shall Stamp Or mark or cause or procure to be stamped Or marked any paper with any such forged or coun- terfeited stamp, die, plate, or other instrument or part of any stamp, die, plate, or other instrument, aS aforesaid, with intent to defraud the United States Of any of the taxes hereby imposed or any part there- Of; or if any person shall utter, or sell, or expose to Sale any paper, article, or thing having thereupon the impression of any such counterfeited stamp, die, plate, Or Other instrument, or any part of any stamp, die, plate, Or Other instrument, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same to be forged, counterfeited, or resembled; or if any person shall knowingly USe Or permit the use Of any stamp, die, plate, or other instrument which shall have been so provided, made, or used, as aforesaid, with intent to defraud the United States ; Or if any per- son shall fraudulently cut, tear, or remove, or Cause or procure to be cut, torn, or removed, the impression of any stamp, die, plate, or other instrument, which shall have been provided, made, or used in pursuance of this Act, or of any previous provisions of law on the same subjects, from any paper, or any instru- ment or writing charged or chargeable with any of the taxes imposed by law ; or if any person shall fraudulently use, join, fix, or place, or cause to be used, joined, fixed, or placed, to, with, or upon any paper, or any instrument or writing charged or chargeable with any of the taxes hereby imposed, any adhesive stamp, or the impression of any stamp, die, plate, or other instrument, which shall have been provided, made, or used in pursuance of law, and which shall have been cut, torn, or removed from any other paper or any instrument or writing charged or chargeable with any of the taxes imposed by law ; or if any person shall willfully remove or cause to be removed, alter or cause to be altered, the cancel- ing or defacing marks on any adhesive stamp, with intent to use the same, Or to cause the use of the same, after it shall have been once used, or shall knowingly or willfully sell or buy such waished or restored stamps or offer the same for sale, Or give or expose the same to any person for use, or know- ingly use the same, or prepare the same with intent for the further use thereof; or if any person shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any washed, restored, or altered stamps. # 6315 (Tit. 35 INTERNAL REVENUE IPage 10081 which have been removed from any article, paper, instrument, or writing, then, and in every such case, every person so offending, and every person know- ingly and willfully aiding, abetting, or assisting in committing any such offense as aforesaid, shall, on conviction thereof, forfeit the said counterfeit, wash- ed, restored, or altered stamps and the articles upon which they are placed and be punished by fine not eXCeeding One thousand dollars, or by imprisonment and Confinement to hard labor not exceeding five years, or both, at the discretion of the court. And the fact that any adhesive stamp so bought, sold, of. fered for sale, used, or had in possession as afore- said, has been washed or restored by removing or altering the canceling or defacing marks thereon, Shall be prima-facie proof that such stamp has been : Once used and removed by the possessor thereof from Some paper, instrument, or writing charged with tax- es imposed by law, in violation of the provisions of this section. (Aug. 27, 1894, c. 349, § 42, 28 Stat. 561.) § 6315. Playing cards; for sale without affixing stazaps—Whenever any person makes, prepares, and sells or removes for con- Sumption. Or Sale, playing cards, whether of domestic manufacture Or imported, upon which a tax is im- posed by law, without affixing thereto an adhesive Stamp denoting the tax before mentioned, he shall in- Cur a penalty of fifty dollars for every omission to affix such stamp: Provided, That playing cards may be removed from the place of manufacture for ex- port to a foreign country, without payment of tax, Or affixing stamps thereto, under such regulations and the filing of such bonds as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. (Aug. 27, 1894, c. 349, § 43, 28 Stat. 562.) § 6316. Same; removing stamps from-Every manufacturer or maker of playing cards who, after the same are so made, and the particulars hereinbe- fore required as to stamps have been complied with, takes off, removes, or detaches, or Causes, Or permits, Or Suffers to be taken off, or removed, or detached, any stamp, or who uses any stamp, or any Wrapper or COVer to which any stamp is affixed, to cover any Other article or commodity than that Originally con- tained in such wrapper or cover, with such Stamp When first used, with the intent to evade the Stamp duties, Shall, for every such article, respectively, in respect of which any such offense is committed, be Subject to a penalty of fifty dollars, to be recovered together with the costs thereupon aCCruing ; and every Such article or commodity as aforesaid shall º be forfeited. (Aug. 27, 1894, c. 349, § 44, 28 Stat. § 6317. Same; selling without starmps—Every maker or manufacturer of playing cards Who, to evade the tax or duty chargeable thereon, or any part thereof, Sells, exposes for sale, sends Out, removes, or delivers any playing cards before the duty thereon . has been fully paid, by affixing thereon the proper Stamp, as provided by law, or who, to evade as afore- Said, hides or conceals, or causes to be hidden or Concealed, or removes or conveys away, or deposits, or Causes to be removed or conveyed away from or deposited in any place, any such article or COmmodity, shall be subject to a penalty of fifty dollars, together With the forfeiture of any such article or commodi- ty. (Aug. 27, 1894, c. 349, § 45, 28 Stat. 562.) - § 6318. Same; manufacturer to pay tax; who deermed manufacturer; foreign manufacture—The tax on playing cards shall be paid by the manufacturer £hereof. Every person who offers or exposes for sale playing cards, whether the artićles so offered or ex- Posed are of foreign manufacture and imported or are of domestic manufacture, shall be deemed the manufacturer thereof, and subject to all the duties, iiabilities, and penalties imposed by law in regard to the Sale Of domestic articles Without the use of the selling or zeymoving proper stamps denoting the tax paid thereon, and all Such articles of foreign manufacture shall, in ad- dition to the import duties imposed on the same, be Subject to the stamp tax prescribed in this Act. (Aug. 27, 1894, c. 349, § 46, 28 Stat. 562.) - (R. S. § 3433. Superseded.) This section, as enacted in the Revised Statutes, provid- ed that medicines, preparations, etc., manufactured wholly or in part of domestic spirits, intended for exportation, in order to be manufactured and sold or removed, without being charged with duty, and without having a stamp af- fixed thereto, should be manufactured in warehouses, as thereby prescribed. An amendment of the section by in- serting therein the words “except distilled spirits,” was Superseded by provisions for removal of distilled spirits from distillery warehouses, without payment of tax, by manufacturers of medicines, preparations, etc., in manu- facturing warehouses, made by Act March 1, 1879, c. 125, § 20, amended by Act May 28, 1880, c. 108, § 14 (§ 6068). The provisions of the original section, without said insert- ed words “except distilled spirits,” were substantially re- enacted in and superseded by section 10 of the McKinley Tariff Act of Oct. 1, 1890, c. 1244, § 10 (§ 6339). (R. S. §§ 3435–3437. Superseded.) Section 3435 defined manufacturers of the articles men- tioned in Schedule A, following R. S. § 3437, as persons who offered or exposed for sale any of Such articles. § 3436 exempted from stamp tax medicines compounded ac- cording to the United States or other national pharmaco- poeia. § 3437, authorized an assessment of unpaid taxes payable by Stamps. The schedule of medicinal prepara- tions, perfumeries, cosmetics, etc., designated as Schedule A, followed $ 3437. All these sections, together with said Schedule A, and Act Feb. 8, 1875, c. 36, § 22, were super- seded by Act March 3, 1883, c. 121, § 1, 22 Stat. 488, which repealed the taxes imposed by R. S. §§ 3418, 3419. STAMIT TAX ACT OF 1914 ; Act Oct. 22, 1914, c. 331, §§ 5–24, 38 Stat. 753–764, relating to stamp taxes on documents, and other objects, was re- pealed by Act Sept. 8, 1916, c. 463, § 410 ($ 59.807). By sec- tion 411 of the act last mentioned (§ 6346a) the Commis- Sioner of Internal Revenue is authorized to redeem unused Stamps issued under such Act Oct. 22, 1914. § 63.18a. Tax on bonds and other instruments —On and after the first day of December, nineteen hundred and seventeen, there shall be levied, collect- ed, and paid, for and in respect of the several bonds, debentures, or certificates of stock and of indebted- neSS, and other documents, instruments, matters, and things mentioned and described in Schedule A Of this title, or for or in respect of the vellum, parchment, or paper upon which such instruments, matters, or things, Or any of them, are written or printed, by any person, Corporation, partnership, or assóciation who Imakes, Signs, issues, sells," removes, consigns, or ships the Same, Or for Whose use or benefit the same are made, signed, issued, sold, removed, consigned, or shipped, the Several taxes specified in such schedule. (Oct. 3, 1917, c. 63, § 800, 40 Stat. 319.) This and the following sections (except $ 6318bb) were Title VIII of the War Revenue Act of 1917, Act Oct. 3, 1917, c. 63, entitled “War Stamp Taxes.” § 6318 b. Same; exermptions—There shall not be taxed under this title any bond, note, or other instru- ment, issued by the United States, or by any foreign Government, or by any State, Territory or the Dis- trict of Columbia, or local subdivision thereof, or mu- nicipal or other corporation exercising the taxing power, when issued in the exercise of a strictly gov- ernmental, taxing, or municipal function; or stocks and bonds issued by Cooperative building and loan associations which are Organized and Operated exclu- sively for the benefit of their members and make loans only to their shareholders, or by mutual difch or irrigating companies. (Oct. 3, 1917, c. 63, § 801, 40 Stat. 319.) § 6318 bh. Same; exemptions; notes secured by bonds of United States—No stamp tax shall be required Or imposed upon a promissOry note Secured by the pledge of bonds or obligations of the United States issued after April twenty-fourth, nineteen hundred and seventeen, or secured by the pledge of a promissory note which itself is secured by the pledge Of Such bonds Or obligations: Provided, That in ei- ther Case the par Value Of Such bonds Or Obligations Ch. 9) 3 6318h (1) INTERNAL BEVENUE shall equal the amount of such note. (April 5, 1918, c. 45, § 301, 40 Stat.) § 6318 e. Same; offenses—Whoever— (a) Makes, signs, issues, or accepts, or Causes to be made, signed, issued, or accepted, any instrument, document, or paper of any kind or description what- SOever Without the full amount of tax thereon being duly paid; - - (b) Consigns or ships, or causes to be COnsigned Or Shipped, by parcel post any parcel, package, Or ar- ticle Without the full amount Of tax being duly paid : (c) Manufactures or imports and sells, or offers for sale, or causes to be manufactured or imported and sold, or offered for sale, any playing cards, package, Or Other article Without the full amount Of tax being duly paid; (d) Makes use of any adhesive stamp to denote any tax imposed by this title without canceling or obliter- ating such stamp as prescribed in section eight hun- dred and four; - Is guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than $100 for each Offense. (Oct. 3, 1917, c. 63, § 802, 40 Stat. 320.) § 6318d. Same; other offenses—Whoever— (a) Fraudulently cuts, tears, or removes from any vellum, parchment, paper, instrument, Writing, pack- age, or article, upon which any tax is imposed by this title, any adhesive stamp or the impression Of any stamp, die, plate, or other article provided, made, Or used in pursuance Of this title; \ (b) Fraudulently uses, joins, fixes, or places to, With, Or upon any Vellum, parchment, paper, instrument, writing, package, or article, upon which any tax is imposed by this title, (1) any adhesive stamp, or the impression of any stamp, die, plate, or other article, which has been Cut, torn, or removed from any other vellum, parchment, paper, instrument, Writing, pack- age, or article, upon which any tax is imposed by this title; or (2) any adhesive stamp or the impression of any stamp, die, plate, or other article of insufficient value; or (3) any forged or counterfeit stamp, Or the impression of any forged or counterfeited Stamp, die, plate, or other article; (c) Willfully removes, or alters the cancellation, or defacing marks of, or otherwise prepares, any ad- hesive stamp, with intent to use, Or Cause the same to be used, after it has been already used, or knowing- ‘ly or willfully buys, sells, offers for sale, or gives away, any such washed or restored Stamp to any per- son for use, Or knowingly uses the same ; (d) Rnowingly and without lawful excuse (the bur- den of proof of such excuse being On the accused) has in possession any washed, restored, or altered stamp, which has been removed from any Vellum, parchment, paper, instrument, Writing, package, Or article, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000, or by im- prisonment for not more than five years, Or both, in the discretion of the Court, and any such reused, Can- celed, Or Counterfeit stamp and the Vellum, parch- ment, document, paper, package, or article upon which it is placed Or impressed shall be forfeited to the TJnited States. (Oct. 3, 1917, c. 63, § 803, 40 Stat. 320.) § 6318e. Same; cancellation of starmps—When- ever an adhesive stamp is used for denoting any tax imposed by this title, except as hereinafter provid- ed, the person, Corporation, partnership, or associa- tion, using or affixing the Same shall write or stamp or cause to be written or stamped thereupon the ini- tials of his Or its name and the date upon which the same is attached or used, SO that the same may not again be used: Provided, That the Commissioner of Internal Revenue may prescribe such other method for the cancellation of such stamps as he may deem expedient. (Oct. 3, 1917, c. 63, § 804, 40 Stat. 320.) COMP.ST.’18–64 [Page 1009] § 6318ſ. er Of Internal Revenue shall, cause to be prepared and distributed for the payment of the taxes prescribed in this title suitable stamps denoting the tax. On the document, articles, or thing to which the same may be affixed, and shall prescribe such method for the affixing of said stamps in substitution for Or in addi- tion to the method provided in this title, as he may deem expedient. (b) Same; contracts for printing—The Commis- sioner of Internal Revenue, with the approval of the Secretary of the Treasury, is authorized to procure any of the stamps provided for in this title by Con- tract whenever such stamps can not be speedily pre- pared by the Bureau of Engraving and Printing; but this authority shall expire on thié first day of January, nineteen hundred and eighteen, except as to imprint- ed Stamps furnished under Contract, authorized by the Commissioner Of Internal Revenue. . (c) Same; collection of omitted taxes—All in- ternal-revenue laws relating to the assessment and collection of taxes are hereby extended to and made a part of this title, so far as applicable, for the pur- pose of Collecting Stamp taxes Omitted through mis- take or fraud from any instrument, document, paper, writing, parcel, package, or article named herein. (Oct. 3, 1917, c. 83, § 805, 40 Stat. 320.) § 6318g. Same; stamps furnished to Postmas- ter General; distribution and sale—The Commis- SiOner of Internal Revenue shall furnish to the POSt. master General without prepayment a suitable quan- tity of adhesive stamps to be distributed to and kept On Sale by the various postmasters in the United States. The Postmaster General may require each Such postmaster to give additional Or increased bond as postmaster for the value of the stamps so furnish- ed, and each Such postmaster shall deposit the re- ceipts from the sale of such stamps to the credit of and render accounts to the Postmaster General at such times and in Süch form as he may by regulations prescribe. The Postmaster General shall at least Once monthly transfer all Collections from this source to the Treasury as internal-revenue collections. (Oct. 3, 1917, c. 63, § 806, 40 Stat. 321.) § 6318 h. Same; stamps for assistant treas- urers or designated depositaries; bornds; schedule of taxes—The CollectOTS Of the Several districts shall furnish Without prepayment to any assistant treasur- er or designated depositary of the United States lo- cated in their respective collection districts a suit- able quantity of adhesive stamps for sale. In such cases the CollectOr may require a bOrid, with Suffi- cient sureties, to an amount equal to the Value of the adhesive stamps so furnished, Conditioned for the faithful return, Whenever SO required, Of all quanti- ties or amounts undisposed Of, and for the payment monthly of all quantities or amounts sold or not re- maining on hand. The Secretary of the Treasury may from time to time make Such regulations as he may find necessary to insure the Safe-keeping or prevent the illegal use of all such adhesive stamps. scHEDULE A–STAMP TAXES (1) Bonds, debentures, or certificates of indebt- edness; renewals; tax based on amounts secured— Bonds of indebtedness: Bonds, debentures, or cer- tificates Of indebtedness issued. On and after the first day Of December, nineteen hundred and seventeen, by any person, COrporation, partnership, or associa- tion, On each $100 of face value or fraction thereof, 5 cents: Provided, That every renewal of the fore- going shall be taxed as a new issue: Provided further, That when a bond conditioned for the repayment or payment of money is given in a penal sum greater than the debt Secured, the tax shall be based upon the amount Secured. - (a) Same; preparation and distribu- tion of starmps; affixing stamps—The Commission- . & 6318h (2) (Tit. 35 INTERNAL REVENUE IPage 1010] (2) Indemnity and surety bonds—Bonds, indem- nity and Surety: Bonds for indemnifying any person, COrpOration, partnership, Or Corporation Who shall have become bound or engaged as Surety, and all bonds for the due execution or performance of any con- tract, obligation, or requirement, or the duties of any Office or position, and to account for money received by virtue thereof, and all other bonds of any descrip- tion, except Such as may be required in legal proceed- ings, not otherwise provided for in this schedule, 50 cents: Provided, That where a premium is charged for the execution of such bond the tax shall be paid at the rate Of One per Centum On each dollar Or fraC- tional part thereof of the premium charged: Provid- ed further, That policies of reinsurance shall be ex- empt from the tax imposed by this subdivision. (3) Issues of capital stock—Capital stock, issue: On each original issue, whether on organization or re- organization, of certificates of Stock by any associa- tion, company, or corporation, On each $100 of face value or fraction thereof, 5 cents: Provided, That where capital stock is issued without face Value, the tax shall be 5 cents per share, unless the actual Value is in excess of $100 per share, in which case the tax shall be 5 cents on each $100 of actual value or fraction thereof. The stamps representing the tax imposed by this subdivision shall be attached to the stock books and not to the certificates issued. (4) Sales or transfers of capital stock—Capital stock, sales or transfers: On all sales, or agreements to sell, or memoranda of sales or deliveries of, Or transfers of legal title to shares or certificates Of stock in any association, company, Or Corporation, whether made upon or shown by the books Of the as- sociation, company, or corporation, or by any assign- ment in blank, or by any delivery, Or by any paper Or agreement or memorandum or other evidence of trans- fer or sale, whether entitling the holder in any man- ner to the benefit of such stock or not, on each $100 of face value or fraction thereof, 2 cents, and Where Such shares of stock are without par value, the tax Shall be 2 cents on the transfer or sale or agreement to Sell on each share, unless the actual value thereof is in excess of $100 per share, in which case the tax shall be 2 cents on each $100 of actual value or fraction thereof: Provided, That it is not intended by this title to impose a tax upon an agreement evidencing a deposit of stock certificates as collateral security for money loaned thereon, which stock certificates are not actually sold, nor upon such stock certificates SO deposited: Provided further, That the tax shall not be imposed upon deliveries or transfers to a broker for sale, nor upon deliveries or transfers by a broker to a customer for whom and upon whose Order he has purchased same, but such deliveries or transfers shall be accompanied by a certificate setting forth the facts: Provided further, That in case of sale where the evi- dence of transfer is shown Only by the books Of the company the stamp shall be placed upon such books; and where the change of Ownership is by transfer of the certificate the stamp shall be placed upon the certificate; and in cases of an agreement to sell or where the transfer is by delivery of the certificate as- signed in blank there shall be made and delivered by the Seller to the buyer a bill or memorandum of Such sale, to which the stamp shall be affixed; and every bill or memorandum of sale or agreement to sell be- fore mentioned shall show the date thereof, the name Of the Seller, the amount of the Sale, and the matter or thing to which it refers. Any person or persons liable to pay the tax as herein provided, or anyone Who acts in the matter as agent or broker for Such person or persons who shall make any such sale, or Who shall in pursuance of any such sale deliver any Stock or evidence of the sale of any stock or bill or memorandum thereof, as herein required, without hav- ing the proper stamps affixed thereto with intent to eVade the foregoing provisions shall be deemed guilty Of a misdemeanor, and upon conviction thereof shall pay a fine of not exceeding $1,000, or be imprisoned not more than six months, or both, at the discretion of the COUrt. (5) Sales on exchange for future delivery— Produce, Sales of, on exchange: Upon each sale, agreement of sale, or agreement to sell, including SO- Called transferred or scratch sales, any products or merchandise at any exchange, or board of trade, or Other similar place, for future delivery, for each $100 in Value of the merchandise covered by said sale or agreement of sale or agreement to sell, 2 cents, and for each additional $100 or fractional part thereof in excess of $100, 2 cents: Provided, That on every sale Or agreement Of Sale or agreement to sell as aforesaid there shall be made and delivered by the seller to the buyer a bill, memorandum, agreement, or other evidence of Such sale, agreement of sale, or agreement to Sell, to which there shall be affixed a lawful stamp Or Stamps in value equal to the amount of the tax on Such Sale: Provided further, That sellers of commodi- ties described herein, having paid the tax provided by this Subdivision, may transfer such contracts to a Clearing house Corporation or association, and such transfer shall not be deemed to be a sale, or agree- ment of sale, or an agreement to sell within the pro- visions of this Act, provided that such transfer shall not vest any beneficial interest in such clearing house association but shall be made for the sole purpose of enabling such clearing house association to adjust and balance the accounts of the members of said clearing house a SSOCiation. On their several Contracts. And every Such bill, memorandum, or other evidence Of Sale Or agreement to Sell Shall Show the date thereOf, the name Of the Seller, the amount Of the Sale, and the matter or thing to which it refers; and any person or persons liable to pay the tax as herein provided. or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such Sale Or agreement of sale, or agreement to sell, or who Shall, in pursuance of any such sale, agreement of Sale, Or agreement to sell, deliver any such products or merchandise without a bill, memorandum, or other evi- dence thereof as herein required, or who shall deliver such bill, memorandum, or other evidence of Saie, Or agreement to sell, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not exceeding $1,000 or be imprisoned not more than six months, or both, at the discretion of the Court. That no bill, memorandūm, agreement, Or other evi- dence of such Sale, Or agreement of sale, or agree- ment to sell, in case of Cash sales of products or mer- chandise for immediate or prompt delivery which in good faith are actually intended to be delivered shall be subject to this tax. - (6) Time drafts or checks, and promissory notes—Drafts or checks payable otherwise than at sight Or On demand, promissory notes, except bank notes issued for circulation, and for each renewal of the same, for a sum not exceeding $100, 2 cents; and for each additional $100 or fractional part thereof, 2 CentS. (7) Conveyances of land—Conveyance: Deed, in- strument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, trans- ferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person Or per- Sons, by his, her, or their direction, when the consid- eration or value of the interest or property COnveyed, exclusive of the value of any lien or encumbrance re- maining thereon at the time of sale, exceeds $100 and does not exceed $500, 50 cents; and for each addition- al $500 or fractional part thereof 50 cents: Provided, That nothing contained in this paragraph shall be so construed as to impose a tax upon any instrument Or writing given to secure a debt. Ch. 9A) 3 6318h (14) INTERNAL REVENUE g [Page 1011] (8) Entries at custom houses—Entry of any goods, wares, or merchandise at any custom-house, either for Consumption or warehousing, not exceeding $100 in value, 25 cents; exceeding $100 and not ex- ceeding $500 in value, 50 cents; exceeding $500 in val- ue, $1. (9) Entries for withdrawal from customs bond- ed warehouses—Entry for the withdrawal of any goods or merchandise from customs bonded ware- house, 50 CentS. - - (10) Tickets for passage to port or place not in United States, Canada, or Mexico—Passage tick- et, one way or round trip, for each passenger, Sold Or issued in the United States for passage by any VeS- sel to a port or place not in the United States, Cana- da, or Mexico, if costing not exceeding $30, $1; cost- ing more than $30 and not exceeding $60, $3; costing more than $60, $5: Provided, That such passage tick- ets, costing $10 or less, shall be exempt from taxation. (11) Voting proxies—Proxy for voting at any elec- tion for officers, or meeting for the transaction of business, of any incorporated company or association, except religious, educational, charitable, fraternal, or literary Societies, or public cemeteries, 10 cents. (12) Powers of attorney–Power of attorney granting authority to do or perform some act for or in behalf of the grantor, which authority is not otherwise vested in the grantee, 25 cents: Provided, That no stamps shall be required upon any paperS neC- essary to be used for the collection of claims from the United States or from any State for pensions, back pay, bounty, or for property lost in the military or naval service or upon powers of attorney required in bankruptcy cases. (13) Playing cards; additional tax—Playing cards: Upon every pack of playing cards containing not more than fifty-four Cards, manufactured Or im- ported, and sold, or removed for Consumption or sale, after the passage of this Act, a tax of 5 cents per pack in addition to the tax imposed under existing law. (14) Parcel-post pačkages—Parcel-post packages: TJpon every parcel or package transported from One point in the United States to another by parcel post On which the postage amounts to 25 Cents Or more, a tax of 1 cent for each 25 cents or fractional part thereof charged for such transportation, to be paid by the consignor. No such parcel or package shall be transported un- til a stamp or stamps representing the tax due shall have been affixed thereto. (Oct. 3, 1917, c. 63, § 807, 40. Stat. 321–324.) Chapter Nine A–Incomes This chapter includes the income tax provisions of Act Sept. 8, 1916, c. 463, 39 Stat. 756–777, as amended and sup- plemented. Such provisions appear in the act under the heading “Title I.-Income Tax.” Section 24 of the act (§ 6336w), repeals section II of Act Oct 3, 1913, c. 16, 38 Stat. 166, constituting the income tax provisions of the Under- wood Tariff Act. An excise tax, in addition to the income tax herein provided for, is imposed on munition manufac- turers by Title III of the act, set forth post, §§ 6336%a- 6336%m. An income tax was imposed by Act Aug. 5, 1861, c. 45, §§ 49-51, 12 Stat. 309, which was amended, continued in force, and modified by Act July 1, 1862, c. 119, §§ 89- 114, 12 Stat. 473, Act June 30, 1864, c. 173, §§ 116–150, 13 Stat. 281, Act March 3, 1865, c. 78, § 1, 13 Stat. 469, Act July 13, 1866, c. 184, § 9, 14 Stat. 137, Act March 2, 1867, c. 169, § 13, 14 Stat. 480, and Act July 14, 1870, c. 255, §§ 6–17, 16 Stat. 257. It expired in 1871. An income tax was also imposed by Act Aug. 27, 1894, c. 349, §§ 27, 28, 28 Stat. 553, the pro- visions of which were held unconstitutional in Pollock V. Trust Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 L. Ed. 759. Sec. 6319-6336. [Repealed.] PART I.-ON INDIVIDUALS 6336a. [a] Normal tax. [b] Additional tax; income included. [c] Normal and additional rates applicable to entire - income. - 6336aa. Same; additional tax. 6836aaa. Additional tax; incomes included. Sec. 63366. 6336c. 6336d. 6336e. 6336f. 6336g. 6336.h. 6336i. 6336ii. 6336iii. 6336j. 6336jj. 6336/k. 6336/. 6336m. IN COME DEFINED determination. [a] Net income; indemnity and credit to trus- [b] Income of estates; tees and executor's. [c] Gain from sale of property, ADDITIONAL TAX INCLUDES UN DISTRIBUTED PROFITS Taxable income for purpose of additional tax; fraud- ulent accumulations; statement of gains and profits. IN COMIE EXEMPT FROM LAW Income exempt. DEDUCTIONS ALLOWED Computation of net income of citizen or resident. [a] Deductions allowed. CREDITS ALLOWED [b]: Dividends on stock or net earnings of corporation taxable upon net income. [c] Normal tax paid or withheld at source. NoNRESIDENT ALIENS Computation of net income of nonresident alien. [a] Deductions allowed. [b] Credits allowed. [c] Condition precedent to allowance of deductions and credits. PERSONAL EXEMPTION [a] Exemption allowed for purpose of normal tax; guardian or trustee; to estates. to RETURNS [a] Tax computed on income received in preceding cal- endar • year. [b] Returns; form and contents; for filing; making by agent. [c] Returns by guardians and trustees. [d] [Repealed.] - [e] Tax on partnerships. . [f] Returns to include income from dividends or net earnings of Corporation. - - [g] Returns on accounts kept on basis other than of actual receipts and disbursements. extension of time ASSESSMENT AND ADIMINISTRATION [a] Assessments by Commissioner of Internal Revenue; notice; time for payment; penalty and interest. [b] Deduction and withholding of normal tax at source; payment to government; personal lia- bility for. [c] Normal tax deducted and withheld at source on fixed or determinable annual or periodical gains - or profits. [d, ej [Repealed.] [f] License to and regulations concerning persons or corporations collecting foreign payments of in- terest or dividends. - [g] Personal returns on gains, profits, and income not included in section. Release of amounts deducted and WIthheld at source. Additional taxes; computation, levy, assessment, col- lection and payment; reduction of exemption. PART II.—ON CORPORATIONS [a] Tax of 2 per cent. on net income; fiscal year; gain or loss from sale or disposition of property. [b] Additional tax on total net income undistributed six months after end of Calendar or fiscal year, Additional tax on net income; Computation, levy, as- sessment, collection, and payment. CONDITIONAL AND OTHER EXEMPTIONS [a] Corporations exempted. [b] Tax on income of public utility accruing to state or other political divisions. DEDUCTIONS [a] Mode of ascertaining net income; rations. [b] Same; foreign corporations. [c] Payments to reserve funds of assessment insurance companies. domestic Corpo- RETURNS [a] Tax computed on net income as ascertained; ing day of fiscal year. [b] Return of net income annually; tents; verification. [c] Returns by receivers, a SSlgnees. [d] Return on basis on which accounts are kept. [e] Deduction of tax from income of nonresident alien firms or corporations; derived from obligations of domestic and resident corporations. [f] Same; derived from dividends of domestic or res- ident corporations. clos- form and con- trustees in bankruptcy, or 3% 6319–6336 (Tit. 35 INTERNAL REVENUE s €C. AssBSSMENT AND ADMINISTRATION 336m. [a] Notice of assessment and time for payment; im- . mediate payment on refusal to make return or refundment. access to returns by making false return; [b] Filing returns; inspection; |state officer. [c] Penalty for failing to make return or for rendering false return. - PART III.-GENERAL ADMINISTRATIVE PROVISIONS 63360. Definition of terms. º - 633600. Payments of taxes in advance; refund of excess. 6336p. Receipt for taxes paid. * . 6336d. Failure of individual to make return or pay taxes; - false return by individual or corporate officer; taxa- * tion at source not made where tax paid by taxpayer. 6336qq. Certificates of indebtedness and uncertified checks re- ceivable in payment. : 6336r. Verification of returns; notice to show cause against . in Crea.Se. - 6336s. Compelling attendance of witnesses and production of books. - 6336t. Statistics as to operation of law. 6336 u. Internal revenue law applicable. 6336v. Extension to Porto Rico and Philippines. 6336vv. Provisions as to additional taxes not applicable to Porto Rico or Philippines; amendment of laws in force there. - + . - 6336w. Repeal. * - - 6336x. Certain income not to be considered as such; fiscal year fixed by taxpayer. RETURNS OF DIVIDENDS 6336xx. Form and contents. 6336xxx. Brokers doing business on exchanges or boards of A. trade. - 6336y. Persons making payments to other persons. 6336yy. Credit in returns to net incomes of amount of excess. profits tax imposed and assessed for calendar or fis- Cal year. - 6336yyy. Incomes of foreign governments. 6336Z. [a] Dividend defined. . - - - [b]: Distributions deemed to have been made from most recently accumulated undivided profits or sur- - plus, and counted as part of annual income. 6336Zz. Premiums on certain life insurance policies not to be deducted. - • §§ 6319–6336. [Repealed.] These sections, Act Oct. 3, 1913, c. 16, § II, were repealed by Act Sept. 8, 1916, c. 463, § 24. See note at beginning of chapter. . - - - PART I.-ON INDIVIDUALS § 6336a. [a] Normal tax—There shall be levied, assessed, Collected, and paid annually upon the entire net income received in the preceding calendar year from all sources by every individual, a citizen or res- ident of the United States, a tax of two per centum upon such income; and a like tax shall be levied, as- sessed, collected, and paid annually upon the entire net income received in the preceding Calendar year from all sources within the United States by every individual, a nonresident alien, including interest on bonds, notes, or other interest-bearing obligations of residents, Corporate Or otherwise. . - [b] Additional tax; income included—In addi- tion to the income tax imposed by Subdivision (a) of this section (herein referred to as the normal tax) there shall be levied, assessed, Collected, and paid up- on the total net income of every individual, or, in the case of a nonresident alien, the total net income re- ceived from all sources within the United States, an additional income tax (herein referred to as the addi- amount by which such total net income exceeds $20,- 000 and does not exceed $40,000, two per Centum per annum upon the amount by which such total net in- come exceeds $40,000 and does not exceed $60,000, three per centum per annum upon the amount by which such total net income exceeds $60,000 and does not exceed $80,000, four per centum per annum upon the amount by which such total net income exceeds $80,000 and does not exceed $100,000, five per centum per annum upon the amount by which Such total net income exceeds $100,000 and does not exceed $150,000, six per centum per annum upon the amount by which such total net income exceeds $150,000 and does not exceed $200,000, seven per centum per annum upon the amount by which such total net income exceeds IPage 10121 $200,000 and does not exceed $250,000, eight per cen- tum per annum upon the amount by which such total net income exceeds $250,000 and does not exceed $300,- 000, nine per centum per annum upon the amount by which such total net income exceeds $300,000 and does not exceed $500,000, ten per centum per annum upon the amount by which such total net income exceeds $500,000 and does not exceed $1,000,000, eleven per centum per annum upon the amount by which Such total net income exceeds $1,000,000 and does not ex- ceed $1,500,000, twelve per centum per annum upon the amount by which such total net income exceeds $1,500,000 and does not exceed $2,000,000, and thirteen per centum per annum upon the amount by Which such total net income exceeds $2,000,000. For the purpose of the additional tax there shall be included as income the income derived from divi- dends on the capital stock or from the net earnings of any corporation, joint-stock company or association, or insurance company, except that in the case Of non- resident aliens such income derived from sources With- out the United States shall not be included. All the provisions of this title relating to the nor- mal tax on individuals, so far as they are applicable and are not inconsistent with this subdivision and Sec- tion three, shall apply to the imposition, levy, assess- ment, and collection of the additional tax imposed un- der this subdivision. [c] Normal and additional rates applicable to entire income—The foregoing normal and additional tax rates shall apply to the entire net income, except as hereinafter provided, received by every taxable person in the calendar year nineteen hundred and Six- teen and in each calendar year thereafter. (Sept. 8, 1916, c. 463, § 1, 39 Stat. 756, 757.) - § 6336aa. Same; additional tax—In addition to the normal tax imposed by subdivision (a) of Section one of the Act entitled “An Act to increase the rev- enue, and for other purposes,” approved September eighth, nineteen hundred and sixteen, there shall be levied, assessed, collected, and paid a like normal tax of two per centum upon the income of every individ- ual, a citizen or resident of the United States, received in the calendar year nineteen hundred and Seventeen and every calendar year thereafter. (Oct. 3, 1917, c. 63, § 1, 40 Stat. 300.) . . § 6336aaa.. . Additional tax; incomes included —in addition to the additional tax imposed by Subdi- vision (b) of section one of Such Act of September eighth, nineteen hundred and sixteen, there shall be levied, assessed, collected, and paid a like additional tax upon the income of every individual received in the calendar year nineteen hundred and seventeen and every calendar year thereafter, as follows: One per centum per annum upon the amount by which the total net income exceeds $5,000 and does not exceed $7,500; Two per centum per annum upon the amount by which the total net income exceeds $7,500 and does not exceed $10,000; Three per centum per annum upon the amount by which the total net income exceeds $10,000 and does - not exceed $12,500; . tional tax) of one per centum per annum upon the which the total net income exceeds $12,500 and does Four per centum per annum upon the amount by not exceed $15,000; * Five per centum per annum upon the amount by which the total net income exceeds $15,000 and does not exceed $20,000; Seven per centum per annum upon the amount by which the total net income exceeds $20,000 and does not exceed $40,000; Ten per centum per annum upon the amount by which the total net income exceeds $40,000 and does not exceed $60,000; . - Fourteen per centum per annum upon the amount by which the total net income exceeds $60,000 and does not exceed $80,000; Eighteen per centum per annum upon the amount Ch. 9A) Ž gºeſe INTERNAL REVENUE [Page 1013] by which the total net income exceeds $80,000 and does not exceed $100,000 ; - Twenty-two per centum per annum upon the amount by which the total net income exceeds $100,000 and does not exceed $150,000 ; - - Twenty-five per centum per annum upon the amount by which the total net income exceeds $150,000 and does not exceed $200,000; Thirty per centum per annum upon the amount by which the total net income exceeds $200,000 and does not exceed $250,000; . Thirty-four per centum per annum upon the amount by which the total net income exceeds $250,000 and does not exceed $300,000; Thirty-seven per centum per annum upon the amount by which the total net income exceeds $300,- 000 and does not exceed $500,000; Forty per centum per annum upon the amount by which the total net income exceeds $500,000 and does not exceed $750,000; Forty-five per centum per annum upon the amount by which the total net income exceeds $750,000 and does not exceed $1,000,000; - Fifty per centum per annum upon the amount by which the total net income exceeds $1,000,000. (Oct. 3, 1917, c. 63, § 2, 40 Stat. 301.) INCOME DEFINED § 6336b. Dal Net income; determination—Sub- ject only to such exemptions and deductions as are hereinafter allowed, the net income of a taxable per- son shall include gains, profits, and income, derived from salaries, wages, or Compensation for personal service of whatever kind and in whatever form paid, Or from professions, vocations, businesses, trade, com- Imerce, Or Sales, Or dealings in property, Whether real or personal, growing out "of the ownership or use of Or interest in real Or personal property, also from in- terest, rent, dividends, Securities, or the transaction Of any business Carried on for gain or profit, or gains or profits and income derived from any source what- eVeT. - [b] Income of estates; indemnity and credit to trustees and executors—Income received by, es- tates of deceased persons during the period of admin- istration or settlement of the estate, shall be subject to the normal and additional tax and taxed to their estates, and also such income of estates or any kind Of property, held in trust, including such income ac- Cumulated in trust for the benefit of unborn Or un- ascertained persons, or persons with contingent in- terests, and income held for future distribution under the terms of the will or trust shall be likewise taxed, the tax in each instance, except when the income is returned for the purpose of the tax by the beneficiary, to be assessed to the executor, administrator, or trus- tee, as the case may be: Provided, That where the income is to be distributed annually or regularly be- tween existing heirs or legatees, or beneficiaries the rate Of tax and method of Computing the same shall be based in each Case upon the amount. Of the in- dividual share to be distributed. Such trustees, executors, administrators, and other fiduciaries are hereby indemnified against the claims or demands of every beneficiary for all payments of taxes which they shall be required to make under the provisions of this title, and they shall have credit foł the amount Of Such payments against the beneficiary or principal in any accounting which they make as Such trustees or other fiducial'ies. [c] Gain from sale of property—For the pur- pose of ascertaining the gain derived from the sale or other disposition of property, real, personal, or mixed, acquired before March first, nineteen hundred and thirteen, the fair market price or value of Such property as of March first, nineteen hundred and thirteen, shall be the basis for determining the amount of such gain derived. (Sept. 8, 1916, c. 463, § 2, 39 Stat. 757, 758, amended, Oct. 3, 1917, c. 63, § 1200, 40 Stat. 329.) - - ADDITIONAL TAX INCLUDES UNIDISTRIBUTED PROFITS § 6336c. Taxable income for purpose of addi- tional tax; fraudulent accumulations; state- ment of gains and profits—For the purpose of the additional tax, the taxable income of any individual shall include the share to which he would be entitled of the gains and profits, if divided or distributed, whether divided or distributed or not, Of all COrpOra- tions, joint-stock companies or associations, or insur- . ance companies, however created or organized, formed Or fraudulently availed Of for the purpose of prevent- ing the imposition of such tax through the medium Of permitting such gains and profits to accumulate in- stead of being divided or distributed; and the fact that any such corporation, joint-Stock Company Or as- sociation, or insurance Company, is a mere holding company, or that the gains and profits are permitted to accumulate beyond the reasonable needs of the business, shall be prima facie evidence of a fraudulent purpose to escape such tax; but the fact that the gains and profits are in any Case permitted to ac- Cumulate and become Surplus shall not be construed as evidence of a purpose to escape the said tax in such case unless the Secretary of the Treasury shall certify that in his Opinion such accumulation is unreasonable for the purposes of the business. When requested by the Commissioner of Internal Revenue, or any district Collector of internal revenue, such corporation, joint- Stock Company or association, or insurance Company shall forward to him a correct statement of such gains and profits and the names and addresses of the indi-. Viduals Or shareholders Who WOUld be entitled to the same if divided or distributed. (Sept. 8, 1916, c. 463, § 3, 39 Stat. 758.) INCOME EXEMPT FROM LAW § 6336d. Income exempt—The following income shall be exempt from the provisions of this title: The proceeds of life insurance policies paid to in- dividual beneficiaries upon the death of the insured ; the amouſt received by the insured, as a return of premium or premiums paid by him under life insur- ance, endowment, or annuity Contracts, either during the term or at the maturity of the term mentioned in the COntract or upon Surrender Of the COntract; the value of property acquired by gift, bequest, de- vise, or descent (but the income from Such property shall be included as income); interest tipOn the Ob- ligations of a State or any political subdivision there- of or upon the obligations of the United States (but, in the case of Obligations of the United States issued after September first, nineteen hundred and seventeen, Only if and to the extent provided in the Act author- izing the issue thereof) or its possessions or securi- ties issued under the provisions of the Federal Farm Loan Act of July seventeenth, nineteen hundred and sixteen; the compensation of the present President of the United States during the term for which he has been elected and the judges of the Supreme and inferior courts of the United States now in office, and the compensation of all officers and employees of a State, or any political subdivision thereof, except when Such compensation is paid by the United States Government. (Sept. 8, 1916, c. 463, § 4, 39 Stat. 758, amended, Oct. 3, 1917, c. 63, § 1200, 40 Stat. 329.) DEDUCTIONS ALLOWED § 6336e. Computation of net income of citi- zen or resident—In computing net income in the case of a citizen or resident of the United States— [a] Deductions allowed—For the purpose of the tax there shall be allowed as deductions— First. The necessary expenses actually paid in carrying on any business or trade, not including per- sonal, living, Or family expenSes; # 6336eſa (Tit. 35 INTERNAL REVENUE [Page 1014.I Second. All interest paid within the year on his indebtedness except on indebtedness in Curred for the purchase of obligations or securities the interest up- on which is exempt from taxation as income under this title; - Third. Taxes paid within the year imposed by the authority of the United States (except income and excess profits taxes) or of its Territories, or possCŞ- sions, or any foreign country, or by the authority of any State, cºunty, school district, or municipality, or other taxing subdivision of any State, not includ- ing those assessed against local benefits; Eourth. Losses actually sustained during the year, incurred in his business or trade, or arising from fires, storms, shipwreck, or other casualty, and from theft, when such losses are not compensated for by insurance Or otherwise: Provided, That for the pur- pose of ascertaining the loss sustained from the sale or other disposition of property, real, personal, or mixed, acquired before March first, nineteen hun- dred and thirteen, the fair market price Or value of such property as of March first, nineteen hundred and thirteen, shall be the basis for determining the amount of such loss sustained; - Fifth. In transactions entered into for profit but not connected with his business or trade, the losses actually sustained therein during the year to an amount not exceeding the profits arising therefrom ; Sixth. Debts due to the taxpayer actually ascer- tained to be worthless and Charged off within the year; - Seventh. A reasonable allowance for the exhaustion, wear and tear of property arising out of its use or employment in the business or trade; - * Eighth. (a) In the case of oil and gas wells a rea- sonable allowance for actual reduction in flow and production to be ascertained not by the flush flow, but by the settled production or regular flow; (b) in the case of mines a reasonable allowance for deple- tion thereof not to exceed the market Value in the mine of the product thereof, which has been mined and sold during the year for which the return and computation are made, such reasonable allowance to be made in the case of both (a) and (b) upder rules and regulations to be prescribed by the Secretary of the Treasury: Provided, That when the allowances authorized in (a) and (b) shall equal the capital origi- nally invested, or in case of purchase made prior to March first, nineteen hundred and thirteen, the fair market value as of that date, no further allowance shall be made. No deduction shall be allowed for any amount paid out for new buildings, permanent improvements, or betterments, made to increase the value of any property or estate, and no deduction shall be made for any amount of expense of restor- ing property or making good the exhaustion thereof for which an allowance is Or has been made. Ninth. Contributions or gifts actually made with- in the year to corporations or associations organized and operated exclusively for religious, charitable, Scientific, or educational purposes, or to Societies for the prevention of cruelty to children or animals, no part Of the net income of which inures to the benefit Of any private stockholder or individual, to an amount not in excess of fifteen per centum of the taxpayer's taxable net income as computed without the benefit Of this paragraph. Such contributions or gifts shall be allowable as deductions only if verified under rules and regulations prescribed by the Commission- er of Internal Revenue, with the approval of the Secretary of the Treasury. CREDITS ALLOWED [b] Dividends on stock or net earnings of corporation taxable upon net income—For the purpose Of the normal tax only, the income embraced in a personal return shall be credited with the amount received as dividends upon the stock or from the det earnings of any corporation, joint-stock com- pany Or association, trustee, or insurance company, Which is taxable upon its net income as hereinafter provided. - [c] Normal tax paid or withheld at source— A like Credit shall be allowed as to the amount of income, the normal tax upon which has been paid Or Withheld for payment at the source of the income under the provisions of this title. (Sept. 8, 1916, C. 463, § 5, 39 Stat. 759, amended, Oct. 3, 1917, c. 63, § 1201, 40 Stat. 330.) - NONRESIDENT ALIENs § 6336f. Computation of riet income of non- resident alien—In Computing net income in the CaSO Of a nonresident alien— Ia.] （3 eductions allowed—For the purpose Of the tax there shall be allowed as deductions— First. The necessary expenses actually paid in carrying on any business or trade Conducted by him within the United States, not including personal, liv- ing, or family expenses; Second. The proportion of all interest paid Within the year by such person on his indebtedness (except on indebtedness incurred for the purchase of obliga- tions or securities the interest upon which is exempt from taxation as income under this title) which the grOSS amount Of his in COme for the year derived from Sources within the United States bears to the groSS amount Of his income for the year £erived from all Sources within and without the United States, but this deduction shall be allowed Only if such person in- cludes in the return required by Section eight all the information necessary for its calculation; Third. Taxes paid within the year imposed by the authority of the United States (except income and ex- cess profits taxes), or of its Territories, or possessions, or by the authority of any State, county; school dis- trict, or municipality, or other taxing subdivision of any State, paid within the United States, not including those assessed against local benefits; - Fourth. Ilosses actually sustained during the year, incurred in business Or trade conducted by him with- in the United States, and losses of property within the United States arising from fires, storms, ship- wreck, or other casualty, and from theft, when such losses are not compensated for by insurance or other- wise: Provided, That for the purpose of ascertaining the amount of such loss or losses sustained in trade, or speculative transactions not in trade, from the same or any kind of property acquired before March first, nineteen hundred and thirteen, the fair market price or value of such property as Of March first, nineteen hundred and thirteen, shall be the basis for deter- mining the amount of Such loss Or losses Sustained; Fifth. In transactions entered into for profit but not connected with his business Or trade, the losses actually Sustained therein during the year to an amount not exceeding the profits arising therefrom in the United States; Sixth. Debts arising in the Course of business Or trade conducted by him within the United States due to the taxpayer actually ascertained to be worthless and charged Off Within the year; Seventh. A reasonable allowance for the exhaus- tion, wear and tear of property within the United States arising out of its use or employment in the business Or trade; (a) in the Case of Oil and gas wells a reasonable allowance for actual reduction in flow and production to be ascertained not by the flush flow, but by the settled production or regular flow; (b) in the case of mines a reasonable allowance for depletion thereof not to exceed the market value in the mine of the product thereof which has been mined and sold during the year for which the return and computation are made, such reasonable allow- ance to be made in the case of both (a) and (b) under rules and regulations to be prescribed by the Score- tary of the Treasury: Provided, That when the al- Ch. 9A) 3 6336b.[e] INTERNAL REVENUE 3. [Page 1615] lowance authorized in (a) and (b) shall equal the capi- tal originally invested, or in Case of purchase made prior to March first, nineteen hundred and thirteen, the fair market value as of that date, no further al- lowance shall be made. No deduction shall be allow- ed for any amount paid out for new buildings, perma- nent improvements, or betterments, made to increase the Value of any property or estate, and no deduc- tion Shall be made for any amount of expense of re- Storing property or making good the exhaustion there- Of for Which an allowance is or has been made. [b] Credits allowed—There shall also be allow- ed the credits specified by subdivisions (b) and (c) of Section five. [c] Gomdition precedent to allowance of de- ductions and credits—A nonresident alien individual Shall receive the benefit of the deductions and credits provided for in this section only by filing or causing to be filed with the collector of internal revenue a true and accurate return of his total income, received from &ll Sources, corporate or otherwise, in the United States, in the manner prescribed by this title; and in Case Of his failure to file such return the collector shall Collect the tax on Such income, and all property be- longing to such nonresident alien individual shall be liable to distraint for the tax. (Sept. 8, 1916, c. 463, § 6, 39 Stat. 760, amended, Oct. 3, 1917, c. 63, § 1202, 40 Stat. 330.) PERSONAL EXEMPTION § 68369. [al Exemption allowed for purpose of normal tax; to guardian or trustee; to estates —For the purpose of the normal tax only, there shall be allowed as an exemption in the nature of a deduc- tion from the amount of the net income of each citi- Zen Or resident of the United States, ascertained as provided herein, the sum of $3,000, plus $1,000 addi- tional if the person making the return be a head of a family or a married man with a wife living with him, Or plus the sum of $1,000 additional if the person making the return be a married woman with a hus- band living with her; but in no event shall this ad- ditional exemption of $1,000 be deducted by both a husband and a wife: Provided, That only one deduc- tion of $4,000 shall be made from the aggregate in- Come of both husband and wife when living together: Provided further, That if the person making the re- turn is the head of a family there shall be an addi- tional exemption of $200 for each child dependent up- On Such person, if under eighteen years of age, or if incapable of self-support because mentally or physical- ly defective, but this provision shall operate only in the Case of One parent in the same family: Provided further, That guardians or trustees shall be allowed to make this personal exemption as to income de- rived from the property of which such guardian or trustee has charge in favor of each ward or cestui que trust: Provided further, That in no event shall a Ward Or Cestui que trust be allowed a greater personal exemption than as provided in this section, from the amount Of net income received from all sources. There shall also be allowed an exemption from the amount of the net income of estates of deceased citi- Zens or residents of the United States during the peri- Od of administration or settlement, and of trust or other estates of citizens or residents of the United States the income of which is not distributed annual- ly or regularly under the provisions of subdivision (b) Of Section two, the sum of $3,000, including such de- ductions as are allowed under section five. (Sept. 8, 1916, c. 463, § 7, 39 Stat. 761, amended, Oct. 3, 1917, c. 63, § 1203, 40 Stat. 331.) RETURNS § 6336.h.. [a] Tax computed on income re- ceived in preceding calendar year—The tax shall be computed upon the net income, as thus ascertain- ed, of each person subject thereto, received in each preceding Calendar year ending December thirty-first. [b]: Returns; form and contents; extension of time for filing; making by agent—On or before the first day of March, nineteen hundred and seventeen, and the first day of March in each year thereafter, a true and accurate return under oath shall be made by each person of lawful age, except as hereinafter provided, having a net income of $3,000 or over for the taxable year to the collector of internal revenue. for the district in which such person has his legal residence Or principal place of business, or if there be no legal residence or place of business in the Unit- ed States, then with the collector of internal revenue at Baltimore, Maryland, in such form as the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, set- ting forth Specifically the gross amount of income from all separate sources, and from the total there- Of deducting the aggregate items of allowances Lere- in authorized: Provided, That the Commissioner of Internal Revenue shall have authority to grant a reasonable extension of time, in meritorious cases, for filing returns of income by persons residing or traveling abroad who are required to make and file returns Of inCome and who are unable to file said re- turns on or before March first of each year: Pro- Vided further, That the aforesaid return may be made by an agent when by reason of illness, absence, or nonresidence the person liable for said return is unable to make and render the same, the agent as- Suming the responsibility of making the return and incurring penalties provided for erroneous, false, or fraudulent return. - Ic] Returns by guardians and trustees—Guard- ians, trustees, executors, administrators, receivers, COnServators, and all perSOInS, COrporations, Or a SSO- Ciations, acting in any fiduciary capacity, shall make and render a return of the income of the person, trust, or estate for whom or which they act, and be subject to all the provisions of this title which apply to in- dividuals. Such fiduciary shall make oath that he has sufficient knowledge of the affairs of such person, trust, Or estate to enable him to make Such return and that the same is, to the best of his knowledge and belief, true and Correct, and be subject to all the provisions of this title which apply to individuals: Provided, That a return made by One of two or more joint fiduciaries filed in the district where such fidu- Ciary resides, under such regulations as the Sec- retary-Of the Treasury may prescribe, shall be a suf- ficient Compliance with the requirements of this par- agraph: Provided further, That no return of in- come not exceeding $3,000 shall be required except as in this title Otherwise provided. [d] [Repealed.] - Paragraph d, relating to deduction and withholding nor- mal tax at source of income was repealed by Act Oct. 3, 1917, c. 63, § 1204. Del Tax on partnerships—Persons carrying On business in partnership shall be liable for income tax Only in their individual capacity, and the share. Of the profits of the partnership to which any taxable partner WOuld be entitled if the same were divided, Whether divided or otherwise, shall be returned for taxation and the tax paid under the provisions of this title: Provided, That from the net distributive interests On which the individual members shall be liable for tax, normal and additional, there shall be excluded their proportionate shares received from - interests on the obligations of a State or any political or taxing subdivision thereof, and upon the obliga- tions of the United States (if and to the extent that it is provided in the Act authorizing the issue of such obligations of the United States that they are ex- empt from taxation), and its possessions, and that for the purpose Of Computing the normal tax there shall be allowed a credit, as provided by section five, subdivision (b), for their proportionate share of the profits derived from dividends. Such partnership, when requested by the Commissioner of Internal 3 6336hſf] ºf (Tit. 35 INTERNAL REVENUE [Page 1016] Revenue or any district collector, shall render a cor- rect return of the earnings, profits, and income of the partnership, except income exempt under section four of this Act, setting forth the item of the gross income and the deductions and credits allowed by this title, and the Inames and addresses Of the individuals who Would be entitled to the net earnings, profits, and in- come, if distributed. A partnership shall have the Same privilege of fixing and making returns upon the basis of its own fiscal year as is accorded to corpo- rations under this title. If a fiscal year ends during nineteen hundred and sixteen or a subsequent Calen- dar year for which there is a rate Of tax different from the rate for the preceding calendar year, then (1) the rate for such preceding calendar year shall apply to an amount Of each partner’s share of Such partnership profits equal to the proportion which the part Of Such fiscal year falling within such calendar year bears to the full fiscal year, and (2) the rate for the calendar year during which such fiscal year ends shall apply to the remainder. [f] Returns to include income from dividends or net earnings of corporation—In every return 'shall be included the income derived from dividends On the capital stock or from the net earnings Of any corporation, joint-stock Company Or association, Or insurance company, except that in the case of non- resident aliens Such in COIme derived from SOUlrCeS without the United States shall not be included. [g] Returns on aecounts kept on basis other than of actual receipts and disbursements-An individual keeping accounts upon any basis other than that of actual receipts and disbursements, unless such other basis does not clearly reflect his in COIne, may, subject to regulations made by the Commission- er of Internal Revenue, with the approval of the Sec- retary of the Treasury, make his return upon the basis upon which his accounts are kept, in which Case the tax shall be computed upon his in COme as SO re- turned. (Sept. 8, 1916, c. 463, § 8, 39 Stat. 761–763, amended, Oct. 3, 1917, c. 63, § 1204, 40 Stat. 331, 332.) ASSESSMENT AND ADMINISTRATION § 6336i. Ial Assessments by Commissioner of Internal Revenue; notice; time for payment; pen- alty and interest—All assessments shall be made by the Commissioner Of Internal Revenue and all per- sons shall be notified of the amount for which they are respectively liable on or before the first day Of June of each successive year, and said amounts shall be paid on or before the fifteenth day of June, ex- cept in cases of refusal or neglect to make such re- turn and in cases of erroneous, false, or fraudulent returns, in which cases the Commissioner of Internal Revenue shall, upon the discovery thereof at any time Within three years after Said return is due, Or has been made, make a return upon information. Obtained as provided for in this title or by existing law, or re- quire the necessary corrections to be made, and the assessment made by the Commissioner of Internal Revenue thereon shall be paid by such person or per- sons immediately upon notification of the amount Of such assessment; and to any sum or sums due and unpaid after the fifteenth day of June in any year, and for ten days after notice and demand thereof by the collector, there shall be added the sum of five per centum On the amount of tax unpaid, and interest at the rate of One per Centum per month upon said tax from the time the same became due, except from the estates of insane, deceased, or insolvent persons. [b] Deduction and withholding of normal tax at source; payrment to goverxırrıerat; personal liability for—All persons, corporations, partnerships, asSociations, and insurance companies, in whatever capacity acting, including lessees or mortgagors of real or personal property, trustees acting in any trust Capacity, executors, administrators, receivers, Conservators, employers, and all officers and employees of the United States, having the control, receipt, cus. tody, disposal, or payment of interest, rent, salaries, Wages, premiums, annuities, compensation, remunera- tion, emoluments, or other fixed or determinable an- nual or periodical gains, profits, and income of any nonresident alien individual, other than income de- rived from dividends on capital stock, or from the net earnings of a Corporation, joint-stock Company Or association, or insurance company, which is tax- able upon its net income as provided in this title, are hereby authorized and required to deduct and with- hold from such annual or periodical gains, profits, and income such sum as will be sufficient to pay the normal tax imposed thereon by this title, and shall make return thereof on Or before March first Of each year and, on or before the time fixed by law for the payment of the tax, shall pay the amount withheld to the officer of the United States Government au- thorized to receive the same; and they are each here- by made personally liable for such tax, and they are each hereby indemnified against every person, Corpora- tion, partnership, association, or insurance company, Or demand whatsoever for all payments which they shall make in pursuance and by virtue of this title. He Normal tax deducted and withheld at source on fixed or determinable annual or period- ical gains or profits—The amount of the normal tax hereinbefore imposed shall also be deducted and withheld from fixed Ol' determinable annual Or peri- odical gains, profits and income derived from interest upon bonds and mortgages, or deeds of trust or other similar obligations of corporations, joint-Stock COm- panies, associations, and insurance companies, (if such bonds, mortgages, or other obligations COIntain a contract or provision by which the obligor agrees to pay any portion of the tax imposed by this title upon the obligee or to reimburse the obligee for any portion Of the tax Or to pay the interest without deduction for any tax which the obligor may be required or permitted to pay thereon or to retain therefrom un- der any law of the United States) whether payable annually or at shorter or longer periods and whether such interest is payable to a non-resident alien in- dividual or to an individual citizen or resident of the United States, subject to the provisions of the fore: going subdivision (b) of this section requiring the tax to be withheld at the source and deducted from an- ntial income and returned and paid to the Govern- ment, unless the person entitled to receive such in- terest shall file with the withholding agent, On Or before February first, a signed notice in Writing claiming the benefit of an exemption under Section Seven of this Title. - - . [d, ej [Repealed.] Paragraphs d and e, relating to deduction and with- holding at source of normal tax on income from Coupons, checks, etc., for interest on bonds of foreign corporations, etc., and the exemptions and deductions allowed when tax is withheld at source, were repealed by Act Oct. 3, 1917, c. 63, § 1205. : [f] License to and regulations concerning per- sons or corporations collecting foreign payments of interest, or dividends—All persons, Corporations, partnerships, or associations, undertaking as a mat- ter. of business or for profit the collection of foreign payments of interest or dividends by means Of Cou- pons, checks, or bills of exchange shall obtain a ii- cense from the Commissioner of Internal ReVenue, and shall be subject to sugh regulations enabling the Government to obtain the information required till- der this title, as the Commissioner of Internal Reve- nue, with the approval of the Secretary of the Treas- ury, shall prescribe; and whoever knowingly under- takes to collect such payments as aforesajd without having obtained a license therefor, or without compiy- ing with such regulations, shall be deemed guilty of a misdemeanor and for each Offense be fined in a Sum not exceeding $5,000, Or imprisoned for a term not ex- ceeding one year, or both, in the discretion of the Court. - - Ch. 9A) 3 6336j[b] INTERNAL REVENUE [g] Personal returns on gains, profits, and income not included in section—The tax herein imposed upon gains, profits, and incomes not falling under the foregoing and not returned and paid by virtue of the foregoing or as otherwise provided by law shall be assessed by personal return under rules and regulations to be prescribed by the Commission- er of Internal Revenue and approved by the Secre- tary of the Treasury. The intent and purpose Of this title is that all gains, profits, and income of a taxable class, as defined by this title, shall be charg- ed and assessed with the corresponding tax, normal and additional, prescribed by this title, and said tax shall be paid by the owner of such income, Or the proper representative having the receipt, Custody, control, or disposal of the same. For the purpose of this title ownership or liability shall be determined as of the year for which a return is required to be rendered. - The provisions of this section, except Subdivision (c), relating to the deduction and payment of the tax at the source of income shall only apply to the normal tax hereinbefore imposed upon nonresident alien in- dividuals. (Sept. 8, 1916, c. 463, § 9, 39 Stat. 763–765, amended, Oct. 3, 1917, c. 63, § 1205, 40 Stat. 332, 333.) § 6336ii. Release of a mounts deducted ani withheld at source—Any amount heretofore With- held by any withholding agent as required by Title I Of Such Act of September eighth, nineteen hundred and sixteen, on account of the tax imposed upon the income of any individual, a citizen or resident of the United States, for the calendar year nineteen hun- dred and Seventeen, except in the CaseS COvered by subdivision (c) of section nine of such Act, as amend- ed by this Act, shall be released and paid over to such individual, and the entire tax upon the income Of Such individual for Such year shall be assessed and Collected in the manner prescribed by Such Act as amended by this Act. (Oct. 3, 1917, c. 63, § 1212, 40 Stat. 338.) § 6336iii. Additional taxes; computation, levy, assessment, collection and payment; reduction. of exemption—The taxes imposed by sections one and two Of this Act shall be computed, levied, as- SeSSed, Collected, and paid upon the same basis and in the same manner as the similar taxes imposed by Section One of such Act of September eighth, nine- teen hundred and sixteen, except that in the case Of the tax imposed by section one of this Act (a) the exemptions of $3,000 and $4,000 provided in Section Seven of such Act of September eighth, nineteen hun- dred and sixteen, as amended by this Act, shall be, respectively, $1,000 and $2,000, and (b) the returns required under subdivisions (b) and (c) of section eight Of Such Act as amended by this Act shall be re- Quired in the case of net incomes of $1,000 or over, in the case of unmarried persons, and $2,000 or over in the case of married persons, instead of $3,000 or Over, as therein provided, and (c) the provisions of subdivision (c) of section nine of such Act, as amend- ed by this Act, requiring the normal tax of individuals On income derived from interest to be deducted and withheld at the source of the income shall not ap- ply to the new two per centum normal tax prescrib- ed in Section One Of this ACt until On and after Jan- uary first, nineteen hundred and eighteen, and there- after only one two per centum normal tax shall be deducted and withheld at the source under the provi- Sions of such subdivision (C), and any further nor- mal tax for which the recipient of such income is lia- ble under this Act Or such Act of September eighth, nineteen hundred and sixteen, as amended by this Act, shall be paid by such recipient. (Oct. 3, 1917, c. 63, § 3, 40 Stat. 301.) PART II.-ON CORPORATIONS § 6336.j. [a] Tax of 2 per cent. on met in- come; fiscal year; gain or loss from sale or dis- [Page 1017I position of property—There shall be levied, assess, ed, Collected, and paid annually upon the total net income received in the preceding calendar year from all sources by every corporation, joint-stock company Or association, or insurance company, organized in the United States, no matter how created or Orgall- ized, but not including partnerships, a tax of two per Centum upon such income; and a like tax shall be levied, aSSessed, Collected, and paid annually up- On the total net income received in the preceding Cal- endar year from all sources within the United States by every. Corporation, joint-stock company or associa- tion, or insurance company, organized, authorized, or existing under the laws of any foreign country, in- Cluding interest on bonds, notes, or other interest- bearing Obligations of residents, corporate or other- Wise, and including the income derived from divi- dends on capital stock or from net earnings of resi- dent Corporations, joint-stock companies or associa- tions, or insurance companies, whose net income is taxable under this title. - The foregoing tax rate shall apply to the total net income received by every taxable corporation, joint- Stock Company Or association, or insurance company in the Calendar year nineteen hundred and sixteen and in each year thereafter, except that if it has fix- . ed its own fiscal year under the provisions of exist- ing law, the foregoing rate shall apply to the propor- tion of the total net income returned for the fiscal year ending prior to December thirty-first, nineteen hundred and sixteen, which the period between Jan- uary first, nineteen hundred and sixteen, and the end Of such fiscal year bears to the whole of such fiscal year, and the rate fixed in Section II of the Act ap- proved October third, nineteen hundred and thirteen, entitled “An Act to reduce tariff duties aflói to pro- vide revenue for the Government, and for other pur- poses,” shall apply to the remaining portion of the total net income returned for Such fiscal year. For the purpose of ascertaining the gain derived or loss sustained from the sale or other disposition by a corporation, joint-stock company or association, or insurance company, of property, real, personal, Or mixed, acquired before March first, nineteen hundred and thirteen, the fair market price or value of such property as of March first, nineteen hundred and thir- teen, shall be the basis for determining the amount of such gain derived or IOSS Sustained. - [b] Additional tax on total net income un- distributed six months after end of calendar or fiscal year—In addition to the income tax imposed by subdivision (a) of this section there shall be levied, assessed, collected, and paid annually an additional tax of ten per centum upon the amount, remaining undistributed six months after the end Of each Calen- dar or fiscal year, of the total net income Of every corporation, joint-stock company Or association, Or insurance company, received during the year, as de- termined for the purposes of the tax imposed by such subdivision (a), but not including the amount Of any income taxes paid by it within the year imposed by the authority of the United States. . The tax imposed by this Subdivision shall not ap- ply to that portion of such undistributed net income which is actually invested and employed in the busi- ness or is retained for employment in the reasonable requirements of the business or is invested in obliga- tions of the United States issued after September first, nineteen hundred and seventeen: Provided, That if the Secretary of the Treasury ascertains and finds that any portion of such amount SO retained at any time for employment in the business is not so employed or is not reasonably required in the busi- ness a tax of fifteen per centum Shall be levied, as- sessed, collected, and paid thereon. - The foregoing tax rates shall apply to the undis- tributed net in COIme received by every taxable CorpOra- tion, joint-stock company or association, or insurance ź 6336jj (Tit. 35 INTERNAL REVENUE [Page 1018] Company in the Calendar year nineteen hundred and seventeen and in each year thereafter, except that if it has fixed its own fiscal year under the provisions Of existing law, the foregoing rates shall apply to the proportion. Of the taxable undistributed net income returned for the fiscal year ending prior to Decem- ber thirty-first, nineteen hundred and seventeen, which the period between January first, nineteen hun- dred and seventeen, and the end of such fiscal year bears to the whole of such fiscal year. (Sept. 8. 1916, c. 463, § 10, 39 Stat. 765, amended, Oct. 3, 1917, c. 63, § 1206, 40 Stat. 333, 334.) § 6336.jj. Additional tax on net income; coma- putation, ievy, assessment, collection, and pay- ment—In addition to the tax imposed by subdivision (a) of section ten of such Act of September eighth, nineteen hundred and sixteen, as amendied by this Act, there shall be levied, assessed, collected, and paid a like tax of four per centum upon the in COme received in the calendar year nineteen hundred and seventeen and every calendar year thereafter, by ev- ery Corporation, joint-stock company or association, or insurance company, subject to the tax imposed by that subdivision of that section, except that if it has fixed its own fiscal year, the tax imposed by this section for the fiscal year ending during the calendar year nineteen hundred and seventeen shall be levied, assessed, Collected, and paid Only on that proportion Of its income for Such fiscal year which the period between January first, nineteen hundred and seven- teen, and the end of such fiscal year bears to the whole Of Such fiscal year: The tax imposed by this Section shall be COmput- ed, levied, assessed, collected, and paid upon the same inCOmeS d in the same manner as the tax imposed by Subdivision (a) of section ten of such Act of Sep- tember eighth, nineteen hundred and sixteen, as amended by this Act, except that for the pilrpose Of the tax imposed by this section the income em- braced in a return of a Corporation, joint-Stock Com- pany or association, or insurance Company, Shall be Credited with the amount received as dividends upon the stock Or from the net earnings of any other cor- poration, joint-stock company or association, or in- Surance company, which is taxable upon its net in- come as provided in this title. (Oct. 3, 1917, e. 63, § 4, 40 Stat. 302.) - - CONDITIONAL AND OTHER EXEMPTIONS § 6336||r. Iaj Corporations exempted—That there shall not be taxed under this title any income received by any— First. Labor, agricultural, or horticultural organi- Zation; + Second. Mutual savings bank not having a capital Stock represented by shares; Third. Fraternal beneficiary society, order, or as- Sociation, Operating under the lodge System or for the exclusive benefit Of the members Of a fraternity itself operating under the lodge System, and provid- ing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association Or their dependents; Fourth. Domestic building and loan association and cooperative banks without capital stock organized and operated for mutual purposes and without profit; Fifth. Cemetery Company Owned and Operated ex- clusively for the benefit of its members; Sixth. Corporation Or association organized and operated exclusively for religious, charitable, scien- tific, or educational purposes, no part of the net in- come of which inures to the benefit of any private Stockholder Or individual ; Seventh. Business league, Chamber Of Commerce, or board of trade, not Organized for profit and no part of the net income of which inures to the benefit of any private stockholder or individual; Eighth. Civic league Or Organization not organized for profit but operated exclusively for the promotion Of social welfare; * . - Ninth. Club organized and operated exclusively for pleasure, recreation, and other nonprofitable pur- pOSes, no part of the net income of which inures to the benefit of any private stockholder or member; Tenth. Farmers' or other mutual hail, cyclone, or fire insurance company, mutual ditch or irrigation COmpany, mutual Or COOperative telephone Company, Or like Organization of a purely local character, the income of which consists solely of assessments, dues, and fees Collected from members for the sole purpose Of meeting its expenses; - Eleventh. Farmers', fruit growers', or like associa- tion, Organized and operated as a sales agent for the purpose Of marketing the products of its members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them ; Twelfth. Corporation or association organized for the exclusive purpose of holding title to property, Collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organiza- tion which itself is exempt from the tax imposed by this title; or - Thirteenth. Federal land banks and national farm- loan associations as provided in section twenty-six Of the Act approved July seventeenth, nineteen hun- dred and Sixteen, entitled “An Act to provide capital for agricultural development, to create standard forms of investment based upon farm mortgage, to equalize rates of interest upon farm loans, to fur- nish a market for United States bonds, to create Government depositaries and financial agents for the United States, and for other purposes.” - FOurteenth. Joint stock land banks as to income Čierived from bonds or debentures of other joint stock land banks Or any Federal land bank belonging to Such joint stock land bank. See § 9835Q. r [b]: Tax on income of public utility accruing to state or other political divisions—There shall not be taxed under this title any income derived from any public utility or from the exercise of any essen- tial governmental function accruing to any State, Territory, or the District of Columbia, or any politi- cal subdivision of a State or Territory, nor any in- come accruing to the government of the Philippine Islands or Porto Rico, or of any political subdivision of the Philippine Islands or Porto Rico: Provided, That whenever any State, Territory, or the District of Columbia, or any political subdivision of a Stafe or Territory, has, prior to the passage of this title, entered in good faith into a contract with any person Or Corporation, the object and purpose Of which is to acquire, Construct, Operate, Or maintain a public utility, no tax shall be levied under the provisions of this title upon the income derived from the opera- tion of such public utility, so far as the payment thereof will impose a loss or burden upon such State, Territory, or the District of Columbia, or a political Subdivision of a State or Territory; but this provi- Sion is not intended to Confer upon such person or Corporation any financial gain or exemption or to relieve such person or corporation from the payment of a tax as provided for in this title upon the part or portion of the said income to which such person or corporation shall be entitled under such contract. (Sept. 8, 1916, c. 463, § 11, 39 Stat. 766, 767.) DEDUCTIONS § 6336!. I a..] Mode of ascertaining net in- come; domestic corporations-In the Case of a cor- poration, joint-stock company or association, or insur- ance company, organized in the United States, such net income shall be ascertained by deducting from the gross amount of its income received within the year from all Sources— Ch. 9A) § 6336/[b] INTERNAL REVENUE IPage 1019.1 - g First. All the ordinary and necessary expenses paid within the year in the maintenance and Operation Of its business and properties, including rentals or Other payments required to be made as a condition to the continued use or possession of property to which the corporation has not taken or is not taking title, or in which it has no equity. Second. All losses actually sustained and Charged off within the year and not compensated by insurance or otherwise, including a reasonable allowance for the exhaustion, wear and tear of property arising Out Of its use or employment in the business or trade; (a) in the case of Oil and gas wells a reasonable allow- ance for actual reduction in flow and production to be ascertained not by the flush flow, but by the settled production or regular flow; (b) in the case of mines a reasonable allowance for depletion thereof not to ex- ceed the market value in the mine of the product thereof which has been mined and sold during the year for which the return and computation are made, Such reasonable allowance to be made in the case Of both (a) and (b) under rules and regulations to be prescribed by the Secretary of the Treasury: Provid- ed., That when the allowance authorized in (a) and (b) Shall equal the Capital Originally invested, or in Case of purchase made prior to March first, nineteen hun- dred and thirteen, the fair market value as Of that date, no further allowance shall be made; and (C) in the Case of insurance companies, the net addition, if any, required by law to be made within the year to reserve funds and the sums Other than dividends paid Within the year on policy and annuity contracts: Provided, That no deduction shall be allowed for any amount paid out for new buildings, permanent im- proVements, Or betterments made to increase the Val- lie of any property or estate, and no deduction shall be made for any amount of expense of restoring prop- erty Or making good the exhaustion thereof for which an allowance is or has been made: Provided further, That mutual fire and mutual employers' liability and Imutual Workmen’s Compensation and mutual casualty insurance Companies requiring their members to make premium deposits to provide for losses and expenses shall not return as income any portion of the premi- um deposits returned to their policyholders, but shall return as taxable income all income received by them from all other Sources plus such portions of the pre- mium deposits as are retained by the companies for purposes Other than the payment of losses and ex- penses and reinsurance reserves: Provided further, That mutual marine insurance Companies shall in- clude in their return of gross income gross premiums Collected and received by them less amounts paid for reinsurance, but shall be entitled to include in deduc- tions from gross income amounts repaid to policyhold- ers On account of premiums previously paid by them and interest paid upon Such amounts between the as- Certainment thereof and the payment thereof, and life insurance companies shall not include as income in any year such portion of any actual premium re- Ceived from any individual policyholder as shall have been paid back or credited to such individual policy- holder, or treated as an abatement of premium of such individual policyholder, within such year; Third. The amount of interest paid within the year On its indebtedness (except On indebtedness incurred for the purchase of obligations or securities the in- terest upon which is exempt from taxation as income under this title) to an amount Of Such indebtedness not in excess Of the sum of (a) the entire amount Of the paid-up capital stock outstanding at the close of the year, or, if no capital Stock, the entire amount of capital employed in the business at the close of the year, and (b) one-half of its interest-bearing indebted- ness then outstanding: Provided, That for the pur- pose of this title preferred capital stock shall not be considered interest-bearing indebtedness, and interest or dividends paid upon this stock shall not be deducti- ble from gross income: Provided further, That in Cases wherein shares of capital stock are issued with: Out par Or nominal value, the amount Of paid-up Capi- tal Stock, within the meaning of this section, as repre- Sented by Such shares, will be the amount Of Cash, Or its equivalent, paid Or transferred to the Corporation as a consideration for such shares: Provided further, That in the case of indebtedness Wholly secured by property collateral, tangible or intangible, the Subject of sale or hypothecation in the Ordinary business Of Such COrporation, joint-Stock Company Or aSSOCiation as a dealer Only in the property constituting Such collateral, or in loaning the funds thereby procured, the total interest paid by Such Corporation, company, Or association within the year on any such indebted- neSS may be deducted as a part of its expenses of do- ing business, but interest on such indebtedness shall Only be deductible on an amount Of Such indebtedness not in excess of the actual value of such property collateral: Provided further, That in the case of bonds or other indebtedness, which have been issued with a guaranty that the interest payable thereon shall be free from taxation, no deduction for the pay- ment of the tax herein imposed, or any Other tax paid pursuant to such guaranty, shall be allowed; and in the case of a bank, banking association, loan or trust Company, interest paid within the year on deposits Or On moneys received for investment and Secured by interest-bearing Certificates of indebtedness issued by Such bank, banking association, loan or trust COmpany Shall be deducted; Fourth. Taxes paid within the year imposed by the authority of the United States (except income and ex- cess profits taxes), or of its Territories, or possessions, or any foreign country, or by the authority of any State, county, school district, or municipality, or oth- er taxing subdivision of any State, not including those assessed against local benefits. - [b] Same; foreign corporations—In the case of a corporation, joint-stock company or association, or insurance company, Organized, authorized, or existing under the laws of any foreign Country, Such net in- come shall be ascertained by deducting from the gross amount of its income received within the year from all Sources within the United States— First. All the Ordinary and necessary expenses actually paid within the year Out of earnings in the maintenance and operation of its business and prop- erty within the United States, including rentals or Other payments required to be made as a condition to the continued use or possession of property to which the COrpOration has not taken or is not taking title, or in which it has no equity. Second. All losses actually sustained within the year in business or trade Conducted by it within the United States and not compensated by insurance or Otherwise, including a reasonable allowance for the exhaustion, wear and tear of property arising out of its use or employment in the business or trade; (a) and in the case (a) of oil and gas wells a reasonable allowance for actual reduction in flow and production to be as- certained not by the flush flow, but by the settled production or regular flow; (b) in the case of mines a reasonable allowance for depletion thereof Inot to ex- ceed the market value in the mine of the product thereof which has been mined and sold during the year for which the return and computation are made, Such reasonable allowance to be made in the Case Of both (a) and (b) under rules and regulations to be prescribed by the Secretary of the Treasury: Pro- vided, That when the allowance authorized in (a) and (b) shall equal the capital originally invested, or in case of purchase made prior to March first, nineteen hundred and thirteen, the fair market Value as Of that date, no further allowance shall be made; and (c). in the case Of insurance companies, the net addition, if any, required by law to be made within the year to reserve funds and the sums Other than dividends paid within the year on policy and annuity contracts: Provided, That no deduction shall be allowed for any t 6336/[b] (Tit. 35 INTERNAL REVENUE [Page 102.01 amount paid out for new buildings, permanent im- provements, or betterments, made to increase the value of any property or estate, and no deduction shall be made for any amount of expense of restoring prop- erty or making good the exhaustion thereof for which an allowance is or has been made: Provided, further, That mutual fire and mutual employers' liability and mutual workmen’s compensation and mutual Casualty insurance companies requiring their members to make premium deposits to provide for losses, and expenses shall not return as income any portion of the premium. deposits returned to their policyholders, but shall re- turn as taxable income all income received by them from all other sources plus such portions of the premi- um deposits as are retained by the companies for pur- poses other than the payment of losses and expenses and reinsurance reserves: Provided further, That mutual marine insurance companies shall include in their return of gross income gross premiums Collected and received by them less amounts paid for reinSur- ance, but shall be entitled to include in deductions from gross income amounts repaid to policyholders On a C- count of premiums previously paid by them, and inter- est paid upon such amounts between the ascertainment thereof, and the payment thereof, and life insurance Companies shall not include as income in any year Such portion of any actual premium received from any in- dividual policyholder as shall have been paid back Or credited to such individual policyholder, or treated as an abatement of premium Of Such individual policy- holder, within such year; Third. The amount of interest paid within the year On its indebtedness (except on indebtedness incurred for the purchase of obligations or securities the inter- est upon which is exempt from taxation as income under this title) to an amount of such indebtedness not in excess of the proportion of the sum of (a) the en- tire amount of the paid-up capital stock Outstanding at the close of the year, or, if no capital stock, the en- tire amount of the capital employed in the business at the close of the year, and (b) One-half of its interest- bearing indebtedness then Outstanding, gross amount of its income for the year from business transacted and capital invested within the United States bears to the gross amount Of its in COIme de- rived from all sources within and without the United States: Provided, That in the case of bonds or other indebtedness which have been issued with a guaranty that the interest payable thereon shall be free from taxation, no deduction for the payment Of the tax herein imposed or any other tax paid pursuant to such guaranty shall be allowed; and in case of a bank, banking association, loan or trust company, or branch thereof, interest paid within the year on deposits by Or On moneyS received for investment from either Citi- zens or residents of the United States and secured by interest-bearing certificates of indebtedness issued by such bank, banking association, loan or trust company, or branch thereof; Fourth. Taxes paid within the year imposed by the authority of the United States (except income and ex- cess profits taxes), or of its Territories, or possessions, Ol' by the authority of any State, county, school dis- trict, or municipality, or other taxing subdivision of any State, paid within the United States, not includ- ing those assessed against local benefits. [e] Payments to reserve funds of assessment insurance companies—In the case of assessment insurance companies, whether domestic or foreign, the actual deposit of sums with State or Territorial Officers, pursuant to law, as additions to guarantee or reserve funds shall be treated as being payments re- quired by law to reserve funds. (Sept. 8, 1916, c. 463, § 12, 39 Stat. 767–770, amended, Oct. 3, 1917, c. 63, § 1207, 40 Stat. 334, 335.) * • RETURNS § 633.6m. [a] Tax complited on net income as ascertained; closing day of fiscal year—The tax Which the Shall be computed upon the net income, as thus as- certained, received within each preceding calendar year ending December thirty-first: Provided, That any Corporation, joint-stock company or association, Or insurance company, subject to this tax, may desig- nate the last day of any month in the year as the day Of the closing of its fiscal year and shall be en- titled to have the tax payable by it computed upon the basis of the net income ascertained as herein provided for the year ending on the day so designated in the year preceding the date Of assessment instead Of upon the basis of the net income for the Calendar year preceding the date of assessment; and it shall give notice of the day it has thus designated as the closing of its fiscal year to the collector of the dis- trict in which its principal business office is located at any time not less than thirty days prior to the first day of March. Of the year in which its return would be filed if made upon the basis of the Calendar year; w & D'bl Return of net income annually; form and contents; verification—Every corporation, joint- Stock Company Or association, Or insurance Company, Subject to the tax herein imposed, shall, on Or be- fore the first day Of March, nineteen hundred and seventeen, and the first day Of March in each year thereafter, Or, if it has designated a fiscal year for the computation of its tax, then within sixty days after the close of such fiscal year ending prior to December thirty-first, nineteen hundred and six- teen, and the close of each such fiscal year thereafter, render a true and accurate return of its annual net income in the manner and form to be prescribed by the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, and con- taining such facts, data, and information as are ap- propriate and in the opinion of the commissioner necessary to determine the correctness of the net income returned and to carry out the provisions of this title. The return shall be sworn to by the presi- dent, vice president, or other principal officer, and by the treasurer or assistant treasurer. The return Shall be made to the Collector Of the district in which is located the principal office of the corporation, COm- pany, or association, where are kept its books of a C- count and other data from which the return is pre- pared, or in the case of a foreign corporation, Com- pany, or association, to the collector of the district in which is located its principal place of business in the United States, or if it have no principal place of business, office, or agency in the United States, then to the collector of internal revenue, at Baltimore, Maryland. All such returns shall as received be transmitted forthwith by the collector to the Com- missioner Of Internal Revenue; - Te] Returns by receivers, trustees in bank- ruptcy, or assignees—In Cases Wherein receivers, trustees in bankruptcy, Or assignees are Operating the property or business of corporations, joint-stock com- panies or associations, or insurance companies, sub- ject to tax imposed by this title, such receivers, trus- tees, or assignees shall make returns of net income as and for such corporations, joint-stock companies or associations, and insurance Companies, in the same manner and form as such organizations are herein- before required to make returns, and any income tax due On the basis of Such returns made by receivers, trustees, or assignees shall be assessed and collected in the same manner as if assessed directly against the organizations of whose businesses or properties they have custody and control; Id] , ºeturn on basis on which accounts are kept—A corporation, joint-Stock company or associa- tion, or insurance Company, keeping a CCOunts upon any basis other than that of actual receipts and disburse- ments, unless such other basis does not clearly re- flect its income, may, Subject to regulations made by the Commissioner Of Internal Revenue, with the ap- proval of the Secretary of the Treasury, make its Ch. 9A) # 633600 INTERNAL REVENUE return upon the basis upon which its accounts are kept, in which Case the tax shall be Computed upon its income as so returned; •. - [el Deduction of tax from income of nonresi- dent alien firms or corporations; derived from obligations of domestic and resident corpora- tions—All the provisions of this title relating to the tax authorized and required to be deducted and with- held and paid to the Officer of the United States Government authorized to receive the same from the income of nonresident alien individuals from sources Within the United States shall be made applicable to the tax imposed by subdivision (a) of section ten upon incomes derived from interest upon bonds and mort- gages Or deeds of trust or similar obligations of domestic Or other resident corporations, joint-stock COmpanies Or aSSociations, and insurance companies by nonresident alien firms, copartnerships, companies, Corporations, joint-Stock companies or associations, and insurance Companies, not engaged in business or trade within the United States and not having any Office Or place of business therein. If] Sarrie; derived from dividends of domestie or resident corporations—Likewise, all the provi- sions of this title relating to the tax authorized and required to be deducted and withheld and paid to the Officer Of the United States Government authoriz- ed to receive the same from the income of nonresi- dent alien individuals from Sources within the Unit- ed States Shall be made applicable to income deriv- ed from dividends upon the capital stock or from the net earnings of domestic or other resident Corpora- tions, joint-Stock Companies or associations, and insur- ance companies by nonresident alien Companies, cor- porations, joint-stock companies or associations, and insurance companies not engaged in business or trade within the United States and not having any office Or place of business therein. § 13, 39 Stat. 770–772, amended, Oct. 3, 1917, c. 63, § 1208, 40 Stat. 335.) - AssEssMENT AND ADMINISTRATION § 6336m. Ia I Notice of assessment and time for payment; immediate payment on refusal to make return or making false return; refund- ment—All assessments shall be made and the several corporations, joint-stock companies or associations, and insurance companies shall be notified of the amount for which they are respectively liable on Or before the first day of June of each Successive year, and said assessment shall be paid on Or before the fifteenth day of June: Provided, That every corpo- ration, joint-stock company or association, and in- surance company, computing taxes upon the income of the fiscal year which it may designate in the man- ner hereinbefore provided, shall pay the taxes due under its assessment within One hundred and five days after the date upon which it is required to file its list or return of income for assessment; except in cases of refusal Or neglect to make Such return, and in cases of erroneous, false, or fraudulent re- turns, in which cases the Commissioner of Internal Revenue shall, upon the discovery thereof, at any time within three years after said return is due, make a return upon information obtained as provid- ed for in this title or by existing law; and the as- sessment made by the Commissioner Of Internal Reve- nue thereon shall be paid by Such Corporation, joint- stock company or association, or insurance company immediately upon notification Of the amount of such assessment; and to any Sum Or sums due and un- paid after the fifteenth day of June in any year, Or after One hundred and five days from the date On which the return of inCOme is required to be made by the taxpayer, and after ten days’ notice and de- mand thereof by the Collector, there shall be added the sum of five per centum on the amount of tax unpaid and interest at the rate of one per centum per month upon said tax from the time the same be- (Sept. 8, 1916, c. 463, [Page 102.11 ſ in meritorious cases, as he may deem proper. Comes due: Provided, That upon the examination Of any return of income made pursuant to this title, the Act of August fifth, nineteen hundred and nine, entitled, “An Act to provide revenue, equalize duties and encourage the industries of the United States, and for other purposes,” and the Act of October third, nineteen hundred and thirteen, entitled, “An Act to reduce tariff duties and to provide revenue for the GOVernment, and for other purposes,” if it shall ap- pear that amounts of tax have been paid in excess of those properly due, the taxpayer shall be permitted to present a claim for refund thereof notwithstanding the provisions of section thirty-two hundred and twenty-eight of the Revised Statutes; Act Aug. 5, 1909, c. 6, § 38, is superseded by this act. Act Oct. 3, 1913, c. 16, § II, is repealed by § 24 of this act. See § 6336w. e - [b] Filing returns; inspection; access to re- turns by state officer—When the assessment shall be made, as provided in this title, the returns, to- gether with any corrections thereof which may have been made by the Commissioner, shall be filed in the Office Of the Commissioner Of Internal Revenue and shall constitute public records and be open to in- spection as such: Provided, That any and all such returns shall be open to inspection only upon the Order Of the President, under rules and regulations to be prescribed by the Secretary of the Treasury and approved by the President: Provided further, That the proper Officers of any State imposing a general inCOme tax may, upon the request of the governor thereof, have access to said returns or to an abstract thereof, showing the name and income of each such COrporation, joint-stock company or association, or insurance Company, at such times and in such man- ner as the Secretary of the Treasury may prescribe; [c] Penalty for failing to make return or for rendering false return—If any of the corpora- tions, joint-stock companies or associations, or insur- ance Companies aforesaid shall refuse or neglect to make a return at the time or times hereinbefore speci- fied in each year, or shall render a false or fraudulent return, Such Corporation, joint-stock company or as- Sociation, or insurance company shall be liable to a penalty of not exceeding $10,000: Provided, That the Commissioner of Internal Revenue shall have authority, in the Case of either corporations or in- dividuals, to grant a reasonable extension of time (Sept. 8, 1916, c. 463, § 14, 39 Stat. 772.) PART III-GENERAL ADMINISTRATIVE PROVISIONS § 63360. Definition of terms—The word “State” or “United States” when used in this title shall be construed to include any Territory, the District of Columbia, Porto Rico, and the Philippine Islands, When Such Construction is necessary to carry out its provisions. (Sept. 8, 1916, § 463, § 15, 39 Stat. 773.) § 63.3600. Payments of taxes in advance; re- fund of excess—The Secretary Of the Treasury, un- der rules and regulations prescribed by him, shall per- mit taxpayers liable to income and excess profits tax- es to make payments in advance in installments or in whole of an amount not in excess of the estimated tax- es which will be due from thełm, and upon determi- nation of the taxes actually due any amount paid in excess shall be refunded as taxes erroneously collect- ed: Provided, That when payment is made in install- ments at least one-fourth of such estimated tax shall be paid before the expiration of thirty days after the close of the taxable year, at least an additional One- fourth within two months after the close Of the taxa- ble year, at least an additional one-fourth within four months after the close of the taxable year, and the remainder of the tax due on Or before the time now fixed by law for such payment: Provided further, That the Secretary of the Treasury, under rules and regulations preschribed by him, may allow Credit & 6336p (Tit. 35 INTERNAL REVENUE IPage 1022] against Such taxes so paid in advance of an amount not exceeding three per centum per annum calculated upon the amount so paid from the date of such pay- ment to the date now fixed by law for such payment; but no such credit shall be ‘allowed on payments in eXcess of taxes determined to be due, nor on pay- ments made after the expiration of four and One-half months after the close of the taxable year. All pen- alties provided by existing law for failure to pay tax when due are hereby made applicable to any fail- ure to pay the tax at the time Or times required in this section. (Oct. 3, 1917, c. 63, § 1009, 40 Stat. 326.) 3. - - § 6336p. Receipt for taxes paid–It shall be the duty of every collector of internal revenue, to Whom any payment of any taxes is made under the provisions Of this title, to give to the person making such payment a full written or printed receipt, ex- pressing the amount paid and the particular account for which such payment was made ; and whenever Such payment is made such COllector Shall, if requir- ed, give a separate receipt for each tax paid by any debtor, On account Of payments made to or to be made by him to separate Creditors in such form that Such debtor Can Conveniently produce the same sepa- rately to his several creditors in Satisfaction Of their respective demands to the amounts specified in Such receipts; and Such receipts shall be sufficient evidence in favor of such debtor to justify him in withholding the amount therein expressed from his next payment to his creditor ; but such Creditor may, upon giving to his debtor a full written receipt, acknowledging the payment to him of whatever Sum may be a Ctual- ly paid, and accepting the amount of tax paid as aforesaid (specifying the same) as a further Satisfac- tion of the debt to that amount, require the Surren- der to him of Such collector’s receipt. (Sept. 8, 1916, c. 463, § 17, 39 Stat. 775.) § 6336 q. Failure of individual to make return or pay taxes; false return by individual or cor- porate officer; taxation at source not made where tax paid by taxpayer—Any person, Corporation, part- nership, association, or insurance company, liable to pay the tax, to make a return Or to supply informa- tion required under this title, who refuses or neglects to pay Such tax, to make Such return Or to Supply such information at the time Or times herein Specified in each year, shall be liable, except as otherwise spe- cially provided in this title, to a penalty of not less than $20 nor more than $1,000. Any individual or any Officer of any Corporation, partnership, association, or insurance company, required by law to make, render, sign, or verify any return or to supply any informa- tion, who makes any false Or fraudulent return Or Statement With intent to defeat or evade the assess- ment required by this title to be made, shall be guilty of a misdemeanor, and shall be fined not ex- ceeding $2,000 or be imprisoned not exceeding one year, or both, in the discretion of the Court, with the costs of prosecution: Provided, That where any tax heretofore due and payable has been duly paid by the taxpayer, it shall not be re-Collected from any with- holding agent required to retain it at its source, nor shall any penalty be imposed or collected in such cases from the taxpayer, or such withholding agent whose duty it was to retain it, for failure to return or pay the same, unless Such failure was fraudulent and for the purpose of evading payment. (Sept. 8, 1916, c. 463, § 18, 39 Stat. 775, amended, Oct. 3, 1917, c. 63, § 1209, 40 Stat. 336.) § 63364d. Certificates of indebtedness and un- certified checks receivable in payment—Under rules and regulations prescribed by the Secretary of the Treasury, Collectors of internal revenue may re- Ceive, at par and accrued interest, certificates of in- debtedness issued under section six of the Act enti- tled “An Act to authorize an issue of bonds to meet eXpenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the War, to extend credit to foreign governments, and for other purposes,” approved April twenty-fourth, nineteen hundred and seventeen, and any subsequent Act Or Acts, and uncertified checks in payment of in- COme and excess-profits taxes, during such time and under Such regulations as the Commissioner of Inter- nal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; but if a check so re- Ceived is not paid by the bank on which it is drawn the person by whom such check has been tendered shall remain liable for the payment of the tax and for all legal penalties and additions the same as if such check had not been tendered. (Oct. 3, 1917, c. 63, § 1010, 40 Stat. 327.) § 6336r. Verification of returns; notice to show cause against increase—The collector or dep- uty Collector shall require every return to be verified by the oath of the party rendering it. If the collector Or deputy collector have reason to believe that the amount of any income returned is understated, he Shall give due notice to the person making the return to ShoW Cause why the amount Of the return should not be increased, and upon proof of the amount under- Stated may increase the same accordingly. Such per- Son may furnish sworn testimony to prove any rele- Vant facts, and, if dissatisfied with the decision of the Collector, may appeal to the Commissioner of Inter- nal Revenue for his decision under such rules of pro- cedure as may be prescribed by regulation. (Sept. 8, 1916, c. 463, § 19, 39 Stat. 776.) § 6336s. Compelling attendance of witnesses and production of books—Jurisdiction is hereby Con- ferred upon the district courts of the United States for the district within which any person summoned under this title to appear to testify or to produce books shall reside, to compel such attendance, produc- tion of books, and testimony by appropriate process. (Sept. 8, 1916, c. 463, § 20, 39 Stat. 776.) § 63.36t. Statistics as to operation of law— The preparation and publication of statistics reason- ably available with respect to the Operation of the in- COme tax law and containing Classifications of tax- payers and of income, the amounts allowed as deduc- tions and exemptions, and any other facts deemed per- tinent and valuable, shall be made annually by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. (Sept. 8, 1916, c. 463, § 21, 39 Stat. 776.) § 633611. Internal revenue law applicable— All administrative, special, and general provisions of law, including the laws in relation to the assessment, remission, Collection, and refund of internal-revenue taxes not heretofore specifically repealed and not inconsistent with the provisions Of this title, are here- by extended and made applicable to all the provisions of this title and to the tax herein imposed. (Sept. 8, 1916, c. 463, § 22, 39 Stat. 776.) § 6336v. Extension to Porto Rico and Philip- r pines—The provisions of this title shall extend to Porto Rico and the Philippine Islands: Provided, That the administration of the law and the collection of the taxes imposed in Porto Rico and the Philip- pine Islands shall be by the appropriate internal-rev- enue officers of those governments, and all revenues collected in Porto Rico and the Philippine Islands, thereunder shall accrue intact to the general GOVern- ments thereof, respectively: Provided further, That the jurisdiction in this title conferred upon the dis- trict Courts of the United States shall, so far as the Philippine Islands are concerned, be vested in the courts of the first instance of said islands: And pro- vided further, That nothing in this title shall be held to exclude from the computation of the net income the Compensation paid any official by the governments of the District of Columbia, Porto Rico, and the Philip- pine Islands, or the political Subdivisions thereof. (Sept. 8, 1916, c. 463, § 23, 39 Stat. 776.) Ch, 9A) 3 6336Z[a] INTERNAL REVENUE § 6336vv. Provisions as to additional taxes not applicable to Porto Rico or Philippines; amend- ment of laws in force there—The provisions of this title shall not extend to Porto Rico or the Philippine Islands, and the Porto Rican or Philippine Legisla- ture shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Porto Rico or the Philippine Islands, respectively. (Oct. 3, 1917, c. 63, § 5, 40 Stat. 302.) § 63.36 w. Repeal—Section II of the Act approved October third, nineteen hundred and thirteen, enti- tled “An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,” is hereby repealed, except as herein otherwise pro- vided, and except that it shall remain in force for the assessment and collection of all taxes Which have accrued thereunder, and for the imposition and Col- lection of all penalties or forfeitures which have ac- crued or may accrue in relation to any of such taxes, and except that the unexpended balance of any appro- priation heretofore made and now available for the administration of Such section or any provision there- of shall be available for the administration of this title or the corresponding provision thereof. (Sept. 8, 1916, c. 463, § 24, 39 Stat. 776.) § 6336x. Certain income not to be considered as such; fiscal year fixed by taxpayer—Income On which has been assessed the tax imposed by Section II of the Act entitled “An Act to reduce tariff du- ties and to provide revenue for the Government, and for other purposes,” approved October third, nineteen hundred and thirteen, shall not be Considered as in- come within the meaning of this title: Provided, That this section shall not conflict with that portion of Section ten, of this title, under which a taxpayer has fixed its own fiscal year. (Sept. 8, 1916, c. 463, § 25, 39 Stat. 777.) RETURNS OF DIVIDENDS § 6336xx. Form and contents—Every corpora- tion, joint-Stock Company or association, or insur- ance COmpany Subject to the tax herein imposed, When required by the Commissioner of Internal Revenue, shall render a correct return, duly verified under oath, Of its payments of dividends, whether made in Cash Or its equivalent or in stock, including the names and addresses Of Stockholders and the number Of Shares Owned by each, and the tax years and the applicable amounts in which such dividends were earned, in such form and manner as may be prescribed by the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury. (Sept. 8, 1916, c. 463, § 26, added, March 3, 1917, c. 159, § 402, 39 Stat. 1003, amended, Oct. 3, 1917, c. 63, § 1210, 40 Stat. 336.) Added by Act March 3, 1917, c. 159, § 402, and amended by Act Oct. 3, 1917, c. 63, § 1210. § 6336xxx. Brokers doing business on ex- changes or boards of trade—Every person, corpora- tion, partnership, or association, doing business as a . broker on any exchange or board of trade or other Similar place of business shall, when required by the Commissioner of Internal Revenue, render a correct return duly Verified under Oath, under Such rules and regulations as the Commissioner of Internal Revenue, With the approval of the Secretary of the Treasury, may prescribe, showing the names of customers for Whom Such person, corporation, partnership, or as- SOGiation has transacted any business, with such de- tails as to the profits, losses, or other information Which the Commissioner may require, as to each of Such Customers, as Will enable the Commissioner of Internal Revenue to determine whether all income tax due On profits Or gains of such customers has beek, paid. (Sept. 8, 1916, c. 463, § 27, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 336.) Added by Act Oct. 3, 1917, c. 63, § 1211. § 6336 y. Persons making payments to other persons—All persons, corporations, partnerships, as- SOciations, and insurance companies, in whatever ca- [Page iO23] - pacity acting, including lessees or mortgagors of real Or perSOnal property, trustees acting in any trust CapaCity, executors, administrators, receivers, COn- Servators, and employers, making payment to another perSon, corporation, partnership, association, or in- Surance COmpany, of interest, rent, Salaries, Wages, premiums, annuities, compensation, remuneration, emoluments, or other fixed or determinable gains, profits, and income (other than payments described in Sections twenty-six and twenty-seven), of $800 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees Of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, are hereby authorized and required to render a true and accurate return to the Commissioner of Internal Revenue, under such rules and regulations and in Such form and manner as may be prescribed by him, With the approval of the Secretary of the Treasury, Setting forth the amount of such gains, profits, and income, and the name and address of the recipient of Such payment : Provided, That such returns shall be required, regardless of amounts, in the case of pay- ments Of interest upon bonds and mortgages or deeds of trust or other similar obligations of corporations, joint-stock companies, associations, and insurance com- panies, and in the case of collections of items (not payable in the United States) of interest upon the bonds of foreign Countries and interest from the bonds and dividends from the stock of foreign cor- porations by persons, corporations, partnerships, or aSSOciations, undertaking as a matter of business or for profit the Collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange. - When necessary to make effective the provisions of this Section the name and address of the recipient of income shall be furnished upon demand of the person, Corporation, partnership, association, or insurance COmpany paying the income. The provisions of this section shall apply to the Calendar year nineteen hundred and seventeen and each calendar year thereafter, but shall not apply to the payment of interest on obligations of the United States. (Sept. 8, 1916, c. 463, § 28, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 337.) See § 6336xxx and note. § 6336 yS. Credit in returns to net incomes of amount of excess profits tax imposed and assess- ed for calendar or fiscal year—In assessing income tax the net income embraced in the return shall also be Credited with the amount of any excess profits tax imposed by Act of Congress and assessed for the same Calendar or fiscal year upon the taxpayer, and, in the Case of a member of a partnership, with his propor- tionate share of such excess profits tax imposed upon the partnership. (Sept. 8, 1916, c. 463, § 29, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 337.) See § 6336xxx and note. § 6336 yyy. Incomes of foreign governments— Nothing in section II of the Act approved October third, nineteen hundred and thirteen, entitled “An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,” or in this title, shall be Construed as taxing the income of foreign governments received from investments in the United States in Stocks, bonds, or Other domestic Securities, owned by Such foreign governments, or from interest on depositS in banks in the United States of moneys belonging to foreign governments. (Sept. 8, 1916, c. 463, § 30, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 337.) See § 6336xxx and note. - § 63362. Lal Dividend defined—The term “divi- dends” as used in this title shall be held to mean any distribution made or Ordered to be made by a corpo- ration, joint-Stock company, association, or insurance Company, Out Of its earnings or profits accrued since & 6336Z[b] (Tit. 35 INTERNAL REVENUE March first, nineteen hundred and thirteen, and pay- able to its shareholders, whether in cash or in Stock of the corporation, joint-stock company, a SSOciation, or insurance company, which stock dividend shall be Considered income, to the amount of the earningS Or profits so distributed. Ib] IDistributions deemed to have been made from most recently accumulated undivided prof- its or surplus, and counted as part of annual in- come—Any distribution made to the shareholders Or members of a corporation, joint-stock company, or aS- Sociation, or insurance company, in the year nineteen hundred and seventeen, or subsequent tax years, shall be deemed to have been made from the most recently accumulated undivided profits or surplus, and shall constitute a part of the annual income of the dis- tributee for the year in which received, and shall be taxed to the distributee at the rates prescribed by law for the years in which such profits or surplus were accumulated by the corporation, joint-stock Com- pany, association, or insurance company, but noth- ing herein shall be construed as taxing any earnings or profits accrued prior to March first, nineteen hun- dred and thirteen, but such earnings or profits may be distributed in Stock dividends or otherwise, ex- empt from the tax, after the distribution of earnings and profits accrued since March first, nineteen hun- dred and thirteen, has been made. This subdivision shall not apply to any distribution made prior to Au- gust sixth, nineteen hundred and seventeen, Out Of earnings or profits accrued prior to March first, nine- teen hundred and thirteen. (Sept. 8, 1916, c. 463, § 31, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 337.) See § 6336xxx and note. § 6336Zz. Premiums on certain life insurance policies not to be deducted—Premiums paid on life insurance policies covering the lives of officers, em- ployees, or those financially interested in any trade Or business Conducted by an individual, partnership, Corporation, joint-stock company or association, Or insurance Company, shall not be deducted in Comput- \ng the net income of such individual, corporation, joint-stock Company Or association, Or insurance COm- pany, or in computing the profits of such partnership for the purposes of subdivision (e) of section nine. (Sept. 8, 1916, c. 463, § 32, added, Oct. 3, 1917, c. 63, § 1211, 40 Stat. 338.) See § 6336xxx and note. Chapter Nine B–Munition Man- Sec. ufacturers’ Tax 6336%a. Definition of terms. - 633644b. Manufacturers on whom tax imposed; liveries under pre-existing contract. 6336%bb. Section 6336%b, amended. 633644c. Net profits; computation. . 6336%d. Same; computation as affected by sale of articles for less than fair market price. 6336%.e. Returns by manufacturers. 6336%f. Transmission of returns; assessment of taxes. 6336%g. Investigation of truth of returns. • 6336%h. Assessment of tax on agents or persons in charge of 6336%i. business. Examination of books. 633644.j. 6336%k. Information obtained not to be communicated. Penalty for violation of act. 6336%l. 6336%m. Regulations. Other laws applicable. § 63.36%a. Definition of terms—When used in this title— - The term “person” includes partnerships, corpora- tions, and associations; The term “taxable year” means the twelve months ending December thirty-first. The first taxable year shall be the twelve months ending December thirty- first, nineteen hundred and sixteen ; and The term “United States” means Only the States, the Territories of Alaska and Hawaii, and the District of Columbia. (Sept. 8, 1916, c. 463, § 300, 39 Stat. 780.) § 633.6%b. Manufacturers on whom tax im- posed; amount; deliveries under pre-existing amount; de- [Page 1024] contract—(1) That every person manufacturing (a) gunpowder and other explosives, excepting blasting powder and dynamite used for industrial purposes : (b) cartridges, loaded and unloaded, caps or primers, exclusive of those used for industrial purposes; (C) projectiles, shells, or torpedoes of any kind, includ- ing shrapnel, loaded or unloaded, or fuses, or COm- plete rounds of ammunition ; (d) fire-arms of any kind and appendages, including small arms, Cannon, machine guns, rifles, and bayonets; (e) electric mo- tor boats, Submarine Or Submersible vessels Or boats ; Or (f) any part of any of the articles mentioned in (b), (c), (d), or (e); shall pay for each taxable year, in addition to the income tax imposed by Title I, an eXcise tax of twelve and one-half per Centum upon the entire net profits actually received Or accrued for said year from the sale or disposition of such articles manufactured within the United States: Pro- Vided, however, That no person shall pay such tax up- On net profits received during the year nineteen hun- dred and sixteen derived from the sale and delivery Of the articles enumerated in this section under con- tracts executed and fully performed by such person prior to January first, nineteen hundred and sixteen. (2) This section shall cease to be of effect at the end of One year after the termination of the present European war, which shall be evidenced by the proc- lamation of the President of the United States de- Claring such war to have ended. (Sept. 8, 1916, c. 463, § 301, 39 Stat. 781.) - § 63.36%bb. Section 633.6%b, amended—Subdi- Vision (1) of section three hundred and One of such Act Of September eighth, nineteen hundred and sixteen, is hereby amended so that the rate of tax for the tax- able year nineteen hundred and seventeen shall be ten per centum instead of twelve and one-half per Centum, as therein provided. (2) This section shall cease to be of effect on and after January first, nineteen hundred and eighteen. (Oct. 3, 1917, c. 63, § 214, 40 Stat. 308.) . - § 63.36% c. Net profits; computation—In com- puting net profits under the provisions of this title, for the purpose of the tax there shall be allowed as de- ductions from the gross amount received or accrued for the taxable year from the sale or disposition of Such articles manufactured Within the United States, the following items: (a) The cost of raw materials entering into the manufacture; w" (b) Running expenses, including rentals, cost of re- pairs and maintenance, heat, power, insurance, man- agement, salaries, and wages; (c) Interest paid within the taxable year on debts or loans contracted to meet the needs of the busi- ness, and the proceeds of which have been actually used to meet Such needs; - (d) Taxes of all kinds paid during the taxable year with respect to the business Or property relating to ...the manufacture; (e) Losses actually sustained within the taxable year in connection with the business of manufactur- ing such articles, including losses from fire, flood, storm, or other casualty, and not compensated for by insurance or otherwise; and (f) A reasonable allowance according to the condi- tions peculiar to each concern, for amortization of the Values of buildings and machinery, a CCOunt being taken of the exceptional depreciation of special plants. (Sept. 8, 1916, c. 463, § 302, 39 Stat. 781.) § 63.36%d. Same; coxmiputation as affected by sale of articles for less than fair market price- If any person manufactures any article Specified in section three hundred and One and, during any tax- able year or part thereof, whether under any agree- ment, arrangement, or understanding, Or otherWise, sells or disposes of any such article at less than the fair market price obtainable therefor, either (a) in such manner as directly or indirectly to benefit such Ch. 90) a 6336%a INTERNAL REVENUE W person or any person directly or indirectly interest- ed in the business of such person, or (b) with intent to CauSe Such benefit, the gross amount received or accrued for Such year or part thereof from the sale Or disposition of Such article shall be taken to be the amount Which would have been received or accrued from the Sale or disposition of such article if sold at the fair market price. (Sept. 8, 1916, c. 463, § 303, 39 Stat. 781.) - § 63.36%e. Returns by manufacturers—On or before the first day of March, nineteen hundred and Seventeen, and the first day of March in each year thereafter, a true and accurate return under oath Shall be made by each person manufacturing articles Specified in Section three hundred and One to the col- lector of internal revenue for the district in which Such person has his principal office or place of busi- ness, in Such form as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, setting forth specifically the gross amount of income received or accrued from the Sale Or disposition of the articles Specified in Sec- tion three hundred and One, and from the total there- Of deducting the aggregate items of allowance au- thorized in section three hundred and two, and such Other particulars as to the gross receipts and items Of allowance as the Commissioner of Internal Reve- Inue, with the approval of the Secretary of the Treas- ury, may require. (Sept. 8, 1916, c. 463, § 304, 39 Stat. 781.) § 63.36%f. Transmission of returns; assess- ment of taxes—All such returns shall be transmitted forth with by the Collector to the Commissioner of Internal Revenue, Who shall, as soon as practicable, assess the tax found due and notify the perSon Imak- ing such return of the amount of tax for which such person is liable, and Such person shall pay the tax to the Collector on Or before thirty days from the date of such notice. (Sept. 8, 1916, c. 463, § 305, 39 Stat. 782.) § 63.36%g. Investigation of truth of returns— If the Secretary of the Treasury or the Commissioner of Internal Revenue shall have reason to be dissat- isfied with the return as made, Or if no return is made, the COmmissioner is authorized to make an investiga- tion and to determine the amount Of net profits and may assess the proper tax acCOrdingly. He shall notify the person making, Or who should have made, such return and shall proceed to Collect the tax in the same manner as provided in this title, unless the person so notified shall file a written request for a hearing with the Commissioner within thirty days aft- er the date of such notice; and on such hearing the burden of establishing to the satisfaction of the com- missioner that the groSS amount received or accrued or the amount Of net profits, as determined by the Commissioner, is incorrect, shall devolve upon such person. (Sept. 8, 1916, c. 463, § 306, 39 Stat. 782.) § 633.6%h. Assessment of tax on agents or persons in charge of business—The tax may be as- sessed on any person for the time being Owning or carrying On the business, or On any person acting as agent for that person in carrying on the business, or where a business has ceased, On the person who own- ed. Or Carried. On the business, Or acted as agent in carrying On the business immediately before the time at which the business ceased. - (Sept. 8, 1916, c. 463, § 307, 39 Stat. 782.) § 63.36%i. Examination of books—For the pur- pose of carrying Out the provisions Of this title the Commissioner of Internal Revenue is authorized, per- sonally or by his agent, to examine the books, ac- Counts, and records Of any person subject to this tax. (Sept. 8, 1916, c. 463, § 308, 39 Stat. 782.) § 63.36%j. Information obtained not to be communicated—No person employed by the United States. Shall Communicate, or allow to be communicat- CoMP.ST.’18—65 - - IPage 1025] year, Or both, in the discretion of the court. 782.) vided for herein. ed to any person not legally entitled thereto, any information obtained under the provisions of this title, or allow any such person to inspect or have ac- CeSS to any return furnished under the provisions of this title. (Sept. 8, 1916, c. 463, § 309, 39 Stat. 782.) § 63.36%k. Penalty for violation of act—Who- ever violates any of the provisions of this title or the regulations made thereunder, or who knowingly makes false statements in any return, or refuses to give Such information as may be called for, is guilty of a Imisdemeanor, and upon conviction shall, in addition to paying any tax to which he is liable, be fined not more than $10,000, or imprisoned not exceeding one (Sept. 8, 1916, c. 463, § 310, 39 Stat. 782.) § 633.6%l. Other laws applicable—All adminis- trative, special, and general provisions of law, relat- ing to the assessment and collection of taxes not specif- ically repealed, are hereby made to apply to this title so far as applicable and not inconsistent With its provisions. (Sept. 8, 1916, c. 463, § 311, 39 Stat. § 63.36%m. Regulations—The Commissioner of Internal Revenue, With the approval Of the Secretary Of the Treasury, shall make all necessary regulations for carrying out the provisions of this title, and may require any person subject to such provisions to fur- Inish him with further information whenever in his judgment the same is necessary to collect the tax pro- (Sept. 8, 1916, c. 463, § 312, 39 Stat. 782), - - - Chapter Nine C–Excess Profits Tax This chapter includes a part of Title II of the War ReV- enue Act of 1917, Act Oct. 3, 1917, c. 63, entitled “War EX- cess Profits Tax.” Act March 3, 1917, c. 159, §§ 200–207, 39 Stat. 1000–1002, relating to the same subject, was repealed by Act Oct. 3, 1917, c. 63, § 214 (see § 6336% O. Sec. 6336%a. Definitions. 6336%b. Additional tax on certain excess net incomes; en- gaged in trade or business defined; exemptions. 6336%c. Exemptions. - 6336%d. Deductions; how made. * 6336%.e. Same; corporations not engaged in business for whole of calendar year; corporations organized aft- er January 2, 1913. t 6336%f. Same; corporations having no net income during pre- - war period; determination of percentage of net in- come to invested capital; claims for abatements. 6336%g. Net incomes; how ascertained. 6336%h. Invested capital; how determined. 6336%i. Same; reorganized trade or business. © 6336%j. Trade or business having no invested capital. 6336%k. Invested capital; deductions when not determinable. 6336%l. Returns of foreign and domestic partnerships. 6336%m. Laws applicable. - - 6336%m. Regulations; data. 6336%o. Repeal; credit of amounts paid under act repealed. § 633.6%a. Definitions—When used in this title- The term “corporation” includes joint-stock Compa- nies or associations and insurance companies; The term “domestic” means created under the law of the United States, or of any State, Territory, Or District thereof, and the term “foreign” means Cre- ated under the law of any other possession of the United States or of any foreign Country Or govern- ment; The term “United States” means Only the States, the Territories of Alaska and Hawaii, and the DiS- trict Of Columbia ; The term “taxable year” means the twelve months ending December thirty-first, excepting in the case of a corporation or partnership which has fixed its own fiscal year, in which case it means such fiscal year. The first taxable year shall be the year ending De- cember thirty-first, nineteen hundred and seventeen, except that in the Case of a corporation or partner- ship which has fixed its own fiscal year, it shall be the fiscal year ending during the calendar year nine- teen hundred and Seventeen. If a corporation or a 6336%a. (Tit. 35 INTERNAL REVENUE partnership, prior to March first, nineteen hundred and eighteen, makes a return covering its own fiscal year, and includes therein the income received during that part of the fiscal year falling within the calen- dar year nineteen hundred and sixteen, the tax for such taxable year shall be that proportion of the tax computed upon the net income during such full fiscal year which the time from January first, nineteen hun- dred and seventeen, to the end of Such fiscal year bears to the full fiscal year; and - The term “prewar period” means the Calendar years nineteen hundred and eleven, nineteen hundred and twelve, and nineteen hundred and thirteen, Or, if a corporation or partnership was not in existence or an individual was not engaged in a trade or busi- ness during the whole of such period, then as many of such years during the whole of which the corpora- tion or partnership was in existence or the individ- ual was engaged in the trade or business. The terms “trade” and “business” include profes- sions and becupations. The term “net income” means in the case of a for- eign corporation or partnership or a nonresident alien individual, the net income received from sources with: in the United States. (Oct. 3, 1917, c. 63, § 200, 40 Stat. 302.) - § 633.6%b. Additional tax on certain excess met incomes; engaged in trade or business defined; exemptions—In addition to the taxes under existing law and under this act there shall be levied, assessed, collected, and paid for each taxable year upon the income of every corporation, partnership, or individ- ual, a tax (hereinafter in this title referred to as the tax) equal to the following percentages of the net in- COIſle : Twenty per centum of the amount of the net in- come in excess of the deduction (determined as here- inafter provided) and not in excess of fifteen per Cen- tum of the invested capital for the taxable year; Twenty-five per centum of the amount of the net income in excess of fifteen per centum and not in ex- cess of twenty per centum of such Capital; Thirty-five per centum of the amount of the net income in excess of twenty per centum and not in excess of twenty-five per centum of Such Capital; Forty-five për centum of the amount of the net income in excess of twenty-five per centum and not in excess of thirty-three per centum of such capital; and Sixty per centum of the amount of the net income in excess of thirty-three per centum of Such Capital. For the purpose of this title every corporation or partnership not exempt under the provisions Of this section shall be deemed to be engaged in business, and all the trades and businesses in which it is engaged shall be treated as a single trade or business, and all its income from whatever source derived shall be deemed to be received from such trade or business. This title shall apply to all trades or businesses of whatever description, whether continuously carried On Or not, except— (a) In the case of officers and employés under the United States, or any State, Territory, or the District of Columbia, or any local subdivision thereof, the compensation or fees received by them as such Of- ficers or employés ; (b), Corporations exempt from tax under the provi- sions of Section eleven of Title I of such Act Of Sep- tember eighth, nineteen hundred and Sixteen, as amended by this Act, and partnerships and individ- uals carrying on or doing the same business, Or COm- ing within the same description; and (c) Incomes derived from the business of life, health, and accident insurance combined in One policy issued on the weekly premium payment plan. (Oct. 3, 1917, c. 63, § 201, 40 Stat. 303.) § 633.6% c. Exemptions—The tax shall not be im- posed in the case of the trade or business of a foreign [Page 10261 corporation or partnership or a nonresident alien in- dividual, the net income of which trade or business during the taxable year is less than $3,000. (Oct. 3, 1917, c. 63, § 202, 40 Stat. 303.) § 633.6%d. Deductions; how made—For the pull- poses of this title the deduction shall be as follows, except as otherwise in this title provided— - (a) In the case of a domestic corporation, the Sum Of (1) an amount equal to the same percentage of the invested capital for the taxable year which the av- erage amount Of the annual net income Of the trade or business during the prewar period was of the in- Vested Capital for the prewar period (but not less than seven or more than nine per centum of the in- Wested capital for the taxable year), and (2) $3,000; (b) In the case of a domestic partnership or of a citizen or resident of the United States, the sum of (1) an amount equal to the same peréentage of the in- Wested Capital for the taxable year which the average amount Of the annual net income of the trade Or business during the prewar period was of the invest- ed Capital for the prewar period (but not less than Seven Or more than nine per centum of the invested capital for the taxable year), and (2) $6,000; (c) In the case of a foreign Corporation or partner- Ship Or Of a nonresident alien individual, an amount ascertained in the same manner as provided in sub- divisions (a) and (b) without any exemption of $3,- 000 or $6,000. - (d) If the Secretary of the Treasury is unable sat- isfactorily to determine the average amount Of the annual net income Of the trade or business during the prewar period, the deduction shall be determined in the same manner as provided in section two hundred . and five. (Oct. 3, 1917, c. 63, § 203, 40 Stat. 304.) - § 6336%.e. Same; corporations not engaged in business for whole of calendar year; corpora- tions organized after January 2, 1913—If a cor- poration or partnership was not in existence, Or an individual was not engaged in the trade or business, during the whole of any one calendar year during the prewar period, the deduction shall be an amount equal to eight per centum of the invested capital for the taxable year, plus in the case of a domestic corporation $3,000, and in the case of a domestic partnership Or a Citizen or resident Of the United States $6,000. A trade or business carried on by a corporation, partnership, or individual, although formally organ- ized or reorganized on or after January second, nineteen hundred and thirteen, which is substantially a continuation of a trade or business carried On prior to that date, shall, for the purposes of this title, be deemed to have been in existence prior to that date, and the net income and invested capital Of its pred- ecessor prior to that date shall be deemed to have been its net income and invested capital. (Oct. 3, 1917, c. 63, § 204, 40 Stat. 304.) § 63.36%f. Same; corporations having no net income during prewar period; determination of perceritage of net income to invested capital; claims for abatements—(a) If the Secretary Of the Treasury, upon complaint finds either (1) that during the prewar period a domestic corporation or part- nership, or a citizen or resident of the United States, had no net income from the trade. Or business, Or (2) that during the prewar period the percentage, which the net income was of the invested Capital, was low as compared with the percentage, Which the net income during such period of representative COr- porations, partnerships, and individuals, engaged in a iike or similar trade or business, was of their in- vested capital, then the deduction shall be the sum of (1) an amount equal to the same percentage of its invested capital for the taxable year which the av- erage deduction (determined in the same manner as provided in section two hundred and three, without including the $3,000 or $6,000 therein referred to) Ch. 9C) 3 6336%h INTERNAT, REVENUE IPage 10271 for such year of representative corporations, partner- ships, or individuals, engaged in a like Or similar trade or business, is of their average invested capital for such year plus (2) in the case of a domestic COr- poration $3,000, and in the case of a domestic part- nership or a citizen or resident of the United States $6,000. - - The percentage which the net income was of the invested capital in each trade or business shall be determined by the Commissioner of Internal Reve- nue, in accordance with regulations prescribed by him, with the approval of the Secretary of the Treas- ury. In the case of a corporation or partnership Which has fixed its own fiscal year, the percentage determined by the calendar year ending during Such fiscal year shall be used. (b) The tax shall be assessed upon the basis of the deduction determined as provided in section two hun- dred and three, but the taxpayer claiming the ben- efit Of this section may at the time of making the return file a claim for abatement of the amount by Which the tax so assessed exceeds a tax computed upon the basis of the deduction determined as pro- Vided in this section. In such event, collection of the part of the tax covered by such claim for abate- ment shall not be made until the claim is decided, but if in the judgment of the Commissioner of Inter- nal Revenue, the interests of the United States would be jeopardized thereby he may require the claimant to give a bond in such amount and with such sure- ties as the commissioner may think wise to safeguard Such interests, conditioned for the payment of any tax found to be due, with the interest thereon, and if such bond, satisfactory to the commissioner, is not given within such time as he prescribes, the full amount Of tax assessed shall be collected and the amount Overpaid, if any, shall upon final decision Of the application be refunded as a tax erroneously or illegally collected. (Oct. 3, 1917, c. 63, § 205, 40 Stat. 304.) *. - § 63.36%g. Net incomes; how ascertained—For the purposes of this title the net income of a cor- poration shall be ascertained and returned (a) for the Calendar years nineteen hundred and eleven and nineteen hundred and twelve upon the same basis and in the same manner as provided in section thirty- eight of the Act entitled “An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes,” approved August fifth, nineteen hundred and nine, except that income taxes paid by it within the year imposed by the authority of the United States shall be includ- ed; (b) for the calendar year nineteen hundred and thirteen upon the same basis and in the same manner as provided in section II of the Act entitled “An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,” approved October third, nineteen hundred and thirteen, except that income taxes paid by it within the year imposed by the authority of the United States shall be includ- ed, and except that the amounts received by it as dividends upon the stock or from the net earnings of other corporations, joint-stock companies or asso- ciations, or insurance companies, subject to the tax imposed by section II of such Act of October third, nineteen hundred and thirteen, shall be deducted ; and (c) for the taxable year upon the same basis and in the same manner as provided in Title I of the Act entitled “An Act to increase the revenue, and for Oth- er purposes,” approved September eighth, nineteen hundred and sixteen, as amended by this Act, except that the amounts received by it as dividends upon the Stock or from the net earnings Of Other CorpOra- tions, joint-stock companies or associations, or in- surance companies, subject to the tax imposed by Title I of such Act of September eighth, nineteen hun- dred and sixteen, shall be deducted. The net income of a partnership or individual Shall be ascertained and returned for the calendar years nineteen hundred and eleven, nineteen hundred and twelve, and nineteen hundred and thirteen, and for the taxable year, upon the same basis and in the Same manner as provided in Title I of Such Act of September eighth, nineteen hundred and sixteen, as amended by this Act, except that the Credit allowed by Subdivision (b) of section five Of Such Act shall be deducted. There shall be allowed (a) in the case Of a domestic partnership the same deductions as allowed to individuals in Subdivision (a) of Section five of such Act of September eighth, nineteen hun- dred and sixteen, as amended by this Act ; and (b) in the case of a foreign partnership the same deduc- tions as allowed to individuals in subdivision (a) of Section six of such Act as amended by this Act. (Oct. 3, 1917, c. 63, § 206, 40 Stat. 305.) § 63.36%h. Invested capital; how determined —As used in this title, the term “invested capital” for any year means the average invested capital for the year, as defined and limited in this title, averag- ed monthly. As used in this title “invested capital” does not include stocks, bonds (other than obligations of the United States), or other assets, the income from .Which is not subject to the tax imposed by this title nor money or other property borrowed, and means, Subject to the above limitations: (a) In the case of a corporation or partnership: (1) Actual cash paid in, (2) the actual cash value of tangible property paid in other than cash, for stock Or shares in such corporation or partnership, at the time of such payment (but in case such tangible prop- erty Was paid in prior to January first, nineteen hun- dred and fourteen, the actual cash value of Such property as of January first, nineteen hundred and fourteen, but in no case to exceed the par value of the Original stock or shares specifically issued there- for), and (3) paid in or earned surplus and undivided profits used or employed in the business, exclusive of undivided profits earned during the taxable year: Provided, That (a) the actual cash value of patents and Copyrights paid in for Stock Or shares in Such Corporation or partnership, at the time of such pay- ment, shall be included as invested capital, but not to exceed the par value of Such stock Or shares at the time of such payment, and (b) the good will, trade- marks, trade brands, the franchise of a corporation or partnership, or other intangible property, shall be included as invested capital if the corporation or partnership made payment bona fide therefor spe- cifically as such in cash or tangible property, the value of such good will, trade-mark, trade brand, franchise, or intangible property, not to exceed the actual cash or actual cash value of the tangible prop- erty paid therefor at the time of such payment; but good will, trade-marks, trade brands, franchise of a corporation or partnership, or other intangible proper- ty, bona fide purchased, prior to March third, nineteen hundred and seventeen, for and with interests or shares in a partnership or for and with shares in the capital stock of a corporation (issued prior to March third, nineteen hundred and seventeen), in an amount not to exceed, on March third, nineteen hundred and Seventeen, twenty per centum Of the total interests or shares in the partnership or of the total shares of the capital stock of the corporation, shall be includ- ed in invested capital at a Value not to exceed the actual cash value at the time Of Such purchase, and in case of issue of stock therefor not to exceed the par value of such stock; \ (b) In the case of an individual, (1) actual cash paid into the trade or business, and (2) the actual cash value of tangible property paid into the trade or business, other than cash, at the time of Such pay- ment (but in case such tangible property was paid in prior to January first, nineteen hundred and four: teen, the actual cash value of such property as of # 6336%h (Tit. 35 INTERNAL REVENUE [Page 1028] January first, nineteen hundred and fourteen), and (3) the actual cash value of patents, copyrights, good will, trade-marks, trade brands, franchises, or other intangible property, paid into the trade or business, at the time Of Such payment, if payment was made therefor specifically as such in Cash or tangible prop- erty, not to exceed the actual cash or actual Cash value of the tangible property bona fide paid therefor at the time of Such payment. - In the case of a foreign Corporation or partnership or of a nonresident alien individual the term “invest- ed capital” means that proportion of the entire in- vested capital, as defined and limited in this title; which the net income from sources within the United States bears to the entire net income. (Oct. 3, 1917, c. 63, § 207, 40 Stat. 306.) * , . . § 633.6%i. Same; reorganized trade or busi- ness—In case of the reorganization, consolidation Or change of ownership of a trade or business after March third, nineteen hundred and seventeen, if an interest or control in such trade or business of fifty per Centum or more remains in Control Of the Same persons, Corporations, associations, partnerships, Or any of them, then in ascertaining the invested capital of the trade or business no asset transferred or re- Ceived from the prior trade or business shall be al-. lowed a greater value than would have been allowed under this title in computing the invested capital Of such prior trade or business if such asset had not been SO transferred Or received, unless Such asset was paid for Specifically as such, in Cash or tangible property, and then not to exceed the actual Cash Or actual cash value Of the tangible property paid there- for at the time of such payment. (Oct. 3, 1917, c. 63, § 208, 40 Stat. 306.) - - . . . § 633.6%j. Trade or business having no invest- ed capital—In the case of a trade or business hav- ing no invested capital or not more than a nominal capital there shall be levied, assessed, Collected and paid, in addition to the taxes under existing law and under this Act, in lieu of the tax imposed by Section two hundred and one, a tax equivalent to eight per centum of the net income of Such trade or busi- ness in excess of the following deductions: In the case of a domestic corporation $3,000, and in the Case of a domestic partnership or a citizen or resident Of the United States $6,000; in the case of all other trades or business, no deduction. (Oct. 3, 1917, C. 63, § 209, 40 Stat. 307.) - § 63.36%k. Invested capital; deductions when not determinable—If the Secretary of the Treasury is unable in any case satisfactorily to determine the invested capital, the amount of the deduction Shall be the sum of (1) an amount equal to the same pro- portion of the net income of the trade or business received during the taxable year as the proportion which the average deduction (determined in the Same manner as provided in section two hundred and three, without including the $3,000 or $6,000 therein refer- red to) for the same calendar year of representative corporations, partnerships, and individuals, engaged in a like or similar trade or business, bears to the total net income of the trade or business received by Such corporations, partnerships, and individuals, plus (2) in the case of a domestic corporation $3,000, and in the case of a domestic partnership or a citizen Or resident of the United States $6,000. - For the purpose of this section the proportion be- tween the deduction and the net income in each trade or business shall be determined by the Commissio aer of Internal Revenue in accordance with regulations prescribed by him, with the approval of the Secretary of the Treasury. In the case of a Corporation or partnership which has fixed its own fiscal year, the proportion determined for the calendar year ending during such fiscal year shall be used. (Oct. 3, 1917, c. 63, § 210, 40 Stat. 307.) - § 633.6%l. Returns of foreign and domestic partnerships—Every foreign partnership having a net income of $3,000 or more for the taxable year, and every domestic partnership having a net income of $6,000 or more for the taxable year, shall render a COrrect return. Of the in COme of the trade Or business for the taxable year, setting forth specifically the gross income for such year, and the deductions allow- ed in this title. Such returns shall be rendered at the same time and in the same manner as is prescrib- ed for in COme-tax returns under Title I of Such Act Of September eighth, nineteen hundred and sixteen, as amended by this Act. (Oct. 3, 1917, c. 63, § 211, 40 Stat. 307.) - . . § 633.6%m. Laws applicable—All administrative, Special, and general provisions of law, including the laws in relation to the assessment, remission, collec- tion, and refund of internal-revenue taxes not hereto- fore Specifically repealed, and not inconsistent with the provisions of this title are hereby extended and made applicable to all the provisions of this title and to the tax herein imposed, and all provisions of Title I of Such Act of September eighth, nineteen hundred and Sixteen, as amended by this Act, relating to re- turns and payment of the tax therein imposed, includ- ing penalties, are hereby made applicable to the tax imposed by this title. (Oct. 3, 1917, c. 63, § 212, 40 Stat. 307.) § 633.6%m. Regulations; data—The Commission- er of Internal Revenue, with the approval of the Sec- retary of the Treasury, shall make all necessary reg- ulations for carrying out the provisions of this title, and may require any corporation, partnership, or in- dividual, subject to the provisions of this title, to fur- nish him. With Such facts, data, and information as in his judgment are necessary to collect the tax imposed by this title. (Oct. 3, 1917, c. 63, § 213, 40 Stat. 307.) § 63.36%0. Repeal; credit of amounts paid un- der act repealed—Title II (sections two hundred to tWO hundred and Seven, inclusive) of the Act entitled “An Act to provide increased revenue to defray the expenses of the increased appropriations for the Army and Navy, and the extensions of fortifications, and for Other purposes,” approved March third, nineteen hun- dred and seventeen, is hereby repealed. Any amount heretofore or hereafter paid on account Of the tax imposed by such Title II, shall be credited toward the payment of the tax imposed by this title, and if the amount so paid exceeds the amount of such tax the excess shall be refunded as a tax errone- ously or illegally collected. (Oct. 3, 1917, c. 63, § 214, 40 Stat. 308.) - - - Chapter Ten—Legacies and Succes- - sions (R. S. §§ 3438–3440. Obsolete.) These three sections of the Revised Statutes provided for the payment, assessment, and collection of taxes on lega- cies and successions which were then subject to tax under provisions of acts in force prior to Oct. 1, 1870; said taxes, on and after that date, having been repealed by Act July. 14, 1870, c. 255, § 8, 16 Stat. 256. They are omitted as ten- porary merely in their nature, and as having become ob- solete by lapse of time since the repeal of said taxes. The tax on legacies and distributive shares of personalty imposed by the War Revenue Act of June 13, 1898,..C. 448, §§ 29, 30, 30 Stat. 464, 465, and the act amendatory thereof, Act March 2, 1901, c. 806, § 11, 31 Stat. 948, Was abrogated by the repeal of section 29 of said Act June 13, 1898, C. 448, by Act April 12, 1902, c. 500, § 7, 32 Stat. 97. Th; tax was again imposed by Act Sept. 8, 1916, c. 463, §§ 209-313; See §§ 6336%a-6336%m, under the designation Estate Tax.” - Ch. 10A) 3 6336%.c INTERNAL REVENUE [Page 10291 ° see Chapter Ten A–Estate Tax 6336%a. Definitions. - - - - - - 6336%b. Taxing percentages based on value of net estate, 6336%bb. Same. , - - 6336%bbb. Additional tax. 6336%bbbb. Same; exemptions. 6336% c. Value of gross estate. 6336%d. Net value of estate. - - 6336%e. Time when tax becomes due; discount; penalty for - failure to pay in time., 6336%f. Appointment of executor; notice of returns; mode of assessment. 6336%g. Collector to make return. • - 6336%h. Payment of tax by executor; refundment; excessive payment; receipts. s 6336%i. Compelling payment; sale of property; reimburse- ment of person paying tax. 6336%j. Lien on estate; personal liability of transferee or trustee of decedent; bona fide purchasers. 6336%k. False statement in notice or return; failure to dis- close information. - 6336%l. Other laws applicable. 6336%m. Regulations. § 63.36%a. Definitions—When used in this title— The term “person” includes partnerships, CorpOra- tions, and associations; The term “United States” means only the States, the Territories of Alaska and Hawaii, and the Dis- trict Of Columbia; - The term “executor” means the executor or adminis- trator of the decedent, or, if there is no executor or administrator, any person who takes possession of any property of the decedent ; and The term “collector” means the collector of internal revenue of the district in which was the domicile of the decedent at the time of his death, Or, if there Was In O Such domicile in the United States, then the Col- lector of the district in which is situated the part of the gross estate of the decedent in the United States, Or, if such part of the gross estate is situated in more than One district, then the collector of internal reve- nue at Baltimore, Maryland. (Sept. 8, 1916, c. 463, § 200, 39 Stat. 777.) - - § 633.6%b. Taxing percentages based on value of net estate—A tax (hereinafter in this title refer- red to as the tax), equal to the following percentages Of the Value of the net estate, to be determined as provided in section two hundred and three, is hereby imposed upon the transfer of the net estate of every Čiecedent dying after the passage of this Act, whether a resident or nonresident Of the United States: One and one-half per centum of the amount of such net estate not in excess of $50,000; Three per centum of the amount by which such net estate exceeds $50,000 and does not exceed $150 000 : Four and one-half per centum of the amount by Which Such net estate exceeds $150,000 and does not exceed $250,000; - - Six per centum of the amount by which Such net estate exceeds $250,000 and does not exceed $450,000; . Seven and one-half per centum of the amount by Which Such net estate exceeds $450,000 and does not exceed $1,000,000; - Nine per Centum of the amount by which such net estate exceeds $1,000,000 and does not exceed $2,000,- 000; - - Ten and one-half per centum of the amount by Which Such net estate exceeds $2,000,000 and does not exceed $3,000,000; : . - Twelve per centum of the amount by which such net estate exceeds $3,000,000 and does not exceed $4,- 000,000; - Thirteen and one-half per centum of the amount by Which Such net estate exceeds $4,000,000 and does not exceed $5,000,000; and - Fifteen per centum of the amount by which such net estate exceeds $5,000,000. (Sept. 8, 1916, c. 463, § 201, 39 Stat. 777, amended, March 3, 1917, c. 159, § 300, 39 Stat. 1002.) § 63.36%bb. Same—The tax on the transfer of the net estate of decedents dying between September eighth, nineteen hundred and sixteen, and the pas- Sage of this Act shall be computed at the rates origi- nally prescribed in the Act approved September eighth, nineteen hundred and sixteen. (March 3, 1917, c. 159, § 301, 39 Stat. 1002.) - § 63.36%bbb. Additional tax—In addition to the tax imposed by Section two hundred and One Of the Act entitled “An Act to increase the revenue, and for Other purposes,” approved September eighth, nineteen hundred and sixteen, as amended— . (a) A tax equal to the following percentages of its Value is hereby imposed upon the transfer of each net estate of every decedent dying after the passage of this Act, the transfer of which is taxable under such Section (the value of such net estate to be determined as provided in Title II of such Act of September eighth, nineteen hundred and sixteen): One-half of one per centum of the amount of such net estate not in excess of $50,000; - One per centum of the amount by which such net estate exceeds $50,000 and does not exceed $150,000; One and one-half per centum of the amount by which such net estate exceeds $150,000 and does not exceed $250,000; - TWO per centum of the amount by which such net estate exceeds $250,000 and does not exceed $450,000; TWO and One-half per centum of the amount by Which Such net estate exceeds $450,000 and does not exceed $1,000,000; s - Three per centum of the amount by which such net ºte exceeds $1,000,000 and does not exceed $2,000,- Three and One-half per centum of the amount by ^. • Which such net estate exceeds $2,000,000 and does not exceed $3,000,000; Four per centum of the amount by which such net ºte exceeds $3,000,000 and does not exceed $4,000,- Four and One-half per centum of the amount by Which such net estate exceeds $4,000,000 and does not exceed $5,000,000; - º - Five per centum of the amount by which such net estate exceeds $5,000,000 and does not exceed $8,000,- 000; 3. Seven per centum of the amount by which such net estate exceeds $8,000,000 and does not exceed $10,- 000,000; and r Ten per centum of the amount by which Such net estate exceeds $10,000,000. (Oct. 3, 1917, c. 63, § 900, 40 Stat. 324.) - - § 633.6%bbbb. Same; exemptions—The tax im- posed by this title shall not apply to the transfer of the net estate of any decedent dying while serving in the military or naval forces of the United States, dur- ing the continuance of the war in which the United States is now engaged, Or if death results from in- juries received or disease contracted in such service, within One year after the termination of such War. For the purposes of this section the termination of the war shall be evidenced by the proclamation of the President. (Oct. 3, 1917, c. 63, § 901, 40 Stat. 325.) § 63.36%c. Value of gross estate—The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, Wherever situated: - (a) To the extent of the interest therein of the dece- dent at the time of his death. Which after his death is Subject to the payment of the charges against his estate and the expenses of its administration and is Subject to distribution as part of his estate. (b) To the extent of any interest therein of which the decedent has at any time made a transfer, or With respect to which he has created a trust, in Contempla- tion of or intended to take effect in possession or en- joyment at or after his death, except in case of a bona fide sale for a fair consideration in money or money’s worth. Any transfer of a material part of his prop- erty in the nature of a final disposition or distribu- tion thereof, made by the decedent within two years a 6886% (Tit. 35 INTERNAL REVENUE 'IPage 10301 prior to his death without such a consideration, Shall, Unless ShOWn to the COntrary, be deemed to have been made in contemplation of death within the meaning of this title; and - - (c) To the extent of the interest therein held jointly Or as tenants in the entirety by the decedent and any Other person, or deposited in banks or other institu- tions in their joint names and payable to either Or the survivor, except such part thereof as may be Shown to have originally belonged to such other perSOn and never to have belonged to the decedent. For the purpose of this title stock in a domestic Corporation owned and held by a nonresident dece- dent shall be deemed property within the United States, and any property of which the decedent has made a transfer or with respect to which he has creat- ed a trust, within the meaning of subdivision (b) of this section, shall be deemed to be situated in the United States, if SO situated either at the time Of the transfer or the creation of the trust, or at the time of the decedent’s death. (Sept. 8, 1916, c. 463, § 202, 39 Stat. 777.) - § 633.6%d. Net value of estate—For the purpose of the tax the value of the net estate shall be deter- mined— (a) In the case of a resident, by deducting from the value of the gross estate— - - (1) Such amounts for funeral expenses, administra- tion expenses, claims against the estate, unpaid mort- gages, losses incurred during the settlement of the estate arising from fires, storms, shipwreck, or other casualty, and from theft, when such losses are not . Compensated for by insurance or otherwise, support during the settlement of the estate of those dependent upon the decedent, and Such other charges against the estate, as are allowed by the laws of the jurisdic- tion, whether within or without the United States, un- der which the estate is being administered; and (2) An exemption of $50,000; - (b) In the case of a nonresident, by deducting from the value of that part of his gross estate which at the time Of his death is situated in the United States that proportion of the deductions specified in para- graph (1) of subdivision (a) of this section which the value Of Such part bears to the Value Of his entire gross estate, wherever situated. But no deductions shall be allowed in the case of a nonresident unless the executor includes in the return required to be fil- ed under Section two hundred and five the value at the time Of his death of that part of the gross estate Of the nonresident not situated in the United States. (Sept. 8, 1916, c. 463, § 203, 39 Stat. 778.) § 633.6%.e. Time when tax becomes due; dis- count; penalty for failure to pay in time—The tax shall be due One year after the decedent’s death. If the tax is paid before it is due a discount at the rate of five per centum per annum, calculated from the time payment is made to the date When the tax is due, shall be deducted. If the tax is not paid with- in ninety days after it is due interest at the rate of ten per centum per annum from the time of the dece- dent’s death shall be added as part Of the tax, unless because of claims against the estate, necessary litiga- tion, or other unavoidable delay the collector finds that the tax can, not be determined, in which Case the interest shall be at the rate Of six per centum per an- num from the time Of the decedent’s death until the cause of such delay is removed, and thereafter at the rate of ten per centum per annum. Litigation to defeat the payment of the tax shall not be deemed necessary litigation. (Sept. 8, 1916, c. 463, § 204, 39 Stat. 778.) - § 63.36%f. Appointment of executor; notice of returns by; mode of assessment—The executor, within thirty days after qualifying as such, or, after coming into possession of any property of the dece- dent, whichever event first occurs, shall give written notice thereof to the collector. also, at such times and in such manner as may be re- * The executor, shall quired by the regulations made under this title, file With the collector a return under oath in duplicate, setting forth (a) the value of the gross estate of the decedent at the time of his death; or, in case of a nonresident, of that part of his gross estate situated in the United States; (b) the deductions allowed un- der section two hundred and three; (c) the value of the net estate of the decedent as defined in section tWO hundred and three; and (d) the tax paid or payable thereon; or Such part of such information as may at the time be ascertainable and such supplemental data as may be necessary to establish the correct tax. Return shall be made in all cases of estates subject to the tax or where the gross estate at the death of the decedent exceeds $60,000, and in the case of the es- tate of every nonresident any part of whose gross es- tate is situated in the United States. If the executor is unable to make a complete return as to any part of the groSS estate of the decedent, he shall include in his return a description of such part and the name of eVery perSOn holding a legal or beneficial interest therein, and upon notice from the collector such per- Son shall in like manner make a return as to such part Of the gross estate. The commissioner of Internal Revenue Shall make all assessments of the tax under the authority of existing administrative special and general provisions of law relating to the assessment and collection of taxes. (Sept. 8, 1916, c. 463, § 20:5, 39 Stat. 778.) § 63.36%g. Collector to make return—If no ad- ministration is granted upon the estate of a decedent, Or if no return is filed as provided in section two hun- dred and five, or if a return contains a false or in- Correct statement of a material fact, the collector or Cleputy Collector shall make a return and the Commis- Sioner of Internal Revenue shall assess the tax there- on. (Sept. 8, 1916, c. 463, § 206, 39 Stat. 779.) § 63.36%h. Payment of tax by executor; re- fundiment; excessive payment; receipts—The ex- ecutor shall pay the tax to the collector or deputy col- lector. If for any reason the amount of the tax can not be determined, the payment of a sum of money sufficient, in the Opinion of the collector, to discharge the tax shall be deemed payment in full of the tax, except as in this section otherwise provided. If the amount SO paid exceeds the amount of the tax as finally determined, the Commissioner of Internal Rev- enue shall refund. Such excess to the executor. If the amount of the tax as finally determined exceeds the amount so paid the Commissioner shall notify the executor Of the amount Of Such excess. From the time of such notification to the time of the final pay- ment of such excess part of the tax, interest shall be added thereto at the rate of ten per centum per an- num, and the amount of such excess shall be a lien upon the entire gross estate, except such part there- of as, may have been sold to a bona fide purchaser for a fair Consideration in money Or money’s worth. The Collector shall grant to the person paying the tax duplicate receipts, either of which shall be suffi- Cient evidence Of Such payment, and shall entitle the executor to be credited and allowed the amount there- of by any court having jurisdiction to audit or settle his accounts. (Sept. 8, 1916, c. 463, § 207, 39 Stat. 779.) § 633.6%i. Compelling payment; sale of prop- erty; reimbursement of person paying tax—If the tax herein imposed is not paid within sixty days after it is due, the collector shall, unless there is reasona- ble cause for further delay, Commence appropriate proceedings in any court of the United States, in the name of the United States, to subject the property Of the decedent to be sold under the judgment Or decree of the court. From the proceeds of Such Sale the amount of the tax, together with the costs and expens- es of every description to be allowed by the Court, shall be first paid, and the balance shall be deposited according to the order of the court, to be paid under its direction to the person entitled thereto. If the tax or any part thereof is paid by, or collected out Ch. 11) & 6338 INTERNAL REVENUE [Page 1031] of that part of the estate passing to or in the pos- session of, any person other than the executor in his capacity as such, such person shall be entitled to re- imbursement out of any part of the estate still un- distributed or by a just and equitable contribution by the persons whose interest in the estate of the dece- dent would have been reduced if the tax had been paid before the distribution of the estate or whose inter- est is subject to equal or prior liability for the pay- ment of taxes, debts, or other charges against the eS- tate, it being the purpose and intent of this title that so far as is practicable and unless otherwise directed by the will of the decedent the tax shall be paid Out of the estate before its distribution. (Sept. 8, 1916, C. 463, § 208, 39 Stat. 779.) § 633.6%j. Lien on estate; personal liability of transferee or trustee of decedent; bona fide purchasers—Unless the tax is sooner paid in full, it shall be a lien for ten years upon the gross estate of the decedent, except that such part of the groSS estate as is used for the payment of charges against the eS- tate and expenses of its administration, allowed by any court having jurisdiction thereof, Shall be divest- ed of Such lien. If the decedent makes a transfer of, or Creates a trust with respect to, any property in contemplation of or intended to take effect in possession Or enjoy- ment at or after his death (except in the case of a bona fide sale for a fair consideration in money Or money's worth) and if the tax in respect thereto is not paid when due, the transferee or trustee shall be personally liable for such tax, and Such property, to the extent of the decedent’s interest therein at the time of such transfer, shall be subject to a like lien equal to the amount of such tax. Any part of Such property sold by such transferee or trustee to a bona fide purchaser for a fair consideration in mon- ey or money's worth shall be divested of the lien and a like lien shall then attach to all the property of such transferee or trustee, except any part Sold to a bona fide purchaser for a fair consideration in money or money’s worth. (Sept. 8, 1916, c. 463, § 209, 39 Stat. 780.) § 633.6%k. False statement in notice or return; failure to disclose information—Whoever know- ingly makes any false statement in any notice or re- turn required to be filed by this title shall be liable to a penalty of not exceeding $5,000, or imprisonment not exceeding one year, or both, in the discretion of the COurt. Whoever fails to comply with any duty imposed upon him by section two hundred and five, Or, hav- ing in his possession or control any record, file, or paper, containing or supposed to contain any infor- mation concerning the estate of the decedent, fails to exhibit the same upon request to the Commission- er of Internal Revenue Or any COllectOr Or law Officer of the United States, or his duly authorized deputy or agent, who desires to examine the same in the per- formance of his duties under” this title, shall be lia- ble to a penalty of not exceeding $500, to be recover- ed, with costs of Suit, in a civil action in the name of the United States. (Sept. 8, 1916, c. 463, § 210, 39 Stat. 780.) , - § 633.6%l. Other laws applicable—All adminis- trative, special, and general provisions of law, includ- ing the laws in relation to the assessment and collec- tion of taxes, not heretofore specifically repealed are hereby made to apply to this title so far as applica- ble and not inconsistent with its provisions. (Sept. 8, 1916, c. 463, § 211, 39 Stat. 780.) § 633.6%m. Regulations—The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make such regulations, and pre- scribe and require the use of such books and forms, as he may deem necessary to carry out the provisions of this title. (Sept. 8, 1916, c. 463, § 212, 39 Stat. 780.) Chapter Eleven—Provisions Common to Several Objects of Taxation Sec. 6337. 6338. 6338a. 6339. Drawback; fraudulent claims of. Same; articles shipped to Philippines. Same; articles shipped to Porto Rico or Philippines. Articles in schedule intended for exportation to be man- ufactured in bonded Warehouses. 6340. Removal in bond to Pacific coast for export. 6340a. Tax on articles imported from Virgin Islands; exemp- tion from taxes imposed by laws of Islands; tax On articles imported into Islands. - 6341. Monthly account of articles in bonded warehouses, and exported. *. . 6342. Chºº of stamps, instruments for attaching and can- CellD.g. 6343. Altering form and device of internal-revenue stamps or labels; cancellation. 6344. Stamps printed on handroller presses. 6345. Transmission of stamps to internal-revenue officers. 6346. Redemption of spoiled stamps. 6346a. Allowance for or redemption of stamps; issue under former acts. 6346b. Use of existing stamps. 6346c. Fractional part of cent disregarded. 6347. Decision of Commissioner final. 6348. Assessment of tax on articles sold without stamps; col- lection. - 6348a. Laws made part of act; records, statements, and re- turns; regulations. 6348b. Payment of taxes by vendee or lessee; dealer defined. 6349. Regulations; mode of assessing or collecting any tax not provided for. 6349a. Same. 6349b. Same; enforcement of act. 6350. Internal-revenue laws co-extensive with jurisdiction of United States. 6351. Removing liquors or wines under other than trade- Ila IſleS. *. 6352. Removing or concealing articles with intent to defraud |United States. * . - 6353. Fraudulently executing required documents. 6354. Possession of property with intent to sell in fraud of law, or to evade taxes. 6355. Same; seizure. 6356. Sales to evade tax; forfeiture. 6357. Disposing of or receiving empty stamped packages. 6358. Penalty and forfeiture by distillers, rectifiers, wholesale liquor-dealers, and manufacturers of tobacco or cigars. Package included in forfeiture of goods. 6360. Seizure of goods; delivery to marshal. 6361. Same; bailing; sale for want of bail. 6362. Same; proceedings in case of goods valued at $500 or - less. - 6363. Same; application for remission and return of proceeds Of sale; distribution. 6364. Search-warrants. 6365. Detection and punishment of frauds. 6366. sº of expenditures for punishment of violations Of la W. 6367. Purchasing for Government goods subject to tax. 6368. Construction of revenue acts. 6369. Lien for taxes on legacies. 6370, 6371. [Obsolete.] - (R. S. §§ 3441, 3442. Superseded and re- pealed.) Section 3441, allowed a drawback on fermented liquors and on all the articles mentioned in Schedule A, following R. S. § 3437, consisting of medicinal preparations, perfum- ery, COSmetics, matches, and playing cards. It was amend- ed by Act March 1, 1879, c. 125, § 17, 20 Stat. 350, by strik- Ing out a clause excluding any allowance less than $10. Section 3442 made certificates of drawback issued pursuant to the preceding section receivable for taxes. Both sec- tions Were Superseded, so far as they allowed a drawback on the articles in Schedule A, by the repeal of the taxes by Act March 3, 1883, c. 121, § 1, 22 Stat. 488, and they Were repealed, so far as they allowed a drawback on fer- mented liquors, by Act June 18, 1890, c. 432 (§ 6152). § 6337. Drawback; fraudulent claims of Whenever any person fraudulently claims or seeks to obtain an allowance of drawback on goods, wares, or merchandise on which no internal duty shall have been paid, or fraudulently claims any greater allow- ance of drawback than the tax actually paid as afore- said, he shall forfeit triple the amount wrongfully or fraudulently claimed Or SOught to be obtained, or the Sum of five hundred dollars, at the election of the Sec- retary of the Treasury. (R. S. § 3443.) § 6338. Same; articles shipped to Philippines —All articles Subject under the laws Of the United States to internal-revenue tax, or On which the ºinter- nal-revenue tax has been paid, and which may under existing laws and regulations be exported to a foreign # 6338 (Tit. 35 INTERNAL REVENUE country without the payment of such tax, or with ben- efit of drawback, as the case may be, may also be shipped to the Philippine Islands with like privilege, under such regulations and the filing of Such bonds, bills of lading, and other security as the Commissioner of Internal Revenue may, with the approval Of the Secretary of the Treasury, prescribe. (March 8, 1902, c. 140, § 6, 32 Stat. 55.) See §§ 6125, 6196. - § 6338a. Same; articles shipped to Porto Rico or Philippines—All provisions of existing laws for the allowance of drawback of internal-revenue tax On articles exported from the United States are, So far as applicable, hereby extended to like articles upon which an internal-revenue tax has been paid When shipped from the United States to the Island of Porto Rico or to the Philippine Islands. (March 4, 1915, c. 164, 38 Stat. 1189.) § 6339. Articles in schedule intended for ex- portation to be manufactured in bonded ware- houses—All medicines, preparations, compositions, perfumery, cosmetics, cordials, and other liquors man- ufactured wholly or in part of domestic Spirits, in- tended for exportation, as provided by law, in Order to be manufactured and sold or removed, Without be- ing charged with duty, and without having a Stamp affixed thereto, shall, under such regulations as the Secretary of the Treasury may prescribe, be made and manufactured in warehouses similarly construct- ed to those known and designated in Treasury regula- tions as bonded-warehouses, class two: Provided, That such manufacturer shall first give *satisfactory bonds to the collector of internal revenue for the faithful Observance Of all the provisions of law and the regu- lations as aforesaid, in amount not less than half of that required by the regulations of the Secretary of the Treasury from persons allowed bonded-ware- houses. Such goods, when manufactured in Such warehouses, may be removed for exportation under the direction of the proper officer having charge there- of, who shall be designated by the Secretary of the Treasury, without being charged with duty, and with- out having a stamp affixed thereto. Any manufactur- er of the articles aforesaid, or of any of them, having Such bonded warehouse as aforesaid, shall be at liber- ty, under such regulations as the Secretary of the Treasury may prescribe, to convey therein any ma- terials to be used in such manufacture which are allowed by the provisions of law to be exported free from tax Or duty, as well as the necessary materials, implements, packages, vessels, brands, and labels for the preparation, putting up, and export of the said manufactured articles; and every article so used shall be exempt from the payment of stamp and excise duty by such manufacturer. Articles and materials so to be used may be transferred from any bonded-Ware- house in which the same may be, under such regula- tion as the Secretary of the Treasury may prescribe, into any bonded-warehouse in which such manufac- ture may be conducted, and may be used in such man- ufacture, and when SO used shall be exempt from stamp and excise duty; and the receipt of the officer in charge as aforesaid shall be received as a voucher for the manufacture of such articles. Any materials imported into the United States may, under such rules as the Secretary of the Treasury may prescribe, and under the direction of the proper officer, be removed in Original packages from on shipboard, or from the bonded-Warehouse in which the same may be, into the bonded-Warehouse in which such manufacture may be carried on, for the purpose of being used in such manufacture, without payment of duties thereon, and may there be used in Such manufacture. No article SO removed, nor any article manufactured in Said bonded warehouse, shall be taken therefrom except for exportation, under the direction of the proper officerºhaving charge thereof, as aforesaid, whose cer- tificate, describing the articles by their mark or other- wise, the quantity, the date of importation, and name IPage 10321 of vessel, with Such. additional particulars as māy from time to time be required, shall be received by the collector of customs in Cancellation of the bonds, or return of the amount of foreign import duties. All labor performed and services rendered under these regulations shall be under the Supervision of an officer Of the Customs, and at the expense of the manufactur- er. (Oct. 1, 1890, c. 1244, § 10, 26 Stat. 614.) § 6340. Removal in bond to Pacific coast for export—Any article manufactured in a bonded Ware- house established under the preceding section, and situated in any of the Atlantic States, may be re- moved therefrom for transportation to a customs bonded Warehouse at any port on the Pacific coast of the United States, for the purpose only of being ex- ported therefrom, under such regulations and upon the execution of such bonds or other security as the Secretary of the Treasury may prescribe. (R. S. § 3434.) , - - § 6340a. Tax on articles imported from Vir- gin Islands; exemption from taxes imposed by laws of Islands; tax on articles imported into Islands—There shall be levied, collected, and paid in the United States, upon articles Coming into the Unit- ed States from the West Indian Islands acquired from Denmark, a tax equal to the internal-revenue tax imposed in the United States upon like articles of domestic manufacture; such articles shipped from Said islands to the United States shall be exempt from the payment of any tax imposed by the internal- revenue laws of said islands: Provided, That there Shall be levied, collected, and paid in said islands, upon articles imported from the United States, a tax equal to the internal-revenue tax imposed in Said islands upon like articles there manufactured; and Such articles going into said islands from the United States shall be exempt from payment of any tax imposed by the internal-revenue laws of the United States. (Oct. 3, 1917, c. 63, § 1000, 40 Stat. 325.) - § 6341. IMonthly account of articles in bonded warehouses, and exported—Every collector who has Charge of any warehouse in which distilled spirits, or Other articles, are stored in bond, shall render a Imonthly a CCOunt of all such articles to the Commis- Sioner of Internal Revenue, by whom such account Shall be examined and adjusted monthly, so as to ex- hibit a true Statement of the responsibility of Sush Collector thereon. In adjusting such account, the Col- lector shall be charged with all the articles which may have been deposited or received under the provisions of law, in any warehouse in his district and under his control, and shall be credited with all Such articles shown to have been removed therefrom according to law, including transfers to other collec- tors and to his successor in office, and also whatever allowances may have been made in acCordance with law to any owner of such goods or articles for leakage or other Iosses. And every collector from whose dis- trict any distilled spirits, tobacco, Snuff, or cigars are shipped in bond, under the provisions of this Title, shall render a monthly a CCOUnt Of the same to the Commissioner of Internal Revenue, showing the amount of each article produced and shipped in bond, the amounts of which the exportation is completed according to law, and the amount remaining unaº- counted for at the end of each month ; also any ex- cesses or deficiencies on the amounts originally report- ed as shipped. (R. S. § 3444.) § 6342. Changes of stamps, instruments for attaching and canceling—The Commissioner of In- ternal Revenue may make such change in stamps, and may prescribe such instruments or other means for attaching, protecting, and canceling stamps, for . tobacco, Snuff, cigars, distilled spirits, and fermented liquors, or either of them, as he and the Secretary of the Treasury shall apprové; such instruments to be furnished by the United States to the persons using the stamps to be affixed there with, under Such regu- Ch. 11). 3 6348a INTERNAL REVENUE [Page 10331 lations as the Commissioner of Internal Revenue may prescribe. (R. S. § 3445.) . . . . . § 6343. Altering form and device of inter- inal-revenue stamps or labels; cancellation—The Commissioner of Internal Revenue, with the approv- al of the Secretary of the Treasury, may establish and, from time to time, alter or change the form, style, character, material, and device of any Stamp, mark, or label used under any provision of the laws relating to internal revenue. Such stamps shall be attached, protected, removed, canceled, Obliterated, and destroyed, in such manner and by such instru- ments or other means as he, with the approval of the Secretary of the Treasury, may prescribe; and he is hereby authorized and empowered to make, with the approval of the Secretary of the Treasury, all needful regulations relating thereto; and all pains, penalties, fines, and forfeitures now provided by law relating to internal-revenue stamps shall apply to and have full force and effect in relation to any and all stamps which may or shall be so established by the Commissioner Of Internal Revenue: Provided, Such stamps or device or instrument or means of removal or obliteration, shall entail no additional ex- pense upon the persons required to affix or use the same. (R. S. § 3446, amended, March 1, 1879, c. 125, § 18, 20 Stat. 351.) § 6344. Stamps printed on hand-roller press- es—The faces Of all tobacco stamps for use upon packages of two pounds and upward, and of all beer, whiskey, cigar, snuff, oleomargarine, and special liq- uor tax stamps, shall hereafter be printed from en- graved plates upon hand-roller plate-printing presses. (March 3, 1899, c. 424, § 1, 30 Stat. 1082.) See § 6556. - § 6345. Transmission of stamps to internal- revenue officers—Hereafter the transmission of in- ternal revenue stamps to the Officers Of the internal revenue service shall be made through the mails of the United States in registered packages. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 152.) - § 6346. Redemption of spoiled stanps—The Commissioner of Internal Revenue, subject to regula- tions prescribed by the Secretary of the Treasury, may, upon receipt of satisfactory evidence of the facts, make allowance for or redeem such of the stamps, issued under authority of law, to denote the payment of any internal-revenue tax, as may have been spoiled, destroyed, or rendered useless or unfit for the purpose intended, or for which the owner may have no use, or which through mistake may have been improperly or unnecessarily used, or where the rates or duties represented thereby have been excessive in amount, paid in error, or in any manner wrongfully collected. Such allowance or redemption may be made, either by giving other stamps in lieu of the stamps so allowed for or redeemed, or by re- funding the amount or value to the Owner thereof, deducting therefrom, in case of repayment, the per- ... Centage, if any, allowed to the purchaser thereof; but no allowance or redemption shall be made in any Case until the stamps so spoiled or rendered useless shall have been returned to the Commissioner of Internal Revenue, or until satisfactory proof has been made showing the reason why the same can not be returned; or, if so required by the said Commis- sioner, when the person presenting the same can not satisfactorily trace the history of said stamps from their issuance to the presentation of his claim as aforesaid: Provided, That documentary and pro- prietary stamps issued under the provisions of “An Act to provide ways and means for war expenditures, and for other purposes,” approved June thirteenth, eighteen hundred and ninety-eight, may be redeemed Only when presented in quantities of two dollars or more, face value: Provided further, That no claim for the redemption of or allowance for stamps shall be allowed unless presented within two years after the purchase of said stamps from the Government, | Such Stamps. excepting documentary and proprietary stamps issued under the Act of June thirteenth, eighteen hundred and ninety-eight, which stanps may be redeemed as hereinbefore authorized, upon presentation prior to the first day of July, nineteen hundred and four. (May 12, 1900, c. 393, § 1, 31 Stat. 177, amended, June 30, 1902, c. 1327, 32 Stat. 506.) § 6346a. Allowance for or redemption of stamps; issue under former acts—The Commission- er of Internal Revenue, subject to regulation prescrib- ed by the Secretary of the Treasury, may make allow- ance for or redeem stamps, issued, under authority Of the Act approved October twenty-second, nineteen hundred and fourteen, entitled “An Act to increase the internal revenue, and for other purposes,” and the joint resolution approved December seventeenth, nineteen hundred and fifteen, entitled “Joint resolu- tion extending the provisions of the Act entitled “An Act to increase the internal revenue, and for other purposes,’ approved October twenty-second, nineteen hundred and fourteen, to December thirty-first, nine- teen hundred and sixteen,” to denote the payment of internal revenue tax, and which have not been used, if presented within two years after the purchase of (Sept. 8, 1916, c. 463, § 411, 39 Stat. 793.) - - & See § 59801. This section was repealed in Act April 17, *ś • 8, § 1, 40 Stat. 3, with a time limit to January § 6846b. Use of existing stamps—where the rate of tax imposed by this Act, payable by stamps, is an increase over previously existing rates, stamps On hand in the collectors' offices and in the Bureau: of Internal Revenue may continue to be used until the Supply on hand is exhausted, but shall be sold and accounted for at the rates provided by this Act, and assessment shall be made against manufactur- ers and other taxpayers having such stamps on hand On the day this Act takes effect for the difference between the amount paid for such stamps and the tax due at the rates provided by this Act. (Oct. 3, 1917, c. 63, § 1006, 40 Stat. 326.) . . . § 6346c. Fractional part of cent disregarded —In the payment of any tax under this Act not pay- able by stamp a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. (Oct. 3, 1917, c. 63, § 1008, 40 Stat. 326.) § 6347. Decision of Commissioner final—The finding Of facts in and the decision of the Commis- Sioner Of Internal Revenue upon the merits of any claim presented under or authorized by this Act shall, in the absence of fraud or mistake in mathe- matical calculation, be final and not subject to revi- Sion by any accounting Officer. (May 12, 1900, c. 393, § 2, 31 Stat. 178.) - - - § 6348. Assessment of tax on articles sold without stamps; collection—Whenever any article upon which a tax is required to be paid by means of a stamp is sold or removed for sale by the manu- facturer thereof, without the use of the proper stamp, in addition to the penalties imposed by law for such Sale Or removal, it shall be the duty Of the Commis- sioner of Internal Revenue, within a period of not more than two years after such removal or sale, up- on such information as he can obtain, to estimate the amount of the tax which has been omitted to be paid, and to make an assessment therefor upon the | manufacturer or producer of such article. He shall certify such assessment to the collector, who shall immediately demand payment of such tax, and up- on the neglect or refusal of payment by such manu- facturer Or producer, shall proceed to collect the same in the manner provided for the collection of other assessed taxes. (Aug. 27, 1894, c. 349, § 47, 28 Stat. 562.) . - • • * § 6348a. Laws made part of act; records, statements, and returns; regulations—All admin- istrative, Special, or stamp provisions of law, includ- & 6348b INTERNAL REVENUE (Tit. 35 IPage 10341 . ing the law relating to the assessment of taxes, so far as applicable, are hereby extended to and made a part Of this Act, and every person, corporation, part- nership, or association liable to any tax imposed by this Act, or for the collection thereof, shall keep Such records and render, under oath, such statements and returns, and shall comply with such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may from time to time prescribe. (Oct. 3, 1917, c. 63, § 1001, 40 Stat. 325.) - § 6348b. Payment of taxes by vendee or les- see; dealer defined—(a) If any person, corporation, partnership, or association has prior to May ninth, nineteen hundred and seventeen, made a bona fide COntract With a dealer for the sale, after the tax takes effect, of any article (or, in the case of moving picture films, such a contract with a dealer, exchange, Or exhibitor, for the sale or lease thereof) upon which a tax is imposed under Title III, IV, or VI, or under Subdivision thirteen of Schedule A of Title VIII, or under this section, and (b) if such contract does not permit the adding of the whole of such tax to the amount to be paid under such contract, then the Vendee or lessee shall, in lieu of the vendor or les- SOr, pay SO much of such tax as is not so permitted to be added to the contract price. The taxes payable by the vendee or lessee under this section shall be paid to the vendor or lessor at the time the sale or lease is consummated, and Collected, returned, and paid to the United States by Such Vendor or lessor in the same manner as pro- vided in section five hundred and three. The term “dealer” as used in this Section includes a vendee who purchases any article with intent to use it in the manufacture or production of another article intended for sale. (Oct. 3, 1917, c. 63, § 1007, 40 Stat. 326.) § 6349. Regulations; mode of assessing or collecting any tax not provided for—Whenever the mode or time of assessing or collecting any tax which is imposed is not provided for, the Commissioner of Internal Revenue may establish the same by regula- tion. He may also make all such regulations, not otherwise provided for, as may have become neces- sary by reason of any alteration of law in relation to internal revenue. (R. S. § 3447.) § 6349a. Same—In all cases where the method of collecting the tax imposed by this Act is not specif- ically provided, the tax shall be collected in such manner as the Commissioner Of Internal ReVenue with the approval of the Secretary of the Treasury may prescribe. All administrative and penalty pro- visions of Title VIII of this Act, in so far as ap- plicable, shall apply to the collection of any tax which the Commissioner of Internal Revenue determines or prescribes shall be paid by stamp. (Oct. 3, 1917, c. 63, § 1003, 40 Stat. 325.) § 6349b. Same; enforcement of act—The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is hereby authoriz- ed to make all needful rules and regulations for the . enforcement of the provisions of this Act. (Oct. 3, 1917, c. 63, § 1005, 40 Stat. 326.) / § 6350. Internal-revenue laws co-extensive with jurisdiction of United States—The internal- revenue laws imposing taxes on distilled spirits, fer- mented liquors, tobacco, snuff, and cigars shall be held to extend to such articles produced anywhere within the exterior boundaries of the United States, whether the same be within a collection-district or not. (R. S. § 3448.) . - § 6351. Removing liquors or wines under oth- er than trade-names–Whenever any perSon Ships, transports, or removes any spirituous or fermented liquors or wines, under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the casks or packages containing the Salme, or causes such act to be done, he shall forfeit said liquors or wines, and casks or packages, and be subject to pay a fine of five hundred dollars. (R. S. § 3449.) -. § 6352. Removing or concealing articles with intent to defraud United States—Whenever any goods or commodities for or in respect whereof any tax is or shall be imposed, or any materials, utensils, or vessels proper or intended to be made use of for or in the making of such goods or commodities are removed, or are deposited or concealed in any place, with intent to defraud the United States of Such tax, or any part thereof, all such goods and commodities, and all such materials, utensils, and vessels, respec- tively, shall be forfeited ; and in every such case all the casks, vessels, cases, or other packages Whatso- ever, containing, or which shall have contained, Such goods or commodities, respectively, and every vessel, boat, cart, carriage, or other conveyance whatso- ever, and all horses or other animals, and all things used in the removal or for the deposit or Concealment thereof, respectively, shall be forfeited. And every person who removes, deposits, or conceals, or is con- Černed in removing, depositing, or concealing any goods or commodities for or in respect whereof any tax is or shall be imposed, with intent to defraud the United States of such tax or any part thereof, shall be liable to a fine or penalty of not more than five hundred dollars. And all boilers, stills, or other ves- sels, tools and implements, used in distilling or recti- fying, and forfeited under any of the provisions of this Title, and all condemned material, together with any engine or other machinery connected therewith, and all empty barrels, and all grain or other material suitable for distillation, shall, under the direction of the Court in which the forfeiture is recovered, be sold at public auction, and the proceeds thereof, after deducting the expenses of sale, shall be disposed of according to law. And all spirits or spirituous liq- uors which may be forfeited under the provisions of this Title, unless herein otherwise provided, shall be disposed of by the Commissioner of Internal Revenue as the Secretary of the Treasury may direct. (R. S. § 3450.) - § 6353. Fraudulently executing required doc- uments—Every person who simulates or falsely Or fraudulently executes or signs any bond, permit, en- try, or other document required by the provisions of the internal-revenue laws, or by any regulation made in pursuance thereof, or who procures the same to be falsely or fraudulently executed, or who advises, aids in, or connives at such execution thereof, shall be imprisoned for a term not less than one year nor more than five years; and the property to which such false or fraudulent instrument relates shall be for- feited. (R. S. § 3451.) § 6354. Possession of property with intent to sell in fraud of law, or to evade taxes—Flvery per- Son who shall have in his custody or possession any goods, wares, merchandise, articles, or objects on which taxes are imposed by law, for the purpose of selling the same in fraud of the internal-revenue laws, or with design to avoid payment of the taxes imposed thereon, shall be liable to a penalty of five hundred dollars or not less than double the amount of taxes fraudulently attempted to be evaded. . (R. S. § 3452.) § 6355. Same; seizure—All goods, wares, mer- chandise, articles, or objects, on which taxes are im- posed, which shall be found in the possession, or cus- tody, or within the control of any person, for the pur- pose of being sold or removed by him in fraud of the internal-revenue laws, or with design to avoid pay- ment of said taxes, may be seized by the collector or deputy collector of the proper district, or by such other collector or deputy collector as may be Special- ly authorized by the Commissioner of Internal Reve- nue for that purpose, and shall be forfeited to the Tjnited States. And all raw materials found in the possession of any person intending to manufacture the same into articles of a kind subject to tax for the purpose of fraudulently Selling Such manufactured Ch. 11) 3 6362 INTERNAL REVENUE [Page 1035] articles, or with design to evade the payment of said tax; and all tools, implements, instruments, and per- sonal property whatsoever, in the place or building, or within any yard or inclosure where such articles or raw materials are found, may also be seized by any collector or deputy collector, as aforesaid, and shall be forfeited as aforesaid. The proceedings to enforce such forfeitures shall be in the nature of a proceeding in rem in the circuit Court or district Court of the United States for the district where Such seizure is made. (R. S. § 3453.) - § 6356. Sales to evade tax; forfeiture—When- ever any person who is liable to pay any tax upon any goods, Wares, or merchandise, sells or Causes or al- lows the same to be sold before the tax is paid to which said property is liable, with intent to avoid | Such tax, Or in fraud Of the internal-revenue laws, any debt contracted in such sale, and any security given therefor, unless the same shall have been bona fide transferred to an innocent holder, shall be void, and the Collection thereof shall not be enforced in any Court. And if such goods, wares, or merchandise have been paid for, in whole or in part, the sum so paid shall be deemed forfeitéd, and any person who shall sue for the same in an action of debt shall re- COver from the seller the amount so paid, one half to his own use and the other half to the use of the TJnited States. (R. S. § 3454.) § 6357. Disposing of or receiving empty stamped packages—Whenever any person sells, gives, purchases, or receives any box, barrel, bag, ves- Sel, package, wrapper, cover, or envelope of any kind, Stamped, branded, or marked in any way so as to ShoW that the Contents Or intended contents thereof have been duly inspected, or that the tax thereon has been paid, or that any provision of the internal-rev- enue laws has been complied with, whether Such Stamping, branding, or marking may have been a duly authorized act or may be false and counterfeit, or otherwise without authority of law, said box, bar- rel, bag, vessel, package, Wrapper, cover, or envelope being empty, or containing anything else than the con- tents which were therein when said articles had been SO lawfully stamped, branded, or marked by an offi- Cer of the revenue, he shall be liable to a penalty of not less than fifty nor more than five hundred dollars. And every person who makes, manufactures, or pro- duces any box, barrel, bag, vessel, package, wrapper, COVer, or envelope, stamped, branded, or marked, as above described, or stamps, brands, or marks the Same, as hereinbefore recited, shall be liable to pen- alty as before provided in this section. perSOn Who violates the foregoing provisions Of this Section, with intent to defraud the revenue, or to de- fraud any person, shall be liable to a fine of not less than One thousand nor more than five thousand dol- lars, Or to imprisonment for not less than six months nor more than five years, or to both, at the discretion Of the Court. And all articles sold, given, purchased, received, made, manufactured, produced, branded, Stamped, or marked in violation of the provisions of this Section, and all their contents, shall be forfeited to the United States. (R. S. § 3455.) § 6358. Penalty and forfeiture by distillers, rectifiers, wholesale liquor-dealers, and manu- facturers of tobacco or cigars—If any distiller, rec- tifier, wholesale liquor-dealer, or manufacturer of tobacco or cigars, shall knowingly or willfully omit, neglect, or refuse to do or cause to be done any of the things required by law in the carrying on Or conduct- ing of his business, or shall do anything by this Title prohibited, if there be no specific penalty or punish- ment imposed by any other Section of this Title for the neglecting, omitting or refusing to do, or for the doing Or Causing to be done the thing required or pro- hibited, he shall pay a penalty of one thousand dol- lars; and if the person so offending be a distiller, rectifier, or wholesale liquor dealer, all distilled spir- its or liquors owned by him or in which he has any interest as owner, and if he be a manufacturer of And every tobacco or cigars, all tobacco or cigars found in his manufactory shall be forfeited to the United States. (R. S. § 3456, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) - § 6359. Package included in forfeiture of goods—In every Case where any goods Or Commodi- ties are forfeited under any internal-revenue law, all casks, vessels, cases, or other packages whatsoever, containing, or which shall have contained such goods or commodities, respectively, shall be forfeited. (R. S. § 3457.) - § 6360. Seizure of goods; delivery to marshal —Any goods, Wares, merchandise, articles, or Objects which may be seized, under the provisions of section thirty-four hundred and fifty-three, by any Collector Or deputy collector. may, at the Option of the CollectOr, be delivered to the marshal of the district, and re- Imain in the care and custody and under the COntrol of said marshal, until he shall obtain possession by process of law. And the cost of seizure made before process issues shall be taxable by the Court. And where any whisky or tobacco, or other article of man- ufacture or produce, requiring brands, Stamps Or marks of whatever kind to be placed thereon, shall be sold upon distraint, forfeiture, Or Other process provided by law, the same not having been branded, stamped, or marked, as required by law, the officers selling the same shall, upon sale thereof, fix Or Cause to be affixed the brands, stamps, or marks, SO required, and deduct the expense thereof from the proceeds of such sale. (R. S. § 3458.) - § 6361. Same; bailing; sale for want of bail —When any property which is seized under the fore- going provisions of section thirty-four hundred and fifty-three is liable to perish or become greatly re- duced in price or value by keeping, or when it cannot be kept without great expense, the owner thereof, Or the marshal of the district, may apply to the collec- tor of the district to examine it; and if, in the Opinion of the said collector, it shall be necessary that the said property should be sold to prevent such waste Or expense, he shall appraise the same ; and there- upon the owner shall have said property returned to him upon giving bond in such form as may be pre- scribed by the Commissioner of Internal Revenue, . and in an amount equal to the appraised value, with such sureties as the collector shall" deem good and sufficient, to abide the final order, decree, or judgment Of the Court having Cognizance of the Case, and to pay the amount Of Said appraised value to the col- lector, marshal, or otherwise, as he may be ordered and directed by the Court, which bond shall be filed by Said collector with the United States district at- torney for the district in which said proceedings in rem may be COmmenced : Provided, That in case Said bond shall have been executed and the property re- turned before seizure thereof by virtue of the pro- CeSS aforesaid, the marshal Shall give notice of pen- dency of proceedings in Court to the parties execut- ing said bond, by personal service or publication, and in such manner and form as the court may direct, and the court shall thereupon have jurisdiction of said matter and parties in the same manner as if such property had been seized by virtue of the pro- cess aforesaid. But if said Owner shall neglect or refuse to give said bond, the Collector shall issue to a deputy CollectOr Or to the marshal aforesaid an Or- der to sell the same; and the deputy Collector or mar- shal shall thereupon advertise and Sell the said prop- erty at public auction in the same manner as goods may be sold on final execution in said district; and the proceeds of the sale, after deducting the reasona- ble costs of the seizure and sale, shall be paid to the court aforesaid, to abide its final order, decree, or judgment. (R. S. § 3459.) § 6362. Same; proceedings in case of goods valued at $500 or less—In all cases of seizure of any goods, Wares, or merchandise, as being subject to forfeiture under any provision of the internal- 3 6362 (Tit. 35 INTERNAL REVENUE IPage 1036] revenue laws, which, in the opinion of the collector or deputy Collector making the seizure, are of the ap- praised value of five hundred dollars or less, the said Collector or deputy Collector shall, except in cases otherwise provided, proceed as follows: First. He shall cause a list containing a particular description of the goods, wares, or merchandise seiz- ed to be prepared in duplicate, and an appraisement thereof to be made by three sworn appraisers, to be Selected by him, who shall be respectable and dis- interested citizens of the United States residing with- in the collection-district wherein the seizure was made. Said list and appraisement shall be properly attested by the said collector or deputy Collector and the said appraisers, for which service each of the said appraisers shall be allowed the sum of one dollar and fifty cents a day, to be paid in the manner pro- Vided by law for other necessary charges of collectors. Second. If the said goods are found by the said appraisers to be of the value of five hundred dol- lars or less, the said collector or deputy collector shall publish a notice, for three weeks, in some newspaper Of the district. Where the seizure was made, describ- ing the articles, and stating the time, place, and cause of their seizure, and requiring any person claiming them to appear and make such claim within thirty days from the date of the first publication of such notice. Third. Any person claiming the goods, wares, or merchandise SO Seized, within the time Specified in the notice, may file with the said collector or deputy Collector a claim, stating his interest in the articles seized, and may execute a bond to the United States in the penal sum of two hundred and fifty dollars, with Sureties to be approved by the said collector or deputy collector, conditioned that, in case of condem- nation of the articles so seized, the obligors shall pay all the COsts and expenses of the proceedings to Ob- tain Such condemnation ; and upon the delivery of such bond to the collector or deputy collector, he shall transmit the same, with the duplicate list or description of the goods seized, to the United States district attorney for the district, and said attorney shall proceed thereon in the ordinary manner pre- scribed by law. - Fourth. If no claim is interposed and no bond is given within the time above specified, the collector Or deputy collector, as the case may be, shall give | ten days’ notice of the sale of the goods, wares, or merchandise by publication, and, at the time and place Specified in the notice, shall sell the articles so seized at public auction, and, after deducting the expense of appraisement and sale, he shall deposit the proceeds to the credit of the Secretary of the Treasury. (R. S. § 3460.) - . § 6363. Same; application for remission and return of proceeds of sale; distribution—Within One year after the sale of any goods, wares, or mer- Chandise, as provided in the preceding section, any person claiming to be interested in the property sold may apply to the Secretary of the Treasury for a remission of the forfeiture thereof, or of any part thereof, and a restoration of the proceeds of the sale; and the Said Secretary may grant the same upon Satisfactory proof, to be furnished in such manner as he shall prescribe: Provided, That it shall be satis- factorily shown that the applicant, at the time of the seizure and sale of the said property, and during the intervening time, was absent, Out of the United States, or in such circumstances as prevented him from knowing of the seizure, and that he did not know Of the same ; and also that the Said forfei- ture was incurred without willful negligence or any intention of fraud on the part of the owner of Said property. If no application for such restoration is made within one year, as hereinbefore prescribed, the Secretary of the Treasury shall, at the expiration of the Said time, cause the proceeds of the sale of the said property to be distributed according to law, as in 587.) - the case of goods, wares, or merchandise condemned and Sold pursuant to the decree of a competent court. (R. S. § 3461.) - § 6364. Search-warrants—The several judges of the Circuit and district courts of the United States, and Commissioners of the circuit courts, may, with- in their respective jurisdictions, issue a search-war. rant, authorizing any internal-revenue officer to search any premises within the same, if such officer makes Oath in Writing that he has reason to believe, and does believe, that a fraud upon the revenue has been Or is being Committed upon or by the use of the said premises. (R. S. § 3462.) - - § 6365. Detection and punishment of frauds —The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is au- thorized to pay such sums, not exceeding in the ag- gregate the sum appropriated therefor, as he may deem necessary for detecting and bringing to trial and punishment persons guilty of violating the in- ternal-revenue laws, or conniving at the same, in Cases where such expenses are not otherwise pro- vided for by law. (R. S. § 3463.) | - § 6366. Statement of expenditures for pun- ishment of violations of law—Punishment for vio- lations of internal-revenue laws: For detecting and bringing to trial and punishment persons guilty of Violating the internal-revenue laws, or conniving at the same, including payments for information and detection of such violations, * *; and the Com- missioner of Internal Revenue shall make a detailed Statement to Congress once in each year as to how he has expended this sum, and also a detailed state- ment of all miscellaneous expenditures in the Bu- reau of Internal-Revenue for which appropriation is made in this act. (March 3, 1893, c. 208, 27 Stat. § 6367. Purchasing for Government goods subject to tax—The privilege of purchasing supplies Of goods imported from foreign countries for the use Of the United States, duty free, which now does or hereafter shall exist by provision of law, shall be ex- tended, under such regulations as the Secretary of the Treasury may prescribe, to all articles of domes- tic production which are subject to tax by the provi- sions of this Title. (R. S. § 3464) § 6368. Construction of revenue acts—An act entitled “An act further to provide for the collec- tion of duties on imports,” passed March second, eighteen hundred and thirty-three, shall not be so construed as to apply to cases arising under an act entitled “An act to provide internal revenue to sup- port the Government, to pay interest on the public debt, and for other purposes,” passed June thirtieth, eighteen, hundred and sixty-four, or any act in addi- tion theretO Or in amendment thereof, nor to any case in which the validity or interpretation of said act or acts shall be in issue. (R. S. § 3465.) - § 6369. Lien for taxes on legacies—All taxes or duties imposed by Section twenty-nine of the Act of June thirteenth, eighteen hundred and ninety- eight, and amendments thereof, prior to the taking effect of this Act, shall be subject, as to lien, charge, collection, and otherwise, to the provisions of sec- tion thirty of said Act of June thirteenth, eighteen hundred and ninety-eight, and amendments thereof, which are hereby Continued in force, as follows: “Sec. 30. That the tax Or duty aforesaid shall be due and payable in One year after the death of the testator and shall be a lien and Charge upon the property Of every person who may die as aforesaid for twenty years, or until the same shall, within that period, be fully paid to and discharged by the United States; and every executor, administrator, or trus- tee having in . Charge Or trust any legacy or distribu- tive share, as aforesaid, shall give notice thereof, in writing, to the collector or deputy collector of the district where the deceased grantor or bargainer Ch. 11A) £3 6370, 6371 INTERNAT, REVENUE last resided within thirty days after he shall have taken charge of such trust, and every executor, ad- ministrator, or trustee, before payment and distribu- tion to the legatees, or any parties entitled to bene- ficial interest therein, shall pay to the Collector Or deputy collector of the district of which the deceased person was a resident, or in which the property was located in Case of nonresidents, the amount Of the duty or tax assessed upon such legacy or distributive Share, and shall also make and render to the said Collector or deputy Collector a schedule, list, Or state- ment, in duplicate, of the amount of such legacy or distributive share, together with the amount of duty which has accrued, or shall accrue, thereon, verified by his oath or affirmation, to be administered and Certified thereon by some magistrate or officer having lawful power to administer such Oaths, in Such form and manner as may be prescribed by the COmmission- er of Internal Revenue, which schedule, list, or state- ment shall contain the names of each and every per- son entitled to any beneficial interest therein, to- gether with the clear value of such interest, the du- plicate of which schedule, list, or statement shall be by him immediately delivered, and the tax thereon paid to such collector; and upon such payment and delivery of such schedule, list, or statement said col- lector or deputy collector shall grant to such person paying such duty or tax a receipt or receipts for the same in duplicate, which shall be prepared as here- inafter provided. Such receipt or receipts, duly signed and delivered by such collector or deputy collector, Shall be Sufficient evidence to entitle Such executor, administrator, Or trustee to be Credited and allowed such payment by every tribunal which, by the laws of any State or Territory, is, or may be, empowered to de- Cide upon and settle the accounts Of executors and administrators. And in case such executor, adminis- trator, or trustee shall refuse or neglect to pay the aforesaid duty or tax to the collector or deputy col- lector, as aforesaid, within the time hereinbefore pro- vided, or shall neglect or refuse to deliver to said col- lector or deputy collector the duplicate of the sched- ule, list, or statement of such legacies, property, Or personal estate, under Oath, as aforesaid, Or shall neglect or refuse to deliver the schedule, list, or state- ment of such legacies, property, Or personal estate, under oath, as aforesaid, or shall deliver to said Collector or deputy Collector a false schedule or state- ment of such legacies, property, or personal estate, or give the names and relationship of the persons entitled to beneficial interests therein untruly, or shall not truly and correctly set forth and state therein the clear value of such beneficial interest, or where no administration upon such property or personal es- tate shall have been granted Or allowed under exist- ing laws, the collector or deputy collector shall make Out Such lists and valuation as in Other Cases Of neg- lect or refusal, and shall assess the duty thereon; and the Collector Shall Commence appropriate proceed- ings before any court of the United States, in the name of the United States, against such person or persons as may have the actual or constructive cus- tody or possession of such property Or, personal es- tate, or any part thereof, and shall subject such prop- erty or personal estate, Or any portion of the same, to be sold upon the judgment Or decree Of Such Court, and from the proceeds of such sale the amount of such tax or duty, together with all costs and expens- es of every description to be allowed by such court, shall be first paid, and the balance, if any, deposited according to the order of such court, to be paid un- der its direction to such perSOn Or perSons as shall establish title to the same. The deed Or deeds, Or any proper conveyance of such property or personal estate, or any portion, thereof, so sold under Such judgment or decree, executed by the Officer lawfully charged with carrying the same into effect, shall vest in the purchaser thereof all the title of the delinquent IPage 10371 to the property or personal estate sold under and by virtue of such judgment or decree, and shall release Act. his possession, charge, or custody any record, file, Or paper containing, or supposed to contain, any infor- every other portion of Such property or personal es- tate from the lien or charge thereon created by this And every person or persons who shall have in mation concerning such property or personal estate, aS aforesaid, passing from any person who may die, aS aforesaid, shall exhibit the same at the request Of the collector or deputy collector of the district, and to any law officer of the United States, in the per- formance of his duty under this Act, his deputy or agent, Who may desire to examine the same. And if any such person, having in his possession, charge, or custody any such records, files, or papers, shall re- fuse or neglect to exhibit the same on request, as aforesaid, he shall forfeit and pay the sum of five hundred dollars: Provided, That in all legal contro- Versies Where such deed or title shall be the subject Of judicial investigation, the recital, in said deed shall be prima facie evidence of its truth, and that the requirements of the law had been complied with by the Officers Of the Government: And provided fur- ther, That in Case of willful neglect, refusal, or false Statement by Such executor, administrator, or trus- tee, as aforesaid, he shall be liable to a penalty of not exceeding One thousand dollars, to be recovered With Costs of Suit. Any tax paid under the provisions Of Sections twenty-nine and thirty shall be deducted from the particular legacy or distributive share on account of which the same is charged.” (April 12, 1907, c. 500, § 8, 32 Stat. 97.) Act June 13, 1898, c. 448, § 29, 30 Stat. 464, was repealed by Act April 12, 1902, c. 500, § 7, 32 Stat. 97; and Š 30, as amended, Was continued in force by this section. - §§ 6370, 6371. [Obsolete.] Section 6370 (Act July 27, 1912, c. 256, § 1, 37 Stat. 240), provided for the refunding of any internal tax illegally assessed, and collected under Act June 13, 1898, c. 448, § 29, which act was repealed by Act April 12, 1902, c. 500, § 7, 32 Stat. 97. It further provided that claims for re- fundment should be presented on or before . Jan. 1, 1914. Act Sept. 8, 1916, c. 463, §§ 200–212 (§§ 6336%a-6336%m), im– poses a new tax designated as an estate tax. . . . Section 6371. (Act July 27, 1912, c. 256, § 2, 37 Stat. 240), directed the Secretary of the Treasury to pay claims pre- Sented under Section 1 out of any moneys not otherwise appropriated on establishment of the claims. See preced- ing paragraph of note. Chapter Eleven A–Increase of Internal Sec. Revenue 6371a. Effect of partial invalidity of act. 6371b. Time when act takes effect. - Act Sept. 8, 1916, c. 463, entitled “An act to increase the revenue, and for other purposes,” is divided into nine ti- tles. The Subject-matter of these titles has been distrib- uted to appropriate places in the statutes, as follows: TITLE I–INCOME TAX Of this title, §§ 1-15, 17–25, are found in §§ 6336a-6336x ; § 14(d) is found in § 5948; and § 16 is found in §§ 5887, 5895, 5896, 5899. TITLE II—ESTATE TAx This title, consisting of §§ 200–212, is found in §§ 6336%a- 6336%m. - TITLE III–MUNITION MANUFAC- TURER'S TAX This title, . consisting of §§ 300–312, is found in §§ 6336%a- 6336%m. - TITLE IV—MISCELLANEOUS TAXES Of this title, § 400 is § 6144a ; section. 401 is § 61.10a ; sec- tion 402 is found in §§ 6002, 6110b, 6111, 6112, 6114-61.14e ; Section 403 is § 6127a. ; section 404 is § 5990 ; section 405 is § 6070a ; section 406 is § 6161 ; sections 407-410, 412 are $$ 5980a–5980m ; section 411 is § 6346a.; and section 413 is § " TITLE v. DYESTUFFs Of this title sections 500–502 are $$ 5291a–52910. & 6371a INTERNAL REVENUE . (Tit. 35 & [Page 1038] . TITLE VI—PRINTING PAPER This title consists of an amendment of paragraph 322 of the Tariff Act, and has been inserted under section 5291. TITLE VII—TARIFF COMMISSION s .* subject-matter of this title is found in §§ 5326a- 5326i. . . . . . . - TITLE VIII—UNFAIR COMPETITION The subject-matter of this title is found in §§ 8836!- 836r. TITLE IX § 6371a. Effect of partial invalidity of act- If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any Court of competent jurisdiction to be invalid, such judg- ment shall not affect, impair, or invalidate the remain- der of Said Act, but shall be confined in its opera- tion to the clause, sentence, paragraph, or part there- of directly involved in the controversy in which such judgment shall have been rendered. (Sept. 8, 1916, c. 463, § 900, 39 Stat. 800.) § 6371b. Time when act takes effect—Unless otherwise herein specially provided, this Act shall take effect on the day following its passage, and all provisions of any Act or Acts inconsistent with the provisions of this Act are hereby repealed. (Sept. 8, 1916, c. 463, § 902, 39 Stat. 801.) - Chapter Eleven B–War Revenue Sec. - 6371%a. Effect of partial invalidity of act. 637.1%b. Time of taking effect of act. Act Oct. 3, 1917, c. 63, entitled “An act to provide rev- enue to defray war expenses, and for other purposes,” Was divided into thirteen titles. The Subject-matter of these titles has been distributed to appropriate places in the statutes, as follows: - TITLE I—WAR INCOME TAX Of this title, §§ 1–5 are $$ 6336aa, 6336aaa, 6336iii, 6336.jj, and 6336vv. TITLE II—waR Excess PROFITS TAx Of this title, §§ 200-213 are $$ 6336% a-6336% n, and § 214 is found in §§ 6336%bb, 63.36% o. TITLE III—WAR TAX ON BEVERAGES Of this title, § 300 is $ 5986a, § 301 is § 8739b, $ 302 is found in §§ 6024a, 6026a, 6028a, 60.28b, $$ 303-305 are found in §§ 5986b–5986d, § 306 is § 6017a, § 307 is § 6144b, § 308 is § 6151a, §§ 309-311 are $$ 6110C-6110e, § 312 is § 61.11a, and §§ 313–315 are $$ 6161%a-6161%.c. TITLE IV—wARTAX ON CIGARS, TOBACCO, AND MANUFAC- TURES THEREOF Of this title, § 400 is found in §§ 6202a, 6204a, § 401 is found in §§ 6169a, 6174a, § 402 is $ 6174c, $ 403 is § 6174b, and $ 404 is $ 6204b. . TITLE V–WAR TAx ON FACILITIES FURNISHED BY PUBLIC UTIL- ITIES AND INSURANCE Of this title, §§ 500-503 are $$ 6309%a-6309%d, and §§ 504, 505 are $$ 6309%a, 6309%b. - TITLE VI—WAR EXCISE TAXES Of this title, consisting of §§ 600-603, is found in §§ 630.9% a-6309% d. g TITLE VII—WAR TAX ON ADMISSION AND DUES - This title, consisting of §§ 700–702, is found in §§ 6309%a- 6309% c. - TITLE VIII—WAR STAMP TAXES gº." title, consisting of §§ 800-807, is found in §§ 63.18a- TITLE IX—WAR ESTATE TAX This title, consisting of $$ 900, 901, is found in §§ 6336%bbb, 6336%bbbb. - TITLE X—ADMINISTRATIVE PRO- - CEEDINGS - . Of this title, § 1000 is § 6340a, § 1001 is § 6348a, , § 1002 is § 5896a, § 1003 is $ 6349a, § 1004 is $ 5896b, $ 1005, is § 6349b, '$ 1006 is § 6346b, $ 1007 is § 6348b, § 1008 is § 6346c, § 1009 is § 633600, and § 1010 is § 633694. TITLE XI-POSTAL, RATES Of this title, § 1100 is §§ 7354a, 7385a, § 1101 is $ 7358a, § 1102 is $ 7360a, §§ 1103-1105 are $$ 7358b-73586, § 1106 is $ 7361a, § 1107 is $ 7354b, § 1108 is $ 7226a, § 1109 is $ 7231aa, and § 1110 is § 10387e. TITLE XII—INCOME TAX AMEND- MENTS Of this title, § 1200 is found in §§ 6336b, 6336d, §§ 1201-1206 are $$ 6336e-6336i, 6336j, , §§ 1207, 1208 are $$ 6336l, 6336m.5 1209 is § 6336q, §§ 1210, 1211 are $$ 6336xx-6336ZZ, and § 1212 is § 6336ii. TITLE XIII–GENERAL PROVISIONS § 6371/3a. Effect of partial invalidity of Act —If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judg- ment shall not affect, impair, or invalidate the re- mainder of said Act, but shall be confined in its Opera- tion to the clause, sentence, paragraph, or part there- of directly involved in the controversy in which Such judgment shall have been rendered. (Oct. 3, 1917, c. 63, § 1300, 40 Stat. 338.) * § 6371/3b. Time of taking effect of act—Un- less otherwise herein specially provided, this Act shall take effect on the day following its passage. (Oct. 3, 1917, c. 63, § 1302, 40 Stat. 338.) TITLE XXXVI—DEBTS DUE BY OR TO THE UNITED STATES Sec. 6372. Priority established. 6373. Liability of fiduciaries. 6374. Priority of sureties. 6375. Compromise. 6376. Purchase on execution. 6377. Discharge of poor debtor; by Secretary of the Treasury. 6378. Same; by President. 6379. Duties and other debts to the United States, in What currency to be paid. . - 6380. Same; what coin receivable. - 6381. Pº of United States; national bank notes receivable OI’. 6382. Same; treasury notes payable for. 6383. Assignments of claims void. 6384. Same; restriction not to apply to payments for rents of post offices to agents of lessors. 6385. Oath by persons prosecuting claims. 6386. Same; who may administer. S 6387. Claims of disloyalists. Same; services in Army prior to April 13, 1861. 6388. Same; proof of loyalty dispensed with in application for bounty lands. 6389. Retention of money due States in default. 6390. Payment to officers for horses lost. sº. loss of horses purchased in States in insurrec- IOI 1. 6392. Same; limitation of time for presenting claims. 6393. Same; extension of time for filing claims. 6394, Same; claims not filed within time limited barred. 6395. Same; suspension of limitation of time for filing claims. Payment for property lost while in military service. 6397. Payment for horses lost by capture. 6398. Payment for condemned horses and equipage. 6399. Payment to guardian for horse lost by minor in mili- tary service. 6400. Payment to owner for horse furnished and lost in mili- tary service. . 6401. Auditor taking testimony as to loss. 6402. Claims to be presented prior to June 30, 1874. 6403. Settlement of claims; for loss of property in military service. 6403a. Same; for loss of or damage to baggage. - - 6403b. Same; claims of officers and enlisted men and mem- bers of Nurse Corps. 6404. [Repealed.] 6404a. Same. 6405. Judgments of Court of Claims; payment. 6406. Same; certified by Secretary of the Treasury; interest. 6407. Off-sets against judgments and claims against United States. ; . 6408. Payment of judgments against United States made on settlements by auditors. - 6409. Private claims pending before Congress; taking of tes- - timony. 6410. Same; subpoena for taking testimony; compensation of officers and witnesses; return of depositions. 6411. Liability of persons making false claims. 6412. Suits for same. . .” 6413. Duty of district attorney as to such cases. 6414. Rights of persons presenting such suits. 6415. Limitation of suit. § 6372. Priority established—Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insuffi- Cient to pay all the debts due from the deceased, the debts due to the United States shall be first Satisfied; and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary as- signment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed. (R. S. § 3466.) § 6373. Liability of fiduciaries—Every execu- tor, administrator, or assignee, or other person, who pays any debt due by the person or estate from whom or for which he acts, before he satisfies and pays the debts due to the United States from such person or estate, shall become answerable in his own person and estate for the debts so due to the United States, Or for So much thereof as may remain due and un- paid. (R. S. § 3467.) - § 6374. Priority of sureties—Whenever the principal in any bond given to the United States is inSOlvent, or whenever, such principal being deceas- ed, his estate and effects which come to the hands Of his executor, administrator, or assignee, are in- Sufficient for the payment of his debts, and, in either Of Such cases, any surety on the bond, or the execu- tor, administrator, or assignee of such surety- pays to the United States the money due upon such bond, such surety, his executor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States; and may bring and maintain a Suit upon the bond, in law or equity, in his OWn name, for the recovery of all moneys paid thereon. (R. S. § 3468.) e § 6375. Compromise—Upon a report by a dis- trict attorney, or any special attorney or agent hav- ing charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim a C- cordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. (R. S. § 3469.) - - § 6376. Purchase on execution—At every Sale, on execution, at the suit of the United States, of lands or tenements of a debtor, the United States may, by such agent as the Solicitor of the Treasury shall appoint, become the purchaser thereof; but in no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such purchase is made, the marshal of the district in which the sale is held shall make all needful conveyances, assignments, or transfers to the United States. (R. S. § 3470.) § 6377. Discharge of poor debtor; by Secre- tary of the Treasury—Any person imprisoned upon execution issuing from any court of the United States, for a debt due to the United States, which he is unable to pay, may, at any time after Commit- ment, make application, in writing, to the Secretary of the Treasury, stating the circumstances of his case, and his inability to discharge the debt; and thereupon the Secretary may make, or require to be made, an examination and inquiry into the circum- stances of the debtor, by the oath of the debtor, which the Secretary, or any other person by him Specially appointed, is authorized to administer, or other- wise, as the Secretary shall deem necessary and ex- pedient, to ascertain the truth; and upon proof made to his Satisfaction, that the debtor is unable to pay the debt for which he is imprisoned, and that he has not concealed or made any conveyance of his estate, in trust, for himself, or with an intent to defraud the United States, or to deprive them of their legal priority, the Secretary is authorized to receive from such debtor any deed, assignment Or conveyance of his real or personal estate, or any collateral security, to the use of the United States. Upon a compliance by the debtor with such terms and conditions as the Secretary may judge reason- able and proper, the Secretary must issue his order, under his hand, to the keeper of the prison, directing him to discharge the debtor from his imprisonment under such execution. The debtor shall not be liable to be imprisoned again for the debt; but the judg- ment shall remain in force, and may be satisfied out of any estate which may then, or at any time after- ward, belong to the debtor. The benefit of this sec- tion shall not be extended to any person imprisoned for any fine, forfeiture, or penalty, incurred by a breach of any law of the United States, or for moneys had and received by any officer, agent, or other per- son, for their use; nor shall its provisions extend to [Page 1039] # 6377 (Tit.86 DEBTs DUE By or To THE UNITED STATES - , [Page 1640I any claim arising under the postal laws. (R. S. § 3471.) See § 602. § 6378. Same; , by President—whenever any person is imprisoned upon execution for a debt due to the United States, which he is unable to pay, and his case is such as does not authorize his discharge by the Secretary of the Treasury, under the preced- ing section, he may make application to the President, who, upon proof made to his satisfaction that the debtor is unable to pay the debt, and upon a COm- pliance by the debtor with such terms and conditions as the President shall deem proper, may order the discharge of such debtor from his imprisonment. The debtor shall not be liable to be imprisoned again for the same debt; , but the judgment shall remain in force, and may be satisfied out of any estate which may then, or at any time afterward, belong to the debtor. (R. S. § 3472.) . -' - § 6379. Duties and other debts to the United States, in what currency to be paid–All duties on imports shall be paid in gold and silver coin only, coin certificates or in demand Treasury notes, is- sued under the authority of the acts of July seven- teen, eighteen hundred and sixty-one, chapter five; and February twelve, eighteen hundred and sixty- tWO, Chapter twenty; and all taxes and all other debts and demands than duties on imports, accruing or becoming due to the United States, shall be paid in gold and silver coin, Treasury notes, United States notes, or notes of national banks. (R. S. § 3473, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) § 6380. Same; what coin receivable—No gold or silver other than coin of standard fineness of the United States, shall be receivable in payment of dues to the United States, except as provided in section twenty-three hundred and sixty-six, Title “Public Lands,” and in section thirty-five hundred and sixty- seven, Title “Coinage, Weights, and Measures.” (R. S. § 3474.) v.” R. S. § 2366, see § 4775; R. S. § 3567, see § 6539. § 6381. Debts of United States; national bank notes receivable for—The notes of national banks Shall be received at par for all debts and demands Owing by the United States to any person within the United States, except interest on the public debt, or Un redemption of the national currency. (R. S. § 3475.) - - - § 6382. Same; treasury notes payable for— Treasury notes bearing interest may be paid to any creditor of the United States at their face value, ex- cluding interest, or to any creditor willing to receive them at par, including interest. (R. S. § 3476.) § 6383. Assignments of claims void—All trans- fers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance Of Such a claim, the ascertainment Of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for pay- ment, and must be acknowledged by the person mak- ing them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer; and it must appear by the certificate that the Officer; at the time Of the acknowledgment, read and fully explained the transfer, assignment, or war- rant of attorney to the person acknowledging the same. (R. S. § 3477.) - - § 6384. Same; restriction not to apply to pay- ments for rents of post offices to agents of les- sors—Hereafter the provisions of section thirty-four hundred and seventy-seven of the Revised Statutes bonds. shall not apply to payments for rent of post-Office Quarters made by postmasters to duly authorized agents of the lessors. (May 27, 1908, c. 206, 35 Stat. 411.) - See § 6383. - § 6385. Oath by persons prosecuting claims— Any person prosecuting claims, either as attorney or , On his own account, before any of the Departments Or Bureaus of the United States, shall be required to take the oath of allegiance, and to support the Con- Stitution of the United States, as required of persons in the civil service. (R. S. § 3478.) ºr § 6386. Same; who may administer—The Oath provided for in the preceding section may be taken before any justice of the peace, notary public, or oth- er person who is legally authorized to administer an Oath in the State or district where the same may be administered. (R. S. § 3479.) § 6387. Claims of disloyalists—It shall be un- lawful for any officer to pay any account, claim, or demand against the United States which accrued or existed prior to the thirteenth day of April, eighteen hundred and sixty-one, in favor of any person who promoted, encouraged, or in any manner Sustained the late rebellion, or in favor of any person who dur- ing Such rebellion was not known to be opposed thereto, and distinctly in favor of its suppression ; and no pardon heretofore granted, or hereafter to be granted, shall authorize the payment of such ac- COunt, Claim, Or demand, until this section is modi- fied or repealed. But this section shall not be con- strued to prohibit the payment of claims founded upon Contracts made by any of the Departments, Where such claims were assigned Or Contracted to be aSSigned prior to the first day Of April, eighteen hundred and sixty-One, to the Creditors of such contractors, loyal citizens of loyal States, in payment Of debts incurred prior to the first day Of March, eighteen hundred and sixty-one. (R. S. § 3480.) § 6387a. Saine; services in Army prior to April 13, 1861—That section thirty-four hundred and eighty Of the Revised Statutes Of the United States be, and the same is hereby, repealed so far as it affects payments for services in the Army of the United States prior to April thirteenth, eighteen hun- dred and sixty-One. (July 6, 1914, c. 136, 38 Stat. 454.) R. S. § 3480, is § 6387. - - § 6388. Same; proof of loyalty dispensed with in application for bounty lands—Section thirty- four hundred and eighty of the Revised Statutes of the United States be, and the same is hereby, so far, and no further, modified and repealed as to dispense with proof of loyalty during the late war of the re- bellion as a prerequisite in any application for boun- ty land where the proof otherwise shows that the applicant is entitled thereto. (March 11, 1898, c. 57, 30 Stat. 274.) See § 6387. - - § 6389. Retention of money due States in de- fault—Whenever any State is in default in the pay- ment of interest or principal on investments in stocks or bonds issued or guaranteed by such State and held by the United States in trust, the Secretary of the Treasury shall retain the whole, or so much thereof as may be necessary, of any moneys due On any ac- count from the United States to such State, and ap- ply the same to the payment Of Such principal and interest, or either, or to the re-imbursement, with interest thereon, of moneys advanced by the United States on account of interest due on such stocks or (R. S. § 3481.) - § 6390. Payment to officers for horses lost— Any field, or staff, or other officer, mounted militia- man, volunteer, ranger, or Cavalryman, engaged in the military service of the United States, who sus- tains damage without any fault or negligence on his part, while in the service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, Tit. 36). ź 6400 DEBTS DUE BY OR TO THE UNITED STATES which dies of the wound, or which, being so wound- ed, is abandoned by order of his officer and lost, or who sustains damage by the loss of any horse by . death Or abandonment because Of the unavoidable dangers Of the Sea, when On board a United States transport vessel, or because the United States fails to supply transportation for the horse, and the own- er is compelled by the Order Of his Commanding Offi- Cer to embark and leave him, or in Consequence of the United States failing to supply sufficient forage, or because the rider is dismounted and separated from his horse and ordered to do duty on foot at a station detached from his horse, or when the offi- cer in the immediate command orders the horse turn- ed Out to graze in the woods, prairies, or commons, because the United States fails to supply sufficient forage, and the loss is Consequent thereon, or for the loSS Of necessary equipage, in consequence of the loss of his horse, shall be allowed and paid the value thereof, not to exceed two hundred dollars. But any payment which is made to any one for the use and risk, or for forage, after the death, loss, or abandon- ment of his horse, shall be deducted from the value thereof, unless he satisfies the paymaster at the time. he makes the payment, or thereafter shows, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot. And any payment made to any person above mentioned, on account of clothing to which he is not entitled by law, shall be deducted from the value of his horse or accouterments. (R. S. § 3482.) - - - § 6391. Same; loss of horses purchased in States in insurrection—The first section of the act of March third, eighteen hundred and forty-nine, pro- viding for the payment for horses and equipments lost by Officers or enlisted men in the military Serv- ice, shall not be construed to deny payment to such Officers Or enlisted men, for horses which may have been purchased by them in States in insurrection; and payment in any case shall not be refused where the loss resulted from any exigency or necessity of the military Service, unless it was caused by the fault or negligence of such officers or enlisted men. (June 22, 1874, c. 395, § 1, 18 Stat. 193.) § 6392. Same; limitation of time for present- ing claims—No claims under said section or this amendment thereto shall be considered unless present- ed prior to the first day of January eighteen hundred #, Seventy-six. (June 22, 1874, c. 395, § 2, 18 Stat. § 6393. Same; extension of time for filing claims—The time for filing claims for horses and equipments lost by officers and enlisted men in the military service of the United States, which expired by limitation on the thirty-first day of December, eighteen hundred and Seventy-five, be, and the same is hereby, extended to one year from and after the passage of this act; and that all such claims filed in the proper department before the passage of this act Shall be deemed to have been filed in due time, and Shall be COnSidered and decided Without refiling. (Jan. 9, 1883, c. 15, § 1, 22 Stat. 401.) - See § 6392. - - § 6394. Same; claims not filed within time limited, barred—All claims arising under the act ap- proved March third, eighteen hundred and forty- nine, entitled “An act to provide for the payment of horses and Other property lost Or destroyed in the military Service Of the United States,” and all acts amendatory thereof, which shall not be filed in the proper department within One year from and after the passage of this act, shall be forever barred, and Shall not be received, Considered, or audited by any department of the government. (Jan. 9, 1883, c. 15, § 2, 22 Stat. 401.) - - - § 6395. Same; suspension of limitation of time for filing claims—The limitation heretofore im- posed by law. On the presentation by Officers or soldiers COMP. ST.’18—66 [Page 1041] Of claims for the loss of horses and equipments in the military services, during the late war is hereby Suspended for the period of three years. (Aug. 13, 1888, c. 868, § 2, 25 Stat. 437.) § 6396. Payment for property lost while in military service—Every person who sustains damage by the capture or destruction by an enemy, or by the abandonment or destruction by the Order of the Com- manding general, the Commanding officer, Or Quarter- master, of any horse, mule, OX, Wagon, Cart, sleigh, harness, steamboat or other vessel, railroad-engine or railroad-Car, while such property is in the military service, either by impressment or contract; or Who Sustains damage by the death Or abandonment and loss of any horse, mule, or Ox, While in the Service, in Consequence Of the failure On the part Of the Unit- ed States to furnish the same with sufficient forage, or whose horse, mule, OX, Wagon, Cart, boat, Sleigh, harness, vessel, railroad-engine, or railroad-car is lost or destroyed by unavoidable accident while such property is in the service, shall be allowed and paid the value thereof at the time when such property was taken into the service, except in cases where the risk to which the property would be exposed Was agreed to be incurred by the owner: Provided, It ap- pears that such loss, Capture, abandonment, destruc- tion, or death was without any fault or negligence On the part of the owner of the property, and While the property was actually employed in the service of the |United States. (R. S. § 3483.) § 6397. Payment for horses lost by capture- The two preceding sections shall extend to all Cases of the loss of horses by any officer, non-commissioned officer, or private in the military service of the United States, while in the line of his duty in such service, by capture by the enemy, whenever it Shall appeal’ that such Officer, non-COmmissioned Officer, or private Was Ordered by his superior Officer to Surrender to the enemy, and Such Capture Was made in pursuance Of Such Surrender. (R. S. § 3484.) - • § 6398. Payment for condemned horses and equipage—Whenever any horse is condemned by a board of officers, on account of his unfitness for serv- ice, in consequence of the Government failing to supply forage, such horse and his equipage Shall be allowed and paid for: Provided, It shall be próven, by satis- factory evidence, whether oral or written, that the Condemned horse and the equipage Were turned Over to a quartermaster of the Army, whether any receipt therefor was given and produced, Or not. (R. S. § 3485.) - - § 6399. Payment to guardian for horse lost by minor in military service—When any minor en- gaged in the military service of the United States, and provided with a horse or equipments, or with military accouterments, by his parent or guardian, dies, without paying for the property, and the same is lost, captured, destroyed, or abandoned in the man- ner before mentioned, such parent Or guardian shall be allowed pay therefor, on making Satisfactory proof, as in other cases, and the further proof that he is en- titled thereto by having furnished the same. (R. S. § 3486.) § 6400. Payment to owner for horse furnish- ed and lost in military service–When any person other than a minor, engaged in the military Service, is provided with a horse or equipments, or with mili- tary accouterments, by any person, being the OWner thereof, who takes the risk of such horse, equipments, Or military acCOuterments, On himself, and the same is lost, captured, destroyed, or abandoned, in the man- ner before mentioned, such owner shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk On himself. (R. S. § 3487.) 3 6401 (Tit. 36 DEBTS DUE BY OR TO THE UNITED STATES [Page 1042] § 6401. Auditor taking testimony as to loss —In executing so much of the preceding Sections as provides for payment for Steamboats and Other ves- Sels, and railroad engines Or Cars, lost Or destroyed while in the military Service of the United States, the Third Auditor of the Treasury is authorized, in per- SOn, Or in Such manner as he may deem most COm- patible with the public interests, to take testimony, and make such investigations as he may deem neces- sary in adjudicating claims; and for such necessary expenses incurred therein, payment may be made upon proper vouchers, certified and approved by the Third Auditor. (R. S. § 3488.) See § 417. § 6402. Claims to be presented prior to June 30, 1874—No claims against the United States, for collecting, drilling, or organizing volunteers for the war of the rebellion, shall be audited Or paid unless presented before the thirtieth day of June, eighteen hundred and seventy-four. No claims for horses lost prior to the first day of January, eighteen hundred and seventy-two, shall be audited or paid unless pre- sented before the thirtieth day of June, eighteen hun- dred and seventy-four. (R. S. § 3489.) See §§ 6392-6395. § 6403. Settlement of claims; for loss of property in military service–That the proper a C- counting officers of the Treasury be, and they are hereby, authorized and directed to examine into, as- certain, and determine the value of the private prop- erty belonging to officers and enlisted men in the military service of the United States which has been, or may hereafter be, lost or destroyed in the military service, under the following circumstances: First. When such loss or destruction was Without fault or negligence on the part of the claimant. * Second. Where the private property. So lost Or de- stroyed was shipped on board an unseaWorthy Vessel by order of any officer authorized to give such Order or direct such shipment. Third. Where it appears that the loss or destruc- tion of the private property of the claimant was in consequence of his having given his attention to the saving of the property belonging to the United States which was in danger at the same time and under simi- lar circumstances. . And the amount Of Such loSS SO ascertained and de- termined shall be paid Out Of any money in the Treas- ury not otherwise appropriated, and shall be in full for all such loss Or damage: Provided, That any claim which shall be presented and acted on under authority of this act shall be held as finally determined, and shall never thereafter be reopened or considered: And provided further, . That this act shall not apply to losses Sustained in time of War Or hostilities with Indians: And provided further, That the liability of the Government under this act shall be limited to such articles of personal property as the Secretary of War, in his discretion shall decide to be reasonable, useful, necessary, and proper for such officer or soldier while in quarters, engaged in the public service in the line of duty: And provided further, That all claims now existing shall be presented within two years and not after from the passage of this act; and all Such claims hereafter arising be presented within two years from the occurrence of the loss or destruc- tion. (March 3, 1885, c. 335, 23 Stat. 350.) § 6403a. Same; for loss of or damage to bag- gage—The provisions of the Act of March third, eighteen hundred and eighty-five (Twenty-third Stat- utes, page three hundred and fifty), entitled “An Act to provide for the settlement of the claims of officers and enlisted men of the Army for loss of private property destroyed in the military service of the United States,” shall hereafter extend to cover loss of or damage to the regulation allowance of baggage of officers and enlisted men sustained in shipment un- der orders, to the extent Of Such loss or damage Over and above the amount recoverable from the Carrier furnishing the transportation. (March 4, 1915, c. 143, § 1, 38 Stat. 1077.) § 6403b. Same; claims of officers and enlist- ed men and members of Nurse Corps—Property belonging to officers, enlisted men, and members of the Nurse Corps (female) of the Army, which they are required by law or regulations to own and use in field service in the performance of their duties, which Since the fifth day of April, nineteen hundred and Seventeen, has been, or shall hereafter be, lost, dam- aged, or destroyed in the military service, shall be replaced, Or the damage thereto, Or its Value, recoup- ed to the Owner as hereinafter provided, when such loss, damage, or destruction has occurred Or shall hereafter OCCur. Without fault or negligence On the part of the Owner in any of the following circum- Stances: * * - First. When such private property so lost or de- stroyed was shipped. On board an unseaworthy Vessel by Order of an Officer authorized to give Such Order Or direct such shipment, or destroyed by the enemy Or by shipwreck. - Second. When it appears that such private property Was SO lost Or destroyed in Consequence of its owner having given his attention to the saving of property belonging to the United States which was in danger at the same time and in similar circumstances. t Third. When such private property is destroyed Or captured by the enemy, or is destroyed to prevent its falling into the hands Of the enemy, or is abandoned by reason of military emergency requiring its abandon- ment. - The Secretary of War is authorized and directed to examine into, ascertain, and determine the value of such property lost, destroyed, Captured, or abandon- ed as specified in the foregoing paragraphs, or the amount of the damage thereto, as the case may be ; and the amount of such value or damage so ascertain- ed and determined shall be paid from appropriations made therefor, or such property lost, destroyed, Cap- tured, or abandoned, or so damaged as to be unfit for service, may be replaced in kind from Government property on hand by the supply officer or quartermas- ter of the organization to which the person entitled thereto belongs or with which he is serving upon the Order of the Commanding officer thereof. Tender of replacement or the determination made by the Secretary of War upon a claim presented as provided for in the foregoing paragraphs shall Con- stitute a final determination of any claim Cognizable under this Act, and such claim shall not thereafter be reopened or considered by any accounting officer or Court of the United States. No claim arising under this Act shall be consid- ered unless made within one year from the time that it accrued, or presented within six months after peace is established. (March 28, 1918, c. 28, § 1, 40 Stat.) - § 6404. [Repealed.] - . This section, which was a provision of Act March 2, 1895, c. 190, 28 Stat. 962, relating to the settlement of claims of officers, seamen, etc., for loss of property in the naval service, was repealed by a provision of Act Oct. 6, 1917, c. 85. See § 2869a. § 6404a. Same—Claims for damages to and loss of private property: For payment of claims for dam- ages to and loss of private property incident to the training, practice, and operations of the Army that Have accrued, or may hereafter accrue, from time to time, to be immediately available and to remain available until expended: Provided, That settlement of such claims shall be made by the Auditor for the War Department, upon the approval and recommen- dation of the Secretary of War, where the amount of damages has been ascertained by the War Depart- ment, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. (May 12, 1917, c. 12, 40 Stat. 59.) Tit. 36) 3 6410 DEBTS DUE BY OR TO THE UNITED STATES IPage 1043] § 6405. Judgments of Court of Claims; pay- ment—In all cases of final judgments by the Court of Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general ap- propriation made by law for the payment and satis- faction of private claims, on presentation to the Sec- retary of the Treasury of a copy of said judgment, Certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court. (R. S. § 1089.) See § 398. § 6406. Same; certified by Secretary of the Treasury; interest—Hereafter it shall be the duty of the Secretary of the Treasury to certify to Con- gress for appropriation only such judgments of the Court of Claims as are not to be appealed, or such appealed cases as shall have been decided by the Su- preme Court to be due and payable. And on judg- ments in favor of claimants which have been appeal- ed by the United States and affirmed by the Supreme Court, interest, at the rate of four per Centum per annum, shall be allowed and paid from the date Of filing the transcript of judgment in the Treasury De- partment up to and including the date of the man- date of affirmance by the Supreme Court: Provided, That in no case shall interest be allowed after the term of the Supreme Court at which said judgment ; affirmed. (Sept. 30, 1890, c. 1126, § 1, 26 Stat. § 6407. Off-sets against judgments and claims against United States—When any final judgment recovered against the United States or other claim duly allowed by legal authority, shall be presented to the Secretary of the Treasury for payment, and the plaintiff Or Claimant therein Shall be indebted to the United States in any manner, whether as prin- cipal or surety, it shall be the duty of the Secretary to withhold payment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set off, and discharges his judgment Or an amount thereof equal to said debt Or Claim, the Sec- retary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plain- tiff, or claimant, denies his indebtedness to the Unit- ed States, or refuses to consent to the set-Off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his Opinion will be sufficient to COver all legal charges and COsts in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to Cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount So withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent. interest, thereon for the time it has been with- held from the plaintiff. (March 3, 1875, c. 149, 18 Stat. 481.) § 6408. Payment of judgments against Unit- ed States made on settlements by auditors—Here- after in all cases of final judgments and awards ren- dered against the United States by the Court of Claims, and of final judgments rendered against the *United States by the circuit and district Courts Of the United States, payment thereof under appropria- tions made by Congress shall be made On Settlements by the auditor for the department or branch of the public service having jurisdiction over the subject- matter out of which the claims arose. (Feb. 18, 1904, c. 160, § 1, 33 Stat. 41.) as they may deem best ; § 6409. Private claims pending before Con- gress; taking of testimony—Any Committee of ei- ther house of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, before any standing master in chan- Cery Of the circuit Of the United States Within the judicial district where such testimony or evi- dence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, sign- ed by its Chairman, setting forth the time and place when and where such examination is to be had, the Questions to be investigated, and, so far as may be known to the COmmittee, the names Of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and docu- ments to be proved, if known, shall proceed to give to Such private parties reasonable notice of the time and place of such examination, unless such notice shall have been Or shall be given by such Committee Or its chairman, or by the attorney or agent of the United States, or waived by such private party. And Such master shall issue subpoenas for such witnesses as may have been named in the Order Of Such COm- mittee, and such others as the agent or other repre- Sentative Of the United States hereinafter mentioned Shall request. And he shall also issue subpoenas at the request of such private party, Or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the fees Of any witness on behalf of such party. Said commit- tee may inform the district attorney of the United States for the district where the testimony is to be taken of the time, place, and object of such examina- tion, and request his attendance in behalf of the gov- ernment in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such ex- amination on the part of the United States, or such Committee may, at its Option, appoint an agent Or at- torney, or one of its own members, for that purpose, and in that event, if the Committee shall not be unanimous, the minority Of the committee may also appoint Such agent Or attor- ney or member Of Such committee to attend and take part in such examination. (Feb. 3, 1879, c. 40, § 1, 20 Stat. 278.) § 64.10. Same; subpoena for taking testimony; compensation of officers and witnesses; return of depositions—It shall be the duty of the marshal Of the United States for the district in which the testi- mony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States un- der this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discre- tion, appoint any other person to serve any Subpoena. Such master shall have full power to administer Oaths to witnesses, and the same power to issue attachments to compel the attendance of Witnesses and the pro- duction of books, papers and documents, as the Cir- cuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such Com- mittee. The compensation of such master in Chancery, and of marshals and deputy marshals, and Of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit Court of the United States; And the compensation of Wit- nesses shall be the same as for like attendance and a 6411 (Tit. 36 DEBTS DUE BY OR TO THE UNITED STATES IPage 1044] travel of witnesses before Such circuit COurts; And all such fees and compensation Of Officers and Wit- nesses on behalf of the United States, and Other ex- penses of all investigations which may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee. Said master, when the examination is COncluded, Shall at- tach together all the depositions and exhibits, and attach thereto his certificate setting forth or refer- ring to the authority by which they were taken, any notices he may have given, the names Of the Witness- es for whom subpoenas Or attachments were issued, the names Of Witnesses who attended, with the time Of attendance and mileage and fees Of each. Witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in re- lation to the Circumstances Connected with the tak- ing of the depositions as he may deem material. He shall then seal up such depositions and papers se- curely, direct them to the chairman of such commit- tee at Washington, stating briefly on the outside the nature of the Contents, and place the same in the post-Office, paying the postage thereon; and said pack- age shall be opened only in the presence of such com- mittee. The chairman Of any COmmittee Ordering testimony to be taken under this act shall, at least . ten days before the time fixed for such examination, and within two days after the adoption of such order, Cause a copy thereof to be directed and delivered to the Attorney-General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testi- mony is to be taken, who may, and, if required by the Attorney-General, shall, though not requested by the Committee, appear for the United States in person or by assistant, and take Such part in such examination as the Attorney-General shall direct. (Feb. 3, 1879, c. 40, § 2, 20 Stat. 279.) * - - § 6411. Liability of persons making false claims—Any person not in the military or naval forc- es of the United States, or in the militia called into or actually employed in the service of the United States, who shall do Or Commit any of the acts prohibited by any of the provisions of section fifty-four hundred and thirty-eight, Title, “Crimes,” shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of dam- ages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and dam- ages shall be sued for in the same suit. (R. S. § 3490.) For R. S. § 5438, see. § 10199. - - § 64.12. Suits for same—The several district courts of the United States, the supreme court of the T)istrict Of Columbia, the Several district CourtS Of the Territories of the United States, within whose ju- risdictional limits the person doing or committing Such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any per- Son, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. (R. S. § 3491.) See § 991(9). - § 64.13. Duty of district attorney as to such cases—It shall be the duty Qf the Several district at- torneys of the United States for the respective dis- tricts, for the District of Columbia, and for the sever- al Territories, to be diligent in inquiring into any vio- lation of the provisions of section thirty-four hundred and ninety by persons liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and dam- ages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of two thousand dollars, and twice the amount of the damages sworn to in the af- fidavit of the person bringing the suit. (R. S. § 3492.) § 64.14. Rights of persons presenting such suits—The person bringing said suit and prosecuting it to final judgment Shall be entitled to receive One- half the amount of such forfeiture, as well as One- half the amount of the damages he shall recover and collect; and the other half thereof shall belong to and be paid over to the United States ; and such per- Son Shall be entitled to receive to his OWn use all COSts the court may award against the defendant, to be al- lowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court : Provided, That such person shall be liable for all costs incurred by himself in the case, and shall have no claim there- for on the United States. (R. S. § 3493.) § 6415. Limitation of suit—Every such suit shall be commenced within six years from the COm- mission of the act, and not afterward. (R. S. § 3494.) TITLE XXXVII—COINAGE 6476. 647&a. 6478b. 6478C. 6478d. 6479. 6480. 6481. 6482. 6483. 6484. 6485. 6486. 6487. . Duties of engravers; Mints and assay-offices enumerated. New Orleans mint; reopened. - Same; assaying and starnping of bullion. Same; silver bullion for. Denver mint; coinage of gold and silver at. Same; officers; salaries; repeal. Same; laws applicable to. Same; officers and clerks at; salaries. ASSay-office at Helena; establishment. Same; refining at, authorized; charges. Assay-office at St. Louis. Assay-office at Deadwood. Same; how conducted. Assay-Office at Seattle; officers. Assay-office at Salt Lake City; officers. Officers of mints. Positions of coiner and melter and refiner abolished; appointment of employés. * Superintendents of mints to perform duties of treasurer. Salaries of Officers of mints. Salaries of assistants, clerks, and laborers employed in the mints. - Salaries under Director. Oath of office of officers, assistants, and clerks. Bonds of officers, assistants, and clerks. - A. in absence of Director, superintendent, or other O111Cer. General duties of superintendents of mints. Same. - - Coins reduced in weight by abrasion. Duties of superintendents as to coin and bullion. Duties of assayers. - - Duties of melters and refiners. Duties of coiners. - dies for coins; new designs. Gold coins of United States; weight. Coinage of certain coins discontinued. Withdrawal and recoinage. - Recoinage of gold coins. Silver coins; weight. - Silver fifty-cent piece to commemorate sary of admission of Illinois as state. . Same; laws applicable. - Standard silver dollars; weight and inscriptions; tender; gold certificates not paid in silver. Silver certificates; payments with. International monetary conference commissioners. One, two, and five dollar silver certificates. - Standard for gold and silver coins. Minor coins; weight and alloy. 100th anniver- legal . Coins prohibited. Coinage for foreign countries. Inscriptions on coins. Same; motto “In God we trust.” Change in details of design for quarter dollar. . . Gold and silver bars. Exchange of gold coins for gold bars. Coining gold bullion; refusal of deposits. Silver bullion for forming into bars. Weighing and valuing bullion. Assay of bullion. Report of quality of bullion assayed. Charges for converting bullion into coin. Same; repeal. - Verification of calculations of value of deposits; tersigning certificate. Purchase of bullion for silver coinage; fund. Same; silver-profit issue of Treasury notes in payment. Same; redemption of Treasury notes; limitation on amount outstanding; legal tender; national bank re- serve fund; parity of metals. Same; coinage of silver dollars; seigniorage. Same; determination of quality of bullion. Same; gold and silver as standard money; parity. Melting or breaking standard silver dollars and sale as silver bullion; retirement of outstanding silver Certificates. - - Same; purchase of silver from mines; resale or coin- age of silver purchased. Same; purposes for which bullion may be sold. Same; reimbursement of Treasurer for difference be- tween nominal value of dollars melted or broken up and value of bullion at $1 per ounce. Coinage of silver bullion purchased under Act July 14, 1890, c. 708. Standard unit of value. - Redemption of United States notes and Treasury notes; reissue of redeemed notes. Legal-tender quality of silver money not affected by act. Cancellation of Treasury notes on coinage of silver dol- lars and issue of silver certificates. Denominations of silver certificates. Coinage of silver bullion into subsidiary coins. Recoinage of uncurrent subsidiary silver coins. International bi-metallism. coun- Sec. 6488. 6489. 6490. 6491. 6492. 6493. 6494. 6495. 6496. 6497. 6498. 6499. 6500. ' 6501. 6502. 6503. 6504. 6505. 6506 6507. 6508. 6509. 6510. 6511. 6512. 6513. 6514. 6515. 6516. 6517. 6518. 6519. 6520. 6521. 6522. 6523. 6524. 6525. 6526. 6527. 6528. 6529. 6530. 6531. 6532. 6533. 6534. 6535. 6536. 6537. 6538. 6539. 6540. Limitation of amount of subsidiary silver coins removed. Issue of United States notes of small denominations, and retirement of notes of higher denominations. Paying out silver coins for gold coins. Exchange of subsidiary silver coin for lawful money. Exchange of lawful money for subsidiary silver coin. Free transportation of silver coin. Purchase of metal for minor coinage; Delivery of minor coins, redemption. Cleaning, reissue, and recoinage of minor coins. Transfer of bullion for formation into ingots. Assay of ingots. - Delivery of ingots for coinage. Standard of ingots used for coinage. Preparation and stamping of bars for payment of de- , posits. profit fund. Deviations allowed in adjusting weights; gold coins. Same; silver coins. Same; minor coins. - Delivery of coins by coiner, and trial of pieces. Sealing and transmitting trial pieces. Disposals of clippings. - Yearly settlement of accounts of coiner, melter, and re- finer. - . Allowance for wastage. - stºlent of balance-sheet forwarded to Director of int. - Delivery of coin or bars to depositor. - Payment in money to depositors when value ascertained. Payment for bullion in coin certificates. Repeal of provision for payment for bullion in coin cer- tificates at assay-Offices Other than in New York. Exchange of unparted bullion for fine bars. Refining and parting of bullion at mints and New York assay-office; exchange of unparted bullion for fine bars. - Same. - Assay-commissioners. - Standard troy pound of Bureau of Standards to be standard for regulation of coinage. - * . Standard weights for mints and assay-offices. Destruction of obverse working-dies. - National and other medals struck at Philadelphia mint. Money arising from charges and deductions covered into Treasury. Business of assay-office at New York. Transfer of gold mint bars from New York assay-office. to assistant treasurer’s office; redemption of coin cer- tificates or exchange for gold coins. Officers at New York assay-office; appointment. Same; duties. * - - Same; salaries. Appointment and salaries of assistants and employés. Business of Denver mint and assay-offices at Boise City. and Charlotte. Aºtment of officers at Denver, Boise City, and Char- Otte. : - - Powers and duties of assayers at assay-offices; pensation of employés. º' - Bond and oath of officers and clerks. Laws relating to mints extended to assay-offices. Decimal system established. Value of foreign coins; how ascertained. Same; sovereign or pound sterling. Recoinage of foreign coins. Spanish and Mexican coins. Same; transmission for recoinage. COIſl:- § 6416. Mints and assay-offices enumerated— The different mints and aSSay-Offices shall be known "First The mint of the United States at Philadel. "ºnd The mint Of the United States at San Fran- "ºra. The mint of the |United States at New Or- "ºn. The mint of the United States at Carson. Fifth. The mint of the United States at Denver. Sixth. The United States assay-office at New York. Seventh. The United States assay-Office at Boise City, Idaho. - - Eighth. The United States assay-office at Charlotte, North Carolina. Mint at Manila, see §§ 3886-3892. § 64.17. New (R. S. § 3495.) Orleans mint; reopened—To re- open the branch mint at New Orleans to be conducted hereafter as a mint, Subject to the provisions and re- Strictions Of the Coinage act Of eighteen hundred Seventy-three. IPage 10451 (June 20, 1874, c. 328, § 1, 18 Stat. 97.) ź 6418 § (Tit. 37 COINAGE IPage 1046] § 6418. Same; assaying and stamping of bul- lion—Mint at New Orleans, Louisiana : * * And the assaying and stamping of bullion is hereby au- thorized, subject to the provisions of the coinage act Of eighteen hundred and seventy-three. (March 3, 1877, c. 102, § 1, 19 Stat. 307.) Current appropriation for New Orleans, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1093. § 64.19. Same; silver bullion for—The Secre- tary of the Treasury is hereby authorized to supply the mint at New Orleans with silver bullion for COn- version into standard silver dollars and all smaller denominations of silver. (March 15, 1898, c. 68, § 1, 30 Stat. 296.) - § 6420. Denver mint; coinage of gold and sil- ver at—Hereafter there shall be carried on at the branch mint Of the United States at Denver, in the State of Colorado, the coinage of gold and silver. (Feb. 20, 1895, c. 105, § 1, 28 Stat. 673.) § 6421. Same; officers; salaries; repeal—The provisions of sections thirty-four hundred and ninety- six and thirty-four hundred and ninety-seven of the Revised Statutes of the United States are hereby made applicable to the mint of the United States at Den- yer, Colorado, and so much of sections thirty-five hundred and fifty-eight, thirty-five hundred and fifty- nine, thirty-five hundred and sixty, and thirty-five hundred and sixty-one of the Revised Statutes of the United States as relates to the mint at Denver, Colo- rado, are hereby repealed; and that the compensa- tion of the Officers of said mint shall be the same as those of the mint at Carson City, Nevada. (Feb. 20, 1895, c. 105, § 2, 28 Stat. 673.) - R. S. § 3496, is § 6431. R. S. § 3497, is § 6433. R. S. §§ 3558–3561, relating to Denver mint, while conducted as an assay office, see §§ 6530-6533. § 6422. Same; laws applicable to—All laws and parts of laws in force in relation to the mints of the United States, and for the government of the Of- ficers and persons employed therein, shall be ap- plicable to the mint at Denver. (Feb. 20, 1895, c. 105, § 3, 28 Stat. 673.) § 6423. Same; officers, and clerks, at; salaries —Whenever the Secretary of the Treasury shall de- termine that it is necessary for the proper operations Of the mint at Denver, Colorado, the following force may be appointed in lieu of the foregoing, at the yearly compensation herein stated, namely: Super- intendent, at four thousand five hundred dollars; assayer, melter and refiner, and coiner, at three thou- Sand dollars each ; Chief clerk, at two thousand five hundred dollars; weigh clerk, at one thousand six hundred dollars; clerk, at One thousand four hun- dred dollars; two calculating clerks, at One thou- sand four hundred dollars each ; and two clerks at One thousand two hundred dollars each ; and any un- expended balance of the foregoing appropriation shall be available for payment of this latter force. (March 18, 1904, c. 716, § 1, 33 Stat. 109.) - § 6424. Assay-office at Helena; establishment —The Secretary of the Treasury is hereby author- ized and required to establish an assay-Office at Hel- ena, in the Territory of Montana, the said assay-Of- fice to be conducted under the provisions Of the act entitled “An act revising and amending the laws rela- tive to the mints, assay-Offices, and Coinage of the TJnited States,” approved February twelfth, eighteen hundred and seventy-three. (May 12, 1874, c. 168, § 1, 18 Stat. 45.) § 64.25. Same; refining at, authorized; charg- es—The Secretary of the Treasury is hereby author- ized and required to establish at the United States assay office at Helena, Montana, a refinery for refining and parting gold and Silver and for Casting the Same into bars, ingots, Or discs. - The charges for these Operations shall be fixed by the Director of the Mint, with the approval of the Secretary of the Treasury, to equal, but not to exceed, the expenses thereof, and all provisions of law relat- ing to the refineries of the mints and assay offices Shall apply to the parting and refining of bullion at the assay office at Helena, Montana. (March 2, 1895, c. 177, § 1, 28 Stat. 784, 786.) § 64.26. Assay-office at St. Louis—The Secretary of the Treasury is hereby authorized and required to establish an assay-office at St. Louis, in the State of Missouri; the said office to be conducted tunder the provisions of an act entitled “An act revising and amending the laws relative to the mints, assay-offices, and Coinage of the United States,” approved February twelfth, eighteen hundred and seventy-three. (Feb. 1, 1881, c. 33, § 1, 21 Stat. 322.) § 6427. Assay-office at Deadwood–Assay office at Deadwood, South Dakota: For establishing an as- Say Office at Deadwood, in the State of South Da- kota. (June 11, 1896, c. 420, § 1, 29 Stat. 414.) § 6428. Same; how conducted—Assay office at Deadwood, South Dakota: * * and said assay of— fice shall be conducted under the provisions of the Act entitled “An Act revising and amending the laws relative to the mints, assay offices, and coinage of the United States,” approved February twelfth, eighteen hundred and seventy-three. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 559.) § 6429. Assay-office at Seattle; officers—The Secretary of the Treasury is hereby authorized and required to establish an assay office of the United States at Seattle, in the State of Washington; said aSSay Office to be conducted under the provisions of the Act entitled, “An Act revising and amending the laws relating to the mints and assay offices and the Coinage of the United States,” approved February tWelfth, eighteen hundred and seventy-three; that the Officers of the assay office shall be an assayer in Charge, at a salary of two thousand five hundred dol- lars per annum, who shall also perform the duties of melter; Chief clerk, at a salary of one thousand five hundred dollars per annum. (May 21, 1898, c. 348, 30 Stat. 420.) - Current appropriation for assay office at Seattle, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1094. § 6430. Assay-office at Salt Lake City; officers —The Secretary of the Treasury is hereby authorized and required to establish an assay office of the United States at Salt Lake City, in the State of Utah; said assay office to be conducted under the provisions of the Act entitled “An Act revising and amending the laws relating to the mints and assay offices and the Coinage of the United States,” approved February tWelfth, eighteen hundred and Seventy-three ; that the officers of the assay office shall be an assayer in charge, at a salary of two thousand five hundred dol- lars per annum, who shall also perform the duties of melter; chief clerk, at a salary of one thousand five hundred dollars per annum ; and the Secretary of the Treasury is hereby authorized to rent a suita- ble building for the use of said assay office, and there is hereby appropriated, out of any money in the Treas- ury not otherwise appropriated, the sum of twenty thousand dollars for Salary of aSSayer in charge, Chief clerk, and wages of Workmen, rent, and contingent expenses. (May 30, 1908, c. 223, 35 Stat. 474.) Current appropriation for assay office at Salt Lake City, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1094. § 6431. Officers of mints—The officers of each mint shall be a superintendent, an assayer, a melter and refiner, and a coiner; and, for the Mint at Phil- adelphia, an engraver; all to be appointed by the President, by and with the advice and consent of the Senate. (R. S. § 3496.) - § 6432. Positions of coiner and melter and re- finer abolished; appointment of employés—The position of coiner, which has heretofore existed in each of the coinage mints, and the position of melter and re- finer, which has heretofore existed in each of the coin- age mints and in the United States assay office at New York are hereby abolished, to take effect on and after July first, nineteen hundred and tWelve, and on and Tit. 37) § 6443 COINAGE IPage 10471 after that date the duties and responsibilities hereto- fore imposed by law on the officers holding said posi- tions in each of said mints and the assay office shall devolve upon the superintendents of said institutions; and all assistants and employees of the mints and as- say offices of the United States shall, from and after July first, nineteen hundred and twelve, be appointed by the Secretary of the Treasury. (Aug. 23, 1912, c. 350, § 1, 37 Stat. 384.) § 64.33. Superintendents of mints to perform duties of treasurer—The Superintendents of the mints at Philadelphia, San Francisco, and New Or- leans shall be, and perform the duties of, treasurers of said mints respectively. (R. S. § 3497.) - See § 6421. § 64.34. Salaries of officers of mints—The offi- cers of the several mints shall be entitled to the fol- lowing salaries, to be paid monthly: First. The Superintendents of the mints at Phila- delphia and San Francisco, to four thousand five hun- dred dollars a year each. Second. The assayers, melters and refiners, and the coiners of those mints, to three thousand dollars a year each. Third. The engraver of the Mint at Philadelphia, to three thousand dollars a year. Fourth. The superintendent of the mint at Carson City to three thousand dollars a year. Fifth. The assayer, the melter and refiner, and the coiner of the mint at Carson City, to two thou- sand five hundred dollars a year each. (R. S. § 3498.) Current appropriations for officers and employés of mints, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1093. - § 6435. Salaries of assistants, clerks, and la- borers employed in the mints—There shall be al- lowed to the assistants and clerks of the several mints such annual salaries as the Director of the Mint may, with the approbation of the Secretary of the Treas- ury, determine, and to the workmen employed there- in such wages as may be customary and reasonable according to their respective stations and occupations, to be determined by the superintendent, and approved by the Director of the Mint. The salaries provided for in this and the preceding section, and the wages of Workmen permanently engaged, shall be payable in monthly installments. (R. S. § 3499.) See § 64.34 and note. . § 6436. Salaries under Director—Hereafter all salaries under the Director of the Mint at Washing- ton and at the Various mints shall be at the rates appropriated for in this act. (June 20, 1874, c. 328, § 1, 18 Stat. 96.) See § 64.34 and note. § 6437. Oath of office of officers, assistants, and clerks—Every officer, assistant, and clerk ap- pointed for any mint shall, before he enters upon the execution of his office, take an oath before some judge of the United States, or judge of some court of record of the State in which such mint is located, faithfully and diligently to perform the duties thereof; in addi- tion to other official oaths prescribed by law, such Oath, duly Certified, shall be transmitted to the Sec- retary of the Treasury. The superintendent of each mint may require such oath from any of the em- ployés of the mint. (R. S. § 3500.) § 6438. Bonds of officers, assistants, and clerks—The Superintendent, the assayer, the melter and refiner, and the coiner of each mint, before en- tering upon the execution of their respective offices, shall become bound to the United States, with one or more sureties, approved by the Secretary of the Treas- ury, in the Sum of not less than ten nor more than fifty thousand dollars, with condition for the faithful and diligent performance of the duties of his office. Similar bonds may be required Of the assistants and Clerks, in Such sums as the Superintendent shall de- termine, with the approbation of the Director of the Mint; but the same shall not be construed to relieve the superintendent or other officers from liability to the United States for acts, omissions, or negligence of their subordinates or employés; and the Secretary of the Treasury, may, at his discretion, increase the bonds of the superintendents. (R. S. § 3501.) § 6439. Acting in absence of Director, super- intendent, or other officer—Whenever any officer of a mint or assay-office shall be temporarily absent, On account of sickness or any other cause, it shall be lawful for the superintendent, with the consent of such officer, to appoint some person attached to the mint to act in the place of such officer during his ab- sence; but all such appointments shall be forthwith reported to the Director of the Mint for his approval; and in all cases whatsoever the principal shall be responsible for the acts of his representative. In case of the temporary absence of the Superintendent, the chief clerk shall act in his place; in case of the temporary absence of the Director of the Mint the Secretary of the Treasury may designate some one to act in his place. (R. S. § 3502.) § 6440. General duties of superintendents of mints—The Superintendent of each mint Shall have the control thereof, the Superintendence of the offi- cers and persons employed therein, and the Supervi- Sion of the business thereof, subject to the approval Of the Director Of the Mint. He shall make reportS to the Director Of the Mint at Such times and a CCOrd- ing to such forms as the Director may prescribe; which shall exhibit in detail, and under appropriate heads, the deposits of bullion, the amount of gold, silver, and minor coinage, and the amount of unpart- ed, standard, and refined bars issued, and such other statistics and information as may be required. (R. S. § 3503.) - § 6441. Same—He shall keep and render, quar- ter-yearly, to the Director of the Mint, for the pur- pose of adjustment according to such forms as may be prescribed by the Secretary of the Treasury, regu- lar and faithful a CCounts Of his transactions with the Other officers Of the mint and the depositors; and shall also render to him a monthly statement of the Ordinary expenses of the mint or assay-office under his charge. [He shall also appoint all assistants, clerks, one of whom shall be designated “chief clerk,” and workmen employed under his Superintendence: but no person shall be appointed to employment in the offices of the assayer, melter and refiner, coiner, or engraver, except on the recommendation and nomina- tion in writing of those officers, respectively. He shall forthwith report to the Director of the Mint the names of all persons appointed by him, the duties to be performed, the rate of compensation, the appropria- tion from which Compensation is to be made, and the grounds of the appointment ; and if the Director of the Mint shall disapprove the same, the appointment shall be vacated.j (R. S. § 3504.) t= § 6442. Coins reduced in weight by abrasion— Any gold coins of the United States, if reduced in weight by natural abrasion not more than one-half of one per Centum below the standard weight prescribed by law, after a circulation of twenty years, as shown by the date of coinage, and at a ratable proportion for any period less than twenty years, shall he re- ceived at their nominal value by the United States Treasury and its offices, under such regulations as the Secretary of the Treasury may prescribe for the protection of the Government against fraudulent abrasion or other practices. (R. S. § 3505.) § 6443. Duties of superintendents as to coin and bullion—The Superintendent of each mint shall receive and safely keep, until legally withdrawn, all moneys Or bullion which shall be for the use or the expenses of the mint. He shall receive all bullion brought to the mint for assay or coinage; shall be the keeper of all bullion or coin in the mint, except while the same is legally in the hands of other of- ficers; and shall deliver all coins struck at the mint to the persons to whom they shall be legally payable. From the report of the assayer and the weight of the bullion, he shall compute the value of each depos- it, and also the amount of the charges or deductions, 36444 (Tit. 37 . COINAO:E if any, of all which he shall give a detailed memoran- dum to the depositor; and he shall also give at the same time, under his hand, a certificate of the net amount of the deposit, to be paid in coins or bars of the same species of bullion as that deposited, the COr- rectness of which certificate shall be verified by the assayer, who shall countersign the same, and in all Cases of transfer of coin or bullion, shall give and receive vouchers, stating the amount and character of such coin or bullion. (R. S. § 3506.) § 6444. Duties of assayers—The assayer shall assay all metals and bullion, whenever such assays are required in the Operations of the mint.; and shall make assays of coin. Or samples of bullion whenever required by the superintendent. (R. S. § 3507.) § 64.45. Duties of melters and refiners—The melter and refiner shall execute all the operations which are necessary in order to form ingots of stand- ard silver or gold, and alloys for minor Coinage, suita- ble for the coiner, from the metals legally delivered to him for that purpose; and shall also execute all the Operations which are necessary in order to form bars conformable in all respects to the law, from the gold and Silver bullion delivered to him for that purpose. He shall keep a careful record of all transactions with the superintendent, noting the weight and character of the bullion, and shall be responsible for all bul- lion delivered to him. Until the same is returned to the superintendent and the proper vouchers obtained. (R. S. § 350S.) - § 6446. Duties of coiners—The coiner shall ex- ecute all the Operations which are necessary in Order to form coins, conformable in all respects to the law, from the standard gold and silver ingots, and alloys for minor coinage, legally delivered to him for that purpose ; and shall be responsible for all bullion de- Iivered to him, until the Same is returned to the Su- perintendent and the proper Vouchers obtained. (R. S. § 3509.) - § 6447. Duties of engravers; dies for coins; new designs—The engraver shall prepare from the original dies already authorized all the working-dies required for use in the coinage of the several mints, and, when new coins, emblems, devices, legends, or designs are authorized, Shall, if required by the Di- rector of the Mint, prepare the devices, models, hubs, or original dies for the same. The Director of the Mint shall have power, with the approval of the Sec- retary of the Treasury, to cause new designs or mod- ... els Of authorized emblems Or devices to be prepared and adopted in the same manner as when new coins Or devices are authorized. But no change in the de- sign or die of any Coin shall be made. Oftener than Once in twenty-five years from and including the year of the first adoption of the design, model, die, or hub for the same coin: Provided, That no change be made in the diameter Of any Coin: And provided further, That nothing in this section shall prevent the adoption of new designs Or models for devices or em- blems already authorized for the standard silver dol- lar and the five-cent nickel piece as soon as practica- ble after the passage of this act. But the Director of the Mint shall nevertheless have power, with the ap- proval Of the Secretary Of the Treasury, to engage temporarily for this purpose the services of one or more artists, distinguished in their respective depart- ments of art, who shall be paid for such service from the contingent appropriation for the mint at Philadel- phia. 944, 26 Stat. 484.) § 6448. Gold coins of United States; weight —The gold coins of the United States shall be a [one- dollar piece], which, at the standard weight of twen- ty-five and eight-tenths grains, shall be the unit of value; a quarter-eagle, or two and a half dollar piece; [a three-dollar piece;] a half-eagle, or five- dollar piece; an eagle, or ten-dollar piece; and a double-eagle, Or twenty-dollar piece. And the Stand- ard weight [of the gold dollar shall be twenty-five and eight-tenths grains;] of the quarter-eagle, or two and IPage 1048] COinS. (R. S. § 3510, amended, Act Sept. 26, 1890, c. a half dollar piece, sixty-four and a half grains; [of the three-dollar piece, seventy-seven and four-tenths grains;] of the half-eagle, or five-dollar piece, One hundred and twenty-nine grains; of the eagle, or ten-dollar piece, two hundred and fifty-eight grains; Of the double-eagle, or twenty-dollar piece, five hun- dred and sixteen grains. (R. S. § 3511.) Text in brackets superseded by §§ 64.49, 6450. ‘made standard unit of value, by § 6480. § 64.49. Coinage of certain coins discontinued —From and after the passage of this act the coinage Of the three-dollar gold piece, the one-dollar gold piece, and the three-cent nickel piece be, and the same is hereby, prohibited, and the pieces named shall not be struck or issued by the Mint of the United States. (Sept. 26, 1890, c. 945, § 1, 26 Stat. 485.) § 64.50. Withdrawal and recoinage—As fast as the said coins shall be paid into the Treasury of the United States they shall be withdrawn from circula- tion and be recoined into other denominations of (Sept. 26, 1890, c. 945, § 2, 26 Stat. 485.) § 6451. Recoinage of gold coins—Any gold coins in the Treasury of the United States, when re- duced in weight by natural abrasion more than one- half of one per centum below the standard weight prescribed by law, shall be recoined. (R. S. § 3512.) § 6452. Silver coins; weight—The silver coins Of the United States shall be [a trade-dollar] a half- dollar, or fifty-cent piece, a quarter-dollar, or twenty- five-cent piece, a dime, or ten-cent piece; and [the weight of the trade-dollar shall be four hundred and twenty grains troy ;] the weight of the half-dollar Shall be twelve grams and One-half of a gram ; the quarter-dollar and the dimes shall be, respectively, one-half and one-fifth of the weight of said half-dol- lar. (R. S. § 3513.) - - - Text in brackets repealed by repeal of laws authorizing coinage of trade dollar, by Act March 3, 1887, c. 396, § 3, 24 Stat. 635. - § 6452a. Silver fifty-cent piece to commemo- rate 100th anniversary of admission of Illinois as State—As soon as practicable, and in commemora- tion of the One hundredth anniversary of the admis- sion of the State of Illinois into the Union as a State, there shall be coined at the mints of the United States, silver fifty-cent pieces to the number of one hundred thousand, such fifty-cent pieces to be of the standard troy weight, Composition, diameter, device, and design, as shall be fixed by the Director of the Mint, with the approval of the Secretary of the Treas- ury, and said fifty-cent pieces shall be legal tender in any payment to the amount of their face value. (June 1, 1918, c. 91, § 1, 40 Stat.) - § 64.52b. Same; laws applicable—All laws now in force relating to the subsidiary silver coins of the United States and the coining or striking of the same, regulating and guarding the process of coin- age, providing for the purchase of material, and for the transportation, distribution, and redemption of the coins, for the prevention of debasement or coun- terfeiting, for security of the coin, or for any other purpose, whether said laws are penal or otherwise, shall, so far as applicable, apply to the coinage here- in authorized: Provided, That the Government shall not be subject to the expense of making the necessary dies and other preparations for this coinage. (June 1, 1918, c. 91, § 2, 40 Stat.) - § 6453. Standard silver dollars; weight and inscriptions; legal tender; gold certificates not paid in silver—There shall be coined, at the several mints of the United States, silver dollars Of the weight of four hundred and twelve and a half grains Troy of standard silver, as provided in the act of January eighteenth, eighteen hundred thirty-seven, Gold dollar On which shall be the devices and SuperScriptions provided by said act; which coins together with all Silver dollars heretofore coined by the United States, of like weight and fineness, shall be a legal tender, at their nominal value, for all debts and dues public and private, except where otherwise expressly stipu- Tit. 37) & 6464 COINAGE [Page 1049] lated in the contract. * * And provided further, That nothing in this act shall be construed to author- ize the payment in silver certificates of deposit issued under the provisions Of Section two hundred and fifty- four of the Revised Statutes. (Feb. 28, 1878, c. 20, § 1, 20 Stat. 25.) s' - R. S. § 254, is § 6564. - - § 6454. Silver certificates; payments with— Any holder of the coin authorized by this act may de- posit the Same with the Treasurer or any assistant treasurer Of the United States, in sums not less than ten dollars, and receive therefor certificates Of not less than ten dollars each, corresponding with the denominations of the United States notes. The Coin deposited for or representing the certificates shall be retained in the Treasury for the payment of the same On demand. Said certificates shall be receivable for Customs, taxes, and all public dues, and, When SO re- Ceived, may be reissued. (Feb. 28, 1878, c. 20, § 3, 20 Stat. 26.) § 6455. International monetary conference commissioners—Whenever after March fourth, eight- een hundred and ninety-seven, the President Of the United States shall determine that the United States should be represented at any international conference Called by the United States Or any. Other Country with a view to securing by international agreement a fixity of relative value between gold and silver as money by means Of a COmmon ratio between these metals, with free mintage at such ratio, he is here- by authorized to appoint five or more Commissioners to Such international Conference; and for Compensa- tion of said commissioners, and for all reasonable ex- penses connected there with, to be approved by the Secretary of State, including the proportion to be paid by the United States of the joint expenses of any Such COnference, the Sum Of One hundred thou- sand dollars, or so much thereof as may be necessary, is hereby appropriated. (March 3, 1897, c. 376, § 1, 29 Stat. 624.) - § 6456. One, two, and five dollar silver cer- tificates—The Secretary of the 'Treasury is hereafter authorized and required to issue Silver-CertificateS in denominations of One, two, and five dollars; and the Silver Certificates herein authorized Shall be re- Ceivable, redeemable, and payable in like manner and for like purposes as is provided for silver-certificates by the act of February twenty-eighth, eighteen hun- dred and Seventy-eight, entitled “An act to authorize the coinage of the standard silver dollar, and to re- Store its legal-tender character;” and denominations Of One, two, and five dollars may be issued in lieu Of silver-Certificates of larger denominations in the Treasury, or in exchange therefor upon presentation by the holders; and to that extent said Certificates Of larger denominations shall be cancelled and de- stroyed. (March 3, 1887, c. 362, 24 Stat. 515.) § 64.57. Standard for gold and silver coins— The standard for both gold and silver coins of the United States Shall be Such that Of One thousand parts by weight nine hundred shall be of pure metal and one hundred Of alloy. The alloy of the silver , coins shall be of copper. The alloy of the gold coins shall be of Copper, or Of copper and silver ; but the Silver shall in no Case exCeed One-tenth Of the whole - alloy. (R. S. § 3514) § 64.58. Minor coins; weight and alloy—The minor coins of the United States shall be a five-cent piece, a [three-cent piece, I and a one-cent piece. The alloy for the five [and three] cent pieces shall be of copper and nickel, to be composed of three-fourths copper and one-fourth nickel. The alloy of the one- cent piece shall be ninety-five per centum Of copper and five per centum of tin and zinc, in such propor- tions as shall be determined by the Director of the Mint. The weight of the piece of five cents shall be seventy-seven and sixteen-hundredths grains troy; the United States. 242.) LOI the three-cent piece, thirty grains;] and of the One-cent piece, forty-eight grains. (R. S. § 3515.) Text in brackets superseded by §§ 64.49, 6450. § 6459. Coins prohibited—No coins, either of . gold, Silver, or minor coinage, shall hereafter be is- Sued from the Mint other than those of the denomina- tions, standards, and weights set forth in this Title. (R. S. § 3516.) - § 6460. Coinage for foreign countries—It shall be lawful for Coinage to be executed at the mints Of the United States for any foreign country applying for the same, according to the legally prescribed Standards and devices of Such country, under Such regulations as the Secretary of the Treasury may preSCribe ; and the Charge for the same shall be equal to the expenses thereof, including labor, materials, and use of machinery, to be fixed by the director of the mint, with the approval of the Secretary of the Treasury: Provided, That the manufacture of Such Coin shall not interfere with the required coinage of (Jan. 29, 1874, c. 19, 18 Stat. 6.) - § 6461. Inscriptions on coins—Upon the coins there shall be the following devices and legends: Up- On One side there shall be an impression emblematic Of liberty, with an inscription of the word “Liberty” . and the year of the coinage, and upon the reverse Shall be the figure or representation of an eagle, With the inscriptions “United States of America” and “E Pluribus Unum,” and a designation of the value Of the Coin ; but on [the gold dollar and three-doliar piece, the dime, five, [three, I and One cent piece, the figure of the eagle shall be omitted; and on the re- verse of the silver trade-dollar the weight and the fineness of the coin shall be inscribed. (R. S. § 3517.) gº" in brackets Superseded by § 64.49. And see §§ 6453, § 64.62. Same; motto “In God we trust”—The motto “In God we trust,” heretofore inscribed on cer- tain denominations of the gold and silver coins of the United States of America, shall hereafter be inscribed upon all Such gold and silver Coins of Said denomina- tions as heretofore. (May 18, 1908, c. 173, § 1, 35 Stat. 164.) - § 6462a. Change in details of design for quarter dollar—That for the purpose of increasing the artistic merit of the current quarter dollar, the Secretary of the Treasury be, and he is hereby, au- thorized to make slight modifications in the details Of the designs in accordance with sketches Submitted by the sculptor whose models were accepted under date of May twenty-third, nineteen hundred and six- teen, and now being used in the execution. Of the COinS. - NO changes shall be made in the emblems Or de- vices used. The modifications Shall COnsist Of the changing of the position of the eagle, the rearrange- ment of the stars and lettering, and a slight concavity given to the surface. Such changes shall be made and Completed on Or before July first, nineteen hun- dred and eighteen. (July 9, 1917, c. 36, 40 Stat. § 64.63. Gold and silver bars—At the option of the owner gold or silver may be cast into bars of fine metal, or of Standard fineness, or unparted, as he may prefer, with a stamp upon the same designating the weight and fineness, and with such devices impressed thereon as may be deemed expedient to prevent fraud- ulent imitation, and no Such bars shall be iSSued. Of a less weight than five Ounces. (R. S. § 3518.) § 64.64. Exchange of gold coins for gold bars —The Superintendent of the coinage mints and Of the United States assay office at New York may, With the approval of the Secretary of the Treasury, but not otherwise, receive United States gold Coin from any holder thereof in sums of not less than five thou- Sand dollars, and pay and deliver in exchange there- for gold bars in value equaling such coin so received: Provided, That the Secretary of the Treasury may make, in his discretion, such exchange without charge, * 6465 (Tit. 87 COINAGE) [Page 10501 or may impose a charge therefor. (May 26, 1882, C. 190, 22 Stat. 97, amended, March 3, 1891, c. 541, § 3, 26 Stat. 948, and March 3, 1901, c. 867, 31 Stat. 1446.) § 6465. Coining gold bullion; refusal of de- posits—Any owner of gold bullion may deposit the same at any mint, to be formed into coin or bars for his benefit. It shall be lawful, however, to refuse any deposit of less value than one hundred dollars, or any bullion so base as to be unsuitable for the Op- erations of the Mint. In cases where gold and Silver are combined, if either metal be in such Small pro- portion that it cannot be separated advantageously, no allowance shall be made to the depositor for its value. (R. S. § 3519.) - § 6466. Silver bullion for forming into bars —Any owner of silver bullion may deposit the same at any mint, to be formed into bars, [or into dollars of the weight of four hundred and twenty grains troy, designated in this Title as trade-dollars, and no deposit of silver for other coinage shall be re- ceived. Silver bullion contained in gold depositS, and separated therefrom, may, however, be paid for in silver coin, at such valuation as may be, from time to time, established by the Director of the Mint. (R. S. § 3520.) Text in brackets superseded by repeal of laws authoriz- ing coinage of trade dollars, by Act March 3, 1887, c. 396, § 3, 24 Stat. 635. -- Q § 6467. Weighing and valuing bullion—When bullion is deposited in any of the mints, it shall be weighed by the superintendent, and, when practicable, in the presence of the depositor, to whom a receipt shall be given, which shall state the description and weight of the bullion. When, however, the bullion is in such a state as to require melting, or the re- moval of base metals, before its value can be a SCer- . tained, the weight, after such operation, Shall be considered as the true weight of the bullion deposited. The fitness of the bullion to be received shall be de- termined by the assayer, and the mode of melting by the melter and refiner. (R. S. § 3521.) § 6468. Assay of bullion—From every parcel of bullion deposited for coinage or bars, the Superintend- ent shall deliver to the assayer a sufficient portion for the purpose of being assayed. The bullion re- maining from the operations of the assay shall be re- turned to the superintendent by the assayer. (R. S. § 3522.) . . § 64.69. Beport of quality of bullion assayed —The assayer shall report to the superintendent the quality or fineness of the bullion assayed by him, and such information as will enable him to compute the amount of the charges hereinafter provided for, to be made to the depositor. (R. S. § 3523.) p § 6470. Charges for converting bullion into coin–The charges [for converting standard silver into trade-dollars] for melting or refining bullion, for toughening when metals are contained in it which render it unfit for coinage, for copper used for alloy when the bullion is above standard, for Separating the gold and silver when these metals exist together in the bullion, and for the preparation of bars, shall be fixed, from time to time, by the Director, with the concurrence of the Secretary of the Treasury, so as to equal but not exceed, in their judgment, the actual average cost to each mint and assay-office Of the ma- terial, labor, wastage, and use of machinery employed in each of the cases aforementioned. (R. S. § 3524, amended, Jan. 14, 1875, c. 15, § 2, 18 Stat. 296, and March 1, 1881, c. 95, 21 Stat. 374.) Text in brackets superseded by repeal of laws authoriz- ing coinage of trade dollars, by Act March 3, 1887, c. 396, § 3, 24 Stat. 635. See, also, § 64.71. § 64.71. Same; repeal—So much of Section three thousand five hundred and twenty-four of the Revised Statutes of the United States as provides for a charge of one-fifth of One per centum for converting stand- ard gold bullion into coin is hereby repealed, and hereafter no Charge shall be made for that Service. , (Jan. 14, 1875, c. 15, § 2, 18 Stat. 296.) § 6472. Verification of calculations of , value of deposits; countersigning certificate—The as- sayer shall verify all calculations made by the Super- intendent of the value of deposits, and, if satisfied Of the correctness thereof, shall countersign the certifi- cate required to be given by the superintendent to the depositor. (R. S. § 3525.) g § 6473. Purchase of bullion for silver coin- age; silver-profit fund—In order to procure bullion for the silver coinage authorized by this Title, the superintendents, with the approval of the Director of the Mint, as to price, terms, and quantity, Shall purchase such bullion with the bullion-fund. The gain arising from the coinage of such silver bullion into coin of a nominal value exceeding the Cost there- of shall be credited to a special fund denominated the silver-profit fund. This fund shall be charged with the wastage incurred in the silver coinage, and with the expense of distributing such silver coins as here- inafter provided. The balance to the credit of this fund shall be from time to time, and at least twice a year, paid into the Treasury of the United States. (R. S. § 3526.) - See §§ 6542–6548. § 6474. Same; issue of Treasury notes in pay- ment—The Secretary of the Treasury is hereby di- rected to purchase, from time to time, silver bullion to the aggregate amount of four million five hundred thousand Ounces, or SO much thereof as may be Offer- ed in each month, at the market price thereof, not ex- ceeding one dollar for three hundred and seventy-One and twenty-five hundredths grains of pure silver, and to issue in payment for such purchases of silver bul- lion Treasury notes of the United States to be pre- pared by the Secretary Of the Treasury, in such form and of such denominations, not less than one dollar nor more than one thousand dollars, as he may pre- scribe, and a sum sufficient to carry into effect the provisions of this act is hereby appropriated out of any money in the Treasury not otherwise appropriat- ed. (July 14, 1890, c. 708, § 1, 26 Stat. 289.) § 64.75. Same; redemption of Treasury notes; limitation on amount outstanding; legal tender; national bank reserve fund; parity of metals— The Treasury notes issued in accordance with the provisions of this act shall be redeemable on demand, in coin, at the Treasury of the United States, or at the Office of any assistant treasurer of the United States, and when so redeemed may be reissued ; but no greater or less amount of Such notes shall be outstanding at any time than the cost of the silver. bullion and the Standard Silver dollars COined there- from, then held in the Treasury purchased by such notes; and such Treasury notes shall be a legal ten- der in payment Of all debts, public and private, ex- cept where otherwise expressly stipulated in the con- tract, and shall be receivable for customs, taxes, and all public dues, and when so received may be reis- Sued ; and such notes, when held by any national banking association, may be counted as a part of its lawful reserve. That upon demand of the holder of any of the Treasury notes herein provided for the Secretary of the Treasury shall, under such regula- tions as he may prescribe, redeem such notes in gold. or silver coin, at his discretion, it being the establish- ed policy of the United States to maintain the two metals on a parity with each other upon the present legal ratio, or such, ratio as may be provided by law. (July 14, 1890, c. 708, § 2, 26 Stat. 289.) § 6476. Same; coinage of silver dollars; seigniorage—The Secretary Of the Treasury shall each month coin two million Ounces Of the silver bul- lion purchased under the provisions of this act into Standard silver dollars until the first day of July eighteen hundred and ninety-one, and after that time he shall coin of the silver bullion purchased Under the provisions of this act as much as may be neces- sary to provide for the redemption of the Treasury Tit. 37) 3 6481 COINAGE} IPage 10511 notes herein provided for, and any gain or seignior- age arising from such COinage Shall be accounted for and paid into the Treasury. (July 14, 1890, c. 708, § 3, 26 Stat. 289.) - § 64.77. Same; determination of quality of bullion—The silver bullion purchased under the pro- visions of this act shall be subject to the require- ments of existing law and the regulations of the mint Service governing the methods of determining the amount of pure silver contained, and the amount Of charges or deductions, if any, to be made. (July 14, 1890, c. 708, § 4, 26 Stat. 289.) § 6478. Same; repeal; gold and silver as standard money; parity—So much of the act approV- ed July fourteenth, eighteen hundred and ninety, enti- tled “An act directing the purchase of silver bullion and issue of Treasury notes thereon, and for other purposes,” as directs the Secretary of the Treasury to purchase from time to time silver bullion to the aggregate amount of four million five hundred thou- Sand Ounces, or so much thereof as may be Offered in each month at the market price thereof, not ex- Ceeding One dollar for three hundred and seventy-one and twenty-five One-hundredths grains of pure silver, and to issue in payment for such purchases Treasury notes Of the United States, be, and the same is here- by, repealed. And it is hereby declared to be the policy Of the United States to continue the use of both gold and silver as standard money, and to coin both gold and silver into money of equal intrinsic and eXchangeable value, such equality to be secured through international agreement, or by such safe- guards Of legislation as will insure the maintenance Of the parity in value of the coins of the two metals, and the equal power of every dollar at all times, in the markets and in the payment of debts. And it is hereby further declared that the efforts of the Gov- ernment should be steadily directed to the establish- ment Of Such a Safe System Of bimetallism as will maintain at all times the equal power of every dollar coined or issued by the United States, in the markets and in the payment of debts. (Nov. 1, 1893, c. 8, 28 Stat. 4.) See §§ 6474-6477. § 64.78a. Melting or breaking standard silver dollars and sale as silver bullion; retirement of outstanding silver certificates—The Secretary of the Treasury is hereby authorized from time to time to melt Or break up and to sell as bullion not in ex- cess of three hundred and fifty million Standard sil- wer dollars now or hereafter held in the Treasury of the United States. Any silver certificates which may be Outstanding against Such standard silver dollars SO melted or broken up shall be retired at the rate of $1 face amount of such certificates for each stand- ard silver dollar so melted or broken up. Sales of such bullion shall be made at such prices not less than $1 per ounce of silver one thousand fine and up- On such terms as Shall be established from time to time by the Secretary of the Treasury. (April 23, 1918, c. 63, § 1, 40 Stat.) - - § 64.78%. Same; purchase of silver from mines; resale or coinage of silver purchased—Upon every Such sale of bullion from time to time the Secretary of the Treasury shall immediately direct the Director of the Mint to purchase in the United States, of the product Of mines situated in the United States and Of reduction works so located, an amount of silver equal to three hundred and Seventy-One and twenty-five hundredths grains of pure silver in respect of every standard silver dollar so melted or broken up and sold as bullion. Such purchases shall be made in accordance with the then existing regulations of the Mint and at the fixed price of $1 per ounce of silver One thousand fine, delivered at .the option of the Di- rector of the Mint at New York, Philadelphia, Den- ver, or San Francisco. Such silver so purchased may be resold for any of the purposes hereinafter Specified *3 in Section three of this Act, under rules and regula- tions to be established by the Secretary of the Treas- ury, and any excess of such silver so purchased over and above the requirements for such purposes, shall be COined into standard silver dollars or held for the purpose Of Such coinage, and silver certificates shall be issued to the amount of such coinage. The net amount Of Silver so purchased, after making allow- ance for all resales, shall not exceed at any one time the amount needed to coin an aggregate number of Standard silver dollars equal to the aggregate num- ber of standard silver dollars theretofore melted or broken up and sold as bullion under the provisions of this Act, but such purchases of silver shall continue until the net amount of silver so purchased, after Imaking allowance for all resales, shall be sufficient to Coin therefrom an aggregate number of standard Silver dollars equal to the aggregate number of Standard Silver dollars theretofore so melted or brok- en up and sold as bullion. (April 23, 1918, c. 63, § 2, 40 Stat.) § 64.78c. Same; purposes for which bullion may be sold—Sales of silver bullion under authority of this Act may be made for the purpose of conserv- ing the existing stock of gold in the United States, of facilitating the settlement in silver of trade balances adverse to the United States, of providing silver for Subsidiary coinage and for commercial use, and of assisting foreign governments at war with the enemies Of the United States. The allocation of any silver to the Director of the Mint for subsidiary coinage shall, for the purposes of this Act, be regarded as a sale or resale. (April 23, 1918, c. 63, § 3, 40 Stat.) § 64.78d. Same; reimbursement of Treasurer for difference between nominal value of dollars melted or broken up and value of bullion at $1 per ounce—The Secretary of the Treasury is author- ized, from any moneys in the Treasury not otherwise appropriated, to reimburse the Treasurer of the Unit- ed States for the difference between the nominal or face Value of all standard silver dollars so melted or broken up and the value of the silver bullion, at $1 per Ounce Of silver one thousand fine, resulting from the melting or breaking up of such standard silver dollars. (April 23, 1918, c. 63, § 4, 40 Stat.) § 64.79. Coinage of silver bullion purchased under Act July 14, 1890, c. 708–The Secretary of the Treasury is hereby authorized and directed to coin into Standard silver dollars as rapidly as the public interests may require, to an amount, however, of not less than One and One-half millions of dollars in each month, all Of the Silver bullion now in the Treasury purchased in accordance with the provisions of the Act approved July fourteenth, eighteen hundred and ninety, entitled “An Act directing the purchase of silver bullion and the issue of Treasury notes there- On, and for other purposes,” and said dollars, when so COined, shall be used and applied in the manner and for the purposes named in said Act. (June 13, 1898, c. 448, § 34, 30 Stat. 467.) - See §§ 6474-64.77. § 6480. Standard unit of value—The dollar con- sisting of twenty-five and eight-tenths grains of gold nine-tenths fine, as established by section thirty-five hundred and eleven Of the Revised Statutes of the United States, shall be the standard unit of value, and all forms of money issued or coined by the United States shall be maintained at a parity of value with this standard, and it shall be the duty of the Secretary of the Treasury to maintain such parity. (March 14, 1900, c. 41, § 1, 31 Stat. 45.) R. S. § 3511, is § 6448. And see Title 62, chapter 2. § 6481. Redemption of United States notes and Treasury notes; reissue of redeemed notes— United States notes, and Treasury notes issued under the Act Of July fourteenth, eighteen hundred and ninety, when presented to the Treasury for redemp- tion, shall be redeemed in gold coin of the standard fixed in the first Section of this Act, and in Order to 3 6481 (Tit. 37 COINAGE secure the prompt and certain redemption of . Such notes as herein provided it shall be the duty of the Secretary of the Treasury to set apart in the Treas- ury a reserve fund of one hundred and fifty million dollars in gold coin and bullion, which fund Shall be used for such redemption purposes only, and When- ever and as often as any of said notes Shall be re- deemed from said fund it shall be the duty of the Secretary of the Treasury to use said, notes SO redeem- ed to restore and maintain such reserve fund in the manner following, to wit: First, by exchanging the notes so redeemed for any gold coin in the general fund of the Treasury; second, by accepting deposits Of gold coin at the Treasury or at any subtreasury in ex- change for the United States notes so redeemed; third, by procuring gold coin by the use of said notes, in a C- cordance with the provisions of section thirty-Seven hundred of the Revised Statutes of the United States. If the Secretary of the Treasury is unable to restore and maintain the gold coin in the reserve fund by the foregoing methods, and the amount of such gold Coin, and builion in said fund shall at any time fall below one hundred million dollars, then it shall be his duty to restore the same to the maximum sum of One hun- dred and fifty million dollars by borrowing money On the credit of the United States, and for the debt thus incurred to issue and sell coupon or registered bonds of the United States, in such form as he may prescribe, in denominations of fifty dollars Or any multiple thereof, bearing interest at the rate of not exceeding three per centum per annum, payable quar- terly, such bonds to be payable at the pleasure Of the United States after one year from the date of their issue, and to be payable, principal and interest, in gold coin of the present standard value, and to be ex- empt from the payment of all taxes or duties of the TJnited States, as well as from taxation in any form by or under State, municipal, or local authority; and the gold coin received from the sale of said bonds shall first be covered into the general fund Of the Treasury and then exchanged, in the manner herein- before provided, for an equal amount of the notes re- deemed and held for exchange, and the Secretary Of the Treasury may, in his discretion, use said notes in exchange for gold, or to purchase or redeem any bonds of the United States, or for any other lawful purpose the public interests may require, except that they shall not be used to meet deficiencies in the Cur- rent revenues. That United States notes When re- deemed in accordance with the provisions Of this Sec- tion shall be reissued, but shall be held in the reserve fund until exchanged for gold, as herein provided; and the gold coin and bullion in the reserve fund, to- gether with the redeemed notes held for use as pro- vided in this section, shall at no time exceed the maxi- mum sum of one hundred and fifty million dollars. (March 14, 1900, c. 41, § 2, 31 Stat. 45.) See §§ 6557, 6562. - § 6482. Ilegal-tender quality of money not af- fected by aet—Nothing contained in this Act Shail be construed to affect the legal-tender quality as now provided by law of the silver dollar, or of any other money coined or issued by the United States. (March 14, 1900, c. 41, § 3, 31 Stat. 46.) - § 6483. Cancellation of Treasury notes on coinage of silver dollars and issue of silver cer- tificates—It shall be the duty of the Secretary of the Treasury, as fast as standard silver dollars are coined under the provisions of the Acts of July four- teenth, eighteen hundred and ninety, and June thir- teenth, eighteen hundred and ninety-eight, from bul- lion purchased under the Act of July fourteenth, eighteen hundred and ninety, to retire and cancel an equal amount of Treasury notes whenever received into the Treasury, either by exchange in accordance with the provisions of this Act or in the ordinary course of business, and upon the cancellation of Treas- ury notes silver certificates shall be issued against [Page 10521. - - the silver dollars so coined. (March 14, 1900, c. 41, § 5, 31 Stat. 47.) See §§ 6474-6479. - - § 6484. Denominations of silver certificates- Hereafter silver, certificates, shall be issued only Of denominations of ten dollars and under, except that not exceeding in the aggregate ten per centum Of the total volume of said certificates, in the discretion Of the Secretary of the Treasury, may be issued in de- nominations of twenty dollars, fifty dollars, and One hundred dollars; and silver certificates of higher de- nomination than ten dollars, except as herein pro- vided, shall, whenever received at the Treasury or re- deemed, be retired and canceled, and certificates Of de- nominations of ten dollars Or less shall be Substituted therefor, and after such substitution, in whole Or in part, a like volume of United States notes of less de- nomination than ten dollars shall from time to time be retired and canceled, and notes of denominations of ten dollars and upward shall be reissued in substitu- tion therefor, with like qualities and restrictions as those retired and canceled. (March 14, 1900, c. 41, § 7, 31 Stat. 47.) § 6485. Coinage of silver bullion into subsid- iary coins—The Secretary of the Treasury is hereby authorized to use, at his discretion, any silver bullion in the Treasury of the United States purchased under the Act of July fourteenth, eighteen hundred and nine- ty, for coinage into such denominations of Subsidiary silver coin as may be necessary to meet the public re- Quirements for such coin: Provided, That the amount of subsidiary silver coin outstanding shall not at any time exceed in the aggregate One hundred millions Of dollars. Whenever any silver bullion purchased Under the Act of July fourteenth, eighteen hundred and ninety, shall be used in the coinage of subsidiary silver Coin, an amount of Treasury notes issued under said Act equal to the cost of the bullion contained in such Coin shall be canceled and not reissued. (March 14, 1900, c. 41, § 8, 31 Stat. 47.) See §§ 6474-64.77. - § 6486. Recoinage of uncurrent subsidiary sil- ver coins—The Secretary of the Treasury is hereby authorized and directed to cause all worn and uncur- rent subsidiary Silver coin of the United States now in the Treasury, and hereafter received, to be recoined, and to reimburse the Treasurer Of the United States for the difference between the nominal Or face Value of such coin and the amount the same will produce in new coin from any moneys in the Treasury not other- wise appropriated. (March 14, 1900, c. 41, § 9, 31 Stat. 48.) - § 6487. International bimetallism—The provi- sions of this Act are not intended to preclude the ac- complishment of international bimetallism whenever Conditions shall make it expedient and practicable to Secure the same by COncurrent action. Of the leading Commercial nations Of the World and at a ratio which shall insure permanence of relative value between gold and silver. (March 14, 1900, c. 41, § 14, 31 Stat. 49.) • - § 6488. Limitation of amount of subsidiary silver coins removed—The authority given to the Secretary of the Treasury to coin subsidiary silver coin by the eighth section of an Act entitled “An Act to define and fix the Standard Of value, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for oth- er purposes,” approved March fourteenth, nineteen hundred, may hereafter be exercised without limita- tion as to the amount of such subsidiary coin out- standing. (March 3, 1903, c. 1007, § 1, 32 Stat. 1109.) See §§ 6480–6487. § 6489. Issue of United States notes of small denominations and retirement of notes of higher denominations—Whenever and SO long as the Out- standing silver certificates of the denominations of One dollar, two dollars, and five dollars, issued under the provisions of Section Seven of an Act entitled “An * t Tit. 37) 3 6501 COINAGE Act to define and fix the standard of Value, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for other purposes,” approved March fourteenth, nineteen hundred, shall be, in the opinion of the Secretary Of the Treasury, insufficient to meet the public demand therefor, he is hereby authorized to issue United States notes of the denominations of One dollar, tWO dollars, and five dollars, and upon the issue of United States notes of such denominations an equal amount of United States notes of higher denominations Shall be retired and canceled: Provided, however, That the aggregate amount of United States notes at any time outstanding shall remain as at present fixed by law: And provided further, That nothing in this Act shall be construed as affecting the right of any national bank to issue one-third in amount of its circulating notes of the denomination of five dollars, as now pro- vided by law. (March 4, 1907, c. 2913, § 2, 34 Stat. 1289.) * See § 6484. * . - § 6490. Paying out silver coins for gold coins —Silver coins [other than the trade-dollar] shall be paid out at the several mints, and at the assay-Office in New York City, in exchange for gold COinS at par, in sums not less than one hundred dollars. It shall be lawful, also, to transmit parcels of the same, from time to time, to the assistant treasurers, depositaries, and Other Officers Of the United States, under general regulations proposed by the Director of the Mint, and approved by the Secretary of the Treasury. Nothing herein contained shall, however, prevent the pay- ment of silver coins, at their nominal value, for sil- ver parted from gold, as provided in this Title, or for change less than one dollar in settlement for gold de- posits. (R. S. § 3527.) - Text in brackets superseded by repeal of laws authoriz- ing coinage of trade-dollar, by act March 3, 1887, c. 396, § 3, 24 Stat. 635. - § 6491. Exchange of subsidiary silver coin for lawful money—The holder of any of the silver Coins of the United States of Smaller denominations than One dollar, may, on presentation of the same in SumS of twenty dollars, or any multiple thereof, at the Office of the Treasurer or any assistant treasurer of the United States, receive therefor lawful, money of the United States. (June 9, 1879, c. 12, § 1, 21 Stat. 7.) § 64.92. Exchange of lawful money for subsid- iary silver coin—The Treasurer or any assistant treasurer of the United States who may receive any coins under the provision of this act shall exchange the same in sums of twenty dollars, or any multiple thereof, for lawful money of the United States, On demand of any holder thereof. (June 9, 1879, c. 12, § 2, 21 Stat. 8.) - § 6493. Free transportation of silver coin- That the Secretary of the Treasury be, and he is here- by, authorized and directed to transport free of charge silver coin when requested to do so : Provided, That an equal amount in coin or currency shall have been deposited in the Treasury by the applicant Or appli- cants. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 312.) § 6494. Purchase of metal for minor coinage; profit fund—For the purchase of metal for the minor Coinage authorized by this Act a sum not exceeding two hundred thousand dollars in lawful money of the United States shall, upon the recommendation of the Director of the Mint, and in such sums as he may designate, with the approval of the Secretary of the Treasury, be transferred to the credit of the Superin- tendents of the mints at Philadelphia, San Francisco, Denver, and New Orleans, at which establishments, until otherwise provided by law, such coinage shall be Carried on. The superintendents, with the approval of the Director of the Mint as to price, terms, and quantity, shall purchase the metal required for such Coinage by public advertisement, and the lowest and best bid shall be accepted, the fineness of the metals to be determined on the mint assay. The gain arising from the coinage of such metals into coin of a nomi- [Page 10531 spects conformable to law. nal Value, exceeding the cost thereof, shall be credited to the Special fund denominated the minor-coinage profit fund ; and this fund shall be charged with the Wastage incurred in such coinage, and with the cost of distributing said coins, as hereinafter provided. The balance remaining to the credit of this fund, and any balance Of the profits accrued from minor coin- age under former Acts, shall be, from time to time, and at least twice a year, covered into the Treasury Of the United States. (R. S. § 3528, amended, April 24, 1906, c. 1861, 34 Stat. 132.) § 6495. Delivery of minor coins; redemption— The minor coins authorized by this Act may, at the discretion of the Director of the Mint, be delivered in any Of the principal cities and the towns of the Unit- ed States, at the cost of the mints, for transportation, and shall be exchangeable at par at the mints named, at the discretion of the superintendents, for any other Coins of copper, bronze, or copper-nickel heretofore au- thorized, and it shall be lawful for the Treasurer and the Several assistant treasurers and depositaries of the United States to redeem, in lawful money, under Such rules as may be prescribed by the Secretary of the Treasury, all copper, bronze, and copper-nickel COinS authorized by law when presented in sums of not less than twenty dollars; and whenever, under this authority, these coins are presented for redemp- tion in such quantity as to show the amount outstand- ing to be redundant, the Secretary of the Treasury is authorized and required to direct that such coinage Shall Cease until otherwise authorized by him. (R. S. § 3529, amended, April 24, 1906, c. 1861, 34 Stat. 132.) § 6496. Cleaning, reissue, and recoinage of rminor coins—The Secretary of the Treasury is au- thorized to transfer to the United States mint at Philadelphia, for cleaning and reissue, any minor Coins now in, or which may be hereafter received at, the Subtreasury Offices, in excess of the requirement for the current business of said offices. (June 4, 1897, c. 2, § 1, 30 Stat. 27.) - - § 64.97. Transfer of bullion for formation in- to ingots—Parcels of bullion shall be, from time to time, transferred by the Superintendent to the melter and refiner. A careful record of these transfers, not- ing the weight and character of the bullion, shall be kept, and vouchers shall be taken for the delivery of the Same, duly receipted by the melter and refiner. The bullion thus placed in the hands of the melter and refiner shall be subjected to the several processes Which may be necessary to form it into ingots of the legal Standard, and of a quality suitable for coinage. (R. S. § 3530.) - * * , § 6498. Assay of ingots—The ingots so prepared Shall be assayed. If they prove to be within the limits allowed for deviation from the standard, the assayer Shall Certify the fact to the Superintendent, who shall thereupon receipt for the same, and transfer them to the coiner. (R. S. § 3531.) - § 6499. Delivery of ingots for coinage—The Superintendent shall, from time to time, deliver to the coiner ingots for the purpose of coinage. A careful record of these transfers, noting the weight and character of the bullion, shall be kept, and vouch- ers shall be taken for the delivery of the same, duly receipted by the coiner. The ingots thus placed in the hands of the coiner shall be subjected to the Several processes necessary to make from them coins in all re- (R. S. § 3532.) § 6500. Standard of ingots used for coinage— No ingots shall be used for Coinage which differ from the legal standard more than the following propor- tions, namely: In gold ingots, one-thousandth ; in silver ingots, three-thousandths; in minor-coinage al- loys, twenty-five thousandths, in the proportion of nickel. (R. S. § 3533.) . . § 6501. Preparation and stamping of bars for payment of deposits—The melter and refiner shall prepare all bars required for the payment of deposits; but the fineness thereof shall be ascertained and 3 6502 (Tit. 37 COINAGE IPage 1054] stamped thereon by the assayer. The melter and re finer shall deliver such bars to the Superintendent, who shall receipt for the same. (R. S. § 3534.) § 6502. Deviations allowed in adjusting weights; gold coins—In adjusting the Weights Of the gold coins, the following deviations shall not be exceeded in any single piece: In the double-eagle and the eagle, one-half of a grain; in the half-eagle, [the three-dollar piece, the quarter-eagle, [and the one- dollar piece, one-fourth of a grain. And in Weighing a number of pieces together, when delivered by the ent to the depositor, the deviation from the standard coiner to the superintendent, and by the Superintend- weight shall not exceed one hundredth of an ounce in five thousand dollars in double-eagles, eagles, half- eagles, or quarter-eagles, in one thousand thrée-dollar pieces, and in one thousand one-dollar pieces. (R. S. § 3535.) Text in brackets superseded by §§ 64.49, 6450. § 6503. Same; silver coins—In adjusting the weight of the silver coins the following deviations shall not be exceeded in any single piece: In the dol- lar, the half and quarter dollar, and in the dime, One and one-half grains. (R. S. § 3536, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249, and March 4, 1911, c. 267, 36 Stat. 1354.) § 6504. Same; minor coins—In adjusting the weight of the minor coins provided by this Title, there shall be no greater deviation allowed than three grains for the five-cent piece and two grains ..for the [three] and one-cent pieces. (R. S. § 3537.) - Text in brackets superseded by §§ 6449, 6450. § 6505. Delivery of coins by coiner and trial of pieces—The coiner shall, from time to time, as coins are prepared, deliver them to the Superintendent, who shall receipt for the same, and who shall keep a care- ful record Of their kind, number, and actual weight. In receiving coins it shall be the duty of the Superin- tendent to ascertain, by the trial of a number of sin- gle pieces separately, whether the coins Of that deliv- ery are within the legal limits of the standard weight ; and if his trials for this purpose shall not prove satis- factory, he shall cause all the coins of such delivery to be weighed Separately, and Such as are not Of legal weight shall be defaced and delivered to the melter and refiner as standard bullion, to be again formed into ingots and recoined; or the whole delivery may, if more convenient, be remelted. (R. S. § 3538.) § 6506. Sealing and transmitting trial pieces —At every delivery of coins made by the coiner to a superintendent, it shall be the duty of Such Superin- tendent, in the presence of the assayer, to take indis- criminately a certain number of pieces of each variety for the annual trial of coins, the number for gold coins being not less than one piece for each One thou- sand pieces or any fractional part of one thousand pieces delivered; and for silver coins one piece for each two thousand pieces Or any fractional part Of two thousand pieces delivered. The pieces so taken shall be carefully sealed up in an envelope, properly labeled, stating the date of the delivery, the number and denomination of the pieces inclosed, and the amount of the delivery from which they Were taken. These sealed parcels containing the reserved pieces shall be deposited in a pyx, designated for the purpose at each mint, which shall be kept under the joint care of the Superintendent and assayer, and be SO Secured that neither can have access to its contents Without the presence of the other, and the reserved pieces in their sealed envelopes from the Coinage of each mint shall be transmitted quarterly to the Mint at Phila- delphia. A record shall also be kept at the same time of the number and denomination of the pieces so taken for the annual trial Of Coins, and of the number and denomination of the pieces represented by them and so delivered, a copy of which record shall be trans- mitted quarterly to the Director of the Mint. Other pieces may, at any time be taken for such tests as the Director of the Mint shall prescribe. (R. S. § 3539.) § 6507. Disposals of clippings—The coiner shall, from time to time, deliver to the Superintendent the Clippings and other portions of bullion remaining after the process of coining; and the superintendent shall receipt for the same and keep a careful record of their Weight and character. (R. S. § 3540.) § 6508. Yearly settlement of accounts of coin- er, melter, and refiner—The superintendent shall debit the coiner with the amount in weight of Stand- ard metal of all the bullion placed in his hands, and credit him with the amount in weight of all the COinS, clippings, and other bullion returned by him to the superintendent. Once at least in every year, and at such time as the Director of the Mint shall appoint, there shall be an accurate and full settlement of the accounts of the coiner, and the melter and refiner, at which time those officers shall deliver up to the Super- intendent all the coins, clippings, and other bullion in their possession, respectively, accompanied by State- ments of all the bullion delivered to them since the last annual settlement, and all the bullion returned by them during the same period, including the amount returned for the purpose of settlement. (R. S. § 3541.) § 6509. Allowance for wastage—When all the coins, clippings, and other bullion have been delivered to the Superintendent, it shall be his duty to ex- amine the accounts and statements rendered by the Coiner and the melter and refiner. The difference between the amount charged, and credited to each officer shall be allowed as necessary wastage, if the Superintendent shall be satisfied that there has beell a bona-fide waste of the precious metals, and if the amount shall not exceed, in the case of the melter and refiner, one-thousandth of the whole amount of gold, and one and One-half thousandths of the Whole amount of silver delivered to him since the last an- nual settlement, and in the case of the COiner, One- thousandth of the whole amount of silver, and One- half thousandth Of the whole amount of gold that has been delivered to him by the superintendent. All copper used in the alloy of gold and silver bullion shall be separately charged to the melter and refiner, and accounted for by him. (R. S. § 3542.) - § 6510. Statement of balance-sheet forward- ed to Director of Mint—It shall also be the duty of the superintendent to forward a correct statement of his balance-sheet, at the close of such settlement, to the Director of the Mint; who shall compare the total amount of gold and silver bullion and Coin On hand with the total liabilities of the mint. At the same time a statement of the Ordinary expense a C- count, and the moneys therein, shall also be made by the superintendent. (R. S. § 3543.) § 6511. Delivery of coin or bars to depositor- When the coins or bars which are the equivalent to any deposit of bullion are ready for delivery, they shall be paid to the depositor, or his Order, by the su- perintendent; and the payments shall be made, if de- manded, in the order in which the bullion Shall have been brought to the mint. In cases, however, where there is delay in manipulating a refractory deposit, or for any other unavoidable cause, the payment Of subsequent deposits, the Value Of Which 1s known, shall not be delayed thereby. In the denominations of coin delivered, the superintendent Shall comply. With the wishes of the depositor, except when impracticable or inconvenient to do so. (R. S. § 3544.) § 6512. Payment in money to depositors when value ascertained-For the purpose of enabling the mints and the assay-office in NeW YOrk to make I'ê- turns to depositors with as little delay as possible. it shall be the duty of the Secretary of the Treasury to keep in such mints and assay-office, when the state of the Treasury will admit thereof, such an amount of public money, or bullion procured for the purpose, as he shall judge convenient and necessary. out of which those who bring bullion to the Said mints and assay-office may be paid the Value thereof, Tit. 37) # 6521 COINAGE IPage 10551 in coin or bars, as soon as practicable after the value has been ascertained. On payment thereof being made, the bullion so deposited shall become the prop- erty of the United States. The Secretary of the Treasury may, however, at any time withdraw the fund or any portion thereof. (R. S. § 3545.) § 6513. Payment for bullion in coin certifi- cates—For the purpose of enabling the several mints and assay-Offices of the United States to make re- turns to depositors with as little delay as possible, the proVisions of section thirty-five hundred and forty- five of the Revised Statutes of the United States Shall hereafter apply to the several mints and as- Say-Offices of the United States; and the Secretary Of the Treasury is hereby authorized to use, as far as he may deem it proper and expedient, for payment to depositors of bullion at the several mints and as- Say-Offices, coin certificates, representing coin in the Treasury, and issued under the provisions of section two hundred and fifty-four of the Revised Statutes of the United States; all of Said acts and duties to be performed under such rules and regulations as shall be prescribed by the Secretary of the Treasury. And it shall be lawful to apply the moneys arising from Charges Collected from depositors at the several mints and assay-offices pursuant to law, to defraying the expenses thereof, including labor, material, Wastage, and use of machinery. (June 19, 1878, c. 329, § 1, 20 Stat. 191.) - See §§ 6514, 6516. § 6514. Repeal of provision for payment for bullion in coin certificates at assay-offices other than in New York—So my propriations for the legislative, executive, and ju- dicial expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy- nine, and for other purposes,” approved June nine- teenth, eighteen hundred and seventy-eight, as au- thorizes the Secretary of the Treasury to issue coin Certificates in exchange for bullion deposited for coin- age at mints and assay-Offices other than those men- tioned in section thirty-five hundred and forty-five Of the Revised Statutes, be, and the same is hereby, repealed ; said repeal to take effect at the end of the present fiscal year. (March 3, 1879, c. 182, § 1, 20 Stat. 383.) § 6515. Exchange of unparted bullion for fine bars—Unparted bullion may be exchanged at any Of the mints for fine bars, on such terms and condi- tions as may be prescribed by the Director of the Mint, with the approval of the Secretary of the Treas- | ury. The fineness, weight, and value of the bullion received and given in exchange shall in all cases be determined by the mint assay. The charge to the depositor for refining or parting shall not exceed that allowed and deducted for the same Operation in the exchange of unrefined for refined bullion. (R. S. §: 3546.) - § 6516. Refining and parting of bullion at mints and New York assay-office; exchange of unparted builion for fine bars—Refining and part- ing of bullion shall be carried on at the mints Of the United States and at the assay-Office at New York. And it shall be lawful to apply the moneys arising from charges collected from depositors for these Op- erations pursuant to law so far as may be necessary to the defraying in full of the expenses thereof, in- cluding labor, materials, and wastage; but no part of the moneys otherwise appropriated for the Sup- port of the mints and the assay-office at New York shall be used to defray the expenses Of refining and parting bullion; but when the bullion received shall not, in the aggregate, be in such proportion of gold and silver as to admit of economical parting, or the necessary supplies of acids cannot be procured at reasonable rates, unparted bullion may be exchanged for fine bars, as provided in section thirty-five hun- dred and forty-six of the Revised Statutes of the much of the act “making ap- United States. (June 19, 1878, c. 329, § 1, 20 Stat. 191.) See §§ 6513, 65.17, 6691. § 65.17. Same—Refining and parting of bullion shall be carried on at the Coinage mints of the United . States and at the assay Office at New York, and it shall be lawful to apply the moneys arising from charges collected from depositors for these Opera- tions, and also the proceeds of sale of by-products (spent acids arising from any surplus bullion re- covered in parting and refining processes), pursuant to law, so far as may be necessary, to defraying in full the expenses thereof, including labor, material, wastage, and loss on sale of sweeps. But no part of the moneys appropriated for the support of the coin- age mints and assay office at New York shall be used to defray the expenses of parting and refining bul- lion. (July 7, 1898, c. 571, § 1, 30 Stat. 661.) § 6518. Assay-commissioners—TO Secure a due Conformity in the gold and silver coins to their re- spective standards of fineness and weight, the judge Of the district Court for the eastern district of Penn- Sylvania, the Comptroller of the Currency, the as- Sayer of the assay-Office at New York, and such other persons as the President shall, from time to time, designate, shall meet as assay-Commissioners, at the Mint in Philadelphia, to examine and test, in the pres- ence of the Director of the Mint, the fineness and Weight of the coins reserved by the several mints for this purpose, on the second Wednesday in February, annually, and may continue their meetings by ad- journment, if necessary. If a majority of the com- missioners fail to attend at any time appointed for their meeting, the Director of the Mint shall call a meeting of the Commissioners at such other time as he may deem convenient. If it appears by such ex- amination and test that these coins do not differ from the standard fineness and weight by a greater quan- tity than is allowed by law, the trial shall be Con- sidered and reported as satisfactory. If, however, any greater deviation from the legal standard or Weight appears, this fact shall be certified to the Pres- ident; and if, On a view of the circumstances Of the Case, he shall so decide, the Officers implicated in the error shall be thenceforward disqualified from hold- ing their respective offices. (R. S. § 3547.) § 6519. Standard troy pound of Bureau of Standards to be standard for regulation of coin- age—For the purpose of securing a due conformity in Weight of the coins of the United States to the pro- Visions of the laws relating to coinage, the standard troy pound Of the Bureau of Standards of the United States shall be the standard troy pound of the mint of the United States, conformably to which the coinage thereof shall be regulated. (R. S. § 3548, amended, March 4, 1911, c. 268, § 1, 36 Stat. 1354.) § 6520. Standard weights for mints and as- say-offices—It shall be the duty Of the Director of the Mint to procure for each mint and assay office, to be kept safely thereat, a series of standard weights COrresponding to the standard troy pound Of the Bu- reau of Standards of the United States, consisting of a One-pound weight and the requisite Subdivisions and multiples thereof, from the hundredths part of a grain to twenty-five pounds. The troy weight ordinarily employed in the transactions Of Such mints and as- say offices shall be regulated according to the above standards at least Once in every year, under the in- spection of the Superintendent and assayer; and the accuracy of those used at the Mint at Philadelphia shall be tested annually, in the presence Of the assay Commissioners, at the time of the annual examina- tion and test of Coins. (R. S. § 3549, amended March 4, 1911, c. 268, § 2, 36 Stat. 1354.) § 6521. Destruction of obverse working-dies— The obverse working-dies at each mint shall, at the end of each calendar year, be defaced and destroyed by the coiner in the presence of the superintendent and assayer. (R. S. § 3550.) § 6522 (Tit. 37 COINAGE} IPage 1056I - - - § 6522. National and other medals struck at Philadelphia Mint—Dies of a national Character may be executed by the engraver, and national and Other medals struck by the coiner of the Mint at Phil- adelphia, under such regulations as the Superintend- ent, with the approval of the Director of the Mint, may prescribe. Such work shall not, however, inter- fere with the regular coinage operations, and no pri- vate medal dies shall be prepared at any mint, Or the machinery or apparatus thereof be used for that pur- pose. (R. S. § 3551.) - , § 6523. Money arising from charges and de- ductions covered into Treasury—The moneys aris- ing from all charges and deductions On and from gold and silver bullion and the manufacture of medals, and from all other sources, except as provided by this Title, shall, from time to time, be covered into the Treasury, and no part of such deductions or medal charges, or profit on silver or minor coinage, shall be expended in salaries or wages. . All expenditures Of the mints and assay-Offices, not herein otherwise provided for, shall be paid from appropriations made by law on estimates furnished by the Secretary of the Treasury. (R. S. § 3552.) § 6524. Business of assay-office at New York— The business of the United States assay-office at New York shall be in all respects similar to that of the mints, except that bars Only and not coin, Shall be manufactured therein ; and no metals shall be pur- chased for minor coinage. . All bullion intended by the depositor to be converted into coins, of the United States, and silver bullion purchased for coinage, when assayed, parted, and refined, and its net value certi- fied, shall be transferred to the Mint at Philadelphia, under Such directions as shall be made by the Sec- retary of the Treasury, at the expense of the con- tingent fund of the Mint, and shall be there coined, and the proceeds returned to the assay-Office. And the Secretary of the Treasury is hereby authorized to make the necessary arrangements for the adjust- ment of the accounts upon such transfers between the respective offices. (R. S. § 3553.) § 6525. Transfer of gold mint bars from New York assay-office to assistant treasurer’s office; redemption of coin certificates or exchange for gold coins—The Secretary of the Treasury may, from time to time, transfer to the Office Of the ASSistant Treasurer at New York from the bullion fund Of the assay office at New York, refined gold bars bearing the United States Stamp Of fineness, weight and value, Or bars from any melt of foreign gold coin or bul- lion of standard equal to Or above that Of the United States and may apply the same to the redemption of coin certificates or in exchange for gold coins at not less than par and not less than the market value . subject to such regulations as he may prescribe. (June 22, 1874, c. 419, 18 Stat. 202.) § 6526. Officers at New York assay-office; ap- pointment—The officers of the assay-office at New York shall be a Superintendent, an a SSayer, and a melter and refiner; each of whom shall be appointed by the President, by and with the advice and con- sent of the Senate. (R. S. § 3554.) § 6527. Same; duties—The duties of the Super- intendent, the assayer, and the melter and refiner Of the assay-Office at New York shall correspond to those of Superintendents, assayers, and melters and refiners of mints; and all the provisions of this Ti- tle relating to mints and their officers, the duties and responsibilities of such officers, and others employed therein, the Oaths to be taken, and the bonds and Sureties to be given by them, shall extend, as far as the same may be applicable, to the assay-office at New York, and to its officers, clerks and employés. (R. S. § 3555.) § 6528. Same; salaries—The officers of the as- say-Office at New York shall be entitled to the fol- lowing Salaries: First. The Superintendent, to four thousand five hundred dollars a year. - - Second. The assayer, to three thousand dollars a year. - Third. The melter and refiner, to three thousand dollars. (R. S. § 3556.) § 6529. Appointment and salaries of as- sistants and employés—The appointment and com- pensation of assistants, clerks, and workmen in the assay-office at New York shall be regulated in the Same manner as is prescribed in regard to mints. (R. S. § 3557.) - § 6530. Business of Denver mint and assay- offices at Boise City and Charlotte—The business of the mint of the United States at Denver, while Conducted as an assay-office, that of the United States assay-Office at Boise City, and that of any other assay- Offices hereafter established, shall be confined to the receipt of gold and silver bullion, for melting and as- Saying, to be returned to depositors of the same, in bars, With the weight and fineness stamped thereon. (R. S. § 3558.) .. See § 6416. - § 6531. Appointment of officers at Denver, Boise City, and Charlotte—The officers of the as- Say-Offices embraced by the preceding section shall be, When their respective services are required, an as- Sayer and a melter; each of whom shall be appointed by the President, by and with the advice and consent Of the Senate. Their salaries shall not exceed two ºnd five hundred dollars a year each. (R. S. § 9.) See § 6530. Current appropriations for assay offices, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1093. § 6532. Powers and duties of assayers at as- say-offices; compensation of employés—The as- Sayer at each of the assay-offices embraced by section thirty-five hundred and fifty-eight, shall have gen- eral Charge of the office; and may employ, under the direction of the Director of the Mint, such, clerks, WOrkmen, and laborers as may be authorized there- for by law; and shall discharge the duties of disburs- ing agent for the expenses of the office under his Charge. The salaries paid to clerks shall not exceed One thousand eight hundred dollars a year each. Workmen and laborers shall receive such wages as are Customary according to their respective stations and occupations. (R. S. § 3560.) See § 6530. § 6533. Bond and oath of officers and clerks— Each Officer and clerk appointed at either of the as- Say-Offices embraced by section thirty-five hundred and fifty-eight shall, before entering upon the duties of his office, take an oath pursuant to the provisions of Title XIX, “Provisions applicable to several classes of officers,” and shall give a bond to the United States, With One or more Sureties, satisfactory to the Direc- tor of the Mint or to one of the judges of the su- preme Court of the State Or Territory in which the office to which he is appointed is locateſſ, Conditioned for the faithful performance of his duties. (R. S. § 3561, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319, and Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) See § 6530. Oaths and bonds, see §§ 6437, 6438. § 6534. Laws relating to mints extended to assay-offices—All provisions of law for the regula- tion of mints, the government of officers and persons employed therein, and for the punishment of all of fenses CODnected With mints Or COinage, Shall extend to all assay-Offices, as far as applicable. (R. S. § 3562.) § 6535. Deeimal system established—The mon- ey of account of the United States shall be expressed in dollars or units, dimes Or tenths, Cents, or hun- dredths, and mills or thousandths, a dime being the tenth part of a dollar, a cent the hundredth part of a dollar, a mill the thousandth part of a dollar; and all accounts in the public offices and all proceedings in the courts shall be kept and had in Conformity to this regulation. (R. S. § 3563.) Tit. 38) 3 6542 THE CURRENCY (R. S. § 3564. Superseded.) This section provided that the value of foreign coin as expressed in the money of account of the United States [Page 1057I - - - should be that of the pure metal of such coins of standard value, and that the values of such standard coins in Cir- culation should be estimated and proclaimed annually. It was superseded by Act Oct. 1, 1890, c. 1244, § 52, 26 Stat. 624, which contained similar provisions, but required the estimation and proclamation of values to be made quar- terly ; and these provisions were superseded by those of Act Aug. 27, 1894, c. 349, § 25 (§ 6536), which were identical in language, with additional provisions that the values So proclaimed should be followed in estimating the Value of foreign merchandise subject to duty. § 6536. Value of foreign coins; tained—The Value of foreign coin as expressed in the money of account of the United States shall be that Of the pure metal Of Such COin Of Standard Value; and the values of the standard coins in circulation of the various nations of the world shall be estimated Quarterly by the Director of the Mint, and be pro- Claimed by the Secretary of the Treasury immediately after the passage of this Act and thereafter quarter- ly on the first day of January, April, July, and Octo- ber in each year. And the values so proclaimed shall be followed in estimating the value of all foreign mer- chandise exported to the United States during the quarter for which the value is proclaimed, and the date of the consular certification of any invoice shall, for the purposes of this section, be considered the date of exportation: Provided, That the Secretary of the Treasury may order the reliquidation of any entry at a different value, whenever satisfactory evi- dence shall be produced to him showing that the value in United States currency of the foreign money specified in the invoice was, at the date of certification, at least ten per centum more or less than the value how ascer- proclaimed during the quarter in which the consular certification occurred. (Aug. 27, 1894, c. 349, § 25, 28 Stat. 552.) § 6537. Same; sovereign or pound sterling— In all payments by or to the Treasury, whether made here Or in foreign Countries, where it becomes neces- sary to compute the value of the Sovereign or pound Sterling, it shall be deemed equal to four dollars sued in circulation, be coined anew. eighty-six cents and six and one-half mills, and the same rule shall be applied in appraising merchandise imported where the value is, by the invoice, in sov- ereigns or pounds sterling, and in the construction of Contracts payable in sovereigns or pounds Sterling; and this valuation shall be the par of exchange be- tween Great Britain and the United States; and all contracts made after the first day of January, eighteen hundred and seventy-four, based on an assumed par of exchange with Great Britain of fifty-four pence to the dollar, or four dollars forty-four and four-ninths cents to the sovereign or pound sterling, shall be null and void. (R. S. § 3565.) § 6538. Recoinage of foreign coins—All for- eign gold and silver coins received in payment for moneys due to the United States shall, before being iS- (R. S. § 3566.) § 6539. Spanish and Mexican coins—The pieces commonly known as the quarter, eighth, and Sixteenth of the Spanish pillar-dollar, and Of the Mexican dollar, shall be receivable at the Treasury of the United States, and its several offices, and at the several post-offices and land-offices, at the rates of valuation following: the fourth of a dollar, or piece of two reals, at twenty cents; the eighth of a dollar, or piece of one real, at ten cents; and the sixteenth of a dollar, or half-real, at five cents. (R. S. § 3567.) § 6540. Same; transmission for recoinage- The Director of the Mint, with the approval of the Secretary of the Treasury, may prescribe such regu- lations as are necessary and proper, to secure the transmission of the coins mentioned in the preceding Section to the Mint for recoinage, and the return Or distribution of the proceeds thereof, when deemed expedient, and may prescribe such forms of account as are appropriate and applicable to the circumstances. The expenses incident to Such transmission or dis- tribution, and Of recoinage, shall be charged against the account of silver profit and loss, and the net profits, if any, shall be paid, from time to time, into the Treasury. (R. S. § 3568, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) TITLE XXXVIII—THE CURRENCY Sec. 6541. United States notes. r 6542. Issue of subsidiary silver coins in redemption of frac- tional currency. 6543. Redemption of legal-tender notes; issue and sale of bonds; repeal. - 6544. Issue of silver coins in redemption of fractional curren- cy; disposition of currency redeemed. 6545. Issue of silver coin in exchange for legal-tender notes; reissue of legal—tender notes on retirement of frac- tional currency; destruction of fractional currency. 6546. Issue of subsidiary coin in redemption of fractional cur- rency. 6547. Purchase of silver bullion; seigniorage; limitation of purchase. - 6548. Redemption of fractional currency. 6549. Portraits of living persons on bonds or notes. 6550. Names inscribed under portraits. 6551. Engraving and printing notes. - 6552. Expenses of issuing notes. 6553. Engraving and printing notes, currency, and securities, by contract and in Treasury Department. 6553a. Distinctive paper for United States securities; con- tracts for. 6553b, Same; consolidation of stock accounts of. - 6554. Engraving and printing notes, bonds, and other securi tjes, in Treasury Department. - 6555. Bonds, notes, and checks; printing on hand-roller presses. 6556. Same; printing on presses directed by Secretary of Treasury; internal revenue stamps. 6556a. Same; printing as directed by Secretary of Treasury; presses used for intaglio plates operated by plate printers; suspension of prior acts. 6557. Reissue of United States notes. 6558. Replacing mutilated notes. 6559. Destruction of notes. 6560. Same. - 6561. Reduction of currency suspended. COMP. ST.’18—67 | Sec. 6562. Further cancellation or retirement of legal-tender notes prohibited. 6563. Limitation of amount of United States notes in circula- - tion. - 6564. Deposits of gold. 6565. Same; receiving by superintendents of mints or assay- ers of assay-offices. 6566. Deposits of gold coin. 6567. Same; gold certificates. 6568. Counterfeit notes to be marked. 6569. State taxation. • , - 6570. Same; national banks not affected. § 6541. United States notes—United States notes shall be of such denominations, not less than one dollar, as the Secretary of the Treasury may pre- scribe, shall not bear interest, shall be payable to bearer, and shall be in such form as the Secretary may deem best. (R. S. § 3571.) (R. S. §§ 3572—3575. Obsolete.) Section 3572, limited the fractional currency to an amount not to exceed $50,000,000. § 3573 prohibited the is- sue of fractional currency in denominations less than ter? cents. § 3574 provided for the form of the notes of the fractional currency, and that they should be receivable for postage and revenue stamps and all dues to the United States except customs, and authorized their redemption under regulations of the Secretary of the Treasury. § 3575 authorized the Secretary of the Treasury to provide for the engraving, etc., of such notes, and their redemption when mutilated and defaced, and for the receipt of such notes in payment of debts due the United States, except customs. These four sections are omitted, as obsolete. § 6542. Issue of subsidiary silver coins in re- demption of fractional currency—The Secretary of 4 6543 (Tit. 38 THE CURRENCY IPage 10581 3. the Treasury is hereby authorized and required, as rapidly as practicable, to cause to be coined at the mints of the United States, silver coins of the de- nominations of ten, twenty-five, and fifty cents, of Standard value, and to issue them in redemption of an equal number and amount of fractional currency Of similar denominations, or, at his discretion, he may issue such silver coins through the mints, the Subtreasuries, public depositaries, and post-offices of the United States; and, upon such issue, he is here- by authorized and required to redeem an equal amount Of such fractional currency, until the whole amount of Such fractional Currency outstanding shall be redeem- ed. (Jan. 14, 1875, c. 15, § 1, 18 Stat. 296.) § 6543. Redemption of legal-tender notes; issue and sale of bonds; repeal—On and after the first day of January, anno Domini eighteen hundred and seventy-nine, the Secretary of the Treasury shall redeem in Coin, the United States legal-tender notes then Outstanding on their presentation for redemption, at the Office Of the assistant treasurer of the United States in the city of New York and the city of San Francisco, California, in sums of not less than fifty dollars. And to enable the Secretary of the Treasury to prepare and provide for the redemption in this act authorized or required, he is authorized to use any surplus revenues, from time to time, in the Treasury not otherwise appropriated, and to issue, sell, and dispose of, at not less than par, in coin, either of the descriptions of bonds of the United States describ- ed in the act of Congress approved July fourteenth, eighteen hundred and seventy, entitled “An act to au- thorize the refunding of the national debt,” with like qualities, privileges, and exemptions, to the ex- teñt necessary to carry this act into full effect, and to use the proceeds thereof for the purposes aforesaid. And all provisions of laws inconsistent with the pro- visions of this act are hereby repealed. (Jan. 14, 1875, c. 15, § 3, 18 Stat. 296, amended, Act March 3, 1887, c. 378, § 3, 24 Stat. 560.) § 6544. Issue of silver coins in redermption of fractional currency; disposition of currency re- deemed—The Secretary of the Treasury is hereby directed to issue Silver COinS Of the United States Of the denomination of ten, twenty, twenty-five and fifty Cents Of Standard value, in redemption of an equal amount Of fractional currency, whether the same be now in the Treasury awaiting redemption, or when- ever it may, be presented for redemption; and the Secretary of the Treasury may, under regulations of the Treasury Department, provide for such redemp- tion and issue by Substitution at the regular sub- treasuries and public depositories of the United States until the whole amount of fractional currency out- standing shall be redeemed. And the fractional cur- rency redeemed under this act shall be held to be a part of the sinking-fund provided for by existing law, the interest to be computed thereon as in the Case Of bonds redeemed under the act relating to the sink- ing-fund. (April 17, 1876, c. 63, § 2, 19 Stat. 33.) § 6545. Issue of silver coin in exchange for legal-tender notes; reissue of legal-tender notes on retirernent of fractional currency; destruc- tion of fractional currency—The Secretary of the Treasury, under such limits and regulations as will best secure a just and fair distribution of the same through the country, may issue the Silver Coin at any time in the Treasury to an amount not exceeding ten million dollars, in exchange for an equal amount Of legal-tender notes; and the notes so received in ex- change shall be kept as a special fund separate and apart from all other money in the Treasury, and be re-issued only upon the retirement and destruction of a like sum of fractional currency received at the Treasury in payment of dues to the United States; and said fractional currency, when so substituted, shall be destroyed and held as part of the sinking fund, as provided in the act approved April seven- essary for this purpose. teen, eighteen hundred and seventy-six. (July 22, 1876, No. 17, § 1, 19 Stat. 215.) : § 6546. Issue of subsidiary coin in redemption of fractional currency—In addition to the amount of Subsidiary silver coin authorized by law to be is- Sued in redemption of the fractional currency it shall be lawful to manufacture at the several mints, and issue through the Treasury and its several offices, Such Coin, to an amount, that, including the amount of subsidiary silver coin and of fractional currency Outstanding, shall, in the aggregate, not exceed, at any time, fifty million dollars. (July 22, 1876, No. 17, § 3, 19 Stat. 215.) - - § 6547. Purchase of silver bullion; seignior- age; limitation of purchase—The silver bullion re- quired for the purposes of this resolution shall be purchased, from time to time, at market-rate, by the Secretary of the Treasury, with any money in the Treasury not otherwise appropriated; but no pur- Chase of bullion shall be made under this resolution When the market-rate for the same shall be such as will not admit of the coinage and issue, as herein pro- vided, without loss to the Treasury; and any gain or Seigniorage arising from this coinage shall be account- ed for and paid into the Treasury, as provided under existing laws relative to the subsidiary coinage: Pro- Vided, That the amount of money at any one time in- vested in such silver bullion, exclusive of such re- Sulting Coin, shall not exceed two hundred thousand dollars. (July 22, 1876, No. 17, § 4, 19 Stat. 215.) See §§ 6453, 6454, 6473–6486. § 6548. Redemption of fractional currency— Fractional currency presented for redemption shall be redeemed in any moneys in the Treasury not other- ...” appropriated. (June 21, 1879, c. 34, § 3, 21 Stat. 30.) - § 6549. Portraits of living persons on bonds or notes—NO portrait Shall be placed upon any Of the bonds, securities, notes, fractional or postal currency of the United States, while the original of such por- trait is living. (R. S. § 3576.) § 6550. Names inscribed under portraits— Hereafter the name of each person whose portrait shall be placed upon any of the plates for bonds, secu- rities, notes and silver certificates of the United States shall be inscribed below such portrait. (March 2, 1889, c. 411, § 1, 25 Stat. 945.) § 6551. Engraving and printing notes—The Secretary of the Treasury may cause notes to be en- graved, printed, and executed, at the Department of the Treasury in Washington, and under his direction, if he deems it inexpedient to procure them to be en- graved and printed by contract ; and he may purchase and provide all the machinery and materials, and em- ploy such persons and appoint such officers as are nec- (R. S. § 3577.) § 6552. Expenses of issuing notes—The neces- sary expenses of engraving, printing, preparing, and issuing the United States notes, Treasury notes, and fractional notes shall be paid out of any money in the Treasury not otherwise appropriated ; but no extra compensation for preparing, signing, or issuing such notes shall be allowed to any Officer whose salary is fixed by law. (R. S. § 3578.) § 6553. Engraving and printing notes, cur- rency, and securities, by contract and in Treas- ury Department—For * * expenses of engraving and printing notes, bonds, and other securities of the United States. * * Provided, That the above-nam- ed notes, currency, and other securities of the United States be executed with not leSS than three plate-print- ings: And provided further, That the Secretary of the Treasury shall have executed one or two of such printings by Such responsible and Capable and experi- enced bank-note companies Or bank-note engravers as may contract for the same at the lowest cost to the Government, and at prices not greater than those here- tofore paid for the same class, of work; no company or establishment executing more than One printing up- Tit. 38) & 6563 **- - THE CURRENCY IPage 1059] - on the same note or obligation, and the final printing and finishing to be executed in the Treasury Depart- ment. * * (March 3, 1875, c. 130, § 1, 18 Stat. 373.) § 6553a. Distinctive paper for United States securities; contracts for—Distinctive paper for TJnited States Securities: * * The Secretary of the Treasury is authorized, in his discretion, to enter into a Contract for the manufacture of distinctive paper for a period not to exceed four years. (July 1, 1916, c. 209, § 1, 39 Stat. 277.) - § 6553b. Same; consolidation of stock ac- counts of.-The Secretary of the Treasury is author- ized to Consolidate the Stock accounts of distinctive . paper for United States currency and for national- bank and Federal Reserve Bank Currency, Same to be held for issue on the basis of printing authorized by Congress. (June 12, 1917, c. 27, § 1, 40 Stat. 119.) § 6554. Engraving and printing notes, bonds, and other securities, in Treasury Department— Tor labor and expenses of engraving and printing, namely: For * * engraving and printing notes, bonds, and other securities of the United States × -k Provided, The work be performed at the Treasury Department, and provided further, that it can be done as cheaply, as perfectly, and as safely and all Contracts already made shall be faithfully Car- ried out. * * (March 3, 1877, c. 105, 19 Stat. 353.) § 6555. Bonds, notes, and checks; printing on hand-roller presses—Engraving and Printing. Here- after all bonds, notes, and checks shall be printed from hand-roller presses. (July 1, 1898, c. 546, § 1, 30 Stat. 605.) § 6556. Same; printing on presses directed by Secretary of Treasury; internal revenue stamps —Hereafter the proviso of the Act of July first, eight- een hundred and ninety-eight (Thirtieth Statutes at Large, page six hundred and four), directing that all bonds, notes, and checks shall be printed on hand- roller presses shall not apply to checks, the backs and tints of all United States bonds, the backs and tints of all United States paper money, and the backs and tints of bonds and paper money issued by any of the insular possessions of the United States, any or all of which shall be printed from intaglio plates and On Such plate printing presses as may be directed by the Secretary of the Treasury, said presses to be Operated by plate printers, except that checks and tints may be printed by any desired process: Provided, That the backs of all United States paper money shall be printed from four-subject plates, and the faces of all internal-revenue stamps now printed from intaglio plates on hand-roller or power plate printing presses shall continue to be printed from intaglio plates On hand-roller or power plate printing presses, as the Secretary Of the Treasury may determine, said presses to be operated by plate printers: Provided further, That should the Secretary of the Treasury decide to print on the aforesaid power plate printing presses. any of the classes of work hereinbefore permitted to be printed on such presses, not more than one-fifth of the total number of hand-roller presses required to produce the estimated quantity of such work in any fiscal year shall be displaced in such fiscal year: Provided further, That the Secretary of the Treasury may, in his discretion, apply motors to hand-roller presses that are now, or may hereafter be, Operated in the Bureau of Engraving and Printing, but such presses, if equipped with motors, shall be regarded as hand-roller presses within the meaning of this Act. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 430.) See § 6555. - § 6556a. retary of Treasury; presses used for intaglio plates operated by plate printers; suspension of prior acts—The Secretary of the Treasury is hereby authorized, during the continuance of the war with Germany, to have all bonds, notes, checks, or other printed papers, now or hereafter authorized to be executed by the Bureau of Engraving and Printing amounts. Same; printing as directed by Sec- Of the Treasury Department, printed in such manner and by whatever process and on any style of presses that he may consider suitable for the issue of such securities and other papers in the form that will prop- erly Safeguard the interests of the Government, except that Such presses as are used in printing from intagl: io plates shall be operated by plate printers: Pro vided, That in the execution of such work only such part of it shall be transferred from the present meth- od of executing it as will permit of the retention itſ the service of such permanent plate printers as are: now engaged in the execution of such work, or Such temporary plate printers, similarly employed and Who can qualify under civil-service regulations for perma- nent appointment, and all Acts or parts of Acts here- tofore enacted relative to the use of power and hand presses in the printing of securities of the Government are hereby suspended and declared to be not in effect during the continuance of said war, and at the termi- nation of the war such Acts or parts of Acts shall be in effect and force as heretofore. (Oct. 6, 1917, c. 79, § 1, 40. Stat. 349.) § 6557. Reissue of United States notes—When any United States notes are returned to the Treasury, they may be re-issued, from time to time, as the exi- gencies of the public interest may require. (R. S. § 3579.) - See §§ 6562, 6567. . § 6558. Replacing mutilated notes—When any TJnited States notes returned to the Treasury are SO mutilated or otherwise injured as to be unfit for use, the Secretary of the Treasury is authorized to re- place the same with others of the same character and (R. S. § 3580.) - § 6559. Destruction of notes—Mutilated United States notes, when replaced according to law, and all other notes which by law are required to be taken up, and not re-issued, when taken up, shall be destroyed in such manner and under such regulations as the Secretary of the Treasury may prescribe. (R. S. § 3581.) § 6560. Same—For the maceration of national bank notes, United States notes, and other obliga- tions of the United States authorized to be destroyed * * ; and that all such issues hereafter destroyed may be destroyed by maceration instead of burning to ashes, as now provided by law; and that so much of sections twenty-four and forty-three of the na- tional-currency act as requires national bank notes to be burned to ashes is hereby repealed; that the pulp from such macerated issue shall be disposed of only under the direction of the Secretary of the Treasury. (June 23, 1874, c. 455, § 1, 18 Stat. 206.) § 6561. Reduction of currency suspended—The authority given to the Secretary of the Treasury to make any reduction of the currency, by retiring and canceling United States notes, is suspended. (R. S. § 3582.) w - § 6562. . Further cancellation or retirement of legal-tender notes prohibited—From and after the passage of this act it shall not be lawful for the Secretary of the Treasury or other officer under him to cancel or retire any more of the United States legal-tender notes. And when any of Said notes may be redeemed or be received into the Treas- ury under any law from any source whatever ... and shall belong to the United States, they shall not be retired cancelled Or destroyed but they shall be re- issued and paid out again and kept in circulation: Provided, That nothing herein shall prohibit the cancellation and destruction of mutilated notes and the issue of other notes of like denomination in their stead, as now provided by law. All acts and parts of acts in conflict herewith are hereby repeal- ed. (May 31, 1878, c. 146, 20 Stat. 87.) § 6563. Limitation of armount of United States notes in circulation—The amount of United States notes outstanding and to be used as a part of the circulating-medium, shall not exceed the sum of 4 6564 (Tit. 38 THE CURRENCY IPage 10601 three hundred and eighty-two million dollars, which said sum shall appear in each monthly statement of the public debt, and no part thereof shall be held Or used as a reserve. (June 20, 1874, c. 343, § 6, 18 Stat. 124.) § 6564. Deposits of gold—The Secretary of the Treasury is authorized to receive deposits of gold coin and bullion with the Treasurer or any assistant treasurer of the United States, in sums not less than twenty dollars, and to issue certificates therefor, in denominations of not less than twenty dollars, each, corresponding with the denominations of the United States notes. The coin and bullion deposited for Or representing the certificates of deposit shall be re- tained in the Treasury for the payment of the same on demand. And certificates representing coin in the Treasury may be issued in payment of interest On the public debt, which certificates, together with those issued for coin and bullion deposited, shall not at any time exceed twenty per centum beyond the amount Of Coin and bullion in the Treasury; and the certificates for coin and bullion in the Treasury shall be received at par in payment for duties on imports. (R. S. § 254.) See §§ 6379, 6453, 6513, 6514, 6525, 6566, 6567. § 6565. Same; receiving by superintendents of mints or assayers of assay-offices—The Secre- tary of the Treasury be and he is hereby authorized to Constitute any superintendent of mint or assayer of any assay-Office, an assistant treasurer of the United States without additional compensation, to receive gold coin and bullion on deposit for the pur- poses provided for in section two hundred and fifty- four of the Revised Statutes. (June 8, 1878, c. 170, 20 Stat. 102.) R. S. § 254, is $ 6564. - - . § 6566. Deposits of gold coin—The Secretary of the Treasury is authorized and directed to receive deposits of gold coin with the Treasurer or assistant treasurers of the United States, in sums not less than twenty dollars, and to issue certificates therefor in denominations of not less than twenty dollars each, corresponding with the denominations of United States notes. The coin deposited for or representing the certificates of deposits shall be retained in the Treasury for the payment of the same on demand. Said certificates shall be receivable for customs, tax- es, and all public dues, and when so received may be reissued; and Such Certificates, as also silver Cer- tificates, when held by any national-banking associa- tion, shall be counted as part of its lawful reserve; and no national-banking association shall be a mem- ber of any clearing-house in which such certificates Shall not be receivable in the settlement of clearing- house balances: Provided, That the Secretary of the Treasury shall suspend the issue of such gold cer- tificates whenever the amount of gold coin and gold bullion in the Treasury reserved for the redemption of United States notes falls below one hundred mil- lions of dollars; and the provisions of section fifty- two hundred and seven of the Revised Statutes shall be applicable to the certificates herein authorized and directed to be issued. (July 12, 1882, c. 290, § 12, 22 Stat. 165.) . - - R. S. § 5207, is $ 9769. And see § 6567. . . § 6567. Same; gold certificates—The Secretary of the Treasury is hereby authorized and directed to receive deposits of gold coin with the Treasurer, or any assistant treasurer of the United States in sums of not less than twenty dollars, and to issue gold Certificates therefor in denominations Of not less than ten dollars, and the coin S6 deposited shall be retained in the Treasury and held for the payment of such certificates on demand, and used for no oth- er purpose. customs, taxes, and all public dues, and when so received may be reissued, and when held by any national banking association may be counted as a provided for: amount Of Such Outstanding certificates One-fourth at least shall be in denominations of fifty dollars or fineness, value thereof. 64.) • Such certificates shall be receivable for. part of its lawful reserve: Provided, That whenever and SO long as the gold coin and bullion held in the reserve fund in the Treasury for the redemption of United States notes and Treasury notes shall fall and remain below one hundred million dollars the authority to issue certificates as herein provided shall be suspended: And provided further, That when- ever and SO long as the aggregate amount of United States notes and silver certificates in the general fund of the Treasury shall exceed sixty million dol- lars the Secretary of the Treasury may, in his dis- Cretion, Suspend the issue of the certificates herein And provided further, That of the less: And provided further, That the Secretary of the Treasury may, in his discretion, issue such cer- tificates in denominations of ten thousand dollars, payable to order: And provided further, That the Secretary of the Treasury may, in his discretion, re- ceive, with the assistant treasurer in New York and the assistant treasurer in San Francisco, deposits of foreign gold coin at their bullion value in amounts Of not less than One thousand dollars in value and issue gold certificates therefor of the description here- in authorized: . * , : And provided further, That the Secretary of the Treasury may, in his discretion, receive, with the Treasurer or any Assistant Treasurer of the Unit- ed States, deposits of gold bullion bearing the stamp of the coinage mints of the United States, or the assay office in New York, certifying their weight, and value, in amounts Of not less than $1,000 in value, and issue gold certificates therefor Of the description herein authorized. But the amount of gold bullion and foreign coin so held shall not at any time exceed two-thirds of the total amount of gold certificates at such time outstanding. And Section fifty-One hundred and ninety-three Of the re- vised statutes of the United States is hereby re- pealed. (March 14, 1900, c. 41, § 6, 31 Stat. 47, amended, May 26, 1906, c. 2558, 34 Stat. 202, March 4, 1907, c. 2913, § 1, 34 Stat. 1289, March 2, 1911, c. 190, 36 Stat. 964. Tune 12, 1916, c. 142, 39 Stat. 225.) (R. S. § 3583. Repealed.) This section was incorporated in the Criminal Code, in section 168 thereof (§ 10338), and was repealed by section 341 thereof (§ 10515). § 6568. Counterfeit notes to be marked—All TJnited States officers charged with the receipt Or disbursement of public moneys and all officers of national banks, shall stamp or write in plain let- ters the word “counterfeit” “altered” or “worthless,” upon all fraudulent notes issued in the form of, and intended to circulate as money, which shall be pre- sented at their places of business; and if such officers shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face (June 30, 1876, c. 156, § 5, 19 Stat. § 6569. State taxation—Circulating notes of na- tional banking associations and United States legal tender notes and other notes and certificates of the TJnited States payable on demand and circulating or intended to circulate as currency and gold, silver or other coin Shall be subject to taxation as money on hand or on deposit under the laws of any State or Territory: Provided, That any such taxation shall be exercised in the same manner and at the Same rate that any such State or Territory shall tax mon- ey or currency circulating as money within its ju- risdiction. (Aug. 13, 1894, c. 281, § 1, 28 Stat. 278.) § 6570. Same; national banks not affected- The provisions of this Act shall not be deemed or held to change existing laws in respect Of the taxa- tion of national banking associations. (Aug. 13, 1894, c. 281, § 2, 28 Stat. 278.) TITLE XXXIX—LEGAL TENDER 6571. Foreign coins. - 6572. Gold coins of United States. 6573. Subsidiary silver coins. 6574. Minor, coins. 6575. United States notes. 6576. Demand Treasury notes. 6577. Interest-bearing notes. § 6571. Foreign coins—No foreign gold or sil- Ver COinS shall be a legal tender in payment of debts. (R. S. § 3584.) 4 § 6572. Gold coins of United States—The gold COinS Of the United States shall be a legal tender in all payments at their nominal value when not below the Standard weight and limit of tolerance provided by law for the single piece, and, when reduced in Weight below such standard and tolerance, shall be a legal tender at valuation in proportion to their actual weight. (R. S. § 3585.) (R. S. § 3586. Superseded.) This section provided that the silver coins of the United States should be a legal tender, at their nominal value, for any amount not exceeding five dollars in any one pay- ment. It was superseded by the following provisions: Res. July 22, 1876, No. 17, § 2; Act Feb. 28, 1878, c. 20, § 1; Act June 9, 1879, c. 12, § 3. - § 6573. Subsidiary silver coins—The present Silver coins of the United States of smaller denomina- tions than one dollar shall hereafter be a legal tender in all sums not exceeding ten dollars in full payment Of all dues public and private. (June 9, 1879, c. 12, § 3, 21 Stat. 8.) : - : § 6574. Minor coins—The minor coins of the United States shall be a legal tender, at their nomi- nal value for any amount not exceeding twenty-five cents in any one payment. (R. S. § 3587.) § 6575. United States notes—United States notes shall be lawful money, and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports and in- terest on the public debt. (R. S. § 3588.) § 6576. Demand Treasury notes—Demand Treasury notes authorized by the act of July seven- teen, eighteen hundred and sixty-one, chapter five, and the act of February twelve, eighteen hundred and six- ty-two, chapter twenty, shall be lawful money and a legal tender in like manner as United States notes. (R. S. § 3589.) § 6577. Interest-bearing notes—Treasury notes issued under the authority of the acts of March three, eighteen hundred and sixty-three, chapter Sev- enty-three, and June thirty, eighteen hundred and six- ty-four, chapter one hundred and seventy-two, shall be legal tender to the same extent as United States notes, for their face value, excluding interest: Pro- vided, That Treasury notes issued under the act last named shall not be a legal tender in payment Or re- demption of any notes issued by any bank, banking . association, or banker, calculated and intended to - circulate as money. (R. S. § 3590.) TITLE XL–THE 6578. The Treasury of the United States. 6579. Depositories; mints and assay-offices. 6580. Same; Cuba, Porto Rico, and Philippines. 6581. Same; Philippine Islands. 6582. Public moneys subject to draft of Treasurer. 6583. Assistant treasurers; superintendent of mint at Carson and assay-office at Boisé City. 6584. Same; appointment and term. 6585. Same; office at Charleston abolished; depositories, at Buffalo, Santa Fé, and Pittsburgh discontinued. 6586. Same; salaries. . . 6587. Same; receipt of commissions and perquisites forbid- den. 6588. Same; rooms for use of: 6589. Same; care and use of rooms. 6590. Same; bonds. 6591. Subordinate officers at Boston. 6592. Deputy assistant treasurer at New York. 6593. , Appointment and salaries of subordinate officers at New York. 6594. Same. 6595. Subordinate officers; Philadelphia. 6596. Same; Baltimore. . 6597. Same; St. Louis. 6598. Same; New Orleans. 6599. Same; San Francisco. 6600. Same; Chicago. 6601. Same; Cincinnati. 6602. Deputies in case of sickness or absence. 6603. Bond of special agents. 6604. Collectors of public moneys to pay over. 6605. Marshals and district attorneys paying into Treasury. 6606. Deposit without deduction. 6607. Receipts from private telegrams sent over Governmen lines. - 6608. Private messages over telephone lines controlled by Treasury Department. 6609. Proceeds of sales of material. Proceeds of sale of surplus cuttings. 6610. Payment of expenses of sales from proceeds. 6611. Penalty for withholding money. 6612. Duty of disbursing officers. Depositaries of public moneys in foreign countries. 6613. Authority to officers to keep funds for subsistence of the Army for payments of small amounts. 6614. Acting disbursing officer in case of sickness or unavoid- able absence of disbursing clerk or disbursing agent. 6615. Deposit of moneys with public depositary; receipts; postal revenues. 6616. Accounts. - Same; disbursing officers. Same; distinct accounts required. PUBLIC MONEYs Sec. + - - 6619. Same; disbursements under Army appropriation acts. 6620. Payment of pressing obligations by disbursing officers; . Quartermaster’s Department. 6621. Same; Ordnance Department. 6622. Same; Engineer Department. 6623a Payment by disbursing officers; settlement of trans- actions of Engineer Department. settlement of accounts between Medical De- 6622b. Same; . partment and other branches of Army Service, bu- realls and offices. . 6623. Suits to recover money from officers. 6624. Distress Warrant. - 6625. Same; contents. 6626. Same; execution against officer. 6627. Same; execution against Surety. 6628. Levy to be lien. - 6629. Sale of lands regulated. 6630. Conveyance of lands. . 6631. Disposal of surplus. - 6632. Failure of disbursing officer to account. - 6633. Extent of application of provision for distress warrants. 6634. Postponement of proceedings for nonaccounting. 6635. Injunction to stay distress warrant. 6636. Proceedings on distress in circuit court. 6637. Rights of United States reserved. 6638. Duties of officers as custodians of public moneys. 6639. Transfer of moneys from depositaries to Treasury. 6640. Postal deposits; transfer. § 6641. Same; accounts. 6642. Entry of each deposit, transfer, and payment. 6643. Public moneys in Treasury and depositories subject to draft of Treasurer. 6644. Presentment of drafts. . 6645. Duplicates for lost, stolen, or destroyed disbursing offi- cers’ checks or postal checks or warrants. 6646. Duplicate check When officer Who issued is dead or no longer in service; duplicate postal checks. 6647. Advances of public moneys; prohibition against. 6648. Same; work on vessels for Treasury Department; lien. 6648a. Same; contractors for supplies by Secretaries of War and Navy. - - 6648b. Same; Ordnance and ordnance stores. 6649. Advances from appropriations; Department of Agricul- ture. . 6650. Same; Forest Service for fighting forest fires in emer- gency CaSeS. 6651. Advances for subscriptions; publications for immigra- tion service. 6652. Same; publications for Department of Agriculture. 6652a. Same; publications for Quartermaster Corps. - 6652b. Same; publications for Engineer School. 6652c. Same; periodicals for executive departments. IPage 10611 ź 6578 (Tit. 40 THE PUBLIC MONEYS [Page 1062] Sec. 6653. Examination of depositaries. . 6654. Examination of accounts of custodians of public moneys. 6655. Exchange of funds restricted. - - 6656. Premium on sales of public moneys to be accounted for. 6657. Expenses of fiscal agents. 6658. Same; expenditure of appropriations. - 6659. Extra compensation for making disbursements; limit on. 6660. Same; moneys appropriated for public buildings. 6661. Same; moneys appropriated for public buildings or grounds not within city of Washington. 66.62. Compensation of depositaries, 6663. Same; limit on. 6664. Same; limit on. 6665. Collectors to act as disbursing agents. 6666. Special disbursing agents, where no collector author- - ized. - 6667. Investment of trust funds. 6668. Disposition of trust funds received from foreign govern- - ments for citizens of United States. - 6669. Payments of appropriations for charitable purposes. 6670. Term of service of members of Congress as trustees or director of corporations or institutions appropriated for. - - § 6578. The Treasury of the United States— The rooms provided in the Treasury building at the Seat Of GOVernment for the use of the Treasurer Of the United States, his assistants, and clerks, and OCCupied by them, and the fire-proof vaults and safes erected therein for the keeping of the public moneys in the possession and under the immediate control of the Treasurer, and such other apartments as are provided as places of deposit of the public money, shall be the Treasury of the United States. (R. S. § 3591.) - - - § 6579. Depositories; mints and assay-offices —The mints at Carson City, and at Denver, and the aSSay-office at Boisé City, shall be places of deposit for such public moneys as the Secretary of the Treas- ury may direct. (R. S. § 3592.) - § 6580. Same; Cuba, Porto Rico, and Philip- pines—The Secretary of the Treasury is hereby au- thorized to designate one or more banks or bankers in the Philippine Islands and in the islands of Cuba and Porto Rico in which public moneys may be de- posited: Provided, That the banks or bankers thus designated shall give satisfactory security for the Safe-keeping and prompt payment of the public mon- eys so deposited by depositing in the Treasury, United States bonds to an amount not leśs than the aggre- gate Sum at any time on deposit with Such banks or bankers: And provided further, That this Act shall apply to Cuba only while occupied by the United States. (June 6, 1900, c. 797, 31 Stat. 658.) . § 6581. Same; Philippine Islands—The treas- ury of the Philippine Islands and such banking as- Sociations in said islands with a paid up capital of not less than two million dollars and chartered by the United States or any State thereof as may be desig- nated by the Secretary of War and the Secretary of the Treasury of the United States shall be depositories of public money of the United States, subject to the provisions of existing law governing such depositories in the United States: Provided, That the treasury of the government of said islands shall not be required to deposit bonds in the Treasury of the United States, or to give other specific securities for the safe-keeping Of public money except as prescribed, in his discre- tion, by the Secretary of War. (July 1, 1902, c. 1369, $ 85, 32 Stat. 711.) § 6582. Public moneys subject to draft of Treasurer—All public moneys paid into any de- pository shall be subject to the draft of the Treas- urer of the United States, drawn agreeably to ap- propriations made by law. (R. S. § 3593.) . § 6583. Assistant treasurers; superintendent of mint at Carson and assay-office at Boisé City —The superintendent of the mint at Carson City, and the Superintendent of the assay-office at Boisé City, shall be assistant treasurers of the United States, and Shall respectively have the custody and care of all public moneys deposited therein, and shall perform all the duties required of them in reference to the all Such moneys, as provided by law. receipt, safe keeping, transfer, and disbursement Of (R. S. § 3594.) § 6584. Same; appointment and term—There shall be assistant treasurers of the United States, ap- pointed from time to time by the President, by and with the advice and Consent of the Senate, to serve for the term of four years, as follows: One at Boston. • One at New York. One at Philadelphia. One at Baltimore.. '. * * * sº i. One at New Orleans. One at Saint Louis. One at San Francisco. One at Cincinnati. One at Chicago. (R. S. § 3595.) $ § 6585. Same; office at Charleston abolish- ed; depositories at Buffalo, Santa Fé, and Pitts- burgh discontinued—So much of section thirty-five hundred and ninety-five Of the Revised Statutes as provides for the appointment of an assistant treasurer . of the United States at Charleston is hereby repealed from and after September thirtieth, eighteen hundred and seventy-six; and the Secretary of the Treasury is directed to discontinue, from said date, the deposi- tories at Buffalo, New York, Santa Fé, New Mexico, and Pittsburgh, Pennsylvania. (Aug. 15, 1876, c. 287, § 1, 19 Stat. 155.) - - § 6586. Same; salaries—The assistant treas- urers shall be entitled to the following salaries, to be paid quarter-yearly at the Treasury of the United States, to wit: First. The assistant treasurer at Boston, to five thousand dollars a year. - Second. The assistant treasurer at New York, to eight thousand dollars a year. + Third. The assistant treasurer at Philadelphia, to five thousand dollars a year. Fourth. The assistant treasurer at Baltimore, to - five thousand dollars a year. [Fifth. The assistant treasurer at Charleston, to four thousand dollars a year.] Sixth. The assistant treasurer at New Orleans, to four thousand five hundred dollars a year. Seventh. The assistant treasurer at Saint Louis, to five thousand dollars a year. Eighth. The assistant treasurer at San Francisco, to six thousand dollars a year. Ninth. The assistant treasurer at Cincinnati, to . five thousand dollars a year. Tenth. The assistant treasurer at Chicago, to five thousand dollars a year. (R. S. § 3596.) Text in brackets superseded by § 6585. Current appro- priation for assistant treasurers, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1091. º - § 6587. Same; receipt of commissions and perquisites forbidden—The salaries named in the preceding section shall be in full for the Services of the respective officers, and none of them shall charge or receive any Commission, pay, or perquisite, for any official Service of any character or description what- Soever. Every such officer who makes any such charge, or receives any such compensation, shall be deemed guilty of a misdemeanor, and shall be fined or imprisoned, or both. (R. S. § 3597.) - . § 6588. Same; rooms for use of—The rooms as- Signed by law to be occupied by the assistant treas- urers, together with the fire-proof vaults therein, or COnnected therewith, shall be appropriated to the use Of the assistant treasurers, and for the safe-keeping of the public moneys deposited with them, respective- ly. (R. S. § 3598.) § 6589. Same; care and use of rooms—The as- sistant treasurers shall have the charge and care of the rooms, Vaults, and safes assigned to them, re- Spectively, and shall there perform the duties required of them relating to the receipt, safe-keeping, transfer, and disbursement of the public moneys. (R. S. § 3599.) Tit. 40) & 6599 THE PUBLIC MONEYS § 6590. Same; bornds—All assistant treasurers, and all officers in any mint, or assay-office, authorized by law to act as assistant* treasurers, shall, respec- tively, give bonds to the United States for the faithful discharge of the duties of their respective offices as assistant treasurers, according to law, and for such amounts as shall be directed by the Secretary of the Treasury, with sureties to the satisfaction of the Solic- itor of the Treasury; and shall, from time to time, renew, strengthen, and increase their official bonds as the Secretary of the Treasury may direct. (R. S. § 3600.) - § 6591. Subordinate officers at Boston—There shall be employed in the office of the assistant treas- urer at Boston: One chief clerk, at two thousand Seven hundred dollars a year; one paying-teller, at tWO thousand five hundred dollars; one chief interest- clerk, at two thousand five hundred dollars; one re- ceiving teller, at one thousand eight hundred dollars; One first book-keeper, at one thousand seven hundred dollars; one second book-keeper, “depositors’ ” ac- COUnts, at One thousand five hundred dollars; One Stamp and new fractional-currency clerk, at one thousand eight hundred dollars; one specie-clerk, at One thousand five hundred dollars; two coupon- clerks, at one thousand four hundred dollars each; one fractional-currency redemption clerk, at one thou- Sand two hundred dollars; one receipt-clerk, at one thousand two hundred dollars; One assistant book- keeper, at eight hundred dollars ; at One thousand dollars; one assistant currency-re- demption clerk, at one thousand one hundred dollars; One assistant currency-redemption clerk, at one thou- Sand dollars; one messenger and chief watchman, at One thousand and sixty dollars; two watchmen, at eight hundred and fifty dollars each ; Specie-Clerk, at one thousand four hundred dollars. (R. S. § 3601.) - § 6592. Deputy assistant treasurer at New York—The assistant treasurer at New York may, with the approval of the Secretary of the Treasury, appoint from among his clerks a competent person to be called the deputy assistant treasurer of the United States. Such deputy assistant treasurer, in addition to other duties performed by him, and the duties which he may be required to perform by the assistant treasurer, is authorized to witness the execution of all transfers of Government Stock and powers of at- torney, and to sign all bullion-receipts, with like ef- fect as if the same were witnessed or signed by the assistant treasurer in person. (R. S. § 3602.) § 6593. Appointment and salaries of subordi- nate officers at New York—There shall be employ- ed in the office of the assistant treasurer at New York: One deputy assistant treasurer, at three thou- Sand six hundred dollars a year; One cashier and chief clerk, at four thousand two hundred dollars; One Chief Of COin division, at four thousand dollars; One Chief of note-paying division, at three thousand dollars; one chief Of note-receiving division, at three thousand dollars; One chief of check-division, at three thousand dollars; one Chief of registered-interest di- vision, at two thousand eight hundred dollars; one chief of coupon-interest division, at two thousand five hundred dollars; one chief of fractional-currency di- vision, at two thousand five hundred dollars; one Chief of bond division, at tWO thousand four hundred dollars; One chief Of Canceled-check and record divi- Sion, at two thousand dollars; two clerks, at two thousand four hundred dollars each ; six clerks, at two thousand two hundred dollars each ; at two thousand dollars each ; nine clerks, at one thou- sand eight hundred dollars each ; four clerks, at one thousand seven hundred dollars each; four clerks, at One thousand six hundred dollars each; ten clerks, at One thousand four hundred dollars each ; three clerks, at One thousand two hundred dollars each ; five mes- sengers, at One thousand three hundred dollars each ; One messenger, at One thousand two hundred dol- [Page 1063] One money-Clerk, One assistant ten clerks, lars; One keeper of building, at one thousand eight hundred dollars; one chief detective, at one thousand eight hundred dollars; one assistant detective, at one thousand four hundred dollars; four hall-men, at One thousand dollars each ; six watchmen, at seven hundred and thirty dollars each; one engineer, at one thousand dollars; one porter, at nine hundred dollars. (R. S. § 3603.) : § 6594. Same—The assistant treasurer at Ne York may appoint, from time to time, by and with the Consent and approbation of the Secretary of the Treas- ury, Such other clerks, messengers, and watchmen, in addition to those already employed by him, as the exigencies of the public business may require, at rates of compensation to be fixed by the Secretary of the Treasury, but such rates shall in no case exceed those allowed by law for the several persons similar- ly employed in the Office of the said assistant treas- urer. (R. S. § 3604.) g § 6595. Subordinate officers; Philadelphia– There shall be employed in the office of the assistant treasurer at Philadelphia: One cashier and chief Clerk, at two thousand seven hundred dollars a year : one chief book-keeper, at two thousand five hundred Ciollars; one chief interest-clerk, at one thousand nine hundred dollars; one assistant book-keeper, at One thousand eight hundred dollars; one coin-teller, at one thousand seven hundred dollars; one register- ed-interest clerk, at one thousand seven hundred dol- lars; One assistant coupon-clerk, at one thousand Six hundred dollars; one fractional currency clerk, at One thousand six hundred dollars; one assistant registered-loan clerk, at one thousand five hundred ClOllars; One assistant registered-loan clerk, at One thou- Sand four hundred dollars; one assistant coin-teller, at One thousand four hundred dollars; one assistant fractional-Currency clerk, at one thousand four hun- dred dollars; One receiving-teller, at one thousand three hundred dollars; one assistant receiving-teller, at One thousand two hundred dollars; one superin- tendent of building, at one thousand one hundred dol- lars; Seven female counters, at nine hundred dol- lars each ; four watchmen, at nine hundred and thirty dollars each. (R. S. § 3605.) § 6596. Same; Baltimore—There shall be employ- ed in the Office of the assistant treasurer at Balti- more: One cashier, at two thousand five hundred dol- lars a year; three clerks, at one thousand eight hun- Čired dollars each ; three Clerks, at One thousand four hundred dollars each; two clerks, at One thousand two hundred dollars each ; one messenger, at eight hundred and forty dollars; five vault-watchmen, at seven hundred and twenty dollars each. (R. S. § 3606.) § 6597. Same; St. Louis—There shall be employ- ed in the office of the assistant treasurer at Saint Louis: One chief clerk and teller, at two thousand five hundred dollars a year; one assistant teller, at One thousand eight hundred dollars; one book-keeper, at One thousand five hundred dollars; one assistant book-keeper, at One thousand two hundred dollars; One messenger, at One thousand dollars; and four watchmen, at seven hundred dollars each. (R. S. § 3607.) (R. S. § 3608. Superseded.) This section provided for two clerks, an assistant mes- senger, and two watchmen, and their respective salaries in the office of the assistant treasurer at Charleston. It was superseded by the repeal of the provision of R. S. § 3595, for the appointment of an assistant treasurer at Charleston, by Act Aug. 15, 1876, c. 287, § 1 (§ 6585). § 6598. Same; New Orleans—There shall be em- ployed in the office of the assistant treasurer at New Orleans: One chief clerk and cashier, at two thou- Sand five hundred dollars a year; One clerk, at two thousand dollars; two clerks, at One thousand five hundred dollars each; One porter, at nine hundred dol- lars; and tWO watchmen, at Seven hundred and twen- ty dollars each. (R. S. § 3609.) § 6599. Same; San Francisco—There shall be employed in the office of the assistant treasurer at & 6600 (Tit. 40 THE PUBLIC MONEYS larS; [Page 1064] San Francisco: One cashier, at three thousand dol- lars a year; one book-keeper, at two thousand five hundred dollars; one assistant cashier, at two thou- Sand dollars; one assistant book-keeper, at two thou- Sand dollars; one stamp-clerk, at two thousand four hundred dollars; one clerk. at one thousand eight hundred dollars; three night-watchmen, at One thou- Sand five hundred dollars each; at nine hundred and sixty dollars. (R. S. § 3610.) § 6600. Same; Chicago—There shall be employ- ed in the Office of the assistant treasurer at Chicago: One Cashier, at two thousand five hundred dollars a year; One Clerk, at One thousand eight hundred dol- lars; two clerks, at one thousand five hundred dol- lars each; one clerk, at one thousand two hundred dollars; one messenger, at eight hundred and forty dollars; and One watchman, at seven hundred and twenty dollars. (R. S. § 361.1.) § 6601. Same; Cincinnati-There shall be ap- pointed in the office of the assistant treasurer at Cincinnati: One cashier, at two thousand dollars a year; one clerk, at one thousand eight hundred dol- lars; One Clerk, at One thousand five hundred dol- two Clerks, at One thousand two hundred dol- lars each; two clerks, at one thousand dollars each; one messenger, at six hundred dollars; two watch- men, One at seven hundred and twenty dollars, and one at two hundred and forty dollars. (R. S. § 3612.) § 6602. Deputies in case of sickness or ab- sence—In case of the sickness or unavoidable absence of any assistant treasurer or depositary from his Office, he may, with the approval of the Secretary of the Treasury, authorize the chief clerk, or some other clerk employed therein, to act in his place, and to discharge all the duties required by law of such as- Sistant treasurer Or depositary. given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. Such acting Offi- cer shall moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct, in like cases, of the assistant treasurer or depositary, respectively, for whom he acts. (R. S. § 3613.) § 6603. Bond of special agents—Whenever it becomes necessary for the head of any Department or office to employ special agents, Other than Offi- cers of the Army or Navy, who may be charged With the disbursement of public moneys, Such agents shall, before entering upon duty, give bond in Such form and with such security as the head of the Depart- ment or office employing them may approve. (R. S. § 3614.) '. - - § 6604. Collectors of public moneys to pay over—All collectors and receivers of public money Of every description, within the District of Columbia, shall, as often as they may be directed by the Sec- retary of the Treasury or the Postmaster-General SO to do, pay over to the Treasurer of the United States, at the Treasury, all public moneys collected by them or in their hands. All such collectors and receivers of public moneys within the cities of New York, Boston, Philadelphia, New Orleans, San Fran- cisco, Baltimore, Charleston, and Saint Louis Shall, upon the same direction, pay over to the assistant treasurers in their respective Cities, at their Offices, respectively, all the public moneys Collected by them, Or in their hands; to be safely kept by the respec- tive depositaries, until otherwise disposed of accord- ing to law. It shall be the duty of the Secretary and Postmaster-General, respectively, to direct such pay- ments by the Collectors and receivers at all the said places, at least as Often as Once in each week, and as much oftener as they may think proper. (R. S. § 3615.) § 6605. Marshals and district attorneys pay- ing into Treasury—All marshals, district attorneys, and other persons than those mentioned in the pre- ceding section, having public money to pay to the one day-watchman, The Official bond |United States, may pay the same to any depositary Constituted by or in pursuance of law, which may be designated by the Seeretary of the Treasury. (R. S. § 3616.) § 6606. Deposit without deduction—The groSS amount Of all moneys received from whatever Source for the use of the United States, except as otherwise provided in the next section, shall be paid by the officer or agent receiving the same into the Treasury, at as early a day as practicable, without any abate- ment or deduction on account of salary, fees, costs, charges, expenses, or claim of any description what- ever. But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. (R. S. ‘S 3617.) - § 6607. Receipts from private telegrams sent over Government lines—On and after the first day Of July, eighteen hundred and eighty-three, all moneys received for the transmission of private dis- patches Over any and all telegraph lines owned or Operated by the United States, shall be paid into the Treasury of the United States, as required by Section thirty-six hundred and Seventeen Of the Re- vised Statutes. (March 3, 1883, c. 143, 22 Stat. 616.) P. S. § 3617, is $ 6606. § 6608. Private messages over telephone lines controlled by Treasury Department—Pri- Vate messages may, with the consent and authority of the Secretary Of the Treasury, be transmitted Over any and all telephone lines controlled by the Treas- ury Department, whenever it does not interfere with GOvernment busineSS, at Such rates and On Such terms and COnditions as may from time to time be fixed by the Secretary of the Treasury, the proceeds there- Of to be accounted for and paid into the Treasury of the United States. (April 28, 1904, c. 1762, § 1, 33 Stat. 460.) § 6609. Proceeds of sales of material—All pro- Ceeds Of Sales of Old material, condemned stores, Sup- plies, or other public property of any kind, except the proceeds Of the sale or leasing Of marine hospitals, Or Of the Sales Of revenue-Cutters, Or Of the Sales Of Commissary stores to the Officers and enlisted men Of the Army, or of materials, stores, Or supplies sold to officers and soldiers of the Army or of the sale of condemned Navy clothing, or of sales of materials, stores, Or supplies to any exploring Or Surveying ex- pedition authorized by law, shall be deposited and covered into the Treasury as miscellaneous receipts, On account of “proceeds of Government property,” and shall not be Withdrawn. Or applied, except in Consequence of a subsequent appropriation made by law. (R. S. § 3618, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) § 6609a. Proceeds of sale of surplus cuttings —Hereafter the proceeds derived from the sale of surplus cuttings of material for clothing manufac- tured by the Quartermaster Corps of the Army shall be deposited to the Credit Of that appropriation out of which the material was purchased. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 635.) - § 6610. Payment of expenses of sales from proceeds—From the proceeds of sales of old mate- rial, condemned stores, supplies, or other public prop- erty of any kind, before being deposited into the Treasury, either as miscellaneous receipts on account of “proceeds of Government property” or to the credit of the appropriations to which Such proceeds are by law authorized to be made, there may be paid the expenses Of such Sales, as approved by the accounting officers of the Treasury, so as to require Only the net proceeds Of Such Sales to be deposited into the Treasury, either as miscellaneous receipts Or to the Credit Of Such appropriations, as the case may be. (June 8, 1896, c. 373, § 1, 29 Stat. 268.) § 6611. Penalt for withholding money— Every officer or agent who neglects or refuses to com- ply with the provisions of section thirty-six hundred and Seventeen shall be subject to be removed from Tit. 40) ź 6620 THE PUBLIC MONEYS [Page 10651 office, and to forfeit to the United States any share or part of the moneys withheld, to which he might otherwise be entitled. (R. S. § 3619.) § 6612. Duty of disbursing officers—It shall be the duty of every disbursing officer having any public money intrusted to him for disbursement, to deposit the same with the Treasurer or some One Of the aS- sistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law and draw for the same only in favor of the persons to whom pay- ment is made; and all transfers from the Treasurer of the United States to a disbursing Officer shall be by draft or warrant on the Treasury Or an assistant treasurer of the United States. In places, however, where there is no treasurer Or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors. (R. S. § 3620, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) § 66.12a. Depositaries of public moneys in foreign countries—The Secretary of the Treasury is hereby authorized to designate depositaries in foreign countries, with which shall be deposited all publić money which it may be necessary or desirable to have on deposit in such countries to provide for Cur- rent disbursements to the military and naval forces of the United States and to the diplomatic and COn- sular and other representatives of the United States in and about such countries until six months after the termination of the war between the United States and the Imperial German Government, and to pre- scribe the terms and conditions of such depositS. (Sept. 24, 1917, c. 56, § 8, 40 Stat. 292.) § 6613. Authority to officers to keep funds for subsistence of the Army for payments of small amounts—Hereafter officers intrusted with the dis- bursement of funds for the Subsistence Of the Army are hereby authorized to keep, at their Own risk, in their personal possession for disbursement, such re- stricted amounts of Subsistence funds for facilitating payments of Small amounts to public Creditors as shall from time to time be authorized by the Secre- tary of War: * * (March 2, 1907, c. 2511, 34 Stat. 1166.) - § 6614. sickness or unavoidable absence of disbursing clerk or disbursing agent—In case of the sickness or unavoidable absence of any disbursing clerk Or dis- bursing agent of any executive department, independent bureau, or office, in Washington, District of Columbia, he may, with the approval of the head of the de- partment, independent bureau, or office, in which Said disbursing clerk or agent is employed, authorize the clerk of highest grade employed therein to act in his place, and to discharge all the duties by law or regu- lations of such disbursing clerk or agent. The Offi- cial bond given by the principal of the office shall be held to cover and apply to the acts of the person ap- pointed to act in his place in such cases. Such act- ing officer shall, moreover, for the time being, be sub- ject to all the liabilities and penalties prescribed by law for the Official misconduct in like cases, of the disbursing clerk or disbursing agent, respectively, for whom he acts, and such acting officer shall be re- Quired by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may re- quire. (March 4, 1909, c. 299, § 8, 35 Stat. 1027.) § 6615. Deposit of moneys with public deposi- tary; receipts; postal revenues—Every person who Shall have moneys of the United States in his hands Or possession, and disbursing officers having moneys Acting disbursing officer in case of ture, Shall pay the same to the Treasurer, an Assist- ant Treasurer, or some public depositary of the United States, without delay, and in all cases with- in thirty days of their receipt. And the Treasurer, the Assistant Treasurer, or the public depositary shall issue duplicate receipts for the moneys so paid, transmitting forthwith the original to the Secretary Of the Treasury, and delivering the duplicate to the depositor: Provided, That postal revenues and debts due to the Post-Office Department shall be paid into the Treasury in the manner now required by law. (R. S. § 3621, amended, May 28, 1896, c. 252, § 5, 29 Stat. 179.) - § 6616. Accounts—Every officer or agent of the United States who receives public money which he is not authorized to retain as salary, pay, or emolu- ment, shall render his accounts monthly. Such ac- Counts, with the vouchers necessary to the COrrect and prompt settlement thereof, shall be sent by mail, or otherwise, to the Bureau to which they pertain, within ten days after the expiration of each succes- sive month, and, after examination there, shall be passed to the proper accounting Officer of the Treas- ury for settlement. Disbursing officers of the Navy shall, however, render their accounts and VOuchers. direct to the proper accounting officer of the Treas- ury. In Case Of the non-receipt at the Treasury Or proper Bureau, of any accounts within a reasonable and proper time thereafter, the officer whose ac- counts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. Nothing herein contain- ed shall, however, be construed to restrain the heads of any of the Departments from requiring such other returns or reports from the Officer or agent, subject to the Control of Such heads Of Departments, as the public interest may require. (R. S. § 3622, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249, and July 31, 1894, c. 174, § 12, 28 Stat. 209.) § 6617. Same; disbursing officers—Hereafter all disbursing officers of the United States shall ren- der their accounts quarterly; and the Secretary of the Senate shall render his accounts as heretOfore ; but the Secretary of the Treasury may direct any Or all Such a CCOunts to be rendered mOre frequently when in his judgment the public interests may re- Quire. (Aug. 30, 1890, c. 837, § 4, 26 Stat. 413.) § 6618. Same; distinct accounts required—All officers, agents, or other persons, receiving public moneys, shall render distinct accounts of the applica- tion thereof, according to the appropriation under which the same may have been advanced to them. (R. S. § 3623.) - § 6619. Same; disburserments under Army ap- propriation acts—Hereafter all officers, agents, or Other persons receiving public moneys appropriated by this or any subsequent Army appropriation act shall account for the disbursement thereof according to the Several and distinct items of appropriation ex- pressed in such act. (July 5, 1884, c. 217, 23 Stat. 113.) .* § 6620. Payment of pressing obligations by disbursing officers; Quartermaster’s Department —Hereafter whenever pressing obligations are re- quired to be paid by a disbursing officer of the Quar- termaster's Department and there is an insufficient balance to his official Credit under the proper ap- propriation or appropriations for the purpose, he is authorized to make payment from the total avail- able balance to his official credit, provided sufficient funds under the proper appropriation or appropria- tions have been apportioned by the Quartermaster- General for the expenditure. When such disburse- ments are made the accounts of the disbursing offi- cer shall show the charging of the proper appropria- tions, the balances under which will be adjusted by the disbursing officer on receipt of funds or by the accounting officers of the Treasury. (March 3, 1909, in their possession not required for current expendi- c. 252, 35 Stat. 747.) 3 6621 (Tit. 40 THE PUBLIC MONEYS § 6621. Same; Ordnance Department—Hereaft- er Whenever pressing obligations are required to be paid by a disbursing officer of the Ordnance Depart- ment and there is an insufficient balance to his offi- Cial Credit under the proper appropriation or appro- priations for the purpose, he is authorized to make . payment from the total available balance to his Offi- Cial Credit, provided sufficient funds under the prop- er appropriation or appropriations have been allotted by the Chief of Ordnance for the expenditure. When Such disbursements are made the accounts of the disbursing officer shall show the charging of the proper appropriations, the balances under which will be adjusted by the disbursing officer on receipt of funds or by thé accounting officers of the Treasury. (March 3, 1909, c. 252, 35 Stat. 750.) § 6622. Same; Engineer Department—Hereaft- er whenever pressing obligations are required to be paid by a disbursing officer of the Engineer Depart- ment and there is an insufficient balance to his Offi- cial credit under the proper appropriation Or ap- propriations for the purpose, he is authorized to make payment from the total available balance to his Offi- cial credit, provided sufficient funds under the prop- er appropriation or appropriations have been allotted by the Chief of Engineers for the expenditure. When Such disbursements are made the accounts Of the disbursing officer shall show the charging of the proper appropriations, the balances under which Will be adjusted by the disbursing officer on receipt of funds or by the accounting officers of the Treasury. (March 3, 1911, c. 209, 36 Stat. 1056.) § 6622a. Payment by disbursing officers; set- tlement of transactions of Engineer Department —Hereafter in the settlement of transactions between appropriations under the Engineer Department, Or between the Engineer Department and anOther Office or bureau of the War Department, or of any Other executive department of the Government, payment therefor shall be made by the proper disbursing Offi- cer of the Corps of Engineers or of the Office, bureau, or department concerned. (April 27, 1914, C. 72, 38 Stat. 369.) - - § 6622b. Same; settlement of accounts be- tween Medical Department and other branches of Army service, bureaus and offices—Hereafter in the settlement of accounts between the appropria- tions of the Medical Department and those of any other branch of the Army service, or any bureau Or office of the War Department, or any other executive department or establishment of the Government, pay- ment thereof may be made by the proper disbursing officer of the Medical Department or of the branch of the Army Service, office, bureau, department, or establishment concerned. (March 4, 1915, c. 143, § 1, 38 Stat. 1080.) - . . . - t § 6623. Suits to recover money from officers— Whenever any person accountable for public money, neglects or refuses to pay into the Treasury the Sum or balance reported to be due to the United States, upon the adjustment of his account, the First Comp- troller of the Treasury shall institute suit for the recovery of the same, adding to the Sum Stated to be due on such account, the commissions Of the de- Iinguent, which shall be forfeited in every instance where suit is commenced and judgment Obtained thereon, and an interest of six per Centum per an- num, from the time of receiving the money until it shall be repaid into the Treasury. (R. S. § 3624.) § 6624. Distress warrant—Whenever any col- lector of the revenue, receiver. Of public money, Or other officer who has received the public money before it is paid into the Treasury of the United States, fails to render his account, or pay over the same in the manner or within the time required by law, it shall be the duty of the proper Auditor to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to Certify IPage 1066] - issue a warrant of distress against the delinquent sale of the goods and chattels of his sureties; 1 ing given ten days’ previous notice of such intended Officer and his sureties, directed to the marshal of the district in which such officer and his sureties reside. Where the Officer and his Sureties reside in different districts, or where they, or either of them, reside in a district Other than that in which the estate of either may be, which it is intended to take and sell, then such warrant shall be directed to the marshals of Such districts, respectively. (R. S. § 3625, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249. Act July 31, 1894, c. 174, § 4, 28 Stat. 206.) § 6625. Same; contents—The warrant of dis- tress shall specify the amount with which such de- linquent is chargeable, and the sums, if any, which have been paid. (R. S. § 3626.) - § 6626. Same; execution against officer—The marshal authorized to execute any warrant of dis- tress Shall, by himself or by his deputy, proceed to levy and collect the sum remaining due, by distress and sale of the goods and chattels of such delinquent officer; having given ten days’ previous notice of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town and county where the goods or chattels were taken, or in the town or County where the OWn- er Of Such goods Or Chattels may reside. If the goods and Chattels be not Sufficient to Satisfy the Warrant, the same may be levied upon the person of such of ficer, who may be committed to prison, there to re- main until discharged by due course of law. 3627.) § 6627. Same; execution against surety—If the delinquent officer absconds, or if goods and chat- tels belonging to him cannot be found sufficient to sat- isfy the Warrant, the marshal Or his deputy shall pro- (R. S. $ Ceed, notwithstanding the Commitment of the delin- quent officer, to levy and collect the sum which re- mains, due by such delinquent, by the distress and hav- sale, by affixing an advertisement of the articles to be sold at two or more public places in the town or county where the goods or chattels were taken, or in the town or county where the owner resides. (R. S. § 3628.) - - § 6628. Levy to be lien—The amount due by any delinquent Officer is declared to be a lien upon the lands, tenements, and hereditaments of such officer and his Sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the Office Of the Clerk of the district court of the proper district, until the same is discharged according to law. (R. S. § 3629.) § 6629. Sale of lands regulated—For Want of goods and chattels of a delinquent officer, or his sure- ties, sufficient to satisfy any warrant of distress is- sued pursuant to the foregoing provisions, the lands, tenements, and hereditaments of such officer and his Sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public places in the County or district where such real estate is situate, before the time of sale, shall be sold by the marshal Of Such district or his deputy. § 6630. (R. S. § 3630.) Conveyance of lands—For all lands, tenements, or hereditaments sold in pursuance of the preceding section, the conveyance of the marshal or his deputy, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer or his Sureties. (R. S. § 3631.) § 6631. Disposal of surplus—All moneys which may remain of the proceeds of Sales, after satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to | Such delinquent officer or Surety, as the Case may be. (R. S. § 3632.) § 6632. Failure of disbursing officer to ac- count—Whenever any officer employed in the civil, the same to the Solicitor of the Treasury, who shall | military, or naval service of the Government, to dis- Tit. 40) & 6644 THE PUBLIC MONEYs burse the public money appropriated for those branch- es of the public service, respectively, fails to render his accounts, or to pay over, in the manner and in the times required by law, or by the regulations of the Department to which he is accountable, any sum of money remaining in his hands, it shall be the duty Of the proper Auditor, as the case may be, who shall be charged with the revision of the accounts of such Officer, to CauSe to be Stated and certified the acCOunt Of such delinquent Officer to the Solicitor of the Treas- ury, who is hereby authorized and required immedi- ately to proceed against such delinquent Officer, in the manner directed in the six preceding sections. (R. S. § 3633, amended, July 31, 1894, c. 174, § 4, 28 Stat. 206.) § 6633. Extent of application of provision for distress warrants—All the provisions relating to the issuing of a warrant of distress against a de- linquent officer shall extend to every officer of the Government charged with the disbursement of the public money, and to their sureties, in the same man- Iner and to the same extent as if they were herein (R. S. § 3634.) of proceedings described and enumerated. § 6634. Postponement for Inon-accounting—With the approval of the Secretary Of the Treasury, the institution of proceedings by a Warrant of distress may be postponed, for a reasona- ble time, in cases where, in his opinion, the public interest will sustain no injury by such postponement. (R. S. § 3635.) - . § 6635. Injunction to stay distress warrant— Any person who considers himself aggrieved by any Warrant of distress issued under the foregoing provi- Sions may prefer a bill of complaint to any district judge of the United States, setting forth therein the nature and extent of the injury of which he com- plains; and thereupon the judge may grant an in- junction to stay proceedings on such warrant alto- gether, or for so much thereof as the nature of the Case requires. But no injunction shall issue till the party applying for it gives bond, with sufficient se- curity, in a sum to be prescribed by the judge, for the performance of such judgment as may be awarded against him ; nor shall the issuing of such injunction in any manner impair the lien produced by the issu- ing of the warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the injunction, it appears to the satisfaction of the judge that the application for the injunction was merely for delay, the judge may add to the lawful interest assessed on all sums found due against the complainant such dam- ages as, with such lawful interest, shall not exceed the rate of ten per centum a year. Such injunction may be granted or dissolved by the district judge ei- ther in or out of court. (R. S. § 3636.) - § 6636. Proceedings on distress in circuit court—When the district judge refuses to grant an injunction to stay proceedings on a distress-warrant, as aforesaid, or dissolves such injunction after it is granted, any person who considers himself aggrieved by the decision in the premises may lay before the circuit justice, or circuit judge of the circuit within which such district lies, a copy of the proceeding had before the district judge; and thereupon the cir- cuit justice or circuit judge may grant an injunction, or permit an appeal, as the case may be, if, in his Opinion, the equity of the case requires it. The same proceedings, subject to the same conditions, shall be had upon such injunction in the circuit court as are prescribed in the district court. (R. S. § 3637.) § 6637. Rights of United States reserved— Nothing contained in the provisions of this Title re- lating to distress-warrants shall be construed to take away or impair any right or remedy which the Unit- ed States might have, by law, for the recovery of taxes, debts, or demands. (R. S. § 3638.) § 6638. Duties of officers as custodians of pub- lic moneys—The Treasurer of the United States, all [Page 1067I assistant treasurers, and those performing the duties of assistant treasurer, all collectors of the customs, all Surveyors of the Customs, acting also as COllec- tors, all receivers of public moneys at the Several land-Offices, all postmasters, and all public Officers of whatsoever character, are required to keep safely, without loaning, using, depositing in banks, Or ex- changing for other funds than as specially allowed by law, all the public money Collected by them, Or Otherwise at any time placed in their possession and Custody, till the same is Ordered, by the proper De- partment or Officer of the GOvernment, to be trans- ferred or paid out; and when such orders for trans- fer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regula- tion of the Treasury Department made in conformity to law. The President is authorized, if in his opin- ion the interest of the United States requires the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collectors of customs, naval officers, and Surveyors of customs, navy agents, receivers and registers Of public lands, paymasters in the Army, commissary-general, and by all other officers employ- ed in the disbursement of the public moneys, under the direction of the War or Navy Departments. (R. S. § 3639.) - § 6639. Transfer of moneys from depositaries to Treasury—The Secretary of the Treasury may, except as provided in the next section, transfer the moneys in the hands of any depositary of public mon- eys to the Treasury of the United States to the credit of the Treasurer; and he may transfer moneys in the hands of One depositary to any other depositary, as the safety of the public moneys and the convenience of the public service shall seem to him to require. (R. S. § 3640.) + § 6640. Postal deposits; transfer—The Post- master-General may transfer money belonging to the postal Service between the Treasurer, assistant treas- urers, and designated depositaries, at his discretion, and as the Safety Of the public money and the conven- ience of the service may require. (R. S. § 3641.) § 6641. Same; accounts—Every depositary shall keep his account of the money paid to or deposited with him, belonging to the Post Office Department, separate and distinct from the account kept by him of other public moneys so paid or deposited. (R. S. § 3642.) . § 6642. Entry of each deposit, transfer, and payment—All perSons charged by law with the safe- keeping, transfer, and disbursement of the public moneyS, Other than those Connected with the Post- Office Department, are required to keep an accurate entry of each sum received and of each payment or transfer. (R. S. § 3643.) § 6643. Public moneys in Treasury and deposi- tories subject to draft of Treasurer—All moneys paid into the Treasury of the United States shall be subject to the draft of the Treasurer. And for the purpose of payments on the public account the Treas- urer is authorized to draw upon any of the deposita- ries, as he may think most conducive to the public interest and to the convenience of the public cred- itors. Each depositary so drawn upon shall make re- turns to the Treasury and Post-Office Departments of all moneys received and paid by him, at such times and in such forms as shall be directed by the Secre- tary of the Treasury, or the Postmaster-General. (R. S. § 3644.) - § 6644. Presentment of drafts—It shall be the duty of the Secretary of the Treasury to issue and publish regulations to enforce the speedy presentation of all Government drafts, for pay- ment, at the place where payable, and to prescribe the time, according to the different distances of the depositaries from the seat of Government, within & 6645 (Tit. 40 THE PUBLIC MONEYS which all drafts upon them, respectively, shall be pre- sented for payment; and, in default Of Such presenta- tion, to direct any other mode and place Of payment which he may deem proper; but, in all these regu- Iations and directions, it shall be his duty to guard, as far as may be, against those drafts being used Or thrown into circulation as a paper. Currency Or a me- dium of exchange. (R. S. § 3645.) - - § 6645. Duplicates for lost, stolen, or destroy- ed disbursing officers’ checks or postal checks or warrants—Whenever any original check is lost, Stol- en, or destroyed disbursing officers and agents of the Tjnited States are authorized, within three years from the date of such check, to issue a duplicate check, under such regulations in regard to its issue and payment, and upon the execution. Of Such bond, with Sureties, to indemnify the United States, and proof of loss of original check, as the Secretary of the Treasury shall prescribe: Provided, That whenever any original check or warrant of the Post Office De- partment has been lost, stolen, or destroyed the Post- master General may authorize the issuance Of a dup- licate thereof, at any time within three years from the date of such original check or warrant, upon the execution by the owner thereof of such bond of indem- nity as the Postmaster General may prescribe: Pro- vided further, That when such original check Or warrant does not exceed in amount the sum of $50 and the payee or owner is, at the date Of the appli- cation, an officer or employé in the service Of the Post. Office Department, whether by COntract, des- ignation, or appointment, the Postmaster General may, in lieu of an indemnity bond, authorize the iS- suance of a duplicate check or Warrant upon Such an affidavit as he may prescribe, to be made before any postmaster by the payee or owner of an Original Check Or Warrant. 1885, c. 123, 23 Stat. 306, March 23, 1906, c. 1129, 34 Stat. 84, June 19, 1906, c. 3434, 34 Stat. 301, May 27, 1908, c. 206, 35 Stat. 415, Feb. 23, 1909, c. 174, 35 Stat. 644, and March 21, 1916, c. 52, 39 Stat. 37.) - § 6646. Duplicate cheek when officer who is- sued is dead or no longer in service; duplicate postal checks—In case the disbursing officer or agent by whom such lost, destroyed, or stolen Original check was issued is dead or no longer in the Service of the United States it shall be the duty of the prop- er accounting officer, under such regulations as the Secretary of the Treasury may prescribe, to state an account in favor of the owner of such Original check for the amount thereof and to charge such amount to the account of Such Officer or agent : Pro- vided, That in Case a check drawn by any officer or agent of the Post-Office Department is lost, stolen, or destroyed a duplicate thereof may be issued under regulations prescribed by the Postmaster-General, as set forth in section thirty-six hundred and forty- six. (R. S. § 3647, amended, May 27, 1908, c. 206, 35 Stat. 415, and Feb. 23, 1909, c. 174, 35 Stat. 644.) § 6647. Advances of public moneys; prohibi- tion against—No advance of public money shall be made in any case whatever. tracts for the performance of any service, or the de- livery of articles of any description, for the use of the United States, payment shall not exceed the val- ue of the service rendered, or of the articles delivered previously to such payment. It shall, however, be lawful, under the special direction of the president, to make such advances to the disbursing Officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected. (R. S. § 3648.) - - See §§ 2841, 2847. [Page 1068] (R. S. § 3646, amended, Feb. 16, And in all cases of Con- § 6648. Same; work on vessels for Treasury Department; lien—The Secretary of the Treasury be, and he hereby is, authorized to make partial pay- ments, from time to time, upon existing contracts and all COntracts hereafter made for the construction of vessels for the Treasury Department, but not in eXCeSS Of seventy-five per cent. Of the amount of the Value of the Work already done; and that the con- tracts hereafter made shall provide for a lien upon such vessels for all advances so made: Provided, That nothing in this Joint Resolution shall be construed to hereafter authorize any partial payments, except on COntracts stipulating for the same and then only in accordance with such contract stipulation. (May 5, 1894, No. 24, 28 Stat. 582.) § 6648a. Same; contractors for supplies by Secretaries of War and Navy—The Secretary of War and the Secretary of the Navy are authorized, during the period of the existing emergency, from appropriations available therefor to advance pay- ments to COntractors for Supplies for their respective departments in amounts not exceeding thirty per cen- tum of the contract price of such supplies: Provided, That such advances shall be made upon such terms as the Secretary of War and the Secretary of the Na- vy, respectively, shall prescribe and they shall require adequate security for the protection of the Govern- ment for the payments so made. (Oct. 6, 1917, c. 79, § 5, 40 Stat. 383.) . . . . . . § 6648b. Same; ordnance and ordnance stores —The Secretary of War is authorized, during the present emergency and in addition to the appropria- tions and obligations specifically authorized by law, to incur Obligations for Ordnance and Ordnance Sup- plies and materials: Provided, That the aggregate amount of such obligations outstanding at any one time shall not exceed the sum of $100,000,000. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 366.) - § 6649. Advances from appropriations; De- partment of Agriculture—Advances of public mon- ey from the appropriations for the Department of Agriculture shall be made by the Secretary of Agri- culture only to such chiefs of field parties, agricultur- al explorers, special agents, and others as shall have given bonds in such sums as the Secretary of Agri- culture shall direct. (June 3, 1902, c. 985, 32 Stat. 303.) º - § 6650. Same; Forest Service for fighting forest fires in emergency cases—Hereafter advanc- es of money under any appropriation for the Forest Service may be made to the Forest Service and by au- thority of the Secretary of Agriculture to chiefs of field parties for fighting forest fires in emergency cases, who shall give bond under such rules and regulations and in such sum as the Secretary of Agriculture may direct, and detailed accounts arising under such ad- Vances shall be rendered through and by the Depart- ment of Agriculture to the Treasury Department. (May 23, 1908, c. 192, 35 Stat. 259.) - § 6651. Advances for subscriptions; publica- tions for immigration service—The annual Sub- Scriptions for publications for use in the immigration service at large may be paid in advance. (March 3, 1905, c. 1483, § 1, 33 Stat. 1182.) § 6652. Same; publications for Department of Agriculture—Hereafter section thirty-six hundred and forty-eight of the Revised Statutes shall not apply to the subscriptions for publications for the Depart- ment of Agriculture, and the Secretary Of Agriculture is authorized to pay in advance for any publications for the use of this Department. (March 4, 1909, c. 301, 35 Stat. 1054.) - § 6652a. Same; publications for Quartermas- ter Corps—Hereafter subscriptions to newspapers, magazines, periodicals, and other publications, pur- chased from funds of the Quartermaster Corps, may be paid for in advance. (April 27, 1914, c. 72, 38 Stat. 362.) • . Tit. 40) & 666.2 THE PUBLIC MONEYS [Page 1069] § 6652b. Same; publications for Engineer School—Engineer School, Washington, District of CO- lumbia: * * Hereafter section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign and professional newspapers and periodicals to be paid for from this appropria- tion. (April 27, 1914, c. 72, 38 Stat. 369.) R. S. § 3648, is § 6647. § 6652c. Same; periodicals for executive de- partments—Hereafter subscriptions to periodicals, which have been certified in writing by the respective heads of the executive departments or other Govern- ment establishments to be required for Official use, may be paid in advance from appropriations avail- able therefor. (March 4, 1915, c. 141, § 5, 38 Stat. 1049.) § 6653. Examination of depositaries—The Sec- retary of the Treasury is authorized to cause exami- nations to be made of the books, accounts, and mon- ey on hand, of the several depositaries; and for that purpose to appoint special agents, as occasion may require, with such compensation, not exceed- ing six dollars per day and traveling expenses, as he may think reasonable, to be fixed and declared at the time Of each appointment. make these examinations shall be instructed to ex- amine as well the books, accounts, and returns of the officer, as the money on hand, and the manner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public mon- eys, may be secured thereby. (R. S. § 3649.) . § 6654. Examination of accounts of custodi- ans of public money's—In addition to the examina- tions provided for in the preceding section, it shall be the duty of each naval officer and surveyor, as a check upon the assistant treasurers, or the collector of the customs, of their respective districts; of each regis- ter of a land-office, as a check upon the receiver of his land-office; and of the director and superintendent of each mint and branch-mint, when separate officers, as a check upon the treasurers, respectively, of the mints, or the persons acting as such, at the close of each quarter of the year, and as much Oftener as they are directed by the Secretary of the Treasury to do so, to examine the books, accounts, returns, and money on hand, Of the assistant treasurers, Collectors, receivers of land-offices, treasurers of the Mint and each branch-mint, and persons acting as such, and to make a full, accurate, and faithful return of their condition to the Secretary of the Treasury. (R. S. § 3650.) . § 6655. Exchange of funds restricted—No ex- change of funds shall be made by any disbursing offi- cer or agent of the Government, of any grade or de- nomination whatsoever, or connected with any branch of the public service, other than an exchange for gold, silver, United States notes, and national-bank notes; means for his disbursements are furnished to him in gold, silver, United States notes, or national-bank notes, shall make his payments in the moneys so furnished; Or when they are furnished to him in drafts, shall cause those drafts to be presented at their place of payment, and properly paid according to law, and shall make his payments in the money SO received for the drafts furnished, unless, in either Case, he Can exchange the means in his hands for gold and silver at par. And it shall be the duty of the head of the proper Department immediately to suspend from duty any disbursing officer or agent who violates the provisions of this section, and forth- with to report the name of the Officer or agent to the President, with the fact of the violation, and all the Circumstances accompanying the same, and within the knowledge of the Secretary, to the end that such offi- cer Or agent may be promptly removed from office, Or restored to his trust and the performance of his duties, as the President may deem just and proper. (R. S. § 3651.) The agent selected to and every such disbursing Officer, when the § 6656. Premium on sales of public moneys to be accounted for—No Officer of the United States shall, either directly or indirectly, sell or dispose of to any person, for a premium, any Treasury note, draft, warrant, or other public security, not his private property, or sell or dispose of the avails Or proceeds of such note, draft, warrant, or security, in his hands for disbursement, without making return of such premium, and accounting therefor by charg- ing the same in his accounts to the credit Of the United States; and any officer violating this section shall be forthwith dismissed from office. (R. S. § 3652.) * § 6657. Expenses of fiscal agents—The Officers, respectively, whose duty it is made by this Title to receive, keep, or disburse the public moneys, as the fiscal agents of the Government, may be allowed any necessary additional expenses for clerks, fire-proof chests or vaults, or other necessary expenses of safe- keeping, transferring, or disbursing the moneys; but all such expenses of every character shall be first expressly authorized by the Secretary of the Treas. ury, whose directions upon all the above subjects, by way of regulation and otherwise, so far as au: thorized by law, shall be strictly followed by all the officers. (R. S. § 3653.) § 6658. Same; expenditure of appropriations —For contingent expenses under the requirements of Section thirty-six hundred and fifty-three of the Re. vised Statutes of the United States, for the collec. tion, Safe-keeping, transfer, and disbursement of the public money, and for transportation of notes, bonds, and other securities of the United States, * * And hereafter no part of the money appropriated for the purposes mentioned in this paragraph shall be expended for clerical services or payment of em. ployees of any nature or grade. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 302.) § 6659. Extra compensation for making dis. bursements; limit on—No extra compensation ex Ceeding One-eighth of one per centum shall in any Case be allowed or paid to any officer, person, or cor. poration for disbursing moneys appropriated to the construction of any public building. (R. S. § 3654.) § 6660. Same; moneys appropriated for pub, lic buildings—The provisions contained in the act. approved March third, eighteen hundred and sixty. nine, entitled “An act making appropriations to sup- ply deficiencies in the appropriations for the Serv- ice of the Government for the fiscal year ending June thirtieth, eighteen hundred and sixty-nine, and for Other purposes,” limiting the compensation to be al- lowed for the disbursement of moneys appropriated for the construction of any public building was in- tended and shall be deemed and held to limit the compensation to be allowed to any disbursing officer who disburses moneys appropriated for and expended in the construction of any public building as afore- said to three-eighths of one per centum for said services. (March 3, 1875, c. 131, § 4, 18 Stat. 415.) $ 66.61. Same; moneys appropriated for pub- lic buildings or grounds not within city of Wash- ington—Any disbursing agent Who has been or may be appointed to disburse any appropriation for any |United States Court-house and post-office, or other building or grounds, not located within the city of Washington, shall be entitled to the compensation allowed by law to Collectors of customs for such amounts as have been or may be disbursed. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 306.) $ 66.62. Compensation of depositaries—The depositaries which have been or may be designated by the Secretary of the Treasury to receive payments: and give receipts or certificates of deposit for pub- lic money from miscellaneous sources, other than the transactions of the respective offices for which they are or may be commissioned, may be paid in full com- pensation for receiving, safely keeping, and paying 3 6663 (Tit: 40 THE PUPLIC MONEYS [Page 1070I Out Such public money, at the rate of one-half of one per centum for the first one hundred thousand dol- lars; One-fourth of One per centum for the second one hundred thousand dollars; and one-eighth of one per Centum for all Sums Over two hundred thousand dollars. Any Sum Which may have been allowed to such depositary for rent or any other contingent ex- penses in respect to the custody of such public mon- ey shall be deducted from Such Compensation, before any payment shall be made therefor. (R. S. § 3655.) § 6663. Same; limit on—No compensation shall be allowed for the services mentioned in the preced- ing section, when the emoluments of the office of which the designated depositary is in commission amount to the maximum compensation fixed by law; nor shall the amount allowed to any of the designated depositaries for such services, when added to the emoluments of the office of which he is in commission, be more than sufficient to make the maximum compen- sation fixed by law. (R. S. § 3656.) . § 6664. Same; limit on—For compensation to designated depositaries at Buffalo, New York; Louis- ville, Kentucky; and Pittsburgh, Pennsylvania, for receiving, safely keeping, and paying out public mon- ey, * * Provided, That no compensation shall be allowed for the above services when the emoluments of the office of which said designated depositary is in commission amounts to the maximum compensation fixed by law; nor shall the amount allowed to any of said designated depositaries for such services, when added to the emoluments Of the Office of which he is in commission, be more than sufficient to make the maximum compensation fixed by law: And provid- ed further, That the whole allowance to any desig- nated depositary for such service shall not exceed one thousand five hundred dollars per annum. (June 20, 1874, c. 328, § 1, 18 Stat. 96.) - § 6665. Collectors to act as disbursing agents - —The collectors of customs in the several collection- districts are required to act as disbursing agents for the payment of all moneys that are or may hereaft- er be appropriated for the construction of custom- houses, court-houses, post-offices, and marine hos- pitals; with such Compensation, not exceeding one- quarter of one per centum, as the Secretary of the Treasury may deem equitable and just. (R. S. § 3657.) § 6666. Special disbursing agents, where no collector authorized—Where there is no collector at the place of location of any public work specified in the preceding section, the Secretary of the Treas- ury may appoint a disbursing agent for the payment of all moneys appropriated for the construction of any such public work, with such compensation as he ma deem equitable and just. (R. S. § 3658.) - - § 6667. Investment of trust funds—All funds held in trust by the United States, and the annual interest accruing thereon, when not otherwise requir- ed by treaty, shall be invested in stocks of the Unit- # ed States, bearing a rate of interest not less than five per centum per annum. (R. S. § 3659.) § 6668. Disposition of trust funds received from foreign governments for citizens of United States—Trust Funds. Hereafter all moneys receiv- ed by the Secretary of State from foreign governments and other sources, in trust for citizens of the United States or others, shall be deposited and covered into the Treasury. . The Secretary of State shall determine the amounts due claimants, respectively, from each of . Such trust funds, and Certify the same to the Secretary of the Treasury, who shall, upon the presentation of the certificates of the Secretary of State, pay the amounts So found to be due. - . . Each Of the trust funds Covered into the Treasury as aforesaid is hereby appropriated for the payment to the ascertained beneficiaries thereof Of the Certifi- cates herein provided for. (Feb. 27, 1896, c. 34, 29 Stat. 32.) . § 6669. Payments of appropriations for charitable purposes—All moneys hereafter appro- priated for the aid, use, support, or benefit of any charitable, industrial, or other association, institution, or corporation, shall be placed to the credit of the proper fiscal officer of such association, institution, or corporation, by warrant of the Secretary of the Treasury, on the books of the Treasurer of the United States, or of an assistant treasurer or designated de- positary of the United States other than a national bank, and shall be paid out only On the checks of Such fiscal officer, drawn payable to the order of the per- son to whom payment is to be made, for Services, ma- terials, or any other purpose, and stating in Writing thereon the specific object or purpose to Which the avails thereof are to be applied: Provided, That when payments are to be made under twenty dollars, such fiscal officer may check in his own name, but shall state in writing on the check that the avails thereof are to be applied to the payment of Small claims, and shall furnish, to the Treasurer, assistant treasurer, or designated depositary on Whom the check is drawn, a certified list of such claims, which Iist shall set forth the amount and nature of each claim and the name of each claimant. (June 23, 1874, c. 455, § 1, 18 Stat. 216.) § 6670. Term of service of members of Gon- gress as trustees or directors of corporations or institutions appropriated for—Hereafter in all cas- es where Members of Congress or Senators are ap- pointed to represent Congress on any board of trus- tees or board of directors of any corporation or insti- tution to which Congress makes any appropriation, the term of said Members or Senators, as Such trus- tee or director, shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment. (March 3, 1893, c. 199, § 1, 27 Stat. 553.) TITLE XLI–APPROPRIATIONS Sec. 6671. Manner of communicating estimates. 6672. Order and arrangement of estimates and general appro- priation bills; estimates for Book of Estimates; on Special or additional estimates. 6672a. Special or additional estimates not conforming to § 6672. 6673. Estimates not conforming to requirements rearranged. 6674. Estimates for printing and binding. 6675. Estimates and appropriations for Geological Survey, Coast and Geodetic Survey, Hydrographic Office, and Signal Service. 6676. Estimates for printing and binding submitted in annual estimates; only appropriations made for printing and binding used therefor. 6676a. Same; contract or open market purchase for army in time of actual hostilities. 6677. Same; for Work of former Record and Pension Office. 6678. Estimates; for salaries. 6679. Same; reports in of number and salaries of inefficient employés. 6680. Same; statements in of condition of business in De- partments. 6681. Same; requisites of for appropriations for public works. 6682. Same; Statements in of buildings rented. 6683. Same; Statements in of buildings rented in District of Columbia. 6684. Same; rental of buildings; details of statements. 6685. Same; additional explanations. 6686. Same; amount of outstanding appropriations designated. , 6687. Permanent appropriation for expenses of national loan repealed; estimates of expenses for refunding nation- al debt. 6688. Estimates; for payment of judgments. 6689. Same; for Customs Service. 6690. Same; of statements of persons employed at mints and - assay offices, other than workmen and adjusters, paid out of appropriations for employés. 6691. Repeal of permanent indefinite appropriations for part- ing and refining bullion. 6692. Estimates; for expenses of laundering paper money. 6693. Same; for Revenue-Cutter Service. 6694. Same; for Public Health and Marine-Hospital Service. 6695. Same; reports in of persons employed on public build- IIlgS. 6696. Same; reports in of expenditure for repairs of public buildings. - 6696a. *;a detailed estimates for Federal Farm Loan O2.I’Oi. 6696aa. Same; detailed estimates for Federal Farm Loan Bu- • . I’eal, Ul. 6697. Same; for diplomatic and consular service. 6698. Same; for rent of and expenses at consular offices. 6699. Same; for river and harbor improvements. 6700. Same; for transportation of Army and supplies. 6701. Same; trusses for soldiers. 6702. Same; for construction or modernization of batteries. 6703. Same; for fortifications for insular possessions. * 6704. Same; for further extension of cable or telegraph lines in Alaska. - 6705. Same; for Navy Department to be specified. - 6706. Same; for pay of Navy. 6707. Same; statements in of number and salaries of per- §: employed under appropriations for increase of avy. 6708. Same; claims on Navy pension fund. 6709. Same; by Postmaster-General. 6710. Same; for railway mail service. 6711. Same; for money-order service. 6712. Same; for free delivery service. 6713. Same; geological survey to be itemized. 6714. Same; Geological Survey; number and compensation of employés during preceding year. 6714a. Same; for personal services required permanently and entirely in Bureau of Mines. 6715. Same; for Indian appropriations. 6716. Same; for clerk hire in office of disbursing clerk for payment of pensions. 6717. Same; for Freedmen’s Hospital. 6718. Same; for National Parks. 6719. Same; for expenses of insular and territorial affairs within jurisdiction of Department of Justice. 6719a. Same; for expenses of government in Territories. 6720. sº, or United States Penitentiary, McNeils Island, 3.SI). 6721. Same; for Department of Agriculture. 6722, 6723. [Superseded.] 6723a. Same; for Department of Agriculture; statement of payments for rent of buildings. 6724. Same; for Department of Commerce and Labor. 6725. Same; for Light-House Establishment. 6726. Same; for Light-House Establishment. 6727. Same; for officers and employés for Fish Commission. 6728. Same; for Census Office. 6728a. Same; for Federal Trade Commission. 6729. Same; for expenses of Department of Labor. 6730. Same; for Bureau of Immigration and Naturalization; Division of Information. Sec. 6731. 6745. 6746. 6747. 6748. 6749. 6750. 6751. 6752. 6752a. 6752h. 6753. 6754. 6755. 6756. 6757. 6758. 6759. 6760. 6761. 6762. 6762a. 6762b. 6762C. 67626. 67626. 6763. 6764. 6765. 6766. 6767. 6767a, 6767b. 6768. 6769. 6770. 6771. 6772. 6772a. [Page 1071] Same; for expenses of regulating immigration. Same; for Panama. Canal. Same; Submission to Congress. Same; appropriations and deficiencies; transmission through Secretary of Treasury; preparation. Same; time for furnishing to Secretary of Treasury. Same; annual estimates prepared and submitted only as required by law. Same; official designated to supervise preparation. Same; Statement of, if exceeding estimated revenues, transmitted to President. Same; Statements accompanying. Same; extracts from reports included in Book of Esti- mates. Same; Statements required With for lump sum appro- priations. - Same; statements required with for lump sum appro- priations; method of preparation. Same; expenses of collecting internal revenue. Same; Statement of proceeds of sales of old material. Same; statement of proceeds of Sales of old material separate from Book of Estimates. Same; statements of money received from proceeds of public property or other sources, and of payments therefrºom. Same; preceding section not to apply to Subsistence Department of Army. Drafts for War and Navy Departments. Restriction on payments on account of postal service. Form of drawing and charging warrants. Charge against fund “Pay of the Army” of detained pay. Charge against fund “Transportation, recruiting, contingent” of transportation of men discharged. Disbursements; for Signal Service. Same; for Signal Service and military telegraph lines. Settlement of transactions between appropriations; for Signal corps, bureaus in War Department, and other Executive Departments. w Same; for Academy, Bureaus in War Department, and other Executive Departments. 2. Appropriations for Navy controlled by Secretary; for Bureaus kept separately. - Credit to appropriation “Pay miscellaneous” of premi- ums from Sale of exchange. Requisitions of Secretary of Navy for advances. Same; how charged. Same; settlement of accounts, Creation of “Small-stores fund.” Consolidation of “Clothing fund” fund.” Naval supplies; purchase, and classification and issue, for Navy, and not for bureaus. “Naval Supply . Account;” stores on hand and pur- chases charged to ; payments from “General Account of Advances,” returned. “Naval Supply Fund” abolished; “Naval Supply Ac- count” to govern charging and crediting of stores for Naval Establishment; limitation of , expenditure under “General Account of Advances.” - Appraised value of stores, equipage, and supplies turn- ed in from ships, and ships’ equipage credited to cur- rent appropriations, and available for expenditures for same purposes. 3. - Overhead charges at navy yards and stations charged against appropriations for support of Naval Estab- lishment. Equipment outfits charged against appropriation “In- crease of the Navy, construction and machinery.” Expenses , of certain naval auxiliaries charged against appropriation “Fuel and transportation.” Accounting for appropriations for obtaining informa- tion from abroad and at home. Construction of appropriation acts. Application of moneys appropriated. Lump sum appropriations; not available for increased salaries. Same; salaries of scientific and technical employés of Department of Agriculture. Appropriations for Quartermaster's Department; no payment of extra-duty pay for Army service men at West Point from. Appropriations for horses; expenditures from. Appropriations for support of Army; use for supplies for Subsequent years. Appropriations for Ordnance-stores ammunition avail- able for two years. Appropriations for Ordnance Department; ture for freight charges. Expenses of manufacturing operations by Chief of Ord- nance charged against appropriations therefor. Use of material procured under appropriation in manu- facturing Operations by Chief of Ordnance. Expenses of Ordnance Department in procuring stores for other departments or bureaus. Stores or services by one bureau of War or Navy De- partments for another; requisition; replacement. and and “Small-stores Ino expendi- ź 6671 APPROPRIATIONS (Tit. 41 [Page 1072I Sec. e e -- Sec. UNDER THE NAVY DEPARTMENT 6773. Pººl.º.º. included in cost of Work § Fº for lost clothing. 6774. Appropriation for Coast and Geodetic Survey; purchas- ( rize-money. 6775. E. €S ; f lies f t d iudicial Offi TJNIDER THE INTERIOR DEPARTMENT º xpendltures for supplies for courts and Judicial officers. 41) D - - - 6776. Appropriations for Court of Customs Appeals; detailed § #. sº *...*.*.*.*.*nd to States statement of expenditure. (lands). y 6777. Appropriation for furniture and repairs for public build- (43) Indemnity for swamp-lands for States ings; certain expenditures to cease. - (44) Refunding money for lands erroneously sold. 6778. Expenditures in excess of appropriations; voluntary (45) [Obsolete.] service in excess of that authorized, forbidden; ap- (46) [Repealed.] portionment of appropriations for contingent expenses (47) Payment of interest to North Carolina. Cherokees or other general purposes. - (48) [Obsolete.] & 6778a. gºus services of members of Officers’ Reserve (49) Smithsonian Institution. 6779. Footing of paragraphs to determine amount appropri- JUDICIAL ated. - - +} ºv. H. 6780. Appropriations for contingent expenses of Congress; re- supreme COURT OF THE UNITED STATES strictions. (50) Salaries; Supreme Court reporter. 6781. Expenses of commissions and inquiries. t 6782. Use of public moneys or appropriations for compensa- MISCELLANEOUS tion or expenses of commission; details from execu- (51) [Superseded.] tive departments to such commission prohibited. £800. Balances of appropriations; expenditure. 6783. Restrictions on contingent appropriations. 6801. Same; disposal after two years. 6784. Purchases from contingent funds. 6802. Same; carried to surplus fund. 6785. Expenditure of appropriations for contingent expenses 6803. Same; reports of balances needing to be reappropriated. of Post-Office Department. º 6803a. Same; reappropriation to other purpose construed as 6786. Purchases of books from appropriations for contingent new appropriation. - expenSeS. 6804. Appropriations in annual appropriation acts not perma- 6787. Expenditure from appropriations for private telephone nent. Service. 6805. Unexpended balances; permanent appropriations for 6787a. Same; allowance of accounts for. collecting customs revenue carried to surplus fund. 6788. Apportionment of contingent fund of Departments to of— º; §: ; º: Nº. OI’ *H, º ºv; º fices and bureau.S. & arrie; IOr Nationa. OIOle IOI L)1Sa. Of € Olli Inteer SOI- 6789. System of bookkeeping in Bureau of Indian Affairs; al- diers. º lotment of appropriations; classified statement to ac- 6808. Proceeds of sales of material. 6789a, gºpany estimates. § 6671. Manner of communicating estimates 6790. Buildings under control of Treasury Department. —The heads of Departments, in communicating esti- 67953. 6796. §757a. 6798. $799. Same; Appropriations for public buildings available until com— pletion of Work. Pay of assistant custodians and janitors. Light-houses. Foreign hydrographic surveys. Appropriations for public buildings available only for purposes specifically enumerated; separate estimates for appropriations for administrative work; appoint- ments subject to civil Service laws and rules; state- ment in estimates as to persons employed. Advances from appropriation “Boundary Line, Alaska. and Canada, and the United States and Canada.” PERMAN ENT ANNUAL APPROPRIATIONS Detection and prevention of frauds on customs revenue. increase of amount to be expended. Same; increase of amount to be expended. Public debt. © Permanent indefinite appropriations. MISCELLANEOUS (1) [Repealed.] EXECUTIVE TJNDER THE TREASURY DEPARTMENT (2) [Obsolete.] (3) Consular receipts. (4-7) [Obsolete.] (8) [Repealed.] (9) Interest on public debt. Bonds issued to Pacific Railway. [Repealed.] Refunding national debt. Sinking fund. ered. [Obsolete.] [Superseded.] Rººms taxes illegally collected (internal reve- Yılı Ç). (18) Redemption of stamps (internal revenue). (19) Debentures and other charges (customs). Debentures and drawbacks (customs). [Superseded.] - Repayment of excess of deposits for unascertained duties (customs). (23) Refunding duties on goods destroyed (customs). (24) Marine-hospital establishment. (25) [Obsolete.] (26) Rºns proceeds of goods seized and sold (cus- tomS). (27) Refunding proceeds of unclaimed merchandise (customs). (28–30) [Obsolete.] TJNDER THE WAR DEPARTMENT (31) [Obsolete.] (32) [Repealed.] . (33) Soldiers’ Home. (34) Horses and other property lost in military service. (35-38) [Obsolete.] Refunding moneys erroneously received and cov- mates Of eXpenditures and appropriations to Congress, Or to any of the committees thereof, shall Specify, as nearly as may be convenient, the sources from which Such estimates are derived, and the calculations upon Which they are founded, and shall discriminate be- tWeen Such estimates as are Conjectural in their char- acter and such as are framed upon actual informa- tion and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respectively, authorized, specifying the date of each, and the Vol- - ume and page of the Statutes at Large, Or Of the Re- vised Statutes, as the case may be, and the Section Of the act in which the authority is to be found. (R. S. § 3660.) § 6672. Order and arrangement of estimates and general appropriation bills; estimates for Book of Estimates; on special or additional esti- mates—EIereafter the estimates for expenses of the Government, except those for sundry civil expenses, shall be prepared and Submitted each year acCOrding to the order and arrangement of the appropriation Acts for the year preceding. And any changes in such Order and arrangement, and transfers of salaries from One Office or bureau to another office or bureau, or the consolidation of Offices or bureaus desired by the head of any Executive Department may be submitted by note in the estimates. The Committees of Con- gress in reporting general appropriation bills shall, as far as may be practicable, follow the general order and arrangement of the respective appropriation Acts for the year preceding. - Hereafter the heads of the several Executive Depart- ments and all other officers authorized or required to make estimates for the public service shall include in their annual estimates furnished the Secretary of the Treasury for inclusion in the Book of Estimates all es- timates Of appropriations required for the Service of the fiscal year for which they are prepared and Sub- mitted, and Special Or additional estimates for that fiscal year shall Only be submitted to carry out laws subsequently enacted, or when deemed imperatively necessary for the public service by the Department in which they shall originate, in which case such spe- cial or additional estimate shall be accompanied by a full statement of its imperative necessity and rea- Sons for its Omission in the annual estimates. (June 22, 1906, c. 3514, § 4, 34 Stat. 448.) w Tit. 41) # 6684 APPROPRIATIONS [Page 1073] § 6672a. Special or additional estimates not conforming to § 6672—The Secretary of the Treas- ury shall not hereafter transmit special Or additional estimates Of appropriations to Congress unless they shall conform to the requirements of section four of the Act approved June twenty-second, nineteen hun- dred and six (Thirty-fourth Statutes, page four hun- dred and forty-eight). (Sept. 8, 1916, c. 464, § 4, 39 Stat. 830.) - § 6673. Estimates not conforming to require- ments rearranged—When estimates hereafter trans- mitted to the Treasury for Submission to Congress do not in form and arrangement comply with the provi- Sions of Section four of the legislative, executive, and judicial appropriation Act, approved June twenty-sec- ond, nineteen hundred and six, they shall, under direc- tion of the Secretary of the Treasury, be rearranged so as to comply with said requirements of law. (March 4, 1909, c. 297, § 4, 35 Stat. 907.) § 6674. Estimates for printing and binding— The head of each of the Executive Departments, and every other public officer who is authorized to have printing and binding done at the Congressional Print- ing-Office for the use of his Department or public office, shall include in his annual estimate for appro- priations for the next fiscal year such sum or Sums as may to him seem necessary “for printing and bind- .ing, to be executed under the direction of the Con- gressional Printer.” (R. S. § 3661.) See §§ 6980, 6981, 6983, 7166, 7174. § 6675. Estimates and appropriations for Ge- ological Survey, Coast and Geodetic Survey, Hy- drographic Office, and Signal Service—All printing and engraving for the Geological Survey, the Coast and Geodetic Survey, the Hydrographic Office of the Navy Department, and the Signal Service shall here- after be estimated for separately and in detail, and appropriated for separately for each of said Bureaus. (Aug. 4, 1886, c. 902, § 1, 24 Stat. 255.) See § 7149. - § 6676. Estimates for printing and binding submitted in annual estimates; only appropria- tions made for printing and binding used there- 'for—Hereafter there shall be Submitted in the regu- lar annual estimates to Congress under and as a part Of the expenses for “Printing and binding,” estimates for all printing and binding required by each of the Executive Departments, their bureaus and Offices, and Other Government establishments at Washington, DiS- trict of Columbia, for each fiscal year; and after the fiscal year nineteen hundred and Seven no appropria- tions other than those made specifically and Solely for printing and binding shall be used for such purposes in any Executive Department or other Government es- tablishment in the District of Columbia: Provided, That nothing in this section shall apply to stamped envelopes, or envelopes and articles of stationery Oth- er than letter heads and note heads, printed in the course of manufacture. (June 30, 1906, c. 3914, § 2, 34 Stat. 762.) § 6676a. Same; contract or open market pur- chase for army in time of actual hostilities—In time of actual hostilities the Secretary Of War may procure from commercial or other printing establish- ments, by contract or Open market purchase, such printing and binding as may be required for the use of the Army and also for the National Guard of the Several States and Territories and Of the District of Columbia or other military forces while in the mili- tary service of the United States or about to be called into said service, payment for Such printing and bind- ing to be made from available appropriations. (June 30, 1906, c. 3914, § 2, 34 Stat. 762, amended, Act May 12, 1917, c. 12, 40 Stat. 74.) - See § 7159aa. * § 6677. Same; for work of former Record and Pension Office—Nothing in section two of the sundry civil appropriation Act for the fiscal year ending June thirtieth, nineteen hundred and seven, shall hereafter COMP.ST.’18—68 be held to apply to so much of the printing and bind- ing as is necessary to expedite, the work of that branch of the Military Secretary’s Office that was formerly known as the Record and Pension Office of the War Department. (March 4, 1907, c. 2918, § 1, 34 Stat. 1367.) - § 6678. Estimates; for salaries—All estimates for the compensation of officers authorized by law to be employed shall be founded upon the express pro- Visions of law, and not upon the authority of execu- tive distribution. (R. S. § 3662.) § 6679. Same; reports in of number and sala- ries of inefficient employés—Hereafter it shall be the duty of the heads of the several executive Depart- ments of the Government to report to congress each year in the annual estimates the number of employees in each bureau and Office and the Salaries Of each who are below a fair standard of efficiency. (July 11, 1890, c. 667, § 2, 26 Stat. 268.) r § 6680. Same; statements in of condition of business in Departments—It shall be the duty Of the head of each Executive Department or other Government establishment in the City of Washington to submit to the first regular session of the Fifty- fourth Congress, and annually thereafter, in the An- nual BOOk Of Estimates, a statement as to the COn- dition of business in his Department or other Govern- ment establishment, showing whether any part of the Same is in arrears, and, if so, in what divisions of the respective bureaus and offices of his Department or Other Government establishment such arrears exist, the extent thereof, and the reasons therefor, and also a statement of the number and Compensation of em- ployees appropriated for in One bureau or office who have been detailed to another bureau or Office for a period exceeding one year. (March 2, 1895, c. 177, § 7, 28 Stat. 808.) $ 6681. Same; requisites of for appropriations for public works—Whenever any estimate submitted to CongreSS by the head of a Department asks an appropriation for any new specific expenditure, such as the erection of a public building, or the Construction Of any public work, requiring a plan before the build- ing or work can be properly completed, such estimate Shall be accompanied by full plans and detailed es- timates of the cost of the whole work. All subsequent estimates for any such work shall state the original estimated cost, the aggregate amount theretofore ap- propriated for the same, and the amount actually ex- pended thereupon, as well as the amount asked for the Current year for Which Such estimate is made. And if the amount asked is in excess of the original esti- mate, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated. (R. S. § 3663, amended by Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) See §§ 6905, 6906, 6930, 6931. § 6682. Same; statements in of buildings rent- ed—It shall be the duty Of the heads of the several executive departments to submit to Congress each year, in the annual estimates Of appropriations, a statement of the number of buildings rented by their respective departments, the purposes for which rented, and the annual rental of each. (March 3, 1883, c. 12S, § 1, 22 Stat. 552.) § 6683. Same; statements in of buildings rented in District of Columbia–Hereafter it shall be the duty of the Secretary of the Treasury to cause to be prepared and submitted to Congress each year, in the annual Book Of Estimates of Appropriations, a statement of the buildings rented within the District of Columbia for the use of the Government, the pur- poses for which rented, and the annual rental of each. (July 16, 1892, c. 196, § 1, 27 Stat. 199.) § 6684. Same; rental of buildings; details of statements—PIereafter the statement of buildings rented within the District of Columbia for use of the Government, required by the Act of July sixteenth, eighteen hundred and ninety-two (Statutes at Large, # 6685 APPROPRIATIONS (Tit. 41 [Page 1074] Volume twenty-Seven, page one hundred and ninety- nine), shall indicate as to each building rented the area thereof in Square feet of available floor space for Government uses, the rate paid per square foot for such floor space, the assessed valuation of each building, and what proportion, if any, of the rental paid includes heat, light, elevator, or other service. (May 1, 1913, c. 1, § 3, 38 Stat. 3.) § 6685. Same; additional explanations—When- ever the head of a Department, being about to Submit to Congress the annual estimates of expenditures re- quired for the Coming year, finds that the usual items of such estimates vary materially in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for the preceding year, and when- ever new items not theretofore usual are introduced into such estimates for any year, he shall accompany the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts are required, and the different items added. (R. S. § 3664.) § 6686. Same; amount of outstanding appro- priations designated—The head of each Depart- ment, in submitting to Congress his estimates of ex- penditures required in his Department during the year then approaching, shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount Of the Outstanding appropria- tion, if there be any, which will probably be required for each particular item of expenditure. (R. S. § 3665.) - See § 293. § 6687. Permanent appropriation for expens- es of national loan repealed; estimates of ex- penses for refunding national debt—The act enti- tled “An act limiting the appropriation of certain mên- eys for the preparation, issue, and reissue of certain Securities of the United States, and for Other purpos- es,” approved May twenty-third, eighteen hundred and seventy-two, and all other acts and parts of acts making permanent appropriations for the expenses Of the national loan, except the Second Section Of the act approved July fourteenth, eighteen hundred and Seventy, entitled “An act to authorize the refunding of the national debt,” are hereby repealed, this re- peal to take place on the first day of July next ; and hereafter the Secretary of the Treasury shall annual- ly Submit to Congress detailed estimates of appropri- ations required for said expenses. (June 20, 1874, c. 328, § 4, 18 Stat. 109.) See §§ 357, 389. § 6688. Estimates; for payment of judgments —EIereafter estimates for the payment of all judg- ments against the United States, including judgments in Indian depredation claims and Of United States courts shall be transmitted to Congress through the Treasury Department as other estimates of appro- priations are required to be transmitted. (April 27, 1904, c. 1630, § 1, 33 Stat. 422.) § 6689. Same; for Customs Service—It shall be the duty of the Secretary of the Treasury to include in his next estimates to CongreSS, and annually there- after, a statement Specifying in detail the number and Class of Officers and employees of every grade and nature, with the rate of compensation to each, that may in his judgment be necessary to properly conduct the business of collecting the revenue at each port of entry in the United States, together with an esti- mate of the amounts required for contingent expenses at each of said ports, and for such additional expens- es of the Service as cannot be otherwise specifically provided for. (Aug. 5, 1882, c. 389, § 5, 22 Stat. 256.) § 6690. Same; of statement of persons em- ployed at mints and assay offices, other than workmen and adjusters, paid out of appropria- tions for employés—The Secretary of the Treasury shall report to Congress each year in the annual esti- mates the number of persons employed, other than rine-Hospital. Service. Workmen and adjusters, and the compensation paid to each, at each mint and assay office, out of appro- priations made for wages of workmen, adjusters, and ; employees. (Feb. 3, 1905, c. 297, § 1; 33 Stat. § 6691. Repeal of permanent indefinite ap- propriations for parting and refining bullion—All laws and parts of laws, to the extent that they make a permanent indefinite appropriation for the expens- es of parting and refining bullion, are repealed to take effect from and after June thirtieth, nineteen hundred and twelve, and the Secretary of the Treas- ury shall, for the fiscal year nineteen hundred and thirteen, and annually thereafter, submit to Congress, in the regular Book of Estimates, detailed estimates for the expenses of this service. The unexpended balance, after meeting all obliga- tions, Of the permanent indefinite appropriation for parting and refining bullion remaining on the books Of the Treasury two years after the close Of the fiscal year nineteen hundred and twelve shall be covered into the Treasury as a miscellaneous receipt. (March 4, 1911, c. 240, 36 Stat. 1292.) See §§ 6516, 65.17. § 6692. Estimates; for expenses of laundering paper money—The Secretary of the Treasury may employ such number of expert money assorters, feed- ers, and other employees, and expend such sums for Contingent and miscellaneous items and for the pur- Chase Or Construction and installation of paper-money laundering machines as may be necessary, in his judgment, to install, maintain, and operate such laundering machines in the Treasury at Washington and at the Subtreasuries: * * Provided further, That estimates hereunder shall be Submitted in de- tail for the fiscal year nineteen hundred and four- teen, and annually thereafter. (Aug. 26, 1912, c. 408, § 1, 37 Stat. 595.) § 6693. Same; for Revenue-Cutter Service— It shall be the duty of the Secretary of the Treasury to Submit the estimates for the Revenue-Cutter Serv- ice for the fiscal year eighteen hundred and ninety-one, and for each year thereafter, in detail, showing sepa- rately, the amount required for pay of Officers, ra- tions for officers, pay of crews, rations of Crews, fuel, repairs and outfits, ship-chandlery, and for traveling and contingent expenses. He shall also include in the annual Book of Estimates a statement showing the authorized number Of Officers and Cadets in the Revenue Cutter Service, their rank and pay; also the number of men constituting the Crews of vessels in said service. (March 2, 1889, c. 410, § 1, 25 Stat. 907.) § 6694. Same; for Public Health and Marine- Hospital Service—The Secretary Of the Treasury shall, for the fiscal year nineteen hundred and seven, and annually thereafter, Submit to Congress, in the regular Book of Estimates, detailed estimates of the expenses of maintaining the Public Health and Ma- (March 3, 1905, c. 1484, § 1, 33 Stat. 1217.) § 6695. Same; reports in of persons employed on public buildings—The Secretary of the Treasury shall for the fiscal year eighteen hundred and eighty- Seven, and for each fiscal year thereafter in the an- nual estimates, report to Congress the number of per- Sons employed OutSide of the District Of Columbia, as Superintendents, clerks, watchmen and otherwise, and paid from appropriations for the COnstruction of pub-. lic buildings showing where said persons are em- ployed, in what capacity, the length of time and at what rate of compensation. (March 3, 1887, c. 362, 24 Stat. 512.) w § 6696. Same; reports in of expenditure for repairs of public buildings—Hereafter the Secre- tary of the Treasury shall annually report to Congress in the Book of Estimates a statement of the expendi- ture of the appropriation for “repairs and preserva- tion of public buildings” which shall show the amount Tit, 41) # 6707 APPROPRIATIONS [Page. 1075] expended on each public building and the number of persons employed and paid salaries from such ap- propriation. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 374.) § 6696a. Same; detailed estimates for Feder- al Farm Loan Board–Hereafter detailed estimates for appropriations for the Federal Farm Loan Board shall be annually submitted to Congress. (Sept. 8, 1916, c. 464, § 1, 39 Stat. 803.) - § 6696aa. Same; detailed estimates for Fed- eral Farm Loan Bureau—Estimates in detail for all expenditures under the Federal Farm Loan Bureau for the fiscal year nineteen hundred and nineteen, and annually thereafter, shall be submitted to Congress in the annual Book of Estimates. (March 3, 1917, c. 163, § 1, 39 Stat. 1084.) § 6697. Same; for diplomatic and consular service—Hereafter the Secretary of State shall in the estimates for the annual expenditures of the ex- penses of diplomatic and consular service estimate for the entire amount required for its support, in- cluding all commercial agents and other officers, whether paid by fees or otherwise, specifying the compensation to be allowed or deemed advisible in each individual Case. 133.) * See § 3209. * § 6698. Same; for rent of and expenses at con- sular offices—Hereafter the Secretary of State shall, in submitting estimates for the consular service, segregate, and submit separately, estimates for rent Of consular offices, and under contingent expenses estimate for the amount required annually to be ex- pended at consular offices for purposes within the discretion of the Department. (March 3, 1905, c. 1484, § 1, 33 Stat. 1214.) - § 6699. Same; for river and harbor improve- ments—Hereafter the Secretary of War shall annual- ly Submit estimates in detail for river and harbor im- provements required for the ensuing fiscal year to the Secretary of the Treasury to be included in and Carried into the sum total of, the Book of Estimates. (June 4, 1897, c. 2, § 1, 30 Stat. 48.) See § 3066. . - § 6700. Same; for transportation of Army and supplies—Estimates for the next fiscal year shall be submitted to the Congress of the United States COVering transportation of the Army and its Supplies in One estimate, and additional estimates shall be Submitted covering other items heretofore carried in appropriation bills under the head of transportation of the Army and its supplies. (March 2, 1907, c. 2511, 34 Stat. 1170) . § 6701. Same; trusses for soldiers—So much of Section eleven hundred and seventy-eight of the Re- | vised Statutes of the United States as makes a per- manent indefinite appropriation to purchase trusses for soldiers is repealed, to take effect after June thirtieth, nineteen hundred and nine, and esti- mates of sufficient sums for the purchase of such trusses shall be submitted to Congress for the fiscal year nineteen hundred and ten, and annually there- after, in the regular Book of Estimates. (May 27, 1908, c. 200, § 1, 35 Stat. 367.) R. S. § 1178, is § 2186. § 6702. Same; for construction or moderni- zation of batteries—Hereafter estimates shall not be submitted to Congress for appropriations for con- Struction of gun and mortar batteries, modernizing older emplacements, and other construction under the Engineers Department, in Connection with fortifica- tions, until after plans and estimates of cost shall have been prepared therefor. (Feb. 13, 1913, c. 51, 37 Stat. 671.) - . § 6703. Same; for fortifications for insular possessions–Hereafter all estimates for fortifications for insular possessions Of the United States shall be (July 1, 1882, c. 262, 22 Stat. made and submitted to Congress showing amount pro- . posed to be expended at each harbor in each insular jossession. (March 3, 1905, c. 1402, 33 Stat. 847.) § 6704. Same; for further extension of cable or telegraph lines in Alaska—Hereafter detailed estimates shall be submitted to Congress for any further extension of the cable or telegraph lines in the fººt of Alaska. (March 2, 1907, c. 251.1, 34 Stat. 159.) * - § 6705. Same; for Navy Department to be specified—The estimates for expenditures required by the Department of the Navy for the following pur- poses Shall be given in detail, and the expenditures made under appropriations therefor shall be account- ed for SO as to show the disbursements of each Bu- reau under each respective appropriation: First. Freight and transportation. Second. Printing and stationery. Third. Advertising in newspapers. Fourth. Books, maps, models, and drawings. Fifth. Purchase and repair of fire-engines and ma- Chinery. * Sixth. Repairs of and attending to steam-engines in navy-yards. - Seventh. Purchase and maintenance of horses and OXen, and driving teams. Eighth. Carts, timber-wheels, and the purchase and repair of workmen’s tools. - - Ninth. Postage of public letters. Tenth. Fuel, oil, and candles for navy-yards and Shore-stations. - . . Eleventh. Pay of watchmen and incidental labor not Chargeable to any other appropriation. Twelfth. Transportation to, and labor attending the delivery of provisions and stores on foreign sta- tions. - Thirteenth. Wharfage, dockage, and rent. Fourteenth. Traveling expenses of officers and oth- ers under Orders. Fifteenth. Funeral expenses. Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store-keepers. Seventeenth. Flags, awnings, and packing-boxes. Eighteenth. Premiums and Other expenses of re- Cruiting. - Nineteenth. Apprehending deserters. - Twentieth. Per-diem pay to persons attending courts-martial, Courts of inquiry, and other services authorized by law. Twenty-first. Pilotage and towage of vessels, and aSSistance to Vessels in distress. Twenty-second. Bills of health and quarantine ex- penses of vessels of the United States Navy in for- eign ports. (R. S. § 3666.) § 6706. Same; for pay of Navy—The estimates for the support Of the Navy shall hereafter show, under the head of Pay of the Navy, the sums allowed for pay of Officers belonging to the line, to the several departments of the staff, and to the retired list; the estimates to show under each head the amount al- lowed for pay proper, for increases due to longevity and foreign service, and for pay at Sea rates to of— ficers employed on shore; together with the total number of warrant and petty Officers and seamen of the several grades and designations, including as to each class the amount allowed for pay proper and for longevity or service increases. The estimates shall include a list giving the rates of pay for all petty officers and other enlisted men of the Navy. (March 3, 1909, c. 255, 35 Stat. 754.) § 6707. Same; statements in of number and salaries of persons employed under appropria- tions for increase of Navy—It shall be the duty of the Secretary of the Navy to submit in the Book of Es- timates for the fiscal year nineteen hundred and tWO, and annually thereafter, under the respective bu- reaus and Offices Of the Navy Department, a State- ment in detail, showing the number of persons em- ployed during the previous fiscal year and the rate of compensation of each under appropriations for “In- & 6708 (Tit. 41 APPROPRIATIONS IIPage 1076] crease of the Navy” or other general appropriations. (April 17, 1900, c. 192, § 1, 31 Stat. 117.) § 6708. Same; claims on Navy pension fund— The Secretary of the Navy shall annually submit to Congress estimates of the claims and demands charge- able upon and payable out of the naval pension fund. (R. S. § 3667.) - § 6709. Same; by Postmaster-General—The Postmaster-General shall submit to Congress at each annual session an estimate of the amount that will be required for the ensuing fiscal year, under each of the following heads: - First. Transportation of the mails. Second. Compensation of postmasters. Third. Compensation of clerks in post-offices. Fourth. Compensation of letter-carriers. Fifth. Compensation of blank-agents and assistants. Sixth. Mail depredations and special agents. Seventh. Postage-stamps and envelopes. Eighth. Ship, steamboat, and way letters. Ninth. Dead letters. Tenth. Mail-bags. Eleventh. Mail locks, keys, and stamps. Twelfth. Wrapping-paper. Thirteenth. Office-furniture. Fourteenth. Advertising. Fifteenth. Balances to foreign countries. Sixteenth. Rent, light, and fuel for post-offices. Seventeenth. Stationery. Eighteenth. Miscellaneous. Such estimates shall show the sums paid under each head, and the names of the persons to whom payments are made Out of the miscellaneous fund ; but the names Of persons employed in detecting dep- redations On the mail, and of other confidential agents, need not be disclosed. (R. S. § 3668.) § 6710. Same; for railway mail service–Here- after, in making his estimates for railway mail serv- ice, the Postmaster General shall separate the esti- mate for postal-car service from the general esti- mates; and in case any increase or diminution of Service by postal cars shall be made by him, the reasons therefor shall be given in his annual report next Succeeding such increase or diminution. (March 3, 1879, c. 180, § 1, 20 Stat. 857.) - § 6711. Same; for money-order service—The POStrmaster-General shall for the fiscal year eighteen hundred and ninety-eight, and annually thereafter, Submit in the annual estimates to Congress estimates in detail for all expenses of the money-order branch § the postal service. (June 9, 1896, c. 386, 29 Stat. 16.) § 6712. Same; for free delivery service—The Postmaster-General shall for the fiscal year eighteen hundred and ninety-nine, and annually thereafter, Submit in the annual estimates to Congress estimates in detail as far as practicable for expenses of the free delivery service. (March 3, 1897, c. 385, 29 Stat. 648.) § 6713. Same; geologieal survey to be itemiz- ed—Hereafter the estimates for the Geological Sur- vey shall be itemized. (March 3, 1887, c. 362, 24 Stat. 527.) § 6714. Same; Geological Survey; number and compensation of employés during preceding year—Hereafter, in lieu of the Specific estimates for personal Services now required by law, there shall be Submitted in the Annual Book of Estimates, under each item of appropriation under “General expenses of the Geological Survey,” notes showing the number of persons employed and the rate of compensation paid to each from each of said appropriations during the fiscal year next preceding the fiscal year for which estimates are submitted. 1301, § 1, 32 Stat. 455.) § 6714a. Same; for personal services re- quired permanently and entirely in Bureau of Mines—FOr the fiscal year nineteen hundred and seventeen, and annually thereafter, estimates shall (June 28, 1902, c. be submitted specifically for all personal services re- hº quired permanently and entirely in the Bureau of Mines at Washington, District of Columbia, and pre- viously paid from lump-sum or general appropria- tions. (March 3, 1915, c. 75, § 1, 38 Stat. 858.) § 6715. Same; for Indian appropriations— Hereafter the estimates for appropriations for the Indian Service shall be presented in such form as to ShoW the amounts required for each of the agencies in the several States or Territories, and for said States and Territories respectively. . (Aug. 15, 1876, c. 289, § 4, 19 Stat. 200.) - § 6716. Same; for clerk hire in office of dis- bursing clerk for payment of pensions—Estimates in detail shall be submitted for the fiscal year nine- teen hundred and fourteen and annually thereafter for clerks and others employed in the office of the disbursing clerk for the payment of pensions and the amounts to be paid to each... (Aug. 17, 1912, c. 301, § 1, 37 Stat. 312.) . . . . . . . • § 6717. Same; for Freedmen’s Hospital—Here- after estimates for expenses and maintenance of the Freedmen's Hospital and Asylum: shall be submitted by the Secretary of the Interior. (March 3, 1905, c. 1483, § 1, 33 Stat. 1190.) ... ." § 6718. Same; for National Parks—Hereafter the Secretary of the Interior shall submit in the an- nual Book of Estimates, following the estimates for each of the national parks, a classified statement of the receipts and expenditures for the complete fiscal year next preceding the fiscal year for which esti- mates of appropriations are submitted. (March 4, 1911, c. 285, § 1, 36 Stat. 1421.) • § 6719. Same; for expenses of insular and territorial affairs within jurisdiction of Depart- ment of Justice—Insular and Territorial affairs: For defraying the necessary expenses incurred in the Conduct of insular and other territorial matters and affairs within the jurisdiction of the Department of Justice, including the payment of necessary employees at the seat of government or elsewhere, to be select- ed and their COmpensation fixed by the Attorney-Gen- eral, and to be expended under his direction, * * : Provided, That estimates under this appropriation Shall hereafter be submitted in detail under Legisla- tive, Executive, and Judicial expenses. (March 3, 1905, c. 1483, § 1, 33 Stat. 1206.) * § 6719a. Same; for expenses of government in Territories—Hereafter the estimates for expenses Of government in the Territories shall be submitted through and be subject to revision by the Department of the Interior. (July 16, 1914, c. 141, § 1, 38 Stat. 479.) - § 6720. Same; for United States Peniten- tiary, McNeils Island, Wash.—United States Peni- tentiary, McNeils Island, Washington: For the fiscal year nineteen hundred and ten, and annually there- after, the Attorney-General shall submit estimates in detail for all expenses of maintaining said peniten- tiary, including salaries of all necessary officers and employees therefor. (May 27, 1908, c. 200, § 1, 35 Stat. 374.) - § 6721. Same; for Department of Agriculture —Hereafter the estimates of appropriations for the Department of Agriculture shall be prepared and Sub- mitted each year according to the Order and arrange- ment of the Act for the year preceding; and any changes in such order or arrangement desired by the Secretary of Agriculture may be submitted by note in the estimates. It shall be the duty of the Secretary of *...*. to submit, in the Book of Estimates for the fiscal year nineteen hundred and four, and annually thereafter, immediately following estimates of each of the re- . spective Offices, bureaus and divisions of the Depart- ment of Agriculture a Statement showing in detail the number of clerks who were employed in the Dis- trict of Columbia upon regular and continuous work for thirty days or more during the previous fiscal year in Or under such offices, bureaus or divisions Tit. 41) 2 6733 APPROPRIATIONS [Page 1077. I under authority of and paid from general appropria- tions, indicating in the case of every such employment the rate of compensation received and the appropria- tion from which paid. (June 3, 1902, c. 985, 32 Stat. 303.) - See § 8707. - §§ 6722, 6723. [Superseded.] - Section 6722, a provision of Act May 26, 1910, , c. 256, 36 Stat. 440, read as follows: “The Secretary of Agricul- ture for the fiscal year nineteen hundred and twelve, and annually thereafter, shall transmit to the Secretary of the Treasury for submission to Congress in the Book of Estimates detailed estimates for all executive officers, clerks, and employees below the grade of clerk, indicating the salary or compensation of each, necessary to be €Iſl- ployed by the various bureaus, offices, and divisions of the Department of Agriculture.” Section 6723, a provision of Act Aug. 10, 1912, c. 284, 37 Stat. 301, read as follows: “Hereafter so much of the Act of May twenty-sixth, nine- teen hundred and ten (Thirty-sixth Statutes, page four hundred and sixteen), as requires the Secretary of Agri- culture to transmit . annually to the Secretary of the Treasury, for submission to Congress, detailed estimates for executive officers, clerks, and other employees in the various bureaus, offices, and divisions of the Department of Agriculture shall, not apply to such employees, in the meat-inspection service Or employees engaged in the eIl- forcement of the insecticide Act of nineteen hundred and ten.” These sections were superseded by a provision of Act Aug. 11, 1916, c. 313 (§ 838a). gº § 6723a. Same; for Department of Agricul- ture; statement of payments for rent of build- ings—Rent of buildings, Department of Agriculture: For rent of buildings and parts of buildings in the District of Columbia, for use of the various bureaus, divisions, and offices of the Department of Agriculture, $123,689: Provided, That the Secretary of Agriculture shall submit annually to CongreSS in his estimates. Of appropriations a statement showing what proportion of this appropriation is paid for the quarters OCCu- pied by the various branches of the department. (March 4, 1915, c. 144, 38 Stat. 1108.) . § 6724. Same; for Department of Commerce and Labor—That the Secretary of Commerce [and Labor] shall submit to Congress for the fiscal year nineteen hundred and five, and annually thereafter, estimates in detail for all personal services and for all general and miscellaneous expenses for the De- partment of Commerce [and Labor]. (March 3, 1903, c. 1006, § 8, 32 Stat. 1082.) - Text in brackets superseded by § 932. See §§ 3641, 8141, 8223, 8461. § 6725. Same; for Light-House Establish- ment—Hereafter there shall be submitted in the an- nual Book of Estimates, under each item of appro- priation under the head of “Light-House Establish- ment,” notes showing the number of persons employ- ed and the rate of compensation paid to each from each of said appropriations during the fiscal year next preceding the fiscal year for which estimates are submitted. (June 28, 1902, c. 1301, § 1, 32 Stat. 433.) § 6726. Same; for Light-House Establish- ment—Hereafter there shall be submitted, following each estimate for support of the Light-House Estab- lishment, statements showing the amount required for each object of expenditure mentioned in each of said estimates, together with a statement of the expendi- tures under each Of Such objects for the fiscal year terminated next preceding the period of submitting said estimates. (June 25, 1910, c. 384, § 1, 36 Stat. 755.) § 6727. Same; for officers and employés for Fish Commission—The Commissioner of Fish and Fisheries shall embrace in the estimates of appropria- tions for the Fish Commission for the fiscal year eighteen hundred and ninety-four, and each year thereafter estimates for all officers, clerks, and other employees whose services are permanent and continu- OuS in their character and deemed to be necessary for an efficient and economical execution of the ap- propriations for the Fish Commission. (Aug. 5, 1892, c. 380, § 1, 27 Stat. 362.) . § 6728. Same; for Census Office—Estimates in detail for the expenses of the permanent Census Of- fice for the fiscal year nineteen hundred and four and annually thereafter shall be submitted in the Regular Book of Estimates. (June 28, 1902, c. 1301, § 1, 32 Stat. 456.) § 6728a. Same; for Federal Trade Commis- sion-Estimates in detail for all expenditures under the Federal Trade Commission for the fiscal year nineteen hundred and seventeen, and annually there- after, shall be submitted to Congress in the annual º: of Estimates. (March 3, 1915, c. 75, § 1, 38 Stat. 41.) § 6729. Same; for expenses of Department of Labor—The Secretary of Labor shall submit to Con- gress, for the fiscal year nineteen hundred and fifteen, and annually thereafter, estimates in detail for all perSonal Services and for all general and miscella- Ineous expenses for the Department of Labor. (May 1, 1913, c. 1, § 1, 38 Stat. 2.) § 6730. Same; for Bureau of Immigration and Naturalization; Division of Information— For additional assistants, clerical and otherwise, Inecessary to establish and maintain a division of information in the Bureau of Immigration and Natu- ralization, Department of [Commerce and] Labor, until June thirtieth, nineteen hundred and eight, fifty thousand dollars, which shall be paid from the permanent appropriation for expenses of regulating immigration: Provided, That detailed estimates shall be Submitted in the manner required by law for ap- propriations required to meet this object during the fiscal year nineteen hundred and nine and thereafter. (March 4, 1907, c. 2918, § 1, 34 Stat. 1329.) Text in brackets superseded by §§ 932, 934, 940. § 6731. Same; for expenses of regulating im- migration—Hereafter there shall be submitted, fol- lowing the estimates under the foregoing appropria- tion for expenses of regulating immigration, state- ments Showing the amount required for each object of expenditure mentioned in said estimates, together With a statement of the expenditures under each of Such objects for the fiscal year terminated next pre- ceding the period of submitting said estimates. (June 25, 1910, c. 384, § 1, 36 Stat. 764.) § 6731a. , Same; for Panama Canal—For the fiscal year nineteen hundred and sixteen and annually thereafter the estimates of appropriations for the Panama Canal shall be submitted in detail, show- ing the amounts required for personal services and the amounts required for material including all sup- plies, under the heads of construction, maintenance, Operation, Sanitation, and civil government, and fol- lowing each there shall be submitted notes giving in parallel Columns information which will show the number, by grade or classes, of officers, employees, and Skilled and unskilled laborers proposed to be paid under each of said appropriations for the ensu- ing fiscal year and those paid at the close of the fiscal year next preceding the period when said es- timates are prepared and submitted; also, in con- nection with each item for material and miscellaneous purposes other than salaries or pay for personal serv- ices, the amounts actually expended or obligated, quantities purchased, and prices paid for material or Supplies during the entire fiscal year next preced- ing the preparation and submission of said estimates. There shall also be submitted in connection with the foregoing information, statements of actual unit cost of all construction work done, and of estimated unit COSt Of work proposed to be done, for the fiscal years included in the notes so required to be submit- ted with the annual estimates. (Aug. 1, 1914, c. 223, § 6, 38 Stat. 679.) - § 6732. Same; submission to Congress—All an- nual estimates for the public service shall be submit- ted to Congress through the Secretary of the Treas- ury, and Shall be included in the book of estimates prepared under his direction. (R. S. § 3669.) § 6733. Same; appropriations and deficien- cies; transmission through Secretary of Treas- ury; preparation—Hereafter all estimates of appro- 3 6734 (Tit. 41 APPROPRIATIONS [Page 1078] priations and estimates of deficiencies in appropria- tions intended for the consideration and seeking the action of any of the committees of Congress shall be transmitted to Congress through the Secretary Of the Treasury, and in no other manner; and the Said Secretary shall first cause the same to be properly classified, compiled, indexed, and printed, under the supervision of the chief of the division of warrants, estimates, and appropriations of his Department. (July 7, 1884, c. 334, § 1, 23 Stat. 254.) § 6734. Same; time for furnishing to Secre- tary of Treasury—Hereafter it shall be the duty of the heads of the several Executive Departments, and of other officers authorized or required to make estimates, to furnish to the Secretary of the Treas- ury, on or before the fifteenth day of October of each year, their annual estimates for the public Service, to be included in the Book of Estimates prepared by law under his direction, and in case of failure to fur- nish estimates as herein required it shall be the duty of the Secretary of the Treasury to cause to be prepared in the Treasury Department, on or before the first day of November of each year, estimates for such appropriations as in his judgment shall be requisite in every such case, which estimates shall be included in the Book of Estimates prepared by law under his direction for the consideration of COn- gress. (March 3, 1901, c. 830, § 5, 31 Stat. 1009.) § 6735. Same; annual estimates prepared and submitted only as required by law–That un- til otherwise provided by law, the regular annual esti- mates of appropriations for expenses of the Govern- ment of the United States shall be prepared and submitted to Congress, by those charged with the duty of such preparation and submission, Only in the form and at the time now required by law, and in no other form and at no other time. (Aug. 23, 1912, c. 350, § 9, 37 Stat. 415.) - § 6736. Same; official designated to supervise preparation—Hereafter the head of each executive department and other Government establishment shall, On or before July first in every fiscal year, designate from among the officials employed therein one per- son whose duty it shall be to supervise the classifica- tion and compilation of all estimates of appropria- tions, including supplemental and deficiency esti- mates to be submitted by such department Or estab- lishment. In the performance Of their duties perSOns so designated shall have due regard for the require- ments of all laws respecting the preparation of esti- mates, including the manner and time of their sub- mission through the Treasury Department to Con- gress; they shall also, as nearly as imay be practicable, eliminate from all such estimates unnecessary Words and make uniform the language Commonly used in ex- pressing purposes or Conditions of appropriations. (June 23, 1913, c. 3, § 3, 38 Stat. 75.) § 6737. Same; timated revenues, transmitted to President-Im- mediately upon the receipt of the regular annual esti- mates of appropriations needed for the various branch- es Of the Government it shall be the duty Of the Secre- tary of the Treasury to estimate as nearly as may be the revenues of the Government for the ensuing fiscal year, and if the estimates for appropriations, include ing the estimated amount necessary to meet all Con- tinuing and permanent appropriations, shall exceed the estimated revenues the Secretary of the Treasury shall transmit the estimates to Congress as heretofore required by law and at once transmit a detailed state- Iment of all of said estimates to the President, to the end that he may, in giving Congress information of the State of the Union and in recommending to their consideration such measures as he may judge neces- sary, advise the Congress how in his judgment the es- timated appropriations Could with least injury to the public service be reduced so as to bring the appro- priations within the estimated revenues, or, if such and the necessities therefor. statement of, if exceeding es- reduction be not in his judgment practicable without undue injury to the public service, that he may recom- mend to Congress such loans or new taxes as may be necessary to cover the deficiency. (March 4, 1909, c. 299, § 7, 35 Stat. 1027.) . § 6738. Same; statements accompanying— The Secretary of the Treasury shall annex to the annual estimates of the appropriations required for the public service, a statement of the appropriations for the service Of the year, which may have been made by former acts. (R. S. § 3670.) See §§ 88–90. - § 6739. Same; extracts from reports includ- ed in Book of Estimates—The Secretary of the Treasury shall submit, as a part of the appendix to the Book of Estimates, such extracts from the annual reports of the several heads of Departments and Bureaus as relate to estimates for appropriations, (March 3, 1875, c. 129, § 3, 18 Stat. 370.) § 6740. Same; statements required with for lump sum appropriations—There shall be submitted hereafter, in the annual Book of Estimates following every estimate for a general or lump-sum appropria- tion, except public buildings or other public Works constructed under contract, a statement showing in parallel columns: First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures Speci- fied or contemplated in the estimate, including a statement of estimated unit cost of any construction work proposed to be done; and - Second, the number of persons, if any, employed and the rate of compensation paid each, and the amounts expended for each other object or class of expenditure, and the actual unit. COSt Of any Construction WOrk done, out of the appropriation corresponding to the es- timate so submitted, during the completed fiscal year next preceding the period for which the estimate is Submitted. Other notes shall not be submitted following any estimate embraced in the annual Book of Estimates Other than Such as Shall Suggest Changes in form or Or- der of arrangement Of estimates and appropriations and reasons for such changes. (Aug. 24, 1912, c. 355, § 6, 37 Stat. 487, Aug. 1, 1914, c. 223, § 10, 38 Stat. 680.) § 6740a. Same; statements required with for lump-sum appropriations; method of prepara- tion—The information required in connection with es- timates for general or lump-sum appropriations by section ten of the Sundry civil appropriation Act, ap- proved August first, nineteen hundred and fourteen, shall be submitted hereafter according to uniform and concise methods which shall be prescribed by the Secretary Of the Treasury, but with reference to estimates for pay Of mechanics and laborers there shall be submitted in detail only the ratings and trades and the rates per diem paid or to be paid. (July 1, 1916, c. 209, § 4, 39 Stat. 336.) § 6741. Same; expenses of collecting in- ternal revenue—The Commissioner of Internal Reve- nue shall estimate in detail, by collection-districts, the expense of assessing and the expense of the Col- lection Of internal revenue, and submit the same to Congress at the Commencement of each regular ses- Sion. (R. S. § 3671.) See § 6366, § 6742. Same; statement of proceeds of sales of old material—A detailed statement of the pro- ceeds of all sales of old material, condemned stores, supplies, or other public property of any kind except materials, stores, Or Supplies Sold to officers and sol- diers of the Army, or to exploring or surveying ex- peditions authorized by law shall be included in the appendix to the book of estimates. (R. S. § 3672, amended, Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) Tit. 41) 3 6756 APPROPRIATIONS [Page 1079] § 6743. Same; statement of proceeds of sales of old material separate from Book of Estimates —Hereafter the statement of the proceeds of all Sales of old material, Condemned stores, supplies, Or Other public property of any kind shall be submitted to Congress at the beginning of each regular Session thereof as a separate communication and shall not hereafter be included in the annual Book of Esti- mates. (June 25, 1910, c. 384, § 6, 36 Stat. 773.) § 6744. Same; statements of money receiv- ed from proceeds of public property or other sources, and of payments therefrom-Hereafter the Secretary of the Treasury shall require, and it shall be the duty of the head of each Executive De- partment or other Government establishment to fur- nish him, within thirty days after the close of each fiscal year, a statement of all money arising from proceeds of public property of any kind or from any source other than the postal service, received by Said head of Department or other Government establish- ment during the previous fiscal year for Or on account of the public service, or in any other manner in the discharge of his official duties other than as Salary Or compensation, which was not paid into the General Treasury of the United States, together with a de- tailed account of all payments, if any, made from such funds during such year. All such statements, to- gether with a similar statement applying to the Treas- ury Department, shall be transmitted by the Secre- tary of the Treasury to Congress at the beginning of each regular session. (June 30, 1906, c. 3914, § 5, 34 Stat. 763.) § 6745. Same; preceding section not to apply to Subsistence Department of Army—Hereafter the provisions of section five of the Act of June thir- tieth, nineteen hundred and six (Thirty-fourth Stat- utes, page seven hundred and Sixty-three), Shall not be construed to apply to the Subsistence Depart- ment. (Aug. 24, 1912, c. 391, § 1, 37 Stat. 579.) § 6746. Drafts for War and Navy Depart- ments—All moneys appropriated for the use Of the War and Navy Departments shall be drawn from the Treasury, by warrants of the Secretary of the Treas- ury, upon the requisitions of the Secretaries of those Departments, respectively, countersigned by the Sec- ond Comptroller of the Treasury, and registered by the proper Auditor. (R. S. § 3673.) § 6747. Restriction on payments on account of postal service—Payments of money out of the Treasury on account of the postal service shall be in pursuance of appropriations made by law, by war- rants of the Postmaster-General, registered and countersigned by the Auditor for the Post-Office De- partment, and expressing on their face the appro- priation to which they should be charged. (R. S. § 3674.) § 6748. Form of drawing and charging war- rants—All warrants drawn by the Secretary of the Treasury, upon the Treasurer of the United States, shall specify the particular appropriation to which the same should be charged ; and the moneys paid by virtue of such warrants shall, in conformity there- with, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register. (R. S. § 3675.) See § 356. * § 6749. Charge against fund “Pay of the Army” of detained pay—Hereafter Sums known as detained pay, which have already been or may here- after be withheld from the monthly pay of enlisted men of the Army in obedience to Court-martial sen- tences, shall, when repaid, become a charge against the fund “pay of the Army” for the year in which said enlisted men have been or may be discharged. (Aug. 6, 1894, c. 228, 28 Stat. 236.) § 6750. Charge against fund “Transporta- tion, recruiting, and contingent” of transporta- tion of men discharged—The transportation to their flomes, if residents of the United States, of enlisted men and apprentices discharged on medical survey; and the transportation to the place of enlistment, if residents of the United States, of enlisted men and ap- prentices discharged. On account of expiration of en- listment, shall hereafter be chargeable to the appro- priation “Transportation, recruiting, and contingent.” (March 3, 1901, c. 831, § 1, 31 Stat. 1030.) $ 6751. Disbursements; for Signal Service— All appropriations made for the support of the Signal Service Or Corps shall be disbursed under the direc- tion of the Secretary of War, by the regularly bonded Officer who is now and may be hereafter detailed by the Secretary of War for duty as disbursing officer of the Signal Service. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 399.) $ 6752. Same; for Signal Service and mili- tary telegraph lines—For expenses of the Signal Service of the Army, as follows: * * For the maintenance and repair Of military tele- graph lines, * * Provided, That the appropriations made by the two preceding paragraphs shàll be disbursed by a bonded officer, to be designated from time to time by the Secretary of War. (Feb. 24, 1891, c. 284, 26 Stat. 779.) § 6752a. Settlement of transactions be- tween appropriations; for signal corps, bureaus in War Department, and other Executive De- partments—Hereafter in the Settlement of transac- tions between appropriations under the Signal Corps, Or between the Signal Corps and another Office or 'bureau of the War Department, or of any other ex- ecutive department of the Government, payment therefor shall be made by the proper disbursing of- ficer of the Signal Corps, or of the office, bureau, or department concerned. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 622.) § 6752b. Same; for Academy, Bureaus in War IX epartment, and other Executive Depart- ments—Hereafter in settling transactions between appropriations for the Support of the United States Military Academy and Other bureaus Of the War De- partment, or between the United States Military Academy and any other executive department of the Government, payment therefor shall be made by the disbursing Officer of the United States Military Acad- emy or Of the Office, bureau, or department concern- ed. (Aug. 11, 1916, c. 314, 39 Stat. 504.) § 6753. Appropriations for Navy controlled by Secretary; for Bureaus kept separately—All appropriations for specific, general, and contingent expenses of the Navy Department shall be under the control and expended by the direction of the Secre- tary of the Navy, and the appropriation for each Bu- reau shall be kept separate in the Treasury. (R. S. § 3676.) § 6754. Credit to appropriation “Pay miscel- laneous” of premiums from sale of exchange— Hereafter the accounting officers of the Treasury are hereby authorized to credit appropriation “Pay mis- cellaneous,” with all receipts for interest on the ac- Count of the Navy Department with the London fiscal agents, premiums arising from Sales of bills of ex- change, and from any appreciation in the value of foreign coin. (March 3, 1893, c. 212, 27 Stat. 716.) § 6755. Requisitions of Secretary of Navy for advances—The Secretary of the Navy be, and he is hereby, authorized to issue his requisitions for ad- vances to disbursing Officers and agents of the Navy under a “General account of advances”, not to ex- ceed the total appropriation for the Navy, the amount So advanced to be exclusively used to pay current Ob- ligations upon proper vouchers and that “Pay of the Navy” shall hereafter be used only for its legitimate purpose, as provided by law. (June 19, 1878, c. 312, § 1, 20 Stat. 167.) § 6756. Same; how charged—That the amount so advanced be charged to the proper appropriations, and returned to “General account of advances” by 3 6757 (Tit. 41 APPROPRIATIONS [Page 1080] pay and counter warrant; the said charge, however, to particular appropriations, shall be limited to the amount appropriated to each. (June 19, 1878, C. 312, § 2, 20 Stat. 167.) . § 6757. Same; settlement of accounts—The Fourth Auditor shall declare the sums due from the several special appropriations upon complete Vouch- ers, as heretofore, according to law ; and he shall adjust the said liabilities with the “General account of advances.” (June 19, 1878, c. 312, § 3, 20 Stat. 168.) - - § 6758. Creation of “Small-stores fund”- Bureau of Provisions and Clothing. * * From and after the first day of April, eighteen hundred and . seventy-nine, the value of issues of Small-stores shall be credited to a fund to be designated as the “small-stores fund”, in the same manner as the Value of the issues of clothing is now credited to the “cloth- ing fund”; the resources of the fund to be used here- after in the purchase of supplies of small-stores for issue. (Feb. 14, 1879, c. 68, 20 Stat. 288.) § 6759. Consolidation of “Clothing fund” and “Small-stores fund”—The clothing fund and small stores fund shall be hereafter consolidated and administered as a fund to be known as the Clothing and small stores fund. (June 30, 1890, c. 640, 26 Stat. 197.) . . - § 6760. Naval supplies; purchase, and clas- sification and issue, for Navy, and not for bui- reaus—All supplies hereafter purchased With moneyS appropriated for any branch of the naval, establish- ment shall be purchased, classified, and issued for consumption or use subject to the provisions contain- ed in the act making appropriations for the naval service, approved June thirtieth, eighteen hundred and ninety, in reference to supplies therein provided for and on hand. (March 2, 1891, c. 494, 26 Stat. 807.) § 6761. “Naval Supply Account”; stores on hand, and purchases charged to; payments from “General Account of Advances,” returned-Naval supply account for the Naval Establishment: All stores on hand July first, nineteen hundred and ten, shall be charged to a naval supply account on the rec- ords of the Bureau of Supplies and Accounts, and all purchases of stock or expenditures for manufactured or repaired articles for stock at navy-yards or sta- tions, during the fiscal years nineteen hundred and eleven and nineteen hundred and twelve, shall be charged to this account and be paid for from “Gener- al account of advances.” The amount so advanced during the fiscal years nineteen hundred and eleven and nineteen hundred and twelve shall be charged to the proper appropria- tions as these stores are consumed from Stock, and when disbursements made for all Other purposes are accomplished, the amount so charged shall be return- ed to “General account of advances” by pay or Counter warrants: Provided, however, That such material as provisions, clothing and small stores, medical stores, and such other materials as the Secretary of the Navy may designate, may be purchased by Specific appropriations or transferred to specific appropria- tions before Such materials are issued for use Or Con- sumption. The said charge, however, to any particular appropriation shall be limited to the amount appropri- ated therefor. - Credit shall be made to appropriations during said fiscal years nineteen hundred and eleven and nine- teen hundred and twelve for the value of surveyed material taken from repairs made to ships Or plant at navy-yards and stations, or for stores turned in from ships, and this credit shall not be used by the bureaus to increase the amount Of that appropriation, but shall be a deduction from the Operating expenses of the annual appropriation concerned, subject to the same provision as stated in above paragraph. (June 25, 1910, c. 385, 36 Stat. 792.) - See §§ 6762, 6762a. the remainder to be covered into the Treasury; of the Navy may designate: (R. S. § 3677. Superseded.) This section provided that the Commissioner of Agricul- ture should direct and superintend the expenditure of all money appropriated to the Department and render ac- counts thereof. It was superseded by the organization of that department as an executive department, under the su- pervision and control of the Secretary of Agriculture, by Act Feb. 9, 1889, c. 122 (§§ 789-792). § 6762: ‘‘Naval Supply Fund” abolished; “Na- val Supply Account” to govern charging and crediting of stores for Naval Establishment; lim- itation of expenditure under “General Account of Advances”—The permanent Naval Supply Fund created by the Act of March third, eighteen hundred and ninety-three, as modified by the Acts of June tenth, eighteen hundred and ninety-six, and March third, eighteen hundred and ninety-seven, and further increased by the Acts of January fifth, eighteen hun- dred and ninety-nine, and February fourteenth, nine- teen hundred and two, is hereby abolished, and of the sum remaining on the books of the Treasury to the credit of the said fund after the adjustment of all lia- bilities, the Secretary of the Treasury is hereby au- thorized and directed to Cause the Sum Of One million five hundred thousand dollars transferred to the Cred- it Of Said fund from the General ACCOUnt Of Advances to be returned to General Account of Advances, and and hereafter the Naval Supply Account for the Naval Establishment, as Created by the Act of June twenty- fifth, nineteen hundred and ten, under the Bureau of Supplies and Accounts, shall govern the charging, Crediting, receipt, purchase, transfer, manufacture, re- pair, issue, and Consumption of all Stores for the Naval Establishment, excepting the materials named in that Act and such other materials as the Secretary Provided, That ‘ the amount expended under General Account of Advances for the purchase and manufacture of stores and ma- terials for the Naval Establishment shall not exceed the amount available for such purposes. (March 4, 1911, c. 239, 36 Stat. 1279.) § 6762a. Appraised value of stores, equipage, and supplies turned in from ships, and ships’ equipage credited to current appropriations, and available for expenditures for same purposes— Those portions of the Acts of June twenty-fifth, nine- teen hundred and ten, and March fourth, nineteen hundred and eleven, which create the “Naval supply aCCount” under the Bureau Of Supplies and Accounts, are hereby SO modified and amended that hereafter the appraised value of all stores, equipage, and sup- plies turned in from ships, and ships' equipage turned in from yards or stations (except salvage), shall be Credited to the current appropriations concerned, and the amounts so credited shall be available for expendi- tures for the same purposes as the appropriations Credited ; and all Acts or parts of Acts in So far as they conflict with this provision are hereby repealed. (June 30, 1914, c. 130, 38 Stat. 405.) § 6762b. Overhead charges at navy yards and stations charged against appropriations for sup- port of Naval Establishment—Hereafter there shall be charged against the several appropriations for the support of the Naval Establishment the overhead charges incident to upkeep and to industrial work at navy yards and Stations. The total sum so charged shall be distributed in accordance with the work done in the various yards and stations in order that the cost of work may be determined. (June 30, 1914, c. 130, 38 Stat. 413.) - § 6762 c. Equipment outfits charged against appropriation “Increase of the Navy, construc- tion and machinery”—Increase of the Navy, equip- ment: The unexpended balance on June thirtieth, nineteen hundred and fifteen, shall be transferred to appropriation “Increase of the Navy, construction and machinery,” and beginning With July first, nineteen hundred and fifteen, equipment outfits shall be charg- ed to appropriation “Increase of the Navy, construc- Tit. 41) 3 6772a APPROPRIATIONS [Page 1081] - - tion and machinery.” (March 3, 1915, c. 83, 38 Stat. 952.) § 6762d. Expenses of certain naval auxiliaries charged against appropriation “Fuel and trans- portation”—Hereafter, when the lowest obtainable COSt Of transportation of fuel between the Atlantic and Pacific coasts of the United States by merchant Carriers is considered excessive, the appropriation “Fuel and transportation” may be charged with the expense of pay, transportation, shipping, and subsist- ence Of Civilian officers and crews, and such other incidental expenses as can not be paid from other appropriations, of naval auxiliaries engaged in the transportation of fuel: Provided, That the appropria- tion “Maintenance of naval auxiliaries” is insufficient therefor. (March 3, 1915, c. 83, 38 Stat. 944.) § 6762e. Accounting for appropriations for obtaining information from abroad and at home —Hereafter expenditures from the appropriation for Obtaining information from abroad and at home shall be accounted for specifically, if, in the judgment of the Secretary of the Navy, they may be made public, . and he shall make a certificate of the amount of Such expenditures as he may think it advisable not to spec- ify, and every such Certificate shall be deemed a Sufficient Voucher for the sum therein expressed to #. been expended. (Aug. 29, 1916, c. 417, 39 Stat. § 6763. Construction of appropriation acts— No Act Of Congress hereafter passed shall be con- strued to make an appropriation out of the Treasury of the United States, or to authorize the execution of a contract involving the payment of money in excess of appropriations made by law, unless such Act shall in Specific terms declare an appropriation to be made Or that a Contract may be executed. c. 3914, § 9, 34 Stat. 764.) § 6764. Application of moneys appropriated —All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others. (R. S. § 3678.) § 6765. Lump sum appropriations; not avail- able for ign creased salaries—No part of any money Contained herein or hereafter appropriated in lump sum shall be available for the payment of personal services at a rate of compensation in excess of that paid for the same Or Similar services during the pre- ceding fiscal year; nor shall any person employed at a specific salary be hereafter transferred and here- after paid from a lump-sum appropriation a rate Of compensation greater than such specific salary, and the heads of departments shall cause this provision to be enforced: Provided, That this section shall not apply to mechanics, artisans, their helpers and assistants, laborers, Or any other employees whose duties are of similar Character and required in Car- rying on the various manufacturing or constructing Operations of the Government. (Aug. 26, 1912, C. 408, § 7, 37. Stat. 626, amended, March 4, 1913, c. 142, § 4, 37 Stat. 790.) § 6766. Same; salaries of scientific and tech- nical employees of Department of Agriculture— Hereafter section seven of the Act approved August twenty-sixth, nineteen hundred and twelve (Thirty- seventh Statutes, page six hundred and twenty-six), and any amendments thereto, shall not apply to the payment, Out Of moneyS. appropriated or which may be hereafter appropriated in lump sum for the De- partment Of Agriculture, for personal services of em- ployees engaged in strictly scientific or technical work: Provided, That nothing contained herein shall be construed to authorize the transfer of any person employed at a specific salary and the payment of Compensation from lump-sum appropriations at a rate greater than said specific salary. (March 4, 1913, c. 145, 37 Stat. 854.) - See § 6765. (June 30, 1906, § 6767. Appropriations for Quartermaster’s Department; no payment of extra-duty pay for Army service men at West Point from—Hereafter no part of the moneys appropriated for use of the Quartermaster’s Department shall be used in payment Of extra duty pay for the Army service men in the Quartermaster’s Department at West Point. (March 2, 1907, c. 2511, 34 Stat. 1167.) § 6767a. Appropriations for horses; expend- itures from-Horses for cavalry, artillery, engineers, and so forth: * * Hereafter no part of this or any other appropriation shall be expended for de- fraying expenses of officers, enlisted men, or horses in attending or taking part in horse shows or horse races; but nothing in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order Or permission of the Secretary of War, and within the limits of the United States, attend any horse Show or any State, county, or municipal fair, cele- ºn. or exhibition. (April 27, 1914, c. 72, 38 Stat. 51.) - § 6767b. Appropriations for support of Army; use for supplies for subsequent years—Hereafter funds appropriated for support of the Army may be used for the procurement of Supplies to be held in store for issue to the Army during subsequent fiscal years. (March 4, 1915, c. 143, § 1, 38 Stat. 1078.) § 6768. Appropriations for ordnance-stores ammunition, available for two years—Hereafter the appropriations “Ordnance-stores ammunition,” “Small-arms target practice,” and “Ordnance stores and supplies” shall be available for two years to pro- cure the stores authorized by them. (March 2, 1907, c. 25.11, 34 Stat. 1175.) § 6769. Appropriations for Ordnance Depart- ment; no expenditure for freight charges—Here- after no part of the appropriations made for the Ord- nance Department shall be used in payment Of freight Charges On Ordnance Or Ordnance stores issued by said Department. (June 30, 1902, c. 1328, 32 Stat. 520.) § 6770. Expenses of manufacturing opera- tions by Chief of Ordnance charged against ap- propriations therefor—The Chief of Ordnance, in Conducting manufacturing or similar Operations, is authorized to charge any indirect Or general expense for labor or material therefor against any of the appropriations authorizing these Operations in Such manner as is most economical and efficient, provided that the methods adopted shall show that each Of such appropriations bears its ratable share of the total amount of these expenses. (March 2, 1907, c. 2507, 34 Stat. 1062.) § 6771. Use of material procured under ap- propriation in manufacturing operations by Chief of Ordnance—The Chief of Ordnance, in con- ducting manufacturing or similar operations under any particular appropriation heretofore or hereafter made, is authorized to use material procured under any appropriation and to replace the same in kind or otherwise: Provided, That in doing so the meth- ods shall be such that each appropriation will be charged with the full value of the material used in carrying out its object. (March 4, 1911, c. 242, 36 Stat. 1344.) - - § 6772. Expenses of Ordnance Department in procuring stores for other departments or bu- reaus—Whenever the Ordnance Department, under existing regulations, procures stores for other Exec- utive Departments or bureaus, including the Phil- ippine government, its appropriations shall be applic- able to defray the necessary expenses in COnnection with the procurement, Subject to reimbursement from time to time, or on completion of the work, from the department or bureau for which the stores were pro- cured. (June 12, 1906, c. 3078, 34 Stat. 258.) § 6772a. Stores, or services by one bureau of war or Navy Departments for another; requisi- 3 6773 (Tit. 41 APPEOPRIATIONS I.Page 1082] tion; replacement—Hereafter when one bureau of the War or Navy Departments procures by purchase or manufacture stores or material of any kind Or performs any service for another bureau of Such de- partments the funds of the bureau or department for which the stores or material are to be procured or the service performed may be placed subject to the requisition of the bureau or department making the procurement or performing the service for direct expenditure by it: Provided, That when the Stores being procured are for current issue during the year stores of equal value may be issued from Stock On hand in place of any of those aforesaid. (March 4, 1915, c. 143, § 1, 38 Stat. 1084.) § 6773. Direct and indirect charges included in cost of work under naval appropriations— Hereafter, in fixing the cost of work under the Va- rious naval appropriations, the direct and indirect charges incident thereto shall be included in Such cost: And provided further, That the Bureau Of Supplies and Accounts shall keep the money accounts of the Naval Establishment in such manner as to show Such charges, and shall report the Same an- nually for the information of Congress. (March 4, 1911, c. 239, 36 Stat. 1267.) - § 6774. Appropriation for Coast and Geodetic Survey; purchases from-Hereafter the Secretary of the Treasury is authorized to purchase, from the appropriation for the United States Coast and Geo- detic Survey, provisions, clothing, and Small stores for the enlisted men, and food supplies for field par- ties working in remote localities, such provisions, clothing, small stores, and food supplies to be Sold to the employees of said Survey and the appropria- tion reimbursed. (March 3, 1901, c. 853, § 1, 31 Stat. 1144.) - § 6775. Expenditures for supplies for courts and judicial officers—For supplies for the United States courts and judicial officers, to be expended under the direction of the Attorney-General, thirty thousand dollars: Provided, That the money here- tofore, or that shall hereafter be, appropriated for this purpose shall be expended in payment for Such supplies only as have been or shall be purchased, in the discretion of the Attorney-General, for delivery at the Department of Justice and distribution therefrom. (June 28, 1902, c. 1301, § 1, 32 Stat. 476.) See § 71.78. - § 6776. Appropriations for Court of Customs Appeals; detailed statement of expenditure-A detailed statement of the expenditure of the appro- priations for the United States Court of Customs Appeals shall be submitted to Congress at the be- ginning of each regular session thereof. (March 4, 1911, c. 237, § 1, 36 Stat. 1234.) § 6777. Appropriation for furniture, and re- pairs for public buildings; certain expenditures to cease—Expenditures for traveling expenses and Subsistence of persons detailed to assist the inspec- tor and assistant inspector of furniture may Continue to be made, as heretofore, from the appropriation for “Furniture, and repairs of same, for public build- ings” for the remainder of the fiscal year ending June thirtieth, nineteen hundred and ten, and no longer. (June 25, 1910, c. 384, § 1, 36 Stat. TiO.) § 6778. Expenditures in excess of appropria- tions; voluntary service in excess of that all- thorized, forbidden; apportionment of appro- priations for contingent expenses or other gen- eral purposes—No Executive Department or other Government establishment Of the United States shall expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obligation is authorized by law. Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ per- sonal service in excess of that authorized by law, except in cases of Sudden emergency involving the loss of human life or the destruction of property. All appropriations made for Contingent expenses Or Oth- er general purposes, except appropriations made in fulfillment of contract obligations expressly authoriz- ed by law, or for objects required or authorized by law without reference to the amounts annually ap- propriated therefor, shall, on or before the beginning Of each fiscal year, be so apportioned by monthly or Other allotments as to prevent expenditures in One portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made ; and all such apportionments shall be adhered to and shall not be waived or modified except upon the happening of some extraordinary emergency or unusual Circumstance which could not be anticipated at the time Of making such apportionment, but this provision shall not apply to the contingent appropria- tions of the Senate or House of Representatives; and in Case Said apportionments are waived or modified as herein provided, the same shall be waived or modi- fied in writing by the head of such Executive De- partment or other Government establishment having Control Of the expenditure, and the reasons therefor shall be fully set forth in each particular case and Communicated to Congress in Connection with esti- mates for any additional appropriations required on account thereof. Any person violating any provision Of this section shall be summarily removed from of— fice and may also be punished by a fine of not less than one hundred dollars or by imprisonment for not less than one month. (R. S. § 3679, amended, March 3, 1905, c. 1484, § 4, 33 Stat. 1257, and Feb. 27, 1906, c. 510, § 3, 34 Stat. 48.) § 6778a. Gratuitous services of members of Officers’ Reserve Corps—Section three Of the Act approved February twenty-seventh, nineteen hundred and six, entitled, “An Act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hun- dred and six, and for prior years and for other pur- , poses,” shall not be construed to prohibit the Secre- tary of War from accepting the gratuitous services Of members of the Officers’ Reserve Corps Of the Ar- my in the furtherance of the enrollment, organization, and training of the Officers' Reserve Corps, the Re- serve Officers’ Training Corps, or the Enlisted Re- serve Corps of the Army Or in Consultation upon mat- ters relating to the military service. (May 12, 1917, c. 12, 40 Stat. 72.) See § 6778a. - - § 6779. Footing of paragraphs to determin amount appropriated—Hereafter the total amount appropriated in the various paragraphs of an appro- priation Act Shall be determined by the Correct foot- ing up of the Specific sums Or rates appropriated in each paragraph Contained therein unless otherwise expressly provided. (May 28, 1896, c. 252, § 1, 29 Stat. 148.) * (R. S. § 3680. Superseded.) This section prohibited the expenditure of appropriations for contingent expenses of Congress for extra allowance, or Compensation to any clerk, etc., unless he be employed by a resolution of one of the Houses, or for any other than the ordinary expenditures of the Senate or House of Rep- resentatives. It was superseded by somewhat similar pro- visions of Act Feb. 14, 1902, c. 17 (§ 6780). § 6780. Appropriations for contingent ex- penses of Congress; restrictions—Hereafter appro- priations made for Contingent expenses Of the House Of Representatives Or the Senate shall not be used for the payment of personal Services except upon the express and specific authorization of the House or Senate in whose behalf such Services are rendered. Nor shall such appropriations be used for any ex- penses not intimately and directly connected with the routine legislative business Of either House of Con- gress, and the accounting officers of the Treasury Tit. 41) § 6789 APPEROPRIATIONS [Page 1083.I shall apply the provisions of this paragraph in the settlement of the accounts of expenditures from Said appropriations incurred for services or materials sub- sequent to the approval of this Act. (Feb. 14, 1902, c. 17, § 1, 32 Stat. 26.) § 6781. Expenses of commissions and inquiries —No accounting or disbursing officer of the GOVern- ment shall allow or pay any account Or Charge What- ever, growing out of, or in any way connected with, any commission or inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges. This section, however, shall not extend to the contingent fund connected with the foreign in- tercourse of the Government, placed at the disposal of the President. (R. S. § 3681.) § 6782. Use of public moneys or appropria- tions for compensation or expenses of commis- sion; details from executive departments to such commission prohibited—Hereafter no part of the public moneys, or of any appropriation hereto- fore or hereafter made by Congress, shall be used for the payment of compensation or expenses of any commission, council, board, or other similar body, or any members thereof, or for expenses in connection with any work or the results of any work or action of any commission, council, board, or other similar body, unless the creation of the same shall be or shall have been authorized by law; nor shall there be employed by detail, hereafter or heretofore made, or otherwise personal services from any executive department or other government establishment in connection with any such commission, council, board, or other similar body. (March 4, 1909, c. 299, § 9, 35 Stat. 1027.) - § 6783. Restrictions on contingent appropri- ations—No moneys appropriated for contingent, in- cidental, or miscellaneous purposes shall be expended or paid for official or clerical compensation. (R. S. § 3682.) • § 6784. Purchases from contingent funds—No part of the contingent fund appropriated to any De- partment, Bureau, or office, shall be applied to the purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be pro- cured. (R. S. § 3683.) - § 6785. Expenditure of appropriations for contingent expenses of Post-Office Department— Hereafter the expenditure of the contingent expens- es of the Post-Office Department shall be expended as Specially directed in the law, and according to the ap- propriations for the items specifically named, and that no moneys appropriated for the Specific purposes named under the head of “For contingent expenses of the Post-Office Department” shall be diverted from One purpose to another ; and that all moneys unex- pended for One or more specific purposes shall be turned into the Treasury, and not expended, by the Superintendent and disbursing-Officer, for any object or purpose whatsoever Other than the specific Ones named in the appropriation for the “Contingent ex- penses of the Post-Office Department.” (June 19, 1878, c. 329, § 1, 20 Stat. 203.) § 6786. Purchases of books from appropria- tions for contingent expenses—Hereafter law books, books of reference, and periodicals for use of any Executive Department, or other Government establishment not under an Executive Department, at the seat of Government, shall not be purchased or paid for frºm any appropriation made for contingent ex- penses Or for any specific or general purpose unless Such purchase is authorized and payment therefor Specifically provided in the law granting the appro- priation. (March 15, 1898, c. 68, § 3, 30 Stat. 316.) § 6787. Expenditure from appropriations for private telephone service—No money appropriated by this or any other Act shall be expended for tele- phone service installed in any private residence or private apartment or for tolls or other charges for telephone service from private residences or private apartments, except for long-distance telephone tolls required strictly for the public business, and so shown by VOuchers duly sworn to and approved by the head Of the department, division, bureau, or office in which the Official using such telephone or incurring the ex- pense Of Such tolls shall be employed. (Aug. 23, 1912, c. 350, § 7, 37 Stat. 414.) § 6787a. Same; allowance of accounts for— The accounting officers of the United States Treasury. are hereby authorized and directed to allow in the accounts of disbursing officers of the Navy all pay- ments for telephones in Government quarters which have been disallowed under section seven of the Act Of August twenty-third, nineteen hundred and twelve (Thirty-seventh Statutes, pages one and four hundred and fourteen), by decision of the Comptroller. (Aug. 29, 1916, c. 417, 39 Stat. 581.) § 6788. Apportionment of contingent fund of Departments to offices and bureaus–In addi- tion to the apportionment required by the so-called anti-deficiency Act, approved February twenty-seventh, nineteen hundred and six (Statutes at Large, volume thirty-four, page forty-nine), the head of each ex- ecutive department shall, on or before the beginning Of each fiscal year, apportion to each office or bureau Of his department the maximum amount to be expend- ed therefor during the fiscal year out of the con- tingent fund or funds appropriated for the entire year for the department, and the amounts so appor- tioned shall not be increased or diminished during the year for Which made except upon the written direc- tion of the head of the department, in which there shall be fully expressed his reasons therefor; and hereafter there shall not be purchased out of any Other fund any article for use in any office or bu- reau Of any executive department in Washington, Dis- trict of Columbia, which could be purchased out of the appropriations made for the regular contingent funds of Such department or of its offices or bureaus. (Aug. 23, 1912, c. 350, 37 Stat. 414.) - See § 6778. . § 6789. System of bookkeeping in Bureau of Indian Affairs; allotment of appropriations; classified statement to accompany estimates— On Or before the first day of July, nineteen hundred and fourteen, the Secretary of the Interior shall cause a System Of bookkeeping to be installed in the Bu- reau of Indian Affairs, which will afford a ready analysis of expenditures by appropriations and allot- ments and by units of the Service, showing for each Class Of Work or activity Carried On, the expenditures for the operation of the service, for repairs and pres- ervation of property, for new and additional property, Salaries and wages of employees, and for other ex- penditures. Provision shall be made by the Secretary Of the Interior for further analysis of each of the foregoing classes of eXpenditures, if, in his judgment, he shall deem it advisable. - - Annually, after July first, nineteen hundred and fourteen, a detailed Statement of expenditures, as hereinbefore described, shall be incorporated in the annual report of the Commissioner of Indian Af- fairs and transmitted by the Secretary of the Interior to Congress on or before the first Monday in Decem- ber. Before any appropriation for the Indian service is obligated or expended, the Secretary of the Interior shall make allotments thereof in COnformity with the intent and purpose of this Act, and Such allotments shall not be altered or modified except with his approval. º - After July first, nineteen hundred and fourteen, the estimates for appropriations for the Indian Service ź 6789a (Tit. 41 APPROPRIATIONS [Page 10841 submitted by the Secretary of the Interior, shall be accompanied by a detailed' statement, Classified in the manner prescribed in the first paragraph Of this section, showing the purposes for which the appro- priations are required. (June 30, 1913, c. 4, § 26, 38 Stat. 103.) § 6789a. Same—On or before the thirty-first day of December, nineteen hundred and sixteen, the Bu- reau of Efficiency shall prepare and submit to the Sec- retary of the Interior a system of bookkeeping and a C- counting for the Bureau of Indian Affairs that will enable the said Secretary, on or before July first, nine- teen hundred and seventeen, to meet the requirements of section twenty-six of the Indian Appropriation Act approved June thirtieth, nineteen hundred and thirteen (Thirty-eighth Statutes at Large, page One hundred and three). (May 18, 1916, c. 125, § 28, 39 Stat. 159.) º § 6790. Buildings under control of Treasury Department—All appropriations for public buildings under the control of the Treasury Department shall be available immediately upon the approval Of the act containing such appropriations. (R. S. § 3684.) § 6791. Appropriations for public buildings available until completion of work—All moneys heretofore appropriated for the construction of public buildings and now remaining to the credit Of the same on the books of the Treasury Department, or which may hereafter be appropriated for such build- ings, shall remain available until the completion of the Work for which they are, or may be, appropri- ated ; and upon the final completion of each or any Of said buildings, and the payment of all Outstanding liabilities therefor, the balance Or balances remaining shall be immediately rêovered into “the Treasury. (June 23, 1874, c. 476, § 1, 18 Stat. 275.) See § 6900. * * § 6792. Pay of assistant custodians and jani- tors—Pay of Assistant Custodians and Janitors: For pay of assistant custodians and janitors, including all personal services in connection with the care of all public buildings under control of the Treasury De- partment outside of the District of Columbia, * * and the Secretary of the Treasury shall so apportion this sum as to prevent a deficiency therein, and here- after no other fund appropriated shall be used for this service. (March 3, 1901, c. 853, § 1, 31 Stat. 1153.) § 6793. Light-houses—Appropriations for estab- lishing light-houses shall be available for expenditure for two years after acts of State legislatures ceding jurisdiction Over sites take effect. This section shall not, however, apply to general appropriations for light-house purposes. In no case shall any special appropriation be available for more than two years without further provision of law. (R. S. § 3685.) § 6794. Foreign hydrographic surveys—All ap- propriations made for the preparation or publication Of foreign hydrographic Surveys shall Only be ap- plicable to their Object, upon the approval by the Secretary of the Navy, after a report from three Com- petent naval Officers, to the effect that the Original data for proposed Charts are such as to justify their publication ; and it is hereby made the duty of the Secretary Of the Navy to Order a board Of three naval Officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydro- graphic surveys. (R. S. § 3686.) See §§ 656–660. § 6795. Appropriations for public buildings available only for purposes specifically enumerat- ed; separate estimates for appropriations for ad- ministrative work; appointments subjeet to civ- il service laws and rules; statement in estimates as to persons employed–The appropriations made to carry into effect the provisions of legislation author- izing the acquisition of land for sites for public build- ings or the enlargement thereof, or for the construc- tion, enlargement, extension, remodeling, or special re- pairs of public buildings under the control of the Treasury Department, shall be deemed to be available Only for the purposes specifically enumerated in Said legislation, and the Secretary of the Treasury is here- by authorized and directed to submit to Congress an- nually detailed estimates of appropriations necessary for defraying all expenses, both in the Office of the Supervising Architect and in the field, of every kind and character incident to, or requisite for, the admin- istrative work of carrying into effect the provisions of this or subsequent public-building Acts, so far as the same relate to public buildings under the control of the Treasury Department, such estimates to be in addition to and separate and apart from the esti- mates of appropriations providing Specifically for the salaries of certain officers and employees in the Of- fice of the Supervising Architect ; that the appropria- tions for said administrative work, when made, shall be immediately available for such personal Services and all other expenses and supplies, both for office and field work, as the Secretary of the Treasury may deem necessary and Specially Order or approve to Carry into effect the provisions Of this and subsequent Acts relating to the acquisition of land for sites Or the enlargement thereof, or for the construction, en- largement, extension, remodeling, or special repairs of public buildings under the Control of the Treasury Department, including the annual appropriations un- der the control of the Supervising Architect: Provid- ed., That Such persons as may be regularly appointed and paid from such appropriations shall be subject, in all respects, to the laws, rules, and regulations re- specting entrance into or separation from the classified Civil Service of the United States, and shall be em- ployed only in the Office of the Supervising Architect or in fieldwork of Construction and repair under his supervision and control, and the Secretary of the Treasury shall annually submit to Congress in the Book of Estimates a statement, showing the names of all persons whose salaries or compensation are paid from said appropriations, their duties, and the rate of compensation and the amount paid to each of them, respectively: And provided further, That this Act shall not be construed as rendering unavailable for the employment of personal services in the Office of the Supervising Architect, or for any other purpose now authorized by law, any of the appropriations or balances of appropriations made prior to July first, nineteen hundred and Seven, for the acquisition Of land for sites, or the enlargement thereof, or for the erection, enlargement, extension, remodeling, or spe- Cial repairs of public buildings under the control Of the Treasury Department, or any of the annual appro- priations under the control of the Supervising Archi- tect. And all appropriations made in full Or in part Subsequent to July first, nineteen hundred and Seven, for extension of the limits of Cost Of public buildings or sites, or for the acquisition of land for sites, or the enlargement thereof, or for the erection, enlarge- ment, extension, remodeling, or Special repairs of public buildings under the control of the Treasury Department, or for any annual appropriation under the Control of the Supervising Architect, shall be sub- ject to the provisions hereof. (May 30, 1908, c. 228, § 6, 35 Stat. 537.) - § 67958. Advances from a p p r o p r i at i on “Boundary Line, Alaska and Canada, and the TJnited States and Canada.”—Eſereafter advances Of money under the appropriation “Boundary line, Alas- ka and Canada, and the United States and Canada,” may be made to the commissioner On the part of the United States and by his authority to chiefs of par- ties, who shall give bond under such rules and regu- lations and in Such sum as the Secretary of State may direct, and accounts arising under advances shall be rendered through and by the commissioner on the part of the United States to the Treasury Department as under advances heretofore made to chiefs of parties: Provided, That when the commissioner is absent from Tit. 41) 3 6799 (15) APPROPRIATIONS [Page 1085] Washington on official business he shall be allowed actual and necessary expenses of subsistence, not in excess of $8 per day. (April 15, 1918, c. 52, 40 Stat.) PERMANENT ANNUAL APPROPRIA- TIONS - (R. S. § 3687. Repealed.) This section appropriated $2,750,000 for the expenses of collecting the revenue from customs for each half year in addition to the sums received from fines, penalties, and forfeitures, and from fees paid into the Treasury by cus- toms officers, and from storage, etc. It was amended by Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 391, by providing that the appropriation was also to pay the salaries of Watchmen who might be designated by the Secretary of the Treasury to act as inspectors of customs. This Sec- tion was repealed, to take effect from and after June 30, 1913, by a provision of the sundry civil appropriation act for the fiscal year 1914, Act Aug. 24, 1912, c. 355, 37 Stat. 434, in connection with the provision of that act for reor- ganization of the Customs Service (§ 5327), and an appro- priation of $10,150,000 to defray the expenses of collecting the revenue from customs during the fiscal year 1914, Was made by the Sundry civil appropriation act for that year, Act June 23, 1913, c. 3, § 1, 38 Stat. 23. § 6796. Detection and prevention of frauds on customs revenue—That the Secretary of the Treasury be, and he is hereby, authorized to expend, Out of the appropriation for defraying the expenses Of collecting the revenue from customs, such amount as he may deem necessary, not exceeding One hun- dred thousand dollars per annum, for the detection and prevention of frauds upon the customs revenue. (March 3, 1879, c. 182, § 1, 20 Stat. 386.) § 6797. Same; increase of amount to be ex- pended—The provisions of the Act of March third, eighteen hundred and seventy-nine (Twentieth Stat- utes, page three hundred and eighty-six), authorizing the Secretary of the Treasury to expend out of the appropriation for defraying the expenses of collecting the revenues from Customs such amount as he may deem necessary, not exceeding one hundred thousand dollars per annum, for the detection and prevention of frauds upon the customs revenue, are hereby amend- ed so as to increase the amount to be so expended for the year nineteen hundred and four, and yearly there- after, to One hundred and , fifty thousand dollars. (April 27, 1904, c. 1630, § 1, 33 Stat. 396.) § 67.97a. Same; increase of amount to be ex- pended—For collecting the revenue from customs, $10,150,000. The provisions of the Act of March third, eighteen hundred and seventy-nine (Twentieth Statutes, page three hundred and eighty-six), as amended by the Act of April twenty-seventh, nineteen hundred and four (Thirty-third Statutes, page three hundred and ninety-six), authorizing the Secretary of the Treasury to expend out of the appropriation for defraying the expenses of collecting the revenue from customs such amount as he may deem necessary, not exceeding $150,000 per annum, for the detection and prevention of frauds upon the Customs revenue, are further amended so as to increase the amount to $200,000 to be so expended for the fiscal year nineteen hundred and sixteen. (March 3, 1915, c. 75, § 1, 38 Stat. 836.) - § 6798. Public debt—There is appropriated an- nually, out of the receipts for duties on imported mer- Chandise, a sum, for the payment Of the public debt, equal to the interest on all bonds belonging to the sinking fund. (R. S. § 3688.) § 6799. Permanent indefinite appropriations —There are appropriated, out of any moneys in the Treasury not otherwise appropriated, for the purposes hereinafter specified, such sums as may be necessary for the same respectively; and such appropriations shall be deemed permanent annual appropriations. MISCELLANEOUS (1) [Repealed.] The portion of this section omitted here made a perma- ment appropriation for salaries and expenses of the South- ern Claims Commission. It was expressly repealed by Act June 19, 1878, c. 329, § 1, 20 Stat. 205. The Commis- Sion expired by limitation on March 10, 1880. “ EXECUTIVE UNDER THE TREASURY DEPARTMENT (2) [Obsolete.] The portion of this section omitted here made a perma- nent indefinite appropriation for the return of proceeds from the sale of captured and abandoned property in in- Surrectionary districts to the owners thereof. It has be- come obsolete. (3) Consular receipts—Consular receipts: For the proceeds of the personal estates of Ameri- can citizens who die abroad, to be paid to the legal representatives of the said deceased party upon proper demand and proof. - See §§ 3162-3164. (4) [Obsolete.] The portion of this section omitted here made a perma- nent indefinite appropriation to repay to purchasers evict- ed through failure of title from lands ‘sold to them in in- Surrectionary districts for direct taxes. It has become Obsolete. - (5) [Obsolete.] The portion of this section omitted here made a perma- nent appropriation for the adjustment of accounts of the collector of customs and ex-officio depositary at Chicago to allow him a proper credit for moneys held by him and destroyed by the fire in that city on October 9 and 10, 1871. It has become obsolete. - (6) [Obsolete.] - The portion of this section omitted here made a perma- nent indefinite appropriation for refunding the principal and interest of the purchase-money of lands redeemed aft- er the sale, thereof for direct taxes in the insurrectionary districts within the United States. It has become obso- lete. (7) [Obsolete.] The portion of this section omitted here made a per- manent indefinite appropriation to refund taxes illegally fºoted under the direct-tax laws. It has become obso- €te. - (8) [Repealed.] * The portion of this section omitted here made a perma- nent indefinite appropriation for the payment of the sal- aries of steamboat inspectors, together with their travel- ing and other expenses , when on official duty and instru- ments, books, etc., necessary to carry into effect the pro- visions of Title LII, ‘‘Pegulation of Steam-Vessels.” It was included in the repeal of all laws and parts of laws making such an appropriation, by Act June 25, 1910, c. 384, § 8 (§ 8223). (9) Interest on public debt—Interest on the pub- lic debt: - - For payment of interest on the public debt, under the several acts authorizing the Same. See § 6813. º tº (10) Bonds issued to Pacific Railway—Bonds is- Sued to Pacific Railway: - For payment of interest on bonds issued by au- thority of law to Pacific Railway. (11) [Repealed.] - The portion of this section omitted here made a perma- nent appropriation to pay the expenses of the issue, re- issue, transfer, delivery, redemption, and destruction of securities, legal tender notes, etc. It was expressly re- pealed by Act June 20, 1874, c. 328, § 4 (§ 6687). (12) Refunding national debt—Refunding the national debt: - Of one-half of one per centum of the amount of bonds authorized under the act of July fourteen, eighteen hundred and seventy, to pay the expenses of preparing, issuing, and disposing of the Same. (13) Sinking fund—Sinking fund: - Of one per centum of the entire debt of the United States, to be set apart as a sinking fund for the pur- chase or payment of the public debt, in such man- ner as the Secretary of the Treasury shall from time to time direct. (14) Refunding moneys erroneously received and covered—Refunding moneys erroneously receiv- ed and COVered: - - To refund moneys received and COvered into the Treasury before the payment of legal and just Charges against the Same. (15) [Obsolete.] - The portion of this section omitted here made a perma- ment indefinite appropriation to pay persons employed in the insurrectionary States as officers connected with the Treasury Department during the years 1865 and 1866. It has become obsolete. a 6799(16) (Tit. 41 APPEOPRIATIONS (16) [Superseded.] - The portion of this section omitted here made a perma- nent indefinite appropriation for the payment of drawback on articles exported under Act July 1, 1862, c. 119. It was amended by Act Feb. 27, 1877, c. 69, 19 Stat. 249, by mak- ing the appropriation applicable for the payment of draw- back on articles exported under R. S. § 3441. Said section 3441, authorized a drawback on fermented liquors, and O]]. medicinal preparations, perfumery, cosmetics, etc. (articles designated in Schedule A, following R. S. § 3437), when exported. So much of the section as authorized a draw- back on fermented liquors was repealed by Act June 18, 1890, c. 432 (§ 6152), and so much of the section as au- thorized a drawback on the articles in Schedule A was su- perseded by Act March 3, 1883, c. 121, § 1, 22 Stat. 488. (17) Refunding taxes illegally collected (in- termal revenue)—Refunding taxes illegally Collected, (internal revenue:) e To refund and pay back duties erroneously or il- legally assessed Of collected under the internal-revenue laws. - (18) Redemption of stamps (internal reve- nue)—Redemption of Stamps, (internal revenue:) Of Such sum Of money as may be necessary to repay the amount or value paid for internal-revenue Stamps which may have been spoiled, destroyed, or rendered useless or unfit for the purpose intended, or which through mistake may have been improperly or un- necessarily used. - (19) Debentures and other charges (customs) —Debentures and other charges, (customs:) To pay debentures and other charges arising from duties, the revenue remaining in the hands of the collecting Officers not being Sufficient to pay Said de- bentures. - + (20) Debentures and drawbacks (customs)— Debentures and drawbacks, (customs:) For the payment of debentures or drawbacks, boun- ties, and allowances, which are Or may be authorized and payable according to laws authorizing them: Pro- vided, The collectors of customs shall be the disburs- ing agents to pay the same. . . (21) [Superseded.] The portion of this section omitted here made a perma- Inent appropriation for the distributive shares of fines, penalties, and forfeitures under the customs laws. . This provision was Superseded by the repeal of the laws un- der which shares of fines, etc., were paid to informers or officers, by the Anti-Moiety Act of June 22, 1874, c. 391, § 2, (§ 5796). Section 3 of said act (§ 5797), appropriated for the fiscal year following $100,000 as compensation in lieu of moieties. Such appropriation has been continued year by year, the one for the fiscal year 1918 being by Act June 12, 1917, c. 27, § 1, 40 Stat. 120, 39 Stat. 278. (22) Repayment of excess of deposits for un- ascertained duties (customs)—Repayment of excess of deposits for unascertained duties, (customs:) To repay to importers the excess of deposits for un- ascertained duties, or duties or other moneys paid under protest. See § 5718. - (23) Refunding duties on goods destroyed (cus- torms)—Refunding duties on goods destroyed, (cus- toms:) - For refunding duties paid or accruing on goods, Wares, or merchandise injured or destroyed by ac- cidental fire or other casualty, while in the custody Of the Officers of customs, in any public or private Warehouse, Or in the appraisers’ stores undergoing ap- praisal, in pursuance of law or regulations of the Treasury Department, or after their arrival within the limits of any port of entry of the United States, and before the same have been landed under the supervision of the officers of the customs, or while in transportation under bond from the port of entry to any Other port of the United States. See § 5677. (24) Marine-hospital establishment—Marine hospital establishment (customs). :: s: # x: 2}: 2}: :: :: 3%: Of the proceeds of leases and sales of marine-hospi- tal buildings, and lands appertaining thereto, for the marine-hospital establishment. - [Page 1086] (25) [Obsolete.] - The portion of this section omitted here made a perma- ment indefinite appropriation to refund to parties entitled to refund of duties under Act July 14, 1870, c. 255, § 26, 16 Stat. 269, and Res. Jan. 30, 1871, No. 18, 16 Stat. 592. It has become obsolete. (26) Refunding proceeds of goods seized and sold (customs)—Refunding proceeds of goods seized and Sold, (customs:) To refund the proceeds of goods, wares, and mer- chandise seized and sold for having been illegally im- ported into the United States. (27) Refunding proceeds of unclaimed mer- chandise (customs)—Refunding proceeds of unclaim- ed Imerchandise, (customs:) - To repay to claimants the overplus received from the Sale of unclaimed merchandise, on due proof of their property and entitlement. (28) [Obsolete.] The portion of this section omitted here made a perma- ment indefinite appropriation to refund duties which had been paid on tea and coffee in bonded warehouses on July 1, 1872. It has become obsolete. (29) [Obsolete.] The portion of the section omitted here made a perma- Inent indefinite appropriation for the payment of a draw- back of the import duties paid on all materials, except lumber, used on buildings erected on the site of buildings burned by the fire in Chicago. It has become obsolete. (30) [Obsolete.] The portion of this section omitted here made a perma- ment indefinite appropriation to refund duties which had been paid on merchandise imported in French vessels from countries other than France, and which was on shipboard bound for the United States on November 5, 1872. It has become obsolete. UNDER THE WAR DEPARTMEN (31) [Obsolete.] e The portion of this section omitted here made a perma- nent indefinite appropriation for the payment of bounties to Soldiers, or their widows or legal heirs, under sections 12-16 of the Sundry civil appropriation act for the fiscal year 1867. It has become obsolete. (32) [Repealed.] The portion of this section omitted here made a per- manent appropriation of stoppages and fines adjudged against Volunteer officers and soldiers forfeitures on ac- count of desertion, etc., for the National Home for Dis- abled . Volunteer Soldiers. It was repealed by a provision of Act March 3, 1875, c. 129, § 1 (§ 9257). (33) Soldiers’ Home—Soldiers' Home: Of all stoppages or fines adjudged against soldiers by Sentence of court-martials, over and above any amount that may be due for the reimbursement of GOVernment or of individuals; all forfeitures on ac- Count of desertion; and all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the commissioners of the institution, up- on the demand of the heirs or legal representatives of the deceased. - - (34) Horses and other property lost in military service–Horses and other property lost in military Service: . To pay for horses, mules, oxen, wagons, carts, Sleighs, harness, steamboats, and other vessels, rail- road-engines and railroad-cars, killed, lost, captured, destroyed, or abandoned while in the military serv. ice under the provisions of Title “Debts due by or to the United States.” See §§ 6390-6400. (35) [Obsolete.] The portion of this section omitted here made a per- manent appropriation to pay the members of certain mil- itary organizations in Kansas. It has become obsolete. (36) [Obsolete.] - The portion of, this section omitted here made a per- manent appropriation for the payment of the tax on sal- aries and comperisation under the income tax law of 1867. It has become obsolete. (37) [Obsolete.] - - The part of this section omitted here made a permanent appropriation to pay the traveling expenses of such Cali- fornia and Nevada volunteers as were discharged at points distant from the place of enlistment. It has be- come obsolete. - - - Tit. 41) # 6802 APPEOPRIATIONS [Page 1087. I (38) [Obsolete.] The portion of this section omitted here made a per- manent appropriation of such sum as might be required in the settlement of accounts with laborers, workmen, and mechanics employed by the Government between June 25, 1868, the date of the eight-hour law, and May 19, 1869, the date of the President’s proclamation to pay without re- ; on account of reduction of hours. It has become Obsolete. |UNDER THE NAVY DEPARTMENT (39) Indemnity for lost clothing—Indemnity to Seamen and marines for lost clothing: To allow and pay to each person, not an officer, em- ployed on a vessel of the United States, sunk or oth- erwise destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars. In the event of the death of the person, this sum is to be paid to his proper legal representatives. See § 2867. (40) Prize-money—Prize-money to captors: For one moiety of the proceeds of prizes captured by vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title “Prize;” also, the proceeds of derelict and salvage cases adjudged by the Courts of the United States to SalvOrS. See § 8396. TJNDER THE INTERIOR DEPARTMENT (41) Deposits for surveying public lands—De- posits by individuals for Surveying public lands: Of the amount deposited by individuals under the provisions of Title “The Public Lands,” to pay the cost and expenses incident to the survey of lands, not mineral or reserved, upon which they have settled, any excess of the Sums so deposited, over and above the actual cost of Surveys, comprising all expenses in- cident thereto, for which they were severally deposit- ed, to be repaid to the depositors, respectively. See §§ 4812, 4813, 4887. - (42) Five, three, and two per centurm' fund to States (lands)—Five, three, and two per centum fund to States, (lands:) To pay to the States of Missouri, Michigan, Florida, Iowa, Wisconsin, Minnesota, Oregon, and Nevada, five per Centum of the net proceeds of Sales of all public lands lying within their limits, for the purpose of edu- cation or of making public roads and improvements, in pursuance of the acts of March sixth, eighteen hundred and twenty, chapter twenty-two ; of June twenty-third, eighteen hundred and thirty-six, chap- ter One hundred and twenty-One; of March third, eighteen hundred and forty-five, chapter seventy-five; of March third, eighteen hundred and forty-five, chap- ter seventy-six; of August sixth, eighteen hundred and forty-six, chapter fifty-three ; of February twen- ty-sixth, eighteen hundred and fifty-seven, chapter sixty; of February fourteenth, eighteen hundred and fifty-nine, chapter thirty-three; of February twenty- eighth, eighteen hundred and fifty-nine, chapter sixty- five ; and sixty-four, chapter thirty-six. (43) Indemnity for swamp-lands for States—In- demnity for Swamp-lands for States: To pay to the States the proceeds of Swamp-lands within their limits which may have been erroneously sold by the United States. See § 4961. (44) Refunding money for lands erroneously sold—Refunding money for lands erroneously sold: To pay to the purchaser or purchasers the sum or Sums of money received for lands erroneously sold by the United States. (45) [Obsolete.] The portion of this section omitted here made a perma- nent appropriation to pay the expenses for the survey of the Vigil and Saint Vrain land-claims. It has become obsolete. (46) [Repealed.] The portion of this section omitted here made a perma- nent indefinite appropriation to pay for the instruction of the indigent blind children formerly instructed in the and of March twenty-first, eighteen hundred | “Columbia Institution for the Instruction of the Deaf, Dumb, and Blind,” in Maryland, or some other State. It Was repealed, to take effect on and after July 1, 1908, and an appropriation for that purpose for the next fiscal year *ś by a provision of Act May 26, 1908, c. 198, § 1, all. º (47) Payment of interest to North Carolina Cherokees—Payment of interest to North Carolin Cherokees: s To pay each member of every family of the Chero- kee Nation of Indians that remained in the State of North Carolina at the time of the treaty of New Echota, May twenty-third, eighteen hundred and thir- ty-Six, interest at the rate of six per centum per an- num on a sum equal to fifty-three dollars and thirty- three cents for each individual member, as aforesaid. (48) [Obsolete.] The portion of this section omitted here made a per- Imanent appropriation to pay the expenses of the survey º: Nolan land-claim in Colorado. It has become ob- SO16te. (49) Smithsonian Stitution: To pay for the erection of buildings and expenses of the Smithsonian Institution, being six per centum on the fund derived from the bequest of James Smith- SOIl. See § 10582. Institution—Smithsonian In- JUDICIAL SUPREME COURT OF THE UNITED STATES (50) Salaries; Supreme Court reporter—Sala- ries justices, &c., Supreme Court: To pay the reporter of the Supreme Court for three hundred copies of the Second volume of the decisions of the court. (R. S. § 3689, amended, June 20, 1874, c. 328, § 4, 18 Stat. 109, March 3, 1875, c. 129, § 1, 18 Stat. 343; June 19, 1878, c. 329, § 1, 20 Stat. 178, May 26, 1908, c. 198, § 1, 35 Stat. 274, and June 25, 1910, c. 384, § 8, 36 Stat. 773.) See § 1202. MISCELLANEOUS (51) [Superseded.] The portion of this section omitted here made an ap- propriation for Compensation Of Supervisors of election. It was superseded by the repeal of all provisions relating to supervisors of election, by Act Feb. 8, 1894, c. 25, 28 Stat. 36. - § 6800. Balances of appropriations; expendi- ture—All balances of appropriations Contained in the annual appropriation bills and made specifically for the Service of any fiscal year, and remaining unex- pended at the expiration of such fiscal year, shall Only be applied to the payment of expenses properly in- Curred during that year, or to the fulfillment of Con- tracts properly made within that year; and balances not needed for such purposes shall be carried to the Surplus fund. This section, however, shall not apply to appropriations known as permanent Or indefinite appropriations. (R. S. § 3690.) § 6801. Same; disposal after two years—All . balances of appropriations which shall have remained On the books of the Treasury, Without being drawn against in the settlement of accounts, for two years ... from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to set- tle accounts thereunder, and the Auditor shall exam- ine the books of his Office, and certify to the Secretary whether such balances Will be required in the settle- ment of any accounts pending in his office ; and if it appears that such balances will not be required for this purpose, then the Secretary may include such bal- ances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. (R. S. § 3691.) § 6802. Same; carried to surplus fund—From and after the first day of July, eighteen hundred and ź 6803 APPROPRIATIONS (Tit. 41 IPage 1088.I - Seventy-four, and of each year thereafter, the Secre- tary of the Treasury shall cause all unexpended bal- ances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury: Provided, That this provision shall not apply to permanent Specific appropriations, appropria- tions for rivers and harbors, light-houses, fortifica- tions, public buildings, or the pay of the navy and ma- rine Corps; but the appropriations named in this pro- Viso shall continue available until otherwise ordered by Congress. (June 20, 1874, c. 328, § 5, 18 Stat. 110.) § 6803. Same; reports of balances needing to be reappropriated—That so much of section five of the act approved June twentieth, eighteen hundred and seventy-four, as directs the Secretary of the Treasury at the beginning. Of each session to report to Congress with his annual estimates any balances of appropriations for specific objects affected by said Section that may need to be reappropriated, be, and hereby is, repealed. And it shall be the duty of the several accounting-Officers of the Treasury to continue to receive, examine, and consider the justice and va- lidity of all claims under appropriations the balances of which have been exhausted Or Carried to the Sur- plus fund under the provisions of said section that may be brought before them within a period of five years. And the Secretary of the Treasury shall report the amount due each claimant, at the COmmencement of each session, to the Speaker of the Eſouse of Rep- resentatives, who shall lay the same before Congress for consideration: Provided, That nothing in this act Shall be construed to authorize the re-examination and payment of any claim or account which has been Once examined and rejected, unless reopened in accordance with existing law. (June 14, 1878, c. 191, § 4, 20 Stat. 115.) § 6803a. Same; reappropriation to other pur- pose construed as new appropriation—The reappro- priation and diversion of the unexpended balance of any appropriation to a purpose other than that for which it was originally made shall be construed and accounted hereafter as a new appropriation and the unexpended balance shall be reduced by the sum pro- posed to be so diverted. (March 4, 1915, C. 147, § 4, 38 Stat. 1161.) - § 6804. Appropriations in annual appropria- tion acts not permanent–No Specific or indefinite ap- propriation made hereafter in any regular annual ap- propriation Act shall be construed to be permanent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes: “Rivers and harbors,” “lighthouses,” “for- tifications,” “public buildings,” and “pay of the Navy and Marine Corps,” last specifically named in and ex- cepted from the operation of the provisions of the so- called “covering-in Act” approved June twentieth, eighteen hundred and seventy-four, or unless it is made in terms expressly providing that it shall con- tinue available beyond the fiscal year for which the appropriation Act in which it is contained makes pro- Vision. (Aug. 24, 1912, c. 355, § 7, 37 Stat. 487.) See § 6802. § 6805. Unexpended balances; permanent ap- propriations for collecting customs revenue car- ried to surplus fund—From and after the first day of July, eighteen hundred and eighty-two, and of each year thereafter, the Secretary of the Treasury shall CauSe all unexpended balances of the permanent and indefinite appropriations for collecting the revenue from customs which shall have remained upon the books of the Treasury for two fiscal years to be car- ried to the surplus fund and covered into the Treas- ury. (Aug. 5, 1882, c. 389, § 5, 22 Stat. 256.) § 6806. Same; for pay of Navy or Marine Corps; disposal of—All balances of moneys appro- priated for the pay of the Navy or pay of the Marine Corps, for any year existing after the accounts for. Said year shall have been settled shall be covered in- #. the Treasury. (July 26, 1886, c. 781, § 2, 24 Stat. 57.) § 6807. Same; for National Home for Disa- bled Volunteer Soldiers—EIereafter the provisions Of Section thirty-six hundred and ninety and thirty- Six hundred and ninety-One of the Revised Statutes Of the United States shall apply to all appropriations made for the maintenance of the National Eſome for Disabled Volunteer Soldiers: Provided further, That it shall be the duty of the managers of said Home, on Or before the first day of October in each year, to fur- nish to the Secretary of War estimates, in detail, for the Support of said Home for the fiscal year com- mencing on the first day of July thereafter, and the Secretary of War shall annually include such esti- mates in his estimates for his Department. (Oct. 2, 1888, c. 1069, 25 Stat. 543.) See §§ 6800, 6801, 9253, 9257. § 6808. Proceeds of sales of material—All mon- eys received from the leasing Or sale of marine hos- pitals, or the sale of revenue-cutters, or from the sale of commissary stores to the officers and enlisted men of the Army, or from the sale of materials, stores, or Supplies sold to Officers and soldiers Of the Army, or from sales of condemned clothing of the Navy, or from sales of materials, stores, or supplies to any exploring or Surveying expedition authorized by law, shall respectively revert to that appropriation out of which they were originally expended, and shall be ap- plied to the purposes for which they are appropriated by law. (R. S. § 3692, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) & See §§ 1954, 1955, 1957–1960. TITLE XLII—THE PUBLIC DEBT Sec. 6809. Payment in coin. 6810. Application of coin paid for duties. (1) Payment of interest on public debt. (2) Sinking-fund. (3) Residue into Treasury. 6811, Cancellation of bonds redeemed or paid. 6812. Addition to sinking-fund. 6813. Interest; payment. 6814. Same; anticipation. 6815. Purchase of coin. 6816. Exemption from taxation. 6817. Destroyed bonds; duplicates. 6818. Same; indemnity for. 6819, Lost registered bond; duplicate for. 6820. Same; indemnity for. 6821. Exchange of registered for coupon bonds. 6822. Credit to officers for Stolen notes. 6823. Purchase or redemption of bonds. 4 - 6824. Loans to meet public expenditures; certificates of in-- debtedness: limitation; counterfeiting. 6825. Exchange of outstanding five, four, or three per cent. bonds. - - 6826. Loans to defray expenditures for Panama Canal; bonds. 6827. Same; bonds to have all rights and privileges of other two per cent. bonds. 6828. Same; additional bonds. 6829. Same; bonds; provision that they shall not be receiv- able as security for national bank circulating notes. 6829a. Same; bonds; disposition of proceeds. 6829b. Bonds for nitrate plants; acts applicable. 6829c. Bonds for construction of vessels by Shipping Board; acts applicable. 6829d. Loans to defray expenditures due to Mexican situa- tion; bonds; additional Panama Canal bonds. - 6829e. Loans to defray emergency expenditures; bonds. 6829ee. First Liberty Loan; amount; bonds. 6829f. Purchase of obligations of allied foreign governments; credits; appropriation. 6829ff. Same; receiving payment or sale of. - 6829g. Bonds under §§ 6828–6829e and Res. March 4, 1917, c. 191; loans to redeem 3% loan of 1908 to 1918, and bonds therefor. - 6829gg. Conversion of bonds authorized into bonds bearing - higher interest rate. 6829h. First Liberty Loan; certificates of indebtedness. 6829hh.. Same; deposit of proceeds of sale of bonds and cer- tificates of indebtedness. - 6829i. Same; appropriation to pay expenses of issue of bonds. 6829i!/2. Same; short title of act. - 6829.ii. Second and Third Liberty Loans; amount; bonds. 6829.j. Establishment of credits for allied foreign governments engaged in War; purchase of obligations of such gov- ernments; appropriation. Same; conversion of obligations into obligations bear- ing higher interest rate; sale of obligations; re- demption of United States bonds. 6829k. Second and Third Liberty Loans; bonds; into bonds bearing higher interest rate. 6829kk. Same; additional loans; certificates of indebtedness. 68291. Same; additional loans; war-savings certificates. 6829ll. Same; bonds; circulation privilege; taxation. 6829m. Same; deposit of proceeds of sales of bonds, certifi- cates of indebtedness, and war-savings certificates. 6829mm. Same; performance of services by postal employés. 6829n. Same; appropriation to pay expenses of issue of 6829.jj. conversion bonds; report of expenditures. 6829nn. Issue of bonds under former Acts restricted. 68290. Bonds receivable in payment of estate or inheritance - taxes. 682900. Purchase of bonds by Secretary of Treasury. 6829p. Issue of bonds payable in foreign money. 6829pp. Short title of act. © 6829q. Same. 6830. Bonds and certificates of indebtedness payable in gold COIIl. 6831. Certificates of indebtedness; taxation; expenses of is- SU16, - § 6809. Payment in coin–The faith of the Unit- ed States is solemnly pledged to the payment in coin Or its equivalent of all the obligations of the United States not bearing interest, known as United States notes, and Of all the interest-bearing obligations of the United States, except in cases where the law au- thorizing the issue of any such obligations has ex- pressly provided that the same may be paid in lawful money or other currency than gold and silver. But none of the interest-bearing obligations not already due Shall be redeemed or paid before maturity, unless at Such time United States notes are convertible into Coin at the option of the holder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can COMP. S.T.’18–69 be paid into the Treasury. seem expedient; be sold at par in coin. The faith of the United States is also solemnly pledged to make provisions at the earliest practicable period for the redemption of the United States notes in coin. (R. S. § 3693.) See Titles 37 and 38. § 6810. Application of coin paid for duties— The coin paid for duties on imported goods shall be set apart as a special fund, and shall be applied as follows: - - (1) Payment of interest on public debt–First. To the payment in coin of the interest on the bonds and notes of the United States. (2) Sinking-fund—Second. To the purchase Or payment of one per centum of the entire debt of the United States, to be made within each fiscal year, which is to be set apart as a sinking-fund, and the interest of which shall in like manner be applied to the purchase or payment of the public debt, as the Secretary of the Treasury shall from time to time direct. - (3) Residue into Treasury–Third. The residue to (R. S. § 3694.) See § 6799(9). - - § 681 1. Cancellation of bonds redeemed or paid–All bonds applied to the sinking-fund, and all Other United States bonds redeemed or paid by the United States, shall be canceled and destroyed. A detailed record of the bonds so canceled and de- stroyed shall be first made in the books of the Treas- ury Department. The amount of the bonds of each class that have been canceled and destroyed shall be deducted respectively from the amount of each class of the Outstanding debt of the United States. (R. S. § 3695.) - § 6812. Addition to sinking-fund—In addition to other amounts that may be applied to the re- demption or payment of the public debt, an amount equal to the interest on all bonds belonging to the sinking-fund shall be applied, as the Secretary of the Treasury shall from time to time direct, to the payment of the public debt. (R. S. § 3696.) See § 6798. (R. S. § 3697. Temporary.) This section authorized the Secretary of the Treasury to redeem the 6 per cent. bonds, known as the five-twenty bonds, which had become or should thereafter become redeemable by the terms of their issue. It has become obsolete. § 6813. Interest: payment—The Secretary of the Treasury shall cause to be paid, Out of any mon- ey in the Treasury not otherwise appropriated, any interest falling due, or accruing, on any portion of the public debt authorized by law. (R. S. § 3698.) See § 6799(9). % $ 6814. Same; anticipation—The Secretary of the Treasury may anticipate the payment of inter- est on the public debt, by a period not exceeding One year, from time to time, either with or without a re- bate of interest upon the coupons, as to him may and he is authorized to dispose of any gold in the Treasury of the United States, not necessary for the payment Of interest of the public debt. The obligation to create the sinking-fund shall not, however, be impaired thereby. (R. S. § 3699.) § 6815. Purchase of coin—The Secretary of the Treasury may purchase coin with any of the bonds or notes of the United States, authorized by law, at such rates and upon Such terms as he may deem most advantageous to the public interest. (R. S. § 3700.) - § 6816. Exemption from taxation—All stocks, bonds, Treasury notes, and other obligations of the United States, shall be exempt from taxation by Or under State or municipal or local authority. (R. S. § 3701.) t - See §§ 6569, 6570. . - § 6817. Destroyed bonds; duplicates—When- ever it appears to the Secretary of the Treasury, by [Page 10891 * - 3 6818 (Tit. 42 THE PUBLIC DEBT [Page 1090] clear and unequivocal proof, that any interest-bearing bond of the United States has, without bad faith. upon the part of the owner, been destroyed, wholly or in part, or so defaced as to impair its value to the owner, and such bond is identified by number and description, the Secretary of the Treasury shall, under such regulations and With Such restrictions as to time and retention for security or otherwise as he may prescribe, issue a duplicate thereof, having the same time to run, bearing like interest as the bond so proved to have been destroyed or defaced, and so marked as to show the Original number of the bond destroyed and the date thereof. But When Such destroyed or defaced bonds appear to have been Of Such a class Or series as has been or may, before such application, be called in for redemption, instead of issuing duplicates thereof, they shall be paid, with such interest only as would have been paid if they had been presented in accordance with such call. (R. S. § 3702.) - § 6818. Same; indemnity for—The owner of Such destroyed or defaced bond shall surrender the same, or so much thereof as may remain, and Shall file in the Treasury a bond in a penal sum of double the amount of the destroyed or defaced bond, and the interest which would accrue thereon until the principal becomes due and payable, with two good and Sufficient Sureties, residents Of the United States, to be approved by the Secretary of the Treasury, With condition to indemnify and save harmless the United States from any claim upon such destroyed or defaced bond. (R. S. § 3703.) § 6819. Lost registered bond; duplicate for— Whenever it is proved to the Secretary of the Treas- ury, by clear and satisfactory evidence, that any duly registered bond of the United States, bearing inter- est, issued for valuable consideration in pursuance of law, has been lost or destroyed, so that the same is not held by any person as his OWn property, the Secretary shall issue a duplicate of such registered bond, of like amount, and bearing like interest and marked in the like manner as the bond so proved to be lost Or destroyed. (R. S. § 3704.) . § 6820. Same; indemnity for—The owner of such missing bond shall first file in the Treasury a bond in a penal sum equal to the amount of Such missing bond, and the interest which would accrue thereon, until the principal thereof becomes due and payable, with two good and sufficient sureties, resi- dents of the United States, to be approved by the Secretary of the Treasury, with condition to indem- nify and save harmless the United States from any claim because of the lost or destroyed bond. (R. S. § 3705.) - - * § 6821. Exchange of registered for coupon bonds—The Secretary of the Treasury is hereby au- thorized to issue, upon such terms and under Such regulations as he may from time to time prescribe, registered bonds in exchange for and in lieu of any coupon-bonds which have been or may be lawfully is- sued; such registered bonds to be similar in all re- spects to the registered bonds issued under the acts authorizing the issue of the coupon-bonds offered for exchange. (R. S. § 3706.) • § 6822. Credit to officers for stolen notes— When any officer or agent duly authorized to re- ceive, redeem, or cancel any Treasury notes issued by authority of law, shall receive, or pay, any Treasury note which has been previously received Or redeemed - by any officer or agent having authority to receive or redeem such note, and which has subsequently thereto been purloined and put into circulation, the Secretary of the Treasury, upon full and satisfactory proof that the same has been received or paid in good faith, and in the exercise of ordinary prudence, may allow a Credit for the amount of such note, to the officer Or agent SO receiving or paying the same. (R. S. § 3707.) w (R. S. § 3708. Repealed.) - & This section prohibited the imitation of United States securities, or the printing of business cards, etc., upon them. It was incorporated in the Criminal Code, in Sec- tion 175 thereof (§ 10345), and was repealed by section 341 thereof (§ 10515). - - § 6823. Purchase or redemption of bonds- The Secretary of the Treasury may at any time apply the surplus money in the Treasury not otherwise ap- propriated, or so much thereof as he may consider proper, to the purchase or redemption of United States bonds: Provided, That the bonds SO purchas- ed or redeemed shall constitute no part of the sink- ing fund, but shall be canceled. (March 3, 1881, C. 133, § 2, 21 Stat. 457.) § 6824. Loans to meet public expenditures; certificates of indebtedness; limitation; counter- feiting—The Secretary of the Treasury is author- ized to borrow, from time to time, at a rate of inter- est not exceeding three per centum per annum, Such sum or sums as in his judgment, may be necessary to meet public expenditures, and to issue therefor certifi- cates of indebtedness in such form and in Such denomi- nations as he may prescribe; and each Certificate SO issued shall be payable, with the interest aCCrued thereon, at such time, not exceeding One year from the date of its issue, as the Secretary of the Treasury may prescribe : Provided, That the sum of such certi- ficates outstanding shall at no time exceed $300,000,- 000, and the provisions of existing law respecting Court- terfeiting and other fraudulent practices are hereby extended to the bonds and Certificates of indebtedness authorized by this Act. (June 13, 1898, c. 448, § 32, 30 Stat. 466, amended, Aug. 5, 1909, c. 6, § 40, 36 Stat. 117, and March 3, 1917, c. 159, § 401, 39 Stat. 1003.) See §§ 10317, 10318, 10321-10324, 10515. § 6825. Exchange of outstanding five, four, or three per cent. Bonds—The Secretary Of the Treasury is hereby authorized to receive at the Treas- ury any of the outstanding bonds of the United States bearing interest at five per Centum per annum, paya- ble February first, nineteen hundred and four, and any bonds of the United States bearing interest at four per centum per annum, payable July first, nine- teen hundred and seven, and any bonds of the United States bearing interest at three per centum per an- num, payable August first, nineteen hundred and eight, and to issue in exchange therefor an equal amount Of coupon or registered bonds Of the United States in such form as he may prescribe, in denom- inations of fifty dollars or any multiple thereof, bear- ing interest at the rate of two per centum per annum, payable quarterly, such bonds to be payable at the pleasure of the United States after thirty years from the date of their issue, and said bonds to be payable, principal and interest, in gold coin of the present standard value, and to be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, munic- ipal, or local authority: Provided, That such out- standing bonds may be received in exchange at a valuation not greater than their present worth to yield an income of two and One-quarter per centum per annum ; and in consideration of the reduction of interest effected, the Secretary of the Treasury is authorized to pay to the holders of the outstanding bonds surrendered for exchange, out of any money in the Treasury not otherwise appropriated, a sum not greater than the difference between their present worth, computed as aforesaid, and their par value, and the payments to be made hereunder shall be held to be payments on account of the sinking fund created by section thirty-six hundred and ninety-four of the Revised Statutes: and provided further, That the two per centum bonds to be issued under the provisions of this Act shall be issued at not less than par, and they shall be numbered consecutively in the Order of their issue, and when payment is made the last numbers is- sued shall be first paid, and this order shall be fol- lowed until all the bonds are paid, and whenever any Tit. 42) # 6829b THE PUBLIC DEIBT [Page 1091] #. - of the outstanding bonds are called for payment in- terest thereon shall cease three months after Such call; and there is hereby appropriated Out Of any mon- ey in the Treasury not otherwise appropriated, to effect the exchanges of bonds provided for in this Act, a sum not exceeding one-fifteenth of One per Centum of the face value of said bonds, to pay the expense of preparing and issuing the same and other expenses incident thereto. (March 14, 1900, c. 41, § 11, 31 Stat. 48. ) See § 9713. § 6826. Loans to defray expenditures for Pan- ama Canal; bonds—The Secretary of the Treasury is hereby authorized to borrow on the credit Of the United States from time to time, as the proceeds may be required to defray expenditures authorized by this Act (such proceeds when received to be used Only for the purpose of meeting such expenditures), the sum of one hundred and thirty million dollars, or SO much thereof as may be necessary, and to prepare and issue therefor coupon or registered bonds Of the |United States in such form as he may prescribe, and in denominations of twenty dollars or some multiple of that Sum, redeemable in gold coin at the pleasure Of the United States after ten years from the date of their issue, and payable thirty years from such date, and bearing interest payable quarterly in gold coin at the rate of two per centum per annum ; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority: Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under Such regula- tions as he may prescribe, giving to all citizens of the |United States an equal Opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding One-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. (June 28, 1902, c. 1302, § 8, 32 Stat. 484.) § 6827. Same; bornds to have all rights and privileges of other two per cent. bonds—The two per cent. bonds of the United States authorized by section eight of the Act entitled “An act to provide for the Construction of a Canal Connecting the waters of the Atlantic and Pacific Oceans,” approved June twenty-eight, nineteen hundred and two, shall have all the rights and privileges accorded by law to other two per cent. bonds of the United States, and every national banking association having On deposit, as provided by law, such bonds issued under the provi- sions of said section eight of said Act approved June twenty-eight, nineteen hundred and two, to secure .its circulating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per cent. each half year upon the average amount Of Such of its notes in circulation as are based upon the deposit of said two per cent, bonds; and such taxes shall be in lieu of existing taxes on its notes in Circulation imposed by section fifty-two hundred and fourteen of the Revised Statutes. (Dec. 21, 1905, c. 3, § 1, 34 Stat. 5.) R. S. § 5214, is $ 97.79. And see § 9800. § 6828. Same; additional bonds—The Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time, as the proceeds may be required to defray expenditures On a CCOUnt Of the Panama Canal and to reimburse the Treasury for such expenditures already made and not covered by previous issues of bonds, the sum of two hundred and ninety million five hundred and sixty-nine thousand dollars (which sum together with the eighty-four million six hundred and thirty-one thousand nine hundred dollars already borrowed upon issues of two per cent. bonds under Section eight of the Act of June tWenty-eighth, nine- teen hundred and two, equals the estimate of the Isthmian Canal Commission to cover the entire cost of the Canal from its inception to its Completion), and to prepare and issue therefor coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of one hundred dol- lars, five hundred dollars, and One thousand dollars, payable fifty years from the date of issue, and bear- ing interest payable quarterly in gold coin at a rate not exceeding three per centum per annum ; and the bonds herein authorized shall be exempt from all tax- es or duties of the United States, as Well as from taxation in any form by or under State, municipal, or local authority: Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding one-tenth of one per Centum Of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expenses Of pre- paring, advertising, and issuing the same; and the authority contained in section eight of the Act of June twenty-eighth, nineteen hundred and two, for the issue of bonds bearing interest at two per Centum per annum, is hereby repealed. (Aug. 5, 1909, c. 6, § 39, 36 Stat. 117.) - See § 6829d. § 6829. Same; bonds; provision that they shall not be receivable as security for national bank circulating notes—That the Secretary Of the Treasury be, and he is hereby, authorized to insert in the bonds to be issued by him under section thirty- nine of an Act entitled “An Act to provide revenue, equalize duties, and encourage the industries of the United States and for other purposes,” approved Au- gust fifth, nineteen hundred and nine, a provision that Such bonds shall not be receivable by the Treasurer of the United States as security for the issue of Cir- culating notes to national banks; and the bonds Con- taining such provision shall not be receivable for that purpose. (March 2, 1911, c. 195, 36 Stat. 1013.) . § 6829a. Same; bonds; disposition of proceeds —All expenditures from the appropriations hereto- fore, herein, and hereafter made for the construc- tion of the Panama Canal, including any portion. Of such appropriations which may be used for the Con- struction of dry docks, repair shops, yards, docks, wharves, warehouses, storehouses, and Other neces- sary facilities and appurtenances, for the purpose of providing coal and other materials, labor, repairs, and supplies, for the construction of office buildings and quarters, and other necessary buildings, exclu- sive of fortifications, colliers, dock six at Cristobal, coal barges, and repairs, alterations, and reboilering of steamships Ancon and Cristobal, and exclusive of the fair value of the American Legation building in Panama, as approved by the Secretary of War and Secretary of State, and exclusive of the amount used for Operating and maintaining the Canal, and exclusive of the amount expended for sanitation and civil government after January first, nineteen hundred and fifteen, may be paid from or reimbursed to the Treasury of the United States out of the proceeds of the sale of bonds authorized in section eight of the said Act approved June tWenty-eighth, nineteen hun- dred and two, and section thirty-nine of the tariff Act approved August fifth, nineteen hundred and nine. (July 1, 1916, c. 209, § 1, 39 Stat. 334, amended, Act June 12, 1917, c. 27, § 1, 40 Stat. 178.) § 6829b. Bonds for nitrate plants; acts ap- plicable—In order to raise the money appropriated by this Act and necessary to carry its provisions into effect, the Secretary of the Treasury, upon the re- quest of the President of the United States, may issue and Sell, Or use for Such purpose Or Construction here- inabove authorized, any of the bonds of the United 2 6829b (Tit. 42 THE PUBLIC DEBT [Page 1092] States now available in the Treasury of the United States under the Act of August fifth, nineteen hundred and nine, the Act of February fourth, nineteen hun- dred and ten, and the Act of March Second, nineteen hundred and eleven, relating to the issue of bonds for the construction of the Panama Canal, to a total amount not to exceed $20,000,000: Provided, That any Panama Canal bonds issued and sold or used under the provisions of this section may be made payable at such time after issue as the Secretary. Of the Treasury, in his discretion, may deem advisable, and fix, instead of fifty years after date of issue, as in said Act of August fifth, nineteen hundred and nine, not exceeding fifty years. (June 3, 1916, c. 134, § 124, 39 Stat. 215.) - - - - See §§ 3110b, 6828, 6829, 6830, 6831. § 6829c. Bonds for construction of vessels by Shipping Board; acts applicable—And the Secre- tary of the Treasury, upon the request of the board, approved by the President, shall from time to time issue and sell or use any of the bonds of the United States now available in the Treasury under the Acts of August fifth, nineteen hundred and nine, February fourth, nineteen hundred and ten, and March second, nineteen hundred and eleven, relating to the issue of bonds for the construction of the Panama Canal, to a total amount not to exceed $50,000,000: Provided, That any bonds issued and sold or used under the pro- Visions of this Section may be made payable at Such time within fifty years after issue as the Secretary of the Treasury may fix, instead of fifty years after the date of issue, as prescribed in the Act of August fifth, nineteen hundred and nine. (Sept. 7, 1916, c. 451, § 13, 39 Stat. 732.) - See § 8146g. - $ 6829d. Loans to defray expenditures due to Mexican situation; bornds; additional Panama. Canal bonds—The Secretary of the Treasury is here- by authorized to borrow on the credit of the United States from time to time such Sums as in his judg- ment may be required to meet public expenditures On account of the Mexican situation, the construction of the armor-plate plant, the construction of the Alaskan Railway, and the purchase of the Danish West Indies, or to reimburse the Treasury for such expenditures, and to prepare and issue therefor bonds of the United States not exceeding in the aggregate $100,000,000, in such form as he may prescribe, bearing interest pay- able quarterly at a rate not exceeding three per Cen- tum per annum ; and such bonds shall be payable, principal and interest, in United States gold coin of the present standard of value, and both principal and interest shall be exempt from all taxes or duties of the United States as well as from taxation in any form by or under State, municipal, or local authority, and shall not be receivable by the Treasurer of the United States as security for the issue of circulating notes to national banks: Provided, That such bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving all citizens of the United States an equal opportunity therefor, but no commissions shall be allowed or paid thereon ; and a sum not ex- ceeding one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise ap- propriated, to pay the expenses of preparing, advertis- ing, and issuing the same: And provided further, That in addition to such issue of bonds, the Secretary of the Treasury may prepare and issue for the pur- poses specified in this section any portion of the bonds Of the United States now available for issue under authority of Section thirty-nine of the Act entitled “An Act to provide revenue, equalize duties, and en- courage the industries of the United States, and for Other purposes,” approved August fifth, nineteen hun- dred and nine: And provided further, That the issue of bonds under authority of this Act and any Panama Canal bonds hereafter issued under authority of Sec- tion thirty-nine of the Act entitled “An Act to provide revenue, equalize duties, and encourage the industries Of the United States, and for other purposes,” ap- proved August fifth, nineteen hundred and nine, shall be made redeemable and payable at such times within fifty years after the date of their issue as the Secre- tary Of the Treasury, in his discretion, may deem ad- Visable. (March 3, 1917, c. 159, § 400, 39 Stat. 1002.) See § 6828. § 6829.e. Loans to defray emergency expendi- tures; bords—The Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time such sums as may be necessary to meet emergency expenditures directed by the President for naval construction or the ex- pediting thereof, as may be authorized by law, not ex- ceeding $150,000,000, or to reimburse the Treasury for Such expenditures, and to prepare and issue therefor bonds of the United States in such form and subject to Such terms and conditions as the Secretary of the Treasury may prescribe: Provided, That the Secre- tary of the Treasury is hereby authorized to is- Sue Serial bonds of the United States maturing in equal amounts from date of issue to twenty years from date of issue, bearing interest payable semian- Inually at a rate not exceeding three per centum per annulm: Provided further, That such bonds shall be issued at not less than par, shall bear interest not exceeding three per centum per annum, shall not have the circulation privilege attaehed, and that all citi- zens of the United States shall be given an equal op- portunity to subscribe therefor, but no commission shall be allowed or paid thereon ; both principal and interest shall be payable in United States gold coin of the present standard of value, and shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, mu- nicipal, or local authority. In order to pay the neces- Sary expenses connected with said issue of bonds a Sum not exceeding One-tenth of one per Centum of the amount of bonds herein authorized is hereby appro- priated, Out Of any money in the Treasury not. Other- wise appropriated, to be expended as the Secretary of the Treasury may direct. (March 4, 1917, c. 191, 39 Stat. 1201.) § 6829ee. First Liberty loan; amount; bornds —The Secretary Of the Treasury, with the approval of the President, is hereby authorized to borrow, from time to time, on the credit of the United States for the purposes of this Act, and to meet expenditures au- thorized for the national security and defense and other public purposes authorized by law not exceeding in the aggregate $5,000,000,000, exclusive of the sums authorized by section four of this Act, and to issue therefor bonds of the United States. - The bonds herein authorized shall be in Such form and subject to such terms and conditions of issue, Con- version, redemption, maturities, payment, and rate and time of payment of interest, not exceeding three and one-half per centum per annum, as the Secretary Of the Treasury may prescribe. The principal and interest thereof shall be payable in United States gold coin of the present standard of value and shall be exempt, both as to principal and interest, from all taxation, except estate or inheritance taxes, imposed by authority of the United States, or its possessions, or by any State or local taxing authority; but such bonds shall not bear the circulation privilege. The bonds herein authorized shall first be offered at not less than par as a popular loan, under Such regu- Iations prescribed by the Secretary of the Treasury as will give all citizens of the United States an equal opportunity to participate therein ; and any portion of the bonds so offered and not subscribed for may be otherwise disposed of at not less than par by the Secretary of the Treasury; but no Commissions shall be allowed or paid on any bonds issued under author- ity of this Act. (April 24, 1917, c. 4, § 1, 40 Stat. 35.) Tit. 42) 3 6829hh THE PUBLIC DEIBT [Page 1093 § 6829f. Purchase of obligations of allied foreign governments; credits; appropriationa-- For the purpose of more effectually providing for the national security and defense and prosecutling the war by establishing credits in the United States for . foreign governments, the Secretary of the Treasury, with the approval Of the President, is hereby author- ized, on behalf of the United States, to purchase, at par, from such foreign governments then engaged in war with the enemies of the United States, their ob- ligations hereafter issued, bearing the same rate of interest and containing in their essentials the same terms and Conditions as those of the United States issued under authority of this Act; to enter into such arrangements as may be necessary or desirable for establishing such credits and for purchasing such obli- gations of foreign governments and for the subsequent payment thereof before maturity, but such arrange- ments shall provide that if any of the bonds of the United States issued and used for the purchase of such foreign obligations shall thereafter be converted into other bonds of the United States bearing a high- er rate of interest than three and one-half per centum per annum under the provisions of section five of this Act, then and in that event the obligations of such foreign governments held by the United States shall be, by such foreign governments, converted in like manner and extent into Obligations bearing the same rate Of interest as the bonds Of the United States issued under the provisions of Section five of this Act. For the purposes of this section there is appro- priated, out of any money in the Treasury not other- Wise appropriated, the sum of $3,000,000,000, or so much thereof as may be necessary: Provided, That the authority granted by this section to the Secretary Of the Treasury to purchase bonds from foreign gov- ernments, as aforesaid, shall cease upon the termina- tion of the war between the United States and the Imperial German Government. (April 24, 1917, c. 4, § 2, 40 Stat. 35.) - - § 6829ff. Same; receiving payment or sale of —The Secretary of the Treasury, under such terms and Conditions as he may prescribe, is hereby author- ized to receive on or before maturity payment for any Obligations of such foreign governments purchased on behalf of the United States, and to sell at not less than the purchase price any of such obligations and to apply the proceeds thereof, and any payments made by foreign governments on account of their said Obligations to the redemption or purchase at not more than par and accrued interest of any bonds of the United States issued under authority of this Act; and if such bonds are not available for this purpose the Secretary of the Treasury shall redeem or pur- Chase any other Outstanding interest-bearing obliga- tions of the United States which may at such time be subject to call or which may be purchased at not more than par and accrued interest. (April 24, 1917, C. 4, § 3, 40 Stat. 35.) § 6829g. Bonds under §§ 6828–6829-e and Res. March 4, 1917, e. 191; loans to redeem 3% loan of 1908 to 1918, and bonds therefor-The Secre- tary of the Treasury, in his discretion, is hereby au- thorized to issue the bonds not already issued hereto- fore authorized by section thirty-nine of the Act ap- proved August fifth, nineteen hundred and nine, en- titled “An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes”; section one hundred and twenty- four of the Act approved June third, nineteen hundred and sixteen, entitled “An Act for making further and more effectual provision for the national defense, and for other purposes”; section thirteen of the Act of September seventh, nineteen hundred and sixteen, entitled “An Act to establish a United States shipping board for the purpose of encouraging, developing, and Creating a naval auxiliary and a naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its Térritories and possessions and with foreign countries, to regu- late Carriers by water engaged in the foreign and in- terstate Commerce of the United States, and for other purposes”; Section four hundred of the Act approved March third, nineteen hundred and seventeen, entitled “An Act to provide increased revenue to defray the expenses of the increased appropriations for the Army and Navy and the extensions of fortifications, and for other purposes”; and the public resolution approved March fourth, nineteen hundred and seven- teen, entitled “Joint resolution to expedite the deliv- ery of materials, equipment, and munitions and to Secure more expeditious construction of ships,” in the Imanner and under the terms and conditions prescribed in section one of this Act. - - That the Secretary of the Treasury is hereby au- thorized to borrow On the Credit Of the United States from time to time, in addition to the sum authorized in Section one of this Act, such additional amount, not eXceeding $63,945,460 as may be necessary to redeem the three per cent. loan of nineteen hundred and eight to nineteen hundred and eighteen, maturing August first, nineteen hundred and eighteen, and to issue therefor bonds of the United States in the manner and under the terms and conditions prescribed in Sec- tion one of this Act. (April 24, 1917, c. 4, § 4, 40 Stat. 36.) - See §§ 6828, 6829b, 6829c, 6829d, 6829e. § 6829.gg. Conversion of bonds authorized in- to bonds bearing higher interest rate–Any series of bonds issued under authority of sections one and four Of this Act may, under such terms and conditions as the Secretary of the Treasury may prescribe, be COn Vertible into bonds bearing a higher rate of inter- est than the rate at which the same were issued if any Subsequent Series of bonds shall be issued at a higher rate of interest before the termination of the War between the United States and the Imperial German Government, the date of such termination to be fixed by a proclamation of the President of the United States. (April 24, 1917, c. 4, § 5, 40 Stat. 36.) § 6829h. First Liberty loan; certificates of indebtedness—In addition to the bonds authorized by Sections one and four of this Act, the Secretary of the Treasury is authorized to borrow from time to time, On the credit of the United States, for the purposes of this Act and to meet public expenditures authorized: by law, Such sum or sums as, in his judgment, may be necessary, and to issue therefor certificates of in- debtedness at not less than par in Such form and Subject to such terms and Conditions and at Such rate Of interest, not exceeding three and one-half pel: Centum per annum, as he may prescribe; and each Certificate so issued shall be payable, with the in- terest accrued thereon, at such time, not exceeding One year from the date Of its issue, as the Secretary of the Treasury may prescribe. Certificates of in- debtedness herein authorized Shall not bear the Cir- Culation privilege, and the Sulm Of Such certificates Outstanding shall at no time exceed in the aggregate $2,000,000,000, and such certificates shall be exempt, both as to principal and interest, from all taxation, except estate or inheritance taxes, imposed by au- thority of the United States, or its possessions, or by any State or iocal taxing authority. (April 24, 1917, c. 4, § 6, 40 Stat. 36.). § 6829hh.. Sairie; deposit of proceeds of sale of bonds and certificates of indebtedness—The Sec- retary of the Treasury, in his discretion, is hereby au- thorized to deposit in such banks and trust companies as he may designate the proceeds, Or any part thereof, arising from the sale of the bonds and certificates of indebtedness authorized by this Act, Or the bonds previously authorized as described in section four of this Act, and Such deposits may bear Such rate of interest and be subject to Such terms and condi- tions as the Secretary of the Treasury may prescribe: Provided, That the amount SO deposited shall not in 3 6829hh (Tit. 42 TEIE PUBLIC DEBT IPage 1094] any case exceed the amount withdrawn from any such bank or trust Company and invested in such bonds or certificates Of indebtedness plus the amount SO in- Wested by Such bank Or trust Company, and Such de- posits shall be segured in the manner required for Other deposits by section fifty-one hundred and fifty- three, Revised Statutes, and amendments thereto: Provided further, That the provisions of section fifty- One hundred and ninety-One Of the Revised Statutes, as amended by the Federal Reserve Act and the amendments thereof, with reference to the reserves required to be kept by national banking associations and other member banks of the Federal Reserve Sys- tem, shall not apply to deposits of public moneys by the United States in designated depositaries. (April 24, 1917, c. 4, § 7, 40 Stat. 37.) See §§ 9746, 9785-9805. § 6829i. Same; appropriation to pay expenses of issue of bonds—In order to pay all necessary ex- penses, including rent, connected with any Operations under this Act, a sum not exceeding one-tenth Of One per centum of the amount of bonds and one-tenth of one per centum of the amount of certificates of in- debtedness herein authorized is hereby appropriated, or as much thereof as may be necessary, Out of any money in the Treasury not otherwise appropriated, to be expended as the Secretary of the Treasury may direct: Provided, That, in addition to the reports now required by law, the Secretary of the Treasury shall, on the first Monday in December, nineteen hundred and seventeen, and annually thereafter, transmit to the Congress a detailed statement of all expenditures under this Act. (April 24, 1917, c. 4, § 8, 40 Stat. 37.) § 6829iž. Same; short title of act—The short title of this Act shall be “First Liberty Bond Act.” (April 24, 1917, c. 4, § 9, added, April 4, 1918, c. 44, § 7, 40 Stat.) . § 6829ii. Second and Third Liberty Loans; amount; bords—The Secretary of the Treasury, with the approval of the President, is hereby author- ized to borrow, from time to time, on the credit Of the United States for the purposes of this Act, and to meet expenditures authorized for the national Secur- ity and defense and other public purposes authorized by law, not exceeding in the aggregate $12,000,000,- 000, and to issue therefor bonds of the United States, in addition to the $2,000,000,000 bonds already is- sued or offered for subscription under authority of the Act approved April twenty-fourth, nineteen hun- dred and seventeen, entitled “An Act to authorize an issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to extend Credit to foreign governments, and for other purposes”: Pro- vided, That of this sum $3,063,945,460 shall be in lieu of that amount of the unissued bonds authorized by sections One and four Of the Act approved April twen- ty-fourth, nineteen hundred and seventeen, $225,000,- 000 Shall be in lieu. Of that amount Of the unissued bonds authorized by section thirty-nine of the Act approved August fifth, nineteen hundred and nine, $150,000,000 shall be in lieu. Of the unissued bonds au- thorized by the joint resolution approved March fourth, nineteen hundred and seventeen, and $100,- 000,000 shall be in lieu of the unissued bonds au- thorized by section four hundred of the Act approved March third, nineteen hundred and seventeen. The bonds herein authorized shall be in Such form Or forms and denomination Or denominations and Subject to such terms and conditions of issue, Con- Version, redemption, maturities, payment, and rate Or rates Of interest, not exceeding four and one-quar- ter per Centum per annum, and time or times of pay- ment Of interest, as the Secretary of the Treasury from time to time at or before the issue thereof may preSCribe. The principal and interest thereof shall be payable in United States gold coin of the present Standard Of Value. less than par, as he may determine. The bonds herein authorized shall from time to time first be offered at not less than par as a popu- lar loan, under such regulations, prescribed by the Secretary of the Treasury from time to time, as will in his Opinion give the people of the United States as nearly as may be an equal opportunity to participate therein, but he may make allotment in full upon ap- plications for Smaller amounts of bonds in advance of any date which he may set for the closing of sub- Scriptions and may reject or reduce allotments upon later applications and applications for larger amounts, and may reject or reduce allotments upon applications from incorporated banks and trust com- panies for their own account and make allotment in full Or larger allotments to others, and may establish a graduated Scale of allotments, and may from time to time adopt any or all of said methods, should any Such action be deemed by him to be in the public in- terest: Provided, That Such reduction. Or increase of allotments of Such bonds shall be made under general rules to be prescribed by said Secretary and shall apply to all Subscribers similarly situated. And any portion Of the bonds so offered and not taken may be Otherwise disposed of by the Secretary of the Treas- ury in Such manner and at such price or prices, not The Secretary may make Special arrangements for Subscriptions at not less than par from persons in the military or na- val forces of the United States, but any bonds issued to such persons shall be in all respects the same as other bonds of the same issue. (Sept. 24, 1917, c. 56, § 1, 40 Stat. 288, amended, April 4, 1918, c. 44, § 1, 40 Stat.) - See §§ 6828, 6829e-68291. § 6829.j. Establishment of credits for allied foreign governments engaged in war; purchase of obligations of such governments; appropria- tion—For the purpose of more effectually providing for the national security and defense and prosecuting the war, the Secretary of the Treasury, with the ap- proval of the President, is hereby authorized, on be- half of the United States, to establish credits with the United States for any foreign governments then en- gaged in war with the enemies of the United States; and, to the extent of the credits so established from time to time, the Secretary Of the Treasury is here- by authorized to purchase, at par, from such foreign governments respectively their several obligations hereafter issued, bearing such rate or rates of inter- est, maturing at such date or dates, not later than the bonds Of the United States then last issued under the authority of this Act, or of such Act approved April twenty-fourth, nineteen hundred and Seventeen, and containing such terms and conditions as the Sec- retary of the Treasury may from time to time de- termine, or to make advances to Or for the account of any such foreign governments and to receive such obligations at par for the amount of any such ad- vances; but the rate or rates of interest borne by any such obligations shall not be less than the high- est rate borne by any bonds Of the United States which, at the time of the acquisition thereof, shall have been issued under authority of said Act approv- ed April twenty-fourth, nineteen hundred and seven- teen, or of this Act, and any such obligations shall contain such provisions as the Secretary of the Treas- ury may from time to time determine for the conver- Sion of a proportionate part Of Such Obligations into obligations bearing a higher rate of interest if bonds Of the United States issued under authority Of this Act shall be converted into other bonds of the United States bearing a higher rate of interest, but the rate Of interest in such foreign Obligations issued upon Such conversion shall not be less than the highest rate of interest borne by such bonds of the United States; and the Secretary of the Treasury with the approval of the President, is hereby authorized to enter into such arrangements from time to time with any such Tit. 42) 3 6829kk THE PUBLIC DEBT [Page 10951 foreign Governments as may be necessary or desira- ble for establishing such credits and for the payment of such obligations of foreign Governments before maturity. For the purposes of this section there is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $5,500,000,000, and in addition thereto the unexpended balance Of the appropriations made by section tWO Of Said act approved April twenty-fourth, nineteen hundred and seventeen, or so much thereof as may be necessary: Provided, That the authority granted by this section to the Secretary of the Treasury to establish credits for foreign Governments, as aforesaid, shall cease upon the termination of the war between the United States and the Imperial German Government. (Sept. 24, 1917, c. 56, § 2, 40 Stat. 288, amended, April 4, 1918, c. 44, § 2, 40 Stat.) e' § 6829.jj. Same; conversion of obligations in- to obligations bearing higher interest rate; sale of obligations; redemption of United States Honds—The Secretary of the Treasury is hereby all- thorized, from time to time, to exercise in respect to any obligations of foreign governments acquired un- der authority of this Act or of said Act approved April twenty-fourth, nineteen hundred and seventeen, any privilege of conversion into obligations bearing interest at a higher rate provided for in Or pursuant to this Act or said Act approved April twenty-fourth, nineteen hundred and seventeen, and to Convert any short-time obligations of foreign governments which may have been purchased under the authority of this Act or of said Act approved April twenty-fourth, nineteen hundred and seventeen, into long-time obli- gations of such foreign governments, respectively, maturing not later than the bonds of the United States then last issued under the authority of this Act or of Said Act approved April. twenty-fourth, nineteen hundred and seventeen, as the case may be, and in Such form and terms as the Secretary Of the Treasury may prescribe; but the rate or rates of interest borne by any such long-time obligations at the time of their acquisition shall not be less than the rate borne by the short-time obligations so Con- verted into such long-time obligations; and, under such terms and conditions, as he may from time to time prescribe, to receive payment, on or before ma- turity, of any obligations of such foreign govern- ments acquired on behalf of the United States under authority of this Act or of said -Act approved April twenty-fourth, nineteen hundred and seventeen, and, with the approval of the President, to sell any of such obligations (but not at less than the purchase price with accrued interest unless otherwise here- after provided by law), and to apply the proceeds thereof, and any payments so received from foreign governments on account of the principal of their said obligations, to the redemption or purchase, at not more than par and accrued interest, of any bonds of the United States issued under authority of this Act Or Of Said Act approved April twenty-fourth, nine- teen hundred and seventeen ; and if such bonds can not be so redeemed or purchased the Secretary of the Treasury shall redeem or purchase any other out- Standing interest-bearing Obligations of the United States which may at such time be subject to redemp- tion or which can be purchased at not more than par and accrued interest. (Sept. 24, 1917, c. 56, § 3, 40 Stat. 289.) § 6829k. Second and Third Liberty Loans; bonds; conversion into bonds bearing higher in- terest rate-In connection with the issue of any Series of bonds under the authority of section one Of this Act the Secretary of the Treasury may deter- mine that the bonds of such series shall be converti- ble as provided in or pursuant to this section, and, in any Such case, he may make appropriate provision to that end in offering for subscription the bonds of Such Series (hereinafter called convertible bonds). In any case of the issue of a series of convertible bonds, if a subsequent series of bonds (not including United States certificates of indebtedness, war savings cer- tificates, and other obligations maturing not more than five years from the issue of Such obligations, re- spectively) bearing interest at a higher rate shall, un- der the authority of this or any other Act, be issued by the United States before the termination of the war between the United States and the Imperial Ger- man Government, then the holders of such converti- ble bonds shall have the privilege, at the Option Of the several holders, at any time within Such period, after the public offering of bonds of such subsequent series, and under such rules and regulations as the Secretary of the Treasury shall have prescribed, Of converting their bonds, at par, into bonds bearing such higher rate of interest at such price not less than par as the Secretary of the Treasury shall have prescribed. The bonds to be issued upon such COn- version under this Act shall be substantially the same in form and terms as shall be prescribed by Or pursuant to law with respect to the bonds of such subsequent series, not only as to interest rate but also as to convertibility (if future bonds be issued at a still higher rate of interest) or nonconvertibility, and as to exemption from taxation, if any, and in all other respects, except that the bonds issued upon such conversion shall have the same dates of matu- rity, of principal, and of interest, and be subject to the same terms of redemption before maturity, as the bonds converted ; and Such bonds shall be issued from time to time if and when and to the extent that the privilege of conversion so conferred shall arise and shall be exercised. If the privilege of conver- sion so conferred under this Act shall Once arise, and shall not be exercised with respect to any converti- ble bonds within the period so prescribed by the Sec- retary of the Treasury, then such privilege shall terminate as to such bonds and shall not arise again though again thereafter bonds be issued bearing in- terest at a higher rate or rates. * Holders of bonds bearing interest at a higher rate than four per centum per annum, whether issued (a) under section one, or (b) upon conversion of four per centum bonds issued under section one, or (c) upon conversion of three and one-half per centum bonds issued under said Act approved April twenty- fourth, nineteen hundred and seventeen, or (d) upon Conversion of four per Centum bonds issued upon COn- version of Such three and One-half per Centum bonds, shall not be entitled to any privilege Of Conversion under or pursuant to this section or otherwise. The provisions of section seven shall extend to all such bOndS. - - - If bonds bearing interest at a higher rate than four per centum per annum shall be issued before July first, nineteen hundred and eighteen, then any bonds bearing interest at the rate of four per centum per annum which shall, after July first, nineteen hundred and eighteen, and before the expiration of the six months’ conversion period prescribed by the Secre- tary of the Treasury, be presented for conversion in- to bonds bearing interest at Such higher rate, shall, for the purpose of computing the amount of interest payable, be deemed to have been converted on the dates for the payment of the Semiannual interest on the respective bonds so presented for conversion, last preceding the date of Such presentation. (Sept. 24, 1917, c. 56, § 4, 40 Stat. 290, amended, April 4, 1918, c. 44, § 3, 40 Stat.) § 6829}x}x. Same; additional loans; certifi- cates of indebtedness—In addition to the bonds au- thorized by section one of this Act the Secretary of the Treasury is authorized to borrow from time to time, on the credit of the United States, for the pur- poses of this Act and to meet public expenditures au- thorized by law, Such sum Or sums as in his judgment may be necessary, and to issue therefor certificateS 3 6829l (Tit.42 THE PUBLIC DEBT IPage 1096] Of indebtedness of the United States at not less than par in such form or forms and subject to such terms and conditions and at Such rate or rates of interest aS he may prescribe; and each certificate so issued Shall be payable at Such time not exceeding One year from the date of its issue, and may be redeemable be- fore maturity upon such terms and conditions, and the interest accruing thereon shall be payable at such time or times as the Secretary of the Treasury may prescribe. The sum of such certificates Outstanding hereunder and under Section six of Said Act approved April twenty-fourth, nineteen hundred and seventeen, shall not at any One time exceed in the aggregate $8,000,000,000. (Sept. 24, 1917, c. 56, § 5, 40 Stat. 290, as amended, Act April 4, 1918, c. 44, § 4, 40 Stat.) § 6829b. Same; additional loans; war-savings certificates—In addition to the bonds authorized by Section One Of this Act and the certificates of indebted- ness authorized by Section five of this Act, the Secreta- ry Of the Treasury is authorized to borrow from time to time, on the credit of the United States, for the purposes of this Act and to meet public expenditures authorized by law, Such Sum or sums as in his judg- ment may be necessary, and to issue therefor, at such price or prices and upon Such terms and Conditions as he may determine, War-Savings certificates of the |United States on which interest to maturity may be discounted in advance at such rate or rates and Com- puted in Such manner as he may prescribe. Such War-savings certificates shall be in such form or forms and Subject to Such terms and Conditions, and may have such provisions for payment thereof before ma- turity, as the Secretary of the Treasury may prescribe. Each War-savings Certificate so issued shall be payable at Such time, not exceeding five years from the date of its issuie, and may be redeemable before maturity, upon such terms and conditions as the Secretary of the Treasury may prescribe. The sum of such war- Savings Certificates Outstanding shall not at any One time exceed in the aggregate $2,000,000,000. The amount of war-savings certificates sold to any one per- son at any one time shall not exceed $100, and it shall not be lawful for any One person at any One time to hold war-savings certificates to an aggregate amount exceeding $1,000. The Secretary of the Treasury may, under such regulations and upon such terms and con- ditions as he may prescribe, issue, or cause to be is- sued, stamps to evidence payments for or on account of such certificates. (Sept. 24, 1917, c. 56, § 6, 40 Stat. 291.) § 6829ll. Same; bords; circulation privilege; taxation—None Of the bonds authorized by section one, nor of the certificates authorized by section five, or by section six, of this Act, shall bear the circula- tion privilege. All such bonds and certificates shall be exempt, both as to principal and interest from all taxation now or hereafter imposed by the United States, any State, Or any of the possessions Of the United States, or by any local taxing authority, ex- cept (a) estate or inheritance taxes, and (b) graduated additional income taxes, COmmonly known as Surtaxes, and excess profits and War-profits taxes, now or here- after imposed by the United States, upon the income or profits of individuals, partnerships, associations, or Corporations. The interest On an amount Of Such bonds and Certificates the principal of which does not exceed in the aggregate $5,000, owned by any individ- ual, partnership, association, or Corporation, shall be exempt from the taxes provided for in subdivision (b) of this section. (Sept. 24, 1917, c. 56, § 7, 40 Stat. 291.) § 6829m. Samme; deposit of proceeds of sales of boxads, certificates of indebtedness, and war- savings certificates—The Secretary of the Treasury in his discretion, is hereby authorized to deposit, in such incorporated banks and trust companies as he may designate, the proceeds, or any part thereof, arising from the Sale of the bonds and certificates Of indebtedness and War-savings certificates authorized by this Act, and arising from the payment of income and eXceSS profits taxes, and such deposits shall bear Such rate or rates of interest, and shall be secured in Such manner, and shall be made upon and subject to Such terms and conditions as the Secretary of the Treasury may from time to time prescribe: Provided, That the provisions of section fifty-one hundred and ninety-One of the Revised Statutes, as amended by the Federal Reserve Act, and the amendments thereof, With reference to the reserves required to be kept by national banking associations and other member banks Of the Federal Reserve System, shall not apply to de- posits of public moneys by the United States in desig- nated depositaries. The Secretary of the Treasury is hereby authorized to designate depositaries in for- eign Countries with which shall be deposited all public money Which it may be necessary or desirable to have On deposit in such countries to provide for current disbursements to the military and naval forces of the United States and to the diplomatic and consular and Other representatives of the United States in and about Such Countries until six months after the termination Of the war between the United States and the Imperial German Government, and to prescribe the terms and Conditions of such deposits. (Sept. 24, 1917, c. 56, § 8, 40 Stat. 291, amended April 4, 1918, c. 44, § 5, 40 Stat.) § 6829mm. Same; performanee of services by postal employés—In connection with the operations Of advertising, selling, and delivering any bonds, cer- tificates of indebtedness, or war-savings certificates of the United States provided for in this Act, the Post- master General, under such regulations as he may pre- SCribe, Shall require, at the request of the Secretary of the Treasury, the employees of the Post Office De- partment and of the Postal Service to perform such Services as may be necessary, desirable, or practica- ble, without extra compensation. (Sept. 24, 1917, c. 56, § 9, 40 Stat. 292.) § 6829n. Same; appropriation to pay expenses of issue of bonds; report of expenditures—In or- der to pay all necessary expenses, including rent, con- nected With any Operations under this Act, except un- der Section twelve, a sum not exceeding one-fifth of One per centum of the amount of bonds and war-sav- ing certificates and one-tenth of one per centum of the amount of Certificates of indebtedness herein authoriz- ed is hereby appropriated, or as much thereof as may be necessary, Out of any money in the Treasury not Otherwise appropriated, to be expended as the Secre- tary of the Treasury may direct: Provided, That in addition to the reports now required by law, the Sec- retary of the Treasury shall, on the first Monday in December, nineteen hundred and eighteen, and an- nually thereafter, transmit to the Congress a detailed Statement Of all expenditures under this Act. (Sept. 24, 1917, c. 56, § 10, 40 Stat. 292.) § 6829mm. Issue of bonds under former acts restricted—Bonds shall not be issued under author- ity of sections one and four of said Act approved April twenty-fourth, nineteen hundred and seventeen, in addition to the $2,000,000,000 thereof heretofore is- sued or offered for subscription, but bonds shall be is- sued from time to time upon the interchange of Such bonds Of different denominations and Of coupon and registered bonds and upon the transfer of registered bonds, under such rules and regulations as the Secre- tary of the Treasury shall prescribe, and, if and to the extent that the privilege of conversion provided for in Such bonds shall arise and shall be exercised, in accordance with Such provision for such conversion. No bonds shall be issued under authority Of the Sev- eral sections of Acts and of the resolution mentioned in said section four of the Act approved April twenty- fourth, nineteen hundred and seventeen; but the pro- ceeds of the bonds herein authorized may be used for purposes mentioned in said section four of the Act of April twenty-fourth, mineteen hundred and seventeen, and as set forth in the Acts therein enumerated. (Sept. 24, 1917, c. 56, § 11, 40 Stat. 292.) Tit. 42) 3 6831 THE PUBLIC DEBT [Page 1097] § 68290. Bonds receivable in payment of es- tate or inheritance taxes—Any bonds of the United States bearing interest at a higher rate than four per centum per annum (whether issued under section One of this Act or upon conversion of bonds issued under this Act or under said Act approved April twenty-fourth, nineteen hundred and seventeen), which have been Owned by any person continuously for at least six months prior to the date of his death, and Which upon such date constitute part of his eS- tate, Shall, under rules and regulations prescribed by the Secretary of the Treasury, be receivable by the |United States at par and accrued interest in payment of any estate or inheritance taxes imposed by the United States, under or by virtue of any present or future law upon such estate Or the inheritance there- of. (Sept. 24, 1917, c. 56, § 14, added, April 4, 1918, C. 44, § 6, 40 Stat.) Added to Act Sept. 24, 1917, c. 56, by Act April 4, 1918, c. 44, § 6. See § 6829q. . - § 682900. Purchase of bonds by Secretary of Treasury—The Secretary of the Treasury is all- thorized, from time to time, until the expiration of One year after the termination of the war, to purchase bonds issued under authority of this Act, including bonds issued upon conversion of bonds issued under this Act or said Act approved April twenty-fourth, nineteen hundred and seventeen, at such prices and upon such terms and Conditions as he may prescribe. The par amount of bonds of any such series which may be purchased in the twelve months’ period begin- ning on the date of issue shall not exceed one-twenti- eth of the par amount of bonds of such series Original- ly issued, and in each twelve months' period thereaft- er, shall not exceed one-twentieth of the amount of the bonds of Such series outstanding at the beginning Of Such twelve months’ period. The average cost Of the bonds of any series purchased in any Such twelve months’ period shall not exceed par and accrued inter- est. For the purposes Of this section the Secretary of the Treasury shall set aside, Out of any money in the Treasury not otherwise appropriated, a sum not ex- ceeding one-twentieth of the amount of such bonds is- sued before April first, nineteen hundred and eighteen, and as and when any more such bonds are issued he Shall set aside a sum not exceeding One-twentieth thereof. Whenever, by reason of purchases of bonds, as provided in this section, the amount so set aside falls below the Sum which he deems necessary for the purposes of this section, the Secretary of the Treasury Shall set aside such amount as he shall deem necessa- ry, but not more than enough to bring the entire amount so set aside at such time up to one-twentieth of the amount of such bonds then outstanding. amount SO Set aside by the Secretary Of the Treasury is hereby appropriated for the purposes of this Sec- tion, to be available until the expiration of one year after the termination of the War. - The Secretary of the Treasury shall make to Con- gress at the beginning of each regular session a re- port including a detailed statement of the operations under this section. (Sept. 24, 1917, c. 56, § 15, added, April 4, 1918, c. 44, § 6, 40 Stat.) Added to Act Sept. 24, 1917, c. 56, by Act April 4, 1918, c. 44, § 6. See § 6829q. § 6829p. Issue of bonds payable in foreign money—Any of the bonds or certificates of indebted- ness authorized by this Act may be issued by the Sec- The retary of the Treasury payable, principal and interest, in any foreign money or foreign moneys, as expressed in such bonds or certificates, but not also in United States gold Coin, and he may dispose of such bonds or certificates in such manner and at such prices, not less than par, as he may determine, without compli- ance With the provisions of the third paragraph of Section One. In determining the amount of bonds and Certificates issuable under this Act the dollar equiva- lent of the amount of any bonds, or certificates paya- ble in foreign money or foreign moneys shall be de- termined by the par of exchange at the date of is- Sue thereof, as estimated by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in pursuance of the provisions of section twenty-five of the Act approved August twenty-seventh, eighteen hundred and ninety-four, entitled “An act to reduce taxation, to provide revenue for the Government, and for other purposes.” The Secretary of the Treasury may designate depositaries in foreign countries, with Which may be deposited as he may determine ail or any part of the proceeds of any bonds or certificates authorized by this Act payable in foreign money or foreign moneys. (Sept. 24, 1917, c. 56, § 16, added, | April 4, 1918, c. 44, § 6, 40 Stat.) Added to Act, Sept. 24, 1917, c. 56, by Act April 4, 1918, c. 44, § 6. See § 6829q. § 6829pp. Short title of Act—The short title Of this Act shall be “Second Liberty Bond Act.” (Sept. 24, 1917, c. 56, § 17, added, April 4, 1918, c. 44. § 6, 40 Stat.) - Added to Act Sept. 24, 1917, c. 56, by Act April 4, 1918, c. 44, § 6. See § 6829q. - § 6829q. Same—The short title of this Act shall be “Third Liberty Bond Act.” (April 4, 1918, c. 44, § 8, 40 Stat.) This was section 8 of an act entitled “An Act to amend an act approved September twenty-fourth, nineteen hun- dred and seventeen, entitled “An Act to authorize an addi- tional issue of bonds to meet expenditures for the na- tional security and defense, and, for the purpose of as- sisting in the prosecution of the war, to extend additional credit to foreign governments, and for other purposes,’” cited above. The other sections of said act amend Act April 24, 1917, c. 4, and Act Sept. 24, 1917, c. 56. See §§ 68291%, 6829ii, 6829.j, 6829k, 6829kk, 6829m, 68290-6829pp. § 6830. Bonds and certificates of indebted- ness payable in gold coin—Any bonds and certifi- Cates Of indebtedness Of the United States hereafter issued shall be payable, principal and interest, in United States gold coin of the present standard of value ; and that Such bonds may be issued in Such denomination as may be prescribed by the Secretary of the Treasury. (Feb. 4, 1910, c. 25, § 1, 36 Stat. 192.) - § 6831. Certificates of indebtedness; taxa- tion; expense of issue—Any Certificates of indebt- edness hereafter issued shall be exempt from all tax- es or duties of the United States (but, in the case of certificates issued after September first, nineteen hun- dred and seventeen, only if and to the extent pro- vided in Connection with the issue thereof), as well as from taxation in any form by or under State, municipal, or local authority ; and that a sum not exceeding one-tenth of one per Centum Of the amount of any certificates of indebtedness issued is hereby appropriated, out of any money in the Treasury not Otherwise appropriated, to pay the expenses of pre- paring, advertising and issuing the same. (Feb. 4, 1910, c. 25, § 2, 36 Stat. 192, amended, Sept. 24, 1917, c. 56, § 11, 40 Stat. 292.) TITLE XLIII—PUBLIC CONTRACTs Sec. 6832. Advertisements for proposals. 6832a. Selection and purchase of motor ambulances for Army Without advertisement. 6833. Advertisements ments in Washington; general - bonds of contractors; telephone and electric light and power service. - - - 6834. Purchases or services for Department of Agriculture. 6834a. Purchases of tree seed, cones, and nursery stock for national forests. 6835. Purchase of Indian supplies; chase of Indian products. 6835a. Amendment of §§ 6832, 6835. - 6836. Purchases or services for District of Columbia not ex- ceeding $25. - 6836a. Purchases of typewriting machines for schools of Dis- trict of Columbia, or Indian service. - 6836aa. Purchases or services outside District of Columbia not exceeding $50. - - - i 6837. Opening bids. - 6838. Inspection of fuel in District of Columbia; - Weighers and measurers. 6839. Inspectors, weighers and measurers; ment to accounting Officer. 6840. 6841. of Indian labor and pur- inspectors, notice of appoint- Same; no payments without certificate of. Contracts for transportation of moneys, and Securities. 6842. Contracts for military or naval service. 6843. Regulations for bids. 6844. Contracts for Army subsistence. 6845. Advertisements for supplies for Quartermaster’s De- partment. - 6846. Purchases of supplies for Quartermaster’s and Commis- sary Departments. - - 6847. Transportation of stores for Army by private parties. Purchases of horses for cavalry or artillery. 6849. Purchases of means of transportation by Quartermas- ter’s Department. * 6850. Purchases of medicines and medical supplies. 6851. Purchases of material for sacks for artillery cartridges. . Purchases of supplies for army departments and posts. 6853. Purchase of supplies and procurement of services for Army in open market. bullion, coin 6853a. Reduction of certain contracts to writing; regulations as to other contracts. 6853b. Contracts by Quartermaster General or officers of Quartermaster Corps. - 6853c. Contracts by Medical Department reduced to writing; regulations as to other contracts. 6854. Ordnance contracts; requirements. 6855. Same; special articles of ordnance property. 6856. Printing for Quartermaster’s Department. 6857. Transportation of supplies for Army or Navy. Separate proposals for works or material or labor. 6859. Contracts for material for public improvements. 6860. Contracts for fortifications and other works of defense. 6861. Purchases of steel by War Department. 6862. Contracts for naval supplies. 6863. Same; guarantee of bid. 6864. Same; certified check in lieu of guaranty. . Same; record of bid. 6866. Same; material for steam boilers. 6867. Same; gun steel or armor. 6868. Same; projectiles; emergency purchases abroad. 6869. Same; without advertisements. 6870. Same; tobacco. 6871. Same; , Supplies and services for naval service in open market. - 6872. Same; bids; rejection; opening. 6873. Same; foreign supplies. 6874. Same; rejection of excessive bids. 6875. Same; awards by items. - 6876. Same; hemp. 6877. Same; preserved meats. 6878. Same; flour and bread. 6878a. Same; use of reserve material. 6879. Same; home manufacturers preferred. Same; Vessels for transportation of fuel. Contracts for bunting. Contracts for Navy; deliveries. • . 6882. Same; partial payments during work. 6883. Same; name of contractor on supplies. 6884. Unauthorized contracts prohibited. No contracts or purchases unless authorized or under adequate appropriation. relinquishment of reservations on 6885a. Exchange of typewriters and adding machines in part payment for new machines. - 6886. No contract to exceed appropriation. Contracts for public buildings authorized within limit of cost fixed, though appropriations are in part only. 6888. Contracts limited to one year. - 6889. Restriction on purchases of land. 6890. No transfer of contract. 6891. No material or supplies manufactured by convict labor for Post-Office Department. and contracts for Executive Depart- supply committee; i. 6896. Same; Sec. 6892. Interest of member of Congress. 6893. Interest of agents and employés in Indian contracts. 6894. Deposit of contracts. - 6895. Contracts to be in writing. requirements not to apply to leases or hire of vessels for river and harbor improvements. " - 6897. Oath to contract. ... 6898. Omitting returns. 6899. InstructionS. § 6832. Advertisements for proposals-All purchases and contracts for supplies or Services in any of the Departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. When immediate delivery or perform- ance is required by the public exigency, the articles or service required may be procured by Open pur- chase or contract, at the places and in the manner in which such articles are usually bought and Sold, Or such services engaged, between individuals. (R. S. 3709. - - § º §§ 115, 579, 1982, 4279, 6835a, 6957-6966, 6970, 6996, 7187, 4 .” - 8. § 6832a. Selection and purchase of motor arm- bulances for Army without advertisement—The Secretary of War may in his discretion select types and makes of motor ambulances for the Army and authorize their purchase without regard to the laws prescribing advertisement for proposals for Supplies and material for the Army. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 364.) § 6833. Advertisements and contracts for Executive Departments, in Washington; gener- al supply committee; bomds of contractors; tel- ephone and electric light and power service— Hereafter all supplies of fuel, ice, stationery, and oth- er miscellaneous Supplies for the executive depart- ments and other government establishments in Wash- ington, when the public exigencies do not require the immediate delivery of the article, shall be ad- vertised and contracted for by the Secretary of the Treasury, instead of by the several departments and establishments, upon Such days as he may designate. There shall be a general supply committee in lieu of the board provided for in Section thirty-Seven hun- dred and nine of the Revised Statutes as amended, composed of officers, one from each such department, designated by the head thereof, the duties of which Committee shall be to make, under the direction of the Said Secretary, an annual schedule of required miscellaneous Supplies, to Standardize Such Supplies, eliminating all unnecessary grades and varieties, and to aid said Secretary in soliciting bids based upon formulas and Specifications drawn up by such experts in the Service Of the GOvernment as the Committee may see fit to call upon, who shall render whatever assistance they may require. The COmmittee shall aid said Secretary in securing the proper fulfillment of the contracts for such supplies, for which purpose the said Secretary shall prescribe, and all depart- ments Comply with, rules providing for Such examina- tion and tests of the articles received as may be necessary for such purpose; in making additions to the said schedule; in opening and considering the bids, and shall perform such other similar duties as he may assign to them: Provided, That the articles intended to be purchased in this manner are those in Common use by or suitable to the Ordinary needs of two or more such departments or establishments; but the said Secretary shall have discretion to amend the annual Common supply Schedule from time to time as to any articles that, in his judgment, can as well be thus purchased. In all cases only one bond for the proper performance of each contract shall be required, notwithstanding that supplies for more [Page 1098] Tit. 43) 3 6842 PUBLIC CONTRACTS [Page 1099] than one department or government establishment are included in such contract. Every purchase or draw- ing of such supplies from the contractor shall be immediately reported to said committee. No disburs- ing Officer shall be a member of Such Committee. No department Or establishment shall purchase Or dra W Supplies from the Common Schedule through more than one office or bureau, except in case of detached bureaus or offices having field or outlying service, which may purchase directly from the contractor with the permission of the head of their department: And provided further, That telephone service, electric light, and power Service purchased or contracted for from companies or individuals shall be so obtained by him. (June 17, 1940, c. 297, § 4, 36 Stat. 531.) § 6834. Purchases or services for Depart- ment of Agriculture—Hereafter section thirty-Sev- en hundred and nine of the Revised Statutes of the United States shall not be construed to apply to any purchase or Service rendered in the Department Of Agriculture when the aggregate amount involved does not exceed the sum of fifty dollars. (March 1, 1899, c. 325, 30 Stat. 957.) R. S. § 3709, is § 6832. § 6834a. Purchases of tree seed, cones, and nursery stock for national forests—For the pur- chase of tree seed, cones, and nursery stock, for Seed- ing and tree planting within national forests, and for experiments and investigations necessary for Such seeding and tree planting, $165,640: Provided, That hereafter the Secretary of Agriculture may procure such seed, cones, and nursery stock by Open purchase, without advertisements for proposals, whenever in his discretion such method is most economical and in the public interest and when the cost thereof will not exceed $500. (June 30, 1914, c. 131, 38 Stat. 429.) § 6835. Purchase of Indian supplies; Indian labor and purchase of Indian products—Hereafter the purchase of Indian supplies shall be made in COn- formity with the requirements of section thirty-seven hundred and nine of the Revised Statutes of the Unit- ed States: Provided, That so far as may be practica- ble Indian labor shall be employed, and purchases of the products of Indian industry may be made in Open market in the discretion of the Secretary of the Interior. All Acts and parts of Acts in COnflict with the provisions of this section are hereby repealed. (June 25, 1910, c. 431, § 23, 36 Stat. 861.) R. S. § 3709, is § 6832. And see § 6835a. § 6835a. Amendment of §§ 6832, 6835–Sec- tion thirty-seven hundred and nine, Revised Statutes, in so far as that section requires that advertisement be made, shall apply only to those purchases and Con- tracts for supplies or services, except personal Serv- ices, for the Indian field service which exceed in amount the sum of $50 each, and section twenty-three Of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes at Large, page eight hundred and sixty-one), is hereby amended acCOrding- ly. (May 18, 1916, c. 125, § 1, 39 Stat. 126.) § 6836. Purchases or serviees for District of Columbia, not exeeeding $25—Hereafter section thirty-seven hundred and nine of the Revised Stat- utes of the United States shall not be construed to apply to any purchase or service rendered for the District of Columbia when the aggregate amount in- Wolved does not exceed the sum of twenty-five dol- lars. (March 2, 1911, c. 192, 36 Stat. 975.) R. S. § 3709, is § 6832. § 6836a. Purchases of typewriting machines for schools of District of Columbia or Indian service—No part of any money appropriated by this or any other Act shall be used during the fiscal year nineteen hundred and seventeen for the purchase of any type Writing machine at a price in excess of the lowest price paid by the Government of the United States for the same make and substantially the same model of machine during the fiscal year nineteen hundred and fifteen ; such price shall include the Value of any typewriting machine or machines given in exchange, but shall not apply to special prices granted on typewriting machines used in schools of the District of Columbia or of the Indian Service, the lowest of which special prices paid for typewriting machines shall not be exceeded in future purchases for Such schools: Providing, That in construing this Section the Commissioner of Patents shall advise the Comptroller of the Treasury as to whether the chang- es in any typewriter are of such structural character as to Constitute a new machine not within the limita- tions of this section. (May 10, 1916, c. 117, § 4, 39 Stat. 120.) § 6836aa. Purchases or services outside Dis- trict of Columbia not exceeding $50—Hereafter the purchase Of Supplies or the procurement Of Serv- ices Outside the District of Columbia may be made in Open market in the manner common among business men when the aggregate amount of the purchase does not exceed $50. (June 12, 1917, c. 27, § 1, 40 Stat. 144.) - § 6837. Opening bids—Whenever proposals for Supplies have been solicited, the parties responding to Such Solicitation shall be duly notified of the time and place Of Opening the bids, and be permitted to be present either in person or by attorney, and a rec- ord of each bid shall then and there be made. (R. S. § 3710.) § 6838. lumbia; Inspection of fuel in District of Co- inspectors, weighers and measurers—It Shall not be lawful for any officer or person in the Civil, military, or naval service of the United States in the District of Columbia to purchase anthracite Or bituminous coal or wood for the public service ex- Cept on condition that the same shall, before deliv- ery, be inspected and weighed or measured by some COmpetent person, to be appointed by the head of the Department Or chief of the branch of the Service for which the purchase is made from among the per- Sons authorized to be employed in such Department Or branch Of the service. The person appointed un- der this Section shall ascertain that each ton Of Coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard meas- ure of One hundred and twenty-eight Cubic feet. Each load or parcel of wood Or Coal weighed and measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or par- cel. (R. S. § 3711, amended, March 2, 1895, c. 177, § 6, 28 Stat. 808, March 15, 1898, c. 68, § 6, 30 Stat. 316.) § 6839. Inspectors, weighers, and measurers; notice of appointment to accounting officer—The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each in- spector, weigher, and measurer appointed under the preceding section. (R. S. § 3712.) § 6840. Same; payments without certificate of—It shall not be lawful for any accounting Officer to pass or allow to the Credit of any disbursing Officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. (R. S. § 3713.) § 6841. Contracts for transportation of mon- eys, bullion, coin and securities—Hereafter when- ever it is practicable contracts for the transportation of moneys, bullion, Coin, notes, bonds, and other Se- curities of the United States, and paper shall be let to the lowest responsible bidder therefor, after notice to all parties having means of transportation. .(July 7, 1884, c. 332, § 1, 23 Stat. 204.) § 6842. Contracts for military or naval serve- ice–All purchases and Contracts for supplies or serv- ices for the military and naval service shall be made by or under the direction of the Chief Officers of the Departments of War and of the Navy, respectively. 3 6843 (Tit. 43 PUBLIC CONTRACTs [Page 1100I And all agents or contractors for Supplies or service aS aforesaid shall render their accounts for Settle- ment to the accountant of the proper department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before pre- scribed. (R. S. § 3714, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) - § 6843. Regulations for bids—The Secretary of War is hereby authorized to prescribe rules and regu- lations to be observed in the preparation and submis- Sion and Opening of bids for contracts under the War Department. And he may require every bid to be accompanied by a written guarantee, signed by One or more responsible persons, to the effect that he or they undertake that the bidder, if his bid is ac- Cepted, Will, at such time as may be prescribed by the Secretary of War or the officer authorized to make a contract in the premises, give bond, with good and sufficient sureties, to furnish the Supplies pro- posed or to perform the service required. If after the acceptance of a bid and a notification thereof to the bidder he fails within the time prescribed by the Secretary of War or other duly authorized officer to enter into a COntract and furnish a bond with good and sufficient security for the proper fulfillment of its terms, the Secretary Or other authorized Officer shall proceed to contract with some other person to fur- nish the supplies or perform the service required, and shall forth with cause the difference between the amount specified by the bidder in default in the pro- posal and the amount for which he may have con- tracted with another party to furnish the supplies or perform the service for the whole period of the proposal to be Charged up against the bidder and his guarantor or guarantors, and the sum may be immediately recovered by the United States for the use of the War Department in an action of debt against either or all of such persons. (April 10, 1878, c. 58, 20 Stat. 36, amended, March 3, 1883, c. 120, 22 Stat. 487.) . § 6844. Contracts for Army subsistence—Con- tracts for subsistence supplies for the Army, made by the Commissary-General, on public notice, shall pro- vide for a complete delivery of such articles, on in- spection, at such places as shall be stipulated. (R. S. § 3715) § 6845. Advertisements for supplies for Quartermaster’s Department—The Quartermaster’s Department of the Army, in obtaining supplies for the military Service, Shall state in all advertisements for bids for contracts that a preference shall be given to articles of domestic production and manufacture, conditions Of price and quality being equal, and that Such preference shall be given to articles of American production and manufacture produced on the Pacific coast, to the extent of the consumption required by the public service there. In advertising for Army sup- plies the Quartermaster's Department shall require all articles which are to be used in the States and Territories Of the Pacific COast to be delivered and inspected at points designated in those States and Territories; and the advertisements for such sup- plies shall be published in newspapers of the cities of San Francisco, in California, and Portland, in Ore- gon. (R. S. § 3716.) § 6846. Purchases of supplies for Quarter- master’s and Commissary Departments—Hereafter all purchases of regular and miscellaneous supplies for the Army furnished by the Quartermaster’s De- partment and by the Commissary Department for im- mediate use shall be made by the Officers of Such Department, under direction of the Secretary of War, at the places nearest the points where they are needed, the conditions of cost and quality being equal: Provided also, That all purchases of said supplies, except in cases of emergency, which must be at Once reported to the Secretary of War for his approval, shall be made by contract after public notice of not Secretary of War for his approval. less than ten days for Small amounts for immediate use, and of not less than from thirty to sixty days Whenever, in the Opinion of the Secretary of War, the Circumstances of the case and conditions of the Service shall warrant such extension of time. The a Ward in every case shall be made to the lowest re- Sponsible bidder for the best and most suitable ar- ticle, the right being reserved to reject any and all bids. (July 5, 1884, c. 217, 23 Stat. 109.) § 6847. Transportation of stores for Army by private parties—All transportation of stores by pri- Vate parties for the Army shall be done by contract, after due legal advertisement, except in cases of emergency, which must be at Once reported to the (July 5, 1884, c. 217, 23 Stat. 109.) § 6848. Purchases of horses for cavalry or artillery—Hereafter all purchases of horses under appropriations for horses for the Cavalry and ar- tillery and for the Indian scouts shall be made by COntract, after legal advertisement, by the Quarter- Imaster’s Department, under instructions of the Sec- retary Of War, the horses to be inspected under the Orders of the General commanding the Army; and no horse shall be received and paid for until duly in- spected. (July 5, 1884, c. 217, 23 Stat. 109.) § 6849. Purchases of means of transporta- tion by Quartermaster’s Department—Hereafter all purchases of horses, mules, or Oxen, Wagons, carts, drays, ships and other seagoing vessels, also all other means of transportation, shall be made by the Quartermaster’s Department, by COntract, after due legal advertisement except in Cases Of extreme emer- gency. (July 5, 1884, c. 217, 23 Stat. 110.) § 6850. Purchases of medicines and medical supplies—Hereafter SO much of section thirty-Seven hundred and nine, Revised Statutes, as requires ad- vertisement before purchase shall not apply to the purchase of medicines and medical supplies. (Feb. 27, 1893, c. 168, 27 Stat. 485.) - - § 6851. Purchases of material for sacks for artillery cartridges—When, in the opinion of the Secretary of War, it is necessary to purchase mate- rial abroad for the manufacture of sacks for artillery cartridges, it shall be admitted free of duty. (March 15, 1898, c. 69, 30 Stat. 326.) § 6852. Purehases of supplies for army de- partments and posts—Hereafter, except in cases of emergency or where it is impracticable to Secure competition, the purchase of all supplies for the use of the various departments, and posts of the Army and of the branches of the army service shall Only be made after advertisement, and shall be purchas- ed where the same can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered. (March 2, 1901, C. S03, 31 Stat. 905.) § 6853. Purchase of supplies and procurement of services for Army in open market—Hereafter the purchase of supplies and the procurement of Serv- ices for all branches of the Army service may be made in open market, in the manner common among busi- ness men, when the aggregate of the amount required does not exceed five hundred dollars; but every Such purchase exceeding one hundred dollars shall be promptly reported to the Secretary of War for approv- al, under such regulations as he may prescribe. (June 12, 1906, c. 3078, 34 Stat. 258.) § 6853a. Reduction of certain contracts to writing; regulations as to other contracts—Here- after whenever contracts which are not to be perform- ed within sixty days are made on behalf of the GOV- ernment by the Chief Signal Officer, or by Officers of the Signal Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be re- duced to writing and signed by the contracting parties. In all other cases contracts shall be entered into un- der such regulations as may be prescribed by the Chief Tit. 43) 3 6863 PUBLIC CONTRACTS [Page 11011 Signal Officer. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 622. . § 'assan. Contracts by Quartermaster General or officers of Quartermaster Corps-Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Govern- ment by the Quartermaster General, or by Officers of the Quartermaster Corps authorized to make them, and are in excess of $500 in amount, such Contracts shall be reduced to writing and signed by the contract- ing parties. In all other cases contracts shall be en- tered into under such regulations as may be prescrib- ed by the Quartermaster General. (March 4, 1915, C. 143, § 1, 38 Stat. 1078.) - § 6853e. reduced to writing; regulations as to other con- tracts—Hereafter, whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Surgeon General or by Offi- cers of the Medical Department authorized to make them, and are in excess of $500 in amount, Such Con- tracts shall be reduced to writing and signed by the contracting parties, but in all other cases Contracts shall be prepared under such regulations as may be prescribed by the Surgeon General. (Aug. 29, 1916, c. 418, § 1, 39 Stat. 639.) - - § 6854. Ordnance contracts; requirements- Ordnance contracts: Hereafter whenever Contracts which are not to be performed within sixty days are made on behalf of the Government by the Chief. Of Ordnance, or by officers under him authorized to make them, and are in excess of five hundred dollars in amount, such contracts shall be reduced to Writing and signed by the contracting parties with their names . at the end thereof. In all other cases Contracts Shall be prepared under such regulations as may be pre- scribed by the Chief of Ordnance. (March 23, 1910, c. 115, 36 Stat. 261.) § 6855. Same; special articles of ordnance property—Whenever proposals are invited for the furnishing of articles of Ordnance property, the Char- acter of which or the ingredients thereof are of Such a nature that the interests of the public service Would be injured by publicly divulging them, the Chief Of Ordnance is authorized to purchase such articles in such manner as he may deem most economical and ef- ficient. (May 11, 1908, c. 163, 35 Stat. 125.) § 6856. Printing for quartermaster’s Depart- - ment—No part of the appropriations for the Quarter- master Corps shall be expended on printing unless the same shall be done at the Government Printing Office, or by contract after due notice and competition, ex- cept in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the purchase of material and hire of the necessary labor for the purpose. (March 28, 1918, c. 28, § 1, 40 Stat.) § 6857. Transportation of supplies for Army or Navy—Wessels of the United States, or belonging to the United States, and no others, shall be employed in the transportation by sea of coal, provisions, fod- der, or supplies of any description, purchased pursu- ant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable, in which case GOntracts Shall be made under the law as it now exists: Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for pri- vate parties or companies. (April 28, 1904, c. 1766, § 1, 33 Stat. 518.) § 6858. Separate proposals for works or ma- terial or labor—Whenever the Secretary of War in- Vites proposals for any works, or for any material or labor for any works, there shall be separate pro- posals and separate contracts for each work, and also Contracts by Medical Department for each class of material or labor for each work. (R. S. § 3717.) - § 6859. Contracts for material for public imi- provements—In all contracts for material for any public improvement, the Secretary of War shall give preference to American material; and all labor there- On shall be performed within the jurisdiction of the United States. (March 3, 1875, c. 133, § 2, 18 Stat. 455.) -. § 6860. Contracts for fortifications and other works of defense—It shall be the duty Of the Secre- tary of War to apply the money herein and hereafter appropriated for fortifications and other WOrks Of defense, in carrying on the various works, by Con- tract or otherwise, as may be most economical and advantageous to the Government. Where said works are done by contract, such contract shall be made after sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall preSCribe; and Such Contracts Shall be made With the lowest responsible bidders, accompanied by such Se- curities as the Secretary of War shall require, Condi- tioned for the faithful prosecution and completion of the work according to such contract. (June 25, 1906, c. 3540, 34 Stat. 463.) - § 6861. Purchases of steel by War Depart- ment—No contract for the expenditure of any por- tion of the money herein provided, or that may be hereafter provided for the purchase of steel shall be made until the same shall have been Submitted to pub- lic competition by the Department by advertisement. (Feb. 24, 1891, c. 283, § 1, 26 Stat. 769.) § 6862. Contracts for naval supplies—All pro- visions, clothing, hemp, and Other materials of every name and nature, for the use of the Navy, and the transportation thereof, when time will permit, shall be furnished by contract, by the lowest bidder, as fol- lows: In the case of provisions, clothing, hemp, and other materials, the Secretary of the Navy shall ad- vertise, twice a week for two weeks or longer, not to exceed four weeks, or Once a week for two weeks or longer, not to exceed four weeks, in the discretion of the Secretary of the Navy, in one or more of the prin- Cipal papers published in the place where such arti- cles are to be furnished, for sealed proposals for fur- nishing the same, or the whole of any particular class thereof, specifying the classes of materials and refer- ring bidders to the several chiefs of Bureaus, who will furnish them with printed schedules, giving a full description of each and every article, with dates of delivery, and so forth. In the case of transporta- tion of such articles, he shall advertise for a period of not less than five days. All such proposals shall be kept sealed until the day specified in such adver- tisement for Opening the same, when they shall be Opened by Or under the direction of the Officer making Such advertisement, in the presence of at least two persons. The person offering to furnish any class Of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not ex- ceeding twice the contract price in case of failure, shall receive a contract for furnishing the same. (R. S. § 3718, amended, June 30, 1890, c. 640, § 1, 26 Stat. 189, July 19, 1892, c. 206, § 1, 27 Stat. 243, and March 3, 1893, c. 212, § 1, 27 Stat. 715.) § 6863. Same; guarantee of bid—Every propos- al for naval Supplies invited by the Secretary of the Navy, under the preceding Section, shall be accompa- nied by a written guarantee, signed by one or more responsible persons, to the effect that he or they un- dertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of the Navy, give bond, with good and sufficient sure- ties, to furnish the supplies proposed; and no pro- posal shall be considered, unless accompanied by such guarantee. If, after the acceptance of a proposal, and a notification thereof to the bidder, he fails to give such bond within the time prescribed by the Secretary Of the Navy, the Secretary shall proceed to contract 3 6864 (Tit. 43 PUBLIC CONTRACTS with some other person for furnishing the Supplies ; and shall forthwith cause the difference between the amount contained in the proposal so guaranteed and the amount for which he may have contracted for fur- nishing the Supplies, for the whole period of the pro- posal, to be charged up against the bidder and his guarantor; and the same may be immediately re- covered by the United States, for the use of the Navy Department, in an action of debt against either Or all of such persons. (R. S. § 3719, amended, May 25, 1896, c. 239, 29 Stat. 136.) § 6864. Same; certified check in lieu of guar- anty–The Secretary of the Navy may, in his dis- cretion, accept, in lieu of the written guaranty re- quired to accompany a proposal for naval Supplies, and in lieu of the bond required for the faithful per- formance of a contract for furnishing such supplies, a certified check, payable to the order of the Secre- tary of the Navy, for from twenty-five to fifty per cen- tum of the amount of such proposal or contract, the check to be held by the Secretary of the Navy until the requirements of the proposal or contract Shall be complied with and as a guaranty for compliance With the same. (Dec. 11, 1906, c. 1, 34 Stat. 841.) § 6865. Same; record of bid—All such proposals for naval supplies shall be preserved and recorded. In case of a failure to supply the articles Or to per- form the work by the person entering into such con- tract, he and his sureties shall be liable for the for- feiture specified in such contract, as liquidated dam- ages, to be sued for in the name of the United States. (R. S. § 3720, amended, June 22, 1910, c. 331, 36 Stat. 591.) . § 6866. Same; material for steam boilers- That on and after the passage of this act, the Sec- retary of the Navy be, and he is hereby authorized to purchase at the lowest market price, such plate iron and other material as may enter into the construction of steam boilers for the Navy without advertising for bids to furnish the same: Provided, That he shall cause to be sent to the principal dealers and manu- facturers of iron and such other materials as may be required specifications of the quality, description and character of such iron and materials so required: And provided further, That such plate iron and ma- terials shall be subjected to the same tests and in- spection as now provided for and which inspection and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof. (June 14, 1878, No. 30, 20 Stat. 253.) & § 6867. Same; gun steel or armor–No Con- tract for the purchase of gun steel Or armor for the Navy shall hereafter be made until the subject-matter of the same shall have been Submitted to public Com- petition by the Department by advertisement. (March 3, 1893, c. 212, § 1, 27 Stat. 732.) § 6868. Same; projectiles; emergency pur- chases abroad—Hereafter no part of any appropria- tion shall be expended for the purchase of Shells Or projectiles for the Navy except for shells or projectiles purchased in accordance with the terms and condi- tions of proposals submitted by the Secretary of the Navy to all the manufacturers of shells and projectiles and upon bids received in accordance with the terms and requirements of such proposals: Provided, That this restriction shall not apply to purchases of Shells or projectiles of an experimental nature or to be used for experimental purposes and paid for from the ap- propriation “Experiments, Bureau of Ordnance”: Pro- vided, That hereafter the Secretary of the Navy is hereby authorized to make emergency purchases of War material abroad : And provided further, That when such purchases are made abroad, this material shall be admitted free of duty. (June 30, 1914, c. 130, 38 Stat. 398.) - § 6869. Same; without advertisements—The provisions which require that Supplies shall be pur- IPage 1102I chased by the Secretary of the Navy from the lowest bidder, after advertisement, shall not apply to Ord- nance, gunpowder, or medicines, or the Supplies Which it may be necessary to purchase out of the United States for vessels on foreign stations, or bunt- ing delivered for the use of the Navy, or tobacco, or butter or cheese destined for the use of the Navy, or things contraband of war. Contracts for butter and cheese for the use of the Navy may be made for pe- riods longer than one year, if, in the opinion of the Secretary of the Navy, economy and the quality of the ration will be promoted thereby. The Secretary Of the Navy may enter into contracts for tobacco, from time to time, as the service requires, for a period not exceeding four years; and in making such contracts he shall not be restricted to the low- est bidder, unless, in his opinion, economy and the best interest of the service will be thereby promoted. (R. S. § 3721.) § 6870. Same; tobacco–The Secretary of the Navy is hereby authorized and directed to cause ad- vertisement to be made for tobacco for the use of the Navy, as the needs of the service may require, in the manner prescribed by law for other supplies. Bidders shall submit with their proposals a sample Of the tobacco which they propose to furnish, and the contract shall, in the discretion of the Department, be awarded to the bidder whose sample is found by a board Of Officers to be best adapted for use in the TNavy. (June 10, 1896, c. 399, § 1, 29 Stat. 370.) § 6871. Same; supplies and services for naval service in open market—Hereafter the purchase of Supplies and the procurement Of Services for all branches of the naval service may be made in open market in the manner Common among business men, Without formal contract Or bond, when the aggre- gate of the amount required does not exceed five hun- dred dollars, and when, in the Opinion of the proper administrative Officers, such limitation of amount is not designed to evade purchase under formal contract Or bond, and equally or more advantageous terms can hº be secured. (March 2, 1907, c. 25.12, 34 Stat. § 6872. Same; bids; rejection; opening—The chief of any Bureau of the Navy Department, in con- tracting for naval supplies, shall be at liberty to reject the Offer of any person who, as principal or Surety, has been a defaulter in any previous con- tract with the Navy Department. Parties who have made default as principals or sureties in any former contract shall not be received as sureties on other contracts; nor shall the copartners of any firm be received as Sureties for such firm or for each other ; nor, in COntracts with the same Bureau, shall One Con- tractor be received as surety for another. Every contract shall require the delivery of a specified quan- tity, and no bids having nominal Or fictitious prices Shall be considered. If more than One bid be Offered by any one party, by or in the name of his or their clerk, partner, or other person, all Such bids may be rejected ; and no perSOn Shall be received as a Con- tractor who is not a manufacturer of, or regular deal- er in, the articles which he offers to supply. All per- sons offering bids shall have the right to be present when the bids are opened and inspect the same. (R. S. § 3722.) - § 6873. Same; foreign supplies—No chief of a Bureau shall make any contract for Supplies for the Navy, to be executed in a foreign Country, except it be on first advertising for at least thirty days in two daily newspapers of the city of New York, inviting sealed bids for furnishing the supplies desired ; which bids shall be Opened in the presence of the Secretary of the Navy and the heads of two Bureaus; and con- tracts shall in all cases be awarded to the lowest bid- der; and paymasters for the Navy. On foreign stations shall render, when practicable, with their accounts, an official certificate from the resident Consul, or Tit. 43) & 6887 PUBLIC CONTRACTS IPage 1103I commercial or consular agent of the United States, if there be one, to be furnished gratuitously, vouching that all purchases and expenditures made by the pay- masters were made at the ruling market-prices of the place at the time of purchase or expenditure. (R. S. § 3723.) § 6874. Same; rejection of excessive bids- Where articles are advertised and bid for in Classes, and in the judgment of the Secretary of the Navy any one or more articles appear to be bid for at eXceS- sive or unreasonable prices, exceeding ten per Centum above their fair market-value, he shall be authorized to reject such bid. (R. S. § 3724.) § 6875. Same; awards by items—From and aft- er the passage of this Act all awards of contracts for provisions for the Navy shall be made by individual items; the contract for each item being awarded to the lowest responsible bidder. (March 4, 1913, c. 148, 37 Stat. 904.) t § 6876. Same; hermp-All hemp, or preparations of hemp, used for naval purposes by the Government of the United States, shall be of American growth or manufacture, when the same can be obtained Of as good quality and at as low a price as foreign hemp. (R. S. § 3725.) § 6877. Same; preserved meats—The Secretary of the Navy is authorized to procure the preserved meats, pickles, butter, and desiccated vegetables, in Such manner and under such restrictions and guar- antees as in his opinion will best insure the good quality of said articles. (R. S. § 3726.) . § 6878. Same; flour and bread—The Secretary of the Navy is authorized to purchase, in such manner as he shall deem most advantageous to the Govern- ment, the flour required for naval use; and to have the bread for the Navy baked from this flour by spe- Cial contract under naval inspection. (R. S. § 3727.) § 6878a. Same; use of reserve material-TO prevent deterioration materials purchased under the reserve material Navy fund shall be used as required in time of peace, and when so used reimbursement shall be made to this appropriation from Current naval appropriations in order that additional stocks may be procured. (June 15, 1917, c. 29, § 1, 40 Stat. 211.) - - s * § 6879. Same; home manufactures preferred —The Secretary of the Navy, in making contracts and purchases of articles for naval purposes, shall give the preference, all other things, including price and quality, being equal, to articles of the growth, production, and manufacture of the United States. In purchasing fuel for the Navy, or for naval stations and yards, the Secretary of the Navy shall have pow- er to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used. (R. S. § 3728.) } § 6879a. Same; vessels for transportation of fuel—When, in the Opinion of the President, the pric- es asked for the charter of vessels for the transpor- tation of fuel are excessive, he is authorized to pur- Chase vessels suitable for the purpose and, if money is not otherwise available, to pay for them from the appropriation “Fuel and transportation.” (June 15, 1917, c. 29, § 1, 40 Stat. 211.) § 6880. Contracts for bunting—The Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury may enter into Contract, in Open market, for bunting of American manufacture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported. (R. S. § 3729.) § 6881. Contracts for Navy; relinquishment of reservations on deliveries—The Secretary of the Navy may relinquish and pay all reservations of the ten per centum upon deliveries made under contracts with the Navy Department, where these reservations have arisen and the contracts have been afterward extended, or where the contracts have been Complet- ed after the time of delivery, by and with the COn- sent of the Department, or where the contracts have been dissolved by the like consent, or have been terminated, or an extension thereof has been pre- vented by operation of law, where no injury has been sustained by the public service. (R. S. § 3730.) § 6882. Same; partial payments during work —That the Secretary of the Navy be, and he hereby is, authorized, in his discretion, to make partial pay- ments from time to time during the progress Of the work under existing contracts and all contracts here- after made under the Navy Department for public purposes, but not in excess of the value of Work al- ready done; and the contracts hereafter made shall provide for a lien in favor of the Government, which lien is hereby made paramount to all other liens, up- On the articles or thing contracted for on account Of all payments so made: Provided, That partial pay- ments shall not be made under such contracts except where stipulated for, and then only in accordance with contract provisions. (Aug. 22, 1911, c. 42, 37 Stat. 32.) - § 6883. Same; name of contractor on supplies —Every person who shall furnish Supplies of any kind to the Army or Navy shall be required to mark and distinguish the same with the name of the con- tractor furnishing such supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct ; and no supplies of any kind shall be received, unless so marked and distinguished. (R. S. § 3731.) - . § 6884. Unauthorized contraets prohibited— No contract or purchase on behalf of the United States Shall be made, unless the same is authorized by law. Or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year. (R. S. § 3732.) § 6885. No contracts or purchases unless au- - thorized or under adequate appropriation—NO contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfill- ment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, trans- portation, Or medical and hospital Supplies, which, however, shall not exceed the necessities Of the cur- rent year. (June 12, 1906, c. 3078, 34 Stat. 255.) § 6885a. Exchange of typewriters and adding machines in part payment for new machines- The executive departments and other Government establishments and all branches of the public service may hereafter exchange typewriters, adding machines, and other similar labor saving devices in part pay- ment for new machines used for the Same purpose as those proposed to be exchanged. There shall be sub- mitted to Congress, on the first day of the session following the close of each fiscal year, a report show- ing, as to each exchange hereunder, the make of the article, the period of its use, the allowance therefor, and the article, make thereof, and price, including ex- change value paid or to be paid for each article procur- ed through such exchange. (March 4, 1915, c. 147, § 5, 38 Stat. 1161.) § 6886. No contract to exceed appropriation— No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Govern- ment to pay a larger sum of money than the amount in the Treasury appropriated for the Specific purpose. (R. S. § 3733.) § 6887. Contracts for public buildings au- thorized within limit of cost fixed, though ap- propriations are in part only—That hereafter in all cases where appropriations are made in part Only & 6888 (Tit. 43 PUBLIC CONTRACTS for carrying into effect the provisions of legislation authorizing the acquisition of land for sites or for the enlargement of sites for public buildings, Or for the erection or remodeling, extension, alteration, and re- pairs of public buildings, the Secretary of the Treas- ury, unless Otherwise Specifically directed, be, and he is hereby, authorized and empowered to enter into Contracts within the full limit of cost fixed by Con- gress therefor. (May 30, 1908, c. 228, § 34, 35 Stat. 545.) - - § 6888. Contracts limited to one year—It shall not be lawful for any of the Executive Departments to make contracts for Stationery or other supplies for a longer term than one year from the time the Contract is made. (R. S. § 3735.) § 6889. Restriction on purchases of land—No land shall be purchased on account of the United States, except under a law authorizing such purchase. (R. S. § 3736.) - § 6890. No transfer of contract.—No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, SO far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States. (R. S. § 3737.) (R. S. § 3738. Superseded.) This section provided that eight hours should consti- tute a day’s work for all laborers, workmen, and me- chanics employed by or on behalf of the Government of the United States. It was superseded by the more com- prehensive provisions of the same nature of Act Aug. 1, 1892, c. 352 (§§ 8918–8920). - • § 6891. No material or supplies manufactured by convict labor for Post-Office Department— Hereafter no contract shall be entered into by the Post-Office Department for purchase of material or Supplies to be manufactured by convict labor. (April 28, 1904, c. 1759, § 1, 33 Stat. 435.) (R. S. §§ 3739, 3740. Repealed.) R. S. § 3739, made it unlawful for any member of or delegate to Congress to be interested in any contract with the United States, or officer thereof, R. S. § 3740, provided that the preceding Section should not extend to contracts made With an incorporated company for the general ben- efit of the company, nor to the purchase or sale of bills of exchange or other property by any member of or del- egate to Congress where the same were ready for delivery and payment was made at the time of entering into the contract. These sections were incorporated into the Crim- inal Code, in sections 114, 116 thereof (§§ 10284, 10286), and were repealed by section 341 thereof (§ 10515). . § 6892. Interest of member of Congress—In every such contract or agreement to be made or en- tered into, Or accepted by or On behalf of the United States, there shall be inserted an express condition that no member of or delegate to Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon. (R. S. § 3741, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.) . . (R. S. § 3742. Repealed.) This section imposed a penalty upon every officer who, on behalf of the United States, should enter into any con- tract with any member of or delegate to Congress. It was incorporated into the Criminal Code, in section 115 thereof (§ 10285), and was repealed by section 341 thereof (§ 10515). - . - § 6893. Interest of agents and employés in Indian contracts—No agent or employee of the TJnited States Government or of any of the Depart- ments thereof, while in the service of the Govern- ment, shall have any interest, directly or indirectly, Contingent Or absolute, near Or remote, in any COn- tract made, or under negotiation, with the Govern- ment or with the Indians, for the purchase or trans- portation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for | [Page 11041 the purpose of enabling such person to obtain the Same. The violation of any of the provisions of this Section Shall be a misdemeanor, and shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, and by removal from Office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprison- ment of not more than six months. (June 22, 1874, c. 389, § 10, 18 Stat. 177.) § 6894. Deposit of contracts—All contracts to be made, by virtue of any law, and requiring the ad- Vance of money, Or in any manner connected with the Settlement of public accounts, shall be deposited promptly in the Offices of the Auditors of the Treas- ury, according to the nature of the contracts: Pro- Vided, That this section shall not apply to the exist- ing laws in regard to the contingent funds of Congress. (R. S. § 3743, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 249, and July 31, 1894, c. 174, § 18, 28 Stat. 210.) § 6895. Contracts to be in writing—It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to Cause and require every contract made by them Severally on behalf of the Government, or by their Officers under them appointed to make such contracts, to be reduced to Writing, and signed by the contract- ing parties with their names at the end thereof; a Copy of which shall be filed by the Officer making and Signing the contract in the Returns Office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, together With all bids, offers, and proposals to him made by perSons to obtain the same, and with a copy of any advertisement he may have published inviting bids, Offers, or proposals for the same. All the copies and paperS in relation to each contract shall be attached together by a ribbon and Seal, and marked by num- bers in regular Order, according to the number of papers composing the whole return. Provided, That the Secretary of War or the Secretary of the Navy Imay extend the time for filing such contracts in the returns office of the Department of the Interior to ninety days whenever in their opinion it would be to the interest of the United States to follow Such a Course. (R. S. § 3744, amended, June 15, 1917, c. 29, § 1, 40 Stat. 198.) - - - § 6896. Same; requirements not to apply to leases or hire of vessels, for river and harbor im- provements—The requirements of Section thirty- Seven hundred and forty-four of the Revised Statutes Shall not apply to the lease of lands, or easements therein, or of buildings, rooms, wharves, or rights of wharfage or dockage, or to the hire of vessels, boats, and other floating craft, for use in connection with river and harbor improvements, where the period Of any such lease or hire is not to exceed three months. (June 25, 1910, c. 382, § 5, 36 Stat. 676.) § 6897. Oath to contract—It shall be the fur- ther duty of the officer, before making his return, ac- COrding to the preceding section, to affix to the same his affidavit in the following form, sworn to before SOme magistrate having authority to administer Oaths: “I do solemnly swear (or affirm) that the copy of con- tract hereto annexed is an exact copy of a contract made by me personally with ; that I made the same fairly without any benefit or advantage to my- self, or allowing any such benefit or advantage cor- ruptly to the said , Or any other person; and that the papers accompanying include all those relat- ing to the said Contract, as required by the statute in such case made and provided.” (R. S. § 3745.) § 6898. Ornitting returns—Every officer who makes any contract, and fails or neglects to make return of the same, according to the provisions of the two preceding sections, unless from unavoidable ac- cident or causes not within his control, shall be deem- ed guilty of a misdemeanor, and shall be fined not less Tit. 43A) 3 6903 PUBLIC BUILDINGS AND WORKS IIPage 1105] than one hundred dollars nor more than five hundred, and imprisoned not more than six months. (R. S. § 3746.) § 6899. Instructions—It shall be the duty of the Secretary of War, of the Secretary of the Navy, and Of the Secretary Of the Interior to furnish every Officer appointed by them with authority to make con- tracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such Officer, under the two preceding sections, and also to furnish therewith forms, printed in blank, of Con- tracts to be made, and the affidavit of returns re- quired to be affixed thereto, so that all the instruments may be as nearly uniform as possible. (R. S. § 3747.) TITLE XLIII A–PUBLIC 6900. Building sites; selection. 6901. Same; purchase or condemnation. Same; acquisition in certain cities and towns; Of requirement. 6902. Title to land to be purchased by United States. 6903. Erection of forts in cases of emergency. Purchase of land for Ordnance Department. . Legal services by district attorneys; abstracts of titlé. 6905. Restrictions on buildings; payments or contracts for º approval of sketch plans; changes; limit of COSº. 6906. Acts authorizing purchase of sites not construed to ap- propriate money. 6907. Commissions on purchases of sites; payment for sites. 6908. Alterations or work on Treasury Building. 6909. Condemnation of sites; jurisdiction. 6910. Same; procedure. , 6911. Same; fortifications and coast defenses; donations. Same; fortifications, coast defenses, military training Waiver purchases and Camps, nitrate plants, explosives and munitions plants; purchases and donations; R. S. § 355 sus- pended. 6912. Sites for fortifications to include land for barracks and quarters for artillery troops. 6913. Site for Government Printing Office. 6914. Same; purchase; procedure; acquisition of other lands in District of Columbia. 6915. Plans for buildings under Executive Departments. 6916. Plans for public buildings. 6917. Plans not to be approved until selection of site. 6918. Restriction on future authorizations for construction of post Offices. 6919. Contracts for heating apparatus. 6920. Payment for electric wiring. Payment for gas and electric fixtures. 6921. Payment for engineering and electric light plants. Contracts for public buildings or works; stipulation for damages for delay. 6923. Bonds of contractors for public buildings or works; rights of persons furnishing labor and materials. 6924. Compensation of employés from appropriations for pub- lic buildings. 6925. Employment of persons for supervision and care of buildings. 6926. Disbursing agents. 6927. Appropriations for construction of public buildings; disbursement. - 6928. Renting buildings on lands acquired for sites. 6929. (Transferred.) 6930. Rent of buildings in District of Columbia; not to be made until appropriation. 6931. Same; rent of other buildings. 6932. Lease of storage accommodations by heads of executive contracts departments. 6933. Rent of building; for Navy Department. 6933a. Same; for Department of Justice. 6933b. Same; for Department of Labor. 6934. Appropriations for buildings available for use in tempo- rary rented quarters. 6935. Appropriation for Operating force available for use in temporary rented quarters. 6936. Appropriations for operating supplies available for use in temporary rented quarters. Appropriations for care, maintenance, and repair avail- able for assay offices. 6937. Furniture for new buildings. 6938. Buildings under control of Secretary of Treasury. 6939. Buildings not to be draped in mourning. Display of flag on buildings on second Sunday in May. Second Sunday in May, designated as Mother's Day. 6940. Peports of Supervising Architect. § 6900. Building sites; selection—In the selec- tion of a site for any public building not yet commenc- ed, reference shall be had to the interest and conven- ience of the public, as well as to the best interests of the Government; and the Secretary of the Treasury shall have power, and it shall be his duty, to set aside any Selection which in his opinion has not been made Solely With reference thereto. No expenditure COMP.ST.’18–70 BUILDINGS AND WORKS Shall be made upon any building, a site for which has been selected, and work upon which has not been commenced, until such of the persons who acted as Commissioners in selecting such site shall make and filé with the Secretary of the Treasury an oath or affirmation that he is not at the time of making the affidavit, and was not at the date of making the selec- tion of such site, directly or indirectly interested in the property Selected for the same, and a similar af- fidavit shall be made and filed by each and every person hereafter appointed as such commissioner, be- fore any site shall be finally adopted. In either: Case a failure On the part of any Commissioner to make and file such an affidavit shall render the selection Void. (June 23, 1874, c. 476, § 2, 18 Stat. 276.) . . § 6901. Same; purchase or condemnation— The Secretary Of the Treasury is authorized to a C- quire, by private purchase Or by Condemnation, the necessary lands for public buildings and lighthouses to be constructed, and for which money is appropriat- ed, including all public building sites authorized to be acquired under any of the acts of the first session of the Forty-seventh Congress ; and there may be expended by the Secretary Of the Treasury, from the several amounts appropriated for the construction of public buildings, the expenses incident to the procur- ing of sites for said buildings, respectively. (March 3, 1883, c. 143, 22 Stat. 605.) § 6901a. Same; acquisition in certain cities and towns; waiver of requirement—The Secretary of the Treasury, in acquiring sites for public build- ings in cities and towns With a population of less than ten thousand, may, in his discretion, waive the provision contained in existing law which provides that sites so acquired shall face on two streets. (July 29, 1914, c. 215, § 1, 38 Stat. 565.) § 6902. Title to land to be purchased by United States—No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, ar- senal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written Opinion of the Attorney- General Shall be had in favor Of the validity Of the title, nor until the consent of the legislature of the State in which the land or site may be, to such pur- chase, has been given. The district attorneys of the |United States, upon the application of the Attorney- General, shall furnish any assistance Or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretariés of the Departments, upon the applica- tion of the Attorney-General, shall procure any ad- ditional evidence of title Which he may deem neces- sary, and which may not be in the possession of the officers of the Government, and the expense of pro- curing it shall be paid out Of the appropriations made for the contingencies of the Departments respective- ly. (R. S. § 355.) & - § 6903. Erection of forts in cases of emer- gency—ln Case of emergency When, in the Opinion of the President, the immediate erection of any tem- porary fort or fortification is deemed important and urgent, such temporary fort Or fortification may be 3 6903a (Tit. 43A PUBLIC BUILDINGS AND WORK [Page 1106] - COnStructed upon the Written Consent Of the OWner Of the land upon which such work is to be placed; and the requirements of section three hundred and fifty- five of the Revised Statutes shall not be applicable in such cases. (April 11, 1898, No. 21, 30 Stat. 737.) § 690.3a. Purchase of land for Ordnance De- partment—Section three hundred and fifty-five of the Revised Statutes of the United States shall not apply to the expenditure of appropriations for the Ordnance Department Of the Army now available for the pur- Chase Of land and for improvements upon such land. (Oct. 6, 1917, c. 109, 40 Stat. 427.) , § 6904. Legal services by district attorneys; abstracts of title—Hereafter all legal services con- nected with the procurement of titles to site for public buildings, other than for life Saving stations and pier- head lights, shall be rendered by United States dis- trict attorneys: Provided further, That hereafter, in the procurement of sites for such public build- ings, it shall be the duty of the Attorney-General to require of the grantors in each case to furnish, free Of all expenses to the Government, all requisite ab- stracts, official Certifications, and evidences of title that the Attorney-General may deem necessary. (March 2, 1889, c. 411, § 1, 25 Stat. 941.) § 6905. Restrictions on buildings; payments or contracts for sites; approval of sketch plans; changes; limit of cost–Hereafter no money shall be paid nor contracts made for payment for any site for a public building in excess of the amount spe- cifically appropriated therefor; and no money shall be expended upon any public building until after sketch plans showing the tentative design and ar- rangement of such building, together with outline description and detailed estimates Of the cost there- of shall have been made by the Supervising Archi- tect of the Treasury Department (except when other- wise authorized by law) and said sketch plans and estimates shall have been approved by the Secretary of the Treasury and the head of each executive de- partment who will have Officials located in Such build ing; but such approval shall not prevent subsequent Changes in the design, arrangement, materials, or methods of construction or cost which may be found necessary or advantageous: Provided, That no such changes shall be made involving an expense in excess of the limit of cost fixed or extended by Congress, and all appropriations made for the construction of Such building shall be expended within the limit of cost so fixed or extended. (R. S. § 3734, amended, June 25, 1910, c. 383, § 33, 36 Stat. 699.) See §§ 6681, 6790, 6795, 6802, 6886, 6887, 6889. § 6906. Acts authorizing purchase of sites not construed to appropriate money—No act pass- ed authorizing the Secretary of the Treasury to pur- chase a site and erect a public building thereon shall be held or construed to appropriate money unless the act in express language makes such appropriations. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 305.) § 6907. Commissions on purchases of sites; payment for sites—Hereafter commissions shall not be paid for disbursements on account of sites for public buildings; nor on account of construction of public buildings except for moneys actually handled and paid out by disbursing agents; and payments for sites for public buildings under the control of the Treasury Department shall be made by the Treas- ury Department, at Washington, District of Colum- bia, by drafts or checks payable to the grantors of such sites or their legal representatives. (March 2, 1889, c. 411, § 1, 25 Stat. 941.) § 6998. Alterations or work on Treasury Building—Hereafter no alteration shall be made, or Work done upon the treasury building, except for ordi- nary repairs, except upon authorization of and in ac- cordance with specific appropriations therefor. (July 15, 1870, c. 293, § 1, 16 Stat. 31.1.) § 6909. Condemnation of sites; jurisdiction— In every case in which the Secretary of the Treasury | Or any other officer of the Government has been so hereafter shall be, authorized to procure real estate for the erection of a public building or for other pub- lic uses he shall be, and hereby is, authorized to ac- Quire the Same for the United States by condemna- tion, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do SO. And the United States circuit or district courts Of the district wherein such real estate is located, Shall have jurisdiction of proceedings for such con- demnation, and it shall be the duty of the Attorney- General of the United States, upon every application of the Secretary of the Treasury, under this act, or Such other Officer, to Cause proceedings to be com- menced for condemnation, within thirty days from the receipt of the application at the Department of Jus- tice. (Aug. 1, 1888, c. 728, § 1, 25 Stat. 357.) See §§ 4706, 8473, 9362–9364, 9878. . § 6910. Same; procedure—The practice, plead- ings, forms and modes of proceedings in causes aris- ing under the provisions of this act shall conform, as near as may be, to the practice, pleadings, forms and proceedings existing at the time in like Causes in the COurts Of record of the State within which Sucl! Circuit Or district Courts are held, any rule of the Court to the contrary notwithstanding. (Aug. 1, 1888, c. 728, § 2, 25 Stat. 357.) - - § 6911. Same; fortifications and coast defens- es; purchases and donations—Hereafter the Sec- retary of War may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement, by condemnation, of any land, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications and coast de- fenses, such proceedings to be prosecuted in a CCOrd- ance with the laws relating to suits for the condem- nation of property of the States wherein the proceed- ings may be instituted: Provided, That when the Owner of Such land or rights pertaining thereto shall fix a price for the same, which, in the Opinion of the Secretary of War, shall be reasonable, he may pur- chase the same at such price without further delay: Provided further, That the Secretary of War is here- by authorized to accept on behalf of the United States donations of lands or rights pertaining thereto re- quired for the above-mentioned purposes: And pro- vided further, That nothing herein contained shall be Construed to authorize an expenditure, or to involve the Government in any contract or contracts for the future payment of money, in excess of the sums appro- gººd therefor. (Aug. 18, 1890, c. 797, § 1, 26 Stat. 16.) This section is probably superseded by § 6911a. also, §§ 6858, 6859. § 6911a. Same; fortifications, coast defenses, military training camps, nitrate plants, explo- sives and munitions plants; purchases and do- nations; R. S. § 355, suspended—Hereafter the Sec- retary of War may cause proceedings to be instituted in the name of the United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction. Or proSecu- tion of works for fortifications, coast defenses, mili- tary training camps, and for the construction and operation of plants for the production of nitrate and other compounds and the manufacture of eXplosives and other munitions of war and for the development and transmission of power for the Operations Of Such plants; such proceedings to be prosecuted in accord- ance with the laws relating to suits for the condemna- tion of property of the States wherein the proceedings may be instituted: Provided, That when the owner of such land, interest, or rights pertaining thereto shall fix a price for the same, which in the opinion of the Secretary of War shall be reasonable, he may pur- chase or enter into a contract for the use of the same See, Tit. 43A) # 6917 PUBLIC BUILDINGS AND WORKS at such price without further delay: Provided fur- ther, That the Secretary of War is hereby authorized to accept on behalf of the United States donations of land and the interest and rights pertaining thereto required for the above mentioned purposes: And pro- vided further, That when such property is acquired in time of war, or the imminence thereof, upon the filing of the petition for the condemnation of any land, temporary use thereof or other interest therein or right pertaining thereto to be acquired for any of the purposes aforesaid, immediate possession thereof may be taken to the extent Of the interest to be a CGUIired and the lands may be occupied and used for military purposes, and the provision of section three hundred and fifty-five of the Revised Statutes, providing that no public money shall be expended upon Such land until the Written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended during the period of the existing emergency. (July 2, 1917, c. 35, 40 Stat. 241, amended, April 11, 1918, c. 51, 40 Stat.) R. S. § 355, is § 6902. § 6912. Sites for fortifications to include land for barracks and quarters for artillery troops— Hereafter in acquiring sites for fortifications it shall be the duty of the Secretary of War, in every case Of Such acquirement, to purchase or otherwise procure at the same time, under this and future appropria- tions for this purpose, sufficient land for necessary barracks and quarters for the artillery troops requir- ed in connection with each of such fortifications; but no part of the money appropriated for military posts shall be used for the purchase of any land except as herein Specifically provided. (April 28, 1904, c. 1762, § 1, 33 Stat. 497.) - § 6913. Site for Government Printing Office —That to provide accommodation for the Government Printing Office, and the construction of the needed storage and distributing warehouses in connection therewith, the Secretary of the Treasury, the Public Printer, and the Architect of the Capitol, acting as a board, be, and they are hereby, empowered and in- structed to acquire, either by purchase or by condem- nation proceedings, as hereinafter provided, the land necessary, in their opinion, for the purposes aforesaid, and for the purposes stated, the sum of two hundred and fifty thousand dollars, Or SO much thereof as Shall be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated. (Aug. 30, 1890, c. 837, § 2, 26 Stat. 412.) § 6914. Same; purchase; procedure; acquisi- tion of other lands in District of Columbia–In the event it shall be necessary, in order to carry out the purpose of the foregoing section, for the board, as above Constituted, to acquire land, said board is empowered and directed to acquire the same by nego- tiation, Where any such land may and can be so ac- Quired and title secured at a price not above a fair relative Value as to other lands which have been sold in the immediate vicinity; or if the said board here- by Created shall be unable to purchase said land by agreement with any one or more of the respective Owners at a reasonable price within sixty days after the passage of this act they are authorized and direct- ed to make application to the Supreme Court of the District of Columbia, at any general or Special term thereof, by petition for the condemnation of such land not SO purchased, and for the ascertainment of its Value. Such petition shall contain a particular de- Scription of the property not so purchased, and select- ed for the purpose aforesaid, with the name of the OWner or owners thereof and their residences, so far as the same may be ascertained, together with a plan Of the land proposed to be taken ; and thereupon the Said court is authorized and required to cite all such OWners and all other persons interested to appear in Said Court at a time to be fixed by such court, on [Page 1107I - reasonable notice, to answer the said petition ; an Cl if it shall appear to the court that there are any own- erS Or Other perSOInS interested who are under dis- ability the court shall give public notice of the time at which the said court will proceed with the matter Of Condemnation ; and at such time if it shall appear that there are any persons under disability either who have appeared or who have not appeared, the court Shall appoint guardians ad litem for each such per- SOnS, and the Court shall thereupon proceed to appoint three capable and disinterested commissioners to ap- praise the value of the respective interests of all per- SOnS Concerned in such lands, under such regulations aS to notice and hearing as to the court shall seem meet. Such Commissioners shall thereupon; after being duly Sworn for the proper performance of their duties, examine the premises and hear the persons in interest who may appear before them, and return their appraisement of the value of the interests of all perSOnS, respectively, in such land ; and when such report shall have been confirmed by the court the President of the United States shall, if he think the public interest requires it, cause payment to be made to the respective persons entitled according to the judgment of the court, and in case any of such per- Sons are under disability, or can not be found, or neglect to receive payment, the money to be paid to any of them shall be deposited in the Treasury to their credit, unless there shall be some person law- fully authorized to receive the same under the direc- tion of the court, and when such payments are so made, or the amounts belonging to persons to whom payment shall not be made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use. And hereafter, in all cases of the taking of property in the District Of Columbia for public use, whether herein, heretofore, or hereafter authorized, the foregoing provisions, as it respects the application by the proper Officer to the Supreme Court of the District of Columbia and the proceedings therein shall be as in the foregoing provi- jº declared. (Aug. 30, 1890, c. 837, § 8, 26 Stat. $ 6915. Plans for buildings under Executive Departments—Hereafter the Secretary of the Treas. ury may, in his discretion, upon the request of the head of any other executive department, or establish- ment of the Government not under any executive de- partment, cause the plans, drawings, designs, specifica- tions, and estimates to be prepared in the office of the Supervising Architect, for any building or buildings for governmental purposes which the head of any Other executive department or establishment not under an executive department may be authorized to have Constructed: Provided, That the proper appropriations for the Support and maintenance of the office of the Supervising Architect be reimbursed for the cost of such work. (June 25, 1910, c. 383, § 35, 36 Stat. 699.) § 6916. Plans for public buildings—Hereafter the purchase of Specially prepared paper for the dupli- Cation of plans, and such other incidental expenses and Supplies as the Secretary of the Treasury may deem necessary and Specially Order for the use of the Office of the Supervising Architect, exclusively for the pur- pose of carrying into effect the various appropria- tions for public buildings, Shall be paid for from and equitably charged against Such appropriations, in ac- cordance with existing practice. (March 3, 1903, c. 1007, § 1, 32 Stat. 1091.) - See §§ 6659, 6665, 6666, 6696. § 6917. Plans not to be approved until selec- tion of site—Hereafter no plan shall be approved by the Secretary of the Treasury for any public building authorized by COngreSS to be erected, until after the site therefor shall have been finally selected ; and he shall not authorize Or approve of any plan for any Such building which shall involve a greater expendi- ture in the Completion of such building, including heating apparatus, elevators, and approaches there- Ž 6918 (Tit. 43A PUBLIC BUILDINGS AND WORKS to, than the amount that shall remain of the sum Specified in the law authorizing the erection of such building excluding cost of site. (March 2, 1889, c. 411, § 1, 25 Stat. 941.) § 6918. Restriction on future authorizations for construction of post offices—Hereafter no au- thorization shall be made for the Construction of a building to be used exclusively for post office purposes at any town or city where the postal receipts have not , reached the sum of $10,000 annually, nor shall any authorization for the purchase of a site for post of fice purposes only be made at any town or city where the postal receipts have not reached the sum of $6,- 000 annually. (March 4, 1913, c. 147, § 5, 37 Stat. 879.) § 6919. Contracts for heating apparatus—Con- tracts shall be made by the Secretary of the Treasury for furnishing and putting in heating apparatus for public buildings, upon advertisements in some leading newspaper in the State where each building is sit- uated, containing specifications of the kind of heating apparatus required, and such contracts shall be made with the lowest responsible bidder therefor. (March 3, 1887, c. 362, 24 Stat. 512.) § 6920. Payment for electric wiring—The Sec- retary of the Treasury is hereby directed, if in his judgment such work should be "performed, to pay for the wiring for electric lighting of all buildings in pro- Cess of erection or hereafter to be erected under the Control Of the Treasury Department from the construc- tion funds of such buildings. (March 2, 1895, c. 189, § 1, 28 Stat. 914.) § 6920a. Payment for gas and electric fix- tures—Hereafter gas and electric lighting fixtures for the equipment of public buildings and extensions in Course Of Construction under the Control of the Treasury Department, except Such gas and electric lighting fixtures as are under Contract or may be oth- erwise provided for by law, shall be paid for from the respective appropriations provided for the con- struction of such public buildings or extensions. (July 1, 1916, c. 209, § 1, 39 Stat. 273.) § 6921. Payment for engineering and electric light plants—Hereafter the Secretary of the Treas- ury is authorized, whenever in his judgment such work should be performed, to pay for the installation of engineering and electric-light plants in all buildings in process of erection, Or hereafter to be erected, un- der the control of the Treasury Department, from the construction funds of such buildings. (June 6, 1900, C. 791, § 1, 31 Stat. 591.) - See § 3330. § 6922. Contracts for public buildings or works; stipulation for damages for delay—In all contracts entered into with the United States, after the date of the approval of this Act, for the construc- tion or repair of any public building or public work under the control of the Treasury Department, a stip- ulation shall be inserted for liquidated damages for delay; and the Secretary of the Treasury is hereby authorized and empowered to remit the whole or any part of Such damageS as in his discretion may be just and equitable; and in all Suits hereafter Com- menced on any such contracts or on any bond given in connection there with it shall not be necessary for the United States, whether plaintiff or defendant, to prove actual or specific damages sustained by the Government by reason. Of delayS, but such stipulation for liquidated damageS shall be COnclusive and bind- ing upon all parties. (June 6, 1902, c. 1036, § 21, 32 Stat. 326.) § 6923. Bonds of contractors for public build- ings or works; rights of persons furnishing labor and materials—That hereafter any person Or per- sons entering into a formal contract with the United States for the construction of any public building, or the prosecution and Completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to ex- ecute the usual penal bond, with good and sufficient IPage 1108] 3. Surety will be relieved from further liability: Sureties, with the additional obligation that such Contractor or contractors shall promptly make pay- ments to all persons supplying him or them with la- bOr and materials in the prosecution of the work pro- Vided for in such contract; and any person, company, Or Corporation who has furnished labor Or materials used in the construction or repair of any public build- ing or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United Ståtes. If the full amount of the liability of the Sure- ty on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the United States within Six months from the completion and final settlement Of said contract, then the person or persons supply- ing the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said WOrk has been prosecuted that labor or materials for the prosecution of Such work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said con- tract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, author- ized to bring suit in the name of the United States in the circuit Court of the United States in the district in which said contract was to be performed and exe- Cuted, irrespective Of the amount in controversy in Such Suit, and not elsewhere, for his Or their use and benefit, against said contractor and his Sureties, and to prosecute the Same to final judgment and execu- tion: Provided, That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete per- formance of Said contract and final Settlement there- of, and shall be commenced within One year after the performance and final settlement of said contract, and not later: And provided further, That where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within One year from the completion of the work under Said Contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount Of the recoVery. The surety on said bond may pay into court, for dis- tribution among said claimants and Creditors, the full amount Of the Sureties' liability, to wit, the penalty named in the bond, less any amount which said surety may have had to pay to the United States by reason Of the execution of said bond, and upon SO doing the Pro- vided further, That in all suits instituted under the provisions of this Act such personal notice of the pen- dency of such suits, informing them of their right to intervene as the court may Order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, published in the State or town where the contract is being performed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor. (Aug. 13, 1894, c. 280, 28 Stat. 278, amended, Feb. 24, 1905, c. 778, 33 Stat. 81.1.) § 6924. Compensation of employés from appro- priations for public buildings—Nor shall there here- after be paid more than six dollars per day to any per- son employed outside of the District of Columbia, in any capacity whatever, whose compensation is paid from appropriations for public buildings in course of construction, but the Secretary of the Treasury may, in his discretion, authorize payment in cities of Tit. 43A) ź 6935 PUBLIC BUILDINGS AND WORKS [Page 1109] eighty thousand or more inhabitants of a sum not ex- ceeding eight dollars per day for such purposes. (Aug. 5, 1892, c. 380, § 1, 27 Stat. 351.) . . § 6925. Employment of persons for supervi- sion and care of buildings—Hereafter where public buildings shall be completed with the exception of heating apparatus and approaches but one person shall be employed by the Government for the Supervision and Care of such building. (March 3, 1887, c. 362, 24 Stat. 512.) § 6926. Disbursing agents—The Secretary Of the Treasury may designate any officer of the United States, who has given bonds for the faithful perform- ance Of his duties, to be disbursing agent for the pay- ment of all moneys appropriated for the construction of public buildings authorized by law within the dis- trict of such officer. (R. S. § 255.) See § 6665. § 6927. Appropriations for construction of public buildings; disbursement—Hereafter all dis- bursements of money appropriated for the Construc- tion of public buildings under the control of the Treas- ury Department shall be made by the Treasury De- partment at Washington, District of Columbia, except in cases of public buildings located so remote from the seat of government as to occasion hardship by undue delay in making payments to contractors, in every such exceptional case the Secretary of the Treasury may, in his discretion, require the collector of customs at or nearest the place where such build- ing is being constructed to make the disbursement, as provided in section seventeen hundred and sixty-five Of the Revised Statutes of the United States, but in Such exceptional cases no additional COmpensation shall be paid to any collector of Customs for dis- bursements made hereunder ; and hereafter no COm- pensation or commissions shall be allowed for the disbursement of any appropriation for the construc- tion, extension, enlargement, remodeling, or repairs of any public building under the control of the Treas- ury Department, except to disbursing agents hereto- fore appointed and who have qualified by giving bonds. (March 4, 1911, c. 285, § 1, 36 Stat. 1387.) R. S. § 1765, is § 3234. . § 6928. Renting buildings on lands acquired for sites—The Secretary of the Treasury is authoriz- ed, until their removal becomes necessary, to rent any building or buildings not reserved by the vendors on lands heretofore or hereafter acquired for building sites or for the enlargement of building sites, the pro- ceeds to be deposited in the Treasury, and a report thereof to be submitted to Congress at the beginning of each regular session thereof. (March 4, 1909, c. 299, § 1, 35 Stat. 959.) § 6929. [Transferred.] This section authorized the Secretary of the Treasury to charge and fix the rates of dockage and wharfage to be paid by any private vessel or person allowed to use the government wharf at Sitka, Alaska, the receipts to be deposited as miscellaneous receipts derived from govern- ment property. It is set forth as $ 3612. . - § 6930. Rent of buildings in District of Go- lumbia; contracts not to be made until appro- priation—Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all Contractors Or lessors of any such building Or any part of building. (March 3, 1877, c. 106, 19 Stat. 370.) See §§ 6682, 6683. § 6931. Same; rent of other buildings—Where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public in- terest, to rent others in their stead: Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result there- from. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 241.) § 6932. Lease of storage accommodations by heads of executive departments—The heads of the Several executive departments are authorized to enter into contracts for the lease, for periods of not exceed- ing six years, of modern fireproof storage accommoda- tions within the District Of Columbia for their re- Spective departments, at rates per square foot of available floor Space not exceeding 25 cents, payable from appropriations that Congress may from time to time make for rent of buildings for their respective departments. (March 2, 1913, c. 93, 37 Stat. 718.) § 6933. Rent of building; for Navy Depart- ment—The Secretary of the Navy is hereby author- ized to enter into COntract for the rental Of a Suitable fireproof building or buildings or parts thereof for the use of the Navy Department for a period of not exceeding ten years from July first, nineteen hundred and thirteen, at an annual rental of not exceeding $30,000. (March 4, 1913, c. 142, § 1, 37 Stat. 771.) § 6933a. Same; for Tjepartment of Justice— The Attorney General is authorized to enter into a Contract for the lease of a modern fireproof Office building for the use of the Department of Justice for a period not to exceed five years, renewable, at the option of the Government, for an additional period not exceeding five years, at an annual rental not ex- Ceeding $36,000 and at a rate per annum per square foot Of available floor Space not to exceed thirty-Six and three-tenths cents. (May 10, 1916, c. 117, § 1, 39 Stat. 109.), § 6933b. Sarne; for Department of Labor— The Secretary of Labor is authorized to enter into a Contract for the lease of a modern fireproof building for the use of the Department of Labor for a period not to exceed five years, renewable, at the Option of . the GOvernment, for an additional period not ex- ceeding five years, at an annual rental not exceeding $24,000 and at a rate per annum per square foot of available floor space not to exceed thirty-six and three-tenths cents: Provided, That the Secretary of Labor may renew for the fiscal year nineteen hun- dred and seventeen a lease of the premises now OC- Cupied by the Department of Labor at an annual rental not exceeding $24,000. (May 10, 1916, c. 117, § 1, 39 Stat. 118.) . § 6934. Appropriations for buildings availa- ble for use in temporary remited quarters—Here- after, unless otherwise specifically provided by law, whenever the Secretary of the Treasury is authorized to secure temporary quarters for the use of Govern- ment Officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or en- largement Of, any public building belonging to the United States under the control of the Treasury De- partment, the following-named appropriations shall be available, if necessary, in Connection with such portions of the premises as may be rented for Or oc- Cupied by such Oſſicials in the same manner, for the same purpose, and to the Same extent as if the title to such premises were vested in the United States, namely: Fuel, lights, and water for public buildings; furniture and repairs of same for public buildings; pay of assistant custodians and janitors; and vaults, safes, and locks for public buildings. (March 3, 1905, c. 1483, § 1, 33 Stat. 1161.) - § 6935. Appropriation for operating force available for use in temporary rented quarters— Hereafter, unless otherwise specifically provided by law, whenever the Secretary of the Treasury is au- thorized to secure temporary quarters for the use of the Government officials pending the alteration, im- provement, or repairs to, or the remodeling, recon- struction, or enlargement of, any public building be- longing to the United States under the control of the Treasury Department, including the Customhouse, Washington, District of Columbia, but exclusive of any other buildings in the District of Columbia, the appropriation for “Operating force for public build- ings” shall be available, if necessary, in connection with certain portions of the premises as may be rent- 3 6936 (Tit. 43A PUBLIC BUILDINGS AND worrs IPage 1110] ed for, or occupied by, such officials, in the same man- ner, for the same purpose, and to the Same extent as if the title to such premises were vested in the United States. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 432.) § 6936. Appropriations for operating sup- plies available for use in temporary rented quarters—Operating supplies for public buildings: * * including the customhouse at Washington, Dis- trict of Columbia, but excluding any other public building under the control of the Treasury Depart- ment within the District of Columbia, and excluding also marine hospitals and quarantine stations, mints, branch mints, and assay offices, and personal Serv- ices, except for work done by contract or for tem- porary job labor under exigency not exceeding at One time the Sum of $100 at any one building, * * : Provided further, That hereafter, unless otherwise specifically provided by law, whenever the Secretary of the Treasury is authorized to secure temporary Quarters for the use of the Government officials pend- ing the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of any public building under the control of the Treasury De- partment not hereinbefore excluded, appropriations for the foregoing purposes shall be available, if nec- essary, in connection with such portions of the prem- ises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the Same extent as if the title to such premises. Were vested in the United States. (June 23, 1913, c. 3, § 1, 38 Stat. 22.) - § 6936a. Appropriations for care, mainte- nance, and repair available for assay offices— Hereafter the annual appropriations for the care, maintenance, and repair of Federal buildings and their mechanical and vault and safe equipments, shall be available in the same manner and to the same ex- tent for assay Offices assigned quarters in Federal buildings under the authority contained in chapter five hundred and forty-six of the Act approved July first, eighteen hundred and ninety-eight (Thirtieth Statutes, page six hundred and fourteen), as such ap- propriations are available for other branches of the Government service quartered in such buildings. (July 1, 1916, c. 209, § 1, 39 Stat. 273.) § 6937. Furniture for new buildings—The fur- niture for all new public buildings shall hereafter be procured in accordance with plans and specifica- tions approved by the Supervising Architect of the Treasury. (May 27, 1908, c. 200, § 1, 35 Stat. 327.) § 6938. Buildings under control of Secretary of Treasury—That all court-houses, custom-houses, furnished post-Offices, appraiser's stores, barge offices, subtreas- uries, and other public buildings outside of the Dis- trict of Columbia and outside of military reservations Which have been heretofore purchased or erected, or are at present in course of construction, or which may hereafter be erected or purchased out of any ap- propriation under the control of the Treasury De- partment, together with the site or sites thereof, are hereby expressly declared to be under the exclusive jurisdiction and control and in the custody of the Secretary of the Treasury, who shall have full power to take possession of and assign and reassign rooms therein to such Federal Officials, clerks, and em- ployees as in his judgment and discretion should be with offices or rooms therein. (July 1, 1898, c. 546, § 1, 30 Stat. 614.) § 6939. Buildings not to be draped in mourn- ing—Hereafter no building owned, or used for public purposes, by the Government of the United States, shall be draped in mourning and no part of the public fund shall be used for such purpose. (March 3, 1893, c. 211, § 3, 27 Stat. 715.) - - § 6939a. Display of flag on buildings on see- ond Sunday in May—The President of the United States is hereby authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to dis- play the flag at their homes or other suitable places, on the second Sunday in May, as a public expression of our love and reverence for the mothers of our coun- try. (May 8, 1914, No. 13, § 1, 38 Stat. 770.) § 6939b. Second Sunday in May designated as Mother’s Day—The second Sunday in May shall here- … after be designated and known as Mother's Day, and it shall be the duty of the President to request its observance as provided for in this resolution. (May 8, 1914, No. 13, § 2, 38 Stat. 771.) - § 6940. Reports of Supervising Architect— The Supervising Architect of the Treasury shall here- after include in his annual report statements show- ing, under the following titles, the number of custom- houses, court-houses, post-offices, and buildings used for two or more of said objects: The actual cost of construction, cost of alterations and repairs, cost of sites, and date of purchase, as to each of Said build- ings, and the aggregate of such expenditures under each of said titles; also the same information, under their respective titles, as to marine hospitals, quaran- tine stations, and all other buildings under the Con- trol of the Treasury Department. (June 6, 1900, c. 791, § 1, 31 Stat. 592.) TITLE XLIV—THE PUBLIC PROPERTY Sec. 6941. Uniforms and equipments. 6941a. Sale of property acquired for war purposes. 6942. Renting or selling unproductive lands or property. 6943. Leasing unproductive public property. 6944. Leasing property not required for public use. 6945. Conveyance of low grounds in Washington, D. C. 6946. Charge of property transferred to the United States. 6947. Release of lands in certain cases. 6948. Sale of lands acquired by devise. 6949. Power to obtain releases. 6950. Releasing property from attachment. 6951. Payment. 6952. Abandoned property. § 6941. Uniforms and equipments—The Clothes, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be Sold, bartered, exchanged, pledged, loaned, or given a Way; and no person not a soldier, or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accouterments, SO furnished, and which have been the subjects Of any such sale, barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein; but the same may be seized and taken wherever found by any Officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster, Or oth- er Officer authorized to receive the same. The posses- sion of any such clothes, arms, military Outfits, or accouterments by any person not a soldier or officer Of the United States shall be presumptive evidence of such a sale, barter, exchange, pledge, loan, Or sale of property acquired for war purposes—That during the existing emergency the President be, and he hereby is, authorized, in his discretion, and upon such terms as he shall deem ex- pedient, through the head of any executive depart- ment, to sell any supplies, materials, equipment Or other property heretofore or hereafter purchased, ac- quired, or manufactured by the United States in connection with, or incidental to, the prosecution of the war, to any person, partnership, association, Or corporation, or to any foreign State or Government engaged in war against any Government with which the United States is at War; and any moneys received by the United States as the proceeds of any such sale shall be covered into the Treasury of the United States and a full report of the same shall be forth- with Submitted to Congress. (May 10, 1918, c. 70, 40 Stat.) § 6942. Renting or selling unproductive lands or property—The Solicitor of the Treasury is au- thorized, with the approval of the Secretary of the Treasury, to rent, for a period not exceeding three years, or to sell, at public sale, any unproductive lands, or other property of the United States acquir- ed under judicial process Or otherwise in the Collec- tion of debts, after advertising the time, place, and conditions of such sale for three months preceding the same in some newspaper published in the vicinity thereof, in such manner and upon such terms as may, in his judgment, be most advantageous to the public interest. (R. S. § 3749.) § 6943. Leasing unproductive public proper- ty—That authority be, and is hereby, given to the Secretary of the Treasury to lease, at his discretion for a period not exceeding five years, such unoccupied and unproductive property of the United States un- der his control, for the leasing of which there is no authority under existing law, and Such leases shall be reported annually to Congress. (March 3, 1879, c. 182, § 1, 20 Stat. 383.) See § 6928. - § 6944. Leasing property not required for public use—That authority be, and is hereby, given to the Secretary of War, when in his discretion it will be for the public good, to lease, for a period not exceeding five years and revocable at any time, such property Of the United States under his control as may not for the time be required for public use and for the leasing of which there is no authority under existing law, and such leases shall be reported an- nually to Congress: Provided, That nothing in this act contained shall be held to apply to mineral or phosphate lands. (July 28, 1892, c. 316, 27 Stat. 321.) § 6945. Conveyance of low grounds in Wash- ington, D. C.—That the powers and duties hereto- fore in and by the third section of the act of Con- greSS, approved May seventh, eighteen hundred and tWenty-two, to wit, chapter ninety-six, of the first Session of the seventeenth congress, devolved upon and Vested in “the mayor of the city of Washington for the time being,” be, and the same hereby are, Vested in and devolved upon the Secretary of the In- terior, who shall execute the deeds thereby required, under his hand and official seal, when it shall appear to him that the persons applying for such deeds are duly entitled to have the same: Provided, neverthe- less, this act shall not be so construed as to create Or revive any right lost by lapse of time. (July 1, 1879, c. 62, 21 Stat. 47.) $ 6946. Charge of property transferred to the United States—The Solicitor of the Treasury shall have charge of all lands and other property which have been Or may be assigned, set off, or conveyed to the United States in payment of debts, and of all trusts created for the use of the United States in payment of debts due them; and of the sale and disposal of lands assigned or set off to the United States in payment of debts, or vested in them by Imortgage or other security for the payment of debts: Provided, That this section shall not apply to real estate Which has been or shall be assigned, set off, Or Conveyed to the United States, in payment of debts arising under the internal-revenue laws, nor to trusts created for the use of the United States, in payment of such debts due them. (R. S. § 3750.) § 6947. Release of lands in certain cases— In cases where real estate has become the property of the United States, by conveyance, extent, or other- Wise, in payment of a debt, and such debt is after- Ward fully paid in money, and the same has been received by the United States, the Solicitor of the Treasury may release by deed or otherwise convey the same real estate to the debtor from whom it was taken, if he is living, or, if such debtor is dead, to his heirs or devisees, or such person as they may appoint: Provided, That this section shall not apply to real estate So acquired by the United States in payment Of any debt arising under the internal-reve- nue laws. (R. S. § 3751.) See §§ 5930, 6376. § 6948. Sale of lands acquired by devise—The Secretary of the Treasury is authorized to sell such lands as have been or may hereafter be acquired by the United States by devise, upon such terms and after such public notice by advertisement as he may deem best for the public interest. (March 3, 1903, . c. 1007, § 1, 32 Stat. 1112.) § 6949. Power to obtain releases—Whenever any lands have been Or shall be conveyed to individ- uals or Officers, for the use Or benefit of the United States, the President is authorized to obtain from such person a release of his interest to the United States. (R. S. § 3752.) - § 6950. Releasing property from attachment —Whenever any property owned or held by the Unit- ed States, Or in which the United States have Or claim atm interest, shakl, in any judicial proceeding under the laws of any State, district, or Territory, be seized, arrested, attached, or held for the security Or satisfaction of any claim made against such prop- [Page 1111] 3 6951 (Tit. 44 THE PUBLIC PROPERTY IPage 1112] erty, the Secretary of the Treasury, in his discretion, may direct the Solicitor of the Treasury to cause a Stipulation to be entered into by the proper district attorney for the discharge of such property from such Seizure, arrest, attachment, or proceeding, to the effect that upon such discharge, the person asserting the Claim against such property shall become entitled to all the benefits of this and the following section. Nothing herein contained shall, however, be consider- ed as recognizing or conceding any right to enforce by seizure, arrest, attachment, or any judicial pro- CeSS, any Claim against any property of the United States, or against any property held, owned, or em- ployed by the United States, or by any Department thereof, for any public use, or as waiving any objec- tion to any proceeding instituted to enforce any such claim. (R. S. § 3753.) - § 6951. Payment—In all cases where a stipula- tion is entered into under the preceding section, and, in Consequence thereof, the property is discharged, and final judgment is afterward given in the court Of last resort to which the Secretary of the Treasury may deem proper to cause such proceedings to be car- ried, affirming the claim for the security or satisfac- tion of which such proceedings have been instituted, and the right of the person asserting the same to en- force it against such property by means of such pro- ceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determi- nation of the rights of such person, and shall entitle Such perSOn, as against the United States, to such rights as he would have had in case possession of Such property had not been charged. Whenever such Claim is for the payment of money, and the same is by Such judgment found to be due, the presentation collected, under each specific agreement. of a duly authenticated copy of the record of Such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the Treasury not other- wise appropriated. The amount so to be allowed and paid shall not, however, exceed the value of the .interest of the United States in the property in ques- tion. (R. S. § 3754.) § 6952. Abandoned property—The Secretary of the Treasury is authorized to make such contracts and provisions as he may deem for the interest of the Government, for the preservation, sale, or col- lection of any property, or the proceeds thereof, which may have been wrecked, abandoned, or become dere- lict, being within the jurisdiction of the United States, and which ought to come to the United States, or of any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the TJnited States, which are now withheld or retained by any person, COrporation, Or municipality Whatever, and which Ought to have Come into the possession and custody of, or been collected or received by, the |United States; and in Such Contracts to allow . Such compensation to any person giving information there- of, or who shall actually preserve, collect, surrender, or pay over the same, as the Secretary of the Treasury may deem just and reasonable. NO costs or claim shall, however, become chargeable to the United States in so obtaining, preserving, collecting, receiv- ing, or making available property, debts, dues, Or interests, which shall not be paid from such moneys as shall be realized and received from the property so (R. S. § 3755.) TITLE XLV—PUBLIC PRINTING, ADVERTISEMENTS, AND PUBLIC 3 (R. S. §§ 3756–3822. Superseded.) These Sections provided for a Joint Committee on Print- ing, its powers, etc., the appointment of a Congressional Printer, his duties, etc., the management and regulation of the Government Printing Office and the employés there- Of, the printing, binding, etc., and distribution of public documents, and the performance of similar work for Con- gress and the Executive Departments and other branches of the public service. All these sections and many sub- Sequent provisions relating to the same subjects were Su- perseded by the Printing and Binding Act of Jan. 12, 1895, c. 23, which was a general revision of all such pro- visions, and in its last section repealed “All laws in con- flict with the provisions of this act.” Said Printing and Binding Act of 1895, therefore, is substituted here for sections 3756-3822 of the Revised Statutes and other pre- vious provisions amendatory thereof and Supplemental thereto ; and provisions subsequent to said act, relating to the subjects thereof, are incorporated in or added to it in this Title. Sec. - 6953. Joint Committee on Printing. 6953a. Same; reelected Congressmen to continue as members of until successors chosen; powers during receSS. 6954. Same; exercise of power by Committee of either House. 6955. Same; remedying neglect or delay in public printing. 6956. Reprinting bills, laws and reports from committees not exceeding 50 pages. 6957. Standards of paper; samples; advertisements for pro- posals. 6958. Specifications in advertisements. 6959. Opening bids; bonds. 6960. Approval of contract; time for performance; bonds. 6961. Comparison of paper With standard. 6962. Determination of quality of paper. 6963. Default of contractor; new contracts and purchase in open market. 6964. Liability of defaulting contractor. 6965. Purchase in open market; paper. 6966. Same; other materials. e º 6967. Congressional Record; arrangement, style, contents, and indexes. 6968. Same; indexes. 6969. Lithographing and engraving; contracts; bids. 6970. Schedule of materials required; advertisements for pro- posals; contracts. DocumENTs Sec. 6971. Public Printer; 6972. Same; duties. 6973. Same; annual report. Deputy Public Printer. 6975. Examining boards. 6976. Sale or exchange of condemned materials. 6977. Annual report of cost of printing, paper, contracts and payments. Congressional Record; unbound copies for Congressmen. 6979. Stereotyping and electrotyping. 6980. Annual estimates; for paper. appointment; salary; bond. 6981. Same; of expenses. 6982. Same; by Public Printer. 6983. Public Printer; other officers and employés in Printing Office; estimates and appropriations. 6984. Advances to Public Printer. 6985. Receipts from sales to be covered into Treasury. 6986. Settlement of accounts. 6987. Consolidation of Department printing offices. Branch printing office for State, War, and Navy De- partments abolished. 6988. Accountability for and issue of materials. . 6989. Fraud of Public Printer; penalty. 6990. Interest of Officers and assistants in printing contracts. Vacancy in office of Public Printer. 6992. Congressional Record; extracts for Congressman; ing envelopes and, franks. 6993. Same; mailing envelopes and franks for extracts from. 6994. Franks for Department of Agriculture for mailing seeds. 6995. Payment of cost of printing extracts from Congressional Record or other documentS. 6996. Purchase of press supplies, 6997. Supplies for Executive Departments. 6998. Limit of wages to printers and bookbinders; extra pay for night work. 6999. Pay of pressmen. 7000. Payment of employés by hour. 7001. Pay of employés; work on Sunday. 7002. Congressional Record and Directory; Sale. 7003. Engraving and lithographing; contracts. 7004. Sale of extra copies of documents. 7005. Printing Office Library; disposal of books. 7006. List of employés for Official Register. 7007. Chief clerk and foreman of printing and binding. 7008. Compensation of foreman of binding. mail- Dit. 45) PUBLIC PRINTING [Page 1113I Sec. - 7009. Employment of skilled workmen, 7010. Holidays. 7011. Night work. 7012. Eight-hour law. 7013. Clerks. 7014. Proof-readers and laborerS. 7015. Apprentices. 7016. Details of employés to Executive Departments or es- tablishment. 7017. Leaves of absence. - 7018. Same; payment of employés receiving annual salaries. 7019. Form and style of work for Departments. 7020. Sale of duplicate plates; copyright. - 7021. Duplicate orders to print. 7022. “Usual number” of documents and reports; distribu- tion of House and Senate documents and reports; binding; reports on private bills; number of copies printed; distribution. 7023. Same; printing of documents and reports to be reserv- ed, discontinued; special binding of one copy. 7024. Senate and House documents and reports for Depart- ment of State. 7025. Bills and resolutions; number and distribution; “pri- vate bills” defined. - 7026. Distribution of documents to Library of Congress. 7027. Additional copies. 7028. Publications printed elsewhere than at Printing Office. 7029. Public and private laws, postal conventions, and trea- ties. 7030. Journals of Houses of Congress. 7031. Publications for department or officer. 7032. Printing for committees of Congress. 7033. Printing extra copies. 7034. “Extra copies” defined. 7035. Printing of documents not provided for by law. 7036. Lapse of authority to print, when. 7037. Senate and House document rooms; superintendents. 7038. Same; under Secretary of Senate. 7039. Superintendent of Documents; sale of documents. 7040. Same; Control of Office. 7041. Index of documents; number and distribution. 7042. Disposition of documents stored at Capitol. 7043. Office of Superintendent of Documents in Interior De- partment abolished; distribution of reports of Elev- enth Census. 7044. Assistants, blanks, printing and binding for Superin- tendent of Documents. 7045. Delivery of documents in charge of Departments to Su- perintendent of Documents. 7046. Distribution of documents to Congressmen. 7047. Distribution of copies of Congressional Record, and of bills, documents, and reports to governor-general of Philippines. 7048. Catalogue of Government publications. 7049. Investigation of , libraries designated as depositories. 7050. Senate and House folding rooms; superintendents. 7051. Rights of retiring Congressmen to documents. 7052. Tºº distribution of documents by Congressmen ex- €Il CiêC1. 7053. (1) Extra copies of documents and reports. 7054. (2) Report of Secretary of Agriculture. 7055. (3) Report of Bureau of Animal Industry. 7056. (4) Report of Weather Bureau. 7057. (5) Ephemeris and Nautical Almanac; sale. 7058. (6) Observations of Naval Observatory. 7059. (7) Peport of Coast and Geodetic Survey. 7060. (8) Reports on Commercial and Foreign Relations. 7061. (9) Report of Bureau of Ethnology. 7062. (10) Report of Commissioner of Fish and Fisheries, 7063. (11) Bulletins of Fish Commission. t 7064. (12) Report of Health Officer of District of Columbia. 7065. (13) Report of Civil Service Commission. 7066. (14) Report of Commissioner of Education. 7067. (15) Report of Geological Survey. 7068. (16) Report of Commissioner of Labor. 7069. (17) Report of Interstate Commerce Commission. 7070. (18) Revised Statutes and Supplements. 7071. (19–22) Pamphlet copies of statutes. 7072. (23, 24) Statutes at Large. 7073. (25) Pamphlet copies of statutes and Statutes at Large as evidence. 7074. (26) President’s message. - 7075. (27) President’s message and accompanying documents, and reports of Departments. 7076. (28) Certain reports not to be printed unless ordered. 7077. (29) Report of National Academy of Sciences. 7078. (30) Memoirs of National Academy of Sciences. 7079. (31) Report of American Historical Association. 7080. (32) Army and Navy Registers. 7081. (33) Report of Smithsonian Institution. 7082. (35) Statistical Abstract. 7083. (36) Iron and Steel Tests. 7084. (37–39) Treasury Department Reports. - 7085. (40) Report of Government Directors of Union Pacific Railways. 7086. (41) Eulogies; engraving. 7087. (42) Senate and House Manuals. 7088. (43) Congressional Directory. 7089. (44) Abridgment of message and accompanying docu- ments. Sec. 7090. (45–60) Congressional Record; subscriptions. 7091. (62) Report of Public Printer. - 7092. (63–68) Official register. 7093. (69–77). Patent-office printing. 1. Patents issued. 2. Trade-marks and labels. 3. Official Gazette. 4. Report of Commissioner of Patents. 5. Specifications and drawings of Patents. 6. Rules of practice, patent laws, etc. 7. Decisions of Commissioner and Courts. 8. Indexes. 7094. (78) Lithographing. 7095. (79) Inserting “compliments” forbidden. 7096. Report on Field Operations, Division of Soils, Depart- ment of Agriculture. 7097. Reprinting documents required for sale. 7098. Ephemeris and Nautical Almanac. - 7099. Bulletins of Bureau of American Ethnology. 7100. Report on improvement and care of public buildings in District of Columbia. 7101. Geological Survey; report on mineral resources. 7102. Same; reports on gauging of streams and utilization of Water resources. 7103. Same; additional copies of certain parts of report. 7104. Same; publications; size of volumes; editions; addi- tional copies; bulletins; reports on gauging of streams and utilization of water resources; additional copies. 7105. Same; distribution of publications to public libraries. 7106. Same; report of mineral resources. \ 7107. Bimonthly bulletins of Department of Labor. 7107a. Rºº. of United States Commission on Industrial Re- ations. 7108. Supplement to Revised Statutes; prima facie evidence. 7109. Same; publication continued. 7110. Same; printing, distribution, and sale. 7111. Same; prima facie evidence. 7112. Same; publication continued. 7113. Same; publication not discontinued. 7114. Delivery of Revised Statutes, Supplements, and Statutes at Large to Superintendent of Documents. 7115. Pamphlet edition of Statutes at Large for each session of Congress. 7116. Same; distribution and sale. 7117. Same; compensation of editor. 7118. Same; marginal references. 7119. Same; index. -- 7120. Session Laws and Statutes at Large for distribution by Department of Justice. 7121. Additional copies of reports of American Historical As- sociation. 7122. Daily Consular Reports. 7123. Reports of Director of Mint. 7124. Congressional Record; for newspaper correspondents. 7125. Same; daily copies for Library. • 7126. Same; distribution in exchange for foreign parliamen- tary records. 7127. Official Register; report of Comptroller of Currency. 7128. Same; names Omitted from. 7129. Binding and disposal of specifications and drawings of patents; repeal. 7130. Statement of appropriations; “usual number.” 7131. Reprinting public documents of Immigration Commission. 7132. Reports of Librarian of Congress. 7133. Report of managers and inspectors of National Home - for Disabled Volunteer Soldiers. - 7134. Report of Director of Office of Experiment Stations. . 7135. Bulletins of Public Health Service. 7135a. Bulletins of Surgeon General of Army for instruction of medical Officers. 7136. Report of Surgeon-General of Public Health Service. 7137. Heport of Bureau of Immigration. 7138. Distribution of public documents to library of Philippine government. 7139. Distribution of copies of publications to designated de-. positories and libraries; land-grant colleges as de- positories. - 7140. Reprinting public documents of National Monetary Com- mission. 7.141. Publications of Bureau of Mines. 7142, Same; additional copies. - 7143. Libraries as depositories continued; new designations. 7144. Ownership of publications furnished officers for official use; free use in depositories. 7145. Documents and reports for foreign legations. 7146. Coast and Geodetic Survey charts; sale and distribu- tion. - 7146a. Same; distribution to educational institutions. 71.47. Hydrographic Office charts; publication, distribution and Sale. 7.148. Publication of foreign hydrographic surveys. 7149. Geological Survey monographs, bulletins, and reports; publication and distribution. 7150. Same; subsequent to 1894. 7151. Same; publication for exchange or sale. 7152. Illustrations and maps in documents and reports; or- ders for printing acted on within one year. 7153. Classification and numbering of publications ordered printed by Congress; designation of publications of Departments; printing of committee hearings. § 6953 (Tit. 45 PUBLIC PRINTING Sec. 7154. 7155. 7156. 7157. Binding of publications for distribution to libraries. Binding sets of bills and resolutions for Congress. Committee reports; indexing and binding. Binding registered bonds and written records at Treas- ury Department. 7158. No printing and binding unless authorized. 7159. Printing, binding, and blank books for Congress and Departments. 7159a. Branches of Printing Office in Executive Departments: 7159aa. Contract or open market purchase of printing and binding for Army in time of actual hostilities. Binding for Senate Library. Work of Indian Department at Indian Schools. Printing and binding for President, Appropriations for printing not to be exceeded; tion on number of reports; Bureau reports. - Appropriation to which cost of printing by order of Congress chargeable. Additional copies of publications of Office of Naval In- telligence. . Appropriations to which cost of printing and binding for Executive Departments and bureaus to be charged. Appropriations for Printing Office; allotments; , restric- tion on use of funds; report with annual estimates. Regulations for printing documents for Congress in two or more editions; requisitions; printing of full num- ber and allotment of full quota. Departments to order documents required; and resolutions. Departmental distribution of documents. Distribution of publications to be by Public Printer; equipment transferred; mailing lists; use of em- ployés of other departments. Printing and binding for Departments. Restrictions on printing. Requirements of reports recommending printing and binding for Congress. Restrictions on use of appropriations for printing and binding, for illustrations. Restrictions on printing for Executive Departments. Exchange of documents. Blanks and letter heads for judges and officers of courts. Libraries of Executive Departments and Military and Naval Academies constituted depositories. Stationery and blank books for Congress. Binding for Congressmen. Advertisements in Washington, D. C. - Publication of advertisements in newspapers abolished. Publication of proclamations and treaties; advertise- Iments for contracts in District of Columbia. \ 7160. limita- 1169. limit; bills 7170. 7171. 7172. 7173. 7174. 7175. 7176. 7177. 7178. 7179. 7180. 7181. 7182. 7183. 7184. 7185. Rate of payment for advertisements, notices and pro- posals. 7186. Advertising in District of Columbia; rate of compensa- tion. 7187. No advertisement without authority. § 6953. Joint Committee on Printing—There shall be a Joint Committee on Printing, consisting of three members of the Senate and three members of the House of Representatives, who shall have the pow- ers hereinafter stated. (Jan. 12, 1895, c. 23, § 1, 28 Stat. 601.) See §§ 279, 279a. § 6953a. Same; reelected Congressmen to con- tinue as members of until successors chosen; powers during recess—Hereafter the members Of the Joint Committee on Printing who are reelected to the succeeding Congress shall continue as members of said committee until their successors are chosen: Pro- vided, That the President of the Senate and the Speak- *er of the House of Representatives shall, on the last day of a Congress, appoint members of their respec- tive Houses who have been elected to the Succeeding Congress to fill any vacancies which may then be about to occur on said COmmittee, and Such appointees and the members of said committee who shall have been reelected shall continue until their successors are chosen. The Joint Committee on Printing shall, when Congress is not in Session, exercise all the pow- ers and duties devolving upon Said Committee as pro- vided by law, the same as when Congress is in Ses- Sion. (March 3, 1917, c. 163, § 6, 39 Stat. 1121.) § 6954. Same; exercise of power by Commit- tee of either House—At any time when there is no joint committee of the two Houses of Congress the powers and duties under the law devolving upon the Joint Committee on Printing shall be exercised and performed by the Committee then in existence of either House. (March 2, 1895, c. 189, § 1, 28 Stat. 962.) § 6955. (Par. 1.) Same; remedying neglect or delay in public printing—The Joint Committee on [Page 1114] Printing shall have power to adopt such measures as Imay be deemed necessary to remedy any neglect Or delay in the execution of the public printing and binding. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amend- ed March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) § 6956. (Par. 2.) Reprinting bills, laws and reports from committees not exceeding 50 pages —The Secretary of the Senate, and the Clerk of the House of Representatives may order the reprinting in a number not exceeding one thousand copies of any pending bill Or resolution, Or any public law not ex- ceeding fifty pages, or any report from any Committee Or Congressional commission on pending legislation not accompanied by testimony or exhibits or other ap- pendices, and not exceeding fifty pages, when the Sup- ply shall have been exhausted. The Public Printer shall require each requisition for reprinting to cite the Specific authority of law for its execution. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) § 6957. Standards of paper; samples; adver- tisements for proposals—The Joint Committee on Printing shall fix upon standards of paper for the different descriptions of public printing and binding, and the Public Printer shall, under their direction, advertise in two newspapers, published in each of the cities of Boston, New York, Philadelphia, Baltimore, Washington, Cincinnati, Saint Louis, Louisville, Oma- ha, Denver, San Francisco, and Chicago, for sealed proposals to furnish the Government with paper, as Specified in the schedule to be furnished to applicants by the Public Printer, setting forth in detail the Quality and quantities required for the public print- ing. And the Public Printer shall furnish samples of the Standard of papers fixed upon to applicants there- for who shall desire to bid. (Jan. 12, 1895, c. 23, § 3, 28 Stat. 601.) § 6958. Specifications in advertisements—The advertisements shall specify the minimum portion of each quality Of paper required for either three months, Six months, or one year, as the Joint Committee on Printing may determine ; but when the minimum por- tion SO Specified exceeds, in any case, one thousand realms, it shall state that proposals will be received for one thousand reams or more. (Jan. 12, 1895, c. 23, § 4, 28 Stat. 601.) § 6959. Opening bids; bonds—The sealed pro- posals to furnish paper shall be opened in the pres- ence of the Joint Committee on Printing, and the Con- tracts shall be awarded by them to the lowest and best bidder for the interest of the Government ; but they shall not consider any proposal which is not ac- Companied by a bond approved by a judge or clerk Of a court of record in the penalty of five thousand dollars that the bidder or bidders, if his or their pro- posal is accepted, shall enter into a contract to furnish the articles proposed for and by satisfactory evi- dence that the person making it is a manufacturer of Or dealer in the description of paper which he pro- poses to furnish. (Jan. 12, 1895, c. 23, § 5, 28 Stat. 602.) § 6960. Approval of contract; time for per- formance; bornds—No contract for furnishing paper shall be valid until it has been approved by the Joint Committee On Printing, if made under their direc- tion, or by the Secretary of the Interior, if made un- der his direction, according to the provisions of sec- tion nine Of this Act. The award of each contract for furnishing paper shall designate a reasonable time for its performance. The contractor shall give bond in such amount as may be fixed by, and to the approv- al of, the Joint Committee on Printing. (Jan. 12, 1895, c. 23, § 6, 28 Stat. 602.) § 6961. Comparison of paper with standard— The Public Printer shall compare every lot , of paper delivered by any contractor with the standard of qual- ity fixed upon by the Joint Committee on Printing, and shall not accept any paper which does not con: Tit. 45) A 6975 PUBLIC PRINTING [Page 1115] form to it in every particular. (Jan. 12, 1895, c. 23, § 7, 28 Stat. 602.) § 6962. Determination of quality of paper- In case of difference of opinion between the Public Printer and any contractor for paper respecting its quality, the matter of difference shall be determined by the Joint Committee on Printing Or by the Secre- tary of the Interior when Congress is not in session, and the decision of said Joint Committee Or Of the Secretary of the Interior shall be final as to the Unit- ed States. (Jan. 12, 1895, c. 23, § 8, 28 Stat. 602.) § 6963. Default of contraetor; new contracts and purchase in open market—If any Contractor shall fail to comply with his contract, the Public Printer shall report such default to the Joint Com- mittee on Printing, when Congress is in session, or to the Secretary of the Interior when Congress is not in session ; and he shall, under the direction of the Committee, or of the Secretary of the Interior, as the case may be, enter into a new contract with the lowest, best and most responsible bidder for the inter- est of the Government among those whose proposals were rejected at the last opening of bids, or he shall advertise for new proposals, under the regulations hereinbefore stated; and during the interval which may thus occur he shall, under the direction of the Joint Committee on Printing, or of the Secretary of the Interior, purchase in open market, at the lowest market price, all paper necessary for the public printing. (Jan. 12, 1895, c. 23, § 9, 28 Stat. 602.) § 6964. Iiability of defaulting contractor– In case of the default of any contractor to furnish paper, he and his sureties shall be responsible for any increase of cost to the Government in procuring a Sup- ply of such paper which may be consequent upon Such default. The Public Printer shall report every such default, with a full statement of all the facts in the case, to the Solicitor of the Treasury, who shall pros- ecute the defaulting contractor and his sureties upon their bond, in the circuit court of the United States in the district in which such defaulting Contractors re- side. (Jan. 12, 1895, c. 23, § 10, 28 Stat. 602.) § 6965. Purchase in open market; paper—The Joint Committee on Printing, or during the recess of Congress the Secretary of the Interior, may authorize the Public Printer to make purchase of paper in Open market whenever they may deem the quantity required SO Small or the want so immediate as not to justify advertisement for proposals. (Jan. 12, 1895, c. 23, § 11, 28 Stat. 602.) § 6966. Same; other materials—The Joint Com- mittee is authorized to give permission to the Pub- lic Printer to purchase material. Other than paper. in Open market, whenever in their opinion it would not promote the public interest to advertise for proposals and to make COntracts for the Same: Provided, how- ever, That the purchases authorized by this Act shall not in any term of six months exceed the sum of fifty dollars for any particular article required. (Jan. 12, 1895, c. 23, § 12, 28 Stat. 602.) § 6967. Congressional Record; arrangement, style, contents, and indexes—The Joint Committee shall have control of the arrangement and style of the Congressional Record, and while providing that it shall be substantially a Verbatim report Of proceed- ings, shall take all needed action for the reduction of unnecessary bulk, and shall provide for the publication Of an index of the Congressional Record Semimonthly during the sessions of CongreSS and at the Close there- of. (Jan. 12, 1895, c. 23, § 13, 28 Stat. 603.) § 6968. Same; indexes—The Joint Committee shall designate to the Public Printer a competent per- son to prepare the semimonthly and Session index to the Congressional Record, and shall fix and regulate the compensation to be paid by the Public Printer for the said work and direct the form and manner of its publication and distribution. (Jan. 12, 1895, c. 23, § 14, 28 Stat. 603.) proposals. § 6969. Lithographing and engraving; con- tracts; bids—When the probable total COSt Of the maps or plates accompanying one work or document exceeds twelve hundred dollars, the lithographing or engraving thereof shall be awarded to the lowest and best bidder, after advertisement by the Public Print- er, under the direction of the Joint Committee, which may authorize him to make immediate COntracts for lithographing or engraving whenever the exigencies Of the public service do not justify advertisement for (Jan. 12, 1895, c. 23, § 15, 28 Stat. 603.) § 6970. Schedule of materials required; ad- , vertisements for proposals; contracts—The Public Printer shall prepare a schedule of materials required to be purchased, showing the description, quantity, and quality of each article, and shall invite proposals for furnishing the same, either by advertisement or circular, as the Joint Committee on Printing may di- rect, and shall make contracts for the same with the lowest responsible bidder, making a return of the same to the Joint Committee, showing the number of bid- ders, the amounts of each bid, and the awards of the contracts. (Jan. 12, 1895, c. 23, § 16, 28 Stat. 603.) § 6971. Public Printer; appointment; salary; bond—The President Of the United States shall nom- inate and, by and with the advice and Consent of the Senate, appoint a suitable person, who must be a practical printer and versed in the art of book-bind- ing to take charge of and manage the Government Printing Office. The title of said officer shall be Pub- lic Printer. He shall receive a Salary Of four thou- Sand five hundred dollars per annum, and shall give bond in the sum of one hundred thousand dollars for the faithful performance of the duties of his office, Said bond to be approved by the Secretary Of the Treasury. (Jan. 12, 1895, c. 23, § 17, 28 Stat. 603.). Current appropriation for salary of Public Printer, see Act June 12, 1917, c. 27, § 1, 40 Stat. 173. § 6972. Same; duties—It shall be the duty of the Public Printer to purchase all materials and machin- ery which may be necessary for the Government Printing Office; to take charge of all matter which is to be printed, engraved, lithographed, or bound ; to keep an account thereof in the Order in which it is received, and to cause the work to be promptly ex- ecuted ; to superintend all printing and binding done at the Government Printing Office, and to see that the sheets Or Volumes are promptly delivered to the Officer who is authorized to receive them. The re- ceipt of such officer shall be a sufficient voucher for their delivery. (Jan. 12, 1895, c. 23, § 18, 28 Stat. 603.) § 6973. Same; annual report—The Public Print- er shall make annual report to Congress, and in it specify the number of copies of each Department re- port and document printed upon requisition by the head of the Department for which the printing was done, and he shall also specify in Said report the exact number of GOpies of books, giving the titles of the books, bound upon requisition for Senators, Repre- sentatives, Delegates, and other Officers of the Gov- ernment and the cost thereof. (Jan. 12, 1895, c. 23, § 19, 28 Stat. 603.) § 6974. Deputy Public Printer—The office of deputy public printer shall be filled by the selection and appointment by the Public Printer of a person skilled as a practical printer and versed in the art of bookbinding, and Who shall perform the duties heretofore required of the chief clerk, have super- vision Of the buildings OCCupied by the Government Printing Office, and perform such other duties as may be required of him by the Public Printer. (May 27, 1908, c. 200, § 1, 35 Stat. 382.) Current appropriation for salary of Deputy Public Printer, see Act June 12, 1917, c. 27, § 1, 40 Stat. 173. § 6975. Examining boards—The chief clerk, the foreman of printing, and a person designated by the Joint Committee on Printing, shall Constitute a board to examine and report in writing on all paper de- livered under Contract, or by purchase or otherwise, at the Government Printing Office. The Chief Clerk, & 6975 (Tit. 45 PUBLIC PRINTING [Page 1116] foreman of binding, and a person designated by the Joint Committee on Printing shall constitute a board to examine and report in writing on all material, ex- cept paper, for the use of the bindery. The Chief clerk, the foreman of printing, and a person desig- nated by the Joint Committee on Printing shall con- stitute a board of condemnation, who, upon the call of the Public Printer, shall determine the condition of presses and other machinery and material used in the Government Printing Office, with a view to Condemna- tion. (Jan. 12, 1895, c. 23, § 20, 28 Stat. 603.) Current appropriation for salary of inspector of paper, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1073. f § 6976. Sale or exchange of condemned ma- terials—Whenever any machinery or material in the Government Printing Office shall have been regularly Condemned as unserviceable, the Public Printer may sell the same, after public advertisement, to the high- est bidder, for cash, and turn the proceeds into the Treasury of the United States: Provided, That in case the sum or sums offered for Such advertised property should be deemed by him too low, he may exchange said old machinery or material for new, paying the difference in money, and render appro- priate vouchers for such expenditure. (Jan. 12, 1895, c. 23, § 21, 28 Stat. 604.) § 6977. Annual report of cost of printing, pa- per, contracts and payments—The Public Printer shall, on the first day of each regular session, report to Congress the exact condition and the quantity and cost of all printing, binding, lithographing, and en- graving; the quantity and cost of all paper purchased for the same; a detailed statement of all proposals and contracts entered into for the purchase of pa- per and other materials, and for lithographing and engraving; of all payments made, during the preced- ing year, under his direction; of the quantity of work ordered and done, with a general classification there- of, for each Department, and a detailed statement of each account with the Departments Or public Officers; a classified detailed statement of the number of hands employed and the sums paid to each ; and such other information touching all matters connected with the Printing Office as may be in his possession. (Jan. 12, 1895, c. 23, § 22, 28 Stat. 604.) § 6978. Congressional Record; unbound copies for Congressmen—There shall be reserved by the Public Printer from the quota of each member of Congress and Delegate one copy of the Congressional Record in unstitched form, to be delivered to each member or Delegate ; and there shall be furnished to each standing committee of Congress one copy, which Copies for members and Committees shall be bound promptly in paper when each semimonthly index shall be issued and shall be delivered without delay. (Jan. 12, 1895, c. 23, § 24, 28 Stat. 604.) § 6979. Public Printer shall cause to be stereotyped or elec- trotyped all matter when there is a reason to believe that it will be needed a second time. (Jan. 12, 1895, c. 23, § 25, 28 Stat. 604.) - - - - § 6980. Annual estimates; for paper—The Pub- lic Printer shall, at the beginning of each session of Congress, submit to the Joint Committee on Printing estimates of the quantity of paper of all descrip- tions which will be required for the public printing and binding during the ensuing year. (Jan. 12, 1895, c. 23, § 26, 28 Stat. 604.) § 6981. Same; of expenses—He shall prepare and submit to the Secretary of the Treasury, an- nually, in time to have the same embraced in the es- timates from that Department, detailed estimates of the sums which will be required for salaries, wages, printing, engraving, lithographing, binding, materials, and other necessary expenses of said Printing Office for the ensuing fiscal year. 28 Stat. 604.) § 6982. Same; by Public Printer—It shall be the duty of the Public Printer to submit to Congress Of him ; two hundred dollars; Stereotyping and electrotyping—The (Jan. 12, 1895, c. 23, § 27, at the beginning of its next regular session, estimates in detail under the head of Printing and binding for the service of the fiscal year eighteen hundred and ninety-seven and annually thereafter, covering ap- propriations requisite for all work to be done and services to be rendered under his direction by the provisions of the said Act and not previously required and of the details of all such estimates, he shall notify the heads of the Executive Departments. and Other Government establishments affected there- by, within such time as will enable them to Omit the amounts thereof from the estimates of appropriations which they are required to submit for the fiscal year eighteen hundred and ninety-seven. (March 2, 1895, c. 189, § 1, 28 Stat. 961.) § 6983. Public Printer; other officers and em- ployés in Printing Office; estimates and appropri- ations—Office of the Public Printer: Public Printer, five thousand five hundred dollars; deputy public printer, three thousand six hundred dollars; private Secretary, two thousand two hundred and fifty dollars: Stenographer, One thousand dollars; Cashier and pay- master, two thousand five hundred dollars; paying teller, two thousand dollars; one messenger; one tel- ephone switch-board Operator ; two assistant telephone SWitch-board Operators; Chief inspector and purchas- ing agent, three thousand six hundred dollars; and One clerk Of Class one ; in all, twenty-four thousand four hundred and ten dollars. - , - :: # -k #: ::: ::: 2: . Office of superintendent of documents: Superintend- ent of documents, three thousand dollars; principal Clerk, one thousand eight hundred dollars; clerk in Charge of the Congressional Record at the Capitol, tWO thousand five hundred dollars; in all, seven thou- Sand three hundred dollars. Office of foreman of printing: Foreman of print- ing, tWO thousand five hundred dollars. - Office of foreman of presswork: Foreman of press- WOrk, tWO thousand five hundred dollars. Office of foreman of binding: Foreman of binding, tWO thousand five hundred dollars. - Office of the superintendent of supplies: Superin- tendent Of Supplies, two thousand five hundred dol- lars. . - - Watch force: Captain of the Watch, One thousand two lieutenants of the watch, at nine hundred dollars each, and sixty-four day and night watchmen, at seven hundred and twenty dol- lars each ; in all, forty-nine thousand and eighty dollars. - - The Public Printer shall submit for the fiscal year nineteen hundred and ten, and annually thereafter, estimates for all Clerks and other employees addi- tional to the foregoing Who may be required in the executive Or administrative Offices of the Government Printing Office; and no funds other than those spe- cifically appropriated under said estimates shall be used during said fiscal year for Services in the Gov- ernment Printing Office of the Character specified in said estimates and appropriated for thereunder. (May 27, 1908, c. 200, § 1, 35 Stat. 382.) - * 1 \ Current appropriation for Public Printer, etc., see Act June 12, 1917, c. 27, § 1, 40 Stat. 173, 176. - . . . § 6984. Advances to Public Printer—Hereafter there shall be advanced to the Public Printer from time to time, as the public service may require it, and under Such rules as the Secretary Of the Treas- ury may prescribe, a sum of money not exceeding at any time the penalty of his official bond, to enable him to pay for work and material. (March 30, 1900, c. 118, 31 Stat. 58.) . - § 6985. Receipts from sales to be covered into Treasury-Moneys received from Sales of extra Copies of documents, paper shavings, imperfections, Waste gold leaf, leather and book cloth scraps, and for the sale of old and condemned material, shall be deposited by the Public Printer in the Treasury of the United States, and a detailed statement thereof Shall be in- Tit. 45) 3 6992 PUBLIC PRINTING cluded in his annual report to Congress. 1895, c. 23, § 29, 28 Stat. 605.) - § 6986. Settlement of accounts—The Public Printer shall settle the account of his receipts and Ólisbursements in the same manner required of other ºrsing Officers. (Jan. 12, 1895, c. 23, § 30, 28 Stat. .) - - § 6987. Consolidation of Department printing offices-All printing offices in the Departments now in Operation, or hereafter put in operation, by law, Shall be Considered a part of the Government Print- ing Office, and shall be under the control of the Pub- lic Printer, who shall furnish all presses, types, im- posing Stones, and necessary machinery and material for Said offices from the geneſſal supplies of the Gov- ernment Printing Office; and all paper and material of every kind used in the said offices for departmental Work, except letter and note paper and envelopes, Shall be supplied by the Public Printer; and all per- Sons employed in said printing offices and binderies Shall be appointed by the Public Printer, and be car- ried. On his pay roll the same as employees in the main Office, and shall be responsible to him: Provid- ed, That the terms of this Act shall not apply to the Office in the Weather Bureau, or, to So much of the printing as is necessary to expedite the work of the Record and Pension Division of the War Department nor to the printing office now in operation in the Cen- sus Office; but the Public Printer, with the approval Of the Joint Committee on Printing, may abolish any Of these excepted offices whenever in their judgment the economy of the public service would be there- by advanced. - - All work done in the said offices shall be ordered on blanks prepared for that purpose by the Public Print- er, which shall be numbered consecutively, and must be signed by some one designated by the head of the Department for which the work is to be done, who Shall be held responsible for all work thus ordered, and Who Shall quarterly report to the head of the Department a classified statement of the work done and the cost thereof, which report shall be transmitted to the Public Printer in time for his annual report to CongreSS. The Public Printer Shall show in de- tail, in his annual report, the cost of operating each departmental office. (Jan. 12, 1895, c. 23, § 31, 28 Stat. 605.) - - § 6987a. Branch printing office for State, War, and Navy departments abolished—The Public Printer is directed to remove, within thirty days aft- er the passage of this Act, all printing machinery, material, and SO forth, from all rooms in the State, (Jan. 12, War, and Navy Building now assigned to the De- partment of State, and the State, War, and Navy branch printing office is hereby abolished. (March 3, 1917, c. 163, § 1, 39 Stat. 1083.) - § 6988. Accountability for and issue of ma- terials—The Public Printer shall charge himself with, and be accountable for, all material received for the public use. The foreman of printing and binding shall make out estimates Of the quantity and kind Of material required for their respective departments, and file written requisitions therefor when it is need- ed. The Public Printer Shall furnish the same to them on these requisitions, as required for the public service, and they shall receipt to him and be held ac- countable for all material so received. (Jan. 12, 1895, c. 23, § 32, 28 Stat. 605.) - § 6989. Fraud of Public Printer; penalty— If the Public Printer shall, by himself or through Others, Corruptly Collude Or have any secret under- standing with any person to defraud the United States, or whereby the United States shall be made to sustain a loss, he shall, on Conviction thereof be- fore any court of competent jurisdiction forfeit his office and be imprisoned in the penitentiary for a term of not more than Seven years, and fined in a [Page 1117] - “Public document. hand corner the letters “U. S. S.” Or “M. C.” sum not exceeding three thousand dollars. (Jan. 12, 1895, c. 23, § 33, 28 Stat. 605.) § 6990. Interest of officers and assistants in printing contracts—Neither the Public Printer, Chief Clerk, foreman Of printing, foreman of binding, nor any Of their assistants shall, during their continu- ance in Office, have any interest, direct Or indirect, in the publication of any newspaper or periodical, Or in any printing, binding, engraving, or lithograph- ing of any kind, or in any contract for furnishing pa- per or other material connected with the public print- ing, binding, lithographing, or engraving ; and for every violation of this Section the party Offending Shall, On Conviction before any Court Of Competent jurisdiction, be imprisoned in the penitentiary for a term of not less than One nor more than five years, and shall be fined not exceeding five hundred dollars. (Jan. 12, 1895, c. 23, § 34, 28 Stat. 605.) § 6991. Vacancy in office of Public Printer— In case of the death, resignation, absence, or sick- ness of the Public Printer the chief clerk of the Gov- ernment Printing Office shall perform the duties of the Public Printer until a successor is appointed or such absence or sickness shall cease; but the Presi- dent may, in his discretion, authorize and direct any other officer of the Government, whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the Sickness Or absence Of the Public Printer shall cease: Provided, That a Vacancy OCCasioned by death or res- ignation must not be temporarily filled under the provisions of this section for a longer period than ten days, and no temporary appointment, designation, or assignment of another Officer to perform such duty shall be made except to fill a vacancy happening dur- ing a recess of the Senate. (Jan. 12, 1895, c. 23, § 36, 28 Stat. 606.) . . - § 6992. Congressional Record; extracts for Congressmen; mailing envelopes and franks—It shall be lawful for the Public Printer to print and deliver, upon the Order of any Senator, Representa- tive, or Delegate, extracts from the Congressional Record, the person ordering the same paying the COSt. thereof; and documents and reports of Committees, with the evidence and papers submitted therewith, or any part thereof ordered printed by Congress, may be reprinted by the Public Printer on order of any member of Congress or Delegate, On prepayment Of Cost thereof. The Public Printer may furnish without cost to Senators, Members, and Delegates, envelopes, ready for mailing the Congressional Record or any part thereof, or speeches, or reports therein contain- ed. Envelopes so furnished shall Contain in the up- per left-hand corner ºthereof the following words, to wit: “Senate United States (or House of Represent- atives, U. S.). Part of Congressional Record. Free,” and in upper right-hand corner the letters “U. S. S.” or “M. C.” But he shall not print any other words thereon, except at the personal expense of the Sena- tor, Member, or Delegate ordering the same, except to affix the official title of a document. - - He may also furnish without Cost to Senators, Mem- bers, and Delegates blank franks printed on sheets and perforated, or singly at the option of said Sena- tors, Members and Delegates, for public documents. Franks so furnished shall contain in the upper left- hand corner thereof the following Words, to Wit: Free. United States Senate (or House of Representatives U. S.)” and in upper right- But he shall not print any other words thereon except where it may be desirable to affix the official title of a docu- ment. All other Words printed thereon shall be at the personal expense of the Senator, Member, or Dele- gate ordering the same. - - At the request of any Congressman the Public Printer is authorized to print upon franks Or en- 3 6992 (Tit. 45 PUBLIC PRINTING [Page 11181 Velopes used for mailing public documents or seed the fac-Simile stamp of Said Congressman and a spe- Cial request for return if not called for, and the name of the State and county and city. Said Com- greSSIman to deposit With his Order the extra expense involved in printing these additional words. All moneys accruing under this section shall be deposited by the Public Printer in the Treasury of the United States and accounted for in his annual re- port to Congress. (Jan. 12, 1895, c. 23, § 37, 28 Stat. 606, amended, Jan. 30, 1904, c. 39, § 1, 33 Stat. 9.) § 6993. Same; mailing exivelopes and franks for extracts from-The Public Printer, under section thirty-seven of the “Act providing for the public printing and binding and the distribution of public documents,” approved January twelfth, eighteen hun- dred and ninety-five, may, at the request of any Sena- tor, Representative, or Delegate in Congress, print. on envelopes authorized to be furnished, in addition to the Words therein named, the name Of the Senator, Representative, or Delegate, and State, the date, and the topic Or Subject-matter, not exceeding twelve words. (March 2, 1895, c. 189, § 1, 28 Stat. 961.) § 6994. Franks for Department of Agricul- ture for mailing seeds—The Public Printer shall furnish to the Department of Agriculture such franks as the Secretary of Agriculture may require for send- ing out seeds on Congressional Orders, the franks to have printed thereon the facsimile signatures of Sena- tors, Representatives, and Delegates, also the names of their respective States or Territories, and the WOrds “United States Department Of Agriculture, Congressional Seed Distribution,” or such other print- ed matter as the Secretary Of Agriculture may direct; the franks to be of such size and style as may be prescribed by the Secretary of Agriculture; the ex- pense of printing the said franks to be charged to the allotment for printing and binding for the two Houses of Congress. (May 19, 1902, No. 23, 32 Stat. 74.1.) § 6995. Payment of eost of printing extracts from Congressional Record, or other documents- In case any Senator, Representative, Or Delegate shall fail to pay the cost of printing extracts from the Congressional Record or other documents ordered by him to be printed in accordance With section thirty- Seven of the Act approved January twelfth, eighteen hundred and ninety-five (Twenty-eighth Statutes at Iarge, page six hundred and six), the Public Printer Shall certify the amount due to the Sergeant at Arms Of the House or the financial clerk of the Senate, as the case may be, and the Sergeant at Arms Or financial clerk shall deduct from any Salary due the said de- linquent the said amount, Or as much thereof as the salary due may cover, and pay the amount SO Ob- tained to the Public Printer, to be applied by him to the satisfaction of the indebtedness. (March 4, 1911, c. 285, § 1, 36 Stat. 1446.) See § 6992. § 6996. Purchase of press supplies—The Pub- lic Printer may purchase in open market, and with- out previous advertising, such supplies as the Gov- ernment Printing Office may require, of ink, rollers, composition for making rollers, tapes, press blankets, and lubricating oils, taking Care that Only the low- est market prices be paid ; and When practicable he shall issue circulars inviting bids. (Jan. 12, 1895, C. 23, § 38, 28 Stat. 607.) § 6997. Supplies for Executive Departments —The Public Printer is authorized hereafter to pro- cure and supply, On the requisition of the head of any Executive Department or other Government es- tablishment, COmplete manifold blanks, books, and forms, required in duplicating processes; also com- plete patented devices with which to file money-order statements, or other uniform official papers, and to charge such supplies to the allotment for printing and binding Of the Department or Government estab- lishment requiring the same. § 1, 32 Stat. 481.) paid for day labor. (June 28, 1902, c. 1301, § 6998. Limit of wages to printers and book- binders; extra pay for night work—The Public Printer shall pay no greater price for composition than fifty cents per thousand ems, to pressmen fifty Cents per hour, and forty Cents per hour for time WOrk to printers and bookbinders: Provided, That the pay of all employees of the Government Printing Office en- gaged. On night work (between the hours of five O'Clock postmeridian and eight O'Clock antemeridian) shall be twenty per centum in addition to the amount (Jan.12, 1895, c. 23, § 39, 28 Stat. 607.) ..* § 6999. Pay of pressmen—Hereafter pressmen shall be paid at the rate of 55 cents per hour. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 482.) - - § 7000. Payment of employés by hour—The Public Printer may hereafter, in his discretion, pay all printers, bookbinders, and leather parers employ- ed in the Government Printing Office at the rate Of fifty cents per hour for time actually employed. (June 6, 1900, c. 791, § 1, 31 Stat. 643.) § 7001. Pay of employés; work on Sunday—The Public Printer may hereafter, in his discretion, pay printer linotype Operators and printer monotype key- board operators at a rate not exceeding sixty cents per hour: Provided, That when the exigencies of the service require that work be performed. On Sunday the Public Printer may, in his discretion, pay to em- ployees, mot receiving annual salaries, not exceeding fifty per centum in addition to the regular rate paid for such Work. (March 4, 1909, c. 299, § 1, 35 Stat. 1024.) - - § 7002. Congressional Record and Directory; sale—The Public Printer, under the direction. Of the Joint Committee, may print for sale, at a price suffi- cient to reimburse the expense of such printing, the Current Congressional Directory and the current num- bers and bound sets of the Congressional Record. The money derived from such sales shall be paid into the Treasury, and accounted for in his annual report to Congress, and no sales shall be made On credit. (Jan. 12, 1895, c. 23, § 40, 28 Stat. 607.) § 7003. Engraving and lithographimg; con- tracts—The Public Printer shall preserve in his Office samples of the paper on which any engravings or lithographs are to be furnished by contract, and he shall not receive any engraving Or lithograph which is not printed on paper equal to the sample, or which is not executed in the proper manner Or in the quan- tity contracted for, or within the time specified in the contract, unless, for special reasons, he may have eX- tended the time. The contractor shall not be paid except upon the certificate of the Public Printer that his contract has been complied with. (Jan. 12, 1895, c. 23, § 41, 28 Stat. 607.) . § 7004. Sale of extra copies of documents- The Public Printer shall furnish to all applicants giv- ing notice before the matter is put to press, not ex- ceeding two hundred and fifty to any One applicant, copies of bills, reports, and documents, said appli- cants paying in advance the cost of such printing with ten per centum added: Provided, That the printing of such work for private parties shall not interfere with the printing for the Government. (Jan. 12, 1895, c. 23, § 42, 28 Stat. 607.) § 7005. Printing Office Library; disposal of books—The serviceable books now contained in the Government Printing Office library, except those which in the judgment of the Public Printer should be retained for reference, shall be turned OVer to the Public Library of the District of Columbia, and that all unserviceable books be condemned and sold as waste paper. (March 4, 1909, c. 299, § 1, 35 Stat. 1024.) § 7006. List of employés for Official Register —The Public Printer shall, on the first day Of July Tit. 45) 3 7021 PUBLIC PRINTING in each year in which a new Congress is to assemble, cause to be filed in the Department of the Interior a full and complete list of all Officers, agents, Clerks, and employees employed in his department, Or in any of the branch offices. He shall include in such list all the statistics peculiar to his department re- quired to enable the Secretary of the Interior to prepare the Biennial Register. (Jan. 12, 1895, c. 23. § 43, 28 Stat. 607.) § 7007. Chief clerk and foreman of printing and binding—There shall be appointed by the Public Printer a chief clerk, who shall be a practical print- er and versed in the art of bookbinding, whose Salary shall be two thousand four hundred dollars per an- num; and a foreman of printing and a foreman of binding, who must be practically and thoroughly ac- quainted with their respective trades, who shall each receive a salary of two thousand One hundred dollars per annum. (Jan. 12, 1895, c. 23, § 44, 28 Stat. 607.) Current appropriation for chief clerk, see Act June 12, 1917, c. 27, § 1, 40 Stat. 173. § 7008. Compensation of foreman of Tbinding —For the public printing, for the public binding, and for paper for the public printing, * * for salaries, compensation or wages Of all necessary employees ad- ditional to the foregoing specific sums, including the Compensation of the foreman of binding, which shall hereafter be at the rate Of two thousand five hundred dollars per annum. (March 4, 1909, c. 299, § 1, 35 Stat. 1021.) . § 7009. Employment of skilled workmen—It shall be the duty of the Public Printer to employ workmen who are thoroughly skilled in their respec- tive branches of industry, as shown by trial of their skill under his direction. (Jan. 12, 1895, c. 23, § 45, 28 Stat. 607.) .. § 7010. Holidays—The employees of the Govern- ment Printing Office shall be allowed the following legal holidays with pay, to wit: . The first day of January, the twenty-Second day Of February, the fourth day of July, the twenty-fifth day of Decem- ber, Inauguration Day, Memorial Day, Labor’s Holi- day, and such day as may be designated by the Presi- dent of the United States as a day Of public fast Or thanksgiving. (Jan. 12, 1895, c. 23, § 46, 28 Stat. 607.) § 7011. Night work—The Public Printer shall cause work to be done on the public printing in the Government, Printing Office at night as well as through the day, when the exigencies of the public service require it, but the provisions Of the existing eight-hour law shall apply. (Jan. 12, 1895, c. 23, § 47, 28 Stat. 607.) - See §§ 8918–8920. § 7012. Eight-hour law—The Public Printer is hereby directed to rigidly enforce the provisions of the eight hour law in the Department under his charge. (March 30, 1888, c. 47, § 1, 25 Stat. 57.) § 7013. Clerks—The Public Printer may employ two clerks of class four, at an annual salary of one thousand eight hundred dollars each; two clerks of Class three, at one thousand six hundred dollars each per annum; One clerk of class two, at One thousand four hundred dollars per annum. (Jan. 12, 1895, c. 23, § 48, 28 Stat. 608.) § 7014. Proof-readers and laborers—The Pub- lic Printer may employ, at such rates of wages as he may deem for the interest Of the Government and just to the persons employed, such proof-readers, Ia- borers, and other hands as may be necessary for the execution of the orders for public printing and bind- ing authorized by law; but he shall not, at any time, employ in the office more hands than the absolute necessities of the public work may require. (Jan. 12, 1895, c. 23, § 49, 28 Stat. 608.) - § 7015. Apprentices—The Public Printer may employ such number of apprentices, not to exceed tWenty-five at any one time, as in his judgment will be consistent with the economical service of the office. (Jan. 12, 1895, c. 23, § 50, 28 Stat. 608.) IMPage 11.191 thirty days' leave as will be paid to day hands: § 7016. Details of employés to Executive De- partments or establishment—Hereafter no employee of the Government Printing Office shall be detailed to duties not pertaining to the work of public print- ing and binding in any executive department or other government establishment unless expressly authoriz- ed by law. (June 25, 1910, c. 384, § 1, 36 Stat. 770.) § 7017. Leaves of absence—The employees of the Government Printing Office, whether employed by the piece or otherwise, shall be allowed leaves of absence with pay to the extent of not exceeding thirty dayS in any One fiscal year under such regulations and at such times as the Public Printer may designate at the rate of pay received by them during the time in which said leave was earned; but such leaves of ab- Sence shall not be allowed to accumulate from year to year. Such employees as are engaged On piece- work shall receive the same rate Of pay for the said Pro- vided, That those regularly employed on the Con- gressional Record shall receive leave, with pay, at the close of each session, pro rata for the time of such employment: And provided further, That it shall be lawful to allow pay for pro rata leave to . those Serving fractional parts of a year; also to al- low pay for pro rata leave of absence to employees of the Government Printing Office in any fiscal year, notwithstanding the fact that thirty days’ leave of absence, with pay, may have been granted to such employees in that fiscal year On account Of Service rendered in a previous fiscal year. And the Public Printer is hereby authorized to pay to the legal rep- resentatives of any employees who have died during the fiscal years of eighteen hundred and ninety-four, eighteen hundred and ninety-five, eighteen hundred and ninety-six, or may hereafter die, who have or hereafter may have any accrued leave of absence due them as such employees, and said claims to be paid Out of any unexpended balances of appropria- tions for the payment of leaves of absence to the em- ployees of the Government Printing Office, for the fiscal years eighteen hundred and ninety-four, eight- een hundred and ninety-five, eighteen hundred and ninety-Six, and out of any future appropriations for * Of absence. (June 11, 1896, c. 420, § 1, 29 Stat. 53. $ 7018. Same; payment of employés receiving annual salaries—Hereafter employees in the Govern- ment Printing Office receiving annual salaries fixed by law shall be allowed leave at the rate of pay re- ceived by them at the time such leave is granted, the Same to be payable from the specific appropriation # * Salaries. (June 25, 1910, c. 384, § 1, 36 Stat. § 7019. Form and style of work for Depart- ments—The forms and style in which the printing or binding Ordered by any of the Departments shall be executed, and the material and the size of type to be used, shall be determined by the Public Printer, hav- ing proper regard to economy, workmanship, and the purposes for which the work is needed. (Jan. 12, 1895, c. 23, § 51, 28 Stat. 608.) s § 7020. Sale of duplicate plates; copyright- The Public Printer shall sell, under such regulations as the Joint Committee on Printing may prescribe, to any person Or perSons who may apply additional Or duplicate stereotype or electrotype plates from which any Government publication is printed, at a price not to exceed the cost Of Composition, the metal and mak- ing to the Government and ten per centum added: Provided, That the full amount of the price shall be paid when the order is filed: And provided further, That no publication reprinted from such stereotype or electrotype plates and no other Government pub- lication shall be copyrighted. (Jan. 12, 1895, c. 23, § 52, 28 Stat. 608.) . § 7021. Duplicate orders to print—The Public Printer shall examine closely the Orders of the Sen- & 7022 (Tit. 45 PUBLIC PRINTING IPage 112.01 ate and House for printing, and in case of duplica- tion he shall print under the first Order received. (Jan. 12, 1895, c. 23, § 53, 28 Stat. 608.) § 7022. “Jsual number” of documents and re- ports; distribution of House and Senate docu- ments and reports; binding; reports on private bills; number of copies printed; distribution- Whenever any document or report shall be Ordered printed by Congress, such order to print shall signify the “usual number” of copies for binding and distri- bution among those entitled to receive them. No greater number shall be printed unless Ordered by either House, or as hereinafter provided. When a Spe- cial number of a document or report is Ordered print- ed, the usual number shall also be printed, unless already ordered. The usual. number of documents and reports shall be one thousand six hundred and eighty-two copies, which shall be distributed as fol- lows: - Of the House DOCUIments and ReportS, Unbound.— - To the Senate document room, One hundred and fifty copies; to the office of the Secretary of the Senate, ten copies; to the House document room, four hun- dred and twenty copies; to the Clerk’s Office of the House, twenty copies. s - Of the Senate Documents and Reports, Unbound.— To the Senate document room, two hundred and twen- ty copies; office of the Secretary of the Senate, ten copies; to the House document room, three hundred and sixty copies; to the Clerk’s office of the House, ten Copies. - That of the number printed, the Public Printer shall bind one thousand and eighty-two copies, Which shall be distributed as follows: - - Of the House Documents and Reports, Bound.— To the Senate Library, fifteen copies; to the Library of Congress, two copies, and fifty additional copies for foreign exchanges; to the House Library, fifteen copies; to the superintendent of documents, five hun- dred copies, for distribution to the State and Terri- torial libraries and designated depositories. Of the Senate DOCuments and ReportS, Bound.— To the Senate Library, fifteen copies; to the Library of Congress, two copies, and fifty copies additional for foreign exchanges; to House Library, fifteen copies; to the superintendent of documents, five hun- dred copies, for distribution to State and Territorial libraries and designated depositories. These docu- ments shall be bound in full sheep, and in binding documents the Public Printer shall give precedence to those that are to be distributed to libraries and to designated depositories: Provided, That any State or Territorial library Or designated depository entitled to documents that may prefer to have its documents in unbound form, may do SO by notifying the Super- intendent of documents to that effect prior to the Con- vening of each Congress. [The remainder Of Said documents and reports Shall be reserved by the Public Printer in unstitched form, and shall be held Subject to be bound in the number provided by law, upon orders from the Vice-President, Senators, Representatives, Delegates, Secretary of the Senate, and Clerk of the House, in such binding as they shall select, except full morocco or calf; and when not called for and delivered within two years after printing shall be delivered in unbound form to the superintendent of documents for distribution.] All of the “usual number” shall be printed at One time. - Hereafter the usual number of reports on private bills, concurrent Or simple resolutions, shall not be printed. In lieu thereof there shall be printed of each Senate report on a private bill, simple or concurrent resolution, three hundred and forty-five copies, which Shall be distributed as follows: TO the Senate doc- ument room, two hundred and twenty copies; to the Secretary Of the Senate, fifteen copies; to the House document room, One hundred Copies; to the superin- tendent of documents, ten copies; and of each House report on a private bill, simple or concurrent resolu- tion, two hundred and sixty copies, which shall be distributed as follows: To the Senate document room, one hundred and thirty-five copies; to the Sec- retary of the Senate, fifteen copies ; to the House document room, one hundred copies; to the superin- tendent Of documents, ten COpies: Provided, That nothing COntained in this Act shall be construed to prevent the binding of all Senate and House reports in the reserve volumes bound for and delivered to the Senate and House libraries: Provided, That not less than twelve copies of each report on bills for the payment or adjudication of claims against the Government shall be kept on file in the Senate docu- ment room. (Jan. 12, 1895, c. 23, § 54, 28 Stat. 608, amended, Jan. 20, 1905, c. 50, § 1, 33 Stat. 610.) § 7023. Same; printing of documents and re- ports to be reserved, discontinued; special bind- ing of one copy—That part of section fifty-four of an Act approved January twelfth, eighteen hundred and ninety-five, providing for the public printing and binding and the distribution of public documents which reads as follows: “The remainder of said doc- uments and reports shall be reserved by the Public Printer in unstitched form, and shall be held Sub- ject to be bound in the number provided by law, upon Orders from the Vice-President, Senators, Represent- atives, Delegates, Secretary of the Senate, and Clerk of the House, in such binding as they shall select, eXcept full morocco or calf; and when not called for and delivered within two years after printing shall be delivered in unbound form to the Superintendent of Documents for distribution,” as amended by Pub- lic Resolution Numbered Thirty-six, approved June thirtieth, nineteen hundred and two, is hereby repeal- ed, to take effect at the close of the Second Session of the Sixty-first Congress, and the reserved documents and reportS therein provided shall thereafter not be printed: Provided, That nothing herein shall operate to abridge in any way the right of the Vice-President, Senators, Representatives, Delegates, Resident Com- missioners, Secretary Of the Senate, and Clerk of the House to have bound in half morocco, or material not more expensive, One Copy of every public docu- ment to which he may be entitled. (June 25, 1910, c. 439, § 1, 36 Stat. 868.) - - § 7024. Senate and House documents and re- ports for Department of State—The Public Printer be, and he is hereby, authorized and directed to print, in addition to the usual number, and furnish the De- partment of State with twenty copies of each Senate and EHouse of Representatives document and report. (Feb. 7, 1896, No. 14, 29 Stat. 463.) § 7025. Bills and resolutions; number and dis- tribution; “Private bills” defined—There shall be printed of each Senate and House public bill and joint resolution six hundred and twenty-five copies, which shall be distributed as follows: To the Senate docu- ment room, two hundred and twenty-five copies; of- fice of Secretary of Senate, fifteen copies; EIouse doc- unment room, three hundred and eighty-five copies. There shall be printed of each Senate private bill, when introduced, when reported, and when passed, three hundred copies, which shall be distributed as follows: To the Senate document room, One hundred and seventy copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hun- dred copies; to the superintendent of documents, ten copies. There shall be printed of each House private bill, when introduced, When reported, and when pass- ed, two hundred and sixty copies, which shall be distributed as follows: To the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of documents, ten copies. The term ‘private bill’ shall be construed to mean all bills for the relief of private Tit. 45) & 7034 PUBLIC PRINTING [Page 11211 parties, bills granting pensions, bills removing politi- cal disabilities, and bills for the survey of rivers and harbors. All bills and resolutions shall be print- ed in bill form, and, unless Specially Ordered by either House, shall only be printed when referred to a com- mittee, when favorably reported back, and after their passage by either House. Of concurrent and simple resolutions, when reported, and after their passage by either House, only two hundred and sixty copies shall be printed, except by Special order, and the same shall be distributed as follows: To the Senate document room, one hundred and thirty-five copies; to the Sec- retary of the Senate, fifteen copies; to the House doc- ument room, one hundred copies; to the superintend- ent of documents, ten copies. (Jan. 12, 1895, c. 23, § 55, 28 Stat. 609, amended, Jan. 20, 1905, c. 50, § 2, 33 Stat. 611.) - See § 12. - § 7026. Distribution of documents to Library of Congress—That of the publications described in this section the number of copies which shall be print- ed and distributed by the Public Printer to the Library of Congress for its own use and for international ex- change in lieu of the number now provided by law shall be sixty-two, except as such number shall be enlarged to not exceeding one hundred copies by re- quest of the Librarian of Congress, to wit: The House documents and reports, bound; the Senate documents and reports, bound; the EIouse Journals, bound; the Senate Journals, bound; all other documents bearing a Congressional number and all documents not bear- ing a Congressional number printed by Order of either House of Congress, or by order of any Department, bureau, Commission, or officer of the GOVernment, ex- Cept confidential matter, blank forms, and Circular letters not of a public Character ; gressional Record, bound; the Official Register of the United States, bound. 31 Stat. 1464.) See §§ 7022-7025, 7029–7031, 7053–7095, 7165. § 7027. Additional copies—That in addition to the foregoing the Public Printer shall supply to the Library of Congress for its own use two copies of each of the above-described publications, unbound, as published; five copies of all bills and resolutions; ten copies of the daily Congressional Record; and two copies of all documents printed for the use of Congressional committees not of a confidential charac- ter. (March 2, 1901, No. 16, § 2, 31 Stat. 1464.) § 7028. Publications printed elsewhere than at Printing Office–That of any publication printed at the Government expense by direction of any De- partment, Commission, bureau, Or Officer Of the GOV- ernment elsewhere than at the Government Printing Office there shall be supplied to the Library of Con- gress for its own use and for international exchange sixty-two copies, except as such number shall be en- larged to not exceeding One hundred Copies by re- quest of the Joint Committee on the Library. (March 2, 1901, No. 16, § 3, 31 Stat. 1465.) § 7029. Public and private laws, postal con- ventions, and treaties—There shall be printed in slip form one thousand eight hundred and ten copies of public and four hundred and sixty of private laws, postal conventions, and treaties, which shall be dis- tributed as follows: To the House document room, one thousand copies of public and one hundred copies of private laws; to the Senate document room, five hundred and fifty copies of public and one hundred copies of private laws; to the Department of State, five hundred copies of all laws ; and to the Treasury Department, Sixty Of all laws. Postal Conventions and treaties shall be distribut- ed as private laws. (Jan. 12, 1895, c. 23, § 56, 28 Stat. 609.) - § § 7030. Journals of Houses of Congress— There shall be printed Of the Journals of the Senate COMP.ST.’18—71 - the Revised Stat- utes, bound; the Statutes at Large, bound ; the Con- (March 2, 1901, No. 16, § 1, and House of Representatives seven hundred and tWenty Copies, which shall be distributed as follows: To the Senate document room, ninety copies for dis- tribution to Senators, and twenty-five additional cop- ies; to the Senate Library, ten copies; to the House dOCument room, three hundred and sixty copies for distribution to members, and twenty-five additional copies; to the Department of State, four copies; to the Superintendent of documents, one hundred and forty-four copies to be distributed to three libraries in each of the States, and Territories to be designated by the superintendent of documents; to the Library of Congress, twenty-five copies; to the Court of Claims, two copies, and to the Library of the House of Representatives, ten copies. The remaining num- ber of the Journals of the Senate and House of Rep- resentatives, consisting of twenty-five copies, shall be furnished to the Secretary of the Senate and the Clerk Of the House of Representatives, respectively, as the necessities of their respective offices may require, as rapidly as signatures are completed for such distribu- tion. (Jan. 12, 1895, c. 23, § 57, 28 Stat. 609.) § 7031. Publications for department or officer —Whenever printing not bearing a Congressional num- ber shall be done for any department or officer of the Government, except confidential matter, blank forms, and circular letters not of a public character, or shall be done for use of Congressional committees, not of a confidential character, two copies shall be sent, un- less withheld by order of the committee, by the Pub- lic Printer to the Senate and House Libraries, re- spectively, and one copy each to the document rooms of the Senate and House, for reference; and these copies shall not be removed; and of all publications of the Executive Departments not intended for their especial use, but made for distribution, five hundred copies shall be at once delivered to the superintend- ent of documents for distribution to designated de- positories and State and Territorial libraries. (Jan. 12, 1895, c. 23, § 58, 28 Stat. 610.) . . ,” § 7032. (Par. 3.) Printing for committees of Congress—No committee of Congress shall be em- powered to procure the printing of more than One thousand copies of any hearing or other document, which shall be germane thereto, for its use except by simple, concurrent, or joint resolution, as hereinaft- er provided. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) § 7033. (Par. 4.) Printing extra copies—Or- ders for printing extra copies, otherwise than herein provided for, shall be by simple, concurrent, or joint resolution. Either House may print extra Copies to the amount of five hundred dollars by simple resolu- tion; if the cost exceeds that sum, the printing shall be ordered by concurrent resolution, except when the resolution is self-appropriating, when it shall be by joint resolution. Such resolutions, when presented to either House, shall be referred immediately to the Committee on Printing, who, in making their report, shall give the probable cost of the proposed printing upon the estimate of the Public Printer; and no extra copies shall be printed before such committee has re- ported: Provided, That the printing of additional copies may be performed upon orders of the Joint Committee on Printing within a limit of two hundred dollars in cost in any one instance: And provided fur- ther, That nothing in this paragraph shall be held to contravene the provisions of Public Resolution Num- bered Eleven, approved March twenty-eighth, nineteen hundred and four. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) - - § 7034. (Par. 5.) “Extra copies” defined— The term “extra copies” as used herein shall be con- strued to mean Copies in addition to the usual num- ber as defined in the Act providing for the public printing and binding and the distribution of public ź 7035 (Tit. 45 PUBLIC PRINTING documents, approved January twelfth, eighteen hun- dred and ninety-five, and amendments thereto. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) § 7035. (Par. 6.) Printing of documents not provided, for by law—Either House may order the printing of a document not already provided for by existing law, but only when the same shall be accom- panied by an estimate from the Public Printer as to the probable cost thereof. Any Executive Depart- ment, bureau, board, or independent office of the Gov- ernment Submitting reports or documents in response to inquiries from Congress shall submit therewith an estimate of the probable cost of printing to the usual number. Nothing in this paragraph relating to es- timates shall apply to reports or documents not ex- ceeding fifty pages. (Jan. 12, 1895, c. 23, § 2, 28 Stat. º amended, March 1, 1907, c. 2284, § 1, 34 Stat. * 2.) - - $ 7036. Lapse of authority to print, when— That in the printing of any document or report, or any publication authorized by law to be printed, or hereafter authorized to be printed, for distribution by Congress, the whole number of copies of which shall not have been ordered within two years from the date of the original order, the authority to print Shall lapse, except as Orders for Subsequent editions may be approved by the Joint Committee on Printing, and then in no instance shall the whole number exceed the number originally authorized by law. (March 1, 1907, c. 2284, § 5, 34 Stat. 1014.) § 7037. , Senate and House document rooms; superintendents—There shall be one document room of the Senate and one of the House of Representatives, to be designated, respectively, the “Senate and House document room.” Each shall be in charge of a super- intendent, who shall be appointed by the Sergeant-at- Arms of the Senate and the Doorkeeper of the House, respectively, who shall also appoint the necessary number of assistants: Provided, That this section shall not take effect until the first day of the first session of the Fifty-Fourth Congress. (Jan. 12, 1895, c. 23, § 60, 28 Stat. 610.) § 7038. Same; under Secretary of Senate— Document Room: * * And the said document room is hereby transferred to and placed under the jurisdic- tion of the Secretary of the Senate. c. 830, § 1, 31 Stat. 962.) § 7039. Superintendent of Documents; sale of documents—The Public Printer shall appoint a com- petent person to act as Superintendent of Documents, and shall fix his salary. The Superintendent of Docu- ments so designated and appointed is hereby authoriz- ed to sell at cost any public document in his charge, the distribution of which is not herein Specifically di- rected, said cost to be estimated by the Public Printer and based upon printing from stereotyped plates; but only one copy of any document shall be sold to the same person, excepting libraries or schools by which additional COpies are desired for separate depart- ments thereof, and members of Congress ; and When- ever any officer of the Government having in his Charge documents published for sale shall desire to be relieved of the same, he is hereby authorized to turn them over to the superintendent of documents, who shall receive and Sell them under the provisions Of this Section. All moneys received from the sale of documents shall be returned to the Public Printer on the first day of each month and be by him covered into the Treasury monthly, and the superintendent of doc- uments shall report annually the number of copies of each and every document sold by him, and the price of the same. He shall also report monthly to the Public Printer the number of documents received by him and the disposition made of the same. He shall have general supervision of the distribution of all public documents, and to his custody shall be commit- ted all documents subject to distribution, excepting those printed for the special official use of the Exec- [Page 1122] (March 3, 1901, Congress. utive Departments, which shall be delivered to said Departments, and those printed for the use of the two Houses of Congress, which shall be delivered to the folding rooms of said Houses and distributed or de- livered ready for distribution to Members and Dele- gates upon their order by the superintendents of the folding rooms of the Senate and House of Rep- resentatives. (Jan. 12, 1895, c. 23, § 61, 28 Stat. 610.) See § 513a. § 7040. Same; control of office—The office of the Superintendent of documents shall be under the COntrol of the Public Printer as heretofore ; the dis- bursements on account of salaries or other expenses of the office of the superintendent of documents shall be made by the Public Printer, and a statement there- of shall be included in his annual report for each fis- cal year. (June 25, 1910, c. 384, § 1, 36 Stat. 770.) § 7041. Index of documents; number and dis- tribution—The Superintendent of Documents shall, at the close of each regular session of Congress, pre- pare and publish a comprehensive index of public documents, beginning with the Fifty-third Congress, Upon such plan as shall be approved by the Joint Committee on Printing; and the Public Printer shall, immediately upon its publication, deliver to him a copy of each and every document printed by the Gov. ernment Printing Office; and the head of each of the Executive Departments, bureaus, and offices of the Government shall deliver to him a Copy of each and every document issued Or published by Such Department, bureau, or Office not confidential in its character. He shall also prepare and print in one volume a consolidated index of Congressional docu- ments, and shall index such single volumes Of dOCUl- ments as the Joint Committee on Printing shall di- rect. Of the comprehensive index and of the consoli- dated index two thousand copies each shall be printed and bound in addition to the usual number, two hun- dred copies for the use of the Senate, eight hundred copies for the use of the House, and one thousand copies for distribution by the Superintendent of Docu- ments. (Jan. 12, 1895, c. 23, § 62, 28 Stat. 610.) . § 7042. Disposition of documents stored at Capitol—The Secretary and Sergeant-at-Arms Of the Senate and the Clerk and DOOrkeeper Of the HOUSe Of Representatives shall cause an invoice to be made Of all public documents Stored in and, about the Capi- tol, Other than those belonging to the Quota of mem- bers of the present Congress, to the Library Of Con- gress and the Senate and House Libraries and docu- ment rooms, and all Such documents shall by the superintendents, respectively, of the Senate and House folding rooms be put to the credit of Sena- tors, Representatives, and Delegates of the present Congress, in quantities equal in the number of vol- umes and as nearly as possible in value, to each member of Congress, and said documents shall be diss tributed upon the Orders of Senators, Representatives, and Delegates, each of whom shall be supplied by the superintendents of the folding rooms with a list of the number and character of the publications thus put to his credit: Provided, That before said appor- tionment is made COpies Of any of these documents de- sired for the use of committees of the Senate or House shall be delivered to the chairmen of such committees: And provided further, That four copies of each and all leather-bound documents shall be reserved and carefully stored, to be used hereafter in supplying deficiencies in the Senate and HOUSe Libraries CauS- ed by wear or loss, and a similar invoice shall be pre- pared and distribution made as above provided at the convening in regular Session of each successive (Jan. 12, 1895, c. 23, § 63, 28 Stat. 611.) § 7043. Office of Superintendent of Docu- ments in Interior Department abolished; dis- tribution of reports of Eleventh Census—Upon the appointment of the Superintendent of Documents, as hereinbefore provided, the office of the Superin- tendent Of DOCulments in the Department Of the In- terior shall be, and is hereby, abolished, and all laws Tit. 45). ź 7054(2) PUIBLIC PRINTING - now in force providing for the delivery to the De- partment of the Interior of public documents for dis- tribution, other than such as are for the use of that Department, shall be, and the same are hereby, re- pealed: Provided, That the distribution of the re- ports of the Eleventh Census shall be continued and completed by the Superintendent of Documents, under existing laws and regulations. (Jan. 12, 1895, c. 23, § 64, 28 Stat. 611.) § 7044. Assistants, blanks, printing and binding for Superintendent of Documents—The Public Printer is hereby authorized and directed, upon the requisition of the Superintendent of Documents, to appoint such assistants as may be necessary, and furnish such blanks and to do such printing and bind- ing as are required by his office, the cost of the same to be charged against the appropriation for printing and binding for Congress, and the Public Printer shall provide convenient Office, storage, and distributing rooms for the use of the Superintendent Of DOCu- ments. (Jan. 12, 1895, c. 23, § 66, 28 Stat. 611.) -- § 7045. Delivery of documents in charge of Departments to Superintendent of Doeurments- All documents at present remaining in charge of the several Executive Departments, bureaus, and offices of the Government not required for Official use shall be delivered to the Superintendent of Documents, and hereafter all public documents accumulating in said Departments, bureaus, and Offices not needed for Of- ficial use shall be annually turned over to the Su- perintendent of Documents for distribution or sale. (Jan. 12, 1895, c. 23, § 67, 28 Stat. 611.) - § 7046. Distribution of documents to Con- gressmen—Whenever in the division among Senators, Representatives, and Delegates of documents printed for the use of Congress there shall be an apportion- ment to each or either House in round numbers, the Public Printer shall not deliver the full number so accredited at the respective folding rooms, but only the largest multiple of the number constituting the full membership of each or either House, including the Secretary and Sergeant-at-Arms of the Senate and Clerk, Sergeant-at-Arms, and Doorkeeper of the House, which shall be contained in the round numbers thus accredited to each or either House, so that the number delivered shall divide evenly and without re- mainder among the members of the House to which they are delivered ; , and the remainder of the docu- ments thus resulting shall be turned over to the su- perintendent of documents, to be distributed by him, first, to public and school libraries for the purpose of completing broken sets; second, to public and school libraries that have not been supplied with any por- tions of such sets, and, lastly, by sale to other per- sons; said libraries to be named to him by Senators, Representatives, and Delegates in Congress; and in this distribution the superintendent of documents shall see that as far as practicable an equal allow- ance is made to each Senator, Representative, and Delegate. (Jan. 12, 1895, c. 23, § 68, 28 Stat. 612, amended, April 6, 1904, c. 862, 33 Stat. 159.) - $ 7047. Distribution of copies of Congres- sional Record, and of bills, documents, and re- ports to governor-general of Philippines—The Public Printer is hereby authorized to furnish gratui- tously to the governor-general Of the Philippine IS- lands at Manila ten copies of the daily Congressional Record and three copies of all bills, resolutions, docu- ments, and reports, as printed, and he is hereby di- rected to print, if necessary, the extra number re- quired to comply with this Act." (March 4, 1909, c. 317, § 1, 35 Stat. 1067.) - - § 7048. Catalogue of Government publica- tions—A catalogue of Government publications shall be prepared by the Superintendent of Documents on the first day of each month, which shall show the documents printed during the preceding month, where Obtainable, and the price thereof. Two thousand COpies of Such catalogue shall be printed in pamphlet [Page 11231 - . form for distribution. Stat. 612.) $ 7049. Investigation of libraries designated as depositories—The Superintendent Of Documents Shall thoroughly investigate the condition of all li- braries that are now designated depositories, and Whenever he shall ascertain that the number of books in any such library, other than college libraries, is below one thousand, other than Government publica- tions, or it has ceased to be maintained as a public (Jan. 12, 1895, c. 23, § 69, 28 , library, he shall Strike the same from the list, and the Senator, Representative, or Delegate shall designate another depository that shall meet the conditions herein required. (Jan. 12, 1895, c. 23, $ 70, 28 Stat. 612.) § 7050. Senate and House folding rooms; su- perintendents—There shall be one folding room of the Senate and One folding room of the House of Rep- resentatives. They shall be in charge of superin- tendents, appointed respectively by the Sergeant-at- Arms of the Senate and DOOrkeeper of the House, who shall also appoint the necessary assistants. All reports or documents to be distributed for Senators, Representatives, and Delegates shall be folded and distributed from the folding rooms, unless otherwise ordered and each Senator, Representative and Dele- gate shall be notified in writing Once every sixty days of the number and character of publications on hand and assigned to him for use and distribution. (Jan. 12, 1895, c. 23, § 71, 28 Stat. 612.) § 7051. documents—Any Senator, Representative, or Dele- gate having public documents to his credit at the ex- piration of his term of Office shall take the same prior. to the convening of the next succeeding Congress, and if he shall not do so within such period he shall for- feit them to his successor in office. (Jan. 12, 1895, c. 23, § 72, 28 Stat. 612.) . . . . - - § 7052. Time for distribution of documents by Congressmen extended—The time allowed Mem- 'bers of the Fifty-fourth Congress to distribute public documents to their credit, or the credit of their re- ... spective districts in the Interior or other Departments and Bureaus, and in the Government Printing Office, on March first, eighteen hundred and ninety-seven, and to present the names of libraries, public institu- tions, and individuals to receive such documents, be, and the same is hereby, extended to December first, eighteen hundred and ninety-seven, and hereafter the time for such distribution by Members of Congress reelected shall continue during their successive terms and until their right to frank documents shall end. (June 4, 1897, c. 2, § 1, 30 Stat. 62.) * § 7053. (1) Extra copies of documents and reports—Extra copies of documents and reports shall be printed promptly when the same shall be ready for publication, and shall be bound in paper or cloth as directed by the Joint Committee on Printing, and shall be of the number following in addition to the usual number. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 612.) - - § 70.54. (2) Report of Secretary of Agricul- ture—The Annual Report of the Secretary of Agri. Culture shall hereafter be submitted and printed in two parts, as follows: Part one, which shall contain purely business and executive matter which it is nec- essary for the Secretary to submit to the President and Congress; part two, which shall contain such reports from the different bureaus and divisions, and such papers prepared by their special agents, accom- panied by suitable illustrations as shall, in the opin- ion of the Secretary, be specially suited to interesf and instruct the farmers of the country, and to in clude a general report of the operations of the De partment for their information. There shall be print. ed of part one, one thousand copies for the Senate, two thousand copies for the House, and three thou. Sand copies for the Department of Agriculture; and of part two, one hundred and ten thousand copies for the use of the Senate, three hundred and sixty thou- Rights of retiring Congressmen to . # 7055(3): (Tit. 45 PUBLIC PRINTING sand copies for the use of the House of Representa- tives, and thirty thousand copies for the use of the Department of Agriculture, the illustrations for the Same to be executed under the Supervision of the Public Printer, in accordance with directions of the Joint Committee on Printing, said illustrations to be subject to the approval of the Secretary of Agricul- ture; and the title of each of the said parts shall be Such as to Show that such part is complete in itself: Provided, That One edition of Seventy-five thousand copies of the Special Report on Diseases of the Horse be printed, of which fifty thousand copies shall be for the use of the House of Representatives, and twenty- five thousand copies for the use of the Senate. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 612.) - - § 7055. (3) Report of Bureau of Animal In- dustry—Of the Report of the Bureau of Animal In- dustry, thirty thousand copies, of which seven thou- sand shall be for the Senate, fourteen thousand for the House, and nine thousand for distribution by the Agricultural Department. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) - $ 7056. reau, four thousand copies; the Senate, two thousand copies for the House, and one thousand copies for the Bureau. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) - § 7057. (5) Ephemeris and Nautical Alma- nae; sale—Of the Ephemeris and Nautical Almanac and of the papers supplementary thereto, One thou- sand five hundred copies; one hundred copies for the Senate, four hundred for the House, and one thousand for distribution or sale by the Navy Department. The five hundred copies printed for Congress and the usual number shall be for the calendar year next fol- lowing, and those for the Navy Department for the third year following. The Secretary of the Navy is also authorized to cause additional copies of the Ephemeris, and Of the Nautical Almanacs extracted therefrom, to be printed for the public service and for sale to navigators and others: Provided, That all moneys received from sales of the Ephemeris and of the Nautical Almanacs shall be deposited in the Treasury and placed to the credit of the general fund for public printing. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) - - § 7058. tory—Of the Observations of the Naval Observatory, one thousand eight hundred copies; three hundred for the Senate, seven hundred for the House, and eight hundred for distribution by the Naval Observatory, and of the astronomical appendixes to the above ob- servations, one thousand two hundred separate copies, and of the meteorological and fragnetic observations one thousand separate copies for distribution by the Naval Observatory. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) • " - § 7059. (7) Report of Coast and Geodetic Survey—Of the Report of the Superintendent of the Coast and Geodetic Survey, two thousand eight hun- dred copies in quarto form, bound in one volume, two hundred for the Senate, six hundred for the House, and two thousand for distribution by the Coast and Geodetic Survey. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613, amended, April 20, 1896, No. 46, 29 Stat. 471.) § 7060. (8) Reports on Commercial and For- eign Relations—Of Commercial Relations, and of Foreign Relations, three thousand copies of each; one thousand for the Senate and two thousand for the House. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) § 7061. - Of the Report of the Bureau of Ethnology, uniform with the preceding volumes of the series, eight thou- sand copies, one thousand five hundred for the Sen- ate, three thousand for the House, and three thousand five hundred for distribution by the Bureau of Eth- nology. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 613.) IPage 11241 . (4) Report of Weather Bureau—Of the Annual Report of the Chief of the Weather Bu- - - One thousand Copies for vey. - - Commerce Commission, three thousand copies; (6) Observations of Naval Observa- of the United States, volume one, - eighteen hundred and seventy-four to eighteen hun- (9) Report of Bureau of Ethnology— - § 7062. (10) Report of Commissioner of Fish and Fisheries—Of the Report of the Commissioner Of Fish and Fisheries, eight thousand copies; two thousand for the Senate, four thousand for the House, and two thousand for distribution by the Fish Com- mission. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) § 7063. (11) Bulletins of Fish Commission— Of the Bulletins of the Fish Commission, five thou- Sand copies; one thousand for the Senate, two thou-. Sand for the HOuse, and two thousand for distribu- tion by the Commission. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) - - § 7064. (12) Report of Health Officer of Dis- : trict of Columbia—Of the Report of the Health Offi- | cer of the District of Columbia, One thousand five hundred copies; one hundred for the Senate, three hundred and sixty for the House, and Öne thousand and forty for distribution by the health officer. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) § 7065. (13) Report of Civil Service Commis- sion—Of the Report of the Civil Service Commission, twenty-three thousand copies; one thousand for the Senate, two thousand for the House, and twenty thousand for distribution by the Civil Service Com- mission. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) § 7066. (14) Report of Commissioner of Edu- cation—Of the Report of the Commissioner of Educa- tion, thirty-five thousand copies; five thousand for the Senate, ten thousand for the House, and twenty thousand for distribution by the Commissioner of Education. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) § 7067. (15) Report of Geological Survey—Of the Report of the Geological Survey, uniform with the preceding reports, ten thousand copies; two thou- sand for the Senate, four thousand for the House, four thousand for distribution by the Geological Sur- (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) § 7068. (16). Report of Commissioner of Liaº- bor—Of the Report of the Commissioner of Labor, twenty-five thousand copies; five thousand for the Senate, ten thousand for the House, and ten thousand for distribution by the Commissioner of Labor. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) See §§ 932–936, 940-942. § 7069, (17) Report of Interstate Commerce Commission—Of the Annual Report Of the Interstate Oſle thousand for the Senate, two thousand for the House, and for the use of the Commission there may be print- ed such number of said report and other documents incident to interstate commerce for distribution by them as they may deem expedient. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) - § 7070. (18) Revised Statutes and Supple- ments—The Secretary of State shall cause to be print- ed and bound at the Government Printing Office as many volumes of the Revised Statutes of the United States, and the Supplement to the Revised Statutes Second edition, dred and ninety-one, authorized under the Act Of April ninth, eighteen hundred and ninety, as may be needed for distribution to designated depositories, State and Territorial libraries and to United States courts not already supplied, and for sale by his office at the cost thereof. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614.) - See § 1522. º - § 7071. (19–22) Pamphlet copies of statutes —The Secretary of State shall cause to be 'edited, printed, published, and distributed pamphlet Copies of the statutes of the present and each future Session of Congress to the officers and persons hereinafter pro- vided for; said distribution shall be made at the close of every session of CongreSS, as follows: - To the President and Vice-President of the United States, two copies each; to each Senator, Representa- tive and Delegate in Congress, one copy; to the Libra- rian of the Senate, for the use of Senators, One hun. Tit. 45) 3 7080 (32) PUBI,IC PRINTING [Page 11251 dred copies; to the Librarian of the House, two hun- dred copies, for the use of Representatives and Dele- gates; to the Library of Congress, fourteen COpies; to the Department of State, including those for the use of legations and COnsulates, six hundred COpies; to the Treasury Department, three hundred copies; to the War Department, two hundred copies; to the Navy Department, one hundred copies; to the De- partment of the Interior, including those for the use of the Surveyors-general and registers and receivers of public land offices, two hundred and fifty copies; to the Post-Office Department, fifty copies; to the Interstate Commerce Commission, ten Copies; to the Civil Service Commission, three copies; to the De- partment of Justice, including those for the IISe Of the Chief Justice and associate justices Of the Su- preme Court and the judges and Officers of the United States and Territorial courts, five hundred copies; to the Department of Agriculture, fifty copies; to the Department of Commerce and Labor, three hundred Copies; to the Smithsonian Institution, five Copies; to the Government Printing Office, two copies; to the governors and secretaries of Territories, one copy each. - - The Secretary of State is authorized to have printed as many additional copies of the pamphlet laws as he may deem needful for distribution and Sale by him, at cost price, not exceeding One thousand copies Of the laws Of any One session in any One year. The Public Printer shall deliver to the folding rooms Of the Senate and House of Representatives Seven thousand copies of the pamphlet laws, two thousand Copies Of Which shall be for the Senate and five thou- Sand Copies for the House, and to the Superintendent of documents five hundred copies, for distribution to State and Territorial libraries and to designated de- positories. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 614, amended, April 28, 1904, c. 1791, 33 Stat. 542.) § 7072. (23, 24) Statutes at Large—After the close of each Congress the Secretary of State Shall have edited, printed, and bound a sufficient number Of the Volumes Containing the Statutes at Large enacted by that Congress to enable him to distribute COpies, or as many thereOf as may be needed, as follows: To the President of the United States, four COpies, One of which shall be for the library of the Executive Mansion; to the Vice-President of the United States, one copy; to each Senator, Representative, and Dele- gate in Congress, One Copy; to the Librarian Of the Senate, for the use of Senators, One hundred copies; to the Librarian Of the House, for the use of Repre- Sentatives and Delegates, two hundred COpies; to the Library of Congress, fourteen copies; including four copies for the Law Library; to the Department of State, including those for the use Of the legations and COnSulates, three hundred and eighty Copies; to the Treasury Department, including those for the use of officers of customs, three hundred copies; to the War Department, seventy-five copies; to the Navy Depart- ment, seventy-five copies; to the Department of the Interior, including those for the use of surveyors-gen- eral and registers and receivers of public land offices, two hundred and fifty copies; to the Post-Office De- partment, fifty copies; to the Interstate Commerce Commission, ten copies; to the Civil Service Commis- Sion, three copies; to the Department of Justice, in- Cluding those for the use Of the Chief Justice and as- SOciate justices of the Supreme Court, and the judges and the Officers Of the United States and Territorial Courts and to State Supreme Court libraries [five hun- dred copies;] to the Department of Agriculture, fifty Copies; to the Department Of Commerce and Labor, including those for the Officers Of the immigration service, three hundred copies; to the Smithsonian In- stitution, two copies; to the Government Printing Of- fice, one copy, and the Public Printer shall deliver five hundred copies of the Statutes at Large to the superintendent of documents for distribution to State and Territorial libraries and to designated deposi- tories. And the Secretary of State is authorized to have as many additional copies printed and bound as may in his Opinion be needed for distribution and sale at Cost thereof, not exceeding in any one year one thou- Sand copies of the laws of any one Congress. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 615, amended, April 28, 1904, c. 1791, 33 Stat. 542.) § 7073. (25) Paxmphlet copies of statutes and Statutes at Large as evidence—The pamphlet copies Of the Statutes and the bound copies of the Acts of each CongreSS shall be legal evidence of the laws and treaties therein COntained in all the Courts Of the Unit- ed States and Of the several States therein. The said pamphlet and the Statutes at Large shall contain all laws, joint and Concurrent resolutions passed by Con- greSS, and also all conventions, treaties, proclamations, and agreements. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 615.) See §§ 1529, 1531. - § 7074. (26) Presiſſilent’s message—The mes- Sage of the President without the accompanying docu- ments and reports shall be printed, immediately upon its receipt by Congress, in pamphlet form. Fifteen thousand shall be printed, of which five thousand Shall be for the Senate, and ten thousand for the House. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 615.) § 7075. (27) President’s message and accoms Ipanying documents, and reports of Departments —Of the President’s Message and accompanying docu- ments and Of the annual reports of the Departments to Congress there shall be printed one thousand cop- ies for the Senate and two thousand for the House: . Provided, That of the reports of the Chief of En- gineers of the Army, the Commissioner of Patents, the Commissioner of Internal Revenue, the report of the Chief Signal Officer of the War Department, and of the Chief of Ordnance, the usual number only shall be printed. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 615.) See §§ 279, 308, 871. § 7076. (28) Certain reports not to be print- ed unless ordered—The following reports required by law to be made to Congress shall not be printed unless the printing be recommended by the head of the Department making the same, and ordered by Concurrent resolution of Congress, namely: Report Of contracts for conveying the mails, report of fines and deductions in the Post-Office Department, the report Of the treasurer of accounts by him from time to time rendered to and settled with the First Comptroller, and the report of the proceedings of the annual meetings of the Board of Supervising In- Spectors of Steam Vessels. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7077. (29) Report of National Academy of Sciences—Of the Report of the National Academy of Sciences, two thousand copies, five hundred for the Senate, one thousand for the House, and five hundred for distribution by the Academy of Sciences. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7078. (30) Memoirs of National Academy of Sciences—Of the Memoirs of the National Acad- emy of Sciences, two thousand five hundred copies; five hundred for the Senate, one thousand for the House, and one thousand for distribution by the Academy of Sciences. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7079. (31) Report of American Historical Association—Of the Report of the American Histori- Cal Association, three thousand copies; five hundred for the Senate, One thousand for the House, and one thousand five hundred for distribution by the associa- tion and the Smithsonian Institution. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7080. (32) Army and Navy Registers—Of the Registers of the Army and Navy, fifteen hundred Copies of each ; five hundred for the Senate and one thousand for the House. (Jan. 12, 1895, c. 23, § 78, 28 Stat. 616.) & 7081 (33) (Tit. 45 PUBLIC PRINTING § 7081. (33) Report of Smithsonian Institu- tion—Of the Report of the Smithsonian Institution, ten thousand copies; one thousand for the Senate, two thousand for the House, five thousand for dis- tribution by the SmithSOnian Institution and tWO thousand for distribution by the National Museum. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) (34) [Repealed.] Paragraph 34 of section 73 of the Printing and Binding Act of 1895 provided for the printing, etc., of 1,500 copies of the reports of consular officers, 500 for the Senate, 1,000 for the House. It was repealed by Act June 25, 1910, c. 388, § 2, and provision for daily consular reports Was made in section 1 of said Act June 25, 1910, c. 388 ($ 7122). § 7082, (35) Statistical Abstract—Of the Statistical Abstract Of the United States, twelve thousand Copies; three thousand for the Senate, Six thousand for the House, and three thousand for dis- tribution by the Bureau of Statistics. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7083. (36) Iron and Steel Tests—Of the Tests of Iron and Steel, five hundred copies for dis- tribution by the War Department. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7084. (37–39) Treasury Department Re- ports—Of the Finance Report of the Secretary Of the Treasury, the Report On Commerce and Navigation, 9n Internal Commerce, Of the Director Of the Mint On the Production of Precious Metals, and of Min- eral Resources Of the United States, there shall be printed One thousand COpies of each for the Senate and two thousand for the HOUSe in addition to those published as part of the departmental report. Of the Annual Report of the Comptroller of the Currency thirteen thousand Copies; One thousand for the Senate, tWO thousand for the HOuse, and ten thousand for distribution by the Comptroller of the Currency. Of the Annual Report Of the Commissioner of Navi- gation of the Treasury Department, One thousand copies for the Senate, two thousand for the House, and One thousand copies for distribution by the Commissioner; and Of the Annual List Of Merchant Vessels of the United States, five thousand copies for distribution by the Treasury Department. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616, amended, March 4, 1907, No. 25, 34 Stat. 1425.) § 7085. (40) Report of Government Direc- tors of Union Pacific Railways—Of the Report Of the Government Directors Of the Union Pacific Rail- ways, one thousand five hundred copies; five hundred for the Senate and One thousand for the House. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7086. (41) Eulogies; engraving—There shall be printed of eulogies of deceased Senators, Repre- sentatives, and Delegates eight thousand copies, Of which number fifty copies, bound in full morocco, with gilt edges, shall be delivered to the family of the deceased, and One thousand nine hundred and fifty copies in cloth binding shall be delivered to the Senators, Representatives, or Delegates of the State or Territory represented by the deceased. The re- maining number, also in Cloth binding, ..shall be dis- tributed in the proportion of two thousand to the Senate and four thousand to the House. The engrav- ing for such eulogies shall be done at the Bureau of Engraving and Printing and paid for Out of the ap- propriation for that Bureau. Of the “usual number” the bound Volume shall Contain in One Volume for each House all eulogies during the session of Con- gress upon Senators and Representatives respective- ly. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 616.) § 7087. (42) Senate and House Manuals—Of the Senate Manual and of the Digest and Mariual of the House of Representatives, each House shall print as many COpies as it shall desire, even though the cost exceed five hundred dollars. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 617.) § 7088. (43) Congressional Directory—There Shall be prepared under the direction of the Joint [Page 1126] Committee on Printing a Congressional Directory, of which there shall be three editions during each long Session and two editions during each short session Of Congress. The first edition shall be distributed to Senators, Representatives, Delegates, the principal Officers of Congress, and heads of Departments on the first day of the session, and shall be ready for dis- tribution to others within one week thereafter. The number and distribution of such Directory shall be under the COntrol Of the Joint Committee on Print- ing. Official correspondence concerning the Directory may be had in penalty envelopes under the direction of the Joint Committee. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 617.) - See § 77. § 7 $33. (44) Abridgment of message and ae- companying documents—The Joint Committee. On Printing shall appoint a competent person, who shall edit. Such portion of the reports and documents ac- COmpanying the annual message of the President Or made directly to Congress as they may deem suitable for popular distribution, and prepare an alphabeti- Cal index thereto. The Public Printer shall furnish to the person SO designated copies of all the said reports and documents as soon as printed; and the abridgement of the message and documents shall be prepared for the Printer by the first day of January, Or as SOOn thereafter as practicable, Of each year, and shall be printed by the Public Printer as soon as copy is furnished him. There shall be printed of such abridgement twelve thousand copies, of which four thousand Shall be for the Senate and eight thou- sand for the House. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 617.) § 7090. (45-60) Congressional Record; sub- scriptions—The Public Printer Shall furnish the Congressional Record as follows and shall furnish gratuitously no others in addition thereto: To the Vice-President and each Senator, eighty- eight copies; and to the Secretary and Sergeant-at- Arms Of the Senate, each twenty copies, and to the Secretary for Office use ten copies; to each Repre- Sentative and Delegate, sixty copies, and to the Clerk and Doorkeeper of the House, each twenty copies, and to the Clerk, for Office use, ten copies; and to the Clerk for use of Members of the House of Repre- Sentatives fifty copies, and to the Sergeant-at-Arms of the Senate, for the use of the Senate, twenty copies to be supplied daily as originally published or in the revised and permanent form bound only in half Rus- sia, Or part in each form, as each may elect. TO the Vice-President and each Senator, Repre- Sentative, and Delegate there shall be furnished tWO COpies Of the daily Record, One to be delivered at his residence and One at the Capitol. - To the President, for use Of the Executive Office, four copies Of the daily and One bound COpy. To the Chief Justice and each of the associate justices of the Supreme Court of the United States, the marshal and clerk Of the Said COurt, One daily and One bound copy. . To the governor of each State and Territory, one copy of the daily and one bound copy of the Record. To the Official Reporter of the Senate and each of his assistant reporters, and to the Official reporters of the House, each two copies Of the daily and one copy of the bound Record. To the Superintendent Of the Senate and House dOCument rooms, each One Copy of the daily and One bOund COpy. º To the Library of Congress, forty-five bound copies. To the Senate and House libraries, twenty copies each. e - To the library of each of the eight Executive De- partments, and to the Naval Observatory, Smithso- nian Institution, the United States National Museum, the Department of Labor and Civil Service Commis- SiOn, One bound COpy. To the Soldiers’ Home, and to each of the national Tit. 45) & 7093 (69–77) PUBLIC PRINTING [Page 11271 homes for disabled volunteer Soldiers, and to each Of the State Soldiers’ Homes established for either Federal Or Confederate soldiers, One copy Of the daily. To the Superintendent of documents, five hundred bound copies for distribution to depositories Of pub- lic documentS. To each Of Our legations abroad, One COpy Of the daily Record, to be sent through the Secretary of . State. To each foreign legation in Washington whose government extends a like Courtesy to Our legations abroad, One Copy Of the daily Record, to be Sent through the Secretary of State and furnished upon his requisition. The Public Printer is authorized to furnish to Sub- Scribers the daily Record at eight dollars for the long and four dollars for the short session, or one dollar and fifty cents per month, payable in advance. The “usual number” of the Congressional Record shall Inot be printed. The daily and the permanent Record Shall bear the same date which shall be Of the ac- tual day’s proceedings reported therein. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 617, amended, June 11, 1896, c. 420, 29 Stat. 454, March 19, 1896, No. 31, 29 Stat. 468, and Jan. 30, 1903, c. 338, 32 Stat. 786.) (61) [Temporary.] Paragraph 61 of section 73 of the Printing and Binding Act of 1895 authorized the Secretary of War to furnish a COImplete set of the Official Records of the Union and Con- federate Armies to each Senator and Member of the exist- ing Congress. A similar provision was made by Act June 6, 1900, c. 791, § 1, 31 Stat. 632, for furnishing sets of the Official record of the rebellion to members of the Fifty- Sixth Congress. § 7091. (62) Report of public printer—There shall be printed of the Annual Report of the Public Printer One thousand copies, to be distributed under his direction, and he may retain out of all documents, bills, and resolutions printed the number of copies ab- solutely needful for the official use of the Government Printing Office, not exceeding five of each. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 618.) § 7092. (63-68) Official Register—To enable the officer charged with the duty of preparing the Official Register of the United States to publish the same, the Secretary of the Senate, the Clerk of the House of Representatives, the head of each Execu- tive Department of the Government, and the Chief of each and every bureau, office, Commission, Or in- Stitution not embraced in an Executive Department, in Connection with which salaries are paid from the Treasury of the United States, shall, on the first day of July in each year in which a new Congress is to assemble, cause to be filed with the Secretary Of the Interior a full and complete list of all officers, agents, clerks, and other employees of said Department, bureau, Office, Commission, or institution Connected with the legislative, executive, or judicial service of the Government, or paid from the United States Treasury, including military and naval officers of the United States, cadets, and midshipmen. Said lists shall exhibit the salary, compensation, and emoluments allowed to each of Said officers, agents, clerks, and other employees, the State or country in which he was born, the State or Territory and Congressional district and county of which he is a resident and from which he was appointed to office, and Where employed. . A list Of the names, force, and condition of all ships and vessels belonging to the United States, and when and where built, shall also be filed with the Secretary Of the Interior by the heads Of the Departments hav- ing SuperVision of such ships and vessels, for incor- poration in the Official Register. The POStrmaster-General shall furnish a statement Of all allowances made, during the period of two years. next preceding said first day of July above mentioned, to each contractor on contracts for carrying the mails, discriminating the sum paid as stipulated by the orig- | inal contract, and the sums paid as additional al- lowances. The Secretary of the Interior shall cause the Offi- cial Register to be edited, indexed, and published by the chief clerk of the Interior Department, On the first day of December following the first day of July above mentioned. - Of the Official Register three thousand copies shall be printed and bound, which shall be distributed as follows: To the President Of the United States, four copies, one copy of which shall be for the library Of the Executive Mansion; to the Vice-President of the United States, two Côpies; to each Senator, Repre- Sentative, and Delegate in Congress, One Copy ; to the Secretary and Sergeant-at-Arms Of the Senate, to the Clerk and Sergeant-at-Arms Of the House, One Copy each ; to the library of the Senate, ten copies; to the library of the House of Representatives, ten cop- ies; to the Library of Congress, twenty-five copies; to the Department of State, one hundred copies; to the Treasury Department, one hundred and fifty cop- ies; to the War Department, fifty copies; to the MaVy Department, twenty copies; to the Department Of Justice, twenty copies; to the Department of the Interior, two hundred copies; to the Post-Office De- partment, One hundred Copies; to the Department Of Agriculture, fifteen copies; to the Department of Commerce and Labor, one hundred and fifty copies; to the Smithsonian Institution, four copies; to the Government Printing Office, four copies; to the Inter- State Commerce Commission, two copies; to the Civil Service Commission, four copies; to the Commission- ers of the District of Columbia, two copies; and the remaining copies shall be delivered to the su- perintendent of documents, who is hereby authorized to Send One COpy to each designated depository and to Such public college or school library not a deposi- tory of public documents, and one copy to such other perSon as shall be designated by each Senator, Repre- Sentative, and Delegate in Congress, and shall hold the remainder for Sale under the provisions Of this law. The usual number of the Official Register shall not be printed. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 618, amended, April 28, 1904, c. 1791, 33 Stat. 542.) See §§ 511, 912. - § 7093. (69–77) Patent-Office printing—The Commissioner of Patents, upon the requisition of the Secretary Of the Interior, is authorized to continue the printing of the following: 1. Patents issued. First. The patents for inventions and designs is- Sued by the Patent Office, including grants, Specifica- tions, and drawings, together with copies of the same, and Of patents already issued, in such number as may be needed for the business of the Office. 2. Trade-marks and labels. Second. The Certificates of trade-marks and labels registered in the Patent Office, including descriptions and drawings, together with copies of the same, and of trade-marks and labels heretofore registered, in Such numbers as may be needed for the business of the Office. t 3. Official Gazette. Third. The Official Gazette Of the United States Patent Office in numbers sufficient to Supply all who shall Subscribe therefor at five dollars per annulm ; also to exchange for other scientific publications de- Sirable for the use Of the Patent Office; also to Sup- ply One copy to each Senator, Representative, and Delegate in Congress; also to supply One Copy to eight such public libraries having over One thousand volumes, exclusive of Government publications, as shall be designated by each Senator, Representative, and Delegate in Congress, with one hundred addi- tional copies, together with bimonthly and annual in- dexes for all the same; of the Official Gazette the usual number shall not be printed. . a 7093 (69–77). (Tit. 45 PUBLIC PRINTING [Page 1128] 4. Report of Commissioner of Patents. º Fourth. The Report of the Commissioner of Pat- ents for the fiscal year, not exceeding five hundred in number, for distribution by him ; the Annual Re- port of the Commissioner of Patents to Congress, With- out the list of patents, not exceeding One thousand five hundred in number, for distribution by him ; and of the Annual Report of the Commissioner of Patents to Congress, with the list of patents, five hundred copies for sale by him, if needed, and in addition there- to the usual number only shall be printed. 5. Specifications and drawings of patents. Fifth. Copies of the specifications and drawings of each patent issued, bound in monthly Volumes, One copy for each of the Executive Departments of the Government, one copy to be placed for free public inspection in each capitol of every State and Terri- tory, one for the like purpose in the clerk’s Office of the district Court of each judicial district of the United States, except when such offices are located in State or Territorial capitols, and one in the Library of Congress, which copies shall be certified under the hand of the Commissioner and seal of the Patent Office, and . shall not be taken from the depositories for any other purpose than to be used as evidence; also one hundred additional copies of the same, for sale by him at a price to be fixed by the Secretary of the Interior. The “usual number” shall not be printed. See § 7129. 6. Rules of practice, patent laws, etc. Sixth. Pamphlet copies of the rules of practice, panmphlet copies of the patent laws, and pamphlet copies of the laws and rules relating to trade-marks and labels, and circulars relating to the business Of the office, all in such numbers as may be needed for the business of the Office. The usual number Shall not be printed. 7. Decisions of Commissioner and Courts. Seventh. Annual volumes of the decisions of the Commissioner of Patents and of the United States courts in patent cases, not exceeding one thousand five hundred in number, of which the usual number shall be printed, and for this purpose a Copy of each shall be transmitted to Congress promptly when pre- pared. 8. Indea!es. 4. Eighth. Indexes to patents relating to electricity, and indexes to foreign patents, in such numbers as may be needed for the business Of Office. The usual number shall not be printed. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 619, 620.) § 7094. (78) Lithographing—All printing for the Patent Office making use of lithography or pho- tolithography, together with the plates for the same, Shall be COntracted for and performed under the di- rection Of the Commissioner Of Patents, under Such limitations and conditions as the Joint Committee Olm Printing may from time to time prescribe, and all other printing for the Patent Office shall be done by the Public Printer under Such limitations and COn- ditions as the Joint Committee on Printing may from time to time prescribe: Provided, That the entire work may be done at the Government Printing Office whenever in the judgment of the Joint Committee on Printing the same would be to the interest of the Government. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 620.) See §§ 752–755. § 7095. (79) Inserting “compliments” forbid- den—No report, document, or publication of any kind distributed by Or from an Executive Department Or bureau of the Government shall Contain any notice that the same is sent with “the compliments” of an officer of the Government, or with any special notice that it is so sent, except that notice that it has been sent, with a request for an acknowledgment of its receipt, may be given. (Jan. 12, 1895, c. 23, § 73, 28 Stat. 620.) § 7096. Report on Field Operations, Division of Soils, Department of Agriculture—There shall be printed ten thousand five hundred copies of the report on field operations of the Division of Soils, De- partment of Agriculture, of which one thousand five hundred copies shall be for the use of the Senate, three thousand copies for the use of the House of Trepresentatives, and six thousand copies for the use of the Department of Agriculture: Provided, That in addition to the number of copies above provided for there shall be printed, as soon as the manuscript can be prepared, With the necessary maps and illustra- tions to a CCompany it, a report On each area survey- ed, in the form of advance sheets, bound in paper COverS, Of which five hundred copies shall be for the use of each Senator from the State, two thousand Copies for the use of each Representative for the Con- gressional district or districts in which the Survey is made, and One thousand copies for the use of the Department of Agriculture. (Feb. 23, 1901, No. 8, 31 Stat. 1462, amended, March 14, 1904, No. 9, 33 Stat. 583.) § 7097. Reprinting documents required for sale–There shall be printed three thousand copies of the Special Report on Diseases of the Horse and fifteen hundred copies of the Special Report on the Diseases of Cattle, for sale by the Superintendent of documents under the provisions of section sixty-one Of an Act providing for the public printing, binding, and the distribution of documents, approved Janu- ary tWelfth, eighteen hundred and ninety-five; and the Superintendent of documents is hereby authorized to order reprinted, from time to time, such public documents as may be required for sale, such order for reprinting to be subject to the approval of the Secre- tary Or head of the Department in which such public document shall have originated: Provided, That the appropriation for printing and binding shall be re- imbursed for the cost of such reprints from the mon- eys received by the superintendent of documents from the sale of public documents. (March 28, 1904, No. 11, 33 Stat. 584.) - § 7098. Ephemeris and Nautical Almanac--- Hereafter the “usual number” of copies of the Ameri- Can Ephemeris and Nautical Almanac shall not be printed. In lieu thereof there shall be printed and bound One thousand one hundred copies of the same, uniform with the editions printed for the Navy De- partment, as provided in section seventy-three, para- graph five, Of an Act approved January twelfth, eight- een hundred and ninety-five, providing for the public printing, binding, and distribution of public docu- ments; One hundred copies for the Senate, four hun- dred for the House, and six hundred for the Super- intendent Of DOCuments for distribution to State and Territorial libraries and designated depositories. (May 13, 1902, No. 20, 32 Stat. 740.) § 7099. Bulletins of Bureau of American Ethnology—Hereafter the bulletins issued by the Bureau of American Ethnology shall be in octavo size instead of royal octavo. (March 29, 1904, No. 14, 33 Stat. 585.) § 7100. Report on improvement and care of public buildings in District of Columbia—That there be printed each year hereafter, in addition to the number of copies now authorized by law, two hundred additional copies of the annual report upon the improvement and care of public buildings and grounds, and the Care and maintenance Of the Wash- ington Monument, in the District of Columbia, for the use of the officer in charge of public buildings and grounds. (June 2, 1900, No. 30, 31 Stat. 718.) § 7101. Geological Survey; report on mineral resources—Hereafter the report Of the mineral re- Sources of the United States shall be issued as a part of the report of the Director of the Geological Survey, and printed for each preceding calendar year as soon as compiled and transmitted for publication, and that Tit. 45) ź 7108 PUBLIC PRINTING [Page 1129I the separate chapters on any given mineral product, such as iron, coal, building stone, and SO forth, shall be printed as rapidly as transmitted for publication; that a pamphlet edition of any chapter Shall be print- ed for distribution on the request of the Director of the Geological Survey, approved by Secretary Of the Interior, the size of the edition to be COntrolled by the importance of the mineral treated; that hereaft- er papers for the Director's annual report that are of a strictly economic character shall be issued in pamphlet form, in the same manner as prescribed above for the report on the mineral resources. The entire cost of paper, printing, and binding of said pamphlets shall hereafter not exceed three thousand five hundred dollars. (March 2, 1895, c. 189, § 1, 28 Stat. 960, amended, June 4, 1897, c. 2, § 1, 30 Stat. 61.) • § 7102. Same; reports on gauging of streams and utilization of water resources—Hereafter the reports of the Geological Survey in relation to the gauging of streams and to the methods of utilizing the water resources may be printed in Octavo form, Inot to exceed One hundred pages in length and five thousand copies in number; one thousand Copies of which shall be for the Official use of the Geological Survey, one thousand five hundred copies shall be delivered to the Senate, and two thousand five hun- dred copies shall be delivered to the House of Rep- resentatives, for distribution. (June 11, 1896, c. 420, § 1, 29 Stat. 453.) § 7103. Same; additional eopies of certain parts of report—Of the volumes or parts Of the An- nual Report of the Geological Survey which relate to hydrography, forestry, and mining and mineral re- sources there shall hereafter be published One thou- sand copies in addition to the number now publish- ed, for distribution by the Geological Survey. (March 2, 1901, No. 17, 31 Stat. 1465.) § 7104. Same; publications; size of volumes; editions; additional eopies; bulletins; reports on gauging of streams and utilization of water re- sources; additional copies—Hereafter the publica- tions Of the Geological Survey shall consist Of the annual report of the Director, which shall be confined to one volume of royal octavo size; monographs, of quarto size; professional papers, of quarto Size; bulletins, of Ordinary Octavo size; mineral resources, Of Ordinary Octavo size; papers, of ordinary octavo size; and Such maps, folios, and atlases as may be required by existing law. - That hereafter the reports of the Geological Survey, except the annual report of the Director, shall be published in editions as recommended in each case by the Director and approved by the Secretary of the Interior, but not to exceed ten thousand copies. That whenever the edition of any Of the reportS of the Survey shall have become exhausted, and the demand for it continues, there shall be published, On the requisition of the Secretary of the Interior, as many additional copies of the report as the Director of the Survey shall state will, in his judgment, be necessary to meet the demand. That the bulletins and professional papers shall be distributed gratuitously, and not sold; and that of the number published one thousand copies shall be delivered to the Senate and two thousand Copies shall be delivered to the House of Representatives for dis- tribution. * That the provision of law approved June eleventh, eighteen hundred and ninety-six, restricting the wa- ter-supply papers to one hundred pages and to edi- tions of five thousand copies shall be, and hereby is, rescinded. - That the Director of the Survey shall transmit to the Library of Congress two copies of every report of the Bureau as soon as the first delivery to the Survey is made, such copies to be additional to those received by the Library of Congress under existing law. (May 16, 1902, No. 22, 32 Stat. 741.) water-supply and irrigation . § 7105. Same; distribution of publications to public libraries—For the United States Geological Survey. * * For printing and binding the Annual Report Of the Director, the monographs, professional papers, bulletins, water-supply papers, and the re- port on mineral resources * * and the Director of the Geological Survey shall hereafter distributº to public libraries that have not already received them such copies of sale publications as may remain on hand at the expiration of five years after date of delivery to the Survey document room, excepting a reserve number not to exceed two hundred Copies. (March 3, 1903, c. 1007, § 1, 32 Stat. 1146.) § 7106. Same; report of mineral resources— For v the preparation of the report of the mineral re- Sources Of the United States, which report shall here- after be published in two Octavo volumes and as a distinct publication, the number of copies, printing Of separate chapters, and mode of distribution of Which shall be the same as Of the annual report, Sev- enty-five thousand dollars. (March 4, 1909, c. 299, § 1, 35 Stat. 988.) § 7107. Bimonthly bulletins of Department of Labor—The Public Printer is hereby authorized to print such number of extra copies of the bimonthly Bulletin Of the Department of Labor, not to exceed twenty thousand of any single issue, when in the Opinion of the Commissioner of Labor the demand for the Bulletin makes an extra edition neCeSSary. (June 6, 1900, c. 791, § 1, 31 Stat. 644.) See §§ 932–936, 940–942. § 7107a. Report of United States Commission on Indústrial Relations—That the final report of the United States Commission on Industrial Relations, including the report of Basil M. Manly, director of research and investigation, and the individual reports and Statements Of the several COmmissioners, to- gether with all the testimony taken at its hearings, except exhibits submitted in printed form, which shall be appropriately referred to in said testimony. be printed as a Senate document under the direction of the Joint Committee on Printing; and that ten thousand additional copies be printed and bound in cloth, of which two thousand five hundred copies shall be for the use of the Senate and Seven thousand five hundred COpies for the use Of the HOUSe Of Rep- resentatives ; and that Of the final report Of Said COm- mission One hundred thousand additional COpies be printed, of which thirty thousand copies shall be for the use of the Senate and Seventy thousand Copies for the use of the House Of Representatives: Provided, That the Superintendent of documents is hereby au- thorized to reprint copies Of the same for sale Or dis- tribution as provided by law. (April 28, 1916, c. 98, 39 Stat. 59.) - § 7108. Supplement to Revised Statutes; prima facie evidence—The Supplement to the Re- vised Statutes, embracing the statutes general and permanent in their nature passed after the Revised Statutes With references Connecting provisions on the same subject, explanatory notes, citations of ju- dicial decisions, and a general index, prepared hy William A. Richardson, be stereotyped at the Govern- ment Printing Office; and the index and plates there- Of and all right and title therein and thereto shall be in and fully belong to the government for its ex- clusive use and benefit. That six thousand three hundred and fifty-seven copies be printed, bound, and distributed as provided for the distribution of the Revised Statutes by the “Joint resolution provid- ing for the distribution and sale of the new edition of the Revised Statutes of the United States”, passed May twenty-second, eighteen hundred and seventy- eight, and joint resolution passed December twenty- first eighteen hundred and seventy-eight, and such additional copies, on the order of the Secretary of State, as may be necessary from time to time, to be kept for sale in the same manner and on like terms as the Revised Statutes are required to be 3 7109 (Tit. 45 PUBLIC PRINTING [Page 1130] kept for sale, and to supply deficiencies and offices newly created; that for preparing and editing said supplement, including indexing and all clerical Work necessary to fully complete said work, including the legislation of the Forty-sixth Congress, there shall be paid to said editor the sum of five thousand dol- lars; and each Senator and Member of the present Congress who would not receive copies under said joint resolutions shall receive the same number of Copies as Other Senators Or Members receive under the same. The publication herein authorized shall be taken to be prima facie evidence of the laws therein COntained in all the Courts of the United States and Of the several States and Territories therein ; but shall not preclude reference to, nor control, in case Of any discrepancy, the effect of any original act as passed by Congress : Provided, That nothing herein Contained shall be construed to change Or alter any existing law. (June 7, 1880, No. 44, 21 Stat. 308.) § 7109. Same; publication continued—The pub- lication of the Supplement to the Revised Stat- utes, embracing the statutes general and perma- nent in their nature, passed after the Revised Statutes, with references connecting provisions on the same subject, explanatory notes, and citations of judicial decisions, be continued and issued in one vol- ume, to include the general laws of the Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses, with a table of alterations and a general indeX to the Whole, to be prepared and edited by the editor of the existing Supplement, authorized by the joint resolution of June Twenty-eighth, eighteen hun- dred and eighty, numbered forty-four (Supplement to Revised Statutes, page five hundred and eighty-two), to be stereotyped at the Government Printing Office, using the present plates, as far as practicable, with such alterations as may be found necessary, the work and plates and all right and title therein and thereto to be in and fully belong to the Government for its exclusive use and benefit. (April 9, 1890, c. 73, § 1, 26 Stat. 50.) - § 7110. Same; printing, distribution, and sale —That a sufficient number of copies be printed and bound for distribution, and to be distributed to mem- bers of Congress for themselves, and for distribution by them, to the departments, libraries, public officers, and Others, the Salme number to each as heretOfore provided by Congress for the distribution of the Re- vised Statutes of the United States, and the same number to the editor as to a member of Congress and such additional Copies On the Order of the Secretary Of State as may be necessary from time to time to supply deficiencies and offices newly created, and for keeping for sale in the same manner and like terms as the Revised Statutes are required to be kept for sale. For preparing and editing said Supplement, in- cluding the legislation of the Fifty-first Congress, and the indexing and all clerical work necessary to fully complete the same, there shall be paid to said editor the sum of six thousand dollars. (April 9, 1890, c. 73, § 2, 26 Stat. 50.) § 7111. Same; prima facie evidence—The pub- lication herein authorized shall be taken to be prima facie evidence of the laws therein contained, but shall not change nor alter any existing law, nor preclude reference to nor Control in Case of any discrepancy, the effect of any Original act passed by Congress. (April 9, 1890, c. 73, § 3, 26 Stat. 50.) § 7112. Same; publication continued—The publication of the Supplement to the Revised Stat- utes of the United States shall be further COntinued under the editorial charge of the editor of the exist- ing Supplement and his assistants. c. 167, § 1, 27 Stat. 477.) - § 7113. Same; publication not discontinued— Nothing in the Act entitled “An Act providing for the public printing and binding and the distribution of public documents,” approved January twelfth, eight- (Feb. 27, 1893, een hundred and ninety-five, shall prevent the stere- Otyping, printing, and distribution of the Supplement to the Revised Statutes as authorized by the Act of February twenty-seventh, eighteen hundred and nine- ty-three, chapter one hundred and sixty-seven. (March 2, 1895, c. 189, § 1, 28 Stat. 961.) § 7114. Delivery of Revised Statutes, Sup- plements and Statutes at Large, to Superintend- ent of Documents—The Secretary of State shall Cause to be delivered to the Superintendent of Docu- ments the ReVised Statutes, Supplements thereto, SeS- SiOn laws, and Statutes at Large, to Supply deficien- Cies, and to be sold by him under the provisions of Section sixty-One of the Act approved January twelfth, eighteen hundred and ninety-five, entitled “An Act providing for the public printing and binding and distribution of public documents.” (March 15, 1898, . c. 68, § 4, 30 Stat. 316.) § 71.15. Parmphlet edition of Statutes at Large for each session of Congress—At the end of each session of Congress a pamphlet edition of the per- manent and general legislation of the Session, with notes, references, and an index, Substantially On the . plan of the existing Supplement, shall be stereotyped and printed at the Government Printing Office; the plates and all rights thereto to be the property of the United States. (Feb. 27, 1893, c. 167, § 2, 27 Stat. 478.) - - - § 7116. Same; distribution and sale—The num- ber of copies of said pamphlet and the distribution and Sale thereof Shall be the same as provided for the printing, distribution, and sale of said Supplement by the act of April ninth, eighteen hundred and ninety, chapter seventy-three (First Supplement to Revised Statutes, second edition, page seven hundred and twelve). (Feb. 27, 1893, c. 167, § 3, 27 Stat. 478.) § 7117. Same; compensation of editor—There shall be paid to said editor for himself and his a S- sistants, including the cost of all clerical labor and other expenses, the sum of one thousand dollars for preparing the pamphlet for each session of CongreSS. (Feb. 27, 1893, c. 167, § 4, 27 Stat. 478.) § 7118. Same; marginal references—That the Secretary of State be, and he is hereby, directed to include in the marginal references of the United States Statutes at Large for the fifty-eighth and Sub- sequent Congresses, the Number of the Senate Bill, House Bill, Senate Joint Resolution, or House Joint Resolution (designating same as S., for Senate Bill, H. R. for House Bill, S. J. Res. for Senate Joint Reso- lution and H. J. Res. for House Joint Resolution, as the case may be) under which each Act was approved and became a law, said marginal reference to be placed within brackets immediately under the mar- ginal date of the approval of each Act at the begin- ning of each chapter as the same is now printed. (April 12, 1904, No. 20, 33 Stat. 587.) § 7119. Same; index—The Public Printer shall cause the new index to the Statutes at Large, now being prepared in accordance with the plan approved by the Judiciary Committees of both Houses of Con- gress, to be printed, bound and distributed in the manner now provided by law for the printing, bind- ing and distribution of the United States Statutes at Large. (March 4, 1907, c. 2919, § 1, 34 Stat. 1398.) § 7120. Session Laws and Statutes at Large for distribution by Department of Justice–That the Attorney-General be, and he is hereby, authorized to have printed, for distribution by the Department of Justice, eight hundred and fifty copies of the Session Laws, and of the Statutes at Large, in lieu of five hundred copies of each as now provided by law. (March 4, 1907, No. 29, 34 Stat. 1426.) N., § 7121. Additional copies of reports of Ameri- can Historical Association—That there be printed of the annual reports of the American Historical AS- sociation, beginning with the report of the year eight- een hundred and ninety-nine, two thousand five hun- Tit. 45) ź 7134 PURLIC PRINTING [Page 11311 dred copies in addition to those provided for under existing law, of which five hundred copies shall be for the use of the Senate, One thousand Copies for the use of the House of Representatives, and one thou- Sand copies for the use of the American Historical Association. (May 25, 1900, No. 27, 31 Stat. 717.) § 7122. Daily Consular Reports—That the Sec- retary of Commerce and Labor be, and he is hereby, authorized to have printed, for distribution by the Department of Commerce and Labor, an edition of Daily Consular Reports not to exceed twenty thou- sand copies in any one issue: Provided, That the usual number Shall not be printed. (June 25, 1910, c. 388, § 1, 36 Stat. 821.) See § 932. § 7123. Reports of Director of Mint—That the Secretary of the Treasury be, and he is hereby, au- thorized to have printed One thousand additional copies of the Annual Report of the Director of the Mint on the operations of the mint and assay offices for the fiscal year ended June thirtieth, nineteen hun- dred and six, with appendices, and One thousand ad- ditional copies of the Annual Report of the Director Of the Mint on the production Of precious metals for the Calendar year nineteen hundred and five, With appendices, and that hereafter there may be printed, in the discretion of the Secretary Of the Treasury, for distribution by the Treasury Department, two thousand copies of Said reports, instead Of One thou- sand copies as heretofore. (March 4, 1907, No. 24, 34 Stat. 1424.) 4- § 7124. Congressional Record; for newspaper correspondents—The Public Printer be, and he iS hereby, authorized and directed to supply to each newspaper correspondent whose name appears in the Congressional Directory, and who makes application therefor, for his personal use and that of the paper or papers he represents, one copy of the daily COn- gressional Record and One Copy of the bound Con- gressional Record, the same to be sent to the Office address of each member of the press, or elsewhere in the city of Washington, as he may direct. (Feb. 17, 1897, No. 12, 29 Stat. 700, amended, March 26, 1900, No. 15, 31 Stat. 713.) - § 7125. Same; daily copies for Ilibrary—That the Public Printer be, and he hereby is, authorized and directed to Supply to the Library of Congress six copies of the daily Congressional Record, for use in the following departments: Librarian's Office, reading room, Senators’ reading room, Representa- tives’ reading room. (Jan. 28, 1899, No. 12, 30 Stat. 1388.) § 7126. Same; distribution in exchange for foreign parliamentary records—For the purpose of more fully carrying into effect the provisions of the COnvention COncluded at Brussels On March fif- teenth, eighteen hundred and eighty-six, and pro- claimed by the President on January fifteenth, eight- een hundred and eighty-nine, the Public Printer is hereby authorized and directed to supply to the Li- brary of Congress such number as may be required, not exceeding one hundred Copies, of the daily issue of the Congressional Record for distribution, through the Smithsonian Institution, to the legislative cham- bers of such foreign governments as may agree to send to the United States current copies of their par- liamentary record or like publication, such documents, when received, to be deposited in the Library of Con- gress. (March 4, 1909, No. 25, 35 Stat. 1169.) § 7127. Official Register; report of Comptrol- ler of Currency—For the fiscal year of nineteen hun- dred and two and thereafter, a full and complete list of all officers, agents, clerks, and other employees of the office of the Comptroller of the Currency, includ- ing bank examiners, receivers and attorneys for re- Ceivers, and Clerks employed by such examiners and receivers, Or any other person connected with the work of said office in Washington or elsewhere, whose Salary or compensation is paid from the Treasury of the United States or assessed against or collected from existing or failed banks under their supervision or Control, Shall be transmitted to the Secretary of the Interior in accordance with the provisions of an Act Of Congress approved January twelfth, eighteen hun- dred and eighty-five, relating to the Official Register. (April 28, 1902, c. 594, § 1, 32 Stat. 138.) See § 912. § 7128. Same; names onlitted from-Eſereafter the Official Register of the United States shall not COntain the names of those persons heretofore pub- lished in Volume II relating to the postal service, namely, postmasters, assistant postmasters, clerks in post Offices, city and rural carriers, employees of the Sea-post service, employees of the Railway Mail Serv- ice, employees of the mail messenger service, and mail Contractors; nor shall it contain the statement of al- lowances made to contractors for carrying the mails Or the list of ships and vessels belonging to the Unit- ed States, as heretofore published in the said Official Register; and all Acts or parts of Acts inconsistent With the foregoing provision are hereby repealed. (Oct. 22, 1913, c. 32, 38 Stat. 224.) § 7129. Binding and disposal of specifications and drawings of patents; repeal—The paragraph Of Section Seventy-three of the Act approved January tWelfth, , eighteen hundred ninety-five (Statutes at Large Volume twenty-eight, page six hundred and tWenty), relating to the binding and disposal of vol- umes of the specifications and drawings of each patent lººd, is repealed. (Aug. 24, 1912, c. 355, § 1, 37 Stat. .) . $ 7130. Statement of appropriations; “usual number”—Statement of Appropriations: * * And Of the Statements required to be prepared by said Act of October nineteenth, eighteen hundred and eighty- eight, there shall be printed, after the close of each regular Session of Congress, the usual number of copies. (March 2, 1895, c. 189, § 1, 28 Stat. 958.) . § 7131. Reprinting public documents of Im- migration Commission—The Superintendent of docu- ments is hereby authorized to order reprinted from time to time such public documents of the Immigra- tion Commission as may be required for sale. (June 25, 1910, c. 384, § 1, 36 Stat. 768.) § 7132. Reports of Librarian of Congress— That of the annual and special reports of the Li- brarian of Congress hereafter submitted to Congress, but including the report for nineteen hundred and three, there be printed and bound in cloth five thou- Sand copies for the use of the Library of Congress. (Feb. 24, 1904, No. 8, 33 Stat. 583.) § 7133. Report of managers and inspectors of National Home for Disabled Volunteer Soldiers— There shall be printed of the report of the Board of Managers of the National Eſome for Disabled Volun- teer Soldiers for the fiscal year ending June thirtieth, nineteen hundred and three, in addition to the usual number, for the use Of the National Homes for Dis- abled Volunteer Soldiers, five hundred copies of the report proper, bound in Cloth ; two hundred copies of the report of the inspection of the State Homes, bound in paper, and two hundred copies of the record of members, bound in cloth ; and that hereafter the ad- ditional number of Copies herein named of future an- nual reports of the Board of Managers of the Nation- al, Home for Disabled Volunteer Soldiers, bound in the same manner as above described, shall be printed for the use of the National Eſomes. (March 31, 1904, No. 15, 33 Stat. 585.) - See § 9276. - . § 7134. Report of Director of Office of Ex- periment Stations—That there be printed eight thousand Copies Of the Report of the Director of the Office of Experiment Stations, prepared under the su- pervision of the Secretary of Agriculture, on the work and expenditures of that office and of the agricul- tural eXperiment stations established in the several States and Territories under the Act of Congress of 3 7134 (Tit. 45 PUBLIC PRINTING [Page 1132] $ March Second, eighteen hundred and eighty-seven, for nineteen hundred and three, of which one thousand Copies shall be for the use of the Senate, two thou- Sand Copies for the use of the House of Representa- tives, and five thousand copies for the use of the De- partment of Agriculture; and that annually hereafter a Similar report shall be prepared and printed, the edition to be the same as for the report herein pro- vided. (April 27, 1904, No. 29, 33 Stat. 590.) See §§ 8878-8889. § 7135. Bulletins of Public Health Service— There shall be printed each year the bulletins of the hygienic laboratory, not exceeding ten in number in any One year, and Of the yellow fever institute Of the Public Health and Marine-Hospital Service of the |United States, not exceeding five in number in any One year, in such editions, not exceeding five thousand COpies in any One year, as the interests Of the Govern- ment and the public may require, Subject to the discre- tion of the Secretary of the Treasury. No. 21, § 1, 33 Stat. 1283.) § 7135a. Bulletins of Surgeon General of Army for instruction of medical officers—The Sum of $3,000, or so much thereof as may be necessary, may be used for the publication, from time to time, of bulletins prepared under the direction of the Sur- geon General of the Army, for the instruction Of medi- cal officers, when approved by the Secretary of War. (June 12, 1917, c. 27, § 1, 40 Stat. 174.) § 7136. Report of Surgeon-General of Public Health Service—There shall be printed each year four thousand copies of the annual report of the Sur- geon-General of the Public Health and Marine-Hospi- tal Service, bound in cloth, to be distributed by the Surgeon-General. (Feb. 24, 1905, No. 21, § 2, 33 Stat. 1284.) § 7137. Report of Bureau of Immigration— There shall be printed for the use of the Bureau of Immigration two thousand five hundred copies of the Annual Report of the said Bureau for nineteen hun- dred and four, and that hereafter the number to be printed of the Annual Reports of the aforesaid Bu- reau shall be Subject to the discretion Of the Secretary Of the Department of Commerce and Labor, the num- ber of copies not to exceed five thousand in any One fiscal year. (March 3, 1905, No. 33, 33 Stat. 1287.) $ 7138. Distribution of public documents to library of Philippine government—The Superin- tendent of dOCUmentS is hereby authorized and direct- ed to supply one copy of each document delivered to him for distribution to State and Territorial libraries and designated depositories to the library Of the Phil- . ippine government, in the city of Manila, Philippine Islands; and the Public Printer is hereby directed to print, bind, and deliver to the superintendent of documents the extra number of documents required to comply with this Act. (Jan. 18, 1907, c. 153, 34 Stat. 850.) . § 7139. Distribution of copies of publications to designated depositories and libraries; land- grant colleges as depositories—Upon request of the superintendent of documents the Public Printer is hereby authorized and directed to either increase or diminish the number of COpies Of publications fur- nished for distribution, to designated depositories or State and Territorial libraries, so that the number of copies delivered shall be equal to the number of libraries on the list: Provided, That the number thus delivered shall at no time exceed the number author- ized under existing statute: And provided further, That the allotment of five hundred and one copies furnished for distribution to libraries be increased Or reduced, from time to time, as the redistricting of States Or the rearrangement of depository lists under provisions Of law shall demand, to such numbers as may be necessary to comply with the law: And pro- Vided further, That all land-grant colleges shall be cönstituted as depositories for public documents, Sub- (Feb. 24, 1905, ject to the provisions and limitations of the depository laws. (March 1, 1907, c. 2284, § 4, 34 Stat. 1014.) § 7140. Reprinting public documents of Na- tional Monetary Commission—The Superintendent Of Documents is hereby authorized to order reprint- ed, from time to time, such public documents of the National Monetary Commission as may be required for Sale. (Feb. 25, 1910, c. 62, § 1, 36 Stat. 217.) § 7141. Publications of Bureau of Mines—The publications Of the Bureau of Mines shall be published in Such editions as recommended by the Secretary of the Interior, but not to exceed ten thousand copies for § first edition. (June 25, 1910, No. 36, § 1, 36 Stat. ..) § 7142. Same; additional copies—Whenever the edition of any of the publications of the Bureau of Mines shall have become exhausted and the demand for it continues, there shall be published, on the requisition of the Secretary of the Interior, as many additional copies as the Secretary of the Interior may deem necessary to meet the demand. (June 25, 1910, No. 36, § 2, 36 Stat. 883.) . . § 7143. Libraries as depositories continued; new designations—Libraries heretOfore designated by law as depositaries to receive books and Other Government publications shall hereafter, during their existence, COntinue such receipt; and new designations may be made when libraries heretofore Chosen shall Cease to exist Or Other designations shall hereafter be authorized by law. (June 23, 1913, c. 3, § 5, 38 Stat. 75.) § 7144. Ownership of publications furnished officers for official use; free use in depositories— Government publications furnished to judicial and ex- ecutive Officers Of the United States for their Official use Shall not become the property of these Officers, but on the expiration of their official term shall be by them Clelivered to their Successors in Office and all Govern- ment publications delivered to designated depositories Or other libraries shall be for public use without charge. (Jan. 12, 1895, c. 23, § 74, 28 Stat. 620.) § 7145. Documents and reports for foreign legations—DOCuments and reports may be furnished to foreign legations to the United States upon request specifying those desired and requisition made upon the Public Printer by the Secretary of State: Provid- ed, That such gratuitous distribution shall only be made to legations whose Governments furnish to lega- tions from the United States Copies of their printed and legislative documents desired. (Jan. 12, 1895, c. 23, § 75, 28 Stat. 620.) § 7146. Coast and Geodetic, Survey charts; sale and distribution—The charts published by the Coast and Geodetic Survey shall be sold at Cost of paper and printing as nearly as practicable; and there shall be no free distribution. Of Such charts except to the Departments and officers of the United States requiring them for public use; and a number Of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the Secretary of the Treasury may direct; but on the Order of Senators, Representatives, and Delegates not to exceed ten Copies to each may be distributed through the Superintendent Of the Coast and Geo- detic Survey. (Jan. 12, 1895, c. 23, § 76, 28 Stat. 621.) § 7146a. Same; distribution to educational institutions—Charts of the Coast Survey that are Obsolete and have been Superseded by Charts contain- ing more advanced information based On the most recent Surveys, may be distributed free to education- al institutions, each of such charts to have stamped or printed Conspicuously thereon the words “For school use only.” (July 1, 1916, c. 209, § 1, 39 Stat. 320.) - § 71.47. Hydrographie Office charts; publica- tion, distribution, and sale—The Secretary of the Navy is authorized to cause to be prepared at the Hydrographic Office attached to the Bureau of Navi- Tit. 45) & 7154 PUBLIC PRINTING [Page 1133] gation, in the Navy Department, maps, Charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and Copyrights of such existing maps, Charts, navigators’ sailing directions and instructions as he may consider necessary and when he may deem it ex- pedient to do so, and under such regulations and in- structions as he may prescribe. All moneys which may be received from the sale of maps, charts, and nautical books shall be paid by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators’ sailing directions, and instructions for the use of seamen, to be sold at the cost of printing and paper. (Jan. 12, 1895, c. 23, § 77, 28 Stat. 621.) See § 657. § 7148. Publication of foreign hydrographic surveys—All appropriations made for the preparātion or publication of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval Officers to the effect that the Original data for proposed charts are such as to jus- tify their publication; and it is hereby made the duty of the Secretary of the Navy to Order a board Of three naval Officers to examine and report upon the data before he shall approve of any application of moneys to the preparation or publication of Such charts or hydrographic surveys. (Jan. 12, 1895, C. 23, § 78, 28 Stat. 621.) §. 7149. Geological Survey monographs, bul- letins, and reports; publication and distribul- tion—The scientific reports known as the monographs and bulletins of the Geological Survey shall not be published until specific and detailed estimates are made therefor and specific appropriations made in pursuance of such estimates; and no engravings for the annual reports for such monographs and bulle- tins, or of illustrations, sections, and maps, shall be done until specific estimates are submitted therefor and specific appropriations made based on Such esti- mates. And there shall be distributed of monographs, bulletins and reports of the United States Geological Survey, now in possession of said Survey, being pub- lications prior to the year eighteen hundred and nine- ty-four, one copy of every such publication to every public library which shall be designated to the Su- perinfendent of documents, as follows: TWO public libraries to be designated by each of the Senators from the States, respectively, two public libraries by the Representative in Congress from each Congression- al district, and two public libraries by the Delegate from each Territory; such public libraries to be addi- tional to those to which the said publications are dis- tributed under existing law. 79, 28 Stat. 621.) See §§ 778, 779. - § 7150. Same; subsequent to 1894—The provi- Sions of section seventy-nine of “An Act providing for the public printing and binding and the distribution of public documents,” approved January twelfth, eighteen hundred and ninety-five, which section reads as follows: “There shall be distributed of monographs, bulletins, and reports of the United States Geological Survey, now in possession of said Survey, being pub- lications prior to the year eighteen hundred and ninety-four, one copy of every such publication to every public library which shall be designated to the superintendent of documents, as follows: Two public libraries to be designated by each Of the Senators from the States, respectively, two public libraries by the Representative in Congress from each Congres- Sional district, and two public libraries by the Dele- gate from each Territory; such public libraries to be additional to those to which said publications are dis- tributed under existing law,” shall be extended to the monographs, bulletins, and reports of the Geological (Jan. 12, 1895, c. 23, § Survey which were published during the year eighteen hundred and ninety-four, and to those which have been published since that year, and to those which may be published in the future: Provided, That noth- ing herein Contained shall be construed to interfere with the distribution of memoirs and reports, so far as the same is provided for by the joint resolution “To distribute copies of special memoirs and reports Of the United States Geological Survey,” approved March third, eighteen hundred and eighty-seven. (Feb. 26, 1896, No. 19, 29 Stat. 465.) § 7151. Same; publication for exchange or sale—Hereafter three thousand copies Of the mono- graphs and bulletins of the Geological Survey shall be published for scientific exchanges and for sale at the Cost Of paper, printing, and binding, and ten per ºn added. (March 2, 1895, c. 189, § 1, 28 Stat. 960.) § 7152. Illustrations and maps in doeuments and reports; orders for printing acted on within one year—NO document Or report to be illustrated Or accompanied by maps shall be printed by the Public Printer until the illustrations or maps designed there- for Shall be ready for publication; and no Order for public printing shall be acted upon by the Public Printer after the expiration of one year, unless the entire COpy and illustrations for the work shall have been furnished within that period: Provided, This Section shall not apply to Orders heretofore made for the printing Of a series. Of Volumes on One subject. (Jan. 12, 1895, c. 23, § 80, 28. Stat. 621.) - § 7153. Classification and numbering of pub- lications ordered printed by Congress; desigma- tion of publications of Departments; printing of committee hearings—Publications ordered printed by Congress, or either House thereof, shall be in four Series, namely: One series of reports made by the COmmittees Of the Senate, to be known as Senate re- ports; One Series Of reports made by the Committees Of the House of Representatives, to be known as House reports; one series of documents other than reports of committees, the orders for printing which Originate in the Senate, to be known as Senate docu- ments, and One series of documents other than com- mittee reports, the orders for printing which originate in the House Of Representatives, to be known as House dOcuments. The publications in each series shall be consecutively numbered, the numbers in each series continuing in unbroken sequence throughout the entire term of a Congress, but the foregoing pro- visions shall not apply to the documents printed for the use of the Senate in executive session: Provided, That of the “usual number,” the copies which are intended for distribution to State and Territorial libraries and other designated depositories of all an- nual or serial publications originating in or prepared by an Executive Department, bureau, Office, Commis- Sion, or board shall not be numbered in the docu- ment or report series of either House of Congress, but shall be designated by title and bound as herein- after provided, and the departmental edition, if any, shall be printed concurrently with the “usual num- ber:” And provided further, That hearings of Com- mittees may be printed as Congressional documents only when specifically ordered by Congress or either House thereof. (Jan. 15, 1908, No. 3, § 1, 35 Stat. 565.) § 7154. Binding of publications for distribu- tion to libraries—In the binding of Congressional documents and reports for distribution by the Super- intendent of documents to State and Territorial li- braries and other designated depositories, every pub- lication of sufficient size on any one subject shall hereafter be bound separately and receive the title suggested by the subject of the volume, and the oth- ers Shall be distributed in unbound form as SOOn aS printed. The Public Printer shall supply the super- intendent of documents sufficient copies, of those pub- lications distributed in unbound form, to be bound 3 7155 (Tit. 45 PUBLIC PRINTING [Page 11341 and distributed to the State and Territorial libraries and other designated depositories for their perma- nent files. The library edition, as well as all Other bound sets of Congressional numbered documents and reports, shall be arranged in volumes and bound in the manner directed by the Joint Committee on Print- ing. (Jan. 15, 1908, No. 3, § 2, 35 Stat. 566.) § 7155. Binding sets of bills and resolutions for Congress—The Public Printer shall bind four Sets of Senate and House of Representatives bills, joint and concurrent resolutions of each Congress, two for the Senate and two for the House, to be furnished Him from the files of the Senate and House document room, the volumes when bound to be kept there for reference. (Jan. 12, 1895, c. 23, § 82, 28 Stat. 622.) § 7156. Committee reports; indexing and binding—The Secretary of the Senate and Clerk of the House shall procure and file for the use of their respective Houses copies of all reports made by Com- mittees, and they are hereby directed at the Close of each session of Congress to cause such reports to be indexed and bound, one copy to be deposited in the library of each House and One copy in the room Of the committee from Which the reports emanate. (Jan. 12, 1895, c. 23, § 83, 28 Stat. 622.) § 7157. Binding registered bonds and written records at Treasury Department—Registered bonds and written records may be bound at the Treasury Department. (Jan. 12, 1895, c. 23, § 84, 28 Stat. 622.) § 7158. No printing and binding unless au- thorized—No printing or binding shall be done at the Government Printing Office unless authorized by law. Binding for the Departments of the Government shall be done in plain sheep or cloth, except that record and account books may be bound in Russia leather, sheep fleshers, and skivers, when authorized by the head of a Department: Provided, The libraries of the several Departments, the Library of Congress, the libraries of the Surgeon-General’s Office, the Patent Office, and the Naval Observatory may have books for the exclusive use of said libraries bound in half Turkey, or material no more expensive. (Jan. 12, 1895, c. 23, § 86, 28 Stat. 622.) § 7159. Printing, binding, and blank books for Congress and Departments—All printing, bind- ing, and blank books for the Senate or House of Rep- resentatives and for the Executive and Judicial De- partments shall be done at the Government Printing Office, except in cases otherwise provided by law. (Jan. 12, 1895, c. 23, § 87, 28 Stat. 622.) § 7159a. Branches of Printing Cºffice in Ex- ecutive Departments—No money appropriated by this Or any other Act shall be used for maintaining more than One branch Of the Government Printing Office in any one building occupied by any executive department Or departments of the Government, nor shall any branch of the Government Printing Office be established hereafter unless Specifically author- ized by law. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 673.) § 7159.a.a. Contract or open market purchase of printing and birading for Army, in time of actual hostilities—In time Of actual hostilities the Secretary of War may procure from commercial or Other printing establishments, by contract or Open market purchase, such printing and binding as may be required for the use of the Army and also for the National Guard of the Several States and Ter- ritories and Of the District of Columbia or other military forces while in the military service of the United States or about to be called into said service, payment for Such printing and binding to be made from available appropriations. (Jan. 12, 1895, c. 23, $ 87, amended, May 12, 1917, c. 12, 40 Stat. 75.) See § 6676a. § 7160. Binding for Senate Library—The Sec- retary of the Senate is authorized to make requisition upon the Public Printer for the binding for the Sen- ate library of such books as he may deem necessary at a cost not to exceed two hundred dollars per year. (March 2, 1895, c. 189, § 1, 28 Stat. 958.) § 7161. Work of Indian Department at Indian schools—That the provisions of section thirty-seven hundred and eighty-six of the Revised Statutes of the United States shall not hereafter apply to such Work of the Indian Department as can be executed at the several Indian schools. (March 1, 1907, c. 2285, 34 Stat. 1018.) w § 7162. Printing and binding for President— The Public Printer shall execute such printing and binding for the President as he shall Order and make requisitions for, and deliver to the Executive Man- Sion two copies each of all documents, bills, and reso- lutions as soon as printed and ready for distribution. (Jan. 12, 1895, c. 23, § 88, 28 Stat. 622.) § 7163. Appropriations for printing not to be exceeded; limitation on number of reports; Bu- realii reports—NO printing shall be done for the Ex- ecutive Departments in any fiscal year in excess of the amount of the appropriation, and none shall be dOne Without a special requisition, signed by the chief Of the Department and filed with the Public Printer. No report, publication, or document shall be printed in excess of the number of one thousand of each in any One fiscal year without authorization therefor by Congress, except that of the annual report of the head of the Department without appendices there may be printed in any one fiscal year not to exceed five thousand copies, bound in pamphlet form ; and of the reports of chiefs of bureaus without appendices there may be printed in any one fiscal year not to exgeed tWO thousand five hundred copies, bound in pamphlet form: Provided, The Secretary of Agriculture may print such number of copies of the monthly crop report, and Of other reports and bulletins containing Inot to exceed One hundred octavo pages, as he shall deem requisite; and this provision shall apply to the maps, charts, bulletins, and minor reports of the Weather Bureau, which shall be printed in such num- bers as the Secretary of Agriculture may deem for the best interests of the Government: Provided fur- ther, That the Secretary of the Treasury may author- ize the printing of the notices to mariners, tide ta- bles’ Coast pilots, bulletins, and other special publica- tions of the Coast and Geodetic Survey and of the Light-House Board, and the Secretary of the Navy may authorize the printing of the charts, maps, no- tices to mariners, tide tables, light lists, sailing direc- tions, bulletins, and other special publications of the Hydrographic Office in such editions as the interests Of the Government and Of the public may require. Heads of Executive Departments shall direct wheth- er reports made to them by bureau Chiefs and chiefs of divisions shall be printed or not. (Jan. 12, 1895, c. 23, § 89, 28 Stat. 622.) See §§ 6674, 6852. § 7164. (Par. 7.) Appropriation to which cost of printing by order of Congress chargeable—The cost of the printing of any document or report hereaft- er printed by order of Congress which can not under the provisions of Public Resolution Numbered. Thirteen, Fifty-ninth Congress, first session, approved March thirtieth, nineteen hundred and six, be properly Charg- ed to any other appropriation or allotment of appro- priation already made, it shall, upon Order of the Joint Committee on Printing, be charged to the allotment of appropriation for printing and binding for Congress. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) § 7165. Additional copies of publications of Office of Naval Intelligence—That the Secretary Of the Navy be, and is hereby, authorized to print, in ex- cess of the one thousand copies authorized by the Act of January twelfth, eighteen hundred and ninety- five, such extra copies of the publications of the Of- fice of Naval Intelligence as may be necessary for distribution to the naval Service and to meet Other Tit. 45) 3 7171 PUIBLIC PRINTING [Page 11351 official demands: Provided, That in no Case shall the edition of any one publication exceed two thousand copies. (March 21, 1900, No. 14, 31 Stat. 713.) § 7166. Appropriations to which cost of printing and binding for Executive Departments and bureaus to be charged—Hereafter, in the print- ing and binding of documents or reports emanating from the Executive Departments, bureaus, and inde- pendent offices of the Government, the cost of Which is now charged to the allotment for printing and binding for Congress, or to appropriations Or allot- ments of appropriations other than those made to the Executive Departments, bureaus, or independent of fices of the Government, the cost of illustrations, Com- position, stereotyping, and other work involved in the actual preparation for printing, apart from the Crea- tion of manuscript, shall be charged to the appropria- tion or allotment of appropriation for the printing and binding of the Department, bureau, or independ- ent Office of the Government in which such documents Or reports Originate; the balance of Cost shall be charged to the allotment for printing and binding for Congress, and to the appropriation or allotment of appropriation of the Executive Department, bureau, or independent Office of the Government, in proportion to the number delivered to each ; the COst Of any copies of Such documents or reports distributed other- wise than through Congress, Or the Executive Depart- ments, bureaus, and independent offices of the GOV- ernment, if such there be, shall be charged as hereto- fore: Provided, That on or before the first day of December in each fiscal year each Executive Depart- ment, bureau, or independent Office of the Government to Which an appropriation or allotment of appropria- tion for printing and binding is made, shall obtain from the Public Printer an estimate of the probable Cost of all publications of such Department, bureau, or independent office now required by law to be print- ed, and SO much thereof as would, under the terms of this resolution, be charged to the appropriation Or allotment of appropriation of the Department, bu- reau, Or independent Office Of the Government in which such publications originate, shall thereupon be set aside to be applied only to the printing and binding Of Such documents and reports, and shall not be avail- able for any other purpose until all of such allotment Of cost on account of such documents and reports shall have been fully paid. (March 30, 1906, No. 13, 34 Stat. 825.) § 7167. Appropriations for Printing Office; allotments; restriction on use of funds; report with annual estimates—Except the appropriations for salaries in the office of the superintendent of doc- uments, and for stores and general expense for the office of the Superintendent of documents, all appro- priations made herein under “Government Printing Office” shall be considered in apportioning the allot- ments for printing and binding to the Congress and the several executive departments, bureaus, and in- dependent offices of the Government: Provided, That no other fund appropriated by this Act, or any other Act, shall be used for services or other purposes in the Government Printing Office, or in the office of the superintendent of documents, of the character speci- fied in the foregoing paragraphs, except in cases of emergency arising after the passage. Of this Act, and then only on the written order of the Public Printer; and the aggregate of all Salaries or other expenses thus paid, in addition to those specifically appropriat- ed for above, shall be reported to Congress each year in connection with the annual estimates. (March 4, 1909, c. 299, § 1, 35 Stat. 1021.) § 7168. Regulations for printing documents for Congress in two or more editions; requisi- tions; printing of full number and allotment of full quota—The Joint Committee on Printing is here- by authorized and directed to establish rules and regulations, from time to time, which shall be ob- served by the Public Printer, whereby public docu- ments and reports printed for Congress, or either House thereof, may be printed in two or more edi- tions, instead of one, to meet the public requirements: Provided, That in no case shall the aggregate of said editions exceed the number of copies now authorized or which may hereafter be authorized: And provided further, That the number of copies of any public doc- ument or report now authorized to be printed or which may hereafter be authorized to be printed for any Of the Executive Departments, or bureaus Or branches thereof, or independent Offices of the Government may be supplied in two or more editions, instead of One, upon a requisition on the Public Printer by the Offi- cial head of such Department or independent office, but in no case shall the aggregate of Said editions exceed the number of copies now authorized, or which may hereafter be authorized: Provided further, That nothing herein shall operate to obstruct the printing of the full number of any document or report, Or the allotment of the full quota to Senators and Represent- atives, as now authorized, or which may hereafter be authorized, when a legitimate demand for the full complement is known to exist. (March 30, 1906, No. 14, 34 Stat. 826.) § 7169. Departments to order documents re- quired; iimit; bills and resolutions—The heads Of Executive Departments, and such executive Officers as are not connected with the Departments, respec- tively shall cause daily examination of the Congres- Sional Record for the purpose of noting documents, reports, and other publications of interest to their Departments, and shall cause an immediate order to be sent to the Public Printer for the number of . Copies of such publications required for official use, not to exceed, however, the number of bureaus in the De- partment and divisions in the Office of the head there- Of. The Public Printer Shall send to each Executive Department and to each executive office not connected with the Departments, as soon as printed, five Copies Of all bills and resolutions, except the State Depart- ment, to which shall be sent ten Copies of bills and resolutions. When the head of a Department desires a greater number of any class of bills or resolutions for Official use, they shall be furnished by the Public Printer on requisition promptly made. (Jan. 12, 1895, c. 23, § 90, 28 Stat. 623.) l § 71'70. Departmental distribution of docu- ments—Government publications printed for Or re- ceived by the Executive Departments, whether for official use or for distribution, shall be distributed by a Competent person detailed to Such duty in each De- partment by the head thereof. He shall keep an ac- count in detail of all publications received and dis- tributed by him. He shall prevent duplication, and make detailed report to the head of the Department, who shall transmit the same annually to Congress. (Jan. 12, 1895, c. 23, § 92, 28 Stat. 623.) § 7171. Distribution of publications to be by Public Printer; equipment transferred; mailing lists; use of employés of other departments— That no money appropriated by this or any other Act shall be used after the first day of October, nineteen hundred and twelve, for Services in any executive de- partment or Other Government establishment at Wash- ington, District of Columbia, in the work of addressing, wrapping, mailing, or otherwise dispatching any pub- lication for public distribution, except maps, weather reports, and weather Cards issued by an executive de- partment or other Government establishment at Washington, District of Columbia, or for the purchase of material or supplies to be used in such work; and On and after October first, nineteen hundred and twelve, it shall be the duty of the Public Printer to perform such work at the Government Printing Office. Prior to October first, nineteen hundred and twelve, each executive department and other Government es- tablishment at Washington, District of Columbia, shall transfer to the Public Printer such machines, equipment, and materials as are used in addressing, a 7172 (Tit. 45 PUBLIC PRINTING [Page 1136] wrapping, mailing, or otherwise dispatching publica- tions; and each head of such executive department and other Government establishment at Washington, District of Columbia, shall furnish from time to time to the Public Printer mailing lists, in convenient form, and changes therein, or franked slips, for use in the public distribution of publications issued by such de- partment or establishment; and the Public Printer Shall furnish copies of any publication only in accord- ance with the provisions of law or the instruction of the head of the department or establishment issuing the publication. The employment of all persons in the several executive departments and other Govern- ment establishments at Washington, District of Co- lumbia, wholly in connection with the duties herein transferred to the Public Printer, or whose services Can be dispensed with or devolved upon another be- CauSe Of Such transfer, shall cease and determine on Or before the first day of October, nineteen hundred and tWelve, and their salaries or compensation shall lapse for the remainder of the fiscal year nineteen hundred and thirteen and be covered into the Treas- ury. A detailed statement of all machines, equipment, and material transferred to the Government Printing Office by Operation of this provision and of all em. ployments discontinued shall be submitted to Congress at its next session by the head of each executive de- partment and other Government establishments at Washington, District of Columbia, in the annual esti- mates of appropriations: Provided, That nothing in this Section shall be construed as applying to Orders, instructions, directions, notices, or circulars of infor: mation, printed for and issued by any of the executive departments or other Government establishments or to the distribution of public documents by Senators or Members of the House of Representatives or to the folding rooms and documents rooms of the Senate or House of Representatives. (Aug. 23, 1912, c. 350, § 8, 37 Stat. 414.) - - - § 7172. Printing and binding for IDepart- ments—When any Department, the Supreme Court, the Court of Claims, or the Library of Congress shali require printing or binding to be done, it shall be on Certificate that Such work be necessary for the pub- lie Service; whereupon the Public Printer shall fur- nish an estimate of the cost by the principal items for Such printing or binding so called for, after which requisitions Shall be made upon him therefor by the head of Such Department, the Clerk of the Supreme Court, Chief Justice of the Court of Claims, or the Librarian of Congress; and the Public Printer shall place the cost thereof to the debit of such Department in its annual appropriation for printing and binding. (Jan. 12, 1895, c. 23, § 93, 28 Stat. 623.) See § 6674. - § 7173. Restrictions on printing—No head of any Executive Department, or of any bureau, branch, or office of the Government, shall cause to be printed, nor shall the Public Printer print, any document or matter except that which is authorized by law and necessary to the public business; and executive of. ficers, before transmitting their annual reports, shall carefully examine the same and all accompanying documents, and exclude therefrom all matter, includ- 1ng engravings, maps, drawings, and illustrations, ex- cept such as they shall certify in their letters trans- mitting such reports are necessary and relate entire- ly to the transaction of the public business. (Jan. 12, 1895, c. 23, § 94, 28 Stat. 623.) - - - s 7174. Requirements of reports recormºmend- ing printing and binding for Congress—For print- ing and binding for Congress, including the proceed- ings and debates, * * And printing and binding for Congress chargeable to this appropriation, when recoimmended to be done by the Committee on Print- ing of either House, shall be so recommended in a report containing an approximate estimate of the cost thereof, together with a statement from the Public Printer of estimated approximate cost of work. & previously ordered by Congress, within the fiscal year for which this appropriation is made. (July 1, 1916, c. 209, § 1, 39 Stat. 330.) See current appropriation act, Act June 12, 1917, c. 27, § 1, 40 Stat. 174. - - § 7175. Kºestrictions on use of appropriations for printing and binding, for illustrations---Here- after no part Of the appropriations made for printing and binding shall be used for any illustration, en- graving, or photograph in any document or report or- dered printed by Congress unless the Order to print expressly authorizes the same, nor in any document or report of any executive department or other Gov- ernment establishment until the head Of the executive department Or Government establishment shall certi- fy in a letter transmitting such report that the illus- tration is necessary and relates entirely to the trans- action of public business. (March 3, 1905, c. 1483, § 1, 33 Stat. 1213.) § 7176. Restrictions on printing for Execu- tive Departments—Hereafter no book or document not having to do with the Ordinary business trans- actions Of the Executive Departments shall be printed On the requisition of any Executive Department or unless the same shall have been expressly authorized by Congress. (March 3, 1905, c. 1484, § 1, 33 Stat. 1249.) - § 7177. Exchange of documents—Heads of De- partments are authorized to exchange surplus docu- ments for Such Other documents and books as may be required by them, When the same can be done to the advantage of the public service. (Jan. 12, 1895, c. 23, § 95, 28 Stat. 623.) § 71.78. Blanks and letter heads for judges and officers of cotRrts—All blanks and letter heads for use by the judges and Other Officials Of the Unit- ed States Courts Other than Such as are required to be paid for by any of these Officers Out of the emolu- ments of their Offices shall be printed at £he Govern- ment Printing Office upon forms prescribed by the Department of Justice, and shall be distributed by it upon requisition. (Jan. 12, 1895, c. 23, § 97, 28 Stat. 624.) § 7179. Libraries of Executive Departments and Military and Naval Academies constituted depositories—The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval Academy are hereby Con- stituted designated depositories of Government pub- lications, and the Superintendent of Documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said li- braries. (Jan. 12, 1895, c. 23, § 98, 28 Stat. 624.) See §§ 853-861, 867, 932-936, 940-942. - - § 7180. (Par. 8.) Stationery and blank books for Congress—Stationery, blank books, tables, forms, and other necessary papers preparatory to Congres- sional legislation, required for the official use of the Senate and the House of Representatives, or the committees and officers thereof, shall be furnished by the Public Printer upon requisition of the Secretary of the Senate and the Clerk of the House of Repre- sentatives, respectively. This shall not Operate to prevent the purchase by the Officers of the Senate and House Of Representatives Of Such stationery and blank books as may be necessary for sale to Senators and Members in the Stationery rooms Of the two Houses as now provided by law. (Jan. 12, 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) - § 7181. (Par. 9.) Binding for Congressmen— Each Senator and Representative shall be entitled to the binding in half morocco, or material not more ex- pensive, of but one copy of each public document to which he may be entitled, an account of which, with each Senator and Representative, shall be kept by the Secretary of the Senate and Clerk of the House, respectively. (Jan. 12. 1895, c. 23, § 2, 28 Stat. 601, amended, March 1, 1907, c. 2284, § 1, 34 Stat. 1012.) Tit. 45) # 7187 PUBLIC PRINTING (R. S. §§ 3823–3825. Superseded.) R. S. § 3823 was as follows: “The clerk of the House of Representatives shall select in Virginia, South Carolina, North Carolina, Georgia, Elorida, Alabama, Mississippi, Louisiana, Texas, and Ar- kansas, one or more newspapers not exceeding the num- . ber allowed by law, in which such treaties and laws of the United States as may be ordered for publication in newspapers according to law shall be published, and in some one or more of which so selected all such advertise- ments as may be ordered for publication in said districts by any United States Court or judge thereof, or by any officer of such courts, or by any executive officer of the United States, shall be published, the compensation for which and other terms of publication, shall be fixed by said clerk at a rate not exceeding two dollars per page for the publication of treaties and laws, and not exceed- ing one dollar per square of eight lines of Space, for the publication of advertisements, the accounts for which Shall be adjusted by the proper accounting officers, and paid in the manner now authorized by law in the like cases.” R. S. § 3824 was as follows: - “The clerk shall notify each head of the several exec- utive Departments, and each Judge of the United States courts therein of papers selected by him in accordance with the provisions of the preceding section, and there- after it shall be the duty of the several executive Officers charged therewith to furnish such selected papers only, an authentic copy of the publications to be made as aforesaid ; and no money appropriated shall be paid for any publications or advertisements hereafter to be made in said districts, nor shall any such publication or ad- vertisement be ordered by any department or public offi- cer otherwise than as herein provided.” & R. S. § 3825 was as follows: * “The rates fixed in section thirty-eight hundred and twenty-three to be paid for the publication of the treaties and laws of the United States in the States therein des- ignated, shall also be paid for the same publication in all the States not designated in that Section.” - So much of these sections as related to the publication of laws in newspapers was superseded by Act Feb. 18, 1875, c. 80, § 1, amending R. S. § 79, ante, § 112, which pro- vided that such publication should cease ; and by the pro- vision that all executive proclamations and treaties re- quired by law to be published were to be published in only one newspaper printed in the District of Columbia, to be designated by the Secretary of State made by Act July 31, 1876, c. 246, § 1 ($ 7184). And as the execution of the provisions of these sections as to publication of ad- vertisements ordered by any United States Court, judge, etc., or by any executive officer, was dependent on the Se: lection by the Clerk of the House of Representatives Of newspapers for the publication of laws, treaties and proc- lamations, which was superseded as above Stated, the pro- visions as to advertisements by the courts, etc., also be- came inoperative. See 19 A. G. Op. 159. § 7182. Advertisements in Washington, D. C. —All advertisements, notices, and proposals for Con- tracts for all the Executive Departments of the GOV- ernment, and the laws passed by Congress and ex: ecutive proclamations and treaties to be published in the District of Columbia, Maryland, and Virginia, shall hereafter be advertised by publication in the three daily papers published in the District of CO- lumbia having the largest circulation, one of which shall be selected by the Clerk of the House of Rep- resentatives, and in no others. The charges for Such publication shall not be higher than such as are paid by individuals for advertising in said papers, and the same publications shall be made in each of the Said papers equally as to frequency: Provided, That no advertisement to any State, district, or Territory, other than the District of Columbia, Maryland, or Vir- ginia, shall be published in the papers designated, un- less at the direction first made of the proper head of a Department: And provided further, That this sec- tion shall not be construed to allow a greater Com- pensation for the publication of the laws passed by Congress and executive proclamations and treaties in the papers of the District of Columbia than is pro- vided by law for such publications in other papers. (R. S. § 3826.) COMP. S.T.’18–72 IPage 1137I (R. S. § 3827. Superseded.) . This section prohibited payment to any newspaper pub, lished in the District of Columbia for advertising any other mail-routes than those in Virginia and Maryland. It was superseded by Act March 1, 1881, c. 96, § 1 ($ 7425). Act June 23, 1874, c. 456, § 1, 18 Stat. 231, contained a pro- vision similar to that of R. S. § 3827, which, also, Was Su- perseded by said Act March 1, 1881, c. 96, § 1. § 7183. Publication of advertisements in newspapers abolished—Hereafter the mail lettings for the States of Maryland and Virginia and for the District Of Columbia shall be advertised in not more than one newspaper published in the District of CO- lumbia, and at prices satisfactory to the Postmaster- General, not exceeding the customary rates paid in the city of Washington for ordinary commercial ad- vertisements; and SO much Of Section three thousand eight hundred and twenty-six of the Revised Statutes Of the United States as refers to the publication Of advertisements in newspapers, be, and the same is hereby, repealed. (March 3, 1875, c. 128, § 1, 18 Stat. 342.) - § 7184. Publication of proclamations and treaties; advertisements for contracts in Dis- trict of Columbia–That all executive proclamations, & all treaties required by law to be published, shall be published in only one newspaper, the same to be printed and published in the District of Columbia and to be designated by the Secretary of State; and in no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such adver- tisement are to be furnished or performed in said Fººt of Columbia. (July 31, 1876, c. 246, 19 Stat. 5. § 7185. Rate of payment for advertisements, notices and proposals—Hereafter all advertise- ments, notices, proposals for contracts, and all forms of advertising required by law for the Several depart- ments of the government may be paid for at a price not to exceed the Commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise: * * but the heads of the several departments may secure lower terms at Special rates whenever the public interest requires it. (June 20, 1878, c. 359, § 1, 20 Stat. 216.) § 7186. Advertising in District of Columbia; rate of compensation—All advertising required by existing laws to be done in the District of Columbia by any of the departments of the government shall be given to one daily and One weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Provided, That the rates Of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with Section thirty-eight hundred and twenty-eight of the Revised Statutes. (Jan. 21, 1881, c. 25, § 1, 21 Stat. 317.) § 7187. No advertisement without authority —No advertisement, notice, or proposal for any Ex- ecutive Department of the Government. Or for any Bureau thereof, or for any office there with connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publica- tion from the head of such Department; and no bill for any such advertising, or publication, shall be paid. unless there be presented, with such bill, a copy of such written authority. (R. S. § 3828.) TITLE XLVI—THE POSTAL SERVICE Chap. Sec. 1. Post-offices and postmasters. . . . . . . . . . . . . . . . . . . 7188 2. Carriers, branch offices and receiving boxes. . . 7272 3. Mail matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7302 4. Postage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7345 5. Postage stamps, postal cards, and envelopes... 7386 6. Registered mail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7405 7. Unclaimed, dead, and request letters, and un- claimed printed matter. . . . . . . . . . . . . . . . . . . . . . . 7413 8. Contracts for carrying the mails. . . . . . . . . . . . . . . 7424 Chapter One—Post-Offices and Post- Sec. Masters 7188. Establishment of post-offices. 7189. Postmasters; classification. 7190. Same; appointment and removal; 7191. Same; residence. 7192. Suits and prosecutions in State courts. 7.193. Postmasters; bond. 7194. Same; accounts; notice to Sureties of deficiencies. 7195. Same; vacancies; bond; time of Sureties’ liability. 7196. Bonds of postmaster, clerk, carrier, or postal employés; renewal. & - 7197. Postmasters; sureties on bond; release. 7.198. Post-offices to be kept open. 7199. Same; first and second class excepted. 7200. Making up mail. 7.201. Arrival and departure of mail. 7202. Records at post-offices. 7203. Disposal of useless papers. 7204. Quarterly accounts of receipts. 7205. Same; to be sworn to. 7206. Neglect to render accounts. 7207. Withholding commissions based on false returns; affi- *:: davit to returns; false return. 7208. Money to be safely kept. 7209. Custody of money in hands of postmasters. 7210. Frequent deposits of revenues. 7211. Adjustment of postmasters’ claims for losses by bur- glary and fire. - - 7212. Same; report of adjustment. Same; navy mail clerks included. 7213. Postmasters as disbursing officers at Presidential Offices. 7214. Same; at money-order offices. 7214a. Same; for payment of mail messengers. 7215. Report of delinquencies. - 7216. Postmasters not to be contractors. 7217. tenure of Office. third class. Same; compensation of first, second, and third classes to be salaries. . 7217a. 7217b. Same; adjustment; certain sales of stamps not in- cluded. w 7218. Same; of fourth-class. 7218a. Same; assignment of fourth-class offices to proper class. 7219. Same; orders relating to. '- 7220. Same; readjustment; limitation of amount. 7221. Same; at New York City. 7222. Same; at Washington, D. C. 7223. Same; at Chicago. . 7224. Same; at Boston and Philadelphia. 7225. Same; at St. Louis. 7226. Same; limit of pay. 7226a. Same; no increase to first, postmasters during war. . 7227. Same; acting postmasters. 7228. No employé to receive fees. 7229. Distributing offices; allowance for clerk hire. 7230. Post-offices; expenses. 7231. Officers, clerks, and employés; - sation; promotion. 7231a. Foremen and stenographers at first-class offices; Sal- a..I’leS. 7231aa. Clerk hire for third class postmasters on leave With - out pay for military purposes. 7231b. Appointment and assignment of clerks. 7232. classification; compen- Bonds of assistants and cashiers at first, second, and . third class officeş. - 7233. Assistant postmasters; salaries; at Chicago. 7234. Same; salaries; at Boston and Philadelphia. - 7235. Appointment and promotion of carriers; substitute car- riers. 7236. Clerks in first and second class offices and carriers in city delivery service; auxiliary employés; substi- tutes. 7236a. Excess of number of clerks appropriated for for partic– ular grades. 7236b. No distinction in salary between carriers assigned to collection and to delivery duty. 7236c. Restoration of reduced letter carriers assigned to col- lection duty. Salaries of postmasters; adjustment; first, second, and s second and third class Chap. Sec. 9. Carrying the mail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7456 9A. Rural Post Roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7477 a 10. Railway service. . . . . . . . . . . . . . . . . . . . e & © e º 'º ... ... 7478 11. Foreign mail-service. . . . . . . . . . . . . . . . . . . . . . . . . . . 7524 12. Post-office inspectors. . . . . . . . . . . . . . sº tº e o e º e º e tº ... 7547 13. The money-order system. . . . . . . . . . . . . . . . . . . . . . . 7553 13A. Postal savings depositories. . . . . . . . . . . . . . . . . . . . . 7580 14. Accounts and revenues . . . . . . . . . . . . . . . . . . . . . . . . 7598 Sec. 7236d. Salary of marine letter carrier assigned to Detroit River postal service. 7237. First grade for clerks and carriers abolished. 7237a. Allowances to third class offices for clerical Services. 7237b. Assistant postmasters at third class offices. 7238. Eight-hour day for clerks and carriers; schedules of duty; overtime; Sunday work. 7238a. Same; “special clerks.” 7239. Compensatory time; services on Sundays of supervisory officers, clerks in first and second class offices, and city letter carriers. - - 7239a. Same; services on holidays of clerks in first and sec- ond class offices and letter carriers in City Delivery Service. 7239b. Same; services on holidays of “special clerks.” 7239c. Same; services on Sundays or holidays of foremen and gºthers. w 7240. Salaries at annual or monthly rate; division of time and computation of pay. 7241. Leaves of absence; employés in first and second class offices and in mail-bag repair shops. 7242. Same; employés of mail-bag and mail-lock repair shops. 7243. Same; carriers; substitute carriers. - 7244. Same; exclusive of Sundays and holidays. 7244a. Reinstatement of employés entering military service. 7244b. Termination of employment by reason of absence on account of illness. 7245. Substitutes for clerks; first or second class post-offices; Railway Mail Service, or carriers in city free deliv- ery. 7246. Same; clerks subpoenaed as witnesses. - 7246a. Acting employés for employés and substitutes injured while on duty. - 7246b. Payment to legal representatives of deceased clerks killed or dying from injuries. - - 7247. Rate of compensation of temporary employés. 7248. Substitute clerks; pay in first and second class offices and substitute letter carriers in City Delivery Service for employés absent without pay. 7249. Same; pay when performing work of carriers and clerks on vacation or auxiliary or temporary work; appointments to regular positions. 7249a. Same; pay of for regular employés absent with pay, and of auxiliary and temporary employés. - 7249b. Same; rate of compensation in first and second class offices and substitute carriers in City Delivery Serv- IC62. . . 7250. Post-office clerks; assignment to duty. 7251. Badges of postal clerks and route agents. 7252. Civil pension roll prohibited. - 7253. Rewards for inventions and improvements in service. 7254. Additional compensation to fourth-class postmasters for separating services and for unusual conditions during . portion of year. 7255. Appropriations for unusual conditions at post-offices. 7256. Navy mail clerks and assistants. Same; preceding section extended. 7257. Same; bonds. - 7258. Premises leased for post-offices. - 7259. Restrictions on contracts for rent for third-class offices. 7260. Contracts; mail bags, mail locks, and keys. 7261. Same; supplies for Supply Division. 7262. Same; rental of canceling machines, hire of equipages for city delivery service and collection service. 7263. Same; rental of canceling machines; maximum; ad- vertisement. 7264. Same; , printing post-route maps. Sale of post-route maps and rural-delivery maps. 7265. Contracts for furnishing Official Postal Guide. 7265a. Same; requirement for supplies of copies. 7266. Contracts for supplies with persons combining to fix prlCeS. 7267. Deductions out of receipts. 7268. Same; audit. 7269. Extra labor at Offices. 7270. Discontinuing offices. 7271. Offices at county seats continued. § 7188. Establishment of post-offices—The Postmaster-General shall establish post-offices at all such places on post-roads established by law as he may deem expedient, and he shall promptly certify [Page 11381 * Ch. 1) 3 7196 THE POSTAL SERVICE [Page 1139 I such establishment to the [Sixth Auditor]. (R. S. § 3829.) - . y Text in brackets superseded by § 417. Establishment of post roads, see § 7456. military posts, see § 1988b. - R. S. § 3830. Superseded.) - This section provided that postmasters of the fourth and fifth classes should be appointed by the Postmaster- General, and that other postmasters should be appointed by the President for a term of four years, unless Sooner removed. It was superseded by the amendment, by Act June 23, 1874, c. 456, § 11, 18 Stat. 233, of Act June 8, 1872, c. 335, § 63, 17 Stat. 292, which had been incorporated into this section of the Revised Statutes. Act June 23, 1874, c. 456, § 11, was expressly repealed by Act July 12, 1876, c. 179, § 4, 19 Stat. 80, and provisions for the classifica- tion, appointment, and tenure of postmasters were made by sections 5 and 6 of that act. See §§ 7189, 7190. § 7189. Postmasters; classification—The post- masters shall be divided into four classes, as fol- lows: The first class shall embrace all those Whose annual salaries are three thousand dollars Or more than three thousand dollars; the second class Shall embrace all those whose annual salaries are less than three thousand dollars, but not less than two thou- sand dollars; the third class shall embrace all those whose annual salaries are less than two thousand dollars, but not less than one thousand dollars; the fourth class shall embrace all postmasters whose an- nual compensation, exclusive of their commissions On And see § 10349. Post offices at the money-order business of their Offices, amounts to less than one thousand dollars. (July 12, 1876, C. 179, § 5, 19 Stat. 80.) § 7190. Same; appointment and removal; ten- ure of office—Postmasters of the first, Second, and third classes shall be appointed and may be removed by the President by and with the advice and consent of the Senate, and shall hold their offices for four years unless sooner removed or suspended according to law; and postmasters of the fourth class shall be appointed and may be removed by the Postmaster- General, by whom all appointments and removals shall be notified to the Auditor for the Post-Office Department. (July 12, 1876, c. 179, § 6, 19 Stat. 80.) (R. S. § 3831. Repealed.) This section required every postmaster to reside within the delivery of the office to which he was appointed. It was repealed by Act April 28, 1904, c. 1759, § 8. See § 7191. § 719 i. reside within the delivery of the office to which he is appointed or within the town or city where the same is situated, and section thirty-eight hundred and thirty-one of the Revised Statutes Of the United States is hereby repealed. (April 28, 1904, c. 1759, § 8, 33 Stat. 441.) --- • (R. S. § 3832. Repealed.) This section made every person employed in the postal service subject to all penalties and forfeitures for vio- lation of the laws relating to the service whether he had taken the oath of Office or not. It was incorporated in the Criminal Code, was repealed by section 341 thereof (§ 10515). * § 71.92. Suits and prosecutions in State courts —All causes of action arising under the postal laws. may be sued, and all offenders against the same may be prosecuted, before the justices of the peace, mag- istrates, or other judicial courts of the several States and Territories having competent jurisdiction by the laws thereof, to the trial Of claims and demands Of as great value, and of prosecutions where the punish- ments are of as great extent ; and such justices, mag- istrates, or judiciary shall take cognizance thereof, and proceed to judgment and execution as in other cases. (R. S. . § 3833.) See §§ 1550–1558. And see Criminal Code, chapter 8. § 7.193. Postmasters; bond—Every postmaster, before entering upon the duties of his office, shall give bond, with good and approved security, and in such penalty as the Postmaster-General shall deem sufficient, conditioned for the faithful discharge of all duties and trusts imposed on him either by law or the rules and regulations of the Department. On the death, resignation, Or removal of a postmaster, bis bond Shall be delivered to the [Sixth Auditor.] Šame; residence—Every postmaster shall in section 230 thereof (§ 10400), and The bond of any married woman who may be ap- pointed postmaster shall be binding upon her and her Sureties, and she shall be liable for misconduct in Office as if she were sole. (R. S. § 3834, amended, March 1, 1909, c. 232, 35 Stat. 670.) mºst in brackets superseded by § 417. See §§ 583, 585, 3. § 7.194. Same; accounts; notice to sureties of deficiencies—Hereafter, when a deficiency shall be discovered in the accounts of any postmaster, who after the adjustment of his accounts fails, to make good such deficiency, it shall be the duty of the [Sixth Auditor] Of the Treasury Department to notify the Postmaster-General of such failure, and upon receiv- ing Such notice the Postmaster-General shall forth- with deposit a notice in the post-office at Washing- ton, District Of Columbia, addressed to the Sureties respectively upon the bonds of said postmaster, at the Office where he or they may reside, if known; but a failure to give or mail such notice shall not discharge Such surety or sureties upon such bond. (R. S. § 3835, amended, Feb. 4, 1879, c. 45, 20 Stat. 281.) - Text in brackets superseded by § 417. And see §§ 1171, 1276, 3291. <> § 7195. Same; vacancies; bond; time of sure- ties' liability—Whenever the office of any postmaster becomes vacant, the Postmaster-General or the Pres- ident shall supply such vacancy without delay, and | the Postmaster-General shall promptly notify the [Sixth Auditor] of the change; and every postmaster and his Sureties shall be responsible under their bond for the Safe-keeping of the public property of the post-Office, and the due performance of the duties thereof, until the expiration of the commission, or until a Successor has been duly appointed and quali- fied, and has taken possession of the Office; except that in cases where there is a delay of sixty days in Supplying a vacancy, the Sureties may terminate their responsibility by giving notice, in writing, to the Postmaster-General, such termination to take effect ten days after sufficient time shall have elapsed to | receive a reply from the Postmaster-General; and the Postmaster-General may, when the exigencies of the Service require, place such office in charge of a [spe- Cial agent] until the vacancy can be regularly filled ; and when such [special agent] shall have taken charge Of Such post-Office, the liability of the sureties of the postmaster shall cease. (R. S. § 3836.) Text in brackets superseded by §§ 417, 7547. And see §§ 3288-3290. - - (R. S. § 3837. Superseded.) This Section provided for the renewing of the bond of a postmaster when the sureties desired to be released or the Postmaster-General deemed a new bond necessary. It was Superseded by the more comprehensive provisions relating to the same subject of Act March 3, 1905, c. 1488 ($ 7196). § 7196. Bonds of postmaster, clerix, carrier, or postal employés; renewal—Whenever any post- master, Clerk, carrier, or other person in the postal Service, employed in the Post-Office Department or elsewhere, notifies the POStrmaster-General Of his de- Sire to execute a new bond, Or whenever any Of the Sureties of such postmaster, clerk; carrier, or other person, notifies the Postmaster-General of his desire to be released from SU Ch Surety ship, Or whenever the Postmaster-General deems a new bond necessary or expedient, the execution of the new bond may be di- rected by the Postmaster-General. When accepted by the Postmaster-General the sureties of postmasters in the prior bond shall be released from responsibility for all acts or defaults Of the postmaster which may be done or committed Subsequent to the last day of the quarter in which such new bond shall be executed and accepted, and the Sureties of other persons in the prior bond shall be released from responsibility for all acts Or defaults of such persons which may be done Or Committed Subsequent to the day such new bond becomes operative. (March 3, 1905, c. 1488, 33 Stat. 1259.) - See § 3290. # 7197 (Tit. 46 THE POSTAL SERVICE [Page 1140|| § 7197. Postmasters; sureties on bond; release. —If On the settlement Of the account of any post- master it shall appear that he is indebted to the Dnited States, and suit therefor shall not be institut- ed within three years after the close Of Such a CCOunt, the sureties on his bond shall not be liable for Suc indebtedness. (R. S. § 3838.) - See § 3292. s § 7198. Post-offices to be kept open—Every post- master shall keep an office in which one Or more persons shall be on duty during such hours of each day as the Postmaster-General may direct, for the purpose of receiving, delivering, making up, and for- warding all mail-matter received thereat. (R. S. § 3839.) § 7199. Same; first and second class excepted —That hereafter post offices of the first and second classes shall not be open on Sundays for the purpose of delivering mail to the general public, but this provision shall not prevent the prompt delivery of Special delivery mail. (Aug. 24, 1912, c. 389, § 1, 37 Stat. 543.) § 7200. Making up mail—All letters brought to any post-office half an hour before the time for the departure of the mail shall be forwarded therein ; but at Offices where, in the opinion of the Postmaster- General, more time for making up the mail is re- quired, he may prescribe accordingly, not exceeding One hour. (R. S. § 3840.) § 7201. Arrival and departure of mail—The Postmaster-General shall furnish to the postmasters at the termination of each route a schedule of the time of arrival and departure of the mail at their Of- fices, respectively, to be posted in a conspicuous place in the office; and he shall also give them notice of any change in the arrival and departure that may be Ordered ; and he shall Cause to be kept and returned to the Department, at short and regular intervals, registers, showing the exact times of the arrivals and departures of the mail. (R. S. § 3841.) § 7202. Records , at post-offices—Every post- master shall keep a record, in Such form as the POSt- master-General shall direct, of all postage-stamps, en- velopes, postal books, blanks, and property received from his predecessor, or from the Department or any of its agents ; of all receipts in money for postages and box-rents, and of all other receipts on account of the postal service, and of any other transactions which may be required by the Postmaster-General; and these records shall be preserved and delivered to his successor, and shall be at all times subject to examination by any [Special agent] of the Department. (R. S. § 3842.) Text in brackets superseded by § 7547. § 7203. Disposal of useless papers—The Post- master-General is hereby authorized to sell as waste paper or otherwise dispose of the files of papers which have a CCumulated Or may hereafter accumulate in post-Offices, that are not needed in the transaction of Current busineSS and have no permanent value or his- torical interest, and pay the proceeds of said sales into the Treasury as postal revenues. (May 11, 1906, c. 2448, 34 Stat. 186.) - See § 607. § 7204. Quarterly accounts of receipts—Every postmaster shall render to the Postmaster-General, un- der Oath, and in such form as the latter shall pre- Scribe, a quarterly account of all moneys received or Charged by him or at his office, for postage, rent of boxes or other receptacles for mail-matter, or by rea- SOn Of keeping a branch office, or for the delivery of mail-matter in any manner whatever. (R. S. § 3843.) See § 7576. ..! § 7205. Same; to be sworn to—The Postmaster- General may require a sworn statement to accom- pany each quarterly account of a postmaster, to the effect that Such account contains a true statement of the entire amount of postage, box-rents, Charges, and moneys Collected or received at his office during the quarter; that he has not knowingly delivered, or per- postal Cards, postal savings cards, mitted to be delivered, any mail-matter on which the postage Was not at the time paid; that such account exhibits truly and faithfully the entire receipts col- lected at his office, and which, by due diligence, could have been collected; and that the credits he claims are just and right. (R. S. § 3844.) - § 7206. Neglect to render accounts—Whenever any postmaster neglects to render his accounts for one month after the time, and in the form and manner prescribed by law and the regulations of the Postmas- ter-General, he and his sureties shall forfeit and pay double the amount of the gross receipts at such of- fice during any previous or subsequent equal period of time; and if, at the time of trial, no account has been rendered, they shall be liable to a penalty of Such Sum as the court and jury shall estimate to be equivalent thereto, to be recovered in an action on the bond. (R. S. § 3845.) See §§ 7289, 10376. - $ 7207. Withholding commissions based on false returns; affidavit to returns; false return— In any case where the Postmaster-General shall be Satisfied that a postmaster has made a false return of business, it shall be within his discretion to with- hold Commissions on such returns, and to allow any COmpensation that under the circumstances he may deem reasonable: Provided, That the form of affida- Vit to be made by postmasters upon their returns shall be Such as may be prescribed by the Postmaster-Gen- eral. (June 17, 1878, c. 259, § 1, 20 Stat. 141.) See § 10376. § 7208. Money to be safely kept—Postmasters Shall keep safely, without loaning, using, depositing in an unauthorized bank, or exchanging for other funds, all the public money collected by them, or Which may come into their possession, until it is or- dered by the Postmaster-General to be transferred or paid out. (R. S. § 3846.) - - § 7209. Custody of money in hands of post- masters—Any postmaster, having . public money be- longing to the Government, at an office within a city Or town where there is no Treasurer or Assistant Treasurer of the United States, or designated deposi- tary, may deposit the same temporarily, at his own risk and in his official capacity, in any national or State bank in the State in which the said postmaster resides, or in which his office is located, or within a reasonable radius of his post-Office in an adjacent State, but no authority or permission is or shall be given for the payment to or receipt by a postmaster or any other person, of interest, directly or indirectly, on any deposit made as herein described. (R. S. § 3847, amended, May 27, 1908, c. 206, 35 Stat. 415.) § 7210. Frequent deposits of revenues—The postmaster at Washington, and postmasters at cities where there is an assistant treasurer, shall deposit the postal revenues and all money accruing at their office, with such assistant treasurer, as often as once a week at least, and as much. Oftener as the POSt- master-General may direct. (R. S. § 3848.) § 721 1. Adjustment of postmasters’ claims for losses by burglary and fire—That the Postmas- ter General be, and he is hereby, authorized to inves- tigate all claims of postmasters for the loss of money- Order funds, postal funds, postal Savings funds, post- age Stamps, stamped envelopes, newspaper wrappers, postal Savings Stamps, and postal 'savings Certificates belonging to the United States in the hands of such post- masters, and for the loss of key-deposit funds, funds deposited to cover postage on mailings, and funds received as deposits to cover orders for Stamped envelopes, in the hands of such postmas- ters, resulting from burglary, fire, or other un- avoidable Casualty, and if he shall determine that Such loSS resulted from no fault or negligence on the . part of Such postmasters, to pay to such postmasters or Credit them with the amount so ascertained to have been 10St Or destroyed, and also to credit postmasters Ch. 1) § 7217 THE POSTAL SERVICE IPage 1141] With the amount of any remittance of money-Order funds, postal funds, or postal savings funds made by them in Compliance with the instructions Of the Postmaster General, which shall have been lost or stolen while in transit by mail from the Office Of the remitting postmaster to the Office designated as his depository, Or after arrival at such depository Office Blld before, the postmaster at such depository Office has become responsible therefor: Provided, That no claim exceeding the sum of $10,000 shall be paid or Credited until after the facts shall have been ascer- tained by the Postmaster General and reported to Congress, together with his recommendation thereon, and an appropriation made therefor: And provided further, That this Act shall not embrace any claim for IOSSes as aforesaid which accrued more than four years prior to the date of approval of this Act; and all such Claims must be presented within six months after such date, and no claim for losses which may hereafter accrue shall be allowed unless presented within six months from the time the loss occurred. (March 17, 1882, c. 41, § 1, 22 Stat. 29, amended, May 9, 1888, c. 231, § 1, 25 Stat. 135, June 11, 1896, c. 424, 29 Stat. 458, and Jan. 21, 1944, c. 12, § 1, 38 Stat. 279.) § 7212. Same; report of adjustments—It is hereby made the duty of the Postmaster General to re- port his action herein to Congress annually, with his reasons therefor in each particular case. (March 17, 1882, c. 41, § 2, 22 Stat. 30, amended, May 9, 1888, c. 231, § 2, 25 Stat. 135, and Jan. 21, 1914, c. 12, § 2, 38 Stat. 279.) § 7212a. Same; navy mail elerks included— That the Act approved January twenty-first, nineteen hundred and fourteen (Thirty-eighth Statutes, page two hundred and seventy-eight), authorizing the POSt- master General to adjust certain claims of postmas- ters for loss by burglary, fire, or other unavoidable Casualty, be so amended as to include Navy mail clerks and assistant Navy mail clerks. (May 18, 1916, c. 126, § 14, 39 Stat. 163.) § 7213. Postmasters as disbursing officers; at Presidential offices—The Postmaster General is authorized to designate postmasters at Presidential post-Offices as disbursing Officers for the payment of the Salaries Of the Officers and employees Of the post- al Service COn Cerned in the transportation Of mailS Or in their distribution in transit, and for such other pay- ments as they are now authorized to make from postal revenues. (May 4, 1882, c. 116, § 1, 22 Stat. 54.) § 7214. Same; at money-order offices—The Postmaster-General is authorized to designate post- masters at money-Order post-Offices as disbursing Offi- Cers for the payment of the Salaries of Officers and employees of the postal service, and for such other payments as postmasters are now authorized to make from postal revenues. (July 5, 1884, c. 234, § 1, 23 Stat. 156.) ; See § 7553. § 7214a. Same; for payment of mail messen- gers—Postmasters may be designated by the Post- master General as disbursing officers for the payment of mail messengers and others engaged under their supervision in transporting the mails. (July 28, 1916, c. 261, § 1, 39 Stat. 418.). § 7215. Report of delinquencies—Every post- master shall promptly report to the Postmaster-Gen- eral every delinquency, neglect, or malpractice of the Contractors, their agents or carriers, which comes to his knowledge. (R. S. § 3849.) - § 7216. Postmasters not to be contractors— No postmaster, assistant postmaster, or clerk em- ployed in any post-Office shall be a contractor or con- Cerned in any contract for carrying the mail. (R. S. § 3850.) See § 10376. (R. S. § 3851. Repealed.) This section prohibited postmasters from acting as agents for lottery-offices, from vending any lottery tickets, and from receiving or sending any lottery-scheme, ticket, 9T Circular free of postage. It was incorporated into the Criminal Code, in section 214 thereof (§ 10384), and was re- pealed by section 341 thereof (§ 10515). (R. S. §§ 3852–3856. Superseded.) R. S. § 3852, provided that compensation of postmasters should be a fixed salary, and divided them, for rating, into five classes, exclusive of the postmaster at New York, whose Salary was fixed, and fixed the maximum and min- imum salary for each class. R. S. § 3853, authorized the Postmaster-General to fix temporarily the salary at new- ly established offices. , R. S. § 3854, required the read- justment of Such salaries once in two years, or oftener, if deemed expedient. R. S. § 3855, provided that the ba- SiS of readjustment of such salaries should be the whole Of the box rents and commissions on the other postal rev- enue of the office at designated rates. R. S. § 3856, re- quired the Postmaster-General to make and record all Orders changing the salaries, and notify the Sixth Au- ditor thereof, and fixed the time when the change should become effective. All these sections were superseded by Act June 23, 1874, c. 456, § 11, 18 Stat. 233, which express- ly amended Act June 8, 1872, c. 335, §§ 80–84, which were incorporated into these sections. Act June 23, 1874, c. 456, § 11, was expressly repealed by Act July 12, 1876, c. 179, § 4, 19 Stat. 80, which enacted provisions in lieu of those repealed, which were superseded by Act March 3, 1883, c. 142. See §§ 7217–7220. - § 7217. Salaries of postmasters; adjustment; first, second, and third class—The respective com- pensation of postmasters of the first, second, and third classes shall be annual salaries, assigned in even hundreds of dollars, and payable in quarterly. payments, to be ascertained and fixed by the Post- master General from their respective quarterly re- turns to the Auditor of the Treasury for the Post Office Department, or copies or duplicates thereof, to be forwarded to the First Assistant Postmaster- General, for four quarters immediately preceding the adjustment, at the following rates, namely: - FIRST CLASS Gross receipts, forty thousand dollars, and not ex- ceeding forty-five thousand dollars, salary, three thou- Sand dollarS. - Gross receipts, forty-five thousand dollars, and not exceeding sixty thousand dollars, salary, three thou- Sand One hundred dollars. - Gross receipts, sixty thousand dollars, and not ex- ceeding eighty thousand dollars, salary, three thou- sand two hundred dollars. -- - s Gross receipts, eighty thousand dollars, and not ex- ceeding one hundred and ten thousand dollars, sal- ary, three thousand three hundred dollars. Gross receipts, one hundred and ten thousand dol- lars, and not exceeding one hundred and fifty thou- Sand dollars, Salary, three thousand four hundred dOllarS. Gross receipts, One hundred and fifty thousand dol- lars, and not exceeding two hundred thousand dol- lars, salary, three thousand five hundred dollars. Gross receipts, two hundred thousand dollars, and not exceeding two hundred and sixty thousand dol- lars, Salary, three thousand six hundred dollars. Gross receipts two hundred and Sixty thousand dol- lars, and not exceeding three hundred and thirty thousand dollars, Salary, three thousand seven hun- dred dollars. - Gross receipts, three hundred and thirty thousand dollars, and not exceeding four hundred thousand dollars, salary, three thousand eight hundred dollars. Gross receipts four hundred thousand dollars, and not exceeding four hundred and fifty thousand dol- lars, salary, three thousand nine hundred dollars. Gross receipts, four hundred and fifty thousand dol- lars, and not exceeding five hundred thousand dol- lars, salary, four thousand dollars. Gross receipts five hundred thousand dollars, and not exceeding Six hundred thousand dollars, Salary, five thousand dollars. Gross receipts, Six hundred thousand dollars and upwards, Salary, six thousand dollars. # 7217 (Tit. 46 THE POSTAL SERVICE [Page 1142I SECOND CLASS Gross receipts, eight thousand dollars, and not ex- ceeding nine thousand dollars, salary, two thousand dOllarS. Gross receipts, nine thousand dollars, and not ex- ceeding ten thousand dollars, Salary, tWO thousand one hundred dollars. Gross receipts, ten thousand dollars, and not ex- ceeding eleven thousand dollars, salary, tWO thou- Sand two hundred dollars. Gross receipts, eleven thousand dollars, and not ex- ceeding thirteen thousand dollars, Salary, two thou- sand three hundred dollars. Gross receipts, thirteen thousand dollars, and not exceeding sixteen thousand dollars, Salary, tWO thou- Sand four hundred dollars. Gross receipts, sixteen thousand dollars, and not exceeding twenty thousand dollars, salary, tWO thou- Sand five hundred dollarS. Gross receipts, twenty thousand dollars, and not exceeding twenty four thousand dollars, Salary, tWO thousand six hundred dollars. Gross receipts, twenty four thousand dollars, and not exceeding thirty thousand dollars, Salary, two thousand Seven hundred dollarS. z Gross receipts, thirty thousand dollars, and not ex- ceeding thirty-five thousand dollars, Salary, tWO thou- sand eight hundred dollars. Gross receipts, thirty-five thousand dollars, and not exceeding forty thousand dollars, Salary, two thousand nine hundred dollarS. THIRD CLASS Gross receipts, one thousand nine hundred dollars, and not exceeding two thousand one hundred dollars, salary, One thousand dollars. - Gross receipts, two thousand One hundred dollars, and not exceeding two thousand four hundred dollars, Salary, one thousand One hundred dollars. Gross receipts, two thousand four hundred dollars, and not exceeding two thousand seven hundred dol- lars, salary, One thousand two hundred dollars. Gross receipts, two thousand seven hundred dol- lars, and not exceeding three thousand dollars, Salary, One thousand three hundred dollarS. Gross receipts, three thousand dollars, and not ex- ceeding three thousand five hundred dollars, Salary, One thousand four hundred dollars. Gross receipts, three thousand five hundred dol- lars, and not exceeding four thousand two hundred dollars, salary, one thousand five hundred dollars. Gross receipts, four thousand two hundred dollars, and not exceeding five thousand dollars, Salary, One thousand six hundred dollars. - Gross receipts, five thousand dollars, and not ex- ceeding six thousand dollars, Salary, One thousand Seven hundred dollars. Gross receipts, six thousand dollars, and not ex- ceeding seven thousand dollars, Salary, One thousand eight hundred dollars. - Gross receipts, seven thousand dollars, and not exceeding eight thousand dollars, Salary, One thou- Sand nine hundred dollars. And in order to ascertain the amount Of the postal receipts of each office, the Postmaster-General may require postmasters to furnish the department With certified copies of their quarterly returns to the audi- tor at such times and for such periods as he may deem necessary in each case. (March 3, 1883, c. 142, § 1, 22 Stat. 600.) § 7217a. Same; compensation of first, second, and third classes to be salaries—For the fiscal year beginning July first, nineteen hundred and Seventeen, and thereafter the respective Compensation Of post- masters of the first, second, and third classes Shall be annual salaries, graded in even hundreds of dollars, and payable in semimonthly payments, to be ascer- tained and fixed by the Postmaster General from their respective quarterly returns to the Auditor for the Post Office Department, or copies or duplicates there- of to the First Assistant Postmaster General, for the Calendar year immediately preceding the adjustment. (July 28, 1916, c. 261, § 1, 39 Stat. 413.) § 7217b. Same; adjustment; certain sales of stamps not included—Hereafter, in determining the grOSS receipts upon which the salary of a postmaster Shall be based, stamps, stamped envelopes, and postal Cards SOld in large Or unusual quantities to any per- SOn to be used in mailing matter at other post offices, Or in mailing matter diverted from other offices, shall not be included, Whether the sale be made with Or Without solicitation by the postmaster. (March 9, 1914, c. 33, 38 Stat. 296.) FOURTH CLASS § 7218. Same; of fourth-elass—The compensa- tion of postmasters of the fourth Class shall be fixed upon the basis of the Whole of the box-rents COllected at their Offices and commissions upon. the amount Of Canceled postage-due stamps (provided for in Section two hundred and seventy of the Revised Laws and regulations, edition of eighteen hundred and Seventy- nine), and on postage stamps, official stamps, stamped envelopes, postal Cards, and newspaper and periodical Stamps Canceled, On matter actually mailed at their Of- fices, and on amounts received from Waste paper, dead newspapers, printed matter, and twine sold, at the fol- lowing rates, namely: On the first fifty dollars or less per quarter, One hundred per Centum; On the next One hundred dollars or less per quarter, sixty per Centum; On the next two hundred dollars Or less per quarter, fifty per Centum; and on all the balance, forty per Centum, the same to be ascertained and allowed by the Auditor of the Treasury for the Post-Office Depart- ment in the settlement Of the accounts of such post- masters upon their sworn quarterly returns: Provid- ed., That when the compensation of any postmaster of this class shall reach two hundred and fifty dollars for four Consecutive quarters each, exclusive Of COm- missions on money-order business, and when the re- turns to the auditor for four Consecutive quarters shall Show him to be entitled to a COmpensation in ex- cess of two hundred and fifty dollars per quarter, the auditor shall report such fact to the Postmaster-Gen- eral, Who shall assign the Office to its proper class, and fix the Salary Of the postmaster as provided by section one of this act: Provided further, That in no case shall there be allowed to any postmaster of this class a Compensation greater than two hundred and fifty dollars in any one of the first, three quarters of any fiscal year, exclusive of money-order Commis- sions, and in the last quarter of each fiscal year there Shall be allowed Such further sum as he may be en- titled to under the provisions of this act, not exceed- ing for the whole fiscal year the sum of One thousand dollars exclusive of money-Order Commissions. (March 3, 1883, c. 142, § 2, 22 Stat. 602.) § 72.18a. Same; assignment of fourth-class offices to proper class—When the total Compensa- tion of any postmaster at a post office of the fourth Class for follr Consecutive Quarters shall amount to $1,000, exclusive of commissions on money orders is- Sued, and the receipts Of Such post Office for the same period shall aggregate as much as $1,900, the Auditor for the Post Office Department shall so report to the Postmaster General, who shall, in pursuance of such re- port, assign such post office to its proper Class, to be- come effective at the beginning Of the next Succeeding quarterly period, and fix the salary of the postmaster accordingly. (May 18, 1916, c. 126, § 16, 39 Stat. 163, amended, July 28, 1916, c. 261, § 1, 39 Stat. 418.) § 7219. Same; orders relating to—The Post- master-General shall make all Orders relative to the salaries of postmasters; and any change made in such salaries shall not take effect until the first day Ch. 1) 3 7231 THE POSTAL SERVICE [Page 1143] of the quarter next following the order; and the au- ditor shall be notified of any and all changes of Sal- aries. (March 3, 1883, c. 142, § 3, 22 Stat. 602.) § 7220. Same; readjustment; limitation of amount—The salaries of postmasters Of the first, second and third classes shall be readjusted by the Postmaster General, the first adjustment (under this act) to take effect simultaneously with the reduction of the rates of postage, and thereafter at the begin- ning of each fiscal year; and the salary of the post- master at Washington City, District of Columbia, shall be five thousand dollars; and in no case shall the salary of any postmaster exceed the sum of six thousand dollars, except in the city of New York, where the salary of the postmaster shall remain as now fixed by law, at eight thousand dollars per an- num. (March 3, 1883, c. 142, § 4, 22 Stat. 602.) § 7221. Same; at New York City—The salary Of the postmaster of the city of New York is here- by fixed at eight thousand dollars per annum. (March 3, 1875, c. 128, § 1, 18 Stat. 340.) § 7222. Same; at Washington, D. C.—So much Of Section four Of the Act entitled “An Act to adjust the salaries of postmasters,” approved March third, eighteen hundred and eighty-three, as fixes the Salary of the postmaster at Washington City, District of Columbia, is hereby repealed, and the salary of said postmaster shall hereafter be adjusted, as provided in the cases of other postmasters, under section One of said Act. (Feb. 7, 1900, c. 11, 31 Stat. 6.) § 7223. Same; at Chicago—The salary of the postmaster of the City of Chicago is hereby fixed at eight thousand dollars per annum. (March 3, 1903, C. 1009, § 1, 32 Stat. 1166.) § 7224. Same; at Boston and Philadelphia- Hereafter the Compensation paid to postmasters at Boston, Massachusetts, and Philadelphia, Pennsyl- vania, shall be eight thousand dollars per annum. (May 27, 1908, c. 206, 35 Stat. 407.) § 7225. Same; at St. Louis—Hereafter the com- pensation paid to postmaster at Saint Louis, Mis- souri, shall be eight thousand dollars per annum. (March 4, 1911, c. 241, § 1, 36 Stat. 1329.) § 7226. Same; limit of pay—NO postmaster shall, under any pretense whatever, have, receive, or retain for himself, in the aggregate, more than the amount of his salary and his commission on the money-Order business as hereinafter provided. (R. S. § 3857.) § 7226a. Same; no increase to first, second and third class postmasters during war—The sal- aries of postmasters at offices of the first, second and third Classes” shall not be increased after July first, nineteen hundred and seventeen, during the existence of the present war. The compensation of postmasters at Offices Of the fourth Class shall continue to be com- puted on the basis of the present rates of postage. (Oct. 3, 1917, c. 63, § 1108, 40 Stat. 328.) § 7227. Same; acting postmasters—Any per- SOn performing the duties of postmaster, by author- ity of the President, at any post-office where there is a vacancy for any cause, shall receive for the term for which the duty is performed the same compensa- tion to which he would have been entitled if regu- larly appointed and confirmed as such postmaster; and all Services heretofore rendered in like cases shall be paid for under this provision. (March 3, 1879, c. 180, § 31, 20 Stat. 362.) § 7228. No employé to receive fees—No person employed in the postal service shall receive any fees or perquisites On account of the duties to be per- formed by virtue of his appointment. (R. S. § 3858.) (R. S. § 3859. Superseded.) This section authorized the designation of distributing Or separating offices, and the making an allowance for clerical Services in case any third, fourth, or fifth class office was so designated. It was amended by Act June 23, 1874, c. 456, § 11, 18 Stat. 233, which expressly amended Act June 8, 1872, c. 335, § 86, 17 Stat. 295, which was in- Corporated into this section. Act June 23, 1874, c. 456, § 11, was repealed by section 4 of Act July 12, 1876, c. 179, 19 Stat. 80, which act enacted provisions in lieu thereof, in section 11 of said act (§ 7229). § 7229. Distributing offices; allowance for clerk hire–The Postmaster-General may designate offices at the intersection of mail-routes as distribut- ing or separating offices; and where any such office is of the third or fourth class, he may make a reason- able allowance to the postmaster for the necessary cost of clerical services arising from such duties. (July 12, 1876, c. 179, § 11, 19 Stat. 82.) § 7230. Post offices; expenses—The Postmaster- General may allow to the postmaster at New York City, and to the postmasters at offices of the first and second classes, out of the surplus revenues Of their respective offices, that is to say, the excess of box- rents and commissions over and above the Salary assigned to the office, a reasonable sum for the neces- sary cost of rent, fuel, lights, furniture, stationery, printing, clerks, and necessary incidentals to be ad- justed on a satisfactory exhibit of the facts, and no such allowance shall be made except upon the Order of the Postmaster-General. (R. S. § 3860.) - Current appropriation for miscellaneous expenses, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1063. And see Ś 242. § 7231. Officers, clerks, and employés; classi- fication; compensation; promotion-That the fol: lowing sums be, and they are hereby, appropriated for the service of the Post-Office Department, in COIl- formity with the act of July second, eighteen hundred and thirty-six, as follows : * * For compensation to clerks in post-Offices, Six mil- lion five hundred and fifty thousand dollars; and that the Postmaster-General be, and he is hereby, all- thorized to classify and fix the salaries of the Clerks and employés attached to the first-class post-Offices, from and after July first, eighteen hundred and eigh- ty-nine, as hereinafter provided : Provided, however, That the aggregate salaries as fixed by Such Classi- fication shall not exceed the sum hereby appropriat- ed, namely: Assistant postmaster, salary not exceed- ing fifty per centum of the salary of the postmaster, as provided by act of March third, eighteen hundred and eighty-three, graded in even hundreds of dollars. from one thousand five hundred dollars to not eX- ceeding three thousand dollars per annum, except New York, New York, where the salary of the assis- tant postmaster shall be fixed at three thousand five hundred dollars per annum, and that of the Second assistant postmaster at two thousand dollars per an- Ill! Iſl. Secretary and stenographer to postmaster, five Clas- ses, salary, graded in even hundreds of dollars, from one thousand two hundred dollars to not exceeding One thousand six hundred dollars per annulm. Cashier, five classes, salary, graded in even hun- dreds of dollars, at One thousand eight hundred dol- lars, two thousand dollars, two thousand two hundred dollars, two thousand four hundred dollars, and not exceeding two thousand six hundred dollars per annum. Assistant cashier, three classes, Salary, graded in even hundreds of dollars, at One thousand tWO hun- dred dollars, one thousand three hundred dollars, and not exceeding one thousand four hundred dollars per annum. Finance clerks, including book-keepers, six classes, Salary, graded in even hundreds of dollars, from. One thousand two hundred dollars to not exceeding One thousand seven hundred dollars per annum. Stamp clerks, ten classes, salary, graded in even hundreds of dollars, from eight hundred dollars to not exceeding One thousand seven hundred dollars per 8. Illſll IIY). tº Stamp agents, as now compensated, at twenty-four dollars per annum. Superintendents of mails, salary not exceeding for- ty-five per centum of the salary of the postmaster, as provided by the act of March third, eighteen hun- dred and eighty-three, graded in even hundreds of Ž 7231 (Tit. 46 THE POSTAL SERVICE IPage 1144] dollars, from One thousand three hundred dollars to not exceeding two thousand seven hundred dollars per annum, except at New York, New York, where the salary of the Superintendent of mails Shall be fixed at three thousand two hundred dollars per annum. Assistant superintendents of mails, three classes, salary, graded in even hundreds of dollars, at One thousand two hundred dollars, One thousand three hundred dollars, and not exceeding One thousand four hundred dollars per annum. Superintendents of delivery, salary not exceeding forty-five per Centum Of the salary of the postmaster, as provided by the act of March third, eighteen hun- dred and eighty-three, graded in even hundreds Of dollars, from Onºrthousand three hundred dollars to not exceeding two thousand seven hundred dollars per annum, except at New York, New York, where the salary of the superintendent of delivery shall be fixed at three thousand tWO hundred dollars per annum. Assistant superintendents of delivery, three Classes, salary, graded in even hundreds of dollars, at One thousand two hundred dollars, one thousand three hundred dollars, and not exceeding one thousand four hundred dollars per annum. - Superintendents Of registry, salary not exceeding thirty-five per Centum Of the salary of the postmaster, as provided by the act of March third, eighteen hun- dred and eighty-three, graded in even hundreds of dollars, from One thousand dollars to not exceeding two thousand One hundred dollars per annum, except at New York, New York, Chicago, Illinois, and Wash- ington District of Columbia, where the salary of the Superintendent of registry shall be fixed at not exceed- ing forty per Centum Of the salary of the postmaster, as provided by the act of March third, eighteen hun- dred and eighty-three. - Assistant superintendents of registry, salary not exceeding twenty-five per centum of the salary of the postmaster, as provided by the act of March third, eighteen hundred and eighty-three, graded in even hundreds of dollars, from One thousand dollars to not exceeding One thousand five hundred dollars per annum, except at New York, New York, where the salary of the first and second "assistant Superintend- ents of registry shall be fixed at two thousand four hundred dollars and One thousand eight hundred doſlars per annum, respectively. Superintendent, money order division, salary not exceeding forty per centum of the salary of the post- master, as provided by the act of March third, eigh- teen hundred and eighty-three, graded in even hun- dreds of dollal's, from One thousand dollars to not exceeding two thousand four hundred dollars per an- num, except at New York, New York, where the Sal- ary Of the Superintendent of the money-Order divi- SiOn Shall be fixed at three thousand two hundred dollars per annum. Assistant superintendent, money order division, ten classes, salary, graded in even hundreds of dollars, from eight hundred dollars to not exceeding one thousand eight hundred dollars per annum, except at New York, New York. where the salary of the first and second assistant Superintendents of money Or- der and the Chief book keeper shall be fixed at two thousand four hundred dollars, one thousand eight hundred dollars, and one thousand eight hundred dol- lars respectively. Superintendents of stations, ten classes, salary, graded in even hundreds of dollars, from One thou- sand dollars to not exceeding two thousand dollars per annum, except at New York, New York, where the salaries of the superintendents of Stations “A” and “D” Shall be fixed at two thousand five hundred dollars each per annum, and Superintendents of Stations “E” and “F” shall be fixed at two thousand two hundred dollars each per annum. - Clerks in charge of stations, nine classes, salary, graded in even hundreds of dollars, from One hun- dred dollars to not exceeding nine hundred dollars per annum. Foremen of crews or working sections, six classes, salary, graded in even hundreds of dollars, from nine hundred dollars to not exceeding one thousand four hundred dollars per annulm. Mailing clerks, letter distributors, dispatchers, regis- try, money order, directory, and nixie clerks, nine classes, salary, graded in even hundreds of dollars, from Six hundred dollars to not exceeding One thou- Sand four hundred dollars per annum. Separators and assorters, paper distributors, record clerks, general-delivery clerks, inquiry clerks, Clerks for special delivery mail, raters of third and fourth class mail matter, weighers of second class mail mat- ter, stock or supply clerks, and time keepers, Seven classes, salary, graded in even hundreds of dollars, from six hundred dollars to not exceeding One thou- sand two hundred dollars per annum. Stampers and mail messengers, five classes, Sal- ary, graded in even hundreds of dollars, from four hundred dollars to not exceeding eight hundred dol- lars per annum. Printers, four classes, salary, graded in even hun- dreds of dollars, from nine hundred dollars to not exceeding One thousand two hundred dollars per an- Ill III]. Pressmen, messengers, watchmen, laborers, jani- tors, porters, firemen, carpenters, waste-paper exami- ners, and general-utility clerks, four classes, Salary, graded in even hundreds of dollars, from four hun- dred dollars, to not exceeding seven hundred dollars per annum. Auditor and draughtsman at New York, New York, three thousand dollars and one thousand two hundred dollars per annum respectively. - That the Postmaster-General be, and he is hereby, authorized to classify and fix the salaries of the Clerks attached to the second class post-offices, from and after July first, eighteen hundred and eighty-nine, as here- inafter provided : Provided, however, That the aggre- gate salaries as fixed by such classification as Shall be made under this act shall not exceed the Several sums appropriated by this act for the Service author- ized to be classified, namely: $, Chief Clerk, nine classes, salary, graded in even hun- dred of dollars, from seven hundred dollars to not exceeding one thousand five hundred dollars per an- Ill III]. Mailing clerks, letter distributors, dispatchers, reg- istry clerks, stamp clerks, and money-order clerks, five Classes, salary, graded in even hundreds of dollars, from Six hundred dollars to not exceeding One thou- Sand dollars per annum. Separators, and assorters, paper-distributors, gen- eral-delivery clerks, and general utility clerks, four classes, salary, graded in even hundreds of dollars, from six hundred dollars to not exceeding nine hun- dred dollars per annum. Stanlpers, messengers, porters, janitors, and watch- men, four Classes, salary, graded in even hundreds of dollars, from three hundred dollars to not exceed- ing six hundred dollars: Provided, That when the Salaries hereinbefore Stated are adjusted and fixed, no clerk or employee shall be promoted or advanced in grade or salary without the approval of the Post- master-General, in accordance with the requirement of section four hundred and sixty-four, Postal Laws and Regulations, edition of eighteen hundred and eighty-seven ; and hereafter postmasters at Offices of the first and second Classes shall Submit rosters of the Clerks attached to their respective Offices to the Postmaster-General, to take effect from the first day of the fiscal year, July first, instead of January first, as heretofore ; and no roster shall be considered in effect until approved by the Postmaster-General. All acts and parts of acts that conflict with the pro- Ch. 1) ź 7236b THE POSTAL SERVICE [Page 1145] visions hereinbefore stated are hereby repealed. (March 2, 1889, c. 374, § 1, 25 Stat. 841.) Current appropriation for salaries of officers, clerks, and employees, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1060–1064. § 7231a. Foremen and stenographers at first- class offices; salaries—There may also be employed at first-class post offices foremen and stenographers at a salary of $1,300 or more per annum; * * (March 3, 1917, c. 162, § 1, 39 Stat. 1062.) § 7231aa. Clerk hire for third class postmas- ters on leave without pay for military purposes —Where postmasters at Offices of the third Class have been since May first, nineteen hundred and Seventeen, or hereafter are granted leave without pay for mili- tary purposes, the Postmaster General may allow, in addition to the maximum amounts which may now be allowed such offices for Clerk hire, in a CCOrdance with law, an amount not to exceed fifty per Centum of the salary of the postmaster. (Oct. 3, 1917, c. 63, § 1109, 40 Stat. 329.) § 7231b. Appointment and assignment of clerks—Office of the First Assistant Postmaster Gen- eral: . * * Hereafter the appointment and assign- ment of clerks hereunder shall be so made during each fiscal year as not to involve a greater aggregate expenditure than the sum appropriated. (March 3, 1917, c. 162, § 1, 39 Stat. 1060.) - § 7232. Bonds of assistants and cashiers at first, second, and third class offices—Assistant post- masters and cashiers at first, second, and third Class post-offices, and when deemed necessary by the Post- master-General for the better protection of the inter- ests of the Government any other employees in Such offices, shall, before entering upon the duties of their office give bond to the United States with good and approved security, and in such penalty as the Post- master-General shall prescribe, conditioned for the faithful discharge of all duties and trusts imposed upon them either by law or the rules and regulations of the Post-Office Department. (June 13, 1898, c. 446, § 3, 30 Stat. 444.) § 7233. Assistant postmasters; salaries; at Chicago—The salary Of the assistant postmaster at Chicago shall be fixed at three thousand five hundred dollars per annum; * * (March 3, 1903, c. 1009, § 1, 32 Stat. 1166.) - Current appropriation for salaries of assistant postmas- ters, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1060. § 7234. Same; salaries; at Boston and Phila- delphia—Hereafter the Compensation paid to assist- ant postmasters at Boston, Massachusetts, and Phila- delphia, Pennsylvania, shall be four thousand dollars per annum. (May 27, 1908, c. 206, 35 Stat. 408.) § 7235. Appointment and promotion of car- riers; substitute carriers—Appointments of letter Carriers in cities having two or more classes shall be made to the class having the minimum rate of pay, and promotions from the lower grades in said cities shall be made to the next higher grade at the expira- tion of one year's service, On certificate of the post- master to the efficiency and faithfulness Of the Can- didate during the preceding year: Provided, however, That the Postmaster General be, and he hereby is, au- thorized to appoint One Or more Substitute letter Car- riers, whose compensation shall be one dollar per an- num and the pro-rata Compensation of the Carriers whose routes they may be required to serve. (Feb. 21, 1879, c. 95, § 4, 20 Stat. 317, amended, Aug. 2, 1882, c. 373, § 2, 22 Stat. 185.) § 7236. Clerks in first and second elass offices and carriers in city delivery service; auxiliary employés; substitutes—After June thirtieth, nine- teen hundred and Seven, Clerks in offices of the first and second class and carriers in the city delivery service shall be divided into six grades, as follows: First grade, salary six hundred dollars; second grade, sala- ry eight hundred dollars; third grade, salary nine hundred dollars; fourth grade, salary one thousand dollars; fifth grade, salary one thousand one hundred dollars; sixth grade, Salary One thousand two hundred dollars. Clerks and carriers at first-class offices shall be promoted successively to the fifth grade, and clerks and carriers at second-class offices shall be promoted Successively to the fourth grade. - That after June thirtieth, nineteen hundred and seven, all promotions of both Clerks and Carriers Shall be made at the beginning Of the quarter following the expiration of a year’s Service in the next 10Wer grade. No promotion shall be made except upon eVA- dence Satisfactory to the Post-Office Department Of the efficiency and faithfulness of the employee during the preceding year. The Post-Office Department may reduce a clerk Or Carrier from a higher to a lower grade whenever his efficiency falls below a fair stand- ard Or Whenever necessary for purposes of discipline. When a clerk or carrier has been reduced in salary he may be restored to his former grade Or advanced to an intermediate grade at the beginning Of any Quarter following the reduction, On evidence that his record has been Satisfactory during the intervening period. When a clerk or carrier fails of promotion be- Cause of unsatisfactory Service he may be prolmoted at the beginning Of the Second quarter thereafter, Or Of any subsequent quarter, On evidence that his rec- Ord has been Satisfactory during the intervening peri- Od. Clerks and Carriers Of the highest grade in their respective offices shall be eligible for promotion to the higher positions in Said post-Offices. That after June thirtieth, nineteen hundred and Seven, any clerk shall be eligible for transfer to the Service Of a Carrier, and any Carrier shall be eligible for transfer to the service Of a clerk, such transfer to be made to any grade not higher than the correspond- ing grade of salary, and the time which such clerk Or Carrier shall have Served in the grade from which Such transfer was made Shall be COunted in COnnection with the service to which such transfer may be made in computing the time Of Service necessary to en- title such employees to promotion: Provided, That no clerk Or Carrier Shall be promoted more than One grade within any One year's period. Of Service : Pro- vided, however, That the Carriers who on June thir- tieth, nineteen hundred and Seven, are regularly em- ployed at a Salary Of eight hundred dollars per an- num, shall be promoted to the fourth grade upon evi- dence satisfactory to the Post-Office Department of the efficiency and faithfulness Of the employee during at least one year’s Service. That after June thirtieth, Inineteen hundred and sev- en, auxiliary employees may be employed to be paid for actual service at the rate Of thirty cents an hour: Provided, That Such employees shall be required to Work not less than two hours daily, and may serve as substitutes : And provided further, That Such elm- ployees shall be eligible for appointment as clerks and carriers Of the first grade. That after June thirtieth, nineteen hundred and Seven, Substitutes may be employed to be paid at the rate of thirty cents an hour when serving for absent Clerks and carriers: Provided, That Such Substi- tutes shall be eligible for appointment as auxiliary employees and as Clerks and Carriers Of the first grade. (March 2, 1907, c. 2513, 34 Stat. 1206.) § 7236a. Excess of number of clerks appro- priated for for particular grades—To enable the Postmaster General to carry out the provisions of this Act and also the Act of March second, nineteen hundred and seven, Classifying clerks and city letter carriers in first and Second Class post offices, he may hereafter exceed the number of clerks appropriated for for particular grades: Provided, That the num- ber of clerks in the aggregate as herein authorized be not exceeded. (March 3, 1917, c. 162, § 1, 39 Stat. 1062.) § 7236b. No distinction in salary between car- riers assigned to collection and to delivery duty —Hereafter there shall be n0 distinction in salary made between letter Carriers assigned to Collection & 7236c (Tit. 46 THE POSTAL SERVICE [Page 1146] duty and letter carriers assigned to delivery duty. (July 28, 1916, c. 261, § 1, 39 Stat. 417.) § 7236c. Restoration of reduced letter car- riers assigned to collection duty—Letter Carriers whose salaries have been reduced as the result of any Order of the Post Office Department, making the maxi- mum salary $1,000 to be paid letter carriers assigned to Collection duty, Shall be restored to their former grades. (July 28, 1916, c. 261, § 1, 39 Stat. 417.) § 7236d. Salary of marine letter carrier as- signed to Detroit River postal service—The marine letter carriers assigned to the Detroit River postal service shall be paid $1,500 per annum. (July 28, 1916, c. 261, § 1, 39 Stat. 417.) § 7237. First grade for clerks and carriers abolished—After June thirtieth, nineteen hundred and thirteen, the first grade for clerks and Carriers shall be abolished and that appointments shall be made to the second grade, salary $800 ; and that Clerks and carriers at first-class offices shall be promoted Successively to the fifth grade and clerks and Car- riers at Second-class Offices shall be promoted SuC- cessively to the fourth grade. (March 4, 1913, c. 143, 37 Stat. 794.) § 7237 a. Allowances to third class offices for clerical services—For allowances to third Class post- offices to cover cost of clerical services: * * NO allowance in excess of $300 shall be made Where the salary of the postmaster is $1,000, $1,100, or $1,200; nor in excess of $400 where the salary of the post- master is $1,300, $1,400, or $1,500; and that no al- Iowance in excess of $500 shall be made where the salary of the postmaster is $1,600 or $1,700; nor in excess of $800 where the salary Of the postmaster is $1,800 or $1,900. (March 3, 1917, c. 162, § 1, 39 Stat. 1063.) § 7237b. Assistant postmasters at third class offices—The Postmaster General may, in the disburse- ment of this appropriation, expend not exceeding $400,- 000 for the employment, at a maximum salary of $600 per annum, of assistant postmasters at post Offices Of the third Class where the salary Of the postmaster is $1,800 or $1,900 per annum. (March 3, 1917, c. 162, § 1, 39 Stat. 1063.) § 7238. Eight hour day for clerks and car- riers; schedules of duty; overtime; Sunday work —On and after March fourth, nineteen hundred and thirteen, letter carriers in the City Delivery Service and clerks in first and second Class post Offices shall be required to work not more than eight hours a day: Provided, That the eight hours of service shall not extend Over a longer period than ten Consecutive hours, and the schedules of duty of the employees shall be regulated a CCOrdingly. In Cases Of emergency, Or if the needs of the Serv- ice require, letter Carriers in the City Delivery Service and clerks in first and Second Class post Offices can be required to WOrk in excess Of eight hours a day, and for such additional services they shall be paid extra, in proportion to their Salaries as fixed by law. Should the needs Of the service require the employ- ment On Sunday of letter Carriers in the City Delivery Service and Clerks in first and second class post Of- fices, the employees who are required and Ordered to perform Sunday work shall be allowed compensa- tory time On one of the six days following the Sun- day on which they perform such service. (Aug. 24, 1912, c. 389, § 5, 37 Stat. 554.) § 7238a. Same; “special clerks”—Section five of the Act approved August twenty-fourth, nineteen hundred and twelve, entitled “An Act making appro- priations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hun- dred and thirteen, and for other purposes,” be, and the same is hereby, amended to include employees of first and Second class post offices designated as “Spe- Cial clerkS.” (July 28, 1916, c. 261, § 1, 39 Stat. 416.) § 7239. Compensatory time; services on Sun- days of supervisory officers, clerks in first and second class offices, and city letter carriers— Hereafter for services required on Sundays of super- Visory Officers, Clerks in first and second class post offices, and city letter carriers, compensatory time off during Working days in amount equal to that of the Sunday employment may be allowed, under such regu- lations as the Postmaster General may prescribe; but this provision shall not apply to auxiliary or sub- stitute employees. (March 4, 1911, c. 241, § 3, 36 Stat. 1339.) § 7239a. Same; services on holidays of clerks in first and second class offices and letter car- riers in City Delivery Service—Hereafter when the needs Of the Postal Service require the employment On holidays Of Clerks in first and second class post Offices and letter carriers in the City Delivery Serv- ice, the employees who are required and ordered to perform holiday Work shall be allowed compensatory time On One Of the thirty days following the holiday on which they perform such service: Provided, That for the purpose of this Act holidays shall be New Year's Day (January first); Washington’s Birthday (February twenty-second); Memorial Day (May thir- tieth); Independence Day (July fourth); the first Mon- day in September, known as Labor Day; Christmas (December twenty-fifth); and such Other days as the President Of the United States may set apart as fast or thanksgiving days. (July 28, 1916, c. 261, § 1, 39 Stat. 416.) § 723.9b. Same; services on holidays of “spe- cial clerks”—Hereafter when the needs Of the Serv- ice require the employment On holidays Of “special Clerks” in first and Second class post Offices, they shall be allowed COmpensatory time On One Of the thirty days next following the holiday on which they per- form such service. (March 3, 1917, c. 162, § 1, 39 Stat. 1062.) - § 7239c. Same; services on Sundays or holi- days of foremen and others—Hereafter when the needs of the Postal Service require the employment on Sundays or holidays of foremen, Watchmen, mes- sengers, and laborers they shall be granted compen- satory time in the same manner as provided by law for clerks and carriers in first and second class post of. fices. (March 3, 1917, c. 162, § 1, 39 Stat. 1062.) § 7240. Salaries at annual or monthly rate; division of time and computation of pay—After June thirtieth, nineteen hundred and eleven, where the salary or compensation of any employee in the postal service is at an annual Or monthly rate, the following rules shall be followed in computing the amount due: An annual salary Or COmpensation shall |be divided into twelve equal installments, One of which shall be the pay for each Calendar month; and in making payment for a fractional part of any calen- dar month there shall be paid Such proportion of One Of Such installments, or of the amount Of the monthly Salary Or Compensation, as the number Of days in the fractional part of that month bears to the actual number of days in that month. (March 4, 1911, C. 241, § 4, 36 Stat. 1339.) See § 3243. § 7241. Leaves of absence; employés in first and second class offices and in mail-bag repair shops—That from and after July first, eighteen hun- dred and ninety, the clerks and employees attached to first and Second class post-Offices and the em- ployees of the mail-bag repair shops COnnected with the Post-Office Department of the United States, whether employed by the month, day or otherwise, be allowed leaves Of absence, with full pay, for not exceeding fifteen days in any one fiscal year: Pro- Vided, That no clerk nor employee be granted a leave under the provisions of this bill until he has perform- ed service for one year. (Oct. 1, 1890, c. 1260, 26 Stat. 648.) Ch. 1) & 7250 THE POSTAL SERVICE [Page 1147| § 7242. Same; employés of mail-bag and mail- lock repair shops—Hereafter the employees of the mail-bag repair shop in Washington, District of Co- lumbia, and Chicago, Illinois, and the employees of the mail-lock repair shop in Washington, District Of Columbia, may be allowed thirty days annual leave of absence. (Aug. 24, 1912, c. 389, 37 Stat. 546.) § 7243. Same; carriers; substitute carriers —All letter-carriers at free-delivery Offices shall be entitled to leave of absence, not to exceed fifteen days in each year, without loss of pay; and the Post- master-General is hereby authorized to employ, When necessary, during the time such leave of absence is granted, such number of Substitute letter-carriers as may be deemed advisable, who shall be paid for Services rendered at the rate Of Six hundred dollars per annum. (June 27, 1884, c. 126, 23 Stat. 60.) § 7244. Same; exclusive of Sundays and holi- days—Hereafter the leave Of absence authorized by law to postal employees shall be Construed exclusive of Sundays and holidays. (May 27, 1908, c. 206, 35 Stat. 413.) § 7244a. Reinstatement of employés entering military service—Any postal employé who has en- tered the military service of the United States Or Who shall hereafter enter it shall, upon being honorably discharged therefrom, be permitted to Iesume the position in the postal department which he left to enter such military service. (July 28, 1916, c. 261, § 1, 39 Stat. 413.) § 7244b. Termination of employment by rea- son of absence on account of illness—The Post- master General shall not approve or continue any rule or regulation which terminates the employment of any employee by reason of absence on account of ill- ness for a period of less than one year. (July 28, 1916, c. 261, § 1, 39 Stat. 413.) § 7245. Substitutes for clerks; first or second class post-offices, Railway Mail Service, or car- riers in city free delivery service—Hereafter When any clerk in post-offices of the first or Second Class, Or in the Railway Mail Service; or any letter carrier in the city free-delivery service; is absent from duty from any cause, other than the fifteen days' annual leave with pay allowed by law, the Postmaster- General, under such regulations as he may prescribe, may authorize the employment of a Substitute for such work, and payment therefor from the lapsed salary of such absent clerk, or letter carrier, at a rate not to exceed the pay of the grade of WOrk performed by such substitute. (March 3, 1905, c. 1480, § 1, 33 Stat. 1085.) § 7246. Same; clerks subpoenaed as witnesses —That the Postmaster-General be, and he is hereby authorized to employ substitutes in the place Of Clerks subpoenaed as witnesses in the United States Courts in cases, arising under the United States laws, and to expend for the employment of Such Substitutes a sum equal to the compensation allowed the Clerks during the time actually absent from duty attending court. (June 13, 1898, c. 446, § 1, 30 Stat. 440.) § 7246a. Acting employés for employés and substitutes injured while on duty—Hereafter the Postmaster General shall have authority to employ acting employees in place of all employees or Sub- stitutes hereinafter mentioned who are Injured While on duty, who shall be granted leave of absence with full pay during the period of disability, but not ex- ceeding one year, then at the rate of fifty per cen- tum of the employee's salary for the period of dis- ability exceeding one year, but not exceeding twelve months additional. (July 28, 1916, c. 261, § 1, 39 Stat. 413.) § 7246b. Payment to legal representatives of deceased clerks killed or dying from injuries—The Postmaster General is authorized to pay the Sum Of $2,000, which shall be exempt from payment of debts Of the deceased, to the legal representatives, for the benefit of Wife, children, or dependent relatives, of any railway postal clerk, substitute railway postal Clerk, Supervisory official of the Railway Mail Serv- ice, post-Office inspector, letter carrier in the City Delivery Service, rural letter carrier, post-office clerk, Special-delivery messenger, post-office laborer or any Classified civil-Service employee in post offices of the first and Second classes who shall be killed while On duty, Or Who, being injured while on duty, shall die within One year thereafter as the result of such injury: Provided, That no compensation shall be paid any such employee for any injury occasioned by his own negligence. (July 28, 1916, c. 261, § 1, 39 Stat. 413.) - § 7247. Rate of compensation of temporary employés--Acting or substitute city letter carriers, rural letter carriers, post Office clerks, railway mail Clerks, and other employees Connected with the postal Service who are temporary employees shall be paid at the usual rate for each day’s service during the fiscal year ending June thirtieth, nineteen hundred and seven, and thereafter. (March 2, 1907, c. 2513, 34 Stat. 1213.) § 7248. Substitute clerks; pay in first and sec- ond class offices and substitute 1etter carriers in City Delivery Service for employés absent with- out pay—Substitute clerks in first and second class post offices or substitute letter carriers in the City Delivery Service when working in places of regular employees who are off duty without pay, shall be paid at the rate of 40 cents an hour. (July 28, 1916, c. 261, § 1, 39 Stat. 417.) § 7249. Same; pay when performing work of carriers and clerks on vacation or auxiliary or temporary work; appointments to regular posi- tions—Substitute Carriers and substitute clerks when aS$igned to perform the work of regular employees absent on Vacations, or when performing auxiliary Or temporary work, shall be paid at the rate of 30 Cents an hour. Every substitute carrier and substi- tute post-Office Clerk who has served as Such substi- tute for a period of One year or more shall, when appointed to a regular position, receive the salary Of a Second grade Carrier or clerk, $800 per annum, as his initial Salary, and all other promotions shall be regulated according to the classification Act ap- proved March second, nineteen hundred and seven. (March 4, 1913, c. 143, 37 Stat. 796.) § 7249a. Same; pay for regular employés ab- sent with pay, and of auxiliary and temporary employés—After June thirtieth, nineteen hundred and fourteen the pay of substitute letter carriers em- ployed in the places of regular employees absent from duty with pay and of auxiliary and temporary car- riers employed at offices where the city free delivery Service is already established or may hereafter be es- tablished, and of Substitute clerks employed in the places of regular employees absent from duty with pay, and of auxiliary and temporary clerks employed in first and second Class post Offices, shall be at the rate of thirty-five cents an hour. (March 9, 1914, c. 33, 38 Stat. 299.) - § 7249b. Same; rate of compensation in first and second class offices and substitute carriers in City Delivery Service—Hereafter Substitute clerks in first and Second class post offices, or Substitute letter carriers in the City Delivery Service shall be paid at the rate of 35 Cents an hour for vacation Serv- ice, or for auxiliary service or for temporary service, or for temporary regular service, or temporary serv- ice of any other designation. (July 28, 1916, c. 261, § 1, 39 Stat. 417.) § 7250. Post-office clerks; assignment to duty —Postmasters are authorized, with the approval of the Postmaster-General, to assign at any time any clerk or employé of their respective post-Offices to duty in any branch thereof: Provided always, That any employé shall be paid from money-order funds Ž 7251 (Tit. 46 THE POSTAL SERVICE IPage 114SI for such time as he is engaged in money-order work. (March 3, 1885, c. 342, § 1, 23 Stat. 385.) § 7251. Badges of postal clerks and route agents—Postal clerks, route agents, and mail route messengers shall not be required to Wear uniform Other than a cap or badge. (March 3, 1879, c. 180, § 1, 20 Stat. 357.) § 7252. Civil pension roll prohibited—The eS- tablishment of a civil pension roll or an honorable service roll, or the exemption of any of the Officers, clerks, and persons in the postal service from the existing laws respecting employment in such service, is hereby prohibited. (March 1, 1909, c. 232, 35 Stat. 670.) § 7253. Rewards for inventions and improve- ments in service–The Postmaster General is hereby authorized to offer and pay periodically a Cash re- ward for the invention, suggestion, or series Of Sug- gestions for an improvement or economy in device, design, or process applicable to the postal Service submitted by one or more employees of the Post Of- fice Department which shall be deemed the most Val- uable of those submitted and adopted for use, and for that purpose the sum of $10,000 is hereby appropri- ated: Provided, That to obtain this reward the win- ning Suggestion or invention must be One that Will Clearly effect a material economy or increase efficien- Cy: Provided further, That the sums awarded to employees in accordance with this Act shall be paid them in addition to their usual compensation: Pro- vided further, That the total amount paid under the provisions Of this Act shall not exceed $1,000 in any month Or for any One invention or suggestion: And provided further, That no employee shall be paid a reward under this Act until he has properly executed an agreement to the effect that the use by the United States Of the invention, suggestion, or series of Sug- gestions made by him shall not form the basis of a further claim of any nature upon the United States by him, his heirs, or assigns, and that no application for patent has been made for any such invention. (March 4, 1913, c. 143, 37 Stat. 795.) § 7254. Additional compensation to fourth- class postmasters for separating services and for unusual conditions during portion of year—Here- after the Postmaster-General may allow to fourth- Class postmasters additional compensation for sepa- rating Services and for unusual conditions during a portion of the year, in lieu of the allowance for cler- ical Services for this purpose now authorized by law. (May 12, 1910, c. 230, 36 Stat. 359.) Current appropriation for separating mails at fourth- #. Offices, see Act March 3, 1917, c. 162, § 1, 39 Stat. § 7255. Appropriations for unusual conditions at post-offices—For unusual conditions at post offices, One hundred and forty thousand dollars: Provided, That the expenditure of so much thereof as may be found necessary to carry out the provisions herein- after set forth, but not in the aggregate to exceed fifty-five thousand dollars, Of which amount fifteen thousand dollars is made immediately available, is limited as follows: Whenever a postmaster in any locality with a pop- ulation of not more than twenty thousand inhabit- ants certifies to the department that, owing to un- usual conditions in his community, he is unable to Secure the services of efficient employees otherwise, the Postmaster-General having ascertained the truth of the certification may authorize, in his discretion, the appointment of clerks and letter carriers for that Office at such higher rates Of compensation, within the present recognized grades, and in the District of Alaska, at higher salaries than One thousand two hun- dred dollars, as may be necessary in order to insure a proper conduct of the postal business, but not to ex- ceed in the aggregate the SUlm annually appropriated for said purposes, and in all such cases their salaries shall be paid from the appropriation for unusual con- ditions, and the Postmaster General shall make report to Congress annually of the places where and the amounts so expended. (March 4, 1911, c. 241, § 1, 36 Stat. 1332.) § 7256. Navy mail clerks and assistants–En- listed men of the United States Navy or Marine Corps may, upon Selection by the Secretary Of the Navy, be designated by the Post-Office Department as “navy mail Clerks” and “assistant navy mail clerks,” who Shall be authorized to receive and Open all pouches and Sacks Of mail addressed to naval vessels, to make proper delivery of such mail, to receive matter for transmission in the mails, to receipt for registered matter (keeping an accurate record thereof), to keep and have for Sale an adequate Supply of postage Stamps, to make up and dispatch mails, and other postal duties as may be authorized by the Postmas- ter-General, all in accordance with such rules and regulations as may be prescribed by the Command- ing Officer of the vessel or of the squadron to which the vessel is attached. Each mail clerk and assist- ant mail Clerk shall take the Oath of office prescribed for employees of the postal service and shall give bond to the United States in the sum of One thou- sand dollars for the faithful performance of his du- ties as Such clerk, and shall be amenable in all re- Spects to naval discipline, except that, as to their du- ties as Such clerks, the Commanding Officers of the vessels upon which they are stationed shall require them to be governed by the postal laws and regula- tions Of the United States. Whenever necessity arises therefor any assistant mail clerk may be required by the commanding officer of the vessel upon which he is Stationed or of the Squadron to which said ves- Sel is attached to perform the duties of mail clerk. They Shall receive as Compensation for such services from the Navy Department, in addition to that paid them Of the grade to which they are assigned, such Sum in the Case Of mail Clerks not to exceed five hun- dred dollars per annum, and in that Of assistant mail clerks not to exceed three hundred dollars per an- num, as may be determined and allowed by the Navy Department. (May 27, 1908, c. 206, 35 Stat. 417. amended, Aug. 24, 1912, c. 389, § 11, 37 Stat. 560.) § 7256a. Same; preceding section extended– The provisions of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, pages four hundred and seventeen and four hundred and eighteen), as amended by the Act Of August twenty-fourth, nineteen hundred and 'twelve (Thirty- Seventh Statutes, page five hundred and sixty), are hereby extended to authorize the designation of enlisted men of the Navy or Marine Corps as Navy mail Clerks and assistant Navy mail Clerks with ex- peditionary forces on shore. (March 4, 1917, c. 180, 39 Stat. 1188.) º § 7257. Same; bonds—Every Navy mail clerk and assistant Navy mail clerk shall give bond to the United States in such penal sum as the Postmaster General may deem sufficient for the faithful perform- ance of his duties as such clerk. (Aug. 24, 1912, C. 389, § 3, 37 Stat. 554.) § 7258. Premises leased for post-offices- Whenever any building or part of a building under lease becomes unfit for use as a post-Office, no rent shall be paid until the same shall be put in a Satis- factory condition by the owner thereof for Occupa- tion as a post-office, or the lease may be canceled, at the option of the Postmaster-General; and a lease shall cease and terminate whenever a post-Office Can be moved into a Government building. (March 3, 1885, c. 342, § 1, 23 Stat. 386.) § 7259. Restrictions on contracts for rent for third-class offices—No contract for rent for a third-class post-Office shall be made for a longer pe- riod than One year, nor shall the aggregate allow- ance for rent made in any year exceed the amount Ch. 2) ź 7271 TEIE POSTAL SERVICE {Page 1149] appropriated for such purpose. (July 24, 1888, c. 702, § 1, 25 Stat. 345.) Current appropriation c. 162, § 1, 39 Stat. 1063. § 7260. Contracts; mail bags, mail locks, and Reys—The resolution approved January thirty-first, eighteen hundred and sixty-eight, entitled “A resolu- tion limiting contracts for stationery and other Sup: plies in the Executive Departments to One year,” shall not be held, or construed, -to apply to, Or in- clude mailbags, mail locks and keys, postal Cards, postage stamps, newspaper wrappers, or stamped en- velopes. (March 24, 1874, No. 6, 18 Stat. 286.) Res. Jan. 31, 1868, No. 8, is § 6888. § 7261. same; supplies for Supply Division- Hereafter the Postmaster-General is authorized to contract for a term not exceeding four years, for the supply of any or all articles enumerated under the head of “Supply Division,” when, in his judgment, it shall appear to be for the best interests of the Serv- ice. (April 21, 1902, c. 563, § 1, 32 Stat. 114.) § 7262. Same; rental of canceling machines, hire of equipages for city delivery service and collection service—Hereafter the Postmaster Gener- al may, in his discretion, enter into Contracts for a period of not exceeding four years for the rental Of canceling machines, for the hire of the equipages for the City Delivery Service, for the collection service by means of boxes attached to street cars, and for the steamboat and other equipment necessary for the Detroit River postal service. (March 4, 1911, C. 241, § 1, 36 Stat. 1333.) Current appropriation for rental and purchase of Can- celling machines, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1067. ge e § 7263. Same; rental of canceling machines; maximum; advertisement—Hereafter no contract shall be made for any canceling machine for more than $270 per annum, including repairs on Said machine, and that all contracts entered into shall be let after having advertised for bids and shall be awarded on the basis of cheapness and efficiency. (March 9, 1914, c. 33, 38 Stat. 303.) § 7264. Same; printing post-route maps—The Postmaster-General may, in his discretion, Cause the contract for printing post-route maps to be let for a term of four years. (March 2, 1895, c. 177, § 1, 28 Stat. 803.) § 7264a. Sale of post-route maps and rural- delivery maps—The Postmaster General may author- ize the sale to the public of post-route maps and rural-delivery maps or blue prints at the cost of printing and ten per centum thereof added, the pro- ceeds of such sale to be used as a further appro- priation for the preparation and publication of post- route maps and rural-delivery maps or blue prints. (March 3, 1917, c. 162, § 1, 39 Stat. 1067.) § 7265. Contracts for furnishing Official Postal Guide—The Postmaster-General may, in his discretion, cause the contract for furnishing the Official Postal Guide to be let for a term Of four years. (May 28, 1896, c. 252, § 1, 29 Stat. 176.) § 7265a. Same; requirement for supplies of copies—-Pſereafter contracts let for the publication for rental, see Act March 3, 1917, of the Official Postal Guide shall provide for the Sup- s ply of such copies as may be required for public use by the Several executive departments and other Government establishments at a price not exceeding the cost of such guides to the Post Office Depart- ment. (May 10, 1916, c. 117, § 1, 39 Stat. 108.) § 7266. Contracts for supplies with persons combining to fix prices—No contract for furnishing supplies to the Post Office Department or the postal service shall be made with any person who has enter- ed, or proposed to enter, into any combination to pre- vent the making of any bid for furnishing such sup- plies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or prom- ised to give or perform, any consideration whatever to induce any other person not to bid for any Such COntract, or to bid at a specified price or prices there- On; and if any person so offending is a contractor for furnishing Such supplies, his contract may be annulled, and the person so offending shall be liable to a fine of not leSS than One hundred dollars nor more than five thousand dollars, and may be further punished, in the discretion of the Court, by imprisonment for not less than three months nor more than one year. (Aug. 24, 1912, c. 389, § 2, 37 Stat. 553.) § 7267. MD eductioxis out of receipts—The Salary Of a postmaster, and such other expenses of the postal service authorized by law as may be incurred by him, and for which appropriations have been made, may be deducted out of the receipts of his office, under the direction of the Postmaster-General. (R. S. § 3861.) § 7268. Same; audit—VOuchers for all deduc- tions made by a postmaster out of the receipts of his Office, On account of the expenses of the postal serv- ice, shall be submitted for examination and settle- ment to the Sixth Auditor, and no such deduction Shall be Valid unless found to be in COnformity with law. (R. S. § 3862.) § 7269. Extra labor at offices—Whenever un- usual business accrues at any post-office, the Post- master-General shall make a special order allowing reasonable compensation for clerical service, and a proportionate increase of salary to the postmaster during the time of such extraordinary business. (R. S. § 3863.) § 7270. Discontinuing offices—The Postmaster- General may discontinue any post-office where the Safety and Security of the postal service and reve- nues are endangered from any cause whatever, or where the efficiency of the service requires such dis- COntinuance, and he shall promptly certify such dis- continuance to the Sixth Auditor. (R. S. § 3864.) § 7271. Offices at county seats continued—No post-Office established at any county seat shall be abolished Or discontinued by reason of any consolida- tion of post-Offices made by the Postmaster-General under existing law, and any such post-office at a coun- ty Seat heretofore Consolidated shall be established as a separate post-office at such county seat: Pro- Vided, however, That this provision shall not apply to the city of Cambridge, Massachusetts, or to Tow- son, Maryland, or to Clayton, Saint Louis County, Missouri. (June 9, 1896, c. 386, 29 Stat. 313, amend- ed, Aug. 24, 1912, c. 389, § 1, 37 Stat. 545.) Chapter Two—Carriers, Branch Of- fices, and Receiving-Boxes Sec. 7272. Letter-carrier delivery. 7273. Letter carriers on consolidation of offices. 7274. Experimental delivery. 7275. Uniform for carriers. 7276. Heceiving-boxes. 7277. Same; in buildings; chutes as part of. 7278. Bonds of Carriers. 7279. Branch Offices. 7280. Restrictions on establishing stations and branches. 7280a. Contracts for conduct of contract, stations. 7281. Extra postage or carriers’ fees prohibited. 7282. Expenses of carriers and branch offices. 7283. Contracts for supplies for free-delivery service. 7284. Special delivery; stamps; deficient postage. 7285. Same; employment to deliver. 7286. Same; compensation of persons employed. 7287. Same; privileges extended to all mailable matter; mes- sengers; contracts and compensation. 7288. Same; regulations. 7289. Same; false returns: compensation in case of. 7290. Same; persons employed deemed postal employés. 7291. Same; messengers deemed carriers. 7292. Same; allowance for car fare for messengers in first- class offices; delivery in first and second class offices. 7293. Same; use of ordinary stamps. 7294. Rural free-delivery service; special agents; route in- Spectors; clerks; carriers; substitute carriers. 7294a. Same; extension. 7294b. Same; routes; classes; increase of length of routes and pay of carriers. 7294c. sº, carriers to maintain necessary vehicle equip. IOleIlt. 7294d. Same; motor vehicles. § 7272 (Tit. 46 THE POSTAL SERVICE [Page 1150.I Sec. 7294e. Same; sufficient equipment. 7294f. Same; reorganization and readjustment. 7294g. Same; preference in appointments of carriers. 7295. Same; division superintendents; rural agents. 7296. Same; carriers; salaries; restrictions; carrying mer- chandise. 7297. Same; Superintendents of division, and rural agents ap- pointed post-office inspectors. 7298. Same; carriers; leave of absence; substitutes; clerks in charge of substations. 7299. Same; compensation of carriers on water routes. 7300. Same; carriers; salaries; carriers furnishing motor Vehicles. 7300a. Same; additional compensation to carriers carrying pouch mail to intermediate post offices. 7800b. Same; maximum salary for carrier on Lake Winni- pesaukee. r 7301. Same; special agents and route inspectors; adminis- tering oaths. (R. S. §§ 3865, 3866. Superseded.) R. S. § 3865, provided for the employment of letter-car- riers for the free delivery of mail matter at places hav- ing a population of 50,000 or more within the delivery of the post-office, and authorized their employment at plac- es containing not less than 20,000. It was modified by Act June 23, 1874, c. 456, § 1, 18 Stat. 231, which provided that carriers should not be employed in places having less than 30,000 inhabitants, without, however, affecting free deliv- ery in to Wrls already established. It was also modified by Act Feb. 21, 1879, c. 95, § 5, 20 Stat. 317, which provided for the appointment of letter-carriers in post-offices pro- vided for in section 3865, and also in offices which pro- duced a gross revenue of not less than $20,000 a year. R. S. § 3866, authorized the Postmaster-General to fix the sal- aries of the carriers, not exceeding $800 a year, with the right to increase it in certain cases to any sum not ex- ceeding $1,000, and in San Francisco he was authorized to pay Such additional salaries as would secure the services of competent persons. It was modified by Act Feb. 21, 1879, c. 95, §§ 1, 2, 20 Stat. 317, and section 3, as amended by Act Aug. 2, 1882, c. 373, § 1, 22 Stat. 185, which provid- ed for the classification and compensation of carriers. Both these sections were superseded by Act Jan. 3, 1887, c. 14. See § 7272. g § 7272. Letter-carrier delivery—Letter-carriers shall be employed for the free delivery Of mail- matter, as frequently as the public business may re- quire, at every incorporated city, village, or borough containing a population of fifty thousand within its corporate limits, and may be so employed at every place containing a population of not less than ten thousand, within its corporate limits, according to the last general census, taken by authority of State or United States law, or at any post-office which pro- duced a gross revenue, for the preceding fiscal year, Of not less than ten thousand dollars: Provided, This act shall not affect the existence of the free delivery in places where it is now established: And provided further, That in Offices where the free delivery shall be established under the provisions of this act, such free delivery shall not be abolished by reason of de- Crease below ten thousand in population Or ten thou- sand dollars in gross postal revenue, except in the discretion of the Postmaster-General. (Jan. 3, 1887, c. 14, § 1, 24 Stat. 355.) See §§ 7236, 7237. § 7273. Letter carriers on consolidation of offices—Hereafter When two Or more post-Offices sit- uated within the corporate limits of any city, village, or borough are consolidated by authority of the Postmaster-General, and the said offices together pro- duced a gross revenue for the preceding fiscal year Of not less than ten thousand dollars, letter Carriers may be employed for the free delivery of mail matter in like manner as if any one of such post-Offices had pro- duced such revenue in said fiscal year. (Feb. 16, 1911, c. 87, 36 Stat. 911.) § 7274. Experimental delivery—After June thirtieth, nineteen hundred and twelve, experimental mail delivery may be established, under such regula- tions as the Postmaster General may prescribe, in towns and villages having post offices of the second Or third class that are not by law now entitled to free delivery service, and the sum of One hundred thousand dollars is hereby appropriated to enable postmasters to employ the necessary assistance to de- liver the mail in such villages, and the amount to be expended at any Office shall not exceed One thou- Sand eight, hundred dollars a year. c. 389, § 9, 37 Stat. 559.) § 7275. Uniform for carriers—The Postmaster- General may prescribe a uniform dress to be worn by letter-carriers. (R. S. § 3867.) See § 10357. § 7276. Receiving-boxes—The Postmaster-Gen- eral may establish, in places where letter-carriers are employed, and in other places where, in his judgment, the public convenience requires it, receiving-boxes for the deposit of mail-matter, and shall cause the matter deposited therein to be collected as often as public Convenience may require. (R. S. § 3868.) § 7277. Same; in buildings; chutes as part of—That no boxes for the collection of mail matter by Carriers shall be placed inside of any building ex- Cept a public building, or a building which is freely Open to the public during business hours, or a railroad Station, and that the Postmaster-General is hereby authorized, in his discretion, to declare by official Order that the chutes Connected with mail boxes that are attached to any chute or device which may be approved by him are a part of said receiving boxes and under the exclusive care and custody of the Post- Office Department. (March 3, 1887, c. 388, § 1, 24 Stat. 569, amended, Tan. 23, 1893, c. 41, 27 Stat. 421.) (R. S. § 3869. Repealed.) This section made it punishable maliciously and will- fully to injure, tear down, or destroy any letter box, etc., Or to assault a uniformed carrier while in the discharge of his duty. It was incorporated into the Criminal Code, in section 198 thereof (§ 10368), and was repealed by sec- tion 341 thereof (§ 10515). § 7278. Bonds of carriers—Every letter-carrier shall give bonds, with Sureties, to be approved by the Postmaster-General, for the safe custody and delivery of all mail-matter, and the faithful account and pay- ment of all money received by him. (R. S. § 3870.) See § 7196. § 7279. Branch offices—The Postmaster-General, when the public convenience requires it, may estab- lish within any post-Office delivery one or more branch Offices for the receipt and delivery of mail-matter and the sale of stamps and envelopes ; and he shall pre- scribe the rules and regulations for the government thereof. But no letter shall be sent for delivery to any branch Office contrary to the request of the party to whom it is addressed. (R. S. § 3871.) § 7280. Restrictions on establishing stations and branches—Hereafter no station, substation, or branch post-Office shall be established beyond the corporate limits or boundaries of any city or town in which the principal office to which such station, Substation, or branch office is attached is located, ex- cept in cases of villages, towns, or cities of fifteen hundred or more inhabitants not distant more than five miles as near as may be from the outer boundary or limits of such city or town in which the principal office is located. (June 9, 1896, c. 386, 29 Stat. 313.) § 7280a. Contracts for conduct of contract stations—Hereafter the Postmaster General may en- ter into COntracts for the conduct Of contract stations for a term not exceeding two years. (May 18, 1916, c. 126, § 15, 39 Stat. 163.) - - (R. S. § 3872. Superseded.) This section fixed the rates of postage on newspapers at free-delivery offices. It was substantially re-enacted by Act March 3, 1879, c. 180, § 25 ($ 7360). § 7281. Extra postage or carriers’ fees pro- hibited—No extra postage or carriers’ fees shall be charged Or Collected upon any mail-matter Collected or delivered by carriers. (R. S. § 3873.) § 7282. Expenses of earriers and branch of.- fices—All expenses of letter-carriers, branch offices, and receiving-boxes, or incident thereto, shall be kept and reported in a separate account, and shall be shown in comparison with the proceeds from postage on local mail-matter at each office, and the Postmas- ter-General shall be guided in the expenditures for this branch Of the service by the income derived there- from. (R. S. § 3874.) See § 6712. (Aug. 24, 1912, Ch. 2) 3 7291 THE POSTAL SERVICE IPage 11511 § 7283. Contracts for supplies for free-deliv- ery service–The Postmaster General may, when if in his judgment the good of the service so requires make contract for necessary supplies for the free-delivery service for a period not exceeding four years. (March 2, 1889, c. 374, § 1, 25 Stat. 844.) § 7284. Special delivery; stamps; deficient postage—A special stamp of the face valuation of ten cents may be provided and issued, Whenever deemed advisable or expedient, in such form and bearing such device as may meet the approval Of the Postmaster-General, which, when attached to a let- ter, in addition to the lawful postage théreon, the de- livery of which is to be at a free delivery office, Or at any city, town, or village containing a population of four thousand or over, according to the Federal Cen- sus, shall be regarded as entitling such letter to im- mediate delivery within the carrier limit of any free delivery office which may be designated by the Post- master-General as a special delivery office, or within One mile of the post office at any other office Coming Within the provisions of this section which may in like manner be designated as a special delivery Office: Provided, however, That the omission by the sender to place the lawful postage upon a letter bearing Such Special delivery stamp and otherwise entitled to im- mediate delivery under the provisions of this section shall not hinder or delay the transmission and de- livery thereof as provided herein, but such lawful postage shall be collected upon its delivery, in the manner now provided by law for the collection of de- ficient postage resulting from the overweight of let- ters. (March 3, 1885, c. 342, § 3, 23 Stat. 387, amend- ed, Jan. 16, 1889, c. 50, 25 Stat. 650.) Current appropriation for mail messenger service, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1063. And see §§ 7293, 7387. § 7285. Same; employment to deliver—To pro- vide for the immediate delivery Of letters bearing the Special stamp, the postmaster at any office which may COme Within the provisions Of this act may, with the approval of the Postmaster-General, employ such per- SOn Or persons as may actually be required for such service, who, upon the delivery of such letter, will procure a receipt from the party addressed, or SOme One authorized to receive it, in a book to be furnish- ed for the purpose, which shall, when not in use, be kept in the post-office, and at all times subject to ex- amination by an inspector of the Department. (March 3, 1885, c. 342, § 5, 23 Stat. 388.) § . 7286. Same; compensation of persons emi- ployed—To provide for the payment Of Such perSOns as may be employed for this service, the postmaster at any office designated by Section three of this Act shall keep a record Of the number of letters received at such office bearing such special stamp, which num- ber shall correspond with the number entered in the receipt books heretofore specified, and at the end of each month he may pay to Such perSOn Or persons employed a sum not exceeding eighty per centum Of the face Value Of all Such stamps received and record- ed during that month: Provided, That nothing in this Act shall interfere with the prompt delivery of letters as now provided by law or regulations of the Post-Office Department. (March 3, 1885, c. 342, § 6, 23 Stat. 388, amended, March 3, 1903, c. 1009, § 2, 32 Stat. 1175.) § 7287. Same; privileges extended to all mail- able matter; messengers; contracts and compen- sation—Every article of mailable matter upon which the special stamp provided for by Section three of the act of Congress approved March third, eighteen hundred and eighty-five, entitled “An act making ap- propriations for the service of the Post-Office Depart- ment for the fiscal year ending June thirtieth, eight- eeh hundred and eighty-six, and for other purposes,” shall be duly affixed, shall be entitled to immediate delivery, according to said act within the carrier-de- livery limit of any free-delivery office, and within one mile of any other post-office which the Postmaster- General shall at any time designate as a special-de- livery post-office. The postmaster shall be responsi- ble for such immediate delivery of every such arti- cle, and shall cause delivery to be made of all Such articles received at his office bearing such stamp and entitled to delivery thereat, and may employ any persons, including clerks and assistants, at third and fourth class offices, as messengers, On Such terms as he shall fix as compensation for such delivery; and to defray the expense thereof, such postmaster shall be entitled, upon the adjustment of his quarterly a C- count, to eighty per centum of the face value Of all such special-delivery stamps received at his Office and recorded, according to said act and regulations of the Post-Office Department during the quarter ; and such allowance shall be in full Of all the expenS- es of such delivery: Provided, That the Postmaster- General may, in his discretion, direct any free-deliv- ery office to be excepted from the foregoing provision, and require the delivery to be made entirely by Spe- cial messengers, according to the provisions of the act to which this is amendatory: And provided further, That he may contract for the immediate delivery of all articles from any post-office at any price less than eight cents per piece, when he shall deem it expedi- ent. (Aug. 4, 1886, c. 901, § 1, 24 Stat. 220.) § 7288. Same; regulations—The Postmaster- General shall prescribe suitable regulations, not in- consistent with law, for the performance of the im- mediate-delivery service, the keeping of the records and rendering of accounts thereof, and all matters. connected there with, and may prescribe the hours within which such immediate delivery shall be made at any post-office. (Aug. 4, 1886, c. 901, § 2, 24 Stat. 221.) § 7289. Same; false returns; compensation in case of—Any postmaster, or any assistant postmaster, clerk, or employee of a postmaster, who Shall make any false return or record of the receipt or delivery of any article of mailable matter as being stamped with a special-delivery stamp, or shall make any false return of the number of articles specially delivered from his office, for the purpose of increasing his Com- pensation under the provisions of this act, Shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than one hundred dol- lars nor more than five hundred dollars, or imprison- ed for a term of not less than thirty days nor in Ore than one year, or both such fine and imprisonment at the discretion of the court; and Whenever, UDOn evidence deemed satisfactory to him, the Postmaster- General shall determine that any such false return has been made, he may, by order, fix absolutely the compensation of the postmaster for Such Special de- livery during any quarter or quarters Which he Shall deem affected by such false return, and the Auditor shall adjust the postmaster's account accordingly. (Aug. 4, 1886, c. 901, § 3, 24 Stat. 221.) i § 7290. Same; persons employed deemed pos- tai employés—Any person employed to Imake im- mediate delivery of letters or other mail-matter un- der the provisions of this act, or the act Of which the same is amendatory, shall be deemed an employee Of the postal service, whether he may have been SWVOI’ſ] or not, or temporarily or permanently employed, and as such employee shall be liable to any penalties or punishments provided by law for the improper deten- tion, delay, secretion, rifling, embezzlement, purloin- ing," or destruction of any letter or other, article Of mail-matter, or the contents thereof, intrusted to him for delivery or placed in his custody. (Aug. 4, 1886, c. 901, § 4, 24 Stat. 221.) See §§ 10364–10366, 10369. e § 7291. Same; messengers deemed carriers--- Every special-delivery messenger, when actually en- gaged in carrying or delivering letters or other mail matter under contract, directly or indirectly, With the Post-Office Department, or employed by the POSt-Of- § 7291 (Tit. 46 THE POSTAL SERVICE [Page 1152H fice Department, shall be deemed a Carrier or person intrusted with the mail and having custody thereof within the meaning Of Sections thirty-eight hundred and sixty-nine, thirty-nine hundred and ninety-five, fifty-four hundred and seventy-two, and fifty-four hundred and seventy-three of the Revised Statutes of the United States. (March 3, 1903, c. 1009, § 4, 32 Stat. 1176.) See §§ 10367, 10368, 10371. § 7292. Same; allowance for car fare for mes- sengers in first-class offices; delivery in first and second class offices—Out of the revenue arising from special-delivery business the Postmaster-General may allow expenditures by postmasters at first-class post- Offices, under regulations to be established by him, for Car fare for Special-delivery messengers in emer- gent cases where immediate delivery in the usual Way is impracticable, not to exceed in the aggregate, for all Offices, ten thousand dollars a year: And pro- Vided further, That at first and second class post- Offices the POstmaster-General may establish rules under which special delivery may be effected by any salaried Clerk Or employee thereof, and the lawful Special-delivery fees allowed therefor, the same as is In OW done at third-class Offices, in Cases where such delivery Can not be made by regular messengers. (June 2, 1900, c. 613, § 1, 31 Stat. 260.) Current appropriation for car fare and fees, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1064. § 7293. Same; use of ordinary stamps—From and after July first, nineteen hundred and Seven, when in addition to the stamps required to transmit any letter Or package Of mail matter through the mails there shall be attached to the envelope Or Cov- ering ten Cents’ worth of Ordinary stamps of any de- nomination, with the words “special delivery” or their equivalent written Or printed on the envelope Or Covering, under such regulations as the Postmas- ter-General may prescribe, the said package shall be handled, transmitted, and delivered in all respects as though it bore a regulation “Special delivery” stamp. (March 2, 1907, c. 2561, 34 Stat. 1244.) § 7294. Rural free-delivery service; special agents; route inspectors; clerks; carriers; sub- stitute carriers—That on and after July first, nine- teen hundred and two, the Postmaster-General be, and is hereby, authorized to classify the rural free- delivery service and fix the Compensation to employ- ees in such service as follows: [Special agents in Charge Of divisions] at not ex- ceeding two thousand four hundred dollars per an- Ill III]. [Special agents, four classes, graded in even hun- dreds of dollars, at one thousand three hundred, One thousand four hundred, one thousand five hundred, and not exceeding one thousand six hundred dollars per annum. [Route inspectors, four classes, graded in even hundreds of dollars, at nine hundred, One thousand, One thousand One hundred, and not exceeding One thousand two hundred dollars per annum. Clerks, four classes, graded in even hundreds Of dollars, at nine hundred, one thousand, one thousand One hundred, and not exceeding One thousand tWO hundred dollars per annum. Carriers at salary not exceeding [six hundred] dol- lars per annum and no other or further allowance Or salary shall be made to said carriers. But the Carri- ers shall not be prohibited from doing an express- package business provided it does not interfere with the discharge of their Official duties. TJnder such regulations as the Postmaster-General may prescribe, a substitute carrier may be employed, at the expense Of the regular Carrier, to temporarily perform the service On any rural free-delivery mail route. The Postmaster-General may allow such per diem and other incidental expenses in Connection with the rural free-delivery Service as Congress may from time to time provide. (April 21, 1902, c. 563, § 1, 32 Stat. 112.) Text in brackets superseded by §§ 7295, 7296. And see § 7296. Current appropriation for superintendent and as- Sistant Superintendent, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1109, and for clerk in charge of rural stations, See Act March 3, 1917, c. 163, § 1, 39 Stat. 1068. § 7294a. Same; extension—Rural mail delivery shall be extended so as to serve, as nearly as prac- ticable, the entire rural population of the United States. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 7294b. Same; routes; classes; increase of length of routes and pay of carriers—Hereafter all rural mail delivery routes shall be divided into two Classes to be known as— Standard horse-drawn vehicle routes, which shall be twenty-four miles in length, and - Standard motor-vehicle routes, which shall be fifty miles in length, and shall only be established hereaſt- er When a majority of the proposed patrons who are heads of families residing upon such proposed routes Shall by Written petition ask the Post Office Depart- ment to establish the Same. Nothing herein contained shall be construed to pro- hibit the establishment of horse-drawn vehicle routes Of less length than the standard of twenty-four miles: Provided, That if, in the discretion of the POStrmaster General, in order to render more complete Service, it should be necessary to do so the Postmaster General is hereby authorized to increase the length Of routes not to exceed fifty per centum above the Standards herein prescribed, and in Such cases the COImpensation of the carrier on such horse-drawn vehi- cle routes shall be increased above the maximum pay heretofore fixed by law for rural carriers at the rate of $24 per annum for each mile of said routes in excess Of thirty miles, and any major fraction of a mile shall be counted as a mile. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 7294c. Same; carriers to maintain neces- sary vehicle equipment—Carriers in rural mail- delivery Service shall furnish and maintain at their Own expense all necessary vehicle equipment for prompt handling of the mail. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) . § 7294d. Same; motor vehicles—Nothing here- in Shall be construed, and no order shall be issued, to prevent the use of motor vehicles on horse-drawn rºle routes. (July 28, 1916, c. 261, § 1, 39 Stat. 423. § 7294e. Same; sufficient equip me in t—The POstmaster General in his discretion may require all Carriers to furnish sufficient equipment to properly handle postal business on their routes. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 7294f. Same; reorganization and readjust- ment—The Postmaster General is hereby authorized and directed to reorganize and readjust existing rural mail delivery service where necessary to conform to the standards herein prescribed. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 7294g. Same; preference in appointments of carriers—In making appointments of rural car- riers for service on new routes, which may be created by the reorganization herein ordered, preference shall be given to carriers who were formerly employed in rural-delivery service and who were separated there- from on Or after June thirtieth, nineteen hundred and fifteen, by reason of any previous reorganization of the Service and without charges against them. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 7295. Same; division superintendents; ru- ral agents—On and after July first, nineteen hundred and four, Special agents in charge of divisions Of the rural free-delivery service shall be known and desig- nated as division superintendents of rural free-dekiv- ery service; and special agents and route inspectors Of Such Service shall be known and designated as ru- ral agents. (April 28, 1904, c. 1759, § 1, 33 Stat. 439.) Ch. 3) & 7801. THE POSTAL SERVICE . [Page 1153] § 7296. Same; carriers; salaries; restric- tions; carrying merchandise—On and after July first, nineteen hundred and four, letter carriers of the rural free-delivery service shall receive a salary lmot exceeding [Seven hundred and twenty] dollars per annum, and no Other or further allowance or salary Shall be made to Said Carriers; and On and after Said date said carriers shall not Solicit business or receive Orders of any kind for any person, firm, or cor- poration, and shall not, during their hours of employ- ment, Carry any merchandise for hire: Provided, That said Carriers may carry merchandise for hire for and upon the request of patrons residing upon their respective routes, whenever the same shall not inter- fere with the proper discharge of their official duties, and under such regulations as the Postmaster-General Imay prescribe. (April 28, 1904, c. 1759, § 1, 33 Stat. 439.) Text in brackets superseded. See § 7300. § 7297. Same; superintendents of division, and rural agents appointed post-office inspectors —That all persons employed on the thirtieth day of June, nineteen hundred and six, as Superintendents of division, rural delivery, shall, on July first, nineteen hundred and six, be appointed as post-Office inspec- tors Of the grade of One thousand eight hundred dol- lars per year: And provided further, That all persons employed on June thirtieth, nineteen hundred and six, as rural agents shall, on July first, nineteen hundred and six, be appointed as post-Office inspectors, except not to exceed One hundred and forty-seven Of Such agents shall be so appointed as post-Office inspectors. (June 26, 1906, c. 3546, 34 Stat. 467.) § 7298. Same; carriers; leave of absence; substitutes; clerks in charge of substations— Rural letter Carriers after twelve months’ Service shall be allowed annual leave with pay not to exceed fifteen days; the Substitutes for carriers On vacation to be paid during said service at the rate paid the Carrier. (March 2, 1907, c. 2513, 34 Stat. 1215.) Current appropriation for pay of rural carriers, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1068. § 7299. Same; compensation of carriers on water routes—in the discretion Of the POStrmaSter- General the pay of any rural carrier on a water route who furnishes his own power boat and is employed during the Summer months may be fixed at an amount Inot exceeding nine hundred dollars in any One Calen- dar year. (March 1, 1909, c. 232, 35 Stat. 669.) § 7300. Same; carriers; salaries; carriers fur- inishing motor vehicles—On and after July first, nineteen hundred and fifteen, the Compensation of each rural letter carrier for serving a rural route Of twenty-four miles and over, six days in the Week, shall be $1,200 per annum, payable monthly; On routes twenty miles and less than tWenty-four miles, $1,152; on routes twenty miles and less than twenty-two miles, $1,080; on routes eighteen miles and less than twenty miles, $960; on routes sixteen miles and less than eighteen miles, $840; On routes fourteen miles and less than sixteen miles, $720; On routes twelve miles and less than fourteen miles, $672; on routes ten miles and less than twelve miles, $624; On routes eight miles and less than ten miles, $576; On routes six miles and less than eight miles, $528; on routes four miles and less than six miles, $480. A rural letter carrier Serving One triweekly route shall be paid. On the basis for a route one-half the length of the route served by him, and a carrier Serv- ing two triweekly routes shall be paid on the basis for a route One-half of the Combined length of the two routes: Provided, That in the discretion of the Postmaster General, the pay of Carriers who furnish and maintain their Own motor vehicles and who serve routes not less than fifty miles in length may be fixed at not exceeding $1,800 per annum. (March 4, 1915, No. 15, 38 Stat. 1227.) § 7300a. Same; additional compensation to carriers carrying pouch mail to intermediate post COMP.S.T.’18—73 offices-The Postmaster General may, in his discre- tion, allow and pay additional compensation to rural letter carriers who are required to carry pouch mail to intermediate post Offices, or for intersecting loop routes, in all Cases where it appears that the carriage of such pouches increases the expense of the equipment re- Quired by the carrier or materially increases the amount Of labor performed by him, such compensa- tion not to exceed the sum of $12 per annum for each mile Such carrier is required to carry such pouch Or pouches. (July 28, 1916, c. 261, § 1, 39 Stat. 423.) § 730Gb. Same; maximum salary for carrier on Lake Winnipesaukee—The maximum yearly sal- ary of $1,800 shall hereafter be paid to the rural Carrier On Lake Winnipesaukee, who furnishes his OWn equipment. (March 3, 1917, c. 162, § 1, 39 Stat. 1068.) § 7301. Same; special agents and route in- spectors; administering oaths—Hereafter [Special agents, route inspectors] and examining inspectors in the rural free-delivery service shall be authorized and empowered to administer oaths to carriers and Other perSons employed in said service or in connec- tion with any business relating to the same. (April 21, 1902, c. 563, § 1, 32 Stat. 113.) Chapter Three—Mail-Matter Classification of mail-matter. Sec. 7302. 7303. First-class matter. 7303a. Same; limit of weight. 7304. Second-class matter. 7305. sº ; examination; advertisements attached to period- icalS. 7306. Same; conditions admitting publications to. 7307. Same; foreign periodicals as; publications violating copyright laws not mailable. 7308. Same; Supplements to. • 7309. Same; publications of benevolent or professional soci- eties, educational institutions, State boards and trade unions; advertisements; circulation. 7310. Same; periodical publications of State departments of agriculture. 7311. Same; affidavit of publishers; prepayment of postage. 73.12. Same; privileges annulled only after hearing. 7313. Same; sworn statements relating to newspapers and Other publications. : 7314. Same; paid editorials and reading matter marked “ad- vertisement.” 73.15. Third-class matter; rate of postage; foreign publica- tions. 73.16. Same; circular defined. 7317. Same; printed matter defined. 7318. Same; letters written by blind. 7319. (1) Fourth-class matter; limit of Weight and size; non- mailable matter. { 7320. (2) Same; postal zones. - 7321. (3) Same; rates of postage. 7322. (4) Same; equipment for parcel post. 7323. Same; reformation of classification of mailable articles, weight limit, rates, Zones, or conditions, 7324. (6) Same; regulations for insurance of parcels, and col- lection of postage. 7325. (8) Same; time of establishment of zones and rates. 7325a. Same; time for delivery of parcels. 7326. Same; rate on seeds and plants. - 7327. Same; purchase or rental of equipment and Supplies for parcel post system. 7327a. Same; experiments for determining means of extend- ing parcels post to farm products. - 7328. Same; disposition of nonmailable matter. 7329. Same; limit of weight. • . 7330. Same; limit of Weight; exceptions; nonmailable mat- ter. - 7331. Addresses on postal cards and unsealed circulars. Permissible marks on , and inclosures in second, third, and fourth class matter. Same; on third and fourth class matter. Metric postal balances. Wrapping and securing matter not charged with first- Class postage. r 7336. Same; removing Wrappers. 7337. Newspapers; dried and in wrappers. 7338. Same; notice of refusal to receive. 7339. Same; carrying Out of mail. 7340. Same; delivery by route-agents. 7341. Identification of persons claiming mail under fictitious address. Matter relating to Spurious money not mailable. Delivery of mail to persons not residents of place of ad- dress. - Letters seized to be returned to senders. : 3 7302 (Tit. 46 THE POSTAL SERVICE (R. S. §§ 3875–3878. Superseded.) R. S. § 3875, divided mailable matter into three classes: (1) Letters ; (2) regular printed matter ; (3) miscellaneous matter. R. S. § 3876, defined mailable matter of the first class as all correspondence wholly or partly in Writ- ing, except book-manuscripts and corrected proof-Sheets passing between authors and publishers. R. S. § 3877, de- fined mailable matter of the second class as all matter eX- clusively in print and regularly issued at stated periods from a known office of publication, without addition by writing, mark, or sign. R. S. § 3878, defined mailable matter of the third class as all pamphlets, occasional pub- lications, transient newspapers, magazines, hand bills, posters, unsealed circulars, prospectuses, books, book- manuscripts, proof-sheets, corrected proof-sheets, maps, prints, engravings, blanks, flexible pattern, Samples of merchandise not exceeding 12 ounces in weight, sample cards, phonographic paper, letter envelopes, postal en- velopes and wrappers, cards, plain and ornamented pal- per, photographic representations of different types, Seeds, cuttings, bulbs, roots, scions, and all other mailable mat- ter, and all other articles not above the weight prescribed by law which are not from their nature or form liable to injure the contents of the mail bag or the person of one engageu in the postal service, and excluded from the mail liquids, poisons, glass, explosive materials, and ob: scene books, and limited the weight of various articles of this class. All these sections were Superseded by Act March 3, 1879, c. 180, §§ 7, 8, 10, 17–20, and Act June 8, 1896, c. 370. See §§ 7302-7304, 7315–7317, 7330. § 7302. Classification of mail-matter—Mail- able matter shall be divided into four Classes: First, written matter; Second, periodical publications; Third, miscellaneous printed matter; Fourth, merchandise. (March 3, 1879, c. 180, § 7, 20 Stat. 358.) - § 7303. First-class matter—Mailable matter Of the first class shall embrace letters, postal cards, and all matters wholly or partly in writing, except as here: inafter provided. (March 3, 1879, c. 180, § 8, 20 Stat. 358.) & © § 7'303a. Same; limit of weight—The limit Of weight of mail matter of the first class shall be the same as is applicable to mail of the fourth Class. (May 18, 1916, c. 126, § 11, 39 Stat. 162.) § 7.304. Second-class matter—Mailable matter of the second class shall embrace all newspapers and other periºdical publications which are issued at Štat- ed intervals, and as frequently as four times a year and are within the conditions named in Section tWelve and fourteen. (March 3, 1879, c. 180, § 10, 20 Stat. 359.) § 7.305. Same; examination; advertisements attached to periodicals—Matter of the Second Class may be examined at the office of mailing, and if found to contain matter which is subject to a higher rate of postage, such matter shall be charged With postage at the rate to which the inclosed matter is subject: Provided, That nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same. (March 3, 1879, c. 180, § 12, 20 Stat. Q 359.) § 7306. Same; conditions admitting publica- tions to—The conditions upon which a publication shall be admitted to the second class are as follows: First. It must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively. Second. It must be issued from a known Office of publication. Third. It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for pres- ervation from periodical publications. Fourth. It must be originated and published for the dissemina- tion of information of a public character, or devoted to literature, the sciences, arts, or some Special in- dustry, and having a legitimate list of subscribers; Provided, however, That nothing herein contained shall be SO COnstrued as to admit to the second Class rate regular publications designed primarily for ad- Vertising purposes, Or; for free circulation, or for circulation at nominal rates. (March 3, 1879, c. 180, § 14, 20 Stat. 359.) * [Page 11541 t § 7307. Same; foreign periodicals as; publi- cations violating copyright laws, not mailable— Foreign newspapers and other periodicals of the Sarne general character as those admitted to the Sec- Ond Class in the United States may, under the direc- tion Of the Postmaster General, on application of the publishers thereof or their agents, be transmitted through the mails at the same rates as if published in the United States. Nothing in this act shall be SO COInstrued as to allow the transmission through the mails of any publication which violates, any copy- right granted by the United States. (March 3, 1879, C. 180, § 15, 20 Stat. 359.) § 7308. Samle; supplements to—Publishers Of matter. Of the Second class may without subjecting it to extra postage, fold within their regular issues a Supplement; but in all Cases the added matter must be germane to the publication which it supplements, that is to say, matter supplied in Order to complete that to Which it is added or supplemented, but Omit- ted from the regular issue for want of space, time, or greater Convenience, which supplement must in every Case be issued with the publication. (March 3, 1879, c. 180, § 16, 20°Stat. 359.) § 7309. Same; publications of benevolent or professional societies, educational institutions, State boards and trade unions; advertisements; circulation–From and after the passage of this Act all periodical publications issued from a known place Of publication at stated intervals, and as frequently as four times a year, by or under the auspices of a benevolent Or fraternal Society or Order organized under the lodge System and having a bona fide mem- bership Of not less than one thousand persons, or by a regularly incorporated institution of learning, or by a regularly established State institution of learn- ing Supported in whole or in part by public taxation, Or by or under the auspices of a trades union, and all publications Of Strictly professional, literary, histori- Cal, Or Scientific Societies, including the bulletins is- Sued by State boards of health, and by State boards or departments of public charities and corrections, shall be admitted to the mails as Second-Class matter, and the postage thereon shall be the same as On other Sec- ond-class matter; and such periodical publications, is- sued by or under the auspices of benevolent or frater- nal Societies Or Orders Or trades-unions, Or by Strictly professional, literary, historical, or scientific Societies, shall have the right to Carry advertising matter, Whether Such matter pertains to such beneVOlent Or fraternal societies or Orders, trades unions, strictly professional, literary, historical, or scientific Socie- ties, or to other persons, institutions, or Concerns; but such periodical publications, hereby permitted to carry advertising matter, must not be designed or published primarily for advertising purposes, and shall be originated and published to further the objects and purposes of such benevolent or fraternal SOCieties or orders, trades-unions, or other societies, respective- ly; and all such periodicals shall be formed of print- ed paper sheets, without board, cloth, leather or other Substantial binding, such as distinguish printed books for preservation from periodical publications: Pro- vided, That the circulation through the mails of peri- odical publications issued by, or under the auspices of, benevolent or fraternal societies or orders, Or trades-unions, or by strictly professional, literary, his- torical, or scientific societies, as second-class mail mat- ter, shall be limited to copies mailed to Such mem- bers as pay therefor, either as a part of their dues or assessments, or otherwise, not less than fifty per centum of the regular subscription price; to Other bona fide subscribers; to exchanges, and ten per centum of such circulation as sample Copies : Pro- vided further, That when such members pay therefor as a part of their dues or assessments, individual Sub- scriptions or receipts shall not be required: Provided further, That the office of publication of any such Ch. 3) ź 7319 (1) TEIE POSTAL SERVICE [Page 1155] periodical publication shall be fixed by the associa- tion or body by which it is published, Or by its execu- tive board, and such publication shall be printed at such place and entered at the nearest post office there- to. (Aug. 24, 1912, c. 389, § 1, 37 Stat. 550.) §. 7310. Same; periodical publications of State departments of agriculture—All periodical publi- cations issued from a known place of publication at Stated intervals as frequently as four times a year by State departments of agriculture shall be admitted to the mails as Second-class mail matter : Provided, That such matter shall be published Only for the pur- pose of furthering the objects of such departments: And provided further, That such publications shall not contain any advertising matter of any kind. (June 6, 1900, c. 801, 31 Stat. 660.) § 7311. Same; affidavit of publishers; prepay- ment of postage—The Postmaster-General, when in his judgment it shall be necessary, may prescribe, by regulation, an affidavit in form, to be taken by each publisher of any newspaper or periodical publication sent through the mails under the provisions of this act, or news agent who distributes any of such newS- papers or periodical publications under the provi- Sions Of this act, or employé of such publisher Or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or COpies Of such newspaper or periodical publications except to regular subscribers thereto, or news agents, without prepayment of the postage thereon at the rate of One cent for each two Ounces or fractional part there- of ; and if such publisher or news agent, or employé Of such publisher or news agent, when required by the Postmaster-General Or any special agent of the Post- Office Department to make such affidavit, shall re- fuse SO to do, and shall thereafter, without having made such affidavit deposit any newspapers in the mail for transmission, he shall be deemed guilty of a misdemeanOr, and On COnviction, Shall be fined not exceeding one thousand dollars for each refusal; and if any such person shall knowingly and willfully mail any such matter without the payment of postage as provided by this act, or procure the same to be done . With the intent to avoid the prepayment of postage due thereon; Or if any postmaster or post-Office Official shali knowingly permit any such matter to be mailed without prepayment Of postage as provided in this act, and in violation of the provisions of the same, he or they shall be deemed guilty of a misdemeanor, and, On Conviction thereof, Shall be fined not more than One thousand dollars, or imprisoned not exceeding One year, One Or both, in the discretion of the Court. (Aug. 24, 1874, c. 456, § 9, 18 Stat. 233.) See §§ 7356–7361. § 7312. Same; privileges annulled only after hearing—When any publication has been accorded second-class mail privileges, the same shall not be Suspended Or annulled until a hearing shall have been granted to the parties interested. (March 3, 1901, c. 851, § 1, 31 Stat. 1107.) § 7313. Same; sworn statements relating to newspapers and other publications—That it shall be the duty of the editor, publisher, business man- ager, or OWner of every newspaper, magazine, periodi- Cal, or other publication to file with the Postmaster General and the postmaster at the office at which said publication is entered, not later than the first day of April and the first day of October of each year, on blanks furnished by the Post Office Department, a Sworn Statement setting forth the names and post- Office addresses of the editor and managing editor, publisher, business managers, and owners, and, in ad- dition, the Stockholders, if the publication be owned by a corporation ; and also the names of known bond- holders, mortgagees, or other security holders; and also, in the ease of daily newspapers, there shall be included in such statement the average of the number Of copies of each issue of such publication sold or distributed to paid subscribers during the preceding terms to several persons. six months: Provided, That the provisions of this paragraph shall not apply to religious, fraternal, tem- perance, and Scientific, or other similar publications: Provided further, That it shall not be necessary to in- clude in Such statement the names of persons OWrling less than One per centum of the total amount of Stock, bonds, mortgages, or other securities. A Copy Of Such SWOrn statement shall be published in the second issue Of Such newspaper, magazine, Or Other publication printed next after the filing of such statement. Any such publication shall be denied the privileges of the mail if it shall fail to comply with the provisions of this paragraph within ten days after notice by regis- tered letter of such failure. (Aug. 24, 1912, C. 389, § 2, 37 Stat. 553.) § 7314. Same; paid editorials and reading matter marked “advertisement”—That all editorial or other reading matter published in any Such newspa- per, magazine, or periodical for the publication of which money or other valuable consideration is paid, accept- ed, or promised shall be plainly marked “advertise- ment.” Any editor or publisher printing editorial Or Other reading matter for which compensation is paid, accepted, or promised without so marking the same, shall upon conviction in any Court having jurisdiction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500.) (Aug. 24, 1912, c. 389, § 2, 37 Stat. 554.) § 7315. Third-class matter; rate of postage; foreign publications—Mail matter of the third class shall embrace books, transient newspapers, and period- icals, circulars, and other matter wholly in print (not included in section twelve), proof sheets, corrected proof sheets, and manuscript copy accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fractional part thereof, and shall fully be prepaid by postage stamps affixed to said matter. Printed matter Other than books re- ceived in the mails from foreign countries under the provisions Of postal treaties or conventions shall be free of customs duty, and books which are admitted to the international mails exchanged under the pro- visions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to address- es in the United States under such regulations for the Collection of duties as may be agreed upon by the Secretary Of the Treasury and the Postmaster Gen- eral. (March 3, 1879, c. 180, § 17, 20 Stat. 359.) § 7316. Same; circular defined—The term “cir- cular” is defined to be a printed letter, which, ac- Cording to internal evidence, is being sent in identical A circular Shall not lose its character as such, when the date and the name of the addressed and Of the Sender shall be written therein, nor by the correction of mere typographical errors in writing. (March 3, 1879, c. 180, § 18, 20 Stat. 360.) § 7317. Same; printed matter defined—“Print- ed matter” Within the intendment Of this act is de- fined to be the reproduction upon paper, by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any com- bination thereof, not having the character of an actual and personal correspondence. (March 3, 1879, c. 180, § 19, 20 Stat. 360.) § 7318. Same; letters , written by blind–All letters written in point print Or raised characters used by the blind when unsealed shall be transmitted through the mails as third-class matter. All acts or parts of acts conflicting with this Act are hereby re- pealed. (March 2, 1899, c. 362, 30 Stat. 984.) § 7319. (1) Fourth-class matter; limit of weight and size; nonmailable matter—Hereafter fourth-class mail matter shall embrace all other mat- ter, including farm and factory products, not now embraced by law in either the first, second, or third class, not exceeding eleven pounds in weight, nor greater in size than seventy-two inches in length and girth combined, nor in form or kind likely to injure the person of any postal employee or damage the Ž 7320 (2) (Tit. 46 THE POSTAL SERVICE [Page 1156] mail equipment or other mail matter and not of a character perishable within a period reasonably re- Quired for transportation and delivery. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 557.) § 7320. (2) Same; postal zones—For the pur- poses of this section the United States and its Sever- al Territories and possessions, excepting the Philip- pine Islands, shall be divided into units of area thir- ty minutes Square, identical with a quarter Of the area formed by the intersecting parallels of latitude and meridians of longitude, represented on appro- priate postal maps or plans, and such units of area shall be the basis of eight postal zones, as follows: The first zone shall include all territory within Such quadrangle, in conjunction with every Contig- uOUIS quadrangle, representing an area having a mean radial distance of approximately fifty miles from the center of any given unit of area. The second zone shall include all units of area out- side the first zone lying in whole or in part within a radius of approximately one hundred and fifty miles from the Center of a given unit of area. The third Zone shall include all units of area out- Side the Second zone lying in whole or in part within a radius Of approximately three hundred miles from the Center Of a given unit of area. The fourth zone shall include all units of area out- side the third zone lying in whole or in part within a l'adius Of approximately six hundred miles from the Center Of a given unit of area. The fifth Zone shall include all units of area. Out- Side the fourth zone lying in whole or in part within a radius Of approximately One thousand miles from the Center of a given unit of area. The sixth zone shall include all units of area. Out- side the fifth zone lying in whole or in part within a radius of approximately one thousand four hundred miles from the center of a given unit of area. The Seventh Zone shall include all units of area. Outside the sixth zone lying in whole or in part with- in a radius Of approximately one thousand eight hun- dred miles from the Center of a given Unit of area. The eighth Zone shall include all units of area. Out- side the seventh zone. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 557.) * § 7321. G3) Same; rates of postage—The rate Of postage On fourth-class matter weighing not more than four Ounces shall be One cent for each Ounce Or fraction Of an ounce; and on such matter in excess Of four Ounces in weight the rate shall be by the pound, as hereinafter provided, the postage in all Cases to be prepaid by distinctive postage stamps af- fixed. That except as provided in the next preceding par- agraph postage on matter of the fourth class shall be prepaid at the following rates: On all matter mailed at the post office from which a rural route starts, for delivery on such route, or mailed at any point on such route for delivery at any other point thereon, or at the office from which the route starts, or on any rural route starting there- from, and on all matter mailed at a city carrier of fice, or at any point within its delivery limits, for delivery by carriers from that office, or at any office for local delivery, five cents for the first pound or fraction of a pound and one cent for each additional pound or fraction of a pound. For delivery within the first zone, except as pro- vided in the next preceding paragraph, five Cents for the first pound or fraction of a pound and three cents for each additional pound Or fraction of a pound. For delivery within the second zone, six cents for the first pound or fraction of a pound and four cents for each additional pound Or fraction of a pound. For delivery within the third Zone, seven cents for the first pound or fraction of a pound and five cents for each additional pound Or fraction Of a pound. For delivery within the fourth ZOne, eight Cents for the first pound or fraction of a pound and six cents for each additional pound or fraction of a pound. For delivery within the fifth Zone, nine Cents for the first pound or fraction of a pound and seven Cents for each additional pound or fraction of a pound. For delivery within the sixth zone, ten cents for the first pound or fraction of a pound and nine Cents for each additional pound or fraction of a pound. For delivery within the seventh zone, eleven cents for the first pound Or fraction Of a pound and £en Cents for each additional pound Or fraction Of a pOund. - For delivery within the eighth zone and between the Philippine Islands and any portion of the United States, including the District of Columbia and the several Territories and possessions, twelve cents for the first pound or fraction of a pound and twelve Cents for each additional pound or fraction of a pound. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 557.) § 7322. (4) Same; equipment for parcel post —The POstmaster General shall provide Such Special equipment, maps, stamps, directories, and printed in- Structions as may be necessary for the administra- tion of this section. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 558.) § 7323. Same; reformation of classification of mailable articles, weight Himit, rates, zones, or conditions—If the Postmaster General shall find on experience that the classification of articles mail- able, as well as the weight limit, or the rates of post- age, zone or zones, and other Conditions Of mailabil- ity, under section eight of the Act approved August twenty-fourth, nineteen hundred and twelve, Or any of them, are such as to prevent the shipment Of arti- cles desirable, or to permanently render the cost of the service greater than the receipts of the revenue therefrom, he is hereby authorized to re-form from time to time such classification, weight limit, rates, Zone or zones, or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost thereof: Provided, however, That before any Change is hereafter made in weight limit, rates Of postage, Or Zone or zones, by the Postmaster Gen- eral, the proposed change shall be approved by the Interstate Commerce Commission after thorough and independent consideration by that body in such man- ner as it may determine. (July 28, 1916, c. 261, § 6, 39 Stat. 431.) § 7324. (6) Saxmle; regulations for insurance of parcels, and collection of postage—The Postmas- ter General shall make provision by regulation for the indemnification of shippers, for shipment injured or lost, by insurance or Otherwise, and, when desired, for the collection on delivery of the postage and price of the article shipped, fixing such charges as may be necessary to pay the Cost of such additional Services. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 558.) § 73.25. (8) Same; time of establishment of zones and rates—The establishment of zones and postage rates of this section shall go into effect Jan- uary first, nineteen hundred and thirteen. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 558.) § 7325a. Same; time for delivery of pareels— The Postmaster General may, in his discretion, by Order, fix the time within which all parcels of the fourth Class shall be delivered. (March 9, 1914, C. 33, 38 Stat. 304, amended, April 24, 1914, c. 69, 38 Stat. 346.) - § 7326. Same; rate on seeds and plants—Seeds, cuttings, bulbs, roots, scions, and plants, shall here- after be embraced in and carried as fourth-Class mat- ter and for the same rates of postage: ProVided, That all packages thereof containing eight Ounces or less shall be charged for at the rate of 1 cent for two ounces or fraction thereof. (March 9, 1914, C. 33, 38 Stat. 304, amended, April 24, 1914, c. 69, 38 Stat. 346.) Ch. 3) 3 7333 THE POSTAL SERVICE [Page 1157I' § 7327. Same; purchase or rental of equip- ment and supplies for parcel post system—To en- able the Postmaster General to carry out effectively the provisions of Section eight of the Act approved August twenty-fourth, nineteen hundred and twelve, making appropriations for the service of the Post Of- fice Department for the fiscal year ending June thir- tieth, nineteen hundred and thirteen, and for other purposes, he is hereby authorized to provide by pur- chase, rental, or otherwise, such equipment and Sup- plies, including vehicles, maps, stamps, directories, and printed instructions, as may be necessary, and to appoint and compensate such additional employees as may be required, including employees in the Post Office Department at Washington, District of Colum- bia. * * (March 4, 1913, c. 149, 37 Stat. 928.) § 7327a. Same; experiments for determining means of extending pareels post to farm products —The POStrmaster General is hereby authorized to COnduct experiments in three Or more Communities for the purpose of determining the most practical means of extending the operations of the parcel post in the direction of promoting the marketing Of farm products and furthering direct transactions between producers and consumers. Such investigation will further include the Consideration of the effects On the Rural Free Delivery Service such extension of the Parcel Post System will have, and report of con- Clusions reached shall be made to Congress. (July 28, 1916, c. 261, § 1, 39 Stat. 424.) - $ 7328. Same; matter—All matter of the fourth class shall be sub- ject to examination and to a postage charge at the rate of one cent an ounce" or fraction thereof, to be prepaid by stamps affixed. If any matter excluded from the mails by the preceding section of this act, except that declared non mailable by section thirty eight hundred and ninety-three of the Revised Statutes as amended, shall, by inadvertence, reach the office of destination, the same shall be delivered in accord- ance with its address: Provided, That the party ad- dressed shall furnish the name and address of the sender to the postmaster at the office of delivery, who shall immediately report the facts to the Postmas- ter General. If the person addressed refuse to give the required information, the postmaster shall hold the package subject to the Order of the Postmaster General. All matter declared non mailable by section thirty eight hundred and ninety three of the Revised Statutes as amended, which shall reach the Office of delivery, shall be held by the postmaster at the said office subject to the order of the Postmaster Gener- | al. (March 3, 1879, c. 180, § 21, 20 Stat. 360.) See § 10381. § 7329. Same; weighing more than four pounds shall be received for Conveyance by mail, except books published or cir- culated by Order of Congress. (R. S. § 3879.). - § 7330. Saxme; limit of weight; exceptioras; nonmailable matter—Mailable matter of the fourth Class Shall embrace all matter not embraced in the first, second, or third class which is not in its form or nature liable to destroy, deface, or Otherwise dam- age the contents of the mail bag or harm the person Of anyone engaged in the postal service, and is not above the weight provided by law, which is hereby declared to be not exceeding four pounds for each package thereof, except in Case Of single books weigh- ing in excess of that amount, and except for books and documents published or circulated by Order of Congress, or printed or written Official matter emanat- ing from any of the Departments of the Government, or from the Smithsonian Institution, or which is not declared nonmailable under the provisions of Section thirty-eight hundred and ninety-three Of the Revis- ed Statutes as amended by the Act of July twelfth, eighteen hundred and seventy-six, or matter apper- taining to lotteries, gift concerts, or fraudulent ºr disposition of non-mailable limit of weight—NO. package Schemes or devices. (June 8, 1896, c. 370, 29 Stat. 262.) - See § 10381. - - § 733i. Addresses on postal cards and unseal- ed circulars—Addresses upon postal cards and un- sealed circulars may be either written, printed, or affixed thereto, at the option of the sender. 1876, c. 179, § 15, 19 Stat. 82.) - . . . . . . . . . . § 73.32. Permissible marks on and inclosures in second, third, , and fourth class matter—Mail- (July 12, able matter of the second-class shall contain no writ- ing, print, or sign thereon or therein in addition to the original print, except as herein provided, to wit: the name and address of the person to whom the matter Shall be Sent, index figures Of Subscription book ei- ther printed or written, the printed title of the publi- cation and the place of its publication, the printed or written name and address without addition of adver- tisement of the publisher or sender, or both, and writ- ten or printed words or figures, or both, indicating the date on which the subscription to such matter will end, the correction of any typographical error, a . mark except by written or printed words, to designate a work or passage to which it is desired to call at- tention; the words “sample copy” when the matter is sent as such, the words “marked copy” when the mat- ter contains a marked item or article, and publishers or news agents may inclose in their publications, bills, receipts, and orders for subscriptions thereto, but the same shall be in such form as to convey no other in- formation than the name, place of publication, sub- scription price of the publication to which they refer and the subscription due thereon. Upon matter of the third class or upon the wrapper or envelope inclosing the same or the tag or labie attached thereto the sen- der may write his own name, occupation, and resi- dence or business address, preceded by the word “from,” and may make marks other than by Written or printed words to call attention to any word or pas- sage in the text, and may correct any typographical er- rors. There may be placed upon the blank leaves or cover of any book or printed matter of the third-class a simple manuscript dedication or inscription not of the nature of a personal correspondence. Upon the wrapper or envelope of third-class matter or the tag or lable attached thereto may be printed any matter mailable as third-class, but there must be left on the address Side a space Sufficient for a legible address and necessary stamps. With a package of fourth-class matter prepaid at the proper rate for that class, the Sender may inclOSe any mailable third-class matter, and may write upon the wrapper or cover thereof, Or tag or label accompanying the same, his name, OC- cupation, residence or business address, preceded by the word “from,” and any marks, numbers, names, Or letters for purpose of description, or may print there- On the same, and any printed matter not in the na- ture of a personal correspondence, but there must be left on the address side or face of the package a space sufficient for a legible address and necessary stamps. In all cases directions for transmit, delivery, forwarding, or return shall be deemed part of the ad- dress; and the Postmaster-General shall prescribe suitable regulations for carrying this section into ef- fect. (Jan. 20, 1888, c. 2, § 1, 25 Stat. 1.) § 7333. Šaxme; on third and fourth class mat- ter—In addition to the permissible marks, writing, and printing on mail matter of the third and fourth class- es, respectively, or on the envelopes or packages Con- taining them, as authorized by the Act of Congress ap- proved January twentieth, eighteen hundred and eighty-eight, entitled “An Act relating to permissible marks, printing, or Writing, upon second, third, and fourth class matter, and to amend the twenty-second and twenty-third sections of an Act entitled “An Act making appropriations for the service of the Post Of- fice Department for the fiscal year ending June thir- tieth, eighteen hundred and eighty, and for other pur- poses,’” there may be placed on such mail matter, or 3 7334 (Tit. 46 THE POSTAL SERVICE ... less rate than for matter of the first class. IIPage 1158] on the package, wrapper, or envelope inclosing the same, or on a tag or label attached thereto, either in writing or otherwise, the words “Please do not open until Christmas,” or words to that effect. (March 4, 1911, c. 241, § 6, 36 Stat. 1340.) -- § 7334. Metrie postal balances—The Postmas- ter-General shall furnish to the post-offices exchang- ing mails with foreign countries, and to such other offices as he may deem expedient, postal balances de- nominated in grams of the metric system, fifteen grams of which shall be the equivalent for postal pur- poses, of one-half ounce avoirdupois, and so on in progression. (R. S. § 3880.) . . (R. S. § 3881. Superseded.) This section authorized the Postmaster-General to pre- scribe by regulation the manner of wrapping and securing for the mails, all matter not charged with letter postage, so that it might be conveniently examined by postmas- ters, and, if not so wrapped and secured, it should be subject to letter, postage. It was superseded by Act March 3, 1879, c. 180, § 24 ($ 7335). . - § 7335. Wrapping and securing matter not charged with first-class postage—The Postmaster General may prescribe, by regulation, the manner of wrapping and securing for the mails all packages of matter not charged with first class postage, so that the contents of such packages may be easily examined; and no package the contents of which cannot be easily. examined shall pass in the mails, or be delivered at a & - (March 3, 1879, c. 180, § 24, 20 Stat. 361.) - § 7336. Same; removing wrappers—Postmas- ters at the office of delivery may remove the wrap- pers and envelopes from mail-matter not charged with letter-postage, when it can be done without destroy- ing them, for the purpose of ascertaining whether there is upon or connected with any such matter any- thing which would authorize or require the charge of a higher rate of postage thereon. (R. S. § 3882.) § 7337. Newspapers; dried and in wrappers— No newspapers shall be received to be conveyed by mail unless they are Sufficiently dried and inclosed in proper wrappers. (R. S. § 3883.) (R. S. § 3884. Superseded.) This section provided that where newspapers or other periodicals were received at a post-office, directed to one address, and a list of the names of the subscribers to whom they belonged, with a postage for a quarter in ad- vance, the postmaster should deliver such papers to their owners. ... It was superseded by Act June 23, 1874, c. 456, §§ 5, 6 (§§ 7356, 7357). . - - - § 7338. Same; notice of refusal to receive— Postmasters shall notify the publisher of any news- paper, or other periodical, when any subscriber shall refuse to take the same from the office, or neglect to call for it for the period of one month. (R. S. § 3886. Superseded.) This section authorized publishers of newspapers and periodicals to print or write on their publications sent to regular subscribers the address of the subscriber and the date when the subscription expires, and to inclose therein bills and receipts for subscriptions, without sub- jecting the publication to extra postage. It was supersed- ed by Act March 3, 1879, c. 180, § 22, 20 Stat. 361, and by Act Jan. 20, 1888, c. 2, § 1 ($ 7332). (R. S. § 3887. Repealed.) - - This section, which made it punishable to inclose any letter, etc., in or make any writing, etc., on mail matter not charged with letter postage, and Act March 3, 1879, c. 180, § 23, 20 Stat. 3613 and Act Jan. 20, 1888, c. 2, § 2, 25 Stat. 2, relating to the same subject, were incorporated in the Criminal Code in section 221 thereof (§ 10391), and were repealed by section 341 thereof (§ 10515). § 7339. Same; tors or mail-carriers may convey, out of the mail, newspapers for sale or distribution to Subscribers. (R. S. § 3888.) § 7340. Same; delivery by route-agents—The Postmaster-General may provide by Order the terms upon which route-agents may receive from publish- ers or any news agents in charge thereof, and deliver the same as directed, if presented and called for at the mail-car or steamer, packages of newspapers and , other periodicals not received from or intended for delivery at any post-office. (R. S. § 3889.) (R. S. § 3885.) carrying out of mail-Contrac- (R. S. §§ 3890, 3891. Repealed.) R. S. § 3890, made it punishable for any postmaster un- lawfully to detain in his office any mail matter, the post- ing of which was not prohibited by law, with intent to prevent its delivery. R. S. § 3891, made it punishable for any postal employé to detain, delay, or open a letter, packet, bag, or mail of letters or to embezzle or destroy any of them. These sections were incorporated into the Criminal Code in section 195 thereof (§ 10365), and were repealed by section 341 thereof (§ 10515). - (R. S. § 3892. Repealed.) - This section made it punishable for any person to take a letter, postal card or packet from a post-office, or car- rier, with intent to obstruct the correspondence, or to se- Crete, embezzle or destroy the same. It was incorporated into the Criminal Code in section 194 thereof (§ 10374), and was repealed by section 341 thereof (§ 10515). (R. S. § 3893. Repealed.) This section, as amended by Act July 12, 1876, c. 186, § 1, 19 Stat. 90, and Act Sept. 26, 1888, c. 1039, § 2, 25 Stat. 496, made it punishable to mail obscene books, etc., and articles for indecent or immoral use. It was incorporated into the Criminal Code in section 211 thereof (§ 10381) and was repealed by section 341 thereof (§ 10515). Previ- ous to the repeal of said section it was again amended by a provision of Act May 27, 1908, c. 206, 35 Stat. 416, as follows: “That section thirty-eight hundred and ninety- three of the Revised Statutes of the United States be, and the same is hereby, amended by adding thereto the fol- lowing: “And the term “indecent” within the intendment of this section shall include matter of a character tend- ing to incite arson, murder, or assassination.’ ” The pro- vision added by this amendment was not included in Criminal Code, § 211, in which Rev. St. § 3893, was incor- porated. - - (R. S. § 3894. Repealed.) - This section, as amended by Act July 12, 1876, c. 186, § 2, 19 Stat. 90, and Act Sept. 19, 1890, c. 908, § 465, made it punishable to mail letters, postal cards, or circulars concerning any lottery or gift enterprise. It was incorporated into the Criminal Code in section 213 thereof (§ 10383), and was repealed by section 341 thereof (§ 10515). £3 § 7341. Identification of persons claiming mail under fictitious address—The Postmaster-Gen- eral may, upon evidence satisfactory to him, that any person is using any fictitious, false, or assumed name, title, or address in conducting, promoting, Or carrying on or assisting therein, by means of the Post-Office Establishment of the United States, any business scheme or device in violation of the provi- sions of this act, instruct any postmaster at any post-office at which such letters, cards, or packets, addressed to such fictitious, false, or assumed name or address arrive to notify the party claiming or re- ceiving such letters, cards, or packets to appear at the post-office and be identified; and if the party so no- tified fail to appear and be identified, or if it shall sat- isfactorily appear that such letters, cards, or packets are addressed to a fictitious, false, or assumed name or address, such letters, postal-cards, or packages shall be forwarded to the dead-letter Office as fictitious mat- ter. (March 2, 1889, c. 393, § 3, 25 Stat. 873.) § 7342. Matter relating to spurious money not mailable—All matter the deposit of which in the mails is by this act made punishable is hereby de- clared non-mailable; but nothing in this act shall be so construed as to authorize any person other than an employee of the dead-letter office, duly authorized thereto, to open any letter not addressed to himself. (March 2, 1889, c. 393, § 4, 25 Stat. 874.) § 7343. Delivery of mail to persons not resi- dents of place of address—Whenever the POStimaS- ter-General is satisfied that letters or packets sent in the mails are addressed to places not the residence or business address of the persons for whom they are intended, to enable such persons to escape identifica- tion, he may direct postmasters to deliver such let- ters only from the post-office upon identification of persons addressed. 874.) § 7344. Letters seized to be returned to send- ers—All letters, packets, or other matter which may be Seized Or detained for Violation of law shall be return- ed to the owner or sender of the same, or otherwise disposed of as the POStnaster-General may direct. (R. S. § 3895.) - (March 2, 1889, c. 393, § 5, 25 Stat. 1, 26 Stat. - Ch. 4) Ž 7352 THE POSTAL SERVICE [Page 1159] Sec. Chapter Four—Postage 7345. Prepayment of postage. 7346. Disposal of partly paid and unpaid letters. 7347. Disposal of part-paid first-class matter; stamps. . - 7348. Returning or remailing without full prepayment; Sec- ond, third, and fourth class matter. 7349. Same; third and fourth class matter. 7350. Second-class publications not deliverable at address thereon; return charged with third-class rate. 7351. Payment of postage before delivery. 7352. Box-rents to be prepaid. 7353. Postage on first-class matter. 7354. Same. Same; increase; drop letters and postal cards. Same; payment into general fund of Treasury of dif- ference between amount receivable under increased rates and amount receivable under old rates. 7355. Postage on private mailing cards. - 7356. Postage on newspapers and periodicals mailed by pub- lisher or news agent. - 7357. Same; time and manner of paying. 7358. Postage on second-class matter mailed by publishers or news agents. deficiency 7358a. Same; increase; advertising matter. 7358b. Postage on second-class matter of religious Organiza- tions. - 73580. Postage on second-class matter where edition mailed to one zone does not exceed one pound. 73586. Zone rates related to entire bulk. collecting and pre- 7359. Discontinuance of newspaper stamps; accounting for postage on second-class matter; payment. - - . 7360. Postage on newspapers mailed in county of publication and at free-delivery offices. 7360a. Postage on daily newspapers deposited in letter-carrier Offices. - - 7361. Postage on second-class matter' mailed by others than publishers or news agents. Same. 7362. Postage on Congressional Record mailed at Washington. 7363. [Superseded.] . 7364. Quantities of identical pieces of third or fourth class : matter accepted for transmission without stamps, if - prepaid. - 7365. Clothing to soldiers by mail. 7366. Postage on foreign mail-matter. 7367. Postage on irregular sea-letters. 7367a. Postage on aeroplane mail. 7368. Refund of postage paid for service not rendered, or in excess of legal rate. 7369. Free transmission; matter relating to official business; - official envelopes. 7370. Same; matter relating to official business; indorsement of penalty. . 7371. Same; extension; indorsements on envelopes; ed free mail-matter; repeal. 7372. Same; official matter of Soldiers’ Home. . . 7373. Same; official matter of Bureau of American Republics. 7374. Same; penalty envelopes for answers inclosed. - 7375. Same; official correspondence of Superintendent of Doc- uments. i. 7376. Same; official mail-matter relating to census; use of official indorsement to avoid payment of postage. 7377. Same; Congressional Record under frank of members of Congress. envelopes; register- 7378. Same; public documents sent and received by Vice- President and members of Congress. 7379. Same; official correspondence of Vice-President and Members of Congress. . 7380. Same; seeds and reports from Department of Agricul- ture. 7380a. Same; agricultural extension work between agricultu- ral colleges and Department of Agriculture. | 7381. Same; Hawaiian Islands. 7382. Same; matter admitted under penalty privilege re- - stricted. 7382a. Same; matter admitted under penalty privilege re- Stricted. - 7383. Same; lending or permitting use of frank unlawful. 7384. Same; reading matter for blind. 7385. Same; reading matter for blind. 7385a. Same; letters written by soldiers in foreign countries. 7385b. Same; matter relating to naturalization. § 7345. Prepayment of postage—Postage on all mail-matter must be prepaid by stamps at the time of mailing, unless herein otherwise provided for. (R. S. § 3896.) See §§ 7315, 7328. - (R. S. § 3897. Superseded.) This section provided that all mail-matter of the third class should be prepaid in full in postage-Stamps at the office of mailing. It was Superseded by Act March 9, 1879, c. 180, § 17 (§ 7315). tº § 7346. Disposal of partly paid and unpaid letters—All mail-matter deposited for mailing, On which one full rate of postage has been paid as requir- ed by law, shall be forwarded to its destination, charg- ter shall give a receipt. ed. With any portion of the proper postage which may be unpaid, to be collected on delivery. But if any mail-matter, on which by law the postage is required to be prepaid at the mailing-Office, shall by inadver- tence reach its destination without any prepayment, double the prepaid rates shall be charged and Collect- ed on delivery. (R. S. § 3898.) - § 7347. Disposal of part-paid first-class mat- ter; deficiency stamps—All mail-matter of the first Class upon which one full rate of postage has been prepaid shall be forwarded to its destination, charged With the unpaid rate, to be collected on delivery ; but postmasters, before delivering the same, or any article of mail-matter upon which prepayment in full has not been made, shall affix, or cause to be affixed, and canceled, as ordinary stamps are canceled, one or more Stamps equivalent in value to the amount of postage due On Such article of mail-matter, which Stamps shall be of such special design and denomina- tion as the Postmaster-General may prescribe, and which shall in no case be sold by any postmaster nor received by him in prepayment of postage. (March 3, 1879, c. 180, § 26, 20 Stat. 361.) § 7348. Returning or remailing, without fuIl prepayment; second, third, and fourth class mat- ter—Second, third, and fourth class mail matter shall not be returned to sender or re-mailed until the post- age has been fully prepaid on the same: Provided, That in all cases where undelivered matter of these classes is of obvious value, the sender, if known, shall be notified of the fact of nondelivery, and be given the opportunity of prepaying the return postage. (June 13, 1898, c. 446, § 4, 30 Stat. 444.) ‘. . . . . . . . § 7349. Saxne; third and fourth class matter —Third and fourth class mail matter shall not be re- mailed to sender until the proper postage has been fully prepaid on the same: Provided, That in all cas- es. When undelivered mail matter of the third and fourth Class is of obvious value, the sender, if known, shall be given the opportunity of prepaying the return postage or accepting delivery to himself or upon his Order, at the Office where it is held, upon the payment Of One cent postage for each card notice given him, under Such regulations as the Postmaster-General may prescribe. (March 3, 1903, c. 1009, § 9, 32 Stat. 1176.) § 7350. Second-class publications not deliv- erable at address thereon; return charged with third-class rate—Hereafter when copies of any pub- lication of the second class, mailed by a publisher at the pound rate or free in the county of publication, are undeliverable at the address thereon, the post- master at the office of destination shall promptly notify the publisher of the fact, giving the reason therefor, and copies received five weeks after the mailing of the notice to the publisher, and in no in- stance until two successive issues thereof have been published, shall, under such regulations as the Post- master-General may prescribe, be separately returned, to the publisher thereof Charged With postage at the third-class rate. All laws and parts Of laws in Con- flict with this Act are hereby repealed. (May 12, 1910, c. 230, 36 Stat. 366.) - (R. S. § 3899. Repealed.) This section made it punishable for any postmaster, or other person authorized to receive the postage of letters, to demand or receive a rate of postage greater than was" allowed, or any other gratuity. It was incorporated into the Criminal Code in section 207 thereof (§ 10377), and was repealed by section 341 thereof (§ 105.15). § 7351. Payment of postage before delivery- No mail-matter shall be delivered until the postage due thereon has been paid. (R. S. § 3900.) § 73.52. Box-rents to be prepaid—No box at any post-office shall be assigned to the use of any person until the rent thereof has been paid for at least one quarter in advance, for which the postmas- (R. S. § 3901.) (R. S. §§ 3902-3904. Superseded.) R. S. § 3902, authorized the Postmaster-General to pro- vide by regulation for transmitting, unpaid and certified letters of soldiers, sailors, an il marines to their destina- 3 7853 (Tit. 46 THE POSTAL SERVICE [Page 1160] tion. R. S. § 3903, fixed the postage on first-class matter at three cents for each half ounce or fraction thereof. R. S. § 3904, fixed the postage on drop-letters at two cents Where free delivery was established, and one cent else- Where, for each half ounce or fraction thereof. All these #. Were Superseded by Act March 3, 1879, c. 180, § 9 § 7353. Postage on first-class matter—On mailable matter of the first class, except postal cards and drop letters, postage shall be prepaid at the rate Of three cents for each half ounce or fraction thereof; postal cards shall be transmitted through the mails at a postage charge Of One cent each, including the cost of manufacture; and drop letters shall be mailed at the rate of two cents per half ounce or fraction thereof, including delivery at letter carrier offices, and one cent for each half ounce or fraction thereof where free delivery by carrier is not established. The Post- master-General may, however, provide, by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the Service of the United States to their destination, to be paid on delivery. (March 3, 1879, c. 180, § 9, 20 Stat. 358.) § 73.54. Same-Upon all matter of the first class, as defined by chapter One hundred and eighty of the laws of Congress approved March third, eighteen hun- dred and seventy-nine, entitled “An act making ap- propriations for the Service Of the Post-Office Depart- ment for the fiscal year ending June thirtieth, eight- een hundred and eighty, and for other purposes,” and by that act declared subject to postage at the rate of three cents for each half-ounce or fraction thereof and reduced by the act of March third, eighteen hundred and eighty-three, to two cents for each half Ounce or fraction thereof, postage shall be charged, on and after the first day of July, eighteen hundred and eighty-five, at the rate of two cents for each ounce or fraction thereof; and drop letters shall be mailed at the rate of two cents per ounce or fraction thereof, including delivery at letter-carrier offices, and One cent for each OUInce Or fraction thereof where free delivery by carrier is not established. (March 3, 1885, c. 342, § 1, 23 Stat. 386.) See § 7303. - § 73.54a. Šame; increase; drop letters and postal cards—The rate of postage on all mail matter of the first class, except postal cards, shall thirty days after the passage of this Act 'be, in addition to the existing rate, 1 cent for each ounce or fraction thereof: Provided, That the rate of postage on drop letters Of the first class Shall be 2 cents an Ounce Or fraction thereof. Postal cards, and private mailing or post cards when complying with the requirements of existing law, Shall be transmitted through the mails at 1 cent each in addition to the existing rate. (Oct. 3, 1917, c. 63, § 1100, 40 Stat. 327.) § 7354b. Same; payment into general fund of Treasury of difference between amount re- ceivable tºnder increased rates and amount re- ceivable tinder old rates—The Postmaster General, ‘on or before the tenth day of each month, shall pay into the general fund Of the Treasury an amount equal to the difference between the estimated amount received during the preceding month for the trans- portation of first class matter through the mails and the estimated amount Which would have been received under the provisions of the law in force at the time •of the passage of this Act. (Oct. 3, 1917, c. 63, § 1107, 40 Stat. 328.) § 7355. Postage on private mailing eards— From and after the first day of July, eighteen hun- dred and ninety-eight, it shall be lawful to transmit by mail, at the postage rate of a cent apiece, payable by stamps to be affixed by the sender, and under such regulations as the Postmaster-General may prescribe, written messages on private mailing cards, such cards to be sent openly in the mails, to be no larger than the Size fixed by the convention of the Universal POS- tal Union, and to be approximately of the same form, quality, and Weight as the stamped postal card now in general use in the United States. (May 19, 1898, c. 347, 30 Stat. 419.) (R. S. §§ 3905–3908. Superseded.) R. S. § 3905, fixed the postage on newspapers and other periodical publications not exceeding four ounces in Weight, when sent from the publisher to regular subscrib- ers, at the following rates per quarter: On publications issued less frequently than once a week, at one cent an issue } issued once a week, 5 cents; and 5 cents addi- tional for each issue more frequent than once a week; and an additional rate was charged for each additional four ounces or fraction thereof. R. S. § 3906, required such postage to be paid before delivery for not less than One Quarter nor more than one year either at the Office of mailing or delivery. R. S. § 3907, authorized the Post- master-General to provide by regulations for carrying Small newspapers issued less frequently than once a week, in packages to one address, from the publisher to regular Subscribers, at the rate of one cent for each four ounces or fraction thereof. R. S. § 3908, provided that newsdeal- ers were entitled to receive and transmit by mail news- papers at the same rate as regular subscribers. All these sections were superseded by Act June 23, 1874, c. 456, §§ 5, 6 (§§ 7356, 7357). § 7356. Postage on newspapers and periodi- cals; mailed by publisher or news agent—On and after the first day of January, eighteen hundred and seventy-five, all newspapers and periodical publica- tions mailed from a known office of publication or news agency, and addressed to regular subscribers or news agents, postage shall be charged at the fol- lowing rates: * * (June 23, 1874, c. 456, § 5, 18 Stat. 232.) § 7357. Same; time and manner of paying- On and after the first day of January, eighteen hun- dred and seventy-five, upon the receipt of such news- papers and periodical publications at the office of mailing, they shall be weighed in bulk, and postage paid thereon by a special adhesive stamp, to be de- vised and furnished by the Postmaster-General, which shall be affixed to Such matter, Or to the Sack Con- taining the same, or upon a memorandum of such mailing, or otherwise, as the Postmaster-General may, from time to time, provide by regulation. (June 23, 1874, c. 456, § 6, 18 Stat. 233.) r § 7358. Postage on second-class matter mail- ed by publishers or news agents—All publications of the Second class except as provided in Section twenty-five of said act, when sent by the publisher thereof, and from the office of publication, including sample copies, or when sent from a news agency to actual subscribers thereto, or to other news agents, shall, on and after July first, eighteen hundred and eighty-five, be entitled to transmission through the mails at one cent a pound or a fraction thereof, such postage to be prepaid as now provided by law. (March 3, 1885, c. 342, § 1, 23 Stat. 387.) § 7358a. Same; increase; advertising matter –On and after July first, nineteen hundred and eight- een, the rates of postage on publications entered as Second-class matter (including sample copies to the ex- tent of ten per centum of the weight of copies mailed to subscribers during the calendar year) when sent by the publisher thereof from the post office of publica- tion or other post Office, or when sent by a news agent to actual Subscribers thereto, Or to Other news agents for the purpose of sale : (a) In the case of the portion of such publication devoted to matter Other than advertisements, shall be as follows: (1) On and after July first, nineteen hun- dred and eighteen, and until July first, nineteen hun- dred and nineteen, 1% Cents per pound or fraction thereof; (2) on and after July first, nineteen hundred and nineteen, 1% Cents per pound or fraction thereof. (b) In the case of the portion of such publication devoted to advertisements the rates per pound Or fraction thereof for delivery within the several zones applicable to fourth-class matter shall be as follows (but where the space devoted to advertisements does not exceed five per centum of the total space, the rate of postage shall be the same as if the whole of Such publication was devoted to matter other than ad- vertisements): (1) On and after July first, nineteen hundred and eighteen, and until July first, nineteen hundred and nineteen, for the first and second zones, 1%, cents; for the third zone, 1% cents; for the fourth Ch. 4) ź 7364 THE POSTAL SERVICE [Page 11611 zone, 2 cents; for the fifth Zone, 2% cents; for the sixth zone, 2% cents; for the seventh Zone, 3 cents; for the eighth Zone, 3% cents; (2) On and after July first, nineteen hundred and nineteen, and until July first, nineteen hundred and twenty, for the first and Second zones, 1% cents; for the third ZOne, 2 CentS; for the fourth zone, 3 cents; for the fifth Zone, 3% cents; for the sixth zone, 4 cents; for the Seventh zone, 5 cents; for the eighth Zone, 5% cents; (3) On and after July first, nineteen hundred and twenty, and until July first, nineteen hundred and twenty-One, for the first and second zones, 1% cents; for the third zone, 2% cents; for the fourth Zone, 4 cents; for the fifth zone, 4% cents; for the sixth Zone, 5% Cents; for the seventh Zone, 7 cents; for the eighth ZOne, 7% cents; (4) on and after July first, nineteen hun- dred and twenty-one, for the first and second ZOnes, 2 cents; for the third zone, 3 cents; for the fourth zone, 5 cents; for the fifth zone, 6 cents; for the sixth Zone, 7 cents; for the seventh Zone, 9 cents; for the eighth zone, 10 cents; (c) With the first mailing of each issue of each such publication, the publisher shall file with the postmas- ter a copy of such issue, together with a statement containing such information as the Postmaster Gen- eral may prescribe for determining the postage charge- able thereon. (Oct. 3, 1917, c. 63, § 1101, 40 Stat. 327.) § 7358b. Postage on second-class matter of re- ligious organizations—In the case of newspapers and periodicals entitled to be entered as Second-Class matter and maintained by and in the interest of re- ligious, educational, scientific, philanthropic, agricul- tural, labor, or fraternal Organizations or associations, not Organized for profit and none of the net income Of which inures to the benefit of any private stockholder Or individual, the second-class postage rates shall be, irrespective of the zone in which delivered (except when the Same are deposited in a letter Carrier Office for delivery by its Carriers, in which case the rates Shall be the same as now provided by law), 1% cents a pound or fraction thereof on and after July first, nine- teen hundred and eighteen, and until July first, nine- teen hundred and nineteen and On and after July first, nineteen hundred and nineteen, 1% cents a pound or fraction thereof. The publishers of such newspapers Or periodicals before being entitled to the foregoing rates shall furnish to the Postmaster General, at Such times and under such conditions as he may prescribe, Satisfactory evidence that none of the net income of Such Organizations inures to the benefit of any private stockholder or individual. (Oct. 3, 1917, c. 63, § 1103, 40 Stat. 328.) - § 7358 c. Postage on second-class matter where edition mailed to one zone does not exceed one pound—Where the total weight of any one edi- tion or issue of any publication mailed to any one ZOne does not exceed one pound, the rate of postage § be 1 cent. (Oct. 3, 1917, c. 63, § 1104, 40 Stat. § 735861. Zone rates related to entire bulk— The Zone rates provided by this title shall relate to the entire bulk mailed to any one zone and not to individually addressed packages. (Oct. 3, 1917, c. 63, § 1105, 40 Stat. 328.) § 7359. Discontinuance of newspaper stamps; collecting and accounting for postage on second- class matter; prepayment—After the thirtieth day Of June, eighteen hundred and ninety-eight, the use Of newspaper and periodical stamps may be discon- tinued, and all postage on second-class matter mailed Shall be collected and accounted for under such regu- lations as the Postmaster-General may prescribe: And provided further, That this shall in no manner be construed so as to repeal the present law requiring prepayment Of postage upon Second-class mail mat- ter. (June 13, 1898, c. 446, § 1, 30 Stat. 443.) § 7360. Postage on newspapers mailed in county of publication and at free-delivery offices —Publications of the second class, one copy to each actual Subscriber residing in the County where the Same are printed, in whole or in part, and published, Shall go free through the mails; but the same shall not be delivered at letter Carrier Offices, or distribut- ed by carriers, unless postage is paid thereon at the rate prescribed in section thirteen of this act: Pro- vided, That the rate of postage on newspapers, ex- Cepting Weeklies, and periodicals not exceeding tWO Ounces in Weight, when the Same are deposited in a letter-carrier office for delivery by its carriers, shall be uniform, at One cent each ; periodicals weighing more than two Ounces shall be Subject, When delive ered by such carriers, to a postage of two cents each, and these rates shall be prepaid by stamps affixed. (March 3, 1879, c. 180, § 25, 20 Stat. 361.) § 7360a. Postage on daily newspapers depos- ited in letter-carrier offices—The rate of postage On daily newspapers, when the same are deposited in a letter-carrier office for delivery by its carriers, shall be the same as now provided by law ; and nothing in this title shall affect existing law as to free circula- tion and existing rates on second-class mail matter within the county of publication: Provided, That the Postmaster General may hereafter require publishers to Separate Or make up to zones in Such a manner aS he may direct all mail matter Of the Second Class when offered for mailing. (Oct. 3, 1917, c. 63, § 1102, 40 Stat. 328.) § 7361. Postage on second-class matter mail- ed by others than publishers or news agents—The rate Of postage On newspaper and periodical publica- tions of the second class, when sent by others than the publisher or news agent, shall be one cent for each four ounces or fractional part thereof, and shall be fully prepaid by postage-stamps affixed to said matter. (June 9, 1884, c. 73, 23 Stat. 40.) § 7361a. Same—Where a newspaper or periodi- Cal is mailed by other than the publisher or his agent Or a newS agent Or dealer, the rate shall be the same as now provided by law. (Oct. 3, 1917, c. 63, § 1106, 40 Stat. 328.) (R. S. § 3909. Superseded.) This Section authorized the Postmaster-General to pre- Scribe the form of affidavits to be taken by publishers of newspapers sent to regular subscribers without prepay- ment of postage, to the effect that they would not send Without prepayment of postage any copies of such news- papers except to regular subscribers, and provided penal- ties for unlawfully sending newspapers through the mail, and for failing to make the required affidavit. It was Superseded by Act June 23, 1874, c. 456, § 9 (§ 7311). R. S. § 3910. Superseded.) r This Section fixed the rates of postage on third-class matter at One cent for each two ounces or fraction there- of, and double these rates for books, samples of metals, etc. It was superseded by Act March 3, 1879, c. 180, §§ 17, 21 (§§ 7315, 7328), which fixed the rates of postage on third and fourth class matter. The provision of said sec- tion 21 which fixed the rates of postage on fourth-class matter was Superseded by the establishment of postal zones and the fixing of fourth-class postage rates for said zones contained in the act establishing the parcel post system, Act Aug. 24, 1912, c. 389, § 8 (2), (3) (§§ 7320, 7321). § 73.62. Postage on Congressional Record mailed at Washington—The postage on each Copy of the daily Congressional Record mailed from the city of Washington as transient matter shall be one cent. (June 23, 1874, c. 456, § 13, 18 Stat. 237.) § 7363. [Superseded.] This section was a provision fixing postage on seeds, cuttings, bulbs, roots, Scions, and plants, made by the postal service appropriation act for the fiscal year 1889, Act July 24, 1888, c. 702, § 1, 25 Stat. 347. It was super- seded by Act March 9, 1914, c. 33, as amended by Act April 24, 1914, c. 69 (§ 7326). § 7364. Quantities of identical pieces of third or fourth class matter accepted for transmission without stamps if prepaid—Under Such regulations as the Postmaster General may establish for the Col- lection of the lawful revenue and for facilitating the handling Of Such matter in the mails it shall be law- ful to accept for transmission in the mails, without postage Stamps affixed, quantities Of not less than . three hundred identical pieces of third-class matter and of Second-class matter and two hundred and fifty & 7364 (Tit. 46 THE POSTAL SERVICE [Page 1162] identical pieces of fourth-class matter, and packages of money and securities mailed under postage at the first Or fourth Class rate by the Treasury Depart- ment: Provided, That postage shall be fully prepaid thereon at the rate required by law for a single piece of such matter. (April 28, 1904, c. 1759, § 2, 33 Stat. 440, amended, May 18, 1916, c. 126, § 13, 39 Stat. 162.) See § 7321. § 7365. Clothing to soldiers by maili–Packages of woolen, cotton, or linen clothing, not exceeding two pounds in weight, may be sent through the mail to any non-commissioned officer or private in the Army of the United States, if prepaid, at the rate of one cent for each one ounce or fraction thereof, subject to such regulations as the Postmaster-General may prescribe. (R. S. § 3911.) - See §§ 7319, 7321. § 7366. Postage on foreign mail-matter-The rate of United States postage on mail-matter Sent to or received from foreign countries with which dif- ferent rates have not been established by postal COn- vention or other arrangement, when forwarded by vessels regularly employed in transporting the mail, shall be ten cents for each half-ounce or fraction thereof on letters, unless reduced by Order Of the Postmaster-General; two Cents each. On newSpaperS ; and not exceeding two cents per each tWO Ounces, or fraction thereof, on pamphlets, periodicals, books, and other printed matter, which postage Shall be prepaid on matter sent and collected on matter re- ceived; and to avoid loss to the United States in the payment of balances, the Postmaster-General may COl- lect the unpaid postage on letters from foreign Coun- tries in coin or its equivalent. (R. S. § 3912.) See § 587. § 7367. Postage on , irregular sea-letters—All letters conveyed by vessels not regularly employed in carrying the mail shall, if for delivery Within the United States, be charged with double postage, to cover the fee paid to the vessel. (R. S. § 3918.) § 7367a. Postage on aeroplane mail—The Postmaster General, in his discretion, may require the payment of postage on mail carried by aeroplane at not exceeding 24 cents per Ounce or fraction there- of. (May 10, 1918, c. 71, 40 Stat.) § 7368. Refund of postage paid for service not rendered, or in excess of legal rate-Hereafter, whenever it shall be shown to the satisfaction of the Postmaster-General that any postage is paid on any mail matter for which service is not rendered, Or is collected in excess of the lawful rate, he may, in his discretion, authorize the postmaster at the Office where paid to refund the proper amount out of the postal receipts in the possession of the postmaster: Provided, That this provision shall apply to all an- plications for such refunds pending in the Post-Of- fice Department at the time of the passage of this Act. (March 3, 1905, c. 1480, § 2, 33 Stat. 1091.) § 7369. Free transmission; matter relating to official business; official envelopes—It shall be lawful to transmit through the mail, free Of postage, any letters, packages, or other matters relating ex- clusively to the business of the Government of the TJnited States: Provided, That every Such letter Or package to entitle it to pass free shall bear over the words “Official business” an endorsement ShoWing also the name of the Department, and, if from a bu- reau or office, the names of the Department and bul- reau or Office, as the Case may be, whence tranSmitted. (March 3, 1877, c. 103, § 5, 19 Stat. 335.) § 7370. Same; matter relating to official busi- ness; envelopes; indorsement of penalty—For the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its subordinate offices the necessary envelopes: and in addition to the endorsement designating the Department in which they are to be used, the penalty for the unlawful use Of these envelopes shall be stated thereon. 3, 1877, c. 103, § 6, 19 Stat. 336.) - § 7371. Same; extension; indorsements on envelopes; registered free mail-matter; repeal- The provisions of the fifth and sixth Section Of the act entitled “An act establishing post-routes, and for other purposes” approved March third, eighteen hun- dred and seventy-seven, for the transmission Of Of- ficial mail-matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements Containing the proper designation of the Office from which Or officer from whom the same is transmitted, With a statement Of the penalty for their misuse, And the provisions Of Said fifth and sixth Sections (March are hereby likewise extended and made applicable to all Official mail-matter of the Smithsonian Institu- tion: Provided, That any Department or Officer au- thorized to use the penalty envelopes may inclose them with return address to any person or persons from Or through whom Official information is desired, the Same to be used Only to COver Such Official in- formation, and indorsements relating thereto: Pro- vided further, That any letter or packet to be reg- istered by either of the Executive Departments, or Bureaus thereof, or by the Agricultural Department, or by the Public Printer, may be registered without the payment of any registry fee ; and any part-paid letter Or packet addressed to either of said Depart- ments Or Bureaus may be delivered free; but where there is good reason to believe the Omission to pre- pay the full postage thereon was intentional, such letter Or packet shall be returned to the Sender: Pro- vided further, That this act shall not extend or ap- ply to pension agents or other Officers who receive a fixed allowance as Compensation for their services, including expenses of postages. And section thirty- nine hundred and fifteen Of the Revised Statutes of the United States, so far as the same relates to Stamps and Stamped envelopes for official purposes, is hereby repealed. (March 3, 1879, c. 180, § 29, 20 i; 362, amended July 5, 1884, c. 234, § 3, 23 Stat. § 7372. Same; official matter of Soldiers’ Home—That the provisions of the fifth and sixth sec- tions of the Act entitled “An Act establishing post- routes, and for other purposes, approved March third, eighteen hundred and seventy-seven,” for the trans- mission of Official mail matter, be, and they are hereby, extended and made applicable to all Official mail-mat- ter of the National Home for Disabled Volunteer Sol- diers. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 412.) § 7373. Same; official matter of Bureau of American Republics—That the provisions of the fifth and sixth sections of the Act entitled “An Act estab- lishing post routes, and for other purposes,” approv- ed March three, eighteen hundred and Seventy-Sev- en, for the transmission of official mail matter, be, and they are hereby, extended and made applicable to all Official mail matter Of the Bureau of the Amer- ican Republics established in Washington by recom- mendation of the International American Conference, representing the International Union of American Republics. (Feb. 20, 1897, c. 268, 29 Stat. 590.) § 7374. Same; penalty envelopes for answers inclosed—It shall be the duty of the respective de- partments to inclose to Senators, Representatives and Telegates in Congress, in all official communications requiring answers, or to be forwarded to others, pen- alty envelopes, addressed as far as practicable, for forwarding or answering such official correspondence. (March 3, 1883, c. 128, § 2, 22 Stat. 563.) § 7375. Same; official correspondence of Su- perintendent of Documents—All official correspond. ence of the Superintendent Of Documents and all re- plies to the same shall be entitled to free transmis- Sion by mail; and he shall be entitled to frank pub- Ch. 4) 2 7385b THE POSTAL SERVICE [Page 1163] lic documents: Provided, That in the transmission of such mail matter envelopes, labels, Or postal Cards are used on which the name Of the Office and the penalty clause are printed. (Jan. 12, 1895, c. 23, § 65, 28 Stat. 611.) - § 7376. Same; official mail-matter relating to census; use of official indorsement to avoid pay- ment of postage—All mail-matter, Of Whatever Class, relating to the Census and addressed to the Census Office, or to any official thereof, and indorsed “Official business, Census Office,” shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided, That if any person shall make use of such indorsement to avoid the payment Of postage or registry fee on his or her private letter, package, or other matter in the mail, the person SO Offending shall be guilty of a misdemeanor and Sub- ject to a fine of three hundred dollars, to be prosecut- ed in any court of Competent jurisdiction. (July 2, 1909, c. 2, § 29, 36 Stat. 10.) § 7377. Same; Congressional Record under frank of members of Congress—From and after the passage of this act, the Congressional Record, Or any part thereof, or speeches or reports therein contained, shall, under the frank of a member of Congress, Or delegate, to be written by himself, be carried in the mail free of postage, under such regu- lations as the Postmaster-General may prescribe. (March 3, 1875, c. 128, § 5, 18 Stat. 343.) º § 7378. Same; public documents sent and re- ceived by Vice-President and members of Con- gress—The Vice-President, Senators, Representatives, and Delegates in Congress, the Secretary Of the Sen- ate, and Clerk of the House Of Representatives may send and receive through the mail all public docu- ments printed by order of Congress; and the name of the Vice-President, Senator, Representative, Delegate, Secretary Of the Senate, and Clerk Of the House shall be written thereon, with the proper designation of the office he holds; and the provisions of this section shall apply to each of the persons named therein until the first day Of December following the expiration of their respective terms of office. (Jan. 12, 1895, c. 23, $ 85, 28 Stat. 622.) § 7379. Same; official correspondence of Vice- President and Members of Congress—Hereafter the Vice-President, Members and Members-elect of and Delegates and Delegates-elect to Congress shall have the privilege of sending free through the mails, and under their frank, any mail matter to any Gov- ernment Official Or to any person, COrrespondence, not exceeding four ounces in weight, upon official or de- partmental business. (April 28, 1904, c. 1759, § 7, 33 Stat. 441.) - § 7380. Same; seeds and reports from ©m partment of Agriculture—Seeds transmitted by the [Commissioner of Agriculture], or by any member of Congress Or delegate receiving seeds for distribution from said Department, together with agricultural re- ports emanating from that Department, and so trans- mitted, shall, under such regulations as the Postmas- ter-General shall prescribe, pass through the mails free of charge. And the provisions of this section shall apply to ex-members of Congress and ex-dele- gates for the period of nine months after the expira- tion of their terms as members and delegates. (March 3, 1875, c. 128, § 7, 18 Stat. 343.) r Text in brackets superseded by § 789. And see § 8882. § 7380a. Šame; agricultural extension work between agrict1ltural colleges and Department of Agriculture—All Correspondence, bulletins, and re- ports for the furtherance of the purposes of the Act approved May eighth, nineteen hundred and four- teen, entitled “An Act to provide for cooperative agri- cultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and the Acts Supplementary thereto, and the United States Department of Agri- Culture,” may be transmitted in the mails of the United States free of charge for postage, under such regulations as the Postmaster General, from time to time, may prescribe, by such college officer or other perSOn COnnected with the extension department Of Such college as the Secretary of Agriculture may des- ignate to the Postmaster General. (June 30, 1914, c. 131, 38 Stat. 438.) See §§ 8870, 8877a-8877.h. § 7381. Same; Hawaiian Islands—The franking privilege, as the same is regulated by law, shall ex- tend to the Hawaiian Islands. (March 1, 1899, c. 327, § 4, 30 Stat. 966.) - § 7382. Same; matter admitted under penalty privilege restricted—Hereafter no article, package, Or Other matter, except postage stamps, Stanmped en- Velopes, newspaper wrappers, postal cards, and inter- nal-revenue stamps, shall be admitted to the mails under a penalty privilege, unless such article, pack- age, Or Other matter, except postage Stamps, Stamped envelopes, newspaper Wrappers, postal cards, and in- ternal-revenue stamps would be entitled to admission to the mails under laws requiring payment of postage. (June 26, 1906, c. 3546, 34 Stat. 477.) § 7382a. Same; matter admitted under pen- . alty privilege restricted—No article or package ex- ceeding four pounds in weight shall be admitted to the mails under the penalty privilege unless it comes within the exceptions named in the Acts of June eighth, eighteen hundred and ninety-six (chapter three hundred and seventy, Twenty-ninth Statutes, page two hundred and sixty-two), and June twenty-sixth, nineteen hundred and six (chapter thirty-five hundred and forty-six, Thirty-fourth Statutes, page four hun- dred and seventy-seven). (May 18, 1916, c. 126, § 11, 39 Stat. 162.) § 7383. Same; lending or permitting use of frank unlawful—Hereafter it shall be unlawful for any person entitled under the law to the use of a frank to lend said frank or permit its use by any Committee, Organization, Or association, Or permit its use by any person for the benefit or use of any Committee, Organization, or association: Provided, That this provision shall not apply to any committee composed of Members of Congress. (June 26, 1906, c. 3546, 34 Stat. 477.) § 7384. Same; reading matter for blind— BOOks, pamphlets, and other reading matter in raised characters for the use of the blind, whether prepared by hand or printed, in single volumes, not exceeding ten pounds in Weight, or in packages not exceeding four pounds in weight and containing no advertising Or Other matter whatever, unsealed and when sent by public institutions for the blind, or by any public libraries, as a loan to blind readers, or when return- ed by the latter to such institutions or public libraries, Shall be transmitted in the United States mails free Of postage, and under. Such regulations as the Post- master-General may prescribe. (April 27, 1904, c. 1612, 33 Stat. 313.) § 7385. Sazme; reading matter for blind— Hereafter magazines, periodicals, and other regularly issued publications in raised characters for the use of the blind, whether prepared by hand or printed, which contain no advertisements and for which no subscription fee is charged, shall be transmitted in the United States mails free Of postage and under such regulations as the Postmaster General may prescribe. (Aug. 24, 1912, c. 389, § 1, 37 Stat. 551.) § 738.5a. Sarºne; letters written by soldiers in foreign countries—Letters written and mailed by soldiers, sailors, and marines assigned to duty in a foreign country engaged in the present war may be mailed free of postage, Subject to such rules and regu- lations as may be prescribed by the Postmaster Gen- eral. (Oct. 3, 1917, c. 63, § 1100, 40 Stat. 327.) § 7385b. Sayme; matter relating to naturali- zation—All mail matter, of whatever class, relating to naturalization, including duplicate papers required & 7386 (Tit. 46 TEIE POSTAL SERVICE IPage 1164I by law or regulation to be sent to the Bureau of Naturalization by clerks of State or Federal Courts, addressed to the Department of Labor, or the Bureau of Naturalization, or to any official thereof, and in- dorsed “Official Business,” shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided further, That if any person shall make use of such indorsement to avoid pay- ment of postage or registry fee on his or her private letter, package, or other matter in the mail, the per- son so offending shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any Court of competent jurisdiction. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 376.) Chapter Five—Postage-Stamps, Postal Cards, and Envelopes Sec. 7386. Stamps. 7387. Same; manufacture by Bureau of Engraving and Printing. 7388. Same; contracts for manufacture. 7389. Stamped envelopes. 7390. Same; not to contain lithographing or printing, except return request. - 7391. Same; return requests. 7392. Contracts for ... envelopes by Postmaster-General. 7393. Postal cards. 7394. Same; international cards. 7395. Same; contracts for manufacture. 7396. Letter-sheet envelopes, double postal cards, double-let- - ter envelopes. 7397. Deliveries by contractor. 7398. Improvements in stamps and envelopes. 7399. Sale of stamps at post-offices. 7400. Price of stamped envelopes sold by Post-Office Depart- ment. • 7401. Stamps and envelopes at discount. 7402. Selling stamps at more than face. 7403. Stamps to be defaced. 7403a. Same; precanceled stamps. 7404. Uniform, ink or appliance for canceling stamps. § 7386. Stamps—The Postmaster-General shall prepare postage-stamps of suitable denominations, which, when attached to mail-matter, shall be evi- dence of the payment of the postage thereon. (R. S. $ 3914.) - § 7387. Same; manufacture by Bureau of En- graving and Printing—Hereafter, when in the Opin- ion of the Postmaster-General the interests Of the Post-Office Department require it, the manufacturing of special-delivery and adhesive postage stamps may be done by the Treasury Department (Bureau Of En- graving and Printing), in conformity with an agree- ment Satisfactory to both the Postmaster-General and the Secretary of the Treasury. (April 21, 1902, C. 563, § 1, 32 Stat. 117.) - ge See §§ 7284, 7386. § 7388. Same; contracts for manufacture- No contract for the manufacture of adhesive postage stamps, special-delivery stamps, or books of Stamps shall be made by the Government with any Depart- ment or Bureau Of the Government below the COSt of such work to the Government. (June 26, 1906, c. 3546, 34 Stat. 475.) - § 7389. Stamped envelopes—The Postmaster- General Shall provide Suitable letter and newspaper envelopes, with such water-marks or other guards against counterfeits as he may deem expedient, and with postage-stamps with Such device and of such Suitable denominations as he may direct, impressed thereon; and such envelopes shall be known as “stamped envelopes,” and shall be sold, as nearly as may be, at the cost of procuring them, with the addi- tion of the value of the postage-stamps impressed thereon ; but no stamped envelope furnished by the Government shall contain any lithographing or en- graving, nor any printing except a printed request to return the letter to the writer. Letters and papers in- closed in such stamped envelopes shall, if the postage- stamp is of a denomination sufficient to cover the post- age properly chargeable thereon, pass in the mail as prepaid matter. (R. S. § 3915.) § 7390. Same; not to contain lithographing or printing, except return request—Hereafter no envelope, as furnished by the Government, shall Con- , tain any lithographing and engraving, nor any print- ing except a printed request to return the letter to the writer. (June 23, 1874, c. 456, § 1, 18 Stat. 231.) § 7391. Same; return requests—It shall be law- ful after the thirtieth day of September, eighteen hun- dred and ninety-four, for the Postmaster-General to have the usual requests for the return of letters, printed upon stamped envelopes sold by the Post-Office Department through postmasters. (March 3, 1893, C. 213, § 1, 27 Stat. 733.) § 7392. Contracts for exuvelopes by Postmas- ter-General—The Postmaster-General is authorized to extend, for a period not exceeding six months, the contract for official, registry, and dead-letter envelopes for the postal service for the calendar year ending December thirty-first, nineteen hundred and six ; and thereafter the Postmaster-General shall contract, for a period not exceeding four years, for all envelopes, stamped or otherwise, designed for sale to the public, or for use by the Post-Office Department, the postal service, and other Executive Departments, and all Government bureaus and establishments, and the branches of the service coming under their jurisdic- tion, and may contract for them to be plain or with such printed matter as may be prescribed by the De- partment making requisition therefor: Provided, That no envelope shall be sold by the Government contain- ing any lithographing or engraving, nor any printing nor advertisement, except a printed request to re- turn the letter to the writer. (June 26, 1906, c. 3546, 34 Stat. 476.) See § 7260. - § 7393. Postal cards—To facilitate letter cor- respondence, and to provide for the transmission in the mails, at a reduced rate Of postage, Of messages, Orders, notices, and other short communications, ei- ther printed or written in pencil or ink, the Postmas- ter-General is authorized and directed to furnish and issue to the public, with postage-stamps impressed upon them, “postal cards,” manufactured of good stiff paper, Of Such quality, form, and size as he shall deem best adapted for general use; which cards Shall be ſused as a means of postal intercourse, under rules and regulations to be prescribed by the Postmaster- General, and when so used shall be transmitted through the mails at a postage charge of One cent each, including the cost of their manufacture. (R. S. § 3916.) § 7394. Same; international cards—The Post- master-General is hereafter authorized to furnish and issue to the public, postal cards with postage-stamps impressed upon them, for circulation in the mails ex- Changed with foreign countries under the provisions Of the Universal Postal Union Convention of June first, eighteen hundred and seventy-eight, at a postage Charge of two cents each, including the cost of their manufacture. (June 11, 1880, c. 206, § 1, 21 Stat. 179.) § 7395. Same; contracts for manufacture—No Contract for the manufacture of postal cards shall be made by the GOVernment with any department Or bu- reau of the Government at any higher rate than Of- fered for the same work by any responsible contractor, nor shall the bid Of Such department Or bureau be below the cost of such work to the Government. (May 12, 1910, c. 230, 36 Stat. 365.) § 7396. Letter-sheet envelopes, double postal cards, double-letter envelopes—The Postmaster-Gen- eral is hereby authorized to take the necessary steps to introduce and furnish for public use a letter-sheet envelope, on which postage-Stamps of the denomina- tions now in use on ordinary envelopes shall be placed. And the Postmaster-General is also authorized to in- troduce and furnish for public use a double postal card, on which shall be placed two One-cent stamps, and said card to be so arranged for the address that it may be forwarded and returned, said cards to be Ch. 6) 3 7408 THE POSTAL SERVICE IPage 11651 sold for two cents apiece; and also to introduce and furnish for public use a double-letter envelope, On which stamps of the denominations now in use may be placed, and with the arrangement for the address sim- ilar to the double postal card; Said letter-sheet and double postal card and double envelope to be issued under such regulations as the Postmaster-General may prescribe: * * And provided, That no money shall be paid for royalty or patent on any of the arti- cles named. (March 3, 1879, c. 180, § 32, 20 Stat. 362.) § 7397. Deliveries by contraetor—Hereafter, in making contracts for postal cards, stamped envelopes, Stamped paper, and all other supplies, the Postmaster- General is authorized to require the contractor, under Such regulations as he may prescribe, to make deliv- ery at such points in the United States as he may direct, whenever, in his Opinion, any such contract 'Can be made at a saving to the Government. (July 16, 1894, c. 137, § 2, 28 Stat. 106.) § 7398. Improvements in stamps and envelopes —The Postmaster-General may, from time to time, adopt such improvements in postage-stamps and Stamped envelopes as he may deem advisable ; and when any such improvement is adopted it shall be sub- ject to all the provisions herein respecting postage- Stamps or stamped envelopes. (R. S. § 3917.) § 7399. Sale of stamps at post-offices—Postage- Stamps and stamped envelopes shall be furnished by the Postmaster-General to all postmasters, and shall be kept for sale at all post-Offices; and each post- master shall be held accountable for all Such Stamps and envelopes furnished to him. (R. S. § 3918.) § 7400. Price of stamped envelopes sold by Post-Office Department—No stamped envelopes Or newspaper wrappers shall be sold by the Post-Office Department at less (in addition to the legal postage) than the cost, including all salaries, clerk-hire, and other expenses connected therewith. (July 12, 1876, C. 179, § 14, 19 Stat. 82.) § 7401. Stamps and envelopes at discount- Postage-stamps and stamped envelopes may be sold at a discount to certain designated agents, who Will agree to sell again without discount, under rules to be pre- scribed by the Postmaster-General; but the quantities of each sold to any one agent at one time shall not exceed one hundred dollars in value, and the discount shall not exceed five per centum on the face value of the stamps, nor the same per centum on the Current price of the envelopes when sold in less quantities. (R. S. § 3919.) § 7402. Selling stamps at more than face— Postage-stamps shall not be sold for any larger Sum than the value indicated on their face, nor stamped envelopes for more than is charged therefor by the Post-Office Department for like quantities. (R. S. § 3920.) - See § 10395. § 7403. Stamps to be defaced—Postage-stamps affixed to all mail-matter or the Stamped envelopes in which the same is inclosed, shall, when deposited for mailing or delivery, be defaced by the postmaster at the mailing-office, in such manner as the Postmas- ter-General may direct; and if any mail-matter shall be forwarded without the Stamps Or envelopes being SO defaced, the postmaster at the office of delivery shall deface them, and report the delinquent postmaster to the Postmaster-General. (R. S. § 3921.) § 7403a. , Same; precanceled stamps—Postage, stamps affixed to all mail matter or to stamped en- velopes in which the same is inclosed shall, when de- posited for mailing or delivery, be defaced by the postmaster at the mailing office: Provided, That when practicable postage stamps may be furnished to post- Imasters preCanceled by printing on them the name of the post Office at which they are to be used, under such regulations as the Postmaster-General may prescribe. (May 18, 1916, c. 126, § 12, 39 Stat. 162.) § 7404. Uniform ink or appliance for cancel- ing stamps—That the Postmaster-General be, and | he is hereby, authorized to adopt a uniform canceling ink or other appliance for canceling stamps which ex- periments and tests have proved or may prove to be the most practicable and the best calculated to pro- tect the revenues of the department from the frauds practiced upon it, to be used in all the post-offices Where Stamps are canceled, and he is hereby author- ized to distribute said canceling ink or other appliance in the Same manner as other supplies are now distrib- uted to the different post-offices in the United States. (June 20, 1878, c. 359, § 1, 20 Stat. 240.) (R. S. §§ 3922–3925. Repealed.) R. S. § 3922, made it punishable for any employé of the postal service to remove a postage stamp affixed to mail- matter in payment of postage. R. S. § 3923, made it pun- ishable for any person to use or attempt to use in pay- ment of postage any used stamp, stamped envelope, or Starmp cut from a stamped envelope. R. S. § 3924, made it punishable for any employé of the postal service to use any Stamp, etc., which had once been used, or to remove or attempt to remove the canceling marks therefrom, or to remove or attempt to remove the stamps from any mail. With intent to use them a second time. R. S. § 3925, made it punishable for any person not employed in the postal service to commit any of the offenses described in R. S. § 3924. All these sections were incorporated into the Criminal Code in section 205 thereof (§ 10375), and were repealed by section 341 thereof (§ 10515). Chapter Six—Registered Mail Sec 7405. System of registration; indemnity for loss of first-class matter. 7406. Indemnity for loss; first-class matter; maximum amount. i 7407. Same; third-class and fourth-class matter. 7408. Registered matter and fees. 7409. Registry of letters containing currency. 7410. Receipt for delivery of. 7411. Registered letters to lotteries returned; agency. evidence of 7412. Power of Postmaster General as to lottery mail-matter. § 7405. System of registration; indemnity for loss of first-class matter—For the greater se- curity of valuable mail"matter the Postmaster-Gener- al may establish a uniform system of registration, and as a part of such system he may provide rules under which the Sender or Owners of first-class reg- istered matter shall be indemnified for losses there- of in the mails, the indemnity to be paid Out Of the postal revenues, but in no case to exceed ten dollars for any one registered piece, or the actual value there- of when that is less than ten dollars, and for Which no other compensation or reimbursement to the loser has been made: Provided, That the Post-Office Department or its revenues shall not be liable for the loss of any other mail matter on account of its having been reg- istered. (R. S. § 3926, amended, Feb. 27, 1897, c. 340, § 1, 29 Stat. 559.) Current appropriation for superintendent of division of registered mails, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1109. - § 7406. Indemnity for loss; first-class mat- ter; maximum amount—Hereafter the POStrmaster- General may increase the amount of indemnity pro- Vided for in Act of February twenty-seventh, eighteen hundred and ninety-seven, an Act amendatory of sec- tion thirty-nine hundred and twenty-six. Of the Re- vised Statutes, to not exceeding one hundred dollars. (March 3, 1903, c. 1009, § 1, 32 Stat. 1174.) § 7407. Same; third-class and fourth-class matter—The Postmaster General is hereby authoriz- ed to indemnify the Senders or owners of third and fourth Class domestic registered matter lost in the mails, the indemnity, which shall be paid out of the postal revenues, not to exceed twenty-five dollars for a single piece of registered matter or the actual value thereof if less than twenty-five dollars: Provided, That no indemnity shall be paid if the loser has been otherwise reimbursed. (March 4, 1911, c. 241, § 1, 36 Stat. 1337.) § 7408. Registered matter and fees—Mail-mat- ter shall be registered only on the application of the 3 7408 (Tit. 46 THE POSTAL SERVICE IPage 1166] party posting the same, and the fee therefor shall not exceed twenty Cents in addition to the regular postage, to be, in all cases, prepaid; and all such fees shall be accounted for in such manner as the Postmaster- General shall direct. But letters upon the official business of the Post-Office Department which require registering shall be registered free of charge, and pass through the mails free of charge. (R. S. § 3927.) See § 7371. § 7409. Registry of letters containing cur- rency—Under such regulations as the Postmaster- General may prescribe, all postmasters are authoriz- ed to register in the manner prescribed by law, but without payment of any registration fee, all letters containing fractional or other currency of the Unit- ed States, which shall be by them sent by mail to the Treasurer Of the United States for redemption; and the postmaster at the city of Washington, in the District of Columbia, shall register, in like manner, without charge, all letters containing new CurrenCy returned for currency redeemed, which shall be re- ceived by him from the Treasurer, in Sealed packages, marked with the word “register” over the Official Sig- nature of the said Treasurer. (R. S. § 3932.) § 7410. Receipt for delivery of—Whenever the sender shall so request, a receipt shall be taken On the delivery of any registered mail matter, . ShoWing to whom and when the same was delivered, Which re- ceipt shall be returned to the sender, and be re- ceived in the courts as prima facie evidence Of Such delivery. (R. S. § 3928, amended, May 23, 1910, C. 255, 36 Stat. 416.) § 7411. Registered letters to lotteries return- ed; evidence of agency—The Postmaster-General may, upon evidence satisfactory to him that any per- son or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of mon- ey, or of any real or personal property by lot, Chance, or drawing of any kind, or that any perSon Or COm- pany is conducting any other scheme or device for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, rep- resentations, or promises, instruct postmasterS at any postoffice at which registered letters arrive directed to any such person or Čompany, or to the agent Or rep- resentative of any such person or company, Whether such agent or representative is acting as an individ- ual or as a firm, bank, corporation, or association Of any kind, to return all such registered letters to the postmaster at the office at which they were originally mailed, with the word “Fraudulent” plainly written or stamped upon the Outside thereof; and all Such letters SO returned to such postmasters shall be by them returned to the Writers thereof, under such reg- ulations as the POStrmaster-General may prescribe. But nothing contained in this section shall be so Con- strued as to authorize any postmaster Or Other per- son to Open any letter not addressed to himself. The public advertisement by such person Or Company so conducting such lottery, gift enterprise, Scheme, Or device, that remittances for the same may be made by registered letters to any other person, firm, bank, Corporation, Or aSSOCiation named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein ; but the Postmaster-General shall not be precluded from ascertaining the existence of such agency in any other legal way satisfactory to himself. (R. S. § 3929, amended, Sept. 19, 1890, c. 908, § 2, 26 Stat. 466.) See §§ 7573, 10383, 10407. § 7412. Power of Postmaster-General as to lottery mail-matter—The powers conferred upon the Postmaster General by the statute of eighteen hundred and ninety, Chapter Imine hundred and eight, Section two, are hereby extended and made applicable to all letters Or other matter sent by mail. (March 2, 1895, c. 191, § 4, 28 Stat. 964.) See § 10383. | Chapter Seven—Unclaimed, Dead, and Request Letters, and Unclaimed Printed Matter Sec. 7413. Advertising letters. 7414. Same; foreign letters. 7415. Same; posting lists. 7416. Same; pay for. 7417. Same; charge On. 7418. . Return of undelivered letters. 7419. Unpaid letters to dead-letter office. 7420. Disposition of dead letters. 7421. Request for return. 7422. Forwarding letters. 7423. Disposal of uncalled-for printed matter. § 74.13. Advertising letters—The Postmaster- General may direct the publication of the list of non- delivered letters at any post-office by written list post- ed in Some public place, Or, when he shall deem it for the public interest, he may direct the publication Of Such list in the daily or weekly newspaper regu- larly published within the post-office delivery which has the largest Circulation within such delivery; and Where no daily paper is published within the post- Office delivery, such list may be published in the daily newspaper Of any adjoining delivery having the lar- gest Circulation within the delivery of the post-Office publishing the list; and in Case of dispute as to the circulation of competing newspapers, the postmaster shall receive evidence and decide upon the fact. Such list Shall be published as frequently as the Postmas- ter-General may deem proper, but not oftener than Once a week. (R. S. § 3930.) § 74.14. Same; foreign letters—The list of non- delivered letters addressed to foreign-born persons may be published in a newspaper printed in the lan- guage most used by them, Which shall be selected in the manner prescribed in the preceding section. (R. S. § 3931.) - § 7415. Same; posting lists—Every postmaster Shall post, in a conspicuous place in his office, a copy of each list of non-delivered letters immediately after its publication. (R. S. § 3933.) § 7416. Same; pay for—The compensation for publishing the list of non-delivered letters shall in no Case exceed One cent for each letter so published. (R. S. § 3934.) § 7417. Same; charge on—All letters published as non-delivered shall be charged with One cent in addition to the regular postage, to be a CCounted for as part of the postal revenue. (R. S. § 3935.) § 7418. Return of undelivered letters—The Postmaster-General may regulate the period during which undelivered letters shall remain in any post- office, and when they shall be returned to the dead- letter Office; and he may make regulations for their return from the dead-letter Office to the Writers, When they cannot be delivered to the parties addressed. (R. S. § 3936.) § 7419. Unpaid letters to dead-letter office— All domestic letters deposited in any post-Office for mailing, On which the postage is wholly unpaid or paid less than One full rate as required by law, ex- cept letters lawfully free, and duly Certified letters of soldiers, sailors, and marines in the service of the United States, shall be sent by the postmaster to the dead-letter Office in Washington. But in large Cities and adjacent districts of dense population, having two or more post-Offices Within a distance of three miles of each other, any letter mailed at one of such Offices and addressed to a locality within the delivery of another of such Offices, which shall have been in- advertently prepaid at the drop or local letter rate of postage only, may be forwarded to its destination through the proper office, charged with the amount of the deficient postage, to be collected on delivery. (R. S. § 3937.) § 7420. Disposition of dead letters—All letters of domestic origin which can not be delivered by post- Ch. 8) 3 7428 THE POSTAL SERVICE masters shall be sent to the Post Office Department or to a post office designated by the Postmaster Gen- eral and such as COntain inclosures Of Value, other than correspondence, shall be recorded. If the sender or addressee Can not be identified, such letters shall be held for a period of one year awaiting reclamation. If within One year they have not been Claimed, they shall be disposed of as the Postmaster General may direct. All other undeliverable letters shall be dispos- ed Of Without record and not held for reclamation. (R. S. § 3938, amended, July 28, 1916, c. 261, § 1, 39 Stat. 418.) . § 742 i. Request for return—When the writer of any letter on which the postage is prepaid shall in- dorse On the Outside thereof his name and address, Such letter shall not be advertised, but, after remain- ing uncalled for at the Office to which it is directed the time the writer may direct Or the POStrmaster- General prescribe, shall be returned to the Writer without additional charge for postage, and if not then delivered, shall be treated as a dead letter. (R. S. § 3939, amended, June 24, 1910, c. 380, 36 Stat. 630.) § 7422. Forwarding letters—Prepaid letters shall be forwarded from one post-office to another, at the request of the party addressed, without addition- al charge for postage. (R. S. § 3940.) § 7423. Disposal of uncalled-for printed mat- ter—The Postmaster-General may provide, by regu- lations, for disposing of printed and mailable matter which may remain in any post-office, or in the Depart- ment, not called for by the party addressed; but if the publisher of any refused or uncalled-for newspaper or other periodical shall pay the postage due thereon, Such newspaper or other periodical shall be excepted from the Operation of such regulations. (R. S. § 4061.) Chapter Eight—Contracts for Carry- - ing the Mails Sec. 7424. Advertisement; general mail lettings. 7425. Same; temporary mail lettings; contracts. - 7426. Temporary service on failure of contractor; liability of - Contractor. - 7427. Contracts with railways without advertising. 7428. Transmission by pneumatic tubes; contracts; expert commission; report. 7429. Same; contracts authorized. 7430. Contracts for carrying home mails by owners of Vessels. Aeroplanes for experimental aeroplane Service. 7431. Contracts for inland and foreign steamboat mail Service. Rates for transportation by electric and cable cars. 7432. Proposals; sealing; opening. 7433. Bond of bidder. 7434. Same; justification of sureties; 7435. Recording and preserving bids; ports as to movement of mails. 7436. Contracts to lowest bidder. 7437. Combinations to prevent bids. Same; service, how obtained. - 7438. Failure to enter into contract; proceedings. 7439. Contracts for temporary service. 7440. New Sureties on mail Contracts. 7441. Y_imit of time of contract. 7442. Changing terms of contract. 7443. Same; notice of intention. 7444. Payment on contract. 7445. Pay for additional regular service. 7446. (7) Readjustment of pay of star route and screen wagon Contractors. - - 7447. Allowance for additional expedition. 7448. Same; limit. 7449. Extension of mail route. 7450. Fining contractors. 7451. Mail contracts not assignable. 7452. Sub-letting or transfer of contract. 7453. Same; Settlements and payments. 7454. Water-route contracts. - 7455. Cancellation of contract sub-let; sub-contractor’s rights. 7455a. Services performed for contractor or subcontractor. (R. S. § 3941. Superseded.) This section provided that before making any contract for carrying the mail, other than those excepted there- from, the Postmaster-General should give public notice by advertising once a week for six weeks in one or more, not exceeding five newspapers published in the State or Territory where the service was to be performed, one of which should be published at the seat of government of the State or Territory, and the notice should describe the route, the time at which the mail was to be made up, false oath. unaccepted bids; re- [Page 11671 the time at which it was to be delivered, and the frequen- cy of the Service ; and the Postmaster-General should direct, by Special order in each case, the newspapers in which mail lettings or other proposals relative to the business of his Department should be advertised, and no publisher should be paid for the advertisements without having been requested by the Postmaster-General to pub- lish the same. ... It was superseded by Act March 1, 1881, c. 96, § 1 (§ 7424). § 7424. Advertisement; general mail lettings —Hereafter the Postmaster-General shall cause adver- tisements of all general mail lettings of each State and Territory to be conspicuously posted in each post- Office named in Said advertisements for at least sixty days before the time of such general lettings, and no Other advertisement of such lettings shall be required; but this provision shall not apply to any other than general mail lettings. (March 1, 1881, c. 96, § 1, 21 Stat. 374, amended, May 12, 1910, c. 230, 36 Stat. 366.) § 7425. Same; temporary mail lettings; eon- tracts—After providing by general advertisement for the transportation of the mails in any State or Ter- ritory as authorized by law, the Postmaster-General may Secure any mail service that may become neces- sary before the next general advertisement for said State or Territory by posting notices, for a period Of not less than ten days, in the post-offices at the ter- mini of any route to be let, and upon a bulletin board in the POst-Office Department, inviting proposals, in such form and with such guaranty as may be pre- scribed by the Postmaster-General, for the perform- ance Of the proposed service. The contract for such service shall be made to run to the end of the Con- tract term under the general advertisement, shall be made with the lowest bidder whose proposal is in due form, and who, under the law, is eligible as a bidder for such postal service. Temporary service rendered necessary by reason of the failure of any bidder or contractor to perform the service awarded him under this act may be employed by the Postmas- ter-General without advertisement, at a rate which he may deem reasonable, at the expense of any such failing bidder or contractor. (July 26, 1892, c. 249, § 1, 27 Stat. 268.) - . . . - § 7426. Temporary service on failure of con- tractor; liability of contractor—Whenever a con- tractor for postal service fails to commence propel Service under the contract, or, having commenced ser- Vice, fails to continue in the proper performance there- of, the Postmaster-General may employ temporary Service On the route, at a rate of pay per annum not to exceed the amount of the bond required to ac- Company proposals for service on such route, as speci- fied in the advertisement of the route, or at not ex- Ceeding pro rata of such bond, in cases where ser- Vice shall have been Ordered to be increased, reduced, Curtailed, or changed, subsequent to the execution Of Contract : The cost of such temporary service to be Charged to the Contractor, and to continue until the contractor commences or resumes the proper per. formance of service, or until the route can be relet, as now provided by law, and service commenced un- der the new award of contract. All acts or parts of acts inconsistent with the provisions of this act being º, ºwned (Aug. 3, 1882, c. 379, § 2, 22 Stat. 216. - § 7427. Contracts with railways without ad- vertising—The Postmaster-General may enter into contracts for carrying the mail, with railway compan- ies, without advertising for bids therefor. (R. S. § 3942.) Current appropriation for transportation of mail by elec. tric and cable cars, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1066. - § 7428. Transmission by prleumatic tubes; contraets; expert commission; report—For the transmission of mail by pneumatic tubes or other simi- lar devices, * *; and the Postmaster-General is hereby authorized to enter into contracts for a period not exceeding four years, after public advertisement Once a Week for a period of six consecutive weeks in & 7428 (Tit. 46 THE POSTAL SERVICE [Page 1168] not less than five newspapers, one of which shall be published in each city where the service is to be per- formed. That the contracts for this service shall be Subject to the provisions of the postal laws and regu- lations relating to the letting of mail Contracts, ex- cept as herein otherwise provided, and that no ad- Vertisement shall issue until after a careful investi- gation shall have been made as to the needs and practicability of Such Service and until a favorable report, in writing, shall have been submitted to the Postmaster-General by a commission of not less than three expert postal Officials, to be named by him ; nor shall such advertisement issue until in the judgment Of the Postmaster-General the needs of the postal Service are such as to justify the expenditure involv- ed. Advertisements shall state in general terms only the requirements Of the Service and in form best cal- culated to invite Competitive bidding. . The Postmaster-General Shall have the right to re- ject any and all bids; no contract shall be awarded except to the lowest responsible bidder, tendering full and sufficient guaranties, to the satisfaction of the Postmaster-General, of his ability to perform sat- isfactory Service, and such guaranties shall include an approval bond in double the amount Of the bid. NO COntract shall be entered into in any city for the character of mail service herein provided which Will Create an aggregate annual rate of expenditure, including necessary power and labor to operate the tubes, and all other expenses of such service in ex- cess of four per centum of the gross postal revenue of said City for the last preceding fiscal year. - NO COntract shall be made in any City providing for three miles or more of double lines of tube which shall involve an expenditure in excess of seventeen thousand dollars per mile per annum, and said com- pensation shall COVer power, labor, and all operating eXpenSeS. The Postmaster-General shall not, prior to June thirtieth, nineteen hundred and four, enter into con- tracts under the provisions of this Act involving an annual expenditure in the aggregate in excess of eight hundred thousand dollars; and thereafter only such contracts shall be made as may from time to time be provided for in the annual appropriation Act for the postal service; and all provisions of law con- trary to those herein contained are repealed. (April 21, 1902, c. 563, § 1, 32 Stat. 114.) § 7429. Same; contracts authorized—For the transmission of mail by pneumatic tubes or Other similar devices, * * ; and the Postmaster-Gener- al is hereby authorized to enter into contracts not exceeding, in the aggregate, one million three hundred and eighty-eight thousand seven hundred and fifty- nine dollars, under the provisions of the law, for a period not exceeding ten years. (May 27, 1908, c. 206, 35 Stat. 412.) - Current appropriation for pneumatic tube service, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1063. § 7430. owners of vessels—The Postmaster-General may contract with the Owner or master of any steamboat plying upon the waters of the United States, or of any steamship or other vessel plying between ports of the United States, for carrying the mail for any length of time less than four years, and without ad- vertising for proposals therefor, whenever the public interest and Convenience will thereby be prolinoted ; but the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract on the same route. (R. S. § 3943.) § 7430a. Aeroplanes for experimental aero- plane mail service—For inland transportation by steamboat or Other power-boat routes, Or by aero- planes, * * : Provided, 'That out of this appropria- tion the Postmaster General is authorized to expend not exceeding $100,000 for the purchase, Operation, &nd maintenance of aeroplanes for an experimental by electric and cable cars, * * : Contracts for carrying home mails by aeroplane mail service between such points as he may determine. (March 3, 1917, c. 162, § 1, 39 Stat. 1064.) § 7431. Contracts for inland and foreign steamboat mail service—The Postmaster-General is authorized to contract for inland and foreign steam- 'boat mail service, when it can be combined in One route, where the foreign office or offices are not more than two hundred miles distant from the domestic Of- fice, on the same terms and conditions as inland Steamboat service, and pay for the same out of the appropriation for inland Steamboat Service. (March 3, 1885, c. 342, § 1, 23 Stat. 386.) See §§ 7530–7538. - - § 7431a. Rates for transportation by electric and cable cars—For inland transportation of mail Provided, That the rate of compensation to be paid per mile shall not exceed the rate now paid to companies performing such service, except that the Postmaster General, in cases where the quantity of mail is large and the number of exchange points numerous, may, in his dis- Cretion, authorize payment for closed-pouch Service at a rate per mile not to exceed one-third above the rate per mile now paid for closed-pouch service ; and for mail cars and apartments carrying the mails, not to exceed the rate of 1 cent per linear foot per Car- mile of travel: Provided further, That the rates for electric car service On routes Over twenty miles in length outside of cities shall not exceed the rates paid for Service On Steam railroads: Provided, however, That not to exceed $15,000 of the sum hereby appro- priated may be expended in the discretion Of the Postmaster General, where unusual conditions exist Or where Such Service will be more expeditious and efficient and at no greater Cost than Otherwise, and not to exceed $100,000 of this appropriation may be expended for regulation screen or motor screen wag- On Service which may be authorized in lieu of elec- tric or cable car service. (March 3, 1917, c. 162, § 1, 39 Stat. 1066.) - - § 7432. Proposals; sealing; opening—Propos- als for carrying the mail shall be delivered sealed, and so kept until the bidding is closed, and shall then be opened and marked in the presence of the Post- master-General, and One Of the assistant postmasters- general, or of two of the assistant postmasters-gen- eral, or of any other two officers of the Department, to be designated by the Postmaster-General; and any bidder may withdraw his bid at any time before twenty-four hours previous to the time fixed for the Opening of proposals, by serving upon the Postmaster- General notice in writing of such withdrawal. (R. S. $ 3944, amended July 28, 1916, c. 261, § 1, 39 Stat. 418.) *> (R. S. §§ 3945, 3946. Superseded.) R. S. § 3945, provided that proposals for carrying the mail Should be accompanied by a written guaranty, signed by one or more responsible persons, and undertaking that, Within such time after the bid was accepted as the Post- master-General might prescribe, the bidder would enter into an obligation, with good and sufficient sureties, to perform the service proposed. R. S. § 3946, required that . each bid for carrying the mail should have affixed to it. the oath of the bidder, taken before an officer qualified to administer oaths, to the effect that he was able to ful- fill his obligations, that the bid was made in good faith and with the intention to enter into contract and perform the service in case the bid should be accepted, and that the signatures of his guarantors were genuine, and that he believed them pecuniarily responsible for and able to pay the damages due to the failure of the bidder to per- form his obligations. These sections were superseded by Act June 23, 1874, c. 456, § 12, and Act Aug. 11, 1876, c. 260, amending Act June 8, 1872, c. 335, §§ 245, 246, which were incorporated into these sections of the Revised Stat- utes. See §§ 7433, 7434. § 7433. Bond of bidder—Every proposal for car- rying the mail shall be accompanied by the bond of the bidder, with sureties approved by a postmaster, and in cases where the amount Of the bond exceeds five thousand dollars, by a postmaster Of the first, second, or third class, in a Sum to be designated by the Postmaster-General in the advertisement Of each route; to which bond a condition shall be annexed, ch's § 7438 TIIE POSTAL SERVICE [Page 1169 I that if the said bidder shall, within such time after his bid is accepted as the Postmaster-General shall prescribe, enter into a contract with the United States of America, with good and sufficient sureties, to be approved by the Postmaster-General, to perform the service proposed in his said bid, and, further, that he shall perform the said service according to his contract, then the said obligation to be void, other- wise to be in full force and obligation in law ; and in Case of failure of any bidder to enter into such Con- tract to perform the service, or, having executed a Contract, in case of failure to perform the service, according to his contract, he and his sureties shall be liable for the amount of said bond as liquidated damages, to be recovered in an action of debt on the Said bond. No proposal shall be considered unless it shall be accompanied by such bond, and there shall have been affixed to said proposal the oath of the bidder, taken before an officer qualified to administer Oaths, that he has the ability, pecuniarily, to fulfill his obligations, and that the bid is made in good faith, and with the intention to enter into contract and perform the service in case his bid is accepted. (June 8, 1872, c. 335, § 245, 17 Stat. 313, amended, June 23, 1874, c. 456, § 12, 18 Stat. 235.) § 7434. Same; justification of sureties; false oath—Before the bond of a bidder, provided for in the aforesaid section, is approved, there shall be in- dorsed thereon the oaths of the Sureties therein, tak- en before an officer qualified to administer oaths, that they are owners of real estate worth in the aggregate a Sum double the amount of said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after al- lowing all exemptions of every character whatever. Accompanying Såid bond and as a part thereof, there shall be a series of interrogatories, in print or Writing, to be prescribed by the Postmaster-General, and answered by the sureties under oath showing the amount of real estate owned by them, a brief de- SCription thereof, and its probable value, where it is situated, in what county and State the record evi- dence Of their title exists. And if any Surety shall knowingly and willfully swear falsely to any state- ment made under the provisions of this section he shall be deemed guilty of perjury, and, on conviction thereof, be punished as is provided by law for com- mission of the crime of perjury. (June 8, 1872, c. 335, § 246, 17 Stat. 313, amended, June 23, 1874, c. 456, § 12, 18 Stat. 235, and Aug. 11, 1876, c. 260, 19 Stat. 129.) - - (R. S. § 3947. Repealed.) R. S. § 3947, provided that the postmaster or other offi- cer of the Post-Office Department who affixed his signa- ture to the certificate of sufficiency of guarantors or sure- ties before the guaranty or contract was signed by the guarantors or sureties should be dismissed from office and be deemed guilty of a misdemeanor, punishable by fine or imprisonment. This section was superseded by Act June 23, 1874, c. 456, § 12, 18 Stat. 235, amending Act June 8, 1872, c. 335, § 247, which was incorporated into this section, by adding thereto provisions making punishable the approval by a postmaster of a bond with insufficient sureties or the making of a false or fraudulent certificate. Said provision of Act June 23, 1874, § 12, was incorporated into the Criminal Code in section 222 thereof (§ 10392), and it and R. S. § 3947, were repealed by section 341 of said Code (§ 10515). - § 7435. Recording and preserving bids; unac- cepted bids; reports as to movement of Imails—The Postmaster-General shall have recorded, in a book to be kept for that purpose, a true and faithful abstract of all proposals made to him for carrying the mail, giving the name of the party offering, the terms of the offer, the sum to be paid, and the time the con- tract is to Continue; and he shall put on file and preserve the originals of all such proposals until the end of the contract term to which they relate, after which the proposals that were not accepted may be destroyed or disposed of as waste paper. The reports of the arrivals and departures Of the mails On mail CoMP.ST.’18—74 , x - routes made and sent by postmasters to the Second Assistant Postmaster-General, on which no fines or deductions from the pay of contractors for carrying the mails have been based, and the certificates of Oaths taken by carriers on mail routes may be dis- pOSed Of as waste paper after the expiration of one year from the end of the contract term to which they relate. (R. S. § 3948, amended, June 13, 1898, c. 446, § 2, 30 Stat. 444.) § 7436. Contracts to lowest bidder—All con- tracts for carrying the mail shall be in the name of the United States and shall be awarded to the low- est bidder tendering sufficient guaranties for faith- ful performance in accordance with the terms of the advertisement: Provided, however, That such con- tracts require due celerity, certainty, and security in the performance of the service; but the Postmaster General shall not be bound to consider the bid of any person who has willfully or negligently failed to per- form a former contract. (R. S. § 3949, amended, May 18, 1916, c. 126, § 6, 39 Stat. 161.) - - § 7437. Combinations to prevent bids—No con- tract for carrying the mail shall be made with any person who has entered, or proposed to enter, into any Combination to prevent the making of any bid for Carrying the mail, or who has made any agreement, Or given Or performed, or promised to give or perform, any consideration whatever to induce any other per- Son not to bid for any such contract; and if any per- Son SO Offending is a contractor for carrying the mail, his contract may be annulled; and for the first of. fense the person so offending shall be disqualified to Contract for carrying the mail for five years, and for the second offense shall be forever disqualified. (R. S. § 3950.) - & § 7487a. Same; service, how obtained—That Whenever in the judgment of the Postmaster General the bids received for any star route are exorbitant Or unreasonable, Or whenever he has reason to be- lieve that a combination of bidders has been entered into to fix the rate for star-route service, the Post- master General be, and he is thereby, authorized, out Of the appropriation for inland transportation by star routes, to employ and use such means or methods to provide the desired service as he may deem expedi- ent, Without reference to existing law or laws re- Specting the employment of personal service or the procurement of Conveyances, materials, or supplies. (May 18, 1916, c. 126, § 7, 39 Stat. 161.) (R. S. § 3951. Superseded.) This section provided that after any regular bidder or Contractor for the transportation of the mail should have failed to enter into contract, and commence the perform- ance thereof, the Postmaster-General should proceed to contract with the next lowest bidder who would enter into a Contract and perform the same, unless the Postmaster- General should consider the bid too high, in which case he should readvertise. All regular contracts might be con- tinued beyond their terms for a period not more than six months, until a new contract should be made. The Post- master-General might contract, without advertisement, for a period not more than twelve months, during the time necessarily elapsing between the failure of either of the accepted bidders to enter into a new contract and the time when the next accepted bidder under the old or a new advertisement should enter upon his contract, and the difference between the price proposed in the accepted bid and that paid for intermediate service should be charged to the failing bidders, and recovered in the name of the United States in an action on the case ; and when the contract should be made and concluded the difference between the accepted bid of the failing bidders and the amount payable under the contract for the service of two years should be forthwith charged against the failing bid- ders and recovered in an action, and both Causes of action mentioned in the section might be joined in one suit. It was superseded by Act June 23, 1874, c. 456, § 12, and Act Aug. 11, 1876, c. 260, expressly amending Act June 8, 1872, c. 335, § 251, which was incorporated into this section, and which, as so amended, is $ 7438. § 7438. Failure to enter into contract; pro- ceedings—That after any regular bidder whose bid has been accepted shall fail to enter into contract for the transportation of the mails according to his pro- 3 7439 (Tit. 46 THE POSTAT, SERVICE [Page 1170] . posals, or having entered into contract, shall fail to commence the performance of the service stipulated in his or their contract as therein provided, the POSt- master-General shall proceed to contract with the next lowest bidder or bidders in the order Of their bids, for the same service, who will enter into a con- tract for the performance thereof, unless the POSt- master-General shall consider such bid or bids too high, and in case each of said bids shall be consider- ed too high, then the Postmaster-General shall be au- thorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into Contract to per- form the service in accordance with the terms and provisions prescribed for the execution of other Con- tracts for Similar Service ; and in Case no satisfactory contract can be thus obtained, he shall re-advertise such route. And if any bidder whose bid has been accepted, and who has entered into a contract to per- form the service according to his proposal, and in pursuance of his contract has entered upon the per- formance of the service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster-General shall proceed to contract with the next lowest bidder for such service, under the adver- tisement thereof, (unless the Postmaster-General shall consider such bid too high) who will enter into con- tract and give bond, with Sureties, to be approved by the Postmaster-General, for the faithful perform- ance thereof, in the same penalty and with the same terms and conditions thereto annexed as were Stated and contained in the bond which accompanied his bid; and in Case Said next lowest bidder Shall decline to enter into contract for the performance of such serv- ice, then the Postmaster-General may award the serv- ice to, and enter into contract with, any person, whether a bidder on said route or not, who will en- ter into Contract to perform the Service and execute a bond of like tenor and effect as that required Of bidders, in a penalty to be prescribed, and with sure- ties to be approved by the Postmaster-General, for the performance of the service contracted to be per- . formed at a price not exceeding that named in the bid of the said next lowest bidder ; and if no contract Can be secured at the price named in Said next low- est bid, then the Postmaster-General shall proceed to secure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving in all cases, the preference to the regular bidders on the 1ist whose bids do not exceed the price at which oth- ers will Contract therefor; and if no satisfactory Con- tract Can be thus Secured, the route shall be re-ad- vertised. Whenever an accepted bidder shall fail to enter into Contract, or a contractor on any mail-route Shall fail Or refuse to perform the Service on said route according to his contract, or when a new route shall be established Or new service required, Or when, from any other cause, there shall not be a contractor legally bound or required to perform such service, the Postmaster-General may make a temporary con- tract for Carrying the mail. On such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the serv- ice shall have commenced under a contract made ac- cording to law: Provided, however, That the Post- master-General shall not employ temporary service On any route at a higher price than that paid to the Contractor who shall have performed the service dur- ing the last preceeding contract term. “And in all Cases Of regular Contracts hereafter made, the Con- tract may, in the discretion of the Postmaster-Gen- eral, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the Same Or Other Contractors shall be made by the Postmaster-General.” (June 8, 1872, c. 835, § 251, 17 Stat. 314, amended, June 23, 1874, c. “s 456, § 12, 18 Stat. 235, and Aug. 11, 1876, c. 260, 19 Stat. 129.) § 7439. Contracts for temporary service-- Whenever an accepted bidder shall fail to enter in- to contract, or a contractor on any mail route Shall fail or refuse to perform the service on said route according to his contract, or when a new route shall be established or new service required, or when, from any other cause, there shall not be a contractor legally bound or required to perform such service, the Postmaster General may make a temporary Con- tract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding one year, until the service shall have commenced under a contract made accord- ing to law: Provided, That the cost of temporary Service rendered necessary by reason of the failure Of any accepted bidder to enter into contract or a contractor to perform service shall be charged to such bidder or contractor. (May 18, 1916, c. 126, § 8, 39 Stat. 16.) - - (R. S. §§ 3952, 3953. Repealed.) R. S. § 3952, provided that no bidder for carrying the mail should be released from his bid, notwithstanding an award made to a lower bidder, until a contract, for the designated Service should have been executed by such lower bidder and his sureties, and accepted and the serv- ice entered on by the contractor to the satisfaction of the Postmaster-General. R. § 3953, required bidders on routes where the annual compensation for the service ex- ceeded $5,000 to accompany their bids with a certified check or draft of a designated amount, payable to the order of the Postmaster-General, upon a solvent national bank ; and in case an accepted bidder failed to execute the contract with good and sufficient sureties, and en- tered on the performance of the service to the satisfaction of the Postmaster-General, the bidder should forfeit the deposit, but otherwise the deposit should be returned. This section was amended by Act June 23, 1874, c. 456, , § 12, and by Act Aug. 11, 1876, c. 260, which expressly amended Act June 8, 1872, c. 335, § 253, which was incor- porated into this section. Both these sections were re- pealed by Act Sept. 30, 1890, c. 1123, 26 Stat. 503. (R. S. § 3954. Repealed.) This section, as amended by Act Aug. 11, 1876, c. 260, 19 Stat. 129, made it punishable for any bidder receiving an award of a contract for transporting the mails to re- fuse to enter into such contract. It was repealed by Crim- inal Code, § 341 (§ 10515). § 7440. New sureties on mail contracts—The Postmaster-General, whenever, he may deem it con- sistent with the public interest, may accept or re- quire new surety upon any contract existing or here- after made for carrying the mails, in substitution for and release of any existing surety. (R. S. § 3955, amended. March 3, 1879, c. 180, § 30, 20 Stat. 362.) § 7441. Limit of time of contract.—No Con- tract for carrying the mail shall be made for a lon- ger term than four years, and no contract for car- rying the mail on the sea shall be made for a longer term than two years. (R. S. § 3956.) See §§ 7262, 7530–7538. § 7442. Changing terms of contract—Whenever, by reason of any error, omission, or other cause, any route which should properly be advertised for the regular letting is omitted, it shall be the duty of the Postmaster-General to advertise the same as SOOn as the error or omission shall be discovered, and the proposals for such route shall be opened as SOOn aS possible after the other proposals in the same Con- tract section; and the contract made under such Sup- plementary advertisement shall run, as nearly as possible, from the beginning to the end of the regular contract term, and, during the time necessarily lost by reason of such error, Omission, or other cause, the Postmaster-General shall provide for the Carry- ing of the mail on such route at as low rate as pos- sible, without advertising. (R. S. § 3957.) § 7443. Same; notice of intention—Whenever it becomes necessary to change the terms of an ex- isting contract for carrying the mail otherWise than as provided in the preceding section, notice thereof shall be given and proceedings had thereon the Same as at the letting of original contracts. (R. S. § 3958.) Ch. 8) ź 7455 | THE POSTAL SERVICE [Page 1171] § 74.44. Payment on contract.—No person whose bid for carrying the mail is accepted shall receive any pay until he has executed his Contract accord- ing to law and the regulations of the Department. (R. S. § 3959.) - § 7445. Pay for additional regular service— Compensation for additional service in carrying the mail shall not be in excess of the exact proportion which the original compensation bears to the original service; and when any such additional service is Ordered, the sum to be allowed therefor shall be ex- pressed in the order, and entered upon the books of the Department; and no compensation shall be paid for any additional regular service rendered before the issuing of such order. (R. S. § 3960.) See §§ 7494a, 7494b. § 7446. (7) Readjustment of pay of star route and screen wagon contractors—The POStrmaster General may readjust the compensation of star route and screen wagon contractors if it should appear that as a result of the parcel post system the weight of the mails handled by them has been materially in- creased. Before such readjustment, however, a de- tailed account must be kept as to the amount of busi- ness handled by such star route or screen wagon con- tractors before and after this section becomes effec- tive for such a period as to clearly demonstrate the amount of the increase and that such increase in the Weight Of the mails was due to the adoption. Of the parcel post system. (Aug. 24, 1912, c. 389, § 8, 37 Stat. 558.) . § 7447. Allowance for additional expedition— No extra allowance shall be made for any increase of expedition in carrying the mail unless thereby the employment of additional Stock and carriers is made necessary, and in Such case the additional Compen- sation shall bear no greater proportion to the addi- tional stock and carriers necessarily employed than the compensation in the original contract bears to the Stock and carriers necessarily employed in its execu- tion. (R. S. § 3961.) § 7448. Same; limit—The Postmaster-General Shall not hereafter have the power to expedite the Service under any contract either now existing or hereafter given to a rate of pay exceeding fifty per Centum upon the contract as originally let. (April 7, 1880, c. 48, § 2, 21 Stat. 72.) - § 7449. Extension of mail route—The Postmas- ter-General is hereby authorized, in cases where the mail Service would be thereby improved, to extend Service On a mail route under contract, at not ex- ceeding pro rata additional pay : Provided, That the eXtensions beyond either terminus ordered during a Contract term shall not, in the aggregate, exceed ºve miles. (March 4, 1911, c. 241, § 1, 36 Stat. e X tº a § 7450. Fining contractors—The Postmaster- General may make deductions from the pay of con- tractors, for failures to perform service according to COntract, and impose fines upon them for other de- linquencies. He may deduct the price of the trip in all cases where the trip is not performed; and not exceeding three times the price if the failure be occa- Sioned by the fault of the contractor or carrier. (R. S. § 3962.) . - § 7451. Mail contracts not assignable—No con- tractor for transporting the mail within Or between the United States and any foreign country shall as- Sign Or transfer his contract, and all such assignments or transfers shall be null and void. (R. S. § 3963.) § 7452. Sub-letting or transfer of contract— Hereafter no sub-letting or transfer of any mail con- tracts shall be permitted without the consent in writ- ing Of the Postmaster-General; and whenever it shall COme to the knowledge Of the Postmaster-General that any contractor has sub let or transferred his contract, eXcept With the Consent Of the Postmaster-General as aforesaid, the same shall be considered as violated and the Service may be again advertised as herein provided for; and the contractor and his Securities shall be liable on their bond to the United States for any damage, resulting to the United States in the premises. (May 17, 1878, c. 107, § 2, 20 Stat. 62.) § 7453. Same; settlements and payments- Hereafter, when any person or persons being under contract with the Government of the United States for carrying the mails, shall lawfully sub-let any Such COn- tract, or lawfully employ any other person or perSons to perform the service by such contractor agreed to be performed, or any part thereof, he or they shall file in the office of the Postmaster-General a copy of his or their contract; and thereupon it shall be the duty of the Postmaster-General to notify the Auditor of the Treasury for the Post Office Department of the fact of the filing in his office of such contract. Said notice shall embrace the name or names of the original contractor or contractors, the number of the route Or routes, the name or names of the sub-contractor Or sub-contractors, and the amount agreed to be paid to the sub-contractor or sub-contractors. And upon the receipt of said notice by the Auditor of the Treasury for the Post Office Department, it shall be his duty to retain, out of the amount due the Original COntraC- tor or contractors, the amount stated in said notice as agreed to be paid to the sub-contractor Or Sub- contractors, and shall pay said amount, upon the Cer- tificate of the Postmaster General, to the Sub-COntraC- tor or sub-contractors, under the same rules and reg- ulations now governing the payments made to Original contractors: Provided, That upon satisfactory evi- dence that the original contractor or contractors have paid off and discharged the amount due under his Or their contract to the sub-contractor or sub-contractors, it shall be the duty of the Postmaster-General to Cer- tify such fact to the Auditor of the Treasury for the Post Office Department; and thereupon said Auditor Shall settle with the Original Contractor Or COntra C- tors, under the same rules as are now provided by law for Such settlements. (May 17, 1878, c. 107, § 3 20 Stat. 62, amended, July 28, 1916, c. 261, § 1, 39 Stat. 418.) . - . § 7454. Water-route contracts—When from any cause it may become necessary to make a new Con- tract for carrying the mails upon any Water route between the ports of the United States, upon which mail service has previously been performed, the Post- master-General may contract with the Owner Or maS- ter of any steamship, steamboat or other vessel plying upon the waters or between ports of the United States, for carrying the mail upon said route for any length of time not exceeding four years and without adver- tising for proposals therefor whenever the public in- terest and convenience will thereby be promoted; but the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract upon the Same route. And the POStnaster-General may con- tract with the owners or masters of steamships, steam- boats or other vessels plying upon the waters or be- tween ports of the United States for carrying the mails, upon such routes where no mail service has previously been performed, without advertising for proposals therefor; but no contract for such new serv- ice shall be for a longer time than One year. No COn- tract for carrying the mails between the United States and any foreign port shall be for a longer time than two years, unless otherwise directed by Congress. So much Of Sections thirty-nine hundred and forty-three, thirty-nine hundred and fifty-six, and thirty-nine hun- dred and seventy of the Revised Statutes as is in con- flict with the preceding sections is hereby repealed. (May 17, 1878, c. 107, § 5, 20 Stat. 62.) See §§ 7430, 7441, 7463, 7530-7538. § 74.55. Cancellation of contract sub-let; sub- contractor’s rights—Whenever any COntractOr Or subcontractor shall sublet his contract for the trans- portation of the mail on any route for a less sum than that for which he contracted to perform the service, & 74.55a (Tit. 46 THE POSTAL SERVICE * * [Page 1172.] the Postmaster-General may, whenever he shall deem it for the good of the service, declare the Original Con- trâct at an end, and enter into a contract with the last subcontractor, without advertising, to perform the service on the terms at which the last subcontractor agreed with the original contractor or former Subcon- tractor to perform the same : Provided, That Such last subcontractor shall enter into a good and suffi- cient bond and that the Original Contractor Shall not be released from his Contract until a good and Suffi- cient bond has been made by such last subcontractor and accepted by the Post-Office Department: Provid- ed, further, That when a contract hereafter made is declared void on account of its having been Sublet, the contractor shall not be entitled to one month’s extra pay as provided for by law: And provided further, That if any person shall hereafter perform any serv- ice for any contractor or Subcontractor in Carrying the mail, he shall, upon filing in the department his contract for such service, and satisfactory evidence of its performance thereafter, have a lien on any money due such contractor or Subcontractor for Such Service to the amount of the same; and if such contractor or subcontractor shall fail to pay the party or parties who have performed service as aforesaid the amount due for Such Service within two months after the eX- piration of the quarter in which such service shall have been performed, the Postmaster-General may Cause the amount to be paid said party or parties and Charged to the Contractor, provided that such pay- ment Shall not in any Case exceed the rate Of pay per annum of the contractor or subcontractor: And pro- vided further, That where any person, corporation, or partnership shall have contracts for the performance of mail service upon more than one route, and any failure to perform the service according to contract on any one or more of such routes shall occur, no pay- ment shall be made for service on any of the routes under contract with Such person, corporation, or part- nership until Such failure has been removed and all penalties therefor fully satisfied. (May 4, 1882, c. 116, § 1, 22 Stat. 53.) § 74.55a. Services performed for contractor or subcontractor—If any person shall hereafter per- form any service for any contractor or Subcontractor in Carrying the mail, he shall, upon filing in the de- partment his contract for Such service and Satisfac- tory evidence of its performance, thereafter have a lien on any money due such contractor or subcontrac- tor for such service to the amount of same; and if such contractor or subcontractor shall fail to pay the party Or parties who have performed service as afore- said the amount due for such service within two months after the expiration of the month in which such service shall have been performed the Postmas- ter General may cause the amount due to be paid said party or parties and charged to the contractor: Pro- vided, That such payment shall not in any case ex- Ceed the rate of pay per annum of the contractor Or ºntractor. (May 18, 1916, c. 126, § 9, 39 Stat. 2.) - . Chapter Nine—Carrying the Mail Sec. - 7456. What are post-roads. 7457. Post routes. 7458. Provisions for carrying the mail. 7459. Mail to every court-house. 7460. Carrying the mail on canals. 7461. Carrying the mail on plank-roads. - 7462. Carrying the mail on waters of the United States. 7463. Carrying home mail in steamships. - - 7464. Extending line of posts; compensation. 7465. Selecting post-roads. 7466. Change of post-road terminus. 7467. Discontinuing service on post-road. 7468. Contract for service over routes not established by Iaw. 7469. Repeal of laws compelling vessels to carry mails. 7470. Mail-carrying by vessels not in mail-service. 7471. Prepaid Way-letters to be received. . 7472. Carrying foreign letters. - 7473. Searching vessels for letters. 7474. Seizing and detaining letters, Sec. 7475. Disposition of seizures. - 7476. Letters in stamped envelopes carried out of mail. 7477. Separating letter-mail for expedition. § 7456. What are post-roads—The following are established post-roads: All the waters of the United States, during the time the mail is carried thereon. All railroads or parts of railroads which are now or hereafter may be in Operation. - All canals, during the time the mail is Carried thereon. - All plank-roads during the time the mail is carried thereon. •ºº. The road on which the mail is Carried to Supply any court-house which may be without a mail, and the road on which the mail is carried under contract made by the Postmaster-General for extending the line of posts to supply mails to post-offices not on any estab- lished route, during the time such mail is carried thereon. All letter-Carrier routes established in any City Or town for the collection and delivery of mail matters. (R. S. § 3964.) See §§ 7477a-7477i. § 7457. Post routes—All public roads and high- ways while kept up and maintained as Such are hereby declared to be post routes. (March 1, 1884, c. 9, 23 Stat. 3.) - * ~. - § 7458. Provisions for carrying the mail—The Postmaster-General shall provide for carrying the mail on all post-roads established by law, as Often as he, having due regard to productiveness and Other circumstances, may think proper. (R. S. § 3965.) § 7459. Mail to every court-house—The Post- master-General shall cause a mail to be Carried from the nearest post-office on any established post-road to the court-house of any county in the United States which is without a mail. (R. S. § 3966.) § 7460. Carrying the mail on canals—The Post- master-General may contract for carrying the mail on the navigable canals of, the several States, When, in his opinion, the public interest or convenience re- Quires it. (R. S. § 3967.) § 7461. Carrying the mail on plank-roads- The Postmaster-General may contract for carrying the mail on any plank-road in the United States, When the public interest or convenience requires it. (R. S. § 3968.) - § 7462. Carrying the mail on waters of the United States—The Postmaster-General may Cause the mail to be carried in any steamboat or Other vessel used as a packet on any of the Waters of the TJnited States. (R. S. § 3969.) See § 7454. § 7463. Carrying home mail in steamships- The Postmaster-General may, if he deem it for the public interest, make contracts for any period not exceeding one year, for carrying the mails in Steam- ships between any of the ports of the United States. (R. S. § 3970.) See § 7454. º - - - § 7464. Extending line of posts; compensa- tion—The Postmaster-General may enter into Con- tracts for extending the line of posts to supply mails to post-offices not on any established route, and, as a compensation for carrying the mail under such Con- tracts, may allow not exceeding two-thirds of the salary paid to the postmaster at such Special Offices. (R. S. § 3971.) - § 7465. Selecting post-roads—When there is more than one road between places designated by law for a post-road, the Postmaster-General may di- rect which shall be considered the post-road. (R. S. § 3972.) - § 7466. Change of post-road terminus-The Postmaster-General may change the terminus of post- roads connecting with or intersecting railways When the service can be thereby improved. (R. S. § 3973.) Ch. 9) 2 7475 THE POSTAL SERVICE IPage 1173I § 7467. Discontinuing service on post-road- Whenever, in the opinion of the Postmaster-General, the postal service cannot be safely continued, the revenues collected, or the laws maintained On any post-road, he may discontinue the Service On such road or any part thereof until the Same can be Safe- ly restored. (R. S. § 3974.) § 7468, Contract for service over routes not established by law—The Postmaster-General may, When he deems it advisable, COntract for the trans- portation of the mails to and from any post-Office; but where such service is performed OVer a route not established by law, he shall report the Same to COn- gress at its meeting next thereafter, and Such Serv- ice shall cease at the end of the next session of COn- gress, unless such route is established a post-route by Congress. (R. S. § 3975.) (R. S. § 3976. Repealed.) This section provided that the master of any vessel of the United States bound from or to any foreign port should, before clearance, convey all the mail the Post-Office Department or any diplomatic or consular officer of the United States abroad should offer, and that he should promptly deliver the same at the port of destination at two cents for each letter SO delivered, and required the master upon the entry of the vessels returning from a foreign port to make oath that he had promptly delivered the mail placed on board the vessel before clearance from the United States, and pre- scribed a penalty for failing to make the oath. It, and R. S. § 4203, and all other compulsory laws that obliged American vessels to carry the mails to and from the Unit- : #º were repealed by Act June 26, 1884, c. 121, § 23 7469). g § 7469. Repeal of laws compelling vessels to carry mails—That sections thirty-nine hundred and seventy-six and forty-two hundred and three Of the Revised Statutes Of the United States, and all other compulsory laws and parts of laws that oblige Ameri- can vessels to carry the mails to and from the United States arbitrarily, or that prevent the clearance of vessels until they shall have taken mail matter on board, be and the same are hereby repealed, but such repeal shall not take effect until the first day of April eighteen hundred and eighty-five. (June 26, 1884, c. 121, § 23, 23 Stat. 58.) (R. S. § 3977. Repealed.) This section required the master of a steamboat to de- liver to the postmaster within a designated time after ar- rival at any port where there was a post-office all letters or packets brought by him addressed to that place, and made a failure to do so punishable. It was incorporated into the Criminal Code in section 200 thereof (§ 10370), and was repealed by section 341 thereof (§ 10515). - § 7470. Mail-carrying by vessels not in anail service—The Postmaster-General may pay, to the master or owner of any vessel not regularly em- ployed in carrying the mail, two cents for each letter carried by such vessel between ports or places in the United States, or from any foreign port to any port in the United States; but all such letters shall be de- posited in the post-office at the port of arrival. (R. S. § 3978.) - (R. S. § 3979. Repealed.) This section made it punishable to paint, etc., upon any vessel or vehicle not used in carrying the mail the words “United States Mail” or words of like import, or to ad- vertise that a vessel or vehicle was used in carrying the mail when it actually was not so used. It was incorporat- ed into the Criminal Code in section 188, thereof (§ 10358), and was repealed by section 341 thereof (§ 10515). - § 7471. Prepaid way-letters to be received— Every route-agent, postal clerk, or other carrier of the mail shall receive any mail-matter presented to him, if properly prepaid by stamps, and deliver the Same for mailing at the next post-office at which he arrives; but no fees shall be allowed him therefor. (R. S. $ 3980.) - (R. S. §§ 3981—3986. Repealed.) R. S. § 3981 made it punishable for any person con- cerned in carrying the mail to receive or carry any let- ter or packet contrary to law. It was incorporated into the Criminal Code in section 180 thereof (§ 10350), and was repealed by section 341 thereof (§ 10515). R. S. $ 3982 made it punishable to establish a private express for the conveyance of letters or packets over any post route or between places where the mail was regular- ly carried. It was construed so as not to prohibit a per- receive on board and securely . son from receiving and delivering to the nearest post- office or postal car mail-matter properly stamped, by Act March 3, 1879, c. 180, § 1, 20 Stat. 356. This section and said act were both incorporated into the Criminal Code in section 181 thereof (§ 10351), and were repealed by Section 341 thereof (§ 10515). R. S. § 3983 made punishable the carrying of any person employed as a private express for the conveyance of let- ters or packets by any stage-coach, railway-car, Vessel, or other vehicle with the knowledge of the owner or of the driver, conductor or master. It was incorporated into the Criminal Code in section 182 thereof (§ 10352), and Was repealed by section 341 thereof (§ 10515). R. S. § 3984 made it punishable to transmit letters or packets by private express. It was incorporated into the Criminal Code in section 183 thereof (§ 10353), and was re- pealed by section 341 thereof (§ 10515). R. S. § 3985 made it punishable for any stage-coach, railway-car, vessel, etc., which regularly performed trips over any post route, to carry any letters or packets oth- erwise than in the mail, except such as related to the cargo and except as provided by R. S. § 3993 (§ 7476). It Was incorporated into the Criminal Code in Section 184, thereof (§ 10354), and was repealed by section 341 thereof ($ 10515). R. S. § 3986 made it punishable to carry any letter, or packet on board any mail vessel otherwise than in the mail, except as provided by R. S. § 3993 (§ 7476). It Was incorporated into the Criminal Code in section 185, thereof (§ 10355), and was repealed by section 341 thereof (§ 10515). § 7472. Carrying foreign letters—No vessel de- parting from the United States for any foreign port shall receive on board or convey any letter or packet originating in the United States which has not been regularly received from the post-office at the port Of departure, and which does not relate to the Cargo of such vessel, except as provided in Section three thousand nine hundred and ninety-three; and every collector, or other officer of the port empowered to grant clearances, shall require from the master of such vessel, as a condition of clearance, an Oath that he has not received on board, has not under his Care or control, and will not receive or convey any letter or packet contrary to the provisions of this section. (R. S. $ 3987.) (R. S. § 3988. Repealed.) § This section made it punishable for any vessel, to make entry or break bulk until all letters on board had been delivered at the nearest post-office and the master had made oath to that effect. It was incorporated into the Criminal Code in section 204 thereof (§ 10374), and Was repealed by section 341 thereof (§ 10515). - § 7473. Searching vessels for letters—Any [special agent] of the Post-Office Department, when instructed by the Postmaster-General to make exami- nations and seizures, and the collector or other cus- toms officer of any port, without special instructions, shall carefully search all vessels for letters which may be on board or which have been conveyed con- trary to law. (R. S. $ 3989.) Text in brackets superseded by § 7547. § 7474. Seizing and detaining letters—Any [special agent] of the Post-Office Department, collec- tor, or other customs Officer, Or United States mar- shal or his deputy, may at all times seize all letters and bags, packets or parcels, containing letters which are being carried contrary to law on board any ves- sel or on any post-route, and convey the same to the nearest post-office, or may, by the direction of the Postmaster-General Or Secretary Of the Treasury, de- tain them until two months after the final determi- nation of all Suits and proceedings which may, at any time within Six months after Such seizure, be brought against any perSOn for sending Or Carrying Such let- ters. (R. S. § 3990.) Text in brackets superseded by § 7547. § 7475. Disposition of seizures—Every package or parcel seized by any [Special agent] of the Post- Office Department, collector, or other customs officer, or United States marshal or his deputies, in which any letter is unlawfully concealed, shall be forfeited to the United States, and the same proceedings may be had to enforce the forfeiture as are authorized in respect to goods, wares, and merchandise forfeited for violation Of the revenue laws; and all laws for the benefit and protection of customs officers making seizures for violating revenue laws “shall apply to 3 7475 (Tit. 46 THE POSTAL SERVICE iPage 1174I Officers, making seizures for violating the postal laws. (R. S. § 3991.) Text in brackets superseded by § 7547. (R. S. § 3992. Hepealed.) This section provided that nothing herein contained should be construed to prohibit the transmission of let- ters or packets by private hands without compensation, or by special messenger employed for the particular occasion only. It was incorporated into the Criminal Code in Sec- tion 186 thereof (§ 10356), and was repealed by section 341 thereof (§ 10515). tº § 7476. Letters in stamped envelopes carried out of mail—All letters inclosed in stamped envel- opes, if the postage-stamp is of a denomination suffi- cient to cover the postage that would be chargeable thereon if the same were sent by mail, may be sent, COnveyed, and delivered otherwise than by mail, pro- vided such envelope shall be duly directed and prop- erly sealed, so that the letter cannot be taken there- from without defacing the envelope, and the date of the letter or of the transmission or receipt thereof shall be written or stamped upon the envelope. But the Postmaster-General may suspend the operation of this section upon any mail-route where the public interest may require such suspension. (R. S. § 3993.) § 7477. Separating letter-mail for expedition —When the amount Of mail-matter to be Carried. On any mail-route is so great as to seriously retard the progress Or endanger the security of the letter-mail, Or materially increase the cost of carriage at the Ordinary rate of Speed, the Postmaster-General may provide for the separate Carriage of the letter-mail at the usual rate of speed; but the other mail-matter shall not be delayed any more than is absolutely nec- essary, having due regard to the cost of expedition and the means at his disposal for effecting the same. (R. S. § 3994, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 319.) (R. S. §§ 3995, 3996. Repealed.) R. S. § 3995 made punishable the obstructing or retard- ing the passage of the mail. It was incorporated into the Criminal Code in section 201 thereof (§ 10371), and was re- pealed by section 341 thereof (§ 10515). R. S. § 3996 made it punishable for a ferryman to delay the mail at a ferry. It was incorporated into the Criminal Code in section 202 thereof (§ 10372), and was repealed by section 341 thereof (§ 10515). - Chapter Nine A–Rural Post Roads Sec. - 7477a. Cooperation with state highway departments in con- struction of rural post roads; agreement; tolls. 7477b. Definitions. . 7477c. Appropriations; expenditure. 7477 d. , Same ; expenditure for administration. 7477e. Same; certification to states of apportionment. 7477f. Project statements of proposed construction; sion to Secretary of Agriculture. 7477g. Maintenance of roads constructed. 7477.h. Assistants, clerks and buildings. 7477i. Rules and regulations. g § 7477a. Cooperation with state highway de- partments in construction of rural post roads; agreement; tolls—The Secretary of Agriculture is authorized to cooperate with the States, through their respective State highway departments, in the con- struction of rural post roads; but no money appor- submis- tioned under this Act to any State shall be expended therein until its legislature shall have assented to the provisions of this Act, except that, until the final adjournment of the first regular session of the leg- islature held after the passage of this Act, the assent of the governor of the State shall be sufficient. The Secretary of Agriculture and the State highway de- partment of each State shall agree upon the roads to be constructed therein and the character and method of construction: Provided, That all roads Structed under the proVisions Of this Act shall be free from tolls of all kinds. (July 11, 1916, c. 241, § 1, 39 Stat. 355.) - § 7477 b. Definitions—For the purpose of this Act the term “rural post road” shall be construed to mean any public road over which the United States ºnails now are or may hereafter be transported, exclud- - COD- ing every street and road in a place having a population, as shown by the latest available Federal census, Of tWO thousand five hundred or more, except that portion of any such street Or road along which the houses average more than two hundred feet apart; the term “State highway department” shall be construed to include any department Of another name, or COIm- mission, or official or officials, of a State empowered, under its laws, to exercise the functions ordinarily exercised by a state highway department; the term “construction” shall be construed to include recon- Struction and improvement of roads ; “properly main- tained” as used herein Shall be COnStrued to mean the making of needed repairs and the preservation of a reasonably smooth surface considering the type of the road; but shall not be held to include extraor- dinary repairs, nor reconstruction; necessary bridg- es and Culverts shall be deemed parts of the respec- tive roads covered by the provisions of this Act. (July 11, 1916, c. 241, § 2, 39 Stat. 356.) § 7477c. Appropriations; expenditure—For the purpose of carrying out the provisions of this Act there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fis- cal year ending June thirtieth, nineteen hundred and seventeen, the sum of $5,000,000; for the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $10,000,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $15,000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $20,000,000; and for the fiscal year ending June thir- tieth, nineteen hundred and twenty-one, the sum of $25.- 000,000. So much of the appropriation apportioned to any State for any fiscal year as remains unexpend- ed at the close thereof shall be available for expen- diture in that State until the close Of the Succeeding fiscal year, except that amounts apportioned for any fiscal year to any State which has not a State high- way department shall be available for expenditure in that State until the close of the third fiscal year Suc- ceeding the close of the fiscal year for which such apportionment was made. Any amount apportioned under the provisions of this Act unexpended at the end of the period during which it is available for ex- penditure under the terms of this section shall be re- apportioned, within sixty days thereafter, to all the States in the same manner and on the same basis and certified to the Secretary of the Treasury and to the State highway departments and to the govern- Ors of States having no State highway departments in the same way as if it were being apportioned under this Act for the first time: Provided, that in States where the constitution prohibits the State from en- gaging in any work of internal improvements, then the amount of the appropriation under this Act appor- tioned to any such State shall be turned over to the highway department of the State or to the governor of said State to be expended under the provisions of this Act and under the rules and regulations of the Department of Agriculture, when any number of coun- ties in any such State shall appropriate or provide the proportion or share needed to be raised in order to entitle such State to its part of the appropriation ap- portioned under this Act. (July 11, 1916, c. 241, § 3, 39 Stat. 356.) - - - § 7477d. Same; expenditure for administra- tion—So much, not to exceed three per centum, of the appropriation for any fiscal year made by or un- der this Act as the Secretary of Agriculture may esti- mate to be necessary for administering the provisions of this Act shall be deducted for that purpose, availa- ble until expended. Within sixty days after the close of each fiscal year the Secretary of Agriculture shall determine what part, if any, of the sums theretofore deducted for administering the provisions of this Act will not be needed for that purpose and apportion such part, if any, for the fiscal year then current in the Ch. 10) # 7477i THE POSTAL SERVICE [Page 1175] same manner and on the Same basis, and certify it to the Secretary of the Treasury and to the State high- way departments, and to the governors of States hav- ing no State highway departments, in the same way as other amounts authorized by this Act to be ap- portioned among all the States for such current fiscal year. The Secretary of Agriculture, after making the deduction authorized by this section, shall appor- tion the remainder of the appropriation for each fis- Cal year among the several States in the following manner: One-third in the ratio which the area. Of each State bears to the total area. Of all the States; One-third in the ratio , which the population of each State bears to the total population. Of all the States, as shown by the latest available Federal Census ; One- third in the ratio which the mileage of rural delivery routes and star routes in each State bears to the total mileage of rural delivery routes and star routes in all the States, at the close of the next preceding fiscal year, as shown by the Certificate of the Postmaster General, which he is directed to make and furnish an- nually to the Secretary of Agriculture. (July 11, 1916, c. 241, § 4, 39 Stat. 356.) § 7477e. Same; certification to states of ap- portionmaent—Within sixty days after the approval Of this Act the Secretary of Agriculture shall cer- tify to the Secretary of the Treasury and to each State highway department and to the governor of each State having no State highway department the sum which he has estimated to be deducted for ad- ministering the provisions of this Act and the Sum which he has apportioned to each State for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and On or before January twentieth next preceding the commencement of each succeeding fiscal year shall make like Certificates for such fiscal year. (July 11, 1916, c. 241, § 5, 39 Stat. 357.) § 7477f. Project statements of proposed con- struction; submission to Secretary of Agricul- ture—Any State desiring to avail itself of the ben- efits of this Act shall, by its State highway depart- ment, submit to the Secretary of Agriculture project statements setting forth proposed construction of any rural post road Or roads therein. If the Secretary of Agriculture approve a project, the State highway de- partment shall furnish to him such surveys, plans, specifications, and estimates therefor as he may re- guire: Provided, however, That the Secretary of Ag- riculture shall approve Only such projects as may be Substantial in character and the expenditure of funds hereby authorized shall be applied only to such im- provements. Items included for engineering, inspec- tion, and unforeseen COntingencies shall not exceed ten per centum of the total estimated cost of the work. If the Secretary of Agriculture approve the plans, spe- cifications, and estimates, he shall notify the State highway department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside the share of the United States payable under this Act on account of such project, which shall not exceed fifty per cen- tum of the total estimated cost thereof. No payment Of any money apportioned under this Act shall be made on any project until such statement of the proj- ect, and the plans, specifications, and estimates there- for, shall have been submitted to and approved by the Secretary of Agriculture. . - When the Secretary of Agriculture shall find that any project so approved by him has been constructed in compliance with said plans and specifications he shall Cause to be paid to the proper authority of said State the amount set aside for said project : Provided, That the Secretary of Agriculture may, in his discre- tion, from time to time make payments On Said C.On- struction as the same progresses, but these payments including previous payments, if any, shall not be more than the United States’ pro rata part of the Value Of the labor and materials which have been actually put into said construction in conformity to Said plans and specifications; nor shall any such pay- ment be in excess of $10,000 per mile, exclusive of the Cost of bridges of more than twenty feet clear span. The Construction work and labor in each State shall be done in accordance with its laws, and under the direct Supervision of the State highway department, Subject to the inspection and approval of the Secre- tary Of Agriculture and in accordance with the rules and regulations made pursuant to this Act. The Secretary of Agriculture and the State high- Way department Of each State may jointly determine at What times, and in what amounts, payments, as WOrk progreSSes, Shall be made under this Act. Such payments shall be made by the Secretary Of the Treas- ury, On Warrants drawn by the Secretary of Agricul- ture, to such official, or officials, or depository, as may be designated by the State highway department and authorized under the laws of the State to receive public funds of the State or county. (July 11, 1916, c. 241, § 6, 39 Stat. 857.) § 7477 g. Mainternance of roads constructed— To maintain the roads constructed under the provi- sions of this Act shall be the duty. Of the States, or their civil subdivisions, according to the laws of the Several States. If at any time the Secretary of Ag- riculture shall find that any road in any State con- structed under the provisions of this Act is not being properly maintained he shall give notice of such fact to the highway department of such State and if with- in four months from the receipt of said notice said road has not been put in a proper condition of main- tenance then the Secretary of Agriculture shall there- after refuse to approve any project for road construc- tion in said State, or the civil subdivision thereof, as the fact may be, whose duty it is to maintain Said road, until it has been put in a condition of proper maintenance. (July 11, 1916, c. 241, § 7, 39 Stat. 358.) § 7477.h. Assistants, clerks, and buildings— Out of the appropriations made by or under this Act the Secretary Of Agriculture is authorized to em- ploy Such assistants, clerks, and other persons in the City Of Washington and elsewhere, to be taken from the eligible lists of the Civil Service Commission, to rent buildings outside of the city of Washington, to purchase such supplies, material, equipment, Of- fice fixtures, and apparatus, and to incur such travel and other expense as he may deem necessary for carrying out the purposes of this Act. (July 11, 1916, c. 241, § 9, 39 Stat. 359.) § 7477i. Rules and regulations—The Secretary of Agriculture is authorized to make rules and regu- lations for Carrying out the provisions of this Act. (July 11, 1916, c. 241, § 10, 39 Stat. 359.) Chapter Ten—Railway Service Sec. - 7478. Carrying mail on railway routes by horse-express. 7479. Transportation of official matter by railway or express companies. 7480. Carrying matter on any train. 7480a. Carrying on trains without extra charge persons i charge of. - 7481. Selection of trains. - - 7482. Pay for carrying on railways receiving Government aid. 7482a. (1) Conditions of railway service; readjustment of Compensation. - (2) Classes of routes enumerated. (3) Full railway post-office car service. (4) Apartment railway post-office car service. (5) Storage-car service. (6) Service by full and apartment railway post-offic Cars and storage Cars. - (7) Closed-pouch service. (8) Rates of payment for classes of routes. (a) Full railway post-office car service. (b) A partment railway post-office car service. (c) Storage-car service. (d) Cars of less than standard lengths; excess length. (e) Closed-pouch service. (f) Land grant roads. (g) Initial and terminal rates to cover certain expenses; varying allowances for full rail- way post-office cars, apartment railway post-Office cars, and Storage cars. cars of & 7478 TEIE POSTAL SERVICE (Tit. 46 [Page 11761 Sec. ! . | Sec. (h) Computation of car miles; railway post-office 7507. Additional division superintendents. cars and apartment railway post-office cars. 7508. Assistant superintendents; traveling expenses. (i) Same; storage cars. 7509. (1) Railway postal clerks; appointment; classification (9) New and additional service; reduction or discon- and compensation. - - tinuance of service. 7510. (2) Classification of railway post-offices, terminal and (10) Special contracts for transportation; reports of. § transfer offices. (11) Style, construction and maintenance of post-office 7511. (3) Railway postal clerks; promotions. Cars; pay for unsound cars and for Service by 7512. (4) Same; transfer. wooden full railway post-office cars; steel cars. 7513. Same; in charge of crews; grades; promotion. (12) Service over property owned by another company; 7514. (6) Same; failing of promotion. - z Over land grant companies. 7515. (7) Same; in highest grades of their lines; promotions. (13) Facilities for carrying and handling mails; cars 7516. (8) Same; restoration after reduction in grade. at stations; station room; offices for employés. 7517. (9) Same; advancement restricted. - (14) Failure to furnish cars or compartments. 7517a. Same; promotion of substitute clerks. (15) Selection of trains; carrying on any train. 7518. (10) Same; residence; salary not reduced. (16) Deductions from pay for reduction in or non-per- 75.18a. Same; transfer; salaries not reduced. formance of service. - 7519. Same; on duty over ten hours; travel allowances. (17) Service operated by railroad and steamboats. 7520. Same; preference in transfers from service to Depart- (18) Conveyance under special arrangement in freight ment or post-Offices. trains; rates. - 7521. Same; leave of absence when sick. (19) Proof of performance of service. - 7522. Same; annual vacation. (20) Information from Interstate Commerce Commission 7523. Same; leave of absence when substitute is provided. as to revenues from express companies; rates 7523a. Same; full time to clerks deadheading under orders. for transporting matter other than first class. * (21) Determination by Interstate Commerce Commis- - (R. S. §§ 3997, 3998. Superseded.) - Sion of postal Carload or less rate for transpor- ..R. S. § 3997, required the Postmaster-General, to clas- tation of fourth class matter and periodicals. - Sify the railway routes according to the size of the mails, (22) Distinguishing between several classes of matter. and the speed and frequency of carriage, into three class- (23) Return to mails; postal cards, stamped envelopes, es., R. S. § 3998, fixed the maximum compensation, per - and newspaper Wrappers. - mile per annum for the railways of each class. These (24) Same; empty mail bags. sections were superseded by the system of compensation (25) Weighing mail; computations. according to weight carried, established by R. S. § 4002, (26) Existing method and rates of pay effective pend- a; subsequent acts. See §§ 7483-7496. ing decision of Interstate Commerce Commission. § 7478. Carrying mail on railway routes by (27) Transportation in manner, under conditions, and horse-express—If the Postmaster-General is unable sº Fººd by Postmaster General: | to contract for carrying the mail, on any railway- (28) Interstate Cornmerce Commission to fix and deter- rOute at a. compensation not exceeding the maxllmum mine rates and compensation. rates herein provided, or for what he may deem a (29) Method of fixing and determining rates. reasonable and fair Compensation, he may Separate (30) Procedure for ascertaining rates. - 7498. 7499. 7500. 7501. 7502. 7502a. 7503. 7504. 7504a. 7505. 7506. 7506a. . Same; (a) Filing of statement by Postmaster General With Interstate Commerce Commission - showing transportation required. (b) Employment of clerical assistance; plan for transportation filed With Interstate Com- > merce Commission. - (c) Notice by Interstate Commerce Commission to railroads; answer of railroads; hear- 1ngS. (d) Taking testimony, evidence, penalties, and procedure. (e) Classification of carriers by Interstate Com- Imerce Commission. - (f) Additional weighing of mails. (g) Orders of Interstate Commerce Commission establishing rate or compensation. (h) Applications for re-examinations. (i) Powers conferred on Interstate Commerce Commission. (j) Pºtage of rates allowed land grant rail- I'O:l CiS. - - (31) Laws continued in force until determination by Interstate Commerce Commission. (32) [Omitted.] (33) Refusal to perform service at rates or methods of Compensation provided by law. Conditions of Service. Compensation; reduction. Same; land-grant railroads. Same; reduction. rates on routes carrying average weight per day of upward of 5000 pounds. Same; rates on land-grant railroads. Weighing mails. Same; periods for. Same; readjustments. Same; withdrawal of freightable lots of postal supplies. Return to mails of empty mail bags. Readjustment of pay for mail diverted after weighing periods. ºr. - Additional pay for extra weight caused by parcel post. Same. * - Same. Weighing mails; payment of expenses of computations. Style, construction, and maintenance of cars. Refusal to provide cars. Rates of additional pay for cars. Failing to furnish cars. Failure to carry on fastest trains. Regular schedules as to time of arrival and departure. [Repealed.] Sending second class matter by freight; discrimina- tions; appeals; precedence of proceedings in Court Of Appeals. Post-Office cars; material, construction, and equipment. Same; steel cars required. Terminal post-offices; leases. Special transfer between St. Louis and East St. Louis. Mail messengers. Same; contracts. at a slower rate of speed. Government and Without Sà Iſle. the letter-mail from the other mail, and contract, ei- ther with or without advertising, for carrying such letter-mail by horse-express or otherwise, at the greatest speed that can reasonably be obtained, and for carrying the other mail in wagons, or otherwise, (R. S. § 3999.) § 7479. Transportation of official matter by railway or express companies—Hereafter the POSt- master-General is authorized to provide for the transportation of Official matter of any Department Of the Government, Over any railroad or express Company, whenever he can do so at a Saving to the detriment to the public Service: Provided, That nothing in this section shall apply to official matter franked by members of Con- gress. (July 13, 1892, c. 165, § 5.) § 7480. Carrying matter on any train—Every railway company carrying the mail shall carry on any train which may run over its road, and without extra charge therefor, all mailable matter directed to be carried thereon, with the person in charge of the (R. S. § 4000.) See § 7482a. - § 7480a. Carrying on trains without extra. charge persons in charge of—Hereafter every rail- road company carrying the mails shall Carry On any train it operates and without extra charge therefor the persons in charge of the mails and when on duty and traveling to and from duty, and all duly accred- ited agents and officers of the Post Office Depart- ment and the Railway Mail Service and Post Office inspectors while traveling on official business, upon the exhibition of their credentials. (July 28, 1916, c. 261, § 1, 39 Stat. 419.) - - § 7481. Selection of trains—The Postmaster General shall, in all cases, decide upon What trains and in what manner the mails shall be conveyed. (March 3, 1879, c. 180, § 3, 20 Stat. 358.) See § 7482a. - § 7482. Pay for carrying on railways receiv- ing Government aid–All railway Companies to which the United States have furnished aid by grant of lands, right of way, or otherwise, shall carry the mail at such prices as Congress may by law pro- vide; and, until such price is fixed by law, the Post- master-General may fix the rate of Compensation. (R. S. § 4001.) - Ch. 10) a 7482a(9) THE POSTAL SERVICE IPage 1177] § 7482a. (1) Conditions of railway service; re- adjustment of compensation—The Postmaster Gen- eral is authorized and directed to readjust the COm- pensation to be paid to railroad companies from and after the thirtieth day of June, nineteen hundred and sixteen, or as soon thereafter as may be practicable, for the transportation and handling of the mails and furnishing facilities and services in connection there- with upon the Conditions and at the rates herein- after provided. - (2) Classes of routes enumerated—The POSt- master General may state railroad mail routes and authorize mail Service thereon. Of the following four classes, namely: Full railway post-office car Serv- ice, apartment railway post-Office car service, storage- Car Service, and closed-pouch Service. (3) Full railway post-office car service—Full railway post-office car mail service shall be Service by Cars forty feet or more in length, Constructed, fitted up, and maintained for the distribution of mails On trains. The authorizations of full railway post- office cars shall be for standard-sized cars sixty feet in length, inside measurement, except as hereinafter provided. - - (4) Apartment railway post-office car service —Apartment railway post-office car mail service shall be service by apartments less than forty feet in length in cars constructed, fitted up, and maintained for the distribution of mails on trains. Two standard Sizes of apartment railway post-office cars may be au- thorized and paid for, namely, apartments fifteen feet and thirty feet in length, inside measurement, except as hereinafter provided. - (5) Storage-ear service—Storage-Car mail Serv- ice shall be service by cars used for the storage and carriage of mails in transit other than by full and apartment railway post-office cars. The authoriza- tions for storage cars shall be for cars sixty feet in length, inside measurement, except as hereinafter provided: Provided, That storage space in units of three feet, seven feet, fifteen feet, and thirty feet, both sides of car, may be authorized in baggage CarS at not exceeding pro rata of the rates hereinafter named for Sixty-foot Storage CarS. (6) Service by full and apartment railway post-office ears and storage cars—Service by full and apartment railway post-Office cars and Storage cars shall include the carriage therein of all mail matter, equipment, and supplies for the mail Service and the employees of the Postal Service or Post-Office Department, as shall be directed by the Postmaster General to be so Carried. (7) Closed-pouch Service shall be the transportation and handling by railroad employees of mails on trains On which full or apartment railway post-Office cars are not author- ized, except as hereinbefore provided. The authori- zations for closed-pouch service shall be for unitS Of seven feet and three feet in length, both sides Of Car. (8) Rates of payment for classes of routes- The rates of payment for the services authorized in accordance with this section shall be as follows, namely: (a) Full railway post-office car service—For full railway post-office car mail service at not ex- ceeding 21 cents for each mile Of Service by a sixty- foot Car. In addition thereto he may allow not exceeding $4.25 as a combined initial and terminal rate for each one-way trip of a sixty-foot car. (b) Apartment railway post-office ear service —For apartment railway post-Office Car mail Service at not exceeding 11 cents for each mile Of Service by a thirty-foot apartment Car and 6 cents for each mile of service by a fifteen-foot apartment car. In addition thereto he may allow not exceeding $2.75 as a combined initial and terminal rate for each one-way trip of a thirty-foot apartment car and service—Closed-pouch mail $2 as a combined initial and terminal rate for each One-Way trip of a fifteen-foot apartment car. (c) Storage-car service---For storage-car mail Service at not exceeding 21 cents for each mile of Service by a sixty-foot car. In addition thereto he may allow not exceeding $4.25 as a combined initial and terminal rate for each One-way trip of a sixty-foot car. (d) Cars of less than standard lengths; cars of excess length—Where authorizations are made. for Cars Of the Standard lengths of sixty, thirty, and fifteen feet, as provided by this section, and the rail- Iroad COmpany is unable to furnish Such cars Of the length authorized, but furnishes cars of lesser length than those authorized, but which are determined by the department to be sufficient for the Service, the Postmaster General may accept the same and pay only for the actual space furnished and used, the COmpensa- tion to be not exceeding pro rata of that provided by this Section for the standard length so authorized: Provided, That the Postmaster General may accept CarS and apartments of greater length than those Of the standard requested, but no compensation shall be allowed for Such excess lengths. (e) Closed-pouch serviee—For closed-pouch serv- ice, at not exceeding 1% cents for each mile of Serv- ice when a three-foot unit is authorized, and 3 cents for each mile of Service when a Seven-foot unit is all- thorized. In addition thereto he may allow not exceeding 25 Cents as the combined initial and terminal rate for each one-way trip of a three-foot unit of service and 50 cents as a combined initial and terminal rate for each one-way trip of a seven-foot unit of Service. (f) Land grant roads—Railroad companies whose railroads were constructed in whole or in part by a land grant made by COngress, On the Condition that the mails Should be transported Over their roads at such price as Congress should by law direct, shall receive Only eighty per Centum of the compensation Otherwise authorized by this section. (g) Initial and terminal rates to cover cer- tain expenses; varying allowances for full rail- way post-office cars, apartment railway post-of- fice cars, and storage cars—The initial and terminal rates provided for herein shall cover expenses of loading and unloading mails, switching, lighting, heat- ing, cleaning mail cars, and all other expenses inci- dental to station service and required by the Post- master General in connection with the mails that are not included in the Car-mile rate. The allowance for full railway post-office cars, apartment railway post-Office Cars, and storage cars may be varied in accordance with the approximate difference in their respective COSt Of Construction and maintenance. (h) Computation of car miles; railway post- office cars and apartment railway post-office cars —In computing the car miles of the full railway post- Office cars and apartment railway post-Office cars, the maximum Space authorized in either direction of a round-trip Car run shall be regarded as the Space to be computed in both directions, unless otherwise mutually agreed upon. (i) Samae; storage cars—In computing the car miles of storage Cars, the maximum Space authorized in either direction of a round-trip Car run shall be regarded as the space to be computed in both direc- tions, unless the car be used by the COrmpany in the return movement, or otherwise mutually agreed upon. (9) New and additional service; reduction or discontinuance of service—New Service and addi- tional service may be authorized at not exceeding the rates herein provided, and service may be reduced or discontinued with pro rata reductions in pay, as the needs of the Postal Service may require: Pro- vided, That no additional pay shall be allowed for additional service unless specifically authorized by the POStrmaster General. & 7482a (10) (Tit. 46 THE POSTAL SERVICE (10) Special contracts for transportation; re- ports of—The Postmaster General is authorized to make special contracts with the railroad companies for the transportation of the mails where in his judg- ment the conditions warrant the application of high- er rates than those herein specified, and make report to Congress of all cases where such special Contracts are made and the terms and reasons therefor. (11) Style, construction and maintenance, of post-office cars; pay for unsound cars and for service by wooden full railway post-office cars; steel cars—All cars or parts of cars used for the Railway Mail Service shall be of such construction, style, length, and character, and furnished in Such manner as shall be required by the Postmaster Gen- eral, and shall be constructed, fitted up, maintained, heated, lighted, and cleaned by and at the expense Of the railroad companies. No pay shall be allowed for service by any railway post-office car which is not sound in material and construction and which is not equipped with sanitary drinking-water Containers and toilet facilities, nor unless such car is regularly and thoroughly cleaned. No pay shall be allowed for service by any wooden full railway post-office Car unless constructed substantially in accordance with the most approved plans and specifications of the Post Office Department for such type of cars, nor for service by any wooden full railway post-Office Car run in any train between adjoining steel. Cars, or be- tween the engine and a steel Car adjoining. After the first Of July, nineteen hundred and seventeen, the Postmaster General shall not approve or allow to be used, or pay for service by, any full railway postof- fice car not COnStructed Of Steel Or Steel under-frame Or equally indestructible material; and all full rail- way postoffice cars accepted for this service and con- tracted for by the railroad companies hereafter shall be constructed of steel. Until July first, nineteen hundred and seventeen, in cases of emergency and in cases where the necessities of the service require it, the Postmaster General may provide for service by full railway post-Office Cars of other than Steel or steel underframe construction, and fix therefor such rate of Compensation within the maximum herein provided as shall give consideration to the inferior Character Of Construction, and the railroad companies shall furnish service by such cars at Such rates SO fixed. (12) Service over property owned by another company; over land grant companies—Service Over property Owned Or Controlled by another Company Or a terminal Company shall be considered service of the railroad company using such property and not that of the other or terminal company: Provided, That service over land-grant road shall be paid for as herein provided. - (13) Facilities for carrying and mails; cars at stations; station room; offices for employés—Railroad companies carrying the mails shall furnish all necessary facilities for caring for and handling them while in their custody. They shall furnish all cars or parts of cars used in the transpor- tation and distribution of the mails, except as herein Otherwise provided, and place them in stations be- fore the departure Of trains at such times and when required to do so. They shall provide station space handling and rooms for handling, storing, and transfer of mails . in transit, including the separation thereof, by pack- ages for Connecting lines, and such distribution of registered mail in transit as may be necessary, and for offices for the employees of the Railway Mail Service engaged in such station work when required. by the Postmaster General, in which mail from sta- tion boxes may be distributed if it does not require additional Space. (14) Failure to furnish cars or compartments —If any railroad company carrying the mails shall fail or refuse to provide cars or apartments in cars [Page 1178] - - for distribution purposes when required by the Post- master General, or shall fail or refuse to construct, fit up, maintain, heat, light, and clean such cars and provide such appliances for use in case of accident as may be required by the Postmaster General, it shall be fined such reasonable sum as may, in the discretion Of the Postmaster General, be deemed proper. (15) Selection of trains; carrying on any train—The Postmaster General shall in all cases de- Cide upon what trains and in what manner the mails shall be conveyed. Every railroad company Carrying the mails shall Carry On any train it Operates, and With due speed, all mailable matter, equipment, and Supplies directed to be carried thereon. If any such railroad company shall fail or refuse to transport the mails, equipment, and Supplies when required by the Postmaster General on any train or trains it Op- erates, such company shall be fined such reasonable amount as may, in the discretion of the Postmaster General, be deemed proper. (16) Deductions from pay for reduction in or non-performance of service--The Postmaster Gen- eral may make deductions from the pay of railroad Companies carrying the mails under the provisions Of this section for reduction in service or infrequen- Cy Of Service where, in his judgment, the importance of the facilities withdrawn or reduced requires it, and impose fines upon them for delinquencies. He may deduct the price of the value of the Service in Cases where it is not performed, and not exceeding three times its value if the failure be occasioned by the fault of the railroad company. (17) Service operated by railroad and steam- boats—The provisions of this section shall apply to service operated by railroad companies partly by rail- road and partly by Steamboats. (18) Conveyance under special arrangement in freight trains; rates—The provisions of this Sec- tion respecting the rates of compensation shall not apply to mails conveyed under special arrangement in freight trains, for which rates not exceeding the usual and just freight rates may be paid, in a C- cordance with the classifications and tariffs approv- ed by the Interstate Commerce Commission. - - (19) Proof of performance of service—Railroad COmpanies Carrying the mails shall submit, under Oath When and in such form as may be required by the Postmaster General, evidence as to the performance Of Service. (20) Information from Interstate Commerce Commission as to reventies from express compa- Inies; rates for transporting matter other than first class—The Postmaster General shall, from time to time, request information from the Interstate Com- merce Commission as to the revenue received by rail- road Companies from express COImpanies for services rendered in the transportation of express matter, and may, in his discretion, arrange for the transporta- tion Of mail matter other than Of the first Class at I’ates not exceeding those SO ascertained and re- ported to him, and it shall be the duty of the rail- road Companies to carry such mail matter at such rates fixed by the Postmaster General. (21) Determination by Interstate Commeree Commission of postal carload or less rate for transportation of fourth class matter and peri- odieals—The Postmaster General is authorized, in his discretion, to petition the Interstate Commerce Com- mission for the determination of a postal Carload Or less-than-Carload rate for transportation. Of mail mat- ter of the fourth class and periodicals, and may pro- Wide for and authorize SUICh transportation, When practicable, at such rates, and it shall be the duty of the railroad companies to provide and perform such Service at Such rates and On the COnditions prescribed by the Postmaster General. : (22) Hºistinguishing between several classes of matter—The Postmaster General may, in his dis- Ch. 10) 2 usa (g) THE POSTAL SERVICE [Page 11791 cretion, distinguish between the several classes of mail matter and provide for less frequent dispatches of mail matter of the third and fourth Classes and periodicals when lower rates for transportation or other economies may be secured thereby without material detriment to the Service. (23) Return to mails; postal cards, stamped envelopes, and newspaper wrappers—The Postmas- ter General is authorized to return to the mails, When practicable for the utilization of Car Space paid for and not needed for the mails, postal cards, Stamped envelopes, newspaper wrappers, empty mail bags, fur- niture, equipment, and other supplies for the POStal Service. - (24) Same; empty mail bags—The Postmaster General, in cases of emergency between October first and April first of any year, may hereafter return to the mails empty mail bags and other equipment theretofore withdrawn therefrom as required by law, and, where Such return requires additional authoriza- tion of car space under the provisions of this section, to pay for the transportation thereof as provided for herein Out of the appropriation for inland transporta- tion by railroad routes. (25) Weighing mail; computations—The Post- master General may have the weights of mail taken On railroad mail routes, and computations Of the aver- age loads Of the several classes Of Cars and Other COmſ- putations for statistical and administrative purposes made at such times as he may elect, and pay the ex- pense thereof out of the appropriation for inland trans- portation by railroad routes. - (26) Existing method and rates of pay effec- tive pending decision of Interstate Commerce Commission—Pending the decision of the Interstate Commerce Commission, as hereinafter provided for, the existing method and rates of railway mail pay Shall remain in effect, except on such routes or sys- tems as the Postmaster General shall select, and to the extent he may find it practicable and necessary to place upon the space system of pay in the manner and at the rates provided in this section, with the COnSent and approval Of the Interstate Commerce Commission, in order to properly present to the In- terState Commerce Commission the matters herein- after referred thereto: Provided, That if the final decision of the Interstate Commerce Commission shall be adverse to the space system, and if the rates es- tablished by it under whatever method or system is adopted shall be greater or ſess than the rates un- der this section, the Postmaster General shall read- just the compensation of the carriers on such select- ed routes and systems in accordance therewith, from the dates on which the rates named in this section be- Calme effective. (27) Transportation in manner, under condi- tions, and with service prescribed by Postmas- ter General; compensation therefor—All railway Common carriers are hereby required to transport Such mail matter as may be offered for transporta- tion by the United States in the manner, under the Conditions, and with the service prescribed by the Postmaster General and shall be entitled to receive fair and reasonable compensation for such transpor- tation and for the service connected therewith. (28) Interstate Commerce Comimission to fix and determine rates and compensation—The In- terstate Commerce Commission is hereby empowered and directed as soon as practicable to fix and deter- mine from time to time the fair and reasonable rates and COmpensation for the transportation of such mail matter by railway Common carriers and the Service Connected therewith, prescribing the method or meth- Ods by weight, or space, or both, or otherwise, for aSCertaining such rate or compensation, and to pub- lish the same, and orders so made and published Shall continue in force until changed by the commis- Sion after due notice and hearing. (29) Method of fixing and determining rates— In fixing and determining the fair and reasonable rates for such service the commission shall consider the relation existing between the railroads as public service corporations and the Government, and the nature of Such service as distinguished, if there be a distinction, from the ordinary transportation busi- ness Of the railroads. (30) Procedure for ascertaining rates—The procedure for the ascertainment of said rates and compensation, shall be as follows: (a) Filing of statement by Postmaster Gen- eral with Interstate Commerce Commission show- ing transportation required—Within three months from and after the approval of this Act, or as soon thereafter as may be practicable, the Postmaster General shall file with the commission a statement showing the transportation required of all railway Common carriers, including the number, equipment, size, and construction of the cars necessary for the transaction of the business; the character and Speed of the trains which are to carry the various Rinds of mail; the Service, both terminal and en route, which the carriers are to render; and all other information which may be material to the inquiry, but such other information may be filed at any time in the discretion of the commission. - (b) Employment of clerical assistance; plan for transportation filed, with Interstate Com- merce Commission—The Postmaster General is au- thorized to employ such clerical and other assistance as shall be necessary to carry out the provisions of this Section, and to rent quarters in Washington, Dis- trict of Columbia, if necessary, for the clerical force engaged thereon, and to pay for the same out of the appropriation for inland transportation by rail- road routes. The Postmaster General shall file with the Commission a comprehensive plan for the trans- portation of the mails on said railways and shall em- body therein what he believes to be the reasonable rate Or Compensation the said railway carriers should receive. & (c) Notice by Interstate Commerce Commission to railroads; answer of railroads; hearings— Thereupon the commission shall give notice of not less than thirty days to each carrier so required to transport mail and render service, and upon a day to be fixed by the Commission, not later than thirty days after the expiration of the notice herein required, each Of Said carriers shall make answer and the Commission shall proceed with the hearing as now pro- vided by law for Other hearings between Carriers and Shippers or a SSOciations. (d) Taking testimony, evidence, penalties, and procedure—All the provisions of the law for taking testimony, securing evidence, penalties, and procedure are hereby made applicable. - - (e) Classification of carriers by Interstate Commerce Commission—For the purpose of deter- mining and fixing rates Or Compensation hereunder the Commission is authorized to make such classifica- tion of carriers as may be just and reasonable and, Where just and equitable, fix general rates applicable to all carriers in the same classification. (f) Additional weighing of mails—Pending such hearings, and the final determination of the ques- tion, if the Interstate Commerce Commission shall determine that it is necessary or advisable, in order to carry out the provisions of this section, to have additional and more frequent weighing of the mails for statistical purposes, the Postmaster General, up- on request of the commission, shall provide therefor in the manner now prescribed by law, but such weigh- ing need not be for more than thirty days. (g) Orders of Interstate Commerce Commission establishing rate or compensation—At the con- clusion. Of the hearing the Commission shall establish by order a fair, reasonable rate or compensation to 3 7482a (h) (Tit. 46 THE POSTAL SERVICE IPage 1180] be received, at such stated times as may be named in the Order, for the transportation of mail matter and the service connected therewith, and during the con- tinuance Of the Order the Postmaster General shall pay the Carrier from the appropriation herein made Such rate Or Compensation. (h) Applications for re-examinations—Either the Postmaster General or any such carrier may at any time after the lapse of six months from the entry of the Order assailed apply for a re-examination, and thereupon Substantially similar proceedings shall be had With respect to the rate or rates for service COvered by Said application, provided said carrier or Carriers have an interest therein. (i) Powers conferred on Interstate Commerce Commission—For the purposes of this section the In- terstate Commerce Commission is hereby vested with all the powers which it is now authorized by law to exercise in the investigation and ascertainment of the justness and reasonableness of freight, passenger, and eXpress rates to be paid by private shippers. (j) Pereentage of rates allowed land grant railroads—The Interstate Commerce Commission Shall allow to railroad Companies whose railroads were Constructed in whole or in part by “a land grant made by COngreSS On Condition that the mails should be transported over their roads at such price as Con- gress should by law direct only eighty per centum of the compensation paid other railroads for transport- ing the mails and all service by the railroads in con- Inection there with. - - (31) Laws continued in foree until determina- tion by Interstate Commerce Commission—The existing law for the determination of mail pay, ex- cept as herein modified, shall continue in effect un- til the Interstate Commerce Commission under the provisions hereof fixes the fair, reasonable rate or Compensation for such transportation and service. (32) [Omitted.] - - This paragraph provided that the appropriations for in- land transportation by railroad routes and for railway post-office car service for the t1scal year ending June 30, 1917, should be available for the purposes of the Section. It is omitted as temporary. (33) Refusal to perform service at rates or methods of compensation provided by law—That it shall be unlawful for any railroad Company to re- fuse to perform mail service at the rates Or methods of compensation provided by law when required by the Postmaster General SO to do, and for Such Offense shall be fined $1,000. Each day of refusal shall COn- stitute a separate offense. (July 28, 1916, c. 261, $ 5, 39 Stat. 425.) § 7483. Conditions of service—The Postmaster- General is authorized and directed to readjust the compensation hereafter to be paid for the transpor- tation of mails on railroad-routes upon the conditions and at the rates hereinafter mentioned: First. That the mails shall be conveyed With due frequency and speed ; and that sufficient and Suitable room, fixtures, and furniture, in a Car or apartment properly lighted and warmed, shall be provided for route-agents to accompany and distribute the mails. Second. That the pay per mile per annum shall not exceed the following rates, namely: On routes Carry- ing their whole length an average weight Of mails per day of two hundred pounds, fifty dollars; five hundred pounds, seventy-five dollars; One thousand pounds, one hundred dollars; one thousand five hun- dred pounds, one hundred and twenty-five dollars; tWO thousand pounds, one hundred and fifty dollars ; three thousand five hundred pounds, one hundred and seventy-five dollars; five thousand pounds, two hun- dred dollars, and twenty-five dollars additional for every additional two thousand pounds, the average weight to be ascertained, in every case, by the actual . weighing Of the mails for Such a number of Successive working-days, not less than thirty, at such times, aft- er June thirtieth, eighteen hundred and seventy-three, and not less frequently than once in every four years, and the result to be stated and verified in such form and manner as the Postmaster-General may direct. (R. S. § 4002.) - See § 7482a. r § 7484. Compensation; reduction—That the Postmaster General be, and he is hereby, authorized and directed to readjust the compensation to be paid from and after the first day of July, eighteen hundred and seventy-six, for transportation of mails on rail- road-routes by reducing the compensation to all rail- road Companies for the transportation of mails ten per centum per annum from the rates fixed and al- lowed by the first section of an act entitled “An act making appropriations for the service of the Post- Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for Other purposes,” approved March third, eighteen hun- dred and Seventy-three, for the transportation of Imails On the basis Of the average weight. (July 12, 1876, c. 179, § 1, 19 Stat. 79.) - See § 7482a. - § 7485. Same; land-grant railroads—Rail- road-companies whose railroad was constructed in whole or in part by a land-grant made by Congress On the COndition that the mails should be transported Over their road at Such price as Congress should by law direct shall receive Only eighty per centum of the compensation authorized by this act. (July 12, 1876, c. 179, § 13, 19 Stat. 82.) See § 7482a. - - - - § 7486. Same; reduction—That the Postmaster- General be, and he is hereby, authorized and directed to readjust the compensation to be paid from and after the first day of July, eighteen hundred and Sev- enty-eight, for transportation of mails on railroad routes by reducing the compensation to all railroad companies for the transportation of mails five per centum per annum from the rates for the transporta- tion of mails, on the basis of the average weight fix- ed and allowed by the first section of an act entitled “An act making appropriations for the Service Of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and Seventy-Seven, and for other purposes,” approved July twelfth, eighteen hundred and seventy-six. (June 17, 1878, C. 259, § 1, 20 Stat. 142.) - . See § 7482a. § 7487. Same; rates on routes carrying aver- age weight per day of upward of 5000 pounds- The Postmaster-General is hereby authorized and di- rected to readjust the compensation to be paid from and after the first day of July, nineteen hundred and seven, for the transportation of mail. On railroad routes carrying their whole length an average Weight of mails per day of upward of five thousand pounds by making the following changes in the present rates per mile per annum for the transportation of mail On Such routes, and hereafter the rates On Such routes shall be as follows: On routes carrying their Whole length an average weight of mail per day of more than five thousand pounds and less than forty-eight thousand pounds the rate shall be five per centum less than the present rates on all weight carried in excess Of five thousand pounds; and On routes carrying their whole length an average weight of mail per day of more than forty-eight thousand pounds the rate, shall be five per centum less than the present rates on all weight carried in excess of five thousand pounds up to forty-eight thousand pounds, and for each additional two thousand pounds in ex- cess of forty-eight thousand pounds at the rate Of Inineteen dollars and twenty-four Cents upon all roads other than land-grant roads, and upon all land-grant roads the rate shall be seventeen dollars and ten CentS for each two thousand pounds Carried in excess Of Said forty-eight thousand pounds. (March 2, 1907, C. 2513, 34 Stat. 1212.) - See § 7482a. - § 7488. Same; rates on land-grant railroads— The provision of the act of March Second, nineteen Ch. 10) & 7494a THE POSTAL SERVICE [Page 1181] hundred and seven, entitled “An Act making appro- priations for the service of the Post-Office Depart- ment for the fiscal year ending June thirtieth, nine- teen hundred and eight, and for other purposes,” fix- ing the Compensation to be paid for transportation of mail on land-grant railroads at the rate of seventeen dollars and ten cents for each two thousand pounds Carried in excess of forty-eight thousand pounds, is hereby amended to make Such rate of compensation after June thirtieth, nineteen hundred and ten, fifteen dollars and thirty-nine cents for each two thousand pounds Carried in excess of forty-eight thousand pounds, and the Postmaster-General is hereby author- ized and directed to readjust the compensation in ac- cordance with this amendment. (May 12, 1910, c. 230, 36 Stat. 362.) See § 7482a. e - § 7489. Weighing mails—Out of the appropria- tion for inland-mail transportation the Postmaster General is authorized hereafter to pay the expenses of taking the weights of mails on railroad routes, as provided by the act entitled “An act making appro- priations for the Service Of the Post-Office Department for the year ending June thirtieth, eighteen hundred and seventy-four,” approved March third, eighteen hundred and seventy-three; and he is hereby directed to have the mails weighed as often as now provided by law by the employees of the Post-Office Depart- ment, and have the weights stated and Verified to him by said employees under such instructions as he may consider just to the Post-Office Department and the railroad-companies. (March 3, 1875, c. 128, § 1, 18 Stat. 341.) - See § 7482a. § 7490. Same; periods for—Hereafter before making the readjustment of pay for transportation Of mails on railroad routes, the average weight shall be ascertained by the actual weighing of the mails for such a number of successive working days not less than ninety, at such times after June thirtieth, nine- teen hundred and five, and not less frequently than Once in every four years, and the result to be stated and verified in such form and manner as the Post- master-General may direct. (March 3, 1905, c. 1480, § 1, 33 Stat. 1087.) See § 7482a. r § 7490a. Same; readjustments—When, during a Weighing period, on account of floods or other Causes, interruptions in service occur on railroad routes and the weights of mail are decreased below the normal, or Where there is an Omission to take weights, the POSt- master General, for the purpose of readjusting compen- sation on Such railroad routes as are affected thereby, is hereafter authorized, in.his discretion, to add to the weights of mails ascertained on such routes during that part of the weighing period when conditions are shown to have been normal the estimated weights for that part of the weighing period when conditions are shown to have been not normal, or where there has been an Omission to take weights, based upon the average of weights taken during that part Of the weighing period during which conditions are shown to have been normal, the actual weights and the esti- mated Weights to form the basis for the average weight per day upon which to readjust the compensa- tion according to law on Such railroad routes for the transportation. Of the mails, notWithStanding the provision of the Act of Congress approved March third, nineteen hundred and five, requiring that the average weight shall be ascertained by the actual Weighing of the mails for such a number of succes- Sive working days, not less than ninety, as the Post- master General may direct: Provided further, That re- adjustments from July first, nineteen hundred and thirteen, may be made under this provision. On routes in the first section affected by the floods in the Ohio Valley and tributary territories, commencing about March twenty-fifth, nineteen hundred and thirteen. (May 18, 1916, c. 126, § 4, 39 Stat. 161.) § 7491. Same; withdrawal of freightable lots of postal supplies—The Postmaster-General shall re- quire, When in freightable lots and whenever practica- ble, the Withdrawal from the mails of all postal cards, Stamped envelopes, newspaper wrappers, empty mail bags, furniture, equipment, and other supplies for the postal Service, except postage stamps, in the respective Weighing divisions of the country, immediately preced- ing the Weighing period in said divisions, and there- after Such postal cards, stamped envelopes, newspa- per Wrappers, empty mail bags, furniture, equipment, and other supplies for the postal service, except post- age Stamps, shall be transmitted by either freight or express. (May 12, 1910, c. 230, 36 Stat. 362.) See § 7482a. - § 7492. Return to mails of empty mail bags —The Postmaster General, in cases of emergency, be- tween October first and April first Of any year, may hereafter return to the mails empty mail bags thereto- fore withdrawn therefrom as required by law, and for such times may pay for their railroad transporta- tion out of the appropriation for inland transporta- tion by railroad routes at not exceeding the rate per pound per mile as ShoWn by the last adjustment for mail Service On the route Over which they may be Car- ried, and pay for necessary Cartage Out Of the appro- priation for freight or expressage. (May 18, 1916, c. 126, § 3, 39 Stat. 160.) - See § 7482a. - § 7493. Readjustment of pay for mail divert- ed after weighing periods—When, after a weighing Of the mails for the purpose of readjusting the COm- pensation for their transportation on a railroad route, mails are diverted therefrom or thereto, the POSt- master General may, in his discretion, ascertain the ef- fect of such diversion by a Weighing of such mails for Such number of Successive Working days as he may determine, and have the weights stated and verified to him as in other cases, and readjust the compensation On the routes affected accordingly: [Provided, That no readjustment shall be made unless the diverted mails equal at least ten per centum of the average daily weight on any of the routes affected :] Provid- ed further, That readjustment made hereunder shall not take effect before July first, nineteen hundred. and twelve, and shall be for diversions occurring after January first, nineteen hundred and twelve. (Aug. 24, 1912, c. 389, § 4, 37 Stat. 554.) Text in brackets repealed by Act May 18, 1916, c. 126, § 5, 39 Stat. 161. § 7494. Additional pay for extra weight caus- ed by parcel post—On account of the increased weight of mails resulting from the enactment Of Sec- tion eight of the Act of August twenty-fourth, nineteen bundred and twelve, making appropriations for the Service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and. thirteen, the Postmaster-General is authorized to add to the compensation paid for transportation. On rail- road routes. On and after July first, nineteen hundred and thirteen, for the remainder of the contract terms, not exceeding five per centum thereof per annum, ex- cepting upon routes weighed since January first, nine- teen hundred and thirteen, and to be readjusted from July first, nineteen hundred and thirteen, until other- wise provided by law. (March 4, 1913, c. 143, 37 Stat. 797. - 'aº Aug. 24, 1912, c. 389, § 8. See §§ 7319-7322, 7324, 73.25. § 7494a. Samae—On account of the increased weight of mails resulting from Postmaster General’s order numbered seventy-seven hundred and twenty, of December eighteenth, nineteen hundred and thir- teen, respecting rates upon and limit of weight of parcel-post packages, effective from January first, Inineteen hundred and fourteen, the POStnaster Gen- eral is authorized to add to the Compensation paid for transportation. On railroad routes On and after Janu- ary first, nineteen hundred and fourteen, for the re- mainder of the Contract terms, not exceeding One per 3 7494b (Tit. 46 THE POSTAL SERVICE IPage 11821 centum thereof per annum. (July 28, 1916, C. 261, $ 3, 39 Stat. 425.) . § 7494 b. Same—On account of the increased weight of mails resulting from Postmaster General’s Order numbered Seventy-three hundred and forty-nine, of July twenty-fifth, nineteen hundred and thirteen, respecting rates upon the limit of weight of parcel-post packages in the local, first, and second Zones, and ef- fective from August fifteenth, nineteen hundred and thirteen, the POStrmaster General is authorized to add to the compensation paid for transportation on rail- road routes on and after August fifteenth, nineteen hundred and thirteen, for the remainder of the COn- tract terms, not exceeding one-half of one per centum thereof per annum. (July 28, 1916, c. 261, § 4, 39 Stat. . 425.) § 7495. Weighing mails; payment of expens- es of computations—Out of the appropriation for in- land mail transportation the Postmaster General is au- thorized hereafter to pay rental if necessary in Wash- ington, District of Columbia, and compensation to tabulators and clerks employed in connection with the Weighings for assistance in completing computa- tions, in connection with the expenses of taking the Weights of mails on railroad routes, as provided by law. (March 4, 1911, c. 241, § 1, 36 Stat. 1334.) § 7496. Style, construction and maintenance of cars—All Cars Or parts. Of Cars used for the rail- Way mail Service shall be of such style, length, and Character, and furnished in such manner, as shall be required by the Postmaster General, and shall be COnStructed, fitted up, maintained, heated, and light- ed by and at the expense of the railroad companies. (March 3, 1879, c. 180, § 4, 20 Stat. 358.) See § 7482a. - § 74.97. Refusal to provide cars—In case any railroad-company now furnishing railway post-office Cars shall refuse to provide such cars, such company shall not be entitled to any increase of compensation under the provisions of the next section. (R. S. § 4003.) - See § 7482a. (R. S. § 4004. Superseded.) This section fixed the rates of additional pay allowed for postal cars. It was Superseded by a provision fixing different rates for the same service of Act March 2, 1907, c. 2513 (§ 7498). - - § 7498. Rates of additional pay for cars— That after July first, nineteen hundred and seven, additional pay allowed for every line COImprising a daily trip each way of railway post-office cars shall be at a rate not exceeding twenty-five dollars per mile per annum for cars forty feet in length, and twenty- seven dollars and fifty cents per mile per annum for forty-five-foot cars, and thirty-two dollars and fifty cents per mile per annum for fifty-foot Cars, and forty dollars per mile per annum for cars fifty-five feet or more in length. (March 2, 1907, c. 2513, 34 Stat. 1212.) See § 7482a. § 7499. Failing to furnish cars—Hereafter When any railroad company fail or refuse to provide railway post-Office cars when required by the Post- Office Department, or shall fail or refuse to provide suitable safety-heaters and safety-lamps therefor, with such number of saws and axes to each car for use in Case of accident as may be required by the Post-Office Department, said company shall have its pay reduced ten per Centum On the rates fixed in Sec- tion four thousand and two of the Revised Statutes, as amended by act of July twelfth, eighteen hundred and seventy-six, entitled “An act making appropria- tions for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hun- dred and Seventy-seven, and for other purposes,” and as further amended by the act of June Seventeenth, eighteen hundred and seventy-eight, entitled “An act making appropriations for the service of the Post-Of- fice Department for the fiscal year ending June thir- tieth, eighteen hundred and seventy-nine, and for other purposes.” (March 1, 1881, c. 96, § 1, 21 Stat. 375.) - See §§ 7482a, 7484-7486. - § 7500. Failure to carry on fastest trains- If any railroad company shall fail or refuse to trans- port the mails, when required by the Post Office De- partment, upon the fastest train or trains run upon said road, said company shall have its pay reduced fifty per centum of the amount provided by law. (July 5, 1884, c. 234, § 1, 23 Stat. 156.) See § 7482a. $ 750i. Regular schedules as to time of ar- rival and departure—The Postmaster-General shall require all railroads carrying the mails to maintain their regular train schedules as to time of arrival and departure of said mails, and it shall be his duty to impose and collect reasonable fines for delay when such delay is not caused by unavoidable accidentS Or conditions. (March 2, 1907, c. 2513, 34 Stat. 1212.) § 7502. [Repealed.] - This section, which was a provision of Act Aug. 24. 1912, c. 389, § 1, 37 Stat. 547, read as follows: “From and after the passage of this Act the Post Office Department shall not extend or enlarge its present policy of sending second-class matter by freight trains.” It was repealed by a provision of Act July 28, 1916, c. 261, § 2 (§ 7502a). § 7502a. Sending second class matter by freight; discriminations; appeals; precedence of proceedings in Court of Appeals-So much Of section one of the “Act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes,” approved Au- gust twenty-fourth, nineteen hundred and tWelve, which provides that the Post Office Department shall not extend or enlarge its present policy of Sending second-class matter by freight trains, is hereby re- pealed, but no publication shall be sent by freight if such method of transportation results in unfair dis- crimination: Provided, That whenever the owner of any publication required by an order of the Post Of- fice Department to be transmitted by freight believes that he is unfairly discriminated against, he may apply to the Post Office Department for an opportuni- ty to be heard ; that upon such application being du- ly filed in writing, the owner of such publication shall have opportunity for a full and fair hearing before Said department, and pending final determination no change shall be made in the method of transportation of such publication as ordered by the department. The testimony in any such hearing or proceedings shall be reduced to writing and filed in the Post Of- fice Department prior to entering an order upon such hearing. That upon such hearing if the Post Office Department decides adversely to the contention of the publisher, such publisher shrall have the right, within the period of twenty days after the date of the Order of the Post Office Department made upon such hear- ing, to appeal to the United States court of appeals of the District of Columbia, for a review of such or- der by Said Court of appeals, by filing in the Court a written petition praying that the order of the Post Office Department be set aside. A copy of such pe- tition shall be forthwith served upon the Post Office Department and thereupon the said department forth- . with shall certify and file in the court a transcript of the record and testimony. Upon the filing of such transcript the court shall have jurisdiction to affirm, Set aside Or modify the Order Of the department. The jurisdiction of the court of appeals of the Dis- trict of Columbia to affirm, set aside or modify such Orders of the Post Office Department shall be ex- Clusive. - - Such proceedings in the Court of appeals of the Dis- trict of Columbia shall be given precedence Over Oth- er Cases pending therein and shall be in every way expedited. (July 28, 1916, c. 261, § 2, 39 Stat. 424.) - (R. S. § 4005. Superseded.) This section provided that the length of cars for the post-office railway-car service should be determined by the Post-Office Department, and required that all such Ch. 10) § 7510(2) THE POSTAL SERVICE [Page 11831 cars should be properly fitted up, furnished, warmed, and lighted for the accommodation of the mail clerks. It was superseded by Act March 3, 1879, c. 180, § 4 (§ 7496). § 7503. Post-office cars; material, construc- tion, and equipment—After the first Of July, nine- teen hundred and eleven, no pay shall be allowed for the use of any wooden full railway post-Office car un- less constructed substantially in accordance with the most approved plans and specifications of the Post Office Department for such type of cars, nor for any wooden full railway post-office car run in any train between adjoining steel cars or between the engine and a steel car adjoining, and that hereafter addi- tional cars accepted for this Service shall be of steel, Or with steel underframe, if used in a train in which a majority of the cars are of like construction: Pro- vided further, That after the first of July, nineteen hundred and sixteen, the Postmaster General shall not approve or allow to be used or pay for any full railway post-Office car not constructed Of Steel or With steel underframe, if such post-office car is used in a train in which a majority of the cars are of steel or of steel underframe construction. (March 4, 1911, c. 241, § 1, 36 Stat. 1335.) - See § 7482a. - § 7504. Same; steel cars required—After the first of July, nineteen hundred and seventeen, the Postmaster General shall not approve or allow to be used or pay for any full railway post-Office car not COnstructed of steel or steel underframe or equally indestructible material, and not less than twenty-five per centum of the railway post-office cars of a rail- road Company not conforming to the provisions of this Act shall be replaced with Cars constructed of Steel annually after June, nineteen hundred and thir- teen ; and all cars accepted for this Service and con- tracted for by the railroad companies after the pass- age of this Act shall be constructed of steel. (Aug. 24, 1912, c. 389, § 1, 37 Stat. 547.) See § 7482a. . § 7504a. Terminal post offices; leases—The Postmaster General may hereafter make leases for terminal railway post offices for terms not exceeding ten years. (March 9, 1914, c. 33, 38 Stat. 301.) Current appropriation for terminals, see Act. March 3, 1917, c. 162, § 1, 39 Stat. 1065. . - $ 7505. Special transfer between St. Louis and East St. Louis—That the Postmaster-General is hereby authorized, in his discretion, to pay from ap- propriations for transportation by railroad routes for the special transfer and terminal service between the TJnion Station at East Saint Louis, Illinois, and the Union Station at Saint Louis, Missouri; including the use, lighting, and heating of mail building and the transfer service at Saint Louis, at the rate of not , exceeding fifty thousand dollars per annum, begin- ning on the first day of July, eighteen hundred and ninety-nine. (March 1, 1899, c. 327, § 3, 30 Stat. 965.) § 7506. Mail messengers—That the Postmaster- General be, and he is hereby, authorized to employ such mail-messenger Service as may be necessary for the Carriage Of the mails in COnnection with railroad and steamboat service, transfer service between de- pots, over bridges or ferries, between post-Offices, Post- offices and branch offices or stations, in cases where by the laws and regulations of the Post-Office Depart- ment, railroad companies, steamboat companies, and the masters of vessels are not required to deliver into and take from the post-Offices the mails carried on their lines or vessels. (March 3, 1887, c. 346, 24 Stat. 492.) * - $ 7506a. Same; contracts—In the discretion of the Postmaster General, postmasters, assistant post- masters, and the Clerks at post Offices of the third and fourth Classes may enter into Contracts for the performance of mail messenger services, and allow- ances may be made therefor from this appropriation: Provided further, That the total amount payable un- der Such contract to any postmaster, assistant post- master, or clerk shall not exceed $300 in any one year. (July 28, 1916, c. 261, § 1, 39 Stat. 418.) $ 7507. Additional division superintendents— That the Postmaster-General be, and is hereby, au- thorized to appoint and assign to duty two division Superintendents of Railway Mail Service, in addition to those heretofore authorized, who shall each be paid a Salary of two thousand five hundred dollars a year. (Feb. 29, 1888, c. 18, 25 Stat. 43.) See § 7548. Current appropriation for officers in rail- Way mail service, including division superintendents, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1064, and Act March 3, 1917, c. 163, § 1, 39 Stat. 1109. $ 7508. Assistant superintendents; traveling expenses—Assistant superintendents may receive a per diem allowance in lieu of actual and necessary traveling expenses at the rate of four dollars per day while actually- traveling on business of the De- partment away from their several designated head- Quarters. (March 3, 1901, c. 851, § 1, 31 Stat. 1105.) § 7509. (1) Railway postal clerks; appoint- ment; classification and compensation—After Sep- tember thirtieth, nineteen hundred and twelve, the Postmaster General may appoint railway postal clerks in such manner and of such respective grades and salaries as may be provided for in the annual appro- priation acts for the service of the Post Office De- partment, for the purpose of sorting and distributing the mail in railway post offices, railway post-Office terminals and transfer Offices, and for service in the offices of division superintendents and chief clerks, and as transfer Clerks and such other Services as may pertain to the Railway Mail Service. Such clerks shall be designated as railway postal clerks and shall be divided into the following grades, with cor- responding salaries per annum not exceeding the fol- lowing rates: - Grade One, at not exceeding nine hundred dollars. Grade two, at not exceeding one thousand dollars. Grade three, at not exceeding one thousand one hun- dred dollars. - Grade four, at not exceeding one thousand two hun- dred dollarS. - Grade five, at not exceeding one thousand three hun- dred dollars. r Grade six, at not exceeding one thousand four hun- dred dollars. Grade seven, at not exceeding one thousand five hun- dred dollars. - - Grade eight, at not ‘exceeding one thousand six hundred dollars. Grade nine, at not exceeding one thousand seven hundred dollars. Grade ten, at not exceeding one thousand eight hundred dollars. Chief clerks, at not exceeding two thousand dol- lars. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 555.) Current appropriation for railway postal clerks, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1064. - § 7510. (2) Classification of railway post of- fices, terminal and transfer offices—The Postmas- ter General shall classify and fix the salaries of rail- Way postal clerks, under Such regulations as he may prescribe, in the grades provided by law; and for the purpose of Organization and of establishing maxi- mum grades to which promotions may be made suc- cessively as hereinafter provided, he shall classify railway post offices, terminal railway post offices, and transfer offices with reference to their character and importance in three classes, with salary grades as follows: Class A, nine hundred dollars to One thou- sand two hundred dollars; class B, nine hundred dol- lars to One thousand three hundred dollars; and Class C, nine hundred dollars to One thousand five hundred dollars. He may assign to the Offices of di- vision superintendents and Chief clerks such railway postal Clerks as may be necessary and fix their sal- aries within the grades provided by law without re- gard to the Classification of railway post Offices. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 555.) ź 7511 (3) Crit. 46 THE POSTAL SERVICE § 751 1. (3) Railway postal clerks; promo- tions—After September thirtieth, nineteen hundred and twelve, clerks in Class A shall be promoted Suc- cessively to grade three, clerks in class B shall be pro- moted successively to grade four, and clerks in class C shall be promoted successively to grade five, at the beginning of the quarter following the expira- tion of a year’s satisfactory service in the next lower grade. Promotions above these grades within the maximum grades of the classification may be made in the discretion of the Postmaster General for merito- rious service. No promotion shall be made except upon evidence satisfactory to the Post Office Depart- ment of the efficiency and faithfulness Of the em- ployee during the preceding year. 389, § 7, 37 Stat. 556.) § 7512. (4) Same; transfer-A clerk of any grade of any classification of railway post offices, terminal railway post offices, transfer offices, or in the office of a división superintendent or chief clerk, may be transferred and assigned to any classification of railway post offices, terminal railway post offices, transfer offices, or to an office of a division superin- tendent or chief clerk under such regulations as the Postmaster General may deem proper. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 556.) - § 7513. Same; in charge of crews; grades; promotion—Hereafter clerks assigned as clerks in charge of crews consisting of more than One Clerk shall be clerks of grades five to ten, inclusive, and may be promoted one grade only after three years' satisfactory and faithful service in such capacity. (March 3, 1917, c. 162, § 1, 39 Stat. 1065.) § 7514. (6) Same; failing of promotion—A. clerk who fails of promotion because of unsatisfac- tory service may be promoted at the beginning of the second quarter thereafter Or any subsequent quarter for satisfactory and faithful service during the inter- vening period. 556.) § 7515. (7) Same; in highest grades of their lines; promotions—Clerks in the highest grade in their respective lines or other assignments shall be eligible for promotion to positions of Clerks in Charge in said lines or corresponding positions in Other as- signments, and clerks assigned as assistant chief clerks and clerks in charge of crews consisting of more than one clerk, either assigned to the line, the trans- fer service, or to a terminal railway post office, and clerks in the highest grades in offices of division Su- perintendents in their respective divisions, shall, aft- er two years Of continuous service in such capacity, be eligible for promotion to positions of chief clerks in Said division for Satisfactory, efficient, and faithful service during the preceding two-year period, under such regulations as the Postmaster General shall pre- scribe. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 556.) § 7516. (8) Saime; restoration after reduc- tion in grade—Whenever, a clerk shall have been re- duced in salary for any cause he may be restored to his former grade or advanced to an intermediate grade at the beginning of any quarter following the reduction, for satisfactory and faithful service dur- ing the intervening period. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 556.) . - § 7517. , (9) Same; advancement restricted— In filling positions below that of chief clerk no clerk shall be advanced more than one grade in a period of a year. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 556.) § 7517a. Same; promotion of substitute clerks—Hereafter any substitute railway postal clerk shall, after having performed service equivalent to three hundred and thirteen days, be appointed rail- Way postal clerk of grade One, and in computing such service credit shall be allowed for service performed prior to the approval of this Act. (March 3, 1917, c. 162, § 1, 39 Stat. 1065.) . IPage 1184] (Aug. 24, 1912, c. (Aug. 24, 1912, c. 389, § 7, 37 Stat. . § 7518. (10) same; residence; salary riot re- duced—All clerks appointed to the Railway Mail Service and to perform duty on railway post offices shall reside at some point on the route to which they are assigned; but railway postal clerks appointed prior to February twenty-eighth, eighteen hundred and ninety-five, and now performing such duty shall not be required to change their residences, except when transferred to another line: Provided, however, That because of the reclassification herein provided, no Clerk shall receive less salary than before the passage of this Act. All laws and parts of laws in conflict herewith are hereby repealed. (Aug. 24, 1912, c. 389, § 7, 37 Stat. 556.) § 75.18a. Same; transfer; salaries not re- duced—Hereafter when railway postal clerks are transferred from one assignment to another because Of changes in the service their salaries shall not be reduced by reason of such change. (March 3, 1917, c. 162, § 1, 39 Stat. 1065.) § 7519. Same; on duty over ten hours; trav- el allowances—Hereafter, in addition to the Salaries by law provided, the Postmaster General is hereby au- thorized to make travel allowances in lieu of actual expenses, at fixed rates per annum, not exceeding in the aggregate the sum annually appropriated, to rail- way postal clerks, acting railway postal clerks, and substitute railway postal clerks, including substitute railway postal clerks for railway postal clerks grant- ed leave with pay on account of sickness, assigned to duty in railway post-Office cars, while on duty, after ten hours from the time of beginning their initial run, under such regulations as he may prescribe, and in no case shall such an allowance exceed $1.20 per day. (Aug. 24, 1912, c. 389, § 1, 37 Stat. 548, amended, March 3, 1917, c. 162, § 1, 39 Stat. 1065.) Current appropriation for travel allowances, March 3, 1917, c. 162, § 1, 39 Stat. 1065. § 7520. Same; preference in transfers from service to Department or post-offices—In the aS- signment or transfer of clerks from the railway mail service, however, preference shall be given to the per- SOns honorably discharged from the military or na- Val Service who served in the Civil War and Who are now serving as clerks on the railway mail cars in order that they may be transferred to clerical service in the Department Or in the post-Offices and relieved from service on said Cars as rapidly as practicable, provided they are found to possess the business CapaC- ity necessary for the proper discharge Of the duties of the offices to which they may be transferred. (June 26, 1906, c. 3546, 34 Stat. 474.) § 7521. Same; leave of absence when sick— Railway mail service: * * Provided, That the Postmaster-General may hereafter, in his discretion, under such regulations as he may provide, allow a clerk who is sick leave Of absence with pay, his du- ties to be performed without expense to the G0Vern- ment during the period for which he is granted leave, not exceeding thirty days in any fiscal year. (March 1, 1909, c. 232.) § 7522. Same; annual vacation—The Postmas- ter General may allow railway postal clerks an annual vacation of fifteen days, with pay. (March 3, 1901, c. 851, § 1, 31 Stat. 1105, amended, July 28, 1916, c. 261, § 1, 39 Stat. 420.) § 7523. Same; leave of absence when substitute is provided—Hereafter the Postmaster General may, in his discretion, under Such regulations as he may provide, allow any railway postal clerk leave of ab- sence with pay for a period not exceeding thirty days, with the understanding that his duties will be per- formed without expense to the GOvernment during the period for which leave is granted, he to provide a Substitute at his own expense. (March 4, 1913, c. 143, 37 Stat. 798, amended, July 28, 1916, c. 261, § 1, 39 Stat. 420.) See Act Ch. 11) 3 7532 TEIE POSTAL SERVICE § 7523a. Same; full time to clerks deadhead- ing under orders—Railway postal clerks shall be credited with full time when deadheading under Or- ders of the department. (March 3, 1917, c. 162, § 1, 39 Stat. 1065.) Chapter Eleven—Foreign Mail Service Sec. - 7524. Foreign mail-transportation contracts. ... • 7525. Same; for carrying mails between the United States and foreign countries. 7526. How mail transported. 7527. Pay for transporting. 7528. Fine of contractors for delay. "7529. Discontinuing transportation contracts. 7530. Ocean mail service on American vessels; contracts. 7531. Same; advertisements for proposals. 7532. Same; ownership of vessels; classification. 7533. Same; construction of vessels; specifications; inspec- tion. - - 7534. Same; rates of compensation; deductions and fines. 7585. Same; transportation of messengers. - 7536. Same; service of naval officers on mail vessels; Com- pensation; duties. 7537. Same; cadets or apprentices on vessels. 7538. Same; payment for vessels taken as transports. 7539. Clerks on vessels; transfer of foreign mails at New York and San Francisco. 7539a. Contracts for service on American vessels; rate. 7540. Sea-post clerks; disability allowance; compensation for death. - 7541. Transportation of Canadian mail through the United States. - 7542. Payment of postage by consuls. - 7543. Postage on letters carried in foreign vessel. 7544. Resident agents on Isthmus of Panama, etc. 7545. Agents on mail-steamers to foreign portS. 7546. Postal agencies in China, and Japan. § 7524. Foreign mail-transportation contracts —The Postmaster-General, after advertising for pro- posals, may enter into contracts or make Suitable ar- rangements for transporting the mail through any foreign country, between any two points in the United States, and such transportation shall be by the speediest, safest, and most economical route; and all Contracts therefor may be revoked whenever any new road or Canal shall be opened affording a speedier, more economical, and equally safe transportation be- tween the same points; but in Case Of the revoca- tion of any such contract, a fair indemnity shall be awarded to the contractor. (R. S. § 4006.) See § 7454. § 7525. Same; for carrying mails between the United States and foreign countries—The Post- master-General may, after advertising for proposals, enter into COntract for the transportation of the mail between the United States and any foreign country whenever the public interests will hereby be promoted. (R. S. § 4007.) - § 7526. How mail transported—The mail be- tween the United States and any foreign port, or be- tween ports of the United States touching at a for- eign port, shall be transported in steamships ; but the Postmaster-General may have such transportation performed by sailing-vessels when the service can be facilitated thereby. (R. S. § 4008.) § 7527. Pay for transporting—For transport- ing the mail between the United States and any for- eign port, or between ports Of the United States touch- ing at a foreign port, the POStrmaster-General may al- low as compensation, if by a United States steamship, any sum not exceeding the sea and United States inland postage; and if by a foreign steamship or by a sailing-Vessel, any sum not exceeding the sea-post- age, on the mail so transported. (R. S. § 4009.) § 7528. Fine of contractors for delay—The Postmaster-General may impose fines on contractors for transporting the mail between the United States and any foreign country, for any unreasonable or un- necessary delay in the departure of such mail, or the performance of the trip ; but the fine for any one de- fault shall not exceed one-half the contract price for the trip. (R. S. § 4010.) COMP.ST.’18—75 [Page 11851 § 7529. Discontinuing transportation con- tracts—Every contract for transporting the mail be- tween the United States and any foreign Country shall COntain, besides the usual stipulation for the right Of the Postmaster-General to discontinue the same, the further stipulation that it may be terminated by Con- gress. (R. S. § 4011.) § 7530. Ocean mail service on American ves- sels; contracts—The Postmaster-General is hereby authorized and empowered to enter into Contracts for a term not less than five nor more than ten years in duration, with American citizens, for the carrying of mails On American steamships, between ports Of the United States and such ports in foreign Countries, the Dominion of Canada excepted, as in his judgment will best subserve and promote the postal and com- mercial interests of the United States, the mail Serv- ice On Such lines to be equitably distributed among the Atlantic, Mexican Gulf and Pacific ports. Said COntracts shall be made with the lowest responsible bidder for the performance of Said service On each route, and the POStimaster-General shall have the right to reject all bids not in his Opinion reasonable for the attaining of the purposes named. (March 3, 1891, c. 519, § 1, 26 Stat. 830.) - § 7531. Same; advertisements for proposals— Before making any contract for carrying ocean mails in accordance with this act the Postmaster General shall give public notice by advertising once a week, for three months, in such daily papers as he shall Select in each of the cities of Boston, New York, Phil- adelphia, Baltimore, New Orleans, Saint Louis, Charleston, Norfolk, Savannah, Galveston, and Mo- bile, and when the proposed service is to be on the Pacific Ocean, then in San Francisco, Tacoma, and Portland. Such notice shall describe the route, the time when Such contract will be made, the duration of the same, the size of the steamers to be used, the number of trips a year, the times of sailing, and the time When the service shall commence, which shall not be more than three years after the contract shall be let. The details of the mode of advertising and letting Such contracts shall be conducted in the man. ner prescribed in chapter eight of title forty-six of the Revised Statutes for the letting of inland mail Contracts So far as the same shall be applicable to the ocean mail service. (March 3, 1891, c. 519, § 2, 26 Stat. 831.) - - $ 7.532. Same; ownership of vessels; classifica- tion–The vessels employed in the mail Service un- der the Drovisions of this act shall be American built Steam-Ships, owned and officered by American citi. Zens, in Conformity with the existing laws, or so own. ed and Officered and registered according to law, and upon each departure from the United States the fol- 1OWing proportion of the crew shall be citizens of the United States, to wit: During the first two years Of Such contract for Carrying the mails, one-fourth thereof; during the next three succeeding years, one- third thereof; and during the remaining time of the continuance of such contract at least one-half thereof; and shall be COInstructed after the latest and most approved types, with all the modern improvements and appliances for Ocean steamers. They shall be di- Vided into four Classes. The first class shall be iron Or steel screw steamships, capable of maintaining a Speed of twenty knots an hour at sea in ordinary weather, and of a grOSS registered tonnage of not less than eight thousand tons. No vessel except of said first class shall be accepted for said mail Serv- ice under the provisions Of this act between the Unit. ed States and Great Britain. The second class shal) be iron or steel steamships, capable of maintaining a speed of sixteen knots an hour at sea in ordinary weather, and Of a groSS registered tonnage of not less than five thousand tons. The third class shall be iron Or Steel Steamships, capable of maintaining a ź 7532 (Tit. 46 THE POSTAL SERVICE Speed Of fourteen knots an hour at sea in Ordinary Weather, and of a gross registered tonnage of not less than two thousand five hundred tons. The fourth Class shall be iron or steel or wooden steam-ships, cap- able of maintaining a speed of twelve knots an hour at Sea in Ordinary weather, and of a gross registered ton- nage of not less than fifteen hundred tons. It shall be stipulated in the contract or contracts to be en- tered into for the said mail service that said vessels Inay Carry passengers with their baggage in addition to Said mails and may do all ordinary business done by Steam-ships. (March 3, 1891, c. 519, § 3, 26 Stat. 831.) See. § 7709. - § 7533. Same; construction of vessels; speci- fications; inspection—All steam-ships of the first, second, and third classes employed as above and hereafter built shall be constructed with particular reference to prompt and economical Conversion into auxiliary naval cruisers, and according to plans and Specifications to be agreed upon by and between the Owners and the Secretary of the Navy, and they shall be of sufficient strength and stability to carry and Sustain the working and Operation of at least four effective rifled Cannon of a Caliber of not less than six inches, and shall be of the highest rating known to maritime Commerce. And all vessels of Said three Classes heretofore built and so employed shall, before they are accepted for the mail service herein provid- ed for, be thoroughly inspected by a competent naval officer or constructor detailed for that service by the Secretary of the Navy; and such officer shall report, in writing, to the Secretary of the Navy, who shall transmit said report to the Postmaster-General; and In O Such vessel not approved by the Secretary of the Navy as suitable for the service required shall be employed by the Postmaster-General as provided for in this act. (March 3, 1891, c. 519, § 4, 26 Stat. 831.) § 7534. Same; rates of compensation; de- ductions, and fines—The rate of compensation to be paid for such ocean mail service of the said first- Class Ships Shall not eXCeed the Sum Of four dollars a mile, and for the second-class ships two dollars a mile, by the shortest practicable route, for each out- Ward Voyage ; for the third-class ships shall not ex- ceed one dollar a mile. And for the fourth-class ships tWO thirds Of One dollar a mile for the actual num- ber of miles required by the Post Office Department to be traveled on each outward bound voyage: Pro- vided, That in the case of failure from any cause to perform the regular voyages stipulated for in said COntracts Or any of them, a pro rata deduction shall be made from the compensation on account of such Onlitted Voyage or voyages; and that suitable fines and penalties may be imposed for delgys or irregu- larities in the due performance of service according to the COntract, to be determined by the Postmaster- General: Provided further, That no steam-ship so employed and so paid for carrying the United States mails shall receive any other bounty or subsidy from the Treasury of the United States. (March 3, 1891, c. 519, § 5, 26 Stat. 832.) - § 7535. Saxme; transportation of messengers —Upon each Of Said vessels the United States shall be entitled to have transported, free of charge, a mail- messenger, whose duty it shall be to receive, sort, take in charge and deliver the mails to and from the United States, and who shall be provided with suita- ble room for the accommodation. Of himself and the mails. (March 3, 1891, c. 519, § 6, 26 Stat. 832.) § 7536. Same; service of naval officers on vessels; compensation; duties—Officers of the United States Navy may volunteer for service On said mail vessels, and when accepted by the contrac- tor or contractors may be assigned to such duty by the Secretary of the Navy whenever in his Opinion Such assignment can be made without detriment to the Service, and while in said employment they shall receive furlough pay from the Government, and such [Page 11861 - Cisco Bay to the piers. Other compensation from the contractor or contractors aS may be agreed upon by the parties: Provided, That they shall Only be required to perform such 'duties aS appertain to the merchant Service. (March 3, 1891, c. 519, § 7, 26 Stat. 832.) - § 7537. Same; cadets or apprentices on ves- sels–Said vessels shall take, as cadets or apprentices, One American-born boy linder twenty-one years of age for each one thousand tons gross register, and one for each majority fraction thereof, who shall be educated in the duties. Of Seamanship, rank as petty Officers, and receive such pay for their services as may be rea- sonable. (March 3, 1891, c. 519, § 8, 26 Stat. 832.) § 7538. Same; payment for vessels taken as . transports—Such steamers may be taken and used by the United States as transports or cruisers, upon payment to the owners of the fair actual Value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value Of the Same at the time of the taking, and if there shall be a dis- agreement as to the fair actual between the United States and the Owners, then the same shall be deter- mined by two impartial appraisers, one to be appoint- ed by each of said parties, they at the same time Se- lecting a third, who shall act in said appraisement in case the two shall fail to agree. (March 3, 1891, c. 519, § 9, 26 Stat. 832.) - § 7539. Clerks on vessels; transfer of foreign mails at New York and San Francisco—Hereafter the Postmaster-General shall be authorized to expend such sums as may be necessary, not exceeding one hundred and five thousand dollars, to COver One-half of the cost of transportation, compensation, and ex- pense of Clerks to be employed in assorting and pouch- ing mails in transit On Steamships between the United States and other postal administrations in the Inter- national Postal Union, and not exceeding forty thou- sand dollars for transferring the foreign mail from incoming steamships in New York Bay to the steam- ship and railway piers, and for transferring the for- eign mail from incoming steamships in San Fran- (March 2, 1907, c. 2513, 34 Stat. 1214.) Current appropriation for clerks on Ocean mail vessels, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1066. § 7539a. Contracts for service on Azmerican vessels; rate—Hereafter the Postmaster General is hereby authorized and empowered to enter into con- tracts with American citizens for the carrying of the mail between the United States and Great Britain. On steamships built in the United States capable of main- taining a Speed of thirty knots an hour at Sea in Or- dinary weather and of a gross registered tonnage of not less than thirty-five thousand tons, the said serv- ice to commence not more than four years after the Contract shall be let. The rate of Compensation to be paid for the said Ocean mail Service shall not exceed the sum of $8 per mile by the shortest practicable route for each Outward voyage. The Postmaster General shall have the right to reject all bids not in his opinion reasonable for the attaining of the pur- poses named: Provided further, That all of the provi- Sions of the Act of March third, eighteen hundred and ninety-one, entitled “An Act to provide for Ocean mail Service between the United States and foreign ports, and to promote commerce,” so far as they are not in- consistent here with Shall COIntrol and apply to the Imethods to be used and contracts to be made herelln- der. (March 3, 1917, c. 162, § 1, 39 Stat. 1066.) § 7540. Sea-post clerks; disability allowance; compensation for death—For transportation of for- eign mails, * * : Provided, That the Postmaster General shall be authorized to expend Such Sums a S may be necessary, not Cxceeding $112,800, to cover the COSt to the United States Of maintaining Sea-post Serv- ice on steamships conveying the mails, and not - ex- ceeding $88,100 for transferring the foreign mail from incoming steamships in New York Bay to the steam- ship and railway piers, for transferring the foreign Ch. 12) # 7548 THE POSTAL SERVICE [Page 1187] mail from incoming steamships in San Francisco Bay to the piers and for transferring the foreign mail from incoming steamships at Honolulu from quarantine to the piers; also for transferring the mail from Steam- ships performing service under contract for transport- ing United States mail: Provided, That hereafter acting clerks may be employed in place of Clerks Or substitutes injured while on duty who shall be granted leave of absence with full pay during the period of disability, but not exceeding one year, then at the rate of fifty per centum of the clerk’s annual salary for the period of disability exceeding One year but not exceeding twelve months additional, and that the POst- master General may pay the sum of $2,000, Which Shall be exempt from payment of debts Of the de- Ceased, to the legal representative of any Sea-post clerk or substitute sea-post clerk who shall be killed While on duty, or who, being injured While on duty, shall die within One year thereafter as the result Of such injury. (March 4, 1913, c. 143, 37 Stat. 799.) § 7541. Transportation of Canadian mail through the United States—The Postmaster-Gen- eral may, by and with the advice and Consent of the President, make any arrangements which may be deemed just and expedient for allowing the mails Of Canada, or any other country adjoining the United States, to be transported over the territory of the United States from one point in such country to any Other point in the same, at the expense Of the Country to which the mail belongs, upon obtaining a like priv- ilege for the transportation of the United States mail through the COuntry to which the privilege is granted; but such privilege may at any time be annulled by the President Or COIngreSS from and after One month SuG- Ceeding the day on which notice of the act Of the President or Congress is given to the chief executive Or head of the post-Office department. Of the country whose privilege is to be annulled. (R. S. § 4012.) See § 587. - (R. S. § 4013. Repealed.) This section provided that foreign mail being transported across the United States should be deemed United States. mail so far as the prosecution and punishment for offens- . es against the mail Were concerned. It was incorporated into the Criminal Code in section 229 thereof (§ 10399), and was repealed by section 341 thereof (§ 10515). § 7542. Payment of postage by eonsuls—The Postmaster-General Or the Secretary of State is here- by authorized to empower the consuls of the United States to pay the foreign postage on such letters des- tined for the United States as may be detained at the ports of foreign countries for the non-payment Of postage, which postage shall be by the consul marked as paid by him, and the amount thereof shall be col- lected in the United States as other postage, on the de- livery of the letters, and repaid to said consul, or Credited. On his account at the State Department. (R. S. § 4014.) § 7543. Postage on letters carried in foreign vessel—The Postmaster-General, under the direction Of the President Of the Unitéd States, is hereby all- thorized and empowered to charge upon, and Collect from, all letters and other mailable matter Carried to or from any port of the United States, in any for- eign packetship or other vessel, the same rate or rates of charge for American postage which the govern- ment to which Such foreign packet Or Other vessel belongs imposes upon letters and other mailable matter conveyed to or from such foreign country in American packets or other vessels as the postage Of such government, and at any time to revoke the Same; and all custom-house officers änd other United States agents designated or appointed for that purpose Shall enforce or carry into effect the foregoing provision, and aid or assist in the collection of such postage, and to that end it shall be lawful for Such Officers and agents, on suspicion of fraud, to Open and examine, in the presence of two or more respectable persons, be- ing citizens of the United States, any package or packages supposed to contain mailable matter found tWO thousand dollars a year. 7547. 7548. On board Such packets or other vessels or elsewhere, and to prevent, if necessary, such packets or other ves- Sels from entering, breaking bulk, or making clearance until Such letters or other mailable matter are duly delivered into the United States post-office. (R. S. § 4015.) See § 7469. (R. S. § 4016. Repealed.) This section provided that letters and other mailable matter carried on foreign vessels to or from any part of the United States, except letters relating to the vessel or cargo, Should be subject to postage-charge, required such Imatter to be delivered to or taken from the United States . post-office, and made violations of its provisions punish- able. It was incorporated into the Criminal Code in sec- tion 203 thereof (§ 10373), and was repealed by section 341 thereof (§ 10515). § 7544. Resident agents on Isthmus of Pana- Ima, etc.—The Postmaster-General may establish res- ident mail-agencies at the ports of Panama and Aspin- Wall, in New Granada; Havana, in Cuba; at Saint Thomas, and at such other foreign ports at which United States mail-steamers touch to land and receive mails, as may, in his judgment, promote the efficiency Of the foreign mail-service; and may pay the agents employed by him at such ports, out of the appropria- tion for transportation of the mail, a reasonable com- pensation for their services, and the necessary expens- eS for Office-rent, clerk-hire, office-furniture, and oth- er incidentals, to be allowed him at each of such agencies. (R. S. § 4021.) § 7545. Agents on mail-steamers to foreign ports-The Postmaster-General may appoint an agent in Charge of the mail on board of each of the mail- Steamers on the routes between San Francisco, Japan, and China ; between San Francisco and Honolulu, in the Hawaiian Islands, and between New York and Rio Janeiro, who shall be allowed, out of the appro- priation for transportation of the mail, a salary of (R. S. § 4022.) $ 7.546. Postal agencies in China and Japan— The Postmaster-General may establish, in connection With the mail-steamship service to Japan and China, a general postal agency at Shanghai, in China, or at Yokohama, in Japan, with such branch agencies at any Other ports in China and Japan as he shall deem Inecessary for the prompt and efficient management of the postal service in those countries; and he may pay the postal agents employed thereat a reasonable com- pensation for their services, in addition to the neces- Sary expenses for rent, furniture, clerk-hire, and inci- dental expenses. (R. S. § 4023.) "Chapter Twelve—Post-Office Inspectors Salary and allowances. Per diem allowance; assistant superintendents of rail- Way mail service; compensation. 7549. Per diem allowed to officers and employés of Depart- ment only When actually traveling; exception of post- office inspectors. - 7550. When to give bond. 7551. Assistant Postmasters-General as inspectors. 7552. Searches authorized. Sec. Employment; § 7547. Eighployment; salary and allowances— The Postmaster-General may employ two post-office inspectors for the Pacific Coast, and Such number of Other post-Office inspectoi's as the good Of the service and the safety of the mail may require. Such post- Office inspectors shall be entitled to a salary at the rate Of not more than One thousand six hundred dol- lars a year each, and shall each be allowed for travel- ing and incidental eXpenses, While actually employ- ed in the service, a sum not exceeding five dollars a day. (R. S. § 4017, amended, June 11, 1880, c. 206, § 1, 21 Stat. 177.) See §§ 576, 7297. Current appropriation for post office inspectors, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1059. § 7548. Per diem allowance; assistant super- intendents of railway mail service; compensa- tion—Hereafter the per diem pay of all [special # 7548 (Tit. 40 THE POSTAL SERVICE IPage 11881 agents] appointed under section forty hundred and seventeen, Revised Statutes, shall only be allowed for their actual and necessary expenses not exceeding five dollars per diem when they are actually engaged in traveling on the business of the department except such, not exceeding ten in number, as are appointed by the Postmaster-General to do duty at Such impor- tant points as he may designate, and nine assistant superintendents of railway mail service, who may be detailed to act as superintendents of division of rail- way mail service, who shall each receive a salary of tWO thousand five hundred dollars, per annum and no more. (June 17, 1878, c. 259, § 1, 20 Stat. 140.) - Text in brackets superseded by § 7547. Current appropri- ation for per diem of inspectors, see Act March 3, 1917, c. 162, § 1, 39 Stat. 1059. § 7549. Per diem allowed to officers and em- ployés of Department only when actually travel- ing; exception of post-office inspectors—On and after July first, nineteen hundred and four, all officers and employees of the Post-Office Department who are entitled to a per diem allowance when traveling, in lieu of actual expenses, shall only be allowed such per diem when actually engaged in traveling on Official business away from their home, their Official domicile, and their headquarters, except in cases of post-Office inspectors while temporarily located at any place On business away from home, or their designated domicile, for a period not exceeding twenty Consecutive days at any One place; and the POStrmaster-General shall designate an Official domicile and headquarters with- in the division or territory to which such Officer Or employee is assigned. (April 28, 1904, c. 1759, § 4, 33 Stat. 440.) § 7550. When to give bond—Whenever a [spe- Cial agent] is required to Collect or disburse any pub- lic money, he shall, before entering upon such duty, give bond in such sum and form, and with such se- Curity, as the Postmaster-General may approve. (R. S. § 4018.) Text in brackets superseded by § 7547. § 7551. Assistant Postmasters-General as in- spectors—The Postmaster-General may employ, when the Service requires it, the Assistant POstmasters- General and superintendents in his Department as [special agents]; and he may allow them therefor not exceeding the amount expended by them as neces- Sary traveling expenses while SO employed. (R. S. $ 4019.) Text in brackets superseded by § 7547. (R. S. §§ 4024, 4025. Superseded.) R. S. § 4024, authorized the employment of as many route agents as were necessary for the prompt and safe transportation of the mail, and fixed their compensation. R. S. § 4025, authorized the appointment of clerks to as- Sort and distribute the mail in railway post-Offices and These sections, as well as Act. fixed their compensation. July 31, 1882, c. 361, which designated both agents and clerks as railway postal clerks, and provided for their classification were superseded by the subsequent provi- Sions relating to the same subject, contained in Act Aug. 24, 1912, c. 389, § 7 (§§ 7509–7518). § 7552. Searches authorized—The POstmaster- General may, by a letter of authorization under his hand, to be filed among the records of his Department, empower any [special, agent] or other officer of the Post-Office Establishment to make searches for mail- able matter transported in violation of law; and the [agent] or officer so authorized may open and search any Car Or Vehicle passing, Or having lately before passed, from any place at which there is a post-Office of the United States to any other such place, or any bOX, package, or packet, being, or having lately before been, in Such car or vehicle, or any store or house, Other than a dwelling-house, used or occupied by any Common carrier or transportation company, in which Such box, package, or packet may be contained, when- ever Such [agent] or officer has reason to believe that mailable matter, transported contrary to law, may therein be found. (R. S. § 4026.) Text in brackets superseded by § 7547. Chapter Thirteen—The Money-order Sec. System 7553. Money-order system established. 7554. Foreign money-order exchanges. 7555. Issuing money-orders. 7556. Who to act in absence of postmaster. Blanks and books in business. 7558. Amount of orders, and fees. 7559. Clerks; compensation; additional clerks at internation- al exchange offices. 7560. Unpaid orders. - 7561. Blank applications for orders. 7562. Forms for orders; coupons forwarded with accounts. 7563. Limited money-order offices. 7564. Regulations; designation of officer to sign warrants. 7565. Indorsement of orders. - - 7566. Identification of payee; orders to correct errors; forms for issue of Orders. 7567. Changes and modification of orders. Orders payable at any office. 7568. Repayment of orders; recalled letters of advice. 7569. Replacing lost orders. 7570. Payment; unpaid orders after lapse of seven years. 7571. Same; domestic orders unpaid after three years. 7572. Orders issued January 1, 1912, to June 1, 1912, not to be assorted; statements retained. 7573. Payment of orders issued in favor of lotteries. 7574. Transfer of funds. 7575. Transfer by Warrant to funds. 7576. Report of funds. * 7577. What to be funds. 7578. Duplicates of lost checks. 7579. Postal notes. § 7553. Money-order system established—TO promote public convenience, and to insure greater se- curity in the transfer of money through the mail, the Postmaster-General may establish and maintain, un- der Such rules and regulations as he may deem ex- pedient, a uniform money-order system, at all suitable post-offices, which shall be designated as “money-or- der offices.” (R. S. § 4027.) - See § 7214. § 7554. Foreign money-order exchanges—The Postmaster-General may conclude arrangements With the post departments of foreign governments With which postal conventions have been or may be COn- cluded for the exchange, by means of postal Orders, of small sums of money, not exceeding One hundred dolžars in amount, at such rates of eXchange and COm- pensation to postmasters and under Such rules and regulations as he may deem expedient; and the ex- penses of establishing and conducting Such Systems of exchange may be paid out of the proceeds Of the money-order business. (R. S. § 4028, amended, Jan. 30, 1889, c. 100, § 1, 25 Stat. 654.) § 7555. Issuing money-orders—The postmaster Of every city where branch post-Offices or stations are established and in Operation, Subject to his Supervi- Sion, is authorized, under the direction of the Post- master-General, to issue, Or to Cause to be issued, by any of his assistants or clerks in charge of branch post-offices or stations, postal money-orders, payable at his Own Or at any other money-order Office, Or at any branch post-Office or station of his own, or of any Other money-order office, as the remitters thereof may direct ; and the postmaster and his Sureties shall, in every case, be held accountable upon his Official bond for all moneys received by him or his designated as- sistants or Clerks in charge of stations, from the issue of money-orders, and for all moneys which may come into his or their hands, or be placed in his or their custody by reason of the transaction by them of money-Order business. (R. S. § 4029.) - (R. S. § 4030. Repealed.) - This section made punishable the issuance of a money- order by a postmaster without having previously received the money therefor. It was incorporated into the Crim- inal Code in section 210 thereof (§ 10380), and was repeal- ed by section 341 thereof (§ 105.15). § 7556. Who to act in absence of postmas- ter—In case Of the Sickness Or unavoidable absence from his office of the postmaster of any money-order post-Office, he may, with the approval of the Post- master-General, authorize the Chief Clerk, or SOme Other clerk employed therein, to act in his place, and to discharge all the duties required by law of such Ch. 13) 2 7563 THE POSTAL SERVICE IPage 11891 postmaster; and the official bond given by the prin- cipal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases; and such acting officer shall, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases of the postmaster for whom he shall act. (R. S. § 4031.) • (R. S. § 4032. Superseded.) This section provided that no money-order should be issued for more than $50, and fixed the fees therefor. It was superseded by Act March 3, 1883, c. 123, § 3 ($ 7558). § 7557. Planks and books in business—All blanks, blank-books, and printed or engraved matter supplied to postmasters by the Postmaster-General Or used in his department for the transaction of the mon- ey-order business shall be obtained from the lowest re- sponsible bidders for furnishing printed , and en- graved matter, respectively, under separate adver- tisements calling for proposals to furnish the Same for a period of four years, upon such conditions as the Postmaster-General may prescribe: Provided, That the Public Printer and the Chief of the Bureau of Engraving and Printing of the Treasury Depart- ment shall submit, respectively, estimates of the Cost of furnishing such printed and engraved matter as may be required for use in the money-Order business, and they shall furnish such printed and engraved mat- ter whenever upon their estimates of COst the expen- diture therefor will be less than upon proposals made as above provided for. (March 3, 1883, c. 123, § 2, 22 Stat. 527.) - § 7558. Amount of orders, and fees—A money order shall not be issued for more than One hundred dollars, and that fees for domestic money Orders shall be as follows, to wit: * For orders not exceeding two dollars and fifty cents, three CentS. - For orders exceeding two dollars and fifty cents and not exceeding five dollars, five CentS. For orders exceeding five dollars and not exceeding ten dollars, eight CentS. For orders exceeding ten dollars and not exceeding twenty dollars, ten centS. - For orders exceeding twenty dollars and not ex- ceeding thirty dollars, twelve cents. . For orders exceeding thirty dollars and not exceed- ing forty dollars, fifteen cents. - For orders exceeding forty dollars and not exceed- ing fifty dollars, eighteen cents. for orders exceeding fifty dollars and not exceed- ing sixty dollars, twenty cents. For orders exceeding sixty dollars and not exceed- ing seventy-five dollars, twenty-five cents. For orders exceeding seventy-five dollars and not exceeding one hundred dollars, thirty cents. (March 3, 1883, c. 123, § 8, 22 Stat. 527, amended, Jan. 27, 1894, c. 21, § 2, 28 Stat. 31.) § 7559. Clerks; compensation; additional clerks at international exchange offices-POstmas- ters at money-order post offices of the first and Sec- ond classes may be allowed by the Postmaster-Gener- al to employ such number of clerks in the trans- action of their money-order business, and at Such rates of compensation, respectively, as he may deem expedient. The allowances for clerk hire made to postmasters of the first and second class post-offices by the Postmaster-General, out of the annual appro- priation for clerks. in post-offices, shall, COVer the COst of clerical services of all kinds in Such post-Offices, including the cost of clerical labor in the money-order business. And at all other money-Order post-Offices the compensation for the clerical labor in the money- order business shall be paid out of the fees received for the issue of money orders, and shall be three cents for each domestic Or international money Order issued: Provided, That the Postmaster-General may allow to the postmaster at each international eX- change office such additional amount in each case, Out of the annual appropriation for clerks in post-offices, as he may deem expedient to enable these postmasters to obtain the clerical labor necessary for the per- formance of Such special duties as are imposed upon them by the operations of the money-order system and are not required of other postmasters: And provided further, That the salaries of postmasters, as fixed by law, Shall be deemed and taken to be full COmpen- sation for the responsibility and risk incurred and for the personal services rendered by them as Custodians of the money-order and other funds of the Post-Office Department. (March 3, 1883, c. 123, § 4, 22 Stat. 528, amended, Jan. 27, 1894, c. 21, § 3, 28 Stat. 31.) § 7560. Unpaid orders—The Auditor of the Treas- ury for the Post-Office Department shall, as Soon as practicable after this Act takes effect, transmit to the Postmaster-General a statement of the aggregate amount of domestic money Orders and postal notes which shall have remained unpaid for a period of one year or more from the last day of the month of their issue. It shall be the duty of the postmasters at all money-order offices to render to the Auditor of the Treasury for the Post-Office Department a monthly statement, beginning at the end of the first month of the fiscal year commencing July first, eight- een hundred and ninety-four, of all domestic money orders payable at their respective offices, as evidenced by advice, remaining unpaid for one year from the last day of the month of issue, such statement to be accompanied by the advice and not to include any money orders issued at a date prior to June thirtieth, eighteen hundred and ninety-three, and the amount. of money represented by the Auditor’s statement, and by the monthly statements of the postmasters, as certified to the Postmaster-General by the Auditor shall be turned into the Treasury by the Postmaster- General for account Of the Post-Office Department to be used as current revenues. And thereafter domestic money Orders shall not be paid at the Offices upon which they are drawn, or at the offices of is- sue after one year from the last day of the month of issue of such money Orders ; but such money Orders shall be sent to the POSt-Office Department and Shall be paid by a warrant of the Postmaster-General coun- tersigned by the Auditor of the Treasury for the Post- Office Department out of any money in the Treasury to the credit of the Post-Office Department, to the ex- tent Of the moneys paid in On this account, the pay- mentS SO made to be Charged to an appropriation ac- Count hereby created to be denominated “Unpaid mon- ey orders more than one year old.” (March 3, 1883, c. 123, § 5, 22 Stat. 528, amended, Jan. 27, 1894, c. 21, § 4, 28 Stat. 32.) § 7561. Blank applications for orders—That the Postmaster-General shall supply such money-order Offices, as he may deem expedient, with blank forms of applications for money Orders, in such form as he may direct. (R. S. § 4033, amended, Jan. 27, 1894, c. 21, § 7, 28 Stat. 32.) § 7562. Forms for orders; coupons forward- ed with accounts—The Postmaster-General shall fur- nish money-order Offices with printed or engraved forms for domestic money Orders in Such form as will provide for Coupons that, by the separation from the money orders, Will designate the amounts for which the money orders are drawn, and no money Order shall be valid unless drawn upon such form. And it shall be the duty of postmasters to forward to the Auditor Of the Treasury for the Post-Office De- partment said COUpons With their money-order ac- counts. (R. S. § 4034, amended, Jan. 27, 1894, c. 21, § 9, 28 Stat. 33.) . § 7563. ILimited money-order offices—The Post- master-General may authorize postmasters at post- offices other than those designated as money-order offices to issue money orders in the same form as pro- vided for in the preceding section of this Act, except- ing that such money Orders shall be in such form as to prevent their being drawn for a sum in excess of 3 7564 (Tit. 46 THE POSTAL SERVICE [Page 11901 five dollars; the rates for such money Orders to be the same as those provided for in section tWO Of this Act, and post-offices so authorized shall be desig- nated “limited money-order offices.” (Jan. 27, 1894, c. 21, § 10, 28 Stat. 33.) § 7564. Regulations; designation of officer to sign warrants—The Postmaster-General is hereby in- vested with power to make all needful regulations for the enforcement of this Act, and is hereby author- ized to designate any Officer of the Post-Office Depart- ment above the grade of fourth-class clerk to sign all Warrants authorized by this Act in his stead, and Such warrants when so signed shall be of the same validity as if they had been signed by the Postmaster-General. (Jan. 27, 1894, c. 21, § 12, 28 Stat. 33.) (R. S. § 4035. Repealed.) This section required the postmaster issuing a money order to send a notice thereof without delay to the post- master on whom it was drawn. It was repealed by Act May 23, 1910, c. 254, 36 Stat. 415. (R. S. § 4036. Repealed.) This section provided that no money-order should be valid and payable unless presented to the postmaster On whom it was drawn within One year after its date, but authorized the Postmaster-General, on the application of the remitter or payee of any such order, to issue a new one in lieu thereof. It was repealed by Act Jan. 27, 1894, c. 21, § 5, 28 Stat. 32. § 7565. Indorsement of orders—The payee of a money-order may, by his written indorsement thereon, direct it to be paid to any other person, and the post- master on whom it is drawn shall pay the same to the person thus designated, provided he shall fur- nish such proof as the Postmaster-General may pre- scribe that the indorsement is genuine, and that he is the person empowered to receive payment; but more than one indorsement shall render an Order in- valid and not payable, and the holder, to obtain pay- ment, must apply in writing to the Postmaster-Gen- eral for a new order in lieu thereof, returning the Original Order, and making such proof of the genuine- ness of the indorsements as the Postmaster-General may require. (R. S. § 4037, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) § 7566. Identification of payee; orders to cor- reet errors; forms for issue of orders—On and after April first, eighteen hundred and ninety-nine, postmasters shall not issue any money Order condi- tioned that identification of payee, endorsee, Or at- torney may be waived, nor shall any postmaster pay any money Order issued. On OI: Subsequent to Said date Without requiring identification of the payee, endorsee, Or attorney. Money Orders may be drawn by the Su- perintendent of the Money-Order System. Without the exaction of an additional fee for the purpose Of cor- recting errors made by issuing or paying postmasters; and the Postmaster-General shall prescribe the forms for the issue of money orders. (March 1, 1899, c. 327, § 5, 30 Stat. 966.) $ 7.567. Changes and modification of orders— fter a money-order has been issued, if the purchaser desires to have it modified or changed, the postmas- ter Who issued the Order Shall take it back and is- Sue another in lieu of it, for which a new fee shall be exacted. (R. S. § 4038.) § 7567a. Orders payable at any office—Under Such rules and regulations as the Postmaster General shall prescribe postal money Orders may be issued payable at any money-Order post Office, and On and after the date upon which Such rules and regulations become effective all money orders shall be legally payable at any money-order post office, although drawn On a Specified office; and that all laws or parts of laws in Conflict herewith are hereby repealed. (Feb. 6, 1914, c. 15, 38 Stat. 280.) § 7.568. Repayment of orders; recalled letters of advice—The postmaster issuing a money-order shall repay the amount of it upon the application of the per- son who obtained it, and the return of the Order; but the fee paid for it shall not be returned. That it shall be the duty Of the postmasters to attach to their accounts rendered to the Auditor of the Treasury for the Post-Office Department the letters of advice, or if lost evidence of that fact, recalled from the post- Office to which originally sent for all repayments of domestic money orders provided for in this section and in Section four thousand and thirty-eight of the Revised Statutes of the United States. (R. S. § 4039, amended, Jan. 27, 1894, c. 21, § 6, 28 Stat. 32.) § 7569. Replacing lost orders—Whenever a mon- ey Order has been lost within One year from the last day of the month of issue the Postmaster-General, up- On the application Of the remitter or payee of such order, may cause a duplicate thereof to be issued, with- Out charge, providing the person losing the original Shall furnish a Certificate from the postmaster by Whom it was payable that it has not been, and Will Ilot thereafter be, paid ; and a similar certificate from the postmaster by whom it was issued that it has not been, and will not thereafter be, repaid. When- eVer a money Order, which has not been paid within One year from the last day of the month of issue, has been lost, the Postmaster-General, upon the applica- tion of the remitter or payee of such order, shall issue a warrant for the payment thereof, as provided for in Section four Of this Act, without charge, on the Certificate of the Auditor Of the Treasury for the Post- Office Department, Or upon Such other proof Satisfaç- tory to the POStrmaster-General, that the Order has not been paid. (R. S. § 4040, amended, Jan. 27, 1894, c. 21, § 11, 28 Stat. 33.) - § 7570. Payment; unpaid orders after lapse of seven years—The Postmaster-General upon evi- dence satisfactory to him, and under such special reg- ulations as he shall prescribe, may cause payment to be made in the manner prescribed in Sections four and eleven of the Act approved January tWenty- seventh, eighteen hundred and ninety-four, Of the amount of any money order remaining unpaid after the lapse of seven years from the date of its issue. (July 16, 1894, c. 137, § 4, 28 Stat. 107, amended, March 3, 1897, c. 385, 29 Stat. 648.) § 7571. Saime; domestic orders unpaid after three years—The Postmaster-General, upon evidence satisfactory to him, and under such special regula- tions as he shall prescribe, may cause payment to be made in the manner prescribed in Sections four and eleven Of the Act approved January tWenty-Sev- enth, eighteen hundred and ninety-four, of the amount of any domestic money Order remaining unpaid after the lapse of three years from the date Of its issue. And it shall hereafter be the duty of the Auditor for the Post-Office Department to maintain a Complete and permanent record of all unpaid money Orders issued by postmasters in the United States, or such of its insular possessions as are amenable to the authority of the Postmaster-General for payment Within its own territory, such record to Serve as a basis for adjudicating claims for payment by War- rant of the amounts of said Orders. (May 27, 1908, C. 206, 35 Stat. 416.) § 7572. Orders issued January 1, 1912, to June 1, 1912, not to be assorted; stateixlerats re- tained—Hereafter the Auditor for the Post Office De- partment shall not assort and verify the money Or- ders pertaining to postmasters’ issued listS COVering the period from January first, nineteen hundred and twelve, to June thirtieth, nineteen hundred and twelve: Provided, That the statements for said pe- riod and accompanying money Orders shall be retained as a part of the record of unpaid money Orders required by the Act approved May twenty-seventh, nineteen hundred and eight. (March 4, 1913, C. 149, 37 Stat. 915.) - § 7573. Payment of orders issued in favor of lotteries—The Postmaster-General may, upon eVi- dence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, Or Scheme for the distribution Of money, Or Of any Ch. 13A) ź 7580 THE POSTAL SERVICE IPage 1191] real or personal property by lot, chance, Or drawing of any kind, or that any person or company is Con- ducting any other scheme for obtaining money Or property of any kind through the mails by means of false or fraudulent pretenses, representations, Or promises, forbid the payment by any postmaster to said person or company of any postal money-OrderS drawn to his or its Order, Or in his Or its favor, Or to the agent of any such person or company, whether such agent is acting as an individual Or as a firm, bank, corporation, or association of any kind, and may provide by regulation for the return to the re- mitters of the sums named in Such money-OrderS. But this shall not authorize any perSOn to Open any letter not addressed to himself. The public advertisement by such person or Com- pany so conducting any such lottery, gift enter- prise, scheme, or device, that remittances for the same may be made by means of postal money-Orders to any other person, firm, bank, corporation, Or aS- Sociation named therein shall be held to be prima facie evidence of the existence of Said agency by all the parties named therein; but the Postmaster-Gen- eral shall not be precluded from ascertaining the existence of such agency in any other legal way. (R. S. § 4041, amended Sept. 19, 1890, c. 908, § 3, 26 Stat. 466.) - - § 7574. Transfer of funds—All payments and transfers to and from money-order Offices shall be under the direction of the Postmaster-General. He may transfer money-order funds from One postmaster to another, and from the postal revenue to the money- order funds; and he may transfer money-Order funds to creditors of the Department, to be replaced by equivalent transfers from the postal revenues. (R. S. § 4042.) - § 7575. Transfer by warrant to funds—The Postmaster-General may transfer to the postmaster at any money-Order office, by warrant On the Treas- ury, countersigned by the [Sixth Auditor] and payable out of the postal revenues, such sum as may be re- quired over and above the current revenues at his office to pay the money-orders drawn upon him. (R. S. § 4043.) w - § 7576. Report of fºnds—It shall be the duty of postmasters at post-Offices authorized to issue money orders to render to the Auditor of the Treas- ury for the Post-Office Department monthly, semi- monthly, weekly, semiweekly, or daily accounts Of all money Orders issued and paid, of all fees received for issuing them, Of all transfers and payments made from money-order funds, and of all money received to be used for the payment of money Orders or On account of money-order business. (R. S. § 4044, amended, Jan. 27, 1894, c. 21, § 8, 28 Stat. 32.) § 7577. What to be funds—All money received for the sale of money-orders, including all fees there- on, all money transferred from the postal revenues to the money-order funds, all money transferred or paid from the money-Order funds to the Service Of the Post-Office Department, and all money-Order funds transferred from One postmaster to another, Shall be deemed and taken to be money-Order funds and money in the Treasury of the United States. And it shall be the duty Of the assistant treasurer of the United States to Open, at the request Of the POStimaster-Gen- eral, an account of “money-order funds” deposited by postmasters to the credit of the Postmaster-General, and of drafts against the amount so deposited, drawn by him and countersigned by the [Sixth Auditor]. (R. S. § 4045.) - Text in brackets superseded by § 417. § 7578. Lºuplicates of lost checks—Disbursing officers of the United States shall issue, under regu- lations to be prescribed by the Secretary of the Treas- ury, duplicates of lost checks drawn by them in favor of any postmaster on account of money-order or other public funds received by them from some other post- master. (R. S. § 4046.) (R. S. § 4047. Superseded.) This section provided that postmasters at money-order offices might be allowed, as compensation for issuing and paying money-Orders, not exceeding a third of the fees Collected, and a fourth of one per cent. on the gross amount of orders paid, provided that such compensation, together With the postmaster’s should not exceed $4,000 a year, except in the case of the postmaster at New York §§ o," Was Superseded by Act March 3, 1883, c. 123, § 4 (R. S. § 4048. Repealed.) - This section authorized the Postmaster-General to pay Out of the proceeds of the money-order business the cost of stationery and incidental expenses for the transaction of that business. It was expressly repealed by Act March 3, 1897, c. 385, § 1, 29 Stat. 648. § 7579. Postal notes—The Postmaster General may authorize postmasters at such offices as he shall designate, under Such regulations as he shall pre- scribe, to issue and pay money orders of fixed denomi- nations, not exceeding ten dollars, to be known as postal notes. That postal notes shall be valid for six calendar months from the last day of the month of their is- Sue, but thereafter may be paid under Such regula- tions as the Postmaster General may prescribe. That postal notes shall not be negotiable or trans- ferable through indorsement. - That if a postal note has been Once paid, to whom- soever paid, the United States shall not be liable for any further claim for the amount thereof. (March 4, 1911, c. 241, § 8, 36 Stat. 1340.) - Chapter Thirteen A–Postal Savings Sec. Depositories 7580. Board of trustees; regulations; annual report. 7581. Mail pertaining to business transmitted free; report of trustees. - 7582. Designation of Offices; hours for business. 7583. Opening accounts and making deposits. 7584. Pass books; entries therein. 7585. Deposits; amount; cards and stamps for small amounts. 7586. Interest; limitation of balance. - - annual 7587. Withdrawals; payment from deposits. 7588. Deposit of funds in banks; interest; reserve; security; deposits with treasurer of board of trustees. 7589. Bonds issued to depositors; investment of savings funds in bonds. - 7590. Investment of funds in United States bonds subject to - call for redemption. - - - 7591. Funds kept separate; accountability therefor; applica- tion of laws relating to postal receipts; additional - bonds of post-masters. - - 7592. No jºional COrnpensation to postmasters or other em- p10) eS. - 7593. Duties of postmasters and other officers. 7594. Application of safeguards for protection of public mon- eys and of laws as to offenses against postal service. 7595. Faith of United States pledged to payment of deposits. 7596. Judgment adjudicating right or interest in deposit. 7597. Powers of Postmaster General as to designation of of.- fices, compensation of Superintendents and inspectors, office hours and regulations as to deposits and with- drawals. § 7580. Board of trustees; regulations; aim- nual report—That there be, and is hereby, created a board of trustees for the Control, supervision, and administration. Of the postal Savings depository Of- fices designated and established under the provisions Of this Act, and of the funds received as deposits at such postal savings depository offices by virtue there- of. Said board shall consist of the Postmaster-Gen- eral, the Secretary of the Treasury, and the Attorney- General, severally, acting ex Officio, and Shall have power to make all necessary and proper regulations for the receipt, transmittal, Custody, deposit, invest- ment, and repayment of the funds deposited at postal savings depository offices. The board of trustees shall Submit a report to Congress at the beginning of each regular session showing by States and Territories (for the preceding fiscal year) the number and names of post-offices re- ceiving depositS, the aggregate amount of deposits made therein, the aggregate amount Or withdrawals therefrom, the number of depositors in each, the total amount standing to the Credit of all depositors at the Conclusion of the year, the amount of such de- 3 7580 (Tit. 46 THE POSTAL SERVICE IPage 1192] positS at interest, the amount Of interest received thereon, the amount of interest paid thereon, the almount of deposits Surrendered by depositors for bonds issued by authority of this Act, and the number and amount Of unclaimed deposits. Also the amount invested in government securities by the trustees, the amount of extra expense of the Post-Office Depart- ment and the postal service incident to the operation Of the postal savings depository system, the amount of work done for the savings depository system by the Post-Office Department and postal service in the transportation Of free mail, and all other facts which it may deem pertinent and proper to present. (June 25, 1910, c. 386, § 1, 36 Stat. 814.) Current appropriation for director and other officers of postal Savings system, see Act March 3, 1917, c. 163, § 1, 39 Stat. 1109. § 7581. Mail pertaining to business transmit- ted free; annual report of trustees—Provisions of section three Of the Act Of July fifth, eighteen hun- dred and eighty-four entitled “An Act making ap- propriations, for the service of the Post Office De- partment for the fiscal year ending June thirtieth, eighteen hundred and eighty-five, and for other pur- poses,” are hereby extended and made applicable to all official mail matter pertaining to the business Of the postal savings System ; and hereafter the board of trustees for the control, supervision, and admin- istration of the postal savings depository System shall not be required to show in the annual report pre- scribed by section one of the Act of June twenty- fifth, nineteen hundred and ten, establishing Such System, the amount of work done for that System by the Post Office Department and postal service in the transportation of free mail. (June 25, 1910, C. 386, § 2, 36 Stat. 815, amended, Sept. 23, 1914, c. 308, 38 Stat. 716.) § 7582. Designation of offices; hours for busi- mess—Said board of trustees is hereby authorized and empowered to designate such post-Offices as it may select to be postal savings depository offices, and each and every post-Office so designated by Order of said board is hereby declared to be a postal Savings depository office within the meaning of this Act and to be authorized and required to receive deposits Of funds from the public and to account for and dispose of the same, according to the provisions of this Act and the regulations made in pursuance thereof. Each postal savings depository office shall be kept open for the transaction of business during such hours as the Postmaster-General, with the approval Of the board of trustees, shall direct. (June 25, 1910, c. 386, § 3, 36 Stat. 815.) & - § 7583. Opening accounts and making depos- its—Accounts may be opened and deposits made in any postal savings depository established under this Act by any person of the age of ten years or over, in his or her own name, and by a married Woman in her own name and free from any control Or interference by her husband; but no person shall at the same time have more than one postal Savings account in his or her own right. (June 25, 1910, c. 386, § 4, 36 Stat. 815.) § 7584. Pass books; entries therein—The post- master at a postal savings depository office shall, upon the making of an application to open an account under this Act and the submission of an initial deposit, de- liver to the depositor a pass book free of COst, upon which shall be written the name and signature Or mark of the depositor and such other memoranda as may be necessary for purposes of identification, in which pass book entries of all deposits and Withdraw- als shall be made in both figures and writing : Pro- vided, That the Postmaster-General may, with the ap- proval of the board of trustees, adopt some other de- vice or devices in lieu of a pass book as a means of making and preserving evidence of deposits and with- drawals. (June 25, 1910, c. 386, § 5, 36 Stat. 815.) reserve; § 7585. Deposits; amount; cards and stamps for small amounts—At least one dollar, or a larger amount in multiples thereof, must be deposited before an account is opened with the person depositing the Same, and one dollar, or multiples thereof, may be de- posited after such account has been opened, but the balance to the credit of any person, upon which inter- est is payable, shall not exceed $1,000, exclusive of accumulated interest: Provided, That in order that Smaller amounts may be accumulated for deposit any person may purchase for ten cents from any deposi- tory Office a postal savings card to which may be at- tached Specially prepared adhesive stamps to be known as “postal savings stamps,” and When the Stamps SO attached amount to One dollar, Or a larger sum in multiples thereof, including the ten-cent postal Savings card, the same may be presented as a deposit for Opening an account, and additions may be made to any a CCOunt by means Of Such Card and Stamps in amounts of one dollar, or multiples thereof, and when a Card and stamps thereto attached are accepted as a deposit the postmaster shall immediately cancel the same. It is hereby made the duty of the Postmaster- General to prepare such postal savings cards and pos- tal savings stamps of denominations Of ten Cents, and to keep them on sale at every postal savings depository office, and to prescribe all necessary rules and regula- tions for the issue, sale, and cancellation thereof. (June 25, 1910, c. 386, § 6, 36 Stat. 815, amended, May 18, 1916, c. 126, § 1, 39 Stat. 159.) § 7586. Interest; limitation of balance—Inter- est at the rate of two per centum per annum Shall be allowed and entered to the credit of each depositor once in each year, the same to be computed On Such basis and under such rules and regulations as the board of trustees may prescribe; but interest Shall not. be computed or allowed on fractions of a dollar : Pro- vided, That the board of trustees may, in their dis- cretion, and under such regulations as such board may promulgate, accept additional deposits not to exceed in the aggregate $1,000 for each depositor, but upon which no interest shall be paid. (June 25, 1910, C. 386, § 7, 36 Stat. 816, amended, May 18, 1916, c. 126, § 1, 39 Stat. 159.) § 7587. Withdrawals; payment from deposits —Any depositor may withdraw the whole Or any part Of the funds deposited to his or her Credit, With the accrued interest, upon demand and under Such regu- iations as the board of trustees may prescribe. With- drawals shall be paid from the deposits in the State or Territory, so far as the postal funds on deposit in such State or Territory may be sufficient for the purpose, and, so far as practicable, from the deposits in the community in which the deposit was made. No bank in which postal savings funds shall be deposited shall receive any exchange or other fees Or Compen- sation on account of the cashing or Collection of any checks or the performance of any other service in con- nection with the postal Savings depository System. (June 25, 1910, c. 386, § 8, 36 Stat. 816.) § 7588. Deposit of funds in banks; interest; security; deposits with treasurer of board of trustees—Postal savings funds received under the provisions of this Act shall be deposited in solvent banks, whether organized under National Or State laws, and whether member banks or not Of the Federal reserve system established by the Act ap- proved Deceliber twenty-third, nineteen hundred and thirteen, being subject to National or State Super- vision and examination, and the sums deposited shall bear interest at the rate Of not less than two and One-fourth per centum per annum, which rate shall be uniform throughout the United States and Terri- tories thereof; but five per Centum Of Such funds shall be withdrawn by the board of trustees and kept with the Treasurer of the United States, who shall be treas- urer of the board of trustees, in lawful money as a reserve. The board of trustees shall take from such Ch. 13A) 3 7591 THE POSTAL SERVICE [Page 1193] banks such security in public bonds or other securi- ties, authorized by Act of Congress or supported by the taxing power, as the board may prescribe, approve, and deem sufficient and necessary to insure the Safety and prompt payment of such deposits On demand. The funds received at the postal savings depositary Offices in each city, town, Village, and other locality shall be deposited in banks located therein (Substantially in proportion to the capital and surplus of each Such bank) willing to receive such deposits under the terms | Of this Act and the regulations made by authority thereof: Provided, however, If one or more member banks of the Federal reserve System established by the Act approved December twenty-third, nineteen hundred and thirteen, exists in the city, town, Village, Or locality where the postal savings deposits are made, such deposits shall be placed in such qualified member banks Substantially in proportion to the capital and Surplus Of each Such bank, but if such member banks fail to qualify to receive such deposits, then any Other bank located therein may, as hereinbefore provided, qualify and receive the same. If no such member bank alld no Other qualified bank exists in any city, town, Village, Or locality, or if none where such deposits are made Will receive such deposits On the terms pre- SCI’ibed, then such funds shall be deposited under the terms Of this act in the bank most convenient to such locality. If no such bank in any State or Territory is Willing to receive such deposits on the terms pre- Scribed, then such funds shall be deposited with the treasurer of the board of trustees and shall be count- ed in making up the reserve of five per centum. Such funds may be withdrawn from the treasurer of said board of trustees, and all other postal savings funds, Or any part of Such funds, may be at any time with- drawn from the banks and savings depository offices for the repayment of postal savings depositors when required for that purpose. If at any time the postal savings deposits in any State or Territory shall ex- Ceed the amount which the qualified banks therein are Willing to receive under the terms of this Act, and such excess amount is not required to make up the reserve fund of five per centum hereinbefore provided for, the board of trustees may invest all or any part Of such excess amount in bonds or other securities of the United States. When, in the judgment of the President, the general welfare and interests of the United States so require, the board of trustees may invest all or any part of the postal savings funds, ex- Cept the reserve fund of five per centum herein provid- ed for, in bonds or other securities of the United States. The board of trustees may in its discretion purchase from the holders thereof bonds which have been or may be issued under the provisions Of Section ten Of the Act. Of June twenty-fifth, nineteen hundred and ten. Interest and profit accruing from the deposits or investment of postal savings funds shall be applied to the payment of interest due to postal savings de- positors, as hereinbefore provided, and the excess thereof, if any, shall be covered into the Treasury of the United States as a part of the postal revenue: Provided further, That postal savings funds in the treasury of said board shall be subject to disposition as provided in this Act, and not otherwise: And pro- vided further, That the board of trustees may at any time dispose of bonds held as postal savings invest- ments and use the proceeds to meet withdrawals of deposits by depositors. For the purposes of this Act the Word “Territory” as used herein Shall be held to include the District of Columbia, the District of Alas- ka, and Porto Rico, and the word “bank” shall be held to include Savings banks and trust companies doing a banking business. (May 18, 1916, c. 126, § 2, 39 Stat. 159.) - - See Title 62, chapter 3A. - § 7589. Bonds issued to depositors; invest- ment of savings funds in bonds—Any depositor in a postal Savings depository may surrender his deposit, or any part thereof, in sums of twenty dollars, forty dollars, sixty dollars, eighty dollars, one hundred dol- lars, and multiples of one hundred dollars and five hundred dollars, and receive in lieu of such surrender- ed deposits, under such regulations as may be estab- lished by the board of trustees, the amount of the Surrendered deposits in United States coupon or reg- istered bonds of the denominations of twenty dollars, forty dollars, sixty dollars, eighty dollars, one hun- dred dollars, and five hundred dollars, which bonds shall bear interest at the rate of two and One-half per centum per annum, payable semiannually, and be redeemable at the pleasure of the United States after One year from the date of their issue and payable twenty years from such date, and both principal and interest shall be payable in United States gold coin of the present standard of value: Provided, That the bonds herein authorized shall be issued Only (first) When there are outstanding bonds of the United States Subject to Call, in which case the proceeds of the bonds shall be applied to the redemption at par Of Outstanding bonds of the United States subject to Call, and (Second) at times when under authority of law other than that contained in this Act the Govern- ment desires to issue bonds for the purpose of re- plenishing the Treasury, in which case the issue of bonds under authority Of this Act shall be in lieu of the issue of a like amount of bonds issuable under authority Of law. Other than that Contained in this Act: Provided further, That the bonds authorized by this Act shall be issued by the Secretary of the Treas- ury under such regulations as he may prescribe : And provided further, That the authority COntained in Sec- tion nine of this Act for the investment of postal sav- ings funds in United States bonds shall include the authority to invest in the bonds herein authorized Whenever Such bonds may be lawfully issued : And provided further, That the bonds herein authorized Shall be exempt from all taxes Or duties Of the United States as well as from taxation in any form by or under state, municipal, or local authority: And provided further, That no bonds authorized by this Act shall be receivable by the Treasurer of the United States as security for the issue of circulating notes by na- tional banking associations. (June 25, 1910, c. 386, § 10, 36 Stat. 817.) § 7590. Investment of funds in United States Thonds subject to call for redemption—Whenever the trustees Of the postal savings fund have in their possession funds available for investment in United States bonds they may notify the Secretary of the Treasury of the amount of such funds in their hands which they desire to invest in bonds of the United States Subject to Call, whereupon, if there are United States bonds subject to Call, the Secretary of the Treasury shall Call for redemption an amount Of Such bonds equal to the amount Of the funds in the hands Of the trustees which the trustees desire to thus in- vest, and the bonds so called shall be redeemed at par with accrued interest at the Treasury of the United States on and after three months from the date of Such call, and interest. On the Said bonds shall there- upon cease. Provided, That the said bonds when re- deemed shall be reissued at par to the trustees With- out change in their terms as to rate of interest and date of maturity : And provided further, That the bonds so reissued may, in the discretion of the Secre- tary of the Treasury, be called for redemption from the trustees in like manner as they were originally Call- ed for redemption from their former Owners whenever there are funds in the Treasury Of the United States available for such redemption. (June 25, 1910, c. 386, § 11, 36 Stat. 818.) - § 7591. Funds kept separate; accountability therefor; application of laws relating to postal receipts; additional bonds of postmasters—Postal Savings depository funds shall be kept separate from Other funds by postmasters and other officers and em- ployés of the postal service, who shall be held to the & 7592 (Tit. 46 THE POSTAL SERVICE IPage 1194] same accountability under their bonds for Such funds as for public moneys; and no person connected with the Post-Office Department shall disclose to any person other than the depositor the amount of any deposits, unless directed so to do by the Postmaster- General. All statutes relating to the Safe-keeping Of and proper accounting for postal receipts are made applicable to postal savings funds, and the Postmaster- General may require postmasters, assistant postmas- ters, and clerks at postal saving depositories to give any additional bond he may deem necessary. (June 25, 1910, c. 386, § 12, 36 Stat. 818.) § 7592. No additional compensation to post- imasters or other employés—Postmasters, assistant postmasters, Clerks, Or other employees at post offices ©f the presidential grade, and postmasters at post of fices of the fourth Class, shall not be allowed or paid any additional Compensation for the transaction of postal savings depository business. (June 25, 1910, c. 386, § 13, 36 Stat. 818, amended, Sept. 23, 1914, c. 308, 38 Stat. 716.) § 7593. Duties of postmaasters and other offi- cers—The POStnaster-General is authorized to require postmasters and Other postal Officers and employees to transact, in Connection with their other duties, such postal savings depository business as may be neces- Sary ; and he is also authorized to make, and with the approval Of the board Of trustees to promulgate, and from time to time to modify or revoke, subject to the approval of said board, such rules and regula- tions not in COnflict with law as he may deem neces- sary to carry the provisions of this Act into effect. (June 25, 1910, c. 386, § 14, 36 Stat. 818.) , § 7594. Application of safeguards for pro- teetion of public moneys and of laws as to of- ferases against postal service—All the safeguards provided by law for the protection of public moneys, and all statutes relating to the embezzlement, COn Ver- sion, improper handling, retention, use, or disposal of postal and money-order funds and the punishments provided for such offenses are hereby extended and made applicable to postal savings depository funds, and all statutes relating to false returns Of postal and money-order business, the forgery, Counterfeit- ing, alteration, improper use or handling of postal and money-order blanks, forms, vouchers, a CCOunts, and records, and the dies, plates, and engravings therefor, with the penalties provided in such statutes, are hereby extended and made applicable to postal savings depository business, and the forgery, Counter- feiting, alteration, improper use Or handling of post- al savings depository blanks, forms, vouchers, ac- counts, and records, and the dies, plates, and engrav- ings therefor. (June 25, 1910, c. 386, § 15, 36 Stat. 818.)'. § 7595. Faith of United States pledged to payment of deposits—The faith of the United States is solemnly pledged to the payment of the deposits made in postal savings depository offices, with accrued interest thereon as herein provided. (June 25, 1910, c. 386, § 16, 36 Stat. 819.) § 7596. Judgment adjudicating right or in- terest in deposit—The final judgment, order, Or de- cree of any court of competent jurisdiction adjudicat- ing any right or interest in the credit of any Sums de- posited by any person with a postal savings deposi- tory if the same shall not have been appealed from and the time for appeal has expired shall, upon Sub- mission to the Postmaster-General of a copy of the same, duly authenticated in the manner provided by the laws of the United States for the authentication Of the records and judicial proceedings Of the Courts of any state or Territory or of any possession sub- ject to the jurisdiction of the United States, when the same are proved or admitted within any other Court within the United States, be accepted and pursued by the board of trustees as conclusive of the title, right, interest, or possession so adjudicated, and any pay- ment of said sum in accordance with such order, judg- ment, or decree shall operate as a full and Complete discharge of the United States from the claim Or de mand of any person or persons to the same. (Jun 25, 1910, c. 386, § 17, 36 Stat. 819.) § 7597. Powers of Postmaaster General as to designation of offices, compensation of superim- tendents, and inspectors, office hours, and regula- tions as to deposits and withdrawals—The POSt- master General shall select and designate the post offices which are to be postal savings depository offices, and shall appoint and fix the compensation of Such superintendents, inspectors, and other employees as may be necessary in conducting, supervising, and di- recting the business of such offices, including the em- ployees of a central office at Washington, District of Columbia, and shall prescribe the hours during which postal savings depository offices shall remain Open. He shall also from time to time make rules and regu- lations with respect to the deposits in and withdraw- als of moneys from postal savings depositories and the issue of pass books or such other devices as he may adopt as evidence of such deposits or withdrawals. The provisions of the Act approved June twenty-fifth. nineteen hundred and ten, are hereby modified a C- cordingly. (Aug. 24, 1912, c. 389, § 10, 37 Stat. 559.) Chapter Fourteen—Accounts and Revenues Sec. 7598. Manner of keeping accounts. 7599. Miscellaneous and money-order receipts. 7600. Postal revenue to be accounted for. 7601. Disposal of moneys recovered for loss of registered mat- ter, not restored to owners. 7602. Box-holders may provide lockboxes. 7603. Revenues appropriated for postal service. 7604. Payments, how made; advances. 7605. Transfer of debts to contractors. 7606. Suits to recover wrongful or fraudulent payments. 7607. Delivery of 'stolen money to OWner. 7608. Disposal of fines, penalties, and forfeitures. 7609. Preservaticn of accounts. § 7598. Manner of keeping accounts—The ac- counts of the postal service shall be kept in Such a manner as to exhibit separately the amount of rev- enue derived from the following sources respectively: First. Letter-postage. Second. Book, newspaper, and pamphlet postage. Third. Registered letters. Fourth. Box-rents and branch offices. Fifth. Postage-stamps and envelopes. Sixth. Dead letters. Seventh. Hines and penalties. Eighth. Revenue from money-order business. Ninth. Miscellane OuS. And they shall exhibit separately the amount of ex- penditure made for each of the following objects re- Spectively: First. Transportation of the mail. Second. Compensation of postmasters. Third. Compensation of letter-carriers. Fourth. Compensation of Clerks for post-offices. Fifth. Compensation of blank-agents and assistants. Sixth. Mail depredations and special agents. Seventh. Postage-stamps and envelopes. Eighth. Ship, steamboat, and way letters. Ninth. Dead-letters. Tenth. Mail-bags. Eleventh. Mail locks and keyS. Twelfth. Post-marking and Canceling stamps. Thirteenth. Wrapping-paper. Fourteenth. Twine. Fifteenth. Letter-balanceS. Sixteenth. Office-furniture. Seventeenth. Advertising. Eighteenth. Balances to foreign countries. Nineteenth. Rent, light, and fuel for post-Offices. Twentieth. Stationery. Twenty-first. Miscellaneous. (R. S. § 4049.) | See §§ 6709, 6711, 6712. Ch. 14) 3 7609 THE POSTAL SERVICE [Page iIS5I § 7599. Miscellaneous and money-order re- ceipts—Unclaimed money in dead letters for which no owner can be found; all money taken from the mail by robbery, theft, or otherwise, which may come in- to the hands of any agent or employé of the Uniteſ States, or any other person whatever; all fines and penalties imposed for any violation of the postal laws, except such part as may by law belong to the inform- er Or party prosecuting for the same ; and all money derived from the sale of waste paper or other public property of the Post-Office Department, shall be de- posited in the Treasury, under the direction of the POstmaster-General, as part of the postal revenue. And the Postmaster-General shall cause to be placed to the credit of the Treasurer of the United States, for the service of the Post-Office Department, the net proceeds of the money-order business; and the receipts of the Post-Office Department derived from this source during each quarter shall be entered by the [Sixth Auditor] in the accounts of such Depart- Iment, under the head of “revenue from money-Order business.” (R. S. § 4050.) Text in brackets superseded by § 417. § 7600. Postal revenue to be accounted for- All postages, box-rents, and other receipts at post- offices, shall be accounted for as part of the postal revenues; and each postmaster shall be charged With and held accountable for any part of the same, a CCru- ing at his office, which he has neglected to collect, the same as if he had Collected it. (R. S. § 4051.) See §§ 7352, 7368, 7399. § 7601. Disposal of moneys recovered for loss of registered matter not restored to owners— Hereafter all moneys recovered or Collected. On a C- Count of loss of first-class domestic registered matter Which in the course of adjustment are not restored to the original owners, shall be covered into the Treas- ury of the Unitéd States. (May 27, 1908, c. 206, 35 Stat. 415.) - § 7602. Box-holders may provide lock-boxes— Postmasters may allow box-holders who desire to do So to provide lock-boxes or drawers for their own use, at their own expense, which lock-boxes or drawers, upon their erection in any post-Office, shall become the property Of the United States, and be subject to the direction and control of the Post-Office Department, and shall pay a rental at least equal to that of other boxes in the same Office, Or, if there be no other boxes in Such office, of boxes in other offices of the same Class, which rental shall be accounted for as other bOX-rents. (R. S. § 4052.) (R. S. § 4053. Repealed.) - This section made it punishable for any person employed in the postal Service to neglect to deposit postal revenues received by him in the Treasury or some authorized de- pository, or to pledge or hypothecate stamps or stamped envelopes, or refuse to account for them. It was incor- porated into the Criminal Code in section 225, thereof (§ 10395), and was expressly repealed by section 341 thereof (§ 10515). . - § 7603. Revenues appropriated for postal service—The money required for the postal service in each year shall be appropriated by law out of the rev- enues of the service. (R. S. § 4054.) tions have been made. § 7604. Payments, how made; advances—All payments On account of the postal service shall be made to persons to whom the same shall be certified to be due by the [Sixth Auditor]; but advances of Inecessary Sums to defray expenses may be made by the Postmaster-General to [agents] employed to in- Vestigate mail depredations, examine post routes and offices, and on other like services, to be charged to them by the Auditor, and to be accounted for in the Settlement of their accounts. (R. S. § 4055.) Text in brackets superseded by §§ 417, 7547. - § 7605. Transfer of debts to contractors—The Postmaster-General may transfer debts due to the De- partment from postmasters and others to such con- tractors as have given bonds, with Security, to refund any money that may Come into their hands Over and above the amount found due them on the settlement Of their accounts; but such transfers shall only be in Satisfaction of legal demands for which appropria- (R. S. § 4056.) § 7606. Suits to rešover wrongful or fraudu- lent payments—In all cases where money has been paid Out of the funds of the Post-Office Department under the pretense that service has been performed therefor, when, in fact, such Service has not been per- formed, or as additional allowance for increased serv- ice actually rendered, when the additional allowance exceeds the sum which, according to law, might right- fully have been allowed therefor, and in all other cas- eS where money Of the Department has been paid to any person in Consequence of fraudulent representa- tions, or by the mistake, collusion, or misconduct of any officer or other employé in the postal service, the Postmaster-General shall cause suit to be brought to recover such wrong or fraudulent payment or excess, with interest thereon. (R. S. § 4057.) See § 1596. - - § 7607. Delivery of stolen money to owner– Whenever the Postmaster-General is satisfied that money Or property stolen from the mail, or the pro- ceeds thereof, has been received at the Department, he may, upon satisfactory evidence as to the owner, deliv er the same to him. . ... • (R. S. § 4058.) - § 7608. Disposal of fines, permalities, and for- feitures—All penalties and forfeitures imposed for any violation of law affecting the Post-Office Depart- ment for its revenue or property shall be recoverable, one-half to the use of the person informing and prose- cuting for the same, and the other half to be paid into the Treasury for the use of the Post-Office De- partment, unless a different disposal is expressly pre- Scribed. All fines Collected for violations of such laws shall be paid into the Treasury for the use of the Post-Office Department. (R. S. § 4059.) § 7609. Preservation of accounts—The Post- master-General may dispose of any quarterly returns of mails sent or received, preserving the accounts- Current and all a CCOmpanying Vouchers, and use Such portions Of the proceeds as may be necessary to de- fray the cost of separating and disposing of them : but the acCOunts shall be preserved entire for at least two years. (R. S. § 4060.) TITLE XLVII—FOREIGN RELATIONS 7628e. 7628f. 7628g. 7628h. 7629. 7630. 7631. Violating safe-conduct or assaulting public minister. Process against ministers and their domestics. Same; penalty for suing out or executing. Same; when issued. Public access to list of names of ministers' servants. ALIEN ENEMIES Removal. Time for. Jurisdiction of United States courts. Duties of marshal. TESTIMONY FOR USE IN FOREIGN COUNTRIES Taking. Privilege of Witness. Punishment of witness for contempt. Fees and mileage of Witnesses. PASSPORTS How granted. To whom to be issued. Fee for issuing. Account of fees. Returns of. False passports. Application for; contents; fees. False statements in; use of passport obtained through. Use of passport issued for another or in violation of conditions; furnishing passport for such use. False making or forging. - ENTRY INTO OR EXIT FROM UNITED STATES Departure from or entry into United States during war; aliens. g Same; citizens; passports. f Same; punishment. Same; definitions. DISPUTES BETWEEN SEAMENT Powers of foreign consuls over. Arrest of seamen. Commitment and discharge. POWERS OF MINISTERS AND CONSULS, AND CONSULAR COURTS 7668. 7668a. 7669. Solemnization of marriages. Judicial authority in certain countries. Jurisdiction of crimes. Jurisdiction in civil cases. Jurisdiction; exercise of. Arrest, trial, and sentence of criminals. Powers in uncivilized countries. Decisions of consuls; appeal to minister. Jurisdigtion over certain offenses against foreign gov- ernments. Appellate jurisdiction in certain countries. Evidence in consular courts, how taken. Compromise or reference of civil cases. Settlement of criminal cases. Aid of local authorities. Punishments. Same; for murder, insurrection, or rebellion. Execution of criminals. Punishment of contempts. Decisions of consul sitting alone in criminal cases. Associates in criminal trials. Associates in civil cases. Where jurisdiction exercised. Jurisdiction when appellate or original. Responsibility of officers. Marshals of consular courts. Same; process; execution by. Same; bond. - Same; bond; suits On. Same; bond; production of Original. Same; process against. . Regulations for consular courts. Same; publication. Same; transmission to Secretary of State. Fees for judicial services. Expenses of prisons in foreign countries. Same; China. Allowance for keeping and feeding prisoners. sº provision restricting amount suspended during 19 Provisions of Title extended to Turkey. Jurisdiction of Turkish and Egyptian courts. Turkish law ceding right to hold immovables. Provisions of Title extended to Persia. Provisions of Title extended to Tripoli, Tunis, Morocco, Muscat, and Samoan Islands, and other countries. Judicial duties, devolving on Secretary of State. Provisions of Title extended to other countries. “Minister” and “consul’’ defined. EMEARGO ON EXPORTS War material. Same; punishment. Exports in time of War; proclamation by President. Sec. 7678b. Same; punishments. 7678c. Same; refusal of clearance to vessels; punishment for taking vessels out of port. 7678cc. Saime; application of preceding sections. 7678d. Seizure of arms and other articles intended for export; authority to make; forfeiture. 7678e. Same; application for and issue of warrant. 7678f. Same; petition of owner for restoration; hearing. 7678g. Same; libel and sale of property. 7678h. Same; procedure on petition of owner and libel; bond for redelivery. 7678i. Same; operation of Title. 7678j. Same; release on payment of costs. 7678k. Same; enforcement of Title. DISTURBANCE OF FOREIGN RELATIONS 7678l. Untrue statements to influence conduct of foreign gov- ernment to injury of United States. 7678m. Falsely assuming or pretending to be diplomatic or COnSular Officer. - 7678m. Acting as agent of foreign government without notice to Secretary of State. - 76780. “Foreign government” defined. 7678p. Conspiracy within United States to injure or destroy property of foreign government. CUBAN INDEPENDENCE 7679. Cuban independence. (I) Restrictions on treaties. (II) Restrictions on public debt. (III) Intervention by United States. (IV) Ratification of acts of United States during mil- itary occupancy. (V) Sanitation. (VI) Title to Isle of Pines. J (VII) Coaling or naval stations for United States. (VIII) Treaty with United States. INTERNATIONAL BUREAUS, ETC. 7680. International Union of American Republics. 7681. Bureau of American Republics. 7682. Same; control of. 7683. Disposition of receipts for support of Pan American Union. . 7684. International Bureau of Permanent Court of Arbitra- tion. 7685. International Prison Commission. 7686. President’s participation in international congress. INTERNATIONAL DISPUTES AND DISARMAMENT 7686a. Policy as to settlement of international disputes. 7686b. President to invite conference of governments of world to consider disarmament. 7686c. Expenditures not to be made in case of establishment of international tribunal. TJNITED STATES COURT FOR CHINA 7687. Establishment ; sessions; seal; writs. 7688. Consuls to China to exercise limited jurisdiction; ap- peals to court; administration of estates of decedents. 7689. Appeals from court. 7690. Jurisdiction of court and of consular courts. 7691. Procedure. 7692. Officers; salaries. 7693. Tenure of office of judge and officers. 7694. Bond of marshal and clerk; deputies; compensation. 7695. Fees of Officers. 7696. Judicial authority of consul-general at Shanghai, trans- ferred to vice-consul general. 7696a, Judicial authority formerly vested in consul general at Shanghai, and transferred to Vice-consul general, vested in a vice-consul at Shanghai. PRACTICE OF PHARMACY AND SALE OF POISONS IN & CONSULAR DISTRICTS IN CHINA 7696b. Doing business without a license unlawful; employ- ment of Chinese subjects. e & 7696c. Application for license; requirements; qualifications for license. 7696d. Issue of . license. 7696e. Revocation of license. 7696f. Display of license in pharmacy. 7696g. Sale unlawful, except on original written order or pre- scription of practitioner of medicine. 7696.h. Sale of certain poisons, unlawful, except in manner prescribed. g 7696i. Fraudulent representations to evade or defeat restric- tionS. 7696j. Preservation of originals of prescriptions compounded and copies thereof; inspection of prescriptions by consular officers; marking containers of drugs: 7696k. Use of title of pharmacist by person not legally li- censed. 76967. Violation of provisions of act a misdemeanor; punish- ment; duty to enforce provisions. 7696.m. “Consul” defined. e 7696 n. Act Feb. 23, 1887, c. 210, not modified or revoked. IPage 11961 Tit. 47) FOREIGN RELATIONS & 7615 [Page 11971 Sec. AMERICAN NATIONAL RED CROSS 7697. Reincorporation. . Name of corporation; powers. 7699. Purposes. e 7700. Fraudulent representations or use of insignia. Governing body; meetings. Reports. 7703. Repeal or amendment of act. 7704. Endowment fund. 7705. Aid to land and naval forces in time of War. 7706. Transportation and subsistence. § 7610. Violating safe-conduct or assaulting public minister—Every person who violates any Safe conduct or passport duly obtained and issued under authority of the United States; or who assaults, strikes, wounds, imprisons, Or in any other manner offers violence to the person of a public minister, in violation of the law of nations, shall be imprisoned for not more than three years, and fined, at the discretion of the Court. (R. S. § 4062.) § 7611. Process against ministers and their domestics—Whenever any writ or process is sued Out or prosecuted by any person in any Court of the TJnited States, or of a State, or by any judge Or jus- tice, whereby the person of any public minister of any foreign prince or state, authorized and received as such by the President, or any domestic or domestic servant of any such minister, is arrested Or impris- oned, or his goods or chattels are distrained, Seized, or attached, such writ or process shall be deemed void. (R. S. § 4063.) § 7612. Same; penalty for suing out or ex- ecuting—Whenever any writ or process is sued Out in violation of the preceding section, every perSon by whom the same is obtained or prosecuted, whether as party or as attorney or solicitor, and every officer concerned in executing it, shall be deemed a violator of the laws of nations and a disturber of the public repose, and shall be imprisoned for not more than three years, and fined at the discretion Of the Court. (R. S. § 4064.) § 7613. Same; when issued—The two preceding Sections shall not apply to any Case Where the perSOn against whom the process is issued is a citizen Or in- habitant of the United States, in the Service Of a public minister, and the process is founded upon a debt contracted before he entered upon Such Service; nor shall the preceding section apply to any Case where the person against whom the process is issued is a domestic servant of a public minister, unless the name of the servant has, before the issuing thereof, been registered in the Department of State, and trans- mitted by the Secretary of State to the marshal of the District of Columbia, who shall upon receipt there- of post the same in some public place in his Office. (R. S. § 4065.) § 7614. Public access to list of names of min- isters” servants—All persons shall have resort to the list of names SO posted in the marshal’s Office, and may take copies without fee. (R. S. § 4066.) ALIEN ENEMIES § 7615. Removal—Whenever there is a declared war between the United States and any foreign na- tion or government, or any invasion or predatory incursion is perpetrated, attempted, Or threatened against the territory of the United States by any for- eign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or govern- ment, being of the age of fourteen years and upward, Who shall be within the United States and not actu- ally naturalized, shall be liable to be apprehended, restrained, Secured, and removed as alien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the Conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they Shall be subject and in what cases, and upon what Security their residence shall be permitted, and to provide for the removal of those who, not being per- mitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any Other regulations which are found necessary in the premises and for the public safety. (R. S. § 4067, amended April 16, 1918, c. 55, 40 Stat.) |Under the authority of this section, and §§ 7616–7618, the President has issued the following proclamations: April 6, 1917, after proclaiming the existence of a state of war between the United States and Germany, and di- recting all officers, civil or military, to exercise vigilance and Zeal in the discharge of duties incident to a state of War, as follows: “Acting under and by virtue of the authority vested in me by the Constitution of the United States and the said Sections of the Revised Statutes, I do hereby further pro- claim and direct that the conduct to be observed on the part of the United States towards all natives, citizens, denizens, or subjects of Germany, being males of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, who for the purpose of this proclamation and under Such sections of the Revised Statutes are termed alien enemies, shall be as follows: “All alien enemies are enjoined to preserve the peace towards the United States and to refrain from Crime against the public safety, and from violating the laws of the United States , and of the States and Territories thereof, and to refrain from actual hostility or giving information, aid or comfort to the enemies of the United States, and to comply strictly with the regulations which are hereby or which may be from time to time promul- gated by the President; and so long as they shall con- duct themselves in accordance with law, they shall be undisturbed in the peaceful pursuit of their lives and oc- Cupations and be accorded the consideration due to all peaceful and law-abiding persons, except so far as re- strictions may be necessary for their own protection and for the safety of the United States; and towards such alien enemies as conduct themselves in accordance with law, all citizens of the United States are enjoined to pre- serve the peace and to treat them with all such friendli- ness as may be compatible with loyalty and allegiance to the United States. “And all alien enemies who fail to conduct themselves as so enjoined, in addition to all other penalties prescribed by law, shall be liable to restraint, or to give security, Or to remove and depart from the United States in the manner prescribed by Sections four thousand and sixty- nine and four thousand and seventy of the Revised Stat- utes, and as prescribed in the regulations duly promul- gated by the President; “And pursuant to the authority vested in me, I hereby declare and establish the following regulations, which I find necessary in the premises and for the public safety : “(1) . An alien enemy shall not have in his possession, at any time or place, any fire-arm, Weapon or implement of war, or component part thereof, ammunition, maxim or other silencer, bomb or explosive or material used in the manufacture of explosives; - “(2) An alien enemy shall not have in his possession at any time or place, or use or operate any aircraft or wire- less apparatus, or any form of Signalling device, or any form of cipher code, or any paper, document or book written or printed in cipher or in which there may be invisible writing. “(3) All property found in the possession of an alien enemy in violation of the foregoing regulations shall be subject to seizure by the United States; “(4) An alien enemy shall not approach or be found within one-half of a mile of any Federal or State fort, camp, arsenal, aircraft station, Government or naval ves- sel, navy yard, factory, or workshop for the manufac- ture of munitions of War or of any products for the use of the Army or Navy; “(5) An alien enemy shall not write, print, or publish any attack or threats against the Government or Congress of the United States, or either branch thereof, or against the measures or policy of the United Juates, or against the person or property of any person in the military, naval, or civil service of the United States, or of the States or Territories, or of the District of Columbia, or of the municipal governments. therein; “(6) An alien enemy shall not commit or abet any hos- tile act against the United States, or give information, aid, or comfort to its enemies; “(7) An alien enemy Shall not reside in or continue to reside in, to remain in, or enter any locality which the President may from time to time designate by Executive Order as a prohibited area in which residence by an alien enemy shall be found by him to constitute a danger to the public peace and safety of the United States, except by permit from the President and except under such limi- tations or restrictions as the President may prescribe; “(8) An alien enemy whom the President shall have reasonable cause to believe to be aiding or about to aid the enemy, or to be at large to the danger of the public peace or Safety of the United States, or to have violated or to be about to violate any of these regulations, shall # 7615 (Tit. 47. FOREIGN RELATIONS remove to any location designated by the President by Executive Order, and shall not remove therefrom without a permit, or shall depart from the United States if so required by the President; - - “(9) No alien enemy shall depart from the United States until he shall have received such permit as the President shall prescribe, or except under order of a court, judge, or justice, under Sections 4069 and 4070 of the Re- vised Statutes; - - , i “(10) No alien enemy shall land in or enter the United States, except under such restrictions and at Such places as 'the President may prescribe; “(11) If necessary to prevent violations of these regul- lations, all alien enemies will be obliged to register; “(12) An alien enemy whom there may be reasonable cause to believe to be, aiding or about to aid the enemy, or who may be at large to the danger of the public peace or safety, or who violates or attempts to violate, or of whom there is reasonable ground to believe that he is about to violate, any regulation duly promulgated by the President, or any criminal law of the United States, or of the States or ferritories thereof, will be subject to summary arrest by the United States Marshal, Qr his deputy, or such other officer as the President shall des– ignate, and to confinement in Such penitentiary, prison, jail, military camp, or other place of detention as may be directed by the President. - “This proclamation and the regulations herein contained shall extend and apply to all land and water, continental or insular, in any way within the jurisdiction of the United States.” November 16, 1917, as follows, omitting formal portions : “13. An alien enemy shall not approach or be found within one hundred yards of any canal; nor Within One hundred yards of any wharf, pier or dock used directly by or by means of lighters by any vessel or vessels of over five hundred (500) tons, gross engaged in foreign or domestic trade other than fishing; nor within one hun- dred yards of any warehouse, shed, elevator, rajjroad ter- minal or other terminal, storage or transfer facility ad- jacent to or operated in connection with any . Such Wharf, pief or dock; and wherever the distance between any two of such wharves, piers or docks, measured along the shore line connecting them, is less than eight hundred and eighty yards, an alien enemy shall not approach or be found within one hundred yards of such shore line. “14. Whenever the Attorney General of the United States deems it to be necessary, for the public safety and the protection of transportation, to exclude alien enemies from the vicinity of any warehouse, elevator or railroad depot yard or terminal which is not located within any prohibited area designated by this proclamation or the proclamation of April 6th, 1917, then an alien enemy shall not approach or be found within such distance of any such warehouse elevator, depot, yard or terminal as may be specified by the Attorney General by regulation duly made and declared by him; and the Attorney General is hereby authorized to fix, by regulations to be made and declared from time to time, the area. Surrounding any such warehouse, elevator, depot, yard or terminal from which he deems it necessary, for the public Safety and the protection of transportation to exclude alien enemies. “15. An alien enemy shall not, except on public fer- ries, be found on any ocean, bay, river, or other. Waters within three miles of the shore line of the United States . or its territorial possessions; said shore line for the pur- pose of this proclamation being hereby, defined, as the iine of sea coast and the shores of all waters of the Unit- ed States and its territorial possessions connected, with the high seas and navigable by ocean going Vessels; nor on any of the Great Lakes, their connecting Waters or har- bors, within the boundaries of the United. States. *16. No alien enemy shall ascend into the air in any airplane, balloon, airship, or flying machine. .. & & An alien enemy shall not enter or be found within the District of Columbia. “18. An alien enemy shall not enter or be found Within the Panama Canal Zone. - . “19. All alien enemies are hereby required to register at such times and places and in such manner as may be fixed by the Attorney General of the United States and the Attorney General is hereby authorized and directed to provide, as speedily as may be practicable, for registra- tion of all alien enemies, and for the issuange of registra- tion cards to alien enemies and to make and declare Such rules and regulations as he may deem necessary for ef- fecting such registration; and all alien enemies, and all other persons are hereby required to comply with such rules and regulations; and the Attorney General in carry- ing out such registration, is hereby authorized to utilize such agents, agencies, officers and departments of the United States and of the several states, territories, de- pendencies and municipalities thereof and of the District of Columbia as he may select for the purpose, and all such agents, agencies, officers and departments are here- by granted full, authority for all acts done by them in the execution of this regulation when acting by the di- rection of the Attorney General. After the date fixed by the Attorney General for such registration, an alien enemy shall not be found within the limits of the United States, its territories or possessions, Without having his registral- tion card on his person. - . . . . . IPage 11981. “20. An alien enemy shall not change his place of abode or occupation or otherwise travel or move from place to place without full compliance with any such regulations as the Attorney General of the United States may, from time to. time, make and declare; and the Attorney Gen- eral is hereby authorized to make and declare, from time to time, such regulations concerning the movements of alien enemies as he may deem necessary in the premises and for the public safety, and to provide in such regula- tions for monthly, weekly or other periodical report by alien enemies to federal, state or local authorities; and all alien enemies shall report at the times and places and to the authorities specified in such regulations. “This proclamation and the regulations herein contained shall extend and apply to all land and water, continental or insular, in any way within the jurisdiction of the United States.” December 11, 1917, after reciting the Joint Resolution proclaiming the existence of a state of war between the United States and Austria-Hungary, and proclaiming the existence of such, a state of war, and directing all offi- Cers, civil or military, to exercise vigilance and zeal in the discharge of duties incident to a state of war, as follows: - “Aad, acting under and by virtue of the authority vested in me by the Constitution of the United States and the aforesaid sections of the Revised Statutes, I do hereby further proclaim and direct that the conduct to be ob- served on the part of the United States towards all na- tives, citizens, denizens, or subjects of Austria-Hungary, being males of the age of fourteen years and upwards, Who shall be within the United States and not actually nat- uralized, shall be as follows: “All natives, citizens, denizens, or subjects of Austria- Hungary, being males of fourteen years and upwards, Who shall be within the United States and not actually natural- ized, are enjoined to preserve the peace towards the United States and to refrain from crime against the public safety, and from violating the laws of the United States and of the States and Territories thereof, and to refrain from actual hostility or giving information, aid or comfort to the enemies of the United States, and to comply strictly with the regulations which are hereby or which may be from time to time, promulgated by the President; and SO long as they shall conduct themselves in accordance With law, they shall be undisturbed in the peaceful pursuit of their lives and occupations and be accorded the considera- tion due to all peaceful and law-abiding persons, except so far as restrictions may be necessary for their OWn pro- tection and for the safety of the United States; and to- wards such of said persons as conduct themselves in ac- cordance with law, all citizens of the United States are en- joined to preserve the peace and to treat , them. With all such friendliness as may be compatible with loyalty and allegiance to the United States. “And all natives, citizens, denizens or subjects of Aus- tria-Hungary, being males of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, who fail to conduct themselves as so enjoined, in addition to all other penalties prescribed by law, shall be liable to restraint, or to give Security, Or to remove and depart from the United States in the man- ner prescribed by sections four thousand and sixty-nine and four thousand and seventy of the Revised Statutes, and as prescribed in regulations duly promulgated by the President; • “And pursuant to the authority vested in me, I hereby declare and establish the following regulations,. Which I find necessary in the premises and for the public Safety: “(i) No native, citizen, denizen or subject of Austria- Hungary, being a male of the age of fourteen years and upwards and not actually naturalized, shall depart from the United States until he shall have received such permit as the President shall prescribe, or except under order of a court, judge, or justice, under Sections 4069 and 4070 of the Revised Statutes; “(2) No such person shall land in or enter the United States, except under such restrictions and at such places as the President may prescribe; “(3) Every such person of whom there may be reasona- ble cause to believe that he is aiding or about to aid the enemy, or who may be at large to the danger of the pub- lic peace or safety, or who violates or attempts to vio- late, or of whom there is reasonable ground to believe that He is about to violate any regulation duly promulgated by the President, or any criminal law of the United States, or of the States or Territories thereof, Will be subject to summary arrest by the United States Marshal, or his deputy, or such other officer as the President shall desig- nate, and to confinement in such penitentiary, prison, jail, military camp, or other place of detention as may be directed by the President. “This proclamation and the regulations herein contained shall extend and apply to all land and Water, continental or insular, in any way within the jurisdiction of the United * States.” April 19, 1918, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution of the United States and the said sections of the Revised Stat- utes, do hereby further proclaim and direct that the con- Tit. 47) & 7622 FOREIGN RELATIONS # IPage 1199] duct to be observed on the part of the United States to- wards all natives, citizens, denizens, or subjects of Ger- many or Austria-Hungary of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, shall be as follows: “All such natives, citizens, denizens or subjects of Ger- many or Austria-Hungary are enjoined to preserve the peace towards the United States and to refrain from crime against the public safety, and from violating the laws of the United States and of the states and territories thereof, and to refrain from actual hostility or giving informa- tion, aid or comfort to the enemies of the United States, and to comply strictly with the regulations which are hereby or which have been or , may be from time to time promulgated by the President; and so long as they shall conduct themselves in accordance with law, they shall be undisturbed in the peaceful pursuit of their lives and OC- cupations and be accorded the consideration due to all peaceful and law-abiding persons, except so far as re. strictions may be necessary for their own protection and for the safety of the United States; , and towards such of said persons as conduct themselves in accordance With law, all citizens of the United States are enjoined to pre- serve the peace and to treat them with all Such friendli- ness as may be compatible with loyalty and allegiance to the United States. & “And all of such natives, citizens, denizens or subjects of Germany or Austria-Hungary, who fail to conduct them- selves as so enjoined, in addition to all other penalties prescribed by law, shall be liable to restraint, or to give security, or to remove and depart from the Dnited States in the manner prescribed by sections four thousand and sixty-nine and four thousand and seventy of the Revised statutes, and as prescribed in the regulations duly promul- gated by the President; *And pursuant to the authority vested in me, I Hereby declare and proclaim, as necessary in the premises and for the public safety, that regulations 1 to 12, inclusive, 1I]. the proclamation issued by me under date of April 6th, 1917, and regulations 13 to 20, inclusive, in the proclama- tion issued by me under date of November 16th, 1917, shall be and they hereby are extended to and declared applica- ble to all natives, citizens, denizens Or subjects of Ger- many, being females of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized: Provided, that this extension of reg- ulation 4 of the proclamation issued by Iſle under date Of April 6th, 1917, shall not become effective until such time as may be fixed and declared by the Attorney General of nited States. e thº pursuant to the authority vested in me, I hereby declare and proclaim, as necessary in the premises and for the public Safety, that regulations 1 to 3, inclusive, in the proclamation issued by me under date of December 11th, 1917, shall be and they are hereby extended to and declared applicable to all natives, citizens, denizens Or subjects of Austria-Hungary, being females. of the age of fourteen years and ::::::::: * º within the Unit- not actually naturall Zed. * & •º. and the regulations herein contained shali extend and apply to all land and, water, continental or insular, in any way Within the jurisdiction of the IJnited States.” § 7616. Time for—When an alien who becomes liable as an enemy, in the manner prescribed in the preceding section, is not chargeable with actual hoS- tility, or other crime against the public Safety, he shall be allowed, for the recoVery, disposal, and re- moval of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and Where no SüCh treaty exists, or is in force, the President may a SCer- tain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. (R. S. § 4068.) § 7617. Jurisdiction of United States courts- After any such proclamation has been made, the Sev- eral courts of the United States, having Criminal ju- risdiction, and the several justices and judges Of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdic- tion or district, to the danger Of the public peace Or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the Pres- ident may have established, to cause such alien to be duly apprehended and Conveyed before such court, judge, or justice; and after a full examination and Thearing on such complaint, and sufficient cause ap- pearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, con- formably to the proclamation or regulations estab- lished as aforesaid, and to imprison, or otherwise se- Cure such alien, until the Order which may be SO made shall be performed. (R. S. § 4069.) § 7618. Duties of marshal—When an alien ene- my is required by the President, or by order of any Court, judge, or justice, to depart and to be removed, it shall be the duty Of the marshal Of the district in which he shall be apprehended to provide therefor, and to execute such order in person, Or by his deputy, or other discreet person to be employed by him, by Causing a renoval of such alien out of the territory Of the United States; and for such removal the mar- shal Shall have the warrant Of the President, Or of the COllrt, judge, Or justice Ordering the same, as the Case may be. (R. S. § 4070.) TESTIMONY FOR USE IN FOREIGN COUNTRIES § 7619. Taking—The testimony of any Witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the govern- ment Of Such foreign COuntry shall be a party Or Shall have an interest, may be obtained, to be used in such Suit. If a Commission or letters rogatory to take such testimony, together with specific written interroga- tories, a CCOmpanying the same, and addressed to such Witness, Shall have been issued from the Court in which such suit is pending, on producing the same before the district judge of any district whére the witness resides or shall be found, and on due proof being made to such judge that the testimony of any Witness is material to the party desiring the same, Such judge shall issue a summons to such witness requiring him to appear before the officer or commis- SiOmer named in such commission or letters rogatory, to testify in Such suit. And no witness shall be com- pelled to appear Or to testify under this section ex- Cept for the purpose of answering such interrogatories SO issued and accompanying such commission or let- ters: Provided, That when counsel for all the parties attend the examination, they may consent that ques- tions in addition to those accompanying the commis- Sion or letters rogatory may be put to the witness, unless the Commission or letters rogatory exclude Such additional interrogatories. The summons shall Specify the time and place at which the witness is re- Quired to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. (R. S. § 4071.) See § 1486. § 7620. Privilege of witness—No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery Which shall tend to criminate him either under the laws Of the State or Territory within which such ex- amination is had, or any other, or any foreign state. (R. S. § 4072.) - § 7621. Punishment of witness for contempt —If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and Sev- enty-One, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a Suit in the district Court of the United States. (R. S. § 4073.) § 7622. Fees and mileage of witnesses—Every witness who shall so appear and testify shall be al- lowed, and Shall receive from the party at Whose in- stance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. (R. S. § 4074.) - See §§ 1452–1456, § 7623 (Tit. 47 FOREIGN RELATIONS [Page 1200I PASSPORTS . § 7623. How granted—The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by such diplomatic or consular officers of the United States, and by such chief or other executive officer Of the insular possessions Of the United States, and , under such rules as the President shall designate and prescribe for and on behalf of the United States; and no other person shall grant, issue, or verify any such passport. Where a legation of the United States is established in any country, no person other than the diplomatic representative Of the United States at Such place shall be permitted to grant Or issue any passport, except in the absence therefrom of such rep- resentative. (R. S. § 4075, amended, June 14, 1902, c. 1088, § 1, 32 Stat. 386.) See § 309. § 7624. To whom to be issued—No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States. (R. S. § 4076, amended, June 14, 1902, c. 1088, § 2, 32 Stat. 386.) See § 3958. § 7.625. Fee for issuing—From and after the passage of this act a fee of one dollar shall be Col- lected for each citizen’s passport issued from the Department of State. (March 23, 1888, c. 34, 25 Stat. 45.) § 7626. Account of fees—An account of these fees shall be kept, and the amount collected shall be paid into the Treasury of the United States at least quarterly. (June 20, 1874, c. 328, § 1, 18 Stat. 90.) § 7627. Returns of—All persons who shall be au- thorized to grant, issue, or verify passports, Shall make return of the same to the Secretary of State, in such manner and as often as he shall require ; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in Such pass- port. (R. S. § 4077.) § 7628. False passports—If any person acting or claiming to act in any office or capacity under the United States, its possessions, or any of the States of the United States, who shall not be lawfully au- thorized so to do, shall grant, issue, Or Verify any passport or other instrument in the nature of a pass- port to or for any person whomsoever, or if any con- Sular Officer who shall be authorized to grant, issue, or verify passports shall knowingly and willfully grant, issue, or verify any such passport to or for any person not owing allegiance, whether a citizen or not, to the United States, he shall be imprisoned for not more than One year Or fined not more than five hun- dred dollars, Or both ; and may be charged, pro- ceeded against, tried, convicted, and dealt with there- for in the district where he may be arrested or in Custody. (R. S. § 4078, amended, June 14, 1902, c. 1088, § 3, 32 Stat. 386.) § 7628a. Application for; contents; fees—Be- fore a passport is issued to any person by or under authority Of the United States such person shall Sub- scribe to and submit a written application duly ver- ified by his Oath before a person authorized and em- powered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance Of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal officials authorized, or who may be au- thorized, to take passport applications and adminis- ter Oaths thereon, shall collect, for all services in con- nection there with, a fee of $1, and no more, in lieu Of all fees prescribed by any statute of the United States, whether the application is executed singly, in duplicate, or in triplicate. (June 15, 1917, c. 30, title IX, § 1, 40 Stat. 227.) | § 7628b. False statements in; use of passport obtained through—Whoever shall willfully and knowingly make any false statement in an applica- tion for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own Use or the use of . another, contrary to the laws regulating the issuance Of passports or the rules prescribed pursuant to Such laws, or whoever shall willfully and knowingly uSe Or attempt to use, Or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or imprisoned not more than five years or both. (June 15, 1917, c. 30, title IX, § 2, 40 Stat. 227.) § 7628c. Use of passport issued for another or in violation of conditions; furnishing passport for such use–Whoever shall willfully and knowingly use, Or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall Willfully and knowingly use or attempt to use any paSSport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursu- ant to the 1aws regulating the issuance of passports, Which said rules shall be printed on the passport; Or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was Originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title IX, § 3, 40 Stat. 227.) - § 7628d. False making or forging—Whoever Shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, Counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent that the same may be used by another; or whoever shall willfully or know- ingly use, Or attempt to use, or furnish to another for use any Such false, forged, counterfeited, mutilat- ed, Or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fin- ed not more than $2,000 Or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title IX, § 4, 40 Stat. 227.) ENTRY INTO or ExIT FROM UNITED STATES § 7628e. Departure from or entry into United States during war; aliens—That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibi- tions in addition to those provided Otherwise than by this Act be imposed upon the departure Of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until Oth- erwise Ordered by the President Or Congress, be un- lawful— (a) For any alien to depart from or enter or at- tempt to depart from or enter the United States ex- cept under such reasonable rules, regulations, and or- ders, and subject to such limitations and exceptions as the President shall prescribe; (b) For any person to transport or attempt to trans- port from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of Šuch other person is for- bidden by this Act; (c) For any person knowingly to make any false statement in an application for permission to depart from Or enter the United States with intent to in- duce Or Secure the granting Of Such permission either for himself or for another; (d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit Tit. 47) 3 7633 FOREIGN RELATIONS TPage 12011 or evidence of permission to depart or enter not is- sued and designed for such other person's use; (e) For any person knowingly to use Or attempt to use any permit or evidence of permission to depart Or enter not issued and designed for his use; (f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, Counterfeit- ed, mutilated, or altered, any permit Or evidence Of permission to depart from or enter the United States; (g) For any person knowingly to use Or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evi- dence of permission, or any permit or evidence Of permission which, though originally valid, has be- come or been made void or invalid. (May 22, 1918, c. 81, § 1, 40 Stat.) - § 7628f. Same; citizens; passports—After such proclamation as is provided for by the preceding Section has been made and published and while said proclamation is in force, it shall, except as other- Wise provided by the President, and subject to such limitations and exceptions as the President may au- thorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he § a valid passport. (May 22, 1918, c. 81, § 2, 40 alt. -- - - § 7628g. Same; punishment--Any person Who shall willfully violate any of the provisions of this Act, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation is- Sued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprison- ed for Ilot more than twenty years, or both ; and the Officer, director, or agent of any corporation who knowingly participates in such violation shall be pun- ished by like fine or imprisonment, or both; and any vehicle Or any vessel, together with its or her appur- tenances, equipment, tackle, apparel, and furniture, COn Cerned in any such violation, shall be forfeited to the United States. (May 22, 1918, c. 81, § 3, 40 Stat.) § 7628.h.. Same; definitions—The term “United States” as used in this Act includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The word “perSon” as used herein Shall be deemed to mean any individual, partnership, association, com- pany, or other unincorporated body of individuals, or corporation, or body politic. (May 22, 1918, c. 81, § 4, 40 Stat.) * * - DISPUTES BETWEEN SEAMEN § 7629. Powers of foreign consuls over—When- ever it is stipulated by treaty or convention between the United States and any foreign nation that the consul-general, Consuls, vice-consuls, or consular [Or commercial] agents of each nation, shall have exclu- sive jurisdiction of controversies, difficulties, or disor- ders arising at sea or in the waters or ports of the Other nation, between the master or Officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be ex- ecuted and enforced within the jurisdiction of the United States as hereinafter declared. this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other contracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation. (R. S. § 4079.) - Text in brackets superseded by § 3140. And see § 10129. § 7630. Arrest of seamen—In all cases within the purview of the preceding section the consul-gen- eral, consul, or other consular or commercial authori- ty of such foreign nation charged with the appropriate COMP.ST.’18–76 But before duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any commissioner of a Circuit court, setting forth that such controversy, difficulty, Or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibit- ing a certified copy or extract of the shipping-articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or Ship's company of Such vessel; and further stating and Cer- tifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and OfficerS of the vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the prem- ises; and further stating and certifying that, to the best of the knowledge and belief of the Officer Certi- fying, such person is not a citizen of the United States. Such application shall be in writing and duly all- thenticated by the consular or other sufficient Official seal. Thereupon such court, judge, or commissioner shall issue his warrant for the arrest Of the perSOn SO complained of, directed to the marshal of the United States for the appropriate district, or in his discre- tion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for ex- amination at a certain time and place. (R. S. § 4080.) § 7631. Commitment and discharge—If, on Such examination, it is made to appear that the person SO arrested is a Citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the Ordinary Course of law. But if this is not made to appear, and Such Court, judge, or commissioner finds, upon the papers hereinbefore referred to, a suffi- Cient prima-facie case that the matter concerns Only the internal Order and discipline of such foreign ves- Sel, Or, whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen Of the United States, he shall forthwith, by his war- rant, Commit Such person to prison, where prisoners under sentence of a Court of the United States may be lawfully Committed, Or, in his discretion, to the master or chief officer of such foreign vessel, to be | Subject to the lawful Orders, control, and discipline Of Such master or chief Officer, and to the jurisdiction of the consular or commercial authority of the na- tion to which Such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the |United States Or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and Shall not again be arrested for the same cause. The expenses of the arrest and the detention of the per- SOn SO arrested shall be paid by the consular Officers making the application. (R. S. § 4081.) See §§ 8382a–8382c. PowLRs of MINISTERS AND CONSULs, AND CONSULAR COURTS § 7632. Solemnization of marriages—Marriages in presence of any consular officer of the United States in a foreign country, between persons who would be authorized to marry if residing in the District Of CO- lumbia, shall be valid to all intents and purposes, and shall have the same effect as if solemnized within the United States. . And such consular Officers shall, in all cases, give to the parties married before them a cer- tificate of such marriage, and shall send another cer- tificate thereof to the Department of State, there to be kept; such certificates shall specify the names of the parties, their ages, places of birth, and residence. (R. S. § 4082.) § 7633. Judicial authority in certain coun- tries—To carry into full effect the provisions of the treaties of the United States With China, Japan, Siam, ź 7634 (Tit. 47 FoREIGN RELATIONS [Page 12021 Egypt, and Madagascar, respectively, the minister and the consuls of the United States, duly appointed to reside in each of those countries, shall, in addi- tion to other powers and duties imposed upon them, respectively, by the provisions of such treaties, re- spectively, be invested with the judicial authority herein described, which shall appertain to the Office Of minister and consul, and be a part of the duties be- longing thereto, wherein, and SO far as, the Same is allowed by treaty. (R. S. § 4083.) § 7634. Jurisdiction of crimes—The Officers mentioned in the preceding section are fully empower- ed to arraign and try, in the manner herein provided, all Citizens Of the United States Charged with Offenses against law, COmmitted in Such countries, respectively, and to sentence Such Offenders in the manner herein authorized; and each of them is authorized to issue all Such processes as are suitable and necessary to Carry this authority into execution. (R. S. § 4084.) § 7635. Jurisdiction in eivil cases—Such officers are also invested with all the judicial authority nec- essary to execute the provisions of such treaties, re- spectively, in regard to civil rights, whether of prop- erty or person; and they shall entertain jurisdiction in matters of contract, at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed, and in all other matters, at the port where, or nearest to which, the cause of controversy arose, or at the port Where, or nearest to which, the damage Complained of was sustained, provided such port be one of the ports at Which the United States are represented by COnSulS. Such jurisdiction shall embrace all controversies be- tween citizens of the United States, of others, pro- vided for by such treaties, respectively. (R. S. § 4085.) § 7636. Jurisdiction; exercise of—Jurisdiction in both Criminal and civil matters shall, in all cases, be exercised and enforced in Conformity with the laws Of the United States, which are hereby, so far as is Inecessary to execute such treaties, respectively, and SO far as they are suitable to carry the same into ef- fect, extended Over all citizens of the United States in those Countries, and over all others to the extent that the terms of the treaties, respectively, justify or require. But in all cases where such laws are not adapted to the object, Or are deficient in the provisions necessary to furnish suitable remedies, the common law and the law of equity and admiralty shall be ex- tended in like manner Over such citizens and others in those countries; and if neither the Common law, nor the law of equity or admiralty, nor the statutes Of the United States, furnish appropriate and suffi- Cient remedies, the ministers in those Countries, re- spectively, shall, by decrees and regulations which shall have the force of law, Supply Such defects and deficiencies. (R. S. § 4086.) § 7637. Arrest, trial, and sentence of crimi- inals—Each of the Consuls mentioned in section forty hundred and eighty-three, at the port for which he is appointed, is authorized upon facts within his Own knowledge, or which he has good reason to believe true, or upon complaint made or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the COuntry an Offense against law ; and to arraign and try any such offender; and to Sentence him to punishment in the manner herein prescribed. (R. S. § 4087.) § 7638. Powers in uneivilized countries—The consuls [and commercial agents] of the United States at islands or in countries not inhabited by any Civil- ized people, or recognized by any treaty With the United States, are authorized to try, hear, and deter- mine all cases in regard to civil rights, whether of person or property, where the real debt or damages do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties, to give judgment according to the laws of the United States, and according to the equity and right Of the matter, in the Same manner as justices of the peace are now authorized and em- powered where the United States have exclusive ju- risdiction. They are also invested with the powers conferred by the provisions of sections forty hundred and eighty-six and forty hundred and eighty-Seven for trial of offenses or misdemeanors. (R. S. § 4088.) Text in brackets superseded by § 3140. R. S. §§ 4086, 4087 are $$ 76.36, 7637. § 7639. Decisions of consuls; appeal to min- ister—Any consul When sitting alone may also decide all cases in which the fine imposed does not exceed five hundred dollars, Or the term. Of imprisonment does not exceed ninety days; but in all such Cases, if the fine exceeds one hundred dollars, or the term of im- prisonment for misdemeanor exceeds Sixty days, the defendants or any of them, if there be more than One, may take the case, by appeal, before the minister, if allowed jurisdiction, either upon errors of law. Or imat- ters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such Cases. (R. S. § 4089.) * § 7640. Jurisdiction over certain offenses against foreign governments—Capital cases for murder Or insurrection against the government Of either of the Countries hereinbefore mentioned, by Citizens of the United States, or for Offenses against the public peace announting to felony under the laws of the United States, may be tried before the minis- ter Of the United States in the COuntry where the Of- fense is committed if allowed jurisdiction ; and every such minister may issue all manner of Writs, to prevent the citizens Of the United States from enlisting in the military or naval Service of either of the said Coun- tries, to make War upon any foreign power With whom the United States are at peace, or in the service of One portion of the people against any other portion Of the same people ; and he may carry Out this power by a re- sort to such force belonging to the United States as may at the time be within his reach. (R. S. § 4090.) § 7641. Appellate jurisdiction im certain coun- tries—Each Of the ministers mentioned in Section forty hundred and eighty-three shall, in the country to which he is appointed, be fully authorized to hear and decide all cases, criminal and civil, which may Come before him, by appeal, under the provisions Of this Title, and to issue all processes necessary to execute the power conferred upon him; and he is fully empowered to decide finally any Case upon the evi- dence which COmes up with it, Or to hear the parties further, if he thinks justice will be promoted thereby ; and he may also prescribe the rules upon which new trials may be granted, either by the Consuls Or by himself, if asked for upon sufficient grounds. (R. S. § 4091.) - (R. S. §§ 4092–4096. Superseded.) R. S. § 4092, provided for appeals from consular courts in China, or Japan to the minister in the country, where the matter in dispute exceeded $500 and did not exceed $2,500. R. S. § 4093, provided for appeals from the con- sular courts of China or Japan to the circuit court for California, where the matter in dispute exceeded $2,500. R. S. § 4094, provided for appeal to the circuit court of California, from the judgment of the minister to China, or to Japan, given in the exercise of original jurisdiction where the matter in dispute exceeded $2,500. R. S. §§ 4095, 4096, provided for appeal to the circuit court for the district of California from the judgment of the minister to China, or to Japan, given in the exercise of criminal jurisdiction. These sections were Superseded by the pro- visions relating to appeals of the agt establishing a Unit- ed States court for China, Act June 30, 1906, c. 3934, §§ 2, 3 (§§ 7688, 7689), and by the abolition of consular courts in Japan by the Treaty of Nov. 22, 1894, art. 18, 29 Stat. 853, which provided for the exercise of jurisdiction by Japanese courts. § 7642. Evidence in consular courts, how tak- en—In all cases, criminal and civil, the evidence Shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or character of testi- mony shall be noted, with the ruling in all such cases, Tit. 47) ź 7654 FOREIGN RELATIONS [Page 1203] and the evidence shall be part of the case. (R. S. $ 4097.) § 7643. Compromise or reference of civil cas- es—It shall be the duty of the ministers and the COll- Suls in the Countries mentioned in Section forty hun- dred and eighty-three, to encourage the settlement of controversies of a civil character, by mutual agree- ment, or to submit them to the decision of referees agreed upon by the parties; and the minister in each country shall prepare a form of submission for Such cases, to be signed by the parties, and acknowledged before the consul. When parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed to hear the case, and a majority of them shall have power to decide the matter. If either party refuses or neglects to appear, the referees may proceed ex parte. After hearing any case such referees may de- liver their award, sealed, to the consul, who, in court, shall Open the same; and if he accepts it, he shall in- dorse the fact, and judgment shall be rendered there- On, and execution issue in compliance with the terms thereof. The parties, however, may always settle the same before return thereof is made to the consul. (R. S. § 4098.) § 7644. Settlement of criminal cases—In all criminal cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concern- ed therein, with the assent of the minister in the Country, or consul, to adjust and settle the same among themselves, upon pecuniary or other consid- erations. (R. S. § 4099.) § 7645. Aid of local authorities—The ministers and consuls shall be fully authorized to call upon the local authorities to sustain and support them in the execution of the powers Confided to them by treaty, and on their part to do and perform whatever is necessary to carry the provisions of the treaties into full effect, so far as they are to be executed in the countries, respectively. (R. S. § 4100.) § 7646. Punishments—In all cases, except as herein otherwise provided, the punishment of crime provided for by this Title shall be by fine or impris- onment, or both, at the discretion of the Officer who decides the Case, but subject to the regulations here- in contained, and such as may hereafter be made. It shall, however, be the duty of such officer to award punishment according to the magnitude and aggra- vation of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committed until he does Comply, or is discharged by Order of the consul, with the consent of the minister in the country. (R. S. § 4101.) § 7647. Same; for murder, insurrection, or rebellion—Insurrection or rebellion against the gov- ernment of either of those countries, with intent to subvert the same, and murder, shall be capital offens- es, punishable with death; but no person shall be convicted of either of those crimes, unless the consul and his associates in the trial all concur in Opinion, and the minister also approves of the conviction. But it shall be lawful to convict one put upon trial for either Of these Crimes, of a less Offense of a similar character, if the evidence justifies it, and to punish, as for other Offenses, by fine Or imprisonment, or both. (R. S. § 4102.) § 7.648. Execution of criminals—Whenever any person is convicted of either of the crimes punishable with death, in either of those countries, it shall be the duty Of the minister to issue his warrant for the execution of the convict, appointing the time, place, and manner; but if the minister is satisfied that the ends of public justice demand it, he may from time to time postpone such execution; and if he finds mitigating circumstances which authorize it, he may submit the case to the President for pardon. (R. S. § 4103.) § 7649. Punishment of contempts—No fine im- posed by a consul for a contempt committed in pres- shall have original jurisdiction. ence of the court, or for failing to obey a summons from the same, shall exceed fifty dollars; nor shall the imprisonment exceed twenty-four hours for the same contempt. (R. S. § 4104.) § 7.650. Decisions of consul sitting alone in criminal cases—Any consul, when sitting alone for the trial Of Offenses Or misdemeanors, Shall decide finally all Cases where the fine imposed does not ex- ceed one hundred dollars, or the term of imprisonment does not exceed sixty days. (R. S. § 4105.) § 7651. Associates in criminal trials—When- ever, in any case, the consul is of opinion that, by reason of the legal questions which may arise there- in, assistance will be useful to him, or whenever he is of opinion that severer punishments than those specified in the preceding sections will be required, he shall summon, to sit with him on the trial, One Or more citizens of the United States, not exceeding four, and in capital cases not less than four, who shall be taken by lot from a list which had previously been submitted to and approved by the minister, and shall be persons of good repute and Competent for the duty. Every such associate shall enter upon the record his judgment and opinion, and shall sign the same; but the consul shall give judgment in the case. If the consul and his associates concur in opin- —ion, the decision shall, in all cases, except Of Capital offenses and except as provided in the preceding Sec- tion, be final. If any of the associates differ in opinion from the consul, the case, without further proceedings, together with the evidence and Opinions, shall be referred to the minister for his adjudication, either by entering up judgment therein, or by remit- ting the same to the consul with instructions how to proceed therewith. (R. S. § 4106.) § 7652. Associates in civil cases—Each of the consuls mentioned in section four thousand and eigh- ty-three shall have at the port for which he is ap- pointed, jurisdiction as herein provided, in all Civil cases arising under such treaties, respectively, where- in the damages demanded do not exceed the Sum of five hundred dollars; and, if he sees fit to decide the same without aid, his decision thereon shall be final. But whenever he is of opinion that any Such case involves legal perplexities, and that aSSistance will be useful to him, or whenever the damages de- manded exceed five hundred dollars, he shall Summon, to sit with him on the hearing of the Case, not leSS than two nor more than three citizens of the United States, if such are residing at the port, who shall be taken from a list which had previously been Submit- ted to and approved by the minister, and shall be of good repute and competent for the duty. Every such associate shall note upon the record his Opinion, and also, in case he dissents from the Consul, Such rea- sons therefor as he thinks proper to assign; but the consul shall give judgment in the Case. If the consul and his associates concur in Opinion, the judgment shall be final. If any of the associates differ in opinion from the consul, either party may appeal to the minister, under such regulations as may exist; but if no appeal is lawfully claimed, the decision of the consul shall be final. (R. S. § 4107.) § 76.53. Where jurisdiction exercised—The ju- risdiction allowed by treaty to the ministers, re- spectively, in the countries named in section four thousand and eighty-three shall be exercised by them in those countries, respectively, wherever they may be. (R. S. § 4108.) § 7654. Jurisdiction when appellate or origi- nal—The jurisdiction of such ministers in all matters of civil redress, Or Of crimes, except in capital cases for murder or insurrection against the governments Of Such countries, respectively, or for Offenses against the public peace amounting to felony under the laws of the United States, shall be appellate only: Pro- vided, That in cases where a consular officer is in- terested, either as party or Witness, such minister (R. S. § 4109.) 3 7655 (Tit. 47 FOREIGN RELATIONS [Page 1204] § 7655. Responsibility of officers—All such offi- CerS shall be responsible for their conduct to the Unit- ed States, and to the laws thereof, not only as diplo- matic or consular officers, but as judicial officers, When they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers. (R. S. § 4.110.) - § 7656. Marshals of consular courts—The President is authorized to appoint marshals for such Of the Consular courts in those countries as he may think proper, not to exceed seven in number, namely: [One in Japan, [four in China,] one in Siam, and One in Turkey, each of whom shall receive a salary Of One thousand dollars a year, in addition to the fees allowed by the regulations of the ministers, re- Spectively, in those countries. (R. S. § 4111.) Text in brackets superseded by § 7694, and by Treaty of Nov. 22, 1894, art. 18, 29 Stat. 853. § 7657. Same; process; execution by—It shall be the duty of the marshals, respectively, to execute all process issued by the minister of the United States in those countries, respectively, or by the consul at the port at which they reside, and to make due re- turn thereof to the officer by whom it was issued, and to conform in all respects to the regulations prescrib- ed by the ministers, respectively, in regard to their duties. (R. S. § 41.12.) § 7658. Same; bomd—Each marshal, before enter- ing upon the duties of his office, shall give bond for the faithful performance thereof in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State. Such bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the minister. (R. S. § 4113.) § 7659. Same; bornd; suits on—Whenever any person desires to bring suit upon the bond of any such marshal, it shall be the duty of the Secretary of the Treasury, or of the minister having custody of a copy of the same, to give to the person so applying a Certified copy thereof, upon which suit may be brought and prosecuted with the same effect as could be done upon the original: Provided, The Secretary of the Treasury, or the minister to whom the appli- Cation is made, is satisfied that there is probable Cause of action against the marshal. (R. S. § 4114.) § 7660. Same; bornd; production of original— Upon a plea of non est factum, verified upon oath, Or any other good cause , shown, the court or the consul or minister trying the cause may require the Original bond. Of the marshal in those COuntries to be produced; and it shall be the duty of the Secretary of the Treasury to forward the Original bond to the court, or consul, or minister requiring the same. (R. S. § 4115.) . . - § 7661. Same; process against—All rules, or- ders, writs, and processes of every kind which are in- tended to operate or be enforced against any of the marshals, in any of the COuntries named in this Title, shall be directed to and executed by such per- Sons as may be appointed for that purpose by the minister or consul issuing the same. (R. S. § 4116.) § 7662. Regulations for consular courts—In or- der to organize and carry into effect the System of jurisprudence demanded by such treaties, respective- ly, the ministers, with the advice of the several consuls in each of the countries, respectively, or Of so many of them as can be conveniently assembled, shall prescribe the forms of all processes to be issued by any of the consuls; the mode of executing and the time of returning the same: the manner in which trials shall be conducted, and how the records there- of shall be kept ; the form of oaths for Christian wit- nesses, and the mode of examining all other wit- nesses; the costs to be allowed to the prevailing par- ty, and the fees to be paid for judicial services; the manner in which all Officers and agents to execute process, and to carry this Title into effect, shall be appointed and compensated; the form of bail-bonds, and the security which shall be required of the par- ty who appeals from the decision of a consul; and shall make all such further decrees and regulations from time to time, under the provisions of this Title, as the exigency may demand. (R. S. § 4117.) § 7663. Same; publication—All such regulations, decrees, and orders shall be plainly drawn up in Writ- ing, and submitted, as hereinbefore provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, and such consul shall signify his assent or dissent in writing, with his name subscribed thereto. After taking such advice, and considering the same, the minister in each of those countries may, nevertheless, by Causing the decree, Order, or regulation to be pub- lished with his signature thereto, and the opinions of his advisers inscribed thereon, make it binding and Obligatory, until annulled or modified by Congress; and it shall take effect from the publication or any Subsequent day thereto named in the act. (R. S. § 4118.) § 7664. Same; transmission to Secretary of State—All such regulations, orders, and decrees shall, as speedily as may be after publication, be transmit- ted by the ministers, with the opinions of their ad- visers, as drawn up by them severally, to the Secre- tary of State, to be laid before Congress for revision. (R. S. § 4119.) - § 7665. Fees for judicial services—It shall be the duty Of the minister in each of those countries to establish a tariff of fees for judicial services, which shall be paid by such parties, and to such per- Sons, as the minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this Title; and regular accounts, both of receipts and expendi- tures, shall be kept by the minister and COnsuls and transmitted annually to the Secretary of State. (R. S. § 4120.) . § 7666. Expenses of prisons in foreign coun- tries—The President, when provision is not otherwise made, is authorized to allow, in the adjustment Of the accounts of each of the ministers or consuls, the actual expenses of the rent of suitable buildings or parts of buildings to be used as prisons for Amer- ican convicts in those countries, not to exceed in any Case the rate of Six hundred dollars a year ; and also the wages of the keepers of the same, and for the care of offenders, not to exceed, in any case, the sum of eight hundred dollars per annum. But no more than [one] prison shall be hired [in Japan,1 four in China, one in Turkey, and One in Siam, at such port or ports as the minister, with the sanction of the President, may designate, and the entire expense of prison and prison-keepers at the consulate of Bang- kok, in Siam, shall not exceed the sum of One thou- sand dollars a year. (R. S. § 4121.) Text in brackets superseded by Treaty of Nov. 22, 1894, art. 18. 29 Stat. 853. § 7667. Same; China—The President is author- ized to allow, in the adjustment of the accounts of the consul-general at Shanghai, the actual expense of the rent of a suitable building, to be used as a pris- on for American convicts in China, not to exceed One thousand five hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed five thousand dollars a year; and to allow, in the adjustment of the accounts of the consuls at other ports in China, the actual ex- pense of the hire of constables and the care of Of- fenders, not to exceed in all five thousand dollars a year. (R. S. § 4122.) Current appropriation, 40 Stat. § 7668. Allowance for keeping and feeding prisoners—Paying for the keeping and feeding of prisoners in China, Korea, Siam, and Turkey, and for Such miscellaneous expenses in Connection there- with as may be approved by the Secretary of State, see Act April 15, 1918, c. 52, Tit. 47) 3 7674 FOREIGN REIATIONS [Page 12051 nine thousand dollars: Provided, That no more than fifty cents per day for the keeping and feeding of each prisoner while actually confined shall be allow- ed. Or paid for any such keeping and feeding. This is not to be understood as covering cost of medical at- tendance and medicines when required by such pris- Oners: And provided further, That no allowance Shall be made for the keeping and feeding of any prisoner who is able to pay or does pay the above Sum Of fifty cents per day; and the consular officer Shall Certify to the fact of inability in every case. (March 2, 1901, c. 802, 31 Stat. 893.) Current appropriation, see Act April 15, 1918, 40 Stat. § 7668a. Same; provision restricting amount suspended during 1918—That portion of the Act making appropriations for the Diplomatic and Con- Sular Service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, which provides “that no more than 50 cents per day for the keeping and feeding of each prisoner while actually confined shall be allowed or paid for any such keeping and feeding,” Shall not be Operative during the fiscal year nineteen hundred and eighteen. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 346.) - - (R. S. §§ 4123, 4124. Superseded.) R. S. § 4123, authorized the President to allow, in the c. 52, adjustment of the accounts of the consul at Kanagawa, - | the actual expense of the rent of a building used as a prison for American convicts in Japan, not to exceed $750 a year; and also the wages of keepers of the same, and for the care of offenders, not to exceed $2,500 a year, and to allow in the adjustment of the accounts of the consuls at other ports in Japan the actual expense of the hire of constables and the care of offenders, not to exceed $2,500. R. S. § 4124, authorized the Secretary of State to rent, furnish and keep suitable buildings in Jeddo, or other place, for a court-house and jail, at an annual cost not exceeding $5,000. the abolition of consular courts in Japan by the Treaty of Nov. 22, 1894, art. 18, 29 Stat. 853. § 7669. Provisions of Title extended to Tur- key–The provisions of this Title, so far as the same relate to crimes and offenses Committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eight- een hundred and thirty, and shall be executed in the Ottoman dominions in conformity with the provisions of the treaty, and of this Title, by the minister and the consuls appointed to reside therein, who are here- by ex-officio vested with the powers herein conferred upon the ministers and consuls in China, for the pur- poses above expressed, so far as regards the punish- ment of crime, and also for the exercise of jurisdic- tion in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks, Or Other foreign Christian nations. (R. S. § 4125.) See §§ 7670, 7671. - § 7670. Jurisdiction of Turkish and Egyptian courts—Whenever the President of the United States shall receive satisfactory information that the Otto- man government, or that of Egypt, has organized oth- er tribunals On a basis likely to secure to citizens of the United States, in their dominions, the same impartial justice which they now enjoy there under the judicial functions exercised by the minister, con- suls, and other functionaries of the United States, pursuant to the act of Congress approved the twen- ty-second of June, eighteen hundred and sixty, en- titled “An Act to carry into effect provisions of the treaties between the United States, China, Persia, and other countries, giving Certain judicial powers to ministers and Consuls, or other functionaries of the United States in those countries, and for other purposes,” he is hereby authorized to suspend the operations of said acts as to the dominions in which such tribunals may be organized, so far as the juris- diction Of Said tribunals may embrace matters now cognizable by the minister, consuls, or other function- aries of the United States in said dominions, and to notify the government of the Sublime Porte, or that of Egypt, or either of them, that the United States, These sections became inoperative by. during such suspension will, as aforesaid accept for their citizens the jurisdiction of the tribunals afore- said over citizens of the United States which has heretofore been exercised by the minister, consuls, or other functionaries of the United States. (March 23, 1874, c. 62, § 1, 18 Stat. 23.) - See §§ 7633-7641, 7643-7666, 7674, 7676. Suspension of ju- risdiction of consular courts in Turkey and Egypt, See 19 Stat. 652. - - § 7671. Turkish law ceding right to hold im- movables—The President is hereby authorized for the benefit of American citizens residing in the Turk- ish dominions, to accept the recent law of the Otto- man Porte ceding the right of foreigners possessing immovable property in said dominions. (March 23, 1874, c. 62, § 2, 18 Stat. 24.) - See 18 Stat. 850. - § 7672. Provisions of Title extended to Persia. —The provisions of this Title shall extend to Per- sia, in respect to all suits and disputes which may arise between citizens of the United States therein; and the minister and Consuls who may be appointed to reside in Persia are hereby invested, in relation to such suits and disputes, with such powers as are by this Title conferred upon the ministers and con- Suls in China. All suits and disputes arising in Per- sia between Persian subjects and citizens of the Unit- . . . ed States-shall be carried before the Persian tribunal to which such matters are usually referred, at the place where a Consul or agent of the United States may reside, and shall be discussed and decided a C- Cording to equity, in the presence of an employé of the consul Ór agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. All suits and disputes occurring in Persia between the Citizens Of the United States and the Subjects Of Oth- er foreign powers, shall be tried and adjudicated by the intermediation Of their respective ministers Or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the Unit- ed States for the time being, and the ministers Of such foreign powers, respectively, which regulations shall from time to time be submitted to the Secre- tary of State. (R. S. § 4126.) § 7673. Provisions of Title extended to Tripo- Ii, Tunis, Morocco, Muscat, and Samoan Islands, and other countries—The provisions of this title, So far as the same are in conformity with the stipu- lations in the existing treaties between the United States and Tripoli, Tunis, Morocco, Muscat, and the Samoan or Navigator Islands, respectively, shall ex- tend to those countries, and shall be executed in COn- formity with the provisions of the treaties and of the provisions of this title by the consuls appointed by the United States to reside therein, who are hereby ex officio invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in Sec- tion four thousand and eighty-three, so far as the same can be exercised under the provisions of treaties between the United States and the Several COuntries mentioned in this section, and in accordance With the usages of the countries in their intercourse with the Franks or other foreign Christian nations. And whenever the United States shall negotiate a treaty with any foreign government, in which the American consul-general or consul shall be clothed with judicial authority, and securing the right of trial to American citizens residing therein before Such Consul-general or consul, and containing provisions similar to Or like those contained in the treaties with the governments named in this act, then said title, so far as the same may be applicable, shall have full force in reference to said treaty, and shall extend to the country of the government negotiating the same. (R. S. § 4127, amended, June 14, 1878, c. 193, 20 Stat. 131.) § 7674. Judicial duties devolving on Secre- tary of State—If at any time there be no minister in 3 7675 (Tit. 47 FOREIGN RELATIONS [Page 1206] either of the COuntries hereinbefore mentioned, the judicial duties which are imposed by this Title upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge the same. (R. S. § 4128.) • .º. § 7675. Provisions of Title extended to other countries—The provisions Of this Title relating to the jurisdiction of consular and diplomatic officers over civil and criminal cases in the countries therein nam- ed, shall extend to any country of like character with which the United States may hereafter enter into treaty relations. (R. S. § 4129.) § 7676. “Minister” and “consul” defined—The word “minister,” when used in this title shall be understood to mean the person invested with, and eX- ercising, the principal diplomatic functions. The Word “Consul” shall be understood to mean any per- Son invested by the United States With, and exercis- ing, the functions of consul-general, [vice Consul-gen- eral, consul or vice-consul. (R. S. $ 4130, amended, Feb. 1, 1876, c. 6, 19 Stat. 2.) Text in brackets superseded by § 3140a. EMBARGo ON EXPORTS § 7677. War material—Whenever the President shall find that in any American Country conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under Such limi- tations and exceptions as the President shall pre- scribe any arms or munitions of war from any place in the United States to such country until Other- wise ordered by the President or by Congress. (April 22, 1898, No. 25, 30 Stat. 739, amended, March 14, 1912, No. 10, § 1, 37 Stat. 630.) § 7678. Same; punishment—Any shipment of material hereby declared unlawful after such a proc- lamation shall be punishable by fine not exceeding ten thousand dollars, or imprisonment not exceeding two years, or both. (April 22, 1898, No. 25, 30 Stat. 739, amended, March 14, 1912, No. 10, § 2, 37 Stat. 630.) § 7678a. Exports in time of war; proclama- tion by President–Whenever during the present war the President shall find that the public safety shall SO require, and shall make proclamation thereof, it shall be unlawful to export from Or ship from Or take Out Of the United States to any Country nam- ed in such proclamation any article Or articles mentioned in Such proclamation, except at such time Or times, and under Such regulations and orders, and subject to such limitations and excep- tions as the President shall prescribe, until other- wise ordered by the President or by Congress: Pro- Vided, however, That no preference shall be given to the ports of One State over those of another. (June 15, 1917, c. 30, title VII, § 1, 40 Stat. 225.) - Proclamations under this section : July 9, 1917, as follows, omitting formal portions: “And whereas, the public safety requires that succor shall be prevented from reaching the enemy; “Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern that, except at such time or times and under Such regulations and orders and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress, the following articles, namely: Coal, coke, fuel oils, kerosene and gasoline, including bunkers; food grains, flour and meal therefrom, fodder and feeds, meat and fats; pig iron, steel billets, ship plates and structural Shapes, scrap iron and scrap steel; ferromanganese; fer- tilizers; arms, ammunition and explosives, shall not, on and after the fifteenth day of July, 1917, be carried out of Or exported from the United States or its territorial pos- Sessions to Abyssinia, Afghanistan, Albania, Argentina, Austria-Hungary, Belgium, her colonies, possessions or protectorates, Bolivia, Brazil, Bulgaria, China, Chile, Co- lombia, Costa Rica, Cuba, Denmark, her colonies, pos- Sessions or protectorates, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Germany, her colonies, possessions or protectorates, Great Britain, her colonies, possessions or protectorates, Greece, Guatemala, Haiti, Honduras, Italy, her colonies, posses— Sions or protectorates, Japan, Liberia, Leichtenstein, Lux- emburg, Mexico, Monaco, Montenegro, Morocco, Nepal, Nicaragua, The Netherlands, her colonies, possessions, or protectorates, Norway, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions, or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Spain, her colonies, possessions or protectorates, Sweden, Switzerland, Uruguay, Venezuela, or Turkey. “The orders and regulations from time to time prescrib- ed will be administered by and under the authority of the Secretary of Commerce, from whom licenses, in con- formity with the said orders and regulations, will issue.” August 27, 1917, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern that the public safety requires that, ex- cept at Such time or times, and under such regulations and Orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress, the following articles, namely: all kinds of arms, guns, ammunition, and ex- plosives, machines for their manufacture or repair, com- ponent parts thereof, materials or ingredients used in their manufacture, and all articles necessary or conven- ient for their use; all contrivances for or means of trans- portation on land Or in the water or air, machines used in their manufacture or repair, component parts thereof, ma– terials or ingredients used in their manufacture, and all instruments, articles and animals necessary or convenient for their use; all means of communication, tools, im- plements, instruments, equipment, maps, pictures, papers and other articles, machines and documents necessary or convenient for carrying on hostile operations; coin, bul- lion, currency, evidences of debt, and metal, materials, dies, plates, machinery and other articles necessary or Convenient for their manufacture; all kinds of fuel, food, food-stuffs, feed, forage and clothing, and all articles and materials used in their manufacture; all chemicals, drugs, dye-stuffs and tanning materials; cotton, wool, silk, flax, hemp, jute, sisal and other fibres and manufactures there- of; all earths, clay, glass, sand and their products; hides, Skins and manufactures thereof; non-edible animal and Vegetable products; machinery, tools and apparatus; med- ical, Surgical, laboratory and sanitary supplies and equip- ment; all metals, minerals, mineral oils, ores, and all derivatives and manufactures thereof; paper pulp, books and printed matter; rubber, gums, roSins, tars and waxes, their products, derivatives and substitutes, and all articles Containing them ; wood and wood manufactures; coffee, Cocoa, tea and spices; wines, spirits, mineral Waters and beverages: shall not, on and after the 30th day of Au- gust in the year One Thousand Nine Hundred and Seven- teen, be exported from or shipped from or taken out of the United States or its territorial possessions to Albania, Austria-Hungary, that portion of Belgium occupied by the military forces of Germany, Bulgaria, Denmark, her colo- nies, possessions or protectorates, Germany, her colonies, possessions or protectorates, Greece, Leichtenstéin, Lux- embourg, The Kingdom of the Netherlands, Norway, Spain, her colonies, possessions' or protectorates, Sweden, Switzer- land or Turkey (excluding any portion of the foregoing oc- cupied by the military forces of the United States or the nations associated with the United States in the war), or any territory occupied by the military forces of Germany or her allies; and “I do hereby further proclaim to all whom it may concern that the public safety requires that, except at such time or times, and under such regulations and orders, and sub- ject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress, the following articles, namely: coal; coke; fuel oils, lubricating oils, hand-lantern oil, naptha, ben- Zine, red oil, kerosene and gasoline; all bunkers; food grains, flour and meal therefrom, corn flour, barley, rice flour, rice, oat meal and rolled oats : fodder and feeds, oil-cake, oil-meal cake, malt and peanuts; all meats and fats, poultry, cottonseed oil, corn oil, copra, desiccated cocoanuts, butter, fresh, dried and canned fish, edible or in edible grease of animal or vegetable origin, linseed oil, lard, tinned milk, peanut oil and butter, rapeseed oil, tal- low, tallow candles and Stearic acid; Sugar, glucose, Syrup and molasses; pig iron, ferro-Silicon and Spiegel- eisen; steel ingots, billets, blooms, slabs and sheet bars; iron and steel plates, including ship, boiler, tank and all other iron and steel plates one-eighth of an inch thick and heavier, and Wider than six inches; iron and Steel struc- tural shapes, including beams, channels, angles, tees and zees of all sizes; fabricated structural iron and steel, in- cluding beams, channels, angles, tees, Zees and plates, fabricated and shipped knocked down; Scrap iron and scrap steel; ferro manganese; tool steel, high-Speed steel and alloy steels and machine tools; Steel-hardening ma- terials; fertilizers, including Cattle and Sheep manure, nitrate of soda, poudrette, potato manure, potassium salts, land plaster, potash, cyanamide, phosphoric acid, phosphate rock, super-phosphate, chlorate of potash, bone meal, bone flour, ground bone, dried blood, a.mmonia and ammonia, salts, acid phosphates, guano, humus, hardwood ashes, soot, anhydrous ammonia; aeronautical machines and in- struments, their parts and accessories thereof; arms and ammunition; all explosives, nitrate of potash, rosiń, salt- Tit. 47) # 7678a FOREIGN RELATIONS IPage 1207I petre, turpentine, ether, alcohol, sulphur, sulphuric acid and its salts, acetone, nitric acid and its salts, benzol and its derivatives, phenol (carbolic acid) and its derival- tives, toluol and its derivatives, mercury and its salts, glycerine, potash and its salts, all cyanides and films; car- rier and other pigeons; anti-aircraft instruments, ap- paratus and accessories; all radio and wireless apparatus and its accessories; optical glass, optical instruments and reflectors; cotton and cottom linters; Wool, Wool rags, wool and khaki clippings and wool products; flax, sisal, jute, hemp and all manufactures thereof; hides, skins, leather, leather belting, sole and upper leather, leather boots and shoes, harness and saddles and leather clothing; soap and soap powders; all engines and motors Operated by steam, gas, electricity or other motive power and their - accessories; metal and wood-working machinery ; oil well casing, oil well drilling implements and machinery and the accessories thereof; steam boilers, turbines, condens- ers, pumps and accessories thereof; all electrical equip- ment; crucibles; emery, emery wheels, carborundum and all artificial abrasives; copper, including copper ingots, bars, rods, plates, sheets, tubes, wire and Scrap thereof; lead and white lead; tin, tin plate, tin cans and all arti- cles containing tin; nickel, aluminum, zinc, plumbago and platinum; news-paper, print-paper, wood pulp and Cel- lulose; ash, spruce, walnut, mahogany, oak and birch woods; and industrial diamonds: shall not, on and after the 30th day of August in the year One Thousand Nine Hundred and Seventeen, be exported from, Shipped from or taken out of the United States or its territorial pos- sessions to Abyssinia, Afghanistan, Argentina, that por- tion of Belgium not occupied by the military forces of Germany or the colonies, possessions or protectorates of Belgium, Bolivia, Brazil, China, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, France, - her colonies, possessions or protectorates, Guatemala, Haiti, Honduras, Italy, her colonies, possessions or protectorates, Great Britain, her colonies, possessions or protectorates, Japan, Liberia, Mexico, Monaco, Montenegro, . Morocco, Nepal, Nicaragua, the colonies, possessions or protectorates of The Netherlands, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay, Venezuela (excluding any portion of the fore- going occupied by the military forces of Germany or her allies), or any territory occupied by the military forces of the United States or by the nations associated With the TJnited States in the War. “The regulations, orders, limitations and exceptions pre- scribed will be administered by and under the authority of the Exports Administrative Board, from Whom licenses, in conformity with said regulations, orders, limitations arid exceptions, will issue.” September 7, 1917, as follows, omitting formal portions: “And whereas the President has heretofore by proclama- , tion, under date of the twenty-seventh day of August in the year One Thousand Nine Hundred and Seventeen, de- clared certain exports in time of war unlawful, and the President finds that the public safety requires that such proclamation be amended and supplemented in respect to the articles hereinafter mentioned; “Now, therefore, I, Woodrow Wilson, President of the United States of America, ćio hereby proclaim to all Whom it may concern that the public safety requires that, , ex- cept at such time or times, and under Such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise Ordered by the President or by Congress, the following articles, name- ly: coin, bullion and curreney : shall not, on and after the 10th day of September in the year One Thousand Nine Hundred and Seventeen, be exported from or shipped from or taken out of the United States or its territorial pOSSes- sions to Albania, Austria-Hungary, Belgium, Bulgaria, Denmark, her colonies, possessions or protectorates, Ger- many, her colonies, possessions or protectorates, Greece, Leichtenstein, Luxembourg, The Kingdom of the Nether- lands, Norway, Spain, her colonies, possessions, or pro- tectorates, Sweden, Switzerland or Turkey, Abyssinia, Af- ghanistan, Argentina, Bolivia, Brazil, China, Chile, Co- lombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Guatemala, Haiti, Honduras, Italy, her colonies, posses- sions or protectorates, Great Britain, her colonies, posses- sions or protectorates, Japan, Liberia, Mexico, Monaco, 1Montenegro, Morocco, Nepal, Nicaragua, the Colonies, pos- sessions or protectorates of The Netherlands, Oman, Pana- ma, Paraguay, Persia, Peru, Portugal, her colonies, pos- sessions or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay, or Venezuela. “The regulations, orders, limitations and exceptions pre- scribed will be administered by and under the authority of the Secretary of the Treasury, from whom licenses in conformity with said regulations, orders, limitations and £xceptions will issue. - “Except as hereby amended and supplemented, the above mentioned proclamation under date of August 27, 1917, shall continue in full force and efféct.” November 28, 1917, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the TJnited States of America, Do Hereby Proclaim to all who it may concern, that the public safety requires that the following articles (in addition to the articles controlled by the Second division of the Proclamation of August 27, 1917), namely: iron and steel wire rope, cable and strands consisting of six or more wires; stud link chain cable; micrometers and calipers; lathe chucks; antimony, an- timony ore, asbestos, balata, .mica, mica, Splittings, stron- tium Ores, titanium, Wolframite and iridium; arsenic and its compounds, opium, caustic soda, soda ash, methylethyl ketone and wood alcohol; acetic acid, glacial acetic acid, acetate of cellulose and all acetates; animal oils and Vege- table oils; beans, eggs, peanut meal, flaxseed, Soya bean meal, Soya bean oil, starch, canned peas, canned tomatoes, canned corn, dried prunes, dried a pricots, dried apples, dried raisins and dried peaches; quebracho and chestnut extracts; vegetable fibre bags and bagging, except Cotton. bags and bagging ; rubber, Sponges, gutta-joolatong, gutta- percha, gutta-Siak, shellac, Seedlac and cinchona bark; hospital gauze and surgical instruments; yellow pine wood measuring 1/x:1/x 25" and larger sizes; and poster paper: shall not, on and after the first day of December in the year One Thousand Nine Hundred and Seventeen, be exported from or shipped from or taken out of the United States or its territorial possessions to Abyssinia, Afghanistan, Argentina, Belgium, her colonies, possessions : or protectorates, Bolivia, Brazil, China, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Great Britain, her colonies, possessions or protectorates, Guate- mala, Haiti, Honduras, Italy, her colonies, possessions or protectorates, Japan, Liberia, Mexico, Monaco, Montenegro, Morocco, Nepal, Nicaragua, the colonies, possessions or protectorates of The Netherlands, Oman, Panama, Para- guay, Persia, Peru, Portugal, her colonies, possessions. Or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay or Venezuela, or to any territory occupied by the military forces of the United States or the nations associated with the United States in the War, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the Président shall prescribe, until otherwise Ordered by the President or by Congress. “The regulations, orders, limitations and exceptions pre- scribed will be administered by and under the authority of the War Trade Board, from whom licenses, in Con- formity with said regulations, orders, limitations and ex- ceptions, will issue. Said Proclamation of August 27, 1917, is hereby confirmed and continued, and all rules and regu- lations heretofore made in connection there with Or in pur- suance thereof, including the Executive Order of October 12, 1917, are iikewise hereby confirmed and continued and made applicable,to this proclamation.” February 14, 1918, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all Whom it may concern, that the public safety requires that the following articles, namely: all kinds of arms, guns, am- munition and explosives, machines for their manufacture or repair, component parts thereof, materials or ingredi- ents used in their manufacture, and all articles necessary or convenient for their use; all contrivances for Or means of transportation on land or in the Water or air, ma- chines used in their manufacture or repair, component parts thereof, materials or ingredients used in their manu- facture, and all instruments, articles and animals neces- sary or convenient for their use; all means of communi- cation, tools, implements, instruments, equipment, maps, pictures, papers and other articles, machines and docu- ments necessary or convenient for carrying on hostile operations; all kinds of fuel, food, foodstuffs, feed, forage and clothing, and all articles and materials used in their manufacture; all chemicals, drugs, dyestuffs and tanning materials; cotton, wool, silk, flax, hemp, jute, sisal and other fibres and manufactures thereof; all earths, clay, glass, sand, stone and their products; animals of every kind, their products and derivatives; hides, skins and manufactures thereof; all non-edible animal and Vegeta- ble products; all machinery, tools, dies, plates, and ap- paratus and materials necessary or convenient for their manufacture; medical, surgical, laboratory and Sanitary supplies and equipment; all metals, minerals, mineral oils, ores, and all derivatives and manifactures thereof; paper pulp, books and all printed matter and materials neces- sary or convenient for their manufacture; rubber, gums, rosins, tars and waxes, their products, derivatives and substitutes, and all articles containing them; Wood and Wood manufactures; Coffee, cocoa, tea and Spices; Wines, spirits, mineral waters and beverages; and all other ar- ticles of any kind whatsoever shall not, on and after the sixteenth day of February in the year One Thousand Nine Hundred and Eighteen, be exported from, or shipped from, or taken out of the United States or its territorial pos- sessions to Abyssinia, Afghanistan, Albania, Argentina, Austria-Hungary, Belgium, her colonies, possessions and protectorates, Bolivia, Brazil, Bulgaria, China, Chile, Co- lombia, Costa Rica, Cuba, Denmark, her colonies, pos- sessions and protectorates, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions and protectorates, Germany, her colonies, possessions and protectorates, Great Britain, her colonies, possessions and protectorates, Greece, Guatemala, Haiti, Honduras, Italy, her colonies, posses- sions and protectorates, Japan, Liechtenstein, Liberia, Lux- embourg, Mexico, Monaco, Montenegro, Morocco, Nepal, The Netherlands, her colonies, possessions and protector- 3 7678b (Tit. 47 FOREIGN RELATIONS IPage 12081 - - ates, Nicaragua, Norway, Oman, Panama, Paraguay, Per- sia, Peru, Portugal, her colonies, possessions and protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Spain, her colonies possessions and protector- ates, Sweden, Switzerland, Turkey, Uruguay, or Vene- Zuela, except under license granted in accordance with reg- ulations or orders and subject to such limitations and ex- ceptions as have heretofore been, or shall hereafter be prescribed in pursuance of the powers conferred by said Act of June 15, 1917. The said proclamations of July 9, 1917, August 27, 1917, September 7, 1917, and November 28, 1917, and paragraph II of the executive Order of October 12, 1917, are hereby confirmed and continued and all rules and regulations heretofore made in connection there with or in pursuance thereof are likewise hereby confirmed and continued and made applicable to this proclamation.” § 7678b. Same; punishments—Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking Out, any ar- ticle in violation of this title, or of any regulation Or Order made hereunder, shall be fined not more than $10,000, Or, if a natural person, imprisoned for not more than two years, or both; and any article SO delivered or exported, shipped, or taken Out, or SO attempted to be delivered or exported, Shipped, Or taken out, shall be seized and forfeited to the United States; and any officer, director, or agent of a COr- poration who participates in any such violation shall be liable to like fine or imprisonment, or both. (June 15, 1917, c. 30, title VII, § 2, 40 Stat. 225.) § 7678c. Same; refusal of clearance to vessels; plinishment for taking vessels out of port—When- ever there is reasonable cause to believe that any VeS- Sel, dolmestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in Which Such vessel is located is hereby all- thorized and empowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic, or foreign, for which clearance is required by law, and by formal notice Served upon the owners, master, or person, or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure Of Such vessel from the port, and it shall thereupon be un- lawful for such vessel to depart. Whoever, in Viola- tion of any of the provisions of this section shall take, or attempt to take, or authorize the taking of any Such vessel, out of port or from the jurisdiction of the United States, shall be fined not more than $10,000 or imprisoned not more than two years, Or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States. (June 15, 1917, c. 30, title VII, § 3, 40 Stat. 225.) § 7678ce. Same; application of preceding sec- tions—The provisions Of Title VII of an Act ap- proved June fifteenth, nineteen hundred and Seven- teen, entitled “An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign Commerce Of the United States, to punish es- pionage, and better to enforce the Criminal laws Of the United States, and for other purposes,” and the powers Conferred upon the President by Subsection (b) of section five of an Act approved October sixth, nine- teen hundred and seventeen, known as the “Trading with the Enemy Act,” shall, in so far as applicable to the exportation from or shipment from Or taking Out Of the United States Of Silver COin Or Silver bul- lion, continue until the net amount of silver required by Section two of this Act shall have been purchased as therein provided. (April 23, 1918, c. 63, § 9, 40 Stat.) - - - - § 7678d. Seizure of arms and other articles intended for export; authority to make; forfei- ture—Whenever an attempt is made to export or ship from or take Out Of the United States, any arms or munitions of War, or other articles, in violation of law, or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be ex- ported, or shipped from, or taken out of the United States, in violation of law, the several collectors, naval Officers, Surveyors, inspectors of customs, and marshals, and deputy marshals of the United States, and every Other person duly authorized for the purpose by the President, may seize and detain any articles or muni- tions of war about to be exported or shipped from, or taken Out of the United States, in violation of law, and the Vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter directed. If upon due inquiry as herein- after provided, the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken Out of the United States, the same shall be forfeited to the United States. (June 15, 1917, c. 30, title VI, § 1, 40 Stat. 223.) § 7678e. Same; application for and issue of warrant—It shall be the duty of the person making any Seizure under this title to apply, with due dili- gence, to the judge of the district Court of the United States, Or to the judge Of the United States district COUlrt Of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having juris- diction. Over the place within which the Seizure is made, for a warrant to justify the further detention Of the property SO Seized, which warrant Shall be granted only on Oath or affirmation showing that there is known or probable cause to believe that the proper- ty seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge refuses to issue the Warrant, or application therefor is not made by the person making the seizure within a reasonable time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that the Seizure was justified under the provisions of this title and issues his warrant accordingly, then the property shall be detained by the person seizing it un- til the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law On petition of the claimant, Or On trial Of Condemna- tion proceedings, as hereinafter provided. (June 15, 1917, c. 30, title VI, § 2, 40 Stat. 224.) § 7678f. Same; petition of owner for restora- tion; hearing—The owner or claimant of any prop- erty seized under this title may, at any time before Condemnation proceedings have been instituted, as hereinafter provided, file his petition for its restOra- tion in the district Court of the United States, Or the district court of the Canal Zone, or the court of first instance in the Philippine Islands, having jurisdic- tion over the place in which the seizure was made, whereupon the court shall advance the cause for hear- ing and determination with all possible dispatch, and, after causing notice to be given to the United States attorney for the district and to the person making the seizure, shall proceed to hear and decide whether the property seized shall be restored to the petitioner or forfeited to the United States. (June 15, 1917, c. 30, title VI, § 3, 40 Stat. 224.) , § 7678g. Same; libel and sale of property- Whenever the person making any seizure under this title applies for and obtains a warrant for the deten- tion of the property, and (a) upon the hearing and de- termination of the petition of the owner or claimant restoration is denied, or (b) the owner or claimant fails to file a petition for restoration within thirty days aft- er the seizure, the United States attorney for the dis- trict wherein it was seized, upon direction of the At- torney General, shall institute libel proceedings in the United States district Court, or the district COurt of the Canal Zone or the court of first instance Of the Philippine Islands' having jurisdiction over the Vlace wherein the seizure was made, against the property for condemnation; and if, after trial and hearing Of the issues involved, the property is condemned, it shall be disposed of by sale, and the proceeds thereof, less the Tit. 47) . 3 7679 FOREIGN RELATIONS legal costs and charges, paid into the Treasury. (June 15, 1917, c. 30, title VI, § 4, 40 Stat. 224.) § 7678h. Same; procedure on petition of own- er and libel; bornd for redelivery–The proceedings in such summary trials upon the petition of the OWner or claimant of the property seized, as Well as in the libel cases herein provided for, shall Conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any is- sue of fact joined in such libel cases, and all Such proceedings shall be at the suit of and in the name Of the United States: Provided, That upon the payment Of the costs and legal expenses of both the Summary trials and the libel proceedings herein provided for, and the execution and delivery of a good and sufficient bond in an amount double the value of the property seized, conditioned that it will not be exported or used or employed contrary to the provisions of this title, the court, in its discretion, may direct that it be de- livered to the owners thereof or to the claimants thereof. (June 15, 1917, c. 30, title VI, § 5, 40 Stat. 224.) - - § 7678i. Same; operation of Title—Except in those cases in which the exportation of arms and muni- tions of War Or other articles is forbidden by procla- mation or otherwise by the President, as provided in -Section one of this title, nothing herein contained Shall be construed to extend to, or interfere with any trade in Such commodities, conducted with any foreign port Or place wheresoever, or with any other trade Which might have been lawfully carried on before the pas- sage of this title, under the law of nations, or under the treaties Or Conventions entered into by the United States, or under the laws thereof. 30, title VI, § 6, 40 Stat. 225.) § 7678j. Same; release on payment of costs— TJpon payment of the costs and legal expenses incur- red in any such summary trial for possession or libel proceedings, the President is hereby authorized, in his discretion, to order the release and restoration to the owner or Claimant, as the case may be, Of any property seized Or Condemned under the provisions Of this title. (June 15, 1917, c. 30, title VI, § 7, 40 Stat. 225.) . § 7678k. Same; enforcement of Title—The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of this title. (June 15, 1917, c. 30, title VI, § 8, 40 Stat. 225.) DISTURBANCE OF FOREIGN RELATIONS § 7678l. Untrue statements to influence con- duct of foreign government to injury of United States—Whoever, in relation to any dispute or con- troversy between a foreign government and the Unit- ed States, shall willfully and knowingly make any un- true statement, either orally or in writing, under oath before any person authorized and empowered to ad- minister oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or in- tent to influence any measure of or action by the Government of the United States, or any branch there- Of, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title VIII, § 1, 40 Stat. 226.) - § 7678m. Falsely assuming or pretending to be diplomatic or consular officer—Whoever within the jurisdiction of the United States shall falsely as- Sume or pretend to be a diplomatic or consular, or Other official of a foreign government duly accredited as such to the Government of the United States with intent to defraud such foreign government or any per- SOn, and shall take upon himself to act as such, or in [Page 1209] (June 15, 1917, c. such pretended character shall demand or obtain, Or attempt to obtain from any person or from Said for- eign government, or from any officer thereof, any money, paper, document, or other thing of value, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title VIII, § 2, 40 Stat. 226.) - § 7678m. Acting as agent of foreign govern- ment without notice to Secretary of State—Who- ever, other than a diplomatic or consular Officer Or at- taché, shall act in the United States as an agent Of a foreign government without prior notification to the Secretary of State shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title VIII, § 3, 40 Stat. 226.) § 76780. “Foreign government” defined—The Words “foreign government,” as used in this Act and in Sections One hundred and fifty-six, One hundred and fifty-seven, One hundred and sixty-One, One hundred and seventy, One hundred and seventy-one, one hundred and seventy-two, One hundred and seventy-three, and two hundred and twenty of the Act of March fourth, nineteen hundred and nine, entitled “An Act to codify, revise, and amend the penal laws of the United States,” shall be deemed to include any Government, faction, or body of insurgents within a country with which the United States is at peace, which Govern- ment, faction, or body of insurgents may or may not have been recognized by the United States as a GOV- ernment. (June 15, 1917, c. 30, title VIII, § 4, 40 Stat. 226.) § 7678p. Conspiracy within United States to injure or destroy property of foreign government —If two or more persons within the jurisdiction Of the United States Conspire to injure or destroy Spe- cific property situated within a foreign Country and belonging to a foreign Government Or to any political Subdivision thereof with which the United States is at peace, Or any railroad, Canal, bridge, or other pub- lic utility so situated, and if one or more such per- SOns commits an act within the jurisdiction of the |United States to effect the object of the conspiracy, each of the parties to the conspiracy shall be fined not more than $5,000, or imprisoned not more than three years, or both. Any indictment or information under this section shall describe the specific property which it Was the object of the Conspiracy to injure or de- § (June 15, 1917, c. 30, title VIII, § 5, 40 Stat. .) CUBAN INDEPENDENCE § 7679. Cuban independence—In fulfillment of the declaration contained in the joint resolution ap- proved April twentieth, eighteen hundred and ninety- eight, entitled, “For the recognition of the independ- ence of the people of Cuba, demanding that the Gov- ernment of Spain relinquish its authority and gov- ernment in the island Of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters. and directing the President of the United States to use the land and naval forces Of the United States to carry these resolutions into effect,” the President is hereby authorized to “leave the government and con. trol of the island of Cuba to its people” so soon as a government shall have been established in said island under a constitution which, either as a part thereof Or in an Ordinance appended thereto, shall define the future relations of the United States with Cuba, sub- stantially as follows: I. Restrictions on treaties—That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize Or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgment in or control over any portion of said island. # 7679. (Tit. 47 FOREIGN RELATIONS II. Bestrictions on public debt—That said govern- 1ment shall not assume or contract any public debt, to pay the interest upon which, and to make reasona- ble sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after (lefraying the Current expenses of government shall be inadequate. III. Intervention by United States—That the govern- ment of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a govern- Iment adequate for the protection of life, property, and individual liberty, and for discharging the obliga- tions with respect to Cuba imposed by the treaty of Paris On the United States, now to be assumed and undertaken by the government of Cuba. IV. Ratification of acts of United States during military occupancy—That all Acts Of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights ac- quired thereunder shall be maintained and protected. V. Sanitation—That the government of Cubaºwill ex- ecute, and as far as necessary extend, the plans already devised or Other plans to be mutually agreed upon, for the Sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protec- tion to the people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein. VI. Title to Isle of Pines—That the Isle of Pines shall be omitted from the proposed constitutional bound- aries of Cuba, the title thereto being left to future adjustment by treaty. VII. Coaling or naval stations for United States— That to enable the United States to maintain the in- dependence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands nec- essary for coaling or naval stations at certain speci- fied points, to be agreed upon with the President of the United States. VIII. Treaty with United States—That by way of fur- ther assurance the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States. (March 2, 1901, c. 803, 31 Stat. 897.) Treaty, see 33 Stat. 2248. INTERNATIONAL BUREAUS, ETC. § 7680. International Union of American Jºepublics—For the Organization and establishment, under the direction of the Secretary Of State, Of “The International Union of American Republics for the prompt Collection and distribution of Commercial information,” “ * and the sums contributed by Other Almerican Republics for this purpose, when Col- lected, shall be covered into the Treasury. (July 14, 1890, c. 706, § 1, 26 Stat. 275.) § 7681. Buireau of American Republics—Com- Imercial Bureau of the American Republics, for the prompt Collection and distribution of commercial infor- Ination, as recommended by the International Amer- ican Conference, thirty thousand dollars. And of the Stims heretofore, or which may be hereafter, con- tributed by the other American Republics for this pur- pose, there shall be covered into the Treasury the amount necessary to reimburse the United States for the Sulm advanced beyond its contributive share [Page 121 OI for the maintenance of the Bureau of the American Republics. (March 1, 1893, c. 182, 27 Stat. 500.) § 7682. Same; control of—The Bureau of Amer- . ican Republics shall be placed under the control and direction of the Secretary of State. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 418.) • * § 7683. Disposition of receipts for support of Pan American Union—Pan American Union, * * : Any moneys received from the other American Republics for the support of the union shall be paid into the Treasury as a credit, in addition to the ap- propriation, and may be drawn therefrom upon requi- sitions of the chairman of the governing board of the union for the purpose of meeting the expenses of the union and of carrying out the orders of said gov- erning board. * * (April 15, 1918, c. 52, 40 Stat.) § 7684. International Bureau of Permanent Court of Arbitration—To meet the share of the United States in the expenses for the year nineteen hundred and One of the International Bureau Of the Permanent Court of Arbitration, created under arti- cle twenty-two of the convention concluded at The Hague, July twenty-ninth, eighteen hundred and ninety-nine, for the pacific settlement of international disputes, one thousand two hundred and fifty dollars. (March 22, 1902, c. 272, 32 Stat. 81.) § 7685. International Prison Commission- The United States shall continue as an adhering mem- ber of the International Prison Commission and par- ticipate in the work of said commission. The Secretary of the Treasury be, and he is hereby, authorized annually to pay the pro rata share of the United States in the administration expenses of the International Prison Commission and the neces- sary expenses of a commissioner to represent the Unit- ed States on said commission at its annual meetings, together with necessary clerical and other expenses, out of any money which shall be appropriated for such purposes from time to time by Congress. (Feb. 28, 1913, c. 86, 37 Stat. 692.) § 7686. President’s participation in interna- tional congress—Hereafter the Executive shall not extend or accept any invitation to participate in any international congress, conference, or like event, With- out first having specific authority of law to do SO. (March 4, 1913, c. 149, 37 Stat. 913.) INTERNATIONAL DISPUTES AND DISARMA- MENT. § 7686.a. Policy as to settlement of interna- tional disputes—It is hereby declared to he the pol- icy of the United States to adjust and settle its in- ternational disputes through mediation Or arbitration, to the end that war may be honorably avoided. It Jooks with apprehension and disfavor Union a general increase of armament throughout the world, but it realizes that no single nation can disarm, and that without a common agreement upon the Subject every considerable power must maintain a relative standing in military strength. (Aug. 29, 1916, c. 417, 39 Stat. 618.) § 7686b. President to invite conference of governments of world to consider disarmain ext- In view of the premises, the President is authorized and requested to invite, at an appropriate time, not later than the close of the war in Europe, all the great Governments of the world to send representa- tives to a conference which shall be charged with the duty of formulating a plan for a Court of arbitration or other tribunal, to which disputed questions be- tween nations shall be referred for adjudication and peaceful settlement, and to consider the question of disarmament and submit their recommendation to their respective Governments for approval. The Pres- ident is hereby authorized to appoint nine Citizens Of the United States, who, in his judgment, shall be qual- ified for the mission by eminence in the law and by devotion to the Cause Of peace, to be representatives Of the United States in Such a conference. . The Tit. 47) 3 7690 FOREIGN REI, ATIONS President shall fix the compensation of said repre- Sentatives, and such secretaries and other employees as may be needed. Two hundred thousand dollars, Or so much thereof as may be necessary, is hereby ap- propriated and set aside and placed at the disposal Of the President to carry into effect the provisions Of this paragraph. (Aug. 29, 1916, c. 417, 39 Stat. 618.) . $ 76.86c. Expenditures not to be made in case of establishment of international triburaal–If at any time before the construction authorized by this Act shall have been contracted for there shall have been established, with the cooperation of the United States of America, an international tribunal or tri- bunals competent to secure peaceful determinations of all international disputes, and which shall render un- Inecessary the maintenance of COmpetitive armaments, then and in that case such naval expenditures as may be inconsistent with the engagements made in the establishment of such tribunal or tribunals may be Suspended, when so ordered by the President of the United States. (Aug. 29, 1916, c. 417, 39 Stat. 618.) UNITED STATES COURT FOR CHINA § 7387. Establishment; sessions; seal; writs —A court is hereby established, to be called the Unit- ed States court for China, which shall have exclusive jurisdiction in all cases and judicial proceedings Whereof jurisdiction may now be exercised by United States consuls and ministers by law and by virtue Of treaties between the 'United States and China, ex- Cept in So far as the said jurisdiction is qualified by Section two of this Act. The said court Shall hold Sessions at Shanghai, China, and shall also hold Sessions at the cities of Canton, Tientsin, and Hankau at Stated periods, the dates of such sessions at each City to be announced in such manner as the court Shall direct, and a session of the court shall be held in each of these cities at least once annually. It shall be within the power of the judge, upon due notice to the parties in litigation, to open and hold court for the hearing of a special cause at any place permitted by the treaties, and where there is a United States Consulate, when, in his judgment, it shall be required by the Convenience of witnesses, or by some public The place of sitting of the court shall be interest. in the United States consulate at each of the cities, respectively. - - That the seal of the said United States court for China shall be the arms of the United States, engrav- ed On a circular piece of steel of the size of a half dollar, with these words on the margin, “The Seal of the United States Court for China.” The seal of Said Court shall be provided at the ex- pense Of the United States. - All writs and processes issuing from the said court, and all transcripts, records, copies, jurats, acknowl- edgments, and other papers requiring certification or to be under Seal, may be authenticated by said seal, and shall be signed by the clerk of Said Court. All processes issued from the said Court shall bear test from the day of such issue. (June 30, 1906, c. 3934, § 1, 34 Stat. 814.) - § 7688. Comsuls to China, to exercise limited jurisdiction; appeals to court; admiraistration of estates of decedents—Consuls of the United States in the cities of China to which they are respectively accredited Shall have the same jurisdiction as they now possess in civil cases where the sum or value of the property involved in the controversy does not exceed five hundred dollars United States money and in Criminal cases where the punishment for the Of- fense charged can not exceed by law one hundred dollars fine or sixty days’ imprisonment, or both, and shall have power to arrest, examine, and discharge accused persons Or Commit them to the said Court. From all final judgments of the consular court either party shall have the right of appeal to the United [Page 12111 States court for China: Provided, also, That ap- peal may be taken to the United States Court for China from any final judgment of the Consular courts Of the United States in Korea SO long as the rights of extraterritoriality shall obtain in favor of the United States. The Said United States COurt for China shall have and exercise supervisory Control Over the discharge by COnSuls and Vice-Consuls Of the duties prescribed by the laws of the United States relating to the estates of decedents in China. With- in sixty days after the death in China. Of any citizen Of the United States, Or any citizen Of any territory belonging to the United States, the consul or vice- consul whose duty it becomes to take possession of the effects of such deceased person under the laws Of the United States shall file with the clerk Of Said Court a sworn inventory of such effects, and shall as additional effects Come from time to time into his possession immediately file a supplemental inventory Or inventories Of the same. He shall also file with the Clerk of said Court within said sixty days a sched- Ule under oath of the debts of said decedent, so far as known, and a schedule or statement of all addi- tional debts thereafter discovered. Such consul or Vice-Consul shall pay no claims against the estate Without the written approval of the judge of said COUIrt, nor shall he make sale of any of the assets of ~ * said estate without first reporting the same to said judge and obtaining a written approval of said sale, and he shall likewise within ten days after any such Sale report the fact of such sale to said colirt, and the amount derived therefrom. The said judge shall have power to require at any time reports from “con- Suls or Vice-consuls in respect of all their acts and doings relating to the estate of any such deceased per- son. The said court shall have power to require where it may be necessary a special bond for the faithful performance of his duty to be given by any COnSul Or vice-consul into whose possession the es- tate of any such deceased citizen shall have come in Such amount and with such sureties as may be deem- ed necessary, and for failure to give such bond when required, or for failure to properly perform his duties in the premises, the court may appoint some other person to take charge of said estate, such person hav- ing first given bond as aforesaid. A record shall be kept by the clerk of said court of all proceedings in reSpéct of any such estate under the provisions here- of. (June 30, 1906, c. 3934, § 2, 34 Stat. 814.) $ 7689. Appeals from court—Appeals shall lie from all final judgments or decrees of said court to the United States circuit court of appeals of the ninth judicial circuit, and thence appeals and writs of error may be taken from the judgments or decrees Of the said circuit court of appeals to the Supreme Court of the United States in the same class of cas- eS as those in which appeals and writs Of error are permitted to judgments of said court of appeals in cases coming from district and circuit courts of the United States. Said appeals or writs of error shall be regulated by the procedure governing appeals Within the United States from the district Courts to the circuit Courts Of appeal, and from the Circuit courts of appeal to the Supreme Court of the United States, respectively, so far as the same shall be ap- plicable; and said Courts are hereby empowered to hear and determine appeals and Writs of error So taken. (June 30, 1906, c. 3934, § 3, 34 Stat. 815.) § 7690. Jurisdiction of court and of consular colºurts—Jurisdiction of Said United States Court, both original and on appeal, in civil and criminal matters, and also the jurisdiction Of the consular COUrts in China, shall in all cases be exercised in conformity with Said treaties and the laws Of the United States now in force in reference to the American Consular courts in China, and all judgments and decisions of said Consular Courts, and all decisions, judgments, and decrees of said United States Court, shall be en- & 7691 (Tit. 47 FOREIGN RELATIONS forced in accordance with said treaties and laws. But in all such cases when such laws are deficient in the provisions necessary to give jurisdiction Or to furnish suitable remedies, the common law and the law as established by the decisions of the Courts Of the United States shall be applied by said Court in its decisions and shall govern the same Subject to the terms of any treaties between the United States and China. (June 30, 1906, c. 3934, § 4, 34 Stat. 815.) § 7691. Procedure—The procedure of the said Court shall be in accordance, SO far as practicable, with the existing procedure prescribed for Consular COUlrts in China in a CCOrdance with the Revised Stat- utes of the United States: Provided, however, That the judge of the said United States court for China shall have authority from time to time to modify and Supplement said rules of procedure. The provisions Of Sections forty-One hundred and six and forty-One hundred and Seven Of the Revised Statutes . Of the United States allowing Consuls in certain Cases to Summon associates shall have no application to Said court. (June 30, 1906, c. 3934, § 5, 34 Stat. 816.) R. S. §§ 4106, 4107 are $$ 7651, 7652. § 7692. Officers; salaries—There shall be a dis- trict attorney, a marshal, and a clerk of said court, with authority possessed by the corresponding Officers Of the district CourtS in the United States as far as may be consistent with the conditions of the laws of the United States and Said treaties. The judge Of said court and the district attorney, who shall be lawyers of good Standing and experience, marshal, and Clerk shall be appointed by the President, by and with the advice and Consent of the Senate, and shall receive as salary, respectively, the sums of eight thousand dollars per annum for said judge, four thousand dollars per annum for said district attor- ney, three thousand dollars per annum for said mar- shal, and three thousand dollars per annum for said clerk. The judge of the said court and the district attorneys shall, when the sessions of the court are held at other cities than Shanghai, receive in addition to their Salaries their necessary expenses during such sessions not to exceed ten dollars per day for the judge and five dollars per day for the district attor- ney. (June 30, 1906, c. 3934, § 6, 34 Stat. 816.) § 7693. Tenure of office of judge and officers —The tenure of Office Of the judge Of Said Court Shall be ten years, unless sooner removed by the President for Cause ; the tenure Of Office of the Other Officials Of the Court shall be at the pleasure of the President. (June 30, 1906, c. 3934, § 7, 34 Stat. 815.) § 7694. Bond of Imarshal and clerk; deputies; compensation—The marshal and the clerk of said court shall be required to furnish bond for the faith- ful performance of their duties, in sums and with Sureties to be fixed and approved by the judge of the court. They shall each appoint, with the Written approval of said judge, deputies at Canton and Tientsin, who shall also be required to furnish bonds for the faithful performance Of their duties, which bonds shall be subject, both as to form and sufficien- cy of the Sureties, to the approval of the said judge. Such deputies shall receive COmpensation at the rate of five dollars for each day the sessions of the court are held at their respective Cities. The Office Of mar- shal in China now existing in pursuance of section forty-One hundred and eleven of the Revised Statutes is hereby abolished. (June 30, 1906, c. 3934, § 8, 34 Stat. 816.) § 7695. Fees of officers—The tariff of fees of Said officers of the court shall be the same as the tariff already fixed for the consular Courts in China, subject to amendment from time to time by order of the President, and all fees taxed and received shall be paid into the Treasury of the United States. (June 30, 1906, c. 3934, § 9, 34 Stat. 816.) § 7696. Judicial authority of consul-general at Shanghai, transferred to vice-consul general —The judicial authority and jurisdiction in civil IPage 12121 and Criminal cases now Wested in and reserved to the Consul-general of the United States at Shanghai, China, by the Act of June thirtieth, nineteen hundred and Six, entitled “An Act creating a United States Court for China and prescribing the jurisdiction there- Of,” shall, subsequent to June thirtieth, nineteen hun- dred and nine, be vested in and exercised by [a Vice- COnSul-general of the United States to be designated from time to time by the Secretary of State, and the consul-general at Shanghai shall thereafter be re- lieved of his judicial functions. (March 2, 1909, c. 235, 35 Stat. 679.) Text in brackets superseded by § 7696a. And see § 3140a. § 7696.a. Judicial authority formerly vested in consul general at Shanghai, and transfer- red to vice-consul general, vested in a vice- consul at Shanghai–The judicial authority and jurisdiction in civil and criminal cases vested in and reserved to the consul general of the United States at Shanghai, China, by the Act of June thir- tieth, nineteen hundred and six, entitled “An Act cre- ating a United States Court for China, and prescrib- ing the jurisdiction thereof,” and vested by the diplo- matic and consular appropriation Act approved March Second, nineteen hundred and nine, in the vice Con- sul general of the United States to be designated from time to time by the Secretary of State, shall subse- Quent to the approval of this Act be vested in and exercised by a vice consul of the United States at iºnal China. (March 4, 1915, c. 145, 38 Stat. PRACTICE OF PHARMACY AND SALE OF POI- SONS IN CONSULAR DISTRICTS IN CHINA $ 76.96b. Doing business without a license un- lawful; employment of Chinese subjects—On and after the first day of January, nineteen hundred and Sixteen, it shall be unlawful in the consular districts Of the United States in China for any person whose permanent allegiance is due to the United States not licensed as a pharmacist within the meaning of this Act to Conduct or manage any pharmacy, drug Or chemical store, apothecary shop, or other place of business for the retailing, Compounding, or dispens- ing of any drugs, chemicals, or poisons, or for the com- pounding of physicians’ prescriptions, or to keep ex- posed for Sale at retail, any drugs, chemicals, or poi- SOns, except as hereinafter provided, or, except as hereinafter provided, for any person whose permanent allegiance is due to the United States not licensed as a pharmacist within the meaning of this Act to com- pound, dispense, or sell, at retail, any drug, chemical, poison, or pharmaceutical preparation upon the pre- Scription of a physician, or otherwise, or to compound physicians' prescriptions, except as an aid to and un- der the proper supervision of a pharmacist licensed under this Act. And it shall be unlawful for any per- son, firm, or Corporation OWing permanent allegiance to the United States Owning partly or wholly or man- aging a pharmacy, drug store, or other place of busi- ness to CauSe Or permit any perSOn Other than a li- censed pharmacist to compqund, dispense, or sell at re- tail any drug, medicine, or poison, except as an aid to and under the proper Supervision. Of a licensed pharmacist: Provided, That where it is necessary for a person, firm, or Corporation whose permanent alle- giance is due to the United States and Owning partly or wholly Or managing a pharmacy, drug Store, Or other place of business to employ Chinese subjects to compound, dispense, or sell at retail any drug, medi- cine, or poison, such person, firm, Corporation, OWner, part owner, or manager of a pharmacy, drug store, or other place of business may employ such Chinese sub- jects when their character, ability, and age of twenty- one years Or over have been certified to by at least two recognized and reputable practitioners of medicine, or two pharmacists licensed under this Act whose perma- ment allegiance is due to the United States: Provided further, That nothing in this section shall be con- Tit. 47) 2 7696h FOREIGN REIATIONS [Page 1213] strued to interfere with any recognized and reputable practitioner Of medicine, dentistry, Or Veterinary Sur- gery in the compounding of his OWn prescriptions, Or to prevent him from Supplying to his patients such medicines as he may deem proper, except as herein- after provided; nor with the exclusively wholesale business of any person, firm, or corporation whose permanent allegiance is due to the United States deal- ing and licensed as pharmacists, or having in their employ at least One person who is so licensed, except as hereinafter provided; nor with the sale by persons, firms, Or Corporations whose permanent allegiance is due to the United States other than pharmacists of poisonous Substances sold exclusively for use in the arts, or as insecticides, when such substances are sold in unbroken packages bearing labels having plainly printed upon them the name of the contents, the Word “poison,” when practicable the name of at least One Suitable antidote, and the name and address of the vender. (March 3, 1915, c. 74, § 1, 38 Stat. 817.) See Title LVIB, Chapter J. º § 7696c. Application for license; require- ments; qualifications for license—Every person Whose permanent allegiance is due to the United States now practicing as a pharmacist or desiring to practice as a pharmacist in the consular districts in China shall file with the consul an application, duly verified under oath, setting forth the name and age of the applicant, the place or places at which he pursued and the time spent in the study of pharmacy, the ex- perience which the applicant has had in compounding physicians' prescriptions under the direction of a li- Censed pharmacist, and the name and location of the School Or College of pharmacy, if any, Of Which he is a graduate, and shall submit evidence sufficient to show to the satisfaction of said consul that he is Of good moral character and not addicted to the use Of alcoholic liquors or narcotic drugs so as to render him unfit to practice pharmacy: Provided, That ap- plicants shall be not less than twenty-one years of age and shall have had at least four years' experience in the practice of pharmacy or shall have served three years under the instruction of a regularly licensed pharmacist, and any applicant who has been graduat- ed from a school or college of pharmacy recognized by the proper board of his State, Territory, District Of Columbia, or other possession of the United States as in good standing shall be entitled to practice upon presentation of his diploma. (March 3, 1915, c. 74, § 2, 38 Stat. 818.) § 7696.d. Issue of license—If the applicant for li- cense as a pharmacist has complied with the require- ments of the preceding section, the consul shall issue to him a license which shall entitle him to practice pharmacy in the consular districts of the United States in China, subject to the provisions of this Act. (March 3, 1915, c. 74, § 3, 38 Stat. 819.) § 7696e. any person whose permanent allegiance is due to the United States to practice pharmacy in the consular districts of the United States in China may be re- voked by the consul if such person be found to have obtained such license by fraud, or be addicted to the use of any narcotic or stimulant, or to be suffering from physical or mental disease, in such manner and to Such extent as to render it expedient that in the interests of the public his license be canceled; or to be of an immoral character; or if such person be con- victed in any court of competent jurisdiction of any of— fense involving moral turpitude. It shall be the duty Of the consul to investigate any case in which it is discovered by him Or made to appear to his satisfaction that any license issued under the provisions of this Act is revocable and shall, after full hearing, if in his judgment the facts warrant it, revoke such license. (March 3, 1915, c. 74, § 4, 38 Stat. 819.) § 7696.f. Display of license in pharmacy—EV- ery license to practice pharmacy shall be conspicu- ously displayed by the person to whom the same has Revocation of license—The license of been issued in the pharmacy, drug store, or place Of business, if any, of which the said person is the OWI)- er or part owner or manager. (March 3, 1915, C. 74, § 5, 38 Stat. 819.) § 7696g. Sale unlawful, except on original written order or prescription of practitioner of medicine—It shall be unlawful for any person, firm, or Corporation whose permanent allegiance is due to the United States, either personally or by servant Or agent Or as the Servant or agent of any other perSOn or of any firm or corporation, to sell, furnish, or give away any cocaine, salts of cocaine, or preparation con- taining Cocaine Or salts of Cocaine, or morphine Or preparation containing morphine or salts of morphine, Or any Opium or preparation Containing Opium, Or any Chloral hydrate Or preparation containing Chloral hy- drate, except upon the original written order O2 pre- Scription of a recognized and reputable practitioner of medicine, dentistry, or veterinary medicine, which order or prescription shall be dated and shall Contain the name of the person for whom prescribed, Or, if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which Ordered and shall be signed by the person giving the Order or prescrip- tion. Such order or prescription shall be, for a pe- riod of three years, retained on file by the person, firm, or corporation who compounds or dispenses the article ordered or prescribed, and it shall not be COm- pounded Or dispensed after the first time except upon the written order of the original prescriber : Provid- ed., That the above provisions shall not apply to prep- arations COntaining not more than two grains of Opi- Ulm, Or not more than One-quarter grain of morphine, Or not more than one-quarter grain of cocaine, or not more than tWO grains Of chloral hydrate in the fluid Ounce, Or, if a Solid preparation, in One avoirdupois ounce. The above provisions shall not apply to prep- arations Sold in good faith for diarrhea and Cholera, each bottle or package of which is accompanied by Specific directions for use and caution against habitu- al use, nor to liniments Or Ointments sold in good faith as Such when plainly labeled “for external use Only,” nor to powder of ipecac and Opium, Commonly known as Dover’s powder, when sold in quantities not exceeding twenty grains: Provided further, That the provisions of this section shall not be construed to permit the selling, furnishing, giving away, or pre- scribing for the use of any habitual users of the same any cocaine, salts of cocaine, or preparation contain- ing Cocaine or salts of cocaine, or morphine or salts of morphine, or preparations containing morphine or Salts Of morphine, Or any Opium or preparation Con- taining Opium, Or any chloral hydrate or preparation Containing chloral hydrate. But this proviso shall not be Construed to prevent any recognized or reputable practitioner of medicine whose permanent allegiance is due to the United States from furnishing in good faith for the use of any habitual user of narcotic drugs Who is under his professional care such sub- Stances as he may deem necessary for their treatment, When such prescriptions are not given or substances furnished for the purpose of evading the provisions of this section. But the provisions Of this section shall not apply to sales at wholesale between jobbers, manu- facturers, and retail druggists, hospitals, and Scientif- ic or public institutions. (March 3, 1915, c. 74, § 6, 38 Stat. 819.) • * § 7696.h. Sale of certain poisons, unlawful, ex- cept in manner prescribed—It shall be unlawful for any person, firm, Or Corporation whose permanent allegiance is due to the United States to sell or deliv- er to any other perSOn any Of the following-described Substances, or any poisonous compound, combination, or preparation thereof, to wit: The compounds of and salts of antimony, arsenic, barium, chromium, copper, gold, lead, mercury, Silver, and zinc, the caustic hy- drates of Sodium and potassium, Solution or water of ammonia, methyl alcohol, paregoric, the concentrat- ed mineral acids, Oxalic and hydrocyanic acids and # 7696h (Tit. 47 FOREIGN RELATIONS [Page 1214] their salts, yellow phosphorus, Paris green, carbolic acid, the essential oils of almonds, pennyroyal, tansy, rue, and Savin; Croton Oil, creosote, chloroform, can- tharides, or aconite, belladonna, bitter almonds, col- Chicum, Cotton root, cocculus indicus, conium, canna- bis indica, digatalis, ergot, hyoscyamus, ignatia, lo- belia, Inux VOImica, physostigma, phytolacca, strophan- thūS, Stramonium, Veratrum viride, or any of the poisonous all-aloids or alkaloidal salts derived from the foregoing, or any other poisonous alkaloids or their Salts, Or any other virulent poison, except in the manner following, and, moreover, if the applicant be less than eighteen years of age, except upon the Written order of a person known or believed to be an adult. It shall first be learned, by due inquiry, that the person to Whom delivery is about to be made is aware Of the poisonous character of the substance and that it is desired for a lawful purpose, and the box, bottle, or other package shall be plainly labeled with the name of the substance, the word “Poison,” the name Of at least One suitable antidote, when practicable, and the name and address of the person, firm, or corpora- tion dispensing the Substance. And before delivery be made of any Of the foregoing substances, excepting solution or water of ammonia and Sulphate of copper, there shall be recorded in a book kept for that purpose the name Of the article, the quantity delivered, the purpose for which it is to be used, the date of delivery, the name and address of the person for whom it is procured, and the name of the individual personally dispensing the same; and said book shall be preserved by the owner thereof for at least three years after the date of the last entry therein. The foregoing pro- visions shall not apply to articles dispensed upon the Order of persons believed by the dispenser to be recog- nized and reputable practitioners of medicine, dentist- ry, or veterinary surgery: Provided, That when a physician Writes upon his prescription a request that it be marked or labeled “Poison” the pharmacist shall, in the case of liquids, place the same in a colored glass, roughened bottle, of the kind commonly known in trade as a “poison bottle,” and, in the case of dry Substances, he shall place a poison label upon the con- tainer. The record of sale and delivery above men- tioned Shall not be required of manufacturers and wholesalers who shall sell any of the foregoing sub- stances at wholesale to licensed pharmacists, but the bOX, bottle, Or Other package Containing such sub- stance, when sold at wholesale, shall be properly la- beled with the name of the substance, the word “Poi- son,” and the name and address of the manufacturer or wholesaler: Provided further, That it shall not be necessary, in sales either at wholesale or at retail, to place a poison label upon, nor to record the delivery of, the sulphide of antimony, or the oxide or carbo- nate of zinc, or Of colors ground in oil and intended for use as paints, Or Calomel; nor in the case of prep- arations containing any Of the substances named in this section, when a single box, bottle, or other package, Or When the bulk of One-half fluid Ounce or the Weight of One-half avoirdupois Ounce does not contain more than an adult medicinal dose of such substance; nor, in the case of liniments or Ointments sold in good faith as such, when plainly labeled “For external use Only”; nor, in the case of preparations put up and sold in the form of pills, tablets, or lozenges, contain- . ing any of the substances enumerated in this section and intended for internal use, when the dose recom- mended does not contain more than One-fourth of an adult medicinal dose of such substance. For the purpose of this and of every other section Of this Act no box, bottle, or other package shall be regarded as having been labeled “Poison” unless the word “Poison” appears conspicuously thereon, print- ed in plain, uncondensed gothic letters in red ink. (March 3, 1915, c. 74, § 7, 38 Stat. 820.) § 7696i. Fraudulent representations to evade or defeat restrietions—No person, firm, or CorpOra- tion whose permanent allegiance is due to the Unit- ed States seeking to procure in the consular districts Of the United States in China any substance the sale Of Which is regulated by the provisions of this Act Shall make any fraudulent representations so as to evade Or defeat the restrictions herein imposed. (March 3, 1915, c. 74, § 8, 38 Stat. 821.) § 7696.j. Preservation of originals of prescrip- tions compounded and copies thereof; inspection of prescriptions by consular officers; marking containers of drugs—Every person, firm, or corpo- Iration whose permanent allegiance is due to the United States owning, partly owning, or managing a drug store or pharmacy shall keep in his place of business a suitable book or file, in which shall be preserved for a period of not less than three years the Original Of every prescription compounded or dis- pensed at Such store or pharmacy, or a copy of such preSCription, except when the preservation of the Original is required by section six of this Act. Up- On request the owner, part owner, or manager of such Store Shall furnish to the prescribing physician, or to the person for whom such prescription was compound- ed Or dispensed, a true and correct Copy thereof. Any prescription required by section six of this Act, and any prescription for, or register of sales of, sub- Stances mentioned in Section six of this Act shall at all times be Open to inspection by duly authorized COnSular Officers in the COnsular districts of the Unit- ed States in China. No person, firm, or corporation Whose permanent allegiance is due to the United States Shall, in a Consular district, compound or dispense any drug or drugs or deliver the same to any other perSOn Without marking on the container thereof the name Of the drug or drugs Contained therein and directions for using the same. (March 3, 1915, c. 74, § 9, 38 Stat. 821.) & § 7696 k. Use of title of pharmacist by person not legally licensed—It shall be unlawful for any person whose permanent allegiance is due to the United States, not legally licensed as a pharmacist, to take, use, or exhibit the title of pharmacist, Or li- Censed Or registered pharmacist, Or the title of drug- gist Or apothecary, Or any other title or description of like import. (March 3, 1915, c. 74, § 10, 38 Stat. 821.) § 7696l. Violation of provisions of act a mis- demeanor; punishment; duty to enforce provi- sions—Any person, firm, or corporation, whose per- manent allegiance is due to the United States, violat- ing any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction there- Of Shall be punished by a fine of not less than $50 and not more than $100 or by imprisonment for not less than one month and not more than sixty days, Or by both such fine and imprisonment, in the discre- tion. Of the Court, and if the Offense be continuing in its character each week or part of a week during which it continues shall constitute a separate and distinct offense. And it shall be the duty of the Consular and ‘judicial officers of the United States in China to enforce the provisions of this act. (March 3, 1915, c. 74, § 11, 38 Stat. 821.) $ 76.96m. “Consul” defined—The word “Consul” aS used in this Act shall mean the Consular Officer in charge of the district concerned. (March 3, 1915, c. 74, § 12, 38 Stat. 822.) § 76.96m. Act, Feb. 23, 1887, e. 210, not mod- ified or revoked—Nothing in this Act shall be con- strued as modifying or revoking any of the provi- Sions Of the Act of Congress Of February twenty- third, eighteen hundred and eighty-seven, entitled “An Act to provide for the execution of the provisions of article second of the treaty concluded between the United States of America and the Emperor of China On the Seventeenth day of November, eighteen hun- dred and eighty, and proclaimed by the President of the United States the fifth day of October, eighteen Tit. 47) Ž 7699 FOREIGN REIATIONS [Page 1215I hundred and eighty-one.” (March 3, 1915, c. 74, § 13, 38 Stat. 822.) See §§ 8797-8799. AMERICAN NATIONAL RED CROSS § 7697. Reincorporation—Whereas on the twen- ty-second of August, eighteen hundred and Sixty-four, at Geneva, Switzerland, plenipotentiallies respective- ly representing Italy, Baden, Belgium, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurt: temberg and the Federal Council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from War; of ameliorating the condition of soldiers Wounded. On the field of battle, and particularly providing, among other things, in effect, that persons employed in hospi- tals and in according relief to the sick and Wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambu- lances and convoys of sick and wounded and an arm badge for individuals neutralized ; and Whereas said treaty has been ratified by all of Said nations, and by others subsequently, to the number of forty-three or more, including the United States of America; and Whereas the International Conference of Geneva. Of T eighteen hundred and sixty-three recommended “that there exist in every Country a committee whose mis- Sion consists in Co-Operating in times of War With the hospital service of the armies by all means in its power ;” and Whereas a permanent organization is an agency needed in every nation to carry out the purposes of said treaty, and especially to secure Supplies and to exe- cute the humane Objects contemplated by said treaty, with the power to adopt and use the distinctive flag and arm badge Specified by said treaty in article Sev- en, On which shall be the sign Of the Red CrOSS, for the purpose of co-operating with the “Comité Inter- national de Secours aux Militaires Blessés” (Inter- national Committee of Relief for the Wounded in War); and Whereas in accordance with the requirements and Customs Of Said international body Such an a SSOCia- tion adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-One, known as “The American National Association of the Red Cross,” re- incorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Colum- bia, and reincorporated by Act of Congress in June, nineteen huhdred; and - Whereas it is believed that the importance of the Work demands a repeal of the present charter and a reincorporation of the Society under Government su- pervision : Now, therefore, Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Board- man, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wil- son, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, Of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Willkes O’Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higgin- son, William Draper, Frederick H. Gillett, of Massa- chusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, Of Texas; George Gray, of Del- aware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of Cali- fornia ; Daniel C. Gilman, Eugene LOVering, Of Mary- land; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other perSOns to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successOrs, are hereby Created a body COrpOrate and politic in the District of Columbia. (Jan. 5, 1905, c. 23, § 1, 33 Stat. 599.) § 7698. Name of corporation; powers—The name of this corporation shall be “The American Na- tional Red Cross” and by that name shall have per- petual succession, with the power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to accept bequests for the purposes Of this Corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes herein- after designated, as an emblem and badge, a Greek red CrOSS On a white ground, as the same has been described in the treaty of Geneva, August twenty-sec- Ond, eighteen-hundred and sixty-four, and adopted . by the several nations acceding thereto; to ordain and establish by-laws and regulations not inconsistent With the laws Of the United States of America Or any State thereof, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this Act and promote the purposes of said organization; and the Corporation hereby created is designated as the Organization which is authorized to act in matters of relief under said treaty. In accordance with arti- Cle Seven of the treaty, the delivery of the brassard allowed for individuals neutralized in time of War shall be left to military authority. (Jan. 5, 1905, c. 23, § 2, 33 Stat. 600.) § 7699. Purposes—The purposes of this corpora- tion are and shall be- * First. To furnish volunteer aid to the sick and wound- ed of armies in time of war, in accordance with the Spirit and Conditions of the conference of Geneva of Oc- tober, eighteen hundred and sixty-three, and also of the treaty Of the Red Cross, or the treaty of Geneva, of August twenty-second, eighteen hundred and sixty- four, to which the United States of America gave its adhesion on March first, eighteen hundred and eighty- tWO. Second. And for said purposes to perform all the duties devolved upon a national society by each na- tion which has acceded to said treaty. - Third. To succeed to all the rights and property Which have been hitherto held and to all the duties which have heretofore been performed by the Ameri- can National Red Cross as a corporation duly incorpor- ated by Act of Congress June sixth, nineteen hundred, which Act is hereby repealed and the Organization Created thereby is hereby dissolved. I'ourth. To act in matters of voluntary relief and in accord with the military and naval authorities as a medium of Communication between the people of the United States of America and their Army and Navy, and to act in such mattei's between similar na- tional societies of other GOvernment and the people and the Army and Navy of the United governments through the “Comité International de Secours,” and the States of America. Fifth. And to continue and Carry on a System of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great na- tional Calamities, and to devise and Carry On measures for preventing the same. (Jan. 5, 1905, c. 23, § 3, 33 Stat. 600.) # 7700 (Tit. 47 FOREIGN RELATIONS § 7700. Fraudulent representations or use of insignia—From and after the passage of this Act it shall be unlawful for any person Within the juris- diction. Of the United States to falsely Or fraudulently hold himself Out as Or represent or pretend himself to be a member of or an agent for the American Na- tional Red Cross for the purpose of Soliciting, collect- ing, Or receiving money or material; or for any person to wear or display the sign of the Red Cross or any insignia Colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member Of Or an agent for the American National Red Cross. It shall be unlawful for any person, corporation, or aSSOCiation other than the American National Red CrOSS and its duly ‘authorized employés and agents and the army and navy sanitary and hospital authori- ties of the United States for the purpose of trade or as an advertisement to induce the sale of any article Whatsoever or for any business or charitable purpose to use within the territory of the United States of America and its exterior possessions the emblem of the Greek Red Cross on a white ground, or any sign Or insignia made or colored in imitation thereof or of the words “Red Cross” or “Geneva Cross” or any Combination of these words: Provided, however, That Ino person, Corporation, or association that actually used Or Whose assignor actually used the said emblem, Sign, insiglaia, Or words for any lawful purpose prior to January fifth, nineteen hundred and five, shall be deemed forbidden by this Act to continue the use thereof for the same purpose and for the same class Of goods. If any person violates the provision of this Section he shall be deemed guilty of a misdemeanor, and upon COrl Viction in any federal court shall be lia- ble to a fine of not less than one or more than five hun- dred dollars, or imprisonment for a term not exceed- ing One year, or both, for each and every offense. (Jan. 5, 1905, c. 23, § 4, 33 Stat. 600, amended, June 23, 1910, c. 372, § 1, 36 Stat. 604.) § 7701. Governing body; meetings—The govern- ing body of the said American National Red Cross Shall Consist, in the first instance, of a central com- mittee numbering eighteen persons, to be appointed in the manner following, namely: Six by the incorpora- tors herein named and twelve by the President of the United States, one of whom shall be designated by the President to act as chairman. It shall be the duty Of the Central committee to organize with as little delay as possible State and Territorial societies, including the District of Columbia, under Such rules as the Said Committee may prescribe. When six or more State or Territorial societies have been formed, thereafter the central Committee shall be composed as follows: Six to be appointed by the incorporators, six by the representatives Of the State and Territorial SOCieties at the annual meeting Of the incorporators and societies, and six by the President of the United States, One Of Whom shall be designated by him as Chairman and One each to be named by him from the Departments of State, War, Navy, Treasury, and Jus- tice. The first Six members Of the Central Committee elected by the incorporators at the first annual meet- ing, and the first Six members Of the Central Commit- tee elected by the State and Territorial delegates, Shall when elected Select by lot from their number two members to serve One year, two members to serve tWO years, and tWO members to serve three years, and each Subsequent election of members shall be for a period of three years or until their successors are duly elected and qualify. The six members Of the Cen- tral Committee appointed by the President at the an- nual meeting shall serve for One year. - The President shall fill as soon as may be any va- cancy that may occur by death, resignation, or other- wise in the chairmanship Or in the membership of the Central Committee appointed by him. And any vacancy that may OCCur in the six members Of the Central Com- mittee herein provided to be appointed by the incor- [Pilge 121GI porators or in the six to be appointed by the represen- tatives of the State Societies shall be filled by tempo- rary appointments to be made by the remaining mem- bers of the six in which the Vacancy Or vacancies may OCCur, Such appointees to Serve until the next annual meeting. - º The Central committee shall have power to appoint from its OWn members an executive COmmittee of Sev- en persons, five of whom shall be a quorum, who, when the Central Committee is not in Session, shall have and exercise all the powers of the central committee. The Secretary of War shall within thirty days after the passage of this Act Call a meeting at a time and place to be designated by him in the city of Washing- ton Of the incorporators hereunder, giving at least thirty days’ notice thereof in One or more newspap- ers, and the annual meeting of said incorporators, their associates and successors, shall thereafter be held in said city on Wednesday preceding the second Thursday in the month of December in each and every year. Fifteen members shall constitute a quo- rum at any annual Or Special meeting. Voting by proxy shall not be allowed at any meet- ing of the incorporators, annual or special, nor at any meeting of State or Territorial Societies Organized un- der the próvisions of this charter. (Jan. 5, 1905, c. 23, § 5, 33 Stat. 601, amended, Dec. 10, 1912, c. 1, § 1, 37 Stat. 647.) § 7702. Reports—The said American National Red CrOSS shall as soon as practicable after the first day Of July of each year make and transmit to the Secretary of War a report of its proceedings for the fiscal year ending June thirtieth next preceding, in- cluding a full, complete, and itemized report of re- Ceipts and expenditures of whatever kind, which re- port shall be duly audited by the War Department, and a COpy of said report shall be transmitted to Con- gress by the War Department. (Jan. 5, 1905, c. 23, § 6, 33 Stat. 602, amended, Feb. 27, 1917, c. 137, 39 Stat. 946.) § 7703. Repeal or amendment of act—Congress shall have the right to repeal, alter, or amend this Act at any time. (Jan. 5, 1905, c. 23, § 7, 33 Stat. 602.) § 7704. Endowment fund—The endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the in COrpOrators and their Succes- Sors under Such regulations regarding terms and ten- ure Of Office, accountability, and expense as said incor- porators and successors shall prescribe. (Jan. 5, 1905, c. 23, § 8, added, June 23, 1910, c. 372, § 2, 36 Stat. 604.) § 7705. Aid to land and naval forces in time of war—Whenever in time Of War, Or When War is im- minent, the President may deem the Cooperation and use Of the American National Red CrOSS With the Sani- tary Services Of the land and naval forces to be neces- Sary, he is authorized to accept the assistance tender- ed by the said Red CrOSS and to employ the same un- der the sanitary services of the Army and Navy in conformity with such rules and regulations as he may prescribe. (April 24, 1912, c. 90, § 1, 37 Stat. 90.) § 7706. Transportation and subsistence—When the Red Cross cooperation and assistance with the land and naval forces in time Of War Or threatened hostilities shall have been accepted by the President, the personnel entering upon the duty specified in sec- tion One Of this Act shall, While proceeding to their place of duty, while serving thereat, and while re- turning therefrom, be transported and subsisted at the cost and charge of the United States as civilian em- ployees employed with the said forces, and the Red Cross supplies that may be tendered as a gift and ac- cepted for use in the sanitary service shall be trans- ported at the cost and charge of the United States. (April 24, 1912, c. 90, § 2, 37 Stat. 91.) See §§ 1839, 1839a, 1963a, 1963b, 1963c, 1989a, 2498b, 3106. TITLE XLVIII—REGULATION OF COMMERCE AND NAVIGATION Chap. - Sec. 1. Registry and recording. . . . . . . . . . . . . . . . . . . . . . . . . . 7707 2. Clearance and entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7789 3. Tonnage duties. . . . . . * * * * * * * tº ſº us tº & tº dº ſº e º ºs º e º & tº e º ºs º º 7811 . Discriminating duties and reciprocal privileges 7825 5. Navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7833 Chapter One—Registry and Recording Sec. 7707. What are vessels of United States; officers to be citi- ZellS. - - 7707a. Suspension of provisions requiring watch officers to be Citizens, and requiring Survey, inspection, and meas- urement of foreign-built vessels admitted to registry. 7708. Officers’ licenses; exemption of officers of steam vessels from draft; pay and pension while in service of Unit- ed States. - 7709. Vessels entitled to registry; coastwise trade by foreign- built registered vessels; duty on foreign yachts; free admission of ship-building materials; ocean mail service contracts. 7709a. Provisional certificates of registry of vessels abroad. 7709aa. Foreign-built or registered vessels admitted to Amer- . ican registry engaging in coastwise trade during War. 7710. Registry of foreign-built vessels owned in part by citi- - ZellS. - 7711. Same; record of transfer to citizens. 7712. Same; inspection and measurement. . -- - - - - - - 7713. . sº taking--and-use-of vessels as cruisers or trans- t portS. 7714. American vessel taking foreign flag. 7714a. Wrecked vessels. - 7715. Vessels owned by corporations. 7716. New registry on death of officer of corporation. 7717. Oath º officer of corporation or managing owner or agent. - 7718. Nationalization of vessels in Alaska. 7719. Where vessels registered. 7720. Oath for registry by owner. 7721. Forfeiture for false swearing. 7722. Oath by master. 7723. Surrender of certificate of registry on loss of vessel, or purchase by foreigner. . . . . 7724. Carpenter’s certificate. 7725. Measurement of vessel. 7726. Same; certificate. 7727. Same; mode. 7728. Same; cabins or state-rooms for tonnage, 7729. Same; rules limited to what vessels. 7730. Tonnage. . . - 7731. Remeasurements. • . ; * • C3 7732. Space for crew; vessels affected. 7733. Regulations by Commissioner of Navigation. * 7734. Space for crew on sea-going vessels; hospital compart- - ments; sleeping rooms on steamboats; Washing plac- - es; forecastles. - . . . 7735. Measurement of foreign vessels; certificates. 7736. Form of register. - 7737. Same; variation. 7738. Certificates of registry; blanks. 7739. Same; issuing. 7740. Registry on purchase of vessel. . 7741. Surrender of certificate granted to purchaser. 7742. Registry by agent, - 7743. Surrender of certificate granted to agent. 7744. Forfeiture for false swearing by agent. 7745. Registry on sale under legal process. 7746. [Repealed.] - - 7747. Registry on sale abroad. 7748. Oath on loss of register. 7749. Surrender of certificate obtained on loss of original. 7750. Penalty for not obtaining new registry. . . 7751. New registry. On sale or alteration of vessel. 7752. Change of master. 7753. Failure to report sale to foreigners. 7754. Oath on entry. . - 7755. Transmission of surrender certificate to Treasury. 7756. Numbering registers. X- - 7757. Numbers for vessels. - 7758. Names and home ports marked on bow and stern. 7759. “Port” defined. 7760. Draft marked on stem and stern posts. 7761. Private signals and registry thereof. 7762. Change of name of registered vessel. 7763. Same. - - 7764. Same; regulations. 7765. Oath to obtain record of vessel owned by foreigner. 7766. Measurement for record. 7767. Certificate of record. - 7768. Change of master or name of recorded vessel. 7769. Production of certificate on entry. 7770. Fees of collector. 7771. Fees of Surveyors. COMP.ST.’18—77 Irase Chap. Sec. 6. Transportation of passengers and merchandise 7997 7. Log-books tº gº tº gº e º 'º g º e º º . . . . . . . tº e º e º sº e º sº e º e º e º e e 8036 8. Regulations for the suppression of piracy. . . . . . 8039 9. Surmmary trials for certain offenses against navigation laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8046 Sec. 7772. Regulation of fees for readmeasurement. 7773. Penalty for misconduct by officers. 7774. Penalty for neglect by officers. 7775. Penalty for fraudulent registry. Sea-letters; to what vessels issued. Same; making or using forged. Conveyance of vessels; lien by bottomry. Same; record of; acknowledgments. #730. Same; index of records. 7781. Same; certified copies of records. Same; interests named in bills of sale. Maritime lien for repairs and supplies; enforcement in I'êIſl. Persons presumed to have authority to procure repairs and supplies. - Same; officers and agents included with persons Speci- fied in preceding section; lien when want of authority to bind Vessel Was known. | . . . . . . Waiver of right to lien; to other rights and remedies. State statutes conferring liens Superseded. - Unrigged wooden vessels: notation of rebuilding on list of merchant vessels. . . . . . . . . -- - - - - - - - § 7707. What are vessels of United States; officers to be citizens—Wessels registered pursuant to law and no others, except 'such as shall be duly qualified according to law for carrying On the Coast- ing or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privi" leges appertaining to such vessels; but no Such VeS- sel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citi- zen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States. And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases fie citizens of the United States. The word “officers” shall include the chief engineer and each assistant engineer in charge of a. Watch. On vessels propelled wholly or in part by steam; and after the first day of January, eighteen hundred and ninety-seven, no person shall be qualified to hold a license as a commander or watch Officer of a mer- chant vessel of the United States who is not a native- born citizen, or whose naturalization as a citizen shall not have been fully completed. In cases where On a foreign voyage, Or on a VOyage from an Atlantic to a Pacific port of the United States, any such ves- sel is for any reason deprived of the services of an Officer below the grade of master, his place, or a va- cancy caused by the promotion of another officer to such place, may be Supplied by a person not a Citizen Of the United States until the first return Of Such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employ- ment of an alien officer. (R. S. $ 4131, amended, Jung 26, 1884, c. 121, § 1, 23 Stat. 53, and May 28, 1896, c. 255, §§ 1, 3, 29 Stat. 188, 189.) - § 7707 a. Suspension of provisions requiring watch offieers to be citizens and requiring sur- vey, inspection, and measurement of foreign- built vessels admitted to registry—The President of the United States is hereby authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by Order, so far and for such length of time as he may deem desirable, the provi- Sions of law prescribing that all the watch Officers of vessels of the United States registered for foreign trade shall be citizens of the United States. Under like Conditions, in like manner, and to like extent the President Of the United States is also here- by authorized to Suspend the provisions of the law 12171 * - 3 7708 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION º .I.Page 1218] requiring survey, inspection, and measurement by Officers Of the United States of foreign-built Vessels admitted to American registry under this Act. (Aug. 18, 1914, c. 256, § 2, 38 Stat. 699.) § 7708. Officers’ licenses; exemption of offi- cers of steam vessels from draft; pay and pen- sion while in service of United States—All li- censes issued to such officers shall be for a term of five years, but the holder of a license may have the same renewed for another five years in the manner prescribed in the rules and regulations of the Board of Supervising Inspectors: Provided, however, That any officer holding a license, and who is engaged in a Service which necessitates his continuious absence from the United States, may make application in Writing for renewal and transmit the same to the board Of local inspectors, with his certificate of Cit- izenship, if naturalized, and a statement of the ap- plicant, verified before a consul or other officer of the United States authorized to administer an Oath, Setting forth the reasons for not appearing in per- SOn ; and upon receiving the same the board of local in Spectors that Originally issued such license shall renew the same and shall notify the applicant of such renewal: Provided further, That no license as mas- ter, mate, Or pilot of any class of vessel shall be re- newed without furnishing a satisfactory Certificate Of examination as to Color blindness. And in all Cases where the issue is the suspension or revocation Of Such licenses, whether before the local boards of inspectors (of steam vessels), as provided for in sec- tion forty-four hundred and fifty of the Revised Statutes, or before the Supervising inspector, as pro- vided for in section forty-four hundred and fifty-two of the Revised Statutes, the accused shall be allowed to appear by COunsel and to testify in his Own be- half. No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two Of the Revised Statutes, pages forty-three hundred and ninety-nine to forty-five hundred, shall be liable to draft in time of war, except for the performance of duties Such as required by his license ; and while perform- ing such duties in the service of the United States every such master, mate, pilot, or engineer shall be entitled to the highest rate Of wages paid in the mer- chant marine Of the United States for Similar Serv- ices; and if killed or wounded while performing such duties under the United States, they, or their heirs, Or their legal representatives, shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army or Navy, under the pension laws of the United States. (May 28, 1896, c. 255, § 2, 29 Stat. 188, amended, Oct. 22, 1914, c. 334, 38 Stat. 765.) See § 7707. § 7709. Vessels entitled to registry; coast- wise trade by foreign-built registered vessels; duty on foreign yachts; free admission of ship- building. materials; ocean mail service contracts —Wessels built within the United States and belong- ing wholly to Citizens thereof; and vessels which may be Captured in war by citizens Of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo, wherever built, which are to engage only in trade with foreign countries or with the Philippine Islands and the islands Of Guam and Tutuila, being wholly Owned by Citizens Of the Unit- ed States Or Corporations Organized and Chartered under the laws of the United States or of any State thereof, the president and managing directors of Which shall be Citizens Of the United States Or COr- porations Organized and Chartered under the laws of the United States or of any State thereof, the presi- flent and managing directors of which shall be citi- zens of the United States, and no others, may be reg- istered as directed in this title. Foreign-built Ves- Sels registered pursuant to this Act shall not engage in the coastwise trade: Provided, That a foreign- built yacht, pleasure boat, or vessel not used or in- tended to be used for trade admitted to American registry pursuant to this section shall not be exempt from the Collection of ad Valorem duty provided in Section thirty-seven of the Act approved August fifth, nineteen hundred and nine, entitled “An Act to pro- Wide revenue, equalize duties, and encourage the in- dustries Of the United States, and for other pur- poses.” That all materials of foreign production Which may be necessary for the construction or re- pair Of Vessels built in the United States and all such materials necessary for the building or repair of their machinery and all articles necessary for their Outfit and equipment may be imported into the Unit- ed States free of duty under such regulations as the Secretary of the Treasury may prescribe: Provided further, That such vessels so admitted under the provisions Of this section may contract with the Post- master General under the Act of March third, eight- een hundred and ninety-one, entitled “An Act to pro- Wide for Ocean mail service between the United States and foreign ports, and to promote commerce,” so long as Such vessels shall in all respects comply with the provisions and requirements of said Act. (R. S. § 4132, amended, Aug. 24, 1912, c. 390, § 5, 37 Stat. 562, and Aug. 18, 1914, c. 256, § 1, 38 Stat. 698.) See §§ 5316, 7530–7538. § 7709a. Provisional certificates of registry of vessels abroad—Consular officers of the United States and such other persons as may from time to time be designated by the President for the purpose are hereby authorized to issue provisional certificates Of registry to Vessels abroad which have been pur- Chased by citizens of the United States, including COrpOrations, as defined in section forty-one hundred and thirty-two, Revised Statutes, as amended by the Panama-Canal Act and the Act of August eighteenth, Inineteen hundred and fourteen. (a) Such a provisional certificate shall entitle the VeSSel to the privileges of a vessel of the United States in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tu- tuila until the expiration of six months from its date Or until ten days after the vessel’s arrival at a port Of the United States, whichever first happens, and no longer. On arrival at a port of the United States the vessel shall become subject to the laws relating to Officers, inspection, and measurement, as amended by the Act of August eighteenth, nineteen hundred and fourteen. (b) The Secretary of Commerce shall prescribe the conditions in accordance with which such provisional Certificates shall be issued and the manner in which they shall be surrendered in exchange for certificates of registry at ports of the United States. (c) The form of such provisional certificate shall be prescribed by the Commissioner of Navigation and shall include the name of the ship and of the master, time and place of purchase and names of purchasers, and the best particulars respecting her tonnage, build, description, and inspection or survey which the Consular Officer is able to Obtain. (d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing of- ficer to the Commissioner of Navigation. (March 4, 1915, c. 172, § 1, 38 Stat. 1193.) See § 7709. § 7709aa. Foreign built or registered vessels admitted to American registry engaging in coast- wise trade during war—During the present War with Germany and for a period of One hundred and twenty days thereafter the United States Shipping Board may, if in its judgment the interests of the United States require, Suspend the present provi- sions of law and permit vessels of foreign registry, Ch. 1) & 7717 REGULATION OF COMMERCE AND NAVIGATION IPage 1219] and foreign-built vessels admitted to American reg- istry under the Act of August eighteenth, nineteen hundred and fourteen, to engage in the coastwise trade of the United States: Provided, That no such Vessel shall engage in the coastwise trade except up- On a permit issued by the United States Shipping Board, which permit shall limit or define the scope Of the trade and the time of such employment: Pro- Vided further, That in issuing permits the board Shall give preference to vessels of foreign registry Owned, leased, or chartered by citizens of the United States or corporations thereof: And provided fur- ther, That the provisions of this Act shall not apply to the Coastwise trade with Alaska or between Alas- kan ports. (Oct. 6, 1917, c. 88, 40 Stat. 392.) § 7710. Registry of foreign-built vessels own- ed in part by eitizens—The Secretary of the Treas- ury is hereby authorized and directed to grant reg- isters, as vessels of the United States, to such for- eign-built steamships now engaged in freight and passenger business, and sailing in an established line from a port in the United States, as are of a ton- Image Of not less than eight thousand tons, and Capa- ble of a Speed of not less than twenty knots per hour, according to the existing method of Govern- ment test for Speed, of which not less than ninety per centum of the shares of the capital of the foreign corporation or-association owning the same was own- ed January first, eighteen hundred and ninety, and has continued to be owned until the passage Of this act by citizens of the United States, including as such citizens corporations created under the laws of any of the States thereof, upon the American Owners of such majority interest obtaining a full and COm- plete transfer and title to such steamships from the foreign corporations owning the same: Provided, That such American owners shall, subsequent to the date of this law, have built, or have contracted to build, in American shipyards, steamships of an ag- gregate tonnage of not less in amount than that of the steamships so admitted to registry. Each steam- ship so built or contracted for to be of a tonnage of not less than seven thousand tons. (May 10, 1892, c. 63, § 1, 27 Stat. 27.) § 7711. Same; record of transfer to citizens —The Secretary of the Treasury, on being Satisfied that such steamships so acquired by American Citi- zens, or by such corporation or corporations as above set forth, are such as come within the provisions of this act, and that the American owners of such steam- ships, for which an American registry is to be grant- ed under the provisions hereof, have built or contract- ed to build in American shipyards Steamships Of an aggregate tonnage as set forth in the first section here- of, shall direct the bills of sale or transfer of the for- eign-built steamships so acquired to be recorded in the office of the collector of customs of the proper Col. lection district, and cause such steamships to be reg- istered as vessels Of the United States by said Col- lector. After which, each Of Such vessels shall be entitled to all the rights and privileges of a vessel. Of the United States, except that it shall not be em. ployed in the coastwise trade of the United States. (May 10, 1892, c. 63, § 2, 27 Stat. 27.) § 7712. Same; inspection and measurement— No further or other, inspection shall be required for the said Steamship or steamships than is now required for foreign Steamships carrying passengers under the existing laws of the United States, and that a Special Certificate of inspection may be issued for each Steamship registered under this act ; and that before issuing the registry to any such steamship as a Vessel. Of the United States the collector of Custom's Of the proper Collection district shall cause such steam- Ship to be measured and described in accordance with the laws Of the United States, which measurement and description shall be recited in the certificate of registry to be issued under this act. (May 10, 1892, c. 63, § 3, 27 Stat. 28.) ,' § 7713. Same; taking and use of vessels as cruisers or transports—Any steamships so register- ed under the provisions of this Act may be taken and used by the United States as cruisers or transports Upon payment to the Owners Of the fair actual Value Of the Same at the time of the taking, and if there Shall be a disagreement as to the fair actual value at the time of taking between the United States and the OWners, then the same shall be determined by two impartial appraisers, one to be appointed by each of Said parties, who, in case of disagreement, shall select a third, the award of any two of the three so chosen to be final and conclusive. (May 10, 1892, c. 63, § 4, 27 Stat. 28.) - (R. S. §§ 4.133, 4134. Repealed.) R. S. $ 4133, provided that no vessel should be entitled to be registered or, if registered, to the benefits of reg- istry, if owned, in whole or in part, by non-resident cit- izens, during the continuance of such non-residence, ex- Cept Where such non-residents were consuls, or agents for Or partners of some house of trade doing business in the TJnited States. R. S. § 4134, provided that no vessel should be entitled to registry, or, if registered, to the benefits of registry, if owned in whole or in part by a non-resi- dent naturalized citizen of the United States, except a consul or other agent of the United States ; but that any vessel, before registered, could be registered a new when sold to a citizen, upon satisfactory proof of citizenship of the purchaser. Both these sections were repealed by Act, March 3, 1897, c. 389, § 16, 29 Stat. 691. § 7714. American vessel taking foreign flag— No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and Which was licensed or otherwise authorized to Sail under a foreign flag, and to have “the protec- tion of any foreign government during the existence Of the rebellion, shall be deemed Or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry. (R. S. $ 4135.) § 7714 a. Wrecked vessels—The Secretary of Commerce may issue a register or enrollment for any vessel wrecked on the coasts of the United States or her possessions Or adjacent Waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States Or her possessions, if it shall be proved to the Sat- isfaction of the Secretary of Commerce, if he deems it necessary, through a board of three appraisers ap- pointed by him, that the said repairs put upon Such vessels are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal herein provided for shall be borne by the owner of the vessel: Provided further, That if any of the material matters of fact sworn to Or rep- resented by the owner, or at his instance, to obtain the register of any vessel are not true, there shall be a forfeiture to the United States of the vessel in re- spect to which the Oath shall have been made, to- gether with tackel, apparel, and furniture thereof. (R. S. $ 4136, re-enacted and revised, Feb. 24, 1915, c. 57, 38 Stat. 812.) • § 7715. Vessels owned by corporations—Regis- ters for vessels owned by any in Corporated company may be issued in the name of the president or 'secre- tary of such company; and such register shall not be Vacated or affected by sales of any shares of stock in such company. (R. S. $ 4137.) § 7716. New registry on death of officer of corporation—Upon the death, removal, or resignation of such president or secretary of any incorporated com- pany owning any vessel, a new register shall be taken out for such vessel. (R. S. $ 4138.) § 7717. Oath of 'officer of corporation or man- aging owner or agent—Previous to granting a regis- ter for any vessel owned by any incorporated com- pany, or by an individual or individuals, the presi. dent or secretary of such company, Or any other Officer or agent thereof, duly authorized by Said Counpany Ž 7718 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1220] in Writing, attested by the corporate seal thereof, to act for the company in this behalf, or the manag- ing Owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual Or individuals, Shall SWear to the OWnership Of the VeSSel Without designating the names Of the persons COmposing the Company, When such vessel is Owned by a Corporation, and the oath of either of said officers Or agents shall be deemed Sufficient without requir- ing the Oath of any other person interested and con- Cerned in Such vessel. (R. S. $ 4139, amended, June 24, 1902, c. 1155, § 1, 32 Stat. 398.) § 7718. Nationalization of vessels in Alaska— The Secretary of the Treasury may make such reg- ulations as he may deem expedient, for the nationali- Zation of all vessels owned by actual residents of the Territory of Alaska, on the twentieth day of June, eighteen hundred and sixty-seven, and which contin- ued to be so owned up to the date of such nationali- Zation. (R. S. § 4140.) § 7719. Where vessels registered—Every vessel. except as is hereinafter provided, shall be registered by the Collector of that collection-district which in- Cludes the port to which Such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the Owner, if there be but one, or, if more than one, the husband or act- ing and managing OWner of such vessel, usually re- sides. (R. S. § 4141.) § 7720. Oath for registry by owner—In Order to the registry of any vessel, an oath shall be taken and subscribed by the owner, or by one of the owners thereof, before the Officer authorized to make such registry, declaring, according to the best of the knowl- edge and belief of the person So Swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, and the year in which she was built; or that she has been cap- tured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, pro- ducing a copy of the sentence of condemnation, au- thenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of forfeiture; and declaring his name and place of abode, and if he be the sole own- er of the vessel, that Such is the case; Or if there be another Owner, that there is such. Other Owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each OWner; and Where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house Or Copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the case, that the person so Swearing is a citizen of the United States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, Or Otherwise, interested in such vessel, or in the profits or issues thereof; and that the master thereof is a citizen, naming the master, and Stating the means Whereby Or manner in which he is a citizen. (R. S. § 4142.) § 7721. Forfeiture for false swearing—If any Of the matters of fact alleged in the Oath taken by an OWner to obtain the registry Of any Vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, together with her tackle, apparel, and furniture, in respect to which the oath shall have been made, or of the Value thereof to be recovered, with the costs of Suit, Of the perSOn by whom the Oath was made. (R. S. § 4143.) § 7722. Oath by master—If the master of a ves- Sel is Within the district where a registry thereof is to be made, when application is made for regis- tering the same, he shall, himself, instead of the OWner, or of the agent or attorney, as hereinafter mentioned, make oath touching his being a citizen and the means whereby or manner in which he is a Citizen ; in which case, if the master shall know- ingly Swear to anything untrue, no forfeiture of the VeSSel, On a CCOunt of such false oath, shall be incur- red, but the master shall be liable to a penalty of one thousand dollars. (R. S. § 4144.) - (R. S. § 4145. Repealed.) This Section required as a condition precedent to reg- istry that the husband or acting and managing owner, and the master of the vessel, with surety, should give a bond to the United States. It was repealed by Act Jan. 16, 1895, c. 24, § 1, 28 Stat. 624. Section 6 of said repealing act provided that the bonds previously given should not be invalidated. § 7723. Surrender of certificate of registry on loss of vessel, or purchase by foreigner—A Cer- tificate of registry shall be solely used for the vessel . for which it is granted, and shall not be sold, lent, Or Otherwise disposed of, to any person whomsoever; and in Case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the certificate, if preserv- ed, shall be delivered up within eight days after the arrival of the master or person having the charge or COmmand of such vessel within any district of the United States, to the collector of such district; and if any foreigner, or any person for the use and bene- fit Of Such foreigner, shall purchase or otherwise be- COme entitled to the whole, or any part or share of, Or interest in such vessel, the same being within a district of the United States, the certificate shall, Within Seven days after such purchase, change, or transfer of property, be delivered up to the collector Of the district; and if any such purchase, change, or transfer of property shall happen when such vessel Shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof shall, within eight days after his arrival with- in any district of the United States, deliver up the Certificate to the collector Of Such district. Any master or owner violating the provisions of this Section shall be liable to a penalty of not. ex- Ceeding five hundred dollars, and the certificate of registry shall be thenceforth Void. The Secretary of the Treasury shall have the power to remit or mitigate such penalty if in his Opinion it was incurred without willful negligence Or intention of fraud. (R. S. § 4146, amended, Jan. 16, 1895, c. 24, § 2, 28 Stat. 624.) § 7724. Carpenter’s eertificate—In order to the registry of any vessel built within the United States, it shall be necessary to produce a certificate, under the hand of the principal or master carpenter, by Whom Or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and specifying the place where, the time when, and the person for whom, and describ- ing her build, number of decks and masts, length, breadth, depth, tonnage, and such other circumstances as are usually descriptive Of the identity of a yes- Sel: which Certificate shall be sufficient to authorize the removal Of a new vessel from the district where She may be built to another district in the Same Or an adjoining State, where the owner actually resides, provided it be with ballast only. (R. S. § 4.147.) § 7725. Measurement of vessel—Before any ves- sel shall be registered, she shall be measured by a surveyor, if there be one, or by the person he shall appoint, at the port or place where the vessel may be, and if there be none, by Such person as the Col- lector of the district within which she may be shall appoint. But in all cases where a vessel has before been registered as a vessel of the United States, it shall not be necessary to measure her anew, for the Ch. 1) & 7730 REGULATION OF COMMERCE AND NAVIGATION purpose of obtaining another register; unless such vessel has undergone some alteration as to her bur- den, Subsequent to the time of her former registry. (R. S. § 4148.) - - - See § 8080. § 7726. Same; certificate—The officer or per- son by whom such measurement is made shall, for the information of and as a voucher to the Officer by whom the registry is to be made, grant a Certifi- cate, specifying the build of the vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other par- ticulars as are usually descriptive of the identity of a vessel, and that her name, and the place to which she belongs, are painted on her stern in manner re- quired by this Title; which certificate shall be coun- tersigned by an owner, or by the master of such ves- Sel, Or by Some Other person who shall attend her admeasurement, on behalf of her owner or owners, in testimony of the truth of the particulars therein Contained; without which the certificate Shall not be valid. (R. S. § 4149.) § 7727. Same; mode—The registry of every ves- sel shall express her length and breadth, together with her depth and the height under the third or Spar deck, which shall be ascertained in the follow- ing manner: - - - - --- - - - three or more decks, to the hull, shall be the second deck from below ; in all other cases the upper deck of the hull is to be the tonnage-deck. The length from the fore part of the outer planking on the side of the stem to the after part of the main Stern-post of screw-steamers, and to the after part of the rud- der-post Of all other vessels measured. On the top of the tonnage-deck, shall be accounted the vessel's length. The breadth of the broadest part on the Outside Of the vessel shall be accounted the vessel’s breadth of beam. A measure from the Under side of the tonnage-deck plank, amidships, to the ceiling of the hold, (average thickness,) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage-deck plank to the under side of the upper-deck plank shall be a CCOUInted as the height under the Spar-deck. All measurement to be taken in feet and fractions of feet ; and all fractions of feet shall be expressed in decimals. (R. S. § 4150.) § 7728. Same; cabins or state-rooms for ton- Inage—No part of any vessel shall be required by the preceding section to be measured or registered for tonnage that is used for cabins or state-rooms, and constructed entirely above the first deck, which is not a deck to the hull. (R. S. $ 4151.) § 7729. Same; rules limited to what vessels— The provisions foregoing relating to the measure- ment of vessels shall not be deemed to apply to any Vessel not required by law to be registered, or en- rolled, or licensed, unless otherwise specially pro- vided. (R. S. $ 4152.) § 7730. Tonnage—The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal Cubical CapaCity in tons Of One hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the up- per side Of the tonnage-deck, from the inside of the - inner plank, average thickness, at the side of the Stem to the inside of the plank on the stern-timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and What is due to the rake of the Stern-tim- ber in the thickness of the deck, and also what is due to the rake of the stern-timber in one-third of the round of the beam ; divide the length so taken into the number of equal parts required by the fol- lowing table, according to the class in such table to Which the vessel belongs: - -- IPage 12211 der: The tonnage-deck, in vessels having . TABLE OF CLASSEs Class One. Vessels of which the tonnage length ac- COrding to the above measurement is fifty feet or un- into six equal parts. t - - Class two. Vessels of which the tonnage length ac- COrding to the above measurement is above fifty feet, and not exceeding One hundred feet : into eight equal partS. Class three. Vessels of which the tonnage length ac- COrding to the above measurement is above one hun- dred feet, and not exceeding one hundred and fifty feet: into ten equal parts. - Class four. Vessels of which the tonnage length ac- COrding to the above measurement is above one hun- dred and fifty feet, and not exceeding two hundred feet: into twelve equal parts. Class five. Vessels of which the tonnage length ac- COrding to the above measurement is above two hun- dred feet, and not exceeding two hundred and fifty feet : . into fourteen equal parts. Class six. Vessels of which the tonnage length ac- COrding to the above measurement is above two hun- dred and fifty feet: into sixteen equal parts. Then, the hold being sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows: Measure the depth at each point of division from a point at a distance of one-third of the round of the beam below Such deck; or, in case of a break, below a line stretched in continuation thereof, to the upper Side of the floor-timber, at the inside of the limber- Strake, after deducting the average thickness of the ceiling, which is between the bilge-planks and limber- strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the in- side horizontal breadth, at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average thickness of that part of the ceiling which is between the points of measurement; number these breadths from above, numbering the upper breadth . One, and SO On down to the lowest breadth; multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last, or fifth; multiply the quan- tity thus obtained by One-third of the Common interval between the breadths, and the product shall be deem- ed the transverse area; but if the midship depth ex- ceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed, the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the Sec- Ond, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last, or seventh; multi- ply the quantities thus obtained by one-third of the Common interval between the breadths, and the prod- uct shall be deemed the transverse area. Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register ton- nage of the vessel in the following manner: Number the areas successively one, two, three, and So forth, number one being at the extreme limit Of the length at the bow, and the last number at the ex- treme limit of the length at the Stern; then, whether the length be divided according to the table into six or sixteen parts, as in Classes One and Six, Or any in- termediate number, as in classes two, three, four and five, multiply the second, and every even-numbered area by four, and the third, and every odd-numbered area, except the first and last, by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantities thus obtained by one-third of the common interval between # 7730 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION ---, IPage 1222I the areas, and the product will be the cubical con- tents of the space under the tonnage-deck; divide this product by One hundred, and the quotient, being the tonnage under the tonnage-deck, shall be deemed to be the register tonnage of the vessel, subject to the addi- tions hereinafter mentioned. If there be a break, a poop, or any other permanent Closed-in Space On the upper decks, or the spar-deck, available for cargo, or stores, or for the berthing or accommodation of passengers or crew, the tonnage of | Such Space Shall be ascertained as follows: - Measure the internal mean length of such space in feet, and divide it into an even number of equal parts Of which the distance asunder shall be most nearly equal to those into which the length of the tonnage- deck has been divided; measure at the middle of its height the inside breadths, namely, one at each end and at each of the points of division, numbering them successively one, two, three, and so forth; then to the sum of the end breadths add four times the sum of the even-numbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by One-third of the Common interval between the breadths; the product will give . the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage-decks, ascer- tained as aforesaid. - If a vessel has a third deck, or spar-deck, the ton- nage of the Space between it and the tonnage-deck shall be ascertained as follows: - Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the Stern, and divide the length into the same number of equal parts into Which the length of the tonnage-deck is dividèd; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth of the stern; number them successively one, two, three, and SO forth, Commencing at the stem; multiply the sec- ond, and all other even-numbered breadths, by four, and the third, and all the other odd-numbered breadths, except the first and last, by two ; to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common in- terval between the breadths, and the result will give, in Superficial feet, the mean horizontal area of Such space; measure the mean height between the plank Of the two decks, and multiply by it the mean hori- ZOntal area, and the product will be the cubical con- tents of the space; divide this product by one hun- dred, and the quotient shall be deemed to be the ton- nage of such space, and shall be added to the other tonnage Of the Vessel, ascertained as above directed. And if the vessel has more than three decks, the ton- nage of each Space between decks, above the tonnage- deck shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel, ascertained as above directed. In ascertaining the tonnage of Open vessels the up- per edge of the upper Strake is to form the boundary- line of measurement, and the depth shall be taken from an athwart-ship line, extending from the upper edge of such strake at each division of the length. That from the gross tonnage of every vessel of the |United States there shall be deducted— - - (a) The tonnage of the Spaces or compartments oc- Cupied by Or appropriated to the use of the Crew Of the Vessel. Every place appropriated to the Crew of the vessel shall have a space of not less than seventy- two cubic feet and not less than twelve Superficial feet, measured on the deck or floor of that place, for each Seaman or apprentice lodged therein. Such place shall be Securely constructed, properly lighted, drain- ed, and ventilated, properly protected from weather and Sea, and as far as practicable properly shut Off and protected from the effluvium of cargo or bilge Water; and failure to comply with this provision shall Subject the owner to a penalty of five hundred dollars. Every place so occupied shall be kept free from goods Or Stores of any kind not being the personal proper- ty Of the crew in use during the voyage; and if any Such place is not so kept free the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of fifty cents a day for each day dur- ing Which any goods or stores as aforesaid are kept or Stored in the place after complaint has been made to him by any two or more of the seamen so lodged. No deduction from tonnage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the number of men it is allowed to accommodate with these Words, “Certi- fied to accommodate seamen.” - - (b) Any space exclusively for the use, of the master Certified by the Collector to be reasonable in extent and properly Constructed, and the Words “Certified for the accommodation of master” to be permanently cut in a beam and over the door of such space. - - (c) Any Space used exclusively for the working Of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments Of navigation and boatswain's stores, and the words “Certified for steering gear,” or “Certified for boat- Swain’s stores,” or “Certified chart house,” as the CaSe may be, to be permanently cut in the beam and over the doorway of each Of Such spaces. - (d) The space Occupied by the donkey engine and boiler, if connected with the main pumps of the ship. (e) In the Case of a ship propelled wholly by sails any Space, not exceeding two and One-half-per Centum of the gross tonnage, used exclusively for storage of Sails: Provided, That spaces deducted shall be cer- tified by the Collector to be reasonable in extent and properly and efficiently constructed for the purposes for which they are intended, and the words “Certified for storage Of Sails” to be cut On the beam and Over the doorway Of Such Space. - . (f) In the case of a ship propelled by steam or other power requiring engine room, a deduction for the space Occupied by the propelling power shall be made, as follows: In ships propelled by paddle wheels in which the tonnage of the space Occupied by and necessary for the proper working Of the boilers and machinery is above twenty per centum and under thirty per centum Of the gross tonnage, the deduction shall be thirty- seven per Centum of the grOSS tonnage; and in ships propelled by Screws in which the tonnage of the Space is above thirteen per Centum and under twenty per Cen- tum of the gross tonnage, the deduction shall be thir- ty-two per Centum of the gross tonnage. In the Case Of Screw steamers the contents of the trunk shaft shall be deemed Spaces necessary for the proper Working of the machinery. - - (g) In the case of other vessels in which the actual space occupied by the propelling machinery amounts in the Case Of paddle Wessels to twenty per centum or under and in the case of screw vessels to thirteen per cen- tum or under of the gross tonnage of the ship, the deduction shall COnsist in the case of paddle vessels of Once and a half the tonnage of the actual machinery space and in the case of screw vessels of Once and three-fourths the tonnage of the actual machinery Space. But if the actual machinery Space is SO large as to amount in the case of paddle vessels to thirty per centum or above, and in the Case of screw vessels to twenty per centum or above Of the gross tonnage Of the ship, the deduction shall COnsist Of thirty-seven per centum Of the groSS tonnage of the ship in the case of a paddle vessel and thirty-two per centum of the gross tonnage in the case of a screw vessel; or if the Owner prefers there shall be deducted from the gross tonnage of the vessel the tonnage of the space Ch. 1) # 7734 REGULATION OF COMMERCE AND NAVIGATION IPage 1223] or spaces actually occupied by or required to be incios- ed for the proper WOrking Of the boilers and machin- ery, including the trunk shaft or alley in screw steam- ers, with the addition in the case of vessels propelled with paddle wheels of fifty per centum, and in the case of vessels propelled by screws of seventy-five per centum of the tonnage of such space. - (h) If there be a break, a poop, or any other per- manent closed-in space on the upper deck available for Cargo or stores, or for the berthing Or a CCOmmoda- tion of passengers or crew, the tonnage of that Space shall be ascertained and added to the gross tonnage : Provided, That nothing shall be added to the groSS tonnage for any sheltered space above the upper deck which is under cover and open to the Weather ; that is, not inclosed. The Cubical contents of the hatchWays shall be Ob- tained by multiplying the length and breadth together and the product by the mean depth taken from the top Of beam to the under Side Of the hatch. From the ag- gregate tonnage of the hatchWays there shall be de- ducted one-half of One per cent of the groSS tonnage and the remainder Only shall be added to the groSS tonnage of the ship exclusive of the tonnage Of the hatch WayS. - (i) On a request in writing to the Commissioner of Navigation by the owners of a ship the tonnage of | such portion of the space or spaces above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air and not required to be added to gross tonnage shall, for the purpose of ascertaining the ton- nage of the space occupied by the propelling power, be added to the tonnage of the engine space; but it shall then be included in the gross tonnage; such space Or Spaces must be reasonable in extent, safe, and seaworthy, and can not be used for any purpose other than the machinery or for the admission of light and air to the machinery, or for the admission of light and air to the machinery or boilers of the ship. And the proper deduction from the groSS tonnage having been made, the remainder shall be deemed the net or register tonnage of such vessels. . . The register or other official certificate of the ton- nage or nationality of a vessel of the United States, in addition to what is now required by law to be ex- pressed therein, shall state separately the deductions made from the gross tonnage, and shall also state the net Or register tonnage of the vessel. - But the outstanding registers or enrollments of ves- - Sels of the United States shall not be rendered void by the addition of such new statement of her tonnage, unless Voluntarily surrendered; but the same may be added to the outstanding document or by an appendix theretO, With a certificate of a Collector of customs that the Original estimate of tonnage is amended. In the case of a ship constructed with a double bot- tom for Water ballast, if the Space between the inner and outer plating thereof is certified by the collector to be not available for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to be the upper side of the inner plating Of the double bot- tom, and that upper side shall for the purposes of measurement be deemed to represent the floor timber. I'rom the gross tonnage there shall be deducted any Other Space adapted only for Water ballast certified by the collector not to be available for the carriage of cargo, Stores, supplies, or fuel. Upon application by the owner or master of an American vessel in foreign trade, Collectors of Cus- toms, under regulations to be approved by the Secre- tary of the Treasury, are authorized to attach to the register of Such vessel an appendix stating separately, for use in foreign ports, the measurement of Such Space or Spaces as are permitted to be deducted from gross tonnage by the rules of other nations and are not permitted by the laws of the United States. The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that boats; of the between-decks, above the tonnage-deck; also that Of the poop Or other inclosed spaces above the deck, each separately. In every vessel documented as a vessel of the United States the number denoting her net tonnage shall be deeply carved or otherwise permanently marked. On her main beam, and shall be SO continued; and if the number at any time cease to be Continued Such vessel Shall be subject to a fine Of thirty dollars on every arrival in a port Of the United States if she have not her tonnage number legally carved or permanently marked. (R. S. $ 4153, amend- ed, Aug. 5, 1882, c. 398, § 1, 22 Stat. 300, June 19, 1886, c. 421, § 5, 24 Stat. 81, March 2, 1895, c. 173, § 1, 28 Stat. 741, and Feb. 6, 1909, c. 82, §§ 1, 2, 35 Stat. 613.) See §§ 7734, 8126. § 7731. Remeasurements—This Act shall not be construed to require the remeasurement of any Amer- ican vessel duly measured before April first, eight- .een hundred and ninety-five; but upon application by the owner of any such vessel collectors of cus- toms shall cause Such vessel, or the Spaces to be de- ducted, to be measured according to the provisions Of this Act, and if a new register is not issued the . Statement of such remeasurement shall be attached by an appendix to the Outstanding register or en- rollment with a certificate of the collector of cus- toms that the original estimate of tonnage is amend- ed pursuant to this Act. 2, 28 Stat. 743.) § 7732. Space for crew; vessels affected—The provisions of this Act requiring a crew space of . Seventy-two Cubic feet per man shall apply only to vessels the construction of which shall be begun aft- er June thirtieth, eighteen hundred and ninety-five. (March 2, 1895, c. 173, § 3, 28 Stat. 743.) - - - $ 7733. Regulations by Commissioner of Nav- igation—Under the direction of the Secretary of the Treasury the Commissioner of Navigation shall make regulations needful to give effect to the provisions Of this Act. (March 2, 1895, c. 173, § 4, 28 Stat. 743.) § 7734. Space for crew on sea-going vessels; hospital compartments; sleeping rooms on steam- washing places; forecastles—On all mer- Chant vessels of the United States the Construction of which shall be begun after the passage of this Act, (March 2, 1895, c. 173, § except yachts, pilot boats, or vessels of less than one hundred tons register, every place appropriated to the crew of the vessel shall have a space of not less than One hundred and twenty cubic feet and not less than Sixteen Square feet, measured on the floor Or deck Of that place, for each seaman or apprentice lodged therein, and each Seaman shall have a separate berth and not more than one berth shall be placed One above another; such place or lodging shall be se- curely constructed, properly lighted, drained, heated, and Ventilated, properly protected from weather and Sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge wa- ter. And every such crew space shall be kept free from goods or stores not being the personal proper- ty of the crew occupying said place in use during the VOyage. That in addition to the space allotment for lodg- ings hereinbefore provided. On all merchant vessels of the United States which in the ordinary course" of their trade make voyages of more than three days’ duration between ports, and which carry a crew of twelve or more seamen, there shall be constructed a compartment, suitably Separated from other spaces, for hospital purposes, and Such compartment shall have at least one bunk for every twelve seamen, con- stituting her crew, provided that not more than six bunks shall be required in any case. Every steamboat of the United States plying upon the Mississippi River Or its tributaries shall furnish an appropriate place for the Crew, which shall con- form to the requirements of this section, so far as they are applicable thereto, by providing sleeping 3 7734 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 1224] room in the engine room of such steamboat, properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boil- er deck to the lower Or main deck, under the direc- tion and approval of the Supervising Inspector Gen- eral of Steam Vessels, and shall be properly heated. All merchant vessels of the United States, the con- struction of which shall be begun, after the passage Of this act having more than ten men on deck must have at least one light, clean, and properly ventilat- ed washing place. There shall be provided at least One washing outfit for every two men of the watch. The Washing place shall be properly heated. A sep- arate washing place shall be provided for the fire- room and engine-room men, if their number exceed ten, which shall be large enough to accommodate at least One-sixth of them at the same time, and have Jhot and Cold water supply and a sufficient number. Of wash basins, sinks, and shower baths. Any failure to comply with this section shall Sub- ject the owner or owners of such vessel to a penalty of not less than $50 nor more than $500: Provided, That forecastles Shall be fumigated at SUCh intervals as may be provided by regulations to be issued by the Surgeon General of the Public Health Service, with the approval of the Department of Commerce, and shall have at least two exits, one of which may be used in emergencies. (March 3, 1897, c. 389, § 2, 29 Stat. 688, amended, March 4, 1915, c. 153, § 6, 38 Stat. 1165.), - § 7735. Measurement of foreign vessels; cer- tificates—Whenever it is made to appear to the Secretary of the Treasury that the rules concern- ing the measurement for tonnage of vessels of the TJnited States have been substantially adopted by the government of any foreign country, he may direct that the vessels of such foreign country be deemed to be Of the tonnage denoted in their Certificates of reg- ister or other national papers, and thereupon it shall Inot be necessary for such vessels to be remeasured at any port in the United States; and when it shall be necessary to ascertain the tonnage Of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the measurement Of Vessels Of the United States. (R. S. $ 4154, amended, Aug. 5, 1882, c. 398, § 2, 22 Stat. 300.) § 7736. Form of register—When the several matters hereinbefore required, in order to the reg- istering Of any vessel, have been Complied with, the Collector of the district comprehending the port to Which She belongs shall make and keep in SOme prop- er book a registry thereof, and shall grant a certifi- Cate of such registry, as nearly as may be, in the form following: - In pursuance of chapter One, Title XLVIII, “Reg- ulation of Commerce and Navigation,” of the Revised Statutes of the United States, (inserting here the name, Occupation, and place of abode of the person by whom the oath was made), having taken and sub- scribed the Oath required by law, and having sworn that he (or she, and if more than one Owner, adding the words, “together with,” and the name Or names, “Occupation or Occupations, place or places Of abode, of the owner or owners, and the part Or proportion of such vessel belonging to each owner) is (or are) the only owner (or Owners) Of the vessel called the (inserting here her name), of (inserting here the port to which she may belong), whereof (inserting here the name of the master) is at present master, and is a citizen of the United States, and that the . said vessel was (inserting here when and where built), and (inserting here the name and office, if any, of the perSon by Whom She shall have been SUIrveyed or measured) having certified that the said vessel has (inserting here the number of decks) and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (in- serting here the number of feet), her depth (inserting here the number of feet), and that she measures (in- Serting here her number of tons); that she is (de- seribing here the particular kind of vessel, whether Ship, brigantine, snow, Schooner, sloop, or whatever else, together with her build, and specifying whether She has any or no gallery or head); and the said (naming the Owner, or the master, or other person acting in behalf of the owner or owners, by whom the Certificate of measurement has been countersign- ed, as aforesaid) having agreed to the description and measurement above specified, and sufficient security having been given, according to law, the said vessel has been duly registered at the port of (naming the . port where registered). Given under my hand and Seal, at (naming the said port), this (inserting the particular day) day of (naming the month), in the year (Specifying the number of the year, in words, at length). (R. S. § 4155.) § 7737. Same; variation—When the master of Such Vessel himself makes oath touching his being a Citizen, the wording of the certificate shall be varied SO as to be Conformable to the truth of the case. Where a new certificate of registry is granted in con- Sequence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement. (R. S. $ 4156.) § 7738. Certificates of registry; blanks—It shall be the duty of the Secretary of the Treasury to Cause to be provided blank certificates of registry, and Such other papers as may be necessary, executed in Such manner and with such marks as he may direct. No certificate of registry shall be issued, except such as shall have been so provided and marked. (R. S. $ 4157.) - - § 7739. Same; issuing—The Secretary Of the Treasury shall Cause to be transmitted, from time to time, to the collectors of the several districts, a suffi- . cient number of forms of the certificates of registry, attested under the seal of the Treasury and the hand of the Register thereof, with proper blanks, to be fill- ed by the Collectors, respectively, by whom also the Certificate shall be signed and sealed, before they are issued; and where there is a naval officer at any port, they shall be CounterSigned by him ; and where there is a surveyor, but no naval Officer, they shall bè countersigned by him. A copy of each certificate issued shall be transmitted to the Register, who shall cause a record to be kept of the same. (R. S. $ 4158.) § 7740. Registry on purchase of vessel—When- ever any citizen of the United States purchases Or be- Comes Owner of any vessel entitled to be registered, such vessel being within any district other than the one in which he usually resides, such vessel shall be entitled to be registered by the Collector of the district where she may be, at the time of his becoming OWner thereof, upon his complying with the provisions here- inbefore prescribed, in order to the registry of Vessels. And the Oath which is required to be taken may, at the option of such owner, be taken either before the collector Of the district COImprehending the port to which Such vessel may belong, Or before the Collector of the district within which such vessel may be, either of whom is hereby empowered to administer such Oath. (R. S. $ 4159.) § 7741. Surrender of certificate granted to purchaser—Whenever any Vessel, registered in pur- Suance of the provisions of the preceding section, shall arrive within the district Colmprehending the port to which she belongs, the certificate of registry, so ob- tained, shall be delivered up to the collector Of Such district, who, upon the requisites Of this Title in Order to the registry of vessels, being complied with, shall grant a new one in lieu of the first. The certificate so delivered up shall forthWith be returned by the Col- lector who receives the same, to the collector who granted it. If the first-mentioned certificate of regis. Ch. 1) 3 7751 IREGULATION OF COMMERCE AND NAVIGATION [Page 12251 try is not delivered up, as above directed, the owner and the master of such vessel, at the time of her ar- rival within the district Comprehending the port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth Void. (R. S. § 4160.) § 7742. Registry by agent—Whenever any Ves- sel entitled to be registered is purchased by an agent Or attorney for Or On account of a Citizen Of the Unit- ed States, such vessel being in a district of the United States more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by Virtue of such purchase, and by force of this Title, such vessel Ought to be deemed to belong, it shall be lawful for the Collector Of the dis- trict where such vessel may be, and he is hereby re- Quired, upon the application of such agent or attorney, to proceed to the registering Of the vessel, the agent Or attorney first complying, On behalf and in the Stead of the owner thereof, with the requisites prescribed by this Title in order to the registry of vessels, except that, in the Oath taken by the agent or attorney, in- stead of swearing that he is owner, or an owner of such vessel, he shall swear that he is agent Or attor- ney for the Owner thereof, and that he has, in good faith, purchased the vessel for the person whom he names and describes as the owner thereof. .(R. S. § 4161.) - - - - - - - - - - - - T __ – - - T § 7743. Surrender of certificate granted to agent—Whenever any vessel registered in pursuance Of the provisions Of the preceding Section, Shall ar- rive within the district comprehending the port to which she belongs, the certificate of registry SO Ob- tained shall be delivered up to the collector of Such district, who, upon the requirements of this Title in Order to the registry of vessels being Complied With, shall grant a new one in lieu of the first. The certifi- cate, so delivered up, shall forthwith be returned to the Collector, who shall transmit the same to the COl- lector who granted it. If the first-mentioned certifi- cate of registry is not delivered up, as above direct- ed, the owner and the master of such vessel, at the time of her arrival within the district comprehend- ing the port to which she may belong, shall severally. be liable to a penalty of One hundred dollars, and the certificate of registry shall be thenceforth Void. (R. S. § 4162.) § 7744. Forfeiture for false swearing by agent —If any of the matters of fact alleged in the oath tak- en by an agent Or attorney to obtain the registry of a Vessel which are within the knowledge of the party So Swearing, are not true, there shall be a forfeiture of vessel, together with her tackle, apparel, and fur- niture, in respect to which the same was made, or of the value thereof, to be recovered, with costs of suit, Of the person by. Whom such oath was made. (R. S. § 4163.) § 7745. Registry on sale under legal, process— Whenever it appears, by satisfactory proof, to the Secretary of the Treasury, that any vessel has been sold and transferred by process of law, and that the register of such vessel is retained by the former own- er, the Secretary may direct the Collector Of the dis- trict to which such vessel may belong to grant a new register, under such sale, On the owners complying with such terms and conditions as are by law required for granting such papers ; excepting only the deliver- ing up of the former certificate of registry. But noth- ing in this Section Shall be Construed to remove the liability Of any person to any penalty for not Surren- dering the papers belonging to any vessel, on a trans- fer or sale of the same. (R. S. § 4164.) § 7746. [R. S. § 4165. Repealed.] This section, as enacted in the Revised Statutes, pro- vided that no vessels régistered pursuant to law, which by sale, etc., became the property of a foreigner, should be entitled to a new register upon again becoming Ameri- can property. It was amended by Act March 3, 1897, c. 389, § 10, 29 Stat. 689, to read as follows: “A vessel reg- istered pursuant to law, which by sale has become the property of a foreigner, shall be entitled to a new register upon afterwards becoming American property, unless it has been enlarged or undergone change in build outside of the United States.” It was repealed by Act March 4, 1915, c. 172, § 2, 38 Stat. 1194, taking effect 60 days after the date of its passage. See $ 7709. § 7747. Registry on sale abroad—When any ves- Sel, registered pursuant to any law of the United States, shall, while she is without the limits Of the United States, be sold or transferred in whole or in part to a Citizen Of the United States, such VeSSel. On her first arrival in the United States thereafter, shall be entitled to all the privileges and benefits of a ves- sel of the United States: Provided, That all the requi- Sites Of law, in Order to the registry of vessels, shall be COmplied with, and a new certificate of registry obtained for Such vessel, within three days from the time at which the master Or Other perSOn having the Charge Or Command Of Such Vessel is required to make his final report upon her first arrival after Ward. (R. S. $ 4166.) º § 7748. Oath on loss of register—Whenever the certificate of the registry of any vessel is lost, de- stroyed, or mislaid, the master, or other perSOn hav- ing the charge or command thereof, may make Oath before the collector of the district where such vessel shall first be after such loss, destruction, or mislaying, in the form following: “I, (inserting here the name of the person swearing), being master (or having the charge or command) of the ship or vessel called the (inserting the name of the vessel), do swear (or affirm) that the said vessel hath been, as I Verily believe, registered according to law, by the name of (inserting again the name of the vessel), and that a Certificate thereof was granted by the collector of the district Of (naming the district where registered), which certifi- cate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be); and (except where the certificate is alleged to have been destroyed) that the same, if found again, arid within my power, shall be delivered up to the COllec- tor of the district in which it was granted.” Such Oath shall be subscribed by the party making the same; and upon such oath being made, and the Other requisites of this Title in Order to the registry of Ves- sels being complied with, it shall be lawful for the Collector of the district before whom Such Oath is made, to grant a new register, inserting therein that the same is issued in lieu of the one lost or destroyed. (R. S. § 4167.) - - § 7749. Surrender of certificate obtained on loss of original—Whenever a register is granted in lieu of one lost or destroyed, by any other than the Collector of the district to which the vessel actually belongs, such register shall, Within ten days after her first arrival within the district to which she belongs, be delivered up to the Collector of Such district, who Shall, thereupon, grant a new register in lieu thereof. And in case the master or commander shall neglect to deliver up such register within the time above men- tioned, he shall be liable to a penalty of one hundred dollars; and the former register shall become null and void. (R. S. § 4168.) - § 7750. Penalty for not obtaining new regis- try—In every case in which a vessel is required to be registered anew, if she shall not be so registered anew, She shall not be entitled to any of the privileges or benefits Of a Wessel. Of the United States. And if her former certificate of registry is not delivered up, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath thereof shall have been made, as hereinbefore prescribed, the Own- er of such vessel shall be liable to a penalty of five hundred dollars, to be recovered, with Costs of Suit. (R. S. § 4169.) § 7751. New registry on sale or alteration of vessel—Whenever any vessel, which has been reg- istered, is, in whole or in part, sold or transferred to a citizen Of the United States, Or is altered in form Or burden, by being lengthened or built upon, or from one denomination to another, by the mode or method # 7751 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION * [Page 1226] of rigging or fitting, the vessel shall be registered anew, by her former name, according to the direc- tions hereinbefore contained, otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for Such new registry is made, at the time that the same is made, to be by him transmitted to the Register of the Treasury, who shall cause the same to be canceled. In every such case of sale or transfer, there shall be SOme instrument of writing, in the nature of a bill Of Sale, which shall recite, at length, the certificate; OtherWise the vessel shall be incapable of being so registered anew. (R. S. $ 4170.) See § 8058. § 7752. Change of master—When the maS- ter or person having the charge or command of a reg- istered vessel is changed, the owner, or One of the OWners, Or the new master Of Such, Vessel, Shall re- port Such change to the collector of the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and Shall make Oath, showing that such new master is a Citizen of the United States, and the manner in which Or means whereby he is so a citizen. Thereupon the Collector shall indorse upon the certificate of registry a memorandum of such change, specifying the name Of Such new master, and Shall Subscribe the memoran- dum with his name ; and if Other than the COllectOr of the district by whom the certificate of registry was granted, shall transmit a copy of the memorandum to him, with notice of the particular vessel to which it relates; and the Collector of the district, by whom the Certificate shall have been granted, shall make a like memorandum of such change in his book Of registers, and shall transmit a Copy thereof to the Register Of the Treasury. If the change is not reported, or if the oath is not taken, as above directed, the registry of Such vessel shall be Void, and the master Or person having the charge Or Command Of her shall be liable to a penalty of one hundred dollars. (R. S. $ 4171.) § 7753. Failure to report sale to foreigners- If any vessel registered as a vessel of the United States shall be sold or transferred, in Whole Or in part, by way of trust, confidence, or otherwise, to a subject or Citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together With her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be SO Owned in part Only, and it is made to appear to the jury before wholm the trial for Such forfeiture is had, that any other Owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or OWn- ership of such foreign subject or citizen, the share or interest of Such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited. (R. S. $ 4172.) § 7754. Oath on entry—Upon the entry of every vessel of the United States from any foreign port, if the same shall be at the port at which the OWrmer Or any of the part owners reside, such owner Or part OWn- er shall make oath that the register of Such VeSSel contains the name or names of all the perSOnS Who are then Owners of the vessel; or if any part Of Such vessel has been sold or transferred since the granting of such register, that such is the case, and that no foreign subject or citizen has, to the best of his knowl- edge and belief, any share, by way of trust, Confi- dence, or otherwise; in such vessel. If the Owner or any part owner does not reside at the port at which Such vessel enters, the master shall make Oath to the like effect. If the owner, or part owner, where there is one, or the master, where there is no owner, re- fuses SO to swear, such vessel shall not be entitled to the privileges of a vessel of the United States. (R. S. $ 4173.) - § 7755. Transmission of surrender certificate to Treasury—Every certificate of registry which is delivered up to a collector on the loss, destruction, or Capture Of a vessel, or the transfer thereof to a for- eigner, Shall be forthwith transmitted to the Register Of the Treasury, to be canceled ; who if the same Shall have been delivered up to a collector other than Of the district in which it was granted, shall cause Inotice Of Such delivery to be given to the collector Of Such district. (R. S. § 4174.) (R. S. § 4.175. Superseded.) This Section provided for the cancellation of the bond required by R. S. § 4145, as a condition precedent to reg- istry, on Surrender of the registry of a vessel. R. S. § 4145, was repealed by Act Jan. 16, 1895, c. 24, § 1, and this section is therefore omitted, as no longer operative. § 7756. Numbering registers—The collector of each district shall progressively number the certifi- Cates Of the registry by him granted, beginning anew at the Commencement of each year, and shall enter an exact Copy of each certificate in a book to be kept for that purpose; and shall, once in three months, trans- mit to the Register of the Treasury copies of all the Certificates which shall have been granted by him, including the number of each. (R. S. $ 4176.) § 7757. Numbers for vessels—The Secretary of the Treasury shall have power, under such regulations as he shall prescribe, to establish and provide a Sys- tem Of numbering vessels so registered, enrolled, and licensed ; and each vessel so numbered shall have her number deeply Carved or otherwise permanently marked on her main beam ; and if at any time she shall Cease to be SO Imarked, Such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official num- ber legally Carved Or permanently marked. (R. S. $ 4177, amended, June 19, 1886, c. 421, § 6, 24 Stat. 81.) See § 8126. § 7758. Names and home ports marked on bow and stern—The name of every documented vessel of the United States shall be marked upon each bow and upon the Stern, and the home port shall also be mark- ed upon the Stern. These names shall be painted Or gilded, or Consist Of Cut or carved Or Cast roman let- ters in light Color On a dark ground, Or in a dark Color On a light ground, Secured in place, and to be dis- tinctly visible. The smallest letters used shall not be less in size than four inches. If any such vessel shall be found without these names being so marked the owner or owners shall be liable to a penalty of ten dollars for each name Omitted: Provided, how- ever, That the names On each bow may be marked within the year eighteen hundred and ninety-seven. (R. S. § 4178, amended, Feb. 21, 1891, c. 250, § 1, 26 Stat. 765, and Jan. 20, 1897, c. 67, § 1, 29 Stat. 491.) See §§ 7804, 8083. § 7759. “Port” defined—The word “port,” as used in sections forty-One hundred and Seventy-eight and forty-three hundred and thirty-four Of the Re- vised Statutes, in reference to painting the name and port of every registered or licensed vessel on the stern of such vessel, shall be Construed to mean either the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside. (June 26, 1884, c. 121, § 21, 23 Stat. 58.) § 7760. Draft marked on stem and stern posts —The draft of every registered vessel shall be mark- ed upon the stem and stern post, in English feet Or decimeters, in either arabic or roman numerals. The bottom of each numeral shall indicate the draft to that line. (Feb. 21, 1891, c. 250, § 2, 26 Stat. 765, amended, Jan. 20, 1897, c. 67, § 2, 29 Stat. 491.) § 7761. Private signals and registry thereof —That thirty days after the passage of this Act if a. shipowner desires to use for the purpose of a private Code any rockets, lights, or other similar Signals, he may register those signals and house flags and funnel marks with the Commissioner of Navigation, who shall Ch. 1) 3 7771 JREGULATION OF COMMERCE AND NAVIGATION . [Page 1227] give public notice from time to time of the signals, house flags, and funnel marks so registered in such manner as he may think requisite for preventing those signals from being mistaken for Signals Of distress or signals for pilots. The Commissioner Of Naviga- tion may refuse to register any signals which in his Opinion can not easily be distinguished from signals of distress, signals for pilots, or signals prescribed by laws for preventing collisions. (May 28, 1908, c. 212, § 7, 35 Stat. 426.) § 7762. Change of name of registered vessel —NO master, Owner, Or agent of any vessel of the United States shall in any Way Change the name Of Such vessel, or by any device, advertisement, or con- trivance to deceive or attempt to deceive the public, Or any officer or agent Of the United States, or of any State, or any COrporation Or agent thereof, or any perSOn Or persons, as to the true name or character Of such vessel, on pain of the forfeiture of such vessel. (R. S. $ 4179.) - § 7763. Same-The Secretary of the Treasury be, and hereby is, authorized to permit the Owner Or own- ers Of any vessel duly enrolled and found seaworthy and free from debt to Change the name Of the same, when in his opinion there shall be sufficient cause for so doing. (March 2, 1881, c. 107, § 1, 21 Stat. 377.) § 7764. Same; regulations—The Secretary of the Treasury shall establish Such rules and regula- tions and procure such evidence as to the age, Condi- tion, where built, and pecuniary liability Of the Ves- sel as he may deem necessary to prevent injury to pub- lic or private interests; and where permission is granted by the Secretary he shall cause the Order for the change of name to be published at least in four issues in Some daily or weekly paper at the place of . register; and the cost of procuring evidence and ad- vertising the change of name to be paid by the per- son or persons desiring such Change of name. (March 2, 1881, c. 107, § 2, 21 Stat. 377.) § 7765. Oath to obtain record of vessel own- ed by foreigner—Every vessel built in the United States, and belonging wholly or in part to the subjects of foreign powers, in Order to be entitled to the benefits of a ship built and recorded in the United States, shall be recorded in the Office Of the Collector of the district in which such vessel was built, in the manner following: The builder of every such vessel shall make Oath before the Collector Of Such dis- trict in manner following: “I, (inserting here the name of such builder), Of (inserting here the place of his residence), shipwright, do swear (or affirm) that (describing here the kind of vessel, as whether ship, brig, Snow, Schooner, sloop, or whatever else) named (inserting here the name of the ship or vessel), hav- ing (inserting here the number of decks), and being in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measuring (inserting here the number of tons), having (specifying wheth- er any or no) gallery, and (also specifying whether any or no) head, was built by me or under my direc- tion at (naming the place, COUInty, and State), in the United States, in the year (inserting here the num- ber of the year).” Which Oath shall be subscribed by the person making the same, and shall be recorded in a book to be kept by the collector for that pur- pose. (R. S. § 4180.) § 7766. Measurement for record—The collec- tor shall cause the vessel so built to be surveyed or measured, and the person by whom such measure- ment is made shall grant a certificate thereof, as in the Case of a vessel to be registered, which certifi- Cate shall be countersigned by the builder, and by an owner or the master or person having the command or Charge thereof, or by some other person being an agent for the owner thereof, in testimony of the truth of the particulars therein contained. (R. S. § 4181.) § 7767. Certificate of record—A certificate of the record, attested under the hand and seal of the Collector, shall be granted to the master Of every Such vessel, as nearly as may be, of the form following: “In pursuance of chapter one, Title XLVIII, ‘Regula- tion of Commerce and Navigation,’ of the Revised Statutes of the United States, I, (inserting here the name of the collector of the district), of (inserting here the name of the district), in the United States, do Cer- tify that (inserting here the name of the builder), Of (inserting here the place of his residence, county, and State), having sworn (or affirmed) that the (describing the ship or vessel, as in the certificate of reCOrd) named (inserting here her name), whereof (inserting here the name of her master) is, at present, master, was built at (inserting here the name of the place, county, and State where built), by him or under his direction, in the year (inserting here the number of the year); and (inserting here the name of the Sur- veyor, or other person, by whom the measurement shall have been made) having certified that the said ship or vessel has (inserting here her number of decks), is in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and meas- ures (inserting here the number of tons): And the said builder and (naming and describing the owner, or master, Or agent for the Owner Or Owners, as the Case may be, by whom the said certificate shall have been Countersigned) having agreed to the said description and admeasurement, the said vessel has been recorded, in the district of (inserting here the name Of the dis- trict where recorded), in the United States. Witness my hand and seal this (inserting here the day of the month) day Of (inserting here the name of the month), in the year (inserting here the number of the year).” Which certificate shall be recorded in the Office Of the collector, and a duplicate thereof transmitted to the Register of the Treasury to be recorded in his office, (R. S. § 4.182.) - ^. - § 7768. Change of master or name of recorded vessel—Whenever the master or the name Of a ves- sel so recorded is changed, the owner, part Owner, Or Consignee Of Such vessel shall cause a memorandum thereof to be indorsed on the Certificate of the record, by the collector of the district where such vessel may be, Or at which she shall first arrive if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted by the collector to the Collector Of the district. Where Such Certificate was granted, if not the same person, Who Shall enter the same in his book of records, and forward a duplicate of such entry to the Register of the Treasury; and in Such case, until the OWImer, part Owner, or Con- signee shall cause the memorandum to be made by the collector, in the manner above prescribed, such vessel shall not be deemed a Vessel recorded, in pursuance of this Title. (R. S. § 4183.) § 7769. Production of certificate on entry-- The master or other person having the Command or charge of any vessel, recorded in pursuance of this Title, shall, on entry of such vessel, produce the cer- tificate Of Such record to the Collector Of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a re- COrded vessel. (R. S. § 4.184.) § 7770. Fees of collector—The fees to be allow- ed and paid to collectors for services pertaining to the registry or record of vessels shall be as follows: For each Certificate of registry or record, two dollars; for each indorsement upon a certificate Of registry Or record, one dollar; and for taking any bond required by this Title, twenty-five cents. (R. S. § 4.185.) See § 8138. - § 7771. Fees of surveyors—The fees to be al- lowed and paid to surveyors shall be as follows: FOF the admeasurement and certifying the same, of any 3 7771 (Tit. 48 . REGULATION OF COMMERCE AND NAVIGATION [Page 12281 Vessel Of One hundred tons and under, One cent per ton; for the admeasurement of any vessel above One hundred tons and not exceeding two hundred tons, One dollar and fifty cents; for the admeasurement Of any vessel above two hundred tons, two dollars; for all other services to be performed by such surveyor, On board any vessel of one hundred tons or upward, hav- ing On board goods, Wares, or merchandise Subject to duty, three dollars; for the like Services On board any vessel of less than one hundred tons burden, having On board goods, Wares, or merchandise subject to duty, One and a half dollars; on aſ] vessels not having on board goods, Wares, Or merchandise Subject to duty, tWO-thirds Of a dollar. All Such fees Shall be paid by the master or Owner of the vessel in which the Services shall be performed to the Surveyor by whom they shall be performed, if performed by one only, for his sole benefit; but if performed by more than one, to him who shall have the first agency, to be divided in equal parts between him and the other or others by whom the services shall also be performed. But the charge for the measurement of tonnage and cer- tifying the same shall not exceed the sum of One dol- lar and fifty cents for each transverse Section under the tonnage-deck; and the sum of three dollars for measuring each between-decks above the tonnage-deck; and the sum of one dollar and fifty cents for each poop, or closed-in space available for cargo or stores, Or for the berthing or accommodation of passengers, or officers and crew, above the upper or spar deck. (R. S. § 4186) See § 8138. § 7772. Regulation of fees for readmeasure- ment—The Secretary of the Treasury is authorized and directed to make all needful regulations to Carry into effect the provisions of this act, and he shall es- tablish and promulgate a proper scale of fees to be paid for the readmeasurement of the spaces to be de- &ucted from the gross tonnage of a vessel, on the basis Of the last Sentence Of Section forty-One hundred and eigthy-six of the Revised Statutes, beginning With the Words “But the charge for the measurement.” (Aug. 5, 1882, c. 398, § 3, 22 Stat. 301.) See §§ 7730, 7735, 7771. § 7773. Penalty for misconduct by officers— Every collector or officer who knowingly makes, or is concerned in making, any false register or record, Or who knowingly grants or is COncerned in granting, any false certificate of registry or record of Or for any VeS- sel, or any other false document whatever touching the same, contrary to the true intent and meaning Of this Title, or who designedly takes any other or greater fees than are by this Title allowed, or who receives any voluntary reward or gratuity for any of the services performed, pursuant thereto ; and every Surveyor or other person appointed to measure any vessel, who willfully delivers to any collector or na- val officer a false description of Such vessel, to be registered or recorded, shall be punishable by a fine of one thousand dollars, and be rendered incapable Of serving in any office of trust or profit under the Unit- ed States. (R. S. § 4187.) § 7774. Penalty for neglect by officers—If any person authorized and required by this Title to per- form, as an officer, any act or thing, willfully neglects to do or perform the same according to the true in- tent and meaning of this Title, he shall, if not sub- ject to the penalty and disqualification prescribed in the preceding section, be punishable by a fine of five hundred dollars for the first offense, and by a like fine for the second offense, and shall thenceforth be rendered incapable of holding any office of trust Or profit under the United States. (R. S. § 4.188.) § 7775. Penalty for fraudulent registry— Whenever any Certificate of registry, enrollment, Or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained or used for any vessel not entitled to the benefit thereof, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture. (R. S. § 4189.) § 7776. Sea-letters; to what vessels issued- No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the Unit- ed States shall be issued, except to vessels duly regis- tered, or enrolled and licensed as vessels of the Unit- ed States, or to vessels which shall be wholly OWned by citizens of the United States, and furnished with Or entitled to sea-letters Or Other Custom-house dOCu- ments. (R. S. § 4190.) § 7777. Same; making or using forged—Every person who knowingly makes, utters, Or publishes any false sea-letter, Mediterranean passport, or certificate of registry, or who knowingly avails himself of any such Mediterranean passport, sea-letter, or certificate of registry, shall be liable to a penalty Of not more than five thousand dollars, and if an Officer of the United States, shall thenceforth be incapable of hold- ing any office of trust or profit under the authority of the United States. (R. S. § 4191.) See § 10240. § 7778. Conveyance of vessels; lien by bot- tomry—No bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, Of the United States, shall be valid against any perSOn other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance is recorded in the office of the collector of the customs where such vessel is registered or enroll- ed. The lien by bottomry on any vessel, created dur- ing her voyage, by a loan of money or materials nec- essary to repair or enable her to prosecute a VOyage, , shall not, however, lose its priority, Or be in any Way affected by the provisions of this section. (R. S. § 4192.) - See § 8058. § 7779. Same; record of; acknowledgments- The collectors of the customs shall record all Such bills of sale, mortgages, hypothecations, Or COn Veyanc- es, and, also, all certificates for discharging and Can- celing any such conveyances, in books to be kept for that purpose, in the Order of their reception; noting in such books, and also on the bill of Sale, mortgage, hypothecation, or conveyance, the time when the same was received; and shall certify on the bill of sale, mortgage, hypothecation, Or COnveyance, Or Cer- tificate of discharge or cancellation, the number of the book and page where recorded; and shall receive, for so recording such instrument of conveyance Or certificate of discharge, fifty cents; but no bill of sale, mortgage, hypothecation, conveyance, or dis- charge of mortgage or other incumbrance Of any VeS- Sel, shall be recorded, unless the same is duly a C- knowledged before a notary public or other officer authorized to take acknowledgment of deeds. (R. S. § 4193.) See §§ 8138, 8222. § 7780. Same; index of records—The collectors Of the Customs shall keep an index Of Such records, inserting alphabetically the names Of the vendor Or mortgagor, and Of the purchaser Or mortgagee, and shall permit Such index and books of records to be inspected during Office-hours, under such reasonable regulations as they may establish, and shall, when required, furnish to any person a certificate, setting forth the names of the owners of any vessel register- ed or enrolled, the parts Or proportions Owned by each, if inserted in the register or enrollment, and al- so the material facts of any existing bill of sale, mort- gage, hypothecation, Or other incumbrance upon such vessel, recorded since the issuing Of the last register Or enrollment, viz, the date, amount Of Such incum- brance, and from and to whom, or in whose favor made. The collector shall receive for each such Cer- tificate One dollar. (R. S. § 4194.) See § 8138. Ch. 2) # 7790 REGULATION OF COMMERCE AND NAVIGATION [Page 1229] § 7781. Same; certified copies of records—The Collectors Of the Customs shall furnish certified copies of such records, on the receipt of fifty cents for each bill of Sale, mortgage, or other conveyance. (R. S. § 4.195.) See § 8138. § 7782. Same; interests named in bills of sale —All bills Of Sale of vessels registered or enrolled, Shall set forth the part of the vessel Owned by each perSOn Selling, and the part conveyed to each perSOn purchasing. (R. S. § 4196.) § 7783. Maritime Mien for repairs and sup- Iplies; enforcement in rem—Any person furnishing repairs, supplies, or other necessaries, including the use of dry dock or marine railway, to a vessel, wheth- er foreign or domestic, upon the Order of the owner Or Owners of such vessel, or of a person by him or them authorized, Shall have a maritime lien. On the Vessel which may be enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. (June 23, 1910, c. 373, § 1, 36 Stat. 604.) § 7784. Persons presumed to have authority to procure repairs and supplies—The following per- Sons shall be presumed to have authority from the owner or owners to procure repairs, supplies, and oth- er necessaries-for-the vesselſ: The managing owner, Ship’s husband, master, or any person to whom the management of the vessel at the port of supply is intrusted. No person tortiously or unlawfully in pos- session or charge of a vessel shall have authority to § the vessel. (June 23, 1910, c. 373, § 2, 36 Stat. § 7785. Same; officers and agents included with persons speeified in preceding section; lien when want of authority to bind vessel was known—The officers and agents of a vessel specified in Section two shall be taken to include such officers and agents when appointed by a charterer, by an OWner pro hac vice, or by an agreed purchaser in possession of the vessel; but nothing in this Act shall be construed to confer a lien when the furnisher knew, Or by the exercise of reasonable diligence could have ascertained, that because of the terms of a char- ter party, agreement for sale of the vessel, or for any Other reason, the person ordering the repairs, sup- plies, or other necessaries was without authority to bind the vessel therefor. (June 23, 1910, c. 373, § 3, 36 Stat. 605.) r - § 7786. Waiver of right to lien; to other rights and remedies—Nothing in this Act shall be Construed to prevent a furnisher of repairs, supplies, or other necessaries from waiving his right to a lien at any time, by agreement or otherwise, and this Act shall not be construed to affect the rules of law now existing, either in regard to the right to proceed against a vessel for advances, Or in regard to laches in the enforcement of liens On vessels, or in regard to the priority or rank of liens, or in regard to the right to proceed in perSonam. (June 23, 1910, c. 373, § 4, 36 Stat. 605.) | § 7787. State statutes conferring liens su- perseded—This Act shall supersede the provisions of all State statutes Conferring liens On Vessels in So far as the same purport to create rights of action to be enforced by proceedings in rem against vessels for re- pairs, supplies, and other necessaries. (June 23, 1910, c. 373, § 5, 36 Stat. 604.) - § 7788. Unrigged wooden vessels; notation of rebuilding on list of merchant vessels—Upon affi- davit by reputable shipbuilder of the United States that an unrigged WOOden vessel of the United States has been rebuilt, giving the date and place of such rebuilding, is sound and free from rotten or doted Wood in structural parts, properly fastened and calked and in Strength and SeaWOrthiness as good as new, the Commissioner of Navigation shall include in the Ilist of Merchant Vessels a notation to that effect. (July 9, 1912, c. 220, 37 Stat. 189.) Chapter Two—Clearance and Entry Sec. 7789. Granting clearances. 7790. Oath of master. 7791. Form of manifest. 7792. Manifests of shippers. 7793. Form of clearance. State inspection laws. - 7795. Conveyance of bullion, coin, notes or bonds for United States. 7796. Clearance of vessel laden with live-oak. 7797. Payment of fees on vessels outward bound. 7798. Copy of rates of consular fees annexed to clearance. 7759. Steamboats on Lake Champlain. 7800. Production and deposit of papers of foreign vessels. 7801. Same; exceptions. 7802. Delivery of papers by foreign consul. e - 7803. Statement of consular services performed without fee - filed. 7804. Pleasure yachts; license; entry and clearance; restric- tions. - 7805. Same; bond. - Same; penalty for violation of act. . Same; signals. - 7808. Yachts belonging to foreign yacht-clubs; emption from charges and tonnage taxes; Commissions to yachtS. reciprocal ex- licenses. . . . . ifest of dutiable articles. -- - - § 7789. Granting clearances—The master Or person having the charge or command of any vessel bound to a foreign port, shall deliver to the Collector of the district from which such vessel is about to depart, a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear to the truth thereof; whereupon the Col- lector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in the clearance, unless required by the master Or other person having the charge or Command Of Such vessel so to do. If any vessel bound to a foreign port departs on her voyage to such foreign port without delivering such manifest and obtaining a clearance, as hereby required, the master or other person hav- ing the charge or command of such vessel shall be liable to a penalty of five hundred dollars for every Such Offense. (R. S. § 4197.) See §§ 3523, 3905, 10162, 10163. § 7790. Oath of master—The oath to be taken by the master or commander of the vessel shall be as follows: - - District Of I, (insert the name), master or commander of the (insert the denomination and name of the vessel), bound from the port of (insert the name of the port or place sailing from) to (insert the name of the port or place bound to), do solemnly, sincerely, and truly swear (or affirm, as the case may be) that the manifest of the cargo on board the said (insert de- nomination and name of the vessel), now delivered by me to the Collector of this district, and subscribed with my name, contains, a CCOrding to the best Of my knowledge and belief, a full, just, and true account Of all the goods, wares, and merchandise now actually laden. On board the said vessel, and Of the Value thereof; and if any other goods, Wares, or merchan- dise shall be laden or put on board the said (insert denomination and name of vessel) previous to her sailing from this port, I will immediately report the same to the said collector. I do also SWear (Or af- firm) that I verily believe the duties on all the foreign merchandise therein specified have been paid or Secured, according to law, and that no part thereof is intended to be relanded within the United States, and that if by distress or other unavoidable accident it shall become necessary to reland the same, I will forthwith make a just and true report thereof to the Collector of the Customs of the district wherein Such distress or accident may happen. So help me God. (R. S. § 4.198.) Entry of yachts on return from foreign countries; Iſla Il- 3 7791 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1230I. § 7791. Form of manifest—The form of the re- port and manifest to be delivered to the Collector Shall be as follows: - - - Report and manifest of the cargo laden at the port of 9 On board the master, bound for port Packages or Value at the Marks. Numbers. articles in gº." port of ex- bulk. Q1 º portation. (R. S. § 4199.) § 7792. Manifests of shippers—Before a Clear- ance shall be granted for any vessel bound to a for- eign port, the owners, Shippers, or consignors of the cargo of such vessel shall deliver to the Collector manifests of the Cargo, or the parts thereof shipped by them respectively, and shall verify the same by oath. Such manifests shall specify the kinds and quantities of the articles shipped respectively, and the value of the total quantity of each kind of ar- ticles; and the Oath to each manifest shall State that it contains a full, just, and true account of all articles laden on board Of Such vessel by the Owners, shippers, or Consignors, respectively, and that the values Of Such articles are truly Stated, a CCOrding to their actual cost, or the values which they truly bear at the port and time of exportation. And be- fore a clearance shall be granted for any such ves- Sel, the master Of that Vessel, and the OWners, Ship- pers, and Consignors of the Cargo, Shall State, upon Oath, to the collector, the foreign port Or Country in which such cargo is truly intended to be landed. The oaths shall be taken and subscribed in writing. (R. S. § 4200.) - - See § 7472. - - § 7793. Form of clearance—The form of a clear- ance, to be granted to a ship or vessel on her departure to a foreign port Or place, shall be as follows: District Of , SS, - - - POrt Of : - - These are to certify all whom it doth concern, that , master Or COmmander Of the , burden tons, Or thereabouts, mounted with gullS, navigated with men, built, and bound for - , having on board , hath here entered and cleared his said vessel according to law. Given under our hands and seals, at the custom-house of y this day of , One thousand , and in £he year of the Independence of the United States of America. (R. S. § 420.1.) - § 7794. State inspection laws—The collectors Jand other officers of the customs shall pay due re- gard to the inspection laws of the States in which they may respectively act, in Such manner that no vessel having. On board goods liable to inspection shall be cleared until the master, or Other proper person, shall have produced such certificate that all such goods have been duly inspected, as the laws of the respective States may require to be produced to col- lectors or other officers of the customs. (R. S. § 4202.) (R. S. § 4203. Repealed.) This section provided for the compulsory conveyance by all vessels belonging to citizens of the United States of the mails between United States ports and foreign ports. It was repealed by Act June 26, 1884, c. 121, § 23, which also repealed R. S. § 3976, which contained provisions sim- ilar to those of this section, and R. S. § 4212. - $ 7795. Conveyanee of bullion, coin, notes or honds for United States—All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clear- ance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice-consul, or com- shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consign- ees, On arriving at the port of destination; and sha}l receive for Such service Such reasonable Compensa- tion as may be allowed to other carriers in the Or- dinary transactions of business. (R. S. § 4204.) § 7796. Clearance of vessel laden with live- oak—Collectors Of the Collection-districts within the States of Florida, Alabama, Mississippi, and Louisi- ana, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, shall as- Certain Satisfactorily that such timber was cut from private lands, or, if from public lands, by consent of the Department of the Navy. (R. S. § 4205.) See § 4982. - - § 7797. Payment of fees on vessels outward Thound—Previous to a clearance being granted to any vessel, Outward bound, the legal fees which shall have accrued on such vessel shall be paid at the Of- fices where such fees are respectively payable; and receipts for the same shall be produced to the Collec- tor or other officer whose duty it may be to grant clearances, before a clearance is granted. (R. S. § 4206.) - - - . See § 8138. § 7798. Copy of rates of consular fees an- nexed to clearance—Whenever any Clearance is granted to any vessel of the United States, duly reg- istered as such, and bound on any foreign voyage, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which dip- lomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services. (R. S. § 4207.) See § 3176. - § 7799. Steamboats on Lake Champlain—The master or person having charge or command of any steamboat on Lake Champlain, when going from the United States into the province of Quebec, may de- liver a manifest of the Cargo on board, and take a Clearance from the Collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her VOy- age, or where her cargo shall have been taken. On board. (R. S. § 4208.) § 7800. Production and deposit of papers of foreign vessels—The register, or other document in lieu thereof, together with the clearance and Other papers granted by the officers of the customs to any foreign vessel, at her departure from the port from which she may have arrived, shall, previous to entry in any port of the United States, be produced to the collector with whom such entry is to be made. It shall be the duty of the master, within forty-eight hours after such entry, to deposit the paperS With the consul or vice-consul of the nation to which the vessel belongs, and to deliver to the collector the cer- tificate of such consul or vice-consul that the papers have been so deposited. Every master who fails to comply with this regulation shall be punishable by a fine of not less than five hundred dollars, nor more than two thousand dollars. (R. S. § 4209.) § 7801. Same; exceptions—The preceding sec- tion shall not extend to the vessels of foreign nations in whose ports American consuls are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nation. (R. S. § 4210.) : * , . " § 7802. Delivery of papers by foreign con- sul—It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the regis- ter and other papers deposited with him pursuant to the provisions of the preceding section, until such master shall produce to him a clearance in due form from the collector of the port where such vessel has - n- been entered. Any consul offending against the pro- mercial Or Other agent of the United States abroad, J. visions of this section shall be fined not less than five Ch. 2) & 7810 REGULATION OF COMMERCE AND NAVIGATION IPage 12311 hundred dollars, nor more than five thousand. (R. S. § 4211.) (R. S. § 4212. Superseded.) * This section provided that upon the entry of every ves- sel of the United States from any foreign port the master thereof should make return on oath to the delivery of the mails placed on board his vessel, and that in case of a failure to make said oath, the vessel should not be entitled to the privileges of a vessel of the United States. It was superseded by § 7469, which repealed R. S. § 4203, and R. S. § 3976, which contained a provision similar to that contained in this section. § 7803. Statement of consular services per- formed without fee filed—It shall be the duty of all masters of vessels for whom any Official Services shall be performed by any consular officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, aft- . er certifying as to whether such statement is correct, . to furnish it to the Collector Of the district in which Such vessels shall first arrive On their return to the United States; and if any such master of a vessel Shall fail to furnish Such statement, he shall be lia- ble to a fine Of not exceeding fifty dollars, unless Such master Shall state under Oath that no such state- ment was furnished him by Said consular officer. And it shall be the duty of every collector to for- ward to the Secretary of the Treasury all such state- ments as Shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the Consular Officer by whom the same were Certified. (R. S. § 4213, amended, June 26, 1884, c. 121, § 13, 23 Stat. 56.) See §§ 3175, 3176. - § 7804. Pleasure yachts; license; entry and clearance; restrictions—The Secretary Of Commerce [and Labor] may cause yachts used and employed exclusively as pleasure vessels Or designed as models Of naval architecture, if built and Owned in COmpli- ance with the provisions of sections forty-one hundred and thirty-three to forty-One hundred and thirty-five, to be licensed. On terms which will authorize them to proceed from port to port of the United States and to foreign ports without entering or clearing at the Customhouse; such license shall be in such form as the Secretary of Commerce [and Labor] may prescribe. Such vessels, so enrolled and licensed, shall not be al- lowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on Some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation Of the provisions of this title. (R. S. § 4214, amended, March 3, 1883, c. 133, § 1, 22 Stat. 566, Jan. 16, 1895, c. 24, § 4, 28 Stat. 624, and Aug. 20, 1912, c. 307, § 1, 37 Stat. 315.) Text in brackets superseded by § 932. See § 7714. § 7805. Same; bond—No bond shall be required on the licensing of yachts; no licensed yacht shall engage in any trade, nor in any way violate the reve- nue laws of the United States; and every such yacht shall comply with the laws in all respects. Section one of the Act approved March third, eighteen hun- dred and eighty-three, amending Section forty-two hundred and fourteen, Revised Statutes, and SO forth, is amended accordingly. (Jan. 16, 1895, c. 24, § 4, 28 Stat. 625.) § 7806. Same; penalty for violation of act— Any master or owner violating the provisions of this or the preceding section shall be liable to the penalty of two hundred dollars, in addition to any Other pen- alty imposed by law. The Secretary of the Treasury shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. (Jan. 16, 1895, C. 24, § 5, 28 Stat. 625.) § 7807, Same; signals—All such licensed yachts Shall use a signal of the form, size, and colors pre- scribed by the Secretary of the Navy; and the own- ers thereof shall at all times permit the naval archi- tects in the employ of the United States to examine and copy the models of such yachts. (R. S. § 4215.) See § 7761. (R. S. § 4216. Repealed.) f º: section, as enacted in the Revised Statutes, was as O II OWS : - “Yachts belonging to a regularly organized yacht club of any foreign nation which shall extend like privileges to the yachts of the United States, shall have the privi- lege of entering or leaving any port of the United States without entering or clearing at the custom house thereof or paying tonnage tax.” It was amended by Act Feb. 5, 1897, c. 167, § 1, by adding thereto the following proviso: “Provided, that the privileges of this section shall not extend to any yacht built outside of the United States and owned, chartered, or used by a citizen of the United States, unless such ownership or charter was acquired prior to the passage of this act.” The section was re- pealed by Act May 28, 1908, c. 212, § 6, section 5 of which act (§ 7808), enacted different provisions on the same sub- ect. sºsos. Yachts belonging to foreign yacht- clubs; reciprocal exemption from charges, and tonnage taxes; licenses—That whenever it shall be made to appear to the satisfaction of the President of the United States that yachts belonging to any reg- ularly organized yacht club of the United States are allowed to arrive at and, depart from any foreign port and to cruise in the waters of Such port Without entering or clearing at the custom-house thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes. Or Charg- es for cruising licenses, the Secretary of Commerce and Labor may authorize and direct the customs au- thorities at the various ports and subports of entry of the United States to allow yachts from such foreign port belonging to any regularly Organized yacht club thereof to arrive at and depart from any port or subport of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Secretary of Com- merce and Labor may, in his discretion, direct that such foreign yachts shall be required to obtain li- censes to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this Act to cruise in waters of the United States. Such licenses shall be issued without Cost to Such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Secretary of Com- merce and Labor may deem proper: Provided, That the privileges of this section shall not extend to any yacht built outside of the United States and owned, chartered, or used by a citizen of the United States un- less Such ownership or charter was acquired prior to February fifth, eighteen hundred and ninety-Seven. (May 28, 1908, c. 212, § 5, 35 Stat. 425.) § 7809. Commissions to yachts—For the iden- tification of yachts and their owners, a commission to sail for pleasure in any designated yacht belong- ing to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary of the Treas- ury, and shall be a token of credit to any United States official, and to the authorities of any for- eign power, for privileges enjoyed under it. (R. S. § 4217.) § 7810. Entry of yachts on return from for- eign countries; manifest of dutiable articles- Every yacht, except those of fifteen gross tons or un- der, visiting a foreign country under the provisions of Sections forty-two hundred and fourteen, forty-two hundred and fifteen, and forty-two hundred and Sev- enteen of the Revised Statutes shall, On her return to the United States, make due entry at the custom- house of the port at which, on such return, she shall arrive: Provided, That nothing in this act shall be so construed as to exempt the master or person in charge of a yacht or vessel arriving from a foreign port or place with dutiable articles on board from 3 Z811 (Tit. 48 REGUIATION OF COMMERCE AND NAVIGATION [Page 1232I reporting to the customs Officer of the United States at the port or place at which said yacht or vessel shall arrive, and deliver in to said officer a manifest of all dutiable articles brought from a foreign country in Such yachts or vessels. (R. S. § 4218, amended, Aug. 20, 1912, c. 307, § 2, 37 Stat. 315.) Chapter Three—Tonnage Duties Sec. 7811. Amount of tonnage duties. 7812. Same. 78.12a. Provisions as to tonnage duties, light money, and dis- criminating duties, repealed in part. 7813. Tonnage taxes on foreign vessels coming into United States from Philippines. j813a. Tonnage tax and light dues on vessels owned by citi- zens of Philippines. 7814. Exemptions; vessels entering otherwise than by sea. * from foreign ports at which dues are not imposed on , Vessels of United States. 7815. Same; coasting and fishing vessels. - 7816. Same; vessels making daily trips on interior waters. 7817. Same; vessels touching at Canadian ports. 7818. Light-money. 7819. Same; exemption of unregistered vessels owned by citi- ZenS.' 7820. Rights under treaties preserved. 7821. Rights of Cuban vessels. 7822. Same; refund of tonnage taxes and light dues. 7823. Exemption of hospital ships in time of War from dues and taxes and pilotage charges. 7824. Same; ships exempted named and time indicated by proclamation. § 7811. Amount of tonnage duties—A tonnage duty of two cents per ton, not to exceed in the aggre- gate ten cents per ton in any one year, is hereby imposed at each entry on all vessels which shall be en- tered in any port of the United States from any for- eign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Ber- muda Islands, or the coast of South America border- ing On the Caribbean Sea, or Newfoundland, and a duty Of six cents per ton, not to exceed thirty centS per ton per annum, is hereby imposed at each entry on all vessels which shall be entered in any port Of the United States from any other foreign port, not, however, to include Wessels in distress or not engaged in trade. - This section shall not be construed to amend Or repeal section twenty-seven hundred and ninety-two of the Revised Statutes as amended by section one of chapter two hundred and twelve of the laws of nineteen hundred and eight, approved May twenty- eighth, nineteen hundred and eight, or section five of the said chapter two hundred and twelve Of the laws Of nineteen hundred and eight, or Section tWen- ty-seven hundred and ninety-three of the Revised Statutes. Section forty-two hundred and thirty-two of the Re- vised Statutes, and sections eleven and twelve Of chapter four hundred and twenty-one of the laws of eighteen hundred and eighty-six, approved June nine- teenth, eighteen hundred and eighty-six, and so much of section forty-two hundred and nineteen of the Re- vised Statutes as conflicts with this section, are here- by repealed. (Aug. 5, 1909, c. 6, § 36, 36 Stat. 111.) R. S. § 2792, is $ 5489; R. S. § 2793, is $ 5490; Act May 28, 1908, c. 212, § 5, is § 7808; R. Sº $ 4219, is § 7812. And see §§ 5316, 7709. § 7812. Same—Upon every vessel not of the United States, which shall be entered in one district from another district, having on board goods, Wares, Or merchandise taken in One district to be delivered in another district, duties shall be paid at the rate of fifty cents per ton. Nothing in this section shall be deemed in any wise to impair any rights or priv- ileges which have been or may be acquired by any foreign nation under the laws and treaties of the TJnited States relative to the duty of tonnage on ves- sels. On all foreign Vessels which shall be entered in the United States from any foreign port or place, to and With Which Vessels of the United States are not ordinarily permitted to enter and trade, there shall be paid a duty at the rate of two dollars per ton; and Inone of the duties on tonnage above mentioned shall be levied on the vessels of any foreign nation if the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nations, so far as they operate to the disad- Vantage of the United States, have been abolished. In addition to the tonnage-duty above imposed, there Shall be paid a tax, at the rate of thirty cents per ton, On Vessels which shall be entered at any custom- house within the United States from any foreign port Or place; and any rights or privileges acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on Vessels Shall not be impaired; and any vessel, any Officer of which shall not be a citizen of the United States shall pay a tax of fifty cents per ton. (R. S. § 4219, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 250, June 26, 1884, c. 121, § 14, 23 Stat. 57, June 19, 1886, c. 421, § 11, 24 Stat. 81, April 4, 1888, c. 61, § 1, 25 Stat. 80, and Aug. 5, 1909, c. 6, § 36, 36 Stat. 111.) § 7812a. Provisions as to tonnage duties, light money, and discriminating duties, repealed in part-SO much of sections forty-two hundred and Inineteen and forty-two hundred and twenty-five of the Revised Statutes as imposes tonnage duties of 50 Cents per ton and light money of 50 cents per ton On a Vessel owned by Citizens of the United States but not a Vessel of the United States; SO much of Sec- tion four J, Subsection one, of the Act of October third, Inineteen hundred and thirteen, entitled “An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,” as imposes a ClisCriminating duty of ten per centum ad valorem on all goods, Wares, or merchandise imported in a vessel OWned by citizens of the United States but not a VeSSel. Of the United States; and so much of section four J, Subsection two, of the Aćt aforesaid as pro- Vides for the forfeiture of any vessel owned by citi- ZenS Of the United States but not a vessel of the United States, together with her cargo, tackle, ap- parel, and furniture, are hereby repealed. Any such tonnage duties, light money, or discriminating duties Collected Since the passage of the Act of August eighteenth, nineteen hundred and fourteen, shall be refunded, and any such forfeitures incurred are here- by remitted: Provided, however, That the provisions Of this Act shall apply only in case that any vessel of the character above described after entering an American port shall, before leaving the same, be reg- istered as a vessel of the United States. (March 4, 1915, c. 171, § 1, 38 Stat. 1193.) See §§ 53O5, 5306, 7707a. § 7813. Tonnage taxes on foreign vessels com- ing into United States from Philippines—The Same tonnage taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippine Islands which are required by law to be levied, collected, and paid upon vessels com- ing into the United States from foreign countries. (April 29, 1908, c. 152, § 2, 35 Stat. 70.) § 7813a. Tonnage tax and light dues on ves- seis owned by citizens of Philippines—Wessels OWned by Citizens of the Philippine Islands and docu- mented as Such by the government of said islands shall hereafter be exempt in ports of the United States from payment of tonnage taxes and light dues; and the Secretary of the Treasury is hereby au- thorized, upon certification by the Commissioner of Navigation, to refund, out of any money in the Treas- ury not Otherwise appropriated, tonnage taxes and light dues imposed upon vessels owned and document- ed as aforesaid entering ports of the United States since August first, nineteen hundred and fourteen: Provided, That nothing Contained herein shall be con- strued as exempting said vessels from any taxes or dues imposed by the government of the Philippine Islands. (July 1, 1916, c. 209, § 1, 39 Stat. 286.) Ch. 4) & 7825 REGULATION OF COMMERCE AND NAVIGATION IPage 12331 § 7814. Exemptions; vessels entering other- wise than by sea from foreign ports at which dues are not imposed on vessels of United States —Wessels entering Otherwise than by Sea from a for- eign port at which tonnage or light-house dues or Other equivalent tax or taxes are not imposed on ves- Sels of the United States shall be exempt from the tonnage duty of two cents per ton, not to exceed in the aggregate ten cents per ton in any One year, pre- scribed by section thirty-six of the Act approved August fifth, nineteen hundred and nine, entitled “An Act to provide revenue, equalize duties, and en- courage the industries of the United States, and for other purposes.” (March 8, 1910, c. 86, 36 Stat. 234.) § 7815. Same; coasting and fishing vessels— No vessel belonging to any citizen of the United States, trading from one port within the United States to another port within the United States, or employed in the bank, whale, or other fisheries, shall be subject to tonnage tax or duty, if such vessel be licensed, registered or enrolled. (R. S. § 4220.) See § 5490. § 7816. Same; vessels making daily trips on interior waters—In cases of vessels making regular daily trips between any port of the United States and any port in the Dominion of Canada, wholly upon interior waters not navigable to the Ocean, no ton- nage or clearance fees shall be charged against Such vessel by the officers of the United States, except upon the first clearing of such vessel in each year. (R. S. § 4221.) § 7817. Same; vessels touching at Canadian ports—No consul or consular agent of the United States shall exact tonnage fees from any Vessel of the United States, touching at or near ports in Cana- da, on her regular voyage from one port to another within the United States, unless such Consul Or Con- Sular agent shall perform some Official services, re- quired by law for such Vessel when she shall thus touch at a Canadian port. (R. S. § 4222.) See § 5490. (R. S. §§ 4223, 4224. Repealed.) R. S. § 4223, provided that the tonnage duty imposed on all vessels engaged in foreign commerce should be levied but once within a year, and that when paid no further tonnage tax should be collected within one year from the date of Such payment, not applicable, however, to foreign vessels entered in the United States from any foreign port, to and with which vessels of the United States were not ordinarily permitted to enter and trade. R. S. § 4224, provided that vessels paying tonnage duties once a year should pay them at their first clearance from or entry at, according to priority, a custom house in the |United States in each calendar year, but that it should not prevent customs officers from collecting such ton- nage duty at the entry of vessels at their respective cus- tom houses during the calendar year if the same had not previously been paid for such year. Both these sections were repealed by Act June 26, 1884, c. 121, § 14, 23 Stat. 57, as amended by Act June 19, 1886, c. 421, § 11, 24 Stat. 81. § 7818. Light-money—A duty of fifty cents per ton, to be denominated “light money,” shall be levied and collected on all vessels not of the United States, which may enter the ports of the United States. Such light-money shall be levied and collected in the same manner and under the same regulations as the tonnage duties. (R. S. § 4225.) § 7819. Same; exemption of unregistered vessels owned by citizens—The preceding section shall not be deemed to Operate upon unregistered ves- sels, owned by citizens of the United States, and car- ‘rying a sea-letter, or other regular document, issued from a Custom-house of the United States, proving the vessel to be American property. Upon the entry of every such vessel from any foreign port, if the same shall be at the port at which the Owner or any of the part Owners reside, Such Owner or part owners shall make oath that the sea-letter or other regular document p0SSessed by Such vessel contains the name Or names Of all the persons who are then the owners of the vessel; or if any part of Such vessel has been Sold Or transferred since the date of such sea-letter or document, that such is the case, and that no foreign COMP.ST.’18—78 subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or Otherwise, in such vessel. If the owner or any part owner does not reside at the port or place at which such vessel shall enter, then the master shall make Oath to the like effect. If the Owner or part Owner, where there is one, or the master, where there is no Owner, shall refuse to So swear, such vessel shall not be entitled to the privileges granted by this section. (R. S. § 4226.) § 7820. Rights under treaties preserved— Nothing contained in this Title shall be deemed in anywise to impair any rights and privileges which have been or may be acquired by any foreign nation Under the laws and treaties Of the United States relative to the duty on tonnage of vessels, or any oth- er duty on vessels. (R. S. § 4227.) § 7821. Rights of Cuban vessels—Wessels Owned by citizens Of Cuba and documented as Such by Officers of the United States shall hereafter be entitled in ports of the United States to the rights and privileges of vessels of the most favored nation, and they and their cargoes shall be subject to no higher charges in ports of the United States than are imposed on the vessels and cargoes Of the most favored nation in the same trade. (Feb. 10, 1900, c. 15, § 1, 31 Stat. 27.) - - § 7822. Same; refund of tonnage taxes and light dues—The Secretary of the Treasury is here- by authorized to refund, out of any money in the Treasury not otherwise appropriated, upon applica- tion and satisfactory evidence, tonnage taxes and light dues which have been imposed on vessels Owned by Citizens of Cuba entering ports of the United States since April eleventh, eighteen hundred and ninety- nine, which have been in excess of the tonnage taxes prescribed by Section eleven Of the Act of June nine- teenth, eighteen hundred and eighty-six. (Feb. 10, 1900, c. 15, § 2, 31 Stat. 27.) § 7823. Exemption of hospital ships in time of war from dues and taxes and pilotage charges —Hospital ships, concerning which the Conditions set forth in articles one, two, and three of the con- vention concluded at The Hague on July twenty-ninth, eighteen hundred and ninety-nine, for the adaptation to maritime warfare of the principles of the Geneva convention of August twenty-second, eighteen hundred and sixty-four, are fulfilled, shall, in the ports of the United States and the possessions thereof, be exempt- ed, in time of war, from all dues and taxes imposed On vessels by the laws of the United States, and from all pilotage charges. (March 24, 1908, c. 96, § 1, 35 Stat. 46.) § 7824. Same; ships exempted named and time indicated by proclamation—The President of the United States Shall by proclamation name the hospital ships to which this Act shall apply, and shall indicate the time when the exemptions herein provid- ed for shall begin and end. (March 24, 1908, c. 96, § 2, 35 Stat. 46.) Chapter Four—Discriminating Duties Sec. and Reciprocal Privileges 7825. Suspension by President, 7826. Vessels of Prussia. 7827. Termination of privileges. 7828. Spanish vessels. 7829. Retaliatory suspension of commercial privileges to for- eign vessels. 7830. Retaliation on denial of rights to United States vessels in British North America. 7831 Suspension of free passage through St. Marys Falls Ca- nal ; tolls. 7832. Collection of tolls. § 7825. Suspension by President—Upon satis- factory proof being given to the President, by the government of any foreign nation, that no discrim- inating duties of tonnage or imposts are imposed or levied in the ports of Such nation upon vessels wholly ź 7826 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1234] belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the Same from the United States or from any foreign COuntry, the President may issue his proclamation, de- claring that the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, So far as respects the vessels of such foreign nation, and the produce, man- ufactures, Or merchandise imported into the United States from such foreign nation, or from any other foreign Country ; the suspension to take effect from the time of such notification being given to the Presi- dent, and to continue so long as the reciprocal exemp- tion of vessels, belonging to citizens of the United States, and their cargoes, shall be continued, and no longer. Provided, That the President is authorized to suspend in part the operation of sections forty-two hundred and nineteen and twenty-five hundred and . two so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in Our ports the identical privileges which the same class of American vessels and merchandise may enjoy in said foreign country. (R. S. § 4228, amended, July 24, 1897, c. 13, 30 Stat. 214.) § 7826. Vessels of Prussia—No other or higher rate of duties shall be imposed or collected on Vessels of Prussia, or of her dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are or may be payable on vessels of the United States, and their cargoes. (R. S. § 4229.) § 7827. Termination of privileges—The preced- ing section shall continue and be in force during the time that the equality for which it provides shall, in all respects, be reciprocated in the ports of Prussia and her dominions; and if at any time hereafter the equality shall not be reciprocated in the ports of Prus- sia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the section preceding shall cease to be in force. (R. S. § 4230.) * § 7828. Spanish vessels—From Spanish vessels coming from any port or place in Spain or her colo- nies, where no discriminating or countervailing duties on tonnage are levied upon vessels Of the United States, or from any other port or place to and with which vessels of the United States are Ordinarily permitted to go and trade, there shall be exacted in the ports of the United States no other or greater duty on tonnage than at the time may be exacted. Of vessels of the United States. (R. S. § 4231.) § 7829. Retaliatory suspension of commercial privileges to foreign vessels—Whenever any for- eign country whose vessels have been placed on the same footing in the ports of the United States as American vessels (the coastwise trade excepted) Shall deny to any vessels of the United States any of the commercial privileges accorded to national vessels in the harbors, ports, or waters of such foreign COun- try, the President, on receiving satisfactory informa- tion of the continuance of such discriminations against any vessels of the United States, is hereby authorized to issue his proclamation excluding, on and after Such time as he may indicate, from the exercise Of Such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels Of the United States thus discriminated against, and suspending Such COncessions previously granted to the Vessels Of Such Country; and On and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise Of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States; and any person opposing any officer of the United States in the enforcement of this act, or aiding and abetting any other person in such Opposition, shall forfeit eight hundred dollars, and shall be guilty Of a misdemieanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. (June 19, 1886, C. 421, § 17, 24 Stat. 82.) . . § 7830. Retaliation on denial of rights to United States vessels in British North Armerica— Whenever the President of the United States shall be satisfied that American fishing vessels or American fishermen, visiting or being in the waters or at any ports or places of the British dominions of North America, are or then lately have been denied Or abridged in the enjoyment of any rights Secured to them by treaty or law, or are or then lately have been unjustly vexed Or harassed in the enjoyment Of Such rights, or subjected to unreasonable restrictions, regu- lations, or requirements in respect of such rights ; Or otherwise, unjustly vexed or harassed in said waters, ports or places; or whenever the President of the United States shall be Satisfied that any Such fishing vessels or fishermen, having a permit under the laws of the |United States to touch and trade at any port or ports, place or places, in the British dominions of North America, are or then lately have been denied the priv- ilege of entering such port or ports, plage or places in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British dominions of NOrth America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most fa- vored nation, or unjustly vexed Or harassed in re- spect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all Of Such cases, it shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and Crews, Of the British do- minions of North America, any ‘entrance into the Wa- ters, ports, or places of, or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the Presi- dent shall seem proper), whether such vessels shall have come directly from said dominions on Such destined voyage or by way of some port or place in such destin- ed voyage elsewhere; and also, to deny entry into any port or place of the United States of fresh fish or Salt fish or any other product of Said dominions, or other goods coming from said dominions to the TJnited States. The president may, in his discretion, apply such proclamation to any part Or to all Of the foregoing-named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execu- tion of the purposes of this act. Every violation of any such proclamation, or any part thereof, is hereby declared illegal, and all vessels and goods SO COming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the Same manner and with the same effect as in the Case of vessels or goods whose importation or Coming to Or being in the waters or ports of the United States contrary to law may now be enforced and proceeded upon. Every person who shall violate any of the pro- visions of this act, or such proclamation Of the Presi- Ch. 5) 3 7832 REGULATION OF COMMERCE AND NAVIGATION [Page 1235] dent made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dol- lars, or by imprisonment for a term not exceeding tWO years, or by both said punishments, in the discretion of the court. (March 3, 1887, c. 339, 24 Stat. 475.) § 7831. Suspension of free passage through St. Marys Falls Canal; tolls—With a view of Se- curing reciprocal advantages for the citizens, ports, and vessels of the United States, On and after the first day of August, eighteen hundred and ninety-two, Whenever and SO Often as the President shall be Sat- isfied that the passage through any canal or lock con- nected with the navigation of the Saint Lawrence River, the Great Lakes, or the water ways connecting the same, of any vessels of the United States, or of Cargoes Ol' passengers in transit to any port Of the United States, is prohibited Or is made difficult or burdensome by the imposition of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, now permitted to vessels of all nations, he shall deem to be reciprocally unjust and unreasonable, he shall have the power, and it shall be his duty, to Suspend by proclamation to that effect, for Such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so . far as it -relates to vessels owned by the subjects of the Government SO discriminating against the Citizens, ports, or Vessels Of the United States, or to any Car- goes, portions of cargoes, or passengers in transit to the ports of the government making such discrimina- tion, whether carried in vessels Of the United States Or Of Other nations. In such case and during such suspension tolls shall be levied, collected, and paid as follows, to Wit: Upon freight of whatever kind Or description, not to exceed two dollars per ton ; upon passengers, not to exceed five dollars each, as Shall be from time to time de- termined by the President: Provided, That no tolls shall be charged or collected upon freight or passen- gers carried to and landed at Ogdensburg, Or any port west of Ogdensburg, and South of a line drawn from the northern boundary of the State of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern bound- ary of the State of Minnesota. (July 26, 1892, c. 248, § 1, 27 Stat. 267.) § 7832. Collection of tolls—All tolls so charged shall be collected under such regulations as shall be prescribed by the Secretary of the Treasury, who may require the master of each vessel to furnish a sworn Statement of the amount and kind Of Cargo and the number of passéngers carried and the destination of the same, and such proof of the actual delivery of such cargo or passengers at some port or place within the limits above named as he shall deem satis- factory; and until such proof is furnished such freight and passengers may be COnsidered to have been landed at Some port Or place Outside of those limits, and the amount of tolls which would have accrued if they had been so delivered shall Constitute a lien which may be enforced against the vessel in default where- ever and whenever found in the waters of the United States. (July 26, 1892, c. 248, § 2, 27 Stat. 268.) (R. S. § 4232. Repealed.) This section provided that mail steamships employed in the mail Service between the United States and Brazil should be exempt from all port charges and custom-house dues at the port of departure and arrival in the United States if, and so long as, a similar immunity was grant- ed by the government of Brazil. It was repealed by sec- tion 36 of the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6 (§ 7811). Chapter Five—Navigation The original rules for the prevention of collisions on , the water were contained in R. S. § 4233, which consisted of 26 rules, R. S. § 4412, which authorized the board of supervising inspectors to establish such regulations to be observed by all steam vessels in passing each other, as ſ they should from time to time deem necessary for safety, and provided that copies of such regulations should be furnished to all of such vessels, to be kept posted up in conspicuous places in such vessels, and R. S. § 4413, which prescribed a penalty for neglecting or willfully refusing to observe the regulations established pursuant to Said Sec- tion 4412. - The rules prescribed by said R. S. § 4233 were super- Seded as to navigation on the high seas and in all coast Waters of the United States, except such as were other- wise provided for, by the adoption of the “Revised In- ternational Regulations” by Act March 3, 1885, c. 354, 23 Stat. 438, which said rules were superseded by the pas— Sage and adoption of Act Aug. 19, 1890, c. 802, section 1 of Which enacted a set of regulations for preventing col- lisions at sea to be followed by all public and private Vessels of the United States upon the high seas and in all Waters connected there with, navigable by Seagoing VeSSelS. tº - Said Act Aug. 19, 1890, c. 802, § 1, consisted of 31 arti- cles. Section 2 of said Act Aug. 19, 1890, c. 802, repealed all laws and parts of laws inconsistent with the regula- tions for preventing collisions at sea for the navigation of all public and private vessels of the United States upon the high Seas, and in all waters connected there with nav- igable by Seagoing vessels, prescribed by section 1 of Said act. The rules prescribed by said R. S. § 4233, were further Superseded as to navigation on the Great Lakes and their Connecting and tributary waters as far east as Montreal by Act Feb. 5, 1895, c. 64, section 1 of which enacted rules for preventing collisions to be followed in the navi- gation of all public and private vessels of the United States upon the Great Lakes and their connecting -and- tributary. Waters as far east as Montreal. Said section 1 contained 28 articles. Section 2 of said Act Feb. 8, 1895, c. 4, prescribed a fine for violations of the act. Section 3 of Said Act Feb. 8, 1895, c. 64, gave the Secretary of the Treasury authority to establish all necessary regula- tions, not incopsistent with the act, necessary to carry the act into effect, and gave the Board of Supervising Inspectors of the United States authority to ‘establish such regulations to be observed by all steam vessels in passing each other, not inconsistent with the act, as they should from time to time deem necessary, and provided that the regulations so adopted, when approved by the Secretary of the Treasury, should have the force of law. Section 4 of Said Act Feb. 8, 1895, c. 64, repealed all laws or parts of laws, So far as applicable to the navigation of the Great Lakes and their connecting and tributary waters as far east as Montreal, inconsistent with the rules promul- gated by the act. The rules, prescribed by said R. S. § 4233, and by said R. S. §§ 4412, 4414, and the regulations pursuant thereto, were required to be followed on the harbors, rivers, and inland Waters of the United States, and the provisions of Said Sections were made special rules, duly made by local authority, relative to the navigation of harbors, rivers, and inland Waters, as provided for by article 30 of said Act Aug. 19, 1890, c. 802, § 1, by Act Feb. 19, 1895, c. 102, § 1. Section 2 of said Act Feb. 19, 1895, c. 102, § 2, authorized the Secretary of the Treasury to designate and define by suitable bearing or range with light houses, light vessels, buoys, or coast objects the lines dividing the high seas from rivers, harbors and inland Waters. Section 3 of said Act Feb. 19, 1895, c. 102, required collectors or other chief of- ficers of the customs to require sail vessels to be furnished With proper signal lights, and prescribed a penalty to be assessed against vessels navigated without complying with the statutes of the United States, or the regulations law- fully made thereunder. Section 4 of said Act Feb. 19, 1895, c. 102, provided that the words “inland waters” should not be held to include the Great JLakes and their con- necting and tributary waters as far east as Montreal, and provided that the act should not modify or affect the provisions of Act Feb. 8, 1895, c. 64, which was the act prescribing rules for preventing collisions to be followed in the navigation of all public and private vessels upon the Great Lakes and their connecting and tributary waters as far east as Montreal. The rules prescribed by said R. S. § 4233, were further superseded as to the navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary Waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by Act June 7, 1897, c. 4, Section 1 of which enacted a set of regulations for preventing collisions, to be followed by all vessels navigating all harbors, rivers, and inland wa- ters of the United States, except the Great Lakes and their connecting and tributary waters as 'far east as Montreal and the Red River of the Nortin and rivers emptying into the Gulf of Mexico and their tributaries. Said section 1 consisted of 31 articles. Section 2 of said Act June 7, 1897, c. 4, authorized the supervising inspectors of steam-vessels and the Supervising Inspector-General to establish rules to be observed by steam vessels in passing each other and as to the lights to be carried by ferry-boats and by barges and canal-boats, when in tow of steam-vessels, not inconsistent with the provisions of the act, Such rules, When approved by the Secretary of the Treasury, to be special rules duly made by local authority, as provided REGULATION OF COMMERCE AND NAVIGATION (Tit. 48 [Page 1236I for by article 30 of said Act Aug. 19, 1890, c. 802, § 1, which said article provided that nothing in the rules con- talned in said act should interfere With the operation of Special rules, duly made by local authority, relative to the navigation of any harbor, river, or inland waters. Sec- tion 3 of said Act June 7, 1897, c. 4, prescribed a penalty for violations of the provisions of the act or the regula- tions established pursuant to said section 2. Section 4 of said Act June 7, 1897, c. 4, also prescribed a penalty to be assessed against vessels navigated without compliance with the provisions of the act. Section 5 of said Act June 7, 1897, c. 4, repealed . R. S. §§ 4233, 4412 (with the regulations made in pursuance thereof, except the rules and regulations for the government of pilots of Steamers navigating the Red River of the North and rivers empty- ing into the Gulf of Mexico and their tributaries, and eX- cept the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), § 4413, Act March 3, 1893, c. 202, which amended R. S. § 4233, Act Feb. 19, 1895, c. 102, §§ 1, 3, and Act March 3, 1897, c. 389, §§ 5, 12, 13, and all amendments thereto in So far as the harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal, and the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries) were concerned. e This legislation resulted in the following situation: Nayi- gation on the high seas is governed by Act Aug. 19, 1890, c. 802, with its amendatory and supplementary acts, §§ 7834–7871; navigation on all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Mon- treal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, is governed by Act June 7, 1897, c. 4, as amended, §§ 7872-7909; navi- gation on the Great Lakes and their connecting and tribu- tary waters as far east as Montreal is governed by Act Feb. 8, 1895, c. 64, §§ 7910-7941; and navigation on the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries is governed by R. S. § 4233, as amended and supplemented, §§ 7942–7974. PERMANENT INTERNATIONAL COMMISSION OF CON- Sec. GRESSES OF NAVIGATION 7833. Expenses of delegates. INTERNATIONAL RUILES FOR PREVENTING COLLISIONS AT SEA 7834. Regulations for preventing collisions. * } PRELIMINARY 7835. Meaning of words. RULES CONCERNING LIGHTS, AND SO FORTH 7836. Meaning of word “visible.” - 7837. (Art. 1.) Time for compliance with rules concerning lights. 7838. (Art. 2.) Lights of steam vessels under way. 7839. (Art. 3.) Steam vessel towing another vessel or vessels. 7840. (Art. : Vessel not under control, and telegraphic cable WeSSei. - 7841. (Art. 5.) Sailing vessel under way and vessel in tow. 7842. (Art. 6.) Small vessels under way in bad weather. 7843. (Art. 7.) Small vessels and rowing boats. 7844. (Art. 8.) Pilot-Wessel on and off pilotage duty. 7845. Steam pilot vessel. 7846. Construction of preceding provision. 7847. (Art. 9...). Fishing vessels and fishing boats. 7848. (Art. 10.) Vessel overtaken by another. 7849. (Art. 11.) Vessel at anchor or aground in or near fair- Way. 7850. (Art. 12.) Additional flare-up light or detonating signal. 7851. (Art. 13.) Ships of war and convoys. 7852. (Art. 14.) Steam vessels under sail only. SOUND SIGNALS FOR FOG, AND SO FORTH 7853. (Art. 15.) Fog signals. SPEED OF SHIPS TO BE MODERATE IN FOG, AND SO FORTH 7854. (Art. 16.) Speed of vessels in fog. STEERING AND SATLING RULES Preliminary–Risk of Collision 7855. Ascertainment of risk of collision. 7856. (Art. 17.) Rules of avoidance of risk; approaching one another. 7857. (Art. 18.) Steam vessels meeting end on. 7858. (Art. 19.) Steam vessels crossing., 7859. (Art. 20.) Steam and sailing vessels meeting. 7860. (Art. 21.) What vessel shall keep her course. 7861. (Art. 22.) Vessel to avoid crossing ahead. 7862. (Art. 23.) Steam vessel to slacken speed. 7863. (Art. 24.) Overtaking vessel to keep out of the way; definition of “overtaking vessel.” t 7864. (Art. 25.) Steam-vessel in narrow channel. 7865. (Art. 26.) Sailing-vessels under way to avoid fishing boats; fishing boats not to obstruct fair-ways. 7866. (Art. 27.) Obedience to and construction of rules. SOUND SIGNALS FOR WESSELS IN SIGHT OF ONE, ANOTHER 7867. (Art. 28.) Meaning of “short blast”; steam-vessel un- der way to signal course by whistle; meaning of one, two, three “short blasts.” Sailing vessels Sec. - NO VESSEL, UNDER ANY CIRCUMSTANCEs, To NEGLECT PROPER PRECAUTIONS - 7868. (Art. 29.) Vessels not to neglect precautions. RESERVATION OF RULES FOR HARBORS AND INLAND NAVIGATION 7869. (Art. 30.) Reservation of rules for harbors, rivers, and inland waters. DISTRESS SIGNALS 7870. (Art. 31.) Distress signals, in day time; 7871. Repeal. RULES FOR HARBORS, RIVERS, AND INLAND WATERS 7872. Regulations for preventing collisions in harbors and on inland waters. - at night. PRELIMINARY 7873. Meaning of words “sailing-vessel,” “steam-vessel,” and “under way.” º RULES CONCERNING LIGHTS, AND SO FORTH Meaning of word “visible.” º ÖPeriod of compliance with rules concerning lights. (Art. 2.) Lights of steam-vessel under way. (Art. 3.) Steam-vessel when towing another vessel or Vessels. 7878. (Art. 5.) Sailing-vessel under way or in tow. 7879. (Art. 6.) Small vessel under way in bad weather. 7880. (Art. 7.) Rowboats. 7874. 7875. 7876. 7877. 7881. (Art. 8.) Pilot-vessels on and off pilotage duty. 7882. (Art. 9.) Small fishing-vessels. 7883. (Art. 10.) Vessel overtaken by another. 7884. (Art. 11.) Vessel at anchor. 7885. 7886. 7887. (Art. 12.) Additional lights. (Art. 13.) Ships of war and convoys. (Art. 14.) Steam-vessel under sail only. SOUND SIGNALS FOR FOG, AND SO FORTH 7888. (Art. 15.) Fog signals. SPEED OF SHIPS TO BE MODERATE IN FOG, AND so FORTH 7889. (Art. 16.) Speed of vessels in fog. STEERING AND SATLING RULES Preliminary—Risk of Collision 7890. Ascertainment of risk of collision. 7891. (Art. 17.) Rules of avoidance of risk; Sailing-vessels ap- proaching one another. 7892. (Art. 18.) Steam-vessels meeting end on. 7893. (Art. 19.) Steam-Wessels crossing. - 7894. (Art. 20.) Steam and sailing vessels meeting. 7895. (Art. 21.) What vessel shall keep her course. 7896. (Art. 22.) Vessel to avoid crossing ahead. 7897. (Art. 23.) Steam-vessels to slacken speed. 7898. (Art. 24.) Overtaking vessel to keep out of the way; definition of “overtaking vessel.” - 7899. (Art. 25.) Steam-vessel in narrow channels. 7900. (Art. 26.) Sailing-vessels under way to avoid fishing boats; fishing boats not to obstruct fair-ways. 7901. (Art. 27.) Obedience to and construction of rules. SOUND SIGNALS FOR WESSELS IN SIGIIT OF ONE ANOTHER 7902. (Art. 28.) Signal of steam-vessel going at full speed astern. NO WESSEL UNIDER ANY CIRCUIMSTANCES TO INEGLECT PROPER PRECAUTIONS 7903. (Art. 29.) Vessels not to neglect precautions. 7904. (Art. 30.) War and revenue vessels. DISTRESS SIGNALS 7905. (Art. 31.) Distress signals. 7906. Rules to be established for steam-vessels passing, and as to lights on ferry-boats, barges and canal boats in tow, and as to lights and day signals for vessels and dredges working on wrecks. 7907. Pilots violating provisions of act; vessel or OWner. 7908. Vessels navigated without compliance with act; pen- penalty; liability of alty. 7909. Repeal. RULES FOR GREAT LAKES AND CONNECTING AND TRIBUTARY WATERs 7910. Rules for preventing collisions on the Great Lakes. - STEAM AND SAIL VIESSELS (Rule 1.) Meaning of words “sail-vessel,” “steam-ves- sel,” “under way.” LIGHTS 7912. (Rule 2.) Period of compliance with rules concerning lights; meaning of word “visible.” 7913. (Rule 3.) Lights of steam-vessel under way. VESSELS TOWING 7914. (Rule 4.) Steam-vessel having a vessel in tow. 7915. (Rule 5.) Steam-vessel having a raft in tow. 7916. (Rule 6.) Sailing-vessel under way or vessel in tow. 7917. (Rule 7.) Rules to be made for tugs. 7918. (Rule 8.) Small vessel may use portable lights. 7919. (Rule 9.) Vessel at anchor. 7911. Ch. 5) # 7837 REGULATION OF COMMERCE AND NAVIGATION IPage Sec. - 7920. (Rule 10.) Produce and canal boats. 7921. (Rule 11.) Open boats. 7922. (Rule 12.) Use of torch. 7923. (Rule 13.) War and revenue ships. FOG SIGNAIAS 7924. (Rule 14.) Fog signals of steam-vessels and sailing-Ves- Sels under way and at anchor. 7925. (Rule 15.) Reduced speed in thick weather. STEERING AND SAILING RULES Sailing-Vessels 7926. (Rule 16.) Avoidance of risk of collisions; sailing-Ves- Sels approaching one another. - Stea???-Wessels 7927. (Rule 17.) Steam-vessels meeting end on. 7928. (Rule 18.) Steam-vessels crossing. 7929. (Rule 19.) Steam and sailing vessels meeting. 7930. (Rule 20.) What vessel shall keep her course. 7931. (Rule 21.) What vessel to slacken Speed. 7932. (Rule. 22.) Overtaking vessel to keep out of the way. 7933. (Rule 23.) Whistle signals; one blast, two blasts. 7934. (Rule 24.) Vessels in rivers Saint Mary and Saint Clair. 7935. (Rule 25.) Vessels in narrow channels. 7936. (Rule 26.) Refusal to pass. 7937. (Rule 27.) Obedience to and construction of rules. 7938. (Rule 28.) Vessels not to neglect precautions. 7939. Violations of provisions of act; penalty. 7940. Regulations; steam-vessels passing; copies of rules. 7941. Repeal. - RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO 7942. Rules for preventing collisions. - - - - - - - - STEAM AND SAIL VESSELS - - 7943. (Rule 1.) Meaning of words “sail vessel” and “steam vessel.” LIGHTS 7944. Gº 2.) Period of compliance with rules concerning ightS. 7945. (Rule 3.) Lights of ocean steamers, and steamers car- rying sail, under way. 7946. (Rule 4.) Steam-vessel towing other vessels. 7947. (Rule 5.) Steam-vessels other than ocean steamers, and Steamers carrying sail. 7948. (Rule 6.) Vessels on waters flowing into Gulf of Mexico. 7949. (Rule 7.) Coasting and inland waters steam-vessels, fer- ry-boats, barges, and canal-boats. 7950. (Rule 8.) Sailing-vessels under way or in tow. 7951. (Rule 9.) Small vessels in bad weather. 7952. . (Rule 10.) Vessels at anchor. 7953. (Rule 11.) Sailing and steam pilot-vessels. 7954. (Rule 12.) Coal and trading boats. 7955. (Rule 13.) Open boats. 7956. (Rule 14.) Ships of war and revenue cutters. FOG SIGNALS 7957. (Rule 15.) Fog signals. STEERING AND SAILING RULES 7958. (Rule 16.) Ascertainment of risk of collision. 7959. (Rule 17.) Rules of avoidance of risk; sailing-vessels approaching one another. 7960. (Rule 18.) Steam-vessels meeting end on. 7961. (Rule 19.) Steam-vessels crossing. 7962. (Rule 20.) Steam and sailing vessels meeting. 7963. (Rule 21.) Speed of steam-vessel approaching another vessel and in fog. 7964. (Rule 22.) Overtaking vessel to keep out of the way. 7965. (Rule 23.) What vessel shall keep her course. 7966. (Rule 24.) Obedience to and construction of rules. 7967. (Rule 25.) Sailing-vessel overtaken. 7968. (Rule 26.) Vessels not to neglect precautions. 7969. Regulations of towage of seagoing barges within inland , Waters 7970. Violation of regulations by master of towing vessel; penalty. 7971. Rules for preventing collisions extended to harbors. 7972. Secretary of Treasury to define lines dividing high seas from rivers and harbors. 7973. Signal lights; penalty for violation. 7974. Inland Waters defined. DUTIES AFTER COLLISION OR OTHER ACCIDENT 7975. Reports of accidents; penalty. 7976. Notice of probable loss; penalty. 7977. Reports by collectors of customs. 7978. Remission of penalties; recovery. 7978a. Owners of barges in tow, sustaining or causing acci- dent, subject to provisions; reports of accidents. 7979. Duties of master of vessel in case of Collision. 7980. Failure to comply With act; penalty. REGULATION OF PILOTS AND PILOTAGE 7981. State regulation of pilots. - 7982. Pilots on boundaries between States. 7983. No discrimination in rates of pilotage. WRECKS AND SALVAGE 7984. Vessels stranded on foreign coasts. 7985. Property wrecked on Florida coast. 1237] | so Sec. 7986. 7987. 7988. 7989. Forfeitures for taking wrecked property to foreign portS. License to wreckers on Florida, coast. Canadian vessels aiding vessels wrecked or disabled in United States waters. International agreement as to derelicts. 7990. Salvage; remuneration not affected by OWnership of Vessel. - 7991. Assistance to be rendered by master; punishment for failure. 7992. Salvors of life to share in property saved. 7993. Time limit for salvage suits. 7994. Act not applicable to ships of war. PART OWNER AND MASTER 7995. Removal of captain by owners. WAGES ON CANAL BOATS 7996. Libel of canal-boats for wages. PERMANENT INTERNATIONAL COM- MISSION OF CONGRESSES OF NAVIGATION § 7833. Expenses of delegates—The sum of three thousand, dollars a year is hereby appropriated, Out of any money in the Treasury not otherwise appropri- ated, for the support and maintenance of the perma- nent international commission Of the Congresses of nav- igation and for the payment of the actual expenses of the properly accredited national delegates of the United States to the meetings of the congresses and Of the Commission; and that the Secretary of War be, and is hereby, authorized to draw his warrant each year upon the Secretary of the Treasury for such sum, not to exceed three thousand dollars, as may in his opinion be proper to apply to the purposes above mentioned, and that the said sum shall be disbursed under Such regulations as may be prescribed by the Secretary of War. The national delegates aforesaid from the United States shall serve without compensation, but shall be reimbursed for their actual expenses incurred while traveling to and from the meetings, and while in at- tendance thereon, from the funds herein appropriated and authorized to be expended. (June 28, 1902, c. 1306, 32 Stat. 485.) - INTERNATIONAL RULES FOR PRE- VENTING COLLISIONS AT SEA § 7834. Regulations for preventing collisions —The following regulations for preventing Collisions at sea shall be followed by all public and private ves- sels of the United States upon the high seas and in all waters Connected therewith, navigable by sea-going vessels. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 320.) See note at beginning of chapter. International rules not affected by §§ 8277-8286. PRELIMINARY § 7835. Meaning of words—In the following rules every steam-vessel which is under Sail and not under Steam is to be considered a sailing-Vessel, and every •vessel under steam, whether under sail or not, is to be considered a Steam-Vessel. The Word “steam-Vessel” shall include any Wessel propelled by machinery. A vessel is “under way” within the meaning of these rules when she is not at anchor, Or made fast to the shore, or aground. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 320.) RULES CONCERNING LIGHTS, AND SO FORTH § 7836. Meaning of word “visible.”—The word “visible” in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 321.) § 7837. (Art. 1.) Time for compliance with rules concerning lights—The rules concerning lights shall be complied with in all weathers from Sunset to sunrise, and during such time no other lights which # 7838 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 123SI may be mistaken for the prescribed lights shall be exhibited. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 321.) § 7838. (Art. 2.) Lights of steam vessels under way—A steam-vessel when under way shall carry— (a) On or in front of the foremast, or if a vessel with- Out a foremast, then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than Such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright White light, so constructed as to show an un- broken light over an arc of the horizon of twenty points of the Compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either Side, and of Such a Character as to be visible at a dis- tance of at least five miles. (b) On the starboard side a green light so construct- ed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam On the starboard side, and of such a charac- ter as to be Visible at a distance of at least two miles. (C) On the port side a red light so constructed as to show an unbroken light Over an arc Of the horizon Of ten points of the Compass, so fixed as to throw the light from right ahead to two points abaft the beam On the port Side, and Of Such a character as to be Visible at a distance of at least two miles. (d) The said green and red side-lights shall be fitted With inboard Screens projecting at least three feet for- Ward from the light, SO as to prevent these lights from being seen across the bow. (e) A steam-vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, and in Such a position with reference to each other that the lower light shall be forward Of the upper One. The vertical distance between these lights shall be less than the horizontal distance. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 321.) § 7839. (Art. 3.) Steam vessel towing another vessel or vessels—A steam-vessel When towing an- Other vessel shall, in addition to her side-lights, Carry two bright white lights in a vertical line One Over the Other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length. Of the tow measuring from the Stern of the towing vessel to the stern of the last vessel towed ex- ceeds six hundred feet. Each of these lights shall be Of the same Construction and character, and shall be Carried in the same position as the White light men- tioned in article two (a), excepting the additional light, which may be carried at a height Of not less than four- teen feet above the hull. Such steam-vessel may carry a Small white light abaft the funnel Or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 321.) § 7840. (Art. 4.) Vessel not under control, and telegraphic cable vessel—(a) A vessel which from any accident is not under Command shall carry at the same height as a White light mentioned in ar- ticle two (a), where they can best be seen, and if a steam-vessel in lieu of that light, two red lights, in a vertical line One Over the other, not less than six feet apart, and Of Such a character as to be visible all around the horizon at a distance of at least two miles; and shall by day carry in a vertical line One Over the other, not less than six feet apart, where they can best be seen, two black balls or shapes, each two feet in diameter. (b) A vessel employed in laying or in picking up a telegraph cable shall carry in the same position as the white light mentioned in article two (a), and if a steam- vessel in lieu of that light, three lights in a vertical line One Over the Other not less than six feet apart. The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be of Such a character as to be visible all around the hori- ZOn, at a distance of at least two miles. By day she shall carry in a vertical line, one over the other, not less than six feet apart, where they can best be seen, three shapes not less than two feet in diameter, of Which the highest and lowest shall be globular in shape and red in color, and the middle one diamond in shape and White. (c) The vessels referred to in this article, when not making Way through the water, shall not carry the side-lights, but when making way shall carry them. (d) The lights and shapes required to be shown by this article are to be taken by other vessels as signals that the Vessel showing them is not under command and can not therefore get Out Of the Way. These Signals are not signals Of Wessels in distress and requiring assistance. Such signals are contained in article thirty-one. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 322.) - § 7841. (Art. 5.) Sailing vessel under way and vessel in tow—A Sailing vessel under way and any vessel being towed shall carry the same lights as are prescribed by article two for a steam-vessel under way, with the exception of the white lights mentioned therein, which they shall never carry. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 322.) § 7842. (Art. 6.) Small vessels under way in bad weather—Whenever, as in the case of small vessels under way during bad weather, the green and red side-lights can not be fixed, these lights shall be kept at hand, lighted and ready for use; and shall, On the approach of or to other vessels, be exhibited On their respective sides in Sufficient time to prevent Collision, in such manner as to make them most Visi- ble, and so that the green light shall not be seen On the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. - To make the use of these portable lights more Cer- tain and easy the lanterns containing them shall each be painted outside with the color of the light they re- spectively contain, and shall be provided with proper Screens. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 322.) § 7843. (Art. 7.) Small vessels and rowing Thoats—Steam vessels of less than forty, and vessels under Oars or sails of less than twenty tons grOSS ton- nage, respectively, and rowing boats, when under Way, shall not be required to carry the lights mentioned in article two (a), (b), and (c), but if they do not carry them they shall be provided with the following lights: First. Steam vessels of less than forty tons Shall Carry— (a) In the fore part of the vessel, or on or in front of the funnel, where it can best be seen, and at a height above the gunwale of not less than nine feet, a bright white light constructed and fixed as prescribed in ar- ticle two (a), and of such a character as to be visible at a distance of at least two miles. (b) Green and red side-lights constructed and fixed as prescribed in article two (b) and (c), and of such a character as to be visible at a distance of at least One mile, or a combined lantern showing a green light and a red light from right ahead to two points abaft the beam on their respective sides. Such lanterns shall be carried not less than three feet below the White light. Second. Small steamboats, such as are carried by seagoing vessels, may carry the white light at a less height than nine feet above the gunwale, but it shall be carried above the combined lantern mentioned in subdivision one (b). Third. Vessels under oars or sails of less than twenty tons shall have ready at hand a lantern With a green glass on one side and a red glass on the other, which, on the approach of or to other vessels, Shall Ch. 5) § 7847 RIEGULATION OF COMMERCE AND NAVIGATION [Page 1239] be exhibited in Sufficient time to prevent Collision, SO that the green light shall not be seen On the port side nor the red light On the starboard side. Fourth. Rowing boats, whether under oars or sail, shall have ready at hand a lantern showing a White light which shall be temporarily exhibited in suffi- cient time to prevent Collision. The vessels referred to in this article shall not be obliged to carry the lights prescribed by article four (a) and article eleven, last paragraph. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 322, amended, May 28, 1894, c. 83, 28 Stat. 82.) § 7844. (Art. 8.) Pilot-vessel on and off pilot- age duty—Pilot vessels when engaged on their sta- tion on pilotage duty shall not show the lights re- quired for other vessels, but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen min- utes. On the near approach of or to other vessels they shall have their side-lights lighted, ready for use, and shall flash or show them at short intervals, to indi- cate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red light on the starboard side. A pilot-vessel of such a class as to be obliged to go alongside of a vessel to put a pilot on board may show the white light instead of carrying it at the masthead, and may, instead of the colored lights, above mentioned, have at hand, ready for use, a lantern With a green glass on the one side and a red glass On the Other, to be used as prescribed above. Pilot-Wessels when not engaged on their station. On pilotage duty shall carry lights similar to those of Other vessels of their tonnage. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 323.) § 7845. Steam pilot vessel—A steam pilot vessel, when engaged on her station on pilotage duty and in waters of the United States, and not at anchor, Shall, in addition to the lights required for all pilot boats, carry at a distance of eight feet below her White mast- head light a red light, visible all around the horizon and of such a character as to be visible on a dark night with a clear atmosphere at a distance Of at least two miles, and also the colored side lights required to be carried by vessels when under Way. When engaged on her station on pilotage duty and in waters of the United States, and at anchor, she shall carry in addition to the lights required for all pilot boats the red light above mentioned, but not the colored side lights. When not engaged on her station on pilotage duty, she shall carry the same lights as other steam vessels. (Feb. 19, 1900, c. 22, § 1, 31 Stat. 30.) § 7846. Construction of preceding provision- This Act shall be construed as supplementary to ar- ticle eight of the Act approved June seventh, eighteen hundred and ninety-seven, entitled “An Act to adopt regulations for preventing collisions upon Certain har- bors, rivers, and inland waters of the United States,” and to article eight of an Act approved August nine- teenth, eighteen hundred and ninety, entitled “An Act to adopt regulations for preventing collisions at sea.” (Feb. 19, 1900, c. 22, § 2, 31 Stat. 31.) § 7847. (Art. 9.) Fishing vessels and fishing boats—Fishing vessels and fishing boats, when under way and when not required by this article to carry or show the lights hereinafter specified, shall carry or show the lights prescribed for vessels of their ton- nage under way. (a) Open boats, by which is to be understood boats not protected from the entry of Sea water by means of a continuous deck, when engaged in any fishing at night, with OUItlying tackle extending not more than One hundred and fifty feet horizontally from the boat into the seaway, shall carry one all-round white light. Open boats, when fishing at night, with outlying tackle extending more than one hundred and fifty feet horizontally from the boat into the seaway, shall Carry one all-round while light, and in addition, On approaching or being approached by other Vessels, shall show a second white light at least three feet below the first light and at a horizontal distance of at least five feet, away from it in the direction in which the outlying tackle is attached. (b) Wessels and boats, except Open boats as defined in subdivision (a), when fishing with drift nets, Shall, so long as the nets are wholly or partly in the Water, carry two white lights where they can best be seen. Such lights shall be placed so that the Vertical dis- tance between them shall be not less than six feet and not more than fifteen feet, and so that the hOri- zontal distance between them, measured in a line with the keel, shall be not less than five feet and not more than ten feet. The lower of these two lights shall be in the direction of the nets, and both of them shall be of such a character as to show all around the horizon, and to be visible at a distance Of not less than three miles. Within the Mediterranean Sea and in the SeaS bor- dering the coasts of Japan and Korea sailing fishing vessels of less than twenty tons gross tonnage shall not be obliged to carry the lower of these two lights. Should they, however, not carry it, they shall show in the same position (in the direction of the net or gear) a White light, visible at a distance Of not less than One Sea mile, On the approach of or to other ves- SelS. (C) Wessels and boats, except Open boats as defined in Subdivision (a), when line fishing with their lines Out and attached to or hauling their lines, and when not at anchor or stationary within the meaning of Subdivision (h), shall carry the same lights as vessels fishing with drift nets. When shooting lines, or fish- ing with towing lines, they shall carry the lights pre- Scribed for a steam or sailing vessel under way, re- Spectively. Within the Mediterranean Sea and in the seas bordering the coasts of Japan and Korea sailing fish- ing vessels of less than twenty tons gross tonnage shall not be obliged to carry the lower of these two lights. Should they, however, not carry it, they shall show in the same position (in the direction of the lines) a White light, Visible at a distance of not less than one Sea mile on the approach of or to other vessels. (d) Vessels when engaged in trawling, by which is meant the dragging of an apparatus along the bot- tom Of the Sea— First. If steam vessels, shall carry in the same po- Sition as the white light mentioned in article two (a) a tri-colored lantern so constructed and fixed as to show a white light from right ahead to two points On each bow, and a green light and a red light over an arc Of the horizon from two points on each bow to two points abaft the beam on the starboard and port Sides, respectively; and not less than six nor more than twelve feet below the tri-colored lantern a White light in a lantern, SO Constructed as to show a clear, uniform, and unbroken light all around the horizon. Second. If sailing vessels, shall carry a white light in a lantern, so constructed as to show a clear, Uni- form, and unbroken light all around the horizon, and shall also, On the approach of or to other vessels, show where it can best be seen a white flare-up light or torch in Sufficient time to prevent collision. All lights mentioned in subdivision (d) first and second shall be visible at a distance of at least two Imiles. (e) Oyster dredgers and other vessels fishing with dredge nets Shall Carry and show the same lights as trawlerS. (f) Fishing vessels and fishing boats may at any time use a flare-up light in addition to the lights 3 7847 (Tit. 48 REGUIATION OF COMMERCE AND NAVIGATION IPage 124OI which they are by this article required to carry and show, and they may also use working lights. (g) Every fishing vessel and every fishing boat un- der one hundred and fifty feet in length, when at anchor, shall exhibit a white light visible all around the horizon at a distance Of at least One mile. Every fishing vessel of one hundred and fifty feet in length or upward, when at anchor, shall exhibit a white light visible all around the horizon at a dis- tance Of at least One mile, and shall exhibit a second light as provided for vessels of such length by article eleven. 3 * Should any such vessel, whether under one hundred and fifty feet in length or of one hundred and fifty feet in length or upward, be attached to a net or Other fishing gear, she shall on the approach of oth- er vessels show an additional white light at least three feet below the anchor light, and at a horizontal distance of at least five feet away from it in the di- rection of the net or gear. (h) If a vessel or boat when fishing becomes sta- tionary in consequence of her gear getting fast to a rock or other obstruction, she shall in daytime haul down the day signal required by subdivision (k); at night show the light or lights prescribed for a ves- Sel at anchor ; and during fog, mist, falling snow, or heavy rain storms make the signal prescribed for a vessel at anchor. (See subdivision (d) and the last paragraph of article fifteen.) (i) In fog, mist, falling snow, or heavy rain storms, Čirift-net vessels attached to their nets, and vessels when trawling, dredging, or fishing with any kind of drag net, and vessels line fishing with their lines Out, shall, if of twenty tons gross tonnage or upward, respectively, at intervals of not more than One minute make a blast; if steam vessels, with the whistle or Siren, and if sailing vessels, with the foghorn, each blast to be followed by ringing the bell. Fishing Vessels and boats of less than twenty tons gross ton- Image shall not be obliged to give the above-mention- ed signals; but if they do not, they shall make some Other efficient sound signal at intervals of not more than One minute. (k) All vessels or boats fishing with nets or lines Or trawls, when under way, shall in daytime indicate their occupation to an approaching vessel by display- ing a basket or other efficient signal where it can best be seen. If vessels or boats at anchor have their gear Out, they shall, on the approach of other vessels, ShoW the same signal on the side on which those ves- Sels can pass. The vessels required by this article to carry or ShoW the lights hereinbefore specified shall not be Obliged to carry the lights prescribed by article four (a) and the last paragraph of article eleven. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 323, amended, May 28, 1894, c. 83, 28 Stat. 82, and Jan. 19, 1907, c. 300, § 1, 34 Stat. 850.) § 7848. (Art. 10.) Vessel overtaken by anoth- er—A vessel which is being overtaken by another shall ShOW from her stern to such last mentioned vessel a white light or a flare-up light. The white light required to be shown by this arti- Cle may be fixed and carried in a lantern, but in such case the lantern shall be so constructed, fitted, and Screened that it shall throw an unbroken light over an arc Of the horizon of twelve points of the com- pass, namely, for six points from right aft on each side of the vessel, so as to be visible at a distance of at least One mile. Such light shall be carried as Inearly as practicable on the same level as the side- lights. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 324.) § 7849. (Art. 11.) Vessel at anchor or aground in or near fair-way—A vessel under one hundred and fifty feet in length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. A vessel of one hundred and fifty feet or upwards in length, when at anchor, shall carry in the forward part of the vessel, at a height Of not less than twenty and not exceeding forty feet above the hull, one such light, and at or near the stern of the vessel, and at Such a height that it shall be not less than fifteen feet lower than the forward light, another such light. The length of a vessel shall be deemed to be the length appearing in her certificate of registry. A vessel aground in or near a fair-way shall carry the above light or lights and the two red lights pre- scribed by article four (a). (Aug. 19, 1890, c. 802, § 1, 26 Stat. 324.) § 7850. (Art. 12.) Additional flare-up light or detonating signal—Every vessel may, if neces- Sary in Order to attract attention, in addition to the lights which she is by these rules required to carry, show a flare-up light or use any detonating signal that can not be mistaken for a distress signal. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 325.) - § 7851. (Art. 13.) Ships of war and convoys —Nothing in these rules shall interfere with the Oper- ation of any Special rules made by the Government of any nation with respect to additional station and sig- nal-lightS for two Or more ships of war or for vessels sailing under convoy, or with the exhibition of recog- nition signals adopted by ship-owners, which have been authorized by their respective Governments and duly fegistered and published. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 325.) § 7852. (Art. 14.) Steam vessels under sail only—A steam-vessel proceeding under sail Only but having her funnel up, shall carry in day-time, for- ward, where it can best be seen, one black ball Or shape two feet in diameter. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 325.) - SOUND SIGNALS FOR FOG, AND SO FORTH § 7853. (Art. 15.) Fog signals—All signals pre- scribed by this article for vessels under way shall be given: First. By “steam vessels” on the whistle or siren. Second. By “sailing vessels” and “vessels towed” On the fog horn. The words “prolonged blast” used in this article shall mean a blast of from four to six seconds dura- tion. * A steam vessel shall be provided with an efficient whistle or siren, sounded by steam or by some sub- stitute for steam, SO placed that the sound may not be intercepted by any obstruction, and with an effi- cient fog horn, to be sounded by mechanical means, and also with an efficient bell. (In all cases where the rules require a bell to be used a drum may be Sub- stituted On board Turkish vessels, or a gong Where Such articles are used. On board Small Seagoing VeS- sels.) A sailing vessel of twenty tons gross tonnage or up- ward shall be provided with a similar fog horn and bell. In fog, mist, falling Snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely: (a) A steam vessel having way upon her shall sound, at intervals of not more than two minutes, a prolong- ed blast. (b) A steam vessel under way, but stopped, and hav- ing no way upon her, shall sound, at intervals of not more than two minutes, two prolonged blasts, with an interval of about one second between. (c) A sailing vessel under way shall sound, at in- tervals of not more than one minute, when On the starboard tack, one blast ; when on the port tack, tWO blasts in succession, and when with the wind abaft the beam, three blasts in succession. - (d) A vessel when at anchor shall, at intervals of Ch. 5) 3 7865 FEGULATION OF COMMERCE AND NAVIGATION [Page 1241] not more than one minute, ring the bell rapidly for about five Seconds. (e) A vessel when towing, a vessel employed in lay- ing Or in picking up a telegraph cable, and a vessel under way, which is unable to get out of the way of an approaching vessel through being not under com- mand, Or unable to maneuver as required by the rules, Shall, instead of the signals prescribed in Subdivi- SiOnS (a) and (c) of this article, at intervals of not more than two minutes, sound three blasts in succes- Sion, namely: Ong prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any other. Sailing vessels and boats of less than twenty tons grOSS tonnage shall not be obliged to give the above- mentioned signals, but, if they do not, they shall make Some other efficient sound signal at intervals of not more than one minute. (Aug. 19, 1890, c. 802, § 1, 26 ; 325, amended, June 10, 1896, c. 401, § 1, 29 Stat. 381. SPEED OF SEIIPS TO BE MODERATE IN FOG, AND SO FORTEI § 7854. (Art. 16.) Speed of vessels in fog- Every vessel shall, in a fog, mist, falling SnOW, Or heavy rainstorms, go at a moderate Speed, having careful regard to the existing circumstances and COn- ditions. A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not ascertained shall, so far as the Circumstances of the case admit, stop her engines, and then navi- gate with Caution until danger of Collision is Over. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 326.) STEERING AND SAILING RULES PRELIMINARY-RISE OF COLLISION § 7855. Ascertainment of risk of collision- Risk of Collision can, when circumstances permit, be ascertained by Carefully Watching the Compass bear- ing of an approaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 326.) § 7856. (Art. 17.) Rules of avoidance of risk; sailing vessels approaching one another- When two sailing vessels are approaching One anoth- er, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep Out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close- hauled. On the Starboard tack. (c) When both are running free, with the wind on different Sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to lee- Ward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 326.) § 7857. (Art. 18.) Steam vessels meeting end on—When two steam-Vessels are meeting end On, Or nearly end on, so as to involve risk of Collision, each shall alter her Course to Starboard, SO that each may pass on the port side Of the other. This article only applies to cases where vessels are meeting end On, Or nearly end On, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respec- tive courses, pass Clear of each other. The only Cases to which it does apply are when each of the two vessels is end on, or nearly end on, to the other; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own; and by night, to Cases in Which each vessel is in such a position as to See both the side-lights of the other. It does not apply by day to cases in which a vessel Sees another ahead crossing her own course; or by night, to Cases where the red light of one vessel is Opposed to the red light Of the Other, or where the green light of One vessel is opposed to the green light Of the other or where a red light without a green light, Or a green light without a red light, is seen ahead, Or Where both green and red lights are seen anywhere but ahead. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 326.) § 7858. (Art. 19.) Steam vessels crossing— When two steam-Vessels are crossing, so as to involve risk of Collision, the Vessel which has the other on her Own starboard side shall keep out of the way of the other. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7859. (Art. 20.) Steam and sailing vessels meeting—When a steam-vessel and a sailing vessel are proceeding in Such directions as to involve risk Of Collision, the steam-vessel shall keep out of the way of the sailing-vessel. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7860. (Art. 21.) What vessel shall keep her course—Where, by any of these rules, one of two Vessels is to keep out of the way the other shall keep —her Course and speed. Note.—When, in Consequence Of thick Weather or Other Causes, such Vessel finds herself SO close that collision can not be avoided by the action of the giv- ing-Way vessel alone, she also shall take such action as will best aid to avert Collision. (See articles twen- ty-seven and twenty-nine.) (Aug. 19, 1890, c. 802, § 1, # stat 327, amended, May 28, 1894, c. 83, 28 Stat. 82. § 7861. (Art. 22.) Wessel to avoid crossing ahead—Every vessel which is directed by these rules to keep Out of the Way Of another vessel shall, if the circumstances of the Case admit, avoid crossing ahead of the other. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7862. (Art. 23.) Steam vessel to slacken speed—Every steam-vessel which is directed by these rules to keep Out Of the way of another vessel shall, On approaching her, if necessary, slacken her speed or stop or reverse. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7863. (Art. 24.) Overtaking vessel to keep out of the way; definition of “overtaking vessel.” —Notwithstanding anything contained in these rules every vessel, Overtaking any other, shall keep out of the way of the Overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position, with reference to the ves- Sel which she is Overtaking that at night she would be unable to see either of that vessel's side fights, shall be deemed to be an OVertaking vessel ; and no subsequent alteration of the bearing between the two vessels shall make the Overtaking Vessel a Crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the Overtaken ves- sel until she is finally past and clear. As by day the Overtaking vessel Can not always Know with certainty whether she is forward of or abaft this direction from the Other VeSSel. She should, if in doubt, assume that she is an overtaking vessel and keep out of the way. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7864. (Art. 25.) Steam-vessel in narrow channel–In narrow Channels every Steam-vessel shall, when it is safe and practicable, keep to that Side of the fair-Way Or mid-Channel which lies On the starboard side of such vessel. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) § 7865. (Art. 26.) Sailing-vessels under way to avoid fishing boats; fishing boats not to ob- struct fair-ways—Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing § 7866 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION with nets, or lines, or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair-Way used by Vessels other than fishing vessels or boats. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) - § 7866. (Art. 27.) Obedience to and con- struction of rules—In Obeying and construing these rules due regard shall be had to all dangers Of naviga- tion and Collision, and to any special circumstances which may render a departure from the above rules necessary in Order to avoid immediate danger. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 327.) sound SIGNALS FOR VESSELS IN SIGHT OF - ONE ANOTHER § 7867. (Art. 28.) Meaning of “short blast”; steam-vessel under way to signal course by whistle; meaning of one, two, three “short blasts”—The words “short blast” used in this article shall mean a blast of about One second’s duration. When Vessels are in sight Of One another, a steam- VeSSel under Way, in taking any course authorized or required by these rules, shall indicate that Course by the following signals On her whistle Or Siren, name- ly: One short blast to mean, “I am directing my course to Starboard.” Two short blasts to mean, course to port.” Three short blasts to mean, “My engines are going at full speed astern.” (Aug. 19, 1890, c. 802, § 1, 26 Stat. 328.) . NO WESSEL, UNDER ANY CIRCUMSTANCES, TO NEGLECT PROPER PRECAUTIONS - § 7868. (Art. 29.) Wessels not to neglect pre- cautions—Nothing in these rules shall exonerate any vessel or the Owner or master or Crew thereof, from the consequences of any neglect to carry lights or sig- nals, Or Of any neglect to keep a proper lookout, or Of the neglect of any precaution which may be re- “I am directing my Quired by the Ordinary practice of seamen, or by the special circumstances of the case. 802, § 1, 26 Stat. 328.) RESERVATION OF RULES FOR HARBORS AND INLAND NAVIGATION w § 7869. (Art. 30.) Reservation of rules for harbors, rivers, and inland waters—Nothing in these rules shall interfere with the operation of a Special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland Wa- ters. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 328.) DISTRESS SIGNALS § 7,870. (Art. 31.) Distress signals, in day time; at night—When a vessel is in distress and re- Quires assistance from other vessels or from the shore the following shall be the signals to be used or dis- played by her, either together or separately, namely: In the daytime— First. A gun or other explosive signal fired at in- tervals Of about a minute. (Aug. 19, 1890, c. Second. The international code signal of distress indicated by N. C. Third. The distance signal, consisting of a square flag, having either above or below it a ball or any- thing resembling a ball. Fourth. A continuous sounding with any fog-signal apparatus. At night— First. A gun or other explosive signal fired at in- tervals. Of about a minute. Second. Flames on the vessel (as from a burning tar barrel, oil barrel, and so forth.) Third. Rockets or shells throwing stars of any color or description, fired one at a time, at short intervals. Fourth. A continuous sounding with any fog-signal [Page 1242.] apparatus. (Aug. 19, 1890, c. 802, § 1, 26 Stat. 328, amended, May 28, 1894, c. 83, 28 Stat. 82.) § 7871. Repeal—All laws or parts of laws in- Consistent with the foregoing regulations for prevent- ing Collisions at sea for the navigation of all public and private vessels of the United States upon the high Seas, and in all waters connected therewith nav- igable by Sea-going vessels, are hereby repealed. (Aug. 19, 1890, c. 802, § 2, 26 Stat. 328.) RULES FOR HARBORS, RIVERS, AND * INLAND WATERS § 7872. Regulations for preventing collisions in harbors and on inland waters—The following regulations for preventing Collision shall be follow- ed by all vessels navigating all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and are hereby declared special rules duly made by local authority: (June 7, 1897, c. 4, § 1, 30 Stat. 96.) See note at beginning of chapter. PRELIMINARY § 7873. Meaning of words “sailing-vessel,” “steam-vessel,” and “under way”--In the follow- ing rules every steam-vessel which is under sail and not under Steam is to be considered a sailing-vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The word “steam-vessel” shall include any vessel propelled by machinery. A vessel is “under way,” within the meaning of these rules, when she is not at anchor, or made fast to the shore, or aground. (June 7, 1897, c. 4, § 1, 30 Stat. 96.) & RULES CONCERNING LIGHTS, AND SO FORTH § 7874. Meaning of word “visible”—The Word “visible” in these rules, when applied to lights, shall mean visible on a dark night with a clear atmos- phere. (June 7, 1897, c. 4, § 1, 30 Stat. 96.) § 7875. (Art. 1.) Period of compliance with rules concerning lights--The rules concerning lights shall be COmplied with in all Weathers from Sunset to Sunrise, and during such time no other lights which may be mistaken for the presCribed lightS shall be exhibited. (June 7, 1897, c. 4, § 1, 30 Stat. 96.) § 7876. (Art. 2.) Lights of steam-vessel un- der way—A steam-yessel When under way shall car- ry— * (a) On or in front of the foremast, or, if a vessel without a foremast, then in the fore part of the vessel, a bright white light SO COnstructed as to show an un- broken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points On each side of the vessel, namely, from right ahead to two points abaft the beam On either Side, and Of Such a Character as to be visible at a dis- tance Of at least five miles. - (b) On the starboard side a green light so construct- ed as to Show an unbroken light Over an arc Of the hor- izOn Of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam On the starboard side, and Of Such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to Show an unbroken light Over an arc Of the horizon of ten points of the Compass, SO fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visi- ble at a distance of at least two miles. (d) The said green and red side-lights shall be fitted with inboard screens projecting at least three feet for- ward from the light, so as to prevent these lights from being Seen a CrOSS the bow. Ch. 5) 3 7885 IREGULATION OF COMMERCE AND NAVIGATION [Page 1243] (e) A sea-going steam-vessel when under way may carry an additional white light similar in construc- tion to the light mentioned in Subdivision (a). These two lights shall be so placed in line with the keel that One shall be at least fifteen feet higher than the Other, and in Such a position With reference to each other that the lower light shall be forward of the upper One. The vertical distance between these lights shall be less than the horizontal distance. (f) All Steam-vessels (except sea-going vessels and ferry-boats), shall carry in addition to green and red lights required by article two (b), (c), and screens as required by article two (d), a central range of two white lights; the aſter-light being carried at an ele- Vation at least fifteen feet above the light at the head Of the vessel. The headlight shall be so constructed as to show an unbroken light through twenty points of the Compass, namely, from right ahead to two points abaft the beam on either side of the vessel, and the after-light so as to show all around the horizon. (June 7, 1897, c. 4, § 1, 30 Stat. 96.) § 7877. (Art. 3.) Steam-vessel when towing another vessel or vessels—A steam-vessel when tow- ing another vessel shall, in addition to her side-lights, Carry two bright white lights in a vertical line One Over the Other, not less than three feet apart, and when towing more than one vessel shall carry an addi- tional bright white-light three-feet above or below Such lights, if the length of the tow measuring from the stern Of the towing vessel to the Stern of the last ves- sel towed exceeds six hundred feet. Each Of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article two (a) or the after range light mentioned in article two (f). Such steam-vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to Steer by, but such light shall not be visible forward of the beam. (June 7, 1897, c. 4, § 1, 30 Stat. 97.) § 7878. (Art. 5.) Sailing-vessel under way or in tow—A sailing-vessel under way or being towed shall carry the same lights as are prescribed by arti- cle two for a steam-vessel under way, with the excep- tion of the white lights mentioned therein, which they shall never carry. (June 7, 1897, c. 4, § 1, 30 Stat. 97.) § 7879. (Art. 6.) Small vessel under way in bad weather—Whenever, as in the case of vessels of less than ten gross tons under way during bad weath- er, the green and red side-lights can not be fixed, these lights shall be kept at hand, lighted and ready for use ; and Shall, On the approach of Or to Other vessels, be exhibited on their respective sides in Sufficient time to prevent Collision, in such manner as to make them most visible and so that the green light shall not be Seen. On the port Side nor the red light On the star- board side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy the lanterns containing them shall each "be painted outside with the color of the light they respectively contain, and shall be provided with proper screens. (June 7, 1897, c. 4, § 1, 30 Stat. 97.) § 7880. (Art. 7.) Rowboats — Rowing boats, whether under oars or sail, shall have ready at hand a lantern showing a white light which shall be tem- porarily exhibited in sufficient time to prevent colli- sion. (June 7, 1897, c. 4, § 1, 30 Stat. 98.) § 7881. (Art. 8.) Pilot-vessels on and off pilot- age duty-Pilot-vessels when engaged on their sta- tion on pilotage duty shall not show the lights requir- ed for other vessels but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light Or flare-up lights at short intervals, which shall never exceed fifteen minutes. On the near approach. Of Or to Other vessels they shall have their side-lights lighted, ready for use, and Shall flash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side nor the red light On the Starboard Side. A pilot-Wessel of Such a class as to be obliged to go alongside of a vessel to put a pilot on board may show the White light instead of carrying it at the Imasthead, and may, instead of the Colored lights above mentioned, have at hand, ready for use, a lan- tern With a green glass on the one side and a red glass On the Other, to be used as prescribed above. Pilot-Wessels, When not engaged. On their station. On pilotage duty, Shall carry lights similar to those of Other vessels of their tonnage. (June 7, 1897, c. 4, § 1, 30 Stat. 98.) § 7882. (Art. 9.) Small fishing-vessels—(a) Fishing-vessels of less than ten gross tons, when under Way and when not having their nets, trawls, dredges, or lines in the water, shall not be required to carry the Colored side-lights; but every such vessel shall, in lieu thereof, have ready at hand a lantern with a green glass on One side and a red glass on the other Side, and On approaching to or being approached by another vessel Such lantern Shall be exhibited in Suffi- cient time to prevent collision, so that the green light Shall not be seen. On the port side nor the red light On the Starboard side. (b) All fishing-Vessels and fishing-boats of ten gross tons or upward, when under way— and when not hav- ing their nets, trawls, dredges, or lines in the water, Shall carry and show the same lights as other vessels under Way. (c) All vessels, when trawling, dredging, or fishing with any kind of drag-nets or lines, shall exhibit, from Some part of the vessel where they can be best seen, tWO lights. One of these lights shall be red and the Other shall be white. The red light shall be above the White light, and shall be at a vertical distance from it Of not less than six feet and not more than twelve feet; and the horizontal distance between them, if any, Shall not be more than ten feet. These two lights shall be of such a character and contained in lanterns Of Such Construction as to be visible all round the horizon, the white light a distance of not less than three miles and the red light of not less than two Imiles. (d) Rafts, or other water craft not herein provided for, nayigating by hand power, horse power, or by the Current of the river, shall carry one or more good White lights, which shall be placed in such manner as shall be prescribed by the Board of Supervising In- Spectors of Steam Vessels. (June 7, 1897, c. 4, § 1, 30 Stat. 98.) § 7883. (Art. 10.) Vessel overtaken by an- other—A vessel which is being overtaken by another, eXcept a steam-vessel with an after range-light show- ing all around the horizon, shall show from her stern to Such last-mentioned vessel a white light Or a flare-up light. (June 7, 1897, c. 4, § 1, 30 Stat. 98.) § 7884. (Art. 11.) Vessel at anchor—A vessel under one hundred and fifty feet in length when at anchor Shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light, in a lantern SO constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least One mile. A vessel of one hundred and fifty feet or upwards in length when at anchor shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such light, and at Or near the Stern Of the vessel, and at Such a height that it shall be not less than fifteen feet lower than the forward light, another such light. The length. Of a vessel shall be deemed to be the length appearing in her certificate of registry. (June 7, 1897, c. 4, § 1, 30 Stat. 98.) § 7885. (Art. 12.) Additional lights—Every vessel may, if necessary, in order to attract atten- tion, in addition to the lights which she is by these rules required to carry, show a flare-up light or use 3 7886 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1244] any detonating signal that can not be mistaken for a distress signal. (June 7, 1897, c. 4, § 1, 30 Stat. 99.) § 7886. (Art. 13.) Ships of war and convoys —Nothing in these rules shall interfere with the Op- eration of any special rules made by the Government of any nation with respect to additional Station and signal lights for two or more ships of War or for vessels sailing under convoy, or with the exhibition of recognition signals adopted by shipowners, Which have been authorized by their respective GOVern- lments and duly registered and published. (June 7, 1897, c. 4, § 1, 30 Stat. 99.) § 7887. (Art. 14.) Steam-vessel under sail only—A steam-vessel proceeding under sail Only, but having her funnel up, may carry in daytime, forward, where it can best be seen, One black ball or shape tWO feet in diameter. (June 7, 1897, c. 4, § 1, 30 Stat. 99.) sound SIGNALS FOR FOG, AND SO FORTH § 7888. (Art. 15.) Fog signals—All signals prescribed by this article for vessels under Way Shall be given: - 1. By “steam-vessels” on the whistle or siren. 2. By “sailing-vessels” and “vessels towed.” On the fog horn. The words “prolonged blast” used in this article Shall mean a blast of from four to Six Seconds dura- tion. A Steam-vessel Shall be provided with an efficient whistle or siren, Sounded by steam or by some Sub- stitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an effi- cient fog horn; also with an efficient bell. A Sailing-vessel of twenty tons gross tonnage or upward shall be provided with a similar fog horn and bell. In fog, mist, falling Snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely: (a) A steam-VeSSel under Way Shall Sound, at in- tervals of not more than One minute, a prolonged blast. (c) A sailing-Vessel under way shall sound, at in- tervals Of not more than One minute, when On the starboard tack, one blast; when on the port tack, two blasts in . Succession, and when with the Wind abaft the beam, three blasts in Succession. (d) A vessel when at anchor shall, at intervals, of not more than One minute, ring the bell rapidly for about five Seconds. : (e) A steam-vessel when towing, shall, instead of the signals prescribed in subdivision (a) of this ar- ticle, at intervals Of not more than One minute, Sound three blasts in Succession, namely, one prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any Other. - s (f) All rafts or other water craft, not herein pro- vided for, navigating by hand power, horse power, or by the current of the river, shall sound a blast of the fog-horn, or equivalent signal, at intervals of not more than One minute. (June 7, 1897, c. 4, § 1, 30 Stat. 99.) SPEED OF SHIPS TO BE MODERATE IN FOG, AND SO FORTH § 7889. (Art. 16.) Speed of vessels in fog— Every vessel shall, in a fog, mist, falling snow, or heavy rainstorms, go at a moderate speed, having Careful regard to the existing Circumstances and Con- ditions. A steam-vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained shall, So far as the circumstances of the case admit, stop her engines, and then navi- gate with caution until danger of collision is over. (June 7, 1897, c. 4, § 1, 30 Stat. 99.) STEERING AND SAILING RULES PRELIMINARY-RISK OF COLLISION § 7890. Ascertainment of risk of collision— Risk of Collision can, when circumstances permit, be ascertained by carefully watching the compass bearing Of an approaching vessel. If the bearing does not appreciably Change, such risk Should be deemed to exist. (June 7, 1897, c. 4, § 1, 30 Stat. 100.) § 7891. (Art. 17.) Rules of avoidance of risk; sailing-vessels approaching one another-When two sailing-vessels are approaching One another, SO as to involve risk of collision, one of them shall keep Out Of the way of the Other as follows, namely: (a) A vessel which is running free shall keep Out of the way of a vessel which is close-hauled. - (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close- hauled On the Starboard tack. (c) When both are running free, with the wind on different SideS, the VeSSel Which has the Wind On the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep Out Of the Way Of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep Out of the way of the other vessel. (June 7, 1897, c. 4, § 1, 30 Stat. 100.) § 7892. (Art. 18.) Steam-vessels meeting end on—Rule I. When steam-vessels are approaching each Other head and head, that is, end On, or nearly SO, it shall be the duty of each to pass on the port side Of the other; and either vessel shall give, as a signal of her intention, one short and distinct blast of her whistle, which the other vessel shall answer prompt- ly by a similar blast of her whistle, and thereupon Such Vessels shall pass on the port side of each other. But if the Courses of Such vessels are so far on the Starboard Of each other as not to be considered as meeting head and head, either vessel shall immediate- ly give two short and distinct blasts of her whistle, Which the other vessel shall answer promptly by two Similar blasts of her whistle, and they shall pass on the starboard side of each other. The foregoing only applies to cases where vessels are meeting end on or nearly end on, in such a man- ner as to involve risk of collision ; in other words, to Cases in which, by day, each vessel sees the masts. of the other in a line, or nearly in a line, with her Own and by night to cases in which each vessel is in such a position as to see both the side-lights of the Other. It does not apply by day to Cases in which a ves- sel sees another ahead Crossing her Own Course, or by night to cases where the red light of one vessel is Opposed to the red light of the other, Or Where the green light of One vessel is Opposed to the green light Of the other, Or where a red light without a green light or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. Rule III. If, when steam-vessels are approaching each other, either vessel fails to understand the course Or intention Of the Other, from any Cause, the vessel so in doubt shall immediately signify the same by giving several short and rapid blasts, not less than four, of the steam-whistle. Rule V. Whenever a steam-Vessel is nearing a short bend Or Curve, in the Channel, where, from the height of the banks Or Other Cause, a Steam-VeSSel approach- ing from the opposite direction can not be seen for a distance Of half a mile, SuCh Steam Vessel, when she shall have arrived within half a mile Of Such Curve, or bend, shall give a signal by One long blast Of the steam whistle, which signal shall be answered by a similar blast, given by any approaching steam-yes- sel that may be Within hearing. Should such signal Ch. 5) & 7905 REGULATION OF COMMERCE AND NAVIGATION [Page 1245] be so answered by a steam-vessel upon the farther side of Such bend, then the usual signals for meeting and passing Shall immediately be given and answer- ed; but, if the first alarm signal of such vessel be not answered, She is to consider the Channel clear and govern herself accordingly. When Steam-vessels are moved from their docks Or berths, and other boats are liable to pass from any direction toward them, they shall give the same sig- nal as in the Case of vessels meeting at a bend, but immediately after clearing the berths so as to be ful- ly in sight they shall be governed by the steering and Sailing rules. Rule VIII. When steam-vessels are running in the same direction, and the vessel which is astern shall desire to pass On the right Or Starboard hand of the Vessel ahead, She shall give one short blast of the Steam-Whistle, as a signal of such desire, and if the vessel ahead answers with one blast, she shall put her helm to port ; or if she shall desire to pass on the left Or port side of the vessel ahead, she shall give two short blasts of the steam-whistle as a sig- nal Of Such desire, and if the vessel ahead answers with two blasts, shall put her helm to starboard; or if the vessel ahead does not think it safe for the Vessel astern to attempt to pass at that point, she Shall immediately signify the same by giving several Short—and rapid—blasts of the steam-whistle, not less than four, and under no circumstances shall the ves- Sel astern attempt to pass the vessel ahead until Such time as they have reached a point where it can be safely done, when said vessel ahead shall signify her Willingness by blowing the proper signals. The vessel ahead shall in no case attempt to cross the bow or crowd upon the course of the passing VeSSel. Rule IX. The whistle signals provided in the rules under this article, for 'steam-vessels meeting, passing, Or Overtaking, are never to be used except when Steamers are in sight of each other, and the course and position of each can be determined in the day- time by a sight of the vessel itself, or by night by Seeing its signal lights. In fog, mist, falling snow or heavy rainstorms, When Vessels can not so see each other, fog-signals § must be given. (June 7, 1897, c. 4, § 1, 30 Stat. § 7898. (Art. 19.) Steam-vessels crossing— When two steam-vessels are crossing, so as to involve risk of Collision, the vessel which has the other on her OWn Starboard Side shall keep out of the way of the other. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7894. (Art. 20.) Steam and sailing vessels meeting-When a steam-vessel and a sailing-vessel are proceeding in such directions as to involve risk Of Collision, the steam-vessel shall keep out of the Way Of the sailing-vessel. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7895. (Art. 21.) What vessel shall keep her course—Where, by any of these rules, One of the two Vessels is to keep out of the way, the other shall keep ; Course and speed. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7896. (Art. 22.) Vessel to avoid crossing ahead—Every vessel which is directed by these rules to keep out of the way of another vessel shall, if the Circumstances of the case admit, avoid crossing ahead of the other. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7897. (Art. 23.) Steam-vessels to slacken speed—Every steam-vessel which is directed by these rules to keep out of the way of another vessel shall, On approaching her, if necessary, Slacken her speed or stop or reverse. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7898. (Art. 24.) Overtaking vessel to keep out of the way; definition of “overtaking vessel.” —Notwithstanding anything contained in these rules every vessel, overtaking any other, shall keep Out of the way of the overtaken vessel. EVery Vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position, With reference to the ves- Sel which she is overtaking that at night she would be unable to see either of that vessel’s side-lights, Shall be deemed to be an Overtaking vessel; and no Subsequent alteration of the bearing between the two Vessels shall make the overtaking vessel a crossing Vessel within the meaning of these rules, or relieve her Of the duty Of keeping clear of the Overtaken vessel un- til she is finally past and clear. As by day the overtaking vessel can not always know with certainty whether she is forward of or abaft this direction from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7899. (Art. 25.) Steam-vessel in narrow channels—In narrow channels every steam-vessel Shall, when it is safe and practicable, keep to that side Of the fair-way or mid-channel which lies on the Starboard side of such vessel. (June 7, 1897, c. 4, § 1, 30 Stat. 101.) § 7900. (Art. 26.) Sailing-vessels under way to avoid fishing boats; fishing boats not to ob- struct fair-ways—Sailing-vessels under way shall keep Out of the way of sailing-vessels or boats fishing With nets, or lines, or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of Obstructing a fair-way used by vessels other than fishing-vessels or boats. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) § 7901. (Art. 27.) Obedience to and con- struction of rules—In obeying and construing these rules due regard Shall be had to all dangers of navi- gation and collision, and to any special circumstanc- eS which may render a departure from the above rules necessary in order to avoid immediate danger. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) SOUND SIGNALS FOR, VESSELS IN SIGEIT OF ONE ANOTEIEF § 7902. (Art. 28.) Signal of steam-vessel go- ing at full speed astern—When vessels are in Sight Of One another a Steam-VeSSel under Way Whose en- gines are going at full speed astern shall indicate that fact by three short blasts on the whistle. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) NO WIESSEL UNDER ANY CIRCUMISTANCES TO NEGLECT PROPER PRECAUTIONS § 7903. (Art. 29.) Vessels not to neglect pre- cautions—Nothing in these rules shall eXOnerate any vessel, or the owner or master or Crew thereof, from the consequences of any neglect to carry lights or Sig- nals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be requir- ed by the Ordinary practice Of Seamen, Or by the spe- cial circumstances of the case. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) § 7904. (Art. 30.) War and revenue vessels— The exhibition of any light on board of a vessel of war of the United States or a revenue Cutter may be suspended whenever, in the Opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a VeSSel acting singly, the Special character of the service may require it. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) DISTRESS SIGNALS § 7905. (Art. 31.) Distress signals—When a vessel is in distress and requires assistance from Other vessels or from the shore the following shall be the signals to be used or displayed by her, either togeth- er or separately, namely: º IN THE DAYTIME A continuous sounding with any fog-signal appara- tus, or firing a gun. § 7905 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 12461 - AT NIGHT First. Flames on the vessel as from a burning tar barrel, oil barrel, and so forth. Second. A continuous sounding with any fog-signal apparatus, or firing a gun. (June 7, 1897, c. 4, § 1, 30 Stat. 102.) - - § 7906. Rules to be established for steam- vessels passing, and as to lights on ferry-boats, Tharges and canal boats in tow, and as to lights and day signals for vessels and dredges working on wrecks—The supervising inspectors of steam VeSSels and the Supervising Inspector General shall establish such rules to be observed by steam vessels in passing each other and as to the lights to be carried by ferry- boats and by barges and canal boats when in tow of steam vessels, and as to the lights and day signals to be carried by vessels, dredges of all types, and ves- sels working on wrecks by other obstruction to navi- gation or moored for submarine operations, or made fast to a sunken object which may drift with the tide or be towed, not inconsistent with the provisions of this Act, as they from time to time may deem neces- sary for safety, which rules when approved by the Secretary of Commerce are hereby declared special rules duly made by local authority, as provided for in article thirty of chapter eight hundred and two of the laws of eighteen hundred and ninety. Two print- ed copies of such rules shall be furnished to such ferryboats, barges, dredges, canal boats, vessels work- ing on wrecks, and steam vessels, which rules Shall be kept posted up in conspicuous places in such vessels, barges, dredges, and boats. (June 7, 1897, c. 4, § 2, 30 Stat. 102, amended, May 25, 1914, c. 98, 38 Stat. 381.) - § 7907. Pilots violating provisions of act; penalty; liability of vessel or owner—Every pilot, engineer; mate, or master of any steam-vessel, and every master or mate of any barge or canal-boat, who neglects or refuses to observe the provisions of this Act, or the regulations established in pursuance Of the preceding section, shall be liable to a penalty of fifty dollars, and for all damages sustained by any pas- senger in his person Or baggage by such neglect Or refusal: Provided, That nothing herein shall relieve any vessel, owner or corporation from any liability incurred by reason of such neglect or refusal. (June 7, 1897, c. 4, § 3, 30 Stat. 102.) - § 7908. Vessels navigated without compli- ance with act; penalty—Every vessel that shall be navigated without complying with the provisions of this Act shall be liable to a penalty of two hundred dollars, one-half to go to the informer, for which sum the vessel so navigated shall be liable and may be seized and proceeded against by action in any district Court of the United States having jurisdiction of the offense. (June 7, 1897, c. 4, § 4, 30 Stat. 103.) § 7909. Repeal—Sections forty-two hundred and thirty-three and forty-four hundred and twelve (with the regulations made in pursuance thereof, except the rules and regulations for the government of pilots of steamers navigating the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), and forty-four hundred and thirteen of the Revised Statutes of the United States, and chap- ter two hundred and two of the laws of eighteen hundred and ninety-three, and Sections one and three of chapter one hundred and two of the laws of eight- een hundred and ninety-five, and Sections five, twelve, and thirteen of the Act approved March third, eight- een hundred and ninety-seven, entitled “An Act to amend the laws relating to "navigation,” and all amendments thereto, are hereby repealed so far as the harbors, rivers, and inland waters aforesaid (ex- cept the Great Lakes and their connecting and tribu- tary Waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries) are concerned. (June 7, 1897, c. 4, § 5, 30 Stat. 103.) . . See note at beginning of chapter. - RULES FOR GREAT LAKES AND CON- NECTING AND TRIBUTARY WATERS § 7910. Rules for preventing collisions on the Great Lakes—The following rules for prevent- ing collisions shall be followed in the navigation of all public and private vessels of the United States upon the Great Lakes and their Connecting and tribu- tary waters as far east as Montreal. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 645.) - See note at beginning of chapter. . STEAM AND SAIL VESSELS § 79 II. (Rule 1.) Meaning of words “sail- vessel,” “steam-vessel,” “under way”—Every Steam Vessel which is under Sail and not under Steam, shall be considered a sail vessel; and every steam vessel which is under Steam, Whether under Sail. Or not, shall be considered a steam vessel. The word steam vessel shall include any vessel propelled by ma- chinery. A vessel is under way within the meaning of these rules when she is not at anchor or made fast to the shore Or aground. (Feb. 8, 1895, C. 64, § 1, 28 Stat. 645.) - LIGHTS - § 7912. (Rule 2.) Period of compliance with rules concerning lights; meaning of word “vis- ible”—The lights mentioned in the following rules and no others shall be carried in all weathers from SunSet to Sunrise. The WOrd Visible in these rules when applied to lights shall mean visible On a dark night with a clear atmosphere. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 645.) - § 7913. (Rule 3.) Lights of steam-vessel un- der way—Except in the Cases hereinafter expressly provided for, a steam vessel when under way shall carry: (a) On or in front of the foremast, or if a vessel without a foremast, then in the forepart of the ves- sel, at a height above the hull. Of not less than twen- ty feet, and if the beam of the vessel exceeds twenty feet, then at a height above the hull not less than Such beam, SO, however, that such height need not exceed forty feet, a bright white light so constructed as to show an unbroken light over an arc of the hori- ZOn Of twenty points Of the Compass, so fixed as to | throw the light ten points on each side of the ves- . Sel, namely, from right abead to two points abaft the beam On either Side, and Of Such character as to be Visible at a distance of at least five miles. * - (b) On the starboard side, a green light, so con- structed as to throw an unbroken light over an arc Of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance Of at least two miles. (c) On the port side, a red light, so constructed as to show an unbroken light Over an arc Of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam On the port Side, and Of Such a character as to be visible at a distance of at least two miles. , (d) The said green and red lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow, (e) A steamer of over one hundred and fifty feet register length shall also carry when under way an additional bright light similar in construction to that mentioned in subdivision (a), so fixed as to throw the light all around the horizon and of such character as to be visible at a distance of at least three miles. Such additional light shall be placed in line with the Ch. 5) § 7924 FEGULATION OF COMMERCE AND NAVIGATION [Page 1247I keel at least fifteen feet higher from the deck and more than seventy-five feet abaft the light mentioned in subdivision (a). (Feb. 8, 1895, c. 64, § 1, 28 Stat. 645.) WESSELS TOWING § 7914. (Rule 4.) Steam-vessel having a ves- sel in tow—A steam vessel having a tow Other than a raft shall in addition to the forward bright light mentioned in subdivision (a) of rule three Carry in a vertical line not less than six feet above or below that light a second bright light of the same Con- Struction and character and fixed and carried in the Same manner as the forward bright light mentioned in said subdivision (a) of rule three. Such steamer Shall also carry a small bright light abaft the fun- nel Or after mast for the tow to steer by, but such light shall not be visible forward of the beam. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 646.) § 7915. (Rule 5.) Steam-vessel having a raft in tow—A steam vessel having a raft in tow shall, instead of the forward lights mentioned in rule four, Carry On Or in front Of the foremast, Or if a vessel Without a foremast then in the fore part of the ves- Sel, at a height above the hull of not less than twenty feet, and if the beam of the vessel exceeds twenty feet, then at a height above the hull not less than Such beam, so however that such height need not ex- Ceed forty ſect, two bright lights in a horizontal line athwartships and not less than eight feet apart, each SO fixed as to throw the light all around the horizon and Of Such character as to be visible at a distance Of at least five miles. Such steamer shall also car- ry the Simall bright steering light aft, of the character and fixed as required in rule four. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 646.) §§ § 7916. (Rule 6.) Sailing-vessel under way or vessel in tow—A sailing vessel under way and any Vessel being towed shall carry the side lights men- tioned in rule three. A. Vessel in tow shall also carry a small bright light aft, but such light shall not be visible forward Of the beam. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 646.) § 7917. (Rule 7.) Rules to be made for tugs —The lights for tugs under thirty tons register whose principal business is harbor towing, and for boats navigating only on the River Saint Lawrence, also ferryboats, rafts, and canal boats, shall be regulated by rules which have been or may hereafter be pre- Scribed by the Board of Supervising Inspectors of Steam Vessels. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 646.) § 7918. (Rule 8.) Small vessel may use port- able lights—Whenever, as in the case of small ves- Sels under way during bad weather, the green and red Side lights can not be fixed, these lights shall be kept at hand lighted and ready for use, and shall, on the approach of or to other vessels, be exhibited on their respective sides in Sufficient time to prevent Collision, in Such manner as to make them most Visi- ble, and so that the green light shall not be seen on the port side, nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 646.) § 7919. (Rule 9.) Vessel at anchor—A vessel under one hundred and fifty feet register length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern Constructed so as to show a clear, uniform, and unbroken light, visible all around the horizon, at a distance of at least One mile. A vessel of one hundred and fifty feet or upward in register length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, One such light, and at or near the stern of the VeSSel, and at such a height that it shall be not less than fifteen feet lower than the forward light, anoth- er such light. . (Feb. 8, 1895, c. 64, § 1, 28 Stat. 647.) § 7920. (Rule 10.) Produce and eanal boats —Produce boats, Canal boats, fishing boats, rafts, Or Other water Craft navigating any bay, harbor, Or river by hand power, horse power, sail, or by the cur- rent of the river, or which shall be anchored or moor- ed in or near the channel or fairWay Of any bay, har- bor, or river, and not otherwise provided for in these rules, shall carry One or more good white lights, which shall be placed in such manner as shall be prescribed by the Board of Supervising Inspectors of Steam Ves- sels. (Teb. 8, 1895, c. 64, § 1, 28 Stat. 647.) § 7921. (Rule 11.) Open boats—Open boats shall not be obliged to carry the side lights required for other vessels, but shall, if they do not carry Such lights, carry a lantern having a green slide On One side and a red slide on the other side; and On the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent Collision, and in such a manner that the green light Shall not be seen on the port side, nor the red light On the starboard side. Open boats, when at anchor Or Sta- tionary, shall exhibit a bright white light. They shall not, however, be prevented from using a flare-lip in addition if considered expedient. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 647.) § 7922. (Rule 12.) Use of torch—Sailing VeS- sels shall at all times, on the approach of any Steamer during the nighttime, show a lighted torch upon that point or quarter to which such steamer shall be ap- proaching. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 647.) § 7923. (Rule 13.), War and revenue ships- The exhibition of any light on board of a vessel of war or revenue cutter of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a Squadron, or the commander of a vessel acting singly, the Special character of the service may require it. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 647.) FOG SIGNALS § 7924. (Rule 14.) Fog signals of steam-ves- seis and sailing-vessels under way and at anchor —A steam vessel shall be provided With an efficient whistle, sounded by steam or by Some substitute for steam, placed before the funnel not less than eight feet from the deck, or in such other place as the 10- cal inspectors of steam vessels shall determine, and of such character as to be heard in ordinary Weather at a distance of at least two miles, and With an effi- cient bell, and it is hereby made the duty of the United States local inspectors of steam vessels when inspect- ing the same to require each steamer to be ful'nished with such whistle and bell. A sailing vessel Shall be provided with an efficient fog horn and With an effi- Cient bell. Whenever there is thick weather by reason of fog, mist, falling snow, heavy rainstorms, or other, causes, whether by day or by night, fog signals shall be used as follows : (a) A steam vessel under way, excepting only a steam vessel with raft in tow, shall sound at intervals of not more than one minute three distinct blasts Of her whistle. (b) Every vessel in tow of another vessel shall, at intervals of one minute, sound four bells On a good and efficient and properly-placed bell as follows: By striking the bell twice in quick succession, followed by a little longer interval, and then again striking twice in quick succession (in the manner in which four bells is struck in indicating time). (c) A steamer with a raft in tow shall sound at in- tervals of not more than one minute a screeching Or Modoc Whistle for from three to five Seconds. (d) A sailing vessel under way and not in tow shall sound at intervals of not more than one minute— & 7924 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1248] If on the Starboard tack with wind forward of abeam, one blast of her fog horn; If on the port tack with wind forward of the beam, two blasts of her fog horn; - If She has the Wind abaft the beam On either side, three blasts of her fog horn. (e) Any vessel at anchor and any vessel aground in Or near a channel or fairway shall at intervals of not more than two minutes ring the bell rapidly for three to five seconds. (f) Vessels of less than ten tons registered tonnage, not being steam Vessels, shall not be obliged to give the above-mentioned signals, but if they do not they shall make Some Other efficient SOund Signal at inter- Vals Of not more than One minute. (g) Produce boats, fishing boats, rafts, or other Wat- er Craft navigating by hand power or by the Current Of the river, Or anchored Or moored in Or near the Channel or fairway and not in any port, and not other- wise provided for in these rules, shall sound a fog horn Or equivalent signal, at intervals Of not more than One minute. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 647.) § 7925. (Rule 15.) Reduced speed in thick weather—Every vessel shall, in thick Weather, by reason of fog, mist, falling snow, heavy rain storms, or - Other Causes, go at moderate Speed. A steam Vessel hearing, apparently not more than four points from right ahead, the fog signal of another vessel shall at Once reduce her Speed to bare steerageway, and navi- gate with Caution until the vessels shall have passed each other. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 648.) STEERING AND SAILING RULES 'SAILIN G - VESSELS § 7926. (Rule 16.) Avoidance of risk of col- lisions; sailing-vessels approaching one another —When two sailing Vessels are approaching one an- Other SO as to involve risk Of Collision One of them . Shall keep Out Of the Way Of the Other, as follows, Inamely: (a) A vessel which is running free shall keep out of the way of a vessel which is closehauled. (b) A vessel which is closehauled on the port tack shall keep out of the way of a vessel which is close- hauled On the starboard tack. (c) When both are running free, with the wind on different Sides, the vessel which has the wind On the port side shall keep out of the way of the other. (d) When they are running free, with the wind on the same side, the vessel which is to windward shall keep Out of the way of the vessel which is to leeward. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 648.) - STEAM - VESSELS § 7927. (Rule 17.) Steam-vessels meeting end on—When two steam vessels are meeting end On, Or nearly end On, SO as to involve risk Of Collision each shall alter her course to starboard, so that each shall pass on the port side of the other. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 648.) § 7928. (Rule 18.) Steam-vessels crossing— When two steam vessels are crossing so as to involve risk of Collision the vessel which has the other on her own starboard side shall keep out of the way of the other. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 648.) § 7929. (Rule 19.) Steam and sailing vessels meeting—When a Steam Vessel and a sailing vessel are proceeding in such directions as to involve risk of Collision the steam vessel shall keep out of the way of the sailing vessel. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 648.) § 7930. (Rule 20.) What vessel shall keep her course—Where, by any of the rules herein pre- Scribed, One of two vessels shall keep Out Of the way, the other shall keep her course and speed. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7931. (Rule 21.) What vessel to slacken speed—Every steam vessel which is directed by these rules to keep Out of the Way of another vessel shall, On approaching her, if necessary, slacken her speed or stop or reverse. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) 2 § 7932. (Rule 22.) Overtaking vessel to keep out of the way—Notwithstanding anything contained in these rules every vessel overtaking any other shall keep Out of the way of the Overtaken vessel. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7933. (Rule 23.) Whistle signals; one Rºlast, two blasts—In all weathers every steam ves- Sel under Way in taking any course authorized or re- Quired by these rules shall indicate that course by the following signals on her whistle, to be accompanied whenever required by corresponding alteration of her helm ; and every steam vessel receiving a signal from another shall promptly respond with the same signal Or, as provided in Rule Twenty-six: * One blast to mean, “I am directing my course to Starboard.” Two blasts to mean, “I am directing my course to port.” But the giving or answering signals by a vessel required to keep her course shall not vary the duties and obligations of the respective vessels. (IFeb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7934. (Rule 24.) Vegsels in rivers Saint Mary and Saint Clair—That in all narrow Channels Where there is a Current, and in the rivers Saint Mary, Saint Clair, Detroit, Niagara, and Saint Law- rence, when two Steamers are meeting, the descend- ing steamer shall have the right of way, and shall, before the vessels shall have arrived within the dis- tance of one-half mile of each other, give the signal necessary to indicate which side she elects to take. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7935. (Rule 25.) Vºssels in narrow chan- nels—In all channels less”fhan five hundred feet in width, no steam vessel shall pass another going in the Same direction unless the steam Vessel ahead be disabled Or signify her Willingness that the Steam vessel astern shall pass, when the steam. Vessel astern may pass, subject, however, to the other rules applic- able to Such a Situation. And when Steam Wessels proceeding in Opposite directions are about to meet in Such Channels, both Such vessels shall be slowed down to a moderate speed, according to the circum- stances. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7936. (Rule 26.) Refusal to pass–If the pilot of a steam vessel to which a passing signal is sounded deems it unsafe to accept and assent to said Signal, he shall not Sound a CrOSS Signal ; but in that case, and in every case where the pilot of one steam- er fails to Understand the COurse Or intention Of an approaching Steamer, whether from signals being given or answered erroneously, or from other caus- es, the pilot of such steamer so receiving the first passing signal, or the pilot so in doubt, shall sound Several Short and rapid blasts of the Whistle; and if the vessels shall have approached within half a mile Of each other both Shall reduce their Speed to bare Steerageway, and, if necessary, Stop and reverse. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) § 7937. (Rule 27.) Obedience to and con- struction of rules—In obeying and construing these rules due regard Shall be had to all dangerS of navigation and collision and to any special circum- stances which may render a departure from the above rules necessary in Order to avoid immediate danger. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) t § 7938. (Rule 28.) Vessels not to negleet precautions—Nothing in these rules shall exonerate any vessel, or the owner or master or Crew thereof, from the consequences of any neglect to "Carry lightS or signals, or of any neglect to keep a proper look- out, or of a neglect of any precaution which may be required by the Ordinary practice of seamen, or by the special circumstances of the case. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 649.) Ch. 5) & 7951 REGULATION OF COMMERCE AND NAVIGATION IPage 1249] § 7939. Violations of provisions of act; pen- alty—A fine, not exceeding two hundred dollars, may be imposed for the violation of any of the proVi- Sions of this Act. The vessel shall be liable for the said penalty, and may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which Such vessel may be found. (Feb. 8, 1895, c. 64, § 2, 28 Stat. 649.) § 7940. Regulations; steam-vessels passing; copies of rules—The Secretary of the Treasury Of the United States shall have authority to establish all necessary regulations, not inconsistent with the pro- visions of this Act, required to carry the same into effect. The Board of Supervising Inspectors of the United States Shall have authority to establish Such regula- tions to be observed by all steam vessels in passing each other, not inconsistent with the provisions of this Act, as they shall from time to time deem necessary; and all regulations adopted by the said Board of Supervising Inspectors under the authority of this Act, when approved by the Secretary of the Treas- ury, shall have the force of law. Two printed copies of any Such regulations for passing, signed by them, shall be furnished to each steam vessel, and shall at all times be kept posted up in conspicuous places on board. (Feb. 8, 1895, c. 64, § 3, 28 Stat. 649.) - —See §§ 9954–9956. T T T T § 7941. Repeal—That all laws or parts of laws, So far as applicable to the navigation of the Great Lakes and their connecting and tributary waters as far east as MOntreal, inconsistent with the foregoing rules are hereby repealed. (Feb. 8, 1895, c. 64, § 4, 28 Stat. 650.) See note at beginning of chapter. RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO § 7942. Rules for preventing collisions—The following rules for preventing Collisions on the wa- ter, Shall be followed in the navigation of vessels Of the Navy and Of the mercantile marine of the Unit- ed States. (R. S. § 4233.) See note at beginning of chapter. & STEAM AND SAIL VIESSELS § 7943. (Rule 1.) Meaning of words “sail vessel” and “steam vessel.”—Every steam vessel which is under Sail and not under Steam Shall be Considered a Sail Vessel; and every Steam vessel which is under Steam, whether under Sail or not, Shall be Considered a Steam VeSSel. The Words Steam VeSSel shall include any vessel propelled by machinery. (R. S. § 4233, amended, March 3, 1905, c. 1457, § 10, 33 Stat. 1032.) LIGHTS § 7944. (Rule 2.) Period of compliance with rules concerning lights—The lights mentioned in the following rules, and no others, shall be carried in all weathers, between sunset and Sunrise. (R. S. § 4233.) § 7945. (Rule 3.) Lights of ocean steamers, and steamers carrying sail, under way—All Ocean- going steamers, and steamers carrying sail, shall, when under way, carry— (a) At the foremast head, a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and SO COInstructed as to show a uniform and unbro- ken light over an arc of the horizon of twenty points of the compass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either Side. (b) On the Starboard side, a green light, of such a Character as to be Visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and COMP.ST.’18–79 So Constructed as to Show a uniform and unbroken light Over an arc of the horizon of ten points of the COImpass, and so fixed as to throw the light from right ahead to two points abaft the beam On the Starboard side. (c) On the port side, a red light, of such a charac- ter as to be visible on a dark night, with a clear at- mosphere, at a distance of at least two miles, and SO Constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the COm- pass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, projecting at least three feet forward from the lights, so as to prevent them from being seen across the bow. (R. S. § 4233.) § 7946. (Rule 4.) Steam-vessel towing other vessels–Steam-vessels, when towing other vessels, shall carry two bright white mast-head lights verti- cally, in addition to their side-lights, so as to distin- guish them from other steam-vessels. Each of these mast-head lights shall be of the same character and Construction as the mast-head lights prescribed by Rule three. (R. S. § 4233.) § 7947. (Rule 5.) Steam-vessels other than ocean steamers, and steamers carrying sail—All steam-vessels, other than –Ocean-going- steamers and steamers carrying sail, shall, when under way, Carry On the starboard and port sides lights of the same character and construction and in the same position as are prescribed for side-lights by Rule three, except in the Čase provided in Rule six. (R. S. § 4233.) § 7948. (Rule 6.) Vessels on waters flowing into Gulf of Mexico—River-steamers navigating Wa- ters flowing into the Gulf of Mexico, and their tribu- taries, shall carry the following lights, namely: One red light on the outboard side of the port Smoke-pipe, and one green light on the outboard side of the Star- board Smoke-pipe. Such lights shall show both for- ward and abeam on their respective sides. (R. S. § 4233.) § 7949. (Rule 7.) Coasting and inland waters steam-vessels, ferry-boats, barges, and canal- boats—All Coasting steam-vessels, and steam-vessels other than ferry-boats and vessels otherwise expressly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those mentioned in Rule six, shall carry the red and green lights, as prescribed for Ocean-going steamers; and, in addition thereto, a Central range of two white lights; the after-light being carried at an elevation of at least fifteen feet above the light at the head of the vessel. The headlight shall be so constructed as to show a good light through twenty points of the com- pass, namely: from right ahead to two points abaft the beam On either side of the vessel; and the after- light SO as to show all around the horizon. The lightS for ferry-boats, barges and Canal boats when in tow of steam vessels, shall be regulated by such rules as the board of Supervising inspectors of steam-vessels shall prescribe. (R. S. § 4233, amended, March 3, 1893, c. 202, March 3, 1893, c. 202, 27 Stat. 557.) § 7950. (Rule 8.) Sailing-vessels under way or in tow—Sail-Vessels, under way or being towed, shall carry the same lights as steam-vessels under way, with the exception of the white mast-head lights, which they shall never carry. (R. S. § 4233.) § 7951. (Rule 9.) Small vesse is in bad weath- er—Whenever, as in Case of Small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be ex- hibited. On their respective sides in Sufficient time to prevent collision, in such manner as to make them most visible, and SO that the green light shall not be Seen on the port Side, nor the red light on the star- board side. To make the use of these portable lights a 7952 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 12501 more. Certain and easy, they shall each be painted Outside with the color of the light they respectively COntain, and shall be provided with suitable screens. (R. S. § 4233.) § 7952. (Rule 10.) Vessels at anchor—All Ves- Sels, whether steam-Vessels Or sail-Vessels, when at anchor in roadsteads or fairways, shall, between Sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a Clear, uniform, and unbroken light, visible all around the horizon, and at a distance of at least one mile. (R. S. § 4233.) § 7953. (Rule 11.) Sailing and steam pilot- vessels—Sailing pilot-vessels shall not carry the lights required for other sailing-Vessels, but shall Carry a white light at the mast-head, visible all around the horizon, and shall also exhibit a flare-up light every fifteen minutes. - Steam pilot boats shall, in addition to the masthead light and green and red side lights required for Ocean steam vessels, carry a red light hung vertically from three to five feet above the foremast headlight, for the purpose of distinguishing such steam pilot boats from other steam vessels. (R. S. § 4233, amended, March 3, 1897, c. 389, § 5, 29 Stat. 689.) § 7954. (Rule 12.) Coal and trading boats— Coal-boats, trading-boats, produce-boats, Canal-boats, oyster-boats, fishing-boats, rafts, or other water-Craft, navigating any bay, harbor, or river, by hand-power, horse-power, sail, or by the current of the river, Or which shall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, shall carry one or more good white lights, which shall be placed in Such manner as shall be prescribed by the board of Supervising inspectors of steam-vessels. (R. S. § 4233.) § 7955. (Rule 13.) Open boats—Open boats shall not be required to carry the side-lights required for other vessels, but shall, if they do not carry Such lights, carry a lantern having a green Slide On One side and a red slide on the other side; and, On the approach of or to other vessels, such lantern Shall be exhibited in Sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, however, be prevented from using a flare-up, in addition, if considered expedient. (R. S. § 4233.) § 7956. (Rule 14.) Ships of war and rev- enue cutters—The exhibition of any light On board Of a vessel of war Of the United States may be sus- pended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. The exhibi- tion of any light on board of a revenue Cutter of the United States may be suspended whenever, in the Opinion . Of the commander of the vessel, the Special character of the service may require it. (R. S. § 4233, amended, March 3, 1897, c. 389, § 12, 29 Stat. 690.) FOG SIGNALS § 7957. (Rule 15.) Fog signals—(a) Whenever there is a fog, or thick weather, whether by day or night, fog signals shall be used as follows: Steam vessels under way shall sound a steam whistle placed before the funnel, not less than eight feet from the deck, at intervals of not more than one minute. Steam Vessels, when to Wing, Shall Sound three blastS. of quick succession repeated at intervals of not more than One minute. (b) Sail vessels under way shall sound a fog horn at intervals Of not more than One minute. (c) Steam vessels and sail vessels, when not under way, shall sound a bell at intervals of not more than two minutes. W s \ (d) Coal-boats, trading-boats, produce-boats, canal- boats, oyster-boats, fishing-boats, rafts, or other Water- craft, navigating any bay, harbor, or river, by hand- power, horse-power, sail, or by the current of the river, or anchored or moored in or near the channel Or fairway of any bay, harbor, or river, and not in any port, shall sound a fog-horn, or equivalent signal, which shall make a sound equal to a steam-whistle, at intervals Of not more than two minutes. (R. S. § 4233, amended, March 3, 1897, c. 389, § 12, 29 Stat. 690.) STEERING AND SAILING RULES § 7958. (Rule 16.) Ascertainment of risk of collision—Risk of collision can, when Circumstances permit, be ascertained by carefully watching the COIm- pass bearing of an approaching vessel. If the bearing does not appreciably change such risk should be deem- ed to exist. (R. S. § 4233, amended, March 3, 1897, C. 389, § 12, 29 Stat. 690.) * § 7959. (Rule 17.) Rules of avoidance of risk; sailing-vessels approaching one another-When two sailing vessels are approaching one another, SO as to involve risk of collision, one of them shall keep Out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep Out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is ClOSe- hauled On the starboard tack. (c) When both are running free, with the wind On different sides, the vessel which has the Wind. On the port side shall keep out of the way of the other. (d) When both vessels are running free, with the Wind on the same side, the vessel which is to the windward shall keep Out Of the Way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. (R. S. § 4233, amend- ed, March 3, 1897, c. 389, § 12, 29 Stat. 690.) § 7960. (Rule 18.) Steam-vessels meeting end on—If two vessels under steam are meeting end On, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. (R. S. § 4233.) § 7961. (Rule 19.) Steam-vessels crossing—If two vessels under steam are Crossing SO as to in- volve risk of collision, the vessel which has the other On her own starboard side shall keep Out of the Way Of the other. (R. S. § 4233.) § 7962. (Rule 20.) Steam and sailing vessels meeting—If two vessels, one of which is a sail-vessel and the other a steam-vessel, are proceeding in such directions as to involve risk of Collision, the steam- vessel shall keep Out Of the Way Of the sail-vessel. (R. S. § 4233.) § 7963. (Rule 21.) Speed of steam-vessel ap- proaching another vessel and in fog—Every steam- vessel, when approaching another vessel, so as to in- volve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steam-ves- sel shall, when in a fog, go at a moderate speed. (R. S. § 4233.) - * - § 7964. (Rule 22.) Overtaking vessel to keep out of the way—Every vessel Overtaking any other vessel Shall keep Out Of the Way Of the last-mentioned vessel. (R. S. § 4233.) º § 7965. (Rule 23.) What vessel shall keep her course—Where, by Rules seventeen, nineteen, twenty, and twenty-two, one of two vessels shall keep out of the way, the other Shall keep her course, sub- ject to the qualifications of Rule twenty-four. (R. S. § 423.3.) § 7966. (Rule 24.) Obedience to and con- struction of rules—In Construing and obeying these rules, due regard must be had to all dangers of navi- gation, and to any special circumstances which may exist in any particular Case rendering a departure Ch. 5) 3 7978 REGULATION OF COMMERCE AND NAVIGATION [Page 1251] from them necessary in order to avoid immediate danger. (R. S. § 4233.) § 7967. (Rule 25.) Sailing-vessel overtaken— A sail vessel which is being overtaken by another ves- sel during the night shall show from her stern to such last-nmentioned vessel a torch Or a flare-up light. (R. S. § 4233, amended, March 3, 1897, c. 389, § 13, 29 Stat. 690.) § 7968. (Rule 26.) Vessels not to neglect pre- cautions—Nothing in these rules shall eXOnerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, Or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be re- quired by the ordinary practice of seamen or by the special circumstances of the case. (R. S. § 4233, amended, March 3, 1897, c. 389, § 13, 29 Stat. 690.) § 7969. Regulations of towage of seagoing Tharges within inland waters—The chairman Of the Light-House Board, the Supervising Inspector-Gener- al of the Steamboat-Inspection Service, and the Com- missioner of Navigation shall convene as a board at such times as the Secretary of Commerce and Labor shall prescribe to prepare regulations limiting the Iength of hawsers between towing vessels and Sea- going barges in tow and the length of such to WS with- in any of the inland waters of the United States —designated-and-defined from time to time pursuant to section two of the Act approved February nine- teenth, eighteen hundred and ninety-five, and such regulations when approved by the Secretary of Com- merce and Labor shall have the force Of law. (May 28, 1908, c. 212, § 14, 35 Stat. 428.) § 7970. Violation of regulations by master of towing vessel; penalty—The master Of the towing vessel shall be liable to the suspension or revocation Of his license for any willful violation of regulations issued pursuant to Section fourteen in the manner now prescribed for incompetency, misconduct, or unskill- fulness. (May 28, 1908, c. 212, § 15, 35 Stat. 429.) § 7971. Rules for preventing collisions ex- tended to harbors—On and after March first, eight- een-hundred and ninety-five, the provisions Of Sections forty-two hundred and thirty-three, forty-four hun- dred and twelve, and forty-four hundred and thir- teen of the Hevised Statutes and regulations pursu- ant thereto shall be followed on the harbors, rivers and inland waters of the United States. The provi- sions of said sections of the Revised Statutes and regulations pursuant thereto are hereby declared special rules duly made by local authority relative to the navigation of harbors, rivers and inland waters as provided for in Article thirty, of the Act of Au- gust nineteenth, eighteen hundred and ninety, entitled “An Act to adopt regulations for preventing colli- sions at sea.” (Feb. 19, 1895, c. 102, § 1, 28 Stat. 672.) See note at beginning of chapter. § 7972. Secretary of Treasury to define lines dividing high seas from rivers and harbors—The Secretary Of the Treasury is hereby authorized, em- powered and directed from time to time to designate and define by suitable bearing or ranges with light houses, light vessels, buoys or coast objects, the lines dividing the high seas from rivers, harbors and in- land waters. (Feb. 19, 1895, c. 102, § 2, 28 Stat. 672.) § 7973. Signal lights; penalty for violation— Collectors or other chief officers of the customs shall require all sail vessels to be furnished with proper Signal lights. Every Such vessel that shall be navigated without complying with the Statutes of the United States, Or the regulations that may be lawfully made there- under, Shall be liable to a penalty of two hundred dollars, one-half to go to the informer; for which Sum the Vessel SO navigated shall be liable, and may be seized and proceeded against by way of libel in any district Court of the United States having juris- diction of the Offense. (Feb. 19, 1895, c. 102, § 3, 28 Stat. 672.) § 7974. Inland waters defined—The words “in- land waters” used in this Act shall not be held to include the Great Lakes and their connecting and tributary Waters as far east as Montreal; and this Act shall not in any respect modify Or affect the pro- Visions Of the Act entitled “An Act to regulate navi- gation. On the Great Lakes and their connecting and tributary Waters,” approved February eighth, eight- een hundred and ninety-five. (Feb. 19, 1895, c. 102, § 4, 28 Stat. 672.) (R. S. § 4234. Repealed.) This section provided that all collectors or other chief customs officers should require all sail-vessels to be fur- nished with proper signal lights, and such vessels should, on the approach of any steam-vessel during the nighttlme, show a lighted torch on the point or quarter to Which the steam-vessel should be approaching, and vessels failing to comply with this section and with R. S. § 4233, should be liable to a penalty of $200, and might be libeled in any dis- trict court having jurisdiction of the offense. It was ex- • pressly repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691. DUTIES AFTER COLLISION OR OTHER ACCIDENT § 7975. Reports of accidents; penalty--Frol') and after the first day of July, eighteen hundred and seventy-four, whenever any vessel of the United States has sustained or caused any accident involv- ing the loss-of life, the material-loss-of-prolyeity, or any serious injury to any person, or has received any material damage affecting her seaworthiness Or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happen- ing of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of Customs of the district wherein such vessel belongs or of that within which such accident Or damage OCCur- red, a report thereof, signed by Such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable OC- casion of the casualty, the number and names of those lost, and the estimated amount of loss Or dam- age to the vessel or cargo; and shall furnish, upon the request of either of such collectors of Customs, such other information concerning the Vessel, her cargo, and the casualty as may be called for ; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars. (June 20, 1874, c. 344, § 10, 18 Stat. 128.) § 7976. Notice of probabie loss; penalty- Whenever the managing owner or agent Of any Ves- sel of the United States has reason, OWing to the In On- appearance of such vessel, or to any other circum- stance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the collector of customs of the port to which said vessel belonged, Of Such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be as- certained, and shall furnish, upon request of the Col- lector of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of one hundred dollars. (June 20, 1874, c. 344, § 11, 18 Stat. 128.) § 7977. Reports by collectors of customs—It shall be the duty of the collectors of customs to im- mediately transmit to the Secretary of the Treasury such reports and information as they may receive under the provisions of the two preceding Sections, and they shall also report to the Secretary of the Treasury any neglect or refusal on the part of the managing owner, agent, or master of any vessel. Of the United States to comply with the requirements thereof. (June 20, 1874, c. 344, § 12, 18 Stat. 128.) § 7978. Remission of penalties; recovery—The Secretary of the Treasury may, upon application # 7978 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 1252] therefor, remit or mitigate any penalty provided for in this Act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascer- tain the facts upon all such applications in Such man- ner and under such regulations as he may think proper. All penalties herein provided may be Sued for, prosecuted, recovered, and disposed Of in the manner prescribed by section forty-three hundred and five of the Revised Statutes. (June 20, 1874, C. 344, § 13, 18 Stat. 128, amended, March 3, 1897, c. 389, § 11, 29 Stat. 690.) See § 8051. § 7978a. Owners of barges in tow, sustaining or causing accident, subject to provisions; re- ports of accidents—The owner, agent, or master of every barge which, while in tow through the open Sea, has sustained or caused any accident, shall be subject in all respects to the provisions of sections ten, elev- en, twelve, and thirteen of chapter three hundred and forty-four of the Statutes at Large, approved June twentieth, eighteen hundred and seventy-four, and the reports therein prescribed shall be transmit- ted by Collectors of customs to the Secretary of Com- merce, who shall transmit annually to Congress a Summary Of Such reports during the previous fiscal year, together with a brief Statement Of the action Of the department in respect to such accidents. (March 4, 1915, c. 153, § 15, 38 Stat. 1184.) § 7979. Duties of master of vessel in case of collision—In every case of collision between two ves- Sels it shall be the duty of the master or person in Charge Of each vessel, if and so far as he can do so Without Serious danger to his own vessel, crew, and paSSengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, Crew, and passengers (if any) such assistance as may be practicable and as may be necessary in Order to save them from any danger caused by the Collision, and also to give to the master or person in Charge Of the other vessel the name of his own ves- Sel and her port of registry, or the port or place to Which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails SO to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been Caused by his wrongful act, neglect, or default. (Sept. 4, 1890, c. 875, § 1, 26 Stat. 425.) § 7980. Failure to comply with act; penalty —Every master or person in charge of a United States vessel who fails, without reasonable cause, to render Such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of one thousand dol- lars, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any perSon; One-half such sum to be payable to the informer and the other half to the United States. (Sept. 4, 1890, c. 875, § 2, 26 Stat. 425.) REGULATION OF PILOTS AND PILOTAGE § 7981. State regulation of pilots—Until fur- ther provision is made by Congress, all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall Continue to be regulated in Conformity With the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose. (R. S. § 4235.) § 7982. Pilots on boundaries between States —The master of any vessel coming into or going out of any port Situate Upon Waters which are the bound- ary between two States, may employ any pilot duly licensed or authorized by the laws of either of the States bounded on such waters, to pilot the vessel to Or from such port. (R. S. § 4236.) § 7983. No discrimination in rates of pilotage —No regulations or provisions shall be adopted by any State which shall make any discrimination in the rate of pilotage or half-pilotage between vessels Sailing between the ports Of One State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the TJnited States; and all existing regulations or provi- sions making any such discrimination are annulled and abrogated. (R. S. § 4237.) WRECKS AND SALVAGE § 7984. Vessels stranded on foreign coasts- Consuls and vice-consuls, in cases where vessels of the United States are stranded on the coasts of their consulates respectively, shall, as far as the laws of the Country will permit, take proper measures, as well for the purpose of saving the vessels, their Car- goes and appurtenances, as for storing and Securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice-consul shall have authority to take possession of any such merchandise, or other property, when the master, OWner, Or COn- signee thereof is present or capable of taking posses- Sion of the same. (R. S. § 4238.) See §§ 7906, 9920. § 7985. Property wrecked on Florida coast- All property, of any description whatsoever, which shall be taken from any wreck, from the Sea, Or from any of the keys and shoals, within the jurisdiction Of the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction of the United States. (R. S. § 4239.) § 7986. Forfeitures for taking wrecked prop- erty to foreign ports—Every vessel which Shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, Within the jurisdiction of the United States, on the Coast of Florida, to any foreign port, shall, together with her tackle, apparel, and furniture, be forfeited, and all forfeitures incurred by virtue of this section Shall accrue, one moiety to the informer and the other to the United States. (R. S. § 4240.) § 7987. Dicense to wreckers on Florida coast —No vessel, or master thereof, shall be regularly em- ployed in the business of wrecking on the Coast of Florida without the license of the judge of the dis- trict court for the district of Florida ; and, before li- censing any vessel or master, the judge shall be Sat- isfied that the vessel is sea-worthy, and properly and Sufficiently fitted and equipped for the business of saving property shipwrecked and in distress; and that the master thereof is trustWOrthy, and innocent Of any fraud or misconduct in relation to any proper- ty shipwrecked or saved on the coast. (R. S. § 4241.) § 7988. Canadian vessels aiding vessels wrecked or disabled in United States waters— Canadian vessels and Wrecking appurtenance may render aid and assistance to Canadian or other ves- sels and property wrecked, disabled, Or in distress in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the Presi- dent of the United States that the privilege of aiding American or other vessels and property wrecked, dis- abled, or in distress in Canadian Waters contiguous to the United States has been extended by the GOV- ernment of the Dominion of Canada to American ves- sels and Wrecking appliances of all descriptions. This act shall be construed to apply to the canal and improvement of the Waters between Lake Erie and Lake Huron, and to the Waters of the Saint Ch. 6) & 7996 REGULATION OF COMMERCE AND NAVIGATION [Page 1253] Mary's River and canal: And provided further, That this act shall cease to be in force from and after the date of the proclamation of the President of the Unit- ed States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered in Operative by the said Government of the Dominion of Canada. (June 19, 1878, c. 324, 20 Stat. 175, amended, May 24, 1890, c. 292, 26 Stat. 120, and March 3, 1893, c. 211, § 1, 27 Stat. 675.) § 7989. International agreement as to dere- licts—That the President of the United States be, and he is hereby, authorized to make with the Several governments interested in the navigation of the North Atlantic Ocean, an international agreement providing for the reporting, marking, and removal Of danger- ous wrecks, derelicts, and other menaces to naviga- tion in the North Atlantic Ocean outside the Coast waters of the respective countries bordering thereon. (Oct. 31, 1893, No. 13, 28 Stat. 13.) § 7990. Salvage; remuneration not affected by ownership of vessel—The right to remuneration for assistance or salvage services shall not be affect: ed by common ownership of the vessels rendering and receiving such assistance or salvage Services. (Aug. 1, 1912, c. 268, § 1, 37 Stat. 242.) § 7991. Assistance to be rendered by master; punishment for failure—The master Or perSon in charge of a vessel shall, so far as he can do so—With- out serious danger to his own vessel, crew, Or passen- gers, render assistance to every person who is found at sea in danger of being lost; and if he fails to do So, he shall, upon conviction, be liable to a penalty of not exceeding one thousand dollars or imprisonment for a term not exceeding two years, or both. (Aug. 1, 1912, c. 268, § 2, 37 Stat. 242.) § 7992. Salvors of life to share in property saved—Salvors of human life, who have taken part in the Services rendered on the Occasion of the acci- dent giving rise to salvage, are entitled to a fair share Of the remuneration awarded to the Salvors Of the Ves- sel, her cargo, and accessories. (Aug. 1, 1912, C. 268, § 3, 37 Stat. 242.) § 7993. Time limit for salvage suits—A suit for the recovery of remuneration for rendering as- sistance or Salvage services shall not be maintainable if brought later than two years from the date when Such assistance or salvage was rendered, unless the court in which the suit is brought shall be satisfied that during such period there had not been any rea- sonable Opportunity of arresting the assisted or salved vessel within the jurisdiction of the court or within the territorial waters of the country in which the libelant resides Or has his principal place of business. (Aug. 1, 1912, c. 268, § 4, 37 Stat. 242.) § 7994. Act not applicable to ships of war— Nothing in this Act shall be construed as applying to ships of War or to Government ships appropriated ex- clusively to a public service. (Aug. 1, 1912, c. 268, § 5, 37 Stat. 242.) (R. S. § 4248. Superseded.) This section provided that the life-saving stations at Narragansett Pier and Block Island, R. I., should be un- der the Superintendent of life-saving stations for the coast of Long Island. It was superseded by Act May 4, 1882, c. 117, § 4, which provided that there should be a Superintendent for the district embracing the coasts of Rhode Island and Long Island, which in turn was super- seded by Act June 6, 1900, c. 791, § 1 ($ 8524), which pro- vides for a superintendent for the coasts of Rhode Island and Fishers Island. PART OWNER AND MASTER § 7995. Removal of captain by owners—Any person or body-corporate having more than one-half Ownership of any vessel shall have the same power to remove a master, who is also part owner of such ves- Sel, as such majority Owners have to remove a master not an OWner. This Section shall not apply where there is a valid written agreement subsisting, by vir- tue of which such master would be entitled to pos- session, nor in any case where a master has posses- sion as part owner, obtained before the ninth day of April, eighteen hundred and seventy-two. (R. S. § 4250, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) WAGES ON CANAL, BOATS § 7996. Dibel of canal-boats for wages-No canal-boat, without masts or steam-power, which is required to be registered, licensed, or enrolled and licensed, shall be subject to be libeled in any Of the United States courts for the wages of any perSOIn Who may be employed on board thereof, or in navigating the same. (R. S. § 4251.) Chapter Six—Transportation of Pas- sengers and Merchandise Accommodations for steerage passengers in vessels from foreign ports; number of passengers; measurement of space of decks. 7998. Same; repeal. 7999. (1) Berths for passengers. (2) Number and construction; (3) Males; where berthed. (4) Unmarried females; where berthed. (5) Families. (6) Berths to be numbered. (7) Penalties. (1) Light and air to passenger decks and compartments. (2) Ventilators. (3) Hatchways and companion-Ways. (4) Caboose and cooking apparatus.- (5) Water-closets. (6) Penalties. 8001. (1) Food. (2) Number of meals per day. (3) Short allowance. (4) Milk for infants. (5) Tables and seats. (6) Penalties. 8002. Hospitals, surgeon and medicine. 8003. Discipline and cleanliness; exercise of passengers. 8004. Visiting parts of vessel occupied by passengers. Sec. 7.997. OCCU pancy. 8000. 8005. Carrying explosives or other dangerous articles; ani- mals; penalties. 8006. (1) Boarding vessel on arrival. (2) Delivery of passenger lists on arrival; contents. (3) Penalties. 8007. Boarding arriving vessels before inspection; regulations. 8008. Penalty for violation of regulations. 8009. Act supplementary to other provisions. 8010. List of passengers submitted for inspection to customs officer and delivered with manifest on entry of vessel. 8011. Death of passengels; payment to collector for. 8012. Inspection and examination of vessels; reports. 8013. Vessels carrying passengers from United States to for- eign countries; withholding clearance papers. 8014. Fines and penalties; lien on vessel; recovery. 8015. Time of taking effect of act; repeal; citation of act. 8016. Transportation of nitro-glycerine. 8017. Same; packing and marking. 8018. Same; regulation by States. 8019. Liability of masters as carriers. 8020. Loss by fire. 8021. Liability of owner not to exceed interest. 8022. Apportionment of compensation. 8023. Transfer of interest of owner to trustee. 8024. When charterer is deemed owner. 8025. Remedies reserved. 8026. Shipping inflammable materials. 8027. Limitation of liability of owners applied to all vessels. 8028. Liability of owners of vessels for debts limited. 8029. Clauses in bills of lading relieving from liability for negligence. 8030. Clauses in bills of lading relieving from exercise of due diligence in equipping vessels. 8031. Limitation of liability for errors of navigation, dangers Of the sea and acts of God. 8032. Bills of lading to be issued; contents. 8033. Penalty for violations of act; 8034. Existing laws not repealed. 8035. Certain provisions of act not to apply to transporta- tion of live animals. (R. S. §§ 4252–4277. Repealed.) R. S. § 4252, prescribed the space to be allotted to each passenger brought from any foreign port or place other than foreign contiguous territory of the United States to the United States. R. S. § 4253, provided a penalty for the violation of section 4252. R. S. § 4254, required lock- ers and hospital compartments on each vessel. R. S. § 4255, regulated the number and size of the berths, and provided a penalty for violations of the section. R. S. 4256, required deck houses on all vessels. R. S. § 4257, required ventilators on vessels, and prescribed their num- ber and SIZe. R. S. § 4258, required cooking ranges on all vessels. R. S. § 4259, provided a penalty for viola- tions of sections 4256-4258. R. S. § 4260, prescribed the amount, kind, and quality of the provisions to be carried lien; recovery. § 7997 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 12541 by each vessel. R. S. § 4261, provided a penalty for Vio- lations of section 4260. R. S. § 4262, provided for the . cooking and distribution of the provisions, and provided a penalty for violations of the section. R. S. § 4263, pro- vided for the discipline and health of the passengers, and provided a penalty for violations of the section, . S. 4264, as amended by Act Feb. 27, 1877, c. 69, § 1, 19. Stat. 250, provided for the inspection of vessels upon their ar- rival, and extended the previous sections so as to make them applicable to steam-vessels carrying Such passengers. R. S. § 4265, extended the provisions of the previous Sec- tions to vessels carrying such passengers from any port in the United States to any port or place in the Pacific Ocean or its tributaries, or from any such place or port to any port in the United States on the Atlantic Ocean or its tributaries. R. S. § 4266, required lists of passengers to be delivered to the collector of the customs on arrival, and provided a penalty for refusals. , R. S. § 4267, required the lists of passengers to be delivered quarterly to the Sec- retary of State by the collectors of the customs. This Sec- tion was repealed by Act May 7, 1874, c. 149, 18 Stat. 42, which further required collectors of customs to make Te- turns from the manifests of passengers to the Secretary of the Treasury. R. S. § 4268, required the payment to the collector of customs upon arrival of ten dollars for every passenger above eight years of age, except cabin pas- sengers, who should die on the voyage of natural disease, and provided for the disposition of the money so paid. R. S. § 4269, provided a penalty for refusals to pay Said ten dollars, and provided for its recovery. R. S. § 4270, made the penalties recoverable by the preceding Section liens on the vessels, and provided for the libel of the VeS- sels. R. S. § 4271, extended the provisions of the preced- ing sections to vessels operated by Colonization Societies. R. S. § 4272, provided for the examination of emigrant Ves- sels upon their arrival. R. S. § 4273, provided for the payment to informers of one-half of the penalties collect- ed. R. S. § 4274, made the preceding sections, except those relating to passenger lists, applicable to vessels Owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, carrying passengers from foreign ports to foreign ports. R. S. § 4275, prohibited officers, seamen, etc., from Visiting the passengers’ quarters, except in certain cases. R. S. § 4276, related to the same subject as section 4275. R. S. § 4277, required posting of notices of the contents of Sec- tions 4275, 4276. - Ali these sections were repealed by section 14 of the Passenger Act of Aug. 2, 1882, c. 374 ($ 8913), the Pºº- ceding sections of which act (§§ 7997, 7999-8006, 8011-8014), contain provisions substituted for those of said repealed ... sections of the Revised Statutes. - The provisions of this chapter Were made applicable to vessels making voyages between the Philippine Islands and the United States, by Act July 1, 1902, c. 1369, § 84 (§ 3905). • - § 7997. Accommodations for steerage passen. gers in vessels from foreign ports; number of passengers; measurement of space of decks—It shall not be lawful for the master of any Vessel Where- on steerage passengers have been taken at any port or place in the foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers dur- ing the entire voyage, unobstructed by Cargo, Stores, Or goods. The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of Steerage passen- gers carried or brought in the vessel, or in any Com- partment, space, poop, or deck house thereof, is great- er than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined fifty dollars for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six months. In computing the number of passengers' Carried Or brought in any vessel, children under one year of age shall not be included, and two children between One and eight years of age shall be counted as One pas- senger; and any person brought in such vessel Who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, Or otherwise, shall not be included in such computation. Second. The expression “steerage passenger” means all passengers except Cabin passengers, and persons | Shall not be deemed cabin passengers unless the Space allotted to their exclusive use is in the proportion Of at least thirty-six clear superficial feet to each påS- Senger. Third. The expression “lowest passenger deck” means the deck next below the water line; and the expression “passenger deck” includes every deck Or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers. Fourth. A vessel shall not carry passengers, Wheth- er Cabin or steerage passengers, On more than One deck below the Water line. Fifth. The height between that part of any deck On Which steerage passengers are carried and the º immediately above it shall not be less than six eet. - Sixth. No steerage passengers shall be carried. On the lowest passenger deck unless it is efficiently light- ed by side Scuttles and otherwise to the satisfaction Oi the inspector. - Seventh. No greater number of steerage passen- gers shall be carried on the lowest passenger deck than in the proportion Of One Steerage passenger to every twenty-One clear superficial feet allotted to their use. If, however, the height between the lowest pas- Senger deck and the deck immediately above it is leSS than seven feet, and the apertures, exclusive Of Side Scuttles, through which light and air are admitted are less in size than in the proportion of three square feet to every one hundred Superficial feet of that deck, no greater number of steerage passengers shall be car- ried on that deck than in the proportion of one Steer- age passenger to every thirty clear Superficial feet thereof, subject to the allowance for measurement Of public rooms, lavatories, and bath rooms, if any, pro- vided for by paragraph ten. Eighth. No greater number of steerage passengers may be carried on a passenger deck than in the pro- portion of One steerage passenger to every eighteen clear superficial feet of deck allotted to their use, sub- ject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten. If, however, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage pas- sengers may be carried on that deck than in the pro- portion of One steerage passenger to every twenty-One clear Superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bath. rooms, if any, provided for by paragraph ten. Ninth. A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage pas- sengers On the whole than in the proportion of One steerage passenger to every five Superficial feet of air Or promenade Space provided on a deck so Open as not to be included in the tonnage and approved by the in- spector, and this space shall not be counted Or includ- ed in the area available for any other passengers, Or in other areas for steerage passengers prescribed by this Section. Tenth. In the measurement of the passenger decks and of the lowest passenger deck, the Space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck lo- cated, commodious and suitable dining rooms, loung- ing rooms, Smoking rooms, lavatories, toilet rooms, and bath rooms: Provided, That— (a) The space in any place appropriated to the use of steerage passengers in which they sleep shall not be less than eighteen superficial feet in the case of the lowest passenger deck and fifteen superficial feet in the case of a passenger deck. (b) Each space so included in the measurement must be clearly marked to the satisfaction of the inspector as being exclusively appropriated for the use of the Steerage passengerS. Eleventh. Each separate Compartment in which Ch. 6) 3 8001 (5) REGULATION OF COMMERCE AND NAVIGATION [Page 1255] steerage passengers are berthed shall be conspicuous- ly marked, showing the total area of Such COmpart- ments. (Aug. 2, 1882, c. 374, § 1, 22 Stat. 186, amend- ed, Dec. 19, 1908, c. 6, § 1, 35 Stat. 583.) § 7998. Same; repeal—Section forty-two and SO much of sections forty-three and forty-four of the Act approved February twentieth, nineteen hundred and Seven, entitled “An Act to regulate the immigra- tion of aliens into the United States,” as provides for the repeal Of Section One of the passenger Act of eighteen hundred and eighty-two are hereby repealed. (Dec. 19, 1908, c. 6, § 2, 35 Stat. 584.) § 7999. (1) Berths for passengers—In every Such steamship or other vessel there shall be a suffi- Cient number of berths for the proper accommodation as hereinafter provided, of all such passengers. (2) Number and construction; occupancy— There shall not be On any deck nor in any compart- ment Or space occupied by such passengers more than tWO tiers of berths. The berths shall be properly COnStructed, and be separated from each other by par- titions, as berths ordinarily are separated, and each berth shall be at least two feet in width and six feet in length; and the interval between the floor Or lowest part of the lower tier of berths and the deck beneath them shall not be less than six inches, nor the interVal between each tier Of berths, and the interval between the uppermost tier and the deck above it, less than two feet six inches; and each berth shall be Occupied by not more than One passenger Over eight years of age; but double berths of twice the above-mentioned width may be provided, each double berth to be Occupied by no more and by none Other than two Women, or by One Woman and two children under the age Of eight years, Or by husband and wife, Or by a man and two of his own children under the age Of eight years, Or by two men personally acquaint- ed. With each other. (3) Males; where berthed—All the male passen- gers upwards of fourteen years of age who do not occupy berths with their wives shall be berthod in the fore part of the vessel, in a Compartment divid- ed Off from the Space or spaces appropriated to the Other passengers by a substantial and Well-Secured bulkhead : (4) Unmarried females; where berthed—And unmarried female passengers shall be berthed in a compartment separated from the spaces occupied by Other passengers by a substantial and Well-Construct- ed bulkhead, the opening or Communication from which to an adjoining passenger space shall be SO COnStructed that it can be closed and Secured. (5) Families—Families, however, shall not be sep- arated except with their Consent. (6) Berths to be numbered—Each berth shall be numbered serially, on the outside berthboard, accord- ing to the number Of passengers that may lawfully occupy the berth ; and the berths occupied by such passengers Shall not be removed Or taken down until the expiration of twelve hours from the time of entry, unless previously inspected within a shorter period. (7) Penalties—For any violation of either of the provisions Of this Section the master Of the vessel shall be liable to a fine of five dollars for each pas- senger Carried or brought on the vessel. (Aug. 2, 1882, c. 374, § 2, 22 Stat. 186.) $ 8000. (1) Light and air to passenger decks and compartments—Every such steamship or other vessel shall have adequate provision for affording light and air to the passenger decks and to the com- partments and spaces Occupied by such passengers, and With adequate means and appliances for ventilat- ing the Said Compartments and Spaces. (2) Ventilators—To compartments having suffi- Cient Space for fifty or more of such passengers at least two ventilators, each not less than twelve inches in diameter, shall be provided, one of which ventilat- OrS Shall be inserted in the forward part of the com- partment, and the other in the after part thereof, and shall be SO constructed as to Ventilate the compart- ment; and additional ventilators shall be provid- ed for each Compartment in the proportion of two ventilators for each additional fifty Of Such passen- gers Carried Or brought in the compartment. All ven- tilators shall be carried at least six feet above the uppermost deck Of the vessel, and shall be of the most approved form and Construction. In any steamship the ventilating apparatus provided, or any method of Ventilation adopted thereon, Which has been approv- ed by the proper emigration officers at the port or place from which said vessel was cleared, shall be deemed a COmpliance With the foregoing provisions; (3) Hatchways and companion-ways—Alld in all Vessels Carrying Or bringing Such passengers there shall be properly-COnstructed hatchWays OVer the Compartments Or Spaces OCCupied by Such passengers, which hatchway shall be properly covered with houses or booby hatches, and the combings or sills of which shall rise at least six inches above the deck; and there shall be proper Companion-Ways Or ladders from each hatchWay leading to the COmpartments Or SpaceS occupied by such passengers; and the said Com- panion-ways or ladders shall be securely constitucted, and be provided With hand-rails or strong rope, and, when the weather will permit, such passengers Shall have the use Of each hatchway situated Over the COm- partment Or Spaces appropriated to their use ; (4) Caboose and cooking apparatus—And every vessel Carrying Or bringing such passengers shall have a properly located and constructed Caboose and COOk- ing-range, Or Other COOking-apparatus, the dimensions and capacity of which shall be sufficient to provide for properly Cooking and preparing the food of all such passengerS. (5) Water-closets—In every vessel carrying Or bringing Such passengers there shall be at least two Water-closets or privies, and an additional water- Closet. Or privy for every One hundred male passengers On board, for the exclusive use Of Such male passen- gers, and an additional water-closet or privy for every fifty female passengers On board, for the exclusive use of the female passengers and young children on board. The aforesaid water-closets and privies shall be properly enclosed and located. On each side of the vessel, and Shall be separated from passengers’ Spaces by substantial and properly-constructed partitions or bulkheads; and the water-Closets and privies shall be kept and maintained in a Serviceable and Cleanly con- dition throughout the VOyage. (6) Penalties—For any violation of either of the provisions of this section, or for any neglect to con- form to the requirements thereof, the master Of the vessel shall be liable to a penalty not exceeding two hundred and fifty dollars. (Aug. 2, 1882, c. 374, § 3, 22 Stat. 187.) § 8001. (1) Food—An allowance of good, whole- Some, and proper food, with a reasonable quantity of fresh provisions, which food shall be equal in value to one and a half navy rations of the United States, and of fresh water, not less than four quarts per day, shall be furnished each of such passengers. (2) Number of meals per day—Three meals shall be served daily, at regular and stated hours, of which hours sufficient notice shall be given. (3) Short allowance—If any such passengers shall at any time during the voyage be put on short allow- ance for food and Water, the master of the vessel shall pay to each passenger three dollars for each and every day the passenger may have been put on short allow- ance, except in Case of accidents, where the captain is Obliged to put the passengers On short allowance. (4) Milk for infants—Mothers with infants and young Children Shall be furnished the necessary quan- tity of Wholesome milk or condensed milk for the sus- tenance of the latter. (5) Tables and seats—Tables and seats shall be 3 8001 (6) (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1256.] provided for the use of passengers at regular meals. And for every willful violation of any of the provi- Sions of this section the master of the vessel shall be deemed guilty Of a misdemeanor and shall be fined not more than five hundred dollars, and be imprison- ed for a term not exceeding six months. (6) Penalties—The enforcement of this penalty, however, shall not affect the civil responsibility of the master and Owners Of the vessel to such passen- gers as may have suffered from any negligence, breach of COntract, Or default On the part of such master and owners. (Aug. 2, 1882, c. 374, § 4, 22 Stat. 188.) § 8002. Hospitals, surgeon, and medicine—In every such steamship Or other vessel there shall be properly built and secured, or divided off from other Spaces, two Compartments or Spaces to be used exclu- sively as hospitals for Such passengers, One for men and the Other for WOmen. The hospitals shall be locat- ed in a Space not below the deck next below the main deck of the vessel. The hospital spaces shall in no Case be less than in the proportion of eighteen clear superficial feet for every fifty such passengers who are carried or brought on the vessel, and such hospi- tāls shall be supplied with proper beds, bedding, and utensils, and be lºept SO Supplied throughout the VOy- age. And, every Steamship or other vessel carrying Or bringing emigrant passengers, or passengers other than Cabin passengers, exceeding fifty in number, shall Carry a duly qualified and competent surgeon or med- iCal practitioner, who shall be rated as such in the ship’s articles, and who shall be provided with Surgi- cal instruments, medical comforts, and medicines prop- er and necessary for diseases and accidents incident to Sea-VOyages, and for the proper medical treatment of such passengers during the voyage, and with such articles of food and nourishment as may be proper and necessary for preserving the health of infants and young children; and the services of such surgeon or medical practitioner shall be promptly given, in any Case of sickness or disease, to any of the passengers, or to any infant or young child of any such pas- Sengers, who may need his services. For a violation Of either of the provisions of this section the master of the vessel shall be liable to a penalty not exceed- ing two hundred and fifty dollars. (Aug. 2, 1882, c. 374, § 5, 22 Stat. 188.) § 8003. Discipline and cleanliness; exercise of passengers—The master Of every such steamship or other vessel is authorized to maintain good disci- pline and Such habits Of Cleanliness among such pas- sengers as Will tend to the preservation and promo- tion of health, and to that end he shall cause such regulations as he may adopt for such purpose to be posted up on board the vessel, in a place or places ac- Cessible to Such passengers, and shall keep the same SO posted up during the VOyage. The said master shall Cause the COmpartments and Spaces provided for, Or Occupied by, such passengers to be kept at all times in a clean and healthy condition, and to be, as often as may be necessary, disinfected with Chloride of lime, or by some other equally efficient disinfectant. When- ever the state of the weather will permit, such passen- gers and their bedding shall be mustered on deck, and a clear and sufficient space on the main or any upper deck of the vessel shall be set apart, and so kept, for the use and exercise of such passengers during the Voyage. For each neglect or violation of any of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding two hundred #. fifty dollars. (Aug. 2, 1882, c. 374, § 6, 22 Stat. 8.) § 8004. Visiting parts of vessel occupied by passengers–Neither the officers, seamen, nor other persons employed on any such steamship or other ves- sel shall visit or frequent any part of the vessel provid- ed. Or aSSigned to the use of such passengers, except by the direction or permission of the master of Such ves- sel first made or given for such purpose; and every officer, Seaman, Or other person employed on board of Such vessel who shall violate the provisions of this Section shall be deemed guilty of a misdemeanor, and may be fined not exceeding one hundred dollars, and be imprisoned not exceeding twenty days, for each Violation ; and the master Qf such vessel who directs Or permits any officer, sealman, or other person em- ployed On board the vessel to visit or frequent any part of the vessel provided for or assigned to the use Of Such passengers, or the compartments or spaces OCCupied by Such passengers, except for the purpose Of doing or performing some necessary act or duty as an Officer, seaman, or other person employed on board Of the vessel, shall be deemed guilty of a misdemeanor, and may be fined not more than one hundred dollars for each time he directs or permits the provisions of this Section to be violated. A copy of this section, Written or printed in the language or principal lan- guages of the passengers on board, shall, by or under the direction of the master of the vessel, be posted in a Conspicuous place on the forecastle and in the sever- al parts of the vessel provided and assigned for the use Of Such passengers, and in each compartment or Space Occupied by such passengers, and the same shall be kept SO posted during the voyage; and if the said master neglects so to do, he shall be deemed guilty Of a misdemeanor, and shall be fined not more than j hundred dollars. (Aug. 2, 1882, c. 374, § 7, 22 Stat. $ 8005. Carrying explosives or other danger- ous articles; animals; penalties—It shall not be lawful to take, carry, or have on board of any such Steamship or other vessel any nitro-glycerine, dyna- mite, Or any other explosive article or compound, nor any Vitriol or like acids, nor gunpowder, except for the Ship's use, nor any article or number of articles, Whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, Shall, either singly or collectively, be likely to endan- ger the health or lives of the passengers or the safety Of the vessel, and horses, cattle, or other animals tak- en On board Of Or brought in any such vessel shall not be carried on any deck below the deck on which pas- Sengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compart- Iment eXCept in a Vessel built Of iron and Of which the compartments are divided off by water-tight bulkheads extending to the upper deck. For every violation of any of the provisions Of this section the master of the Vessel shall be deemed guilty of a misdemeanor, and Shall be fined not exceeding One thousand dollars, and be imprisoned for a period not exceeding one year. (Aug. 2, 1882, c. 374, § 8, 22 Stat. 189.) § 8006. (1) Boarding vessel on arrival—It shall not be lawful for the master of any such steamship Or other Vessel, not in distress, after the arrival of the Vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health Officer, agents Of the vessel, and consuls, to come On board Of the Vessel, or to leave the vessel, until the vessel has been taken in charge by an Officer of the customs, nor, after. Charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel; (2) Delivery of passenger lists on arrival; con- tents—And on the arrival of any such steamship or Other vessel within any collection district of the Unit- ed States, the master thereof shall deliver to the Of-. ficer of customs who first comes on board the vessel and makes demand therefor a correct list, signed by the master, of all the passengers taken on board the Vessel at any foreign port or place, specifying sepa- rately the names of the cabin passengers, their age, Sex, Calling, and the Country of which they are Citi- Zens, and the number of pieces Of baggage belonging to each passenger, and also the name, age, Sex, calling and native Country of each emigrant passenger, or passengers other than cabin passengers, and their intended destination, or location, and the number of Ch. 6) 3. 8014 REGULATION OF COMMERCE AND NAVIGATION [Page 1257] pieces of baggage belonging to each passenger, and also the location of the compartment Or Space Occu- pied by each of such passengers during the voyage; and if any of such passengers died on the Voyage, the said list shall specify the name, age, and Cause of death of each deceased passenger; and a duplicate of the aforesaid list of passengers, verified by the Oath of the master, shall, with the manifest of the Cargo, be delivered by the master to the CollectOr Of CuS- toms On the entry Of the Vessel. (3) Penalties—For a violation of either of the provisions of this section, or for permitting or neg- lecting to prevent a violation thereof, the master of the vessel shall be liable to a fine not exceeding One thousand dollars. (Aug. 2, 1882, c. 374, § 9, 22 Stat. 189.) See § 8387. § 8007. Boarding arriving vessels before in- spection; regulations—The Secretary Of the Treas- ury is hereby authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the Seaports of the United States, before such vessels have been prop- erly inspected and placed in security, and for that purpose to employ any of the officers of that Depart- ment. (March 31, 1900, c. 120, § 1, 31 Stat. 58.) § 8008. Penalty for violation of regulations— Each—person—violating such—regulations shall be -sub- ject to a penalty of not more than one hundred dol- lars Or imprisonment not to exceed six months, Or both, in the discretion of the court. (March 31, 1900, c. 120, § 2, 31 Stat. 58.) § 8009. Act supplementary to other provisions —This Act shall be COnstrued as Supplementary to Section nine of Chapter three hundred and Seventy- four Of the Statutes Of eighteen hundred and eighty- tWO, and Section forty-six hundred and six of the Re- vised Statutes. (March 31, 1900, c. 120, § 3, 31 Stat. 58.) § 8010. List of passengers submitted for in- spection to customs officer and delivered with manifest on entry of vessel—In lieu of the list in duplicate of passengers now prescribed by section nine Of the Act approved August second, eighteen hun- dred and eighty-two, entitled “An Act to regulate the Carriage of passengers by sea,” the master shall sub- mit for inspection to the officer of customs who first makes demand therefor, and shall subsequently deliv- er with his manifest of cargo on entry, a correct list, signed and verified on oath by the master, of all paSSengers taken. On board the vessel at any foreign port Or place, Specifying, in the manner to be pre- scribed from time to time by the Secretary of Com- merce and Labor, the name of each passenger, age (if a child of eight years or under), sex, married or single, location of Compartment or space occupied during the Voyage (if the passenger be other than a Cabin passenger), Whether a citizen of the United States, number of pieces of baggage, and if any pas- senger die On the VOyage the list shall Specify the name, age, and Cause of death of each deceased pas- senger. (Feb. 9, 1905, c. 564, § 1, 33 Stat. 711.) See § 8006. § 8011. Death of passengers; payment to col- lector for—In case there shall have occurred on board any such steamship or other vessel any death among Such passengers during the VOyage, the maS- ter or consignees of the vessel shall, within forty- eight hours after the arrival of the Vessel Within a collection district of the United States, or within twenty-four hours after the entry of the vessel, pay to the Collector of customs Of Such district the Sumº Of ten dollars for each and every Such passenger above the age of eight years who shall have died On the voyage by natural disease; and the master Or consignees of any vessel who neglect or refuse to pay such Collector, within the times hereinbefore de- scribed, the sums of money aforesaid, shall be liable to a penalty of fifty dollars in addition to the Sum required to be paid as aforesaid for each passenger whose death occurred on the voyage. All Sums of money paid to any collector under the provisions of this section shall be by him paid into the Treasury of the United States in such manner and under Such regulations as shall be prescribed by the Secretary of the Treasury. (Aug. 2, 1882, c. 374, § 10, 22 Stat. 190.) § 8012. Inspection and examination of ves- sels; reports—The collector of customs of the Col- lection district within which, or the Surveyor of the port at which, any such steamship or other vessel arrives, shall direct an inspector or other officer of the Customs to make an examination of the vessel, and to admeasure the Compartments Or Spaces OC- Cupied by the emigrant passengers, or passengers Other than cabin passengers, during the Voyage; and Such measurement shall be made in the manner pro- Vided by law for admeasuring vessels for tonnage; and to Compare the number of such passengers found On board. With the list of such passengers furnished by the master to the Customs Officer; and the said inspector or other officer shall make a report to the aforesaid collector or Surveyor, stating the port of Cleparture, the time of sailing, the length of the voy- age, the Ventilation, the number of such passengers On board the vessel, and their native country, respec- tively; the Cubic quantity of each compartment or Space, and the number of berths and passengers in each Space, the kind and quality of the food furnished to Such passengers on the voyage; the number of deaths, and the age and sex of those who died during the Voyage, and of what disease; and in case there WaS any unusual sickness or mortality during the Voyage, to report whether the same was caused by any neglect Or violation of the provisions of this act, Or by the Want of proper care against disease by the master or owners of the vessel; and the said reports shall be forwarded to the Secretary of the Treasury at Such times and in such manner as he shall direct. (Aug. 2, 1882, c. 374, § 11, 22 Stat. 190.) $ 8013. Vessels carrying passengers from United States to foreign countries; withholding clearance papers—The provisions of this act shall apply to every steamship or other vessel whereon emi- grant passengers, or passengers other than cabin pas- Sengers, are taken on board at a port or place in the United States for conveyance to any port or place in a foreign Country except foreign territory contiguous to the United States, and shall also apply to any ves- Sel Whereon Such passengers are taken on board at any port Or place of the United States on the Atlan- tic Ocean or its tributaries for conveyance to a port or place on the Pacific Ocean or its tributaries, or Vice Versa; and whether the voyage of said vessel is to be continuous from port to port or such passengers are to be conveyed from port to port in part by the Way Of any Overland route through Mexico or Cen- tral America ; and the said collector of customs may direct an examination of the vessel to be made by ar; inspector or other officer of the customs, who shali make the examination and report whether the pro- visions of this act have been Complied with in re- spect to such vessel, and the said collector is author- ized to withhold the Clearance Of Such vessel until the coming in of Such report; and if the said report shall show that any of the provisions of this act have not been complied With, the Collector is authorized and directed to Withhold the clearance of such ves- Sel until the said proVisions are COmplied With ; and if any such vessel leaves the aforesaid port or place without having been duly cleared by the collector of customs, the master shall be deemed guilty of a mis- demeanor, and may be fined not exceeding one thou- Sand dollars, and be imprisoned not exceeding one year, and the vessel shall be liable to seizure and for- feiture. (Aug. 2, 1882, c. 374, § 12, 22 Stat. 191.) § 8014. Fines and penalties; lien on vessel; recovery—The amount of the Several fines and pen- ź 8015 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION IPage 1258] alties imposed by any section of this act upon the master Of any steamship or other vessel carrying or bringing emigrant passengers, or passengers other than Cabin passengers, for any violation of the pro- Visions of this act, shall be liens upon Such vessel, and Such vessel may be libeled therefor in any circuit Or district Court of the United States where such vessel shall arrive or depart. (Aug. 2, 1882, c. 374, § 13, 22 Stat. 191.) $ 8015. Time of taking effect of act; repeal; citation of act—This act shall come into operation and take effect ninety days after the passage of this act; and Sections forty-two hundred and fifty-two to forty-two hundred and seventy-seven, inclusive, of the Revised Statutes of the United States are, from and after said date, repealed ; and this act may be cited for all purposes as “The passenger act, eighteen hun- dred and eighty-two.” (Aug. 2, 1882, c. 374, § 14, 22 Stat. 191.) $ 8016. Transportation of nitro-glycerine–It Shall not be lawful to transport, carry, or convey, ship, deliver On board, or cause to be delivered on board, the Substance or article known or designated as nitro- glycerine, or gly noin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber Saturated with any such article or substance, Upon Or in any vessel or vehicle used or employed in transporting passengers by land or water between a place in any foreign country and a place within the limits of any State, Territory, or district of the Unit- ed States, or between a place in one State, Territory, Or district of the United States, and a place in any other State, Territory, or district ºthereof. (R. S. § 4278.) See §§ 8005, 10402, 10406. § 8017. Same; packing and marking—It shall not be lawful to ship, send, or forward any quantity Of the Substances. Or articles named in the preceding Section, Or to transport, Convey, or carry the same by a vessel or Vehicle of any description, upon land Or Water, between a place in a foreign Country and a place Within the United States, or between a place in One State, Territory, or district of the United States, and a place in any other State, Territory, or district thereof, unless the same shall be securely in- Closed, deposited, or packed in a metallic vessel Sur- rounded by plaster of Paris, or other material that Will be non-explosive when Saturated with Such Oil Or Substance, and separate from all. Other substances, and the Outside of the package containing the same be marked, printed, Or labeled in a conspicuous man- ner with the words “Nitro-glycerine, dangerous.” (R. S. § 4279.) § 8018. Same; regulation by States—The two preceding sections shall not be so construed as to pre- vent any State, Territory, district, city, or town with- in the United States from regulating Or from pro- hibiting the traffic in or transportation of those sub- stances, between persons Or places lying Or being within their respective territorial limits, or from pro- hibiting the introduction thereof into such limits, for sale, use, or consumption therein. (R. S. § 4280.) § 8019. Liability of masters as carriers—If any shipper of platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured Or unmanufactured state, watches, clocks, Or time-pieces of any description, trinkets, orders, notes, or Secu- rities for payment of money, stamps, maps, Writings, title-deeds, printings, engravings, pictures, gold or sil- ver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other ma- . terial, furs, or lace, or any of them, contained in any parcel, or package, or trunk, Shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, Clerk, agent, or owner of such vessel receiving the same a Written notice of the true character and value thereof, and having the same entered on the bill of lading there- for, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner; nor Shall any such master Or Owner be liable for any Such goods beyond the value and according to the Character thereof so notified and entered. (R. S. § 4281.) - See §§ 8029–8034. $ 8020. Loss by fire—No owner of any vessel Shall be liable to answer for or make good to any person any loss or damage, which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the . Vessel, unless such fire is Caused by the design or neglect of such owner. (R. S. § 4282.) See § 8027. § 8021. Liability of owner not to exceed in- terest—The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any per- SOn, Of any property, goods, or merchandise, shipped Or put On board of such vessel, or for any loss, dam- age, Or injury by Collision, or for any act, matter, or thing, lost, damage, Or forfeiture, done, occasioned, or incurred without the privity, Or knowledge of such Owner or OWners, shall in no Case exceed the amount Or Value Of the interest of such Owner in such vessel, and her freight then pending. (R. S. § 4283.) See § 8028. $ 8022. Apportionment of compensation- Whenever any such embezzlement, loss, Or destruc- tion is suffered by several freighters or owners of goods, wares, merchandise, or any property whatever, On the same. Voyage, and the whole value of the Ves- sel, and her freight for the voyage, is not sufficient to make compensation to each of them, they shall receive compensation from the Owner of the vessel in proportion to their respective losses; and for that purpose the freighters and owners of the property, and the owner of the vessel, or any of them, may take the appropriate proceedings in any Court, for the purpose of apportioning the sum for which the Owner of the vessel may be liable among the parties entitled thereto. (R. S. § 4284, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) § 8023. Transfer of interest of owner to trus- tee—It shall be deemed a sufficient Compliance on the part of such owner with the requirements of this Title relating to his liability for any embezzlement, loss, or destruction of any property, goods, Or mer- chandise, if he shall transfer his interest in Such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any Court of Compe- tent jurisdiction, to act as such trustee for the per- son who may prove to be legally entitled theretO; from and after which transfer all claims and pro- ceedings against the owner shall cease. (R. S. § 4285.) § 8024. When charterer is deemed owner—The CHarterer of any vessel, in Case he shall man, Victual, and navigate such vessel at his OWn expense, or by his own procurement, shall be deemed the owner of Such vessel within the meaning of the provisions of this Title relating to the limitation of the liability of the Owners of vessels; and Such Vessel, When SO chartered, shall be liable in the same manner as if navigated by the owner thereof. (R. S. § 4286.) § 8025. Remedies reserved—Nothing in the five preceding sections shall be construed to take away or affect the remedy to which any party may be en- titled, against the master, officers, or seamen, for Or on 'account of any embezzlement, injury, loss, Or de- struction of merchandise, or property, put On board any vessel, or on account of any negligence, fraud, or other malversation of such master, Officers, Or Sea- men, respectively, nor to lessen or take away any responsibility to which any master or seaman of any vessel may by law be liable, notwithstanding such Ch. 7) & 8036 REGULATION OF COMMERCE AND NAVIGATION {Page 1259] master or seaman may be an owner or part OWner of the vessel. (R. S. § 4287.) § 8026. Shipping inflammable materials—Any person shipping oil of vitriol, unslaked lime, inflam- mable matches, Or gunpowder, in a vessel taking Cargo for divers persons on freight, without delivering, at the time Of Shipment, a note in writing, expressing the nature and character of such merchandise, to the master, mate, officer, or person in charge of the lading Of the Vessel, shall be liable to the United States in a penalty of One thousand dollars. But this Sec- tion shall not apply to any vessel of any description whatsoever used in rivers or inland navigation. (R. S. § 4288.) $ 8027. Limitation of liability of owners ap- plied to all vessels—The provisions of the seven pre- ceding sections, and of section eighteen of an act entitled “An act to remove Certain burdens On the American merchant marine and encourage the Ameri- can foreign carrying-trade, and for other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of the liabil- ity of the owners of vessels, shall apply to all sea going Vessels, and also to all vessels used on lakes Or rivers Or in inland navigation, including canal- boats, barges, and lighters. (R. S. § 4289, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320, and June–19, 1886, c. 421, § 4, 24 Stat. 80.) See §§ 8020-8026. § 8028. Liability of owners of vessels for debts limited—The individual liability of a ship-OWn- er, shall be limited to the proportion. Of any Or all debts and liabilities that his individual share of the vessel bears to the whole; and the aggregate liabil- ities of all the OWners of a vessel On account of the same Shall not exceed the Value Of Such vessels and freight pending: Provided, That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the Owners in One action; nor shall the same apply to Wages due to persons employed by said ship-owners. (June 26, 1884, c. 121, § 18, 23 Stat. 57.) See §§ 8029–8035. § 8029. Clauses in bills of lading relieving from liability for negligence—It shall not be lawful for the manager, agent, master, or Owner of any Vessel transporting merchandise or property from Or be- Lween ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss Or damage arising from negligence, fault, or failure in proper loading, stowage, custody, Care, or proper de- livery of any and all lawful merchandise or property Committed to its or their charge. Any and all WOrds or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect. (Feb. 13, 1893, c. 105, § 1, 27 Stat. 445.) See §§ 8019-8028, 8035. § 8030. Causes in bills of lading relieving from exercise of due diligence in equipping ves- sels—It shall not be lawful for any vessel transport- ing merchandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent, or manager, to insert in any bill of lading or shipping document any COVenant Or agreement whereby the obligations of the owner or owners of said vesse] to exercise due diligence prop- erly equip, man, provision, and Outfit said vessel, and to make said vessel seaworthy and capable of per- forming her intended voyage, or whereby the obliga- tions of the master, Officers, agents, Or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be les- sened, weakened, or avoided. (Feb. 13, 1893, c. 105, § 2, 27 Stat. 445.) $ 8031. Limitation of liability for errors of navigation, dangers of the sea and acts of God— If the Owner of any vessel transporting merchandise Or property to or from any port in the United States Of America shall exercise due diligence to make the Said Vessel in all respects seaworthy and properly Imanned, equipped, and supplied, neither the vessel, her OWner Or OWImers, agent, or charterers, shall become Or be held responsible for damage or loss resulting from faults Or errors in navigation or in the man- agement of said vessel nor shall the vessel, her own- er Or Owners, Charterers, agent, or master be held liable for losses arising from dangers of the sea or Other navigable waters, acts of God, or public enemies, Or the inherent defect, quality, or vice of the thing Carried, Or from insufficiency of package, or seizure under legal process, or for loss resulting from any act Or Omission of the shipper or owner of the goods, his agent or representative, or from saving or at- tempting to save life or property at sea, or from any deviation in rendering such service. (Feb. 13, 1893, c. 105, § 3, 27 Stat. 445.) $ 8032. Bills of lading to be issued; contents —It shall be the duty of the owner or owners, mas- ters, Or agent of any vessel transporting merchandise Or property from Or between ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping docu- ment, Stating, almong other things, the marks neces- Sary for identification, number of packages, or quan- tity, stating whether it be carrier’s or shipper's Weight, and apparent Order or condition of such mer- Chandise or property delivered to and received by the OWner, master, Or agent of the vessel for transporta- tion, and such document shall be prima facie evidence Of the receipt Of the merchandise therein described. (Feb. 13, 1893, c. 105, § 4, 27 Stat. 445.) $ 8033. Penalty for violations of act; lien; recovery—For a violation of any of the provisions of this act the agent, owner, or master of the vessel guilty of Such violation, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dol- lars. The amount of the fine and costs for such vio- lation Shall be a lien upon the vessel, whose agent, OWner, Or master is guilty of such violation, and such vessel may be libeled therefor in any district court of the United States, within whose jurisdiction the vessel may be found. One-half of such penalty shall go to the party injured by such violation and the remainder to the Government of the United States. (Feb. 13, 1893, c. 105, § 5, 27 Stat. 446.) § 8034. Existing laws not repealed—This act Shall not be held to modify or repeal sections forty- tWO hundred and eighty-One, forty-two hundred and eighty-two, and forty-two hundred and eighty-three of the Revised Statutes of the United States, or any other statute defining the liability of vessels, their owners, or representatives. (Feb. 13, 1893, c. 105, § 6, 27 Stat. 446.) See §§ 8019–8021. $ 8035. Certain provisions of act not to ap- ply to transportation of live animals—Sections one and four Of this act shall not apply to the trans- portation of live animals. (Feb. 13, 1893, c. 105, § 7. 27 Stat. 446.) See §§ 8029, 8032. Chapter Seven—Log-Books Entries in. Mode of making entries. 8038. Penalty for Crmitting entries. § 8036. Entries in—Every vessel making. Voyages from a port in the United States to any foreign port, or, being of the burden of seventy-five tons or up- ward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall have an official log-book; Sec. 8036. 8037. & 8036 (Tit. 48 REGULATION OF COMMERCE AND NAVIGATION [Page 1260] and every master of such vessel shall make, Or Cause to be made therein, entries of the following matters, that is to say: First. Every legal conviction of any member of his crew, and the punishment inflicted. Second. Every offense committed by any member Of his crew for which it is intended to prosecute, or to enforce a forfeiture, together with such statement concerning the reading over such entry, and concern- ing the reply, if any, made to the charge, as is requir- ed by the provisions of section forty-five hundred and ninety-Seven. * Third. Every offense for which punishment is in- flicted on board, and the punishment inflicted. Fourth. A statement Of the Conduct, Character, and qualifications of each of his crew ; or a statement that he declines to give an Opinion Of Such particu- larS. Fifth. Every case of illness or injury happening to any member of the Crew, with the nature thereof, and the medical treatment. Sixth. Every case of death happening on board, With the Cause thereof. Seventh. Every birth happening On board, with the sex of the infant, and the names Of the parents. Eighth. Every marriage taking place On board, with the names and ages of the parties. Ninth. The name Of every seaman Or apprentice Who Ceases to be a member Of the Crew. Otherwise than by death, with the place, time, manner, and Cause thereof. Tenth. The wages due to any Seaman Or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom. Eleventh. The sale Of the effects of any Seaman Or apprentice who dies during the voyage, including a statement of each article sold, and the sum received for it. Twelfth. In every case of collision in which it is practicable so to do, the master shall, immediately after the Occurrence, Cause a Statement thereof, and Of the Circumstances under which the same Occur- red, to be entered in the Official log book. Such en- try shall be made in the manner prescribed in section forty-two hundred and ninety-one and failure to make SUICh entry shall subject the Offender to the penalties prescribed by section forty-two hundred and ninety-two. (R. S. § 4290, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, and Feb. 14, 1900, c. 19, § 1, 31 Stat. 29.) See §§ 3905, 8381. § 8037. Mode of making entries—Every entry hereby required to be made in the official log-book shall be signed by the master and by the mate, or Some other One of the Crew, and every entry in the Official log-book Shall be made as SOOn as possible aft- er the Occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, Shall be made and dated SO as to show the date of the Occurrence, and of the entry respecting it ; and in no case shall any entry therein, in respect of any occurrence happening previously to the arrival of the vessel at her final port, be made more than twenty- four hours after such arrival. (R. S. § 4291.) § 8038. Penalty for omitting entries--If in any Case the Official log-book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such log-book is not made at the time and in the manner hereby directed, the master shall, for each such offense, be liable to a penalty of not more than twenty-five dollars ; and every person who makes, or procures to be made, or assists in making, any entry in any official log-book in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge, more than twen- ty-four hours after such arrival, shall, for each of fense, be liable to a penalty Of not more than One hundred and fifty dollars. (R. S. § 4292.) Chapter Eight—Regulations for the Sec. Suppression of Piracy 8039. Public vessels to suppress piracy. 8040. Seizure of piratical vessels. 8041. Merchant-vessels may resist pirates. 8042. Condemnation of piratical vessels. 8043. Seizure of Vessels fitted out for piracy, 8044. Vessels authorized to seize pirates. 8045. Duties of officers of customs and marshals. § 8039. Public vessels to suppress piracy—The President is authorized to employ so many of the public armed vessels as in his judgment the Service may require, with suitable instructions to the COm- manders thereof, in protecting the merchant-VeSSels of the United States and their crews from piratical aggressions and depredations. (R. S. § 4293.) § 8040. Seizure of piratical vessels—The Presi- dent is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any VeSSel Or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical ag- gression, search, restraint, depredation, Or Seizure, upon any vessel of the United States, or of the Citi- zens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. (R. S. § 4294.) § 8041. Merchant-vessels may resist pirates —The commander and crew of any merchant-VeSSel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or Seiz- ure, which shall be attempted upon such Vessel, Or upon any other vessel so owned, by the Commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity With the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or Crew of any such armed vessel, and send the Same into any port of the United States. (R. S. § 4295.) § 8042. Condemnation of piratical vessels- Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the Commission Of any piratical aggression, search, restraint, depreda- tion, or seizure, or in the commission of any other act of piracy as defined by the law of nations, Or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempt- ed or made, is captured and brought into Or Captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any COurt having admiralty jurisdiction, and which shall be holden for the district into which Such Captured ves- Sel Shall be brought ; and the same Court shall there- upon order a sale and distribution thereof according- . ly, and at its discretion. (R. S. § 4296.) § 8043. Seizure of vessels fitted out for piracy —Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, re- straint, depredation, or seizure, or in the Commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port Or place within the United States, whether the same shall have actually sailed upon any piratical expedi- tion or not, and whether any act Of piracy shall have been committed Or attempted upon Or from Such VeS- sel or not ; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States , and to that of the captors, and if seized by a collector, Ch. 9) 3. 8051 REGULATION OF COMMERCE AND NAVIGATION IPage 12611 Surveyor, or marshal, then to the use of the United States. (R. S. § 4297.) § 8044. Vessels authorized to seize pirates— The President is authorized to instruct the Comman- ders of the public armed vessels of the United States, and to authorize the commanders of any other armed vessels Sailing under the authority of any letters Of marque and reprisal granted by Congress, or the COmmanders Of any other suitable vessels, to Subdue, Seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in the preceding section. (R. S. § 4298.) $ 8045. Duties of officers of customs and mar- shals—The collectors of the several ports of entry, the Surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted Out, or held as mentioned in Section forty-two hundred and ninety-seven, which may be found within their respective ports or districts, and to Cause the Same to be proceeded against and disposed of as provided by that section. (R. S. § 4299.) See §§ 10463-10483. Chapter Nine—Summary Trials for Certain Offenses Against Naviga- - tion Laws Sec. 8046. When had. 8047. Complaint and answer. 8048. Amendments and adjournments. 8049. Challenges to jurors. 8050. Limit of sentences. 8051. Recovery of penalties and forfeitures. § 8046. When had—Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of per- sons or property engaged in Commerce or navigation, it shall be the duty of the district attorney to investi- gate the same, and the general nature thereof, and if, in his opinion, the case is such as should be sum- marily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if nec- essary, hold a special session of the court, either in term-time or vacation. (R. S. § 4300.) Soo $ 10097. § 8047. Complaint and answer—At the Sum- mary trial of offenses against the laws for the pro- tection of persons or property engaged in Commerce Or navigation, it shall not be necessary that the ac- Cused shall have been previously indicted, but a State- ment of complaint, verified by oath in Writing, Shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the Character of the offense complained of, and to enable him to answer the complaint. The complaint or state- ment shall be read to the accused, who may plead to Or answer the same, or make a Counter-Statement. The trial shall thereupon be proceeded with in a Summary manner, and the case Shall be decided by the court, unless, at the time for pleading or answer- ing, the accused Shall demand a jury, in which Case the trial shall be upon the complaint and plea of not guilty. (R. S. § 4301.) § 8048. Amendments and adjournments—It Shall be lawful for the Court to allow the district attorney to amend his statement Of Complaint at any stage Of the proceedings, before Verdict, if, in the Opinion of the court, such amendment will work no injustice to the accused ; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjourn- ment shall be made, until a further day, to be fixed by the court. (R. S. § 4302.) § 8049. Challenges to jurors—At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremp- tory challenges. Challenges for cause, in such Cases, shall be tried by the court without the aid of triers. (R. S. § 4303.) See § 1264. § 8050. Limit of sentences—It shall not be law- ful for the court to sentence any person convicted in such trial to any greater punishment than imprison- ment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those Cases where the laws Of the United States authorize Such imprisonment and fine. (R. S. § 4304.) § 8051. Recovery of penalties and forfeitures —All the penalties and forfeitures which may be incurred for Offenses against this Title may be sued for, prosecuted, and recovered in such Court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for Offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. (R. S. § 4305.) TITLE XLIX—REGULATION OF VESSELS IN FOREIGN COMMERCE Sec. 8052. Passports of United States vessels on departure to for- eign country. 8053. Penalty for departing without passport. 8054. Passports of unregistered vessels. 8055. Deposit of ship’s papers with consul. 8056. Same; penalty for failure. § 8052. Passports of United States vessels on departure to foreign country—Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collec- tor for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to Such passport, the master of every such vessel shall be bound, with sufficient sureties, to the Treasurer Of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the One described in it; and that, in case of the loSS or sale of any vessel having such passport, the same shall, within three months, be delivered up to the Collector from whom it was received, if the loss or sale take place within the United States; Or Within Six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within ºn months, if at a more distant place. (R. S. § 6.) § 8053. Penalty for departing without pass- port—If any vessel of the United States shall depart therefrom, and shall be bound to any foreign country, Other than to some port in America, without such paSSport, the master Of Such vessel shall be liable to a penalty Of two hundred dollars for every Such Of- fense. (R. S. § 4307.) $ 8054. Passports of unregistered vessels- IEvery unregistered vessel owned by a citizen. Of the |United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United Statesy at the request of the master, be furnished by the collector of the district Where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescrib- ed for vessels Of the United States. (R. S. § 4308.) § 8055. Deposit of ship's papers with consul —Every master of a vessel, belonging to Citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sea-letter, and mediterranean passport with the Consul, Vice-Consul, [COmmercial agent, or Vice-Commercial agent, if any there be at such port; and it shall be the duty of Such consul, Vice-consul, [commercial agent, or vice-Commercial agent, on such master or commander producing to him a clearance from the proper Officer of the port where his vessel may be, to deliver to the master all Of his papers, if Such master Or Commander has complied with the provisions of law relating to the discharge of Seamen in a foreign Country, and to the payment of the fees of consular Officers. (R. S. § 4309.) Text in brackets superseded by § 3140. And see §§ 3175, 3176. § 8056. Same; penalty for failure—Every mas- ter of any Such vessel who refuses or neglects to de- posit the papers as required by the preceding Sec- tion, shall be liable to a penalty of five hundred dol- lars, to be recovered by such Consul, Vice-consul, [COm- mercial agent, or vice-commercial agent, I in his Own name, for the benefit of the United States, in any court of competent jurisdiction. (R. S. § 4310.) Text in brackets Superseded by § 3140. TITLE L–REGULATION OF VESSELS IN DOMESTIC COMMERCE Sec. 8057. What are vessels of United States. 8058. What vessels may be enrolled. 8059. Enrollment of vessels owned by corporations. 8060. Oath º: president of corporation or managing owner or agent. 8061. Death of president of corporation. 8062. Enrollment of steamboats owned by aliens. 8063. Bond by alien owner. 8064. Enrollment of vessels on frontiers. 8065. Form of enrollment. 8066. Consolidation of forms of enrollment and of license. 8067. Compensation of customs Officers for enrollment and license not affected. 8068. License; oath not to defraud revenue. 8069. Same; form. 8070. Exchange of enrollment and registry. 8071. Same; when vessel is in another district. 8072. Expiration of license. 8073. Renewal of license; surrender in certain cases. 8074. Loss of license. 8075. Renewal of license. 8076. Same; when vessel is in another district. * 8077. Fenewal of enrollment and license when vessel is in an- other district; application to all United States vessels. 8078. Renewal. On Sale of vessel. 8079. Oath as to payment for repairs. 8080. Measurement of Vessels less than twenty tons. 8081. Signatures to enrollment or license. 8082. Record of licenses. 8083. Name and port to be painted on stern. 8084. Change of master. 8085. Inspection. 8086. Penalty for unlawfully proceeding on foreign voyage. 8087. Certificate for vessel proceeding on foreign voyage. 8088. Papers for vessels in whale-fishery. 8089. Enrollments; at Jersey City. 8090. Same; at Camden. 8091. Same; at Wilmington, N. C. 8092. Same; at Chesapeake City, Md. 8093. Surveyors may enroll Vessels. 8094. Same; surveyors at Cold Spring, Greenport, and Port Jefferson. 8095. Same; fees. [Page 1262I Sec. 8095a. Numbering certain undocumented vessels. 8095b. Same; award and record of numbers. 8095c. Same; notice of destruction or change of ownership of VeSSels. 8095d. Same; penalty for violations of act. 8095e. Same; regulations for enforcement of act. 8095f. Same; time of taking effect of act. 8096. Transportation of passengers in foreign vessels. 8097. Transportation of merchandise in foreign vessels. 8098. Transshipment of imported merchandise intended for immediate exportation. 8099. Dredging by foreign-built dredges. 8100. Establishment of great districts. 8101. Manifests and permits for vessels trading between neighboring districts. 8102. Same; penalty for proceeding Without. 8103. Delivery of manifest before unlading. 8104. Same; penalty for not delivering. 8105. Manifests and permits for vessels trading between re- mote districts. 8106. Same; penalty for proceeding without. 8107. Delivery of manifest before unlading. 8108. Same; penalty for not delivering. 8109. Exemption from requirements as to permits to proceed and unlade. 8110. Trade between Long Island and Rhode Island. 8111. Trade between Alaska, and other districts. 8112. Fººtion from requirements as to manifests and per- Iſlit.S. 8113. Penalties for not exhibiting manifest. 8114. Registered vessels. 8115. Permit for transportation inland. 81:16. Penalty for failure to report arrival of merchandise transported inland. 8117. Permit to touch at foreign port. 8118. Same; penalty for touching at port without permission. 8119. Report of arrival at port other than that of destination. 8120. Foreign vessels bound coastwise. 8121. Same; delivery of rnanifest. 8122. Same; penalty against vessels trading coastwise. 8123. Penalty on foreign tug-boats towing vessels between TJnited States ports. 8124. Trading without license; penalty. Tit. 50) # 8066 REGULATION OF WESSEIS IN DOMESTIC COMMERCE IPage 1263.I Same; fines; repeal. Remission or mitigation of fines. Expiration of license at sea. Penalty for illegal enrollment or license. Penalty for malfeasance. Penalty for forgery and alteration. Penalty for obstructing officers. Penalty for violation of license. Exception to forfeiture. Notice of seizure. Recovery of forfeitures and penalties. Fees. Fees On frontiers. Certain fees abolished. Same; entry and clearance fees for Canadian ports; salary Of collectors. Fees of collectors and other officers to be paid from ap- propriation for collecting revenue from customs. Repeal of permanent indefinite appropriation for Com- pensation of commissioners and clerks for certain serv- ices; detailed estimates by Secretary of Commerce and Labor. Posting table of fees. Vessels liable for fees for enrollment. Lighters and boats. Canal-boats exempt from enrollment, license, and cus- toms fees. Vessels not propelled by sail or internal motive power exempt from enrollment, registry, and license. & § 8057. What are vessels of United States— Wessels of twenty tons and upward, enrolled in pur- Suance Of this Title, and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by this Title, and no others, shall be deemed vessels Of the United States entitled to the privileges of vessels em- ployed in the coasting-trade Or fisheries. (R. S. § 4311.) See §§ 5490, 7815, 8145, 8146. § 8058. What vessels may be enrolled—In or- der for the enrollment of any vessel, she shall pOS- sess the same qualifications, and the same require- mentS in all respects shall be Complied with, as are required before registering a vessel; and the same powers and duties are Conferred and imposed upon all Officers, respectively, and the same proceedings shall be had, in enrollment of vessels, as are prescrib- ed for similar cases in registering; and vessels en- rolled, with the masters or Owners thereof, shall be Subject to the same requirements as are prescribed for registered vessels. (R. S. § 43.12.) $ 8059. Enrollment of vessels owned by cor- porations—Enrollments and licenses for vessels Own- ed by any incorporated company may be issued in the name of the president or secretary of such company; and Such enrollments or licenses shall not be vacated Or affected by any sale of shares of Stock in such company. (R. S. § 4313.) $ 8060. Oath of president of corporation or managing owner or agent—Previous to granting en- rollment and license for any vessel owned by any incorporated company, or by an individual or individ- uals, the president or secretary of such company, or any other officer or agent thereof, duly authorized by Said Company in writing, attested by the corporate Seal thereof, to act in its behalf, or the managing own- er, Or his agent duly authorized by power of attor- Iney, When Such vessel is owned by an individual or individuals, shall swear to the ownership of such ves- Sel Without designating the names of the persons COmposing Such company, when such vessel is owned by a corporation, which oath shall be deemed suffi- Cient without requiring the oath of any other person interested or concerned in such vessel. (R. S. § 4314, amended, June 24, 1902, c. 1155, § 2, 32 Stat. 399.) $ 8061. Death of president of corporation— Upon the death, removal, or resignation of the pres- ident or secretary of any incorporated company own- ing any steamboat or vessel, a new enrollment and li- CenSe Shall be taken out for Such steamboat or ves- Sel. (R. S. § 4315, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) § 8062. Enrollment of steamboats owned by aliens—Any steamboat employed or intended to be em- 81.42. 8143. 8144. 8145. 8146. ployed only in a river or bay of the United States, owned wholly Or in part by an alien resident within the United States, may be enrolled and licensed, as if the same belonged to a citizen of the United States, Subject to all the provisions of this Title, except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States. (R. S. § 4316.) $ 8063. Bond by alien owner—Such resident alien, owner of any steamboat, upon application for enrollment or license, shall give bond to the Collector of the district, for the use of the United States, in the penalty of one thousand dollars, with sufficient Surety, Conditioned that the boat shall not be employ- ed in Other waters than the rivers and bays of the United States. (R. S. § 4317.) § 8064. Enrollment of vessels on frontiers- Any vessel of the United States, navigating the Wa- ters on the northern, northeastern, and north Western frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; Such enroll- ment and license shall authorize any such vessel to be employed either in the coasting or foreign trade On such frontiers, and no certificate of registry shall be required for vessels so employed. Such vessel Shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed Vessels. - (R. S. §-4318, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) § 8065. Form of enrollment—The record of the enrollment of a vessel shall be made, and an abstract or copy thereof granted, as nearly as may be in the following form: Enrollment. In conformity to Title L., “Regulation of vessels in domestic commerce,” Of the Revised Statutes of the United States, (inserting here the name of the person, with his Occupation and place of abode, by whom the oath or affirmation is to be made,) having taken and subscribed the Oath (Or affirmation) required by law, and having sworn (Or affirmed) that he (or she, and if more than one own- er adding the words “together with,” and the name or names, Occupation or occupations, place or places Of abode of the Owner Or Owners, and the part Or pro- portion of such vessel belonging to each owner) is (or are) a citizen (or citizens) of the United States, and Sole owner (or owners) of the ship or vessel called the (inserting here her name), Of (inserting here the name of the port to which she may belong), whereof (insert- ing here the name of the master) is at present master, and is a Citizen Of the United States, and that the said ship or vessel was (inserting here when and where built), and (inserting here the name and office, if any, of the person by whom she shall have been surveyed and measured), having certified that the said ship or vessel has (inserting here the number of decks), and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she meas- ures (inserting here her number of tons); that she is (describing here the particular kind of vessel, wheth- er ship, brigantine, Snow, Schooner, sloop, or what- ever else, together with her build, and Specifying whether she has any or no gallery or head), and the said (naming the owner or the master, or other per- Son acting in behalf of the Owner Or Owners by whom the Certificate Of measurement shall have been COun- tersigned), having agreed to the description and meas- urement above specified, and sufficient security having been given, according to the said title, the said ship or vessel has been duly enrolled at the port of (naming the port where enrolled). Given under my hand and seal, at (naming the said port), this (inserting the par- ticular day) day Of (naming the month), in the year (specifying the number of the year, in words, at length). (R. S. § 4319, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) § 8066. Consolidation of forms of enrollment and of license—Under the direction of the Secretary 3 8067 (Tit. 50 REGUIATION OF WESSELS IN DOMESTIC COMMERCE [Page 1264] of Commerce and Labor the Commissioner of Navi- gation is hereby authorized and directed from time to time to consolidate into one document in the case of any vessel of the United States the form of enroll- Iment prescribed by section forty-three hundred and nineteen of the Revised Statutes and the form of li- cense prescribed by section forty-three hundred and twenty-One Of the Revised Statutes, and such consol- idated form shall hereafter be issued to a vessel of the United States in lieu of the separate enrollment and license now prescribed by law, and shall be deem- ed sufficient compliance with the requirements of laws relating to the subject. (April 24, 1906, c. 1865, #; 34 Stat. 136, amended, Feb. 29, 1912, c. 47, 37 Stat. 70.) § 8067. Compensation of customs officers for enrollment and license not affected—This Act shall not be Construed to amend any law now in force con- Cerning the compensation of officers of the customs for service connected with the enrollment and license of vessels. (April 24, 1906, c. 1865, § 3, 34 Stat. 136.) $ 8068. License; oath not to defraud revenue —No licensed vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded. The master of every such vessel shall SWear that he is a citizen of the United States, and that such license shall not be used for any other vessel Or any other employment than that for which it was Specially granted, Or in any trade or business whereby the revenue of the United States may be defrauded; and if Such vessels be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty Of the collector of the district Comprehending the port whereto such vessel may belong to grant a license. (R. S. § 4320, amended, Teb. 27, 1877, c. 69, § 1, 19 Stat. 251, and Jan. 16, 1895, c. 24, § 3, 28 Stat. 625.) § 8069. Same; form—The form of a license for Carrying on the Coasting-trade or fisheries shall be as follows: g “License for carrying on the (here insert “coasting trade,’ ‘whale-fishery,” “mackeral-fishery,” or ‘cod-fish- ery,’ as the Case may be). “In pursuance of Title L, ‘Regulation of vessels in domestic Commerce,’ Of the Revised Statutes of the United States, (inserting here the name Of the hus- band Or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode), having given bond that the (insert here the description of the Vessel, whether ship, brigantine, Snow, Schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, bur- den (insert here the number of tons, in words) tons, as appears by her enrollment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, insert, instead thereof, ‘proof being had of her admeasurement'), shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any Other vessel, or for any other employment, than is herein Specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel’s name), to be employed in carrying on the (inserting here “coasting-trade,’ ‘whale- fishery,’ ‘mackeral-fishery,” or ‘cod-fishery,’ as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal, at (nam- ing the Said district), this (inserting the particular day) day of (naming the month), in the year (Specify- ing the number of the year in words at length”). (R. S. § 4321.) $ 8070. Exchange of enrollment and registry —The collectors of the several districts may enroll and license any vessel that may be registered, upon such registry being given up, or may register any ves- Sel that may be enrolled, upon such enrollment and license being given up. (R. S. § 4322.) § 807 l. Same; when vessel is in another dis- trict—When any vessel shall be in any other district than the One to which she belongs, the collector of Such district, On the application of the master there- of, and upon his taking an oath that, according to his best knowledge and belief, the property remains as eXpressed in the register or enrollment proposed to be given up, and upon his giving the bonds required for granting registers, shall make the exchange of an en- rollment for a register or a register for an enroll- ment; but in every such case, the collector to whom the register or enrollment and license may be given up shall transmit the same to the Register of the Treasury; and the register, or enrollment and li- Cense, granted in lieu thereof, shall, within ten days after the arrival of such vessel within the district to which she belongs, be delivered to the collector of the district, and be by him Canceled. If the master Shall neglect to deliver the register or enrollment and license within such time, he shall be liable to a pen- alty of one hundred dollars. (R. S. § 4323.) § 8072. Expiration of license—No license, grant- ed to any Vessel, shall be considered in force any longer than Such vessel is owned, and Of the descrip- tion set forth in such license, or for carrying on any Other business Or employment than that for which She is specially licensed. (R. S. § 4324.) § 8073. Renewal of lieense; surrender in cer- tain cases—The license granted to any vessel shall be presented for renewal by indorsement to the Col- lector Of Customs Of the district in which the vessel then may be within three days after the expiration of the time for which it was granted, or, if she be ab- sent at that time, within three days from her first ar- rival within a district. In case of change of build, ownership, district, trade, or arrival under tem- porary papers in the district where she belongs the license shall be Surrendered. If the master Shall fail to deliver the license he shall be liable to a penalty of ten dollars, which shall not be mitigated. (R. S. § 4325, amended, April 24, 1906, c. 1865, § 2, 34 Stat. 136.) § 8074. Loss of license—If such license, however, shall have been previously given up to the collector of any other district, as authorized by this Title, and a Certificate thereof under the hand Of Such Col- lector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid so that it cannot be ſound, and the master Of Such vessel Shall make and Subscribe an Oath that Such license is lost, destroyed, or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the penalty prescribed in the preceding section shall not be in- Curred. If such license shall be 16st, destroyed, Or unintentionally mislaid, before the expiration of the time for which it was granted, upon the like oath be- ing made and subscribed by the master of such vessel, the Collector, upon application being made therefor, shall license such vessel anew. (R. S. § 4326.) $ 8075. Renewal of license—The owner of any licensed vessel may return such license to the Čollector who granted the same, at any time within the year for which it was granted ; and thereupon the Collector Shall Cancel the same, and Shall license Such vessel anew, upon the application. Of the OWner, and upon the Conditions hereinbefore required being Complied with. (R. S. § 4327.) § 8076. Sanae; when vessel is in another dis- trict—Whenever it becomes necessary for the Owner of any vessel of the United States navigating the western rivers Or the waters On the northern, north- eastern, and northwestern frontiers of the United States otherwise than by sea, and being in a district other than that to which such vessel belongs, to pro- cure her enrollment and license, or license, or renew- Tit. 50) ź 8087 IREGULATION OF WESSELS IN DOMESTIC COMMERCE IPage 12651 al thereof, the same proceedings may be had in the district in which the vessel then is, as are requir- ed by law on application for such enrollment and li- Cense, Or license, Or renewal thereof, as the case may be, in the district to which such vessel belongs, except- ing the giving of bond and the enrollment and issuance Of license; and the Officer before whom Such proceed- ing is had shall Certify the same to the Collector of the district to which such vessel belongs, who shall thereupon, On the Owner giving bond as required in Other Cases, duly enroll the vessel and issue license in the same form as if the application had originally been made in his office; and shall either deliver the license to the owner, or forward it by mail to the of— ficer who certified to him the preliminary proceedings; and in the latter Case, such Officer shall deliver the license to the owner or master of the vessel. (R. S. § 4328.) § 8077. Renewal of enrollment and license when vessel is in another district; application to all United States vessels—The provisions of the act relating to the enrollment and license of vessels navi- gating the Western rivers and the Waters On the north- ern, northeastern, and northwestern frontiers of the United States, otherwise than by sea, approved Feb- ruary twenty-eighth, eighteen hundred and sixty-five are hereby extended to include all vessels Of the Unit- ed-States navigating the waters of the United States. (April 17, 1874, c. 106, 18 Stat. 30.) § 8078. Rexmewal on sale of vessel—Whenever it appears, by satisfactory proof, to the Secretary of the Treasury that any vessel has been sold and trans- ferred by process of law, and that the certificate of enrollment Or license of such vessel is retained by the former owner, the Secretary may direct the collector Of the district to which such vessel belongs to grant a new Certificate of enrollment Or license, On the Own- er's, under such sale, complying with such terms and Conditions as are by law required for granting of such papers, excepting only the delivering up of the former Certificate of enrollment or license. But nothing in this section shall be Construed to remove the liability Of any person to any penalty for not surrendering up the papers belonging to any vessel, On a transfer Or Sale of the same. (R. S. § 4329.) $ 8079. Oath as to payment for repairs—No license, or enrollment and license, nor renewal of ei- ther, shall hereafter be issued to any vessel until the COllectOr to whom application is made for the same is satisfied, from the oath of the owner or master, that all equipments and repairs, made in a foreign port within the year immediately preceding such ap- plication, have been duly accounted for, and the du- ties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it false- ly, the vessel shall be seized and forfeited. (R. S. § 4330.) § 8080. Measurement of vessels less than twenty tons—Before any vessel, of the burden of five tons, and less than twenty tons, shall be licens- ed, the same measurement shall be made of such ves- Sel, and the same provisions observed relative there- to, as are to be observed in case of measuring ves- Sels to be registered or enrolled ; but in all cases, Where Such Vessel Or any other licensed vessel shall have been Once measured, it shall not be necessary to measure Such vessel anew, for the purpose of Ob- taining another enrollment or license, unless such VeSSel shall have undergone some alteration as to her burden, Subsequent to the time of her former license. (R. S. § 4331.) See §§ 7725–7733. $ 8081. Signatures to enrollment or license— In every Case where the collector is by this Title di- rected to grant any enrollment, license, certificate, permit, or other document, the naval officer residing at the port, if there be one, shall sign the same; and COMP.S.T.’18–80 every Surveyor who certifies a manifest, or grants any permit, or who receives any certified manifest, or any permit, as is provided for in this Title, shall make return thereof monthly, or sooner, if it can conven- iently be made, to the collector of the district where such surveyor resides. (R. S. § 4332.) § 8082. Record of lie enses—The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement Of each year, and Shall make a record thereof in a book, to be by him kept for that purpose, and shall, Once in three months, transmit to the Register of the Treasury Copies of the licenses which shall have been SO glallted by him; and also of such licenses as Shall have been given up or returned to him, respec- tively, in pursuance of this Title. Whenever any ves- Sel is licensed or enrolled anew, or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensod, she shall, in every Such Case, be enrolled, licensed, or registered by her former name. (R. S. § 4333.) $ 8083. Name and port to be painted on stern —Every licensed vessel shall have her name, and the port to which she belongs, painted on her stern, in the manner prescribed for registered vessels; and if any licensed Vessel be found without such painting, the Owner thereof shall be liable to a penalty of twen- ty dollars. (R. S. § 4334.) See §§ 7758, 7759. § 8984. Change of master—Whenever the mas- ter of any licensed vessel, ferry-boats excepted, is Changed, the new master, Or, in Case of his absence, the Owner Or one of the Owners thereof, shall report such change to the collector residing at the port where the same happens, iſ there be One; Other Wise, to the Collector residing at any port Where such vessel next arrives, Who, upon the Oath Of Such new master, Or, in Case Of his absence, of the Owner, that Such master is a citizen of the United States, and that such ves- sel shall not, while such license Continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, shall indorse such Change On the license, with the name Of the new mas- ter. Whenever Such Change is not reported, and in- dorsed, as herein required, such vessel, if found Car- rying On the Coasting-trade or fisheries, shall be sub- ject to pay the same fees and tonnage as a Vessel. Of the United States having a register, and the new master shall be liable to a penalty of ten dollars. (R. S. § 4335.) § 8085. Inspection—Any officer concerned in the Collection of the revenue may at all times inspect the enrollment Or license of any Vessel ; and if the master Of any such vessel shall not exhibit the same, When re- Quired by such officer, he shall be liable to a penalty Of One hundred dollars. (R. S. § 4336.) § 8086. Penalty for unlawfully proceeding on foreign voyage—If any vessel, enrolled Or licensed, shall proceed on a foreign voyage, without first giv- ing up her enrollment and license to the Collector of the district comprehending the port from which she is about to proceed on such voyage, and being duly registered by such colléctor, every such vessel, to- gether with her tackle, apparel, and furniture, and the merchandise so imported therein, shall be liable to seizure and forfeiture. (R. S. § 4337.) § 8087. Certificate for vessel proceeding on foreign voyage—If the port from which any vessel, SO enrolled or licensed is about to proceed on a for- eign voyage, is not within the district where such Vossel is enrolled, the Collector of Such district shall give to the master of such vessel a certificate, specify. ing that the enrollment and license of such vessel has been received by him, and the time when it was so received ; which Certificate shall aſterward be deliv- red by the master to the collector who may have granted such enrollment and license. (R. S. § 4338) A 8088 (Tit. 50 REGULATION OF WESSELS IN DOMESTIC COMMERCE [Page 1266] § 8088. Papers for vessels in whale-fishery- All vessels which may clear with registers for the purpose of engaging in the whale fishery shall be deemed to have lawful and sufficient paperS for Such voyages, securing the privileges and rights of regis- tered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries. (R. S. 4339.) § § 8089. Enrollments; at Jersey City—The as- sistant collector at Jersey City may enroll and li- cense all vessels engaged in the coasting-trade and fisheries, owned in whole or in part by residents of the counties of Hudson and Bergen, in the State of New Jersey. (R. S. § 4340.) | § 8090. Same; at Camden—The assistant col- lector for the port of Camden, in New Jersey, may enroll and license all vessels engaged in the Coast- ing-trade and fisheries, owned in whole or in part by residents of that portion of the Bridgeton district lying north of Alloway’s Creek, in the county of Salem, in the State of New Jersey. (R. S. § 4341.) § 8091. Same; at Wilmington, N. C.—The owners of vessels residing on New River, in Onslow County, in the State of North Carolina, shall have the privilege of taking out registers or enrollments and licenses at Wilmington, in that State, and the Col- lector of that district may grant the same On the COn- ditions required by law. (R. S. § 4342.) § 8092. Same; at Chesapeake City, Md.—The deputy collector who may be appointed to reside at Chesapeake City, in Maryland, shall have power to grant enrollments and licenses to vessels. (R. S. § 4343.) § 8093. Surveyors may enroll vessels—The Secretary of the Treasury may authorize the Sur- veyor of any port of delivery, under such regulations as he shall deem necessary, to enroll and license VeS- sels to be employed in the coasting-trade and fisher- ies, in like manner as collectors of ports of entry are authorized to do. (R. S. $ 4344.) § 8094. Same; surveyors at Cold Spring, Greenport, and Port Jefferson—The Surveyors ap- pointed for the ports of Cold Spring, on the north side of Long Island, Greenport and Port Jefferson, all in the State of New York, shall have power to enroll and license vessels to be employed in the Coasting trade and fisheries, and to enter and Clear, and grant registers and other usual papers to vessels employed in the whale-fisheries, under such restrictions and regulations as the Secretary of the Treasury may deem necessary. (R. S. § 4345.) § 8095. Same; fees—Any surveyor who shall perform the duties directed to be performed by the two preceding sections shall be entitled to receive the same commissions and fees as are allowed by law to collectors, for performing the same duties. (R. S. § 4346.) º - § 8095a. Numbering certain undocumented vessels—Every undocumented vessel, Operated in whole or in part by machinery, owned in the United States and found on the navigable waters thereof, except public vessels, and vessels not exceeding six- teen feet in length measured from end to end over the deck excluding sheer, temporarily equipped with de- tachable motors, shall be numbered. Such numbers shall be not less in size than three inches and paint- ed Or attached to each bow Of the VeSSel in such manner and color as to be distinctly visible and legi- ble. (June 7, 1918, c. 93, § 1, 40 Stat.) § 8095b. Same; award and record of num- bers—The said numbers, on application of the owner or master, shall be awarded by the collector of cus- toms of the district in which the vessel is owned and a record thereof kept in the customhouse of the dis- trict in which the owner or managing owner resides. No numbers not so awarded shall be carried on the bows of such vessel. (June 7, 1918, c. 93, § 2.) $ 8095c. Same; notice of destruction or change of ownership of vessels—Notice of destruc- tion or abandonment of such vessels or change in their ownership shall be furnished within ten days by the owners to the collectors of customs of the dis- tricts where such numbers were awarded. Such VeS- sel sold into another customs district may be num- bered anew in the latter district. (June 7, 1918, C. 93, § 3, 40 Stat.) § 8095d. Same; penalty for violations of act —The penalty for violation of any provision of this Act shall be $10, for which the vessel shall be liable and may be seized and proceeded against in the dis- trict Court of the United States in any district in which such vessel may be found. Such penalty On application may be mitigated or remitted by the Sec- retary of Commerce. (June 7, 1917, c. 93, § 4, 40 Stat.) § 8095e. Same; regulations for enforcement of act—The Secretary of Commerce shall make such regulations as may be necessary to secure proper ex- ecution of this Act by Collectors of customs and Other officers of the Government. (June 7, 1918, c. 93, § 5, 40 Stat.) § 8095f. Same; time of taking effect of act— This Act shall take effect six months after its pas- sage. (June 7, 1918, c. 93, § 6, 40 Stat.) (R. S. § 4347. Repealed in part and super- Seded.) The principal provisions of this section, incorporated into the Revised Statutes from Act March 1, 1817, c. 31, § 4, 3 Stat. 351, were as follows: “No merchandise shall be imported under penalty of forfeiture thereof, from one port of the United States to another port of the United States, in a vessel belonging wholly or in part to a Sub- ject of any foreign power; but this section shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the United States, provided no merchandise, other than that imported in such vessel from some foreign port, and which shall not have been unladen, shall be carried from one port or place to another in the United States.” The section was amended, by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, by striking out of the first sentence the word “imported” and inserting the word “transported;” and it was further amended by Act Feb. 15, 1893, c. 117, 27 Stat. 455, by inserting, after the word “power,” a clause relating to shipments via foreign ports, making these provisions of the section read as fol- lows: “No merchandise shall be transported under penal- ty of forfeiture thereof, from one port in the United States to another port of the United States, in a vessel belong- ing wholly or in part to a subject of any foreign power and the transportation of merchandise in any such Wes— sel or vessels from one port of the United States to an– other port of the United States via any foreign port shall be deemed a violation of the foregoing provisions; but this section shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the |United States, provided no merchandise, other than that imported in such vessel from some foreign port, and . which shall not have been unladen, shall be carried from One port or place to another in the United States.” To these provisions in the Revised Statutes, others, derived from Act March 1, 1873, c. 213, § 4, 17 Stat. 483, passed to carry into effect certain articles of the treaty between the United States and Great Britain ratified June 17, 1871, 17 Stat. 863, were added in the form of provisos, which, as amended by Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 320, were as follows: “Provided, however, That from the date of the President’s proclamation declaring that he has evi- dence that the Imperial Parliament of Great Britain, the Parliament of Canada, and the legislature of Prince Ed- ward’s Island have passed laws on their part to give effect to the provisions of the treaty of Washington of May eighth, eighteen hundred and seventy-one, as contained in articles eighteen to twenty-five, inclusive, and article thirty of said treaty; and so long as said articles remain in force, according to the terms and conditions of article thirty-third of said treaty, all subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States, upon the Saint Lawrence, the great lakes, and the rivers connecting the Same, to another port or place within the territory of the United States as aforesaid : ... And provided further, That a portion of such transportation is made through the Do- minion of Canada by land-carriage and in bond, under Such rules and regulations as may be agreed upon be- tween the government of Her Britannic Majesty and the Government of the United States: And provided further, That the President of the United States may, by procla- mation, suspend the right of carrying provided for by this section, in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in arti- cle twenty-seventh of said treaty: And provided further, That in case any export or other duty continues to be Tit. 50) 3 8102 REGULATION OF WESSELS IN DOMESTIC COMMERCE [Page 1267 I levied after the sixteenth day of June, eighteen hundred and seventy-two, on lumber or timber of any kind cut on that portion of the American territory, in the State of Maine, watered by the river Saint John and its tribu- taries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick, that then, and in that case, the Pres- ident of the United States may, by proclamation, suspend all rights of carrying provided for by this section for such period as such export or other duty may be levied.” These provisos were repealed by Res. March 3, 1883, No. 22, 22 Stat. 641, on the abrogation, in part, of the treaty, thus leaving in force only that part of the section which pro- hibited the transportation of merchandise in foreign ves- sels from one port of the United States to another port of the United States, together with the general exceptions. These provisions were superseded by Act Feb. 17, 1898, C. ' 26 (§§ 8097, 8098). § 8096. Transportation of passengers in for- eign vessels—No foreign vessel shall transport pas- sengers between ports or places in the United States, oither directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger SO transported and landed. (June 19, 1886, c. 421, § 8, 24 Stat. 81, amended, Feb. 17, 1898, c. 26, § 2, 30 Stat. 248. 'se §§ 3912-3915. § 8097. Transportation of merchandise in foreign vessels—NO merchandise shall be transport- ed by water under penalty of forfeiture thereof from One port of the United States to another port Of the United States, either directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel Of the United States. But this action shall not be construed to prohibit the sailing of any foreign vessel from One to another port of the United States: Provided, That no merchandise other than that imported in such vessel from some foreign port which shall not have been unladen shall be carried from one port or place in the United States to an- other. (Feb. 17, 1898, c. 26, § 1, 30 Stat. 248.) See §§ 3912–3915. § 8098. Transshipment of imported mer- chandise intended for immediate exportation— Whenever merchandise is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or de- scend which for the purposes of Commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is hereby authorized to prescribe regulations for the transshipment and transportation of Such mer- chandise. (Feb. 17, 1898, c. 26, § 3, 30 Stat. 248.) $ 8099. Dredging by foreign-built dredges— A foreign-built dredge shall not, under penalty of forfeiture, engage in dredging in the United States unless documented as a vessel Of the United States. (May 28, 1906, c. 2566, 34 Stat. 204.) § 8100. Establishment of great districts—The Seacoasts and navigable rivers Of the United States and Porto Rico shall be divided into five great dis- tricts: The first to include all the Collection districts On the Seacoasts and navigable rivers between the northern boundary Of the State of Maine and the Southern boundary of the State of Texas; the sec- Ond to consist Of the island of Porto Rico ; the third to include the Collection districts on the Seacoasts and navigable rivers between the southern boundary of the State of California and the northern boundary of the State of Washington ; the fourth to consist of the Territory of Alaska ; the fifth to consist of the Territory of Hawaii. (R. S. § 4348, amended, May 12, 1906, c. 2453, § 1, 34 Stat. 190.) $ 8101. Manifest and permits for vessels trad- ing between neighboring districts—The master of every vessel under twenty tons burden licensed for Carrying On the Coasting-trade, destined from a dis- trict in One State to a district in the same Or an ad- joining State, on the sea-coast or on a navigable river, and of every vessel of the burden of twenty tons and upward, destined from a district within One Of the great districts to another district within the Same great district, or from a State in one great dis- trict to an adjoining State in another great district, having On board either distilled Spirits in casks ex- Ceeding five hundred gallons, wines in casks exceed- ing two hundred and fifty gallons, or in bottles ex- Ceeding One hundred dozens, sugar in casks or boxes exceeding three thousand pounds, or foreign merchan- dise in packages, as imported, exceeding in value four hundred dollars, or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value ex- Ceeds eight hundred dollars, shall, previous to the de- parture Of such vessel from the port where she may then be, make out and subscribe duplicate manifests Of the whole of such cargo on board such vessel, Specifying in Such manifests the marks and numbers Of every cask, bag, box, chest, or package containing the Same, with the name and place of residence of every Shipper and consignee, and the quantity ship- ped by and to each. If there be a collector or sur- VeyOr residing at such port, or within five miles there- of, he shall deliver such manifest to the collector, if there be one; otherwise to the surveyor, before Whom he shall swear, to the best of his knowledge and belief, that the goods therein contained were legally imported, and the duties thereupon paid or Secured, Or if Spirits distilled within the United States that the duties thereupon have been paid or secured. Thereupon the collector or surveyor shall certify the Same On the manifests, one of which he shall return to the master, with a permit, specifying thereon, gen- erally, the lading on board such vessel, and author- izing him to proceed to the port of his destination. (R. S. § 4349.) § 8102. Same; penalty for proceeding with- out—If any VeSSel, being laden and destined, as mon- tioned in the preceding section, shall depart from the port Where she may then be without the master hav- ing first made out and subscribed duplicate manifests Of the lading on board such vessel, and in case there be a collector or surveyor residing at such port, or Within five miles thereof, without having previously delivered the same to the collector or surveyor, and Obtaining a permit, such master shall be liable to a penalty of one hundred dollars. (R. S. § 4350.) $ 8103. Delivery of manifest before unlading —The master of every vessel licensed for carrying on the Coasting-trade, having on board either distilled Spirits in casks exceeding five hundred gallons, wine in Casks exceeding two hundred and fifty gallons, or in bottles exceeding one hundred dozens, sugar in Casks or boxes exceeding three thousand pounds, or foreign merchandise in packages, as imported, ex- Ceeding in value four hundred dollars, or goods, wares, or merchandise, consisting of such enumerat- ed or other articles of foreign growth or manufacture, or Of both, whose aggregate value exceeds eight hun- dred dollars, and arriving from a district in one State, at a district in the same Or an adjoining State on the sea-coast, or on a navigable river, or, if of the burden of twenty tons Or upward, arriving at a district within One Of the great districts from anoth- er district within the same great district, or from a State adjoining such great district, shall, previous to the unlading of any part of the Cargo of such vessel, deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, or if there be no collector Or Surveyor residing at such port, then to a collector or surveyor, if there be any Such officer residing within five miles thereof, the manifest of the cargo, certified by the collector or sur- veyor of the district from whence she sailed if there be such manifest, otherwise the duplicate manifests thereof, as is hereinbefore directed, to the truth of which, before such officer, he shall swear. If there have been taken on board Such Vessel any Other Or more goods than are contained in such manifest or manifests, since her departure from the port from whence she first sailed, or if any goods have been since landed, the master shall make known and par- 3 8104 (Tit. 50 IREGULATION OF WESSELS IN DOMESTIC COMMERCE [Page 1268] ticularize the same to the collector or surveyor, or if no Such goods have been so taken on board Or land- ed, he shall so declare, to the truth of which he shall SWear. Thereupon the collector or Surveyor shall grant a permit for unlading a part or the whole of Such Cargo, as the master or commander may request. If there is no collector or surveyor residing at or Within five miles of the port of her arrival, the mas- ter Of Such vessel may proceed to discharge the lad- ing from On board such vessel, but shall deliver to the Collector or surveyor residing at the first port Where he may next afterward arrive, and within twenty-four hours of his arrival, the manifest or manifests, noting thereon the times when and places Where the goods therein mentioned have been unlad- en, to the truth of which, before the last-mentioned Collector or surveyor, he shall swear. (R. S. § 4351.) $ 8104. Same; penalty for not delivering—If the master of any such vessel, being laden and des- tined as mentioned in the preceding section, shall neglect or refuse to deliver manifests, at the times and in the manner directed, he shall be liable to a penalty of One hundred dollars. (R. S. § 4352.) $ 8105. Manifests and permits for vessels trading between remote districts—The master of eVery Vessel under twenty tons of burden licensed for carrying on the coasting-trade, and destined from any district of the United States to a district other than a district in the same or an adjoining State, On the Sea-coast, or on a navigable river, and Of every vessel of the burden of twenty tons and upWard, destined to a district other than a dis- trict Within , the same great district, or within a State adjoining such great district, shall, previous to her departure, deliver to the collector residing at the port where such vessel may be, if there is Orle, Otherwise to the collector of the district COmprehend- ing Such port, or to a surveyor within the district, as the One or the other may reside nearest to the port at Which such vessel may be, duplicate manifests of the Whole cargo on board such vessel; or if there is no cargo on board, he shall so certify; and if there are any distilled spirits, or merchandise of foreign grOWth or manufacture on board, other than what may by the Collector be deemed sufficient for sea- Stores, he shall specify in such manifests the marks and numbers of every cask, bag, box, chest, or pack- age Containing the same, with the name, and place of residence of every shipper and consignee of such dis- tilled Spirits, or merchandise of foreign growth or manufacture, and the quantity shipped by and to each. The manifests or certificates shall be sub- Scribed and Sworn to by him ; and he shall also SWear, before the collector or surveyor, that such merchandise of foreign growth or manufacture was, to the best of his knowledge and belief, legally im- ported, and the duties thereupon paid or secured; Or, if spirits distilled within the United States, that the duties thereupon have been duly paid or secur- ed. Upon the performance of these provisions, and not before, the collector or surveyor shall certify the same On the manifests or Certificates; One of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the port of his destination. (R. S. § 4353.) $ 8106. Same; penalty for proceeding without —If any such vessel, destined as mentioned in the preceding section, shall depart from the port where she may then be, having distilled spirits, or goods, wares, or merchandise of foreign growth or manufac- ture on board, without complying with the require- ments of the preceding section, the master thereof shall be liable to a penalty of one hundred dollars; or, if the lading be of goods the growth or manufacture of the United States Only, or if such vessel have no cargo, and she depart without the several things re- quired in the preceding section being complied with, the master shall be liable to a penalty of fifty dollars. (R. S. § 4354.) $ 8.107. Delivery of manifest before unlading —The master of every vessel under twenty tons bur- den licensed to carry on the coasting trade, arriving at any district of the United States from any district Other than a district in the same or an adjoining State On the Sea-coast, or on a navigable river, and of every Vessel of the burden of twenty tons and upward ar- riving from a district other than a district within the Same great district, or from a State adjoining such great district, shall deliver to the collector residing at the port where she may arrive, if there be One, other- Wise to the collector or surveyor in the district com- prehending such port, as the One or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or, if at a greater distance, within forty-eight hours next after his arrival, and previous to the unlading any of the goods brought in such ves- Sel, the manifest of the cargo, if there be any, certified by the collector or surveyor of the district from Whence she last sailed; and shall make oath, before the collector or surveyor, that there was not when he Sailed from the district where his manifest was certi- fied, and has not been since, and is not then, any more or other merchandise of foreign growth or manu- facture, or distilled spirits, if there be any, other than Sea-Stores, On board Such vessel, than is therein men- tioned ; and if there be none such, he shall so swear; and if there be no cargo on board, he shall produce the certificate of the collector or surveyor of the dis- trict from whence she last sailed that such is the case. Thereupon such collector or surveyor shall grant a permit for unlading the whole or part of such cargo, if there be any within his district, as the master may request; and where a part only of the merchandise of foreign growth or manufacture, or of distilled spirits, brought in Such vessel, is intended to be landed, the Collector or Surveyor shall make an indorsement Of Such part on the back of the manifest, specifying the articles to be landed ; and shall return such manifest to the master, indorsing also thereon his permission for such vessel to proceed to the place of her destina- tion. (R. S. § 4355.) - § 8108. Same; penalty for not delivering—If the master of such vessel, laden and destined as men- tioned in the preceding section, shall neglect or refuse to deliver the manifest, Or, if she has no cargo, the certificate, within the time directed in the preceding section, he shall be liable to a penalty of one hundred dollars, and the merchandise of foreign growth or manufacture, or distilled spirits, found on board, or landed from such ship or vessel, not being certified as required, shall be forfeited ; and if the same shall amount to the value of eight hundred dollars, such ship or vessel, with her tackle, apparel, and furniture, shall be also forfeited. (R. S. § 4356.) § 8109. Exemption from requirements as to permits to proceed and unlade—The provisions of Sections forty-three hundred and forty-nine, forty- three hundred and fifty, forty-three hundred and fifty- One, forty-three hundred and fifty-two, forty-three hun- dred and fifty-three, forty-three hundred and fifty-four, forty-three hundred and fifty-five, and forty-three hun- dred and fifty-six of the Revised Statutes, requiring the master of every vessel licensed to carry on the coasting-trade, laden in part with foreign merchandise or distilled spirits, to procure a permit from the cus- toms officer of the port at which his Vessel was laden, authorizing him to proceed to his port of destination, and also to procure a permit from the port of destina- tion for the unlading of his Cargo, shall not be held to include vessels engaged in the navigation of the Mississippi River or tributaries, above the port of New Orleans. (July 12, 1876, c. 185, 19 Stat. 90.) See §§ 8101-8108. - § 8110. Trade between Long Island and Rhode Island—Coasting-Vessels, going from Long Island, in Tit. 50) 3 8118 REGULATION OF WESSELS IN DOMESTIC COMMERCE [Page 1269] the State of New York, to the State of Rhode Island, or from the State of Rhode Island to Long Island, shall have the same privileges as are allowed to ves- sels under the like Circumstances going from a district in one State to a district in the same Or an adjoining State. (R. S. § 4357.) § 81 11. Trade between Alaska, and other dis- tricts—The coasting trade between the territory Ced- ed to the United States by the Emperor of Russia and any other portion of the United States shall be regu- lated in accordance With the provisions Of law appli- cable to such trade between any two great districts. (R. S. § 4358.) § 81 12. Exemption from requirements as to manifests and permits—Nothing in this Title shall be so construed as to oblige the master of any vessel of less than twenty tons burden, licensed for carrying On the Coasting trade, bound from a district in one State to a district in the same or an adjoining State On the Sea-Coast, Or on a navigable river, or Of any Vessel of the burden of twenty tons Or upward, bound from a district within One of the great districts to a district within the same great district, or within a State adjoining such great district, having on board merchandjse of the growth, product, or manufacture Of the United States Only, except distilled spirits, or distilled spirits not more than five hundred gallons, wine in casks not more than two hundred and fifty gallons, Or in bottles not more than One hundred doz- ens, sugar in casks or boxes not more than three thou- sand pounds, or foreign merchandise in packages, as imported, of not more value than four hundred dol- lars, or merchandise consisting of such enumerated or Other articles of foreign growth or manufacture, or Of both, whose aggregate value shall be not more than eight hundred dollars, to deliver a manifest thereof, or obtain a permit, previous to her departure, or, on her arrival within such district, to make any report thereof; but such master shall be provided with a manifest, by him subscribed, of the lading, of what kind soever, which was on board such vessel at the time of his departure from the district from which she last sailed, and if the same, Or any part of such lading, consists of distilled Spirits, or merchandise of foreign growth or manufacture, with the marks and numbers of each cask, bag, box, chest, Or package containing the same, with the name Of the shipper and consignee of each. Such manifest shall be by him exhibited, for the inspection of any officer of the revenue, when required by Such Officer; and he shall also inform Such officer from whence such vessel last sailed, and how long she has been in port, when by him so in- terrogated. (R. S. § 4359.) $ 81.13. Penalties for not exhibiting manifest —Whenever the master of such vessel, laden and des- timed as described in the preceding sectioli, is not provided, on his arrival within any such district, with a manifest, and does not exhibit the same, as required in the preceding section, if the lading of such vessel Consist wholly of merchandise the produce or manufac- ture of the United States, distilled spirits excepted, he shall be liable to a penalty of twenty dollars, or if there be distilled spirits, or merchandise of foreign growth Or manufacture, on board, excepting what may be suffi- Cient for sea-stores, he shall be liable to a penalty of forty dollars; or if he shall refuse to answer the interrogatories truly, as is herein required, he shall be liable to a penalty of one hundred dollars. If any of the merchandise laden. On board Such vessel be Of for- eign growth or manufacture, or of spirits distilled within the United States, so much of the same as may be found On board such vessel, and not included in the manifest exhibited by such master, shall be forfeited. (R. S. § 4360, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) g § 81 14. Registered vessels—Whenever any ves- Sel of the United States, registered according to law, is employed in going from any one district in the United States to any other district, such vessel, and the master thereof, with the goods she may have on board previous to her departure from the district Where she may be, and also upon her arrival in any other district, shall be subject, except as to the pay- ment of fees, to the same regulations, provisions, pen- alties, and forfeitures, and the like duties are imposed on like officers, as are provided for vessels licensed for Carrying on the Coasting-trade. Nothing herein Contained shall be construed to extend to registered vessels Of the United States having on board merchan- dise Of foreign growth or manufacture, brought into the United States, in such vessel, from a foreign port, and On Which the duties have not been paid according to law. (R. S. § 4361.) $ 8115. Permit for transportation inland—The Collector of the district of Philadelphia may grant per- mits for the transportation of merchandise of foreign grOWth or manufacture across the State of New Jer- sey to the district of New York, or across the State of Delaware to any district in the State of Maryland or Virginia ; and the collector of the district of New York may grant like permits for transportation across the State of New Jersey; and the collector of any district of Maryland or Virginia may grant like per- mits for transportation across the State of Delaware to the district of Philadelphia. Every such permit Shall express the name of the owner, or person sending the merchandise, and of the person to whom the mer- Chandise is consigned, with the marks, numbers, and description of the packages, whether bale, box, chest, or otherwise, and the kind of goods contained therein, and the date when granted; and the owner, or person Sending such goods, shall swear that they were legally imported, and the duties paid. Where the merchan- dise, to be So transported, shall be of less value than eight hundred dollars, the permit shall not be deemed necessary. (R. S. § 4362.) $ 81 16. Penalty for failure to report arrival of merchandise transported inland—The owner or COnSignee Of all merchandise transported under the provisions of the preceding section and for the trans- Iportation whereof a permit is necessary, shall, within tWenty-four hours after the arrival thereof at the place to which such merchandise was permitted to be transported, report the same to the collector of the district where it has arrived, and shall deliver up the permit aCCompanying the same ; and if the Owner or Consignee shall neglect or refuse to make due entry Of Such merchandise within the time and in the man- ner directed, all such merchandise shall be subject to forfeiture; and if the permit granted shall not be given up within the time limited for making the re- port, the person to whom it was granted, neglecting or refusing to deliver it up, shall be liable to a penalty Of fifty dollars for every twenty-four hours it shall be Withheld afterward. (R. S. § 4363.) § 8117. Permit to touch at foreign port— Whenever any vessel, licensed for carrying on the fishery, is intended to touch and trade at any foreign port, it shall be the duty of the master or Owner to obtain permission for that purpose from the col- lector of the district where such vessel may be, pre- vious to her departure, and the master of every Such vessel shall deliver like manifests, and make like en- tries, both of the vessel and of the merchandise On board, within the same time, and under the same penalty, as are by law provided for vessels of the United States arriving from a foreign port. (R. S. § 4364.) § 8118. Same; penalty for touching at port without permission—Whenever a vessel, licensed for carrying on the fisheries, is found within three leagues of the coast, with merchandise of foreign growth or manufacture, exceeding the value of five hundred dollars, without having such permission as is di- rected by the preceding section, such vessel, together with the merchandise of foreign growth or manufac- Ž 8119 (Tit. 50 REGUIATION OF WESSEES IN DOMESTIC COMMERCE [Page 1270I ture imported therein, shall be subject to seizure and forfeiture. (R. S. § 4365.) § 8119. Report of arrival at port other than that of destination—The maSter Of every VeSSel em- ployed in the transportation of merchandise from district to district, that shall put into a port Other than the one to which she was bound, shall, Within twenty-four hours Of his arrival, if there be an Of- ficer residing at such port, and she Continue there SO long, make report of his arrival to Such officer, With the name Of the place he came from, and to Which he is bound, with an account of his lading; and every master who neglects or refuses SO to do shall be lia- ble to a penalty of twenty dollars. (R. S. § 4366.) $ 8120. Foreign vessels bound coastwise—The master of every foreign vessel bound from a district in the United States to any other district within the same, shall, in all cases, previous to her departure from such district, deliver to the collector of such dis- trict duplicate manifests of the lading on board such vessel, if there be any, or, if there be none, he shall declare that such is the case; and to the truth of such manifest Or declaration he shall SWear, and also Ob- tain a permit from the collector, authorizing him to proceed to the place of his destination. (R. S. § 4367.) § 8121. Same; delivery of manifest—The master of every foreign vessel, On his arrival within any district from any other district, Shall, in all Cases, within forty-eight hours after his arrival, and pre- vious to the unlading of any goods from on board such vessel, deliver to the collector of the district where he may have arrived, a manifest of the goods laden On board such vessel, if any there be ; Or if in ballast only, he shall so declare ; he shall swear to the truth of Such manifest or declaration, and shall also SWear that such manifest contains an account of all the Imerchandise which was On board Such vessel at the time, or has been since her departure from the place from whence she shall be reported last to have sailed ; and he shall also deliver to such collector the per- mit which was given him from the collector of the district from whence he sailed. (R. S. § 4368.) § 8122. Same; penalty against vessels trading coastwise—Every master of any foreign vessel Who neglects or refuses to comply with any of the re- quirements of the two preceding sections, shall be lia- ble to a penalty of one hundred dollars. Nothing therein contained shall, however, be construed as af- fecting the payment of tonnage, or any other require- ments to which such vessels are subject by law. (R. S. § 4369.) § 8123. Penalty on foreign tug-boats towing vessels between United States ports—All Steam tug-boats not of the United States found employed in towing documented vessels of the United States ply- ing from one port or place in the same to another, shall be liable to a penalty of fifty cents per ton. On the measurement of every such vessel so towed by them respectively, which sum may be recovered by way of libel or suit. This section shall not apply to any case where the towing, in whole or in part, is within or upon foreign waters. Any foreign rail- road company or corporation, whose road enters the United States by means of a ferry Or tug-boat, may Own Such boat, and it shall be subject to no Other Or different restrictions or regulations in Such employ- ment than if owned by a citizen of the United States. (R. S. § 4370.) $ 8124. Trading without license; penalty—EV- ery vessel of twenty tons or upward, other than regis- tered vessels found trading between district and dis- trict, or between different places in the same district, or carrying on the fishery without being enrolled and licensed, Or if less than twenty tons and not less than five tons, without a license, in the manner provided by this Title, if laden with merchandise the growth or manufacture of the United States only, distilled spirits excepted, or in ballast, shall pay the same fees and tonnage in every port of the United States at which she may arrive as vessels not belonging to a citizen of the United States; and, if she have On board any articles of foreign growth or manufacture, Or distilled Spirits, other than Sea-stores, she shall, together with her tackle, apparel, and furniture, and the lading found on board, be forfeited. (R. S. § 4371.) $ 8125. Same; fines; repeal—Every vessel of twenty tons or upwards, entitled to be documented as a vessel of the United States, other than registered Vessels, found trading between district and district, or between different places in the same district, or car- rying on the fishery, without being enrolled and li- Censed, and every vessel of less than twenty tons and not less than five tons burden found trading or carry- ing on the fishery as aforesaid without a license ob- tained as provided by this title, shall be liable to a fine of thirty dollars at every port of arrival without Such enrollment Or license. But if the license shall have expired while the vessel was at sea, and there Shall have been no opportunity to renew such li- Cense, then said fine of thirty dollars shall not be in- Curred. And SO much of section four thousand three hundred and seventy-one of the Revised Statutes as relates to vessels entitled to be documented as ves- Sels of the United States is hereby repealed. (June 19, 1886, c. 421, § 7, 24 Stat. 81.) $ 8126. Remission or mitigation of fines—The fines imposed by sections five, six, seven, and eight Of this act shall be subject to remission or mitiga- tion by the Secretary of the Treasury when the Of- fense was not wilfully committed, under such regula- tions and methods of ascertaining the facts as may Seem to him advisable. (June 19, 1886, c. 421, § 9, 24 Stat. 81.) Sée $$ 7730, 7757, 8096, 8125. $ 8127. Expiration of license at sea—If any ves- Sel be at Sea at the expiration of the time for which the license was given, and the master of such ves- Sel Shall swear that such was the case, and shall also, Within forty-eight hours after his arrival, deliv- er to the Collector of the district in which he shall first arrive the license which shall have expired, the forfeiture prescribed in the preceding section shall Inot be incurred, nor shall the vessel be liable to pay the fees and tonnage therein required. (R. S. § 4372.) $ 8128. Penalty for illegal enrollment or li- cense—Every collector, who knowingly makes any record of enrollment or license of any vessel, and ev- ery other Officer, or person, appointed by or under them, who makes any record, or grants any certificate Or other document whatever, contrary to the true in- tent and meaning of this Title, or takes any other or greater fees than are by this Title allowed, or re- ceives for any service performed pursuant to this Title, any reward or gratuity, and every surveyor, or Other person appointed to measure vessels, who will- fully delivers to any collector or naval Officer a false description of any vessel, to be enrolled or licensed, in pursuance of this Title, shall be liable to a penalty of five hundred dollars, and be rendered incapable of Serving in any office of trust Or profit under the Unit- ed States. (R. S. § 4373.) $ 8129. Penalty for malfeasance—Every person, authorized and required by this Title to perform any act or thing as an officer, who willfully neglects or refuses to do and perform the Same, a CCOrding to the true intent and meaning of this Title, shall, if not sub- ject to the penalty and disqualifications prescribed in the preceding section, be liable to a penalty of five hundred dollars for the first offense, and of like sum for the second offense, and shall, after con- viction for the Second Offense, be rendered incapable of holding any office of trust or profit under the United States. (R. S. § 4374.) - § 8130. Penalty for forgery and alteration- Every person who forges, counterfeits, erases, alters, or falsifies any enrollment, license, certificate, permit, or other document, mentioned or required in this Title, to be granted by any officer of the revenue, such Tit. 50) 3 8137 REGULATION OF WESSEIS IN DOMESTIC COMMERCE | - IPage 1271] person, so offending, shall be liable to a penalty of five hundred dollars. (R. S. § 4375.) See § 10240. § 8131. Penalty for obstructing officers—EV- ery person who assaults, resists, obstructs, Or hinderS any officer in the execution of any act or law relating to the enrollment, registry, or licensing of vessels, Or of this Title, or of any of the powers or authorities vested in him by any such act or law, shall, for ev- ery such offense, for which no other penalty is par- ticularly provided, be liable to a penalty of five hun- dred dollars. (R. S. § 4376.) § 8132. Penalty for violation of license—When- ever any licensed vessel is transferred, in Whole Or in part, to any person who is not at the time of such transfer a citizen of and resident within the United States, or is employed in any other trade than that for Which she is licensed, or is found with a forged or altered license, or one granted for any other vessel, Such vessel With her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited. But vessels which may be licensed for the mackerel- fishery shall not incur such forfeiture by engaging in Catching Cod or fish of any other description what- ever. (R. S. § 4377.) $ 8133. Exception to forfeiture—Any merchan- dise On board any vessel which belongs, in good faith, to any person other than the master, owner, or mar- iners Of Such vessel, and upon which the duties have been paid, or secured according to law, shall be ex- empted from any forfeiture under this Title. (R. S. § 4378.) $ 8134. Notice of seizure—In every case where a forfeiture of any vessel or merchandise shall accrue, it shall be the duty Of the Collector or other proper Officer, who shall give notice of the seizure of such VeSSel Or of such merchandise, to insert in the same advertisement the name and the place of residence of the perSon to whom any such vessel and merchandise belonged or were consigned, at the time of such sei- Zure, if the same be known to him. (R. S. § 4379.) § 8135. Recovery of forfeitures and penalties —All penalties and forfeitures which shall be incur- red by virtue of this Title may be sued for, prosecuted, and recovered as penalties and forfeitures incurred by Virtue of the laws relating to the collection of du- ties, and shall be appropriated in like manner; ex- % when Otherwise expressly prescribed. (R. S. § $ 8136. Fees—The following fees shall be levied and Collected from the owners and masters of all ves- SelS eXcept those navigating the waters of the north- ern, northeastern, and northwestern frontiers, other- Wise than by Sea: First. For measuring every vessel, in order to the enrollment or licensing and recording the same, the fees prescribed for like services in Order to the regis- try Of Vessels. Second. For every certificate of enrollment, fifty CentS. Third. For every indorsement on a certificate of en- rollment, twenty cents. Fourth. For every license, and granting the same, including the bond, if not exceeding twenty tons, twen- ty-five cents; if above twenty and not more than one hundred tons, fifty centS; and if more than One hun- dred tons, One dollar. Fifth. For every indorsement on a license, twenty CentS. Sixth. For certifying manifests, and granting a per- mit for a licensed vessel to proceed from district to district, ten CentS. Seventh. For receiving a certified manifest and granting a permit on the arrival of such licensed Ves- Sel, ten CentS. Eighth. For certifying manifests, and granting a permit for a registered vessel to proceed from district to district, one dollar and fifty cents. Ninth. For receiving a certified manifest, and grant- ing a permit on the arrival of such registered VeSSel, One dollar. Tenth. For granting a permit for a vessel not be- longing to a citizen or citizens Of the United States, to proceed from district to district, and receiving the manifest, two dollars. Eleventh. For receiving a manifest, and granting a permit, to unload, for Such last-mentioned VeSSel, Oll her arrival in One district from another district, two dollars. Twelfth. For granting a permit for a vessel carry- ing On the fishery to trade at a foreign port, tWenty- five cents, and for the report and entry of any foreign goods imported in Such vessel, twenty-five CentS. Where a Surveyor certifies a manifest, or grants a permit, or receives a certified manifest and grants a permit, the fees arising therefrom shall be received by him solely for his use; and all other fees arising by virtue of this section shall be received and ac- counted for by the collector, or, at his option, by the naval officer, where there is one, and where there is a Collector, naval Officer, and Surveyor, shall be equally divided monthly between the said officers; and Where there is no naval officer, two-thirds to the collector and the other third to the Surveyor; and where there is thereof; and where there is more than one surveyor in any district, each of them shall receive his propor- tional part of such fees as shall arise at the port for which he is appointed; and in all cases where the ton- nage of any ship or vessel shall be ascertained by any person appointed for that purpose, such person Shall be paid a reasonable compensation therefor Out of the fees aforesaid, before any distribution thereof as aforesaid. (R. S. § 4381, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, and July 5, 1884, c. 228, § 1, 23 Stat. 132.) º $ 8137. Fees on frontiers—The following fees Shall be levied and Collected from the OWners and mas- ters of vessels navigating the waters of the northern, northeastern, and northwestern frontiers of the United States, otherwise than by Sea : First. For the measurement of any vessel, the fees prescribed in Title XLVIII, “Regulation of Commerce and Navigation.” Second. For certificate of enrollment, bond and Oath, One dollar and ten Cents. Third. For granting license, including bond and oath, if not over twenty tons, forty-five cents. Fourth. For granting license, including bond and Oath, above twenty and not Over One hundred tons, Seventy cents. Fifth. For granting license, including bond and oath, above One hundred tons, One dollar and twenty Conts. Sixth. For certifying manifest, including master’s oath, and granting permit for Vessel to go from dis- trict to district, ten cents. Seventh. [Bepealed.] Eighth. For receiving manifest, including master’s Oath, On arrival of a vessel from One collection dis- trict to another, whether touching at foreign, interme- diate ports or not, ten CentS. Ninth. [Repealed.] Tenth. For certifying a manifest, including master’s oath, and granting permit to a vessel under fifty tons, ladon with a cargo destined for a port or place in an- Other district at which there is no custom-house, twen. ty-five cents. Eleventh. For certifying a manifest, including mas- ter’s Oath, and granting permit to a vessel above fifty tons, laden with a cargo destined for a port or place in another district at which there is no custom-house, fifty cents. Twelfth. [Repealed.] Thirteenth. [Repealed.] Fourteenth. Wessels departing to or arriving from a port in one district to or from a port in an adjoin- ing district, and touching at intermediate foreign including 3 8187 (Tit. 50 REGULATION OF WESSELS IN DOMESTIC COMMERCE IPage 1272] ports, are exempted from the payment of the entry fees. Fifteenth. For a port entry of such vessel, two dol- lars. Sixteenth. For permit to land or deliver goods, tWenty CentS. Seventeenth. For a bond taken officially, not Other- wise provided for, fifty cents. Eighteenth. For permit to load goods for exportation entitled to drawback, thirty cents. Nineteenth. For debenture or other official Certifi- cate not otherwise provided for, twenty cents. Twentieth. For recording all bills of sale, mort- gages, hypothecations, or conveyances of Vessels, fifty CentS. Twenty-first. For recording all certificates for dis- charging and canceling any such conveyances, fifty CentS. Twenty-second. For furnishing a certificate setting forth the names of the owners of any registered or en- rolled vessel, the parts or proportions OWImed by each, and also the material facts of any existing bill of sale, mortgage, hypothecation, or other incumbrance; the date, amount Of Such incumbrance, and from and to Whom made. One dOlliar. Twenty-third. For furnishing copies of such records for each bill of Sale, mortgage, or other Conveyance, fifty cents. Twenty-fourth. For receiving manifest of each rail- road-car or other vehicle laden with goods, wares, or merchandise from a foreign contiguous territory, twenty-five cents. Twenty-fifth. For entry of goods, wares, or mer- Chandise for Consumption, Warehouse, rewarehouse, transportation, or exportation, including oath and per- mit to land Or deliver, fifty cents. Twenty-sixth. For certificate of registry, including bond and oath, two dollars and twenty-five cents. Twenty-seventh. For indorsement of change of mas- ters on registry, one dollar. (R. S. § 4382, amended, July 5, 1884, c. 228, §§ 2, 3, 23 Stat. 132, 133, and March 3, 1897, c. 389, § 9, 29 Stat. 689.) § 8138. Certain fees abolished-On and after July first, eighteen hundred and eighty-six, no fees shall be charged or collected by Collectors or other Of- ficers of customs, or by inspectors of steam-vessels or shipping commissioners, for the following services to Vessels of the United States, to wit: Measurement of tonnage and certifying the same; issuing of license Or granting of certificate of registry, record, or enroll- ment, including all indorsements on the same and bond and oath; indorsement of Change of master; Certify- ing and receiving manifest, including master’s Oath, and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate Of payment of tonnage dues; recording bill of Sale, mortgage, hypothecation or conveyance, or the dis- Charge Of Such mortgage or hypothecation; furnishing certificate of title; furnishing the crew-list, including bond; certificate or protection to seamen; bill of health; shipping or discharging of seamen, as provid- ed by title fifty-three of the Revised Statutes and sec- tion two Of this act; apprenticing boys to the mer- chant service; inspecting, examining, and licensing Steam-vessels, including inspection-certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel; and all provisions of laws author- izing or requiring the collection of fees for such Serv- ices are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. Collectors or other Officers of Customs, inspectors of Steam vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailcd report of such Services, and the fees provided by Paw, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensa- tion for Said Services as each Would have received prior to the passage of this act; also such compensa- tion to clerks of shipping commissioners and Clerks of steamboat inspectors, and such allowances for fees Of United States marshals and witnesses for Services under the steamboat-inspection laws, and for expenS- es of steamboat inspectors provided for by section forty-four hundred and sixty-one of the Revised Stat- utes as would have been paid them had this act not passed: Provided, That such services have, in the Opinion of the Secretary of the Treasury, been neces- sarily rendered. (June 19, 1886, c. 421, § 1, 24 Stat. 79, amended, April 4, 1888, c. 61, § 2, 25 Stat. 80.) See §§ 5393, 7770, 7771, 7779-7781, 7797, 8136, 8137, 8213, 8222, 8364, 8375, 8377, 8392, containing provisions relating to fees superseded by this section. And see §§ 5327, 8139–8141, 8287. $ 8139. Same; entry and clearance fees for Canadian ports; salary of collectors—Fees for the entry direct from a foreign port and for the Clear- ance direct to a foreign port of a vessel navigating the waters of the northern, northeastern, and north- Western frontiers of the United States Otherwise than by Sea, prescribed by section forty-three hundred and eighty-two of the Revised Statutes, are abolished. Where such fees, under existing laws, constitute in whole or in part the compensation of a collector of Customs, such officer shall hereafter receive a fixed Sum for each year equal to the amount which he Would have been entitled to receive as fees for Such services during said year. (March 3, 1897, c. 389, § 9, 29 Stat. 689.) § 8140. Fees of collectors and other officers to be paid from appropriation for collecting reve- nue from customs—Hereafter all payments made to collectors or other officers of the customs on account of fees earned and heretofore paid from the perma- ment indefinite appropriation provided for by Section One of the Act of June nineteenth, eighteen hundred and eighty-Six, shall be paid from the appropriation “Expense of Collecting the revenue from Customs.” (March 4, 1907, c. 2918, § 1, 34 Stat. 1315) See § 8138. R. S. § 3687, containing a permanent ap- propriation for expense of collecting revenue from cus- toms, was repealed by Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434 (see § 5327). Current appropriation for such ex- penses, see Act June 12, 1917, c. 27, § 1, 40 Stat. 120. § 8141. Repeal of permanent indefinite ap- propriation for compensation of commissioners arºd clerks for eertain services; detailed esti- mates by Secretary of Commerce and Labor–SO much of the Act approved June nineteenth, eighteen hundred and eighty-six (Statutes at Large, Volume twenty-four, page seventy-nine), as makes a permanent indefinite appropriation to pay compensation to ship- ping commissioners and the clerks of the shipping Commissioners for Services under said Act is hereby repealed, to take effect from and after June thirtieth, nineteen hundred and eleven; and the Secretary of Commerce and Labor shall, for the fiscal year nineteen hundred and twelve, and annually thereafter, Submit to COngrOSS in the regular BOOk Of Estimates de- tailed estimates for compensation of such commis- sioners and clerks. (June 25, 1910, c. 384, § 7, 36 Stat. 773.) § 8142. Posting table of fees—Every collector and naval Officer, and every surveyor residing at a port where there is no Collector, shall cause to be affix- ed and constantly kept in some conspicuous place in his office a fair table of the rates of fees demandable by this Title. (R. S. § 4383.) § 8143. Vessels liable for fees for enrollment —All vessels subject to enrollment Or license shall be liable to the payment of the fees established by law for Services of customs Officers incident thereto, (R. S. § 4384.) § 8144. Iighters and boats—Nothing in this Title shall be construed to extend to any boat Or lighter not being masted, or if masted and not decked, employed in the harbor of any town or city. (R. S. § 4385.) See §§ 8145, 8146. Tit. 50A) 3 8146aa MERCHANT MARINE [Page 1273] § 8145. Canal-boats exempt from extrollment, license, and customs fees—The act to which this is a Supplement shall not be SO COnStrued as to extend the provisions Of the said act to Canal boats or boats employed. On the internal Waters Or Canals of any State; and all such boats, excepting Only such as are provided with sails or propelling machinery of their OWn adapted to lake or coastwise navigation, and eXcepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the Said act, and from the payment of all customs and Other fees under any act of Congress. (April 18, 1874, c. 110, 18 Stat. 31.) $ 8146. Vessels not propelled by sail or in- termal motive power exempt from enrollmexit, registry, and license—The provisions of title fifty of the Revised Statutes of the United States shall not be so construed as to require the payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof, not propelled by sail or by internal motive power of their own, and not in any case carrying passengers, Whether navigating the internal waters Of a State Or the navigable waters Of the United States, and not engaged in trade with contiguous for- eign territory, nor shall this or any existing law be Construed to require the enrolling, registering or li- Censing of any flat boat, barge or like craft for the Carriage of freight, not propelled by sail or by inter- nal motive power of its own, On the rivers or lakes º º United States. (June 30, 1879, c. 54, 21 Stat. (R. S. §§ 4386-4390. Repealed.) These sections of the Revised Statutes related to the transportation of animals from one state to another, by rail or by water. They were expressly repealed by Act June 29, 1906, c. 3594, § 5, 34 Stat. 608, and more compre- hensive provisions relating to the same subject were made by said Act June 29, 1906, c. 3594, §§ 1-4 (§§ 8651—8654). TITLE L A–UNITED STATES SHIPPING BOARD, NAVAL AUX- ILIARY AND RESERVE, AND MERCHANT MARINE Sec. 8146a. Terms defined. - - - 8146aa. Corporation, partnership or association not a citizen; act applied to receivers and trustees. 8146b. Shipping Board; establishment; composition; Sioners; seal; rules and regulations. 8146bb. Salary of commissioners; secretary; experts and clerks; duty of military, naval, or other Services; Civil service rules. Construction and equipment; purchase, lease or char- ter of vessels for marine trade. Transfer to board of vessels belonging to War Or Navy Departments for Panama Railroad Company. 8146d. Charter, lease, or sale of vessels to citizens. 8146dd. Appraisal and sale of vessels unfit for service. 8146.e. Registration, enrollment and licensing of vessels; cer- tain vessels to engage in coastwise trade; regulations as to vessels purchased, chartered or leased; use Or disposition of vessels in time of war or national emergency. Taking vessels for naval or military purposes. Corporations for purchase, construction, equipment, maintenance and operation of merchant vessels. 8146ff. Investigations as to cost of merchant vessels. 81.46g. Limitation of liabilities incurred under act; of proceeds of bonds into Treasury. 8146gg. Common carriers by water giving deferred rebates; using a “fighting ship”; retaliatory discrimination; discriminatory contracts. 8146h. Contracts between carriers filed with board; proval of contracts; pre-existing contracts; tion from Act July 2, 1890, and amendments. 8146hh. Discriminatory acts prohibited. commis- 8146c. 8146cc. 8146ee. 8146f. payment disap- excep- 8146i. Discriminatory rates prohibited; correction by board; * supervision of regulations of carrier. 8146.ii. Common carriers to establish schedule of rates and and reasonable regulations for conduct of business; filing; charge of more than maximum rates. 8146iii. Rates reduced not to be increased without approval of board. 8146j. Acquiring of information prejudicial to shipper. 8146.jj. Requirement by board of reports from carriers; ure to report; false report. 8146k. Complaints to board of acts of common carrier by Wa- ter; investigations. 8146kk. Orders made only after full hearing. fail- 8146l. Records of board; copies; publication of reports; evi- dence. 8146ll. Reversal, suspension or modification of orders; re- hearings. 81.46m. Investigation by board as to acts of ments; report to President. 81.46mm. Attendance of witnesses and production of books and papers; Subpoenas; fees and mileage; compelling Obedience to subpoenas. 81.46m. Immunity of witnesses. foreign govern- 8146 nn. Enforcement of Orders of board. 81460. Violation of orders of board for payment of money; remedy. 814600. Venue and procedure in suits to enforce, suspend or set aside orders of board. 8146p. Penalty for violation of act. 8146pp. Act not to affect powers of interstate commerce com- mission; intrastate commerce. 81464. Partial invalidity of act. 8146r. Refusal of clearance of vessel refusing to accept trade. 8146rr. Seizure of vessels owned by corporations, citizens or Subjects of nations with which United States is at War; operation, lease or charter thereof. Sec. 8146s. sºonra -of-survey to -determine value of vessels Seized. 8146t. Purchase, condemnation or lease of land to house em- ployés; construction and lease of houses; loans to provide houses; payment of compensation; defini- tions; appropriation; contracts; report to Congress. § 8146a. Terms defined—When used in this Act: The term “common carrier by water in foreign com- merce” means a common carrier, except ferryboats running on regular routes, engaged in the transporta- tion by Water Of passengers or property between the United States or any of its Districts, Territories, or possessions and a foreign country, whether in the im- port or export trade : Provided, That a cargo boat commonly called an Ocean tramp shall not be deemed such “common carrier by water in foreign colmmerce.” The term “COmmon Carlier by Water in intel'State commerce” means a common carrier engaged in the transportation by water of passengers or property On the high seas or the Great Lakes on regular routes from port to port between One State, Territory, Dis- trict, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, Dis- trict, or possession. The term “common Carrier by Water” means a COm- mon Carrier by water in foreign commerce Or a Com- mon carrier by water in interstate Commerce On the high seas or the Great Lakes On regular routes from port to port. The term “other person subject to this Act” means any person not included in the term “common carrier by water,” carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other ter- minal facilities in COnnection with a COmmon Carrier by water. The term “porson” includes corporations, partner- ships, and associations, existing under or authorized by the laws of the Unitod States, or any State, Terri- tory, District, or possession thereof, or of any foreign country. (Sept. 7, 1916, c. 451, § 1, 39 Stat. 728.) § 8146aa. Corporation, partnership or associa- tion not a citizen; act applied to receivers and trustees—Within the meaning of this Act no Corpo- ration, partnership, Or association shall be deemed a citizen of the United States unless the controlling in- terest therein is owned by citizens of the United States, and, in the Case of a corporation, unless its president and managing directors are Citizens Of the United States and the corporation itself is organized under the laws of the United States or of a State, Ter- ritory, District, or possession thereof. The provisions of this Act shall apply to receivers # 8146b (Tit. 50A MERCHANT MARINE) [Page 1274] and trustees Of all persons to whom the Act applies, and to the successors or assignees of Such persons. (Sept. 7, 1916, c. 451, § 2, 39 Stat. 729.) § 8146h. Shipping Board; establishment; corm- position; commissioners; seal; rules and regu- lations—A board is hereby Created, to be known as the United States Shipping Board, and hereinafter re- ferred to as the board. The board shall be composed of five commissioners, to be appointed by the Presi- dent, by and with the advice and consent of the Sen- ate ; Said board shall annually elect One of its melm- bers as chairman and One as Vice Chairman. The first commissioners appointed shall continue in office for terms of two, three, four, five, and six years, respectively, from the date of their appointment, the term of each to be designated by the President, but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the COmmissioner whom he succeeds. The commissioners shall be appointed with due re- gard to their fitness for the efficient discharge Of the duties imposed on them by this Act, and to a fair rep- resentation of the geographical divisions of the coun- try. Not more than three of the commissioners shall be appointed from the same political party. NO COIm- Imissioner shall be in the employ of or hold any Official relation to any common carrier by water or other per- SOn Subject to this Act, or OWn any Stocks Or bonds thereof, or be pecuniarily interested therein. No Com- missioner Shall actively engage in any other business, vocation, or employment. Any commissioner may be removed by the President for inefficiency, neglect of duty, Or malfeasance in office. A vacancy in the board shall not impair the right of the remaining members Of the board to exercise all its powers. The board shall have an Official seal, which shall be judicially n Oticed. The board may adopt rules and regulations in re- gard to its procedure and the conduct of its business. (Sept. 7, 1916, c. 451, § 3, 39 Stat. 729.) § 8146 bb. Salary of commissioners; secretary; experts and clerks; duty of military, naval, or other services; civil service rules—Each member of the board shall receive a salary of $7,500 per annum. The board shall appoint a secretary, at a salary of $5,000 per annum, and employ and fix the compensation Of such attorneys, Officers, naval architects, special eXperts, examiners, Clerks, and Other employés as it Inay find necessary for the proper performance of its duties and as may be appropriated for by the Con- gress. The President, upon the request of the board, may authorize the detail of Officers of the military, Inaval, Or other Services of the United States for Such duties as the board may deem necessary in connection With its business. With the exception of the secretary, a clerk to each Commissioner, the attorneys, naval architects, and such special experts and examiners as the board may from time to time find necessary to employ for the Conduct of its work, all employés of the board shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the Civil-Service law. The expenses Of the board, including necessary ex- penses for transportation, incurred by the members Of the board or by its employés under its Orders, in making any investigation, or upon official business in any other place than in the city of Washington, shall be allowed and paid On the presentation of item- ized vouchers therefor approved by the chairman Of the board. Until Otherwise provided by law the board may rent Suitable Offices for its use. The Auditor for the State and Other Departments shall receive and examine all accounts of expenditures of the board. (Sept. 7, 1916, C. 451, § 4, 39 Stat. 729.) § 8146.e. Construction and equipment; pur- chase, lease or charter of vessels for marine trade—The board, with the approval of the President, is authorized to have constructed and equipped in American shipyards and navy yards or elsewhere, giv- ing preference, other things being equal, to domestic yards, or to purchase, lease, or charter, vessels suita- ble, as far as the commercial requirements of the ma- rine trade of the United States may permit, for use as naval auxiliaries or Army transports, or for other naval or military purposes, and to make necessary re- pairs On and alterations of Such vessels: Provided, That neither the board, nor any corporation formed under section eleven in which the United States is then a stockholder shall purchase, lease, or charter any vessel— (a) Which is then engaged in the foreign or do- mestic Commerce of the United States, unless it is about to be withdrawn from Such commerce without any intention. On the part of the Owner to return it thereto within a reasonable time; (b) Which is under the registry or flag or a foreign Country which is then engaged in War; (c) Which is not adapted, or can not by reasonable alterations and repairs be adapted, to the purposes Specified in this section ; (d) Which, upon expert examination made under the direction of the board, a written report of such ex- amination being filed as a public record, is not with- Out alteration or repair found to be at least Seventy- five per centum as efficient as at the time it was origi- nally put in commission as a seaworthy vessel. (Sept. 7, 1916, c. 451, § 5, 39 Stat. 730.) § 8146cc. Transfer to board of vessels belong- ing to War or Navy Departments for Panama Railroad Company—The President may transfer ei- ther permanently or for limited periods to the board Such vessels belonging to the War or Navy Depart- ment as are Suitable for commercial uses and not re- Quired for military or naval use in time of peace, and Cause to be transferred to the board vessels owned by the Panama Railroad Company and not required in its business. (Sept. 7, 1916, c. 451, § 6, 39 Stat. 730.) $ 8146d. Charter, lease, or sale of vessels to citizens—The board, upon terms and conditions pre- Scribed by it and approved by the President, may Charter, lease, or sell to any person, a citizen of the United States, any vessel so purchased, constructed, gºansferred. (Sept. 7, 1916, c. 451, § 7, 39 Stat. 730. $ 8146dd. Appraisal and sale of vessels unfit for service—When any vessel purchased or construct- ed by or transferred to the board as herein provided, and owned by the United States, becomes, in the Opinion of the board, unfit for the purposes of this Act, it shall be appraised and sold at public or pri- Vate Competitive sale after due advertisement free from the conditions and restrictions of this Act. (Sept. 7, 1916, c. 451, § 8, 39 Stat. 730.) § 8146.e. Registration, enrollment and licens- ing of vessels; certain vessels to engage in coast- wise trade; regulations as to vessels purchased, chartered or leased; use or disposition of vessels in time of war or national emergency—Any Wes- sel purchased, chartered, or leased from the board may be registered or enrolled and licensed, or both regis- tered and enrolled and licensed, as a vessel of the United States and entitled to the benefits and privileg- es appertaining thereto: Provided, That foreign-built vessels admitted to American registry or enrollment and license under this Act, and vessels Owned, Char- tered, or leased by any corporation in which the Unit- ed States is a stockholder, and vessels sold, leased, Or chartered to any person a citizen of the United States, as provided in this Act, may engage in the coastWise trade of the United States. Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be operated only under such registry Or enroll- ment and license. Such vessels while employed Solely as merchant vessels shall be subject to all laws, reg- Tit. 50A) 3 8146ff MERCHANT MARINE [Page 1275] uſations, and liabilities governing merchant vessels, whether the United States be interested therein as Owner, in whole Or in part, or hold any mortgage, lien, Or Other interest therein. No such vessel, without the alyproval of the board, shall be transferred to a foreign registry or flag, or sold; nor, except under Iregulations prescribed by the board, be chartered Or leased. When the United States is at war, or during any na- tional emergency the existence of which is declared by proclamation of the President, no vessel registered Or enrolled and licensed under the laws Of the United States shall, without the approval of the board, be sold, leased, or chartered to any person not a citizen Oſ the United States, or transferred to a foreign reg- istry or flag. No vessel registered or enrolled and licensed under the laws of the United States, Or Owned by any person a citizen of the United States, except One which the board is prohibited from purchasing, Shall be sold to any person not a citizen of the Unit- ed States or transferred to a foreign registry or flag, unless such vessel is first tendered to the board at the price in good faith offered by others, or, if no such Offer, at a fair price to be determined in the manner provided in Section ten. Any vessel sold, chartered, leased, transferred, Or Operated in violation of this section shall be forfeited to the United States, and whoever-violates any provi-T Sion of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or to imprisonment of not more than five years, or both Such fine and imprisonment. (Sept. 7, 1916, c. 451, § 9. 39 Stat. 730.) $ 8146ee. Taking vessels for naval or military purposes—The President, upon giving to the person interested such reasonable notice in Writing as in his judgment the circumstances permit, may take posses- SiOn, absolutely Or temporarily, for any naval Or mili- tary purpose, Of any vessel purchased, leased, or Char- tered from the board: Provided, That if, in the judg- ment of the President, an emergency exists requiring Such action he may take possession of any such ves- Sel without notice. Thereafter, upon ascertainment by agreement or Otherwise, the United States shall pay the person in- terested the fair actual Value based upon normal COn- glitions at the time of taking of the interest of such person in every vessel taken absolutely, or if taken for a limited period, the fair charter value under normal conditions for such period. In Case of dis- agreement as to such fair value it shall be determined by appraisers, one to be appointed by the board, One by the person interested, and a third by the two so appointed. The finding of such appraisers shall be final and binding upon both parties. (Sept. 7, 1916, c. 451, § 10, 39 Stat. 731.) § 8146f. Corporations for purchase, construc- tion, equipment, maintenance and operation of mercharat vessels—The board, if in its judgment such action is necessary to carry out the purposes of this Act, may form under the laws of the District Of Columbia. One Or more COrpOrations for the pur- chase, construction, equipment, lease, charter, main- tenance, and Operation of merchant vessels in the commerce of the United States. The total Capital stock thereof shall not exceed $50,000,000. The board may, for and On behalf of the United States, Subscribe to, purchase, and vote not less than a majority Of the Capital stock of any such Corporation, and do all other things in regard thereto necessary to pro- tect the interests Of the United States and to Carry Out the purposes of this Act. The board, with the approval of the President, may sell any or all of the stock of the United States in Such corporation, but at no time shall it be a minority stockholder there- in: Provided, That no corporation in which the Unit- ed States is a stockholder, formed under the author- ity of this section, shall engage in the operation of any vessel constructed, purchased, leased, chartered, Or transferred under the authority of this Act un- less the board shall be unable, after a bona fide ef- fort, to Contract with any person a citizen Of the Unit- ed States for the purchase, lease, or charter of such Vessel under Such terms and COnditions as may be prescribed by the board. The board shall give public notice of the fact that Vessels are Offered and the terms and Conditions up- On which a COIntract will be linade, and shall invite COmpetitive Offerings. In the event the board shall, after full compliance with the terms of this proviso, determine that it is unable to enter into a contract with such private parties for the purchase, lease, or Charter of such - vessel, it shall make a full report to the President, who shall examine such report, and if he shall approve the same he shall make an order declaring that the Conditions have been found to eXist which justify the operation of such vessel by * COrpOration formed under the provisions of this sec- iOil. At the expiration of five years from the conclusion Of the present European war the operation of ves- Sels On the part of any such corporation in which the United States is then a stockholder shall cease and the said corporation stand dissolved. The date of the COInclusion of the war shall be declared by proclama- tion of the President. The vessels and other prop-- Crty of any such corporation shall revert to the board. The board may sell, lease, or charter such vessels as provided in section seven and shall dispose of the property Other than vessels on the best available terms and, after payment of all debts and obligations, deposit the proceeds thereof in the Treasury to its Credit. All Stock in such corporations owned by oth- ers than the United States at the time of dissolution Shall be taken over by the board at a fair and reason- able Value and paid for with funds to the credit of the board. In case of disagreement, such value shall be determined in the manner provided in Section ten. (Sept. 7, 1916, c. 451, § 11, 39 Stat. 731.) $ 8146ff. Investigations as to cost of merchant vessels—The board shall investigate the relative cost Of building merchant vessels in the United States and in foreign maritime countries, and the relative Cost, advantages, and disadvantages of operating in the foreign trade vessels under United States reg- istry and under foreign registry. It shall examine the rules under which vessels are constructed abroad and in the United States, and the methods of Classi- fying and rating same, and it shall examine into the Subject of marine insurance, the number of compa- nies in the United States, domestic and foreign, en- gaging in marine insurance, the Cxtent of the insur- ance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies, and ascertain what steps may be necessary to develop an ample marine insurance System as an aid in the de- velopment of an Annerican merchant marine. It shall examine the navigation laws of the United States and the rules and regulations thereunder, and make such recommendations to the Congress as it deems proper for the amendment, improvement, and revi- sion of such laws, and for the development of the American merchant marine. It shall investigate the legal status Of Imortgage loans On Vessel property, with a view to means of improving the security of Such loans and Of encouraging investment in Ajmer- ican shipping. It shall, on or before the first day of December in each year, make a report to the Congress, which shall include its recommendations and the results Of its investigations, a summary Of its transactions, and a statement Of all expenditures and receipts under this Act, and of the operations of any corporation in which the United States is a stockholder, and the names and Compensation of all persons employed by the board. (Sept. 7, 1916, c. 451, § 12, 39 Stat. 732.) 3 8146g (Tit. 50A MERCHANT MARINE IFage 1276I § 81.46g. Limitation of liabilities incurred un- der act; payment of proceeds of bonds into Treas- Tºry—For the purpose of carrying out the provisions Of sections five and eleven no liability shall be incur- red exceeding a total of $50,000,000. * * The proceeds of such bonds and the net proceeds of all sales, charters, and leases of vessels and of Sales of stock made by the board, and all other mon- eys received by it from any SOUIrce, shall be COvered into the Treasury to the credit of the board, and are hereby permanently appropriated for the purpose of Carrying Out the provisions of sections five and elev- en. (Sept. 7, 1916, c. 451, § 13, 39 Stat. 732.) See § 6829c. $ 81.46gg. Common carriers by water giving deferred rebates; using a “fighting ship”; re- taliatory discrimination; discriminatory con- tracts—No common carrier by Water shall directly Or indirectly— First. Pay, or allow, or enter into any combina- tion, agreement, or understanding, express Or implied, to pay or allow, a deferred rebate to any shipper. The term “deferred rebate” in this Act means a re- turn of any portion of the freight money by a carrier to any shipper as a consideration for the giving Of all Or any portion of his shipments to the Same Or any other carrier, or for any other purpose, the pay- ment of which is deferred beyond the completion. Of the service for which it is paid, and is made Only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement Or arrangement. Second. Use a fighting ship either separately or in Conjunction with any other Carrier, through agree- ment or otherwise. The term “fighting ship” in this Act means a vessel used in a particular trade by a carrier or group of carriers for the purpose of ex- cluding, preventing, or reducing competition by driv- ing another carrier Out of said trade. Third. Retaliate against any shipper by refusing, Or threatening to refuse, Space accommodations When Such are available, or resort to other discriminating or unfair methods, because such shipper has patroniz- ed any other carrier Or has filed a COmplaint Charging unfair treatment, or for any other reason. Fourth. Make any unfair or unjustly discrimina- tory contract with any shipper based on the volume of freight offered, or unfairly treat or unjustly dis- criminate against any shipper in the matter Of (a) cargo space accommodations or other facilities, due regard being had for the proper loading of the vessel and the available tonnage; (b) the loading and land- ing of freight in proper condition; or (c) the adjust- ment and settlement of Claims. Any carrier who violates any provision of this sec- tion shall be guilty of a misdemeanor punishable by a fine of not more than $25,000 for each offense. (Sept. 7, 1916, c. 451, § 14, 39 Stat. 733.) § 8146.h. Contracts between carriers filed with board; disapproval of contracts; pre-existing contracts; exception from Act July 2, 1890, and amendments—Every common Carrier by Water, Or other person subject to this Act, shall file immediate- ly with the board a true copy, or, if oral, a true and complete memorandum, of every agreement, with an- other such carrier or other person subject to this Act, or modification or cancellation thereof, to which it may be a party or conform in whole Or in part, fix- ing or regulating transportation rates or fares; giv- ing or receiving special rates, accommodations, or other special privileges or advantages; COntrolling, regulating, preventing, or destroying Competition ; pooling or apportioning earnings, losses, Or traffic ; allotting ports or restricting or otherwise regulating the number and character of sailings between ports; limiting or regulating in any way the volume or character Of freight or passenger traffic to be car- ried ; or in any manner providing for an exclusive, preferential, or cooperative working arrangement. The term “agreement” in this section includes under- Standings, COInferences, and other arrangements. The board may by Order disapprove, cancel, Or modify any agreement, Or any modification or cancel- lation thereof, whether or not previously approved by it, that it finds to be unjustly discriminatory or . unfair as between carriers, shippers, exporters, im- porters, Or ports, Ol' between exporters from the Unit- ed States and their foreign competitors or to operate to the detriment of the commerce of the United States, or to be in violation of this Act, and shall approve all other agreements, modifications, or can- Cellations. Agreements existing at the time of the organiza- tion Of the board shall be lawful until disapproved by the board. It shall be unlawful to carry out any agreement Or any portion thereof disapproved by the board. All agreements, modifications, or cancellations made after the Organization of the board shall be lawful 'Only when and as long as approved by the board, and before approval or after disapproval it Shall be unlawful to carry out in whole or in part, directly Or indirectly, any such agreement, modifica- tion, Or cancellation. Every agreement, modification, or cancellation law- ful under this section shall be excepted from the provisions Of the Act approved July second, eighteen hundred and ninety, entitled “An Act to protect trade and COmmerce against unlawful restraints and mon- Opolies,” and amendments and Acts supplementary thereto, and the provisions of sections seventy-three to Seventy-seven, both inclusive, of the Act approved August twenty-seventh, eighteen hundred and ninety- four, entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” and amendments and Acts supplementary thereto. Whoever violates any provision of this Section Shall be liable to a penalty of $1,000 for each day such violation continues, to be recovered by the United States in a civil action. (Sept. 7, 1916, c. 451, § 15, 39 Stat. 733.) § 8146]hli. Discriminatory acts prohibited—ſt shall be unlawful for any common carrier by water, or other person subject to this Act, either alone or in conjunction with any other person, directly or indirectly— First. To make or give any undue or unreasonable preference Or advantage to any particular person, locality, Or description of traffic in any respect what- soever, Or to subject any particular person, locality, Or description of traffic to any undue or unreason- able prejudice or disadvantage in any respect what- SOGVer”. Second. To allow any person to obtain transporta- tion for property at less than the regular rates then established and enforced on the line Of Such Car- rier, by means of false billing, false classification, false weighing, false report of weight, or by any oth- er UInjust Or unfair device Or means. Third. To induce, persuade, or otherwise influence any marine insurance company or underwriter, or agent thereof, not to give a competing carrier by Water as favorable a rate Of insurance On Vessel Or cargo, having due regard to the class of vessel or cargo, as is granted to such carrier or other person subject to this Act. (Sept. 7, 1916, c. 451, § 16, 39 Stat. 734.) § 8146i. Discriminatory rates prohibited; cor- rection by board; supervision of regulations of carrier—No common carrier by water in foreign COm- merce shall demand, charge, or collect any rate, fare, or charge which is unjustly discriminatory between shippers or ports, or unjustly prejudicial to exporters of the United States as compared with their foreign competitors. Whenever the board finds that any such rate, fare, or charge is demanded, charged, or collected Tit. 50A) 3 8146kk MERCHANT MARINE IPage 12771 it may alter the same to the extent necessary to Cor- rect such unjust discrimination or prejudice and make an order that the carrier shall discontinue demanding, charging, or collecting any such unjustly discrimina- tory or prejudicial rate, fare, or charge. Every such carrier and every other person Subject to this Act shall establish, observe, and enforce just and reasonable regulations and practices relating to or connected with the receiving, handling, storing, or de- livering of property. Whenever the board finds that any such regulation or practice is unjust or unreason- able it may determine, prescribe, and order enforced a just and reasonable regulation or practice. (Sept. 7, 1916, c. 451, § 17, 39 Stat. 734.) § 8146.ii. Common carriers to establish sched- ule of rates and reasonable regulations for con- duct of business; filing; charge of more than maximum rates—Every common carrier by Water in interstate Commerce shall establish, observe, and en- force just and reasonable rates, fares, charges, Classi- fications, and tariffs, and just and reasonable regula- tions and practices relating thereto and to the issu- ance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, mark- ing, packing, and delivering property for transporta- tion, the Carrying of personal. sample, and excess bag- gage, the facilities for transportation, and all other matters relating to or connected with the receiving," handling, transporting, storing, or delivering of prop- erty. Every Such carrier Shall file with the board and keep Open to public inspection, in the form and man- ner and within the time prescribed by the board, the maximum rates, fares, and charges for or in connection with transportation between points on its own route; and if a through route has been established, the maxi- Imum rates, fares, and Charges for Or in Connection With transportation between points on its own route and points on the route of any other carrier by water. NO Such carrier shall demand, charge, or collect a greater compensation for such transportation than the rates, fares, and charges filed in Compliance with this Section, except with the approval of the board and after ten days’ public notice in the form and manner preScribed by the board, stating the increase proposed to be made ; but the board for good cause shown may Waive such notice. Whenever the board finds that any rate, fare, charge, classification, tariff, regulation, or practice, demanded, Charged, Collected, or Observed by Such Carrier is un- just or unreasonable, it may determine, prescribe, and Order enforced a just and reasonable maximum rate, fare, or charge, Or a just and reasonable classification, tariff, regulation, or practice. (Sept. 7, 1916, c. 451, § 18, 39 Stat. 735.) § 8146.iii. Rates reduced not to be increased without approval of board—Whenever a common Carrier by Water in interstate commerce reduces its rates on the carriage of any species of freight to or from Competitive points below a fair and remunerative basis with the intent of driving out or otherwise in- juring a competitive carrier by water, it shall not in- crease such rates unless after hearing the board finds that such proposed increase rests upon changed Con- ditions other than the elimination of said competition. (Sept. 7, 1916, c. 451, § 19, 39 Stat. 735.) § 8146.j. Acquiring of information prejudicial to shipper—It shall be unlawful for any common carrier by water or other person subject to this Act, Or any Officer, receiver, trustee, lessee, agent, Or em- ployee of such carrier or person, or for any other per- son authorized by such carrier or person to receive information, knowingly to disclose to or permit to be acquired by any person other than the shipper or Con- signee, without the consent of such shipper or con- signee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such common carrier or other person subject to this Act for transportation in interstate or foreign commerce, which information may be used to the detriment or prejudice of Such shipper or consignee, or which may improperly dis- close his business transactions to a competitor, Or which may be used to the detriment or prejudice of any carrier; and it shall also be unlawful for any person to solicit or knowingly receive any such infor- mation which may be so used. Nothing in this Act shall be construed to prevent the giving of such information in response to ‘any legal process issued under the authority of any COurt, or to any officer or agent of the Government of the United States, or of any State, Territory, District, or possession thereof, in the exercise of his powers, ( r to any officer or other duly authorized person seeking Such information for the prosecution of persons Charg— ed with or suspected of Crime, or to another carrier, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the Ordinary COUrse Of busi- ness of such carriers. (Sept. 7, 1916, c. 451, § 20, 39 Stat. 735.) § 8146.jj. Requirement by board of reports from carriers; failure to report; false report- The board may require any common carrier by Water, or other person subject to this Act, or any officer, re- ceiver, trustee, lessee, agent, or employee thereof, to file With it any periodical or special report, or any ac- COunt, record, rate, or charge, or any memorandum Of any facts and transactions appertaining to the busi- neSS Of Such carrier or other person subject to this Act. Such report, account, record, rate, charge, or Imemorandum shall be under oath whenever the board SO requires, and shall be furnished in the form and within the time prescribed by the board. Whoever fails to file any report, account, record, rate, charge, Or memorandum as required by this section shall for- feit to the United States the sum of $100 for each day of such default. Whoever willfully falsifies, destroys, mutilates, or alters any such report, account, record, rate, charge, Or memorandum, Or willfully files a false report, ac- count, record, rate, charge or memorandum shall be guilty of a misdemeanor, and subject upon conviction to a fine Of not more than $1,000, or imprisonment for not more than One year, Or to both Such fine and im- prisonment. (Sept. 7, 1916, c. 451, § 21, 39 Stat. 736.) § 81461s. Complaints to board of acts of com- mon carrier by water; investigations—Any perSOn may file with the board a sworn complaint Setting forth any violation of this Act by a common Carrier by water, or other person subject to this Act, and ask- ing reparation for the injury, if any, caused thereby. The board shall furnish a copy of the complaint to such carrier or other person, who shall, within a rea- sonable time Specified by the board, Satisfy the COm- plaint or answer it in writing. If the complaint is not satisfied the board shall, except as otherwise pro- vided in this Act, investigate it in such manner and by such means, and make such order as it deems prop- er. The board, if the complaint is filed within two years after the cause of action accrued, may direct the payment, on or before a day named, of full repa- ration to the complainant for the injury caused by Such violation. The board, upon its own motion, may in like manner and, except as to orders for the payment of money, with the same powers, investigate any violation of this Act. (Sept. 7, 1916, c. 451, § 22, 39 Stat. 736.) § 81461, lx. Orders made only after full hear- ing—Orders of the board relating to any violation Of this Act shall be made only after full hearing, and upon a sworn complaint or in proceedings instituted of its own motion. All orders of the board other than for the pay- ment of money made under this Act shall continue in force for such time, not exceeding tWO years, as shall be prescribed therein by the board, unless SuS- 3 8146l (Tit. 50A MERCHANT MARINE) [Page 1278] pended, modified, or set aside by the board or any Court of Competent jurisdiction. (Sept. 7, 1916, C. 451, § 23, 39 Stat. 736.) § 81461. Records of board; copies; publica- tion of reports; evidence—The board shall enter of record a written report of every investigation made under this Act in which a hearing has been held, stating its conclusions, decision, and Order, and, if reparation is awarded, the findings of fact on which the award is made, and shall furnish a copy of such report to all parties to the investigation. The board may publish such reports in the form best adapted for public information and use, and such authorized publications shall, without further proof or authentication, be competent evidence Of Such reports in all Courts Of the United States and of the States, Territories, Districts, and possessions thereof. (Sept. 7, 1916, c. 451, § 24, 39 Stat. 736.) § 8146ll. Reversal, suspension or modifiea- tion of orders; rehearings—The board may reverse, Suspend, Or modify, upon such notice and in such nlanner as it deems proper, any Order made by it. Upon application of any party to a decision or order it may grant a rehearing of the same or any matter determined therein, but no such application for Or allowance of a rehearing shall, except by special order of the board, operate as a stay of such order. (Sept. 7, 1916, c. 451, § 25, 39 Stat. 736.) § 81.46m. Investigation by board as to acts of foreign governments; report to President— The board shall have power, and it shall be its duty Whenever Complaint shall be made to it, to investi- gate the action. Of any foreign government with re- spect to the privileges afforded and burdens imposed upon vessels of the United States engaged in foreign trade whenever it shall appear that the laws, regula- tions, or practices of any foreign Government Oper- ate in such a manner that vessels of the United States are not accorded equal privileges in foreign trade with vessels of such foreign countries or vessels of Of her foreign COuntries, either in trade to Or from the ports of such foreign country or in respect of the passage Or transportation through such foreign coun- try of passengers or goods intended for shipment or transportation in such vessels of the United States, either to or from ports of such foreign country or to Or from ports of other foreign countries. It shall be the duty Of the board to report the results of its investigation to the President with its recommenda- tions and the President is hereby authorized and em- powered to secure by diplomatic action equal privi- leges for vessels of the United States engaged in Such foreign trade. And if by such diplomatic action the President shall be unable to secure such equal privileges then the President shall advise Congress as to the facts and his conclusions by special mes- Sage, if deemed important in the public interest, in order that proper action may be taken thereon. (Sept. 7, 1916, c. 451, § 26, 39 Stat. 787.) $ 8146mm. Attendance of witnesses and pro- duction of books and papers; subpoenas; fees and mileage; compelling obedience to subpoenas—For the purpose of investigating alleged violations of this Act, the board may by subpoena compel the attend- ance of witnesses and the production of books, papers, documents, and other evidence from any place in the United States at any designated place of hearing. Subpoenas may be signed by any commissioner, and Oaths Or affirmations may be administered, witnesses examined, and evidence received by any commission- er or examiner, or, under the direction of the board, hy anv nersion authorized under the laws of the United States or of any State, Territory, District, or DOSSession thereof to administer oaths. Persons so acting under the direction of the board and witnesses Shall, unless employees of the board, be entitled to the same fees and mileage as in the courts of the United States. Obedience to any such Subpoena shall, On application by the board, be enforced as are or. ders of the board other than for the payment of money. (Sept. 7, 1916, c. 451, § 27, 39 Stat. 737.) $ 81.46m. Immunity of witnesses—No perSOn Shall be excused, on the ground that it may tend to in Criminate him or subject him to a penalty or for- feiture, from attending and testifying, or producing books, papers, documents, and other evidence, in Obedience to the subpoena of the board or of any Court in any proceeding based upon or growing out Of any alleged violation of this Act; but no natural person shall be prosecuted or subjected to any pen- alty or forfeiture for Or on account of any transac- tion, matter, or thing as to which, in obedience to a Subpoena and under Oath, he may SO testify or produce evidence, except that no person shall be exempt from prosecution and punishment for perjury Committed in so testifying. (Sept. 7, 1916, c. 451, § 28, 39 Stat. 737.) § 81.46mra. Enforcement of orders of board— In case of violation of any order of the board, other than an Order for the payment of money, the board, Or any party injured by Such violation, or the At- torney General, may apply to a district court having jurisdiction of the parties; and if, after hearing, the COurt determines that the Order Was regularly made and duly issued, it shall enforce obedience thereto by , a writ of injunction or other proper process, manda- tory or otherwise. (Sept. 7, 1916, c. 451, § 29, 39 Stat. 737.) § 81460. Violation of orders of board for pay- ment of money; remedy—In case of violation of any order of the board for the payment of money the person to whom such award Was made may file in the district Court for the district in Which Such per- son resides, or in which is located any office of the carrier or other person to whom the Order was di- rected, or in which is located any point of call on a regular route Operated by the Carrier, or in any court of general jurisdiction of a State, Territory, District, or possession of the United States having jurisdiction of the parties, a petition or suit setting forth briefly the causes for which he claims dam- ages and the order of the board in the premises. In the district Court the findings and Order Of the board Shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs, nor shall he be liable for costs at any sub- Sequent stage of the proceedings unless they accrue upon his appeal. If a petitioner in a district court finally prevails, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as part of the costs of the suit. All parties in whose favor the board has made an award of reparation by a single Order may be joined as plaintiffs, and all other parties to such order may be joined as defendants, in a single suit in any dis- trict in which any One such plaintiff could maintain a Suit against any One such defendant. Service of process against any such defendant not found in that district may be made in any district in which is lo- cated any office of, or point of call on a regular route Operated by, such defendant. Judgment may be en- tered in favor of any plaintiff against the defendant liable to that plaintiff. No petition or suit for the enforcement of an Or- der for the payment of money shall be maintained un- less filed within One year from the date of the Order. (Sept. 7, 1916, c. 451, § 30, 39 Stat. 737.) § 814.600. Venue and procedure in suits to en- force, suspend, or set aside orders of board–The Venue and procedure in the courts Of the United States in suits brought to enforce, suspend, or set aside, in whole or in part, any order of the board shall, except as herein otherwise provided, be the same as in simi- lar suits in regard to orders of the Interstate Com- merce Commission, but such suits may also be main- tained in any district Court having jurisdiction. Of the parties. (Sept. 7, 1916, c. 451, § 31, 39 Stat. 738.) Tit. 50A) # 8146t MERCHANT MARINE [Page 1279] § 8146.p. Penalty for violation of act—Who- ever violates any provision of this Act, except where a different penalty is provided, shall be guilty of a misdemeanor, punishable by fine of not to exceed $5,000. (Sept. 7, 1916, c. 451, § 32, 39 Stat. 738.) $ 8146 pp. Act not to affect powers of inter- state commerce commission; intrastate com- merce—This Act shall not be construed to affect the pOWer Or jurisdiction. Of the Interstate Commerce Com- mission, nor to confer upon the board concurrent pow- er or jurisdiction over any matter within the power Or jurisdiction of such commission; nor shall this Act be construed to apply to intrastate commerce. (Sept. 7, 1916, c. 451, § 33, 39 Stat. 738.) § 81464. Partial invalidity of act—If any pro- Vision of this Act, or the application of such provi- Sion to certain circumstances, is held unconstitution- al, the remainder of the Act, and the application of Such provision to circumstances other than those as to Which it is held unconstitutional, shall not be af- fected thereby. (Sept. 7, 1916, c. 451, § 34, 39 Stat. 738.) $ 81461. Refusal of clearance of vessel refus- ing to accept trade—The Secretary of the Treasury is authorized to refuse a clearance to any vessel or Other vehicle laden with merchandise destined for a Other Officer of Such vessel or other vehicle refuses or declines to accept or receive freight or cargo in good COndition tendered for such port Of destination or for Some intermediate port of call, together with the proper freight or transportation charges therefor, by any citi- Zen of the United States, unless the same is fully laden and has no space accommodations for the freight or Cargo so tendered, due regard being had for the proper loading of such vessel or vehicle, or unless such freight Or Cargo Consists of merchandise for which such vessel or vehicle is not adaptable. (Sept. 7, 1916, c. 451, § 36, 39 Stat. 738.) § 8146rr. Seizure of vessels owned by corpo- rations, citizens or subjects of nations with which United States is at war; operation, lease or charter thereof—That the President be, and he is hereby, authorized to take over to the United States the immediate possession and title of any vessel with- in the jurisdiction thereof, including the Canal Zone and all territories and insular possessions of the Unit- ed States except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in Whole Or in part by any corporation, citizen, or sub- ject of any nation with which the United States may be at War when such vessel shall be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipality thereof; and, through the United States Shipping Board, Or any department or agency of the Govern- ment, to Operate, lease, Charter, and equip such vessel in any service of the United States, or in any com- merce, foreign or coastwise. (May 12, 1917, c. 13, § 1, 40 Stat. 75.) $ 8146s. Same; board of survey to determine value of vessels seized—The Secretary of the Navy be, and he is hereby, authorized and directed to ap- point, Subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appur- tenances, and all property contained therein, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his depart- ment. These findings shall be considered as compe- tent evidence in all proceedings on any claim for com- pensation. (May 12, 1917, c. 13, § 2, 40 Stat. 75.) $ 8146t. Purchase, condemnation or lease of land to house employés; construction and lease of houses; loans to provide houses; payment of compensation; definitions; appropriation; con- tracts; report to Congress—The United States Ship- ping Board Emergency Fleet Corporation is hereby au- thorized and empowered within the limits Of the amounts herein authorized— (a) To purchase, lease, requisition, including the req- uisition of the temporary use of, or acquire by COn- demnation or otherwise any improved or unimproved land, Or any interest therein Suitable for the COnstruc- tion thereon of houses for the use of employees and the families of employees Of Shipyards in which ships are being Constructed for the United States. (b) TO Construct on such land for the use of such employees and their families houses and all other ineC- essary or convenient facilities, upon such conditions and at such price as may be determined by it, and to Sell, lease, or exchange such houses, land, and facil- ities upon Such terms and conditions as it may deter- Iſll Ilê. (c) To purchase, lease, requisition, including the req- uisition Of the temporary use of, or acquire by Condem- nation or Otherwise any houses or other buildings for the use of Such employees and their families, together With the land on which the same are erected, or any interest therein, all necessary and proper fixtures and furnishings therefor, and all necessary and convenient facilities incidental thereto; to manage, repair, sell, —lease, or exchange. Such lands, houses, buildings, fix- tures, furnishings and facilities upon such terms and Conditions as it may determine to carry out the pur- poses Of this Act. (d) To make loans to persons, firms, or corporations in Such manner upon such terms and security, and for Such time not exceeding ten years, as it may de- termine to provide houses and facilities for the em- ployees and the families of employees of such shipyards. Whenever said United States Shipping Board Emer- gency Fleet Corporation shall acquire by requisition Or Condemnation such property or any interest there- in, it Shall determine and make just compensation therefor, and if the amount thereof so determined is unSatisfactory to the person entitled to receive the Same, Such perSOn shall be paid seventy-five per Cen- tum of the amount so determined, and shall be enti- tled to Sue the United States to recover such further Sum as added to such seventy-five per centum will Imake Such an amount as will be just compensation for the property or interest therein so taken, in the man- ner provided by section twenty-four, paragraph twenty, and Section One hundred and forty-five of the Judi- Cial Code. Whenever the said United States Shipping Board Emergency Fleet Corporation shall requisition any property or rights, or upon the filing of a petition for Condemnation hereunder, immediate possession may be taken by it of such land, houses, or other property, rights, and facilities, to the extent of the interests to be acquired therein, and the same may be immediately OCCupied and used, and the provisions of Section three hundred and fifty-five of the Revised Statutes, provid- ing that no public money shall be expended upon such land until the written opinion of the Attorney Gener- al shall be had in favor of the validity of the title nor until the Consent of the legislature of the State in which the land is located has been given, shall be. and the same are hereby, suspended, as to all land acquired hereunder. The power to acquire property by purchase, lease, requisition, or COndemnation, or to Construct houses, or other buildings, and to make loans, or otherwise extend aid as herein granted shall cease with the ter- mination of the present war with Germany. The date of the conclusion of the war shall be declared by proclamation of the President. The word “person” used herein shall include a trustee, firm, or corporation. The word “shipyard” shall include any factory, workshop, warehouse, en- gine works, buildings, or grounds used for manufac- turing, assembling, construction, or other process in 3 8146t (Tit. 50A MERCHANT MARINE) IPage 1280T shipyards and dockyards and discharging terminals, and other facilities connected there with, now or here- after used in connection with shipbuilding. For the purpose of carrying out the provisions of this Act the expenditure of $50,000,000 is hereby au- thorized, and in executing the authority granted by this Act, the said United States Shipping Board Emer- gency Fleet Corporation shall not expend or obligate the United States to expend more than the said sum, nor shall any contract for construction be entered into Which provides that the compensation of the contrac- tor Shall be the cost of construction plus a percentage thereof for profit, unless such contract shall also fix the reasonable cost of such construction as determin- ed by the United States Shipping Board Emergency Fleet Corporation and provide that upon any increase in Cost above the reasonable cost so fixed by such board, the percentage of profit shall decrease as the COst increases in accordance with a rate to be fixed by said board and expressed in the contract. No Con- tract shall be let without the approval of the United States Shipping Board Emergency Fleet Corporation: Provided, however, That nothing herein contained shall be COnstrued to prevent said board from GOn- tracting for the payment of premiums Or bonuses for the Speedy Completion of the work contract- ed for: Provided further, That the United States Ship- ping Board Emergency Fleet Corporation shall report to Congress on the first Monday in December of each year the names of all persons or corporations with Whom it has made contracts and of such subcontrac- tors as may be employed in furtherance of this Act, in- cluding a statement of the purposes and amounts there- of, together with a detailed statement of all expendi- tures by contract or otherwise for land, buildings material, labor, Salaries, commissions, demurrage, or other charges in excess of $10,000. (March 1, 1918, c. 19, 40 Stat.) –4 TITLE LI–REGULATION OF FISHERIES Sec. 8147. Agreement for fishing voyage. 8148. Penalty for violating agreement. 8149. Recovery of shares of fish under agreement. 8150. Discharge of vessel on bond by owner. § 81.47. Agreement for fishing voyage—The master of any vessel of the burden of twenty tons Or upward, qualified according to law for carrying on the bank and other cod fisheries, or the mackerel-fishery, bound from a port of the United States to be employ- ed in any such fishery, at sea, shall, before proceeding On Such fishing-Voyage, make an agreement in Writing with every fisherman who may be employed therein, except only an apprentice Or servant Of himself Or Owner, and, in addition to such terms of shipment as may be a greed on, shall, in such agreement, express whether the same is to continue for One Voyage or for the fishing-Season, and shall also express that the fish Or the proceeds of such fishing-voyage or VOyages which may appertain to the fishermen shall be divided among them in proportion to the quantities or number of such fish which they may respectively have caught. Such agreement shall be indorsed or countersigned by the owner of such fishing-vessel or his agent. (R. S. $ 4391.) See §§ 8068, 8069. § 8.148. Penalty for violating agreement—If any fisherman, having engaged himself for a voyage Or for the fishing-season in any fishing-Vessel and signed an agreement therefor, thereafter and while such agreement remains in force and to be performed deserts or absents himself from SIICh vessel without leave Of the master thereof, Or Of the Owner Or his agent, Such deserter shall be liable to the same pen- alties as deserting Seamen are subject to in the mer- chant service, and may in the like manner, and upon the like complaint and proof, be apprehended and de- tained ; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish or proceeds of any fishing-voyage to which Such deserter had Or Shall become entitled. Every fisherman, having so engaged himself, who dur- ing such fishing-voyage refuses or neglects his proper duty On board the fishing-vessel, being thereto Order- ed or required by the master thereof, or otherwise re- sists his jbist Commands to the hinderance Or detri- ment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public al- lowance which may be paid upon such voyage. $ 4392.) $ 8149. Recovery of shares of fish under agree- ment—Whenever an agreement or contract is so made and signed for a fishing-Voyage or for the fish- ing-SeaSOn, and any fish caught on board such vessel during the same are delivered to the Owner or to his agent, for Cure, and sold by such owner or agent, such Vessel shall, for the term Of Six months after Such Sale, be liable for the master's and every other fisher- man’s share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable, and may be proceed- ed against for the Wages of seamen or mariners in the merchant service. Upon such proceeding for the value of a share or shares of the proceeds of fish so deliver- ed and sold it shall be incumbent on the owner or his agent to produce a just account of the Sales and divi- SiOn Of Such fish according to Such agreement or con- tract; otherwise the vessel shall be answerable upon Such proceeding for what may be the highest value of the shares demanded. But in all cases the Owner of Such vessel or his agent, appearing to answer in such proceeding, may offer thereupon his account of general Supplies made for such fishing-voyage and of other supplies therefor made to either of the demandments, and Shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such proceeding for the respec- tive balances which upon such an inquiry shall ap- pear. (R. S. $ 4393.) § 8150. Discharge of vessel on bond by owner —When process shall be issued against any vessel so liable, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the Satisfac- tion Of tWO justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first ap- pointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an im- mediate discharge of such vessel. Nothing in this Or the preceding section shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof. (R. S. § 4394.) (R. S. TITLE LII—REGULATION OF STEAM—VESSELS Chap. Sec. 1. Inspection • * * * * e e s e s e e º e s e s a e e s > g. e. e. e º e º e º e º e º 'º e º s 8151 Sec. Chapter One—Inspection 8151. What are steam-vessels. * 8152. Vessels subject to provisions of Title; reciprocal ac- ceptance of foreign certificates of inspection; fees. 8153. Vessels navigating coastwise and on Great Lakes. 8154. Irondequoit Bay a navigable Water. 8155. Supervising inspector-general, qualifications and ap- pointment. 8156. Same; duties. 8157. Supervising inspectors, qualifications and appointment. 8158. Same; designation of officer to perform duties of absent inspector. 8159. Same; meetings of board; assignment of districts; ex- ecutive Committee. 8160. Same; duties. 8161. Same; duties as to violations of law. 8162. Same; supervision of local boards. 8163. Same; supervision of districts not having inspectors. 8164. Same; reports to supervising inspector-general; exam- ination by general board. 8165. Same; regulations as to information to local inspectors. 8166. Same; regulations as to passing SteamerS. 8167. Same; penalty for violating regulations. 8168. Local inspectors; number and salaries; assistants; clerks; detail of assistants of one port or district for service in another; traveling expenses. 8169. Traveling expenses of inspectors:- - - - - - - - 8170. Qualifications and appointment of local inspectors. 8171. What persons are not eligible as inspectors or assist- ants. 8172. Hulls and equipments; exemption of vessels; enforce- ment of requirements. 8173. Boilers and appurtenances. 8174. Foreign vessels admitted to registry. 8175. Control of safety-valves and steam-registers. 8176. Amount of sleam pressure allowed freight-boats on Mis- sissippi. 8177. Same. 8178. Seagoing barges; certificates. 8179. Same; equipment with life-saving appliances. 8180. Same; certificate of inspection and equipment of barge required for registry, enrollment, or license. 8181. sº, invisating without certificate or equipment pre- SCI'l O €Cl. 8182. Certificate; temporary certificate; completion of Voyage after expiration. 8183. License to carry gunpowder. * 8184. Disposal of certificates. 8.185. Pºlº for carrying passengers or gunpowder contrary to law. 8186. Punishment for certifying falsely. 8187. Ferry boats, canal boats and yachts; steam launches; Imotor boats. 8188. Indians, residents of Metlakahtla, Alaska, entitled to licenses and to be owners of motor boats and other Craft although not citizens. 8189. Same; certificate of eligibility for license. 8190. Tug-boats and freight-boats. 8191. Construction of boilers. 8192. Same; punishment for improper construction. 8193, Boiler-plates. 8194. Same; stamping. 8195. Same; counterfeiting stamps. 8196. Pressure of steam allowable. 8197. Thickness of boiler plate, and space between flues. 8198. Space between flues in boilers in use prior to this act. 8199, Obstructing safety-valves. 8200. Licenses of oſficers by inspectors. 8201. Same; captain. 8202. Same; mates. 8203. Same; engineer. 8204. Same; pilot. 8205. Same; captain or mate as pilot. 8206. State regulation of pilots. 8207. Oath of licensed officers. 8208. Licenses; exhibition. 8209. Same; renewal. 8210. Licensed officers to assist inspectors in examinations ; dismissal of, inspector disclosing source of information. 8211. Revocation or suspension of officer's license for refusal to serve. 8212. Investigation of conduct of officers. 8213. Payment of marshal and witnesses. 8214. [Repealed.] 8214a. Appeals to supervising inspectors and to Supervising Inspector Ceneral; application for. 8214b. Same; powers of supervising inspectors and Supervis- ing Inspector General. 82.14c. Same; modification of decisions on review. 82.14d. Same; regulations. 8215. Re-inspections and notice for repairs; enforcement of requiren lentS. 8216. Penalty for failure to make repairs on notice. COMP. ST.’18—81 | Chap. Sec. 2. Transportation of passengers and merchandise... 8225 Sec. 8217. Effect of decisions by inspectors. 8218. In districts not having inspectors. 8219. Records and reports by local inspectors. 8220. Fees. 8221. Fees for inspection and examinations. 8222. Instruments, stationery and printing for local boards. 8223. Repeal of permanent indefinite appropriation for salaries and contingent expenses of Steamboat Inspection Serv- ice; estimates by Secretary of Commerce. 8224. Regulations made by Secretary of the Treasury. $ 8151. What are steam-vessels—Every vessel propelled in Whole or in part by steam shall be deem- ed a steam-Vessel within the meaning of this Title. (R. S. $ 4399.) § 81.52. Vessels subject to provisions of Title; reciprocal acceptance of foreign certificates of inspection; fees—All steam vessels navigating any Waters Of the United States which are common highWays Of commerce or open to general or com- petitive navigation, excepting public vessels of the United States, véssels of other countries, and boats. -propelled-in whole or in part by steam for navigat- ing Canals, Shall be subject to the provisions of this title. And all foreign private steam vessels carrying pas- Sengers from any port of the United States to any Other place Or COuntry shall be subject to the provi- Sions Of Sections forty-four hundred and seventeen, forty-four hundred and eighteen, forty-four hundred and twenty-One, forty-four hundred and twenty-two, forty-four hundred and twenty-three, forty-four hun- dred and twenty-four, forty-four hundréd and Seventy, forty-four hundred and seventy-one, forty-four hun- dred and seventy-two, forty-four hundred and seven- ty-three, forty-four hundred and seventy-nine, forty- four hundred and eighty-two, forty-four hundred and eighty-eight, forty-four hundred and eighty-nine, forty- four hundred and ninety-six, forty-four hundred and ninety-Seven, forty-four hundred and ninety-nine, and forty-five hundred of this title, and shall be liable to visitation and inspection by the proper Officer, in any of the ports or the United States, respecting any of the provisions of the sections aforesaid: Provided, however, That when such foreign passenger steamers belong to countries having inspection laws approxi- mating those of the United States, and have unexpir- ed certificates of inspection issued by the proper au- thorities in the respective Countries to Which they be- long, they shall be subject to no other inspection than necessary to Satisfy the local inspectors that the COn- dition of the vessel, her boilers, and life-Saving equip- ments are as stated in the current Certificate of in- spection ; but no such certificate of inspection shall be accepted as evidence of lawful inspection except when presented by steam vessels of other Countries which have by their laws accorded to the steam ves- sels of the United States visiting such countries the same privilege accorded herein to the steam vessels of such countries visiting the United States; it be ing further provided that there shall be collected and paid into the Treasury of the United States the same fees for the inspection of foreign passenger steamers carrying passengers from the United States that any foreign nation shall charge the merchant vessels of the United States trading to the ports of such na tionality; it being further provided that the Secretary of Commerce [and Labor] shall have the power to waive at any time the collection of Such fees upon due notice of the proper authorities of any country con- Cerned that the COllection of fees for the inspection of AmeriCam Steam merchant Vessels has been discon- tinued. IPage 12811 | 3 8152 (Tit. 52 REGULATION OF STEAM—VESSELS [Page 1282] It is further provided that the Secretary of Com- merce [and Labor] may, in his discretion, permit any foreign passenger steamer coming within the provi- SiOns of this Act whose foreign certificate of inspec- tion shall have expired at sea since "last leaving the Country to which said vessel belongs, or while said Vessel shall have been in a port of the United States, to Sail upon her regular route Without undergoing any further inspection than would have been re- quired had said foreign certificate of inspection been in force: Provided, however, That such discretion shall be exercised only with respect of vessels oper- ated upon regularly established lines, and in Cases Where such foreign passenger Steamers Will be regu- larly inspected by the authorities of her home govern- ment before her next return to a port of the United States. (R. S. § 4400, amended, Aug. 7, 1882, c. 441, § 1, 22 Stat. 346, March 1, 1895, c. 146, § 1, 28 Stat. 699, Feb. 15, 1902, c. 23, 32 Stat. 34, and March 17, 1906, c. 955, § 1, 34 Stat. 68.) The word “or’’ in the clause preceding the first pro- viso, in the words “in any of the ports or the United States” is obviously intended for “of.” Words in brack- ets superseded by § 932. R. S. §§ 4417, 44:18, 4421-4424, 4470- 4473, 4479, 4482, 4488, 4496, 4497, 4499, 4500, are $$ 817.2, 81.73, 8182-8185, 8240–8243, 8249, 8252, 8258, 8272, 8273, 8275, 8276. R. S. § 4489, also mentioned was repealed. See § 8258. § 8153. Vessels navigating coastwise and on treat Lakes—All coastwise sea-going Vessels, and vessels navigating the great lakes, shall be subject to the navigation laws of the United States, when navi- gating within the jurisdiction thereof; and all ves- sels, propelled in whole or in part by Steam, and navi- gating as aforesaid, shall be subject to all the rules and regulations established in pursuance Of law for the government of steam-vessels in passing, as pro- vided by this Title; and every coastwise sea-going steam-vessel subject to the navigation laws Of the United States, and to the rules and regulations afore- said, not sailing under register, shall, When under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steam- boats. (R. S. § 4401.) § 8154. Irondequoit Bay a navigable water- Irondequoit Bay, New York, shall, for the purpose of applying the provisions of title fifty-two of the Revised Statutes, relating to steam-vessels navigat- ing thereon, be declared a navigable water of the United States; and steam-vessels navigated thereOn, and carrying passengers, shall be inspected under the provisions of section forty-four hundred and twenty- six of the title referred to, and subject to the pen- alties provided therein for a failure to comply there- with, (June 25, 1890, c. 616, 26 Stat. 180.) § 8.155. fications and appointment—There shall be a Super- vising inspector-general, who shall be appointed from time to time by the President, by and with the ad- vice and consent of the Senate, and Who Shall be Selected with reference to his fitness and ability to systematize and carry into effect all the provisions of law relating to the steamboat-inspection Service, and who shall be entitled to a salary Of three thousand five hundred dollars a year, and his reasonable travel- ing expenses, or mileage at the rate of ten Cents a mile, incurred in the performance of his duty. (R. S. § 4402.) § 8156. Same; duties—The Supervising inspec- tor-general shall, under the direction of the Secretary of the Treasury, Superintend the administration of the steamboat-inspection laws, preside at the meet- ings of the board of supervising inspectors, receive all reports of inspectors, receive and examine all ac- pounts of inspectors, report fully at Stated periods to the Secretary of the Treasury upon all matters per- taining to his official duties, and produce a correct and uniform administration of the inspection laws, rules, and regulations. (R. S. § 4403.) Jurisdiction of steamboat inspection service transferred to Department of Commerce by § 857. Supervising inspector-general; quali- ſ § 8157. Supervising inspectors; qualifications and appointment—There shall be ten supervising in- Spectors, Who shall be appointed by the President, by and With the advice and Consent of the Senate. Each of them shall be selected for his knowledge, skill, and practical experience in the uses of steam for naviga- tion, and shall be a competent judge of the character and qualities of steam-vessels, and of all parts of the machinery employed in steaming. Each supervising inspector shall be entitled to a salary of three thou- sand dollars a year, and his actual and reasonable traveling expenses at the rate of ten cents a mile, in- Curred in the performance of his duty, together with his actual and reasonable expenses for transportation Of instruments, which shall be certified and sworn to under such instructions as may be given by the Sec- retary of the Treasury. (R. S. § 4404.) See note to § 8156. § 81.58. Same; designation of officer to per- form duties of absent inspector—Hereafter in the Case of the absence Of any supervising inspector Of Steamboats from his official Station the Secretary of Commerce [and Labor] may designate some officer Of the Steamboat-Inspection Service to perform the duties of such Officer during his absence. (March 4, 1911, c. 237, § 1, 36 Stat. 1229.) Words in brackets superseded by § 932. § 8159. Same; meetings of board; assignment of districts; executive committee—The supervis- ing inspectors and the Supervising Inspector-General shall assemble as a board Once in each year at the city of Washington, District of Columbia, on the third Wednesday in January, and at such other times as the Secretary Of Commerce [and Labor] shall pre- scribe, for joint consultation, and shall assign to each of the supervising inspectors the limits of territory within which he shall perform his duties. The board Shall establish all necessary regulations required to carry Out in the most effective manner the provisions Of this title and also regulations, prohibiting useless and unnecessary Whistling, and Such regulations, When approved by the Secretary Of Commerce [and Labor], shall have the force of law. The supervising inspec- tor for the district embracing the Pacific coast shall not be under obligation to attend the meetings of the board oftener than Once in two years; but when he does not attend such meeting he shall make his Com- munications thereto, in the Way of a report, in Such manner as the board shall prescribe: Provided, That the Secretary Of Commerce [and Labor] may at any time call in Session, after reasonable public notice, a meeting of an executive Committee, to be compos- ed of the Supervising Inspector-General and any two supervising inspectors, which committee, with the ap- proval of the said Secretary, shall have power to al- ter, amend, add to, Or repeal any of the rules and regulations made, with the approval Of the Secre- tary of Commerce [and Labor], by the board of super- vising inspectors, either by virtue of this section or under any power granted by this title, or any amend- ments thereof, such alteration, amendment, addition, or repeal, when approved by the said Secretary, to have the force Of law and to Continue in effect until thirty days after the adjournment of the next meet- ing Of the board of Supervising inspectors. The fore- going powers of such executive committee, acting with the said Secretary, shall also extend to the approval Of the 'instruments, machines, and equipments refer- red to in section forty-four hundred and ninety-One of this title. (R. S. § 4405, amended, March 3, 1905, c. 1453, § 1, 33 Stat. 1022, and Feb. 8, 1907, c. 892, 34 Stat. 881.) - Words in brackets superseded by § 932. § 81.60. Same; duties—Each Supervising inspec- tor shall watch over all parts of the territory assign- ed to him, shall visit, confer with, and examine into the doings of the local boards of inspectors within his district, and shall instruct them in the proper per- formance of their duties; and shall, whenever he Ch. 1) REGULATION OF STEAM—VESSELS # 8168 IPage 12S3] thinks it expedient, visit any vessels licensed, and ex- amine into their condition, for the purpose of ascer- taining whether the provisions of this Title have been observed and Complied with, both by the board of in- Spectors and the master and owners. All masters, en- gineers, nuates, and pilots of such vessels shall answer all reasonable inquiries, and shall give all the infor- mation in their power in regard to any such vessel so visited, and her machinery for Steaming, and the Imalliner of Imanaging both. (R. S. § 4406.) § 8161. Same; duties as to violations of law- Whenever a Supervising inspector ascertains to his satisfaction that any master, mate, engineer, pilot. Or owner of any steam vessel fails to perform his du- ties according to the provisions of this Title, he shall report the facts in writing to the board of local in- Spectors in the district where the vessel was inspect- ed Or belongs; and, if need be, he shall cause the neg- ligent Or Offending party to be prosecuted ; and if the Supervising inspector has good reason to believe there has been, through negligence or any other cause, a failure of the board which inspected the vessel to do its duty, he shall report the facts in writing to the Secretary Of the Treasury ; who shall cause innmediate investigation into the truth Of the COImplaint, and, if he deems the Cause sufficient, shall relmove any officer found delinquent. (R. S. § 4407.) See note to § 8156. . § 8162. Same; supervision of local boards— The supervising inspectors shall see that the several boards of local inspectors within their respective dis- tricts execute their duties faithfully, promptly, and, as far as possible, uniformly in all places, by following out the provisions of this Title according to the true intent and meaning thereof; and they shall, as far as practicable, harmonize differences of Opinion exist- ing in different local boards. (R. S. § 4408.) § 8163. Šayme; supervision of districts not having inspectors—The supervising inspector Shall visit any collection-district in which there is at any time no board of inspectors, and within which steam- vessels are owned or employed. Each supervising in- spector shall have full power in any such district, Or in any district where, from distance or other cause, it is inconvenient to resort to the local board, to in- spect any steam-vessel and the boilers of such steam- er, and to grant certificates of approval, and to do and perform all the duties imposed upon local boards. (R. S. § 4409, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) $ 8164. Saane; reports to supervising inspec- tor-general; exaimination by general board—Each Supervising inspector shall report, in writing, at the end of each fiscal year to the Supervising InSpector General the general business transacted in his dis- trict during the year, embracing all violations of the laws regulating vessels, and the action taken in rela- tion to the same; all investigations and decisions by local inspectors; and all cases Of appeal and the re- Sult thereof. The board shall examine into all the acts of each supervising inspector and local board, and all complaints made against same, in relation to the performance of their duties under the law, and the judgment of the board in each Case shall be enter- ed upon their journal ; and the board Shall, as far as possible, correct mistakes where they exist. (R. S. § 4410, amended, May 22, 1912, c. 130, § 1, 37 Stat. 116.) § 8165. Same; regulations as to information to local inspectors—The board of Supervising inspec- tors shall establish Such regulations as may be neces- Sary to make known in a proper manner, to local in- spectors, the names of all persons licensed under the provisions of this Title, the names of all persons from whom licenses have been withheld, and the names Of all whose licenses have been Suspended Or revoked ; also the names Of all steam-vessels neglect- ing or refusing to make such repairs as may be ordered pursuant to law, and the names of all that º been refused certificates of inspection. (R. S. § .) $ 8166. Same; regulations as to passing steamers—The board of supervising inspectors shall establish Such regulations to be observed by all steam- Vessels in passing each other, as they shall from time to time deem necessary for safety; two printed Copies of such regulations, signed by them, shall be furnished to each of such vessels, and shall at all times be kept posted up in conspicuous places in such vessels. (R. S. § 44.12.) See § 8282. See, also, Title XLVIII. § 8,167. Same; penalty for violating regula- tions—Every pilot, engineer, mate, Or master Of any Steam-Vessel who neglectS or willfully refuses to Ob- Serve the regulations established in pursuance Of the preceding section, shall be liable to a penalty Of fifty dollars, and for all damages Sustained by any passen- ger, in his person or baggage, by Such neglect or re- fuSal. (R. S. § 4413.) & - $ 8.168. Local inspectors; number and salaries; assistants; clerks; detail of assistants of oxae port or district for service in another; travei- ing expenses—There shall be in each of the follow- ing" collection districts, namely, the districts of Phila- delphia, Pennsylvania ; San Francisco, California ; •New London, Connecticut; Baltimore, Maryland; De- troit, Michigan; – Chicago, Illinois; T Bangor, Maine: New Haven, Connecticut; Michigan, Michigan; Mil. waukee, Wisconsin; Willamette, Oregon; Puget Sound, Washington; Savannah, Georgia: L’ittsburg, Pennsyl- vania; Oswego, New York; Charleston, South Caro-' lina; Duluth, Minnesota; Superior, Michigan; Apa- lachicola, Florida; Galveston, Texas; Mobile, Ala- bama; Providence, Rhode Island, and in each of the fol- lowing ports: New York, New York; Jacksonville, Florida; Tampa, Florida; Portland, Maine; Boston, Massachusetts; Buffalo, New York; Cleveland, Ohio; Toledo, Ohio; Norfolk, Virginia; Evansville, Indiana; Dubuque, Iowa; Louisville, Kentucky; Albany, New York; Cincinnati, Ohio; Memphis, Tennessee; Nash- ville, Tennessee; Saint Louis, Missouri; Port Huron, Michigan; New Orleans, Louisiana; Los Angeles, California; Juneau, Alaska; Saint Michael, Alaska; Point Pleasant, West Virginia, and Burlington, Ver- mont, Honolulu, Hawaii, and San Juan, Porto Rico, One inspector of hulls and One inspector of boilers. The inspectors of hulls and the inspectors of boil- ers in the districts and ports enumerated in the pre- - ceding paragraph shall be entitled to the following Salaries, to be paid under the direction of the Secre- tary of Commerce [and Labor], namely: For the port of New York, New York, at the rate of two thousand five hundred dollars per year for each local inspector. For the districts of Philadelphia, Pennsylvania; Baltimore, Maryland; San Francisco, California, and Puget Sound, Washington, and the ports of Boston, Massachusetts; Buffalo, New York, and New Orleans, Louisiana, at the rate of two thousand two hundred and fifty dollars per year for each local inspector. For the districts of Michigan, Michigan; Mil- waukee, Wisconsin; Duluth, Minnesota; Providence, Rhode Island; Chicago, Illinois, and the ports of Al- bany, New York; Cleveland, Ohio; Portland, Maine; Los Angeles, California; Juneau, Alaska; Saint Micha- el, Alaska, and Norfolk, Virginia, Honolulu, Hawaii, and San Juan, Porto Rico, at the rate of two thou- sand dollars per year for each local inspector. For the districts of Oswego, New York; Willam- ette, Oregon; Detroit, Michigan, and Mobile, Alabama, and the ports of Saint Louis, Missouri, and Port EIu- ron, Michigan, at the rate Of One thousand eight hun- dred dollars per year for each local inspector. For the districts of Pittsburg, Pennsylvania; New Baven, Connecticut; Savannah, Georgia; Charleston, South Carolina; Galveston, Texas; New London, Con- necticut; Superior, Michigan; Bangor, Maine, and Apalachicola, Florida, and the ports of Dubuque, # 8168 (Tit. 5: REGULATION OF STEAM-VESSELS [Page 1284] Iowa; Toledo, Ohio; Evansville, Indiana; Memphis, Tennessee; Nashville, Tennessee; Point Pleasant, West Virginia; Burlington, Vermont; Jacksonville, Florida; Tampa, Florida; Louisville, Kentucky, and Cincinnati, Ohio, at the rate of one thousand five hundred dol- lars per year for each local inspector. - - And in addition the Secretary of Commerce [an Labor] may appoint, in districts or ports where there are two hundred and twenty-five steamers and upward to be inspected annually, assistant inspectors, at a salary, for the port of New York, of two thousand dollars a year each; for the port of New Orleans, Louisiana; the districts of Philadelphia, Pennsylvania; Baltimore, Maryland; the ports of Boston, Massachu- setts; Chicago, Illinois, and the district of San Fran- Cisco, California, at one thousand eight hundred dol- lars per year each, and for all other districts and ports at a Salary not exceeding One thousand Six hundred dollars a year each; and he may appoint a clerk to any such board at a Compensation not exceeding One thousand Six hundred dollars a year to each person so appointed. Every inspector provided for in this or the preceding sections of this title shall be paid his ac- tual and reasonable traveling expenses or mileage, at the rate of five cents a mile, incurred in the per- formance of his duties, together with his actual and reasonable expenses for transportation of instruments, which shall be certified and sworn to under such in- structions as shall be given by the Secretary of Com- merce [and Labor]. * * * Assistant inspectors, appointed as provided by law, * Shall perform such duties of actual inspection as may be assigned to them under the direction, supervision, and Control of the local inspectors. And the Secretary of Commerce [and Labor] may from time to time detail said assistant inspectors of One port or district for service in any other port or district, as the needs of the Steamboat-Inspection Service may, in his discretion, require, and the actual and reasonable traveling expenses or mileage of assist- ant inspectors SO detailed shall Subject to such limi- tations as the said Secretary may in his discretion pre- Scribe, be paid in the same manner as provided in this section for inspectors. (R. S. § 4414, amended, Jan. 3, 1887, c. 12, 24 Stat. 354, July 26, 1890, c. 721, 26 Stat. 292, March 1, 1895, c. 146, § 2, 28 Stat. 699, March 2, 1895, c. 186, § 1, 28 Stat. 825, Feb. 15, 1897, c. 231, 29 Stat. 530, April 21, 1898, c. 184, 30 Stat. 360, June 2, 1900, c. 614, 31 Stat. 262, March 3, 1905, c. 1455, 33 Stat. 1026, April 9, 1906, c. 1372, § 1, 34 Stat. 106, May 28, 1908, c. 212, § 9, 35 Stat. 428, March 4, 1913, $º 37 Stat. 1013, and Feb. 26, 1917, c. 125, 39 Stat. 'wors. in brackets superseded by § 932. § 8169. Traveling expenses of inspectors— Hereafter inspectors and other employees in the Steamboat-Inspection Service shall be allowed, in lieu of mileage, only their actual necessary traveling expenses while traveling on official business assign- ed them by competent authority. (Oct. 22, 1913, c. 32, 38 Stat. 223.) § 8170. Qualifications and appointment of Io- cal inspectors—The inspector of hulls shall be a perSon Of good character and suitable qualifications and attainments to perform the services required of an inspector of hulls, who from his practical knowl- edge of shipbuilding and navigation and the uses of Steam in navigation is fully competent to make a reliable estimate of the strength, Seaworthiness, and Other qualities of the hulls of vessels and their equip- ment deemed essential to safety of life in their navi- gation ; and the inspector of boilers shall be a person Of good character and suitable qualifications and at- tainments to perform the services required of an in- Spector of boilers, who from his knowledge and ex- perience of the duties of an engineer employed in navi- gating Vessels by steam, and also of the construction and use of boilers, and machinery and appurtenances there with Connected, is able to form a reliable opinion of the strength, form, workmanship, and Suitable- ness of boilers and machinery to be empioyed, With- Out hazard to life from imperfection in the material, WOrkmanship, or arrangement of any part Of Such apparatus for steaming. The inspector Of hulls and the inspector of boilers designated by the Secretary Of Commerce [and Labor] shall, from the date Of designation, Constitute a board of local inspectOrS. (R. S. § 4415, amended, Feb. 27, 1877, c. 69, § 1, 19'Stat. 251, and March 3, 1905, c. 1457, § 1, 33 Stat. 1028.) Words in brackets superseded by § 932. § 8171. What persons are ſlot eligible as in- spectors or assistants—No person interested, either directly or indirectly, in any patented artićle required to be used on any steamer by this title, Or who is a member Of any association Of Owners, masters, en- gineers, or pilots of steamboats, or who is, directly or indirectly, pecuniarily interested in any steam ves- Sel, or who has not the qualifications and acquire- ments prescribed by this title, Or who is intemperate in his habits, shall be eligible to hold the Office of ei- ther supervising, local, or assistant inspector, or to discharge the duties thereof; and if any such person shall attempt to exercise the functions of the office Of either inspector he shall be deemed guilty Of a misdemeanor, punishable by a fine of five hundred dollars, and shall be dismissed from Office. (R. S. § 44.16, amended, March 3, 1905, c. 1457, § 2, 33 Stat. 1029.) § 8,172. Hulls and equipments; exemption of vessels; enforcement of requirements—The local inspectors shall, Once in every year, at least, Carefully inspect the hull of each steam vessel within their respective districts, and shall satisfy themselves that every such yessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has suitable accommodations for passengers and the crew, and is in a COndition to warrant the belief that she may be used in navigation as a steamer, with Safety to life, and that all the re- quirements Of law in regard to fires, boats, pumps, hose, life-preservers, floats, anchors, Cables, and Other things are faithfully complied with ; and if they deem it expedient they may direct the vessel to be put in motion, and may adopt any other Suitable means to test her sufficiency and that of her equipment. The local inspectors shall, oncé in every year, at least, carefully inspect the hull of each sail vessel of Over seven hundred tons carrying passengers for hire and all other vessels and barges Of Over One hundred tons burden carrying passengers for hire within their re- spective districts, and shall satisfy themselves that every such vessel so submitted to their inspection is Of a structure Suitable for the Service in WhiCh she is to be employed, has suitable accommodations for the Crew, and is in condition to warrant the belief that she may be used in navigation with safety to life: Provided, That vessels while laid up and dis- mantled and out of commission may, by regulations established by the Board of Supervising Inspectors, with the approval Of the Secretary of Commerce [and Labor], be exempted from any or all inspection un- der sections forty-four hundred and seventeen, forty- four hundred and eighteen, forty-four hundred and twenty-Six, forty-four hundred and twenty-Seven. Whenever any inspector or assistant inspector shall, in the performance of his duty, find on board any vessel subject to the provisions of this title, as part Of the required equipment thereof, any equipment, machinery, apparatus, Or appliances not Conforming to the requirements of law, he shall require the same to be placed in proper condition by the owner or mas- ter Of the Said vessel, if possible; and if said in- spector or assistant inspector shall find on board any such vessel any life-preservers or fire hose so defec- tive as to be incapable Of repair, he shall require that the same be destroyed in his presence by such owner Or master. And in any Of the foregoing Cases local inspectors by Whom or under Whose Supervision Said Ch. 1) 3 8182 REGULATION OF STEAM—VESSELS [Page 1285] VeSSel is then being inspected shall have power to en- force the foregoing requirements by revoking the cer- tificate of the said vessel, and by refusing to issue a new Certificate to the said vessel until the said re- Quirements shall have been fully complied with or until Such action of the local inspectors shall have been reversed, modified, or set aside by the supervis- ing inspector of the district on proper appeal by the OWImer Or master of said vessel, which appeal shall be made to the said supervising inspector within ten days after the final action as aforesaid by the local inspectors; and upon such appeal, duly made, the Supervising inspector shall have power to affirm, modi- fy, or set aside such action by the local inspectors. (R. S. § 4417, amended, Dec. 21, 1898, c. 29, § 4, 30 iº, 765, and March 3, 1905, c. 1454, § 1, 33 Stat. Words in brackets superseded by § 932. § 8173. Boilers and appurtenanees—The local inspectors shall also inspect the boilers and their appurtenances in all Steam Vessels before the Salme Shall be used, and Once at least in every year there- after, and shall subject all boilers to the hydrostatic preSSure. All Such vessels shall comply with the fol- lowing requirements, namely: That the boilers are Well made, of good and suitable material; that the openings for the passage of water and steam, re- Spectively, and all pipes and tubes exposed to heat, are Of proper dimensions and free from obstructions; that the Spaces between and around the flueS are Suf- ficient; that flues, boilers, furnaces, safety Valves, ſuSible plugs, , low-water indicators, feed-water ap- paratus, gauge COCks, Steam gauges, water and Steam. pipes connecting boilers, means of prevention of Sparks and flames from fire doors, low-water gauges, means of removing mud and sediment from boilers, and all. Other Such machinery and appurtenances thereof, are of such construction, shape, condition, arrangement, and material that the same may be Safely employed in the service proposed without peril to life; and the local inspectors shall satisfy themselves by thorough examination that said re- quirements of law and regulations in regard thereto have been fully complied with. All boilers used on steam vessels and constructed of iron or steel plates, e inspected under the provisions Of Section forty-four hundred and thirty, shall be subjected to a hydro- static test, in the ratio of One hundred and fifty pounds to the Square inch to One hundred pounds to the Square inch Of the working steam power al- lowed. No boiler or flue pipe, nor any of the Con- nections therewith, shall be approved, which is made, in whole or in part, of bad material, or is unsafe in its form, or dangerous from defective workmanship, age, use, or other cause. (R. S. § 4418, amended, June 19, 1886, c. 421, § 14, 24 Stat. 82, and March 3, 1905, c. 1456, § 1, 33 Stat. 1027.) § 8174. Foreign vessels admitted to registry —That the Secretary of the Treasury be, and he is hereby, authorized to direct the inspection of any for- eign Vessel, admitted to American registry, its Steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual Certificate Of inspection, wheth- er Said boilers, Steam pipes, and appurtenances are Or are not constructed pursuant to the laws Of the United States, or whether they are or are not Con- structed of iron stamped pursuant to said laws. The tests in the inspection of such boilers, Steam pipes, and appurtenances shall be the same in all respects as to Strength and Safety as are reſuired in the in- spection of boilers constructed in the United States for marine purposes. (March 3, 1897, c. 389, § 14, 29 Stat. 690.) § 8175. Control of safety-valves and steam- registers—One of the Safety-valves may, if in the Opinion of the local inspectors it is necessary to do SO, and the Steam-registers Shall, be taken wholly from the Control of all perSons engaged in navigat- ing such vessel and secured by the inspectors. (R. S. § 4419.) $ 8176. Amount of steam pressure allowed freight-boats on Mississippi–In applying the direc- tions of the preceding sections to steamboats used exclusively for towing and carrying freight on the Mississippi River and its tributaries, the local inspec- tors shall Substitute, for Such boats, One hundred and fifty pounds of steam-pressure in place of one hundred and ten pounds for the standard pressure upon stand- ard boilers of forty-two inches diameter, and Of: plates Of One-quarter of an inch in thickness. (R. S. § 1420, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.) $ 81.77. Same-The provisions of an act entitled “An act to provide for the better security of life on vessels propelled in whole or in part by steam,” &c., approved February twenty-eighth, eighteen hundred and seventy-One, So far as they relate to the limita- tion of steam pressure of steamboats used exclusive- ly for towing and carrying freight on the Mississippi River and its tributaries, are hereby so far modified as to substitute for such boats one hundred and fifty pounds of steam pressure in place of one hundred and ten pounds, as provided in said act for the Standard pressure upon standard boilers of forty-two inches di- ameter, and of plates of one-quarter of an inch in thickness; and such boats—may, on the written permit of the Supervising inspector of the district in which such boats shall carry On their business, be permitted to carry steam above the standard pressure of One hundred and ten pounds, but not exceeding the Stand- ard prossure of one hundred and fifty pounds to the square inch. (Jan. 6, 1874, c. 6, 18 Stat. 2.) § 8178. Seagoing barges; certificates-On and after January first, nineteen hundred and nine, the local inspectors of steamboats shall at least once in every year inspect the hull and equipment of every seagoing barge of one hundred gross tons Or OVer, and shall satisfy themselves that such barge is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew, and is in a condition to warrant the belief that she may be used in navigation with Safety to life. They shall then issue a certificate of inspection in the manner and for the purposes prescribed in Sec- tions forty-four hundred and twenty-One and forty- four hundred and twenty-three of the Revised Stat- utes. (May 28, 1908, c. 212, § 10, 35 Stat. 428.) R. S. §§ 4421, 4423, are $$ 8182, 8184. § 8179. Same; equipment with life-saving appliances—Every such barge shall be equipped With the following appliances of kinds approved by the Board of Supervising Inspectors: At least One life- boat, at least one anchor with suitable chain or cable, and at least one life-preserver for each perSOn On Board. (May 28, 1908, c. 212, § 11, 35 Stat. 428.) § 8180. Same; certificate of inspection and equipment of barge required for registry, en- rollment, or license—A register, enrollment, Or li- cense shall not be issued or renewed by any COllectOr or other officer of customs to any such barge unless at the time of issue or renewal such barge has in force the Certificate of inspection prescribed by Sec- tion ten and on board the equipment prescribed by section eleven. (May 28, 1908, c. 212, § 12, 35 Stat. 428, amended, March 4, 1915, c. 184, § 6, 38 Stat. 1218.) § 8181. Same; navigating without certificate or equipment prescribed—If any Such barge shall be navigated without such certificate of inspection, or without any part of the equipment prescribed by section eleven, the owner shall be liable to a penalty of five hundred dollars for each offense. (May 28, 190S, c. 212, § 13, 35 Stat. 428.) § 8182. Certificate; temporary certificate; completion of voyage after expiration—When the inspection of a steam vessel is completed and the in- spectors approve the vessel and her equipment throughout, they shall make and subscribe a certifi- cate, which certificate shall be verified by the Oaths 3 8182 (Tit. 52 REGULATION OF STEAM—VESSELS & IIPage 12861 of the inspectors signing it, before the Chief Officer Of the customs Of the district Or any other perSOn competent by law to administer oaths. Such Certifi- Cate shall be delivered to the master Or Owner Of the vessel to which it relates, and one copy thereof shall be kept on file in the inspectors’ Office and One COpy shall be delivered to the Collector or other chief Of- ficer of the customs Of the district in which such in- spection has been made, who shall keep the same On file in his office. If the inspectors refuse to grant a certificate of approval they shall make a statement in writing and sign the same, giving the reasons for their disapproval. Upon such inspection and approv- al the inspectors shall also make and subscribe a temporary Certificate, which shall set forth substan- tially the fact of such inspection and approval, and Shall deliver the same to the master Or Owner Of the Vessel and shall keep a copy thereof On file in their Office. The said temporary Certificate shall be carried and exposed by Vessels in the same manner as is pro- Vided in Section forty-four hundred and twenty-three for the regular certificate, and the form thereof and the period during which it is to be in force shall be as prescribed by the board of Supervising inspectors, or the executive committee thereof, as provided in Section forty-four hundred and five. And Such tem- porary certificate, during such period and prior to the delivery to the master or owner of the regular cer- tificate, shall take the place of and be a substitute for the regular certificate of inspection, as required by this Section and by section forty-four hundred and twenty-six, and for the purposes of said sections. Such temporary certificate shall also be subject to revocation in the manner and under the conditions provided in section forty-four hundred and fifty-three. No vessel required to be inspected under the provi- Sions of this title shall be navigated without having On board an unexpired regular 'certificate of inspec- tion or such temporary Certificate: Provided, how- ever, That any such vessel operated upon a regularly established line from a port of the United States to a port of a foreign country not contiguous to the United States whose certificate of inspection expires at Sea Or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii may lawful- ly complete her voyage without the regular certifi- cate of inspection or the temporary Certificate re- Quired by this section, and no liability for penalties imposed by this title for want of Such certificate shall be incurred until her voyage shall have been Com- pleted: Provided, That said voyage shall be so com- pleted within thirty days after the expiration of said certificate or temporary Certificate: Provided fur- ther, That no such vessel whose certificate of inspec- tion shall expire within fifteen days of the date of her sailing shall proceed upon her voyage to such port of a foreign Country not contiguous to the Unit- ed States without first having procured a new certifi- cate of inspection or the temporary Certificate required by this section. (R. S. § 4421, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, June 11, 1906, c. 3071, 34 Stat. 230, June 25, 1910, c. 402, 36 Stat. 831, and March 4, 1915, c. 184, § 1, 38 Stat. 1216.) R. S. §§ 4423, 4405, 4426, 4453, are $$ 8184, 8159, 8187, 8215. § 8183. License to carry gunpowder—-Upon the application of any master or owner of any steam vessel employed in the carriage of passengers, for a license to carry gunpowder, the local inspectors shall examine such vessel, and if they find that She is provided with a chest or safe composed of metal, or entirely lined and sheathed therewith, Or, if the vessel has one or more compartments thoroughly lin- ed and sheathed with metal, at a Secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to carry as freight within such chests, safes, or compartments, the arti- cle of gunpowder, which certificate shall be kept Con- spicuously posted on board Such vessel. 3 (R. S. § 4422, amended, March 4, 1915, c. 184, § 2, 38 Stat. 1217.) See §§ 10403–10406. - * 8184. Disposal of certificates—The original certificate of inspection delivered to the master Or Owner of a steam VeSSel shall be placed by Such ImaS- ter or Owner in a conspicuous place in the Wessel where it will be most likely to be observed by pas- sengers and Others, and there kept at all times, fram- ed under glass, as evidence Of the authority thereby conferred: Provided, however, That where it is not practicable to so expose said certificate, it shall be Cal'- ried in the Vessel in Such manner as shall be pre- scribed by the regulations established by the board of supervising inspectors with the approval of the Sec- retary of Commerce. (R. S. § 4423, amended, March 3, 1905, c. 1457, § 3, 33 Stat. 1029, and March 4, 1915, c. 184, § 3, 38 Stat. 1217.) § 8.185. Penalty for carrying passengers or gunpowder contrary to law—Whenever any pas- Senger is received. On board any Steam VeSSel not hav- ing an unexpired certificate of approval or an unex- pired temporary certificate of approval placed and lxept as required by this title, or whenever any pas- senger Steam vessel receives or carries any gunpow- der On board, not having a certificate authorizing the same, placed and kept as required, Or shall Carry any gunpowder at a place Or in a manner not all- thorized by such Certificate, such steam vessel shall be liable to a penalty of $100 for each offense. (R. S. § 4424, amended, March 4, 1915, c. 184, § 4, 38 Stat. 1217.) See § 8245. Q: § 818.6. Punishment for certifying falsely- Every inspector who willfully certifies falsely touch- ing any steam vessel, as to her hull, accommodations, boilers, engines, machinery, or their appurtenances, or any of her equipments, or any matter or thing Contained in any certificate signed and sworn to by him, shall be punished by fine of not more than five hundred dollars, or imprisonment for not more than six months, or both. (R. S. § 4425.) See § 10276. § 8187. Ferry boats, canal boats, and yachts; steam launches; motor boats—The hull and boil- ers of every ferryboat, canal boat, yacht, or Other Small craft of like character propelled by steam, Shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the reg- ulations of the board of supervising inspectors, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, however, That in Open Steam launches of ten gross tons and under, One per- son, if duly qualified, may serve in the double CapaC- ity of pilot and engineer. All vessels of above fifteen gross tons carrying freight or passengers for hire, but not engaged in fishing as a regular business, Dr.O- pelled by gas, fluid, naphtha, or electric motors, Shall be, and are hereby, made subject to all the provi- sions of section forty-four hundred and twenty-six Of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established there- under, and to the extent to which Such provisions Of law and regulations are so applicable, the Said Ves- sels, their masters, officers, and owners Shall be Sub- ject to the provisions of sections forty-four hundred and ninety-six, forty-four hundred and ninety-Seven, forty-four hundred and ninety-eight, forty-four hun- dred and ninety-nine, or forty-five hundred, relating to the imposition and enforcement of penalties and the enforcement of law. All vessels of fifteen grOSS tons or less propelled in whole or in part by gas, gasoline, petroleum, naphtha, fluid, or electricity, and Ch. 1) ź 8.194 REGUI, ATION OF STEAM—VESSELS IPage 1287| carrying passengers for hire, shall carry one life- preserver, of the sort prescribed by the regulations of the board of supervising inspectors, for every pas- Senger Carrier, and no such boat While SO Carrying passengers shall be operated or navigated except in charge Of a perSOn duly licensed for Such Sorvice by the local board of inspectors. No examination shall be required as a Condition of the obtaining of such a license, and any Such license shall be revoked Or SuS- pended by the local board of inspectors for miscon- duct, gross negligence, recklessness in navigation, in- temperance, or violation of law on the part of the holder, and if revoked, the person holding such li- cense shall be incapable of obtaining another such license for Qne year from the date of revocation. (R. S. § 4426, amended, Dec. 22, 1890, c. 26, 26 Stat. 692, March 3, 1905, c. 1457, § 4, 23 Stat. 1029, May 16, 1906, c. 2460, 34 Stat. 193.) R. S. §§ 4496-4500, are $$ 8272–8276. See §§ 8277, 8281, 8282. § 81.88. Indians, residents of Metlakahtla, Alaska, entitled to licenses and to be owners of motor boats and other craft though not citizens —All Indians of the Tsimpsean Or Haida tribe of the full or mixed blood who emigrated from British Co- lumbia and settled at Metlakahtla on Annette Is- land, in Southeastern Alaska, in the year eighteen hundred and eighty-seven and subsequent years, as -Well—as all-descendants of such Indians, and all other Indians who have since become and remained bona ſide residents of said Metlakahtla, Alaska, shall, if Otherwise qualified, be entitled to receive and obtain licenses as masters, pilots, and engineers, as the case may be, of any and all steamboats and other craft, and also licenses as Operators of motor boats and oth- er Craft, Subject to the provisions of the Act of Con- greSS approved May sixteenth, nineteen hundred and Six, entitled “An Act to amond section forty-four hun- dred and twenty-six of the Revised Statutos of the United States, regulation of motor boats,” with the Same force and effect as if they had been citizens of the United States; any such Indian may be the owner of any such motor boat or other craft, subject to the provisions of the said Act of May sixteenth, nineteen hundred and six, although such Indian be not a citizen of the United States, without depriving Said motor boat or other craft of the benefits and privileges of a vessel of the United States. (March 4, 1907, c. 2929, § 1, 34 Stat. 1411.) $ 81.89. Same; certificate of eligibility for li- cense—A certificate under the hand of any officer of the Customs in Alaska, to the effect that the appli- Cant for One Of the different licenses mentioned in the foregoing section comes within One of the provisions of said first section of this Act, shall, together with the affidavit of the applicant to that effect, be suffi- Cient evidence of the fact that said applicant is en- titled to the privileges COnferred upon Said Indians by the first section of this Act. (March 4, 1907, c. 2929, § 2, 34 Stat. 1412.) § 8.190. Tug-boats, and freight-boats—The hull and boiler of every tug-boat, towing-boat, and freight- boat shall be inspected, under the provisions of this Title: and the inspectors shall see that the boilers, machinery, and appurtenances of such vessel are not dangerous in form or workmanship, and that the safety-valves, gauge-cocks, low-water alarm-indicat- Ors, steam-gauges, and fusible plugs are all attached in Conformity to law; and the Officers navigating such vessels shall be licensed in Conformity with the pro- visions of this Title, and shall be subject to the same provisions Of law as officers navigating passenger- steamers. (R. S. § 4427.) See §§ 8172, 8235, 8236. $ 8191. Construction of boilers—Every boiler manufactured to be used on steam-vessels, and made of iron or Steel plates, shall be constructed of plates that have been stamped in accordance with the pro- visions of this Title. (R. S. § 4428.) § 8192. Same; punishment for improper con- struction—Every person who constructs a boiler, or Steam-pipe connecting the boilers, to be used on steam- VCSSels, Of iron or steel plates which have not been duly stamped and inspected according to the provi- Sions of this Title, or who knowingly uses any de- fective, bad, or faulty iron or steel in the Construc- tion of Such boilers; Or who drifts any rivet-hole to make it come fair; or who delivers any such boiler for use, knowing it to be imperfect in its flues, flang- ing, riveting, bracing, or in any other of its parts, shall be fined One thousand dollars, one-half for the use of the informer. Nothing in this Title shall be So Con- Strued as to prevent from being used, on any steamer, any boiler or steam-generator which may not be con- Structed Of riveted iron or steel plates, when the board Of Supervising inspectors have satisfactory evi- dence that such boiler or steam-generator is equal in strength, and as safe from explosion, as a boiler Of the best quality constructed of riveted iron or steel plates. Provided, however, That the Secretary of the Treasury may grant permission to use any boiler or Steam generator not constructed of riveted iron or Steel plates upon the certificate of the Supervising in- SpectOr Of Steamboats for the district. Wherein Such bOiler or generator is to be used, and other satisfac- _tory proof that the -use of the same-is-safe and effi-T Cient; Said permit to be valid until the next regular meeting of the supervising inspectors who shall act thereon. (R. S. § 4429, amended, Aug. 7, 1882, c. 433, § 1, 22 Stat. 310.) $ 8.193. Boiler-plates—Every iron or steel plate used in the construction of steamboat-boilers, and Which shall be subject to a tensile strain, shall be in- Spected in Such manner as shall be prescribed by the board of Supervising inspectors and approved by the Secretary of the Treasury, so as to enable the in- Spectors to ascertain its tensile strength, homogene- OUISneSS, toughness, and ability to withstand the ef- fect of repeated heating and cooling; and no iron Or Steel plate shall be used in the construction of such boilers which has not been inspected and approved under those rules. And the Supervising Inspector- General may, under the direction of the Secretary of the Treasury, detail assistant inspectors from any local inspection district where assistant inspectors are employed, to inspect iron or steel boiler plates at fhe mills where the same are manufactured ; and if the plates are found in accordance with the rules of the Supervising inspectors, the assistant inspector shall stamp the same with the initials of his name, followed by the letters and words, “U. S. Assistant In- spector;” and material so stamped shall be accept- ed by the local inspectors in the districts where such material is to be manufactured into marine boilers as being in full compliance with the requirements of this Section regarding the inspection of boiler plates ; it being further provided that any person who affixes any false, forged, fraudulent, spurious, or counterfeit of the stamp herein authorized to be put on by an as- Sistant inspector, shall be deemed guilty of a felony, and shall be fined not less than One thousand dol- lars, nor more than five thousand dollars, and im- prisoned not less than two years nor more than five years. (R. S. § 4430, amended, Jan. 22, 1894, c. 16, 2S Stat. 28.) § 8.194. Šame; stamping—Every plate of boiler- iron or steel, made for use in the construction Of Steamboat-boilers, shall be distinctly and permanently stamped by the manufacturer thereof, and, if prac- ticable, in such places that the marks shall be left visible when such plates are worked into boilers, With the name of the manufacturer, the place Where man- ufactured, and the number of pounds tensile Strain it will bear to the sectional square inch ; and the inspectors shall keep a record in their office of the stamps upon all boiler-plates and boilers which they inspect. (R. S. § 4431.) # 8195 (Tit. 52 REGULATION OF STEAM—VESSELS IPage 1288I § 8195. Same; counterfeiting stamps—Every person who counterfeits, or causes to be counterfeit- ed, any of the marks or stamps prescribed for boiler- iron or steel plates, or who designedly Stamps, or Causes to be stamped falsely, any such plates; and every person who stamps or marks, or causes to be Stamped or marked, any such iron or steel plates With the name or trade-mark of another, with the intent to mislead or deceive, shall be fined two thousand dollars, One-half to the use of the informer, and may, in addition thereto, at the discretion of the court, be imprisoned not exceeding two years. (R. S. § 4432.) § 8196. Pressure of steam allowable—The Work- ing steam-pressure allowable on boilers, constructed of plates inspected as required by this Title, when single-riveted, shall not produce a strain to exceed One-sixth of the tensile strength of the iron Or Steel plates of which Such boilers are constructed ; but where the longitudinal laps of the cylindrical parts of such boilers are double-riveted, and the rivet-holes for such boilers have been fairly drilled instead of punched, an addition of twenty per centum to the working-pressure provided for single-riveting may be allowed : Provided, That all other parts of such boil- ers shall Correspond in strength to the additional al- lowances so made; and no split-Calking shall in any case be permitted. (R. S. § 4433.) § 8197. Thickness of boiler plate, and space between flues—No externally fired boiler having its shell constructed of iron or steel plates, exceeding an average thickness of thirty-eight one-hundredths of an inch, Shall be employed on any steam vessel navi- gating the Red River of the North or rivers flowing in- to the Gulf of Mexico or their tributaries; and no externally fired boiler employed on any such steam Vessel shall have less than three inches Space between its shell and any of its internal flues, and not less than three inches space between such flues when any Such flues are more than five inches in diameter, the measurements to be taken from the Center of the length of the tapered section of said flues; and every Such externally fired boiler employed on any such Steam vessel shall be provided with a manhole in the lower part of the front head thereof, of such dimen- SiOns as may be prescribed by the Board of Supervis- ing Inspectors, in all cases where the distance be- tWeen its internal flues is less than three inches. Ex- ternally fired boilers having shells constructed of iron Or Steel plates not exceeding an average thick- ness of fifty one-hundredths of an inch may, in the discretion of the Supervising Inspector-General, be au- thorized and employed on steam vessels navigating the Atlantic and Pacific oceans, or salt-water bays, or SOunds, Or the Great Lakes, or any of them, and wa- ters flowing to and from the same, or any of them : Provided, That on inspection, no plate that is by this Act limited to a thickness of thirty-eight one-hun- dredths of an inch and no plate that is by this Act limited to a thickness Of fifty One-hundredths of an inch Shall be rejected for use if found to exceed those dimensions, respectively, if the approved average thickness thereof does not exceed the limits therein Specified, and the amount of Steam pressure that will be permitted to be carried in boilers Constructed in accordance with the requirements of this Act shall be determined from measurements showing the least thickness of the plates. (R. S. § 4434, amended, Feb. 11, 1885, c. 55, 23 Stat. 298, Feb. 28, 1895, c. 139, § 1, 28 Stat. 690, and March 2, 1909, c. 244, § 1, 35 Stat. 687.) § 8198. Space between flues in boilers in use prior to this act—All eXternally fired boilers, Con- structed of iron or steel, prior to the passage of this Act, and now in use on any such vessels, wherein the space between the shell and any of its internal flues or between such flues is less than three inches, they shall be deemed lawfully constructed. (March 2, 1909, c. 244, § 2, 35 Stat. 687.) r (R. S. §§ 4435, 4436. Repealed.) These sections prescribed certain requirements as to feed and connecting pipes for boilers, and safety Valves, and fusible plugs therein. They were both repealed by Act March 3, 1905, c. 1456, § 4, 33 Stat. 1028 $ 81.99. Obstructing safety-valves—Every per- SOn Who intentionally loads or obstructs, or causes to be loaded or obstructed, in any way or manner, the Safety-valve Of a boiler, Or who employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the Certificate of the inspectors, or who intentionally deranges or hinders the operation of any machinery Or device employed to denote the State Of the water Or steam in any boiler, Or to give warning of aly- proaching danger, or who intentionally permits the water to fall below the prescribed low-water line of the boiler, and every person concerned therein, di- rectly Or indirectly, shall be guilty of a misdemeanor, and shall be fined two hundred dollars, and may also be imprisoned not exceeding five years. (R. S. § 4437.) § 8200. Licenses of officers by inspectors—The boards of local inspectors shall license and classify the masters, chief mates, and second and third mates, if in charge of a watch, engineers, and pilots of all steam Vessels, and the masters of sail vessels of over Seven hundred gross tons, and all other vessels of Over One hundred gross tons carrying passengers for hire. It shall be unlawful to employ any person or for any person to serve as a master, Chief mate, engineer, Or pilot of any steamer Or as master of any sail vessel Of Over Seven hundred gross tons Or of any other ves- Sel of Over One hundred gross tons Carrying passen- gers for hire who is not licensed by the inspectors: and anyone violating this section shall be liable to : penalty of One hundred dollars for each offense. (R. S. § 4438, amended, Dec. 21, 1898, c. 29, § 1, 30 Stat. 764, Jan. 25, 1907, c. 398, 34 Stat. 864, May 28, 1908, c. 212, § 2, 35 Stat. 425.) See § 7077. * $ 8201. Same; captain—Whenever any person applies to be licensed as master of any steam ves- Sel, or of a sail vessel of over seven hundred tons, the inspectors shall make diligent inquiry as to his char- acter, and shall carefully examine the applicant as Well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, eXperience, habits of life, and character are such as Warrant the belief that he can safely be intrusted With the duties and responsibilities of the station for Which he makes application, they shall grant him a license authorizing him to discharge such duties on any such vessel for the term of five years; but such license shall be suspended or revoked upon satisfac- tory proof of bad conduct, intemperate habits, in- CapaCity, inattention to his duties, or the willful viola- tion of any provision of this title applicable to him. (R. S. § 4439, amended, Dec. 21, 1898, c. 29, § 2, 30 Stat. 764.) $ 8202. Same; mates—Whenever any person ap- plies for authority to be employed as Chief mate of Ocean. Or CoastWise Steam Vessels Or Of Sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steam vessels, who shall have charge of a watch, or whenever any person applies for authority to be employed as mate of river steam- ers, the inspectors shall require satisfactory evidence of the knowledge, experience, and skill of the appli- cant in lading Cargo and in handling and stowage of freight, and if for license as chief mate on ocean or coastwise steamers, or Of Sail vessels of over seven hundred tons, or as Second Or third mate of Ocean or coastwise steamers, who shall have charge of a watch, shall also examine him as to his knowledge and abil- ity in navigation and managing Such vessels and all Other duties pertaining to his station, and if Satisfied of his qualifications and good character they shall grant him a license authorizing him to perform such duties for the term of five years upon the waters upon which he is found qualified to act; but such license Ch. 1) 3 8211 REGULATION OF STEAM—VESSELS [Page 1289] shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, unskillfulness, or want of knowledge of the duties of his station Or the willful violation of any provision of this title. (R. S. § 4440, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, March 23, 1898, c. 86, 30 Stat. 340, Dec. 21, 1898, c. 29, § 3, 30 Stat. 765.) § 8203. Same; engineer—Whenever any person applies for authority to perform the duties of engi- neer of any steam-vessel, the inspectors shall examine the applicant as to his knowledge of steam machin- ery, and his experience as an engineer, and also the proofs which he produces in support of his claim ; and if, upon full consideration, they are satisfied that his character, habits of life, knowledge, and experi- ence in the duties of an engineer are all Such as to authorize the belief that he is a suitable and Safe person to be intrusted with the powers and duties Of such a station, they shall grant him a license, au- thorizing him to be employed in such duties for the term of one year, in which they shall assign him to the appropriate class of engineers; but such license shall be suspended or revoked upon satisfactory proof Of negligence, unskillfulness, intemperance, Or the willful violation of any provision of this Title. When- GVer Complaint is made against any engineer holding a license authorizing him to take charge of the boil- ers and, machinery of any steamer, that he has, through negligence or want of skill, permitted the boilers in his charge to burn or otherwise become in bad condition, or that he has not kept his engine and Ioachinery in good working order, it shall be the duty of the inspectors, upon satisfactory proof of such negligence or want of skill, to revoke the license of such engineer and assign him to a lower grade Or class of engineers, if they find him fitted therefor. (R. S. § 4441, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) § 8204. Same; pilot—Whenever any person claiming to be a skillful pilot of steam-vessels offers himself for a license, the inspectors shall make dili- gent inquiry as to his character and merits, and if satisfied, from personal examination of the applicant, with the proof that he offers that he possesses the requisite knowledge and skill, and is trustworthy and faithful, they shall grant him a license for the term of one year to pilot any such vessel within the limits prescribed in the license ; but such license shall be Suspended Or revoked upon satisfactory evidence of Inegligence, unskillfulness, in attention to the duties of his station, or intemperance, or the willful viola- tion of any provision of this Title. (R. S. § 4442.) $ 8205. Same; captain or mate as pilot— Where the master or mate is also pilot of the vessel, he shall not be required to hold two licenses to per- form such duties, but the license issued shall state on its face that he is authorized to act in Such double capacity. (R. S. § 4443.) $ 8206. State regulation of pilots—No State or municipal government shall impose upon pilots of steam-vessels any obligation to procure a State Or Oth- er license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title; nor shall any pilot-charges be levied by any such authority upon any Steamer piloted as provided by this Title; and in no case shall the fees charged for the pilotage of any steam-vessel exceed the Customary or legally established rates in the State where the same is performed. Nothing in this Title shall be Construed to annul Or affect any regulation established by the laws of any State, requiring vessels entering or leaving a port in any such State, other than coastwise steam-vessels, to take a pilot duly licensed or authorized by the laws of such State, or Of a State situate upon the waters of such State. (R. S. § 4444.) $ 8207. Oath of licensed officers—Every master, chief mate, engineer, and pilot, who receives a license, shall, before entering upon his duties, make Oath be- fore One of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law. Every applicant for license as either master, mate, pilot, or engineer un- der the provisions of this title shall make and Sub- Scribe to an oath or affirmation, before One Of the in- spectors referred to in this title, to the truth of all the statements set forth in his application for such license. any Oath Or affirmation authorized in this title and knowing the same to be false shall be deemed guilty Of perjury. Every licensed master, mate, pilot, Or en- gineer who shall change, by addition, interpolation, Or erasure Of any kind, any certificate or license is- sued by any inspector or inspectors referred to in this title shall, for every such offense, upon conviction, be punished by a fine Of not more than five hundred dol- 1ars Or by imprisonment at hard labor for a term not exceeding three years. (R. S. § 4445, amended, March 23, 1900, c. 90, § 1, 31 Stat. 50.) $ 8208. Lie enses; exhibition—Every master, mate, engineer, and pilot who shall receive a license shall, when employed upon any vessel, within forty- eight hours after going on duty, place his certificate of license, which shall be framed under glass, in some COnspicuous place in Such vessel, where it can be seen by passengers and others at all times: Provid- ed., That in case of emergency such officer may be transferred to another vessel Of the same Owners for a period not exceeding forty-eight hours without the transfer of his license to such other vessel; and for every neglect to comply with this provision by any Such master, mate, engineer, Or pilot, he shall be sub- ject to a fine of one hundred dollars, or to the revo- cation of his license. (R. S. § 4446, amended, iTeb. 49, 1907, e. 991, 34 Stat. 897.) $ 8209. Same; renewal—When any licensed of- ficer is employed on a steamer in a district distant from any local board of inspectors, such inspectors, or the supervising inspector of the district, may grant a renewal of his license, without such licensed officer being personally present, under such regulations as the board of supervising inspectors shall prescribe. (R. S. § 4447.) $ 8210. Licensed officers to assist inspectors in examinations; dismissal of, inspector disclos- ing source of information—All officers licensed un- der the provisions Of this title shall assist the inspec- tors in their examination Of any vessels to which such licensed Officers belong and shall point out all defects and imperfections known to them in the hull, equip- ments, boilers, or machinery of such vessel, and shall also make known to the inspectors at the earliest Op- portunity all accidents Or OCCurrences producing Serious injury to the vessel, her equipments, boilers, or ma- Chinery, and in default thereof the license of any such officer so neglecting or refusing shall be suspend- ed or revoked. No inspector or Supervising inspector receiving in- formation from a licensed Officer who is employed on any vessel as to defects in Such vessel, or her equip- ments, boilers, or machinery, or that any provision of this title is being violated, shall impart the name of Such licensed Officer, Or the Source of his information to any person. Other than his Superiors in the Steam- boat-Inspection Service. Any inspector or supervis- ing inspector violating this provision shall be subject to dismissal from the service. (R. S. § 4448, amended. March 3, 1915, c. 79, § 1, 38 Stat. 893.) $ 8211. Revocation or suspension of officer’s license for refusal to serve—If any licensed officer shall, to the hindrance of Commerce, wrongfully or unreasonably refuse to perform his official duties aft- er having signed articles or while employed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shall refuse to ad- Any person who shall make or subscribe to: } t # 8212 (Tit. 52 REGULATION OF STEAM—VESSELS [Page 1290I mit into the pilot house or engine room any person Whom the master Or Owner of the vessel may desire to place there for the purpose of learning the profes- Sion, his license shall be revoked or suspended upon the Same proceedings as are provided in other cases Of revocation or suspension of such license. (R. S. § 4449, amended, March 3, 1905, c. 1457, § 5, 33 Stat. 1030, March 3, 1915, c. 79, § 1, 38 Stat. 894.) $ 8212. HEavestigation of conduct of officers— The local boards Of inspectors shall investigate all acts Of incompetency or misconduct committed by any licensed officer while acting under the authority of his license, and shall have power to summon before them any witnesses within their respective districts, and Compel their attendance by a similar process as in the Lnited States circuit or district courts; and they may administer all necessary Oaths to any witnesses thus SunlimOned before them ; and after reasonable notice in Writing, given to the alleged delinquent, of the time and place of such investigation, such witnesses Shall be examined, under oath, touching the perform- ance of his duties, by any such licensed officer; and if the board shall be satisfied that such licensed Of- ficer is incompetent, or has been guilty of misbeha- Vior, negligence, or unskillfulness, or has endangered life, or willfully violated any provision of this Title, they shall immediately suspend or revoke his license. (R. S. $ 4450.) $ 8213. Payment of marshal and witnesses— The Chief Officer of the Customs for the district shall pay Out Of the revenues received under the provisions Of this Title such fees to the United States marshal for his services, and to any witness, so summoned; for his actual travel and attendance, as shall be Of- ficially Certified to by any inspector hearing the case, upon the back of such summons, not exceeding the rate allowed for fees and to witnesses for travel and attendance in any circuit Or district Courts Of the United States. (R. S. § 4451.) Fees prescribed by Title XIII, “The Judiciary,” c. 16. See § 8137. $ 8214. [Etepealed.] This section (R. S. $ 4452, as amended by Act March 3, 1905, c. 1457, § 6, 33 Stat. 1030), relating to appeals to the supervising inspector and the Supervising Inspector Gen- eral from decisions of local inspectors granting, refusing, etc., licenses, was repealed by Act June 10, 1918, c. 94, Appeals to supervising irispectors and to Supervising Inspector General; application for—Whenever any person directly interested in Or affected by any decision or action of any board of lo- cal inspectors Of vessels shall feel aggrieved by Such decision or action, he may appeal therefrom to the supervising inspector of the district ; and a like ap- peal shall be allowed from any decision Or action of a supervising inspector to the Supervising Inspector General, whose decision, when approved by the Sec- retary of Commerce, shall be final: Provided, how- ever, That application for such re-examination of the case by a supervising inspector or by the Supervis- ing Inspector General shall be made within thirty days after the decision or action appealed from shall have been rendered or taken: And provided further, That in all cases reviewed under the provisions of this Act where the issue is the Suspension Or revocation Of the license of a licensed officer such officer shall be allowed to be represented by counsel and to testify in his own behalf. (June 10, 1918, c. 94, § 1, 40 Stat.) $ 821.4b. Same; powers of supervising inspec- tors and Supervising Inspector General—When- ever there shall be a disagreement between the local inspectors in regard to any matter before them for decision they shall report the case to the supervising inspector of the district, who shall investigate and decide the same. Any supervising inspector may with- in thirty days thereafter, upon his own motion, review any decision or action of any board of local inspec- tors within his district and in like manner the Super- vising Inspector General may within thirty days there- after review any decision or action of any supervis- ing inspector or board of local inspectors, and the decision of the Supervising Inspector General in Such Case shall, when approved by the Secretary of Com- merce, be final. (June 10, 1918, c. 94, § 2, 40 Stat.) $ 82.14c. Same; modifieation of decisions on review—Any decision Or action reviewed by the Su- pervising Inspector General or by any supervising inspector, as provided in sections one and two of this Act, may be revoked, changed, or modified by such re- viewing officer, who shall have power to administer Oaths and to Summon and Compel the attendance of Witnesses by a similar process as in the district courts Of the United States ; and the disbursing Clerk, De- partment of Commerce, shall pay, on properly certi- fied vouchers, such ſees to any witness So Summoned for his actual travel and attendance as shall be official- ly certified to by the officer reviewing the case, not exceeding the rate allowed for fees to witnesses for travel and attendance in the district Courts Of the |United States. (June 10, 1918, c. 94, § 3, 40 Stat.) $ 82.14d. Same; regulations—The Secretary of Commerce shall make such regulations as may be nec- essary to secure a proper enforcement of the provi- Sions of this Act. (June 10, 1918, c. 94, § 4, 40 Stat.) $ 8215. Re-inspections and notice for repairs; enforcement of requirements—In addition to the annual inspection, the local inspectors shall examine, at proper times, steamers arriving and departing to and from their respective ports, so often as to en- able them to detect any neglect to comply with the requirements of law, and also any defects or im- perfections becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessels unsafe; and if they shall discover any Omis- sion to comply with the law, or that repairs have be- come necessary to make the vessel Safe, the inspec- tors shall at Once notify the master, in Writing, stat- ing in the notice what is required ; and if the mas- ter deems the requirements unreasonable or unneces- Sary, he may apply for a re-examination of the Case to the Supervising inspector, as provided in the pre- ceding section. All inspections and orders for repairs shall be promptly made by the inspectors, and, when it can be safely done in their judgment, they shall permit repairs to be made where those interested can most conveniently do them. And whenever any local inspector or supervising inspector ascertains to his Satisfaction that any vessel, subject to the provisions of this title, has been or is being navigated or Op- erated without complying with the terms Of the Ves- sel's certificate of inspection regarding the number and Class Of licensed Officers and Crew, Or Without complying with the provisions of law and her said Certificate as to the number or kind of life-saving Or fire-fighting apparatus, or without maintaining in good and efficient condition her lifeboats, fire pumps, fire hose, and life-preservers, or that for any other reason said vessel can not be operated with safety to life, the Said local or supervising inspector shall Order the OWner Or master of Said vessel to Correct such unlaw- ful conditions, and may require that the vessel at Once Cease navigating and be submitted to reinspec- tion ; and in case the said orders of such inspector shall not at Once be complied with, the said inspector Shall revoke the said vessel’s Certificate of inspection and shall immediately give to the Owner, master, or agent of said vessel notice, in writing, of such revoca- tion ; and no new certificate of inspection shall be again issued to her until the provisions of this title have been complied with. Any vessel subject to the provisions of this title Operating or navigating or at- tempting to Operate or navigate after the revocation Of her Certificate of inspection and before the issuance of a new certificate, shall, upon application by the inspector to any district court of the United States having jurisdiction, and by proper order or action of said court in the premises, be seized summarily by way of libel and held without privilege of release by bail or bond until a proper certificate of inspection Ch. 1) & 8223 REGULATION OF STEAM—VESSELS [Page 1291] Shall have been issued to Said vessel: Provided, That the master or owner of any vessel whose certificate Shall have been so revoked may within thirty days after receiving notice of Such revocation appeal to the Secretary of Commerce [and Labor] for a re- examination of the case, and upon such appeal the Said Secretary shall have power to revise, modify, or Set aside such action of the local or supervising in- SpectOr and direct the issuance to Such vessel of her Original certificate or of a new certificate of inspec- tion ; and in case the said Secretary shall so direct the issuance of a certificate, all judicial process against Said vessel based on this section shall there- upon be of no further force or effect, and the vessel Shall thereupon be released. (R. S. $ 4453, amended, March 3, 1905, c. 1454, § 2, 33 Stat. 1023.) Words in brackets superseded by § 952. $ 8216. Penalty for failure to make repairs on notice—If any master or owner of any steamer shall refuse or neglect to comply with the requirements of the local inspectors, made in pursuance of the preced- ing Section, and shall, contrary thereto and while the Same remains unreversed by the supervising inspector, employ the vessel by navigating her, the master and OWner shall be liable to a penalty of five hundred dol- lars for each offense, one-half for the use of the in- former ; for which sum the vessel itself shall be lia- ble, and may be seized and proceeded against by libel in any district court having jurisdiction ; and the master and owner, and the vessel itself, shall, in addi- tion thereto, be liable for any damage to passengers and their baggage which shall occur from any defects as stated in the notice prescribed by the preceding section. (R. S. § 4454.) See § 10455. $ 8217. Effect of decisions by inspectors—The inspectors of one district shall not modify or annul the doings of the inspectors of another district in re- gard to repairs, unless there is a change in the state Of things, demanding more repairs than were thought necessary when the Order was made. Nor shall the inspectors of one district license a person coming from another district, if such person has been rejected for unfitness or want of qualifications. (R. S. § 4455.) § 8218. In districts not having inspectors— The local boards Of inspectors, when SO requested in Writing by any master of Owner, shall, under the direction of the Supervising inspector, inspect steam- ers in other Collection-districts where no such board is established ; and if a certificate of approval is not granted, no other inspection shall be made by the same or any other board until the objections made by such local board and unreversed by the supervising inspector of the district, are removed. Nothing in this section shall impair the right of the inspectors to permit such vessel to go to another port for repairs, if in their opinion it can be done with safety. (R. S. $ 4456.) $ 8219. Records and reports by local inspec- tors—The local inspectors shall keep a record of cer- tificates of inspection of vessels, their boilers, engines, and machinery, and of all their acts in their exami- nation and inspection of steamers, whether of approv- al Or disapproval ; and when a certificate of approval is recorded, the Original shall be delivered to the COllectOr Or Other Chief Officer Of the Customs Of the district. They shall also keep a like record of certifi- Cates authorizing gunpowder to be carried as freight by any steamer carrying passengers, and of all li- CenSes granted to masters, mates, pilots, and engi- neers, and Of all refusals of the same, of all suspen- Sions and revocations of license, of all refusals, sus- pensions, or revocations of which they shall receive notices from other districts; and shall report to the SuperVising inspector of their respective districts, in Writing, their decisions in cases of refusal of licenses, Or Of the Suspension or revocation thereof, and all testimony received by them in such proceedings. They shall also report promptly to such supervising inspector all violations Of the Steamboat-laws that COme to their knowledge. They shall also keep an a C- Curate account of every steamer boarded by them during the year, and of all their official acts and do- ings, which, in the form of a report, they shall COm- municate to the supervising inspector of the district, at such times as the board of Supervising inspectors, by their established rules shall direct. (R. S. $ 4457.) $ 8220. Fees—Before issuing any license to any Steamer, the Collector or Other chief Officer Of the Customs for the port or district, shall demand and receive from the owners thereof, as a compensation for the inspections and examination made for the year, the following sums, in addition to the fees for issuing enrollments and licenses now allowed by law, a CCOrding to the tonnage Of the vessel: For each Steam-VeSSel of One hundred tons or under, twenty- five dollars; and in addition thereto, for each and every ton in excess of one hundred tons, five cents. Each Master, engineer, pilot and Mate licensed as herein provided shall pay for every certificate, granted by any inspector or inspectors the sum of fifty cents. Such fees shall be paid over to the chief officer of the Customs in Such manner and under such regulations as shall be prescribed by the Secretary of the Treas- ury. (R. S. $ 4458, amended, April 5, 1882, c. 67, 22 Stat. 40.) - See-$$ 5327, 8138. $ 8221. Fees for inspection and examinations —Before issuing any inspection certificate to any Steamer the Collector or other chief officer of cus- toms for the port or district shall demand and receive from the Owners thereof, as a compensation for the inspection and examinations made for the year, the following sums, in addition to the ſees for issuing en- rollments and licenses now allowed by law, accord- ing to the tonnage of the vessel: For each steam- vessel of one hundred tons or under, ten dollars; and for each and every ton in excess of one hundred tons, five cents, in lieu of the fees now provided by law. (June 26, 1884, c. 121, § 28, 23 Stat. 59.) (R. S. $ 4459. Repealed.) This section required a bond of every supervising and local inspector of steamboats. It was repealed by Act March 3, 1905, c. 1456, § 4, 33 Stat. 1028. $ 8222. Instruments, stationery and printing for local boards—The Secretary of the Treasury Shall procure for the several supervising inspectors and local boards of inspectors such instruments, sta- tionery, printing, and other things necessary for the use of their respective offices as may be required therefor. (R. S. § 4460.) (R. S. § 4461. Superseded.) This Section was as follows: “The salaries of the super- vising inspector-general, of all supervising inspectors, local inspectors, assistant inspectors, and clerks, provided for by this Title, together with their traveling and other ex- penses When on official duty, and all instruments, books, blanks, Stationery, furniture, and other things necessary to carry into effect the provisions of this Title, shall be paid for, under the direction of the Secretary of the Treas- ury, out of the revenues received into the Treasury from the inspection of steam-vessels, and the licensing of the officers of such vessels, which revenues, or so much of them as may be necessary for these purposes, shall be permanently appropriated therefor.” A similar provision for a permanent appropriation for the salaries and ex- penses of steamboat inspectors, etc., was made by § 6799. Said permanent appropriation was repealed and this sec- tion was superseded by Act June 25, 1910, c. 384, § 8 (§ 8223). $ 8223. Repeal of permanent indefinite ap- propriation for salaries and contingent expens- es of Steamboat Inspection Service; estimates by Secretary of Commerce—All laws and parts of laws, to the extent that they make a permanent in- definite appropriation to pay Salaries Of the Super- vising Inspector-General, supervising inspectors, local inspectors, and assistant inspectors of steam vessels, and clerks Of the steamboat inspectors, and for Con- tingent expenses of the Steamboat Inspection Service, are repealed, to take effect from and after June thir- tieth, nineteen hundred and eleven ; and the Secre- tary of Commerce [and Labor] shall, for the fiscal 3 8223 (Tit. 52 REGULATION OF STEAM—VESSELS [Page 1292] year nineteen hundred and twelve, and annually thereafter, submit to Congress, in the regular Book of Estimates, detailed estimates for salaries and Con- tingent expenses of the Steamboat Inspection Serv- ice. (June 25, 1910, c. 384, § 8, 36 Stat. 773.) See § 6799 (8). Words in brackets superseded by § 932. $ 8224. Regulations made by Secretary of the Treasury—The Secretary of the Treasury shall make such regulations as may be necessary to Secure the proper execution of this Title. (R. S. § 4462.) Chapter Two—Transportation of Pas- º, sengers and Merchandise penalties. Sec. 8225. Officers and crews of vessels; 8226. Minimum number of Officers. 8227. Watch duty of deck officers. 8228. . Number of passengers allowable; increase. 8229. Same; penalty for carrying too great a number. 8230. Special permit for excursions. 8231. Regulations as to regattas or marine parades; & ity of . Secretary of Commerce. g 8232. Same; enforcement; use of public or private vessels. 8233. Same; transfer of authority to head of other Depart- ment. 8234. Same; violations; penalties; remission thereof. 8235. Tow boats, oyster steamers, and fishing Steamers on Great Lakes carrying persons not passengers. 8236. Life-preservers. 8237. Count or list of passengers. 8238. Same; penalty for failure to keep. 8239. Recovery of penalties. 8240. Precautions against fire. 8241. Fire-pumps and hose. 8242. Dangerous articles not to be carried on passenger- steamers; gasoline in automobiles; regulations. Penalty for unlawfully carrying cotton or hemp. License for use of petroleum in the production of mo- tive-power; ports. 8245. Mode of packing dangerous articles. 8246. Punishment for unlawfully shipping dangerous articles. 8247. Watchmen on passenger-Stearners. 8248. Same; punishment for failure to keep. 8249. Fire-extinguishers. 8250. Tiller ropes, tiller rods or chains, bell-pulls and tubes for passenger steamers. - 8251. Boats for river–Steamers. 8252. Life-preservers for river-steamers. 8253. Fire buckets and axes for river steamers. 8254. Stairways and gangways on river-steamers carrying passengers on main deck. 8255. Accommodation of deck-passengers. 8256. Penalty for not providing proper accommodations for passengers. * 8257. River-steamers to be anchored when navigation is un- Safe. Lifeboats and life-preservers on ocean, lake, and sound steamers; regulations, and application thereof to for- eign vessels; failure to comply With requirements; R. S. § 4463, amended; R. S. § 4489, repealed. [Repealed.] Water-tight bulk-heads in lake-steamers carrying pas- SengerS. sº Same; not required on certain steamers. 8262: Radio-communication apparatus on Ocean-going steam- ers carrying passengers. 8263. Same; apparatus to be efficient for exchange of mes- sages with stations using other systems. 8264. Same; penalty for violation of act; lien on vessel; separate offenses. 8265. Same; regulations. Same; time of taking effect of amendatory act; substi- tute for second operator on cargo steamers. 8267. Use of instruments for security of life. 8268. Barges carrying passengers. 8269. Liability of master and owners for damage to passen- gers. 8270. Copies of Title to be kept on passenger-steamers. 82.71. Name of steamer exhibited. 8272. Duties of customs Officers. 8273. Same; penalty for omission. 8274. Registry or enrollment denied to vessels not complying with law. - 8275. Penalty; for failure to comply. 8276. Same; in cases not provided for. $ 8225. Officers and crews of vessels; penal- ties—No vessel of the United States subject to the provisions of this title or to the inspection laws of the United States shall be navigated unless she shall have in her service and On board such complement Of li- censed officers and crew including Certificated life- boat men, separately stated, as may in the judgment of the local inspectors who inspect the vessel be nec- essary for her safe navigation. The local inspectors author- 8243. 8244. discharge of crude petroleum at terminal shall make in the certificate of inspection of the VeS- sel an entry of such complement of officers and Crew including certificated lifeboat men, separately stated, which may be changed from time to time by indorse- ment On Such certificate by local inspectors by real- son of change of conditions Or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Secre- tary of Commerce, to the supervising inspector and from him to the Supervising Inspector General, who shall have the power to revise, set aside, or affirm the Said determination Of the local inspectors. If any such vessel is deprived of the services of any number of the crew including certificated lifeboat men, separately stated, without the consent, fault, or Collusion of the master, Owner, Or any person inter- ested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is suffi- ciently manned for such voyage: Provided, That the master shall ship, if obtainable, a number equal to the number of those whose services he has been de- prived of by desertion or casualty, who must be of the same grade or of a higher rating with those Whose places they fill. If the master shall fail to explain in writing the Cause of such deficiency in the Crew including certificated lifeboat men, separately Stated, to the local inspectors within twelve hours of the time of the arrival Of the vessel at her destina- tion, he shall be liable to a penalty of $50. If the vessel shall not be manned as provided in this Act, the Owner shall be liable to a penalty of $100, or in Case Of an insufficient number of licensed Officers to a penalty of $500. (R. S. § 4463, amended, April 2, 1908, c. 123, § 1, 35 Stat. 55, March 3, 1913, c. 118, § 1, 37 Stat. 732, March 4, 1915, c. 153, § 14, 38° Stat. 1182, and May 11, 1918, c. 72, § 1, 40 Stat.) § 8226. Minimum number of officers—The board of local inspectors shall make an entry in the Certifi- Cate of inspection of every Ocean and coastwise sea- going merchant vessel Of the United States propelled by machinery, and every Ocean-going Vessel Carrying passengers, the minimum number of licensed deck Officers required for her safe navigation according to the following scale: That no such vessel shall be navigated unless she Shall have on board and in her Service One duly li- CenSed master. That every such vessel of One thousand gross tons and Over, propelled by machinery shall have in her Service and On board three licensed mates, who shall Stand in three watches while Such vessel is being navigated, unless such vessel is engaged in a run. Of less than four hundred miles from the port Of depar- ture to the port of final destination, then such vessel shall have two licensed mates ; and every vessel of two hundred grOSS tons and leSS than One thousand gross tons, propelled by machinery, shall have two licensed mateS. - That every such vessel of one hundred gross tons and under two hundred gross tons, propelled by ma- Chinery, Sháll have On board and in her Service One li- Censed mate, but if such vessel is engaged in a trade in which the time required to make the passage from the port of departure to the port of destination ex- Ceeds twenty-four hours, then Such Vessel Shall have two licensed mates. That nothing in this section shall be so construed as to prevent local inspectors from increasing the number Of licensed Officers On any Vessel Subject to the inspection laws of the United States, if, in their judgment, such vessel is not sufficiently manned for her safe navigation: Provided, That this section shall not apply to fishing Or Whaling vessels, yachts, Or motor boats as defined in the Act of June ninth, inineteen hundred and ten, Or to wrecking vessels. (May 11, 1918, c. 72, § 2, 40 Stat.) Act June 9, 1910, . c. 268, is §§ 8277-8281. This section supersedes Act March 3, 1913, c. 118, § 2, 37 Stat. 733. Ch. 2) 3 8287 REGULATION OF STEAM—VESSELS IPage 1293] § 8227. Watch duty of deck officers—It shall be unlawful for the master, owner, agent, or other person having authority to permit an officer of any vessel to take Charge Of the deck Watch Of the ves- sel upon leaving Or immediately after leaving port, unless such Officer Shall have had at least six hours off duty within the twelve hours immediately pre- ceding the time of Sailing, and no licensed Officer on any Ocean or Coast wise Vessel shall be required to do duty to exceed nine hours of any twenty-four while in port, including the date of arrival, or more than twelve hours of any twenty-four at sea, except in a Case of emergency when life or property is endanger- ed. Any violation. Of this section shall subject the perSon Or persons guilty thereof to a penalty of $100. (May 11, 1918, c. 72, § 3, 40 Stat.) This section supersedes Act March 3, 1913, c. 118, § 3, 37 Stat. 733. $ 8228. Number of passengers allowable; in- crease—The board of local inspectors shall state in every certificate of inspection granted to vessels car- rying passengers, Other than ferryboats, the number Of passengers of each class that any such vessel has accommodation for and can carry with prudence and Safety. They shall report their action to the Super- vising inspector of the district, who may at any time - Order-the number of such passengers—decreased, giv-- ing his reasons therefor in writing, and thereupon the board of local inspectors shall change the cer- tificate of inspection of such vessel to conform with the decision of the supervising inspector. Whenever the allowance of passengers shall be increased by any board Of local inspectors such increase shall be re- ported to the supervising inspector of the district, to- gether With the reasons therefor, and such increase Shall not become effective until the same has been approved in writing by the supervising inspector. (R. Šiš. 4464, amended, Feb. 14, 1917, c. 63, § 1, 39 Stat. $ 8229. Same; penalty for carrying too great a number—It shall not be lawful to take On board Of any Vessel a greater number of passengers than is stated in the certificate of inspection, and for ev- ery Violation of this provision the master or owner Shall be liable to any person suing for the same to forfeit the amount of passage money and $10 for each passenger beyond the number allowed. The master or owner of the vessel, or either or any Of them, who shall knowingly violate this provision shall be liable to a fine of not more than $100 or im- prisonment of not more than thirty days, or both. (R. S. § 4465, amended, Feb. 14, 1917, c. 63, § 2, 39 Stat. 918.) $ 8230. Special permit for excursions—If any passenger vessel engages in excursions, the board of local inspectors shall issue to such vessel a special permit, in writing, for the occasion, in which shall be stated the additional number of passengers that may be Carried and the number and kind of life-Sav- ing appliances that shall be provided for the safety Of Such additional passengers; and they shall also, in their discretion, limit the route and distance for Such excursions: Provided, however, That the issu- ance of such special permit shall be reported by the board of local inspectors to the supervising inspector Of the district, and such special permit shall not be effective until approved by the said supervising in- Spector. (R. S. § 4466, amended, Feb. 14, 1917, c. 63, § 3, 39 Stat. 918.) $ 8231. Regulations as to regattas or marine parades; authority of Secretary of Commerce— The Secretary of Commerce [and Labor] is hereby au- thorized and empowered in his discretion to issue from time to time regulations, not contrary to law, to 1)romote the Safety of life on navigable waters during regattas Or marine parades. (April 28, 1908, c. 151, § 1, 35 Stat. 69.) Words in brackets superseded by § 932. $ 8232. Same; enforcement; use of public or private vessels—To enforce such regulations the Sec- retary of Commerce [and Labor] may detail any pub- lic vessel in the Service of that Department and make use of any private vessel tendered gratuitously for the purpose, or upon the request of the Secretary of Commerce and Labor the head of any other Depart- ment may enforce the regulations issued under this Act by means of any public vessel of such Depart- ment and of any private vessel tendered gratuitously for the purpose. (April 28, 1908, c. 151, § 2, 35 Stat. 69.) Words in brackets superseded by § 932. $ 8233. Same; transfer of authority to head of other Department—The authority and power be- stowed upon the Secretary of Commerce [and Labor] by sections one and two may be transferred for any Special OCCasion to the head of another Department by the President whenever in his judgment such trans- fer is desirable. (April 28, 1908, c. 151, § 3, 35 Stat. 69. ) Words in brackets superseded by § 932. $ 8234. Same; violations; penalties; remis- sion thereof—For any violation of regulations issued pursuant to this Act the following penalties shall be incurred: (a) A licensed officer shall be liable to suspension or revocation of license in the manner now prescrib- ed by law for incompetency or misconduct. (b) Any person in charge of the navigation of a Vessel Other than a licensed Officer Shall be liable to a penalty Of five hundred dollars. (c) The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually On board shall be liable to a penalty of five hundred dollars, unless the violation of regulations shall have OCCurred without his knowledge. (d) Any other person shall be liable to a penalty of two hundred and fifty dollars. The Secretary of Commerce [and Labor] is hereby authorized and empowered to mitigate or remit any penalty herein provided for in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws. (April 28, 1908, c. 151, § 4, 35 Stat. 69.) Words in brackets superseded by § 932. § 8235. Tow boats, oyster steamers, and fish- ing steamers on Great Lakes carrying persons not passengers—Any steam vessel engaged in the business of towing vessels, rafts, or water craft of any kind, also steam vessels engaged in Oyster dredg- ing and planting, and fishing steamers engaged in food fishing on the Great Lakes and all other inland waters of the United States, and not carrying pas- sengers, may be authorized and licensed by the Su- pervising inspector of the district in which said steam- er shall be employed to carry On board such number Of persons, in addition to its Crew, as the supervis- ing inspector, in his judgment, shall deem necessary to carry on the legitimate business of such towing, Oyster and fishing Steamers, not exceeding, however, one person to every net ton of measurement of said steamer: Provided, however, That the person so al- lowed to be Carried Shall not be carried for hire. (July 9, 1886, c. 755, § 1, 24 Stat. 129, amended, Feb. 23, 1901, c. 465, § 1, 31 Stat. 800.) $ 8236. Life-preservers—Every steam vessel li- censed under the foregoing section shall carry and have On board, in accessible places, One life-preserver for every person allowed to be carried, in addition to those provided for the crew of such vessel. (July 9, 1886, c. 755, § 2, 24 Stat. 129, amended, Feb. 23, 1901, c. 465, § 2, 31 Stat. 800.) $ 8237. Count or list of passengers—The mas- ter of every passenger steamer shall keep a COrrect Count of all the passengers received and delivered from day to day, which count shall be open to the inspection of the inspectors and officers of the CuS- toms at all times, and the aggregate number of pas- § 8237 (Tit. 52 REGULATION OF STEAM—VESSELS [Page 1294] SengerS shall be furnished to inspectors as Often as called for: Provided, however, That a correct list of paSSengers received and delivered from day to day Shall be kept, instead of a correct count, by the mas- ters of sea-going passenger steamers in the coast- Wise trade and by the masters of passenger steamers On the Great Lakes On routes exceeding three hun- dred miles: Provided further, That nothing herein shall affect existing laws relative to vessels running between this country and foreign ports. (R. S. § 4467, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, and May 28, 1908, c. 212, § 3, 35 Stat. 425.) As to immigrant passengers, see Title XLVIII, “Regu- lation of Commerce and Navigation,” c. 6 $ 8238. Sarne; penalty for failure to keep- Every master of any passenger steamer who fails, through negligence Or design, to keep a COunt Or list of passengers as required by the preceding section shall be liable to a penalty of One hundred dollars. (R. S. § 4468, amended, May 28, 1908, c. 212, § 4, 35 Stat. 425.) - $ 8239. Recovery of penalties—The penalties imposed by sections forty-four hundred and sixty-five and forty-four hundred and sixty-eight shall be a lien upon the vessel in each case; but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment. (R. S. § 4469.) $ 8240. Preeautions against fire—Every Steam- er carrying passengers or freight shall be provided with suitable pipes and valves attached to the boiler to convey steam into the hold and to the different compartments thereof to extinguish fire, or such other suitable apparatus as may be prescribed by the regula- tions of the board of Supervising inspectors, with the approval Of the Secretary of Commerce : [and Labor], for extinguishing fire in the hold and Compartments thereof by the introduction through pipes into Such hold and compartments of carbonic acid gas Or Other fire-extinguishing gas Or vapor; and every stove used on board of any such vessel shall be well and securely fastened, so as to prevent it from being moved Or overthrown, and all woodwork or other ignitible sub- stances about the boilers, chimneys, cook houses, and stovepipes, exposed to ignition shall be thoroughly Shielded by SOme incombustible material in such a manner as to leave the air to circulate freely between Such material and WOOdwork Or other ignitible Sub- Stance; and before granting a Certificate of inspection the inspector shall require all other necessary pro- visions to be made throughout such vessel to guard against loss or danger from fire. (R. S. § 4470, amend- ed, March 3, 1905, c. 1457, § 7, 33 Stat. 1031.) Words in brackets superseded by § 932. See § 8152. $ 8241. Fire-pumps and hose—Every Steamer permitted by her certificate of inspection to carry as many as fifty passengers, or upward, and every Steam- er carrying passengers, which also carries cotton, hay, or hemp, shall be provided with a good double-acting steam fire-pump, or other equivalent apparatus for throwing water. Such pump or other apparatus for throwing water shall be kept at all times and at all seasons of the year in good order and ready for im- mediate use, having at least two pipes of suitable di- mensions, One on each side of the vessel, to Convey the water to the upper decks, to which pipes there shall be attached, by means of stop Cocks or valves, both between decks and On the upper deck, good and Suita- ble hose of sufficient strength to stand a pressure of not less than One hundred pounds to the square inch, long enough to reach to all parts Of the Vessel and properly provided with nozzles, and kept in good or- der and ready for immediate service. Every steamer exceeding two hundred tons burden and carrying pas- sengers shall be provided with two good double-acting fire pumps, to be worked by hand; each chamber of such pumps, except pumps upon steamers in service on the twenty-eighth day Of February, eighteen hundred and seventy-one, shall be of sufficient capacity to con- tain not less than one hundred cubic inches of water; and such pumps shall be placed in the most Suitable parts of the vessel for efficient service, having Suita- ble well-fitted hose to each pump, of at least One-half the vessel in length, kept at all times in perfect Order, and shipped uſ) and ready for immediate use. On ev- ery steamer not exceeding two hundred tons, one of SūCh pulmps may be dispensed With. Each fire pump thus prescribed shall be supplied with water by means Of a suitable pipe Connected there with, and passing through the side of the vessel so low as to be at all times under Water when she is afloat. Every stealmer shall also be provided with a pump which shall be of sufficient strength and suitably arranged to test the boilers thereof. (R. S. § 4471, amended, June 30, 1906, c. 3919, 34 Stat. 797.) $ 8242. Dangerous articles not to be carried on passerager-steamers; gasoline, in automobiles; regulations—NO loose hay, loose Cotton, Or loose hemp, Camphene, nitroglycerin, naphtha, benzine, ben- Zole, Coal oil, Crude Or refined petroleum, or Other like explosive burning fluids, or like dangerous articles, shall be Carried as freight Or used as stores on any steamer carrying passengers; nor shall baled Cotton Or hemp be carried On such steamers unless the bales are compactly pressed and thoroughly covered and secured in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Commerce [and La- bor] ; nor shall gunpowder be carried On any such ves- sel except under Special license; nor shall Oil Of Vit- riol, nitric Or Other chemical acids be carried on Such Steamers except On the decks Or guards thereof Or in such other safe part of the vessel as shall be pre- scribed by the inspectors. Refined petroleum, which will not ignite at a temperature less than One hun- dred and ten degrees of Fahrenheit thermometer, may be carried on board such steamers upon routes where there is no other practicable mode of transporting it, and under such regulations as shall be prescribed by the board of supervising inspectors with the approval of the Secretary of Commerce [and Labor]; and oil Or Spirits of turpentine may be carried on Such steam- ers when put up in good metallic vessels or casks or barrels Well and Securely bollnd with iron and Stowed in a secure part of the vessel, and friction matches may be carried on such steamers when securely packed in strong tight Chests Or boxes, the COvers Of which shall be well Secured by locks, Screws, Or Other relia- ble fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. All such Other provisions shall be made on every steamer Carry- ing passengers or freight, to guard against and ex- tinguish fire, as shall be prescribed by the board of supervising inspectors and approved by the Secretary Of Commerce [and Iabor]. Nothing in the foregoing or following Sections of this Act shall prohibit the trans- portation by steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power : Provided, however, That all fire, if any, in such vehicles Or automobiles be extinguished immediately after entering the said Vessel, and that the Same be not relighted until im- mediately before said vehicle shall leave the vessel : Provided further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automo- bile vehicles the tanks of which contain gasoline, naph- tha, or other dangerous burning fluids. Provided, however, That nothing in the provisions Of this Title shall prohibit the transportation by vessels not carry- ing passengers for hire, of gasoline or any of the prod- ucts Of petroleum for use as a Source of motive pow- er for the motor boats Or launches Of Such vessels : Provided further, That nothing in the foregoing or fol- lowing sections of this Act shall prohibit the use, by steam vessels carrying passengers for hire, of lifeboats equipped with gasoline motors, and tanks containing gasoline for the Operation of Said motor-driven life- Ch. 2) # 8251 REGULATION OF STEAM—VESSELS [Page 1295] boats: Provided, however, That no gasoline shall be Carried Other than that in the tanks of the lifeboats: Provided further, That the use of such lifeboats equip- ped with gasoline motors shall be under such regu- lations as shall be prescribed by the board of super- Vising inspectors with the approval of the Secretary of Commerce [and Labor]. Provided, however, That nothing in the foregoing or following sections of this Act shall prohibit the transportation and use by ves- Sels carrying passengers or freight for hire of gasoline Or any of the products of petroleum for the Operation Of engines to supply an auxiliary lighting and wireless System independent of the vessel's main power plant: Provided further, That the transportation or use of Such gasoline or any of the products of petroleum shall be under such regulations as shall be prescribed by the board of Supervising inspectors, with the approval of the Secretary of Commerce. Provided, however, That kerosene and lubricating oils made from refined prod- ucts of petroleum which will stand a fire test of not less than three hundred degrees Fahrenheit may be used as Stores on board steamers carrying passengers, under Such regulations as shall be prescribed by the Board of Supervising Inspectors with the approval of the Secretary of Commerce. (R. S. § 4472, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, Feb. 20, 1901, c. 386, 31 Stat. 799, Feb. 18, 1905, c. 586, 33 Stat. 720, March 3, 1905, c. 1457, § 8, 33 Stat. 1031. May 28, 1906- c. 2565, 34 Stat. 204, Jan. 24, 1913, c. 10, 37 Stat. 650, Act Oct. 22, 1914, c. 336, 38 Stat. 766, and March 29, 1918, c. 30, 40 Stat.) Words in brackets superseded by § 932. See §§ 10402, 10405, 10406. And see Title XLVIII, Chapter 6. $ 8243. Penalty for unlawfully carrying cot- ton or helmp—Every bale of cotton or hemp that shall be Shipped or carried on any passenger-steamer, with- Out Conforming to the provisions of the preceding Section, shall be subject to a penalty of five dollars, and shall be liable to seizure and sale to Secure the payment of such penalty. (R. S. § 4473.) $ 8244. License for use of petroleum in the production of motive-power; discharge of crude petroleum at terminal ports—The Secretary Of the Treasury may grant permission to the owner of any Steam-vessel, to use any invention or process for the utilization of petroleum or other mineral oils or Sub- stances in the production of motive-power, and may Imake and enforce regulations concerning the appli- Cation and use of the same for such purpose. But no such permission shall be granted, unless upon the cer- tificate of the supervising inspector of steamboats for the district wherein such vessel is registered, and other satisfactory proof that the use of the same is safe and efficient; and upon such proof, and the ap- proval of such certificate by the Secretary of the Treasury, a special license for the use of such pro- CeSS or invention shall issue under the Seal Of the Treasury Department. Provided, however, That the Secretary of the Treasury may permit the use of petroleum as fuel On Steamers not carrying passen- gers, without the certificate of the Supervising In- spector of the district where the vessel is to be used, Subject to such conditions and Safe-guards as the Secretary of the Treasury in his judgment shall pro- vide. For a violation of any of the conditions im- posed by the Secretary of the Treasury a penalty of five hundred dollars shall be imposed, which penalty shall be a lien upon the vessel, but a bond may, as provided in other cases, be given to secure the sat- isfaction of the judgment. Provided further, That when crude petroleum of a flash point not less than one hundred and fifty degrees Fahrenheit, is carried in the double-bottom fuel tanks of steamers using the same for fuel, the crude petroleum carried in such tanks in excess of the necessities of the voyage may be discharged at terminal ports when no passengers are on board the ship. Crude petroleum carried and discharged under these conditions will not be con- sidered stores or cargo within the contemplation of Section forty-four hundred and seventy-two, Revised Statutes of the United States. (R. S. § 4474, amend- ed., Oct. 18, 1888, c. 1197, 25 Stat. 564, and July 17, 1914, c. 146, 38 Stat. 511.) R. S. 4472, is § 8242. $ 8245. Mode of packing dangerous articles— All gunpowder, nitro-glycerine, camphene, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, Oil of vitriol, nitric or other chemical acids, oil or spirits of turpentine, friction-matches, and all other articles of like character, when packed or put up for shipment, shall be securely packed and put up Sep- arately from each other and from all other articles ; and the package, box, cask, or other vessel Containing the same shall be distinctly marked on the Outside, with the name or description of the article Contain- ed therein. (R. S. § 4475.) § 8246. Punishment for unlawfully shipping dangerous articles—Every person Who packs Or putS up, or causes to be packed or put up for shipment, any gunpowder, nitro-glycerine, camphene, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or other chemical acids, oil or Spirits of turpentine, friction-matches, or other arti- cles Of like Character otherwise than as directed by the preceding section, or who knowingly ships or attempts to ship the same, or delivers the same to any such vessel as stores, unless duly packed and marked, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding two thousand dollars, or imprisonment not exceeding eighteen months, or both ; one-half of the fine to go to the in- former, and the articles to be liable to seizure and forfeiture. (R. S. § 4476.) $ 8247. Watchmen on passenger-steamers— Every steamer carrying passengers during the night- time shall keep a suitable number of watchmen in the cabins, and on each deck, to guard against fire or other dangers, and to give alarm in case of acci- dent or disaster. (R. S. § 4477.) $ 8248. Same; punishment for failure to Keep—For any neglect to keep the watchmen re- quired by the preceding section, the license of the officer in charge of the vessel for the time being shall be revoked ; and every Owner of Such Vessel who neg- lects Or refuses to furnish the number Of Imen neces- sary to keep watch as required, shall be fined one thousand dollars. (R. S. § 4478.) § 8249. Fire-extinguishers—The board of Su- pervising inspectors may require steamers carrying either passengers Or freight to be provided with such number and kind of good and efficient portable fire- extinguishers as, in the judgment of the board, may be necessary to protect them from fire when such Steamers are moored or lying at a wharf without steam to work the pumps. (R. S. § 4479.) See § 8152. $ 8250. Tiller ropes, tiller rods or chains, bell- pulls and tubes for passeriger stearners—Every steamer carrying passengers shall be provided with such tiller ropes, tiller rods, or chains for the pur- pose of steering and navigating the vessel, and such bell-pulls for signalizing the engineer from the pilot house, and such tubes or other arrangement to repeat back the signal to the pilot house, as may be pre- scribed by the board of supervising inspectors, with the approval of the Secretary of Commerce and La- bor. (R. S. § 4480, as amended, March 3, 1905, c. 1456, § 2. 33 Stat. 1028.) § 8251. Boats for river-steamers—Every steam- vessel navigating rivers only, except ferry-boats, freight-boats, canal-boats, and towing-boats, of less than fifty tons, shall have at least one good substan- tial boat with lines attached, and properly supplied with oars, and kept in good condition at all times, and ready for immediate use; and in addition thereto. every such vessel carrying passengers shall have one or more metallic life-boats, fire-proof, and in all re- spects good and substantial boats, of such dimensions # 8252 (Tit. 52 REGULATION OF STEAM-VESSELS [Page 1296] and arrangements as the board Of Supervising inspec- tors by their regulations shall prescribe, which boats Shall be carried in the most convenient manner to be brought into immediate use in Case of accident. But where the character of the navigation is such that, in the Opinion of the Supervising inspectOr, the metal- lic life-boats can be dispensed with, he may exempt any such vessel from Carrying the same ; or may re- Quire a substitute therefor, at his discretion. (R. S. § 4481.) $ 8252. Life-preservers for river-steamers— Every such steam-vessel carrying passengers shall also be provided with a good life-preserver, made Of suitable material, for every Cabin passenger for which she will have accommodation, and also a good life-preserver or float for each deck or Other class passenger which the inspector’s certificate shall allow her to carry, including the Officers and Crew ; which life-preservers Or floats shall be kept in COn- venient and accessible places on such vessel in readi- ness for immediate use in case of accident. (R. S. § 4482.) See § 8152. $ 8253. Fire buckets and axes for river- steamers—Every Such steam vessel Carrying passen- gers shall keep such fire buckets, axes, and water barrels as shall be prescribed by the regulations es- tablished by the board of supervising inspectors, with the approval Of the Secretary of Commerce and La- bor. The buckets and barrels shall be kept in COn- venient places and filled with water, to be in readi- ness in case of fire, and the axes shall be kept in good Order and ready for immediate use. Tanks of Suita- ble dimensions and arrangement, or buckets in Suf- ficient number, may be substituted for barrels. (R. S. § 4483, amended March 3, 1905, c. 1456, § 3, 33 Stat. 1028.) $ 8254. Stairways and gangways on river- steamers carrying passengers on main deck—EV- ery such steam-Vessel carrying passengers on the main-deck shall be provided with permanent stair- Ways and Other sufficient means, convenient to the passengers, for their escape to the upper deck, in Case of the vessel sinking or of other accident en- dangering life; and in the stowage of freight upon such deck, where passengers are carried, gangways Or passages, sufficiently large to allow persons to pass freely through them, shall be left open both fore and aft Of the vessel, and also to and along the guards On each side. (R. S. § 4484.) $ 8255. Accommodation of deck-passengers— The captain or mate of every such steam-vessel car- rying passengers upon the main-deck shall assign to all deck-passengers, when taking passage, the space On deck they may occupy during the voyage, and Such space shall not thereafter be occupied by freight, nor overcrowded by other persons, nor shall freight be stowed about the boilers or machinery, in such a Imanner as to obstruct or prevent the engineer from readily attending to his duties. (R. S. § 4485.) $ 8256. Penalty for not providing proper ac- commodations for passengers—For every violation Of the provisions of the two preceding sections the Owners of the vessel shall be punished by a fine of three hundred dollars. (R. S. § 4486.) § 18257. River-steamers to be anchored when inavigation is unsafe—On any steamers navigating rivers Only, when, from darkness, fog, or other Cause, the pilot or watch shall be of opinion that the naviga- tion is unsafe, Or, from accident to or derangement Of the machinery of the boat, the chief engineer shall be of the Opinion that the further navigation of the Vessel is unsafe, the vessel shall be brought to an- Chor, Or moored as soon as it can prudently be done: Provided, That if the person in command shall, after being so admonished by either of such officers, elect to pursue such voyage, he may do the same; but in Such case both he and the owners of such steamer Shall be answerable for all damages which shall arise to the perSon of any passenger, or his baggage, from Such causes in so pursuing the voyage, and no degree of Care or diligence shall in such case be held to jus- tify or excuse the person in command, or the owners. (R. S. § 4487.) - - $ 8258. Lifeboats and life-preservers on ocean, lake, and sound steamers; regulations, and application thereof to foreign vessels; fail- ure to comply with requirements; R. S. § 4463, amended; R. S. § 4489, repealed—Every steamer navigating the Ocean, or any lake, bay, or sound of the United States, shall be provided with such num- bers of lifeboats, floats, rafts, life-preservers, line- Carrying projectiles, and the means of propelling them, and drags, as will best secure the safety of all per- Sons On board such vessel in case of disaster; and ev- ery Seagoing vessel carrying passengers, and every Such vessel navigating any of the northern or north- Western lakes, shall have the lifeboats required by law, provided with suitable boat-disengaging appara- tus, SO arranged as to allow Such boats to be safely launched while such vessels are under Speed or other- Wise, and SO as to allow such disengaging apparatus to be Operated by one person, disengaging both ends of the boat simultaneously from the tackles by which it may be lowered to the water. And the board of Supervising inspectors shall fix and determine, by their rules and regulations, the character of life- boats, floats, rafts, life-preservers, line-carrying pro- jectiles, and the means of propelling them, and drags that shall be used On Such vessels, and also the Char- acter and capacity of pumps or other appliances for freeing the steamer from water in case of heavy leak- age, the capacity of such pumps or appliances being Suited to the navigation in which the steamer is em- ployed. Every vessel subject to the provisions of this title shall, while in Operation, carry One life- preserver for each and every person allowed to be carried on said vessel by the certificate of inspection, including each member of the crew: Provided, how- ever, That upon such vessels and under such condi- tions as are specified in section forty-four hundred and eighty-two floats may be substituted for life-pre- servers. Any person who willfully and knowingly manufactures or sells, or offers for sale, Or has in his possession with intent to sell, life-preservers Con- taining metal or other nonbuoyant material, for the purpose of increasing the weight thereof, or more metal or other such material than is reasonably neces- sary for the construction thereof, or who shall so manufacture, sell, offer for sale, or possess with in- tent to sell any other articles commonly used for preservation of life or the prevention of fire on board vessels subject to the provisions of this title, which articles shall be so defective as to be inefficient to accomplish the purposes for which they are respec- tively intended and designed, shall upon conviction. be fined not more than two thousand dollars, and may, in addition thereto, in the discretion of the court, be imprisoned not exceeding five years. The powers bestowed by this section upon the Board of Supervising Inspectors in respect of lifeboats, floats, rafts, life preservers, and other life-saving ap- pliances and equipment, and the further requirements berein as to davits, embarkation of passengers in life- boats and rafts, and the manning of lifeboats and rafts, and the musters and drills of the crews, on steamers navigating the ocean or any lake, bay, or Sound of the United States, on and after July first, nineteen hundred and fifteen, shall be subject to the provisions, limitations, and minimum requirements of the regulations herein set forth, and all such vessels shall thereafter be required to comply in all respects therewith: Provided, That foreign vessels leaving ports of the United States shall comply with the rules herein prescribed as to life-saving appliances, their equipment, and the manning of same. Ch. 2) 3 8258 REGULATION OF STEAM—VESSELS [Page 1297I REGULATIONS LIFE—SAVING APPLIANCES STANDARD TYPES OF BOATS The standard types of boats classified as follows: Class. Section. Type. rA. Open. Internal buoy- ancy Only. B. Open. Internal and I - external buoyancy. (Entirely rigid sides). C. Pontoon. Well deck; fixed Water-tight \. bulwarkS. ſ A. Open. Upper part of Sides collapsible. B. Pontoon. Well deck, II – Collapsible Water- Partiall g e tight bulwarks. ( y Collapsible sides). C. Pontoon. Flush deck; Collapsible water- , tight bulwarks. \- STRENGTH OF BOATS te Each boat must be of sufficient strength to enable it to be Safely lowered into the water when loaded With its full complement of persons and equipment. ALTERNATIVE TYPES OF BOATS AND RAFTS Any type of boat may be accepted as equivalent to a boat of one of the prescribed classes and any type Of raft as equivalent to an approved pontoon raft, if the Board of Supervising Inspectors, with the approval Of the Secretary of Commerce, is satisfied by suitable trials that it is as effective as the standard types of the class in question, or as the approved type of pon- toon raft, as the case may be. Motor boats may be accepted if they comply with the requirements laid down for boats of the first class, but Only to a limited number, which number shall be determined by the Board of Supervising Inspectors, With the approval of the Secretary of Commerce. No boat may be approved the bouyancy of which depends upon the previous adjustment of one of the principal parts of the hull or which has not a cubic ºcity Of at least one hundred and twenty-five cubic ©et. BOATS OF THE FIRST CLASS The standard types of boats of the first class must Satisfy the following conditions: 1A.—OPEN BOATS WITH INTERNAL BUoxANCY on LY The buoyancy of a wooden boat of this type shall be provided by water-tight air cases, the total volume of which shall be at least equal to one-tenth of the Cubic capacity of the boat. The buoyancy of a metal boat of this type shall not be less than that required above for a wooden boat of the Same Cubic capacity, the volume of water-tight air Cases being increased accordingly. 1B.—OPEN BOATS WITH INTERNAL AND ExPERNAL BUOYANCY The internal buoyancy of a wooden boat of this type shall be provided by water-tight air cases, the total Volume of which is at least equal to seven and One-half per centum of the cubic capacity of the boat. * The external buoyancy may be of cork or of any Other equally efficient material, but such buoyancy Shall not be secured by the use of rushes, cork shav- ings, loose granulated cork, or any other loose gran- ulated Substance, or by any means dependent upon in- flation by air. If the buoyancy is of Cork, its volume, for a wooden boat, shall not be less than thirty-three thousandths of COMP.ST.’18—82 the cubic capacity of the boat; if of any material oth- er than Cork, its volume and distribution shall be Such that the buoyancy and stability of the boat are not less than that of a similar boat provided with buoyan- Cy Of Cork. The buoyancy of a metal boat shall be not less than that required above for a wooden boat of the same cu- bic capacity, the volume of the air cases and external buoyancy being increased accordingly. 1C.—PONToon BoATs, IN which PERSONs CAN NOT BE ACCOMMODATED BELOW THE DECK, HAVING A WELL DECIS AND FIXED WATER -TIGHT BULWARES The area. Of the well deck of a boat of this type Shall be at least thirty per centum of the total deck area. The height of the well deck above the water line at all points shall be at least equal to one-half per Centum Of the length of the boat, this height being in- Creased to One and One-half per centum of the length of the boat at the ends of the well. The freeboard of a boat. Of this type shall be such as to provide for a reserve buoyancy of at least thirty- five per Centum. BOATS OF THE SECOND CLASS The Standard types of boats Of the second class must satisfy the following conditions: 2A.—OPEN BOATS HAVING TTIE UPPER PART OF THE SIDES COLLAPSIBLE A boat of this type shall be fitted both with water- tight air cases and with external buoyancy, the vol- ume of which, for each person which the boat is able to a CCOmmodate, Shall be at least equal to the follow- ing amounts: Air Cases, one and five-tenths cubic feet; external buoyancy (if of cork), two-tenths cu- bic foot. The minimum freeboard of boats of this type is fixed in relation to their length; it is measured verti- cally to the top of the solid hull at the side amidships, from the Water level When the boat is loaded. The freeboardi in fresh water shall not be less than the following amounts : Length of Minimum the boat. freeboard. Feet. Inches. 26 8 28 9 30 10 The freeboard of boats of intermediate lengths is to be found by interpolation. 2B.—PONTOON BOATS HAVING A WELL DECK AND COL- LAPSIBLE BUILWARFCS All the conditions laid down for boats Of type 1C are to be applied to boats of this type, which differ from those of type 1C only in regard to the bulwarkS. 2C.—PONTOON BOATS, IN WEIICII THE PERSONS CAN NOT RE ACCOMMODATED BELOW DECK, HAVING A FLUTSH DECR AND COLLAPSIBILE BUILWARRS The minimum freeboard of boats of this type is in- dependent of their lengths and depends only upon their depth. The depth of the boat is to be measured vertically from the underside of the garboard Strake to the top of the deck On the side amidships, and the freeboard is to be measured from the top Of the deck at the side amidships to the water level. When the boat is loaded. The freeboard in fresh Water shall not be less than the following amounts, which are applicable Without * # 8258 (Tit. 52 REGULATION OF STEAM—VESSELS IPage 12981 Correction to boats having a mean sheer equal to three per Centum of their length: Depth of Minimum boat. freeboard. Inches. Inches. 12 2% 18 3% 20 5% 30 6% For intermediate depths the freeboard is obtained by interpolation. If the sheer is less than the standard sheer defined above, the minimum freeboard is obtained by adding to the figures in the table One-seventh of the difference between the standard sheer and the actual mean sheer measured at the stem and sternpost. No deduction is to be made from the freeboard on a CCOunt Of the Sheer being greater than the standard sheer or On account of the calmber Of the deck. MOTOR BOATS When motor boats are accepted, the volume of in- ternal buoyancy and, when fitted, the external buoy- ancy, must be fixed, having regard to the difference between the weight of the motor and its accessories and the weight of the additional persons which the bOat Could accommodate if the motor and its a CCeS- SOries Were removed. ARRANGEMENTS FOR CLEARING IPOINTOON LIFEB OATS OF WATER All pontoon lifeboats shall be fitted with efficient means for quickly clearing the deck of water. The Orifices for this purpose shall be such that the Water can not enter the boat through them when they are intermittingly submerged. The number and size of the Orifices shall be determined for each type of boat by a Special test. For the purpose of this test the pontoon boat shall be loaded with a weight of iron or bags of sand, equal to that Of its Complement of persons and equipment. In the case of a boat twenty-eight feet in length two tons Of water shall be Cleared from the boat in a time not exceeding the following: type 1C, sixty seconds; type 2B, sixty seconds; type 2C, twenty SecondS. In the case of a boat having a length greater or less than twenty-eight feet the weight of water to be cleared in the same time shall be, for each type, di- rectly proportional to the length of the boat. CONSTRUCTION OF BOATS Open lifeboats of the first Class (types 1A and 1B) must have a mean sheer at least equal to four per centum of their length. The air cases of Open boats of the first class shall be placed along the sides of the boat; they may also be placed at the ends Of the boat, but not in the bot- tom Of the boat. - Pontoon lifeboats may be built of wood or metal. If constructed of wood, they shall have the bottom and deck made of two thicknesses with textile materi- al between ; if of metal, they shall be divided into wa- ter-tight compartments with means of access to each Compartment. All boats shall be fitted for the use of a steering OäI’. E’ONTOON RAFTS No type of pontoon raft may be approved unless it satisfies the following Conditions: First. It should be reversible and fitted with bul- warks of wood, canvas, or other suitable material on both sides. These bulwarks may be collapsible. Second. It should be of such size, strength, and and One-half square feet ; Weight that it can be handled without mechanical ap- pliances, and, if necessary, be thrown from the ves- Sel’s deck. Third. It should have not less than three cubic feet Of air cases or equivalent buoyancy for each person whom it can accommodate. Fourth. It should have a deck area of not less than four Square feet for each person whom it can accom- modate and the platform should not be less than six inches above the water level when the raft is loaded. Fifth. The air cases or equivalent buoyancy should be placed as near as possible to the sides of the raft. CAPACITY OF BOATS AND PON TO ON RAFTS First. The number of persons which a boat of one of the standard types or a pontoon raft can accom- modate is equal to the greatest whole number obtain- ed by dividing the capacity in cubic feet, or the sur- face in Square feet, of the boat or of the raft by the Standard unit of capacity, or unit of surface (accord- ing to circumstances), defined below for each type. Second. The cubic capacity in feet of a boat in Which the number of persons is determined by the Surface Shall be assumed to be ten times the number Of persons which it is authorized to carry. Third. The standard units of capacity and surface are as follows: Units Of Capacity, open boats, type 1A, ten cubic feet ; Open boats, type 1B, nine cubic feet. Unit of Surface, open boats, type 2A, three and One-half Square feet; pontoon boats, type 2C, three pontoon boats, type 1C, three and one-fourth square feet; pontoon boats, type 2B, three and one-fourth square feet. Fourth. The board of supervising inspectors, with the approval of the Secretary of Commerce, may ac- cept, in place of three and one-fourth, a smaller di- Visor, if it is satisfied after trial that the number of persons for whom there is seating accommodation in the pontoon boat in question is greater than the num- ber obtained by applying the above divisor, provided always that the divisor adopted in place of three and One-fourth may never be less than three. CAIPACITY LIMITS Pontoon boats and pontoon rafts shall never be marked with a number of persons greater than that Obtained in the manner specified in this section. This number shall be reduced— First. When it is greater than the number of per- Sons for which there is proper seating accommoda- tion, the latter number being determined in such a way that the persons when seated do not interfere in any way with the USe Of the Oars. - Second. When in the case of boats other than those Of the first two sections of the first class, the free- board, when the boat is fully loaded, is less than the freeboard laid down for each type respectively. In Such Circumstances the number Shall be reduced un- til the freeboard, when the boat is fully loaded, is at least equal to the standard freeboard laid down above. In boats of types 1C and 2B the raised part of the deck at the sides may be regarded as affording seat- ing accommodation. EQUIVALENTS FOR AND WEIGHT OF THE PERSONS In test for determining the number of persons which a boat or pontoon raft can accommodate each person shall be assumed to be an adult person wear- ing a life jacket. In verifications of freeboard the pontoon boats shall be loaded with a weight of at least one hundred and sixty-five pounds for each adult person that the pontoon boat is authorized to carry. In all cases two children under twelve years of age shall be reckoned as one person. * Ch. 2) 3 8258 REGUIATION OF STEAM-VESSELS [Page 1299|| cuBIc CAPACITY of opBN BoATS OF THE FIRST CLASS First. The cubic capacity of an Open boat. Of type 1A or 1B shall be determined by Stirling's (Simpson's) rule or by any other method, approved by the Board of Supervising Inspectors, giving the same degree Of accuracy. The capacity of a square-sterned boat shall be calculated as if the boat had a pointed Stern. Second. For example, the capacity in cubic feet of a boat, calculated by the aid of Stirling's rule, may be considered as given by the following formula: Capacity =#(4A+2B+4C) 1 being the length of the boat in meters (or feet) from the inside of the planking or plating at the stem to the Corresponding point at the stern post; in the Case of a boat with a square stern, the length is measured to the inside of the transOm. - - A, B, C denote, respectively, the areas of the Cross sections at the quarter length forward, amidships, and the quarter length aft, which correspond to the three points obtained by dividing 1 into four equal parts. (The areas corresponding to the two ends of the boat are considered negligible.) - The areas A, B, C shall be deemed to be given in Square feet by the successive application of the fol- lowing formula to each Of the three CrOSS Sections: { Area =#(a+4b*2e 4die). h being the depth measured in meters (or in feet) inside the planking or plating from the keel to the level of the gunwale, or, in certain cases, to a low- er level, as determined hereafter. Y 'a, b, c, d, e denote the horizontal breadths of the boat measured in feet at the upper and lower points Of the depth and at the three points obtained by di- Viding h into four equal parts (a and e being the breadths at the extreme points, and c at the middle point, Of h). Third. If the sheer of the gunwale, measured at the two points situated at a quarter of the length of the boat from the ends, exceeds one per centum of the length of the boat, the depth employed in calcu- lating the area of the Cross sections A or C shall be deemed to be the depth amidships plus one per cen- tum Of the length of the boat. Fourth. If the depth of the boat amidships exceeds forty-five per centum of the breadth, the depth em- ployed in calculating the area of the midship cross Section B shall be deemed to be equal to forty-five per Centum of the breadth ; and the depth employed in Calculating the areas of the quarter-length sec- tions A and C is obtained by increasing this last figure by an amount equal to one per centum of the length of the boat, provided that in no case shall the depths employed in the calculation exceed the actual depths at these points. Fifth. If the depth of the boat is greater than four feet, the number of persons given by the applica- tion of this rule shall be reduced in proportion to the ratio of four feet to the actual depth, until the boat has been satisfactorily tested "afloat with that Inumber of persons on board all wearing life jackets. Sixth. The Board of Supervising Inspectors shall impose, by suitable formulae, a limit for the number of persons allowed in boats with very fine ends and in boats very full in form. Seventh. The Board of Supervising Inspectors may by regulation assign to a boat a capacity equal to the product of the length, the breadth, and the depth multiplied by six-tenths if it is evident that this formula does not give a greater capacity than that Obtained by the above method. The dimensions Shall then be measured in the following manner: Length. From the interSection of the Outside Of the planking with the stem to the corresponding point at the sternpost Or, in the case of a square-sterned boat, to the afterSide Of the transom. Breadth. From the Outside of the planking at the point where the breadth Of the boat is greatest. Depth. Amidships inside the planking from the keel to the level of the gunwale, but the depth used in calculating the cubic capacity may not in any Case exceed forty-five per centum of the breadth. In all cases the vessel owner has the right to re- quire that the cubic capacity of the boat shall be de- termined by exact measurement. Eighth. The cubic capacity of a motor boat is Ob- tained from the gross capacity by deducting a Vol- ume equal to that occupied by the motor and its a C- CeSSOries. DECK AREA OF PONTOON BOATS AND OPEN BOATS OF THE SECOND CIASS First. The area of the deck of a pontoon boat Of type 1C, 2B, or 2C shall be determined by the method indicated below or by any other method giving the same degree of accuracy. The same rule is to be ap- plied in determining the area within the fixed bul- Warks of a boat Of type 2A. Second. For example, the surface in square feet Of a boat may be deemed to be given by the following formula: Area =#(2a+1.5b.14c1.5d32e), 1 being the length in feet from the intersection of the outside of the planking with the stem to the corre- -sponding-point-at-the-sternpost; a, b, c, d, e denote the horizontal breadths in feet outside the planking at the points obtained by dividing 1 into four equal parts and subdividing the foremost and aftermost parts into two equal parts (a and e being the breadths at the extreme subdivisions, c at the middle point of the length, and b and d at the intermediate points). MARKING OF BOATS AND PONTOON RAFTS The dimensions of the boat and the number of per- sons which it is authorized to carry shall be marked on it in clear, permanent characters, according to reg- ulations by the Board of Supervising Inspectors, ap- proved by the Secretary of Commerce. These marks . shall be specifically approved by the Officers appointed to inspect the ship. Pontoon rafts shall be marked with the number of persons in the same manner. - EQUIPMENT OF BOATS AND PONTOON RAFTS First. The normal equipment of every boat shall COnsist Of- * (a) A single banked complement of Oars and two spare oars; one set and a half of thole pins Or Crutches; a boat hook. (b) Two plugs for each plug hole (plugs are not re- Quired when proper automatic valves are fitted); a bailer and a galvanized-iron bucket. (c) A tiller or yoke and yoke lines. (d) Two hatchets. (e) A lamp filled with Oil and trimmed. (f) A mast or masts with one good sail at least, and proper gear for each. (This does not apply to motor lifeboats Or lifeboats On the Great Takes or other in- land waters.) tf (g) A suitable compass. Pontoon lifeboats will have no plug hole, but shal) be provided with at least two bilge pumps. In the case of a steamer which carries passengers in the North Atlantic, all the boats need not be equip- ped with masts, sails, and compasses, if the ship is provided with a radiotelegraph installation. • Second. The normal equipment of every approved pontoon raft shall consist of L (a) Four oars. (b) Five rowlocks. (c) A self-igniting life-buoy light. Third. In addition, every boat and every pontoon raft shall be equipped with— (a) A life line becketed around the outside. (b) A sea anchor. (c) A painter. # 8258 (Tit. 52' REGULATION OF STEAM-VESSELS [Page 1300I - First. The vessel is to be upright and in smooth (d) A vessel containing one gallon of vegetable or animal oil. The vessel shall be so constructed that the Oil Can be easily distributed on the water and so arranged that it can be attached to the sea anchor. (e) A water-tight receptacle containing two pounds avoirdupois of provisions for each person, except on vessels navigating fresh water. - (f) A water-tight receptacle containing one quart for each person, except on vessels, navigating fresh water. (g) A number of self-igniting “red lights” and a Water-tight box of matches. Fourth. All loose equipment must be securely at- tached to the boat or pontoon raft to which it belongs. STOWAGE OF BOATS-NUMBER OF DAVITS The minimum number of sets of davits is fixed in relation to the length of the vessel; provided that a number of sets of davits greater than the number of boats necessary for the accommodation of all the per- Sons On board may not be required. HANDLING OF THE BOATS AND RAFTS All the boats and rafts must be Stowed in Such a way that they can be launched in the shortest pos- sible time and that, even under unfavorable condi- tions of list and trim from the point of view of the handling of the boats and rafts, it may be possible to embark in them as large a number of persons as pos- Sible. . . . The arrangements must be such that it may be pos- sible to launch on either side of the vessel as large a number of boats and rafts as possible. STRENGTH AND opFRATION OF TEIE DAVITS The davits shall be of Such strength that the boats can be lowered with their full complement of persons and equipment, the Vessel being assumed to have a list Of fifteen degrees. - The davits must be fitted with a gear of sufficient power to insure that the boat can be turned Out against the maximum list under which the lowering of the boats is possible on the vessel in question. OTHER APPLIANCES EQUIVALENT TO DAVITS Any appliance may be accepted in lieu of davits or sets of davits if the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, is satisfied after proper trials that the appliance in ques- tion is as effective as davits for placing the boats in the Water. - DAVITs Each Set Of davits shall have a boat of the first class attached to it, provided that the number of open boats Of the first class attached to davits shall not be less than the minimum number fixed by the table Which follows. If it is neither practicable nor reasonable to place On a vessel the minimum number of sets of davits required by the rules, the Board of Supervising In- spectors, with the approval of the Secretary of Com- merce, may authorize a smaller number of sets of davits to be fitted, provided always that this number shall never be less than the minimum number of open boats of the first class required by the rules. If a large proportion. Of the persons on board are accommodated in boats whose length is greater than fifty feet, a further reduction in the number of sets of davits may be allowed exceptionally, if the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, is satisfied that the arrange- ments are in all respects Satisfactory. In all cases in which a reduction in the minimum number of sets of davits or other equivalent appli- ances required by the rules is allowed, the owner of the vessel in question shall be required to prove, by a test made in the presence of an officer designated by the Supervising Inspector General, that all the boats can be efficiently launched in a minimum time. The Conditions of this test shall be as follows: Water. . Second. The time is the time required from the beginning of the removal of the boat covers, or any Other Operation necessary to prepare the boats for lowering, until the last boat or pontoon raft is afloat. Third. The number of men employed in the whole. Operation must not exceed the total number of boat hands that will be carried on the ves Service Conditions. Sel under normal Fourth. Each boat when being lowered. must have required by the rules. on board at least two men and its full equipment as The time allowed for putting all the boats into the spectors, with IOleI’Ce. - water shall be fixed by the Board of Supervising In- the approval of the Secretary of Com- MINIMUM NUMBER OF DAVITS AND or opBN BoATs of THE FIRST CLASS—MINIMUM BOAT CAPACITY The following table fixes, acco the VeSSel— rding to the length Of (A) The minimum number of sets of davits to be provided, to each of which must be attached a boat Of the first class in accordance with this section. . (B). The minimum total number of open boats of the first class, (C) The minimum boat capacity '. & accordance with this section. which must be attached to davits, in required, including the boats attached to davits and the additional boats, in a CCOrdance with this section. (A) | (B) (C) - Minimum Registered length of the Minimum number a ge ship (feet). Inumber of open Nº. . of sets of boats of “º. tº. davits. the first II6 OOa, U.S. Class. Cubic feet. 100 and less than 120. . . . . . . . 2 2 - 980 120 and less than 140. . . . . . . . 2 2 1,220 140 and less than 160. . . . . . . . 2 2 1,550 160 and less than 175. . . . . . . . 3 3 1,880 175 and less than 190. . . . . . . . 3 3 2,390 190 and less than 205. . . . . . . . 4 4 2,740 205 and less than 220. . . . . . . . 4 4 a 3,330 220 and less than 230. . . . . . . . à 4 3,900 230 and less than 245. . . . . . . . 5 4 4,560 245 and less than 255. . . . . . . . 6 . 5 5,100 255 and less than 270. . . . . . . . 6 5 5,640 270 and less than 285. . . . . . . . 7 5 6,190 285 and less than 300. . . . . . . . 7 5 6,930 300 and less than 315. . . . . . . . 8 6 7,550 315 and less than 330. . . . . . . . 8 6 8,290 330 and less than 350. . . . . . . . 9 7 9,000 350 and less than 370. . . . . . . . 9 7 9,630 370 and less than 390........ 10 7 10,650 390 and less than 410. . . . . . . . 10 7 11,700 410 and less than. 435. 12 9 13,060 435 and less than 460. . . . . . . . 12 9 14,43 460 and less than 490........ 14 10 15,920 490 and less than 520. . . . . . . . 14 10 17,310 520 and less than 550........ 16 j.2 18,720 550 and less than 580........ 16 12 20,350 580 and less than 610. . . . . . . . 18 13 21,900 610 and less than 640........ 18 13 23,700 640 and less than 670........ 20 14 25,350 670 and less than 700........ 20 14 27,050 700 and less than 730..... tº e ge 22 15 28,560 730 and less than 760. . . . . . . . 22 15 30,180 760 and less than 790........ 24 17 32,100 790 and less than 820........ 24 • 17 34,350 820 and less than 855........ 26 18 36,450 855 and less than 890........ 26 18 38,750 890 and less than 925. . . . . . * 28 19 41,000 925 and less than 960........ 28 19 43,880 960 and less than 995. . . . . . . . 30 20 46,350 995 and less than 1,030....... 30 20 48,750 When the length Of the vessel exceeds one thousand and thirty feet, the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, shall determine the minimum number Of Sets of davits and Of Open boats Of the first Class for that vessel. EME AREATION OF TEIE PASSENGERS IN AND RAFTS Suitable arrangements shall be made for TEIE LIFEBOATS embark- ing the passengers in the boats, in accord with regula- Ch. 2). # 8258 REGULATION OF STEAM-VESSELS [Page 13011 tions by the Board of Supervising Inspectors, with the approval of the Secretary Of Commerce. In Vessels which Carry rafts there shall be a number of rope or Wooden ladders always available for use in embarking the persons on to the rafts. The number and arrangement of the boats, and (where they are allowed) of the pontoon rafts, on a Vessel depends upon the total number of persons which the Vessel is intended to carry: Provided, That there Shall not be required on any voyage a total capacity in boats, and (where they are allowed).pontoon rafts, greater than that necessary to accommodate all the perSOnS On board. At no moment of its voyage shall any passenger Steam Vessel of the United States On Ocean routes more than twenty nautical miles offshore have on board a total number of persons greater than that for Who m accommodation is provided in the lifeboats and pOntOOn life rafts On board. If the lifeboats attached to davits do not provide Sufficient accommodation for all persons on board, ad- ditional lifeboats of one of the standard types shall be provided. This addition shall bring the total ca- pacity Of the boats on the vessel at least up to the greater of the two following amounts: (a) The minimum capacity required by these regu- lations; -(b) A capacity sufficient to accommodate seventy- five per Centum of the persons On board. The remainder of the accommodation required shall be provided, under regulations of the Board of Su- pervising Inspectors, approved by the Secretary of Commerce, either in boats of class one or class two, Or in pontoon rafts of an approved type. At no moment of its Voyage shall any passenger Steam vessel of the United States On Ocean routes less than twenty nautical miles Offshore have on board a total number of persons greater than that for whom accommodation is provided in the lifeboats and pon- toon rafts on board. The accommodation provided in lifeboats shall in every case be sufficient to accommo- date at least seventy-five per centum of the persons On board. The number and type of Such lifeboats and life rafts shall be determined by regulations of the Board of Supervising Inspectors, approved by the Sec- retary of Commerce : Provided, That during the in- terval from May fifteenth to September fifteenth, in- Clusive, any passenger steam vessel of the United States, On Ocean routes less than twenty nautical miles Offshore, shall be required to carry accommodation for not less than seventy per centum of the total number of persons on board in lifeboats and pontoon life rafts, Of which accommodation not less than fifty per cen- tum shall be in lifeboats and fifty per centum may be in Collapsible boats or rafts, under regulations of the Board of Supervising Inspectors, approved by the Sec- retary of Commerce. At no moment of its voyage may any ocean-cargo Steam Vessel of the United States have on board a total number of persons greater than that for whom aCCOmmodation is provided in the lifeboats On board. The number and types of such boats shall be determin- ed by regulations of the Board of Supervising Inspec- tors, approved by the Secretary of Commerce. At no moment of its voyage may any passenger Steam vessel of the United States on the Great Lakes, On routes more than three miles offshore, except over Waters whose depth is not sufficient to submerge all the decks of the vessel, have on board a total num- ber of perSons, including passengers and crew, greater than that for whom accommodation is provided in the lifeboats and pontoon life rafts on board. The accom- modation provided in lifeboats shall in every case be Sufficient to accommodate at least seventy-five per Centum of the persons on board. The number and types Of Such lifeboats and life rafts shall be determined by regulations of the Board of Supervising Inspectors approved by the Secretary of Commerce : Provided, That during the interval from May fifteenth to Sep- tember fifteenth, inclusive, any such steamer shall be required to carry accommodation for not less than fifty per centum of persons on board in lifeboats and pon- to On life rafts, of which a CCOmmodation not less than two-fifths shall be in lifeboats and three-fifths may be in Collapsible boats or rafts, under regulations Of the Board of Supervising Inspectors, approved by the Secretary of Commerce: Provided further, That all passenger Steam Vessels of the United States, the keels Of which are laid after the first of July, nineteen hun- dred and fifteen, for Service on Ocean routes, or for service from September fifteenth to May fifteenth on the Great Lakes on routes more than three miles off- Shore, shall be built to carry, and shall carry, enough lifeboats and life rafts to accommodate all persons on board, including passengers and crew : And provided further, That not more than twenty-five per centum Of Such equipment may be in pontoon life rafts or col- lapsible lifeboats. At no moment of its voyage may any cargo steam Vessel of the United States On the Great Lakes have On board a total number of persons greater than that for Whom accommodation is provided in the lifeboats On board. The number and types of such boats shall be determined by regulations of the Board of Supervising Inspectors approved by the Secretary of Commerce. The number, types, and capacity of lifeboats and life rafts, together with the proportion of such accom- Imodation to the number of persons on board which Shall be carried on steam vessels on the Great Lakes, On routes three miles or less offshore or over waters Whose depth is not sufficient to submerge all the decks Of the Vessel, and on all other lakes, and on rivers, bays, and Sounds, shall be determined by regulations of the Board of Supervising Inspectors, approved by the Secretary Of Commerce. All regulations by the Board of Supervising Inspec- tors approved by the Secretary of Commerce, authoriz- ed by this Act, shall be transmitted to Congress as SOOn as practicable after they are made. The Secretary of Commerce is authorized in specif- iC cases to exempt existing vessels from the require- ments of this section that the davits shall be of such Strength and shall be fitted with a gear of sufficient power to insure that the boats can be lowered with their full complement of persons and equipment, the vessel being assumed to have a list of fifteen degrees, Where their strict application would not be practica- ble Or reasonable. , CERTIFICATED LIFEB OAT MEN-MANNING OF THE BOATS There shall be for each boat or raft a number of lifeboat men at least equal to that specified as fol- lows: If the boat or raft carries twenty-five persons Or less, the minimum number of certificated lifeboat men shall be One: if the boat or raft carries twenty-six perSOnS and less than forty-one persons the minimum number of certificated lifeboat men shall be two ; if the boat Or raft carries forty-one persons and less than. sixty-One persons the minimum number of certificated lifeboat men shall be three; if the boat Or raft carries from Sixty-One to eighty-five persons, the minimum number of certificated lifeboat men shall be four; if the boat or raft carries from eighty-six to one hundred and ten persons, the minimum number of certificated lifeboat men shall be five ; if the boat or raft carries from one hundred and eleven to One hundred and six- ty persons, the minimum number of certificated life- boat men shall be six; if the boat or raft carries from One hundred and sixty-One to two hundred and ten persons, the minimum number of certificated lifeboat men shall be seven ; and, thereafter, one additional cer- tificated lifeboat man for each additional fifty per- sons: Provided, That if the raft carries fifteen persons or less a licensed Officer or able seaman need not be placed in charge of such raft: Provided further, That One-half the number of rafts carried shall have a ca- pacity of exceeding fifteen persons. The allocation of the certificated lifeboat men to 3 8258 (Tit. 52 REGULATION OF STEAM—VESSELS [Page 1302I each boat and raft remains within the discretion of the master, according to the circumstances. By “certificated lifeboat man” is meant any member of the crew who holds a certificate of efficiency issued under the authority of the Secretary of Commerce, who is hereby directed to provide for the issue of such Certificates. - - In order to obtain the Special lifeboat man’s certif- icate the applicant must prove to the satisfaction of an Officer designated by the Secretary Of Commerce that he has been trained in all the operations connect- ed with launching lifeboats and the use of oars; that he is acquainted with the practical handling of the boats themselves; and, further, that he is capable of understanding and answering the Orders relative to lifeboat Service. - - Section forty-four hundred and sixty-three of the Revised Statutes as amended is hereby amended by adding the words “including certificated lifeboat men, separately stated,” to the word “crew” wherever it OCCULI'S. - . MANNING OF BOATS A licensed officer or able seaman shall be placed in charge of each boat Or pontoon raft ; he shall have a list of its lifeboat men, and other members of its crew which shall be sufficient for her safe management, and shall see that the men placed under his Orders are acquainted With their several duties and stations. A man capable of working the motor shall be assign- ed to each motor boat. - - The duty of seeing that the boats, pontoon rafts, and other lifesaving appliances are at all times ready for use shall be assigned to one or more officers. MUSTER, ROLL AND DRILLS Special duties for the event of an emergency shall be allotted to each member of the crew. The muster list shows all these special duties, and indicates, in particular, the station to which each man must go, and the duties that he has to perform. Before the vessel sails the muster list shall be drawn up and exhibited, and the proper authority, to be designated by the Secretary of Commerce, shall be Satisfied that the muster list has been prepared for the vessel. It shall be posted in several parts of the Vessel, and in particular in the Crew’s quarters. MUSTER LIST The muster list shall assign duties to the different members Of the Crew in Connection with— (a) The closing of the water-tight doors, valves, and . SO forth. - (b) The equipment of the boats and rafts generally. (c) The launching of the boats attached to davits. (d) The general preparation of the other boats and the pontoon rafts. - (e) The muster of the passengers. (f) The extinction of fire. - The muster list shall assign to the members of the Stewards' department their several duties in relation to the passengers at a time of emergency. These duties shall include— (a) Warning the passengers. (b) Seeing that they are dressed and have put on their life jackets in a proper manner. (c) Assembling the passengers. - (d) Keeping Order in the passages and on the stair- Ways, and, generally, controlling the movements of the passengers. The muster list shall specify definite alarm signals for calling all the Crew to the boat and fire stations, and shall give full particulars of these signals. MUSTERS AND DIRILLS Musters of the crews at their boat and fire stations, followed by boat and fire drills, respectively, shall be held at least once a week, either in port or at sea. An entry shall be made in the official log book of these drills, or of the reason why they could not be held. Different groups of boats shall be used in turn at successive boat drills. The drills and inspections shall be so arranged that the crew thoroughly understand and are practiced in the duties they have to perforin, and that all the boats and pontoon rafts on the ship With the gear appertaining to them are always ready for immediate use. - . IIITſ. JACKETS AND LIFE BUOYS A life jacket of an approved type, or other appliance Of equal buoyancy and capable of being fitted on the body, shall be carried for every person on board, and, in addition, a sufficient number of life jackets, or other equivalent appliances, suitable for children. First. A life jacket shall satisfy the following con- ditions: - (a) It shall be of approved material and construc- tion. . (b) It shall be capable of Supporting in fresh water for twenty-four hours fifteen pounds avoirdupois of iron. . . . Life jackets the buoyancy of which depends on air compartments are prohibited. Second: A life buoy shall satisfy the following con- ditions: . (a) It shall be of solid Cork or any other equivalent material. (b) It shall be capable of supporting in fresh water for twenty-four hours at least thirty-one pounds avoir- dupois of iron. Life buoys filled with rushes, cork shavings, or granulated Cork, Or any other loose granulated ma- terial, or Whose buoyancy depends upon air compart- ments which require to be inflated, are prohibited. Third. The minimum number of life buoys with Which vessels are to be provided is fixed as follows: Vessels under one hundred feet in length, minimum number of buoys, two ; vessels One hundred feet and less than two hundred feet in length, minimum num- ber of buoys, four, of which two shall be luminous; VeSSels two hundred feet and less than three hundred feet in length, minimum number of buoys, six, of Which two shall be luminous; vessels three hundred feet and less than four hundred feet in length, mini- mum number of buoys, twelve, of which four shall be luminous; Vessels four hundred feet and less than six hundred feet in length, minimum number of buoys, eighteen, of which nine shall be luminous; vessels six hundred feet and less than eight hundred feet in length, minimum number of buoys, twenty-four, of which twelve shall be luminous; vessels eight hun- dred feet and over in length, minimum number of buoys, thirty, of which fifteen shall be luminous. Fourth. All the buoys shall be fitted with beckets. Securely seized. Where two buoys only are carried, One shall be fitted with a life line at least fifteen fathoms in length, and where more than two buoys are Carried, at least one buoy On each side shall be fitted with a life line of at least fifteen fathoms in length. The lights shall be efficient self-igniting lights which can not be extinguished in water and they shall be kept near the buoys to which they belong, with the necessary means Of attachment. Fifth. All the life buoys and life jackets shall be So placed as to be readily accessible to the persons on board ; their position shall be plainly indicated so as to be known to the persons Concerned. The life buoys shall always be eapable of being Tapidly Cast loose, and shall not be permanently Se- cured in any way. The owner of any vessel who neg- lects or refuses to provide and equip his vessel with such lifeboats, floats, rafts, life preservers, line-carry- ing projectiles, and the means of propelling them, drags, pumps, or other appliances, as are required un- der the provisions of this section, or under the regul- lations of the Board of Supervising Inspectors, ap- proved by the Secretary of Commerce, authorized by and made pursuant hereto, shall be fined not less than $500, nor more than $5,000, and every master of a Ch. 2) 3 8268 REGULATION OF STEAM—VI)SSELS IPage 1303] vessel who shall fail to comply with the requirements of this section, and the regulations of the Board of Supervising Inspectors, approved by the Secretary of Commerce, authorized by and made pursuant hereto, shall upon Conviction be fined not less than $50, nor more than $500. Section forty-four hundred and eighty-nine of the Revised Statutes is hereby repeal- ed. (R. S. § 4488, amended, March 2, 1889, c. 418, § 1, 25 Stat. 1012, March 3, 1905, c. 1454, § 3, 33 Stat. 1024, March 4, 1915, c. 153, § 4, 38 Stat. 1170, June 12, 1916, c. 141, 39 Stat. 224.) See §§ 8152, 8179. § 8259. [R. S. § 4489. Repealed.] This section, which was R. S. § 4489, was amended by Act March 2, 1889, c. 418, § 1, 25 Stat. 1012, to read as, follows : “The owner of any such steamer who neglects Or re- fuses to provide such life-boats, floats, rafts, life-preservº ers, line-carrying projectiles, and the means of propelling them, drags, pumps, or appliances, as are, under the pro- visions of the preceding section, required by the board of supervising inspectors, and approved by the Secretary of the Treasury, shall be fined one thousand dollars.” As so amended it was repealed by Act March 4, 1915, c. 153, § 14, ante, § 8258. § 8260. Water-tight bulk-heads in lake- steamers carrying passengers—Every sea-going steamer, and every steamer navigating the great northern or northwestern lakes, Carrying passengers, the building of which shall be completed after the twenty-eighth-day of August, eighteen hundred and || Seventy-one, shall have not less than three Water- tight cross-bulk-heads, such bulk-heads to reach to the main-deck in single-decked vessels, otherWise to the deck next below the main-deck; to be made of iron plates, sustained upon suitable framework; and to be properly secured to the hull of the vessel. The position of such bulk-heads and the strength of ma- terial of which the same shall be constructed shall be determined by the general rules of the board of supervising inspectors. (R. S. § 4490, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) § 8261. Same; not required on certain steam- ers–Steam-vessels of one hundred tons burden Or under, engaged in the coastwise bays and harbors Of the United States, may be licensed by the United States local inspectors of steam-vessels to carry paş- sengers or excursions on the ocean or upon the Great Lakes of the North or Northwest, not exceeding fif- teen miles from the mouth of such bays Or harbors, without being required to have the three water- tight cross-bulkheads provided by section forty-four hundred and ninety of the Revised Statutes for oth- er passenger steamers: Provided, That in the judg- Iment of the local inspector such steamers shall be safe and suitable for such navigation without danger to human life, and that they shall have one water- tight collision bulk-head not less than five feet abaft the stem of said steamer. (July 9, 1886, c. 755, § 3, 24 Stat. 129.) See §§ 8235, 8236. $ 8262. Radio-communication apparatus on ocean-going steamers carrying passengers-From and after October first, nineteen hundred and twelve, it shall be unlawful for any steamer of the United States or of any foreign country navigating the ocean Or the Great Lakes and licensed to Carry, or carry- ing, fifty Or more persons, including passengers or Crew or both, to leave or attempt to leave any port Of the United States unless such steamer shall be equipped with an efficient apparatus for radio Com- munication, in good working order, capable of trans- mitting and receiving messages Over a distance of at least One hundred miles, day Or night. An auxiliary power Supply, independent of the vessel’s main elec- tric power plant, must be provided which will enable the sending Set for at least four hours to send mes- Sages OVer a distance of at least One hundred miles, day or night, and efficient communication between the Operator in the radio room and the bridge shall be maintained at all times. The radio equipment must be in charge of two or more perSons skilled in the use of such apparatus, One or the Other of whom shall be On duty at all times while the vessel is being navigated. Such equipment, Operators, the regulation of their watches, and the transmission and receipt of messages, except as may be regulated by law or international agreement, shall be under the COntrol of the master, in the Case of a vessel of the United States; and every willful failure on the part of the master to enforce at sea the provi- SiOns of this paragraph as to equipment, Operators, and Watches shall subject him to a penalty of One hundred dollars. That the provisions of this section shall not apply to steamers plying between ports, or places, less than two hundred miles apart. (June 24, 1910, c. 379, § 1, 36 Stat. 629, amended, July 23, 1912, c. 250, § 1, 37 Stat. 199.) * § 8263. Same; apparatus to be effieient for exchange of messages with stations using other systems—For the purpose of this Act apparatus for radio-communication shall not be deemed to be effi- cient unless the company installing it shall contract in Writing to exchange, and shall, in fact, exchange, as far as may be physically practicable, to be deter- mined by the master of the vessel, messages with shore Or ship stations using other systems of radio- Communication. (June 24, 1910, c. 379, § 2, 36 Stat. 630.)- $ 8264. Same; penalty for violation of act; lien on vessel; separate offenses--The master Or Other person being in charge of any such vessel which leaves Or attempts to leave any port Of the United States in Violation of any of the provisions of this Act shall, upon Conviction, be fined in a sum not more than five thousand dollars, and any such fine shall be a lien upon such vessel, and such vessel may be libeled therefor in any district Court of the United States within the jurisdiction of which such vessel shall ar- rive or depart, and the leaving Or attempting to leave each and every port of the United States shall consti- tute a separate offense. (June 24, 1910, c. 379, § 3, 36 Stat. 630.) - $ 8265. Same; regulations—The Secretary of Commerce [and Labor] shall make such regulations as may be necessary to secure the proper execution of this Act by Collectors of Customs and Other Officers of the Government. (June 24, 1910, c. 379, § 4, 36 Stat. 630.) Words in brackets superseded by § 932. $ 8266. Same; time of taking effect of amen- datory act; substitute for second operator on cargo steamers—This Act, so far as it relates to the Great Lakes, shall take effect on and after April first, nineteen hundred and thirteen, and So far as it relates to Ocean Cargo Stealmers shall take effect On and after July first, nineteen hundred and thirteen: Provided, That On Cargo steamers, in lieu of the second Opera- tor provided for in this Act, there may be substituted a member of the Crew Or other person who shall be duly Certified and entered in the ship’s log as compe- tent to receive and understand distress calls or other usual calls indicating danger, and to aid in maintain- ing a constant wireless watch so far as required for the safety of life. (July 23, 1912, c. 250, § 2, 37 Stat. 200.) $ 8267. Use of instruments for security of life—No kind of instrument, machine, or equipment, for the better security of life, provided for by this Title shall be used On any Steam-vessel which shall not first be approved by the board of supervising in- spectors, and also by the Secretary of the Treasury. (R. S. § 4491.) See 8159. $ 8268. Barges carrying passengers—Every barge carrying passengers, while in tow of any steam- er, shall be subject to the provisions of this Title relating to fire-buckets, axes, life preservers, and yawls, to Such extent as shall be prescribed by the board Of Supervising inspectors; and for any viola- § 8268 (Tit. 52 REGULATION OF STEAM—VESSELS IPage 1304] tion of this section the penalty shall be two hundred dollars, recoverable One-half for the use Of the in- former. (R. S. § 4492.) - . . . See § 8179. “ - . $ 8269. Liability of master and owners for damage to passengers—Whenever damage is sus- tained by any passenger or his baggage, from explo- sion, fire, Collision, or other Cause, the master and the Owner of such vessel, or either of them, and the ves- sel shall be liable to each and every person so injur- ed, to the full amount of damage if it happens through any neglect or failure to Comply with the provisions of this Title, or through known defects or imperfec- tions of the steaming-apparatus or of the hull; and any person sustaining loss or injury through the care- lessness, negligence, or willful misconduct of any master, mate, engineer, or pilot, Or his neglect Or re- fusal to obey the laws governing the navigation of Such steamers, may sue such master, mate, engineer, or pilot, and recover damages for any such injury caused by any Such master, mate, engineer, Or pilot. (R. S. § 4493.) - - § 8270. Copies of Title to be kept on passen- ger-steamers—Every master Or Commander Of any Steam-Vessel Carrying passengers shall keep On board of such vessel at least two copies of the provisions of this Title, to be furnished to him by the Secretary of the Treasury; and if the master Or Commander neg- lects or refuses to do so, or shall unreasonably refuse to exhibit a copy of the same to any passenger who asks for it, he shall be liable to a penalty of twenty dollars. (R. S. § 4494.) - $ 82.71. Name of steamer exhibited—Every Steam-vessel Of the United States, in addition to hav- ing her name painted on her stern, shall have the same conspicuously placed in distinct, plain letters, Of not less than six inches in length, On each Outer side of the pilot-house, if it has such, and in case the vessel has side-wheels, also on the outer side of each wheel-house; and if any such steamboat be found without having her name placed as required, she shall be subject to the same penalty and forfeiture as provided by law in the case of a vessel of the United States found without having her name, and the name of the port to which she belongs, painted on her stern. (R. S. § 4495.) See § 7758. § 8272. Duties of customs officers—All collec- tors, or other chief Officers of the customs, and all inspectors within the several districts, shall enforce for the use Of the informer. the provisions of this Title against all steamers ar- riving and departing. (R. S. § 4496.) See § 8152. - $ 8273. Same; penalty for omission—Every Collector, or other chief officer of the customs, or in- Spector, who negligently or intentionally omits any duty under the preceding section, shall be liable to removal from office, and to a penalty of one hundred dollars for each offense, to be sued for in an action of debt. (R. S. § 4497.) See § 8152. - - § 8274. Registry or enrollment denied to vessels not complying with law—A register, enroll- ment, or license shall not be granted, or other papers be issued by any Collector Or other chief. Officer of cus- toms to any vessel Subject by law to inspection under this title until all the provisions of this title ap- plicable to such vessel have been fully complied with and until the Copy of the certificate of inspection re- quired by this title for such vessel has been filed with Said Collector or Other chief Officer of customs. (R. S. § 4498, amended, March 3, 1905, c. 1457, § 9, 33 Stat. 1032, and March 4, 1915, c. 184, § 5, 38 Stat. 1218.) $ 8275. Penalty; for failure to comply—If any Vessel propelled in whole or in part by steam be navi- gated without complying with the terms of this title, the owner shall be liable to the United States in a penalty of five hundred dollars for each offense, one- half for the use of the informer, for which sum the Vessel SO navigated shall be liable, and may be seized and proceeded against by way of libel in any dis- trict court of the United States having jurisdiction of the offense. Persons or corporations chartering or engaging Or Contracting for the use of vessels sub- ject to this title, under such terms and conditions that they have full and exclusive control of the man- agement and Operation of such vessels, shall be sub- ject to the same penalties for violations of the pro- Visions Of this title as are now imposed upon own- ers of vessels thereunder, and in such cases the own- ers shall not be liable to such penalties for such viola- tions by such charterers or contractors. (R. S. § 4499, amended, March 3, 1905, c. 1454, § 4, 33 Stat. 1025.) - See § 8152. $ 8276. Same; in cases not provided for—The penalty for the violation of any provision of this Title, not otherwise especially provided for, shall be a fine of five hundred dollars, recoverable one-half (R. S. § 4500.) See § 8152. TITLE LII A–REGULATION OF MOTOR BOATS Sec. 8277. “Motor boats” defined; inspection. 8278. Classes of boats. 82.79. LightS. 8280. Sound signals. 8281. Life preservers; licenses. 8282. Regulations as to certain vessels propelled by gas, fluid, naphtha, Or electric motors. 8283. Means of extinguishing burning gasoline. 8284. Penalty for violation of act; liability therefor of boat. 8285. Regulations for execution of act; remission of fine or * - penalty. - 8286. Repeal; international rules for preventing collisions at Sea not affected. $ 8277. “Motor boats” defined; inspection— The words “motor boat” where used in this Act shall include every vessel propelled by machinery and not Imore than sixty-five feet in length except tug boats and tow boats propelled by steam. The length shall be measured from end to end OVer the deck, exclud- ing sheer: Provided, That the engine, boiler, or other Operating machinery shall be subject to inspection by the local inspectors of steam vessels, and to their approval of the design thereof, On all said motor boats, which are more than forty feet in length, and which are propelled by machinery driven by steam. (June 9, 1910, c. 268, § 1, 36 Stat. 462.) $ 8278. Classes of boats—Motor boats Subject to the provisions of this Act shall-be-divided—into-classes- as follows: Class One. Less than twenty-six feet in length. Class two. Twenty-six feet or Over and less than forty feet in length. Class three. Forty feet or over and not more than sixty-five feet in length. (June 9, 1910, c. 268, § 2, 36 Stat. 462.) $ 8279. Lights—Every motor boat in all weathers from Sunset to sunrise shall carry the following lights, and during such time no other lights which may be mistaken for those prescribed shall be exhibited. (a) Every motor boat of class one shall carry the following lights: - First. A white light aft to show all around the horizon. - Second. A combined lantern in the fore part of the vessel and lower than the White light aft showing green to starboard and red to port, SO fixed as to throw the light from right ahead to two points abaft the beam on their respective sides. (b) Every motor boat of classes two and three shall carry the following lights: First. A bright white light in the fore part of the vessel as near the stem as practicăble, SO constructed as to show an unbroken light over an arc of the hori- zon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. The glass or lens shall be of not leSS than the following dimensions: Class two. Nineteen Square inches. Class three. Thirty-One Square inches. Second. A white light aft to show all around the horizon. - Third. On the starboard side a green light SO Con- Structed as to show an unbroken light over an arc of the horizon of ten points Of the Compass, SO fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side a red light SO Constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The glasses or lenses in the said side lights shall be Of not less than the following dimensions on motor boats Of- Class two. Sixteen Square inches. Class three. Twenty-five Square inches. On and after July first, nineteen hundred and eleven, all glasses Or lenses prescribed by paragraph (b) of Section three shall be fresnel or fluted. The said lights Shall be fitted with inboard Screens Of Sufficient height and so set as to prevent these lights from be- ing Seen a CrOSS the bow and shall be of not less than the following dimensions on motor boats Of- Class tWO. Eighteen inches long. Class three. Twenty-four inches long: Provided, That motor boats as defined in this Act, when pro- pelled by Sail and machinery Or under sail alone, Shall Carry the Colored lights suitably SCreened but not the White lights prescribed by this section. (June 9, 1910, c. 268, § 3, 36 Stat. 462.) $ 8280. Sound signals—(a) Every motor boat under the provisions Of this Act shall be provided with a whistle or other sound-producing mechanical appliance Capable of producing a blast of two seconds Or more in duration, and in the case of such boats SO provided a blast Of at least two seconds shall be deem- ed a prolonged blast within the meaning Of the law. (b) Every motor boat of class two or three shall Carry an efficient fog horn. (c) Every motor boat of class two or three shall be provided with an efficient bell, which shall be not less than eight inches across the mouth on board of ves- jº of class three. (June 9, 1910, c. 268, § 4, 36 Stat. 463.) § 8281. Life preservers; licenses—Every motor boat subject to any of the provisions of this Act, and also all vessels propelled by machinery other than by Steam more than sixty-five feet in length, Shall Carry" either life-preservers Or life belts, or buoyant Cushions, or ring buoys or Other device, to be prescrib- ed by the Secretary of Commerce and Labor, sufficient to sustain afloat every person. On board and SO placed as to be readily accessible. All motor boats Carrying passengers for hire shall carry One life-preserver of the sort prescribed by the regulations of the board of supervising inspectors for every passenger carried, and no such boat While SO Carrying passengers for hire shall be Operated or navigated except in charge of a person duly licensed for such service by the local board of inspectors. No examination shall be requir- ed as the condition of obtaining such a license, and any such license shall be revoked or suspended by the local board Of inspectors for misCOnduct, grOSS neg- ligence, recklessness in navigation, intemperance, or violation Of law. On the part Of the holder, and if re- voked the person holding such license shall be in- capable of obtaining another such license for one year from the date of revocation: Provided, That motor boats shall not be required to Carry licensed officers, except as required in this Act. (June 9, 1910, c. 268, § 5, 36 Stat. 463.) See § 8187. $ 8282. Regulations as to certain vessels pro- pelled by gas, fluid, naphtha, or electric motors— All vessels Of above fiftéen tons burden, Carrying freight or passengers for hire, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby, Imade subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States, relating to the inspection of hulls and boilers and requiring engineers and pilots; and all vessels SO propelled, Without regard to tonnage or use, shall be subject to the provisions of section forty-four hundred and twelve of the Revised Stat- utes of the United States, relating to the regulation O2, steam vessels in passing each other ; and to So much of Sections forty-two hundred and thirty-three and forty-two hundred and thirty-four of the Revised Statutes, relating to lights, fog signals, Steering, and sailing rules, as the Board of Supervising Inspectors shall, by their regulations, deem applicable and prac- [Page 1305] 3 8282 (Tit. 52A REGULATION OF MOTOR BOATS [Page 13061 ticable for their safe navigation. 61, 29 Stat. 489.) - R. S. §§ 4233, 4412, 4426, are $$ 7942–7974, 8166, 8187. R. S. § 4234, was repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691. $ 8283. Means of extinguishing burning gaso- line—Every motor boat and also every vessel propell- ed by machinery other than by steam, more than sixty- five feet in length, shall carry ready for immediate use the means of promptly and effectually extinguish- ing burning gasoline. (June 9, 1910, c. 268, § 6, 36 Stat. 463.) $ 8284. Penalty for violation of act; liability therefor of boat—A fine not exceeding One hundred dollars may be imposed for any violation. Of this Act. The motor boat shall be liable for the said penalty and may be seized and proceeded against, by way of libel, in the district Court Of the United States for any district within which such vessel may be found. (June 9, 1910, c. 268, § 7, 36 Stat. 463.) (Jan. 18, 1897, C. $ 8285. Regulations for execution of act; re- mission of fine or penalty—The Secretary of Com- Imerce and Labor shall make such regulations as may be necessary to secure the proper execution of this Act by collectors of customs and other officers of the Government. And the Secretary of the Department of Commerce and Labor may, upon application there- for, remit or mitigate any fine, penalty, or forfeiture relating to motor boats except for failure to observe the provisions Of Section six of this Act. (June 9, . 1910, c. 268, § 8, 36 Stat. 463.) $ 8286. Repeal; international rules for pre- venting collisions at sea, not affected—All laws and parts Of laws Only in So far as they are in COn- flict here with are hereby repealed: Provided, That nothing in this Act shall be deemed to alter or amend Acts of Congress embodying or revising international rules for preventing collisions at sea. (June 9, 1910, c. 268, § 9, 36 Stat. 463.) - See §§ 7834–7871. TITLE LIII—MERCHANT SEAMEN Chap. Sec. 1. Shipping-commissioners . . . . . . . . . . . . . . . . . . . . . . . . 8287 2. Shipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.298 3. VV ages and effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8315 4. Pischarge . . . . . . . . . . . . . © e º e º e s p & © e e s e is e e º e º is e º º is a 83.38 Chap. Sec. 5. Protection and relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3343 6. Fees of shipping-connnnissioners. . . . . . . . . . . . . . . . 8377 7. Offenses and punishments. . . . . . . . . . . . . . . . . . . . . . . 8380 Chapter One—Shipping-Commis- a sioners w expenditures; compensation; Sec. 8287. Appointment; clerks; fees. 8288. Bond and Oath. 8289. When officers of the customs shall act as. 8290. Penalty for unlawfully acting as. 8291. Vessels in coastwise trade; provisions not to apply. 8292. Same; shipment and discharge; fees. 8293. Same; shipment by commissioners of crews; accounts; shipping agreements; discharge; provisions applicable. 8294. Clerks. 8295. Seal. 8296. Office. 8297. Duties. § 8287. Appointment; accounts; expenditures; compensation; clerks; fees—The [Secretary of the Treasury] shall appoint a commissioner for each port of entry, which is also a port of ocean navigation, and which, in his judgment, may require the same; Such commissioner to be termed a shipping COmmissioner, and may, from time to time, remove from Office any such commissioner winom he may have reason to be- lieve does not properly perform his duty, and shall then provide for the proper performance of his duties until another person is duly appointed in his place : Provided, That Shipping Commissioners now in Office shall continue to perform the duties thereof until Oth- ers shall be appointed in their places. Shipping Com- missioners shall monthly render a full, exact, and itemized account of their receipts and expenditures to the [Secretary of the Treasury], who shall determine their compensation, and shall from time to time de- termine the number and compensation of the 'Clerks ap- pointed by such commissioner, with the approval Of the [Secretary of the Treasury], subject to the limita- tions now fixed by law. The [Secretary of the Treas- ury] shall regulate the mode of conducting business in the shipping offices to be established by the shipping Commissioners as hereinafter provided, and shall have full and complete control over the same, subject to the provisions herein contained; and all expenditures by shipping commissioners shall be audited and adjusted in the Treasury Department in the mode and manner provided for expenditures in the collection of customs. All fees of Shipping Commissioners shall be paid into the Treasury Of the United States and shall constitute a fund which shall be used under the direction of the [Secretary of the Treasury] to pay the compensation of said Commissioners and their clerks and Such oth- er expenses as he may find necessary to ensure the proper administration of their duties. (R. S. $ 4501, amended, June 26, 1884, c. 121, § 27, 23 Stat. 59.) Words in brackets superseded by §§ 857, 859. See §§ 3905, 8138, 8.141. $ 8288. Bond and oath—Every shipping Commis- Sioner so appointed shall give bond to the United States, conditioned for the faithful performance of the duties of his office, for a sum, in the discretion of the Secre- tary of Commerce [and Labor] of not less than five thousand dollars, in such form and with such security as the Secretary of Commerce [and Labor] shall di- rect and approve; and shall take and subscribe the oath prescribed by section seventeen hundred and fifty-seven of the Revised Statutes before entering upon the duties of his office: Provided, That nothing in this Section shall be construed to affect in any re- Spect the liability of principal or Sureties On any bond heretofore given by any shipping Commissioner. (R. S. § 4502, amended, April 26, 1906, c. 1875, 34 Stat. 137. 'wº in brackets superseded by § 932. - $ 8289. When officers of the customs shall act as—In any port in which no shipping-commissioner shall have been appointed, the whole or any part of the business of a shipping-Commissioner shall be COn- ducted by the collector or deputy collector of CuS- toms of such port; and in respect Of Such business Such custom-house shall be deemed a shipping-Office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a shipping-commissioner within the meaning of this Title. (R. S. § 4503.) $ 8290. Peraalty for unlawfully acting as–Any person other than a Commissioner under this Title, who shall perform or attempt to perform, either di- rectly of indirectly, the duties which are by this Title set forth as pertaining to a shipping-Commissioner, shall be liable to a penalty of not more than five hun- dred dollars. Nothing in this Title, however, shall prevent the Owner, or consignee, or master of any ves- sel except vessels bound from a port in the United States to any foreign port, other than vessels engaged in trade between the United States and the Pritish North American possessions, or the West India IS- lands, or the republic of Mexico, and vessels of the Ch. 2) & 8297 MERCHANT SEAMEN [Page 1307I * burden of seventy-five tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, from performing, himself, so far as his vessel is concerned, the duties of shipping-Commissioner un- der this Title. Whenever the master of any vessel shall engage his crew, or any part of the same, in any collection-district where no shipping-commissioner shall have been appointed, he may perform for him- Self the duties of such commissioner. (R. S. $ 4504.) $ 8291. Vessels in coastwise trade; provisions not to apply—None of the provisions of an act en- titled “An act to authorize the appointment of ship- ping Commissioners by the several circuit courts of the United States to superintend the shipping and dis- Charge Of Seamen engaged in merchant ships belonging to the United States, and for the further protection of Seamen” shall apply to sail or steam vessels engaged in the Coastwise trade, except the Coastwise trade between the Atlantic and Pacific coasts, or in the lake- going trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the Seamen are by custom or agreement entitled to partici- pate in the profits or result of a cruise, or voyage. (June 9, 1874, c. 260, 18 Stat. 64.) Incorporated in R. S. §§ 2174, 4290-4292, 4501-4520, 4523- 4529, 4531-4536, 4538-4545, 4549-4555, 4565-4572, 4592-4597, 4599, 4600, 4602–4607, 4609, 4610. 4612, are the provisions of the Shipping Commissioners’ Act of June 7, 1872, c. 322, men- tioned. $ 8292. Same; shipment and discharge of crews; fees—Shipping commissioners may ship and discharge Crews for any vessel engaged in the coast- Wise trade, Or the trade between the United States and the Dominion of Canada, or Newfoundland, Or the West Indies, or the Republic of Mexico, at the re- Quest Of the master or Owner of such vessel, the ship- ping and discharging fees in Such cases to be one- half that prescribed by Section forty-Six hundred and twelve of the Revised Statutes, for the purpose of determining the compensation of shipping Commis- sioners. (Juine 19, 1886, c. 421, § 2, 24 Stat. 80.) See § 8138. $ 8293. Same; shipment by commissioners of crews; shipping agreements; discharge; provi- sions applicable—When a crew is shipped by a ship- ping commissioner for any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or New Found- land, or the West Indies, or Mexico, as authorized by section two of an Act approved June nineteenth, eight- een hundred and eighty-six, entitled “An Act to abol- ish certain fees for Official Services to American VeS- sels, and to amend the laws relating to shipping Com- missioners, seamen, and owners of vessels, and for Other purposes,” an agreement shall be made with each Seaman engaged as One Of Such Crew in the same manner as is provided by Sections four thousand five hundred and eleven and four thousand five hundred and twelve of the Revised Statutes, not however including the sixth, and eighth items of Section four thousand five hundred and eleven; and such agreement shall be posted as provided in Section four thousand five hundred and nineteen, and such seamen shall be dis- charged and receive their Wages as provided by the first Clause Of Section four thousand five hundred and twen- ty-nine and also by Sections four thousand five hun- dred and twenty-six, four thousand five hundred and twenty-seven, four thousand five hundred and twenty-eight, four thousand five hundred and thirty, four thousand five hundred and thirty-five, four thou- Sand five hundred and thirty-six, four thousand five hundred and forty-two, four thousand five hundred and forty-three, four thousand five hundred and forty- four, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hun- dred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fifty-one, four thousand five hundred and fifty-two, four thousand five hundred and fifty-three and four thousand five hundred and fifty-four and four thousand six hundred and two of the Revised Statutes; but in all other re- Spects Such shipment of seamen and such shipping agreement shall be regarded as if both shipment and agreement had been entered into between the master Of a Vessel and a seaman without going before a ship- ping Commissioner: Provided, That the clothing of any Seaman shall be exempt from attachment, and that any person who shall detain such clothing when demanded by the owner shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than Six months or fined not more than five hundred dol- lars, or both. (Aug. 19, 1890, c. 801, 26 Stat. 320, amended, Feb. 18, 1895, c. 97, 28 Stat. 667, March 3, 1897, c. 389, § 8, 29 Stat. 689, and April 11, 1904, c. 1140, 33 Stat. 168.) Act June 19, 1886, c. 421, § 2, is $ 8292. § 8294. Clerks—Any shipping-commissioner may engage Clerks to assist him in the transaction of the business of the shipping-office, at his own proper cost, and may, in Case of necessity, depute such clerks to act for him in his official capacity; but the shipping- Commissioner shall be held responsible for the acts Of every Such clerk or deputy, and will be personally liable for any penalties such clerk or deputy may incur by the violation of any of the provisions of this Title;—and-all-acts done-by-a clerk, as-such-deputy, Shall be as valid and binding as if done by the ship- ping-commissioner. (R. S. § 4505.) $ 8295. Seal—Each shipping-commissioner shall provide a Seal with which he shall authenticate all his Official acts, on which seal shall be engraved the arms of the United States, and the name of the port or district for which he is commissioned. Any in- Strument either printed or written, purporting to be the Official act of a shipping-commissioner, and pur- porting to be under the seal and signature of such Shipping-Commissioner, shall be received as presump- tive evidence of the official character of such instru- ment, and Of the truth of the facts therein Set forth. (R. S. § 4506.) $ 8296. Office—The [Secretary of the Treasury] shall assign in public buildings or otherwise procure Suitable Offices and rooms for the shipment and dis- Charge Of Seamen, to be known as shipping commis- Sioners’ offices, and shall procure furniture, station- ery, printing, and other requisites for the transaction Of the business of such offices. (R. S. § 4507, amended, March 3, 1897, c. 389, § 1, 29 Stat. 687.) Text in brackets superseded by §§ 857, 859. $ 8297. Duties—The general duties of a shipping- COmmissioner Shall be: First. To afford facilities for engaging seamen by keeping a register of their names and characters. Second. TO Superintend their engagement and dis- charge, in manner prescribed by law. Third. To provide means for securing the presence OI! ºrd at the proper times of men who are so en- gaged. Fourth. To facilitate the making of apprentice- Ships to the sea service. Fifth. To perform such other duties relating to merchant Seamen or merchant ships as are now or may hereafter be required by law. (R. S. § 4508.) Chapter Two—Shipment Sec. 8298. Apprentices. - 8299. Same; indenture to be produced to commissioner. 8300. Shipping-articles. 8301. Time for which seamen may ship. 302. Shipping-articles; rules for. 8303, Same; exception as to. 8304. Penalty; shipping without agreement. 8305. Same; knowingly shipping seamen without articles. 8306. Lost seamen may be replaced. 8307. Seamen in foreign ports. 8308. Same; penalty for violating statute, 8309. Same; reshipment. 8310. Posting copy of agreement. 8311. Shipping-articles for vessels in coasting-trade. 8312. Penalty; shipping without articles. 3 8298 (Tit. 53 MERCHANT SEAMEN IPage 1308] Sec. 8313. Same; omitting to begin voyage. 8314. Unlawful shipments Void. $ 8298. Apprentices—Every shipping-COmmis- Sioner appointed under this Title shall, if applied to for the purpose of apprenticing boys to the sea-service, by any master or Owner of a vessel, or by any perSOn legally qualified, give such assistance as is in his power for facilitating the making Of Such apprentice- ships; but the shipping-COImmissioner shall ascertain that the boy has voluntarily consented to be bound, and that the parents or guardian Of Such boy have Consented to Such apprenticeship, and that he has attained the age of twelve years, and is of Sufficient health and strength, and that the master to Whom such boy is to be bound is a proper person for the pur- pose. Such apprenticeship shall terminate when the apprentice becomes eighteen years of age. The Ship- ping-commissioner shall keep a register Of all inden- tures of apprenticeship made before him. (R. S. § 4509.) See § 8287. § 3299. Saxme; indenture to be produced to commissioner—The master of every foreign-going VeS- sel shall, before carrying any apprentice to Sea from any place in the United States, cause such apprentice to appear before the shipping-COmmissioner before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assignments thereof if any ; and the name of the apprentice, with the date of the inden- ture and Of the assignment or assignments thereof, if any, shall be entered on the agreement; which shall be in the form as near as may be given in the table marked “A” in the Schedule annexed to this Title; and no Such assignment shall be made Without the approval of a commissioner, Of the apprentice, and of his parents or his guardian. For any violation Of this section, the master shall be liable to a pen- alty of not more than one hundred dollars. (R. S. § 4510.) § 8300. Shipping-articles—The master Of every vessel bound from a port in the United States to any foreign port Other than vessels engaged in trade be- tween the United States and the British NOIth Ameri- can possessions, or the West India Islands, or the re- public of Mexico, or of any vessel of the burden of Seventy-five tons or upward, bound from a port On the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds On Such voyage, make an agreement, in Writing Or in print, With every seaman whom he carries to Sea as One Of the Crew, in the manner hereinafter mentioned; and every such agree- ment shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title, and shall be dated at the time of the first sig- nature thereof, and shall be signed by the master before any Seaman signs the same, and shall Contain the following particulars: First. The nature and, as far as practicable, the . duration of the intended voyage Or engagement, and the port Or Country at which the VOyage is to termi- nate. Second. The number and description of the Crew, specifying their respective employments. Third. The time at Which each Seaman is to be on board, to begin work. Fourth. The CapaCity in which each Seaman is to Ser'Ve. - Fifth. The amount of Wages which each seaman is to receive. Sixth. A scale of the provisions which are to be furnished to each Seaman. Seventh. Any regulations as to conduct On board, and as to fines, short allowance of provisions, or oth- er lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secre- tary of the Treasury not contrary to or not otherwise provided for by law, which the parties agree to adopt. Eighth. Any stipulations in reference to advance and allotment of wages, or other matters not con- trary to law. (R. S. § 4511, amended, March 3, 1897, c. 389, § 19, 29 Stat. 691.) See §§ 8293, 8380. $ 8301. Time for which seamen may ship—A master Of a vessel in the foreign trade may engage a Seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time, whatever the desti- Ination. The master of a vessel making regular and Stated trips between the United States and a foreign COuntry may engage a seaman for One or more round trips, Or for a definite time, or on the return of said Vessel to the United States may reship such seaman for another voyage in the same vessel, in the manner provided by law, without the payment of additional fees to any officer for such reshipment or re-engage- ment. (June 26, 1884, c. 121, § 19, 23 Stat. 58.) § 8302. Shipping-articles; rules for—The fol- lowing rules shall be observed with respect to agree- ImentS: First. Every agreement, except such as are other- wise Specially provided for, shall be signed by each Seaman in the presence of a shipping-commissioner. Second. When the crew is first engaged the agree- ment shall be signed in duplicate, and one part shall be retained by the shipping-Commissioner, and the Other part shall contain a special place or form for the description and signatures of persons engaged Subsequently to the first departure of the ship, and shall be delivered to the master. Third. Every agreement entered into before a ship- ping-COmmissioner shall be acknowledged and Certified under the hand and Official Seal Of Such Commissioner. The certificate of acknowledgment shall be indorsed. On Or annexed to the agreement ; and Shall be in the following form: “State Of , County of —: º “On this day of , personally appeared before me, a shipping-Commissioner in and for the said County, A. B., C. D., and E. F., severally known to me to be the same persons who executed the fore- going instrument, who each for himself acknowledged to me that he had read Or had heard read the same ; that he was by me made acquainted with the condi- tions thereof, and understood the same ; and that, while Sober and not in a State Of intoxication, he sign- ed it freely and voluntarily, for the uses and purposes therein mentioned.” (R. S. § 4512.) § 83.03. Same; exception as to—The section forty-five hundred and eleven shall not apply to mas- ters of vessels where the seamen are by custom or agreement entitled to participate in the profits or result Of a Cruise Or VOyage, nor to masters Of coast- wise nor to masters of lake-going vessels that touch at foreign ports; but Seamen may, by agreement, serve on board such vessels a definite time, Or, on the return of any vessel to a port in the United States, may reship and sail in the same vessel on another Voyage, without the payment Of additional fees to the shipping-commissioner, by either the Seamen. Or the master. (R. S. § 4513, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) R. S. § 4511, is $ 8300. § 8304. Penality; shipping without agreement —If any person shall be carried to Sea, as one of the Crew. On board of any vessel making a voyage as here- in before Specified, without entering into an agree- ment with the master Of Such VeSSel, in the form and manner, and at the place and times in such cases required, the vessel shall be held liable for each such offense to a penalty of not more than two hundred dollars. But the vessel shall not be held liable for any person carried to sea, who shall have Secretly Stowed away himself without the knowledge Of the master, mate, or of any of the Officers of the vessel, or Ch. 3) 3 8314 MERCHANT SEAMEN IPage 1309|| who shall have falsely personated himself to the master, mate, or officers of the vessel, for the pur- pose of being carried to sea. (R. S. § 4514.) § 8305. Same; knowingly shipping seamen. without articles—If any master, mate, or Other Of- ficer of a vessel knowingly receives, Or accepts, to be entered on board of any merchant-vessel, any Sea- man who has been engaged or supplied COntrary to the provisions of this Title, the vessel on board of which such Seaman shall be found shall, for eVery such seaman, be liable to a penalty of not more than two hundred dollars. (R. S. § 4515.) § 8306. Lost seamen may be replaced–In Case of desertion or casualty resulting in the loss Of One or more of the seamen, the master must ship, if Ob- tainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same Or higher grade or rating with those whose places they fill, and re- port the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding Sections. This section shall not apply to fishing or Whaling VeS- sels or yachts. (R. S. § 4516, amended, Dec. 21, 1898, c. 28, § 1, 30 Stat. 755, March 4, 1915, c. 153, § 1, 38 Stat. 1164.) $ 8307. Seamen in foreign ports—Every mas- ter of a merchant-vessel who engages any Seaman at a place out-of-the-United States, in which there is a Consular Officer or commercial agent, shall, before carrying such seaman to sea, procure the Sanction Of such officer, and shall engage Seamen in his pres- ence; and the rules governing the engagement Of Sea- men before a shipping-commissioner in the United States, shall apply to such engagements made before a consular Officer or commercial agent; and upon every such engagement the consular officer or Com- mercial agent Shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and other- wise duly made. (R. S. § 4517.) - § 83.08. Same; penalty for violating statute— Every master who engages any Seaman in any place in which there is a consular officer or commercial agent, otherwise than as required by the preceding section, shall incur a penalty of not more than One hundred dollars, for which penalty the vessel shall be held liable. (R. S. § 4518.) $ 83.09. Same; reshipment—Every master of a vessel in the foreign trade may engage any Seamail at any port out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the destination ; and the master Of a vessel clearing from a port of the United States with One or more seamen engaged in a foreign port' as herein provided shall not be required to reship in a port of the United States the Seamen SO engaged, or to give bond, as required by Section forty-five hun- dred and seventy-six of the Revised Statutes, to pro- duce said seamen before a boarding Officer on the re- turn of said vessel to the United States. (June 26, 1884, c. 121, § 20, 23 Stat. 58.) § 8310. Posting copy of agreement—The mas- ter Shall, at the commencement Of every VOyage or en- gagement, cause a legible copy Of the agreement, omitting signatures, to be placed Or posted up in Such part of the vessel as to be accessible to the Crew ; and on default shall be liable to a penalty of not more than one hundred dollars. (R. S. § 4519.) See § 8293. § 83.11. Shipping-articles for vessels in coast- ing-trade—Every master of any vessel of the burden of fifty tons or upward, bound from a port in one State to a port in any other than an adjoining State, except vessels of the burden Of Seventy-five tons Or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he pro- ceeds on such VOyage, make an agreement in Writing or in print, with every seaman on board such vessel except such as shall be apprentice or servant to him- self or owners, declaring the voyage or term of time # which such seaman shall be shipped. (R. S. § 520.) - § 83.12. Penalty; shipping without articles- If any master of such vessel of the burden of fifty tons Or upward shall carry out any seaman or mariner, except apprentices or servants, without such COn- tract or agreement being first made and signed by the Seamen, such master shall pay to every such Seaman the highest price or wages which shall have been giv- en at the port or place where such seaman was ship- ped, for a similar voyage, within three months next before the time of such shipping, if such seaman shall perform such voyage; or if not, then for such time as he shall continue to do duty on board such vessel; and shall moreover be liable to a penalty of tWenjºy dollars for every such seaman, recoverable, one-hāl; to the use of the person prosecuting for the same, and the other half to the use of the United States. Any Seaman who has not signed such a contract shall not be bound by the regulations nor subject to the penalties and forfeitures contained in this Title. (R. S. § 4521.) - § 8313. Same; onlitting to begin voyage—At the foot of every such contract to ship upon such a vessel of the burden of fifty tons or upward—there shall be a memorandum in writing of the day and the hour when such seaman who shipped and Sub- Scribed shall render himself on board to begin the VOyage agreed upon. If any seaman shall neglect to render himself On board the vessel for Which he has shipped at the time mentioned in Such mem'Orandum without giving twenty-four hours’ notice of his ina- bility to do so, and if the master of the vessel shall, On the day in Which Such neglect happened, make an entry in the log book of such vessel of the name of Such Seaman, and shall in like manner note the time that he so neglected to render himself after the time appointed, then every such seaman shall forfeit for every hour which he shall so neglect to render him- Self One-half of One day’s pay, according to the rate of wages agreed upon, to be deducted out of the wages. If any such seaman shall Wholly neglect to render himself on board of such vessel, or having rendered himself. On board shall afterwards desert, he shall forfeit all Of his wages or emoluments which he has then earned. (R. S. § 4522, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, and Dec. 21, 1898, c. 28, § 2, 30 Stat. 755.) Q § 8314. Unlawful shipments void—All ship- ments of seamen made contrary to the provisions of any act of Congress shall be Void ; and any Sea- man so shipped may leave the Service at any time, and shall be entitled to recover the highest rate Of Wages of the port from which the Seaman was shipped, or the sum agreed to be given him at his shipment. (IR. S. § 4523.) - See §§ 8320, 8323, 8336, 10250. Chapter Three—Wages and Effects Sec. 8315. Wages; commencement. 8316. Same; not dependent on freight. - 8317. Same; termination by loss of vessel; transportation to place of shipment. 8318. Same; improper discharge. 8319. Same; Suspension. 832). Same; time for payment. 8321. Same; vessels engaged in taking oysters. 8322. Same; payment at ports. 8323. Same; advances and allotments. 8324. Same; loss of lien. 8325. [R. S. § 4536. Repealed.] 8325a. Same; attachment or arrestment; fishermen on fishing vessels; support of seaman’s wife; R. S. § 4536, re- pealed. 8326. Same; limit of sum recoverable during voyage. S327. Effects of deceased seamen. 8328. Same; proceedings in regard to. 8329. Same; penalty for neglºt in regard to. 8330. Same; duties of consulaf officers in regard to. ź 8315 (Tit. 53 MERCHANT SEAMEN IPage 1310] Sec. k t Same; on death within the United States. 8332. Same; payment to circuit court. 83.33. Same; distribution by circuit court. 8334. Same; unclaimed wages and effects. 8335. Summons for non-payment of Wages. 8336. Libel for wages. 8337. Wages payable in gold. 8337a. Seamen in command not fellow-servants with those in- jured under them. $ 8315. Wages; commencement—A Seaman's right to wages and provisions shall be taken to Com- Innence either at the time at Which he COmmences work, or at the time specified in the agreement for his commencement of work or presence on board, Which- ever first happens. (R. S. § 4524.) See § 3905. § 83.16. Saime; not dependent on freight-NO right to wages shall be dependent on the earning of tº: by the vessel; but every seaman Or appren- ºce who would be entitled to demand and receive any ... wages if the vessel on which he has served had earn- ed freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to Claim and recover the same Of the master Or OWner in personam, notwithstanding that freight has not been earned. But in all cases of wreck Or loss of ves- sel, proof that any Seaman Or apprentice has not ex- erted himself to the utmost to Save the vessel, Cargo, and stores, shall bar his claim. (R. S. § 4525.) § 8317. Same; termination by loss of vessel; transportation to place of shipment—In Cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to Such termination, but not for any further period. Such seaman shall be considered as a destitute sea- man and shall be treated and transported to port of shipment as provided in sections forty-five hundred and Seventy-seven, forty-five hundred and seventy- eight, and forty-five hundred and seventy-nine of the Revised Statutes of the United States. (R. S. § 4526, amended, Dec. 21, 1898, c. 28, § 3, 30 Stat. 755.) R. S. §§ 4577-4579, are $$ 8368–8370. See § 82.93. § 8318. Same; improper discharge—Any sea- man Who has signed an agreement and is afterward discharged before the Commencement of the voyage or before One month’s wages are earned, without fault On his part justifying such discharge, and without his consent, shall be entitled to receive from the mas- ter or OWner, in addition to any wages he may have earned, a sum equal in amount to" one month's wag- es as Compensation, and may, On adducing evidence satisfactory to the court hearing the case, of having been improperly discharged; recover Such compensa- tion as if it were wages duly earned. (R. S. § 4527.) § 8319. Same; suspension—No Seaman or ap- prentice shall be entitled to wages for any period dur- ing which he unlawfully refuses or neglects to work When required, after the time fixed by the agreement for him to begin work, nor, unless the Court hear- ing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense com- mitted by him. (R. S. § 4528.) § 8320. Saime; time for payment—The master Or owner of any vessel making Coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he was shipped, Or at the time such seaman is discharged, whichever first happens; and in case of Vessels mak- ing foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty- four hours after the Cargo has been discharged, Or within four days after the seaman has been discharg- ed, whichever first happens; and in all Cases the sea- man shall be entitled to be paid at the time of his discharge On a CCount Of Wages a Sum equal to One- third part of the balance due him. Every master Or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without Suffi- cient cause shall pay to the seaman a sum equal to two days’ pay for each and every day during which payment is delayed beyond the respective periods, Which Sum shall be recoverable as wages in any Claim made before the court; but this section shall not apply to masters or owners of any vessel the Seamen of which are entitled to share in the profits Of the Cruise or voyage. (R. S. § 4529, amended, Dec. 21, 1898, c. 28, § 4, 30 Stat. 756, and March 4, 1915, c. 153, § 3, 38 Stat. 1164.) $ 8321. Same; vessels engaged in taking oys- ters—Sections four, six, and twenty-four of chapter tWenty-eight of the Acts of Congress, approved De- Cember twenty-first, eighteen hundred and ninety- eight, shall apply to all vessels engaged in the taking Of Oysters, anything in section twenty-six of said last-Imentioned Act to the contrary notwithstanding. (June 28, 1906, c. 3583, § 4, 34 Stat. 551.) See § 10250. Act Dec. 21, 1898, c. 28, §§ 4, 6, 24, amended R. S. §§ 4529, 4547, and Act June 26, 1884, c. 121, § 10 (§§ 8320, 8323, 8336). § 8322. Same; payment at ports—Every Sea- man on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs one-half part of the wages which he shall have then earned at every port where such Vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended and all stipulations in the Contract to the Contrary Shall be void: Provided, Such a demand shall not be made before the expiration of, nor oftener than once in five days. Any failure on the part of the master to COm- ply with this demand shall release the Seaman from his contract and he shall be entitled to full payment Of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder Of the wages which shall then be due him, as provided in section forty-five hundred and twenty-nine of the Revised Statutes: Provided further, That notwith- Standing any release signed by any Seaman under Sec-. tion forty-five hundred and fifty-two of the Revised Statutes any Court having jurisdiction may upon good Cause shown set aside such release and take Such action as justice shall require: And provided further, That this section shall apply to seamen on foreign vessels while in harbors of the United States, and the Courts of the United States shall be open to such sea- men for its enforcement. (R. S. § 4530, amended, Dec. 21, 1898, c. 28, § 5, 30 Stat. 756, and March 4, 1915, c. 153, § 4, 38 Stat. 1165.) (R. S. §§ 4531–4534. Repealed.) These sections related to allotments and advances of seamen’s wages. They were repealed by Act Dec. 21, 1898, c. 28, § 25, 30 Stat. 764. g § º other provisions relating to the same subjects, See § 8323. Same; advances and allotments—(a) It shall be, and is hereby, made unlawful in any Case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such ad- vance wages, or to make any order, or note, or other evidence of indebtedness therefor to any other person, or to pay any person, for the shipment of Seamen when payment is deducted or to be deducted from a seaman's wages. Any person violating any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be unished by a fine of not less than $25 nor more than $100, and may also be imprisoned for a period of not exceeding six months, at the discretion of the Court. The payment of such advance wages or allotment shall in no case except as herein provided absolve the vessel or the master or the owner thereof from the full payment of wages after the same shall have been actually earned, and shall be no defense to a libel suit or action for the recovery of such wages. If any person shall demand or receive, either directly or in- directly, from any seaman or other person seeking employment, as seaman, or from any person on his behalf, any remuneration whatever for providing him Uh. 3) 3 8328 MERCHANT SEAMEN [Pilge 1311] with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be impris- oned not more than six months or fined not more than $500. (D) It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any por- tion of the Wages he may earn to his grandparents, parents, Wife, sister, or children. (c) No allotment shall be valid unless in writing and Signed by and approved by the shipping Commis- Sioner. It shall be the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a sea- man during his absence which are made at the com- menCement Of the VOyage shall be inserted in the agreement and shall State the amounts and times of the payments to be made and the persons to whom the payments are to be made. - (d) No allotment except as provided for in this sec- tion shall be lawful. Any person who shall falsely Claim to be such relation, as above described, of a sea- man under this section shall for every such offense be punished by a fine not exceeding $500 or imprison- ment not exceeding six months, at the discretion of the Court. t (e) This section shall apply as well to foreign ves- Sels While in waters of the United-States, as-to-vessels- Of the United States, and any master, owner, con- Signee, or agent of any foreign vessel who has vio- lated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for similar violation. The master, owner, consignee, or agent of any vessel of the United States, or of any foreign vessel seeking Clearance from a port of the United States, shall pre- Sent his shipping articles at the office of clearance, and no clearance shall be granted any such vessel unless the provisions.of this section have been complied with. (f) Under the direction of the Secretary of Com- merce the Commissioner of Navigation shall make regulations to carry out this section. (June 26, 1884, C. 121, § 10, 23 Stat. 55, amended, June 19, 1886, c. 421, § 3, 24 Stat. 80, Dec. 21, 1898, c. 28, § 24, 30 Stat. 763, April 26, 1904, c. 1603, § 1, 33 Stat. 308, March 4, 1915, c. 153, § 11, 38 Stat. 1168.) See § 8321. $ 8824. Same; loss of Lien-No seaman shall, by any agreement other than is provided by this Title, forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he Would otherwise have been entitled; and every stipu- lation in any agreement inconsistent with any provi- Sion of this Title, and every stipulation by which any Seaman consents to abandon his right to his wages in the Case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of Salvage, shall be wholly inoperative. (R. S. § 4535.) $ 8325. [R. S. § 4536. Repealed.] This, Section, as enacted into the Revised Statutes, read as follows : “No Wages due or accruing to any seaman or appren- tice shall be subject to attachment or arrestment from any Court; and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous Sale or assignment of wages, or of any attach- ment, incumbrance, or arrestment thereon; and no assign- ment or sale of wages, or of salvage, made prior to the accruing thereof, shall bind the party making the Same, ; such advance securities as are authorized by this It was repealed by Act March 4, 1915, c. 153, § 1 ($ 8325a). § 8325a. Same; attachment or arrestiment; fisłierznera on fishing vessels; support of seaman’s wife; R. S. § 4536, repealed—No Wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court, and eVery payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous Sale or assignment of wages or of any attachment, en- Cumbrance, or arrestment thereon ; and no assign- tnent Or sale of Wages or of salvage made prior to the accruing thereof shall bind the party making the same, except such allotments as are authorized by this title. . This section shall apply to fishermen employed on fish- ing vessels as well as to seamen: Provided, That nothing Contained in this or any preceding section shall interfere with the order by any court regarding the payment by any seaman of any part of his wages for the Support and maintenance of his wife and mi- nor children. Section forty-five hundred and thirty-six Of the Revised Statutes of the United States is here- by repealed. (March 4, 1915, c. 153, § 12, 38 Stat. 1169.) $ 8326. Same; limit of sum recoverable dur- ing voyage—NO Sum exceeding One dollar shall be recoverable from any seaman, by any one person, for any debt contracted during the time such seaman shall actually belong to any vessel, until the voyage for which such seaman engaged shall be ended. (R. S. § 4537.) § 8327. Effects of deceased seamen—Whenever any Seaman Or apprentice belonging to or sent home On any merchant-Vessel, whether a foreign-going Or domestic vessel, employed on a voyage which is to terminate in the United States, dies during such voy- age, the master shall take charge of all moneys, Clothes, and effects which he leaves On board, and shall, if he thinks fit, cause all or any of such clothes . and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the Official log-book, and cause it to be attested by the mate and One of the crew, containing the following particulars: First. A statement of the amount of money so left by the deceased. Second. In case of a sale, a description of each arti- cle sold, and the sum received for each. Third. A Statement Of the Sum due to deceased as wages, and the total amount of deductions, if any, to be made therefrom. (R. S. § 4538.) § 8328. Same; proceedings in regard to—In cas- es embraced by the preceding section, the following rules Shall be Observed: First. If the Vessel proceeds at Once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects re- maining unsold, and pay any money which he has taken charge of, or received from such sale, and the balance of wages due to the deceased, to the ship- ping-Commissioner at the port of destination in the United States. Second. If the vessel touches and remains at some foreign port before coming to any port in the Unit- ed States, the master shall report the case to the Unit- ed States consular officer there, and shall give to such officer any information he requires as to the destina- tion Of the vessel and probable length of the voyage ; and such officer may, if he considers it expedient so to do, require the effects, money, and wages to be de- livered and paid to him, and shall, upon such delivery and payment, give to the master a receipt ; and thre master shall within forty-eight hours after his arrival at his port of destination in the United States produce the same to the Shipping-Commissioner there. Such Consular Officer shall, in any such case, indorse and Certify upon the agreement with the Crew the particu- lars with respect to such delivery and payment. Third. If the consular officer does not require such payment and delivery to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destination in the United States, deliver and pay the same to the shipping-Commissioner there. Fourth. The master shall, in all cases in which any seaman or apprentice dies during the voyage or en- gagement, give to Such officer or shipping-commission- er an account, in such form as they may respectively require, of the effects, money, and wages so to be de- livered and paid ; and no deductions claimed in such account shall be allowed unless Verified by an entry 3 8328 (Tit. 53 MERCHANT SEAMEN [Page 13121 in the official log-book, if there be any ; and by such Other vouchers, if any, as may be reasonably requir- ed by the Officer or shipping-commissioner to whom the account is rendered. r Fifth. Upon due compliance with such of the provi- Sions of this section as relate to acts to be done at the port of destination in the United States, the ship- ping-commissioner shall grant to the master a certifi- Cate to that effect. NO Officer of Customs shall Clear any foreign-going vessel without the production of such certificate. (R. S. § 4539.) § 83.29. Same; penalty for neglect in regard to—Whenever any master fails to take Such Charge Of the money or other effects of a seaman or apprentice during a voyage, or to make such entries in respect thereof, or to procure such attestation to such en- tries, or to make such payment or delivery of any money, wages, Or effects of any seaman Or apprentice dying during a voyage, Or to give Such account in re- Spect thereof as is above directed, he shall be account- able for the money, wages, and effects of the seaman or apprentice to the circuit Court in whose jurisdic- tion such port of destination is situate, and shall pay and deliver the same accordingly; and he shall, in addition, for every Such offense, be liable to a pen- alty of not more than treble the value of the money Or effects, or, if such value is not ascertained, not more than two hundred dollars; and if any Such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and Such money and wages and the Value Of Such effects shall be recoverable from him accordingly ; and if he fails to account for and pay the same, he shall, in addition to his liability for the money and Value, be liable to the same penalty which is incur- red by the master for a like Offense; and all money, Wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the courts and by the modes of proceeding by which seamen are en- abled to recover wages due to them. (R. S. § 4540.) § 8330. Same; duties of consular officers in regard to—Whenever any Such Seaman Or appren- tice dies at any place out of the United States, leaving any money or effects not on board Of his vessel, the COnsular Officer Of the United States at Or nearest the place shall claim and take charge Of Such money and effects, and shall, if he thinks fit, sell all or any of Such effectS, Or any effects of any deceased Seaman Or apprentice delivered to him under the provisions of this Title, and shall quarterly remit to the circuit Court of the circuit embracing the port from which such vessel sailed, or the port where the voyage termi- nates, all moneys belonging to Or arising from the sale Of the effects or paid as the wages of any deceased Sea- men or apprentices which have come to his hands; and shall render SU Ch a CCOunts thereof as the Circuit Court requires. (R. S. § 4541, amended, Act March 3, 1897, c. 389, § 4, 29 Stat. 689.) See §§ 1266–1268. § 8331. Same; on death within the United States—Whenever any Seaman Or apprentice dies in the United States, and is, at the time Of his death, en- titled to claim from the master or owner of any vessel in which he has served, any unpaid wages or effects, such master or owner shall pay and deliver, or ac- Count for the same, to the shipping-Commissioner at the port where the Seaman or apprentice was discharg- ed, or was to have been discharged Or where he died. (R. S. § 4542, amended, March 3, 1897, c. 389, § 6, 29 Stat. 689.) $ 8332. Same; payment to circuit eourt—Every shipping-Commissioner in the United States shall, within one week from the date of receiving any such money, wages, or effects of any deceased seaman or apprentice, pay, remit, or deliver to the circuit Court of the circuit in which he resides, the money, wages, or effects, subject to such deductions as may be al- lowed by the circuit court for expenses incurred in | respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the Same to the circuit court, within the time hereinbefore men- tioned, he shall incur a penalty of not more than treble. the value of such money and effects. (R. S. § 4543.) See §§ 1266–1268. § 83.33. Same; distribution by circuit court— If the money and effects of any seaman or appren- tice paid, remitted, or delivered to the circuit court, including the moneys received for any part of his ef- fects which have been sold, either before delivery to the circuit court, or by its directions, do not ex- ceed in value the sum of three hundred dollars, then, subject to the provisions hereinafter contained, and to all Such deductions for expenses incurred in re- Spect to the Seaman Or apprentice, Or Of his money and effects, as the said court thinks fit to allow, the Court may pay and deliver the said money and effects to any claimants who can prove themselves either to be his widow or children, or to be entitled to the ef- fects of the deceased under his will, or under any statute, or at common law, or to be entitled to pro- cure probate, or take out letters of administration Or confirmation, although no probate or letters of ad- ministration Or Confirmation have been taken Out, and shall be thereby discharged from all further lia- bility in respect of the money and effects So paid and delivered ; or may, if it thinks fit so to do, re- quire probate, or letters of administration or Con- firmation, to be taken out, and thereupon pay and deliver the said money and effects to the legal per- SOnal representatives Of the deceased ; and if Such money and effects exceed in value the sum of three hundred dollars, then, subject to deduction for ex- penses, the Court shall pay and deliver the same to the legal perSOnal representatives Of the deceased. (R. S. § 4544.) See §§ 1266–1268. § 8334. Same; unclaimed wages and effects- A circuit court, in its discretion, may at any time di- rect the sale of the whole or any part of the effects of a deceased seaman or apprentice, which it has re- ceived or may hereafter receive, and shall hold the proceeds of such sale as the wages of deceased sea- men are held. When no claim to the wages or effects Or proceeds of the Sale of the effects of a deceased seaman or apprentice, received by a circuit Court, is Substantiated within six years after the receipt there- Of by the court, it shall be in the absolute discretion Of the COUrt, if any subsequent claim is made, either to allow or refuse the same. Such courts shall, from [time] to time, pay any moneys arising from the un- claimed wages and effects of deceased seamen, which in their opinion it is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United States, and Such moneys shall form a fund for, and be appropriated to, the relief of sick and dis- abled and destitute seamen belonging to the United States merchant marine service. (R. S. § 4545, amended, March 3, 1897, c. 389, § 7, 29 Stat. 689.) See §§ 1266–1268. § 8335. Summons for non-payment of wages— Whenever the wages of any seaman are not paid with- in ten days after the time when the same ought to be paid according to the provisions of this Title, or any dispute arises between the master and seamen touch- ing wages, the district judge for the judicial district where the VeSSel is, Or in Case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice Of the peace, or any commissioner of a circuit court, may summon the master of such vessel to ap- pear before him, to show cause why process should not issue against such vessel, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages. (R. S. § 4546.) See § 1630a. § 8336. Libel for wages—If the master against whom such summons is issued neglects to appear, Or, Ch. 4) 3 8342 3 MERCHANT SEAMEN [Page 1313] appearing, does not show that the Wages are paid Or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or Commissioner shall certify to the clerk of the dis- trict Court that there is Sufficient Cause of Complaint whereon to found admiralty process; and thereupon the clerk of Such court shall issue process against the Vessel. In all Cases where the matter in demand does not exceed One hundred dollars the return day Of the monition Or Citation shall be the first day of a stated Or Special session of court next succeeding the third day after the service of the monition, or citation, and On the return of process in open court, duly served, either party may proceed therein to proofs and hear- ing without other notice, and final judgment shall be given according to the usual course of admiralty COUrtS in Such cases. In such suits all the seamen having cause of complaint of the like kind against the same vessel may be joined as complainants, and it shall be incumbent on the master to produce the COntract and log book, if required to ascertain any matter in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the burden Of proof of the contrary shall be on the mas- ter. But nothing herein contained shall prevent any Seaman from maintaining any action at common law for the recovery of his wages, or having immediate process Out of any court having admiralty jurisdic- tion Wherever any vessel may be found, in case she Shall have left the port of delivery where her voyage ended before payment of the wages, or in case she Shall be about to proceed to sea before the end of the ten days next after the day when such wages are due, in accordance with section forty-five hundred and twenty-nine of the Revised Statutes. (R. S. § 4547, amended, Dec. 21, 1898, c. 28, § 6, 30 Stat. 756) See § 8321. $ 8337. Wages payable in gold—Moneys paid under the laws of the United States, by direction of Consular officers or agents, at any foreign port or place, as Wages, extra or otherwise, due American Seamen, Shall be paid in gold or its equivalent, without any deduction whatever, any contract to the contrary notwithstanding. (R. S. § 4548.) - $ 8837a. Seamen in command not fellow-serv- ants with those injured under them—In any suit to recoVer damages for any injury sustained on board VeSSel OT in its Service seamen having command shall not be held to be fellow-servants with those under their authority. (March 4, 1915, c. 153, § 20, 38 Stat. 1185.) Sec. Chapter Four—Discharge 8338. Mode. 8339. Account on. 8340. Certificate. 8341. Rules for settlement. 8342. Certificate of character. 4. § 8338. Mode—All seamen discharged in the United States from merchant vessels engaged in Voyages from a port in the United States to any foreign port, or, being of the burden of seven- ty-five tons Or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall be discharg- ed and receive their wages in the presence of a duly authorized shipping-Commissioner under this Title, except in cases where some competent court other- wise directs; and any master or Owner of any such vessel who discharges any such seaman belonging thereto, Or payS his Wages within the United States in any other manner, shall be liable to a penalty of not more than fifty dollars. (R. S. § 4549.) See §§ 8287, 8293, 10468. $ 83.39. Account on—Every master shall, not less than forty-eight hours before paying off or discharg- ing any Seaman, deliver to him, Or, if he is to be dis- Charged before a shipping-commissioner, to such ship- ping-commissioner, a full and true account of his COMP.ST.’18–83 Wages, and all deductions to be made therefrom on any account whatsoever; and in default shall, for each Offense, be liable to a penalty Of not more than fifty dollars. No deduction from the wages of any sea- man except in respect Of Some matter happening after such delivery shall be allowed, unless it is included in the account delivered; and the master shall, dur- ing the voyage, enter the various matters in respect to which such deductions are made, with the amounts of the respective deductions as they occur, in the of— ficial log-book, and shall, if required, produce such book at the time of the payment of wages, and, also, upon the hearing, before any competent authority, Of any complaint or question relating to such pay- ment. (R. S. § 4550.) - § 83.40. Certificate—Upon the discharge of any Seaman, Or upon payment Of his Wages, the master shall sign and give him a certificate of discharge, Specifying the period. Of his service and the time and place of his discharge, in the form marked Table B in the schedule annexed to this Title; and every mas- ter who fails to sign and give to such seaman such certificate and discharge, shall, for each such offense, incur a penalty not exceeding fifty dollars. But whenever the master shall discharge his crew or any part thereof in any collection-district where no ship- ping-commissioner has been appointed, he may per- form for himself the duties Of Such Commissioner. (R. S. § 4551.) § 8341. Rules for settlement—The following rules shall be observed with respect to the Settlement Of Wages: •, First. Upon the completion, before a shipping-Com- missioner, Of any discharge and Settlement, the maS- ter or Owner and each seaman, respectively, in the presence of the shipping-Commissioner, shall sign a mutual release of all claims for wages in respect Of the past voyage or engagement, and the Shipping- commissioner shall also sign and attest it, and shall retain it in a book to be kept for that purpose, pro- vided both the master and seamen assent to Such settlement, or the settlement has been adjusted by the shipping-commissioner. Second. Such release, so signed and attested, shall operate as a mutual discharge and settlement of all demands for wages between the parties thereto, On account Of Wages, in respect of the past VOyage Or en- gagement. - Third. A copy of such release, certified under the hand and seal of such shipping-Commissioner to be a true copy, shall be given by him to any party there- to requiring the same, and such copy shall be receiv- able in evidence upon any future question touching such claims, and shall have all the effect of the original of which it purports to be a copy. Fourth. In cases in which discharge and settlement before a shipping-Commissioner are required, no pay- ment, receipt, settlement, or discharge otherwise made shall Operate as evidence of the release or Satisfac- tion of any claim. - - Fifth. Upon payment being made by a master be- fore a shipping-commissioner, the shipping-Commis- sioner shall, if required, sign and give to such master a statement of the whole amount So paid; and such Statement shall, between the master and his employ- er, be received as evidence that he has made the pay- IYYents therein mentioned. (R. S. § 4552.) § 8342. Certificate of character—Upon every discharge effected before a shipping-commissioner, the master shall make and sign, in the form given in the table marked “B,” in the schedule annexed to this Title, a report of the conduct, character, aird qualifi- cations of the persons discharged; Or may state in Such form, that he declines to give any opinion upon such particulars, or upon any of them ; and the com- missioner shall keep a register of the same, and shall, # 8343 (Tit. 53 MERCHANT SEAMEN. [Page 13141 if desired so to do by any seaman, give to him or in- dorse on his certificate of discharge a copy of SO much of such report as concerns him. (R. S. § 4553.) Chapter Five—Protection and Relief Commissioner as arbiter. . Examination of Witnesses. 8345. Complaint that vessel is unseaworthy. 8346. Proceedings on examination of vessel. 8347. Refusal to proceed when vessel found seaworthy. . Appointment of inspectors by consul in foreign port. 8349. Report of inspectors. Discharge on account of unseaworthiness; unseaworthy vessel; penalty. Payment of charges for inspection. . Refusal to pay Wages and charges. 8353. Neglect to provide sufficient stores. Examination of provisions. 8355. Forfeiture for false complaint. 8356. Permission to enter complaint. 8357. Allowance for reduction of provisions. 8358. Medicines. • Same; penalty for failure to keep. 8360. Weights and measures. sailing of 8361. Clothing and fuel. 8362. Slop-chests. 8363. Same; vessels not required to have. 8363a. Crew; requirements and qualifications; rating as able seaman; muster of crew; false affidavit; punish- ment; penalty; regulations. - 8363b. Watches at sea; requirements as to work; right to discharge. . - 8364. List of crew delivered to collector. 8365. Same; certificate. 8366. Same; rules as to. 8367. Same; production on return of vessel; duce persons named. 8368. Destitute seamen; return of. 8369. Same; transportation to United States. 8370. Same; additional allowance for transportation. 8371. Wages on discharge; extra Wages. 8372. Same; penalty for neglect to collect; extra wages; sending incapacitated Seaman to consul for discharge. 8373. Same; in case of sale; extra Wages. 8374. Same; on complaint of seaman; extra, Wages. 8375. Certificates of citizenship. 8376. Same; list of. § 83.43. Commissioner as arbiter—Every ship- ping-Commissioner shall hear and decide any question Whatsoever between a master, Consignee, agent, Or owner, and any of his crew, which both parties agree failure to pro- in writing to submit to him ; and every award so madſe' by him shall be binding on both parties, and shall, in any legal proceedings which may be taken in the matter, before any Court of justice, be deemed to be conclusive as ‘to the rights of parties. And any docu- ment under the hand and Official Seal Of a Commis- sioner purporting to be such submission or award, shall be prima-facie evidence thereof. (R. S. § 4554.) See §§ 3905, 8293. § 8344. Examination of witnesses—In any pro- ceeding relating to the wages, claims, or discharge of a seaman, carried on before any shipping-commis- sioner, under the provisions' of this Title, such ship- ping-commissioner may call upon the Owner, or his agent, or upon the master, Or any mate, or any other member of the crew, to produce any log-books, pa- pers, or other documents in their possession or pow- er, respectively, relating to any matter in question in such proceedings, and may call before him and ex- amine any Of Such perSOns, being then at Or near the place, on any such matter; and every Owner, agent, master, mate, or other member of the crew, who, when called upon by the shipping-Commissioner, does not produce any such books, papers, or documents, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable cause for such default, be liable to a penalty of not more than one hundred dollars for each offense; and, On application made by the shipping-commissioner, shall be further punished, in the discretion of the court, as in other cases of contempt of the process of the court. (R. S. § 4555.) § 8345. Complaint that vessel is uzıseaworthy —If the first and second Officers Under the master or a majority of the crew of any vessel bound on any voyage shall, before the vessel shall have left the dollars. harbor, discover that the vessel is too leaky or is oth- erwise unfit in her crew, body, tackle, apparel, fur- niture, provisions, or stores to proceed on the intend- ed Voyage, and shall require such unfitness to be in- Guired into, the master shall, upon the request of the first and second Officers under the Imaster or such majority of the crew, forthwith apply to the judge of the district court of that judicial district, if he Shall there reside, or if not, to some justice of the peace of the city, town, or place for the appointment Of Surveyors, as in Section forty-five hundred and fifty-seven provided, taking with him two or more of the Crew who shall have made such request; and any master refusing Or neglecting to comply with these Drovisions shall be liable to a penalty of five hundred (R. S. § 4556, amended, Dec. 21, 1898, c. 28, § 7, 30 Stat. 757.) ...” & § 83.46. Proceedings on examination of vessel —The judge, or justice, in a domestic port, shall, up- On Such application of the master or Commander, is- Sue his precept, directed to three persons in the neighborhood, the most experienced and skillful in maritime affairs that can be procured; and when- ever such Complaint is about the provisions one of such surveyors shall be a physician Or a surgeon of the Marine Hospital Service, if such service is es- tablished at the place where the complaint is made. It shall be the duty of such surveyors to repair on board Such vessel and to examine the same in re- Spect to the defects and insufficiencies complained Of, and Imake reports to the judge, or justice, as the case may be, in writing, under their hands or the hands of two of them whether in any or in what respect the Vessel is unfit to proceed on the intended voyage, and what addition of men, provisions, or stores, Or what repairs Or alterations in the body, tackle, or apparel will be necessary ; and upon such report the judge or justice shall adjudge and shall indorse On his report his judgment whether the vessel is fit to proceed on the intended voyage, and, if not, wheth- er Such repairs can be made Or deficiencies Supplied where the vessel then lies, Or whether it is neces- sary for her to proceed to the nearest or most conven- ient place where such supplies Can be made Or de- ficiencies supplied; and the master and the Crew shall, in all things, conform to the judgment. The master or commander shall, in the first instance, pay all the costs of such review, report, or judgment, to be taxed and allowed on a fair copy thereof, Certi- fied by the judge or justice. But if the complaint of the crew shall appear upon the report and judgment to have been without foundation, the master Or COm- . mander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the complaining seamen. (H. S. § 4557, amended, Dec. 21, 1898, C. 28, § 8, 30 Stat. 757.) - § 8347. Refusal to proceed when vessel found seaworthy—If, after judgment that such vessel is fit to proceed on her intended voyage, or after pro- curing such men, provisions, stores, repairs, or altera- tions as may be directed, the seamen, or either Of them, shall refuse to proceed on the Voyage, he shall forfeit any wages that may be due him. (R. S. § 455S, amended, Dec. 21, 1898, c. 28, § 9, 39 Stat. 757.) § 8348. Appointment of in spectors by eoristºl in foreign port—Upon a complaint in Writing, signed by the first and second officers or a majority of the crew of any vessel, while in a foreign port, that such vessel is in an unsuitable condition to go to Sea be- cause she is leaky or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not or have not been during the voyage sufficient or wholesome, thereupon, in any of these or like cases the consul [or a commercial agent who may discharge any of the duties of a Ch. 5) MERCHANT SEAMEN Ž 8357 gº [Page 1315I r consul] shall cause to be appointed three persons of like qualifications with those described in section forty-five hundred and fifty-seven, who shall pro- ceed to examine into the Cause of complaint and who shall proceed and be governed in all their proceed- ings as provided by said section. (R. S. § 4559, amend- ed, Dec. 21, 1898, c. 28, § 10, 30 Stat. 757, and March 4, 1915, c. 153, § 5, 38 Stat. 1165.) - Words in brackets superseded by § 3140, see § 2603. R. S. § 4557, is § 83.46. § 8349. Report of inspectors—The inspectOrS ap- pointed by any consul [or commercial agent], in pur- suance of the preceding section, shall have full pow- er to examine the vessel and whatever is aboard Of her, So far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends Of justice may require ; and if, upon a view of the whole proceedings, the Consul [or other Commercial agent] is satisfied there with, he may approve the whole or any part of the report, and shall certify such approval.; or if he dissents, he shall certify his reasons for dissenting. (R. S. § 4560.) Words in brackets superseded by § 3140. § 83.50. Discharge on account of unseaworthi- mess; sailing of unseaworthy vessel; penalty—The inspectors in their report shall also state whether in their Opinion the vessel was sent to Sea unsuitably charges shall be liable to each person injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may re- Side or be found, and in addition thereto be punish- able by a fine of one hundred dollars for each offense. (R. S. § 4563.) . $ 8353. Neglect to provide sufficient stores— Should any master or owner of any merchant vessel of the United States neglect to provide a sufficient Quantity of stores to last for a voyage of Ordinary duration to the port of destination, and in conse- Quence Of Such neglect the Crew are Compelled to a C- Cept a reduced scale, such master or Owner shall be liable to a penalty as provided in section forty-five hundred and sixty-eight of the Revised Statutes. (R. S. § 4564, amended, Dec. 21, 1898, c. 28, § 12, 30 Stat. 758. 'r S. § 4568, is $ 8357. § 8354. Examination of provisions—Any three Or more of the Crew of any merchant-vessel of the United States bound from a port in the United States to any foreign port, or being of the burden of seventy- five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, may Complain to any officer in command of any of the vessels of the United States Navy, or consular officer Of the United States, or shipping-Commissioner Or provided-in-any-important-or-essential—particular, by neglect or design, or through mistake Or accident; and in case it was by neglect or design, and the Con- Sular officer approves of such finding, he shall dis- charge such of the crew as request it, and shall re- quire the payment by the master of one month’s wages for each seaman over and above the Wages then due, or sufficient money for the return of such Of the Crew as desire to be discharged to the nearest and most convenient port of the United States, Or by furnishing the seamen who so desire to be dis- charged with employment on a ship agreed to by them. But if in the Opinion of the inspectors the de- fects or deficiencies found to exist have been the re. sult of mistake or accident, and could not, in the ex- ercise of Ordinary care, have been known and pro- vided against before the sailing of the Vessel, and the master Shall in a reasonable time remove Of a remedy the causes of complaint, then the crew shafi'i remain and discharge their duty. If any person! knowingly sends or attempts to send Or is party to # the sending or attempting to send an American ship , to sea, in the foreign or coastwise trade, in such an Unseaworthy state that the life of any person is like- ly to be thereby endangered, he shall, in respect Of each offense, be guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dol- lars or by imprisonment not to exceed five years, or both, at the discretion of the court, unless, he proves that either he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purposes of giving that proof he may give evi- dence in the same manner as any other Witness. (R. S. § 4561, amended, June 26, 1884, c. 121, § 4, 23 Stat. 54, and Dec. 21, 1898, c. 28, § 11, 30 Stat. 758.) See § 3177. § 8351. Payment of charges for inspection— The master shall pay all such reasonable charges for inspection under such complaint as shall be officially certified to him under the hand Of the COnSul. [Or COm- mercial agent]; but in case the inspectors report that the complaint is without any good and sufficient cause, the master may retain from the Wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable dam- ages for detention on that account as the Consul [or commercial agent] directing the inquiry may Officially certify. (R. S. § 4562.) Words in brackets superseded by § 3140. § 8352. Refusal to pay wages and charges- Every master who refuses to pay such Wages and chief officer of the customs, that the provisions or Water for the use Of the Crew are, at any time, Of bad quality, unfit for use, or deficient in quantity. Such officer shall thereupon examine the provisions or Water, Or Cause them to be examined; and if, On examination, such provisions or water are found to be of bad quality and unfit for use, Or to be deficient in quantity, the person making such examination shall certify the same in writing to the master of the ship. If such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so certified to be of a bad Quality and unfit for use, or does not procure the requisite quantity of any so certified to be insufficient in quantity, or uses any provisions or Water which have been SO Certified as aforesaid to be Of bad quality and unfit for use, he shall, in every such case, be liable to a penalty of not more than . One hundred dollars; and upon every such examination the officers making or directing the same shall enter a statement Of the result of the examination in the log-book, and shall send a report thereof to the district judge for the judicial district embracing the port to which such vessel is bound; and Such report shall be received in evidence in any legal proceedings. (R. S. § 4565.) See § 10464. - § 83.55. Forfeiture for false complaint—If the officer to whom any such COmplaint in regard to the provisions Or the water is made Certifies in Such State- ment that there was no reasonable ground for such complaint, each of the parties so complaining shall forfeit to the master Or OWner his share of the ex. pense, if any, of the survey. (R. S. § 4566, amended. Dec. 21, 1898, c. 28, § 13, 30 Stat. 758.) $ 8356. Ferrmission to enter complaint—If any Seamen, while On board any vessel, shall state to the master that they desire to make complaint, in accordance with the two preceding sections, in re- gard to the provisions Or the water, to a Competent Officer, against the master, the master shall, if the vessel is then at a place where there is any such Of- ficer, so soon as the service of the vessel will per- mit, and if the vessel is not then at such a place, so Soon after her first arrival at Such place as the Serv- ice of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint; and shall, in default, be liable to a penalty of not more than One hundred dollars. (R. S. § 4567.) t § 8357. Allowance for reduction of provisions —If, during a voyage, the allowance of any of the 2 8357 (Tit. 53 MERCHANT SEAMEN IPage 1316I provisions which any seaman is entitled to under sec- tion forty-six hundred and twelve of the Revised Statutes is reduced except for any time during which such seaman willfully and without sufficient cause refuses or neglects to perform his duty, Or is law- fully under confinement for misconduct either on board or on shore; or if it shall be shown that any of Such provisions are, or have been during the voyage, bad in quality or unfit for use, the seaman shall re- Ceive, by Way Of compensation for such reduction or bad quality, according to the time of its Continuance, the following sums, to be paid to him in addition to and to be recoverable as wages: First. If his allowance is reduced by any quantity not exceeding one-third of the quantity specified by law, a Sum not exceeding fifty cents a day. Second. If his allowance is reduced by more than One-third Of Such quantity, a sum not exceeding One dollar a day. Third. In respect of bad quality, a sum not ex- Ceeding One dollar a day. But if it is shown to the satisfaction of the Court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were unavoidably injured, or lost, or if by reason of its in- nate qualities any article becomes unfit for use and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take such circumstanc- es into consideration and shall modify or refuse Com- pensation, as the justice of the case may require. (R. S. § 4568, amended, Dec. 21, 1898, c. 28, § 14, 30 Stat. 758.) - R. S. § 4612, is $ 8392. § 8358. Medicines—Every vessel belonging to a citizen of the United States, bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall be provided with a chest of medi- Clnes; across the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape Of Good Hope, or engaged in the Whale or other fisheries, or in sealing, shall also be provided with, and Cause to be kept, a sufficient quan- tity of lime or lemon juice, and also sugar and vine- gar, or Other anti-scorbutics, to be served out to every seaman as follows: The master of every such vessel shall serve the lime or lemon juice, and Sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consumption of salt provisions continues; the lime or lemon juice and Sugar daily at the rate of half an ounce each per day; and the vinegar Weekly, at the rate of half a pint per week for each member of the crew. (R. S. § 4569.) - $ 8359. Same; penalty for failure to keep— If, on any such vessel, such medicines, medical stores, lime or lemon juice, or other articles, sugar, and vine- gar, as are required by the preceding section, are not provided and kept on board, as required, the master Or Owner shall be liable to a penalty of not more than five hundred dollars; and if the master of any Such Wessel neglects to serve out the lime or lemon juice, and Sugar and Vinegar in the case and man- ner directed, he shall for each Such Offense be liable to a penalty of not more than one hundred dollars; and if any master is COnvicted in either of the Offenses mentioned in this section, and it appears that the offense is owing to the act or default of the owner, such master may recover the amount of such penalty, and the costs incurred by him, from the owner. (R. S. § 4570.) . $ 8360. Weights and measures—Every master shall keep on board proper weights and measures for the purpose of determining the quantities of the Several provisions and articles served out, and shall allow the same to be used at the time of serving out and every sailing-vessel bound on a voyage such provisions and articles, in the presence of a wit- ness, whenever any dispute arises about such quan- tities, and in default shall, for every offense, be liable to a penalty of not more than fifty dollars. (R. S. § 4571.) - - § 8361. Clothing and fuel—Every vessel bound on any foreign voyage exceeding in length fourteen days shall also be provided with at least one suit of Woolen clothing for each seaman, and every vessel in the foreign or domestic trade shall provide a safe and Warm room for the use of Seamen in Cold Weath- er. Failure to make such provisions shall sub- ject the owner or master to a penalty of not less than one hundred dollars. (R. S. § 4572, amended, Dec. . 21, 1898, c. 28, § 15, 30 Stat. 759.) § 8362. Slop-chests—That every vessel mention- ed in section forty-five hundred and sixty-nine of the Revised Statutes shall also be provided with a slop- chest, which shall contain a complement of clothing for the intended voyage for each seaman employed, including boots or shoes, hats or caps, under cloth- ing and outer clothing, oiled clothing, and everything necessary for the wear Of a seaman; also a full Sup- ply of tobacco and blankets. Any of the contents of the slop-chest shall be sold, from time to time, to any or every seaman applying therefor, for his OWn use, at a profit not exceeding ten per centum of the rea- sónable wholesale value of the same at the port at which the voyage Commenced. And if any Such Vessel is not provided, before sailing, as herein required, the owner shall be liable to a penalty of not more than five hundred dollars. The provisions Of this Sec- tion shall not apply to vessels plying between the TJnited States and the Dominion of Canada, New- foundland, the Bermuda Islands, the Bahama Islands, the West Indies, Mexico and Central America. (June 26, 1884, c. 121, § 11, 23 Stat. 56.) R. S. § 4560, is § 8349. § 8363. Same; vessels not required to have- That section eleven of “An act to remove certain burdens on the American merchant marine and en- courage the American foreign carrying-trade, and for other purposes,” approved June twenty-sixth, eight- een hundred and eighty-four, shall not be construed to apply to vessels engaged in the whaling or fishing business. (June 19, 1886, c. 421, § 13, 24 Stat. 82.) Act June 26, 1884, c. 121, § 11, is § 8362. § 8363a. Crew; requirements and qualifica- tions; rating as able seaman; muster of crew; false affidavit; punishment; penalty; regula- tions—No vessel of one hundred tons gross and up- ward, except those navigating rivers exclusively al-d the smaller inland lakes and except as provided in section one of this Act, shall be permitted to depart from any port of the United States unless she has On board a crew not less than seventy-five per Centum of which, in each department thereof, are able to un- derstand any order given by the officers of such vessel, nor unless forty per centum in the first year, forty-five per centum in the second year, fifty per centum in the third year, fifty-five per centum in the fourth year after the passage of this Act, and thereafter sixty- five per centum of her deck crew, exclusive of licensed officers and apprentices, are of a rating not less than able seaman. Every person shall be rated an able Sea- man, and qualified for service as such on the Seas, Who is nineteen years of age or upward, and has had at least three years' service on deck at Sea or on the Great Lakes, on a vessel or vessels to which this Sec- tion applies, including decked fishing vessels, naval vessels or coast guard vessels; and every person Shall be rated an able seaman, and qualified to Serve as such on the Great Lakes and on the smaller lakes, bays or sounds, who is nineteen years of age or up- ward and has had at least eighteen months’ service on deck at sea or on the Great Lakes or on the Smaller lakes, bays, or sounds, on a vessel or vessels to Which this section applies, including decked fishing vessels, naval vessels, or coast guard vessels; and graduates Ch. 5) # 8866 MERCHANT SEAMEN [Page 13171 of School ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen after twelve months’ service at Sea : Pro- vided, That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hear- ing, and physical condition, such persons or graduates are found to be competent : Provided further, That upon examination, under rules prescribed by the De- partment of Commerce as to eyesight, hearing, physi- cal condition, and knowledge of the duties of seaman- ship a person found competent may be rated as able seaman after having served on deck twelve months at sea, Or on the Great Lakes; but seamen examined and rated able Seamen under this proviso shall not in any Case Compose more than One-fourth Of the number of able Seamen required by this Section to be shipped or employed upon any vessel. Any person may make application to any board of local inspectors for a certificate of service as able sea- man, and upon proof being made to said board by affi- davit and examination, under rules approved by the Secretary of Commerce, showing the nationality and age of the applicant and the vessel or vessels on which he has had service and that he is entitled to Such Certificate under the provisions of this section, the board Of local inspectors shall issue to said applicant a certificate of service, which shall be retained by him and be accepted as prima facie evidence of his rating as an able seamen. Each board of local inspectors shall keep a complete record of all certificates of service issued by them and to whom issued and shall keep On file the affidavits upon which said Certificates are issued. The collector of customs may, upon his own motion, and shall, upon the sworn information of any reputa- ble citizen of the United States setting forth that this * Section is not being complied with, cause a muster of the Crew of any vessel to be made to determine the fact; and no clearance shall be given to any vessel failing to comply with the provisions of this section : Provided, That the collector of customs shall not be required to cause such muster of the crew to be made unless Said sworn information has been filed with him for at least six hours before the vessel departs, or is Scheduled to depart: Provided further, That any per- SOn that shall knowingly make a false affidavit for Such purpose shall be deemed guilty of perjury and up- On COnviction thereof shall be punished by a fine not eXceeding $500 or by imprisonment not exceeding one year, Or by both such fine and imprisonment, within the discretion of the court. Any violation of any pro- Vision of this section by the owner, master, or officer in charge of the vessel shall subject the Owner of Such Vessel to a penalty of not less than $100 and not more than $500: And provided further, That the Secretary of Commerce shall make such rules and regulations as may be necessary to carry out the provisions of this Section, and nothing herein shall be held or Construed to prevent the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, from making rules and regulations authorized by law as to vessels excluded from the Operation of this section. (March 4, 1915, c. 153, § 13, 38 Stat. 1169.) § 8363b. Watches at sea; requirements as to work; right to discharge—In all merchant vessels Of the United States of more than One hundred tons gross, excepting those navigating rivers, harbors, bays, Or Sounds exclusively, the Sailors shall, while at Sea be divided into at least two, and the firemen, Oilers, and Water tenders into at least three watches, which shall be kept on duty successively for the performance of ordinary work incident to the sailing and manage- ment of the vessel. The seamen shall not be shipped to work alternately in the fireroom and on deck, nor shall those shipped for deck duty be required to work in the fireroom, or vice versa; but these provisions shall not limit either the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, the whole or any part of the crew are needed for the maneuver- ing of the vessel or the performance of WOrk necessary for the safety of the vessel or her cargo, or for the Saving of life aboard Other vessels in jeopardy, Or when in port or at sea from requiring the Whole Or any part of the crew to participate in the performance of fire, lifeboat, and other drills. While such vessel is in a safe harbor no seaman shall be required to do any unnecessary work on Sundays or the following-named days : New Year’s Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, but this shall not prevent the dispatch of a vessel on regular schedule or when ready to proceed. On her voyage. And at all times while Such vessel is in a safe harbor, nine hours, inclusive Of the anchor watch, shall Constitute a day’s work. Whenever the master of any vessel shall fail to comply with this section, the seamen shall be entitled to discharge from Such vessel and to re- ceive the Wages earned. But this Section shall not apply to fishing or whaling vessels or yachts. (March 4, 1915, c. 153, § 2, 38 Stat. 1164.) * § 8364. List of crew delivered to collector— Before a clearance is granted to any vessel bound on a foreign voyage or engaged in the whale-fishery, the master thereof Shall deliver to the CollectOr Of the customs a list containing the names, places of birth and residence, and description of the persons who com- pose his ship's company; to which list the Oath of the Captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them ; and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty-five cents. (R. S. § 4573.) See §§ 5327, 8138. § 8365. Same; certificate—In all cases of pri- Vate vessels of the United States sailing from a port in the United States to a foreign port, the list Of the crew shall be examined by the collector for the district from which the vessel shall clear, and, if ap- proved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any Such vessel unless his name shall have been entered in the list of the crew, approved and certified by the col- lector for the district from which the vessel shall Clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper officer Of the Vessel to which the same belongs, shall cause the same to be recorded in a book by him for that pur- pose to be provided, and the record shall be Open for the inspection of all persons, and a 'certified copy thereof shall be admitted in evidence in any court, in which any question may arise under any of the pro- visions of this Title. (R. S. § 4574.) $ 8366. Same; rules as to—The following rules Shall be Observed with reference to Wessels bound on any foreign voyage : First. The duplicate list of the ship's company re- quired to be made out by the master and delivered to the collector of the customs, under section forty-five hundred and seventy-three, shall be a fair Copy in one uniform handwriting without erasure or interline- ation. Second. It shall be the duty of the owners of every Such vessel to obtain from the Collector Of the Customs of the district from which the clearance is made, a true and certified Copy of the shipping-articles Con- taining the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. Third. These documents, which shall be deemed to contain all the Conditions of contract with the crew as to their service, pay, voyage, and all other things, shaſi be produced by the master, and laid before any consul, or other commercial agent of the United States, when- ever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or as- Sistance. Fourth. All interlineations, erasures, or Writing in & 8366 (Tit. 53 MERCHANT SEAMEN [Page 1318] a hand diſferent from that in which such duplicates were originally made, shall be deemed fraudulent al- terations, working no change in such papers, unless sat- isfactorily explained in a manner consistent with inno- cent purposes and the provisions of law which guard the rights Of mariners. Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to per- form the duties imposed by this section, or shall Vio- late the provisions thereof, he shall be liable to each and every individual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of One Hundred dollars for each Offense. Sixth. It shall be the duty of the boarding-officer to report all violations of this section to the collector of the port where any vessel may arrive, and the collec- tor shall report the same to the Secretary of the Treasury and to the United States attorney in his district. (R. S. § 4575, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) - $ 8367. Same; production on return of vessel; failure to produce persons named—The master of every vessel bound. On a foreign Voyage or engaged in the whale fishery shall exhibit the certified copy of the list of the crew to the first boarding Officer at the first port in the United States at which he shall ar- rive on his return, and also produce the persons nam- ed therein to the boarding officer, whose duty it shall be to examine the men with such list and to report the same to the collector; and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel Originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which such vessel originally sailed. For each failure to pro- duce any person on the Certified copy list of the Crew the Severally liable to a penalty of four hundred dollars, to be sued for, prosecuted, and disposed of in such manner as penalties and forfeitures which may be in- curred for offenses against the laws relating to the collection of duties ; but such penalties shall not be incurred on account Of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign Country with the consent of the consul, vice-consul, commercial agent, or vice-commercial agent there re- siding, certified in writing, under his hand and official seal, to be produced to the collector with the other persons Composing the crew, nor on account of any such person dying or absconding or being forcibly im- pressed into other service of which satisfactory proof shall also be exhibited to the collector. (R. S. § 4576, amended, March 3, 1897, c. 389, § 3, 29 Stat. 688.) § 8368. Destitute seamen; . be the duty of the consuls, vice-consuls, [commercial agents, and vice-COmmercial agents], from time to time, to provide for the seamen of the United States, who may be found destitute within their districts, re- Spectiyely, Sufficient subsistence and passages to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. The seamen Shall, if able, be bound to do duty on board the vessels in which they may be transport- ed, according to their several abilities. (R. S. § 4577.) Words in brackets superseded by § 3140. See §§ 3177, 3194, 8317, 10468. § 8369. Same; transportation to United States—All masters of Vessels of the United States, and bound to some port of the same, are required to take such destitute seamen. On board their vessels, at the request of consular officers, and to transport them to the port in the United States to which such ves- sel may be bound, On such terms, not exceeding ten dollars for each person for Voyages of not more than of the master and OWIYer Shall be Said Seaman ; return of—It shall thirty days, and not exceeding twenty dollars for each. perSon for longer voyages, as may be agreed between the master and the consular Officer, when the trans- portation is by a sailing vessel; and the regular steerage-passenger rate, not to exceed two cents per mile, When the transportation is by steamer; and Said Consular officer shall issue certificates for such transportation, which certificates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify in the certificate of transportation, and such additional Compensation shall be paid as the First Comptroller of the Treasury shall deem proper. Every Such master who refuses to receive and transport such seamen on the request Or Order of Such consular Officer Shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any Such consular officer, given under his hand and official Seal, shall be presumptive evidence of such refusal - in any Court of law having jurisdiction for the re- COvery Of the penalty. No master of any vessel shall, however, be obliged to take a greater number than One man to every one hundred tons burden of the VeSSel. On any One voyage or to take any seaman hav- ing a Contagious disease. (R. S. § 4578, amended, June 26, 1884, c. 121, § 9, 23 Stat. 55, and June 19, 1886, c. 421, § 18, 24 Stat. 83.) $ 8370. Saxme; additional allowance for trans- portation—Whenever distressed seamen of the Unit- ed States are transported from foreign ports where there is no consular officer of the United States, to ports of the United States, there shall be allowed to the master or owner of each vessel, in which they are transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the First Comptroller of the Treasury. (R. S. § 4579.) - $ 8371. Wages on discharge; extra wages— * :- Upon the application of the master of any vessel to a Consular Officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said seaman has Completed his shipping agreement, or is entitled to his discharge under any act of Congress or accord- ing to the general principles or usages of maritime law as recognized in the United States, such officer Shall discharge said seaman, and require from the master Of said vessel, before such discharge shall be made, payment of the wages which may then be due but no payment of extra wages shall be required by any consular officer upon such dis- Charge of any Seaman except as provided in this act. (R. S. § 4580, amended, June 26, 1884, c. 121, § 2, 23 Stat. 54.) - See §§ 2603, 3177, 3194. - - $ 8372. Same; penalty for neglect to collect; extra wages; sending incapacitated seaman to consul for discharge—If any consular officer, when discharging any seaman, shall neglect to require the payment Of and Collect the arrears of wages and ex- tra Wages required to be paid in the Case of the dis- Charge Of any Seaman, he shall be accountable to the United States for the full amount thereof. The master shall provide any seaman so discharged with employment on a vessel agreed to by the seaman, or shall provide him with one month’s extra wages, if it shall be shown to the Satisfaction. Of the Consul that such seaman was not discharged for neglect of duty, incompetency, or injury incurred on the vessel. If the seaman is discharged by voluntary consent be- fore the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and return to the Unit- ed States shall be paid from the fund for the main- tenance and transportation of destitute American Sea- Iſlēll. - Ch. 6) 2 8379 MERCHANT SEAMEN [Page 1319|| Provided, That at the discretion of the Secretary of Commerce, and under such regulations as he may prescribe, if any Seaman incapacitated from service by injury or illness is on board a vessel so situated that a prompt discharge requiring the personal ap- pearance of the master of the vessel before an Ameri- Can Consul Or Consular agent is impracticable, Such Seaman may be sent to a consul or consular agent, Who Shall care for him and defray the cost of his maintenance and transportation, as provided in this paragraph. (R. S. § 4581, amended, June 26, 1884, c. 121, § 7, 23 Stat. 55, April 4, 1888, c. 61, § 3, 25 Stat. 80, Dec. 21, 1898, c. 28, § 16, 30 Stat. 759, and March 4, 1915, c. 153, § 19, 38 Stat. 1185.) $ 8873. Same; in case of sale; extra wages— Whenever a VeSSel. Of the United States is sold in a foreign Country and her company discharged, it shall be the duty of the master to produce to the consular Officer a Certified list of the ship's company, and also the shipping articles, and besides paying to each sea- man or apprentice the wages due him, he shall either provide him with adequate employment on board some other Vessel bound to the port at which he was orig- inally Shipped, or to such other port as may be agreed upon by him, or furnish the means of sending him to such port, Or provide him with a passage home, or deposit with the consular officer such a sum-of-mon- ey as is by the Officer deemed sufficient to defray the expenses of his maintenance and passage home; and the Consular officer shall indorse upon the agreement With the CreW of the ship which the seaman or ap- prentice is leaving the particulars of any payment, provision, Or deposit made under this section. A fail- ure to Comply with the provisions of this section shall render the owner liable to a fine of not exceeding fifty dollars. (R. S. § 4582, amended, June 26, 1884, e. 121, § 5, 23 Stat. 54, and Dec. 21, 1898, c. 28, § 17, 30 Stat. 759.) $ 8374. Same; on complaint of Seaman; ex- tra wages—Whenever On the discharge of a seaman in a foreign country by a consular officer on his cont- plaint that the voyage is continued Contrary to agree- ment, Or that the VeSSel is badly provisioned or un- SeaWorthy, or against the officers for cruel treatment, it. shall be the duty of the consul or consular agent to institute a proper inquiry into the matter, and, Upon his being Satisfied of the truth and justice of Such Complaint, he shall require the master to pay to such seaman one month's WageS OVer and above the wages due at the time of discharge, and to pro- Vide him with adequate employment on board some Other vessel, or provide him with a paSSage On board SOLOle other Vessel bound to the port from which he Wà.S originally shipped, Or to the most convenient port Of entry in the United States, or to a port agreed to by the Seaman. (R. S. § 4583, amended, June 26, 1884, C. 121, § 8, 23 Stat. 54, and Dec. 21, 1898, c. 28, § 18, 30 Stat. 760.) (R. S. §§ 4584–4587. Repealed.) R. S. § 4584, provided for the disposal of extra wages obtained for seamen upon their discharge. It was re- pealed by Act June 26, 1884, c. 121, § 8, 23 Stat. 55. R. S. §§ 4585-4587, provided for the Collection, from the masters or owners of vessels. of the sum of 40 cents per month for each seaman employed thereon, to be retained Out of the wages of such seamen. The moneys so col- lected were to. be placed to the credit of “the fund for the relief of sick and disabled seamen” in the Treasury, and that fund Was appropriated for the expenses of the Marine Hospital Service, and was to be employed for the $ºe and relief of sick and disabled searnen, by R. S. § 4803. These three sections were repealed by the Shipping Act of June 26, 1884, c. 121, § 15, 23 Stat. 57, which secº tion, further provided that the expense of maintaining the Marine Hospital Service should be borne by the United States out of the receipts for duties on tonnage provided for by that act. But so much of said section 15 of the Shipping Act of 1884 as made a permanent appropriation Of the receipts for tonnage duties for the expenses of maintaining the Marine Hospital Service was repealed by Act March 3, 1905, c. 1484, § 1, 33 Stat. 1217. $ 8375. Certificates of citizenship—The collec- tor of every district shall keep a book or books, in Which, at the request of any seaman, being a citizen Of the United States of America, and producing proof Of his citizenship, authenticated in the manner here- inafter directed, he shall enter the name of such sea- man, and shall deliver to him a certificate, in the following form, that is to say: “I, A. B., Collector of the district of D., do hereby certify, that E. F., an American Seaman, aged years, Or thereabouts, Of the height of — feet — inches, (describing the Said seaman as particularly as may be,) has, this day, produced to me proof in the manner directed by law ; and I do hereby certify that the said E. F. is a Citizen Of the United States Of America. In wit- IneSS Whereof, I have hereunto set my hand and Seal Of Office, this — day of —.” It shall be the duty of the collectors to file and preserve the proofs Of citizenship so produced. For each certificate so delivered, the collectors shall be entitled to receive from the Seaman applying for the same the sum of twenty-five cents. (R. S. § 4588.) See §§ 5327, 8138. (R. S. §§ 4589, 4590. Repealed.) These sections provided for a protest by the master of a vessel, any of the crew of which should have been im- pressed or detained by any foreign power, and prescribed the proceedings on such protests. They also required dec- larations by the master of every vessel, before being ad- mitted to entry—by-the collector, whether any of the crew had been impressed or detained, and how far he had com- plied with these directions, and imposed a penalty for willful neglect or refusal to make the declarations or to perform the duties enjoined. They were repealed by the Shipping Act of March 3, 1897, c. 389, § 16, 29 Stat. 691. § 8376. Same; list of—The collector of every port Of entry in the United Suates shall send a list Of the seamen to whom certificates of citizenship have been granted, Once every three months, to the Secretary Of State, together with an account of such impress- ments Or detentions, as Shall appear, by the protests Of the masters, to have taken place. (R. S. § 4591.) Chapter Six—Fees of Shipping-Com- Sec. 1111SS1C)1161 S 8377. Fees. 8378. Limit of compensation. 8379. Taking unlawful fees. $ 8377. Fees—Fees not exceeding the sums speci- fied in the tables marked “C” and “D” in the Sched- ule annexed to this Title, shall be payable upon all engagements and discharges and apprenticeships eſ- fected before any shipping-commissioner. Each ship- ping-Commissioner shall cause a scale of the fees pay- able to be prepared, and to be conspicuously placed in the shipping-Office, and may refuse to proceed with any engagement 'Or discharge unless the fees pay- able thereon are first paid. (R. S. § 4592.) See § 3905. (R. S. § 4593. Superseded.) This section required payment, by every owner, con- signee, agent, or master of a vessel engaging or discharg— ing Seamen in a shipping office or before a shipping com- missioner, of the fees made payable in respect of such en- gagement or discharge, and allowed reimbursement there- of in part by deductions from the wages of all persons ex- cept apprentices, so engaged or discharged, not exceeding the sums specified in that behalf in Table “E” in the Schedule annexed to this Title. These provisions were rendered inoperative by the abolition of the collection of such fees by the Shipping Act of June 19, 1886, c. 421, § 1 (§ 8138). § 8378. Limit of compensation—In no case shall the salary, fees, and emoluments of any officer ai)- pointed under this Title be more than five thousand dollars per annum ; and any additional fees shall be paid into the Treasury of the United States. (R. S. § 4594.) § 8379. Taking unlawful fees—Every shipping- Commissioner, and every clerk or employé in any shipping-Office, Who demands or receives any remuner- ation whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant-vessels, excepting the lawful fees payable under this Title, # 8380 (Tit. 53 MERCHANT SEAMEN [Page 1320] shall, for every such offense, be liable to a penalty of not more than two hundred dollars. (R. S. § 4595.) Chapter Seven—Offenses and Punish- Inents Sec. - 8330. Various offenses; penalties. 8381. Entry of offense in log book. 8382. Consular officers to discountenance insubordination; pro- ceedings where officers or seamen accused. 8382a. Termination of treaty provisions for arrest and impris- onment of deserters; notices. 8382b. Same; to be of no force on expiration, after notice, of period for termination; R. S. § 5280, and R. S. § 4081, in part, repealed. 8382c. Times of taking effect of provisions of act. 8383. Drunkenness or neglect of duty. 8384. Forfeitures; enforcement. 8385. Same; disposal of. 8386. Appropriation of wages to costs of conviction. 8387. Boarding vessels before arrival. 8388. Soliciting seamen as lodgers. 8389. Carrying sheath-knives. 8390. Recovery of penalties and forfeitures. 8391. Corporal punishment. 8392. Definitions, schedule, and tables. 8392a. Same; amendment; increase of Water and butter. § 8380. Various offenses; penalties—Whenever any seaman who has been lawfully engaged Or any apprentice to the sea service commits any of the fol- lowing offenses, he shall be punished as follows: First. For desertion, by forfeiture of all Or any part of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned. - Second. For neglecting or refusing without reason- able cause to join his vessel or to proceed to Sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel’s sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time Without leave and Without Sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than two days’ pay or sufficient to defray any expenses which £ shall have been properly incurred in hiring a sub- Stitute. Third. For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month’s pay. Fourth. For willful disobedience to any lawful Com- mand at sea, by being, at the option of the master, placed in irons until such disobedience shall cease, and upon arrival in port by forfeiture from his wages of not more than four days’ pay, or, at the discretion of the court, by imprisonment for not more than one month. Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea, by being, at the Option of the master, placed in irons, on bread and water, with full rations every fifth day, until Such disobedience shall cease, and Upon arrival in port by forfeiture, for every twenty-four hours' continuance of such disobedience or neglect, of a sum of not more than twelve days’ pay, or by imprison- Iment for not more than three months, at the discre- tion of the Court. - - Sixth. For assaulting any master or mate, by im- prisonment for not more than two years. Seventh. For willfully damaging the vessel, or em- bezzling or willfully damaging any of the stores or Cargo, by forfeiture Out of his wages of a Sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not In Ore than twelve months. Eighth. For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master Or Owner Such a sum as is Sufficient to reim- burse the master Or owner for such loss or damage, and the whole or any part of his wages may be re- tained in Satisfaction Or on account of such liability, and he shall be liable to imprisonment for a period of not more than twelve months. (R. S. § 4596, amended, Dec. 21, 1898, c. 28, § 19, 30 Stat. 760, and March 4, 1915, c. 153, § 7, 38 Stat. 1166.) See § 3905. - § 8381. Entry of offense in log book—Upon the Commission of any of the Offenses enumerated in the preceding section an entry thereof shall be made in the Official log book on the day on which the Offense was committed, and shall be signed by the master and by the mate Or One of the crew ; and the Of- fender, if still in the vessel, shall, before her next arrival at any port, Or, if she is at the time in port, before her departure therefrom, be furnished with a COpy Of Such entry, and have the same read Over distinctly and audibly to him, and may thereupon make such a reply thereto as he thinks, fit; and a Statement that a copy of the entry has been so fur- nished, Or the same has been so read over, together With his reply, if any, made by the offender, shall likewise be entered and signed in the same manner. In any Subsequent legal proceedings the entries here- inbefore required shall, if practicable, be produced Or proved, and in default of such production or proof the court hearing the case may, at its discretion, re- fuse to receive evidence of the offense. (R. S. § 4597, amended, Dec. 21, 1898, c. 28, § 20, 30 Stat. 761.) (R. S. §§ 4598, 4599. Repealed.) R. S. § 4598, provided for the apprehension of deserters upon a justice’s warrant. R. S. § 4599 permitted the ar- rest of deserting seamen without a warrant in certain Cases. Both these sections were repealed by Act Dec. 21, 1898, c. 28, § 25, 30 Stat. 764. - § 8382. Consular officers to discountenance in- subordination; proceedings where officers or sea- men accused—It shall be the duty of all consular offi- cers to discountenance insubordination by every . means in their power and, where the local authori- ties can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where sea- men or officers are accused, the consular officer shall inquire into the facts and proceed as provided in sec- tion forty-five hundred and eighty-three of the Re- Vised Statutes; and the Officer discharging Such sea- man shall enter upon the Crew list and shipping ar- ticles and Official log the cause of such discharge and the particulars in which the Cruel Or unusual treat- ment consisted and Subscribe his name thereto Offi- cially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and Subscribed in the same man- ner. (R. S. § 4600, amended, June 26, 1884, c. 121, § 6, 23 Stat. 55, Dec. 21, 1898, c. 28, § 21, 30 Stat. 761, March 4, 1915, c. 153, § 8, 38 Stat. 1167.) R. S. § 4583, is § 8374. See § 3194. § 8382a. Termination of treaty provisions for arrest and imprisonment of deserters: notices- In the judgment of Congress articles in treaties and conventions of the United States, in so far as they provide for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of the United States in foreign Countries, and for the arrest and imprisonment Of officers and Seamen deserting Or charged With deser- tion from merchant vessels of foreign nations in the United States and the Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such ar- rest or imprisonment and any other treaty provision in conflict with the provisions of this Act, ought to be terminated, and to this end the President be, and he is hereby, requested and directed, within ninety days after the passage of this Act, to give notice to the several Governments, respectively, that so much as hereinbefore described of all such treaties and Ch. 6) 2 8389 MERCHANT SEAMEN [Page 1321] conventions between the United States and foreign Governments will terminate on the expiration Of Such periods after notices have been given as may be re- Quired in such treaties and conventions. (March 4, 1915, c. 153, § 16, 38 Stat. 1184.) - § 8382b. Same; to be of no force on expira- tion, after notice, of period for termination; R. S. § 5280, and R. S. § 4081, in part, repealed— Upon the expiration after notice of the periods re- quired, respectively, by said treaties and conventions and of One year in the case of the independent State Of the Kongo, so much as hereinbefore described in each and every One Of Said articles shall be deemed and held to have expired and to be of no force and effect, and thereupon section fifty-two hundred and eighty and so much of section four thousand and eighty-one of the Revised Statutes as relates to the arrest Or imprisonment of Officers and Seamen de- Serting or charged with desertion from merchant ves- Sels of foreign nations in the United States and Ter- ritories and possessions thereof, and for the coopera- tion, aid, and protection of competent legal authori- ties in effecting such arrest or imprisonment, shall be, and is hereby, repealed. 17, 38 Stat. 1184.) R. S. §§ 4081, 5280, is §§ 7631, 10129. (March 4, 1915, c. 153, § $ 8382c. Times—of-taking—effect-of-provisions- of act—This Act shall take effect as to all vessels of the United States, eight months after its passage, and as to foreign vessels twelve months after its passage, eXcept that such parts hereof as are in conflict with articles of any treaty or convention with any foreign nation shall take effect as regards the vessels of such foreign nation on the expiration of the period fixed in the notice of abrogation of the said articles as provided in section sixteen of this Act. (March 4, 1915, c. 153, § 18, 38 Stat. 1185.) (R. S. § 4601. Repealed.) This section provided that every person who should knowingly harbor or secrete any seaman belonging to any vessel should be liable to pay ten dollars for every day during which he should so secrete such seaman. It was repealed by Act IDec. 21, 1898, c. 28, § 25, 30 Stat. 764. § 8383. Drunkenness or neglect of duty—Any master of, or any seaman or apprentice belonging to, any merchant-vessel, who, by willful breach of duty, Or by reason of drunkenness, does any act tending to the immediate loss Or destruction of, or serious dam- age to such vessel, or tending immediately to endan- ger the life or limb of any person belonging to or on board of such vessel; or who, by willful breach of duty Or by neglect of duty Or by reason of drunken- ness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ves- Sel from immediate loss, destruction, or serious dam- age, Or for preserving any person belonging to or on board Of Such ship from immediate danger to life or limb, Shall, for every such offense, be deemed guilty Of a misdemeanor, punishable by imprisonment for not more than twelve months. (R. S. § 4602.) See § 82.93. § 8384. Forfeitures; enforcement—Any ques- tion Concerning the forfeiture of, or deductions from, the Wages of any Seaman or apprentice, may be deter- mined in any proceeding lawfully instituted with re- Spect to such wages, notwithstanding the Offense in respect of which such question arises, though hereby made punishable by imprisonment as well as forfei- ture, has not been made the Subject of any criminal proceeding. (R. S. § 4603.) § 8385. Same; disposal of.-All clothes, effects, and wages which, under the provisions of this Title, are forfeited for desertion, shall he applied, in the first instance, in payment Of the expenses OCCaSiOned by Such desertion, to the master or owner of the ves- Sel from which the desertion has taken place, and the balance, if any, shall be paid by the master or OWner to any shipping-commissioner resident at the port at which the voyage of Such vessel terminates ; and the Shipping-commissioner shall account for and pay over such balance to the judge of the circuit Court within one month after the commissioner re- ceives the same, to be disposed of by him in the same manner as is prescribed for the disposal of the money, effects, and wages of deceased seamen. Whenever any master or Owner neglects or refuses to pay Over to the shipping-commissioner such balance, he shall be lia- ble to , a penalty of double the amount thereof, re- Coverable by the commissioner in the same manner that seamen’s wages are recovered. In all Other Cas- es of forfeiture of wages, the forfeiture shall be for the benefit Of the master Or Owner by whom the Wages are payable. (R. S. § 4604.) $ 8386. Appropriation of wages to costs of conviction—Whenever in any proceeding relating to Seamen’s wages it is shown that any seaman Or ap- prentice has, in the Course of the Voyage, been COn- victed of any offense by any competent tribunal, and rightfully punished therefor, by imprisonment or Oth- erwise, the court hearing the case may direct a part of the wages due to such seaman, not exceeding fif- teen dollars, to be applied in re-imbursing any COSłS properly incurred by the master in procuring Such conviction and punishment. (R. S. § 4605, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) - § 8387. Boarding vessels before arrival-EV- ery person who, not being in the United States service, and not being duly authorized by law for the pur- pose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, Without permission of the master, shall, for every Such Of- fense, be punishable by a fine of not more than two hundred dollars, and by imprisonment for not more than six months; and the master Of Such vessel may take any such person so going on board into Custody, and deliver him up forthwith to any constable Or police officer, to be by him taken before any justice of the peaſe, to be dealt with according to the provi- Sions of t'uis Title. (R. S. § 4606.) See § 3 8006-8009. § 838,8. Soliciting seamen as lodgers—If, with- in twenty-four hours after the arrival of any Vessel at any port in the United States, any perSon, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any ef- fects of any seaman, except under his personal direc- tion, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than fifty dollars, or by imprisonment for not more than three months. This section shall ap- ply to vessels of the United States engaged in the foreign trade and to foreign vessels. (R. S. § 4607, amended, April 13, 1904, c. 1252, § 1, 33 Stat. 174.) § 8389. Carrying sheath-knives—No Seaman in the merchant-service shall wear any sheath-knife on Shipboard. It shall be the duty of the Imaster of any vessel registered, enrolled, or licensed under the laws of the United States, and of the person entering into contract for the employment Of a Seaman upon any . such vessel, to inform every person offering to ship himself of the provisions of this section, and to re- quire his compliance therewith, under a penalty of fifty dollars for each Omission, to be sued for and re- Covered in the name Of the United States, under the direction of the Secretary of the Treasury; one half for the benefit of the informer, and the other half for the benefit Of the fund for the relief Of Sick and disabled seamen. (R. S. § 4608.) (R. S. § 4609. Hepealed.) This section provided a penalty for extortion for obtain- ing employment for seamen. It was repealed by Act Dee. 21, 1898, c. 28, § 25, 30 Stat. 764. 3 8390 (Tit. 53 MERCHANT SEAMEN IPage 1322] § 8390. Recovery of penalties and forfeitures —All penalties and forfeitures imposed by this Title, for the recovery whereof no specific mode is hereinbe- fore provided, may be recovered, with costs, in any cir- cuit court of the United States, at the suit of any dis- trict attorney of the United States, or at the suit of any perSon by information to any district attorney in any port of the United States, where or near to where the Offense is Committed or the Offender is found ; and if a conviction is had, and the sum imposed as a pen- alty by the court is not paid either immediately after the Conviction, or within such period as the court at the time of the conviction appoints, it shall be law- ful for the court to commit the Offender to prison, there to be imprisoned for the term hereinbefore pro- vided in case of such offense, the commitment to be terminable upon payment Of the amount and COsts; and all penalties and forfeitures mentioned in this Title for which no special application is provided, shall, when recovered, be paid and applied in manner following: So much as the court shall determine, and the residue shall be paid to the court and be remitted from time to time, by Order of the judge, to : the Treasury of the United States, and appropriated as provided for in Section forty-five hundred and for- ty-five: Provided always, That it shall be lawful for the court before which any proceeding shall be instituted for the recovery of any pecuniary penalty imposed by this act, to mitigate or reduce such penal- ty as to such court shall appear just and reasonable ; but no such penalty shall be reduced to less than One- third of its original amount: Provided also, That all proceedings so to be instituted shall be commenced within two years next after the commission of the offense, if the same shall have been committed at or beyond the Cape of Good Hope or Cape Horn, or with- in One year if committed elsewhere, or within two months after the return Of the Offender and the COm- plaining party to the United States; and there shall be no appeal from any decision of any of the circuit courts, unless the amount sued for exceeds the sum of five hundred dollars. (R. S. § 4610.) & § 8391. Corporal punishment—Flogging and all other forms of Corporal punishment are hereby prohib- ited on board of any vessel, and no form of corporal punishment on board of any vessel shall be deemed justifiable, and any master or other officer thereof who shall violate the aforesaid provisions of this sec- tion, or either thereof, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not less than three months nor more than two years. Whenever any officer other than the master of Such vessel shall violate any provision of this section, it shall be the duty of such master to Surrender such officer to the proper authorities as soon as practicable, provided he has actual knowledge of the misdemean- or, or Complaint thereof is made within three days after reaching port. Any failure on the part of such master to use due diligence to comply herewith, which failure shall result in the escape of such officer, shall render the master Or Vessel or the Owner of the Ves- sel liable in damages for such flogging or corporal punishment to the person illegally punished by such officer. (R. S. § 4611, amended, Dec. 21, 1898, c. 28, § 22, 30 Stat. 761, March 4, 1915, c. 153, § 9, 38 Stat. 1167.) See § 10464. $ 8392. Definitions, schedule, and tables—In the construction of this Title, every person having the command of any vessel belonging to any citizen Of the United States shall be deemed to be the “mas- ter” thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in any ca- pacity On board the same shall be deemed and taken to be a “Seaman ;” and the term “vessel” shall be un- derstood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable, and the term “Owner” shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong. SCHEDULE TABLE A. FORM OF ARTICLES OF AGREEMENT United States of America. (Date and place of first signature of agreement, in- Cluding name of shipping-office): - It is agreed between the master and seamen or mar- iners of the – —, Of which is at present master, or whoever shall go for master, now bOund from the port of 5 , to 3. , (here the voyage is to be described, and the places named at which the vessel is to touch, or if that Cannot be done, the general nature and probable length of the voyage is to be stated.) - And the Said Crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be Obedient to the lawful Commands of the Said master, or of any person who shall lawfully suc- ceed him, and of their superior officers in everything relating to the vessel, and the stores and cargo there- of, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said Crew, . as wages, the sums against their names respectively expressed, and to supply them with provisions a C- cording to the annexed scale. And it is hereby agreed that any embezzlement, or willful or negligent de- struction of any part of the vessel's Cargo Or Stores, shall be made good to the owner out of the Wages of the person guilty of the same ; and if any perSon en- ters himself as qualified for a duty which he proVes himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew Consid- ers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the Salme to the master or Officer in charge of the vessel, in a quiet and Orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be in- Serted to which the parties agree, and Which are not contrary to law). In witness whereof the said parties have subscribed their names hereto, On the days against their respec- tive signatures mentioned. Signed by , master, On the day. Of —, eighteen hundred and - l gº i tº- Q1) {ſ} # |f a 3. • 3 tº a *— . . 60 | co o * | * > 8–4 || C. º ºg | | | tº F-4 U2 -- cº 8 : --> || --> P. ºº ! dº | F Q) Qb --> Ps * QD # to C.E. , --> | c. * ;I | C. e * E- º GD |...” º, tº q) |: §: º: t º ‘E | St rº tº .2 g |E|3 Q} +-> . --> Ps o ||= 'º' ſº | H R |2|& R- C; • | tº gº. --> Cl) Gl) cº; "r 3 - || 3 |& £4–4 : | | 3 | F | 89 || 3 º Up 3 * g| 3 || 3 o|| 3 ||E O * º $– tº H C q} . -- .3 ° d, o 9 || 5 || Gö --> c. $– res: Gl) O : ; ; ; ; ; *- 3| 89 d g: ºf $2 E 4.5 | E § 3 e?--4 92 || 6 O | S. 5 | E | Pº 6 || 3 | n = |}}| - st-4 3 : ..? g q) "º + 3 + Q) U2 + 5. Sº E. º.º. → ç. º, Q2 ºr --> U2 E. 993; ºf H +3 cº -- & RS tº cº º o '7.3 O C Q- Q Pi— SCALE OF PROVISIONS TO BE ALLOWED AND SERVED OUT TO THE CREW DURING THE VOYAGE #| | e • ºf Pº P, * | *; * | 3 || 3 | < | 3 º rc; rt; g É cº $– 'E | 3 || 3 || 3 || E | E | E 5 || 3 || 3 | Sº || 3 || E | . - # | # É B: | #| | | | } Water ................ • Q & © tº e º º ...: 4 || 4 || 4 |4 || 4 |4 |4 Biscuit . . . . . . . . . . . . . . . . . . . . . . . pound... ſ. 34. Aſ $4| 4 || 4 || 4 | *% Beef, salt ...... .............pounds. . . . . . . . . . 1%|... [1%l: . . [1% Pork, salt ......... . . . .. . . . . . . pound. . . . . . ... 11 |... 1 | . . . Flour . . . . . . . . . . . . . . . . . . . . . . . . . pound... | }|...} %|...} % |...}... Canned meat ................. pound. . . . . . . . . 11 | . . . . . . . . . . . Fresh bread . . . . . . . . . . . . . . . . Ounds. . 1% pounds daily. Fish, dry, preserved, or fresh. . pound.. i" . . . . . . . . . . . . . . . [1 e Potatoes or yams. . . . . . . . . . . . . pound... | 1 || 1 || 1 |1 |1 |1 |1 Canned tomatoes ............ pound. . . $4 . . . . . . . . . . . . . . . . *%|.. Pease . . . . . . . . . . . . . . . . . . . . . . . . . . . pint. . . . . . . . . . ] }}|... [...] *%l... Beans . . . . . . . . . . . . . . . . . . . . . . . . . . . pint. . . . . . . 4% | . . . . 46 | . . . . . . . . . . . Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pint. . . . . . . /3] . . . . . . . . . . . . . . . | *% Coffee (green berry).......... ounce. . . $4 || $4 94 % | 34 94 | 84 Tea . . . . . . . . . . . . . . . . . . . . . . . . . . . . ounce. . . $4 | #| #| #| ##| #| }; Sugar . . . . . . . . . . . . . . . . . . . . . . . . ounces...| 3 || 3 || 3 ||3 |3 ||3 |3 Mola SSes ......... tº e > * > * * * * * * * * * * pint. . . /2] ... | *%|... | *%|... [... Dried fruit ....... * * * * * * * * * * * Ounces. . 3 e - & * - e. * * * | * * tº Pickles . . . . . . • e ºs e ºs e e º e º e s tº e a e e s e pint. . . . . . . 4. . . . . $4 . . . . .4|... Vinegar . . . . . . . . . . . e e e º e e e º e s s e s = pint. . . . . . . . . . . *%|... . . . . . . . . . $4. Corn meal . . . . . . . . . . . . • - © tº º e ºs Ounces. . . 4 . . . . . . . . . . . 14 | . . . . . . . Onions . . . . . . . . . . . . . . © e º e e º e º e ounces. . . 4 . . . . . . . 14 | . . . .4 Lard. . . . . . . . . . . . . . . . . . . . . . . . . . . Ounce. . . 1 l 1 || 1 || 1 || 1 || 1 Butter . . . . . . . . . . . . . . * * * * * * * * * * Ounce. . . 1 || 1 || 1 || 1 |1 |1 |1 Mustard, pepper, and salt suffi- cient for seasoning. SUBSTITUTES One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread; two ounces of desiccated vegetables for One pound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wheat, or two Ounces Of tapioca, for six Ounces Of rice; six ounces of Canned vegetables for One-half pound of canned tomatoes; one-eighth of an ounce of tea for three-fourths of an Ounce of Coffee; three-fourths of an Ounce of Coffee for One-eighth of an Ounce of tea; Six Ounces of Canned fruit for three Ounces Of dried fruit; one-half ounce of lime juice for the daily ra- tion of vinegar; four Ounces of Oatmeal or Cracked wheat for one-half pint of Corn meal; two ounces of pickled Onions for four ounces of fresh Onions. When the vessel is in port and it is possible to ob- tain the same, One and One-half pounds Of fresh meat shall be substituted for the daily rations of salt and Canned meat ; One-half pound of green cabbage for One ration of Canned tomatoes; one-half pound Of fresh fruit for One ration of dried fruit. Fresh fruit and vegetables shall be served while in port if Ob- tainable. The seamen shall have the Option of a C- cepting the fare the master may provide, but the right at any time to demand the foregoing scale of provi- SIOIAS. The foregoing scale of provisions shall be inserted in every article of agreement, and shall not be re- duced by any contract, except as above, and a copy of the same shall be posted in a conspicuous place in the galley and in the forecastle of each Vessel. TABLE B CERTIFICATE OF DISCHIARGE | Gl) 1 b0 Kl) É CS * .. P, . ... : p: § E 7. 9 q; '… d. e Q1) g a 3 bſ) § ‘52 : *- H Cú © .P. $—t § $–4 ‘E to --> o P, H .d º b0 § : I < à O ..? G º +. H C.) * Cº.) C ‘E b0 o, $2 || -- $- C --5 U2 tº rºd Q) gº Un º sp- - +-> à || 3 o # g Q} * | *r # § a a § $- ſº U2 cº --> cº Q gº | + | + | c.; º C C Qi.) º r- & º QX º cº CG | * Z. Q4 | H | C Z ſh: | C | O || C. Ö | Q || C | P- this I certify that the above particulars are correct, and that the above-named seaman was discharged a C- COrdingly. Dated — day of —, eighteen hundred and (signed) - , Master. (Countersigned) — , Seaman. Given to the above-named seaman in my presence day of —, eighteen hundred and (Signed) — —, Shipping-Commissioner. TABLE C FEES, (SEAMEN) Fee payable on engaging Crew, for each mem- ber of the Crew, (except apprentices). . . . . . . . . . . $2 00 Fee payable on discharging Crew, for each member of Crew discharged. . . . . . . . . . . . . . . . . . . 50 TABLE D FEES, (APPRENTICES) For each boy apprenticed to the merchant serv- ice, including the indenture. . . . . . . . . . . . . . . . . . . $500 TABLE E REDUCTION FROM WAGES OF SEAMEN In partial repayment of the fees payable in Table C, in respect of engagements, from the wages of each member Of the Crew, twenty-five Cents. In respect of discharges, from the wages of each member of the crew, twenty-five cents. (R. S. § 4612, amended, Dec. 21, 1898, c. 28, § 23, 30 Stat. 762.) In the Schedule annexed to this section, as enacted in the Revised Statutes, in Table A thereof the scale of pro- Visions and the substitutes to be allowed and served out to the Crew during the voyage were as follows: “Scale of Provisions to be Allowed and Served Out to the Crew During the Voyage. re; * - t; Gl) & ; 3 H ; #| || 3 || 3 || 3 || 3 | #| 3 | #| || 3 ºr | | | | | | E | | | 3 || 3 | # O || 7 || 3: 3 || 3 || 3 || 3 || || Pi— +-> O O | Cº Sunday ......... | 1 | 1%|. . . . . $4. º e e º e - - - - | % | }. 2 3 Monday . . . . . . . . . 1 | . . . . 1%. . . . . . /3 | . . . . . . . . . #3 1/2 || 2 || 3 Tuesday . . . . . . . . 1 | 1% . . . . . *% . . . . . . . . . . . . . . % 34 || 2 || 3 Wednesday . . . . . 1 |.... 1%|....] }} |....l....] }} } % | 2 || 3. Thursday ....... | 1 | 1% | . . . . . *% | . . . . . . . . . . . . . . % | }. 2 | 3. Friday . . . . . . . . . . 1 |.... 1%| . . . . . * | . . . . . . . . . #3 A || 2 || 3 Saturday . . . . . . . 1 | 1%l . . . . . . . . . |. . . . . . . . . . . . . . | #3 | *% || 2 || 3 O f “(Here any stipulation for changes, , or Substitution one article for another, may be inserted.) “Substitutes. “One ounce of coffee, or cocoa, or chocolate, may be substituted for one-quarter ounce of tea; molasses for sugar, the quantity to be one-half more; one pound of # 8392 (Tit. 53 MERCHANT SEAMEN [Page 1324] potatoes or yams, one-half pound flour or rice; one-third pint of pease or one-quarter pint of barley may be sub- stituted for each other. When fresh meat is issued, the proportion to be two pounds per man per day, in lieu of salt meat. I'lour, rice, and pease, beef and pork, may be substituted for each other, and, for potatoes, Onions may be substituted.” - See §§ 4461, 8138. § 8392a. Same; amendment; increase of wa- ter and butter—That section twenty-three of the Act entitled “An Act to amend the laws relating to Ameri- can seamen, for the protection of such seamen, and to promote Commerce,” approved December tWenty- first, eighteen hundred and ninety-eight, be, and is hereby, amended as regards the items of water and butter, so that in lieu of a daily requirement of four quarts of water there shall be a requirement of five quarts Of Water every day, and in lieu of a daily re- quirement Of One Ounce Of butter there shall be a re- quirement of two Ounces of butter every day. (March 4, 1915, c. 153, § 10, 38 Stat. 1168.) TITLE LIV—PRIZE Application of provisions of Title. 8394. ‘‘Vessels of the Navy” defined. 8395. Duties of commanding officer on capture. 8396. Distribution of proceeds among captors prohibited. 8397. Duties of prize-master. 8398. District attorney; libel and proceedings by. 8399. Same; duties. - 8400. Prize commissioners; appointment. 8401. Same; duties. Duties of marshal. Appraisal of property taken for Government. 8404. Proceedings for adjudication where property not sent in. Delivery of property on stipulation. Sale; when. Same; mode of making. 8408. Same; transfer to another district. 8409. Distribution of proceeds to captors. 8410. Vessels entitled to share. 84.11. Officers entitled to share. 84.12. Determination . Of shares. & 8413. Appeals and amendments in prize-cases. Powers of district court after appeal. . Security for costs. Costs and expenses. - Payment of expenses from prize-fund. Payment of prize-money. 84.19. Distribution of bounty and salvage. 8420. Accounts of clerks of district courts. 8421. Allowances and commissions to marshals. 8422. District attorney and prize-commissioners’ Compensa- tion. - 8423. Same; accounts. 8424. Commissions of auctioneers. 8425. Payment of witness fees. 8426. Recaptures. § 8393. Application of provisions of Title- The provisions of this Title shall apply to all cap- tures made as prize by authority of the United States, or adopted and ratified by the President of the United States. (R. S. § 4613.) - § 8394. “Vessels of the Navy” defined—The term “vessels of the Navy,” as used in this Title, shall include all armed vessels officered and manned by the United States, and under the control of the Depart- ment of the Navy. (R. S. § 4614.) - § 8395. Duties of commanding officer on cap- ture—The Commanding Officer of any vessel making a capture shall secure the documents of the ship and cargé), including the log-book, with all other documents, letters, and other papers found on board, and make an inventory, of the same, and Seal them up and send them, with the inventory, to the court in which pro- ceedings are to be had, with a written statement that they are all the papers found, and are in the Condi- tion in which they were found; or explaining the ab- sence of any documents or papers, Or any Change in their condition. He shall also send to Such COUrt, as witnesses, the master, One or more Of the Other Of- ficers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national character, or destination of the prize. He shall send the prize, with the documents, papers, and witnesses, under charge of a competent prize-master and prize-crew, into port for adjudica- tion, explaining the absence of any usual witnesses; and in the absence of instructions from Superior au- thority as to the port to which it shall be sent, he shall select Such port as he shall deem most con- venient, in view of the interests of probable claim- ants, as well as of the captors. If the captured ves- sel, or any part of the captured property, is not in condition to be sent in for adjudication, a Survey shall be had thereon and an appraisement made by perSOnS as competent and impartial as can be obtained, and their reports shall be sent to the Court in Which pro- ceedings are to be had ; and such property, unless appropriated for the use of the Government, Shall be sold by the authority of the commanding Officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject to its order in the cause. (R. S. § 4615.) See §§ 8040–8045, 10419–10440. $ 8396. Distribution of proceeds among cap- tors prohibited—All provisions of law authorizing the distribution among captors of the whole Or any portion of the proceeds of vessels, or any property hereafter captured, Condemned as prize, Or providing for the payment of bounty for the sinking or destruc- tion of vessels of the enemy hereafter Occurring in time of war, are hereby repealed. (March 3, 1899, C. 413, § 13, 30 Stat. 1007.) This section supersedes all of the provisions of this Title in any way relating to the distribution of the pro- ceeds of prizes among captors. Such sections as relate *ś such distribution are omitted, except as Saved by § & (R. S. § 4616. Superseded.) This section provided that the commanding officer of any vessel claiming to share in a prize should make a Writ- ten statement of such claim, with the grounds on Which it was founded, to be signed by him and sent to the court in which proceedings should be had. It was superseded by § 8396. * § 8397. Duties of prize-master—The prize-mas- ter shall make his way diligently to the selected port, and there immediately deliver to a prize-commission- er the documents and papers, and the inventory there- of, and make affidavit that they are the Same, and are in the same condition as delivered to him, or ex- plaining any absence or change of Condition therein, and that the prize-property is in the same Condition as delivered to him, or explaining any loss or dam- age thereto; and he shall further report to the dis- trict attorney and give to him all the information in his possession respecting the prize and her capture; and he shall deliver over the persons Sent as Wit- nesses to the custody of the marshal, and Shall re- tain the prize in his custody until it shall be taken therefrom by process from the prize-court. (R. S. § 4617.) See § 10202. - - § 8398. District Attorney; libel and proceed- ings by—Upon receiving the report of the prize-mas- ter directed by the preceding section, the attorney of the United States for the district shall immediately file a libel against such prize property, and shall forthwith obtain a warrant from the court, direct. ing the marshal to take it into his custody, and Shall proceed diligently to obtain a condemnation and dis- tribution thereof; and to that end shall see that the proper preparatory evidence is taken by the prize- commissioners, and that the prize-Commissioners also take the depositions de bene esse of the prize-Crew, and of other transient persons cognizant of any facts Tit. 54) 3 8405 PRIZE IPage 1325|| bearing on condemnation or distribution. (R. S. § 4618.) § 8399. Same; duties—The district attorneys Of the Several judicial districts shall represent the in- terests of the United States in all prize-Causes, and shall not act as separate Counsel for the Captors On any private retainer or compensation from them, un- leSS in a question between the claimantS and the Cap- tors, On a delmand for damages. They shall examine all fees, Costs, and expenses, sought to be Charged On any prize-fund, and protect the interest of the captors and of the United States. The district at- torneys of all districts in which any prize-causes are Or may be pending shall, as Often as Once in three months, send to the Secretary of the Navy a statement Of the Condition of all prize-causes pending in their districts in such form and embracing such particulars as the Secretary of the Navy shall require. (R. S. § 4619.) See § 8396 and note. (R. S. § 4620. Repealed.) This section provided for the employment of special coun- sel for captors by the Secretary of the Navy. It Was struck out by the amendatory Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252. § 8400. Prize commissioners; appointment- Any district court may appoint prize-Commissioners, not exceeding three in number; of whom One shall be a retired naval Officer, approved by the Secretary of the Navy, who shall receive no other compensation than his pay in the Navy, and who shall protect the interests of the captors and of the Department Of the Navy in the prize-property; and at least One Of the others shall be a member of the bar of the Court, Of not less than three years' standing, and acquainted with the taking of depositions. (R. S. § 4621.) § 8401. Same; duties—The prize-commissioners, or One of them, shall receive from the prize-master the documents and papers, and inventory thereof, and shall take the affidavit of the prize-master required by section forty-six hundred and seventeen, and shall forthwith take the testimony of the witnesses Sent in, separate from each other, on interrogatories prescrib- ed by the court, in the manner usual in prize-Courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, Or to COnSult with counsel, or with any persons interested, without special authority from the court; and witnesses who have the rights of neutrals shall be discharged as SOOn as practicable. The prize-commissioners shall also take depositions de bene esse of the prize-Crew and others, at the request of the district attorney, on in- terrogatories prescribed by the court. They shall also, as soon as any prize-property Comes Within the dis- trict for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination Or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to un- lade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may re- quire any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers Which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize-proper- ty; and if the captured vessel, or any of its cargo or stores, are Such as in their judgment may be useful to the United States in War, they shall report the same to the Secretary of the Navy. (R. S. § 4622.) See § 10202. § 8402. Duties of marshal—The marshal shall safely keep all prize-property under warrant from the court, and shall report to the court any Cargo or other property that he thinks requires to be unladen and Stored, Or to be sold. He shall insure prize-property, if in his judgment it is for the interest of all concerned. . He shall keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prize-Commissioners Or the court. If a Sale of property is ordered, he shall sell the same in the manner required by the court, and collect the pur- Chase-money, and forthwith deposit the gross proceeds Of the Sales with the assistant treasurer of the Unit- ed States nearest the place of sale, subject to the order Of the Court in the particular cause; and each mar- shal shall forward to the Secretary of the Navy, Whenever and as 'often as the Secretary of the Navy may require it, a full statement Of the condition of § prize and Of the disposal made thereof. (R. S. § 23.) § 8403. Appraisal of property taken for Gov- errument—Whenever any captured vessel, arms, mu- nitions, or other material are taken for the use of the United States before it comes into the custody Of the prize Court, it shall be surveyed, appraised, and in- Ventoried, by persons as competent and impartial as can be obtained, and the survey, appraisement, and in- Ventory shall be sent to the court in which proceed- ings are to be had; and if taken afterward, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights Of the Claimants and Captors. In all Cases of prize- property taken for or appropriated to the use of the GOVernment, the Department for Whose use it is taken Or appropriated shall deposit the value thereof With the assistant treasurer of the United States nearest to the place of the session of the court, subject to the Order of the court in the cause. (R. S. § 4624.) § 8404. Proceedings for adjudication where property not sent in—If by reason of the condition Of the Captured property, or if because the whole has been appropriated to the use of the United States, no part of it has been or can be sent in for adjudication, Or if the property has been entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate; and in any such case the proceeds of anything sold, or the value of anything taken or appropriated for the use of the United States, shall be deposited with the assistant treasurer in or nearest to that district, sub- ject to the Order of the court in the cause. If, when no property can be sent in for adjudication, the Sec- retary of the Navy shall not, within three months aft- er any Capture, designate a district for the institution of proceedings, the captors may institute proceedings for adjudication in any district. And if in any case Of Capture no proceedings for adjudication are com- menced within a reasonable time, any parties claim- ing the captured property may, in any district court as a COurt of prize, move for a monition to show cause Why such proceedings shall not be commenced, or in- stitute an original suit in such court for restitution, and the monition issued in either case shall be serv- ed. On the attorney Of the United States for the dis- trict, and On the Secretary Of the Navy, as well as on Such Other perSOnS as the COurt Shall Order to be noti- fied. (R. S. § 4625.) $ 8405. Delivery of property on stipulation— NO prize-property Shall be delivered to the claimants on stipulation, deposit, or other security, except where there has been a decree of restitution and the captors have appealed therefrom, or where the court, after a full hearing On the preparatory proofs, has refused to condemn the property on those proofs, and has given the captors leave to take further proofs, or where the claimant of any property shall satisfy the court that the same has a peculiar and intrinsic value to him, independent Of its market-value. In any of these cases, the Court may deliver the property on stipula- tion or deposit Of its value, if satisfied that the rights and interests of the United States and captors, or of 3 8406 (Tit. 54 PRIZE [Page 13261 other claimants, will not be prejudiced thereby; but a satisfactory appraisement shall be first made, and an opportunity given to the district attorney and naval prize-bommissioner to be heard as to the ap- pointment of appraisers. Any money deposited in lieu of stipulation, and all money collected on a stipula- tion, not being costs, shall be deposited with the assis- tant treasurer, in the same manner as proceeds of 3. sale. (R. S. § 4626.) - . . § 8406. Sale; when—Whenever any prize-proper- ty is condemned, or at any stage of the proceedings is found by the court to be perishing, perishable, or lia- ble to deteriorate or depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court shall Order a sale of Such property; whenever, after the return-day on the libel, all the parties in interest who have appeared in the cause agree thereto, the COurt may make such order; and no appeal shall Operate to prevent the making or execu- tion of such order. (R. S. § 4627.) - § 8407. Same; mode of making—Upon a sale of any prize-property by order of the court, the Secretary Of the Navy shall employ an auctioneer of known skill in the branch of business to which any sale pertains, to make the sale, but the sale shall be conducted under the Supervision of the marshal, and the Collecting and depositing of the gross proceeds shall be by the auc- tioneer or his agent. Before any Sale the marshal shall Cause full Catalogues and schedules to be pre- pared and Circulated, and a copy of each shall be re- turned by the marshal to the court in each cause. . The marshal shall cause all sales to be advertised fully and conspicuously in newspapers ordered by the court, and by posters, and he shall, at least five days before the Sale, Serve notice thereof upon the naval prize-Com- missioner, and the goods shall be Open to inspection at least three days before the sale. (R. S. § 4628.) § 8408. Same; transfer to another district— Whenever it appears to the court, in the case of any prize-property ordered to be sold, that it will be for the interest of all parties to have it sold in another district, the court may direct the marshal to transfer the same to the district selected by the court for the Sale, and to insure the same, with proper orders as to the time and manner of selling the same. It shall be the duty of the marshal so to transfer the property, and l&eep and sell the same in like manner as if the property Were in his own district; and he shall depos- it the gross proceeds of the sale with the assistant treasurer nearest to the place of sale, Subject to the Order of the court in which the adjudication thereon is pending. The necessary expenses attending the in- Suring, transferring, receiving, keeping, and selling the property shall be a charge upon it and upon the pro- ceeds thereof; and whenever any such expense is paid in advance by the marshal, and he is not repaid from the proceeds, any amount not so repaid shall be al- lowed to him, as in case of expenses incurred in suits in which the United States is a party. The Secretary of the Navy may, in like manner, either by a general regulation or by special direction in any cause, re- Quire a marshal to transfer any prize-property from the district in which the judicial proceedings are pending, to any other district for sale; and the same proceedings shall be had as if such transfer had been made by order of the court. (R. S. § 4629.) See § 10202. . - (R. S. § 4630. Superseded.) - This section provided that the net proceeds of property Condemned as prize should be decreed to the captors when the prize was of superior or equal force, and when of in- ferior force, one half to the United States and the other half to the captors, except that in cases of privateers and letters of marque the whole should be decreed to captors. It was superseded by § 8396. § 8409. Distribution of proceeds to captors— All prize-money adjudged to the captors shall be dis- tributed in the following proportions: First. To the commanding officer of a fleet or Squadron, one-twentieth part of all, prize money and awarded to any vessel or vessels under his immediate COmmand. - . Second. To the commanding officer of a division of a fleet or squadron, on duty under the orders of the commander-in-chief of such fleet or squadron, a sum equal to one-fiftieth part of any prize-money awarded to a vessel of such division for a capture made while under his command, such fiftieth part to be deducted from the moiety due to the United States, if there be Such moiety, Otherwise from the amount awarded to the captors; but such fiftieth part shall not be in ad- dition to any share which may be due to the com- mander of the division, and which he may elect to re- ceive, as commander of a single ship making or as- Sisting in the capture. Third. To the fleet-captain, one-hundredth part of all prize-money awarded to any vessel or vessels of the fleet or squadron in which he is serving, except in a case where the capture is made by the vessel on board of which he is Serving at the time of such cap- ture; and in such case he shall share, in proportion to his pay, with the other officers and men on board such vessel. - v. Fourth. To the commander of a single vessel, one- tenth part of all the prize-money awarded to the ves- Sel under his Command, if such vessel at the time Of the capture was under the command of the command- ing officer of a fleet or squadron, or a division, and three-twentieths if his vessel was acting independently of such superior officer. . - Fifth. After the foregoing deductions, the residue shall be distributed and proportioned among all others doing duty on board, including the fleet-captain, and borne upon the books of the ship, in proportion to their respective rates of pay in the service. (R. S. § 4631.) See § 8396 and note. - § 8410. Vessels entitled to share—All vessels of the Navy within signal-distance of the vessel or Ves- sels making the Capture, under . Such circumstances and in Such condition as to be able to render effective aid, if required, shall share in the prize; and in case Of vessels not in the Navy, none shall be entitled to share except the vessel or vessels making the capture; in which term shall be included vessels present at and rendering actual assistance in the capture. (R. S. § 4632.) - See § 8396 and note. § 8411. Officers entitled to share—No command- ing Officer of a fleet Or Squadron shall be entitled to receive any share of prizes captured by any vessel or vessels not under his command, nor of such prizes as may have been captured by any vessels intended to be placed under his command, before they have acted un- der his Orders. Nor shall the Commanding Officer of a fleet or squadron, leaving the station where he had command, have any share in the prizes taken by ships left on such station after he has gone Out of the limits Of his command, nor after he has transferred his Com- mand to his successor. No officer or other person who shall have been temporarily absent on duty from a vessel. On the books of which he continued to be borne, While SO absent, shall be deprived, in consequence of such absence, of any prize-money to which he would otherwise be entitled. And he shall continue to share in the captures of the vessels to which he is attached, until regularly discharged therefrom. (R. S. § 4633.) See § 8396 and note. § 84.12. Determination of shares—Whenever a decree of Condemnation is rendered, the Court shall consider the claims Of all vessels to participate in the proceeds, and for that purpose shall, at as early a stage of the cause as possible, order testimony to be taken tending to show what part should be awarded to the captors, and what vessels are entitled to share; and such testimony may be SWOrn to be before any judge or commissioner of the courts of the United States, consul or commercial agent of the United States, or notary public, or any officer of the Navy highest in rank, reasonably accessible to the deponent. Tit. 54) & 8422 PRIZE e IPage 1327] The court shall make a decree of distribution, deter- mining what vessels are entitled to share in the prize, and Whether the prize was of superior, equal, or in- ferior force to the vessel or vessels making the Cap- ture. The decree shall recite the amount of the gross proceeds of the prize subject to the Order of the court, and the amount deducted therefrom for costs and ex- penses, and the amount remaining for distribution, and Whether the whole of such residue is to go to the Captors, Or one-half to the captors, and one-half to the United States. (R. S. § 4634.) See § 8396 and note. (R. S. § 4635. Repealed.) This section provided for a bounty for each person on board any vessel of war belonging to an enemy, destroyed by a vessel belonging to the United States, to be divided #"s; same manner as prize money. It was repealed by $ 84.13. Appeals and armendments in prize- cases—The Supreme Court may, if, in its judgment, the purposes of justice require it, allow any amend- ment, either in form or substance, of any appeal in prize Cases, or allow a prize appeal therein, if it ap- pears that any notice of appeal or of intention to ap- peal was filed with the clerk of the district Court within thirty days next after the rendition of the final decree therein. (R. S. § 4636.) See §§ 1215, 1227, 1650. $ 8414. Powers of district court after appeal —Notwithstanding any appeal to the Supreme Court, the district Court may make and execute all necessary Orders for the custody and disposal Of the prize-prop- erty; and in case of appeal from a decree Of con- demnation, may still proceed to make a decree of dis- tribution SO far as to determine what share Of the prize shall go to the captors, and what vessels are entitled to participate therein. (R. S. § 4637.) See § 8396 and note. And see § 1667. § 8415. Security for costs—The Court may require any party, at any stage of the Cause, and on claiming an appeal, to give security for costs. (R. S. § 4638.) § 84.16. Costs and expenses—All costs and all expenses incident to the bringing in, custody, preser- vation, insurance, sale, or other disposal of prize- property, when allowed by the Court, shall be a charge upon such property, and shall be paid from the pro- ceeds thereof, unless the court shall decree restitu- tion free from such charge. (R. S. § 4639.) § 8417. Payment of expenses from prize-fund —No payments shall be made for any prize-fund, ex- cept upon the Order of the Court. All charges for Work and labor, materials furnished, or money paid, shall be supported by affidavit or vouchers. The Court may, at any time, Order the payment, from the deposit made with the assistant treasurer in the Cause, Of any COsts or charges accrued and allowed. When the Cause is finally disposed of, the Court shall make its Order Or Orders on the assistant treasurer to pay the COStS and charges allowed and unpaid ; and in case the final decree shall be for restitution, Or in Case there shall be no money subject to the Order Of the COurt in the cause, any costs or charges allowed by the court, and not paid by the claimants, shall be a charge upon, and be paid out of, the fund for defraying the expenses of suits in which the United States is a party or in- terested. (R. S. § 4640.) $ 84.18. Payment of prize-money—The net amount decreed for distribution to the United States, or, to vessels of the Navy, shall be ordered by the Court to be paid into the Treasury of the United States, to be distributed according to the decree of the Court. The Treasury Department shall Credit the Navy Department with each amount received to be distributed to vessels of the Navy ; and the persons entitled to share therein shall be severally credited in their acCOunts with the Navy Department with the amounts to which they are respectively entitled. In case of Vessels not of the Navy, and not controlled by any Department Of the Government, the distribu- tion shall be made by the court to the several parties entitled thereto, and the amounts decreed to them shall be divided between the owners and the ship's Company, according to any written agreement between them, and in the absence of such agreement, one-half to the OWIlers and One-half to the ship's company, ac- COrding to their respective rates of pay on board; and the Court may appoint a commissioner to make such distribution, subject to the control of the court, who shall make due return of his doings, with proof of ac- tual payments by him, and who shall receive no other compensation, directly or indirectly, than such as shall be allowed him by the Court. In Case of ves- Sels not Of the Navy, but controlled by either Execu- tive Department, the whole amount decreed to the Captors shall be divided among the ship's company. (R. S. § 4641.) See § 8396 and note. § 84.19. Distribution of bounty and salvage— All ransom-money, Salvage, bounty, or proceeds of Condemned property, accruing or awarded to any ves- sel Of the Navy, shall be distributed and paid to the Officers and men entitled thereto in the same manner as prize-money under the direction of the Secretary of the Navy. (R. S. § 4642.) See § 8396 and note. (R. S. § 4.643. Superseded.) This section provided that an assignment of prize or bounty money should be void unless attested by the cap- tain, or other—commanding—officer, and —the paymaster. It was superseded by § 8396. § 8420. Accounts of clerks of district courts- The clerk of each district court shall render, to the Secretary of the Treasury and the Secretary of the Navy, a semi-annual statement of all the sums allow- ed by the court, and ordered to be paid, within the previous half-year, to the district attorney and prize- commissioners for services, and to marshals for fees and commissions; and he shall, in all prize-causes in the district, for the purpose of the final decree of dis- tribution, ascertain and keep an account of the amount doposited with the assistant treasurer, Subject to the order of the court, in each prize-cause, and the amounts ordered to be paid therefrom as COsts and charges, and the residue for distribution ; and shall send copies of all final decrees of distribution to the Secretary of the Treasury and the Secretary of the Navy; and shall draw the orders of the Court for the payment of all costs and allowances, and for the dis- tribution of the residue. For these services he shall be entitled to receive the sum of twenty-five dollars in each prize-cause, which shall be in full for the services required by this action. (R. S. § 4644.) $ 842.É. Allowances and commissions to mar- shals—The marshal shall be allowed his actual and necessary expenses for the Custody, care, preservation, insurance, sale, or other disposal of the prize-property, and for executing any order of the court respecting the same, and shall have a commission of one-quarter Of One per Centum On Vessels, and Of One-half of One per Centum On all other prize-property, Calculated on the gross proceeds of each sale ; and if, after he has had any prize-property in his Custody, and has actu- ally performed labor and incurred responsibility for the Care and preservation thereof, the same is taken by the United States for its own use without a sale, or if it is delivered on stipulation to the claimants, he shall, in Case the Same iS COndemned, be entitled to one-half the above Commissions on the amount depos- ited by the United States to the order of the courts, or collected upon the stipulation. No charges of the marshal for expenses Or disbursoments shall be allow- ed, except upon his Oath that the same have been ac- tually and necessarily incurred for the purpose stated. (R. S. § 4645.) § 8422. District attorney and prize-commis- sioners’ compensation—The district attorney and prize-commissioners, except the naval officer, shall be allowed a just and suitable compensation for their respective services in each prize-cause, to be adjusted and determined by the court, and to be paid as costs in the cause. (R. S. § 4646.) & 8423 g (Tit. 54 PRIZE [Page 1328] - § 8423. Same; accounts—Each district attorney and prize-commissioner, except the naval officer, shall render to the Attorney-General an annual account of all sums he shall have received for all services in prize-causes within the previous year; and the dis- trict attorney shall be allowed to retain therefrom a Sum not exceeding three thousand dollars a year, in addition to the maximum compensation allowed to be retained by him ; under the provisions of Title. XIII, “The Judiciary,” or in addition to any salary he may receive in lieu of Such maximum compensation; and each Such prize-Commissioner shall he allowed to re- tain a Sum not exceeding three thousand dollars a year, which shall be in full for all his official servic- es in prize-causes; and any excess over those respec- tive amounts shall be paid by the officer receiving the same into the Treasury of the United States, and shall be credited to the fund for paying naval pensions. (R. S. § 4647.) See §§ 824–827. - - (R. S. §§ 4648, 4649. Superseded.) These sections provided for compensation to special coun- sel appointed by an Executive lijepartment or by captors to represent interests adverse to the United States, or in- terests otherwise proper, in opinion of the court, to be so represented, or in conflicting claims to participation in the distribution. They are rendered inoperative by the re- peal, by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, of R. S. § 4620, which provided for the appointment of special coun- sel for captors, and by the abolition of distribution of prize-money and bounty, by provisions of Act March 3, 1899, c. 413, § 13 (§ 8396). . $ 8424. Commissions of auctioneers—The auc- tioneers employed to make sales of prize-property shall be entitled to receive commissions by a scale to be es- tablished by the Secretary of the Navy, not to ex- ceed, in any case, one-half of one per centum on any sum exceeding ten thousand dollars on vessels, nor One per Centurn on that sum On other prize-property, which shall be in full for expenses, as well as for Services; and in case no such scale shall be estab- lished, they shall be entitled to receive such compen- sation as the Court shall deem just under the circum- stances of each case. (R. S. § 4.650.) § 8425. Payment of witness fees—Whenever the court shall allow fees to any witness in a prize-cause, or fees for taking evidence out of the district in Which the court sits, and there is no money subject to its order in the cause, the same shall be paid by the mar- shal, and shall be repaid to him from any money de- posited to the Order of the Court in the Cause; and any amount not so repaid the marshal shall be allow- ed as witness-fees paid by him in cases in which the TJnited States is a party. (R. S. § 4651.) $ 8426. Recaptures—When any vessel or other property shall have been captured by any force hos- tile to the United States, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its recapture, by any competent authority, the Court shall award a meet and Competent sum as Salvage, a CCOrding to the circumstances of each case. If the captured proper- ty belonged to the United States, it shall be restored to the United States, and there shall be paid from the Treasury of the United States the salvage, costs, and expenses Ordered by the court. If the recaptured property belonged to persons residing within or un- der the protection of the United States, the court . shall adjudge the property to be restored to its own- ers, upon their claim, On the payment of such sum as the court may award as salvage, costs, and expenses. If the recaptured property belonged to any person permanently resident within the territory and Under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property Of a Citizen. Of the United States would be restored under like circumstances of recapture, it shall be adjudged to be restored to such owner, up- On his claim, upon such terms as by the law or usage Of Such prince, government, or state would be re- quired of a citizen of the United States under like Circumstances of recapture; or when no such law or usage shall be known, it shall be adjudged to be re- Stored upon the payment of such salvage, costs, and expenses as the Court shall order, The whole amount awarded as salvage shall be decreed to the captors, and no part to the United States, and shall be dis- tributed as in the case of proceeds of property con- demned as prize. Nothing in this Title shall be con- Strued to Contravene any treaty of the United States. (R. S. § 4652.) r TITLE LV—LIGHTS Sec. - 8427. Jurisdiction of board extended over Mississippi, Ohio, and Missouri Rivers. - 8428. Contracts for materials. 8429. Appropriations expended by contract. 8430. Proposals for repair of vessels. 8431. Purchase of sites for light-houses. - - 8432. Purchase of additional land for light stations and de- pots. . 8432a. Exchange of right of way for lighthouse service for other right of way. 8433. Regulatic ns for Light-House Service. 8434. Light-house districts ; inspectors; neers for construction of aids to navigation. 8435. Appropriations available for expenditures by Bureau of Light-Houses. - - 8435a. Appropriations available for lights on certain lakes, - and Waterways in Florida. s 8435b. Appropriations available for co-operation between Lighthouse Service and Forest Service. 8436. Cession of jurisdiction. 8437. Same; what sufficient. *. - 8438. Substitution of light-houses for light-ships. 8439. Establishing or maintaining lights as aids to navigation, without permission of board. - Post lantern lights. - - 8440. Anchorage buoys in New York and Philadelphia Har- bors. . • 8441. Failure to maintain lights on bridges. 8442. Obstructing or interfering with aids to navigation, or anchoring vessel so as to obstruct or interfere with range lights. Obstructing or interfering with private aids to navi- , gation lawfully maintained. 8443. Rººt of aids to nayigation which may be discontin- U1801, detail of Army engi- . AND BUOYS Sec. - 8444. Lease of ground for lights and beacons not permanent. 8445. Cºlºrs of customs as superintendents or disbursing agentS. - - 8446. Same; compensation. ... ' 8447. Compensation of keepers of light-houses. 8447a. Leaves of absence to employés. 8447b. Same. - - 8448. Rºº. for light-house keepers and assistants; commu- a.TIOIl. - 8448a. Medical relief to light keepers; physical examination or appointment. - 8449. Sale of clothing to crews of vessels; reimbursement for . Supplies furnished shipwrecked persons. 8450. Discontinuance and re-establishment of lights. 8451. Sale of condemned supplies. 8452. Warnings placed over obstructions. 8453. Pier-heads marked. 8454. Color of buoys. - 8455. Restriction on compensation of officers. 8456. Traveling expenses of officers of Army and Navy detail- -- . ed for service. . 8457. Officers not to be interested in contracts. 8458. Police powers of masters of light-house tenders. 8459. Supplies furnished from general stock. - 8459a. Vessels and equipment transferred to Navy or War Departments during national, emergency. 8459b. Regulations for lighthouse service in time of war. (R. S. §§ 4653-4660. Repealed.) - R. S. § 4653, provided for the organization of the Light- House Board. R. S. § 4654, made the Secretary of the Treasury ex-officio president of said board. R. S. § 4655, provided for the election of a chairman of said board, and prescribed his general powers and duties. R. S. § 4656, provided for the meetings of said board. R. S. § 4657, author- Tit. 55) $ 8435 LIGHTS AND BUOYS {Page 1329] g ized the adoption of regulations governing said meetings. R. S. § 4658, amended by Act Feb. 27, 1877, c. 69. 19 Stat. 252, prescribed the general powers &nd duties. of said board. Ś. § 4659, related to the estimates of light-house ex- ponses to be furnished by said board. R. S. § #660, all- thorized the purchase of sites for light-houses. All these sections were repealed by Act June 17, 1910, c. 301, § 13, 36 Stat. 539. § 8427. Jurisdiction of board extended over Mississippi, Ohio, and Missouri Rivers-The juris- diction of the Light-House Board, created by the act entitled “An act making appropriations for light- houses, light-boats, buoys, and so forth, and provid- ing for the erection and establishment of the same, and for other purposes” approved August thirty- first, eighteen hundred and fifty-two, is hereby ex- tended over the Mississippi, Ohio, and MissOuri Riv- ers, for the establishment of Such beacon-lights, day- beacons, and buoys as may be necessary for the use of vessels navigating those streams; and for this purpose the said board is hereby required to divide the designated rivers into one or two additional light- house districts, to be in all respects similar to the already existing light-house districts; and is hereby authorized to lease the necessary ground for all such lights and beacons as are used to point Out changeable channels, and which in consequence can not be made permanent. (June 23, 1874, c. 455, § 1, 18 Stat. 220.) § 8428. Contracts for materials—All materials for construction, maintenance, repair, and Operation shall be procured by public contracts, under Such reg- ulations as may from time to time be prescribed by the commissioner, subject to the approval of the Sec- retary of Commerce [and Labor], and no contract shall be made except after public advertisement for proposals in such form and manner as to Secure gen- eral notice thereof, and the same shall Only be made With the lowest and best bidder therefor, up On Se- curity deemed sufficient in the judgment of the Com- missioner of light-houses, but all bids may at any time be rejected by the commissioner: Provided, however, That the Commissioner of light-houses may purchase illuminating oil, wicks, and chimneys for lights, and ground tackle for light-vessels and buoys, and to an amount not exceeding five hundred dol- lars at any One time, other materials and Supplies when immediate delivery is required by an exigency, by private contract or in the Open market, if he deems it for the best interests of the Service SO to do ; but such purchases shall be set forth in the annual re- port of the Commissioner with the reasons for pur- chasing other than upon bids after public advertise- ment. (June 17, 1910, c. 301, § 8, 36 Stat. 538.) Text in brackets superseded by § 932. § 8429. Appropriations expended by contract —Hereafter it shall be the duty of the Light-House Board to apply the money appropriated, other than for Surveys, as far as can be without detriment to the interests of the Government, by contract. (July 7, 1884, c. 332, 23 Stat. 198.) $ 8430. Proposals for repair of vessels—Here- after any and all proposals for bids for any new ma- Chinery or other new equipment necessary in the re- pair of any vessel in the Light-House Service shall be on specifications prepared and submitted that will Secure competition in the bids for ſurnishing such machinery or equipment. (March 4, 1909, c. 299, § 1, 35 Stat. 973.) $ 8431. Purchase of sites for light-houses— The COmmissioner, under the direction of the Secre- tary of Commerce [and Labor], is authorized, when- ever an appropriation is made by Congress for a new ‘light-house, the proper site for which does not be- long to the United States, to purchase the necessary land for Such site, provided the purchase money be paid from the amount appropriated for such light- house without exceeding the limit of cost, if any, fixed in Such case; and the commissioner of light- COMP. S.T.’18–84 houses is authorized to employ temporarily draftsmen for the preparation of plans for tenders and light- vessels which may be authorizod by Congress, to be paid from the respective appropriations therefor. (June 17, 1910, c. 301, § 9, 36 Stat. 538.) Text in brackets superseded by § 932. See §§ 6901, 6902. § 8432. Purchase of additional land for light stations and depots—Hereafter the purchase of neC- essary additional land for light stations and depots is authorized under ruſes prescribed by the Secre- tary of Commerce [and Labor]: Provided, That no single acquisition of such additional land shall cost in excess of $500. (March 4, 1913, c. 168, 37 Stat. 1018. * in brackets superseded by § 932. § 84.32a. Excharage of right of way for light- Inouse service for other right of way—Hereafter the Secretary of Commerce is authorized, whenever he shall deem it advisable, to exchange any right of way of the United States in connection with lands pertaining to the Lighthouse Service for such other right of Way as may be advantageous to the Service, under Such terms and Conditions as he may deem to be for the best interests of the GOvernment; and in Case any expenses, not exceeding the sum of $500, are incurred by the United States in making such ex- change, the same shall be payable from the appropria-- tion “General expenses, Lighthouse Service,” for the fiscal year during which such exchange shall be ef- fected. (Aug. 28, 1916, c. 414, § 2, 39 Stat. 538.) § 84.33. Regulations for Light-House Service —The commissioner of light-houses, under the direc- tion and control of the Secretary of Commerce [and Labor], Shall, from time to time, prescribe and dis- tribute such regulations as he may deem proper for Securing an efficient, uniform, and economic admin- istration of the Light-House Service. (June 17, 1910, c. 301, § 10, 36 Stat. 538.) Text in brackets superseded by § 932. $ 8434. Light-house districts; inspectors; de- tail of Arıray engineers for construction of aids to navigation—The Commissioner of light-houses, subject to the approval Of the Secretary of Commerce [and Labor], as SOOn as practicable, shall rearrange the Ocean, gulf, and lake Coasts and the rivers Of the TJnited States, Porto Rico, and the naval station in Cuba into not exceeding nineteen light-house dis- tricts, and a light-house inspector shall be assigned in Charge of each district. The light-house inspectors shall each receive a Salary Of tWO thousand four hun- dred dollars per annum, except the inspector of the third district, whose salary shall be three thousand six hundred dollars per annum. The President may, for a period not exceeding three years from the tak- ing effect of this section, assign army and navy Officers to act in lieu. Of the appointment Of Civilian light-house inspectors, but Such army and navy offi- cers shall not receive any Salary Or COmpensation in addition to the salary or compensation they are en- titled to as such army Or navy Officers: Provided, That in the districts which include the Mississippi River and its tributaries the President may desig- nate army engineers to perform the duties of and act as inspectors. The President may detail Officers of the Engineer Corps of the United States Army for consultation or to superintend the Construction or repair of any aid to Inavigation authorized by Con- gress. (June 17, 1910, c. 301, § 11, 36 Stat. 538.) Text in brackets superseded by § 932. § 84.35. Appropriations available for expendi- tures by Bureau of Light-Houses—All unexpended appropriations which shall be available at the time when this Act takes effect, in relation to the Light- House Board, the Light-House Establishment, and the Light-House Service, shall be available from the time that this Act takes effect for expenditures in and by the bureau of light-houses, and shall be treat- ed the same as though the bureau of light-houses had ź 8435 (Tit. 55 LIGHTS AND BUOYS º IPage 1330] been named directly in the Acts making said appro- priations. (June 17, 1910, c. 301, § 12, 36 Stat. 539.) See § 6793. - § 84.35a. on certain lakes, and waterway's in Florida—Here- after post-lantern lights and other aids to navigation may be established and maintained, in the discretion Of the Commissioner of Lighthouses, Out of the an- nual appropriations for the Lighthouse Service, on Lakes Okechobee and Hicpochee and connecting Wa- terways across the State Of Florida and On the Apa- lachicola River and Chipola cutoff. (March 3, 1915, c. 81, § 5, 38 Stat. 927.) - § 84.35%. Appropriations available for co- operation between Lighthouse Service and For- est Service--Hereafter the annual appropriations for the Lighthouse Service shall be available for defray- . ing the expenses of cooperation between the Light- house Service and the Forest Service in the manage- ment of forest land on lighthouse reservations. (March 3, 1915, c. 81, § 6, 38 Stat. 928.) . $ 8436. Cession of jurisdiction—No light-house, beacon, public piers, Or landmark, shall be built Or erected on any site until cession of jurisdiction over the same has been made to the United States. (R. S. § 4661.) See § 3424. - - § 8437. Same; what sufficient—A cession by a State. Of jurisdiction. Over a place selected as the Site of a light-house, or other structure or work of the Light-House Establishment, shall be deemed suffi- cient within the preceding section, notwithstanding it contains a reservation that process issued under authority Of Such State may continue to be served Within such place. cession of jurisdiction contains no such reservation, all process may be served and executed within the place ceded, in the same manner as if no Cession had been made. (R. S. § 4662.) - (R. S. §§ 4663-4667. Repealed.) " . R. S. § 4663, provided for preliminary surveys to deter- mine the necessity of light-houses, etc. R. S. § 4664, pro- vided for the detail of officers from the Engineer Corps of the Army, to superintend the construction and renova- tion of light-houses. R. S. § 4665, provided for plans, draw- ings, specifications, and estimates of cost of illuminating and other apparatus, etc., and for a decision of the board upon all bids or contracts. . R. S. §§ 4666, 4667, provided for the letting of contracts for materials, etc. These five sections were all repealed by Act June 17, 1910, c. 301, § 13, 36 Stat. 539. § 8438. Substitution of light-houses for Iight-ships—Whenever any of the light-Vessels OC- cupying positions which are adapted to the erection of light-houses upon pile-foundations require to be re- built, or require such extensive repairs as to render the substitution of such light-houses advisable and practicable, such permanent structures may be erect- ed in place of any such light-vessels; but the expense arising from all such changes and erections shall be defrayed from the general annual appropriations for repairs, and so forth, of light-Vessels, except when a special appropriation is made for Such change. (R. S. § 4668.) - (R. S. §§ 4669–4671. Repealed.) R. S. § 4669, provided for regulations for the Light-House Service. R. S. § 4670, amended by Act July 26, 1886, c. 779, 24 Stat. 148, provided for light-house districts, and for the employment of persons in light-houses. . R. S. § 4671, provided for light-house inspectors. . . These three sec- tions were repealed by Act June 17, 1910, c. 301, § 13, 36 Stat. 539. - - - § 8439. Establishing or maintaining lights as aids to navigation, without permission of board—After the first day of January, nineteen hun- dred and seven, it shall be unlawful for any perSOn, company, corporation, or municipality not under the control of the Light-House Board, to establish, erect, Or maintain in the navigable waters of the United States any light as an aid to navigation, or any other aid to navigation similar to any of those maintained by the United States under the control and direction of the Light-House Board, without first obtaining Appropriations available for lights And notwithstanding- any such permission so to do from the Light-House Board, in aCCOrdance with rules and regulations to be estab- lished by the Secretary of Commerce [and Labor]; and any person violating the provisions of this sec- tion or any of the rules and regulations established by the Secretary of Commerce [and Labor] in accordance here with shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding the sum of one hundred dollars for each offense, and each day dur- ing which such violation shall continue shall be con- sidered as a new offense. (June 20, 1906, c. 3447, § 3, 34 Stat. 324.) - . . . Text in brackets superseded by § 932. $ 8439a. Post lantern lights—Hereafter post lantern lights and other aids to navigation may be established and maintained, in the discretion of the Commissioner of Lighthouses, out of the annual ap- propriation for the Light-House Service on the Mo- bile, Tombigbee, Warrior, and Black Warrior Rivers, Alabama, and Lake Tahoe, California and Nevada. (Aug. 28, 1916, c. 414, § 3, 39 Stat. 538.) - . . § 8440. Anchorage buoys in New York and Philadelphia Harbors—It is hereby made the duty of the Light-House Board to care for and maintain the anchorage buoys in New York Harbor and Phila- delphia Harbor heretofore placed there by the United States. (May 14, 1908, c. 168, § 4, 35 Stat. 162.) $ 8441. Failure to maintain lights on bridges —Any person, firm, company, or corporation required by law to maintain a light or lights upon any bridge or abutments over or in any navigable waters, who shall fail Or refuse to maintain such light or lights, or to Obey any Of the lawful rules and regulations relat- ing to the same, shall be deemed guilty of a misde- meanor and be subject to a fine not exceeding the sum Of One hundred dollars for each Offense, and each day during Which Such violation shall continue shall be considered as a new offense. (May 14, 1908, c. 168, § 5, 35 Stat. 162.) $ 8442. Obstructing or interfering with aids to navigation, or anchoring vessel so as to ob- struct or interfere with range lights—It shall be unlawful for any person to obstruct or interfere with any aid to navigation established or maintained in the Light-House Establishment under the Light-House Board, or to anchor any vessel in any of the navi- gable waters of the United States so as to obstruct Or interfere with range lights maintained therein, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and be sub- ject to a fine not exceeding the sum of five hundred dollars for each offense, and each day during which such violation shall continue shall be considered as a new offense. (May 14, 1908, c. 168, § 6, 35 Stat. 162.) § 8442a. Obstructing or interfering with private aids to navigation 1awfully maintained- Hereafter the penalties provided in section Six of the Act of May fourteenth, nineteen hundred and eight (Thirty-fifth Statutes, page one hundred and sixty- two), for obstruction to or interference with any aid to navigation maintained by the Lighthouse Service shall apply with equal force and effect to any private aid to navigation lawfully maintained under the au- thority granted the Secretary of Commerce and the Commissioner of Lighthouses by section six of the Act of June twentieth, nineteen hundred and six (Thirty-fourth Statutes, page three hundred and twen- ty-four). (March 3, 1915, c. 81, § 8, 38 Stat. 928.) See §§ 8439, 8442. § 8443. Report of aids to navigation which may be discontinued—The Secretary of Commerce [and Labor] shall annually Cause the Light-House Board to make a report to him for transmission to Congress of all aids to navigation in service which may be discontinued without distinct injury to the interests of navigation. (May 14, 1908, c. 168, § 7, 35 Stat. 162.) * Text in brackets superseded by § 932. Tit. 55) ź 8454 LIGHTS AND BUOYS [Page 13311 $ 8444. Lease of ground for lights and beacons not permanent—Lighting of rivers: * * for es- tablishing, Supplying, and maintaining post lights * * the Light-House Board being hereby authoriz- ed to lease the necessary ground for all such lights and beacons as are for temporary use or are used to point Out Changeable channels, and which in conse- quence Can not be made permanent. (March 4, 1909, c. 299, § 1, 35 Stat. 972.) § 8445. Collectors of customs as superintend- ents or disbursing agents—The Secretary of the Treasury shall assign to any of the collectors of the Customs the Superintendence of such light-houses, bea- COnS, light-ships, and buoys, as he deems best; but no perSon Whose compensation as collector of customs eXCeeds three thousand dollars a year shall receive any Compensation as disbursing agent for the Light- House Establishment, whether the sums disbursed by him be for articles to be used or services rendered Within Or Without the limits of his superintendency Or Collection-district: Provided, That where the com- pensation of any Collector as disbursing agent is not Imore than three thousand dollars a year, such agent shall receive for such services not more than four hundred dollars in any fiscal year. (R. S. § 4672.) See § 859. $ 8446. Same; compensation—So much of sec- tion forty-six hundred and seventy-two of the Revised Statutes of the United States as provides compensa- tion to collectors of the customs for services as Su- perintendents of lights or as disbursing agents for the Light-House Establishment is hereby repealed. (June 16, 1880, c. 235, 21 Stat. 262.) § 8447. Compensation of keepers of light- houses—The Secretary of the Treasury is authorized to regulate the Salaries of the respective keepers of light-houses in such manner as he deems just and proper, but the whole sum allowed for such salaries shall not exceed an average of six hundred dollars to each keeper. (R. S. § 4673.) See § 859. - § 8447a. Leaves of absence to employés—Here- after employees of the Lighthouse Service, Who are not now entitled to leave of absence with pay and who have served twelve consecutive months, shall be given fifteen days’ leave of absence with pay each year: Provided, That pro rata leave shall be allowed those serving fractional parts of a year: Provided further, That heads of divisions shall have discretion as to the time when the leave shall be granted. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 658.) $ 8447b. Same—EIereafter employees of the Light- house Service compensated at a per diem rate of pay may be granted fifteen working days’ leave of ab- sence each year without forfeiture of pay during Such absence, under rules prescribed by the Secretary of Commerce: Provided, That no employee of the class herein mentioned shall be entitled to any leave until he has served twelve Consecutive months, When he may be granted fifteen days’ leave, and that during the second Or any subsequent year fifteen days’ leave at the rate of one and One-fourth days per month, as earned, may be granted from the beginning Of the Sec- Ond service year: Provided further, That the inspec- tors of the several lighthouse districts shall have dis- Cretion as to the time when the leave can be allowed without detriment to the Service, and that absence on account of sickness shall be deducted from the leave hereby granted. (March 3, 1915, c. 81, § 4, 38 Stat. 927.) - $ 8448. Rations for light-house keepers and assistants; commutation—Every light-house keeper and assistant light-house keeper in the Light-House Establishment Of the United States Shall be entitled to receive One ration per day Or, in the discretion of the Light-House Board, Commutation therefor at the rate of thirty cents per ration. (May 14, 1908, c. 168, § 9, 35 Stat. 163.) $ 8448a. Medical relief to light keepers; physical examination or appointment—EIereafter light keepers and assistant light keepers of the Light- house Service shall be entitled to medical relief with- Out Charge at hospitals and other stations of the Pub- lic Health Service under the rules and regulations governing the care of seamen of the merchant marine: Provided, That this benefit shall not apply to any keep- er Or assistant keeper who receives an original ap- pointment after the passage of this Act, unless the ap- plicant passes a physical examination in accordance With rules approved by the Secretary of Commerce and the Secretary of the Treasury. (Aug. 28, 1916, c. 414, § 5, 39 Stat. 538.) * $ 8449. Sale of clothing to crews of vessels; reimbursement for supplies furnished shipwreck- ed persons—Hereafter the Secretary of Commerce [and Labor] is authorized to purchase, from the ap- propriations for the Lighthouse Service, clothing for . the Crews of vessels, to be sold to the employees of Said service and the appropriations reimbursed; and hereafter reimbursement, under rules prescribed by the Secretary Of Commerce [and Labor], is authorized to keepers of light stations and masters of light ves- Sels and of lighthouse tenders for rations and pro- visions and clothing furnished shipwrecked persons | Who may be temporarily provided for by them, not ex- ceeding in all five thousand dollars in any fiscal year. (July 27, 1912, c. 255, § 2, 37 Stat. 239.) Text in brackets superseded by § 932. § 8450. Discontinuance and re-establishment of lights—The Secretary Of the Treasury may, upon the recommendation of the Light-House Board, dis- Continue from time to, time such lights as may from any Cause become useless or unnecessary. And he may, upon the like recommendation, from time to time re-establish any lights which have been thus discon- , tinued, whenever he believes such re-establishment to be required by public Convenience or the necessities Of trade or commerce. (R. S. § 4674.) (R. S. § 4675. Superseded.) This section authorized the Secretary of the Treasury to sell real estate no longer used for light-house purposes. It was superseded by the more explicit provisions of Act June 23, 1874, c. 455, § 1, 18 Stat. 217, which in turn Was superseded by § 8451. - § 8451. Sale of condemned supplies—EIereafter when any condemned supplies, materials, equipment, or land can not be profitably used in the work Of the Lighthouse Service the same shall be appraised and sold, either by sealed proposals for the purchase of the same or by public auction after advertisement of the sale for such time as in the judgment of the Secre- tary of Commerce and Labor the public interests re- quire, the proceeds of such sales, after the payment therefrom of the expenses of making the Sales, to be deposited and covered into the Treasury as miscellane- ous receipts as now provided for by law in like Cases. (March 4, 1913, c. 168, 37 Stat. 1018.) § 8452. Warnings placed over obstructions- The Light-House Board may, when they deem it is necessary, place a light-vessel, or other suitable Warn- ing of danger, on or over any wreck or temporary ob- struction to the entrance of any harbor, or in the channel or fairway of any bay or Sound. (R. S. § 4676.) § 8453. Pier-heads marked—The Light-House Board shall properly mark all pier-heads belonging to the United States situated On the northern and northwestern lakes, whenever the board is duly notified by the department charged with the construc- tion or repair of pier-heads that the construction Or repair of any such pier-heads has been completed. (R. S. § 4677.) § 8454. Color of buoys—All buoys along the coast, or in bays, harbors, sounds, or channels, Shall be colored and numbered, so that passing up the Coast or sound. or entering the bay, harbor, or channel, red & 84.55 (Tit. 55 LIGEITS AND BUOYS [Page 13321 buoys with even numbers shall be passed on the Star- board hand, black buoys with uneven numbers on the port hand, and buoys with red and black Stripes on either hand. Buoys in channel-Ways shall be colored with alternate white and black perpendicular stripes. (R. S. § 4678.) • - - § 8455. Restriction on compensation of officers —No additional salary shall be allowed to any civil, military, or naval officer on account of his being em- ployed on the Light-E[ouse Board, or being in any manner attached to the light-house service. (R. S. § 4679.) - - - * , , - § 8456. Traveling expenses of officers of Ar- my and Navy detailed for service—Hereafter Offi- cers of the Army and Navy detailed for Service in Connection with the Light-House Establishment shall be paid their actual traveling expenses when travel- ing under orders on official duty to and from points which can not be conveniently reached by vessel or railroad. (Feb. 26, 1907, c. 1638, § 6, 34 Stat. 997.) § 8457. Officers not to be interested in con- tracts—No member of the Light-House Board, in- spector, light-keeper, or other person in any manner connected with the light-house service, shall be in- terested, either directly or indirectly, in any con- tract for labor, materials, or supplies for the light- house service, or in any patent, plan, Or mode of Con- struction or illumination, Or in any article of Supply for the light-house service. (R. S. § 4680.) § 8458. Police powers of masters of light- house tenders—Masters of light-house tenders shall have police powers in matters pertaining to govern- ment property and Smuggling. (June 16, 1880, c. 235, 21 Stat. 263.) - - $ 8459. Supplies furnished from general stock—Hereafter supplies and equipment for special Works of the Lighthouse Service may be furnished from general stock and the appropriation “General expenses, Lighthouse Service,” reimbursed therefor from the respective appropriations for Special works. (March 4, 1913, c. 168, 37 Stat. 1018.) . § 8459a. Vessels and equipment transferred to Navy or War Departments during national emergency—The President is hereby authorized, whenever in his judgment a sufficient national emer- gency exists to transfer to the service and jurisdiction | of the Navy Department, or of the War Department, such vessels, equipment, stations, and personnel of the Lighthouse Service as he may deem to the best interest of the country and after such transfer all ex- penses connected therewith shall be defrayed out of the appropriations for the department to which trans- fer is made: Provided, That such vessels, equipment, stations, and personnel shall be returned to the Light- house Service when such national emergency ceases in the opinion of the President, and nothing in this Act shall be construed as transferring the Lighthouse . Service or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided: Provided further, That any of the personnel of the Lighthouse Service who may be transferred as herein provided shall, while under the jurisdiction of the Navy Department or War Department, be subject to the laws, regulations, and orders for the government of the Navy or Army, as the case may be, in so far as the same may be ap- plicable to persons whose retention permanently in the military Service Of the United States is not Con- templated by law. (Aug. 29, 1916, c. 417, 39 Stat. 602.) § 8459b. Regulations for lighthouse service in time of war—The Secretary of the Navy, the Secre- tary of War, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Lighthouse Service in time of war, and for the cooperation of that service with the Navy and War Departments in time of peace in prep- aration for its duties in war, and this may include arrangements for a direct line of communication be- tween the officers or bureaus of the Navy and War De- partments and the Bureau of Lighthouses to provide for immediate action on all communications from these departments. (Aug. 29, 1916, c. 417, 39 Stat. 602.) TITLE Lv A–THE COAST GUARP This Title was entitled “The Life-Saving Service” in the Compilation of 1913, and included those sections of the Revised Statutes relating to the Life-Saving Service, which were contained in Title XLVIII, “Commerce and Navigation,” chapter 5, being R. S. §§ 4242-4247, 4249, to- gether with subsequent provisions, remaining in force, re- lating to the Life-Saving Service, particularly those of Act June 18, 1878, c. 265, organizing the service, and of Act May 4, 1882, c. 117, Act June 19, 1886, c. 424, and other acts establishing additional life-saving stations. By Act Jan. 28, 1915, c. 20, there was established, in lieu of the then existing Revenue-Cutter Service and the Life-Saving Service, the Coast Guard, to be composed of the Revenue-Cutter Service and the Life-Saving Service, with the existing offices and positions and the incumbent officers and men of said Services, said Coast Guard to constitute a part of the military forces of the United States, to operate under the Treasury Department in time of peace, and to operate as a part of the Navy, Subject to . the orders of the Secretary of the Navy, in time of War, or when so directed by the President. Said act further provides that, except as modified thereby, all existing laws relating either to the Life-Saving Service or the ReVenue- Cutter Service shall remain in force as far as applicable to the Coast Guard and that the offices, positions, Opera- tions, and duties shall in all respects be held , and Con- strued to impose the same duties upon the positions and their incumbents in the Coast Guard as are now imposed upon the corresponding positions and incumbents in the said two organizations. - Accordingly this title has been changed from “The Life- Saving Service” to “The Coast Guard,” and it has been made to include, in addition to the sections of the Re- vised Statutes and the subsequent laws, as above stated, those sections of the Revised Statutes and Subsequent laws formerly contained in Title XXXIV, “Collection of Duties Upon Imports,” chapter 3, “Revenue Cutters and Boats,” as follows: R. S. §§ 2747-2765, Act July 7, 1884, c. 332, Act Aug. 18, 1894, c. 301, Act June 11, 1896, c. 420, Act July 1, 1898, c. 546, Act April 12, 1902, c. 501, Act April 19, 1906, c. 1640, Act May 12, 1906, c. 2454, Act May 26, 1906, c. 2556, Act June 23, 1906, c. 3520, Act April 16, 1908, C. 145, Act April 21, 1910, c. 182, Act March 4, 1911, c. 285, Act Aug. 24, 1912, c. 355, Act June 23, 1913, c. 3, and Sub- sequent acts or parts of acts relating to the same Subject- matter. It also includes Act Jan. 28, 1915, c. 20, men- tioned above. - For convenience of arrangement, this title has been divided into three chapters as follows: Chapter A., “Gen- eral Provisions,” which consists principally of Said Act Jan. 28, 1915, c. 20; Chapter B, “The Revenue-Cutter Serv- ice,” which consists of said R. S. §§ 2747-2765, and açts and parts of acts relating to the revenue-cutters and boats; and Chapter C, “The Life-Saving Service,” which consists of said R. S. §§ 4242-4247, 4249, and acts and parts of acts relating to the Life-Saving Service. R. S. § 4248, also contained in Title xLVIII, “Commerce and Navigation,” chapter 5, provided that the life-saving stations at Narragansett Pier and Block Island should be under the superintendent of life-saving stations for the coast of Long Island. It was superseded by Act May 4, 1882, c. 117, § 4, which provided that there should be a superintendent for the district embracing the coasts of . . Rhode Island and Long Island, Which Was Superseded by Act June 6, 1900, c. 791, § 1 ($ 8524). Chap. - Sec. A. General Provisions. . . . . . . 8459/2a B. The Revenue-Cutter Service. . . . . . . . . . . . . . . . 8459%2b Chapter A–General Provisions S See note at beginning of Title. €C. 8459%a. (1) Coast Guard established in lieu of Revenue-Cut: - ter Service and Life-Saving Service; part of military forces; under Treasury and Navy De- partments; right of command of Officers. (2) Composition of Coast Guard; transfer of officers and men of Revenue-Cutter Service and Life- Saving Service; administrative service; duties; funds and appropriations. (3) Rank, pay, and allowances; , laws applicable; re- tirement; continuous service pay; pensions. (4) Promotions to fill vacancies in grades of keeper and of district superintendent; authority of dis- trict superintendents; retirement of general Su- perintendent; office of assistant general Super- intendent abolished. (5) Reports by captain commandant. (6) Use of vessel for private purposes. (7) Coast Guard subject to naval regulations in time Of War. (8) Reimbursements of expenditures from appropria- tions. (9) Precedence as to officers where operating with aVy. - (10) Assignment to duty in. (11) Cutters for service on Pacific and in Alaskan wa- ters. (12) Aviation stations for life-saving service; school for instruction. (13) Instruction in aviation at Army and Navy schools. (14) Pay and allowances to members detailed for avi- ation duty. $ 8459%a. (1) Coast Guard established in lieu of Revenue-Cutter Service and Life-Saving Serv- ice; part of military forces; under Treasury and Navy Departments; right of cºmmand of officers —There shall be established in lieu of the existing Revenue-Cutter Service and the Life-Saving Service, to be composed of those two existing Organizations, with the existing offices and positions and the incum- bent officers and men of those two services, the Coast Guard, which shall Constitute a part of the military forces Of the United States and which shall Operate under the Treasury Department in time Of peace and operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct. When subject to the Secre- tary Of the Navy in time of war the expense of the Coast Guard shall be paid by the Navy Department: Chap. * * g Sec. C. The Life-Saving Service. . . . . . . . . . . . . . . . . • * * * 8460 Provided, That no provision of this Act Shall be COn- strued as giving any officer of either the Coast Guard or the Navy, military or other control at any time over any vessel, officer, Or man of the other service except by direction of the President. (Jan. 28, 1915, c. 20, § 1, 38 Stat. 800.) - (2) Composition of Coast Guard; transfer of officers and men of Revenue-Cutter Service and Life-saving Service; administrative service; du- ties; funds and appropriations—In the COaSt Guard there shall be a captain commandant, senior captains, captains, first lieutenants, second lieutenants, third lieutenants, engineer in chief, captains Of en- gineers, first lieutenants of engineers, Second lieuten- ants of engineers, third lieutenants of engineers and constructors, cadet and Cadet engineers, warrant of ficers, petty officers, and other enlisted men, all of said offices, respectively, corresponding to the present offices of the Revenue-Cutter Service, Which are trans- ferred to the Coast Guard, and all the present incum- bents, officers and enlisted men, are also transferred to corresponding positions in the Coast Guard; a gen- eral superintendent, assistant general Superintendent, district superintendents, keepers, and Surfmen, which offices and positions shall be transferred from the cor- responding positions in the existing Life-Saving Serv- ice and be made like positions in the Coast Guard, and all the incumbent officers and Surfmen Shall be trans- ferred to such corresponding positions in the Coast Guard, in which the superintendents shall be COm- missioned as such, keepers shall be warrant Officers, and surfmen shall be enlisted men, of which enlisted men the number one surfmen shall be petty Officers. There shall be in the administrative service of the Coast Guard two chiefs of division, to be appointed by the Secretary of the Treasury, with annual salary of $3,000 each, together with such clerical and technical positions and the incumbents therein as it may be necessary to transfer from the two existing Organi- zations to the Coast Guard. There may be such other clerical and technical assistance as may from time to time be authorized by Congress. Except as herein modified all existing laws relating either to the present Life-Saving Service Or the present Revenue Cutter Service shall remain of force as far as IPage 1333] & 84.59%a (2) (Tit. 55A THE COAST GUARD t [Page 1334] - applicable to the Coast Guard and the offices, positions, operations, and duties shalliºn all respects be held and construed to impose the same duties upon the positions and their incumbents in the Coast Guard as are now imposed upon the corresponding positions and incum- bents in the said two existing Organizations. The pro- visions of the Act entitled “An Act to regulate enlist- ments and punishments in the United States Revenue- Cutter Service,” approved May twenty-sixth, nineteen hundred and six, shall apply to and govern the Coast Guard. - - - All duties now performed by the Revenue-Cutter Ser- vice and Life-Saving Service shall continue to be per- formed by the Coast Guard, and all such duties, togeth- Br with all duties that may hereafter be imposed upon the Coast Guard, shall be administered by the captain commandant, under the direction of the Secretary of the Treasury, and all funds and appropriations now provided by law for the Revenue-Cutter Service and all funds and appropriations now provided by law for the Life-Saving Service shall be available for like purposes under the Coast Guard hereby Created. (Jan. 28, 1915, c. 20, § 2, 38 Stat. 801.) Current appropriation for expenses of Coast Guard, see Act June 12, 1917, c. 27, § 1, 40 Stat. 116. (3) Rank, pay, and allowances; laws applica- ble; retirement; continuous service pay; pen- sions—All existing laws affecting rank, pay, and al- lowances in the present Life-Saving Service and the present Revenue-Cutter Service, shall apply to the cor- responding positions in the Coast Guard and the Of- ficers and men transferred thereto and their succes- Sors. This shall include all laws and regulations which now give to the enlisted men. Of the existing Revenue-Cutter Service increased pay of $1 per month for each three years’ service, allowances for uniforms, and all other allowances or gratuities due to enlisted men, which are hereby made applicable to the enlisted men of the Coast Guard who were formerly surfmen in the Life-Saving Service. r - The provisions of sections three, four, five, six, sev- en, eight, and nine of the Act of April twelfth, nineteen hundred and two, in so far as they provide for the re- tirement of officers of the Revenue-Cutter Service, are hereby extended to include commissioned officers, war- rant officers, and enlisted men of the Coast Guard. A Commissioned. Officer, warrant Officer, Or enlisted man who has served thirty years, upon suitable application. and as to commissioned officers upon approval by the Secretary of the Treasury, may be retired from active service and receive seventy-five per centum of the duty pay, salary and increase of his grade or rating : Pro- vided, That such commissioned officer, warrant officer, or enlisted man may be assigned to such duties as he may be able to perform. The Commissioned Officers, warrant officers, and petty officers of the Coast Guard shall receive ten per centum increase of pay for every five years of service, such increase not to exceed forty per centum of the pay of their grade or rating subject to the limitations of existing laws governing longevity pay: Provided further, That in computing length of service for any purpose all Creditable service in the Army, Navy, Marine Corps, Revenue-Cutter Service, and Life-Saving Service shall be included, Counting part of a year as a whole year where stations were Operated Only part of a year: And provided fur- ther, That no person shall receive for the same time retired pay and the extra pay allowed under section seven of the Act of May fourth, eighteen hundred and eighty-two. The provisions of section three of the Act of March twenty-sixth, nineteen hundred and eight, increasing the efficiency of the personnel of the Life- Saving Service shall apply to the death of any officer, Warrant Officer, Or enlisted man. On the active list in the Coast Guard : Provided, That no pension shall be allowed or paid to any commissioned officer, war- rant officer, or enlisted man in the Coast Guard either - abolished. On the active Or retired list. 38 Stat. 801.) See §§ 8459% b (17, 19, 23-30, 38), 8542, 8543, 8935. (4) Promotions to fill vacancies in grades of Reeper and of district superintendent; author- ity of district superintendents; retirement of general superintendent; office of assistant gener- (Jan. 28, 1915, c. 20, § 3, al superintendent abolished—Hereafter, Whenever a vacancy occurs in the grade of keeper of life-saving station or house of refuge, it shall be filled by promo- tion and appointment from the grade of Surfman, and whenever a vacancy shall occur in the grade Of dis- trict superintendent the vacancy shall be filled by pro- motion and appointment from the grade of keeper: Provided, That the district superintendents shall be the Chief Officers and ‘first in authority in their re- spective districts, subject to the authority of the cap- tain commandant. - - - When the Organization of the Coast Guard shall have been perfected the President is authorized to re- tire the general superintendent on seventy-five per Centum of his present Salary, and no further appoint- ment Shall be made to Such Office. At the Same time the office of assistant general superintendent shall be (Jan. 28, 1915, c. 20, § 4, 38 Stat. 802.) (5) Reports by captain commandant—The cap- tain Commandant Of the Coast Guard shall Submit to the Secretary of the Treasury, for transmission to Congress, an annual report of the expenditures of the moneys appropriated for the maintenance of the Coast Guard and of the Operations of the Coast Guard during the year. (Jan. 28, 1915, c. 20, § 5, 38 Stat. 802.) See § 8461. - (6) Use of vessel for private purposes—Any per- son using any vessel in the Coast-Guard Service for private purposes, in violation of law, Shall upon con- viction thereof be fined $1,000. § 6, 38 Stat. 802.) See § 8459% b (47). (7) Coast Guard subject to naval regulations in time of war—Whenever, in time of war, the Coast Guard operates as a part of the Navy in accordance with law, the personnel of that Service shall be sub- ject to the laws prescribed for the government of the Navy: Provided, That in the initiation, prosecu- tion, and completion of disciplinary action, including remission and mitigation of punishments for any of— fense committed by any officer or enlisted man of the Coast Guard, the jurisdiction shall hereafter de- pend upon and be in accordance with the laws and regulations of the department having jurisdiction of the person of such offender at the various stages of such action : Provided further, That any punishment imposed and executed in accordance with the provi- Sions Of this Section shall not exceed that to Which the offender was liable at the time of the commission of his offense. (Aug. 29, 1916, c. 417, 39 Stat. 600.) (8) Reimbursements of expenditures from ap- propriations—Hereafter whenever, in accordance with law, the expenses of the Coast Guard are paid by the Navy Department, any naval appropriations from which payments are so made shall be reimbursed from available appropriations made by Congress for the ex- penses of the Coast Guard. (Aug. 29, 1916, c. 417, 39 Stat. 600.) (9) Precedence as to officers where operating with Navy—Whenever the personnel of the Coast Guard, or any part thereof, is operating with the per- sonnel of the Navy in accordance with law, precedence between commissioned officers of corresponding grades in the two services shall be determined by the date of commissions in those grades. (Aug. 29, 1916, c. 417, 39 Stat. 600.) - (10) Assignment to duty in-Any Commission- ed or warrant officer, petty officer, or other enlisted man in the Coast Guard may be assigned to any duty which may be necessary for the proper Conduct of (Jan. 28, 1915, c. 20, Ch. B) ź 8459%b(1) THE COAST GUARD [Page 1335] the Coast Guard ; and the Secretary Of the Treasury in time of peace and the Secretary of the Navy in time of war may, in his discretion, man any Coast Guard station during the entire year, Or any portion thereof, maintain any house of refuge as a Coast Guard station, and change, establish, and fix the lim- its of Coast Guard districts and divisions. (Aug. 29, 1916, c. 417, 39 Stat. 601.) (11) Cutters for service on Pacific and in Alaskan waters—The Secretary of the Treasury is hereby authorized and directed to construct and equip two steam Coast Guard Cutters for Service On the Pacific coast and in Alaskan Waters, at a total cost not to exceed the sum of $700,000; one steam Coast Guard Gutter for Service as an anchorage patrol boat in New York Harbor, at a cost not to exceed the sum of $125,000, such vessel to be especially con- structed for ice breaking ; to purchase or COnStruct and equip two or more cutters for service in harbor's and shoal waters, at a total cost not to exceed $50,- 000; to purchase or construct and equip three light- draft river steamboats, including lifeboats and Such other life-saving appliances and equipment as may be necessary, to be used in rescuing lives and property. and in distributing food and clothing to marooned people during flood times On the Mississippi and Ohio Rivers and their tributaries, for-patrolling said–Wa- ters for the enforcement of navigation and motor- boat laws, and for rendering aid to vessels in distress, at a total cost not to exceed $240,000. On account of Coast Guard vessels herein authorized, to be available until expended, $400,000: Provided, That the Secre- tary of the Navy, at the request of the Secretary of the Treasury, is hereby authorized to build the ves- sels herein authorized, or any Coast Guard vessels hereafter authorized, at such navy yards as the Sec- retary of the Navy may designate. (Aug. 29, 1916, c. 417, 39 Stat. 601.) (12) Aviation stations for life-saving service; school for instruction—For the purpose of Saving life and property along the coasts of the United States and at sea contiguous thereto, and to assist in the national defense, the Secretary of the Treasury is authorized to establish, equip, and maintain avia- tion stations, not exceeding ten in number, at Such points On the Atlantic and Pacific Coasts, the Gulf Of Mexico, and the Great Lakes as he may deem ad- visable, and to detail for aviation duty in connec- tion therewith Officers and enlisted men of the United States Coast Guard. At One Of these stations there may be instituted a school for the purpose of special instruction in aeronautics, and the Secretary of the Treasury is hereby authorized to employ one expert instructor in aeronautics, at a salary of $4,000 per annum, and One assistant instructor, also skilled in aeronautics, at a salary of $3,000 per annum. (Aug. 29, 1916, c. 417, 39 Stat. 601.) - (13) Instruction in aviation at Army and Navy schools—At the request of the Secretary of the Treasury the Secretaries of War and Navy are au- thorized to receive Officers and enlisted men. Of the Coast Guard for instruction in aviation at any avia- tion school maintained by the Army and Navy, and Such Officers and enlisted men shall be subject to the regulations governing such schools. (Aug. 29, 1916, c. 417, 39 Stat. 601.) - (14) Pay and allowances to members detailed for aviation duty—Hereafter Officers and enlisted men Of the Coast Guard, when detailed for aviation duty, Shall receive the same percentages of increases in pay and allowances as are now or may hereafter be prescribed by law for Officers and men of the Navy detailed for aviation duty: Provided, That no more than a yearly average of fifteen Commissioned Offi- cers and a total of forty warrant Officers and enlist- ed men of the Coast Guard detailed for duty involv- ing actual flying in aircraft shall receive any increase in pay or allowances by reason of such detail or duty. {Aug. 29, 1916, c. 417, 39 Stat. 60i.) Chapter B—The Revenue-Cutter Service See note at beginning of Title. Sec. 8459%b. 2) Useless cutters sold. (3) Officers and men. (4) Commissioned officers. (5) Same. (6) Same; rank; co-operation with Navy. (7) Third lieutenants; number; promotion of cadets. $ (8) Constructor selected from chief engineers. (9) Captain commandant; chief of division; engineer in chief; senior Captains and engineers. (10) Same; selection and promotion. (11) Number on active lists of captains and of engi- neers with rank of first lieutenant. (12) Promotion to grades. (13) Titles, of engineer officers; line and engineer Officers. (14) Increase of officers in grades of second and third lieutenant. (14%) Number of lieutenants of engineers uard. (15) Civilian instructors; pay. (16) Qualifications of captains and lieutenants. (17) Promotions to fill vacancies caused by retirement. (18) Promotion of third lieutenants or engineer of- ficers. (19) Pay and allowances of commissioned officers. (20) Pay of constructor or surgeon after fifteen years’ --- -— service. . (21) Allotment of pay. (22) Officers’ pay accounts. (23) Retirement of officers. (24) Same; board; proceedings. (25) Same; to waiting-orders list. (26) Removal of cause. (27) Retired pay of officers. (28) Captain commandant and engineer in chief; rank and pay on retirement. (29) Civil war officers; rank and pay on retirement. (30) Retired chief of division; rank and pay. (31) Cadets; number; qualifications; examinations; obligation ; dismissal. º (32) [Repealed.] (33) Cadets and cadet engineers; (34) Pay of cadets. (35) Cadet engineers; probation term; pay; age. (36) Enlisted force; term of enlistment. (37) Wages of petty officers and crews. (38) Increase of pay of enlisted, force; . ice; pay on waiting Orders. (39) Enlisted men; clothing allowance. (40) Same; clothing for. (41) Rations; officers on duty. (42) Same; contracts for. (42%) Same; sales of supplies to officers’ messes. (43) Burial of officers and men. (44) Co-operation with the Navy. (45) Powers of Secretary of Treasury. (46) Same; changing stations of cutters. (47) Cutters exclusively for public service. (48) Aid to vessels on the lakes. (48%) Medical and surgical aid to crews of fishing vessels; detail of surgeons of Public Health Service. (49) Tug to aid vessels on north Pacific coast. (50) Tug to co-operate with life-saving station. (51) Removal of derelicts. (52) Powers and duties of officers of cutters. (53) Returns. (54) Further duties of officers. (55) Employment of small boats. (56) Motor boat for Corpus Christi. (57) Ensigns and pendants. (58) Immunities of officers. (59) Punishment by commander. , (60) Revenue-Cutter Service courts; jurisdiction; pun- ishment. (61) Administration of oaths. (62) Place of imprisonment. (63) Desertion. . (64) Jurisdiction of civil authorities; discipline. (65) Same; offenses against other laws. § 8459%b. (1) Revenue-cutters—The President may, for the better securing the collection of import or tonnage duties, cause to be maintained SO many of the revenue-cutters as may be necessary to be em- ployed for the protection of the revenue, the expense whereof shall be paid out of such sum as Shall be annually appropriated for the revenue-cutter service, and not otherwise. (R. S. § 2747.) Current appropriation for Revenue Cutter Service Coast Guard), see Act June 12, 1917, c. 27, § 1, 40 Stat. 116. (1) Revenue-cutters. ( precedence between in Coast number. length of Serv- offenses against & 8459%b(2) (Tit. 55A THE COAST GUARD [Page 13361 (2) Jseless cutters sold—The President may from time to time cause such of the revenue-Cutters as have become unfit for further Service to be Sold ; and the proceeds shall be paid into the Treasury: Provided, That the Secretary of the Treasury may apply, in the purchase or construction of revenue-Cutters, any unexpended balance of the proceeds of revenue-Cutters sold by him under the authority of section two of the act of twentieth April, eighteen hundred and six- ty-six, chapter sixty-three. (R. S. § 2748.) See §§ 6609, 6808. (3) Officers and men—The officers for each reve- nue-vessel shall be one captain, and one first, one second, and one third lieutenant, and for each steam- vessel, in addition, one engineer and One assistant en- gineer; but the Secretary of the Treasury may as- sign to any vessel a greater number of Officers When- ever in his opinion the nature of the service which She is directed to perform requires it. And vessels Of both descriptions shall have such number of pet- ty officers and men as in the opinion of the Secretary are required to make them efficient for their service. (R. S. § 2749.) See § 845914, b (4–31). R. S. § 2750. Superseded.) This section as enacted in the Revised Statutes was as follows: “The grades of engineers shall be chief engineer, and first and second assistant engineer, with the pay and relative rank of first, second and third lieutenant, re- spectively.” It was superseded by the provisions relating to the grades of engineers in the service made by Act April 12, 1902, c. 501, § 1, Act June 23, 1906, c. 3520, § 3, *...* April 16, 1908, c. 145, §§ 1, 10–$ 8459%b (5, 35, (4) Commissioned officers—The Commissioned Of- ficers of the revenue-cutter service shall be appointed by the President, by and with the advice and Con- sent of the Senate. (R. S. § 2751.) (5) Same—On and after the passage of this Act the commissioned officers of the Revenue-Cutter Serv- ice shall be as follows: Captains, first lieutenants, second lieutenants, third lieutenants, Captain of en- gineers, chief engineers, first assistant engineers, second assistant engineers, and constructor; and the captain of engineers, [chief engineers, first assistant engineers, second assistant engineers] shall have the rank of captain, first, second, and third lieutenants, respectively ; and the constructor shall have the rank Of first lieutenant: Provided, however, There shall be no increase in the number of Officers upon the ac- tive list over the present number in each class or grade. (April 12, 1902, c. 501, § 1, 32 Stat. 100.) Text in brackets superseded by § 8459% b (13). And see §§ 5427, 8459% a (1-6), 8459%b (8–11, 14, 15, 35, 59–65). (6) Same; rank; co-operation with Navy–The said commissioned officers shall rank as follows: Captains with majors in the Army and lieutenant- commanders in the Navy; first lieutenants With Cap- tains in the Army and lieutenants in the Navy; SeC- Ond lieutenants with first lieutenants in the Army and lieutenants (junior grade) in the Navy ; third lieutenants with second lieutenants in the Army and ensigns in the Navy: Provided, That whenever forc- es of the Navy and Revenue-Cutter Service shall be Serving in cooperation pursuant to law (section twen- ty-seven hundred and fifty-seven, Revised Statutes), the Officers Of the Revenue-Cutter Service Shall rank as follows: Captains with and next after lieutenant- commanders in the Navy; next after lieutenants in the Navy; second lieuten- ants with and next after lieutenants (junior grade) in the Navy ; third lieutenants with and next after ensigns in the Navy: Provided further, That no pro- vision of this Act shall be construed as giving any Officer of the Revenue-Cutter Service military Or Oth- er Control at any time Over any vessel, Officer, Or man Of the naval Service. NOr shall any naval Offi- cer exercise such military or other control Over any vessel, Officer, or man of the Revenue-Cutter Service, except by direction of the President. (April 12, 1902, c. 501, § 2, 32 Stat. 100.) See §§ 8459%a (1, 3), 8459%b (9, 43, 44). first lieutenants with and . (7) Third lieutenants; number; promotion of cadets-On and after the passage of this Act the number of officers on the active list in the grade of third lieutenant in the Revenue-Cutter Service shall not exceed thirty-seven: Provided, That until Such time as the grade Of third lieutenant Shall be filled as provided in this Act there may be advanced to that grade any cadet of the line who has served not leSS than tWO years as Such Cadet, and is recommend- ed for advancement by the Secretary of the Treasury. (June 23, 1906, c. 3520, § 1, 34 Stat. 452.) See § 8459% a (3). - (8) Constructor, selected from chief engineers —A [Chief engineer] of the Revenue-Cutter Service, to be selected for his Special ability in naval Construc- tion from the present list of [Chief engineers] by the Secretary of the Treasury, may be commissioned a constructor for engineering duty in said Service with the rank, pay, and emoluments now provided by law for a ſchief engineer]: Provided, That the vacancy created in the list of [chief engineers] by such transfer shall not be filled by promotion or Oth- erwise, but the number of [chief engineers] now au- * thorized by law shall be reduced by One, and that no additional expense shall be incurred by reason of Commissioning such [Chief engineer] a Constructor. (June 23, 1906, c. 3520, § 6, 34 Stat. 453.) Text in brackets superseded by § 8459%b (13). §§ 8459%a (3), 8459%b (5). (9) Captain commandant; chief of division; engineer in chief; senior captains and engineers —On and after the passage of this Act the President be, and is hereby, authorized to appoint in the Reve- nue-Cutter Service, by and with the advice and con- sent of the Senate, one captain commandant for a period of four years who may be reappointed for further periods of four years each, who shall act as Chief of the division of Revenue-Cutter Service, with the rank of a Colonel in the Army and a Captain in the Navy, and who shall have the pay and allowances of a colonel in the Army; six senior Captains, Who shall perform duty in connection with the Construc- tion of vessels and the inspection of their armament and Crews and such other duties as the Secretary Of the Treasury or the President may prescribe, each with the rank of a lieutenant-Colonel in the Army and a commander in the Navy, and who shall each have the pay and allowances of a lieutenant-Colonel in the Army ; One engineer in chief for a period of four years who may be reappointed for further pe- riods of four years each, with the rank of a lieuten- ant-colonel in the Army and a commander in the Navy, and who shall have the pay and allowances of a lieutenant-colonel in the Army; and six Senior engineers, who shall perform duty in connection with the construction and inspection of the machinery Of vessels and such other duties as the Secretary Of the Treasury may prescribe, each with the rank of a major in the Army and a lieutenant-Commander in the Navy, and who shall each have pay and allow- ances of a major in the Army: Provided, That the position vacated by an officer appointed captain com- mandant or engineer in chief shall be filled by pro- motion according to existing law. (April 16, 1908, C. 145, § 1, 35 Stat. 61.) See § 8459%a (1-3). (10) Same; selection and promotion-The Cap- tain commandant shall be selected from the active list of line officers not below the grade of captain ; that the Six senior Captains shall be made by pro- motion from the active list of captains in the Order of seniority; that the engineer in chief shall be se- lected from the active list of engineer officers not be- low the rank of first lieutenant ; that the Six Senior engineers shall be made by promotion from the active list of engineer officers of the rank of first lieuten- ant in the Order Of Seniority. When a Va CanCy OCCurS And see in any of the grades created by this Act, it shall be Ch. B) 3 8459%b (24) THE COAST GUARD IPage 1337] filled in accordance with the provisions of this sec- tion. (April 16, 1908, c. 145, § 2, 35 Stat. 62.) See § 8459% a (3). (11) Number on active lists of captains and of engineers with rank of first lieutenant—When the appointments herein provided are made the active list of Captains in the Revenue-Cutter Service shall be reduced by six and the active list of engineer of ficers with the rank of first lieutenant by six, and the Said lists shall remain thereafter at thirty-one and twenty-eight, respectively. (April 16, 1908, c. 145, § 3, 35 Stat. 62.) See § 8459% a (3). (12) Promotion to grades—The examinations and requirements for promotion provided in section eight Of the Act approved April twelfth, nineteen hundred and two, entitled “An Act to promote the efficiency of the Revenue-Cutter Service,” shall not be required for promotion to the grades created by this Act. (April 16, 1908, c. 145, § 4, 35 Stat. 62.) See § 8459%b (17). (13) Titles of engineer officers; precedence be- tween line and engineer officers—Engineer Officers who now have or who may hereafter have the rank Of Captain, first lieutenant, second lieutenant, Or third lieutenant in the Revenue-Cutter Service Shall here- after have the title Of Captain of engineers, first lieu- tenant of engineers, second lieutenant of engineers, and third lieutenant of engineers, respectively, and the titles of chief engineer, first assistant engineer, and Second assistant engineer are hereby abolished. That precedence between line and engineer Officers Of the same rank shall be determined by length of continu- ous service as a commissioned officer. (April 16, 1908, c. 145, § 10, 35 Stat. 63.) See § 8459% a (3). (14) Increase of officers in grades of second and third lieutenant—The number of Officers allow- ed in the grades Of Second lieutenant and third lieu- tenant and Second lieutenant Of engineers and third lieutenant of engineers is hereby increased five in each of said grades. (April 16, 1908, c. 145, § 13, 35 Stat. 63.) (14%) Number of lieutenants of engineers in Coast Guard—The number of third lieutenants and third lieutenants of engineers now authorized by law for the Coast Guard is hereby increased ten and five, respectively. (Aug. 29, 1916, c. 417, 39 Stat. 601.) (15) Civilian instructors; pay—The Secretary of the Treasury is hereby authorized to employ two civilian instructors in the Revenue-Cutter Service, one at a salary Of two thousand dollars per annum and One at a Salary Of One thousand eight hundred dollars per annum. (June 23, 1906, C. 3520, § 4, 34 Stat. 453.) See § 845.9%a, (3). (16) Qualifications of captains and lieutenants —No person shall be appointed to the office of Cap- tain, first, second, Or third lieutenant, of any revenue- cutter, who does not adduce competent proof of profi- ciency and skill in navigation and Seamanship. (R. S. § 2752.) See §§ 8459%a (3), 8459%b (17, 24–26). (17) Promotions to fill vacancies caused by retirement—When any commissioned officer is retired from active service, the next officer in rank shall be promoted according to the established rules of the Serv- ice, and the same rule of promotion shall be applied Successively to the Vacancies COnsequent upon Such re- tirement: Provided, That all promotions shall be sub- ject to examination to determine the professional qual- ifications of the candidates, and such examination shall be wholly written before a board of Officers of the Revenue-Cutter Service, and their physical qualifica- tions shall be reported upon by a board of medical officers of the Marine-Hospital Service; and such board Shall be convened by the Secretary of the Treasury whenever the exigencies Of the Service re- quire. (April 12, 1902, c. 501, § 8, 32 Stat. 101.) See §§ 8459% a (3), 8459%b (12). (18) Promotion of third lieutenants or engi- neer officers—A third lieutenant or an engineer of ficer with the rank of third lieutenant who has served five years in his grade shall, upon passing the exam- inations now required by law, be eligible to promo- tion to the next higher grade: Provided, That there shall be no increase in the total number of lieuten- ants nor in the total number of engineer officers be- low the rank of first lieutenant authorized by law: Provided further, That nothing in this Section Shall be COnStrued to prevent promotions to fill vacancies as now provided by law. (April 16, 1908, c. 145, § 9, 35 Stat. 63.) See § 8459%a (3). (R. S. § 2753. Superseded.) This section, as enacted in the Revised Statutes, was as follows: “The compensation of the officers of the revenue- º: Service shall be at the following rates while on “Captains, twenty-five hundred dollars a year each. “First lieutenants and chief engineers, eighteen hundred dollars a year each. “Second lieutenants and first assistant engineers, fifteen hundred dollars a year each. “Third lieutenants and second assistant engineers, twelve hundred dollars a year each. “And at the following rates while on leave of absence or While Waiting orders: “Captains, eighteen hundred dollars a year each. “First lieutenants and chief engineers, fifteen hundred dollars a year each. “Second lieutenants and first assistant engineers, twelve hundred dollars a year each. “Third lieutenants and second assistant engineers, nine hundred dollars a year each.” It was superseded by the subsequent provisions of Act April 12, 1902, c. 501, § 3. See § 8459% b (19). (19) Pay and allowances of commissioned of- ficers—The commissioned officers of the United States Revenue-Cutter Service shall hereafter receive the Same pay and allowances, except forage, as are now Or may hereafter be provided by law for officers of COrresponding rank in the Army, including longevity pay. (April 12, 1902, c. 501, § 3, 32 Stat. 100.) See §§ 8459% a (3), 8459%b (21, 22, 27, 28, 34, 41), 8463. (20) Pay of constructor or surgeon after fif- teen years’ service—A Constructor or surgeon, with the rank of first lieutenant, after fifteen years' Serv- ice in the Revenue-Cutter Service shall have the pay and allowances of a captain. (April 16, 1908, c. 145, § 7, 35 Stat. 62.) See § 8459%a, (3). (21) Allotment of pay—That the Secretary Of the Treasury be, and he is hereby, authorized to permit Officers and others of the Revenue-Cutter Service to make allotments from their pay, under such regula- tions as he may prescribe, for the support of their families or relatives, for their own savings, or for Other proper purposes, during Such time as they may be absent at sea, on distant duty, or under other cir- Cumstances Warranting such action. (June 11, 1896, C. 420, § 1, 29 Stat. 421.) See § 8459% a (3). (22) Officers’ pay accounts—Hereafter it shall not be necessary for any Commissioned Officer of the Revenue-Cutler Service to make Oath to his pay ac- counts. (June 23, 1906, c. 3520, § 5, 34 Stat. 453.) See § 8459% a, (3). (23) Retirement of officers—When any Officer in the Revenue-Cutter Service has reached the age of sixty-four years he shall be retired by the President from active service ; and When any officer has become in Capable of performing the duties Of his office he shall be either placed upon the retired waiting- Orders list or dropped from the Service by the Presi- dent, as horeinafter provided. (April 12, 1902, c. 501, § 4, 32 Stat. 100.) See § 8459% a (3). (24) Same; board; proceedings—The Secre- tary of the Treasury, under the direction. Of the Presi- dent, shall from time to time assemble a Revenue- Cutter Service retiring board, Composed of officers of the Revenue-Cutter Service and medical Officers of the Marine-Hospital Service, consisting of not less than five commissioned officers, two-fifths of whom & 84.59%b (24) (Tit. 55A. THE COAST GUARD EPage 1338] Shall be selected from medical Officers of the Marine- Hospital Service, for the purpose of examining and reporting on such officers of the Revenue-Cutter Serv- ice as may be Ordered by the Secretary of the Treas- ury to appear before it; and the members Of Said board shall be sworn, in every case, to discharge their duties honestly and impartially, the Oath to be administered to the members by the president of the board, and to him by the junior member or recorder; and such board shall inquire into and determine the facts touching the nature and Occasion of the disa- bility of any officer who appears to be incapable of performing the duties Of his Office, and shall have such powers as may be necessary for that purpose; and when the board finds an officer incapacitated for active Service it shall also find and report the Cause which in its judgment has produced his incapacity, whether such cause is an incident of service, whether due to his Own vicious habits, or the infirmities of age, or physical or mental disability. The proceed- ings and decisions of the board Shall be transmitted to the Secretary of the Treasury, and shall by him be laid before the President for his approval or disap- proval and his orders in the case. (April 12, 1902, c. 501, § 5, 32 Stat. 100.) See § 8459%a. (3). . (25) Same; to waiting-orders list—When a board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, or is due to the infirmities of age, or physical or mental disability, and not his own wi- cious habits, and such decision is approved by the President, he shall be retired from active Service and placed upon a retired waiting-Orders list. Officers thus retired may be assigned to such duties as they may be able to perform, in the discretion of the Secre- tary of the Treasury. (April 12, 1902, c. 501, § 6, 32 Stat. 101.) - See § 8459%a (3). (26) Removal for cause—When a board finds that an Officer is incapacitated for active service, and that Such incapacity is the result of his Own vicious habits and not due to any incident of service, and its decision shall be approved by the President, the of ficer shall be dropped from the service. (April 12, 1902, c. 501, § 7, 32 Stat. 101.) . See § 8459% a. (3). - (27) Retired pay of officers—All officers borne upon the retired or permanent waiting-orders list at the date of the passage of this Act, or hereafter, shall receive seventy-five per centum of the duty pay, Salary, and increase of the rank upon which they have been or may be retired: Provided, That no lon- gevity increase of pay shall be allowed for any length of Service accruing after retirement. (April 12, 1902, c. 501, § 9, 32 Stat. 101.) See §§ 8459%a (3), 84.59%b (28). (28) Captain commandant and engineer in chief; rank and pay on retirement—Any officer Who Shall hereafter serve as Captain commandant Shall, when retired, be retired with the rank of cap- tain Commandant and with the pay of a colonel in the Army on the retired list, and that an officer whose term of Service as captain commandant has expired may be appointed a senior captain and shall be an additional number in that grade, but if not so ap- pointed, he shall resume the lineal position he would have held in his previous grade, as an additional num- ber: Provided further, That any officer who shall hereafter Serve as engineer in chief shall, when re- tired, be retired with the rank of engineer in chief and With the pay of a lieutenant-colonel in the Army on the retired list, and that an officer whose term of Service as engineer in chief has expired may be ap- pointed a Senior engineer and shall be an additional number in that grade, but if not so appointed, he shall resume the lineal position he would have held in his previous grade, as an additional number. Addi- tional numbers in the grades of senior Captain and senior engineer shall at no time exceed two in each hundred and Seventy-six. grade on the active list. (April 16, 1908, c. 145, § 1, 35 Stat. 62.) . See § 8459%a (3). . (29) Civil war officers; rank and pay on re- tirement—Any officer of the Revenue-Cutter Serv- ice With a creditable record who served during the Civil War in the land or naval forces of the United States shall, when retired, have the rank and receive three-fourths of the duty pay and increase of the next higher grade; and the provisions of this sec- tion shall apply to officers of the said Service now On the retired list. (April 16, 1908, c. 145, § 5, 35. Stat. 62.) See § 8459%a, (3). - (30) Retired chief of division; rank and pay —The Captain now On the retired list who served as Chief of the division of Revenue-Cutter Service for ten years and until March twenty-sixth, nineteen hun- dred and five, shall have the rank and receive three- fourths of the duty pay and increase of the highest grade provided for in this Act. (April 16, 1908, c. 145, § 6, 35 Stat. 62.) - See § 8459%a (1–3). (31) Cadets; number; qualifications; exam- inations; obligation; dismissal—Hereafter the number of Cadets of the line allowed in the ReVenue- Cutter Service shall be such as to provide for filling the vacancies that may occur in the grade of third Iieutenant in said Service: Provided, That a perSOn to be eligible for appointment as a cadet of the line shall produce satisfactory evidence of good moral. character, shall be not less than eighteen nor more than twenty-four years of age at the time of appoint- ment, and shall pass a satisfactory physical examina- tion by a board of officers of the Public Health and Marine-Hospital Service, and a satisfactory educa- tional examination, which must in all cases be Writ- ten and strictly competitive, by a board of commis- Sioned Officers of the Revenue-Cutter Service, both ex- aminations to be conducted under Such regulations as shall be prescribed by the Secretary of the Treasury: Provided, That no person who has been dismissed or compelled to resign from the Military Academy or from the Naval Academy of the United States for hazing, or for any other improper conduct, shall be eligible for appointment as a cadet in the Revenue- Cutter Service: Provided, That no person shall be- come a cadet of the line who does not obligate him- self, in such manner as the Secretary of the Treasury may prescribe, to serve at least three years as an officer in said Service after graduation, if his serv- ices be so long required: And provided further, That the Secretary of the Treasury may summarily dis- miss from the Service any cadet who, during his pro- bationary term, is found unsatisfactory in either studies or Conduct, or may be deemed not adapted for a career in the Service. (June 23, 1906, c. 3520, § 2, 34 Stat. 452.) (32) [Repealed]. This was a provision of Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 429, that no additional appointments as Cadets or cadet engineers should be made in the Revenue-Cutter Service unless hereafter authorized by Congress. & It was expressly repealed by a provision of the naval ap- propriation act for the fiscal year 1917, Act Aug. 29, 1916, c. 417, 39 Stat. 601. (33) Cadets and cadet engineers; number— For every expenditure requisite for and incident to the authorized work Of the Coast Guard: For pay and allowances of * * not exceeding twenty-One cadets and Cadet engineers, who are hereby author- ized. (July 1, 1916, c. 209, § 1, 39 Stat. 274.) (34) Pay of cadets—On and after the passage of this Act the pay of . Cadets in the Revenue-Cutter Service shall be five hundred dollars per annum and One ration per day, in lieu of the rates at present authorized by law, chapter two hundred and forty- six, paragraph four, Act July thirty-first, eighteen (Aug. 18, 1894, c. 301, § 1, 28 Stat. 378.) See §§ 8459%a (3), 8459%b (31, 35). Ch. B) 3 8459%b (49) THE COAST GUARD [Page 1339] (35) Cadet engineers; probation term; pay; age—Hereafter appointments into the grade of [Sec- Ond assistant engineer] in the Revenue-Cutter Serv- ice shall be as at present, except that, before being Commissioned, the candidate who has successfully passed the required examinations shall serve a proba- tionary term of not less than six months as a cadet eligineer to determine his fitness for a Commission in said Service, and during which probationary term he shall receive a salary of seventy-five dollars per month and One ration per day: Provided, That no person Shall be commissioned a [second assistant engineer] Who is less than twenty-One or more than twenty- six years of age, nor until he shall have served the probationary term herein required. (June 23, 1906, c. 3520, § 3, 34 Stat. 452.) Text in brackets superseded by § 8459%b (13). (36) Enlisted force; term of enlistment—All persons composing the enlisted force of the Revenue- Cutter Service shall be enlisted for a term, not to ex- ceed three years, in the discretion of the Secretary of the Treasury, who shall prepare regulations gov- erning Such enlistments and for the general govern- ment of the Service. (May 26, 1906, c. 2556, § 1, 34 Stat. 200.) See § 8459%b (59, 60, 62-65). (37) Wages of petty officers and crews—The t wages of petty officers and seamen of the revenue- cutter service shall not exceed the average wages paid for like Services On the Atlantic Or Pacific COaStS, re- Spectively, in the merchant service. (R. S. § 2754.) See §§ 8459%a (3), 8459%b (38). (38) Increase of pay of enlisted force; length. of service; pay on waiting orders—The pay Of the enlisted force of the Revenue-Cutter Service Shall be increased twenty per centum Over the pay that they are now receiving. That all warrant and petty Officers Of the Revenue-Cutter Service Shall receive ten pez centum increase of pay for every five years of service as such warrant or petty officers, such increase not to exceed forty per centum of the pay of their grade or rating: Provided, That no warrant or petty offi- cer shall be appointed or rated as such without a suit- able examination or period of probation to determine his fitness for his grade or rating. That an enlisted man or a warrant or petty Officer who has served thirty years in the Serviće shall, upon suitable ap- plication, be placed on waiting orders and receive Seventy-five per centum of the pay and increase Of his grade or rating: Provided, That such enlisted man, warrant or petty officer may be assigned to such du- ties as he may be able to perform. (April 16, 1908, c. 145, § 8, 35 Stat. 62.) - See §§ 8459%a. (3), 8459%b (43), 8935, 9301. (39) Enlisted men; clothing allowance—An en- listed man upon first entering the Revenue-Cutter Service shall have credited to his account the Sum of forty-five dollars, and upon each subsequent enlistment the Sum of twenty dollars, for uniform clothing, and such amount shall be paid to said enlisted man at the expiration of his term of enlistment if he has Served a full term as prescribed by the Secretary Of the Treasury and has received an honorable discharge. (April 16, 1908, c. 145, § 11, 35 Stat. 63.) See § 8459%a. (3). (40) Same; clothing for—The Secretary of the Treasury is authorized to purchase from the appro- priation for the maintenance of the Revenue-Cutter Service uniform clothing for the enlisted men of said service, the same to be sold to the crews of vessels in Service: Provided, That the actual cost Of the cloth- ing thus sold to enlisted persons shall be withheld from their pay and repaid to said appropriation. (July 1, 1898, c. 546, § 1, 30 Stat. 604.) - See §§ 8459% a (3), 8459%b (39). (41) Rations; officers on duty—Each Officer of the revenue-Cutter Service, While on duty, shall be entitled to one Navy ration per day. (R. S. § 2755.) See §§ 8459%a (3), 8459%b (19). . (42) Same; contracts for—The Secretary of the Treasury may cause contracts to be made for the Sup- ply of rations for the Officers and men of the revenue- cutters. (IR. S. § 2756.) (42%) Same; sales of supplies to officers’ messes—Hereafter ration supplies may be purchased by the cabin, Ward-room, and Warrant Officers’ meSS- eS and payment therefor made in Cash to the COm- missary officer; the prices to be charged for Such Supplies shall not be less than the invoice prices, and the Cash received from Such sales Shall be a CCOunted for On the ration return and may be expended for the general mess. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 620.) (43) Burial of officers and men—Officers and men of the Revenue-Cutter Service dying in the serv- ice of the United States, or dying in a destitute Condi- tion after having been honorably discharged from the service, may be buried in any national Cemetery free of cost, under the regulations now or hereafter provided for the burial of officers and men of the Army in national cemeteries. (March 4, 1911, c. 285, § 1, 36 Stat. 1389.) - (44) Co-operation with the Navy—The revenue- Cutters shall, whenever the President so directS, CO- Operate with the Navy, during which time they shall be under the direction of the Secretary of the Navy, and the expenses thereof shall be defrayed by the Navy Department.T (R. S. § 2757.) - See § 8459% b (6). (45) Powers of Secretary of Treasury—The Secretary of the Treasury may direct the performance of any service by the revenue-vessels which, in his judgment, is necessary for the protection of the reve- nue. (R. S. § 2758.) * See § $459%b (47–51). (46). Same; changing stations of cutters— The Secretary Of the Treasury is hereby authorized from time to time to make Such transfer and Change Of stations of revenue Cutters as he may deem desirable for the best interests of the service, and in his dis- Cretion to direct any revenue Cutter to Cruise in any waters to perform the duties of the Revenue-Cutter Service. (April 21, 1910, c. 182, § 2, 36 Stat. 326.) (47) Cutters exclusively for public service— Hereafter revenue Cutters shall be used exclusively for the public service, and in no way for private pur- poses. (July 7, 1884, c. 332, 23 Stat. 199.) (48) Aid to vessels on the lakes—The revenue. Cutters On the northern and northwestern lakes, when put in commission, shall be specially charged with aiding vessels in distress on the lakes. (R. S. § 2759.) (48%) Medical and surgical aid to crews of fishing vessels;, detail of surgeons of Public Health Service—That the Secretary of the Treas- Ulry be, and he is hereby, authorized and directed to COnstruct One steam revenue Cutter. Of the first class for service in the Gulf of Mexico, at a cost not to exceed the sum of $250,000, and one steam revenue Cutter Of the Second class for Service on the Coast of Maine, at a cost not to exceed the sum of $225,000: Provided, That, in the discretion of the Secretary of the Treasury, any of the revenue Cutters provided for in this Act, or any other revenue cutter now or hereafter in Commission may be used to ex- tend medical and Surgical aid to the crews of Ameri- can vessels engaged in the deep-sea fisheries, under Such regulations as the Secretary of the Treasury may from time to time prescribe, and the said Secre- tary is hereby authorized to detail for duty on revenue cutters such surgeons and other persons of the Pub- lic Health Service as he may deem necessary. (June 24, 1914, c. 124, 38 Stat. 387.) (49) Tug to aid vessels on north Pacific coast— There shall be constructed, for and under the super- vision of the Revenue-Cutter Service, a first-class Ocean-going tug, for Service in saving life and prop- erty in the vicinity of the north Pacific coast of the United States, which said tug shall be equipped with Wireless-telegraph apparatus, surfboats, and such of U , 3 8459%b (50) (Tit. 55A THE COAST GUARD [Page 1340] * . er modern life and property saving appliances as may be deemed useful in assisting vessels and rescu- ing persons and property from the perils of the Sea at a cost not to exceed one hundred and seventy thou- Sand dollars. (April 19, 1906, c. 1640, § 2, 34 Stat. 123.) (50) Tug to co-operate with life-saving sta- tion—Said tug shall be manned and operated by the Revenue-Cutter Service, and, under such regulations as the Secretary of the Treasury may prescribe, shall Cooperate with the life-saving station hereby author- ized to be established. (April 19, 1906, c. 1640, § 3, 34 Stat. 123.) - (5.1) Removal of derelicts—The Secretary Of the Treasury is hereby authorized to have constructed, at a cost not to exceed two hundred and fifty thousand dollars, a steam vessel specially fitted for and adapt- ed to service at sea in bad weather, for the purpose Of blowing up or otherwise destroying or to Wing into port wrecks, derelicts, and Other floating dangers to navigation, said vessel to be operated and maintained by the Revenue-Cutter Service under such regula- tions as the Secretary of the Treasury may prescribe. (May 12, 1906, c. 2454, 34 Stat. 190.) (52) Powers and duties of officers of cutters— The Officers Of the revenue-Cutters shall respectively be deemed Officers Of the Customs, and shall be subject to the direction of such Collectors of the revenue, Or Other officers thereof, as from time to time Shall be designated for that purpose. They shall go on board all vessels Which arrive Within the United States Or within four leagues of the Coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the manifests required to be on board Certain Vessels, shall affix and put proper fastenings on the hatches and other communications with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. (R. S. § 2760.) (53) Returns—The master of any revenue-Cutter shall make a Weekly return to the Collector, Or Other Officer Of the district under Whose direction it is placed, of the transactions Of the cutter, Specifying the vessels that have been boarded, their names and descriptions, the names Of the masters, from What port Or place they last sailed, whether laden Or in ballast, to what nation belonging, and whether they have the necessary manifests Of their Cargoes On board, and generally all such matters as it may be necessary for the Officers of the customs to know. (R. S. § 276.1.) (54) Further duties of officers—The Officers of revenue-Cutters shall perform, in addition to the du- ties hereinbefore prescribed, such other duties for the collection and security of the revenue as from time to time shall be directed by the Secretary of the Treasury, not contrary to law. (R. S. § 2762.) See §§ 366, 903, 3615–3621, 8462, 9150. (55) Employment of small boats—The Collec- tor of each district may, with the approval of the Secretary of the Treasury, provide and employ such Small Open row and sail boats, and persons to serve in them, as shall be necessary for the use Of the sur- Veyors and inspectOrS in going On board Of Vessels and Otherwise, for the better detection Of frauds. (R. S. § 2763.) (56) Motor boat for Corpus Christi—The Sec- retary of the Treasury be, and he is hereby, authoriz- ed and directed to construct or purchase one gaso- line motor boat, for Service in the customs Collection district of Corpus Christi, Texas, at a cost not to exceed the sum of six thousand dollars: Provided, That the Secretary of the Treasury may use this boat elsewhere than at Corpus Christi as the exigen- Cies of the service may require. (Feb. 10, 1913, c. 35, 37 Stat. 665.) . - (57) Ensigns and pendants—The cutters and boats employed in the Service of the revenue shall scribed by the President. be distinguished from other vessels by an ensign and pendant, with such marks thereon as shall be pre- If any Vessel Or boat, not employed in the service of the revenue, shall, within the jurisdiction of the United States, carry or hoist any pendant Or ensign prescribed for vessels in such Service, the master of the vessel so offending shali be liable to a penalty Of One hundred dollars. {R. S. § 2764.) - (58) Immunities of officers—Whenever any ves-, Sel liable to seizure or examination does not bring-to, On being required to do SO, Or on being chased by any Cutter Or boat which has displayed the pendant and enSign prescribed for vessels in the revenue service, the master of such cutter or boat may fire at or into Such Vessel which does not bring-to, after such pend- ant and ensign has been hoisted, and a gun has been fired by such cutter or boat as a signal; and such master, and all persons acting by or under his direc- tion, Shall be indemnified from any penalties or ac- tions for damages for so doing. If any person is kill- ed Or Wounded by such firing, and the master is prosecuted Or arrested therefor, he shall be forthwith admitted to bail. (R. S. § 2765.) (59) Punishment by commander—No comman- der of a vessel of the Revenue-Cutter Service Shall in- flict upon any Commissioned Or Warrant Officer under his Command any Other punishment than private reprimand, suspension from duty, arrest, or confine- ment, and such suspension, arrest, or confinement Shall not Continue longer than ten days, unless a fur- ther period be necessary to bring the offender to trial; nor shall he inflict or cause to be inflicted up- on any other person under his Command for a single Offense, Or at any One time, any other punishment than confinement, with or without single irons, on board ship ; confinement, on bread and water, with Or without single irons, on board ship; deprivation Of liberty on shore for a period not exceeding three months; extra duties, and, in case of absence with- Out leave falling short of desertion, forfeiture of two days’ pay for each day of unauthorized absence: Provided, That such confinement shall not continue longer than ten days, unless further confinement be necessary to bring the Offender to trial, and, When On bread and water, a full ration shall be served every third day: Provided, That all punishments inflicted by the commander or by his Order, except reprimand, shall be fully entered upon the ship’s log. (May 26, 1906, c. 2556, § 2, 34 Stat. 200.) See § 8459% a (2). (60) Revenue-Cutter Service courts; jurisdic- tion; punishment—Offenses against the discipline of the Revenue-Cutter Service too grave in Character to be adequately dealt with directly by the Commanding officer, as hereinbefore provided, may be punished by Revenue-Cutter Service courts, to be convened by or under the direction of the Secretary Of the Treasury. Such courts shall Consist of not less than three COm- missioned officers of the Revenue-Cutter Service, and shall, under rules approved by the Secretary of the Treasury, be governed in their organization and pro- cedure substantially in accordance with naval Courts, but the jurisdiction of Revenue-Cutter Service Courts shall be limited to the following Offenses, namely: Disobeying lawful order of superior officer, refusing to obey lawful order of superior Officer; striking, as- saulting, or attempting or threatening to Strike Or assault a superior officer while in the execution of the duties of his office; drunkenness On duty; drunken- ness; gambling ; misuse of Government property Or supplies; fraudu- lently signing vouchers; theft in an amount under one hundred dollars; scandalous conduct tending to the destruction of good morals; desertion ; neglect of duty; conduct unbecoming an Officer and a gentleman; malicious or willful destruction of pub- lic property; aiding or enticing others to desert; misappropriation of mess funds ; absence . from duty without leave or after leave has expired ; ; * Ch. C) * 8459%b(65) THE COAST GUARD [Page 1341|| smuggling liquor on board a vessel of the Revenue- Cutter Service; Cruelty toward or oppression Or mal- treatment of any subordinate person in the Service; using obscene or abusive language; violating or re- fusing obedience to any lawful order or regulation issued by the Secretary of the Treasury or the Presi- dent. Such courts shall have power to impose upon a commissioned Officer none other than the following punishments, namely: Summary dismissal from the Service; Suspension from duty for a period of two years or any part thereof upon reduced pay, which Shall in no Case be less than One-half nor more than three-fourths of the duty pay of such officer; re- duction of rank in his own grade; retention of his present number on the official register for a specified time; imprisonment for a period not to exceed two years; Official reprimand. The Only punishments that may be imposed by such courts upon any per- son in the Revenue-Cutter Service other than a com- missioned Officer shall be the following, namely: Dis- honorable discharge ; forfeiture of not to exceed two months’ pay; imprisonment on land for a period not to exceed One year; Confinement aboard ship not to exceed One month ; confinement in single irons, on bread and water, or on diminished rations, not ex- Ceeding thirty days, but a full ration shall in all cas- es be given at least every third day; single irons; reduction to next inferior rating ; dep- rivation of liberty for a period not to exceed three months; extra duties, and the imposing of these pun- ishments will be regulated in accordance with rules prescribed by the Secretary of the Treasury. A com- missioned officer of the said Service may be designat- ed by the convening authority as official prosecutor to prosecute the case in the interest Of the Govern- ment, and Whose general powers and duties will be prescribed by the Secretary of the Treasury. The proceedings, findings, and sentences of Revenue-Cut- ter Service courts shall be subject to review by the Secretary Of the Treasury, as the convening authori- ty, and, the records of such courts shall be filed in the division of Revenue-Cutter Service, Treasury De- partment, and no sentence of such court shall be car- ried into effect until approved by the said Secretary: Provided, That in the case of a commissioned officer a Sentence of dismissal shall not be carried into effect until approved by the President of the United States. (May 26, 1906, c. 2556, § 3, 34 Stat. 200.) See § 8459%a (2). (61) Administration of oaths-The presidents and recorders Of Revenue-Cutter Service courts and COmmanding Officers of vessels of the Revenue-Cutter Service be, and are hereby, authorized to administer Oaths Of allegiance and such other oaths as may be necessary for the proper conduct of said Service; and that Commanding officers of vessels of the Revenue- Cutter Service be, and are hereby, authorized to ad- inister Oaths generally in Alaska. (April 16, 1908, c. 145, § 12, 35 Stat. 63.) - See § 8459%a (2). (62) Place of imprisonment—The Secretary of the Treasury may designate, as the place of execu- tion of the sentence of a Revenue-Cutter Service court involving imprisonment, any prison or penitentiary that receives Federal prisoners. (May 26, 1906, c. 2556, § 4, 34 Stat. 201.) See § 8459%a (2). * - (63) Desertion—It shall be lawful for the com- manding Officer of a vessel of the Revenue-Cutter Service to apprehend and arrest or cause to be ap- prehended and arrested, by the force under his com- mand, a deserter from the Revenue-Cutter Service wherever found, and shall have authority to call upon all persons to assist in such arrest, and all persons So assisting are hereby invested with the power and authority of deputy United States mar- Shals, and Shall deliver the Offender on board of the vessel from which he deserted: Provided, That a re- Ward for the apprehension and delivery of a desert- GOffilièment in T er from the Revenue-Cutter Service, as hereinbefore provided, not to exceed fifteen dollars, may be offered by the Commanding officer of the vessel from which the person deserted, and this reward, or any part thereof, may be deducted and paid from money due said deserter: Provided, That no person who has deserted from the Revenue-Cutter Service shall after- wards be employed in said Service, or enlisted in any Other military or naval Service under the United States, unless he shall have delivered himself aboard the vessel from which he deserted, or been apprehend- ed, and the disability shall have been removed by a board Of commissioned Officers Of the Said Service COnvened for a consideration. Of the case, and the ac- tion Of the said board shall bave been approved by the Secretary of the Treasury. (May 26, 1906, c. 2556, § 5, 34 Stat. 201.) See § 8459%a (2). , (64) Jurisdiction of civil authorities; offenses against diseipline—The jurisdiction conferred by this Act for the punishment of Offenses against the discipline Of the Revenue-Cutter Service shall not be regarded. as exclusive, but Offenders may, in the dis- Cretion of the Secretary of the Treasury, be turned Over to the civil authorities for trial by any court having jurisdiction of the Offense. (May 26, 1906, c. –2556, Š-6, 34–Stat. 20.1.). See § 8459%a, (2). (65) Sanae; offenses against other iaws—For of fenses against the laws of the United States other than those Specified in this Act, offenders shall be turned over to the civil authorities for trial. (May 26, 1906, c. 2556, § 7, 34 Stat. 201.) See § 8459%a (2). Chapter C–The Life-Saving Service See note at beginning of Title. Sec. 8460. [Superseded.] 8461. Duties of General Superintendent. 8462. Revenue Marine officers as inspectors. 8463. Traveling expenses of officers of Revenue-Cutter Serv- ice detailed for duty in Life-Saving Service. 8464. Investigation of shipwrecks with loss of life. 8465. Regulations for Service. 8466. Disposal of condemned articles of Service. 8467. Disposition of proceeds of sale of condemned materials of Service. - - º 8468. Transfer of books from Treasury Department Library * to life-saving stations. 8469. Life-saving stations; coasts of Long Island and New Jersey. 8470. Same; at light-houses. - 8471. Same; on different coasts. * 8472. Same; enumerated points. 8473. Same; at Eaton’s Neck and at Point Judith. 8474. Same; additional stations; district superintendent for coast on Gulf of Mexico; salary; keepers. 8475. Same; at Louisville, Kentucky. 8476. Same; near Louisville, Kentucky. 8477. Same; additional stations. - 8478. Same; On Morris Island transferred to Sullivans Island. 8479. Same; additional stations. 8480. Same; on Nantucket Island, Massachusetts. 8481. Same; additional stations. 8482. Same; on coast of Delaware or Maryland. 8483. Same; at mouth of Saint George River, Maine. 8484. Same; at mouth of Coquille River, Oregon. 8485. sº at Brant Rock, Massachusetts and Port Orford, regOn. 8486. Same; at Gay Head, Massachusetts. 8487. Same; at Rocky Point, Long Island. 8488. Same; at City Point, Boston Harbor. - 8489. Same; at City Point, Boston Harbor; organization. .8490. Same; at Point Bonita, California. 8491. Same; at Port Huron, Michigan. 8492. Same; on coast between the Hampton and Merrimac TiVers 8493 sº between Fenwick Island and Ocean City, Mary- land. - 8494. Same; at Great Boars Head, New Hampshire. 8495. Same; at Point Arena, California. 8496. Same; in harbor of Gloucester, Massachusetts. 8497. Same; at Charlevoix, Michigan. 8498. Same; at Charlevoix, Michigan; organization. 8499. Same; at Nahant, Massachusetts. 8500. Same; at Bogue Inlet, North Carolina. 8501. Same; on Ocracoke Island, North Carolina. 8502. Same; at Ocracoke Island, North Carolina; equipments and appliances. \. 8503. Same; On Monomoy Island, Massachusetts. “ § 8460 (Tit. 55A THE COAST CHUARD IPage 13421 - - Sec. - 8504. Same; at mouth of Black River, Ohio. 8505. Same; on coast of Delaware. 8506. Same; at or near Eagle Harbor, Michigan. 8507. Same; at or near entrance to Tillamook Bay on coast of Oregon. - 8508. Same; at Nome, Alaska. 8509. Same; at or near Neah Bay, Washington. 8510. Same; at or near Greenhill, Rhode Island. 8511. Same; at point on Isles of Shoals, New Hampshire. 8512. Life-saving apparatus at Farallone Islands, California. 8513. Same; detail of surfman for instruction in use and Care Of. 8514. Stations; additional stations. 8514a. Same; in vicinity of Duxbury Reef, or Bolinas Bay, California. 8514b. Same; at mouth of Suislaw River, Oregon. 85.14c. Same; at Barataria Bay, La. 8515. Acquisition of sites for stations. 8516. Location and care of boats. Discontinuance of stations. 8518. Transfer of apparatus. 85.19. Superintendents and keepers; instructions. 8520. District superintendents; appointment; powers; duties. 8521. Same; appointment for Gulf of Mexico. t 8522. Same; as disbursing officers; bonds; powers; duties. 8523. Appointments made only for fitness. 8524. Compensation of district superintendents; number and boundaries of districts. 8525. Thirteenth life-saving district to include coast of Alaska. 8526. Compensation of district superintendents. - - 8527. Compensation of clerks to district superintendents. 8528. Keepers; appointment. 8529. Same; compensation. - 8530. Rations for keepers of life-saving stations and surfmen, and commutation thereof. * - 8531. Powers of keepers; protection of shipwrecked property; residence. - - - 8532. Cº., of surfmen on Long Island and New Jersey COa.St.S. - * 8533. Keepers on coast of Cape Cod and Rhode Island. 8534. Crews on Pacific Coast. §35. Length of time stations to be open; residence and com- pensation of crews. 8536. Compensation of crews. 8537. Computation of pay of surfmen. 8538. Pay of number one surfmen. 8539. Drill of enrolled crews; compensation. 8540. Volunteer crews; regulations; compensation; medals. 8541. Same; duty; compensation. 8542. Compensation to disabled keepers or members of crews during disability. - 8543. Pensions to widows and children and dependent moth- ers of deceased keepers or members of crews. 8544. Medals of honor. - - 8545. Bestowal of life-saving medals. 8546. Gold and silver medals; additional tokens of honor. 8547. When and on whom medals bestowed. § 8460. [Superseded.] This section, which was Act June 18, 1878, c. 265, § 6, 20 Stat. 164, read as follows: “The President of the United. States may, by and with the consent of the Senate, ap- point a suitable person, who shall be familiar with the various means employed in the Life-Saving Service for the saving of life and property from shipwrecked vessels, as general superintendent of the Life-Saving Service, who shall, under the immediate direction of the Secretary of the Treasury, have general charge of the service and of all administrative matters connected there with, and whose compensation shall be at the rate of four thousand dol- lars per annum; and the Secretary of the Treasury is all- thorized to appoint an assistant to the general Superin- tendent, whose compensation shall be two thousand five hundred dollars per annum.” It was superseded by Act Jan. 28, 1915, c. 20, § 4—ante, $ 8459%a, (4)—which provides for the abolition of the grades of general Superintendent and assistant general superintendent upon the completion of the organization of the Coast Guard. § 8461. Duties of General Superintendent–It shall be the duty of the general Superintendent to Su- pervise the Organization and government of the em- ployees of the service; to prepare and revise regula- tions therefor as may be necessary; to fix the number and compensation of surfmen to be employed at the several stations within the provisions of law; to supervise the expenditure of all appropriations made for the support and maintenance of the Life-Saving- Service; to examine the accounts of disbursements Of the district superintendents, and to certify the same to the accounting-officers of the Treasury Department; to examine the property returns of the keepers of the Several stations, and see that all public property there- to belonging is properly accounted for; himself, as far as practicable, with all means employ- ed in foreign Countries which may seem to advantage- ously affect the interests of the service, and to cause to acquaint to be properly investigated all plans, devices, and in- ventions for the improvement of life-saving apparatus for use at the stations, which may appear to be meri- torious and available; to exercise supervision over the Selection of Sites for new stations the establish- ment of which may be authorized by law, or for old ones the removal of which may be made necessary by the encroachment of the sea or by other causes; to prepare and submit to the Secretary of the Treas- ury estimates for the support of the service, to col- lect and compile the statistics of marine disasters con- templated by the act of June twentieth, eighteen hun- dred and seventy-four; and to submit to the Secre- tary of the Treasury, for transmission to Congress, an annual report of the expenditures of the moneys appropriated for the maintenance Of the Life-Saving Service, and of the Operations of said service during the year. (June 18, 1878, c. 265, § 7, 20 Stat. 164.) See §§ 7975–7978, 8.459%a (2, 4). - § 84.62. Revenue Marine officers as inspectors —The Secretary of the Treasury may detail such of ficer or Officers of the Revenue Marine Service as may be necessary, to act as inspector and assistant in- spectors of stations, who shall perform such duties in connection with the conduct of the Service as may be required of them by the general superintendent. (June 18, 1878, c. 265, § 8, 20 Stat. 164.) $ 8463. Traveling expenses of Revenue-Cutter Service detailed for duty in Life-Saving Service—Officers of the Revenue-Cutter Service detailed for duty in the Life-Saving Service shall not be entitled to mileage when traveling On duty Connected with said Life-Saving Service, but shall receive actual nécessary traveling eXpenses. (July 1, 1902, c. 1351, 32 Stat. 558.) - $ 84.64. Investigation of shipwrecks with loss of life—Upon the occurrence of any shipwreck within the scope of the operations of the Life-Saving Service, attended with loss of life, the [general superintendent] shall cause an investigation of all the circumstances Connected with said disaster and loss Of life to be made, with a view of ascertaining the cause of the disaster, and whether any of the Officers Or employees of the service have been guilty of neglect Or miscOn- duct in the premises; and any officer or clerk in the employment of the Treasury Department who may be detailed to conduct such investigation, Or to examine into any alleged incompetency or misconduct of any of the officers or employees of the Life-Saving Serv- ice, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. (June 18, 1878, c. 265, § 9, 20 Stat. 164.) - Text in brackets superseded by § 8459%a (4). § 845.9%a (1, 2). § 8465. Regulations for Service—The Secretary of the Treasury is hereby authorized to make all jmecessary regulations for the government of the Life-Saving Service not inconsistent with law. (June And see 20, 1874, c. 344, § 8, 18 Stat. 127.) § 84.66. Disposal of condemned articles of Service–The Secretary of the Treasury is hereby au- thorized to dispose of, to the best advantage, after due Condemnation by board of Survey, such articles or ma- terials belonging to the Life-Saving Service as may, from long continued use or other cause, become un- Serviceable and the proceeds Of Such Sale shall be covered into the Treasury. (June 20, 1874, c. 344, § 9, 18 Stat. 127.) - § 8467. Disposition of proceeds of sale of condemned materials of Service—All moneys re- ceived from the sale of Old Stations and equipments and other material Condemned by a board of survey as unserviceable may be expended in rebuilding or improving and equipping stations. (June 18, 1878, c. 265, § 3, 20 Stat. 163.) - $ 8468. Transfer of books from Treasury De- partment Library to life-saving stations—That the Secretary of the Treasury be, and he is hereby, officers of Ch. C) § 8474 THE COAST GUARD IPage 1343] authorized, in his discretion, to transfer, from time to time, from the Treasury Department library to the life-saving stations of the United States, such books as in his judgment may be no longer needed for use in said library. (Dec. 11, 1908, c. 1, 35 Stat. 581.) § 84.69. Life-saving stations; coasts of Long Island and New Jersey–The Secretary of the Treas- ury may establish such stations on the Coast of Long Island and New Jersey, for affording aid to ship- wrecked vessels thereon, and may make such Changes in the location of the existing stations, and make such repairs and furnish such apparatus and Sup- plies, as may, in his judgment, be best adapted to the preservation of life and property from such ship- wrecked vessels. (R. S. § 4242.) § 84.70. Same; at light-houses—The Secretary of the Treasury may also establish such stations at such light-houses as, in his judgment, he shall deem best, and the keepers of such lights shall take Charge of such boats and apparatus as may be put in their charge respectively, as a part of their official. duties. (R. S. § 4245.) - (R. S. § 4248. Superseded.) See note at beginning of this Title. § 8471. Saxme; on different coasts—The Secre- tary of the Treasury shall provide for the establish- ment of ten life-saving stations on the coasts of Maine, New Hampshire;-and- Massachusetts, Virginia, -| and North Carolina, at such points as he may deem necessary, for the saving of life and property on Said coasts: Provided, That all life-saving stations here- after erected, shall be erected under the SuperVision of two captains of the revenue service, to be desig- nated by the Secretary of the Treasury, and to be under his direction. (R. S. § 4249.) § 8472. Same; enumerated points—The Secre- tary of the Treasury is hereby authorized to estab- lish life-saving stations, life-boat stations, and houses of refuge, for the better preservation of life and property from shipwreck, at or in the vicinity of the following-named points upon the sea and lake coasts Of the United States, namely: ON THE COAST OF DELAWARE Cape Henlopen, a complete life-saving station; In- dian River, a complete life-saving station. - ON THE COAST OF MARYLAND Green Run Inlet, a complete life-saving station. ON THE COAST OF VIRGINIA Chincoteague, a complete life-saving station; Watch- apreague Inlet, a Complete life-saving station; Hog " Island, a complete life-saving station; Sandy Shoal Island, a complete life-saving station; Smith’s Island, a complete life-saving station. ON THE COAST OF FLORIDA About eighteen miles north of Indian River Inlet, a house of refuge; Gilbert's Bar, a house of refuge; near Orange Grove, a house of refuge; between Hills- borough and New River Inlet, a house of refuge; about ten miles South of New River Inlet, a house of refuge. ' ON THE COAST OF WASHINGTON TERRITORY Neah Bay, a life-boat station; Shoalwater Bay, a life-boat station; Cape Disappointment, a life-boat station. ON THE COAST OF OREGON Cape Arago, a life-boat station. ON THE COAST OF CALIFORNIA Humboldt Bay, a life-boat station; between Point Lobos and Point San Pedro, a life-boat station; Point Concepcion, near the light-house, a life-boat station. ON THE COAST OF LAKE ONTARIO Mexico Bay, about seven miles westward of Stony Point, a Complete life-saving Station; Mexico Bay, about seven miles eastward of Nine Mile Point, a complete life-saving station; Oswego, a life-boat sta- tion; Charlotte, a life-boat Station. ON THE COAST OF LAKE ERIE Buffalo, a life-boat station; Presque Isle, a complete life-saving station ; Fairport, a life-boat station; Cleveland, a life-boat station ; Marblehead, (Sandus- ky,) a life-boat station. ON THE COAST OF LAKE EIURON Point aux Barques, a complete life-saving station ; Tawas, a complete life-saving station ; Sturgeon Point, a complete life-saving station; North Point, Thunder Bay, a life-boat station ; Forty-Mile Point, a complete life-saving station. ON THE COAST OF LAKE MICHIGAN Beaver Island, a life-boat station; North Manitou Island, a life-boat station ; Point aux Bec Scies, a complete life-saving station ; Grande Pointe au Sau- ble, a complete life-saving station. Grand Haven, a life-boat station ; Saint Joseph’s, a life-boat station ; Chicago, a life-boat station ; Grosse Point, a COm- plete life-saving station ; Racine, a life-boat Station ; Milwaukee, a life-boat station; Sheboygan, a life-boat station; Twin Rivers Point, a life-boat station. ON TELE COAST OF LAKE SUPERIOR Between White Fish Point and Point au Sauble, four complete life saving stations. (June 20, 1874, c. 844, § 1, 18 Stat. 125.) - § 8473. Same; at Eaton’s “Neck and at Point Judith—For new life-saving stations on Long Island Sound, one at Eaton's Neck, and one at Point Judith. (March 3, 1875, c. 130, § 1, 18 Stat. 371.) .ş 8474. Same; additional stations; disºriet superintendent for coast on Gulf of Mexico; sal- ary; keepers—The Secretary of the Treasury is here- by authorized to establish additional life-saving and life-boat stations at or near the following-named points upon the sea and lake coasts of the United States, namely: One complete life-saving station at Cranberry Isles, Maine; One complete life-saving station at Or near Scituate, Massachusetts; one complete life-saving sta- tion at or near Watch Hill, Rhode Island; one com- plete life-saving station on the coast of Delaware be- tween Cape Henlopen and Indian River; two COm- plete life-saving stations on the coast of Maryland, to be located, one between Indian River and Green Run, and one between Green Run and Chincoteague ; fifteen complete life-saving stations on the Coasts of Virginia and North Carolina, ten of them to be locat- ed at intermediate points between the existing Sta- tions, three between the southernmost existing station and EHatteras Inlet, one at or near Cape Lookout, and one at or near Cape Fear Point; five complete life- stations on the coast of Texas, to be located, One at Or near Sabine Pass, one on Galveston Island, near West end, one at or near Pass Cavallo, one at or near Aran- zas Pass, and one at Brazos Santiago, and One life boat station on Galveston Island, near east end ; two complete life-saving stations on the Coast of Lake Michigan, to be located, one at or near Sleeping Bear Point, and one at or near Bayley’s Harbor, and four life-boat stations to be located, one at or near Manis- tee, one at Ludington, one at or near Muskegan, and one at Kenosha ; one life-boat station on the Coast of Lake Superior, at or near the mouth of Portage Lake and Lake Superior Ship Canal; two Complete life-saving stations on the coast of Lake Huron, One at or near Port Austin and one on Middle Island, and a life-boat station at or near Sand Beach Harbor of Refuge; and on the coast of California, a life-boat sta- tion at Bolinas Bay, in place of that authorized to be established at Point Reyes by the act of June tWen- tieth, eighteen hundred and seventy-four, entitled “An act to provide for the establishment of life-saving Sta- 3 8475 (Tit. 55A THE COAST GUARD [Page 13441 tions and houses of refuge upon the sea and lake coasts of the United States, and to promote the effi- ciency of the Life-Saving Service.” (June 18, 1878, C. 265, § 1, 20 Stat. 163.) § 8475. Same; at Louisville, Kentucky—The Secretary of the Treasury is hereby directed to estab- lish a life-saving station at Louisville, Kentucky, with such equipments and organization as he may think proper, and whatever amount is necessary for Said purpose is hereby appropriated out of any money not otherwise appropriated: Provided, That said amount shall not exceed the sum heretofore appropriated for such station. (March 2, 1881, c. 111, 21 Stat. 379.) § 8476. Same; near Louisville, Kentucky- For establishing new life-saving stations and life-boat stations on the sea and lake coasts of the United States, including a station at the Falls Of the Ohio River, near Louisville, Kentucky. (March 3, 1881, c. 133, § 1, 21 Stat. 435.) § 8477. Same; additional stations—The Secre- tary of the Treasury is hereby authorized to establish additional life-saving stations and houses of refuge upon the sea and lake coasts of the United States as follows, namely: -- ON THE ATLANTTC COAST A life-saving station at or near Damariscove Island, Maine; one at or near Hunniwells Beach, Maine; one at or near the entrance to Portland Harbor, Maine; one at or near the entrance to “Portsmouth Harbor, New Hampshire; one on Cape Ann, Massachusetts; One between Cohasset and Scituate EIarbors, Massachu- setts; one at or near Wood End; and one in the Wi- cinity of Peaked EHill Bars, Cape Cod, Massachusetts; two in the neighborhood of Nantucket and adjacent islands, Massachusetts; one at or near Brenton’s Point or Beaver Tail, Rhôde Island; one on Brigan- tine Beach and one on Seven-Mile Beach, New Jersey; One at or near Lewes, Delaware; five on the Coast be- tween Cape Eſenlopen and Cape Charles, at Such points between existing stations as the General Su- perintendent of the Life Saving Service may recom- mend ; One between stations numbered seventeen and eighteen, and One between station numbered twenty- One and twenty-two ; One about three miles Southwest of Hatteras Inlet on the Coast of North Carolina ; Six houses of refuge on the eastern Coast of Florida, and two life-saving stations on the Atlantic Coast of Florida, one near Key West and One near Jupiter In- let, and one on the Gulf coast west of Apalachicola • River, at such points as the General Superintendent of the Life-Saving Service may recommentl; two life- saving stations On the coast of South Carolina, to be located by the General Superintendent at Or near the ports of Georgetown and Charleston ; a life-saving Station at Or near Quintana, Texas. ON TEIE COAST OF LAKE SUPERIOR A life-saving station at or near Grand Marais, Mich- igan. ON TEIE COAST OF LAKE MICEIIGAN A life-Saving station at or near Frankfort, Michi- gan ; One at Or near Pent Water, Michigan; one at or near the mouth of White River, Michigan; one at Or near EIolland, Michigan; one at or near South Haven, Michigan ; one at or near Michigan City, In- diana ; One at or near Sturgeon Bay Canal, Wisconsin. (May 4, 1882, c. 117, § 1, 22 Stat. 55.) $ 8478. Same; on Morris Island transferred to Sullivan's Island—The Secretary of the Treasury be, and he is hereby, authorized to transfer the Morris Island Life-Saving Station, near Charleston, South Carolina, to Sullivans Island, and for this purpose he may either Cause the present station buildings to be removed to a suitable site on Sullivans Island, or new buildings to be erected thereon, as shall appear for the best interests of the Government. (March 14, 1894, c. 38, 28 Stat. 43.) #3 § 84.79. Same; additional stations—The Sec- retary of the Treasury is hereby authorized to estab- lish additional life-saving stations upon the Sea and lake coasts of the United States, as follows: One at or near Point Allerton, Massachusetts; one at Such point between the Parmet River life-saving Station and the south end of Nansett Beach, Cape Cod, Massa- chusetts, as the General Superintendent of the Life- Saving Service may recommend; one at or near Cape POge, Massachusetts; one at Or near Cuttyhunk, Massachusetts; one on the northwest side of Block Island, Rhode Island; one on the coast between Point Judith and Watch Hill, Rhode Island; One On Fish- er's Island, Long Island Sound; one at or near Fish- erman's Island, Virginia; one at or near Oak Island, North Carolina; one at or near Old Topsail Inlet, North Carolina ; One at or near Plum Island, Lake Michigan; one at South Manitou Island, Lake Michi- gan ; one at South Chicago, Illinois; one at Or near Bois Blanc Island, Straits of Mackinaw ; One at Or near Duluth, Lake Superior; one at or near Point Adams, Oregon; one at Such point between Point Reyes and Point Diablo, California, as the [General Superintendent] of the Life-Saving Service may rec- ommend; one at such point between Point San JOSé and Point Lobos, California, as the [General Superin- tendent] of the Life-Saving Service may recommend ; One On Lake Ontario, New York, at or near the mouth of the Niagara River, as the [General Superintendent] of the Life-Saving Service may recommend. (June 19, 1886, c. 424, 24 Stat. 84.) Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). § 84.80. Same; on Nantucket Island, Massa- chusetts—The Secretary of the Treasury is hereby authorized to establish an additional life-Saving Stå- tion at Such point on Nantucket Island, Massachusetts, as the [General Superintendent] of the Life-Saving Service may recommend. (Oct. 1, 1888, c. 1060, 25 Stat. 500.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 8481. Saxme; additional stations—The Secre- tary of the Treasury is hereby authorized to establish a life-saving Station at the harbor of Kewaunee, State of . Wisconsin. That the Secretary of the Treasury be, and he is hereby, authorized to establish addi- tional life-saving Stations upon the Sea-Coast Of the United States, as follows: One near the entrance to Yaguina Bay, Oregon; One at or near the mouth Of the Umpqa River, Oregon; One between McKen- Zie's Head and Peterson’s Point near Loomis Place on the Head, Washington Territory; one on Peterson’s Point, at the entrance to Gray’s Harbor, Washington Territory, as the General Superintendent of the Life- Saving Service may recommend; one at or near Wal- les Sands, New Hampshire; one at or near Plum Island, Massachusetts; one at or near Lynn Haven Inlet, Virginia ; two between Ocracoke Inlet and Cape Lookout, North Carolina, at such points as the Gen- eral Superintendent of the Life-Saving Service may recommend ; one at or near Ashtabula, Ohio ; one at or near Marquette, Michigan ; one between the Ocean House, South Of the entrance to the harbor Of San Francisco, and Point San Pedro, California, at such point as the [General Superintendent] Of the Life- Saving Service may recommend. (Oct. 13, 1888, c. 1113, 25 Stat. 557.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 84.82. Same; on coast of Delaware or Mary's land—That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving sta- tion on the coast of Delaware or Maryland, at such point between Indian River Inlet, Delaware, and Ocean City, Maryland, as the [General Superintendent] of the Life-Saving Service may direct. (Oct. 18, 1888, c. 1195, 25 Stat. 560.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). And see And see And see Ch. C) & 8502 THE COAST GUARD [Page 1345] § 8483. Saxme; at mouth of Saint George Riv- er, Maine—That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving Station at Or near the mouth Of Saint George River, Maine, at Such point as the [General Superintendent] of the Life-Saving Service may recommend. (Feb. 23, 1889, c. 208, 25 Stat. 691.) Text, in brackets superseded by § 8459%a (4). And see § 84.59%a (1, 2). $ 8484. Same; at mouth of Coquille River, Oregon—That a life saving station be and is hereby established at mouth of Coquille River, in Coos Coun- ty, in the State of Oregon. (March 1, 1889, c. 323, 25 Stat. 470.) § 8485. Same; at Brant Rock, Massachusetts, and Port Orford, Oregon–The Secretary Of the Treasury may establish a life-saving station at Or near Brant Rock, On the Coast of Massachusetts, at Such a point as the [General Superintendent] Of the Life-Saving Service may recommend. Also One at or near Port Orford, on the coast of Oregon. (March 3, 1891, c. 542, § 1, 26 Stat. 948.) Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). § 8486. Same; at Gay Head, Massachusetts- That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving station at or near Gay Head, on the coast of Massachusetts, at Such point as the [General Superintendent] of the Life-Saving Service may recommend: Provided, That the Cost thereof shall not exceed the Sum Of ten thou- sand dollars. (Jan. 27, 1893, c. 50, 27 Stat. 426.) Text in brackets superseded by § 8459%a, (4). And see § 8459%a (1, 2). § 8487. Same; at Rocky Point, Long Island- That the Secretary of the Treasury be, and he here- by is, authorized to construct or cause to be Con- structed a proper and sufficient life-saving station at or near Rocky Point or East Marion, Long Island, New York, for the uses and purposes of the Life- Saving Service of the United States. (Aug. 23, 1894, c. 313, 28 Stat. 491.) § 8488. Same; at City Point, Boston Harbor— That the Secretary of the Treasury be, and he is hereby authorized to establish a life saving station at or near City Point, Boston Harbor, Massachusetts, in such locality as the [General Superintendent] of the Life-Saving Service may recommend. (Feb. 19, 1895, c. 103, § 1, 28 Stat. 672.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 8489. Šame; at City Point, Boston Harbor; organization—The character Of the equipments and appliances Of the Station, the number of men Con- stituting its Crew, and the portion of the year during which it shall be manned shall be determined by the [General Superintendent] of the Life-Saving Service. (Feb. 19, 1895, c. 103, § 2, 28 Stat. 672.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). $ 8490. Same; at Point Bonita, California— The Secretary of the Treasury is hereby authorized to establish a life-saving station at or near Point BOnita, at the Golden Gate, in the State of California. (May 18, 1896, c. 192, 29 Stat. 121.) $ 8491. Same; at Port Huron, Michigan—That the Secretary of the Treasury be, and is hereby, all- thorized to establish a life-saving station at or near Port Huron, on the coast of Lake Huron, in the State of Michigan, at such point as the [General Superin- tendent] Of the Life-Saving Service may recommend. (May 25, 1896, c. 244, 29 Stat. 138.) s Text, in brackets superseded by § 845914 a (4). § 8459%a (1, 2). $ 8492. Same; on coast between the Hamp- ton and Merrimac Rivers—That the Secretary of the Treasury be, and is hereby, authorized to estab- lish a life-saving station on the coast of New Hamp- COMP.ST.’18–85 And see And see And see Shire or Massachusetts at such point between the Hampton and Merrimac rivers, as the [General Su- perintendent] of the Life-Saving Service may recom- mend. (June 10, 1896, c. 406, 29 Stat. 385.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 8493. Sarme; between Fenwick Island and Ocean City, Maryland—That the Secretary of the Treasury be, and he is hereby, authorized to estab- lish a life-saving station on the coast of Maryland, between the Fenwick Island and the Ocean City life- saving stations, at such point as the [General Super- intendent] of the Life-Saving Service may recom- mend. (Jan. 30, 1897, c. 110, 29 Stat. 507.) Text in brackets superseded by § 8459%a (4). . § 8459%a (1, 2). § 8494. Same; at Great Boars Head, New Hampshire–That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving station at or near Great Boars Head, On the Coast Of New Hampshire. (Feb. 13, 1897, c. 223, 29 Stat. 527.) $ 8495. Same; at Point Arena, California- The Secretary of the Treasury is hereby authorized to establish a life-saving station at or near Point Arena, Mendocino County, in the State of California. (Feb. 18, 1897, c. 251, 29 Stat. 536.) º § 8496. Same; in harbor of Gloucester, Mas- sachusetts—That the Seeretary—of the Treasury be, and he is hereby, authorized to establish a life-saving station on the westerly side of the harbor of Glouces- ter, Massachusetts, at Such point as the [General Su- perintendent] of the Life-Saving Service may recom- mend. (May 14, 1898, c. 297, 30 Stat. 406.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 8497. Same; at Charlevoix, Michigan-That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving station at Or near Charlevoix, Michigan, in such locality as the [General Superintendent] of the Life-Saving Service may recommend. (June 15, 1898, c. 451, § 1, 30 Stat. 471. 're in brackets superseded by § 8459%a (4). § 8459%a (1, 2). § 8498. Šame; at Charlevoix, Michigan; or- ganization—The character of the equipments and appliances of the station, the number of men COInsti- tuting its crew, and the portion of the year during which it shall be manned, shall be determined by the [General Superintendent] of the Life-Saving Service. (June 15, 1898, c. 451, § 2, 30 Stat. 471.) And see And see And see And see Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). § 8499. Same; at Nahant, Massachusetts— The Secretary of the Treasury is hereby authorized to establish a life-saving station at or near Nahant, Massachusetts, at such point as the [General Superin- tendent] of the Life-Saving Service may recommend. (July 1, 1898, c. 546, § 1, 30 Stat. 604.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). $ 8500. Same; at Bogue Inlet, North Caro- Hina—That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving sta- tion at or near Bogue Inlet, North Carolina, in such locality as the [General Superintendent] of the Life- Saving Service may recommend. (March 10, 1902, c. 143, 32 Stat. 58.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). $ 8501. Same; on Ocracoke Island, North Carolina—That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving sta- tion on Ocracoke Island near Ocracoke Inlet, on the coast of North Carolina, at such point as the [Gener- al Superintendent] of the Life-Saving Service may recommend. (April 12, 1902, c. 502, § 1, 32 Stat. 101.) Text in brackets superseded by § 84594%a (4). And see § 8459%a (1, 2). $ 8502. Same; at Ocracoke Island, North. Carolina; equipments and appliances—The char- And see And see # 8502 (Tit. 55A. THE COAST GUARD IPage 1346] - - acter of the equipments and appliances of the station and the station building shall be determined by the [General Superintendent] of the Life-Saving Serv- ice. (April 12, 1902, c. 502, § 2, 32. Stat. 101.) Text, in brackets superseded by § 8459%a (4). And see § 84.59%a (1, 2). $ 8503. Same; on Monomoy Island, Massa- chusetts—That the Secretary of the Treasury be, and he is hereby, authorized to establish an addi- tional life-saving station on Monomoy Island, Massa- chusetts, at such point as the [General Superintend- ent] of the Life-Saving Service may recommend. (June 3, 1902, c. 984, 32 Stat. 285.) Text in brackets superseded by $ 8459%a (4). § 8459%a (1, 2). . . $ 8504. Same; at mouth of Black River, Ohio—That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving sta- tion at the mouth of Black River, at or near the City of Lorain, Ohio, at such point as the [General Su- perintendent] of the Life-Saving Service may recom- mend. (March 3, 1903, c. 993, 32 Stat. 982.) - Text in brackets superseded by § 8459%a (4). - And see § 8459%a (1, 2). $ 8505. Same; on coast of Delaware—That the Secretary of the Treasury be, and he is hereby, au- thorized to establish a life-saving station. On the Coast Of Delaware between Indian River Inlet and Fen- wicks' Island life-saving station at such point as the [General Superintendent] of the Life-Saving Service may recommend. (April 22, 1904, c. 1413, 33 Stat. 242. - 're in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). $ 8506. Same; at or near Eagle Harbor, Michigan—That the Secretary of the Treasury be, and he is hereby, authorized and directed to estab- lish a life-saving station at or near Eagle Harbor, on Keweenaw Point, Michigan, in such locality as the [General Superintendent] of the Life-Saving Service may recommend. (April 27, 1904, c. 1621, 33 Stat. 324. g 're in brackets superseded by § 8459%a (4). § 8459%a (1, 2). $ 8507. Same; at or near entrance to Tilla- mook Bay on coast of Gregon—That the Secretary Of the Treasury be, and he is hereby, authorized to establish a life-saving station at or near the entrance to Tillamook Bay, on the coast of Oregon, at such point as the [General Superintendent] of the Life-Sav- ing Service may recommend. (April 28, 1904, c. 1770, 33 Stat. 522.) Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). - -- . $ 8508. Same; at Nome, Alaska—That the Sec- retary of the Treasury be, and he is hereby, authoriz- ed to establish a life-saving station at Nome, Alaska, at such point as the [General Superintendent] of the Life-Saving Service may recommend, the life-saving boats and apparatus placed there under the authori- ty of the Act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, to And see And see form a part of the equipment of said station. (March 1, 1905, c. 1293, § 1, 33 Stat. 819.) Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). - § 8509. Same; at or near Neah Bay, Wash- ington—That the Secretary Of the Treasury be, and is hereby, authorized to establish a life-Saving sta- tion at or near Neah Bay, in the State Of Washing- ton, at such point as the [General Superintendent] of the Life-Saving Service may recommend, said sta- tion, in addition to the usual equipment, to be sup- plied with two self-righting and self-bailing lifeboats, at a cost not to exceed thirty thousand dollars. (April 19, 1906, c. 1640, § 1, 34 Stat. 123.) . Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 2). $ 8510. Same; at or near Greenhill, Rhode Island—That there be established a life-saving sta- tion at or near Greenhill, on the coast of South Kings- ton, in the State of Rhode Island; and the Secretary of the Treasury is hereby required to provide for such establishment and Supply the same with the neces- Sary life-saving crew and furnishings as provided by law in like cases. (June 19, 1906, c. 3431, 34 Stat. Same; at point on Isles of Shoals, New Hampshire–That the Secretary Of the Treas- ury be, and he is hereby, authorized and directed to establish a life-saving station at such point on the Isles of Shoals, off Portsmouth, New Hampshire, as the [General Superintendent] of the Life-Saving Serv- §: may recommend. (Jan. 17, 1907, c. 150, 34 Stat. 49. 're in brackets superseded by § 8459%a (4). § 8459%a (1, 2). - - - $ 8512. Life-saving apparatus at Farallone Islands, California—The Secretary of the Treasury And see is hereby authorized to cause a Lyle gun and the Inecessary beach apparatus used in connection with it to be placed at the Farallone. Islands, off the coast of California, at such point as the [General Superintend- ent] of the Life-Saving Service may recommend, and to furnish ammunition for said gun and make repairs to the apparatus from time to time as necessary. (May 30, 1908, c. 231, § 1, 35 Stat. 553.) g Text in brackets superseded by § 8459%a (4). § 84.59%a (1, 2). $ 8513. Same; detail of surfman for instruc- tion in use and care of—The Secretary of the Treas- ury is hereby authorized to detail an experienced Surfman from One of the life-saving stations on the Coast of California for duty at the Farallone Islands for a sufficient time to instruct and drill the inhabit- ants of the Islands as to the proper use and care of the life-saving apparatus. (May 30, 1908, c. 231, § 2, 35 Stat. 554.) - $ 8514. Stations; additional stations—That the And see - Secretary of the Treasury be, and he is hereby au- thorized to establish additional life-saving stations on the sea and lake coasts of the United States, as follows, namely: One of the larger of the two Libby Islands, situated at the entrance to Machias Bay, in the State of Maine; one at Half Moon Bay, South of Point MOntara and near Montara reef, in the State Of California ; One at Mackinac Island, in the State of Michigan; and one at or near Sea Gate, New York Harbor, New York, at such points as the [General Su- perintendent] of the Life-Saving Service may recom- mend. (Aug. 24, 1912, c. 385, § 1, 37 Stat. 511.) Text in brackets superseded by § 8459%a (4). And see § 8459%a (1, 3. - $ 8514a. ame; in vicinity of Duxbury Reef, or Bolinas Bay, California—That the Secretary of the Treasury be, and he is hereby, authorized and di- rected to establish a life-saving Station in the vicinity. of Duxbury Reef, or Bolinas Bay, California, at a cost not to exceed $12,000. (March 3, 1915, c. 82, 38 Stat. 928.) - $ 851.4b. Same; at mouth of Siuslaw River, Oregon—That the Secretary of the Treasury be, and he is hereby, authorized and directed to establish a life-saving station at the mouth of the Siuslaw River, Oregon, in such locality as the [General Superintend- ent] of the Life-Saving Service may recommend, at a cost not to exceed $12,000. 38 Stat. 1188.) . Text in brackets superseded by § 8459%a (4). § 84.59%a (1, 2). $ 8514c. Same; at Barataria Bay, La.—That the Secretary of the Treasury be, and he is hereby, authorized to establish a Coast Guard station on the coast of Louisiana in the vicinity of Barataria Bay, at such point as he may deem best. (June 28, 1916, c. 181, 39 Stat. 239.) $ 8515. Acquisition of sites for stations—The Secretary of the Treasury is hereby authorized when- ever he shall deem it advisable, to acquire, by dona- tion or purchase in behalf of the United States, the (March 4, 1915, c. 160, And see right to use and occupy sites for life-saving or life- boat stations, houses of refuge, and sites for pier head Ch. C) 3 8528 THE COAST GUARD [Page 1347 I beacons the establishment of which has been, or shall hereafter be, authorized by Congress. (March 3, 1875, c. 130, § 1, 18 Stat. 372.) $ 8516. Location and care of boats—No boat shall be purchased and located, under the provisions of the four preceding sections, at any point Other than on the coasts of Long Island and New Jersey, un- less the same be placed in the immediate care of an officer of the GOVernment, or unless bond shall be given by proper individuals, living in the neighbor- hood, Conditioned for the care and preservation of the same, and its application to the uses intended. (R. S. § 4246.) $ 8517. Discontinuance of stations—The Secre- tary of the Treasury is hereby authorized to discon- tinue any life-saving Or life-boat station or house Of refuge whenever in his judgment the interest Of COm- merce and humanity no longer require its existence. (May 4, 1882, c. 117, § 2, 22 Stat. 56.) $ 8518. Transfer of apparatus—The [General Superintendent] may transfer the apparatus, appli- ances, equipments, and Supplies of any discontinued station Or house of refuge to such other stations or houses of refuge as may need them, and may also transfer any portion Of the apparatus, appliances, equipments, and supplies of one station or house of refuge to another whenever in his judgment the in- terests of the service—may require it. -(May 4, 1882, c. 117, § 3, 22 Stat. 56.) Text in brackets superseded by § 8459%a (4). § 8459%a (1, 2). $ 8519. Superintendents and keepers; in- structions—The Secretary of the Treasury may ap- point, at each of the stations established under the provisions of the preceding section, a keeper, at a Compensation not exceeding two hundred dollars a year, and a Superintendent, who shall also have the powers and perform the duties of an inspector of the customs for each Of the COasts therein mentioned; and he shall give Such keeperS and Superintendents proper instructions relative to the duties to be re- guired of them. (R. S. § 4243.) See §§ 8469, 8520-8524, 8529. $ 8520. District superintendents; appoint- ment; powers; duties—The Secretary Of the Treas- ury is hereby authorized, whenever, in his Opinion, it may become necessary for the proper administration of the Life-Saving Service, and the protection of the public property at the stations and houses Of refuge herein authorized to be established, to appoint One Superintendent for the coasts of Delaware and Vir- ginia, one for the coast of Florida, one for the Coasts of Iakes Erie and Ontario, One for the COasts of Lakes Huron and Superior, and one for the coast of Lake Michigan, and also a keeper for each of said stations and houses of refuge ; and the said Superin- tendents shall have the powers, and perform the du- ties of inspectors of customs. (June 20, 1874, c. 344, § 2, 18 Stat. 127.) See § 8459% a. (4). $ 8521. Same; appointment for Gulf of Mex- ico—The Secretary of the Treasury is hereby author- ized, whenever, in his opinion, it may become neces- sary for the proper administration of the Life-Sav- ing Service and the protection of the public property at the stations, to appoint a district superintendent for the coast of the United States bordering on the Gulf of Mexico. (June 18, 1878, c. 265, § 1, 20 Stat. 163.) See § 8459%a (4). $ 8522. Same; as disbursing officers; bornds; powers; duties—Hereafter all district superintend- ents of life-saving stations shall be disbursing officers and paymasters for their respective districts, and shall give Such bonds as the Secretary of the Treas- ury may require, and shall have the powers and per- form the duties of inspectors of customs. (May 4, 1882, c. 117, § 4, 22 Stat. 56.) See § 8459%a (4). And see $ 8523. Appointments made only for fitness— The appointment of district superintendents, inspec- tors, and keepers and crews of life-saving Stations shall be made solely with reference to their fitness, and without reference to their political or party af- filiations. (May 4, 1882, c. 117, § 10, 22 Stat. 58.) See § 8459% a. (4). * $ 8524. Compensation of district superim- tendents; number and boundaries of districts— For salaries of Superintendents for the life-saving Stations as follows: For One Superintendent for the Coast of Maine and New Hampshire, One thousand six hundred dollars; for One Superintendent for the Coast Of Massachusetts, One thousand six hundred dollars; for One superin- tendent for the coasts Of Rhode Island and Fishers Island, to be known as the Third Life-Saving dis- trict, One thousand Six hundred dollars; for One Super- intendent for the coast of Long Island, one thousand eight hundred dollars; for One superintendent for the coast of New Jersey, One thousand eight hundred dollars; for One Superintendent for the Coasts of Dela- Ware, Maryland, and Virginia, One thousand six hun- dred dollars; for One Superintendent for the Coasts Of Virginia and North Carolina, One thousand eight hundred dollars; for one superintendent for the life- saving stations for the houses of refuge on the coasts Of South Carolina, Georgia, and—Florida, One thousand five hundred dollars; for one superintendent for the life-saving and life-boat stations on the coast of the Gulf of Mexico, One thousand six hundred dollars; for One superintendent for the life-saving and lifeboat sta- tions on the coasts of Lakes Ontario and Erie, one thousand eight hundred dollars; for one superintend- ent for the life-Saving and lifeboat stations On the Coasts of Lakes Huron and Superior, one thousand eight hundred dollars; for One Superintendent for the life-Saving and life boat stations on the Coast of Lake Michigan, One thousand eight hundred dollars; for one superintendent for the life-saving and lifeboat Stations on the coasts of Washington, Oregon, and California, one thousand eight hundred dollars; in all, twenty-two thousand One hundred dollars. The Secretary of the Treasury may change the serial num- bers of the several districts as may be necessary to conform to the provisions of this Act. (June 6, 1900, c. 791, § 1, 31 Stat. 596.) See § 8459%a, (4). $ 8525. Thirteenth life-saving district to in- clude coast of Alaska—The Thirteenth life-saving district is hereby extended to include the Coast Of Alaska. (March 1, 1905, c. 1293, § 2, 33 Stat. 819.) See § 8459% a (4). $ 8526. Compensation of district superin- tendents—From and after the passage of this Act the Compensation of district superintendents in the |United States Life-Saving Service shall be as fol- lows: For the Superintendents of the first, second, fourth, fifth, sixth, seventh, tenth, eleventh, twelfth, and thirteenth districts, tWO thousand two hundred dollars per annum each; for the Superintendents of the third and ninth districts, two thousand dollars per annum each; for the Superintendent of the eighth district, one thousand nine hundred dollars per an- num. (March 26, 1908, c. 99, § 1, 35 Stat. 46.) See § 8459% a. (4). $ 8527. Compensation of clerks to district superintendents—Compensation of twelve clerks to district superintendents, one to each of the district superintendents except that of the eighth district, at such rate as the Secretary of the Treasury may deter- mine. not to exceed $900 each. (June 23, 1913, c. 3, § 1, 38 Stat. 18.) $ 8528. Keepers; appointment—The Secretary Of the Treasury is hereby authorized to appoint [and fix the annual compensation of] the several keepers of all stations and houses of refuge [at such rate as proper]. (May 4, 1882, c. 117, § 5, 22 Stat. 57.) Text in brackets superseded by §§ 8529, 8536. And see §§ 8459%a (4), 8519, 8520, 8533. ź 8529 (Tit. 55A THE COAST GUARD [Page 1348] $ 8529. Same; compensation—The pay of keep- ers of life-saving stations shall be one thousand dol- lars per annum. (March 26, 1908, c. 99, § 1, 35 Stat. 46.) - • See §§ 8459% a (4), 8519, 8520, 8533. $ 8530. Rations for keepers of life-saving stations and surfmen, and commutation thereof— Every keeper of a life-saving station and every surf- man in the Life-Saving Service of the United States shall be entitled to receive one ration per day or, in the discretion of the Secretary of the Treasury, com- mutation therefor at the rate of thirty cents per ration. (March 26, 1908, c. 99, § 2, 35 Stat. 46.) See § 8459% a (4). $ 8531. Powers of keepers; shipwrecked property; residence--Hereafter [the COmpensation of] the keepers of life-saving and life- boat stations and houses of refuge [shall be at the rate of four hundred dollars per annum]; and they shall have the powers of inspectors of customs, but Shall receive no additional compensation for duties performed as such: Provided, That said keepers shall have authority and be required to take charge of and protect all property saved from shipwreck at which they may be present, until it is claimed by parties legally authorized to receive it, or until Otherwise instructed to dispose of it by the Secretary of the Treasury; and keepers of life-saving stations shall be required to reside continually at or in the im- mediate vicinity of their respective stations. (June 18, 1878, c. 265, § 4, 20 Stat. 163.) Text in brackets superseded by § 8529. Ard see Ş 8459%a. (4). - - $ 8532. Crews of surfmen on Long Island and New Jersey coasts—The Secretary of the Treasury Imay also employ Crews of experienced surfmen at Such stations on the coasts of Long Island and New Jersey [and for such periods] as he may deem neces- Sary and proper, [and at Such COmpensation as he may deem reasonable, not to exceed forty dollars a month for each person to be employed]. (R. S. § 4244. . - * in brackets superseded by §§ 8535. 8538. $ 8533. Keepers on coast of Cape Cod and Rhode Island—The Secretary of the Treasury may appoint a keeper for each of the ten life-savings sta- tions. On the Coasts Of Cape Cod, Massachusetts, and Block Island, Rhode Island, whose compensation shall be at the rate of two hundred dollars per annum, and may employ Crews of experienced surfmen at such sta- tions and for such periods as he may deem necessary and proper, and at Such compensation as he may deem reasonable, not to exceed forty dollars per month for each person to be employed. (R. S. § 4247.) See §§ 8459%a, (4), 8535, 8538. - $ 8534. Crews on Pacific Coast—Crews may be employed at any of the life-saving or life-boat sta- tions on the Pacific coast during Such portion of the year as the [general Superintendent] may deem nec- essary. (May 4, 1882, c. 117, § 6, 22 Stat. 57.) Text in brackets superseded by § 8459%a, (4). And see § 8459%a (1, 2). - $ 8535. Irength of time stations to be opez1; residence and compensation of crews-Hereafter the life-saving stations upon the Atlantic and gulf coasts at which Crews are employed shall be manned and the stations Opened for active service on the first day of August in each year, and so continued until the first day of June succeeding, and upon the lake coasts from the opening to the close of navigation, except such stations as in the discretion of the Sec- retary of the Treasury are not necessary to be manned during the full period specified ; and the crews shall reside at the stations during said periods: Provided, That those surfmen who enlist for a term including more than eight and a half months of active service, and those who enlist to fill vacancies caused by the promotion, death, resignation, or dismissal of such surfmen, shall receive sixty dollars per month dur- ing said period of active service. (June 18, 1878, c. protection of save the life or lives rescued. § 6, 18 Stat. 127.) 265, § 5, 20 Stat. 164, amended, Aug. 3, 1894, c. 202, 28 Stat. 225, and March 2, 1895, c. 189, § 1, 28 Stat. 919.) - See §§ 8489, 8498, 8534, 8538. - $ 8536. Compensation of crews—Hereafter [the COmpensation of the keepers of life-saving stations Shall be at the rate of nine hundred dollars per an- num, each, except that of keepers of stations known as houses of refuge, which shall be at the rate of six hundred dollars per annum, each, and] the compen- Sation of the members of the crews of the stations, during the time the stations are manned, shall be at the rate of sixty-five dollars per month, each. (July 22, 1892, c. 231, 27 Stat. 257.) - Text in brackets superseded by § 8529. And see §§ 8528, 8532, 8533. $ 8537. Computation of pay of surfmen—Here- after the pay of surfmen in the Life-Saving Serv- ice shall be computed according to the number of days in each month, respectively, and not as required by Section six of the Act of June thirtieth, nineteen hundred and six, making appropriations for the Sun- dry Civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and Seven. (May 27, 1908, c. 200, § 1, 35 Stat. 321.) See § 3243. - - $ 85.38. Pay of number one surfmem—The pay Of the number one surfman in each of the crews of the life-savings stations shall be at the rate of seventy dollars per month. (March 26, 1908, c. 99, § 1, 35 Stat. 46.) $ 8539. Drill of enrolled crews; compensation —The enrolled members of the crews of life-boat sta- tions may be called out for drill and exercise in the life-boat and life-saving apparatus as often as the [general Superintendent] may determine, not to exceed tWiCe a month, for each day’s attendance at which they shall be entitled to the sum of three dollars each. (June 18, 1878, c. 265, § 11, 20 Stat. 165.) Text in brackets superseded by § 84591%a (4). And see § 84.59%a (1, 2). ' - $ 8540. Volunteer crews; regulations; com- pensation; medals—The Secretary of the Treasury. may accept the Services Of Volunteer Crews at any Of the life-boat stations herein authorized, who shal; be subject to the rules and regulations governing the Life-Saving Service; and a list of the names of each crew shall be kept in the Office of the Secretary of the Treasury. Such volunteers shall receive no Com- pensation except a Sum. Of not more than ten dollars each for every Occasion upon which they shall have been instrumental in saving human life, and such of the medals herein authorized as they may be entitled to under the provisions hereinafter made: Provided, That no payment shall be made to any person who shall not have actually participated in the efforts to (June 20, 1874, c. 344, $ 8541. Same; duty; compensation—Section six of said act of June twentieth, eighteen hundred and seventy-four, is so amended as to extend the COmpen- sation of the enrolled members of Volunteer Crews of life-boat stations therein named to occasions of actual and deserving service at any shipwreck, or in the relief of any Vessel in distress, and that Such per- sons as may volunteer to take the place of any absent or disabled enrolled members of a Crew, and who shall be accepted by the keeper, may be paid therefor, in the discretion of the Secretary of the Treasury, a sum not to exceed eight dollars each on every such Occasion : Provided, That all Crews and Volunteers employed under authority of this act who may be present at a wreck shall be required to use their ut- most endeavors to save life and properly care for the bodies of such as may perish, and, when Such efforts are no longer necessary, to Save property and protect the same, under the direction of the Senior keeper present or of the Superintendent of the dis- trict, until the arrival of persons legally authorized to take charge; and for the time employed in SO SaV- Ch. C) 3 8547 THE COAST GUARD [Page 13491 ing and protecting property Volunteers shall be en- titled to compensation not to exceed three dollars per day each, in the discretion of the Secretary of the Treasury. (June 18, 1878, c. 265, § 10, 20 Stat. 165.) $ 8542. Compensation to disabled keepers or members of crews during disability—If any keep- er or member of a crew of a life-Saving or life-boat station shall be so disabled by reason of any Wound Or injury received or disease contracted in the Life- Saving Service in the line of duty as to unfit him for the performance of duty, such disability to be de- termined in such manner as shall be prescribed in the regulations of the service, he shall be continued upon the rolls of the Service and entitled to receive his full pay during the continuance of such disability, not to exceed the period of One year, unless the [gen- eral Superintendent] Shall recommend, upon a State- ment of facts, the extension of the period through a portion or the whole of another year, and said rec- Ommendation receive the approval of the Secretary of the Treasury as just and reasonable; but in no case Shall said disabled keeper or member of a crew be Continued upon the rolls or receive pay for a longer period than two years. (May 4, 1882, c. 117, § 7, 22 Stat. 57.) Text 1n brackets superseded by § 8459%a (4). And see §§ – 8459%a—(1–3), -8935. --- - - - - $ 8543. Pensions to widows and children and dependent mothers of deceased keepers or mem- bers of crews—If any keeper or member of a crew Of a life-saving station shall hereafter die by reason. Of perilous service or any wound or injury received Or disease contracted in the Life-Saving Service in the line of duty, leaving a widow, or a child or chil- dren under sixteen years of age, or a dependent moth- er, Such widow and child or children and dependent mother shall be entitled to receive in equal portions, during a period of two years, under such regulations as the Secretary of the Treasury may prescribe, the Salme amount, payable quarterly as far as practicable, that the husband or father or son would be entitled to receive as pay if he were alive and continued in the Service: Provided, That if the Widow shall re- marry at any time during the said two years her por- tion of said amount shall cease to be paid to her from the date of her remarriage, but shall be added to the amount to be paid to the remaining beneficiaries un- der the provisions of this section, if there be any ; and if any child shall arrive at the age of sixteen year's during the said two years, the portion of such Child Shall cease to be paid to such child from the date on Which such age shall be attained, but shall be added to the amount to be paid to the remaining beneficiaries, if there be any. (May 4, 1882, c. 117, § 8, 22 Stat. 57, amended, March 26, 1908, c. 99, § 3, 35 Stat. 46.) See §§ 8459%a, (3), 8935. $ 8544. Medals of honor—The Secretary of the Treasury is hereby directed to cause to be prepared medals of honor, with suitable devices, to be distin- guished as life-saving medals of the first and sec- Ond class, which shall be bestowed upon any per- Sons Who shall hereafter endanger their own lives in saving, or endeavoring to save lives from perils of the sea, within the United States, or upon any Almeri- can vessel: Provided, That the medal of the first class shall be confined to cases of extreme and heroic daring; and that the medal of the second class shall be given in cases not sufficiently distinguished to de- serve the medal of the first class : Provided, also, That no award Of either medal shall be made to any perSOn until sufficient evidence of his deserving shall have been filed with the Secretary of the Treasury and entered upon the records of the Departlyment. (June 20, 1874, c. 344, § 7, 18 Stat. 127.) $ 8545. Bestowal of life-saving medals—The Secretary Of the Treasury is hereby authorized to bestow the life-Saving medal Of the Second Class upon persons making such signal exertions in rescuing and sucCoring the ship-Wrecked, and Saving persons from drowning, as, in his Opinion, shall merit such rec- ognition. (June 18, 1878, c. 265, § 12, 20 Stat. 165.) $ 8546. Gold and silver medals; additional tokens of honor—The life-saving medals of the first and second class authorized by the provisions of the seventh section of the act of July twentieth, eight- een hundred and Seventy-four, Shall be hereafter des- ignated as the gold and silver life-saving medal respec- tively, and any person who has received or may here- after receive either of said medals under the pro- visions of said section, or the twelfth Section of the act Of June eighteenth, eighteen hundred and seventy- eight, and who shall again perform an act which WOuld entitle him to a medal of the same class under Said provisions, shall receive, and the Secretary of the Treasury is hereby authorized to award, in lieu of a second medal, a bar, suitably inscribed, of the Same metal as the medal to which said person would be entitled, to be attached to a ribbon Of Such de- scription as the Secretary of the Treasury may pre- SCribe, Which may be fastened to the medal already bestowed upon said person; and for every such addi- tional act an additional bar may be added. And the Secretary of the Treasury is hereby authorized, in his discretion, whenever any person becomes entitled to a bar representing a gold medal, to award him, in ad- dition to said bar, such taken as it is customary to a Ward in acknowledgment of the Services of masters and Crews of foreign vessels in rescuing American citizens from shipwreck. (May 4, 1882, c. 117, § 9, 22 Stat. 57.) $ 8547. When and oxa whom medals bestowed —So much of the Acts relating to life-saving stations and the Life-Saving Service approved June twentieth, eighteen hundred and seventy-four, June eighteenth, eighteen hundred and seventy-eight, and May fourth, eighteen hundred and eighty-two, as provide for the award of life-saving medals shall be construed so as to empower the Secretary of the Treasury to bestow Such medals upon persons making signal exertions in rescuing and sucCoring the ship-wrecked and saving persons from drowning in the Waters Over which the United States has jurisdiction, whether the said per- SOns making Such exertions were or were not members of a life-saving crew, or whether or not such ex- ertions were made in the vicinity of a life-saving station. (Jan. 21, 1897, c. 83, 29 Stat. 494.) TITLE LVI—THE COAST AND GEODETIC SURVEY Sec. 8548. President may authorize surveys. 8548a. Permanent Commission of International Geodetic As- - sociation; representative of United States. - - 8549. Co-operation with North Carolina state fish commission- er in survey of waters. - - 8550. Pº. of triangulation to be marked for use in future WOI’R. - - - 8551. Surveys beyond twenty leagues from shore. 8552. Mode of conducting surveys. 8553. Employment of officers of Army and Navy. 8554. Power to use books and to employ persons. 8555. Assignments of pay by employés. 8556. Cumulative leave of absence to officers of field force in - Philippines. - 8557. Power to employ vessels. 8558. Manner of employment of officers of Army or Navy. 8559. Allowance for subsistence. - 8560. Same; officers of Navy detached from their vessels. 8561. Salary of Superintendent. 8561a. Salaries of Officers; officers designated as assistants transferred to positions of engineers. - - 8562. Report. . . - - 8562a. Transfer to War or Navy Departments in time of na- tional emergency. - - . 8562b. Field officers; enumeration of; appointment; pay. 8562c. Pay and allowances of personnel of Survey not affected by transfer to War or Navy Departments. 8562d. Laws applicable to personnel of Survey while employed in service under War or Navy Departments. 8562e. Relative rank of personnel of Survey while serving with Army or Navy. 8562f. Rules governing Survey in time of War. $ 8548. President may authorize surveys—The President is authorized to cause a survey to be taken | of the coasts of the United States, in which shall be designated, the islands and shoals, with the roads or places of anchorage, within twenty leagues of any part of the Shores of the United States; and also the I'espective COurses and distances between the prin- Cipal Capes Or headlands, together with such other matters as he may deem proper for completing an * chart of every part of the coasts. (R. S. § 4681.) - - $ 8548a. Permanent Commission of Interna- tional Geodetic Association; representative of United States—The duly appointed representative of the United States on the permanent commission of the International Geodetic Association is, hereby granted authority to vote with the representatives On the permanent commission from other nations on all matters Coming before the association, including the extension of its existence, subject to the approval of Congress. (March 3, 1917, c. 161, 39 Stat. 1055.) $ 8549. Co-operation with North Carolina state fish cominaissioner in survey of waters—That the Secretary of Commerce [and Labor] be, and he is hereby, authorized and directed, upon the request of the governor of the State of North Carolina, to designate Such officers, experts, and employees of the Bureau of the Coast and Geodetic Survey and of the Bureau of Fisheries as may be necessary to co- Operate With the North Carolina State fish commis- Sioner in making a survey of and marking in a prom- inent manner all those areas of the waters of the Sounds and their tributaries of the State in which the uSe of any or all fishing appliances are prohibit- ed by law ; and the Secretary of Commerce [and La- bOr] is hereby authorized, and directed to furnish to the Officers, experts, and employees of said bureaus SO detailed as aforesaid such instruments, appliances, and Steam launches as may be necessary to make the Survey aforesaid ; and the Secretary of Commerce [and Labor] is hereby authorized to have made in the Bureau of the Coast and Geodetic Survey all the plats necessary to show the results of the aforesaid Survey, and to furnish to the fish commissioner of the State of North Carolina such copies as may be necessary for his use, and for this purpose to employ in the District of Columbia and elsewhere such tech- nically qualified persons as may be necessary to carry out the purposes of this Act. (March 4, 1909, c. 313, § 1, 35 Stat. 1064.) - Text in brackets superseded by § 932. $ 8550. Points of triangulation to be marked for use in future work—The Secretary of Commerce [and Labor] is hereby further authorized to have erected or constructed by the officers so detailed as aforesaid, While making Said Survey, such structures as may be necessary to mark in a prominent and satisfactory manner the points Of triangulation SO that the same may be used for Such future work Of the Coast and Geodetic Survey as the said Bureau may be hereafter required to perform in prosecuting the Government coast survey of the navigable Waters of the United States located within the State Of North Carolina. (March 4, 1909, c. 313, § 2, 35 Stat. 1065.) Text in brackets superseded by § 932. $ 8551. Surveys beyond twenty leagues from shore—The President may also cause such examina- tions and observations to be made with respect to Saint George’s Bank, and to any other bank, or shoal, and the soundings and currents, although beyond the distance of twenty leagues from the shore to the Gulf Stream, as he may deem especially. Subservient to the commercial interests of the United States. (R. S. § 4682.) - - - $ 8552. Mode of conducting surveys—All ap- propriations made for the work of surveying the coast Of the United States shall be expended in accordance with the plan of reorganizing the mode of executing the survey which has been Submitted to the Presi- dent by a board of Officers Organized under the act of March three, eighteen hundred and forty three, chapter one hundred. (R. S. § 4683.) $ 8553. Employment of officers of Army and TWavy—The President shall carry into effect the plan of the board, as agreed upon by a majority of its members; and shall cause to be employed as many officers of the Army and Navy of the United States as will be compatible with the Successful prosecution Of the work; the Officers of the Navy to be employed On the hydrographical parts, and the Officers of the Army on the topographical parts of the work; and no officer of the Army Or Navy shall receive any ex- tra pay Out of any appropriations for Surveys. (R. S. § 4684.) - • $ 8554. Power to use books and to employ persons—The President is authorized, in executing the provisions of this Title, to use all maps, charts, books, instruments, and apparatus belonging to the United States, and to direct where the same shall be deposited, and to employ all persons in the land or naval Service of the United States, and such as- tronomers and other persons as he shall deem proper. (R. S. § 4685.) $ 8555. Assignments of pay by employés—Sci- entific and Other employees Of the United States Coast and Geodetic Survey, while employed outside of the District of Columbia, are hereby authorized to make assignments of their pay, under Such regulations aS the Secretary of Commerce [and Labor] may pre- Scribe. (March 4, 1907, c. 2918, § 1, 34 Stat. 1322.) Text in brackets superseded by § 932. $ 8556. Cumulative leave of absence to offi- cers of field force in Philippines—The Secretary of Commerce [and Labor], at his discretion, may hereafter grant to Officers of the field force of the Coast and Geodetic Survey on duty in the Philippine Islands, at one time the whole or any portion of the annual leave accrued and unused during a period of three years. (March 4, 1909, c. 299, § 1, 35 Stat. 974. - - 're in brackets superseded by § 932. $ 8557. Power to employ vessels—The Presi- dent is authorized, for any of the purposes of Survey- ing the coast of the United States, to cause to be employed such of the public vessels in actual service as he deems it expedient to employ, and to give Sū Ch instructions for regulating their conduct as he deems IPage 1350] Tit. 56) 3 8562b THE COAST AND GEODETIC SURVEY [Page 1351] proper, according to the tenor of this Title. (R. S. § 4686.) See § 907. $ 8558. Manner of employment of officers of Army or Navy—Officers of the Army and Navy shall, as far as practicable, be employed in the WOrk Of Surveying the coast of the United States, whenever and in the manner required by the Department having charge thereof. (R. S. § 4687.) $ 8559. Allowance for subsistence–The Secre- tary of the Treasury may make such allowances to the officers and men of the Army and Navy, While employed on Coast Survey service, for Subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eight- cen hundred and forty-four. (R. S. § 4688.) $ 8560. Same; officers of Navy detached from their vessels—Nor shall there hereafter be made any allowance for subsistence to officers of the Navy at- tached to the Coast and Geodetic Survey, except that when officers are detached to do work away from their vessels under circumstances involving them in extra expenditures, the Superintendent may allow to any such officer subsistence at a rate not exceed- ing one dollar per day for the period actually covered by such duty away from such vessel. (Aug. 30, 1890, c.–837, § 15–26 Stat:-382.)-- - $ 8561. Salary of Superintendent—The Salary of the Superintendent of the Coast Survey shall be six thousand dollars a year. (R. S. § 4689.) $ 8561a. Salaries of officers; officers designat- ed as assistants transferred to positions of en- gineers—Salaries: Superintendent, $6,000; hydro- graphic and geodetic engineers, junior hydrographic and geodetic engineers, and aids, to be employed in the field or office, as the superintendent may direct, one of whom may be designated by the Secretary of Commerce to act as assistant superintendent: Pro- vided, That officers now designated assistants shall be transferred to the positions of hydrographic and geodetic engineers, or junior hydrographic and geo- detic engineers, herein submitted in lieu of assistants; hydrographic and geodetic engineers—two at $4,000 each, one $3,200, five at $3,000 each, one $2,800, five at $2,500 each, twelve at $2,400 each, nine at $2,200 each, twelve at $2,000 each; junior hydrographic and geodetic engineers—sixteen at $1,800 each, eleven at $1,600 each, nine at $1,400 each, twelve at $1,200 each; aids—ten at $1,100 each, nineteen at $1,000 each; in all, $223,500. Office force: Disbursing agent, $2,500; chief of division of library and archives, $1,800; clerk to superintendent, $1,800; clerks—three at $1,800 each, three at $1,650 each, four at $1,400 each, eight at $1,200 each, five at $1,000 each, ten at $900 each, Six at $720 each; Topographic and hydrographic draftsmen: Two at $2,400 each, three at $2,200 each, three at $2,000 each, three at $1,800 each, three at $1,600 each, three at $1,400 each, three at $1,200 each, two at $1,000 each, two copyist draftsmen, at $1,000 each; Astronomical, geodetic, tidal, and miscellaneous computers: One $2,500, two at $2,200 each, two at $2,100 each, two at $2,000 each, four at $1,800 each, four at $1,600 each, five at $1,400 each, five at $1,200 each; Copperplate engravers: One $2,400, two at $2,200 each, three at $2,000 each, three at $1,800 each, two at $1,600 each, two at $1,400 each, one $1,200, two at $1,000 each; Engravers and apprentices at not exceeding $1,000 each, $3,600; Instrument makers: One $2,750, one $1,600, two at $1,400 each, four at $1,200 each; Pattern makers and carpenters: Three at $1,400 each, two carpenters and painters at $900 each; Printers, electrotypers, photographers, lithogra- phers' plate printers and their helpers, engineer, and $ 8562a. other skilled laborers: One $2,000, one $1,800, One $1,700, one $1,600, one $1,400, eight at $1,200 each, two at $1,000 each, one $900, five at $700 each; Watchmen, firemen, messengers, and laborers: Three at $880 each, four at $820 each, three at $720 each, four at $700 each, two at $640 each, three at $630 each, four at $550 each. (June 12, 1917, c. 27, § 1, 40 Stat. 163.) $ 8562. Report—The Coast Survey report shall be submitted to Congress during the month of Decem- ber in each year, and shall be accompanied by a general chart of the whole coasts of the United States, on as large a scale as convenient and prac- ticable, showing, as near as practicable, the COInfigu- ration of the coasts, and showing, by lines, the prob- able limits of the Gulf Stream, and showing, by lines, the probable limit to which the soundings off the coast will extend, and showing, by the use of Colors and explanations, the exact portions of Our Coasts, Of which complete charts have been published by the Coast Survey; also, showing such other parts Of the coasts of which the triangulation, the topography, and the soundings have been completed, but not publish- ed, and, also, such parts of the coasts of Which the triangulation and topography, or the triangulation only, have been completed. (R. S. § 4690.) Transfer to War or Navy Depart- ments in time of mational emergency—The Presi- dent is hereby authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the War Department, or of the Navy Department, such vessels, equipment, stations, and personnel of the Coast and Geodetic Sur- vey as he may deem to the ‘best interest of the coun- try, and after such transfer all expenses connected there with shall be defrayed out of the appropriations for the department to which transfer is made: Pro- vided, That such vessels, equipment, stations, and per- sonnel shall be returned to the Coast and Geodetic Survey when such national emergency ceases, in the opinion of the President, and nothing in this Act shall be construed as transferring the Coast and Geodetic Survey or any of its functions from the De- partment of Commerce except in time of national emergency and to the extent herein provided: Provid- ed further, That any of the personnel of the Coast and Geodetic Survey who may be transferred as here- in provided, shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the la WS, regu- lations, and orders for the government of the Army or Navy, as the case may be, in so far as the same may be applicable to persons whose retention perma- nently in the military service of the United States is not contemplated by law. (May 22, 1917, c. 20, § 16, 40 Stat. 87.) $ 8562b. Field officers; enumeration of; ap- pointment; pay—The President is authorized to ap- point, by and with the advice and Consent Of the Sen- ate, the field Officers of the Coast and Geodetic Sur- vey, who are now Officially designated assistants and aids, as follows: Officers now designated assistants and receiving a salary of $2,000 Or more per annum shall be appointed hydrographic and geodetic engi- neers; Officers now designated assistants and receiv- ing a salary of $1,200 or greater but less than $2,000 per annum shall be appointed junior hydrographic and geodetic engineers; Officers now designated aids shall be appointed aids: Provided, That no person shall be appointed aid or shall be promoted from aid to junior hydrographic and geodetic engineer or from junior hydrographic and geodetic engineer to hydro- graphic and geodetic engineer until after passing a satisfactory mental and physical examination Con- ducted in accordance with regulations prescribed by the Secretary of Commerce, except that the President is authorized to nominate for confirmation the assist- ants and aids in the Service on the date Of the passage of this Act. (May 22, 1917, c. 20, § 16, 40 Stat. 88.) & 8562c (Tit. 56 THE COAST AND GEODETIC SURVEY $ 8562e. Pay and allowances of personnel of survey not affected by transfer to War or Navy Bepartments—Nothing in this Act shall reduce the total amount of pay and allowances they were re- ceiving at the time of transfer. (May 22, 1917, c. 20, § 16, 40 Stat. 88.) \ - $ 8562d. Laws applicable to personnel of Sur- vey while employed in service under War or Navy Departments—While actually employed in a C- tive service under direct Orders of the War Depart- ment or of the Navy Department members of the Coast and Geodetic 'Survey shall receive the benefit of all provisions of laws relating to disability incur- red in line Of duty Or loss Of life. 20, § 16, 40 Stat. 88.) $ 8562e. (May 22, 1917, c. Relative rank of personnel of Sur- vey while serving with Army or Navy—When serv- ing with the Army or Navy the relative rank shall be as follows: - . . . JHydrographic and geodetic engineers receiving $4,- 000 or more shall rank with and after colonels in the Army and Captains in the Navy. Hydrographic and geodetic engineers receiving $3,- 000 or more but less than $4,000 shall rank with and after lieutenant colonels in the Army and command- ers in the Navy. . . . . . - Hydrographic and geodetic engineers receiving $2,- 500 or more but less than $3,000 shall rank with and after majors in the Army and lieutenant command- sers in the Navy. - - Hydrographic and geodetic engineers receiving $2,000 or more but less than $2,500 shall rank with and after captains in the Army and lieutenants in the Navy. - - Junior hydrographic and geodetic engineers shall rank with and after first lieutenants in the Army and lieutenants (junior grade) in the Navy. [Page 1352] Aids shall rank with and after second lieutenants in the Army and ensigns in the Navy. AIld nothing in this Act shall be construed to affect or alter their rates of pay and allowances when not assigned to military duty as hereinbefore mentioned. (May 22, 1917, c. 20, § 16, 40 Stat. 88.) $ 8562f. Rules governing Survey in time of war—The Secretary Of War, the Secretary of the | Navy, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be per- formed by the Coast and Geodetic Survey in time of war, and for the cooperation of that service with the War and Navy Departments in time of peace in preparations for its duties in war, which regulations shall not be effective unless approved by each of the said Secretaries, and included therein may be rules and regulations for making reports and commu- nications between the officers or bureaus of the War and Navy Departments and the Coast and Geodetic Survey. (May 22, 1917, c. 20, § 16, 40 Stat. 88.) (R. S. § 4691. Superseded.) This section authorized the Secretary of the Treasury to dispose of the maps and charts of the survey of the coast of the United States at such prices and under Such regu- lations as he might fix, and provided that not to exceed 300 copies of each sheet should be distributed among for- eign governments and Departments of the United States Government, and literary and scientific associations, as the Secretary of the Treasury might designate. It Was modified by Act June 20, 1878, c. 359, § 1, 20 Stat. 215, which provided that the Coast Survey charts should be sold at the office at Washington at the price of printing and paper thereof, and at other places at the same price, with the average cost of delivery added, and that there should be no more free distribution of the charts, With certain enumerated exceptions; and by Act March 3, 1879, c. 182, § 1, 20 Stat. 382, which regulated the number of Gharts to which members of Congress should be en- titled. Thºse provisions were all superseded by the Print- ing and Binding Act of Jan. 12, 1895, c. 23, § 76 (§ 7146). TITLE LVI A–REGULATION OF COMMON CARRIERS OF Chap. - - Sec. A. Regulation of transportation. . . . . . . . . . . . . . . . . . 8363 B. Bills of lading . . . . . . . . . . . . . . . . . . . . . . & e º ºs e º & e º e º º 8604a C. Safety appliances and equipments on railroad engines and cars, and protection of employés INTERSTATE AND FOREIGN COMMERCE Chap. Sec. D. Care of animals in transit . . . . . . . . . . . . . . . . . . . . 3661 E. Liability for injuries to employés. . . . . . . . . . . . . . 8657 F. Arbitration between carriers and employés. . . . 8866 G. Hours of service of employés. . . . . . . . . . . . . . . . . . 8677 and travelers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8605 Chapter A–Regulation of Transporta- tion - (1) Carriers and transportation subject to regulation. (2) Definitions; transportation, routes, rates and oper- ating facilities. - (3) Just and reasonable charges; classification of mes- - sages, and rates therefor; contracts by telegraph companies with common carriers for exchange of - ServiceS. - (4) Classification of property for transportation; lations and practices affecting transportation. Sec. 8563. Tegul- (5) Free passes or free transportation for passengers. (6) Transportation of article or commodity manufactur- ed, mined, or produced by it, or which it owns, Or in which it has interest. * . . (7) Switch connections and cars. (8) Car service; rules and regulations. (9) Obstructing or retarding orderly conduct or move- ment of interstate or foreign commerce, or move- ment of trains engaged therein. (10) Preference or priority of transportation of commod- ities essential to national defense; agencies at Washington by common carriers. . 8563a. Exception from law prohibiting free passes transportation. - 8564. Special rates and rebates prohibited. 8565. Undue preferences prohibited; equal facilities to con- necting lines; terminal facilities. 8566. Charges for long and short hauls; charges on through route; temporary continuance of existing rates; com- petition of railroads with water routes. - 8567. Pooling; owning, leasing, operating, - having interest in competing carrier by water operat- ed through Panama Canal or elsewhere by carrier subject to act. - - Sec. 8568. Determination of fact of competition by Commission; hearings; orders; continuation of Water, Service where competition not excluded; filing of rates, schedules; application for extension of Service. 8569. (1) Schedules of rates, fares, and charges; inspection by public. e (2) Schedules of through rates for freight through for- eign country. - - (3) Notice of changes in rates, fares, and charges. (4) Joint tariffs. - (5) Copies of traffic contracts, filed. e - (6) Forms of schedules prescribed by Commission. (7) Transportation of passengers or property, Without filing and publishing rates; compensation Other than as specified; “carrier” ‘‘common Carrier.’’ - (8) Preference to shipments for TJnited States. (9) Schedules not giving notice of effective date. (10) Penalty for failure to comply with regulations or orders of Commission. * (11) Penalty for failure to give written statement of rates, or for misstating rate. , & * (12) Name of resident agent of carrier by railroad post- ed; request for information as to rates: - (13) Jurisdiction of Commission; transportation by rail and water through Panama Canal or otherWise. (14) Same; dock connections between rail and water Car- I’leI’S. s (15) Same; terms and conditions on which connecting tracks shall be operated. (16) Same; through routes and joint rates. (17) Same; maximum proportional rates. - (18) Same; extension of arrangements between rail and - water carriers to other vessels. - - - " 8570. Institution of proceedings before Commission relating to proceedings authorized by section. - or free controlling, Or filing and to mean Ch. A) & 8563(1) INTERSTATE AND FOREIGN COMMERCE Sec. 8571. Combinations to prevent continuous carriage of freight to destination prohibited. 8572. Liability for violation of act. 8573. Remedies of persons damaged. 3574. (1) Violation of act by carrier, or officer. . (2) False billing or classification by carrier or officer, for transportation of property at less than regular rates. (3) Obtaining or attempting to obtain transportation, for property at less than regular rates, by false billing or classification or by making false claim for dam- ageS (4) Inducing or attempting to induce, by payment, of money or solicitation, carrier or officer to discrim- inate unjustly in transportation of property. 8575. Interstate Commerce Commission; appointment, term of service and removal of Commissioners. g 8576. Same; authority, powers, and proceedings of Commis- sion; witnesses. e 8577. Self-criminating testimony; perjury; refusal to testify. 8578. Appropriation for enforcement of laws; exemptions from prosecutions of persons giving testimony; per- jury. 4. 8579. Application of 1aws as to attendance of witnesses under acts to regulate commerce, to proceedings under act. 8580. Immunity to witnesses to extend only to natural persons testifying. 8531. (1) Complaint to Commission of violation of law by car- rier; statement to carrier; reparation; investiga- tion. (2) Complaint to Commission by State Railroad, Com- mission; inquiry on Commission’s own motion. 8582. (1) Reports of investigations by Commission. — (2) Record of reports; copies. --- - - - (3) Publication of reports and decisions; printing and distribution of annual reports. 8583. (1) Commission empowered to determine and prescribe rates or classification; order to carrier; appor- tionment of joint rates. (2) Commission authorized to determine propriety of new rate and classification; suspension pending decision; increased rates not to be filed until after approval. (3) Commission authorized to establish through routes and joint classifications, and joint rates as maxi- mum, and prescribe division of rates. (4) Through route established to embrace entire length of railroad. (5) Designation by shipper of one of two or more through routes for transportation; issue of through bill of lading, and transportation over such route; determination between competing railroads, por- tions of through line or through route. (6) Disclosure of information concerning shipments, and soliciting such information. (7) Violation of provisions of preceding paragraph. (8) Allowance for service rendered or instrumentality furnished by Owner of property transported; de- termination of reasonable charge as maximum. (9) Other powers of Commission not excluded by fore- going enumeration. 8584. (1) Orders by Commission for payment of damages. (2) Same; proceedings in courts to enforce; costs; at- torney’s fee; limitations. (3) Same; parties; process; judgment. (4) Same; service of orders of Commission. (5) Same; suspension or modification of orders. (6) Same; compliance with orders. (7) Failure to obey orders made under section 15. (8) Suit for recovery of forfeiture. (9) District attorneys to prosecute for forfeitures; costs and expenses. (10) Employment of attorneys by Commission. (11) Proceedings in Commerce Court to enforce orders Other than for payment of money; injunction or Other process. (12) Schedules, tariffs, and contracts filed with Commis- Sion, and reports to Commission, kept as public records; evidence. * 8585. Rehearings by Commission; stay; decisions. 8586. Conduct of proceedings of Commission; seal; divisions; salary of Secretary. 8587. Commissioners’ salaries; secretary and employés; com- pensation; witness fees; expenses. 8587a. Exchange of typewriters. 8587b. Salary of Secretary to Commission. 8588. Statement of expenditures of Commission. 8589. Auditing accounts of Commission. 8590. Sessions. 8591. Physical valuation of property of carriers; investigation by Commission; experts; examiners; classifi- cation and inventory. (1) Cost of property used for carrier purposes; value of other property. (2) Cost and value of real property. (3) Same; property held for other than carrier pur- poses. (4) History of corporate organization; increase or decrease of stocks; earnings and expenditures. (5) Amount and value of grants to carriers; value of concessions made by carrier. [Page 13531 Sec. 8591a. 8591b. 8592. 8598. 8599. 8600. 8601. 8602. 8602a. 8603. 8604. $ 8563. ject (6) Investigation; procedure. (7) Same; time for beginning; reports to Congress. (8) Same; documents to aid; access of agents to property; rules and regulations; inspection of records. (9) Valuation of extensions and improvements; re- ports to Congress. (10) Reports and information by carriers. (11) Notice of completion of tentative valuation; pro- tests; finality of valuation. (12) Protests; hearings; changes in valuations; ef- fect of final valuation and classification. (13) Effect of evidence as to values; modification of Ordors; judgment on original orders. (14) Receivers and trustees of carriers; ance With law. (15) Mandamus to compel compliance with law. Same; railroads to transport engineers and others making Surveys, to move and store cars and carry supplies. Same; statements showing employments under appro- priations. (1) Annual reports from carriers and owners of rail- roads, and answers to questions of Commission; Contents of reports; uniform system of accounts. (2) Period covered by and time for making reports; fallure to make reports or answer questions; Imonthly and special reports. (3) Recovery of forfeitures. (4) Administration of oath. (5) Forms of accounts and records; Commission, and examination. (6) Failure to keep accounts and records or submit Same to-inspection:- ---- (7) False entries in accounts and records kept by car- rier, or destruction, mutilation or alterations thereof, or failure to make entries or keeping Other accounts and records than those prescribed. (8) Examiner divulging facts or information. (9) Jurisdiction of courts to compel compliance with law by mandamus. (10) Special agents or examiners. (11, 12) [Transferred.] Mandamus to compel equal facilities to shippers. Annual report of Commission. Restrictions on operation of act. Commission enlarged; increase of members, terms of Office, and compensation. (1) Corporation common carriers liable for violations of law; failure to file and publish tariff; rebates, concessions, and discriminations; imprisonment as penalty; jurisdiction of prosecutions. (2) Liabilities for acts of agents; departure from pub- lished rates. (3) Receiving rebates from carriers; and recovery thereof. Parties to proceedings to enforce law. Proceedings in equity to enforce tariffs and prohibition of discriminations; duties of district attorneys, re- covery of damages; witnesses; precedence given hear- IngS. Agent in city of Washington for service of notices and processes; Service on agent, or, in default of desig- nation. Previous proceedings and acts of Commission not im- paired; powers conferred applicable to pending cases; existing obligations and liabilities, not affected. Commission to investigate issuance of stocks and bonds; appointment and compensation of members; employ– ment of experts and assistants; detail of officials from. departments and bureaus; expenses. Embezzlement or conversion by officers of carrier; ju- risdiction of State courts and conviction as bar to prosecution. Larceny and receiving stolen property; taking baggage; goods. Jurisdiction of state courts; quittal in state court. non-compli- access thereto by additional penalty, e fraudulently receiving stolen baggage; asporting effect of conviction or ac- (1) Carriers and transportation sub- to regulation—The provisions of this Act shali apply to any Corporation Or any person or persons en- gaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, Or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water, and to telegraph, telephone, and cable compa- nies (whether wire Or wireless) engaged in sending messages from One State, Territory, Or District of the Dnited States, to any other State, Territory, or Dis- trict of the United States, or to any foreign country, who shall be Considered and held to be common car- riers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property wholly by 3 8563(2) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1354] railroad (or partly by railroad and partly by water When both are used under a common control, manage- ment, or arrangement for a continuous carriage or shipment) from One State or Territory of the United States or the District of Columbia, to any other State Or Territory of the United States or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States to an adjacent foreign Country, Or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a for- eign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign Country: Provided, however, That the provisions of this Act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property wholly within one State and not shipped to or from a foreign country from or to any State Or Territory as aforesaid, nor shall they apply to the transmission of messages by telephone, telegraph, Or cable wholly within one State and not transmitted to or from a foreign country from or to any State Or Territory as aforesaid. - (2) Definitions; transportation, routes, rates, and operating facilities—The term “common Car- rier” as used in this Act shall include express com- panies and sleeping car companies. The term “rail- road” as used in this Act shall include all bridges and ferries used or operated in connection with any rail- road, and also all the road in use by any corporation operating a railroad, whether owned or Operated un- der a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facil- ities of every kind used or necessary in the trans- portation of the persons or property designated here- in, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property; and the term “transportation” shall include cars and other vehicles and all instrumental- ities and facilities of shipment or carriage, irrespec- tive of ownership or of any contract, express Or im- plied, for the use thereof and all services in commection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall be the duty of every carrier subject to the provisions of this Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applica- ble thereto; and to provide reasonable facilities for operating such through routes and to make reasonable rules and regulations with respect to the exchange, interchange, and return of cars used therein, and for the operation of such through routes, and providing for reasonable compensation to those entitled thereto. (3) Just and reasonable charges; classification of messages, and rates therefor; contracts by telegraph companies with carriers for ex- change of services—All charges made for any Serv- ice rendered or to be rendered in the transportation of passengers or property and for the transmission of messages by telegraph, telephone, or cable, as afore- said, or in connection therewith, shall be just and rea- sonable; and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful: Provided, That messages by telegraph, telephone, or cable, subject to the proVi- sions of this Act, may be classified into day, night, repeated, unrepeated, letter, commercial, press, GOV- ernment, and such other classes as are just and rea- sonable, and different rates may be charged for the different classes of messages: And provided further, That nothing in this Act shall be construed to prevent telephone, telegraph, and cable companies from enter- P ing into contracts with common carriers, for the ex- Change of Services. & (4) Classification of property for transporta- tion; regulations and practices affecting trans- portation—And it is hereby made the duty of all com- mon carriers subject to the provisions of this Act to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or prac- tices are or may be made or prescribed, and just and reasonable regulations and practices affecting Classifi- Cations, rates, or tariffs, the issuance, form, and Sub- stance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the facil- ities for transportation, the carrying of personal, Salm- ple, and excess baggage, and all other matters relating to or connected with the receiving, handling, trans- porting, storing, and delivery of property subject to the provisions of this act which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this Act upon just and reasonable terms, and every such unjust and unreasonable clas- sification, regulation, and practice with reference to commerce between the States and with foreign Coun- tries is prohibited and declared to be unlawful. See §§ 8604a–8604W. (5) Free passes or free transportation for pas- sengers—No common carrier subject to the proVisions of this Act, shall, after January first, nineteen hun- dred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transpor- tation for passengers, except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men’s Christian ASSO- ciations, inmates of hospitals and charitable and elee- mosynary institutions, and persons exclusively engag- ed in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to Such persons when transported by charitable societies Or hospitals, and the necessary agents employed in Such transporta- tion; to inmates of the National Homes Or State Homes for Disabled Volunteer Soldiers, and Of Sol- diers' and Sailors' Homes, including those about to enter and those returning home after discharge ; to necessary care takers of live stock, poultry, milk, and fruit ; to employees on sleeping cars, express Cars, and to linemen of telegraph and telephone companies; to Railway Mail Service employees, post-office inspec- tors, customs inspectors, and immigration inspectors; to newsboys on trains, baggage agents, witnesses at- tending any legal investigation in which the Common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Pro- vided, That this provision shall not be construed to prohibit the interchange Of passes for the Officers, agents, and employees of Common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous Visitation: And provided further, That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the Officers, agents, employees, and their families of such telegraph, telephone and cable lines, and the officers, agents, employees and their families of other Common Carriers subject to tha provisions of this Act: Provided further, That the term “employees” as used in this paragraph shall in- clude furloughed, pensioned, and superannuated em- ployees, persons who have become disabled or infirm in the service of any such Common Carrier, and the re- mains of a person killed in the employment of a car- rier and ex-employees traveling for the purpose of en- tering the service of any such common carrier; and the term “families” as used in this paragraph shall in- clude the families of those persons named in this Ch. A) # 8563 (9) INTERSTATE AND FOREIGN COMMERCE [Page 1355] províso, also the families of persons killed, and the widows during widowhood and minor children during minority of persons who died, while in the service of any such COmmon Carrier. Any common carrier vio- lating this provision shall be deemed guilty of a mis- demeanor and for each offense, on conviction, shall pay to the United States a penalty of not less than One hundred dollars nor more than two thousand dol- lars, and any person, other than the persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation shall be sub- ject to a like penalty. Jurisdiction of Offenses under this provision shall be the same as that provided for Offenses in an Act entitled “An Act to further regulate COmmerce with foreign nations and among the States,” approved February nineteenth, nineteen hundred and three, and any amendment thereof. See §§ 8563a, 8597-8599. (6) Transportation of article or commodity manufactured, mined, or produced by it, or which it owns, or in which it has interest—From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to trans- port from any State, Territory, or the District of Co- lumbia, to any other State, Territory, or the District Of Columbia, or to any foreign country, any article Or Commodity, other than timber and the manufactured products ºthereof, manufactured, mined, or produced by it, or under its authority, or which it may Own in whole or in part, or in which it may have any in- terest, direct or indirect, except such articles or com- modities as may be necessary and intended for its use in the Conduct of its business as a Common Carrier. (7) Switch connections and cars—Any common carrier subject to the provisions of this Act, upon ap- plication of any lateral, branch line of railroad, or Of any shipper tendering interstate traffic for transpor- tation, shall construct, maintain, and Operate upon reasonable terms a switch connection with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its rail- road, where Such Connection is reasonably practicable and can be put in with safety and will furnish suffi- Cient business to justify the construction and mainte- nance Of the same ; and shall furnish Cars for the movement of such traffic to the best of its ability with- out discrimination in favor of or against any such shipper. If any common carrier shall fail to install and Operate any such switch Or Connection as afore- said, on application therefor in writing by any ship- per or owner of such lateral, branch line of rail- road, such shipper or owner of such lateral, branch line of railroad may make Complaint to the commis- sion, as provided in section thirteen of this Act, and the commission shall hear and investigate the same and shall determine as to the Safety and practicability thereof and justification and reasonable compensation therefor, and the Commission may make an order, as provided in section fifteen of this Act, directing the Common carrier to comply with the provisions of this section in accordance with such order, and such Order shall be enforced as hereinafter provided for the enforcement of all other Orders by the commission, other than orders for the payment of money. (8) Car service; rules and regulations—The term “car service” as used in this Act shall include the movement, distribution, exchange, interchange, and return of cars used in flhe transportation of prop- erty by any carrier subject to the provisions of this Act. It shall be the duty Of every Such carrier to estab- lish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car serv- ice, and every unjust and unreasonable rule, regula- tion, and practice with respect to car service is pro- hibited and declared to be unlawful. The Interstate Commerce Columission is hereby au- thorized by general or special Orders to require all carriers subject to the provisions of the Act, or any Of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that the Said rules and regulations shall be in Corporated in their schedules showing rates, fares, and Charges for transportation and be subject to any Or all of the provisions of the Act relating thereto. The COmmission shall, after hearing, on a complaint Or upon its Own initiative without complaint, estab- lish reasonable rules, regulations, and practices with , respect to car service, including the classification of cars, compensation to be paid for the use of any car not Owned by any such common carrier and the pen- alties or Other Sanctions for nonObservance Of Such rules. Whenever the Commission shall be of Opinion that necessity exists for immediate action with respect to the supply or use of cars for transportation of proper- ty, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own in- itiative without complaint, at Once, if it so Orders, Without answer or other formal pleading by the in- terested carrier or carriers, and with or without no- tice, hearing, or the making or filing of a report, ac- cording as the commission may determine, to sus- pend the Operation of any or all rules, regulations, or practices then established with respect to car service H for—such time as may be determined by the commis- sion, and also authority to make such just and rea- sonable directions with respect to Car Service during Such time as in its opinion will best promote Car service in the interest of the public and the commerce Of the people. The directions Of the Commission as to Car Service may be made through and by such agents or agencies as the Commission shall designate and appoint for that purpose. In case of failure or refusal. On the part of any carrier, receiver, or trustee to comply with any direc- tion or order with respect to car service, such carrier, receiver, or trustee shall be liable to a penalty of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (9) Obstructing or retarding orderly conduct or movement of interstate or foreign commerce, or movement of trains engaged therein—On and after the approval of this Act any person or persons who shall, during the war in which the United States is now engaged, knowingly and willfully, by physical force or intimidation by threats of physical force Ob- struct or retard, or aid in obstructing or retarding, the Orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make- up or movement or disposition of any train, or the movement or disposition of any locomotive car, or oth- er vehicle On any railroad Or elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such Offense shall be punishable by a fine Of not exceeding $100 or by imprisonment for not exceeding six months, or by both such fine and imprisonment ; and the Pres- ident of the United States is hereby authorized, when- ever in his judgment the public interest requires, to employ the armed forces of the United States to, pre- vent any such obstruction or retardation of the pas- sage of the mail, or of the orderly conduct or move- ment Of interstate or foreign Commerce in any part Of the United States, Or of any train, locomotive, car, or other vehicle upon any railroad Or elsewhere in the United States engaged in interstate or foreign commerce: Provided, That nothing in this section shall be construed to repeal, modify, or affect either Section six or Section twenty of an Act entitled “An Act to supplement existing laws against unlawful re- straints and monopolies, and for other purposes,” ap- proved October fifteenth, nineteen hundred and four- teen. & 8563 (10) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1356] (10) Preference or priority of transportation of commodities essential to national defense; agencies at Washington by common carriers- During the continuance of the war in which the Unit- ed States is now engaged the President is authorized, if he finds it necessary for the national defense and security, to direct that such traffic or such shipments of commodities as, in his judgment, may be essential to the national defense and security shall have pref- erence or priority in transportation by any common carrier by railroad, water, or otherwise. He may give these directions at and for Such times as he may de- termine, and may modify, change, suspend, Or annul them, and for any such purpose he is hereby authoriz- ed to issue Orders direct, Or through. Such perSOn Or persons as he may designate for the purpose Or through the Interstate Commerce Commission. Offi- cials of the United States, when so designated, Shall receive no compensation for their services rendered hereunder. Persons not in the employ of the United States so designated shall receive such compensation as the President may fix. Suitable offices may be rented and all necessary expenses, including COm- pensation of persons so designated, shall be paid as directed by the President out of funds which may have been or may be provided to meet expenditures for the national Security and defense. The Com- mon carriers subject to the Act to regulate COmmere or as many of them as desire so to do are hereby au- thorized without responsibility or liability on the part of the United States, financial or otherwise, to establish and maintain in the City of Washington during the period of the war an agency empowered by Such carriers as join in the arrangement to receive on behalf of them all notice and Service Of Such Or- ders and directions as may be issued in a CCOrdance with this Act, and service upon such agency shall be good service as to all the carriers joining in the es- tablishment thereof. And it shall be the duty Of any and all the officers, agents, or employees of Such Car- riers by railroad or water or otherwise to obey strict- ly and conform promptly to such orders, and failure knowingly and willfully to comply therewith, or to do or perform whatever is necessary to the prompt execution of such order, shall render such officers, agents, or employees guilty of a misdemeanor, and any such Officer, agent or employee shall, upon Con- viction, be fined not more than $5,000, or imprisoned not more than One year, or both, in the discretion of the court. For the transportation of persons or property in carrying out the orders and directions of the President, just and reasonable rates shall be fixed hy the Interstate Commerce Commission ; and if the transportation be for the Government of the United States, it shall be paid for currently or monthly by the Secretary of the Treasury out of any funds not otherwise appropriated. Any carrier complying with any. Such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal pains, penalties, obligations, or liabilities upon car- riers by reason of giving preference or priority in compliance with such order or direction. (Feb. 4, 1887, c. 104, § 1, 24 Stat. 379, amended, June 29, 1906, c. 3591, § 1, 34 Stat. 584, April 13, 1908, c. 143, 35 Stat. 60, June 18, 1910, c. 309, § 7, 36 Stat. 544, May 29, 1917, c. 23. 40 Stat. 101, and Aug. 10, 1917, c. 51, 40 Stat. 272) - See § 8569 (8). - $ 8563a. Exception from law prohibiting free passes or free transportation—Nothing contained ºn the Act to regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, or the Acts amendatory thereof, shall be so construed by the Interstate Commerce Commission, or by the courts, as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assum- ed in leasing said railway to furnish free transpor- tation to the trustees of Said Cincinnati Southern Railway, their officers and agents. Provided, That relieved from the Operation of this section: the free transportation referred to shall be furnish- ed. Only . When persons entitled thereto are traveling On the business of the company. (Feb. 17, 1917, c. 84, 39 Stat. 922.) See § 8563. - $ 8564. Special rates, and rebates prohibited —If any common carrier subject to the provisions of this act shall, directly Or indirectly, by any special rate, rebate, drawback, or other device, charge, de- mand, Collect, or receive from any person or per- SOnS a greater Or less Compensation for any Service rendered, or to be rendered, in the transportation. Of passengers or property, Subject to the provisions of this act, than it charges, demands, Collects, or receives from any other person or persons for doing for him or them a like and Contemporaneous Service in the trans- portation of a like kind of traffic under substantially a similar circumstances and conditions, such common Čarrier shall be deemed guilty of unjust discrimina- tion, which is hereby prohibited and declared to be unlawful. (Feb. 4, 1887, c. 104, § 2, 24 Stat. 379.) $ 8565. Undue preferences prohibited; equal facilities to connecting lines; terminal facilities —It shall be unlawful for any common carrier sub- ject to the provisions of this act to make Or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or lo- cality, or any particular description of traffic, in any respect whatsoever, or to subject any particular per- son, Company, firm, corporation, or locality, Or any particular description of traffic, to any undue or un- reasonable prejudice or disadvantage in any respect whatsoever. Every common carrier subject to the provisions of this act shall, according to their re- spective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forward- ing, and delivering of passengers and property to and from their several lines and those Connecting there with, and shall not discriminate in their rates and charges between such Connecting lines; but this Shall not be Construed as requiring any Such Common carrier to give the use of its tracks or terminal facili- ties to another carrier engaged in like business. (Feb. 4, 1887, c. 104, § 3, 24 Stat. 380.) See § 8597. - $ 8566. Charges for long and short hauls; charges on through route; temporary continu- ance of existing rates; competition of railroads with water routes—It shall be unlawful for any common carrier subject to the provisions Of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, for a shorter than for a longer distance over the same line or route in the same di- rection, the shorter being included within the longer distance, or to Charge any greater COmpensation as a through route than the aggregate Of the intermediate rates subject to the provisions Of this Act; but this shall not be Construed as authorizing any Common carrier within the terms of this Act to charge or re- ceive as great Compensation for a shorter as for a longer distance: Provided, however, That upon ap- plication to the Interstate Commerce Commission such common Carrier may in special Cases, "after investiga- tion, be authorized by the Commission to Charge less. for longer than for shorter distances for the trans- portation. Of passengers Or property ; and the COm- mission may from time to time prescribe the extent to which such designated common carrier may be Provid- ed further, That no rates or charges lawfully exist- ing at the time Of the passage Of this amendatory Act shall be required to be Changed by reason of the provisions of this section prior to the expiration of six months after the passage of this Act, nor in any case where application shall have been filed before the commission, in accordance with the provisions Ch. A) 3 8569(3) INTERSTATE AND FOREIGN COMMERCE [Page 1357I of this section, until a determination of such applica- tion by the COmmission. Whenever a carrier by railroad shall in Competi- tion with a Water route or routes reduce the rates On the carriage of any species of freight to or from Com- petitive points, it shall not be permitted to increase such rates unless after hearing by the Interstate Commerce Commission, it shall be found that such proposed increase rests upon changed Conditions oth- er than the elimination of water competition. (Feb. 4, 1887, c. 104, § 4, 24 Stat. 380, amended, June 18, 1910, c. 309, § 8, 36 Stat. 547.) $ 8567. Pooling; owning, leasing, operating, controlling, or having interest in competing car- rier by water operated through Panama Canal or elsewhere by carrier subject to act—It shall be unlawful for any common carrier subject to the pro- visions of this act to enter into any Contract, agree- ment, or combination with any other Common car- rier or carriers for the pooling of freights Of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings Of Such railroads, or any portſon thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a Sepa- rate Offense. From and after the first day of July, nineteen hun- dred and fourteen, it shall be unlawful for any rail- road company or other common carrier subject to the Act to regulate commerce to own, lease, Operate, COIl- trol, or have any interest whatsoever (by stock Owner- ship or otherwise, either directly, indirectly, through any holding company, or by stockholders or directors in common, or in any other manner) in any Common carrier by water operated through the Panama Canal or elsewhere with which said railroad or Other Car- rier aforesaid does or may compete for traffic Or any vessel carrying freight or passengers upon Said Wa- ter route or elsewhere with which said railroad Or other carrier aforesaid does or may compete for traf- fic ; and in case of the violation of this provision each day in which such violation continues shall be deem- ed a separate Offense. (Feb. 4, 1887, c. 104, § 5, 24 Stat. 380, amended, Aug. 24, 1912, c. 390, § 11, 37 Stat. 566.) See § 8835g. $ 8568. Determination of fact of competition by Commission; hearings; orders; continuation of water service where competition not exclud- ed; filing of rates, schedules; application for ex- tension of service—Jurisdiction is hereby Conferred On the Interstate Commerce Commission to determine questions of fact as to the competition or possibility of competition, after full hearing, on the application of any railroad company or other carrier. Such ap- plication may be filed for the purpose of determining whether any existing service is in Violation. Of this Section and pray for an Order permitting the COIntinu- ance of any vessel or vessels already in Operation, or for the purpose of asking an Order to install new serv- ice not in conflict with the provisions Of this para- graph. The commission may On its own motion or the application of any shipper institute proceedings to inquire into the Operation Of any vessel in use by any railroad or other carrier which has not applied to the Commission and had the question Of competi- tion or the possibility of Competition determined as herein provided. In all Such Cases the Order of Said COmmission shall be final. If the Interstate COmmerce Commission Shall be of the Opinion that any such existing specified serv- ice by water other than through the Panama Canal is being Operated in the interest of the public and is of advantage to the COnvenience and commerce of the people, and that Such extension will neither exclude, prevent, nor reduce Competition on the route by water under consideration, the Interstate Commerce Com- mission may, by Order, extend the time during which , ment ; Such Service by water may continue to be operated be- yond July first, nineteen hundred and fourteen. In every case of such extension the rates, schedules, and practices Of Such water carrier shall be filed With the interstate Commerce Commission and shall be subject to the act to regulate commerce and all amend- ments thereto in the same manner and to the same ex- tent as is the railroad or other Common Carrier COn- trolling such water carrier Or interested in any man- ner in its operation: Provided, Any application for extension under the terms of this provision filed With the Interstate Commerce Commission prior to July first, nineteen hundred and fourteen, but for any rea- son not heard and dispóšed Of before said date, may be considered and granted thereafter. (Aug. 24, 1912, c. 390, § 11, 37 Stat. 567.) See § 8835.j. $ 8569. (1) Schedules of rates, fares, and charges; filing and inspection by public—Every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection Sched- ules showing all the rates, fares, and Charges for transportation between different points On its OWI) route and between points on its own route and points On the route of any other carrier by railroad, by pipe line, or by water when a through route and joint Fate have been established. If no joint rate Over the through route has been established, the several car- riers in Such through route shall file, print and keep Open to public inspection as aforesaid, the separate- ly established rates, fares and Charges applied to the through transportation. The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passen- gers will be carried, and shall contain the Classifi- cation of freight in force, and shall also State Sep- arately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted Or allowed and any rules or regulations which in any wise change, affect, or determine any part Or the ag- gregate of such aforesaid rates, fares, and Charges, Or the value of the service rendered to the passen- ger, shipper, or consignee. Such schedules shall be plainly printed in large type, and Copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respective- ly, are received for transportation, in such form that they shall be accessible to the public and can be con- veniently inspected. The provisions of this section shall apply to all traffic, transportation, and facili- ties defined in this Act. (2) Schedules of through rates for freight through foreign country—Any Common Carrier Sub- ject to the provisions of this Act receiving freight in the United States to be Carried through a foreign Country to any place in the United States shall also in like manner print and keep Open to public inspec- tion, at every depot or office where such freight is re- ceived for shipment, schedules showing the through rates established and charged by Such Common carrier to all points in the United States beyond the for- eign country to which it accepts freight for ship- and any freight Shipped from the United States through a . foreign Country into the United States the through rate On Which shall not have been made public, as required by this Act, shall, before it is admitted into the United States from Said for- eign country, be subject to Customs duties as if said freight were of foreign production. (3) Notice of changes in rates, fares, and charges—No change Shall be made in the rates, fares, and charges or joint rates, fares, and Charges which Inave been filed and published by any Common Car- rier in compliance with the requirements of this Sec- tion, except after thirty days' notice to the Commis- # 8569(4) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE IIPage 1358] sion and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time When the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by print- ing new schedules, or shall be plainly indicated upon the Schedules in force at the time and kept Open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein specified, Or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by a general Order applicable to Special or peculiar Circumstances or conditions. (4) Joint tariffs—The names of the several Car- riers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, Other than the One filing the same, shall file With the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of Concur- rence Or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in Which they are named as parties. (5) Copies of traffic contracts, filed—Every Com- mon carrier subject to this Act shall also file with Said Commission copies of all contracts, agreements, Or arrangements with other Common carriers in rela- tion to any traffic affected by the provisions of this Act to which it may be a party. - (6) Forms of schedules prescribed by Com- mission—The Commission may determine and pre- Scribe the form in which the schedules required by this Section to be kept open to public inspection shall be prepared and arranged and may change the form from time to time as shall be found expedient. (7) Transportation of passengers or property, without filing and publishing rates; compensation other than as specified; “carrier” to mean “corn- mon carrier”—No carrier, unless otherwise provided by this Act, shall engage or participate in the trans- portation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions Of this Act; nor shall any carrier charge or demand Or Collect or receive a greater or less or different COmpensation for such transportation of passengers Or property, Or for any service in Connection there- With, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges SO Specified, nor extend to any shipper or person any privileges Or facilities in the transportation of pas- SengerS or property, except Such as are Specified in such tariffs: Provided, That wherever the word “car- rier” Occurs in this Act it shall be held to mean “COmmon Carrier.” * (8) Preference to shipments for United States —That in time of war or threatened war preference and precedence shall, upon the demand of the Presi- dent of the United States, be given, over all other traffic, for the transportation of troops and material of War, and Carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be de- livered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to ship- ments SO COnSigned. * See § 8563 (10): - (9) Schedules not giving notice of effective date—The Commission may reject and refuse to file any schedule that is tendered for filing which does not provide and give lawful notice of its effective date, and any schedule so rejected by the commis- SiOn Shall be void and its use shall be unlawful. (10) Penalty for failure to comply with regu- lations or orders of Commission—In case of failure Or refusal on the part of any carrier, receiver, or trustee to comply with the terms of any regulation adopted and promulgated or any order made by the Commission under the provisions of this section, such Carrier, receiver, or trustee shall be liable to a pen. alty of five hundred dollars for each such offense, and twenty-five dollars for each and every day of the COntinuance of Such offense, which shall accrue to the United States and may be recovered in a civil ac- tion brought by the United States. (11) Penalty for failure to give written state- ment of rates or for misstating rate—If any com- mºon carrier subject to the provisions of this Act after Written request made upon the agent of such carrier hereinafter in this section referred to, by any person Or COmpany for a written Statement of the rate or Charge applicable to a described shipment between stated places under the schedules or tariffs to which Such carrier is a party, shall refuse or omit to give Such written statement within a reasonable time, or Shall misstate in writing the applicable rate, and if the person or company making such request suffers damage in Consequence of such refusal or omission Or in Consequence of the misstatement of the rate, either through making the shipment Over a line Or route for which the proper rate is higher than the rate over another available line or route, or through entering into any sale or other contract whereunder Such person or company obligates himself or itself to make such shipment of freight at his or its cost, then the said carrier shall be liable to a penalty of two hundred and fifty dollars, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (12) Name of resident agent of carrier by rail- road posted; request for information as to rates —It shall be the duty of every carrier by railroad to keep at all times conspicuously posted in every sta- tion where freight is received for transportation the name of an agent resident in the city, village, or to Wn where such station is located, to whom application may be made for the information by this section re- Quired to be furnished on written request; and in Case any carrier shall fail at any time to have such name so posted in any station, it shall be sufficient to address such request in substantially the following . form : “The Station Agent of the Company at Station,” together with the name of the proper post-office, inserting the name of the carrier com- pany and of the station in the blanks, and to serve the same by depositing the request so addressed, with postage thereon prepaid, in any post-office. (13) Jurisdiction of Commission; transporta- tion by rail and water through Panama Canal or otherwise—When property may be or is transported from point to point in the United States by rail and Water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdic- tion Of Such transportation and of the carriers, both by rail and by water, which may or do engage in the Same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten. (14) Same; dock connections between rail and water carriers—(a) To establish physical connec- tion between the lines of the rail carrier and the dock Of the Water carrier by directing the rail carrier to make Suitable connection between its line and a track Or tracks which have been Constructed from the dock to the limits of its right of way, or by directing either or both the rail and water carrier, individually Or in COnnection With One another, to construct and Ch. A) 3 8574 (1) INTERSTATE AND FOREIGN COMMERCE [Page 1359] Connect with the lines of the rail Carrier a spur track or tracks to the dock. This provision shall only ap- ply where Such Connection is reasonably practicable, can be made With Safety to the public, and where the amount of business to be handled is sufficient to jus- tify the outlay. (15) Same; terms and conditions on which commecting tracks shall be operated—The Commis- Sion shall have full authority to determine the terms and Conditions upon which these connecting tracks, When Constructed, shall be operated, and it may, ei- ther in the construction or the Operation of such tracks, determine what sum shall be paid to or by either Carrier. The provisions of this paragraph shall extend to cases where the dock is owned by other parties than the carrier involved. (16) Same; through routes and joint rates— (b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which Such lines shall be operated in the handling of the traffic embraced. (17) Same; maximum proportional rates—(c) To establish maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in Connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a COImmon carrier by water. (18) Same; extension of arrangements be- tween rail and water carriers to other vessels— (d) If any rail carrier subject to the act to regulate Commerce enters into arrangements with any Water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise, for the handling of through business be- tween interior points of the United States and Such foreign Country, the Interstate Commerce Commis- sion may require such railway to enter into Similar arrangements with any or all other lines of steam- ships operating from said port to the same foreign country. (Feb. 4, 1887, c. 104, § 6, 24 Stat. 380, March 2, 1889, c. 382, § 1, 25 Stat. 855, June 29, 1906, c. 3591, § 2, 34 Stat. 586, June 18, 1910, c. 309, § 9, 36 Stat. 548, Aug. 24, 1912, c. 390, § 11, 37 Stat. 568, and Aug. 29, 1916, c. 417, 39 Stat. 604.) See §§ 8567, 8569, 8597. $ 8570. Institution of proceedings before Commission relating to proceedings authorized by section—The Orders of the Interstate Commerce Commission relating to this section shall Only be made upon formal complaint or in proceedings instituted by the commission of its own motion and after full hearing. The Orders provided for in the two amend- ments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the commission made under the provisions of Section fifteen of the Act to regulate Commerce, as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving Of Security for the payment of any sum or the discharge Of any obligation which may be required' by the terms of said Order. (Aug. 24, 1912, c. 390, § 11, 37 Stat. 568.) $ 85’71. Combinations to prevent continuous carriage of freight to destination prohibited-It shall be unlawful for any common Carrier Subject to the provisions of this act to enter into any COlmbina- tion, Contract, or agreement, expressed Or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the car- riage of freights from being continuous from the place of shipment to the place of destination ; and no break of bulk, stoppage, or interruption made by Such Common. Carrier shall prevent the carriage of freights from being and being treated as one con- tinuous carriage from the place of shipment to the place Of destination, unless such break, stoppage, or interruption was made in good faith for some neces- Sary purpose, and without any intent to avoid or un- necessarily interrupt such continuous carriage or to evade any of the provisions of this act. (Feb. 4, 1887, c. 104, § 7, 24 Stat. 382.) See §§ 8820–8836. $ 8572. Liability for violation of aet—In case any Common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall Omit to do any act, matter, or thing in this act required to be done, such COmmon Carrier shall be liable to the person or per- Sons injured thereby for the full amount of damages Sustained in COnsequence of any such violation of the provisions of this act, together with a reasonable Counsel or attorney’s fee, to be fixed by the court in eVery Case of recovery, which attorney’s fee shall be taxed and Collected as part of the costs in the case. (Feb. 4, 1887, c. 104, § 8, 24 Stat. 382.) See §§ 8597–8599. $ 8573. Remedies of persons damaged—Any perSOn Or perSons claiming to be damaged by any COmmon Carrier subject to the provisions of this—aet may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for Which Such common carrier may be liable under the provisions of this act, in any district [or circuit) Court of the United States of competent jurisdiction ; but Such person or persons shall not have the right to pursue both of Said remedies, and must in each Case elect which one of the two methods of proce- dure herein provided for he or they will adopt. In any Such action brought for the recovery of damages the Court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent Of the Corporation or company defendant in Such Suit to attend, appear, and testify in such case, and may Compel the production of the books and pa- pers Of Such Corporation or Company party to any Such Suit ; the claim that any such testimony Or evi- dence may tend to criminate the person giving such evidence shall not excuse such witness from testi- fying, but such evidence or testimony shall not be used against such person on the trial of any crimi- nal proceeding. (Feb. 4, 1887, c. 104, § 9, 24 Stat. 382. 're in brackets superseded by §§ 1265–1267. $ 8574. (1) Violation of act by carrier or of.- ficer—Any Common carrier subject to the provisions Of his Act, Or, whenever such common carrier is a Corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for Or employed by such Corporation, who, alone or with any other Corporation, company, person, or party, shall willfully do Or Cause to be done, or shall will- ingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlaw- ful, or who shall aid or abet therein, or shall will- fully omit or fail to do any act, matter, or thing in this Act required to be done, Or shall cause or will- ingly suffer or permit any act, matter, or thing so di- rected or required by this Act to be done not to be so done, or shall aid or abet any such omission or fail. ure, or shall be guilty Of any infraction of this Act for which no penalty is otherwise provided, or who shall aid or abet therein, shall be deemed guilty of a misdemean Or, and Shall, upon conviction thereof in any district Court of the United States within the jurisdiction of which such offense was committed, be subject to a fine Of not to exceed five thousand dol- lars for each offense: Provided, That if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, Or 3 8574 (2) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1369] Charges for the transportation of passengers or prop- erty, such person shall, in addition to the fine here- inbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, Or both such fine and imprisonment, in the discretion. Of the court. (2) False billing or classification by carrier - or officer for transportation of property at less than regular rates—Any common carrier subject to the provisions of this Act, or, whenever such common carrier is a corporation, any officer or agent there- of, or any person acting for or employed by such cor- poration, who, by means of false billing, false classifi- Cation, false weighing, or false report of weight, or by any other device or means, shall knowingly and Willfully assist, Or shall Willingly suffer Or permit, any person or persons to obtain transportation for prop- erty at Jess than the regular rates then established and in force on the line of transportation of Such Common Carrier, shall be deemed guilty of a misde- . meanor, and shall, upon conviction thereof in any Court of the United States of competent jurisdiction Within the district in which Such offense Was COm- mitted, be subject to a fine of not exceeding five thou- sand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the dis- cretion of the court, for each offense. (3) Obtaining or attempting to obtain trans- portation for property at less than regular rates, by false billing or classification or by making false claim for dazmages—Any person, Corporation, or company, or any agent or Officer thereof, who shall deliver property for transportation to any Common Carrier subject to the provisions Of this Act, or for whom, as COnSignor Or COriSignee, any Such Carrier shall transport property, who shall knowingly and willfully, directly or indirectly, himself or by em- ployé, agent, officer, or otherwise, by false billing, false classification, false Weighing, false representa- tion of the contents Of the package Or the Substance of the property, false report of Weight, false state- ment, or by any other device or means, whether With or without the consent or connivance of the carrier, its agent, or officer, obtain or attempt to Óbtain trans- portation for such property at less than the regular rates then established and in force on the line of transportation; or who shall knowingly and Willfully, directly or indirectly, himself or by employé, agent, officer, or otherwise, by false statement or represen- tation as to cost, value, nature, or extent of injury, or by the use of any false bill, bill Of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious, Or fraudulent, or to contain any false, fictitious, or fraudulent statement or entry, obtain. Or attempt to obtain any allowance, refund, Or payment for damage or otherwise in connection with or growing out of the transportation of or agreement to transport Such prop- erty, whether with or without the consent or con- nivance of the carrier, whereby the Compensation of such carrier for such transportation, either before or after payment, shall in fact be made less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any Court of the United States of Competent jurisdiction. Within the district in which such offense was wholly Or in part committed, be subject for each offense to a fine of not exceeding five thousand dollars Or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court: Provid- ed., That the penalty of imprisonment shall not apply to artificial persons. - - * . * * (4) Inducing or attempting to induce, by pay- ment of money or solicitation, carrier or officer to discriminate unjustly in transportation of prop- erty—If any such person, or any officer or agent of any Such corporation or company, shall, by payment Of money or other thing of Value, Solicitation, or oth- erWise, induce Or attempt to induce any common car- rier Subject to the provisions of this Act, or any of its Officers or agents, to discriminate unjustly in his, its, Or their favor as against any other consignor or Consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of Such Corporation or Company shall be deemed guilty Of a misdemeanor, and shall, upon conviction thereof in any Court of the United States of Competent juris- diction within the district in which Such Offense Was Committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion Of the Court, for each Offense ; and such DerSOn, Corporation, Or Company shall also, together With said Common Carrier, be liable, jointly or several- ly, in an action to be brought by any consignor or Consignee discriminated against in any court of the United States of Competent jurisdiction for all dam- ages caused by or resulting therefrom. (Feb. 4, 1887, c. 104, § 10, 24 Stat. 382, amended, March 2, 1889, c. 382, § 2, 25 Stat. 857, and June 18, 1910, c. 309, § 10, 36 Stat. 549.) - See §§ 8597-8599. - $ 85'75. Interstate Commeree Commission; appointment, term of service, and removal of Commissioners-—A commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Com- missioners, Who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioners first appointed tinder this act shall Continue in office for the term of two, three, four, five, and six years, respectively, from the first day of Jan- uary, anno Domini eighteen hundred and eighty-seven, the term of each to be designated by the President; but their successors shall be appointed for terms of Six years, except that any person Chosen to fill a vacancy shall be appointed only for the unexpired term Of the Commissioner Whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in of- fice. Not more than three Of the Commissioners shall be appointed from the same political party. No person in the employ of Or holding any . Official relation to any COmmon Carrier Subject to the provisions of this act, Or OWning Stock Or bonds thereof, or who is in any manner pecuniarily interested therein, shall en- ter upon the duties of Or hold such office. Said Com- missioners shall not engage in any other business, vocation, or employment. No vacancy in the Commis- sion shall impair the right of the remaining Commis- sioners to exercise all the powers of the Commission. (Feb. 4, 1887, c. 104, § 11, 24 Stat. 383.) - See § 8596. . § 8576. Same; authority, powers, and pro- ceedings of Commission; witnesses—The Commis- Sion hereby created shall have authority to inquire into the management Of the business Of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to Obtain from Such common carriers full and Complete information necessary, to enable the Com- mission to perform the duties and carry out the Ob- jects for which it was Created; and the Commission is hereby authorized and required to execute and en- force the provisions of this act; and, upon the re- quest of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper Court and to prosecute under the direction of the At- torney-General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations there- Ch. A) ź 857 INTERSTATE AND FOREIGN COMMERCE [Page 1361] of, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the pur- poses of this act the Commission shall have power to require, by Subpoena, the attendance and testimony Of witnesses and the production of all books, papers, tariffs, Contracts, agreements, and documents relat- iſig to any matter under investigation. Such attendance of witnesses, and the production of Such documentary evidence, may be required from any place in the United States, at any designated place Of hearing. And in case of disobedience to a sub- poena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any COurt of the United States in requiring the attend- ance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. - And any of the circuit Courts of the United States within the jurisdiction of which such inquiry is car- ried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common Carrier or other per- son to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter, in question; and any failure to Tobey such order of the court may be punished by Such court as a contempt thereof. The claim that any Such testimony or evidence may tend to Criminate the per- son giving such evidence shall not excuse such witness from testifying ; but such evidence or testimony Shall not be used against such person on the trial of any Criminal proceeding. The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also Order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of Such proceeding or investigation. Such depositions may be taken before any judge of any Court of the Unit- ed States, or any commissioner of a circuit, or any clerk of a district or circuit court, Or any chancellor, justice, or judge of a supreme or Superior Court, mayor or chief magistrate of a city, judge of a Coun- ty court, or court of common pleas of any of the United States, or any notary public, not being Of Counsel or attorney to either Of the parties, nor in- terested in the event of the proceeding or investiga- tion. Reasonable notice must first be given in Writing by the party or his attorney proposing to take Such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place Of the taking Of his deposition. Any person may be compelled to appear and depose, and to produce docu- mentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as here- in before provided. Every person deposing as herein provided shall be Gautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully exam- ined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his di- rection, and shall, after it has been reduced to Writ- ing, be subscribed by the deponent. º If a Witness Whose testimony may be desired to be taken by deposition be in a foreign Country, the deposition may be taken bofore an Officer or person des- ignated by the Commission, or agreed upon by the par- ties by stipulation in Writing to be filed with the Com- mission. All depositions must be promptly filed with the Commission. COMP. S.T.’18—86 Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the Same, Shall Severally be entitled to the same fees as are paid for like services in the Courts of the United States. (Feb. 4, 1887, c. 104, § 12, 24 Stat. 383, amond- ed, March 2, 1889, c. 382, § 3, 25 Stat. 858, and Feb. 10, 1891, c. 128, 26 Stat. 743.) As to self-criminating testimony, see § 8577. And see §§ 8577-8579, 8599, 8666-8676, 8835.j, 8836c, 10082, 10085. $ 8577. Self-criminating testimony; perjury; refusal to testify—No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in Obedience to the subpoena Of the Comnuission, whether Such subpoena be signed or issued by one or more Com- missioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleg- ed violation of the act of Congress, entitled “An act to regulate commerce,” approved February fourth, eighteen hundred and eighty-seven, or of any amend- ment thereof On the ground or for the reason that the testimony Or evidence, documentary or otherwise, re- quired of him, may tend to Criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for Or On account of any transaction, matter or thing, con- – cerning— which—he may—testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena. Of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from pros- ecution and punishment for perjury Committed in SO testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements and documents, if in his power to do so, in obedience to the Subpoena. Or lawful requirement of the Commission shall be guilty of an Offense and upon conviction there- of by a court of competent jurisdiction shall be pun- ished by fine not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment. (Feb. 11, 1893, c. 83, 27 Stat. 443.) See § 8576 and note. $ 8578. Appropriation for enforcement of laws; exemptions from prosecutions of persons giving testimony; perjury—For the enforcement of the provisions of the Act entitled “An Act to regulate Commerce,” approved February fourth, eighteen hun- dred and eighty-seven, and all Acts amendatory there- of or Supplemental thereto, and of the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety, and all Acts amendatory thereof or supplemental thereto, and sections seventy- three, Seventy-four, seventy-five, and seventy-six of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and other purposes,” ap- proved August twenty-Seventh, eighteen hundred and ninety-four, the sum of five hundred thousand dollars, to be immediately available, is hereby appropriated, out of any money in the Treasury not heretofore appropri- ated, to be expended under.the direction of the Attor- ney-General in the employment Of Special Counsel and agents of the Department of Justice to conduct proceed- ings, suits, and prosecutions under said Acts in the courts of the United States: Provided, That no per- son shall be prosecuted or be subjected to any penalty or forfeiture for Or on account of any transaction, mat- ter, or thing concerning which he may testify or pro- duce evidence, dOCumentary or otherwise, in any pro- ceeding, suit, or prosecution under said Acts: Provid- ed further, That no person so testifying shall be ex- empt from prosecution or punishment for perjury Com- mitted in so testifying. (Feb. 25, 1903, c. 755, § 1, 32 Stat. 904.) See § 8576 and note. And see §§ 8820–8823, 8831–8835. 4 8579 ‘. . INTERSTATE AND FOREIGN COMMERCE - (Tit. 56A IPage 1362] § 8579. Application of laws as to attendance of witnesses under acts to regulate commerce, to proceedings under act—All existing laws relat- ing to the attendance of witnesses and the production Of evidence and the Compelling of testimony under the Act to regulate commerce and all Acts amendatory thereof shall apply to any and all proceedings and hearings under this Act. (June 29, 1906, c. 3591, § 9, 34 Stat. 595.) See § 8576 and note. $ 8580. Immunity to witnesses to extend only to natural persons testifying—Under the immunity provisions in the Act entitled “An Act in relation to testimony before the Interstate Commerce Commis- sion,” and so forth, approved February eleventh, eight- een hundred and ninety-three, in section six of the Act entitled “An Act to establish the Department of Commerce and Labor,” approved February fourteenth, nineteen hundred and three, and in the Act entitled “An Act to further regulate commerce with foreign nations and among the States,” approved February nineteenth, nineteen hundred and three, and in the Act entitled “An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, Inineteen hundred and four, and for other purposes,” approved February twenty-fifth, nineteen hundred and three, immunity shall extend Only to , a natural per- Son who, in obedience to a subpoena, gives testimony under Oath or produces evidence, documentary Or otherwise, under oath. (June 30, . 1906, c. 3920, 34 Stat. 798.) See § 8576 and note. - $ 8581. (1) Complaint to Commission of vio- lation of law by carrier; statement to carrier; reparation; investigation—Any person, firm, corpo- ration, COmpany, Or association, or any mercantile, agricultural, or manufacturing society or other or- ganization, Or any body politic Or municipal Organiza- tion, or any common carrier, complaining of anything done or Omitted to be done by any Common Carrier subject to the provisions of this Act, in contravention of the provisions thereof, may apply to ‘said COm- mission by petition, which shall briefly state the facts; whereupon a statement of the complaint thus made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the com- plaint, or to answer the same in Writing, within a rea- sonable time, to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been done, the common carrier shall be relieved of liabil- ity to the complainant only for the particular viola- tion of law thus complained Of. If Such Carrier or Carriers shall not satisfy the Complaint within the time Specified, Or there shall appear to be any reason- able ground for investigating said complaint, it shall be the duty Of the COImmission to investigate the mat- ters COImplained of in Such manner and by Such means as it shall deem proper. (2) Complaint to Commission by State Rail- road Commission; inquiry on Commission’s own motion—Said commission shall, in like manner and with the same authority and powers, investigate any Complaint forwarded by the railroad Commissioner Or railroad commission of any State or Territory at the request of such colmmissioner or Commission, and the Interstate Commerce Commission shall have full all- thority and power at any time to institute an inquiry, On its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to Or before said Commission by any provision of this Act, or concerning which any ques- tion may arise under any of the provisions of this Act, or relating to the enforcement of any of the pro- visions of this Act. And the said commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though {t had been appealed to by complaint Or petition un- der any of the provisions of this Act, including the power to make and enforce any Order or Orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. No complaint shall at any time be dismissed because of the absence of direct dam- age to the complainant. (Feb. 4, 1887, c. 104, § 13, 24 Stat. 383, amended, June 18, 1910, c. 309, § 11, 36 Stat. 550.) $ 8582. (1) Reports of investigations by Com- mission—Whenever an investigation shall be made by said Commission, it shall be its duty to make a re- port in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall in- clude the findings of fact on which the award is made. (2) Reedrd of reports; copies—All reports of in- Vestigations made by the Commission shall be enter- ed of record, and a copy thereof shall be furnished to the party who may have complained, and to any COmmon Carrier that may have been complained of. (3) Publication of reports and decisions; printing and distribution of annual reports—The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commis- SiOn therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports. (Feb. 4, 1887, c. 104, § 14, 24 Stat. 384, amended, March 2, 1889, c. 382, § 4, 25 Stat. 859, and June 29, 1906, c. 3591, § 3, 34 Stat. 589.) $ 8583. (1) Commission empowered to deter- mine and prescribe rates or classifications; or- der to carrier; apportionment of joint rates— Whenever, after full hearing upon a complaint made as provided in section thirteen Of this Act, or after full hearing under an order for investigation and hearing made by the COmmission. On its Own initiative (either in extension of any pending complaint or with- Out any Complaint whatever), the Commission shall be of Opinion that any individual Or joint rates or charges Whatsoever demanded, Charged, Or Collected by any COmmon Carrier Or Carriers subject to the provisions of this Act for the transportation of persons or prop- erty Or for the transmission of messages by telegraph or telephone as defined in the first section of this Act, or that any individual Or joint Classifications, regu- lations, Or practices whatsoever of Such Carrier Or Carriers subject to the provisions of this Act are un- just or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial Or Otherwise in vio- lation of any of the provisions of this Act, the Com- mission is hereby authorized and empowered to de- termine and prescribe what will be the just and rea- sonable individual or joint rate or rates, charge or charges, to be thereafter Observed in such Case as the maximum to be charged, and what individual or joint classification, regulation, or practice is just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and de- Sist from Such violation to the extent to Which the commission finds the same to exist, and shall mot thereafter publish, demand, Or Collect any rate or charge for such transportation or transmission in ex- cess of the maximum rate Or Charge SO prescribed, and shall adopt the classification and shall Conform to and observe the regulation Or practice SO pre- scribed. All Orders of the Commission, except Or- ders for the payment of money, shall take effect with- in Such reasonable time, not less than thirty dayS, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the Order of the commission, unless the same shall be Ch. A) 3 8583 (6) INTERSTATE AND FOREIGN COMMERCE [Page 1363] Suspended or modified or set aside by the commission, Or be suspended Or Set aside by a court of competent jurisdiction. Whenever the carrier or Carriers, in Obedience to Such Order of the commission or other- Wise, in respect to joint rates, fares, or charges, shall fail to agree among themselves upon the apportion- ment or division thereof the commission may, after hearing, make a Supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto, which or- der Shall take effect as a part of the Original Order. (2) Commission authorized to determine pro- priety of new rate and classification; suspension pending decision; increased rates not to be filed until after approval—Whenever there shall be filed With the Commission any schedule stating a new in- dividual Or joint rate, fare, or charge, or any new individual or joint classification, or any new individ- ual Or joint regulation or practice affecting any rate, fare, or charge, the Commission shall have, and it is hereby given, authority, either upon Complaint or upon its Own initiative without complaint, at Once, and if it so Orders, without answer or other formal pleading by the interested Carrier or Carriers, but upon reasonable notice, to enter upon a hearing concern- ing the propriety of such rate, fare, charge, classifi- Cation, regulation, Or practice; and pending Such hearing-and-the decision thereon the Commission up- On filing With Such schedule and delivering to the Carrier or Carriers affected thereby a statement in writing of its reasons for such suspension may SuS- pend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than One hun- dred and twenty days beyond the time when such rate, fare, charge, classification, regulation, Or prac- tice would otherwise go into effect; and after full hearing, whether completed before or after the rate, fare, charge, classification, regulation, or practice goes into effect, the commission may make Such Order in reference to such rate, fare, charge, Classification, regulation, or practice as would be proper in a pro- ceeding initiated after the rate, fare, charge, classifi- cation, regulation, or practice had become effective: Provided, That if any such hearing can not be Con- cluded within the period of suspension, as above stat- ed, the Interstate Commerce Commission may, in its discretion, extend the time of suspension for a fur- ther period not exceeding six months. At any hear- ing involving a rate increased after January first, nine- teen hundred and ten, Or of a rate SOught to be in- creased after the passage of this Act, the burden of proof to show that the increased rate or proposed in- Creased rate is just and reasonable shall be upon the common carrier, and the commission shall give to the hearing and decision of such questions preference Over all other questions pending before it and decide the same as speedily as possible. - Provided further, until January first, nineteen hun- dred and twenty, no increased rate, fare, charge, or classification shall be filed except after approval thereof has been Secured from the COmmission. Such approval may, in the discretion of the Commission, be given without formal hearing, and in such case shall not affect any Subsequent proceeding relative to Such rate, fare, charge, or classification. (3) Commission authorized to establish through routes and joint classifications, and joint rates as maximum, and prescribe division of rates—The Commission may also, after hearing, On a complaint or upon its own initiative without com- plaint, establish through routes and joint classifica- tions, and may establish joint rates as the maximum to be charged and may prescribe the division of Such rates as hereinbefore provided and the terms and Con- ditions under which such through routes shall be operated, whenever the carriers themselves shall have refused or neglected to establish voluntarily such more through routes for transportation; through I'Outes or joint Classifications or joint rates; and this proVision shałl apply when one of the con- necting Carriers is a Water line. The commission shall In Ot, however, establish any through route, classifica- tion, Or rate between street electric passenger rail- Ways not engaged in the general business of transport- ing freight in addition to their passenger and express business and railroads of a different character, nor Shall the COmmission have the ‘right to establish any route, Classification, rate, fare, or charge when the transportation is Wholly by Water, and any transpor- tation by Water affected by this Act shall be subject to the laws and regulations applicable to transporta- tion by Water. (4) Through route established to embrace en- tire length of railroad—And in establishing such through route, the COmmission shall not require any company, without its consent, to embrace in such route Substantially less than the entire length Of its railroad and of any intermediate railroad. Operated in Conjunction and under a Common management Or Control therewith which lies between the termini of Such proposed through route, unless to do SO Would make Such through route unreasonably long as COm- pared with another practicable through route which Could otherwise be established. - (5) Designation by shipper of one of two or issue of through bill of lading, and transportation over such route; determination between competing railroads, portions of through line or through route—In all Cases Where at the time of delivery of property to any railroad COrporation being a common carrier for transportation subject to the provisions of this Act to any point of destination, between which and the point of such delivery for shipment two or more through routes and through rates shall have been established as in this Act provided to which through routes and through rates Such Carrier is a party, the person, firm, or Corporation making Such shipment, subject to such reasonable exceptions and regulations as the Interstate COmmerce Commission Shall from time to time prescribe, Shall have the right to designate in Writing by which Of such through routes such property shall be transported to destina- tion, and it shall thereupon be the duty of the initial carrier to route said property and issue a through bill Of lading therefor as SO directed, and to transport said property over its own line or lines and deliver the same to a connecting line or lines according to Such through route, and it shall be the duty of each of said Connecting carriers to receive said property and transport it over the said line or lines and deliv- er the same to the next succeeding Carrier or Con- signee according to the routing instructions in said bill of lading: Provided, however, That the shipper shall in all instances have the right to determine, where competing lines Of railroad Constitute portions of a through line or route, Over which of said compet- ing lines SO COnstituting a portion of said through line or route his freight shall be transported. (6) Disclosure of information concerning ship- ments, and soliciting such information—It shall be unlawful for any common Carrier subject to the pro- visions of this Act, Or any Officer, agent, or employee of such common carrier, or for any other person or corporation lawfully authorized by such common car- rier to receive information therefrom, knowingly to disclose to or permit to be acquired by any person or corporation other than the shipper or consignee, with- out the consent of such shipper or consignee, any in- formation COncerning the nature, kind, quantity, des- tination, consignee, or routing of any property ten- dered Or delivered to Such common carrier for in- terstate transportation, which information may be used to the detriment or prejudice of such shipper or Consignee, Or which may improperly disclose his busi- ness transactions to a Competitor; and it shall also # 8583 (7) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE IPage 1364] be unlawful for any person or corporation to solicit Or knowingly receive any such information which may be SO used: Provided, That nothing in this Act shall be Construed to prevent the giving of such informa- tion in response to any legal process issued under the authority of any state or federal court, or to any officer or agent of the Government of the United States, or of any State or Territory, in the exercise Of his powers, or to any officer or other duly authoriz- ed person seeking such information for the prose- Cution of persons charged with or suspected of crime; Or information given by a common carrier to another carrier or its duly authorized agent, for the pur- pose Of adjusting mutual traffic accounts in the Or- dinary Course of business of Such carriers. (7) Violation of provisions of preceding para- graph—Any person, Corporation, or association vio- lating any of the provisions of the next preceding paragraph of this section shall be deemed guilty of a misdemeanor, and for each offense, on Conviction, shall pay to the United States a penalty Of not more than One thousand dollars. (8) Allowance for service rendered or instru- mentality furnished by owner of property trans- ported; determination of reasonable charge as maximum—If the owner of property transported un- der this Act directly or indirectly renders any serv- ice connected with such transportation, or furnishes any instrumentality used therein, the charge and al- lowance therefor shall be no more than is just and reasonable, and the Commission may, after hearing On a complaint or On its Own initiative, determine what is a reasonable Charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order, which Order shall have the same force - and effect and be enforced in like manner as the Orders above provided for under this section. (9) Other powers of Commission not excluded by foregoing emumeration—The foregoing enumer- ation of powers shall not exclude any power which the Commission would Otherwise have in the making of an order under the provisions of this Act. (Feb. 4, 1887, c. 104, § 15, 24 Stat. 384, amended, June 29, 1906, c. 3591, § 4, 34 Stat. 589, June 18, 1910, c. 309, § 12, 36 Stat. 551, and Aug. 9, 1917, c. 50, § 4, 40 Stat. 272.) - $ 8584. (1) Orders by Commission for pay- ment of damages—If, after hearing On a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party Complain- ant is entitled to an award of damages under the pro- visions of this Act for a violation thereof, the Com- mission shall make an order directing the carrier to pay to the complainant the Sum to which he is en- titled on or before a day named. (2) Saxme; proceedings in courts to enforce; costs; attorney’s fee; limitations—If a carrier does not comply with an order for the payment Of money within the time limit in such order, the Com- plainant, or any person for whose benefit such order was made, may file in the [circuit court] of the United States for the district in which he resides Or in which is located the principal Operating Office of the carrier, or through which the road of the Carrier runs, or in any state Court of general jurisdiction having juris- diction of the parties, a petition setting forth briefly the causes for which he claims damages, and the or- der Of the COmmission in the premises. Such suit in the [circuit Court] of the United States shall proceed in all respects like other civil suits for damages, ex- Cept that on the trial of such suit the findings and Order Of the commission shall be prima facie evidence Of the facts therein stated, and except that the peti- tioner shall not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceed- ings unless they accrue upon his appeal. If the peti- tioner shall finally prevail he shall be allowed a rea- Sonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the commis- son Within two years from the time the cause of ac- tion accrues, and not after, and a petition for the en- forcement of an order for the payment of money shall be filed in the circuit court or state court within one year from the date of the order, and not after. Text in brackets superseded by §§ 1265–1267. (3) Same; parties; process; judgment—In such Suits all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the Carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintain- ed by Such joint plaintiffs and against such joint de- fendants in any district where any one of such joint plaintiffs could maintain such suit against any one Of Such joint defendants; and service of process against any One of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint Suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. (4) Same; service of orders of Commission— Every Order of the commission shall be forthwith Served upon the designated agent of the carrier in the City of Washington or in such other manner as may be provided by law. . (5) Same; suspension or modification of orders —The Commission shall be authorized to suspend or modify its Orders upon such notice and in such man- Iner as it shall deem proper. - See § 8585. - (6) Same; compliance with orders—It shall be the duty of every common carrier, its agents and em- ployees, to observe and comply with such orders so long as the same shall remain in effect. (7) Failure to obey orders made under-seetion 15-Any Carrier, any officer, representative, or agent of a Carrier, or any receiver, trustee, lessee, or agent Of either of them, who knowingly fails or neglects to Obey any Order made under the provisions of section fifteen of this Act shall forfeit to the United States the Sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense, and in Case of a continuing violation each day shall be deemed a separate offense. See § 8583. (8) Suit for recovery of forfeiture—The forfei- ture provided for in this Act shall be payable into the Treasury of the United States, and shall be recovera- ble in a civil suit in the name of the United States, brought in the district where the Carrier has its prin- cipal Operating office, or in any district through which the road of the Carrier runs. - (9) District attorneys to prosecute for forfei- tures; costs and expenses—It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prose- Cute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. (10) Employment of attorneys by Commission- The Commission may employ such attorneys as it finds necessary for proper legal aid and Service of the com- mission. Or its members in the COnduct Of their work or for proper representation. Of the public interests in investigations made by it Or Cases Or proceedings pending before it, whether at the commission’s own instance or upon complaint, or to appear for and represent the Commission in any case pending in the Commerce Court; and the expenses Of such employment shall be paid out of the appropriation for the Com- mission. Ch. A) # 8586 INTERSTATE AND FOREIGN COMMERCE [Page 1365] (11) Proceedings in Commerce Court to en- force orders other than for payment of money; injunction or other process—If any Carrier fails or neglects to obey any Order of the commission. Other than for the payment of money, while the same is in effect, the Interstate Commerce Commission or any party injured thereby, Or the United States, by its Attorney-General, may apply to the [commerce Court] for the enforcement of such order. If, after hearing, that Court determines that the Order was regularly made and duly served, and that the carrier is in dis- Obedience Of the same, the court shall enforce Obe- dience to Such order by a Writ of injunction or other proper process, mandatory or otherwise, to restrain Such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same. Text in brackets superseded by § 992. (12) Schedules, tariffs, and contracts filed with Commission, and reports to Commission, kept as public records; evidence—The copies Of Schedules and classifications and tariffs of rates, fares, and Chal'geS, and Of all COntracts, agreements, and ar- rangements between Common Carriers filed with the Commission as herein provided, and the Statistics, tables, and figures Contained in the annual or other re- ports of carriers made to the Commission as required under the provisions of this Act shall be preserved as public records in the custody of the Secretary of the Commission, and shall be received as prima facie evi- dence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and extracts from any of said schedules, classifications, tariffs, contracts, agree- ments, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Com- mission’s Seal, shall be received in evidence with like effect as the originals. (Feb. 4, 1887, c. 104, § 16, 24 Stat. 384, amended, March 2, 1889, c. 382, § 5, 25 Stat. 859, June 29, 1906, c. 3591, § 5, 34 Stat. 590, and June 18, 1910, c. 309, § 13, 36 Stat. 554.) See §§ 8824, 8825. $ 8585. Rehearings by Commission; stay; de- cisions—After a decision, Order, or requirement has been made by the Commission in any proceeding any party thereto may at any time make application for rehearing of the Same, Or any matter determined therein, and it shall be lawful for the Commission in its discretion to grant such a rehearing if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the Commission may establish. No such application shall excuse any Carrier from complying with or obeying any decision, Order, or requirement of the Commission, or operate in any manner to stay or post- pone the enforcement thereof, without the special or- der of the Commission. In case a rehearing is grant- ed the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Commission may otherwise direct ; and if, in its judgment, after such rehearing and the con- sideration of all facts, including those arising since the former hearing, it shall appear that the original decision, Order, or requirement is in any respect un- just or unwarranted, the COImmission may reverse, Change, or modify the same accordingly. Any decision, Order, or requirement made after such rehearing, re- versing, changing, or modifying the original determi- Ination shall be Subject to the Salme provisions as an original order. (Feb. 4, 1887, c. 104, § 16a, added, June 29, 1906, c. 3591, § 6, 34 Stat. 592.) $ 8586. Conduct of proceedings of Commis- sion; seal; divisions; salary of Secretary—The commission may conduct its proceedings in such man- ner as will best Conduce to the proper dispatch of business and to the ends of justice. The Commission shall have an official seal, which shall be judicially noticed. Any member of the commission may admin- ister oaths and affirmations and sign subpoenas. A majority of the commission shall constitute a quorum for the transaction of business, except as may be otherwise herein provided, but no commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. The Commission may, from time to time, make or amend such general rules Or Orders as may be requisite for the Order and reg- ulation of proceedings before it, or before any divi- Sion of the Commission, including forms of notices and the Service thereof, which shall conform, as near- ly as may be, to those in use in the courts of the United States. Any party may appear before the Com- mission or any division thereof and be heard in per- Son or by attorney. Every vote and official act of the Commission, or of any division thereof, shall be entered Of record, and its proceedings shall be public upon the request of any party interested. The commission is hereby authorized by its order to divide the members thereof into as many divisions as it may deem necessary, which may be changed from time to time. Such divisions shall be denomi- nated, respectively, division One, division two, and so forth. Any Commissioner may be assigned to and Imay Serve upon such division or divisions as the Com- Imission may direct, and the senior in service of the Commissioners constituting any of said divisions shall act as chairman thereof. In case of vacancy in any division, or of absence or inability to serve thereon Of any Commissioner thereto assigned, the chairman of the Commission, or any commissioner designated by him for that purpose, may temporarily serve on said division until the commission shall otherwise order. The commission may by order direct that any of its Work, business, or functions arising under this Act, . Or under any Act amendatory thereof, or supplemental thereto, or under any amendment which may be made to any of Said Acts, or under any other Act or joint resolution which has been or may hereafter be ap- proved, or in respect of any matter which has been or may be referred to the commission by Congress or by either branch thereof, be assigned or referred to any of Said divisions for action thereon, and may by order at any time amend, modify, supplement, or rescind any Such direction. All such orders shall take effect forthWith and remain in effect until otherwise ordered by the commission. In Conformity with and subject to the order or Orders of the Commission in the premises, each divi- Sion so constituted shall have power and authority by a majority thereof to hear and determine, order, cer- tify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to it for action by the Commission, and in respect thereof the division shall have all the jurisdiction and powers now or then Conferred by law upon the commission, and be subject to the same duties and obligations. Any Order, decision, or report made or other action taken by any of Said divisions in respect of any mat- terS SO assigned or referred to it shall have the same force and effect, and may be made, evidenced, and enforced in the same manner as if made, or taken by the Commission, subject to rehearing by the commis- Sion, as provided in section sixteen—a hereof for re- hearing Cases decided by the Commission. The Secre- tary and Seal of the commission shall be the secretary and Seal Of each division thereof. In all proceedings before any such divisions re- lating to the reasonableness of rates or to alleged discriminations not leSS than three members shall participate in the Consideration and decision ; and in all proceedings relating to the valuation of railway property under the Act entitled “An Act to amend an Act entitled “An Act to regulate Commerce,’ approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, by providing for a valuation of the Several classes of property of car- riers subject thereto and Securing information Con- cerning their stocks, bonds, and other securities,” ap- proved March first, nineteen hundred and thirteen, 3 8586 , (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1366] Anot less than five members shall participate in the consideration and decision. - The salary of the secretary of the commission shall be $5,000 per annum. Nothing in this section contained, or done pursuant thereto, shall be deemed to divest the commission of any of its powers. (Feb. 4, 1887, c. 104, § 17, 24 Stat. 385, amended, March 2, 1889, c. 382, § 6, 25 Stat. 861, and Aug. 9, 1917, c. 50, § 2, 40 Stat. 270.) $ 8587. Commissioners’ salaries; secretary and employés; compensation; witness fees; expenses —Each Commissioner shall receive an annual salary of Seven thousand five hundred dollars, payable in the same manner as the judges of the Courts of the Unit- ed States. The Commission shall appoint a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The Commission shall have authority to employ and fix the Compensation of such other employés as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the Commission may hire Suitable offices for its use, and shall have author- ity to procure all necessary office supplies. Witnesses Summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the COUrtS Of the United States. All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employés under their Orders, in making any investigation, or upon official business in any other places than in the City of Wash- ington, Shall be allowed and paid on the presentation Of itemized Vouchers therefor approved by the chair- man of the Commission. (Feb. 4, 1887, c. 104, § 18, 24 § 386, amended, March 2, 1889, c. 382, § 7, 25 Stat. See §§ 969, 8587b, 8596. $ 8587a. Exchange of typewriters—Hereafter the Interstate Commerce Commission may exchange typewriters, adding machines, and other labor-saving devices in part payment for like articles. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 627.) $ 8587 b. Salary of Secretary to Commission— So much of Section eighteen of the Act to regulate Commerce as fixes the salary of the secretary of the Commission is hereby repealed. (Aug. 9, 1917, c. 50, § 3, 40 Stat. 271.) See § 8587. $ 8588. Statement of expenditures of Com- mission—Hereafter it shall be the duty of the Inter- State Commerce Commission to include in their an-. nual report to Congress a statement showing in de- tail their expenditures for each fiscal year, including the number. Of persons employed and the amount Of compensation to each. (Oct. 2, 1888, c. 1069, 25 Stat. 530.) - - See § 8591b. $ 8589. Auditing accounts of Commission— Hereafter expenses of the Interstate Commerce Com- mission shall be audited by the proper accounting officers of the Treasury. (March 2, 1889, c. 411, § 1, 25 Stat. 954.) $ 8590. Sessions—The principal office of the Commission shall be in the city of Washington, where its general Sessions shall be held ; but whenever the convenience of the public or of the parties may be promoted Or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier Subject to the provisions of this act. (Feb. 4, 1887, c. 104, § 19, 24 Stat. 386.) $ 8591. Physical valuation of property of carriers; investigation by Commission; experts; examiners; classification and inventory—The com- mission shall, as hereinafter provided, investigate, ascertain, and report the value of all the properſy OWned or used by every common carrier subject to the provisions of this Act. To enable the commis- Sion to make such investigation and report, it is au- thorized to employ such experts and other assistants aS may be necessary. The commission may appoint examiners who shall have power to administer oaths, examine Witnesses, and take testimony. The Com- mission shall make an inventory which shall list the property of every common carrier subject to the pro- Visions of this Act in detail, and show the value thereof as hereinafter provided, and shall classify the physical property, as nearly as practicable, in con- formity With the classification of expenditures for road and equipment, as prescribed by the Interstate Commerce Commission. (1) Cost of property used for earrier pur- poses; value of other property—First. In such in- vestigation said commission shall ascertain and report in detail as to each piece of property owned or used by said common carrier for its purposes as a common Carrier, the Original cost to date, the cost of re- production new, the cost of reproduction less de- preciation, and an analysis of the methods by which these several costs are obtained, and the reason for their differences, if any. The Commission shall in like manner ascertain and report separately other Values, and elements of value, if any, of the property Of Such Common carrier, and an analysis of the meth- Ods of valuation employed, and of the reasons for any differences between any such value, and each Of the foregoing COSt Values. (2) Cost and value of real property—Second. Such investigation and report shall state in detail and Separately from improvements the Original cost Of all lands, rights of way, and terminals Owned or used for the purposes of a common carrier, and as- Certained as Of the time of dedication to public use, and the present value Of the Same, and Separately the Original and present cost Of condemnation and damages or of purchase in excess of such original COSt Or present value. - (3) Same; property held for other than car- rier purposes—Third. Such investigation and report shall show separately the property held for purposes Other than those Of a COmmon Carrier, and the Origi- nal cost and present value Of the same, together with an analysis Of the methods Of Valuation employed. (4) History of corporate organization; in- crease or decrease of stocks; earnings and ex- penditures—Fourth. In ascertaining the Original cost to date of the property of such common carrier the Commission, in addition to such other elements as it may deem necessary, Shall investigate and report upon the history and organization of the present and of any previous corporation operating such prop- erty; upon any increases or decreases of stocks, bonds, Or other Securities, in any reorganization ; upon mon- eys received by any such corporation by reason of any issues of stocks, bonds, or other Securities; upon the Syndicating, banking, and Other financial arrange- ments under which Such issues were made and the expense thereof; and upon the net and gross earn- ings of such corporations; and shall also ascertain and report in such detail as may be determined by the commission upon the expenditure Of all moneys and the purposes for which the same Were expended. (5) Amount and value of grants to carriers; value of coneessions made by carrier—Fifth. The Commission shall ascertain and report the amount and value of any aid, gift, grant of right of way, or donation, made to any such common carrier, or to any previous corporation operating such property, by the Government of the United States Or by any State, County, Or municipal government, Or by individuals, associations, or corporations; and it shall also ascer- tain and report the grants Of land to any Such COm- mon carrier, Or any previous corporation Operating such property, by the Government of the United Ch. A) 3 8591 (15) INTERSTATE AND FOREIGN COMMERCE IPage 1367I States, or by any State, county, or municipal govern- ment, and the amount of money derived from the Sale of any portion of such grants and the value of the unsold portion thereof at the time acquired and at the present time, also, the amount and Value of any concession and allowance made by Such COmm On Car- rier to the Government Of the United States, Or to any State, county, or municipal government in Con- sideration of such aid, gift, grant, or donation. (6) Investigation; procedure—Except as herein otherwise provided, the commission shall have pow- er to prescribe the method of procedure to be followed in the conduct of the investigation, the form in Which the results of the valuation shall be submitted, and the classification of the elements that constitute the ascertained value, and such investigation Shall ShoW the value of the property of every common Carrier as a whole and separately the value of its property in each of the several States and Territories and the District of Columbia, classified and in detail as here- in required. (7) Same; time for beginning; reports to Con- gress—Such investigation shall be commenced Within sixty days after the approval of this Act and Shall be prosecuted with diligence and thoroughness, and \ the result thereof reported to Congress at the begin- --ning of- each regular session thereafter—until Com- pleted. (8) Same; documents, to aid; access of agents to property; rules and regulations; inspection of records—Every common carrier subject to the provi- Sions of this Act shall furnish to the Commission or its agents from time to time and as the Commission may require maps, profiles, contracts, reports Of en- gineers, and any other documents, records, and paz pers, or copies of any or all of the same, in aid. Of such investigation and determination of the Value of the property of said common carrier, and Shall grant to all agents of the commission free access to its right of way, its property, and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and every Common Carrier is hereby directed and required to COOperate with and aid the commission in the work Of the Valu- ation of its property in such further particulars and to such extent as the commission may require and direct, and all rules and regulations made by the COm- Imission for the purpose of administering the provi- sions of this section and section twenty Of this Act shall have the full force and effect Of law. Unless otherwise Ordered by the Commission, with the rea- Sons therefor, the reCOrdS and data. Of the Commis- Sion shall be Open to the in Spection and examination Of the public. (9) Valuation of extensions and inaprove- ments; reports to Congress—Upon the Completion Of the valuation herein provided for the commission shall thereafter in like manner keep itself informed Of all extensions and improvements or Other changes in the Condition and Value of the property Of all Com- mon Carriers, and shall ascertain the value thereof, and shall from time to time, revise and correct its valuations, showing Such revision and correction Classified and as a whole and separately in each of the Several States and Territories and the District of Columbia, which valuations, both Original and cor- rected, Shall be tentative valuations and shall be re- ported to Congress at the beginning of each regular session. (10) Reports and information by carriers—To enable the COmmission to make such changes and cor- rections in its valuations of each class of property, every Common Carrier Subject to the provisions of this Act shall make Such reports and furnish Such informa- tion as the commission may require. (11) Notice of completion of tentative valuas tion; protests; finality of valuation—Whenever the commission shall have completed the tentative valua- tion of the property of any common carrier, as here. in directed, and before Such valuation Shall become final, the commission shall give notice by registered letter to the Said carrier, the Attorney General Of the United States, the governor of any State in which the property so valued is located, and to such addi- tional parties as the Commission may prescribe, Stat- ing the valuation placed upon the Several classes. Of property of said carrier, and shall allow thirty days in which to file a protest of the same with the com- mission. If no protest is filed within thirty days, Said Valuation shall become final as Of the date thereof. See §§ 8600, 8835.j. (12) Protests; hearings; changes in valua- tions; effect of final valuation and classification— If notice of protest is filed the commission shall fix a time for hearing the same, and shall proceed as promptly as may be to hear and COnsider any matter relative and material thereto which may be presented in support of any such protest so filed as aforesaid. If after hearing any protest of such tentative valua- tion Under the provisions Of this Act the Commission shall be Of the Opinion that its valuation should not become final, it shall make such changes as may be necessary, and shall issue an Order making Such COr- rected tentative valuation final as Of the date thereof. All final valuations by the Commission and the classi- fication thereof shall be published and shall be prima - facie evidence of the value of the property in all pro- Ceedings under the Act to regulate commerce as Of the date of the fixing thereof, and in all judicial pro- Ceedings for the enforcement Of the Act approved February fourth, eighteen hundred and eighty-seven, Commonly known as “the Act to regulate Commerce,” and the various Acts amendatory thereof, and in all judicial proceedings brought to enjoin, set aside, an- nul, or Suspend, in whole Or in part, any Order Of the Interstate Commerce Commission. (13) Effect of evidence as to values; modifi- cation of orders; judgment on original orders- If upon the trial of any action involving a final value fixed by the commission, evidence shall be introduced regarding such value which is found by the Court to be different from that Offered upon the hearing be- fore the commission, or additional thereto and Sub- stantially affecting said value, the court, before pro- ceeding to render judgment shall transmit a COpy Of Such evidence to the Commission, and shall stay fur- ther proceedings in said action for such time as the Court Shall determine from the date Of Such trans- mission. Upon the receipt of Such evidence the Com- mission shall COnSider the same and may fix a final value different from the One fixed in the first instance, and may alter, modify, amend or rescind any Order which it has made involving said final value, and shall report its action thereon to said Court within the time fixed by the court. If the commission shall alter, modify, or amend its Order, such altered, modified, or amended order shall take the place of the original Order COmplained Of and judgment shall be rendered thereOn as though made by the COmmission in the first instance. If the Original Order Shall not be rescinded or changed by the commission, judgment shall be rendered upon Such original Order. (14) Receivers and trustees of carriers; non- compliance with law—The provisions of this section shall apply to receivers Of Carriers and Operating trustees. In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with all the requirements Of this section and in the manner prescribed by the Commission such carrier, receiver, Or trustee Shall forfeit to the United States the Sum of five hundred dollars for each Such Offense and for each and every day Of the Continuance of Such Of- fense, such forfeitures to be recoverable in the same manner as Other forfeitures provided for in section Sixteen of the Act to regulate commerce. (15) Mandarmus to compel compliance with law—That the district Courts of the United States ź 8591 (15) (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1368] shall have jurisdiction, upon the application of the Attorney General of the United States at the request of the Commission, alleging a failure to Comply With or a violation of any of the provisions of this section by any common carrier, to issue a writ or Writs Of mandamus Commanding such Common Carrier to COIm- ply with the provisions of this section. (Feb. 4, 1887, c. 104, § 19a, added, March 1, 1913, c. 92, 37 Stat. 701.) See § 8592 (9). 4. $ 8591a. Šame; railroads to transport engi- neers and others making surveys, to move and store cars and carry supplies—It shall be the duty of every common carrier by railroad whose property is being valued under the Act of March first, nineteen hundred and thirteen, to transport the engineers, field parties, and other employés of the United States who are actually engaged in making Surveys and Other eX- amination of the physical property of said carrier nec- essary to execute said Act from point to point on said railroad as may be reasonably required by them in the actual discharge of their duties; and, also, to move from point to point and store at such points as may be reasonably required the cars of the United States which are being used to house and maintain Said em- ployés; and, also, to carry the supplies necessary to maintain said employés and the other property Of the Dnited States actually used on said railroad in said Work of valuation. The Service above required shall be regarded as a special Service and shall be rendered under such forms and regulations and for Such real- sonable compensation as may be prescribed by the In- terstate Commerce COmmission and as Will insure an accurate record and account Of the Service rendered by the railroad, and such evidence of transportation, bills of lading, and so forth, shall be furnished to the commission as may from time to time be required by the Commission. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 627.) $ 85.91%. Same; statements showing employ- ments under appropriations—A complete statement showing the employments under this and all other ap- propriations heretofore made for the valuation of car- riers shall be made to Congress at its next regular session, and under similar appropriations for Subse- quent fiscal years at each succeeding regular session thereof. Said statements shall show, under each di- vision or title of Organization, the names Of all per- Sons employed under the Interstate Commerce Com- mission alphabetically arranged, the State from which each is appointed, rate of Compensation paid to each, together with a full itemized statement showing how the moneys appropriated for the fiscal years nineteen hundred and fourteen and nineteenghundred and fif- teen have been expended under said commission. (March 4, 1915, c. 147, § 1, 38 Stat. 1140.) $ 8592. (1) Annual reports from carriers and owners of railroads, and answers to questions of Commission; contents of reports; tımiform sys- team of accounts—The Commission is hereby author- ized to require annual reports from all common Carri- ers subject to the provisions of this Act, and from the Owners of all railroads engaged in interstate COm- Imerce as defined in this Act, to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of Capital Stock issued, the amounts paid therefor, and the manner Of payment for the same; the dividends paid, the Surplus fund, if any, and the number of Stock- holders; the funded and floating debts and the inter- est paid thereon; the cost and value of the carrier’s property, franchises, and equipments; the number of elmployés and the salaries paid each class ; the acci- dents to passengers, employés, and other persons, and the Causes thereof; the amounts expended for im- provements each year, how expended, and the charac- ter of Such improvements; the earnings and receipts from each branch of business and from all sources; the Operating and other expenses; the balances of prof- it and loss; and a complete exhibit of the financial Operations of the carrier each year, including an an- . nual balance sheet. Such reports shall also contain Such information in relation to rates or regulations Concerning fares or freights, or agreements, arrange- ments, Or Contracts affecting the same as the Commis- Sion Imay require; and the Commission may, in its dis- Cretion, for the purpose of enabling it the better to Carry out the purposes of this Act, prescribe a period of time within which all common carriers subject to the provisions of this Act shall have, as near as may be, a uniform system of accounts, and the manner in which Such accounts shall be kept. (2) Period covered by and time for making re- ports; failure to make reports or answer ques- tions; monthly and special reports—Said detailed reports shall contain all the required Statistics for the period of twelve months ending on the thirtieth day of June in each year, or on the thirty-first day of De- cember in each year if the commission by order sub- Stitute that period for the year ending June thirtieth, and Shall be made out under oath and filed with the COmmission at its office in Washington within three , months after the close of the year for which the report is made, unless additional time be granted in any case by the Commission; and if any carrier, person, or cor- DOration Subject to the provisions of this Act shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission, for making and filing the same, or shall fail to make Specific answer to any question author- ized by the provisions of this section within thirty days from the time it is lawfully required so to do, such party shall forfeit to the United States the sum Of One hundred dollars for each and every day it shall Continue to be in default with respect thereto. The Commission shall also have authority by general or Special Orders to require said carriers, or any of them, to file monthly reports of earnings and expenses and to fie periodical or special, or both periodical and Special, reports Concerning any matters about which the Commission is authorized or required by this or any other law to inquire or to keep itself informed Or Which it is required to enforce; and such periodical or Special reports shall be under oath whenever the Commission SO requires; and if any such carrier shall fail to make and file any such periodical or special report Within the time fixed by the commission, it ; be subject to the forfeitures last above pro- WICIGC1. (3) Recovery of forfeitures—Said forfeitures Shall be recovered in the manner provided for the re- Covery of forfeitures under the provisions of this Act. (4) Administration of oath—The oath required by this section may be taken before any person authorized to administer an oath by the laws of the State in which the same is taken. (5) Forms of accounts and records; access thereto by Commission, and examination—The Commission may, in its discretion, prescribe the forms Of any and all accounts, records, and memoranda to be kept by carriers subject to the provisions of this Act, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and eXpenditures of moneys. The Commission shall at all times have access to all accounts, records, and memoranda kept by carriers subject to this Act, and it shall be unlawful for such carriers to keep any Other accounts, records, or memoranda than those prescribed or approved by the Commission, and it may employ special agents or examiners, who shall have authority under the Order of the Commission to in- Spect and examine any and all accounts, records, and memoranda kept by such carriers. This provision shall apply to receivers of carriers and Operating trustees. - - (6) Failure to keep accounts and records, or , submit same to inspection—In case of failure or Ch. A) # 8595 INTERSTATE AND FOREIGN COMMERCE) IPage 1369|| refusal on the part of any such carrier, receiver, or trustee to keep such accounts, records, and memoran- da on the books and in the manner prescribed by the Commission, or to Submit such accounts, records, and memoranda as are kept to the inspection of the Com- Immission or any of its authorized agents Or examiners, such carrier, receiver, or trustee shall forfeit to the United States the Sum of five hundred dollars for each Such offense and for each and every day Of the Con- tinuance of such offense, such forfeitures to be recov- erable in the same Imanner as other forfeitures pro- vided for in this Act. (7) False entries in accounts and records kept by carrier, or destruction, Inutilation or altera- tion thereof, or failure to make entries or keep- ing other accounts and records than those pre- scribed—Any person who shall willfully make any false entry in the accounts of any book of a CCOunts or in any record or memoranda kept by a carrier, or who shall willfully destroy, mutilate, alter, or by any other means Or device falsify the record of any Such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the carrier's business, or shall keep any other accounts, records, or memoranda than those prescribed or approved by the Commission, shall.be deemed guilty of a misdemeanor and shall be subject, upon conviction in any Court of the United States of competent jurisdiction, to a fine of not less than one thousand dollars nor more than five thou- sand dollars, or imprisonment for a term not less than one year nor more than three years, or both such fine and imprisonment: Provided, That the com- mission may in its discretion issue Orders specifying such operating, accounting, or financial papers, rec- Ords, books, blanks, tickets, stubs, or documents of Carriers which may, after a reasonable time, be de- stroyed, and prescribing the length of time such books, papers, or documents shall be preserved. (8) Examiner divulging facts or information —Any examiner who divulges any fact or informa- tion which may come to his knowledge during the course of such examination, except in so far as he may be directed by the Commission or by a Court or judge thereof, shall be subject, upon conviction in any court of the United States of competent juris- diction, to a fine of not more than five thousand dol- lars or imprisonment for a term not exceeding two years, or both. (9) Jurisdiction of courts to compel compli- ance with law by mandalºus—That the circuit and district courts Of the United States shall have juris- diction, upon the application of the Attorney-General Of the United States at the request of the Commis- sion, alleging a failure to comply with or a violation Of any of the provisions of said Act to regulate Com- merce Or of any Act supplementary thereto or amend- atOry thereof by any Common Carrier, to issue a Writ Or Writs of mandamus commanding such common Carrier to comply with the provisions of said Acts, Or any of them. (10) Special agents or examiners—And to carry Out and give effect to the provisions of said Acts, or any Of them, the Commission is hereby authorized to employ Special agents or examiners who shall have power to administer oaths, examine witnesses, and receive evidence. (Feb. 4, 1887, c. 104, § 20, 24 Stat. 386, amended, June 29, 1906, c. 3591, § 7, 34 Stat. 593, Feb. 25, 1909, c. 193, 35 Stat. 649, June 18, 1910, c. 309, § 14, 36 Stat. 555, March 4, 1915, c. 176, § 1, 38 Stat. 1196, and Aug. 9, 1916, c. 301, 39 Stat. 441.) (11, 12) [Transferred.] Paragraphs 11 and 12 of this section, relating to the is- Sue, etc., of bills of lading by common carriers, etc., are §§ 8604a, 8604a.a. $ 8593. Mandamus to compel equal facilities to shippers—The [circuit and] district courts of the United States shall have jurisdiction upon the rela- tion of any person or persons, firm, or corporation, al- leging such violation by a common carrier, of any of the provisions of the act to which this is a supple- Iment and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said COImmon Carrier at the same rates as are charged, or upon terms Or Conditions as favorable as those given by Said Common Carrier for like traffic under sitnilar Conditions to any other shipper, to issue a writ or Writs of mandamus against said common Carrier, COmmanding such common carrier to move and trans- port the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ; Provided, That if any question of fact as to the proper Componsation to the Common Carrier for the Service to be enforced by the writ is raised by the pleadings, the Writ of peremptory mandamus may issue, notwith- Standing Such question of fact is undetermined, upon such terms as to security, payment Of money into the Court, or otherwise, as the Court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act Or the act to which it is a Supplement. (March 2, 1889, c. 382, § 10, 25 Stat. 862.) See § 8592. Text in brackets superseded by §§ 1266–1268. $ 8594. Annual report of Commission—The Commission shall, On or before the first-day-Of De- cember in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be Con- sidered of value in the determination of questions Connected with the regulation of Commerce, together with Such recommendations as to additional legisla- tion relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission. (Feb. 4, 1887, c. 104, § 21, 24 Stat. 387, amended, March 2, 1889, c. 382, § 8, 25 Stat. 862.) See § 7069. $ 8595. Restrictions on operation of act- Nothing in this act shall prevent the carriage, stor- age, or handling of property free or at reduced rates for the United States, State, or municipal govern- ments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, Or the free carriage of destitute and homeless persons transport- ed by charitable societies, and the necessary agents employed in such transportation, or ‘the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to minis- ters of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes Or State Homes for Disabled Vol- unteer Soldiers and of Soldiers’ and Sailors' Orphan HOlmes, including those about to enter and those re- turning home after discharge, under arrangemont's with the boards of managers of said homes. Nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging pass- es Or tickets with Other railroad COImpanies for their Officers and employees; and nothing in this act Con- tained shall in any way abridge Or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act: Provided further, That noth- ing in this Act shall prevent the issuance of joint in- terchangeable five-thousand-mile tickets, with special privileges as to the amount of free baggage that may be carried Under mileage tickets of One thousand or more miles. But before any common carrier, Subject to the provisions of this Act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Inter- ź 8596 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE state Commerce Commission copies of the joint tar- iffs of rates, fares, or charges on which such joint in- terchangeable mileage tickets are to be based, togeth- er With Specifications of the amount of free baggage permitted to be carried under such tickets, in the Same manner as common carriers are required to do With regard to other joint rates by section six of this Act ; and all the provisions of said section six relat- ing to joint rates, fares, and charges shall be observ- ed by said common carriers and enforced by the In- terstate Commerce Commission as fully with regard to Such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges re- ferred to in said section six. It shall be unlawful for any Common carrier that has issued or authorized to be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for trans- portation of persons or baggage under such joint in- terchangeable mileage tickets than that required by the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of section ten of this Act shall apply to any violation of the requirements of this proviso. (Feb. 4, 1887, c. 104, § 22, 24 Stat. 387, amended, March 2, 1889, c. 382, § 9, 25 Stat. 862, and Feb. 8, 1895, c. 61, 28 Stat. 643.) $ 8596. Commission increase of enlarged; members, terms of office, and compensation—The Interstate Commerce Commission is hereby enlarged so as to consist of nine members, with terms of seven years, and each shall receive $10,000 compensation an- nually. The qualifications of the members and the manner Of the payment of their Salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appoint- ment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, One for a term expiring December thirty-first, nineteen hundred and twenty- one, and one for a term expiring December thirty- first, nineteen hundred and twenty-two. The terms Of the present commissioners, or of any successor ap- pointed to fill a vacancy caused by the death or resig- nation of any of the present Commissioners, shall ex- pire as heretofore provided by law. Their successors and the Successors Of the additional Commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed Only for the un- expired term. Of the COmmissioner whom he shall Suc- ceed. Not more than five commissioners shall be ap- pointed from the same political party. (Feb. 4, 1887, c. 104, § 24, added, June 29, 1906, c. 3591, § 8, 34 Stat. 595, amended, Aug. 9, 1917, c. 50, § 1, 40 Stat. 270.) See § 8575. $ 8597. (1) Corporation common carriers lia- ble for violations of law; failure to file and publish tariff; rebates, concessions, and discrim- inations; imprisonment as penalty; jurisdiction of prosecutions—Anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the Acts amendatory there- of, which, if done or omitted to be done by any direc- tor or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such cor- poration, would constitute a misdemeanor under said Acts or under this Act, shall also be held to be a mis- demeanor committed by Such corporation, and upon conviction thereof it shall be subject to like penalties as are prescribed in said Acts or by this Act with reference to such persons, except as such penalties are herein changed. The willful failure upon the part of any carrier subject to said Acts to file and publish the tariffs or rates and charges as required by said Acts, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be IPage 1370] - subject to a fine of not less than one thousand dollars nor more than twenty thousand dollars for each Of- fense; and it shall be unlawful for any person, per- Sons, or corporation to offer, grant, or give, , or to Solicit, accept, or receive any rebate, concession, or discrimination in respect to the transportation of any property in interstate or foreign commerce by any COmmon Carrier Subject to said Act to regulate Commerce and the Acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is re- quired by said Act to regulate commerce and the Acts amendatory thereof, or whereby any other advantage . is given or discrimination is practiced. Every person Or Corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimina- tion shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than One thousand dollars nor more than twenty thousand dollars. Provided, That any person, or any Officer or director of any corporation subject to the proVisions of this Act, or the Act to regulate commerce and the Acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employ- ed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein pro- Vided for, be liable to imprisonment in the peniten- tiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. Every violation of this section shall be prose- cuted in any court of the United States having juris- diction of Crimes within the district in Which Such vio- lation was committed, or through which the transpor- tation may have been conducted ; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the Offense had been actually and wholly Committed therein. - (2) Liabilities for acts of agents; departure from published rates—In construing and enforcing the provisions of this section, the act, Omission, or failure Of any Officer, agent, or other person acting for or employed by any common carrier, , or shipper, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or shipper as well as that of the person. Whenever any carrier files with the In- terstate Commerce Commission or publishes a partic- ular rate under the provisions of the Act to regulate Commerce Orº Acts amendatory thereto, Or participates in any rates so filed or published, that rate as against Such carrier, its Officers Or agents, in any prosecution begun under this Act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an Offense under this section. Of this Act. (3) Receiving rebates from carriers; addition- al penalty, and recovery thereof—Any person, COr- poration, or company who shall deliver property for interstate transportation to any Common Carrier, Sub- ject to the provisions of this Act, or for whom as consignor or consignee, any such carrier shall trans- port property from one State, Territory, or the Dis- trict of Columbia to any other State, Territory, or the District of Columbia, or foreign Country, who shall knowingly by employé, agent, officer, or other- wise, directly or indirectly, by or through any means or device whatsoever, receive or accept from Such Common carrier any sum of money Or any Other Valua- ble consideration as a rebate or Offset against the regular charges for transportation of such property, as fixed by the schedules of rates provided for in this Act, shall in addition to any penalty provided by this Act forfeit to the United States a sum of money three , times the amount of money SO received Or accepted and three times the value of any other consideration Ch. A.) & 8602 INTERSTATE AND FOREIGN COMMERCE [Page 1371] So received or accepted, to be ascertained by the trial Court; and the Attorney-General of the United States is authorized and directed, whenever he has reason- able grounds to believe that any such person, corpora- tion, or company has knowingly received or accepted from any such Common Carrier any Sum of money or other valuable COInsideration as a rebate or Offset as aforesaid, to institute in any court of the United States of Competent jurisdiction, a civil action to Collect the said sum or sums so forfeited as aforesaid; and in the trial Of Said action all Such rebates or other considerations so received or accepted for , a period of six years prior to the commencement of the action, may be included therein, and the amount re- COvered Shall be three times the total amount Of money, Or three times the total value of such con- sideration, so received or accepted, or both, as the case may be. (Feb. 19, 1903, c. 708, § 1, 32 Stat. 847, amended, June 29, 1906, c. 3591, § 2, 34 Stat. 587.) $ 8598. Parties to proceedings to enforce Haw —In any proceeding for the enforcement of the pro- Visions of the statutes relating to interstate commerce, Whether Such proceedings be instituted before the Interstate Commerce Commission or be begun origi- nally in any [circuit court] of the United States, it Shall be lawful to include as parties, in addition to the Carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the Same manner, to the same extent, and Subject to the same provisions as are or shall be au- thorized by law with respect to carriers. (Feb. 19, 1903, c. 708, § 2, 32 Stat. 848.) Text in brackets superseded by §§ 1266–1268. , § 8599. Proceedings in equity to enforce tar- iffs, and prohibition of discriminations; duties of district attorneys; recovery of damages; witness- es; precedence given hearings—Whenever the In- terstate Commerce Commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic between given points at less than the published rates on file, Or is Committing any discriminations forbidden by law, a petition may be presented alleging such facts to the [circuit court] of the United States sitting in equity having jurisdiction ; and when the act Com- plained of is alleged to have been committed or as being Committed in part in more than one judicial district or State, it may be dealt with, inquired of, tried, and determined in either such judicial district Or State, whereupon it shall be the duty of the court Summarily to inquire into the circumstances, upon Such notice and in such manner as the court shall direct and Without the formal pleadings and proceed- ings applicable to ordinary suits in equity, and to make Such other persons or corporations parties there- to as the Court may deem necessary, and upon being Satisfied of the truth of the allegations of said peti- tion said Court shall enforce an observance of the published tariffs or direct and require a discontinu- ance of Such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties inter- ested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States, whenever the Attorney-General shall direct, either of his own motion or upon the request Of the Interstate Commerce Commission, to institute and prosecute such proceedings, and the proceedings provided for by this Act shall not preclude the bring- ing of Suit for the recovery of damages by any party injured, or any other action provided by said Act approved February fourth, eighteen hundred and eighty-seven, entitled An Act to regulate commerce and the Acts amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the said Courts shall have the power to compel the attend- ance of witnesses, both upon the part of the carrier and the shipper, who shall be required to answer on all subjects relating directly or indirectly to the mat- ter in controversy, and to compel the production of all books and papers, both of the Carrier and the shipper, which relate directly or indirectly to such transaction ; the claim that such testimony or evi- dence may tend to criminate the person giving such evidence shall not excuse such person from testifying or such corporation producing its books and papers, but no person shall be prosecuted Or subjected to any penalty or forfeiture for or on account of any trans- action, matter, or thing concerning which he may tes- tify or produce evidence documentary or otherwise in such proceeding: Provided, That the provisions of an Act entitled “An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hun- dred and ninety, entitled “An Act to protect trade and Commerce against unlawful restraints and monopolies,” “An Act to regulate commerce,’ approved February fourth, eighteen hundred and eighty-seven, or any Other Acts having a like purpose that may be here- after enacted, approved February eleventh, nineteen hundred and three,” shall apply to any Case prosecut- ed under the direction of the Attorney-General in the name Of the Interstate Commerce Commission. (Feb. 19, 1903, c. 708, § 3, 32 Stat. S4S.) Text in brackets superseded by §§ 1266–1268. And see §§ 8572, 8579, 8580, 8824, 8825. ..º $ 8600. Agent in city of Washington for serv- ice of notices and processes; service on agent, or, in default of designation—It shall be the duty of every Common Carrier subject to the provisions Of this Act, within sixty days after the taking effect Of this Act, to designate in writing an agent in the city of Washington, District of Columbia, upon whom Service Of all notices and processes may be made for and on behalf of said common carrier in any proceed- ing Or Suit pending before the Interstate Commerce Commission [or before said commerce court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which desig- nation may from time to time be changed by like Writing similarly filed ; and thereupon service of all notices and processes may be made upon Such com- mon Carrier by leaving a copy thereof with Such des- ignated agent at his office or usual place of residence in the city of Washington, with like effect as if made perSOnally upon Such COmmon carrier, and in default Of Such designation of such agent, service of any no- tice Or other process in any proceeding before said Interstate Commerce Commission [or commerce Court] may be made by posting such notice or pro- CeSS in the Office Of the secretary Of the Interstate Commerce Commission. (June 18, 1910, c. 309, § 6, 36 Stat. 544.) -- Text in brackets superseded by § 992. $ 8601. Previous proceedings and acts of Com- mission not impaired; powers conferred applica- ble to pending cases; existing obligations and lia- bilities not affected—Nothing in this Act contained shall undo or impair any proceedings heretofore tak- en by Or before the Interstate Commerce Commission or any of the Acts of said commission ; and in any cases, proceedings, Or matters now pending before it, the commission may exercise any of the powers here- by conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated ; and nothing in this Act Contained shall operate to release or affect any obligation, liability, penalty, or forfei- ture heretofore existing against or incurred by any person, corporation, Or association. (June 18, 1910, c. 309, § 15, 36 Stat. 556.) $ 8602. Commission to investigate issuantee of stocks and bonds; appointment and compensation of members; employment of experts and assist- ants; detail of officials from departments and bureaus; expenses--The President is hereby author- 3 8602a (Tit. 56A INTERSTATE AND FOREIGN COMMERCE IPage 13721 - ized to appoint a commission to investigate questions pertaining to the issuance of stocks and bonds by railroad corporations, subject to the provisions of the Act to regulate Commerce, and the power Of CongreSS to regulate or affect the same, and to fix the COm- pensation of the members of such commission. Said Commission shall be and is hereby authorized to em- ploy experts to aid in the work of inquiry and exam- ination, and Such Clerks, Stenographers, and Other assistants as may be necessary, which employees shall be paid such Compensation as the Commission may deem just and reasonable Upon a Certificate to be iS- Sued by the Chairman Of the COmmission. The Sey- eral departments and bureaus Of the Government shall detail from time to time Such Officials and em- ployees and furnish such information to the Com- mission as may be directed by the President. For the purposes of its investigations the Commission shall be authorized to incur and have paid upon the Certificate of its Chairman such expenses as the Com- mission shall deem necessary: Provided, however, That the total expenses authorized or incurred under the provisions of this section for compensation, em- ployees, or otherwise, shall not exceed the sum of twenty-five thousand dollars. (June 18, 1910, c. 309, § 16, 36 Stat. 556.) $ 8602a. Embezzlement or conversion by offi- cers of carrier; jurisdiction of state courts and conviction as bar to prosecution—Every president, director, Officer or manager of any firm, association or corporation engaged in commerce as a common car- rier, who embezzles, steals, abstracts or willfully mis- applies, or willfully permits to be misapplied, any of the moneys, funds, credits, securities, property or assets of such firm, association or Corporation, aris- ing or accruing from, or used in, such commerce, in whole or in part, or willfully or knowingly converts the same to his own use or to the use of another, shall be deemed guilty of a felony and upon convic- tion shall be fined not less than $500 or confined in the penitentiary not less than One year nor more than ten years, or both, in the discretion of the Court. Prosecutions hereunder may be in the district Court Of the United States for the district. Wherein the Of- fense may have been Committed. That nothing in this section shall be held to take away or impair the jurisdiction of the courts of the Several States under the laws thereof; and a judg- ment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecu- tion hereunder for the same act or acts. (Oct. 15, 1914, c. 323, § 9, 38 Stat. 733.) See §§ 8835a–8835p. $ 8603. Larceny and receiving stolen proper- ty; fraudulently taking baggage; receiving stolen baggage; asporting - goods—Whoever shall unlawfully break the seal of any railroad car contain- ing interstate or foreign shipments of freight or ex- press, or shall enter any such car with intent, in ei- ther case, to commit larceny therein ; or whoever Shall steal or unlawfully take, Carry away, Or COn- ceal, or by fraud Or deception. Obtain from any rail- road car, station house, platform, depot, Steamboat, vessel, or wharf, with intent to COnvert to his Own use any goods or chattels moving as, or which are a part of or which constitute, an interstate or foreign shipment of freight or express, or shall buy, or re- ceive, or have in his possession any such goods or chattels, knowing the same to have been stolen ; or whoever shall steal Or shall unlawfully take, carry away, or by fraud or deception obtain, with intent to convert to his own use, any baggage which shall have come into the possession of any common carrier for transportation from one State or Territory or the District of Columbia to another State or Territory or the District of Columbia, or to a foreign country, or from a foreign country to any State or Territory or the District of Columbia, or shall break into, steal, take, carry away, or conceal any of the contents of such baggage, or shall buy, receive, or have in his possession any such baggage or any article therefrom of whatsoever nature, knowing the same to have been Stolen, shall in each Case be fined not more than five thousand dollars Or imprisoned not more than ten years, or both, and prosecutions therefor may be in- stituted in any district wherein the Crime shall have been committed. The Carrying or transporting Of any such freight, express, baggage, goods, or chattels from One State or Territory or the District of Colum- bia into another State or Territory or the District of Columbia, knowing the same to have been stolen, shall Constitute a separate Offense and Subject the offender to the penalties above described for unlaw- ful taking, and prosecutions therefor may be insti- tuted in any district into which such freight, express, baggage, goods, or chattels shall have been removed Or into which they shall have been brought by such offender. (Feb. 13, 1913, c. 50, § 1, 37 Stat. 670.) $ 8604. Jurisdiction of state courts; effect of conviction or acquittal in state court—Nothing in this Act shall be held to take away or impair the ju- risdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal. On the merits under the laws of any State Shall be a bar to any prosecution hereunder for the º act or acts. (Feb. 13, 1913, c. 50, § 2, 37 Stat. 70.) see Chapter B–Bills of Lading 8604a. Issue by carrier receiving property for transportation; Iiability to holder for loss; limitation of liability; statement of value of goods, and rates dependent thereon; times for notice and filing of claims and for suits thereon. 8604a.a. Recovery by carrier issuing bill of amount of loss paid, from carrier on whose line loss occurred. 8604a.a.a. Transportation included in act. - e 8604aaaa.. Straight bill of lading. 8604b. Order bill of lading; nonnegotiable provisions void. 8604bb. Same; issue of order bills in parts or sets. 8604c. Same; indorsement on in case of issue of duplicate. 8604cc. Indorsement on straight bill of lading. 86046. Order bill of lading; insertion of name of person to be notified as affecting negotiability. 86046d. Same; delivery of goods on demand of holder of. 86046. Persons to whom carrier may deliver goods. 86046.e. Liability in case of delivery to improper person. 8604f. Lºlity in case of delivery without surrender of order bill. 8604ff. Same liability in case of part of goods. 8604g. Alteration of bill of lading. * 8604gg. Courts may order delivery on loss of order bill. 8604h. Liability on bill indorsed “duplicate.” 8604.hh. Claim of title as excuse for refusal to deliver. 8604i. Requiring conflicting claimants of goods to interplead. 8604ii. Delivery in case of information as to adverse claim. 8604.j. Enforcement of claim of third person to goods. 8604.jj. Counting packages or ascertaining character of freight; use of words “Shipper’s weight, load, and count.” 8604k. Weight, load and count, where freight loaded by ship- per; ascertainment of kind and quantity on request. 8604kk. Liability on bill issued by agent. 8604l. Attachment by garnishment of goods delivered to car- Tier under Order bill. 860417. Remedies of creditor of owner of Order bill. 8604rn. Lien of carrier. 8604mm. Liability after sale to satisfy lien. 8604n. Negotiation of order bill by delivery. 860.4nn. Same; by indorsement. 86040. Transfer of bill by delivery and agreement to transfer title; transfer of straight bill free from equities. 860400. Negotiation of order bill by person in possession. 8604p. Title and rights acquired by transferee of order bill. 8604pp. Rights of transferee of bill without negotiation; no- tice to carrier in case of transfer of straight bill. 860401. Compelling indorsement of order bill. 86040 g. Warranties extend to negotiation of bill or transfer for value. Liability of indorser of bill. Warranties by mortgagee or pledgee of bill. Bona fide purchaser of bill negotiated in breach of duty Negotiation of order bill by mortgagor or pledgor to person without notice. : 8604t. Rights of bona fide purchaser of order bill superior to seller’s lien or right of Stoppage in transitu. - 8604tt. Mortgage or lien valid apart from act. 8604UL. Forgery or counterfeiting bill. 8604uu. Terms defined. 8604.1". 8604Tr. 8604s. 8604ss. Ch. B) 3 8604bb INTERSTATE AND FOREIGN COMMERCE [Page 1373] Sec. o 8604v. Retroactive effect. 8604VV. Invalidity of part of act. 8604W. When act effective. $ 8604a. Issue by carrier receiving property for transportation; liability to holdier for loss; limitation of liability; statement of value of goods, and rates dependent thereon; times for notice and filing of claims and for suits thereon —Any common carrier, railroad, or transportation Company subject to the provisions of this Act re- Ceiving property for transportation from a point in One State or Territory or the District of Columbia to a point in another State, Territory, District of Columbia, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, Or injury to such property caused by it or by any COm- mon carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the Unit- ed States or within an adjacent foreign country when transported on a through bill of lading, and no Con- tract, receipt, rule, regulation, or other limitation of any character whatsoever, shall exempt such Com- mon carrier, railroad, or transportation Company from the liability hereby imposed; and any such com-TT mon carrier, railroad, or transportation company SO receiving property for transportation from a point in One State, Territory, or the District of Columbia to a point in another State or Territory, or from a point in a State or Territory to a point in the Dis- trict of Columbia, or from any point in the United States to a point in an adjacent foreign Country, Or for transportation wholly within a Territory shall be liable to the lawful holder of said receipt Or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, Or injury to Such property caused by it or by any such Common carrier, railroad, or transportation company to which such property may be delivered or over whose line Or lines such property may pass within the United States Or within an adjacent foreign COuntry When trans- ported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to Val- ue in any such receipt or bill of lading, Or in any Con- tract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any Such lim- itation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and Void: Provided, however, That the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limita- tion of liability or recovery or representation Or agreement or release as to value, and declaring any such limitation to be unlawful and void, shall not apply, first, to baggage carried on passenger trains or boats, or trains or boats carrying passengers; Sec- ond, to property, except ordinary live stock, received for transportation concerning which the carrier shall have been or shall hereafter be expressly authorized or required by order of the Interstate Commerce Com- mission to establish and maintain rates dependent up- on the value declared in writing by the shipper Or agreed upon in writing as the released value of the property, in which case such declaration or agree- ment shall have no other effect than to limit liability and recovery to an amount not exceeding the Value SO declared Or released, and Shall not, SO far as re- lates to Values, be held to be a violation Of Section ten of this Act to regulate Commerce, as amended ; and any tariff schedule which may be filed with the Commission pursuant to such Order shall contain Spe- cific reference thereto and may establish rates vary- ing with the value so declared or agreed upon ; and the commission is hereby empowered to make such order in cases where rates dependent upon and vary- ing with declared or agreed values would, in its opin- ion, be just and reasonable under the circumstances and conditions surrounding the transportation. The term ‘Ordinary live stock’ shall include all cattle, SWine, sheep, goats, horses, and mules, except such as are chiefly valuable for breeding, racing, show purposes, or other special uses: Provided further, That nothing in this section shall deprive any hold- er of such receipt or bill of lading of any remedy or right of action which he has under the existing law: Provided further, That it shall be unlawful for any such common carrier to provide by rule, contract, reg- ulation, or otherwise a shorter period for giving no- tice of claims than ninety days and for the filing of Claims for a shorter period than four months, and for the institution of suits than two years: Provid- ed, however, That if the loss, damage, or injury com- plained of was due to delay or damage while being loaded or unloaded, or damaged in transit by care- lessness or negligence, then no notice of claim nor filing of claim shall be required as a condition pre- cedent to recovery. (Feb. 4, 1887, c. 104, § 20, 24 Stat. 386, amended, June 29, 1906, c. 3591, § 7, 34 Stat. 595, March 4, 1915, c. 176, § 1, 38 Stat. 1196, and Aug. 9, 1916, c. 301, 39 Stat. 441.) This section and the section next following were parts of Act, Feb. 4, 1887, c. 104, § 20, as amended. See–Š-8592. And see § 8563 (4). bill, $ 8604aa. Recovery by carrier, issuing of armount of loss paid, from carrier on whose line loss occurred—That the common carrier, rail- road, Or transportation company issuing such receipt Or bill of lading shall be entitled to recover from the Common carrier, railroad, or transportation com- pany on whose line the loss, damage, or injury shall have been Sustained the amount of such loss, dam- age, Or injury as it may be required to pay to the OWners of such property, as may be evidenced by any receipt, judgment, or transcript thereof. (Feb. 4, 1887, C. 104, § 20, 24 Stat. 386, amended, June 29, 1906, c. 3591, § 7, 34 Stat. 595.) $ 8604aaa. Transportation included in act— Bills of lading issued by any common carrier for the transportation of goods in any Territory of the Unit- ed States, or the District of Columbia, or from a place in a State to a place in a foreign country, or from a place in one State to a place in another State, Or from a place in One State to a place in the same State through another State or foreign country, shall be governed by this Act. (Aug. 29, 1916, c. 415, § 1, 39 Stat. 538.) $ 8604aaaa. Straight bill of lading—A bill in Which it is stated that the goods are consigned or destined to a specified person is a straight bill. (Aug. 29, 1916, c. 415, § 2, 39 Stat. 539.) $ 86.04 b. Order bill of lading; nonnegotiable provisions void-A bill in which it is stated that the goods are Consigned or destined to the order of any person named in such bill is an order bill. Any provi- Sion in Such a bill or in any notice, contract, rule, regulation, Or tariff that it is nonnegotiable shall be null and Void and shall not affect its negotiability Within the meaning of this Act unless upon its face and in Writing agreed to by the shipper. (Aug. 29, 1916, c. 415, § 3, 39 Stat. 539.) $ 8604bb. Same; issue of order bills in parts or sets—Order bills issued in a State for the trans- portation of goods to any place in the United States On the Continent of North America, except Alaska. and Panama, Shall not be issued in parts Or Sets. If SO issued, the carrier issuing them shall be liable for failure to deliver the goods described therein to anyone who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts: Provided, however, That nothing con- tained in this Section Shall be interpreted or COn- Strued to forbid the issuing of Order bills in parts Ol' 3 S604c (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1374] sets for such transportation of goods to Alaska, Pana- ma, Porto Rico, the Philippines, Hawaii, or foreign countries, or to impose the liabilities set forth in this Section for so doing. (Aug. 29, 1916, c. 415, § 4, 39 Stat. 539.) $ 8604c. Same; indorsement on in case of is- sue of duplicate—When more than one order bill is issued in a State for the same goods to be transport- ed to any place in the United States on the Continent of North America, except Alaska and . Panama, the word “duplicate,” or some other Word or Words in- dicating that the document is not an Original bill, shall be placed plainly upon the face of every Such bill except the one first issued. A carrier shall be liable for the damage caused by his failure SO to do to anyone who has purchased the bill for Value in good faith as an original, even thotigh the purchase be after the delivery of the goods by the carrier to the holder of the original bill: Provided, however, That nothing contained in this section shall in Such case for such transportation of goods to Alaska, Pan- ama, Porto Rico, the Philippines, Hawaii, or foreign Countries be interpreted or Construed SO as to require the placing of the word “duplicate” thereon, or to im- pose the liabilities set forth in this section for fail- ure so to do. (Aug. 29, 1916, c. 415, § 5, 39 Stat. 539.) § 86.04cc. Indorsement on straight bill of lad- ing—A straight bill shall have placed plainly upon its face by the carrier issuing it “nonnegotiable” or “not negotiable.” This section shall not apply, however, to memoran- da Or acknowledgments of an informal Character. (Aug. 29, 1916, c. 415, § 6, 39 Stat. 539.) § 86.04d. Order bill of lading; insertion of nanae of person to be notified as affecting me- gotiability—The insertion in an Order bill Of the name of a person to be notified of the arrival Of the goods shall not limit the negotiability of the bill Or constitute notice to a purchaser thereof of any rights or equities of such person in the goods. (Aug. 29, 1916, c. 415, § 7, 39 Stat. 539.) - $ 86.04 did. Same; delivery of goods on demand of holdier of A Carrier, in the absence Of SOme law- ful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods or, if the bill is an order bill, by the hold- er thereof, if such a demand is accompanied by— (a) An offer in good faith to satisfy the Carrier's lawful lien upon the goods; (b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is an Order bill; and w - (c) A readiness and willingness to Sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the Carrier. In Case the carrier refuses Or fails to deliver the goods, in compliance with a demand by the consignee Or holder so accompanied, the burden shall be upon the Carrier to establish the existence of a lawful ex- cuse for such refusal or failure. (Aug. 29, 1916, c. 415, § 8, 39 Stat. 539.) $ 86046. Persons to whom carrier may deliv- er goods—A carrier is justified, subject to the pro- visions of the three following sections, in delivering goods to One who is— - (a) A person lawfully entitled to the possession of the goods, or - (b) The consignee named in a straight bill for the goods, or (C) A person in possession of an order bill for the goods, by the terms of which the goods are deliver- able to his Order; or which has been indorsed to him, Or in blank by the consignee, or by the mediate or im- mediate indorsee of the consignee. (Aug. 29, 1916, c. 415, § 9, 39 Stat. 540.) $ 86046.e. Liability in case of delivery to im- proper person—Where a carrier delivers goods to One Who is not lawfully entitled to the possession of them, the carrier shall be liable to anyone having a right of property or possession in the goods if he de- livered the goods otherwise than as authorized by Subdivisions (b) and (c) of the preceding section ; and, though he delivered the goods as authorized by ei- ther of said subdivisions, he shall be so liable if prior to such delivery he— (a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or - (b) Had information at the time of the delivery that it was to a person not lawfully entitled to the pos- Session of the goods. - Such request or information, to be effective within the meaning of this section, must be given to an of- ficer or agent of the carrier, the actual or apparent SCOpe Of Whose duties includes action upon such a request Or information, and must be given in time to enable the Officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods. (Aug. 29, 1916, c. 415, § 10, 39 Stat. 540.) $ 86.04f. Liability in case of delivery without surrender of order bill—Except as provided in Sec- tion twenty-six, and except when compelled by legal process, if a carrier delivers goods for which an Or- der bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and Cancel the bill, such carrier shall be liable for failure to deliver the goods to anyone who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier and notwithstanding delivery was made to the person entitled thereto. (Aug. 29, 1916, c. 415, § 11, 39 Stat. 540.) - - - $ 8604ff. Same liability in case of part of goods—Except as provided in section twenty-six, and except when compelled by legal process, if a carrier delivers part of the goods for which an order bill had been issued and fails either— (a) To take up and cancel the bill, or (b) To place plainly upon it a statement that a por- tion of the goods has been delivered with a descrip- tion which may be in general terms either of the goods or packages that have been so delivered or of the goods or packages which still remain in the Car- rier's possession, he shall be liable for failure to de- liver all the goods specified in the bill to anyone who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the deliv- ery of any portion of the goods by the carrier, and notwithstanding Such delivery Was made to the per- Son entitled thereto. (Aug. 29, 1916, c. 415, § 12, 39 Stat. 540.) $ 8604g. Alteration of bill of lading—Any al- teration, addition, or erasure in a bill after its issue without authority from the carrier issuing the Same either in writing or noted on the bill, shall be void whatever be the nature and purpose of the change, and . the bill shall be enforceable according to its original tenor. (Aug. 29, 1916, c. 415, § 13, 39 Stat. 540.) $ 86.04gg. Courts may order delivery on loss of order bill—Where an order bill has been lost, stolen, or destroyed a court of competent jurisdiction may order the delivery of the goods upon Satisfactory proof of such loss, theft, or destruction and upon the giving of a bond, with sufficient surety, to be approv- ed by the court, to protect the carrier or any perSon. injured by such delivery from any liability or 10SS incurred by reason of the original bill remaining Out- standing. The court may also in its discretion order the payment of the carrier's reasonable costs and counsel fees: Provided, a voluntary indemnifying bond without order of court shall be binding On the parties thereto. Ch. B) 3 8604m INTERSTATE AND FOREIGN COMMERCE The delivery of the goods under an order of the court, as provided in this section, shall not relieve the carrier from liability to a person to whom the order bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. (Aug. 29, 1916, c. 415, § 14, 39 Stat. 540.) $ 8604.h. Liability on bill indorsed “dupli- cate”—A bill, upon the face of which the word “du- plicate” or some other word or words indicating that the document is not an original bill is placed, plainly shall impose upon the carrier issuing the same the liability of one who represents and warrants that such bill is an accurate copy of an original bill prop- erly issued, but no other liability. (Aug. 29, 1916, C. 415, § 15, 39 Stat. 541.) $ 8604.hh. Claim of title as excuse for refusal to deliver—No title to goods or right to their pos- session asserted by a carrier for his own benefit shall excuse him from liability for refusing to deliver the goods according to the terms of a bill issued for them, unless such title or right is derived directly or indi- rectly from a transfer made by the consignor Or COn- signee after the shipment, or from the carrier's lien. (Aug. 29, 1916, c. 415, § 16, 39 Stat. 541.) $ 8604i. Requiring conflicting claimants of goods to interplead—If more than one person claim the title or possession of goods, the carrier may re- quire all known claimants to interplead, either as a defense to an action brought against him for non- delivery of the goods or as an original suit, which- ever is appropriate. (Aug. 29, 1916, c. 415, § 17, 39 Stat. 541.) $ 8604ii. Delivery in case of information as to adverse claim—If some one other than the Con- signee or the person in possession of the bill has a claim to the title or possession of the goods, and the carrier has information of such claim, the carrier shall be excused from liability for refusing to de- liver the goods, either to the consignee or person in possession of the bill or to the adverse claimant, un- til the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. (Aug. 29, 1916, c. 415, § 18, 39 Stat. 541.) $ 86.04.j. Enforcement of claim of third per- son to goods—Except as provided in the two preced- ing sections and in section nine, no right or title of a third person, unless enforced by legal process, shall be a defense to an action brought by the consignee of a straight bill or by the holder of an order bill against the carrier for failure to deliver the goods on demand. (Aug. 29, 1916, c. 415, § 19, 39 Stat. 541.) $ 8604.jj. Counting packages or ascertaining character of freight; use of words “Shipper’s weight, Ioad, and count”—When goods are loaded by a Carrier Such carrier shall count the packages of goods, if package freight, and ascertain the kind and Quantity if bulk freight, and such carrier shall not, in such cases, insert in the bill of lading or in any notice, receipt, Contract, rule, regulation, or tariff, “Shipper's weight, load, and count,” or other words of like purport, indicating that the goods were load- ed by the Shipper and the description of them made by him or in case of bulk freight and freight not Concealed by packages the description made by him. If SO inserted, COntrary to the provisions of this Section, said words shall be treated as null and void and as if not inserted therein. (Aug. 29, 1916, c. 415, § 20, 39 Stat. 541.) $ 8604k. Weight, load and count, where freight loaded by shipper; ascertainment of kind and quantity on request—When package freight Or bulk freight is loaded by a shipper and the goods are described in a bill of lading merely by a statement of marks or labels upon them or upon packages contain- ing them, Or by a Statement that the goods are said to be goods of a certain kind or quantity, or in a certain condition, Or it is stated in the bill of lading that packages are said to contain goods of a certain [[Page 1375] kind or quantity or in a certain condition, or that the Contents Or condition of the contents of packages are unknown, Or words of like purport are contained in the bill of lading, such statements, if true, shall not make liable the carrier issuing the bill of lading, although the goods are not of the kind or quantity Or in the condition which the marks or labels upon them indicate, or of the kind or quantity or in the condi- tion they were said to be by the consignor. The car- Tier may also by inserting in the bill of lading the Words “Shipper's weight, load, and count,” or other Words of like purport indicate that the goods were loaded by the shipper and the description of them made by him; and if such statement be true, the car- rier shall not be liable for damages caused by the im- proper loading or by the nonreceipt Or by the misde- Scription of the goods described in the bill of lading: Provided, however, Where the shipper of bulk freight installs and maintains adequate facilities for weigh- ing such freight, and the same are available to the carrier, then the carrier, upon written request of such Shipper and when given a reasonable Opportunity so to do, shall ascertain the kind and quantity of bulk freight within a reasonable time after Such written request, and the carriers shall not in Such Cases in- sert in the bill of lading the words “Shipper's weight,” Or Other words of like purport, and if so inserted Con- trary to the provisions of this section, said words Shall be treated as null and Void and as if not in- serted therein. (Aug. 29, 1916, c. 415, § 21, 39 Stat. 541.) & $ 8604]+k. Liability on bill issued by agent—If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the receiving of goods and issuing bills of lading therefor for transportation in commerce among the several States and with foreign nations, the carrier shall be liable to (a) the owner of goods covered by a straight bill subject to existing right of stoppage in transitu or (b) the holder of an order bill, who has given value in good faith, relying upon the description therein of the goods, for damages caused by the nonreceipt by the carrier of all or part of the goods or their failure to correspond with the description thereof in the bill at the time of its issue. (Aug. 29, 1916, c. 415, § 22, 39 Stat. 542.) Q $ 86.047. Attachment by garnishment of goods delivered to carrier under order bill—If goods are delivered to a carrier by the Owner or by a person whose act in conveying the title to them to a purchas- er for value in good faith would bind the owner, and an Order bill is issued for them, they can not there- after, while in the possession of the carrier, be at- tached by garnishment or otherwise or be levied upon under an execution unless the bill be first Surrendered to the carrier or its negotiation enjoined. The car- rier shall in no such case be compelled to deliver the actual possession of the goods until the bill is surrendered to him or impounded by the Court. (Aug. 29, 1916, c. 415, § 23, 39 Stat. 543.) $ 8604ll. Remedies of creditor of owner of order bill—A Creditor Whose debtor is the Owner of an Order bill shall be entitled to such aid from Courts of appropriate jurisdiction by injunction and other- wise in attaching such bill Or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property Which can not readily be at- tached or levied upon by Ordinary legal process. (Aug. 29, 1916, c. 415, § 24, 39 Stat. 544.) $ 86.04 m. Tien of carrier—If an order bill is issued the carrier shall have a lien on the goods there- in mentioned for all Charges on those goods for freight, storage, demurrage and terminal charges, and expenses necessary for the preservation of the goods Or incident to their transportation subsequent to the date of the bill and all Other charges incurred in transportation and delivery, unless the bill expressly enumerates Other charges for which a lien is claimed. 3 8604mm (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1376] In Such case there shall also be a lien for the charges enumerated so far as they are allowed by law and the Contract between the consignor and the carrier." (Aug. 29, 1916, c. 415, § 25, 39 Stat. 542.) $ 8604mm. Liability after sale to satisfy lien—After goods have been lawfully sold to satisfy a Carrier's lien, or because they have not been claimed, Or because they are perishable or hazardous, the car- rier shall not thereafter be liable for failure to de- liver the goods themselves to the consignee or owner Of the goods, or to a holder of the bill given for the goods when they were shipped, even if such bill be an Order bill. (Aug. 29, 1916, c. 415, § 26, 39 Stat. 542.) - . $ 86.04 m. Negotiation of order bill by delivery —An order bill may be negotiated by delivery where, by the terms of the bill, the carrier undertakes to deliver the goods to the order of a specified person, and Such person Or a subsequent indorsee Of the bill has indorsed it in blank. (Aug. 29, 1916, c. 415, § 27, 39 Stat. 542.) \ $ 86.04 mm. Same; by indorsement—An Order bill may be negotiated by the indorsement of the perSOIn to whose order the goods are deliverable by the tenor of the bill. Such indorsement may be in blank or to a specified person. If indorsed to a Specified person, it may be negotiated again by the indorsement of such person in blank or to another specified person. Subsequent negotiation may be made in like manner. (Aug. 29, 1916, c. 415, § 28, 39 Stat. 543.) . $ 86040. Transfer of bill by delivery and agreement to transfer title; transfer of straight bill free from equities—A bill may be transferred by the holder by delivery, accompanied with an agree- Iment, express or implied, to transfer the title to the bill or to the goods represented thereby. A straight bill can not be negotiated free from existing equities, and the indorsement of such a bill gives the trans- feree no additional right. (Aug. 29, 1916, c. 415, § 29, 39 Stat. 543.) $ 860400. Negotiation of order bill by per- son in possession—An order bill may be negotiated by any person in possession of the same, however Such possession may have been acquired, if by the terms of the bill the Carrier undertakes to deliver the goods to the Order of such person, or if at the time of negotiation the bill is in such form that it may be negotiated by delivery. (Aug. 29, 1916, c. 415, § 30, 39 Stat. 543.) $ 8604.p. Title and rights acquired by trans- feree of order bill—A person to whom an order bill has been duly negotiated acquires thereby— (a) Such title to the goods as the person negotiat- ing the bill to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the consignee and consignor had or had power to Convey to a purchaser in good faith for value; and - (b) The direct obligation of the carrier to hold pos- session of the goods for him according to the terms of the bill as fully as if the carrier had contracted di- rectly with him. (Aug. 29, 1916, c. 415, § 31, 39 Stat. 543.) $ 8604 pp. Rights of transferee of bill with- out negotiation; notice to carrier in case of transfer of straight bill—A person to whom a bill has been transferred, but not negotiated, acquires thereby as against the transferor the title to the goods, Subject to the terms of any agreement with the transferor. If the bill is a straight bill such person also acquires the right to notify the carrier of the transfer to him of such bill and thereby to become the direct obligee of whatever obligations the carrier owed to the transferor of the bill immediately before the notification. Prior to the notification of the carrier by the trans- feror or transferee of a straight bill the title of the transferee to the goods and the right to acquire the obligation of the carrier may be defeated by garnish- ment or by attachment or execution upon the goods by a creditor of the transferor, or by a notification to the carrier by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor. A carrier has not received notification within the meaning of this section unless an Officer or agent Of the Carrier, the actual or apparent scope of whose duties includes action upon such a notification, has been no- tified; and no notification shall be effective until the Officer or agent to whom it is given has had time, with the exercise of reasonable diligence, to communicate With the agent Or agents having actual possession or control of the goods. (Aug. 29, 1916, c. 415, § 32, 39 Stat. 543.) $ 8604q. Compelling indorsement of order bill —Where an order bill is transferred for value by de- livery, and the indorsement of the transferor is es- Sential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the bill, unless a contrary intention appears. The negotia- tions shall take effect as of the time when the indorse- ment is actually made. This obligation may be spe- cifically enforced. (Aug. 29, 1916, c. 415, § 33, 39 Stat. 543.) - $ 86.0444. Warranties extend to negotiation of bill or transfer for value—A person who nego- tiates or transfers for value a bill by indorsement or delivery, unless a contrary intention appears, war- rants— - (a) That the bill is genuine; (b) That he has a legal right to transfer it; (c) That he has knowledge of no fact which would impair the validity or worth of the bill; - (d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties WOuld have been implied if the Contract of the parties had been to transfer without a bill the goods repre- Sented thereby. (Aug. 29, 1916, c. 415, § 34, 39 Stat. 543.) $ 8604r. Liability of indorser of bill—The in- dorsement of a bill shall not make the indorser liable for any failure on the part of the carrier or previous indorsers of the bill to fulfill their respective obliga- tions. (Aug. 29, 1916, c. 415, § 35, 39 Stat. 544.) $ 86941’r. Warranties by m or t g a gee or pledgee of bill—A mortgagee or pledgee or other holder of a bill for security who in good faith de- mands Or receives payment of the debt for which such bill is security, whether from a party to a draft drawn for such debt or from any other person, shall not be deemed by so doing to represent or warrant the genuineness of such bill or the quantity or quality of the goods therein described. (Aug. 29, 1916, c. 415, § 36, 39 Stat. 544.) *. $ 8604s. Roma fide purchaser of biii negotiat- ed in breach of duty—The validity of the negotia- tion of a bill is not impaired by the fact that such . 11egotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the OWner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress, loss, theft, or conversion, if the person to whom the bill Was negotiated, or a person to whom the bill was Sub- sequently negotiated, gave value therefor in good faith, without notice of the breach of duty, Or fraud, accident, mistake, duress, loss, theft, or Conversion. (Aug. 29, 1916, c. 415, § 37, 39 Stat. 544.) $ 86.04ss. Negotiation of order bill by mort- gagor or pledgor to person without notice—Where a person, having sold, mortgaged, or pledged goods which are in a carrier’s possession and for which an order bill has been issued, or having sold, mortgaged, or pledged the order bill representing such goods, Continues in possession of the Order bill, the Subse- quent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person Ch. C) & 8604w INTERSTATE AND FOREIGN COMMERCE (Aug. 29, 1916, c. 415, § 40, 39 Stat. 544.) * [Page 1377] receiving the same in good faith, for value and with- out notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation. (Aug. 29, 1916, c. 415, § 38, 39 Stat. 544.) $ 8604t. IRights of bona fide purchaser of or- der bill superior to seller’s lien or right of stop- page in transitu-Where an order bill has been is- sued for goods no seller’s lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such bill has been nego- tiated, whether such negotiation be prior or SubSer quent to the notification to the Carrier who issued. Such bill of the Seller's claim to a lien or right of Stoppage in transitu. Nor shall the carrier be obliged to deliv- er or justified in delivering the goods to an unpaid seller unless Such bill is first Surrendered for Can- cellation. (Aug. 29, 1916, c. 415, $ 39, 39 Stat. 544.) $ 8604tt. Mortgage or lien valid apart from act—Iºxcept as provided in section thirty-nine, nothing in this Act shall limit the rights and remedies of a mortgagee or lien holder whose mortgage or lien. On goods would be Valid, apart from this Act, as against One who for value and in good faith purchased from the Owner, immediately prior to the time of their de- livery to the carrier, the goods which are subject to the mortgage or lien and obtained possession of them. $ 8604 u. Forgery or counterfeiting bill—Any person who, knowingly or with intent to defraud, falsely makes, alters, forges, Counterſeits, prints or photographs any bill of lading purporting to repre- sent goods received for shipment among the several States Or with foreign nations, or with like intent utters or publishes as true and genuine any such false- ly altered, ſorged, counterfeited, falsely printed Or Dhotographed bill of lading, knowing it to be falsely altered, forged, counterfeited, falsely printed or photo- graphed, or aids in making, altering, forging, Coun- terfeiting, printing or photographing, or uttering or publishing the same, Or issues or aids in issuing or proëuring the issue of, or negotiates or transfers for Value a bill which contains a false statement as to the receipt of the goods, or as to any other matter, or Who, with intent to defraud, violates, or fails to Com- ply with, or aids in any violation of, or failure to Com- ply with any provision of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punish- ed for each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both. (Aug. 29, 1916, c. 415, § 41, 39 Stat. 544.) $ 86.04 uti. Terms defined—First. That in this Act, unless the context of subject matter otherwise requires— “Action” includes counterclaim, set-off, and suit in equity. “Bill” means bill of lading governed by this Act. “Consignee” means the person named in the bill as the person, to whom delivery of the goods is to be made. “Consignor” means the person named in the bill as the person from whom the goods have been received for shipment. “Goods” means merchandise or chattels in course of transportation or which have been Or are about to be transported. “Holder” of a bill means a person who has both ac- tual possession of such bill and a right of property therein. “Order” means an order by indorsement on the bill. “Person” includes a corporation or partnership, or tWO Or more perSons having a joint or common inter- eSt. To “purchase” includes to take as mortgagee and to take as pledgee. - “State” includes any Territory, District, insular pos- Session, or isthmian possession. (Aug. 29, 1916, c. 415, § 42, 39 Stat. 545.) COMP.S.T.’18–87 $ 8604v. Retroactive effect—The provisions of this Act do not apply to bills made and delivered pri- Or to the taking effect thereof. (Aug. 29, 1916, c. 415, § 43, 39 Stat. 545.) $ 8604v.v. Invalidity of part of act—The provi- sions and each part thereof and the sections and each part thereof of this Act are independent and severa- ble, and the declaring of any provision or part there- of, or provisions or part thereof, or section or part thereof, or sections or part thereof, unconstitutional Shall not impair or render unconstitutional any other provision or part thereof or Section or part thereof. (Aug. 29, 1916, c. 415, § 44, 39 Stat. 545.) $ 8604 w. When act effective—This Act shall take effect and be in force on and after the first day of January next after its passage. (Aug. 29, 1916, c. 415, § 45, 39 Stat. 545.) Chapter C–Safety Appliances and Equipments on Railroad Engines and Cars, and Protection of Em- ployés and Travelers Sec. 8605. Driving-wheel brakes, and appliances for operating train-brake system. 8606. Automatic couplers. -—-—- © 8607. Refusal of insufficiently equipped cars from connecting lines. Grab irons or handholds. Standard height of drawbars for freight cars; plying cars excluded from traffic. Failure to equip cars; duty of District Attorneys and Interstate Commerce Commission. Extension of time for compliance with act. Assumption of risk by employés. Provisions of act extended. Number of cars to be operated by train brakes; Crease of number. Time of taking effect of act. Enforcement of safety appliance act; C2.T.S. Application of provisions to common carriers and vehi cles subject to “Safety Appliance Acts.” Use of cars not equipped with safety appliances; sion of hand brakes. 8608. 8609. 86.10. 86.11. 8612. 8613. 8614. 8615. 86.16. 86.17. 86.18. In On COIſl- in- inspection of ma^ Omis 8619. Safety appliances, as designated by Commission, to be standards of equipment; penalty for failure to comply §: law; modification of standard height of draw- a.T.S. 8620. Jurisdiction of Interstate Commerce Commission to ex- tend period for compliance by carrier with “Safety Appliance Acts.” 8621. Penalty for using car not equipped as provided; haul— ing car for repairs where equipment becomes defec- tive; liability for death or injury of employé; use of chains instead of drawbars. 8622. Liability for using car with defective equipment, except as specified; act not to affect previous “Safety Appli- ance Acts.” 8623. Pºrs and duty of Commission as to enforcement of a. CU. 8624. Use of locomotive not equipped with safety ash pan. 8625. Same; in Territories or District of Columbia. 8626. Penalty for violation of act, and actions therefor, du- ties of district attorneys and of Commission. 8627. Enforcement of act by Commission. 86.28. Who included in term “common carrier.” 8629. Act not to apply to locomotives on which ash pan not necessary. 8630. Inspection of locomotive boilers and appurtenances; common carriers by railroad to whom act applies; terms “railroad” and “employés” defined. 8631. Same; use of locomotive, unless boiler safe; inspection and tests. 8632. Same; chief inspectors. 8633. Same; inspection districts; appointment of inspectors, and assignment to districts; salaries and expenses: examinations of applicants; disqualifications. 8634. Same; inspection by carriers; rules and instructions. 8635. Same; duties of district inspectors; personal inspec- tion; inspection and repairs by carriers; sworn re- ports by carriers; notice to carrier of condition of boiler; appeal to chief inspector and re-examination; further appeal to Commission. 8636. Same; annual report of chief inspector. 8637. (1) Same; report by carrier to chief inspector as to ac- cident; investigation and report thereupon. (2) Reports by Commission of investigations. 8638. Same; penalty, for violation by carrier of act, or of rule, regulation under its provisions, or order; duty of district attorney to sue therefor; chief inspector to give information. 2 :8605 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE Sec. 8639. Same; appropriations to carry out provisions. 8639a. Same; prohibition against use of locomotive, unless boiler safe, to apply to entire locomotive and tender. 8639b. Same; powers and duties of inspectors, and provi- Sions of act, to apply to all parts of locomotive and tender; examinations of inspectors. - 8639c. Same; act not to affect any other act than Act Feb. 17, 1911, c. 103. - - 86396. Same; time of taking effect of act. - 8640. Investigation and report by Commission; block signal Systems and appliances for automatic control of trains; powers of Commission as to evidence. 8641. Investigation and testing by Commission of appliances Or Systems to promote safety. 8642. Monthly reports of accidents by railroads. 8643. Same; failure to make report. - 8644. Investigation by Commission of accidents; powers and proceedings; co-operation with State commissions; re- ports. . ." - - '8645. Same; reports not evidence in suits for damages. 8646. Same; form of reports. 8647. Terms “interstate commerce” and “foreign commerce” defined. - 8648. Medals of honor for persons saving lives on railroads. . 8649. Same; rosettes issued to persons to whom medals awarded. 8650. Same; appropriations available. $ 8605. IDriving-wheel brakes, and appliances for operating train-brake system—From and after the first day of January, eighteen hundred and ninety- eight, it shall be unlawful for any common carrier en- gaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traf- fic not equipped with a power driving-wheel brake and appliances for Operating the train-brake System, Or to run any, train in such traffic after said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose. (March 2, 1893, c. 196, § 1, 27 Stat. 531.) t $ 8606. Automatic couplers—On and after the first day Of January, eighteen hundred and ninety- eight, it shall be unlawful for any such common car- rier to haul Or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the Cars. (March 2, 1893, c. 196, § 2, 27 Stat. 531.) - $ 8607. Refusal of insufficiently equipped cars from connecting lines—When any person, firm, Company, Or COrporation engaged in interstate Com- merce by railroad shall have equipped a sufficient number Of its CarS SO as to COmply with the provisions of Section. One of this act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this act, with such power or train brakes as will work and readily interchange with the brakes in use On its Own Cars, as required by this act. (March 2, 1893, c. 196, § 3, 27 Stat. 531.) § 8608. . Grab irons or handholds—From and after the first day of July, eighteen hundred and nine- ty-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad. COmpany to use any Car in interstate COm- merce that is not provided with Secure grab irons or handholds in the ends and sides of each car for great- er security to men in coupling and uncoupling cars. (March 2, 1893, c. 196, § 4, 27 Stat. 531.) $ 8609. Standard height of drawbars for £reight cars; Rhoncomplying cars excluded from traffic—Within, ninety days from the passage of this act the American Railway Association is authorized hereby to designate to the Interstate Commerce Com- mission the standard height of drawbars for freight Cars, measured perpendicular from the level of the tops of the rails to the centers of the drawbars, for each of the several gauges of railroads in use in the |United States, and shall fix a maximum variation from such standard height to be allowed between the drawbars of empty and loaded cars. Upon their IPage 13781 determination being certified to the Interstate Com- merce Commission, said Commission shall at once give notice of the standard fixed upon to all com- mon Carriers, owners, or lessees engaged in inter- state commerce in the United States by such means. as the Commission may deem proper. But should said aSSOCiation fail to determine a standard as above provided, it shall be the duty of the Interstate Com- merce Commission to do so, before July first, eighteen hundred and ninety-four, and immediately to give no- tice thereof as aforesaid. And after July first, eight- een hundred and ninety-five, no cars either loaded or unloaded, shall be used in interstate traffic which do Inot Comply with the standard above provided for. (March 2, 1893, c. 196, § 5, 27 Stat. 531.) $ 8610. Failure to equip cars; duty of District Attorneys and Interstate Commerce Commission —Any such common carrier using any locomotive en- gine, running any train, or hauling or permitting to be hauled Or used. On its line any car in violation of any of the provisions of this Act, shall be liable to a penalty of one hundred dollars for each and every Such violation, to be recovered in a Suit or Suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been COmmitted; and it shall be the duty of Such district attorney to bring such suits upon duly verified infor- mation being lodged with him of such violation having occurred; and it shall also be the duty of the Inter- state Commerce Commission to lodge with the prop- er district attorneys information of any such violations as may come to its knowledge: Provided, That noth- ing in this Act COntained shall apply to trains Com- posed of four-wheel Cars or to trains composed of eight-wheel standard logging cars where the height of such car from top of rail to Center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or loco- motives are exclusively used for the transportation of logs. (March 2, 1893, c. 196, § 6, 27 Stat. 532, amended, April 1, 1896, c. 87, 29 Stat. 85.) $ 861 1. Extension of time for compliance with act—The Interstate Commerce Commission may from time to time upon full hearing and for good Cause extend the period within which any common carrier shall comply with the provisions of this act. (March 2, 1893, c. 196, § 7, 27 Stat. 532.) $ 8612. Assumption of risk by employees— Any employee of any such COmmon Carrier who may be injured by any locomotive, car, or train in use contrary to the provision of this act shall not be deemed thereby to have assumed the risk thereby Occasioned, although continuing in the employment of such carrier after the unlawful use of such loco- motive, car, or train had been brought to his knowl- edge. (March 2, 1893, c. 196, § 8, 27 Stat. 532.) $ 8613. Provisions of act extended—The provi- sions and requirements of the Act entitléd “An Act to promote the safety of employees and travelers upon railroads by compelling Common Carriers engaged in interstate COmmerce to equip their cars With automat- ic couplers and continuous brakes and their loco- motives with driving-Wheel brakes, and for other pur- poses,” approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hun- dred and ninety-six, shall be held to apply to Com- mon carriers by railroads in the Territories and the District of Columbia and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements hereof and of said Acts relating to train brakes, automatic couplers, grab irons, and the height of drawbars shall be held to apply to all trains, 10CO- motives, tenders, cars, and similar Vehicles used on any railroad engaged in interstate Commerce, and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar ve- Ch. C) 3 8621 INTERSTATE AND FOREIGN COMMERCE [Page 1379] hicles used in connection therewith, excepting those trains, Cars, and 10COmotives exempted by the provi- Sions of Section six of said Act of March second, eighteen hundred and ninety-three, as amended by the Act Of April first, eighteen hundred and ninety- six, or which are used upon street railways. (March 2, 1903, c. 976, § 1, 32 Stat. 943.) $ 8614. Number of cars to be operated by train brakes; increase of number—Whenever, as provided in Said Act, any train is Operated With pow- er Or train brakes, not less than fifty per Centum Of the cars in such train shall have their brakes used and Operated by the engineer Of the locomotive drawing Such train ; and all power-braked Cars in such train which are associated together with said fifty per Centum Shall have their brakes SO used and Operated; and, to more fully carry into effect the objects of said Act, the Interstate-Commerce Commission may, from time to time, after full hearing, increase the mini- mum percentage of Cars in any train required to be Operated with power or train brakes which must have their brakes used and Operated as aforesaid; and failure to comply with any such requirement Of the said Interstate-Commerce Commission shall be Sub- ject to the like penalty as failure to Comply With any requirement of this section. (March 2, 1903, c. 976, § 2, 32 Stat. 943.) *- - - $ 8615. Time of taking effect of act—The pro- visions of this Act shall not take effect until Septem- ber first, nineteen hundred and three. Nothing in this Act Shall be held Or COInStrued to relieve any COmmon carrier, the Interstate-Commerce Commission, Or any United States district attorney from any Of the pro- visions, powers, duties, liabilities, or requirements of Said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April first, eighteen hundred and ninety-six; and all of the provisions, powers, duties, requirements and liabili- ties of said Act of March second, eighteen hundred and ninety-three, as amended by the Act Of April first, eighteen hundred and ninety-six, shall, except as specifically amended by this Act, apply to this Act. (March 2, 1903, c. 976, § 3, 32 Stat. 943.) $ 8616. Enforcerment of safety appliance act; inspection of mail cars—TO enable the Interstate Commerce Commission to keep informed regarding Compliance with the “Act to promote the Safety of employees and travelers upon railroads,” approved March second, eighteen hundred and ninety-three, and to execute and enforce the requirements Of the said Act, including the employment of inspectors, One hun- dred thousand dollars. Hereafter all inspectors em- ployed for the enforcement of said Act shall also be required to make examination of the Construction, adaptability, design, and condition of all mail cars used on any railroad in the United States and make report thereon, a copy of which report shall be trans- mitted to the Postmaster-General. (May 27, 1908, c. 200, § 1, 35 Stat. 324.) $ 8617. Application of provisions to common carriers and vehicles subject to “Safety Appli- ance Acts”—The provisions of this Act shall apply to every common carriér and every vehicle subject to the Act of March second, eighteen hundred and ninety- three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, commonly known as the “Safety Appliance Acts.” (April 14, 1910, c. 160, § 1, 36 Stat. 298.) $ 8618. Use of cars not equipped with safety appliances; ornission of hand brakes—On and aft- er Júlv first, nineteen hundred and eleven, it shall be unlawful for any common carrier subject to the pro- visions of this Act to haul, or permit to be hauled or used on its line any car subject to the provisions of this Act not equipped with appliances provided for in this Act, to Wit: All cars must be equipped with secure Sill StepS alıd efficient hand brakes; all cars requiring Secure ladders and Secure running boards shall be equipped with such ladders and running boards, and all cars having ladders shall also be equipped With Secure hand holds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling Of long COmmodities, requir- ing more than one car, the hand brakes may be Omit- ted. On all Save One of the Cars while they are thus Combined for such purpose. (April 14, 1910, c. 160, § 2, 36 Stat. 298.) $ 8619. Safety appliances, as designated by Commission, to be standards of equipment; pen- alty for failure to comply with law; modifieation of standard height of drawbars—Within Six months from the passage Of this Act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of ap- plication of the appliances provided for by section two Of this Act and section four Of the Act of March Sec- ond, eighteen hundred and ninety-three, and shall give notice of such designation to all Common Câr- riers subject to the provisions of this Act by Such means as the commission may deem proper, and there after said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used. On all cars subject to the provisions of this Act, unless changed by an Order of said Interstate Commerce good cause shown; and failure to comply with any Such requirement of the Interstate Commerce Com- mission shall be subject to a like penalty as failure to comply with any requirement of this Act: Provid- ed., That the Interstate Commerce Commission may, upon full hearing and for good cause, extend the period within which any common carrier shall Com- ply with the provisions of this section with respect to the equipment of cars actually in service upon the date of the passage of this Act. Said commission is hereby given authority, after hearing, to modify or change, and to prescribe the standard height of draw bars and to fix the time Within which SUICh modifica- tion or change shall become effective and Obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed Or the standard so prescribed, and after the time SO fixed it shall be unlawful to use any Car Or Vehicle in interstate or foreign traffic Which does not Com- ply with the standard so prescribed by the commis- sion. (April 14, 1910, c. 160, § 3, 36 Stat. 298.) $ 8620. Jurisdiction of Interstate Commerce Commission to extend period for compliance by carrier with “Safety Appliance Acts”—The Juris- diction of the Interstate Commerce Commission to ex- tend the period within which any common carrier shall comply with the provisions of section three of the Act entitled, “An Act to supplement “An Act to promote the safety of employees and travelers upon Tailroads by compelling Common Carriers Ongaged in interstate commerce to equip their Cars with automat- ic couplers and continuous brakes and their locomo- tives with driving-wheel brakes, and for other pur- poses,’ and other safety-appliance Acts, and for other purposes,” approved April fourteenth, nineteen hun- dred and ten, shall apply to Cars actually placed in Service between the date Of the passage Of said A.Ct. and the first day of July, nineteen hundred and eleven, in the same manner and to the same extent that it applies to cars actually in service upon the date of the passage of said Act. (March 4, 1911, c. 285, § 1, 36 Stat. 1397.) $ 8621. Penalty for using car, not equipped as provided; hauling car for repairs where equip- ment beeormes defective; liability for death or injury of employé; use of chains instead of drawbars—Any common carrier Subject to this Act using, hauling, or permitting to be used or hauled On its line, any car subject to the requireménts of this ź 8622 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE Act not equipped as provided in this Act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered as provid- ed in Section six of the Act of March second, eighteen hundred alloi ninety-three, as amended April first, eighteen hundred and ninety-six: Provided, That Where any Car shall have been properly equipped, as provided in this Act and the other Acts mentioned herein, and Such equipment, shall have become defec- tive Or insecure While such car was being used by Such Carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repair- ed, Without liability for the penalties imposed by Section four Of this Act or section six of the Act of March Second, eighteen hundred and ninety-three as amended by the Act of April first, eighteen hundred and ninety-six, if such movement is necessary to make Such repairs and Such repairs can not be made eXCept at Such repair point; and such movement or hauling Of Such car shall be at the sole risk of the Carrier, and nothing in this section shall be con- Strued to relieve such carrier from liability in any remedial action for the death or injury of any rail- road employee Caused to such employee by reason of Or in Connection with the movement or hauling of such Car With equipment which is defective or insecure or Which is not maintained in accordance with the re- Quirements of this Act and the other Acts herein re- ferred to ; and nothing in this proviso shall be con- Strued to permit the hauling of defective cars by means of Chains instead of drawbars, in revenue trains Or in a SSOCiation With Other Cars that are commercial- ly used, unless such defective cars contain live stock or “perishable” freight. (April 14, 1910, c. 160, § 4, 36 Stat. 299.) $ 8622. Liability for using car with defective equipment, except as specified; act not to affect previous “Safety Appliance Acts”—Except that, within the limits specified in the preceding section of this Act, the movement of a car with defective Or in- secure equipment may be made without incurring the penalty provided by the statutes, but shall in all oth- er respects be unlawful, nothing in this Act shall be beld or construed to relieve any common carrier, the {nterstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March Second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hun- dred and ninety-six, and March second, nineteen hun- dred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and lia- bilities of said Act of March second, eighteen hun- dred , and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, shall apply to this Act. (April 14, 1910, c. 160, § 5, 36 Stat. 299.) $ 8623. Powers and duty of commission as to enforcement of act—It shall be the duty of the In- terstate Commerce Commission to enforce the provi- sions of this Act and all powers heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this Act. (April 14, 1910, c. 160, § 6, 36 Stat. 299.) $ 8624. Use of loeoxhaotive not equipped with safety ash pan—On and after the first day of Janu- ary, nineteen hundred and ten, it shall be unlawful for any COmmon carrier engaged in interstate or foreign Commerce by railroad to use any locomotive in mov- ing interstate or foreign traffic, not equipped with an ash pan, which can be dumped or emptied and clean- ed without the necessity of any employee going under #; locomotive. (May 30, 1908, c. 225, § 1, 35 Stat. 76. $ 8625. , Same; in Territories or District of Columbia—On and after the first day of January, [Page 1380] nineteen hundred and ten, it shall be unlawful for any Common carrier by railroad in any Territory of the United States or the District of Columbia to use any locomotive not equipped with an ash pan, which Can be dumped or emptied and Cleaned without the necessity Of any employee going under such locomo- tive. (May 30, 1908, c. 225, § 2, 35 Stat. 476.) $ 8626. Penalty for violation of act, and ac- tions therefor; duties of district attorneys and of Commission—Any such common carrier using any locomotive in violation of any of the provisions of this Act shall be liable to a penalty of two hundred dollars for each and every such violation, to be re- Covered in a suit or suits to be brought by the United States district attorney in the district Court Of the TJnited States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty Of the Interstate Commerce Commission to lodge with the proper district attor- neys information of any such violations as may come to its knowledge. (May 30, 1908, c. 225, § 3, 35 Stat. 476.) $ 8627. Enforcement of act by Commission— It shall be the duty of the Interstate Commerce Com- mission to enforce the provisions of this Act, and all powers heretofore granted to said Commission are hereby extended to it for the purpose of the enforce- ment of this Act. (May 30, 1908, c. 225, § 4, 35 Stat. 476.) $ 8628. Who included in term “common car- rier”—The term “common Carrier” as used in this Act shall include the receiver Or receivers Or Other persons Or Corporations charged with the duty of the management and Operation of the business of a common carrier. (May 30, 1908, c. 225, § 5, 35 Stat. 476.) $ 8629. Aet not to apply to locomotives on which ash pan not necessary–Nothing in this Act Contained shall apply to any locomotive upon which, by reason of the use of oil, electricity, or other such agency, an ash pan is not necessary. (May 30, 1908, c. 225, § 6, 35 Stat. 476.) $ 8630. Inspection of locomotive boilers and appurtenances; common carriers by railroad to whom act applies; terms “railroad” and “em- ploy’és” defined—The provisions Of this Act shall apply to any common carrier or carriers, their officers, agents, and employees, engaged in the transportation of passengers or property by railroad in the District of Columbia, or in any Territory of the United States, or from One State or Territory of the United States or the District of Columbia to any other State or Ter- ritory Of the United States or the District of Co- lumbia, or from any place in the United States to an adjacent foreign Country, or from any place in the Dnited States through a foreign country to any other place in the United States. The term “railroad” as used in this Act shall include all the roads in use by any common Carrier operating a railroad, whether Owned Or Operated under a contract, agreement, or lease, and the term “employees” as used in this Act shall be held to mean persons actually engaged in or connected with the movement of any train. (Feb. 17, 1911, c. 103, § 1, 36 Stat. 913.) $ 86.31. Same; use of locomotive, unless boil- er safe; inspection and tests—From and after the first day Of July, nineteen hundred and eleven, it shall be unlawful for any common carrier, its officers or agents, subject to this Act to use any locomotive en- gine propelled by steam power in moving interstate Or foreign traffic unless the boiler Of Said locomotive and appurtenances thereof are in proper condition and safe to Operate in the Service to Which the Same is put, that the same may be employed in the active service of such carrier in moving traffic without un- necessary peril to life or limb, and all boilers shall Ch. C) ź 8635 INTERSTATE AND FOREIGN COMMERCE [Page 13811 be inspected from time to time in accordance with the provisions of this Act, and be able to withstand such test Or tests as may be prescribed in the rules and regulations hereinafter provided for. (Feb. 17, 1911, c. 103, § 2, 36 Stat. 913.) $ 8632. Same; chief inspectors—There shall be appointed by the President, by and with the advice and consent of the Senate, a chief inspector and two assistant chief inspectors of locomotive boilers, who shall have general Superintendence Of the inspectors hereinafter provided for, direct them in the duties hereby imposed upon them, and see that the require- ments of this Act and the rules, regulations, and in- structions made or given hereunder are observed by COmmon Carriers Subject hereto. The Said Chief in- Spector and his two assistants shall be selected with reference to their practical knowledge of the construc- tion and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and main- tenance Of locomotive boilers. The Chief inspectOr shall receive a salary Of four thousand dollars per year and the assistant chief inspectors shall each receive a salary of three thousand dollars per year; and each of the three shall be paid his traveling ex- penses incurred in the performance of his duties. The Office of the chief inspector shall be in Washington, District of Columbia, and the Interstate Commerce Commission shall provide such stenographic and cler- ical help as the business of the offices of the chief inspector and his said assistants may require. (Feb. 17, 1911, c. 103, § 3, 36 Stat. 914.) $ 8633. Same; inspection districts; appoint- ment of inspectors, and assignment to districts; salaries and expenses; examinations of appli- cants; disqualifications—Immediately after his ap- pointment and qualification the chief inspector shall divide the territory comprising the several States, the Territories of New Mexico and Arizona, and the Dis- trict of Columbia into fifty locomotive boiler-inspec- tion districts, so arranged that the service of the in- spector appointed for each district shall be most effec- tive, and so that the work required of each inspector shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Com- mission fifty inspectors of locomotive boilers. Said inspectors shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Com- mission governing the classified service. The chief inspector shall assign one inspector SO appointed to each of the districts hereinbefore named. Each in- spector shall receive a Salary Of One thousand eight hundred dollars per year and his traveling expenses while engaged in the performance Of his duty. He Shall receive in addition theretO an annual allowance for Office rent, stationery, and clerical assistance, to be fixed by the Interstate Commerce Commission, but Inot to exceed in the case of any district inspector six hundred dollars per year. In order to obtain the most competent inspectors possible, it shall be the duty of the Chief inspector to prepare a list of questions to be propounded to applicants with respect to Construction, repair, Operation, testing, and inspection of 10COmotive boilers, and their practical experience in such work, which list, being approved by the Interstate Com- Imerce Commission, shall be used by the Civil Service Commission as a part of its examination. No person interested, either directly or indirectly, in any patent- ed article required to be used On any locomotive under Supervision or who is intemperate in his habits shall be eligible to hold the Office of either chief inspector Or assistant or district inspector. (Feb. 17, 1911, c. 103, § 4, 30 Stat. 914.) $ 8634. Same; inspection by carriers; rules and instructions—Each carrier subject to this Act shall file its rules and instructions for the inspection of locomotive boilers with the chief inspector within three months after the approval of this Act, and after hearing and approval by the Interstate Commerce Commission, such rules and instructions, With Such modifications as the commission requires, shall become obligatory upon such carrier: Provided, however, That if any carrier subject to this Act shall fail to file its rules and instructions the chief inspectOr Shall prepare rules and instructions not inconsistent here- With for the inspection of locomotive boilers, to be observed by such carrier; which rules and instruc- tions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the president, general manager, or general Superin- tendent of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided: Provided also, That such common carrier may from time to time change the rules and regulations herein provided for, but such change shall not take effect and the new rules and regulations be in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The Chief inspec- tor Shall also make all needful rules, regulations, and instructions not inconsistent here with for the COnduct Of his Office and for the government of the district in- spectors: Provided, however, That all such rules and instructions shall be approved by the Interstate Com- merce Commission before they take effect. (Feb. 17, 1911, c. 103; $–5, 36 Stat: 914.) - - $ 86.35. Same; duties of district inspectors; personal inspection; inspection and repairs by carriers; sworn reports by carriers; notice to carrier of condition of boiler; appeal to chief inspector and re-examination; further appeal to Commission—It shall be the duty Of each inspector to become familiar, so far as practicable, with the condition of each locomotive boiler ordinarily housed or repaired in his district, and if any locomotive is Ordinarily housed or repaired in two or more districts, then the Chief inspector or an assistant shall make Such division between inspectors as Will avoid the necessity for duplication of work. Each inspector shall make such personal inspection of the locomotive boilers under his care from time to time as may be necessary to fully carry Out the provisions of this Act, and as may be consistent with his other duties, but he shall not be required to make such inspections at stated times or at regular intervals. His first duty shall be to see that the carriers make inspections in accordance with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such in- Spections disclose before the boiler or boilers or ap- purtenances pertaining thereto are again put in Serv- ice. To this end each carrier subject to this Act shall file with the inspector in charge, under the oath of the proper officer or employé, a duplicate of the re- port Of each inspection required by Such rules and regulations, and shall also file with such inspector, under the Oath of the proper officer or employé, a re- port showing the repair of the defects disclosed by the inspection. The rules and regulations hereinbe- fore provided for shall prescribe the time at which such reports shall be made. Whenever any district inspector shall, in the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated, he shall notify the carrier in Writ- ing that the locomotive is not in serviceable condition, and thereafter such boiler shall not be used until in serviceable condition: Provided, That a carrier, when notified by an inspector in writing that a locomotive boiler is not in serviceable condition, because of de- ſects set out and described in said notice, may within five days after receiving said notice, appeal to the chief inspector by telegraph or by letter to have said boiler re-examined, and upon receipt of the appeal from the inspector's decision, the chief inspector shall assign. One of the assistant chief inspectors Or any district inspector other than the One from Whose de- 3 86.36 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE | IPage 1382] cision the appeal is taken to re-examine and inspect Said boiler within fifteen days from date of notice. If Vipon such re-examination the boiler is found in serv- iceable condition, the chief inspector shall immediate- ly notify the carrier in writing, whereupon such boiler may be put into service without further delay ; but if the re-examination of said boiler sustains the de- Cision of the district inspector, the chief inspector . shall at once notify the carrier owning or operating Such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of Such notice the carrier may, within thirty days, ap- peal to the Interstate Commerce Commission, and up- on such appeal, and after hearing, said Commission Shall have power to revise, modify, or set aside such action of the chief inspector and declare that said locomotive is in serviceable condition and authorize the same to be operated: Provided further, That pending either appeal the requirements of the inspec- tor Shall be effective. Stat. 915.) - $ 8636. Same; annual report of chief inspec- tor—The chief inspector shall make an annual report to the Interstate Commerce Commission of the work dOne during the year, and shall make Such recom- mendations for the betterment of the service as he may desire. (Feb. 17, 1911, c. 103, § 7, 36 Stat. 916.) $ 8637. (1) Same; report by carrier to chief inspector as to accident; investigation and report thereupon—In the case of accident resulting from failure from any cause of a locomotive boiler Or its appurtenances, resulting in serious injury or death to One Or more persons, a Statement forth With must be made in writing of the fact of such accident, by the carrier Owning or Operating said 10COmotive, to the chief inspector. Whereupon the facts concerning such accident shall be investigated by the Chief inspec- tor or one of his assistants, or such inspector as the chief inspector may designate for that purpose. And where the locomotive is disabled to the extent that it can not be run by its own steam, the part or parts affected by the said accident shall be preserved by said Carrier intact, so far as possible, without hin- drange or interference to traffic until after said inspec- tion. The Chief inspector Or an assistant Or the des- ignated inspector making the investigation Shall eX- amine or cause to be examined thoroughly the boiler or part affected, making full and detailed report Of the cause of the accident to the chief inspector. (2) Reports by Commission of investigations —The Interstate COmmerce COImmission may at any time call upon the chief inspector for a report of any accident embraced in this section, and upon the re- ceipt of said report, if it deems it to the public in- terest, make reports of such investigations, stating the cause of accident, together with such recommenda- tions as it deems proper. Such reports shall be made public in Such manner as the COmniSSion deems prop- er. Neither said report nor any report of Said in- vestigation nor any part thereof shall be admitted as evidence or used for any purpose in any suit or a C- tion for damages growing out of any matter men- tioned in said report or investigation. (Feb. 17, 1911, c. 103, § 8, 36 Stat. 916.) $ 8638. Same; penalty for violation by car- rier of act, or of rule, regulation under its pro- visions, or order; duty of district attorney to sue therefor; chief inspector to give ixaforimation— Any common carrier violating this Act Or any rule or regulation made under its provisions or any law- ful order of any inspector shall be liable to a penalty Of One hundred dollars for each and every Such ViOla- tion, ſo be recovered in a suit or suits to be brought by the United States attorney in the district court Of the United States having jurisdiction in the lo- cality where such violation shall have been commit- ted ; and it shall be the duty of such attorneys, sub- (Feb. 17, 1911, c. 103, § 6, 36 ject to the direction of the Attorney-General, to bring such suits upon duly verified information being lodg- ed with them, respectively, of such violations having Occurred; and it shall be the duty of the chief in- Spector of locomotive boilers to give information to the proper United States attorney of all violations Of this Act coming to his knowledge. (Feb. 17, 1911, c. 103, § 9, 36 Stat. 916.) $ 8539. Same; appropriations to carry out provisions—The total amounts directly appropriated to Carry Out the provisions of this Act shall not ex- Ceed for any One fiscal year the Sum Of three hundred thousand dollars. (Feb. 17, 1911, c. 103, § 10, 36 Stat. 916.) . $ 8639a, Same; prohibition against use of lo- comotive, unless boiler safe, to apply to entire locomotive and tender—Section two of the Act en- titled “An Act to promote the safety of employees and travelers upon railroads by compelling common Carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto,” approved February seven- teenth, nineteen hundred and eleven, shall apply to and include the entire locomotive and tender and all parts and appurtenances thereof. (March 4, 1915, c. 169, § 1, 38 Stat. 1192.) $ 8639 b. Same; powers and duties of inspec- tors, and provisions of act, to apply to all parts of locomotive and tender; examinations of in- spectors—The chief inspector and the two assistant Chief inspectors, together with all the district inspec- tors, appointed under the Act of February Seven- teenth, nineteen hundred and eleven, shall inspect and shall have the same powers and duties with re- spect to all the parts and appurtenances of the 10- Comotive and tender that they now have With re- spect to the boiler of a locomotive and the appurte- nances thereof, and the said Act of February seven- teenth, nineteen hundred and eleven, shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it now applies to 10COmotive boilers and their appurtenances. That upon the passage of this Act all inspectors and applicants for the position of inspector shall be ex- amined touching their qualifications and fitness with respect to the additional duties imposed by this Act. (March 4, 1915, c. 169, § 2, 38 Stat. 1192.) $ 8639 c. Same; act not to affect any other act than Act Feb. 17, 1911, c. 103—Nothing in this Act shall be held to alter, amend, change, repeal, Or modify any other Act of Congress than the said Act Of February seventeenth, nineteen hundred and eleven, to which reference is herein specifically made, or any Order of the Interstate Commerce Commission promul- gated under the safety appliance Act of March Sec- ond, eighteen hundred and ninety-three, and supple- mental Acts. (March 4, 1915, c. 169, § 3, 38 Stat. 1192.) - - $ 86396. Same; time of taking effect of act— This Act shall take effect six months after its pas- sage, except as otherwise herein provided. (March 4, 1915, c. 169, § 4, 38 Stat. 1192.) $ 8640. Investigation and report by Commis- sion; block signal systems and appliances for all- tomatie control of trains; powers of Commission . as to evidence—That the Interstate Commerce Com- mission be, and it is hereby, directed to investigate and report on the use of and necessity for block Sig- nal systems and appliances for the automatic control of railway trains in the United States. For this pur- pose the Commission is authorized to employ persons who are familiar with the subject, and may use Such of its own employees as are necessary to make a thor- Ough examination into the matter. - In transmitting its report to the Congress the Com- mission shall recommend such legislation as to the Commission seems advisable. * To carry out and give effect to the provisions Of this resolution the Commission shall have power to Ch. D.) 4 8651 INTERSTATE AND FOREIGN COMMERCE [Page 13831 issue subpoenºls, administer oaths, examine Witnesses, require the production of books and paperS, and re- ceive depositions taken before any proper Officer in any State or Territory of the United States. (June 30, 1906, No. 46, 34 Stat. 838.) $ 8641. Investigation and testing by Commis- sion of appliances or systems to promiote safety —Hereafter the Interstate Commerce COmmission shall be, and is, hereby authorized, at its discretion, to investigate, test experimentally, and report On the use and need of any appliances Or Systems intended to promote the safety of railway operation which may be furnished in completed shape to such Commis- Sion for Such investigation and test entirely free Of cost to the Government. For this purpose the Com- mission is authorized to employ persons familiar with the Subject to be investigated and tested, and may also make use of its regular employees for Such pur- poses. (May 27, 1908, c. 200, § 1, 35 Stat. 325.) $ 8642. Monthly reports of accidents by rail- roads—It shall be the duty of the general manager, superintendent, or other proper officer of every Com- mon carrier engaged in interstate or foreign COIm- merce by railroad to make to the Interstate Com- merce Commission, at its Office in Washington, District of Columbia, a monthly report, under Oath, Of all Col- lisions, derailments, OrTOther accidents resulting in injury to persons, equipment, or roadbed arising from the operation of such railroad under such rules and regulations as may be prescribed by the said com- mission, which report shall state the nature and Callses thereof and the Circulmstances COnnected there- with: Provided, That hereafter all said carriers shall be relieved from the duty of reporting accidents in their annual financial and Operating reports made to the Commission. (May 6, 1910, c. 208, § 1, 36 Stat. 350.) $ 8643. Same; failure to make report—Any common carrier failing to make such report within thirty days after the end of any month shall be deem- ed guilty Of a misdemeanor, and upon COnviction thereof by a Court Of competent jurisdiction shall be punished by a fine of not more than one hundred dol- lars for each and every Offense and for every day during which it shall fail to make such report after the time herein Specified for making the Salme. (May 6, 1910, c. 208, § 2, 36 Stat. 350.) $ 8644. Investigation by Commission of ac- cidents; powers and proceedings; co-operation with State Comrmissions; reports—The InterState Commerce Commission shall have authority to in- vestigate all COIlisions, derailments, or Other a CCi- dents resulting in Serious injury to person Or to the property Of a railroad OCCurring on the line Of any COmmon carrier engaged in interstate Or foreign commerce by railroad. The commuission, or any im- partial investigator thereunto authorized by said colm- mission, shall have authority to investigate such Col- lisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose may subpoena witnesses, admin- ister Oaths, take testimony, and require the produc- tion of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said carriers with all reasonable facilities: Provided, That when such accident is investigated by a commis- Sion of the State in which it occurred, the Interstate Commerce Commission shall, if Convenient, make any investigation it may have previously determined up- On, at the same time as, and in Connection with, the State COmmission investigation. Said Commission shall, when it deems it to the public interest, make reports of such investigations, stating the cause of a CGident, together with Such recommendations as it deems proper. Such reports shall be made public in Such manner as the cofmmission deems proper. (May 6, 1910, c. 208, § 3, 36 Stat. 351.) $ 8645. Same; reports not evidence in suits for damages—Neither said report nor any report of Said investigation nor any part thereof shall be ad- mitted as evidence or used for any purpose in any Suit or action for damages growing out of any mat- ter mentioned in said report or investigation. (May 6, 1910, c. 208, § 4, 36 Stat. 351.) $ 8646. Same; form of reports—The Interstate Commerce Commission is authorized to prescribe for Such COmmon carriers a method and form for making the reports hereinbefore provided. (May 6, 1910, c. 208, § 5, 36 Stat. 351.) $ 8647. Terms “interstate commerce” and “foreign commerce,” defined—The term “interstate Commerce,” as used in this Act, shall include trans- portation from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the term “foreign Com- merce,” as used in this Act, shall include transporta- tion from any State or Territory or the District of Columbia to any foreign country and from any for- eign country to any State or Territory or the District of Columbia. (May 6, 1910, c. 208, § 7, 36 Stat. 351.) $ 8648. Medals of honor for persons saving lives on railroads—That the President of the United States be, and he is hereby, authorized to cause to be prepared bronze medals of honor, with- suitable - emblematic devices, which shall be bestowed upon any persons who shall hereafter, by extreme daring, endanger their own lives in saving, or endeavoring to Save, lives from any wreck, disaster, or grave acci- dent, or in preventing or endeavoring to prevent such Wreck, disaster, Or grave accident, upon any railroad Within the United States engaged in interstate com- merce: Provided, That no award Of Said medal shall be made to any person until sufficient evidence of his deserving shall have been furnished and placed on file, under such regulations as may be prescribed by the President of the United States. (Feb. 23, 1905, c. 744, § 1, 33 Stat. 743.) $ 8649. Same; rosettes issued to persons to whom medals awarded—That the President of the United States be, and he is hereby, authorized to is- Sue to any person to whom a medal of honor may be awarded under the provisions Of this Act a rosette Or knot, to be worn in lieu of the medal, and a ribbon to be worn with the medal; Said rosette Or knot and ribbon to be each of a pattern to be prescribed by the President of the United States: Provided, That whenever a ribbon issued under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use Without ſault or neglect on the part of the person to whom it was issued, a new ribbon shall be issued to such person without charge therefor. (Feb. 23, 1905, c. 744, § 2, 33 Stat. 743.) $ 8650. Same; appropriations available—The appropriations for the enforcement and execution of the provisions of the Acts to promote the safety of employees and travelers upon railroads are hereby made available for carrying out the provisions of this Act. (Feb. 23, 1905, c. 744, § 3, 33 Stat. 743.) Chapter D–Care of Animals in Transit Sec. 8651. Transportation of animals; time of confinement in cars, boats, or vessels; unloading for rest, water, and feed- ing; unloading sheep. 8652. Animals unloaded to be fed and watered by or at ex- pense of owner; lien. 8653. Penalty for failure to comply with law; when provi- sions for unloading not to apply. 8654. Penalty recoverable by civil action; duty of district at- torneys to prosecute. 8655. Rules as to accommodations for export cattle. 8656. Violation of rules; penalty. $ 8651. Transportation of animals; time of confinement in cars, boats, or vessels; unloading for rest, water, and feeding; unloading sheep- No railroad, express company, car company, common carrier other than by water, or the receiver, trustee, ź 8652 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1384] Or lessee of any of them, whose road forms any part Of a line of road over which cattle, sheep, Swine, or Other animals shall be conveyed from one State or Territory or the District of Columbia into or through another State or Territory or the District of Colum- ibia, Or the owners or masters of steam, sailing, or Other vessels’ carrying or transporting cattle, sheep, Swine, or other animals from One State or Territory Or the District of Columbia into or through another State or Territory or the District. of Columbia, shall Confine the same in cars, boats, or vessels of any de- scription for a period longer than twenty-eight con- secutive hours without unloading the same in a hu- mane manner, into properly equipped pens for rest, Water, and feeding, for a period of at least five Con- Secutive hours, unless prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight: Provided, That upon the written re- quest of the owner or person in Custody of that par- ticular shipment, which written request shall be sepa- rate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six hours. In estimating such con- finement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this Act to prohibit their con- tinuous Confinement beyond the period of twenty- eight hours, except upon the contingencies hereinbe- fore stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in the nighttime in case of sheep the Same may continue in transit to a suitable place for unloading, Subject to the aforesaid limitation of thir- ty-six hours. (June 29, 1906, c. 3594, § 1, 34 Stat. 607.) § 8652. Animals unloaded to be fed and wa- £ered by or at expense of owner; lien—Animals SO unloaded shall be properly fed and watered during Such rest either by the Owner or person having the Custody thereof, or in case of his default in so doing, then by the railroad, express company, car company, Common carrier other than by water, or the receiver, trustee, or lessee of any of them, or by the owners Or masters of boats or vessels transporting the same, at the reasonable expense of the Owner or person in custody thereof, and such railroad, express Com- pany, Car Company, Common carrier other than by wa- ter, receiver, trustee, or lessee of any of them, own- ers or masters, shall in such case have a lien upon such animals for food, care, and custody furnished, col- lectible at their destination in the same manner as the transportation charges are Collected, and shall not be liable for any detention of such animals, when such detention is of reasonable duration, to enable Com- pliance with section one of this Act ; but nothing in this section shall be Construed to prevent the Own- er or shipper of animals from furnishing food there- for, if he so desires. (June 29, 1906, c. 3594, § 2, 34 Stat. 608.) § 8653. Penalty for failure to comply with law; when provisions for unloading not to apply —Any railroad, express company, Car Company, Com- mon carrier other than by water, or the receiver, trus- tee, or lessee of any of them, or the master or owner of any steam, sailing, or other vessel who knowingly and willfully fails to comply with the provisions of the two preceding sections shall for every such failure be liable for and forfeit and pay a penalty of not less than One hundred nor more than five hundred dollars: Provided, That when animals are carried in Cars, boats, or other vessels in which they can and do have proper food, Water, space, and opportunity to rest the provisions in regard to their being unloaded shall not apply. (June 29, 1906, c. 3594, § 3, 34 Stat. 608.) $ 8654. Penalty recoverable by civil action; duty of district attorneys to prosecute—The pen- alty Created by the preceding section shall be recov- ered by civil action in the name of the United States | in the circuit or district court holden within the dis- trict where the violation may have been committed or the person or corporation resides or carries on busi- neSS ; and it shall be the duty of United States attor- neys to prosecute all violations of this Act reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means. (June 29, 1906, c. 3594, § 4, 34 Stat. 608.) $ 8655. Rules as to accommodations for ex- port cattle—The Secretary of Agriculture is hereby authorized to examine all vessels which are to carry export cattle from the ports of the United States to foreign countries, and to prescribe by rules and regu- lations or orders the accommodations which said ves- Sels shall provide for export cattle, as to space, venti- lation, fittings, food and water supply and such other requirements as he may decide to be necessary for the safe and proper transportation and humane treat- ment of such animals. (March 3, 1891, c. 521, § 1, 26 Stat. 833.) $ 8656. Violation of rules; penalty—Whenever the Owner, owners, or master of any vessel carrying export cattle shall willfully violate or cause or permit to be violated any rule, regulation or order made pur- Suant to the foregoing section the vessel in respect of which such violation shall occur may be prohibited from again carrying cattle from any port of the Unit- ed States for such length of time, not exceeding one year, as the Secretary of Agriculture may direct, and such vessel shall be refused clearance from any port of the United States accordingly. (March 3, 1891, c. 521, § 2, 26 Stat. 833.) Chapter E–Liability for Injuries to Employés Sec. 8657. Liability of common carriers by railroad in interstate or foreign commerce, for injuries to employés from negligence. 8658. Same; carriers in Territories or other possessions of |United States. 8659. Contributory negligence; diminution of damages. 8660. Assumption of risks. 8661. Contract and regulation exempting from liability; set- Off. 8662. Actions; limitation; concurrent jurisdiction of courts; removal of case in State court. - 8663. Who included in term “common carrier.’’ 8664. Duty of liability of common carriers and rights of em. ployés under other acts not impaired. - 8665. Survival of right of action of person injured. $ 8657. Liability of common carriers by rail- road, in interstate or foreign commerce, for in- juries to enmployés from negligence–EVery COm- mon carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, Or between the District of Columbia and any of the States Or Territories, or between the District of Columbia or any of the States or Territories and any foreign na- tion or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, Or, in Case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of Such employee; and, if none, then of such employee's parents; and, if none, then Of the next of kin dependent upon Such employee, for such injury or death resulting in whole or in part from the negligence of any of the Officers, agents, or em- ployees of such carrier, or by reason of any defect Or insufficiency, due to its negligence, in its cars, en- gines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. (April 22, 1908, c. 149, § 1, 35 Stat. 65.) $ 8658. Same; carriers in Territories or oth- er possessions of United States—Every common carrier by railroad in the Territories, the District of Columbia, the Panama Canal Zone, or other posses- sions of the United States shall be liable in damages to any person suffering injury while he is employed by such carrier in any of said jurisdictions, or, in Ch. F) # 8666 (2) INTERSTATE AND FOREIGN COMMERCE IPage 1385] case of the death of such employee, to his Or her per- sonal representative, for the benefit of the Surviving widow or husband and children of Such employee : and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon Such employee, for such injury or death resulting in whole or in part from the negligence of any of the Officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, road- bed, works, boats, wharves, or other equipment. (April 22, 1908, c. 149, § 2, 35 Stat. 65.) § 8659. Contributory negligence; diminu- tion of damages—In all actions hereafter brought against any such common carrier by railroad under Or by virtue of any of the provisions of this Act to re- cover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty Of COn- tributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in propor- tion to the amount of negligence attributable to Such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the vio- lation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. (April 22, 1908, c. 149, § 3, 35 Stat. 66.) $ 8660. Assumption of risks—In any action brought against any common carrier under or by Vir- tue of any of the provisions Of this Act to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any Case where the Violation by Such Common Carrier Of any statute enacted for the safety of employees Contrib- uted to the injury or death of such employee. (April 22, 1908, c. 149, § 4, 35 Stat. 66.) $ 8661. Contract and regulation exempting from liability; set-off—Any COntract, rule, regula- tion, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to ex- empt itself from any liability created by this Act, shall to that extent be void: Provided, That in any action brought against any such common Carrier under or by virtue of any of the provisions of this Act, such com- mon Carrier may set Off therein any Sum it has Con- tributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto On account Of the injury or death for which said action was brought. (April 22, 1908, c. 149, § 5, 35 Stat. 66.) $ 8662. Actions; limitation; concurrent ju- risdiction of courts; removal of case in State court—NO action shall be maintained Under this Act unless commenced within two years from the day the Cause of action accrued. TJnder this Act an action may be brought in a [cir- cuit court] of the United States, in the district of the residence of the defendant, or in which the cause Of action arose, Or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this Act Shall be COn Current with that Of the courts of the several States, and no case arising under this Act and brought in any state Court of competent jurisdiction shall be removed to any court of the Unit- ed States. (April 22, 1908, c. 149, § 6, 35 Stat. 66, amended, April 5, 1910, c. 143, § 1, 36 Stat. 291.) 10." in brackets superseded by §§ 1266–1268. And see § $ 8663. Who included in term “common car- rier”—The term “Common carrier” as used in this Act, Shall include the receiver Or receivers Or Other persons or corporations charged with the duty of the management and Operation of the business of a com- mon carrier. (April 22, 1908, c. 149, § 7, 35 Stat. 66.) § 8664. Duty or liability of common earriers and rights of employés under other acts mot im- paired—Nothing in this Act shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other Act Or Acts of Congress, or to affect the prosecution of any pending proceeding or right of action under the Act of Congress entitled “An Act relating to liability Of common carriers in the District of Columbia and Territories, and to common carriers engaged in Com- merce between the States and between the States and foreign nations to their employees,” approved June eleventh, nineteen hundred and six. (April 22, 1908, c. 149, § 8, 35 Stat. 66.) $ 8665. Survival of right of action of person. injured—Any right of action given by this Act to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviv- ing widow or husband and children of such employee, and, if none, then of such employee’s parents; and, if none, then Of the next of kin dependent upon Such employee, but in such cases there shall be Only One recovery for the same injury. (April 22, 1908, c. 149, § 9, added, April 5, 1910, c. 143, § 2, 36 Stat. 291.) Chapter F-Arbitration between Car- Sec. riers and Employés 8666. (1) Arbitration of controversies with railway employés; carriers affectod; shipping excluded. (2) “Railroad” and ‘‘transportation” construed. (3) Employés affected; street railroads excluded; lia- bility of carriers of leased cars. (4) Terms used. 8667. (1) Submission of controversies to Board of Mediation and Conciliation; submission to arbitration. (2) Proffer of services by Board in urgent cases. (3) Opinions of Board as to meaning of agreement reached through mediation. 8668. Submission of controversy to board of arbitrators; se- lection of members. 8669. Agreement; time for hearings; award; action by dis- trict court; subsequent rulings as to award. 8670. Same; authority of arbitrators. 8671. (1) Same; acknowledgment and filing of agreement. (2) Notification to arbitrators. (3) Notice to Board of Mediation and Conciliation. (4) Reconvention of board of arbitration. 8672. (1) Same; organization of board of arbitrators; pro- ceedings; awards; transmission of papers; copy of award for Board of Mediation and Conciliation. (2) Papers in former cases. 8673. (1) Same; When award becomes operative. (2) Appeal to circuit court of appeals. (3) Same; finality of judgment. (4) Judgment on exception to award; agreement. (5) Compulsory labor not permitted. 8674. Rights of employés under Federal court receivers; re- striction on reducing Wages. 8675. Pay of arbitrators. 8676. (1) Commissioner of Mediation and Concil ration; ap- pointment; salary; term of office; removal; United States Board of Mediation and Concillation; How constituted. (2) Assistant commissioner; ers and duties. (3) Repeal of previous act. $ 8666. (1) Arbitration of controversies with railway employés; carriers affected; shippiaag excluded—The provisions of this Act Shall apply to any common carrier or carriers and their Officers, agents, and employees, except masters Of Vessels and seamen, as defined in section forty-six hundred and twelve, Revised Statutes of the United States, en- gaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, for a continuous carriage or shipment from One State or Territory of the United States Or the District of Columbia to any other State or Territory Of the United States Or the District of Columbia, Or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. See § 8392. (2) “Railroad” and “transportation” con- strued—The term “railroad” as used in this Act shall include all bridges and ferries used or Operated in connection with any railroad, and also all the road judgment by appointment; salary; pow- $ 8666(3) (TIt. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1386] - in use by any corporation operating a railroad, wheth- er owned or Operated under a contract, agreement, or lease; and the term “transportation” shall include all instrumentalities of shipment or carriage. (3) Employés affected; street railroads exclud- ed; liability of carriers of leased cars–The term “employees” as used in this Act shall include all persons actually engaged in any capacity in train Operation or train Service of any description, and not- withstanding that the cars upon Or in which they are employed may be held and Operated by the Carrier under lease or other contract: Provided, how- ever, That this Act shall not be held to apply to em- ployees of street railroads and shall apply Only to employees engaged in railroad train service. In every such case the carrier shall be responsible for the acts and defaults of Such employees in the same manner and to the same extent as if said cars were Owned by it and said employees directly employed by it, and any provisions to the contrary of any such lease Or other Contract shall be binding Only as between the parties thereto and shall not affect the Obliga- tions of said carrier either to the public or to the private parties concerned. (4) Terms used—A common carrier. Subject to the provisions of this Act is hereinafter referred to as an “employer,” and the employees Of One Or more Of Such Carriers are hereinafter referred to as “em- ployees.” (July 15, 1913, c. 6, § 1, 38 Stat. 103.) § 8667. (1) Submission of controversies to Board of Mediation and Conciliation; submis- sion to arbitration—Whenever a controversy con- Cerning wages, hours Of labor, Or Conditions Of em- ployment shall arise between an employer or employ- ers and employees subject to this Act interrupting or threatening to interrupt the business of said em- ployer or employers to the serious detriment of the public interest, either party to such controversy may apply to the Board of Mediation and Conciliation Created by this Act and invoke its services for the purpose of bringing about an amicable adjustment of the Controversy; and upon the request of either party the said board shall, with all practicable expedition put itself in communication with the parties to such controversy and shall use its best efforts, by media- tion and conciliation, to bring them to an agreement; and if such efforts to bring about an amicable ad- justment through mediation and Conciliation shall be unsuccessful, the said board shall at Once endeavor to induce the parties to submit their controversy to arbitration in accordance with the proVisions Of this Act. * (2) Proffer of services by Board in urgent cases—In any case in which an interruption of traffic is imminent and fraught with serious detriment to the public interest, the Board of Mediation and Con- ciliation may, if in its judgment such action seem desirable, proffer its services to the respective par- ties to the Controversy. (3) Opinions of Board as to meaning of agree- ment reached through mediation—In any case in which a controversy arises over the meaning or the application of any agreement reached through media- tion under the provisions of this Act either party to the said agreement may apply to the Board of Media- tion and Conciliation for an expression of opinion from such board as to the meaning or application of such agreement and the said board shall upon receipt Of such request give its Opinion as soon as may be practicable. (July 15, 1913, c. 6, § 2, 38 Stat. 104.) $ 8668. Submission of controversy to board of arbitrators; selection of members—Whenever a controversy shall arise between an employer or em- ployers and employees subject to this Act, which can not be settled through mediation and conciliation in the manner provided in the preceding section, such COntroversy may be submitted to the arbitration of a board of six, or, if the parties to the controversy pre- fer so to stipulate, to a board of three persons, which board shall be chosen in the following manner: In th case of a board of three, the employer or employers and the employees, parties respectively to the agree- ment to arbitrate, shall each name One arbitrator; and the two arbitrators thus chosen shall select the third arbitrator; but in the event of their failure to name the third arbitrator Within five days after their first meet- ing, such third arbitrator shall be named by the Board of Mediation and Conciliation. In the case Of a board of six, the employer or employers and the employees, parties respectively to the agreement to arbitrate, shall each name two arbitrators, and the four arbitrators thus chosen shall, by a majority vote, Select the remaining two arbitrators; but in the event of their failure to name the two arbitrators Within fifteen days after their first meeting the said two arbitrators, Or as many Of them as have not been named, shall be named by the Board of Media- tion and Conciliation. In the event that the employees engaged in any given controversy are not members of a labor Organi- zation, such employees may select a' Committee which shall have the right to name the arbitrator, or the arbitrators, who are to be named by the employees as provided above in this section. (July 15, 1913, c. 6, § 3, 38 Stat. 104.) $ 8669. Agreement; time for hearings; award; action by district court; subsequent rulings, as to award—The agreement to arbitrate— First. Shall be in writing; Second. Shall stipulate that the arbitration is had Under the provisions Of this Act ; Third. Shall State whether the board Of arbitra- tion is to consist Of three Or Six members : Fourth. Shall be signed by duly accredited repre- Sentatives Of the employer Or elmployers and Of the employees; Fifth. Shall state specifically the questions to be Submitted to the said board for decision; Sixth. Shall stipulate that a majority of Said board shall be competent to make a Valid and binding a Ward; Seventh. Shall fix a period from the date of the appointment of the arbitrator Or arbitrators neces- Sary to Complete the board, as provided for in the agreement, within which the said board shall Com- mence its hearings; Eighth. Shall fix a period from the beginning of the hearings within which the said board shall make and file its award: Provided, That this period shall be thirty days unless a different period be agreed to ; Ninth. Shall provide for the date from which the award shall become effective and shall fix the period during which the said award shall continue in force; Tenth. Shall provide that the respective parties to the award will each faithfully execute the same ; Eleventh. Shall provide that the award and the papers and proceedings, including the testimony re- lating thereto, certified under the hands of the arbi- trators, and which shall have the force and effect of a bill of exceptions, shall be filed in the clerk’s Of- fice Of the district Court Of the United States for the district wherein the controversy arises or the ar- bitration is entered into, and Shall be final and Con- Clusive upon the parties to the agreement unless set aside for error of law apparent on the record; Twelfth. May also provide that any difference aris- ing as to the meaning or the application of the pro- Visions Of an award made by a board of arbitration Shall be referred back to the Same board Or to a Sub- committee of such board for a ruling, which ruling shall have the same force and effect as the original award; and if any member of the original board is unable or unwilling to serve another arbitrator shall be named in the same manner as such original mem- ber was named. (July 15, 1913, c. 6, § 4, 38 Stat. 105.) § 8670. Same; authority of arbitrators—For the purposes of this Act the arbitrators herein pro- Ch. F) ź 8673 (5) INTERSTATE AND FOREIGN COMMERCE [Page 1387I vided for, or either of them, shall have power to administer Oaths and affirmations, sign Subpoenas, re- Quire the attendance and testimony of Witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just deter- mination of the matters under investigation as may be ordered by the court; and may invoke the aid of the United States Courts to compel witnesses to at- tend and testify and to produce such books, papers, contracts, agreements, and documents to the same extent and under the same Conditions and penalties as is provided for in the Act to regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, and the amendments thereto. (July 15, 1913, c. 6, § 5, 38 Stat. 106.) See §§ 8576–8580. $ 8671. (1) Same; aeknowledgment and fil- ing of agreement—Every agreement of arbitration under this Act shall be acknowledged by the parties thereto before a notary public or a clerk of the dis- trict or the circuit court of appeals of the United States, or before a member of the Board Of Mediation and Conciliation, the members of which are hereby authorized to take such acknowledgments ; and when so acknowledged shall be delivered to a member of Said board Or transmitted to Said board to be filed in its Office. (2) Notification to arbitrators—When Such agreement of arbitration has been filed with the said board, or one of its members, and when the said board, or a member thereof, has been furnished the names of the arbitrators chosen by the respective parties to the controversy, the board, or a member thereof, shall cause a notice in writing to be served upon the said arbitrators, notifying them of their appointment, requesting them to meet promptly to name the remaining arbitrator or arbitrators neces- Sary to Complete the board, and advising them of the period within which, as provided in the agree- ment Of arbitration, they are empowered to name Such arbitrator Or arbitrators. (3) Notice to Board of Mediation and Concilia- tion—When the arbitrators selected by the respec- tive parties have agreed upon the remaining arbitra- tor or arbitrators, they shall notify the Board of Mediation and Conciliation ; and in the event Of their failure to agree upon any Or upon all Of the necessary arbitrators within the period fixed by this Act they shall, at the expiration of such period, noti- fy the Board of Mediation and Conciliation of the arbitrators selected, if any, or of their failure to make Or to Complete Such Selection. (4) Reconvention of board of arbitration—Uf the parties to an arbitration desire the reconvening of a board to pass upon any controversy arising over the meaning Or application of an award, they shall jointly so notify the Board of Mediation and Con- ciliation, and shall state in such written notice the Question or questions to be submitted to such recon- vened board. The Board Of Mediation and Concilia- tion shall thereupon promptly communicate with the members of the board of arbitration Or a Subcom- mittee of such board appointed for such purpose pur- Suant to the provisions of the agreement of arbitra- tion, and arrange for the reconvening of said board Or subcommittee, and shall notify the respective par- ties to the controversy of the time and place at which the board will meet for hearings upon the matters in controversy to be submitted to it. (July 15, 1913, c. 6, § 6, 38 Stat. 106.) $ 8672. (1) Same; organization of board of ar- bitrators; proceedings; awards; transmission of papers; copy of award for Board of Mediation and Conciliation—The board of arbitration shall organize and select its own chairman and make all necessary rules for Conducting its hearings; but in its award or awards the said board shall confine itself to findings Or recommendations as to the questions Specifically Submitted to it or màtters directly bearing thereon. All testimony before said board shall be given under Oath Or affirmation, and any member of the board of arbitration shall have the power to administer oaths Or affirmations. It may employ such assistants as may be necessary in carrying on its work. It shall, Whenever practicable, be supplied with Suitable quar- ters in any Federal building located at its place of meeting Or at any place where the board may adjourn for its deliberations. The board of arbitration shall furnish a certified copy of its awards to the respective parties to the controversy, and shall transmit the orig- inal, together with the papers and proceedings and a transcript of the testimony taken at the hearings, cer- tified under the hands of the arbitrators, to the clerk Of the district court of the United States for the dis- trict wherein the controversy arose or the arbitra- tion is entered into, to be filed in said clerk’s Office as provided in paragraph eleven of section four of this Act. And Said board shall also furnish a certified COpy of its award, and the papers and proceedings, including the testimony relating thereto, to the Board #. Mediation and Conciliation, to be filed in its of— Cé. (2) Papers in former cases—The United States Commerce Court, the Interstate Commerce Commis- Sion, and the Bureau of Labor Statistics are hereby authorized to turn over to the Board of Mediation and Conciliation upon its request any papers and docu- ments heretofore filed with them and bearing upon me- diation Or arbitration proceedings held under the pro- Visions of the Act approved June first, eighteen hun- dred and ninety-eight, providing for mediation and ar- bitration. (July 15, 1913, c. 6, § 7, 38 Stat. 106.) $ 8673. (1) Same; when award becomes oper- ative—The award, being filed in the clerk’s office of a district Court of the United States as hereinbefore provided, shall go into practical Operation, and judg- ment shall be entered thereon accordingly at the ex- piration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent upon the record, in which Case said award shall go into practical Operation, and judgment be entered accordingly, when such excep- tions shall have been finally disposed of either by Said district Court Or on appeal therefrom. (2) Appeal to circuit court of appeals—At the expiration of ten days from the decision of the district Court upon exceptions taken to said award as afore- Said judgment shall be entered in accordance With said decision, unless during Said ten days either party shall appeal therefrom to the circuit court of appeals. In such case Only such portion. Of the record shall be transmitted to the appellate GOurt as is necessary to the proper understanding and consideration of the Questions of law presented by said exceptions and to be decided. (3) Same, finality of judgment—The determina. tion of Said circuit Court Of appeals upon Said ques- tions shall be final, and, being Certified by the clerk thereof to Said district Court, judgment pursuant thereto shall thereupon be entered by said district COUIrt. (4) Judgment on exception to award; judg- ment by agreement—If exceptions to an award are finally sustained, judgment shall be entered setting aside the award in whole or in part; but in such case the parties may agree upon a judgment to be en- tered disposing of the subject matter of the contro- versy, which judgment when entered shall have the same force and effect as judgment entered upon an award. (5) Compulsory labor not permitted—Nothing in this Act contained shall be construed to require an employee to render personal service without his con-. # 8674 (Tit. 56A INTERSTATE AND FOREIGN COMMERCE [Page 1388] sent, and no injunction or other legal process shall be issued which shall compel the performance by any employee against his Will Of a COntract for perSOnal labor or service. (July 15, 1913, c. 6, § 8, 38 Stat. 107.) $ 8674. Rights of employés under Federal court receivers; restriction on reducing wages— Whenever receivers appointed by a Federal court are in the possession and control Of the business of em- ployers covered by this Act the employees of such employers shall have the right to be heard through their representatives in such court upon all questions affecting the terms and conditions of their employ- ment; and no reduction of wages shall be made by Such receivers without the authority of the Court therefor, after notice to such employees, said notice to be given not less than twenty days before the hear- ing upon the receivers’ petition or application, and to be posted upon all customary bulletin boards along Or upon the railway Or in the Customary places On the premises of other employers covered by this Act. (July 15, 1913, c. 6, § 9, 38 Stat. 107.) $ 8675. Pay of arbitrators—Each member of the board of arbitration created under the provisions of this Act shall receive Such Compensation as may be fixed by the Board of Mediation and Conciliation, to- gether With his traveling and other necessary ex- penses. (July 15, 1913, c. 6, § 10, 38 Stat. 108.) $ 8676. (1) Commissioner of Mediation and Conciliation; appointment; salary; term of of- fice; removal; United States Board of Mediation and Coxaciliation; how constituted—There shall be a Commissioner of Mediation and Conciliation, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose salary shall be $7,500 per annum, who shall hold his office for a term Of Seven years and until a successor quali- fies, and who shall be removable by the President Only for misconduct in Office. The President shall also designate not more than two other officials of the GOvernment who have been appointed by and with the advice and Consent of the Senate, and the officials thus designated, together with the Commissioner of Media- tion and Conciliation, shall constitute a board to be known as the United States Board Of Mediation and Conciliation. - (2) Assistant Commissioner; appointment; salary; powers and duties—There shall also be an Assistant Commissioner of Mediation and Concilia- tion, who shall be appointed by the President, by and With the advice and consent of the Senate, and whose Salary shall be $5,000 per annum. In the absence of the Commissioner of Mediation and Conciliation, or when that office shall become vacant, the assistant commissioner shall exercise the functions and perform the duties Of that Office. Under the direction of the Commissioner of Mediation and Conciliation, the as- sistant Commissioner shall assist in the work of me- diation and Conciliation and when acting alone in any case he shall have the right to take acknowledg- ments, receive agreements of arbitration, and cause the notices in writing to be served upon the arbitra- tors chosen by the respective parties to the controver- sy, as provided for in section five of this Act. (3) Repeal of previous act—The Act of June first, eighteen hundred and ninety-eight, relating to the mediation and arbitration Of Controversies between railway companies and certain classes of their em- ployees is hereby repealed: Provided, That any agree- ment of arbitration which, at the time of the passage of this Act, shall have been executed in accordance with the provisions of said Act of June first, eighteen hundred and ninety-eight, Shall be governed by the provisions of said Act of June first, eighteen hundred and ninety-eight, and the proceedings thereunder Shall be conducted in accordance with the provisions of said Act. (July 15, 1913, c. 6, § 11, 38 Stat. 108.) sº Current appropriation for Board of Mediation and Con- ciliation, see Act June 12, 1917, c. 27, § 1, 40 Stat. 124. Chapter G—Hours of Service of Em- - ployés Sec. 8677. Carriers and transportation subject to act; “railroad” and “employés” defined. 8678. Hours of service of employés limited. 8679. Penalty; suits therefor; exceptions from operation of act. 8680. Enforcement of act by Interstate Commerce Commis- SIOIl. 8680a. Hours of service of train operatives. 86806. Commission to investigate and report as to relations between carriers and employés. 8680c. Same; wages of employés not to be reduced pending investigation. 86806. Penalty for violation of act. y $ 8677. Carriers and transportation subject to act; “railroad” and “employés” defined—The proVisions Of this Act shall apply to any COmmon Car- rier or carriers, their officers, agents, and employees, engaged in the transportation of passengers or prop- erty by railroad in the District of Columbia Or any Territory of the United States, or from One State or Territory of the United States or the District of Co- lumbia to any other State or Territory of the ſº. States or the District of Columbia, or from any place in the United States to an adjacent foreign country, Or from any place in the United States through a foreign Country to any other place in the United States. The term “railroad” as used in this Act shall include all bridges and ferries used or Operated in Con- nection with any railroad, and also all the road in use by any common carrier Operating a railroad, Wheth- er owned or operated under a contract, agreement, or lease; and the term “employees” as used in this Act shall be held to mean persons actually engaged in or connected with the movement of any train. (March 4, 1907, c. 2939, § 1, 34 Stat. 1415.) §.8678. Hours of service of employés limited —It shall be unlawful for any Common carrier, its officers or agents, subject to this Act to require Or permit any employee subject to this Act to be or re- main on duty for a longer period than sixteen COn- secutive hours, and whenever any such employee of such common carrier shall have been Continuously On duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty ; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four-hour period shall be required or permitted to continue or again go On duty without having had at least eight consecutive hours off duty: Provided, That no operator, train dis- patcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affect- ing train movements shall be required Or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously Operated night and day, nor for a longer period than thirteen hours in all towers, offices, places, and stations Op- erated only during the daytime, except in case of emer- gency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period on not exceeding three days in any week: Provided further, The Interstate Commerce Commission may after full hearing in a particular case and for good CauSe ShoWll extend the period within which a common carrier shall comply with the provisions of this proviso as to such case. (March 4, 1907, c. 2939, § 2, 34 Stat. 1416.) - § 8679. Penalty; suits therefor; exceptions from operation of act—-Any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be, or remain on duty in Violation of the second section hereof Shall be liable to a pen- alty of not less than $100 nor more than $500 for each and every violation, to be recovered in a Suit Or suits to be brought by the United States district at- torney in the district court of the United States Ch. G) 3 86806 INTERSTATE AND FOREIGN COMMERCE [Page 13891 having jurisdiction in the locality where such viola- tions shall have been COmmitted ; and it shall be the duty of such district attorney to bring such suit upon Satisfactory information being lodged With him ; but no such suit shall be brought after the expiration of One year from the date Of Such violation ; and it shall also be the duty Of the Interstate Commerce Commis- SiOn to lodge with the proper district attorney in- formation of any such violations as may come to its knowledge. In all prosecutions under this Act the COlmmon Carrier shall be deemed to have knowledge of all acts of all its officers and agents: Provided, That the provisions of this Act shall not apply in any case of casualty or unavoidable accident or the act of God; nor Where the delay was the result of a cause not known to the carrier or its officer or agent in charge Of Such employee at the time said employee left a terminal, and which could not have been foreseen: Provided further, That the provisions of this Act shall not apply to the crews of Wrecking or relief trains. (March 4, 1907, c. 2939, § 3, 34 Stat. 1416, amended, May 4, 1916, c. 109, § 1, 39 Stat. 61.) $ 8680. Enforcement of act by Interstate Com- merce Commission—It shall be the duty of the In- terstate Commerce Commission to execute and en- force the provisions of this Act, and all powers grant- ed to the Interstate Commerce Commission are here-- by extended to it in the execution of this Act. (March 4, 1907, c. 2939, § 4, 34 Stat. 1417.) $ 8689a. Hours of service of train operatives— Beginning January first, nineteen hundred and seven- teen, eight hours shall, in contracts for labor and Service, be deemed a day’s work and the measure or Standard of a day’s work for the purpose of reckon- ing the compensation for services of all employees Who are now or may hereafter be employed by any COImmon Carrier by railroad, except railroads inde- pendently owned and operated not exceeding One hun- dred miles in length, electric street railroads, and electric interurban railroads, which is subject to the provisions of the Act of February fourth, eighteen hundred and eighty-seven, entitled “An Act to reg- lilate Commerce,” as amended, and who are now or may hereafter be actually engaged in any capacity in the Operation of trains used for the transportation Of persons Or property on railroads, except railroads independently owned and operated not exceeding one hundred miles in length, electric street railroads, and electric interurban railroads, from any State or Ter- ritory of the United States or the District of Colum- bia to any other State or Territory of the United States or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States: Provided, That the above excep- tions shall not apply to railroads though less than One hundred miles in length whose principal business is leasing or ſurnishing terminal or transfer facilities to other railroads, or are themselves engaged in trans- fers of freight between railroads or between rail- roads and industrial plants. (Sept. 3, 5, 1916, c. 436, § 1, 39 Stat. 721.) $ 8680p. Commission to investigate and re- port as to relations between carriers and em- ployés—The President shall appoint a Commission of three, which shall observe the Operation and effects Of the institution of the eight-hour Standard WOrkday as above defined and the facts and conditions affect- ing the relations between such common carriers and employees during a period of not less than six months nor more than nine months, in the discretion Of the Commission, and within thirty days thereafter such Commission shall report its findings to the President and Congress; that each member of the commission Created under the provisions of this Act shall receive Such compensation as may be fixed by the President. That the sum of $25,000, or so much thereof as may be necessary, be, and hereby-is, appropriated, out-of any money in the United States Treasury not other- Wise appropriated, for the necessary and proper ex- penses in Curred in COnnection. With the Work Of Such COmmission, including salaries, per diem, traveling ex- penses Of members and employees, and rent, furniture, Office fixtures and supplies, books, salaries, and other necessary expenses, the same to be approved by the Chairman of said Commission and audited by the prop- er accounting officers of the Treasury. (Sept. 3, 5, 1916, c. 436, § 2, 39 Stat. 722.) $ 8680c. Same; wages of exmployés not to be reduced pending investigation—Pending the re- port Of the Commission herein provided for and for a period of thirty days thereafter the compensation Of railway employees subject to this Act for a stand- ard eight-hour Workday Shall not be reduced below the present standard day’s wage, and for all neces- Sary time in excess of eight hours such employees shall be paid at a rate not less than the pro rata rate for Such standard eight-hour workday. (Sept. 3, 5, 1916, c. 436, § 3, 39 Stat. 722.) $ 8689d. Penalty for violation of act—Any per- SOn Violating any provision of this Act shall be guilty Of a misdemeanor and upon conviction shall be fined not less than $100 and not more than $1,000, or im- prisoned not to exceed one year, or both. (Sept. 3, 5, 1916, c. 436, § 4, 39 Stat. 722.) TITLE LVI B–REGULATION OF INTERSTATE AND FOREIGN Chap. - - - Sec. . A. Animals, meats, and meat and dairy products 8681 B. Food, drugs, and liquors. . . . . . . . . . . . . . . . . . . . .. . . 8717 C. Seeds, grains, and other agricultural products 8741 D. Grain standards. . . . . . . . . . . . . . . . . '• • - - - - - - - - - - - - 8747/2 E. Warehouses . . . . . . . . . tº e º 'º ºn tº e º 'º e º 'º • * * * * * tº e & . 874.7% F. Insect pests. . . . . . . . . . . . . . . . . e tº e º s a g . . . . . . . . . . . 8748. G. Insecticides and fungicides..... . . . . . . . . . . . . . . . 8765 COMMERCE AS TO PARTICULAR SUBJECTs - Chap. . . . . . . Sec. H. Viruses, serums, toxins, antitoxins, and anal- - ogous products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8778 1. Teas . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * • * g c e e º 'º e º º 8786 J. Opium . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . 8797 K. Falsely stant ped gold or silver or goods manu- factured therefrom . . . . . . . . . . . . . . . . . . . . . . . . . . 8802 L. Prevention of white siave traffic. . . . . . . . . . . . . 8812 M º Child labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — Chapter A—Animals, Meats, and Meat see and Dairy Products 8681. (1) Inspection of meat and meat food products; exam- ination of cattle before slaughtering; diseased animals slaughtered separately and carcasses ex- - armined. - - . (2) Post-mortem examination of carcasses and mark- ing or labeling; demned; reinspection. - (3) Examination of carcasses brought into slaughter- ing or packing establishments, and of meat food products issued from and returned thereto. (4) Inspectors of meat food products; marks of inspec- tion; destruction of condemned products; prod- ucts for export. ' ' . . - - Labeling receptacles or coverings of meat or meat food products inspected and passed; - by inspectors; , sales under false names; trade- names. (6) Sanitary inspection and regulation of slaughtering and packing establishments; rejection of meat or meat food products unfit for food. - (7) Examination of cattle and food products thereof, slaughtered and prepared during nighttime. (8) Transportation of carcasses, meat, or meat food . products not inspected and marked in accordance With act. . . . . - . . . (5 ) (9) Forgery, alteration, or unauthorized use of marks, - labels, or other identification devices or certifi- Cates. (10) Inspection of animals for export. (11) II, spectors of animals for export; - Condition. - - - (12) No clearance to vessel carrying cattle for export Without inspector’s certificate. * (13) Inspection of carcasses, meat of which is intended for export. - - - - (14) Inspectors of carcasses, meat of which is intended for export; certificates of condition. - (15) No clearance to vessel carrying meat for export ‘. Without inspector’s certificate. (16) Delivery of inspectors’ certificates, and of copies. (17) Transportation or sale of meat or meat food prod- ucts without complying with provisions of act. (18) Violations of provisions; penalty. • . (19). Inspectors to make examinations provided for; ap- - pointment; ... duties; regulations. , - (20) Bribery of or gifts to inspectors or other officers, and acceptance of gifts. .. . - (21) Inspection requirements not applicable to farmers or retailers; sale of meat or meat food products unfit for food. - (22) Statement in annual estimates as to persons em- ployed, their compensation and expenses. Inspection extended to reindeer. Permanent appropriation for expenses of inspection; statement in annual estimate as to persons employed, their compensation and expenses. . 8683. Inspection of salted pork and bacon for export; cate and identification marks; forgery. 8684. Importation of diseased animals. certificates of 8681a. 8682. certifi- 8685. Admission of tick-infested cattle from Mexico into TeXa.S. 8686. Quarantine of imported animals. 8687. Importation, except at quarantine ports, prohibited; slaughter of infected animals; appraisal; payment. 8688. Suspension of importation of all animals. 8689. Inspection of animals imported or intended for export. 8689a. Admission for immediate slaughter at ports of entry of tick-infested cattle; regulations; slaughtering. Agents to examine and report on methods of treatment of animals, and means for suppression of diseases. Regulations for suppression of diseases; co-operation of States and Territories. Investigation as to pleuro-pneumonia, eases; regulations. Measures to prevent exportation of diseased live stock. Transportation of diseased live stock prohibited; sple- netic fever. Notice to railroads in infected locality; of diseased live stock. 8690. 8691. 8692. and other dis- 8693. 8694. 8695. transportation destruction of carcasses con- | supervision. 8711. in interstate or foreign Commerce; 8696. Pleuro-pneumonia in District of Columbia. 8697. Duty of district attorneys. - 8698. Regulation of exportation and transportation of infected live stock; shipments after inspection; fees; Super- - - vision of Bureau. - . . . - 8699. Regulations to prevent contagious diseases. . . 8700. Violations of act; penalty. t w 8701. Quarantine of State or Territory, or portion thereof. 8702. Transportation or delivery therefor from quarantined State or Territory or portion thereof, of live Stock, - forbidden. - . 8703. Regulations for inspection, disinfection and certification, and delivery and shipment of live stock from quaran- tined State or Territory. . . 8704. Moving live stock from quarantined State or Territory under regulations. - - 8705. Violations of provisions of sections 2 or 4 of act; pen- alty - . - - - . . . - 8706. Extension of Act to carriers in interstate commerce. 8706a. computation of Value Payment for animals purchased; and amount paid. - - - - 8707. Fences along international boundary lines to keep out diseased animals. . - Dead bodies of game animals or game or song birds subject to laws of State. - 8708. 8709. Inspection of cattle whose meat is to be exported. 8710. Inspection of cattle for slaughter whose carcasses arg to be transported into, another state or territory. Regulations for examination of carcasses and products; • . identification marks, forgery of marks. - 8712. Transporting unsound carcasses prohibited. 8713. Official certificates for sound cattle and carcasses. 8714. Animals slaughtered by farmers. 8715. Regulations to prevent transportation of condemned car- - * casses. - 8716. Inspection of dairy products for export; Act March 3, . 1891, c. 555, made applicable. § 8681. (1) Inspection of meat and meat food products; examination of cattle before slaugh- tering; diseased animals slaughtered separately and earcasses examined—For meat inspection: That hereafter, for the purpose of preventing the use in interstate. Or foreign commerce, as hereinafter pro- vided, of meat and meat food products which are unsound, unhealthful, unwholesome, or otherwise un- fit for human food, the Secretary of Agriculture, at his discretion, may cause to be made, by inspectors appointed for that purpose, an examination and in- spection of all cattle, sheep, swine, and goats before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar estab- lishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used and all Cattle, Swine, sheep, and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, Swine, or goats, and when so slaughtered the Car- casses of said cattle, sheep, swine, or goats shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be pre- scribed by the Secretary of Agriculture, as herein provided for. (2) Post-mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection-For the purposes herein- before set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that pur- pose, as hereinafter provided, a post-mortem exami- nation and inspection of the carcasses and parts there- of of all cattle, sheep, Swine, and goats to be prepar- TPage 13901 Ch. A) & 8681 (7) INTERSTATE AND FOREIGN COMMERCE [Page 1391] ed for human consumption at any slaughtering, meat- Canning, Salting, packing, rendering, or similar es- tablishment in any State, Territory, or the District of Columbia for transportation or sale as articles Of interstate or foreign commerce; and the Carcasses and parts thereof Of all Such animals found to be Sound, healthful, wholesome, and fit for human food Shall be marked, stamped, tagged, or labeled as “In- Spected and passed;” and said inspectors shall label, mark, stamp, or tag as “Inspected and condemned” all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses and parts thereof thus inspected and COndemned shall be de- destroyed for food purposes by the said establish- ment in the presence of an inspector, and the Secre- tary of Agriculture may remove inspectors from any such establishment which fails to SO destroy any Such condemned carcass or part thereof, and said in- spectors, after said first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspec- tion the same have become unsound, unhealthful, un- wholesome, or in any way unfit for human food, and if any carcass Or any part thereof shall, upon exami- nation and inspection Subsequent to the first exami- nation and inspection, be found to be unsound, un- healthful, unwholesome, or otherwise -unfit –for-hu- man food, it shall be destroyed for food purposes by the Said establishment in the presence of an inspec- tor, and the Secretary of Agriculture may remove in- spectors from any establishment which fails to so destroy any such condemned carcass or part thereof. (3) Examination of carcasses brought into slaughtering or packing establishments, and of rmeat food products issued from and returned thereto—The foregoing provisions shall apply to all Carcasses or parts of carcasses of cattle, sheep, swine, and goats, Or the meat or meat products thereof which may be brought into any slaughtering, meat-Canning, salting, packing, rendering, or similar establishment, and Such examination and inspection shall be had be- fore the said Carcasses Or parts thereof shall be al- lowed to enter into any department wherein the same are to be treated and prepared for meat food prod- ucts; and the foregoing provisions shall also apply to all such products, which, after having been issued from any slaughtering, meat-canning, salting, pack- ing, rendering, or similar establishment, shall be re- turned to the same or to any similar establishment where such inspection is maintained. (4) Inspectors of meat food products; marks of inspection; destruction of condemned prod- ucts; products for export—For the purposes herein- before set forth the Secretary of Agriculture shall Cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for interstate or foreign com- merce in any slaughtering, meat-Canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said in- spectors shall mark, stamp, tag, or label as “Inspect- ed and passed” all such products found to be sound, healthful, and wholesome, and which COntain no dyes, chemicals, preservatives, or ingredients which render Such meat, or meat food products unsound, unhealth- ful, unwholesome, or unfit for human food; and said inspectors shall label, mark, stamp, or tag as “In- spected and Condemned” all such products found un- sound, unhealthful, and unwholesome, or which con- tain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products un- sound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary of Agriculture may re- move inspectors from any establishment which fails to SO destroy such condemned meat food products: Provided, That subject to the rules and regulations Of the Secretary of Agriculture the provisions hereof in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the Speci- fications Or directions of the foreign purchaser, when no Substance is used in the preparation or packing thereof in conflict with the laws of the foreign coun- try to which said article is to be exported; but if Said article shall be in fact SOld Or Offered for Sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this Act. (5) Labeling receptacles or coverings of meat or meat food products inspected and passed; su- pervision by inspectors; sales under false names; trade-names—When any meat Or meat food product prepared for interstate or foreign commerce which has been inspected as hereinbefore provided and mark- ed. “Inspected and passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or COvering in any establishment where inspection under the provisions of this Act is maintained, the person, firm, or corporation preparing said product shall Vision of an inspector, which label shall state that the COntents thereof have been “inspected and pass- ed” under the provisions of this Act; and no inspec- tion and examination of meat or meat food products deposited Or inclosed in Cans, tins, pots, Canvas, or other receptacle or covering in any establishment Where inspection under the provisions of this Act is maintained Shall be deemed to be COmplete until Such meat Or meat food products have been sealed Or in- closed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector, and no such meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate Or foreign Commerce under any false or deceptive name; but established trade name Or names which are usual to Such products and which are not false and deceptive and which shall be approved by the Secretary of Agriculture are permitted. (6) Sanitary inspection and regulation of slaughtering and packing establishments; re- jection of meat or meat food products unfit for food—The Secretary Of Agriculture shall cause to be made, by experts in Sanitation or by other competent inspectors, Such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar estab- lishments in which cattle, sheep, swine, and goats are slaughtered and the meat and meat food products thereof are prepared for interstate Or foreign Com- merce as may be necessary to inform himself con- Cerning the sanitary conditions of the same, and to prescribe the rules and regulations of Sanitation un- der which Such establishments shall be maintained; and where the sanitary conditions of any such estab- lishment are such that the meat or meat food prod- ucts are rendered unclean, unsound, unhealthful, un- wholesome, Or Otherwise unfit for human food, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as “in- Spected and passed.” (7) Examination of cattle and food products thereof, slaughtered and prepared during night- time—The Secretary Of Agriculture shall cause an ex- amination and inspection of all cattle, sheep, swine, and goats, and the food products thereof, slaughtered and prepared in the establishments hereinbefore de- scribed for the purposes Of interstate or foreign Com- merce to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, Swine, and goats, Or the preparation of said food products 1s Conducted during the night- time. 3 8681 (8) (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1392I (8) Transportation of carcasses, meat, or meat food products not inspected and marked in ac- cordance with act—On and after October first, nine- teen hundred and six, no person, firm, Or Corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall trans- port or receive for transportation from one State Or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as “Inspected and passed,” in accordance with the terms of this Act and with the rules and regulations pre- scribed by the Secretary of Agriculture: Provided, That all meat and meat food products On hand. On October first, nineteen hundred and six, at establish- ments where inspection has not been maintained, Or which have been inspected under existing law, shall be examined and labeled under such rules and regula- tions as the Secretary of Agriculture shall prescribe, and then shall be allowed to be sold in interState Or foreign commerce. (9) Forgery, alteration or unauthorized use of marks, labels, or other identification devices or certificates—No person, firm, or corporation, or Of- ficer, agent, or employee thereof, shall forge, Counter- feit, simulate, or falsely represent, or shall without proper authority use, fail to use, or detach, or Shall knowingly or wrongfully alter, deface, or destroy, Or fail to deface or destroy, any of the marks, Stamps, tags, labels, or other identification devices provided for in this Act, or in and as directed by the rules and regulations prescribed hereunder by the Secretary of Agriculture, on any carcasses, parts of Carcasses, Or the food product, or containers thereof, subject to the provisions of this Act, or any certificate in relation thereto, authorized or required by this Act or by the said rules and regulations of the Secretary Of Agricul- ture. (10) Inspection of animals for export—The Sec- retary of Agriculture shall cause to be made a Care- ful inspection of all cattle, sheep, swine, and goats in- tended and offered for export to foreign countries at such times and places, and in such manner as he may deem proper, to ascertain whether such cattle, sheep, swine, and goats are free from disease. (11) Inspectors of animals for export; certifi- cates of condition—And for this purpose he may ap- point inspectors who shall be authorized to give an of- ficial certificate clearly stating the condition in which Such Cattle, sheep, Swine, and goats are found. (12) No clearance to vessel carrying cattle for export without inspector’s certificate—And no Clearance shall be given to any vessel having On board Cattle, sheep, Swine, or goats for export to a foreign Country until the owner or shipper of such cattle, sheep, swine, or goats has a certificate from the inspec- tor herein authorized to be appointed, stating that the said Cattle, sheep, swine, or goats are sound and healthy, or unless the Secretary of Agriculture shall have Waived the requirement of Such Certificate for export to the particular country to which such Cattle, Sheep, Swine, or goats are to be exported. (13) Inspection of carcasses, meat of which is interaded for export—The Secretary Of Agriculture shall also cause to be made a careful inspection of the Carcasses and parts thereof of all cattle, sheep, swine, and goats, the meat of which, fresh, salted, canned, COrned, packed, cured, or otherwise prepared, is in- tended and offered for export to any foreign country, at Such times and places and in such manner as he Imay deem proper. (14) Inspectors of carcasses, meat of which is intended for export; certificates of condition—And for this purpose he may appoint inspectors who shall be authorized to give an official certificate stating J the Condition in which said cattle, sheep, Swine, Or goats, and the meat thereof, are found. (15) No clearance to vessel carrying meat for export without inspector’s certificate–And no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef, mut- ton, pork, or goat meat, being the meat of animals kill- ed after the passage of this Act, or except as herein- before provided for export to and sale in a foreign country from any port in the United States, until the Owner or shipper thereof shall obtain from an inspec- tor appointed under the provisions of this Act a cer- tificate that the said cattle, sheep, Swine, and goats were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary of Agriculture shall have waived the re- quirements of such Certificate for the country to which said cattle, sheep, swine, and goats or meats are to be exported. (16) IDelivery of inspectors’ certificates, and of copies—The inspectors provided for herein shall be authorized to give Official Certificates of the sound and wholesome condition of the Cattle, sheep, Swine, and goats, their carcasses and products as herein de- scribed ; and one copy of every certificate granted under the provisions of this Act shall be filed in the Department of Agriculture, another copy shall be de- livered to the owner or shipper, and when the Cattle, sheep, swine, and goats or their CarCasses and prod- ucts are sent abroad, a third Copy shall be delivered to the Chief Officer of the vessel on which the shipment shall be made. (17) Transportation or sale of meat or meat food products without complying with provisions of act.—No person, firm, Or Corporation engaged in the interstate commerce of meat or meat food products shall transport or offer for transportation, sell or offer to sell any such meat or meat food products in any State or Territory or in the District of Columbia or any place under the jurisdiction of the United States, oth- er than in the State or Territory or in the District of Columbia or any place under the jurisdiction of the TJnited States in which the slaughtering, packing, Canning, rendering, or other similar establishment Owned, leased, or Operated by Said firm, person, Or Corporation is located unless and until Said perSOn, firm, or Corporation shall have COmplied with all of the provisions of this Act. (18) Violations of provisions; penalty—Any per- son, firm, or corporation, or any officer or agent Of any such person, firm, or corporation, who shall Vio- late any of the provisions of this Act shall be deemed guilty of a misdemeanor and shall be punished On conviction thereof by a fine of not exceeding ten thou- sand dollars or imprisonment for a period of not more than two years, or by both such fine and imprison- ment, in the discretion of the Court. (19). Inspectors to make examinations provid- ed for; appointment; duties; regulations—The Secretary of Agriculture shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, and goats, the inspection of which is hereby provided for, and Of all Carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all estab- lishments in which Such meat and meat food products hereinbefore described are prepared ; and said in- Spectors shall refuse to stamp, mark, tag, Or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbe- fore mentioned, until the same shall have actually been inspected and found to be sound, healthful, wholesome, and fit for human food, and to Contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food ; and to have been prepared under proper sanitary conditions, here- inbefore provided for ; and shall perform such Other duties as are provided by this Act and by the rules Ch. A) # 8684 INTERSTATE AND FOREIGN COMMERCE [Page 1393] and regulations to be prescribed by said Secretary of Agriculture; and Said Secretary of Agriculture shall, from time to time, make such rules and regulations aS are necessary for the efficient execution of the provisions of this Act, and all inspections and exami- nations made under this Act shall be such and made in such manner as described in the rules and regula- tions prescribed by said Secretary of Agriculture not inconsistent with the provisions of this Act. (20) Bribery of or gifts to inspectors or other officers and acceptance of gifts—Any person, firm, Or Corporation, Or any agent Or employee of any per- SOn, firm, or Corporation who shall give, pay, or offer, directly or indirectly, to any inspector, deputy in- spector, chief inspector, or any other officer or em- Dloyee of the United States authorized to perform any Of the duties prescribed by this Act or by the rules and regulations of the Secretary of Agriculture any money or other thing of value, with intent to influ- ence said inspector, deputy inspector, Chief in- Spector, or other officer or employee of the United States in the discharge of any duty herein pro- vided for, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars and by imprisonment not less than One year—nor more than three-years; and—any inspec- tor, deputy inspector, chief inspector, or other officer Or employee of the United States authorized to per- form any of the duties prescribed by this Act who Shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agentS, Or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or Other thing of value given with any purpose or in- tent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily dis- Charged from office and shall be punished by a fine not leSS than one thousand dollars nor more than ten thou- Sand dollars and by imprisonment not less than One year nor more than three years. (21) Inspection requirements not applicable to farmers or retailers; sale of meat or meat food products unfit for food—The provisions of this Act requiring inspection to be made by the Secretary Of Agriculture shall not apply to animals slaughtered by any farmer On the farm and Sold and transported as in- terstate or foreign Commerce, nor to retail butchers and retail dealers in meat and meat food products, Supply- ing their customers: Provided, That if any person shall Sell Or Offer for Sale Or transportation for interstate Or foreign commerce any meat or meat food products Which are diseased, unsound, unhealthful, unwhole- Some, or otherwise unfit for human food, knowing that Such meat food products are intended for human Con- Sumption, he shall be guilty Of a misdemeanor, and On Conviction thereof Shall be punished by a fine not exceeding One thousand dollars Or by imprisonment for a period of not exceeding One year, or by both such fine and imprisonment: Provided also, That the Sec- retary of Agriculture is authorized to maintain the inspection in this Act provided for at any slaughter- ing, meat-canning, salting, packing, rendering, or simi- lar establishment notwithstanding this exception, and that the persons Operating the same may be retail butchers and retail dealers Or farmers; and where the Secretary Of Agriculture shall establish Such in- spection then the provisions of this Act shall apply notwithstanding this exception. (22) Statement in annual estimates as to per- sons employed, their compensation and expenses —And the Secretary of Agriculture shall, in his an- nual estimates made to Congress, submit a statement in detail, showing the number of persons employed in Such inspections and the salary or per diem paid COMP. S.T.’18—88 to each, together with the contingent expenses of Such inspectors and where they have been and are em- ployed. (March 4, 1907, c. 2907, 34 Stat. 1260.) See § 8740a. $ 8681a. Inspection extended to reindeer—The provisions of the meat-inspection law may be extended to the inspection of reindeer. (June 30, 1914, c. 131, 38 Stat. 420.) $ 8682. Permanent appropriation for expens- es of inspection; statement in annual estimate as to persons employed, their compensation and expenses—There is permanently appropriated, out of any money in the Treasury not otherwise appropriat- ed, the sum of three million dollars, for the expenses Of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions Of this Act relating to meat inspection, including rent and the employment of labor in Washington and else- Where, for each year. And the Secretary of Agricul- ture Shall, in his annual estimates made to Congress, Submit a statement in detail, showing the number of perSOnS employed in such inspections and the Salary Or Der diem paid to each, together with the contingent ex- penses Of Such inspectors and where they have been tºº,” employed. (June 30, 1906, c. 3913, 34-Stat. - 79. $ 8683. Inspection of salted pork and bacon for export; certificate and identification marks; forgery—The Secretary of Agriculture may cause to be made a careful inspection of salted pork and bacon intended for exportation, with a view to determining Whether the same is wholesome, sound, and fit for hu- man food whenever the laws, regulations, or Orders Of the Government of any foreign country to which Such pork Or bacon is to be exported shall require in- Spection thereof relating to the importation thereof into Such country, and also whenever any buyer, sell- er, Or eXporter of such meats intended for exporta- tion shall request the inspection thereof. Such inspection shall be made at the place where Such meats are packed or boxed, and each package of Such meats so inspected shall bear the marks, stamps, Or other device for identification provided for in the last clause of this section: Provided, That an inspec- tion of such meats may also be made at the place of exportation if an in Spection has not been made at the place of packing, or if in the opinion of the Secretary of Agriculture, a re-inspection becomes necessary. One Copy of any Certificate issued by any such in- Spector shall be filed in the Department of Agricul- ture; another copy Shall be attached to the invoice Of each separate shipment Of Such meat, and a third Copy Shall be delivered to the COnSignor Or shipper Of Such meat as evidence that packages Of Salted pork and bacon have been inspected in accordance with the provisions of this act and found to be wholesome, sound, and fit for human food ; and for the identifica- tion of the same such marks, stamps, or other de- vices as the Secretary Of Agriculture may by regula- tion prescribe shall be affixed to each of such packag- es. Any person who shall forge, counterfeit, or know- ingly and wrongfully alter, deface, or destroy any Of the marks, stamps, Or Other devices provided for in this section. On any package Of any such meats, or Who shall forge, counterfeit, or knowingly and wrongfully alter, deface, or destroy any certificate in reference to meats provided for in this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding One thou- Sand dollars or imprisonment not exceeding One year, or by both said punishments, in the discretion of the court. (Aug. 30, 1890, c. 839, § 1, 26 Stat. 414.) § 8684. Importation of diseased animals—The importation of neat cattle, sheep, and other ruminants, and swine, which are diseased or infected with any # 8685 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE IPage 13941 disease, or which shall have been exposed to such in- fection within sixty days next before their exporta- tion, is hereby prohibited ; and any person who shall knowingly violate the foregoing provision shall be deemed guilty of a misdemeanor, and shall, on convic- tion, be punished by a fine not exceeding five thou- Sand dollars, or by imprisonment not exceeding three years, and any vessel Or Vehicle used in Such unlaw- ful importation with the knowledge of the master or OWner of said vessel or vehicle that such importation is diseased or has been exposed to infection as here- in described, shall be forfeited to the United States. (Aug. 30, 1890, c. 839, § 6, 26 Stat. 416.) § 8685. Admission of tick-infested eattle from Mexico into Texas—The Act of August thirtieth, eighteen hundred and ninety, is hereby amended so as to authorize the Secretary of Agriculture, within his discretion, and under such joint regulations as may be prescribed by the Secretary of Agriculture and the Secretary of the Treasury, to permit the admission Of tick-infested cattle from Mexico into that part of Texas below the southern cattle quarantine line. (March 4, 1911, c. 238, 36 Stat. 1240.) $ 8686. Quarantine of imported animals—That the Secretary of Agriculture be, and is hereby, author- ized, at the expense of the owner, to place and re- tain in quarantine all neat cattle, sheep, and other ruminants, and all swine, imported into the United States, at such ports as he may designate for such purpose, and under such conditions as he may by regulation prescribe, respectively, for the several classes of animals above described; and for this pur- pose he may have and maintain possession of all lands, buildings, animals, tools, fixtures, and appur- tenances now in use for the quarantine of neat cattle, and hereafter purchase, construct, or rent as may be necessary, and he may appoint veterinary surgeons, inspectors, Officers, and employees by him deemed necessary to maintain such quarantine, and provide for the execution of the other provisions of this act. (Aug. 30, 1890, c. 839, § 7, 26 Stat. 416.) $ 8687. Importation except at quarantine Ports, prohibited; slaughter of infected animals; appraisal; payment—The importation of all animals described in this act into any port in the United States, except such as may be designated by the Sec- retary Of Agriculture, with the approval of the Secre- tary of the Treasury, as quarantine stations, is hereby prohibited ; and the Secretary of Agriculture may Cause to be slaughtered such of the animals named in this act as may be, under regulations prescribed by him, adjudged to be infected with any contagious dis- ease, Or to have been exposed to infection so as to be dangerous to other animals; and that the value of animals so slaughtered as being so exposed to infec- tion but not infected may be ascertained by the agree- ment Of the Secretary of Agriculture and owners thereof, if practicable; otherwise, by the appraisal by two persons familiar with the character and value of such property, to be appointed by the Secretary of Agriculture, whose decision, if they agree, shall be final; otherwise, the Secretary of Agriculture shall decide between them, and his decision shall be final; and the amount of the value thus ascertained shall be paid to the owner thereof out of money in the Treasury appropriated for the use of the Bureau of Animal Industry; but no payment shall be made for any animal imported in Violation of the provisions of this act. If any animal subject to quarantine accord- ing to the provisions of this act are brought into any port of the United States where no quarantine sta- tion is established the collector of such port shall re- Quire the same to be conveyed by the vessel on which they are imported or are found to the nearest quar- antine station, at the expense of the owner. (Aug. 30, 1890, c. 839, § 8, 26 Stat. 416.) $ 8688. Suspension of importation of all ani- mals—Whenever, in the opinion of the President, it Shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the im- portation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. (Aug. 30, 1890, c. 839, § 9, 26 Stat. 416.) $ 8689. Inspection of animals imported or in- tended for export—The Secretary of Agriculture Shall Cause careful inspection to be made by a Suita- ble officer of all imported animals described in this act, to ascertain whether such animals are infected With contagious diseases or have been exposed to in- fection so as to be dangerous to other animals, which Shall then either be placed in quarantine or dealt With according to the regulations of the Secretary of Agriculture; and all food, litter, manure, clothing, utensils, and other appliances that have been so re- lated to such animals on board ship as to be judged liable to convey infection shall be dealt with accord- ing to the regulations of the Secretary of Agriculture; and the Secretary of Agriculture may cause inspection to be made of all animals described in this act in- tended for exportation, and provide for the disinfec- tion of all vessels engaged in the transportation there- Of, and of all barges or other Vessels used in the Con- Veyance of such animals intended for export to the Ocean Steamer Or other vessels, and Of all attendants and their clothing, and of all headropes and other ap- pliances used in such exportation, by such Orders and regulations as he may prescribe; and if, upon such inspection, any such animals shall be adjudged, un- der the regulations of the Secretary Of Agriculture, to be infected or to have been exposed to infection SO as to be dangerous to other animals, they Shall not be allowed to be placed upon any vessel for exporta- tion : the expense of all the inspection and disinfec- tion provided for in this section to be borne by the Owners of the vessels on which such animals are ex- ported. (Aug. 30, 1890, c. 839, § 10, 26 Stat. 417.) $ 8689a. Admission for immediate slaughter at ports of entry of tick-infested cattle; regula- tions; slaughtering—The Act of August thirtieth, eighteen hundred and ninety, entitled “An Act pro- viding for an inspection of meats for exportation, pro- hibiting the importation of adulterated articles Of food or drink, and authorizing the President to make proclamation in certain cases, and for other purposes” (Twenty-sixth Statutes at Large, page four hundred and fourteen), is hereby amended so as to authorize the Secretary of Agriculture, within his discretion and under such joint regulations as may be prescrib- ed by the Secretary of Agriculture and the Secretary of the Treasury, to permit the admission for immedi- ate slaughter at ports of entry of tick-infested cattle which are otherwise free from disease and which have not been exposed to the infection of any other disease within sixty days next before their exporta- tion from Mexico, South and Central America, the islands of the Gulf of Mexico and the Carribean Sea into those parts of the United States below the South- ern cattle quarantine line at such ports of entry as may be designated by said joint regulations and also subject to the provisions of sections seven, eight, nine, and ten of said Act of August thirtieth, eighteen hun- dred and ninety: Provided, That the importation of tick-infested cattle from any country referred to in this section in which foot-and-mouth disease exists, which existence shall be determined by the Secretary of Agriculture, is prohibited: Provided further, That all cattle imported under the provisions of this Sec- tion shall be slaughtered in accordance with the pro- visions of the Act of June thirtieth, nineteen hun- dred and six (Thirty-fourth Statutes at Large, page six hundred and seventy-four), commonly called the meat inspection amendment, and the rules and reg- Ch. A) $ 8696 INTERSTATE AND FOREIGN COMMERCE [Page 13951 ulations promulgated thereunder by the Secretary of Agriculture, and that their hides shall be disposed of under rules and regulations to be prescribed by the Secretary Of Agriculture. (Aug. 10, 1917, c. 52, § 9, 40 Stat. 275.) § 8690. Agents to examine and report on methods of treatment of animals, and means for suppression of diseases—The [Commissioner of Agri- Culture] is authorized to appoint two competent agents, who shall be practical stock-raisers or expe- rienced business men familiar with questions per- taining to commercial transactions in live stock, whose duty it shall be, under the instructions of the [Commissioner of Agriculture], to examine and re- port upon the best methods of treating, transporting, and Caring for animals, and the means to be adopted for the Suppression and extirpation of contagious pleuro-pneumonia, and to provide against the spread Of Other dangerous COntagious, infectious, and Com- municable diseases. The compensation of said agents shall be at the rate of ten dollars per diem, with all necessary expenses, while engaged in the actual per- formance of their duties under this act, when absent from their usual place of business or residence as such agent. (May 29, 1884, c. 60, § 2, 23 Stat. 31.) Text in brackets superseded by §§ 789-792, 819. es; co-operation of States and Territories—It shall be the duty of the [Commissioner of Agricul- ture] to prepare such rules and regulations as he may deem necessary for the Speedy and effectual Suppres- sion and extirpation of said diseases, and to certify Such rules and regulations to the executive authority of each State and Territory, and invite said authori- ties to co-operate in the execution and enforcement of this act. Whenever the plans and methods of the [Commissioner of Agriculture] shall be accepted by any State or Territory in which pleuro-pneumonia or other contagious, infectious, or communicable disease is declared to exist, or such State or Territory shall have adopted plans and methods for the suppres- sion and extirpation of said diseases, and such plans and methods shall be accepted by the [Commissioner of Agriculture], and whenever the governor of a State or other properly constituted authorities signify their readiness to co-operate for the extinction of any con- tagious, infectious, Or Communicable disease in Con- formity with the provisions of this act, the [Commis- Sioner of Agriculture] is hereby authorized to expend so much of the money appropriated by this act as may be necessary in such investigations, and in such disinfection and quarantine measures as may be necessary to prevent the spread of the disease from One State or Territory into another. (May 29, 1884, c. 60, § 3, 23 Stat. 32.) See § 8690 and note. $ 8692. Investigation as to pleuro-pneumonia, and other diseases; regulations—In Order to pro- mote the exportation of live stock from the United States the [Commissioner of Agriculture] shall make Special investigation as to the existence of pleuro- pneumonia, Or any contagious, infectious, or Com- municable disease, along the dividing-lines between the United States and foreign countries, and along the lines of transportation from all parts of the Unit- ed States to ports from which live stock are export- ed, and make report of the results of such investiga- tion to the [Secretary of the Treasury], who shall, from time to time, establish such regulations con- Cerning the exportation and transportation of live Stock as the results of said investigations may re- quire. (May 29, 1884, c. 60, § 4, 23 Stat. 32.) See § 8690 and note. And see §§ 8698-8700 as to transfer of powers of Secretary of Treasury to Secretary of Agri- culture. $ 8693. Measures to prevent exportation of diseased live stock—That to prevent the exportation from any port of the United States to any port in a $ 8691. Regulations for suppression of diseas-- foreign country of live stock affected with any con- tagious, infectious, or communicable disease, and es- pecially pleuro-pneumonia, the [Secretary Of the Treasury] be, and he is hereby, authorized to take Such steps and adopt such measures, not inconsistent With the provisions Of this act, as he may deem nec- essary. (May 29, 1884, c. 60, § 5, 23 Stat. 32.) See § 8692 and note. $ 8694. Transportation of diseased live stock prohibited; splenetic fever—No railroad company within the United States, or the owners or masters Of any Steam or sailing vessel or other vessel or boat, shall receive for transportation or transport, from One State or Territory to another, or from any State into the District of Columbia, or from the District . into any State, any live stock affected with any con- tagious, infectious, or communicable disease, and es- pecially the disease known as pleuro-pneumonia ; nor Shall any person, company, or corporation deliver for Such transportation to any railroad company, or mas- ter Or Owner of any boat or vessel, any live stock, knowing them to be affected with any contagious, in- fectious, Or Communicable disease; nor shall any per- SOn, COmpany, Or corporation drive on foot or trans- port in private conveyance from One State or Terri- tory to another, or from any State into the District of Columbia, or from the District into any State, any live stock, knowing them to be affected with any con- tagious, infectious, or communicable disease, and es- pecially the disease known as pleuro-pneumonia: Provided, That the so-called splenetic or Texas fever shall not be considered a contagious, infectious, or Communicable disease within the meaning of sections four, five, six, and seven of this act, as to cattle being transported by rail to market for slaughter, when the same are unloaded only to be fed and watered in lots on the way thereto. (May 29, 1884, c. 60, § 6, 23 Stat. 32.) $ 8695. Notice to railroads in infected local- ity; transportation of diseased live stock—It shall be the duty of the [Commissioner of Agriculture] to notify, in writing, the proper officials or agents of any railroad, steamboat, or other transportation com- pany doing business in or through any infected lo- Cality, and by publication in such newspapers as he may select. Of the existence of said contagion; and any person or persons operating any such railroad, Or master or Owner of any boat or vessel, or Owner or custodian of or person having control over such Cattle Or Other live Stock within Such infected dis- trict, who shall knowingly violate the provisions Of section six of this act, shall be guilty Of a misde- meanor, and, upon conviction, shall be punished by a fine Of not less than One hundred nor more than five thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. (May 29, 1884, c. 60, § 7, 23 Stat. 32.) See § 8690 and note. § 8696. Pieuro-pneumonia in District of Co- Iumbia—Whenever any contagious, infectious, or Com- municable disease affecting domestic animals, and especially the disease known as pleuro-pneumonia, shall be brought into or shall break out in the Dis- trict of Columbia, it shall be the duty of the Commis- Sioners of Said District to take measures to Suppress the same promptly and to prevent the same from spreading; and for this purpose the said Commis- Sioners are hereby empowered to order and require that any premises, farm, or farms where such dis- ease exists, or has existed, be put in quarantine ; to order all or any animals coming into the District to be detained at any place or places for the purpose Of inspection and examination; to prescribe regulations for and to require the destruction of animals affected with contagious, infectious, or communicable disease, and for the proper disposition of their hides and car- casses; to prescribe regulations for disinfection, and such other regulations as they may deem necessary to prevent infection or contagion being communicated, and shall report to the [Commissioner of Agriculture] 3 8696 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE IPage 13961 whatever they may do in pursuance of the provisions of this section. (May 29, 1884, c. 60, § 8, 23 Stat. 33.) See § 8690 and note. And see §§ 8699, 8701-8705. $ 8697. Duty of district attorneys—It shall be the duty of the several United States district attor- neys to prosecute all violations of this act which shall be brought to their notice or knowledge by any person making the complaint under oath ; and the same shall be heard before any district [or circuit] court of the United States or Territorial court holden within the district in which the violation of this act has been committed. (May 29, 1884, c. 60, § 9, 23 Stat. 33.) Text in brackets superseded by § 1266. $ 8698. Regulation of exportation and trans- portation of infected live stock; shipments after inspection; fees; supervision of Bureau–In order to enable the Secretary of Agriculture to effectually suppress and extirpate contagious pleuropneumonia, foot and mouth disease, and other dangerous contagi- ous, infectious, and communicable diseases in Cattle and other live stock, and to prevent the Spread of Such diseases, the powers conferred on the Secretary Of the Treasury by sections four and five of an Act en- titled “An Act for the establishment of a Bureau Of Animal Industry, to prevent the exportation of dis- eased cattle, and to provide means for the suppres- sion and extirpation of pleuropneumonia and Other contagious diseases among domestic animals,” ap- proved May twenty-ninth, eighteen hundred and eigh- ty-four (twenty-third United States Statutes, thirty- one), are hereby conferred on the Secretary of Agri- culture, to be exercised exclusively by him. He is hereby authorized and directed from time to time to establish such rules and regulations concerning the exportation and transportation of live Stock from any place within the United States where he may have reason to believe such diseases may exist into and through any State or Territory, including the Indian Territory, and into and through the District of CO- lumbia and to foreign countries, as he may deem neC- essary, and all such rules and regulations shall have the force Of law. Whenever any inspector or assist- ant inspector of the Bureau of Animal Industry shall issue a certificate showing that such officer had in- spected any cattle or other live stock which were about to be shipped, driven, or transported from Such locality to another, as above stated, and had found them free from Texas or splenetic fever infection, pleuropneumonia, foot and mouth disease, or any oth- er infectious, contagious, or Communicable disease, such animals, so inspected and certified, may be ship- ped, driven, or transported from such place into and through any State or Territory, including the Indian Territory, and into and through the District of CO- lumbia, or they may be exported from the United States without further inspection or the exaction of fees of any kind, except such as may at any time be Ordered Or exacted by the Secretary of Agriculture; and all Such animals shall at all times be under the control and Supervision of the Bureau of Animal In- dustry of the Agricultural Department for the pur- poses of such inspection. (Feb. 2, 1903, c. 349, § 1, 32 Stat. 791.) $ 8699. Regulations to prevent contagious diseases—The Secretary of Agriculture shall have au- thority to make Such regulations and take Such meas- ures as he may deem proper to prevent the introduc- tion or dissemination of the contagion of any Conta- gious, infectious, or communicable disease of animals from a foreign country into the United States or from One State or Territory of the United States or the District of Columbia to another, and to Seize, quar- antine, and dispose of any hay, Straw, forage, Or simi- lar material, or any meats, hides, or Other animal products coming from an infected foreign country to the United States, or from one State or Territory or the District Of Columbia in transit to another State or Territory or the District of Columbia whenever in his judgment Such action is advisable in Order to guard against the introduction or spread of Such contagion. (Feb. 2, 1903, c. 349, § 2, 32 Stat. 792.) $ 8700. Violations of act; penalty—Any person, Company, or corporation knowingly violating the pro- visions of this Act or the orders or regulations made in pursuance thereof shall be guilty of a misdemean- Or, and on conviction shall be punished by a fine Of not leSS than One hundred dollars nor more than One thousand dollars, or by imprisonment not more than One year, or by both such fine and imprisonment. (Feb. 2, 1903, c. 349, § 3, 32 Stat. 792.) - - § 8701. Quarantine of State or Territory or portion thereof—The Secretary of Agriculture is au- thorized and directed to quarantine any State Or Territory or the District of Columbia, Or any portion of any State or Territory or the District of Colum- bia, when he shall determine the fact that cattle Or other live stock in such State or Territory or District of Columbia are affected with any COntagious, infec- tious, or communicable disease; and the Secretary of Agriculture is directed to give written or printed no- tice of the establishment of quarantine to the proper Officers of railroad, Steamboat, or other transportation companies doing business in or through any quaran- tined State or Territory or the District of Columbia, and to publish in such newspapers in the quarantined State or Territory or the District of Columbia, as the Secretary of Agriculture may select, notice of the eS- tablishment of quarantine. (March 3, 1905, c. 1496, § 1, 33 Stat. 1264.) - - § 8792. Transportation or delivery therefor from quararatined State or Territory or portion thereof, of live stock, forbidden—No railroad Com- pany Or the Owners or masters of any Steam Or Sail- ing or other vessel or boat shall receive for trans- portation or transport from any quarantined State Or Territory or the District of Columbia, or from the Quarantined portion of any State or Territory Or the District of Columbia, into any other State or Terri- tory or the District of Columbia, any cattle or other live stock, except as hereinafter provided ; nor shall any person, company, or corporation deliver for Such transportation to any railroad company, Or to the master or Owner of any boat or Vessel, any cattle Or other live stock, except as hereinafter provided; nor shall any person, company, or corporation drive On foot, or cause to be driven on foot, or transport in private conveyance or cause to be transported in pri- vate conveyance, from a quarantined State Or Terri- tory or the District of Columbia, or from the quaran- tined portion of any State or Territory or the District Of Columbia, into any other State or Territory or the District of Columbia, any cattle or other live Stock, except as hereinafter provided. (March 3, 1905, C. 1496, § 2, 33 Stat. 1264.) § 8703. Regulations for inspection, disinfec- tion, and certification, and delivery and ship- ment of live stock from quarantined State or Territory—It shall be the duty of the Secretary of Agriculture, and he is hereby authorized and direct- ed, when the public safety will permit, to make and promulgate rules and regulations which shall permit and govern the inspection, disinfection, certification, treatment, handling, and method and manner of de- livery and shipment of cattle or other live stock from a quarantined State or Territory or the District of Columbia, and from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Colum- bia; and the Secretary of Agriculture shall, give no- tice of Such rules and regulations in the manner pro- Vided in Section two of this Act for notice of estab- lishment of quarantine. (March 3, 1905, c. 1496, § 3, 33 Stat. 1265.) - . § 8704. Moving live stock from quarantined State or Territory, under regulations—Cattle or other live stock may be moved from a quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Terri: Ch. A) ź 8711 INTERSTATE AND FOREIGN COMMERCE IPage 1397. I tory or the District of Columbia, into any other State Or Territory or the District of Columbia, under and in compliance with the rules and regulations of the Secretary of Agriculture, made and promulgated in pursuance Of the provisions of section three of this Act; but it shall be unlawful to move, Or to allow to be moved, any cattle or other live stock from any Quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State Or Territory or the District of Columbia, into any other State or Territory or the District of Co- lumbia, in manner or method or under conditions Other than those prescribed by the Secretary of Agri- Culture. (March 3, 1905, c. 1496, § 4, 33 Stat. 1265.) § 8705. Violations of provisions of sections 2 or 4 of act; penalty—Any person, Company, or cor- poration violating the provisions of sections two or four of this Act shall be guilty of a misdemeanor, and On Conviction shall be punished by a fine Of not less than One hundred dollars nor more than One thousand dollars, or by imprisonment not more than One year, Or by both such fine and imprisonment. (March 3, 1905, c. 1496, § 6, 33 Stat. 1265.) § 8706. Extension of Act to carriers in inter- state commerce—Hereafter all the provisions Of the Said Act approved March third, nineteen hundred and five, shall apply to any railroad Company or Other COmmon carrier, whose road Or-line forms any part - Of a route Over Which Cattle Or Other live Stock are transported in the course of shipment from any quar- antined State or Territory or the District of Colum- bia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia. (June 30, 1914, c. 131, 38 Stat. 419.) § 8706a. Payment for animals purchased; computation of value and amount paid—Eradica- tion Of foot-and-mouth and Other Contagious diseases of animals: In case of an emergency arising Out Of the existence of foot-and-mouth disease, rinderpest, COntagious pleurOpneumonia, Or Other contagious Or infectious disease of animals which, in the Opinion of the Secretary of Agriculture, threatens the live-stock industry of the COuntry, he may expend in the city of Washington Or elsewhere, Out of any money in the Treasury not otherwise appropriated, the sum of $1,- 000,000, which sum is hereby appropriated, or so much thereof as he determines to be necessary, in the arrest and eradication of any such disease, in- cluding the payment of claims growing Out Of past and future purchases and destruction, in Cooperation with the States, of animals affected by or exposed to, Or of materials contaminated by Or exposed to, any Such disease, wherever found and irrespective of ownership, under like or substantially similar cir- cumstances, when such owner has complied with all lawful quarantine regulations: Provided, That the payment for animals hereafter purchased may be made On appraisement based. On the meat, dairy, Or breed- ing value, but in case of appraisement based on breed- ing value no appraisement of any animal shall exceed three times its meat Or dairy value, and except in Case of an extraordinary emergency, to be determlined by the Secretary of Agriculture, the payment by the United States Government for any animal Shall not exceed one-half of any such appraisements. (March 4, 1917, c. 179, 39 Stat. 1167.) § 8707. Fences along international boundary lines to keep out diseased animals—Hereafter the Secretary Of Agriculture may permit the erection of fences along international boundary lines, but entire- ly within the territory of the United States, for the purpose of keeping out diseased animals. (May 26, 1910, c. 256, 36 Stat. 440.) § 87.08. Dead bodies of game animals or game or song birds, subject to laws of State—All dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited, or the dead bodies, or parts thereof, of any Wild game animals, or game or song birds trans- ported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, Shall upon arrival in Such State or Territory be sub- ject to the operation and effect of the laws of such State or Territory enacted in the exercise of its po- lice powers, to the same extent and in the same man- ner as though such animals or birds had been produc- ed in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in Original packages or otherwise. (May 25, 1900, c. 553, § 5, 31 Stat. 188.) § 8709. Inspection of cattle whose meat is to be exported—The Secretary of Agriculture shall also Cause to be made a Careful inspection Of all live Cat- tle, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended for exportation to any foreign Country, at Such tilmes and places, and in such manner as he may think proper, With a view to ascertain whether Said Cattle are free from disease, and their meat sound and wholesome, and may appoint inspectors Who shall be authorized to give an Official Certificate Clearly Stating the COndi- tion in which such cattle and meat are found, and no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef be- ing -the -meat Of Cattle killed after the passage Of this Act for exportation to and Sale in a foreign Coun- try from any port in the United States until the owner Or shipper shall obtain from an inspector appointed under the provisions of this Act a certificate that said Cattle were free from disease and that their meat is sound and wholesome. (March 3, 1891, c. 555, § 2, 26 Stat. 1090, amended, March 2, 1895, c. 169, 28 Stat. 732.) § 8710. Inspection of cattle for slaughter whose carcasses are to be transported into an- other state or territory—The Secretary of Agri- culture shall cause to be inspected prior to their slaughter, all cattle, sheep, and hogs which are Sub- jects Of interstate Commerce and Which are about to be slaughtered at slaughter-houses, Canning, Salting, packing or rendering establishments in any State Or Territory, the Carcasses or products of which are to be transported and sold for human Consumption in any other State or Territory, or the District of Co- lumbia, and in addition to the aforesaid inspection, there may be made in all cases where the Secretary of Agriculture may deem necessary or expedient, under rules and regulations to be by him prescribed, a post mortem examination of the carcasses Of all cattle, sheep, and hogs about to be prepared for human Con- Sumption at any slaughter-house, Canning, salting, packing or rendering establishment in any State or Territory, or the District of Columbia which are the subjects of interstate commerce. (March 3, 1891, c. 555, § 3, 26 Stat. 1090.) § 8711. Regulations for examination of car- casses and products; identification marks; for- gery of marks—Said examination shall be made in the manner provided by rules and regulations to be prescribed by the Secretary of Agriculture, and after said examination the Carcasses and products of all cattle, sheep, and Swine found to be free of disease and wholesome, sound, and fit for human food shall be marked, stamped, or labeled for identification as may be provided by said rules and regulations of the Socretary of Agriculture. Any person who shall forge, counterfeit, simulate, imitate, falsely represent, or use without authority, or knowingly and Wrong- fully alter, deface, or destroy any of the marks, stamps, or other devices provided for in the regula- tions of the Secretary Of Agriculture, of any such car- casses or their products, or who shall forge, COunter- feit, simulate, imitate, falsely represent, or use with- Out authority, Or knowingly and wrongfully alter, deface, or destroy any certificate or stamp provided in said regulations, shall be deemed guilty of a mis- & 8712. (Tit. 56B. INTERSTATE AND FOREIGN COMMERCE [Page 1398] - demeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars, or im: prisonment not exceeding one year, or by both Said punishments, in the discretion of the Court. (March 3, 1891, c. 555, § 4, 26 Stat. 1090, amended, March 2, 1895, c. 169, 28 Stat. 732.) § 8712. Transporting unsound carcasses, pro- hibited—It shall be unlawful for any person to trans. port from one State or Territory or the District of Columbia into any other State or Territory or the District of Columbia, or for any person to deliver to another for transportation from one State or Terri- tory or the District of Columbia into another State . or Territory or the District of Columbia the Carcass- es of any cattle, sheep, or swine, or the food products thereof, which have been examined in accordance With the provisions of sections three and four of this act, and which on said examination have been declared by the inspector making the same to be unsound or diseased. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and punished for each offense as provided in section four of this act. (March 3, 1891, c. 555, § 5, 26 Stat. 1090.) § 8713. Official certificates for sound cattle, and careasses—The inspectors provided for in Sec- tions one and two of this act shall be authorized to give official certificates of the sound and Wholesome condition of the cattle, sheep, and swine, their car- casses and products described in sections three and four of this act, and one copy of every certificate granted under the provisions of this act shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the cattle, sheep, and swine, or their carcasses and prod- ucts are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the ship- ment shall be made. (March 3, 1891, c. 555, § 6, 26 Stat. 1090.) - • § 8714. Animals slaughtered by farmers- None of the provisions of this act shall be SO . Con- strued as to apply to any cattle, sheep, or SWine slaughtered by any farmer upon his farm, which may be transported from One State or Territory or the District of Columbia into another State or Territory or the District of Columbia: Provided, however, That if the carcasses of such cattle, sheep, or SWine go to any packing or canning establishment and are intend- ed for transportation to any other State or Terri- tory or the District of Columbia as hereinbefore pro- vided, they shall there be subject to the post mortem examination provided for in sections three and four . of this act. (March 3, 1891, c. 555, § 7, 26 Stat. 1091.) § 8715. Regulations to preveat transporta- tion of condemned carcasses—The Secretary Of Ag- riculture is hereby authorized to make such rules and regulations as he may decide to be necessary to pre- vent the transportation from One State or Territory Orº the District of Columbia into any other State or Terri- tory or the District of Columbia, or to any foreign country, of the condemned carcasses or parts of car- casses of cattle, sheep, and swine, which have been in- spected in accordance with the provisions of this Act. Any person, company, or corporation owning or Operat- ing any such slaughter-house, abattoir, or meat curing, packing, or canning establishment, or any employee Of the same, that shall willfully violate any provision of this Act shall be deemed guilty of a misdemeanor. and, on conviction thereof, shall be punished for each offense by a fine not exceeding one thousand dollars or imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. (March 2, 1895, c. 169, 28 Stat. 732.) § 8716. Inspection of dairy products for ex- port; Aet March 3, 1891, e. 555 made applica- ble—The Act of March third, eighteen hundred and ninety-one, as amended March second, eighteen hun- dred and ninety-five, for the inspection of live cattle and products thereof, shall be deemed to include dairy products intended for exportation to any foreign country, and the Secretary of Agriculture may apply, 8719. Regulations for carrying out provisions of act; under rules and regulations to be prescribed by him, the provisions of said Act for inspection and certifica- tion appropriate for ascertaining the purity and qual- ity of such products, and may cause the same to be SO marked, stamped, or labeled as to secure their iden- tity and make known in the markets of foreign coun- tries to which they may be sent from the United States their purity, quality, and grade; and all, the provisions of said Act relating to live cattle and products thereof for export shall apply to dairy prod- ucts so inspected and certified. (May 23, 1908, c. 192, 35 Stat. 254) Chapter B—Food, Drugs, and Liquors Sec. - - - 8717. Manufacture of adulterated or misbranded foods or drugs, in Territories or District of Columbia. 8718. Interstate or foreign commerce in adulterated or mis- - branded foods or drugs; shipment or delivery of a . misdemeanor; articles for export. collec- tion and examination of specimens. - 8720. Making of examination of specimens; notice of adulter- ation or misbranding, and hearing thereon; certifica- * violations to district attorney; notice of judg- In eIll. 8721. Duty of district attorneys to prosecute. 8722. Terms “drug” and “food” defined. 8723. Articles deemed adulterated. - 8724. Definition of term “misbranded” as used in act. 8725. Guaranty as protection to dealer from prosecution. 8726. Seizure of articles for condemnation; disposition; de- - livery to owner on bond; proceedings. . 8727. Examination of samples of imports, on notice to owner Or consignee; refusal of admission and delivery to consignee; delivery to consignee pending examina- tion and decision on bond; charges for storage and lien therefor. - 8728. Definitions. - 8729. Introduction into State or Territory from other, or sale in Territory or District of Columbia, of dairy or food products falsely labeled or branded as to State or Territory in which made, produced, or grown. 8730. Same; penalty; jurisdiction of prosecutions. 8731. Suspension of importation of adulterated articles. 8732. [Transferred.] - 8733. Grades for apples in interstate commerce established. 8734. Same; branding grades on barrels. - 8735. [Transferred.] - 8736. Same; barrels misbranded. 8737. Same; penalty for violations of act. 8738. Original packages of intoxicating liquors transported into a State subject to its police powers. - 8739. Shipment of intoxicating liquors into a State in viola- tion of law thereof. - 8739a. Transportation of intoxicating liquors into prohibition - States. - 8739b. Importation of distilled spirits. 8740. OleOmargarine, butterine, or imitation butter or cheese transported into a State, subject to its police powers. 8740a. Investigations of tests applied to American food prod- ucts in foreign countries, and inspection before ship- Iments. § 8717. Manufacture of adulterated or mis- branded foods or drugs, in Territories or District of Columbia—It shall be unlawful for any person to manufacture within any Territory or the District of Columbia any article of food or drug which is adulter- ated or misbranded, within the meaning of this Act ; and any person who shall violate any of the provi- Sions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars Or shall be Sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction there- of shall be fined not less than one thousand dollars Or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court. (June 30, 1906, c. 3915, § 1, 34 Stat. 768.) § 8718. Interstate or foreign commerce in adulterated or misbranded foods or drugs; ship- ment or delivery of a misdemeanor; articles for export—The introduction into any State or Territory or the District of Columbia from any other State or Territory Or the District of Columbia, or from any foreign Country, Or shipment to any foreign Country of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby Ch. B) 3 8.723 INTERSTATE AND FOREIGN COMMERCE [Page 1399] prohibited; and any person who shall ship or de- liver for shipment from any State or Territory or the District of Columbia to any other State or Terri- tory or the District of Columbia, or to a foreign coun- try, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in Orig- inal unbroken packages, for pay or otherWise, or Of- fer to deliver to any other person, any such article SO adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia. Or the Territories Of the United States any such adulterated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misde- meanor, and for such offense be fined not exceeding two hundred dollars for the first Offense, and upon Conviction for each subsequent Offense not exceed- ing three hundred dollars or be imprisoned not ex- ceeding one year, or both, in the discretion of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country and prepared or packed according to the Specifications or directions of the foreign purchaser when no substance is used in the preparation Or packing thereof in conflict with the laws of the for- eign country to which said article is intended to be Shipped ; but if said article shall be in fact sold or Offered for sale for domestic use Or Consumption, then this proviso shall not exempt said article from the Operation of any of the other provisions of this Act. (June 30, 1906, c. 3915, § 2, 34 Stat. 768.) $ 8719. Regulations for carrying out provi- sions of act; collection and examination of speci- mens—The Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of foods and drugs manufactured or offered for sale in the Dis- trict of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produc- ed, or which shall be received from any foreign coun- try, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Ter- ritory, or the District of Columbia, or at any domestic or foreign port through which such product is offer- ed for interstate commerce, Or for export Or import between the United States and any foreign port Or country. (June 30, 1906, c. 3915, § 3, 34 Stat. 768.) § 8720. Making of examination of specimens; notice of adulteration or misbranding and hear- ing thereon; certification of violations to dis- trict attorney'; notice of judgment—The examina- tions of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department Of Ag- riculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulter- ated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Secretary of Ag- riculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an Opportunity to be Heard, under Such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at Once Certify the facts to the proper United States district attorney, with a copy of the results of the analysis Or the examination of such article duly au- thenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by pub- lication in such manner as may be prescribed by the rules and regulations aforesaid. (June 30, 1906, C. 3915, § 4, 34 Stat. 769.) § 8721. Duty of district attorneys to prose- cute—It shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any health Or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such Case herein provided. (June 30, 1906, c. 3915, § 5, 34 Stat. 769.) § 8722. Terms “drug” and “food” defined— The term “drug,” as used in this Act, shall include all medicines and preparations recognized in the Unit- ed States Pharmacopoeia or National Formulary for internal or external use, and any substance or mix- ture of Substances intended to be used for the Cure, mitigation, or prevention of disease of either man Or other animals. The term “food,” as used herein, shall include all articles used for food, drink, COIn- fectionery, or condiment by man or other animals, -- - - - -- "- (June 30, 1906, c. 3915, § 6, 34 Stat. 769.) § 8.723. Articles deemed adulterated—For the purposes of this Act an article shall be deemed to be adulterated. Drugs—In case of drugs: Difference from recognized standard; state- ment on bottle, in box, as to—First. If, When a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, Or purity, as determined by the test laid down in the United States Pharmacopoeia Or National Forlìnulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adul- terated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia Or National Formulary. Below professed standard—Second. If its strength or purity fall below the professed standard or qual- ity under which it is sold. Confectionery—In the case Of Confectionery: Mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or nar- cotics—If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detri- mental to health, or any Vinous, malt or spirituous liquor or compound or narcotic drug. Food—In the case of food: Injurious mixtures—First. If any substance has been mixed and packed with it so as to reduce or low- er or injuriously affect its quality or strength. Substitutes—Second. If any substance has been Substituted wholly or in part for the article. Valuable constituents abstracted—Third. If any valuable constituent Of the article has been wholly or in part abstracted. Damage or inferiority concealed—Fourth. If it be mixed, colored, powdered, Coated, or stained in a manner whereby damage or inferiority is concealed. Deleterious ingredients added; preservatives of products for shipment, necessarily removed when ready for consumption—Fifth. If it contain any added poisonous or other added deleterious in- gredient which may render such article injurious to health: Provided, That when in the preparation of food products for shipment they are preserved by any 3 S723 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE external application applied in such manner that the preservative is necessarily removed mechanically, Or by maceration in water, or otherwise, and direc- tions for the removal of said preservative shall be printed on the covering or the package, the provi- Sions Of this Act shall be construed as applying only When Said products are ready for consumption. Pilthy substances, portions of animals unfit for food, and products of animals diseased or having died otherwise than by slaughter—Sixth. If it consists in whole or in part of a filthy, decom- posed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether man- ufactured or not, or if it is the product of a diseased animal, or One that has died otherwise than by slaugh- ter. (June 30, 1906, c. 3915, § 7, 34 Stat. 769.) $ 8724. Definition of term “misbranded” as used in act—The term “misbranded,” as used herein, Shall apply to all drugs, or articles of food, or articles Which enter into the composition of food, the package Or label of which shall bear any statement, design, or device regarding such article, or the ingredients or Substances Contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Ter- ritory, or Country in which it is manufactured or pro- CluCed. - - That for the purposes of this Act an article shall also be deemed to be misbranded: Drugs—In case of drugs: * Imitation or use of name of other article—First. If it be an imitation of or offered for sale under the Iname of another article. Removal and substitution of contents of pack- age, or failure to state on label quantity or pro- portion of narcotics therein—Second. If the con- tents Of the package as originally put up shall have been removed, in whole or in part, and other contents Shall have been placed in such package, or if the package fail to bear a statement on the label of the Quantity Or proportion of any alcohol, morphine, Opium, COCaine, heroin, alpha or beta eucaine, chloro- form, Cannabis indica, chloral hydrate, or acetanilide, Or any derivative or preparation of any such sub- Stances COntained therein. False statement of curative or therapeutic ef- fect—Third. If its package or label shall bear or con- tain any Statement, design, or device regarding the Curative Or therapeutic effect of such article or any Of the ingredients or substances contained therein, Which is false and fraudulent. Foods—In the Case of food: Imitation or use of name of other article—First. If it be an imitation of or offered for sale under the distinctive name of another article. False label or brand removal and substitution of contents of package, or failure to state on label quantity or proportion of narcotics therein —Second. If it be labeled or branded so as to deceive Or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the pack- age as originally put up shall have been removed in whole or in part and other contents shall have been placed in Such package, or if it fail to bear a state- ment on the label of the quantity or proportion of any morphixae, Opium, COGaine, heroin, alpha or eucane, Chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any Of such substances COntained therein. Packages not Imarked with weight; variations and exemptions permitted—Third. If in package form, the quantity of the contents be not plainly and Conspicuously marked on the Outside of the package in terms Of Weight, measure, or numerical count: Provided, however, that reasonable variations Shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section three of this Act. t [Page 1400] . beta . False or misleading statements on package or label as to ingredients or substances—Fourth. If the package containing it or its label shall bear any Statement, design, or device regarding the ingredients Or the Substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, That an article of food which Goes not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: Mixtures or compounds under distinctive names –First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a state- ment Of the place where said article has been manu- factured or produced. Articles labeled, branded as compounds, imita- tions, or blends; construction of term “blend;” disclosure of trade formulas of proprietary foods —Second. In the case of articles labeled, branded, or tagged SO as to plainly indicate that they are com- pounds, imitations, or blends, and the word “com- pound,” “imitation,” or “blend,” as the case may be, is plainly stated on the package in which it is offered for Sale: Provided, That the term blend as used here- in shall be construed to mean a mixture of like sub- Stances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and fia- Voring only: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding. (June 30, 1906, c. 3915, § 8, 34 Stat. 771, amended, Aug. 23, 1912, c. 352, 37 Stat. 416, and March 3, 1913, c. 117, 37 Stat. 732.) § 8725. Guaranty as protection to dealer from prosecution—No dealer shall be prosecuted under the provisions Of this Act when he can establish a guar- anty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from Whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address Of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this act. (June 30, 1906, c. 3915, § 9, 34 Stat. 771.) § 8726. Seizure of articles for condemnation; dispesition; delivery to owner on bond; proceed- ings—Any article of food, drug, or liquor that is adul- terated or misbranded within the meaning of this Act, and is being transported from one State, Terri- tory, District, or insular possession to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be Sold Or offered for sale in the District Of Columbia or the Territories, Or insular possessions Of the Unit- ed States, or if it be imported from a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the dis- trict where the same is found, and seized for confisca- tion by a process of libel for condemnation. And if Such article is condemned as being adulterated Or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Ch. B) 3 8736 INTERSTATE AND FOREIGN COMMERCE: [Page 1401] Act or the laws of that jurisdiction: Provided, how- ever, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed Of Contrary to the provisions of this Act, or the laws of any State, Territory, District, or insular possession, the Court may by order direct that such articles be delivered to the owner thereof. The proceedings of Such libel cases shall conform, as near as may be, to the pro- ceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the Suit of and in the name of the United States. (June 30, 1906, c. 3915, § 10, 34 Stat. 771.) § 8727. Examination of samples of imports on notice to owner or consignee; refusal of ad- mission and delivery to consignee; delivery to consignee pending examination and decision on bond; charges for storage and lien therefor—The Secretary of the Treasury shall deliver to the Secre- tary of Agriculture, upon his request from time to time, samples of foods and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, Who may appear before the Secretary of Agriculture, and have the right to introduce testimony, and if it ap- pear from the examination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded with- in the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, Or is of a kind forbidden entry into, Or forbidden to be sold or restricted in sale in the Country in which it is made or from which it is exported, Or is other- wise falsely labeled in any respect, the said article shall be refused admission, and the Secretary Of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused de- livery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary Of the Treasury may prescribe: Provided, That the Sec- retary of the Treasury may deliver to the consignee such goods pending examination and decision in the matter on execution of a penal bond for the amount Of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of exclud- ing them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, Cartage, and labor On goods which are re- fused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. (June 30, 1906, c. 3915, § 11, 34 Stat. 772.) § 8728. Definitions—The term “Territory” as used in this Act shall include the insular possessions of the United States. The word “person” as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include Corporations, companies, societies and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or em- ployed by any Cofporation, company, society, or as- Sociation, Within the scope of his employment or office, Shall in every case be also deemed to be the act, omis- Sion, or failure of such corporation, company, society, or association as well as that of the person. (June 30, 1906, c. 3915, § 12, 34 Stat. 772.) $ 8729. Introduction into State or Territory from other, or sale in Territory or District of Columbia, of dairy or food products falsely la- beled or branded as to State or Territory in which made, produced, or grown—No person or per- SOns, company or corporation, shall introduce into any State Or Territory of the United States or the District of Columbia from any other State or Territory of the |United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled Or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. (July 1, 1902, c. 1357, § 1, 32 Stat. 632.) § -8730. Same; penalty; jurisdiction of prose- cutions—If any person or persons violate the provi- Sions of this Act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that the juris- diction for the prosecution of said misdemeanor shall be within the district Of the United States Court in which it is committed. (July 1, 1902, c. 1357, § 2, 32 Stat. 632.) § 8731. Suspension of importation of adul- terated articles—Whenever the President is Satisfied that there is good reason to believe that any impor- tation is being made, or is about to be made, into the United States, from any foreign country, of any ar- ticle used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such im- portation; and during such period it shall be unlaw- ful to import into the United States from the Coun- tries designated in the proclamation of the President any of the articles the importation of which is so sus- pended. (Aug. 30, 1890, c. 839, § 4, 26 Stat. 415.) § 8732. [Transferred.] This section, which was section 1 of Act Aug. 3, 1912, C. 273, fixing a standard barrel for apples, has been trans- º post to Title LVI I, “Weights and Measures,’’ $ § 8733. Grades for applies in interstate com- merce, established—The standard grades for apples when packed in barrels which shall be shipped or de- livered for Shipment in interstate Or foreign Commerce, Or which shall be SOld Or Offered for sale Within the District Of Columbia. Or the Territories Of the United States shall be as follows: Apples of One variety, which are well-grown specimens, hand picked, of good Color for the variety, normal shape, practically free from insect and fungous injury, bruises, and Other defects, except such as are necessarily Caused in the Operation of packing, Or apples Of One Variety which are not more than ten per centum below the foregoing specifications shall be “Standard grade mini- mum size tWO and One-half inches,” if the Iminimum size of the apples is two and One-half inches in trans- verse diameter; “Standard grade minimum size two and One-fourth inches,” if the minimum size of the apples is two and One-fourth inches in transverse diam- eter; or “Standard grade Iminimum size two inches,” if the minimum size of the apples is two inches in transverse diameter. (Aug. 3, 1912, c. 273, § 2, 37 Stat. 250.) § 8734. Same; branding grades on barrels— The barrels in which apples are packed in accordance with the provision Of this Act may be branded in ac- Cordance with section two of this Act. (Aug. 3, 1912, c. 273, § 3, 37 Stat. 251.) § 8735. [Transferred.] This section, which was section 4 of Act Aug. 3, 1912, c. 273, relating to the marking of barrels below the fixed standard, has been transferred post to Title LVI I, “Weights and Measures,” $ 8907b. § 8736. Same; barrels misbranded—Barrels packed with apples shall be deemed to be misbranded Within the meaning of this Act— First. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard” grade and the apples when packed do 3 8736 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1402] not conform to the requirements prescribed by section two of this Act. . Second. If the barrel bears any statement, design, Or device indicating that the apples contained there- in are “Standard” grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked. (Aug. 3, 1912, C. 273, § 5, 37 Stat. 251.) •. § 8737. Same; penalty for violations of act— Any person, firm or corporation, or association who shall knowingly pack or cause to be packed apples in barrels Or Who shall knowingly sell or offer for sale such barrels in violation of the provisions Of this Act shall be liable to a penalty Of One dollar and COsts for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any Court of the United States having jurisdiction. (Aug. 3, 1912, c. 273, § 6, 37 Stat. 251.) - - § 8738. Original packages of intoxicating liquors transported into a State subject to its police powers—All fermented, distilled, or other in- toxicating liquors or liquids transported into any State or Territory or remaining therein for use, consump- tion, sale or storage therein, shall upon arrival in such State or Territory be subject to the Operation and effect of the laws of such State or Territory enact- ed in the exercise Of its police powers, to the Same extent and in the same manner as though such liq- uids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by rea- son of being introduced therein in Original packages or otherwise. (Aug. 8, 1890, c. 728, 26 Stat. 313.) § 8739. Shipment of intoxicating liquors in- to a State in violation of law thereof—The ship- ment or transportation, in any manner Or by any means whatsoever, of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from One State, Territory, Or District of the United States, Or place noncontiguous to but Subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontigu- OuS to but Subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or Dis- trict of the United States, Or place nonCOntiguous to but subject to the jurisdiction thereof, which said Spirituous, Vinous, malted, fermented, or other intoxi- Cating liquor is intended, by any person interested therein, to be received, possessed, sold, or in any man- ner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontigu- Ous to but subject to the jurisdiction thereof, is here- by prohibited. (March 1, 1913, c. 90, 37 Stat. 699.) § 8739a. Transportation of intoxicating liq- uors into prohibition States—Whoever shall order, purchase, Or Cause intoxicating liquors to be trans- ported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory the laws of which State or Territory prohibit the manufacture or Sale therein of intoxicating liquors for beverage purposes shall be punished as aforesaid: Provided, That nothing here- in shall authorize the shipment of liquor into any State contrary to the laws of such State. (March 3, 1917, c. 162, § 5, 39 Stat. 1069.) - $ 8739 b. Importation of distilled spirits—No distilled spirits produced after the passage of this Act shall be imported into the United States from any foreign Country, or from the West Indian Islands re- cently acquired from Denmark (unless produced from products the growth of such islands, and not then in- to any State or Territory or District of the United States in which the manufacture or sale of intoxicat- ing liquor is prohibited), or from Porto Rico, or the Philippine Islands. Under such rules, regulations, and bonds as the Secretary of the Treasury may pre- scribe, the provisions of this section shall not apply to distilled spirits imported for other than (1) bev- erage purposes or (2) use in the manufacture or pro- duction of any article used Or intended for use as a beverage. (Oct. 3, 1917, c. 63, § 301, 40 Stat. 308.) § 8740. Oleomargarine, butterine, or imita- tion butter or cheese transported into a State subject to its police powers—All articles. Known as Oleomargarine, butterine, imitation, process, renovat- ed, or adulterated butter, or imitation Cheese, or any substance in the semblance of butter or cheese not the usual product of the dairy and not made exclu- sively of pure and unadulterated milk or cream, trans- ported into any State or Territory or the District of Columbia, and remaining therein for use, Consumption," sale, or storage therein, shall, upon the arrival within the limits of Such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or substances had been pro- duced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by rea- Son of being introduced therein in original packages or otherwise. (May 9, 1902, c. 784, § 1, 32 Stat. 193.) See Title XXXV, Internal Revenue, chapter 7A. § 8740a. Investigations of tests applied to American food products in foreign countries, and . inspection before shipments—For investigating the character of the chemical and physical tests which are applied to American food products in foreign Countries, and for inspecting the same before ship- ment when desired by the shippers or owners of these products intended for countries where chemical, and physical tests are required before the said products are allowed to be sold therein: Provided, That here- after, no certificate of results of any such inspection shall issue unless the Owner or his agent shall first pay to the Secretary of Agriculture, at a price to be determined and established by the Secretary, the ac- tual cost of the inspection, the money received to be deposited in the Treasury Of the United States as Imiscellaneous receipts; and for all necessary ex- penses in connection with such inspection and studies of methods of analysis in foreign countries, $4,280. (March 4, 1915, c. 144, 38 Stat. 1102.) Chapter C—Seeds, Grains, and Other Sec. , Agricultural Products 8741. Tests of seeds for adulterations. 8742. Establishing standards for grades of cotton. 8743. Examinations of and reports on samples of seed or - grain; fixing grades; certificates. 8744. Importation of grain and seeds adulterated or unfit for seeding; regulations to prevent; importation in bond for re-cleaning. - 8745. Seed considered adulterated. 8746. Seed considered unfit for seeding. 8747. Violations of act; punishment; for manufacture. - 8747.a. Seed § vetch and ryegrass within Act Aug. 24, 1912, sale of seed imported C. * 8747b. Seeds deemed unfit for seeding. $ 8741. Tests of seeds for adulterations—The Secretary of Agriculture is hereby directed to obtain in the open market, samples of seeds of grass, clover, or alfalfa, test the same, and if any such seeds are found to be adulterated or misbranded, or any seeds of Canada blue grass (Poa Compressa) are obtained under any other name than Canada blue grass or Poa. compressa, to publish the results of the tests, together with the names of the persons by whom the seeds were offered for sale. (April 23, 1904, c. 1486, 33 Stat. 283.) - \- § 8742. Establishing standards for grades of cotton—To enable the Secretary of Agriculture to establish a standard for the different grades of cot- ton, calling to his assistance for that purpose expert Ch. D) 3 8747b INTERSTATE AND FOREIGN COMMERCE IIPage 14031 Cotton classifiers, by fixing a standard of middling Cotton and, using the same as a basis, establishing a Standard of nine different grades to be designated middling fair, Strict good middling, good middling, strict middling, middling, strict low middling, low middling, strict good ordinary, and good Ordinary, Which shall be the Official Standard Of Cotton Classifi- Cations. And the Secretary of Agriculture is author- ized and directed to prepare in practical form the Standard of Said grades and furnish the same upon request to any person, the cost thereof to be paid, When delivered, by the person requesting the same, and Certified under the signature of the said Secretary and the seal of his Department. (May 23, 1908, c. 192, 35 Stat. 256.) See § 6309.j. $ 8743. Examinations of and reports on sam- ples of seed or grain; fixing grades; certificates —To enable the Secretary of Agriculture to establish and maintain, at Such points as he may deem expedi- ent, laboratories for the purpose of examining and Teporting upon the nature, quality, and condition of any Sample, parcel, Or COnsignment of seed or grain, including rent and the employment of labor in the City of Washington and elsewhere; and the Secretary Of Agriculture is authorized to report upon such sam- ples, parcels, or consignments, from time to time, and the reports so made shall serve as a basis for the fix- ing of definite grades, and also for the issuance of Certificates of inspection when requested by the con- Signor or consignee of any grain entering into foreign Commerce. (May 23, 1908, c. 192, 35 Stat. 257.) $ 8744. Importation of grain and seeds adul- terated or unfit for seeding; regulations to pre- vent; importation in bond for re-cleaning—From and after six months after the passage of this Act the importation into the United States of Seeds of alfalfa, barley, Canadian blue grass, Kentucky blue grass, awnless brome grass, buckwheat, clover, field COrn, Kafir corn, meadow fescue, flax, millet, oats, Orchard grass, rape, redtop, rye, sorghum, timothy, and Wheat, or mixtures of seeds containing any of Such Seeds as One of the principal component parts, which are adulterated or unfit for seeding purposes under the terms of this Act, is hereby prohibited ; and the Secretary of the Treasury and the Secretary of Agriculture shall, jointly or severally, make such rules and regulations as will prevent the importation of such seeds into the United States: Provided, how- ever, That Such Seed may be delivered to the Owner Or Consignee thereof under bond, to be recleaned in accordance with and Subject to Such regulations as the Secretary of the Treasury may prescribe, and when Cleaned to the Standard Of purity Specified in this Act for admission into the United States Such seed may be released to the Owner or consignee there- Of after the SCreenings and Other refuse removed from Such seed shall have heen disposed Of in a manner prescribed by the Secretary of Agriculture: Provided further, That this Act shall not apply to the importa- tion of barley, buckwheat, field corn, Kafir corn, sor- ghum, flax, oats, rye, or wheat not intended for seeding purposes, when shipped in bond through the United States or imported for the purpose of manufacture, but such shipment shall be subject to provisions of the Act of August fifth, nineteen hundred and nine. (Aug. 24, 1912, c. 382, § 1, 37 Stat. 506.) § 8745. Seed considered adulterated—Seed shall be considered adulterated within the meaning Of this Act— First. When seed Of red clover Contains more than three per centum by weight of seed of yellow trefoil, or any other seed of similar appearance to and of lower market Value than seed of red clover. Second. When seed of alfalfa contains more than three per centum by weight of seed of yellow trefoil, burr clover and 'sweet clover, singly or combined. Third. When any kind or variety of the Seeds, or any mixture described in section One of this Act, Con- tains more than five per centum by weight of seed of another kind or variety of lower market Value and of similar appearance: Provided, That the mixture of the Seed of white and alsike clover, red and alsike Clover, or alsike clover and timothy, shall not be deemed an adulteration under this section. (Aug. 24, 1912, c. 382, § 2, 37 Stat. 507.) § 8746. Seed considered unfit for seeding— Seed shall be COnsidered unfit for Seeding purposes within the meaning Of this Act— First. When any kind or variety of clover or al- falfa. Seed Contains more than One seed of dodder to five grams Of ClOver Or alfalfa. Seed, respectively. . Second. When any kind or variety of the seeds or any mixture described in Section One of this Act Con- tains more than three per centum by weight of Seeds Of weeds. (Aug. 24, 1912, c. 382, § 3, 37 Stat. 507.) § 8747. Violations of act; punishment ; sale of seed imported for manufacture—Any person Or persons who shall knowingly violate the provisions Of this Act, shall be deemed guilty of a misdemeanor and shall pay a fine Of not exceeding five hundred dollars and not less than two hundred dollars: Pro- Vided, That any person Or persons who shall know- ingly sell for seeding purposes seeds or grain which Were imported under the provisions of this Act for the purpose Of manufacture shall—be deemed guilty Of a violation of this Act. (Aug. 24, 1912, c. 382, § 4, 37 Stat. 507.) § 8747.a. Seed of vetch and ryegrass within Act Aug. 24, 1912, c. 382–Hereafter, the provi- SiOns Of Said Act approved August twenty-fourth, nineteen hundred and twelve, shall be applied to seed Of Vetch and ryegrass. (Aug. 11, 1916, c. 313, 39 Stat. 453.) $ 874.7b. Seeds deemed unfit for seeding— Hereafter, when any kind or variety or mixture of the Seeds subject to the provisions of said Act of Au- gust twenty-fourth, nineteen hundred and twelve, as hereby amended, shall contain less than sixty-five per Centum of live pure seed as distinguished from dead Seed, chaff, dirt, other seeds, or foreign matter, Such Seeds or mixtures thereof shall be deemed unfit for Seeding purposes within the meaning of said Act approved August twenty-fourth, nineteen hundred and tWelve, and the importation of Such seed or mixture thereof is prohibited: Provided, however, That seed of Kentucky blue grass and seed of Canada blue grass Shall not be considered unfit for seeding purposes When they contain fifty per centum or more of live pure seed. (Aug. 11, 1916, c. 313, 39 Stat. 453.) Chapter D–Grain Standards This chapter consists of provisions of the agricultural appropriation act for the fiscal year 1917, Act Aug. 11, 1916, c. 313, 39 Stat. 482-485. The provisions set forth here Were preceded by the following paragraph: “Part B “That this Part, to be known as the United States grain standards Act, be and is hereby enacted, to read and be effective hereafter as follows:” Sec. 8747%. [Sec. 1.] Short title of act; “person” and “in inter- state or foreign commerce” defined; act or omission of association or corporation. [Sec. 2..] Investigation of handling, grading, and transportation of grain; fixing standards of qual- ity and condition of corn; alteration of standards. [Sec. 3..] Official grain standards of United States. [Sec. 4.] Shipment or delivery for shipment of grain; inspection and grading and conformity to grades fixed; sale by sample; place of inspection; rules and regulations; appeals; shipment without in- spection subject to reference of disputes as to grade; reference in certificate or contract of Sale to grain as of grade other than fixed in official grain standards. [Sec. 5.] Representation of grains shipped as of grade other than shown by certificate; examination cer- tified to conform to grade fixed by official stand- 8747%a. 8747%b. 8747%.C. 8747%d. ards; hearing and findings. [Sec. 6..] Appeal to Secretary of Agriculture of dis- putes as to whether grade conforms to standard; findings as to grade prima facie evidence. 8747%.e. 3 87.47% (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1404I Sec. . 87.47%f. [Sec. 7..] Inspectors; license; issue by Secretary of Agriculture; certificates of grade by unlicensed persons; licenses to persons in employ of State grain inspection departments; Suspension or revo- cation of licenses; interest in grain elevator by in- spector; records and reports; publication of Sum- maries of information. 8747%g. [Sec. 8.] Rules and regulations to carry out provi- SIOIlS. 8747%h. [Sec. 9..] Violations of sections 4 and 7, improper in- spection or grading, giving false certificate, accept- ing money for neglect or improper performance of duty, or improperly influencing inspector. 874.71%i. [Sec. 10.] Assaulting or resisting officer or employé of Department in execution of duties. 8747%j. [Sec. 11.1 Effect of partial invalidity of act. 874.73%k. [Sec. 12.] Appropriation to carry act into effect. § 87.47%. [Sec. 1.] Short title of act; “per- son” and “in interstate or foreign commerce” defined; act or omission of association or corpo- ration—This Act shall be known by the Short title of the “United States grain standards Act.” The word “person,” wherever used in this Act, Shall be construed to import the plural or singular, as the case demands, and shall include individuals, asso- ciations, partnerships, and corporations; the Words “in interstate or foreign commerce,” wherever used in this Act, mean, “from any State, Territory, or Dis- trict to or through any other State, Territory, or DiS- trict, or to or through any foreign country, Or within any Territory or District.” When construing and en- forcing the provisions of this Act, the act, Omission, or failure of any official, agent, or other perSon act- ing for or employed by any association, partner- ship, or corporation within the scope of his employ- ment or office shall, in every case, also be deemed the act, omission, or failure of such association, part- nership, or corporation as well as that of the perSOn. (Aug. 11, 1916, c. 313, 39 Stat. 482.) § 87.47%a. ISec. 2.1 Investigation of han- dling, grading, and transportation of grain; fix- ing standards of quality and condition of corn; alteration of standards—The Secretary of Agricul- ture is hereby authorized to investigate the handling, grading, and transportation of grain and to fix almd establish as soon as may be after the enactment hereof standards of quality and condition for corn (maize), wheat, rye, oats, barley, flaxseed, and Such other grains as in his judgment the usages of the trade may warrant and permit, and the Secretary of Agriculture shall have power to alter or modify Such standards whenever the necessities Of the trade may require. In promulgating the standards, Or any altera- tion or modification of Such standards, the Secretary shall specify the date or dates when the same shall become effective, and shall give public notice, not less than ninety days in advance of such date or dates, by such means as he deems proper. (Aug. 11, 1916, c. 313, 39 Stat. 482.) § 87.47%b. [Sec. 3. I Official grain standards of United States—The standards so fixed and estab- lished shall be known as the Official grain Standards of the United States. (Aug. 11, 1916, c. 313, 39 Stat. 483.) See §§ 87.47%i, 87.47%ii. - $ 87.47%.c. [Sec. 4.I Shipment or delivery for shipment of grain; inspection and grading and conformity to grades fixed; sale by sample; place of inspection; rules and regulations; appeals; shipment without inspection subject to reference of disputes as to grade; reference in certificate or contract of sale to grain as of grade other than fixed in official grain standards--Whenever Standards shall have been fixed and established under this Act for any grain no person thereafter shall ship Or deliver for shipment in interstate or foreign com- merce any such grain which is sold, offered for sale, or consigned for sale by grade unless the grain shall have been inspected and graded by an inspector li- censed under this Act and the grade by which it is SOld, Offered for sale, or consigned for sale be one of the grades fixed therefor in the official grain stand- ards of the United States: Provided, That any per- . son may sell, offer for sale, or consign for Sale, ship or deliver for shipment in interstate or foreign com- merce any such grain by sample or by type, or under any name, description, or designation which is not false or misleading, and which name, description, Or designation does not include in whole or in part the terms of any official grain standard of the United States: Provided further, That any such grain Sold, offered for sale, or consigned for sale by grade may be shipped or delivered for shipment in interstate or for- eign commerce without inspection at point of ship- ment by an inspector licensed under this Act, to Or through any place at which an inspector licensed un- der this Act is located, subject to be inspected by a licensed inspector at the place to which shipped Or at Some convenient point through which shipped for in- Spection, which inspection shall be under such rules and regulations as the Secretary of Agriculture shall prescribe, and subject further to the right of appeal from such inspection, as provided in section six of this Act: And provided further, That any such grain sold, offered for sale, or consigned for sale by any of the grades fixed therefor in the official grain stand- ards may, upon compliance with the rules and regu- lations prescribed by the Secretary of Agriculture, be shipped in interstate or foreign commerce without in- Spection from a place at which there is no inspector licensed under this Act to a place at which there is no Such inspector, subject to the right of either party to the transaction to refer any dispute as to the grade of the grain to the Secretary of Agriculture, who may determine the true grade thereof. No per- SOn shall in any certificate or in any contract or agreement of sale or agreement to sell by grade, ei- ther oral or written, involving, or in any invoice or bill of lading or other shipping document relating to, the shipment or delivery for shipment, in interstate Or foreign commerce, of any grain for which stand- ards shall have been fixed and established under this Act, describe, or in any way refer to, any of such grain as being of any grade other than a grade fixed therefor in the official grain standards of the United States. (Aug. 11, 1916, c. 313, 39 Stat. 483.) $ 87.47%d. ISec. 5.1 Representation of grains shipped as of grade other than shown by certifi- cate; examination certified to conform to grade fixed by official standards; hearing and findings —No person, except as permitted in section four, shall represent that any grain shipped or delivered for Shipment in interstate or foreign commerce is of a grade fixed in the Official grain standards other than as shown by a certificate therefor issued in compli- ance with this Act; and the Secretary of Agriculture is authorized to cause examinations to be made of any grain for which standards shall have been fixed and established under this Act, and which has been certi- fied to Conform to any grade fixed therefor in Such official grain standards, or which has been shipped or delivered for shipment in interstate or foreign Com- merce. Whenever, after opportunity for hearing is given to the owner or shipper of the grain involved, and to the inspector thereof if the same has been in- Spected, it is determined by the Secretary that any quantity of grain has been incorrectly certified to conform to a specified grade, or has been sold, offered for sale, or consigned for sale under any name, de- scription, or designation which is false or misleading, he may publish his findings. (Aug. 11, 1916, c. 313, 39 Stat. 483.) § 87.47%.e. [Sec. 6. I Appeal to Secretary of Agriculture of disputes as to whether grade con- forms to standard; findings as to grade prima facie evidence—Whenever standards shall have been fixed and established under this Act for any grain and any quantity of such grain sold, offered for sale, or consigned for sale, or which has been shipped, or delivered for shipment in interstate or foreign com. Ch. D) & 87.47%k INTERSTATE AND FOREIGN COMMERCE IPage 1405] merce shall have been inspected and a dispute arises as to whether the grade as determined by Such inspec- tion of any such grain in fact conforms to the stand- ard of the specified grade, any interested party may, either with Or Without reinspection, appeal the ques- tion to the Secretary of Agriculture, and the Secre- tary of Agriculture is authorized to cause such in- Vestigation to be made and such tests to be applied as he may deem necessary and to determine the true grade: Provided, That any appeal from such inspec- tion and grading to the Secretary of Agriculture shall be taken before the grain leaves the place where the inspection appealed from Was made and before the identity of the grain has been lost, under Such rules and regulations as the Secretary Of Agriculture shall prescribe. Whenever an appeal shall be taken or a dispute referred to the Secretary of Agriculture under this Act, he shall charge and assess, and cause to be Collected, a reasonable fee, in amount to be fixed by him, Which fee, in case of an appeal, shall be refund- ed if the appeal is sustained. All such ſees, not so re- funded, shall be deposited and covered into the Treas- ury as miscellaneous receipts. The findings of the Secretary of Agriculture as to grade, signed by him Or by Such officer or officers, agent or agents, of the Department of Agriculture as he may designate, made after the parties in interest have had opportunity to be heard, shall be accepted in the courts of the United States as prima ſacie evidence of the true grade of the grain determined by him at the time and place Specified in the findings. (Aug. 11, 1916, c. 313, 39 Stat. 484.) § 87.47%f. I Sec. 7...I Inspectors; license; is- sue by Secretary of Agriculture; certificates of grade by unlicensed persons; licenses to persons in employ of State grain inspection departments; suspension or revocation of licenses; interest in grain elevator by inspector; records and reports; publication of summaries of information—The Secretary of Agriculture may issue a license to any perSOn, upon presentation to him of satisfactory evi- dence that such person is competent, to inspect and grade grain and to certificate the grade thereof for Shipment or delivery for shipment in interstate or for- eign COmmerce, under this Act and the rules and regu- lations prescribed thereunder. No person authorized Or employed by any State, county, city, town, board Of trade, Chamber of commerce, corporation, society, partnership, or association to inspect or grade grain shall Certify, Or Otherwise state or indicate in Writ- ing, that any grain for shipment or delivery for ship- ment in interstate or foreign commerce, which has been inspected or graded by him, or by any person acting under his authority, is of one of the grades of the official grain standards of the United States, unless he holds an unsuspended and unrevoked license issued by the Secretary of Agriculture: Provided, That in any State which has, or which may here- after have a State grain inspection department estab- lished by the laws of such State, the Secretary of Agriculture shall issue licenses to the persons duly authorized and employed to inspect and grade grain under the laws of such State. The Secretary of Agri- Culture may suspend or revoke any license issued by him under this Act whenever, after opportunity for hearing has been given to the licensee, the Secretary shall determine that such licensee is incompetent or has knowingly Or Carelessly graded grain improperly Or by any other standard than is authorized under this Act, or has issued any false certificate of grade, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has violated any provision of this Act or Of the rules and regulations made here- under. Pending investigation the Secretary of Agri- culture, whenever he deems necessary, may suspend a license temporarily Without hearing: Provided fur- ther, That no person licensed by the Secretary of Agriculture to inspect or grade grain or employed by him in carrying out any of the provisions of this Act Shall, during the term of such license or employment, be interested, financially or otherwise, directly or in- directly, in any grain elevator or warehouse, Or in the merchandising of grain, nor shall he be in the em- ployment of any person or Corporation OWning Or Operating any grain elevator or Warehouse. The Secretary of Agriculture shall require every inspector licensed under this Act to keep complete and Correct records of all grain graded and inspected by him and to make reports to the Secretary Of Agriculture, in such forms and at such times as he may require, showing the place of inspection, the date Of inspection, the name Of the elevator or Warehouse, if any, to which the grain was delivered or from which it was shipped, the kind of grain, the quantity Of each kind, the grade thereof, and such other in- formation as the Secretary of Agriculture may deem Inecessary. The Secretary Of Agriculture, on each first Tuesday in January and each first Tuesday in July Of each year shall make publication of a summary of Such facts as are ascertained, showing in as great detail as possible all the facts, including a summary aS to the amount and grade of grain delivered to the elevator or warehouse and the amount and grade of grain delivered from such elevator or warehouse, and the estimated amount received on sample or type by Such elevator or Warehouse, and the estimated amount delivered therefrom on sample or type. (Aug. 11, 1916, c. 313, 39 Stat. 484.) § 87.47%g. [Sec. 8.I Rules and regulations to carry out provisions—The Secretary of Agricul- ture shall, from time to time, make such rules and regulations as he may deem necessary for the efficient execution of the provisions of this Act. (Aug. 11, 1916, c. 313, 39 Stat. 485.) § 87.47%h. ISee. 9...I Violations of sections 4 and 7, improper inspection or grading, giving false certifieate, accepting money for neglect or improper performance of duty, or improperly in- fluencing inspector—Any person who shall know- ingly violate any of the provisions of sections four Or seven of this Act, Or any inspector licensed under this Act who shall knowingly inspect or grade im- properly any grain which has been shipped or de- livered for shipment in interstate or foreign Com- merce, or shall knowingly give any false certificate Of grade, or shall accept money or other considera- tion, directly or indirectly, for any neglect or improp- er performance of duty, and any person who shall im- properly influence or attempt to improperly influence any such inspector in the performance of his duty, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000, or be im- prisoned not more than one year, or both. (Aug. 11, 1916, c. 313, 39 Stat. 485.) § 87.47%i. ISec. 10. I Assaulting or resisting officer or exmployé of Department in execution of duties—Every person who forcibly assaults, resists, impedes, or interferes with any officer or employee of the United States Department of Agriculture in the execution of any duties authorized to be perform- ed by this Act Or the rules and regulations made here- under shall, upon conviction thereof, be fined not more than $1,000, or be imprisoned not more than One year, or both. (Aug. 11, 1916, c. 313, 39 Stat. 485.) § 87.47%j. ISec. 11.] Effect of partial in- validity of Act—If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, Such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be Confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment shall have been rendered. (Aug. 1.l., 1916, c. 313, 39 Stat. 485.) § 87.47%k. [Sec. 12.1 Appropriation to car- ry Act into effect—There is hereby appropriated, Out & 8747% (Tit. 56B INTERSTATE AND FOREIGN COMMERCE IPage 14061 Of any money in the Treasury not otherwise appro- priated, the sum of $250,000, which shall be avail- able until expended, for the expenses of carrying in- to effect the provisions of this Act, including such rent and the employment of such persons and means as the Secretary of Agriculture may deem necessary in the city of Washington and elsewhere. (Aug. 11, 1916, c. 313, 39 Stat. 485.) Chapter E—Warehouses This chapter consists of provisions of the agricultural appropriation act for the fiscal year 1917, Act Aug. 11, 1916, c. 313, 39 Stat. 486-491. The provisions set forth here were preceded by the fol- lowing paragraph: * - “Part C. “That this part, to be known as the United States ware- house Act, be and is hereby enacted to read and be ef- fective hereafter as follows:” Sec. 8747%. [Sec. 1.] Short title of act. 8747%a. [Sec. 2..] Terms defined. 8747%aa. [Sec. 3...] Investigation and classification of storage, warehousing, weighing and certification of agri- cultural products; inspection and classification of warehouses; duties of warehousemen. 8747%b. [Sec. 4.] Licenses to warehousemen; issue; tions precedent. - '87.47%bb. [Sec. 5.] Term of license; renewal. 8747%.c. [Sec. 6..] Bond of applicant for license; additional Ond. 8747%.cc. [Sec. ºl Action on bond of applicant by persons in- condi- Jured. . e - 8747%d. [Sec. 8.] Designation of warehouse as bonded Ware- O U.S6. 8747%dd. [Sec. 9..] Licenses to person's not warehousemen to accept custody of and store agricultural products; conditions; receipts for products; bonds; rules and regulations. 87.47%.e. [Sec. 10.1 Fees for examining, inspecting warehouses and issuing licenses or renewals. 8747%.ee. [Sec. 11.] Licenses to persons to classify, grade, or weigh agricultural products for storage. 8747%f. [Sec. 12..] Suspension or revocation of license to clas- sify agricultural products. 8747%ff. . [Sec. 13.] Warehousemen to receive products without discrimination. - - 8747%.g. [Sec. 14.] Deposit of agricultural products for stor- age deemed deposited subject to act. - - 8747%gg. [Sec. 15.] Inspection and grading of stored fungible agricultural products. 8747%h. [Sec. 16..] Agricultural products to be kept separate; mingling fungible products; liability for care and redelivery. 8747%hh.. [Sec. 17.] Receipts for products stored. 8747%i. [Sec. 18.] Same; contents. 8747%ii. [Sec. 19.] Standards for agricultural products. 8747%j... [Sec. 20.] Other or further receipts not issued while : original is outstanding, unless lost or destroyed. 8747%jj. [Sec. 21.] Delivery of products stored on demand. 87.47%k. [Sec. 22.] Cancellation. of receipts on delivery. 8747%kk. [Sec. 23.] Records of products stored; reports to Secretary of Agriculture; conduct of warehouses in accordance with act and rules and regulations. 8747%l. [Sec. 24.] Examination of products stored; tion of findings. - 8747%ll. [Sec. 25.] Suspension or revocation of licenses. 8747%m. [Sec. 26.] Publication of results of investigations; names and locations of bonded and licensed Ware- houses. 8747%mm. [Sec. 27.] Examination of books. 8747% n. [Sec. 28.] Rules and regulations. 8747%mn. [Sec. 29.] State and other laws not affected; en- - forcement of state laws. 87.47% o. [Sec. 30.] Forging or altering license, violating or failing to comply with act, or issuing or uttering false or fraudulent receipt Or Certificate. 874.7% oo. [Sec. 31...] Appropriation to make act effective; tem- porary assistance. ... 3. 8147%p. [see, 32i fºrest of partial invalidity of act. 8747%pp. [Sec. 33.] Rights reserved. . § 87.4734. [Sec. 1.] Short title of Act—This Act shall be known by the short title of “United States warehouse Act.” (Aug. 11, 1916, c. 313, 39 Stat. 486.) § 87.47%a. [See. 2.1 Terms defined—The term “warehouse” as used in this ACt. Shall be deemed to mean every building, structure, or other protected in- closure in which any agricultural product is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive juris- diction of the United States, in which any agricul- tural product is or may be stored. The term “agri- publica- cultural product” wherever used in this Act shall be deemed to mean cotton, wool, grains, tobacco, and flaxseed, or any of them. As used in this Act, “per- Son” includes a corporation or partnership or two Or more persons having a joint Or common interest; “warehouseman” means a person lawfully engaged in the business of storing agricultural products; and “receipt” means a warehouse receipt. (Aug. 11, 1916, C. 313, 39 Stat. 486.) - - $ 87.47%aa.. [See. 3..I Investigation and clas- sification of storage, warehousing, weighing and certification of agricultural products; inspection. and classification of warehouses; duties of ware- housemen—The Secretary of Agriculture is authoriz- ed to investigate the storage, warehousing, classifying aCCOrding to grade and otherwise, weighing, and Cer- tification of agricultural products; upon application to him by any person applying for license to conduct a Warehouse under this Act, to inspect such. Ware- house or cause it to be inspected; at any time, with Or Without application to him, to inspect or cause to be inspected all warehouses licensed under this Act; to determine whether warehouses for which licenses are applied for Or have been issued under this Act are suitable for the proper storage of any agricultural product or products; to classify warehouses licensed Or applying for a license in accordance with their ownership, location, surroundings, capacity, condi- tions, and Other qualities, and as to the kinds of li- censes issued or that may be issued for them pursu- ant to this Act; and to prescribe, within the limita- tions of this Act, the duties of the warehousemen conducting Warehouses licensed under this Act with respect to their care of and responsibility for agri- Cultural products Stored therein. (Aug. 11, 1916, c. 313, 39 Stat. 486.) - - § 87.47%b. [Sec. 4.1 Licenses to warehouse- men; issue; conditions precedent—The Secretary of Agriculture is authorized, upon application to him, to issue to any warehouseman a license for the conduct Of a warehouse or warehouses in accordance with this Act and such rules and regulations as may be made hereunder: Provided, That each such ware- house be found Suitable for the proper storage of the particular agricultural product or products for which a license is applied for, and that Such warehouseman agree, as a condition to the granting of the license, to comply with and abide by all the terms of this Act and the rules and regulations prescribed hereun- der. (Aug. 11, 1916, c. 313, 39 Stat. 486.) - § 87.47%bb. [Sec. 5.1 Term of license; re- newal—Each license issued under sections four and nine of this Act shall be issued for a period not ex- ceeding One year and shall specify the date upon which it is to terminate, and upon showing Satisfactory to the Secretary Of Agriculture may from time to time be renewed or extended by a written instrument, which shall specify the date of its termination. (Aug. 11, 1916, c. 313, 39 Stat. 486.) e . $ 87.47%.e. [Sec. 6.1 , Bond of applicant for license; additional bond—Fach Warehouseman ap- plying for a license to conduct a warehouse in accord- ance with this Act shall, as a condition to the grant- ing thereof, execute and file with the Secretary of Agriculture a good and sufficient bond other than personal security to the United States to Secure the faithful performance of his obligations as a Ware- houseman under the laws of the State, District, or Territory in which he is conducting such warehouse, as well as under the terms of this Act and the rules and regulations prescribed hereunder, and of Such additional obligations as a warehouseman as may be assumed by him under contracts with the respec- tive depositors of agricultural products in such ware- house. Said bond shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits, on the bond within the State, Dis- trict, or Territory in which the warehouse is located. Ch. E) # 87.47%hh INTERSTATE AND FOREIGN COMMERCE [Page 1407I and shall contain such terms and conditions as the Secretary of Agriculture may prescribe to Carry Out the purposes of this Act, including the requirements of fire insurance. Whenever the Secretary Of Agri- culture shall determine that a bond approved by him is, or for any cause has become, insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming With the requirements of this section, and unless the Same be given within the time fixed by a written demand therefor the license of such warehouseman may be suspended or revoked. (Aug. 11, 1916, c. 313, 39 Stat. 486.) § 87.47%.cc. ISec. 7.1 Action on bond of ap- plicant by persons injured—Any person injured by the breach of any obligation to Secure which a bOnd is given, under the provisions of sections six or nine, shall be entitled to Sue On the bond in his OWn name in any court of competent jurisdiction to recover the damages he may have sustained by Such breach. (Aug. 11, 1916, c. 313, 39 Stat. 487.) § 87.47%d. ISec. 8.1 Designation of ware- house as bonded warehouse—Upon the filing With and approval by the Secretary of Agriculture of a bond, in compliance with this Act, for the Conduct Of a warehouse, such warehouse shall be designated as bonded hereunder; but no Warehouse shall be desig- nated as bonded under this Act, and no name or-de- scription conveying the impression that it is so bond- ed, shall be used, until a bond, such as provided for in section six, has been filed with and approved by the Secretary of Agriculture, nor unless the license issued under this Act for the COnduct Of Such Ware- house remains unsuspended and unrevoked. (Aug. 11, 1916, c. 313, 39 Stat. 487.) ** § 87.47%dd. ISec. 9...I Licenses to persons not warehousemen to accept custody of and store agricultural products; conditions; receipts for products; bornds; rules and regulations—The Sec- retary of Agriculture may, under such rules and regu- lations as he shall prescribe, issue a license to any person not a warehouseman to accept the custody of agricultural products and to store the same in a Ware- house or warehouses Owned, Operated, or leased by any State, upon Condition that Such person agree to comply with and abide by the terms of this Act and the rules and regulations prescribed hereunder. Each person so licensed shall issue receipts for the agricul, tural products placed in his Custody, and shall give bond, in accordance with the provisions of this Act and the rules and regulations hereunder affecting warehousemen licensed under this Act, and Shall. Oth- erwise be subject to this Act and Such rules and regu- lations to the same extent as is provided for Ware- housemen licensed hereunder. (Aug. 11, 1916, c. 313, 39 Stat. 487.) § 87.47%.e. [Sec. 10.1 Fees for examining, inspecting warehouses and issuing licenses or re- newals—The Secretary of Agriculture shall charge, assoss, and Cause to be Collected a reasonable fee for every examination or inspection of a warehouse under this Act when such examination Or inspection is made upon application of a Warehouseman, and a ſee not exceeding $2 per annum for each license or renewal thereof issued to a Warehouseman under this Act. All such ſees shall be deposited and Covered into the Treasury as miscellaneous receipts. (Aug. 11, 1916, c. 313, 39 Stat. 487.) § 87.47% ee. ISec. 11.1 Licenses to persons to elassify, grade, or weigh agricultural products for storage—The Secretary Of Agriculture may, upon presentation of satisfactory proof of Competency, is- sue to any person a license to classify any agricultural product or products, stored or to be stored in a ware- house licensed under this Act, a CCOrding to grade Or Otherwise and to Certificate the grade Or Other class thereof, or to weigh the same and certificate the weight thereof, or both to classify and weigh the same and to certificate the grade or other class and the Weight thereof, upon condition that such person agree to COmply With and abide by the terms Of this Act and Of the rules and regulations prescribed here- under So far as the same relate to him. (Aug. 11, 1916, c. 313, 39 Stat. 487.) § 87.47%f. [Sec. 12.1 Suspension or revoca- tion of license to classify agricultural products-- Any license issued to any person to Classify Or to Weigh any agricultural product Or products under this Act may be suspended or revolved by the Secretary of Agriculture whenever he is satisfied, after Opportuni- ty afforded to the licensee Concerned for a hearing, that such licensee has failed to classify Or to Weigh any agricultural product or products correctly, or has violated any of the provisions of this Act or of the rules and regulations prescribed hereunder, So far as the same may relate to him, or that he has used his license or allowed it to be used for any improper pur- pose whatsoever. Pending investigation, the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without hearing. (Aug. 11, 1916, c. 313, 39 Stat. 487.) § 87.47%ff. [Sec. 13.1 Warehousemen to re- ceive products without discrimination—EVery Warehouseman Conducting a Warehouse licensed un- der this Act_shall receive for storage therein, so far as its capacity permits, any agricultural product of the kind customarily stored therein by him which may be tendered to him in a suitable condition for warehousing, in the usual manner in the Ordinary and usual course of business, without making any discrimination between persons desiring to a Vail themselves of Warehouse facilities. (Aug. 11, 1916, c. 313, 39 Stat. 488.) § 87.47%g. [Sec. 14.I Deposit of agricultural products for storage deemed deposited subject to act—Any perSOn Who deposits agricultural productS for storage in a Warehouse licensed under this Act shall be deemed to have deposited the same subject to the terms of this Act and the rules and regulations prescribed hereunder. (Aug. 11, 1916, c. 313, 39 Stat. 488.) § 87.47%gg. ISec. 15.1 Inspection and grad- ing of stored fungible agricultural products— Grain, flaxsoed, or any other fungible agricultural product stored for interstate or foreign commerce, or in any place under the exclusive jurisdiction of the United States, in a warehouse licensed under this Act shall be inspected and graded by a person duly licensed to grade the same under this Act. (Aug. 11, 1916, c. 313, 39 Stat. 488.) § 87.47%h. ISec. 16.1 Agricultural products to be kept separate; mingling fungible products; liability for care and redelivery—Every Warehouse- man conducting a warehouse licensed under this Act shall keep the agricultural products therein of one depositor so far separate from agricultural products of other depositors, and from other agricultural prod- ucts of the same depositor for which a separate re- ceipt has been issued, as to permit at all times the identification and redelivery of the agricultural prod- ucts deposited; but if authorized by agreement or by custom, a warehouseman may mingle fungible agricul- tural products with other agricultural products of the same kind and grade, and shall be severally liable to each depositor for the Care and redelivery of his share of Such mass, to the same extent and under the same circumstances as if the agricultural prod- ucts had been kept Separate, but he shall at no time while they are in his Custody mix fungible agricul- tural products of different grades. (Aug. 11, 1916, c. 313, 39 Stat. 488.) § 87.47%hh... [Sec. 17.1 Receipts for products stored—For all agricultural products stored for in- terstate or foreign commerce, or in any place under the exclusive jurisdiction of the United States, in a warehouse licensed under this Act original receipts # 87.47%i (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1408T * shall be issued by the warehouseman conducting the Same, but no receipts shall be issued except for ag- ricultural products actually stored in the warehouse at the time of the issuance thereof. (Aug. 11, 1916, c. 313, 39 Stat. 488.) § 87.47%i. [Sec. 18.] Same; contents—Every receipt issued for agricultural products stored in a warehouse licensed under this Act shall embody within its written or printed terms (a) the location of the warehouse in which the agricultural products are stored; (b) the date of issue of the receipt; (c) the Consecutive number of the receipt; (d) a state- ment whether the agricultural products received will be delivered to the bearer, to a specified person, Or to a specified person or his Order ; (e) the rate Of storage charges; (f) a description of the agricultural products received, showing the quantity thereof, Or, in Case of agricultural products Customarily put up in bales Or packages, a description. Of Such bales Or packages by marks, numbers, or other means of iden- tification and the weight of such bales Or packages; (g) the grade or other class of the agricultural prod- ucts received and the standard Or description in accordance with which Such classification has been made: Provided, That such grade or other class shall be stated according to the official standard of the United States applicable to such agricultural prod- ucts as the same may be fixed and promulgated un- der authority of law: Provided further, That until such Official standards Of the United States for any agricultural product Or products have been fixed and promulgated, the grade Or Other Class thereof may be stated in accordance with any recognized standard Or in accordance with such rules and regulations not inconsistent herewith as may be prescribed by the Secretary of Agriculture; (h) a statement that the receipt is issued subject to the United States ware- house Act and the rules and regulations prescribed thereunder; (i) if the receipt be issued for agricul- tural products of which the warehouseman is owner, either solely or jointly or in common with others, the fact Of Such ownership ; (j) a statement of the amount Of advances made and of liabilities incurred for Which the Warehouseman claims a lien: Provid- ed., That if the precise amount of Such advances made or of such liabilities incurred be at the time of the iSSue Of the receipt unknown to the warehouseman or his agent who issues it, a statement of the fact that advances have been made Or liabilities incurred and the purpose thereof shall be sufficient ; (k) such oth- er terms and COnditions within the limitations Of this Act as may be required by the Secretary of Agricul- ture; and (1) the signature of the warehouseman, which may be made by his authorized agent: Pro- vided, That unless otherwise required by the law of the State in which the warehouse is located, when re- quested by the depositor of other than fungible ag- ricultural products, a receipt omitting compliance with Subdivision (g) of this section may be issued if it have plainly and conspicuously embodied in its Written Or printed terms a provision that such re- ceipt is not negotiable. (Aug. 11, 1916, c. 313, 39 Stat. 488.) - $ 87.47%ii. ISec. 19.1 Standards for agricul- tural products—The Secretary of Agriculture is au- thorized, from time to time, to establish and promul- gate standards for agricultural products in this Act defined by which their quality or value may be judg- ed Or determined: Provided, That the Standards for any agricultural products which have been, or which in future may be, established by or under authority of any other Act of Congress shall be, and are hereby adopted for the purposes Of this Act as the Official standards of the United States for the agricultural products to which they relate. (Aug. 11, 1916, c. 313, 39 Stat. 489.) - $ 87.47%j. [Sec. 20.1 Other or further re- ceipts not issued while original is outstanding, unless lost or destroyed—While an original receipt issued under this Act is outstanding and uncanceled by the warehouseman issuing the same no other or further receipt shall be issued for the agricultural product covered thereby or for any part thereof, ex- Cept that in the case of a lost or destroyed receipt a new receipt, upon the same terms and subject to the Same Conditions and bearing on its face the num- ber and date of the receipt in lieu of which it is is- Sued, may be issued upon compliance with the stat- utes of the United States applicable thereto in places Under the exclusive jurisdiction of the United States Or upon compliance with the laws of any State ap- plicable thereto in any place not under the exclusive jurisdiction of the United States: Provided, That if there be in such case no statute of the United States Or law Of a State applicable thereto such new re- Ceipts may be issued upon the giving of satisfactory Security in Compliance with the rules and regula- tions made pursuant to this Act. (Aug. 11, 1916, c. 313, 39 Stat. 489.) - $ 87.47%jj. ISec. 21.] Delivery of products stored on demand—A warehouseman conducting a Warehouse licensed under this Act, in the absence of Some lawful excuse, shall, without unnecessary delay, deliver the agricultural products stored therein Up- on a demand made either by the holder of a receipt for Such agricultural products or by the depositor thereof if such demand be accompanied with "(a) an Offer to satisfy the warehouseman’s lien; (b) an offer to Surrender the receipt, if negotiable, with such in- dorsements as would be necessary for the Inegotia- tion of the receipt; and (c) a readiness and Willing- neSS to Sign, when the products are delivered, an ac- knowledgment that they have been delivered if such Signature is requested by the warehouseman. (Aug. 11, 1916, c. 313, 39 Stat. 489.) $ 87.47%k. [Sec. 22.1 Cancellation of re- ceipts on delivery—A warehouseman Conducting a Warehouse licensed under this Act shall plainly can- Çel upon the face thereof each receipt returned to him upon the delivery by him of the agricultural prod- ucts for which the receipt was issued. (Aug. 11, 1916, c. 313, 39 Stat. 490.) . $ 87.47%kk. [Sec. 23.I Records of products stored; reports to Secretary of Agriculture; conduct of warehouses in accordance with Act and rules and regulations—Every warehouseman Conducting a Warehouse licensed under this Act shall Keep in a place of safety complete and correct rec- Ords Of all agricultural products stored therein and Withdrawn therefrom, of all warehouse receipts is- Sued by him, and of the receipts returned to and can- Celed by him, shall make reports to the Secretary of Agriculture Concerning such warehouse and the con- dition, Contents, operation, and business thereof in Such form and at such times as he may require, and shall conduct said warehouse in all other respects in Compliance with this Act and the rules and regula- tions made hereunder. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%l. I Sec. 24.1 Examination of prod- ucts stored; publication of findings—The Secre- tary Of Agriculture is authorized to cause examina- tions to be made of any agricultural product stored in any warehouse licensed under this Act. Whenever, after Opportunity for hearing is given to the Ware- houseman conducting such warehouse, it is determin- ed that he is not performing fully the duties imposed On him by this Act and the rules and regulations made hereunder, the Secretary may publish his findings. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%ll. [Sec. 25.1 Suspension or revoca- tion of licenses—The Secretary Of Agriculture may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any li- cense issued to any warehouseman Conducting a ware- house under this Act, for any violation Of Or failure to comply with any provision of this Act or of the Ch. F) & 8749 INTERSTATE AND FOREIGN COMMERCE [Page 1409] rules and regulations made hereunder or upon the ground that unreasonable or exorbitant charges have been made for services rendered. Pending investiga- tion, the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without hearing. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%m. ISec. 26.1 Publication of results of investigations; names and locations of bonded and licensed warehouses—The Secretary Of Agri- culture from time to time may publish the results of any investigations made under section three Of this Act; and he shall publish the names and locations of Warehouses licensed and bonded and the names and addresses of persons licensed under this Act and list of all licenses terminated under this Act and the CauS- es therefor. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%mm. [Sec. 27.1 Examination. of books—The Secretary of Agriculture is authorized through Officials, employees, or agents of the Depart- ment of Agriculture designated by him to examine all books, records, papers, and accounts of warehouses li- Censed under this Act and Of the Warehousemen COn- ducting such warehouses relating thereto. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%m. [Sec. 28.I Rules and regulations —The Secretary of Agriculture shall from time to time make Such rules and regulations as he may deem necessary for the efficient execution of the provisions —of this Act. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%mn. [Sec. 29.1 State and other laws not affected; enforcement of State laws—Nothing in this Act shall be construed to conflict With, Or to authorize any conflict with, or in any way to impair Or limit the effect Or Operation of the laws of any State relating to warehouses, warehousemen, weigh- ers, graders, or classifiers; but the Secretary of Agriculture is authorized to COOperate With such Of- ficials as are charged with the enforcement Of Such State laws in Such States and through Such COOp- eration to secure the enforcement of the provisions of this Act ; nor shall this Act be construed so as to limit the operation of any statute of the United States relating to warehouses or warehousemen, weighers, graders, or classifiers now in force in the District of Columbia. Or in any Territory or other place under the exclusive jurisdiction. Of the United States. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%0. [Sec. 30.1 Forging or altering li- cense, violating or failing to comply with act, or issuing or uttering false or fraudulent receipt or certificate—Every person who shall forge, alter, counterfeit, simulate, or falsely represent, or shall without proper authority use, any license issued by the Secretary of Agriculture under this Act, or who shall violate or fail to comply with any provision of Section eight of this Act, or who shall issue or utter a false or fraudulent receipt or certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or imprison- ed not more than six months, or both, in the discretion of the court. (Aug. 11, 1916, c. 313, 39 Stat. 490.) § 87.47%00. D Sec. make act effective; temporary assistance—There is hereby appropriated, out of any money in the Treas- ury not otherwise appropriated, the sum of $50,000, available until expended, for the expenses of carrying into eſfect the provisions of this Act, including the payment of such rent and the employment of such persons and means as the Secretary of Agriculture may deem necessary in the city of Washington and elsewhere, and he is authorized, in his discretion, to employ qualified persons not regularly in the service Of the United States for temporary assistance in Car- rying out the purposes of this Act, and Out of the mon- eys appropriated by this Act to pay the salaries and expenses thereof. (Aug. 11, 1916, c. 313, 39 Stat. 491.) § 87.47%p. ISec. 32.1 Effect of partial in- validity of act—If any clause, sentence, paragraph, COMP.ST.’18–89 31.1 Appropriation to or part of this Act shall, for any reason, be adjudged by any Court of competent jurisdiction to be invalid, Such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its op- eration to the clause, Sentence, paragraph, or part thereof directly involved in the controversy in which Such judgment shall have been rendered. (Aug. 11, 1916, c. 313, 39 Stat. 491.) § 87.47%pp. [Sec. 33.1 Rights reserved—The right to amend, alter, or repeal this Act is hereby ex- pressly reserved. (Aug. 11, 1916, c. 313, 39 Stat 491.) Sec. Chapter F-Insect Pests 8748. Transportation, removal, or importation forbidder. 8749. Letters or parcels containing, non-mailable. 8750. Regulations for mailing, shipping or transportation for scientific purposes. 8751. Violations of provisions of statute. 8752. Nursery stock; importation without permit and certifi- cate of inspection; issue of permit; imports for de- partmental uses; stock from countries having no offi- cial inspection. 8753. Same; notification of arrival at port of entry; ment without notification. 8754. Same; marking packages. 8755. Same; marking packages for interstate shipments. 8756. Restriction on importation of plants other than nursery stock; orders; hearings. 8757. “Nursery stock” defined. 8758. Plant diseases and insect infestation; ship- determination_of_ — — —existence; - importation prohibited; hearings; quar- antine. 8759. Importation of diseased plants for experimental pur- poses. 8760. Interstate quarantine against plant diseases or insect infestation; shipments from quarantined localities prohibited; movements of nursery stock; rules and regulations; hearings. 8761. Promulgating rules and regulations. 8762. Violations of act; forgery of certificates; proof of vio- lations by common carrier ; duty of district attor- TheyS. 8763. “Person” construed; agents. 8764. Federal Horticultural Board. 8764a. Terminal inspection by state of plants and plant prod- ucts; forwarding by postmasters of packages for in- spection. 8764b. Deposit in mail of package addressed to State main- taining inspection, without marking so contents may be ascertained. Regulations by Postmaster General. corporations liable for acts of 8764c. § 8748. Transportation, removal, or importa- tion forbidden—NO railroad, Steamboat, express, stage, or other transportation company shall knowing- ly transport from One State or Territory into any oth- er State or Territory, or from the District of Colum- bia into a State Or Territory, or from a State Or Ter- ritory into the District of Columbia, or from a for- eign country into the United States, the gypsy moth, brown-tail moth, leopard moth, plum Curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously in- jurious to cultivated crops, including vegetables, field Crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect in- jurious as aforesaid, except when shipped for Scien- tific purposes under the regulations hereinafter pro- vided for ; nor shall any person remove from One State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or Territory into the District of Colum- bia, or from the District of Columbia into any State or Territory, except for Scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth, leopard moth, plum Curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live State which is notoriously in- jurious to cultivated Crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupae, or larvae of any insect in- jurious as aforesaid. (March 3, 1905, c. 1501, § 1, 33 Stat. 1269.) § 8749. Letters or parcels containing, non- mailable—Any letter, parcel, box, Or other package 3 8750 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE IIPage 1410] containing the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated CropS, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees, or any letter, par- cel, box, or package which contains the eggs, pupæ, or larvae of any insect injurious as aforesaid, wheth- er sealed as first-class matter or not, is hereby declar- ed to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post-office, nor by any letter carrier, except when mailed for scientific purposes un- der the regulations hereinafter provided for ; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declar- ed by this section to be nonmailable matter, Or CauSe the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than five thousand dol- lars or imprisoned at hard labor not more than five years, or both, at the discretion of the court: Pro- vided, That nothing in this Act shall authorize any person to open any letter or sealed matter of the first- class not addressed to himself. (March 3, 1905, c. 1501, § 2, 33 Stat. 1270.) * - - , $ 87.50. Regulations for mailing, shipping or transportation, for scientific purposes--It Shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promul- gate rules and regulations under which the insects covered by sections one and two of this Act may be mailed, shipped, transported, delivered, and removed, for Scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any in- sects covered by Sections one and two of this Act may be so mailed, shipped, transported, delivered, and re- moved, for scientific purposes, under the rules and regulations of the Secretary of Agriculture: Provid- ed., That the rules and regulations of the Secretary of Agriculture, in so far as they affect the method of mailing insects, shall be approved by the Postmaster- General, and nothing in this Act shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of this Act, prohibiting or regulating the admission into that State of insects from a foreign country. (March 3, 1905, c. 1501, § 3, 33 Stat. 1270.) , § 8751. Violations of provisions of statute— Any person, company, or corporation who shall know- ingly violate the provisions of section one of this Act shall, for each offense, be fined, upon conviction there- of, not more than five thousand dollars or imprisoned at hard labor not more than five years, or both, at the discretion of the court. (March 3, 1905, c. 1501, § 4, 33 Stat. 1270.) § 8752. INursery stock; permit and certificate of inspection; issue of permit; imports for departmental uses; stock from countries having no official inspection—It shall be unlawful for any person to import or offer for entry into the United States any nursery stock unless an until a permit shall have been issued therefor by the Secretary of Agriculture, under such conditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Pro- vided, That the Secretary Of Agriculture shall issue the permit for any particular importation of nursery importation without stock when the conditions and regulations as prescrib- ed in this Act shall have been complied with: Pro- vided further, That nursery stock may be imported for experimental or scientific purposes by the Depart- ment of Agriculture upon Such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official System of inspection for such stock is maintained may be ad- mitted upon such conditions and under such regula- tions as the Secretary of Agriculture may prescribe. (Aug. 20, 1912, c. 308, § 1, 37 Stat. 315.) $ 8753. Same; notification of arrival at port of entry; shipment without notification—It shall be the duty of the Secretary of the Treasury prompt- ly to notify the Secretary of Agriculture of the ar- rival of any nursery stock at port of entry; that the person receiving such stock at port of entry shall, im- mediately upon entry and before such stock is deliver- ed for shipment or removed from the port of entry, advise the Secretary of Agriculture Or, at his direc- tion, the proper State, Territorial, or District official Of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, . Of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship, and the country and locality where the same was grown. That no person shall ship or offer for shipment from one State or Terri- tory or District of the United States into any oth- er State or Territory or District, any nursery stock imported into the United States without notifying the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agricul- ture may elect, immediately upon the delivery of the said stock for shipment, of the name and address of the consignee, of the Irature and quantity of stock it is proposed to ship, and the country and locality where the same was grown, unless and until such im- ported stock has been inspected by the proper official of a State, Territory, or District of the United States. (Aug. 20, 1912, c. 308, § 2, 37 Stat. 316.) - § 8754. Same; marking packages—No person shall import or offer for entry into the United States any nursery stock unless the case, box, package, Crate, bale, or bundle thereof shall be plainly and Correctly marked to show the general nature and quantity Of the contents, the country and locality where the same was grown, the name and address of the shipper, OWner, Or person shipping or forwarding the same, and the name and address of the consignee. (Aug. 20, 1912, C. 308, § 3, 37 Stat. 316.) - § 8755. Same; marking packages for inter- state shipments—No person shall ship Or deliver for shipment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and qtlantity of the contents, the name and address of the consignee, and the country and locality where Such stock was grown, unless and until Such imported stock has been inspected by the proper official of a State, Territory, or District of the United States. (Aug. 20, 1912, c. 308, § 4, 37 Stat. 316.) - © $ 8756. Restriction on importation of plants other than nursery stock; orders; hearings— Whenever the Secretary of Agriculture shall deter- mine that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term “nursery stock” as defined in Section six of this Act may result in the entry. into the United States or any of its Territories or Districts of injurious plant diseases or insect pests, he shall promulgate his determination, specifying the class of plants and plant products the importation of Ch. F) ź 8760 INTERSTA'DE AND FOREIGN COMMERCE [Page 1411] which shall be restricted and the country and locali- ty where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States Or any of its Territories or Districts shall be subject to all the provisions of the foregoing sections of this Act: Provided, That before the Sec- retary of Agriculture shall promulgate his determina- tion that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or Other plant products not included by the term “nursery Stock” as defined in section six of this Act may result in the en- try into the United States or any of its Territories or Districts Of injurious plant diseases Or insect pests he shall, after due notice, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person Or by attorney. (Aug. 20, 1912, c. 308, § 5, 37 Stat. 316.) § 8757. “Nursery stock” defined—For the pur- pose of this act the term “nursery stock” shall include all field-grown florists’ stock, trees, shrubs, Vines, Cut- tings, grafts, scions, buds, fruit pits and other Seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots. (Aug. 20, 1912, c. 308, § 6;~37 Stat. 317) - - - - T T § 8758. Plant diseases and insect infestation; determination of existence; importation prohib- ited; hearings; quarantine—Whenever, in Order to prevent the introduction into the United States of any tree, plant, or fruit disease or of any injurious in- sect, new to or not theretofore widely prevalent Or dis- tributed within and throughout the United States, the Secretary of Agriculture shall determine that it is necessary to forbid the importation into the United States of any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, Seeds, or other plant products from a country or locality where such disease or insect infestation exists, he shall promulgate such determination, Specifying the country and locality and the class of nursery Stock Or other class of plants, fruits, vegetables, rootS, bulbs, seeds, or other plant products which, in his Opinion, should be excluded. Following the promulgation of such determination by the Secretary of Agriculture, and until the withdrawal of the said promulgation by him, the importation of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the said pro- mulgation from the country and locality therein nam- ed, regardless of the use for which the same is intend- ed, is hereby prohibited; and until the withdrawal of the said promulgation by the Secretary of Agriculture, and notwithstanding that such class of nursery Stock, or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products be accompanied by a Certificate of inspection from the country Of importa- tion, no person shall import or offer for entry into the United States from any country or locality Specified in such promulgation, any of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named therein, regardless of the use for which the same is intended: Provided, That before the Secretary of Agriculture shall promulgate his determination that it is neces- sary to forbid the importation into the United States of the articles named in this section he shall, after due notice to interested parties, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney : Pro- vided further, That the quarantine provisions of this Section, as applying to the White-pine blister rust, po- tato wart, and the Mediterranean fruit fly, shall be- come and be effective upon the passage of this Act. (Aug. 20, 1912, c. 308, § 7, 37 Stat. 317.) $ 8759. Importation of diseased plants for ex- perimental purposes-Hereafter any class of nurs- ery Stock or of any other class of plants, fruits, vege- tables, roots, bulbs, seeds, or other plant products of Which the importation may be forbidden from any COuntry or locality under the provisions of Section Seven Of the plant quarantine Act approved August twentieth, nineteen hundred and twelve (Thirty- Seventh Statutes, page three hundred and fifteen), may be imported for experimental or scientific purposes by the Department Of Agriculture upon such conditions and under Such regulations as the said Secretary of Agriculture may prescribe. (March 4, 1913, c. 145, 37 Stat. 853.) $ 8760. Interstate quarantine against plant diseases or insect infestation; shipments from quarantined localities prohibited; movements of nursery stock; rules and regulations; hearings-- The Secretary of Agriculture is authorized and direct- ed to quarantine any State, Territory, or District of the United States, or any portion thereof, when he Shall determine that such quarantine is necessary to prevent the spread of a dangerous plant disease or in- Sect infestation, new to or not theretofore widely prev- alent or distributed within and throughout the United States; and the Secretary of Agriculture is directed to give notice of the establishment-of Šuch quarāntine to COmmon Carriers doing business in or through such Quarantined area, and shall publish in such newspa- pers in the quarantined area as he shall select notice Of the establishment of quarantine. That no persoll Shall Ship or offer for shipment to any common car rier, nor shall any common carrier receive for trans portation or transport, nor shall any person carry or transport from any quarantined State or Territory or District of the United States, or from any quarantined portion thereof, into or through any other State or Territory or District, any class of nursery stock or any Other class of plants, fruits, vegetables, roots, bulbs, Seeds, or other plant products, or any class of Stone or quarry products, or any other article of any Character whatsoever, capable of carrying any danger- Ous plant disease Or in Sect infestation, Specified in the notice of quarantine excépt as hereinafter provided. That it shall be unlawful to move, or allow to be mov- ed, any Class of nursery Stock Or any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, or any class of stone or quarry prod- ucts Or any other article of any character Whatsoever, capable of carrying any dangerous plant disease Or insect infestation, Specified in the notice of quarantine hereinbefore provided, and regardless Of the use for which the same is intended, from any quarantined State or Territory or District of the United States or quarantined portion thereof, into or through any other State or Territory or District, in manner or method Or under conditions other than those prescribed by the Secretary of Agriculture. That it shall be the duty of the Secretary of Agriculture, when the pub- lic interests will permit, to make and promulgate rules and regulations which Shall permit and govern the inspection, disinfection, certification, and method and manner of delivery and shipment Of the Class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, Seeds, Or other plant prod- ucts, or any class of Stone or quarry products, or any other article of any character whatsoever, ca- pable of carrying any dangerous plant disease or in- Sect infestation, specified in the notice of quaran- time hereinbefore provided, and regardless Of the use ſor which the same is intended, from a quar- antined State Or Territory Or District of the United States, or quarantined portion thereof, into or through any other State or Territory or District; and the Sec- retary of Agriculture shall give notice of such rules and regulations as hereinbefore provided in this Sec tion for the notice Of the establishment Of quarantine : Provided, That before the Secretary of Agricultur ! # 8761 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1412] shall promulgate his determination that it is neces- sary to quarantine any State, Territory, or District of the United States, or portion thereof, under the au- thority given in this section, he shall, after due no- tice to interested parties, give a public hearing un- der such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney. (Aug. 20, 1912, c. 308, § 8, 37 Stat. 318, amended, March 4, 1917, c. 179, 39 Stat. 1165.) $ 8761. Promulgating rules and regulations— The Secretary of Agriculture shall make and pro- mulgate Such rules and regulations as may be neces- sary for Carrying Out the purposes Of this Act. (Aug. 20, 1912, c. 308, § 9, 37 Stat. 318.) § 8762. Violations of act; forgery of certifi- cates; proof of violations by common carrier; duty of district attorneys—Any person who shall violate any of the provisions of this Act, or who shall forge, Counterfeit, alter, deface, or destroy any Cer- tificate provided for in this Act Or in the regulations Of the Secretary Of Agriculture, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding five hun- dred dollars Or by imprisonment not exceeding One year, Or both such fine and imprisonment, in the dis- Cretion of the court: Provided, That no common car- rier shall be deemed to have violated the provisions of any of the foregoing sections of this Act on proof that such carrier did not knowingly receive for trans- portation. Or transport nursery stock or other plants Or plant products as such from One State, Territory, Or District of the United States into Or through any other State, Territory, or District; and it shall be the duty of the United States attorneys diligently to prose- Cute any violations Of this Act which are brought to their attention by the Secretary of Agriculture or which COme to their notice by other means. (Aug. 20, 1912, c. 308, § 10, 37 Stat. 318.) $ 8763. “Person” construed; corporations li- able for acts of agents—The word “person” as used in this Act shall be construed to import both the plural and the singular, as the Case demands, and shall include COrporations, . companies, societies, and associations. When construing and enforcing the provisions Of this Act, the act, Omission, or failure of any officer, agent, or other person acting for or em- ployed by any COrporation, company, society, or as- SOGiation, within the SCOpe Of his employment or Of- fice, shall in every case be also deemed to be the act, Omission, Or failure of such corporation, company, so- Ciety, Or a SSociation as well as that of the person. (Aug. 20, 1912, c. 308, § 11, 37 Stat. 319.) § 8764. Federal Horticultural Board—For the purpose of Carrying out the provisions of this Act there shall be appointed by the Secretary of Agri- Culture from existing bureaus and Offices in the De- partment Of Agriculture, including the Bureau of En- tomology, the Bureau of Plant Industry, and the For- est Service, a Federal Horticultural Board consisting Of five members, Of Whom not more than two shall be appointed from any One bureau or Office, and who shall serve without additional COmpensation. (Aug. 20, 1912, c. 308, § 12, 37 Stat. 319.) § 87.64a. Terminal inspection by state of plants and plant products; forwarding by post- masters of packages for inspection—Hereafter when any State shall provide for terminal inspection of plants and plant products, and shall establish and maintain, at the Sole expense of the State, Such in- spection at One or more places therein, the proper Officials Of Said State may Submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the Opinion. Of Said Officials should be subject to termi- nal inspection in Order to prevent the introduction or dissemination in said State of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the Secretary of Agriculture shall trans- a mit the same to the Postmaster General, and there- after all packages containing any plants or plant products named in said approved lists shall, upon payment of postage therefor, be forwarded by the pOstmaster at the destination of said package to the proper State official at the nearest place where in- Spection is maintained. If the plant or plant prod- ucts are found upon inspection to be free from in- jurious pests, or if infected shall be disinfected by Said Official, they shall upon payment of postage there- for be returned to the postmaster at the place of in- Spection to be forwarded to the person to whom they are addressed; but if found to be infected with in- jurious pests and incapable of satisfactory disinfec- tion the State inspector shall so notify the postmas- ter at the place of inspection, who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in default of such request that they will be turned over to the State authorities for destruction. (March 4, 1915, c. 144, 38 Stat. 1113.) $ 87.64%. Deposit in mail of package address- ed to State maintaining inspection without marking so contents may be ascertained—On and after the passage and approval of this Act it shall be unlawful for any person, firm, or corporation to de- posit in the United States mails any package contain- ing any plant or plant product addressed to any place Within a State maintaining inspection thereof, as herein defined, without plainly marking the package SO that its Contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to SO mark said packages shall be punished by a fine of not more than $100. (March 4, 1915, c. 144, 38 Stat. 1113.) t $ 87.64e. Regulations by Postmaster General— The Postmaster General is hereby authorized and directed to make all needful rules and regulations for Carrying out the purposes hereof. (March 4, 1915, c. 144, 38 Stat. 1113.) Chapter G—Insecticides and Sec. Fungicides 8765. Adulterated or misbranded articles; manufacture of; in . Territories or District of Columbia. 8766. Same; interstate or foreign commerce in prohibited; Shipment or delivery a misdemeanor; articles for ex- port. 8767. Regulations; collection and examſ nation of specimens. 8768. Examinations; notice of adulteration or misbranding to party, and hearing; certification of violations of act to district attorney; notice of judgment of court. 8769. Duty of district attorneys to prosecute. 8770. Terms defined. 8771. Articles deemed adulterated. . Definition of term, “misbranded” as used in act. 8773. Signed guaranty as protection to dealer from prosecu- tion. Seizure of articles for condemnation; disposition of ar- ticles and of proceeds thereof; delivery to owner on bond; proceedings. 8775. Examination of samples of articles imported; refusal of admission and delivery to consignee; delivery to consignee pending examination and decision on bond; storage charges on goods refused admission, and lien therefor. 8776. What included in term “Territory”; construction of word “person”; liability of corporations for acts or omissions of officers, agents and employés. 8777. Title of act. § 8765. Adulterated or misbranded articles; manufacture of; in Territories or District of Columbia–It shall be unlawful for any person to manufacture within any Territory or the District of Columbia any insecticide, Paris green, lead arsen- ate, or fungicide which is adulterated or misbranded within the meaning of this Act; and any perSOn Who shall violate any of the provisions of this section Shall be guilty of a misdemeanor, and shall, upon ConVic- tion thereof, be fined not to exceed two hundred dol- lars for the first offense, and upon conviction for each subsequent offense be fined not to exceed three hundred dollars, or sentenced to imprisonment for Ch. G) 3 8771 INTERSTATE AND FOREIGN COMMERCE [Page 1413] not to exceed one year, or both such fine and impris- onment, in the discretion of the court. (April 26, 1910, c. 191, § 1, 36 Stat. 331.) § 8766. Same; interstate or foreign com- merce in prohibited; shipment or delivery a mis- demeanor; articles for export—The introduction in- to any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, Or shipment to any foreign country, of any insecticide, or Paris green, or lead arsenate, or fungicide which is adul- terated or misbranded within the meaning Of this Act is hereby prohibited; and any person who shall ship or deliver for shipment from any State Or Ter- ritory or the District of Columbia to any other State or Territory or the District of Columbia, or to a for- eign country, or who shall receive in any State Or Territory or the District of Columbia from any other State or Territory or the District of Columbia, Or foreign country, and having so received, shall de- liver, in original unbroken packages, for pay or oth- erwise, or Offer to deliver, to any other person, any Such article so adulterated or misbranded within the meaning of this Act, or any person who shall Sell or offer for sale in the District of Columbia. Or any Territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or—fungicide, or export or offer to export the same to any foreign country, shall be guilty Of a misdemeanor, and for such offense be fined not ex- ceeding two hundred dollars for the first Offense, and upon conviction for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both, in the discretion of the Court: Provided, That no article shall be deemed misbranded or adulterated within the provisions Of this Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser; but if said articles shall be in fact sold or offered for Salo for domestic use Or Consumption, then this proviso shall not exempt said article from the Op- eration of any of the other provisions Of this Act. (April 26, 1910, c. 191, § 2, 36 Stat. 331.) § 8767. Regulations; collection and exami- nation of specimens—The Secretary Of the Treas- ury, the Secretary Of Agriculture, and the Secretary of Commerce and Labor shall make uniform, rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of insecticides, Paris greens, lead ar- Senates, and fungicides manufactured or offered for Salo in the District of Columbia or in any Territory Of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manu- factured or produced, or which shall be received from any foreign country Or intended for Shipment to any foreign country, or which may be submitted for ex- amination by the director of the experiment station of any State, Territory, or the District of Columbia. (acting under the direction of the Secretary of Agri- culture), or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. (April 26, 1910, c. 191, § 3, 36 Stat. 331.) § 8768. Examinations; notice of adulteration or misbranding to party, and hearing; certifica- tion of violations of act to district attorney; no- tice of judgment of court—The examination of Spec- imens of insecticides, Paris greens, lead arsenates. and fungicides shall be made in the E)epartment of Agriculture, by Such existing bureau or bureaus as may be directed by the Secretary, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning Of this Act; and if it shall appear from any Such examination that any of such specimens are adulterated or misbranded within the meaning Of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom Such sample was obtained. Any party so notified Shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by Such party, then the Secre- tary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the Oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. (April 26, 1910, c. 191, § 4, 36 Stat. 332.) § 8769. Duty of district attorney's to prose- cute—It shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any director of experiment station or agent of any State, Territory, or the District of Columbia, under authority of the Secretary of Agriculture, shall present satisfactory evidences of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. (April 26, 1910, c. 191, § 5, 36 Stat. 332.) § 8770. Terms defined—The term “insecticide” as used in this Act shall include any substance Or mixture of Substances intended to be used for prevent- ing, destroying, repelling, or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment What- soever. The term “Paris green” as used in this Act shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite of copper. The term “lead arsenate” as used in this Act shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H3AsO4) by replacing one or more hydrogen atoms by lead. That the term “fungicide” as used in this Act Shall in- clude any substance or mixture of substances intend- ed to be used for preventing, destroying, repelling, Or mitigating any and all fungi that may infest Vege- tation or be present in any environment whatsoever. (April 26, 1910, c. 191, § 6, 36 Stat. 332.) § 8771. Articles deemed adulterated—For the purpose of this Act an article shall be deemed to be adulterated— Paris green—In the case of Paris green: First, if it does not contain at least fifty per centum of arsenious oxide; second, if it contains arsenic in Water-soluble forms equivalent to more than three and One-half per Centum of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its Quality Or strength. Lead arsenate—In the case of lead arsenate: First, if it contains more than fifty per centum of water; Second, if it contains total arsenic equivalent to less than twelve and One-half per Centum of arsenic oxid (As2O5); third, if it contains arsenic in water-sol- uble forms equivalent to more than seventy-five one- hundredths per Centum of arsenic oxid (AS5 Os); fourth, if any substances have been mixed and pack- ed with it so as to reduce, lower, or injuriously af- fect its quality or strength: Provided, however, That extra water may be added to lead arsenate (as de- scribed in this paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label. Other insecticides or fungicides—In the case of insecticides or fungicides, other than Paris green and lead arsenate: First, if its strength or purity fall be- & 8772 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE [Page 1414] low the professed standard or quality under which it is sold; second, if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vege- tation and shall contain any substance or substances which, although preventing, destroying, repelling or mitigating insects, shall be injurious to such vegeta- (April 26, 1910, c. 191, § 7, 36° Stat. tion when used. 332.) - § 87.72. Definition of term “misbranded” as used in act—The term “misbranded” as used herein shall apply to all insecticides, Paris greens, lead ar- senates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label of which shall bear any statement, design, or device regarding such article or the in- gredients or substances contained therein which shall be false. Or misleading in any particular, and to all insecticides, Paris greens, lead arsenates, or fungi- cides which are falsely branded as to the State, Ter- ritory, or country in which they are manufactured or produced. . - - - That for the purpose of this Act an article shall be deemed to be misbranded— . . . . Insecticides, Paris greems, lead arsenates, and fungicides; imitation of other article, or mis- leading label on brand—In the case of insecticides, Paris greens, lead arsenates, and fungicides: First, if it be an imitation or Offered for sale under the name of another article; second, if it be labeled or brand- ed so as to deceive Or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other Con- tents shall have been placed in such package; third, if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. - insecticides (other than Paris greens and lead arsenates) and fungicides; statements on labels —In the case of insecticides (other than Paris greens and lead arsenates) and fungicides: First, if it con- tains arsenic in any of its combinations or in the elemental form and the total amount of arsenic pres- ent (expressed as per centum of metallic arsenic) is not stated On the label; second, if it contains arsenic in any of its combinations or in the elemental form and the amount of arsenic in Water-Soluble forms (ex- pressed as per centum of metallic arsenic) is not stat- ed on the label; third, if it consists partially or Com- pletely of an inert substance or substances which do not prevent, destroy, repel, or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such inert ingredi- ents plainly and correctly stated on the label: Provid- ed, however, That in lieu of naming and stating the percentage amount of each and every inert ingredient the producer may at his discretion, state plainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or fungicidal properties, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert in- gredients present. (April 26, 1910, c. 191, § 8, 36 Stat. , , § § 8773. signed guaranty as protection to dealer from prosecution—No dealer shall be proS- ecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, job- ber, manufacturer, or other party residing in the United States, from whom he purchased such ar- ticles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, desig- nating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party, or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this Act. (April 26, 1910, c. 191, § 9, 36 Stat. 334.) - $ 8774. Seizure of articles for condemnation; disposition of articles and of proceeds thereof; delivery to owner on bond; proceedings—Any in- Secticide, Paris green, lead, arsenate, or fungicide that is adulterated or misbranded within the meaning of this Act and is being transported from one State, Ter- ritory, or District, to another for sale, or, having been transported, remains unloaded, unsold, or in Original unbroken packages, or if it be sold or offer- ed for sale in the District of Columbia or any Terri- tory of the United States, or if it be imported from a foreign Country for sale, shall be liable to be pro- Ceeded against in any district Court of the United States within the district wherein the same is found and Seized for confiscation by a process of libel for COndemnation. . . And if such article is condemned as being adulter- ated Or misbranded, within the meaning of this Act, the same shall be disposed of by destruction or sale as the said Court may direct, and the proceeds there- Of, if Sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdic- tion: Provided, however, That upon the payment of the costs of such libel proceedings and the execution and delivery of a good and sufficient bond to the ef- fect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act or the laws of any State, Territory, or District, the court may by Order direct that such articles be delivered to the OWImer thereof. The proceedings of such libel Cases shall COnform, as near as may be, to the pro- Ceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any . Such Case, and all such proceedings shall be at the Suit of and in the name of the United States. (April 26, 1910, c. 191, § 10, 36 Stat. 334.) $ 8775. Examination of samples of articles imported; refusal of admission and delivery to consignee; delivery to consignee pending exami- nation and decision on bond; storage charges on goods refused admission, and lien therefor—The Secretary of the Treasury shall deliver to the Secre- tary Of Agriculture, upon his request, from time to time, Samples of insecticides, Paris greens, lead ar- senates, and fungicides which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of such samples that any insecticide, or Paris green, or lead arsenate, or fungicide offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is Otherwise dangerous to the health Of the people Of the United States, or is of a kind forbidden entry in- to or forbidden to be sold or restricted in sale in the country in which it is made or from which it is ex- ported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date Of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such goods pending examination and deci- sion in the matter on execution of a penal bond for the amount of the full invoice value of Such goods, together with the duty thereon, and on refusal to re- turn such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for Ch. H) # 8783 INTERSTATE AND FOREIGN COMMERCE [Page, 1415I any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all charges for storage, cartage, and labor On goods which are refused admission or delivery shall be paid by the owner or consignee, and in default Of Such payment Shall constitute a lien against any future im- portation made by Such owner or consignee. (April 26, 1910, c. 191, § 11, 36 Stat. 334.) $ 8776. What included in term “Territory”; construction of word “person”; liability of cor- porations for acts or ornissions of officers, agents and employés—The term “Territory,” as used in this Act, Shall include the District Of Alaska and the in- Sular possessions of the United States. The WOrd “perSon,” as used in this Act, shall be construed to import both the plural and the singular, as the case demands, and shall include Corporations, companies, SOcieties, and associations. When construing and en- forcing the provisions of this Act, the act, omission, Or failure of any officer, agent, or other person acting for Or employed by any corporation, company, society, Or association, within the scope of his employment Or Office, shall in every case be also deemed to be the act, Omission, or failure of such corporation, company, SOciety, or association, as well as that of the other person. (April 26, 1910, c. 191, § 12, 36 Stat. 335.) $ 8777. Title of aet—This Act shall be known –and– referred—to as TºThe insecticide Act of 1910.” (April 26, 1910, c. 191, § 13, 36 Stat. 335.) Chapter H-Viruses, Serums, Toxins, Antitoxins, and Analogous Products SeC. 8778. Regulation of sale of and interstate traffic. 8779. Falsely labeling or marking package or container; al- tering label or mark. 8780. Inspection of establishment for propagation and prep- aration. 8781. Board to prescribe regulations for licenses for establish- ments for propagation and preparation; condition of ISSUle, 8782. Enforcement of regulations. 8783. Interference with Officers. 8784. Punishment for violations of act. 8785. (1) Preparation and sale of worthless or harmful prod- ucts for domestic animals prohibited; preparation to be in compliance with rules at licensed estab- lishments. (2) Importation regulated and prohibited. (3) Inspection of imports; denial of entry and destruc- tion. (4) Regulations for preparation and sale; licenses. (5) Permits for importation. (6) Inspection; establishments for preparation; suspen- sion of licenses. (7) Same; licensed establishments by. (8) Punishment for violations of act. § 8778. Regulation of sale of and interstate traffic—From and after six months after the promul- gation of the regulations authorized by Section four of this Act no person shall sell, barter, or exchange, or offer for sale, barter, or exchange in the District of Columbia, or send, carry, Or bring for Sale, barter, or exchange from any State, Territory, or the District of Columbia into any State, Territory, or the District of Columbia, or from any foreign country into the |United States, or from the United States into any foreign country, any virus, therapeutic Serum, toxin, antitoxin, or analogous product applicable to the prevention and cure of diseases of man, unless (a) such virus, serum, toxin, antitoxin, or product has been propagated and prepared at an establishment holding an unsuspended and unrevoked license, issued by the Secretary of the Treasury as hereinafter au- thorized, to propagate and prepare such virus, Serum, toxin, antitoxin, or product for sale in the District of Columbia, or for sending, bringing, or carrying from place to place aforesaid; nor (b) unless each package of such virus, serum, toxin, antitoxin, or product is plainly marked with the proper name of the article contained therein, the name, address, and license number of the manufacturer, and the date . beyond which the contents can not be expected beyond reasonable doubt to yield their specific results: Pro- Vided, That the suspension or revocation of any ki- Cense shall not prevent the sale, barter, or exchange Of any virus, serum, toxin, antitoxin, or product aforesaid which has been sold and delivered by the licentiate prior to such suspensiºn or revocation, un- IeSS the OWner or Custodian Of Such virus, serum, tox- in, antitoxin, or product aforesaid has been notified by the Secretary of the Treasury not to sell, barter, Or exchange the same. (July 1, 1902, c. 1378, § 1, 32 Stat. 728.) $ 8779. Falsely labeling or marking package or container; altering label or mark–No person Shall falsely label or mark any package or con- tainer of any virus, serum, toxin, antitoxin, or prod- uct aforesaid; nor alter any label or mark on any package Or container of any virus, serum, toxin, anti- toxin, Or product aforesaid so as to falsify such la- bel or mark. (July 1, 1902, c. 1378, § 2, 32 Stat. 729.) $ 8780. Inspection of establishment for prop- agation and preparation—Any officer, agent, or em- ployee of the Treasury Department, duly detailed by the Secretary of the Treasury for that purpose, may during all reasonable hours enter and inspect any establishment for the propagation and preparation of any virus, Serum, toxin, antitoxin, or product afore- Said for Sale, barter, or exchange in the District of Columbia, or to be sent, carried, or brought from any State, Territory, or the District of Columbia into any Other State or Territory or the District of Colum- bia, or from the United States into any foreign coun- try, or from any foreign Country into the United States. (July 1, 1902, c. 1378, § 3, 32 Stat. 729.) $ 8781. Board to preseribe regulations for li- censes for establishments for propagation and preparation; coradition of issue—The Surgeon-Gen- eral Of the Army, the Surgeon-General of the Navy, and the Supervising Surgeon-General of the Marine- Hospital Service, be, and they are hereby, constituted a board with authority, subject to the approval of the Secretary of the Treasury, to promulgate from time to time Such rules as may be necessary in the judgment of Said board to govern the issue, suspension, and revocation of licenses for the maintenance of estab- lishments for the propagation and preparation of Viruses, serums, toxins, antitoxins, and analogous products, applicable to the prevention and cure of diseases of man, intended for sale in the District of Columbia or to be sent, carried or brought for sale from any State, Territory, or the District of Colum- bia, into any other State, Territory, or the District of Columbia, or from the United States into any foreign Country, or from any foreign country into the United States: Provided, that all licenses issued for the maintenance of establishments for the propagation and preparation in any foreign country of any virus, Serum, toxin, antitoxin, or product aforesaid, for sale, barter, or exchange in the United States, shall be is- Sued upon condition that the licentiates will permit the inspection of the establishments where said ar- ticles are propagated and prepared, in accordance with section three of this Act. (July 1, 1902, c. 137S, § 4, 32 Stat. 729.) § 8782. Enforcement of regulations—The Sec- retary of the Treasury be, and he is horeby, authoriz- ed and directed to enforce the provisions of this Act and Of Such rules and regulations as may be made by authority thereOf ; to issue, Suspend, and revoke licens- es for the maintenance of establishments aforesaid, and to detail for the discharge of such duties such officers, agentS, and employees of the Treasury De- partment as may in his judgment be necessary. (July 1, 1902, c. 1378, § 5, 32 Stat. 729.) § 8783. Interference with officers—No person shall interfere, with any officer, agent, or employee of the Treasury Department in the performance Of any duty imposed upon him by this Act or by regulations # 8784 (Tit. 56B INTERSTATE AND FOREIGN COMMERCE made by authority thereof. (July 1, 1902, 6, 32 Stat. 729.) , . - § 8784. Punishment for violations of aet—Any person who shall violate, or aid or abet in Violating, any Of the provisions Of this Act, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exeeeding one year, or by both such c. 1378, § fine and imprisonment, in the discretion of the court. (July 1, 1902, c. 1378, § 7, 32 Stat. 729.) § 8785. (1) Preparation, and sale of worth- less or harmful products for domestic animals prohibited; preparation, to be in compliance with rules at lie ensed establishments—From and after July first, nineteen hundred and thirteen, it shall be unlawful for any person, firm, or Corporation to pre- pare, sell, barter, or exchange in the District of Co- lumbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment from One State. Or Territory Or the District of Columbia to any other State or Terri- tory or the District of Columbia, any worthless, con- taminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treat- ment of domestic animals, and no person, firm, or cor- poration shall prepare, sell, barter, exchange, Or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or anal- Ogous product shall have been prepared, under and in compliance with regulations prescribed by the Secre- tary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Sec- retary of Agriculture as hereinafter authorized. (2) Importation regulated and prohibited—The importation into the United States, without a permit from the Secretary of Agriculture, of any virus, se- rum, toxin, or analogous product for use in the treat- ment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treat- ment of domestic animals, are hereby prohibited. . (3) Inspection of imports; denial of entry and destruction—The Secretary of Agriculture is here- by authorized to cause the Bureau. of Animal Industry to examine and inspect all viruses, serums, toxins, and analogous products, for use in the treatment of do- mestic animals, which are being imported or offer- ed for importation into the United States, to deter- mine whether such viruses, serums, toxins, and anal- ogous products are worthless, contaminated, danger- ous, or harmful, and if it shall appear that any such virus, serum, toxin, or analogous product, for use in the treatment of domestic animals, is worthless, con- taminated, dangerous, or harmful, the same shall be denied entry and shall be destroyed or returned at the expense of the owner or importer. (4) Regulations for preparation and sale; ii- censes—The Secretary of Agriculture be, and here- by is, authorized to make and promulgate from time to time such rules and regulations as may be neces- sary to prevent the preparation, sale, barter, exchange, or shipment as aforesaid of any worthless, contami- nated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domes- tic animals, and to issue, suspend, and revoke licenses for the maintenance of establishments for the prep- aration of viruses, serums, toxins, and analogous prod- ucts, for use in the treatment of domestic animals, in- tended for sale, barter, exchange, or shipment as aforesaid. - . (5) Permits for importation—The Secretary of Agriculture is hereby authorized to issue permits for the importation into the United States of viruses, se- rulms, toxins, and analogous products, for use in the treatment of domestic animals, which are not worth- less, contaminated, dangerous, or harmful. - . . (6) Inspection; establishments for prepara- tion; suspension of licenses—All licenses issued un- IPage 1416] - prisonment, in the discretion of the Court. 8787. Board of experts; der authority of this Act to establishments where such viruses, serums, toxins, or analogous products are prepared for sale, barter, exchange, or shipment as aforesaid, shall be issued on condition that the li- censee "shall permit the inspection of such establish- ments and of such products and their preparation; and the Secretary of Agriculture may suspend or re- voke any permit or license issued under authority of this Act, after Opportunity for hearing has been grant- ed the licensee or importer, when the Secretary of Agriculture is satisfied that such license or permit is being used to facilitate or effect the preparation, Sale, barter, exchange, or shipment as aforesaid, or the importation into the United States of any worthless, contaminated, dangerous, or harmful virus, Serum, toxin, or analogous product for use in the treatment Of domestic animals. ..- (7) Same; licensed establishments by—Any offi- cer, agent, or employee of the Department of Agricul- ture duly authorized by the Secretary. Of Agricul- ture for the purpose may, at any hour during the day- time or nighttime, enter and inspect any establish- ment licensed under this Act where any virus, serum, toxin, or analogous product for use in the treatment of domestic animals is prepared for sale, barter, ex- change, or shipment as aforesaid. . (8) Punishment for violations of act—Any per- son, firm, or corporation who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not exceeding $1,000 or by imprisonment not exceeding one year, or by both such fine and im- (March 4, 1913, c. 145, 37 Stat. S32.) Sec. Chapter I—Teas 8786. Importation of tea inferior to standard; bond of im- porter; regulation of use of inferior importation. appointment; term; vacancies; Com- pensation. - 8788. Standards of purity; duplicate samples at custom-hous- es and for importers and dealers. 8789. Bonds of importers; examination; importations at ports - having no examiner. - - 8790. Permit for delivery; retention of inferior grades; re- examination; partial delivery. 8791. Appeals to general appraisers; permit for delivery; ex- - portation or destruction of inferior grades. 8792. Examiners; examination according to usages of trade. 8793. Re-examination by general appraisers; advice of ex- . perts. e 8794. Forfeiture of rejected teas reimported. 8795. Hegulations. 8796. Former act to apply to teas on shipboard. § 8786. Importation of tea inferior to stand- ard; bornd of importer; regulation of use of in- £erior importation—From and after May first, eight- een hundred and ninety-seven, it shall be unlawful for any person or persons or corporation to import Or bring into the United States any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards provided in Section three of this Act, and the importation. Of all Such merchandise is hereby prohibited. Provided, That nothing herein shall affect or prevent the importa- tion into the United States, under such regulations as the Secretary of the Treasury may prescribe, Of any merchandise as tea which may be inferior in purity, quality, and fitness for consumption to the standards established by the Secretary of the Treas- ury, or of any tea waste, tea siftings, or tea sweep- ings, for the sole purpose of manufacturing theine, Caffeine, or other chemical products whereby the identity and character of the Original material is entirely destroyed or changed; and that importers and manufacturers who import or bring into the Unit- ed States Such tea, tea. Waste, tea. Siftings, Or tea sweepings shall give Suitable bond, to be approved as to amount and securities by the Secretary of the Treasury, Conditioned that said imported material shall be only used for the purposes herein provided, under such regulations as may be prescribed by the Ch. I) 3 8793 INTERSTATE AND FOREIGN COMMERCE [Page 1417] Secretary of the Treasury. (March 2, 1897, c. 358, § 1, 29 Stat. 604, amended, May 16, 1908, c. 170, 35 Stat. 163.) § 8787. Board of experts; appointment; term; vacancies; compensation—Immediately after the passage of this Act, and on or before February fiſ- teenth of each year thereafter, the Secretary of the Treasury shall appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard Samples of tea; that the persons so appointed shall be at all times subject to removal by the said Secre- tary, and shall serve for the term of one year; that Vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forth- With filled by the Secretary of the Treasury by ap- pointment, such appointee to hold for the unexpired term; that said board Shall appoint a presiding Officer, Who shall be the medium of all communications to Or from such board; that each member of said board shall receive as compensation the sum of fifty dollars per annum, which, together with all necessary expenS- es while engaged upon the duty herein provided, shall be paid out of the appropriation for “expenses Of col- lecting the revenue from customs.” (March 2, 1897, c. 358, § 2, 29 Stat. 605.) § 8788. Standards of purity; duplicate sam- ples at custom-houses –and–for- importers and T dealers—The Secretary of the Treasury, upon the recommendation of the Said board, shall fix and estab- lish uniform standards of purity, quality, and fitness for Consumption of all kinds of teas imported into the United States, and shall procure' and deposit in the custom-houses of the ports of New York, Chicago, San Francisco, and such other ports as he may de- termine, duplicate samples of such standards; that said Secretary shall procure a sufficient number of Other duplicate samples of such Standards to supply the importers and dealers in tea at all ports desiring the same at cost. All teas, or merchandise described as tea, of inferior purity, quality, and fitness for COn- Sumption to Such standards shall be deemed within the prohibition of the first Section hereof. (March 2, 1897, c. 358, § 3, 29 Stat. 605.) § 8789. Bonds of importers; examination; im- portations at ports having no examiner—On mak- ing entry at the custom-house of all teas, or merchan- dise described as tea, imported into the United States, the importer Or consignee Shall give a bond to the COllector Of the port that Such merchandise shall not be removed from the Warehouse until released by the Collector, after it shall have been duly examined with reference to its purity, quality, and fitness for con- Sumption; that for the purpose of such examination Samples Of each line in every invoice of tea shall be Submitted by the importer or consignee to the examin- er, together With the SWOrn statement Of Such import- er Or ConSignee that Such Samples represent the true Quality of each and every part of the invoice and ac- COrd with the Specifications therein contained; or in the discretion of the Secretary of the Treasury, such Samples shall be obtained by the examiner and com- pared by him with the standards established by this Act; and in cases where said tea, or merchandise de- scribed as tea, is entered at ports where there is no Qualified examiner as provided in Section Seven, the COnSignee Or importer shall in the manner aforesaid ſurnish under Oath a Sample of each line Of tea to the Collector or Other revenue Officer to Whom is commit- ted the Collection of duties, and said officer shall also draw or Cause to be drawn Samples Of each line in every invoice and shall forward the same to a duly qualified examiner as provided in section seven: Pro- vided, however, That the bond above required shall also be conditioned for the payment of all custom- house charges which may attach to such merchandise prior to its being released or destroyed (as the case may be) under the provisions of this Act. (March 2, 1897, c. 358, § 4, 29 Stat. 605.) $ 8790. Permit for delivery; retention of in- ferior grades; re-examination; partial delivery —If, after an examination as provided in section four, the tea is found by the examiner to be equal in purity, quality, and fitness for consumption to the standards hereinbefore provided, and no reexamination shall be demanded by the collector as provided in section six, a permit shall at Once be granted to the importer Or COInsignee declaring the tea free from the Control Of the Customs authorities; but if On examination such tea, or merchandise described as tea, is found, in the Opinion of the examiner, to be inferior in purity, qual- ity, and fitness for Consumption to the said standards the importer Or Consignee shall be immediately noti- fied, and the tea, or merchandise described as tea, Shall not be released by tho custom-house, unless On a reexamination called for by the importer or consignee the finding of the examiner shall be found to be er- roneous: Provided, That should a portion of the in- voice be passed by the examiner, a permit shall be granted for that portion and the remainder held for further examination, as provided in section six. (March 2, 1897, c. 358, § 5, 29 Stat. 605.) $ 8791. Appeals to general appraisers; permit for delivery; exportation or destruction of infe- rior grades—In case the Collector, importer, Or COIn- signee shall protest against the finding of the examin- er, the matter in displite shall be referred for decision to a board of three United States general appraisers, to be designated by the Secretary of the Treasury, and if such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a per- mit shall be issued by the CollectOr for its release and delivery to the importer; but if upon such final re- examination by such board the tea shall be ſound to be inferior in purity, quality, and fitness for COnsump- tion to the said standards, the importer or consignee shall give a bond, with security satisfactory to the Col- lector, to export said tea, or merchandise described aS tea, Out of the limits Of the United States Within a period of six months after Such final reexamination; and if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. (March 2, 1897, c. 358, § 6, 29 Stat. 606.) $ 8792. Examiners; examination according to usages of trade—The examination herein provided for shall be made by a duly qualified examiner at a port where Standard Samples are established, and where the merchandise is entered at ports where there is no qualified examiner, the examination shall be made at that one of said ports which is nearest the port of entry, and that for this purpose samples of the mer- chandise, obtained in the mannier prescribed by sec- tion four of this Act, shall be forwarded to the prop- er port by the Collector or chief Officer at the port of entry; that in all cases of examination or reexamina- tion of teas, or merchandise described as tea, by ex- aminers or boards of United States general apprais- ers under the provisions of this Act, the purity, quali- ty, and fitness for consumption of the same shall be tested according to the usages and customs of the tea trade, including the testing of an infusion of the same in boiling water, and, if necessary, chemical analysis. (March 2, 1897, c. 358, § 7, 29 Stat. 606.) § 8793. Re-examination by general apprais- ers; advice of experts—In cases of reexamination Of teas, or merchandise described as teas, by a board of United States general appraisers in pursuance of the provisions hereOf, samples of the tea, or merchan- dise described as tea, in dispute, for transmission to such board for its decision, shall be put up and sealed by the examiner in the presence of the im- porter or consignee if he so desires, and transmit- ted to Such board, together with a copy of the find- ing of the examiner, setting forth the cause of con- demnation and the claim or ground of the protest Of 3 8794 (Tit. 56B INTERSTATE AND FOREIGN commRRCE IPage 14181 the importer relating to the same, such Samples, and the papers therewith, to be distinguished by such mark that the same may be identified; that the deci- Sion of Such board shall be in writing, signed by them, and transmitted, together with the record and sam- ples, Within three days after the rendition thereof, to the collector, who shall forthwith furnish the exam- iner and the importer or consignee with a copy of Said decision or finding. The board of United States general appraisers herein provided for shall be au- thorized to obtain the advice, when necessary, of per- sons skilled in the examination of teas, who shall each receive for his Services in any particular case a com- pensation not exceeding five dollars. (March 2, 1897, c. 358, § 8, 29 Stat. 606.) - - $ 8794. Forfeiture of rejected teas reim- ported—No imported teas which have been rejected by a customs examiner or by a board of United States general appraisers, and exported under the provisions of this Act, shall be reimported into the United States under the penalty of forfeiture for a violation of this prohibition. (March 2, 1897, c. 358, § 9, 29 Stat. 606.) * $ 8795. Regulations—The Secretary of the Treasury Shall have the power to enforce the provi- Sions of this Act by appropriate regulations. (March 2, 1897, c. 358, § 10, 29 Stat. 607.) § 87.96. the United States at the time of the passage of this Act Shall not be subject to the prohibition hereof, but the provisions of the Act entitled “An Act to prevent the importation of adulterated and spurious teas,” approved March second, eighteen hundred and eighty- three, shall be applicable thereto. (March 2, 1897, c. 358, § 11, 29 Stat. 607.) , , Chapter J–Opium Sec. $797. Importation by Chinese prohibited. 8798. Same; forfeiture. . . '' - 8799. Importation, transportation, and trafficking in in China. by citizens prohibited. ' 8800. Importation of opium, or any preparation or derivative thereof, except for medicine unlawful; duties on im- ports. . . . . - - 8801. Unlawful importation; forfeiture; punishment; pos- session as evidence. - - - 8801a. Presumption and burden of proof as to time of impor- tation. . . * , - - - 8801b. Receiving or having in possession or concealing on - vessel or vehicle, Smoking... opium, punishable; evi- dence; forfeiture. • - : 8801c. Smoking opium not admitted for transportation to an- other country, nor transferred from one vessel to an– other. , - - .” 8801d. Exportation of drugs unlawful, regulating entry thereof; promulgation of regula- tions. - - . . . . - . Same; punishment; share of fine to informer. Vessel arriving having drug not shown on manifest; penalty and forfeiture. - 8801e. 8801f. § 8797. Importation by Chinese prohibited— The importation of Opium into any of the ports of the United States by any subject of the Emperor of China is hereby prohibited. - - Every person guilty of a violation of the preceding provision shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine Of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, Or by both such fine and imprisonment, in the discretion of the court. (Feb. 23, 1887, c. 210, § 1, 24 Stat. 409.) § 8798. Same; forfeiture—Every package con- taining opium, either in whole or in part, imported into the United States by any subject Of the Em- peror of China, shall be deemed forfeited to the Unit- ed States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the violation of the laws relating to other illegal im- portations. (Feb. 23, 1887, c. 210, § 2, 24 Stat. 409.) § 8799. Importation, transportation, and trafficking in in China by citizens prohibited—No Former act to apply to teas on ship- - board-Teas actually on shipboard for shipment to except to countries citizen of the United States shall import opium into any of the open ports of China, nor transport the Same from One open port to any other open port, or buy or sell Opium in any of such open ports of China, nor Shall any Vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or OWned by any citizen of the United States, either in Whole or in part, and employed by persons not citi- zens of the United States, take or carry opium into any Of Such Open ports of China, or transport the Same from One open port to any other open port, or be engaged in any traffic therein between or in such Open ports Or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both Such punishments, in the discretion of the Court. The COnSular Courts of the United States in China, Concurrently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and deter- mine all cases arising under the foregoing provisions of this section, Subject to the general regulations pro- vided by law. Every package . Of Opium or package Containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China ; and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial powers within the Empire of China. (Feb. 23, 1887, c. 210, § 3, 24 Stat. 409.) § 8800. Importation of , opium or any prep- aration or derivative thereof, except for medi- cine, unlawful; duties on imports—After the first day of April, nineteen hundred and nine, it shall be unlawful to import into the United States Opium in any form or any preparation or derivative thereof: Provided, That opium and preparations and deriva- tives thereof, other than Smoking Opium or Opium pre- pared for Smoking, may be imported for medicinal purposes only, under regulations which the Secretary. of the Treasury is hereby authorized to prescribe, and when so imported shall be subject to the duties which are now or may hereafter be imposed by law. (Feb. 9, 1909, c. 100, § 1, 35 Stat. 614, amended, Jan. 17, 1914, c. 9, 38 Stat. 275.) - - - - § 8801. Unlawful importation; forfeiture; punisiarment; possession as evidence—If any person shall fraudulently or knowingly import or bring into the United States, or assist in so doing, any opium or any preparation or derivative thereof contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such Opium or preparation or derivative thereof after importation, knowing the same to have been imported contrary to law, such opium or preparation or deriva- tive thereof shall be forfeited and shall be destroyed, and the Offender shall be fined in any sum not exceed- ing $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have, or to have had, possession of such Opium or preparation or derivative thereof, such pos- session shall be deemed sufficient evidence to author- ize conviction unless the defendant shall explain the possession to the satisfaction of the jury. (Feb. 9, 1909, c. 100, § 2, 35 Stat. 614, amended, Jan. 17, 1914, c. 9, 38 Stat. 275.) $ 880la. Presumption and burden of proof as to time of importation—On and after July first, nineteen hundred and thirteen, all smoking opium or Opium prepared for Smoking found within the United States Shall be presumed to have been imported after the first day of April, nineteen hundred and nine, and the burden of proof shall be on the claimant or the Ch. K) # 8804 INTERSTATE AND FOREIGN COMMERCE [Page 1419 M g accused to rebut such presumption. (Jan. 17, 1914, c. 9, § 3, 38 Stat. 275.) § 8801 b. Receiving or having in possession or concealing on vessel, or vehicle, smoking opium, punishable; evidence; forfeiture—Any person Sub- ject to the jurisdiction of the United States who shall, either as principal or as accessory, receive or have in his possession, or conceal on board Of Or transport On any foreign or domestic vessel or other Water Craft Or railroad car or other vehicle dostined to or bound from the United States or any possession thereof. any smoking Opium or Opium prepared for Smoking, Or who, having knowledge of the presence in Or On any such vessel, water craft, or vehicle of such article, shall not report the same to the principal officer there- of, shall be subject to the penalty provided in Sec- tion tWO Of this Act. Whenever On trial for violation Of this Section the defendant is shown to have Or to have had possession of such opium, such possession shall be deemed Sufficient evidence to authorize COn- Viction, unless the defendant shall explain the posses- sion to the satisfaction of the jury: Provided, how- ever, That any master of a vessel or other water craft, Or person in charge of a railroad car or other vehicle, Shall not be liable under this section if he shall Sat- isfy the jury that he had no knowledge and used due diligence to prevent the presence of such article in or On such vessel, water craft, car, or other vessel, and any such article shall be forfeited and shall be de- stroyed. (Jan. 7, 1914, c. 9, § 4, 38 Stat. 275.) § 8801c. Smoking opium not admitted for transportation to another country, nor trans- ferred from one vessel to another—No smoking Opium or opium prepared for smoking shall be admit- ted into the United States, or into any territory under the control or jurisdiction thereof, for transportation to another country, nor shall such Opium be trans- for red Or transshipped from One vessel to another ves- Sel within any waters of the United States for imme- diate exportation or any other purpose. (Jan. 17, 1914, c. 9, § 5, 38 Stat. 275.) § 8801d. Exportation of drugs unlawful, ex- cept to countries regulating entry thereof; pro- mulgation of regulations—Hereafter it shall be un- lawful for any person subject to the jurisdiction of the United States to export or cause to be exported from the United States, or from territory under its COntrol or jurisdiction, or from Countries in which the |United States exercises extraterritorial jurisdiction, any Opium or cocaine, or any salt, derivative, or prep- aration of opium or cocaine, to any other country: Provided, That opium or cocaine, and salts, deriva- tives, or preparations thereof, except smoking opium Or Opium prepared for smoking, the exportation of which is hereby absolutely prohibited, may be export- ed to countries regulating their entry under such reg- ulations as are prescribed by such country for the importation thereof into such country, such regula- tions to be promulgated from time to time by the Sec- retary of State of the United States. The Secretary of State shall request all foreign Gov- ernments to communicate through the diplomatic Channels copies of laws and regulations promulgated in their respective countries which prohibit or regu- late the importation of the aforesaid drugs, and when received advise the Secretary of the Treasury and the Secretary of Commerce thereof; whereupon the Sec- retary of State, the Secretary of the Treasury, and the Secretary of Commerce shall make and publish all proper regulations for carrying the provisions of this section into effect. (Jan. 17, 1914, c. 9, § 6, 38 Staf. 275.) $ 8801e. , Same; punishment; share of fine to informer–Any person who exports or causes to be exported any of the aforesaid drugs in violation of the preceding section shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprison- ment for any time not exceeding two years, or both. And one-half of any fine recovered from any person Or persons convicted of an offense under any section Sec. Of this Act may be paid to the person or persons giv- ing information leading to such recovery, and one- half of any bail forfeited and collected in any pro- ceedings brought under this Act may be paid to the perSon Or persons giving the information which led to the institution of such proceedings, if so directed by the Court exercising jurisdiction in the case: Provid- ed., That no payment for giving information shall be made to any officer or employee of the United States. (Jan. 17, 1914, c. 9, § 7, 38 Stat. 277.) $ 8801f. Wessel arriving having drug not showin on manifest; penalty and forfeiture— Whenever Opium or cocaine or any preparations or derivatives thereof shall be found upon any vessel arriving at any port of the United States which is not shown upon the vessel’s manifest, as is provided by Sections twenty-eight hundred and six and twenty- eight hundred and Seven Of the Revised Statutes, Such vessel shall be liable for the penalty and for- feiture prescribed in section twenty-eight hundred and nine of the Revised Statutes. (Jan. 17, 1914, C. 9, § 8, 38 Stat. 277.) See §§ 5503, 5504, 5506. Chapter K–Falsely Stamped Gold or Silver or Goods Manufactured - Therefrom 8802. Stamping with words “United States assay,” or other- wise, to convey impression that the Government has certified to fineness or quality. 8803. Same; penalty. 8804. Same; forfeiture. 8805. Importation or exportation, deposit for transmission in mails, or interstate transportation, of articles falsely stamped to indicate fineness or quality, forbidden. 8806. Standard of fineness; articles made of gold; deviation from marked fineness allowable; tests, 8807. Same; articles made of silver; deviation from marked marks; tests. fineness allowable; words “sterling” or “coin” 8808. Stamping plated articles; forbidden. 8809. Violations of law; tions. 8810. Expression “article of merchandise” defined. 8811. Articles subject to laws of state without exemption by reason of being introduced in original packages or Otherwise. § 8802. Stamping with words “United States assay,” or otherwise, to convey impression that the Government has certified to finerless or qual- ity—It shall be unlawful for any person, partnership, association, or corporation engaged in Commerce among the several States, Territories, District of Columbia, and possessions of the United States, or With any foreign COuntry, to stamp any gold, silver, or goods manufactured therefrom, and which are in- tended and used in Such Commerce, with the words “United States assay,” or with any words, phrases, or devices calculated to convey the impression that the United States Government has certified to the fineness or quality of such gold or silver, or of the gold or silver contained in any of the goods manufactured thereſrom. Each and every such stamp shall con- stitute a separate offense. (Feb. 21, 1905, c. 720, § 1, 33 Stat. 732.) * § 8803. Same; penalty—Every person. partner. ship, association, or corporation violating the provi- sions of this Act, and every officer, director, or man- aging agent Of Such partnership, association, or cor- poration having knowledge of such violation and (li- rectly participating in such violation or consenting thereto, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished with a fine of not more than five thousand dollars Or imprisonment for not more than One year, or both, at the discretion of the court. (Feb. 21, 1905, c. 720, § 2, 33 Stat. 732.) § 8804. Same; forfeiture—Any gold, silver, or goods manufactured thereſrom after the date of thq passage of this Act, bearing any of the stamps, words, phrases, Or devices prohibited to be used under Sec- tion One hereof, and being in the course of transporta- tion from One State to another, or to or from a Ter- penalty; jurisdiction of prosecu- # 8805. (Tit. 56B INTERSTATE AND FOREIGN COMMERCE IPage 1420] ritory, the District of Columbia, or possessions of the United States, shall be forfeited to the United States, and Imay be seized and COndemned by like pro- ceedings as those provided by law for the forfeiture, . seizure, and condemnation of property imported into the United States contrary to law. (Feb. 21, 1905, c. 720, § 3, 33 Stat. 732.) - § 8805. Importation or exportation, deposit for transmission in mails, or interstate trans- portation, of articles falsely stamped to indicate fineness or quality, forbidden—It shall be unlawful for any person, firm, Corporation, Or association, be- ing a manufacturer of or wholesale or retail dealer in gold or silver jewelry or gold ware, silver goods or silverware, or for any officer, manager, director, or agent Of Such firm, Corporation, or association to im- pOrt Or export Or Cause to be imported into Or export- ed from the United States for the purpose of selling or disposing of the same, or to deposit or cause to be deposited in the United States mails for transmission thereby, Or to deliver Or cause to be delivered to any COmmon Carrier for transportation from One State, Territory, or possession of the United States, or the District of Columbia, to any other State, Territory, or possession of the United States, or to said Dis- trict, in interstate commerce, or to transport or cause to be transported from one State, Territory, or pos- session of the United States, or from the District of Columbia, to any other State, Territory, or posses- sion of the United States, or to said District, in in- terstate Commerce, any article of merchandise man- ufactured after the date when this Act takes effect and made in whole or in part of gold or silver, or any alloy Of either of said metals, and having stamped, branded, engraved, or printed thereon, or upon any tag, Card, Or label attached thereto, or upon any box, package, COver, Or wrapper in which said article is incased or inclosed, any mark, or word indicating or designed Or intended to indicate that the gold or sil- Ver Or alloy of either of said metals in Such article is. of a greater degree of fineness than the actual fine- | ness Or quality of such gold, silver, or alloy, accord- ing to the Standards and subject to the qualifications Set forth in sections two and three of this Act. 13, 1906, c. 3289, § 1, 34 Stat. 260.) - $ 8896. Standard of fineness; articles made of gold; deviation from marked fineness allowable; tests–In the case of articles of merchandise made in whole or in part of gold or of any of its alloys so imported into or exported from the United States, or so deposited in the United States mails for trans- mission, or SO delivered for transportation to any COmmon Carrier, Or SO transported Or caused to be transported as specified in the first section of this Act, the actual fineness of such gold or al- loy shall not be less by more than one-half of one carat than the fineness indicated by the mark stamped, branded, engraved, or printed upon any part of such article, or upon any tag, card, or label at- tached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed; except that in the case of watch cases and flat ware, so made of gold or of any of its alloys, the actual fineness of such gold or alloy shall not be less by more than three one-thousandth parts than the fine- ness indicated by the mark stamped, branded, en- . graved, or printed upon Such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed. Provided, That in any test for the ascertainment of the fineness of any article men- tioned in this section, a CCOrding to the foregoing standards, the part of the article taken for the test, analysis, or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or unit- ing the parts of said article: Provided, further, That in the case of any article mentioned in this section, (June || in addition to the foregoing tests and standards, the actual fineness Of the entire quantity of gold Or Of its alloys contained in Such article, including all solder and alloy of inferior fineness used for brazing Or uniting the parts of such article (all such gold, al- l'Oys, and solder being a SSayed as one piece), shall not be less by more than One Carat than the fineness indicated by the mark Stamped, branded, engraved, Or imprinted upon such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed, it being intended that the standards of fineness and the tests or methods for ascertaining the same provided in this section for articles mentioned therein shall be concurrent and not alternative. (June 13, 1906, c. 3289, § 2, 34 Stat. 260.) $ 8807. Same; articles made of silver; devia- tion from Imarked fineness allowable; marks; tests—In the Case of articles of merchandise made in whole or in part of silver or any of its alloys so im- ported into or exported from the United States, Or so deposited in the United States mails for transmis- sion, or so delivered for transportation to any com- mon Carrier, Or SO transported Or Caused to be trans- ported as specified in the first section of this Act, the actual fineness of the Silver or alloy thereof. Of which such article is wholly or partly composed shall not be less by more than four one-thousandth parts than the actual fineness indicated by any mark (oth- er than the word “sterling” or the word “coin”) Stamped, branded, engraved, or printed upon any part Of such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed; and that no such article or tag, card, or label attach- ed thereto, Or box, package, cover, or wrapper in which such article is incased or inclosed shall be marked, stamped, branded, engraved, or printed with the word “sterling” or “sterling silver” or any color- able imitation thereof, unless such article or parts thereof purporting to be silver contains nine hundred and twenty-five one-thousandth parts pure silver ; and that no Such article, tag, Card, label, box, package, cover, or Wrapper shall be marked, stamped, branded, engraved, or printed with the words “coin” or “coin silver” or colorable imitation thereof unless such ar- ticle or parts thereof purporting to be silver Con- tains nine hundred one-thousandth parts pure silver: Provided, That in the case of all such articles whose fineness is indicated by the word “sterling” or the Word “coin” there shall be allowed a divergence in the fineness of four one-thousandth parts from the foregoing standards: Provided, That in any test for the ascertainment of the fineness of any such arti- Cle, mentioned in this section according to the fore- going Standards the part of the article taken for the test, analysis, Or assay shall be such part or portion aS does not Contain Or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of such article: Provided fur- ther, That in the case of any article mentioned in this section, in addition to the foregoing tests and standards, the actual fineness of the entire quantity of silver or of its alloys contained in such article, including all solder and alloy of inferior fineness used for brazing Or uniting the parts Of Such article (all such Silver, alloys, and solder being assayed as one piece), shall not be less by more than ten one- , thousandth parts than the fineness indicated by the marked, stamped, branded, engraved, Or imprinted upon such article, or upon any tag, card, or label at- tached thereto, or upon any box, package, COver, Or wrapper in which such article is incased or inclosed, it being intended that the standards of fineness and the tests or methods for ascertaining the same pro- vided in this section for articles mentioned therein shall be concurrent and not alternative. (June 13, 1906, c. 3289, § 3, 34 Stat. 261.) . Ch. L) 3 8814 INTERSTATE AND FOREIGN COMMERCE IPage 1421] § 8808. Stamping plated articles; words “ster- ling” or “coin” forbidden—In the case of articles of merchandise made in whole or in part of an inferior metal, having deposited Or plated thereOn Or brazed or otherwise affixed thereto a plating, covering, or sheet composed of gold or silver, or of an alloy of either of said metals, and known in the market as rolled gold plate, gold plate, gold filled, silver plate, Or gold or silver electroplate, or by any similar dies- ignation, so imported into or exported from the Unit- ed States, or so deposited in the United States mails for transmission, or so delivered to any common car- rier, Or so transported or caused to be transported as Specified in the first section of this Act, no such article, nor any tag, card, or label attached there- to, nor any box, package, cover, or wrapper in which Such article is incased or inclosed, shall be stamped, branded, engraved, or imprinted with any word or mark usually employed to indicate the fineness of gold, unless such word or mark be accompanied by Other Words plainly indicating that such article or part thereof is made of rolled gold plate, gold plate, Or gold electroplate, or is gold filled, as the case may be, and no such article, nor any tag, card, or label at- tached thereto, nor any box, package, cover, or wrap- per in which such article is incased or inclosed, shall be stamped, branded, engraved, or imprinted with the word “sterling” or the word “coin,” either alone Or in conjunction with other words or marks. (June 13, 1906, c. 3289, § 4, 34 Stat. 261.) $ 8809. Violations of law; penalty; jurisdic- tion of prosecutions—Each and every person, firm, corporation, or association, being a manufacturer of Or a Wholesale or retail dealer in gold or silver jewel- ry, gold ware, silver goods, or silverware, who or Which shall knowingly violate any of the provisions Of this Act, and every officer, manager, director, or managing agent Of any such Corporation Or aSSOCia- tion having knowledge of such violation and directly participating in such violation or consenting thereto, Shall be deemed guilty of a misdemeanor, and upon COnviction thereof in any Court Of the United States having jurisdiction of Crimes within the district in which such violation was committed or through which has been conducted the transportation of the article in respect to , which such violation has been COmmitted, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both, at the discretion of the Court. Whenever the offense is begun in One jurisdiction and completed in another it may be dealt With, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the Of- fense had been actually and wholly committed there- in. (June 13, 1906, c. 3289, § 5, 34 Stat. 262.) § 8810. Expression “article of merchandise” defined—The expression “article of merchandise” as used in this Act shall signify any goods, wares, works of art, commodity, or other thing which may be law- fully kept or offered for sale. (June 13, 1906, c. 3289, § 6, 34 Stat. 262.) $ 8811. Articles subject to laws of state with- out exemption by reason of being introduced in original packages or otherwise—All articles of mer- Chandise to which this Act applies which shall have been transported into any State, Territory, District, Or possession of the United States, and shall remain therein for use, Sale, or storage, shall, upon arrival in such State, Territory, District, Qr possession, be Subject to the Operation of all the laws of such State, Territory, District, or possession of the United States to the Same extent and in the same manner as though such articles of Imerchandise had been produced in such State, Territory, District, or possession, and shall not be exempt therefrom by reason of being introduced therein in Original packages or otherwise. (June 13, 1906, c. 3289, § 7, 34 Stat. 262.) Sec. Chapter L–Prevention of White- Slave Traffic Terms defined. Transportation of woman or girl for immoral purposes, or procuring ticket. Inducing transportation for immoral purposes. Inducing interstate transportation of woman or girl un- der 18 for immoral purposes. . Jurisdiction of prosecutions. (1) Prevention of transportation in foreign commerce of alien women and girls under international agree- ment; Commissioner General of Immigration des- ignated as authority to receive information; duty to receive and keep statements of and pertaining to them. (2) Same; statement by person keeping Woman or girl for immoral purposes; failure to file, making false statement, or failure to disclose facts. (3) Same; presumption of failure to file statement not on file; failure to furnish not excused by Self- criminating tendency; immunity from prosecution. What included in term “Territory”; construction of word “person”; liability of persons or corporations for acts and omissions of officers, agents or employees. 8819. Title of act. & § 8812. Terms defined—The term “interstate commerce,” as used in this Act, shall include trans- portation from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the term “foreign Com- merce,” as used in this Act, shall include transporta- tion from any—State—or Territory or—the Distriet– Of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia. (June 25, 1910, c. 395, § 1, 36 Stat. 825.) § 8813. Transportation of woman or girl for immoral purposes, or procuring ticket-Any per- son who shall knowingly transport or cause to be transported, or aid or assist in obtaining transporta- tion for, or in transporting, in interstate or foreign commerce, or in any Territory or in the District of Columbia, any woman or girl for the purpose Of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, en- tice, or compel such woman or girl to become a prosti- tute or to give herself up to debauchery, Or to engage in any other immoral practice; or who shall knowing- ly procure or obtain, or cause to be procured or ob. tained, or aid or assist in procuring or obtaining, any ticket or tickets, or any form of transportation Or evi dence of the right thereto, to be used by any WOIman Ol girl in interstate or foreign commerce, or in any Ter ritory or the District of Columbia, in going to any place for the purpose of prostitution or debauchery, Ol for any other immoral purpose, or with the intent Or purpose on the part of such person to induce, entice, Or compel her to give herself up to the practice Of prostitution, or to give herself up to debauchery, Or any other immoral practice, whereby any such WO- man or girl shall be transported in interstate or for- eign commerce, or in any Territory or the District of Columbia, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprison- ment of not more than five years, or by both Such fine and imprisonment, in the discretion of the Court. (June 25, 1910, c. 395, § 2, 36 Stat. 825.) § 8814. Inducing transportation for immoral purposes—Any person who shall knowingly persuade, induce, entice, or coerce, or cause to be persuaded, induced, enticed, or coerced, or aid or assist in per- Suading, inducing, enticing, Or Coercing any WOman or girl to go from one place to another in interstate or foreign commerce, or in any Territory or the DiS- trict of Columbia, for the purpose of prostitution or debauchery, or for any other immoral purpose, Or with the intent and purpose On the part Of Such perSOn that such woman or girl shall engage in the practice of prostitution or debauchery, or any other immoral practice, whether with or without her consent, and who shall thereby knowingly cause or aid Or assist 8812. 8813. 8814. 88.15. 8816. 8817. 88.18. * 8815 (Tit. 56p INTERSTATE AND FOREIGN COMMERCE IPage 1422I . in causing such woman or girl to go and to be Car- ried or transported as a passenger upon the line Or route of any common carrier or carriers in interstate or foreign commerce, or any Territory or the District of Columbia, shall be deemed guilty of a felony and On conviction thereof shall be punished by a fine Of not more than five thousand dollars, or by imprisonment for a term not exceeding five years or by both Such fine and imprisonment, in the discretion of the COurt. (June 25, 1910, c. 395, § 3, 36 Stat. 825.) § 8815. Inducing interstate transportation of woman or girl under 18 for immoral purposes- Any person who shall knowingly persuade, induce, entice, or coerce any woman or girl under the age of eighteen years from any State or Territory Or the District of Columbia to any other State or Territory or the District of Columbia, with the purpose and intent to induce or coerce her, or that she shall be induced or coerced to engage in prostitution Or de- bauchery, or any other immoral practice, and Shall in furtherance of such purpose knowingly induce Or cause her to go and to be carried or transported as a passenger in interstate commerce upon the line Or route of any common carrier or carriers, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment for a term not exceeding ten years, or by both such fine and impris- onment, in the discretion of the court. (June 25, 1910, c. 395, § 4, 36 Stat. 826.) § 8816. Jurisdiction of prosecutions—Any vio- lation of any of the above sections two, three, and four shall be prosecuted in any court having jurisdic- tion of Crimes within the district in which said ViO- lation was committed, or from, through, or into Which any such woman or girl may have been Carried Or transported as a passenger in interstate Or foreign commerce, or in any Territory or the District of CO- lumbia, contrary to the provisions of any of said Sec- tions. (June 25, 1910, c. 395, $ 5, 36 Stat. 826.) § 8817. (1) Prevention of transportation in foreign commerce of alien women and girls un- der international agreement; Commissioner Gen.- eral of Immigration designated as authority to receive information; duty to receive and keep statements of and pertaining to them—For the purpose of regulating and preventing the transporta- tion in foreign commerce of alien women and girls for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying Out the terms of the agreement or project of arrangement for the suppression of the white-slave traffic, adopted July twenty-fifth, nineteen hundred and two, for Sub- mission to their respective governments by the dele- gates of various powers represented at the Paris conference and confirmed by a formal agreement signed at Paris on May eighteenth, nineteen hundred and four, and adhered to by the United States On June sixth, nineteen hundred and eight, as shown by the proclamation of the President of the United States, dated June fifteenth, nineteen hundred and eight, the Commissioner-General of Immigration is hereby designated as the authority of the United States to receive and centralize information concern- ing the procuration of alien women and girls with a view to their debauchery, and to exercise super- Vision Over such alien women and girls, receive their declarations, establish their identity, and ascertain from them who induced them to leave their native Countries, respectively; and it shall be the duty of said Commissioner-General of Immigration to receive and keep On file in his office the statements and dec- larations which may be made by such alien women and girls, and those which are hereinafter required pertaining to Such alien women and girls engaged in prostitution or debauchery in this country, and to furnish receipts for such statements and declarations provided for in this, act to the persons, respectively, making and filing them. . • (2) Same; statement by person keeping wo— man or girl for immoral purposes; failure to file, making false statement, or failure to disclose facts—Every person who shall keep, maintain, con- trol, Support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after She shall have entered the United States from any COuntry, party to the said arrangement for the Suppression. Of the white-slave traffic, shall file with the Commissioner-General of Immigration a state- ment in writing setting forth the name of such alien Woman or girl, the place at which she is kept, and all facts as to the date of her entry into the United States, the port through which she entered, her age, nationality, and parentage, and concerning her pro- Curation to come to this country within the knowledge Of Such person, and any person who shall fail within thirty days after such person shall commence to keep, maintain, Control, support, or harbor in any house Or place for the purpose of prostitution, or for any Other immoral purpose, any alien woman or girl with- in three years after she shall have entered the United States from any of the countries, party to the said arrangement for the suppression of the white-slave traffic, to file such statement concerning such alien WOman. Or girl with the Commissioner-General Of Im- migration, or who shall knowingly and willfully state falsely or fail to disclose in such statement any fact Within his knowledge or belief with reference to the age, nationality, or parentage of any such alien wo- man or girl, or concerning her procuration to come to this country, shall be deemed guilty of a misde- meanor, and on conviction shall be punished by a fine Of not more than two thousand dollars, Or by im- prisonment for a term not exceeding two years, or by both such fine and imprisonment, in the discretion Of the Court. (3) Same; presumption of failure to file state- ment not on file; failure to furnish not excused. by self-criminating tendency; immunity from prosecution—In any prosecution brought under this Section, if it appear that any such statement required is not on file in the office of the Commissioner-General Of Immigration, the person whose duty it shall be to file such statement shall be presumed to have failed to file Said Statement, as herein required, unless Such perSon Or perSons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by him, or the information therein contained, might tend to crimi- nate him. Or Subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty Or forfeiture under any law Of the United States for Or on account of any transaction, matter, or thing, concerning which he may truthfully report in such statement, as required by the provisions of this section. (June 25, 1910, c. 395, § 6, 36 Stat. 826.) § 88.18. What included in term “Territory”; construction of word ‘‘person”; liability of per- sons or corporations for acts and omissions of officers, agents or employees—The term “Territory,” as used in this Act, shall include the district of Alas- ka, the insular possessions of the United States, ariſt! the Canal Zone. The word “person,” as used in this Act, shall be construed to import both the plural and the singular, as the case demands, and shall include Corporations, Companies, SOCieties, and associations. When construing and enforcing the provisions of this Act, the act, Omission, or failure Of any officer, agent, or other person, acting for Or employed by any other person or by any corporation, company, society, or association within the scope of his employment or Of- fice, shall in every case be also deemed to be the Tit. 56c) 3 8824 MONOPOLIES AND COMBINATIONS [Page 1423] act, omission, or failure of such other person, or of Such company, corporation, SOCiety, Or association, as well as that Of the person himself. (June 25, 1910, c. 395, § 7, 36 Stat. 827.) § 8819. Title of act—This Act shall be known and referred to as the “White-slave traffic Act.” (June 25, 1910, c. 395, § 8, 36 Stat. 827.) Chapter M-Child Labor This chapter contained Act Sept. 1, 1916, c. 432, 39 Stat. 675, prohibiting the transportation in interstate, etc., COm- merce of the products of child labor. This act Was declar- ed unconstitutional in Hammer v. Dagenhart, 38 Sup. Ct. 529, and is therefore omitted from this compilation. §§ 88192-8819 f. [Omitted.] See note at beginning of chapter. TITLE LVI C–MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Sec. o 8820. Trusts illegal; combination a misdemeanor; penalty. 8821. Monopolizing trade, misdemeanor; penalty. 8822. Trusts in Territories or District of Columbia, illegal; Combination a misdemeanor; penalty. 8823. Jurisdiction of courts; duty of district attorneys; pro- cedure; hearing. 8824. Precedence of hearing of suits arising under Acts; cer- tificate by Attorney General; composition of court; review by Supreme Court. 8825. Appeals to Supreme Court. 8826. Depositions for use in suits in equity. 8827. Bringing in additional parties. 8828. Forfeiture of property in transit. 8829. Suits by persons injured; amount of recovery. 8830. ‘‘Person” defined. 8831. Trusts in restraint of import trade-illegal; agents or principals; combination a misdemeanor; penalty. 8832. Jurisdiction of courts; duty of district attorneys; pro- cedure; hearing. 8833. Bringing in additional parties. 8834. Forfeiture of property in transit. 8835. Suits by persons injured; amount of recovery. 8835a. Words defined: (1) Antitrust laws. (2) Commerce. (3) Person or persons. Discrimination in price between purchasers lessening competition or tending to create a monopoly. Lease or sale of goods, or fixing price on condition that lessee or purchaser shall not use or deal in goods of competitor. Suits by persons injured; amount of recovery. Judgment against defendant in criminal prosecution or suit, prima facie evidence; limitations suspended pending such suit by United States, in respect of pri- vate rights of action based on same matter. Labor not a commodity; anti-trust laws to forbid labor or agricultural organizations. Acquisition by corporations of stock of other corpora- tions, restricted. No person to be officer or employé of more than one of certain banks, banking associations, or trust Compa- nies, or of two or more of certain other competing corporations; determination of eligibility. Dealings by common carrier with other corporation, where same person is director or officer of, or inter- ested in both ; preventing bidding of competition; statements of transactions filed; punishment. Time of taking effect of Act. Authority to enforce compliance With act; proceedings; hearings, findings, and orders and enforcement and review thereof; service of complaints, orders, and other processes. Suits against corporations; and process served. Suits by United States; subpoenas for witnesses. Directors, officers, or agents of corporations, authoriz- ing or doing any act constituting violation of law by Corporation. Jurisdictlon to restrain violations of act; duty of court to institute proceedings in equity; procedure. Remedy by injunctive relief against threatened loss or damage by violation of law; suits for injunbtive re- lief against common carrier subject to the interstate commerce actS. 8835p. Effect of partial invalidity of act. 8836. Use of Panama, Canal prohibited to vessels owned by person engaged in violations of Sherman Act. § 8820. Trusts illegal; combination a misde- meanor; penalty—Every contract, combination in the form of trust or otherwise, or conspiracy, in re- Straint of trade Or commerce among the several States, Or with foreign nations, is hereby declared to be ille- gal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on Convic- tion thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not ex- 8835b. 8835c. 8835d. 8835e. 8835f. 8835g. 8835)h. 3835i. 8835ii. 8835.j. 8835R. districts in which brought, 8835l. 8835m. 8835m. 8.8350. ceeding one year, or by both said punishments, in the discretion of the court. (July 2, 1890, c. 647, § 1, 26 Stat. 209.) See §§ 8571, 8578, 8580. e § 8821. Monopolizing trade, misdemeanor; penalty—Every person who shall monopolize, or at- tempt to monopolize, or combine or conspire With any other person or persons, to monopolize any part Of the trade or commerce among the several States, Or with foreign nations, shall be deemed guilty of a mis- demeanor, and, on conviction thereof, shall be punish- ed by fine not exceeding five thousand dollars, Or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the Court. (July 2, 1890, c. 647, § 2, 26 Stat. 209.) § 8822. Trusts in Territories or District of Columbia illegal; combination a misdemeanor; penalty—Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States Or of the District of Columbia, or in restraint of trade or commerce between any such Territory and an- other, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District Of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such Combi- nation or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, Shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the Court. (July 2, 1890, c. 647, § 3, 26 Stat. 209.) § 8823. Jurisdiction of courts; duty of dis- trict attorneys; procedure; hearing-The Several [circuit courts] of the United States are hereby in- vested with jurisdiction to prevent and restrain viola- tions of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. Such pro- ceedings may be by way of petition setting forth the case and praying that such violation shall be en- joined or otherwise prohibited. When the parties complained of shall have been duly notified Of Such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restrain- ing order or prohibition as shall be deemed just in the premises. (July 2, 1890, c. 647, § 4, 26 Stat. 209.) Words in brackets superseded by §§ 1266–1268. § 8824. Precedence of Ilearing of suits aris- ing under Acts; certifieate by Attorney-General; composition of court; review by Supreme Court— In any suit in equity pending or hereafter brought in any [circuit court] of the United States under the Act entitled “An Act to protect trade and COmmerce against unlawful restraints and monopolies,” approv- ed July second, eighteen hundred and ninety, “An Act to regulate commerce,” approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that hereafter may be 3 8824 (Tit. 56C MONOPOLIES AND COMBINATIONS [Page 1424] - enacted, wherein the United States is complainant, the Attorney-General may file with the clerk of such Court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each Of the [circuit] judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said circuit, if there be three or more; and if there be not more than two circuit judges, then be- fore them and such district judge as they may select; or, in case the full court shall not at any time be made up by reason of the necessary absence Or dis- Qualification of one or more of the said circuit judges, the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may des- ignate a district judge or judges within the circuit who shall be competent to sit in said court at the hearing Of Said Suit. in such case shall be equally divided in opinion as to the decision or disposition of said cause, or in the event that a majority of said judges shall be unable to agree upon the judgment, Order, Or decree finally disposing of said case in said court which should be entered in said cause, then they shall immediately certify that fact to the Chief Justice of the United States, who shall at Once designate and appoint SOme circuit judge to sit with said judges and to assist in determining said cause. Such order of the Chief Justice shall be immediately transmitted to the clerk Of the circuit Court in which said cause is pending, and shall be entered upon the minutes of said Court. Thereupon said cause shall at once be set down for teargument and the parties thereto notified in Writ- $ng by the clerk of said court of the action of the court and the date fixed for the reargument thereof. The provisions of this section shall apply to all CauS- eS and proceedings in all courts now pending, Or which may hereafter be brought. (Feb. 11, 1903, C. 544, § 1, 32 Stat. 823, amended, June 25, 1910, c. 428, 36 Stat. 854.) Words in brackets superseded by §§ 1266–1268. Acts re- ferred to are $$ 8563-8596, 8820–8823, 8827-8830. See, also, § 8599. *," § 8825. Appeals to Supreme Court—In every Suit in equity pending or hereafter brought in any [circuit court] of the United States under any of said Acts, wherein the United States is complainant, in- cluding cases submitted but not yet decided, an ap- peal from the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree of a circuit Court to the circuit court of appeals before this Act takes effect, the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Su- preme Court in the manner now provided by law. (Feb. 11, 1903, c. 544, § 2, 32 Stat. 823.) *. Words in brackets superseded by §§ 1266–1268. § 8826. Depositions for use in suits in equity —In the taking of depositions of witnesses for use in any suit in equity brought by the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopo- lies,” approved July Second, eighteen hundred and ninety, and in the hearings before any examiner or special master appointed to take testimony therein, the proceedings shall be open to the public as freely as are trials in Open Court; and no Order eXcluding the public from attendance on any such proceedings shall be valid or enforceable. (March 3, 1913, c. 114, 37 Stat. 731.) § 8827. Bringing in additional parties—When- ever it shall appear to the COurt before Which any proceeding under section four of this act may be pend- ing, that the ends of justice require that other par- ties should be brought before the court, the court In the event the judges sitting. ſ | may cause them to be summoned, whether they re- Side in the district in which the court is held or not; and Subpoenas to that end may be served in any dis- trict by the marshal thereof. (July 2, 1890, c. 647, § 5, 26 Stat. 210.) § 8828. Forfeiture of property in transit—Any property owned under any contract or by any combi- nation, Or pursuant to any conspiracy (and being the Subject thereof) mentioned in section One of this act, and being in the course of transportation from One State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and Condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation Of property imported into the United States contrary to law. (July 2, 1890, c. 647, § 6, 26 Stat. 210.) $ 8829. Suits by persons injured; amount of recovery—Any person who shall be injured in his business Or property by any other person or corpora- tion by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any [cir- Cuit Court] of the United States in the district in Which the defendant resides or is found, without re- Spect to the amount in controversy, and shall recov- er three fold the damages by him sustained, and the costs of Suit, including a reasonable attorney's fee. (July 2, 1890, c. 647, § 7, 26 Stat. 210.) Words in brackets superseded by §§ 1266–1268. 8835d, 8835e, 8835r. $ 8830. “Person” defined—The word “person,” Or “perSons,” wherever used in this act shall be deem- ed to include Corporations and associations existing under Or authorized by the laws of either the United States, the laws of any of the Territories, the laws Of any State, or the laws of any foreign country. (July 2, 1890, c. 647, § 8, 26 Stat. 210.) $ 8831. Trusts in restraint of import trade ii- legal; agents or principals; combination a mis- demeanor; penalty—Every combination, conspiracy, trust, agreement, or contract is hereby declared to be Contrary to public policy, illegal, and void when the Same is made by Or between two or more persons or Corporations either of whom, as agent or princi- pal, is engaged in importing any article from any foreign Country into the United States, and when such COImbination, Conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any man- ufacture into which such imported article enters or is intended to enter. Every person who is or shall hereafter be engaged in the importation of goods or any commodity from any foreign country in violation Of this section Of this Act, or who shall Combine or Conspire with another to violate the same, is guilty Of a misdemeanor, and on Conviction thereof in any Court Of the United States such person shall be fined in a Sum not less than one hundred dollars and not ex- ceeding five thousand dollars, and shall be further punished by imprisonment, in the discretion of the Court, for a term not less than three months nor ex- ceeding twelve months. (Aug. 27, 1894, c. 349, § 73, 28 Stat. 570, amended, Feb. 12, 1913, c. 40, 37 Stat. 667.) See §§ 8578, 8580, 8836. § 8832. Jurisdiction of courts; duty of dis- trict attorneys; procedure; hearing—The Several [circuit courts] of the United States are hereby in- vested with jurisdiction to prevent and restrain viola- tions Of Section seventy-three Of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute pro- ceedings in equity to prevent and restrain such vio- lations. Such proceedings may be by Way Of petitions setting forth the case and praying that such viola- tions shall be enjoined or otherwise prohibited. When See §§ Tit. 56c) Ž 8835e MONOPOLIES AND COMBINATIONS IPage 1425] the parties complained of shall have been duly noti- fied of Such petition the court shall proceed, as Soon as may be, to the hearing and determination of the case; and pending such petition and before final de- cree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. (Aug. 27, 1894, c. 349, § 74, 28 Stat. 570.) Words in brackets superseded by §§ 1266–1268. 8836g. § 8833. Bringing in additional parties-When- ever it shall appear to the court before Which any proceeding under the seventy-fourth section of this Act may be pending, that the ends of justice require that other parties should be brought before the Court, the court may cause them to be summoned, Whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. (Aug. 27, 1894, c. 349, § 75, 28 Stat. 570.) § 8834. Forfeiture of property in transit- Any property owned under any contract or by any Com- bination, or pursuant to any conspiracy, and being the subject thereof, mentioned in section seventy-three of this Act, imported into and being within the United States or being in the course of transportation from one State to another, or to or from a Territory or the See § -District of Columbia, shall be forfeited to the Unit- ed States, and may be seized and condemned by like proceedings as those provided by law for the for- feiture, seizure, and condemnation of property im- ported into the United States contrary to law. (Aug. 27, 1894, c. 349, § 76, 28 Stat. 570, amended, Feb. 12, 1913, c. 40, 37 Stat. 667.) § 8835. Suits by persons injured; amount of recovery—Any person who shall be injured in his business or property by any other person Or CorpOra- tion by reason of anything forbidden or declared to be unlawful by this Act may sue therefor in any circuit court of the United States in the district in Which the defendant resides or is found, without respect to the amount in controversy, and shall recover three- fold the damages by him sustained, and the Costs of suit, including a reasonable attorney's fee. (Aug. 27, 1894, c. 349, § 77, 28 Stat. 570.) See §§ 8835d, 8835e, 8835r. Jurisdiction transferred to Districts Courts by §§ 1266–1268. § 88.35a. Words defined: (1) Antitrust laws— “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and COmmerce against unlawful restraints and monopolies,” approv- ed July second, eighteen hundred and ninety; Sec- tions seventy-three to seventy-seven, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and nine- ty-four ; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue. for the Government, and for Other purposes,’ ” ap- proved February twelfth, nineteen hundred and thir- teen; and also this Act. (2) Commerce—“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the . United States or the District of Columbia or any for- eign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. COMP.ST.’18–90 (3) Person or persons—The word “person” Or “persons” wherever used in this Act shall be deemed to include corporations and associations existing un- der or authorized by the laws of either the United States, the laws of any of the Territories, the la VS of any State, or the laws of any foreign Country. (Oct. 15, 1914, c. 323, § 1, 38 Stat. 730.) See §§ 1, 5077a, 5078i, 8830. § 8835b. Discrimination in price between pur- chasers lessening competition or tending to create a monopoly—It shall be unlawful for any perSOn en- gaged in commerce, in the course of such commerce, either directly or indirectly to discriminate in price between different purchasers of commodities, which commodities are sold for use, consumption, or resale within the United States or any Territory thereof Or the District of Columbia or any insular possession Or other place under the jurisdiction of the United States, where the effect of such discrimination may be to substantially lessen competition or tend to create a monopoly in any line of commerce: Provided, That nothing herein contained shall prevent discrimination in price between purchasers Of Commodities On a C- count of differences in the grade, quality, or quantity of the commodity sold, or that makes Only due allow- ance for difference in the cost Of Selling Or transpor- tation, or discrimination in price in the same or dif- ferent communities made in good faith to meet Com- petition: And provided further, That nothing”here- in COntained shall prevent persons engaged in Sell- ing goods, Wares, Or merchandise in Commerce from selecting their Own Customers in bona fide transa C- tions and not in restraint of trade. (Oct. 15, 1914, C. 323, § 2, 38 Stat. 730.) § 883.5 c. Lease or sale of goods, or fixing price on condition that lessee or purchaser shall not use or deal in goods of competitor—It shall be un- lawful for any person engaged in commerce, in the Course Of Such commerce, to lease or make a sale Or Contract for sale of goods, wares, merchandise, ma- Chinery, Supplies Or Other Commodities, whether pat- ented or unpatented, for use, consumption or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or Other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, On the condition, agreement Or understanding that the lessee Or purchaser there- of shall not use Or deal in the goods, wares, merchan- dise, machinery, Supplies Or Other Commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, Sale, or contract for sale or such condition, agreement or understanding may be to Substantially lessen Competition or tend to create a monopoly in any line of commerce. (Oct. 15, 1914, c. 323, § 3, 38 Stat. 731.) § 8835d. Suits by persons injured; amount of recovery—Any perSOn Who shall be injured in his business or property by reason of anything forbid- den in the antitrust laws may sue therefor in any dis- trict Court Of the United States in the district in which the defendant resides Or is found Or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sus- tained, and the Cost Of Suit, including a reasonable attorney’s fee. (Oct. 15, 1914, c. 323, § 4, 38 Stat. 731.) See §§ 8829, 8835, 8835r. $ 8835e. Judgment against defendant in crim- inal prosecution or suit, prima facie evidence; limitations suspended pending such suit by Unit- ed States, in respect of private rights of action Thased on same matter—A final judgment Or decree hereafter rendered in any criminal prosecution or in any suit or proceeding in equity brought by or on behalf of the United States under the antitrust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant 3 8835e (Tit. 56C MONOPOLIES AND COMBINATIONS IPage 14261 in any suit or proceeding brought by any other par- ty against such defendant under said, laws as to all matters respecting which said judgment or decree WOuld be an estoppel as between the parties thereto: Provided, This section shall not apply to consent judg- ments or decrees entered before any testimony has been taken: Provided further, This section shall not apply to consent judgments or decrees rendered in Criminal proceedings or suits in equity, now pending, in which the taking of testimony has been commenced but has not been concluded, provided such judgments or decrees are rendered before any further testimony is taken. . - . - Whenever any suit or proceeding in equity or crim- inal prosecution is instituted, by the United States to prevent, restrain or punish violations of any of the antitrust laws, the running of the statute of limi- tations in respect of each and every private right of action arising under said laws and based in whole or in part on any matter complained of in said suit or proceeding shall be suspended during the pendency thereof. (Oct. 15, 1914, c. 323, § 5, 38 Stat. 731.) § 8835f. Labor not a commodity; antitrust laws not to forbid labor or agricultural organi- zations—The labor of a human being is not a com- modity Or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or hortfeultural Organizations, instituted for the purposes Of mutual help, and not having capital stock or con- ducted for profit, or to forbid or restrain jindividual. members of such organizations from lawfully carry- ing out the legitimate objects thereof; nor shall such Organizations, or the members thereof, be held or con- Strued to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. (Oct. 15, 1914, c. 323, § 6, 38 Stat. 731.) § 8835g. Acquisition by corporations of stock of other corporations, restricted—No corporation engaged in commerce shall acquire, directly or indi- rectly, the whole or any part of the stock or other share capital of another corporation engaged also in Commerce, where the effect of such acquisition may be to substantially lessen competition between the cor- poration whose stock is so acquired and the corpora- tion making the acquisition, or to restrain such com- merce in any Section Or Community, or tend to create a monopoly of any line of Commerce. • , No corporation shall acquire, directly or indirectly, the whole or any part Of the Stock or other share capital of two or more corporations engaged in Com- merce where the effect of such acquisition, or the use Of Such stock by the voting or granting of proxies or otherwise, may be to substantially lessen competition between such corporations, or any of them, whose stock or other share capital is so acquired, or to re- strain such commerce in any section or community, Or tend to create a monopoly Of any line of Commerce. This Section shall not apply to COrpOrations pur- chasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation engaged in commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from Owning and holding all Or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substan- tially lessen competition. - Nor shall anything herein contained be construed to prohibit any common carrier subject to the laws to regulate commerce from aiding in the construction of branches or short lines so located as to become feed- ers to the main line of the Company so aiding in such construction or from acquiring Or owning all, or any part of the stock of such branch lines, nor to prevent any such common carrier from acquiring and owning place: all or any part of the stock of a branch or short line COnstructed by an independent company where there is no Substantial competition between the company OWning the branch line so constructed and the com- pany owning the main line acquiring the property or an interest therein, nor to prevent such common car- rier from extending any of its lines through the medium of the acquisition of stock or otherwise of any other Such common carrier where there is no Substantial competition between the company extend- ing its lines and the company whose stock, property, Or an interest therein is so acquired. - Nothing contained in this section shall be held to affect or impair any right heretofore legally acquired: Provided, That nothing in this section shall be held or construed to authorize or make lawful anything heretofore prohibited or made illegal by the antitrust laws, nor to exempt any person from the penal pro- Visions thereof or the civil remedies therein provided. (Oct. 15, 1914, c. 323, § 7, 38 Stat. 731.) See § 8567. - $ 8835 h. No person to be officer or employé of more than one of certain Banks, banking as- sociations, or trust companies, or of two or more of certain other competing corporations; deter- mination of eligibility—From and after two years from the date of the approval of this Act no perSOn shall at the same time be a director or other officer or employee of more than one bank, banking association Or trust Company, organized or operating under the laws of the United States, either of which has de- posits, Capital, Surplus, and undivided profits aggre- gating more than $5,000,000; and no private banker Or person Who is a director in any bank or trust com- pany, Organized and Operating under the laws of a State, having deposits, capital, surplus, and undivided profits aggregating more than $5,000,000, shall be eligi- ble to be a director in any bank or banking association Organized or Operating under the laws of the United States. The eligibility of a director, officer, or em- ployee under the foregoing provisions shall be deter- mined by the average amount of deposits, capital, sur- ... plus, and undivided profits as shown in the official Statements of Such bank, banking association, or trust company filed as provided by law during the fiscal year next preceding the date set for the annual elec- tion of directors, and when a director, officer, or em- ployee has been elected or selected in, accordance with the provisions of this Act it shall be lawful for him to continue as such for one year thereafter under said election or employment. No bank, banking association or trust company, or- ganized Or Operating under the laws of the United States, in any city or incorporated town or village of more than two hundred thousand inhabitants, as shown by the last preceding decennial census of the United States, shall have as a director or other offi- cer or employee any private banker or any director or other officer or employé of any other bank, banking association or trust Company located in the same Provided, That nothing in this section shall apply to mutual savings banks not having a capital stock represented by shares: Provided further, That a director or other officer or employee of such bank, banking association, or trust Company may be a direc- tor or other officer or employee of not more than one other bank or trust company organized under the laws of the United States or any State where the entire capital stock of one is owned by stockholders in the other: And provided further, That nothing contained in this section shall forbid a director of class A of a Federal reserve bank, as defined in the Federal Re- serve Act from being an officer or director or both an officer and director in One member bank: And pro- vided further, That nothing in this Act shall prohibit any officer, director, or employee of any member bank or class A director of a Federal reserve bank, who shall first procure the consent of the Federal Reserve Board, which board is hereby authorized, at its dis- t; Tit. 56C) # 8835) MONOPOLIES AND COMBINATIONS [Page 14271 cretion, to grant, withhold, or revoke such consent, from being an officer, director, or employee of not more than two other banks, banking associations, or trust Companies, Whether Organized under the laws of the United States or any State, if such other bank, bank- ing association, or trust company is not in substantial competition with such member bank. The consent of the Federal Reserve Board may be procured before the person applying therefor has been elected as a class A director of a Federal reserve bank Or as a director of any member bank. That from and after two years from the date of the approval of this Act no person at the same time shall be a director in any two or more corporations, any One of which has capital, surplus, and undivided profits aggregating more than $1,000,000, engaged in Whole Or in part in commerce, other than banks, bank- ing associations, trust companies and common carriers Subject to the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, if Such COrporations are or shall have been theretofore, by virtue of their business and location of operation, competitors, so that the elimination of competition by agreement between them would constitute a violation of any of the provisions of any of the antitrust laws. The eligibility of a director under the foregoing pro- vision shall be determined by the aggregate amount of the capital, Surplus, and undivided profits, exclu- sive of dividends declared but not paid to stockhold- ers, at the end of the fiscal year of said corporation next preceding the election of directors, and when a director has been elected in accordance with the pro- visions Of this Act it shall be lawful for him to Con- tinue as such for one year thereafter. When any person elected or chosen as a director or officer or selected as an employee of any bank or other corporation subject to the provisions of this Act is eligible at the time of his election or Selection to act for Such bank or other corporation in such capacity his eligibility to act in such capacity shall not be affected and he shall not become or be deemed amenable to any of the provisions hereof by reason Of any Change in the affairs Of Such bank Or Other Corporation from whatsoever cause, whether specifical- ly excepted by any of the provisions hereof or not, until the expiration of one year from the date of his election or employment. (Oct. 15, 1914, c. 323, § 8, 38 Stat. 732, May 15, 1916, c. 120, 39 Stat. 121.) See §§ 9684, 9745, 9788. § 8835i. Dealings by common carrier with other corporation, where same person is director or officer of, or interested in both; preventing bidding or competition; statements of transac- tions filed; punishment—After [two years] from the approval Of this Act no COmnlon Carrier engaged in Commerce shall have any dealings in Securities, Sup- plies or other articles of commerce, or shall make or have any Contracts for Construction or maintenance of any kind, to the amount of more than $50,000, in the aggregate, in any one year, With another corpora- tion, firm, partnership or association when the said Common Carrier shall have upon its board of directors or as its president, manager or as its purchasing or selling Officer, Or agent in the particular transaction, any person Who is at the same time a director, man- ager, or purchasing or selling officer of, or who has any Substantial interest in, such other corporation, firm, partnership or association, unless and except such purchases shall be made from, or such dealings shall be with, the bidder whose bid is the most favor- able to such common carrier, to be ascertained by competitive bidding under regulations to be prescribed by rule or otherwise by the Interstate Commerce Com- mission. No bid shall be received unless the name and address of the bidder or the names and addresses of the officers, directors and general managers there- of, if the bidder be a Corporation, or of the members, if it be a partnership or firm, be given with the bid. Any person who shall, directly or indirectly, do or attempt to do anything to prevent anyone from bid- ding or shall do any act to prevent free and fair Competition among the bidders or those desiring to bid shall be punished as prescribed in this section in the case of an officer or director. . Every such common carrier having any such trans- actions or making any such purchases shall within thirty days after making the same file with the In- terstate Commerce Commission a full and detailed Statement of the transaction showing the manner of the Competitive bidding, who were the bidders, and the names and addresses of the directors and officers Of the Corporations and the members of the firm or partnership bidding ; and whenever the Said commis- Sion shall, after investigation or hearing, have reason to believe that the law has been violated in and about the Said purchases or transactions it shall transmit all papers and documents and its own views or find- ings regarding the transaction to the Attorney Gen- eral. If any Common carrier shall violate this section it Shall be fined not exceeding $25,000; and every such director, agent, manager or officer thereof who shall have knowingly voted for or directed the act consti- tuting Such violation or who shall have aided or abetted in Such violation shall be deemed guilty of a misdemeanor and shall be fined not exceeding $5,000, —Or Confined-in jail not exceeding-one year, or both, in the discretion of the court. 38 Stat. 734.) $ 8835ii. Time of taking effect of Act—The effective date on and after which the provisions of sec- tion ten of the Act entitled “An Act to supplement ex- isting laws against unlawful restraints and monopo- lies, and for other purposes,” approved October fif- teenth, nineteen hundred and fourteen, shall become and be effective is hereby deferred and extended to January first, nineteen hundred and nineteen: Pro- Vided, That said section shall become effective on Jan- uary eighth, nineteen hundred and eighteen, as to any corporations hereafter organized. (March 4, 1917, c. 190, 39 Stat. 1201; Jan. 12, 1918, c. 8, 40 Stat.) See § 8835i. This section superseded Act March 4, 1917, c. 190, 39 Stat. 1201. $ 8835.j. Authority to enforce compliance with act; proceedings; hearings, findings, and orders and enforcement and review thereof; serv- ice of complaints, orders, and other processes— Authority to enforce compliance with sections two, three, Seven and eight of this Act by the persons re- Spectively subject thereto is hereby vested: in the InterState Commerce Commission where applicable to COmm On Carriers, in the Federal Reserve Board where applicable to banks, banking associations and trust COImpanies, and in the Federal Trade Commission where applicable to all other character of commerce, to be exercised as follows: Whenever the commission or board vested with ju- risdiction thereof shall have reason to believe that any perSon is violating or has violated any of the pro- Visions of Sections two, three, seven and eight of this Act, it shall issue and serve upon such person a com- plaint Stating its charges in that respect, and contain- ing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the Service of Said COmplaint. The person SO Complained of shall have the right to appear at the place and time so fixed and show cause Why an Order should not be entered by the colmmission or board requiring such person to cease and desist from the violation of the law so charged in said complaint. Any person may make application, and upon good cause shown may be allowed by the Commission or board, to intervene and appear in said proceeding by counsel or in person. The testimony in any Such proceeding shall be reduced to writing and filed in the Office of the commission or board. If upon Such hearing the Commission or board, as the case may be, Shall be Of the Opinion that any of the provisions of said sections have been or are (Oct. 15, 1914, c. 323, § 10, & 8835) (Tit. 56c MON OPOLIES AND COMBINATIONS IPage 1428I being violated, it shall make a report in writing in which it shall state its findings as to the facts, and shall issue and Cause to be served. On Such perSOn an order requiring such person to cease and desist from such violations, and divest itself of the stock held or rid itself of the directors chosen contrary to the provi- sions of sections seven and eight of this Act, if any there be, in the manner and within the time fixed by said order. Until a transcript of the record in such hearing shall have been filed in a circuit Court of appeals of the United States, as hereinafter provided, the Commission or board may at any time, upon Such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any Order made or issued by it under this Section. If Such person fails or neglects to obey such Order of the commission or board while the same is in effect, the commission or board may apply to the circuit court of appeals of the United States, within any cir- cuit where the violation complained of was Or is be- ing committed or where such person resides or car- ries on business, for the enforcement of its Order, and shall certify and file with its application a tran- script of the entire record in the proceeding, includ- ing all the testimony taken and the report and Order of the commission or board. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such person and thereupon shall have jurisdiction of the proceeding and Of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree af- firming, modifying, or setting aside the order of the commission or board. The findings of the commission or board as to the facts, if supported by testimony, shall be conclusive. If either party shall apply to the court for Heave to adduce additional evidence, and shall show to the satisfaction of the Court that Such additional evidence is material and that there Were reasonable grounds for the failure to adduce Such evi- dence in the proceeding before the Commission or board, the court may order such additional evidence to be taken before the commission or board and to be adduced upon the hearing in such manner and up- On Such terms and conditions as to the Court may seem proper. The commission or board may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if Support- ed by testimony, shall be conclusive, and its recom- mendation, if any, for the modification or setting aside of its original order, with the return of such addi- tional evidence. The judgment and decree of the court shall be final, except that the same shall be Sub- ject to review by the Supreme Court upon certiorari as provided in section two hundred and forty Of the Judicial Code. Any party required by such order of the Commission or board to cease and desist from a violation Charged may obtain a review of such order in said circuit court of appeals by filing in the court a written peti- tion praying that the order of the commission or board be set aside. A copy of such petition shall be forth- with served upon the commission or board, and there- upon the commission or board forthwith shall certify and file in the Court a transcript of the record as hereinbefore provided. Upon the filing of the transcript the Court shall have the same jurisdiction to affirm, set aside, or modify the order of the commission or board as in the case of an application by the com- mission or board for the enforcement of its Order, and the findings of the commission or board as to the facts, if Supported by testimony, shall in like manner be COnclusive. The jurisdiction of the circuit court of appeals of the United States to enforce, set aside, or modify orders Of the Commission or board shall be exclu- S1 We. Such proceedings in the circuit court of appeals shall be given precedence over other cases pending therein, and shall be in every way expedited. No Or- der of the commission or board Or the judgment of the Court to enforce the Sanhe shall in any wise relieve Or absolve any person from any liability under the anti- trust Acts. * Complaints, orders, and other processes of the com- mission or board under this section may be served by anyone duly authorized by the Commission or board, either (a) by delivering a copy thereof to the person to be served, Or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the Corporation to be served; or (b) by leaving a copy thereof at the princi- pal office or place of business of such person; or (C) by registering and mailing a copy thereof addressed to such person at his principal Office or place of busi- ness. The verified return by the person SO Serving said complaint, order, or other process setting forth the manner of said service, shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as afore- said shall be proof of the service of the same. (Oct. 15, 1914, c. 323, § 11, 38 Stat. 734.) Jud. Code, § 240, is § 1217. See §§ 8568, 8576–8878, 8580, 9788 (5), 97.94. - $ 88.35k. Suits against corporations; district in which brought, and process served—Any Suit, action, or proceeding under the antitrust laws against a corporation may be brought not only in the judicial district whereof it is an inhabitant, but also in any district wherein it may be found or transacts busi- ness; and all process in such cases may be served in the district of which it is an inhabitant, or wherever it may be found. (Oct. 15, 1914, c. 323, § 12, 38 Stat. 736. - - 'sº §§ 8829, 8835, 8835d." § 8835l. Suits by United States; subpoenas for witnesses—In any suit, action, or proceeding brought by or on behalf of the United States subpoenas for witnesses who are required to attend a court of the United States in any judicial district in any Case, civil or criminal, arising under the antitrust laws may run into any other district: Provided, That in civil cases no writ of subpoena shall issue for Witness- es living out of the district in which the court is held at a greater distance than one hundred miles from the place of holding the same without the permission of the trial court being first had upon proper applica- tion and cause shown. (Oct. 15, 1914, c. 323, § 13, 38 Stat. 736.) See § 1487. $ 88.35m. Directors, officers, or agents of cor- poration, authorizing or doing any act constitut- ing violation of law by corporation—Whenever a corporation shall violate any of the penal provisions of the antitrust laws, Such violation Shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation, and such violation shall be deemed a misdemeanor, and upon Conviction therefor of any such director, officer, or agent he shall be pun- ished by a fine of not exceeding $5,000 or by impris- onment for not exceeding one year, or by both, in the discretion of the court. (Oct. 15, 1914, C. 323, § 14, 38 Stat. 736.) § 88.35m. Jurisdietion to restrain violations of act; duty of court to institute proceedings in equity; procedure—The several district courts of the United States are hereby invested with jurisdic- tion to prevent and restrain violations of this Act, and it shall be the duty of the several district attor- neys of the United States, in their respective districts, under the direction of the Attorney General, to insti- tute proceedings in equity to prevent and restrain such violations. Such proceedings may be by Way of peti- tion setting forth the case and praying that Such viola- Tit. 56D) # 8836 FEDERAL TRADID [Page 1429] tion Shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of Such petition, the Court shall proceed, as SOOn as may be, to the hearing and determination of the case; and pending such petition, and before final decree, the Court may at any time make such temporary restrain- ing order or prohibition as shall be deemed just in the premises. Whenever it shall appear to the cour before which any such proceeding may be pending that the ends of justice require that Other parties should be brought before the court, the Court may cause them to be summoned whether they reside in the district in which the Court is held or not, and Subpoenas to that end may be served in any district by the mar- shal thereof. (Oct. 15, 1914, c. 323, § 15, 38 Stat. 736.) § 88.350. Remedy by injunctive relief against threatened loss or damage by violation of law; suits for injunctive relief against common ear- rier subject to the interstate commerce acts—Any perSOn, firm, COrpOration, Or association Shall be en- titled to Sue for and have injunctive relief, in any Court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections two, three, seven and eight of this Act, when and under the same conditions and principles as injunc- tive relief against threatened conduct that will cause 10SS Or damage is granted by-Courts-Of equity, under the rules governing Such proceedings, and upon the execution of proper bond against damages for an in- junction improvidently granted and a showing that the danger of irreparable loss or damage is immedi- ate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, Corporation, or association, except the United States, to bring suit in equity for injunctive relief against any common carrier subject to the provisions of the Act to regulate commerce, ap- proved February fourth, eighteen hundred and eighty- Seven, in respect of any matter subject to the regula- tion, SuperVision, or other jurisdiction of the Inter- State Commerce Commission. § 16, 38 Stat. 737.) See §§ 1243a–1243d, 1245a-1245e. $ 8835p. Effect of partial invalidity of act— If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Oct. 15, 1914, c. 323, § 26, 38 Stat. 740.) § 8836. Use of Panama, Canal prohibited to vessels owned by person engaged in violations of Sherman Aet—No vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter Or pass through said Ca- nal if such ship is owned, chartered, Operated, or controlled by any person or Company which is doing business in violation of the provisions Of the Act Of Congress approved July second, eighteen hundred and ninety, entitled “An Act to protect trade and com- merce against unlawful restraints and monopolies,” Or the provisions of sections seventy-three to seventy- Seven, both inclusive, of an Act approved August tWenty-Seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide—rev-- enue for the Government, and for other purposes,” or the provisions of any other Act of Congress amending Or Supplementing the said Act of July second, eight- een hundred and ninety, commonly known as the Sher- man Antitrust Act, and amendments thereto, or said Sections of the Act of August twenty-seventh, eight- een hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any CauSe pending before it to which the owners or opera- tors of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the Unit- ed States. (Aug. 24, 1912, c. 390, § 11, 37 Stat. 567.) See §§ 8567–8570. (Oct. 15, 1914, c. 323, TITLE LVI D–FEDERAL TRADE COMMISSION, PREVENTION OF UNFAIR CGMPETITION, AND PROMO- TION OF EXPORT TRADE Sec. 8836a. Commission established; appointment of commission- ers; terms; chairman; removal of commissioner; effect of vacancy; seal. 8836b. Salary of commissioners; secretary; employment of attorneys, Special experts and other employés; em- ployés part of classified civil service; expenses; offi- ces; audit of accounts. 8836c. Bureau of Corporations and offices of Commissioner and Deputy Commissioner of Corporations to cease; employés, records, papers, and property, and funds and appropriations transferred to Commission; place of exercise of powers. 8836d. Words defined. (1) Commerce. (2) Corporation. (3) Documentary evidence. (4) Acts to regulate commerce. (5) Antitrust acts. 8836e. Unfair competition unlawful; prevention by Commis- sion; proceedings; service of complaints, orders, and Other processes. 8836f. Other powers of Commission. (1) Information concerning, and investigations of cor- porations. (2) Reports by corporations. (3) Investigations as to manner of carrying out de- crees against corporations. (4) Investigations of violations of antitrust acts by Corporations. (5) Investigations for readjustment of business of cor- porations violating antitrust acts. (6) Publication of information; reports to Congress; publication of reports and decisions. (7) Classification of corporations; regulations for car- rying out act. (8) Investigations of trade conditions in foreign coun- tries, and reports. 8836g. Reference, in suits in equity under antitrust acts, to Commission, to ascertain and report form of decree. Sec. t 8836h. Departments to furnish Commission records and in- formation and detail officials to Commission, when directed by Presldent. 8836i. Access by Commission to documentary evidence; com- pelling attendance and testimony of witnesses and production of documents. 8836j. Neglect or refusal to attend and testify, or to produce documentary evidence; false entry in report; or in aCCOUnts Of Corporation, or neglect to make entries in Such accounts, or removal or mutilation of docu- ºrary evidence; failure of corporation to file re- port. 8836k. Act not to prevent enforcement of, or to alter or re- peal antitrust acts or acts to regulate commerce. 8836l. Definition of terms. 8836m. Importation or sale of articles in United States at less than market value or wholesale price. 8836n. Double duty on articles imported under agreement in- volving discrimination or unfair competition. 88360. Rules and regulations. 8836p. Importation of articles from country excluding similar articles exported; rules and regulations. 88364. President empowered in time of war between other na- tions to prevent importations from foreign countries excluding similar products of United States. 8836r. President authorized to detain and deny clearance to vessels discriminating against American citizens in time of war; discrimination against American vessels or American citizens as to foreign trade; retaliation; & penalties; use of land and naval forces to enforce act. 8836%a. Export trade; definitions. 8836%b. When Act July 2, 1890, c. 647, not applicable to asso- ciations for export trade solely. 8836% c. When Act Oct. 15, 1914, c. 323, § 7, not applicable to corporations for export trade solely. 8836%d. Act Sept. 26, 1914, c. 311, extended to unfair methods of competition used in export trade. 3 8836a (Tit. 56D FEDERAL TRADE IPage 1430] Sec. 8836%.e. Verified statements of associations engaged solely , in export trade filed with Commission; information furnished to Commission; effect of failure to file statements or furnish information; powers of Com- mission. § 8836a. Commission established; appoint- ment of commissioners; terms; chairman; re- moval of commissioner; effect of vacancy; seal —A commission is hereby created and established, to be known as the Federal Trade Commission (herein- after referred to as the commission), which shall be composed of five commissioners, who shall be ap- pointed by the President, by and with the advice and consent of the Senate. Not more than three of the commissioners shall be members of the same political party. The first commissioners appointed shall Con- tinue in office for terms of three, four, five, six, and seven years, respectively, from the date of the tak- ing effect of this Act, the term of each to be desig- nated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. The commission shall choose a chairman from its own membership. No COmmis- sioner shall engage in any other business, Vocation, or employment. Any commissioner may be removed by the President for inefficiency, neglect of duty, or mal- feasance in office. A vacancy in the Commission Shall not impair the right of the remaining Commissioners to exercise all the powers. Of the Commission. The commission shall have an official Seal, which shall be judicially noticed. (Sept. 26, 1914, c. 311, § 1, 38 Stat. 717.) § 8836b. Salary of commissioners; secretary; employment of attorneys, special experts, and other employés; employés part of classified civil service; expenses; offices; audit of accounts- Each commissioner shall receive a salary of $10,000 a year, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall re- ceive a salary of $5,000 a year, payable in like man- ner, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper per- formance of its duties and as may be from time to time appropriated for by Congress. r - With the exception of the secretary, a clerk to each commissioner, the attorneys, and such special ex- perts and examiners as the Commission may from time to time find necessary for the conduct of its work, all employees of the commission shall be a part of the classified civil service, and shall enter the service un- der such rules and regulations as may be prescribed by the commission and by the Civil Service Commis- SIOIl. All of the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners or by their employees under their orders, in making any investigation, or upon Official business in any other places than in the city of Wash- ington, Shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commis- S1OIl. TJntil otherwise provided by law, the Commission may rent Suitable Offices for its use. The Auditor for the State and Other Departments shall receive and examine all accounts of expendi- tures of the commission. (Sept. 26, 1914, c. 311, § 2, 38 Stat. 718.) Civil Service Act of Jan. 16, 1883, c. 27, see §§ 3271–3282. Current appropriation for salaries of Federal Trade Com- mission, etc., see Act June 12, 1917, c. 27, § 1, 40 Stat. 124. $ 8836e. Bureau of Corporations and offices of Commissioner and Deputy Commissioner of Corporations to cease; employés, records, papers, and property and funds and appropriations trans- ferred to Commission; place of exercise of pow- ers—Upon the Organization of the commission and election of its chairman, the Bureau of Corporations and the offices of Commissioner and Deputy Com- missioner of Corporations shall cease to exist; and all pending investigations and proceedings of the Bll- reau of Corporations shall be continued by the com- mission. * - All clerks and employees of the said bureau shall be transferred to and become clerks and employees of the Commission at their present grades and Salaries. All records, papers, and property of the said bureau shall become records, papers, and property of the Commission, and all unexpended funds and appropri- ations for the use and maintenance of the said bureau, including any allotment already made to it by the Secretary of Commerce from the contingent appropri- ation for the Department of Commerce for the fiscal year nineteen hundred and fifteen, or from the de- partmental printing fund for the fiscal year nineteen hundred and fifteen, shall become funds and appro- priations available to be expended by the Commis- Sion in the exercise of the powers, authority, and duties conferred on it by this Act. The principal Office of the commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The commission may, by One or more of its members, or by Such ex- aminers as it may designate, prosecute any inquiry necessary to its duties in any part of the United States. (Sept. 26, 1914, c. 311, § 3, 38 Stat. 718.) § 8836d. Words defined—The words defined in this section shall have the following meaning when found in this Act, to wit: - (1) Commerce—“Commerce” means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District Of Columbia, or between any such Territory and an- Other, Or between any such Territory and any State Or foreign nation, Or between the District of Columbia and any State or Territory or foreign nation. (2) Corporation—“Corporation” means any com- pany Or a SSOCiation incorporated or unincorporated, Which is Organized to carry on business for profit and has zshares of capital or capital stock, and any company" or association, incorporated or unincorporat- ed, Without shares of capital or capital stock, except partnerships, which is organized to carry On business for its own profit or that of its members. (3) Documentary evidence—“Documentary evi- dence” means all documents, papers, and correspond- ence in existence at and after the passage of this Act. (4) Acts to regulate commerce—“Acts to reg- ulate COmmerce” means the Act entitled “An Act to regulate commerce,” approved February fourteenth, eighteen hundred and eighty-seven, and all Acts amendatory thereof and supplementary thereto. (5) Antitrust acts—“Antitrust acts” means the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; also the sections seventy-three to seventy-seven, inclusive, Of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” approved August twenty-seven, eighteen hundred and ninety-four ; and also the Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’” approved February twelfth, nineteen hun- dred and thirteen. (Sept. 26, 1914, c. 311, § 4, 3S Stat. 719.) r sº." “anti-trust acts” mentioned are $$ 8820–8823, 8827– $). § 8836e. Unfair competition unlawful; pre- vention by Commission; proceedings; service of complaints, orders, and other processes-Unfair Tit. 56D) 3 8836f(2) FEDERAL TRADE [Page 1431] methods of competition in commerce are hereby de- clared unlawful. The commission is hereby empowered and directed to prevent persons, partnerships, or Corporations, ex- cept banks, and common carriers subject to the Acts to regulate commerce, from using unfair methods of competition in commerce. Whenever the commission shall have reason to be- lieve that any such person, partnership, or Corporation Has been or is using any unfair method of COmpetition in commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof Would be to the interest of the public, it shall issue and serve upon such person, partnership, or Corporation a Complaint stating its charges in that respect, and COntaining a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of Said complaint. The person, partnership, or Corporation SO complained of shall have the right to appear at the place and time so fixed and show cause why an Order should not be entered by the commission requiring such person, partnership, or corporation to cease and desist from the violation of the law so charged in Said complaint. Any person, partnership, Or Corporation may make application, and upon good cause ShoWT) may be allowed by the commission, to intervene and appear in said proceeding by counsel or in person. -The testimony in any—such proceeding shall be reduced to writing and filed in the Office Of the Commission. If upon such hearing the commission shall be of the Opinion that the method of competition in question is prohibited by this Act, it shall make a report in Writ- ing in which it shall state its findings as to the facts and shall issue and cause to be served On such person, partnership, or corporation an order requiring such person, partnership, or corporation to cease and desist from using such method of competition. Until a transcript of the record in such hearing shall have been filed in a circuit Court of appeals of the United States, as hereinafter provided, the commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. If such person, partnership, Or Corporation fails or neglects to obey such order of the Commission while the same is in effect, the commission may apply to the cir- cuit court of appeals of the United States, within any Circuit where the method of competition in question was used or where such person, partnership, or cor- poration resides or carries on business, for the en- forcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the commission. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such person, partner- ship, Or COrpOration and thereupon shall have juris- diction of the proceeding and of the question deter- mined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in Such transcript a decree affirming, modifying, Or setting aside the order of the commission. The findings Of the commission as to facts, if supported by testimony, shall be conclusive. If either party shall apply to the court for leave to adduce additional evi- dence, and shall show to the Satisfaction of the court that such additional evidence is material and that there Were reasonable grounds for the failure to ad- duce Such evidence in the proceeding before the com- mission, the Court may order such additional evidence to be taken before the commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commission may modify its findings as to the facts, -or make new findings, by reason of the additional evi- dence so taken, and it shall file such modified or new findings, which, if supported by testimony, shall be ..conclusive, and its recommendation, if any, for the 311, § 5, 38 Stat. 719.) modification or setting aside of its original Order, With the return of such additional evidence. The judg- ment and decree of the court shall be final, except that the same shall be subject to review by the Supreine Court upon certiorari as provided in Section two hun- dred and forty of the Judicial Code. Any party required by such order of the commission to cease and desist from using such method of Com- petition may obtain a review of such order in Said circuit court of appeals by filing in the Court a Written petition praying that the order of the commission be set aside. A copy of such petition shall be forthWith served upon the commission, and thereupon the Com- mission forthwith shall certify and file in the Court a transcript of the record as hereinbefore provided. Up- on the filing of the transcript the court shall have the same jurisdiction to affirm, Set aside, Or modify the order of the commission as in the case of an applica- tion by the commission for the enforcement Of its Or- der, and the findings of the commission as to the facts, if supported by testimony, shall in like manner be Conclusive. t The jurisdiction of the circuit court of appeals of the United States to enforce, set aside, or modify Or- ders of the commission shall be exclusive. Such proceedings in the circuit court of appeals shall be given precedence over other cases pending therein, and shall be in every way expedited. No Or- der of the Commission Or judgment Of the COurt to enforce the same shall in any wise relieve or absolve any person, partnership, or corporation from any lia- bility under the antitrust acts. Complaints, Orders, and other processes of the COm- mission under this section may be Served by anyOne duly authorized by the commission, either (a) by de- livering a copy thereof to the person to be served, or to a member of the partnership to be served, Or to the president, secretary, or other executive officer or a director Of the Corporation to be served ; Or (b) by leaving a copy thereof at the principal office or place of business of such person, partnership, or corpora- tion ; or (c) by registering and mailing a copy thereof addressed to such person, partnership, or corporation at his or its principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same. (Sept. 26, 1914, c. Jud, Code, § 240, is § 1217. See § 8835.j. - § 8836f. Other powers of Commission—The Commission shall also have power— (1) Information concerning, and investiga- tions of corporations—(a) To gather and compile in- formation concerning, and to investigate from time” to time the Organization, business, conduct, prac- tices, and management of any corporation engaged in Commerce, excepting banks and common carriers sub- ject to the Act to regulate commerce, and its relation to other corporations and to individuals, associations, and partnerships. - (2) Reports by corporations—(b) To require, by general Or Special Orders, Corporations engaged in Commerce, excepting banks, and Common carriers sub- ject to the Act to regulate commerce, or any class Of them, or any of them, respectively, to file with the Commission in Such form as the Commission may pre- scribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the Organization, business, COn- duct, practices, management, and relation to other corporations, partnerships, and individuals of the respective corporations filing such reports or an- Swers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commis- Sion may prescribe, and shall be filed with the COm- # 8836f(3) (Tit. 56D FEDERAL TRADE [Page 1432] mission within such reasonable period as the commis- Sion may prescribe, unless additional time be granted in any case by the commission. (3) Investigations as to manner of carrying out decrees against corporations—(c) Whenever a final decree has been entered against any defendant corporation in any suit brought by the United States to prevent and restrain any violation of the antitrust Acts, to make investigation, upon its own initiative, Of the manner in which the decree has been Or is be- ing carried out, and upon the application of the At- torney General it shall be its duty to make such in- Westigation. It shall transmit to the Attorney Gen- eral a report embodying its findings and recommen- dations as a result of any such investigation, and the report shall be made public in the discretion of the Commission. (4) Kinvestigations of violations of antitrust acts by corporations—(d) Upon the direction of the President or either House of Congress to investigate and report the facts relating to any alleged violations of the antitrust Acts by any corporation. (5) Investigations for readjustment of busi- mess of corporations violating antitrust acts—(e) Upon the application of the Attorney General to in- vestigate and make reCOmlmendations for the read- justment of the business of any corporation alleged to be violating the antitrust Acts in order that the corporation may thereafter maintain its organization, management, and Conduct of business in accordance With law. - - (6) Publication of information; reports to Congress; publication of reports and decisions— (f) To make public from time to time such portions Of the information obtained by it hereunder, except trade Secrets and names Of Customers, as it shall deem expedient in the public interest; and to make annual and special reports to the Congress and to sub- mit there with recommendations for additional legis- lation; and to provide for the publication of its re- ports and decisions in such form and manner as may be best adapted for public information and use. (7) Classification of corporations; regulations for carrying out act—(g) From time to time to clas- .sify corporations and to make rules and regulations for the purpose of carrying out the provisions of this Act. - (8) Investigations of trade conditions in for- eign countries, and reports—(h) To investigate, from time to time, trade COnditions in and with for- eign Countries where associations, combinations, or practices of manufacturers, merchants, or traders, or other conditions, may affect the foreign trade of the TJnited States, and to report to Congress thereon, with such recommendations as it deems advisable. (Sept. 26, 1914, c. 311, § 6, 38 Stat. 721.) - . See § 8835.j. - § 8836g. antitrust acts, to Commission, to ascertain and report form of decree—In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the commission, as a maS- ter in chancery, to ascertain and report an appropriate form of decree therein. The commission shall pro- ceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and Such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in Whole Or in part, and enter such decree as the na- ture of the case may in its judgment require. (Sept. 26, 1914, c. 311, § 7, 38 Stat. 722.) - See §§ 8823, 8832, 8835.j. - $ 8836.h. Departments to furnish Commission records and information and detail officials to any COrporation being against ; Reference, in suits in equity under or subject him to a penalty or forfeiture. Commission, when directed by President—The sev- eral departments and bureaus of the Government when directed by the President shall furnish the Commission, upon its request, all records, papers, and information in their possession relating to any COrpO- ration subject to any Of the provisions Of this Act, and shall detail from time to time such officials and employees to the Commission as he may direct. (Sept. 26, 1914, c. 311, § 8, 38 Stat. 722.) $ 8836i. Access by Commission to documentary evidence; compelling attendance and testimony of witnesses and production of documents—For the purposes of this Act the commission, or its duly authorized agent Or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of investigated or proceeded and the Commission Shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member Of the commission may sign subpoenas, and members and examiners of the commission may administer oaths and affirmations, examine witness- eS, and receive evidence. - - Such attendance of witnesses, and the production Of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a Subpoena the Commission may invoke the aid of any Court of the United States in requiring the attend- ance and testimony of Witnesses and the production of documentary evidence. Any Of the district Courts Of the United States Within the jurisdiction of which such inquiry is car- ried on may, in case of contumacy or refusal to obey a Subpoena issued to any Corporation or other person, iSSue an Order requiring such corporation or other perSOn to appear before the commission, Or to pro- duce documentary evidence if so ordered, or to give evidence touching the matter in question ; and any failure to obey such order of the court may be pun- ished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the commission, the district Courts Of the United States shall have jurisdiction to issue writs of mandamus commanding any perSon Or Corporation to comply with the provi- Sions Of this Act or any Order of the commission made in pursuance thereof. - The commission may order testimony to be taken by deposition in any proceeding or investigation pend- ing under this Act at any stage of such proceeding Or investigation. Such depositions may be taken be- fore any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be Subscribed by the deponent. Any perSOn may be compelled to appear and depose and to produce doc- umentary evidence in the same manner as Witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as here- inbefore provided. * Witnesses Summoned before the COmmission Shall be paid the same fees and mileage that are paid Wit- nesses in the courts of the United States, and wit- nesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like Services in the Courts Of the United States. No person shall be excused from attending and testifying or from producing documentary evidence before the COmmission Or in Obedience to the Subpoena Of the Commission. On the ground Or for the reason that the testimony Or evidence, documentary Or Oth- erwise, required of him may tend to criminate him But no Tit. 56D) 3 8836n FEDERAI, TRADE Jºgº £ IPage 1433] natural person shall be prosecuted or subjected to any penalty Or forfeiture for Or On account of any transaction, matter, or thing concerning which he may testify, Or produce evidence, documentary or Otherwise, before the Commission in Obedience to a subpoena issued by it: Provided, That no natural person so testifying shall be exempt from prosecu- tion and punishment for perjury committed in so tes- tifying. (Sept. 26, 1914, c. 311, § 9, 38 Stat. 722.) See § 8835.j. § 8836.j. Neglect or refusal to attend and tes- tify or to produce documentary evidence; false entry in report or in accounts of corporation, or neglect to make entries in such accounts, or re- moval or mutilation of documentary evidence; failure of corporation to file report—Any person Who Shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produce documen- tary evidence, if in his power to do so, in obedience to the subpoena or lawful requirement of the Com- mission, shall be guilty of an offense and upon Con- viction thereof by a court of competent jurisdiction Shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than. One year, or by both such fine and impris- Onment. Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this Act, or who Shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any Corporation subject to this Act, or who shall Willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, Or memoranda of all facts and transac- tions appertaining to the business of such corpora- tion, or who shall willfully remove out of the juris- diction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such corporation, or who shall willfully refuse to Submit to the commission or to any of its authorized agents, for the purpose of inspection and taking Copies, any documentary evidence of such COrporation in his possession or within his control, shall be deemed guilty of an offense against the Unit- ed States, and shall be subject, upon conviction in any Court of the United States of competent juris- diction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and im- prisonment. If any corporation required by this Act to file any annual Or Special report shall fail so to do within the time fixed by the commission for filing the same, and such failure shall continue for thirty days after no- tice of such default, the corporation shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which for- feiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil Suit in the name of the United States brought in the district where the Corporation has its principal Of- fice Or in any district in which it shall do business. It shall be the duty of the various district attor- neys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The Costs and expenses of such prosecu- tion shall be paid out of the appropriation for the expenses Of the COUlrts Of the United States. Any officer or employee of the commission who shall make public any information obtained by the Commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon Conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not ex- ceeding One year, or by fine and imprisonment, in the discretion of the court. (Sept. 26, 1914, c. 311, § 10, 38 Stat. 723.) § 8836R. Act not to prevent enforcement of, or to alter or repeal antitrust acts or acts to regulate commerce—Nothing contained in this Act Shall be construed to prevent or interfere with the enforcement of the provisions of the antitrust Acts Or the Acts to regulate commerce, nor shall anything Contained in the Act be Construed to alter, modify, or repeal the said antitrust Acts or the Acts to regu- late Commerce or any part or parts thereof. (Sept. 26, 1914, c. 311, § 11, 38 Stat. 724.) $ 8836l. Definition of terms—That when used in this title the term “person” includes partnerships, Corporations, and associations. (Sept. 8, 1916, c. 463, § 800, 39 Stat. 798.) $ 8836m. Importation or sale of articles in United States at less than market value or whole- sale price—That it shall be unlawful for any person importing Or assisting in importing any articles from any foreign Country into the United States, commonly and systematically to import, sell or cause to be im- ported Or Sold Such articles within the United States at a price substantially less than the actual market value or wholesale price of such articles, at the time of exportation to the United States, in the principal markets of the Country of their production, Qr of other foreign countries to which they are commonly ex- Sale price, freight, duty, and other charges and eX- penses necessarily incident to the importation and sale thereof in the United States: Provided, That Such act Or acts be done With the intent Of destroy- ing or injuring an industry in the United States, Or of preventing the establishment of an industry in the United States, or of restraining or monopolizing any part Of trade and Commerce in Such articles in the United States. - Any person who violates Or combines or conspires With any Other perSOn to violate this section is guilty Of a misdemeanor, and, On Conviction thereof, shall be punished by a fine not exceeding $5,000, or im- prisonment not exceeding One year, or both, in the discretion. Of the Court. Any person injured in his business or property by reason. Of any Violation of, Or Combination or con- spiracy to Violate, this Section, may sue therefor in the district Court of the United States for the dis- trict in which the defendant resides or is found or has an agent, Without respect to the amount in Contro- Versy, and shall recover threefold the damages sus- tained, and the Cost Of the Suit, including a reason- able attorney’s fee. The foregoing proVisions shall not be construed to deprive the proper State Courts of jurisdiction in ac- tions for damages thereunder. (Sept. 8, 1916, c. 463, § 801, 39 Stat. 798.) See §§ 5296, 5304-5307, 5319. § 8836n. Double duty on articles imported un- der agreement involving discrimination or unfair competition—That if any article produced in a for- eign Country is imported into the United States un- der any agreement, understanding, or condition that the importer thereof or any other person in the United States shall not use, purchase, or deal in, or shall be restricted in his using, purchasing, or dealing in, the articles Of any Other person, there shall be levied, Collected, and paid thereon, in addition to the duty Otherwise imposed by law, a Special duty equal to double the amount of such duty: Provided, That the above shall not be interpreted to prevent the estab- lishing in this COuntry On the part of a foreign pro- ducer of an exclusive agency for the sale in the Unit- ed States of the products of said foreign producer or merchant, nor to prevent Such exclusive agent from agreeing not to use, purchase, or deal in the article of any other person, but this proviso shall not be con- Strued to exempt from the provisions Of this section any article imported by such exclusive agent if such agent is required by the foreign producer or if it is & 88360 (Tit. 56D o - FEDERAL TRADE IPage 1434] agreed between such agent and such foreign pro- ducer that any agreement, understanding Or Condi- tion set out in this section shall be imposed by Such agent upon the sale or other disposition of Such ar- ticle to any person in the United States. (Sept. 8, 1916, c. 463, § 802, 39 Stat. 799.) § 88360. Rules and regulations—That the Sec- retary of the Treasury shall make such rules and regulations as are necessary for the carrying out of the provisions of section eight hundred and two. (Sept. 8, 1916, c. 463, § 803, 39 Stat. 799.) § 8836p. Importation of articles from coun- try excluding similar articles exported; rules and regulations—That whenever any COuntry, de- pendency, or colony shall prohibit the importation of any article the product of the soil or industry of the United States and not injurious to health Or morals, the President shall have power to prohibit, during the period such prohibition is in force, the importa- tion *into the United States of similar articles, Or in case the United States does not import similar articles from that country, then other articles, the products of such country, dependency, Or Colony. And the Secretary of the Treasury, with the ap- proval of the President, shall make such rules and regulations as are necessary for the execution of the provisions of this section. (Sept. 8, 1916, c. 463, § 804, 39 Stat. 799.) ar • See § 5319. § 188364. President empowered in time of war Thetween other nations to prevent importations from foreign countries excluding similar products of United States—That whenever during the exist- ence of a War in which the United States is not en- gaged, the President shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or practices of any country, Colony, Or dependency contrary to the law and practice of na- tions, the importation into their own or any other country, dependency, or colony of any article the product of the soil or industry of the United States and not injurious to health or morals is prevented or re- Stricted the President is authorized and empowered to prohibit or restrict during the period such prohibition or restriction is in force, the importation into the TJnited States of similar or other articles, products Of such country, dependency, or colony as in his Opinion the public interest may require; and in such case he Shall make proclamation stating the article Or articles which are prohibited from importation into the Unit- ed States; and any person Or persons who shall im- port, or attempt or conspire to import, or be Concern- ed in importing, such article or articles, into the United States contrary to the prohibition in Such proclamation, shall be liable to a fine of not less than $2,000 nor more than $50,000, or to imprisonment not to exceed two years, or both, in the discretion of the court. The President may change, modify, re- voke, or renew such proclamation in his discretion. (Sept. 8, 1916, c. 463, § 805, 39 Stat. 799.) § 8836r. President authorized to detain and deny clearantee to vessels discriminating agairast American citizens in time of war; discrimination against American vessels or American citizens as to foreign trade; retaliation; penalties; use of land and naval forces to enforce act—That whonever, during the existence of a war in which the |United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that any Vessel, American or foreign, is, on account Of the laws, regulations or practices of a belligerent Government, making or giving any undue or unrea- sonable preference or advantage in any respect what- SOever to any particular person, company, firm, or Corporation, or any particular description of traffic in the United States or its possessions or to any citi- Zens of the United States residing in neutral countries abroad, or is subjecting any particular person, com- pany, firm, or corporation or any particular descrip- tion of traffic in the United States or its possessions, or any citizens of the United States residing in neu- tral COuntries abroad to any undue Or unreasonable prejudice, disadvantage, injury, or discrimination in regard to accepting, receiving, transporting, or deliv- ering, or refusing to accept, receive, transfer, or de- liver any Cargo, freight Or passengers, Or in any oth- er respect whatsoever, he is hereby authorized and empowered to direct the detention of Such vessels by withholding clearance or by formal notice forbidding departure, and to revoke, modify, Or renew any Such direction. - That whenever, during the existence of a war in which the United States is not engaged, the Presi- dent shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or prac- tices of any belligerent country or Government, Amer- ican ships Or American Citizens are not accorded any Of the facilities Of COmmerce which the vessels Or Citizens Of that belligerent COUntry enjoy in the Unit- ed States or its possessions, or are not accorded by such belligerent equal privileges or facilities of trade with vessels or citizens of any nationality. Other than that of such belligerent, the President is bereby au- thorized and empowered to withhold clearance from one or more vessels of such belligerent Country until such belligerent shall restore to such American ves- Sels and American Citizens reciprocal liberty Of COm- merce and equal facilities of trade; or the President may direct that similar privileges and facilities, if any, enjoyed by vessels or citizens of such belligerent in the United States or its possessions be refused to vessels or citizens Of Such belligerent; and in Such case he shall make proclamation of his direction, Stating the facilities and privileges which shall be refused, and the belligerent to whose vessels or Citi- zens they are to be refused, and thereafter the furnish- ing of such prohibited privileges and facilities to any vessel or citizen of the belligerent named in Such proclamation shall be unlawful; and he may change, modify, revoke, or renew such proclamation ; and any person or persons who shall furnish or attempt or conspire to furnish or be concerned in furnishing or in the concealment of furnishing facilities or privi- leges to ships or persons contrary to the prohibition in such proclamation shall be liable to a fine of not less than $2,000 nor more than $50,000 or to imprison- ment not to exceed two years, or both, in the discre- tion Of the Court. In case any vessel which is detained by Virtue of this Act shall depart or attempt to depart from the jurisdiction of the United States without clearance or Other lawful authority, the OWner Or master Or per- Son or persons having charge or Command Of Such vessel. shall be severally liable to a fine Of not leSS than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and in addition such vessel shall be forfeited to the United States. That the President Of the United States is hereby authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this Act. (Sept. 8, 1916, c. 463, § 806, 39 Stat. 799.) § 8836%a. . Export trade; definitions—The words “export trade” wherever used in this Act mean solely trade or commerce in goods, Wares, or mer- chandise exported, or in the course of being exported from the United States Or any Territory thereof to any foreign nation; but the words “export trade” shall not be deemed to include the production, manu- facture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale. The WOrdS “trade Within the United States” Wher- ever used in this Act mean trade Or Commerce among Tit. 56D) 3 8836%e FEDERAL TRADE [Page 1435] the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any Such Territory Or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States. The Word “association” wherever used in this Act means any COrpOration Or combination, by COntract Or otherwise, of two or more persons, partnerships, or Corporations. . (April 10, 1918, c. 50, § 1, 40 Stat.) § 8836%b. When Act July 2, 1890, c. 647, not applicable to associations for export trade solely —Nothing contained in the Act entitled “An Act to protect trade and COmmerce against unlawful re- Straints and monopolies,” approved July Second, eight- Cen hundred and ninety, shall be COInstrued as de- Claring to be illegal an association entered into for the sole purpose of engaging in export trade and ac- tually engaged Solely in such export trade, Or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the United States, and is not in restraint Of the ex- port trade of any domestic Competitor of such asso- Ciation: And provided further, That such association does not,' either in the United States or elsewhere, enter into any agreement, understanding, or Conspir- acy, or do any act which artificially Or intentionally enhances or depresses prices within the United States Of Commodities of the Class exported by such associa- tion, or which substantially lessens competition with- in the United States or otherwise restrains trade ... therein. (April 10, 1918, c. 50, § 2, 40 Stat.) § 8836%e. When Act Oct. 15, 1914, c. 323, § 7, inot applicable to corporations for export trade solely—Nothing contained in section seven of the Act entitled “An Act to Supplement existing laws against unlawful restraints and monopolies, and for other purposes,” approved October fifteenth, nineteen bundred and fourteen, shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any corporation organized solely for the purpose of engag- ing in export trade, and actually engaged solely in Such export trade, unless the effect of Such acquisi- tion or Ownership may be to restrain trade Or Substan- tially lessen competition within the United States. (April 10, 1918, c. 50, § 3, 40 Stat.) § 883634d. Act Sept. 26, 1914, e. 311, extend- ed to unfair methods of competition used in ex- port trade—The prohibition against “unfair methods of competition” and the remedies provided for en- forcing said prohibition contained in the Act entitled “An Act to Create a Federal Trade COmmission, to de- fine its powers and duties, and for other purposes,” approved September twenty-sixth, nineteen hundred and fourteen, shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in export trade, even though the acts constituting such unfair methods are done With- out the territorial jurisdiction of the United States. (April 10, 1918, c. 50, § 4, 40 Stat.) $ 8836%.e. Verified statements of associations engaged solely in export trade filed with Commis- sion; information furnished to Commission; ef- fect of failure to file statements or furnish in- formation; powers of Commission—Every associa- tion now engaged solely in export trade, Within sixty days after the passage of this Act, and every associa- tion entered into hereafter which engages Solely in export trade, within thirty days after its creation, Shall file With the Federal Trade Commission a Veri- fied written statement setting forth the location of its Offices or places of business and the names and ad- dresses of all its Officers and Of all its Stockholders Or members, and if a corporation, a copy of its certificate or articles of incorporation and by-laws, and if unin- Corporated, a copy of its articles Or Contract of a S- Sociation, and on the first day Of January Of each year thereafter it shall make a like Statement Of the loca- tion of its Offices Or places of business and the names and addresses Of all its Oſficers and Of all its Stock- holders Or members and Of all amendmentS to and changes in its articles or certificate of incorporation Or in its articles or contract of association. It shall also furnish to the commission such information as the Commission may require as to its Organization, busi- ness, conduct, practices, management, and relation to Other associations, corporations, partnerships, and in- dividuals. Any association which shall fail SO to do shall not have the benefit of the provisions of Section two and section three of this Act, and it shall also forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the association has its principal Office, Or in any district in which it shall do business. It shall be the duty of the various district attorneys, un- der the direction of the Attorney General of the Unit- ed States, to prosecute for the recovery of the forfei- ture. The costs and expenses of Such prosecution shall be paid Out of the appropriation for the expens- es Of the Courts Of the United States. Whenever the Federal Trade Commission shall haye reason to believe that an association or any agree- ment made Or act done by Such association is in re- Straint of trade within the United States Or in re- Straint of the export trade of any domestic Competitor of such association, or that an association either in the United States or elsewhere has entered into any agreement, understanding, or conspiracy, or done any act which artificially or intentionally enhances or de- presses prices within the United States of Commodities Of the class exported by Such association, or which substantially lessens competition within the United States or otherwise restrains trade therein, it shall Summon Such association, its Officers, and agents to appear before it, and thereafter conduct an investiga- tion into the alleged violations of law. Upon investi- gation, if it shall conclude that the law has been ViO- lated, it may make to such association recommenda- tions for the readjustment of its business, in Order that it may thereafter maintain its Organization and management and conduct its business in accordance with law. If such association fails to comply with the recommendations Of the Federal Trade Commis- Sion, said commission shall refer its findings and rec- Ommendations to the Attorney General Of the United States for such action thereon as he may deem proper. For the purpose of enforcing these provisions the Federal ade Commission Shall have all the powers, So far as "applicable, given it in “An Act to create a Federal Trade Commission, to define its powers and duties, and for Other purposes.” (April 10, 1918, c. 50, § 5, 40 Stat.) TITLE LVI E—PROTECTION OF MIGRATORY GAME AND INSECTIVOROUs BIRDs . The act included in this title has been held unconstitu- tional in United States v. Shauver, 214 Fed. 154, Same v. McCullagh, 221 Fed. 288, and State v. Sawyer, 94 Atl. 886, 113 Me. 458, but, not having been declared unconstitu- tional by the federal Supreme Court, it is represented in this compilation. Sec. 8837. (1) Game and birds protected; taking or destruction prohibited. - (2) Regulations; closed seasons. (3) Same; publication; approval by President; effect on local laws. & * $ 8837. (1) Game and birds protected; taking or destruction prohibited—All wild geese, wild Swans, brant, wild ducks, snipe, plover, woodcock, rail, Wild pigeons, and all other migratory game and in- Sectivorous birds, which in their northern and southern migrations pass through or do not remain permanent- ly the entire year Within the borders of any State or Territory, shall hereafter be deemed to be within the Custody and protection of the Government of the Unit- ed States, and shall not be destroyed or taken con- trary to regulations hereinafter provided therefor. (2) Regulations; closed seasons—The Depart- ment of Agriculture is hereby authorized and directed to adopt suitable regulations to give effect to the previ- Ous paragraph by prescribing and fixing closed seasons, having due regard to the zones of temperature, breed- ing habits and times and line of migratory flight there- by enabling the department to select and designate suitable districts for different portions of the country, and it shall be unlawful to shoot or by any device kill or seize and capture migratory birds within the pro- tection of this law during Said closed seasons, and any person who shall violate any of the provisions or reg- ulations of this law for the protection of migratory birds shall be guilty of a misdemeanor and shall be fined not more than $100 or imprisoned not more than ninety days, or both, in the discretion of the Court. (3) Same; publication; approval by Presi- dent; effect on local laws—The Department of Agri- Culture, after the preparation of said regulations, shall Cause the same to be made public, and shall allow a period of three months in which said regulations may be examined and considered before final adoption, per- mitting, when deemed proper, public hearings thereon, and after final adoption Shall cause the Same to be en- grossed and Submitted to the President of the United States for approval: Provided, however, That noth- ing herein contained shall be deemed to affect or in- terfere with the local laws of the States and Terri- tories for the protection of nonmigratory game or oth- er birds resident and breeding within their borders, nor to prevent the States and Territories from enact- ing laws and regulations to promote and render effi- Cient the regulations of the Department of Agricul- ture provided under this statute. (March 4, 1913, c. 145, 37 Stat. 847.) ** See $ 821. For current appropriation for enforcement of this act, see Act March 4, 1917, c. 179, 39 Stat. 1156. Proclamation issued under this section, dated Oct. 10, 1917, as follows: “Whereas, by virtue of the authority and direction con- tained in the Act of Congress approved March fourth, nine- teen hundred and thirteen (37. Stat., 847), entitled “An Act making appropriations for the Department of Agricul- ture for the fiscal year ending June thirtieth, nineteen hundred and fourteen,” the Department of Agriculture has prepared, has finally adopted, and has caused to be en- grossed and Submitted to the President of the United States for approval, the following regulations amending regula- tions two and seven of the regulations for the protection of migratory birds approved and promulgated on August 21, 1916: “Regulation 2.-Closed Season at Night. “Regulation 2 is amended so as to read as follows: “A daily closed season on all migratory game and in- sectivorous birds shall extend from sunset to half an hour before Sunrise. “Regulation 7–Closed seasons in Zone No. 1. “Regulation 7, subtitle ‘Waterfowl, Coots, and Gallinules,” is amended so as to read as follows: “Waterfowl, coot, and gallinules.—The closed seasons on waterfowl, Coot, and gallinules shall be as follows: “In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long Island), Pennsylvania, Ohio, West . Virginia, Kentucky, Indiana, Michigan, Wisconsin, Illi- nois, Missouri, Iowa, Minnesota, North Dakota, South Da- kota, Nebraska, Kansas, Colorado, Wyoming, Montana, Edaho, Nevada, and that portion of the States of Oregon and Washington lying east of the summit of the Cascade Mountains the closed season shall be between January 1 and September 15 next following ; and “In Rhode Island, Connecticut, that portion [of] New York known as Long Island, New Jersey, Utah, and that portion of the States of Oregon and Washington lying west of the summit of the Cascade Mountains the closed season shall be between January 16 and September 30 next following. “And whereas, the Department of Agriculture after the preparation of said amendatory regulations has caused the same to be made public and has allowed a period of three months in which the same might be examined and considered before final adoption; “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the authority in me vested by the aforesaid Act of Congress, do hereby ap- prove, proclaim and make known the foregoing amenda- tory regulations.” - a' [Page 1436] TITLE LVI F-PROTECTION OF FUR SEALS AND OTHER FUR-BEARING ANIMALS 8838. Killing seal or sea-otter in North Pacific prohibited. 8839. Equipping vessels for pelagic sealing or sea-Otter hunt- ing; use of ports of United States. 8840. Natives permitted to carry on pelagic fishing. Importing illegally taken skins; forfeiture. Regulations made by President; enforcement of act and regulations. 8843. Punishment for violations of act; Presumption as to violations. 8845. Venue of prosecutions. 8846. Guard or patrol of waters; seizure and search of Ves- sels within jurisdiction of United States. Seizure of vessels outside of jurisdiction of signatory powers; procedure. Rilling of seals on Pribilof Islands suspended; resump- tion of killing; selection of for breeding; receiving skins taken by Japan and Great Britain; disposition; delivery to Canadian and Japanese authorities; re- tention by United States. forfeiture. 8848a. Sale of skins of seals killed on Pribilof Islands for food. 8849. “Pelagic sealing” defined; “person” construed. 8850. Killing fur-bearing animals in Alaska, forbidden; pun- ishment, and forfeiture; power of Secretary of Com- merce to authorize killing; duty to execute law. 8851. Courts having jurisdiction of Offenses. 8852. Remission of fines. 8853. Pribilof Islands a special reservation; lands, unlawful. 8854. Killing seals, except as authorized, and use of firearms, on Pribilof Islands; privileges of natives; regula- tions. 8855. Killing female or seal less than one year old, or killing in waters adjacent to Pribilof Islands or on beaches or cliffs; punishment, and forfeiture. 8856. Killing of seals on Pribilof Islands; regulations; re- stricted to officers and natives under their direction; number to be killed. Sale of sealskins; proceeds; subsequent treaties. Employment of natives of Pribilof Islands in killing seals and curing skins. 8859. Pººr blue fox skins paid to natives of St. Paul IS- land. 8860. Investigation as to seal life on the Pribilof Islands. 8861. Agents and assistants to manage seal fisheries. 8862. Same; pay. 8863. Same; interest in right to take seals. 8864. Same; administering certain oaths and taking testi- In Ony. 8865. Additional officers and agents to carry out provisions as to Alaska, seal fisheries; purchase from lessee of right to take seals and property used therefor; de- pots for and transportation of provisions and sup- plies; food for natives of Pribilof Islands. § 8838. Killing seal or sea-otter in North Pacific prohibited—No citizen of the United States, nor person owing duty of obedience to the laws or the treaties of the United States, nor any of their vessels, nor any vessel of the United States, nor any person belonging to or on board of such vessel, Shall kill, capture, or pursue, at any time or in any manner whatever, any fur seal in the waters of the north Pacific Ocean north of the thirtieth parallel of north latitude and including the seas of Bering, Kamchat- ka, Okhotsk, and Japan; nor shall any such person or vessel kill, capture or pursue sea otter in any of the waters mentioned beyond the distance of three miles from the shore line of the territory or the Unit- ed States. (Aug. 24, 1912, c. 373, § 1, 37 Stat. 499.) See §§ 858, 3530. e $ 8839. Equipping vessels for pelagic sealing or sea-otter hunting; use of ports of United States—No citizen of the United States, nor person above described in the first section, shall equip, use, Or employ, Or furnish aid in equipping, using, Or em- ploying, Or furnish supplies to any vessel used Or employed, or to be used or employed, in Carrying On or taking part in pelagic sealing or in sea-Otter hunt- ing in Said Waters, nor shall any of their vessels nor any VeSSel Of the United States be so used Or em- ployed; and no person or vessel shall use any of the ports or harbors of the United States, or any part of the territory of the United States, for any purposes whatsoever connected with the Operations of pelagic landing on IS- 8857. 8858. sealing or sea-otter hunting in the waters named in the first section of this Act; and no vessel which is engaged or employed, or intended to be engaged Or employed, for or in connection with pelagic Sealing or sea-otter hunting in such waters shall use any of the ports or harbors or any part of the territory of the United States for any purpose whatsoever. (Aug. 24, 1912, c. 373, § 2, 37 Stat. 500.) § 8840. Natives permitted to carry on pelagic fishing—The provisions of the first and second Sec- tions of this Act shall not apply to Indians, AleutS, or other aborigines dwelling on the American Coast of the waters mentioned in the first section Of this Act who carry on pelagic sealing in Canoes Or un- decked boats propelled wholly by paddles, Oars, Or sails, and not transported by or used in COnnection with other vessels, and manned by not more than five persons each, in the way hitherto practiced by the said Indians, Aleuts, or other aborigines, and without the use of firearms: Provided, however, That the exception made in this section shall not apply to Indians, Aleuts, or other aborigines in the employ- ment of other persons or who shall kill, Capture, Or pursue fur seals or sea otters under contract to de- liver the skins to any person. (Aug. 24, 1912, c. 373, § 3, 37 Stat. 500.) § 8841. Importing illegally taken skins; for- feiture—The importation or bringing into territory of the United States, by any person whatsoever, Of skins Of fur Seals or Sea Otters taken in the WaterS' mentioned in the first section of this Act, Or Of Skins identified as those of the Species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kuri- lensis, or belonging to the American, Russian, Or Japanese herds, whether raw, dressed, dyed, Or manu- factured, except such as have been taken under the authority of the respective parties to said convention, to which the breeding grounds of such herds belong, and have been officially marked and certified as hav- ing been SO taken, is hereby prohibited ; and all such articles innported Or brought in after this Act shall take effect shall not be permitted to be exported, but Shall be seized and forfeited to the United States. (Aug. 24, 1912, c. 373, § 4, 37 Stat. 500.) § 8842. Regulations made by President; en- forcement of act and regulations—The President shall have power to make regulations to carry this Act and the said convention into effect, and from time to time to add to, modify, amend, or revoke Such regulations, as in his judgment may seem ex- pedient. It shall be the duty of the Secretary of Commerce' and Labor, under the direction of the President, to see that the said convention, the provi- sions of this Act, and the regulations made there- under are executed and enforced ; and all Officers Of the United States engaged in the execution and en- forcement Of this Act are authorized and directed to cooperate with the proper officers of any of the Other parties to the Said Convention in taking such measures as may be appropriate and available under the said convention, this Act, or the regulations made thereunder for the purpose Of preventing pelag- ic Sealing as in this Act prohibited. (Aug. 24, 1912, c. 373, § 5, 37 Stat. 500.) * § 8843. Punishment for violations of act; for- feiture—Every perSon guilty of a violation Of any of the provisions of said convention, or of this Act, or of any regulation made thereunder, shall, for each Offense, be fined not less than two hundred dollars Or more than two thousand dollars, or imprisoned not more than six months, or both ; and every vessel, its tackle, apparel, furniture, and cargo, at any time used or employed in violation of this Act, Or Of the IIPage 1437] g ź 8844 (Tit. 56F FUR, SEALS AND FUR.—BEARING ANIMALS [Page 1438] regulations made thereunder, shall be forfeited to the United States. (Aug. 24, 1912, c. 373, § 6, 87 Stat. 501.) w § 8844. Presumption as to violations-If any vessel shall be found within the waters to which this Act applies, having On board fur-seal skins Or Sea- otter skins, or bodies of seals or Sea otters, Or ap- paratus or implements for killing or taking Seals or sea otter, it shall be presumed that such vessel was used or employed in the killing of Said Seals or sea otters, or that said apparatus Or implements Were used in violation of this Act, until the Contrary is proved to the satisfaction of the court, in SO far as such vessel, apparatus, and implements are Subject to the jurisdiction of the United States. (Aug. 24, 1912, c. 373, § 7, 37 Stat. 501.) § 8845. Venue of prosecutions—Any Violation of the said convention, or of this Act, or of the regu- lations thereunder, may be prosecuted either in the district court of Alaska, or in any district Court Of the United States in California, Oregon, or Washing- ton. (Aug. 24, 1912, c. 373, § 8, 37 Stat. 501.) § 8846. Guard or patrol of waters; seizure and search of vessels within jurisdiction of Unit- ed States—It shall be the duty of the President to cause a guard or patrol to be maintained in the Wa- ters frequented by the seal herd or herds and Sea otter, in the protection of which the United States is especially interested, composed of naval or other public vessels of the United States designated by him for such service; and any officer of any such Vessel engaged in such service and any other officers duly designated by the President may search any Vessel of the United States, in port, or in territorial Waters of the United States, or on the high Seas, When SuS- pected of having violated, or being about to Violate, the provisions of said convention, or of this Act, Or of any regulation made thereunder, and may Seize such vessel and the officers and crew thereof and bring them into the most accessible port Of the Ter- ritory or of any of the States mentioned in the eighth section of this Act for trial. (Aug. 24, 1912, C. 378, § 9, 37 Stat. 501.) § 8847. Seizure of vessels outside of jurisdic- tion of signatory powers; procedure—Any Vessel or person described in the first section of this Act offend- ing or being about to offend against the prohibitions of the said convention, or of this Act, or of the regu- lations made thereunder, may be seized and detained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial juris- diction of one of the other of said parties, On Condi- tion, however, that when such vessel or person is SO seized and detained by officers of any party other than the United States such vessel or person Shall be de- livered as soon as practicable at the nearest point to the place of seizure, with the witnesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper Official of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same: Provided, however, That the Said Offi- cers of any party to said convention other than the United States shall arrest and detain Vessels and persons, as in this section specified, only after Such party, by appropriate legislation or otherwise, Shall have authorized the naval or other officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the proper officers of such party vessels and Subjects under the jurisdiction of that Government Offending against said convention or any statute or regulation made by that Government to enforce said convention. The President of the United States shall determine by proclamation when such authority has been given by the other parties to said convention, and his deter- mination shall be conclusive upon the question; and such proclamation may be modified, amended, or re- voked by proclamation of the President whenever, in his judgment, it is deemed expedient. (Aug. 24, 1912, c. 373, § 10, 37 Stat. 501.) § 8848. Killing of seals on Pribilof Islands suspended; resumption of killing; selection of for breeding; receiving skins taken by Japan and Great Britain; disposition; delivery to Canadian and Japanese authorities; retention by United States—From and after the approval of this Act all killing of fur seals on the Pribilof Islands, or any- where within the jurisdiction of the United States in Alaska, shall be suspended for a period of five years, and shall be, and is hereby, declared to be unlawful ; and all punishments and penalties heretofore enacted for the illegal killing Of fur seals Shall be applicable and inflicted upon Offenders under this Section: Pro- vided, That this prohibition shall not apply to the annual killing on the Pribilof Islands of such male Seals as are needed to supply food, clothing, and boat Skins for the natives on the islands, as is provided for in article eleven of Said convention ; the skins of all seals so used for food shall be preserved and [an- nually] sold by the Government, and proceeds of sucm [annuall sales shall be covered into the Treasury of the United States: Provided further, That at the ex- piration of the said five years' suspension of all com- mercial killing as above provided, said killing may be resumed under authority of the Secretary of Com- merce and Labor: Provided, however, That the num- ber of three-year-old males selected from among the finest and most perfect seals of that age found on the hauling grounds, to be reserved for breeding pur- poses, in each year ending August first, shall not be fewer than the following: In nineteen hundred and Seventeen, and in each year thereafter until nineteen hundred and twenty-six, inclusive, five thousand. The Secretary of Commerce and Labor, or his authorized agents, shall have authority to receive on behalf of the United States any and all fur-Seal skins taken as provided in the thirteenth and fourteenth articles Of said Convention and tendered for delivery by the Governments of Japan and Great Britain in accord- ance with the terms Of Said articles; and all skins which are or shall become the property of the United States from any source whatsoever shall be sold by the Secretary of Commerce and Labor in such market, at Such times, and in Such manner as he may deem most advantageous ; and the proceeds of Such sale Or sales shall be paid into the Treasury Of the United States. The Secretary of Commerce and Labor shall likewise have authority to deliver to the authorized agents of the Canadian Government and the Japanese Government the skins to which they are entitled un- der the provisions Of the tenth article of said Conven- tion; to pay to Great Britain and Japan such sums as they are entitled to receive, respectively, under the provisions Of the eleventh article of said Convention ; to retain. Such skins as the United States may be en- titled to retain under the provisions Of...the eleventh article of said Convention ; and to do Of perform, or cause to be done or performed, any and every act which the United States is authorized or obliged to do or perform by the provisions of the tenth, eleventh, thirteenth, and fourteenth articles Of Said Convention. (Aug. 24, 1912, c. 373, § 11, 37 Stat. 502.) Article 13 of the convention, 37 Stat. 1546, provided for the delivery by Japan to the United States government, the Canadian government, and the Russian government, of 10 per cent. gross in number and Value of the seal- skins taken on Robben Island, or any other islands or shores of the waters defined in article 1 subject to the jurisdiction of Japan, each, annually. Article 14, 37 Stat. 1546, contained a similar provision for the delivery by Great Britain to the United States, Japan, and Russia, of skins taken from islands or shores Subject to the juris- diction of Great Britain. Article 10, 37 Stat. , 1544, requir- ed the United States to deliver to the governments of Canada and Japan, each, annually, 15 per cent. gross in number and value of the skins taken on the Pribilof Islands or other islands or Shores subject to the jurisdic- tion of the United States. Article 11, 37 Stat. 1544, pro- vided for the payment by the United States to Great Britain and Japan of certain sums as advance payments Tit. 56F) 3 8856 FUR SEAIAS AND FUR.—BEARING ANIMALS [Page 1439] in lieu of the skins to which such countries would be entitled under the other provisions of the convention, and prescribed the minimum share of the catch to which Great Britain and Japan should be entitled. Words in brackets superseded by § 8848a. § 884.8a. Sale of skins of seals killed on Pri- bilof Islands for food—That the Secretary Of Com- merce be, and he is hereby, authorized to sell all skins taken from Seals killed on the Pribilof Islands for food purposes under section eleven of the Act of August twenty-fourth, nineteen hundred and twelve, in Such market at Such times and in Such manner as he may deem most advantageous, and the proceeds of such sale or sales shall be paid into the Treasury of the United States. (June 22, 1916, c. 171, 39 Stat. 236.) § 8849. “Pelagile sealing” defined; “person” construed—The term “pelagic sealing” where used in this Act shall be taken to mean the killing, Captur- ing, or pursuing in any manner whatsoever of fur seals while the Same are in the water. The WOrd “person” where used in this Act shall extend and be applied to partnerships and Corporations. (Aug. 24, 1912, c. 373, § 12, 37 Stat. 502.) “s § 8850. Killing fur-bearing animals in Alas- ka, forbidden; punishment, and forfeiture; pow- er of Secretary of Commerce to authorize kill- ing; duty to execute law—No person shall kill any otter, mink, marten, sable, or fur seal, or other fur- bearing animal, within the limits of Alaska Territory or in the waters thereof; and every person guilty thereof shall, for each offense, be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months, or both ; and all vessels, their tackle, apparel, furniture, and cargo ſound engaged in violation of this section shall be forfeited; but the Secretary of Commerce [and La- bor] shall have power to authorize the killing of any such mink, marten, sable, fur seal, or other 'fur-bear- ing animal under Such regulations as he may pre- scribe; and it shall be the duty of the Secretary of Commerce [and Labor] to prevent the killing Of any fur seal except as authorized by law and to provide for the execution of the provisions of this section un- til it is otherwise provided by law. (R. S. § 1956, as amended, April 21, 1910, c. 183, § 4, 36 Stat. 327.) Words in brackets superseded by § 932. See § 3560. $ 8851. Courts having jurisdiction of offenses —Until otherwise provided by law, all violations Of this chapter and Of the several laws hereby extended to the Territory of Alaska and the Waters thereof, Committed within the limits Of the same, Shall be prosecuted in any district court of the United States in California. Or Oregon, or in the district Courts of Washington; and the collector and deputy collectors appointed for Alaska Territory, and any person au- thorized in writing by either of them, or by the Sec- retary of the Treasury, shall have power to arrest persons and seize vessels and merchandise liable to fines, penalties, or forfeitures under this and other laws extended over the Territory, and to keep and de- liver the same to the marshal of some one of such Courts; and such courts shall have Original jurisdic. tion, and may take cognizance of all cases arising under this act and the several laws hereby extended Over the Territory, and shall proceed therein in the same manner and with like effect as if Such Cases had arisen within the district Or Territory where the proceedings are brought. (R. S. § 1957.) § 8852. Remission of fines—In all Cases Of fine, penalty, or forfeiture, embraced in the act approved March 3, 1797, c. 13, § 1, or mentioned in any act in addition to Or amendatory of such act, that have oc- Curred Or may OCCur in the Collection district of Alas- ka, the Secretary of the Treasury is authorized, if in his offinion the fine, penalty or forfeiture was in- curred without willful negligence or intention of fraud, to ascertain the facts in such manner and un- der Such regulations as he may deem proper without regard to the provision of the acts above referred to, and upon the facts so to be ascertained, he may ex- ercise all the power of remission conferred upon him by that act, as fully as he might have done had such facts been ascertained under and according to the provisions of that act. (R. S. § 1958.) R. S. § 5292, is $ 10130. See § 10131. $ 8853. Pribilof Islands a special reservation; Ianding on Islands, unlawful—The Pribilof Islands, including the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock, in Alaska, are declared a special reservation for governs ment purposes; and until otherwise provided by law it shall be unlawful for any person to land or remain On any Of those islands, except through stress of Weather or like unavoidable cause or by the author- ity of the Secretary of Commerce [and Labor]; and any person found on any of those islands contrary to the provisions hereof shall be summarily removed and Shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars or by im- prisonment not exceeding six months, or by both fine and imprisonment; and it shall be the duty of the Secretary of Commerce [and Labor] to carry this Section into effect. (R. S. § 1959, amended, April 21, 1910, c. 183, § 5, 36 Stat. 327.) Words in brackets superseded by § 932. $ 8854. Killing seais, except as authorized, – and use—of firearms on Pribilof Islands; privileg- es of natives; regulations—It shall be unlawful to kill any fur seal upon the Pribilof Islands, or in the Waters adjacent thereto, except under the authority of the Secretary of Commerce [and Labor], and it shall be unlawful to kill such seals by the use of firearms Or by other means tending to drive the seals away from those islands; but the natives of the islands Shall have the privilege of killing such young seals as may be necessary for their own food and clothing, and also Such old seals as may be required for their OWn Clothing and for the manufacture of boats for their OWn use; and the killing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of Commerce [and Labor]. (R. S. § 1960, amended, April 21, 1910, c. 183, § 6, 36 Stat. 327.) Words in brackets superseded by § 932. $ 8855. Killing female or seal less than one year old, or killing in waters adjacent to Pribi- lof Islands or on beaches or cliffs; punishment, and forfeiture—It shall be unlawful to kill any fe- male Seal or any seal less than one year old at any Season of the year, except as above provided; and it shall also be unlawful to kill any seal in the waters adjacent to the Pribilof Islands, or on the beaches, Cliffs, or rocks where they haul up from the sea to remain; and every person who violates the provi- Sions of this or the preceding section shall be punished for each Offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by im- prisonment not more than six months, or by both Such fine and imprisonment; and all vessels, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding Section shall be forfeited to the United States. (R. § 1961, amended, April 21, 1910, c. 183, § 7, 36 Stat. $ 8856. Killing of seals on Pribilof Islands; regulations; restricted to officers and natives under their direction; number to be killed—The Secretary of Commerce [and Labor] shall have power to authorize the killing of fur seals and the taking of Sealskins on the Pribilof Islands, in Alaska, under regulations established by him proscribing the man- ner in which Such killing shall be done and limiting the number Of Seals to be killed, whenever he shall determine that Such killing is necessary or desirable and not inconsistent with the preservation of the seal herd: Provided, however, That under such authority the right of killing fur seals and taking sealskins Shall be exercised by Officers, agents, or employees of 3 8856 (Tit. 56F FUR SEALS AND FUR-BEARING ANIMALS [Page 1440I the United States appointed by the Secretary of Com- merce [and Labor], and by the natives of the Pribilof Islands under the direction and supervision of Such officers, agents, or employees, and by no Other per- son: And provided further, That male seals Only shall be killed and that not more than ninety-five per centum of three-year-old male seals shall be killed in any one year. (April 21, 1910, c. 183, § 1, 36 Stat. 326. * 'word. in brackets superseded by § 932. - § 8857. Sale of sealskins; proceeds; subse- quent treaties—Any and all Sealskins taken under the authority conferred by the preceding section shall be sold by the Secretary of Commerce [and Labor] in such market, at Such times, and in Such manner as he may deem most advantageous; and the proceeds of such sale or sales shall be paid into the Treasury of the United States: Provided, That the directions of this section, relating to the disposition of seal- skins and the proceeds thereof, shall be subject to the provisions of any treaty hereafter made by the Unit- ed States for the protection of Seal life. (April 21, 1910, c. 183, § 2, 36 Stat. 326.) Words in brackets superseded by § 932. * § 8858. Employment of natives of Pribilof Islands in killing seals and curing skins—When- ever seals are killed and sealskins taken on any of the Pribilof Islands the native inhabitants of said Islands shall be employed in such killing and in cur- ing the Skins taken, and shall receive for their labor fair Compensation, to be fixed from time to time by the Secretary Of Commerce [and Labor], who shall have the authority to prescribe by regulation the manner in which such. compensation shall be paid to the Said natives or expended or otherwise used in their behalf and for their benefit. (April 21, 1910, c. 183, § 3, 36 Stat. 327.) Words in brackets superseded by § 932. § 8859. Price of blue fox skins paid to natives of St. Paul Island—St. Paul Island. * * And the Secretary of the Treasury is hereby required to fix a reasonable price to be paid the natives of Said islands for blue fox skins secured by them. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 391.) See §§ 858, 859. § 8860. Investigation as to seal life on the Pribilof Islands—The Commissioner of Fisheries is authorized and required to investigate, under the di- rection of the Secretary of the Treasury, and when SO requested report annually to him regarding the Conditions Of Seal life upon the rookeries of the Pribi- lof Islands; and he is also directed to continue the inquiries relative to the life history and migrations of the fur seals frequenting the waters of Bering Sea. (March 3, 1893, c. 208, 27 Stat. 585.) (R. S. §§ 1962–1972. Repealed.) R. S. § 1962, limited, for a period of 20 years, the number of fur-seals which could be killed annually. R. S. §§ 1963–1972, made provisions for the leasing of the right to take Seals, etc. All these sections were repealed by Act April 21, 1910, c. 183, § 10, 36 Stat. 328, the repeal to take effect May 1, 1910. § 8861. Agents and assistants to manage seal fisheries—The Secretary Of the Treasury is authoriz- ed to appoint One agent and three assistant agentS, who shall be charged with the management of the Seal fisheries in Alaska, and the performance of Such Other duties as may be assigned to them by the Sec- retary of the Treasury. (R. S. § 1973.) - See §§ 858, 859. This and the following section may per- haps be regarded as superseded for the time by provi- Sions of annual appropriation acts, for salaries of agents, etc. Act July 1, 1916, c. 209, § 1, 39 Stat. 323, and Act June 12, 1917, c. 27, § 1, 40 Stat. 165. $ 8862. Same; pay—The agent shall receive the Sum Of ten dollārs each day, One assistant agent the Sum Of eight dollars each day, and two assistant agents the sum Of Six dollars each day While SO em- ployed; and they shall also be allowed their neces- Sary traveling expenses in going to and returning from . Alaska, for which expenses vouchers shall be presented to the proper accounting officers of the Treasury, and Such expenses Shall not exceed in the aggregate six hundred dollars each in any One year. (R. S. § 1974.) - See §§ 3236a, 3236b. See notes to § 8861. § 8863. Same; interest in right to take seals —Such agents shall never be interested, directly or indirectly, in any lease of the right to take seals, nor in any proceeds or profits thereof, either as OWIm- er, agent, partner, or otherwise. (R. S. § 1975.) § 8864. Same; administering oaths and tak- ing testimony—Such agents are empowered to ad- minister oaths in all cases relating to the service of the United States, and to take testimony in Alaska. for the use of the government in any matter concern- ing the public revenue. (R. S. § 1976.) § 8865. Additional officers and agents, to car- ry out provisions as to Alaska seal fisheries; pur- chase from lessee of right to take seals and property used therefor; depots for and transpor- tation of provisions and supplies; food for na- tives of Pribilof Islands—The Secretary of Com- merce [and Labor] shall have authority to appoint such additional Officers, agents, and employees as may be necessary to carry out the provisions of this Act and the laws of the United States relating to the Seal fisheries of Alaska, to prescribe their duties and to fix their compensation; he shall likewise have au- thority to purchase from the present lessee of the right to take seals on the islands of Saint Paul and Saint George, at a fair valuation to be agreed upon, the warehouses, salt houses, boats, launches, light- ers, horses, mules, wagons, and other property of the said lessee. On the islands of Saint Paul and Saint George, including the dwellings of the natives Of Said islands; he shall likewise have authority to establish and maintain depots for provisions and Supplies On the Pribilof Islands and to provide for the transpor- tation of such provisions and supplies from the main- land of the United States to the said islands by the charter of private vessels or by the use of public VeS- sels of the United States which may be placed at his disposal by the President; and he shall likewise have authority to furnish food, shelter, fuel, clothing, and other necessaries of life to the native inhabitants of the Pribilof Islands and to provide for their comfort, maintenance, education; and protection. (April 21, 1910, c. 183, § 9, 36 Stat. 328.) Words in brackets superseded by § 932. TITLE LVI G–REGULATION OF LANDING, CURING, AND SALE OF SPONGES TAKEN FROM GULF OF MEXICO AND FLORIDA Sec. 8866. Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same. 8867. Same; possession prima facie evidence. 8868. Punishment for violations of act; liability of vessels. 8869. Jurisdiction of prosecutions. 8869a. Enforcement of act by Department of Commerce; de- tail of officers of other departments; employment of vessels of Revenue Cutter Service and of employés of Customs Service. 8869b. Act June 20, 1906, c. 3442, repealed. $ 8866. Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or pos- session of same—On and after the approval Of this Act it shall be unlawful for any citizen of the United States, or person owing duty of obedience to the laws Of the United States, or any boat or vessel of the United States, or person belonging to or on any such bOat Or Wessel, to take Or Catch, by any means Or method, in the Waters of the Gulf of Mexico or the Straits of Florida. Outside of State territorial limits, any COmmercial Sponges measuring when wet less than five inches in their maximum diameter, or for any person or vessel to land, deliver, cure, offer for sale, or have in possession at any port or place in the United States, or on any boat or vessel of the United States, any such commercial sponges. (Aug. 15, 1914, c. 253, § 1, 38 Stat. 692.) - $ 8867. Same; possession prima facie evidence —The presence Of Sponges of a diameter of less than five inches on any vessel or boat of the United States engaged in Sponging in the waters of the Gulf of Mexico Or the Straits Of Florida Outside Of State ter- ritorial limits, or the possession of any Sponges of less than the said diameter sold Or delivered by such Vessels, shall be prima facie evidence of a violation of this Act. (Aug. 15, 1914, c. 253, § 2, 38 Stat. 692.) § 8868. Punishment for violations of act; lia- bility of vessels—Every person, partnership, or a S- sociation guilty of a violation of this Act shall be Iiable to a fine of not more than $500, and in addi- tion such fine shall be a lien against the VeSSel Or boat on which the offense is committed, and Said VeS- sel or boat shall be seized and proceeded against by process of libel in any court having jurisdiction of the offense. (Aug. 15, 1914, c. 253, § 3, 38 Stat. 692.) $ 8869. Jurisdiction of prosecutions—Any Vio- lation of this Act, shall be prosecuted in the district court of the United States of the district wherein the offender is found or into which he is first brought. (Aug. 15, 1914, c. 253, § 4, 38 Stat. 692.) § 8869a. Enforcement of act by Department of Commerce; detail of officers of other Depart- ments; employment of vessels of Revenue Cutter Service and of employés of Customs Service-It shall be the duty of the Secretary of Commerce to enforce the provisions of this Act, and he is authorized to empower such officers and employees of the De- partment of Commerce as he may designate, or such officers and employees of other departments as may be detailed for the purpose, to make arrests and seize – – vessels and sponges, and upon his request the Secre- tary of the Treasury may employ the vessels of the Revenue Cutter Service or the employees of the CuS- toms Service to that end. (Aug. 15, 1914, C. 253, § 5, 38 Stat. 692.) e § 8869b. Act June 20, 1906, c. 3442, re- pealed—That the Act approved June twentieth, nine- teen hundred and six, entitled “An Act to regulate the landing, délivery, cure, and sale of Sponges” and all other laws in conflict here with be, and the Same hereby are, repealed. (Aug. 15, 1914, c. 253, § 6, 88 Stat. 693.) - Act repealed may be found in 34 Stat. 313. TITLE LVI H-AGRICULTURAL COLLEGES AND EXPERIMENT STATIONS Chap. Sec. A. Agricultural colleges. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8870 Chap. Sec. B. Agricultural experiment stations. . . . . . . . . . . . . . . . 8878 Chapter A–Agricultural Colleges Sec. 8870. Investments of proceeds of sale of lands. 8871. Increased annual appropriations for. 8872. Time and manner of annual payments to States. 8873. Diminution of fund made up by State; fund not applied to buildings; reports. 8874. Annual ascertainment and certification of amounts due States; certificates withheld; appeal to Congress. 8875. Report of disbursements and of withholding appropria- tionS. 8876. Reservation of power to amend Or repeal act. 8877. (1) Increased annual appropriations for. (2) Time and manner of annual payments to States. 8877a. Cooperation in extension work, With Department of Agriculture. 8877b. Same; nature and manner of carrying on. 8877c. Same; annual appropriation for expenses of work; assent of State; additional appropriations; payment of equal sum by State. 8877d. Same; time and manner of payments of appropriations; reports of receipts and disbursements. 8877e. Same; diminution of moneys received by state; mon- eys not applied to buildings or other purposes not specified; limitation of amount applied; reports. 8877f. Same; annual ascertainment and certification of amounts due States; certificate withheld and appeal to CongreSS. 8877g. Reports of receipts and of withholding of appropria- tions. 8877.h. Reservation of power to amend or repeal act. § 8870. Investments of proceeds of sale of lands—All moneys derived from the sale of lands aforesaid by the States to which the lands are appor- tioned, and from the sales of landscrip hereinbefore provided for, shall be invested in stocks of the United States or of the States, or some other safe stocks; or the same may be invested by the States having no State stocks, in any other manner after the legisla- tures of such States shall have assented thereto, and engaged that such funds shall yield not less than five per centum upon the amount so invested and that the principal thereof shall forever remain unimpaired : Provided, That the moneys so invested or loaned shall Constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section five of this act), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit Of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be without excluding other scientific and classical Studies, and including military tactics, to teach such branches of learning as are related to agriculture and the me- chanic arts, in such manner as the legislatures Of the States may respectively prescribe, in Order to pro- mote the liberal and practical education of the indus- trial classes in the several pursuits and professions in life. (July 2, 1862, c. 130, § 4, 12 Stat. 503, amend- ed, March 3, 1883, c. 102, 22 Stat. 484.) See §§ 1881d-1881n. The act of 1862, donating lands, of which this is section 4, may be found in 12 Stat. 503. § 8871. Increased annual appropriations for— There shall be, and hereby is, annually appropriated, Out of any money in the Treasury not otherwise appropriated, arising from the sales of public lands, to be paid as hereinafter provided, to each State and ÇOMP.S.T.’18–91 [Page 14411 A # 8871 (Tit. 56H AGRICULTURAL COLLEGEs Territory for the more complete endowment, and maintenance of Colleges for the benefit of agriculture and the mechanic arts now established, or which may be hereafter established, in accordance with an act of Congress approved July Second, eighteen hundred and sixty-two, the sum Of fifteen thousand dollars for the year ending June thirtieth, eighteen hundred and ninety, and an annual increase of the amount of such appropriation thereafter for ten years by an addition- al sum Of One thousand dollars Over the preceding year, and the annual amount to be paid thereafter to each State and Territory shall be twenty-five thou- Sand dollars to be applied Only to instruction in agri- Culture, the mechanic arts, the English language and . the various branches of mathematical, physical, nat- ural and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction : " Provided, That no mon- ey shall be paid out under this act to any State or Territory for the Support or maintenance of a college where a distinction of race or color is made in the admission Of students, but the establishment and maintenance Of Such colleges separately for white and Colored students shall be held to be a compliance with the provisions of the act if the funds received in such State or Territory be equitably divided as hereinafter set forth : Provided, That in any State in which there has been One College established in pursuance of the act of July second, eighteen hundred and sixty- tWO, and also in which an educational institution of like character has been established, or may be here- after established, and is now aided by such State from its own revenue, for the education of colored Students in agriculture and the mechanic arts, how- ever named Or styled, or whether or not it has receiv- ed, mOney heretOfore under the act to which this act is an amendment, the legislature of such State may propose and report to the Secretary of the Interior a just and equitable division of the fund to be received under this act between one college for white students and One institution for Colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for Colored students shall be entitled to the benefits of this act and subject to its provisions, as much as it Would have been if it had been included under the act Of eighteen hundred and sixty-two, and the fulfillment Of the foregoing provisions shall be taken as a Com- pliance with the provision in reference to separate Col- leges for White and colored students. (Aug. 30, 1890, C. 841, § 1, 26 Stat. 417.) Section 4 of Act July 2, 1862, c. 130, as amended, is § 8870. See § 4700. § 8872. Tinae and manner of annual payments to States—The sums hereby appropriated to the States and Territories for the further endoWIment and support of colleges shall be annually paid. On Or be- fore the thirty-first day of July of each year, by the Secretary Of the Treasury, upon the warrant Of the Secretary of the Interior, out of the Treasury of the United States, to the State or Territorial Treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, Who shall, upon the order of the trustees of the college, or the institution for Colored students, immediately pay Over said sums to the treasurers of the respective Colleges Or other institutions entitled to receive the Same, and such treasurers shall be required to report to the Secretary of Agriculture and to the Secretary of the Interior, on Or before the first day of September of each year, a detailed Statement Of the amount SO re- ceived and of its disbursement. The grants of moneys authorized by this act are made subject to the legis- lative a SSent Of the Several States and Territories to the purpose of said grants: Provided, That payments Of such installments of the appropriation herein made as shall become due to any State before the adjourn- ment Of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, duly certified to the IPage 1442I Secretary of the Treasury. (Aug. 30, 1890, c. 841, § 2, 26 Stat. 418.) * $ 8873. Diminution of fund made up by State; fund not applied to buildings; reports—If any portion of the moneys received by the designated of- ficer of the State or Territory for the further and more Complete endoWment, support, and maintenance Of Colleges, or of institutions for colored students, as provided in this act, shall, by any action or contin- gency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until SO replaced no subsequent appropri- ation Shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense Whatever, to the purchase, erection, preservation, or repair Of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Sec- retary of the Interior, regarding the condition and progress of each college, including statistical informa- tion in relation to its receipts and expenditures, its library, the number of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations at- tached to Said colleges, with their cost and results, and Such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under this act. (Aug. 30, 1890, c. 841, § 3, 26 Stat. 418.) $ 8874. Annual ascertainment and certifica- tion of amounts due States; certificates with- held; appeal to Congress—On or before the first day of July in each year, after the passage of this act, the Secretary of the Interior shall ascertain and Certify to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under this act, and the amount Which thereupon each is entitled, respective- ly, to receive. If the Secretary of the Interior shall Withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close Of the next Congress, in Order that the State or Terri- tory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Inte- rior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. And the Secretary of the Interior is hereby charged with the proper administration of this law. (Aug. 30, 1890, c. 841, § 4, 26 Stat. 419.) ‘. $ 8875. Report of disbursements and of with- holding appropriations—The Secretary of the Inte- rior shall annually report to Congress the disburse- ments which have been made in all the States and Territories, and also whether the appropriation of any State or Territory has been withheld, and if so, the reasons therefor. (Aug. 30, 1890, c. 841, § 5, 26 Stat. 419.) $ 8876. Reservation of power to amend or repeal act—Congress may at any time amend, SuS- pend, or repeal any or all of the provisions Of this act. (Aug. 30, 1890, c. 841, § 6, 26 Stat. 419.) § 8877. (1) Increased annual appropriations for—There shall be, and hereby is, annually appro- priated, Out of any money in the Treasury not other- wise appropriated, to be paid as hereinafter provided, to each State and Territory for the more complete en- dowment and maintenance of agricultural colleges now established, or which may hereafter be established, in accordance with the Act of Congress approved July second, eighteen hundred and sixty-two, and the Act of Congress approved August thirtieth, eighteen hun- dred and ninety, the sum of five thousand dollars, in addition to the sums named in the Said Act, for the fiscal year ending June thirtieth, nineteen hundred Ch. A) # 8877e A.G.EICULTURAL COLLEGES [Page 14431 and eight, and an annual increase of the amount of such appropriation thereafter for four years by an additional sum of five thousand dollars Over the pre- ceding year, and the annual sum to be paid thereaft: er to each State and Territory shall be fifty thousand dollars, to be applied only for the purposes of the agricultural colleges as defined and limited in the Act of Congress approved' July second, eighteen hundred and sixty-two, and the Act of Gongress approved Au- gust thirtieth, eighteen hundred and ninety. (2) Time and manner of annual payments to States—The sum hereby appropriated to the States and Territories for the further endowment, and Sup- port of the colleges shall be paid by, to, and in the manner prescribed by the Act of CongreSS approved August thirtieth, eighteen hundred and ninety, enti- tled “An Act to apply a portion of the proceeds of the public lands to the more complete endowment and Sup: port of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of the Act of Congress approved July second, eight- een hundred and sixty-two,” and the expenditure of the said money shall be governed in all respects by the provisions of the said Act of CongreSS approved July second, eighteen hundred and sixty-two, and the said Act of Congress, approved August thirtieth, eighteen hundred and ninety: Provided, That said colleges—may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechan- ic arts. (March 4, 1907, c. 2907, 34 Stat. 1281.) Act July 2, 1862, c. 130, as amended by Act March 3, 1883, c. 102, is $ 8870; and Act Aug. 30, 1890, c. 841, is §§ 8871-8876. e • § 8877a. Cooperation in extension work, with Department of Agriculture—In order to aid in dif- fusing among the people of the United States useful and practical information on subjects relating to agri- culture and home economics, and to encourage the ap- plication of the same, there may be inaugurated in connection with the college or colleges in each State now receiving, or which may hereafter receive, the benefits of the Act of Congress approved July Second, eighteen hundred and sixty-two, entitled “An Act do- nating public lands to the several States and Terri. tories which may provide colleges for the benefit of agriculture and the mechanic arts” (Twelfth Statutes at Large, page five hundred and three), and . Of the Act of Congress approved August thirtieth, eighteen hundred and ninety (Twenty-sixth Statutes at Large, page four hundred and seventeen and chapter eight hundred and forty-one), agricultural extension Work which shall be carried on in cooperation With the TJnited States Department of Agriculture: Provided, That in any State in which two or more such col- leges have been or hereafter may be established the appropriations hereinafter made to Such State shall be administered by such college or colleges as the legislature of such State may direct: Provided fur- ther, That, pending the inauguration and development of the cooperative extension work herein authorized, nothing in this Act shall be construed to discontinue either the farm management work or the farmers' cooperative demonstration work as now conducted by the Bureau of Plant Industry of the Department of Agriculture. (May 8, 1914, c. 79, § 1, 38 Stat. 372.) Acfs rientioned are $$ 8870–8876. See § 7380a. $ 8877 b. Saxme; nature and manner of car- rying of a work—Cooperative agricultural extension Work shall consist of the giving of instruction and practical demonstrations in agriculture and home economics to persons not attending or resident in said Colleges in the several communities, and imparting to such persons information on said subjects through field demonstrations, publications, and otherwise; and this work shall be carried on in such manner as may be mutually agreed upon by the Secretary of Agri- Culture and the State agricultural college or colleges receiving the benefits of this Act. (May 8, 1914, c. 79, § 2, 38 Stat. 373.) § 8877c. Same; annual appropriation for ex- penses of work; assent of State; additional ap- propriations; payment of equal sum by State— For the purpose of paying the expenses Of Said COOp- erative agricultural extension WOrk and the neces- sary printing and distributing Of information in Con- nection with the same, there is permanently appro- priated, out of any money in the Treasury not other- wise appropriated, the sum of $480,000 for each year, $10,000 of which shall be paid annually, in the man- her hereinaſter provided, to each State which shall by action of its legislature assent to the provisions of this Act: Provided, That payment Of Such install- ments Of the appropriation hereinbefore made as shall become due to any State before the adjourn- ment of the regular Session of the legislature meet- ing next after the passage of this Act may, in the ab- sence of prior legislative assent, be made upon the assent of the governor thereof, duly certified to the Secretary of the Treasury: Provided further, That there is also appropriated an additional sum of $600, 000 for the fiscal year following that in which the foregoing appropriation first becomes available, and for each year thereafter for seven years a sum ex. ceeding by $500,000 the sum appropriated for each preceding year, and for each year thereafter there is permanently appropriated—for each year the sum of $4,100,000 in addition to the sum of $480,000 herein- before provided: Provided further, That before the funds herein appropriated Shall become available to any college for any fiscal year plans for the work to be carried. On under this Act Shall be Submitted by the proper officials of each College and approved by the Secretary of Agriculture. Such additional sums shall be used only for the purposes hereinbefore stat- ed, and shall be allotted annually to each State by the Secretary of Agriculture and paid in the manner horeinbefore provided, in the proportion which the rural population of each State bears to the total rural population of all the States as determined by the next preceding Federal census: Provided fur- ther, That no payment out of the additional appro- priations herein provided shall be made in any year to any State until an equal sum has been appropriat- ed for that year by the legislature of such State, or provided by State, county, college, local authority, or individual contributions from within the State, for the maintenance of the cooperative agricultural ex- tension work provided for in this Act. (May 8, 1914, c. 79, § 3, 38 Stat. 373.) § 8877d. Same; time and hanner of payments of appropriations; reports of receipts and dis- Thursements—The sums hereby appropriated for ex- tension work shall be paid in equal semiannual pay- ments on the first day Of January and July of each year by the Secretary of the Treasury upon the war- rant of the Secretary Of Agriculture, Out Of the Treasury of the United States, to the treasurer or other Officer of the State duly authorized by the laws of the State to receive the same ; and Such Office1 shall be required to report to the Secretary of Agri- culture, on or before the first day of September of each year, a detailed statement of the amount so received during the previous fiscal year, and of its disbursement, on forms prescribed by the Secretary of Agriculture. (May 8, 1914, c. 79, § 4, 38 Stat. 374.) § 8877 e. Same; diminution of moneys received Thy State; moneys not applied to buildings, or other purposes not specified; limitation of amount applied; reports—If any portion of the moneys received by the designated officer of any State for the Support and maintenance Of COOperative ag- . ricultural extension work, as provided in this Act, shall by any action or contingency be diminished or IOst, or be misapplied, it shall be replaced by said State to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to said State, and no portion of said moneys shall be applied, directly or indirectly, to the purchase, ereº 3 8877f (Tit. 56H AGRICULTURAL COLLEGES tion, preservation, or repair of any building or build- ings, Or the purchase Or rental of land, Or in College- COUrse teaching, lectures in Colleges, promoting agri- cultural trains, or any other purpose not specified in this Act, and not more than five per centum of each annual appropriation shall be applied to the printing and distribution Of publications. It shall be the du- ty of each Of Said colleges annually, on or before the first day of January, to make to the governor of the State in which it is located a full and detailed re- port Of its Operations in the direction of extension work as defined in this Act, including a detailed Statement of receipts and expenditures from all SOurc- es for this purpose, a copy of which report shall be sent to the Secretary of Agriculture and to the Sec- retary of the Treasury of the United States. 8, 1914, c. 79, § 5, 38 Stat. 374.) - § 8877f. Same; annual ascertainment and cer- tification of amounts due States; certificate with- held, and appeal to congress—On or before the first day of July in each year after the passage Of this Act the Secretary Of Agriculture shall ascertain and certify to the Secretary of the Treasury as to each State whether it is entitled to receive. its share of . the annual appropriation for COOperative agricultural extension work under this Act, and the amount which it is entitled to receive. If the Secretary of Agricul- ture shall withhold a certificate from any State of its appropriation, the facts and reasons therefor shall be reported to the President, and the amount involv- ed shall be kept separate in the Treasury until the 2xpiration of the Congress next succeeding a session Of the legislature of any State from which a certifi- cate has been withheld, in Order that the State may, if it should so desire, appeal to Congress from the de- termination of the Secretary Of Agriculture. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. (May 8, 1914, c. 79, § 6, 38 Stat. 374.) $ 8877 g. Reports of receipts and of withhold- *ng of appropriations—The Secretary Of Agriculture shall make an annual report to Congress of the re- veipts, expenditures, and results of the cooperative agricultural extension work in all of the States receiv- ing the benefits of this Act, and also whether the appropriation of any State has been withheld ; and if so, the reasons therefor. 38 Stat. 374.) See §§ 8878, 8879, 8881-8887, 8897b. § 8877.h. Reservation of power to amend or repeal act—Congress may at any time alter, amend, Or repeal any Or all Of the provisions Of this Act. (May 8, 1914, c. 79, § 8, 38 Stat. 374.) Chapter B–Agricultural Experiment Sec. Stations 8878. At State agricultural colleges. 8879. Scope of researches. 8880. Examination of soils. 8881. Supervision; reports; 8882. Bulletins. 8883. Annual appropriations from sales of lands; 8884. Unexpended appropriations. 8885. Relation of agricultural colleges to State or Territorial governments not affected. 8886. Application of act in States having stations separate from agricultural colleges. 8887. Grants of moneys; legislative assent. 8888. Same; assent by Governor. 8889, Reservation of power to amend or repeal act. 8890. Report of expenditures; employment of assistants and clerks; payment to States. 8891. Increased annual appropriations. 8892. Time and manner of annual payments to States; 8893. 8894. 8895. financial statements. buildings. legis- lative assent, or assent by governor. IDiminution of fund made up by State; plied, to buildings ; reports. Annual ascertainment and certification of amounts due States; certificates withheld; appeal to Congress. Report of receipts and expenditures and work, and of withholding appropriations. Reservation of power to amend or repeal act. . Annual appropriations. 8897a. Reports on Work and expenditures and on extension Work; printing and distribution of copies. fund not ap- [Page 1444] (May (May 8, 1914, c. 79, § 7, | § 8878. At State agricultural colleges—In or- der to aid in acquiring and diffusing among the peo- ple of the United States useful and practical informa- tion. On Subjects connected with agriculture, and to promote scientific investigation and experiment re- Specting the principles and applications of agricultur- al Science, there shall be established, under direction Of the College or colleges or agricultural department of Colleges in each State or Territory established, or which hereafter may be established, in accordance With the provisions of an act approved July second, eighteen hundred and sixty-two, entitled “An act do- nating public lands to the Several States and Terri- tories which may provide colleges for the benefit of -agriculture and the mechanic arts,” or any of the sup- plements to said act, a department to be known and designated as an “agricultural experiment station:” Provided, That in any State or Territory in which tWO Such colleges have been or may be so established the appropriation hereinafter made to such State or . Territory shall be equally divided between such col- leges, unless the legislature of such State or Territory shall otherwise direct. (March 2, 1887, c. 314, § 1, 24 Stat. 440.) Section 4 of Act July 2, 1890, as amended, is § 8870. See §§ 8871-8877. $ 8879. Scope of researches—It shall be the ob- ject and duty of said experiment stations to conduct Original researches or verify experiments on the physiology Of plants and animals; the diseases to Which they are severally subject, with the remedies for the Same; the chemical composition of useful plants at their different stages of growth; the com- parative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of Soils and Water; the chemical composition of ma- nures, natural Or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and for- age plants; the composition and digestibility of the different kinds of food for domestic animals; the Scientific and economic questions involved in the pro- duction of butter and cheese; and such other re- searches or experiments bearing directly on the agri- Cultural industry of the United States as may in each Case be deemed advisable, having due regard to the Varying Conditions and needs of the respective States ºferritories (March 2, 1887, c. 314, § 2, 24 Stat. § 8880. Examination of soils—As far as prac- ticable, all such stations shall devote a portion of their work to the examination and classification of the soils of their respective States and Territories, With a view to securing more extended knowledge and better development Of their agricultural capabilities. (March 2, 1889, c. 373, 25 Stat. 840.) § 8881. Supervision; reports; financial state- ments—In order to secure, as far as practicable, uni- formity of methods and results in the work of Said stations, it shall be the duty of the [United States Commissioner of Agriculture] to furnish forms, as far as practicable, for the tabulation of results of inves- tigation or experiments; to indicate, from time to time, such lines of inquiry as to him shall seem most important; and, in general, to furnish such advice and assistance as will best promote the purposes of this act. It shall be the duty of each of said stations, an- nually, on or before the first day of February, to make to the governor of the State or Territory in which it is located a full and detailed report of its operations, including a statement Of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the said Commissioner of Agriculture, and to the Secretary of the Treasury of the United States. (March 2, 1887, c. 314, § 3, 24 Stat. 441.) See §§ 789-792, 819, 839a. Appropriations for carrying out this act, and to establish and maintain stations in §º: etc., were made by Act March 4, 1917, c. 179, 39 tat. 1159. * Ch. B) ź 8891 AGIRICULTURAL COLLEGES IPage 1445] § 8882. Bulletins—Bulletins or reports of pro- gress shall be published at said stations at least Once in three months, one copy of which shall be Sent to each newspaper in the States or Territories in which they are respectively located, and to such individuals actually engaged in farming as may request the Same, and as far as the means of the station Will permit. Such bulletins or reports and the annual reports of said stations shall be transmitted in the mails Of the United States free of charge for postage, under Such regulations as the Postmaster-General may from time to time prescribe. (March 2, 1887, c. 314, § 4, 24 Stat. 441.) See §§ 829, 7134. § 8883. Annual appropriations from sales of 1ands; buildings—For the purpose of paying the neC- essary expenses of conducting investigations and ex- periments and printing and distributing the results as hereinbefore prescribed, the sum of fifteen thousand dollars per annum is hereby appropriated to each State, to be specially provided for by Congress in the appropriations from year to year, and to each Terri- tory entitled under the provisions of section eight of this act, out of any money in the Treasury proceed- ing from the sales of public lands, to be paid in equal quarterly payments, on the first day of January, April, July, and October in each year, to the treasurer or Other officer duly appointed by the governing boards of said colleges to receive the same, the first payment to be made On the first day of October, eighteen hun- dred and eighty-seven : Provided, however, That Out of the first annual appropriation so received by any station an amount not exceeding one-fifth may be ex- pended in the erection, enlargement, or repair of a building. Or buildings necessary for Carrying On the work Of Such station ; and thereafter an amount not exceeding five per centum of such annual appropri- ation may be so expended. (March 2, 1887, c. 314, § 5, 24 Stat. 441.) § 8884. Tſinexpended appropriations—Whenever it shall appear to the Secretary of the Treasury from the annual statement of receipts and expenditures of any of Said stations that a portion of the preceding annual appropriation remains unexpended, Such amount Shall be deducted from the next Succeeding annual appropriation to such station, in Order that the amount of money appropriated to any station shall not exceed the amount actually and necessarily re- Quired for its maintenance and support. (March 2, 1887, c. 314, § 6, 24 Stat. 441.) - § 8885. Relation of agricultural colleges to State or Territorial governments not affected- Nothing in this act shall be Construed to impair or modify the legal relation existing between any of the said Colleges and the government of the States Or Ter- ritories in which they are respectively located. (March 2, 1887, c. 314, § 7, 24 Stat. 441.) $ 8886. Application of act in States having stations separate from agricultural colleges—In States having colleges entitled under this section to the benefits of this act and having also agricultural experiment stations established by law separate from Said Colleges, such States shall be authorized to apply such benefits to experiments at stations so established by such States; and in case any State shall have es- tablished under the provisions of said act Of July Second aforesaid, an agricultural department or exper- imental station, in Connection with any university, College Or institution not distinctively an agricultural College Or School, and such State shall have establish- ed or shall hereafter establish a separate agricultural College Or School, which shall have COnnected there- With an experimental farm or station, the legislature of such State may apply in whole or in part the ap- propriation by this act made, to such separate agri- Cultural College, Or School, and no legislature Shall by Contract express Or implied disable itself from SO do- ing. (March 2, 1887, c. 314, § 8, 24 Stat. 441.) § 8887. Grants of moneys; legislative assent —The grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants: Provided, That payment of Such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session Of its legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof duly Certified to the Secretary of the Treas- ury. (March 2, 1887, c. 314, § 9, 24 Stat. 442.) § 8888. Same; assent by Governor—The grant Of money authorized by the act of Congress entitled “An act to establish agricultural experiment stations in connection with the colleges established in the Several States under the provisions of an act ap- proved July Second, eighteen hundred and sixty-two, and of acts supplementary thereto,” are subject as therein provided to the legislative assent of the States or Territories to be affected thereby; but as to Such installments of the appropriations as may be now due Or may hereafter become due, when the legislature may not be in session, the governor of said State or Territory may make the assent therein pro- Vided, and upon a duly certified copy thereof to the Secretary of the Treasury he shall cause the same to —be-paid in-the manner provided in the act of which this is amendatory, until the termination of the next regular Session of the legislature of such State or Territory. (June 7, 1888, c. 373, 25 Stat. 176.) The Act purported to be amended was Act March 2, 1887, c. 314, §§ 8878-8887. Section 4 of Act July 2, 1862, c. 130, as amended, is § 8870. § 8889. Reservation of power to amend or re- peal act-Nothing in this act shall be held Or Con- Strued as binding the United States to continue any payments from the Treasury to any or all the States Or institutions mentioned in this act, but Congress may at any time amend Suspend or repeal any or all the provisions of this act. (March 2, 1887, c. 314, § 10, 24 Stat. 442.) $ 8890. Report of expenditures; employment of assistants and clerks; payment to States— Agricultural Experiment Stations: TO Carry into ef- fect the provisions of an Act approved March second, eighteen hundred and eighty-Seven, entitled “An Act to establish agricultural experiment Stations in COnnection with the colleges established in the Several States un- der the provisions of an Act approved July Second, eighteen hundred and sixty-two, and of the Acts Sup- plementary thereto,” and to enforce the execution thereof, * * and the Secretary of Agriculture * * shall ascertain whether the expenditures under the ap- propriation hereby made are in accordance With the provisions of the said ACt, and shall make report thereon to Congress; and the Secretary of Agriculture is hereby authorized to employ such assistants, Clerks, and other persons as he may deem necessary, in the city of Washington and elsewhere, and to incur such Other expenses for office fixtures and Supplies, sta- tionary, traveling, freight, and express charges, illus- tration of the Experiment Station Record, bulletins and reports, as he may find essential in carrying out the objects of the above Acts, and the Sums appor- tioned to the several States shall be paid quarterly in advance. (March 2, 1901, c. 805, 31 Stat. 935.) Appropriations for carrying into effect the acts mentioned were made by Act March 4, 1917, c. 179, 39 Stat. 1159. § 8891. Increased annual appropriations- There shall be, and hereby is, annually appropriated, out of any money in the Treasury not otherwise ap- propriated, to be paid as hereinafter provided, to each State and Territory, for the more complete endoW- ment and maintenance of agricultural eXperiment Sta- tions now established or which may hereafter be eS- tablished in accordance with the Act Of CongreSS ap- proved March second, eighteen hundred and eighty- seven, the sum of five thousand dollars in addition to the sum named in said Act for the year ending June thirtieth, nineteen hundred and six, and an annual # 8891 (Tit. 56H AGRICULTURAL COLLEGES IPage 1446] increase of the amount of Such appropriation there- after for five years by an additional sum of two thou, sand dollars over the preceding year, and the annual amount to be paid thereafter to each State and Ter- ritory shall be thirty thousand dollars, to be applied only to paying the necessary expenses Of conducting original researches Or experiments bearing directly on the agricultural industry of the TJnited States, having due regard to the varying conditions and needs Of the respective States or Territories. 951, § 1, 34 Stat. 63.) See note to § 8890. § 3892. Time and manner of annual payments to States; ernor—The sums hereby appropriated to the States and Territories for the further endowment and Sup- port of agricultural experiment stations shall be an- nually paid in equal quarterly payments on the first day of January, April, July, and October of each year by the secretary of the Treasury, upon the Warrant of the Secretary of Agriculture, Out Of the Treasury of the United States, to the treasurer or other officer duly ap- pointed by the governing boards of said experiment Sta- tions to receive the same, and such officers shall be re- quired to report to the Secretary of Agriculture on 9r before the first day of September of each year a detail- ed statement of the amount so received and of its dis- bursement, on schedules prescribed by the Secretary of Agriculture. The grants of money authorized by this Act are made subject to legislative assent of the several States and Territories to the purpose of Said grants: Provided, That payment of such installments of the appropriation herein made as shall become due to any State or Territory before the adjournment of the reg- ular session of legislature meeting next after the passage of this Act shall be made upon the assent of the governor thereof, duly certified by the Secretary of the Treasury. (March 16, 1906, c. 951, § 2, 34 Stat. 63.) - - - § 8893. Diminution of fund made up by State; fund not applied to buildings; reports—If any portion of the moneys received by the designated Of- ficer of any State or Territory for the further and more complete endowment, Support, and maintenance of agricultural experiment Stations as provided in this Act shall by any action or contingency be diminished or lost or be misapplied, it shall be replaced by Said State or Territory to which it belongs, and until So replaced no subsequent appropriation shall be appor- tioned or paid to such State or Territory; and no por- tion of said moneys exceeding five per centum of each annual appropriation shall be applied, directly or in- directly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building Or buildings, or to the purchase or rental of land. It shall be the duty of each of said stations annually, On or before the first day of February, to make to the gov- ernor of the State or Territory in which it is located a full and detailed report of its operations, including a statement of receipts and expenditures, a copy of which report shall be sent to each of Said Stations, to the Secretary of Agriculture, and to the Secretary of the Treasury of the United States. 951, § 3, 34 Stat. 63.) (March 16, 1906, c. * $ 8894. Annual ascertainment and certifica- tion of armounts due States; certificates withheid; appeal to Congress—On or before the first day of July in each year after the passage of this Act the Secretary of Agriculture shall ascertain and certify to the Secretary of the Treasury as to each. State and Territory whether it is complying with the provisions Of this Act and is entitled to receive its share of the annual appropriation for agricultural experiment sta- tions under this Act and the amount which thereupon each is entitled, respectively, to receive. If the Sec- retary of Agriculture shall withhold a certificate from any State or Territory of its appropriation, the facts and reasons therefor shall be reported to the Presi- dent and the amount involved shall be kept separate (March 16, 1906, C. legislative assent, or assent by gov- in the Treasury until the close of the next Congress in order that the State or Territory may, if it shall SO desire, appeal to Congress from the determination Of the Secretary of Agriculture. If the next Con- greSS Shall not direct such sum to be paid, it shall be covered into the Treasury; and the Secretary of Agri- Culture is hereby charged with the proper adminis- tration of this law. (March 16, 1906, c. 951, § 4, 34 Stat. 64.) - - § 8895. Report of receipts and expenditures and work and of withholding appropriations— The Secretary of Agriculture shall make an annual re- port to Congress on the receipts and expenditures and work of the agricultural experiment stations in all of the States and Territories, and also whether the appropriation of any State or Territory has been with- held ; and if so, the reason therefor. (March 16, 1906, C. 951, § 5, 34 Stat. 64.) - $ 8896. Reservation of power to amend or re- peal act—Congress may at any time amend, suspend, Or repeal any Or all Of the provisions of this Act. (March 16, 1906, c. 951, § 6, 34 Stat. 64.) $ 8897. Annual appropriations—The Act of Congress approved March sixteenth, nineteen hundred and six, entitled “An Act to provide for an increased annual, appropriation for agricultural experiment sta- tions and regulating the expenditures thereof,” shall be construed to appropriate for each station the sum Of five thousand dollars for the fiscal year ending June thirtieth, nineteen hundred and six, the Sum Of seven thousand dollars for the fiscal year ending June thirtieth, nineteen hundred and seven, the sum of nine thousand dollars for the fiscal year ending June thir- tieth, nineteen hundred and eight, the sum of eleven thousand dollars for the fiscal year ending June thir- tieth, nineteen hundred and nine, the sum of thirteen thousand dollars for the fiscal year ending June thir- tieth, nineteen hundred and ten, and the sum of fifteen thousand dollars for the fiscal year ending June thir- tieth, nineteen hundred and eleven. The sum of five thousand dollars appropriated for the fiscal year nineteen hundred and six shall be paid On Or before Júne thirtieth, nineteen hundred and six, and the amounts appropriated for the Subsequent years shall be paid as provided in the said Act to each State and Territory for the more complete endowment and main- tenance of agricultural experiment stations now eS- tablished or which may hereafter be established in a C- Cordance with the Act of Congress approved March. second, eighteen hundred and eighty-Seven. (June 30, 1906, c. 3913, 34 Stat. 696.) - See §§ 8878, 8879, 8881-8887, 8889. - § 88.97a. Reports on work and expenditure and on extension work; printing and distribu- tion of copies—That hereafter there be prepared by the Department of Agriculture an annual report. On the work and expenditures of the agricultural experi- ment stations established under the Act of CongreSS Of . March second, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, page four hundred and forty), on the work and expenditures of the De- partment of Agriculture in connection therewith, and on the cooperative agricultural extension work and expenditures of the Department of Agriculture and of agricultural colleges under the Act of May eighth, nineteen hundred and fourteen, entitled “An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and Sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture”; and that there be printed annually eight thousand copies of said report, of which one thousand copies shall be for the use of the Senate, two thousand copies for the use of the House of Representatives, and five thousand COpies for the use of the Department of Agriculture. (March 4, 1915, c. 144, 38 Stat. 1110.) - See § 839a. Act May 8, 1914, c. 79, is §§ 8877a-8877n. TITLE LVI I—WEIGHTS AND MEASURES AND STANDARD TIME Sec. 8898. Metric system authorized. 8899. Authorized tables. 89.00. Sets of standard weights and measures; for agricul- tural colleges. 8901. Same; repair. 8902. Replacing lost Standard weights and measures; cost. 8903. Standard gauge for sheet and plate iron and steel. 8904. Preparation of standards by Secretary of the Treasury. 8905. Variations. 8906. Units of electrical measure. (1) Resistance, ohm. (2) Current, ampere. (3) Electro-motive force, volt. (4) Quantity, coulomb. (5) Capacity, farad. (6) Work, Joule. (7) Power, Watt. (8) Induction, Henry. 8907. Publication of details by National Academy of Sciences. 8907a. Standard barrel for apples; steel barrels. 8907b. Same; barrels below standard; marking. 8907C. Standard barrel for fruits or other dry commodity. 8907d. Same; sale or shipment of barrel of less capacity than Standard; punishment. 8907e. Same; variations from standard permitted; regulations as to tolerance; prosecutions on complaint of local' Officers; act not to apply to barrels used for com- modities sold exclusively by weight or count. 8907f. Standard barrels for lime. 8907g. Same; penalty for selling in barrels not marked. 8907h. sº marking containers of less capacity than bar- I”6 i. 8907i. Same; rules and regulations. - 8907.j. Same; penalty for selling lime in unmarked barrels and containers. - - 8907k. Same; duty of district attorney to enforce act; time of taking effect. 8907l. Standards for Climax baskets. 89.07m. sº basket or container for small fruits and veg- €ta,016S. 8907n. Penalty for using other than standard baskets or con- ºrs: foreign trade conforming to foreign stand- a.I’CIS. 89070. Examination and test by Department of Agriculture; rules and regulations. 8907p. Duties of district attorney. - - 8907 g. º of Imanufacturer of baskets or containers as defined. - - 8907r. Zones for standard time. 8907s. Zone standard to govern movement of common car- riers in interstate commerce; zone standard time meant by time in statutes regulating official acts. - 8907t. Advancing and retarding zone standard time. 8907u. Designation of Zone standard times. * § 8898. Metric system authorized–It shall be lawful throughout the United States of America to employ the weights and measures of the metric sys- tem; and no contract or dealing, or pleading in any COurt, shall be deemed invalid Or liable to objection because the Weights Or measures expressed or referred to therein are weights Or measures of the metric Sys- tem. (R. S. § 3569.) $ 8899. Authorized tables—The tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceedings, as establishing, in terms of the Weights and measures now in Ulse in the United States, the equivalents of the weights and measures expressed therein in terms of the metric systein ; and the tables may lawfully be used for computing, determining, and expressing in Customary weights and measures the weights and measures of the metric System. (E. S. § 3570.) MEASURES OF LENGTH. Metric denominations and Equivalents in denominations Values. in use. Myriameter. ... 10,000 meters. - 6,2137 miles. Kilometer...... 1,000 meters. 0.62137 miles, or 3,280 feet and 10 - inches. Hectometer.... 100 meters. 328 feet and 1 inch. T}ekameter..... 10 meters. 393.7 inches. Meter. . . . . . . . . . . 1 meter. 39.37 inches. Decimeter......*/10 of a meter. 3.937 inches. 0.3937 inches. 0.0394 inches. Centimeter....*/100 of a meter. Millimeter....*/1000 of a meter. MEASURES OF CAPACITY. Metric denominations and Equivalents in denominations values. in use. NU m. of Cubic Dry Liquor or Wine Names. liters. |IOlea,Sure. Iſlea SUIT e. Iſlea,Sll I’6. Riloliter, 1,000 || 1 cubic Or Stere. meter |1.308 cub. yards. . . 264.17 gallons. Hectoliter. 100 | */10 of a cubic meter |2 bushels and 3.35 - pecks. . . . . . . . . . . 26.417 gallons. Deka.liter.. 10 || 10 cubic - de C i- meters|9.08 quarts........ 2.6417 gallons. Liter...... 1 || 1 cubic de C i- meter |0.908 quarts. . . . . . . |1.0567 quarts. Deciliter.. */io | */10 of a : C u b. de C i- meter 6.1022 cub. inch... 0.845 gills. Centiliter.. */100 || 10 cubic : - . - centi- meters |0.6102 cub. inch...] 0.338 fluid Ounces. Milliliter... */1000 || 1 , cubic centi- - meter |0.061 cub. inch....] 0.27 fluid drams. MEASURES OF SURFACE. Metric denominations and val- Equivalents in denominations U16S. II]. U. S.G. Hectare... 10,000 square meters. 2.471 acres. Are . . . . . . . 100 square meters. | 119.6 square yards. Centare.. i square meter. 1550 square inches. WEIGHTS. Equivalents Metric denominations and values. *ś º TIS6. Number Weight of what * e Names. Of quantity of water at Avº OIS - gram.S. Imaximum density. 8-> *-* * * Millier or tonneau | 1,000,000 1 Cubic meter. . . . . . . . 2204.6 pounds. Quintal. . . . . . . . . . . o ,000 || 1 hectoliter.......... 220.46 pounds. Myriagram... . . . . . 10,000 || 10 liters......... ..... 22.046 pounds. P&ilogram or kilo. . 1,000 || 1 liter. . . . . . . . . . . . .... 2.2046 pounds, Hectogram. . . . . . . º 100 || 1 deciliter. . . . . . . . . . . . 3.5274 ounces. Dekagram. . . . . . . . . 10 | 10 cubic centimeters | 0.3527 ounces. Gram. . . . . . . . . . . . . . 1 | 1 cubic centimeter... 15.432 grains. Decisram. . . . . . . . . . 1/10 | */10 of a cubic centi- - meter. . . . . . . . . . . . . . 1.5432 grains. Centigram. . . . . . . . º */100 | 10 cubic millimeters. 0.1543 grains. Milligram. . . . . . . . . */1000 || 1 cubic millimeter... 0.0154 grains. See §§ -857, 859, 921-923. § 8900. Sets of standard weights and meas- ures; for agricultural colleges—That the Secre- tary of the Treasury be, and he is hereby, directed to cause a Complete set Of all the weights and meas- ures adopted as standards to be delivered to the gov- ernor of each State in the Union, for the use of agri- Cultural Colleges in the States, respectively, which have received a grant of lands from the United States, and also one set of the same for the use of the Smith- Sonian Institution: Provided, That the cost of each Set shall not exceed two hundred dollars, and a Sum Sufficient to Carry Out the provisions of this resolution is hereby appropriated out of any money in the Treas- ury not otherwise appropriated. (March 3, 1881, No. 26, 21 Stat. 521.) - $ 8901. Same; repair—Hereafter such necessary repairs and adjustments shall be made to the stand- ards furnished to the several States and Territories as may be requested by the governors thereof, and also to standard weights and measures that have been, or may hereafter be, supplied to United States Custom-houses and Other Offices Of the United States, under act of Congress, when requested by the Secre- tary of the Treasury. (July 11, 1890, c. 667, § 1, 26 Stat. 242.) [Page 1447] 3 8902 (Tit. 56I werGHTS AND MEASURES AND STANDARD TIME $ 8902. Replacing lost standard weights and measures; cost—That hereafter the Secretary of the Treasury be, and he is hereby, authorized and directed to furnish precise copies of standard weights and measures bearing the Seál of the office of construction of standard weights and measures of the United States, and accompanied by a suitable certificate, to any State, Territory, or institution heretofore fur- nished With the Salme, upon application in writing by the governor in the case of a State or Territory, or by the Official head in the case of an institution, setting forth that the copies of standards applied for are to replace Similar ones heretofore furnished, in accord- ance With law, by the office of construction of stand- ard Weights and measures of the United States which have been lost or destroyed: Provided, That the ap- plicant Shall, before the said standards are delivered, first deposit with the Secretary of the Treasury the amount of money necessary to defray all expenses in- Curred by the Office of construction of standard Weights and measures in furnishing the same, which amount Shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, aS SOOn as the Weights or measures are delivered for transportation into the hands of such persons as are designated by the officers ordering the same. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 383.) $ 8903. Standard gauge for sheet and plate iron and steel—For the purpose of securing uniform- ity the following is established as the only standard gauge for Sheet and plate iron and steel in the United States of America, namely: [Page 1448] +-> to § ºn 3'5 3'3 i 1 *- s ... g. É a B. ta ket Me" 3 |## | ### | ## |##| £g | # 3 | ##| # 89 | E.3 | "...; 9 | E 8 -r-t & * E | 3 || || 3.5 p ºf E3 tº G ſt * .º. E. 5 3 E ; : | 3 || || 33 # || 3 || 3: | # ##| ##4 ##| | ##| #: … . .355 || 3 || 3 || 3 H § 3 ; tā ##| #: | #3 | H =#| #3 # = ##| #H# #3 #5 #3 # |3, a 3, 3 || 3., 5 #| ET; | ##| | # 5 | E3 à |##: ###| | ###| |}: $3.3 | #3 | ##| # p F. Ri o º, R. Q. 5 : 3 & E | 5 & 3 & 3 || 3 E 35.3 2, 3 " | E 0000000|| 1–2 |.5 12.7 |320 |20.00 (9.072 97.65 |215.28 000000||15-32 (.46875 11.90625 |300 18.75 (8.505 (91.55 '20132 00000|| 7-16 .4375 11.1125 |280 [17.50 |7.983 |85.44 188.37 0000||13–32 |.40625 10.31875 |260 |16.25 (7.371 (79.33 ſiſ.gi 000|| 3–8 .375 9.525 240 15. 6.804 |73.24 |16.1.46 00:11–32 .34375 8.73125 [220 13.75 6.237 |67.13 |148.00 0|| 5–16 |.3125 7.9375 200 12.50 (5.67 |61.03 |134.55 1 9-32 ) .281.25 7.14375 |180 |11.25 |5.103 |54.93 |121.09 2|17–64 1.265625 6.7 (6875 |170 10.625 4.819 fif.83 |114.37 3| 1–4 |.25 35 160 |10. 4.536 |48.82 |107.64 4|15–64 .234375 || 5.953125 150 9.375 4.252 |45.77 100.91 5|| 7-32 |.21875 5.55625 ||140 || 8.75 |3.969 |42.72 94.18 6|13-64 |.203125 5.159375 (130 | 8.125 |3,685 39.67 87.45 7| 3-16 |.1875 4.7625 120 || 7.5 3.402 |36.62 | 80.72 8||11–64 |.171875 4.365625 [110 || 6.875 3.118 |33.57 || 74.00 9| 5-32 .15625 3.96875 |100 6.25 |2,835 30.52 67.27 10| 9-64 |.140625 || 3.571875 90 || 5.625 |2.552 27.46 60.55 11| 1-8 .125 3.175 80 5. 2.268 |24.41 53.82 12| 7-64 [.109375 || 2.778.125 || 70 || 4.375 (1.984 |21.36 || 47.09 13| 3–32 |.09375 2.38.125 60 | 3.75 |1.701 18.31 40.36 14| 5–64 |.078.125 | 1.984375 50 | 3.125 1.417 |15.26 33.64 15| 9–128 .0703125 | 1.7859375 45 || 2.8125 1.276 |13.73 30.27 16|| 1–16 .0625 1.5875 40 2.5 1.134 12.21 | 26.91 17| 9-160 |.05625 1.42875 36 2.25 |1.021 10.99 || 24.22 18| 1–20 |.05 1.27 32 2. .90.72; 9.765| 21.53 19| 7–160 |.04375 1.11125 28 1.75 .7938|| 8.544| 18.84 20|| 3–80 |.0375 .95.25 24 | 1.50 .6804 7.324 | 16.15 21||11–320 |.034375 .873125 22 | 1.375 .6237; 6.713| 14.80 22, 1–32 |.03125 .793750 | 20 | 1.25 .567 || 6.103|| 13.46 23| 9–320 |.028125 .714375 | 18 || 1.125 | .5103f 5.493; 12.1.1 24. 1-40 |.025 .635 16 | 1. .4536 4.882] 10.76 25|| 7-320 |.021875 .555625 || 14 .875 .3969| 4.272 9.42 26|| 3-160 |.01875 .47625 12 .75 .3402| 3.662| 8.07 27|11–640 |.0171875 . .4365625 11 .6875 .3119, 3.357| 7.40 28, 1–64 |.015625 .396875 10 | .625 .2835, 3.052 6.73 29| 9-640 |.0140625 .3571875 9 .5625 .2551 2.746, 6.05 30|| 1–80 .0125 .3175 8 .5 .2268] 2.441] 5.38 31|| 7-640 |.0109375 .2778.125 || 7 | .4375 .1984] 2.136 4.71 32|13–1280.01015625 .25796875 6%| .40625 | .1843| 1.983 4.37 33| 3–320 .009375 .238.125 6 .375 .1701] 1.831|| 4.04 34:11–1280.00859375 .21828.125 5%| .34375 .1559| 1.678. 3.70 35| 5–640 .0078.125 .1983.375 || 5 | .3125 .1417| 1.526|| 3.36 36| 9–1280.00703125 | .1785.9375 4%| .281.25 | .1276| 1.373| 3.03 37|17–2560.006640625 .168671875|| 4}| .265625) .1205] 1.297| 2.87 38|| 1–160 |.00625 .15875 4 | .25 .1134| 1.221 2.69 And on and after July first, eighteen hundred and ninety three, the same and no other shall be used in determining duties and taxes levied by the United States of America on sheet and plate iron and steel. But this act shall not be construed to increase du- ties upon any articles which may be imported. (March 3, 1893, c. 221, § 1, 27 Stat. 746.) $ 8904. Preparation of standards by Secre- tary of the Treasury—The Secretary of the Treas- ury is authorized and required to prepare suitable standards in accordance here with. (March 3, 1893, c. 221, § 2, 27 Stat. 746.) $ 8905. Variations—In the practical use and ap- plication of the standard gauge hereby established a Variation of two and one-half per cent, either way may be allowed. (March 3, 1893, c. 221, § 3, 27 Stat. 746.) - $ 8906. Units of electrieal measure—From and after the passage of this Act the legal units of elec- trical measure in the United States shall be as fol- 10 WS: - (1) Resistance, ohm—First. The unit of resistance shall be what is known as the international ohm, Which is Substantially equal to one thousand million units of resistance of the centimeter-gram-second sys- tem. Of electro-magnetic units, and is represented by the resistance offered to an unvarying electric current by a Column of mercury at the temperature of melting ice fourteen and four thousand five hundred and twen- ty-One ten-thousandths grams in mass, of a Constant Cross-sectional area, and of the length of one hundred and six and three-tenths centimeters. (2) Current, ampere—Second. The unit of current shall be what is known as the international ampere, which is One-tenth Of the unit Of Current of the centi- meter-gram-Second System of electro-magnetic units, and is the practical equivalent of the unvarying Cur- rent, which, when passed through a solution of ni- trate Of Silver in Water in accordance with Standard specifications, deposits silver at the rate of One thou- Sand One hundred and eighteen millionths of a gram per Second. (3) Electro-motive force, volt—Third. The unit Of electro-motive force shall be what is known as the international volt, which is the electro-motive force that, steadily applied to a Conductor whose resistance is one international ohm, will produce a current of an international ampere, and is practically equivalent to One thousand fourteen hundred and thirty-fourths Of the electro-motive force between the poles Or elec- trodes Of the Voltaic Cell known as Clark’s Cell, at a temperature of fifteen degrees Centigrade, and prepar- ed in the manner described in the standard Specifica- tions. (4) Quantity, coulomb—Fourth. The unit of quan- tity shall be what is known as the international Cou- lomb, which is the quantity of electricity transferred by a current of One international ampere in One Sec- Oñd. (5) Capacity, farad—Fifth. The unit of Capacity shall be what is known as the international farad, which is the capacity of a condenser charged to a potential of One international volt by One internation al Coulomb of electricity. - (6) Work, Joule-Sixth. The unit of work shall be the Joule, which is equal to ten million units of work in the centimeter-gram-second system, and which is practically equivalent to the energy expend- ed in one second by an international ampere in an international Ohm. (7) Power, Watt–Seventh. The unit of power shall be the Watt, which is equal to ten million units of power in the centimeter-gram-second system, and which is practically equivalent to the work done at the rate of One Joule per SeçOnd. (8) Induction, Henry—Eighth. The unit of in- duction shall be the Henry, which is the induction in a circuit when the electro-motive force induced in this circuit is one international volt while the in- Tit. 561) * ź 8907.j WEIGHTS AND MEASURES AND STANDARD TIME IPage 1449] ducing current varies at the rate of One Ampere per second. (July 12, 1894, c. 131, § 1, 28 Stat. 101.) § 8907. Publication of details by National Academy of Sciences—It shall be the duty of the National Academy of Sciences to prescribe and pub- lish, as soon as possible after the passage of this Act, such specifications of details as shall be necessary for the practical application of the definitions Of the ampere and volt hereinbefore given, and such specifi- cations shall be the standard Specifications herein mentioned. (July 12, 1894, c. 131, § 2, 28 Stat. 102.) § 8907a. Standard barrel for apples; steel barrels—The standard barrel for apples shall be of the following dimensions when measured without dis- tention of its parts: Length of stave, twenty-eight and One-half inches ; diameter of head, seventeen and one-eighth inches; distance between heads, twenty- six inches; circumference of bulge, sixty-four inches Outside measurement, representing as nearly as pos- sible seven thousand and fifty-six cubic inches: Pro- vided, That steel barrels containing the interior di- mensions provided for in this section shall be Con- strued as a compliance there with. (Aug. 3, 1912, C. 273, § 1, 37 Stat. 250.) See §§ 8733, 8734, 8736, 8737. § 8907b. Same; barrels below standard; marking—All barrels packed with apples shall be deemed to be below standard if the barrel bears any statement, design, or device indicating that the barrel is a standard barrel of apples, as herein defined, and the capacity of the barrel is less than the capacity pre- scribed by section. One of this Act, unless the barrel shall be plainly marked on end and side with words or figures showing the fractional relation which the ac- tual capacity Of the barrel bears to the Capacity pre- scribed by Section One of this Act. The marking re- Quired by this paragraph shall be in block letters of size not less than seventy-two point one-inch gothic. (Aug. 3, 1912, c. 273, § 4, 37 Stat. 251.) § 8907 c. Standard barrel, for fruits or other dry commodity—The standard barrel for fruits, veg- etables, and other dry Commodities other than Cran- berries shall be of the following dimensions when measured without distention of its parts: Length of Stave, twenty-eight and One-half inches; diameter of heads, Seventeen and One-eighth inches; distance be- tween heads, twenty-six inches ; Circumference of bulge, sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided, That any barrel of a different form having a capacity of seven thousand and fifty- six Cubic inches shall be a standard barrel. The Standard barrel for Cranberries shall be of the follow- ing dimensions when measured without distention of its parts: Length of Staves, twenty-eight and one- half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one- fourth inches; circumference of bulge, fifty-eight and One-half inches, outside measurement; and the thickness of Staves not greater than four-tenths of an inch. (March 4, 1915, c. 158, § 1, 38 Stat. 1186.) § 8907d. Same; sale or shipment of barrel of less capacity than standard; punishment—It Shall be unlawful to sell, offer, or expose for sale in any State, Territory, or the District of Columbia, or to Ship from any State, Territory, or the District of Columbia to any other State, Territory, or the Dis- trict of Columbia or to a foreign country, a barrel Containing fruits or vegetables or any other dry conn- modity of less capacity than the standard barrels defined in the first section of this Act, or subdivisions thereof known as the third, half, and three-quarters barrel, and any person guilty of, a willful violation Of any of the provisions of this Act shall be deemed guilty of a misdemeanor and be liable to a fine not to exceed $500, or imprisonment not to exceed six months, in the court of the United States having ju- risdiction: Provided, however, That no barrel shall be deemed below standard within the meaning of this Act when shipped to any foreign country and con- structed according to the specifications or directions Of the foreign purchaser if not constructed in conflict with the laws of the foreign country to which the same is intended to be shipped. (March 4, 1915, c. 158, § 2, 38 Stat. 1186.) § 8907e. Same; variations from standard permitted; regulations as to tolerance; prosecu- tions on complaint of local officers; act not to apply to barrels used for commodities sold ex- clusively by weight or count—Reasonable varia- tions shall be permitted and tolerance shall be es- tablished by rules and regulations made by the Direc- tor of the Bureau of Standards and approved by the Secretary of Commerce. Prosecutions for offenses un- der this Act may be begun upon complaint of local Sealers Of Weights and measures or other Officers of the soveral States and Territories appointed to en- force the laws of the said States or Territories, re- Spectively, relating to weights and measures: Pro- vided, however, That nothing in this Act shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count. (March 4, 1915, c. 158, § 3, 38 Stat. 1187.) $ 8907f. Standard barrels for lime—There is hereby established a large and a small barrel of lime, the large barrel to consist of two hundred and eighty pounds and the small barrel to consist of one hundred and eighty pounds, net weight. (Aug. 23, 1916, c. 396, § 1, 39 Stat. 530.) $ 8907 g. Same; penalty for selling in barrels not marked—It shall be unlawful for any person to sell or offer for sale lime imported in barrels from a foreign Country, or to sell or offer for sale lime in bar- rels for shipment from any State or Territory or the District of Columbia, to any other State or Territory Or the District of Columbia, unless there shall be Stencilled or otherwise clearly marked on one or both heads of the small barrel the figures “180 lbs. net” and of the large barrel the figures “280 lbs. net” be- fore the importation or shipment, and on either bar- rel in addition the name of the manufacturer of the lime and where manufactured, and, if imported, the name of the country from which it is imported. (Aug. 23, 1916, c. 396, § 2, 39 Stat. 530.) $ 8907h. Same; marking containers of less capacity than barrel—When lime is sold in inter- State Or foreign commerce in containers of less capaci- ty than the standard small barrel, it shall be sold in fractional parts of said standard small barrel, and the net Weight of lime contained in such container Shall by Stencil or otherwise be clearly marked there- On, together With the name of the manufacturer there- Of, and the name of the brand, if any, under which it is Sold, and, if imported, the name of the country from which it is imported. (Aug. 23, 1916, c. 396, § 3, 39 Stat. 530.) $ 8907i. Same; rules and regulations—Rules and regulations for the enforcement of this Act, not inconsistent with the provisions of the Act, shall be made by the Director of the Bureau of Standards and approved by the Secretary of Commerce, and that Such rules and regulations shall include reasonable variations or tolerances which may be allowed. (Aug. 23, 1916, c. 396, § 4, 39 Stat. 531.) § 8907.j. Same; penalty for selling lime in un- marked barrels and containers—It shall be unlawful to pack, sell, or offer for sale for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any barrels Or Other COntainers of lime which are not marked as provided in sections two and three of this Act, or to Sell, Charge for, or purport to deliver from any State Or Territory or the District of Columbia to any other State or Territory or the District of Co- lumbia, as a large or small barrel or a fractional part of said Small barrel of lime, any less weight of lime than is established by the provisions of this Act; and any person guilty of a violation of the provisions Of this Act shall be deemed guilty of a misdemeanor 3 8907k (Tit. 56I WEIGHTS AND MEASURES AND STANDARD TIME * [Page 1450] and be liable to a fine not exceeding $100. 1916, c. 396, § 5, 39 Stat. 531.) $ 890.7 k. Same; duty of district attorney to enforce act; time of taking effect—It shall be the duty of each district attorney, to whom Satisfactory evidence of any violation of this Act is presented, to Cause appropriate proceedings to be commenced and prosecuted in the United States court having juris- diction of Such offense: Provided, however, That the penal provisions of this Act shall not take effect un- til January first, nineteen hundred and seventeen. (Aug. 23, 1916, c. 396, § 6, 39 Stat. 531.) $ 8907l. Standards for Climax baskets—Stand- ards for Climax baskets for grapes and other fruits and Vegetables shall be the two-quart basket, four- Quart basket, and twelve-quart basket, respectively: (a) The Standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch ; height of basket, three and Seven-eighths inches, outside measurement; top of basket, length eleven inches and width five inches, outside measurement. Basket to have a cover five by eleven inches, when a cover is used. (b) The Standard four-quart Climax basket shall be Of the following dimensions: Length of bottom piece, tWelve inches; width of bottom piece, four and One- half inches; thickness of bottom piece, three-eighths Of an inch ; height of basket, four and eleven-six- teenths inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inch- eS, Outside measurement. Basket to have cover six and One-fourth inches by fourteen inches, when cover is used. - (C) The Standard twelve-quart Climax basket shall be of the following dimensions: Length of bottom piece, sixteen inches; width of bottom piece, six and One-half inches; thickness of bottom piece, seven-six- teenths of an inch; height of basket, seven and one- sixteenth inches, Outside measurement; top of bas- ket, length nineteen inches, width nine inches, out- Side measurement. Basket to have cover nine inches by nineteen inches, when cover is used. (Aug. 31, 1916, c. 426, § 1, 39 Stat. 673.) § 8907 m. Standard basket or container for small fruits axid vegetables—The standard basket Or Other Container for Small fruits, berries, and vege- tables shall be of the following capacities, namely, dry One-half pint, dry pint, dry quart, or multiples of the dry quart. (a) The dry half pint shall contain sixteen and eight-tenths cubic inches. (b) The dry pint shall contain thirty-three and six- tenths Cubic inches. - (c) The dry quart shall contain sixty-seven and two- tenths cubic inches. (Aug. 31, 1916, c. 426, § 2, 39 Stat. 673.) § 89.07m. Penalty for using other than stand- 'ard baskets or containers; foreign trade con- forming to foreign standards—It shall be unlawful to manufacture for shipment, or to sell for shipment, or to ship from any State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, any Climax baskets or other containers for small fruits, berries, or vegetables whether filled or unfilled, which do not conform to the provisions of this Act ; and any person guilty of a willful Viola- tion of any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon Convic- tion thereof shall be fined in any sum not exceeding $25: Provided, That nothing herein contained shall apply to the manufacture, sale, or shipment of Cli- (Imax baskets, baskets, Or Other Containers for Small - fruits, berries, and vegetables when intended for ex- (Aug. 23, port to foreign countries when such Climax baskets, baskets, or other containers for small fruits, ber- Ties, and vegetables accord with the specifications of the foreign purchasers or comply with the law of the Country to Which shipment is made or to be made. (Aug. 31, 1916, c. 426, § 3, 39 Stat. 674.) $ 89070. Examination and test by Department of Agriculture; rufes and regulations—The ex- amination and test of Climax baskets, baskets, or Other Containers for small fruits, berries, and vege- tables, for the purpose of determining whether such baskets or other containers comply with the provi- Sions of this Act, shall be made by the Department of Agriculture, and the Secretary of Agriculture shall establish and promulgate rules and regulations allow- ing Such reasonable tolerances and variations as may be found necessary. (Aug. 31, 1916, c. 426, § 4, 39 Stat. 674.) $ 8907p. Duties of district attorney—It shall be the duty of each district attorney, to whom sat- isfactory evidence of any violation of the Act is pre- Sented, to cause appropriate proceedings to be com- menced and prosecuted in the proper court of the United States for the enforcement of the penalties as in such case herein provided. (Aug. 31, 1916, c. 426, § 5, 39 Stat. 674.) $ 8907 g. Guaranty of manufacturer of bas- kets or containers as defined—No dealer shall be prosecuted under the provisions of this Act when he Can establish a guaranty signed by the manufacturer, wholesaler, jobber, or other party residing within the United States from whom such Climax baskets, bas- kets, or other containers, as defined in this Act, were purchased, to the effect that said Climax baskets, bas- kets, Or Other COntainers are correct within the mean- ing Of this Act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of Climax baskets, baskets, Or Other COntainers to Such dealer, and in such case Said party or parties shall be, amenable to the prose- cutions, fines, and other penalties which would at- tach in due course to the dealer under the provi- sions of this Act. (Aug. 31, 1916, c. 426, § 6, 39 Stat. 674.) $ 8907r. Zones for standard time—For the pur- pose of establishing the standard time of the United States, the territory of continental United States shall be divided into five Zones in the manner here- inafter provided. The Standard time of the first zone shall be based On the mean astronomical time Of the seventy-fifth degree of longitude west from Green- wich; that Of the Second ZOne On the ninetieth degree; that Of the third ZOne On the One hundred and fifth degree; that of the fourth ZOne On the One hundred and twentieth degree; and that of the fifth Zone, which shall include only Alaska, on the one hundred and fiftieth degree. That the limits of each zone shall be defined by an order of the Interstate Commerce Commission, having regard for the convenience of Com- merce and the existing junction points and division points of Common carriers engaged in commerce be- tween the several States and with foreign nations, and Such Order may be modified from time to time. (March 19, 1918, c. 24, § 1, 40 Stat.) § 8907 s. Zone standard to govern movement of common carriers in interstate commerce; zone standard time meant by time in statutes regulat- ing official aets—Within the respective zones created under the authority hereof the standard time of the Zone shall govern the movement of all common car- Tiers engaged in commerce between the several States Or between a State and any of the Territories Of the United States, or between a State or the Territory Of Alaska and any of the insular possessions of the United States or any foreign country. In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of the United States, whether in the legislative, ex- Ch. B) . - LABOR # 8914 [Page 14511 --- ecutive, or judicial branches of the Government, or relating to the time within which any rights shall accrue or determine, or within which any act shall Or shall not be performed by any person subject to the jurisdiction of the United States, it shall be under- stood and intended that the time shall be the United States standard time of the zone within which the act is to be performed. (March 19, 1918, c. 24, § 2, 40 Stat.) § 890.7t. Advancing and retarding zone stand- ard time—At the two O'Clock antemeridian of the last Sunday in March of each year the standard time of each Zone shall be advanced One hour, and at two O’clock antemeridian Of the last Sunday in October in each year the standard time of each zone shall, by the retarding Of One hour, be returned to the mean astronomical time of the degree of longitude govern- ing said Zone, so that between the last Sunday in March at two o'clock antemeridian and the last Sun- day in October at two o'clock antemeridian in each. year the standard time in each zone shall be One hour in advance of the mean astronomical time of the degree of longitude governing each Zone, respective- ly. (March 19, 1918, c. 24, § 3, 40 Stat.) § 890?u. Designation of zone standard times— The standard time of the first zone shall be known and designated as United States Standard Eastern Time; that Of the Second ZOne shall be known and . designated as United States Standard Central Time; that Of the third ZOne shall be known and designated as United States Standard Mountain Time; that of the fourth ZOne shall be known and designated as United States Standard Pacific Time; and that of the fifth Zone shall be known and designated as Unit- ed States Standard Alaska Time. (March 19, 1918, C. 24, § 4, 40 Stat.) * TITLE LVI Chap. - Sec. A. National trade unions. . . . . . . . . . . . . . . . . . . . . º, e º ſº e º 8908 B. Commission on inciustrial relations. . . . . . . . . . . . . . 8913 C. Hours of labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8918 sºmºsºs ºsmºs Chapter A–National Trade Unions Sec. 8908. Definition. 8909. Incorporation. 8910. Constitution, rules, and by-laws. 8911. Duties of officers. 8912. Headquarters. § 8908. Definition—The term “National Trade Union,” in the meaning of this act, shall signify any association of working people having two or more branches in the States or Territories of the United States for the purpose of aiding its members to be- come more skillful and efficient Workers, the promo- tion of their general intelligence, the elevation Of their character, the regulation of their wages and their hours and conditions of labor, the protection of their individual rights in the prosecution of their trade or || trades, the raising of funds for the benefit of sick, disabled, or unemployed members, or the families of deceased members, or for such other object or Ob- jects for which working people may lawfully Com- bine, having in view their mutual protection or, ben- efit. (June 29, 1886, c. 567, § 1, 24 Stat. 86.) See § 8676. * - f § 8909. Incorporation—National Trade Unions shall, upon filing their articles of incorporation in the Office of the recorder of the District of Columbia, become a corporation under the technical name by which said National Trade Union desires to be known to the trade; and shall have the right to sue and be sued, to implead, and be impleaded, to grant and re- ceive, in its corporate or techinical name, property, real, personal, and mixed, and to use said property, and the proceeds and income thereof, for the objects of Said corporation as in its charter defined : Provid- ed., That each union, may hold only so much real es- tate as may be required for the immediate purposes of its incorporation. (June 29, 1886, c. 567, § 2, 24 Stat. 86.) § 8910. Constitution, rules, and by-laws—An incorporated National Trade Union shall have power to make and establish such constitution, rules, and by-laws as it may deem proper to carry Out its law- ful objects, and the same to alter, amend, add to, Or repeal at pleasure. (June 29, 1886, c. 567, § 3, 24 Stat. 86.) - § 8911. Duties of officers—An incorporated Na- tional Trade Union shall have power to define the duties and powers of all its officers, and prescribe their mode of election and term of office, to establish Chap. * Sec. D. Compensation for Injuries to employés of United States s e º e a e e is e º e º 'º e º e s tº e º & e º & e e e s e º 'º e º e º is & © tº e a 8923 branches and subunions in any Territory of the United States. (June 29, 1886, c. 567, § 4, 24 Stat. 86.) . $ 8912. Headquarters—The headquarters of an incorporated National Trade Union shall be located in the District of Columbia. (June 29, 1886, c. 567, § 5, 24 Stat. 86.) - Chapter B–Commission on Industrial Relations Sec. 8913. Establishment. e & §14. Compensation of members; sittings and hearings; Wit- nesses; employment of secretaries and experts; of- fices and stationery. - 3915. Reports and recommendations to Congress. 8916. Inquiries into labor conditions. * 8917, Employment of experts; compensation of employés. § 8913. Establishment—A commission is hereby created to be called the Commission. On Industriał 'Relations. Said commission shall be composed. Of nine persons, to be appointed by the President of the United States, by and with the advice and Consent Of the Senate, not less than three of whom shall be em- ployers of labor and not less than three of whom shall be representatives of organized labor. The Depart- ment of Commerce and Labor is authorized to CO- operate with said commission in any manner and to Whatever extent the Secretary of Commerce and Labor may approve. (Aug. 23, 1912, c. 351, § 1, 37 Stat. 415.) § 8914. Compensation of members; sittings and hearings; witnesses; employment of secre- taries and experts; offices and stationery-The members Of this commission shall be paid actual trav- eling and other necessary expenses and in addition a compensation of ten dollars per diem while actual- ly engaged on the work of the commission and While going to or returning from such work. The Commis- Sion is authorized as a Whole, or by Subcommittees of the commission, duly appointed, to hold sittings. and public hearings anywhere in the United States, to send for persons and papers, to administer oaths, to summon and compel the attendance of witnesses and to compel testimony, and to employ such Secre- taries, experts, Stenographers, and Other assistants as shall be necessary to carry out the purposes for which Such commission is created, and to rent such Offices, to purchase Such books, stationery, and other Supplies, and to have Stlch printing and binding done, as may be necessary to carry out the purposes for which * 8914 (Tit. 56.J LABOR. IPage 1452] such commission is created, and to authorize its mem- bers or its employees to travel in or outside the | Inited States on the business of the commission. (Aug. 23, 1912, c. 351, § 2, 37 Stat. 415.) - See. §§ 3236a, 3236b. - - § 8915. Reports and recommendations to Con- gress–Said commission may report to the Congress its findings and recommendations and Submit the testimony taken from time to time, and Shall make a final report accompanied by the testimony not pre- viously submitted not later than three years after the date of the approval of this Act, at which time the term of this commission shall expire, unless it shall previously have made final report, and in the latter case the term of the commission shall expire With the making of its final report; and the commission shall make at least one report to the Congress Within the first year of its appointment and a second report within the second year of its appointment. (Aug. 23, 1912, c. 351, § 3, 37 Stat. 415.) $ 8916. Inquiries into labor conditions—The commission shall inquire into the general Condition of labor in the principal industries of the United States including agriculture, and especially in those which are carried on in corporate forms; into exist- ing relations between employers and employees; into the effect of industrial conditions on public welfare and into the rights and powers of the community to deal there With ; into the Conditions of Sanita- tion and safety of employees and the provisions for protecting the life, limb, and health of the employees; into the growth of associations of employers and of Wage earners and the effect of such associations up- On the relations between employers and employees; into the extent and results Of Imethods Of collective bargaining ; into any methods which have been tried in any State or in foreign countries for maintaining mutually satisfactory relations between employees and employers; into methods for avoiding or adjusting labor disputes through peaceful and conciliatory mediation and negotiations; into the scope, meth- OdS, and resources of existing bureaus of labor and into possible ways of increasing their usefulness; in- to the question of smuggling or other illegal entry of Asiatics into the United States or its insular posses- sions, and of the methods by which such Asiatics have gained and are gaining such admission, and shall report to Congress as speedily as possible with such recommendation as said commission may think prop- er to prevent such Smuggling and illegal entry. The Commission shall seek to discover the underlying caus- es of dissatisfaction in the industrial, situation and report its conclusions thereon. (Aug. 23, 1912, c. 351, § 4, 37 Stat. 416.) - - § 8917. Employment of experts; compensation of employés—The commission may expend not to exceed five thousand dollars per annum for the em- ployment of experts at such rate of compensation as may be fixed by the commission but no other person employed hereunder by the commission, except ste- nographers temporarily employed for the purpose of taking testimony, shall be paid compensation at a rate in excess of three thousand dollars per annum. (Aug. 23, 1912, c. 351, § 5, 37 Stat. 416.) Chapter C—Hours of Labor see Title LVIA, Chapter G, ss 8677-86806. Sec. 8918. Eight-hour day on public works; river and harbor dredging; longer hours unlawful. 8919. Violation of act punishable. 8920. Existing contracts not affected. 8921. Public contracts to provide for eight-hour day; stipu- lation for penalty; inspectors to report violations; deduction of penalty; appeals; right of action in Court of Claims. 8922. Same; contracts excepted; work included; waiver in time of war; when penalty not to be imposed; eight- hour law not affected. . . . . . 8922a. Suspension of eight hour law in case of emergency; overtime pay. of the court having jurisdiction thereof. § 8918. Eight-hour day on public works; river and harbor dredging; longer hours unlaw- ful—The service and employment of all laborers and mechanics who are now, or may hereafter, be em- ployed by the Government of the United States or the District of Columbia, or by any contractor or Sub- contractor, upon a public work of the United States or of the District of Columbia, and of all persons who are now, or may hereafter be, employed by the GOV- ernment of the United States of the District of Co- lumbia, Or any contractor or subContractor, to per- form services similar to those of laborers and mechan- ics in connection with dredging or rock excavation in any river or harbor of the United States or of the Dis- trict of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Govern- ment or of the District of Columbia, or any such con- tractor or subcontractor whose duty it shall be to employ, direct, or control the services of such la- borers or mechanics or of such persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock exca- vation in any river or harbor of the United States or of the District of Columbia, to require or permit any Such laborer or mechanic or any such person employ- ed to perform services similar to those of laborers and mechanics in Connection with dredging or rock exca- vation in any river or harbor of the United States or of the District of Columbia, to work more than eight hours in any calendar day, except in case of ex- traordinary emergency: Provided, That nothing in this Act shall apply or be construed to apply to per- sons employed in connection with dredging or rock ex- Cavation in any river Or harbor of the United States or of the District of Columbia while not directly oper- ating dredging or rock excavating machinery or tools, nor to persons engaged in construction or repair of levees or revetments necessary for protection against floods or Overflows On the navigable rivers of the United States. (Aug. 1, 1892, c. 352, § 1, 27 Stat. 340, amended, March 3, 1913, c. 106, 37 Stat. 726.) See §§ 236, 238, 4703, 7011, 7012, 7038, 7039. § 8919. Violation of act punishable—Any of— ficer or agent of the Government of the United States or of the District of Columbia, or any contractor or Subcontractor whose duty it shall be to employ, di- rect, or control any laborer or mechanic employed upon a public work of the United States or of the District of Columbia, Or any perSon employed to perform services similar to those of laborers and mechanics in GOnnection with dredging Or rock ex- cavation in any river or harbor of the United States or of the District of Columbia, who shall intention- ally violate any provision of this Act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed One thousand dollars, or by im- prisonment for not more than six months, or by both such fine and imprisonment, in the discretion (Aug. 1, 1892, c. 352, § 2, 27 Stat. 340, amended, March 3, 1913, c. 106, 37 Stat. 726.) - § 8920. Existing contracts not affected—The provisions of this Act shall not be so construed as to in any manner apply to or affect contractors or sub- contractors, or to limit the hours of daily service of laborers or mechanics engaged upon a public Work of the United States or Of the District of Columbia, or persons employed to perform services similar to those of laborers and mechanics in Connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, for which contracts have been entered into prior to the passing of this Act Or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. (Aug. 1, 1892, c. 352, § 3, 27 Stat. 340, amended, March 3, 1913, c. 106, 37 Stat. 727.) . Ch. D) 3 8922a IABOR IPage 1453] § 8921. Public contracts to provide for eight- hour day; stipulation for penalty; inspectors to report violations; deduction of penalty; ap- peals; right of action in Court of Claims—Every contract hereafter made to which the United States, any Territory, or the District of Columbia is a par- ty, and every Such contract made for Or On behalf of the United States, or any Territory, or said District, which may require or involve the employment of la- bOrers Or mechanics shall contain a provision that no laborer or mechanic doing any part of the work con- templated by the contract, in the employ of the Con- tractor or any subcontractor contracting for any part Of said work contemplated, shall be required or per- mitted to Work more than eight hours in any one cal- endar day upon Such work; and every such contract shall Stipulate a penalty for each violation of such provision in such Contract of five dollars for each la- borer or mechanic for every calendar day in which he shall be required or permitted to labor more than eight hours upon said work ; and any officer or per- SOn designated as inspector of the work to be per- formed under any such contract, or to aid in enforc- ing the fulfillment thereof, shall, upon observation or investigation, forthwith report to the proper officer Of the United States, or of any Territory, or of the District of Columbia, all violations of the provisions Of this Act directed to be made in every such con- tract, together with the name of each laborer or me- Chanic Who has been required or permitted to labor in violation of such stipulation and the day of such Violation, and the amount of the penalties imposed aCCOrding to the stipulation in any such contract shall be directed to be withheld for the use and ben- efit of the United States, the District of Columbia, or the Territory contracting by the officer or person Whose duty it shall be to approve the payment of the moneys due under such contract, whether the vio- lation of the provisions of such contract is by the con- tractor Or any Subcontractor. Any contractor or sub- Contractor aggrieved by the withholding of any pen- alty as hereinbefore provided shall have the right Within six months thereafter to appeal to the head of the department making the Contract. On behalf of the United States Or the Territory, and in the case of a COntract made by the District Of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all Such appeals from such final Order whereby a con- tractor or subcontractor may be aggrieved by the im- position of the penalty hereinbefore provided such COntractor Or Subcontractor may within six months after decision by such head of a department or the Commissioners Of the District of Columbia file a claim in the Court of Claims, which shall have juris- diction to hear and decide the Imatter in like manner as in other cases before said court. (June 19, 1912, c. 174, § 1, 37 Stat. 137.) $ 8922. Same; contracts excepted; work in- cluded; waiver in time of war; when penalty not to be imposed; eight-hour law not affected— Nothing in this Act shall apply to contracts for trans- portation by land Or Water, Or for the transmission of intelligence, or for the purchase of supplies by the GOvernment, whether manufactured to conform to particular Specifications or not, or for such materials Or articles as may usually be bought in open market, except armor and armor plate, whether made to con- form to partičular specifications or not, or to the con- Struction Or repair of levees or revetments necessary for protection against floods or overflows On the nav- igable waters of the United States: Provided, That all classes of work which have been, are now, or may hereafter be performed by the Government shall, when done by Contract, by individuals, firms, or cor- porations for Or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and pro- \ visions of section one of this Act. The President, by Executive Order, may waive the provisions and stip- ulations in this Act as to any specific contract or con- tracts during time of war or a time when war is im- minent, and until January first, nineteen hundred and fifteen, as to any contract or contracts entered into in connection with the construction of the Isth- mian Canal. No penalties shall be imposed for any Violation. Of Such provision in such contract due to any extraordinary events or conditions of manufac- ture, Or to any emergency caused by fire, famine, or flood, by danger to life or to property, or by other extraordinary event or condition on account of which the President shall subsequently declare the violation to have been excusable. Nothing in this Act shall be construed to repeal or modify the Act entitled “An Act relating to the limitation of the hours of daily Service of laborers and mechanics employed upon the public Works of the United States and of the District Of Columbia” being chapter three hundred and fifty- tWO of the laws of the Fifty-second Congress, approv- ed August first, eighteen hundred and ninety-two, as modified by the Acts of Congress approved Febru- ary tWenty-Seventh, nineteen hundred and six, and June thirtieth, nineteen hundred and six, or apply to Contracts which have been or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. (June 19, 1912, c. 174, § 2, 37 Stat. 138.) Act. Feb. 27, 1906, c. 510, and Act June 30, 1906, c. 3912, may be found in 34 Stat. 33, 669. $ 8922a. Suspension of eight hour law in case of emergency; overtime pay—In case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hours labor in any one day of persons engaged upon work COVered by contracts with the United States: Pro- Vided further, That the wages of persons employed upon Such Contracts shall be computed on a basic day rate Of eight hours work, with overtime rates to be paid for at not ſess than time and one-half for all hours work in excess of eight hours. (March 4, 1917, c. 180, 39 Stat. 1192.) Chapter D–Compensation for Injuries to Employés of United States Compensation because of disability or death of members of Army Nurse Corps or Navy Nurse Corps, payable under the War Risk Insurance Act, is to be in lieu of any com- pensation payable under Act Sept. 7, 1916, c. 458, by Act Sept. 2, 1914, c. 293, § 13, as amended by Act Oct. 6, 1917, c. 105, § 2. See § 514ttt. Sec. 8923-8932. [Superseded.] e 8932a. Disability or death of employé; willful misconduct. 89.32aa. Time of accrual of right. 8932b. Total disability. 8932bb. Partial disability; affidavit. 8932c. Same; employee to seek other employment. tº 8932cc. Monthly compensation for total and for partial disa- bility; increase on basis of expectancy of productive capacity; decrease on account of age. 8932d. Person receiving not to be paid for other services; pensions. 8932dd. Employee having annual or sick leave to his credit. 8932e. Medical, surgical, and hospital service; transportation expenSeS. 8932ee. Compensation to heirs in case of death. 8932f. Payment to personal representative where death re- sults within 6 years; transportation of remains; burial expenses. 8932ff. Computation of monthly pay of employee. 8932g. Wage earning capacity. 8932gg. Payment of lump sum; determination of amount. 8932h. Notice of injury. 8932.hh. Same; requisites. 8932i. Same; failure to give. 8932ii. Written claim. 8932j. Same; form and requisites; waiver. 89325i. Time for making claims. 89.32k. Physical examinations; refusal to submit to. 8932kk. Same; disagreement between physicians. 8932). Same; physicians’ fees. 89.327. Report to commission as to injury. 8932m. Assignment of claim for compensation. 8932mm. Subrogation of United States to employee’s right of action; assignment by employee; disposition of moneys collected from person liable. 33 8923–8932 (Tit. 56.J LABOR [Page 1454] Sec. 8932n. Adjustment in case of receipt by employee of money or property in satisfaction of liability of third per- SOIl. United States Employees’ Compensation Commission. Same; other official bodies having discontinued; re- ports from other departments to; transfer of clerks and employees. 8932nn. 8932O. 893.200. Same; subpoenas for witnesses: 8932p. Same; assistants, clerks, and other employees; civil Sel"WICe. - 8932pp. Same; estimates of appropriations. 89324. Same; rules and regulations. 89324q. Same; reports. - 8932r. Employees’ commission fund. 8932rr. Findings and award by commission; payment of com- pensation. 8932s. Same; review. 8932ss. Same; cancellation; recovery of compensation paid. 8932t. Penalty for perjury. 8932tt. Terms defined. 8932u. Repeal of inconsistent acts; injuries occurring prior to passage of act; Company liable. 8932uu. Transfer of administration of act to other bodies; regulations as to payment; employees of Panama. Canal and of Alaskan Engineering Commission. §§ 8923-8932. [Superseded.] These sections consisted of Act May 30, 1908, c. 236, 35 Stat. , 556, Act March 11, 1912, c. 57, 37 Stat. 74, Act Feb. 24, 1909, c. 179, 35 Stat. 645, and a part of Act July 27, 1912, c. 255, § 2, 37 Stat. 239. Said Act May 30, 1908, c. 236, was an act entitled “An act granting to certain employés of the United States the right to receive from it compensation for injuries sustain- ed in the course of their employment.” - Said Act Feb. 24, 1909, c. 179, was an act entitled “An act relating to injured employés on the Isthmian Canal.” Said Act March 11, 1912, c. 57, was an act amendatory of said Act May 30, 1908, c. 236. Said provision of Act July 27, 1912, c. 255, § 2, was from an act entitled “An act to authorize additional aids to navigation in the Lighthouse Service, and for other pur- poses.” , - These acts were all superseded by Act Sept. 7, 1916, c. 458, 39 Stat. 742 (§§ 89.32a–8932uu), which was an act entitled “An act to provide compensation for employés of the United States suffering injuries while in the per- formance of their duties, and for other purposes.” § 893.2a. Inisability or death of employé; willful misconduct—The United States shall pay COmpensation as hereinafter Specified for the disabili- ty or death of an employee resulting from a personal injury Sustained while in the performance of his duty, but no compensation shall be paid if the injury Or death is caused by the willful misconduct of the em- ployee or by the employee’s intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. (Sept. 7, 1916, c. 458, § 1, 39 Stat. 742.) § 8932aa. Time of accrual of right—During the first three days of disability the employee shall not be entitled to compensation except as provided in section nine. No compensation shall at any time be paid for such period. (Sept. 7, 1916, c. 458, § 2, 39 Stat. 743.) ... • § 89.32p. Total disability—If the disability is total the United States shall pay to the disabled employee during Such disability a monthly Compensa- tion equal to sixty-six and two-thirds per centum of his monthly pay, except as hereinafter provided. (Sept. 7, 1916, c. 458, § 3, 39 Stat. 743.) - § 89.32%bb. Partial disability; affidavit—If the disability is partial the United States shall pay to the disabled employee during such disability a monthly Compensation equal to sixty-six and two-thirds per Centum Of the difference between his monthly pay and his monthly wage-earning capacity after the be- ginning of such partial disability. The commission Amay, from time to time, require a partially disabled employee to make an affidavit as to the wages Which he is then receiving. In such affidavit the employee shall include a statement of the value of housing, board, lodging, and other, advantages which are re- ceived from the employer as a part of his remunera- tion and which can be estimated in money. If the employee, when required, fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such fail- injuries for which Panama railroad ure shall be deducted from the period during which Compensation is payable to him. (Sept. 7, 1916, c. 458, § 4, 39 Stat. 743.) $ 8932c. Same; employee to seek other em- ployment—If a partially disabled employee refuses to Seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or se- cured for him, he shall not be entitled to any compen- sation. (Sept. 7, 1916, c. 458, § 5, 39 Stat. 743.) $ 8932cc. Monthly compensation for total and for partial disability; increase on basis of expectancy of productive capacity; decrease on account of age—The monthly COmpensation for total disability shall not be more than $66.67 nor less than $33.33, unless the employee's monthly pay is less than $33.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly Compensation for partial disability shall not be more than $66.67. In the case of persons who at the time Of the injury were minors or employed in a learner’s capacity and who were not physically or mentally de- fective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have in- creased, award compensation based on such probable monthly wage-earning capacity. The COmmission may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased On account of old age, award compensation based on such probable monthly wage-earning capacity. (Sept. 7, 1916, c. 458, § 6, 39 Stat. 743.) § 8932d. Person receiving not to be paid for other services; pensions—As long as the employee is in receipt of compensation under this Act, Or, if he has been paid a lump sum in commutation of install- ment payments, until the expiration of the period dur- ing which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except, pensions for service in the Army Or Navy of the United States. (Sept. 7, 1916, c. 458, § 7, 39 Stat. 743.) § 8932dd. Employee having annual or sick Ieave to his credit—If at the time the disability begins the employee has annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased. (Sept. 7, 1916, c. 458, § 8, 39 Stat. 743.) § 8932e. Medical, surgical, and hospital service; transportation expenses—Immediately aft- er an injury sustained by an employee while in the performance of his duty, whether or not disability has arisen, and for a reasonable time thereafter, the United States shall furnish to such employee rea- sonable medical, surgical, and hospital Services and supplies unless he refuses to accept them. Such Serv- ices and supplies shall be furnished by United States medical officers and hospitals, but where this is not practicable shall be furnished by private physicians and hospitals designated or approved by the Commis- sion and paid for from the employees’ compensation fund. If necessary for the securing of proper medi- cal, surgical, and hospital treatment, the employee, in the discretion of the commission, may be furnished transportation at the expense of the employees’ Com- pensation fund. (Sept. 7, 1916, c. 458, § 9, 39 Stat. 743. isoazes. Compensation to heirs in case of death—If death results from the injury Within Six years the United States shall pay to the following persons for the following periods a monthly compen- sation equal to the following percentages of the de- ceased employee's monthly pay, subject to the modifi- cation that no compensation shall be paid where flhe death takes place more than one year after the ceSSa- Ch. D) 3 8932g LABOR IPage 14551 tion of disability resulting from such injury, Or, if there has been no disability preceding death, more than one year after the injury: (A) To the widow, if there is no child, thirty-five per centum. This compensation shall be paid until her death or marriage. (B) To the widower, if there is no child, thirty- five per centum if wholly dependent for Support Up- on the deceased employee at the time of her death. This compensation shall be paid until his death Or marriage. (C) To the widow or widower, if there is a child, the compensatfon payable under clause (A) or Clause (B) and in addition thereto ten per centum for each Child, not to exceed a total of sixty-six and two-thirds per centum for such a widow or widower and children. If a child has a guardian other than the Surviving widow or widower, the compensation payable on a C- Count Of Such child shall be paid to Such guardian. The compensation payable on account of any child shall cease when he dies, marries, Or reaches the age of eighteen, or, if over eighteen, and incapable of self-support, becomes capable Of Self-support. (D) To the children, if there is no widow or wid- ower, twenty-five per centum for One child and ten per centum additional for each additional Child, not to exceed a total Of Sixty-Six and two-thirds per Cen- tum, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, be- Comes capable Of Self-support. The Compensation of a child under legal age shall be paid to its guardian. (E) To the parents, if one is wholly dependent for support upon the deceased employee at the time Of his death and the Other is not dependent to any ex- tent, twenty-five per centum ; if both are wholly de- pendent, twenty per centum to each; if one is or both are partly dependent, a proportionate amount in the discretion of the Commission. - - The above percentages shall be paid if there is no widow, widower, or child. If there is a widow, wid- OWer, Or Child, there shall be paid so much of the above percentages as, when added to the total per- centages payable to the widow, widower, and chil- dren, Will not exceed a total of sixty-six and two- thirds per centurn. - (F). To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for support at the time of his death, twenty per centum to such dependent; if more than One are wholly dependent, thirty per cen- tum, divided among Such dependents share and Share alike ; if there is no one of them wholly dependent, but One Or more partly dependent, ten per centum di- vided almOng Such dependents share and share alike. The above percentages Shall be paid if there is no widow, widower, child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above percentages as, when added to the total perCentage payable to the widow, widower, Children, and dependent par- ents, Will not exceed a total Of Sixty-six and two- thirds per centum. (G) The compensation of each beneficiary under clauses (E) and (F) shall be paid for a period of eight years from the time of the death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, Or, if a brother, sister, Or grandchild, dies, marries, or reaches the age of eight- een, or, if Over eighteen and in Capable Of Self-sup— port, becomes capable of self-support. The com- pensation of a brother, sister, or grandchild under legal age shall be paid to his Or her guardian. (H) As used in this section, the term “child” in- . cludes stepchildren, adopted children, and posthumous children, but does not include married children. The terms “brother” and “sister” include stepbrothers into account. and stepsisters, half brothers and half Sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. All Of the above terms and the term “grandchild” include Only per- sons who at the time of the death of the deceased employee are under eighteen years of age Or Over that age and incapable of self-support. The term “parent” includes stepparents and parents by adop- tion. The term “widow” includes only the decedent’s wife living with Or dependent for support upon him at the time Of his death. The term “widower” in- Cludes Only the decedent’s husband dependent for Support upon her at the time Of her death. The terms “adopted” and “adoption” as used in this clause include only legal adoption prior to the time Of the injury. (I) Upon the cessation of compensation under this Section to Or On account Of any person, the compen- sation. Of the remaining persons entitled to compen- Sation for the unexpired part of the period during Which their Compensation is payable shall be that Which such, persons would have received if they had been the Only persons entitled to compensation at the time Of the decedent’s death. (J) In case there are two or more classes of per- SOns entitled to Compensation under this Section and the apportionment of such compensation, above pro- vided, would result in injustice, the commission may, in its discretion, modify the apportionment to meet the requirements of the Case. (K) In Computing Compensation under this Section, the monthly pay shall be Considered not to be more than $100 nor less than $50, but the total monthly Compensation shall not exceed the monthly pay Com- puted as provided in Section twelve. (L) If any person entitled to compensation under this section, whose compensation by the terms Of this section ceases upon his marriage, accepts any pay- ments of Compensation after his marriage he shall be punished by a fine of not more than $2,000 or by im- prisonment for not more than One year, Or by both Such fine and imprisonment. 10, 39 Stat. 744.) $ 8932f. Payment to personal representative where death results within 6 years; transporta- tion of remains; burial expenses—If death results from the injury within six years the United States shall pay to the personal representative Of the de- Ceased employee burial expenses not to exceed $100, in , the discretion of the Commission. In the case of an employee whose home is within the United States, if his death occurs away from his home Office Or Out- side of the United States, and if so desired by his relatives, the body shall, in the discretion of the com- mission, be embalmed and transported in a hermeti- cally sealed Casket to the home of the employee. Such burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than One year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury. (Sept. 7, 1916, c. 458, § 11, 39 Stat. 745.) § 89.32ff. Computation of monthly pay of em- ployee—In computing the monthly pay the usual practice of the service in which the employee was em- ployed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but overtime pay shall not be taken (Sept. 7, 1916, c. 458, § 12, 39 Stat. 746.) § 8932g. Wage earning capacity—In the deter- mination of the employee’s monthly Wage-earning capacity after the beginning of partial disability, the value of housing, board, lodging, and other advan- tages which are received from his employer as a part of his remuneration and which can be estimated in money shall be taken into account. (Sept. 7, 1916, C. 458, § 13, 39 Stat. 746.) * (Sept. 7, 1916, c. 458, § 3 8932gg (Tit. 56.J. LABOR IPage 1456] § 8932gg. Payment of lump sum; determina- tion of amount—In cases of death or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or if the beneficiary is or is about to become a nonres- ident of the United States, or if the commission de- termines that it is for the best interests of the benefi- Ciary, the liability of the United States for compensa- tion to such beneficiary may be discharged by the pay- ment of a lump sum equal to the present value of all future payments of Compensation Computed at four per centum true discount Compounded annually. The probability of the beneficiary’s death before the ex- piration of the period during which he is entitled to COmpensation shall be determined according to the American Experience Table of Mortality ; but in case of compensation to the widow or widower of the de- Ceased employee, such lump sum shall not exceed sixty months' compensation. The probability of the happen- ing of any other contingency affecting the amount Or duration of the compensation shall be disregarded. (Sept. 7, 1916, c. 458, § 14, 39 Stat. 746.) § 8932h. Notice of injury—Every employee in- jured in the performance of his duty, Or SOme One on his behalf, shall, within forty-eight hours after the injury, give written notice thereof, to the imme- diate Superior of the employee. Such notice shall be given by delivering it personally or by depositing it properly stamped and addressed in the mail. (Sept. 7, 1916, c. 458, § 15, 39 Stat. 746.) § 8932.hh.. Same; requisites—The notice shall state the name and address of the employee, the year, month, day, and hour when and the particular local- ity where the injury occurred, and the cause and na- ture of the injury, and shall be signed by and Contain the address of the person giving the notice. (Sept. 7, 1916, c. 458, § 16, 39 Stat. 746.) § 8932i. Same; failure to give—Unless notice is given within the time specified or unless the imme- diate Superior has actual knowledge of the injury, no compensation shall be allowed, but for any reasonable Cause shown, the commission may allow Compensation if the notice is filed within One year after the injury. (Sept. 7, 1916, c. 458, § 17, 39 Stat. 746.) § 8932ii. Written claim—No compensation un- der this Act shall be allowed to any person, except as provided in section thirty-eight, unless he or SOme One On his behalf shall, within the time specified in Sec- tion twenty, make a written claim therefor. Such Claim shall be made by delivering it at the Office Of the commission or to any commissioner or to any per- son whom the Commission may by regulation designate, or by depositing it in the mail properly Stanmped and addressed to the Commission Or to any perSOn Whom the commission may by regulation designate. (Sept. 7, 1916, c. 458, § 18, 39 Stat. 746.) $ 8932.j. Same; form and requisites; waiver —Every claim shall be made on forms to be furnished by the commission and shall contain all the informa- tion required by the commission. Each claim shall be Sworn to by the person entitled to Compensation or by the person acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee's physician stating the nature of the injury and the nature and probable extent of the disability. For any reasonable cause shown the commission may waive the provisions of this section. (Sept. 7, 1916, c. 458, § 19, 39 Stat. 746.) - § 8932.jj. Time for making claims—All origi- nal claims for compensation for disability Shall be made within sixty days after the injury. All Origi- nal claims for Compensation for death shall be made within one year after the death. For any reasonable cause shown the commission may allow original claims for compensation for disability to be made at any time within one year. (Sept. 7, 1916, c. 458, § 20, 39. Stat. 747.) - § 8932k. Physical examinations; refusal to submit to—After the injury the employee shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the Commission. The employee may have a duly quali- fied physician designated and paid by him present to participate in Such examination. For all examina- tions after the first the employee shall, in the discre- tion of the Commission, be paid his reasonable travel- ing and other expenses and loss of wages incurred in Order to submit to such examination. If the employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under this Act shall be suspended until such refusal Or obstruction ceases. No compensation shall be pay- able while such refusal or obstruction continues, and the period of Such refusal or obstruction shall be de- ducted from the period for which compensation is payable to him. (Sept. 7, 1916, c. 458, § 21, 39 Stat. 747.) $ 89.32kk. Same; disagreement between phy- sicians—In Case of any disagreement between the physician making an examination on the part of the |United States and the employee's physician the com- mission shall appoint a third physician, duly qualified, who shall make an examination. (Sept. 7, 1916, c. 458, § 22, 39 Stat. 747.) & § 8932b. Same; physicians’ fees—Fees for exami- nations made On the part of the United States under Sections twenty-one and twenty-two by physicians who are not already in the Service of the United States shall be fixed by the Commission. Such fees, and any Sum payable to the employee under Section twenty-One, shall be paid out of the appropriation for the work of the commission. (Sept. 7, 1916, c. 458, § 23, 39 Stat. 747.) § 8932\l. Report to commission as to injury- Immediately after an injury to an employee resulting in his death or in his probable disability, his imme- diate superior shall make a report to the Commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commission may require. (Sept. 7, 1916, c. 458, § 24, 39 Stat. 747.) º $ 8932m. Assignment of claim for compensa- tion—Any assignment of a claim for compensation under this Act shall be void and all compensation and claims therefor shall be exempt from all Claims of creditors. (Sept. 7, 1916, c. 458, § 25, 39 Stat. 747.) § 8932mm. Subrogation of United States to employee’s right of action; assignment by em- ployee; disposition of moneys collected from per- son liable—If an injury or death for Which Compen- sation is payable under this Act is caused under Cir- cumstances creating a legal liability upon SOme per- Son other than the United States to pay damageS therefor, the commission may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of Such other per- son or any right which he may have to share in any money or other property received in Satisfaction Of such liability of such other person, or the commissiºn may require said beneficiary to prosecute Said action in his OWn name. | If the beneficiary shall refuse to make Such assign- ment or to prosecute said action in his Own name when required by the Commission, he shall not be entitled to any compensation under this Act. - The cause of action when assigned to the United States may be prosecuted Or Compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner: After deducting the amount of any Compensation already paid to the beneficiary and the expense of such realiza- tion Or Collection, which Sum Shall be placed to the credit of the employees’ compensation fund, the sur- plus, if any, shall be paid to the beneficiary and credit- Ch. D) 3 8932s TABOR [Page 1457] ed upon any future payments of compensation pay- able to him on account of the same injury. (Sept. 7, 1916, c. 458, § 26, 39 Stat. 747.) - $ 893.2n. Adjustment in case of receipt by employee of moxley or property in satisfaction of liability of third person—If an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in Some person other than the United States to pay damages therefor, and a beneficiary entitled to com- pensation from the United States for such injury or death receives, as a result of a suit brought by him Or On his behalf, or as a result of a settlement made by him or On his behalf, any money or other property in Satisfaction of the liability of such other person, Such beneficiary shall, after deducting the costs of Suit and a reasonable attorney’s fee, apply the mon- ey Or other property so received in the following man- IłęI (A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount Of Compensation which has been paid by the United States and credit any surplus upon future pay- ments Of Compensation payable to him. On account Of the Same injury. Any amount SO refunded to the United States shall be placed to the Credit of the em- ployees’ COmpensation fund. - (B) If no compensation has been paid to him by the |United States, he shall credit the money or other property SO received upon any compensation payable to him by the United States On account of the same injury. (Sept. 7, 1916, c. 458, § 27, 39 Stat. 747.) $ 8932nn. United States Employees’ Compen- sation Commission—A commission is hereby created, to be known as the United States Employees’ Com- pensation Commission, and to be composed of three Commissioners appointed by the President, by and With the advice and Consent Of the Senate, one of whom shall be designated by the President as chair- man. No Commissioner shall hold any other Office Or position under the United States. No more than two Of Said Commissioners shall be members of the same political party. One Of Said Commissioners shall be appointed for a term. Of two years, one for a term of four years, and One for a term of six years, and at the expiration of each of said terms, the Commissioner then appointed shall be appointed for a period of six years. Each Commissioner shall receive a salary Of $4,000 a year. The principal office of said commis- Sion shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said Com- mission, subject to the restrictions and limitations of this Act. (Sept. 7, 1916, c. 458, § 28, 39 Stat. 748.) § 893.20. Same; other official bodies discon- tinued; reports from other departments to; transfer of clerks and employees—Upon the Organ- ization of said commission and notification to the heads Of all executive departments that the COmmis- sion is ready to take up the work devolved upon it by this Act, all commissions and independent bureaus, by or in which payments for Compensation are now provided, together with the adjustment and settlement Of Such claims, shall cease and determine, and Such executive departments, commissions, and independ- ent bureaus shall transfer all pending claims to said Commission to be administered by it. The said Com- mission may obtain, in all cases, in addition to the reports provided in section twenty-four, such informa- tion and Such reports from employees Of the depart- ments as may be agreed upon by the commission and the heads Of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, Commissions, and independent bureaus, shall be transferred to, and become employees of, the com- COMP.ST.’18—92 mission at their present grades and salaries. (Sept. 7, 1916, c. 458, § 28a, 39 Stat. 748.) See § 8932uu. - $ 893.200. Same; subpoenas for witnesses—The COmmission, Or any commissioner by authority of the COmmission, Shall have power to issue subpoenas for and COmpel the attendance of witnesses within a radius of one hundred miles, to require the produc- tion of books, papers, documents, and other evidence, to administer Oaths, and to examine witnesses, upon any matter Within the jurisdiction of the commission. (Sept. 7, 1916, c. 458, § 29, 39 Stat. 748.) $ 8932p. Same; assistants, clerks, and other employees; civil service—The commission shall have Such assistants, Clerks, and other employees as may be from time to time provided by Congress. They Shall be appointed from lists of eligibles to be sup- plied by the Civil Service Commission, and in ac- Cordance with the civil-service law. (Sept. 7, 1916, c. 458, § 30, 39 Stat. 748.) See §§ 3271–3287. $ 89.32pp. Same; estimates of appropriations —The COImmission shall submit annually to the Secre- tary Of the Treasury estimates of the appropriations necessary for the work of the commission. (Sept. 7, 1916, c. 458, § 31, 39 Stat. 749.) § 89.324. Same; rules Commission is authorized to make necessary rules and regulations for the enforcement of this Act, and shalſ; decide all questions arising under this Act. (Sept. 7, 1916, c. 458, § 32, 39 Stat. 749.) § 89.3249. Same; reports—The commission shall make to Congress at the beginning of each regular Session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing re- Ceipts of and expenditures from the employees’ com- pensation fund, and its recommendations for legisla- tion. (Sept. 7, 1916, c. 458, § 33, 39 Stat. 749.) § 89.32r. Employees’ commission fund—There is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund in the Treasury, to be known as the employees’ Com- pensation fund. To this fund there shall be added Such sums as Congress may from time to time appro- priate for the purpose. Such fund, including all ad- ditions that may be made to it, is hereby authorized to be permanently appropriated for the payment Of the compensation provided by this Act, including the medical, surgical, and hospital services and Supplies provided by section nine, and the transportation and burial expenses provided by sections nine and eleven. The Commission shall submit annually to the Secre- tary Of the Treasury estimates of the appropriations necessary for the maintenance of the fund. (Sept. 7, 1916, c. 458, § 35, 39 Stat. 749.) $ 8932rr. Findings and award by commission; payment of compensation—The Commission, upon consideration of the claim presented by the benefi- Ciary, and the report furnished by the immediate su- perior and the Completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for Or against payment of the compensation provided for in this Act. Compensation. When awarded shall be paid from the employees’ Compensation fund. (Sept. 7, 1916, c. 458, § 36, 39 Stat. 749.) § 8932s. Same; review—If the original Ólaim for Compensation has been made within the time specified in section twenty, the Commission may, at any time, on its own motion or on application, to review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the com- pensation previously awarded, or, if compensation has been refused or discontinued, award compensa- tion. (Sept. 7, 1916, c. 458, § 37, 39 Stat. 749.) and regulations—The ź 8932ss (Tit. 56.J LABOR. [Page 14581 § 8932ss. Sayme; cancellation; recovery of compensation paid–If any compensation is paid tin- der a mistake of law or of fact, the commission shall immediately cancel any award under which such Com- pensation has been paid and shall recover, as far as practicable, any amount which has been SO paid. Any amount so recovered shall be placed to the Credit of the employees’ compensation fund. (Sept. 7, 1916, c. 458, § 38, 39 Stat. 749.) § 8932t. Penalty for perjury—Whoever makes, in any affidavit required under section four or in any claim for Compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, Or by both such fine and imprisonment. (Sept. 7, 1916, C. 458, § 39, 39 Stat. 749.) § 8932tt. Terms defined—Wherever used in this Act— The singular includes the plural and the masculine includes the feminine. The term “employee” includes all civil employees of the United States and of the Panama Railroad Com- pany. The term “commission” shall be taken to refer to the United States Employees’ Compensation Commis- Sion provided for in section twenty-eight. The term “physician” includes Surgeons. The term “monthly pay” shall be taken to refer to the monthly pay at the time of the injury. (Sept. 7, 1916, c. 458, § 40, 39 Stat. 750.) See § 10041. § 8932u. Repeal of inconsistent acts; injuries occurring prior to passage of act; injuries for which Panama railroad company liable—All Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, however, That for in- juries occurring prior to the passage of this Act Com- pensation shall be paid under the law in force at the time of the passage of this Act: And provided fur- ther, That if an injury or death for which compensa- tion is payable under this Act is Caused under Cir- cumstances creating a legal liability in the Panama Railroad Company to pay damages therefor under the laws of any State, Territory, or possession of the TInited States or of the District of Columbia or of any foreign country, no compensation shall be payable until the person entitled to compensation releases to the Panama Railroad Company any right of action which he may have to enforce such liability of the T'anama Railroad Company, or until he assigns to the in any money or other property received in Satisfac- tion of such liability of the Panama Railroad Com- pany. (Sept. 7, 1916, c. 458, § 41, 39 Stat. 750.) See § 10041. § 8932uu. Transfer of administration of act to other bodies; regulations as to payment; em- ployees of Panama Canal and of Alaskan Engi- neering Commission—The President may, from time to time, transfer the administration of this Act so far as employees of the Panama Canal and of the Panama Railroad Company are concerned to the governor of the Panama Canal, and So far as em- ployees Of the Alaskan Engineering Commission are concerned to the chairman of that Commission, in which cases the words “commission” and “its” wher- ever they appear in this Act shall, so far as necessary to give effect to such transfer, be read “governor Of the Panama Canal” or “chairman of the Alaskan En- gineering Commission,” as the Case may be, and “his”; and the expenses of medical examinations under Sec- tions twenty-One and twenty-two, and the reason- able traveling and Other expenses and loss Of Wages payable to employees under section twenty-One, shall be paid out of appropriations for the Panama Canal or for the Alaskan Engineering Commission or out of funds of the Panama Railroad, as the case may be, instead Of Out of the appropriation for the Work Of the COmmission. In the Case of Compensation to employees of the Panama Canal Or Of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the governor of the Panama Canal to waive, at his discretion, the making of the claim required by Section eighteen. In the Case Of alien employees of the Panama Canal or of the Panama Railroad Company, or of any class or classes of them, the President may remove or modify the minimum limit established by Section six on the monthly COmpensation for disability and the mini- mum limit established by clause (K) of section ten on the monthly pay on which death Compensation is to be computed. The President may authorize the gov- ernor Of the Panama Canal and the Chairman Of the Alaskan Engineering Commission to pay the com- pensation provided by this Act, including the medi- Cal, surgical, and hospital services and supplies pro- vided by section nine and the transportation and burial expenses proVided by Sections nine and eleven, out of the appropriations for the Panama Canal and for the Alaskan Engineering Commission, Such ap- propriations to be reimbursed for such payments by the transfer of funds from the employees’ compen- United States any right which he may have to share i sation fund. (Sept. 7, 1916, c. 458, § 42, 39 Stat. 750.) TITLE LVII—PENSIONS Sec. 8933. 8934. 8935. 8936. 8937. 8938. 8939. 8940. 8941. 8942. 8943. 8944. 8945. 8946. 8947. 8948. 8949. 8950. 8951. 89.52. 8953 8965. 8966. 8967. 8968. 8969. 8970. 8971. 8972. 8954. 8955. 8956. 8957. 8958. 8959. 8960. 8961. 8962. 8963. 8964. Who may have. Classes enumerated. (1) Officers of Army and Navy, and enlisted men. (2) Masters serving on gunboat. (3) Volunteers, not enlisted. (4) Acting assistant surgeon. (5) Provost-marshal. Officers or men in Revenue-Cutter Service. Proviso in laws removing disabilities from defective records, not to prevent granting on application. Invalid pensions to disabled soldiers and sailors. Same; holding pension; penalty. • Invalid . pensions to disabled soldiers and sailors and their widows and children; who may have. Honorable discharge from last contract of service dur- ing civil war; effect on right to pension. Date of pension on application after rejection of claim. wº received or diseases contracted only in line of uty. Applicants presumed not disabled at time of enlistment. Rates for total disability. Lieutenant-commanders. According to rank. Permanent specific disability prior to June 4, 1872. Same; after June 4, 1872. Same; age of 62 and over considered such a disability. Total disability. - Increase; for permanent disability. Same; for total helplessness. - Disability requiring frequent and periodical attendance. Loss of one hand and one foot. Loss of both hands, or both feet, or both eyes. Same. Increase for loss of both hands. Loss of both eyes or total blindness. Loss of hand, foot, arm, or leg. Increase; loss of hand, foot, arm, or leg. Same; loss of hand, foot, arm, or leg, or both feet. Partial deafness. Deafness. - Persons in civil war or war with Mexico, reaching age of 62; rates; receiving or claiming pensions under other laws. Same; rank not considered. Same; compensation for prosecuting claims. Service pensions extended to persons entitled under oth- er acts. Service pensions and ratings; Same; rank not considered. Same; compensation for prosecuting claims for pen- SiOnS. Same; pensioners included. - Same; record; increase with advancing age; gation of age. permanent disability. investi- 897.2a. Rate of pension for persons serving 90 days or more. 8973. 8974. 8975. 8976. 8977. 8978. 8979. 8980. 8981. Increase. Lisability not otherwise provided for. Absentees. Period of Service. Widows or children under sixteen. * Presumption of death after seven years’ unexplained absence. * Increase to widows. Additional increase to widows, children, and dependent relatives. Same; claim agents not to receive compensation. 8981a. Widows of Officers and enlisted men who served in Civil War, War with Mexico and War of 1812. 8981b. Same; widows dropped from roll on account of re- 8981c. marriage to be restored on termination of relation; effect of payment to helpless and idiotic child; wid- ows deprived of pension under Act March 3, 1865, on remarriage. - Same; widows described in Act April 19, 1908, c. 147, § 2, marrying soldier or sailor prior to June 27, 1905; ef- fect of grant of pension to helpless or idiotic child. 8981d. Same; claim agents or attorneys not recognized under section 1; limitation of fees under Section 2. 89816. Rate to widows of officers or enlisted men of Army, - serving in Civil War; pension laws not affected. 8982. Dependent widows and children. 8983. Widows and children; additional increase. 8984. Same; soldiers and sailors who served in civil War, without proof death was result; pensionable status of husbands, if living, under previous provisions. 8985. Same; claim agents and attorneys not recognized as to certain claims and fees as to others limited. 8986. Additional pension by special act on account of helpless child not to affect rate to widow. 8986a. Double pension in cases of death or disability as result of aviation accident. 8987. What children deemed legitimate. 8988. Widows of colored and Indian soldiers. 8989. Proof of marriage; adulterous cohabitation terminating penSłon. 8990. Abandonment by Widow. fees of attorneys for prosecuting claims; with- Sec. 8991. 8992. 8993. 8994. 8995. 8996. 3038. 9039. w [Page 1459] Succession of dependent relatives. Dependent parents. wº remarriage of; restoration on renewed widow- hood. - Same; widows entitled who failed to draw pension by reason of remarriage. Same; compensation of claim agents. Commencement Of. When pension, accrues. Widows' pensions to date from death of husband. Arrears. Provisions of laws extended. Commencement; for prior Wars. Same; for war of rebellion under general laws. Arrears; regulations for payment. Same; rate. - I - Same; disposition of balance of appropriation for. º Declarations of claimants; before whom made; certifi- cate of official character. Same; in foreign countries; Same; curing defects. Affidavits and declarations in pension or bounty cases, claims for back pay or arrears or increase of pension, or quarterly vouchers. - & Certification of official character and signature of offi- cer taking declaration or affidavit. One pension at a time. [Repealed.] - Law prohibiting to persons aiding rebellion; cable to persons afterward enlisting. Same; not applicable to claims of dependent parents Of soldiers in war with - Spain. Accrued pensions. Same; reimbursement of expenses incurred by State. Settlement of claims for reimbursement of last sickness and burial of deceased pensioners. Unclaimed pensions. Special acts. Same; pensioners under entitled to benefits of general law S. Same; pensioners under not entitled under general law unless special act states pension to be additional. Indian claims. IProvisions extended to Missouri State militia. Invalid law extended to Missouri militia. Colored soldiers enrolled as “slaves.” Allowance to persons in Army, Navy, or Marine Corps. Half-pay to widows under laws prior to June 3, 1858. Same; to widow for life, and to children. Same; half-monthly pay not to exceed that of lieuten- ant-colonel. *- Navy pensions. Same; engineer Officers. Same; widows and children. Pensions allowed before July 25, 1866, not reduced by subsequent acts; reduced pensions restored. Soldiers of Mexican War. Same; widows and children. Same; soldiers and their widows. Indians. not appli- Same; rate. Same; proof required; perjury; striking names from roll.S. Same; previous laws made applicable. Same; persons in rebellion not excluded. - Same; persons under political disabilities excluded. Same; increase. Same; extension of increase. Same; additional increase. - Same; Powell’s Battalion, Missouri mounted volunteers. Same;. Gray’s Battalion, Arkansas Volunteers. Widows and children of pensioners of War of 1812 and Indian Wars. Continuance. Withholding. Same; notice and hearing. Time for which a widow shall not receive pension. Soldiers and sailors of war of 1812 and Widows. Same; rate. Same; proof required; perjury; striking names from rolls; loss of certificate of discharge. “ - Same; applications previously made to be considered. Restoration of pensioners stricken from rolls for aiding rebellion. Widows of pensioners stricken from rolls. Officers and men of Indian Wars and Widows. Same; rate and duration. Same; proof required;. perjury; striking names from rolls; loss of certificate of discharge. Same; persons excluded. Same; laws applicable. Same; loyalty in civil War. Same; residence of pensioners; proof of citizenship. Same; extension; proof of enlistment; widows; re- marriage; agreements for fees. Same; extension to Texas volunteers who served in de- fense of frontier against Mexicans and Indians; wid- ows; proof of enlistment or muster; contracts with attorneys and claim agents. 3 8933 PENSIONS (Tit. 57 [Page 1460 I Sec. 9067. Same; increase. 9067a. Same; extension to Texas volunteers who served in defense of frontier against Indians; widows; proof of enlistment or muster; contracts with attorneys and claim agents. 9067b. Same; period of service. 9067c. Same; loyalty in Civil War. 9068. Officers and seamen of revenue-cutters. 9069. Claims for Revolutionary pensions prohibited. 9070. Army nurses. 9071. Same; compensation of claim agents. 9072. Minimum rate. f 9073. Investigating frauds; special service. 9074. Same; compensation. 9075. Same; subpoena, to witnesses; witnesses’ fees. 9076. Same; special examiners authorized to administer oaths. 9077. Pledge or transfer of pension; penalty; retaining pen- Sion certificate. 9078. Claim agent withholding discharge papers. . 9079. False affidavit and postdating vouchers; false certificate to VOuchers. 9080. Attachment. 9081. Printed instructions furnished free. 9082. Deserters. 9083. Navy pension-fund; trustee. 9084. Same; prize-money. - 9085. Same; investment. 9086. Same; rate of interest. 9087. Same; pensions payable from. 9088. Navy or Marine Corps; half-rating to disabled enlisted persons serving twenty years. 9089. Same; serving not less than ten years. 9090. Privateer pension-fund. 9091. Same; how derived. 9092. Same; payment into Treasury. 9093. Privateersmen placed on pension-list. 9094. Commanding officers of privateers to enter names in journal. 9095. Same; transcript transmitted to Secretary of Navy. 9096. Payment to persons entitled only. $3 90.97. Same; non-residents; power of attorney. e 9098. Same; inmates of state soldiers’ and sailors’ homes. 9099. Examination of pensioners; legal-tender currency held for redemption of fractional currency issued in pay- ment Of arrears. 9100. Boards of examining surgeons; reviewing boards; ex- aminations; fees; expert Surgeons; fees for exam- ination of non-residents. 9101. Same; fees; reports; special examiners’ reports. 9101a. Same; fees. 9102. Same; report; inspection: 9103. Special examinations. - 9104. Same; report of examiners; inspection. 9105. Medical referee and examining surgeons. 9106. Appointment of civil examining surgeons. 9107. Payment; groups for quarterly payments; fractional payments. 9108. sº checks without vouchers; delivery or return of Iſlali. 9109. Same; forgery of indorsement of checks. 91.10. Same; inmates of the National Home for Disabled Vol- unteer Soldiers. 9111. Embezzlement by guardian. 9112. Compensation of agent or attorney. 9113. Same; prosecuting claims for arrears. 9114. Same; demanding more than legal fee. 9115. Same; agreement for fee filed; fee in case of failure to file; form; amount deducted from, fee. 9116. Same; certificates, with contract for fees, to be for- warded to agent; fees deducted and paid. 9117. Same; commissioner may reject contract for fees. 9118. Same; fee for increase and in claims under special w acts; taking illegal fee; pending contracts. 9119. Same; for procuring pension legislation. 9120. Artificial limbs; furnished every throe years. Same; commutation rates in money value for limb. Same; how money Commutation paid. 9123. Same; money commutation to those who cannot use , limb. - 9124. Same; payment of money commutation; fee to agent or attorney. • 9125. Same; transportation for persons to whom limbs are furnished. 9126. Same; when and how furnished or commuted. 9127. Same; transportation for fitting. § 8933. Who may have—Every person specified in the Several Classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-One, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, acéording to such forms and regulations as are or may be provided in pursuance Of law, be placed on the list of invalid pensioners Of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability ; and Such pension shall Commence as hereinafter pro- Vided, and continue during the existence of the dis- ability. (R. S. § 4692.) - - $ 8934. Classes enumerated—The persons en- titled as beneficiaries under the preceding section are as follows: (1) Officers of Army and Navy, and enlisted In en—First. Any officer of the Army, including regu- . lars, volunteers, and militia, or any officer in the Navy or Marine Corps, or any enlisted man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regu- larly mustered or not, disabled by reason of any WOund Or injury received, Or disease contracted, while in the Service of the United States and in the line of duty. - (2) Master serving on gun-boat–Second. Any master Serving on a gun-boat, or any pilot, engineer, Sailor, or other person not regularly mustered, serv- ing upon any gun-boat or War vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. (3) Volunteers, not enlisted—Third. Any per- son not an enlisted Soldier in the Army, Serving for the time being as a member of the militia of any State, under orders of an Officer of the United States, or who volunteered for the time being to serve with any regularly Organized military or naval force Of the United States, or Who Otherwise Volunteered and rendered service in any engagement with rebels Or Indians, disabled in Consequence of wounds or injury received in the line of duty in such temporary Serv- ice. But no claim of a State militiaman, or non- enlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy- four. (4) Acting assistant surgeon—Fourth. Any act- ing assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. - (5) Provost-marshal—Fifth. Any provost-mar- shal, deputy provost-marshal, or enrolling-officer dis- abled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. (R. S. § 4693.) See §§ 1881b, 1892c, 1941a–1941e. § 8935. Officers or men in Revenue-Cutter Service–Hereafter no pension shall be allowed Or paid to any commissioned officer, warrant officer, or enlisted man in the Revenue-Cutter Service either On the active or retired list. (May 27, 1908, c. 200, § 1, 35 Stat. 322.) See §§ 8459% (3), 8542, 8543. § 8936. Proviso in laws removing disabilities from defective records, not to prevent granting on application—In all laws approved during the Six- ty-first Congress having for their object the removal of disabilities accruing from defective records in the military or naval service of the United States, the words “Provided, That, other than as above set forth, no bounty, pay, pension, or other emolument shall a C- crue prior to or by reason of the passage of this Act” shall not prohibit or prevent the granting of a pension on an application made after the approval of this Act, and accruing only from the date of Said application. (Feb. 27, 1911, No. 13, 36 Stat. 1458.) § 8937. Invalid pensions to disabled soldiers and sailors—All persons who served ninety days or more in the military or naval service of the United Tit. 57) ź 8943 PENSIONS IPage 1461] States during the late war of the rebellion and Who have been honorably discharged therefrom, and Who are now or who may hereafter be suffering from any mental or physical disability or disabilities of a per- manent character, not the result of their OWn Vicious Habits, which so incapacitates them from the per- formance of manual labor as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not ex- ceeding twelve dollars per month and not less than six dollars per month, proportioned to the degree Of inability to earn a support; and in determining Such inability each and every infirmity shall be duly Con- sidered, and the aggregate of the disabilities shown be rated, and such pension shall commence from the date of the filing of the application in the Bureau of Pensions, after the passage of this Act, upon proof that the disability or disabilities then existed, and shall Continue during the existence Of the same: Pro- vided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves – entitled—theretO, re-— ceive the benefits of this Act; and nothing herein COntained Shall be SO COnstrued as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or spe- cial Act: Provided, however, That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this Act. (June 27, 1890, c. 634, § 2, 26 Stat. 182, amended, May 9, 1900, c. 385, 31 Stat. 170.) See §§ 8939, 8941, 8968, 9024. § 8938. Same; fees of attorneys for prosecut- ing claims; withholding pension; penalty–NO agent, attorney, or other person engaged in prepar- ing, presenting, or prosecuting any claim under the provisions of this act shall, directly or indirectly, Con- tract for, demand, receive, or retain for such serv- ices in preparing, presenting, or prosecuting such Claim a sum greater than ten dollars, which Sum shall be payable only upon the Order of the Commissioner Of Pensions, by the pension agent making, payment Of the pension allowed, and any person who shall Violate any of the provisions of this section, Or who shall wrongfully withhold from a pensioner or claim- ant the whole or any part of a pension or claim al- lowed or due such pensioner or claimant under this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof slıall, for each and every such offence, be fined not exceeding five hundred dol- lars, or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the Court. (June 27, 1890, c. 634, § 4, 26 Stat. 183.) § 8939. Invalid pensions to disabled soldiers and sailors and their widows and children; who may have—The Act approved June twenty-seventh, eighteen hundred and ninety, entitled “An Act grant- ing pensions to soldiers and sailors who are incapaci- tated for the performance of manual labor, and pro- viding for pensions to widows, minor children, and dependent parents,” is construed and held to include all persons and the Widows and minor Children. Of all deceased persons, Subject to the limitations Of Said Act, who served for ninety days in the military or naval service of the United States during the late War Of the rebellion, and who have been honorably discharged therefrom, and section forty-seven hun- dred and sixteen, Revised Statutes United States, is amended accordingly: Provided, however, That the foregoing shall not apply to those who served in the First, Second, Third, Fourth, Fifth, and Sixth regi- ments United States Volunteer Infantry who had a , $ 8941. i prior Service in the Confederate army or navy and Who enlisted in said regiments while confined as pris- Oners Of War under a stipulation that they were not to be pensionable under the laws of the United States, nor to those who, having had such prior service, en- listed in the military or naval Service Of the United States after the first day of January, eighteen hun- dred and sixty-five. (July 1, 1902, No. 42, § 1, 32 Stat. 750.) Act June 27, 1890, c. 634, is §§ 8937, 8982, 8992; S. § 4716, is § 9012. $ 8940. Honorable discharge from last con- tract of service during civil war; effect on right to pension–In the administration. Of the pension laws any enlisted man Or COImmissioned Officer Of the Army, including regulars, volunteers, and militia, Or any appointed Or enlisted man or commissioned Of- ficer Of the Navy or Marine Corps, who was honora- bly discharged from any subsequent contract of serv- ice entered into by him during the late war of the rebellion, Shall be held and considered to have been honorably discharged from all previous contracts of Service as COmmissioned officer or enlisted man pre- Viously entered into by him with the United States during Said War: Provided, That such enlisted or appointed man or commissioned officer served not less than Six months under any subsequent enlist- ment, appointment, or commission; that his entire Service under any said subsequent enlistment, ap- pointment, Or Commission was faithful, and that he did not receive by reason of said enlistment, appoint- ment, Or Commission any bounty or gratuity other than from the United States in excess of that to Which he would have been entitled if he had contin- ued to serve faithfully until honorably discharged under any contract of service previously entered into by him, either in the Army, Navy, or Marine Corps, during the war of the rebellion. (July 1, 1902, No. 42, § 2, 32 Stat. 750, amended, June 28, 1906, No. 39, 34 Stat. 836.) Date of pension on application after rejection of claim—Whenever a claim for pension under the Act of June twenty-seventh, eighteen hun- dred and ninety, has been, or shall hereafter be, re- jected, SUISpended, Or Clismissed, and a new applica- tion Shall have been, Or shall hereafter be, filed, and a pension has been, Or shall hereafter be, allowed in Such claim, Such pension shall date from the time of filing the first application, provided the evidence in the case shall show a pensionable disability to have existed, Or to exist, at the time of filing such first application, anything in any law or ruling Of the De- partment to the contrary notwithstanding. (March 6, 1896, c. 46, 29 Stat. 45.) Act June 27, 1890, c. 634, is §§ 8937, 8982, 8992. § 8942. Wounds received or diseases contract- ed only in line of duty—No person shall be entitled to a pension by reason of wounds or injury received Or disease COntracted in the Service Of the United States Subsequent to the twenty-Seventh day Of July, eighteen hundred and Sixty-eight, unless the person Who Was WOUInded, Or injured, Or Contracted the dis- ease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, Or at Some post, fort, or garrison, Or en rollte, by direction of Competent, authority to some post, fort, or garrison ; Or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at Sea Or in har- bor, actually in Commission, or was at some naval station, or on his Way, by direction of Competent au- thority, to the United States, or to some other ves- sel or naval Station, Or hospital. (R. S. § 4694.) § 8943. Applicants presumed not disabled at time of enlistment—All applicants for pensions Shall be presumed to have had no disability at the time of enlistment; but such presumption may be rebutted. (March 3, 1885, c. 340, 23 Stat. 362.) and R. # 8944 (Tit. 57 PENSIONS IPage 14621 § 8944. Rates for total disability—The pension for total disability shall be as follows, namely: , For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, Commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant command- ing and master commanding, in the naval Service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and proVOSt- marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month ; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract Surgeon, and depu- ty provost-marshal, seventeen dollars per month ; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling-officer, fifteen dollars per month ; for cadet-midshipman, passed midshipman, midshipmen, clerks of admirals and pay- Imasters and of other officers Commanding Vessels, Sec- ond and third assistant engineer, master's mate, and all warrant-officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; shall be entitled to receive the pension allowed herein to those of like rank in the naval Service. (R. S. § 4695.) - - - § 8945. Iieutenant-commanders — From and after July sixteenth, eighteen hundred and sixty-two pensions granted to lieutenant-commanders in the Wavy for disability, or on account of their death, shall be the same as theretofore provided for lieu- tenants-commanding. (June 18, 1878, c. 268, 20 Stat. 166.) § 8946. According to rank—Every commission- ed officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section, for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension ; and any Commission Or presidential appointment, regularly issued to Such person, shall be taken to determine his rank from and after the date, as given in the body of the COm- mission or appointment conferring said rank: Pro- vided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not dis- abled for military duty; and that he did not will- fully neglect or refuse to be mustered. (R. S. § 4696.) § 8947. Permanent specific disability prior to June 4, 1872–For the period commencing July fourth, eighteen hundred and sixty-four, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who shall have lost both feet in the mili- tary or naval service and in the line of duty, shall be entitled to a pension of twenty dollars per month ; for the same period those persons who, under like Cir- cumstances, shall have lost both hands Or the Sight of both eyes, shall be entitled to a pension of twenty- five dollars per month; and for the period Commence ing March third, eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot, shall be entitled to a pension of twenty dollars per month ; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like cir- cumstances shall have lost One hand Or one foot, shall be entitled to a pension of fifteen dollars per and the masters, pilots, engineers, sail- ors, and crews upon the gun-boats and war-Vessels & dollars per month ; (March 4, 1907, c. 2920, 34 Stat. 1406.) month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those per- Sons entitled to a less pension than hereinafter men- tioned, who by reason of injury received or disease contracted in the military or naval service of the TJnited States and in the line of duty, shall have been permanently and totally disabled in both hands, Or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently disabled as to render them utterly helpless, or so nearly so as to re- quire regular personal aid and attendance of another person, shall be entitled to a pension of twenty-five and for the same period thoso who under like Circumstances shall have been total- ly and permanently disabled in both feet, or in one hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual la- bor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month ; and for the same period all persons who under like circumstances shall have been totally and permanently disabled in one hand, or One foot, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. (R. S. § 4697.) - - § 8948. Same; after June 4, 1872—From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who, while in the military or naval Service of the United States, and in line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanent- ly and totally disabled in the same, or otherwise SO permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the reg- ular personal aid and attendance of another perSOn, shall be entitled to a pension of thirty-One dollars anº twenty-five cents per month ; and all persons who, under like Circumstances, shall have lost One hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be inca- pacitated for performing any manual labor, but not SO much as to require regular personal aid and at- tendance, shall be entitled to a pension of twenty-four dollars per month ; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eight- een dollars per month: Provided, That all nersons who, under like Circumstances, have lost a leg above the knee, and in COnsequence thereof are so disabled that they cannot use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month from and after June fourth, eighteen hun- dred and seventy-two ; and all persons who, under like Circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Provided, That the pension for a disability not permanent, equivalent in degree to any provided for in this sec- tion, shall, during the continuance of the disability in such degree, be at the same rate as that herein provided for a permanent disability of like degree. (R. S. § 4698.) . - Substantially superseded by §§ 8950-8955, 8957-8963, see §§ 8964–8972. : § 8949. Same; age of 62 and over considered such a disability—Hereafter the age of sixty-two years and over shall be considered a permanent Specif- ic disability within the meaning of the pension laws. § 8950. Total disability—That section four of the act entitled “An act to revise, consolidate, and Tit. 57) 3 8960 PENSIONS [Page 1463] amend the laws relating to pensions,” and approved March third, eighteen hundred and seventy-three, be so amended that all persons who, while in the mili- tary or naval service Of the United States, and in the line of duty, shall have been so permanently and total- ly disabled as to require the regular personal aid and attendance of another person, by the loss of the sight of both eyes, or by the loss of the sight Of One eye, the sight of the other having been previously lost, Or by the loss Of both hands, Or by the loss of both feet, Or by any other injury resulting in total and perma- nent helplessness, shall be entitled to a pension of fifty dollars per month ; and this shall be in lieu of a pension of thirty-one dollars and twenty-five cents per month granted to such person by said section: Provided, That the increase of pension shall not be granted by reason of any of the injuries herein Specified ſunless the same have resuited in permanent total helplessness requiring the regular personal aid and attendance of another person. (June 18, 1874, C. 298, § 1, 18 Stat. 78.) Act March 3, 1873, c. 234, § 4, is § 8948. See §§ 8951, 8955, 8961. § 8951. Increase; for permanent disability— All Soldiers and Sailors who are now receiving a pen- Sion of fifty dollars per month, under the provisions of an act entitled “An act to increase the pension of soldiers and sailors who have been totally disabled,” approved June eighteenth, eighteen hundred and sev- enty-four, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the Sum Of Sev- enty-two dollars per month. (June 16, 1880, c. 236, § 1, 21 Stat. 281.) Act June 18, 1874, c. 298, is $ 8950. See § 8952. § 8952. Same; for total helplessness—All sol- diers, sailors, and marines who have since the six- teenth day of June, eighteen hundred and eighty, Or who may hereafter become SO totally and perma- nently helpless from injuries received or disease con- tracted in the service and line of duty as to require the regular personal aid and attendance of another per- Son, or who, if otherwise entitled, were excluded from the provisions of “An act to increase pensions of Cer- tain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service,” approved June sixteenth, eighteen hundred and eighty, shall be enti- tled to receive a pension at the rate of seventy-two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon Or board of Surgeons showing such degree of disabil- ity made subsequent to the passage of this act. (March 4, 1890, c. 25, 26 Stat. 16.) Act June 16, 1880, c. 236, is § 8951. $ 8953. Disability requiring frequent and pe- riodical attendance—Soldiers and Sailors who are shown to be totally incapacitated for performing man- ual labor by reason of injuries received or disease COn- tracted in the Service of the United States and in line Of duty, and who are thereby disabled to such a de- gree as to require frequent and periodical, though not regular and constant, personal aid and attendance of another person, shall be entitled to receive a pen- Sion of fifty dollars per month from and after the date of the certificate of the examining Surgeon or board of examining Surgeons showing such degree of disability, and made subsequent to the passage of this act. (July 14, 1892, c. 169, 27 Stat. 149.) $ 8954. Loss of one hand and one foot—All per- sons who, while in the military or naval service of the United States, and in the line of duty, shall have lost One hand and One foot, or been totally or perma- nently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is provided for by the provisions of the existing laws for each disability: Provided, That this act shall not be so construed as to reduce pensions in any case. (Feb. 28, 1877, c. 73, 19 Stat. 264.) $ 8955. Loss of both hands, or both feet, or Tooth eyes–On and after the passage of this act, all Soldiers and sailors who have lost either both their hands or both their feet or the sight of both eyes in the Service of the United States, shall receive, in lieu Of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such perSons, the sum of seventy two dollars per month. (June 17, 1878, c. 261, 20 Stat. 144.) See §§ 8956, 8958. § 8956. Same—That the act of June seventeenth, eighteen hundred and seventy-eight, entitled “An act to increase the pensions of certain soldiers and sail- ors who have lost both their hands or both their feet, Or the sight of both eyes, in the service of the Coun- try,” be SO Construed as to include all soldiers and Sailors who have become totally blind from causes occurring in the service of the United States. (March 3, 1879, c. 200, 20 Stat. 484.) Act June 17, 1878, c. 261, is § 8955. See § 8958. § 8957. Increase for loss of both hands—From and after the passage of this act all persons who, in the military or naval service of the United States and in the line of duty, have lost both hands, shall be en- titled to a pension of one hundred dollars per month. (Feb. 12, 1889, c. 132, 25 Stat. 659.) " - - $ 8958. Loss of both eyes or total blindness— From and after the passage of this Act all persons on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval Service of the United States and in the line of duty, shall have lost both eyes, or who have become totally blind from causes occurring in the service of the United States, shall receive a pension at the rate of one hun- dred dollars per month: Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. (April 8, 1904, C. 945, 33 Stat. 163.) § 8959. Loss of hand, foot, arm, or leg-From and after the passage of this act all persons On the pension-roll, and all persons hereafter granted a pen- Sion, who, while in the military or naval Service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or a foot, Shall re- ceive a pension of twenty-four dollars per month: that all persons now on the pension-roll, and all per- sons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow, Or a leg at or above the knee, or shall have been other- Wise so disabled as to be incapacitated for perform- ing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of thirty dollars per month: Provided, That nothing contained in this act shall be construed to re- peal section forty-six hundred and ninety-nine of the Bevised Statutes of the United States, or to Change the rate of eighteen dollars per month therein men- tioned to be proportionately divided for any degree of disability established for which section forty-six hun- dred and ninety-five makes no provision. (March 3, 1883, c. 91, 22 Stat. 453.) See §§ 8960, 8961. R. S. §§ 4695, 4699, are $$ 8944, 8974. § 8960. Increase; loss of hand, foot, arm, or leg—From and after the passage of this act all perSOnS on the pension rolls, and all persons hereafter grant- ed a pension, who, while in the military or naval Serv- ice of the United States and in line of duty, shall have lost one hand or one foot, or been totally disabled in the same, shall receive a pension of thirty dollars a month; that all persons now on the pension rolls, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension of thir- ty-six dollars per month; and that all persons now On 3 8960 (Tit. 57 PENSIONS the pension rolls, and all persons, hereafter granted a pension who in like manner shall have lost either an arm at the shoulder joint or a leg at the hip-joint, or so near the joint as to prevent the use of an artificial limb, shall receive a pension at the rate of forty-five dollars per month: Provided, That nothing COntarn- ed in this a ct shall be Construed to repeal Section for- ty-six hundred and ninety-nine of the Revised Stat- utes of the United States, or to change the rate Of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. (Aug. 4, 1886, c. 899, 24 Stat. 220.) See § 8961. " . § 8961. Same; loss of hand, foot, arm, or leg or both feet—From and after the passage of this Act all persons on the pension roll, and all persons here- after granted a pension, who, while in the military Or naval Service Of the United States and in the line Of duty, shall have lost One hand or One foot, or been totally disabled in the same, Shall receive a pension at the rate of forty dollars per month; that all per- SOns Who, in like manner, shall have lost an arm at Or above the elbow Or a leg at or above the knee, or been totally disabled in the same, shall receive a pen- Sion at the rate of forty-six dollars per month; that all persons who, in like manner, Shall have lost an arm at the shoulder joint or a leg at the hip joint, Or so snear the shoulder or hip joint or where the same is in such a condition as to prevent the use of an artifi- Cial limb, shall receive a pension at the rate of fifty- five dollars per month, and that all persons who, in like manner, shall have lost One hand and One foot, Or been totally disabled in the same, shall receive a pension at the rate of sixty dollars per month; and that all persons who in like manner, shall have lost both feet shall receive a pension at the rate of one hundred dollars per month: Provided, however, That this Act Shall not be SO COnStrued as to reduce any pension under any Act, public or private. (March 2, 1903, c. 977, 32 Stat. 944.) § 8962. Partial deafness—From and after the passage of this act all persons. On the pension-rolls of the United States, Or Who may hereafter be thereon, drawing pensions On a CCOunt Of 10.SS Of hearing, shall be entitled to receive, in lieu of the amount now paid in Case of such disability, the sum of thirty dollars, in Cases of total deafness, and Such proportion thereof in cases Of partial deafness as the Secretary of the Interior may deem equitable; the amount paid to be determined by the degree of disability existing in each Case. (Aug. 27, 1888, c. 913, 25 Stat. 449.) - $ 8963. Deafness—From and after the passage of this Act all persons on the pension roll of the United States, or who may hereafter be placed thereon, re- ceiving pension for total loss of hearing due to causes Originating in the military or naval service of the Unit- ed States and in the line of duty, shall be entitled to receive, in lieu of the amount now paid in Case of such disability, the sum of forty dollars per month: Provided, That said increase shall in no manner af- fect the rate of pension now being paid and allowa- ble for partial deafness, the rating for which shall be COntinued and determined in accordance with the pro- visions of existing law. (Jan. 15, 1903, c. 190, 32 Stat. 773.) - - See § 8902. . . $ 8964. Persons in civil war or war with Mex- ico, reaching age of 62; rates; receiving or claiming pensions under other laws—Any person who served ninety days or more in the military or naval service of the United States during the late civil War or sixty days in the war with Mexico, and who has been honorably discharged therefrom, and who has reached the age of sixty-two years or over, shall, upon making proof of such facts according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the pension roll, [Page 1464] and be entitled to receive a pension as follows: In case such person has reached the age of sixty-two years, twelve dollars per month; seventy years, fifteen dollars per month; seventy-five years or over, twenty dollars per month; and Such pension shall commence from the date of the filing of the application in the Bureau of Pensions after the passage and approval of this Act: Provided, That pensioners who are sixty- tWO years Of age Or Over, and who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by applica- tion to the Commissioner of Pensions in such form as he may prescribe, receive the benefits of this Act; and nothing herein COntained shall prevent any pen- SiOner Or person entitled to a pension from prosecut- ing his claim and receiving a pension under any Oth- er general or Special Act : Provided, That no person Shall receive a pension under any other law at the same time Or for the same period that he is receiv- ing a pension under the provisions of this Act: Pro- vided further, That no person who is now receiving or shall hereafter receive a greater pension under any other general Or Special law than he would be en- titled to receive under the provisions herein shall be pensionable under this Act. 34 Stat. 879.) - See §§ 2967, 8968. - § 8965. Same; rank not considered—Rärlix in the service shall not be considered in applications filed hereunder. (Feb. 6, 1907, c. 468, § 2, 34 Stat. 879.) § 8966. Sarne; compensation for proseeuting elaims—No pension attorney, claim agent, or other person Shall be entitled to receive any compensation for services rendered in presenting any claim to the Bureau of Pensions, Or Securing any pension under this Act. (Feb. 6, 1907, c. 468, § 3, 34 Stat. 879.) § 8967. Service pensions extended to persons entitled under other acts—The benefits of the Act of February sixth, nineteen hundred and seven, entitled “An Act granting pensions to certain enlisted men, soldiers, and officers who served in the civil war and the war with Mexico,” are hereby extended to in- (Feb. 6, 1907, c. 468, § 1, clude any person who served the period of time there- in specified during the late civil war or in the war with Mexico and who is now Or may hereafter become entitled to pension under the Acts of June twenty- Seventh, eighteen hundred and ninety, February fif- teenth, eighteen hundred and ninety-five, and the joint resolution of July first, nineteen hundred and two, or the Acts of January twenty-ninth, eighteen hundred and eighty-seven, March third, eighteen hun- dred and ninety-one, and February seventeenth, eighteen hundred and ninety-seven. (March 4, 1907, c. 2920, 34 Stat. 1406.) *: Acts and resolution mentioned are $$ 8937, 8939, 8940, 8964–8966, 9024, 9036–9041, 9045, 9046. § 8968. Service pensions and ratings; perma- nent disability—Any person Who Served ninety da VS or more in the military or naval service of the Unit- ed States during the late Civil War, who has been honorably discharged therefrom, and who has reach- ed the age of sixty-two years Or over, shall, upon making proof of such facts, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the pension roll and be en- titled to receive a pension as follows: In case such person has reached the age of sixty-two years and served ninety days, thirteen dollars per month ; six months, thirteen dollars and fifty cents per month; One year, fourteen dollars per month; one and a half years, fourteen dollars and fifty cents per month ; two years, fifteen dollars per month ; two and a half years, fifteen dollars and fifty cents per month; three years, or over, sixteen dollars per month. In case such person has reached the age of sixty-six years and served ninety days, fifteen dollars per month; six months, fifteen dollars and fifty cents per month; One year, sixteen dollars per month; one and a half Tit. 57) 3 8975 PENSIONS [Page 1465] years, sixteen dollars and fifty cents per month ; two years, seventeen dollars per month ; tWO and a half years, eighteen dollars per month ; three years or over, nineteen dollars per month. In Case Such per- son has reached the age of seventy years and Served ninety days, eighteen dollars per month ; six months, nineteen dollars per month; one year, twenty dol- lars per month ; One and a half years, twenty-one dollars and fifty Cents per month ; two years, twenty- three dollars per month ; two and a half years, tWen- ty-four dollars per month; three years or Over, tWen- ty-five dollars per month. In Case such person has reached the age of seventy-five years and served nine- ty days, twenty-one dollars per month; six months, twenty-two dollars and fifty cents per month; One year, twenty-four dollars per month ; one and a half years, twenty-seven dollars per month ; two years or over, thirty dollars per month. That any person who served in the military Or naval Service Of the United States during the Civil War and received an honorable discharge, and who was wounded in battle Or in line Of duty and is now unfit for manual labor by reason thereof, Or who from disease or other Caus- es incurred in line of duty resulting in his disability is now unable to perform manual labor, shall be paid the maximum pension under this Act, to wit, thirty dollars—per month, without regard to length of Service Or age. That any person who has served sixty days or more in the military or naval service of the United States in the War with Mexico and has been honor- ably discharged therefrom, shall, upon making like proof Of Such service, be entitled to receive a pension of thirty dollars per month. All Of the aforesaid pensions shall Commence from the date of filing of the applications in the Bureau of Pensions after the passage and approval of this Act: Provided, That pensioners who are sixty-two years Of age or over, and who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner Of Pensions, in such form as he may prescribe, receive the benefits of this Act; and noth- ing herein Contained shall prevent any pensioner or person entitled to a pension from prosecuting his Claim and receiving a pension under any other general Or Special Act: Provided, That no person shall re- Ceive a pension under any other law at the same time Or for the same period that he is receiving a pension under the provisions of this Act: Provided further, That no person who is now receiving or shall here- after receive a greater pension, under any other gen- Cºral Or Special law, than he would be entitled to re- Ceive under the provisions herein shall be pensiona- º * this Act. (May 11, 1912, c. 123, § 1, 37 Stat. $ 8969. Same; rank not considered—Rank in the Service shall not be considered in applications #; hereunder. (May 11, 1912, c. 123, § 2, 37 Stat. $ 8970. Same; compensation for prosecuting claims for pensions—No pension attorney, claim. agent, or other person shall be entitled to receive any compensation for services rendered in presenting any claim to the Bureau of Pensions, or securing any pen- sion, under this Act, except in applications for origi- nal pension by perSOns Who have not heretofore re- ceived a pension. (May 11, 1912, c. 123, § 3, 37 Stat. 113.) § 8971. Same; pensioners included—The bene- fits of this Act shall include any person who served during the late Civil War, or in the War with Mexi- co, and who is now or may hereafter become entitled to pension under the Acts of June twenty-seventh, eighteen lºundred and ninety, February fifteenth, eighteen hundred and ninety-five, and the joint resols]- tions of July first, nineteen hundred and two, ared June twenty-eighth, nineteen hundred and six, or the Acts of January twenty-ninth, eighteen hundred and eighty-Seven, March third, eighteen hundred and ninety-One, and February seventeenth, eighteen hun- dred and ninety-seven. (May 11, 1912, c. 123, § 4, 37 Stat. 113.) Acts and resolution mentioned are $$ 8937–8940, 8982, 8992, 9024, 9036–9041, 9045, 9046. § 8972. Same; record; increase with advane- ing age; investigation of age—It shall be the duty Of the Commissioner of Pensions, as each application for pension filed under this Act is adjudicated, to Cause to be kept a record showing the name, length Of Service, and age of each claimant, the monthly rate of payment granted to or received by him, and the County and State of his residence; and Shall at the end of the fiscal year nineteen hundred and four- teen tabulate the records So Obtained by States and COunties, and to furnish Certified copies thereof upon demand and payment of such fee therefor as is pro- vided by law for certified copies of records in the executive departments; and that further increase Of rate under this Act on account of advancing age shall be made without further application by pen- Sioner and shall take effect and Commence from the date he is shown by the aforesaid record to have at- tained the age provided by this Act as a basis of rat- ing: Provided, That where a claim has been heretO- fore adjudicated and the record therein does not Suf- ficiently establish the date of birth of the Soldier Or Sailor pensioner nothing herein shall prevent Such further investigation as is deemed necessary, in or; der to establish a record upon which future in- Crea.SeS of rate under this Act, On account Of advanc- ing age, may be possible, the object being to advance automatically the rate Of pension, as provided for by this Act, without unnecessary expense to the pen- sioner. (May 11, 1912, c. 123, § 5, 37 Stat. 113, amend- ed, March 4, 1913, c. 169, 37 Stat. 1019.) § 8972a. Rate of pension for persons serving 90 days or more—From and after the passage of this Act the rate of pension for any person who serv- ed ninety days or more in the military or naval Serv- ice of the United States during the Civil War, now On the roll Or hereafter to be placed on the pension roll and entitled to receive a less rate than herein- after provided, shall be $30 per month. In Case such a person has reached the age of Seventy-two years and served six months, the rate shall be $32 per month ; one year, $35 per month ; one and a half years, $38 per month ; two years or over, $40 per month: Provided, That this Act shall not be so con- strued as to reduce any pension under any Act, public or private: Provided further, That no pension at- torney, claim agent, or other person, shall be entitled to receive any compensation for presenting any claim to the Bureau of Pensions under this Act, except in applications for Original pension by persons who have not heretofore received a pension. (May 11, 1912, c. 123, § 6, added, June 10, 1918, c. 95, 40 Stat.) § 8973. Increase—Except in cases of permanent Specific disabilities, no increase of pension shall be al- lowed to COmmence prior to the date Of the exam- ining surgeon’s certificate establishing the same made under the pending claim for increase; and in this, as well as all other Cases, the certificate of an ex- amining surgeon, or of a board of examining sur- geons, shall be subject to the approval of the Com- missioner of Pensions. (R. S. § 4698%.) § 8974. Disability not otherwise provided for —The rate of eighteen dollars per month may be pro- portionately divided for any degree of disability es- tablished for which section forty-six hundred and ninety-five makes no provision. (R. S. § 4699.) See §§ 8959, 8960. § 8975. Absentees—Officers absent on sick-leave, and enlisted men absent On Sick-furlough, or on veter- an-furlough with the Organization to which they be- long, shall be regarded in the administration of the pension-laws in the same manner as if they Were in the field or hospital. (R. S. § 4700.) # 8976 (Tit. 57 PENSIONs IPage 1466] § 8976. Period of service–The period of serv- ice Of all persons entitled to the benefits of the pen- Sion-laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the organization. to Which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. (R. S. § 4701.) § 8977. Widows or children under sixteen- If any person embraced within the provisions of sec- tions forty-six hundred and ninety-two and forty-six hundred and ninety-three has died since the fourth day Of March, eighteen hundred and sixty-one, or hereafter dies, by reason of any wound, injury, or disease which under the conditions and limitations of Such sections would have entitled him to an invalid pension had he been disabled, his widow or if there be no Widow, or in case of her death without pay- ment to her of any part of the pension hereinafter mentioned, his child or children under sixteen years Of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or Children until they severally attain the age of six- teen years, and no longer; and if the widow remarry, the Child Or children shall be entitled from the date of remarriage, except when Such widow has continued to draw the pension-money after her remarriage, in contravention of law, and such child or children have resided with and been supported by her, their pen- SiOn Will Commence at the date to which the widow was last paid. (R. S. § 4702, amended, Aug. 7, 1882, c. 438, § 1, 22 Stat. 345.) : . See §§ 8980, 8981, 8998, 9015. - - - $ 8978. Presumption of death after seven years’ unexplaimed absence—In considering claims filed under the pension laws, the death of an enlisted man or officer shall be considered as sufficiently proved if satisfactory evidence is produced establish- ing the fact Of the continued and unexplained absence of such enlisted man or officer from his home and family for a period of seven years, during which period no intelligence of his existence shall have been received. And any pension granted under this Act shall cease upon proof that such officer or enlisted man is still living. (March 13, 1896, c. 54, 29 Stat. 57.) $ 8979. Increase to widows—The pensions of widows shall be increased from and after the twenty- fifth day of July, eighteen hundred and sixty-six at the rate of two dollars per month for each child un- der the age of sixteen years, of the husband on ac- count of whose death the claim has been, or shall be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provi- sions of the pension-law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and en- titled to a pension: Provided, That the additional pension herein granted to the widow On account of the Child Or children. Of the husband by a former wife shall be paid to her only for such period of her Wid- owhood as she has been, or shall be, charged with the maintenance Of Such child Or children ; for any period during which she has not been, or she shall not be, so charged, it shall be granted and paid to the guardian of such child or children: Provided further, That a widow or guardian to whom increase of pen- Sion has been, or shall hereafter be, granted On a C- count of minor children, shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organ- ized for the care of soldiers' orphans. (R. S. § 4703.) See §§ 8980–8985, 8993. - $ 8980. . Additional increase to widows, chil- dren, and dependent relatives—From and after the passage of this act the rate of pension for widows, minor children, and dependent relatives now on the pension-roll, or hereafter to be placed on the pension- roll, and entitled to receive a less rate than herein- after provided, shall be twelve dollars per month; and nothing herein shall be construed to affect the existing allowance of two dollars per month for each child under the age of sixteen years: Provided, That this act shall apply only to widows who were married to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or during the service of the soldier or sailor. And all acts or parts of acts inconsistent with the provisions. of this act are hereby repealed. (March 19, 1886, c. 22, § 1, 24 Stat. 5.) - - See §§ 8981a, 8982. - - § 8981. Same; claim agents not to receive compensation—No claim agent or attorney shall be recognized in the adjudication of claims under this act, nor shall any such person be entitled to receive any compensation whatever for services or pretended services in making applications thereunder. (March 19, 1886, c. 22, § 2, 24 Stat. 6.) § 8981a. Widows of officers and enlisted men who served in Civil War, KRWar with Mexico and War of 1812–From and after the passage of this Act the rate of pension for a widow, now on the roll or hereafter to be placed on the pension roll and en- titled to receive a less rate than hereinafter provided, who was the lawful wife of any officer or enlisted man in the Army, Navy, Or Marine Corps of the United States, during the period of his service in the Civil War, shall be $20 per month, and the rate of pension for a widow of an Officer or enlisted man. Of the Army, Navy, or Marine Corps of the United States who serv- ed in the Civil War, the War with Mexico, or the War of Eighteen hundred and twelve, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereafter provided, who has reached Or shall hereafter reach the age Of Seventy years shall be $20 per month; and nothing herein shall be construed to affect the existing allowance of $2 per month for each child under the age of sixteen years and for each helpless child ; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed: Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. (Sept. 8, 1916, c. 470, § 1, 39 Stat. 844.) § 8981b. Same; widows dropped from roll on aeed unt of remarriage to be restored on termi- nation of relation; effect of payment to helpiegs and idiotic child; widows deprived of pension under Act March 3, 1865, on remarriage-Any widow of an officer or enlisted man who served in the Army, Navy, or Marine Corps of the United States during the Civil War whose name was placed or Shall hereafter be placed on the pension roll, under any ex- isting law, and whose name has been or shall hereaft- er be dropped from said pension roll by reason of her marriage to another person who has since died or Shall hereafter die or from whom she has been heretofore or shall be hereafter divorced upon her own applica- tion and without fault on her part, shall be entitled to have her name again placed on the pension roll at the rate allowed by the law under which she was for- merly pensioned, and the law or laws amendatory thereof, unless she be entitled to a greater rate of pen- sion under the provisions of section one of this act, such pension to commence from the date of filing her application in the Bureau of Pensions after the pas- sage of this Act: Provided, however, That where the pension of said widow on her second or Subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to renewal under this Act unless said helpless or idiotic child, or child or children un- *A *h Tit. 57) 3 8984 PENSIONS IPage 1467] der sixteen years of age, be then a member or mem- bers of her family and Cared for by her, and upon the renewal Of pension to said widow payment of pension to said child Or children shall cease: And provided further, That the provisions of this Act shall be ex- tended to those widows Otherwise entitled, whose hus- bands died of wounds, injuries, or disease incurred during the period of their military Or naval Service, but who were deprived of pension under the Act of March third, eighteen hundred and sixty-five, because of their failure to draw any pensions by reason of their relmarriage, and to any person who was lawfully imar- ried to an Officer or enlisted man, who served in the Army, Navy, or Marine Corps of the United States during the Civil War and was honorably discharged therefrom and has Since deceased, and Who, having remarried since his death is again a widow, or bas been divorced from her last husband upon her Own application without fault on her part and who, oth- erwise entitled, was barred by reason of such remar- riage from receiving pension under any existing law. (Sept. 8, 1916, c. 470, § 2, 39 Stat. 845.) § 898 le. Same; widows described in Act April 19, 1908, c. 147, § 2, marrying soldier or sailor prior to June 27, 1905; effect of grant of pen- sion to helpless or idiotic child—Any-widow, as described in Section two of the Act approved April nineteenth, nineteen hundred and eight, who married the Soldier or sailor prior to June twenty-seventh, nine- teen hundred and five, shall have title to pension under the provisions Of Said section of Said Act, to Commence from the date of filing her application in the Bureau Of Pensions after the passage of this Act: Provided, however, That where a pension has been granted to a soldier's Or sailor’s helpless or idiotic child Or child- ren, or child or children under the age of sixteen years, his widow shall not be entitled to pension under this section, unless the pension to such child Or Chil- dren has terminated, or unless Such child Or children be a member or members of her family and Cared for by her, and upon allowance of pension to the widow, payment of pension to such, child or children shall cease. (Sept. 8, 1916, c. 470, § 3, 39 Stat. 845.) Act April 19, 1908, c. 147, § 2, is § 8984. § 8981 d. Same; claim agents or attorneys not reedgmized under section 1; limitation of fees under section 2–No claim agent or attorney shall be reCOgnizCd in the adjudication of Claims under the first Section of this Act, nor shall any claim agent or attorney be recognized in the adjudication of claims under the second section of this Act for renewal of pension previously allowed, and in claims for origi- nal pension under section two of this Act no greater sum than $10 shall be allowed for Services in pre- paring, presenting, or prosecuting such claim. which Sum shall be payable Only upon the Order of the Com- missioner of Pensions under Such rules and regulations as he may deem proper to make. (Sept. 8, 1916, c. 470, § 4, 39 Stat. 845.) See §§ 8985, 8995, 9112. § 898 le. Rate to widows of offieers or enlist- ed men of Army serving in Civil War; pension laws mot affected—From and after the passage of this Act the rate Of pension for a widow Of an Officer or enlisted man of the Army, Navy, or Marine Corps Of the United States who served in the Civil War, the War with Spain, or the Philippine Insurrection, now On the pensjon roll Or hereafter to be placed on the pension roll, and entitled to receive a less rate than hereinafter provided, shall be $25 per month; and nothing herein shall be construed to affect the addi- tional allowance provided by existing pension laws On a CCOUnt of a helpless child Or child under Sixteen years of age : Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private : And provided further, That the provisions of this section shall be adminis- tered, executed, and enforced by the Commissioner of Pensions. (Sept. 2, 1914, c. 293, § 314, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408.) § 8982. Dependent widows and children—If any Officer or enlisted man who served ninety days or more in the Army Or Navy of the United States dur- ing the late war of the rebellion, and who was hon- Orably discharged has died, or shall hereafter die, leaving a widow without means of support other than her daily labor, and an actual net income not exceed- ing two hundred and fifty dollars per year, or minor Children under the age of sixteen years, such Widow Shall, upon due proof of her husband’s death, without proving his death to be the result of his army ser- Vice, be placed On the pension roll from the date Of the application therefor under this Act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each Child Of Such officer or enlisted man under sixteen years of age; and in case of the death or remarriage Of the widow, leaving a child or children of such Oſ- ficer or enlisted man under the age of sixteen years, such pension shall be paid such child Or children until the age of sixteen : Provided, That in "case a minor Child is insane, idiotic, Or Otherwise physically Or men- tally helpless, the pension shall continue during the life of said child, or—during the period of such disa- bility ; and this proviso shall apply to all pensions heretofore granted Or hereafter to be granted under this or any former statute; and such pensions shall commence from the date of application therefor aſter the passage of this Act: And provided further, That said widow shall have married said soldier prior to the passage of the said Act of June twenty-seventh, eighteen hundred and ninety. (June 27, 1890, c. 634, § 3, 26 Stat. 182, amended, May 9, 1900, c. 385, 31 Stat. 171. 'sº §§ 8938–8940, 8980, 8984, 8986. § 8983. Widows and children; additional in- crease—From and after the passage of this Act the rate of pension for widows, minor children under the age of sixteen years, and helpless minors as defined by existing laws, now on the roll or hereafter to be placed On the pension roll and entitled to receive a leSS rate than hereinafter provided, shall be twelve dollars per month ; and nothing herein shall be Con- Strued to affect the existing allowance of two dollars per month for each child under the age of sixteen years and for each helpless child; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed: Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. (April 19, 1908, c. 147, § 1, 35 Stat. 64.) § 8984. Same; of soldiers and sailors who served in civil war, without proof death was re- sult; pensionable status of husbands, if living, under previous provisions—If any Officer Or onlist- ed man who served ninety days or more in the Army or Navy of the United States during the late civil war and who has been honorably discharged therefrom has died or shall hereafter die, leaving a widow, Such Wid- ow shall, upon due proof of her husband's death, with- out proving his death to be the result of his army or navy service. be placed on the pension roll from the date of the filing of her application therefor under this Act at the rate of tWelve dollars per month during her widowhood, provided that said Widow shall have married said Soldier Or sailor prior to June twenty- Seventh, eighteen hundred and ninety; and the benefits of this section shall include those widows whose hus- bands if living Would have a pensionable status under the Joint Resolutions of February fifteenth, eighteen Hundred and ninety-five, July first, nineteen hundred and two, and June twenty-eighth, nineteen hundred and six. (April 19, 1908, c. 147, § 2, 35 Stat. 64.) Resolutions mentioned are $$ 8939, 8940, 9024. See § 8981c. 3 8985 (Tit. 57 PENSIONS [Page 14681 $ 8985. Same; claim agents and attorneys not recognized as to certain claims and fees as to others limited—No claim agent or attorney Shall be recognized in the adjudication of claims under the first section of this Act, and that no agent, attorney or other person engaged in preparing, presenting, Or prosecuting any claim under the provisions of the second section of this Act shall, directly or indirectly, contract for, demand, receive, or retain for Such services in preparing, presenting, or prosecuting Such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner Of Pensions by the pension agent making payment of the pension allowed; and any person who shall violate any Of the provisions of this section or who shall Wrong- fully withhold from the pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this Act shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall, for each and every such Offense, be fined not exceeding five hundred dollars Or be im- prisoned at hard labor not exceeding two years, or both, in the discretion Of the Court. 147, § 3, 35 Stat. 64.) $ See § 89816. § 8986. Additional pension by special act on account of helpless child not to affect rate to widow—When an additional pension has been, Or may hereafter be, granted by special act to a widow or guardian. On account of a helpless child, such addi- tional pension shall in no wise affect the rate of pen- sion the widow may be entitled to independent of such (April 19, 1908, c. additional allowance. (March 4, 1909, c. 302, 35 Stat. 1058.) - $ 8986a. Double pension in cases of death or disability as result of aviation accident—In all Cases where an Officer or enlisted man Of the Navy Or Marine Corps dies, or where an enlisted man Of the Navy or Marine Corps is disabled by reason of any injury received or disease contracted in line of duty, the result of an aviation accident, received while, employed in actual flying in or in handling air craft, the amount of pension allowed shall be double that au- thorized to be paid should death or the disability have occurred by reason of an injury received or disease contracted in line of duty, not the result of an avia- tion accident. (March 3, 1915, c. 83, 38 Stat. 940.) § 8987. What children deemed legitimate— In the administration of the pension-laws, children born before the marriage of their parents, if ac- knowledged by the father before or after the mar- riage, shall be deemed legitimate. (R. S. § 4704.) § 8988. Widows of colored and Indian sol- diers—The widows Of Colored and Indian Soldiers and sailors who have died, Or shall hereafter die, by reason of wounds or injuries received, or casualty received, or disease contracted, in the military or naval service Of the United States, and in the line Of duty, shall be entitled to receive the pension pro- vided by law without other evidence of marriage than Satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obliga- tory, or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death ; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three. (R. S. § 4705.) - § 8989. Proof of marriage; adulterous co- habitation terminating pension—Marriages, ex- cept such as are mentioned in section forty-seven hun- dred and five of the Revised Statutes shall be proven in pension cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to pension accrued ; and the Open and notorious adulter- Ous cohabitation of a widow who is a pensioner shall Operate to terminate her pension from the Commence- ment of such cohabitation. (Aug. 7, 1882, c. 438, § 2, 22 Stat. 345.) t - § 8990. Abandonment by widow—If any person has died, or shall hereafter die, leaving a widow entitled to a pension by reason. Of his death, and a Child or children under sixteen years of age by Such widow, and it shall be duly certified under seal by any Court having probate jurisdiction, that satisfac- tory evidence has been produced before such court, upon due notice to the Widow, that she has abandon- ed the Care Of Such Child Or Children, Or that She is an unsuitable person, by reason of immoral Conduct, to have the Custody of the same, on presentation Of Sat- isfactory evidence thereof to the Commissioner of Pensions, no pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of law to the COntrary notwithstanding ; and the said child or chil- dren shall be pensioned in the same manner, and from the same date, as if no widow had survived such perSon, and Such pension shall be paid to the guard- ian Of Such Child or children; but if in any case pay- ment Of pension shall have been made to the widow, the pension to the Child Or children shall commence from the date to which her pension has been paid. (R. S. § 4706.) § 8991. Succession of dependent relatives—If any person embraced within the provisions of Sec- tions forty-six hundred and ninety-two and forty-six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, Or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has left or Shall leave Other relative Or relatives who were de- pendent upon him for Support, in whole Or in part, at the date of his death, such relative or relatives shall be entitled, in the following order of prece- dence, to receive the same pension as Such perSOn would have been entitled to had he been totally dis- abled, to commence from the death Of Such perSOn, namely: first, the mother; secondly, the father ; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly: Pro- vided, That where orphan children of the same par- ent have different guardians, or a portion of them only are under guardianship, the share Of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward: Provided, That if in any case said person shall have left father and mother who were dependent upon him, then, On the death of the mother, the father shall become en- titled to the pension, commencing from and after the death of the mother; and upon the death. Of the mother and father, Or upon the death Of the father and the remarriage of the mother, the dependent brothers and sisters under sixteen years of age shall, jointly become entitled to such pension until they attain the age of sixteen years respectively, Commenc- ing from the death or remarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no Other adequate means of support than the Ordinary proceeds of her own manual labor and the Contributions Of Said SOn or of any other persons not legally bound to aid in her support; and if, by actual contributions, Or in any other way, the son had recognized his obliga- tions to aid in support of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like Tit. 57) # 8997 PENSIONS [Page 1469] conditions, be assumed to have been dependent, ex- cept that the income which was derived or derivable from his actual or possible manual labor Shall be taken into account in estimating a father's means Of independent support: Provided further, That the pension allowed to any person on account Of his Or her dependence, as hereinbefore provided, Shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. (R. S. § 4707.) R. S. §§ 4692, 4693, are $$ 8933, 8934. § 8992. Dependent parents—In considering the pension claims of dependent parents, the fact Of the soldier's death by reason of any wound, injury, CaS- ualty, or disease which, under the conditions and limitations of existing laws, would have entitled him to an invalid pension, and the fact that the Soldier left no widow or minor children having been ShoWn as required by law, it shall be necessary Only to show by competent and sufficient evidence that Such parent or parents are without other present means of support than their own manual labor or the Con- tributions of others not legally bound for their Sup- port: Provided, That all pensions allowed to depend- ent parents under this act shall Commence from the date Of the filing of the application hereunder and shall Continue no longer than the existence Of the dependence. (June 27, 1890, c. 634, § 1, 26 Stat. 182.) See §§ 8938, 8950, 8983. $ 8993. Widows; remarriage of; restoration on renewed widowhood—The remarriage of any Wid- ow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension such pension shall cease: Provided, however, That any Widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, Or Marine Corps of the United States, as described in para- graphs one, two, and three of section forty-six hun- dred and ninety-three of the Revised Statutes of the United States, during the period of his service in any war, and whose name was placed Or shall hereafter be placed on the pension roll because of her husband’s death as the result of wound Or injury re- Ceived or disease contracted in such military Or naval Service, and whose name has been Or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died Or shall hereafter die, or from whom she has been here- tofore or shall be hereafter divorced, upon her own application and without fault' On her part, and if she is without means Of Support other than her daily labor, as defined by the Acts of June twenty-Seventh, eighteen hundred and ninety, and May ninth, nine- teen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eight- een hundred and Seventy-three, and March nine- teenth, eighteen hundred and eighty-six, such pen- sion to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act: And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: And provided further, That where the penSiOn Of Said Widow On her Second Or Subse- quent marriage has accrued to a helpless Or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restoration Under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member Or members Of her family and Cared for by her, and upon the restoration of Said widow the pay- ment of pension to said child or children shall cease. (R. S. § 4708, amended, March 3, 1901, c. 865, § 1, 31 ; 1445, and Feb. 28, 1903, c. 858, § 1, 32 Stat. 920. R. S. § 4693, is $ 8934. Act June 27, 1890, c. 634, § 3, is § 8982. Act July 14, 1862, c. 166, 12 Stat. 566, was super- seded by Act March 3, 1873, c. 234, incorporated into R. S. §§ 4702, 4703, which are $$ 8977, 8979. Act March 19, 1886, c. 22, which is §§ 8980, 8981. See § 8981b. $ 8994. Same; widows entitled who failed to draw pension by reason of remarriage—The pro- Visions of this Act shall be extended to those widows Otherwise entitled whose husbands died of wounds, injuries, or disease contracted during the period of their military and naval service, but who were depriv- ed of pension under the act of March third, eighteen hundred and sixty-five, because of their failure to draw any pension by reason of their remarriage. (Feb. 28, 1903, c. 858, § 2, 32 Stat. 921.) Act March 3, 1865, c. 84, 13 Stat. 499, was superseded by Act March 3, 1873, c. 234, and incorporated into R. S. §§ 4702, 4703, which are $$ 8977, 8979. $ 8995. Same; compensation of claim agents —No claim agent or other person shall be entitled to receive any compensation for services in making ap- plication for pension ſunder this Act. (Feb. 28, 1903, c. 858, § 3, 32 Stat. 921.) (R. S. § 4709. Repealed.) This Section provided that pensions granted in conse- qllence of death occurring from a cause originating in the – Service Since March 4, 1861, or in consequence of wounds or injuries received or disease contracted since that date, should commence from the death or discharge of the per- Son. On Whose account the claim was granted, provided the application therefor had been filed within five years after the right thereto had accrued; otherwise the pension Should commence from the date of filing the last evi- dence necessary to establish the same. It was repealed by Act March 3, 1879, c. 187, § 3, 20 Stat. 470 and a sub- Stitute for this section was enacted in section 2 of said act (§ 8996). § 8996. Commencement of—All pensions which have been, or which may hereafter be, granted in con- Sequence of death occurring from a Cause which Orig- inated in the service since the fourth day of March, eighteen hundred and sixty one, or in consequence of WOunds Or injuries received or disease Contracted Since that date shall commence from the death or discharge Of the person on whose account the claim has been or is hereafter granted if the disability occurred prior to discharge, and if such disability occurred after the discharge then from the date of actual disability or from the termination of the right of party having prior title to such pension: Provided, The application for such pension has been or is hereafter filed with the Commissioner of Pensions prior to the first day of July eighteen hundred and eighty, otherwise the pen- sion shall commence from the date of filing the ap- plication ; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age. (March 3, 1879, c. 187, § 2, 20 Stat. 470.) See §§ 8968, 8998. § 8997. When pension a certies—In construing the preceding section, the right of persons entitled to pensions shall be recognized as accruing at the date therein stated for the commencement of Such pension, and the right of a dependent father or de- pendent brother to pension shall not in any case be held to have accrued priðr to the sixth day Of June, eighteen hundred and sixty-six; and the right Of all other classes of claimants, if applying On account Of the death of a person who was regularly mustered into the Service, or regularly employed in the Navy or upon the gun-boats or war-vessels of the United States, shall not be held to have accrued prior to the fourteenth day of July, eighteen hundred and sixty- two ; if applying on account of a chaplain of the Army, their right shall not be held to have accrued prior to the ninth day of April, eighteen hundred and sixty-ſour; if applying on account of an enlisted sol- dier who was not mustered, or a non-enlisted man in temporary service, their right shall not be held to Have accrued prior to the fourth day of July, eight- een hundred and sixty-four; if applying On a CCOunt & 8998 (Tit. 57 PENSIONS [Page 1470I of an acting assistant or contract surgeon, their right shall not be held to have accrued prior to the third day of March, eighteen hundred and sixty-five; if ap- plying On account of persons enlisted as teamsters, wagoners, artificers, hospital-stewards, or farriers, their right shall not be held to have accrued prior to the sixth day of June, eighteen hundred and sixty-six; and the right Of all classes of claimants applying on account of a provost-marshal, deputy provost-marshal, or enrolling-officer, shall not be held to have accrued prior to the twenty-fifth day of July, eighteen hundred and sixty-six. But the right of a widow or dependent mother who married prior, and did not apply till sub- sequent to the twenty-seventh day of July, eighteen . hundred and sixty-eight, shall not be held to have accrued prior to that date. (R. S. § 4710.) $ 8998. Widows’ pensions to date from death of husband—All pensions which have been, or which may hereafter be, granted under the general laws reg- ulating pensions to widows in consequence of death occurring from a cause which originated in the serv- ice since the fourth day of March, eighteen hundred and sixty-One, shall COmmence from the date Of death of the husband. (June 7, 1888, c. 369, 25 Stat. 173.) § 8999. Arrears—It shall be the duty of the Com- missioner of Pensions, upon any application by letter or otherwise by or on behalf of any pensioner enti- tled to arrears of pension under section forty-seven hundred and nine, or if any such pensioner has died, upon a similar application by Or on behalf of any per- son entitled to receive the accrued pension due such pensioner at his death, to pay or cause to be paid to Such pensioner, or other person, all such arrears of pension as the pensioner may be entitled to, or, if dead, would have been entitled to under the provisions Of that Section had he survived ; and no claim-agent or other person shall be entitled to receive any COm- pensation for Services in making application for ar- rears of pension. (R. S. § 4711.) See §§ 9004, 9113, 9115. - § 9000. Provisions of laws extended—The pro- visions of this Title in respect to the rates of pension to persons whose right accrued since the fourth day of March, eighteen hundred and sixty-one, are extend- ed to pensioners whose right to pension accrued under general acts passed since the war of the Revolution and prior to the fourth day of March, eighteen hun- dred and sixty-one, to take effect from and after the twenty-fifth day of July, eighteen hundred and sixty- six : and the widows of revolutionary soldiers and Sailors receiving a less sum shall be paid at the rate of eight dollars per month from and after the twenty- Seventh day Of July, eighteen hundred and Sixty- eight. (R. S. § 4712.) - See § 9033. § 9001. Commeneerment; for prior wars—In all cases in which the cause of disability or death originated in the service prior to the fourth day of March, eighteen hundred and sixty-one, and an appli- cation for pension shall not have been filed within three years from the discharge Or death. Of the perSon on whose account the claim is made, or within three years of the termination of a pension previously grant- ed on account of the service and death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteen hundred and sixty-six, shall be affected by anything herein contain- ed. (R. S. § 4713.) - . § 9002. Same; for war of rebellion under general laws—All pensions which have been granted under the general laws regulating pensions, or may hereafter be granted, in consequence of death from a Cause which Originated in the United States Service during the continuance of the late war of the rebel- lion, or in consequence of wounds, injuries, or disease received or contracted in said service during said War of the rebellion, shall commence from the date of the death or discharge from said service of the person | On whose account the claim has been or shall hereaft- er be granted, or from the termination of the right of the party having prior title to such pension. (Jan. 25, 1879, c. 23, § 1, 20 Stat. 265.) - § 9003. Arrears; regulations for payment— The Commissioner of Pensions is hereby authorized and directed to adopt such rules and regulations for the payment of the arrears of pensions hereby grant- ed as Will be necessary to cause to be paid to such pensioners, or, if the pensioners shall have died, to the person or persons entitled to the same, all such arrears Of pension as the pensioner may be, or would have been, entitled to under this act. (Jan. 25, 1879, c. 23, § 2, 20 Stat. 265.) - . § 9004. Same; rate—The rate at which the ar- rears of invalid pensions shall be allowed and com- puted in the cases which have been or shall hereafter be allowed shall be graded according to the degree Of the pensioners disability from time to time and the provisions of the pension laws in force over the period for which the arrears shall be computed. That sec- tion One of the act of January twenty-fifth, eighteen hundred and seventy-nine, granting arrears of pensions Shall be construed to extend to and include pensions On a CCOUnt Of Soldiers who were enlisted Or drafted for the Service in the war of the rebellion, but died or incurred disability from a cause originating after the CeSSation of hostilities; and before being mustered Out: Provided, That in no case shall arrears of pen- Sions, be allowed and paid from a time prior to the date of actual disability. (March 3, 1879, c. 187, § 1, 20 Stat. 470.) - . Act Jan. 25, 1879, c. 23, is §§ 9002, 9003. § 9005. Same; disposition of balance of ap- propriation for—Any unexpended balance of the ap- propriation for the payment of the arrears of pensions granted by the act of Congress approved January twenty-fifth, eighteen hundred and seventy-nine, made by the act approved March third, eighteen hundred and seventy-nine is hereby covered into the Treasury. (July 13, 1892, c. 161, 27 Stat. 119.) (R. S. § 4714. Superseded.) This Section provided that declarations of pension claim- ants should be mado before a court of record, or an of- ficer having custody of its seal; but the Commissioner of Pensions might be authorized to designate, in localities more than 25 miles distant from the place where a court Was held, persons qualified to administer oaths before Whom declarations might be made and testimony taken, and might also accept declarations of claimants residing in foreign countries before United States ministers or con- suls or some officer of the country authorized to admin- ister oaths, and declarations in claims of Indians might be made before a, United States agent, and declarations of claimants for pensions for service in the war of 1812 might be made before an officer authorized to administer oaths. It was superseded by Act July 26, 1892, c. 255 (§§ 9006–9008). § 9006. Declarations of claimants; before whom made; certificate of official character—Dec- larations of pension claimants shall be made before a court of record, or before some officer thereof having custody of its seal, or before some officer who, un- der the laws of his State, city or county, has authority to administer oaths for general purposes; and said Of- ficers are hereby fully authorized and empowered to administer and certify any oath or affirmation relat- ing to any pension or application therefor: Provided, That where such declaration or other papers are ex- ecuted before an officer authorized as above but not required by the laws of his State to have and use a seal to authenticate his official acts, he shall file in the Pension Bureau a certificate of his official char- acter, showing his official signature, and term of of fice, certified by a clerk of a court of record or other proper officer of the State as to the genuineness there- of; and when said certificate has been filed in the Bureau of Pensions his own certificate will be recog- nized during his term of office. (July 26, 1892, c. 255, § 1, 27 Stat. 272.) § 9007. Same; in foreign countries; Indians– The Commissioner of Pensions may accept declara- tions and other papers of claimants residing in for- Tit. 57) 3 9015 PENSIONS IPage 1471] eign countries made before a United States minister or Consul or other Consular Officer, or before Some Of- ficer of the country duly authorized to administer Oaths for general purposes, and whose Official Char- acter and signature ,shall be duly authenticated by the certificate of a United States minister or Consul or other consular Officer; and declarations in claims of Indians may be made before a United States Indian agent. (July 26, 1892, c. 255, § 2, 27 Stat. 272.) § 9008. Same; curing defects—Any and all dec- larations or affidavits now on file in the Pension Bu- reau which are considered informal, by reason Of not having been executed in conformity to the laws here- tofore in force covering such, and in which it is shown or may be hereafter shown by proper evidence that the same were executed by and before an Officer who was duly authorized to administer Oaths for gen- eral purposes at said date of execution, shall be ac- cepted as formal as from date of filing such declara- tions' or affidavits. (July 26, 1892, c. 255, § 3, 27 Stat. 272.) § 9009. Affidavits and declarations in pension or bounty cases, claims for back pay or arrears or increase of pension, or quarterly vouchers-Any and all affidavits and declarations to be hereafter made or used in any pension or -bounty eases, or in claims against the Government for back pay Or ar- rears or increase of pension, or for quarterly Vouchers, may be taken by any officer authorized to administer oaths for general purposes in the State, City, Or Coun- ty where said officer resides. If such officer has a seal and uses it upon such paper, no certificate Of a county clerk, or prothonotary, or clerk of a court Shall be necessary; but when no seal is used by the Of- ficer taking such affidavit, then a clerk of a court of record, or a county or city clerk, shall affix his of ficial seal thereto, and shall certify to the Signature and official character of said officer. (July 1, 1890, c. 646, 26 Stat. 209.) See § 9010. § 9010. Certification of official character and signature of officer taking declaration or affi- davit—That the act approved July first, eighteen hun- dred and ninety, entitled “An act in relation to Oaths in pension and other cases,” be and the same is here- by, amended and construed to mean that When dec- larations, affidavits, and other papers are verified by justices of the peace and other officers duly authoriz- ed by law to administer oaths for general persons, but not required by law to have seals, the Official Charac- ter, signature, and term of service of Such justice Or other officer shall be certified by the clerk Of the county or court of record or other proper officer, un- der the seal of such county or court or public officer, in the department Or bureau in which Such paperS are to be used; and one such certificate duly filed in Such department or bureau, or With any pension agent, shall be sufficient as to all Verifications Of Such Of- ficer during his official term, and all papers hereto- before or hereafter filed shall be subject to this rule. (Sept. 1, 1890, No. 43, 26 Stat. 679.) Act July 1, 1890, c. 646, is § 9009. § 9011. One pension at a time—Nothing in this Title Shall be SO COnStrued as to allow more than One pension at the same time to the same person, or to persons entitled jointly; but any pensioner who shall so elect may surrender his certificate, and receive, in lieu thereof, a certificate for any other pension to which he would have been entitled had not the Sur- rendered certificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. (R. S. § 4715.) See §§ 8964–8966, 8968, 9021. § 9012. [R. S. § 4716. Repealed.] This Section read as follows: “No money on account of pension shall be paid to any person, or to the widow, children, or heirs of any deceas- ed person, who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States.” It Was repealed by Act Aug. 29, 1916, c. 418, § 1, 39 Stat. 649. § 9013. Law prohibiting to persons aiding re- bellion; not applicable to persons afterward en- listing—The law prohibiting the payment of any ImOney On a CCOunt Of pensions to any person, or to the Widow, children, or heirs of any deceased person Who, in any manner, engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such per- Sons as afterward voluntarily enlisted in either the Navy or Army of the United States, and who, while in Such Service, incurred disability from a wound or injury received or disease eontracted in the line of Ciuty. (March 3, 1877, c. 120, 19 Stat. 403, amend- ed, Aug. 1, 1892, c. 351, 27 Stat. 340.) The law (R. S. § 4716) prohibiting payment of pensions to persons aiding rebellion, was repealed by Act Aug. 29, 1916, c. 418, § 1, 39 Stat. 649. $ 9014. Same; not applicable to claims of de- pendent parents of soldiers in war with Spain— That Section forty-seven hundred and sixteen of the Revised Statutes be, and the same is hereby, repeal- ed., SO far as the same may be applicable to the claims to pension of dependent parents of soldiers, sailors, and marines—who served in the Army or Navy of the United States during the war with Spain. (April 18, 1900, c. 244, 31 Stat. 136.) - R. S. § 4716, was repealed by Act Aug. 29, 1916, c. 418, § 1, 39 Stat. 649. (R. S. § 4717. Repealed.) This section provided that no claim not prosecuted to Successful issue within five years from the date of filing should be admitted without record evidence from the War or Navy Department of the injury or disease which result- ed in the disability or death of the person on whose ac- count the claim was made. It was repealed by Act Jan. 25, 1879, c. 23, § 3, 20 Stat. 265. (R. S. § 4718. Superseded.) • This section provided that if any pensioner had died or should thereafter die, or if any person entitled to a pon- Sion having an application pending had died or should thereafter die, his widow, or, if no widow, the children of such person under 16 years of age, should be entitled to receive the accrued pension to the date of the death of Such person, and declared that such accrued pension should not be considered as a part of the assets of decedent’s es— tate, and should inure to the exclusive benefit of such widow or children, and, if no widow or child Survived, no payment of the accrued pension should be made ex- cept to reimburse the person who bore the expenses of the last sickness and burial of decedent in cases where there were not sufficient assets to meet Such expenses. It was superseded by § 9015. § 9015. Aceruled pensions—From and after the twenty-eighth day of September, eighteen hundred and ninety-two, the accrued pension to the date Of the death of any pensioner, or of any person entitled to a pension having an application therefor pending, and Whether a certificate therefor shall issue prior Or Sub- sequent to the death of such person, shall, in the case Of a person pensioned, Or applying for pension, On account of his disabilities or service, be paid, first, to his widow ; second, if there is no Widow, to his child or children under the age of sixteen years at his death ; third, in case of a widow, to her minor chil- dren under the age Of Sixteen years at here death; Such accrued pension shall not be considered Ya part of the assets of the estate Of such deceased person, nor be liable for the payment Of the debts of Said eS- tate in any Case What SOever, but shall inure to the Sole and exclusive benefit Of the widow or children. And if no widow Or child Survive such pensioner, and in the case of his last Surviving child who was such minor at his death, and in Case of a dependent moth- er, father, sister, or brother, no payment whatsoever Of their accrued pension shall be made Or allowed ex- Cept SO much as may be necessary to reimburse the person who bore the expense of their last sickness and burial, if they did not leave sufficient assets to meet Such expense. And the mailing of a pension check, drawn by [a pension agent] in payment of a 3 9015 (Tit. 57 PENSIONS [Page 1472I pension due, to the address of a pensioner, shall con- Stitute payment in the event of the death of a pen- SiOner Subsequent to the execution of the voucher therefor. And all prior laws relating to the payment Of accrued pension are hereby repealed. (March 2, 1895, c. 193, 28 Stat. 964.) . Words in brackets superseded by repeal of R. S. §§ 4778, 4780, and the abolition of pension agencies by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312. See § 9108. § 9016. Same; reimbursement of expenses in- curred by State—The investigation of claims for the reimbursement of expenses of the last sickness and burial of deceased pensioners shall be at the in- stance and under the direction of the Secretary Of the Treasury, and no part of any accrued pension shall hereafter be used to reimburse any State, county, or municipal corporation for expenses incurred by such State, county, or municipal corporation under State law for expenses of the last sickness or burial of a deceased pensioner. (March 3, 1905, c. 1483, § 1, 33 Stat. 1169.) - See § 9017. § 9017. Settlement of claims for reimburse- ment of last sickness and burial of deceased pen- sioners—Hereafter the settlement of all Claims for the reimbursement of expenses of the last sickness and burial of deceased pensioners shall be under the direc- tion of the Commissioner of Pensions. (March 4, 1909, c. 302, 35 Stat. 1058.) - ~, See § 9016. - § 9018. Unclaimed pensions—The failure of any pensioner to claim his pension for three years after the same shall have become due shall be deemed pre- sumptive evidence that such pension has legally ter- minated by reason of the pensioner’s death, remar- riage, recovery from the disability, or otherwise, and the pensioner's name shall be stricken from the list of pensioners, subject to the right of restoration to the same on a new application by the pensioner, Or, if the pensioner is dead, by the widow or minor children entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in Cases of invalids who were not exempt from biennial ex- aminations as to the continuance Of the disability. (R. S. § 4719.) - § 9019. Special acts—When the rate, commence- ment, and duration of a pension allowed by Special act are fixed by such act, they shall not be subject to be varied by the provisions and limitations Of the general pension-laws, but when not thus fixed the rate and continuance of the pension shall be subject to Variation in accordance with the general laws, and its commencement shall date from the passage Of the special act, and the Commissioner of Pensions shall, upon satisfactory evidence that fraud was perpe- trated in obtaining such special act, Suspend payment thereupon until the propriety of repealing the same can be considered by Congress. . (R. S. § 4720.) § 9020. Same; pensioners under, entitled to Thenefits of general laws—All persons entitled to pensions under special acts fixing the rate of such pensions, and now receiving or entitled to receive a less pension than that allowed by the general pension laws under like Circumstances, are, in lieu of their present rate of pension, hereby declared to be en- titled to the benefits and subject to the limitations of the general pension laws entitled “An act to revise, consolidate, and amend the laws relating to pensions,” approved March third, eighteen hundred and seventy- three; and that this act go into effect from and aft- er its passage: Provided, That this act shall not be construed to reduce any pension granted by special act. (June 6, 1874, c. 219, 18 Stat. 61.) - Act March 3, 1873, c. 234, is incorporated into this title. § 9021. Same; pensioners under, not entitled under general law unless special aet states pen- sion to be additional—No person who is now re- Čeiving Or shall hereafter receive a pension under a Special act shall be entitled to receive in addition thereto a pension under the general law, unless the Special act expressly states that the pension granted thereby is in addition to the pension which said per- SOn is entitled to receive under the general law. 25, 1882, c. 349, § 5, 22 Stat. 176.) - § 9022. Indian claims—The term of limitation prescribed by sections forty-seven hundred and nine and forty-seven hundred and seventeen shall, in pending claims Of Indians, be extended to two years from and after the third day of March, eighteen hundred and Seventy-three; all proof which has heretofore been taken before an Indian agent, or before an Officer of any tribe, competent according to the rules of said tribe to administer oaths, shall be held and regarded by the Pension-Office, in the examining and determining of claims of Indians now (July On file, as Of the same validity as if taken before an officer recognized by the law at the time as compe- tent to administer oaths; all proof wanting in said Claims hereafter, as well as in those filed after the third day of March, eighteen hundred and seventy- three, Shall be taken before the agent of the tribe to Which the Claimants respectively belong; in regard to dates, all applications of Indians now on file shall be treated as though they were made before a Compe- tent Officer at their respective dates, and if found to be in all other respects conclusive, they shall be al- lowed; and Indians shall be exempted from the ob- ligation to take the oath to support the Constitution of the United States. (R. S. § 4721.) - R. S. § 4709, was repealed by Act March 3, 1879, c. 187, § 3, 20 Stat. 470, and a substitute therefor enacted in sec- tion 2 of said act, § 8996. R. S. § 4717, was repealed by Act Jan. 25, 1879, c. 23, § 3, 20 Stat. 265. Sections 1 and 2 of said Act are $$ 9002, 9003. § 9023. Provisions extended to Missouri State militia—The provisions of this Title are extended to the officers and privates of the Missouri State militia, and the provisional Missouri militia, disabled by rea- SOn Of injury received or disease contracted in the line of duty while such militia was co-operating with |United States forces, and the Widow or children of any such person, dying of injury received or disease COntracted under the Circumstances herein set forth, shall be entitled to the benefits of this Title. But the pensions on account Of Such militia shall not commence prior to the third day of March, one thou- sand eight hundred and seventy-three. (R. S. § 4722.) See §§ 9045, 9046. § 9024. Invalid law extended to Missouri mil- itia—That the provisions of the Act of June twenty- seventh, eighteen hundred and ninety, be, and are hereby, extended to include the Officers and privates Of the MissOuri State Militia and the Provisional Mis- Souri Militia who served ninety days during the late war of the rebellion, and were honorably discharged, and to the widows and minor children of such per- sons. The provisions of this Act shall include all such persons now on the pension rolls, or who may hereafter apply to be admitted thereto. (Feb. 15, 1895, No. 13, 28 Stat. 970.) Act June 27, 1890, c. 634, is §§ 8937, 8982, 8992. § 9025. Colored soldiers enrolled as “slaves” —All colored persons who enlisted in the Army during the war Of the rebellion, and who are now prohibited from receiving bounty and pension on account of be- ing borne On the rolls of their regiments as “slaves,” shall be placed. On the same footing, as to bounty and pension, as though they had not been slaves at the date of their enlistment. (R. S. § 4723.) * (R. S. § 4724. Superseded.) - This section provided that no person in the Army, Navy, or Marine Corps should draw both a pension as an in- valid and the pay of his rank, or station in the service, unless the disability for which the pension was granted be such as to Occasion his employment in a lower grade, º, he civil branch of the service. It was superseded by § 9026. Allowance to persons in Army, Navy, or Marine Corps—Hereafter no pension shall be al- lowed Or paid to any officer, non commissioned Offi- Tit. 57) 3 9035 PENSIONS IPage 1473] cer, or private in the Army, Navy, or Marine Corps of the United States, either on the active Or retired list. (March 3, 1891, c. 548, § 1, 26 Stat. 1082.) § 9027. Half-pay to widows under laws prior to June 3, 1858—All those surviving Widows and minor children who have been allowed five years' half-pay, under the provisions of any general laws passed prior to the third day of June, eighteen hun- dred and fifty-eight, are granted a continuance of such half-pay, to commence from the date Of the last payment under the respective acts of Congress granting the same, and on the terms and limitations provided in the following section. (R. S. § 4725.) § 9028. Same; to widow for life, and to chil- dren—Such half-pay is granted to such widows dur- ing life, and, where there is no widow, to the chil- dren, while under the age of sixteen years; but in Case of the remarriage or death of any such widow, the half-pay shall go to the children of the decedent on account of whose services it is claimed, while Such children are under sixteen years Of age, and no longer. (R. S. § 4726.) § 9029. Same; half-monthly pay not to ex- ceed that of lieutenant-colonel—The half-pay of such widows and children Shall be half the monthly pay of the Officers, non-Commissioned Officers, musi- cians, and privates of the infantry of the Regular Army, and no more, and no greater sum shall be al- lowed to any such widow or minor children than the half-pay of a lieutenant-Colonel. But the two preced- ing sections shall not be construed to apply to or embrace the Case of any person receiving a pension for life on the third day of June, eighteen hundred and fifty-eight; and, wherever half-pay has been grant- ed by any special act of Congress, and renewed or Continued under the provisions of those sections, the Same Shall Continue from the date above named: Pro- vided, That pensions under this and the two preced- ing sections, shall be varied in accordance with the provisions of section four thousand seven hundred and twelve of this Title. (R. S. § 4727.) R. S. § 4712, is § 9000. § 9030. Navy pensions—If any officer, warrant Or petty Officer, Seaman, engineer, first, second, or third assistant engineer, fireman or coal-heaver of the Navy or any marine has been disabled prior to the fourth day of March eighteen hundred and sixty- One by reason of any injury received or disease con- tracted in the service and line of duty, he shall be entitled to receive during the continuance of his disa- bility a pension proportionate to the degree of his disability not exceeding half the monthly pay of his rank as it existed in January eighteen hundred and thirty-five. But the pension of a chief-engineer shall be the same as that of a lieutenant of the Navy; the pension Of a first assistant engineer the same as that Of a lieutenant Of marines; the pension of a second Or third assistant engineer the same as that of a forward Officer; the pension of a fireman or coal- heaver the same as that of a seaman; but an engi- neer, fireman Or coal-heaver shall not be entitled to any pension by reason of a disability incurred prior to the thirty-first day of August eighteen hundred and forty-two. (R. S. § 4728.) § 9031. Same; engineer officers—From and aft- er the passage of this act, the pension for total dis- ability of passed assistant engineers, assistant engi- neers, and Cadet engineers in the naval service, re- Spectively, shall be the same as the pensions allowed to Officers Of the line in the naval Service with whom they have relative rank; and that all acts or parts Of acts inconsistent herewith be, and are hereby, re- pealed. (March 3, 1877, c. 121, 19 Stat. 403.) Provisions relating to engineer officers became inopera- tive on their transfer to the line by §§ 2476-2482. Grade of “cadet engineer” was abolished by § 2718, and “Naval cadet” changed to “midshipman” by § 2719. § 9032. Same; widows and children—If any person referred to in the preceding section has died COMP.ST.’18–93 ‘in allowed shall be governed by the pay in the service, of injury received or disease contract- ed under the conditions therein Stated, his widow shall be entitled to receive half the monthly pay to which the deceased Was entitled at the date of his death; and in case of her death Or marriage, the child Or children under sixteen years of age shall be entitled to the pension. But the rate of pension here- Of the Navy as it existed in January, eighteen hundred and thirty-five; and the pension of the widow of a chief engineer shall be the same as that of a widow of a lieutenant in the Navy; the pension of the widow of a first assistant engineer shall be the same as that Of the widow of a lieutenant of marines; the pension Of the Widow of a second Or third assistant engineer the same as that of the Widow of a forward officer; the pension of the widow of a fireman or coal-heaver shall be the same as that of the widow of a Seaman. But the rate of pension prescribed by this and the preceding section shall be varied from and after the twenty-fifth day of July eighteen hundred and sixty- six in accordance with the provisions of section four thousand seven hundred and twelve Of this Title; and the widow of an engineer, fireman, or coal-heaver shall not be entitled to any pension by reason Of the death of her husband if his death was prior to the thirty-first day of August eighteen hundred and forty-two. (R. S. § 4729.) T -- - - The words “preceding section” refer to § 9030. R. S. § 4712, is § 9000. § 9033. Pensions allowed before July 25, 1866, not reduced by subsequent acts; reduced pensions restored—That section three of an act en- titled “An act increasing the pensions of widows and orphans, and for other purposes,” approved July twenty-fifth, eighteen hundred and sixty-six, and Sec- tion thirteen of an act entitled “An act relating to pensions,” approved July twenty-seventh, eighteen hundred and sixty-eight, and Section forty-Seven hun- dred and twelve Of the Revised Statutes Shall not operate to reduce the rate of any pension which had actually been allowed to the commissioned, non-COm- missioned, or petty officers of the Navy or their widows or minor children, prior to the twenty-fifth day of July, eighteen hundred and sixty-six; and the Secretary of the Interior is hereby directed to restore all such pensions as have already been SO reduced to the rate Originally granted and allowed, to take effect from the date of such reduction. (June 9, 1880, c. 166, 21 Stat. 170.) Act July 25, 1866, c. 235, § 3, 14 Stat. 230, and Act July 27, 1868, c. 264, § 13, 15 Stat. 237, placed all pensioners whose rights accrued subsequent to the Revolutionary War, and before March 4, 1861, on the same footing as to rate as those pensioned under Acts passed since March 4, 1861, and fixed pensions to widows of Revolutionary Soldiers at $8 a month; and these were superseded by similar provi- sions in R. S. § 4712, which is § 9000. § 9034. Soldiers of Mexican war—Any officer, non-commissioned officer, musician or private, whether of the Regular Army or volunteers disabled by rea- son of injury received or disease contracted while in the line of duty in actual service in the War with Mexico, or in going to or returning from the same, who received an honorable discharge, shall be entitled to a pension proportionate to his disability, not ex- ceeding for total disability half the pay of his rank at the date at which he received the WOund Or Con- tracted the disease which resulted in Such disability. But no pension shall exceed half the pay of a lieu- tenant-colonel. (R. S. § 4730.) See §§ 8964, 8968, 9036–9046. § 9035. Same; widows and children—If any of— ficer or other person referred to in the preceding Section has died or shall hereafter die, by reason of any injury received or disease contracted under the circumstances therein set forth, his widow shall be entitled to receive the Same pension as the husband would have been entitled to had he been totally disabled; and in Case of her death or remarriage, # 9035 (Tit. 57 PENSIONS the child or children of such officer or other person referred to in the preceding section, while under the age of sixteen years, shall be entitled to receive the pension. But the rate of pension prescribed by this and the preceding section shall be varied after the twenty-fifth day of July, eighteen hundred and sixty- six in accordance with the provisions of section four thousand seven hundred and twelve of this Titles (R. S. § 4731.) R. S. § 4712, is § 9000. § 9036. Same; That the Secretary of the Interior be, and he is here- by, authorized and directed to place on the pension- roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof, or en route thereto, in the war with that nation, or were actually engaged in a battle in said war, and were honorably discharged, and to such other officers and Soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said War, and the surviving widow of such officers and enlisted men : Provided, That such widows have not remarried : Provided, That every Such officer, enlisted man, or widow who is or may become sixty-two years of age, or who is or may be- COme subject to any disability or dependency equiv- alent to some cause prescribed or recognized by the pension laws of the United States as a Sufficient rea- Son for the allowance of a pension, shall be entitled to the benefits of this act; but it shall not be held to include any person not within the rule of age or dis- ability or dependence herein defined, or who incur- red such disability while in any manner voluntarily engaged in or aiding or abetting the late rebellion against the authority of the United States. (Jan. 29, 1887, c. 70, § 1, 24 Stat. 371.) § 9037. Same; rate–Pensions under Section one Of this act shall be at the rate of eight dollars per month, and payable Only from and after the pas- Sage of this act, for and during the natural lives of the persons entitled thereto, or during the continu- ance of the disability for which the same shall be granted: Provided, That section one of this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dol- lars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. (Jan. 29, 1887, c. 70, § 2, 24 Stat. 371.) . . . . . See §§ 8964, 8968, 9042, 9043. . § 9038. Same; proof required; perjury; strik- ing names from rolls—Before the name of any per- Son shall be placed on the pension-roll under this act, proof shall be made, under such rules and regula- tions as the Secretary of the Interior may prescribe, Of the right of the applicant to a pension ; and any person who shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall cause See §§ 9086-9041. to be stricken from the pension-roll the name of . any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent repre- sentations, and that Such perSon is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person Of the bene- fits Of this act, but Other record evidence Of enlist- ment and Service and of an honorable discharge may be deemed sufficient ; provided, That when any per- son has been granted a land-Warrant, under any act of Congress, for and On account of service in the said war with Mexico, Such grant shall by prima facie evidence of his service and honorable discharge; but such evidence shall not be conclusive, and may be IPage 14741 soldiers and their widows— rebutted by evidence that such land-warrant was improperly granted. (Jan. 29, 1887, c. 70, § 3, 24 Stat. 371. See §§ 8964, 8968. § 9039. Same; previous laws made applicable —The pension laws now in force which are not incon- sistent or in conflict with this act are hereby made a part of this act, so far as they may be applicable thereto. (Jan. 29, 1887, c. 70, § 4, 24 Stat. 372.) § 9040. Same; persons in rebellion not exclud- ed—Section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed so far as the Same relates to this act or to pensioners under this act. (Jan. 29, 1887, c. 70, § 5, 24 Stat. 372.) R. S. § 4716, is § 9012. § 9041. Same; persons under political disa- bilities excluded—The provisions of this act shall not apply to any person While under the political dis- abilities imposed by the fourteenth amendment to the constitution of the United States. (Jan. 29, 1887, c. 70, § 6, 24 Stat. 372.) - - See § 3219. § 9042. Same; increase—That the Secretary of the Interior be, and he is hereby, authorized to in- Crease the pension of every pensioner who is now On the rolls at eight dollars per month on account of services in the Mexican war and who is wholly dis- abled for manual labor, and is in Such destitute Cir- Cumstances that eight dollars per month are insuffi- cient to provide him the necessaries of life, to twelve dollars per month. (Jan. 5, 1893, c. 18, 27 Stat. 413.) See §§ 8968, 9043. i . . § 9043. Same; extension of increase—That the benefits of the Act entitled “An Act granting increase of pension to soldiers of the Mexican war in certain cases,” approved January fifth, eighteen hundred and ninety-three, be, and they are hereby, extended to all survivors of the Mexican war who are pensionable under existing Mexican war service pension laws, and who have become or may hereafter become wholly disabled for manual labor and in such destitute cir- Cumstances that eight dollars per month are insuffi- cient to provide them the necessaries of life, ir- respective of the date of the granting of the said service pension. (April 23, 1900, c. 25i, 31 Stat. 137.) Act Jan. 5, 1893, c. 18, is § 9042. § 9044. Same; additional increase—That the Secretary of the Interior be, and he is hereby, author- ized and directed to place On the pension roll, at the rate Of twelve dollars per month, all Mexican War Sūr- vivors now on the roll, Or who may hereafter be plac- ed on the roll, under the Acts of January twenty- ninth, eighteen hundred and eighty-seven, March third, eighteen hundred and ninety-One, and February fifth, eighteen hundred and ninety-Seven. c. 1021, 32 Stat. 1228.) Act Jan. 29, 1887, c. 70, is §§ 9036–9041. Act Mar. 3, 1891, c. 568, is § 9045. Act Feb. 5, 1897, c. 248, is § 9046. See §§ 8968, 9037, 9042, 9043. * - § 9045. Same; Powell’s Battalion, Missouri (March 3, 1903, - Mounted Volunteers—That the Secretary of the In- terior be, and he is hereby, authorized and directed to place on the pension-roll the names of all of the honorably discharged surviving officers and enlisted men of Powell’s Battalion of Missouri Mounted Vol- unteers, raised under the act of Congress of May thir- teenth, eighteen hundred and forty-six, for service dur- ing the war with Mexico; and the names of the sur- viving widows of such officers and enlisted men, sub- ject to the limitations and regulations Of the pension laws of the United States for pensioning the Sur- vivors of the war with Mexico. (March 3, 1891, c. 568, 26 Stat. 1418.) See §§ 8968, 9034-9044. found in 9 Stat. 9. § 9046. Same; Gray’s Battalion, Arkansas Volunteers—That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of all of the honorably discharged surviving officers and enlisted men of Gray’s Battalion of Arkansas Volunteers, raised un- Act May 13, 1846, c. 16, is to be Tit. 57) # 9056 PENSIONS [Page 1475I der the Act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war With Mexico; and the names of surviving widows of Such officers and enlisted men, subject to the limi- tations and regulations of the pension laws of the United States for pensioning the survivors of the War with Mexico. (Feb. 17, 1897, c. 248, 29 Stat. 805.) § 9047. Widows and children of pensioners of war of 1812 and Indian wars—The widows and Children under sixteen years of age of the officers, non-COImmissioned officers, musicians and privates of the regulars, militia, and volunteers of the war of One thousand eight hundred and twelve and the vari- OuS Indian Wars since one thousand seven hundred and ninety who remained at the date of their death in the military service of the United States, or who received an honorable discharge and have died or Shall hereafter die of injury received or disease con- tracted in the service and in the line of duty shall be entitled to receive half the monthly pay to which the Čieceased was entitled at the time he received the injury or contracted the disease which resulted in his death. But no half-pay pension shall exceed the half-pay of a lieutenant-colonel and such half-pay pension shall be varied after the twenty-fifth day of July One thousand eight hundred and sixty-six in ac- Cordance with the provisions of section-four thou- Sand Seven hundred and twelve of this Title. (R. S. § 4732.) R. S. § 4712, is . § 9000. See §§ 9052-9057. § 9048. Continuance—All pensioners whose InameS are now On the pension-roll Or Who are entitled to restoration to the roll under any act of Congress, Shall be entitled to the continuance of such pensions under the provisions and limitations of this Title, and to Such further increase of pension as is herein provided. (R. S. § 4733.) § 9049. Withholding—The provisions of law which allow the withholding of the compensation of any perSOn Who is in arrears shall not be construed to authorize the pension of any pensioner of the United States to be withheld. (H. S. § 4734.) § 9050. Same; notice and hearing—Any pen- Sion heretofore or that may hereafter be granted to any applicant therefor under any law of the United States authorizing the granting and payment of pen- Sions, On application made and adjudicated upon, shall be deemed and held by all officers Of the United States to be a vested right in the grantee to that extent that payment thereof shall not be withheld or Sus- pended until, after due notice to the grantee of not less than thirty days, the Commissioner of Pensions, after hearing all the evidence, shall decide to annul, Vacate, modify, Or Set aside the decision upon which such pension was granted. Such notice to grantee must contain a full and true statement of any charges or allegations upon which such decision granting such pension shall be sought to be in any manner disturbed or modified. (Dec. 21, 1893, c. 3, 28 Stat. 16.) § 9051. Time for which a widow shall not receive pension—No pension shall be granted to a widow for the same time that her husband received one. (R. S. § 4735.) (R. S. §§ 4736–4740. Obsolete and super- Seded.) R. S. § 4736, directed the Secretary of the Interior to place on the pension roll the names of surviving officers and soldiers and sailors of the war of 1812. R. S. § 4.737, fixed the rate of pensions under the pre- ceding section at $8 per month. R. S. § 4738, granted pensions to surviving widows of officers and soldiers and sailors of the war of 1812, pro- vided the widows were married prior to the treaty of peace terminating that war and did not remarry. R. S. § 4739, provided that the proof for pensions should be made under the regulations prescribed by the Secretary of the Interior and authorized the Secretary to strike from the pension roll names put thereon through false or fraud- ulent representations. R. S. § 4740, provided that the loss of a certificate of discharge should not deprive an applicant of the benefit of sections 4736, 4737, 4738, but other proof of services per- formed and of an honorable discharge, if deemed satisfac- tory, should be sufficient. These Sections are omitted as obsolete, and as Superseded by the more inclusive provisions of §§ 9052-9057. § 9052. Soldiers and sailors of War of 1812 and widows—That the Secretary of the Interior be, and he is hereby, authorized and directed to place On the pension-rolls the names of the surviving officers and enlisted and drafted men, without regard to COIOr, including militia and volunteers, of the mili- tary and naval service of the United States, who Served for fourteen days in the war with Great Brit- ain of eighteen hundred and twelve, or who were in any engagement, and Were honorably discharged, and the Surviving widows Of Such Officers and enlisted and drafted men. (March 9, 1878, c. 28, § 1, 20 Stat. 27.) § 9053. Same; rate—This act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. Pensions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage of this act, for and during their natural lives: Pro- vided, That the pensions to widows provided for i this act shall cease when they shall marry again. (March 9, 1878, c. 28, § 2, 20 Stat. 28.) § 9054. Same; proof required; perjury; striking from rolls; loss of certificate of dis- charge—Before the name of any person Shall be placed upon the pension-rolls under this act, proof shall be made, under such rules and regulations as the Commissioner of Pensions, with the approval Of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act; and any person Who shall falsely take any Oath required to be taken under the provisions of this act shall be guilty of perjury; and the Secretary of the Interior Shall Cause to be stricken from the rolls the name Of any person, when it shall appear, by proof Satis- factory to him, that such name was put on said rolls, by Or through false or fraudulent representationS. Or by mistake as to the right Of Such perSOn to a pen- Sion under this act. The loSS Or lack of a Certificate of discharge shall not deprive the applicant Of the benefit of this act, but other proof of the service per- formed and of an honorable discharge, if satisfactory, shall be deemed Sufficient ; and when there is no record evidence of such service and such discharge, the applicant may establish the Same by Other satis- factory testimony: Provided, That when any per- son has been granted a land-warrant under any act of Congress for and on account of service in the said war of eighteen hundred and twelve, such grant shall be prima-facie evidence of his service and honorable discharge, SO as to entitle him, if living, or his Wid- ow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-Warrant was im- properly granted. (March 9, 1878, c. 28, § 3, 20 Stat. 28. ) See §§ 324, 9038, 9050, 9100. § 9055. Same; applications previously made to be considered—All applications for pensions Of the classes provided for in this act heretofore Or which may hereafter be made shall be considered and decided as though made under this act; and all laws now in force in regard to the manner of paying pen- Sions, and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act. (March 9, 1878, c. 28, § 4, 20 Stat. 28.) § 9056. Restoration of pensioners stricken from rolls for aiding rebellion—That the Secretary of the Interior be, and he is hereby, authorized and directed to restOre to the pension-rolls the names of all persons now surviving heretofore pensioned on account Of Service in the War Of eighteen hundred & 9056 (Tit. 57 PENSIONS [Page 1476] . and twelve against Great Britain, or for service in any of the Indian wars, and whose names were strick- en from the rolls in pursuance of the act entitled “An act authorizing the Secretary Of the Interior to Strike from the pension-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels,” approved February fourth, eighteen hundred and sixty-two ; and that the joint resolution entitled “Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression,” approved March second, eighteen hundred and sixty-seven, and Section four thousand seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act: Pro- Vided, That no money shall be paid to any one on ac- COunt of pensions for the time during which his name remained stricken from the rolls. (March 9, 1878, c. 28, § 5, 20 Stat. 28.) * Act Feb. 4, 1862, c. 18, is to be found in 12 Stat. 337. Res. March 2, 1867, No. 46, 14 Stat. 571, is § 6387. R. S. § 4716, prohibiting pensions to persons engaged in rebel- § º repealed by Act Aug. 29, 1916, c. 418, § 1, 39 § 9057. Widows of pensioners stricken from rolls—The surviving widow of any pensioner of the War of eighteen hundred and twelve, where the name Of Said pensioner was stricken from the pension-rolls in pursuance of the act entitled “An act authorizing the Secretary of the Interior to strike from the pen- Sion-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels,” approved February fourth, eighteen hundred and sixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act: Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pen- sioner, as provided in section five. (March 9, 1878, c. 28, § 6, 20 Stat. 28.) § 9058. Officers and men of Indian wars and widows—That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names Of the surviving officers and enlisted men, including marines, militia, and Volun- teers of the military and naval service of the United States, who served for thirty days in the Black EIawk war, the Creek war, the Cherokee disturbances, or the Florida war with the Seminole Indians, embracing a period from eighteen hundred and thirty-two to eight- een hundred and forty-two, inclusive, and were honor- ably discharged, and such other officers, soldiers, and Sailors as may have been personally named in any resolution of Congress, for any specific service in said Indian wars, although their term of service may have been less than thirty days, and the surviving widows of such officers and enlisted men: Provided, That Such widows have not remarried: Provided further, That this act shall not apply to any person not a Citi- Zen of the United States. (July 27, 1892, c. 277, § 1, 27 Stat. 281.) See §§ 9064-9066. § 9059. Same; rate and duration—Pensions un- der this act shall be at the rate of eight dollars per Imonth, and payable from and after the passage of this act, for and during the natural lives of the per- sons entitled thereto. (July 27, 1892, c. 277, § 2, 27 Stat. 282.) See § 9067. § 9060. Same; proof required; perjury; strik- ing from rolls; loss of certificate of discharge— Before the name of any person shall be placed on the pension roll under this act, proof shall be made, under Such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension ; and any person who shall falsely and Corruptly take any oath required under this act shall hundred and fifty-six ; be deemed guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the pen- Sion roll the name of any person whenever it shall be made to appear by proof satisfactory to him that Such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the Certificate of discharge shall not deprive any per- son of the benefits of this act, but other evidence of Service performed and of an honorable discharge may be deemed sufficient. (July 27, 1892, c. 277, § 3, 27 Stat. 282.) - § 9061. Same; persons excluded—This act shall not apply to any person who is receiving a pension at the rate Of eight dollars per month Or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. (July 27, 1892, c. 277, § 4, 27 Stat. 282.) § 9062. Same; laws applicable—The pension laws now in force, which are not inconsistent or in conflict with this act, are hereby made a part Of this act, SO far as they may be applicable thereto. (July 27, 1892, c. 277, § 5, 27 Stat. 282.) § 9063. Same; loyalty in civil war—Section forty-seven hundred and sixteen of the Revised Stat- utes is hereby repealed, so far as the same relates to this act or to pensioners under this act. (July 27, 1892, c. 277, § 6, 27 Stat. 282.) R. S. § 4716, prohibiting pensions to persons engaged in rebellion was repealed by Act Aug. 29, 1916, c. 418, § 1, 39 Stat. 649. § 9064. Same; residence of pensioners; proof of citizenship—That the Commissioner of Pensions be, and he is hereby, authorized and directed to accept as sufficient proof of the citizenship of an applicant for pension under said act of July twenty-seventh, eighteen hundred and ninety-two, the fact that such applicant at the date of the application was an actual and bona fide resident Of the United States. (Feb. 3, 1893, c. 58, 27 Stat. 429.) . Act July 27, 1892, c. 277, is §§ 9058-9063. § 9065. Same; extension; proof of enlistmemt; widows; remarriage; agreements for fees–That the provisions, limitations, and benefits of the Act en- titled “An Act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk War, Creek War, Cherokee disturb- ances, and the Seminole war,” approved July tWenty- seventh, eighteen hundred and ninety-two, be, and the same are hereby, extended, from the date of the pas- Sage of this Act, to the surviving officers and enlisted men, including marines, militia, and Volunteers of the military and naval service of the United States who served for thirty days or more and were honorably discharged under the United States military, State, Territorial, or provisional authorities in the Florida and Georgia Seminole Indian war of eighteen hundred and seventeen and eighteen hundred and eighteen ; the Fevre River Indian War of Illinois of eighteen hun- dred and twenty-seven; the Sac and Fox Indian war Of eighteen hundred and thirty-One ; the Sabine Indian disturbances of eighteen hundred and thirty-six and eighteen hundred and thirty-seven ; the Cayuse Indian War of eighteen hundred and forty-Seven and eighteen hundred and forty-eight, on the Pacific Coast; the Florida wars with the Seminole Indians, from eighteen hundred and forty-two to eighteen hundred and fifty- eight, inclusive; the Texas and New Mexico Indian war of eighteen hundred and forty-nine to eighteen the California Indian disturb- ances of eighteen hundred and fifty-one and eighteen hundred and fifty-two; the Utah Indian disturbances of eighteen hundred and fifty to eighteen hundred and fifty-three, inclusive, and the Oregon and Washington Territory Indian wars from eighteen hundred and fifty-one to eighteen hundred and fifty-six, inclusive; Tit. 57) # 9067a PENSIONS [Page 1477I and also to include the surviving widows of such offi- cers and enlisted men: Provided, That such widows have not remarried: And provided further, That where there is no record Of enlistment Or muster into the Service Of the United States in any Of the Wars mentioned in this Act the record of pay by the United States shall be accepted as full and satisfactory proof Of such enlistment and service: And provided further, That all COntracts heretofore made between the bene- ficiaries under this Act and pension attorneys and Claim agents are hereby declared null and void. (June 27, 1902, c. 1156, 32 Stat. 399.) Act July 27, 1892, c. 277, is §§ 9058-9063. § 9066. Same; extension to Texas volunteers who served in defense of frontier against Mexi- cans and Indians; widows; proof of enlistment or muster; contracts with attorneys and claim agents—That the provisions, limitations, and bene- fits of an Act entitled “An Act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclu- Sive, known as the Black Hawk war, Creek war, Chero- kee disturbances, and the Seminole war,” approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, extended from the date Of the passage of this Act to the surviving officers and enlisted men of the Texas volunteers who served in the defense of the frontier of that State against Mexi- Can marauders and Indian depredations from the year eighteen hundred and fifty-five to the year eighteen hundred and sixty, inclusive; and also to include the Surviving widows of such of said officers and enlisted men: Provided, That such widows have not remarried: Provided further, That where there is no record of enlistment or muster into the service of the United States in the service mentioned in this Act the fact of reimbursement to Texas by the United States, as evidenced by the muster rolls and vouchers on file in the War Department, shall be accepted as full and Satisfactory proof of such enlistment and service: And provided further, That all contracts heretofore made between the beneficiaries under this Act and pension attorneys and claim agents are hereby declared null and void. (May 30, 1908, c. 230, 35 Stat. 553.) Act June 27, 1892, c. 277, is §§ 9058–9063. § 9067. Same; increase—From and after the pas- Sage of this Act the rate of pension to surviving sol- diers of the various Indian wars who are now On the pension roll Or who may hereafter be placed thereon under the Acts of July twenty-seventh, eighteen hun- dred and ninety-two, June twenty-seventh, nineteen hundred and two, and May thirtieth, nineteen hundred and eight, shall be twenty dollars per month. (Feb. 19, 1913, c. 59, 37 Stat. 679.) Acts mentioned are $$ 9058-9063, 9065, 9066. § 9067a. Same; extension to Texas volunteers, who served in defense of frontier against In- dians; widows; proof of enlistment or muster; contracts with attorneys and claim agents—That the provisions, limitations, and bonefits of an Act en- titled “An Act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk War, Creek War, Cherokee disturb- ances, and the Seminole War,” approved July twenty- seventh, eighteen hundred and ninety-two, as amended on February nineteenth, nineteen hundred and thir- teen, be, and the same are hereby, extended from the date of the passage of this Act to the surviving officers and enlisted men. Of the Texas volunteers who served in defense Of the frontier of that State against Indian depredations from January first, eighteen hundred and fifty-nine, to January first, eighteen hundred and sixty-one, inclusive, and from the year eighteen hun- dred and sixty-six to the year eighteen hundred and seventy-seven, inclusive, and to the surviving officers and enlisted men, including militia and volunteers of the military service of the United States, who have reached the age of sixty-two years, and who served for * thirty days in the campaign in southern Oregon and Idaho and northern parts of California and Nevada from eighteen hundred and sixty-five to eighteen hun- dred and sixty-eight, inclusive; the campaign against the Sioux in Minnesota and the Dakotas in eighteen laundred and sixty-two and eighteen hundred and sixty-three, and the campaigns against the Sioux in Wyoming in eighteen hundred and sixty-five to eight- een hundred and sixty-eight; to the following Organi- zations of the First Regiment Nebraska Militia en- gaged in fighting Indians and guarding United States mails on the western frontier: Company A, First Regi- ment, First Brigade Nebraska Militia, who served from August thirtieth, eighteen hundred and sixty- four, to November twelfth, eighteen hundred and six- ty-four ; Company B, First Regiment Nebraska Mili- tia, who served from August thirteenth, eighteen hun- dred and sixty-four, to February thirteenth, , eighteen hundred and sixty-five; Company C, First Regiment, Second Brigade Nebraska Militia, who served from August twenty-fourth, eighteen hundred and Sixty- four, to February seventh, eighteen hundred and Sixty- five; to Captain Edward P. Childs's artillery detach- ment, Nebraska Militia, who served from August thir- tieth. eighteen hundred and sixty-four, to NOVember twelfth, eighteen hundred and sixty-four; and Com- pany A, First-Regiment, Second Brigade Nebraska Militia, who served from August twelfth, eighteen hundred and sixty-four, to December twenty-fourth, eighteen hundred and sixty-four ; the campaign against the Cheyennes, Arapahoes, Kiowas, and Comanches in Kansas, Colorado, and Indian Territory from eighteen hundred and Sixty-Seven to eighteen hundred and sixty-nine, inclusive; the Modoc War of eighteen hundred, and seventy-two and eighteen hun- dred and seventy-three; the Campaign against the Apaches of Arizona and New Mexico, or either of them, in eighteen hundred and seventy-three ; the campaign against the Kiowas, Comanches, and Chey- ennes in Kansas, Colorado, Texas, Indian Territory, and New Mexico in eighteen hundred and seventy-four and eighteen hundred and seventy-five; the campaign against the Northern Cheyennes and Sioux in eighteen hundred and seventy-six and eighteen hundred and seventy-seven ; the Nez Perce War of eighteen hun- dred and seventy-seven ; the Bannock War of eighteen hundred and seventy-eight; the Campaign against the Northern Cheyennes in eighteen hundred and seventy- eight and eighteen hundred and seventy-nine; the Campaigns in the Black Hawk Indian war in Utah from eighteen hundred and sixty-five to eighteen hun- dred and sixty-seven, inclusive ; the campaign against the Ute Indians in Colorado and Utah, from Septem- ber, eighteen hundred and seventy-nine, to November, eighteen hundred and eighty, inclusive; the campaign against the Apache Indians in Arizona and New Mexi- Co, or either of them, in eighteen hundred and eighty- five and eighteen hundred and eighty-six ; and the campaign against the Sioux Indians in South Dakota, from November, eighteen hundred and ninety, to Jan- uary, eighteen hundred and ninety-One, inclusive: ; and also to include the surviving widows of said officers and enlisted men Who Shall have married Said Sur- vivor prior to the passage of this Act: Provided, That such widows have not remarried: Provided further, That this Act shall extend also to the surviving officers and enlisted men of the organization known as Tyler’s Rangers, recruited at Black Hawk, Colorado, eighteen hundred and sixty-four, for Services against the In- dians: Provided further, That if any certain One of the said campaigns did not cover a period of thirty days, the provisions of this Act shall apply to those who served during the entire period of said campaign: Provided further, That where there is no record of en- Iistment or muster into the service of the United States in any of the Wars mentioned in this Act, the record Of pay by the United States shall be accepted as full and satisfactory proof of such enlistment and service: And provided further, That all contracts 3 9067b (Tit. 57 PENSIONS IPage 1478] heretofore made between the beneficiaries under this Act and pension attorneys and claim agents are here- by declared null and void. (March 4, 1917, c. 189, § 1, 39 Stat. 1199.) * § 9067 b. Same; period of service—The period Of Service performed by beneficiaries under this Act shall be determined by reports from the records of the War Department, where there is such a record, and by the reports from the records Of the Treasury Department showing payment by the United States where there is no record of regular enlistment or mus- ter into the United States military service: Provided, That when there is no record of Service or payment for same in the War Department or Treasury Depart- ment, the applicant may establish the service by sat- isfactory evidence from the muster rolls On file in the several State or Territorial archives: And pro- vided further, That the Want of a certificate of dis- charge shall not deprive any applicant of the benefits of this Act. (March 4, 1917, c. 189, § 2, 39 Stat. 1200.) § 90.67 c. Same; ioyalty in civil war—The pro- visions of section forty-seven hundred and sixteen of the Revised Statutes shall not apply to applicants for pension under this Act. (March 4, 1917, c. 189, § 3, 39 Stat. 1201.) § 9068. Officers and seamen of revenue-cut- ters—The Officers and seamen of the revenue-Cutters of the United States, who have been or may be WOund- ed or disabled in the discharge of their duty while co-operating with the Navy by Order of the President, shall be entitled to be placed on the Navy pension- list, at the same rate of pension and under the same regulations and restrictions as are provided by law for the officers and seamen of the Navy. (R. S. § 4741.) See § 8935. § 9069. Claims for Revolutionary pensions prohibited—From and after the second day of April, eighteen hundred and sixty-two, no claim for a pen- Sion, or for an increase of pension, shall be allowed in favor of the children or other descendants of any person who served in the war of the Revolution, or Of the widow of Such person, when Such perSOn Or his widow died without having established a claim to a pension. (R. S. § 4742.) - (R. S. § 4743. Obsolete.) This section prescribed the evidence necessary to enable a widow of a Revolutionary soldier to procure a pension. It is omitted as obsolete. § 9070. Army nurses—All women employed by the Surgeon-General of the Army as nurses, under contract or otherwise, during the late War Of the re- bellion, or who were employed as nurses during Such period by authority which is recognized by the War Department, and who rendered actual Service as nurs- es in attendance upon the sick or wounded in any regimental, post, camp, or general hospital of the armies of the United States for a period of Six months or more, and who were honorably relieved from such service, and who are now Or may here- after be unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of the Interior may pro- vide, be placed upon the list of pensioners of the United States and be entitled to receive a pension of twelve dollars per month, and such pension Shall COm- mence from the date of the filing of the application in the Pension Office after the passage of this Act: Provided, That no person shall receive more than one pension for the same period. (Aug. 5, 1892, C. 379, § 1, 27 Stat. 348.) g § 9071. Same; compensation of claim agents —No fee, compensation, or allowance shall be paid to, received, or accepted by any agent, attorney, Or Other person instrumental in the prosecution of any claim for pension under this Act; and any person who may make any claim upon any applicant for any fee, compensation, or allowance shall be guilty of a misde- meanor, and upon conviction shall be fined not ex- ceeding five hundred dollars, or imprisoned at hard labor not exceeding one year, or both, in the discre- tion of the court; and it shall be the duty Of the In- terior and War Departments to render all proper aid to applicants under this Act. (Aug. 5, 1892, c. 379, § 2, 27 Stat. 349.) 4 - § 9072. Minimum rate—From and after the pas- Sage of this Act, all pensioners now on the rolls, who are pensioned at less than six dollars per month, for any degree Of pensionable disability, shall have their pensions increased to six dollars per month ; and that hereafter, whenever any applicant for pen- sion would, under existing rates, be entitled to less than six dollars for any single disability, Or several Combined disabilities, such pensioner shall be rated at not less than six dollars per month: Provided also, That the provisions hereof shall not be held to COver any pensionable period prior to the passage of this Act, nor authorize a re-rating of any claims for any part of such period, nor prevent the allowance of low- er rates than six dollars per month, according to the existing practice in the Pension Office in pending Cases Covering any pensionable period prior to the passage Of this Act. (March 2, 1895, c. 161, 28 Stat. 704.) § 90.73. Investigating frauds; special service —The Commissioner of Pensions is authorized to de- tail from time to time clerks or persons employed in his office to make special examinations into the merits of such pension or bounty land claims, whether pend- ing or adjudicated, as he may deem proper, and to aid in the prosecution of any party appearing On Such examinations to be guilty of fraud, either in the pres- entation or in procuring the allowance of such claims; and any person so detailed shall have power to ad- minister oaths and take affidavits and depositions in the course of such examinations, and to Orally ex- amine witnesses, and may employ a stenographer, when deemed necessary by the Commissioner of Pen- Sions, in important cases, such stenographer to be paid by such clerk or person, and the amount SO paid to be allowed in his accounts. (R. S. § 4744, amended, July 25, 1882, c. 349, § 2, 22 Stat. 175.) Provision for a per diem allowance in lieu of Subsistence, pursuant to § 3236b, was made by Act Mar. 3, 1917, c. 163, § 1, 39 Stat. 1104. § 9074. Same; compensation—The additional compensation authorized by section four thousand seven hundred and forty-four of the Revised Statutes, to be paid to clerks detailed to investigate suspected attempts of fraud upon the Government through and by virtue of the pension-laws, shall be the actual and necessary expenses of transportation, and a per diem allowance in lieu of subsistence, not exceed- ing four dollars per diem. (March 3, 1875, c. 130, § 1, 18 Stat. 374.) R. S. § 4744, is § 9073. § 9075. Same; subpoena to witnesses; , wit: nesses’ fees—In addition to the authority Conferred by section one hundred and eighty-four, title four Of the Revised Statutes, any judge or clerk of any Court of the United States in any State, District, or Terri- tory shall have power, upon the application of the Commissioner of Pensions, to issue a subpoena for a witness, being within the jurisdiction of Such court, to appear, at a time and place in the Subpoena Stated, be- fore any officer authorized to take depositions to be used in the courts of the United States, or before any officer, clerk, or person from the Pension Bureau designated or detailed to investigate or examine into the merits of any pension claim and authorized by law to administer oaths and take affidavits in Such investigation or examination, there to give full and true answers to such written interrogatories and CrOSS interrogatories as may be propounded, Or to be Orally examined and cross-examined upon the subject of such claims; and witnesses subpoenaed pursuant to this and the preceding section shall be allowed the same compensation as is allowed Witnesses in the Tit. 57) § 9083 PENSIONS IPage 1479] courts of the United States, and paid in the same man- ner. (July 25, 1882, c. 349, § 3, 22 Stat. 175.) R. S. § 184, is § 266. § 9076. Same; special examiners authorized to administer oaths—The same power to administer oaths and take affidavits, which by virtue of section forty-seven hundred and forty-four of the Revised Statutes is COnferred upon Clerks detailed by the Commissioner Of Pensions from his Office to investi- gate suspected attempts at fraud. On the Government through and by Virtue Of the pension laws, , and to aid in prosecuting any person so offending, shall be, and is hereby, extended to all special examiners Or addi- tional Special examiners employed under authority of Congress to aid in the same purpose. (March 3, 1891, c. 548, § 3, 26 Stat. 1083.) R. S. § 4744, is § 9073. § 9077. Pledge or transfer of pension; penal- ty; retaining pension certificate—Any pledge, mortgage, sale, assignment, or transfer of any right, claim, Or interest in any pension which has been, Or may hereafter be, granted, Shall be Void and Of no effect, and any person who shall pledge, or receive as a pledge, mortgage, sale, assignment or transfer Of any right, Claim, Or interest in any pension, Or pension certificate, which has been, or may hereafter be granted or issued, Or who shall hold the same as collateral security for any debt, or promise, or upon- any pretext of such security, or promise, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding One hundred dollars and the costs Of the prosecution; and any person who shall retain the certificate of a pensioner and refuse to surrender the same upon the demand of the Commissioner of Pensions, [or a United States pension agent, or any other person, authorized by the Commissioner of Pensions, or the pensioner, to receive the same shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars and the Costs of the prosecution. (R. S. § 4745, amended, Feb. 28, 1883, c. 58, § 2, 22 Stat. 432.) - Words in brackets superseded by repeal of R. S. § 4778, authorizing appointment of pension agents, to take effect after Jan. 31, 1913, by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312. See §§ 8932a-8932uu. § 9078. Claim agent withholding discharge pa- pers—Any claim-agent, attorney, or other perSon en- gaged in the collection of claims for pay, bounty, pen- Sion, or other allowances for any Soldier, Sailor, Or marine, or for any commissioned officer of the mili- tary or naval forces, or who may have been a Soldier, sailor, marine, or officer of the regular or Volunteer forces of the United States, and honorably discharged, who shall retain, without the consent of the Owner or owners thereof, or shall refuse to deliver or ac- count for the same upon demand duly made by the Owner Or Owners thereof, or by their agent or attorney, the discharge-papers or land-warrant of any Such soldier, sailor, or marine, or commissioned Officer, which may have been placed in his hands for the purpose of collecting said claims, shall be deemed guilty of a misdemeanor, and shall, upon Conviction, be punished by fine not exceeding five hundred dol- lars, or by imprisonment not exceeding six months, Or both, at the discretion of the court, and shall there- after be debarred from prosecuting any such claim in any executive department of the government. . (May 21, 1872, c. 178, 17 Stat. 137.) § 90'79. False affidavit and postdating vouch- ers; false certificate to votichers—That every per- Son who knowingly Or willfully makes Or aids, Or as- sists in the making, Or in any wise procures the mak- ing or presentation of any false or fraudulent affida- wit, declaration, certificate, voucher, or paper or writ- ing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Commissioner of Pensions or of the Secretary of the Interior, or who knowingly or willfully makes or causes to be made, or aids or assists in the making, or presents or causes to be presented [at any pension agency] any power of attorney Or other paper required as a voucher in drawing a pension, which paper bears a date Subse-, Quent to that upon which it was actually signed Or acknowledged by the pensioner, and every person be- fore whom any declaration, affidavit, voucher, or oth- er paper Or writing to be used in aid of the prosecu- tion of any claim for pension or bounty land or pay- ment thereof purports to have been executed who shall knowingly certify that the declarant, affiant, Or wit- ness named in such declaration, affidavit, Voucher, or Other paper or Writing perSOnally appeared before him and was sworn thereto, or acknowledged the execu- tion thereof, when, in fact, such declarant, affiant, or Witness did not personally appear before him or was Inot SWOrn thereto, Or did not acknowledge the exe- Cution thereof, shall be punished by a fine not ex- ceeding five hundred dollars, or by imprisonment for a term of not more than five years. (R. S. § 4746, amended, July 7, 1898, c. 578, 30 Stat. 718.) Words in brackets superseded by repeal of R. S. § 4780, authorizing establishment of pension agencies, to take ef- fect after Jan. 31, 1913, and by abolition of agencies from that date, by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312. Provisions for vouchers, contained in R. S. §§ 4764, 4765, 4768, was also superseded. § 9080. Attachment—NO sum of money due, or to become due, to any pensioner shall be liable to at- tachment, levy; or seizure by or under any legal or equitable process whatever, whether the same remains with the Pension-Office, or any officer or agent there- of, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. (R. S. § 4747.) § 9081. Printed instructions furnished free— That the Commissioner of Pensions, On application being made to him in person, or by letter, by any claimant or applicant for pension, bounty-land, or oth- er allowance required by law to be adjusted or paid by the Pension-Office, shall furnish such person, free Of all expense, all such printed instructions and forms aS may be necessary in establishing and Obtaining said claim ; and on the issuing of a certificate of pen- sion or of a bounty-land warrant, he shall forthwith notify the Claimant or applicant, and also the agent or attorney in the case, if there be One, that such Cer- tificate has been issued, or allowance made, and the date and amount thereof. (R. S. § 4748.) w § 9082. Deserters—No soldier or sailor shall be taken or held to be a deserter from the Army or Navy who faithfully served according to his enlistment until the nineteenth day Of April, eighteen hundred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall Operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in Consequence of his deser- tion. (R. S. § 4749.) See §§ 2298-2307, 2954–2960. - § 9083. Navy pension-fund; trustee—The Sec- retary of the Navy shall be trustee of the Navy pen- Sion-fund. (R. S. § 4750.) (R. S. § 4751. Repealed.) This section provided that penalties and forfeitures in- curred under R. S. §§ 2461, 2462, 2463, ante, §§ 4980-4982, should be sued for and recovered under the directions of the Secretary of the Navy, and one-half paid to the in- former and one-half to the Secretary of the Navy for the Navy pension fund, and authorized the Secretary to miti- gate any fine, penalty, or forfeiture so incurred. It was repealed so far as it applied to the “States of California, Oregon, Nevada, and Washington Territory,” by Act June 3, 1878, c. 151, § 5 (§ 4988), and, for the purpose of making the provisions of said act applicable to all the public land states, it was amended by striking out the quoted words above, and inserting in lieu thereof the words “public land states,” by Act Aug. 4, 1892, c. 375, § 2, 27 Stat. 348, § 4671. The provisions of this section relating to the red overy, disposition, etc., of penalties and forfeitures, were Super- seded by §. 4987. ſ % 9084 (Tit. 57 PENSIONS “y [Page 1480 I § 9084. Same; prize-money—All money accru- ing or which has already accrued to the United States from sale of prizes shall be and remain forever a fund for the payment of pensions to the officers, seamen, and Imarines who may be entitled to receive the same ; and if such fund be insufficient for the purpose, the public faith is pledged to make up the deficiency; but if it should be more than sufficient, the surplus Shall be applied to the making of further provision for the comfort Of the disabled officers, seamen, and ma- rines. (R. S. § 4752.) See § 8396. § 9085. Same; investment—The Secretary of the Navy, as trustee of the naval pension-fund, is di- rected to Cause to be invested in the registered securi- ties of the United States, on the first day of January and the first day of July of each year, so much of Such fund then in the Treasury of the United States aS may not be required for the payment of naval pen- Sions for the then current fiscal year; and upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current fiscal year shall be held in the Treasury on the days above named in each year, Subject to his order, for the purpose of such immediate investment; and the interest payable in Coin upon the securities in which the fund may be invested, shall be so paid, when due, to the Order of the Secretary of the Navy, and he is authorized and Girected to exchange the amount of Such interest when paid in coin, for so much of the legal currency of the United States as may be obtained therefor at the Cur- rent rates Of premium On gold, and to deposit the in- terest SO Converted in the Treasury to the credit of the naval pension-fund ; but nothing herein contained shall be construed to interfere with the payment of naval pensions under the supervision of the Secretary Of the Interior,’ as regulated by law. (R. S. § 4753.) § 9086. Same; rate of interest—The interest on the naval pension-fund shall hereafter be at the rate Of three per centum per annum in lawful money. (R. S. § 4754.) § 9087. Same; pensions payable from—The Navy pensions shall be paid from the Navy pension- fund, but no payments shall be made therefrom ex- Cept upon appropriations authorized by Congress. (R. S. § 4755.) Provision for fiscal year 1917 was by Act March 3, 1917, C. 170. 39 Stat. 1132. § 9088. Navy or Marine Corps; half-rating to disabled enlisted persons serving twenty years— There shall be paid out of the naval pension-fund to every person who, from age or infirmity, is disabled from Sea-service, but who has served as an enlisted person or as an appointed petty officer, or both, in the Navy or Marine Corps for the period of twenty years, and not been discharged for misconduct, in lieu of be- ing provided with a home in the Naval Asylum, Phila- delphia, if he so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the Commissioner of Pensions; and applications for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and Such cer- tificate shall be his warrant for making payment as herein authorized. (R. S. § 4756, amended, Dec. 23, 1886, c. 9, 24 Stat. 353.) § 9089. Same; serving not less than ten years —Every disabled person who has served in the Navy Or Marine Corps as an enlisted man or as an appoint- ed petty Officer, or both, for a period not less than ten years, and not been discharged for misconduct, may apply to the Secretary of the Navy for aid from the surplus in COme Of the naval pension-fund ; and the Secretary Of the Navy is authorized to Convene a board Of not less than three naval officers, One of whom shall be a Surgeon, to examine into the condi- tion of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy, and certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in the preceding sec- , tion for the payment to persons disabled by long serv- ice in the Navy; but no allowance so made shall ex- Ceed the rate of a pension for full disability corre- Sponding to the grade of the applicant, nor, if in ad- dition to a pension, exceed one-fourth the rate of such pension. (R. S. § 4757, amended, Dec. 23, 1886, c. 9, 24 Stat. 353.) *: § 9090. Privateer pension-fund; trustee—The Secretary of the Navy shall-be trustee of the privateer pension-fund. (R. S. § 4758.) § 9091. Šame; how derived—Two per centum on the net amount, after deducting all Charges and ex- penditures, of the prize-money arising from captured Vessels and Cargoes, and On the net amount Of the Salvage of vessels and Cargoes recaptured by the private armed Vessels Of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States at which such captured Or recaptured vessels may arrive; Or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such Captured or recaptured vessels may arrive. And the moneys arising therefrom are pledged by the Govern- ment of the United States as a fund for the support and maintenance of the Widows and Orphans Of Such persons as may be slain, and for the support and maintenance Of Such perSons as may be wounded and disabled on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as is or may be provided by law. (R. S. § 4759.) $ 9092. Same; pay’ament into Treasury—The two per Centum reserved in the hands Of the Collec- tors and Consuls by the preceding Section, shall be paid to the Treasury, under the like regulations pro- vided for other public money, and shall constitute a fund for the purposes provided for by that section. (R. S. § 4760.) § 9093. Privateersmen placed on pension-list —The Secretary of the Interior is required to place On the pension-list, under the like regulations and restrictions as are used in relation to the Navy Of the United States, any Officer, Seaman, Or marine, who, On board Of any private armed Vessel bearing a Com- mission of letter of marque, shall have been wound- ed or otherwise disabled in any engagement with the enemy, or in the line of their duty as officers, seamen, or marines of such private armed vessel; allowing to the captain a sum not exceeding twenty dollars per month; to lieutenants and sailing-master a sum not exceeding twelve dollars each per month; to marine Officer, boatswain, gunner, Carpenter, mas- ter’s mate, and prize-masters, a sum not exceeding ten dollars each per month; to all other officers a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in proportion; and to a Seaman, or acting as a marine, the sum of six dollars per month, for the highest rate of disabil- ity, and SO in proportion; which several pensions shall be paid from moneys appropriated for the pay- ment of pensions. (R. S. § 4761.) § 9{}94. Commanding officers of privateers to enter names in journal—The Commanding officer of every vessel having a Commission, or letters of marque and reprisal, shall enter in his journal the name and rank Of any Officer, and the name of any Seaman, who, during his Cruise, is wounded or dis- abled, describing the manner and extent, as far as practicable, of such wound or disability. (R. S. § 4762.) § 9095. Same; transcript transmitted to Sec- retary of Navy—Every collector shall transmit quar- terly to the Secretary of the Navy a transcript of Tit. 57) § 9098 PENSIONS [Page 14811 Such journals as may have been reported to him, so far as it gives a list of the Officers and crew, and the description of Wounds and disabilities, the better to enable the Secretary to decide on claims for pen- Sions. (R. S. § 4763.) (R. S. §§ 4764, 4765. Superseded.) R. S. § 4764, required pension agents to send quarterly vouchers to each pensioner. R. S. § 4765, authorized the issuance of pension checks on the receipt of pension vouch- ers properly executed. Both sections were superseded by the repeal of R. S. §§ 4778, 4780, and by abolition of pen- Sion agencies, by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312, and also by provisions for the payment of pensions by Checks without vouchers, except when deemed necessary by the Secretary of the Interior to protect the Government, Contained in section 3 of said act (§ 9108). The provi- Sions for the grouping of pension agencies in groups for quarterly payment of pensions by groups, of Act March 3, 1891, c. 548, § 2, 26 Stat. 1082, thereby amending R. S. § 4764, so as to conform to the changes in the time of payment, were also superseded by said act. ProVisions de- fining the officers authorized to administer oaths to pen- Sioners and Witnesses in execution of Vouchers, made by Act March 1, 1889, c. 332, 25 Stat. 782, Act Aug. 23, 1894, c. 319, 28 Stat. 499, and Act June 25, 1910, c. 413, § 2, 36 Stat. 843, were also superseded by said act. § 9096. Payment to persons entitled only— Hereafter no pension shall be paid to any person Other than the pensioner entitled thereto, nor other- Wise than according to the provisions Of this title; and no Warrant, power of attorney, or other paper executed or purporting to be executed by any pension- er to any attorney, claim agent, broker, or other per- SOn Shall be recognized by any agent for the pay- ment Of pensions, nor shall any pension be paid there- On; but the payment to persons laboring under legal disabilities may be made to the guardians of such per- SOnS in the manner herein prescribed, and pensions payable to persons in foreign countries may be made according to the provisions of existing laws: Provid- ed., That in Case of an insane invalid pensioner having no guardian, but having a wife Or children dependent Upon him (the wife being a woman of good character), the Commissioner of Pensions is hereby authorized, in his discretion, to cause the pension to be paid to the Wife, upon her properly-executed voucher, or in Case there is no wife, to the guardian Of the children, upon the properly-executed voucher Of Such guardian, and in like manner to cause the pension of invalid pensioners who are or may hereafter be imprisoned as punishment for offenses against the laws to be paid While so imprisoned to their wives or the guardians of their children. And pensions to Indian pensioners residing in the [Indian Territory] may be paid in per- SOn [by the pension agent,J upon a suitable voucher, at some convenient point in said Territory, which, together with the form and manner of identification Of the pensioners, may be prescribed by the Secretary Of the Interior; such payments to be made in standard Silver, at least once in each current year. And pay- ments in person shall be made to the pensioner, in Cash, by [the pension agent] whenever in the discre- tion of the Commissioner of Pensions such personal payment shall be by him deemed necessary or proper to Secure to the pensioner his rights; and the necessary and actual expenses [of such pension agent] in making Such payments shall be paid by the Secretary of the Interior upon properly-executed vouchers, out of the COntingent fund appropriated for the use of the Pen- SiOn Office. The Commissioner of Pensions may, when in his judgment it shall be deemed necessary or proper, Visit in person, for the purpose of examination and inspection, or may send any one or more of the Offi- cers of his bureau for that purpose, [any of the pen- SiOn agencies] or medical examining boards or Sur- geons; and the necessary and actual expenses of such Visits shall be paid by the Secretary of the Interior, upon properly executed vouchers, Out Of the contin- gent fund of said bureau. Provided further, That in case a resident pensioner of the United States shall for a period of over six months desert his lawful wife, She being a WOman. Of g0Od moral character and in necessitous circumstances, or, if he have no lawful wife, shall desert his legitimate minor child or chil- dren under sixteen years of age, or his permanently helpless and dependent child, the Commissioner Of Pensions is hereby directed, upon being satisfied by COmpetent evidence Of Such desertion, to cause One- half Of the pension due or to become due said pen- Sioner during the continuance of such desertion to be paid to the Wife, or in Case there is no wife, to the le- gal guardian of the child Or children : Provided fur- ther, That when a soldier or sailor enters into a State home for Soldiers Or Sailors as an inmate thereof, One- half of his pension accruing during his residence therein shall be paid to his wife, she being a woman Of good moral Character and in necessitous Circum- stances, Or if there be no wife, then to his Child Or Children under sixteen years of age, Or his permanent- ly helpless and dependent Child, if any, unless Such Wife and children shall also be inmates Of the same institution or of some home provided for the wives and children Of Soldiers and Sailors : Provided fur- ther, That if any such pensioner is or shall become an inmate of a National Soldiers’ Home One-half of the pension drawn in his behalf or to which he may become entitled during his residence therein shall be paid by the treasurer of that institution to such pen- SiOner's Wife, She being in necessitolls circumstanceS and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor Child Or children, or the permanently dependent and helpless child Or children of such pensioner, on the Order of the Commissioner of Pensions: Provided further, That hereafter no pension under any law Of the United States shall be granted, allowed, or paid to the widow Of a Soldier, sailor, officer, Ilaval or military, marine, marine Officer, or any other male person entitled to a pension under any law of the United States, unless it Shall be proved and established that the marriage Of Such widow to the Soldier, sailor, Officer, marine, Or Other person. On account of whose service the pension is asked, was duly and legally contracted and entered into prior to the passage of this Act, Or unless such Wife Shall have lived and cohabited with Such Sol- dier, sailor, officer, marine, marine officer, or other person Continuously from the date of the marriage to the date of his death, Or unless the marriage shall take place hereafter and prior to or during the mili- tary or naval service of the soldier, sailor, officer, marine, or other person. On account of whose Service the pension is asked or claimed. This proviso shall not apply to or affect the widow of any soldier, sail- Or, marine, officer, or marine Officer Serving or who has served in the War between the United States and the Kingdom of Spain. In all cases the questions of desertion, entrance into a home, necessitous Circum- stances, and of good moral character shall be ascer- tained and determined by the Commissioner of Pen- Sions under such rules and regulations as he shall prescribe, and the treasurers or governors of the sev- eral Soldiers’ and sailors’ homes shall be advised of such action from time to time. (R. S. § 4766, amend- ed. Aug. 8, 1882, c. 469, 22 Stat. 373, and March 3, 1899, c. 460, 30 Stat. 1379.) * Words in brackets, relating to pension agents and agen- cies, superseded by repeal of R. S. §§ 4778, 4780, and by Act June 16, 1906, c. 3335, 34 Stat. 267, abolishing pension agencies, and words “Indian Territory,” also in bracketS, superseded by admission of Oklahoma, and Indian Terri- tory by Act June 16, 1906, c. 3335, 34 Stat. 267. See §§ 9097, 9098, 9108, 9227, 9265–9267, 9293. § 9097. Same; non-residients; power of at- torney—Hereafter no pensions shall be paid upon power of attorney from pensioners residing in foreign Countries. (March 14, 1898, c. 60, 30 Stat. 276.) See § 9108. § 9098. Same; inmates of state soldiers” and sailors’ homes—From and after the passage of this Act all pensioners who may be inmates of any SO1- diers’ and sailors’ home, or other institution main- tained by any State for the benefit of dependent Or Other disabled volunteer soldiers, shall have their respective pensions paid to them directly instead of to the treasurer or other officer of the home or in- $ 9099 PENSIONS (Tit. 57 IPage 1482] stitution at Which they may be respectively located. (May 28, 1908, c. 208, 35 Stat. 419.) y (R. S. §§ 4767-4769. Superseded.) R. S. § 4767, authorized the Secretary of the Interior to prºvide suitable blanks for pension vouchers and dis- tribute them to the pension agents for the payment of pensions. , R. S. § 4768, required the Commissioner of Pen- Sious to for Ward the certificate of pension granted in àIly çaise to the proper pension agent, and, at the same time, forward one of the articles of agreement, filed and approv- ed by the Commissioner, between the claimant and the attorney Ol' a 3ent, or the Commissioner must direct that à fee of $10. Only be paid the attorney or agent. R. S. § 4769, authorized pension agents to deduct the fees Of at- torneys trom the amount due pensioners. All these sec- tions, Were superseded by the repeal of R. S. §§ 4778, 4780, and by the apolition of pension agencies by Act Aug. 17, 1914, C. 30l., § 1, 87 Stat. 312, and also by the provisions for the payrıment Of pensions by agents without VOucilers, lin- less required by the Secretary of the Interior to protect jº, Government, contained in section 3 of said act (§ (R. S. § 4770. Hepealed.) This Section authorized the issuance and paylinent of duplicate checks in place of original checks issued for pell- slons When lost, stolen, or destroyed, under 1. G3 Ulla.[10]].S Which the Secretary of the Treasury might prescribe. It Was repealed by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252. Provisions for the issuance of duplicate checks, upon the Qriginal being lost, stolen, or destroyed, were made by R. S. § 3646 (§ 6645). (R. S. §§ 4771–4773. Repealed.) ... R. S. § 4771, provided that, in all cases of application for the payment or pensions to invalid pensioners to Septem- ber 4th of an odd year, uhe certificate of an examining Surgeon, stating the continuance of the disability for which the pension Was originally granted, and the degree of dis- ability at the time or making the cert IIlcate, should accom- pally the Vouchers, and a duplicaue unereof should be filed in the office of the Commissioner of Pensions, and if, in a case of continued disability, it should be stated at a. degree below that for which the pension was originally granted, or Was last paid, the pensioner should only be paid for the quarter then due at the rate stated in the certificate, but in case of permanent disability the above Certificate Should be necessary to entitle the pensioner to payment. R. S. § 4772, authorized the Comillissioner of Pensions to require a more frequent examination. R. S. § 4773, provided that the biennial cerullicate of two unap- pointed civil Surgeons should not be accepted except on Satisfactory evidence that an examlination by a duly ap- pointed Surgeon was impracticable. All these Sections were repealed by Act June 21, 1879, c. 34, § 3, Which also con- tained provisions authorizing the Commissioner of Pen- Sions to Order Special examlilations of pensioners (§ 9099). § 9099. Examination of pensioners; iegal- tender currency held for rederaiption of frac- tional currency issued in payırlexit of arrears- The Comillissioner of Pensions shall have the same power as heretofore to order special examinations, Whenever, in his judgment, the Salme Imay be neces- sary, and to increase or reduce the pension accord- ing to right and justice; but in no case Shall a pen- Sion be withdrawn or reduced except upon notice to the pensioner and a hearing upon sworn testimony, except as to the Certificate of the examining Surgeon. In Order to provide for the speedy payment of ar- rearages Of pensions, the Secretary of the Treasury is hereby authorized and directed to issue immediate- ly in payment thereof, as they may be adjusted, the legal-tender currency, now in the United States Treas- ury, held as a special fund for the redemption of fractional currency under section one of joint resolu- tion number Seventeen of the Congress of the United States, approved July twenty-second, eighteen hun- dred and seventy-six. (June 21, 1879, c. 34, § 3, 21 Stat. 30.) Res. July 22, 1876, No. 17, is §§ 6545-6547. See §§ 6548, 9050, 9108. (R. S. § 4774. Superseded.) This Section authorized the Commissioner of Pensions to organize, at his discretion, boards of examining surgeons, not exceeding three members, and each member actually present and making, in connection with the other mem- bers or member, an ordered or periodical examination, was entitled to a fee of one dollar. It was superseded by § 9100. § 9100. Boards of examining surgeons; re- viewing boards; examinations; fees; expert surgeons; fees for examination of non-residents —The Commissioner of Pensions is hereby authorized to appoint Surgeons Who, under his control and direc- tion Shall make such examination of pensioners and claimants for pension or increased pension as he shall require ; and he shall organize boards of surgeons, to Consist Of three members each, at such points in each State as he shall deem necessary, and all examina- tions, SO far as practicable, shall be made by the boards, and no examination shall be made by one sur- geon eXCepting under Such circumstances as make it impracticable for a claimant to present himself before a board: Provided, That the Commissioner may, When in his Opinion the exigencies of the service re- Quire it, Organize a board of three surgeons who, un- der his direction, shall review the work of any regu- larly-appointed board or surgeon: Provided further, That all examinations shall be thorough and Search- ing, and the certificate contain a full description of the physical condition of the claimant at the time, which shall include all the physical and rational signs and a Statement of all structural changes. The fee for each examination, and satisfactory certificate thereof, shall be two dollars to each member when made by a board, and two dollars when made by One surgeon: Provided, That when a claimant is so dis- abled as not to be able to present himself to a board of surgeons for examination, the Commissioner may Order a Surgeon to make the examination at the claim- ant’s residence; and the fee for such examination shall be two dollars in addition to the payment of the actual traveling expenses of the surgeon: Pro- vided further, That no fee shall be allowed or paid to any member of Such board of examining Surgeons who does not actually participate in such examination and sign the Certificate thereof. The Commissioner may, when in his judgment the degree of disability cannot be determined truthfully or satisfactorily excepting by expert examination, employ an expert, not a reg- ularly appointed Surgeon, to make the examination ; and the fee for Such examination Shail be five dol- lars: Provided, That the fee for an expert exam- ination shall not be paid to any regularly-appointed examining Surgeon. The fee for the examination of Claimants who reside Out Of the United States shall not exceed ten dollars, which shall be paid, upon the presentation of satisfactory vouchers, out of the ap- propriation for the payment of the examining sur- geons, and through the United States Consulate near- est to the claimant’s place of residence. (July 25, 1882, c. 349, § 4, 22 Stat. 175.) § 9 iO1. Same; fees; reports; special exam- iners’ reports—Hereafter each member of each ex- amining board shall receive the sum of three dollars for the examination of each applicant whenever five Or a less number shall be examined On any One day and One dollar for the examination of each addition- al applicant on such day: Provided, That if twenty or more applicants appear on One day no fewer than twenty shall, if practicable, be examined on said day, and that if fewer examinations be then made, twenty or more having appeared, then there shall be paid for the first examinations made On the next eXalm- ination day the fee of one dollar only until twenty examinations shall have been made, and the fee shall be three dollars when the examination is made by one Surgeon, and the fee for each examination at the claimant’s residence provided his residence is Out- side of the Corporate limits of the place of the regu- lar meeting Of the examining board or of the place of residence of the surgeon, making the examination shall be five dollars in addition to the payment. Of the actual traveling expenses of the surgeon: Pro- vided further, That no fee shall be paid to any mem- ber of an examining board unless personally present and assisting in the examination of applicant: And provided further, That the report of such examining surgeons shall specifically state the rating which in their judgment the applicant is entitled to, and the report of such examining surgeons shall specifically and accurately set forth the physical condition of the applicant, each and every existing disability being Tit. 57) Ž 9108 PENSIONS [Page 1483] fully and carefully described. (May 28, 1908, c. 208, 35 Stat. 419.) § 9101a. Same; fees—Hereafter the fee for each examination made at the claimant’s residence by an examining surgeon of the Bureau of Pensions for use in a pension claim shall be $4 and in lieu of actual traveling expenses there shall be paid 10 CentS per mile for the distance actually traveled each Way, but not exceeding the distance by the most direct route between the surgeon’s office and the claimant’s home. (March 3, 1917, c. 170, 39 Stat. 1132.) § 9102. Same; report; inspection—I'Or fees and expenses of examining Surgeons * * : ProVid- ed., That the report Of Such examining Surgeons When filed in the Pension Office Shall be Open to the exam- ination and inspection of the claimant Or his attor- ney, under such reasonable rules and regulations as the Secretary of the Interior may provide. (July 18, 1894, c. 141, 28 Stat. 113.) § 9.103. Special examinations—Examining Sur- geons duly appointed by the Commissioner of Pen- Sions, and such other qualified surgeons as may be employed in the Pension-Office, may be required by him, from time to time, as he deems for the interests of the Government, to make special examinations of pensioners, or applicants for pension, and Such ex- aminations shall have precedence Over previous ex- aminations, whether special or biennial; but when injustice is alleged to have been done by an examina- tion SO Ordered, the Commissioner Of Pensions may, at his discretion, select a board Of three duly ap- pointed examining surgeons, who shall meet at a place to be designated by him, and shall review such cases as may be ordered before them on appeal from any special examination, and the decision of such "board shall be final on the question so submitted thereto, provided the Commissioner approve the Same. The compensation of each of such surgeons shall be three dollars, and shall be paid out of any appro- priations made for the payment of pensions, in the Same manner as the Ordinary fees Of appointed Sūr- geons are or may be authorized to be paid. (R. S. § 4775.) - See § 9050. § 9104. Same; report of examiners; inspec- tion—The reports of the Special examiners Of the Bureau of Pensions shall be Open to inspection and Copy by the applicant or his attorney, under such rules and regulations as the Secretary of the Interior may prescribe. (May 28, 1908, c. 208, 35 Stat. 419.) § 9105. IMedical referee and examining sur- geons—The Secretary of the Interior is authorized to appoint a duly qualified surgeon as medical referee who, under the control and direction of the Commis- SiOner Of Pensions, Shall have Charge Of the examina- tion and revision of the reports of examining surgeons, and Such other duties touching medical and Surgical Questions in the Pension-Office, as the interests of the service may demand ; and his salary shall be two thou- Sand five hundred dollars per annum. And the Secre- tary Of the Interior is further authorized to appoint Such qualified surgeons (not exceeding four) as the ex- igencies of the service may require, who may perform the duties of examining surgeons when so required, and who shall be borne upon the rolls as clerks of the fourth class; but such appointments shall not increase the clerical force of said Bureau. (R. S. § 4776.) Appropriations for salaries for the fiscal year 1918, were made by Act March 3, 1917, c. 163, § 1, 39 Stat. 1104. $ 9.106. Appointment of civil examining sur- geons—The Commissioner of Pensions is empowered to appoint, at his discretion, civil surgeons to make the periodical examinations of pensioners which are Or may be required by law, and to examine applicants for pension, where he deems an examination by a surgeon appointed by him necessary; and the fee for Such examinations, and the requisite certificates there- Of in duplicate, including postage on such as are trans- mitted to pension-agents, shall be two dollars, which Shall be paid by the agent for paying pensions in the district within which the pensioner or claimant re- Sides, Out Of any money appropriated for the payment Of pensions, under such regulations as the Commis- Sioner of Pensions may prescribe. (R. S. § 4777.) (R. S. § 4778. Repealed.) This section authorized the appointment of pension agents for a term of four years, unless sooner removed or SuS- pended. It was repealed by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312, to take effect after January 31, 1913. The amendment of R. S. § 4778, by Act March 8, 1878, c. 25, 20 Stat. 26, providing for the filling of vacancies in the office of pension agents, was Superseded by Said re- peal. Act June 30, 1890, c. 639, 26 Stat. 188, provided for acting agents in case of sickness or unavoidable absence of any pension agent, and was also superseded by said repeal. (R. S. § 4779. Superseded.) This section required pension agents to give bond in the form approved by the Secretary of the Interior. . It Was superseded by the repeal of R. S. §§ 4778, 4780, and by the abolition of pension agencies by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312, and also by the provisions for the pay- ment of pensions by agents without vouchers, unless deem- ed necessary by the Secretary of the Interior to protect the Government, contained in section 3 of said act (§ 9108). (R. S. § 4780. Repealed.) º This section authorized the establishment of pension agencies. It was repealed by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312, to take effect after January 31, 1913. Provisions authorizing the Secretary of the Treasury. to set apart in public buildings room for pension agencies, made by Act March 1, 1889, c. 332, 25 Stat. 783, were super- seded by said repeal and the further-proVision Of-Section 1, which abolished pension agencies to take effect from said date. (R. S. §§ 4781, 4782. Superseded.) R. S. § 4781, fixed the compensation of pension-agents at two per cent. on all disbursements made by them, to . pensioners, and a further allowance depending on the amount so disbursed. * ---- R. S. § 4782, provided for a further allowange of thirty cents for each voucher prepared and paid by them, which amount should be paid by the United States. Both sections were superseded by Act June 14, 1878, C: 188, 20 Stat. 112, which fixed a compensation, in lieu of percentages, fees, pay, and allowances. This act was superseded by Act July 4, 1884, c. 181, Š.1, 23 Stat. 99, and Act March 3, 1885, c. 340, 23 Stat. 362, which fixed the compensation of pension agents. º Both acts were superseded by the repeal of R. S. §§ 4778, 4780, and by the abolition of pension agencies by Act Aug. 17, 1912, c. 301, § 1, 37. Stat. 312, and also by the provisions for the payment of pensions contained in Sec- tion 3 of said act (§ 9108). e Provisions for the apportionment of clerk hire for each agency contained in Act March 6, 1896, c. 46, 29 Stat. 45, were also superseded by Said Section. § 91.07. Payment; groups for quarterly pay- ments; fractional payments—The Secretary of the Interior is authorized in the payment of pensions to arrange the pensioners in three groups as he may think proper, and may from time to time change any pen- sioner or class of pensioners from One group to another as he may deem convenient for the transaction of the public business. The pensioners in the first group shall be paid their quarterly pensions on January fourth, April fourth, July fourth, and October fourth of each year; the pensioners in the second group shall be paid their quarterly pensions on February fourth, May fourth, August fourth, and November fourth of each year; the pensioners in the third group shall be paid their quar- terly pensions on March fourth, June fourth, Septem- ber fourth, and December fourth of each year. The Secretary of the Interior is authorized to cause payments of pension to be made for the fractional parts of a quarter which may be made necessary by the transfer of a pensioner from One group to another. (Aug. 17, 1912, c. 301, § 2, 37 Stat. 312.) See §§ 671, 672, 6716. § 9108. Same; checks without vouchers; de- livery or return of mail—Not later than January first, nineteen hundred and thirteen, pensions shall be paid by Checks drawn, under the direction of the Sec- retary Of the Interior, in such form as to protect the United States against loss, without separate vouchers Or receipts, and payable by the proper assistant treas- urer or designated depositary, except in the case of any pensioner in which the law authorizes the pen- SiOn to be paid to some person other than the pension- 9108 (Tit. 57 PENSIONS [Page 1484] er, Or in which the Secretary of the Interior may con- sider a voucher necessary for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at his last known address. That postmasters, delivery clerks, letter carriers, and all other postal employees are prohibited from de- livering any such mail to any person whomsoever, if the addressee has died or removed, or in the case of a widow believed by the postal employee intrusted with the delivery of such mail to have remarried; and the postmaster in every such case shall forthwith return Such mail with a Statement Of the reasons for SO do- ing, and if because of death. Or remarriage, the date thereof, if known. Checks returned as herein provided on account of the death or remarriage of the pensioner shall be canceled. (Aug. 17, 1912, c. 301, § 3, 37 Stat. 3.12.) See § 6645. § 9109. Same; forgery of indorsement of checks—Whoever Shall forge the indorsement Of the person to whose Order any pension check shall be drawn, or whoever with the knowledge that such in- dorsement is forged shall utter such check, or who- ever, by falsely personating such person, shall receive from any person, firm, corporation, or Officer or em- ployee Of the United States the whole or any portion of the amount represented by such check, shall upon conviction be punished by a fine of not more than one thousand dollars Or be imprisoned not more than five years or both. (Aug. 17, 1912, c. 301, § 4, 37 Stat. 313.) See §§ 9077, 9079. § 91 10. Same; inmates of the National Home for Disabled Volunteer Soldiers—Nothing in this Act shall be Construed as amending or repealing that portion of the sundry civil appropriation Act for the fiscal year eighteen hundred and eighty-three (Statutes at Large, Volume twenty-two, page three hun- dred and twenty-two) concerning the payment of pen- Sions due inmates of the National Home for Disabled Volunteer Soldiers. (Aug. 17, 1912, c. 301, § 6, 37 Stat. 313. - 'aº Aug. 7, 1883, c. 433, 22 Stat. 322, is § 9266. § 9111. Embezzlement by guardian—Every guardian, Conservator, curator, committee, tutor, or other person having charge and custody in a fiduciary Capacity Of the pension of his ward, who shall em- bezzle the same in violation of his trust, or fraudu- lently convert the same to his own use, shall be pun- ished by fine not exceeding two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the Court. (R. s § 4783, amended, Feb. 10, 1891, c. 130, 26 Stat. * 746. (R. S. § 4784. Repealed.) This section provided that agents for the payment of pensions, and clerks appointed by them, should take and certify, without fee, the affidavits of all pensioners and their witnesses personally appearing before them, in which case the check for the pension, when due and payable, should be given direct to the hand of the party entitled thereto, if desired, and not mailed to his address as re- quired by Rev. St. § 4765. It was repealed by Act - March 23, 1896, c. 66, 29 Stat. 74. § 91 12. Compensation of agent or attorney— No agent or attorney or other person shall demand or receive any Other compensation for his services in prosecuting a claim for pension Or bounty land than Such as the Commissioner of Pensions shall di- rect to be paid to him, not exceeding twenty-five dol- lars; nor shall such agent, attorney or other per- son demand Or receive such compensation, in whole or in part, until such pension or bounty-land claim shall be allowed: Provided, That in all claims al- lowed since June twentieth eighteen hundred and seventy-eight where it shall appear to the satisfac- tion of the Commissioner Of Pensions that the fee of ten dollars, Or any part thereof, has not been paid, he shall cause the same to be deducted from the pen- Sion, and the pension agent to pay the same to the recognized attorney. (R. S. § 4785, amended, July 4, 1884, c. 181, § 3, 23 Stat. 99.) See § 684. to administer Oath.S. § 9113. Same; prosecuting claims for arrears —No claim agent or other person shall be entitled to receive any Compensation for services in making application for arrears of pension. (Jan. 25, 1879, C. 23, § 4, 20 Stat. 265.) See §§ 8937, 8938, 8966, 8968, 8970, 8980-8982, 8993, 8995, 9065, 9066, 9071, 91.15, 91.19, 9124. § 91.14. Same; demanding more than legal fee—Any agent or attorney, or any other person in- strumental in prosecuting any claim for pension Or bounty land, who shall directly or indirectly contract for, demand, or receive or retain any greater COm- pensation for his services, or instrumentality in prose- Cuting a claim for pension or bounty land than is provided in the Title pertaining to pensions, or who shall wrongfully withhold from a pensioner or claim- ant the whole, or any part of the pension or claim allowed and due such pensioner Or Claimant, Or the land-warrant issued to any such claimant, shall be deemed guilty of a high misdemeanor, and, upon COIl- viction thereof, shall for every such offense be fined not exceeding five hundred dollars, or imprisonment at hard labor not exceeding two years, or both, at the discretion of the court. (R. S. § 5485.) § 91 15. Same; agreement for fee filed; fee in case of failure to file; forma; amount paid deducted from fee—The agent Or attorney of record in the prosecution of the case may cause to be filed with the Commissioner of Pensions, duplicate arti- cles of agreement, without additional cost to the claimant, setting forth the fee agreed upon by the parties, which agreement shall be executed in the presence of and certified by some officer competent In all cases where application is made for pension or bounty land, and no agree- ment is filed with the COImmissioner as herein pro- vided, the fee shall be ten dollars and no more. And such articles of agreement as may hereafter be filed with the Commissioner of Pensions are not authoriz- ed, nor will they be recognized except in claims for original pensions, claims for increase of pension. On account of a new disability, in claims for restoration where a pensioner's name has been or may hereafter be dropped from the pension rolls on testimony tak- en by a special examiner, showing that the disability or cause of death, on account of which the pension was allowed, did not originate in the line Of duty, and in cases of dependent relatives whose names have been or may hereafter be, dropped from the rolls On like testimony, upon the ground of nondependence, and in such other cases of difficulty and trouble as the Com- missioner of Pensions may see fit to recognize them: Provided, That no greater fee than ten dollars shall be demanded, received, or allowed in any claim for pension or bounty land granted by special act of Con- gress, nor in any claim for increase of pension On account of the increase of the disability for Which the pension had been allowed: And provided fur- ther, That no fee shall be demanded, received, Or allowed in any claim for arrears of pension Or ar- rears of increase of pension allowed by any act of Congress passed subsequent to the date of the allow- ance of the Original claims in which such arrears Of pension, or of increase of pension, may be allowed. The articles of agreement herein provided for shall be in Substance as follows, to Wit: Articles of Agreement. Whereas I, , late a in COm- pany , of the regiment Of Volun- teers, war of eighteen hundred and sixty-one (or, if the service be different, here state the same), hav- ing made application for pension under the laws Of the United States: Now, this agreement witnesseth, that for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorney, — of , the fee of dollars, which shall include all amounts to be paid for any service in furtherance of Said claim ; Tit. 57) 3 9121 PENSIONS [Page 1485] and said fee shall not be demanded by Or payable to my said attorney (or attorneys), in whole or in part, except in case of the granting of my pension by the Commissioner Of Pensions; and then the same shall be paid to him (Or them) in accordance with the pro- visions of Sections forty-seven hundred and sixty- eight and forty-Seven hundred and sixty-nine Of the Revised Statutes. (Claimant’s signature.) (Two witnesses' signatures.) State Of County Of Be it known that on this, the day Of y anno Domini eighteen hundred and eighty —, per- Sonally appeared the above-named y who, after having had read Over to , in the hear- ing and presence of the two attesting witnesses, the contents of the foregoing articles of agreement, Vol- untarily signed and acknowledged the same to be free act and deed. SS. (Official signature.) And now, to wit, this day Of , anno Domini eighteen hundred and eighty , I (or we) accept the provisions Contained in the foregoing ar- ticles Of agreement, and Will, to the best of my (or our) ability, endeavor faithfully to represent the in- terest Of the claimant in the premises. Witness my (or Our) hand, the day and year first above Written. . - - (Signature of Attorney.) County of SS State Of e Personally came , whom I know to be the person he represents himself to be, and who, having signed above acceptance Of agreement, a C- knowledged the same to be free act and deed. (Official signature.) And if in the adjudication of any claim for pension in which such articles of agreement have been, Or may hereafter be, filed, it shall appear that the claim- ant had, prior to the execution thereof, paid to the attorney any Sum for his Services in Such claim, and the amount SO paid is not stipulated therein, then every Such claim Shall be adjudicated in the same manner as though no articles of agreement had been filed, deducting from the fee of ten dollars allowed by law. Such sum as Claimant shall Show that he has paid to his said attorney. Any agent Or attorney Or Other person instrumental in prosecuting any claim for pension or bounty land, who shall directly or in- directly Contract for, demand Or receive or retain any greater COmpensation for his services Or instru- mentality in prosecuting a claim for pension or boun- ty land than is herein provided, or for payment there- Of at any other time or in any other manner than is herein provided, or who shall wrongfully withhold from a pensioner or claimant the whole or any part Of the pension or claim allowed and due such pension- er or claimant, or the land warrant issued to any Such Claimant, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall for every Such Offense be fined not exceeding five hundred dol- lars, Or imprisoned at hard labor not exceeding two years, or both, in the discretion of the court. (R. S. ; 4786, amended, July 4, 1884, c. 181, § 4, 23 Stat. 9. ) See §§ 8999, 9113, 9118. § 91 16. Same; certificates, with contract for fees, to be forwarded to agent; fees deducted and paid–Sections forty-seven hundred and sixty-eight, forty-Seven hundred and sixty-nine, and forty-seven hundred and eighty-six of the Revised Statutes are hereby made applicable also to all cases hereafter filed with the Commissioner of Pensions, and to all Cases SO filed since June twentieth, eighteen hundred and Seventy-eight, and which have not been hereto- fore allowed, except as hereinafter provided. (July 4, 1884, c. 181, § 2, 23 Stat. 99.) See § 684. R. S. §§ 4768, 4769, were superseded by the re- peal of R. S. §§ 4778, 4780, by Act Aug. 17, 1912, c. 301, § 1, 37 Stat. 312. R. S. § 4786, is § 9,115. § 91.17. Same; commissioner may reject con- tract for fees—The Commissioner shall have power, subject to review, by the Secretary, to reject Or re- fuse to recognize any contract for fees, herein pro- vided for, whenever it shall be made to appear that any undue advantage has been taken of the claimant in respect to such contract. (July 4, 1884, c. 181, § 6, 23 Stat. 101.) Provisions as to contracts for fees referred to in this section are made by § 9115. - § 9118. Same; fee for increase and in claims under special acts; taking illegal fee; periding contracts—Hereafter no agent or attorney shall de- mand, receive, or be allowed any compensation under existing law exceeding two dollars in any claim for increase of pension on account of the increase of the disability for which the pension has been allowed, or for services rendered in securing the passage of any special act of Congress granting a pension Or an increase of pension in any case that has been pre- sented at the Pension Office or is allowable under the general pension laws: And provided further, That any agent, attorney, or other person instrumental in prosecuting any claim for increase of pension on ac- count of the increase of disability for which penSiOn was allowed, or who has rendered services in pro- curing the passage of any special act of CongreSS granting a pension or -an increase of pension in any case that has been presented at the Pension Office Or is allowable under the general pension laws, who shall directly or indirectly contract for, demand, receive, or retain any compensation for such services, except as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof Shall, for each and every such Offense, be fined not ex- ceeding five hundred dollars or imprisoned, not ex- ceeding two years or both, in the discretion of the court: Provided, however, That the foregoing proVi- sions in relation to fees of agents or attorneys shall not apply to any case now pending where there is an existing lawful contract express Or implied. (March 3, 1891, c. 548, 26 Stat. 1082.) See § 91.15. § 91.19. Same; for procuring pension legisla- tion—Hereafter no pension attorney, claim agent, Or other person shall be entitled to receive any COm- pensation for services rendered in securing the in- troduction of a bill or the passage thereof through Congress granting pension Or increase of pension, and any person who shall, directly Or indirectly, COn- tract for, demand, receive, or retain any compensa- tion for such services shall be deemed guilty of an offense, and upon conviction thereof shall, for each and every such offense, be fined not exceeding five hundred dollars or imprisoned not exceeding two years, or both, in the discretion of the court. (May 28, 1908, c. 208, 35 Stat. 419.) $ 9.120. Artificial limbs; furnished every three years—Every officer, soldier, seaman, and ma- rine who was disabled during the war for the Sup- pression of the rebellion, in the military or naval Service, and in the line Of duty, Or in Consequence of wounds received or disease contracted therein, and who was furnished by the War Department since the seventeenth day Of June, eighteen hundred and seventy, with an artificial limb or apparatus for re- Section, who Was entitled to receive such limb or apparatus Since Said date, shall be entitled to re- ceive a new limb Or apparatus at the expiration of every three years thereafter, under such regulations as have been or may be prescribed by the Surgeon- General of the Army. (R. S. § 4787, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, and March 3, 1891, c. 562, 26 Stat. 1103.) - See § 2184 as to furnishing trusses. $ 9.121. Same; commutation rates in money value for limb—Every person entitled to the benefits of the preceding section may, if he so elects, receive, instead of such limb or apparatus, the money value 3 9122 (Tit. 57 PENSIONS [Page 14861 thereof, at the following rates, namely: For artificial legs, seventy-five dollars; for arms, fifty dollars; for feet, fifty dollars; for apparatus for resection, fifty dollars. (R. S. § 4788.) § 9122. Same; how money commutation paid —The Surgeon-General shall certify to the Commis- Sioner of Pensions a list of all soldiers who elect to receive money Commutation instead of limbs or ap- paratus, with the amount due to each, and the Com- missioner of Pensions shall cause the same to be paid to Such Soldiers in the same manner as pensions are paid. (R. S. § 4789.) Provisions for payment by the Commissioner of money fººtation for artificial limbs, etc., were superseded by § 91.23. Same; money commutation to those who cannot use limb–Every person in the military or naval service who lost a limb during the war of the rebellion, Or is entitled to the benefits of section forty-seven hundred and eighty-seven, but from the nature of his injury is not able to use an artificial limb, shall be entitled to the benefits of section forty- Seven hundred and eighty-eight, and shall receive money commutation as therein provided. (R. S. § 4790, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) R. S. § 4787, is § 9120. § 9124. Same; payment of money commuta- tion; fee to agent or attorney—For furnishing arti- ‘ficial limbs and apparatus, or commutation therefor, * * and hereafter in case Of Commutation the mon- ey shall be paid directly to the soldier, Sailor, or ma- rine, and no fee or compensation shall be allowed or paid to any agent or attorney. (March 3, 1891, C. 542, 26 Stat. 979.) See § 9120. § 91.25. Same; transportation for persons to whom limbs are furnished—The Secretary of War is authorized and directed to furnish to the perSOnS embraced by the provisions of section forty-seven hundred and eighty-seven, transportation to and from their homes and the place where they may be re- quired to go to obtain artificial limbs provided for them under authority of law. The transportation al- lowed for having artificial limbs fitted shall be fur- nished by the Quartermaster-General of the Army, the cost of which shall be refunded from the appropria- tions for invalid pensions. (R. S. § 4791, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) R. S. § 4787, is § 9120. § 91.26. Same; when and how furnished or commuted—Every officer, soldier, Seaman and ma- rine, who, in the line of duty, in the military or naval Service of the United States, shall have lost a limb, or sustained bodily injuries, depriving him of the use of any of his limbs, shall receive once every five years an artificial limb or appliance, or Commutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon-General of the Army may prescribe; and the period of five years Shall be held to Commence With the filing Of the first application after the Seventeenth day of June, in the year eighteen hundred and seventy. (Aug. 15, 1876, c. 300, § 1, 19 Stat. 203.) See §§ 9120, 9122. § 9127. Same; transportation for fitting—Nec- essary transportation to have artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the COst Of which shall be refunded Out of any money appropriated for the purchase of ar- tificial limbs: Provided, That this act shall not be Subject to the provisions of an act entitled “An act to increase pensions,” approved June eighteenth, eight- een hundred and seventy-four. (Aug. 15, 1876, c. 300, § 2, 19 Stat. 204.) § ſº June 18, 1874, c. 299, 18 Stat. 78, was Superseded by 8960. TITLE LVIII—THE Chap. Sec. A. The Public Health Service. . . . . . . & a e e º º e º e º e º s s • 9123 B. Sanitation and Quarantine..... e e e e a e e s e e s e º e º 'º' 9150 PUBLIC HEALTH Chap. Sec. C. Leprosy e - tº e º ſº tº e º e º & tº e Cº e e º 'º e º & e e º 'º e º e e º e º ſº e º e º e ºs 9183 Chapter A–The Public Health Service Sec. 9128. Public Health Service; application of former laws; in- Vestigations; publications. 9129. Commissioned medical officers, salaries; lowance; maximum pay; help. 9130. Former Marine-Hospital Service; longevity al- Supervising Surgeon. 9131. Same; Supervising Surgeon-General; salary; appoint- ment. 9132. Same ; medical officers; appointment after examination. 9133. Same; Original appointments as first assistant surgeon; promotion. 9134. Former Public Health and Marine-Hospital Service; ti- tles of officers; transfer of duties. 9135. Same; Surgeon-General and medical officers; salaries and allowances. 9136. Same; Assistant Surgeons-General; assistants; pay and allowances; rank. 9137. Details from Service; duty in Bureau. 9138. Same; additional details for duty in Bureau. 9139. Same; additional details for duty in laboratory. 9139a. Sarne; for work with Bureau of Mines. 9140. Leave of absence to medical officers. 9141. Use of Service in time of war. 9141a. Pensions to officers detailed for service with Coast Guard, ‘Army or Navy. 9142. Hygienic laboratory. 9143. Same; advisory board. 9144. Same; chiefs of divisions; pay; director of laboratory. 9145. Same; pay of director. 9146. Conferences with State and Territorial boards of health. . 9147. Mortality, morbidity, and vital statistics. 9.148. Regulations by President; report of Surgeon-General. 93.49. Service under jurisdiction of Treasury Department. § 9128. Public Health Service; application of former laws; investigations; Public Health and Marine-Hospital Service of the United States shall hereafter be known and designat- publications—The ed as the Public Health Service, and all laws per- taining to the Public Health and Marine-HOSpital Service of the United States shall hereafter apply to the Public Health Service, and all regulations now in force, made in accordance with law for the Public Health and Marine-Hospital Service of the United States Shall apply to and remain in force as regula- tions of and for the Public Health Service until chang- ed or rescinded. The Public Health Service may study and investigate the diseases of man and Conditions influencing the propagation and spread thereof, in- cluding Sanitation and sewage and the pollution ei- ther directly or indirectly of the navigable streams and lakes of the United States, and it may from time to time issue information in the form of publications for the use of the public. (Aug. 14, 1912, c. 288, § 1, 37 Stat. 309.) See § 9134. § 91.29. Commissioned medical officers, sala- ries; longevity allowance; maximum pay; help —Beginning with the first day of October next after the passage of this Act the salaries of the commis- SiOned medical Officers Of the Public Health Service shall be at the following rates per annum: Surgeon General, six thousand dollars; Assistant Surgeon General, four thousand dollars; senior surgeon, of which there shall be ten in number, on active duty, three thousand five hundred dollars; Surgeon, three thousand dollars; passed assistant surgeon, two thou- sand four hundred dollars; assistant surgeon, two thousand dollars; and the said officers, excepting the Surgeon General, shall receive an additional compen- b Ch. A) 3 9139a THE PUBLIC HEALTH [Page 1487I sation of ten per Centum of the annual salary as above set forth for each five years’ service, but not to exceed in all forty per centum : Provided, That the total Salary, including the longevity increase, shall not exceed the following rates: Assistant Surgeon General, five thousand dollars; senior Surgeon, four thousand five hundred dollars; surgeon, four thou- sand dollars: Provided further, That there may be employed in the Public Health Service such help as may be provided for from time to time by Congress. (Aug. 14, 1912, c. 288, § 2, 37 Stat. 309.) See § 9134. § 9130. Former Marine-Hospital Service; Su- pervising Surgeon—[The Secretary of the Treasury Shall, from time to time, appoint a surgeon to act as Supervising Surgeon of marine-hospital Service, who shall, under the direction of the Secretary, Supervise all matterS COnnected with the marine-hospital Serv- ice, [and With the disbursement Of the fund for the relief of sick and disabled Seamen.] [He shall be en- titled to a Salary Of not more than two thousand dol- lars a year, and to his necessary traveling expenses.] And he shall make monthly reports to the Secretary of the Treasury. (R. S. § 4802.) Text in brackets superseded by §§ 9129, 9131, 9134, and re- pealed by repeal of R. S. §§ 4585–4587 by Act June 19, 1886, C. 421, § 15, 24 Stat. 82. § 9131. Same; Supervising Surgeon-General; salary; appointment—Hereafter [the salary of the Supervising Surgeon-general Of the United States ma- rine hospital service shall be paid out of the marine hospital fund, at the rate of four thousand dollars per year; and the supervising surgeon-general Shall be appointed by the President, by and with the advice and consent of the Senate. (March 3, 1875, c. 130, § 1, 18 Stat. 377.) Text in brackets superseded. See § 9130 and note. § 9132. Same; medical officers; appointment after examination—Medical Officers Of the Marine Hospital Service of the United States shall hereafter be appointed by the President, by and with the ad- vice and consent of the Senate; and no person shall be so appointed until after passing a Satisfactory ex- amination in the several branches of medicine, Sur- gery, and hygiene before a board of medical Officers Of the said Service. Said examination shall be COn- ducted a CCOrding to rules prepared by the Supervising Surgeon-General, and approved by 'the Secretary of the Treasury and the President. (Jan. 4, 1889, c. 19, § 1, 25 Stat. 639.) See §§ 9128, 9134. § 91.33. Same; original appointments as first assistant surgeon; promotion—Original appoint- ments in the service shall Only be made to the rank Of assistant Surgeon; and no Officer shall be promot- ed to the rank Of passed assistant Surgeon until aft- er four years’ Service and a Second examination as aforesaid; and no passed assistant surgeon shall be promoted to be surgeon until after due examination : Provided, That nothing in this act shall be so con- strued as to affect the rank or promotion of any offi- cer originally appointed before the adoption of the regulations of eighteen hundred and Seventy-nine; and the President is authorized to nominate for Con- firmation the Officers in the Service On the date Of the passage of this act. (Jan. 4, 1889, c. 19, § 2, 25 Stat. 639.) See § 9132 and note. § 9134. Former Public Health and Marine- Hospital Service; titles of officers; transfer of duties—The United States Marine-Hospital Service Shall hereafter be known and designated as the Pub- lic Health and Marine-Hospital Service Of the United States, and the Supervising Surgeon-General and the Officers now Or hereafter COmmissioned under the Act of January fourth, eighteen hundred and eighty- nine, entitled “An Act to regulate appointments in the Marine-Hospital Service of the United States,” and Acts amendatory thereof, shall hereafter be known as the Surgeon-General, surgeons, passed as- Sistant Surgeons, and assistant Surgeons of the Pub- lic Health and Marine-Hospital Service Of the United States. Nothing in this Act contained shall be held Or COnStrued to discharge any of the Officers above named, or any of the acting assistant Surgeons, phar- macists, and Other employees of the Marine-IHospital Service, or to deprive any officer of his Commission or the benefits derived by longevity of Service. The Care Of Sick and disabled Seamen and all Other duties now required by law to be performed by the Marine- Hospital Service shall hereafter be performed by the Public Health and Marine-Hospital Service, and all funds and appropriations now provided by law for use by the Marine-Hospital Service and all properties and rights pertaining to said Service shall be avail- able for use for like purposes and in like manner, under the Treasury Department, by the Public Health and Marine-Hospital Service. (July 1, 1902, c. 1370, § 1, 32 Stat. 712.) See § 9128, 9131, 9132, 9133, 9149. And see § 6694. § 9135. Same; Surgeon-General and medical officers; salaries and allowances—The salary Of the Surgeon-General Of the Public Eſealth and Marine- PHospital Service shall be [five thousand dollars] per annum, and the salaries and allowances of the Com- missioned medical Officers Of Said Service Shall be [the same as now provided by regulations of the Marine- Hospital Service]. (July 1, 1902, c. 1370, § 2, 32 Stat. 712. e 're in brackets superseded by § 9129. § 9136. Same; assistant Surgeons-General; assistants; pay and allowances; rank—COmniS- sioned medical officers, when detailed by the Surgeon- General for duty in the Public Health and Marine- Hospital Bureau at Washington, District of Colum- bia, in charge of the administrative divisions thereof, namely, marine hospitals and relief, domestic quar- antine, foreign and insular quarantine, personnel and accounts, sanitary reports and statistics, and scientific research, shall, while thus serving, be assistant Sur- geons-general Of the Public Eſealth and Marine-Hos- pital Service, but their pay and allowances shall be the same as now provided by regulations Of the Ma- rine-Hospital Service for Officers in charge of Said divisions; and the Senior Officer thus Serving Shall be the assistant within the meaning of section one hun- dred and seventy-eight, Revised Statutes of the United States: Provided, however, That no such officer shall be detailed in charge Of said divisions who is below the rank Of passed assistant Surgeon. (July 1, 1902. c. 1370, § 3, 32 Stat. 712.) See §§ 9128, 9129. R. S. § 178, is $ 260. § 9137. Details from Service; duty in Bureau —Office of Supervising Surgeon General Marine EIOSpi- tal Service: * * Hereafter the Supervising Sur- geon General is hereby authorized to Cause the detail of two Surgeons and two passed assistant surgeons for duty in the Bureau, who shall each receive the pay and allowances of their respective grades in the gen- eral service. (March 3, 1891, c. 541, 26 Stat. 923.) See §§ 9128, 9134. $ 9.138. Same; additional details for duty in Bureau—Hereafter the Supervising Surgeon-General of the Marine-Hospital Service is hereby authorized to cause the detail of an additional medical Officer and one hospital steward for duty in the Bureau, who shall each receive the pay and allowances of his re- spective grade in the general service. (July 31, 1894, c. 174, § 1, 28 Stat. 179.) $ 9.139. Same; additional details for duty in laboratory—Hereafter the Supervising Surgeon-Gen- eral Of the Marine-Eſospital Service is hereby author- ized to cause the detail of two hospital attendants from the port of New York for duty in the labora- tory of the Bureau, and who shall each receive the pay equivalent to the compensation of a first-class hospital attendant. (March 2, 1895, c. 177, § 1, 28 Stat. 780.) sº § 9139a. Same; for work with Bureau of Mines—The Secretary of the Treasury may detail $ 9.140 (Tit. 58 TEIE PUBLIC HEALTH [Page 14881 medical Officers of the Public E[ealth Service for COOperative health, safety, or sanitation work with the Bureau of Mines, and the compensation and expenses Of Officers so detailed may be paid from the applica- ble appropriations made herein for the Bureau of Mines. (June 12, 1917, c. 27, § 1, 40 Stat. 146.) § 91.40. Leave of absence to medical officers— The Secretary of the Treasury is hereby authorized, in his discretion, to grant to the medical officers of the Marine Hospital Service commissioned by the President, without deduction of pay, leaves of ab- Sence for the same periods of time and in the same. manner as is now authorized to be granted to officers of the Army by the Secretary of War. (Feb. 19, 1897, c. 265, § 1, 29 Stat. 554.) - See §§ 9128, 9134. $ 9.141. Use of Service in time of war—The President is authorized, in his discretion, to utilize the Public Health and Marine-Hospital Service in times of threatened or actual war to such extent and in Such manner as shall in his judgment promote the public interest without, however, in any wise impair- ing the efficiency of the service for the purposes for which the same was created and is maintained. (July 1, 1902, c. 1370, § 4, 32 Stat. 713.) See § 9128. § 914la. Pensions to officers detailed for serve- ice with Coast Guard, Army or Navy—When offi- CerS of the United States Public Health Service are Serving on Coast Guard vessels in time of war, or are detailed in time of war for duty with the Army or Navy in accordance with law, they shall be entitled to pensions for themselves and widows and children, if any, as are now provided for officers of correspond- ing grade and length of service of the Coast Guard, Army or Navy, as the case may be, and shall be sub- ject to the laws prescribed for the government of the Service to which they are respectively detailed. (July 9, 1917, c. 37, 40 Stat. 242.) • . § 9142. Hygienic laboratory–Marine Hospitals: For building for laboratory, Marine Hospital Service: For the erection of the necessary buildings and quar- iters for a laboratory for the investigation of infec- tious and contagious diseases, and matters pertain- ing to the public health, under the direction of the Su- pervising Surgeon-General. * * (March 3, 1901, c. 853, § 1, 31 Stat. 1137.) - See § 9-128. - § 9143. an advisory board for the hygienic laboratory provid- ed by the Act of Congress approved March third, nine- teen hundred and One, for consultation with the Sur- geon-General of the Public Eſealth and Marine-EIospi- tal Service relative to the investigations to be inau- gurated, and the methods of conducting the same, in Said laboratory. Said board shall consist of three Competent experts, to be detailed from the Army, the Navy, and the Bureau of Animal Industry by the Surgeon-General of the Army, the Surgeon-General of the Navy, and the Secretary of Agriculture, respec- tively, which experts, with the director of the said laboratory, shall be ex officio members of the board, and Serve without additional compensation. Five oth- er members of said board shall be appointed by the Surgeon-General of the Public Health and Marine- Hospital Service, with the approval of the Secretary of the Treasury, who shall be skilled in laboratory Work in its relation to the public health, and not in the regular employment of the Government. The Said five members shall each receive compensation of ten dollars per diem while serving in conference, as aforesaid, together with allowance for actual and nec- essary traveling expenses and hotel expenses while in Conference. Said conference is not to exceed ten days in any One fiscal year. The term of service of the five members of said board, not in the regular employ- ment Of the Government, first appointed shall be so arranged that one of said members shall retire each year, the Subsequent appointments to be for a period Of five years. Appointments to fill vacancies occur- Same; advisory board—There shall be ring in a manner other than as above provided shall be made for the unexpired term of the member whose place has become vacant. (July 1, 1902, c. 1370, § 5, 32 Stat. 713.) See § 9128. § 9144. Same; chiefs of divisions; pay; di- rector of laboratory—There shall be appointed by the Surgeon-General, with the approval of the Secre- tary of the Treasury, whenever, in the Opinion of the Surgeon-General, commissioned medical officers Of the Public Health and Marine-E[ospital Service are not available for this duty by detail, competent persons to take charge of the divisions, respectively, of chem- istry, zoology, and pharmacology of the hygienic lab- oratory, who shall each receive such pay as shall be fixed by the Surgeon-General, with the approval of the Secretary of the Treasury. The director of the said laboratory shall be an officer detailed from the corps of commissioned medical officers of the Public Health and Marine-Hospital Service, as now provided by regulations for said detail from the Marine-Hospi- tal Service, and while thus serving shall have the pay and emoluments of a surgeon: Provided, That all commissioned Officers of the Public Health and Ma- rine-E[ospital Service not below the grade of passed assistant surgeon shall be eligible to assignment to duty in charge of the said divisions of the hygienic laboratory, and while serving in such capacity shall be entitled to the pay and emoluments of their rank. (July 1, 1902, c. 1370, § 6, 32 Stat. 713.) See § 9128. § 9145. Same; pay of director—EIereafter the director of the Hygienic Laboratory shall receive the pay and allowances of a senior Surgeon. (March 4, 1913, c. 149, § 1, 37 Stat. 915.) § 9146. Conferenees with State and Territo- rial boards of health—When, in the Opinion of the Surgeon-General of the Public Health and Marine- Hospital Service of the United States, the interests of the public health would be promoted by a confer- ence of Said service with State Or Territorial boards of health, quarantine authorities, or State health Offi- cers, the District of Columbia included, he may invite as many of said health and quarantine authorities as he deems necessary or proper to Send delegates, not more than one from each State or Territory and Dis- trict of Columbia, to said conference: Provided, That an annual conference of the health authorities of all the States and Territories and the District of Colum- bia shall be called, each of said States, Territories, and the District of Columbia to be entitled to one dele- gate: And provided further, That it shall be the duty of the said Surgeon-General to call a conference upon the application of not less than five State or Terri- torial boards of health, quarantine authorities, or State health officers, each of said States and Terri- tories joining in such, request to be represented by one delegate. (July 1, 1902, c. 1370, § 7, 32 Stat. 713.) See § 9128. § 9147. Mortality, morbidity, and vital sta- tisties—To secure uniformity in the registration of mortality, morbidity, and vital statistics it shall be the duty of the Surgeon-General of the Public Health and Marine-Hospital Service, after the annual confer- ence required by section seven to be called, to prepare and distribute Suitable and necessary forms for the Collection and Compilation of such statistics, and said statistics, when transmitted to the Public Health and Marine-Hospital Bureau on said forms, shall be Com- piled and published by the Public Health and Marine- Hospital Service as a part of the health reports pub- lished by said service. (July 1, 1902, c. 1370, § 8, 32 Stat. 714.) See § 9128. § 91.48. Regulations by President; report of Surgeon-General—The President shall from time to time prescribe rules for the conduct of the Public Health and Marine-Hospital Service. He shall also prescribe regulations respecting its internal adminis- tration and discipline, and the uniforms of its officers Ch. B) & 9155 THE PUBLIC HEALTH [Page 14891 and employés. It shall be the duty of the Surgeon- General to transmit annually to the Secretary Of the Treasury, for transmission by said Secretary to Con- gress, a full and complete report of the transactions of Said Service, including a detailed Statement of re- ceipts and disbursements. (July 1, 1902, c. 1370, § 9, 32 Stat. 714.) See § 9128. § 9149. Service under jurisdiction of Treas- ury Department—Office of Surgeon-General of Pub- lic Health and Marine-HOSpital and said Service shall remain under the jurisdiction Of the Treasury Department until Otherwise hereafter specifically provided by law. (Feb. 3, 1905, c. 297, § 1, 33 Stat. 650.) See § 9128. Chapter B–Sanitation and Quarantine Sec. 9150. State health-laws observed by United States officers. 9151. Discharge of cargo of vessel in quarantine. 9152. Quarantine warehouses; erection. 9153. Same; deposit of goods in. 9154. Extending time for entry of vessels subject to quaran- tine. 9155. Vessels from infected ports subject to State quarantine la. W.S. 9156. Entry of vessels in violation of quarantine laws. 9157. Bill of health; contents; fees; detail of medical officer at consulate; vessel clearing without bill; Vessels from ports near frontier. 9158. Enforcement of regulations. 9159. Duties of former Marine-Hospital Service; reports. Regulations to secure sanitary conditions of Vessels; inspection; health certificate. Disposition of infected vessels. 9162. Suspension of immigration. Compensation for use of State buildings. Establishment of quarantine grounds; trespasses; Vio- lation of quarantine laws. Vessels from foreign ports without bill of health not entering United States subject to regulations. 9166. Authority of medical officers acting as quarantine offi- CeI’S. 9167. Quarantine stations, grounds, and anchorages. 9168. Land and water selected for quarantine stations trans- ferred from other departments to Secretary of Treas- ury, or acquired by purchase or condemnation. 9169. Notice of selection of places for quarantine stations and anchorages; instrumentalities for disinfecting vessels and cargoes and hospital buildings; treatment of sick and eradication of disease. 9170. Unauthorized entry within or departure from quaran- tine grounds or anchorages; masters or owners of vessels violating law or making false statement as to condition of vessel or contents, or as to health of passenger or person thereon. 9171. Acquisition of quarantine stations and plants already established by State or local authorities. 9172. Jurisdiction over established Station to be ceded before payment of compensation. 9173. Appropriation to prevent epidemics; report of expendi- tureS. 9174. Vessels for quarantine officers. 9175. Trespass on quarantine reservations; vossels entering |United States in violation of laws. 9176. Regulations to prevent spread of contagious diseases; Violation of rules. 917.7. Violation of quarantine laws; by officers. 91.78. Same; by common carriers. 9179. Removal of revcnue officers from port. 9180. Same; public offices from capital. 9181. Adjournment of courts. 9182. - Removal of prisoners. § 9150. State health-laws observed by United States officers—The quarantines and other restraints established by the health-laws of any State, respecting any Vessels arriving in, or bound to, any port Or dis- trict thereof, shall be duly observed by the Officers of the customs revenue of the United States, by the mas- ters and Crews of the Several revenue-Cutters, and by the military officers commanding in any fort Or station upon the sea-Coast; and all such Officers of the United States shall faithfully aid in the execution of Such quarantines and health-laws, according to their re- spective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall enable any State to Collect a duty of ton- COMP. ST.’18—94 Service: * * * nage or impost without the consent of Congress. (IR. S. § 4792.) § 9151. Discharge of cargo of vessel in quar- antine—Whenever, by the health-laws of any State, or by the regulations made pursuant thereto, any VeS- sel arriving within a collection-district of such State is prohibited from Coming to the port of entry Or de- livery by law established for such district, and Such health-laws require Or permit the cargo Of the vessel to be unladen at SOme Other place within Or near to such district, the collector, after due report to him of the Whole of such Cargo, may grant his warrant or permit for the unlading and discharge thereof, under the Care of the surveyor, or of one or more inspectors, at Some other place where such health-laws permit, and upon the COnditions and restrictions which shall be directed by the Secretary of the Treasury, or which Such Collector may, for the time, deem expedient for the security of the public revenue. (R. S. § 4793.) § 91.52. Quarantine warehouses; erection— There shall be purchased or erected, under the orders Of the President, suitable warehouses, with wharves and in Closures, where merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health-laws of any State, at such convenient places therein as the safety of the public revenue and the gºne Of Such health-laws may require. (R. S. § § 9153. Same; deposit of goods in—Whenever the Cargo of a vessel is unladen at some other place than the port of entry or delivery under the foregoing provisions, all the articles of such cargo shall be de- DOSited, at the risk of the parties concerned therein, in Such public or other warehouses or inclosures as the Collector shall designate, there to remain under the joint Custody of such collector and of the owner, or master, or Other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed Without contravening such health-laws. And when Such removal is allowed, the collector having charge Of Such articles may grant permits to the respective Owners or consignees, their factors or agents, to re- Ceive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of the Treasury #;" public warehouses and inclosures. (R. S. § 795.) § 91.54. Extending time for entry of vessels subject to quarantine—The Secretary of the Treas- ury is authorized, whenever a conformity to such Quarantines and health-laws requires it, and in re- Spect to vessels subject thereto, to prolong the terms limited for the entry of the same, and the report or entry Of their Cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. No part Of the cargo of any vessel shall. however, in any case, be taken out or unladen there- from, otherwise than is allowed by law, or according to the regulations hereinaſter established. (R. S. § 4796.) § 9155. Vessels from infected ports subject to State quarantine laws—No vessel or vehicle com- ing from any foreign port Or Country where any Con- tagious or infectious disease may exist, and no vessel Or Vehicle Conveying any person Or perSOnS, merchan- dise Or animals, affected with any infectious Or Con- tagious disease, shall enter any port of the United States or pass the boundary line between the United States and any foreign country, contrary to the quar- antine laws of any One of said United States, into Or through the jurisdiction of which said vessel or ve- hicle may pass, Or to which it is destined, Or except in the manner and subject to the regulations to be pre- § 9155 (Tit. 58. THE PUBLIC HEALTH [Page 14901 scribed as hereinafter provided. (April 29, 1878, C. 66, § 1, 20 Stat. 37.) - See § 91.75. - - § 91.56. Entry of vessels in violation of quar- antine laws—It shall be unlawful for any merchant ship or other vessel from any foreign port or place to enter any port of the United States except in accord- ance with the provisions of this act and with Such rules and regulations of State and municipal health authorities as may be made in pursuance of, or COn- Sistent with, this act; and any such vessel which shall enter, or attempt to enter, a port of the United States in violation thereof shall forfeit to the United States a sum, to be awarded in the discretion of the Court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States district attorney for Such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing Cases Of Seizure Of vessels for violation. Of the revenue la VS of the United States. (Feb. 15, 1893, c. 114, § 1, 27 Stat. 449.) - . See § 9128. § 9157. Bill of health; contents; fees; detail of medical officer at consulate; vessel clearing without bill; vessels from ports near frontier- Any vessel at any foreign port clearing for any port or place in the United States shall be required to Ob- tain from the consul, vice-consul, or other consular officer of the United States at the port of departure, Or from the medical Officer where such Officer has been detailed by the President for that purpose, a bill Of health, in duplicate, in the form prescribed by the Sec- retary of the Treasury, setting forth the sanitary his- tory and condition of said vessel, and that it has in all respects complied with the rules and regulations in such cases prescribed for securing the best Sanitary condition of the said vessel, its cargo, passengers, and Crew ; and said consular or medical Officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true ; and for his Services in that behalf he shall be entitled to demand and receive Such fees as shall by lawful regulation be allowed, to be accounted for as is required in Other cases. The President, in his discretion, is authorized to de- tail any medical officer of the Government to serve in the Office of the consul at any foreign port for the pur- pose of furnishing information and making the inspec- tion and giving the bills Of health hereinbefore men- tioned. Any vessel clearing and sailing from any such port without such bill of health, and entering any port of the United States, shall forfeit to the United States not more than five thousand dollars, the amount to be determined by the court, which shall be a lien on the same, to be recovered by proceedings in the proper . district court of the United States. In all such pro- ceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accord- ance with the rules and laws governing Cases Of Sei- Zure of Vessels for violation of the revenue laws of the United States. - The provisions of this section shall not apply to ves- sels plying between foreign ports on Or near the fron- tiers of the United States and ports of the United States adjacent thereto; but the Secretary of the Treasury is hereby authorized, when, in his discretion, it is expedient for the preservation of the public health, to establish regulations governing such vessels. (Feb. 15, 1893, c. 114, § 2, 27 Stat. 450, amended, Aug. 18, 1894, c. 300, 28 Stat. 372.) § 9158. Enforcement of regulations—The Su- pervising Surgeon-General of the Marine Hospital Service shall, immediately after this act takes effect, examine the quarantine regulations of all State and municipal boards of health, and shall, under the direc- tion of the Secretary of the Treasury, cooperate With and aid State and municipal boards of health in the execution and enforcement of the rules and regula- tions of such boards and in the execution and enforce- ment of the rules and regulations made by the Secre- tary of the Treasury to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, and into One State Or Territory or the District of Columbia from another State or Territory or the District of Columbia; and all rules and regulations made by the Secretary of the Treasury shall Operate uniformly and in no manner discriminate against any port or place; and at Such ports and places Within the United States as have no quarantine regulations under State or municipal authority, where such regulations are, in the Opinion of the Secretary of the Treasury, necessary to prevent the introduction Of Contagious Or infectious diseases into the United States from foreign Countries, Or into One State or Territory or the District of Columbia from another State or Territory or the District of Columbia, and at Such ports and places within the United States where quarantine regulations exist under the authority of the State or municipality which, in the opinion of the Secretary of the Treasury, are not suffi- Cient to prevent the introduction Of Such diseases into the United States, or into one State or Territory or the District Of Columbia from another State Or Ter- ritory or the District of Columbia, the Secretary of the Treasury shall, if in his judgment it is necessary and proper, make Such additional rules and regula- tions as are necessary to prevent the introduction of such diseases into the United States from foreign countries, or into one State or Territory or the Dis- trict Of Columbia from another State Or Territory Or the District of Columbia, and when said rules and reg- ulations have been made they shall be promulgated by the Secretary of the Treasury and enforced by the Sanitary authorities of the States and municipalities, where the State or municipal health authorities Will undertake to execute and enforce them; but if the State or municipal authorities shall fail or refuse to enforce said rules and regulations the President shall execute and enforce the same and adopt Such measures as in his judgment shall be necessary to prevent the introduction or spread of such diseases, and may de- tail or appoint officers for that purpose. The Secre- tary of the Treasury shall make such rules and regu- lations as are necessary to be observed by vessels at the port of departure and On the voyage, where such vessels sail from any foreign port Or place to any port or place in the United States, to secure, the best sani- tary condition of such vessel, her cargo passengers, and crew ; which shall be published and communicated to and enforced by the consular officers of the United States. None of the penalties herein imposed shall at- tach to any vessel or owner or officer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the Office Of the consul or other consular Officer Of the United States for ten days, in the port from which said, vessel sailed; and the certificate of such consul or consular officer over his official signature shall be competent evidence of such posting in any court of the United States. (Feb. 15, 1893, c. 114, § 3, 27 Stat. 450.) - See §§ 9128, 9131, 9134, 9146. § 9159. Duties of former Marine-Hospital Service; reports—It shall be the duty Of the Súper- vising Surgeon-General of the Marine Hospital Serv- ice, under the direction of the Secretary of the Treas- ury, to perform all the duties in respect to guarantine and quarantine regulations which are provided for by this act, and to obtain information of the Sanitary condition of foreign ports and places from which Con- tagious and infectious diseases are or may be import- ed into the United States, and to this end the Con- sular officer of the United States at such ports and places as shall be designated by the Secretary Of the Treasury shall make to the Secretary of the Treasury Ch. B) § 9165 THE PUBLIC HEALTH [Page 1491] weekly reports of the sanitary condition of the ports and places at which they are respectively stationed, according to such forms as the Secretary of the Treasury shall prescribe; and the Secretary of the Treasury shall also obtain, through all Sources a C- cessible, including State and municipal Sanitary all- thorities throughout the United States, Weekly re- ports of the sanitary condition of ports and places within the United States, and shall prepare, publish, and transmit to collectors of customs and to State and municipal health officers and other Sanitarians weekly abstracts of the Consular sanitary reports and other pertinent information received by him, and shall also, as far as he may be able, by means of the voluntary co-operation of State and municipal au- thorities, of public associations, and private perSons, procure information relating to the climatic and oth- er conditions affecting the public health, and shall make an annual report Of his Operations to CongreSS, With Such recommendations as he may deem impor- tant to the public interest. (Feb. 15, 1893, c. 114, § 4, 27 Stat. 451.) See § 9158. § 91.60. Regulations to secure sanitary con- ditions of vessels; inspection; health certificate —The Secretary of the Treasury shall from time to time issue to the consular Officers Of the United States and to the medical officers serving at any foreign port, and otherwise make publicly known, the rules and regulations made by him, to be used and complied With by vessels in foreign ports, for securing the best sanitary conditions of such vessels, their Car- goes, passengers, and Crew, before their departure for any port in the United States, and in the course Of the voyage; and all such other rules and regula- tions as shall be observed in the inspection of the Salme On the arrival thereof at any quarantine sta- tion at the port of destination, and for the disinfec- tion and isolation of the same, and the treatment Of Cargo and persons On board, SO as to prevent the in- troduction of cholera, yellow fever, or other con- tagious Or infectious diseases; and it shall not be lawful for any vessel to enter said port to discharge its Cargo, or land its passengers, except upon a Cer- tificate of the health Officer at such quarantine sta- tion certifying that said rules and regulations have in all respects been observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passengers, and Crew ; and the master Of every Such vessel shall produce and deliver to the collector of customs at said port of entry, together with the oth- er papers of the vessel, the said bills of health requir- ed to be obtained at the port of departure and the Certificate herein required to be obtained from the health Officer at the port of entry; and that the bills of health herein prescribed shall be considered as part of the ship's papers, and when duly certified to by the proper consular or other officer of the Unit- ed States, over his official signature and Seal, shall be accepted as evidence of the statements therein contained in any court of the United States. (Feb. 15, 1893, c. 114, § 5, 27 Stat. 451.) § 91.61. Disposition of infected vessels—On the arrival of an infected vessel at any port not provid- ed with proper facilities for treatment of the same, the Secretary of the Treasury may remand said ves- Sel, at its own expense, to the nearest national Or other quarantine station, where accommodations and appliances are provided for the necessary disinfec- tion and treatment of the vessel, passengers, and Car- go; and after treatment of any infected vessel at a national quarantine station, and after certificate shall have been given by the United States quarantine Of- ficer at Said station that the vessel, Cargo, and pas- sengers are each and all free from infectious disease, or danger of conveying the same, said vessel shall be admitted to entry to any port of the United States named within the certificate. But at any ports where sufficient quarantine provision has been made by State or local authorities the Secretary Of the Treasury may direct vessels bound for said ports to undergo guarantine at said State or local station. (Feb. 15, 1893, c. 114, § 6, 27 Stat. 452.) § 9162. Suspension of immigration—Whenever it shall be shown to the satisfaction of the Presl- dent that by reason of the existence of cholera Or Oth- er infectious or contagious diseases in a foreign COun- try there is serious danger of the introduction of the same into the United States, and that notwithstand- ing the quarantine defense this danger is so increased by the introduction of persons or property from such Country that a suspension of the right to introduce the same is demanded in the interest of the public health, the President shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he may deem necessary. (Feb. 15, 1893, c. 114, § 7, 27 Stat. 452.) § 91.63. Compensation for use of State build- ings—Whenever the proper authorities of a State shall Surrender to the United States the use Of the buildings and disinfecting apparatus at a State quar- antine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, if, in his Opinion, they are necessary to the United States. (Feb. 15, 1893, c. 114, § 8, 27 Stat. 452.) § 9164. Establishment of quarantine grounds; trespasses; violation of quarantine laws—The Su- pervising Surgeon-General, with the approval of the Secretary of the Treasury, is authorized to designate and mark the boundaries of the quarantine grounds and quarantine anchorages for vessels which are re- served for use at each United States quarantine sta- tion; and any vessel or officer of any vessel or other person, other than State or municipal health or quar- antine officers, trespassing or otherwise entering up- On such grounds or anchorages in disregard Of the guarantine rules and regulations, Or without permis- sion of the officer in charge of such station, shall be deemed guilty of a misdemeanor and Subject to ar- rest, and Upon conviction thereof be punished by a fine Of not more than three hundred dollars Or im- prisonment for not more than one year, or both, in the discretion of the Court. Any master Or Owner Of any vessel, or any person violating any provision of this Act or any rule or regulation made in accord- ance with this Act, relating to inspection of vessels or relating to the prevention of the introduction of contagious or infectious diseases, or any master, Own- er, or agent of any vessel making a •false statement relative to the Sanitary condition of said vessel Or its contents or as to the health Of any passenger Or person thereon, shall be deemed guilty of a misde- meanor and subject to arrest, and upon conviction thereof be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. (Feb. 15, 1893, c. 114, § 10, added, March 3, 1901, c. 836, 31 Stat. 1086.) See § 9158. § 9165. Vessels from foreign ports without Thill of health not entering United States subject -to regulations—Any vessel Sailing from h nV for- eign port without the bill of health required by Sec- tion two of this Act, and arriving within the limits of any collection district of the United States, and not entering or attempting to enter any port Of the United States, shall be subject to such quarantine measures as shall be prescribed by regulations Of the Secretary of the Treasury, and the Cost Of Such measures shall be a lien on said vessel, to be recoV- ered by proceedings in the proper district court of the United States and in the manner set forth above as regards vessels from foreign ports without bills of 3 9166 (Tit. 58 THE PUBLIC HEALTH [Page 1492I health and entering any port of the United States. (Feb. 15, 1893, c. 114, § 11, added, March 3, 1901, c. 836, 31 Stat. 1086.) § 9166. Authority of medical officers acting as quarantime officers—The medical Officers Of the United States, duly clothed with authority to act as Quarantine officers at any port or place within the United States, and when performing the said duties, are hereby authorized to take declarations and admin- ister Oaths in matters pertaining to the administration Of the quarantine laws and regulations of the United States. (Feb. 15, 1893, c. 114, § 12, added, March 3, 1901, c. 836, 31 Stat. 1086.) § 9167. Quarantine stations, grounds, and an- chorages—The Secretary of the Treasury shall have the Control, direction, and management of all quaran- tine stations, grounds, and anchorages established by authority Of the United States, and as soon as practi- Cable after the approval of this Act shall select and designate such suitable places for them and establish the same at such points on or near the Coast line of the United States Or the border of the United States and a foreign country, as in his judgment are best Suited for the same and necessary to prevent the in- troduction of yellow fever into the United States, and, in his discretion, he may also establish at the group of islands known as the Dry Tortugas, at the western end of the Florida reef, and at such other point or points On or near the coast line Of the United States (not to exceed four in the aggregate) as he deems necessary, Quaranthrie grounds, stations, and anchor- ageS, W Ör Whereto infected vessels bound for any port in the United States may be detained or sent for the purpose of being disinfected, having their car- goes disinfected and discharged, if necessary, and their sick treated in hospitals until all danger of in- fection or contagion from such vessels, their cargoes, passengers, or crews has been removed. (June 19, 1906, c. 3433, § 1, 34 Stat. 299.) § 9168. I, and and water selected for quaran- time stations transferred from other depart- ments to Secretary of Treasury, or aequired by purchase or condemnation—In cases in which the title to the land and water SO Selected and designated is in the United States it shall be the duty Of the de- partment, bureau, or official of the United States hav- ing custody or possession of such land and water, or any part thereof, not used by the Government for other purposes designated by law, or possession of Said Dry Tortugas Islands, on demand Of the Secretary of the Treasury, to deliver the same into his custody and possession for the use of the Public Health and Marine-Hospital Service, evidencing such delivery by a suitable instrument in writing to be delivered to the Secretary Of the Treasury. That in cases in which the title to such land and water, or any part thereof, is in any other Owner than the United States it shall be the duty Of the Secretary of the Treasury to secure the title and possession of the same to the United States for the use Of the Public Health and Marine- Hospital Service of the United States, by purchase at a reasonable price, if possible; but if, in his judgment, the price demanded for such property be excessive, he is hereby authorized to apply to the Attorney-General of the United States to cause to be instituted, in the proper tribunal, COndemnation proceedings in the name of the United States for the purpose of acquiring for the United States the title and possession of such land and water, and said Attorney-General shall, as soon as possible after such application by the Secretary of the Treasury, cause Such proceedings to be instituted and conducted to a conclusion, and the custody and possession of such land and Water, when duly acquired in accordance with the award made in Such condemna- tion proceedings, shall be delivered to the Secretary of the Treasury for the use Of the Public Health and Marine-Hospital Service. (June 19, 1906, c. 3433, § 2, 34 Stat. 299.) § 9169. Notice of selection of places for quar- antine stations and anchorages; instrumentali- ties for disinfecting vessels and cargoes and hospital buildings; treatment of sick and eradi- cation of disease—On acquiring possession of any land and water in accordance with the provisions Of this Act for the purpose of establishing thereat à quarantine station and anchorage, the Secretary of the Treasury shall cause to be published in such new S- papers as he may think proper, once a week for four Successive Weeks, a notice Of the Selection and designa- tion of such places for quarantine stations and an- chorages, with a description of the boundaries Of Such Quarantine stations and anchorages, and Such rules and regulations as he shall adopt and promulgate, re- quiring vessels with yellow fever among their passen- gers or crews to go to specified quarantine Stations and anchorages, to be dealt with there before visiting any port of the United States. He shall establish at such quarantine stations and anchorages all necessary instrumentalities for disinfecting vessels and their cargoes, and where the same shall be required shall erect the necessary hospital buildings and install the necessary furniture and fittings for receiving and treating the sick among the passengers and Crews Of vessels going to such quarantine stations and anchor- ages, and provide for the separation of those among their passengers and crews who are suffering from yellow fever from those who are in good health, and shall further provide for doing all things necessary to eradicate Such disease from Such vessels, their Cargoes, passengers, and crews. (June 19, 1906, c. 3433, § 3, 34 Stat. 300.) § 9170. Unauthorized entry within or depar- ture from quarantine grounds or anchorages; masters or owners of vessels violating law or making false statement as to condition of vessel or contents, or as to health of passenger or per- son thereon—Any vessel, or any officer of any VeS- Sel, Or other person other than State health Or Quaran- tine Officers, entering within the limits of any quaran- tine grounds and anchorages, or any quarantine Station and anchorage, or departing therefrom, in disre- gard of the quarantine rules and regulations or With- out the permission of the Officer in charge of such quarantine ground and anchorage, Or of such quaran- time station and anchorage, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than One year, or both, in the discretion of the court. That any master Or owner of any vessel violating any provi- Sion of this Act, or any provision of an Act entitled “An Act granting additional powers and imposing ad- ditional duties on the Marine-Hospital Service,” ap- proved February fifteenth, eighteen hundred and nine- ty-three, or violating any rule or regulation made in accordance with this Act or said Act of February fifteenth, eighteen hundred and ninety-three, relating to the inspection of vessels, or to the prevention of the introduction of contagious Or infectious diseases into the United States, or any master, Owner, or agent of any vessel making a false statement relative to the Sanitary condition of such vessel Or its Contents, or as to the health Of any passenger Or perSOn thereOn shall be deemed guilty of a misdemeanor, and on Con- viction thereof shall be punished by a fine of not more than five hundred dollars Or imprisonment for not more than One year, Or both, in the discretion Of the court. (June 19, 1906, c. 3433, § 4, 34 Stat. 300.) § 91.71. Acquisition of quarantine stations and plasts already established by State or local authorities—In any place where a quarantine Sta- tion and plant is already established by State or local authorities it shall be the duty Of the Secretary Of the Treasury, before selecting and designating a quar- antine station and grounds and anchorage for VeSSels, to examine such established stations and plants, with a view of obtaining a transfer of the site and plants Ch. B) 3 9180 THE PUBLIC HEALTH IPage 1493I to the United States, and whenever the proper au- thorities shall be ready to transfer the same or sur- render the use thereof to the United States, the Secre- tary of the Treasury is authorized to obtain title thereto or possession and use thereof, and to pay a reasonable Compensation thereſor, if, in his Opinion, such purchase or use will be necessary to the United States for quarantine purposes and the quarantine sta- tions established by authority of this Act shall, when SO established, be used to prevent the introduction of all quarantinable diseases. (June 19, 1906, c. 3433, § 5, 34 Stat. 301.) § 9172. Jurisdiction over established station, to be ceded before payment of compensation— Whenever any established station, or any land or wa- ter, or any part thereof, shall be acquired by the United States under the provisions of this Act, ju- risdiction Over the same shall be ceded to the United States by any State in which the same is situated before any compensation therefor shall be paid. (June 19, 1906, c. 3433, § 6, 34 Stat. 301.) § 91.73. Appropriation to prevent epidemics; report of expenditures—Prevention of epidemics: To enable the President, in Case only of threatened or actual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague Or black death, trachoma, or infantile paralysis, to aid State and local boards, or otherwise, in his dis- Cretion, in preventing and suppressing the spread of the same, and in such emergency in the eXecution of any quarantine laws which may be then in force, $400,000: Provided, That a detailed report of the ex- penditures hereunder shall annually hereafter be sub- mitted to Congress. (June 12, 1917, c. 27, § 1, 40 Stat. 121.) § 9.174. Vessels for quarantine officers—That the Secretary of the Navy be, and he is hereby, au- thorized, in his discretion, at the request of the Na- tional Board of Health, to place gratuitously, at the disposal of the commissioners of quarantine, Or the proper authorities at any of the ports of the United States, to be used by them temporarily for quaran- tine purposes, such vessels or hulks belonging to the United States as are not required for Other uses of the national government, Subject to such restrictions and regulations as the said Secretary may deem neC- essary to impose for the preservation thereof. (June 14, 1879, No. 6, 21 Stat. 50.) § 9.175. Trespass on quarantine reservations; vessels entering United States in violation of Haws—Whenever any person shall trespass upon the grounds belonging to any quarantine reservation, or whenever any person, master, pilot, or owner of a VeS- sel entering any port of the United States, shall SO enter in violation of section one of the act entitled “An act to prevent the introduction Of contagious Or infectious diseases into the United States,” approved April twenty-ninth, eighteen hundred and Seventy- eight, or in violation of the quarantine regulations framed under said act, such person, trespassing, OT such master, pilot, or other person in command Of a vessel shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to imprisonment for a period of not more than thirty days, or shall be punished by both fine and imprison- ment, at the discretion of the court. And it shall be the duty of the United States attorney in the dis- trict where the misdemeanor shall have been Commit- ted to take immediate cognizance of the Offense, up- on report made to him by any medical officer of the Marine Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act. (Aug. 1, 1888, c. 727, § 1. 25 Stat. 355.) See §§ 9198 9134, 9155. § 91.76. Regulations to prevent spread of con- tagious diseases; violation of rules–Whenever it shall be made to appear to the satisfaction of the President that cholera, yellow-fever, smallpox, or plague exists in any State or Territory, or in the Dis- trict of Columbia, and that there is danger of the Spread Of Such disease into other States, Territories, Or the District of Columbia, he is hereby authorized to cause the Secretary of the Treasury to promul- gate Such rules and regulations as in his judgment may be necessary to prevent the spread of such disease from One State or Territory into another, or from any State or Territory into the District of Columbia, or from the District Of Columbia into any State Ol: Ter- ritory, and to employ such inspectors and other per- SOns as may be necessary to execute such regulations to prevent the spread of such disease. The said rules and regulations shall be prepared by the Supervising Surgeon General of the Marine Hospital service un- der the direction. Of the Secretary Of the Treasury. And any person who shall willfully violate any rule Or regulation SO made and promulgated shall be deem- ed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars, Or imprisonment for not more than two years, or both, in the discretion of the court. (March 27, 1890, c. 51, § 1, 26 Stat. 31.) See §§ 9128, 9134. § 917.7. Violation of quarantine laws; by of- ficers—Any officer, or person acting as an officer, Or agent Of the United States at any quarantine Station, or other person employed to aid in preventing the spread of such disease, who shall willfully Violate any of the quarantine laws of the United States, Or any of the rules and regulations made and promul- gated by the Secretary of the Treasury as provided for in section One of this act, Or any lawful Order Of his superior officer or officers, shall be deemed guilty Of a misdemeanor, and upon COnviction shall be puri- ished by a fine of not more than three hundred dol- lars Or imprisonment for not more than One year, Ur both, in the discretion of the court. (March 27, 1890, c. 51, § 2, 26 Stat. 31.) § 91.78. Same; by common carriers—When any Common carrier or officer, agent, or employee of any Common Carrier shall willfully violate any Of the Quarantine laws Of the United States, Or the rules and regulations made and promulgated as provided for in Section One Of this act, Such COmm On Carrier, Officer, agent, or employee, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not more than five hundred dollars, or imprisonment for not more than two years, or both, in the discretion of the Court. (March 27, 1890, c. 51, § 3, 26 Stat. 31.) § 91.79. Removal of revenue officers from port —Whenever, by the prevalence of any contagious or epidemic disease in Or near the place by law estab- lished as the port of entry for any Collection-district, it becomes dangerous Or in Convenient for the Officers Of the revenue employed therein to COntinue the dis- charge Of their respective Offices at such port, the Sec- retary of the Treasury, Or, in his absence, the First Comptroller, may direct the removal of the officers of the revenue from such port to any other more con- venient place, Within, Or as near as may be to, Such Collection-district. And at such place such officers may exercise the same powers, and Shall be liable to the same duties, according to existing circumstances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. (R. S. § 4797.) See § 3256. § 9180. Same; public offices from capital—In case of the prevalence of a contagious or epidemic disease at the seat Of Government, the President may permit and direct the removal of any or all the pub- lic offices to such other place or places as he shall deem most safe and convenient for conducting the public business. (R. S. § 4.798.) See § 33. & 9181 (Tit. 58 THE PUBLIC HEALTH [Page 1494] § 91.81. Adjournment of courts—Whenever, in the Opinion. Of the Chief Justice, Or, in case of his death, or inability, Of the senior associate justice of the Supreme Court, a contagious or epidemic sickness shall render it hazardous to hold the next Stated Session of the Court at the Seat Of Government, the Chief or such associate justice may issue his Order to the marshal Of the Supreme Court, directing him to adjourn the next session of the court to such other place as such justice deems convenient. The marshal shall thereupon adjourn the court, by making publica- tion thereof in one or more public papers printed at the seat Of Government from the time he shall re- ceive such Order until the time by law prescribed for Commencing the session. The several Circuit and district judges shall, respectively, under the same Circumstances, have the Same power, by the Same means, to direct adjournments of the several circuit and district Courts to Some Convenient place Within their districts respectively. (R. S. § 4799.) § 91.82. Removal of prisoners—The judge of any district Court, within whose district any contagious or epidemic disease shall at any time prevail, SO as, in his opinion, to endanger the lives of persons Con- fined in the prison of such district, in pursuance of any law of the United States, may direct the marshal to cause the persons so confined to be removed to the next adjacent prison where such disease does not prevail, there to be confined until they may safely be removed back to the place of their first confine- ment. Such removals shall be at the expense of the United States. (R. S. § 4800.) Chapter C–Leprosy Sec. 9183. Hospital station and laboratory at Molokai, Hawaii. 91.84. Patients; admission and treatment. 9185. Detail of medical officers and employés of Public Health Service. 9186. Regulations for administration. 91.87. Additional pay and allowances to officers detailed. 9188. Additional compensation to officers engaged in investi- gations. LEPROSY HOME 9183a. Establishment; administration by Public Health Serv- ice; transfer of abandoned military reservation for use of. - 9188b. Persons receivable into; removal of afflicted persons to. 9188c. Regulations. 91886. Erection of buildings. - 91886. Detail of officers of Public Health Service to ; pay. 9188f. Appropriation. § 9183. Hospital station and laboratory at Molokai, Hawaii—When the Territorial government of EHawaii shall cede to the United States in perpetul- ty a suitable tract of land one mile square, more or less, on the leper reservation at Molokai, Eſawaii, there shall be established thereon a hospital Station and laboratory of the Public Health and Marine-HOS- pital Service of the United States for the study of the methods of transmission, cause, and treatment Of leprosy. (March 3, 1905, c. 1443, § 1, 33 Stat. 1009.) § 9184. Patients; admission and treatment— For the purposes of this Act the Surgeon-General, through his accredited agent, is authorized to receive at such station such patients afflicted with leprosy as may be committed to his care under legal authoriza- tion of the Territory of Hawaii, not to exceed forty in number to be under treatment at any time, Said patients to remain under the jurisdiction of the said Surgeon-General, or his agent, until returned to the proper authorities of Hawaii. (March 3, 1905, c. 1443, § 3, 33 Stat. 1009.) - w § 9.185. Detail of medical offieers and elm- ployés of Public Health Service—The Surgeon-Gen- eral of the Public Health and Marine-HOSpital Serv- ice of the United States is authorized to detail Or ap- point, for the purposes of these investigations and treatment, such medical officers, acting assistant sur- geons, pharmacists, and employees as may be neces- sary for said purpose. (March 3, 1905, c. 1443, § 4, 33 Stat. 1009.) § 91.86. Regulations for administration—The Surgeon-General of the Public EHealth and Marine- PIOSpital Service shall, subject to the approval of the Secretary of the Treasury, make and adopt regula- tions for the administration and government of the hospital station and laboratory and for the manage- ment and treatment of all patients of such hospital. (March 3, 1905, c. 1443, § 6, 33 Stat. 1010.) § 91.87. Additional pay and allowances to of— ficers detailed—When any commissioned or noncom- missioned officer of the Public Health and Marine- Hospital Service is detailed for duty at the lepro- Sarium herein provided for, he shall receive, in addi- tion to the pay and allowances of his grade, one-half the pay of said grade and such allowances as may be provided for by the Surgeon-General of the Public Health and Marine-Hospital Service, with the ap- proval of the Secretary of the Treasury. (March 3, 1905, c. 1443, § 7, 33 Stat. 1010.) $ 9.188. Additional compensation to officers engaged in investigations—Maintenance Of leproSy hospital, EIawaii: For mainterance of leprosy hos- pital, Hawaii, including pay of officers and employees: Provided, That the provisions of Section seven of the Act of March third, nineteen hundred and five, as to Compensation shall apply to said officers while en- gaged in investigations of leprosy at Kalihi and other places in Hawaii, thirty-three thousand dollars. (March 4, 1911, c. 285, § 1, 36 Stat. 1394.) LEPROSY BIOME § 91.88a. Establishment; administration by Public Health Service; transfer of abandoned military reservation for use of—For the purpose Of Carrying out the provisions of this Act the Sec- retary of the Treasury is authorized to select and Obtain, by purchase or otherwise, a site suitable for the establishment of a home for the care and treat- ment of persons afflicted with leprosy, to be adminis- tered by the United States Public Health Service; and either the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, or the Secretary of Agriculture is authorized to transfer to the Secre- tary of the Treasury any abandoned military, naval, Or Other reservation Suitable for the purpose, Or as much thereof as may be necessary, with all buildings and improvements thereon, to be used for the purpose of said home. (Feb. 3, 1917, c. 26, § 1, 39 Stat. 872.) § 9188h. Persons receivable into; removal of afflicted persons to—There shall be received into said home, under regulations prepared by the Surgeon General of the Public EIealth Service, with the ap- proval of the Secretary of the Treasury, any person afflicted with leprosy who presents himself or her- Self for care, detention, and treatment, Or Who may be apprehended under authority of the United States quarantine Acts, or any person afflicted with leprosy duly consigned to said home by the proper health all- thorities of any State, Territory, or the District of Columbia. The Surgeon General of the Public Health Service is authorized, upon request of said authorities, to send for any person afflicted with leprosy within their respective jurisdictions, and to convey said per- sons to such home for detention and treatment, and when the transportation of any such person is under- taken for the protection of the public health, the ex- pense of Such removal shall be paid from funds set aside for the maintenance of said home. (Feb. 3, 1917, c. 26, § 2, 39 Stat. 873.) § 91.88c. Regulations—Regulations shall be pre- pared by the Surgeon General of the Public Health Service, with the approval Of the Secretary of the Treasury, for the government and administration of said home and for the apprehension, detention, treat- ment, and release of all persons who are inmates thereof. (Feb. 3, 1917, c. 26, § 3, 39 Stat. 873.) § 91884. Erection of buildings—That the Sec- retary of the Treasury be, and he is hereby, authoriz- Ch. 1) HOSPITALS, ASYLUMS, AND CEMETERIES § 9196 g [Page 14951 ed to cause the erection upon such site of suitable and retary of the Treasury. (Feb. 3, 1917, c. 26, § 5, 39 necessary buildings for the purposes of this Act at | Stat. 873.) a Cost not to exceed the sum herein appropriated for § 91.88f. Appropriation—For the purposes of such purpose. (Feb. 3, 1917, c. 26, § 4, 39 Stat. 873.) carrying out the provisions of this Act there is here- § 91886. Detail of officers of Public Health by appropriated, from any money in the Treasury not Service to; pay—When any commissioned or other otherwise appropriated, the Sum of $250,000, Or as Officer Of the Public Health Service is detailed for much thereof as may be necessary, for the preparation duty at the home herein provided for he shall receive, of said home, including the erection of necessary in addition to the pay and allowances of his grade, buildings, the maintenance of the patients, pay and One-half the pay of said grade and such allowances Imaintenance Of necessary Officers and employés, un- aS may be provided by the Surgeon General of the til June thirtieth, nineteen hundred and seventeen. Public Health Service, with the approval of the Sec- I (Feb. 3, 1917, c. 26, § 6, 39 Stat. 873.) TITLE LIX—HOSPITALS, ASYLUMS, AND CEMETERIES Chap. Sec. Chap. Sec. 1. Hospltal relief for searmen . . . . . . . . . . . . . . . . . . . . . . . 9189 3. The National Horne for Disabied Volunteer Sol- 1A. Navy hospitals, Naval Home, and Army and diers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9233 Navy hospitals. . . . . . e s e º e º e º e e s e e tº a º te tº e . . . . . . . 919.9 4. The Government Hospital for the linsane. . . . . . . . 9292 2. The Soldiers’ Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9213 5. The Columbia institution for the Deaf. . . . . . . . . . 9340 6. National cemeteries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9362 Chapter One—Hospital Relief for thereof be entitled to any benefit, or relief from the marine-hospital fund. (R. S. § 4804.) Sec. - –Seamen - ~ $ 9.192. Admission to marine hospitals and 9189. Gifts in aid of marine hospitals. treatment of employés of Life-Saving Service- #. Yº...º.º.º. - ting-trad luded The privilege of admission to and temporary treat- ; :::::::::: *, *.*.*.si...º.º.º.m. ment in the marine hospitals under the control of the ployés of Life-Saving Service. © Government of the United States be, and is hereby, ; §º. º,"; extended to the keepers and crews of the Life-Sav- 91.95. Admission §o. of diseased persons for study. ing Service under the Same rules and regulations as §136 officers and employes of Public Health service entitled those governing Sailors and Seamen, and for the pur- to hospital relief. . - poses Of this Act members of the Life-Saving Service 9197. Lease or sale of marine hospitals. shall be received in said hospitals and treated there- º, ºne ºf easins of marine-hospitals. . in, and at the dispensaries thereof, as are seamen § 9-189. Gifts in aid of marine hospitals—The of American registered vessels; but this Act shall President is authorized to receive donations Of real Or In Ot be So Construed as to compel the establishment Persºnal property, in the name of the United States; of hospitals or dispensaries for the benefit of said for the erection or support of hospitals for sick and keepers and Crews, nor as establishing a home for disabled seamen. (R. S. § 4801.) the Same When permanently disabled. (Aug. 4, 1894 (R. S. § 4803. Superseded.) c. 213, 28 Stat. 229.) y (Aug. 4, 5 This section provided for the deposit of moneys col- § 9igs Same: foreign seamen—Sick foreign º 9 *> lected under provisions imposing a tax upon seamen for sº • e hospital purposes, with the depositarles of public moneys, Seamen may be admitted to the marine hospitals to be placed to the credit, of “the fund for the relief of within the United States, if it can with convenience sick and disabled seamen,” and appropriated such ſund º º * for the expenses of the Marine-Hospital Service. It was be done, On the application Of the master of any for- Superseded by the repeal, by the Shipping Act of June 26, eign vessel to Which any such Seaman imay belong. 1884, c. 121, § 15, 23 Stat. 57, of R. S. §§ 4585–4587, and all Each seaman so admitted Shall be subject to a charge other acts and parts of acts providing for the assessment º & and collection of a hospital tax on seamen, with the fur- Of seventy five cents per day for each day he may ther provision that the expense of maintaining the Marine- remain in the hospital, which shall be paid by the ºal sº jº. be º by the Hºte: sº master of Such foreign vessel to the Collector Of the of the receipts for tonnage duties provided for by tha. inn-flict-ri - º { & º º e act, and so much thereof as might be necessary was ap- Collection-district in which such hospital is situated. propriated for that purpose. But so much of Said Sec- And, the collectOr shall not grant a Clearance to any tion 15 of Act June 26, 1884, c. 121, as made a permanent foreign vessel until the money SO due from her mas- appropriation of the receipts for duties on tonnage for ter shall be paid. The Officer in Charge of each hos- the expenses of maintaining the Marine-Hospital Service - º * * * "...s j. j. x. M.; 3. igſ."... iſ.’ i. 33 stat. pital is hereby directed, under penalty of fifty dol- 1217, and the Secretary of the Treasury was directed to lars, to make out the accounts against each foreign Submit to Congress annually, in the Book of Estimates, Seaman that may be placed in the hospital under his detailed estimates of maintaining the Service, by a fur- - e * ther provision of said last-mentioned act (§ 6694). A. per- direction, and render the SåIſle to the COllector. (IR. manent appropriation of the proceeds of leases and sales S. § 4805.) - of marine hospital buildings, etc., for the marine hospital § 9.194. Care of foreign seamen—That sick and establishment, was made by R. S. § 3689 [$ 6799 (24)]. The º * 3 QS ſy * - designation of the Marine-Hospital Service was changed to disabled seamen of foreign Vessels and of vessels not the Public Health and Marine-Hospital Service by Act July subject to hospital-dues may be cared for by the 1, 1902, c. 1370, $ 1, ante, , § 9134, and, was again, changed marine-hospital Service at Such rates and under such to the Public Health Service by Act Aug. 14, 1912, c. 288, regulations as the Secretary Of the Treasury may pre- 1. 128). s'9136: "word “seaman” defined—that term scribe (starch 8, isºciº 56, is stat 486.5 “Seaman,” wherever employed in legislation relating $ 9.195. Admission to hospitals of diseased to the marine-hospital service, shall be held to include person for study-For maintenance of marine hos- any person employed on board in the care, preserva- pitals, * * There may be admitted into Said hos- tion, or navigation of any vessel, or in the service, pitals for Study persons With infectious or other dis- on board, of those engaged in such care, preservation, eases affecting the public health, and not to exceed or navigation. (March 3, 1875, c. 156, § 3, 18 Stat. ten cases in any one hospital at One time. (March 28, 485.) 1918, c. 28, § 1, 40 Stat.) § 9191. Employés on canal-boats in coasting- § 91.96. Officers and employés of Public Health trade excluded-No person employed in or connected | Service entitled to hospital relief–Hereafter com- with the navigation, management, or use of Canal- missioned officers and pharmacists, and those em- boats engaged in the Coasting-trade shall by reason ployees of the service devoting all their time to field # 9197 (Tit. 59 HospitaLs, ASYLUMS, AND CEMETERIES IPage 1496] Work, shall be entitled to hospital relief when taken Sick or injured in line of duty. (June 23, 1913, c. 3, § 1, 38 Stat. 24.) § 91.97. Lease or sale of marine hospitals— The Secretary of the Treasury is authorized to lease, Or to sell at public auction, to the highest and best bidder, for Cash, after due notice in the public news- papers, Such marine-hospital buildings and lands ap- pertaining thereto as he may deem it advisable to Sell, and to make, execute, and deliver all needful COn Veyances to the lessees or purchasers thereof re- Spectively ; and the proceeds of such leases and sales are hereby appropriated for the marine-hospital es- tablishment. But the hospitals at Cleveland in Ohio, and Portland in Maine, shall not be sold or leased. And this section shall not be construed to authorize the Secretary of the Treasury to lease or sell any such hospital where the relief furnished to sick mariners Shall Show an extent of relief equal to twenty cases a day on an average for the last preceding four years, Or Where no other suitable and sufficient hospital ac- COImmodations can be procured upon reasonable terms for the Comfort and convenience of the patients. (R. S. § 4806.) See § 6799 (24). - § 9 iS8. Renting or leasing of marine-hospi- tals—The Secretary of the Treasury may rent or lease Such marine-hospital buildings, and the lands ap- pertaining thereto, as he may deem advisable in the interests of the marine-hospital service; and the proceeds of such rents or leases are hereby appropri- ated for the said service. (March 3, 1875, c. 156, § 4, 18 Stat. 485.) Chapter One A–Navy Hospitals, Naval Home, and Army and Navy Hospitals 9199. Superintendence of Navy hospitals. 9200. Deduction from pay of seamen for Navy hospital fund. . 9201. Appropriation of fines. - 9202. Disposition of forfeitures for desertions. 9203. Establishment of Navy hospitals. 9204. Government of Naval Asylum. Moneys derived from sale or rental of property at Na- wal Home turned into pension fund 9205. Employment of beneficiaries in Naval Home for per- formance of services. w 9206. Allowance of rations to Navy hospitals. 9207. Pension paid to fund for benefit of Home or hospital. 9208. Deposit of moneys of deceased beneficiaries of Naval Home. Dispositions of pensions of beneficiaries of Naval Home. . . Erection of building costing in excess of $30,000 for Army hospitals. 9209. Army and Navy hospital at Hot Springs; establishment; regulation. 9210. Same; patients subject to rules and articles for govern- ment of armies. 9211. Hospital for tuberculosis at Fort Bayard. 92.12. Same; patients to be subject to articles of War. § 91.99. Superintendence of Navy Hospitals— The Secretary of the Navy shall have the general Charge and superintendence of Navy hospitals. (R. S. § 4807.) § 9200. Deduction from pay of seamen for Navy hospital fund—The Secretary of the Navy Shall deduct from the pay due each officer, seaman and marine, in the Navy, at the rate of twenty cents per month for each person, to be applied to the fund for Navy hospitals. (R. S. § 4808.) § 9201. Appropriation of fines—All fines im- posed on navy Officers, seamen, and marines shall be paid to the Secretary of the Navy, for the mainte- nance of Navy hospitals. (R. S. § 4809.) § 9202. Disposition of forfeitures for deser- tions—From and after July first, nineteen hundred, all forfeitures on account of desertion shall be passed to the credit of the naval hospital fund. (June 7, 1900, c. 859, 31 Stat. 697.) § 9203. Establishment of Navy hospitals—The Secretary of the Navy shall procure at suitable places proper sites for Navy hospitals, and if the necessary buildings are not procured with the site, shall cause Such to be erected, having due regard to economy, and giving preference to such plans as with most Convenience and least cost will admit of subsequent additions, when the funds permit and circumstances require; and shall provide, at one of the establish- ments, a permanent asylum for disabled and decrepit Navy Officers, seamen, and marines: Provided, That hereafter no sites shall be procured or hospital build- . ings erected or extensions to existing hospitals made unless hereafter authorized by Congress. (R. S. § 4810, amended, March 4, 1913, c. 148, 37 Stat. 902.) § 9204. Government of Naval Asylum—The asylum for disabled and decrepit Navy Officers, sea- men, and marines shall be governed in accordance With the rules and regulations prescribed by the Sec- retary of the Navy. (R. S. § 481.1.) § 9204a. Moneys derived from sale or rental of property at Naval Home turned into pension fund-All moneys derived from the sale of material at the Naval Home, which was originally purchas- ed from moneys appropriated from the income from the naval pension fund, and all moneys derived from the rental of Naval Home property, shall here- after be turned into the naval pension fund. (March 4, 1917, c. 180, 39 Stat. 1175.) § 9205. Employment of beneficiaries in Naval Home for performance of services—For the per- formance of Such additional services in and about the Naval Home as may be necessary the Secretary of the Nayy is authorized to employ, on the recommen- dation of the governor, beneficiaries in said Home, Whose Compensation shall be fixed by the Secretary and paid from the appropriation for the support of the Home. (Aug. 22, 1912, c. 335, 37 Stat. 334.) § 9206. Allowance of rations to Navy hospi- tals--For every Navy officer, seaman, or marine ad- mitted into a Navy hospital, the institution shall be allowed One ration per day during his continuance therein, to be deducted from the account of the Unit- ed States with such officer, seaman, or marine. (R. S. § 4812.) § 9207. Pensions paid to fund for benefit of Home or hospital—Whenever any officer, seaman, or marine entitled to a pension is admitted to the Naval Home at Philadelphia, or to a naval hospital, his pension, While he remains there, shall be deducted from his accounts and paid to the Secretary of the Navy for the benefit of the fund from which such home or hospital, respectively, is maintained; and Section forty-eight hundred and thirteen of the Revis- ed Statutes of the United States is hereby amended accordingly. (R. S. § 4813, amended, March 3, 1899, c. 421, 30 Stat. 1027.) - See § 9096. - § 9208. Deposit of moneys of deceased benefi- ciaries of Naval Home—EIereafter all moneys be- longing to a deceased beneficiary of the Naval Home Or derived from the sale of his personal effects, not Claimed by his legal heirs or next of kin, shall be de- posited with the pay officer of the Naval Eſome, and if any Sum SO deposited has been Or shall hereafter be unclaimed for a period of two years from the death of such beneficiary it shall be deposited in the Treas- ury to the credit of the naval pension fund: And pro- vided further, That the governor of the Naval Home is hereby authorized and directed, under such regula- tions as may be prescribed by the Secretary of the Navy, to make diligent inquiry in every instance after the death of an inmate to ascertain the whereabouts of his heirs or next of kill: And provided further, That claims may be presented hereunder at any time within five years after moneys have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration. (June 30, 1914, c. 130, 38 Stat. 398.) . - § 9208a. Dispositions of pensions of benefi- ciaries of Naval Home—The pensions of beneficia- Ch. 2) 2 9219 HOSPITALS, ASYLUMS, AND CEMETERIES IPage 1497.I ries of the Naval Home shall be disposed of in the same manner as prescribed for inmates Of the Sol- diers’ Home, as provided for in Section four of the Act approved March third, eighteen hundred and eighty-three, under such regulations as the Secretary of the Navy may prescribe, except that in the case of death of any beneficiary leaving no heirs at law nor noxt of kin any pension due him shall, subject to the foregoing provisions, escheat to the naval pen- sion fund. (June 30, 1914, c. 130, 38 Stat. 398.) § 9208b. Erection of building costing in ex- cess of $30,000 for Army hospitals—No building or structure of a permanent nature, the cost of which shall exceed $30,000, shall hereafter be erected for use as an Army hospital unless by special authority of Congress. (May 12, 1917, c. 12, 40 Stat. 58.) § 9209. Army and Navy hospital at Hot Springs; establishment; regulation—Army and Navy hospital at Eſot Springs, Arkansas, which shall be erected by and under the direction of the Secretary of War, in accordance with plans and specifications to be prepared and submitted to the Secretary of War by the Surgeons-General of the Army and Navy; which hospital, when in a condition to receive patients, shall be subject to such rules, regulations, and re- strictions as shall be provided by the President of the United States: Provided further, That such hos- pital shall be erected on the government reservation at or near Hot Springs, Arkansas. (June 30, 1882, C. 254, § 1, 22 Stat. 121.) § 9210. Same; patients subject to rules and articles for government of armies—Bereafter all persons admitted to treatment in the Army and Navy General Hospital at Hot Springs, Arkansas, shall, while patients in said hospital be Subject to the rules and articles for the government of the armies of the United States. (March 3, 1909, c. 252, 35 Stat. 748.) § 921 1. Hospital for tuberculosis at Fort Bayard—The hospital at Fort Bayard, New Mexico, for the treatment of tuberculosis, shall be opened to the treatment of the Officers and men of the Navy and Marine Corps. (March 2, 1907, c. 2511, 34 Stat. 1172.) § 92.12. Same; patients to be subject to arti- cles of war—All persons admitted to treatment in the general hospital at Fort Bayard, New Mexico, shall, while patients in said hospital, be subject to the rules and articles for the government Of the armies of the United States. (June 12, 1906, c. 3078, 34 Stat. 255.) Chapter Two—The Soldiers’ Home Sec. 92.13. Who may become members. 9214. Board of Commissioners. 92.15. Same. 92.16. Same; composition; and Military Prison; port. 9217. Officers. 9218. Same; selection by President; 9219. Sites and buildings. 9220. Funds. 9221. Donations. 9222. Deposit of funds; 9223. Same; transfer. 9224. Borrowing money on credit of Home. 9225. Persons entitled to benefits of Home. 92.26. Who are excluded. 9227. Rights of pensioners and surrender of pensions. 9228. Allotment of pensions. 9229. Discharge. 9230. Inmates subject to Articles of War. 9231. Uniform for inmales. 9232. Out-door relief to persons entitled to admission. 9233. Sale of liquors within mile of Home. 9234. Limitation of expenditures; purchase of supplies. 9235. Medical supplies. 9236. Annual report of Board; 9237. Inspection; report. § 92.13. Who may become members—All sol- diers of the Army of the United States, and all sol- diers who have been, or may hereafter be, of the Army of the United States, and who have contributed, or government and control of Home president of board; annual re- bond of treasurer. interest; principal. transmission to Congress. may hereafter contribute, according to section forty- eight hundred and nineteen, to the support of the Sol- diers' Home hereby created, and the invalid and dis- abled soldiers, whether regulars or volunteers, of the War Of eighteen hundred and twelve, and of all Subse- quent wars, shall, under the restrictions and provi- sions which follow, be members of the Soldiers' Eſome, with all the rights annexed thereto. (R. S. § 4814.) § 9214. Board of Commissioners—The [Commis- Sary-General Of Subsistence, the Surgeon-General, and the Adjutant-General] shall constitute a board of Commissioners for the Soldiers' Iſome, any [twol of Whom shall be a quorum for the transaction of busi- ness, whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to Visit and inspect the Soldiers' Eſome at least Once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the govern- ment and interests Of the Same, as authorized by this chapter. (R. S. § 4815.) Text in brackets superseded by §§ 92.15, 92.16. And See § 9237. § 92.15. Same—The Board of Commissioners of the Soldiers’ Home shall hereafter consist Of [the General in Chief commanding the Army the Surgeon General, the Commissary General, the Adjutant Gen- eral, the Quartermaster General, the Judge Advocate General and the Governor of the Home, and the Gen- eral in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business. (March 3, 1883, c. 130, § 10, 22 Stat. 565.) See §§ 1763, 1766. Text in brackets superseded by § 92.16. § 92.16. Same; composition; government and control of Home and Military Prison; president of board; annual report—-Eſereafter the government and control Of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers’ Home, which board shall consist as at present Of the Sur- geon-General, the Commissary-General, the Adjutant- General, the Quartermaster-General, the Chief of En- gineers, the Judge-Advocate-General, and the GOVern- or of the Home, and the president of said board, who shall be the senior in rank Of the members thereof, shall Submit annually to the Secretary of War, for transmission to Congress, a full statement Of the finan- Cial and other affairs of both the home and the prison for the preceding fiscal year. (March 4, 1909, Č. 299, § 1, 35 Stat. 1004.) See § 2458a (3). § 9217. Officers—The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each Separate site of the home, the latter to be also treasurer; and the Officers shall be taken from the Army, and appointed Or removed, from time to time, as the interests of the institution may require, [by the Secretary of War, on the recom- mendation of the board of Commissioners]. (R. S. § 4816.) See § 2074. § 9218. Same; selection by President; borld of treasurer--The Governor and all other officers of the Home shall be selected by the President Of the United States, and the Treasurer of the Home shall be required to give a bond in the penal sum of twen- ty thousand dollars for the faithful performance of His duty. (March 3, 1883, c. 130, § 7, 22 Stat. 565.) § 9219. Sites and buildings—The commission- ers of the Soldiers' HOme, by and with the approval Of the President, shall procure for immediate use, at a suitable place or places, a site or sites for the Soldiers' Home, and if the necessary buildings cannot be procur- ed with the sites, to have the same erected, having due regard to the health of the locations, facility of access, and eCOnomy, and giving preference to Such places as, with the most convenience and least Cost, 3 9220 (Tit. 59 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 1498] Will accommodate the persons entitled to the benefits of the Soldiers’ Home. (R. S. § 4817.) § 9220. Funds—For the support of the Soldiers’ Home the following funds are set apart, and are here- by appropriated: All stoppages or fines, adjudged against Soldiers by Sentence of courts-martial, Over and above any amount that may be due for the re- imbursement of Government, or of individuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased soldiers, which are or may be unclaimed for the period of three years Subsequent to the death of such soldiers, to be repaid by the commissioners of the institution, upon the demand Of the heirs or legal representatives of the deceased. (R. S. § 4818.) See §§ 2162a, 6799 (33). § 9221. Donations—The commissioners are also authorized to receive all donations of money Or prop- erty made by any person for the benefit of the in- stitution, and hold the same for its sole and exclu- Sive use. (R. S. § 4819, amended, June 12, 1906, C. 3078, 34 Stat. 242, and May 11, 1908, c. 163, 35 Stat. 110.) § 9222. Deposit of funds; interest; princi- pal—All funds Of the HOme not needed for Current use, and Which are not now invested in United States registered bonds, shall, as SOOn as received, Or as SOOn as present investments can be Converted into money without loss, be deposited in the Treasury Of the United States to the Credit Of the HOnne, as a permanent fund, and shall draw interest at the rate Of three per centum per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like manner. principal sum so deposited shall be withdrawn for use except upon a resolution of the board of Com- missioners stating the necessity and approved by the Secretary of War. (March 3, 1883, c. 130, § 8, 22 Stat. 565.) - § 9223. Same; transfer—The Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on deposit, subject to the checks or drafts Of the treasurer of the Soldiers’ Home in the District of Columbia, all funds which may now be under the control of the said Treasurer of the Soldiers' Home, or may hereafter be furnished him or in any manner come into his possession for use in defraying the current expenses of maintain- ing the said Soldiers' Home, and, upon the request of Said treasurer Of the Soldiers’ Home, there shall be transferred, from funds to his credit With the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such sums as he may require monthly or quarterly for payments on account of “Out-door relief” to members Of Said Soldiers’ HOme residing at a distance therefrom. (Jan. 16, 1891, C. 74, 26 Stat. 718.) § 9224. Borrowing money on credit of Home —NO Officers of the Home shall borrow any money On the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. (March 3, 1883, c. 130, § 9, 22 Stat. 565.) § 9225. Persons entitled to benefits of Home —The following persons, members of the Soldiers’ Home, according to section forty-eight hundred and fourteen, shall be entitled to the rights and benefits herein COnferred, and no Others: First. Every soldier of the Army of the United States Who has served, or may serve, honestly and faithfully twenty years in the same. Second. Every soldier and every discharged sol- dier, whether regular or volunteer, who has suffered, Or may Suffer, by reason. Of disease Or Wounds incur- red in the service and in the line of his duty, render- ing him incapable of further military service, if such disability was not occasioned by his own misconduct. No part of the Third. The invalid and disabled soldiers, whether regulars or Volunteers, of the War of eighteen hun- dred and twelve and of all subsequent wars. (R. S. § 4821.) - § 9226. Who are excluded—The benefits of the Soldiers' Home shall not be extended to any soldier in the regular or Volunteer service, convicted of fel- ony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States; nor shall any One who has been a deserter, mutineer, Or habitual drunkard be re- Ceived, without such evidence of Subsequent Service, good conduct, and reformation of character, as is Satisfactory to the Commissioners. (R. S. § 4822.) § 9227. Rights of pensioners and surrender of pensions—The fact that One to whom a pension has been granted for wounds or disability received in the military service has not contributed to the funds of the Soldiers’ Home shall not preclude him from admission thereto. But all such pensioners shall sur- render their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits. (R. S. § 4820.) § 9228. Allotment of pensions—Any inmate of the Home who is receiving a pension from the gov- ernment, and who has a child, wife, Or parent living, shall be entitled, by filing with the pension agent from whom he receives his money a written direc- tion to that effect, to have his pension, or any part of it, paid to such child, wife, or parent. The pen- SiOnS Of all who now are Or shall hereafter become in- mates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him. On his discharge from the institution. The board Of COmmissioners may from time to time pay over to any inmate such part of his pension- money as they think best for his interest and COnSist- ent with the discipline and good order of the Home, but such pensioner shall not be entitled to demand Or have the Same so long as he remains an inmate Of the Home. In case of the death of any pensioner, any pension money due him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the Home. (March 3, 1883, c. 130, § 4, 22 Stat. 564.) § 9229. Discharge—Any soldier admitted into the Soldiers’ Home for disability who recovers his health, SO as to become fit again for military service, if under fifty years of age, shall be discharged. (R. S. § 4823.) § 9230. Inmates subject to Articles of War— All persons admitted into the Soldiers’ Home shall be subject to the Rules and Articles of War in the Same manner as soldiers in the Army. (R. S. § 4824.) See § 2308a. (2). § 9231. Uniform for inmates—A suitable uni- form shall be furnished to every inmate of the Home, Without cost to him. (March 3, 1883, c. 130, § 5, 22 Stat. 565.) § 9232. Out-door relief to persons entitled to admission—The board of Commissioners are au- thorized to aid persons who are entitled to admission to the Home, by out-door relief, in such manner and to Such an extent as they may deem proper; but such relief shall not exceed the average cost of maintain- ing an inmate of the Home. (March 3, 1883, c. 130, § 6, 22 Stat. 565.) § 9233. Sale of liquors within mile of Home— On and after the passage of this act no license for the Sale of intoxicating liquor at any place within One mile Of the Soldiers' Home property in the Dis- Ch. 3) 3 9241 HOSPITALS, ASYLUMS, AND CEMETERIES - [Page 14991 trict of Columbia shall be granted. (Feb. 28, 1891, c. 385, 26 Stat. 797.) § 9234. Limitation of expenditures; purchase of supplies—No new building shall be erected or new grounds purchased, nor shall any expenditure of Imore than five thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be purchased upon contract shall be so purchased, after due notice by advertisement, Of the lowest responsible bidder. Such bidder shall give bond, with proper se- curity, for the performance of his contract. (March 3, 1883, c. 130, § 3, 22 Stat. 564.) § 9235. Medical supplies—Hereafter, upon prop- er application therefor, the Medical Department Of the Army is authorized to sell medical and hospital Supplies at its contract prices to the Soldiers’ Home in the District of Columbia. (June 4, 1897, c. 2, § 1, 30 Stat. 54.) § 9236. Annual report of Board; transmission to Congress—The board of commissioners of the Sol- diers’ Home shall every year report in writing to the Secretary of War, giving a full statement of all receipts and disbursements of money, Of the man- ner in which the funds are invested of any changes in the investments, and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full understanding Of the condition and management of the Home. The Secretary of War shall have power to call for and re- Quire any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of War, together with the report of the inspecting officer hereinafter provided for, trans- mitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be deposited in each garrison and post library. (March 3, 1883, c. 130, § 1, 22 Stat. 564.) See § 92.16. § 9237. Inspection; report—The Inspector Gen- eral Of the Army shall, in person, Once in each year thoroughly inspect the Home, its records, accounts, management, discipline, and Sanitary condition, and shall report thereon in Writing, together with Such Suggestions as he desires to make. (March 3, 1883, c. 130, § 2, 22 Stat. 564.) Chapter Three—The National Home For Disabled Volunteer Soldiers Sec. 9238. Organization of Home. 9238a. Headquarters of Home. 9239. Election of citizen managers. 9240. Number of managers. 9241. Election of officers of board of managers. 9242. Expenses of managers. 9243. Same; Officers who may receive salaries. 9244. Classification and compensation of officers and em- ployés; traveling expenses. 9245. Officers of Home; medical officers. 9246. Same; officers under board of managers; qualifications. 9247. Bonds of general treasurer and treasurers of Branch Homes. 9248. Security for deposits. 9249. General treasurer; performance of duties by assistant fºrer and assistant inspector-general; bond; lia- bility. Officer to act in absence of treasurer or quarter-master at Branch Homes; bond. Sites for Homes; purchase and erection of buildings. Same; condemnation of land. Appropriations for buildings; available until expended. Same; Branch Homes immediately available. Appropriations for repairs of branch homes not used for new building. Funds for support of Home. 92.50. 9251. 9252. 9253. 92.54. 9255. 9256. 9257. Same; employment of clerks; appropriations; esti- mates; requisitions; accounts. 9253. Purchase of Supplies after advertisement; expenditures for new buildings. 9259. Receipts from sales. 9260. Persons entitled to benefits of Home. 9261–9264. [Superseded.] 9264a. Same; persons entitled to benefits of Home. Sec. 9265. Payment of pensions of inmates of Home. 9266. Same. 9267. Same; payment of balance due deceased inmate to widow, or into post fund of Home. 9268. Disposition of personal property of deceased members. 9269. Outdoor relief; transfers from Branch Homes. 92.70. Duties of board of managers. 9271. Annual report of expenses. 9272. Statement of expenditures; audit; persons disqualified from employment in or management of Home. 92.73. Supervision of accounts. 9274. Statement of expenses in Book of Estimates. 9275. Supervision of accounts. 9276. Disbursements; accounts; 92.77. Supplies. 9278. Auditing accounts. 92.79. Inmates Subject to Articles of War. 9280. Annual inspection; report. 9281. Medical supplies. 92.82. AImendment of laws. 92.83. Headstones at Central Branch. 9284. Battle Mountain Sanitarium Reserve; rights to lands, not affected. °285. Same; name; control, rules and regulations. 9286. Same; perfecting bona fide claims to lands; of private lands. 9287. Same; unlawful intrusion or violation of rules and reg- ulations. 9288. Aid to State Homes; regulations by managers of Na- tional Home; inspection. 9289. Issue of obsolete cannon to State Homes. 9290. Issue of obsolete or condemned Ordnance to Homes. Jurisdiction over sites of Branch homes ceded to States. § 9238. Organization of Home—The President, Secretary of War, Chief Justice, and such other per- sons as have been or from time to time may be a S- sociated with them, shall constitute a board Of man- agers of an establishment for the care and relief of the disabled volunteers of the United States Army, to be known by the name and style of “The National Home for Disabled Volunteer Soldiers,” and have per- petual succession, with powers to take, hold, and convey real and personal property, establish a COm- mon seal, and to sue and be sued in Courts of law and equity; and to make by-laws, rules, and regulations, Inot inconsistent with law, for Carrying On the busi- ness and government of the home, and to affix penal- ties thereto. (R. S. § 4825.) § 923.8a. Headquarters of Home—The headquar- ters of the National Home for Disabled Volunteer Soldiers shall be established and hereafter main- tained at the Central Branch, National Military Home, Ohio, and shall occupy for offices, without expendi- ture for rent, any general or post fund building. (July 1, 1916, c. 209, § 1, 39 Stat. 297.) § 9239. Election of citizen managers-LNinel managers of the National Home for Disabled Volun- teers shall be elected from time to time, as Vacancies occur, by joint resolution of Congress. They shall all be citizens of the United States, and all residents of States which furnished organized bodies of Soldiers to aid in suppressing the rebellion commenced in eighteen hundred and sixty-one; and no two Of them shall be residents of the same State, and no perSon who gave aid or countenance to the rebellion Shall ever be eligible. The term of Office of these managers shall be for six years, and until a successor is elected. (R. S. § 4826.) Text in brackets superseded by § 9240. § 9240. Number of managers—Hereafter Va- cancies occurring in the membership of the Board of Managers of the National Home for Disabled Volun- teer Soldiers shall not be filled until the Whole num- ber of members of such board is reduced to five, alld thereafter the number of members constituting Said board shall not exceed five. (June 23, 1913, C. 3, § 1, 38 Stat. 43.) § 9241. Election of officers of board of man- agers—The [twelve] managers of the National HOlme for Disabled Volunteer Soldiers shall elect from their own number a president, who shall be the Chief executive Officer of the board, tWO Vice-preslº dents, and a secretary. Seven of the board, of Whom the president or one of the vice-presidents shall be Supplies; posthumous fund. establishment; exchange & 9241 (Tit. 59 HOSDITALS, ASYLUMS, AND CEMETERIES one, shall form a quorum for the transaction of busi- ness at any meeting of the board. (R. S. § 4827.) See § 9240. § 9242. Expenses of managers—No member of the board of managers. Of the National Home Shall receive any compensation as such member. traveling and other actual expenses of a member in- Curred while upon the business of the home may be paid, and any member of the board having other duties connected with the home may receive a rea- sonable Compensation therefor, to be determined by the board. (R. S. § 4828.) - § 9243. Same; officers who may receive sala- ries—Hereafter no member of the Board of Managers Of the National Home for Disabled Volunteer Sol- diers shall receive any compensation or pay for any services or duties connected with the Home ; but the traveling and other actual expenses of a member, in- curred while upon the business of the Eſome, may be reimbursable to Such member: Imay receive a reasonable compensation for their services as such officers, not exceeding four thousand dollars and two thousand dollars, respectively, per annum. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 4.12.) § 9244. Classification and compensation of of. ficers and employés; traveling expenses—The Board of Managers shall classify all the officers and employees of the National Home for Disabled Vol- unteer Soldiers and establish a rate Of pay and al- lowance for each class, and the rate so established shall not be increased by fees, perquisites, allow- ances, or advantages under any pretense whatever; and no employee shall be borne On more than One pay roll or voucher. - That When an Officer Of the National Home for DiS- abled Volunteer Soldiers, not a member of the Board of Managers thereof, travels under Orders on business for the Home he shall be allowed Seven CentS in liell of all other expenses for each mile actually traveled, distance to be computed by the most direct through route. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 412.) § 9245. Officers of Home; medical officers— The officers of the National Home shall consist of a governor, a deputy governor, a secretary, a treaS- urer, and such other Officers as the managers may deem necessary. They shall be appointed from hon- Orably discharged soldiers who served as mentioned in the following section ; and they may be appointed and removed, from time to time, as the interests of the institution may require, by the Board Of Man- agers. Provided, That surgeons, assistant Surgeons, and other medical Officers Of the National Home for Disabled Volunteer Soldiers, and the several branch- es thereof, may be appointed from others than those who have been disabled in the military Service Of the United States. (R. S. § 4829, amended, April 11, 1892, c. 40, 27 Stat. 15, and Feb. 9, 1897, c. 205, 29 Stat. 517.) - . § 9246. Same; officers under board of man- agers; qualifications—Hereafter the Officers Of the National Home for Disabled Volunteer Soldiers, and officers under the Board of Managers thereof, shall be appointed, so far as may be practicable, from persons whose military or naval service would render them eligible, if disabled and not otherwise provided for, for admission to the EIome, and they may be ap- pointed, removed, and transferred, from time to time, as the interests of the institution may require, by the Board of Managers. (June 28, 1902, c. 1301, § 1, 32 Stat. 472.) - § 9247. Bonds of general treasurer and treas- urers of Branch Homes—The general treasurer shall give good and sufficient bond to the United States in a sum not less than One hundred thousand dollars, as the Secretary of War may direct, and to be ap- proved by him, faithfully to account for all public moneys and property which he may receive, and the treasurers of the several Branch Homes shall give [Page 1500I But the Provided, That the president and secretary of the Board of Managers and property which they may receive. good and Sufficient bonds to the general treasurer in Such sums as he may require, and to be approved by him, faithfully to account for all public moneys and property which they may receive. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 412.) § 9248. Security for deposits—From and after the passage of this act it shall be the duty of the Secretary of the Treasury to require from the presi- dent and cashier of all banks used as depositories by the treasurer of the Home a deposit of bonds suffi- Cient in amount to fully secure all moneys pertaining to said Home left on deposit with any such bank. (July 9, 1886, c. 756, § 2, 24 Stat. 129.) § 9249. General treasurer; performance of duties by assistant treasurer and assistant in- spector-general; bornd; liability—For salaries for Officers and employees of the Board of Managers, and for Outdoor relief and incidental expenses, namely: For president of the Board of Managers, four thou- Sand dollars; secretary of the Board of Managers, two thousand dollars; general treasurer, who shall not be a member of the Board of Managers, three thousand five hundred dollars; inspector-general, two thousand, five hundred dollars; assistant general treasurer and assistant inspector-general, who shall hereafter, in the necessary absence or inability of the general treasurer, from any cause whatever, perform. his duties and give bond to the general treasurer for the faithful performance of such duties, but the gen- eral treasurer Shall in every respect be responsible, On his bond, to the United States for any default on the part of such assistant general treasurer and as- Sistant inspector-general, two thousand dollars. (June 6, 1900, c. 791, § 1, 31 Stat. 636.) - Current appropriation for officers, etc., of Home. See Act June 12, 1917, c. 27, § 1, 40 Stat. 140. - § 9250. Officer to act in absence of treasurer or quartermaster at Branch Homes; bond—Here- after the Board of Managers of the National Home for Disabled Volunteer Soldiers may, in their discretion, designate and authorize an officer at each or any of the Several Branches of the National Home for Dis- abled Volunteer Soldiers to perform such duties in Connection with the offices of the treasurer and quar- termaster at any such Branch as they may direct, and in the necessary absence or inability of either of said Officers from any cause whatever to have power to act in their places and perform all of the duties con- nected with the said respective offices. All officers SO designated and authorized to act as provided here- under shall give bond to the general treasurer of the National Home for Disabled Volunteer Soldiers in Such amount as he may require, and to be approved by him, faithfully to account for , all public moneys (March 3, 1901, c. 853, § 1, 31 Stat. 1178.) - § 9251. Sites for Homes; purchase and erec- tion of buildings—The board of managers shall have authority to procure from time to time, at suitable places, sites for military homes for all persons Serv- ing in the Army of the United States at any time in the War Of the rebellion, not otherwise provided for, who have been or may be disqualified for procuring their own support by reason of wounds received or sickness Contracted while in the line of their duty during the rebellion ; and to have the necessary build- ings erected, having due regard to the health of loca- tion, facility of access, and capacity to accommodate the persons entitled to the benefits thereof. (R. S. § 4830.) - § 9252. Same; condemnation of land—The pro- Visions of the Act entitled “An Act to authorize COn- demnation of land for sites of public buildings, and for other purposes,” approved August first, eighteen hundred and eighty-eight, shall be Construed to apply to the Board of Managers of the National Home for Disabled Volunteer Soldiers. (July 19, 1897, c. 9, 30 Stat. 105.) Ch. 3) 33 9261–9264 * HOSPITALS, ASYLUMS, AND CEMETERIES [Page 15011 § 9253. Appropriations for buildings; avail- able until expended—Appropriations made for the fiscal year nineteen hundred, or that may hereafter be made, for the Construction of buildings at any of the branches of the National Home for Disabled Volun- teer Soldiers shall Continue available until eXpend- ed. (June 6, 1900, c. 785, § 1, 31 Stat. 294.) § 9254. Same; Branch Homes immediately available—Appropriations herein, or that may here- after be made, for construction of buildings and ap- purtenances at any of the Branches of the National Home for Disabled Volunteer Soldiers, shall be avail- able immediately after the approval Of the Act Con- taining the same. (March 3, 1903, c. 1007, § 1, 32 Stat. 1137.) § 9255. Appropriations for repairs of branch homes not used for new building—No part of the appropriation for repairs for any of the branch homes shall be used for the construction of any new building. (March 3, 1915, c. 75, § 1, 38 Stat. 850.) § 9256. Funds for support of Home—For the establishment and support of the National Home for Disabled Volunteer Soldiers there shall be appropriat- ed all stoppages or fines adjudged against such officers and Soldiers by sentence of Court-martial or military Commission, Over and above the armounts necessary for the re-imbursement of the Government Or Of in- dividuals; all forfeitures on account of desertion from Such service; and all moneys due Such deceas- ed officers and soldiers, which now are or may be un- claimed for three years after the death of Such Of- ficers and soldiers, to be repaid upon the demand Of the heirs or legal representatives of such deceased Of- ficers Or Soldiers. The board of managers are also authorized to receive all donations of money Or prop- erty made by any person or persons for the benefit of the home, and to hold or dispose of the Same for its Sole and exclusive use. (R. S. § 4831.) § 92.57. Same; employment of clerks; appro- priations; estimates; requisitions; accounts-SO much of the act entitled “An act to incorporate a Na- tional Military and Naval Asylum for the relief of totally disabled officers and men of the Volunteer forces of the United States,” approved March third, eighteen hundred and sixty-five, and of all acts amen- datory thereof, as provides “that for the establish- ment and Support of said asylum there shall be ap- propriated all stoppages or fines adjudged against Of- ficers and Soldiers by Sentence of COurt-martial Or Imilitary commission, over and above the almounts necessary for the re-imbursement of the Government or of individuals; all forfeitures on account of deser- tion from the service; and all moneys due deceased Officers and soldiers which now are Or may be un- claimed for three years after the death of Such Of- ficers and Soldiers,” be, and the same is hereby, re- pealed, to take effect on and after the first day of April, eighteen hundred and seventy-five. And from and after April first, eighteen hundred and Seventy- five, no clerk shall be employed or paid in any Depart- ment of the Government for services rendered under any provision of said act of March third, eighteen hundred and sixty-five, or the acts amendatory there- of. And from and after the first day Of April, eight- een hundred and seventy-five, no money shall be ap- propriated or drawn for the support and maintenance of what is now designated by law as the “National Home for Disabled Volunteer Soldiers,” except by direct and specific annual appropriations by law. * * And no moneys shall, after the first day of April, eighteen hundred and seventy-five, be drawn from the Treasury ſor the use of said home, except in pursuance of quarterly estimates, and upon quar- terly requisitions by the managers thereof upon the Secretary Of War, based upon such quarterly esti- mates, for the support of said home for not more than three months next succeeding such requisition. And no money shall be drawn or paid upon any such | requisition While any balance heretofore drawn or received by Said home, or for its use, from the Treas- ury, under the laws now or heretofore existing, and now held under investment or otherwise, shall re- main unexpended. And the managers of said home Shall, at the Commencement of each quarter of the year, render to the Secretary of War an account of all their receipts and expenditures for the quarter imme- diately preceding, with the vouchers for such expendi- tures; and all Such accounts and Vouchers shall be authenticated by the Officers Of Said home thereunto duly appointed by Said managers, and audited, and allowed, as required by law for the general appro- priations and expenditures of the War Department. (March 3, 1875, c. 129, § 1, 18 Stat. 359.) § 9258. Purchase of supplies after advertise- ment; expenditures for new buildings—Support of National Home for Disabled Volunteer Soldiers: * * All purchases of Supplies exceeding the sum of One thousand dollars at any One time shall be made upon public tender after due advertisement, and that the expenditure for new buildings shall be expressly authorized in writing. (March 3, 1879, c. 182, § 1, 20 Stat. 390.) § 92.59. Receipts from sales—All sums receiv- ed from sales Of Subsistence stores or other property Of the National Home for Disabled Volunteer Soldiers shall be taken up by the disbursing Officer under the proper Current appropriation and be available for disbursement On account of that appropriation. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 412.) § 9260. Persons entitled to benefits of Home— The following persons only shall be entitled to the benefits of the National Home for Disabled VoIunteer Soldiers, and may be admitted thereto, upon the recom- mendation of three of the board of managers, name- ly: All Officers and Soldiers who served in the late War for the Suppression of the rebellion, and the VOI- unteer soldiers and sailors of the war of eighteen hundred and twelve and of the Mexican war, and not provided for by existing laws, who have been or may be disabled by wounds received or sickness contracted in the line Of their duty ; and such of these as have neither wife, Child, nor parent dependent upon them, On becoming inmates of this home, or receiving relief therefrom, shall assign thereto their pensions when required by the board of managers, during the time they shall remain therein or receive its benefits. (R. S. § 4832.) See § 9264a. §§ 92.61–9264. [Superseded.] Section, 926.1, which was a provision of Act May 26, 1900, c. 586, 31 Stat. 217, read as follows: “Hereafter the foll: lowing persons only shall be entitled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the Board of Managers, namely: All honorably discharged of- ficers, Soldiers, and sailors who served in the regular or Volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, Wounds, or otherwise, and who have no adequate means of . Support, and by reason of such disability are incap- able of earning their living.” Section 9262, which was Act Jan. 28, 1901, c. 184, § 5, 31 Stat. 745, read as follows: “All honorably discharged soldiers and sailors who serv- ed in the war of the rebellion and the Spanish-American War, and the provisional army and the volunteer soldiers and sailors of the War of eighteen hundred and twelve and of the Mexican War, Who are disabled by age, disease, or otherwise, and by reason of such disability are incap- able of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers.” Section 9263, which was a provision of Act May 27, 1908, c. 200, § 1, 35 Stat. 372, read as follows: “In addition to those classes of dis- charged soldiers and sailors now admissible to the Na- tional Home for Disabled Volunteer Soldiers, all honorably discharged soldiers Who served in the regular or volunteer forces of the United States in any of the campaigns against hostile Indians who are now disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, Shall hereafter be admitted thereto.” Section 9264, which was a provision of Act March 4, 1909, c. 299, § 1, 35 Stat. 1012, read as follows: “In addition to those classes of discharged soldiers and sailors now ad- missible to the National Home for Disabled Volunteer Sol- diers, all honorably discharged soldiers and Sailors Who ? 9264a (Tit. 59 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 1502I have served in the Philippines, in China, or in Alaska, Who are now or who hereafter may become disabled by disease or otherwise, and by reason of such disability are incap- able of earning a living, shall hereafter be admitted there- to.” These sections were superseded by § 9264a. § 92.64a. Same—The following persons Only shall hereafter be entitled to the benefits of the National Home for Disabled Volunteer Soldiers, and may be admitted thereto upon the order of a member of the board of managers, namely : All honorably discharg- ed officers, soldiers, and sailors, who served in the reg- ular, volunteer, or other forces of the United States in any war in which the country has been Or is engag- ed, including the Spanish American War, the Pro- visional Army (authorized by Act of Congress approv- ed March second, eighteen hundred and ninety-line), in any of the campaigns against hostile Indians, Or who have served in the Philippines, in China, Or in Alaska, or in the Organized Militia or National Guard when called into the Federal service to enforce the laws, suppress insurrection, or repel invasion, Who are disabled by disease, wounds, or otherwise and have no adequate means of support, and Who are not otherwise provided for by law, and by reason Of Such disability are incapable of earning their living. (March 3, 1915, c. 75, § 1, 38 Stat. 853, amended, Oct. 6, 1917, c. 79, § 1, 40 Stat. 368.) § 9265. Payment of pensions of inmates of Home—All pensions payable, or to be paid under this act, to pensioners who are inmates of the National FIome for Disabled Volunteer Soldiers shall be paid to the treasurer or treasurers of said home, upon Se- Curity given to the satisfaction. Of the managers to be disbursed for the benefit of the pensioners without de- duction for fines or penalties under regulations to be established by the managers Of the home ; Said pay- lment to be made by the pension agent upon a Certif- iCate of the proper Officer of the home that the pen- SiOner is an inmate thereof and is still living. Any balance of the pension which may remain at the date Of the pensioner's discharge shall be paid Over to him; and in Case of his death at the home, the same shall be paid to the Widow, or children or in default of ei- ther to his legal representatives. (Feb. 26, 1881, c. 80, § 2, 21 Stat. 350.) § 9266. Same—All pensions and arrears of pen- sions payable or to be paid to pensioners who are or Inay become inmates Of the National HOme for DiS- abled Volunteer Soldiers shall be paid to the treasur- ers of Said home, to be applied by such treasurers as provided by law, under the rules and regulations of said home. Said payments shall be made by the pen- Sion agent upon a certificate of the proper officer of the Ihome that the pensioner is an inmate thereof on the day to which said pension is drawn. The treasurers Of Said home, respectively, shall give Security, to the satisfaction of the managers of said home, for the pay- ment and application by them Of all arrears Of pension and pension-moneys they may receive under the afore- Said provision. And Section tWO Of the act entitled “An act making appropriations for the payment of in- valid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and for deficiencies, and for other pur- poses,” approved February twenty-sixth, eighteen hun- dred and eighty-One, is hereby revived and continued in force. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 322.) § 9267. Same; payment of balance due deceas- ed inmate to widow, or into post fund of Home- Hereafter any balance of pension money due a member Of the National HOne for Disabled Volunteer Soldiers at the time of his death shall be paid to his widow, minor children Or dependent mother Or father in the Order Inamed, and should no widow, minor child, Or dependent parent be discovered within one year from the time of the death. Of the pensioner, said balance shall be paid to the post fund of the Branch of said INational Home Of which the pensioner was a mem- ber at the time of his death, to be used for the Com- mon benefit Of the members Of the Home under the direction of the Board of Managers, subject to future reclamation by the relatives hereinbefore designated, upon application filed with the Board Of Managers Within five years after the pensioner's death. (July 1, 1902, c. 135i, 32 Stat. 564.) § 9268. Disposition of personal property of deceased members—Hereafter the application of any person for membership in the National Home for dis- abled Volunteer Soldiers and the admission of the ap- plicant thereunder shall be and constitute a valid and binding Contract between such applicant and the Board of Managers Of Said home that On the death. Of said applicant while a member of such home, leaving no heirs at law nor next of kin, all personal property own- ed by Said applicant at the time of his death, including money or choses in action held by him and not disposed Of by Will, whether Such property be the proceeds of pensions or otherwise derived, shall vest in and be- come the property Of said Board of Managers for the sole use and benefit of the post fund of Said home, the proceeds to be disposed Of and distributed among the several branches as may be ordered by said Poard of Managers, and that all personal property of Said applicant shall, upon his death, While a member, at Once pass to and west in Said Board Of Managers, subject to be reclaimed by any legatee or person en- titled to take the same by inheritance at any time within five years after the death of Such member. The Board of Managers is directed to SO change the form of application for membership as to give reasonable notice of this provision to each applicant, and as to contain the Consent of the applicant to accept mem- bership upon the conditions herein provided. (June 25, 1910, c. 384, § 1, 36 Stat. 736.) § 9269. Outdoor relief; transfers from Branch Homes—The Managers of the National Home for Disabled Volunteer Soldiers are authorized to aid per- SOns who are entitled to its benefits by Outdoor re- lief, in such manner and to such extent as they may deem proper, but Such relief Shall not exceed the av- erage cost of maintaining an inmate of the Home: Provided. That in the event that buildings at any Branch of the Home shall be destroyed by fire or ren- dered unfit for habitation because of pestilence or by the elements, then and in that event the Board Of Man- agers shall have authority to remove the members Of Said Branch SO afflicted Or destroyed to any other Branch not so affected, and to do this they may use any funds appropriated for the Home, notwithstand- ing they may have been specifically appropriated for other purposes, to the extent that such funds shall be necessary to effect such a transfer and the mainte- nance and support thereafter of said members SO transferred, and shall report their doings therein to the Congress and their expenditures as in other cases of expenditures: Provided further, That the appro- priations for any fiscal year shall not be exceeded. (R. S. § 4833, amended, Aug. 23, 1894, c. 316, 28 Stat. 492.) See § 6764. § 92.70. Duties of board of managers—The board of managers shall make an annual report Of the condition of the National Home for Disabled Volunteer Soldiers to Congress on the first Monday of every January; and the board shall examine and audit the accounts of the treasurer and Visit the home quarterly. (R. S. § 4834.) § 9271. Annual report of expenses—Hereafter there shall annually be submitted to the Secretary of War a detailed Statement of the expenses of the Board of Managers of the National Home for Dis- abled Volunteer Soldiers, who shall submit the same to Congress at the beginning of each Session thereof. (March 3, 1885, c. 360, 23 Stat. 510.) § 9272. Statement of expenditures; audit; persons disqualified from employment in or man- agement of Home—Hereafter the detailed Statement of the expenses of the Board of Managers of the National Home for Disabled Volunteer Soldiers shall be reported direct to Congress in the annual report Ch. 3) 3 9284 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 15031 of the Board of Managers. But all of the expendi- tures of the said Home, including the expenses of the Board of Managers, shall be made subject to the general laws governing the disbursement of public moneys, so far as the same can be made applicable thereto, and shall be audited by the proper account- ing officers of the Treasury, under such rules and regulations as may be prescribed by the Secretary of the Treasury: Provided further, That no person shall be eligible to or hold any position or employ- ment in the government or management Of any home who is interested in or' connected with, directly or indirectly, any brewery, dram-shop, or distillery in the State where such home is located. (March 3, 1887, c. 362, 24 Stat. 539.) § 92.73. Supervision of accounts—National Home for Disabled Volunteer Soldiers: * * The accounts relating to the expenditure of Said sums, aS also all receipts by said Home from whatever source, shall, in addition to the supervision now provided for, be reported to and Supervised by the Secretary of War. (March 3, 1891, c. 542, 26 Stat. 984.) § 9274. Statement of expenses in Book of Es- timates—Hereafter the statement of expenses of the Board of Managers of the National Home for DiS- abled Volunteer Soldiers shall each year be submit- ted in the annual book of estimates and Shall be made to show the amount of, salary Or Compensation paid to each of the Officers and employees of Said Board, and there shall also be submitted thereWith a statement showing the number of Officers appointed at each Of the Branch Homes under Section four thousand eight hundred and twenty-nine of the Re- vised Statutes, the amount of salary or Compensation paid to each, and the amount of allowance to each, if any, for contingent or other expenses. (Aug. 5, 1892, c. 380, § 1, 27 Stat. 384.) See § 6807. § 9275. Supervision of accounts—War Depart- ment. Office of the Inspector-General: * * The Secretary of War shall hereafter exercise the same Supervision over all receipts and disbursements On account Of the Volunteer Soldiers’ homes as he is required by law to apply to the accounts of disburs- ing officers of the Army. (March 3, 1893, c. 210, 27 Stat. 653.) § 92.76. Disbursements; accounts; supplies; posthumous fund—National HOme for Disabled Vol- unteer Soldiers. * * That all amounts disbursed from the appropriation of a Branch Home shall be disbursed and accounted for monthly to the general treasurer by the treasurer of that Branch, except such expenditures for services, stationery, tableware, clothing and bedding as may be required by the Board of Managers to be legally made by the general treas- urer, and all such stationery, tableware, clothing and bedding as may be required for each Branch Home shall be shipped directly from the place of purchase or manufacture to Such Branch Home; and all disburse- ments shall be made in conformity with sections thir- ty-six hundred and seventy-eight and thirty-six hun- dred and seventy-nine, Revised Statutes: Provided further, That the balance of the posthumous fund, including the amount invested in bonds pertaining to that fund, that may be in the hands of the treas- urer of any Branch of the Home on July first, eight- een hundred and ninety-four, shall be transferred to the appropriation for “current expenses, eighteen hun- dred and ninety-five,” of that Branch Home, and thereafter all receipts On account Of the effects of de- ceased members shall be credited to the appropria- tion for “current expenses” of the fiscal year during which Such amounts were received, and all repay- ments Of Such amounts shall be made from and charged to the like appropriation for the fiscal year in which such repayments shall be made. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 411.) See §§ 6764, 6777. § 92.77. Supplies—Hereafter all supplies for the National Home for Disabled Volunteer Soldiers shall be purchased, shipped, and distributed as may be di- rected by the board of managers. (July 1, 1898, c. 546, § 1, 30 Stat. 640.) § 9278. Auditing accounts—The accounts relat- ing to the expenditure of all public moneys appropriat- ed for the Support and maintenance of the National Home for Disabled Volunteer Soldiers shall be audit- ed by the Board of Managers of said Home in the Same manner as is provided for the accounts of the Various Departments of the United States Govern- ment, and thereupon immediately transmitted directly to the proper accounting officers of the Treasury De- partment for final audit and settlement. (March 3, 1901, c. 853, § 1, 31 Stat. 1178.) § 92.79. Inmates subject to Articles of War— All inmates of the National Home for Disabled Vol- unteer Soldiers shall be subject to the Rules and Articles of War, and in the same manner as if they were in the Army. (R. S. § 4835.) § 92.80. Annual inspection; report–Hereafter, Once in each fiscal year, the Secretary of War shall CauSe a thorough inspection to be made of the Na- tional Home for Disabled Volunteer Soldiers, its records, disbursements, management, discipline, and Condition, Such inspection to be made by an officer of the Inspector-General's Department, who shall re- port thereon in Writing, and said report shall be trans- mitted to COngress at the first session thereafter. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 412.) § 9281. Medical supplies—Hereafter upon prop- er application therefor, the Medical Department of the Army is authorized to sell medical and hospital Supplies at its contract prices to the National Home for Disabled Volunteer Soldiers. (June 11, 1896, c. 420, 29 Stat. 445.) § 92.82. Amendment of laws—Congress may at any time, alter, amend, or repeal the laws relating to the National Home for Disabled Volunteer Soi- diers. (R. S. § 4836.) (R. S. § 4837. Superseded.) This section provided for the distribution of certain pub- lic documents to certain Homes. It was repealed and re- enacted by Act Feb. 8, 1881, c. 35, 21 Stat. 322, and as amended it was repealed and re-enacted by Act July 26, 1894, c. 168, 28 Stat. 159. It was superseded by the pro- visions for distribution of such public documents of the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73 (§§ 7053–7095). § 92.83. Headstones at Central Branch—For maintaining and improving national cemeteries. * * And the Board Of Managers Of the National Home for Disabled Volunteer Soldiers may charge the regula- tion Stone to be used in the Central Branch at a COSt not exceeding One dollar and fifty Cents additional for each one. (June 23, 1879, c. 35, § 1, 21 Stat. 33.) § 9284. Battle Mountain Sanitarium Reserve; establishment; rights to lands, not affected—There are hereby reserved from settlement, entry, sale, or Other disposal all those certain tracts, pieces, or parcels of land lying and being situate in the State of South Dakota and within the boundaries particularly describ- ed as follows: Beginning at the Southwest Corner Of Section eighteen, township Seven SOuth, range Six east, Black Hills meridian; then Ce east to the SOutheast corner of Said section eighteen; thence South to the Southwest corner of the northWest quarter of Sec- tion twenty; thence east to the southeast corner of the northeast quarter of section twenty-one ; thence north to the northeast Corner of the southeast quar- ter of Section nine; thence West to the Center Of Sec- tion Seven; thence SOUth to the SOUth West COrner of the Southeast quarter Of Section Seven; thence West to the northwest Corner of Section eighteen; thence South to the place Of beginning, all in township seven South, range six east, Black Hills meridian, in Fall River County, South Dakota: Provided, That nothing herein contained shall be construed to affect any valid rights acquired in connection with any of the lands 3 9285 (Tit. 59 HospitaLs, ASYLUMS, AND CEMETERIES [Page 1504] embraced within the limits of said reserve. 22, 1906, c. 1127, § 1, 34 Stat. 83.) § 9285. Same; name; control, rules and reg- ulations—Said reserve shall be known as the Battle Mountain Sanitarium Reserve, and shall be under the exclusive COntrol Of the Board of Managers Of the National Home for Disabled Volunteer Soldiers in Connection with the Battle Mountain Sanitarium at Hot Springs, South Dakota, whose duty it shall be to preScribe Such rules and regulations and establish Such Service as they may deem necessary for the Care and management of the same. (March 22, 1906, c. 1127, § 2, 34 Stat. 83.) § 9286. Same; perfecting bona fide claims to lands; exchange of private lands—In all cases of unperfected bona fide claims lying within the said boundaries of said reserve, which claims have been properly initiated prior to September second, nineteen hundred and two, said claims may be perfected upon COmpliance with the requirements of the laws respect- ing Settlement, residence, improvements, and so forth, in the Same manner in all respects as claims are per- fected to other Government lands: Provided, That to the extent that the lands within said reserve are held in private Ownership the Secretary of the Inte- rior is hereby authorized in his discretion to exchange therefor public lands of like area and value, which are surveyed, vacant, unappropriated, not mineral, not timbered, and not required for reservoir sites or other public uses or purposes. The private owners must, at their expense and by appropriate instruments of Conveyance, Surrender to the Government a full and unencumbered right and title to the private lands in- cluded in any exchange before patents are issued for or any rights attached to the public lands included therein, and no charge of any kind shall be made for issuing such patents. Upon completion of any ex- change the lands surrendered to the Government shall become a part of said reserve in a like manner as if they had been public lands at the time of the estab- lishment Of Said reserve. Nothing herein contained shall be construed to authorize the issuance of any land scrip, and the State of South Dakota is granted the privilege of selecting from the public lands in said State an equal quantity of land in lieu of such portions of section sixteen included within Said re- serve as have not been sold or disposed of by said State and are not covered by an unperfected bona fide claim as above mentioned. (March 22, 1906, c. 1127, § 3, 34 Stat. 83.) º § 9287. Same; unlawful intrusion, or viola- tion of rules and regulations—All persons who shall unlawfully intrude upon said reserve, Or Who shall without permission appropriate any object therein Or Commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall, upon ConVic- tion, be fined in a sum not more than one thousand dollars, or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprison- ment, in the discretion of the court. (March 22, 1906, c. 1127, § 4, 34 Stat. 83.) § 92.88. Aid. to State Homes; regulations by managers of National Home; inspection-All States or Territories which have established, or which shall hereafter establish, State homes for disabled (March Soldiers and sailors of the United States who served in the war of the rebellion, or in any previous war, Who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, provided such disability was not incurred in Service against the United States, shall be paid for every such disabled soldier or sailor who may be ad- mitted and Cared for in such home at the rate of one hundred dollars per annum. The number of such persons for whose care any State or Territory shall receive the said payment under this act shall be as- Certained by the Board of Managers of the National Home for Disabled Volunteer Soldiers, under such regulations as it may prescribe, but the said State Or Territorial homes shall be exclusively under the con- trol of the respective State or Territorial authorities, and the Board of Managers shall not have nor assume any management or control of said State or Terri- torial homes. The Board of Managers of the National EIome shall, however, have power to have the said State Or Territorial homes inspected at such times as it may consider necessary, and shall report the result Of Such inspections to Congress in its annual report. (Aug. 27, 1888, c. 914, § 1, 25 Stat. 450.) § 9289. Issue of obsolete cannon to State Homes—The Secretary of War be, and hereby is, au- thorized and directed, Subject to such regulations as he may prescribe, to deliver to any of the “National HOmes for Disabled Volunteer Soldiers” already es- tablished or hereafter established and to any of the State Eſomes for Soldiers and Sailors or either now Or hereafter duly established and maintained under State authority, such obsolete serviceable Cannon, bronze or iron, suitable for firing salutes, as may be On hand undisposed of, not exceeding two to any one Home. (Feb. 8, 1889, c. 116, 25 Stat. 657.) § 9290. Issue of obsolete or condemned ord- nance to Homes—Hereafter the Chief of Ordnance is authorized to issue Such Obsolete Or Condemned Ord- nance, gun carriages, and ordnance stores as may be needed for ornamental purposes to the Eſomes for Dis- abled Volunteer Soldiers, the Homes to pay for trans- portation out of any appropriation for current expens- es. (May 26, 1900, c. 586, 31 Stat. 216.) § 9291. Jurisdiction over sites of Branch IHomes ceded to States—The jurisdiction over the places purchased and used for the location of the Branches Of the National Home for Disabled Volun- teer Soldiers, under and by the authority of an Act of Congress approved March twenty-first, eighteen hundred and sixty-six, in Milwaukee County, State of Wisconsin, and upon which said Branch Home is lo- cated, and by authority of an Act of Congress approV- ed July fifth, eighteen hundred and eighty-eight, in the county of Leavenworth, State of Kansas, and upon which said Branch Home is located, is hereby ceded to the respective States in which said Branches are located and relinquished by the United States, and the United States shall claim or exercise no jurisdic- tion over said places after the passage of this Act: Provided, That nothing contained herein shall be Con- Strued to impair the powers or rights heretofore con- ferred upon or exercised by the Board of Managers of the National Home for Disabled Volunteer Sol- diers in and on said places. (March 3, 1901, c. 853, § 1, 31 Stat. 1175.) Act March 21, 1866, c. 21, was incorporated into R. S. §§ 4825-4836, included in this chapter. - - - Ch. 4) z 9293 HOSPITALS, ASYLUMS, AND CEMETERIES IPage 1505] Chapter Four—The Government Hos- pital for the Insane Sec. 92.92. Establishment. 9292a. Hospital to be known as St. Elizabeth’s Hospital. 9293. Superintendent; disbursing agent; pension money of inmates. 9294. Salary of superintendent. 9295. Supervision of funds of patients; special bond of Su- perintendent. 9296. Determining per capita cost of patients. 9297. Report of Superintendent. 9298. Board of visitors. 9299. Same; president. 9300. Same; powers and duties. 9301. Admission to; insane persons of Army, Navy, Marine Corps and Revenue Cutter Service. 930.1a. Same; insane prisoners of war and interned persons. 930.1aa. Same; insane prisoners of war and interned perSons. 9302. Same; insane patients of Public Health Service. 9303. Same; insane inmates of Soldiers’ Home. 9304. Same; insane inmates of National Home for Disabled Volunteers. 9304a. Transfer of American citizens adjudged insane in Canal Zone. 93.05. Care of Army insane and of inmates of National Home for Disabled Volunteer Soldiers on Pacific Coast. 9306. Care of insane natives of Philippine Islands serving in Army, at asylum in Islands. 9307. Admission of indigent insane of District of Columbia. 9308. Same; order of executive authority of District. 93082. Transfer to public hospitals of patients entitled to treatment in St. Elizabeth’s Hospital. 9308b. Transfer of insane from military hospitals to nearest - public hospitals. 9308C. Transfer of part of appropriations for Hospital to pub- lic hospitals for support of patients received therein. 9308d. Revocable permit to Hospital to use certain lands. 93.09. Order of admission. 93.10. Certificate of judge or justice. 93.11. Application by visitor. 93.12. Conveyance to Hospital. 93.13. Proceedings by Commissioners of District of Columbia for commitment of indigent insane to be in equity Court. 93.14. Admission of insane persons having property. 93.15. Admission of non-residents of D1strict. 93.16. Same; return ; costs. 93.17. Proceedings in lunacy on petition of Commissioners of District. º 93.18. Discharge as cured. 93.19. Admission of insane persons accused of crime. 93.20. Insane convicts. 9321. Same; transfer to Hospital. 9322. Same; accommodation in State asylums; compensation. 93.23. Same; return to prison. On restoration to sanity. 9324. Private patients. 9325. Admission of pay patients. 9326. Discharge of patients on bond. 9327. Insane persons not to be confined in jail. 9328. Disbursement of appropriations for insane. 9329. Expense of indigent insane admitted from District of Columbia. 9330. Same; payment of part from appropriations for District. 9331. Sale of surplus products and waste material. 933ia. Sale or exchange of typewriting machines and other equipment. 9331b. Exchange of laundry machines and other equipment. 9332. Disposition of moneys belonging to deceased inmates; claims thereto. 9333. Sale of intoxicating liquor near Hospital. 9334. Apprehension and detention of certain insane persons; in District of Columbia. 9335. Same. 9336, Temporary detention of alleged insane persons, 9337. Temporary commitment of persons to other hospital, or detention in police station; discharge of person cer- tified not insane. 9338. Certificate by physician as to sanity or insanity; qual- ifications of physician. 9339. Making affidavit for apprehension of person as insane without probable cause, or making false certificate. § 92.92. Establishment—There shall be in the District of Columbia a Government Hospital for the Insane, and its objects shall be the most humane care and enlightened curative treatment of the insalle Of the Army and Navy of the United States, and of the District of Columbia. (R. S. § 4838.) § 92.92a. Hospital to be known as St. Eliza- Theths Hospital—After the passage of this Act the Government Eſospital for the Insane Shall be known and designated as Saint Elizabeths Eſospital. (July 1, 1916, c. 209, § 1, 39 Stat. 309.) § 9293. Superintendent; disbursing agent; pension money of inmates—The chief executive of COMP.ST.’18—95 ficer of the Government Hospital for the Insane shall be a superintendent, who shall be appointed by the Secretary of the Interior, shall be entitled to a sala- ry of [four thousand dollars] a year, and shall give bond for the faithful performance of his duties in Such Sülm and With Such securities as may be requir- ed by the Secretary of the Interior. The Superin- tendent shall be a Well-educated physician, possess- ing competent experience in the care and treatment Of the insane; he shall reside on the premises and deVote his Whole time to the Welfare Of the institu- tion ; he shall, Subject to the approval of the board Of visitors, appoint a responsible disbursing agent for the institution, Who Shall give a bond satisfacto- ry to the Secretary Of the Interior, and the said Su- perintendent shall engage and discharge all needful and useful employees in the Care of the insane and all laborers on the farm and determine their wages and duties; he shall also be an ex officio secretary of the board of visitors. The said disbursing agent, Under the direction. Of the Superintendent, shall have the Custody of and pay Out all moneys appropriated by Congress for the Government Hospital for the In- Sane, or Otherwise received for the purposes of the hospital, and all moneys received by the superin- tendent in behalf of the hospital or its patients, and keep an accurate account Or accounts thereof. The Said disbursing agent shall deposit in the Treasury Of the United States, under the direction of the Superintendent, all funds now in the hands Of the Superintendent Or which may hereafter be intrusted to him by Or for the use of patients, which shall be kept in a separate a CCount ; and the said disbursing agent is authorized to draw therefrom, under the direction Of the said superintendent, from time to time, under Such regulations as the Secretary of the Interior may prescribe, for the use of such patients, but not to exceed for any One patient the amount intrusted to the Superintendent on account of such patient. During the time that any pensioner shall be an in- mate of the Government Hospital for the Insane, all money due or becoming due upon his or her pension Shall be paid by the pension agent to the superin- tendent Or disbursing agent Of the hospital, upon a Certificate by such superintendent that the pension- er is an inmate of the hospital and is living, and Such pension money shall be by Said Superintendent or disbursing agent disbursed and used, under regula- tions to be prescribed by the Secretary of the Interi- or, for the benefit of the pensioner, and, in case of a male pensioner, his wife, minor children, and de- pendent parents, Or, if a female pensioner, her minor Children, if any, in the Order named, and to pay his or her board and maintenance in the hospital, the remainder of such pension money, if any, to be placed to the Credit Of the pensioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital; Or, in the event Of the death of Said pensioner While an inmate of said hospital, shall, if a female pensioner, be paid to her minor children, and, in the case of a male pensioner, be paid to his wife, if living ; if no wife survives him, then to his minor Children ; and in case there is no wife nor minor children, then the said unexpended balance to his Or her Credit shall be applied to the general uses of Said hospital: Pro- vided, That in the case of any pensioner transfer- red to the hospital from the National Home for Dis- abled Volunteer Soldiers any pension money to his Credit at Said Home at the time Of his said trans- fer shall be transferred With him to Said hospital and placed to his credit therein, to be expended as hereinbefore provided, and in case of his return from said hospital to the Home any balance to his credit at said hospital shall in like manner be transferred to Said Home, to be expended in a CCOrdance with the rules established in regard thereto, and this proVi- * 9293 (Tit. 59 HOSPITALs, ASYLUMS, AND CEMETERIES j [Page 15061 sion shall also be applicable to all unexpended pen- SiOn money heretofore paid to the officers of said hospital on account of pensioners who were but are not now inmates thereof. (R. S. § 4839, amended, Feb. 2, 1909, c. 58, § 1, 35 Stat. 592.) . Text in brackets superseded by § 92.94. § 92.94. Salary of superintendent—The salary of the superintendent of the hospital is hereby fixed at five thousand dollars per annum. (March 4, 1911, c. 285, § 1, 36 Stat. 1422.) - § 92.95. Supervision of funds of patients; special bond of superintendent—The superintend- ent of the Government Hospital for the Insane shall deposit in the Treasury of the United States, in his name as agent, all funds now in his hands or which may hereafter be intrusted to him by or for the use Of patients, which shall be kept as a separate account; and he is hereby authorized to draw therefrom on his Order, from time to time, under such regulations as the Secretary of the Interior may prescribe, for the use Of Such patients, but not to exceed for any one patient the amount intrusted to the superintendent On account of such patient; and he shall give a sepa- rate bond, satisfactory to the said Secretary, for the faithful performance of his duties in respect to these funds as herein provided. (July 1, 1898, c. 546, § 1, 30 Stat. 623.) - - - . § 9296. Determining per capita cost of pa- tients—Hereafter in determining the per capita cost Of maintenance and treatment of patients in the Gov- ernment Hospital for the Insane the expenditures for repair of buildings, roadways, and walks shall be in- cluded. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 461.) . § 9297. Report of superintendent—Hereafter the Superintendent of the government hospital for the insane shall make a report to congress annually at the beginning of each regular session, which shall show in detail the receipts and expenditures for all purposes COnnected with the hospital for the fiscal year preceding such session. (June 4, 1880, c. 121, § 1, 21 Stat. 156.) . - § 92.98. Board of visitors—Nine Citizens of the District of Columbia, to be appointed by the Presi- dent, shall constitute a board of visitors of the Hos- pital for the Insane. The term of Office of three visi- tors shall expire biennially on the thirtieth day of June in every alternate year, dating from the thir- tieth day Of June, eighteen hundred and fifty-seven. Should any vacancy occur by death, resignation, or otherwise, it shall be filled by appointment for the unexpired term of Such visitor. The Office of visitor shall be honorary and without compensation. (R. S. § 4840.) - § 9299. Same; president—The board of visitors shall select from their number a president, to pre- side at their meetings for one year, or until a suc- cessor is elected. (R. S. § 4841.) § 9300. Same; powers and duties—The board Of visitors, subject to the approval of the Secretary of the Interior, may make any needful by-laws for the government of themselves, and of the superintendent and his employés, and of the patients, not inconsistent With law ; they shall visit the hospital at stated peri- Ods, and exercise so careful a supervision over its expenditures and general operations that the Goy- ernment and community may have confidence in the Correctness of its management; they shall make an- nually to the Secretary of the Interior a report for the preceding fiscal year setting forth the condition and wants of the institution. (R. S. § 4S42.) $ 9301. Admission to; insane persons of Army, Navy, Marine Corps, and Revenue Cutter Service–The Superintendent, upon the order of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same authority which ordered their ſºon, insane persons of the following descrip- LOITS: beth's Hospital. First. Insane persons belonging to the Army, Navy, Marine Corps, and revenue-cutter service. Second. Civilians employed in the Quartermas- ter's, Pay, and Subsistence Departments of the Army Who may be, or may hereafter become, insane while in Such employment. - Third. Men who, while in the service of the Unit- ed States, in the Army, Navy, or Marine Corps, have been admitted to the hospital, and have been there- after discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means Of Support. Fourth. Indigent insane persons who have been in either of the said services and been discharg- ed therefrom on account of disability arising from Such insanity. - . Fifth. Indigent insane persons who have become insane within three years after their discharge from Such Service, from Causes which arose during and were produced by said service. (R. S. § 4843, amend- ed, Feb. 9, 1900, c. 13, 31 Stat. 7.) § 9301a. Same; insane prisoners of war and intermed persons—Hereafter interned perSOnS and prisoners of war, under the jurisdiction of the Navy Department, who are or may become insane, shall be entitled to admission for treatment to the Government Hospital for the Insane. (Aug. 29, 1916, c. 417, 39 Stat. 558.) § 9301 a.a. Same; insane prisoners of war and interned persons—Interned persons and prisoners of war, under the jurisdiction of the War Depart- ment, who are or may become insane hereafter shall be entitled to admission for treatment to Saint Eliza- (Oct. 6, 1917, c. 79, § 1, 40 Stat. 373.) § 9302. Same; insane patients of Public Health Service—Insane patients of said service shall be admitted into the Government Hospital for the In- Šane upon the Order of the Secretary of the Treasury, and shall be cared for therein until Cured Or until removed by the same authority ; and the charge for each such patient shall not exceed four dollars and fifty cents a week, which charge shall be paid out of the marine-hospital fund. (March 3, 1875, c. 156, § 5, 18 Stat. 486.) § 93.03. Same; insane inmates of Soldiers’ Home—In addition to the persons now entitled to admission to the Government Hospital for the Insane, any inmate of the Soldiers’ Home who is now or may hereafter become insane shall, upon an Order Of the president of the Board Of Commissioners Of the Sol- diers’ Home, be admitted to said hospital and treated therein ; and the expenses of maintaining any such person shall be paid from the Soldiers’ Home fund. (July 7, 1884, c. 332, 23 Stat. 213.) § 9304. Same; insane inmates of National IHome for Disabled Volunteers—In addition to the persons now entitled to admission to said hospital, any inmate of the National Home for Disabled Wol- unteer Soldiers who is now Or may hereafter become insane shall, upon an order of the president of the Board of Managers of the said National Home, be admitted to said hospital and treated therein. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 330, amended, Feb. 20, 1905, c. 593, 33 Stat. 731.) - § 9304a. Transfer of American citizens ad- judged insane in Canal Zone—Upon the applica- tion of the governor of the Panama Canal the Secre- tary of the Interior is authorized to transfer to Saint Elizabeth's Hospital, in the District of Colum- bia, for treatment all American citizens legally ad- judged insane in the Canal Zone whose legal resi- dence in One Of the States and Territories Or the Dis- trict of Columbia it has been impossible to establish. Upon the ascertainment of the legal residence of per- sons so transferred to the hospital, the superintendent Of the hospital shall thereupon transfer such per- SOITS to their respective places of residence, and the Ch. 4) & 93.13 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 1507] expenses attendant thereon shall be paid from the appropriation for the support of the hospital. (June 12, 1917, c. 27, § 1, 40 Stat. 179.) § 9305. Care of Army insane and of inmates of National Home for Disabled Volunteer Sol- diers on Pacific Coast—The Secretary Of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. (March 3, 1901, c. 853, § 1, 31 Stat. 1163.) § 9306. Care of insane natives of Philippine Islands serving in Army, at asylum in Islands- Hereafter the Secretary Of War may, in his discre- tion, contract for the care, maintenance, and treat- ment of the insane natives of the Philippine Islands serving in the Army of the United States at any asy- lum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District Of Columbia. (May 11, 1908, c. 163, 35 Stat. 122.) § 93.07. Admission of indigent insane of Dis- trict of Columbia—All indigent insane persons re- siding in the District of Columbia at the time they became insane shall be entitled to the benefits of the Hospital for the Insane and shall be admitted. On the authority of [the Secretary of the Interior] which he may grant after due process of law showing the per- son to be insane and unable to support himself and family, or himself, if he has no family, under the visitation of insanity. (R. S. § 4844.) Text in brackets superseded by § 9308. § 93.08. Same; order of executive authority of District—Government Hospital for the Insane.— For the support, clothing and medical and moral treatment * * of the indigent insane of the T)is- trict of Columbia in the GOvernment Hospital for the Insane, * * Provided, That hereafter such in- digent persons shall be admitted only upon Order of the executive authority of the said District. (March 3, 1877, c. 105, § 1, 19 Stat. 347.) § 93.08a. Transfer to public hospitals of pa- tients entitled to treatment in St. Elizabeth's Hos- pital—The Secretary Of War is authorized, during the existing emergency, to transfer to the various public hospitals for the Care Of the insane, patients Of every Class entitled to treatment in Saint Elizabeth's HOS- pital and that are admitted on Order of the Secretary of War. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 373.) § 93.08B. Transfer of insane from military hospitals to nearest public hospitals—The Secre- tary of War is authorized to transfer from any military hospital to the nearest available public hos- pital for the care of the insane any insane patient who is in need of treatment, preference being given to the hospital nearest to the place of the patient’s enlist- ment. The Superintendent Of Such public hospital shall possess the right to retain the aforementioned Class of patients in his hospital in the same manner and to the same extent as now possessed by the Su- perintendent of Saint Elizabeths Hospital. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 373.) § 9308 c. Transfer of part of appropriations for Hospital to public hospitals for support of patients received therein—The Superintendent of Saint Elizabeth's Hospital, with the approval of the Secretary of the Interior, shall transfer to the vari- ous public hospitals Out of the Various appropriations made by Congress for the Support and treatment of patients in Saint Elizabeths Hospital a sum sufficient to pay for the support and treatment of patients sent to public hospitals as herein provided, based upon the per capita cost of maintenance in Saint Elizabeths Hospital, said payment not to exceed at any time the exact cost of support and treatment of such patients. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 373.) § 9308&l. Revocable permit to Hospital to use certain lands—The Secretary of War is authorized to grant a revocable permalt to the Saint Ellzabeths Hospital for the use of Such portions Of land as are at present Inot under lease and such other portions thereof as leases thereof expire, of that pol’UlOn Of land lying along Anacostia Flats which has been reclaimed by the War Department and is Valuable for farm- ing purposes. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 378.) § 93.09. Order of admission—The [Secretary of the Interior] may grant an Order for the admission into the hospital of any insane person not charged with a breach of the peace, when me Shall receive Lhe certificate, as provided in the next section, of any judge of the Supreme Court for the District of Columbia, or of any justice of the peace of the Dis- trict, and an application in Writing, as provided in the next section, by a member of the board of Visi- tors, requesting that such order may be issued. (R. S. § 4845.) See § 9307 and note. § 93.10. Certificate of judge or justice–It must appear by the certificate aforesaid that tWO respectable physicians, residents of the District, appeared before said judge or justice and deposed, in Writing SWOrn to and subscribed by them, that they knew the per- son alleged to be insane; that, from personal exam- ination, they believed such person to be in fact in- sane, and a fit subject for treatment in said hospital, and that said person was a resident Of the District at the time he or she was seizuu. With the mental disor- der under which he or she then labored. And it lmust further appear by such certificate that tWO respect- able householders, resident of the District, appeared before said judge or justice and deposed, in Writing sworn to and subscribed by them, that they knew the person alleged to be insane, and that, from a personal examination of his or her affairs, they believed Said person to be unable, under the Visitation of insanity, to support himself, or herself, and family, in Case Such person have a family, or to support himself or her- self alone, in case such person have no family, and unable to pay his or ber board and other expenses in the hospital. The affidavits of Said physicians and householders shall accompany the Certificate of Said judge or justice of the peace. (R. S. § 4846.) § 9311. Application by visitor—The application by a member of the board of visitors must be made within five days after the date Of the affidavits afore- said, and it must appear therein that the visitor made the application after an inspection. Of the affidavits and certificate. It shall be the duty Of Such visitor to withhold his application, if he has reason to doubt the indigence of the party in whose behalf the ap- plication is desired, until his doubt is removed by Satisfactory testimony. (R. S. § 4847.) § 93.12. Conveyance to Hospital—The order of the [Secretary Of the Interior], granted upon the cer- tificate of a judge Or justice and the application Of a member of the board Of Visitors, shall authorize any police officer or constable to assist in Carrying such indigent insane person to the hospital, whenever such assistance is represented to be necessary by the per- son holding the order; but all the expenses of wit- nesses before the judge or justice Of the peace, and of carrying such patient to the hospital, shall be borne by his friends, or by the local authorities of the Dis trict. (R. S. § 4848.) See § 9307 and note. § 93.13. Proceedings by Commissioners of Dis. trict of Columbia for commitment of indigent insarie, to be in equity court—Hereafter proceed- ings by the Commissioners of the District of Columbia to commit indigent insane persons, and insane per Sons having violent or dangerous tendencies, to the Government Hospital for the Insane shall be taken in the equity court of said District, and shall be in conformity with the law in force in said Dis1 tº ct On & 9314 (Tit. 59 HOSPITALS, ASYLUMS, AND CEMETERIES ;II*age 15081 the thirtieth day of January, eighteen hundred and ninety-nine. (March 3, 1903, c. 1006, § 1, 32 Stat. 1043.) \ § 9314. Admission of insane persons having property—Whenever it appears in the case of any insane person whose insanity commenced while he Was a resident Of the District Of Columbia that he is able to defray a portion, but not the whole of the expenses of his support and treatment in the Gov- ernment Hospital for the Insane, the board of visi- tors of the hospital is authorized to inquire into the facts of the Case; and if it appears to the board, upon such inquiry, that such insane person has prop- erty and no family, or has more property than is required for the support of his family, then, as a COIndition upon which such insane person, admitted Or to be admitted upon the Order Of the [Secretary of the Interior, shall receive or continue to receive the benefits of the hospital, there shall be paid to the superintendent from the income, property, or es- fate Of Such insane person such portion of his ex- penses in the hospital as a majority of the board shall determine to be just and reasonable, under all the circumstances. (R. S. § 4849.) § 9315. Admission of non-residents of District —Any indigent insane person who did not reside in the District at the time he became insane may, in like manner, upon the certificate of a judge or jus- tice and the application of a member of the board Of Visitors, be admitted into the hospital upon the application of [the governor of the District], and at the expense of the District during the continuance Of Such insane person therein, it being hereby de- Signed to give the Superintendent thereof authority to take charge Of Such insane person until the gov- ernor can discOver who his friends are, or whence he came, with a view to the return of such person to such friends, or to the place of his residence, and thus relieve the District of the expense and charge of such indigent insane non-resident. (R. S. § 4850.) Text in brackets superseded by Act June 20, 1874, c. 337, -$ 2, 18 Stat. 116 § 9316. Same; return; costs—It shall be the duty of the Commissioners of the District of Colum- bia, so soon as practicable, to return to their places Of residence or to their friends all indigent insane persons not residing in the District at the time they became insane who are now detained in the GOvern- ment Hospital for the Insane, or who shall be Com- mitted to the said hospital to be temporarily cared for, as provided in section forty-eight hundred and fifty of the Revised Statutes of the United States, and all necessary expenses incurred by the Commis- Sioners in ascertaining the locality where such per- Sons or their friends belong and in returning them to Such locality shall be defrayed by the District of Columbia. (Jan. 31, 1899, c. 78, § 7, 30 Stat. 811.) § 93.17. Proceedings in lunacy on petition of Commissioners of District—Hereafter the proceed- ings instituted upon petition of the Commissioners of the District of Columbia to determine the Imental condition of alleged indigent insane perSOnS and per- sons alleged to be insane, with homicidal Or Other- wise dangerous tendencies, shall be according to the provisions of the code of law for the District of Columbia relating to lunacy proceedings: Provid- ed., That the jury to be used in case the said Commis- Sioners are the petitioners shall be impaneled by the United States marshal for said District, upon Order Of the court, from the jurors in attendance upon the criminal Courts of said District, who shall perform Such Services in addition to and as part Of their duties in Said Criminal Courts: Provided further, That during such time as jurors are not in attend- ance upon said criminal courts the Court may direct the Said marshal to impanel the jurors in attendance upon the police court of said District, who shall per- form such duties in addition to and as part of their duties in said police COurt ; or the Said court may direct a special jury to be summoned for such inqui- sitions. In case any such person adjudged to be of unsound mind has property, real or personal, the equity Court of said District shall have full power in the same cause to appoint a committee or trustee Of the person and estate of such person, according to the provisions of said code, and such committee or trustee shall reimburse, out of the funds of the lu- natic, the District of Columbia for all court costs ex- pended Or incurred by it and for all moneys by it ex- pended or costs incurred in caring for and treating Such insane person up to the time of such appoint- ment. (Feb. 23, 1905, c. 738, § 1, 33 Stat. 740.) § 93.18. Discharge as cured—In case any person adjudged to be of unsound mind in the District of Columbia who is committed to the Government Hos- pital for the Insane, or any other institution, re- Covers his or her reason, and who is discharged from Such institutions as cured, the superintendent of said Government Hospital for the Insane, or the Official in Charge of any such other institution where such perSOn has been under treatment and has been SO discharged, shall immediately thereafter file with the Clerk Of the supreme Court of the District of Colum- bia his Sworn statement that such person, in his opin- ion, was at the time of his discharge of sound mind, and Such statement shall be sufficient to authorize the Court to pass an order declaring such person to be restored to his or her former legal status as a person of Sound mind. (Feb. 23, 1905, c. 738, § 2, 33 Stat. 740.) - $ 93.19. Admission of insane persons accused of crime—If any person, charged with crime, be found, in the court before which he is so charged, to be an insane person, such court shall certify the Same to the Secretary of the Interior, who may order such person to be confined in the Hospital for the In- sane, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital. (R. S. § 4851.) § 93.20. Insane convicts—Any person becoming insane during the continuance of his sentence in the United States penitentiary shall have the same priv- ilege of treatment in the hospital during the Continu- ance of his mental disorder as is granted in the pre- Ceding section to persons who escape the consequences of criminal acts by reason of insanity, unless it be the opinion, both of the physician to the penitentiary and the Superintendent of the hospital, that such in- Sane convict is SO depraved and furious in his Char- acter as to render his custody in the hospital inse- cure, and his example pernicious. (R. S. § 4852.) § 9321. Same; transfer to Hospital—Upon the application of the Attorney-General the Secretary of the Interior be, and he is hereby, authorized and di- rected to transfer to the Government Hospital for the Insane in the District of Columbia all perSons who, having been charged with offenses against the United States, are in the actual custody of its Officers, and all persons who have been or shall be Convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and who during the term of their imprisonment have or shall become and be in- sane. (June 23, 1874, c. 465, § 1, 18 Stat. 251, amend- ed, Aug. 7, 1882, c. 433, § 1, 22 Stat. 330.) § 9322. Same; accommodation in State asy- lums; compensation—In all cases Where any persºn convicted in a court of the United States shall, while imprisoned under such conviction in any State prison or penitentiary, become and be insane, and there shall not be accommodation for such insane person at the Insane Asylum of the District of Columbia, or. if for other reasons the Attorney-General is of Opinion that such insane person should be placed at a State insane asylum rather than at said District Asylum, then the Attorney-General shall have power in his discretion to contract with any State insane or luna- Ch. 4) HOSPITALS, ASYLUMS, AND CEMETERIES ź 9334 [Page 1509] tic asylum, within the State in which such convict is imprisoned, for his care and custody While remain- ing so insane; and in all cases Where Such COn- victs shall have heretofore been, or shall hereafter be, transferred to a State asylum for insane convicts, in accordance with the laws Of Such State, the At- torney-General is hereby authorized and directed to Compensate the said asylum, or the proper authorities controlling the same, for the care and custody of Such insane Convicts, until their removal or discharge, in Such amounts as he shall deem just and reasona- ble; but no contract shall be made or compensation paid for the care of such insane person beyond their respective terms of imprisonment. (June 23, 1874, c. 465, § 2, 18 Stat. 251.) § 9323. Same; return to prison on restoration' to sanity—Whenever Such insane convict shall be restored to sanity, after he or She shall have been transferred under the provisions of this act, he or she shall be returned to the prison or penitentiary from Which the transfer was made, provided the term of im- prisonment shall not have expired. The questions of Sanity in all cases arising under this act shall be de- termined in accordance with the rules and regulations Of eXisting laws, State or national, on that subject, ap- plicable to the prison, penitentiary, or asylum where Such convict shall be confined. (June 23, 1874, c. 465, $–3, 18 Stat. 252.) § 9324. Private patients—Whenever there are Vacancies, private patients from the District may be received at a rate of board to be determined by the Visitors, to be in no case less than the actual cost of their support. (R. S. § 4853.) § 9325. Admission of pay patients—The inde- pendent Or pay patients may be received into the hospital for the insane on the certificate of two re- Spectable physicians of the District, stating that they have personally examined the patient, and believe him to be insane at the time of giving the certificate, and a fit subject for treatment in the institution, aCCOmpanied by a written request for the admission from the nearest relatives, legal guardian, or friend Of the patient, where he may remain until restored to reason. The friends of the patient shall comply With the regulations of the hospital in respect to payment Of board, and in all other respects. The re- Quest for admission must be made within five days Of the date of the certificate of insanity. (R. S. § 4854.) (R. S. § 4855. Superseded.) This section provided for the delivery of insane crim- inals restored to Sanity to the court. It was superseded by Act June 23, 1874, c. 465, § 3 (§ 9323). § 9326. Discharge of patients on bond—If any person will give bond with sufficient security, to be approved by the Supreme Court of the District of Columbia, or by any judge thereof in vacation, pay- able to the United States, with condition to restrain and take care of any independent or indigent insane person not charged with a breach of the peace, wheth- er in the hospital or not, until the insane person is restored to sanity, such court or judge thereof may deliver Such insane person to the party giving such bond. (R. S. § 4856.) § 93.27. Insane persons not to be confined in jail–No insane person not charged with any breach Of the peace shall ever be confined in the United States jail in the District of Columbia. (R. S. § 4857.) § 9328. Disbursement of appropriations for insane–All appropriations of money by Congress for the Support of the Hospital for the Insane Shall be drawn from the Treasury On the requisition of the Secretary Of the Interior, and shall be disbursed and accounted for in all respects according to the laws regulating Ordinary disbursements of public money. (R. S. § 4858.) § 93.29. Expense of indigent insane admitted from District of Columbia—Government Hospital for the Insane.—For the Support, clothing and medi- Cal and moral treatment * * of the indigent in- Sane Of the District of Columbia in the Government EIOSpital for the insane * *; and One half of the expense Of the indigent persons who may be hereafter admitted from the District of Columbia Shall be paid from the treasury of said District. (March 3, 1877, c. 105, 19 Stat. 347.) § 9330. Same; payment of part of from ap- propriations for District—Current expenses, Gov- ernment Hospital for the Insane : * * Provided, That One half of the expense of the indigent patients from the District of Columbia shall be reported to the Treasury Department, and charged against the appropriations to be paid toward the expenses of the District by the general government, without regard to the date of their admission. (March 3, 1879, c. 182, § 1, 20 Stat. 395.) § 9331. Salie of surplus products and waste material—For current expenses of the Government HOSpital for the Insane: And that hereafter the sur- plus products and waste material of the hospital may be sold or exchanged for the benefit of the hospital, and proceeds to be used and accounted for the same §ojº Other funds. (Aug. 7, 1882, c. 433, § 1, 22 Stat. § 9331a. Sale or exchange of typewriting ma- chines and other equipment—Authority is granted to Sell or exchange condemned typewriting machines, laundry machinery, and other equipment, applying the proceeds therefrom to replacing new equipment for the Government Hospital for the Insane. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 649.) $ 9331b. Exchange of laundry machines and other equipment—Authority is granted hereafter to exchange laundry machinery and other equipment in purchasing new equipment of the same or like char- acter. (June 12, 1917, c. 27, § 1, 40 Stat. 153.) $ 9332. Disposition of moneys belonging to deceased inmates; claims thereto—All moneys be- longing to deceased inmates of the Government Hos- pital for the Insane and deposited in the Treasury by the Superintendent as agent prior, to February tWentieth, nineteen hundred and five, shall, if unclaim- ed by the legal heirs of such inmate within the pe- riod of five years from the date of the passage of this Act, be covered into the Treasury, and all moneys so deposited by the superintendent as agent after Feb- ruary twentieth, nineteen hundred and five, and be- longing to inmates who have died since that time, or may hereafter die, shall likewise be covered into the Treasury unless claimed by his or her legal heirs Within five years from the death of the inmate. And the Superintendent Of the Government Hospital for the Insane is hereby authorized and directed, under such regulations as may be prescribed by the Secretary of the Interior, to make diligent inquiry in every in- stance after the death. Of an inmate to ascertain the whereabouts of his or her legal heirs. Claims may be presented hereunder at any time, and when estab- lished by competent proof in any case more than five years after the death of an inmate shall be certified to Congress for consideration. (June 30, 1906, c. 3914, § 1, 34 Stat. 730.) § 9333. Sale of intoxicating liquor near Hos- pital—It shall be unlawful to sell, either by whole- sale or retail, intoxicating liquor of any kind at any point between the Government Hospital for the In- Sane and the Home for the Aged and Infirm, or with- in a radius Of One-half mile Of the boundaries of either of the said properties. (Feb. 1, 1907, c. 441, 34 Stat. 870.) § 9334. Apprehension and detention of cer- tain insane persons; in District of Columbia— Any member of the Metropolitan police of the Dis- trict of Columbia or any other officer in said District authorized to make arrests is hereby authorized and empowered to apprehend and detain, Without War- & 9335 (Tit. 59 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 15101 rant, any insane person or person of unsound mind found on any street, avenue, alley, or other public highway, or found in any public building or other pub- lic place within the District of Columbia; and it Shall be the duty Of the policeman or officer so ap- prehending or detaining any such person to immedi- ately file his affidavit with the major and superintend- ent Of Said Metropolitan police that he believes said person to be insane or of unsound mind, incapable of taking care Of himself or herself Or his Or her prop- erty, and if permitted to remain at large or to go unrestrained in the District of Columbia the rights of persons and of property will be jeopardized or the preservation of public peace imperiled and the COm- mission. Of Crime rendered probable: Provided, how- ever, That it shall be the duty of the major and Su- perintendent Of the said Metropolitan police to forth- With notify the husband Or Wife Or SOme near rela- tive or friend of the person so apprehended and de- tained whose address may be known to the said major and Superintendent or whose address can by rea- sonable inquiry be ascertained by him. (April 27, 1904, c. 1618, § 1, 33 Stat. 316.) - § 93.35. Same—The major and superintendent of said Metropolitan police is hereby authorized to Order the apprehension and detention, without warrant, of any indigent person alleged to be insane or of un- sound mind Or any alleged insane person of homicidal or other Wise dangerous tendencies found elsewhere in the District of Columbia than in the places men- tioned in section. One hereof whenever two or more responsible residents of the District of Columbia shall make and file affidavits with said major and super- intendent of the Metropolitan police setting forth that they believe the person therein named to be insane Or Of unsound mind, the length. Of time they have known such person, that they believe such person to be in- capable of managing his or her own affairs, and that such person is not fit to be at large or to go unrestrain- ed, and if Such perSOn is permitted to remain at lib- erty in the District of Columbia the rights of persons and of property will be jeopardized or the preservation Of public peace imperiled and the commission of Crime rendered probable, and that such person is a fit sub- ject for, treatment on account of his or her mental condition : Provided, however, That before the major and Superintendent Of the said Metropolitan police shall Order the apprehension and detention of any person upon the affidavits of the aforesaid residents or in case of arrest as provided in section One, he shall, in ad- dition thereto, require the Certificate of at least two physicians who shall certify that they have examined the person alleged to be insane or of unsound mind, and that such person should not be allowed to remain at liberty and go unrestrained, and that such person is a fit Subject for treatment On a CCOunt Of his Or her mental condition. (April 27, 1904, c. 1618, § 2, 33 Stat. 317.) § 9336. Temporary detention of alleged insane persons—The Commissioners of the District of Colum- bia are hereby authorized to place in the Government Hospital for the Insane in said District, and the Su- perintendent of said hospital is hereby authorized to receive, upon the written request of the said Commis- Sioners, for a period of time not exceeding thirty days, indigent persons alleged to be insane or of unsound mind, residents of or found within the District of Columbia, and alleged insane persons of homicidal or Otherwise dangerous tendencies, residents of Or found within the said District, so apprehended and detained as provided in sections one and two of this Act, pend- ing the formal commitment of such persons to said Hospital as provided by law, or their transportation to their homes when their places of residence are as- certained by the proper officials charged by law with that duty. (April 27, 1904, c. 1618, § 3, 33 Stat. 317.) § 9337. Temporary commitment of persons to other hospital, or detention in police station; discharge of person certified not insane—The Com- missioners of the District of Columbia may authorize the temporary commitment of any of the above-men- tioned insane persons or persons of unsound mind so apprehended and detained as provided in sections one and two of this Act (for a period of time not exceeding thirty days) in any other hospital in said District which, in the judgment of the health Of- ficer of said District, is properly constructed and equipped for the reception and Care of Such perSons, and the Official in charge of which, for the time being, is willing to recoive such perSons pending the temporary commitment or the formal Commitment Of such persons, as provided by law, to the Government Hospital for the Insane or to any other hospital Or in- sane asylum; or any such alleged insane perSOIn Or person of unsound mind apprehended under Sections one and two of this Act may be detained in any police station or house of detention in said District pending the Completion of arrangements for his Or her tem- porary detention in the Government Hospital for the Insane Or any other hospital Or insane asylum; and such persons may be detained in any police station Or house Of detention in , Said District until formally committed to the Government Hospital for the Insane or any other hospital or asylum, in the manner pro- vided by law, in case he or she can not be provided for by the said Government Hospital for the Insane and no arrangement can be made for his or her temporary detention in any other hospital or asylum: Provided, however, That if, pending the formal commitment of such alleged insane person or person of unsound mind to the Government Hospital for the Insane Or to any other hospital or asylum, the superintendent of Said Government Hospital for the Insane, in the case of the commitment of a person to said hospital under the provisions of this Act, or if two or more physicians in regular attendance at any other hospital Or asylum where any person is committed under the provisions of this Act, or if two or more surgeons of the police and fire departments, in the case of any person de- tained at any police station house or house of deten- tion under the provisions of this Act, shall certify in writing to the Commissioners of the District of Co- lumbia that such person is not insane Or that he or she has recovered his or her reason, the Official in charge of the Government Hospital for the Insane or the hospital or asylum in which such person is Con- fined, or the major and superintendent of Said Met- ropolitan police, if such person be confined in a police station house or in a house of detention, shall dis- charge such alleged insane person or person of un- sound mind forth with and immediately report Such action to the Commissioners of the District Of Colum- bia. (April 27, 1904, c. 1618, § 4, 33 Stat. 317.) § 9338. Certificate by physician as to sanity or insanity; qualifications of physician-For the purposes of this Act no certificate as to the sanity or the insanity of any person shall be valid which has been issued (a) by a physician who has not been regu- larly licensed to practice medicine in the District of Columbia, unless he be a commissioned Surgeon of the United States Army, Navy, or Public Health and Ma- rine-Hospital Service; or (b) by a physician Who is not a permanent resident of the District of Columbia; Or (c) by a physician who has not been actively engaged in the practice of his profession for at least three years; or (d) by a physician who is related by blood or by marriage to the person whose mental condition is in question. Nor shall any certificate alleging the insanity of any person be valid which has been issued by a physician who is financially interested in the hos- pital or asylum in which the alleged insane person is to be confined, or who is professionally Or Officially COn- nected there with. (April 27, 1904, c. 1618, § 5, 33 Stat. 3.18.) ". § 9339. Making affidavit for apprehension of person as insane without probable cause, or making false certificate-Any person Who makes an Ch. 5) 3 9350 HOSPITALS, ASYLUMS, AND CEMETERIES & [Page 1511] affidavit, as required by section one or two of this Act, by which he or she secures or attempts to secure the apprehension, detention, or restraint of any other per- Son in the District of Columbia without probable cause for believing such person to be insane or of unsound mind, Or any physician who knowingly makes any false certificate as to the sanity or insanity of any Other person shall, upon conviction thereof, be fined not lmore than five hundred dollars or imprisoned not more than three years, or both. (April 27, 1904, c. 1618, § 6, 33 Stat. 318.) Chapter Five—The Columbia Institu- Sec. tion for the Deaf 9340. Institution known and designated as Columbia. Institu- tion for the Deaf. 9341. Establishment. 9342. Terms of deed part of charter. 9343. Disposal of real property. 9344. Election of officers. 9345. Government directors; 9346. Same; term of office; Counts. 9347. Admission of pupils from District. 9348. Instruction for feeble-minded residing in District. 9349. Manner of paying expenses; pupils from District. 9350. Same; instruction of feeble-minded from District; an- nual estimates. 9351. Admission of deaf mutes from District. 9352. Education of colored deaf-mute children of District. 9353. Admission of pupils from States and Territories. 9354. Same; limit; number and compensation of employés included in annual Book of Estimates. 9355. Same; increase of number. 9356. Justices of the peace to report deaf and dumb persons in District. 9357. Report of superintendent. 9358. Itemized report of expenses. 9359. Annual report of president and directors. 9360. Education of indigent blind persons. 9361. Manner of paying expenses for instruction of the in- digent blind from District. § 9340. Institution known and designated as Columbia Institution for the Deaf-From and aft- er the passage of this Act the Columbia. Institution for the Deaf and Dumb shall be known and designat- ed as the Columbia Institution for the Deaf. (March 4, 1911, c. 285, § 1, 36 Stat. 1422.) § 9341. Establishment—The Corporation created by the act of February sixteen, eighteen hundred and fifty-seven, under the name of the “Columbia Institu- tion for the Instruction of the Deaf and Dumb,” shall have perpetual succession, and be capable to take, hold, and enjoy lands, tenements, heredita- ments, and perSOnal property, to use a common Seal, and to alter the same at pleasure. But no real or personal property shall be held by the Corporation, except Such as may be necessary to the maintenance appointments. control of disbursements; ac- and efficient management Of the institution. (R. S. § 4859.) § 9342. Terms of deed part of charter—The terms and conditions of the deed of transfer of the funds and property of Washington’s Manual-Labor School and Male Orphan Asylum Society of the Dis- trict of Columbia shall be as obligatory upon the Co- lumbia Institution for the Instruction Of the Deaf and Dumb. as if they formed a part of its charter. (R. S. § 4860.) § 9343. Disposal of real property—No part of the real or personal property now held or hereafter acquired by the Columbia Institution for the Instruc- tion. Of the Deaf and DUImb shall be devoted to any Other purpose than the education Of the deaſ and dumb, nor shall any portion of the real estate be aliened, sold, Or Conveyed, except under the authority of a special act of Congress. (R. S. § 4861.) § 9344. Election of officers—The Columbia. In- stitution for the Instruction of the Deaf and Dumb shall be managed as provided for in its present con- stitution, and Such additional regulations as may from time to time be found necessary; but as soon as sufficient Contributions shall have been paid in to authorize an election according to the provisions of the Constitution, the provisional Officers therein nam- ed shall give notice of a general meeting to the con- tributors for the election of Officers, and the Offi- cers elected at such general meeting shall hold their Offices for One year and until their Successors shall be elected as in the constitution provided; and the Constitution may be altered Consistently with law, in the manner therein provided. (R. S. § 4862.) § 9345. Government directors; appointment— In addition to the directors whose appointment has heretofore been provided for by law, there shall be three Other directors Of the Columbia. Institution for the Instruction of the Deaf and Dumb, appointed in the following manner: One Senator by the President of the Senate, and two Representatives by the Speak- er of the House. These directors shall hold their Offices for the term of a single Congress, and be eligible to a re-appointment. (R. S. § 4863.) § 9346. Same; term of office; control of dis- Tbursements; accounts—Directors appointed under the provisions of section forty-eight hundred and sixty-three of the Revised Statutes of the United States shall remain in Office until the appointment and acceptance of office of their successors; and the directors of the institution shall have control of the disbursements of all moneys appropriated by Con- gress for the benefit of said institution, accounts for which shall be settled and adjusted at the Treasury Department as required by the provisions of section two hundred and thirty-six of the Revised Statutes. (July 1, 1898, c. 546, § 1, 30 Stat. 624.) § 9347. Admission of pupils from District— Whenever the Secretary of the Interior is satisfied, by evidence produced by the President of the Co- lumbia. Institution for the Instruction. Of the Deaf and Dumb, that any deaf and dumb person of teach- able age, properly belonging to the District of Co- lumbia, is in indigent circumstances and Cannot Com- mand the means to seCure an education, it shall be his duty to authorize such person to enter the in- stitution for instruction. (R. S. § 4864.) § 9348. Instruction for feeble-minded reside- ing in District—Columbia Institution for the Deaf and Dumb. * * When any indigent applicant for admission to the institution, belonging to the District of Columbia, and being of teachable age, is found. On examination by the president of the institution to be of feeble mind, and hence incapable of receiving in- struction among children of Sound mind, the Secre- tary of the Interior may cause such person to be in- structed in some institution for the education of feeble-minded children in Pennsylvania, Or SOme other Ståte, at a cost not greater for each pupil than is, or may be for the time being, paid by such State for Similar instruction. (June 16, 1880, c. 235, 21 Stat. 275.) § 9349. Manner of paying expenses; pupils from District—Columbia Institution for the Deaf and Dumb. * * One half of all expenses attending the instruction of deaf and dumb persons admitted to said institution from the District of Columbia, un- der section forty-eight hundred and sixty-four of the Revised Statutes, shall be paid from the revenues of the District Of Columbia and One-half Out Of the Treasury of the United States, and hereafter estimates for Such expenses shall each year be submitted in the regular estimates for the expenses of the government Of the District of Columbia. (March 2, 1889, c. 411, § 1, 25 Stat. 962.) § 9350. Same; instruction of feeble-minded from District; a minual estimates—To enable the Secretary of the Interior to provide for the education of feeble-minded children belonging to the District of Columbia as provided for in the act approved June sixteenth, eighteen hundred and eighty. * * One- Half of this sum shall be paid out of the revenues Of the District of Columbia and one-half out of the Treasury of the United States, and hereafter the es- & 9351 HOSPITALS, ASYLUMS, AND CEMETERIES - (Tit. 59 [Page 1512] timates for this expense shall each year be Šubmitted in the annual estimates for the expenses of the gov- ernment of the District of Columbia. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 393.) • § 9351. Admission of deaf mutes from Dis- trict--Columbia Institution for the Deaf and Dumb: * * Hereafter all deaf mutes of teachable age, of good mental capacity, and properly belonging to the District of Columbia shall be received and instructed in Said institution, their admission thereto being sub- ject to the approval of the superintendent of public Schools in the District of Columbia. And said in- stitution Shall not be regarded nor classified as an institution of charity. (March 1, 1901, c. 670, § 1, 31 Stat. 844.) § 9352. Education of colored deaf-mute chil- dren of District—For expenses attending the instruc- tion. Of deaf and dumb persons admitted to the Co- lumbia Institution for the Deaf and Dumb from the District of Columbia, under section forty-eight hun- dred and Sixty-four of the Revised Statutes, and as provided for in the Act approved March first, nine- teen hundred and One, and this provision shall apply to appropriations made for the same object for the fiscal years nineteen hundred and four and nineteen hundred and five, ten thousand five hundred dollars, Or SO much thereof as may be necessary. And the directors Of Said institution are hereby authorized to provide for the education of colored deaf-mute chil- dren properly belonging to the District of Columbia, in the Maryland School for Colored Deaf-Mutes, or Some other Suitable school, at a cost not exceeding the per capita expense of educating the State pupils * Such School. (March 3, 1905, c. 1406, § 1, 33 Stat. 1.) - § 9853. Admission of pupils from States and Territories—Deaf mutes, not exceeding forty in num- ber, residing in the several States and Territories, applying for admission to the collegiate department of the Columbia Institution for the Instruction of the Deaf and Dumb, shall be received on the same terms and COnditions as those prescribed by law for resi- dents of the District of Columbia, at the discretion Of the president of the institution; but no student Coming from either of the States shall be supported by the United States during any portion of the time he remains therein. (R. S. § 4865.) § 9854. Same; limit; number and compensa- tion of exºployés included in annual Book of Es- timates–Columbia Institution for the Deaf and Dumb. * * Deaf-mutes, not exceeding sixty in number, admitted to this institution from the several States and Territories under section forty-eight hun- dred and sixty-five of the Revised Statutes, shall have the expenses of their instruction in the collegiate de- partment paid from this appropriation, together with So much Of the expense of their support when indi- gent and While in the institution as may be authorized foy the board of trustees, with the approval of the Secretary Of the Interior, and hereafter there shall not be admitted to said institution under section forty- eight hundred and sixty-five of the Revised Statutes, nor shall there be maintained after such admission, at any one time from any State or Territory exceed- ing three deaf mutes while there are applications pending from deaf-mutes, citizens of States or Terri- tories having less than three pupils in said institu- tion: Provided further, That hereafter there shall be included in the annual Book of Estimates a state- ment showing the number of persons employed each |{ year in this institution and the compensation paid to each. (Aug. 30, 1890, c. 837, § 1, 26 Stat. 392.) § 9355. Same; increase of number—Current Expenses of the Columbia Institution for the Deaf and Dumb : * * The number of beneficiaries in said institution, authorized by the Act of August thirtieth, eighteen hundred and ninety, to be received from the Several States and Territories, is hereby in- creased from sixty to one hundred. (June 6, 1900, c. 791, § 1, 31 Stat. 620.) § 9356. Justices of the peace to report deaf and dulmb persons in District—It shall be the duty Of the justices of the peace for the District of Colum- bia to ascertain the names and residences of all deaf and dumb persons within their respective districts; Who Of them are of teachable age, and also who of them are in indigent circumstances; and to report the Same to the president of the Columbia Institu- tion for the Instruction of the Deaf and Dumb. (R. S. § 4866.) § 9357. Report of superintendent—The super- intendent of the Columbia Institution for the Instruc- tion of the Deaf and Dumb shall, at the commence- ment Of every December Session of Congress, make a full and Complete statement of all the expenditures made by Virtue of any appropriations by Congress, in- cluding the amounts and the rates paid to the super- intendent, and for teachers. (R. S. § 4867.) § 9358. Itemized report of expenses—Columbia Institution for the Deaf and Dumb : * * Hereaft- er the report of said institution shall Contain an item- ized Statement of all employees, the salaries or wages respectively, each of them, and also of all other ex- penses of said institution. (March 3, 1883, c. 143, § 1, 22 Stat. 625.) § 9359. Annual report of president and direc- tors—It shall be the duty of the president and direc- tors Of the Columbia. Institution for the Instruction of the Deaf and Dumb to report to the Secretary of the Interior the Condition of the institution. On the first day of July in each year, embracing in the re- port the number of pupils of each description receiv- ed and discharged during the preceding year, and the number remaining in the institution; also the branch- es of knowledge and industry taught, and the progress made therein; also a statement showing the receipts of the institution, and from what sources, and its disbursements, and for what objects. . (R. S. § 4868.) $ 9360. Education of indigent blind persons —Whenever the Secretary of the Interior is satisfied, by evidence produced by the president of the Colum- bia. Institution for the Instruction. Of the Deaf and Dumb, that any blind person of teachable age can- not command the means to secure an education, he may cause such person to be instructed in some in- stitution for the education of the blind, in Maryland, or SOme other State, at a COst not greater for each pupil than is, or may be for the time being, paid by such State, and to Cause the same to be paid out of the Treasury of the United States. (R. S. § 4869.) $ 9361. Manner of paying expenses for in- struction of the indigent blind from HBistrict— Hereafter one-half of the indefinite appropriation to pay for the instruction of the indigent blind children of the District of Columbia, formerly instructed in the Columbia Institution for the Instruction Of the Deaf, Dumb, and Blind, shall be paid out of the reve- nues Of the District Of Columbia and the Other half out of the Treasury of the United States. (March 3, 1899, c. 424, § 1, 30 Stat. 1101.) Ch. 6) ź 9372 HOSPITALS, ASYLUMS, AND CEMETERIES [Page 1513] Chapter Six—National Cemeteries Sec. 9362. How lands for acquired. 9363. Appraisement of real estate. 9364. Payment Of appraised value. 9365. Superintendents of cemeteries. 9366. Same; who may be selected. 9367. Same; Salaries; Arlington, Virginia, Cemetery. 9368. Same; Antietam battlefield. 9369. Care and maintenance of cemeteries. 9370. Appropriations for not expended for more than a single approach. 9371. Inclosure, headstones, and registers. 9372. Headstones in private cemeteries; records. 9373. Who may be buried in. 9374. Cemetery near city of Mexico. 9375. Same; subject to what regulations. 9376. Penalty for defacing cemeteries. 9377. Jurisdiction of United States. 9378. Encroachment by railroads on rights of way to. § 93.62. How lands for acquired—The Secretary of War shall purchase from the owners thereof, at Such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the pur- pose of Carrying into effect the provisions for national Cemeteries, and Obtain from Such OWners the title in fee simple for the same. And in case the Secretary of War is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such Owner title in fee- simple for the same, the Secretary is hereby authoriz- ed to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for Such purposes. (R. S. § 4870.) $ 9363. Appraisenment of real estate—The Sec- retary Of War Or the OWners of any real estate thus entered upon and appropriated, are authorized to make application for an appraisement of real estate thus entered upon and appropriated, to any Circuit Or district Court Within any State Or district where Such real estate is situated ; and Such COurts Shall, upon Such application, and in Such mode and Under Such rules and regulations as it may adopt, make a just and equitable appraisement Of the Cash value Of the Several interests of each and every OWner Of Such real estate and improvements thereon. (R. S. § 4871.) $ 9364. Payment of appraised value—When appraisement Of the real estate thus entered upon and appropriated has been made under the Order and di- rection of the Court, the fee-Simple thereof shall, up- On payment to the Owner Of the appraised value, Or in Case such owner refuses or neglects for thirty days after the appraisement of the Cash Value Of the real estate or improvements as aforesaid, to demand the same from the Secretary of War, upon depositing the appraised Value in the Court making such appraise- ment, to the credit of such owner, be vested in the United States, and its jurisdiction Over such real es- tate shall be exclusive and the same as its jurisdiction Over real estate purchased, Ceded, Or appropriated for the purposes Of navy-yards, forts, and arsenais. The Secretary of War is authorized and required to pay to the several owner or Owners, respectively, the appraised value Of the several pieces or parcels of real estate, as Specified in the appraisement of any of such Courts, Or to pay into any Of Such Courts by deposit, as hereinbefore proVided, the appraised value; and the Sum necessary for Such purpose may be taken from any moneys appropriated for the purposes Of nation- al Cemeteries. (R. S. § 4872.) $ 9365. Superintendents of cemeteries—The Secretary of War shall cause to be erected at the principal entrance of each national Cemetery a suit- able building to be occupied as a porter's lodge; and shall appoint a meritorious and trustworthy super- intendent to reside therein, for the purpose of guard- ing and protecting the Cemetery and giving informa- tion to parties visiting the same. (R. S. § 4873.) $ 9366. Same; who may be selected—The Su- perintendents Of the national Cemeteries shall be Selected from meritorious and trustworthy soldiers, either Commissioned officers or enlisted men of the volunteer or regular Army, who have been honorably mustered Out or discharged from the service Of the United States, and who may have been disabled for active field service in the line of duty. (R. S. § 4874.) $ 936'ſ. Same; salaries; Arlington, Virginia, Cenſſetery—The Superintendents of the national ceme- teries shall receive for their compensation from Six- ty dollars to seventy-five dollars a month each, ac- COrding to the extent and importance Of the Cemeteries to which they may be respectively assigned, to be de- termined by the Secretary of War, except the super- intendent of the Arlington, Virginia, Cemetery, whose COmpensation may be One hundred dollars per month, at the discretion of the Secretary of War; and they Shall also be furnished With quarters and fuel at the Several cemeteries. (R. S. § 4875, amended, July 30, 1912, c. 258, 37 Stat. 240.) § 93.68. Same; Antietam battle field—For pay of superintendent of Antietam battle field, said Su- perintendent to perform his duties under the direction of the Quartermaster Corps and to be selected and appointed by the Secretary of War, at his discretion, the person selected and appointed to this position to be an honorably discharged Union soldier, $1,500. (July 1, 1916, c. 209, § 1, 39 Stat. 287.) (R. S. § 4876. Repealed.) This section provided for an annual inspection of the condition , of the national cemeteries, by an officer of the Army, and a report thereon to the Secretary of War, and a report by him to Congress. It was expressly repealed by Act July 24, 1876, c. 226, § 1 ($ 9369). § 93.69. Care and maintenance of cemeteries— The Secretary of War shall provide for the Care and maintenance of the National Military Cemeteries and for this purpose shall submit an estimate with his an- nual estimates to Congress and Section four thousand eight hundred and seventy-six of the Revised Statutes is hereby repealed. (July 24, 1876, c. 226, § 1, 19 Stat. 99.) § 9370. Appropriations for not expended for more than a single approach—No part of any ap- propriation for ñational cemeteries or the repair of roadways thereto shall be expended in the mainte- nance of more than a single approach to any national cemetery. (June 12, 1917, c. 27, § 1, 40 Stat. 130.) § 9371. Inclosure, headstones, and registers— In the arrangement Of the national Cemeteries estab- lished for the burial Of deceased soldiers and Sailors, the Secretary of War is hereby directed to have the Same inclosed with a good and Substantial Stone Or iron fence; and to cause each grave to be marked with a small headstone, or block, which shall be of dura- ble Stone, and of Such design and Weight as shall keep it in place when Set, and shall bear the name Of the Soldier and the name Of his State inscribed thereon, When the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register Of burials to be kept at each Cemetery and at the Of- fice of the Quartermaster-General, which shall set forth the name, rank, company, regiment, and date of death of the Officer or soldier; Or if these are un- known, it shall be so recorded. (R. S. § 4877.) § 9372. Headstones in private cemeteries; records—The Secretary of War is hereby authorized to erect headstones OVer the graves . Of Soldiers who served in the Regular Or Volunteer Army of the Unit- ed States during the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries; and for this purpose, and for the expenses incident to such work, So much Of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available. § 9372 (Tit. 59 HOSPITALS, ASYLUMS, AND CEMETERIES IIPage 15141 The Secretary of War shall cause to be preserved in the records Of his Department the names and places of burial Of all Soldiers for whom such head- stones shall have been erected by authority of this or any former acts. (Feb. 3, 1879, c. 44, 20 Stat. 281.) § 9373. Who may be buried in—All soldiers, sailors, or marines dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, or Who served during the late War, either in the regular Or volunteer forces, may be buried in any national ceme- tery free of cost. The production of the honorable discharge of a deceased man shall be sufficient author- ity for the Superintendent of any cemetery to permit the interment. Army nurses honorably discharged from their service as such may be buried in any na- tional Cemetery ; and if in a destitute condition, free Of cost. The Secretary of War is authorized to issue certificates to those army nurses entitled to such burial. (R. S. § 4878, amended, March 3, 1897, c. 378, 29 Stat. 625.) § 93.74. Cemetery near city of Mexico—The President is authorized to provide, out of the Ordi- nary annual appropriations for establishing and main- taining United States military cemeteries, for the proper care and preservation and maintenance of the cemetery or burial ground near the city of Mexico, in which are interred the remains of Officers and Sol- diers of the United States, and of citizens of the Unit- ed States, who fell in battle, or died in and around said city. (R. S. § 4879.) § 93.75. Same; subject to what regulations- The cemetery in Mexico shall be subject to the rules and regulations affecting United States national mili- tary cemeteries within the limits of the United States, so far as they may, in the opinion of the President, be applicable thereto. (R. S. § 4880.) § 93.76. Penalty for defacing cemeteries— Every person who willfully destroys, mutilates, de- faces, injures, or removes any monument, grave-stone, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national Cemetery, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars, and not more than One hundred, or by imprisonment for not less than fifteen days, and not more than sixty. The Su- perintendent in charge of any national cemetery is au- thorized to arrest forth with any person engaged in committing any misdemeanor herein prohibited, and to bring such person before any United States Com- missioner or judge of any district or circuit court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemean- or, and then and there shall make complaint in due form. (R. S. § 4881.) § 93.77. Jurisdiction of United States—From the time any State legislature shall have given, or shall hereafter give, the consent of such State to the purchase by the United States of any national ceme- tery, the jurisdiction and power of legislation of the TJnited States Over Such Cemetery shall in all Courts and places be held to be the same as is granted by Sec- tion eight, article one, of the Constitution of the Dnited States; and all provisions relating to nation- al cemeteries shall be applicable to the same. (R. S. § 4882.) § 9378. Encroachment by railroads on rights of way to—No railroads shall be permitted upon the right of way which may have been acquired by the TJnited States to a national Cemetery, Or to encroach upon any roads or walks constructed thereon and maintained by the United States. (June 12, 1917, C. 27, § 1, 40 Stat. 130.) TITLE LIX A—EDUCATION AND EDUCATIONAL INSTITUTIONS Chap. - Sec. A. : nstruction as to nature and effect of alcoholic drinks and narcotics. . . . . . . . . . . . . . . . . . . . . . . . . 93.79 B. Use of Government collections for research... 9.382 C. Marine biological station. . . . . . . . . . . . . . . . . . . . . . . 9384 Chap. - Sec. D. American Printing House for the Blind. . . . . . . 9386 E. Boy Scouts of America. . . . . . . . . . . . . . . . . . . . . . . . 93.902 F. Vocational education . . . . . e e º e º 'º - e. e e e º e º e s e e s a 93.90% a Chapter A—Instruction as to Nature and Effect of Alcoholic Drinks and - Narcotics Study of effect of alcoholic drinks and narcotics in pub- lic schools in Territories, Military and Naval Acad- emies, District of Columbia, and Indian and colored Schools in Territories. 9380. Enforcement of preceding section. 9381. Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics. § 93.79. Study of effect of alcoholic drinks and narcotics in public schools in Territories, Mili- tary and Naval Academies, District of Columbia, and Indian and colored schools in Territories- The nature of alcoholic drinks and narcotics, and Spe- Cial instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included Sec. 93.79. in the branches of study taught in the common or pub- lic schools, and in the Military and Naval Schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said Schools, by the use of text-books in the hands of pupils where other branches are thus studied in Said Schools, and by all pupils in all. Said Schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District Of Columbia, and in all Indian and Colored Schools in the Territories Of the United States. c. 362, § 1, 24 Stat. 69.) - § 9380. Enforcement of preceding section—It shall be the duty of the proper officers in control of any School described in the foregoing section to en- force the provisions of this act; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the re- Quirements of this act, or shall neglect or faii to Imake proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the wa- cancy filled as in other cases. (May 20, 1886, c. 362, § 2, 24 Stat. 69.) - § 9381. Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics—NO certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories, after the first day of Jan- uary, anno Domini eighteen hundred and eighty-eight, who has not passed a Satisfactory examination in physiology and hygiene, with Special reference to the nature and the effects Of alcoholic drinks and other narcotics upon the human system. (May 20, 1886, c. 362, § 3, 24 Stat. 69.) Chapter B—Use of Government Collec- Sec. tions for Research 9382. Literary and scientific collections accessible to investi- gators and students. 9383. Facilities for study and research to rinvestigators and students. § 9882. Literary and scientific collections ac- cessible to investigators and students—The fa- cilities for research and illustration in the following and any other Governmental collections now existing or hereafter to be established in the city of Wash- ington for the promotion of knowledge shall be ac- (May 20, 1886, cessible, under such rules and restrictions as the officers in charge of each collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to students of any institution of higher educa- tion now incorporated or hereafter to be incorporated under the laws of Congress or of the District of Co- lumbia, to wit: - \ One. Of the Library of Congress. TWO. Of the National Museum. Three. Of the Patent Office. Four. Of the Bureau Of Education. Five. Of the Bureau Of Ethnology. Six. Of the Army Medical Museum. Seven. Of the Department of Agriculture. Eight. Of the Fish Commission. Nine. Of the Botanic Gardens. Ten. Of the Coast and Geodetic Survey. Eleven. Of the Geological Survey. Twelve. Of the Naval Observatory. (April 12, 1892, No. 8, 27 Stat. 395.) § 9383. Facilities for study and research to investigators and students—Facilities for study and research in the Government Departments, the Li- brary of Congress, the National Museum, the Zoologi- cal Park, the Bureau of Ethnology, the Fish Com- Imission, the Botanic Gardens, and similar institu- tions hereafter established shall be afforded to sci- entific investigators and to duly qualified individuals, students, and graduates of institutions of learning in the Several States and Territories, as well as in the District Of Columbia, under Such rules and restric- tions as the heads Of the Departments and BureauS mentioned may prescribe. (March 3, 1901, c. 831, 31 Stat. 1039.) Chapter C–Marine Biological Station Sec. 9384. Establishment; land and water rights donated by State; CoSt Of structures. 9384a. Land and water rights donated by state, corporation, firm, or individual. - 9385. Admissions to for pursuit of investigations. § 9384. Establishment; land and water rights donated by State; cost of structures—The Secre- tary of Commerce [and Labor] be, and he is hereby, authorized, empowered, and directed to establish a marine biological station on the Gulf of Mexico at a point on the coast of the State of Florida, to be se- lected by him in said State: Provided, That the State Of Florida donates and transfers, free of cost, to the Government Of the United States necessary land and water rights upon which may be erected such buildings, wharves, and other structures as may be necessary for the proper equipment Of Said Station, such biological station, buildings, wharves, and oth- er structures not to COSt exceeding fifty thousand dollars. . (March 1, 1911, c. 189, § 1, 36 Stat. 964.) - Text in brackets superseded by § 932. § 93.84a. Land and water rights donated by state, corporation, firm, or individual—The pro- Vision of the Act to authorize the establishment of a marine biological Station on the Gulf Coast of the State of Florida, approved March first, nineteen hun- dred and eleven, requiring the State of Florida to donate and transfer free of cost the necessary land and water rights for such station, is hereby amend- ed and modified to read as follows: Provided, That IPage 1515] . 3 9385 (Tit. 59A EDUCATION AND EDUCATIONAL INSTITUTIONS [Page 1516I the State of Florida, a corporation, a firm, or an in- dividual donates and transfers free of cost to the GOV- ernment of the United States the necessary land and water rights. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 665.) § 93.85. Admissions to for pursuit of investi- gations—The professors, instructors, and students of the several land-grant, agricultural, and mechanical colleges of the United States shall be admitted to said Station to pursue Such investigation in fish Culture and biology as may be practicable, without cost to the Government, under such rules and regulations as may be from time to time prescribed by the Secretary of Commerce [and Labor]. . (March 1, 1911, c. 189, § 2, 36 Stat. 964.) Text in brackets superseded by § 932. Chapter D—American Printing House Sec for the Blind 9386. Permanent fund set apart. 9387. Same; investment. 9388. Same; fund set apart as perpetual trust fund; perma- nent annual appropriation. Same; application of income. (1) Purposes and method of expenditure. (2) Buildings. (3) Sales of books and apparatus at cost. (4) Withheld income when not properly used. (5) Bond of treasurer. (6) Ex officio trustees. 9390. Annual reports by trustees. § 9386. Permanent fund set apart—The sum of two hundred and fifty thousand dollars, Out Of money in the United States Treasury not otherwise appropriated, be, and hereby is, set apart as a per- petual fund for the purpose of aiding the education Of the blind in the United States of America, through the American Printing House for the Blind. (March 3, 1879, c. 186, § 1, 20 Stat. 468.). § 9387. Same; investment—The Secretary of the Treasury of the United States is hereby directed to hold said sum in trust for the purpose aforesaid; and it shall be his duty, upon the passage of this act, to invest said sum in United States interest- bearing bonds, bearing interest at four per centum, Of the issue Of July, eighteen hundred and seventy, and upon their maturity to reinvest their proceeds in other United States interest-bearing bonds, and so on forever. (March 3, 1879, c. 186, § 2, 20 Stat. 468.) § 9388. Same; fund set apart as perpetual trust fund; permanent annual appropriation—The sum of two hundred and fifty thousand dollars here- tofore invested in United States registered four per centum bonds, funded loan of nineteen hundred and Seven, inscribed “Secretary Of the Treasury, trustee— interest to the Treasurer Of the United States for Credit of appropriation ‘To promote the education of the blind,’” shall upon the maturity and redemption Of said bonds On the first day Of July, nineteen hun- dred and seven, in "lieu of reinvestment in other Gov- ernment bonds, be set apart and Credited. On the books Of the Treasury Department as a perpetual trust fund; and the sum of ten thousand dollars, being equivalent to four per centum on the principal of said trust fund, be, and the same is hereby, appro- priated, Out Of any moneys in the Treasury not other- wise appropriated, and such appropriation shall be deemed a permanent annual appropriation and shall be expended in the manner and for the purposes authorized by the Act approved March third, eighteen hundred and seventy-nine, entitled “An Act to pro- mote the education of the blind,” approved March third, eighteen hundred and seventy-nine. (June 25, 1906, c. 3536, 34 Stat. 460.) § 9389. Same; application of income—The Secretary Of the Treasury Of the United States is hereby authorized to pay over, semi-annually, to the trustees of the American Printing House for the Blind, located in Louisville, Kentucky, and chartered in eighteen hundred and fifty-eight by the legislature of Kentucky, upon the requisition of their president, COunterSigned by their treasurer, the semi-annual in- #. upon the said bonds, upon the following condi- IOIn S : (1) Purposes and method of expenditure—First. The income upon the bonds thus held in trust for the education of the blind shall be expended by the trustees of the American Printing House each year in manufacturing and furnishing embossed books for the blind and tangible apparatus for their in- Struction; and the total amount Of Such books and apparatuS SO manufactured and furnished by this income shall each year be distributed among all the public institutions for the education of the blind in the States and Territories of the United States and the District of Columbia, upon the requisition of the Superintendent of each, duly certified by its board of trustees. The basis of Such distribution shall be the total number of pupils in all the public institutions for the education of the blind, to be authenticated in Such manner and as Often as the trustees Of the said American Printing House shall require; and each institution shall receive, in books and apparatus, that portion of the total income of said bonds held by the Secretary of the Treasury of the United States in trust for the education Of the blind, as is shown by the ratio between the number of pupils in that institution for the education Of the blind and the total number of pupils in all the public institutions for the education of the blind, which ratio shall be computed upon the first Monday in January Of each year. - (2) Buildings—Second. No part of the income from said bonds shall be expended in the erection or "easing of buildings. (3) Sales of books and apparatus at cost—Third. No profit shall be put on any books or tangible ap- paratus for the instruction of the blind manufactured Or furnished by the trustees of said American Print- ing House for the Blind, located in Louisville, Ken- tucky; and the price put upon each article so manu- factured Or furnished shall Only be its actual cost. (4) Withheld income when not properly used— Fourth. The Secretary of the Treasury of the United States shall have the authority to withhold the in- come arising from said bonds thus set apart for the education. Of the blind Of the United States Whenever he shall receive satisfactory proof that the trustees of said American Printing House for the Blind, lo- cated in Louisville, Kentucky, are not using the in- COme from these bonds for the benefit Of the blind in the public institutions for the education Of the IBlind in the United States. (5) Bond of treasurer—Fifth. Before any money be paid to the treasurer of the American Printing House for the Blind by the Secretary of the Treasury Of the United States, the treasurer Of the American Printing House for the Blind shall execute a bond, with two approved sureties, to the amount Of twenty thousand dollars, conditioned that the interest So re- ceived shall be expended acCOrding to this law and all amendments thereto, which shall be held by the Secretary Of the Treasury of the United States, and Shall be renewed every two years. (6) Ex officio trustees—Sixth. The superintend- ents Of the various public institutions for the educa- tion of the blind in the United States shall each, ex Officio, be a member of the board of trustees of the American Printing House for the Blind, located in the city of Louisville, Kentucky. (March 3, 1879, c. 186, § 3, 20 Stat. 468.) § 9390. Annual reports by trustees—The trus- tees of said American Printing House for the Blind shall annually make to the Secretary of the Treasury of the United States a report of the items of their Ch. E) & 9390h EDUCATION AND EDUCATIONAL INSTITUTIONS [Page 1517] expenditure of the income of said bonds during the year preceding their report, and shall annually fur- nish him with a voucher from each public institution for the education of the blind, showing that the amount Of books and tangible apparatus due has been received. (March 3, 1879, c. 186, § 4, 20 Stat. 469.) Chapter E–Boy Scouts of America Sec. - 9390a. Corporation created. 9390b. Name; general powers and duties. 9390C. Purpose of organization. 93.900. Assets of existing corporation; stock; dividends. 93.90e. Executive board; powers. 9390f. Annual and special meetings; quorum. 9390g. Emblems and badges. 93.90h. Reports. 93.90i. Reservation of power to repeal, alter, or amend act. § 93.90a. Corporation created—Colin H. Living- Stone and Ernest P. Bicknell, of Washington, Dis- trict of Columbia; Benjamin L. Dulaney, Of Bristol, Tennessee; Milton A. McRae, of Detroit, Michigan; David Starr Jordan, of Berkeley, California; F. L. Seely, of Asheville, North Carolina; A. Stamford White, of Chicago, Illinois; Daniel Carter Beard, of Flushing, New York; George D. Pratt, of Brooklyn, New York; Franklin C. Hoyt, Jeremiah W. Jenks, Charles P. Neill, Frank Presbrey, Edgar M. Robin- son, Mortimer L. Schiff, and James E. West, of New York, New York; G. Barrett Rich, junior, of Buffalo, New York; Robert Garrett, of Baltimore, Maryland; John Sherman Hoyt, of Norwalk, Connecticut; Charles C. Jackson, of Boston, Massachusetts; John H. Nich- Olson, of Pittsburgh, Pennsylvania; William D. Mur- ray, of Plainfield, New Jersey; and George D. Porter, Of Philadelphia, Pennsylvania, their associates and Successors, are hereby created a body corporate and politic of the District of Columbia, where its domi- Cile shall be. (June 15, 1916, c. 148, § 1, 39 Stat. 227.) § 93.90b. Name; general powers and duties— The name Of this COrporation shall be “Boy Scouts Of America,” and by that name it shall have perpetual SuCCeSSion, With power to Sue and be sued in Courts Of law and equity within the jurisdiction of the Unit- ed States; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a Seal, and the same to alter and destroy at pleasure; to have Offices and Conduct its business and affairs within and without the District Of Columbia and in the several States and Territories Of the United States; to make and adopt by-laws, rules, and regulations not inconsistent with the laws Of the United States Of America, Or any State there- Of, and generally to do all such acts and things (in- Cluding the establishment of regulations for the elec- tion of aSSOCiates and successors) as may be neces. Sary to Carry into effect the provisions of this Act and promote the purposes of said corporation. (June 15, 1916, c. 148, § 2, 38 Stat. 227.) § 93.90c. Purpose of organization—The purpose of this Corporation shall be to promote, through or- ganization, and cooperation with other agencies, the ability of boys to do things for themselves and Others, to train them in scoutcraft, and to teach them patriotism, Courage, self-reliance, and kindred vir- tues, using the methods which are now in common ... º boy Scouts. (June 15, 1916, c. 148, § 3, 39 Stat. § 93.90d. Assets of existing corporation; stock; dividends—Said corporation may acquire, by Way Of gift, all the assets of the existing national Organization Of Boy Scouts, a corporation under the laws Of the District of Columbia, and defray and provide for any debts or liabilities to the discharge of Which Said assets shall be applicable; but said Corporation shall have no power to issue certificates Of Stock Or to declare or pay dividends, its object and purposes being solely of a benevolent character and not for pecuniary profit to its members. (June 15, 1916, c. 148, § 4, 39 Stat. 228.) § 93.90e. Executive board; powers—The govern- ing body of the said Boy Scouts of America shall Con- sist of an executive board composed of citizens of the United States. The number, qualifications, and terms Of Office Of members Of the executive board Shall be prescribed by the by-laws. The persons men- tioned in the first Section. Of this Act shall Constitute the first executive board and shall serve until their Successors are elected and have qualified. Vacancies in the executive board shall be filled by a majority VOte Of the remaining members thereof. The by- laws may prescribe the number of members of the executive board necessary to constitute a quorum of the board, which number may be less than a majority Of the whole number of the board. The executive board shall have power to make and to amend the by-laws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and Cause to be executed mortgages and liens upon the property of the Corporation. The executive board may, by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which committee, to the extent provided in said resolution or in the by-laws of the corporation, shall have and exercise the powers of the executive board in the management of the business affairs of the corpora- tion, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The executive board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and Such standing Committees shall have and may exercise Such pow- ers as shall be conferred or authorized by the by- laws. With the COnsent in Writing and pursuant to an affirmative vote of a majority of the members of said corporation, the executive board shall have au- thority to dispose in any manner of the whole property of the corporation. (June 15, 1916, c. 148, § 5, 39 Stat. 228.) § 93.90f. Annual and special meetings; quo- rum—An annual meeting Of the incorporators, their associates and successors, shall be held Once in every year after the year Of incorporation, at such time and place as shall be prescribed in the by-laws, when the annual reports of the officers and executive board shall be presented and members Of the executive board elected for the ensuing year. Special meetings of the corporation may be called upon such notice as may be prescribed in the by-laws. The number of mem- bers which shall COnstitute a Quorum at any annual or special meeting shall be prescribed in the by-laws. The members and executive board shall have power to hold their meetings and keep the Seal, books, dOCu- ments, and papers of the corporation within or with- out the District of Columbia. (June 15, 1916, C. 148, § 6, 39 Stat. 228.) - § 93.90g. IEmblems and badges—Said CorpOra- tion shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now Or heretofore used by the BOy Scouts of America in carrying out its program, it be- ing distinctly and definitely understood, however, that nothing in this Act shall interfere or conflict with established Or wested rights. (June 15, 1916, c. 148, § 7, 39 Stat. 228.) § 93.90h. Reports—On or before the first day of April of each year the said Boy Scouts of America. shall make and transmit to Congress a report of its proceedings for the year ending December thirty- first preceding, including a full, complete, and itemiz- & 9390i (Tit. 59A EDUCATION AND EDUCATIONAL INSTITUTIONS [Page 1518] ed report of receipts and expenditures, of whatever kind. (June 15, 1916, c. 148, § 8, 39 Stat. 229.) § 93.90i. Reservation of power to repeal, al- ter, or amend act—Congress shall have the right to repeal, alter, or amend this Act at any time. (June 15, 1916, c. 148, § 9, 39 Stat. 229.) Chapter F-Vocational Education Sec. 93.90%a. Appropriations for co-operation with states and for Federal Board. 93.90%aa. Same; paying salaries of teachers of agricultural subjects; amounts; allotment of funds to States. 93.90%b. Same; paying salaries of teachers of trade, home economics, and industrial subjects; amounts; al- lotment of funds to States, 93.90%bb. Same; preparing teachers of agricultural subjects; amounts; allotment of funds to States. 93.90% c. Same; acceptance of benefits of appropriations by states; creation of state boards. 93.90% ce. Federal Board; members; chairman; terms of of- fice; salaries; co-operation with state boards; in- Vestigations; assistants. 93.90%d. Appropriation for investigations by Federal Board. 9390%dd. Plans and reports by state boards to be submitted - to Federal Board. 93.90%e. Expenditure of appropriations; expenses to be borne by States. 93.90% ee. Use by States of appropriations; for agricultural purposes; plans by State boards. 9390%.f. Same; for salaries of teachers of trade, home eco- nomics, and industrial subjects; plans by State boards. 93.90%g. Same; for training teachers of agricultural subjects; plans by State boards. 93.90%h. State custodians of funds appropriated. 93.90%i. Supervision of expenditures by states by Federal Board; quarterly payments to States. 93.90%j. Deductions from allotments when funds from preced- ing allotments have not been expended. 93.90%k. Withholding allotments. 93.90%l. Loss of funds; replacing; limitation on use. 93.90%m. Reports to Congress by Federal Board. 93.90%mm. Acceptance of benefits of appropriations by states whose legislatures failed to make acceptance. § 93.90%a. Appropriations for co-operation with states and for Federal Board—There is here- by annually appropriated, Out Of any money in the Treasury not otherwise appropriated, the sums pro- vided in sections two, three, and four of this Act, to be paid to the respective States for the purpose of cooperating with the States in paying the salaries of teachers, supervisors, and directors of agricultural subjects, and teachers of trade, home economics, and industrial subjects, and in the preparation of teachers of agricultural, trade, industrial, and home economics subjects; and the sum provided for in section seven for the use Of the Federal Board for VOcational Ed- ucation for the administration of this Act and for the purpose of making studies, investigations, and re- ports to aid in the organization and conduct of voca- tional education, which sums shall be expended as hereinafter provided. (Feb. 23, 1917, c. 114, § 1, 39 Stat. 929.) -- +. § 93.90%aa. Same; paying salaries of teachers of agricultural subjects; amounts; allotment of funds to states—For the purpose of cooperating with the States in paying the salaries of teachers, super- visors, or directors of agricultural subjects there is hereby appropriated for the use of the States, sub- ject to the provisions of this Act, for the fiscal year ending June thirtieth, nineteen hundred and eight- een, the sum of $500,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $750,000; for the fiscal year ending June thir- tieth, nineteen hundred and twenty, the sum of $1,- 000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $1,- 250,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-two, the sum of $1,- 500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $1,- 750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $2,- 000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-five, the sum of $2,- 500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, and annually there- after, the sum of $3,000,000. Said sums shall be al- lotted to the States in the proportion which their rural population bears to the total rural population in the United States, not including outlying posses- Sions, according to the last preceding United States CenSUS: Provided, That the allotment of funds to any State shall be not less than a minimum of $5,- 000 for any fiscal year prior to and including the fis- Cal year ending June thirtieth, nineteen hundred and tWenty-three, nor less than $10,000 for any fiscal year thereafter, and there is hereby appropriated the following sums, or so much thereof as may be nec- essary, which shall be used for the purpose of pro- Viding the minimum allotment to the States provid- ed for in this section: For the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $48,000; for the fiscal year ending June thir- tieth, nineteen hundred and nineteen, the sum of $34,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the Sum of $24,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $18,000 ; for the fiscal year ending June thirtieth, nineteen hun- dred and twenty-two, the sum of $14,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $11,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $9,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty- five, the sum of $34,000; and annually thereafter the §§ of $27,000. (Feb. 23, 1917, c. 114, § 2, 39 Stat. 930. - § 93.90%b. Same; paying salaries of teachers of trade, home economics, and industrial sub- jects; amounts; allotment of funds to states— For the purpose of cooperating with the States in paying the salaries of teachers of trade, home eco- nomics, and industrial subjects there is hereby appro- priated for the use of the States, for the fiscal year ending June thirtieth, nineteen hundred and eight- een, the sum of $500,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $750,000; for the fiscal year ending June thir- tieth, nineteen hundred and twenty, the sum of $1,- 000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-One, the Sum of $1,250,- 000; for the fiscal year ending June thirtieth, nine- teen hundred and twenty-two, the sum of $1,500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $1,750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $2,000,000; for the fiscal year ending June thirtieth, nineteen hun- dred and twenty-five, the sum of $2,500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, the sum of $3,000,000; and annually thereafter the sum of $3,000,000. Said sums shall be allotted to the States in the proportion which their urban population bears to the total urban pop- ulation in the United States, not including outlying possessions, according to the last preceding United States census: Provided, That the allotment of funds to any State shall be not less than a minimum of $5,000 for any fiscal year prior to and including the fiscal year ending June thirtieth, nineteen hundred and twenty-three, nor less than $10,000 for any fiscal year thereafter, and there is hereby appropriated the following sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section: For the fiscal year ending June thir- tieth, nineteen hundred and eighteen, the sum of $66,000; for the fiscal year ending June thirtieth, Ch. F) 2 9390%.cc EDUCATION AND EDUCATIONAL INSTITUTIONS [Page 1519 I nineteen hundred and nineteen, the Sum of $46,000; for the fiscal year ending June thirtieth, nineteen hun- dred and twenty, the sum of $34,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $28,000; for the fiscal year end- ing June thirtieth, nineteen hundred and twenty-two, the sum of $25,000; for the fiscal year ending June thir- tieth, nineteen hundred and twenty-three, the sum of $22,000; for the fiscal year ending June thirtieth, , nineteen hundred and twenty-four, the sum of $19,- 000 ; for the fiscal year ending June thirtieth, nine- teen hundred and twenty-five, the sum of $56,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, and annually thereafter, the sum of $50,000. - * That not more than twenty per centum of the mon- ey appropriated under this Act for the payment Of salaries of teachers of trade, home economics, and in- dustrial subjects, for any year, shall be expended for the salaries of teachers of home economics subjectS. (Feb. 23, 1917, c. 114, § 3, 39 Stat. 930.) § 93.90%bb. Same; preparing teachers of ag- ricultural subjects; amounts; allotment of funds to states—For the purpose of cooperating with the States in preparing teachers, supervisors, and direc- tors of agricultural subjects and teachers of trade and industrial and home economics subjects, there is hereby appropriated for the use of the States for the fiscal year ending June thirtieth, nineteen hun- dred and eighteen, the sum of $500,000; for the fis- cal year ending June thirtieth, nineteen hundred and nineteen, the sum of $700,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $900,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, and an- nually thereafter, the sum of $1,000,000. Said sums shall be allotted to the States in the proportion which their population bears to the total population. Of the United States, not including Outlying possessions, a C- cording to the last preceding United States census: Provided, That the allotment of funds to any State shall be not less than a minimum of $5,000 for any fiscal year prior to and including the fiscal year ending June thirtieth, nineteen hundred and nineteen, nor less than $10,000 for any fiscal year thereafter. And there is hereby appropriated the following Sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum al- lotment provided for in this section: For the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $46,000; for the fiscal year end- ing June thirtieth, nineteen hundred and nineteen, the sum of $32,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $24,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-One, and annually there- after, the sum of $90,000. (Feb. 23, 1917, c. 114, § 4, 39 Stat. 931.) § 93.90% c. Same; acceptance of benefits of ap- propriations by states; creation of state boards —In Order to secure the benefits of the appropria- tions provided for in sections two, three, and four of this Act, any State shall, through the legislative all- thority thereof, accept the provisions of this Act and designate or create a State board, consisting Of not less than three members, and having all necessary power to cooperate, as herein provided, with the Federal Board for VOCational Education in the ad- ministration Of the provisions Of this Act. The State board of education, or other board having charge of the administration of public education in the State, Or any State board having charge of the administra- tion. Of any kind Of VOCational education in the State may, if the State so elect, be designated as the State board, for the purposes of this Act. In any State the legislature of which does not meet in nineteen hundred and seventeen, if the gov- ernor Of that State, SO far as he is authorized to do SO, shall accept the provisions of this Act and desig- nate Or Create a State board of not less than three members to act in cooperation with the Federal Board for Vocational Education, the Federal board shall recognize such local board for the purposes of this Act until the legislature of such State meets, in due course and has been in session sixty days. Any State may accept the benefits of any one or more of the respective funds herein appropriated, and it may defer the acceptance Of the benefits Of any One Or more of such funds, and shall be required to meet Only the COnditions relative to the fund Or funds the benefits of which it has accepted: Provided, That after June thirtieth, nineteen hundred and twenty, no State shall receive any appropriation for salaries of teachers, supervisors, or directors of agricultural Sub- jects, until it shall have taken advantage of at least the minimum amount appropriated for the training of teachers, supervisors, or directors of agricultural subjects, as provided for in this Act, and that after Said date no State shall receive any appropriation for the Salaries of teachers of trade, home economics, and industrial subjects until it shall have taken advan- tage Of at least the minimum amount appropriated for the training of teachers of trade, home economics, and industrial subjects, as provided for in this Act. (Feb. 23, 1917, c. 114, § 5, 39 Stat. 931.) § 93.90% co. Federal Board; members; chair- man; terms of office; salaries; cooperation with state boards; investigations; assistants—A Fed- eral Board for Vocational Education is hereby cre- ated, to consist of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the United States Commissioner of Education, and three Citizens of the United States to be appointed by the President, by and with the advice and consent of the Senate. One of said three citizens shall be a repre- Sentative of the manufacturing and commercial in- terests, One a representative Of the agricultural in- terests, and One a representative of labor. The board Shall elect annually One Of its members as chairman. In the first instance, one of the citizen members shall be appointed for one year, one for tWO years, and One for three years, and thereafter for three years each. The members of the board Other than the members Of the Cabinet and the Unit- ed States Commissioner Of Education shall receive a salary of $5,000 per annum. - The board shall have power to COOperate with State boards in carrying out the provisions of this Act. It shall be the duty Of the Federal Board for VOCational Education to make, or cause to have made studies, investigations, and reports, with particular reference to their use in aiding the States in the establishment of VOcational schools and classes and in giving instruction in agriculture, trades and in- dustries, Commerce and commercial pursuits, and home economics. Such studies, investigations, and reports shall include agriculture and agricultural processes and requirements upon agricultural work- ers; trades, industries, and apprenticeships, trade and industrial requirements upon industrial Work- ers, and classification of industrial processes and pursuits; Commerce and Commercial pursuits and requirements upon commercial workers; home man- agement, domestic Science, and the study of related facts and principles; and problems of administration of vocational schools and Of courses of study and in- Struction in vocational Subjects. When the board deems it advisable such studies, investigations, and reports concerning agriculture, for the purposes of agricultural education, may be made in cooperation with or through the Depart- ment of Agriculture; such studies, investigations, and reports concerning trades and industries, for the purposes of trade and industrial education, may be made in cooperation with or through the Depart- ment of Labor; such studies, investigations, and re- % 8890%ec (Tit. 59A EDUCATION AND EDUCATIONAL INSTITUTIONS IPage 1520I - ports Concerning commerce) and commercial pur- Suits, for the purposes of commercial education, may be made in cooperation. With or through the Depart- ment of Commerce; such studies, investigations, and reports concerning the administration of Vocational Schools, courses Of Study and instruction in VOCa- tional subjects, may be made in Cooperation with or through the Bureau of Education. - The Commissioner Of Education may make such recommendations to the board relative to the ad- ministration of this Act as he may from time to time deem advisable. It shall be the duty of the chairman of the board to carry out the rules, regula- tions, and decisions which the board may adopt. The Federal Board for VOCational Education shall have power to employ such assistants as may be necessary to carry Out the provisions of this Act. (Feb. 23, 1917, c. 114, § 6, 39 Stat. 932.) . . § 93.90%d. Appropriation for investigations Toy Federal Board—There is hereby appropriated to the Federal Board for Vocational Education the sum Of $200,000 annually, to be available from and after the passage Of this Act, for the purpose of making Or Cooperating in making the Studies, investigations, and reports provided for in section six of this Act, and for the purpose of paying the salaries Of the Officers, the assistants, and such Office and Other eX- penses as the board may deem necessary to the execution and administration of this Act. (Feb. 23, 1917, c. 114, § 7, 39 Stat. 933.) § 93.90%dd. Plazas and reports by state boards to be submitted to Federal Board—In order to se- Cure the benefits of the appropriation for any pur- pose specified in this Act, the State board shall pre- pare plans, showing the kinds of vocational education for which it is proposed that the appropriation shall be used; the kinds of schools and equipment; courses of study; methods of instruction; qualifications of teachers; and, in the Case of agricultural Subjects the qualifications of supervisors or directors; plans for the training of teachers; and, in the case of agricultural subjects, plans for the Supervision of agricultural education, as provided for in section ten. Such plans shall be submitted by the State board to the Federal BOard for Vocational Educa- tion, and if the Federal board finds the same to be in conformity with the provisions and purposes of this Act, the same shall be approved. The State board shall make an annual report to the Federal Board for Vocational Education, on or before Sep- tember first Of each year, On the WOrk done in the State and the receipts and expenditures of money under the provisions of this Act. (Feb. 23, 1917, c. 114, § 8, 39 Stat. 933.) r § 93.90%e. Expenditure of appropriations; ex- penses to be borne by States—The appropriation for the salaries of teachers, supervisors, or direc. tors of agricultural subjects and Of teachers of trade, home economics, and industrial Subjects shall be de- voted exclusively to the payment of salaries of such teachers, supervisors, or directors having the mini- mum qualifications set up for the State by the State board, with the approval of the Federal Board for Vocational Education. The cost of instruction sup- plementary to the instruction in agricultural and in trade, home economics, and industrial Subjects provided for in this Act, necessary to build a well- rounded course of training, shall be borne by the State and local communities, and no part of the cost thereof shall be borne out of the appropriations herein made. The moneys expended under the pro- visions of this Act, in cooperation with the States, for the salaries of teachers, supervisors, or direc- tors. Of agricultural Subjects, or for the Salaries Of teachers of trade, home economics, and industrial Subjects, shall be conditioned that for each dollar of Federal money expended for such salaries the State or local community, or both, shall expend an equal amount for such salaries; and that appropria- tions for the training Of teachers of vocational sub- jects, as herein provided, shall be conditioned that Such money be expended for maintenance Of Such training and that for each dollar of Federal money SO expended for maintenance, the State or local Com- munity, or both, shall eXpend an equal amount Lor the maintenance of such training. (Feb. 23, 1917, C. 114, § 9, 39 Stat. 933.) - § 93.90% ee. Use by States of appropriations; . for agricultural purposes; plans by State boards —Any State may use the appropriation for agricultu- ral purposes, Or any part thereof allotted to it, under the provisions of this Act, for the salaries of teach- ers, Supervisors, Or directors Of agricultural Subjects, either for the salaries of teachers. Of Such subjects in Schools or classes or for the salaries of supervisors Or directors of such subjects under a plan of super- Vision for the State to be set up by the State board, With the approval of the Federal Board for Vocation- al Education. That in Order to receive the benefits Of Such appropriation for the salaries of teachers, Supervisors, or directors of agricultural subjects the State board of any State shall provide in its plan for agriculturation education that such education shall be that which is under public Supervision or control; that the controlling purpose of such, education shall be to fit for useful employment; that such education shall be of less than College grade and be designed to meet the needs of persons over fourteen years Of age who have entered upon or who are preparing to enter upon the work Of the farm or of the farm home; that the State Or local Community, or both, Shall provide the necessary plant and equipment de- termined upon by the State board, with the ap- proval of the Federal Roard for Vocational Educa- tion, as the minimum requirement for such education in Schools and classes in the State; that the amount expended for the maintenance of Such education in any School Or Class receiving the benefit Of Such ap- propriation shall be not less annually than the amount fixed by the State board, with the approval of the Federal board as the minimum for Such Schools or classes in the State; that such Schools Shall provide for directed or Supervised practice in agriculture, either on a farm provided for by the school or other farm, for at least six months per year; that the teachers, supervisors, or directors Of agricultural subjects shall have at least the mini- mum qualifications determined for the State by the State board, with the approval of the Federal Board for Vocational Education. (Feb. 23, 1917, c. 114, § 10, 39 Stat. 934.) - § 939044f. Same; for salaries of teachers of trade, home economics, and industrial subjects; plans by State boards—In order to receive the ben- efits of the appropriation for the salaries of teachers of trade, home economics, and industrial Subjects the State board of any State shall provide in its plan for trade, home economics, and industrial education that such education shall be given in Schools Or Classes un- der public supervision or control; that the controlling purpose of such education shall be to fit for useful employment; that such education shall be of less than college grade and shall be designed to meet the needs of persons over fourteen years of age who are prepar- ing for a trade or industrial pursuit or who have en- tered upon the work of a trade or industrial pursuit; that the State Or local Community, Or both, shall pro- vide the necessary plant and equipment determined upon by the State board, with the approval of the Federal Board for Vocational Education, as the mini- mum requirement in such State for education for any given trade or industrial pursuit; that the total amount expended for the maintenance of such educa- tion in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of Ch. F) 3 939.0%mm EDUCATION AND EDUCATIONAL INSTITUTIONS IPage 1521] the Federal board, as the minimum for such schools or classes in the State; that such schools or classes giving instruction to persons who have not entered upon employment shall require that at least half of the time of such instruction be given to practical work On a useful or productive basis, such instruction to extend Over not less than nine months per year and not less than thirty hours per Week; that at least One-third of the sum appropriated to any State for the salaries of teachers of trade, home economics, and industrial subjects shall, if expended, be applied to part-time schools or classes for workers over fourteen years of age who have entered upon employment, and such subjects in a part-time school or class may mean any subject given to enlarge the Civic or vocational intelligence of such workers over fourteen and less than eighteen years of age; that such part-time schools or classes shall provide for not less than one hundred and forty-four hours of class-room instruction per year; that evening industrial schools shall fix the age Of sixteen years as a minimum entrance requirement and shall confine instruction to that which is supple- mental to the daily employment; that the teachers of any trade or industrial Subject in any State shall have at least the minimum qualifications for teachers of such subject determined upon for such State by the State board, with the approval of the Federal Board for-Wocational Education: Provided, That for cities and towns of less than twenty-five thousand popula- tion, according to the last preceding United States Census, the State board, with the approval Of the Fed- eral Board for Vocational Education, may modify the COnditions as to the length. Of Course and hours Of instruction per week for schools and classes giving instruction to those who have not entered upon em- ployment, in Order to meet the particular needs of such º and towns. (Feb. 23, 1917, c. 114, § 11, 39 Stat. 934. § 93.90%g. Same; for training teachers of ag- ricultural subjects; plans by State boards—In Or- der for any State to receive the benefits of the ap- propriation in this Act for the training of teachers, Supervisors, or directors of agricultural subjects, or of teachers of trade, industrial Or home economics Sub- jects, the State board of such State shall provide in its plan for such training that the Samre shall be car- ried Out under the Supervision of the State board; that Such training shall be given in Schools or classes un- der public supervision or control; that such training shall be given only to persons who have had adequate VOCational experience Or Contact in the line of work for Which they are preparing themselves as teachers, Supervisors, or directors, or who are acquiring such experience Or Contact as a part of their training; and that the State board, with the approval of the Federal board, shall establish minimum requirements for such experience or contact for teachers, supervisors, or di- rectors of agricultural Subjects and for teachers of trade, industrial, and home economics subjects; that not more than sixty per centum nor less than twenty per Centum Of the money appropriated under this Act for the training of teachers of vocational subjects to any State for any year shall be expended for any one Of the following purposes: . For the preparation of teachers, supervisors, or directors of agricultural sub- jects, or the preparation of teachers of trade and in- dustrial subjects, or the preparation of teachers of home economics subjects. (Feb. 23, 1917, c. 114, § 12, 39 Stat. 935.) § 93.90%h. State custodians of fumds appro- priated-In order to secure the benefits of the ap- propriations for the salaries of teachers, supervisors, Or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial Subjects, or for the training of teachers as herein pro- vided, any State shall, through the legislative author- ity thereof, appoint as custodian for said appropria- tions its State treasurer, who shall receive and provide COMP. S.T.’18–96 for the proper custody and disbursements of all money paid to the State from said appropriations. (Feb. 23, 1917, c. 114, § 13, 39 Stat. 935.) - § 93.90%i. Supervision of expenditures by states by Federal Board; quarterly payments to States—The Federal Board for Vocational Educa- tion shall annually ascertain whether the Several States are using, Or are prepared to use, the money received by them in accordance with the provisions of, this Act. On or before the first day of January of each year the Federal Board for Vocational Education shall certify to the Secretary of the Treasury each State which has accepted the provisions of this Act and complied there with, certifying the amounts which each State is entitled to receive under the provisions of this Act. Upon such certification the Secretary of the Treasury shall pay quarterly to the custodian for VOCational education of each State the moneys to which it is entitled under the provisions of this Act. The moneys SO received by the custodian for VOCation- al education for any State shall be paid Out On the requisition of the State board as reimbursement for expenditures already incurred to such schools as are approved by said State board and are entitled to re- ceive such moneys under the provisions of this Act. (Feb. 23, 1917, c. 114, § 14, 39 Stat. 935.) - § 93.90%j. Deductions from allotments when funds from preceding allotments have not been expended—Whenever any portion of the fund an- nually allotted to any State has not been expended for the purpose provided for in this Act, a sum equal to such portion shall be deducted by the Federal board from the next succeeding annual allotment from such fund to such State. (Feb. 23, 1917, c. 114, § 15, 39 Stat. 936.) § 93.90%k. Withholding allotments—The Fed- eral Board for Vocational Education may withhold the allotment of moneys to any State Whenever it shall be determined that such moneys are not be- ing expended for the purposes and under the condi- tions Of this Act. If any allotment is withheld from any State, the State board Of Such State may appeal to the COngress of the United States, and if the Congress shall not direct such sum to be paid it shall be covered into the Treasury. (Feb. 23, 1917, c. 114, § 16, 39 Stat. 936.) - - - § 93.90%l. Loss of funds; replacing; limita- tion on use—If any portion of the moneys received by the custodian for vocational education of any State under this Act, for any given purpose named in this Act, shall, by any action Or COntingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for Such education shall be paid to Such State. No por- tion of any moneys appropriated under this Act for the benefit of the States shall be applied, directly Or indirectly, to the purchase, erection, preservation, Or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the Sup- port of any religious or privately owned or conducted School or college. (Feb. 23, 1917, c. 114, § 17, 39 Stat. 936.) . § 93.90%m. Reports to Congress by Federal Board–The Federal Board for WOcational Education shall make an annual report to Congress, On Or be- fore December first, on the administration of this Act and shall include in such report the reports made by the State boards on the administration of this Act by each State and the expenditure of the money allotted to each State. (Feb. 23, 1917, c. 114, § 18, 39 Stat. 936.) § 93.90%mm. Acceptance of benefits of appro- priations by states whose legislatures failed to make acceptance—In any State the legislature Of which met in nineteen hundred and Seventeen and failed for any reason to accept the provisions of the vocational education Act, as provided in Section five 3 9391 (Tit. 59B NATIONAL TRAINING SCHOOLS [Page 1522I Of Said Act, if the governor of that State, So far as he is authorized to do so, shall accept the provisions of Said Act and designate or create a State board of not less than three members to act in cooperation. With the Federal Board for Vocational Education and shall designate the State treasurer as Custodian for all moneys allotted to that State under Said Act, the Federal board shall, if such legislature took no ad- Verse action on the acceptance of said Act in nine- teen hundred and seventeen, recognize such State board for the purposes of said Act until the legisla- ture Of that State meets in regular session in due TITLE LIX B–NATIONAL TRAINING SCHOOLS Sec. Chap. . 9391 A. National Training School for Boys. . . . . . . . . . . . . Course and has been in Session sixty days. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 345.) - j Chap. Sec. B. National Training School for Girls..... . . . . . . . . . 9413 Chapter A–National Training School for Boys Sec. 9391. Reform school of the District of Columbia designated National Training School for Boys. 9392. Board of trustees; appointment; president. 93.93. Same; Commissioner of District to be trustee. 9394. Same; corporate capacity and powers. 9395. Superintendent and other employés. 9396. Treasurer; bond; duties. 9397. Superintendent’s bond. 9398. Powers and duties of superintendent and subordinate Officers. 93.99. Duties of superintendent as to Iands and other prop- erty; books of account; register of boys. 9400. Report by officers to Commissioners of District. 94.01. Disposition of proceeds of farm and shops. 9402. Boys committed; commitment by court or judge, or by president of board of trustees. 9403. Period of detention. - Number of boys limited to number that can be prop- erly accommodated. 9405. Enticing boy from school or harboring escaped boy; arrest and return. 9406. Employment and instruction of boys; indentures. apprenticing; 9407. Release on parole of juvenile offenders committed. 9408. Board of trustees authorized to parole. 9409. Support of boys sent to school by District. 9409a. Same. 940.9b. Same. 9410. Contracts and purchases for; president of board its ex- ecutive officer; annual reports. 9411. By-laws, rules, and regulations. 9412. Consulting trustees. - § 9391. Reform School of the District of Co- lumbia designated National Training School for Boys—From and after the passage of this Act the Reform School of the District of Columbia shall be known and designated as the National Training School for Boys. (May 27, 1908, c. 200, § 1, 35 Stat. 380.) § 93.92. Board of trustees; appointment; president—The institution known as the Reform- School of the District of . Columbia shall be in the charge of, and governed and managed by, a board of Seven trustees, who shall be appointed by the President of the United States, upon the recommendation of the Attorney-General, each for the term of three years, but in such a manner that the terms of not more than three of them shall expire within any one or the same year ; president of the board, whose duty shall be prescrib- ed by the board. (May 3, 1876, c. 90, § 1, 19 Stat. 49.) IProvisions of this act not inconsistent are made applica- ble to the Training School for Girls by § 94.19. § 93.93. Same; Commissioner of District to be trustee—One of the Commissioners of the District of Columbia, to be selected by the Board of Commis- sioners, shall be a trustee, with all the powers, priv- ileges, and duties of Other trustees of said Reform School. (June 4, 1880, c. 121, 21 Stat. 156.) § 9394. Same; corporate capacity and pow- ers—The board of trustees shall be a Corporation by the name Of the “Board Of Trustees of the Reform- School of the District of Columbia,” for the purpose Of taking and holding, in trust for the United States property of every description which has been pur- chased, appropriated, or set apart for the use of the institution, or Which may hereafter be purchas- Reformſ-School. that Cne of the trustees shall be elected ed, appropriated, or set apart for its use, or given Or bequeathed to it, or to the said board, for its use, with all power necessary to carry this purpose into effect, and to protect and preserve such property, in- cluding the land and buildings, fences, stock, fruit, Crops, and trees of all kinds. (May 3, 1876, c. 90, § 2, 19 Stat. 49.) - § 9395. Superintendent and other employés— The board of trustees may appoint a superintendent, tWO Or more teachers or assistants, and a matron Whose Salaries are fixed by law; they may also em- ploy tWO or more master-mechanics, a farmer, a gardner, and such other persons, as servants and la- borers, as may be necessary, and fix their compensa. tion, Subject to the approval of the Attorney Gen eral. (May 3, 1876, c. 90, § 3, 19 Stat. 49.) § 9396. Treasurer; borld; duties—The board of trustees shall appoint a treasurer, who shall, before entering upon the duties of his office, give a bond to the United States with two or more sureties, to be approved by the First Comptroller of the Treasury, in the sum of twenty thousand dollars, or a larger Sum, at the option of the said Comptroller, condi- tioned that he shall faithfully account for all the money received by him as treasurer; and it shall be his duty to keep a clear and full record of his ac- Counts as treasurer, and report an abstract Of the same to the board Of trustees Once in every two months, and shall also make an annual report to the board of trustees. (May 3, 1876, c. 90, § 4, 19 Stat. 49.) § 9397. Superintendent’s bond—Before entering upon the duties of his office, the Superintendent shall give a bond to the board of trustees, with Sureties, to be approved by the Attorney General of the Unit- ed States, in the sum of three thousand dollars, Con- ditioned that he shall faithfully account for all mon- ey received by him, and faithfully perform all the duties incumbent on him as Superintendent of said (May 3, 1876, c. 90, § 5, 19 Stat. 50.) § 9398. Powers and duties of superintendent and subordinate officers—The Superintendent shall reside at the institution constantly and that he, with Such subordinate officers as may be appointed in ac- Cordance With the third Section Of this act, Shall have the charge and custody of the boys; shall govern them in accordance with such rules and regulations as the board Of trustees may prescribe in its by- laws; Shall employ them in agricultural, mechanical or other labor; shall give them instruction in read- ing, Writing, arithmetic, geography, and such other Studies and in such arts and trades as the trustees may direct; and shall employ such methods of disci- pline as will, as far as possible, reform their char- acters, preserve their health, promote regular im- provement in their studies and employments, and Se- Cure in them fixed habits of religion, morality, and in- dustry. (May 3, 1876, c. 90, § 6, 19 Stat. 50.) § 93.99. Duties of superintendent as to lands and other property; books of account; register. of boys—The Superintendent shall have charge of the lands, buildings, furniture, tools, implements, stock, Ch. A) 3 9408 NATIONAL TRAINING SCHOOLS provisions, and every other species of property per- taining to the institution, within the precincts there- of, under the board of trustees, including the farm in possession of the board where the school was first located; and he shall keep in suitable books, regu- lar and complete accounts of all his receipts and expenditures, and of all the property intrusted to him, so as to show clearly the income and expenses Of the institution; and he shall account, in such man- ner as the trustees may prescribe, for all the money received by him from the proceeds of the institution Or Otherwise; and he shall keep a register of the InameS and ages Of all boys Committed to the institu- tion, with the dates of their admission and discharge, and Such particulars of their history before and after leaving the institution as he can obtain. - His books and all documents relating to the Re- form-School shall at all times, be open to the in- Spection of the trustees, who shall, once or more in eVery month, carefully examine his accounts, and the VOuchers and documents connected therewith, and make a record of the result of such examination; and, Once in every three months, the institution shall be thoroughly examined in all its departments by three or more of the trustees, and a report of such examination shall be made to the board. (May 3, 1876, c. 90, § 7, 19 Stat. 50.) --- - - - - § 9400. Report by officers to Commissioners of District—Hereafter the Officers of the Reform School Shall at the end of each fiscal year make a report to the COmmissioners of the District of Columbia, which Shall embrace a full and complete inventory of all the personal property in detail, the number of em- ployés, and number of days each is employed during the year and price paid each, and the amount of gar- den, field, and other products produced, together with the disposition made of said personal property, pro- ducts, and so forth. (March 3, 1881, c. 134, § 1, 21 Stat. 50.) - § 9401. Disposition of proceeds of farm and shops—Hereafter the proceeds of farm and shops shall be covered back into the Treasury, to be divid- ed equally between the District of Columbia and the United States. (Aug. 6, 1890, c. 724, § 1, 26 Stat. 307.) § 9402. Boys committed; commitment by court or judge, or by president of board of trus- tees—Whenever any boy under the age of seventeen years shall be brought before any court of the Dis- trict of Columbia, or any Judge of such court, and shall be convicted Of any Crime Or misdemeanOr pun- ishable by fine or imprisonment, Other than imprison- ment for life, such court or Judge, in lieu of sentenc- ing him to imprisonment in the COUnty jail, Or fining him, may commit him to the Reform School, to re- main until he shall arrive at the age of twenty-one years, unless sooner discharged by the board of trus- tees. And the judges Of the Criminal and police Courts of the District of Columbia shall have power to commit to the Reform School, first, any boy un- der Seventeen years Of age who may be liable to pun-. ishment by imprisonment under any existing law of the District of Columbia, or any law that may be enacted and in force in Said District ; second, any boy under seventeen years of age, with the consent of his parent or guardian, against Whom any charge of committing any crime or misdemeanor shall have been made, the punishment of which, on conviction, would be confinement in jail or prison ; third, any boy under seventeen years of age who is destitute of a suitable home and adequate means of obtaining an honest living, Or Who is in danger of being brought up, Or is brought up, to lead an idle or Vicious life; fourth, any boy under seventeen years of age who is incorrigible, or habitually disregards the commands Of his father Or mother, or guardian, who leads a vagrant life, or resorts to immoral places or prac- tices, or neglects or refuses to perform labor suitable [Page 1523] to his years and condition, or to attend school. And the president of the board of trustees may also com- mit to the Reform School such boys as are mentioned in the foregoing third and fourth classes upon ap- plication or complaint in writing of a parent, or guardian, Or relative having charge of Such boy, and Upon such testimony in regard to the facts stated as shall be satisfactory to him ; and for taking testi- mony in Such cases, he is hereby empowered to ad- minister oaths. (May 3, 1876, c. 90, § 8, 19 Stat. 50, amended June 5, 1900, c. 715, 31 Stat. 266.) § 9403. Period of detention—Every boy sent to the Reform School shall remain until he is twenty- One years of age, unless Sooner discharged or bound as an apprentice. (May 3, 1876, c. 90, § 9, 19 Stat. 51, amended, June 5, 1900, c. 715, 31 Stat. 267.) § 9404. Number of boys limited to number that can be properly accommodated—Whenever there shall be as large a number of boys in the School as Can be properly accommodated, it shall be the duty Of the president of the board of trustees to give notice to the criminal and police courts of the fact, Whereupon no boys shall be sent to the schools by the said Courts until notice shall be given them by the president of the board that more can be receiv- ed. (May 3, 1876, c. 90, § 10, 19 Stat. 51.) $ 9.405. Enticing boy from school or harbor- ing escaped boy; arrest and return—If any per- son shall entice, or attempt to entice, away from Said School any boy legally committed to the same, Ol' shall harbor, conceal, or aid in harboring or conceal- ing any boy who shall have escaped from said school, such person shall, upon conviction thereof, be deem- ed guilty Of a misdemeanor, and shall pay a fine Of. not less than ten or more than one hundred dollars, which shall be paid to the treasurer of the board of trustees; and any policeman shall have power, and it is hereby made his duty, to arrest any boy, when in his power so to do, who shall have escaped from said school, and return him thereto. (May 3, 1876, c. 90, § 11, 19 Stat. 51.) - § 94.06. Employment and instruction of boys; apprenticing; indentures—The trustees shall have full power to place any boy committed as herein de- scribed, during his minority, at Such employment and cause him to be instructed in such branches of useful knowledge, as may be Suitable to his years and Ca- pacity, as they may see fit; and they may, With the consent of any such boy, bind him out as an appren- tice during his minority, or for a shorter period, to learn such trade and employment as in their judg- ment will tend to his future benefit; and the presi- dent Of the board shall, for Such purpose, have power to execute and deliver, On behalf Of the Said board, indentures of apprenticeship for any Such boy; and Such indentures shall have the same force and ef- fect as Other indentures Of apprenticeship under the laws Of the District Of Columbia, and be filed and kept among the records in the office of the Reform- School and it shall not be necessary to record Or file them elsewhere. (May 3, 1876, c. 90, § 12, 19 Stat. 51.) § 94.07. Release on parole of juvenile offen- ders committed—Every male juvenile offender Who is now or may hereafter be committed to the National Training School for Boys, and who has by his Con- duct given sufficient evidence that he has reformed, may be released on parole as hereinafter provided. (Feb. 26, 1909, c. 217, § 1, 35 Stat. 657.) § 9408. Board of trustees authorized to pa- role--If it shalk appear to the satisfaction Of the board of trustees Of Said School that there is reason- able probability that any boy detained in the said school will, if conditionally released, remain at lib- erty without violating the laws, then said board of trustees may in its discretion parole such boy under such conditions and regulations as the said board of trustees may deem proper: Provided, That the pa- & 9409. (Tit. 59B NATIONAL TRAINING SCHOOLS role of all Such juvenile Offenders Committed by CourtS Other than those Of the District Of Columbia. shall be subject to the approval of the Attorney-Gen- eral of the United States. (Feb. 26, 1909, c. 217, § 2, 35 Stat. 657.) § 9409. Support of boys sent to school by Tºistrict—For the support of the boys sent to the Re- form-School, as hereinbefore mentioned the District Of Columbia shall pay to the board of trustees two dollars for each boy per week; and it shall be the duty Of the Superintendent to make Out and render to the proper Officers monthly accounts at the close of each month for the support of the boys in said school, which shall be paid on demand ; and, if not paid within ten days from the time the account is present- ed, shall draw interest at the rate of One per centum per month until paid. Stat. 51.) § 9409a. Same—On and after June thirtieth, nineteen hundred and fourteen, the per capita cost Of persons Committed from the District of Columbia and maintained in the National Training School for Boys shall be fixed at a rate not less than $4.50 per Week for each person. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 657.) . § 940.9b. Same—National Training School for Boys: * * The per capita cost of persons commit- ted from the District of Columbia and maintained in the Said School hereafter shall not be less than the actual per Capita Cost of such maintenance. (March 28, 1918, c. 28, § 1, 40 Stat.) - § 9410. Contracts and purchases for; pres- ident of board its executive officer; annual re- Ports-All contracts and purchases made for or on ac- Count of the institution shall be made in the name of the board and by whomsoever the board may direct. The president of the board shall be its executive of— ficer, and it shall be his duty to make an annual re- port to the Attorney General, to be accompanied by the annual report of the superintendent and treasurer. (May 3, 1876, c. 90, § 14, 19 Stat. 51.) - § 941 i. By-laws, rules, and regulations—The board of trustees may make such by-laws, rules, and regulations for their own and the government of the institution, its officers, employés, and inmates, as they may deem necessary and proper. (May 3, 1876, c. 90, § 15, 19 Stat. 52.) § 94.12. Consulting trustees—Two consulting trustees Shall be appointed, namely, One Senator of the United States, by the presiding officer of the Sen- ate, for the term of four years, and one member of the House of Representatives, by the Speaker thereof, for the term of two years. (May 3, 1876, c. 90, § 16, 19 Stat. 52.) Chapter B–National Training School Sec. for Girls 9413. Reform School for Girls designated as National Train- ing School for Girls. 9414. Board of trustees; incorporation. 9415. Corporate powers; property. 9416. Powers of board of trustees. 9417. Officers and employés; appointment; compensation. 9418. By-laws, rules, and regulations. .94.19. Provisions relating to Reform School applicable. 9420. Girls committed; commitment by court or judge, or by president of board of trustees. 9421. Period of detention. 94.22. By-laws, rules, and regulations; release of girls. 9423. Release on parole of juvenile offenders committed. 9424. Board of trustees authorized to parole. 9425. Organization of board of trustees; president; terms of Office; appointment of successors. 94.26. Right to amend or repeal act. § 9413. Reform School for Girls designated as National Training School for Giris—From and after the passage of this Act the Reform School for Girls of the District of Columbia shall be known and designated as the National Training School for Girls. (June 26, 1912, c. 182, § 1, 37 Stat. 171.) [Page 1524] (May 3, 1876, c. 90, § 13, 19 § 9414. Board of trustees; incorporation— That Samuel S. Shella barger, Augustus S. Worthing- ton, Adoniram J. Huntington, William C. Dodge, Mills Dean, Owen G. Staples, James E. Fitch, Thomas P. Morgan, and Alexander Graham Bell, and their suc- CeSSOrs, be, and they are hereby, created a body cor- porate to be known as the Board of Trustees of the Girl’s Reform School of the District of Columbia. (July 9, 1888, c. 595, § 1, 25 Stat. 245.) § 94.15. Corporate powers; property—Said cor- poration is hereby authorized and empowered to es- tablish and maintain a reform school for girls at any place within the District of Columbia, subject to the approval of the Commissioners thereof, and for that purpose may take and receive by gift, grant, or de- Wise, such real estate and personal property as may be necessary for the purposes of said corporation: Pro- Vided, That at the dissolution of said corporation, or if it should cease for the space of six months to main- tain a reform school for girls, all the property, real and personal, of said corporation shall vest in the United States. (July 9, 1888, c. 595, § 2, 25 Stat. 245.) § 9416. Powers of board of trustees—The said board of trustees shall have the same power and au- thority in relation to girls as the board of trustees Of the Reform School Of the District Of Columbia now possess in relation to boys. (July 9, 1888, c. 595, $ 3, 25 Stat. 246.) - § 94.17. Officers and employés; appointment; compensation—Said board of trustees shall have au- thority to appoint such officers, agents, teachers, and Other employés as may be necessary, and fix the rate Of Compensation Of the same, subject to the approval Of the Commissioners of the District Of Columbia. (July 9, 1888, c. 595, § 4, 25 Stat. 246.) - § 9418. By-laws, rules, and regulations—The said board Of trustees shall have authority to make such by-laws and rules and regulations as shall be necessary for the government Of the Officers, teachers, employés, and inmates of the school, and from time to time alter, amend, and change the same. (July 9, 1888, c. 595, § 5, 25 Stat. 246.) § 94.19. Provisions relating to Reform School applicable—All the sections of the act of May third, eighteen hundred and seventy-six, entitled, “An act revising and amending the various acts establishing and relating to the Reform School of the District of Columbia,” not in Consistent With the provisions Of this act, are hereby made applicable to the Reform School for Girls of the District of Columbia, except the Word “girls” shall be understood wherever the word “boys” occur in said act, and the words “eighteen years” wherever the words “sixteen years” occur. (July 9, 1888, c. 595, § 6, 25 Stat. 246.) See §§ 9392, 9394-9399, 9402, 9406, 9409-9412. § 9420. Girls committed; commitment by court or judge, or by president of board of trustees— Whenever any girl under the age of seventeen years shall be brought before any court of the District of Co- lumbia. Or any judge of such court, and shall be convict- ed of any Crime or misdemeanor punishable by fine or imprisonment other than imprisonment for life, such court or judge, in lieu of sentencing her to imprison- ment in the County jail or fining her, may commit her to the Reform School for Girls, to remain until she shall arrive at the age of twenty-One years unless Sooner discharged by the board Of trustees. And the judges of the criminal and police courts of the Dis- trict of Columbia Shall have power to Commit to the Reform School for Girls, first, any girl under seven- teen years of age who may be liable to punishment by imprisonment under any existing law of the Dis- trict of Columbia or any law that may be enacted and in force in said District; second, any girl under Seventeen years of age, with the consent of her parent or guardian, against whom any charge of crime or Imisdemeanor shall have been made, upon probable cause shown to the satisfaction of the court; third, Ch. 1) & 9427 PATENTS & [Page 1525] rººt. any girl under seventeen years of age who is destitute of a Suitable home and adequate means of obtaining an honest living or who is in danger of being brought up, or is brought up, to lead an idle or vicious life; fourth, any girl under seventeen years of age who is incorrigible or habitually disregards the commands of her father or mother or guardian, who leads a va- grant life, or resorts to immoral places or practices, or neglects or refuses to perform labor suitable to her years and Condition or to attend School. And the president of the board of trustees may also Commit to the Reform School for Girls such girls as are mention- ed in the foregoing third and fourth Classes upon ap- plication or Complaint, in writing, of a parent or guardian or relative having charge of such girl, and upon such testimony in regard to the facts stated as shall be satisfactory to him ; and for taking testi- mony in such cases he is hereby empowered to admin- ister oaths. (May 3, 1876, c. 90, § 8, 19 Stat. 50, amended, Feb. 25, 1901, c. 478, 31 Stat. 809.) § 9421. Period of detention—Every girl sent to the Reform School for Girls shall remain until she is twenty-one years of age unless sooner discharged Or bound as an apprentice. (May 3, 1876, c. 90, § 9, 19 Stat. 51, amended, Feb. 25, 1901, c. 478, 31 Stat. 809.) § 9422. By-laws, rules, and regulations; re- lease of girls—The board of trustees may-make Such by-laws, rules, and regulations for their own govern- ment and that of the institution, its officers, employés, and inmates, the employment, discipline, instruction, education, removal, and absolute, temporary, or condi- tional release of all girls Committed to the school as they may deem necessary and proper and as are not contrary to the Constitution and to the laws of the 3District of Columbia. (May 3, 1876, c. 90, § 15, 19 Stat. 52, amended, Feb. 25, 1901, c. 478, 31 Stat. 809.) president; § 9423. Release on parole of juvenile offend- ers committed—Every female juvenile offender who is now or may hereafter be committed to the Reform School for Girls of the District of Columbia, and who has by her conduct given sufficient evidence that she has reformed, may be released on parole as herein- º provided. (April 15, 1910, c. 164, § 1, 36 Stat. 300.) § 9424. Board of trustees authorized to pa- role—If it shall appear to the satisfaction of the board of trustees of said school that there is reasonable probability that any girl detained in the said school will, if conditionally released, remain at liberty with- Out violating the laws, then said board of trustees may, in its discretion, parole such girl under such con- ditions and regulations as the said board Of trustees may deem proper: Provided, That the parole of all such juvenile offenders committed by courts other than those of the District of Columbia shall be sub- ject to the approval of the Attorney-General of the United States. (April 15, 1910, c. 164, § 2, 36 Stat. 300.) § 9425. Organization of board of trustees; terms of office; appointment of suc- cessors—Within thirty days after this act is passed said trustees shall meet and Organize by electing a president ; and they shall draw lots and decide the length of service of said trustees. Three of said trus- tees shall serve for one year, three for two years, and three for three years, and their successors in office shall be appointed in like manner as the trustees of the Reform School Of the District Of Columbia are now appointed. (July 9, 1888, c. 595, § 7, 25 Stat. 246.) § 94.26. Right to amend or repeal act—Con- gress shall have the right to alter, amend, Or repeal this act at any time. (July 9, 1888, C. 595, § 8, 25 Stat. 246.) TITLE LX—PATENTS, TRADE-MARKS, AND COPYRIGHTS Chap. Sec. 1. Patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9427 2. Trade - marks e tº e º e º e s tº e so º e º ºs e º & e º is sº e º e º e º ſº ſº e º & e º 'º 9485 Chap. Sec. 3. Copyrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9517 Chapter One—Patents 9427. How issued, attested, and recorded. 9428. Contents and duration. 9429. Time of issue; payment of final fee. Keeping secret inventions, and withholding grant dur- ing war; inventions abandoned, when ; compensation for use of inventions tendered to Government. 9430. Inventions patentable. 9431. Inventions previously patented abroad. 9432. Application, description, specification, and claim. 9433. Drawings. • , 9434. Specimens of ingredients. 9435. Model. 9436. Oath of applicant. 9437. Examination and issuing. 9438. Time of completing application. 9438a. Extension of time for filing application; period granted. 9438b. Same; persons who may take advantage of. 9438c. Same; defaults within scope of. - 9439. Granted to assignee. 9440. Death or insanity of inventor or person making discov- ery. 9441. To government officers for inventions used in public service. 9442. Representation of heads of Departments requesting eX- pedition of patents. 9443. Renewal of application in cases of failure to pay fees in Season. 9444. Assignments. 9445. Use or sale by persons purchasing of inventor, before application. 9446. Patented articles marked as such. 9447. Falsely marking or labeling articles. $448. Notice of rejection of claim. 9449. Interferences. 9450. Affidavits and depositions. 9451. Subpoenas to Witnesses. 9452. Witness fees. 9453. Failing to attend or refusing to testify. 9454. Aº from primary examiners to examiners-in- chief. 9455. Same; from examiners-in-chief to Commissioner. 9456. Same; from Commissioner. 9457. Same; notice. 9458. Same; proceedings. 9459. Same; determination. 9460. Bill in equity. 9461. Re-issue of defective patents. 94.62. Disclaimer. 9463. Suits touching interfering patents. 9464. Suits for infringement; damages. 9465. Suits for compensation for use of invention by United jº patents or inventions by employés of Govern- In eIll. 9466. Pleading and proof in actions for infringement. 9467. Power to grant injunctions and estimate damages. 9468. Suit for infringement where specification too broad. 9469. Not void on account of previous use in foreign country. 9470. Extensions; grant prior to March 2, 1861. 94.71. Same; notice of application. 9472. Same; to whom application referred. 94.73. Same; commissioner to hear and decide question. 9474. Same ; Operation. 94.75. For designs authorized. 9476. Same; unauthorized use. 9477. Same; remedy by existing law not impaired, but own- er not to recover twice. 9478. Same; models. 9479. Same; duration. 9480. Same ; extension. 9481. Same; subject to general rules of law. 9482. FeeS. 9483. Same; mode of payment. 9484. Same; refunding. § 9427. How issued, attested, and recorded- All patents shall be issued in the name of the United 3 9427 r & PATENTS (Tit. 60 IPage 15261 States Of America, under the seal Of the Patent Of- fice, and shall be signed by the Commissioner of Pat- ents, and they shall be recorded, together With the Specifications, in the Patent Office in books to be kept for that purpose. (R. S. § 4883, amended, Feb. 18, 1888, c. 15, 25 Stat. 40, and April 11, 1902, c. 417, 32 Stat. 95.) l Patents signed by Assistant Secretaries of the Interior were validated by Act April 19, 1888, c. 126, 25 Stat. 87. § 9428. Contents and duration—Every patent shall contain a short title or description of the in- vention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, Of the exclusive right to make, use, and Vend the in Ven- tion or discovery throughout the United States, and the Territories thereof, referring to the specification for the particulars thereof. A copy of the specifica- tion and drawings shall be annexed to the patent and be a part thereof. (R. S. § 4884.) § 9429. Time of issue; payment of final fee— Every patent shall issue within a period of three months from the date of the payment Of the final fee, which fee shall be paid not later than six months from the time at which the application was passed and allowed and notice thereof Was Sent to the ap- plicant or his agent; and if the final fee is not paid within that period the patent shall be withheld. (R. S. § 4885, amended, May 23, 1908, c. 189, 35 Stat. 246.) § 94.29s. Keeping secret inventions, and with- holding grant during war; inventions abandon- ed, whem; compensation for use of inventions tendered to Government—Whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the Opinion of the Commissioner of Patents, be detri- mental to the public safety or defense or might a S- sist the enemy or endanger the successful proSecu- tion of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the War : Provided, That the in- vention disclosed in the application for said patent may be held abandoned upon it being established be- fore or by the commissioner that in violation of said Order Said invention has been published Or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representatives, without the consent or approv- all of the Commissioner of Patents, Or under a li- cense of the Secretary Of Commerce as provided by law. When an applicant whose patent is withheld as herein providéd and who faithfully obeys the order . Of the Commissioner Of Patents above referred to Shall tender his invention to the Government Of the United States for its use, he shall, if and When he ultimately received a patent, have the right to Sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use Of the invention by the Government. (Oct. 6, 1917, c. 95, 40 Stat. 394.) See, also, § 3154%ee(1). § 9430. Inventions patentable—Any person who has invented Or discovered any new and useful art, machine, manufacture, or composition of matter, Or any new and useful improvements thereof, not known or used by others in this country, before his inven- tion or discovery thereof, and not patented or de- scribed in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his applica- tion, and not in public use or on sale in this country for more than two years prior to his application, Unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and Other due proceeding had, obtain a patent therefor. (R. S. § 4886, amended, March 3, 1897, c. 391, § 1, 29 Stat. 692.) § 9431. Inventions previously patented abroad —No person. Otherwise entitled thereto shall be de- barred from receiving a patent for his invention Or discovery, nor shall any patent be declared invalid by reason of its having been first patented or Caused to be patented by the inventor or his legal represent- atives Or assigns in a foreign country, unless the application for said foreign patent was filed more than twelve months, in cases within the provisions of Section forty-eight hundred and eighty-six of the Revised Statutes, and four months in Cases Of de- signs, prior to the filing of the application in this country, in which case no patent shall be granted in this COUntry. An application for patent for an invention or dis- COvery or for a design filed in this country by any person who has previously regularly filed an applica- tion for a patent for the same invention, discovery, Or design in a foreign country which, by treaty, Con- Vention, Or law, affords similar privileges to citizens : Of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery, or design Was first filed in such foreign country, provided the application in this country is filed within twelve months in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and within four months in cases of designs, from the earliest date on which any such foreign ap- Iplication Was filed. But no patent shall be granted On an application for patent for an invention or dis- Covery or a design which had been patented or de- Scribed in a printed publication in this or any foreign COUntry more than two years before the date of the actual filing of the application in this country, or Which had been in public use or on sale in this Country for more than two years prior to such filing. (R. S. § 4887, amended, March 3, 1897, c. 391, § 3, 29 i;) 693, and March 3, 1903, c. 1019, § 1, 32 Stat. R. S. § 4886, is § 9430. See §§ 9525–9529. § 9432. Application, description, specifica- tion, and claim—Before any inventor or discoverer shall receive a patent for his invention or discOV- ery he shall make application therefor, in Writing, to the Commissioner of Patents, and shall file in the Patent Office a written description of the same, and of the manner and process of making, constructing, Compounding, and using it, in such full, clear, Con- Gise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly . Connected, to make, COn- struct, compound, and use the same; and in Case Of a machine, he shall explain the principle thereof, and the best mode in which he has COntemplated apply- ing that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or COmbina- tion which he claims as his invention or discovery. The specification and claim shall be signed by the inventor. (R. S. § 4888, amended, March 3, 1915, c. 94, § 1, 38 Stat. 958.) § 9433. Drawings—When the nature of the Case admits of drawings, the applicant shall furnish One copy signed by the inventor or his attorney in fact, which shall be filed in the Patent Office; and a COpy of the drawing to be furnished by the Patent Office, shall be attached to the patent as a part of the Specifi- cation. (R. S. § 4889, amended, March 3, 1915, c. 94, § 2, 38 Stat. 959.) § 94.34. Specimens of ingredients—When the in- vention or discovery is of a composition of matter, the applicant, if required by the Commissioner, Shall furnish specimens of ingredients and of the Composi- tion, sufficient in quantity for the purpose of experi- ment. (R. S. § 4890.) Ch. 1) 3 9441 PATENTS f [Page 1527 I § 9435. Model—In all cases which admit of rep- resentation by model, the applicant, if required by the Commissioner, Shall furnish a model Of Conven- ient size to exhibit advantageously the Several parts of his invention or discovery. (R. S. § 4891.) § 9436. Oath of applicant—The applicant shall make Oath that he does Verily believe himself to be the Original and first inventor or discoverer of the art, machine, manufacture, Composition, or improvement for which he SOlicits a patent ; that he does not know and does not believe that the same Was ever before known or used ; and shall state Of What Country he is a citizen. Such oath may be made before any per- son within the United States authorized by law to ad- minister Oaths, Or, When the applicant resides in a foreign Country, before any minister, chargé d'affaires, COnsul, Or Commercial agent holding Commission un- der the Government of the United States, or before any notary public, judge, Or magistrate having an of- ficial seal and authorized to administer Oaths in the foreign COuntry in Which the applicant may be, whose authority shall be proved by Certificate of a diplomat- ic or consular Officer of the United States. (R. S. § 4892, amended, March 3, 1903, c. 1019, § 2, 32 Stat. 1226.) § 94.37. Examination, and issuing—On the filing Of any such application and the payment Of the fees required by law, the Commissioner of Patents shall Cause an examination to be made Of the alleged new invention Or discOVery; and, if On Such examination it Shall appear that the claimant is justly entitled to a patent under the law, and that the same is Sufficient- ly useful and important, the Commissioner shall is- Sue a patent therefor. (R. S. § 4893.) - § 9438. Time of completing application— All applications for patents shall be Completed and prepared for examination within One year after the filing of the application, and in default thereof, or upon failure Of the applicant to prosecute the same within One year after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties there- to, unless it be shown to the Satisfaction Of the Com- missioner of Patents that such delay was unavoidable: Provided, however, That no application shall be re- garded as abandoned which has become the property Of the GOvernment Of the United States and With | respect to which the head of any department of the Government shall have Certified to the Commissioner of Patents, within a period of three years, that the invention disclosed therein is important to the ar- mament Or defense of the United States: Provided further, That within ninety days, and not less than thirty days, before the expiration of any such three- year period the Commissioner of Patents shall, in writing, notify the head of the department interest- led in any pending application for patent, Of the ap- proaching expiration of the three-year period with- in which any application for patent shall have been pending. (R. S. § 4894, amended, March 3, 1897, c. 391, § 4, 29 Stat. 693, and July 6, 1916, c. 225, § 1, 39 :Stat. 348.) § 9438a. Extension of time for filing applica- tion; period granted—Any applicant for letters pat- ent or for the registration of any trade-mark, print, or label, being within the provisions of this Act, if un- able On account of the existing and Continuing State Of War to file any application. Or pay any official fee or take any required action within the period now limited by law, shall be granted an extension of nine months beyond the expiration Of Said period. (Aug. 17, 1916, c. 350, § 1, 39 Stat. 516.) Applications for registration of trade-marks, see § 9485. Applications for registration of any print, etc., see chap- ter 3 of this Title. § 9438b. Same; persons who may tal:e advan- -tage of—The provisions of this Act shall be limited of July, eighteen hundred and Seventy. to Citizens or Subjects of countries which extend Sub- stantially similar privileges to the Citizens of the United States, and no extension shall be granted un- der this Act to the citizens or subjects of any COun- try while said country is at war with the United States. (Aug. 17, 1916, c. 350, § 2, 39 Stat. 516.) . § 9438e. Same; defaults within scope of-This Act shall be operative to relieve from default under existing law occurring since August first, nineteen hundred and fourteen, and before the first day of January, nineteen hundred and eighteen, and all applications and letters patent and registrations in the filing or prosecution whereof default has occur- red for which this Act grants relief shall have the same force and effect as if said default had not OC- curred. (Aug. 17, 1916, c. 350, § 3, 39 Stat. 516.) § 9439. Granted to assignee—Patents may be granted and issued or re-issued to the assignee Of the inventor or discoverer; but the assignment must first be entered of record in the Patent-Office. And in all cases of an application by an assignee for the issue of a patent, the application shall be made and the specification sworn to by the inventor or discov- erer; and in all cases of an application for a re- issue of any patent, the application must be made and the corrected specification signed by the in Ventor Or discoverer, if he is living, unless the patent Was iS- sued and the assignment made before the eighth day (R. S. § 4895.) § 94.40. Death or insanity of inventor or per- son making discovery—When any perSOrl, having made any new invention or discovery for Which a patent might have been granted, dies before a patent is granted the right of applying for and obtaining the patent shall devolve on his executor or adminis- trator, in trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will disposing of the same, then in trust for his devisees in as full manner and on the Same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime; and When any person having made any new invention or dis- , covery for which a patent might have been granted becomes insane before a patent is granted the right of applying for and obtaining the patent shall devolve on his legally appointed guardian, Conservator, Or representative in trust for his estate in as full man- ner and on the same terms and Conditions as the same might have been claimed or enjoyed by him while sane; and when the application is made by such legal representatives the oath or affirmation required to be made shall be so varied in form that it can be made by them. The executor or adminis- trator duly authorized under the law of any foreign country to administer upon the estate of the deceas- ed inventor shall, in case the said inventor Was not domiciled in the United States at the time Of his death, have the right to apply for and obtain the patent. The authority of such foreign executor or administrator shall be proved by certificate Of a dip- lomatic Or Consular Officer of the United States. The foregoing section, as to insane perSons, is to cover all applications now on file in the Patent Office or which may be hereafter made. (R. S. § 4896, amended, Feb. 28, 1899, c. 227, 30 Stat. 915, March 3, 1903, c. 1019, § 3, 32 Stat. 1226, and May 23, 1908, c. 188, 35 Stat. 245.) § 9441. To government officers for inventions used in public service—The Secretary of the In- terior and the Commissioner Of Patents are authorized to grant any officer of the government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section forty eight hundred and eighty six of the Revised Statutes, when such in Vention is used or to be used in the public service, without the payment of any fee: Pro- vided, That the applicant in his application shall State ź 94.42 (Tit. 60 PATENTS [Page 15281 that the invention described therein, if patented, may be used by the government or any of its officers or employees in the prosecution of work for the govern- ment, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent. (March 3, 1883, c. 143, 22 Stat. 625.) § 9442. Representation of heads of Depart- ments requesting expedition of patents—In every case where the head of any Department of the GOV- ernment shall request the Commissioner of Patents to expedite the consideration of an application for a patent it shall be the duty of such head of a Depart- ment to be represented before the Commissioner in order to prevent the improper issue of a patent. (March 3, 1897, c. 391, § 7, 29 Stat. 694.) § 9443. Renewal of application in cases of failure to pay fees in season—Any person Who has an interest in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent was ordered to issue upon the payment of the final fee, but who fails to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the ap- plicant or his agent, shall have a right to make an application or a patent for such invention or discov- ery the same as in the case Of an Original applica- tion. But such second application must be made within two years after the allowance of the original application. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent was ordered to issue un- der such renewed application prior to the issue of the patent. And upon the hearing of renewed applica- tions preferred under this section, abandonment shall be considered as a question of fact. (R. S. § 4897.) § 94.44. Assignments—Every patent or any in- terest therein shall be assignable in law by an in- strument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States. An assignment, grant, or conveyance shall be void as, against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof. If any Such assignment, grant, Or conveyance of any patent shall be acknowledged before any notary public of the several States or Territories or the District of Columbia, or any com- missioner Of the United States Circuit Court, Or be- fore any secretary of legation or Consular officer authorized to administer Oaths Or perform notarial acts under Section Seventeen hundred and fifty Of the Revised Statutes, the certificate of such acknowledg- ment, under the hand and official Seal of Such notary or other officer, shall be prima facie evidence of the execution of Such assignment, grant Or Conveyance. (R. S. § 4898, amended, March 3, 1897, c. 391, § 5, 29 Stat. 692.) R. S. § 1750, is § 3211. - § 94.45. Use or sale by persons purchasing of inventor, before application—Every perSOn Who purchases of the inventor, or discoverer, or with his knowledge and consent constructs any newly invented or discovered machine, or other patentable article, prior to the application by the inventor or discoverer for a patent, or who sells or uses one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, with- out liability therefor. (R. S. § 4899.) § 9446. Patented articles Imarked as such—It shall be the duty Of all patentees, and their assigns and legal representatives, and Of all persons making or vending any patented article for Or under them, to give sufficient notice to the public that the same is patented; either by fixing thereon the word “pat- ented,” together with the day and year the patent WaS granted; or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is inclos- ed, a label containing the like notice; and in any Suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, ex- Cept on proof that the defendant was duly notified of the infringement, and continued, after such no- tice, to make, use, or vend the article so patented. (R. S. § 4900.) § 9447. Falsely marking or labeling articles— Every person who, in any manner, marks upon any- thing made, used, or sold by him for which he has Inot Obtained a patent, the name or any imitation of the name of any person who has obtained a patent therefor without the consent of such patentee, or his aSSigns Or legal representatives; or - Who, in any manner, marks upon or affixes to any Such patented article the word “patent” or “pat- entee,” or the words “letters-patent,” or any word Of like import, with intent to imitate or counterfeit the mark Or device of the patentee, without having the license Or Consent of such patentee or his assigns Or legal representatives;" or Who, in any manner, marks upon or affixes to any unpatented article the word “patent,” or any word im- porting that the same is patented, for the purpose of deceiving the public, shall be liable, for every such Offense, to a penalty of not less than one hundred dollars, With costs; one-half of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States within Whose jurisdiction Such offense may have been com- mitted. (R. S. § 4901.) (R. S. § 4902. Repealed.) This Section, as enacted in the Revised Statutes, was as follows: e “Any citizen of the United States who makes any new in Vention or discovery, and desires further time to ma- ture the same, may, on payment of the fees required by 1aw, file in the Patent-Office a caveat setting forth the design thereof, and of its distinguishing characteristics, and praying protection of his right until he shall have matured his invention. Such caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof; and if application is made within the year by any other person for a patent with which such caveat would in any manner interfere, the Commissioner shall deposit the description, specification, drawings, and model of such application in like manner in the Confidential ar- chives of the office, and give notice thereof, by mail, to the person by whom the caveat was filed. If such per- son desires to avail himself of his caveat, he shall file his description, specifications, drawings, and model within three months from the time of placing the notice in the post-office in Washington, with the usual time required for transmitting it to the caveator added thereto; which time shall be indorsed on the notice. An alien shall have the privilege herein granted, if he has resided in the TJnited States one year next preceding the filing of his caveat, and has made oath of his intention to become a citizen.” It was amended by Act March 3, 1903, c. 1019, § 4, 32 Stat. 1227, by striking out the words “citizen of the Unit- ed States,” at the beginning of the section, and Substitut- ing the word “person” in place thereof, and by striking out the last clause of the section, beginning With the words “An alien shall have the privilege herein granted,” etc., to the end of the section. • The section was repealed by Act June 25, 1910, c. 414, § 1, 36 Stat. 843. Section 3 of said repealing act, provided that the act should take effect July 1, 1910, and should not apply to any caveat filed prior to said date. - § 9448. Notice of rejection of claim—When- ever, on examination, any claim for a patent is re- jected, the Commissioner shall notify the applicant thereof, giving him briefly the reasons for such re- jection, together with such information and reference es as may be useful in judging Of the propriety Of renewing his application or of altering his Specifica- tion; and if, after receiving such notice, the appli- cant persists in his claim for a patent, With Or With- Ch. 1) 3 9461 PATIENTS [Page 1529I Out altering his specifications, the Commissioner shall Order a re-examination of the case. (R. S. § 4903.) § 9449. Interferences—Whenever an application is made for a patent which, in the Opinion of the Com- missioner, would interfere with any pending applica- tion, Or with any unexpired patent, he shall give no- tice thereof to the applicants, or applicant and pat- entee, as the case may be, and shall direct the pri- mary examiner to proceed to determine the question Of priority of invention. And the Commissioner may issue a patent to the party who is adjudged the prior inventor, unless the adverse party appeals from the decision of the primary examiner, or of the board Of examiners-in-chief, as the case may be, within such time, not less than twenty days, as the Commission- er shall prescribe. (R. S. § 4904.) - - See § 9456. § 9450. Affidavits and depositions—The Com- missioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent-Office, and such affidavits and deposi- tions may be taken before any officer authorized by law to take depositions to be used in the Courts of the United States, or of the State where the Officer resides. (R. S. § 4905.) § 9451. Subpoenas to witnesses—The clerk of any Court of the United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the Patent-Office, Shall, upon the application of any party thereto, or Of his agent Or attorney, issue a subpoena for any Witness residing or being within such district or Territory, commanding him to appear and testify before any officer in such district or Territory author- ized to take depositions and affidavits, at any time . and place in the subpoena stated. But no witness shall be required to attend at any place more than forty miles from the place where the subpoena is served upon him. (R. S. § 4906.) § 9452. Witness fees—Every witness duly sub- p0°naed and in attendance shall be allowed the same fees as are allowed to witnesses attending the courts Of the United States. (R. S. § 4907.) § 9453. Failing to attend or refusing to tes- tify—Whenever any witness, after being duly served with Such subpoena, neglects or refuses to appear, or after appearing refuses to testify, the judge of the Court whose clerk issued the subpoena may, on proof Of Such neglect or refusal, enforce obedience to the process, Or punish the disobedience, as in other like Cases. But no witness shall be deemed guilty of con- tempt for disobeying such subpoena, unless his fees and traveling expenses in going to, returning from, and One day's attendance at the place of examination, are paid Or tendered him at the time of the service Of the subpoena; nor for refusing to disclose any Secret invention or discovery made or owned by him- self. (IR. S. § 4908.) § 9454. Appeals; from primary examiners to examiners-in-chief—Every applicant for a patent or for the re-issue of a patent, any of the claims of Which have been twice rejected, and every party to an interference, may appeal from the decision of the primary examiner, or of the examiner in charge of interferences in such case, to the board of examiners- in-Chief; having once paid the fee for such appeal. (R. S. § 4909.) § 94.55. Same; from examiners-in-chief to Commissioner—If such party is dissatisfied with the decision of the examiners-in-chief, he may, on pay- Iment Of the fee prescribed, appeal to the Commission- er in person. (R. S. § 4910.) ** (R. S. § 4911. Superseded.) This section authorized parties, except parties to inter- ferences, to appeal from the decision of the Commissioner to the Supreme Court of the District of Columbia. It Was Superseded by Act Feb. 9, 1893, c. 74, § 9 (§ 9456). § 9456. Same; from Commissioner—The deter- mination of appeals from the decision of the Com- missioner of Patents, now vested in the General Term of the Supreme Court of the District of Co- lumbia, in pursuance of the provisions of section Seven hundred and eighty Of the Revised Statutes of the United States, relating to the District of Colum- bia, Shall hereafter be and the same is hereby vested in the Court of Appeals created by this act; and in addition, any party aggrieved by a decision of the Commissioner of Patents in any interference case may appeal therefrom to said Court of Appeals. (Feb. 9, 1893, c. 74, § 9, 27 Stat. 436.) See § 9494. § 94.57. Same; notice—When an appeal is taken to the Supreme Court of the District of Columbia, the appellant shall give notice thereof to the Commission- er, and file in the Patent-Office, within Such time as the Commissioner shall appoint, his reasons of ap- peal, Specifically set forth in Writing. (R. S. § 4912.) § 9458. Same; proceedings—The court shall, be- fore hearing such appeal, give notice to the COmmis- sioner of the time and place of the heatring, and On receiving such notice the Commissioner shall give no- tice of such time and place in such manner as the court may prescribe, to all parties who appear to be interested therein. The party appealing shall lay before the court certified copies of all the Original pa- pers and evidence in the case, and the Commissioner shall furnish the court with the grounds Of his de- cision, fully set forth in writing, touching all the points involved by the reasons of appeal. And at the request of any party interested, or of the Court, the Commissioner and the examiners may be examined under oath, in explanation of the principles Of the thing for which a patent is demanded. (R. S. § 4913.) § 9459. Same; determination—The Court, On pe= tition, shall hear and determine such appeal, and re- vise the decision appealed from in a Summary Way, on the evidence produced before the Commissioner, at such early and convenient time as the Court may appoint; and the revision shall be confined to the points set forth in the reasons of appeal. After hear- ing the case the court shall return to the Commission- er a certificate of its proceedings and decision, which shall be entered of record in the Patent-Office, and shall govern the further proceedings in the case. But no Opinion or decision of the Court in any Such Case shall preclude any person interested from the right to Contest the Validity Of Such patent in any COUIrt Where- in the same may be called in question. (R. S. § 4.914.) § 94.60. Bill in equity—Whenever a patent. On application is refused, either by the Commissioner of Patents or by the supreme court of the District of Columbia upon appeal from the Commissioner, the ap- plicant may have remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the Case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the Com- missioner to issue such patent On the applicant filing in the Patent-Office a copy of the adjudication, and otherwise complying with the requirements of law. In all cases, where there is no Opposing party, a Copy of the bill shall be served on the Commissioner; and all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not. (R. S. § 4915.) See § 9456. § 9461. Re-issue of defective patents—When- ever any patent is inoperative or invalid, by reason of a defective Or insufficient specification, or by reason Of the patentee Claiming as his own invention Or dis- Covery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mis- take, and without any fraudulent or deceptive inten- tion, the Commissioner shall, on the surrender of Such a 9462 - - PATENTS - (Tit. 60 - IPage 1530] patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be is- sued to the patentee, or, in the case of his death or of an assignment of the whole or any undivided part of the original patent, then to his executors, adminis- trators, or assigns, for the unexpired part of the term of the original patent. Such surrender shall take effect upon the issue of the amended patent. The Commissioner may, in his discretion, cause Several patents to be issued for distinct and Separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a re-issue for each of such reissued letters-patent. The specifi- cations and claim in every such case shall be subject to revision and restriction in the same manner a S original applications are. Every patent so re-issued, together with the corrected specification, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form; but no new matter shall be introduced into the Specifi- cation, nor in case of a machine-patent shall the model or drawings be amended, except each by the other ; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the Commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid. (R, S. § 4916.) § 94.62. Disclaimer—Whenever, through inadvert- ence, accident, or mistake, and without any fraudu- lent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer, his patent shall be valid for all that part which is truly and justly his own, pro- vided the same is a material or substantial part of the thing patented ; and any such patentee, his heirs or assigns, whether of the whole or any sectional in- terest therein, may, on payment of the fee required by law, make disclaimer of such parts of the thing patented as he shall not choose to claim or to hold by Virtue of the patent or assignment, stating therein the extent of his interest in such patent. Such dis- Claimer shall be in writing, attested by one or more witnesses, and recorded in the Patent-Office; and it shall thereafter be considered as part of the original Specification to the extent of the interest possessed by the claimant and by those claiming under him after the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, ex- Cept So far as may relate to the question of unreason- able neglect or delay in filing it. (R. S. § 4917.) § 94.63. Suits touching interfering patents— Whenever there are interfering patents, any person interested in any One of them, or in the working of the invention claimed under either of them, may have relief against the interfering patentee, and all parties interested under him, by suit in equity against the Owners of the interfering patent ; and the court, on notice to adverse parties, and other due proceedings had according to the course of equity, may adjudge and declare either of the patents void in whole or in part, or in Operative, or invalid in any particular part of the United States, according to the interest of the parties in the patent or the invention patented. But no such judgment or adjudication shall affect the right of any person except the parties to the Suit and those deriving title under them subsequent to the rendition of such judgment. (R. S. § 4918.) See § 9456. § 9464. Suits for infringement; damages— Damages for the infringement of any patent may be recovered by action on the case, in the name of the party interested, either as patentee, assignee, or gran- tee. And whenever in any such action a verdict is ren- dered for the plaintiff, the Court may enter judgment thereon for any sum above the amount found by the verdict as the actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs. (R. S. § 4.919.) See §§ 1227, 1586, 9465. § 9465. Suits for compensation for use of in- vention by United States; patents or inventions By employés of Government—Whenever an inven- tion described in and covered by a patent of the Unit- ed States shall hereafter be used by the United States without license of the owner thereof or lawful right to use the same, such owner may recover reasonable compensation for such use by suit in the Court of Claims: Provided, however, That said Court of Claims shall not entertain a suit or reward compensation under the provisions of this Act where the claim for . compensation is based on the use by the United States of any article heretofore owned, leased, used by, Or in the possession of the United States: Provided further, That in any Such suit the United States may avail it- self of any and all defenses, general or special, Which might be pleaded by a defendant in an action for in- fringement, as set forth in Title Sixty of the Revised Statutes, or otherwise: And provided further, That the benefits of this Act shall not inure to any patentee, who, when he makes such claim is in the employment Or service of the Government of the United States ; or the assignee of any such patentee; nor shall this Act apply to any device discovered or invented by such employé during the time of his employment or Serv- ice. (June 25, 1910, c. 423, 36 Stat. 851.) § 94.66. Pleading and proof in actions for in- fringement—In any action for infringement the de- fendant may plead the general issue, and, having given notice in writing to the plaintiff or his attorney . thirty days before, may prove on trial any One Or. more of the following special matters: First. That for the purpose of deceiving the public the description and Specification filed by the patentee in the Patent Office was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desired ef- fect; Or, Second. That he had Surreptitiously or unjustly Ob- tained the patent for that which was in fact in- vented by another, who was using reasonable diligence in adapting and perfecting the same ; Or, Third. That it has been patented or described in some printed publication prior to his supposed inven- tion or discovery thereof, or more than two years prior to his application for a patent therefor; Or, Fourth. That he was not the original and first in- ventor or discoverer of any material and substantial part of the thing patented ; Or, Fifth. That it had been in public use or on Sale in this country for more than two years before his ap- plication for a patent, or had been abandoned to the public. - And in notices as to proof of previous invention, knowledge, or use of the thing patented, the defendant shall state the names of the patentees and the dates of their patents, and when granted, and the names and residences of the persons alleged to have invented or to have had the prior knowledge of the thing pat- ented, and where and by whom it had been used ; and if any one or more of the special matters alleged shall be found for the defendant, judgment shall be rendered for him with COSts. And the like defenses may be pleaded in any suit in equity for relief against an alleged infringement; and proofs of the same may be given upon like notice in the answer of the defend- ant, and with the like effect. (R. S. § 4920, amended, March 3, 1897, c. 391, § 2, 29 Stat. 692.) § 9467. Power to grant injunctions and esti- mate damages—"The several Courts Wested with ju- risdiction of cases arising under the patent laws shall have power to grant injunctions according to the Ch. 1) # 9476 PATENTs IPage 1531] Course and principles of Courts of equity, to prevent the violation of any right Secured by patent, On Such terms as the Court may deem reasonable ; and upon a decree being rendered in any such case for an in- fringement the COmplainant shall be entitled to re- Cover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sus- tained thereby ; and the Court shall assess the same Or Cause the same to be assessed under its direction. And the court shall the same power to increase such damages, in its discretion, as is given to increase the damages found by verdicts in actions in the nature of actions Of trespass upon the case. But in any Suit or action brought for the infringement of any patent there shall be no recovery of profits or damages for any infringement committed more than six years be- fore the filing of the bill of complaint or the issuing Of the writ in such suit or action, and this provision Shall apply to existing causes of action. (R. S. § 4921, amended, March 3, 1897, c. 391, § 6, 29 Stat. 694.) See §§ 991 (7), 1030, 1266–1268. § 94.68. Suit for infringement where specifica- tion too broad—Whenever, through inadvertence, a C- Cident, Or mistake, and without any willful default or intent to defraud or mislead the public, a patentee has, in his specification, claimed to be the original and first inventor or discoverer of any material or sub- stantial part of the thing patented, of which he was not the Original and first inventor or discoverer, every Such patentee, his executors, administrators, and as- Signs, Whether of the whole or any sectional interest in the patent, may maintain a suit at law or in equity, for the infringement of any part thereof, which was bona fide his own, if it is a material and substantial part of the thing patented, and definitely distinguish- able from the parts claimed without right, notwith- Standing the Specifications may embrace more than that of which the patentee was the first inventor or discoverer. But in every such case in which a judg- ment or decree shall be rendered for the plaintiff no Costs shall be recovered unless the proper disclaimer has been entered at the Patent-Office before the com- mencement of the Suit. But no patentee shall be en- titled to the benefits of this section if he has unrea- SOnably neglected or delayed to enter a disclaimer. (R. S. § 4922.) § 94.69. Not void on account of previous use in foreign country—Whenever it appears that a paten- tee, at the time of making his application for the patent, believed himself to be the Original and first inventor or discoverer of the thing patented, the Same Shall not be held to be Void. On account Of the invention or discovery, or any part thereof, having been known or used in a foreign Country, before his invention or discovery thereof, if it had not been patented or described in a printed publication. (R. S. § 4923.) § 9470. Extensions; grant prior to March 2, 1861—Where the patentee of any invention or dis- covery, the patent for which was granted prior to the Second day of March, eighteen hundred and sixty- One, shall desire an extension of this patent beyond the Original term Of its limitation, he shall make ap- plication therefor, in writing, to the Commissioner of Patents, setting forth the reasons why such exten- Sion should be granted ; and he shall also furnish a written statement under oath of the ascertained value of the invention or discovery, and Of his receipts and expenditures on account thereof, Sufficiently in detail to exhibit a true and faithful account of the loss and profit in any manner accruing to him by reason of the invention or discovery. Such applica- tion Shall be filed not more than six months nor loss than ninety days before the expiration of the Origi- nal term of the patent; and no extension shall be granted after the expiration of the Original telºu. (R. S. § 4924.) § 94.71. Same; notice of application—Upon the receipt of such application, and the payment of the fees required by law, the Commissioner shall cause to be published in One newspaper in the city Of Wash- ington, and in such other papers published in the Section of the country most interested adversely to the extension of the patent as he may deem proper, for at least sixty days prior to the day set for hear- ing the case, a notice of such application, and of the time and place when and where the same will be COnsidered, that any person may appear and show CauSe Why the extension should not be granted. (R. S. § 4925.) - - § 9472. Same; to whom application referred —Upon the publication of the notice of an applica- tion for an extension, the Commissioner shall refer the Case to the principal examiner having charge of the Class of inventions to which it belongs, who shall make the Commissioner a full report of the case, Stating particularly whether the invention or discov- ery was new and patentable when the original patent Was granted. (R. S. § 4926.) - § 94.73. Same; commissioner to hear and de- cide question--The Commissioner shall, at the time and place designated in the published notice, hear and decide upon the evidence produced, both for and satisfaction of the Commissioner that the patentee, without neglect or fault on his part, has failed to Ob- tain from the use and sale of his invention or discov- ery a reasonable remuneration for the time, ingenui- ty, and expense bestowed upon it, and the introduc- tion of it into use, and that it is just and proper, having due regard to the public interest, that the term Of the patent should be extended the Commis- SiOner Shall make a certificate thereon, renewing and extending the patent for the term of seven years from the expiration of the first term. Such certificate shall be recorded in the Patent-Office; and thereupon such patent shall have the same effect in law as though it had been originally granted for twenty-one years. (R. S. § 4927.) § 9474. Same; operation—The benefit of the ex- tension of a patent shall extend to the assignees and grantees of the right to use the thing patented, to the extent of their interest therein. (R. S. § 4928.) § 94.75. For designs authorized—Any person who has invented any new, original, and ornamental design for an article of manufacture, not known Or used by others in this country before his invention thereof, and not patented or described in any print- ed publication in this Or any foreign Country before his invention thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law and other due proceedings had, the same as in Cases of inventions or discoveries covered by sec- tion forty-eight hundred and eighty-six, obtain a patent therefor. (R. S. § 4929, amended, May 9, 1902, c. 783, 32 Stat. 193.) Registration of prints and labels, see §§ 9517-9521. § 9476. Same; unauthorized use—Hereafter, during the term of letters patent for a design, it shall be unlawful for any person other than the owner of said letters patent, without the license of Such OWn- er, to apply the design secured by such letters pat- ent, or any colorable imitation thereof, to any article Of manufacture for the purpose of sale, or to sell Or expose for Sale any article of manufacture to which such design or colorable imitation shall, with- Out the license of the OWner, have been applied, knowing that the same has been so applied. Any person violating the provisions, or either of them, of this section, shall be liable in the amount of two hundred and fifty dollars; and in case the total profit 3 9477 (Tit. 60 PATIENTS IPage 1532] e made by him from the manufacture or sale, as afore- said, of the article or articles to which the design, Or colorable imitation thereof, has been applied, exceeds the sum of two hundred and fifty dollars, he shall be further liable for the excess of such profit Over and above the sum of two hundred and fifty dollars. And the full amount of such liability may be recoV- ered by the owner of the letters patent, to his own use, in any circuit court of the United States having jurisdiction of the parties, either by action at law or upon a bill in equity for an injunction to restrain such infringement. (Feb. 4, 1887, c. 105, § 1, 24 Stat. 387.) - § 9477. Same; remedy by existing law not im- paired, but owner not to recover twice—Nothing in this act contained shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any owner of letters patent for a design, aggrieved by the infringement of the same, might have had if this act had not been passed ; but such owner Shall not twice recover the profit made from the infringement. (Feb. 4, 1887, c. 105, § 2, 24 Stat. 388.) § 9478. Same; models—The Commissioner may dispense with models of designs when the design Can be sufficiently represented by drawings or photo- graphs. (R. S. § 4930.) - § 9479. Same; duration—Patents for designs may be granted for the term of three years and Six months, or for seven years, or for fourteen years, as the applicant may, in his application, elect. (R. S. § 4931.) g § 94.80. Same; extension—Patentees of designs issued prior to the second day of March, eighteen hun- dred and sixty-one, shall be entitled, to extension of their respective patents for the term of seven years, in the same manner and under the same restrictions as are provided for the extension of patents for in- ventions or discoverys, issued prior to the Second day of March, eighteen hundred and sixty-one. (R. S. § 4932.) § 9481. Same; subject to general rules of law —All the regulations and provisions which apply to obtaining or protecting patents for inventions or dis- coveries not inconsistent with the provisions of this Title, shall apply to patents for designs. (R. S. § 4933.) § 9482. Fees—The following shall be the rates for patent-fees: - On filing each original application for a patent, ex- Cept in design cases, fifteen dollars. On issuing each original patent, except in design cases, twenty dollars. - In design cases: For three years and six months, ten dollars ; for Seven years, fifteen dollars; for fourteen years, thirty dollars. On every application for the re-issue of a patent, thirty dollars. On filing each disclaimer, ten dollars. On every application for the extension of a patent, fifty . dollars. * On the granting of every extension of a patent, fifty dollars. On an appeal for the first time from the primary examiners to the examiners-in-Chief, ten dollars. On every appeal from the examiners-in-chief to the Commissioner, twenty dollars. - For Certified copies of patents and Other papers, including certified printed copies, ten cents per hun- dred WOrdS. For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and un- der one thousand words, two dollars; and for each additional thousand Words or fraction thereof, One dollar. For copies of drawings, the reasonable cost of making them. (R. S. § 4934, amended, May 27, 1908, C. 200, § 1, 35 Stat. 343, and June 25, 1910, c. 414, § 2, 36 Stat. 843.) - § 94.83. Same; mode of payment—Patent-fees may be paid to the Commissioner of Patents, or to the Treasurer or any of the assistant treasurers of the United States, or to any of the designated de- positaries, national banks, or receivers of public mon- ey, designated by the Secretary of the Treasury for that purpose; and such officer shall give the deposi- tor a receipt or certificate of deposit therefor. All Imoney received at the Patent-Office, for any purpose, Or from any source whatever, shall be paid into the Treasury as received, without any deduction what- ever. (R. S. § 4935.) See § 9500. $ 9.484. Same; refunding—The Treasurer of the United States is authorized to pay back any sum or Sums Of money to any person who has through mis- take paid the same into the Treasury, or to any receiver or depositary, to the credit of the Treasury, as for fees accruing at the Patent-Office, upon a cer- tificate thereof being made to the Treasurer by the Commissioner of Patents. (R. S. § 4936.) See § 9500. Chapter Two—Trade-Marks Sec. 9485. Registration authorized; application therefor; fees and other requirements. 9486. Owners of having manufacturing establishments in United States entitled to registration and protection. 9487. Declaration accompanying application; verification thereof. 9488. Designation by foreign applicant of person for service of process or notice. .." - - 9489. Effect given application where previous application filed in foreign country affording similar privileges to Unit- ed States citizens; limitations, and restrictions on issue of certificates. 9490. Trade-marks registered. - 9491. Examination of application; publication of trade-mark; notice of opposition; certificate of registration where no notice; refusal of application. 9492. Notice to applicant of opposition; declaration of inter- ference; examination of interference or Opposition; grounds for refusal. - 9493. Appeal from decision of examiner. 34°4. Same; from decision of Commissioner of Patents. 9495. Assignments. • 9496. Certificates of registration and record thereof; copies as | evidence. - '9497. Duration of certificate of registration, and renewal. 9498. Cancellation of registration. 9499. Fees. - 9500. Same; application of R. S. §§ 4935, 4936, to. 9501. Evidence of ownership; infringement, and damages therefor. 9502. Jurisdiction of suits respecting. 9503. Certiorari for review by Supreme Court. 9504. Power to grant injunctions; recovery of damages; as- Sessment of profits and damages. 9505. Order for destruction of infringing labels; service of in- junction, and proceedings for enforcement. 9506. Restrictions on actions for infringement. 9507. Suits involving interfering registered trade-marks. 9508. Existing rights and remedies preserved. - 9509. Pending applications for registration. 95.10. Damages from registration procured by false or fraud- ulent declaration or means. 9511. Regulations for proceedings for registration. 9512. Classes of merchandise for purpose of registration. 9513. Articles imported, copying, or simulating trade-name or registered trade-mark, not admitted to entry. 9514. Notice of registration affixed to trade-Imark or to pack- . age; notice of registration or of infringement for re- Covery of damages. 9515. Construction of act; definitions. 9516. Time of taking effect of act; repeal. (R. S. §§ 4.937–4947. Superseded.) These sections, constituting chapter 2 of this Title of the Revised Statutes, authorized the registration of trade- marks by persons entitled to the exclusive use of a law- ful trade-mark, or who intended to adopt and use any trade-mark for exclusive use within the United States, and provided remedies for infringement of registered trade- marks and for false registration, and authorized regula- tions for the transfer of rights to trade-marks. Its pro- visions were held by the Supreme Court to be unconstitu- tional, on the ground that a trade-mark Was not an in- vention, discovery, or writing, within Const, art. 1, § 8, cl. 8, authorizing Congress to secure “to authors, and IIl- ventors the exclusive right to their respective Writings and discoveries,” and that its provisions were not sustainable Ch. 2) & 9489 TRADE-MARKS under Const. art. 1, § 8, cl. 3, giving Congress power “to regulate commerce with foreign nations, and among the several States, and with the Indian tribes,” since the act was not thus limited, but was so framed as to apply to all commerce. Trade-Mark Cases, 100 U. S. 82, 25 L. Ed. 550. Provisions similar to those in the above-mentioned Sec- tions, but limited to trade-marks used in commerce With foreign nations or with the Indian tribes, were contained in the Trade-Mark Act of March 3, 1881, c. 138, 21 Stat. 502. these sections. - Act Aug. 14, 1876, c. 274, 19 Stat. 141, making punishable certain offenses against the provisions of this chapter of the Revised Statutes, was held to fall with it, and not to become operative under Act March 3, 1881, c. 138, men- tioned above. United States v. Koch, 40 Fed. 250. That act is therefore omitted. - The Trade-Mark Act of Feb. 20, 1905, c. 592 (§§ 9485, 9487-9511, 9513–9516), contained more comprehensive provi- sions than those of said Act March 3, 1881, c. 138, and may be regarded as superseding said act. § 94.85. Registration authorized; application therefor; fees and other requirements—The OWIl- er of a trade-mark used in commerce With foreign na- tions, or annong the several States, or with Indian tribes, provided such owner shall be domiciled Within the territory of the United States, or resides in Or is located in any foreign country which, by treaty, Con- vention, or law, affords similar privileges to the Citi- zens of the United States, may obtain registration for such trade-mark by complying with the following re- quirements: First, by filing in the Patent Office an ap- plication therefor, in writing, addressed to the Com- missioner of Patents, signed by the applicant, Spec- ifying his name, domicile, location, and citizenship ; the class of merchandise and the particular descrip- tion of goods comprised in such class to Which the trade-mark is appropriated ; a statement of the mode in which the same is applied and affixed to goods, and the Iength of time during which the trade-mark has been used ; a description of the trade-mark itself shall be included, if desired by the applicant or required by the Commissioner, provided such description is of a Character to meet the approval of the Commissioner. With this statement shall be filed a drawing Of the trade-mark, signed by the applicant Or his attorney, and Such number of Specimens Of the trade-mark as actually used as may be required by the Commission- er of Patents. Second, by paying into the Treasury of the United States the sum of ten dollars, and other- wise complying with the requirements of this Act and such regulations as may be prescribed by the Com- missioner of Patents. (Feb. 20, 1905, c. 592, § 1, 33 Stat. 724, amended, May 4, 1906, c. 2081, § 1, 34 Stat. 168, and Feb. 18, 1909, c. 144, 35 Stat. 628.) See §§ 9438a–9438c, 9511, 9525-9529. § 94.86. Owners of having manufacturing es- tablishments in United States entitled to regis- tration and protection—Any OWner Of a trade- mark who shall have a manufacturing establish- ment within the territory of the United States shall be accorded, so far as the registration and protection of trade-marks used. On the products Of Such estab- lishment are concerned, the same rights and privi- leges that are a CCOrded to OWners of trade-marks dom- iciled within the territory of the United States by the Act entitled “An Act to authorize the registration of trade-marks used in Commerce with foreign nations Or among the several States Or with Indian tribes, and to protect the same,” approved February twenti- eth, nineteen hundred and five. (May 4, 1906, c. 2081, § 3. 34 Stat. 169.) § 9487. Declaration accompanying applica- tion; verification thereof—The application pre- Scribed in the foregoing section, in order to create any right Whatever in favor of the party filing it, must be accompanied by a written declaration verified hy the applicant, Or by a member of the firm or an Officer of the Corporation or association applying, to the effect that the applicant believes himself or the firm, cor- poration, or association in whose behalf he makes the application to be the owner of the trade-mark sought [Page This act was evidently intended as a Substitute for. 15331 to be registered, and that no other person, firm, cor- poration, or association, to the best of the applicant's knowledge and belief, has the right to use such trade- mark in the United States, either in the identical form Or in such near resemblance thereto as might be Cal- culated to deceive; that such trade-mark is used in commerce among the several States, or with foreign nations, or with Indian tribes, and that the description. and drawing presented truly represent the trade-mark sought to be registered. If the applicant resides Or is located in a foreign country, the statement required shall, in addition to the foregoing, set forth that the trade-mark has been registered by the applicant, Or that an application for the registration thereof has been filed by him in the foreign country in which he resides or is located, and shall give the date Of Such registration, or the application therefor, as the case may be, except that in the application in Such Cases it shall not be necessary to state that the mark has been used in Commerce with the United States Or among the States thereof. The verification required by this section may be made before any person. Within the United States authorized by law to administer Oaths, Or, When the applicant resides in a foreign COun- try, before any minister, chargé d'affaires, consul, Or Commercial agent holding commission under the GOV- ernment of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer Oaths in the foreign COuntry in which the applicant may be whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States. (Feb. 20, 1905, c. 592, § 2, 33 Stat. 724, amended, Feb. 18, 1909, c. 144, 35 Stat. 627.) § 9488. Designation by foreign applicant of person for service of process or notice—Every ap- plicant for registration of a trade-mark, or for renew- al of registration of a trade-mark, who is not dom- iciled within the United States, shall, before the is- Suance of the certificate of registration, as herein- after provided for, designate, by a notice in writing, fil- ed in the Patent Office, some person residing within the United States on whom process or notice of pro- ceedings affecting the right of ownership of the trade- mark Of Which such applicant may claim to be the OWner, brought under the proVisions Of this Act Or under other laws Of the United States, may be served, With the Same force and effect as if served upon the applicant Or registrant in person. For the purposes of this Act it shall be deemed Sufficient to Serve Such no- tice upon Such applicant, registrant, Or representative by leaving a COpy of Such process or notice addressed to him at the last address Of Which the Commissioner of Patents has been notified. (Feb. 20, 1905, c. 592, § 3, 33 Stat. 725.) § 9489. Effect given application where pre- vious application filed in foreign country afford- ing similar privileges to United States citizens; lixmitations, and restrictions on issue of certifi- cates—An application for registration of a trade-mark filed in this country by any person who has previously regularly filed in any foreign country which, by treaty, Convention, Or law, affords similar privileges to Citi- zens Of the United States an application for registra- tion Of the Same trade-mark Shall be a CCOrded the same force and effect as would be accorded to the same application if filed in this Country on the date on which application for registration of the same trade-mark was first filed in such foreign country: Provided, That such application is filed in this coun- try within four months from the date On which the application was first filed in such foreign country: And provided, That certificate of registration shall not be issued for any mark for registration of which application has been filed by an applicant located in a foreign COuntry until such mark has been actually & 9489 (Tit. 60 TERADE-MAIHFCS IPage 1534I registered by the applicant in the country in which he is located. (Feb. 20, 1905, c. 592, § 4, 33 Stat. 725.) See § 9497. - § 9490. Trade-Imarks registered—NO mark by Which the goods of the owner of the mark may be dis- tinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark— (a) Consists of or comprises immoral, or Scandalous matter. - Ub) Consists of or comprises the flag or coat of arms or other insignia of the United States or any simula- tion thereof, or of any State or municipality Or Of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any frater- nal society as its emblem, or of any name, distin- guishing mark, character, emblem, colors, flag, or ban- ner adopted by any institution, Organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: Provided, That said name, distin- guishing mark, Character, emblem, Colors, flag, Or ban- ner was adopted and publicly used by said institu- tion, organization, club, or society prior to the date of adoption and use by the applicant : Provided, That trade-marks which are identical with a registered or RnOwn trade-mark Owned and in use by another and appropriated to merchandise of the same descriptive properties, or which so nearly resemble a registered or known trade-mark Owned and in use by another and appropriated to merchandise of the same descriptive properties as to be likely to cause Confusion or mis- take in the mind of the public or to deceive purchas- ers shall not be registered : Provided, That no mark which consists merely , in the name of an individual, firm, corporation, or a SSOciation not written, printed, impressed, or woven in some particular or distinctive manner, Or in association with a portrait of the indi- vidual, or merely in words or devices which are de- scriptive Of the goods with which they are used, Or Of the character or quality of such goods, or merely a geographical name Or term, shall be registered under the terms of this Act: Provided further, That no por- trait of a living individual may be registered as a trade-mark except by the consent of such individual evidenced by an instrument in writing: And provid- ed further, That nothing herein shall prevent the reg- istration of any mark used by the applicant Or his predecessors, or by those from whom title to the mark is derived, in Commerce with foreign nations Or among the Several States Or with Indian tribes which Was in actual and exclusive use as a trade-mark Of the ap- plicant, or his predecessors from whom he derived title, for ten years next preceding February twentieth, nineteen hundred and five : Provided further, That nothing herein shall prevent the registration of a trade-mark otherwise registrable because of its being the name Of the applicant or a portion thereof. (Feb. 20, 1905, c. 592, § 5, 33 Stat. 725, amended, March 2, 1907, c. 2573, § 1, 34 Stat. 1251, Feb. 18, 1911, c. 113, 36 Stat. 918, Jan. 8, 1913, c. 7, 37 Stat. 649.) See § 9506. * § 9491. Examination of application; publica- tion of trade-mark; notice of opposition; certif- icate of registration where no notice; refusal of application—On the filing of an application for registration of a trade-mark which complies with the requirements of this Act, and the payment of the fees herein provided for, the Commissioner of Patents shall cause an examination thereof to be made; and if on such examination it shall appear that the applicant is entitled to have his trade-mark registered under the provisions of this Act, the Commissioner shall cause the mark to be published at least Once in the Official Gazette of the Patent Office. Any person who believes he would be damaged by the registration of a mark may oppose the same by filing notice of Opposition, stating the grounds therefor, in the Patent Office within thirty days after the publication of the mark sought to be registered, which said notice of opposition shall be verified by the person filing the same before one of the officers mentioned in section two of this Act. An Opposition may be filed by a duly authorized attorney, but said Opposition shall be null and Void unless verified by the opposer within a reasonable time after such filing. If no notice Of Opposition is filed within said time, the Commissioner shall issue a cer- tificate of registration therefor, as hereinafter provid- ed for. If on examination an application is refused, the Commissioner shall - notify the applicant, giving him his reasons therefor. (Feb. 20, 1905, c. 592, § 6, 33 Stat. 726, amended, March 2, 1907, c. 2573, § 2, 34 Stat. 1252.) - See §§ 9485, 9496. § 9492. Notice to applicant of opposition; declaration of interference; examination of in- terference or opposition; grounds for refusal-- In all cases where notice of Opposition has been fil- ed the Commissioner of Patents shall notify the appli- cant thereof and the grounds therefor. Whenever application is made for the registration of a trade-mark which is substantially identical with a trade-mark appropriated to goods Of the same de- Scriptive properties, for which a certificate of regis- tration has been previously issued to another, or for registration of which another has previously made application, Or which SO nearly resembles such trade- mark, Or a known trade-mark Owned and used by an- other, as, in the opinion of the Commissioner, to be likely to be mistaken therefor by the public, he may declare that an interference exists as to Such trade- mark, and in every Case of interference or opposition. to registration he shall direct the examiner in charge Of interferences to determine the question of the right Of registration to Such trade-mark, and Of the Suffi- Ciency Of Objections to registration, in Such manner and upon Such notice to those interested as the Com- missioner may by rules prescribe. The Commissioner may refuse to register the mark against the registration of which objection is filed, or may refuse to register both of two interfering marks, or may register the mark, as a trade-mark, for the person first to adopt and use the mark, if otherwise entitled to register the same, unless an appeal is tak- en, as hereinafter provided for, from his decision, by a party interested in the proceeding, within such time (not less than twenty days) as the Commissioner may prescribe. (Feb. 20, 1905, c. 592, § 7, 33 Stat. 726.) - See § 9507. 9 § 94.93. Appeal from decision of examiner— Every applicant for the registration of a trade-mark, or for the renewal of the registration of a trade-mark, which application is refused, or a party to an inter- ference against whom a decision has been rendered, or a party who has filed a notice Of Opposition as to a trade-mark, may appeal from the decision Of the ex- aminer in charge of trade-marks, or the examiner in charge of interferences, as the case may be, to the Commissioner in person, having Once paid the fee for Such appeal. (Feb. 20, 1905, c. 592, § 8, 33 Stat. 726.) See § 9499. § 9494. Same; from decision of Commissioner of Patents—If an applicant for registration Of a trade-mark, or a party to an interference as to a trade-mark, or a party who has filed opposition to the registration of a trade-mark, or party to an applica- tion for the cancellation of the registration of a trade-Imark, is dissatisfied with the decision of the Commissioner of Patents, he may appeal to the court of appeals of the District of Columbia, on complying with the conditions required in Case of an appeal from the decision of the Commissioner by an applicant for patent, or a party to an interference as to an inven- tion, and the same rules of practice and procedure shall govern in every stage of Such proceedings, as Ch. 2) 3 9502 TRADE-MARKS [Page 1535.] far as the same may be applicable. (Feb. 20, 1905, c. 592, § 9, 33 Stat. 727.) • - - § 9495. Assignments—Every registered trade- mark, and every mark for the registration of which application has been made, together with the applica- tion for registration of the same, shall be assignable in connection with the good will of the business in Which the mark is used. Such assignment must be by an instrument in writing and duly acknowledged according to the laws of the country or State in which the same is executed ; any Such assignment shall be void as against any subsequent purchaser for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from date thereof. The Commissioner shall keep a record of such assignments. (Feb. 20, 1905, c. 592, § 10, 33 Stat. 727.) See § 9499. * § 9496. Certificates of registration and rec- ord thereof; copies as evidence—Certificates of reg- istration of trade-marks shall be issued in the name Of the United States of America, under the seal of the Patent Office, and shall be signed by the Commissioner of Patents, and a record thereof, together with printed copies of the drawing and statement of the applicant, shall be kept in books for that purpose. The Certifi- cate shall state the date on which the application for registration was received in the Patent Office. Cer- tificates of registration of trade-marks may be issued to the assignee of the applicant, but the assignment must first be entered of record in the Patent Office. Written or printed copies of any records, books, papers, or drawings relating to trade-marks belonging to the Patent Office, and of certificates of registra- tion, authenticated by the seal of the Patent Office and certified by the Commissioner thereof, shall be evidence in all cases wherein the Originals Could be evidence; and any person making application there- for and paying the fee required by law shall have certified copies thereof. (Feb. 20, 1905, c. 592, § 11, 33 Stat. 727.) - ... • See §§ 7093 (2), 9499. § 9497. Duration of certificate of registra- tion, and renewal—A certificate of registration shall remain in force for twenty years, except that in the case of trade-marks previously registered in a foreign country such certificates shall cease to be in force on the day on which the trade-mark ceases to be pro- tected in such foreign country, and shall in no case remain in force more than twenty years, unless re- newed. time to time renewed for like periods On payment Of the renewal fees required by this Act, upon request by the registrant, his legal representatives, or trans- ferees of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the Certificates of registration were issued or renewed. Certificates of registration in force at the date at which this Act takes effect Shall remain in force for the period for which they were issued, but shall be renewable On the same Conditions and for the same periods as certificates issued under the provisions of this Act, and when so renewed shall have the same force and effect as Certificates issued under this Act. (Feb. 20, 1905, c. 592, § 12, 33 Stat. 727.) See § 95.16. § 9498. Cancellation of registration—Whenev- er any person shall deem himself injured by the reg- istration of a trade-mark in the Patent Office he may at any time apply to the Commissioner of Patents to Cancel the registration thereof. The Commissioner shall refer such application to the examiner in charge of interferences, who is empowered to hear and de- termine this question and who shall give notice there- of to the registrant. If it appear after a hearing be- fore the examiner that the registrant was not enti- tled to the use of the mark at the date of his appli- Certificates of registration may be, from cation for registration thereof, or that the mark is not used by the registrant, or has been abandoned, and the examiner shall so decide, the Commissioner shall Cancel the registration. Appeal may be taken to the Commissioner in person from the decision of . examiner of interferences. (Feb. 20, 1905, c. 592, § 13, 33 Stat. 728.) See § 9507. § 9499. Fees—The following shall be the rates for trade-mark fees: - On filing each Original application for registration of a trade-mark, ten dollars: Provided, That an ap- plication for registration of a trade-mark pending at the date of the passage of this Act, and on which Certificate of registration shall not have issued at Such date, may, at the option of the applicant, be proceeded with and registered under the provisions of this Act without the payment of further fee. On filing each application for renewal of the reg- istration of a trade-mark, ten dollars. On filing notice of opposition to the registration of a trade-mark, ten dollars. On an appeal from the examiner in charge of trade-marks to the Commissioner of Patents, fifteen dollars. - On an appeal from the decision of the examiner in charge of interferences, awarding ownership of a trade-mark or canceling the registration of a trade- mark, to the Commissioner of Patents, fifteen dollars. For certified and uncertified copies of certificates Of registration and Other papers, and for recording transfers and other papers, the same fees as requir- ed by law for such Copies of patents and for record- ing assignments and other papers relating to patents. (Feb. 20, 1905, c. 592, § 14, 33 Stat. 728.) See § 9482. § 9500. Same; application of R. S. §§ 4935, 4936, to—Sections forty-nine hundred and thirty-five and forty-nine hundred and thirty-six of the Revised Statutes, relating to the payment of patent fees and to the repayment of fees paid by mistake, are hereby made applicable to trade-mark fees. (Feb. 20, 1905, c. 592, § 15, 33 Stat. 728.) i R. S. §§ 4935-4936, are $$ 9483, 9484. - § 95.01. Evidence of ownership; infringement, and damages therefor—The registration of a tradle- mark under the provisions of this Act shall be prima. facie evidence of ownership. Any person who shall, without the Consent of the owner thereof, reproduce, Counterfeit, Copy, Or Colorably imitate any such trade- mark and affix the same to merchandise of substan- tially the Same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, Wrappers, or receptacles intended to be used upon or in connection with the sale of merchan- dise of substantially the same descriptive properties as those set forth in such registration, and shall use, Or shall have used, such reproduction, counterfeit, Copy, Or Colorable imitation in commerce among the several States, or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and when- ever in any Such action a Verdict is rendered for the plaintiff, the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances Of the Case, not exceeding three times the amount of such verdict, together with the costs. (Feb. 20, 1905, c. 592, § 16, 33 Stat. 728.) See §§ 9504, 9514. - § 95G2. Jurisdiction of suits respecting—The circuit and territorial Courts Of the United States. and the Supreme Court of the District of Columbia. shall have Original jurisdiction, and the circuit courts of appeal of the United States and the court of ap- peals of the District of Columbia shall have appellate jurisdiction of all suits at law or in equity respecting trade-marks registered in accordance with the pro- & 9502 (Tit. 60 TRADE-MARKS visions of this Act, arising under the present Act, without regard to the amount in controversy. (Feb. 20, 1905, c. 592, § 17, 33 Stat. 728.) See §§ 991 (7), 1266–1268, 9505. - $ 9503. Certiorari for review by Supreme Court—Writs Of Certiorari may be granted by the Supreme Court of the United States for the review of cases arising under this Act in the same manner as provided for patent Cases by the Act creating the circuit Court of appeals. (Feb. 20, 1905, c. 592, § 18, 33 Stat. 729.) - Provisions for review mentioned herein are contained in fºreh 3, 1891, c. 517, § 6, 26 Stat. 828, superseded by § 9504. Power to grant injunctions; recovery of damages; assessment of profits and damages— The several Courts wested with jurisdiction of Cases arising under the present Act shall have power to grant injunctions, according to the COurse and prin- ciples of equity, to prevent the violation of any right Of the Owner of a trade-mark registered under this Act, on such terms as the court may deem reasonable; and upon a decree being rendered in any such Case for wrongful use of a trade-mark the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the Com- plainant has sustained thereby, and the Court shall assess the Same or Cause the same to be a SSessed un- der its direction. The Court shall have the same pow- er to increase Such damages, in its discretion, as iS given by section sixteen of this Act for increasing damages found by verdict in actions of law; and in assessing profits the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of Cost which are Claimed. (Feb. 20, 1905, c. 592, § 19, 33 Stat. 729.) Section 16 of this act is § 9501. See § 9514. § 9505. Order for destruction of infringing labels; service of injunction, and proceedings for enforcement—In any case involving the right to a trade-mark registered in accordance with the pro- visions of this Act, in which the verdict has been found for the plaintiff, or an injunction issued, the court may order that all labels, signs, prints, pack- ages, wrappers, or receptacles in the possession of the defendant, bearing the trade-mark Of the plaintiff Or complainant, or any reproduction, counterfeit, Copy, or colorable imitation thereof, shall be delivered up and destroyed. Any injunction that may be granted upon hearing, after notice to the defendant, to pre- vent the violation of any right of the owner of a trade-mark registered in accordance with the pro- visions of this Act, by any circuit Court Of the United States, or by a judge thereof, may be served On the parties against Whom such injunction may be grant- ed anywhere in the United States where they may be found, and shall be Operative, and may be enforc- ed by proceedings to punish for contempt, or other- Wise, by the Court by which such injunction was granted, or by any other circuit court, or judge there- of, in the United States, or by the Supreme Court of the District Of Columbia, or a judge thereof. The said courts, or judges thereof, shall have jurisdiction to enforce said injunction, as herein provided, as fully as if the injunction had been granted by the circuit COurt in which it is SOught to be enforced. The clerk of the Court or judge granting the injunction shall, when required to do so by the court before which application to enforce said injunction is made, trans- fer without delay to said court a certified copy of all the papers On which the said injunction was granted that are on file in his office. (Feb. 20, 1905, c. 592, § 20, 33 Stat. 729.) - § 9506. ment—NO action or suit shall be maintained under the proVisions Of this Act in any case when the trade- Imark is used in unlawful business, or upon any ar- ticle injurious in itself, or which mark has been [Page 1536] by this A.Ct. Restrictions on actions for infringe- used with the design of deceiving the public in the purchase of merchandise, or has been abandoned, or upon any Certificate of registration fraudulently Ob- tained. (Feb. 20, 1905, c. 592, § 21, 33 Stat. 729.) § 9507. Suits involving interfering registered trade-marks—Whenever there are interfering regis- tered trade-marks, any perSOn interested in any One Of them may have relief against the interfering regis- trant, and all persons interested under him, by Suit in equity against the Said registrant ; and the Court, On notice to adverse parties and other due proceed- ings had according to the course of equity, may ad- judge and declare either of the registrations void in whole or in part according to the interest Of the par- ties in the trade-mark, and may Order the certificate of registration to be delivered up to the Commission- er of Patents for cancellation. (Feb. 20, 1905, c. 592, § 22, 33 Stat. 729.) - - § 95.08. Existing rights and remedies preserv- ed—Nothing in this Act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any Wrongful use Of any trade- mark might have had if the provisions of this Act had not been passed. (Feb. 20, 1905, c. 592, § 23, 33 Stat. 730.) See § 95.16. \ § 9509. Pending applications for registration —All applications for registration pending in the of fice Of the Commissioner of Patents at the time of the passage of this Act may be amended with a view to bringing them, and the Certificate issued upon such applications, under its provisions, and the prosecu- tion of such applications may be proceeded with un- der the provisions of this Act. (Feb. 20, 1905, c. 592, § 24, 33 Stat. 730.) § 95.10. Damages from registration procured by false or fraudulent declaration or means—Any perSOn Who Shall procure registration of a trade- mark, or entry thereof, in the office of the Commis- sioner of Patents by a false or fraudulent declaration or representation, Oral Or in writing, or by any false means, shall be liable to pay any damages sustained in Consequence thereof to the injured party, to be re- covered by an action. On the case. (Feb. 20, 1905, c. 592, § 25, 33 Stat. 730.) § 9511. Regulations for proceedings for reg- istration—The Cominissioner Of Patents is authoriz- ed to make rules and regulations, not inconsistent With law, for the Conduct Of proceedings in refer- ence to the registration of trade-marks provided for (Feb. 20, 1905, c. 592, § 26, 33 Stat. 730.) § 95 12. Classes of Imerchandise for purpose of registration—The Commissioner of Patents shall establish classes of merchandise for the purpose of trade-mark registration, and shall determine the par- ticular descriptions of goods comprised in each class. On a single application for registration of a trade- mark the trade-mark may be registered at the Option of the applicant for any or all goods upon Which the mark has actually been used Comprised in a single class of merchandise, provided the particular descrip- tions of goods be stated. (May 4, 1906, c. 2081, § 2, 34 Stat. 169.) § 9513. Articles imported, copying or simu- lating trade-name or registered trade-mark, Ilot admitted to entry—No article of imported merchan- dise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this Act, or shall bear a name or mark Calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any for- eign country or locality other than the country or Ch. 3) & 9516 COPYRIGHTS IPage 1537] locality in which it is in fact manufactured, shall be admitted to entry at any custom-house of the United States; and, in Order to aid the Officers of the customs in enforcing this prohibition, any domestic manufac- turer Or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the ad- vantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manu- factured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the pro- visions of this Act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secre- tary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. (Feb. 20, 1905, c. 592, § 27, 33 Stat. 730.) 4}. § 9514. of infringement for recovery of damages—It shall be the duty of the registrant to give notice to the public that a trade-mark is registered, either by affix- ing thereon the words “Registered in U. S. Patent Office,” or abbreviated thus, “Reg. U. S. Pat. Off.,” or when, from the character or size of the trade-mark, or from its manner of attachment to the article to which it is appropriated, this can not be done, then by affixing a label containing a like notice to the pack- age or receptacle Wherein the article Or articles are inclosed ; and in any suit for infringement by a party failing so to give notice of registration no damages shall be recovered, except on proof that the defendant was duly notified Of infringement, and continued the same after such notice. (Feb. 20, 1905, c. 592, § 28, 33 Stat. 730.) See § 9515. § 9515. Construction of act; definitions—In construing this Act the following rules must be ob- served, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all territory which is under the jurisdiction and control of the United States. The word “States” includes and embraces the District of Columbia, the Territories of the United States, and such other territory as shall be under the jurisdiction and control of the United States. The terms “person” and “Owner,” and any Other WOrd Or term used to . designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this Act, include a firm, corporation, or association as well as a natural person. The term “applicant” and “registrant” embrace the Successors and assigns of such applicant or registrant. The term “trade-mark” includes any mark which is entitled to registration under the terms of this Act and whether registered or not and a trade-mark shall be deemed to be “affix- ed” to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, Or with which the goods are packed Or inclosed or otherwise prepared for sale or distribution. (Feb. 20, 1905, c. 592, § 29, 33 Stat. 731.) - § 95.16. Time of taking effect of act; repeal —This Act shall be in force and take effect April first, nineteen hundred and five. All Acts and parts of Acts inconsistent With this Act are hereby repealed except so far as the same may apply to certificates of regis- tration issued under the Act of Congress approved March third, eighteen hundred and eighty-one, entitled COMP.S.T.’18—97 Notice of registration affixed to trade- mark or to package; notice of registration or || “An Act to authorize the registration of trade-marks and protect the same,” or under the Act approved August fifth, eighteen hundred and eighty-two, enti- tled “An Act relating to the registration of trade- marks.” (Feb. 20, 1905, c. 592, § 30, 33 Stat. 731.) Act March 3, 1881, c. 138, 21 Stat. 502, and Act Aug. 5, 1882, c. 393, 22 Stat. 298, were superseded by this act, ex- cept as provided by this section. Chapter Three—Copyrights Exclusive rights as to copyrighted works. Registration of prints and labels. Rights of author or proprietor of unpublished work. Protection of component parts of work already copy, righted; composite works or periodicals. All writings of author included. Sec. 9517. 9517a. 9518. 9519. 9520. 9521. Classification of applications for registration. . 9522. Copyright on compilations of works in public domain or of copyrighted works; subsisting copyrights not affected. 9523. Copyright not to subsist in works in public domain, or published prior to act and not already copyrighted, or government publications; publication by government - of copyrighted material. 9524. Authors or proprietors entitled; aliens. 9525. Certificate of registration or of copyright to be issued in case of foreign exhibits at Panama-Pacific Interna- tional Exposition. 9526. Same; infringement of rights protected; injunction; damages; impounding articles during pendency of - action; destruction of articles. . - - - ------ 9527. Same; punishment for infringement. 9528. Same; laws applicable to actions for infringement. 9529. Same; beginning and ending of protection to exhibits. 9530. Publication of work with notice. 9531. Registration of claim and issuance of certificate. 9532. Works not reproduced for sale. 9533. Deposit of copies after publication; action or proceed- ing for infringement. - - 9534. Same; failure to deposit; demand; penalty. 9535. Same; postmaster’s receipt; transmission by mail with- out cost. 9536. Mechanical work to be done in United States. 9537. Affidavit to accompany copies. 9538. Making false affidavit. 9539. Notice; form. - 9540. Same; place of application of; one notice in each vul- ume or number of newspaper or periodical. 9541. Same; effect of accidental omission from copy or copies. 9542. Ad interim protection of book published abroad. 9543. Same; extension to full term. 9544. Duration; renewal. 9545. Same; renewal; subsisting copyrights. 9546. Infringement. *. (a) Injunction. (b) Damages and profits; amount; other remedies. (c) Impounding during action. - (d) JDestruction of infringing copies and plates. (e) Royalties for use of mechanical reproduction of musical works. + Rules of procedure. . 9547. Jurisdiction of courts in enforcing remedies. 9548. Joinder of proceedings for different remedies. 9549. Willful infringement for profit. 9550. Fraudulent notice of copyright, or removal or alteration of notice. 9551. Importation of article bearing false notice, or piratical copies of copyrighted work. 9552. Importation, during existence of copyright, of piratical - copies, or of copies not produced in accordance with section 15 of act. 9553. Forfeiture and destruction of articles prohibited impor- tation. 9554. Regulations to prevent importation in mails of articles prohibited. - 9555. Jurisdiction of actions under laws. 9556. District in which actions under act may be brought. 9557. Injunctions; service and enforcement. . 9558. Transmission of certiffed copies of papers for enforce- ment of injunction by other court. - 9559. Review of orders, judgments, or decrees. 9560. Limitation of criminal proceedings. 9561. Costs in actions under act; attorney’s fees. 9562. Copyright distinct from property in object copyrighted; effect of sale of object, and of assignment of copy- right. - 9563. Assignments. - - 9564. Same; executed in foreign country; acknowledgment and certificate. 9565. Same; record. 9566. Same; certificate of record. 9567. Same; use of name of assignee in notice. 9568. Copyright Office; preservation of records. 9569. Register; appointment; Salary; assistants. 9570. Same; deposit of moneys received; reports. 9571. Same; bond. 9572. Same; annual report. A 9517 (Tit. 60 COPYRIGHTS [Page 1538I . Sec. 9573. 9574. Seal of Copyright office. Rules for registration of claims. 9575. Record books in Copyright Office. 9576. Certificate of registration; effect as evidence; receipt for COpies deposited. 9577. Catalogues of copyright entries; effect as evidence. 95.78. 9579. 9580. 9581. Same; distribution and sale; disposal of proceeds. Records and works deposited in Copyright Office open to public inspection; taking copies of entries. Disposition of articles deposited in Office. Destruction of articles deposited in Office remaining un- disposed of; removal of by author or proprietor; man- uscripts of unpublished works. 9582. Fees. 9583. Terms defined. 9584. Repeal; causes of action for infringements before act not affected. (R. S. §§ 4948–4971. Superseded.) These sections, constituting chapter 3 of this title of the Revised Statutes, as well as subsequent statutes amenda- tory thereof or additional thereto, were Superseded by the provisions relating to the same subject of the Copyright Act of March 4, 1909, c. 320 (§§ 9517–9524, 9530-9584), sec- tion 63 of which (§ 9584) repealed all laws or parts of laws in conflict with the provisions Of the act, but pro- vided that causes of action for infringement of copyright ...theretofore committed should not be affected. See § 9517 and notes thereto. § 9517. Exclusive rights as to copyrighted works—Any person entitled thereto, upon Comply- ing with the provisions of this Act, shall have the exclusive right: - (a) To print, reprint, publish, copy, and Vend the copyrighted WOrk; - (b) To translate the copyrighted work into other languages or dialects, or make any other Version there- of, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel Or Other nondramatic work if it be a drama ; to arrange Or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a Work Of art; • , (c) To deliver or authorize the delivery of the copy- righted work in public for profit if it be a lecture, Sermon, address, Or similar production; - (d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to Vend any manuscript or any record whatsoever thereof; to make or to procure the making of any transcription or rec- ord thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever; (e) To perform the copyrighted work publicly for profit if it be a musical composition and for the pur- pose of public performance for profit; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this Act, so far as they secure copy- . right controlling the parts of instruments serving to reproduce mechanically the musical work, Shall in- clude only compositions published and copyrighted after this Act goes into effect, and shall not include the Works Of a foreign author or COmposer unless the foreign state or nation of which such author Or Com- poser is a citizen or subject grants, either by treaty, Convention, agreement, Or law, to Citizens Of the Unit- ed States-similar rights: And provided further, and as a condition of extending the copyright control to such mechanical reproductions, That whenever the . Owner of a musical copyright has used or permitted or know- ingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce ..mechanically the musical work, any other person may make similar use of the Copyrighted work upon the payment to the copyright proprietor of a royalty of two cents on each Such part manufactured, to be paid by the manufacturer thereof; and the copyright pro- prietor may require, and if so the manufacturer shall furnish, a report under Öath on the twentieth day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royal- ties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this section shall free the articles Or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: And provided further, That it shall be the duty of the Copyright Owner, if he uses the musical Composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical Work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the Copy- right Office, and any failure to file such notice shall be a complete defense to any suit, action, or proceed- ing for any infringement of such copyright. In case of the failure of such manufacturer to Day to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at Said rate at the date of such demand the court may aWard taxable costs to the plaintiff and a reasonable Counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount. The reproduction or rendition of a musical COmposi- tion by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place where such re- production or rendition occurs. (March 4, 1909, c. 320, § 1, 35 Stat. 1075.) - & This act (Act March 4, 1909, c. 320) superseded R. S. §§ 4948-4971, Which originally constituted this chapter of the Revised Statutes, and all subsequent provisions amenda- tory thereof or additional thereto. S. § 4948, provided that copyrights should be under the charge of the Librarian of Congress, under the super- Vision of the joint committee of Congress on the Library. R. S. § 4949, provided that the seal of the Librarian of Congress should be used for the authentication of all rec- Ords, etc., Connected with copyrights. It was .superseded Specifically by section 52 of this act, post, $ 9573. R. S. § 4950, related to the bond of the Librarian of Congress, and was superseded by subsequent provisions of hºme nature of Act Feb. 19, 1897, c. 265, § 1, ante, R. S. § 4951, required the Librarian of Congress to re- port annually to Congress the number and description of Copyright publications entered during the year. R. S. § 4952, as amended by Act March 3, 1891, c. 565, § 1, 26 Stat. 1106, and Act, March 3, 1905, c. 1432, 33 Stat. 1000, prescribed what publications might be entered for Copyright, and by whom such entries might be made. R. S. § 4953, prescribed the term of copyrights. R. S. § 4954, as amended by Act March 3, 1891, c. 565, § 2, 26 Stat. 1107, prescribed the term for which copyrights Inight be continued. - R. S. § 4955, provided for the assignment of copyrights, and the recording of such assignments. R. S. $, 4956, as amended by Act. March 3, 1891, c. 565, § 3, 26 Stat. 1107, provided for the deposit of titles and pub- lished copies. - R. S. § 4957, provided for the record of entries of copy- righted books, etc., and for attested copies thereof. f R. S. § 4958, as amended by Act March 3, 1891, c. 565, § 4, 26 Stat. 1108, prescribed the fees to be paid for services rendered in the copyrighting of books, etc. R. S. § 4959, as amended by Act, March 3, 1891, c. 565, § 5, 26 Stat. 1108, provided for deposit with the Librarian of Congress of copies of copyrighted books, etc. R. S. § 4960, prescribed the penalty for failure to com- ply with sections 4956 and 4959. R. S. § 4961, required postmasters to give receipts for books, etc., deposited for forwarding to the Librarian of Congress, and to mail them to their destination. R. S. § 4962, provided for the publication of notice of entry for copyright. It was superseded by the provisions for that purpose contained in Act June 18, 1874, c. 301, § 1, 18 Stat. 78. - R. S. § 4963, as amended by Act March 3, 1891, c. 565, § 6, 26 Stat. 1109, and Act March 3, 1897, c. 392, § 1, 29 Stat. 694, prescribed a penalty for the false publication of Ch. 3) & 9523 COPYRIGHTS IPage 1539] notices of entry or the importation of articles bearing Such noticeS. R. S. § 4964, as amended by Act March 3, 1891, c. 565, § 7, 26 Stat. 1109, authorized the recovery of damages for violations of copyrights of books. R. S. § 4965, as amended by Act March 3, 1891, c. 565, § 8, 26 Stat. 1109, and Act March 2, 1895, c. 194, 28 Stat. 965, authorized the recovery of damages for violations of copy- rights of maps, charts, prints, etc. S. § 4966, as amended by Act Jan. 6, 1897, c. 4, 29 Stat. 481, authorized the recovery of damages, for violations of copyrights of dramatic or musical compositions. R. S. § 4967, as amended by Act March 3, 1891, c. 565, § 9, 26 Stat. 1109, authorized the recovery of damages for printing or publishing manuscripts without the consent of the author or proprietor. R. S. § 4968, prescribed a limitation of actions in copy- right cases. R. S. § 4969, prescribed the defenses which might be made to actions in copyright cases. e R. S. § 4970, authorized the issue of injunctions in copy- right cases. R. S. § 4971, provided that the chapter should not be construed to prohibit the printing, publishing, importation, or sale of any book, etc., written, etc., by a person not a citizen or resident of the United States. It Was eX- pressly repealed by Act March 3, 1891, c. 565, § 10, 26 Stat. 1109. e Act June 18, 1874, c. 301, § 1, 18 Stat. 78, provided for the publication of notice of entry of copyright, and pre- scribed forms for such notices. º Act June 18, 1874, c. 301, § 3, 18 Stat. 79, provided that the words “engraving,” “cut,” and “print” should be applied only to pictorial illustrations, or works connected with the fine arts, and that no prints or labels designed to be used for any other article of manufacture should be entered under the copyright law, but that they might be registered in the Patent Office. tº Act Aug. 1, 1882, c. 366, 22 Stat. 181, provided... that manufacturers of designs for molded decorative articles, tiles, placques, or articles of pottery or metal subject to copyright might put the copyright mark prescribed by R. S. § 4.962, upon the back or bottom of such articles, etc. Act March 3, 1891, c. 565, § 11, 26 Stat. 1109, provided that each volume of a book in two or more volumes, when such volumes were published separately, and each number of a periodical, should be considered an independ- ent publication. Act March 3, 1891, c. 565, , § 13, 26 Stat. 1110, related to copyrights by citizens or subjects of foreign countries. Åct March 3, 1893, c. 215, 27 Stat. 743, provided that any author, etc., who had failed to deliver to the Librarian of Congress the copies, etc., required Within the time limit prescribed, might deliver such copies, etc., before March i, 1893, and thereby become entitled to. his copyright, etc. These acts were all superseded by this act. . No Government publication is to be copyrighted, by a provision of the Printing and Binding Act of Jan. 12, 1895, c. 23, § 52 (§ 7020). - - º Provisions extending temporarily the time, for filing ap- plication for registration of any print O. label were made • by Act Aug. 17, 1916, c. 350 (§§ 9438a–9438c). § 9517a. Registration of prints and Iabels— In the construction of this act, the words “Engraving,” “cut” and “print” shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other article of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity With the regulations provided by law as to Copyright Of prints, except that there shall be paid for recording the title of any print Or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the Seal of the Commissioner of Patents, to the party entering the same. (June 18, 1874, c. 301, § 3, 18 Stat. 79.) This section was not repealed by the Copyright Act of 1909, Act March 4, 1909, c. 320. See (1909) 28 Op. Atty. Gen. 116; Stecher Lithographic Co. v. Dunston Lithographic Co. (D. C. 1916) 233 Fed. 601. See, also, $ 9517 and notes. Since this section omits chromos, registration thereof is not necessary to obtain a copyright. Stecher Lithographic Co. v. Dunston Lithograph Co. (D. C. 1916) 233 Fed. 601, § 9518. Rights of author or proprietor of unpublished work—Nothing in this Act shall be Construed to annul or limit the right of the author or proprietor of an unpublished work, at common law Or in equity, to prevent the copying, publication, or use of Such unpublished work without his consent, and to obtain damages therefor. (March 4, 1909, c. 320, § 2, 35 Stat. 1076.) § 9519. Protection of component parts of work already copyrighted; composite works or periodicals—The copyright provided by this Act shall protect all the copyrightable component parts of the Work copyrighted, and all matter therein in which Copyright is already subsisting, but without extending the duration or scope of such copyright. The Copy- right upon composite Works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were in- dividually copyrighted under this Act. (March 4, 1909, c. 320, § 3, 35 Stat. 1076.) - § 9520. All writings of author included—The Works for which copyright may be secured under this Act shall include all the writings of an author. (March 4, 1909, c. 320, § 4, 35 Stat. 1076.) § 9521. Classification of applications for reg- istration—The application for registration shall Spec- ify to which of the following classes the Work in which copyright is claimed belongs: (a) Books, including composite and cyclopedic works, directories, gazetteers, and other compila- tions; (b) Periodicals, including newspapers; (c) Lectures, sermons, addresses (prepared for oral delivery); - ~~ (d) Dramatic or dramatico-musical Compositions; (e) Musical compositions; (f) Maps; (g) Works of art; art; d (h) Reproductions of a work of art; (i) Drawings or plastic works of a scientific or technical character; (j) Photographs; (k) Prints and pictorial illustrations; (1) Motion-picture photoplays ; (m) Motion pictures other than photoplays: Provided, nevertheless, That the above Specifica- tions Shall not be held to limit the Subject matter of Copyright as defined in section four of this Act, nor shall any error in classification invalidate or impair the Copyright protection Secured under this Act. (March 4, 1909, c. 320, § 5, 35 Stat. 1076, amended, Aug. 24, 1912, c. 356, 37 Stat. 488.) § 9522. Copyright on compilations of works in public domain or of copyrighted works; sub- sisting copyrights not affected—Compilations Ol' abridgments, adaptations, arrangements, dramatiza- tions, translations, or other versions of works in the public domain, or Of Copyrighted works when produced with the consent of the proprietor of the Copyright in such works, or works republished with new matter, Shall be regarded as new works Subject to copyright under the provisions of this Act; but the publication. Of any Such new Works shall not af- fect the force or validity of any subsisting copyright upon the matter employed Or any part thereof, or be Construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works. (March 4, 1909, c. 320, § 6, 35 Stat. 1077.) § 9523. Copyright not to subsist in works in public domain, or published prior to act and not already copyrighted, or government publi- cations; publication by government of copyright- ed material—No Copyright shall subsist in the origi- nal text of any work which is in the public domain, or in any work which was published in this country or any foreign Country prior to the going into effect of this Act and has not been already copyrighted in the United States, Or in any publication of the Unit- ed States Government, or any reprint, in whole or in part, thereof: Provided, however, That the pub- lication or republication by the Government, either models or designs for WOrks of a 9524 (Tit. 60 COPYRIGHTS [Page 1540] separately or in a public document, of any material in which copyright is subsisting shall not be taken to Cause any abridgement Or annulment Of the Copy- right or to authorize any use or appropriation of Such Copyright material without the Consent Of the Copyright proprietor. (March 4, 1909, c. 320, § 7, 35 Stat. 1077.) § 9524. Authors or proprietors, entitled; aliens—The author or proprietor of any work made the subject of copyright by this Act, or his execu- tors, administrators, or assigns, shall have copyright for such work under the conditions and for the terms specified in this Act: Provided, however, That the COpyright secured by this Act shall extend to the WOrk of an author or proprietor who is a citizen or Subject of a foreign state or nation, only: (a) When an alien author or proprietor shall be dOmiciled within the United States at the time of the first publication of his work; or - (b) When the foreign state or nation of which such author Or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright On Substantially the same basis as to its own citi- Zens, Or Copyright protection substantially equal to the protection secured to such foreign author under this Act Or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto. The existence of the reciprocal conditions afore- Said shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this Act may require. (March 4, 1909, c. 320, § 8, 35 Stat. 1077.) Proclamations issued under this section: April 3, 1918, as follows, omitting formal portions: “Whereas there has been received from the Government of Great Britain satisfactory official assurance that the Government of Australia has issued an Order in Council, effective March 15, 1918, providing that the existing copy- right law of that country and the territories of Papua and Norfolk Island, including the provisions as to existing Works, shall, Subject to the provisions of the said law and of the said Order, apply: “(a) to literary, dramatic, musical and artistic works the authors, whereof were at the time of the making of the Works citizens of the United States of America in like manner as if the authors were British subjects: “(b) in respect of residence in the United States of Amer- ica in like manner as if such residence had been residence in the Commonwealth of Australia and the territories of Papua and Norfolk Island: - “Provided That— “(I) the term of copyright within the Commonwealth of Australia, and the territories of Papua and Norfolk Island shall not exceed that conferred by the law of the United States of America.; - - “(II) the enjoyment of the rights conferred by this Or- der Shall be subject to the accomplishment of the condi- tions and formalities prescribed by the law of the United States of America.; “(III) in the application to existing works of the provi- sions of Section 24 of the Imperial Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in sub-section 1 (b). “Now, therefore, I, Woodrow Wilson, President of the United States of America, do declare and proclaim that one of the alternative conditions specified in section 8 (b) of the Act of March 4, 1909, now exists and is fulfilled in respect to the citizens of Australia, and the territories of Papua, and Norfolk Island, and that such citizens shall be entitled to all the benefits of section 1 (e) of the said Act, including ‘copyright controlling the parts of instruments serving to reproduce mechanically the musical work’ in the case of all musical compositions by composers of Aus- tralia, and the territories of Papua and Norfolk Island pub- lished and duly registered in the United States on and after March 15, 1918, for copyright in the United States.” May 24, 1918, omitting formal portions, as follows: “Whereas satisfactory official assurance has been given that in France the law now permits to citizens of the United States similar rights to those accorded in section. I (e) of the Act of March 4, 1909: “Now, therefore, I, Woodrow Wilson, President of the United States of America, do declare and proclaim that one of the alternative conditions specified in section 8 (b) of the Act of March 4, 1909, now exists and is fulfilled in respect to citizens of France, and that the citizens of that country are entitled to all the benefits of section I (e) of the said act, including ‘copyright controlling the parts of instruments serving to reproduce mechanically the musical work’ in the case of all musical compositions by French composers published and duly registered in the United States on and after the date hereof.” § 9525. Certificate of registration or of copy- right to be issued to in case of foreign exhibits at Panama-Pacific International Bxposition—The Librarian of Congress and the Commissioner of Pat- ents are hereby authorized and directed to establish a branch office under the direction of the Register of Copyrights and the Commissioner of Patents at the Panama-Pacific International Exposition, in suitable quarters to be furnished free of charge by the Pana- ma-Pacific International Exposition Company, said Office to be established not later than July first, nine- teen hundred and fourteen, and maintained until the close of said exposition; and the proprietor of any certificate of registration, copyright, trade-mark, or patent issued by any foreign Government protecting any pattern, model, design, copyright, trade-mark, or manufactured article imported for exhibition and ex- hibited at Said Panama-Pacific International Exposi- tion may, upon presentation of satisfactory proof. Of such proprietorship, Obtain without charge a certifi- cate from said branch Office, which shall be legal evi- dence of such proprietorship; and said branch office shall keep a register of all certificates of registra- tion, trade-mark, or patent, and a register Of all Cer- tificates of Copyright issued, which shall be Open to public inspection. At the close of said Panama-Pacific International Exposition the register of certificates of registration, trade-mark, or patent shall be deposited in the Unit- ed States Patent Office at Washington, District of Columbia, and the register of certificates of copyright shall be deposited in the Copyright Office of the Li- brary of Congress at Washington, District of Colum- bia. (Sept. 18, 1913, c. 14, § 2, 38 Stat. 112.) § 9526. Same; infringement of rights pro- tected; injunction; damages; impounding ar- ticles during pendency of action; destruction of articles—It shall be unlawful for any person Without authority of the proprietor thereof to copy, imitate, reproduce, or republish any pattern, model, design, trade-mark, copyright, or manufactured article pro- tected by the laws of any foreign country by regis- tration, copyright, patent, or otherwise, which shall be imported for exhibition at the Panama-Pacific In- ternational Exposition, and there exhibited; and any person who shall infringe the rights protected under this Act shall be liable— (a) To an injunction restraining such infringement; (b) To pay to the proprietor such damages as the proprietor may have suffered due to the infringement, as well as all the profits which the infringer may have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the Court shall appear to be just; - (c) To deliver up on Oath, to be impounded during the pendency Of the action, upon such terms and Con- ditions as the COurt may prescribe, all articles alleg- ed to infringe the rights herein protected ; (d) To deliver up on Oath for destruction all the infringing articles, as Well as all means and devices for making such infringing articles. (Sept. 18, 1913, c. 14, § 3, 38 Stat. 113.) - § 9527. Same; punishment for infringement —Any person who willfully and for profit shall in- fringe any right protected under this Act, or who shall knowingly and willfully aid or abet such in- fringement, shall be deemed guilty of a misdemean- or, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine Ch. 3) & 9537 COPYRIGFITS [Page 1541.I of not less than $100 nor more than $1,000, or both, in the discretion of the court. (Sept. 18, 1913, c. 14, § 4, 38 Stat. 113.) - § 9528. Same; laws applicable to aetions for infringement—Sections twenty-five, twenty-six, twen- ty-Seven, thirty-four, thirty-five, thirty-six, thirty-sev- en, thirty-eight, thirty-nine, and forty of the copy- right Act approved March fourth, nineteen hundred and nine, are hereby made applicable to civil actions authorized to be brought under the provisions of this Act. (Sept. 18, 1913, c. 14, § 5, 38 Stat. 113.) mºtions of Act of 1909, mentioned, are $$ 9546-9548, 9555- § 9529. Same; beginning and ending of pro- tection to exhibits—The rights protected under the provisions of this Act shall begin on the date of the arrival of the pattern, model, article, trade-mark, or manufactured article so im- ported for exhibition within the grounds of the Pa- nama-Pacific International Exposition at San Fran- Cisco, and shall continue for a period of three years from the date of the closing of said exposition. (Sept. 18, 1913, c. 14, § 6, 38 Stat. 113.) § 9530. Publication of work with notice— Any person entitled thereto by this Act may secure copyright for his work by publication thereof with the notice of Copyright required by this Act; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twen- ty-one of this Act. (March 4, 1909, c. 320, § 9, 35 Stat. 1077.) . Section 21 of this act is $ 9542. § 9531. Registration of claim and issuance of certificate—Such person may Obtain registration Of his claim to copyright by complying with the provi- sions of this Act, including the deposit of copies, and upon such compliance the register of Copyrights shall issue to him the certificate provided for in Section fifty-five of this Act. (March 4, 1909, c. 320, § 10, 35 Stat. 1078.) Section 55 of this act is § 9576. . § 9532. Works not reproduced for sale—Copy- right may also be had of the works of an author, Of which copies are not reproduced for sale, by the de- posit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramatico-musical composi- tion; of a title and description, with one print taken from each scene or act, if the work be a motion-pic- ture photoplay; of a photographic print if the work be a photograph ; of a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a photograph Or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But the privilege Of registration of Copyright Secured hereunder shall not exempt the Copyright proprietor from the deposit of COpies, under Sections twelve and thirteen of this Act, where the work is later reproduced in copies for sale. (March 4, 1909, c. 320, § 11, 35 Stat. 1078, amended, Aug. 24, 1912, c. 356, 37 Stat. 488.) Sections 12 and 13 of this act are $$ 9533, 9534. § 9533. Deposit of copies after publication; action or proceeding for infringement—After copyright has been secured by publication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copyright Office Or in the mail addressed to the register of copyrights, Washington, District of Colum- bia, two complete copies of the best edition thereof then published, or if the work is by an author who is a citizen or Subject of a foreign state or nation and has been published in a foreign country, one complete copy of the best edition then published in such for- eign country, Which copies or copy, if the work be a design, copyrighted book or periodical, shall have been produced in ac- Cordance with the manufacturing provisions specified in Section fifteen of this Act; or if such work be a COntribution to a periodical, for which contribution Special registration is requested, one copy of the issue Or issues containing such contribution; or if the work is not reproduced in copies for sale there shall be deposited the copy, print, photograph, or other iden- tifying reproduction provided by section eleven of this Act, Such copies or copy, print, photograph, or other reproduction to be accompanied in each case by a Claim Of copyright. . No action or proceeding shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of Such work shall have been complied with. (March 4, 1909, c. 320, § 12, 35 Stat. 1078, amended, March 28, 1914, c. 47, § 1, 38 Stat. 311.) Sections 9, 11, and 15 of this act are $$ 9530, 9532, 9536. § 95.34. Same; failure to deposit; demand; penalty—Should the copies called for by Section twelve of this Act not be promptly deposited as here- in provided, the register of copyrights may at any time after the publication of the work, upon actual notice, require the proprietor of the copyright to de- posit them, and after the said demand shall have been . made, in default of the deposit of copies of the work within three months from any part of the United States, except an outlying territorial possession of the United States, or within six months from any Outlying territorial possession of the United States, Or from any foreign country, the proprietor of the COpyright shall be liable to a fine of one hundred dollars and to pay to the Library of Congress twice the amount of the retail price of the best edition of the work, and the copyright shall become void. (March 4, 1909, C. 320, § 13, 35 Stat. 1078.) Section 12 of this act, as amended, is § 9533. § 95.35. Same; postmaster’s receipt; trans- mission by mail without cost—The postmaster to whom are delivered the articles deposited as provided in sections eleven and twelve of this Act shall, if re- quested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant. (March 4, 1909, c. 320, § 14, 35 Stat. 1078.) Sections 11 and 12 of this act are $$ 9532, 9533. § 9536. Meehanical work to be done in United states—Of the printed book or periodical Specified in section five, subsections (a) and (b) of this Act, ex- cept the original text of a book of foreign Origin in a language or languages other than English, the text of all copies accorded protection under this Act, ex- cept as below provided, shall be printed from type Set within the limits of the United States, either by hand or by the aid of any kind of type-Setting machine, or from plates made within the limits of the United States from type set therein, or, if the text be pro- duced by lithographic process, or photo-engraving pro- cess, then by a process wholly performed within the limits of the United States, and the printing Of the text and binding of the said book shall be performed within the limits of the United States; which re- quirements shall extend also to the illustrations With- in a book consisting of printed text and illustrations produced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-en- gravings, except where in either case the subjects represented are located in a foreign country and illus- trate a scientific work or reproduce a Work of art ; but they shall not apply to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages other than English, or to books published abroad in the English language seek- ing ad interim protection under this Act. (March 4, 1909, c. 320, § 15, 35 Stat. 1078.) Section 5 of this act is § 9521. § 9537. Affidavit to accompany copies—In the case of the book the copies so deposited shall be ac- § 9538 (Tit. 60 COPYRIGHTs IPage 15421 companied by an affidavit, under the official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copy- right or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made with- in the limits of the United States from type set there- in ; Or, if the text be produced by lithographic pro- CeSS, or photo-engraving process, that such process was wholly performed within the limits of the United States and that the printing of the text, and binding Of the said book have also been performed within the limits of the United States. Such affidavit shall State also the place Where and the establishment Or estab- lishments in which such type was set or plates were made Or lithographic process, or photo-engraving pro- CeSS or printing and binding were performed and the date of the completion of the printing of the book or the date of publication. (March 4, 1909, c. 320, § 16, 35 Stat. 1079.) - § 95.38. Making false affidavit—Any person Who, for the purpose of obtaining registration of a Claim to Copyright, shall knowingly make a false affi- davit as to his having complied with the above condi- tions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall there- tºº forfeited. (March 4, 1909, c. 320, § 17, 35 Stat. 1079. - - - § 9539. Notice; form—The notice of copyright required by section nine of this Act shall consist ei- ther of the word “Copyright” or the abbreviation “Copr.”, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musi- Cal, or dramatic work, the notice shall include also the year in which the copyright was secured by pub- lication. In the case, however, of copies of works Specified in subsections (f) to (k), inclusive, of section five of this Act, the notice may consist of the letter C inclosed within a circle, thus: @), accompanied by the initials, monogram, mark, or symbol of the copy- right proprietor: Provided, That on some accessible portion of such copies or of the margin, back, perma- nent base, Or pedestal, or of the substance on which Such Copies shall be mounted, his name shall appear. But in the case of works in which copyright is sub- Sisting When this Act shall go into effect, the notice Of Copyright may be either in one of the forms pre- scribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hundred and seventy- four. (March 4, 1909, c. 320, § 18, 35 Stat. 1079.) • Section 9 of this act is § 9530. Act June 1874, c. 301, 18 Stat. 78, was superseded by this act. § 9540. Same; place of application of; one anotice in each volume or number of newspaper or periodical—The notice of copyright shall be ap- plied, in the Case of a book or other printed publica- tion, upon its title-page or the page immediately fol- lowing, or if a periodical either upon the title-page or upon the first page of text of each separate number Or under the title heading, or if a musical work either upon its title-page or the first page of music: Provid- ed., That One notice Of copyright in each volume or in each number of a newspaper or periodical published shall suffice. (March 4, 1909, c. 320, § 19, 35 Stat. 1079.) § 95.41. Same; effect of accidental omission from copy or copies—Where the copyright proprietor has sought to comply with the provisions of this Act With respect to notice, the omission by accident or mistake of the prescribed notice from a particular Copy or Copies shall not invalidate the copyright or prevent recovery for infringement against any person Who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the re- COVery of damages against an innocent infringer Who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable Outlay inno- cently incurred if the court, in its discretion, shall so direct. (March 4, 1909, c. 320, § 20, 35 Stat. 1080.) § 9542. Ad interim protection of book pub- lished abroad—In the case of a book published abroad in the English language before publication in this Country, the deposit in the copyright office, not later than thirty days after its publication abroad, of one Complete copy of the foreign edition, with a request for the reservation of the copyright and a statement Of the name and nationality of the author and of the Copyright proprietor and of the date of publication of the said book, shall Secure to the author or proprietor an ad interim Copyright, which shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty days after such deposit in the copyright office. (March 4, 1909, c. 320, § 21, 35 Stat. 1080.) - § 9543. Same; extension to full term—When- ever within the period of such ad interim protection an authorized edition of such book shall be published Within the United States, in accordance with the manufacturing provisions specified in section fifteen Of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be ex- tended to endure in Such book for the full term else- where provided in this Act. (March 4, 1909, c. 320, § 22, 35 Stat. 1080.) * Section 15 of this act is § 9536. § 9544. Duration; renewal—The copyright secur- ed by this Act shall endure for twenty-eight years from the date of first publication, whether the copy- righted work bears the author’s true name or is pub- lished anonymously or under an assumed name: Pro- vided, That in the case of any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright Was Originally secured by the proprietor thereof, or of any work copyrighted by a COrporate body (Otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor Of Such copyright shall be entitled to a renewal and extension of the copyright in Such work for the fur- ther term of twenty-eight years when application for Such renewal and extension shall have been made to the copyright office and duly registered therein within One year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclo- pedic or other composite work when such contribution has been separately registered, the author of such work, if still living, or the widow, widower, or chil- dren of the author, if the author be not living, or if Such author, widow, widower, or children be not liv- ing, then the author’s executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the Copyright in such work for a fur- ther term of twenty-eight years when application for Such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any Work shall determine at the expiration of twenty-eight years from first pub- lication. (March 4, 1909, c. 320, § 23, 35 Stat. 1080.) § 9545. Same; renewal; subsisting copyrights —The copyright subsisting in any work at the time when this Act goes into effect may, at the expiration of the term provided for under existing law, be renew- ed and extended by the author of such Work if still Ch. 3) 3 9549 * COPYRIGHTS [Page 15431 living, or the widow, widower, or children of the au- thor, if the author be not living, or if such author, widow, widower, or children be not living, then by the author's executors, or in the absence of a Will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, in- cluding the renewal period: Provided, however, That if the work be a composite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be entitled to the privilege of re- newal and extension granted under this section: Pro- vided, That application for such renewal and exten- Sion shall be made to the copyright office and duly registered therein within one year prior to the expira- tion of the existing term. (March 4, 1909, c. 320, § 24, 35 Stat. 1080.) § 9546. Infringement—If any person shall in- fringe the copyright in any work protected under the copyright laws of the United States Such person Shall be liable: (a) Injunction—(a) To an injunction restraining Such infringement: (b) Damages and profits; amount; other rem- edies—(b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffer- ed due to the infringement, as well as all the profits which the infringer shall have made from such in- fringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant Shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits Such damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter Stated, but in case of a newspaper reproduction of a Copyrighted photograph such damages shall not ex- ceed the sum of two hundred dollars nor be less than the sum of fifty dollars, and in the case of the in- fringement of an undramatized or nondramatic work by means of motion pictures, where the infringer Shall show that he was not aware that he was in- fringing, and that such infringement could not have been reasonably foreseen, such damages shall not ex- Ceed the sum of one hundred dollars; and in the Case of an infringement of a copyrighted dramatic Or dramatico-musical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribu- tion to exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages Shall in no Other case exceed the Sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements Occurring after the actual notice to a defendant, ei- ther by service of process in a suit or other written notice Served upon him. First. In the case of a painting, statue, or sculpture, ten dollars for every infringing copy made or sold by Or found in the possession of the infringer or his agents Or employees; - Second. In the Case of any Work enumerated in Sec- tion five of this Act, except a painting, statue, or sculpture, One dollar for every infringing Copy made or sold by or found in the possession of the infring- er or his agents Or employees; Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery; - . (e), of this Act: right office a duplicate of such notice; Fourth. In the case of a dramatic or dramaticO- musical Or a choral or Orchestral composition, One hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the Case of other musical compositions ten dollars for every infringing performance; (c) Impounding during action—(c) To deliver up On Oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a COpyright; (d) Destruction of infringing copies and plates —(d) To deliver up on oath for destruction all the infringing Copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order. . (e) Royalties for use of mechanical reproduc- tion of musical works—(e) Whenever the owner of a musical copyright has used Or permitted the use Of the Copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical Work, then in case of infringement Of Such COpyright by the unauthorized manufacture, use, Or Sale Of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-pro- ducing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and dam- ages a royalty as provided in section one, subsection Provided also, That whenever any perSOn, in the absence Of a license agreement, intends to use a Copyrighted musical composition upon the parts of instruments serving to reproduce mechanical- ly the musical work, relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copy- right proprietor at his last address disclosed by the records of the copyright office, sending to the copy- and in case of his failure so to do the court may, in its discre- tion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, sub- Section (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid. - - Rules of procedure—Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States. (March 4, 1909, c. 320, § 25, 35 Stat. 1081, amended, Aug. 24, 1912, c. 356, 37 Stat. 489.) See § 9528. - § 9547. Jurisdiction of courts in enforcing remedies—Any court given jurisdiction under section thirty-four of this Act may proceed in any action, suit, Or proceeding instituted for violation of any provision hereof to enter a judgment or decree en- forcing the remedies herein provided. (March 4, 1909, c. 320, § 26, 35 Stat. 1082.) See § 9528. § 9548. Joinder of proceedings. for different remedies—The proceedings for an injunction, dam- ages, and profits, and those for the Seizure Of infring- ing copies, plates, molds, matrices, and so forth, afore- mentioned, may be united in One action. (March 4, 1909, c. 320, § 27, 35 Stat. 1082.) - See § 9528. § 9549. Willful infringement for profit—Any person who willfully and for profit shall infringe any Copyright secured by this Act, or who shall knowingly and willfully aid Or abet such infringement, shall be deemed guilty Of a misdemeanor, and upon convic- tion thereof shall be punished by imprisonment for not exceeding One year Or by a fine of not less than One hundred dollars nor more than One thousand dol- lars, or both, in the discretion of the court: Provid- 3 9550 (Tit. 60 COPYRIGHTS * IPage 1544I ed, however, That nothing in this Act shall be SO construed as to prevent the performance of religious Or secular works such as Oratorios, Cantatas, maSSes, Or octavo choruses by public Schools, church Choirs, or vocal societies, rented, borrowed, or obtained from some public library, public schooſ, Church Choir, SChool choir, or Vocal society, provided the performance is given for charitable or educational purposes and not for profit. (March 4, 1909, c. 320, § 28, 35 Stat. 1082.) § 9550. Fraudulent notice of copyright, or removal or alteration of notice—Any person Who, with fraudulent intent, shall insert or impress any notice of copyright required by this Act, or words of the same purport, in or upon any uncopyrighted article, or -with fraudulent intent shall remove or alter the Copyright notice upon any article duly Copyrighted shall be guilty of a misdemeanor, punish- able by a fine of not less than one hundred dollars and not more than One thousand dollars. Any perSOn who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted in this country, or who shall know- ingly import any article bearing Such notice or words Of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hun- dred dollars. (March 4, 1909, c. 320, § 29, 35 Stat. 1082.) § 9551. Importation of article bearing false notice or piratical copies of copyrighted work— The importation into the United States of any article bearing a false notice of copyright when there is no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the TJnited States, is prohibited. (March 4, 1909, c. 320, § 30, 35 Stat. 1082.) § 9552. Importation, during existence of copyright, of piratical copies, or of copies not produced in accordance with section 15 of act— During the existence of the American Copyright in any book the importation into the United States of any piratical Copies thereof or of any copies thereof (al- though authorized by the author or proprietor) which have not been produced in accordance with the manu- facturing provisions Specified in Section fifteen Of this Act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photo- engraving process not performed within the limits of the United States, in accordance with the provisions of section fifteen of this Act, shall be, and is hereby, prohibited: Provided, however, That, except as re- gards piratical copies, such prohibition shall not ap- ply: (a) To works in raised characters for the use of the blind; - (b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine con- tains also copyright matter printed Or reprinted With- Out Such authorization; - . (c) To the authorized edition of a book in a foreign language Or languages Of which Only a translation in- to English has been Copyrighted in this country. (d) To any book published abroad with the author- ization of the author or Copyright proprietor when imported under the Circumstances Stated in One Of the four Subdivisions following, that is to say: First. When imported, not more than One - Copy at One time, for individual use and not for sale; but such privilege Of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States; - Second. When imported by the authority or for the use of the United States; Third. When imported, for use and not for sale, not more than One COpy Of any such book in any One invoice, in good faith, by or for any society or in- stitution incorporated for educational, literary, philo- Sophical, scientific, or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State, School, college, university, or free public library in the United States; Fourth. When such books form parts of libraries Or Collections purchased en bloc for the use of Socie- ties, institutions, or libraries designated in the fore- going paragraph, or form parts of the libraries or perSonal baggage belonging to persons or families arriving from foreign Countries and are not intended for sale: Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the proprietor of the American copyright Or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright. (March 4, 1909, c. 320, § 31, 35 Stat. 1082.) - Section 15 of this act is § 9536. - § 9553. Forfeiture and destruction of ar- ticles prohibited importation—Any and all articles prohibited importation by this Act which are brought into the United States from any foreign country (ex- Cept in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and Condemnation of property imported into the Unit- ed States in violation of the customs revenue laws. Such articles when forfeited shall be destroyed in Such manner as the Secretary of the Treasury or the Court, as the case may be, shall direct: Provided, how- ever, That all copies of authorized editions of copy- right books imported in the mails or otherwise in vio- lation Of the provisions of this Act may be exported and returned to the country of export whenever it is ShoWn to the Satisfaction of the Secretary of the Treasury, in a written application, that such importa- tion does not involve willful negligence or fraud. (March 4, 1909, c. 320, § 32, 35 Stat. 1083.) § 9554. Regulations to prevent importation in mails of articles prohibited—The Secretary of the Treasury and the Postmaster-General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the im- portation into the United States in the mails of ar- ticles prohibited importation by this Act, and may require notice to be given to the Treasury Depart- ment Or Post-Office Department, as the case may be, by Copyright proprietors Or injured parties, of the actual Or Contemplated importation of articles pro- hibited importation by this Act, and which infringe the rights of Such copyright proprietors or injured parties. (March 4, 1909, c. 320, § 33, 35 Stat. 1083.) § 9555. Jurisdiction of actions under laws— All actions, suits, or proceedings arising under the COpyright laws of the United States shall be original- ly Cognizable by the circuit courts of the United States, the district court of any Territory, the supreme COurt Of the District of Columbia, the district courts Of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the Philippine Islands. (March 4, 1909, c. 320, § 34, 35 Stat. 1084.) º See §§ 991 (7), 1266–1268, 9528. ‘. - § 9556. District in which actions under act Imay be brought—Civil actions, suits, or proceed- ings arising under this Act may be instituted in the district of which the defendant Or his agent is an inhabitant, or in which he may be found. (March 4, 1909, c. 320, § 35, 35 Stat. 1084.) See § 9528. W § 9557. Injunctions; service and enforcement —Any such court Or judge thereof shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain the viola- tion of any right secured by Said laws, according to the course and principles Of courts of equity, On Such terms as said COurt Or judge may deelm reaSOn- Ch. 3) Ž 9572 COPYRIGHTS [Page 1545] able. Any injunction that may be granted restrain- ing and enjoying the doing of anything forbidden by this Act may be served on the parties against whom such injunction may be granted anywhere in the Unit- ed States, and shall be operative throughout the Unit- ed States and be enforceable by proceedings in con- tempt or otherwise by any other court or judge pos- sessing jurisdiction of the defendants. (March 4, 1909, c. 320, § 36, 35 Stat. 1084.) - See § 9528. - § 9558. Transmission of certified copies of papers for enforcement of injunction by other court—The Clerk Of the Court, Or judge granting the , injunction, shall, when required so to do by the court hearing the application to enforce said injunction, transmit without delay to said court a certified copy of all the papers in said cause that are on file in his office. (March 4, 1909, c. 320, § 37, 35 Stat. 1084.) See § 9528. - § 9559. Review of orders, judgments, or de- crees—The Orders, judgments, or decrees of any court mentioned in section thirty-four of this Act arising under the copyright laws of the United States may be reviewed on appeal or writ of error in the manner and to the extent now provided by law for the re- View of Cases determined in Said courts, respective- ly. (March 4, 1909, c. 320, § 38, 35 Stat. 1084.) . See § 9528. -- - - $ 9566. fimitation of criminal proceedings— No Criminal proceeding shall be maintained under the provisions of this Act unless the same is commenc- ed within three years after the cause of action arose. (March 4, 1909, c. 320, $ 39, 35 Stat. 1084.) See § 9528. § 9561. Costs in actions under act; attorney’s fees–In all actions, suits, or proceedings under this Act, except when brought by or against the United States or any officer thereof, full costs shall be al- lowed, and the court may award to the prevailing party a reasonable attorney’s fee as part of the costs. (March 4, 1909, c. 320, § 40, 35 Stat. 1084.). See § 952S. •. § 9562. Copyright distinct from property in object copyrighted; effect of sale of object, and of assignment of copyright—The copyright is dis- tinct from the property in the material object copy- righted, and the sale or conveyance by gift or other- Wise, Of the material object shall not of itself consti- tute a transfer of the copyright, nor shall the assign- ment Of the COpyright Constitute a transfer Of the title to the material object; but nothing in this Act Shall be deemed to forbid, prevent, or restrict the trans- fer of any copy of a copyrighted work the possession of which has been lawfully obtained. (March 4, 1909, c. 320, § 41, 35 Stat. 1084.) § 9563. Assignments—Copyright secured under this or previous Acts of the United States may be aSSigned, granted, or mortgaged by an instrument in Writing signed by the proprietor of the copyright, or may be bequeathed by will. (March 4, 1909, c. 320, § 42, 35 Stat. 1084.) § 95.64. Same; executed in foreign country; acknowledgment and certificate—Every assignment of Copyright executed in a foreign country shall be acknowledged by the assignor before a consular of. ficer or Secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such acknowledg- ment under the hand and official seal of such consular Officer or Secretary of legation shall be prima facie evidence of the execution of the instrument. (March 4, 1909, c. 320, § 43, 35 Stat. 1084.) § 9565. Same; record—Every assignment of Copyright shall be recorded in the copyright office Within three Calendar months after its execution in the United States or within six calendar months aft- er its execution without the limits of the United States, in default of which it shall be void as against any Subsequent purchaser or mortgagee for a valu- able consideration, without notice, whose assignment has been duly recorded. (March 4, 1909, c. 320, § 44, 35 Stat. 1084.) - § 9566. Same; certificate of record—The regis- ter Of Copyrights shall, upon payment of the prescrib- ed fee, record such assignment, and shall return it to the Sender With a certificate of record attached un- der Seal of the copyright Office, and upon the pay- ment of the fee prescribed by this Act he shall fur- nish to any person requesting the same a Certified Copy thereof under the said seal. (March 4, 1909, c. 320, § 45, 35 Stat. 1085.) § 9567. Same; use of name of assignee in no- tice—When an assignment of the Copyright in a specified book or other work has been recorded the assignee may substitute his name for that of the assignor in the statutory notice Of Copyright prescrib- ed by this Act. (March 4, 1909, c. 320, § 46, 35 Stat. 1085.) - , * § 9568. Copyright Office; preservation of rec- ords—All records and other things relating to copy- rights required by law to be preserved shall be kept and preserved in the Copyright Office, Library of Con- gress, District of Columbia, and shall be under the COntrol of the register Of Copyrights, who shall, un- der the direction and supervision of the Librarian of Congress, perform all the duties relating to the regis- tration of Copyrights. (March 4, 1909, c. 320, § 47, 35 Stat. 1085.) - § 9569. Register; appointment; salary; as- sistants—There shall be appointed by the Librarian of Congress a register of copyrights, at a salary of four thousand dollars per annum, and One assistant register Of COpyrightS, at a Salary Of three thousand. dollars per annum, who shall have authority during the absence of the register of copyrights to attach the Copyright Office Seal to all papers issued from the . said office and to sign such certificates and other pa- pers as may be necessary. There shall also be ap- pointed by the Librarian such subordinate assistants to the register as may from time to time be authoriz- ed by law. (March 4, 1909, c. 320, § 48, 35 Stat. 1085.) § 9570. Same; deposit of moneys received; reports—The register of copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, Of all moneys re- Geived to be applied as Copyright fees, and shall make Weekly deposits with the Secretary Of the Treas- ury, in such manner as the latter shall direct, of all Copyright fees actually applied under the provisions of this Act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each Calendar month, together with a state- ment of all remittances received, trust funds on hand, moneys refunded, and unapplied balances. (March 4, 1909, c. 320, § 49, 35 Stat. 1085.) - § 9571. Same; bond—The register of copyrights shall give bond to the United States in the sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury and With Sureties sat- isfactory to the Secretary of the Treasury, for the faithful discharge of his duties. (March 4, 1909, c. 320, § 50, 35 Stat. 1085.) R. S. § 4950, which provided that the librarian should give a bond, was superseded by § 131. § 9572. Same; annual report—The register of COpyrights shall make an annual report to the Li- brarian of Congress, to be printed in the annual re- port On the Library of Congress, of all copyright busi- ness for the previous fiscal year, including the num- ber and kind of works which have been deposited in the Copyright Office during the fiscal year, under the 3 9573 (Tit. 60 COPYRIGHTS IIPage 1546] provisions of this Act. (March 4, 1909, c. 320, § 51, 35 Stat. 1085.) . - § 9573. Seal of Copyright Office—The seal pro- vided under the Act of July eighth, eighteen hun- dred and seventy, and at present used in the COpy- right office, shall continue to be the seal thereof, and by it all papers issued from the copyright office re- quiring authentication shall be authenticated. (March 4, 1909, c. 320, § 52, 35 Stat. 1085.) Act July 8, 1870, c. 230, § 85, which provided for a seal for the office of Librarian of Congress, was incorporated into R. S. § 4949, superseded by this act. § 95.74. Rules for registration of claims-Sub- ject to the approval of the Librarian of Congress, the register of copyrights shall be authorized to make rules and regulations for the registration of Claims to copyright as provided by this Act. (March 4, 1909, c. 320, § 53, 35 Stat. 1085.) . - § 9575. Record books in Copyright Office—The register of copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this Act, and Whenever deposit has been made in the Copyright office of a Copy of any work under the provisions of this Act he shall make entry thereof. (March 4, 1909, c. 320, § 54, 85 Stat. 1086.) § 9576. Certificate of registration; effect as evidence; receipt for copies deposited-In the case of each entry the person recorded as the claimant Of the copyright shall be entitled to a certificate of reg- istration under seal of the copyright office, to Con- tain the name and address of said claimant, the name of the country of which the author of the Work is a citizen or subject, and when an alien author domicil- ed in the United States at the time of said registra- tion, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the Same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, Or pub- Iicly distributed, and such marks as to class designa- tion and entry number, as shall fully identify the entry. In the case of a book, the certificate shall al- so state the receipt of the affidavit, as provided by section sixteen of this Act, and the date Of the COm- pletion of the printing, or the date of the publication of the book, as stated in the said affidavit. The reg- ister of copyrights shall prepare a printed form for the said certificate, to be filled Out in each Case as above provided for in the case of all registrations made after this Act goes into effect, and in the Case of all previous registrations so far as the copyright office record books shall show such facts, which Cer- tificate, sealed with the seal of the copyright Office, shall, upon payment of the prescribed fee, be given to any person making application for the same. Said certificate shall be admitted in any Court as prima facie evidence of the facts stated therein. In addi- tion to such certificate the register Of Copyrights shall furnish, upon request, without additional fee, a re- ceipt for the copies of the work deposited to com- plete the registration. (March 4, 1909, c. 320, § 55, 35 Stat. 1086, amended, March 2, 1913, c. 97, 37 Stat. "W24. - 'seum 16 of this act is $ 9537. § 9577. Catalogues of copyright entries; ef- feet as evidence—The register of Copyrights shall fully index all copyright registrations and assign- ments and shall print at periodic intervals a Cata- logue of the titles of articles deposited and register- ed for copyright, together with suitable indexes, and at stated intervals shall print Complete and indexed catalogues for each class of copyright entries, and may thereupon, if eXpedient, destroy the original manuscript Catalogue Cards COntaining the titles in- cluded in such printed Volumes and representing the entries made during such intervals. The current cat- alogues of copyright entries and the index Volumes herein provided for shall be admitted in any Court as prima facie evidence Of the facts stated therein aS regards any copyright registration. c. 320, § 56, 35 Stat. 1086.) - § 9578. Same; distributioni and sale; dispos- al of proceeds—The said printed current catalogues as they are issued shall be promptly distributed by the Copyright Office to the Collectors of Customs Of the United States and to the postmasters of all ex- change offices of receipt of foreign mails, in accord- ance With revised lists Of Such Collectors Of Customs and postmasters prepared by the Secretary of the Treasury and, the Postmaster-General, and they shall also be furnished to all parties desiring them at a price to be determined by the register of Copyrights, not exceeding five dollars per annum for the Com- plete catalogue of Copyright entries and not exceed- ing one dollar per annum for the catalogues issued during the year for any one class of subjects. The consolidated catalogues and indexes shall also be supplied to all persons ordering them at such prices as may be determined to be reasonable, and all Sub- scriptions for the catalogues shall be received by the Superintendent of Public Documents, who shall forward the said publications; and the moneys thus received shall be paid into the Treasury of the Unit- ed States and accounted for under Such laws and Treasury regulations as shall be in force at the time. (March 4, 1909, c. 320, § 57, 35 Stat. 1086.) § 9579. Becords and works deposited in Copy- right Office open to public inspection; taking copies of entries—The record books of the copyright office, together with the indexes to such record books, and all works deposited and retained in the Copyright Office, shall be Open to public inspection ; and Copies may be taken of the Copyright entries actually made in Such record books, Subject to Such Safeguards and regulations as shall be prescribed by the register of copyrights and approved by the Librarian of Con- gress. (March 4, 1909, c. 320, § 58, 35 Stat. 1086.) § 9580. Disposition of articles deposited in Office—Of the articles deposited in the copyright of fice under the provisions of the copyright laws of the United States or of this Act, the Librarian of Con- greSS shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library Of Congress for sale or exchange, or be transferred to other govern- mental libraries in the District of Columbia for use therein. (March 4, 1909, c. 320, § 59, 35 Stat. 1087.) § 9581. Destruction of articles deposited in Office remaining undisposed of; removal of by author or proprietor; manuscripts of unpub- (March 4, 1909, lished works—Of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the register of copyrights jointly shall, at suitable inter- vals, determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the copyright office, and, after due notice as hereinafter provided, may within their discretion cause the remaining articles and Oth- er things to be destroyed: Provided, That there shall be printed in the Catalogue of Copyright Entries from February to November, inclusive, a statement of the years of receipt of such articles and a notice to permit any author, Côpyright proprietor, or other lawful claimant to claim and remove before the ex- piration of the month of December of that year any- thing found which relates to any of his productions deposited or registered for copyright within the period of years stated, not reserved or disposed of as provided for in this Act: And provided further, Ch. 3) 3 9584 COPYRIGHTS [Page 15471 That no manuscript of an unpublished work shall be destroyed during its term of copyright without specific notice to the copyright proprietor of record, permitting him to claim and remove it. (March 4, 1909, c. 320, § 60, 35 Stat. 1087.) § 9582. Fees—The register of copyrights shall receive, and the persons to whom the services desig- nated are rendered shall pay, the following fees: For the registration of any work subject to copy- right, deposited under the provisions Of this Act, One dollar, which sum is to include a certificate of registration under seal: Provided, That in the case of photographs the fee shall be fifty cents where a certificate is not demanded. For every additional certificate of registration made, fifty cents. For re- Cording and certifying any instrument of writing for the assignment of copyright, or any such license Spec- ified in section one, subsection (e), or for any copy of such assignment or license, duly certified, if not over three hundred words in length, One dollar; if more than three hundred and less than One thousand WOrds in length, two dollars; if more than One thousand words in length, One dollar additional for each One thousand words Or fraction thereof Over three hun- dred words. For recording the notice of user or a CGuiescence specified in Section One, Subsection (e), twenty-five cents for each notice if not Over fifty words, and an additional twenty-five cents for each additional one hundred words. For comparing any Copy of an assignment with the record of Such docu- ment in the copyright office and certifying the same under Seal, One dollar. For recording the extension Or renewal of copyright provided for in sections twenty-three and twenty-four of this Act, fifty cents. For recording the transfer of the proprietorship Of copyrighted articles, ten cents for each title Of a book or other article, in addition to the fee prescrib- ed for recording the instrument of assignment. For any requested search Óf copyright office records, in- dexes, or deposits, fifty cents for each full hour of time consumed in making such search: Provided, That only one registration at One fee shall be re- quired in the case of Several volumes of the same book deposited at the same time. (March 4, 1909, c. 320, § 61, 35 Stat. 1087.) Sections 1, 23, 24, of this act, are $$ 9517, 9544, 9545. § 95.83. Terms defined—In the interpretation and Construction of this Act “the date of publication” shall in the case of a work of which copies are reproduced for sale Or distribution be held to be the earliest date when copies of the first authorized edition were plac- ed on sale, sold, or publicly distributed by the propri- etor of the copyright or under his authority, and the WOrd “author” shall include an employer in the Case of works made for hire. (March 4, 1909, c. 320, § 62, 35 Stat. 1087.) § 9584. Repeal; causes of action for infringe- ments before act not affected—All laws or parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing in this Act shall affect Causes Of action for infringement of copyright hereto- fore Committed now pending in Courts of the United States, or which may hereafter be instituted ; but Such Causes shall be prosecuted to a conclusion in the manner heretofore provided by law. (March 4, 1909, c. 320, § 63, 35 Stat. 1088.) gºº. TITLE LXI-BANKRUPTCY (R. S. §§ 4972–5132. Repealed.) These sections of the Revised Statutes incorporated the provisions of the bankruptcy laws in force at the time of the Revision. They were repealed by Act June 7, 1878, c. 160, 20 Stat. 99. Chap. Sec. 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9585 2. Creation of courts of bankruptcy and their ju- risdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9586 3. Bankrupt . . . . . . . . . e e e e s e s tº e º e º e º e º e º tº º e e a s a e s a e e & 9587 Chap. - Sec. 4. Courts and procedure therein. . . . . . . . . . . . . . . . . . . 9602 5. Officers, their duties and compensation. . . . . . . . . . 96.17 6. Creditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9639 7. Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96.45 : Chapter One—Definitions § 9585. Meaning of words and phrases–Mean- ing of Words and Phrases.—a The words and phrases used in this act and in proceedings pursuant hereto shall, unless the same be inconsistent with the GOn- text, be construed as follows: (1) “A person against whom a petition has been filed” shall include a person who has filed a voluntary petition; (2) “adjudication” shall mean the date of the entry of a decree that the defendant, in a bankruptcy proceeding, is a bankrupt, or if such decree is appealed from, then the date When such decree is finally confirmed; (3) “appellate courts” shall include the circuit courts of appeals of the Unit- ed States, the supreme courts of the Territories, and the Supreme Court of the United States; (4) “bank- rupt” shall include a person against whom an in Vol- untary petition or an application to set a Composition aside or to revoke a discharge has been filed, Or Who Has filed a voluntary petition, or who has been adjudg- ed a bankrupt; (5) “clerk” shall mean the clerk of a court of bankruptcy; (6) “corporations” shall mean all bodies having any of the powers and privileges of pri- vate corporations not possessed by individuals Or part- nerships, and shall include limited or other partner- ship associations organized under laws making the capital subscribed alone responsible for the debts of the association; (7) “court” shall mean the Court of bankruptcy in which the proceedings are pending, and may include the referee; (8) “courts of bankruptcy” shall include the district courts of the United States and of the Territories, the supreme court of the DiS- trict of Columbia, and the United States court of the Indian Territory, and of Alaska; (9) “creditor” shall include anyone who owns a demand Or claim provable in bankruptcy, and may include his duly authorized agent, attorney, or proxy ; (10) “date of bankruptcy,” or “time of bankruptcy,” or “commencement of pro- ceedings,” or “bankruptcy,” with reference to time, shall mean the date when the petition was filed ; (11) “debt” shall include any debt, demand, Or claim prova- ble in bankruptcy; (12) “discharge” shall mean the re- lease of a bankrupt from all of his debts which are provable in bankruptcy, except such as are excepted by this act; (13) “document” shall include any book, deed, or instrument in writing; (14) “holiday” shall in- clude Christmas, the Fourth of July, the Twenty-sec- ond of February, and any day appointed by the Pres- ident of the United States or the Congress of the TJnited States as a holiday or as a day of public fast- ing or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any prop- erty which he may have conveyed, transferred, con- cealed, or removed, or permitted to be concealed or re- moved, with intent to defraud, hinder, or delay his Creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts; (16) “judge” shall mean a judge of a court of bankruptcy, not including the ref- eree; (17) “oath” shall include affirmation; (18) “of- ficer” shall include clerk, marshal, receiver, referee, and trustee, and the imposing of a duty upon or the for- bidding of an act by any officer shall include his suc- cessor and any person authorized by law to perform the duties of such officer; (19) “persons” shall include corporations, except where otherwise specified, and officers, partnerships, and women, and when used with reference to the commission of acts which are herein forbidden shall include persons who are partic- ipants in the forbidden acts, and the agents, Officers, and members of the board of directors or trustees, Or other similar controlling bodies of corporations; (20) “petition” shall mean a paper filed in a court of bank- ruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this act, or by creditors, al- leging the commission of an act of bankruptcy by a debtor therein named ; (21) “referee” shall mean the referee who has jurisdiction of the case or to wholm the case has been referred, or anyone acting in his stead ; (22) “conceal” shall include secrete, falsify, and mutilate; (23) “secured creditor” shall include a Creditor who has security for his debt upon the prop- erty of the bankrupt of a nature to be assignable un- der this act, or who owns such a debt for which some indorser, Surety, or other persons secondarily liable for the bankrupt has such security upon the bank- rupt’s assets; (24) “States” shall include the Territo- ries, the Indian Territory, Alaska, and the District of Columbia; (25) “transfer” shall include the sale and every other and different mode of disposing Of Or part- ing with property, or the possession of property, ab- Solutely or COnditionally, as a payment, pledge, mOrt- gage, gift, or security; (26) “trustee” shall include all of the trustees of an estate; (27) “wage-earner” shall mean an individual who works for wages, salary, Or hire, at a rate of Compensation not exceeding One thousand five hundred dollars per year; (28) words importing the masculine gender may be applied to and include corporations, partnerships, and women ; (29) words importing the plural number may be applied to and mean only a single person or thing ; (30) words im- porting the singular number may be applied to and mean several persons or things. (July 1, 1898, c. 541, § 1, 30 Stat. 544, 545.) Chapter Two—Creation of Courts of Bankruptcy and Their Jurisdiction § 9586. Courts; jurisdiction and powers—The courts of bankruptcy as hereinbefore defined, viz, the district courts of the United States in the several States, the Supreme Court of the District of Colum- bia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby invested, within their re- spective territorial limits as now established, or as they may be hereafter changed, with Such jurisdiction at law and in equity as will enable them to exercise orig- inal jurisdiction in bankruptcy proceedings, in vaca- tion in chambers and during their respective terms, as they are now or may be hereafter held, to (1) adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of competent juris- diction without the United States and have property within their jurisdictions; (2) allow claims, disallow IPage 15481 Ch. 3) 3 9587 BANKRUPTCY (§ 3) [Page 1549] claims, reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates; (3) appoint receivers or the marshals, upon applica- tion of parties in interest, in case the Courts Shall find it absolutely necessary, for the preservation of eS- tates, to take charge of the property of bankrupts af- ter the filing of the petition and until it is dismissed or the trustee is qualified; (4) arraign, try, and punish bankrupts, officers, and other persons, and the agents, officers, members of the board of directors Or trustees, or other similar controlling bodies, of Corporations for violations of this act, in accordance with the laws of procedure of the United States now in force, or such as may be hereafter enacted, regulating trials for the alleged violation of laws of the United States; (5) authorize the business of bankrupts to be Conducted for limited periods by receivers, the marshals, or trus- tees, if necessary in the best interests of the estates, and allow such officers additional compensation for such services, as provided in section forty-eight Of this act; (6) bring in and substitute additional per- sons or parties in proceedings in bankruptcy. When necessary for the complete determination of a mat- ter in controversy; (7) cause the estates of bank- rupts to be collected, reduced to money and dis- tributed, and determine controversies in relation thereto, except as herein otherwise provided ; (8) close estates, whenever it appears that they have been fully administered, by approving the final ac- counts and discharging the trustees, and reopen them whenever it appears they were closed before being fully administered ; (9) confirm or reject composi- tions between debtors and their Creditors, and Set aside compositions and reinstate the cases; (10) con- sider and confirm, modify or overrule, or return, With instructions for further proceedings, records and findings certified to them by referees; (11) determine all claims of bankrupts to their exemptions; (12) dis- charge or refuse to discharge bankrupts and Set aside discharges and reinstate the cases; (13) enforce obe- dience by bankrupts, officers, and other perSons to all lawful Orders, by fine or imprisonment or fine and imprisonment; (14) extradite bankrupts from their re- Spective districts to other districts; (15) make such Orders, issue such process, and enter Such judgments in addition to those 'Specifically provided for as may be necessary for the enforcement of the provisions of this act; (16) punish persons for contempts Committed before referees; (17) pursuant to the recommendation of creditors, or when they neglect to recommend the appointment of trustees, appoint trustees, and upon complaints of Creditors, remove trustees for Cause up- On hearings and after notices to them ; (18) tax costs, whenever they are allowed by law, and render judg- ments therefor against the unsuccessful party, or the successful party for cause, or in part against each of the parties, and against estates, in proceedings in bankruptcy; (19) transfer cases to other courts of bankruptcy and (20) exercise ancillary jurisdiction over persons or property within their respective terri- torial limits in aid of a receiver or trustee appointed in any bankruptcy proceedings pending in any other court of bankruptcy. Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated. (July 1, 1898, c. 541, § 2, 30 Stat. 545, amended, Feb. 5, 1903, c. 487, § 1, 32 Stat. 797, and June 25, 1910, c. 412, §§ 1, 2, 36 Stat. 838, 839.) See §§ 1695, 9594. see Chapter Three—Bankrupt 9587. Acts of bankruptcy. 9588. Who may become. - 9589. Partners. 9590. Exemptions. 9591. Duties. 9592. Death or insanity. 9593. Protection and detention. 9594. Extradition. 9595. Suits by and against. Sec. 9596. Compositions, when confirmed. 95.97. Same; when set aside. 9598. Discharges, when granted. 95.99. Same; when revoked. 9600. Co-debtors of. 9601. Debts not affected by a discharge. § 9587. Acts of bankruptcy—Acts of Bankrupt- cy.—a Acts of bankruptcy by a person shall Consist of his having (1) conveyed, transferred, Concealed, Or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, Or defraud his creditors, or any of them ; or (2) trans- ferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer Such creditors over' his other creditors; or (3) Suffered Or permitted, while insolvent, any creditor to Obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference vacated Or discharged such preference; or (4) made a general as- signment for the benefit of his creditors, or, being in- Solvent, applied for a receiver or trustee for his prop- erty or because of insolvency a receiver or trustee has been put in charge of his property under the laws of a State, of a Territory, or of the United States; Or (5) admitted in writing his inability to pay his debts and his willingness to be adjudged a bankrupt On that ground. • b A petition may be. filed against a person Who is insolvent and who has committed an act of bankruptcy within four months after the Commission of such act. Such time shall not expire until four months after (1) the date of the recording or registering of the transfer or assignment when the act consists in having made a transfer of any of his property with intent to hinder, delay, or defraud his creditors or for the purpose of giving a preference as hereinbefore provided, Or a gen- eral assignment for the benefit of his creditors, if by . law such recording or registering is required or per- mitted, or, if it is not, from the date when the benefi- Ciary takes notorious, exclusive, or continuous posses- sion of the property unless the petitioning creditors have received actual notice Of Such transfer Or assign- ment. c It shall be a complete defense to any proceedings in bankruptcy instituted under the first subdivision of this section to allege and prove that the party pro- ceeded against was not insolvent as defined in this Act at the time of the filing the petition against him, and if solvency at Such date is proved by the alleged bankrupt the proceedings shall be dismissed, and un- der said subdivision one the burden of proving solven- cy shall be on the alleged bankrupt. d Whenever a person against whom a petition has been filed as hereinbefore provided under the second and third Subdivisions Of this section takes issue with and denies the allegation of his insolvency, it shall be his duty to appear in court on the hearing, with his books, papers, and accounts, and submit to an ex- annination, and give testimony as to all matters tend- ing to establish solvency or insolvency, and in case Of his failure to So attend and Submit to examination the burden of proving his SOlvency shall rest upon him. e Whenever a petition is filed by any person for the purpose of having another adjudged a bankrupt, and an application is made to take charge of and hold the property of the alleged bankrupt, or any part of the same, prior to the adjudication and pending a hearing on the petition, the petitioner or applicant shall file in the same COurt a bond with at least two good and sufficient sureties who shall reside within the juris- diction of Said COurt, to be approved by the Court Or a judge thereof, in such sum as the court shall direct, conditioned for the payment, in case such petition is dismissed, to the respondent, his or her personal rep- resentatives, all costs, expenses, and damages occa- Sioned by Such seizure, taking, and detention of the property of the alleged bankrupt. If such petition be dismissed by the court Or with- # 9587 (Tit. 61 BANKRUPTCY (§ 3) IPage 1550] • drawn by the petitioner, the respondent or respondents Shall be allowed all COStS, COunSel fees, expenses, and damages occasioned by such Seizure, taking, or deten- tion of such property. Counsel fees, costs, expenses, and damages shall be fixed and allowed by the Court, and paid by the obligors in such bond. (July 1, 1898, c. 541, § 3, 30 Stat. 546, amended, Feb. 5, 1903, c. 487, § 2, 32 Stat. 797.) See §§ 9644, 9654. § 9588. Who may become—Who May Become BankruptS.—a Any person, except a municipal, rail- road, insurance, or banking Corporation, shall be en- titled to the benefits of this act as a Voluntary bank- rupt. • b Any natural person, except a Wage-earner Or a person engaged Chiefly in farming or the tillage of the soil, any unincorporated company, and any moneyed, business, or Commercial Corporation, except a munici- pal, railroad, insurance, or banking corporation, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon de- fault or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. The bankruptcy of a COrporation shall not release its officers, directors, or stockholders, as such, from any liability under the laws of a State or Territory Or Of the United States. Stat. 547, amended, Feb. 5, 1903, c. 487, § 3, 32 Stat. 797, and June 25, 1910, c. 412, §§ 3, 4, 36 Stat. 839.) § 9589. Partners—Partners.-a. A partnership, during the continuation of the partnership business, Or after its dissolution and before the final Settlement thereof, may be adjudged a bankrupt. b The creditors of the partnership shall appoint the trustee; in other respects so far as possible the es- tate shall be administered as herein provided for other eStates. - C The COurt of bankruptcy which has jurisdiction Of One of the partners may have jurisdiction of all the partners and of the administration of the partner- ship and individual property. d The trustee shall keep separate accounts of the partnership property and of the property belonging to the individual partners. - e The expenses shall be paid from the partnership property and the individual property in such propor- tions as the court shall determine. f The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment of his individual debts. Should any surplus remain of the property of any partner after paying his individual debts, such sur- plus shall be added to the partnership assets and be applied to the payment of the partnership debts. Should any surplus of the partnership property re- main after paying the partnership debts, such surplus shall be added to the assets Of the individual partners in the proportion of their respective interests in the partnership. g The court may permit the proof of the claim of the partnership estate against the individual estates, and vice versa, and may marshal the assets Of the partnership estate and individual estates so as to pre- vent preferences and secure the equitable distribution of the property of the several estates. h In the event Of One Or more but not all Of the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, unless by Consent Of the partner Or part- ners not adjudged bankrupt; but such partner Or part- ners not adjudged bankrupt shall settle the partner- Ship business as expeditiously as its nature will per- mit, and account for the interest of the partner or partners adjudged bankrupt. (July 1, 1898, c. 541, § 5, 30 Stat. 547, 548.) § 9590. Exemptions—Exemptions of Bankrupts. —a This ACt Shall not affect the allowance to bank- rupts of the exemptions which are prescribed by the (July 1, 1898, c. 541, § 4, 30 State laws in force at the time of the filing of the petition in the State wherein they have had their domicile for the six months or the greater portion thereof immediately preceding the filing of the peti- tion. (July 1, 1898, c. 541, § 6, 30 Stat. 548.) § 9591. Duties—Duties of Bankrupts.-a The bankrupt shall (1) attend the first meeting of his credi- tors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a dis- charge, if filed; (2) comply with all lawful orders of the court; (3) examine the correctness of all proofs Of claims filed against his estate ; (4) execute and de- liver such papers as shall be ordered by the Court; (5) execute to his trustee transfers of all his property in foreign countries; (6) immediately inform his trustee Of any attempt, by his creditors Or Other persons, to evade the provisions of this Act, coming to his knowl- edge; (7) in case of any person having to his knowl- edge proved a false claim against his estate, disclose that fact immediately to his trustee; (8) prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a volun- tary bankrupt, a Schedule of his property, showing the amount and kind of property, the location there- Of, its money Value in detail, and a list of his credi- tors, showing their residences, if known, if unknown, that fact to be stated, the amounts due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be en- titled to, all in triplicate, one copy of each for the clerk, One for the referee, and one for the trustee; and (9) when present at the first meeting of his creditors, and at Such other times as the court shall order, Submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings With his Creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters Which may affect the administration and set- tlement of his estate; but no testimony given by him shall be offered in evidence against him in any crim- inal proceeding. Provided, however, That he shall not be required to attend a meeting of his Creditors, or at Or for an ex- amination at a place more than one hundred and fifty miles distant from his home or principal place of busi- neSS, Or to examine claims except when presented to him, unless ordered by the court, or a judge thereof, for cause shown, and the bankrupt shall be paid his actual expenses from the estate when examined or required to attend at any place other than the city, town, or village of his residence. (July 1, 1898, c. 541, § 7, 30 Stat. 548.) § 9592. Death or insanity—Death or Insanity of BankruptS.–a. The death or insanity of a bankrupt Shall not abate the proceedings, but the same shall be Conducted and concluded in the same manner, so far as possible, as though he had not died Or become insane: Provided, That in case of death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the State of the bankrupt's residence. (July 1, 1898, c. 541, § 8, 30 Stat. 549.) § 9593. Protection and detention—Protection and Detention of Bankrupts.-a. A bankrupt shall be exempt from arrest upon civil process except in the following cases: (1) When issued from a Court of bankruptcy for contempt or disobedience of its lawful orders; (2) when issued from a State court having jurisdiction, and served within such State, upon a debt or claim from which his discharge in bankruptcy would not be a release, and in such Case he shall be exempt from Such arrest when in attendance upon a court of bankruptcy or engaged in the performance Of a duty imposed by this Act. b The judge may, at any time after the filing Of a petition by or against a person, and before the ex- piration of one month after the qualification of the trustee, upon satisfactory proof by the affidavits of at Ch. 3) 3 9599 BANKRUPTCY (§ 15) [Page 15511 Ieast two persons that such bankrupt is about to leave the district in which he resides or has his principal place of business to avoid examination, and that his departure will defeat the proceedings in bankruptcy, issue a warrant to the marshal, directing him to bring such bankrupt forthwith before the Court for examina- tion. If upon hearing the evidence of the parties it shall appear to the court or a judge thereof that the allegations are true and that it is necessary, he shall order such marshal to keep Such bankrupt in custody not exceeding ten days, but not imprison him, until he shall be examined and released Or give bail Con- ditioned for his appearance for examination, from time to time, not exceeding in all ten days, as re- quired by the court, and for his obedience to all lawful orders made in reference thereto. (July 1, 1898, c. 541, § 9, 30 Stat. 549.) . . . - § 9594. Extradition—Extradition of Bankrupts. —a. Whenever a warrant for the apprehension of a bankrupt shall have been issued, and he shall have been found within the jurisdiction of a Court other than the One issuing the Warrant, he may be extradit- ed in the same manner in which persons under indict- Iment are now extradited from One district. Within Which a district Court has jurisdiction to another. (July 1, 1898, c. 541, § 10, 30 Stat. 549.) See §§ 1695, 9586 (14). § 9595. Suits by and against—Suits by and against Bankrupts.-a A suit which is founded upon | a Claim from which a discharge would be a release, and which is pending against a person at the time of the filing of a petition against him, shall be stayed until after an adjudication or the dismissal of the petition; if such person is adjudged a bankrupt, such action may be further stayed until twelve months after the date of such adjudication, or, if within that time such person applies for a discharge, then until the question of such discharge is determined. b The court may order the trustee to enter his appearance and defend any pending suit against the bankrupt. * - C A trustee may, with the approval of the court, be permitted to prosecute as trustee any suit com- menced by the bankrupt prior to the adjudication, With like force and effect as though it had been Commenced by him. d Suits shall not be brought by or against a trus- tee of a bankrupt estate subsequent to two years after the estate has been closed. (July 1, 1898, c. 541, § 11, 30 Stat. 549.) - - § 9596. Compositions; when confirmed—Com- positions, when confirmed—a A bankrupt may offer, either before or after adjudication, terms of composi- tion to his creditors after, but not before, he has been examined in open court or at a meeting of his credi- tors, and has filed in court the schedule of his proper- ty and the list of his creditors required to be filed by bankrupts. In compositions before adjudication the bankrupt shall file the required schedules, and there- upon the Court shall call a meeting of creditors for the allowance of claims, examination of the bankrupt, and preservation or conduct of estates, at which meeting the judge or referee shall preside; and action upon the petition for adjudication shall be delayed until it shall be determined whether such composition Shall be confirmed. - b An application for the confirmation of a com- position may be filed in the court of bankruptcy after, but not before, it has been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number must represent a majority in amount of such claims, and the consider- ation to be paid by the bankrupt to his creditors, and the money necessary to pay all debts which have Driority and the cost of the proceedings, have been deposited in such place as shall be designated by and subject to the order of the judge. C A date and place, with reference to the conven- lence of the parties in interest, shall be fixed for the 1898, c. 541, § 13, 30 Stat. 550.) - - - - not affected by a discharge. hearing upon each application for the confirmation of a composition, and such objections as may be made to its confirmation. d The judge shall confirm a composition if Satis- fied that (1) it is for the best interests of the Credi- tors; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties Which would be a bar to his discharge; and (3) the offer and its acceptance are in good faith and have not been made or procured except as herein provided, Or by any means, promises, or acts herein forbidden. e. Upon the confirmation of a composition, the consideration shall be distributed as the judge shall direct, and the case dismissed. Whenever a composi- tion is not confirmed, the estate shall be adminis- tered in bankruptcy as herein provided. (July 1, 1898, c. 541, § 12, 30 Stat. 549, amended, June 25, 1910, C. 412, § 5, 36 Stat. 839.) - § 95.97. Same; when set aside—Compositions, when Set Aside.-a The judge may, upon the appli- Cation of parties in interest filed at any time within six months after a composition has been confirmed, set the same aside and reinstate the case if it shall be made to appear upon a trial that fraud Was prac- ticed in the procuring of such composition, and that the knowledge thereof has come to the petitioners since the confirmation of such composition. (July 1, § 9598. Discharges; when granted—Discharges, when Granted.—a. Any person may, after the expira- tion of One month and within the next twelve months subsequent to being adjudged a bankrupt, file an ap- plication for a discharge in the court of bankruptcy in which the proceedings are pending ; if it shall be made to appear to the judge that the bankrupt was unavoidably prevented from filing it within such time, it may be filed within but not after the expiration of the next Six months. b The judge shall hear the application for a dis charge and such proofs and pleas as may be made in opposition thereto by the trustee or other parties in interest, at such time as will give the trustee Or parties in interest a reasonable Opportunity to be fully heard, and investigate the merits of the application and discharge the applicant unless he has (1) Commit- ted an Offense punishable by imprisonment as hereiD provided ; or (2) with intent to conceal his financial condition, destroyed, concealed, or failed to keep books of account or records from which such condition might be ascertained; or (3) obtained money or property On Credit upon a materially false statement in Writing, made by him to any person or his representative for the purpose of obtaining credit from such person ; or (4) at any time subsequent to the first day of the four months immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to be removed, destroyed, or concealed, any of his property, with intent to hinder, delay, or defraud his creditors; or (5) in voluntary proceedings been granted a discharge in bankruptcy Within Six years; or (6) in the course of the proceedings in bankruptcy refused to obey any lawful order of, or to answer any material question approved by the Court: Provided, That a trustee shall not interpose objec- tions to a bankrupt’s discharge until he shall be au- thorized so to do at a meeting of Creditors called for that purpose. c The confirmation of a Composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those (July 1, 1898, C. 541, § 14, 30 Stat. 550, amended, Feb. 5, 1903, c. 487, § 4, 32 Stat. 797, and June 25, 1910, c. 412, § 6, 36 Stat. 839.) § 9599. Same; when revoked—Discharges, when Revoked.—a. The judge may, upon the application of parties in interest who have not been guilty of undue laches, filed at any time within One year after a dis- charge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtain- a 9600 (Tit. 61 BANKRUPTCY (§ 16) IPage 1552] ed through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners Since the granting Of the discharge, and that the ac- tual facts did not warrant the discharge. (July 1, 1898, c. 541, § 15, 30 Stat. 550.) - § 9600. Co-debtors of—Co-Debtors of Bankrupts. —a. The liability of a person who is a co-debtor With, or guarantor or in any manner a surety for, a bank- rupt shall not be altered by the discharge of Such bankrupt. (July 1, 1898, c. 541, § 16, 30 Stat. 550.) § 9601. Debts not affected by a discharge- Debts not affected by a discharge.—A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (first) are due as a tax levied by the United States, the State, county, dis- trict, or municipality in which he resides; (Second) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another, Or for alimony due to become due, or for maintenance or support of wife or child, or for seduction of an unmar- ried female, or for breach of promise of marriage a C- companied by seduction, or for criminal Conversation; (third) have not been duly scheduled in time for proof and allowance, with the name of the Creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (fourth) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an Officer or in any fiduciary capacity. (July 1, 1898, c. 541, § 17, 30 Stat. 550, amended, Feb. 5, 1903, c. 487, § 5, 32 Stat. 798, and March 2, 1917, c. 153, 39 Stat. 999.) Chapter Four—Courts and Procedure Sec. Therein - 9602. Process, pleadings, and adjudications. 96.03. Jury trials. - 9604. Oaths, affirmationS. 9605. Evidence. - 9606. Reference after adjudication. 9607. Jurisdiction; United States and State courts. . Same; appellate courts. 9609. Appeals and writs of error. 96.10. Arbitration. 96.11. Compromises. 96.12. Designation of newspapers. 96.13. Offenses. 1. Rules, forms, and orders. 96.15. Computation of time. Transfer of cases. • § 9602. Process, pleadings, and adjudications —Process, Pleadings, and Adjudications.—a Upon the filing of a petition for involuntary bankruptcy, service thereof, with a writ of subpoena, shall be made upon the person therein named as defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returna- ble Wiſhin fifteen days, unless the judge Shall for cause fix a longer time; but in case personal service can not be made, then notice shall be given by publi- cation in the same manner and for the same time as provided by law for notice by publication in suits to enforce a legal or equitable lien in Courts of the Unit- ed States, except that, unless the judge shall otherwise direct, the order shall be published not more than Once a week for two consecutive weeks, and the return day shall be ten days after the last publication unless the judge shall for cause fix a longer time. b The bankrupt, Or any Creditor, may appear and plead to the petition within five days after the return day, or within such further time as the court may allow. - - c All pleadings setting up matters of fact shall be Verified under Oath. - d If the bankrupt, or any of his creditors, shall appear, within the time limited, and controvert the facts alleged in the petition, the judge shall determine, as soon as may be, the issues presented by the plead- ings, without the intervention of a jury, except in cases where a jury trial is given by this Act, and makes the adjudication or dismiss the petition. e If on the last day within which pleadings may be filed none are filed by the bankrupt or any of his cred- itors, the judge shall on the next day, if present, or as Soon thereafter as practicable, make the adjudica- tion or dismiss the petition. f If the judge is absent from the district, or the division of the district in which the petition is pend- ing, On the next day after the last day on which plead- ings may be filed, and none have been filed by the bankrupt Or any of his creditors, the Clerk shall forth- With refer the Case to the referee. - . g Upon the filing of a voluntary petition the judge Shall hear the petition and make the adjudication or dismiss the petition. If the judge is absent from the district, or the division of the district in which the petition is filed at the time of the filing, the clerk shall forthwith refer the case to the referee. (July 1, 1898, c. 541, § 18, 30 Stat. 551, amended, Feb. 5, 1903, c. 487, § 6, 32 Stat. 798.) - § 9603. Jury trials—Jury Trials.-a A person - against whom an involuntary petition has been filed Shall be entitled to have a trial by jury, in respect to the Question of his insolvency, except as herein other- Wise provided, and any act of bankruptcy alleged in Such petition to have been committed, upon filing a Written application therefor at or before the time Within Which an answer may be filed. If such applica- tion is not filed within such time, a trial by jury shall be deemed to have been waived. b If a jury is not in attendance upon the court, one may be specially summoned for the trial, or the case may be postponed, or, if the case is pending in one of the district courts within the jurisdiction of a circuit Court Of the United States, it may be certified for trial to the Circuit court sitting at the same place, or by Consent Of parties when sitting at any other place in the Same district, if such circuit court has or is to have a jury first in attendance. c The right to submit matters in controversy, or an alleged Offense under this Act, to a jury shall be de- termined and enjoyed, except as provided by this Act, according to the United States laws now in force or Such as may be hereafter enacted in relation to trials by jury. (July 1, 1898, c. 541, § 19, 30 Stat. 551.) § 9604. Oaths, affirmations—Oaths, Affirma- tions.—a Oaths required by this Act, except upon hear- ings in Court, may be administered by (1) referees; (2) Officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the State where the same are to be taken; and (3) diplomatic or consular officers of the United States in any foreign country. - - b Any person conscientiously opposed to taking an Oath may, in lieu thereof, affirm. Any person who Shall affirm falsely shall be punished as for the mak- ing of a false Oath. (July 1, 1898, c. 541, § 20, 30 Stat. 551, 552.) § 9605. Evidence—Evidence.—a. A court of bank- ruptcy may, upon application of any officer, bankrupt, or Creditor, by order require any designated person, including the bankrupt and his wife, to appear in Court or before a referee or the judge of any State Court, to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under this Act: Provided, That the wife may be examined only touching business trans- acted by her Or to which she is a party, and to deter- mine the fact whether she has transacted or been a party to any business of the bankrupt. b The right to take depositions in proceedings under this Act shall be determined and enjoyed according to the United States laws now in force, or such as may be hereafter enacted relating to the taking of deposi- tions, except as herein provided. . C Notice Of the taking of depositions shall be filed with the referee in every case. When depositions are to be taken in Opposition to the allowance of a claim Ch. 4) 2 9612 BANKRUPTCY (§ 28) [Page 1553] notice shall also be served upon the claimant, and When in opposition to a discharge notice Shall also be Served upon the bankrupt. d” Certified copies of proceedings before a referee, Or of papers, when issued by the clerk Or referee, shall be admitted as evidence with like force and effect as certified copies of the records of district Courts of the |United States are now or may hereafter be admitted as evidence. e A certified copy of the Order approving the bond of a trustee shall constitute conclusive evidence of the vesting in him of the title to the property of the bank- rupt, and if recorded shall impart the same notice that a deed from the bankrupt to the trustee if record- ed would have imparted had not bankruptcy proceed- ings intervened. f A certified copy of an order confirming or setting aside a composition, or granting or setting aside a dis- Charge, not revoked, shall be evidence of the jurisdic- tion of the court, the regularity of the proceedings, and Of the fact that the Order was made. - g A certified copy of an order confirming a composi- tion shall constitute evidence of the revesting Of the title of his property in the bankrupt, and if recorded shall impart the same notice that a deed from the trustee to the bankrupt if recorded would impart. (July 1, 1898, c. 541, § 21, 30 Stat. 551, amended, Feb. 5, 1903, c. 487, § 7, 32 Stat. 798.) . . . - - - - - : * * * § 9606. Reference after adjudication—Refer- ence Of Cases after Adjudication.—a After a perSOn has been adjudged a bankrupt the judge may Cause the trustee to proceed with the administration of the estate, or refer it (1) generally to the referee or spe- Cially with only limited authority to act in the prem- ises or to consider and report upon specified issues; or (2) to any referee within the territorial jurisdic- tion of the court, if the convenience Of parties in in- terest will be served thereby, or for Cause, Or if the bankrupt does not do business, reside, or have his dom- icile in the district. e b The judge may, at any time, for the convenience of parties or for cause, transfer a case from one ref- eree to another. (July 1, 1898, c. 541, § 22, 30 Stat. 552.) § 9607. Jurisdiº stion; United States and State courts—Jurisdiction of United States and State COUIrtS.—a. The United States Circuit COUrts Shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, be- tWeen trustees as such and adverse Claimants COn- Cerning the property acquired or claimed by the trus- tees, in the same manner and to the same extent Only as though bankruptcy proceedings had not been insti- tuted and Such controversies had been between the bankrupts and such adverse claimants. b Suits by the trustee shall only be brought or pros- ecuted in the courts where the bankrupt, whose es- tate is being administered by such trustee, might have brought or prosecuted them if proceedings in bank- ruptcy had not been instituted, unless by consent Of the proposed defendant, except suits for the recovery of property under section sixty, subdivision b ; section sixty-seven, subdivision e ; and section seventy, subdi- Vision e. G. The United States Circuit COUlrtS Shall have Con- current jurisdiction with the courts of bankruptcy, within their respective territorial limits, of the offens- es enumerated in this Act. (July 1, 1898, c. 541, § 23, 30 Stat. 552, amended, Feb. 5, 1903, c. 487, § 8, 32 Stat. 798, and June 25, 1910, c. 412, § 7, 36 Stat. 840.) See §§ 1266–1268. § 9608. Same; appellate courts—Jurisdiction of Appellate Courts.-a The Supreme Court of the TJnited States, the circuit courts of appeals of the United States, and the supreme Courts of the Terri- tories, in Vacation in chambers and during their re- spective terms, as now or as they may be hereafter held, are hereby invested with appellate jurisdiction COMP.ST.’18—98 of controversies arising in bankruptcy, proceedings from the courts of bankruptcy from which they have appellate jurisdiction in other cases. The Supreme Court of the United States shall exercise a like juris- diction from courts of bankruptcy not within any Or- ganized circuit of the United States and from the Su- preme Court of the District of Columbia. b The several circuit Courts of appeal shall have jurisdiction in equity, either interlocutory or final, to superintend and revise in matter of law the proceed- ings of the several inferior courts of bankruptcy within their jurisdiction. Such power shall be exer- cised on due notice and petition by any party aggriev- ed. (July 1, 1898, c. 541, § 24, 30 Stat. 553.) See §§ 1120a, 1122, 1229. § 9609. Appeals and writs of error—Appeals and Writs of Error.—a That appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to the circuit court of appeals Of the United States, and to the Supreme COurt Of the Territories, in the following cases, to wit, (1) from a judgment adjudging or refusing to adjudge the de- fendant a bankrupt; (2) from a judgment granting or denying a discharge; and (3) from a judgment allow- ing or rejecting a debt or claim of five hundred dol- lars Or Over. Such appeal shall be taken within ten days after the judgment appealed from has been ren- dered, and may be heard and determined by the appel- late court in term or vacation, as the case may be. b From any final decision of a court of appeals, al- lowing or rejecting a claim under this Act, an appeal may be had under Such rules and within Such time as may be prescribed by the Supreme Court of the United States, in the following cases and no other: 1. Where the amount in controversy exceeds the Sum Of tWO thousand dollars, and the question in- volved is one which might have been taken on ap- peal or writ of error from the highest court of a State to the Supreme Court of the United States; Or 2. Where some Justice of the Supreme Court of the United States shall certify that in his opinion the determination of the question or questions in- VOlved in the allowance Or rejection of Such claim is essential to a uniform Construction of this Act throughout the United States. C Trustees shall not be required to give bond when they take appeals or sue out writs of error. d Controversies may be certified to the Supreme Court Of the United States from Other Courts Of the United States, and the former court may exercise jurisdiction thereof apd issue writs of certiorari pursuant to the provisions of the United States laws now in force Or Such as may be hereafter enacted. (July 1, 1898, c. 541, § 25, 30 Stat. 553.) § 9610. Arbitration—Arbitration of Controver- sies.—a. The trustee may, pursuant to the direction of the court, submit to arbitration any controversy arising in the Settlement of the estate. - - b Three arbitrators shall be chosen by mutual con- sent, or one by the trustee, one by the other party to the controversy, and the third by the two so chosen, or if they fail to agree in five days after their appointment the court shall appoint the third arbi- trator. c The written finding of the arbitrators, or a ma- jority of them, as to the issues presented, may be filed in court and shall have like force and effect as the º of a jury. (July 1, 1898, c. 541, § 26, 30 Stat. 553. § 9611. Compromises—Compromises.—a. The trustee may, with the approval of the court, compro- mise any controversy arising in the administration of the estate upon Such terms as he may deem for the best interests of the estate. (July 1, 1898, c. 541, § 27, 30 Stat. 553, 554.) § 96.12. Designation of newspapers—Designa- tion of NewspaperS.–a Courts of bankruptcy shall by order designate a newspaper published within their 3 96.13 (Tit. 61 BANKRUPTCY (§ 29) IPage 1554] i. - respective territorial districts, and in the county in Which the bankrupt resides or the major part of his property is situated, in which notices required to be published by this Act and orders which the court may direct to be published shall be inserted. Any court may in a particular Case, for the convenience of par- ties in interest, designate some additional newspaper in which notizes and orders in such case shall be pub- lished. (July 1, 1898, c. 541, § 28, 30 Stat. 554.) § 96.13. punished, by imprisonment for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, Spent, or unlawfully transferred any property or Secreted or destroyed any document be- longing to a bankrupt estate which came into his charge as trustee. b A person shall be punished, by imprisonment for a period not to exceed two years, upon conviction of the offense of having knowingly and fraudulently (1) concealed while a bankrupt, or after his discharge, from his trustee any of the property belonging to his estate in bankruptcy; Or (2) made a false Oath or account in, or in relation to, any proceeding in bank- ruptcy; (3) presented under oath any false claim for proof against the estate of a bankrupt, or used any Such claim in composition personally or by agent, proxy, or attorney, or as agent, proxy, or attorney; or (4) received any material amount of property from a bankrupt. after the filing of the petition, with in- tent to defeat this Act; or (5) extorted or attempted to extort any money or property from any person as a Consideration for acting or forbearing to act in bank- ruptcy proceedings. C A person shall be punished by fine, not to exceed five hundred dollars, and forfeit his office, and the Same shall thereupon become vacant, upon conviction of the Offense of having knowingly (1) acted as a ref- eree in a case in which he is directly or indirectly in- terested ; or (2) purchased, while a referee, directly Or indirectly, any property of the estate in bankruptcy Of Which he is referee; or (3) refused, while a referee or trustee, to permit a reasonable opportunity for the inspection of the accounts relating to the affairs of, and the papers and records of, estates in his charge by parties in interest when directed by the court so to do. d A perSon Shall not be prosecuted for any offense arising under this Act unless the indictment is found or the information is filed in court within one year after the commission of the offense. (July 1, 1898, c. 541, § 29, 30 Stat. 554.) - § 9614. Rules, forms, and Forms, and Orders.-a All necessary rules, forms, and Orders as to procedure and for carrying this Act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States. (July 1, 1898, c. 541, § 30, 30 Stat. 554.) * - § 96.15. Computation of time—Computation of Time.—a Whenever time is enumerated by days in this Act, or in any proceeding in bankruptcy, the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last in- cluded shall be the next day thereafter which is not a Sunday or a legal holiday. (July 1, 1898, c. 541, § 31, 30 Stat. 554.) § 96.16. Transfer of cases—Transfer of Cases.— a. In the event petitions are filed against the same perSon, or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction, to and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest. (July 1, 1898, c. 541, § 32, 30 Stat. 554.) - 9623. Same ; Offenses—Offenses.—a A person shall be orders—Rules, Chapter Five—Officers, Their Duties Sec. and Compensation 9617. Creation of two offices. 96.18. Referees; appointment, removal, and districts of. 96.19. Same; qualifications. 9620. Same; oaths. 9621. Same; number. 9622. Same; jurisdiction. duties. 9624. Same; compensation. 9625. Same; contempts before. 9626. Same; records. 9627. Same; absence or disability. 9628. Trustees; appointment. 9629. Same; qualifications. 9630. Same; death or removal. 9631. Same; duties. 9632. Compensation of trustees, receivers, and marshals. 96.33. Accounts and papers of trustees. 9634. Bonds of referees and trustees. 9635. Duties of clerks. 9636. Compensation of clerks and marshals. 9637. Duties of Attorney-General. 9638. Statistics of bankruptcy proceedings. § 96.17. Creation of two offices—Creation of TWO Offices.—a. The Offices of referee and trustee are hereby created. (July 1, 1898, c. 541, § 33, 30 Stat. 555.) - § 96.18. Referees; appointment, removal, and districts of—Appointment, Removal, and DiS- tricts of Referees.—a Courts of bankruptcy shall, within the territorial limits of which they respective- ly have jurisdiction, (1) appoint referees, eagh for a term of two years, and may, in their discretion, re- move them because their services are not needed Or for other cause; and (2) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district. (July 1, 1898, c. 541, § 34, 30 Stat. 555.) § 96.19. Same; qualifications—Qualifications Of Referees.—a. Individuals shall not be eligible to ap- pointment as referees unless they are respectively (1) competent to perform the duties of that office; (2) not holding any office of profit or emolument under the laws of the United States or of any State Other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3) not re- lated by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States, or of the justices Or judges of the appellate courts of the districts wherein they may be appointed; and (4) residents of, or have their offices in, the territorial districts for which they are to be appointed. (July 1, 1898, c. 541, § 35, 30 Stat. 555.) - § 9620. Same; oaths—Oaths of Office of Ref- erees.—a Referees shall take the same oath of Office as that prescribed for judges of United States courts. (July 1, 1898, c. 541, § 36, 30 Stat. 555.) § 9621. Same; number—Number of Referees.— a Such number of referees shall be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy. (July 1, 1898, c. 541, § 37, 30 Stat. 555.) § 9622. Same; jurisdiction—Jurisdiction of Ref- erees.—a Referees respectively are hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to (1) consider all petitions referred to them by the clerks and make the adjudi- cations or dismiss the petitions; (2) exercise the powers wested in courts of bankruptcy for the ad- ministering of oaths to and the examination of per- sons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment; (3) exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event Of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, Or the Ch. 5) 3 9630 BANKRUPTCY (§ 46) division of the district, or his sickness, or inability to act; (4) perform such part of the duties, except as to questions arising Out Of the applications of bankrupts for compositions or discharges, as are by this Act conferred on courts of bankruptcy and as shall be prescribed by rules or Orders Of the courts Of bankruptcy of their respective districts, except as herein otherwise provided; and (5) upon the ap- plication of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceed- ings. (July 1, 1898, c. 541, § 38, 30 Stat. 555.) $ 9623. Same; duties—Duties of Referees.—a Referees shall (1) declare dividends and prepare and deliver to trustees dividend sheets showing the divi- dends declared and to whom payable; (2) examine all Schedules of property and lists of creditors filed by bankrupts and cause such as are incomplete or defective to be amended; (3) furnish such informa- tion Concerning the estates in process of administra- tion before them as may be requested by the parties in interest; (4) give notices to creditors as herein provided; (5) make up records embodying the evi- dence, or the substance thereof, as agreed upon by the parties in all-contested matters arising before them, Whenever requested to do so by either of the parties thereto, together with their findings therein, and transmit them to the judges; (6) prepare and file the schedules of property and lists of creditors required to be filed by the bankrupts, or cause the same to be done, when the bankrupts fail, refuse, or neglect to do so; (7) safely keep, perfect, and trans- mit to the clerks the records, herein required to be kept by them, when the cases are concluded; (8) transmit to the clerks such papers as may be on file before them whenever the same are needed in any proceedings in Courts, and in like manner Se- Cure the return of such papers after they have been USed, Or, if it be impracticable to transmit the origi- nal papers, transmit certified copies thereof by mail; (9) upon application of any party in interest, pre- Serve the evidence taken or the substance thereof as agreed upon by the parties before them when a Stenographer is not in attendance; and (10) whenever their respective offices are in the same cities or towns Where the courts of bankruptcy convene, call upon and receive from the clerks all papers filed in courts of bankruptcy which have been referred to them. b Referees shall not (1) act in cases in which they are directly or indirectly interested; (2) practice as attorneys and counselors at law in any bankruptcy proceedings; or (3) purchase, directly or indirectly, any property of an estate in bankruptcy. (July 1, 1898, c. 541, § 39, 30 Stat. 555, 556.) § 9624. Same; compensation—Compensation of Referees. sation for their services, payable after they are ren- dered, a fee of fifteen dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bank- rupt, and twenty-five cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the COst of administration, and from estates Which have been administered before them. One per centum commissions on all moneys dis- bursed to creditors by the trustee, or one-half of One per centum on the amount to be paid to creditors upon the Confirmation of a composition. b Whenever a case is transferred from one referee to another the judge shall determine the proportion in which the fee and commissions therefor shall be divided between the referees. - c In the event of the reference of a case being re- Voked before it is concluded, and when the case is Specially referred, the judge shall determine what part of the fee and commissions shall be paid to the IPage 1555] a Referees shall receive as full compen- referee. (July 1, 1898, c. 541, § 40, 30 Stat. 556, amended, Feb. 5, 1903, c. 487, § 9, 32 Stat. 799.) See § 9656. § 9625. Same; contempts before—Contempts before Referees.—a. A person shall not, in proceed- ings before a referee, (1) disobey or resist any lawful Order, process, or Writ; (2) misbehave during a hear- ing or so near the place thereof as to obstruct the Same; (3) neglect to produce, after having been Or- dered to do so, any pertinent document; or (4) refuse to appear after having been subpoenaed, or, upon ap- pearing, refuse to take the oath as a witness, or, after having taken the Oath, refuse to be examined a C- cording to law: Provided, That no person shall be required to attend as a Witness before a referee at a place Outside of the State Of his residence, and more than One hundred miles from Such place of residence, and Only in Case his lawful mileage and fee for One day’s attendance, Shall be first paid or tendered to him. b The referee shall certify the facts to the judge, if any person shall do any of the things forbidden in this section. The judge shall thereupon, in a Summary manner, hear the evidence as to the acts Complained Of, and, if it is such as to warrant him in so doing, punish such person in the same manner and to the Same extent as for a Contempt committed before the Court of bankruptcy, Or Commit Such per- son upon the same conditions as if the doing of the forbidden act had OCCurred With reference to the process of, or in the presence of, the Court. (July 1, 1898, c. 541, § 41, 30 Stat. 556.) § 9626. Same; records—Records Of Referees.—a The records of all proceedings in each case before a referee shall be kept as nearly as may be in the same manner as records are now kept in equity cases in circuit courts of the United States. b A record of the proceedings in each case shall be kept in a separate book or books, and shall, to- gether with the papers on file, constitute the records Of the case. s c The book or books containing a record of the pro- ceedings shall, when the case is concluded before the referee, be certified to by him, and, together with such papers as are on file before him, be transmitted to the court of bankruptcy and shall there remain as a part of the records of the court. (July 1, 1898, c. 541, § 42, 30 Stat. 556, 557.) See §§ 1266–1268. § 9627. Same; absence or disability—Referee's Absence Or Disability.—a. Whenever the office of a referee is vacant, or its occupant is absent or disquali- fied to act, the judge may act, or may appoint another referee, or another referee holding an appointment under the same court may, by order of the judge, tem- porarily fill the vacancy. (July 1, 1898, c. 541, § 43, 30 Stat. 557.) § 96.28. Trustees; appointment—Appointment of Trustees.—a The creditors of a bankrupt estate shall, at their first meeting after the adjudication or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a com- position has been set aside Or a discharge revoked, Or if there is a vacancy in the Office of trustee, ap- point One trustee or three trustees of Such estate. If the Creditors do not appoint a trustee or trustees as herein provided, the Court shall do so. (July 1, 1898, c. 541, § 44, 30 Stat. 557.) - § 9629. Same; qualifications—Qualifications of Trustees.—a Trustees may be (1) individuals who are respectively COmpetent to perform the duties of that office, and reside or have an Office in the judicial district within which they are appointed, or (2) cor- porations authorized by their charters or by law to act in Such capacity and having an office in the judi- cial district within which they are appointed. (July 1, 1898, c. 541, § 45, 30 Stat. 557.) § 9630. Same; death or removal—Death or Re- moval Of Trustees.—a The death or removal of a 3 9631 (Tit. 61 BANKRUPTCY (§ 47) [Page 1556] trustee shall not abate any suit or proceeding which he is prosecuting or defending at the time of his death Or relmOVal, but the same may be proceeded With or defended by his joint trustee or successor in the Same Imanner as though the same had been commenced Or was being defended by such joint trustee alone or º Successor. (July 1, 1898, c. 541, § 46, 30 Stat. § 9631. Same; duties—Duties of Trustees.—a Trustees Shall respectively (1) account for and pay OVer to the estates under their control all interest received by them on property of such estates; (2) Collect and reduce to money the property of the es- tates for Which they are trustees, under the direc- tion of the Court, and close up the estate as expedi- tiously as is COImpatible with the best interests of the parties in interest; and such trustees, as to all property in the Custody or coming into the custody Of the bankruptcy Court, shall be deemed Wested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings there- On; and also, as to all property not in the custody Of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a judg- ment creditor holding an execution duly returned unsatisfied; (3) deposit, all money received by them in One of the designated depositories; (4) disburse mon- ey Only by check or draft on the depositories in which it has been deposited; (5) furnish such information COncerni:11g the estates of which they are trustees and their administration as may be requested by parties in interest; (6) keep regular accounts show- ing all amounts received and from what sources and all amounts expended and on what accounts; (7) lay before the final meeting of the Creditors detailed statements of the administration of the estates; (8) make final reports and file final accounts with the courts fifteen days before the days fixed for the final meetings of the creditors; (9) pay dividends within ten days after they are declared by the refer- ees; (10) report to the courts, in writing, the condi- tion of the estates and the amounts of money On hand, and such other details as may be required by the courts, within the first month after their appoint- ment and every two months thereafter, unless other- wise ordered by the Courts; and (11) set apart the bankrupt’s exemptions and report the items and es- timated value thereof to the Court as soon as prac- ticable after their appointment. b Whenever three trustees have been appointed for an estate, the concurrence of at least two of them shall be necessary to the validity of their every act Concerning the administration of the estate. c The trustee shall, within thirty days after the adjudication, file a certified copy of the decree of ad- judication in the Office where conveyances of real estate are recorded in every county where the bank- rupt owns real estate not exempt from execution, and pay the fee for such filing, and he shall receive a compensation of fifty cents for each copy so filed, which, together with the filing fee, shall be paid out Of the estate of the bankrupt as a part of the cost and disbursements of the proceedings. (July 1, 1898, c. 541, § 47, 30 Stat. 557, amended, Feb. 5, 1903, c. 487, § 10, 32 Stat. 799, and June 25, 1910, c. 412, § 8, 36 Stat. 840.) - See §§ 9644, 9654. § 9632. Compensation of trustees, receivers, and marshals—Compensation of Trustees, Receivers and Marshals:—(a) Trustees shall receive for their Services, payable after they are rendered, a fee of five dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and such commissions on all moneys disbursed or turned over to any person, including lien holders, by them, as may be allowed by the courts, not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than fifteen hundred dollars, two per Centum on moneys in excess of fifteen hundred dollars and less than ten thousand dollars, and one per centum on moneys in excess of ten thousand dollars. And in case of the confirmation of a com- position after the trustee has qualified the court may allow him, as COmpensation, not to exceed one-half Of One per centum of the amount to be paid the credi- tors On Such composition. (b) In the event of an estate being administered by three trustees instead of one trustee or by suc- Cessive trustees, the Court shall apportion the fees and commissions between them according to the serv- ices actually rendered, So that there shall not be paid to trustees for the administering of any estate a greater amount than One trustee would be entitled to. - (c) The court may, in its discretion, withhold all Compensation from any trustee who has been removed for Cause. (d) Receivers or marshals appointed pursuant to section two, subdivision three, of this Act shall re- ceive for their services, payable after they are ren- dered, compensation by Way Of commissions upon the moneys disbursed or turned over to any person, including lien holders, by them, and also upon the moneys turned Over by them or afterwards realized by the trustees from property turned Over in kind by them to the trustees, as the court may allow, not to exceed six per Centum On the first five hundred dollars or less, four per centum on moneys in excess Of five hundred dollars and less than One thousand five hundred dollars, two per centum on moneys in excess of one thousand five hundred dollars and less than ten thousand dollars, and One per centum On moneys in excess of ten thousand dollars: Provided, That in case of the confirmation of a composition such commissions shall not exceed one-half of One per Centum Of the amount to be paid creditors On such compositions: Provided further, That When the receiver or marshal acts as a mere custodian and does not carry On the business of the bankrupt as provided in clause five of section two of this Act, he shall not receive nor be allowed in any form or guise more than two per centum on the first thousand dollars or less, and one-half of One per centum On all above One thousand dollars on moneys disbursed by him or turned over by him to the trustee and On moneys subsequently realized from property turned over by him in kind to the trustee: Provided fur- ther, That before the allowance of compensation no- tice of application therefor, specifying the amount asked, shall be given to creditors in the manner in- dicated in Section fifty-eight Of this Act. (e) Where the business is conducted by trustees, marshals, or receivers, as provided in clause five of section two of this Act, the court may allow Such Officers additional compensation for such Services by way of commissions upon the moneys disbursed or turned over to any person, including lien holders, by them, and, in cases of receivers or marshals, also upon the moneys turned over by them or afterwards realized by the trustees from property turned Over in kind by them to the trustees; such commissions not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than one thousand five hundred dollars, two per centum on moneys in excess of One thousand five hundred dollars and less than ten thousand • dollars, and one per Centum On moneys in excess of ten thousand dollars: Provid- ed, That in case of the confirmation of a composi- tion such commissions shall not exceed one-half of One per centum of the amount to be paid creditors on such composition : Provided further, That before the allowance of compensation notice of application therefor, Specifying the amount asked, shall be given to creditors in the manner indicated in section fifty- eight of this Act. (July 1, 1898, c. 541, § 48, 30 Stat. Ch. 6) ź 9639 BANKRUPTCY (§ 55) [Page 1557] * 557, amended, Feb. 5, 1903, c. 487, § 11, 32 Stat. 799, and June 25, 1910, c. 412, § 9, 36 Stat. 840.) See § 9656. - $ 9633. Accounts and papers of trustees—Ac- counts and Papers of Trustees.—a The accounts and papers Of trustees Shall be Open, to the inspection of Officers and all parties in interest. (July 1, 1898, c. 541, § 49, 30 Stat. 558.) § 9634. Bonds of referees and trustees—Bonds Of Referees and Trustees.—a Referees, before assum- ing the duties of their offices, and within such time as the district Courts of the United States having juris- diction shall prescribe, shall respectively qualify by entering into bond to the United States in such sum as Shall be fixed by such courts, not to exceed five thousand dollars, with such sureties as shall be ap- proved by such Courts, conditioned for the faithful performance Of their Official duties. b Trustees, before entering upon the performance Of their official duties, and within ten days after their appointment, of within such further time, not to ex- Ceed five days, as the Court may permit, shall re- Spectively qualify by entering into bond to the Unit- ed States, with such sureties as shall be approved by the Courts, conditioned for the faithful performance Of their official duties. C The Creditors of a bankrupt estate, at their first- meeting after the adjudication, or after a vacancy has occurred in the office of trustee, or after an es- tate has been reopened, or after a composition has been set aside or a discharge revoked, if there is a Vacancy in the Office of trustee, shall fix the amount of the bond of the trustee; they may at any time in- Crease the amount of the bond. If the creditors do not fix the amount of the bond of the trustee as herein provided the court shall do so. - d The Court shall require evidence as to the actual value of the property of sureties. g b ºthere shall be at least two sureties upon each OIlCl. o f The actual value of the property of the sureties, OVer and above their liabilities and exemptions, on tº: bond shall equal at least the amount of such IłOl. . g Corporations organized for the purpose of becom- ing Sureties upon bonds, or authorized by law to do SO, may be accepted as sureties upon the bonds of referees and trustees whenever the courts are satis- fied that the rights of all parties in interest will be thereby amply protected. g h BOnds of referees, trustees, and designated deposi- tories shall be filed of record in the office of the clerk Of the Court and may be sued upon in the name of the United States for the use of any person injured by a breach of their conditions. - i Trustees shall not be liable, personally or on their bonds, to the United States, for any penalties or for- feitures incurred by the bankrupts under this Act, Of Whose estates they are respectively trustees. j Joint trustees may give joint or several bonds. k. If any referee or trustee shall fail to give bond, as herein provided and within the time limited, he Shall be deemed to have declined his appointment, and Such failure shall create a vacancy in his office. I Suits upon referees’ bonds shall not be brought Subsequent to two years after the alleged breach of the bond. - m Suits upon trustees’ bonds shall not be brought Subsequent to two years after the estate has been closed. (July 1, 1898, c. 541, § 50, 30 Stat. 558.) § 9635. Duties of clerks—Duties of Clerks.--a Clerks shall respectively (1) account for, as for Other fees received by them, the clerk's fee paid in each Case and Such other fees as may be received for cer- tified copies of records which may be prepared for persons other than officers; (2) collect the fees of the Clerk, referee, and trustee in each case instituted be- fore filing the petition, except the petition of a pro-. were received from such referees after they petition. tion as he may deem important. posed Voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and Can not obtain, the money with which to pay such fees; (3) deliver to the referees upon application all papers which may be referred to them, or, if the Of- fices of such referees are not in the same cities or towns as the Offices Of Such Clerks, transmit Such pa- pers by mail, and in like manner return papers which have been used; (4) and within ten days after each Case has been closed pay to the referee, if the Case was referred, the fee collected for him, and to the trus- tee the fee Collected for him at the time of filing the (July 1, 1898, c. 541, § 51, 30 Stat. 558, 559.) § 9636. Compensation of clerks and marshals —Compensation of Clerks and Marshals.—a Clerks shall respectively receive as full compensation for their service to each estate, a filing fee of ten dol- lars, except when a fee is not required from a Volun- tary bankrupt. b Marshals shall respectively receive from the eS- tate where an adjudication in bankruptcy is made, except as herein otherwise provided, for the perform- ance of their services in proceedings in bankruptcy, the same fees, and account for them in the Same Way, as they are entitled to receive for the performance of the same -or similar services, in other Cases in a C- cordance with layws now in force, or such as may be hereafter enacted, fixing the Compensation of marshals. (July 1, 1898, c. 541, § 52, 30 Stat. 559.) § 9637. Duties of Attorney-General—Duties of Attorney-General.—a The Attorney-General shall annually lay before Congress statistical tables Show- ing for the whole country, and by States, the number of cases during the year of voluntary and in Voluntary bankruptcy; the amount of the property of the eS- tates; the dividends paid and the expenses of ad- ministering such estates; and such other like informa- (July 1, 1898, c. 541, § 53, 30 Stat. 559.) - : § 96.38. Statistics of bankruptcy proceedings —Statistics of Bankruptcy Proceedings.—a Officers shall furnish in writing and transmit by mail Such information as is within their knowledge, and as may be shown by the records and papers in their posses- sion, to the Attorney-General, for statistical purpos- es, within ten days after being requested by him to do so. (July 1, 1898, c. 541, § 54, 30 Stat. 559.) Sec Chapter Six—Creditors 9639. Meetings. . 9640. Same; voters at. . 9641. Proof and allowance of claims. 9642. Notices to. 9643. Who may file and dismiss petitions. 9644. Preferred. - § 9639. Meetings—Meetings of Creditors.-a The court shall cause the first meeting of the Creditors of a bankrupt to be held, not less than ten nor more than thirty days after the adjudication, at the COun- ty seat of the county in which the bankrupt has had his principal place of business, resided, or had his domicile; or if that place would be manifestly in- convenient as a place of meeting for the parties in interest, or if the bankrupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mis- chance not be held Within Such time, the court shall fix the date, as SOOn as may be thereafter, when it shall be held. b At the first meeting of creditors the judge or referee shall, preside, and, before proceeding with the Other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt Or cause him to be examined at the instance of any creditor. - c The Creditors shall at each meeting take such & 9639 (Tit. 61. BANKRUPTCY ($ 55) steps as may be pertinent and necessary for the pro- motion of the best interests of the estate and the enforcement of this Act. - - d A meeting of creditors, subsequent to the first one, may be held at any time and place When all of the creditors who have Secured the allowance Of their claims sign a Written consent to hold a meet- ing at Such time and place. e The court shall call a meeting of creditors When- ever One-fourth Or more in number Of those who have proven their claims shall file a written request to that effect; if such request is signed by a majority of such creditors, which number represents a ma- jority in amount of Such claims, and contains a re- quest for such meeting to be held at a designated place, the court shall call Such meeting at Such place within thirty days after the date of the filing Of the request. - f Whenever the affairs Of the estate are ready to be closed a final meeting of creditors shall be ordered. (July 1, 1898, c. 541, § 55, 30 Stat. 559, 560.) $ 9640. Same; voters at—Voters at Meetings of Creditors.-a Creditors shall pass upon mattel's Sub- mitted to them at their meetings by a majority vote in number and amount Of claims Of all Creditors Whose claims have been allowed and are present, except as herein otherwise provided. b Creditors holding claims which are secured or have priority shall not, in respect to such claims, be entitled to vote at Creditors’ meetings, nor shall Such claims be Counted in computing either the num- ber of creditors or the amount of their claims, un- less the amounts Of Such claims exceed the values of such securities or priorities, and then only for such excess. (July 1, 1898, c. 541, § 56, 30 Stat. 560.) $ 9641. Proof and allowance of claims—Proof and AllOWance of Claims.-a Proof of claims Shall Consist of a Statement under oath, in writing, signed by a creditor setting forth the claim, the considera- tion therefor, and whether any, and, if so what, Securities are held therefor, and whether any, and, if so what, payments have been made thereon, and that the sum Claimed is justly Owing from the bank- rupt to the creditor. • . b Whenever a claim is founded upon an instru- ment of Writing, such instrument, unless lost or de- stroyed, shall be filed with the proof of claim. If such instrument is lost or destroyed, a statement of Such fact and of the Circumstances of Such loss or destruction shall be filed under Oath with the claim. After the Claim is allowed or disallowed, such in- strument may be withdrawn by permission of the Court, upon leaving a copy thereof on file with the claim. - C Claims after being proved may, for the purpose Of allowance, be filed by the claimants in the court Where the proceedings are pending or before the ref- eree if the Case has been referred. d Claims which have been duly proved shall be allowed, upon receipt by or upon presentation to the court, unless objection to their allowance shall be made by parties in interest, or their consideration be continued for cause by the court upon its own motion. * e Claims Of Secured Creditors and those who have priority may be allowed to enable such creditors to participate in the proceedings at creditors’ meetings held prior to the determination of the value of their securities or priorities, but shall be allowed for such sums only as to the COUrts seem to be owing over. and above the value of their securities or priorities. f Objections to claims shall be heard and deter- mined as soon as the Convenience of the court and the best interests of the estates and the claimants will permit. - g The claims of creditors who have received pref- erences, voidable under section sixty, Subdivision b, or to whom conveyances, transfers, assignments, or incumbrances, void or voidable under section sixty- IPage 1558] § seven, subdivision e, have been made or given, shall not be allowed unless such creditors shall surrender Such preferences, conveyances, transfers, assign- ments, Or incumbrances. - h The value of securities held by secured creditors shall be determined by COnverting the same into mon- ey according to the terms of the agreement pursu- ant to which such securities were delivered to such Creditors or by Such Creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such Value shall be Credited upon such claims, and a dividend Shall be paid Only on the unpaid balance. i Whenever a creditor, whose claim against a bankrupt estate is secured by the individual under- taking of any person, fails to prove such claim, such person may do so in the creditor's name, and if he discharge such undertaking in whole or in part he shall be subrogated to that extent to the rights Of the creditor. - j Debts owing to the United States, a State, a coun- ty, a district, or a municipality as a penalty or for- feiture shall not be allowed, except for the amount Of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby and such interest as may have accrued there- on according to law. k Claims which have been allowed may be reCOn- sidered for cause and reallowed or rejected in whole or in part, according to the equities of the case, be- fore but not after the estate has been Closed. 1 Whenever a claim Shall have been reconsidered and rejected, in whole or in part, upon which a divi- dend has been paid, the trustee may recover from the creditor the amount of the dividend received up- on the claim if rejected in whole, or the proportional part thereof if rejected only in part. m The claim of any estate which is being admin- istered in bankruptcy against any like estate may be proved by the trustee and allowed by the court in the same manner and upon like terms as the Claims Of Other CreditorS. - n Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication; or if they are liquidated by litigation and the final judgment therein is rendered within thirty days be- fore or after, the expiration of such time, then With- in sixty days after the rendition of such judgment: Provided, That the right of infants and insane per- sons without guardians, without notice Of the pro- ceedings, may continue six months longer. (July 1, 1898, c. 541, § 57, 30 Stat. 560. Feb. 5, 1903, c. 487, § 12, 32 Stat. 799.) § 9642. Notices to—Notices to Creditors.-a Cred- itors shall have at least ten days’ notice by mail, to their respective addresses as they appear in the list of creditors of the bankrupt, or as after Wards filed with the papers in the case by the creditors, un- less they waive notice in writing, of (1) all exam- inations of the bankrupt; (2) all hearings upon ap- plications for the confirmation of compositions; (3) all meetings of creditors; (4) all proposed Sales Of property; (5) the declaration and time of payment of dividends; (6) the filing of the final accounts of the trustee, and the time when and the place where they will be examined and passed upon; (7) the pro- posed compromise of any controversy; (8) the pro- posed dismissal of the proceedings, and (9) there shall be thirty days' notice of all applications for the discharge of bankruptS. b Notice to creditors of the first meeting shall be published at least once and may be published such number of additional times as the court may direct; the last publication shall be at least one week prior to the date fixed for the meeting. Other notices may be published as the court shall direct. c All notices shall be given by the referee, unless Ch. 7) & 9647 BANKRUPTCY (§ 63) IPage 15591 otherwise ordered by the judge. (July 1, 1898, c. 541, § 58, 30 Stat. 561, amended, June 25, 1910, c. 412, § 9%, 36 Stat. 841.) $ 9643. Who may file and dismiss petitions— Who may File and Dismiss Petitions.—a Any quali- fied person may file a petition to be adjudged a Wol- untary bankrupt. b Three or more creditors who have provable Claims against any person which amount in the aggregate, in excess of the Value of Securities held by them, if any, to five hundred dollars or Over; or if all of the Creditors of Such person are less than tWelve in number, then One Of Such creditors whose Claim equals such amount may file a petition to have him adjudged a bankrupt. c Petitions shall be filed in duplicate, one copy for the clerk and One for service on the bankrupt. d If it be averred in the petition that the creditors Of the bankrupt are less than twelve in number, and less than three creditors have joined as petitioners therein, and the answer avers the existence of a larg- er number of Creditors, there shall be filed with the answer a list under oath of all the creditors, with their addresses, and thereupon the Court shall cause all such creditors' to be notified of the pendency of Such petition and shall delay the hearing upon such petition for a reasonable time, to the end that par- ties in interest shall have an opportunity to be heard; if upon such hearing it shall appear that a sufficient number have joined in such petition, or if prior to Or during such hearing a sufficient number shall join therein, the case may be proceeded with, but Otherwise it shall be dismissed. e In computing the number of creditors of a bank- rupt for the purpose of determining how many cred- itors must join in the petition, such creditors as were employed by him at the time of the filing of the petition Or are related to him by Consanguinity Or affinity within the third degree, as determined by the common law, and have not joined in the petition, Shall not be counted. f Creditors other than original petitioners may at any time enter their appearance and join in the pe- tition, or file an answer and be heard in opposition to the prayer of the petition. g A voluntary or involuntary petition shall not be dismissed by the petitioner or petitioners or for want of prosecution or by consent of parties until after notice to the creditors, and to that end the Court shall, before entertaining an application for dis- missal, require the bankrupt to file a list, under Oath, Of all his creditors, with their addresses, and shall Cause notice to be sent to all Such Creditors of the pendency of such application, and shall delay the hearing thereon for a reasonable time to allow all creditors and parties in interest opportunity to be heard. (July 1, 1898, c. 541, § 59, 30 Stat. 561, amend- ed, June 25, 1910, c. 412, § 10, 36 Stat. 841.) $ 9644. Preferred—Preferred Creditors.-a A person shall be deemed to have given a preference if, being insolvent, he has, within four months be- fore the filing of the petition, or after the filing Of the petition and before the adjudication, procured or suffered a judgment to be entered against him- self in favor of any person, or made a transfer Of any of his property, and the effect of the enforce- ment of such judgment or transfer will be to enable any One of his creditors to obtain a greater per- centage of his debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four months after the date of the re- cording or registering of the transfer, if by law such recording or registering is required. - b If a bankrupt shall have procured or suffered a judgment to be entered against him in favor of any person or have made a transfer of any of his prop- erty, and if, at the time of the transfer, or of the entry of the judgment, or of the recording or regis- tering of the transfer if by law recording Or register- ing thereof is required, and being within four months before the filing of the petition in bankruptcy Or aft- er the filing thereof and before the adjudication, the bankrupt be insolvent and the judgment or transfer then operate as a preference, and the person receiv- ing it or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment Or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person. . And for the purpose Of Such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have Concurrent jurisdiction. c. If a creditor has been preferred, and afterwards in good faith gives the debtor further credit Without Security of any kind for property which becomes a part of the debtor’s estates, the amount Of Such new credit remaining unpaid at the time of the ad- judication in bankruptcy may be set off against the amount which would otherwise be recoverable from him. d If a debtor shall, directly or indirectly, in con- templation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, Solicitor in equity, or proctor in admiralty for services to be rendered, the trans- action shall be reexamined by the court on petition Of the trustee or any creditor and shall Only be held valid to the extent Of a reasonable amount to be determined by the court, and the excess may be re- covered by the trustee for the benefit of the estate. (July 1, 1898, c. 541, § 60, 30 Stat. 562, and June 25, 1910, c. 412, § 11, 32 Stat. 799, amended, Feb. 5, 1903, - c. 487, § 13, 36 Stat. 842.) see Chapter Seven—Estates 9645. Depositories for money. 9646. Expenses of administering. 9647. Debts which may be proved. 9648. Debts which have priority. 9649. Declaration and payment of dividends. 9650. Unclaimed dividends. 9651. Liens. 9652. Set-Offs and counterclaims. 9653. Property; possession. - 9654. Same; title. , - 9655. Records; duty of clerks to keep; inspection. 9656. Restriction of compensation of referees, receivers, mar- shals, and trustees. $ 9645. Depositories for money—Depositories for MOney.—a Courts Of bankruptcy shall designate, by order, banking institutions as depositories for the money of bankrupt estates, as Convenient as may be to the residences of trustees, and shall require bonds to the United States, subject to their approval, to be given by such banking institutions, and may from time to time as Occasion may require, by like Order increase the number of depositories or the amount of any bond or change such depositories. (July 1, 1898, c. 541, § 61, 30 Stat. 562.) $ 9646. Expenses of administering—Expenses of Administering Estates.—a The actual and neces- sary expenses incurred by officers in the administra- tion of estates shall, except where other provisions are made for their payment, be reported in detail, un- der oath, and examined and approved or disapproved by the court. If approved, they shall be paid or al- Iowed out of the estates in which they were in Curred. (July 1, 1898, c. 541, § 62, 30 Stat. 562.) § 9647. Debts which may be proved—Debts which may be Proved.—a Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely OWing at the time of the filing of the petition against him, Wheth- er then payable or not, with any interest thereon which would have been recoverable at that date or 3 9647 (Tit. 61 BANKRUPTCY (363) after notice ; [Page 1560 I with a rebate of interest upon such as were not then payable and did not bear interest ; (2) due as costs taxable against an involuntary bankrupt who was at the time of the filing of the petition against him plaintiff in a cause of action which would pass to the trustee and which the trustee declines to prosecute (3) founded upon a claim for taxable costs inclurred in good faith by a creditor before the filing of a petition an action to recover a provable debt; (4) founded upon an open account, or upon a Contract express or implied ; and (5) founded upon provable debts reduced to judgments after the filing Of the petition and before the consideration of the bankrupt’s application for a discharge, less Costs in- Curred and interest accrued after the filing of the pe- tition and up to the time of the entry of such judg- InelltS. r & b Unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, and may thereafter be proved and allowed against the estate. (July 1, 1898, c. 541, § 63, 30 Stat. 562, 563.) $ 9648. Debts which have priority—Debts which have Priority.—a The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, dis- trict, or municipality in advance of the payment of dividends to creditors, and upon filing the receipts of the proper public officers for such payment he shall be credited with the amount thereof, and in case any Question arises as to the amount or legality of any Such tax the same shall be heard and determined by the COUrt. b The debts to have priority, except as herein pro- vided, and to be paid in full Out of bankrupt estates, and the order of payment shall be (1) the actual and necessary cost of preserving the estate subsequent to filing the petition ; (2) the filing fees paid by Credi- tors in involuntary cases, and, where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, shall have been recovered for the benefit Of the estate Of the bankrupt by the efforts and at the expense of One or more Creditors, the reasonable expenses of such re- Covery ; (3) the cost of administration, including the fees and mileage payable to witnesses as now or hereafter provided by the laws Of the United States, and one reasonable attorney's fee, for the professional services actually rendered, irrespective of the num- ber of attorneys employed, to the petitioning credi- tors in involuntary Cases, to the bankrupt in involun- tary cases while performing the duties herein pre- scribed, and to the bankrupt in voluntary Cases, as the Court may allow; (4) wages due to workmen, clerks, traveling or city salesmen, or servants which have been earned Within three months before the date Of the commencement of proceedings, not to exceed three hundred dollars to each claimant; and (5) debts Owing to any person who by the laws of the States Or the United States is entitled to priority. G In the event of the confirmation of a composi- tion being set aside, or a discharge revoked, the prop- erty acquired by the bankrupt in addition to his es- tate at the time the Composition was confirmed Or the adjudication was made shall be applied to the pay- ment in full of the claims of Creditors for property sold to him on credit, in good faith, while such com- position or discharge was in force, and the residue, if any, shall be applied to the payment of the debts which were Owing at the time of the adjudication. (July 1, 1898, c. 541, § 64, 30 Stat. 563, amended, Feb. 5, 1903, c. 487, § 14, 32 Stat. 800, and June 15, 1906, c. 3333, 34 Stat. 267.) See § 6372. $ 9649. Declaration and payment of dividends —Declaration and Payment of Dividends.-a Divi- dends of an equal per centum shall be declared and paid on all allowed claims, except such as have prior- ity or are secured. b The first dividend shall be declared within thirty days after the adjudication, if the money Of the estate in excess of the amount necessary to pay the debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Divi- dends subsequent to the first shall be declared upon like terms as the first and as often as the amount Shall equal ten per Centum or more and upon closing the estate. Dividends may be declared oftener and in Smaller proportions if the judge shall so Order: Provided, That the first dividend shall not include more than fifty per centum of the money of the eS- tate in excess of the amount necessary to pay the debts which have priority and such claims as prob- ably will be allowed: And provided further, That the final dividend shall not be declared within three months after the first dividend Shall be declared. C. The rights of Creditors who have received divi- dends, or in whose favor final dividends have been declared, shall not be affected by the proof and al- 1OWance Of claims subsequent to the date of Such payment or declarations of dividends; but the credi- tors proving and securing the allowance of Such Claims shall be paid dividends equal in amount to those already received by the other creditors if the estate equals so much before such other creditors are paid any further dividends. d Whenever a person shall have been adjudged a bankrupt by a court without the United States and also by a court of bankruptcy, creditors residing Within the United States shall first be paid a divi- dend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in Such court Shall be paid any amounts. e A claimant shall not be entitled to Collect from a bankrupt estate any greater amount than shall accrue pursuant to the provisions of this Act. (July 1, 1898, c. 541, § 65, 30 Stat. 563, amended, Feb. 5, 1903, c. 487, § 15, 32 Stat. 800.) § 9650. Unclaimed dividends—Unclaimed Divi- dends.-a Dividends which remain unclaimed for six months after the final dividend has been declar- ed shall be paid by the trustee into court. b Dividends remaining unclaimed for One year shall, under the direction of the court, be distributed to the creditors whose claims have been allowed but not paid in full, and after Such claims have been paid in full the balance shall be paid to the bank- rupt: Provided, That in case unclaimed dividends belong to minors such minors may have One year after arriving at majority to claim such dividends. (July 1, 1898, c. 541, § 66, 30 Stat. 564.) § 9651. Liens—Liens.—a Claims which for Want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. b Whenever a creditor is prevented from enforcing his rights as against a lien created, or attempted to be created, by his debtor, who afterwards becomes a bankrupt, the trustee of the estate of such bank- rupt shall be subrogated to and may enforce Such rights of such creditor for the benefit of the estate. c A lien created by, or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or a judgment by confession, which was begun against a person With- in four months before the filing of a petition in bank- ruptcy by or against such person shall be dissolved by the adjudication of such person to be a bankrupt if (1) it appears that said lien was obtained and per- mitted while the defendant was insolvent and that its existence and enforcement will work a prefer- ence, or (2) the party or parties to be benefited there- by had reasonable cause to believe the defendant was insolvent and in contemplation of bankruptcy, or (3) that such lien was sought and permitted in Ch. 7) 3 9654 BANKRUPTCY (370) [Page 1561] fraud Of the provisions of this Act; or if the dissolu- tion of Such lien would militate against the best in- terests Of the estate of such person the same shall not be dissolved, but the trustee of the estate of Such person, for the benefit of the estate, shall be Subrogated to the rights of the holder of such lien and empowered to perfect and enforce the same in his name as trustee with like force and effect as such holder might have done had not bankruptcy pro- ceedings intervened. d Liens given or accepted in good faith and not in COntemplation of or in fraud upon this Act, and for a present consideration, which have been re- Corded according to law, if record thereof was neces- Sary in Order to impart notice, shall, to the extent Of Such present consideration only, not be affected by this Act. - e That all conveyances, transfers, assignments, or incumbrances of his property or any part thereof, made Or given by a person adjudged a bankrupt un- der the provisions of this Act subsequent to the pas- Sage of this Act and within four months prior to the filing Of the petition, with the intent and purpose on his part to hinder, delay, or defraud his creditors, Or any of them, shall be null and void as against the Creditors of such debtor, except as to purchasers in good faith and for a present fair consideration; and all property of the debtor conveyed, transferred, assigned, Or encumbered as aforesaid shall, if he be adjudged a bankrupt, and the same is not exempt from execution and liability for debts by the law of his domicile, be and remain a part of the assets and estate of the bankrupt and shall pass to his said trustee, whose duty it shall be to recover and reclaim the Same by legal proceedings or otherwise for the benefit of the creditors. And all conveyances, trans- fers, or incumbrances of his property made by a debtor at any time within four months prior to the filing of the petition against him, and while insolv- ent, which are held rull and void as against the creditors of such debtor by the laws of the State, Territory, or District in which such property is situ- ate, shall be deemed null and void under this Act against the creditors of such debtor if he be adjudg- ed a bankrupt, and such property shall pass to the assignee and be by him reclaimed and recovered for the benefit of the creditors of the bankrupt. For the purpose of such recovery any court of bankruptcy as hereinbefore defined, and any State Court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction. f That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and Void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or Other lien Shall be deemed wholly discharged and released from the Same, and Shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judg- ment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid. And the Court may order such conveyance as shall be necessary to carry the purposes of this section into effect: Provided, That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide purchaser for value who shall have acquired the same without notice or reasonable cause for inquiry. (July 1, 1898, c. 541, § 67, 30 Stat. 564, amended, Feb. 5, 1903, c. 487, § 16, 32 Stat. 800, and June 25, 1910, c. 412, § 12, 36 Stat. 842.) See §§ 9644, 9654. . - § 9652. Set-offs and counterclaims—Set-Offs and Counterclaims.-a In all Cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the bal- ance Only shall be allowed or paid. - b A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the pe- tition, or within four months before such filing, with a view to such use and with knowledge or notice that Such bankrupt was insolvent, or had committed an act of bankruptcy. (July 1, 1898, c. 541, § 68, 30 Stat. 565.) - § 9653. Property; possession—Possession Of Property.—a A judge may, upon satisfactory proof, by affidavit, that a bankrupt against whom an in- voluntary petition has been filed and is pending has COImmitted an act of bankruptcy, or has neglected Or is neglecting, Or is about to SO neglect his property that it has thereby deteriorated Or is thereby de- teriorating or is about thereby to deteriorate in Value, issue a warrant to the marshal to seize and hold it subject to further orders. Before such war- rant is issued the petitioners applying therefor shall enter into a bond in such an amount as the judge Shall fix, with such sureties as he shall approve, Con- ditioned to indemnify such bankrupt for such dam- ages as he shall Sustain in the event Such Seizure Shall prove to have been wrongfully obtained. Such property shall be released, if such bankrupt Shall give bond in a sum which shall be fixed by the judge, With such sureties as he shall approve, conditioned to turn over such property, or pay the value thereof in money to the trustee, in the event he is adjudged a bankrupt pursuant to such petition. (July 1, 1898, c. 541, § 69, 30 Stat. 565.) - § 9654. Same; title—Title to Property.—a The trustee of the estate of a bankrupt, upon his ap- pointment and qualification, and his successor or suc- CeSSOrs, if he shall have One or more, upon his or their appointment and qualification, shall in turn be Wested by Operation of law. With the title of the bankrupt, as Of the date he was adjudged a bank- rupt, except in so far as it is to property Which is exempt, to all (1) documents relating to his property; (2) interests in patents, patent rights, copyrights, and trade-marks; (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for SOme Other person; (4) prop- erty transferred by him in fraud of his creditors; (5) property which prior to the filing of the petition he could by any means have transferred or Which might have been levied upon and sold under judicial process against him : Provided, That When any bankrupt shall have any insurance policy which has a cash Surrender value payable to himself, his eS- tate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and Stated to the trustee by the COm- pany issuing the same, pay or secure to the trustee the sum so ascertained and stated, and Continue to bold, own, and carry such policy free from the claims of the creditors participating in the distribution Of his estate under the bankruptcy proceedings, Other- wise the policy shall pass to the trustee as assets; and (6) rights of action arising upon contracts Or from the unlawful taking or detention of, or injury to, his property. - b All real and personal property belonging to bank- rupt estates shall be appraised by three disinterest- ed appraisers; they shall be appointed by, and re- port to, the court. Real and personal property shall, when practicable, be sold subject to the approval Of the Court; it shall not be sold Otherwise than sub- ject to the approval of the court for less than seven- ty-five per centum of its appraised value. c The title to property of a bankrupt estate Which 3 9654 (Tit. 61 BANKRUPTCY (370) [Page 1562] - has been sold, as herein provided, shall be conveyed to the purchaser by the trustee. d Whenever a composition shall be set aside, or discharge revoked, the trustee shall, upon his ap- pointment and qualification, be vested as herein pro- vided with the title to all of the property of the bankrupt as Of the date of the final decree setting aside the COmposition or revoking the discharge. e The trustee may avoid any transfer by the bank- rupt of his property which any creditor of Such bankrupt might have avoided, and may recover the property so transferred, or its Value, from the per- SOn to whom it was transferred, unless he was a bona fide holder for value prior to the date Of the adjudication. Such property may be recovered Or its value Collected from Whoever may have received it, except a bona fide holder for value. . For the pur- pose of such recovery any court of bankruptcy as Thereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have Concurrent jurisdiction. f Upon the confirmation of a composition offered by a bankrupt, the title to his property shall there- upon revest in him. (July 1, 1898, c. 541, § 70, 30 Stat. 565, amended, Feb. 5, 1903, c. 487, § 16, 32 Stat. 800.) : See §§ 9655, 9656. § 96.55. Records; duty of clerks to keep; in- spection—The clerks of the several district courts of the United States shall prepare and keep in their respective Offices complete and convenient indexes Of all petitions and discharges in bankruptcy heretofore or hereafter filed in the Said courts, and shall, when requested so to do, issue certificates of search Certi- fying as to whether or not any such petitions or dis- charges have been filed; and said Clerks shall be en- titled to receive for such certificates the same fees as now allowed by law for Certificates as to judg- ments in said courts: Provided, That said bank- ruptcy indexes and dockets shall at all times be open to inspection and examination by all perSOnS Or COT- porations without any fee or charge therefor. (July 1, 1898, c. 541, § 71, added, Feb. 5, 1903, c. 487, § 17, 32 Stat. 800.) § 9656. Restriction of compensation of ref- erees, receivers, marshals, and trustees-Neither the referee, receiver, marshal, nor trustee shall in any form or guise receive, nor shall the court allow him, any other or further compensation for his serv- ices than that expressly authorized and prescribed in this Act. (July 1, 1898, c. 541, § 72, added, Feb. 5, 1903, c. 487, § 18, 32 Stat. 800, amended, June 25, 1910, c. 412, § 13, 36 Stat. 842.) TITLE LXII—NATIONAL BANKS Chap. Sec. 1. Organization and powers. . . . . . . . . . . . . . . . . . . . . . . . . 9657 2. Obtaining and issuing circulating notes. . . . . . . . . 9697 2A. National currency associations. . . . . . . . . . . . . . . . . . 97.29 ſ Chap. Sec. 3. Regulation of the banking business. . . . . . . . . . . . . . 9744 3A. Federal reserve banks. . . . . . . . . . . . . . . . . . . . . . . . . . . 9785. 4. Dissolution and receivership. . . . . . . . . . . . . . . . . . . . . 9806 Chapter One—Organization and Powers Sec. . 9657. “The national-bank act.” 9658. Formation of national banking associations. 9659. Organization certificate. 9660. Same; acknowledgment and filing. 9661. Corporate powers of associations. 9661a. Subscriptions to American Red Cross. 9661b. Same; use of money. - 9662. Change of name or location. 9663. Same; effect. 9664. Same; liabilities and suits not affected by. 9665. Extension of period of corporate succession. 9666. Same; procedure. 9667. Same; examination and issue of certificate of approval by Comptroller. - 9668. Same; corporate powers; jurisdiction of suits by or against. 9669. Same; withdrawal of dissenting shareholders. 9670. Same; redemption of circulating notes issued prior to extension. 9671. Same; dissolution of banks not extending period. 9672. Same; reservation of power to amend, alter or repeal act. 96.73. Same ; additional extension. 9674. Power to hold real property, 96.75, Requisite amount of capital. 9676. Capital stock; shares and transfers. 9677. Same; how payment of made and proved. 9678. Same; proceedings if shareholder fails to pay install- - Iments. - 9679. Same; increase. 96.80. Same; increase. 9681. Same; reduction. - 9682. Same; right of shareholders to vote. 9683. Directors; election. 9684. Same; qualifications. 9685. Same; oath. 9686. Same; filling vacancies. . 9.687. Same ; proceedings where no election held on proper - day. 96.88. Same; election of president. 9689. Individual liability of shareholders; effect of transfer of shares. 9690. Executors or trustees not personally liable. 9691. Depositaries of public moneys; duties and liabilities. 9692. Same; provisions relating to reserves of national banks not to apply to deposits with. 9t,93. Same; rate of interest on special and additional de- posits. Sec. 9694. Organization of State banks' as national banking associa- tionS. - 9695. Same; state banks having branches. ſº 9696. Reservation of rights of associations organized under act of 1863. - § 9657. “The national-bank act”—The act en- titled “An act to provide a national currency Secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,” approved June third, eighteen hundred and sixty-four, Shall hereafter be known as “the national-bank act.” (June 20, 1874, c. 343, § 1, 18 Stat. 123.) Act June 3, 1864, c. 106, 13 Stat. 99, was incorporated into this Title. § 96.58. Formation of national banking asso- ciations—Associations for carrying on the business of banking under this Title may be formed by any number of natural persons, not less in any Case than five. They shall enter into articles of association, which shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with law, which the association may see fit to adopt for the regulation of its business and the conduct of its affairs. These articles shall be signed by the persons uniting to form the association, and a copy of them shall be for Ward- ed to the Comptroller of the Currency, to be filed and preserved in his office. (R. S. § 5133.) § 9659. Organization certificate—The persons uniting to form such an association shall, under their hands, make an organization certificate, Which shall specifically state: First. The name assumed by such association; which name shall be subject to the approval of the Comptroller of the Currency. Second. The place where its operations of dis- count and deposit are to be carried on, designating the State, Territory, or district, and the particular county and city, town, Or Village. Ch. 1) § 9666 NATIONAL BANKS Third. The amount Of Capital Stock and the num- ber of shares into which the same is to be divided. Fourth. The names and places of residence Of the shareholders and the number of shares held by each Of them. - Fifth. The fact that the Certificate is made to enable such perSons to avail themselves of the advantages of this Title. (R. S. § 5134.) § 9660. Same; acknowledgment and filing— The organization certificate shall be acknowledged before a judge of Some Court of record, or notary public; and shall be, together with the acknowledg- ment thereOf, authenticated by the Seal Of Such Court, or notary, transmitted to the Comptroller of the Currency, who shall record and carefully preserve the same in his office. (R. S. § 5135.) See § 1497. § 9661. Corporate powers of associations—Up- on duly making and filing articles of association and an Organization certificate, the association shall be- come, as from the date of the execution of its organ- ization certificate, a body Corporate, and as such, and in the name designated in the Organization certificate, it shall have power— * First. To adopt and use a corporate seal. Second. To have succession for the period of twen- ty years from its organization, unless it is sooner dissolved according to the provisions of its articles | of association, or by the act Of its shareholders OWn- ing two-thirds of its stock, or unless its franchise becomes forfeited by some violation of law. Third. To make COntractS. - Fourth. To sue and be sued, complain and defend, in any court of law and equity, as fully as natural per- SOIlS. - Fifth. To elect or appoint directors, and by its board of directors to appoint a president, Vice-presi- dent, Cashier, and Other Officers, define their duties, require bonds of them and fix the penalty thereof, dismiss such officers Or any of them at pleasure, and appoint others to fill their places. º Sixth. To prescribe, by its board of directors, by- laws not inconsistent with law, regulating the man- ner in which its stock shall be transferred, its direc- tors elected Or appointed, its Officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed. - - Seventh. To exercise by its board of directors, or duly authorized Officers or agents, subject to law, all such incidental pOWers as shall be necessary to carry on the business of banking; by discounting and ne- gotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtain- ing, issuing, and Circulating notes according to the provisions of this Title. But no association shall transact any business ex- cept such as is incidental and necessarily preliminary to its Organization, until it has been authorized by the Comptroller of the Currency to commence the business of banking. (R. S. § 5136.) § 9661a. Subscriptions to American Red Cross—During the continuance of the state of war now existing it shall be lawful for any national bank- ing association to contribute to the American National Red CrOSS, Out of any net profits otherwise available under the law for the declaration of dividends, such Sum Or Sums as the directors of said association shall deem expedient. Each association shall report to the Comptroller of the Currency, within ten days aft- er the making of any such contribution the amount of such contribution and the amount of net earnings in excess Of Such Contribution. Such report shall be attested by the president or cashier of the association in like manner as the report of the declaration of any dividend. (May 22, 1918, c. 80, § 1, 40 Stat.) IPage 15631 § 9661b. Same; use of money—All sums so con- tributed shall be utilized by the American National Red CrOSS in furnishing volunteer aid to the sick. and Wounded of the Combatant armies, the voluntary relief of the Army and Navy of the United States, and the relief and mitigation of the suffering caused by the War to the people of the United States and their allied nations. (May 22, 1918, c. 80, § 2, 40 Stat.) § 96.62. Change of name or location—Any na- tional banking association may change its name or the place where its operations of discount and de- posit are to be carried on, to any other place within the Same State, not more than thirty miles distant with the approval of the Comptroller of the Curren- cy, by the vote of shareholders owning two-thirds of the Stock of such association. A duly authenticated notice of the vote and of the new name or location Selected shall be sent to the Office of the Comptroller Of the Currency; but no change of name or location Shall be valid until the Comptroller shall have issued his certificate of approval of the same. (May 1, 1886, C. 73, § 2, 24 Stat. 18.) $ 9663. Same; effect—All debts, liabilities, rights, provisions, and powers of the association under its old name shall devolve upon and inure to the as- Sociation under its new name. (May 1, 1886, c. 73, § 3, 24 Stat. 19.). . . . . . . --- – - . . . . .-----— . . ~~~~ : " : - - - - - - - - - " " ----- - $ 9664. Same; liabilities and suits not affect- ed by-Nothing in this act contained shall be so con- Strued as in any manner to release any national bank- ing association under its old name or at its old lo- Cation from any liability, or affect any action or pro- Ceeding in law in which said association may be or become a party or interested. (May 1, 1886, c. 73, § 4, 24 Stat. 19.) - § 9665. Extension of period of corporate suc- cession-Any national banking association organized under the acts of February twenty-fifth, eighteen hundred and sixty-three, June third, eighteen hun- dred and sixty-four, and February fourteenth, eight- een hundred and eighty, or under sections fifty-one hundred and thirty-three, fifty-one hundred and thir- ty-four, fifty-one hundred and thirty-five, fifty-one hundred and thirty-six, and fifty-one hundred fifty- four of the Revised Statutes of the United States, may, at any time within the two years next previous to the date of the expiration of its corporate exist- ence under present law, and with the approval of the Comptroller of the Currency, to be granted, as hereinafter provided, extend its period of Succes- Sion by amending its articles of association for a term of not more than twenty years from the expira- tion of the period of succession named in said arti- Cles of a SSociation, and shall have succession for such extended period, unless sooner dissolved by the act of shareholders owning two-thirds of its stock, Or unless its franchise becomes forfeited by Some violation of law, Or unless hereafter modified or re- pealed. (July 12, 1882, c. 290, § 1, 22 Stat. 162.) § 9666. Same; procedure—Such amendment of said articles of association shall be authorized by the consent in writing of shareholders owning not less than two-thirds Of the Capital Stock Of the as- Sociation; and the board of directors shall cause such consent to be certified under the seal of the association, by the president or cashier, to the Comp- troller of the Currency, accompanied by an applica- tion made by the president or cashier for the ap- proval Of the amended articles of association by the Comptroller; and Such amended articles of associa- tion shall not be valid until the Comptroller shall give to such association a certificate under his hand and seal that the association has complied with all the provisions required to be complied with, and is authorized to have Succession for the extended period named in the amended articles of association. (July 12, 1882, c. 290, § 2, 22 Stat. 162.) 3 9667 (Tit. 62 NATIONAL BANKS § 9667. Same; examination and issue of eer- tificate of approval by Comptroller—Upon the re- ceipt of the application and certificate of the associa- tion provided for in the preceding section, the Comp- troller of the Currency shall cause a special exam- ination to be made, at the expense of the association, to determine its condition; and if after such examina- tion or otherwise, it appears to him that said associ- ation is in a satisfactory condition, he shall grant his certificate of approval provided for in the pre- Ceding Section, or if it appears that the condition of Said association is not satisfactory, he shall with- hold such certificate of approval. 290, § 3, 22 Stat. 163.) § 96.68. Same; corporate powers; jurisdiction of suits by or against—Any association so extend- ing the period of its succession shall continue to en- joy all the rights and privileges and immunities granted and shall continue to be subject to all the duties, liabilities, and restrictions imposed by the Revised Statutes of the United States and other acts having reference to national banking associa- tions, and it shall continue to be in all respects the identical association it was before the extension of its period of succession : Provided, however, That the jurisdiction for suits hereafter brought by or against any association established under any law providing for national-banking associations, except Suits between them and the United States, or its Of- ficers and agents, shall be the same as, and not. Oth- er than, the jurisdiction for suits by or against banks not Organized under any law of the United States which do Or might do banking business Where Such national-banking association may be doing busi- ness when such suits may be begun: And all laws and parts Of laws Of the United States inconsistent with this proviso be, and the same are hereby, re- pealed. (July 12, 1882, c. 290, § 4, 22 Stat. 163.) § 9669. Same; withdrawal of dissenting shareholders—When any national-banking associa- tion has amended its articles of association as pro- vided in this act, and the Comptroller has granted his certificate of approval, any shareholder not as- Senting to Such amendment may give notice in Writ- ing to the directors, within thirty days from the date Of the certificate of approval, of his desire to with- draw from said association, in which case he shall be entitled to receive from said banking association. the value of the shares so held by him, to be ascer- tained by an appraisal made by a committee of three persons, one to be selected by such shareholder, one by the directors, and the third by the first two; and in case the value so fixed shall not be satisfactory to any such shareholder, he may appeal to the Comp- troller of the Currency, who shall cause a reap- praisal to be made, which shall be final and binding; and if said reappraisal shall exceed the value fixed by said committee, the bank shall pay the expenses of said reappraisal, and otherwise the appellant shall pay said expenses; and the value so ascertained and determined shall be deemed to be a debt due, and be forthwith paid, to said shareholder from said bank; and the shares SO Surrendered and appraised shall, after due notice, be sold at public sale, Within thirty days after the final appraisal provided in this sec- tion: Provided, That in the organization of any banking association intended to replace any exist- ing banking association, and retaining the name thereof, the holders of stock in the expiring associa- tion shall be entitled to preference in the allotment of the shares of the new association in proportion to the number of shares held by them respectively in the expiring association. (July 12, 1882, c. 290, § 5, 22 Stat. 163.) § 9670. Same; redemption of circulating notes issued prior to extension—The circulating notes of any association so extending the period of its suc- cession which shall have been issued to it prior to Such extension shall be redeemed at the Treasury (July 12, 1882, c. IPage 1564] it. of the United States, as provided in section three of the act of June twentieth, eighteen hundred and Seventy-four, entitled “An act fixing the amount of United States notes, providing for redistribution of national-bank currency, and for other purposes,” and Such notes when redeemed shall be forwarded to the Comptroller of the Currency, and destroyed aS now provided by law; and at the end of three years from the date of the extension of the corpo- rate existence of each bank the association So ex- tended shall deposit lawful money with the Treasurer Of the United States Sufficient to redeem the remain- der of the Circulation which was Outstanding at the date of its extension, as provided in sections fifty- two hundred and twenty-two, fifty-two hundred and twenty-four, and fifty-two hundred and twenty-five Of the Revised Statutes; and any gain that may arise from the failure to present such circulating notes for redemption shall inure to the benefit of the Unit- ed States; and from time to time, as such notes are redeemed or lawful money deposited therefor as provided herein, new circulating notes shall be is- sued as provided by this act, bearing such devices, to be approved by the Secretary Of the Treasury, as Shall make them readily distinguishable from the circulating notes heretofore issued : Provided, however, That each banking association which shall obtain the benefit of this act shall reimburse to the Treasury the cost of preparing the plate or plates for such new circulating notes as shall be issued to (July 12, 1882, c. 290, § 6, 22 Stat. 163.) - § 9671. Same; dissolution of banks not ex- tending period—National-banking associations whose Corporate existence has expired Or shall hereafter expire, and which do not avail themselves of the provisions of this act, shall be required to comply with the provisions of sections fifty-two hundred and twenty One and fifty-two hundred and twenty-two Of the Revised Statutes in the same manner as if the shareholders had voted to go into liquidation, as provided in section fifty-two hundred and twenty of the Revised Statutes; and the provisions of Sections fifty-two hundred and twenty-four and fifty-two hundred and twenty-five of the Revised Statutes shall also be applicable to such associations, except as modified by this act; and the franchise of Such as- Sociation is hereby extended for the sole purpose of liquidating their affairs until such affairs are final- ly closed. (July 12, 1882, c. 290, § 7, 22 Stat. 164.) § 9672. Same; reservation of power to amend, alter or repeal act—Congress may at any time amend, alter, or repeal this act and the acts of which this is amendatory. (July 12, 1882, C. 290, § 14, 22 Stat. 166.) - § 96.73. Same; additional extension—The Comptroller of the Currency is hereby authorized, in the manner provided by, and under the conditions and limitations of, the Act of July twelfth, eighteen hundred and eighty-two, to extend for a further pe- riod of twenty years the charter of any national banking association extended under said Act which shall desire to continue its existence after the ex- piration of its charter. (April 12, 1902, c. 503, 32 Stat. 102.) § 9674. Power to hold real property—A na- tional banking association may purchase, hold, and convey real estate for the following purposes, and for no Others: Eirst. Such as shall be necessary for its immediate accommodation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously con- tracted. - Third. Such as shall be conveyed to it in Satisfac- tion of debts previously contracted in the course Of its dealingS. - Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the asso- ciation, or shall purchase to secure debts due to it. Ch. 1) & 9684 TNATIONAI, BANKS [Page 1565I But no Such association shall hold the possession Of any real estate under mortgage, or the title and pos- session of any real estate purchased to Secure any debts due to it, for a longer period than five years. (R. S. § 5137.) § 96.75. Requisite amount of capital—No asso- ciation shall be organized with a less Capital than One hundred thousand dollars, except that banks with a capital of not less than fifty thousand dollars may, with the approval of the Secretary of the Treas- ury, be organized in any place the population of which does not exceed six thousand inhabitants, and except that banks with a capital of not less than twenty-five thousand dollars may, With the sanction of the Secretary of the Treasury, be organized in any place the population of which does not exceed three thousand inhabitants. NO aSSOciation shall be Or- ganized in a city the population of which exceeds fifty thousand persons with a capital of less than two hundred thousand dollars. (R. S. § 5138, amended, March 14, 1900, c. 41, § 10, 31 Stat. 48.) § 9676. Capital stock; shares and transfers— The capital stock of each association shall be divid- ed into shares Of One hundred dollars each, and be deemed personal property, and transferable on the bOOks Of the association in such manner as may be prescribed in the by-laws or articles of association. Every person becoming a shareholder by such trans- fer shall, in proportion to his shares, succeed to all the rights and liabilities of the prior holder of such shares; and no change shall be made in the articles of association by which the rights, remedies, or se- curity of the existing creditors of the association shall be impaired. (R. S. § 5139.) $ 9677. Same; how payment of made and proved—At least fifty per centum of the capital stock of every association shall be paid in before it shall be authorized to Commence business; and the remainder Of the Capital Stock Of Such association shall be paid in installments of at least ten per cen- tum each, on the whole amount Of the capital; as fre- quently as One installment at the end Öf each Suc- ceeding month from the time it shall be authorized by the Comptroller of the Currency to commence business; and the payment Of each installment shall be certified to the Comptroller, under oath, by the president or cashier of the association. (R. S. § 5140.) § 9678. Same; proceedings if shareholder fails to pay installments—Whenever any share- holder, or his assignee, fails to pay any installment On the Stock when the same is required by the preced- ing section to be paid, the directors of such associa- tion may sell the Stock of such delinquent sharehold- er at public auction, having given three weeks’ pre- vious notice thereof in a newspaper published and Of general circulation in the city or county where the association is located, or if no newspaper is published in said City Or County, then in a newspaper published nearest thereto, to any perSon who will pay the high- est price therefor, to be not less than the amount then due thereon, with the expenses Of advertisement and sale; and the excess, if any, shall be paid to the de- linquent shareholder. If no bidder can be found who will pay for such stock the amount due thereon to the association, and the COSt Of advertisement and sale, the amount previously paid shall be forfeited to the association, and such stock shall be sold as the directors may order, within six months from the time of Such forfeiture, and if not sold it shall be cancel- ed and deducted from the capital stock of the associa- tion. If any Such cancellation and reduction shall reduce the capital of the association below the mini- mum of Capital required by law, the Capital stock shall, within thirty days from the date of such cancellation, be increased to the required amount ; in default of which a receiver may be appointed, a C- cording to the provisions of section fifty-two hundred paid shall be allowed to vote. and thirty-four, to close up the business of the aSSO- ciation. (R. S. § 5141.) § 9679. Same; increase—Any association form- ed under this Title may, by its articles of association, provide for an increase of its capital from time to time, as may be deemed expedient, subject to the limitations of this Title. But the maximum Of Such increase to be provided in the articles of association shall be determined by the Comptroller of the Curren- Cy; and no increase of Capital shall be valid until the whole amount of such increase is paid in, and notice thereof has been transmitted to the Comptroller of the Currency, and his certificate obtained specifying the amount of such increase of Capital stock, with his approval thereof, and that it has been duly paid in as part of the capital of such association. (R. S. § 5142.) - § 9680. Same; increase—Any national banking association may, with the approval of the Comptroller of the Currency, by the vote of shareholders owning two-thirds Of the Stock Of Such association, increase its capital stock, in accordance with existing laws, to any sum approved by the said Comptroller, notwith- standing the limit fixed in its original articles of a S- sociation and determined by said Comptroller; and no increase of the capital stock of any national bank- ing association either within or beyond the limit fix- ed in its original articles of association shall be made except in the manner herein provided. (May 1, 1886, c. 73, § 1, 24 Stat. 18.) § 9681. Same; reduction—Any association form- ed under this title may, by the vote of shareholders Owning two-thirds of its capital stock, reduce its Capi- tal to any Sum not below the amount required by this title to authorize the formation Of aSSOCiations; but no such reduction shall be allowable which will reduce the capital of the association below the amount re- quired for its outstanding circulation, nor shall any reduction be made until the amount Of the proposed reduction has been reported to the Comptroller of the Currency and such reduction has been approved by the said Comptroller of the Currency and by the Federal Reserve Board, or by the Organization Com- mittee pending, the Organization. Of the Federal Re- serve Board. (R. S. § 5143, amended, Dec. 23, 1913, c. 6, § 28, 38 Stat. 274.) - § 9682. Same; right of shareholders to vote- In all elections of directors, and in deciding all ques- tions at meetings of shareholders, each shareholder shall be entitled to one vote on each share of Stock held by him. Shareholders may vote by proxies duly authorized in writing; but no officer, clerk, teller, Or book-keeper of such association shall act as proxy ; and no shareholder whose liability is past due and un- (R. S. § 5144.) § 9683. Directors; election—The affairs of each association shall be managed by not less than five directors, who shall be elected by the shareholders at a meeting to be held at any time before the associa- tion is authorized by the Comptroller of the Currency to commence the business of banking ; and afterward at meetings to be held on such day in January Of each year as is specified therefor in the articles of a SSocia- tion. The directors shall hold Office for One year, and until their successors are elected and have quali- fied. (R. S. § 5145.) - § 9684. Same; qualifications—Every director must, during his whole term of service, be a Citizen of the United States, and at least three-fourths of the directors must have resided in the State, Territory, or District in which the association is located for at least one year immediately preceding their election and must be residents therein during their Continu- ance in office. right at least ten shares of the capital stock of the association of which he is a director, unless the Capi- tal of the bank shall not exceed twenty-five thousand dollars, in which case he must own in his own right at least five shares of such capital stock. Any direc- Every director must own in his own § 9685 (Tit. 62 NATIONAL BANKS IPage 1566] tor who ceases to be the owner of the required number of shares of the stock, or who becomes in any other manner disqualified, shall thereby vacate his place. § S. § 5146, amended, Feb. 28, 1905, c. 1163, 33 Stat. 818.) § 9685. Same; oath—Each director, when ap- pointed Or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honest- ly administer the affairs of such association, and will not knowingly violate, Or willingly permit to be vio- lated, any of the provisions of this Title, and that he is the owner in good faith, and in his own right, of the number of shares of stock required by this Title, Subscribed by him, or standing in his name on the books of the association, and that the same is not hypothecated, or in any way pledged, as security for any loan Or debt. Such Oath, Subscribed by the direc- tor making it, and certified by the officer before whom it is taken, shall be immediately transmitted to the Comptroller of the Currency, and shall be filed and preserved in his Office. (R. S. § 5147.) - § 9686. Same; filling vacancies—Any vacancy in the board shall be filled by appointment by the re- maining directors, and any director so appointed shall hold his place until the next election. (R. S. § 5148.) § 9687. Same; proceedings where no election held on proper day—If, from any cause, an election of directors is not made at the time appointed, the association shall not for that cause be dissolved, but an election may be held on any subsequent day, thir- ty days’ notice thereof in all cases having been given in a newspaper published in the city, town, or county in which the association is located; and if no news- paper is published in such city, town, or county, such notice shall be published in a newspaper published nearest thereto. If the articles of association do not fix the day on which the election shall be held, or if no election is held on the day fixed, the day for the election shall be designated by the board of directors in their by-laws, or otherwise; or if the directors fail to fix the day, shareholders representing two- thirds of the shares may do so. (R. S. § 5149.) § 9688. Same; election of president—One of the directors, to be chosen by the board, shall be the president of the board. (R. S. § 5150.) (R. S. § 5151. Superseded.) This section was as follows: “The shareholders of ev- ery national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such associa- tion, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount in- vested in such shares; except that shareholders of any banking association now existing under State laws, having not less than five millions of dollars of capital actually paid in, and a surplus of twenty per centum on hand, both to be determined by the Comptroller of the Currency, . shall be liable only to the amount invested in their shares; and such surplus of twenty per centum shall be kept un- diminished, and be in addition to the surplus provided for in this Title; and if at any time there is a deficiency in such surplus of twenty per centum, such association shall Inot pay any dividends to its shareholders until the de- ficiency is made good; and in case of such deficiency, the Comptroller of the Currency may compel the association to close its business and wind up its affairs under the pro- visions of Chapter four of this Title.” The provisions of the section remaining operative were superseded by the provisions as to liability of shareholders of the Federal Reserve Act of Dec. 23, 1913, c. 6, § 23 (§ 9689). § 9689. Individual liability of shareholders; effect of transfer of shares—The stockholders of every national banking association shall be held in- dividually responsible for all contracts, debts, and engagements Of Such association, each to the amount of his stock therein, at the par value thereof in addi- tion to the amount invested in Such stock. The Stock- holders in any national banking association who shall have transferred their shares or registered the trans- fer thereof within sixty days next before the date of the failure of such association to meet its obligations, or with knowledge of such impending failure, shall be liable to the same extent as if they had made no Such transfer, to the extent that the subsequent trans- feree fails to meet such liability; but this provision shall not be construed to affect in any way any re- course Which such shareholders might otherwise have against those in whose names such shares are register- ed at the time of such failure. (Dec. 23, 1913, c. 6, § 23, 38 Stat. 273.) - - § 9690. Executors or trustees not personally liable—Persons holding stock as executors, adminis- trators, guardians, or trustees, shall not be personally Subject to any liabilities as stockholders; but the es- tates and funds in their hands shall be liable in like manner and to the Same extent as the testator, intes- tate, ward, or person interested in such trust-funds WOuld be, if living and Competent to act and hold the stock in his own name. (R. S. § 5152.) § 9691. Depositaries of public moneys; du- ties and liabilities—All national banking associa- tions, designated for that purpose by the Secretary Of the Treasury, shall be depositaries of public Imon- ey, under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the Government; and they shall perform all Such reasonable duties, as depositaries Of public money and financial agents of the Govern- ment, as may be required of them. The Secretary of the Treasury shall require the associations thus designated to give satisfactory security, by the de- posit of United States bonds and otherwise, for the safekeeping and prompt payment of the public mon- ey deposited with them, and for the faithful per- formance of their duties as financial agents of the Government : Provided, That the Secretary shall, On Or before the first of January of each year, make a public statement of the securities required during that year for Such deposits. And every association so designated as receiver or depositary of the public money shall take and receive at par all Of the na- tional currency bills, by whatever association issued, which have been paid into the Government for in- ternal revenue, or for loans or stocks: Provided, That the Secretary of the Treasury shall distribute the deposits herein provided for, as far as practica- ble, equitably between the different States and sec- tions. (R. S. § 5153, amended, March 3, 1901, c. 871, § 1, 31 Stat. 1448, March 4, 1907, c. 2913, § 3, 34 Stat. 1290, Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, and Aug. 4, 1914, c. 225, 38 Stat. 682.) This section was amended by Act March 3, 1901, c. 871, § 1, 31 Stat. 1448. It was further amended by Act March 4, 1907, c. 2913, § 3, 34 Stat. 1290. By a provision of the Fed- eral Reserve Act of Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, this section and sections 5172, 5191, and 5214 of the Revised Statutes, which were amended by Act May 30, 1908, were re-enacted to read as such sections stood prior to May 30, 1908, subject to such amendments or modifications as were prescribed in said Federal Reserve Act. This section, was not expressly amended by the Aldrich-Vreeland (National Currency Associations) Act of May 30, 1908, c. 229, which was obviously referred to in the provision mentioned above of the Federal Reserve Act of 1913. But said Aldrich-Vree- land Act of May 30, 1908, c. 229, § 15 ($ 9693), provided that all national banking associations designated as regular depositaries of public money should pay upon all special and additional deposits made by the Secretary of the Treasury in such depositaries, and, all such associations designated as temporary depositaries of public moneys should pay upon all sums of public money deposited in such associations, interest at such rate as the Secretary of the Treasury should prescribe, not less than one per centum per annum upon the average monthly amount of such deposits, etc. This provision operated as a modifica- tion of this section, by requiring the payment of interest on deposits of public moneys. Such requirement of pay- ment of interest may be superseded by the provision, men- tioned above, of the Federal Reserve Act of Dec. 23, 1913, c. 6, § 27 as amended; but, since such a construction may be questioned, said Act May 30, 1908, c. 229, § 15, is re- tained in this compilation, and is set forth as $ 9693. The provisions of R. S. § 5191 ($ 9746), relating to re- serves of national banks, were made inapplicable to de- posits of public moneys in designated depositaries, by the Aldrich-Vreeland Act of May 30, 1908, c. 229, § 14 ($ 9692). § 9692. Same; provisions relating to reserves of national banks not to apply to deposits with —The provisions of section fifty-one hundred and ninety-one of the Revised Statutes, With reference to Ch. 2) § 9697 NATIONAL BANKS [Page 1567. I the reserves of national banking associations, shall not apply to deposits of public moneys by the United States in designated depositaries. (May 30, 1908, c. 229, § 14, 35 Stat. 552.) Section 20 of the Aldrich-Vreeland Act provided that the act should expire by limitation on June 30, 1914. Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, extended the provisions of said Aldrich-Vreeland Act, authorizing national currency associ- ations, the issue of additional national-bank circulation, and creating a National Monetary Commission, to June 30, 1915. Said last mentioned date having passed without any further extension, said Aldrich-Vreeland Act must be considered as having expired by such limitation and as having become inoperative. There may, however, be a question as to Whether this section and the following sec- tion which are of general application to national banks, expired by limitation on June 30, 1914, or on June 30, 1915, or even whether it was not intended to be excepted from such limitation altogether, and meant to be left in full force and Operation. Accordingly this section and the following section are included in this compilation as orig- inally enacted. See, also, notes to Chapter Two A of this Title. R. S. § 5191, mentioned in this section, is § 9746. § 9693. Same; rate of interest on special and additional deposits—All national banking associa- tions designated as regular depositaries of public money Shall pay upon all Special and additional de- posits made by the Secretary of the Treasury in such depositaries, and all such associations designated as temporary depositaries of public money shall pay up- on all sums of public money deposited in such as- SOciations interest at such rate as the Secretary of the Treasury may prescribe, not less, however, than One per centum per annum upon the average month- ly amount of such deposits : Provided, however, That nothing contained in this Act shall be construed to Change or modify the obligation of any association or any of its officers for the safe-keeping of public money: Provided further, That the rate of interest Charged upon such deposits shall be equal and uni- form throughout the United States. (May 30, 1908, c. 229, § 15, 35 Stat. 552.) See §§ 9691, 9692, and notes. § 9694. Organization of State banks as na- tional, banking associations—Any bank incorporat- ed by Special law of any State Or Of the United States Or Organized under the general laws Of any State Or Of the United States and having an unim- paired capital sufficient to entitle it to become a na- tional banking association under the provisions of the existing laws may, by the vote of the share- holders owning not less than fifty-One per centum Of the capital Stock Of Such bank Or banking associa- tion, with the approval of the Comptroller of the Currency be converted into a national banking as- Sociation, With any name approved by the COmp- troller Of the CurrenCy: Provided, however, That said conversion shall not be in contravention Of the State law. In Such Case the articles of association and Organization certifi- cate may be executed by a majority of the directors . Of the bank or banking institution, and the Certifi- Cate Shall declare that the OWners Of fifty-One per Centum Of the Capital Stock have authorized the directors to make Such Certificate and to change Or Convert the bank Or banking institution into a na- tional association. A majority of the directors, after executing the articles of association and the Organi- zation certificate, shall have power to execute all other papers and to do whatever may be required to make its Organization perfect and Complete as a national association. they were before the conversion, and the directors may continue to be directors of the association until Others are elected Or appointed in accordance with the provisions Of the statutes Of the United States. . When the COmptroller has given to such bank or banking association a certificate that the provisions of this Act have been complied with, such bank or banking association, and all its stockholders, officers, and employees, Shall have the same powers and privi- The shares of any such bank may continue to be for the Same amount each as leges, and shall be subject to the same duties, lia- bilities, and regulations, in all respects, as Shall have been prescribed by the Federal Reserve Act and by the national banking Act for associations originally organized as national banking associa- tions. (R. S. § 5154, amended, Dec. 23, 1913, c. 6, § 8, 38 Stat. 258.) See § 9792. - 9695. Same; state banks having branches— It shall be lawful for any bank or banking associa- tion Organized under State laws, and having branches, the Capital being joint and assigned to and used by the mother-bank and branches in definite proportions, to become a national banking association in con- formity with existing laws, and to retain and keep in Operation its branches, or such one or more of them as it may elect to retain; the amount of the Circulation redeemable at the mother-bank, and each branch, to be regulated by the amount of capital as- Signed to and used by each. (R. S. § 5155.) $ 9696. Reservation of rights of associations organized under act of 1863–Nothing in this Ti- tle Shall affect any appointments made, acts done, Or proceedings had or commenced prior to the third Clay Of June, eighteen hundred and sixty-four, in Or to Ward the Organization of any national banking aSSOciation under the act of February twenty-five, eighteen hundred and sixty-three; but all associa- tions Which, On the third day of June, eighteen hundred and sixty-four, were organized or com- menced to be Organized under that act, shall en- joy all the rights and privileges granted, and be Subject to all the duties, liabilities, and restrictions imposed by this Title, notwithstanding all the steps prescribed by this Title for the organization of as- Sociations were not pursued, if such associations Were duly organized under that act. (R. S. § 5156.) Chapter Two—Obtaining and Issuing Circulating Notes - Sec. 9637. Associations, governed by chapters 2, 3, and 4. 9698. Rººd bonds intended by term “United States Onds.” 96.98a. Repeal of acts requiring deposit of registered bonds. 9699. Inºse or reduction of deposit to correspond with cap- lta.l. 9700. Exchange of coupon for registered bonds. 97.01. Transfers of bonds; manner of making. 9702. Same; registry of. 97.03. Same; notice. 9704. Examination of registry and bonds. 9705. Annual examination of bonds by associations. 9706. Custody of bonds, and collection of interest. 9707. Withdrawal of notes on deposit of money and with- drawal of bonds. 9708. Amount of bonds required on deposit; reduction of amount or retirement in full of notes. 9709. Withdrawal of notes on deposit of money, and withdraw- all of bonds, or other securities. ſ 97.10. Comptroller to determine if associations can commence business. 9711. Certificate of authority to commence banking. 97.12. Same; publication. 9713. Circulating notes ; delivery. 97.13a. Same; denominations; limitation on amount of one and two dollar notes. 9714. Same; printing, denominations, and form. 97.15. Same; charter-numbers printed on. 97.16. Same; distinctive paper for printing. 97.17. Same; plates and dies under control of Comptroller. 97.18. Same; annual examination of plates and dies. 9719. Same; limit to issue of notes under five dollars. 97.192. Same; R. S. § 5175, repealed. 97.20. Aggregate amount of circulating notes not limited. 9721. For what demands national bank notes may be received. 9722. Issue of other notes prohibited. - 9723. Destroying and replacing wornout and mutilated notes. 9724. Organization of associations to issue gold notes au- thorized. - 9725. Same; removal of limitation on circulation of gold banks. 9726. Same; lawful money reserve, and duty of receiving notes of other associations. 9727. Same ; conversion into currency banks. 9723. Issuing circulating notes to unauthorized associations. § 96.97. Associations governed by chapters 2, 3, and 4—The provisions of chapters two, three, and four of this Title, which are expressed without re- ź 9698 (Tit. 62 NATIONAL BANES [Page 1568] strictive words, as applying to “national banking as- sociations,” or to “associations,” apply to all associa- tions organized to carry on the business of banking under any act of Congress. (R. S. § 5157.) § 9698. Registered bonds intended by term “United States bonds”—The term “United States bonds,” as used throughout this chapter, shall be con- Strued to mean registered bonds of the United States. (R. S. § 5158.) & 4. (R. S. § 5159. Repealed.) This Section was as follows: “Every association, after having Complied with the provisions of this Title, prelim- inary to the commencement of the banking business, and before it shall be authorized to commence banking busi- ness under this Title, shall transfer and deliver to the Treasurer of the United States any United States regis- tered bonds, bearing interest, to an amount not less than thirty thousand dollars and not less than one-third of the capital Stock paid in. Such bonds shall be received by the Treasurer upon deposit, and shall be by him safely kept in his office, until they shall be otherwise disposed of, in pursuance of the provisions of this Title.” It was repeal- • ed by the Federal Reserve Act of Dec. 23, 1913, c. 6, § 17, 38 Stat. 268, which provided that “so much of the provi- sions of section fifty-one hundred and fifty-nine of the Revised Statutes of the United States * * * as require that before any national banking associations shall be au- thorized to commence banking business it shall transfer and deliver to the Treasurer of the United States a stated amount of United States registered bonds is hereby re- pealed.” The further provisions of the section not in- cluded in said description of the provisions repealed, as they related only to the custody and disposition of the bonds required to be deposited by the repealed, provisions, became temporary merely upon such repeal. Banks hav- ing a capital of $150,000, or less, were not to be required to keep on deposit bonds in excess of one-fourth of the capital stock as security for their circulating notes, by the Currency Act of July 12, 1882, c. 290, § 8, post, § 9708. So much of said Act July 12, 1882, c. 290, § 8, as required that before any national banking association should be au- thorized to commence banking business it should transfer and deliver to the Treasurer of the United States a stated amount of United States registered bonds was repealed by the Federal Reserve Act of Dec. 23, 1913, c. 6, § 17, 38 Stat. 268. Said Act Dec. 23, 1913, c. 6, § 17, was amended by Act June 21, 1917, c. 32, § 9. See § 9698a. § 9698a. Repeal of acts requiring deposit of registered bonds—So much of the provisions Of Sec- tion fifty-one hundred and fifty-nine of the Revised Statutes of the United States, and section four of the Act of June twentieth, eighteen hundred and Sev- enty-four, and section eight of the Act of July twelfth, eighteen hundred and eighty-two, and of any other provisions of existing statutes as require that before any national banking association shall be authorized to commence banking business it shall transfer and deliver to the Treasurer of the United States a Stated amount of United States registered bonds, and SO much of those provisions or of any other provisions of existing statutes as require any national banking association now or hereafter organized to Imaintain a minimum deposit of such bonds with the Treasurer is hereby repealed. (Dec. 23, 1913, c. 6, § 17, 38 Stat. 268, amended, June 21, 1917, c. 32, § 9, 40 Stat. 239.) See note under R. S. § 5159, above. § 9699. correspond with capital—The deposit of bonds made by each association shall be increased as its capital may be paid up or increased, so that every association shall at all times have on deposit with the Treasurer registered United States bonds to the amount of at least One-third of its Capital stock actually paid in. And any association that may desire to reduce its capital or to close up its business and dissolve its or- ganization, may take up its bonds upon returning to the Comptroller its circulating notes in the propor- tion hereinafter required, or may take up any excess of bonds beyond One-third of its capital stock, and upon which no circulating notes have been delivered. (R. S. § 5160.) See § 9698a, and note. § 9700. Exchange of coupon for registered bonds—TO facilitate a compliance with the two pre- ceding sections, the Secretary of the Treasury is au- thorized to receive from any association, and cancel, any United States coupon bonds, and to issue in lieu thereof registered bonds of like amount, bearing a Increase or reduction of deposit to like rate of interest, and having the same time to rury. (R. S. § 5161.) - - See § 9698a, and note. § 97.01. Transfers of bonds; manner of mak- ing—All transfers of United States bonds, made by any association under the provisions of this Title, Shall be made to the treasurer Of the United States in trust for the association, with a memorandum Writ- ten or printed on each bond, and signed by the cashier, or some other officer of the association making the deposit. A receipt shall be given to the association, by the Comptroller of the Currency, or by a clerk ap- pointed by him for that purpose, stating that the bond is held in trust for the association on whose be- half the transfer is made, and as Security for the re- demption and payment of any circulating notes that have been or may be delivered to such association. No assignment or transfer of any such bond by the Treasurer shall be deemed valid unless CounterSigned by the Comptroller of the Currency. (R. S. § 5162.) See § 9698a and note. - - § 97.02. Same; registry of—The Comptroller of the Currency shall keep in his Office a book in which he shall cause to be entered, immediately upon coun- tersigning it, every transfer or assignment by the Treasurer, of any bonds belonging to a national bank- ing association, presented for his signature. He shall state in such entry the name of the association from whose accounts the transfer is made, the name of the party to whom it is made, and the par value of the bonds transferred. (R. S. § 5163.) - See § 9698a, and note. § 97.03. Same; notice—The Comptroller of the Currency shall, immediately upon countersigning and entering any transfer or assignment by the Treasurer, of any bonds belonging to a national banking associa- tion, advise by mail the association from whose ac- counts the transfer is made, of the kind and numeri- cal designation of the bonds, and the amount thereof so transferred. (R. S. § 5164.) See § 9698a and note. § 97.04. Examination of registry and bonds—The Comptroller of the Currency shall have at all times, during office-hours, access to the books of the Treas- urer of the United States for the purpose of ascer- taining the correctness of any transfer or assignment of the bonds deposited by an association, presented to the Comptroller to countersign ; and the Treasurer shall have the like access to the book mentioned in Section fifty-one hundred and sixty-three, during Of- fice-hours, to ascertain the correctness of the entries in the same; and the Comptroller shall also at all times have access to the bonds on deposit with the Treasurer, to ascertain their amount and condition. (R. S. § 5165.) - See § 9698a, and note. - § 9705. Annual examination of bonds by as- sociations—Every association having bonds deposit- ed in the office of the Treasurer of the United States shall, once or oftener in each fiscal year, examine and compare the bonds pledged by the association with the books of the Comptroller of the Currency and with the accounts of the association, and, if they are found correct, to execute to the Treasurer a Cer- tificate setting forth the different kinds and the amounts thereof, and that the same are in the pos- session and custody of the Treasurer at the date of the certificate. Such examination shall be made at such time or times, during the ordinary business hours, as the Treasurer and the Comptroller, respec- tively, may select, and may be made by an officer or agent of such association, duly appointed in writing for that purpose; and his certificate before mentioned shall be of like force and validity as if executed by the president or cashier. A duplicate of such certifi- cate, signed by the treasurer, shall be retained by the association. (R. S. § 5166.) Sea Ś 9698a and note. . § 97.06. Custody of bonds, and collection of interest—The bonds transferred to and deposited With the Treasurer of the United States, by any as- Ch. 2) 3 3710. NATIONAL BANKS [Page 1569] sociation, for the security of its circulating notes, shall be held exclusively for that purpose, until Such notes are redeemed, except as provided in this Ti- tle. The Comptroller of the Currency shall give to any such association powers of attorney to receive and appropriate to its Own use the interest. On the bonds which it has SO transferred to the Treasurer ; but such powers shall become inoperative whenever such association fails to redeem its circulating notes. Whenever the market or Cash value of any bonds thus deposited with the Treasurer is reduced below the amount of the circulation issued for the same, the Comptroller may demand and receive the amount of Such depreciation in other United States bonds at Cash Value, or in money, from the association, to be deposited With the Treasurer as long as such depre- Ciation Continues. And the Comptroller, terms prescribed by the Secretary Of the Treasury, may permit an exchange to be made of any of the bonds deposited with the Treasurer by any associa- tion, for other bonds of the United States authorized to be received as security for circulating notes, if he is Of Opinion that such an exchange Can be made without prejudice to the United States; and he may direct the return Of any bonds to the association which transferred the same, in sums of not less than One thousand dollars, upon the Surrender to him and the Cancellation of a proportionate amount of Such Circulating notes: Provided, That the remaining bonds which shall have been transferred by the aS- sociation offering to surrender circulating notes are equal to the amount required for the circulating notes not surrendered by such association, and that the amount Of bonds in the hands Of the Treasurer is not diminished below the amount required to be kept on deposit with him, and that there has been no failure by the association to redeem its circulating notes, nor any other violation by it of the provisions of this Title, and that the market or cash value of the remaining bonds is not below the amount requir- ed for the circulation issued for the same. (R. S. § 5167.) - - See § 9698a and note. § 9707. Withdrawal of notes on deposit of . money and withdrawal of bonds—Any association organized under this act, or any of the acts of which this is an amendment, desiring to withdraw its cir- culating notes, in whole or in part, may, upon the de- posit of lawful money with the Treasurer of the United States in Sums Of not less than nine thousand dollars, take up the bonds which said association has On deposit with the Treasurer for the Security of Such circulating notes; which bonds shall be assigned to the bank in the manner Specified in the nineteenth Section. Of the national-bank act ; and the Outstand- ing notes Of Said association, to an amount equal to the legal-tender notes deposited, shall be redeemed at the Treasury of the United States, and destroyed as now provided by law: Provided, That the amount of the bonds On deposit for Circulation shall not be re- duced below fifty thousand dollars. (June 20, 1874, c. 343, § 4, 18 Stat. 124.) See § 9698a and note. § 9708. Amount of bonds required on deposit; reduction of amount or retirement in full of notes—National banks now organized or hereafter Organized, having a capital of one hundred and fifty thousand dollars, Or less, shall not be required to keep On deposit Or deposit with the Treasurer of the Unit- ed States United States bonds in excess of one-fourth of their capital stock as security for their circulating notes; but such banks shall keep on deposit or deposit With the Treasurer Of the United States the amount Of bonds as herein required. And such of those banks hav- ing On deposit bonds in excess of that amount are au- thorized to reduce their circulation by the deposit of lawful money as provided by law; provided That the COMP.S.T.’18–99 pay Such assessment. upon the amount of such circulating notes shall not in any ease exceed ninety per centum of the par value of the bonds deposited as herein provided: Provided fur- ther, That the national banks which shall hereafter make deposits of lawful money for the retirement in full Of their circulation shall at the time of their de- posit be assessed for the cost of transporting and re- deeming their notes then Outstanding, a sum equal to the average COSt Of the redemption of national-bank notes during the preceding year, and shall thereupon And all national banks which have heretofore made Or shall hereafter make de- posits of lawful money for the reduction of their cir- Culation shall be assessed and shall pay an assess- ment in the manner specified in section three of the act approved June twentieth, eighteen hundred and Seventy-four, for the cost of transporting and redeem- ing their notes redeemed from such deposits subse- quently to June thirtieth, eighteen hundred and eighty-one. (July 12, 1882, c. 290, § 8, 22 Stat. 164.) See § 9698a and note. § 9709. Withdrawal of notes on deposit of money and withdrawal of bonds or other securi- ties—Any national banking association desiring to withdraw its circulating notes, secured by deposit of United States bonds in the manner provided in sec- tion four of the Act approved June twentieth, eight- een hundred and seventy-four, is hereby authorized for that purpose to deposit lawful money with the Treasurer of the United States and, with the con- sent of the Comptroller of the Currency and the ap- proval of the Secretary of the Treasury, to withdraw a proportionate amount of bonds held as security for its circulating notes in the order of such deposits: Provided, That not more than nine millions of dol- lars of lawful money shall be so deposited during any Calendar month for this purpose. Any national banking association desiring to with- draw any of its circulating notes, secured by the de- posit Of Securities other than bonds of the United States, may make Such withdrawal at any time in like manner and effect by the deposit of lawful money Or national bank notes with the Treasurer of the United States, and upon such deposit a proportion- ate share of the securities so deposited may be with- drawn: Provided, That the deposits under this sec- tion to retire notes secured by the deposit of securi. ties Other than bonds of the United States Shall not be covered into the Treasury, as required by section Six of an Act entitled “An Act directing the purchase Of silver bullion and the issue of Treasury notes there- On, and for other purposes,” approved July four- teenth, eighteen hundred and ninety, but shall be re- tained in the Treasury for the purpose of redeeming the notes of the bank making such deposit. (July 12, 1882, c. 290, § 9, 22 Stat. 164, amended, March 14, 1900, c. 41, § 12, 31 Stat. 49, March 4, 1907, c. 2913, § 4, 34 Stat. 1290, and May 30, 1908, c. 229, § 10, 35 Stat. 551.) - - Sea $ 9698a and note. § 9710. Comptroller to determine if associa. tions can commence business--Whenever a certifi- Cate is transmitted to the Comptroller of the Curren- Cy, as provided in this Title, and the association transmitting the same notifies the Comptroller that at least fifty per centum of its capital stock has been duly paid in, and that such association has complied with all the provisions of this Title required to be Complied with before an association shall be author- ized to commence the business of banking, the Comp- troller Shall examine into the Condition of such as- sociation, ascertain especially the amount of money paid in on account of its capital, the name and place Of residence Of each of its directors, and the amount Of the Capital Stock of which each is the owner in good faith, and generally whether such association has complied with all the provisions of this Title re- Quired to entitle it to engage in the business of bank- & 9710 - - NATIONAL BANKS. (Tit. 62 g - [Page 157 OI - - ing; and shall cause to be made and attested by the Oaths of a majority of the directors, and by the pres- ident or cashier of the association, a statement Of all the facts necessary to enable the Comptroller to de- termine whether the association is lawfully entitled to commence the business of banking. (R. S. § 5168.) See § 9698a and note. § 9711. Certificate of authority to commence Thanking—If, upon a careful examination of the facts SO reported, and Of any other facts which may come to the knowledge of the Comptroller, whether by means of a special commission appointed by him for the purpose of inquiring into the condition of such association, or Otherwise, it appears that Such asso- ciation is lawfully entitled to commence the business of banking, the Comptroller shall give to such asso- ciation a certificate, under his hand and official seal, that such association has complied with all the pro- visions required to be complied with before commenc- ing the business of banking, and that such associa- tion is authorized to commence such business. But the Comptroller may withhold from an association his certificate authorizing the commencement of busi- ness, whenever he has reason to suppose that the shareholders have formed the same for any other #han the legitimate objects contemplated by this Ti- tle. (R. S. § 5169.) § 97.12. Same; publication—The association shall cause the certificate issued under the preceding Section to be published in some newspaper printed in the City Or county where the association is located, for at least sixty days next after the issuing there- of; or, if no newspaper is published in such city or County, then in the newspaper published nearest thereto. (R. S. § 5170.) (R. S. § 5171. Repealed.) This section, as enacted in the Revised Statutes, was as follows: “Upon a deposit of bonds as prescribed by sec- tions fifty-one hundred and fifty-nine and fifty-one hun- dred and sixty, the association making the same shall be entitled to receive from the Comptroller of the Currency circulating notes of different denominations, in blank, reg- istered and countersigned as hereinafter provided, equal in amount to ninety per centum of the current market- value of the United States, bonds so transferred and de- livered, but not exceeding ninety per centum of the amount of the bonds at the par value thereof, if bearing interest at a rate not less than five per centum per annum : Pro- vided, That the amount of circulating notes to be furnished to each association shall be in proportion to its paid-up - capital, as follows, and no more: “First. To each association whose capital does not ex- ceed five hundred thousand dollars, ninety per centum of such capital. - - “Second. To each association whose capital exceeds five hundred thousand dollars, but does not exceed one mil- lion of dollars, eighty per centum of Such capital. “Third. To each association whose capital exceeds one million of dollars, but does not exceed three million of dollars, seventy-five per centum of Such capital. “Fourth. To each association whose capital exceeds three millions of dollars, sixty per centum of such capi- tal.’’ It was repealed by the Currency Act of July 12, 1882, c. 290, § 10, 22 Stat. 165, which further provided as follows: “Upon a deposit of bonds as described by sections fifty- one hundred and fifty-nine and fifty-one hundred and sixty, except as modified by section four of an act entitled ‘An act fixing the amount of United States notes, provid- ing for a redistribution of the national-bank currency, and for other purposes,’ approved June twentieth, eighteen hun- dred and seventy-four, and as modified by section eight, of this act, the association making the same shall be en- titled to receive from the Comptroller" of the Currency cir- culating notes of different denominations, in blank, regis- tered and countersigned as provided by law, equal in amount to ninety per centum of the current market value, not exceeding par, of the United States bonds so transfer- red and delivered, and at no time shall the total amount of such notes issued to any Such association exceed ninety per centum of the amount at Such time actually paid in of its capital stock.” - Said repealing section was superseded by the Parity Act of March 14, 1900, c. 41, § 12 (§ 9713), which prescribed the manner in which circulating notes were to be issued. § 9713. Circulating notes; delivery—Upon the deposit with the Treasurer of the United States, by any national banking aSSOCiation, of any bonds of the United States in the manner provided by exist- ing law, such association shall be entitled to receive from the Comptroller of the Currency circulating notes in blank, registered and countersigned as pro- Vided by law, equal in amount to the par value of the bonds SO deposited ; and any national banking as- Sociation now having bonds on deposit for the secu- rity of Circulating notes, and upon which an amount of Circulating notes has been issued less than the par Value Of the bonds, shall be entitled, upon due ap- plication to the Comptroller of the Currency, to re- Ceive additional circulating notes in blank to an amount which will increase the circulating notes held by Such association to the par value of the bonds deposited, Such additional notes to be held and treat- ed in the same way as circulating notes of national banking associations heretofore issued, and subject to all the provisions of law affecting such notes: Pro- Vided, That nothing herein contained shall be con- Strued to modify or repeal the provisions of section fifty-one hundred and sixty-seven of the Revised Stat- utes of the United States, authorizing the Comptrol- ler of the Currency to require additional deposits of bonds or of lawful money in case the market value Of the bonds held to secure the circulating notes shall fall below the par value of the circulating notes out- Standing for which such bonds may be deposited as Security: And provided further, That the circulating notes furnished to national banking associations un- der the provisions of this Act shall be of the denomi- nations prescribed by law: And provided further, That the total amount of such notes issued to any Such association may equal at any time but shall not exceed the amount at such time of its capital stock actually paid in: And provided further, That under regulations to be prescribed by the Secretary of the Treasury any national banking association may sub- Stitute the two per centum bonds issued under the provisions of this Act for any of the bonds deposited With the Treasurer to secure circulation or to secure Čeposits Of public money; , and so much of an Act entitled “An Act to enable national banking associa- tions to extend their corporate existence, and for Other purposes,” approved July twelfth, eighteen hun- dred and eighty-two, as prohibits any national bank Which makes any deposit of lawful money in order to Withdraw its circulating notes from receiving any in- Crease Of its circulation for the period of six months from the time it made such deposit of lawful money for the purpose aforesaid, is hereby repealed, and all Other Acts or parts of Acts inconsistent with the provisions of this section are hereby repealed. (March 14, 1900, c. 41, § 12, 31 Stat. 49, repealed in part, Oct. 5, 1917, c. 74, § 2, 40 Stat. 342.) § 97.13a. Same; denominations; limitation on amount of one and two dollar notes—From and aft- er the passage of this Act any national banking asso- Ciation, upon compliance with the provisions of law applicable thereto, shall be entitled to receive from the Comptroller of the Currency, or to issue or re- issue, or place in circulation notes in denominations of $1, $2, $5, $10, $20, $50, and $100 in such propor- tion as to each of said denominations as the bank may elect: Provided, however, That no bank shall re- ceive or have in circulation at any one time more than $25,000 in notes of the denominations of $1 and $2. (Oct. 5, 1917, c. 74, § 3, 40 Stat. 342.) § 9714. Same; printing, demonimations, and form—In Order to furnish Suitable notes for circu- lation, the Comptroller of the Currency shall, un- der the direction of the Secretary of the Treasury, cause plates and dies to be engraved, in the best man- ner to guard against Counterfeiting and fraudulent alterations, and shall have printed therefrom, and numbered, such quantity of circulating notes in blank, of the denominations of One dollar, two dollars, three dollars, five dollars, ten dollars, twenty dollars, fifty dollars, one hundred dollars, five, hundred dollars, and one thousand dollars, as may be required to Sup- ply the associations entitled to receive the same. Ch. 2) & 9720 NATIONAL BANES Such notes shall express upon their face that they are Secured by United States bonds, deposited with the Treasurer of the United States, by the written or en- graved signatures of the Treasurer and Register, and by the imprint of the seal of the Treasury; and shall also express upon their face the promise of the as- Sociation receiving the same to pay on demand, at- tested by the signatures of the president or vice- president and cashier; and shall bear such. devices and Such Other statements, and shall be in such form, as the Secretary of the Treasury shall, by regulation, direct. (R. S. § 5172, amended, May 30, 1908, c. 229, § 11, 35 Stat. 551, Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, and Aug. 4, 1914, c. 225, 38 Stat. 682.) § 9715. Same; charter-numbers printed on— The Comptroller of the Currency shall, under such rules and regulations as the Secretary of the Treasury may prescribe, Cause the charter-numbers of the as- SOciation to be printed upon all national-bank notes Which may be hereafter issued by him. C. 343, § 5, 18 Stat. 124.) - § 97.16. Same; distinctive paper for printing —The national-bank notes shall be printed under the direction of the Secretary of the Treasury, and upon the distinctive or special paper which has been, or may hereafter be, adopted by him for printing Unit- ed States notes. 372.) - - - § 97.17. Same; plates and dies under control of Comptroller—The plates and special dies to be procured by the Comptroller of the Currency for the printing of such circulating notes shall remain un- der his control and direction, and the expenses neces- Sarily incurred in executing the laws respecting the procuring of Such notes, and all. Other expenses of the Bureau of the Currency, shall be paid Out of the pro- Ceeds Of the taxes Or duties assessed and Collected. On the circulation of national banking associations under this Title. (R. S. § 5173.) § 97.18. Same; annual examination of plates and dies—The Comptroller of the Currency shall cause to be examined, each year, the plates, dies, bed-pieces, and Other material from Which the national-bank Cir- culation is printed, in whole or in part, and file in his Office annually a Correct list Of the same. Such material as shall have been used in the printing of the notes of associations which are in liquidation, or have closed business, shall be destroyed under such regu- lations as shall be prescribed by the Comptroller of the Currency and approved by the Secretary of the Treas- ury. The expenses of any such examination or de- struction shall be paid Out Of any appropriation made by Congress for the special examination of national banks and bank-note plates. (R. S. § 5174, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) § 9719. Same; limit to issue of notes under five dollars—Not more than One-sixth part of the notes furnished to any association shall be of a less denomination than five dollars. After specie payments are resumed no association shall be furnished with notes of a less denomination than five dollars. (R. S. § 5175.) See § 97192. § 97192. Same; R. S. § 5175, repealed—That the Act of June third, eighteen hundred and sixty- four, Revised Statutes, section fifty-One hundred and seventy-five, which prohibits national banks from be- ing furnished With notes Of less denomination than $5, be, and it is hereby, repealed. (Oct. 5, 1917, c. 74, § 1, 40 Stat. 342.) A. See § 9719. (R. S. § 5176. Repealed.) This Section was as follows: “No banking association organized subsequent to the twelfth day of July, eighteen hundred and seventy, shall i. a circulation in excess of five hundred thousand dol- ars.” It was repealed by the Currency Act of July 12, 1882, c. 290, § 10, 22 Stat. 165, which enacted a substitute for R. S. , § 5171, which in turn was superseded by the Parity Act of March 14, 1900, c. 41, § 12 (§ 9713). (June 20, 1874, (March 3, 1875, c. 130, § 1, 18 Stat. [Page 15711 | (R. S. § 5177. Repealed.) This Section provided that the aggregate amount of circu- lating notes issued under Act Feb. 25, 1863, c. 58, 12 Stat. 665; Act June 3, 1864, c. 106, 13 Stat. 99; Act July 12, 1870, c. 252, § 1, 16 Stat. 251, and this Title, should not exceed $354,000,000. It was repealed by the Resumption Act of Jan. 14, 1875, c. 15, § 3 (§ 9720). of § 9720. Aggregate amount circulating notes not limited—Section five thousand One hun- dred and Seventy-seven of the Revised Statutes of the |United States, limiting the aggregate amount of Circulating-notes of national banking-associations, be, and is hereby, repealed ; and each existing bank- ing-aSSOciation may increase its circulating-notes in accordance with existing law without respect to Said aggregate limit; and new banking-associations may be Organized in accordance with existing law Without respect to said aggregate limit; and the pro- Visions of law for the withdrawal and redistribution of national-bank currency among the several States and Territories are hereby repealed. (Jan. 14, 1875, c. 15, § 3, 18 Stat. 296.) - (R. S. §§ 5178–5181. R. S. § 5178, was as follows: - “One hundred and fifty millions of dollars of the entire amount of circulating notes authorized to be issued shall be apportioned to associations in the States, in the Ter- ritories, and in the District of Columbia, according to rep- resentative population. One hundred and fifty millions shall be apportioned by the Secretary of the Treasury among associations formed in the several States, in the Territories, and in the District of Columbia, having due regard to the existing banking capital, resources, and busi- Iness of such States, Territories, and District. The re- Imaining fifty-four millions shall be apportioned among as- sociations in States and Territories having, under the ap- portionments above prescribed, less than their full pro- portion of the aggregate amount of notes authorized, which made due application for circulating notes prior to the ''' twelfth day of July, eighteen hundred and seventy-one. Any remainder of such fifty-four millions shall be issued to banking associations applying for circulating notes in other States or Territories having less than their propor- tion.” R. S. § 5179, was as follows: “In order to secure a more equitable distripution of the national banking currency, there may be issued circulat- ing notes to banking associations organized in States and Territories having less than their proportion, and the amount of circulation herein authorized shall, under the direction of the Secretary of the Treasury, as it may be required for this purpose, be withdrawn, as herein pro- vided, from banking associations organized in States hav- ing more than their proportion, but the amount SO with- drawn shall not exceed twenty-five million dollars : Pro- vided, That no circulation shall be withdrawn under the provisions of this section until after the fifty-four millions granted in the first section of the act of July twelfth, eighteen hundred and seventy, shall have been taken up.” R. S. § 5180, was as follows: “The Comptroller of the Currency shall, under the di- rection of the Secretary of the Treasury, make a state- ment showing the amount of circulation in each State and Territory, and the amount necessary to be withdrawn from each association, and shall forth with make a requisition for such amount upon such associations, commencing with those having a circulation exceeding one million of dollars, in States having an excess of circulation, and withdraw- ing their circulation in excess of one million of dollars, and then proceeding proportionately with other associations having a circulation exceeding three hundred thousand dollars, in States having the largest excess of circulation, and reducing the circulation of such associations in States having the greatest proportion in excess, leaving undis- turbed the associations in States having a smaller propor- tion, until those in greater excess have been reduced to the same grade, and continuing thus to make Such reduc- tions until the full amount Of tWenty-five millions has been withdrawn; and the circulation so withdrawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same. Upon failure of any association to return the amount of circulating notes so required, within one year, the Comp- troller shall sell at public auction, having given twenty days’ notice thereof in one daily newspaper printed in Washington and one in New York City, an amount of the bonds deposited by that association as security for its cir- culation, equal to the circulation required to be withdrawn . from the association and not returned in compliance with such requisition; and he shall, with the proceeds, redeem so many of the notes of such association, as they come into the Treasury, as will equal the amount required and nbt returned; and shall pay the balance, if any, to the association.” - R. S. § 5181, was as follows: “Any association located in any State having more than its proportion of circulation may be removed to any Stata Repealed.) 3 97.21 (Tit. 62 NATIONAL BANES ... [Page 1572] having less than its proportion of circulation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, shall prescribe: Provided, That the amount of the issue of said banks shall not be deducted from the issue of fifty-four millions mentioned in section, five thousand one hundred and seventy-eight.” - These four sections were included in the repeal of “the provisions of law for the withdrawal and redistribution of national-bank currency among the several States and Ter- ritories,” by the Resumption Act of Jan. 14, 1875, c. 15, § 3 (§ 9720). § 9721. For what demands national bank notes may be received—After any association receiv- ing circulating notes under this Title has caused its promise to pay such notes on demand to be signed by the president or vice-president and cashier there- of, in such manner as to make them obligatory prom- issory notes, payable on demand, at its place of busi- ness, such association may issue and Circulate the same as money. And the same shall be received at par in all parts of the United States in payment of taxes, excises, public lands, and all other dues to the United States, except duties On imports; and also for all salaries and other debts and demands owing by the United States to individuals, corporations, and associations within the United States, except interest on the public debt, and in redemption of the nation- al currency. (R. S. § 5182.) - § 9722. Issue of other notes prohibited—No national banking association shall issue post notes or any other notes to circulate as money than such as are authorized by the provisions Of this Title. (R. S. § 5183, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) - . § 9723. Destroying and replacing worn-out and mutilated notes—It shall be the duty of the Comptroller of the Currency to receive worn-out or mutilated circulating notes issued by any banking as- sociation, and also, on due proof of the destruction. of any such circulating notes, to deliver in place there- Of to the association other blank circulating notes to an equal amount. Such worn-out or mutilated notes, after a memorandum has been entered in the proper books, in accordance with such regulations as may be established by the Comptroller, as well as all cir- culating notes which shall have been paid or surren- dered to be Canceled, shall be burned to ashes in pres- ence of four persons, one to be appointed by the Sec- retary of the Treasury, one by the Comptroller of the Currency, one by the Treasurer of the United States, and One by the association, under such regulations as the Secretary of the Treasury may prescribe. A Certificate of such burning, signed by the parties so appointed, shall be made in the books of the Comp- troller, and a duplicate thereof forwarded to the asso- Ciation whose notes are thus canceled. (R. S. § 5184) § 9724. Organization of associations to is- sue gold notes authorized—Associations may be or- ganized in the manner prescribed by this Title for the purpose of issuing notes payable in gold ; and upon the deposit of any United States bonds bearing interest payable in gold with the Treasurer of the United States, in the manner prescribed for other as- Sociations, it shall be lawful for the Comptroller of the Currency to issue to the association making the deposit Circulating notes of different denominations, but none of them of less than five dollars, and not ex- ceeding in amount eighty per centum of the par Value of the bonds deposited, which shall express the prom- ise of the association to pay them, upon presentation at the Office at which they are issued, in gold coin of the United States, and shall be so redeemable. But no Such association shall have a circulation of more than one million of dollars. (R. S. § 5185) § 9725. Same; removal of limitation on circu- lation of gold banks—So much of section five thou- Sand One hundred and eighty-five of the Revised Stat- utes Of the United States as limits the circulation of banking-associations, organized for the purpose of is- suing notes payable in gold, severally to one million dollars, be, and the same is hereby, repealed; and each Of Such existing banking-associations may in- Crease its circulating-notes, and new banking-associa- tions may be organized, in accordance with existing law, Without respect to such limitation. (Jan. 19, 1875, c. 19, 18 Stat. 302.) . § 9726. Same; lawful money reserve, and duty of receiving notes of other associations— Every association organized under the preceding sec- tion Shall at all times keep on hand not less than tWenty-five per centum of its outstanding circulation, in gold or silver coin of the United States; and Shall receive at par in the payment of debts the gold- notes of every other such association which at the time of such payment is redeeming its circulating notes in gold coin of the United States, and shall be subject to all the provisions of this Title: Provided. That, in applying the same to associations organized for issuing gold-notes, the terms “lawful money” and “lawful money of the United States” shall be con- Strued to mean gold or silver coin of the United States; and the circulation of such associations shall not be within the limitation of circulation mentioned in this Title. . (R. S. § 5186.) - § 9727. Same; conversion into currency banks –Any national gold bank organized under the provi- Sions of the laws of the United States, may, in the manner and subject to the provisions prescribed by Section fifty-one hundred and fifty-four of the Revis- ed Statutes of the United States, for the conversion of banks incorporated under the laws of any State, Cease to be a gold bank, and 'become such an asso- Ciation as is authorized by section fifty-one hundred and thirty-three, for carrying on the business of bank- ing, and shall have the same powers and privileges, and shall be subject to the same duties, responsibili- ties, and rules, in all respects. as are by law prescribed for such associations: Provided, That all certificates of organization which shall be issued under this act shall bear the date of the original organization of each bank respectively as a gold bank. (Feb. 14, 1880, c. 25, 21 Stat. 66.) - See §§ 9658, 9694. § 9728. Issuing circulating notes to unau- thorized associations—No officer acting under the provisions of this Title shall countersign or deliver to any association, or to any other company or person, any circulating notes contemplated by this Title, ex- Cept in accordance with the true intent and mean- ing of its provisions. Every officer who violates this Section shall be deemed guilty of a high misdemeanor, and shall be fined not more than double the amount so Countersigned and delivered, and imprisoned not less than One year and not more than fifteen years. (R. S. § 5187.) . (R. S. §§ 5188, 5.189. Repealed.) R. S. § 5188, made punishable the imitating of national bank notes by business, etc., cards, etc., or advertisements, or Writing, printing, etc., on such notes, any business, etc., card, or notice or advertisement. R. S. § 5189, made punishable the mutilating, etc., na- tional bank notes, etc., with intent to render the same unfit to be reissued. These two sections were incorporated into the Criminal Code, in secticns 175, 176, thereof, respectively (§§ 10345, 10346), and were repealed by section 341 thereof (§ 10515). Chapter Two A–National Currency Associations - This chapter, inserted here as additional to the original chapters of this Title of the Revised Statutes, included the provisions for the issue by national currency associa- tions of additional circulating notes, in emergencies; be- ing parts of the Aldrich-Vreeland (National Currency As- sociations) Act of May 30, 1908, c. 229, 35 Stat. 546, Act Aug. 22, 1911, c. 36, § 4, 35 Stat. 553, and Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274. Section 1 of said Act May 30, 1908, c. 229, authorized na- tional banking associations having a certain amount of capital and surplus to form voluntary associations, to be designated as national Currency associations, prescribed the method of organizing such associations, limited the number of such associations in any one city, designated Ch. 2A) 33 97.29–9743 NATIONAI, BANES the geographical locations of such associations, provided for the admission to Such associations of national banks having the necessary qualifications, provided that each as- sociation should be composed exclusively of banks not members of any other association, provided for the effect of the dissolution of a member of such association and the effect of the reduction in number of members of such as- sociations, provided for the management of the affairs of such associations, provided for the making of by-laws by such associations, prescribed the officers of such associa- tions, prescribed the powers of the executive committees of such associations, provided for the issue by such asso- ciations of additional circulating notes on deposit of secu- rities, including commercial paper, and prescribed the lia- bility of the banks belonging to such associations and their assets for the redemption of such additional circu- lating notes. - Section 2 of said act prescribed the procedure to be fol- lowed on the failure of any bank belonging to such asso- Ciations to preserve or make good its fund for the re- demption of the circulating notes issued under the provi- Sions of section 1. Section 3 of said act provided for the issue by national banks, under certain conditions, of additional circulating notes on deposit of bonds other than United States bonds. Section 4 of said act provided for the disposition, etc., of the bonds deposited under section 3, Section 5 of said act prescribed the status of the addi- tional circulating notes issued under the act, and limited the amount of such notes which might be issued. Section 6 of said act provided for an additional redemp- tion fund for additional circulating notes outstanding. Section 7 of said act provided for the distribution of the additional circulating notes proportionate to the capital and Surplus of national banks in each state, and provided for emergency assignments of such circulating notes not applied for from, the amounts authorized. Section 8 of said act required the Secretary of the Treas- ury to obtain information as to the securities acceptable i. the act and to furnish such information to national a. Il R.S. Section 9 of said act amended R. S. § 5214, § 9779, but Said section was re-enacted to read as it stood prior to said amendment, with an amendment of a portion thereof, by a provision of the Federal Reserve Act of Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682. . Section 10 of said act amended the Currency Act of July 12, 1882, c. 290, § 9, as previously amended by Act March # 1907, c. 2913, § 4, and is incorporated in said section (§ 709). - - - Section 11 of said act amended R. S. § 5172, and is in- corporated in said section (§ 9714). Section 12 of said act provided for the redemption by the Treasury of circulating notes of national banking as- ;ations in lawful money of the United States. It is § 752. - Section 13 of said act required all acts and orders of the Comptroller of the Currency and the Treasurer of the United States authorized by the act to be approved by the Secretary of the Treasury, and gave the Secretary power to make rules and regulations concerning, and exercise such control over, the organization and management of national currency associations as might be necessary to carry out the purposes of the act. Section 14 of said act provided that the provisions of R. S. § 5191 (§ 9746) should not apply to deposits of public moneys by the United States in designated depositaries. It is § 9692. Section 15 of said act prescribed the rate of interest on special and additional deposits in national banks designat- ed as depositaries. It is § 9693. Section 16 of said act appropriated a sum sufficient to carry out the provisions of the preceding sections of the act, out of any money in the Treasury not otherwise ap- propriated, and was merely temporary in its legal effect. Section 17 of said act created a National Monetary Com- Imission. Section 18 of said act prescribed the duties and powers of said Commission. Section 19 of said act made an appropriation for the ex- penses of the Commission. Section 20 of said act provided that the act should ex- pire by limitation on June 30, 1914. Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, extended the limitation fixed by said section 20 for another year. Said section read as follows: “The provisions of the Act of May thirtieth, nineteen hundred and eight, authorizing national currency associations, the issue of additional na- tional-bank circulation, and creating a National Monetary Commission, which expires by limitation under the terms of such Act on the thirtieth day of June, nineteen hundred and fourteen, are hereby extended to June thirtieth, nine- teen hundred and fifteen, and sections fifty-one hundred and fifty-three, fifty-one hundred and seventy-two, fifty- One hundred and ninety-One, and fifty-two hundred and fourteen of the Revised Statutes of the United States, which were amended by the Act of May thirtieth, nineteen hundred and eight, are hereby reenacted to read as such sections read prior to May thirtieth, nineteen hundred and eight, subject to such amendments or modifications as are [Page 1573] prescribed in this Act: Provided, however, That section nine of the Act first referred to in this section is hereby amended so as to change the tax rates fixed in said Act by making the portion applicable thereto read as follows: National banking associations having circulating notes se- cured otherwise than by bonds of the United States, shall pay for the first three months a tax at the rate of three per centum per annum, upon the average amount of such of their notes in circulation as are based upon the de- posit of Such securities, and afterwards an additional tax rate of One-half of one per centum per annum for each Imonth until a tax of six per centum per annum is reach- ed, and thereafter such tax of six per centum per annum upon the average amount of such notes.” Said Act Dec. 23, 1913, c. 6, § 27, was amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, to read as follows: “The provisions of the Act of May thirtieth, nineteen hundred and eight, authorizing national currency associations, the issue of additional national-bank circulation, and creating a National Monetary Commission, which expires by limi- tation under the terms of such Act on the thirtieth day of June, nineteen hundred and fourteen, are hereby extended to June, thirtieth, nineteen hundred and fifteen, and sec- tions fifty-one hundred and fifty-three, fifty-one hundred and seventy-two, fifty-one hundred and ninety-one, and fifty-two hundred and fourteen of the Revised Statutes of the United States, which were amended by the Act of .May thirtieth, nineteen hundred and eight, are hereby re- enacted to read as such sections read prior to May thir- tieth, nineteen hundred and eight, subject to such amend- Iments or modifications as are prescribed in this Act: Pro- Vided, however, That section nine of the Act first referred to in this section is hereby amended so as to change the tax rates fixed in said Act by making the portion applicable thereto read as follows: National banking associations having circulating notes secured otherwise than by bonds of the United States, shall pay for the first three months a tax at the rate of three per centum per annum upon the average amount of such of their notes in circulation as are based upon the deposit of such securities, and after- Wards an additional tax rate of one-half of one per centum per annum for each month until a tax of six per centum per annum is reached, and thereafter such tax of six per centum per annum, upon the average amount of such notes: Provided further, That whenever in his judgment he may deem it desirable, the Secretary of the Treasury shall have power to suspend the limitations imposed by section one and section three of the Act referred to in this section, which prescribe that such additional circula- tion secured otherwise than by bonds of the United States shall be issued only to National banks having circulating notes outstanding secured by the deposit of bonds of the United States to an amount not less than forty per centum of the capital stock of such banks, and to suspend also the conditions and limitations of section five of said Act except that no bank shall be permitted to issue circulating notes in excess of one hundred and twenty-five per centum of its unimpaired capital and surplus. He shall require each bank and currency association to maintain. On deposit in the Treasury of the United States a sum in gold sufficient in his judgment for the redemption of such notes, but in no event less than five per centum. He may permit N'a- tional banks, during the period for which such provisions are suspended, to issue additional circulation under the terms and conditions of the Act referred to as herein amended: Provided further, That the Secretary of the Treasury, in his discretion, is further authorized to ex- tend the benefits of this Act to all qualified State banks and trust companies, which have joined the Federal re- serve system, or which may contract to join within fifteen days after the passage of this Act.” The date last men- tioned having passed without any further extension having been made, said Act May 30, 1908, c. 229, became inopera- tive, and is therefore omitted from this compilation, ex- cept sections 12, 14, and 15, which are $$ 9692, 9693, 9752. Act Aug. 22, 1911, c. 36, § 4, 37 Stat. 30, provided that: “No one receiving a salary or emoluments from the Gov- ernment of the United States, in any Capacity, shall re- ceive any salary or emolument as a member or employé. of said commission from the date of the passage of this Act: Provided, That voluntary assistance, without com- pensation, may be accepted by the commission from pres- ent employés or from others whose assistance may be de- sired by the commission.” Said section is also omitted from this compilation for the reasons stated above. Said Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by said Act Aug. 4, 1914, c. 225, 38 Stat. 682, is also omitted . from this compilation for the reasons stated above. The Federal Reserve Act of Dec. 23, 1913, c. 6 (§§ 9785- 9805), created a new system for the government and regu- lation of all national banks, and such of the State banks and trust companies as, possessing the necessary qualifi- cations, should signify their acceptance of the act. §§ 97.29–9743. [Omitted as obsolete.] These sections, which were Act May 30, 1908, c. 229, §§ 1-8, 13, 17–20, 35 Stat. 546, Act Aug. 22, 1911, c. 36, § 4, 37 Stat. 30, and Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, are omit- ted from this compilation as having expired by limitation. See notes at the beginning of this Chapter. 3 9744 (Tit. 62 NATIONAL BANES Chapter Three–Regulation of the - Banking Business Sec. 9744. Place of business. 97.45. Foreign branches. 9746. “Lawful-money reserve” prescribed. 97.47. Same; what may be counted toward. 9748. Same; determined by deposits. 9749. Additional “reserve cities” of 25,000 inhabitants. 9750. Additional “central reserve cities.” 9751. Redemption of circulation; reserve in treasury for. 9752. Same; notes in lawful money. 9753. Same; clerical force for. - - 9754. Same; disposition of money deposited for and redemp- tion of notes. 9755. Same; of lost or stolen notes. 9756. Same; place for. 9757. Banks to receive notes of other banks. 9758. Rate of interest. 9759. Taking usurious interest. 9760. Dividends. 9761. Limit to liabilities incurred by individual. - 9762. Associations not to loan or purchase own stock. 9763. Loans on farm lands. 9764. Limit on indebtedness. 9765. Restriction on use of notes. 9766. Prohibition on withdrawal of capital. 9767. Enforcing payment of deficiency in capital Stock. 9768. Restriction on use of notes of other banks. 9769. United States notes not to be held as collateral. 9770. Falsely certifying checks; penalty. 9771. Same; punishment. 9772. Embezzlement. 9773. List of shareholders. - 9774. Reports to Comptroller of the Currency. 9775. Same; Verification. 9776. Same ; as to dividends. 9777. Same; penalty for failure to make. - 9778. Same; savings banks and savings and trust companies. 9779. Taxes on notes, deposits and capital Stock. 9780. Half-yearly return of circulation, deposits, and Capital stock. 9781. Same; penalty for failure to make. 9782. Failure to pay duties. 97.83. Refunding excessive duties. 9784. State taxation. § 9744. Place of business—The usual business of each national banking association Shall be trans- acted at an office or banking-house located in the place specified in its organization certificate. (R. S. § 5190.) See § 9662. § 9745. Foreign branches—Any national banking association possessing a capital and Surplus of $1,- 000,000 or more may file application with the Federal Reserve Board for permission to exercise, upon Such conditions and under such regulations as may be pre- scribed by the said board, either or both of the fol- lowing powers: First. To establish branches in foreign Countries or dependencies or insular possessions of the United States for the furtherance of the foreign Commerce Of the United States, and to act if required to do SO as fiscal agents of the United States. Second. To invest an amount not exceeding in the aggregate ten per centum of its paid-in capital stock and Surplus in the stock of One Or more banks or corporations chartered Or in COrporated under the laws of the United States Or of any State thereof, and principally engaged in international or foreign banking, or banking in a dependency or insular pos- Session of the United States either directly or through the agency, ownership, or control of local institu- tions in foreign countries, or in such dependencies or insular possessions. Such application shall specify the name and capi- tal. Of the banking association filing it, the powers applied for, and the place or places where the bank- ing operations proposed are to be carried On. The Federal Reserve Board shall have power to approve or to reject such application in whole or in part if for any reason the granting of such application is deemed inexpedient, and shall also have power from time to time to increase Or decrease the number Of places where such banking operations may be car- Tied On. - Every national banking association operating for- eign branches shall be required to furnish informa- [Page 1574] | tion concerning the condition of such branches to the Comptroller of the Currency upon demand, and every member bank investing in the capital stock of banks Or Corporations described under subpara- graph two of the first paragraph of this Section Shall be required to furnish information concerning the Condition of Such banks or corporations to the Federal Reserve Board upon demand, and the Fed- eral Reserve Board may order special examinations Of the said branches, banks, or corporations at such time Or times as it may deem best. - - Before any national bank shall be permitted to purchase stock in any such corporation the said cor- poration shall enter into an agreement or undertak- ing with the Federal Reserve Board to restrict its Operations or conduct its business in such manner Or under such limitations and restrictions as the Said board may prescribe for the place or places Wherein Such business is to be conducted. If at any time the Federal Reserve Board shall ascertain that the regulations prescribed by it are not being com- plied with, said board is hereby authorized and em- pOWered to institute an investigation of the matter and to . Send for persons and papers, subpoena wit- nesses, and administer oaths in order to satisfy itself aS to the actual nature of the transactions referred to. Should such investigation result in establishing the failure of the corporation in question, or of the national bank or banks which may be stockholders therein, to comply with the regulations laid down by the said Federal Reserve Board, such national banks may be required to dispose of stock holdings in the said corporation upon reasonable notice. Every such national banking association shall con- duct the accounts of each foreign branch independ- ently of the accounts of other foreign branches es- tablished by it and of its home office, and shall at the end of each fiscal period transfer to its general ledger the profit or loss accrued at each branch as a separate item. - Any director or other Officer, agent, or employee of any member bank may, with the approval Of the Federal Reserve Board, be a director or other offi- cer, agent, or employee of any such bank or Corpora- tion above mentioned in the Capital stock of which Such member bank shall have invested as herein- before provided, without being subject to the provi- Sions of section eight of the Act approved October fifteenth, nineteen hundred and fourteen, entitled “An Act to supplement existing laws against unlaw- ful restraints and monopolies, and for other pur- poses.” (Dec. 23, 1913, c. 6, § 25, 38 Stat. 273, amend- ed, Sept. 7, 1916, c. 461, 39 Stat. 755.) - See § 8835h. § 9746. “Lawful-money reserve” prescribed-- Every national banking association in either of the following cities: Albany, Baltimore, Boston, Cincin- nati, Chicago, Cleveland, Detroit, Louisville, Mil- waukee, New Orleans, New York, Philadelphia, Pitts- burgh, Saint Louis, San Francisco, and Washington, Shall at all times have on hand, in lawful money of the United States, an amount equal to at least twenty-five per Centum of the aggregate amount Of its notes in Circulation and its deposits; and every other association shall at all times have On hand, ill lawful money Of the United States, an amount equal to at least fifteen per Centum Of the aggregate amount of its notes in circulation, and of its de- posits. Whenever the lawful money Of any associa- tion in any Of the Cities named Shall be below the almount Of twenty-five per centum Of its circulation and deposits, and whenever the lawful money of any Other association shall be below fifteen per Centuln of its circulation and deposits, such association shall not increase its liabilities by making any new loans or discounts Otherwise than by discounting Or pur- chasing bills of exchange payable at sight, nor make any dividend of its profits until the required pro- portion, between the aggregate amount of its out- Ch. 3) ' & 9751 NATIONAL BANES LPage 1575] standing notes of circulation and deposits and its lawful money of the United States, has been restored. And the Comptroller of the Currency may notify any association, whose lawful-money reserve shall be be- low the amount above required to be kept On hand, to make good such reserve; and if such association shall fail for thirty days thereafter SO to make good its reserve Of lawful money, the Comptroller may, with the concurrence of the Secretary Of the Treas- ury appoint a receiver to wind up the business of the association, as provided in Section fifty-two hundred and thirty-four. (R. S. § 5191.) This section is inapplicable to deposits of public moneys in designated depositaries, by § 9692. And see §§ 9749, 9750, 9801. The Federal Reserve Act of Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, provided that this section and other specified sections of the Revised Statutes, which were amended by the Al- drich-Vreeland Act of May 30, 1908, c. 229, 35 Stat. 546, Were reenacted to read as they were prior to May 30, 1908, Subject to such amendments and modifications as Were prescribed in said Federal Reserve Act. This section not having been expressly amended by said Act May 30, 1908, c. 229, said provisions of said Federal Reserve Act can have no effect other than to have this section as set forth here, subject to any implied amendments or modifications which may be found in the other provisions of said Fed- eral Reserve Act (§§ 9785-9805). § 97.47. Same; what may be counted toward —Three-fifths of the reserve of fifteen per centum required by the preceding section to be kept, may con- sist of balances due to an association, available for the redemption Of its Circulating notes, from associa- tions approved by the Comptroller of the Currency, Organized under the act of June three, eighteen hundred and sixty-four, or under this Title, and do- ing business in the cities of Albany, Baltimore, Bos- ton, Charleston, Chicago, Cincinnati, Cleveland, De- troit, Louisville, Milwaukee, New Orleans, New York, Philadelphia, Pittsburgh, Richmond, Saint Louis, San Francisco, and Washington. Clearing-house certifi- cates, representing specie or lawful money specially deposited for the purpose, Of any clearing-house as- Sociation, shall also be deemed to be lawful money in the possession of any association belonging to such Clearing-house, holding and owning such certificate, within the preceding section. (R. S. § 5192.) § 9748. Same; determined by deposits—That section thirty One of the “the national-bank act” be SO amended that the Several aSSOciations therein pro- vided for shall not hereafter be required to keep on hand any amount of money whatever, by reason of the amount of their respective circulations; but the moneys required by said section to be kept at all times on hand shall be determined by the amount of deposits in all respects, as provided for in the said section. (June 20, 1874, c. 343, § 2, 18 Stat. 123.) So much of this section as provided that the fund de- posited by any national banking association with the Treasurer of the United States for the redemption of its notes should be counted as a part of its lawful reserve was repealed by the Federal Reserve Act of Dec. 23, 1913, C. 6, § 20 ($ 9.802), which also further provided that such fund of five per centum should in no case be counted by any national banking association as a part of its lawful reserve. And See § 9746. § 9749. Additional “reserve cities” of 25,000 inhabitants—Whenever three-fourths in number of the national banks located in any city Of the United States having a population of twenty-five thousand people shall make application to the Comptroller of the Currency, in writing, asking that the name of the City in which such banks are located shall be added to the cities named in sections fifty-one hun- dred and ninety-one and fifty-one hundred and ninety- two of the Revised Statutes, the Comptroller shall have authority to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of its deposits, as provided in sections fifty-one hun- dred and ninety-one and fifty-one hundred and ninety- five of the Revised Statutes. (March 3, 1887, c. 378, § 1, 24 Stat. 559, amended, March 3, 1903, c. 1014, 32 Stat. 1223.) R. S. §§ 5191, 5192, 5195, are $$ 9746, 9747, 9756. § 9750. Additional “central reserve cities”- Whenever three-fourths in number of the national banks located in any city of the United States hav- ing a population of two humdred thousand people shall make application to the Comptroller Of the Cur- rency, in writing, asking that such city may be a central reserve city, like the city of New York, in which one-half of the lawful-money reserve Of the national banks located in other reserve Cities may be deposited, as provided in section fifty-one hundred and ninety-five of the Revised Statutes, the COmp- troller shall have authority, with the approval of the Secretary of the Treasury, to grant Such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money Of the United States, twenty-five per centum of its deposits, as provided in section fifty-one hundred and ninety- one of the Revised Statutes. (March 3, 1887, C. 378, § 2, 24 Stat. 560.) § 9751. Redemption of circulation; reserve ill treasury for—Every association organized, or to be organized, under the provisions of the said act, and of the several acts amendatory thereof, shall at all times keep and have on deposit in the Treasury of the United States, in lawful money of the United States, a sum equal to five per centum of its Circula- | tion, to be held and used for the redemption of Such circulation; which sum shall be counted as a part of its lawful reserve, as provided in Section tWO of this act; and when the circulating notes of any Such associations, assorted or unassorted, shall be pre- sented for redemption, in sums of One thousand dol- lars, or any multiple thereof, to the Treasurer of the United States, the same shall be redeemed in United States notes. All notes so redeemed shall be Charged by the Treasurer of the United States to the respec- tive associations issuing the same, and he shall noti- fy them severally, on the first day of each month, Or oftener, at his discretion, of the amount Of Such re- demptions; and whenever such redemptions for any as- sociation shall amount to the sum of five hundred dol- lars, such association so notified shall forthwith de- posit with the Treasurer of the United States a sum in United States notes equal to the amount of its Cir- culating-notes so redeemed. And all notes of national banks worn, defaced, mutilated, or otherwise unfit for circulation shall, when received by any assistant treas- urer or at any designated depository of the United States, be forwarded to the Treasurer of the United States for redemption as provided herein. And When such redemptions have been so reimbursed, the Cir- culating-notes so redeemed shall be forwarded to the respective associations by which they were issued; but if any of Such notes are worn, mutilated, defaced, Or rendered Otherwise unfit for use, they shall be for- Warded to the Comptroller of the Currency and de- stroyed and replaced as now provided by law: Pro- vided, That each of said associations shall re-imburse to the Treasury the charges for transportation, and the costs for assorting such notes; and the associa- tions hereafter organized shall also Severally re- imburse to the Treasury the Cost of engraving Such plates as shall be ordered by each association respec- tively; and the amount assessed upon each associa- tion shall be in proportion to the circulation redeem- ed, and be charged to the fund on deposit with the Treasurer: And provided further, That so much of Section thirty-two of said national-bank act requir- ing or permitting the redemption of its circulating notes elsewhere than at its OWI) counter, except as provided for in this section, is hereby repealed. (June . 20, 1874, c. 343, § 3, 18 Stat. 123.) In addition to the redemption fund required by this sec- tion, any national banking association having outstanding any of the additional circulating notes authorized to be is- sued by the Aldrich-Vreeland Act of May 30, 1908, c. 229, 35 Stat. 546, was required to keep on deposit in the Treas- ź 9751 (Tit. 62 NATIONAL BANKS I Page 1576] ury an additional sum equal to five per cent. of such ad- ditional circulation, to be treated, held, and used in the same manner as the fund provided for by this section, by said Act May 30, 1908, c. 229, § 6, 35 Stat. 550. So much of this section as provided that the fund deposited by any national banking association with the Treasurer of the TJnited States for the redemption of its notes should be counted as a part of its lawful reserve was repealed by the Federal Reserve Act of Dec. 23, 1913, c. 6, § 20 (§ 9802), which also further provided that such fund of five per centum should in no case be counted by any national banking association as a part of its lawful reserve. Whenever any bank belonging to a national currency association failed to preserve or make good its redemption fund required by this section, and the national currency association failed to make good such fund, the redemption fund belonging to other banks composing the nationial cur- rency association was to be applied to make good such fund, and the securities deposited by such bank were to be sold, and the proceeds of the sale deposited as a redemp- tion fund, by the Aldrich-Vreeland Act of May 30, 1908, c. 229, § 2, 35 Stat. 548. See notes to Chapter Two A of this Title. For Act June 3, 1864, c. 101, § 32, 13 Stat. 109. See $ 9756. And see §§ 9752, 9754. - § 97.52. Sarme; of notes in lawful money—Cir- culating notes of national banking associations, when presented to the Treasury for redemption, as provid- ed in section three of the Act approved June twen- tieth, eighteen hundred and seventy-four, shall be redeemed in lawful money Of the United States. (May 30, 1908, c. 229, § 12, 35 Stat. 552.) - Section 20 of the Aldrich-Vreeland Act provided that the act should expire by limitation on June 30, 1914. Act Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, extended the provisions of said Aldrich-Vreeland Act, authorizing national currency asso- ciations, the issue of additional national-bank circulation, and creating a National Monetary Commission, to June 30, 1915. Said last-mentioned date having passed without any further extension, said Aldrich-Vreeland Act must be con– sidered as having expired by such limitation and as hav- ing become inoperative. There may, however, be a ques- tion as to whether this section, which is of general, ap- plication to national banks, expired by limitation on June 30, 1914, or on June 30, 1915, or even whether it was not intended to be excepted from such limitation altogether and meant to be left in full force and Operation. Accord- ingly this section is included in this compilation as orig- inally enacted. See, also, notes to Chapter Two A of this Title. And see § 9751. § 9753. Same; clerical force for—To carry into effect the provisions of section three of the act entitled “An act fixing the amount of United States notes, providing for a redistribution of the national- bank currency, and for other purposes” approved June twentieth, eighteen hundred and seventy-four, the Secretary of the Treasury is authorized to appoint the following force, to be employed under his direc- tion, namely: In the Office of the Treasurer: * * In the Office of the Comptroller of the Curren- Cy: >{: 2}: w And at the end of each month, the Secretary of the Treasury shall re-imburse the Treasury to the full amount paid out under the provisions Of this sec- tion by transfer of said amount from the deposit Of the national banking-associations with the Treas- ury of the United States; and at the end of each fiscal year he shall transfer from said deposit to the Treasury of the United States such sum as may have been actually expended under his direction for sta- tionery, rent, fuel, light, and Other necessary inci- dental expenses which have been incurred in carry- ing into effect the provisions of the said Section of the above-named act. 18 Stat. 399.) See § 9751. § 97.54. Same; disposition of money deposit- ed for and redemption of Inotes—Upon the passage of this act the balances standing with the Treasurer Of the United States to the respective Credits Of national banks for deposits made to redeem the cir- culating notes of such banks, and all deposits there- ... after received for like purpose, shall be covered into the Treasury as a miscellaneous receipt, and the Treasury of the United States shall redeem from the general cash in the Treasury the circulating notes of said, banks Which may COme into his possession Sub- ject to redemption; and upon the certificate of the (March 3, 1875, c. 130, § 3, Comptroller of the Currency that such notes have been received by him and that they have been destroy- ed and that no new notes will be issued in their place, reimbursement of their amount shall be made to the Treasurer, under such regulations as the Secretary of the Treasury may prescribe from an appropriation hereby, Created, to be known as ‘National bank notes’: Redemption account, but the provisions of this act Shall not apply to the deposits received under sec- tion three of the act of June twentieth, eighteen hundred and seventy-four, requiring every National bank to keep in lawful money with the Treasurer of the United States a sum equal to five per centum of its Circulation, to be held and used for the redemption Of its Circulating notes; and the balance remaining of the deposits so covered shall, at the close of each month, be reported on the monthly public debt state- ment as debt of the United States bearing no inter- est. (July 14, 1890, c. 708, § 6, 26 Stat. 289.) See § 9751. § 97.55. Same; of lost or stolen notes—The pro- Visions of the Revised Statutes of the United States, providing for the redemption of national bank notes, Shall apply to all national bank notes that have been Or may be issued to, or received by, any national bank, notwithstanding such notes may have been lost by Or Stolen from the bank and put in circula- tion without the signature or upon the forged signa- ture of the president or vice-president and cashier. (July 28, 1892, c. 317, 27 Stat. 322.) (R. S. § 5193. Repealed.) This section authorized the Secretary of the Treasury to receive United States notes on deposit, without interest, from any national bank, in sums of not less than ten thousand dollars, and issue certificates therefor, in de- nominations of not less than five thousand dollars, pay- able on demand in United States notes at the place where the deposits were made, and provided that the notes so deposited should not be counted as part of the lawful money reserve of the association, but that the certificates issued might be so counted, and might be accepted in the settlement of clearing-house balances at the places where the deposits therefor were made. It was repealed by the Parity Act of March 14, 1900, c. 41, § 6 (§ 6567). - (R. S. § 5194. Superseded.) This section was as follows: “The power conferred on the Secretary of the Treasury, by the preceding section, Shall not be exercised. So as to Create ally expansion OT contraction of the currency. And United States notes for which certificates are issued under that Section, or other United States notes of like amount, shall be held as Spe- cial deposits in the Treasury, and used only for the re- demption of such certificates.” It was dependent for its operative effect on R. S. § 5193, which was repealed by Act March 14, 1900, c. 41, § 6 (§ 6567), and therefore be- comes inoperative. - - § 9756. Same; place for—Each association Or- ganized in any of the cities named in section fifty- one hundred and ninety-one shall select, Subject to the approval of the Comptroller of the Currency, an association in the city of New York, at which it will redeem its circulating notes at par; and may keep one-half of its lawful-money reserve in Cash deposits in the city of New York. But the foregoing provi- sion shall not apply to associations Organized and located in the city of San Francisco for the purpose Of issuing notes payable in gold. Each association not organized within the cities named, shall select, subject to the approval of the Comptroller, an asso- ciation in either of the cities named, at Whigh it Will redeem its circulating notes at par. The Comp- troller shall give public notice of the names of the asSociations selected, at which redemptions are to be made by the respective associations, and Of any change that may be made of the association at which the notes of any association are redeemed. Whenever any asSociation fails either to make the Selection. Or to redeem its notes as aforesaid, the Comptroller of the Currency may, upon receiving satisfactory evidence thereof, appoint, a receiver, in the manner provided for in section fifty-two hundred and thirty-four, to wind up its affairs. But this section shall not re- lieve any association from its liability to redeem its Ch. 3) 3 9765 TNATIONAL BANKS [Page 1577I circulating notes at its own counter, at par, in law- ful money on demand. (R. S. § 5195.) - So much of this section as required or permitted na- ...tional banks to redeem their notes elsewhere than at their *own counters was repealed by § 9751. § 97.57. Banks to receive notes of other banks —Every national banking association formed Or ex- isting under this Title, shall take and receive at par, for any debt or liability to it, any and all notes or bills issued by any lawfully Organized national bank- ing association. But this provision shall not apply to any association Organized for the purpose Of iS- Suing notes payable in gold. (R. S. § 5196.) § 9758. Rate of interest—Any association may take, receive, reserve, and charge On any loan Or dis- Count made, or upon any note, bill of exchange, or Other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or district where the bank is located, and no more, except that where by the laws of any State a different rate is limited for banks of issue Organized under State laws, the rate So Iimited shall be allowed for associations Or- ganized or existing in any such State under this Title. When no rate is fixed by the laws of the State, or Territory, or district, the bank may take, receive, reserve, Or Charge a rate not exceeding Seven per Centum, and Such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. And the purchase, dis- COUnt, Or Sale of a bona-fide bill of exchange, pay- able at another place than the place of such pur- Chase, discount, or sale, at not more than the Cur- rent rate of exchange for sight-drafts in addition to the interest, shall not be considered as taking or re- ceiving a greater rate of interest. (R. S. § 5197.) § 97.59. Taking usurious interest—The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same; provided Such action is COmmenced Within two years from the time the usurious transaction occurred. That suits, actions, and proceedings against any associa- tion under this title may be had in any circuit, dis- trict, Or territorial Court of the United States held within the district in Which Such asSociation may be established, or in any State, county, or municipal Court in the COunty Or City in which said associa- tion is located having jurisdiction in similar cases. (R. S. § 5198, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) - See §§ 991 (16), 9792. - § 9760. Dividends—The directors of any associa- tion may, semi-annually, declare a dividend of SO much of the net profits of the association as they shall judge expedient; but each association shall, be- fore the declaration of a dividend, carry One-tenth ‘part of its net profits of the preceding half-year to its surplus fund until the same shall amount to twenty per centum of its capital stock. (R. S. § 5199.) § 9761. Lizmit to liabilities incurred by indi- vidual—The total liabilities to any association, Of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a Company Or firm the liabilities Of the several mem- bers thereof, shall at no time exceed one-tenth part of the amount of the capital stock of such associa- tions, actually paid in and unimpaired and one-tenth part of its unimpaired surplus fund: Provided, how- ever, That the total of such liabilities shall in no event exceed thirty per centum of the capital stock of the association. But the discount Of bills of ex- change drawn in good faith against actually exist- º Sale; ing values, and the discount of commercial or busi- neSS paper actually owned by the person negotiating the Same shall not be considered as money borrowed. (R. S. § 5200, amended, June 22, 1906, c. 3516, 34 Stat. 451.) See § 9792. § 9762. Associations not to loan or purchase own stock—No association shall make any loan or discount on the security of the shares of its own Capital stock, nor be the purchaser or holder of any Such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously COntracted in good faith; and stock SO purchased Or aCQuired shall, Within Six months from the time of its purchase, be sold or disposed of at public or private Or, in default thereof, a receiver may be ap- pointed to close up the business of the association, ac- COrding to section fifty-two hundred and thirty-four. (R. S. § 5201.) See § 9792. § 9763. Loan on farm lands—Any national banking association not situated in a Central reserve City may make loans Secured by improved and unen- Cumbered farm land Situated within its Federal re- serve district or within a radius of One hundred miles Of the place in which such bank is located, irrespec- tive of district lines, and may also make loans Se- cured by improved and unencumbered real estate 10- cated within one hundred miles of the place in which such bank is located, irrespective of district lines; but no loan made upon the security of such farm land shall be made for a longer time than five years, and no loan made upon the security of such real estate as distinguished from farm land shall be made for a longer time than one year nor shall the amount of any such loan, whether upon such farm land or upon such real estate, exceed fifty per centum of the actual value of the property offered as security. Any Such bank may make such loans, whether secured by Such farm land or such real estate, in an aggregate Sum equal to twenty-five per centum of its capital and Surplus or to one-third of its time deposits and Such banks may continue hereafter as heretofore to re- ceive time deposits and to pay interest. On the Same. The Federal Reserve Board shall have power from time to time to add to the list of cities in which na- tional banks shall not be permitted to make loans secured upon real estate in the manner described in this section. (Dec. 23, 1913, c. 6, § 24, 38 Stat. 273, amended. Sept. 7, 1916, c. 461, 39 Stat. 754.) º § 9764. Limit on indebtedness—No national banking association shall at any time be indebted, Or in any way liable, to an amount exceeding the almount of its capital stock at such time actually paid in and remaining undiminished by losses or OtherWise, ex- cept on account of demands of the nature following: First. Notes of circulation. Second. Moneys deposited with or collected by the asSociation. - Third. Bills of exchange or drafts drawn against money actually on deposit to the credit of the associa- tion, or due thereto. - - Fourth. Liabilities to the Stockholders Of the aS- sociation or dividends and reserve profits. Fifth. Liabilities incurred under the provisions of the Federal Reserve Act. Sixth. Liabilities incurred under the provisions of the War Finance Corporation Act. (R. S. § 5202, amended, Dec. 23, 1913, c. 6, § 13, 38 Stat. 264, Sept. 7, 1916, c. 461, 39 Stat. 753, and April 5, 1918, c. 45, § 20, 40 Stat.) § 9765. Restriction on use of notes—No asso- ciation shall, either directly or indirectly, pledge or hypothecate any of its notes or circulation, for the purpose of procuring money to be paid in on its capi- tal stock, Or to be used in its banking Operations, Or Otherwise; nor shall any association use its circulat- ing notes, or any part thereof, in any manner or form, to create or increase its capital stock. (R. S. § 5203.) & 9766 (Tit. 62 NATIONAL BANKS [Page 1578] § 9766. Prohibition on withdrawal of capital —No association, or any member thereof, shall, dur- ing the Ulme it shall Continue its banking Operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its Capital. If losses have at any time been sustained by any such association, equal to Or exceeding its undi- vided profits then on hand, no dividend shall be made ; and no dividend shall ever be made by any associa- tion, while it continues its banking Operations, to an amount greater than its net profits then On hand, de- ducting therefrom its losses and bad debts. All debts due to any associations, on which interest is past due and unpaid for a period of six months, unless the same are well secured, and in process of collection, shall be Considered bad debts Within the meaning Of this Section. the reduction Of the Capital Stock Of the association under section fifty-one hundred and forty-three. (R. S. § 5204.) § 97.67. Enforcing payment of deficiency in capital stock—Every association which shall have failed to pay up its capital stock, as required by law, and every association whose capital stock shall have become impaired by losses or otherwise, shall, within three months after receiving notice thereof from the Comptroller of the Currency, pay the deficiency in the capital stock, by assessment upon the shareholders pro rata for the amount Of Capital Stock held by each ; and the Treasurer of the United States shall with- hold the interest upon all bonds held by him in trust for any such association, upon notification from the Comptroller of the Currency, until Otherwise notified by him. If any Such association shall fail to pay up its Capital stock, and shall refuse to go into liquida- tion, as provided by law, for three months after re- ceiving notice from the Comptroller, a receiver may be appointed to close up the business of the associa- tion, according to the provisions of section fifty-two hundred and thirty-four. And provided, That if any Shareholder or shareholders Of Such bank Shall neg- lect or refuse, after three months' notice, to pay the assessment, as provided in this section, it shall be the duty Of the board of directors to Cause a suffi- cient amount Of the Capital Stock Of Such shareholder or shareholders to be sold at public auction (after thirty days' notice shall be given by posting such notice of sale in the office of the bank, and by pub- Iishing such notice in a newspaper of the city or town in which the bank is located, or in a newspaper published nearest thereto,) to make good the deficien- cy, and the balance, if any, shall be returned to such delinquent shareholder or shareholders. (R. S. § 5205, amended, June 30, 1876, c. 156, § 4, 19 Stat. 64.) § 9768. Restriction on use of notes of other banks—NO association shall at any time pay Out on loans or discounts, or in purchasing drafts or bills of exchange, or in payment of deposits, or in any other mode pay or put in circulation, the notes of any bank or banking association which are not, at any such time, receivable, at par, on deposit, and in payment Of debts by the association SO paying Out or circulat- ing such notes; nor shall any association knowingly pay out or put in circulation any notes issued by any bank or banking association which at the time of such paying Out or putting in circulation is not redeeming its Circulating notes in lawful money of the United States. (R. S. § 5206.) § 97.69. United States notes not to be held as collateral-NO association shall hereafter offer Or receive United States notes or national-bank notes as Security or as collateral security for any loan of noney, Or for a consideration agree to withhold the same from use, or offer or receive the custody or promise of custody of such notes as security, or as collateral security, or consideration for any loan of money. Any association offending against the provi- Sions Of this section shall be deemed guilty of a mis- demeanor, and shall be fined not more than one thou- Sand dollars and a further sum equal to One-third of But nothing in this section shall prevent the money so loaned. The officer or officers of any association who shall make any such loan shall be liable for a further sum equal to one-quarter of the money loaned; and any fine or penalty incurred by a Violation of this section shall be recoverable for the º Of the party bringing such suit. (R. S. § 207. ~ § 9770. Falsely certifying checks; penalty— It shall be unlawful for any officer, clerk, or agent of any national banking association to certify any check drawn upon the association unless the person or com- pany drawing the check has on deposit with the asso- Ciation, at the time such check is certified, an amount Of money equal to the amount specified in such check. Any check so certified by duly authorized officers shall be a good and valid obligation against the associa- tion ; but the act of any officer, clerk, or agent of any aSSociation, in violation of this section, shall subject Such bank to the liabilities and proceedings on the part Of the Comptroller as provided for in section fifty-two hundred and thirty-four. (R. S. § 5208.) See § 9792. -- § 9771. Same; punishment—That any officer, Clerk, Or agent of any national-banking association who shall willfully violate the provisions of an act entitled “An act in reference to certifying checks by national banks,” approved March third, eighteen hun- dred and sixty-nine, being section fifty-two hundred and eight of the Revised Statutes of the United States, or who shall resort to any device, or receive any fictitious obligation, direct or collateral, in order to evade the provisions thereof, or who shall certify checks before the amount thereof shall have been reg- ularly entered to the credit of the dealer upon the books of the banking association, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof in any circuit or district court of the Tºnited States, be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, in the discretion of the court. (July 12, 1882, c. 290, § 13, 22 Stat. 166.) § 9772. Embezzlement—Every president, direc- tor, cashier, teller, clerk, or agent of any associa- tion, who embezzles, abstracts, or willfully misapplies any of the moneys, funds, or credits of the associa- tion ; or who, without authority from the directors, issues or puts in circulation any of the notes of the association ; or who, without such authority, issues or puts forth any certificate of deposit, draws any Order or bill of exchange, makes any acceptance, a S- signs any note, bond, draft, bill of exchange, mort- gage, judgment, or decree ; or who makes any false entry in any book, report, or 'statement of the asso- Ciation, with intent, in either case, to injure or de- fraud the association or any other Company body politic or corporate, or any individual person, or to deceive any officer of the association, or any agent appointed to examine the affairs of any such asso- ciation ; and every person who with like intent aids or abets any Officer, clerk, or agent in any violation Of this section, shall be deemed guilty of a misdemean- or, and shall be imprisoned not less than five years nor more than ten. (R. S. § 5209.) See § 9792. . . § 9773. List of shareholders—The President and cashier of every national banking association shall cause to be kept at all times a full and cor- rect list of the names and residences Of all the share- holders in the association, and the number of shares held by each, in the Office where its business is trans- acted. Such list shall be subject to the inspection Of all the shareholders and creditors of the associa- tion, and the Officers authorized to assess taxes un- der State authority, during business-hours of each day in which business may be legally transacted. A copy of such list, on the first Monday of July of each year, Verified by the oath of such president or cashier, shall be transmitted to the Comptroller of the Currency. (R. S. § 5210.) Ch. 3) 3 9779 NATIONAL BANKS [Page 1579] § 9774. Reports to Comptroller of the Curren- cy—Every association shall make to the Comptroller of the Currency not less than five reports during each year, according to the form which may be pre- scribed by him, verified by the oath or affirmation of the president or cashier of such association, and attested by the signature of at least three of the directors. Each such report shall exhibit, in detail and under appropriate heads, the resources and lia- bilities of the association at the close of busineSS On any past day by him specified; and shall be transmit- ted to the Comptroller within five days after the receipt of a request or requisition therefor from him, and in the same form in which it is made to the Comptroller shall be published in a newspaper published in the place where such association is es- tablished, or if there is no newspaper in the place, then in the one published nearest thereto in the same COunty, at the expense of the association; and Such proof of publication shall be furnished as may be required by the Comptroller. The Comptroller shall also have power to Call for Special reports from any particular association. Whenever in his judg- ment the same are necessary in order to a full and Complete knowledge of its condition. (R. S. § 5211, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) See §§ 9778, 9792. - ~ $ 9775. -- Same; firmation required by section fifty-two hundred and eleven of the Revised Statutes, verifying the returns made by national banks to the Comptroller of the Currency, when taken before a notary public prop- erly authorized and commissioned by the State in Which such notary resides and the bank is located, Or any other Officer having an official seal, author- ized in Such State to administer Oaths, shall be a sufficient verification as contemplated by said Sec- tion fifty-two hundred and eleven: Provided, That the Officer administering the Oath is not an Officer of the bank. (Feb. 26, 1881, c. 82, 21 Stat. 352.) § 9776. Same; as to dividends—In addition to the reports required by the preceding Section, each association shall report to the Comptroller Of the Currency, within ten days after declaring any divi- dend, the amount of such dividend, and the amount of net earnings in excess of such dividend. Such reports shall be attested by the Oath of the president or cashier of the association. (R. S. § 52.12.) See § 9792. - § 97.77. Same; penalty for failure to make— Every association which fails to make and transmit any report required under either of the two preced- ing sections shall be subject to a penalty Of One hun- dred dollars for each day after the periods, respec- tively, therein mentioned, that it delays to make and transmit its report. Whenever any association de- lays or refuses to pay the penalty herein imposed, after it has been assessed by the Comptroller of the Currency, the amount thereof may be retained by the Treasurer of the United States, upon the Order of the Comptroller of the Currency, out of the interest, as it may become, due to the association, On the bonds deposited with him to secure circulation. All sums of money collected for penalties under this section shall be paid into the Treasury of the United States. (R. S. § 52.13.) See § 9792. § 9778. Same; savings banks and savings and trust companies—All savings-banks or savings and trust Companies Organized under authority of any act of Congress shall be, and are hereby, required to make, to the Comptroller Of the Currency, and pub- lish, all the reports which national banking-associ- ations are required to make and publish under the provisions of sections fifty two hundred and eleven, fifty-two hundred and twelve and fifty two hundred and thirteen, Of the Revised Statutes, and shall be Subject to the same penalties for failure to make Or publish Such reports as are therein provided ; Which verification—The oath or af- penalty may be collected by suit before any Court of the United States in the district in which Said savings banks or savings and trust companies may be located and all savings or other banks Inow Organ- ized, or which shall hereafter be organized, in the District of Columbia, under any act of Congress, which shall have capital stock paid up in Whole Or in part, shall be subject to all the provisions of the Revised Statutes, and of all acts of Congress applica- ble to national banking associations, So far as the same may be applicable to such savings or Other banks: Provided, That such savings banks now eS- tablished shall not be required to have a paid-in Cap- ital exceeding one hundred thousand dollars. (June 30, 1876, c. 156, § 6, 19 Stat. 64.) § 97.79. Taxes on notes, deposits and capital stock—In lieu of all existing taxes, every association shall pay to the Treasurer of the United States, in the months of January and July, a duty of one-half of one per centum each half-year upon the average amount of its notes in circulation, and a duty Of One-quarter of one per centum each half-year upon the average amount of its deposits, and a duty of one-quarter of one per centum each half-year on the average amount of its capital Stock, beyond the amount invested in United States bonds. National banking associations having circulating notes secured otherwise than by bonds of the United States, shall pay for the first three months a tax at the rate of three per centum per annum upon the aVerage amount Of Such Of their notes in Circulation as are based upon the deposit of such securities, and afterwards an additional tax rate of one-half of one per centum per annum for each month until a tax Of six per centum per annum is reached, and there- after such tax of six per centum per annum upon the average amount of such notes. (R. S. § 5214, amended, May 30, 1908, c. 229, § 9, 35 Stat. 550, Dec. 23, 1913, C. 6, § 27, 38 Stat. 274, and Aug. 4, 1914, c. 225, 38 Stat. 682.) This section, as enacted in the Revised Statutes, read as set forth here. It was amended by the Aldrich-Vreeland Act of May 30, 1908, c. 229, § 9, to read as follows: “National banking associations having on deposit bonds of the United States, bearing interest at the rate of two per centum per annum, including the bonds issued for the construction of the Panama Canal, under the provisions of Section eight of “An Act to provide for the construction of a Canal connecting the waters of the Atlantic and Pacific Oceans,’ approved June twenty-eighth, nineteen hundred and two, to secure its circulating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per centum each half year upon the average amount of such of its notes in cir- culation as are based upon the deposit of such bonds; and such associations having on deposit bonds of the United States bearing interest at a rate higher than two per cen- tum per annum shall pay a tax of one-half of one per cen- tum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of such bonds. National banking associations having circu- lating notes Secured otherwise than by bonds of the Unit- ed States shall pay for the first month a tax at the rate of five per centum per annum, upon the average amount of such of their notes in circulation as are based upon the deposit of such securities, and afterwards an additional tax of one per centum per annum for each month until a tax of ten per centum per annum is reached, and thereaft- er such tax of ten per centum per annum, upon the aver- age amount of such notes. Every national banking asso- ciation having outstanding circulating notes secured by a deposit of other securities than United States bonds shall make monthly returns, under oath of its president or cash- ier, to the Treasurer of the United States, in such form as the Treasurer may prescribe, of the average monthly amount of its notes so secured in circulation; and it shall be the duty of the Comptroller of the Currency to cause such reports of notes in circulation to be verified by ex- armination of the banks’ records. The taxes received on circulating notes secured otherwise than by bonds of the United States shall be paid into the Division of Redemp- tion of the Treasury and credited and added to the reserve fund held for the redemption of United States and other notes.” As so amended, it superseded the Parity Act of March 14, 1900, c. 41, § 13, which was as follows: “That every national banking association having on de- posit, as provided by law, bonds of the United States bear- ing interest at the rate of two per centum per annum, is- % {9779 (Tit. 62 NATIONAL BANKS {}^age 1580] sued under the provisions of this Act, to secure its circu- lating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one- fourth of one per centum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of said two per centum bonds; and Such taxes shall be in lieu of existing taxes on its notes in Cir- culation imposed by section fifty-two hundred and fourteen Of the Revised Statutes.'” - This section, and R. S. §§ 5153, 5172, 5191, amended by said Aldrich-Vreeland Act of May 30, 1908, c. 229, were re- enacted, to read as such, sections read prior to May 30, 1908, by a provision of the Federal Reserve Act of Dec. 23, 1913, c. 6, § 27, 38 Stat. 274, as amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, subject to such amendments or modifications as were prescribed in that act. - A proviso annexed to said re-enacting provision of Sec- tion 27 of the Federal Reserve Act was as follows: “Provided, however, That section nine of the act first referred to in this section’’ (being section 9 of said Al- drich-Vreeland Act of May 30, 1908, c. 229, § 9, 35 Stat. 550) “is hereby amended so as to change the tax rates fixed in Said Act by making the portion applicable thereto read as follows: National banking associations having circulating notes Secured otherwise than by bonds of the United States, shall pay for the first three months a tax at the rate of three per centum per annum upon the average amount Of Such Of their notes in circulation as are based upon the deposit of such securities, and afterwards an ad- ditional tax rate of one-half of one per centum per an- num for each month until a tax of six par centum per an- num is reached, and thereafter such tax of six per centum per annum upon the average amount of such notes.” Said Act Dec. 23, 1913, c. 6, § 27, mentioned above, was amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682. The change made by said amendment consisted in adding to the proviso above quoted the following: “Provided further, That whenever in his judgment he may deem it desirable, the Secretary of the Treasury shall have power to Suspend the limitations imposed by section One and Section three of the Act referred to in this sec- tion, which prescribe that such additional circulation se- Cured otherwise than by bonds of the United States shall be issued only to National banks having circulating notes outstanding secured by the deposit of bonds of the United States to an amount not less than forty per centum of the Capital Stock of such banks, and to suspend also the con- ditions and limitations of section five of said Act except that no bank Shall be permitted to issue circulating notes in excess of one hundred and twenty-five per centum of its unimpaired capital and surplus. He shall require each bank and currency association to maintain on deposit in the Treasury of the United States a sum in gold sufficient in his judgment for the redemption of such notes, but in Ino event less than five per centum. He may permit Na- tional banks, during the period for which such provisions are Suspended, to issue additional circulation under the terms and conditions of the Act referred to as herein amended: Provided further, That the Secretary of the Treasury, in his discretion, is further authorized to extend the benefits of this Act to all qualified State banks and trust companies, Which have joined the Federal reserve system, or Which may contract to join within fifteen days after the passage of this Act.” This last amendment, quoted above, became inoperative, by reason of the expiration by limitation on June 30, 1915, of said Act. May 30, 1908, c. 229 (see notes to Chapter Two A of this title), so that said amendment made hy said Act Dec. 23, 1913, c. 6, § 27, also quoted above, is the only part of said above-quoted amendments which is still in effect. Said amendment is therefore incorporated into this sec- tion, so as to make the section read as set forth here. Act Dec. 21, 1905, c. 3, § 1 (§ 6827), provided that every national banking association having on deposit, as provid- ed by law, Panama Canal bonds, issued under Act June 28, 1902, c. 1302, § 8 (§ 6826), to secure its circulating notes, should pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per cent. each half year upon the average amount of such of its notes in circulation as were based upon the deposit of such bonds, such tax to be in lieu of existing taxes on its notes in circulation imposed by R. S. § 5214. This provision was superseded by the amendment of this section by said Aldrich-Vreeland Act of May 30, 1908, c. 229, § 9. Every national banking association was required to pay a tax of ten per centum on the amount of notes of any person, firm, association other than a national banking as- sociation, or of any corporation, State bank, or State banking association, or of any town, city, or municipal corporation, used for circulation and paid out by them, by Act Feb. 8, 1875, c. 36, § 20 ($ 6290). . United States. erty is taxed. Provisions relating to the taxation of banks other than national banks are contained in Rev. St. §§ 3407-3417, and subsequent provisions (§§ 6288–6299). § 9780. Half-yearly return of circulation, de- posits, and capital stock—In order to enable the Treasurer to assess the duties imposed by the pre- ceding section, each association shall, within ten days from the first days of January and July of each year, make a return, under the Oath of its president. or cashier, to the Treasurer of the United States, in such form as the Treasurer may prescribe, of the average amount of its notes in circulation, and of the average amount Of its deposits, and Of the average amount of its capital stock, beyond the amount ill- Vested in United States bonds, for the six months next preceding the most recent first day of January Or July. Every association which fails So to make such return shall be liable to a penalty of two hun- dred dollars, to be collected either out of the inter- est as it may become due such association on the bonds deposited with the Treasurer, or, at his op- tion, in the manner in which penalties are to be col- lected of other corporations under the laws of the (R. S. § 52.15.) - • § 9781. Same; penalty for failure to make— Whenever any association fails to make the half- yearly return required by the preceding section, the duties to be paid by such association shall be assess- ed upon the almount Of notes delivered to Such as- sociation, by the Comptroller of the Currency, and upon the highest amount Of its deposits and Capital stock, to be ascertained in such manner as the Treas- urer may deem best. (R. S. § 5216.) § 9782. Faiiure to pay duties—Whenever an as- SOCiation fails to pay the duties imposed by the three preceding sections, the sums due may be collected in the manner provided for the Collection of United States taxes from Other Corporations; Or the Treasurer may reserve the amount Out Of the interest, as it may be- come due, On the bonds deposited with him by Such defaulting association. (R. S. § 5217.) § 97.83. Refunding excessive duties—In all cas- es where an aSSOCiation has paid Or may pay in ex- cess of what may be or has been found due from it, On account Of the duty required to be paid to the Treasurer of the United States, the association may State an account therefor, which, On being Certified by the Treasurer of the United States, and found cor- rect by the First Comptroller of the Treasury, shall be refunded in the Ordinary manner by Warrant On the Treasury. (R. S. § 5218.) . § 9784. State taxation—Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located; but the legislature Of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the State, Subject Only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State shall be taxed in the city or town where the bank is locat- ed, and not elsewhere. Nothing herein shall be con- strued to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real prop- (R. S. § 5219.) - Ch. 3A) NATIONAL BANKS [Page 1581]. ** Chapter Three A–Federal Reserve Sec. Banks 9785. Short title of act; definitions. FEDERAL RESERVE DISTRICTS - 9786. (1) Federal reserve cities and districts; designation; re- adjustment. - - (2) Powers of Organization Committee; Federal reserve banks; Supervision of organization; titles of banks. (3) Acceptance of act; subscriptions to capital stock reserve banks; when and how payable. (4) Liability of shareholders of reserve banks. (5) Banks failing to accept act to cease acting as re- Serve, agents. - - (6) Forfeiture for failing to become member banks or to comply with act; liability of directors. (7) Effect of dissolution of banks. - (8) Public subscriptions to capital stock reserve banks. (9) Same; limitation on amount; designation and trans- fer of stock. (10) Allotment to United States of stock in reserve banks. (11) Nonvoting stock. (12) Rules and regulations as to transfers of stock of ' reServe banks. (13) Required capital; effect of act on present reserve Cities and central reserve cities; powers and ex- penses of Organization committee; appropriation. BRANCH OFFICES 9787. Establishment; directors of branch banks. FEDERAL RESERVE BANKS 9788. (1) Certificate of establishment of districts; application blanks for subscriptions to stock. -- -- - - - (2) Certificate of organization of bank. (3) Same; acknowledgment and transmission to Comp- troller; filing. (4) Corporate capacity and powers. - .. (5) Board of directors; chairman and “Federal reserve agent”; deputies; assistant agents. STOCK ISSUES; INCREASE AND DECREASE OF CAPITAL 9789. Capital stock; value of shares; increase or decrease; transfer or hypothecation of shares owned by member banks; Subscriptions to stock of reserve bank of in- Crease of Capital by member bank; amount of Sub- Scription to Stock of reserve bank required of member banks after organization of reserve bank; surrender of shares of stock in reserve bank by member bank on decrease of capital or liquidation. - 9790. Cancellation of stock held by member bank on insolven- - cy; certificate of reduction of capital of reserve bank. DIVISION OF EARNINGS 9791. (1) Dividends on stock of reserve banks; franchise tax on net earnings ; surplus fund. (2) Disposition of net earnings paid as franchise tax; disposition of surplus fund on dissolution or in- solvency of reserve bank. - (3) Exemption from taxation. STATE BANKS AS MEMBERS 9792. (1) Applications for membership. (2) Determination on application. (3) Stock in Federal reserve banks; how paid for. (4) Laws applicable on becoming members. (5) Examinations. - (6) Acceptance of examinations and reports by State au- thorities; Special examinations. (7) Surrender of stock and cancellation of memberships. (8) Withdrawals from membership. (9) Capital stock required as condition precedent to membership. (10) Laws applicable on becoming members; discounts for state banks. (11) Certifying checks on state banks admitted as mem- berS. t; FEDERAL RESERVE (30ARD 97.93. (1) Number of members; appointment; ex officio mem. bers; salaries. - (2) Ineligibility to hold office in member banks; quali- - fications and terms of Office of members; governor and vice governor; office for board ; Oath of Office. (3) ASSessments to pay expenses. (4) First meeting; members not to hold stock; vacan- CléS. (5) Filling vacancies. (6) Powers of Secretary of the Treasury. (7) Reports to Congress. 97.94. Enumerated powers. (a) Examination of accounts of banks; publication of Weekly statements. - º (b) Permitting rediscounting of discounted paper. (c) Suspending reserve requirements; establishing graduated tax on deficiency in gold reserve. (d) Sºising and regulating issue and retirement of IłO'LeS. - - (e) Adding to or reclassifying reserve and central re- Serve Cities. Sec. 97.95. 9796. 97.97. 9798. 9799. 9799a. 9799b. 9799c. 9799d. 9800. (f) Suspending or removing officers or directors of re- serve banks. (8) Requiring writing off of doubtful or Worthless as- SetS of banks. - - (h) Suspending operations or liquidating or reorganiz- ing banks. - (i) Requiring bonds of agents; making regulations for safeguarding collateral, bonds, and notes. (j) Exercising supervision over reserve banks. (k) Permitting national banks to act as trustees. (l) Employing attorneys, experts, assistants and clerks; salaries and fees; civil service rules not ap- plicable. - (m) Permitting member banks to Carry reserve in re- serve bank. FEDERAL ADVISORY COUNCIL (1) Number of members ; Selection; compensation and al- lowances; meetings; officers; mode of procedure; Quorum; Vacancies. (2) Powers. POWERS OF FEDERAL RESERVE BANKS (1) Deposits with Federal reserve banks. (2) Discounts of notes, drafts, Gr bills of exchange. (3) Aggregate of rediscounted notes and bills. (4) Discount of acceptances. (5) Acceptance of drafts or bills of exchange on import- ed or exported goods. (6) Advances to member banks on their notes. OPEN MARKET OPERATIONS (1) Purchase or sale in open market by reserve banks ... of bills of exchange. (2) Powers of reserve banks. - GOVERNMENT DEPOSITS (1) Deposits in reserve banks and fiscal agencies thereof for United States. - (2) Deposits in banks not belonging to system estab- lished by Act prohibited; member banks as depos- itaries. NOTE: ISSUES (1) Federal reserve notes; issue; by whom and for what dues receivable; redemption. (2) Same; application for; collateral. (3) Reserves against deposits and notes; return for credit or redemption of notes to bank of issue; ten per cent penalty on issue by bank other than that of issue; redemption of notes at Treasury; ex- change for gold of notes received at Treasury oth- erwise than for redemption; cancellation and de- struction of notes unfit for circulation. (4) Deposits in Treasury for redemption of notes; grant or rejection of application for notes; manner of supplying; interest; lien of notes On a SSets. (5) Reduction of liability for outstanding notes by de- posit of notes and money with reserve agent; dis- position of gold so deposited. (6) Withdrawal of collateral deposited to protect notes; substitution of other collateral or retirement of ..notes. - (7) Custody and safe-keeping of notes. (8) Place of deposit of notes prior to delivery to banks. (9) Control and direction of plates and dies by Comp- troller; expense of issue and retirement of notes paid by banks. (10) Examination of plates and dies. (11) Appropriations and paper for printing notes; reim- bursement of United States for printing notes. (12) Deposit of checks and drafts for collection; charges; clearance of checks. - (13) Rules and regulations for transfer of funds and charges therefor among banks ; clearing houses. (14) Deposits of gold coin or gold certificates With Treas- Ulrer. Same; issue to prevent contraction of currency; de- posits as security; extension of time of payment of certificates of indebtedness deposited. Same; issue to prevent contraction of currency; re- tirement; cancellation of certificates of indebtedness deposited as collateral. Same; issue to prevent contraction of currency; ad- justment of tax on notes so issued. Same ; issue to prevent contraction of currency; ex- isting law applicable to. REFUNDING BONDS (1) Retirement of notes; application for sale of bonds deposited to secure notes. (2) Same; list of applications; purchase of bonds by reserve banks; allotment of bonds to banks. (3) Transfer of bonds to reserve banks; deposit and payment of purchase price. (4) Issue of notes to reserve banks purchasing bonds. (5) Same; amount; form. - e (6) Exchange of two per cent gold bonds with circula- tion privileges for one year gold notes without cir- lation privileges. - (7) Issue of one year gold notes and three per cent goid bonds. 3 9785 s - NATIONAL BANKS (Tit. 62 [Page 1582] Sec. (8) Exchange of one year gold notes for three per cent gold bonds. EANK RESERVES 9801. (1) Demand deposits defined. - (2) Reserves of subscribing member banks. 9802. Repeal of law making funds deposited for redemption of national bank notes part of reserve fund. ' 9803. Repeal; borrowing gold on security of United States bonds or one year gold notes; sale of such bonds or notes. - 9804. Effect of partial invalidity of act. - 9805. Reservation of power to amend, alter, or repeal act. § 9785. Short title of act; definitions—The Short title of this Act shall be the “Federal Reserve Act.” Wherever the word “bank” is used in this Act, the Word shall be held to include State bank, banking as- SOCiation, and trust Company, except where national banks Or Federal reserve banks are specifically re- ferred to. - The terms “national bank” and “national banking aSSOciation” used in this Act shall be held to be Synonymous and interchangeable. The term “mem- ber bank” shall be held to mean any national bank, State bank, Or bank Or trust company which has be- come a member of one of the reserve banks created by this Act. The term “board” shall be held to mean Federal Reserve Board ; the term “district” shall be held to mean Federal reserve district; the term “re- serve bank” shall be held to mean Federal reserve bank. (Dec. 23, 1913, c. 6, § 1, 38 Stat. 251.) Section 27 of the Federal Reserve Act extended the pro- visions of the Aldrich-Vreeland Act of May 30, 1908, c. 229, 35 Stat. 546, to June 30, 1915, and re-enacted R. S. §§ 5153, 5172, 5191, 52.14 (§§ 9691, 9714, 9746, 9779), to read as they read prior to their amendment by the Aldrich-Vreeland Act, subject to such amendments or modifications as were prescribed by the Federal Reserve Act. Said section was amended by Act Aug. 4, 1914, c. 225, 38 Stat. 682, A pro- Viso annexed to the section, amending a part of the Al- drich-Vreeland Act (§ 9), which section amended R. S. § 5214, is § 97.79. And see notes to chapter Two A of this Title. - - - FEDERAL RESERVE DISTRICTS § 9786. (1) Federal reserve cities and dis- tricts; designation; readjustment—AS SOOn as practicable, the Secretary of the Treasury, the Sec- retary of Agriculture and the Comptroller of the Currency, acting as “The Reserve Bank Organization Committee,” shall designate not less than eight nor more than twelve cities to be known as Federal re- serve cities, and shall divide the continental United States, excluding Alaska, into districts, each dis-, trict to Contain. Only One Of Such Federal reserve cities. The determination of said organization com- mittee shall not be subject to review except by the Federal Reserve Board when organized: Provided, That the districts shall be apportioned with due re- gard to the convenience and customary course of busi- ness and Shall not necessarily be COterminous with any State or States. The districts thus created may be readjusted and new districts may from time to time be created by the Federal Reserve Board, not to exceed twelve in all. Such districts shall be known as Federal reserve districts and may be designated by number. A majority of the organization commit- tee shall constitute a quorum with authority to act. (2) Powers of Organization Committee; Fed- eral reserve banks; supervision of organization; titles of banks-Said Organization committee shall be authorized to employ counsel and expert aid, to take testimony, to Send for persons and papers, to administer Oaths, and to make such investigation as may be deemed necessary by the said committee in determining the reserve districts and in designating the cities Within Such districts where such Federal reserve banks shall be severally located. The said committee shall Supervise the organization in each of the cities designated of a Federal reserve bank. which shall include in its title the name of the city \ in Which it is situated, as “Federal Reserve Bank of Chicago.” - (3) Acceptance of act; subscriptions to capi- tal stock reserve banks; when and how payable— Under regulations to be prescribed by the organization Committee, every national banking association in the United States is hereby required, and every eligible bank in the United States and every trust company Within the District of Columbia, is hereby authorized to Signify in Writing, within sixty days after the pas- Sage of this Act, its acceptance of the terms and pro- Visions hereof. When the organization committee shall have designated the cities in which Federal reserve banks are to be organized, and fixed the geographical limits of the Federal reserve districts, every national banking association within that district shall be requir- ed Within thirty days after notice from the Organiza- tion committee, to subscribe to the capital stock of such Federal reserve bank in a sum equal to six per cen- tum of the paid-up capital stock and surplus of such bank, one-sixth of the subscription to be payable on Call Of the Organization Committee or Of the Feder- al Reserve Board, One-Sixth within three months and One-sixth within six months thereafter, and the re- mainder Of the subscription, Or any part thereof, shall be subject to Call When deemed necessary by the Fed- eral Reserve Board, said payments to be in gold Or gold Certificates. . (4) Liability of shareholders of reserve banks— - The shareholders of every Federal reserve bank shall be held individually responsible, equally and ratably, and not One for another, for all contracts, debts, and engagements Of Such bank to the extent Of the amount of their subscriptions to such stock at the par value thereof in addition to the amount SubSCribed, wheth- er Such subscriptions have been paid up in whole Or in part, under the provisions of this Act. - See § 9689. . (5) Banks failing to accept act to cease acting as reserve agents—Any national bank failing to sig- nify its acceptance of the terms of this Act within the sixty days aforesaid, shall cease to act as a re- serve agent, upon thirty days' notice, to be given with- in the discretion of the said organization Committee Or Of the Federal Reserve BOard. - (6) Forfeiture for failing to become member banks or to comply with act; liability of direc- tors—Should any national banking association in the United States now organized fail. Within one year after the passage of this Act to become a mem- ber bank or fail to comply with any of the provisions of this Act applicable thereto, all of the rights, priv- ileges, and franchises of such association granted to it under the national-bank Act, or under the pro- visions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any Court Of the United States of Competent jurisdiction in a Suit brought for that purpose in the district or terri- tory in which such bank is located, under direction of the Federal Reserve Board, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases Of such, noncom- pliance or Violation, Other than the failure to become a member bank under the provisions of this Act, ev- ery director who participated in or assented to the Same shall be held liable in his perSOnal Or individual capacity for all damages which said bank, its share- holders, Or any other person shall have sustained in Consequence of such violation. (7) Effect of dissolution of banks—Such disso- lution shall not take away or impair any remedy against such corporation, its stockholders or officers, for any liability Or penalty which shall have been previously incurred. - (8) Public subscriptions to capital stock re- serve banks--Should the Subscriptions by banks to the stock of Said Federal reserve banks or any One Or more of them be, in the judgment of the organiza- Ch. 3A) 3 9788 (4) NATIONAL BANKS tion committee, insufficient to provide the amount of capital required therefor, then and in that event the said organization Committee may, under Conditions and regulations to be prescribed by it, offer to public Subscription at par such an amount of Stock in Said Federal reserve banks, or any one or more of them, as Said Committee shall determine, Subject to the same Conditions as to payment and stock liability as provided for member banks. - - (9) Same; limitation on armount; designation and transfer of stock—NO individual, COpartner- ship, or corporation other than a member bank of its district shall be permitted to subscribe for or to hold at any time more than $25,000 par Value of stock in any Federal reserve bank. Such stock shall be known as public stock and may be transferred on the books Of the Federal reserve bank by the chair- Iman Of the board of directors of such bank. - (10) Allotment to United States of stock in reserye banks—Should the total subscriptions by banks and the public to the Stock of said Federal re- Serve banks, Or any One or more Of them, be, in the judgment of the organization committee, insufficient to provide the amount of capital required therefor, then and in that event the said Organization Com- mittee shall allot to the United States such an amount of said stock as said committee shall determine. Said United States stock shall be paid for at par out of any money in the Treasury not otherwise ap- propriated, and shall be held by the Secretary Of the Treasury and disposed of for the benefit of the United States in such manner, at such times, and at Such price, not less than par, as the Secretary of the Treas- ury shall determine. (11) Nonvoting stock—Stock not held by member banks shall not be entitled to voting power. (12) Rules and regulations as to transfers of stock of reserve banks—The Federal Reserve Board is hereby empowered to adopt and promulgate rules and regulations governing the transfers of said stock. (13) Required capital; effect of act on pres- ent reserve cities and central reserve cities; pow- ers and expenses of organization committee; ap- propriation—NO Federal reserve bank shall Com- mence business with a subscribed Capital less than $4,000,000. The Organization of reserve districts and Federal reserve cities shall not be construed as Changing the present status of reserve cities and Cen- tral reserve cities, except in so far as this Act chang- es the amount of reserves that may be carried with approved reserve agents located therein. The organ- ization Committee shall have power to appoint such assistants and incur such expenses in carrying out the provisions Of this Act as it shall deem necessary, and such expenses shall be payable by the Treasurer of the United States upon voucher approved by the Secretary of the Treasury, and the sum of $100,000, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for the payment of such ex- penses. (Dec. 23, 1913, C. 6, § 2, 38 Stat. 251.) See §§ 9746–9750. - BRANCH OFFICES § 9787. Establishment; directors of branch banks—The Federal Reserve Board may permit Or require any Federal reserve bank to establish branch banks within the Federal reserve district in which it is located or within the district of any Federal re- Serve bank which may have been Suspended. Such branches, subject to such rules and regulations as the Federal Reserve Board may prescribe, Shall be operated under the supervision of a board of directors to consist Of not more than seven nor less than three directors, of whom a majority of one shall be appoint- ed by the Federal reserve bank of the district, and the remaining directors by the Federal Reserve Board. Directors of branch banks shall hold Office [Page 15S3] | during the pleasure of the Federal Reserve Board. (Dec. 23, 1913, c. 6, § 3, 38 Stat. 253, amended, June 21, 1917, c. 32, § 1, 40 Stat. 232.) FEDERAL RESERVE BANKS § 9788. (1) Certificate of establishment of districts; application blanks for subscriptions to stock—When the organization committee shall have established Federal reserve districts as provid- ed in section two of this Act, a Certificate Shall be filed with the Comptroller of the Currency showing the geographical limits of such districts and the Fed- eral reserve city designated in each of such districts. The Comptroller of the Currency shall thereupon Cause to be forwarded to each national bank located in each district, and to such other banks declared to be eligible by the organization committee which may apply therefor, an application blank in form to be approved by the Organization Committee, which blank shall contain a resolution to be adopted by the board of directors of each bank executing Such application, authorizing a subscription to the capital stock of the Federal reserve bank. Organizing in that district in aCCOrdance with the provisions of this Act. (2) Certificate of organization of bank--When the minimum amount Of Capital Stock prescribed by this Act for the Organization of any Federal reserve bank shall have been subscribed and allotted, the Or- ganization Committee shall designate any five banks of those whose applications have been received, to execute a certificate of Organization, and thereupon the banks so designated shall, under their seals, make an Organization certificate which shall specific- ally State the name Of Such Federal reserve bank, the territorial extent Of the district Over which the operations of such Federal reserve bank are to be Carried On, the city and State in which said bank is to be located, the amount Of Capital stock and the number of shares into which the same is divided, the name and place Of doing business of each bank executing such certificate, and of all banks which have subscribed to the capital stock of such Federal reserve bank and the number of shares subscribed by each, and the fact that the certificate is made to enable those banks executing same, and all banks which have Subscribed or may thereafter Subscribe to the capital stock of such Federal reserve bank, to avail themselves of the advantages of this Act. (3) Same; acknowledgment and transmission to Comptroller; filing—The said Organization cer- tificate shall be acknowledged before a judge of Some court of record or notary public ; and shall be, togeth- er with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to . the Comptroller of the Currency, who shall file, record and Carefully preserve the same in his office. (4) Corporate capacity and powers—Upon the filing of such certificate with the Comptroller of the Currency as aforesaid, the said Federal reserve bank Shall become a body COrpOrate and as Such, and in the name designated in such organization certificate, shall have power— - - First. To adopt and use a Corporate seal. Second. To have succession for a period of twenty years from its organization unless it is sooner dis- solved by an Act of Congress, or unless its franchise becomes forfeited by SOme ViOlation Of law. Third. To make COntractS. Fourth. To sue and be Sued, Complain and defend, in any court of law or equity. Fifth. To appoint by its board of directors, such Officers and employees as are not Otherwise provid- ed for in this Act, to define their duties, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. - Sixth. To prescribe by its board of directors by laws not inconsistent with law, regulating the man- ner in which its general business may be COnducted. NATIONAL BANKS (Tit, 62 [Page 1584] and the privileges granted to it by law may be ex- ercised and enjoyed. Seventh. To exercise by its board of directors, or duly authorized officers or agents, all powers specific- ally granted by the provisions Of this Act and Such incidental powers as shall be necessary to carry on the business of banking within the limitations pre- scribed by this Act. - - Eighth. Upon deposit with the Treasurer Of the United States Of any bonds of the United States in the manner provided by existing law relating to na- tional banks, to receive from the Comptroller of the Currency circulating notes in blank, registered and CounterSigned as provided by law, equal in amount to the par value Of the bonds so deposited, such notes to be issued under the same conditions and provisions Of law as relate to the issue of circulating notes of national banks secured by bonds of the United States bearing the circulating privilege, except that the is- Sue Of Such notes shall not be limited to the capital Stock of such Federal reserve bank. But no Federal reserve bank shall transact any business except such as is incidental and necessari- ly preliminary to its Organization until it has been authorized by the Comptroller of the Currency to Commence business under the provisions Of this Act. (5) Board of directors; enairman and “Feder- all reserve agent”; deputies; assistant agents— Every Federal reserve bank shall be conducted under the Supervision and control of a board of directors. The board of directors shall perform the duties usually appertaining to the Office Of directors of bank- ing associations and all such duties as are prescribed by law. - - - Said board shall administer the affairs of said bank fairly and impartially and without discrimina- tion in favor of Or against any member bank or banks and shall, subject to the provisions of law and the orders of the Federal Reserve Board, extend to each member bank such discounts, advancements and accommodations as may be safely and reasonably made with due regard for the claims and demands Of Other member banks. Such board of directors shall be selected as herein- after specified and shall consist of nine members, holding office for three years, and divided into three Classes, designated as classes A, B, and C. Class A shall consist of three members, who shall be chosen by and be representative of the stock-hold- ing banks. - - Class P shall consist of three members, who at the time of their election shall be actively engaged in their district in commerce, agriculture or some other industrial pursuit. Class C shall Consist Of three members who shall be designated by the Federal Reserve Board. When the necessary subscriptions to the capital stock have been obtained for the organization of any Federal re- serve bank, the Federal Reserve Board shall appoint the class C directors and shall designate One of such directors as chairman of the board to be selected. Pending the designation of such chairman, the Organ- ization Committee shall exercise the powers and du- ties appertaining to the Office Of Chairman in the Or- ganization Of Such Federal reserve bank. No Senator or Representative in Congress shall be a member of the Federal Reserve Board or an of- ficer Or a directOr Of a Federal reserve bank. No director of class B shall be an officer, director, Or employee Of any bank. r No director of class C shall be an officer, director, employee, or stockholder of any bank. Directors Of Class A and Class B shall be chosen in the following manner: The Chairman Of the board Of directors Of the Fed- eral reserve bank Of the district in which the bank is situated Or, pending the appointment of such chair- man, the organization committee shall classify the member banks of the district into three general groups or divisions. Each group shall contain as nearly as may be one-third of the aggregate number Of the member banks of the district and shall COn- sist, as nearly as may be, of banks of similar Cap- italization. The groups shall be designated by num- ber by the chairman. At a regularly called meeting Of the board of di- rectors of each member bank in the district it shall elect by ballot a district reserve elector and shall certify his name to the chairman of the board of di- rectors of the Federal reserve bank Of the district. The Chairman Shall make lists Of the district re- serve electors thus named by banks in each Of the aforesaid three groups and Shall transmit One list to each elector in each group. - - Each member bank shall be permitted to nominate to the Chairman One Candidate for director Of Class A and one candidate for director of class B. The candidates so nominated shall be listed by the Chair- man, indicating by whom nominated, and a copy of said list shall, within fifteen days after its Comple- tion, be furnished by the chairman to each elector. Every elector shall, within fifteen days after the receipt of the said list, certify to the chairman his first, second, and other choices of a director of class A and class B, respectively, upon a preferential bal- lot, On a form furnished by the Chairman Of the board of directors Of the Federal reserve bank Of the dis- trict. Each elector shall make a cross opposite the name of the first, second, and other choices for a di- rector of Class A and for a director Of Class B, but shall not vote more than One Choice for any One Can- didate. Any candidate having a majority of all votes cast in the Column of first choice shall be declared elected. If no candidate have a majority of all the votes in the first Column, then there shall be added together the votes cast by the electors for such candidates in the second column and the votes cast for the several candidates in the first Column. If any Candidate then have a majority of the electors voting, by adding to- gether the first and second choices, he shall be de- clared elected. If no candidate have a majority of electors voting when the first and second choices shall have been added, then the votes cast in the third Col- umn for other choices shall be added together in like manner, and the candidate then having the high- est number of votes shall be declared elected. An im- mediate report of election shall be declared. Class C directors shall be appointed by the Feder- al Reserve Board. They shall have been for at least two years residents of the district for which they are appointed one of whom shall be designated by Said board as chairman of the board of directors Of the Federal reserve bank and as “Federal reserve agent.” He shall be a person of tested banking eXperience and in addition to his duties as chairman of the board of directors of the Federal reserve bank he shall be re- quired to maintain, under regulations to be establish- ed by the Federal Reserve Board, a local office of said board on the premises of the Federal reserve bank. He shall make regular reports to the Feder- al Reserve Board and shall act as its Official repre- sentative for the performance of the functions con- ferred upon it by this Act. He shall receive an an- nual compensation to be fixed by the Federal Reserve Board and paid monthly by the Federal reserve bank to which he is designated. One of the directors of class C shall be appointed by the Federal Reserve Board as deputy chairman to exercise the powers of the chairman Of the board when necessary. In Case Of the absence Of the chairman and deputy Chairman, the third class C director shall preside at meetings Of the board. Subject to the approval of the Federal Reserve Board, the Federal reserve agent shall appoint one or more assistants. Such assistants, who shall be Ch. 3A) . ź 97.91 (2) NATIONAL BANKS [Page 1585] persons of tested banking experience, shall assist the Federal reserve agent in the performance of his du- ties and shall also have power to act in his name and stead during his absence or disability. The Federal Reserve Board shall require such bonds of the as- sistant Federal reserve agents as it may deem nec- essary for the protection. Of the United States. AS- sistants to the Federal reserve agent shall receive an annual Compensation, to be fixed and paid in the same manner as that of the Federal reserve agent. Directors of Federal reserve banks shall receive, in addition to any compensation otherwise provided, a reasonable allowance for necessary expenses in at- tending meetings of their respective boards, which amount shall be paid by the respective Federal re- Serve banks. Any compensation that may be provid- ed by boards of directors of Federal reserve banks for directors, officers or employees shall be subject to the approval of the Federal Reserve Board. - The Reserve Bank Organization Committee may, in Organizing Federal reserve banks, call such meetings Of bank directors in the several districts as may be necessary to carry out the purposes of this Act, and may exercise the functions herein conferred upon the Chairman Of the board of directors of each Federal reserve bank pending the complete organization of Such bank. - - - At the first meeting of the full board of directors of each Federal reserve bank, it shall be the duty of the directors of classes A, B and C, respectively, to des- ignate One of the members of each class whose term Of Office shall expire in one year from the first of January nearest to date of such meeting, one whose term of Office shall expire at the end of two years from said date, and one whose term of office shall expire at the end of three years from said date. Thereafter every director of a Federal reserve bank Chosen as hereinbefore provided shall hold office for a term of three years. Vacancies that may occur in the Several classes of directors of Federal reserve banks may be filled in the manner provided for the Original Selection of such directors, such appointees to hold Office for the unexpired terms of their prede- cessors. (Dec. 23, 1913, c. 6, § 4, 38 Stat. 254, amend- ed, June 21, 1917, c. 32, § 2, 40 Stat. 232.) See § 8835h. STOCK ISSUES: INCREASE AND DECREASE OF CAPITAL $ 9789. Capital stock; value of shares; in- crease or decrease; transfer or hypothecation of shares owned by member banks; subscriptions to stock of reserve bank on increase of capital by member bank; amount of subscription to stock of reserve bank required of member banks after organization of reserve bank; surrender of shares of stock in reserve bank by member bank on decrease of capital or liquidation—The Capital Stock of each Federal reserve bank shall be divided into shares of $100 each. The Outstanding Capital Stock shall be increased from time to time as member banks increase their capital stock and sur- plus or as additional banks become members, and may be decreased as member banks reduce their Capital Stock or surplus or, cease to be members. Shares of the capital stock of Federal reserve banks OWned by member banks shall not be transferred or hypothecated. When a member bank increases its Capital Stock or surplus, it shall thereupon subscribe for an additional amount of capital stock of the Federal reserve bank of its district equal to six per Centum Of the said increase, one-half of said sub- Scription to be paid in the manner hereinbefore pro- Vided for Original subscription, and one-half subject to call of the Federal Reserve Board. A bank ap- plying for Stock in a Federal reserve bank at any time after the organization thereof must subscribe for an amount of the capital stock of the Federal re- COMP.ST.’18—100 Serve bank equal to Six per Centum Of the paid-up capital stock and surplus of said applicant bank, paying therefor its par value plus one-half of one per centum a month from the period of the last divi- dend. When the capital Stock of any Federal re- Serve bank Shall have been increased either On a C- Count of the increase of capital stock of member banks Or on a CCOunt Of the increase in the number Of mem- ber banks, the board of directors shall cause to be executed a certificate to the Comptroller Of the Cur- rency showing the increase in capital stock, the amount paid in, and by whom paid. When a mem- ber bank reduces its Capital Stock it shall Surrender a proportionate amount of its holdings in the Capital Of Said Federal reserve bank, and When a member bank voluntarily liquidates it shall surrender all of its holdings of the capital stock of said Federal reserve bank and be released from its Stock SubSCrip- tion not previously called. In either case the shares Surrendered shall be Canceled and the member bank shall receive in payment therefor, under regulations to be prescribed by the Federal Reserve Board, a sum equal to its cash-paid Subscriptions On the shares Surrendered and One-half of One per centum a month from the period of the last dividend, not to exceed the book value thereof, less any liability of Such member bank to the Federal reserve bank. (Dec. 23, 1913, c. 6, § 5, 38 Stat. 257.) § 9790. Cancellation of stock held by member bank on insolvency; certificate of reduction of capital of reserve bank—If any member bank shall be declared insolvent and a receiver appointed there- for, the stock held by it in said Federal reserve bank shall be canceled, without impairment of its liability, and all cash-paid subscriptions on said stock, With One-half of one per centum per month from the pe- riod of last dividend, not to exceed the book value thereof, shall be first applied to all debts of the in- solvent member bank to the Federal reserve bank, and the balance, if any, shall be paid to the receiver Of the insolvent bank. Whenever the capital Stock Of a Federal reserve bank is reduced, either On a CCOUnt of a reduction in capital stock of any member bank or of the liquidation or insolvency of such bank, the board of directors shall cause to be executed a cer- tificate to the Comptroller of the Currency showing Such reduction of capital stock and the amount re- paid to such bank. (Dec. 23, 1913, c. 6, § 6, 38 Stat. 258.) DIVISION OF EARNINGS § 9791. (1) Dividends on stock of reserve Thanks; franchise tax on net earnings; surplus fund—After all necessary expenses Of a Federal re- serve bank have been paid or provided for, the stock- holders shall be entitled to receive an annual divi- dend of six per centum on the paid-in capital Stock, Which dividend Shall be Cumulative. After the afore- Said dividend claims have been fully met, all the net earnings shall be paid to the United States as a franchise tax, except that one-half of such net earn- ings shall be paid into a surplus fund until it shall amount to forty per centum of the paid-in capital stock of such bank. (2) Disposition of Inet earnings paid as frain- chise tax; disposition of surplus fund on disso- lution or insolvency of reserve bank—The net earnings derived by the United States from Federal reserve banks shall, in the discretion of the Secre- tary, be used to Supplement the gold reserve held against outstanding United States notes, or shall be applied to the reduction of the Outstanding bonded indebtedness Of the United States under regulations to be prescribed by the Secretary of the Treasury. Should a Federal reserve bank be dissolved or go into liquidation, any surplus remaining, after the payment of all debts, dividend requirements as here- inbefore provided, and the par value of the stock, 3 9791 (3) . (Tit. 62 NATIONAL BANKS IPage 1586.I shall be paid to and become the property of the Unit- ed States and shall be similarly applied. (3) Exemption from taxation—Federal reserve banks, including the capital stock and surplus there- in, and the income derived therefrom shall be exempt from Federal, State, and local taxation, except taxes § real estate. (Dec. 23, 1913, c. 6, § 7, 38 Stat. STATE BANKS AS MEMBERS § 9792. (1) Applieations for membership— Any bank incorporated by Special law of any State, or organized under the general laws of any State or of the United States, desiring to become a member of the Federal Reserve System, may make application to the Federal Reserve Board, under such rules and regu- lations as it may prescribe, for the right to subscribe to the Stock Of the Federal reserve bank organized Within the district in which the applying bank is lo- cated. Such application shall be for the same amount of stock that the applying bank would be required to Subscribe to as a national bank. The Federal Reserve IBoard, subject to such conditions as it may prescribe, rnay permit the applying bank to become a stockhold- er Of Stich Federal reserve bank. (2) Determination on application—In acting up- On Such applications the Federal Reserve Board shall consider the financial Condition of the applying bank, the general character of its management, and whether or not the Corporate powers exercised are consistent With the purposes of this Act. (3) Stock in Federal reserve banks; how paid for—Whenever the Federal Reserve Board shall per- mit the applying bank to become a stockholder in the Federal reserve bank of the district its stock subscrip- tion shall be payable on call of the Federal Reserve Board, almd stock issued to it shall be held subject to the provisions Of this Act. * (4) Laws applicable on becoming members—All banks admitted to membership under authority of this Section shall be required to comply with the reserve and Capital requirements of this Act, and to conform to those provisions of law imposed on national banks Which prohibit such banks from lending on or pur- Chasing their own stock, which relate to the with- drawal Or impairment of their capital stock, and which relate to the payment of unearned dividends. Such banks and the officers, agents, and employees thereoſ shall also be subject to the provisions of and to the penalties prescribed by section fifty-two hun- dred and nine of the Revised Statutes, and shall be required to make reports of condition and of the pay- ment Of dividends to the Federal reserve bank of which they become a member. Not less than three of Such reports shall be made annually on call of the Federal reserve bank On dates to be fixed by the Fed- eral Reserve Board. Failure to make such reports Within ten days after the date they are called for shall subject the offending bank to a penalty of $100 a day for each day that it fails to transmit such re- port; such penalty to be collected by the Federal re- serve bank by suit or otherwise. (5) Examinations—As a condition of membership Such banks shall likewise be subject to examinations made by direction Of the Federal Reserve Board or of the Federal reserve bank by examiners selected or ap- proved by the Federal Reserve Board. (6) Acceptance of examinations and reports by state authorities; special examinations—Whenev- er the directors of the Federal reserve bank shall ap- prove the examinations made by the State authori- ties, such examinations and the reports thereof may be accepted in lieu of examinations made by exam- iners selected or approved by the Federal Reserve Eoard: Provided, however, That when it deems it necessary the board may Order special examinations by examiners of its own selection and shall in all cases approve the form of the report. The expenses of all examinations, other than those made by State authori- ties, shall be assessed against and paid by the banks examined. - (7) Surrender of stock and cancellation of memberships—If at any time it shall appear to the Federal Reserve Board that a member bank has fail- ed to comply with the provisions of this section or the regulations of the Federal Reserve Board made pursuant thereto, it shall be within the power of the board after hearing to require such bank to Surren- der its stock in the Federal reserve bank and to for- feit all rights and privileges of membership. The Federal Reserve Board may restore membership upon due proof of compliance with the conditions imposed by this section. - - (8) Withdrawals from membership—Any State bank or trust company desiring to withdraw from membership in a Federal reserve bank may do so, aft- er six months’ written notice shall have been filed with the Federal Reserve Board, upon the surrender and cancellation of all of its holdings of capital stock in the Federal reserve bank: Provided, however, That no Federal reserve bank shall, except under express authority of the Federal Reserve Board, Cancel with- in the same Calendar year more than twenty-five per centum of its capital stock for the purpose of effect- ing voluntary withdrawals during that year. All such applications shall be dealt with in the order in which they are filed with the board. Whenever a member bank shall surrender its stock holdings in a Federal reserve bank, or shall be ordered to do so by the Federal Reserve Board, under authority of law, all of its rights and privileges as a member bank shall thereupon cease and determine, and after due provi- sion has been made for any indebtedness due or to be- come due to the Federal reserve bank it shall be enti- tied to a refund of its cash paid subscription with in- terest at the rate Of One-half of One per Centum per month from date of last dividend, if earned, the amount refunded in no event to exceed the book Value of the stock at that time, and shall likewise be enti- tled to repayinent of deposits and of any other balance due from the Federal reserve bank. (9) Capital stock required as condition prece- dent to membership—NO applying bank shall be admitted to membership in a Federal reserve bank un- less it possesses a paid-up, unimpaired Capital Suffi- Cient to entitle it to become a national banking a SSO- ciation in the place where it is situated under the provisions of the national-bank Act. (10) Laws applicable on becoming members; discounts for state banks—Banks becoming mem- bers of the Federal Reserve System under authority Of this Section shall be subject to the provisions Of this section and to those of this Act which relate specifically to member banks, but shall not he sub- ject to examination under the provisions of the first two paragraphs of section fifty-two hundred and forty of the Revised Statutes as amended by section twenty-One of this Act. Subject to the provisions Of this Act and to the regulations of the board made pursuant thereto, any bank becoming a member of the Federal Reserve System shall retain its full char- ter and statutory rights as a State bank or trust company, and may continue to exercise all corpo- rate powers granted it by the State in which it was created, and shall be entitled to all privileges of member banks: Provided, however, That no Federal reserve bank shall be permitted to discount for any State bank or trust company notes, drafts, Or bills of exchange of any one borrower who is liable for borrowed money to such State bank or trust Com- pany in an amount greater than ten per centum of the capital and surplus of such State bank or trust Com- pany, but the discount of bills of exchange drawn against actually existing value and the discount of commercial or business paper actually owned by the person negotiating the same shall not be Con- sidered as borrowed money within the meaning of this section. The Federal reserve bank, as a COn- Ch. 3A) Ž 97.94 (b) NATIONAL BANKS [Page 1587I dition of the discount of notes, drafts, and bills of exchange for Such State bank or trust company, shall require a certificate or guaranty to the effect that the borrower is not liable to Such bank in ex- cess of the amount provided by this section, and will not be permitted to become liable in excess of this amount while such notes, drafts, or bills of ex- change are under discount with the Federal reserve bank. - (11) Certifying checks on state banks admit- ted as members—It shall be unlawful for any officer, Clerk, Or agent of any bank admitted to member- ship under authority of this Section to certify any check drawn upon such bank unless the person or Company drawing the check has on deposit thereWith at the time Such check is Certified an amount Of money equal to the amount Specified in Such Check. Any check SO Certified by duly authorized officers shall be a good and Valid obligation against Such bank, but the act of any such officer, clerk, or agent. in violation of this section may subject such bank to a forfeiture of its membership in the Federal Re- serve System upon hearing by the Federal Reserve Board. (Dec. 23, 1913, c. 6, § 9, 38 Stat. 259, amend- ed, June 21, 1917, c. 32, § 3, 40 Stat. 232.) FEDERAL RESERVE BOARD § 97.93. (1) Number of members; ment; ex officio members; salaries—A Federal Reserve Board is hereby created which shall Consist of seven members, including the Secretary Of the Treasury and the Comptroller of the Currency, who Shall be members ex Officio, and five members ap- pointed by the President of the United States, by and with the advice and consent of the Senate. In selecting the five appointive members of the Federal Reserve Board, not more than one of whom shall be Selected from any one Federal reserve district, the President shall have due regard to a fair represen- tation. Of the different Commercial, industrial and geographical divisions of the country. The five members Of the Federal Reserve Board appointed by the President and confirmed as aforesaid Shall devote their entire time to the business of the Fed- eral Reserve Board and shall each receive an annual salary of $12,000, payable monthly together with actual necessary traveling expenses, and the COrmp- troller of the Currency, as ex officio member of the Federal Reserve Board, shall, in addition to the salary now paid him as Comptroller of the Currency, re- ceive the sum of $7,000 annually for his services as a member of Said Board. (2) Ineligibility to hold office in member banks; qualifications and terms of office of mem- bers; governor and vice governor; office for Thoard; oath of office—The members of said board, the Secretary of the Treasury, the Assistant Secre- taries of the Treasury, and the Comptroller of the Currency shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank. Of the five members thus appointed by the President at least two shall be persons experienced in banking Or finance. One shall be designated by the President to serve for two, One for four, One for Six, One for eight, and One for ten years, and thereafter each member so appointed shall serve for a term of ten years unless sooner removed for cause by the Presi- dent. Of the five persons thus appointed, one shall be designated by the President as governor and one as vice governor of the Federal Reserve Board. The governor of the Federal Reserve Board, subject to its Supervision, shall be the active executive officer. The Secretary of the Treasury may assign Offices in the Department of the Treasury for the use of the Federal Reserve Board. Each member of the Feder- al Reserve Board shall within fifteen days after no- tice of appointment make and subscribe to the oath Of Office. appoint- (3) Assessments to pay expenses—The Federal Reserve Board shall have power to levy semiannual- ly upon the Federal reserve banks, in proportion to their capital stock and surplus, an assessment Suffi- cient to pay its estimated expenses and the salaries of its members and employees for the half year Suc- ceeding the levying of such assessment, together With any deficit carried forward from the preceding half year. - (4) First meeting; members not to hold stock; vacancies—The first meeting of the Federal Reserve board shall be held in Washington, District of Colunt- bia, as soon as may be after the passage of this Act, at a date to be fixed by the Reserve Bank Organization Committee. The Secretary of the Treasury shall be eX OfficiO Chairman Of the Federal Reserve BOard. NO member of the Federal Reserve Board Shall be an Officer or director of any bank, banking institu- tion, trust company, or Federal reserve bank nor hold stock in any bank, banking institution, or trust Company; and before entering upon his duties as a member of the Federal Reserve Board he shall Certi- fy under oath to the Secretary of the Treasury that he has complied with this requirement. Whenever a vacancy shall occur, other than by expiration. Of term, among the five members of the Federal Re- serve Board appointed by the President, as above provided, a successor shall be appointed by the Presi- w | dent, with the advice and consent of the Senate, to fill such vacancy, and when appointed he shall hold Office for the unexpired term of the member whose place he is selected to fill. (5) Filling vacancies—The President shall have power to fill all vacancies that may happen. On the Federal Reserve Board during the recess of the Sen- ate, by granting commissions which shall expire thir- ty days after the next session of the Senate Convenes. (6) Powers of Secretary of the Treasury- Nothing in this Act contained shall be 20mstrued as taking away any powers heretofore vested by law in the Secretary of the Treasury which relate to the Supervision, management, and control of the Treas- ury Department and bureaus under such department, and wherever any power vested by this Act in the Federal Reserve Board Or the Federal reserve agent appears to conflict with the powers of the Secretary of the Treasury, such powers shall be exercised sub- ject to the supervision and control of the Secretary. (7) Reports to Congress—The Federal Reserve Board shall annually make a full report of its opera- tions to the Speaker Of the EIOuse Of Representatives, who shall cause the same to be printed for the in- formation of the Congress. (Dec. 23, 1913, c. 6, § 10, 38 Stat. 260.) See § 495. § 97.94. Enumerated powers—The Federal Re- Serve Board shall be authorized and empowered: (a) Examination of accounts of banks; publi- cation of weekly statements—(a) To examine at its discretion the accounts, books and affairs of each Federal reserve bank and of each member bank and to require such statements and reports as it may deem necessary. The said board shall publish. Once each week a statement showing the condition of each Fed- eral reserve bank and a consolidated Statement for all Federal reserve banks. Such statements shall Show in detail the assets and liabilities Of the Fed- eral reserve banks, single and combined, and shall fur- nish full information regarding the character of the money held as reserve and the amount, nature and maturities of the paper and Other investments own- ed or held by Federal reserve banks. - (b) Permitting rediscounting of discounted paper—(b) To permit, or, on the affirmative vote of at least five members Of the Reserve Board to require Federal reserve banks to rediscount the discounted paper of other Federal reserve banks at rates of interest to be fixed by the Federal Reserve Board. # 97.94 (c) (Tit. 62 NATIONAL BANKS [Page 1588] (c) Suspending reserve requirements; estab- lishing graduated tax on deficiency in gold re- serve—(c) To suspend for a period not exceeding thir- ty days, and from time to time to renew Such sus- pension for periods not exceeding fifteen days, any reserve requirement specified in this Act: Provided, That it shall establish a graduated tax upon the amounts by which the reserve requirements of this Act may be permitted to fall below the level herein- after specified : And provided further, That when the gold reserve held against Federal reserve notes falls below forty per centum, the Federal Reserve Board shall establish a graduated tax Of not more than One per Centum per annum upon such deficiency until the reserves fall to thirty-two and one-half per Centum, and When Said reserve falls below thirty-two and One-half per centum, a tax at the rate increasing- ly Of not less than one and one-half per centum per annum, upon each two and One-half per centum or fraction thereof that Such reserve falls below thir- ty-two and One-half per centum. The tax shall be paid by the reserve bank, but the reserve bank shall add an amount equal to said tax to the rates of in- terest and discount fixed by the Federal Reserve Board. (d) Supervising and regulating issue and re- tirement of notes—(d) To supervise and regulate through the bureau under the charge of the Comp- troller of the Currency the issue and retirement of Federal reserve notes, and to prescribe rules and reg- ulations under which such notes may be delivered by the Comptroller to the Federal reserve agents apply- ing therefor. (e) Adding to or reclassifying reserve and cen- tral reserve cities—(e) To add to the number of cit- ies classified as reserve and central reserve cities un- der existing law in which national banking associa- tions are subject to the reserve requirements set forth in section twenty of this Act; or to reclassify existing reserve and central reseñve cities or to ter- Iminate their designation as Such. (f) Suspending or removing officers or direc- tors of reserve banks—(f) To suspend or remove any Officer or director of any Federal reserve bank, the cause of such removal to be forthwith communicat- ed in Writing by the Federal Reserve Board to the removed Officer or director and to said bank. (g) Requiring writing off of doubtful or worth- less assets of banks—(g) To require the writing off Of doubtful Or Worthless assets upon the books and balance Sheets of Federal reserve banks. - (h) Suspending operations or liquidating or reorganizing banks—(h) To suspend, for the viola- tion of any of the provisions of this Act, the opera- tions of any Federal reserve bank, to take possession thereof, administer the same during the period of Suspension, and, when deemed advisable, to liqui- date Or reorganize Such bank. (i) Requiring bonds of agents; making regu- lations for safeguarding collateral, bonds, and notes—(i) TO require bonds of Federal reserve agents, to make regulations for the Safeguarding of all col- lateral, bonds, Federal reserve notes, money or prop- erty of any kind deposited in the hands of such agents, and said board shall perform the duties, functions, or services specified in this Act, and make all rules and regulations necessary to enable said board effectively to perform the same. - (i) Exercising supervision over reserve banks —(j) To exercise general Supervision over said Feder- al reserve banks. - (k) Permitting national banks to act as trus- tees—(k) To grant by special permit to national banks applying therefor, when not in contravention of State or local law, the right to act as trustee, ex- ecutor, administrator, Or registrar Of Stocks and bonds under Such rules and regulations as the said board may prescribe. - - (1) Employing attorneys, experts, assistants and clerks; salaries and fees; civil service rules not applicable—(1) TO employ such attorneys, ex- perts, assistants, clerks, or other employees as may be deemed necessary to conduct the business of the board. All salaries and fees shall be fixed in advance by said board and shall be paid in the same manner as the salaries of the members of said board. All Such attorneys, experts, assistants, clerks, and other employees shall be appointed Without regard to the provisions of the Act of January sixteenth, eighteen hundred and eighty-three (volume twenty-two, United States Statutes at Large, page four hundred and three), and amendments thereto, or any rule or regula- tion made in pursuance thereof: Provided, That noth- ing herein shall prevent the President from placing Said employees in the classified service. (m) Permitting member banks to earry re- serve in reserve bank—(m) Upon the affirmative Vote Of not less than five of its members the Federal IReserve Board shall have power, from time to time, by general ruling, covering all districts alike, to per- mit member banks to carry in the Federal reserve banks of their respective districts any portion of their reserves now required by section nineteen of this Act to be held in their own vaults. (Dec. 23, 1913, c. 6, § 11, 38 Stat. 261, amended, Sept. 7, 1916, c. 461, 39 Stat. 752.) FEDERAL ADVISORY COUNCIL § 97.95. (1) Number of members; selection; compensation and allowances; meetings; offi- cers; mode of procedure; quorum; vacancies— There is hereby created a Federal Advisory Council, Which shall Consist of as many members as there are Federal reserve districts. Each Federal reserve bank by its board of directors shall annually select from its OWn Federal reserve district One member of Said Council, who shall receive such compensation and allowances as may be fixed by his board of di- rectors Subject to the approval Of the Federal Re- serve Board. The meetings of Said advisory Council shall be held at Washington, District of Columbia, at least four times each year, and oftener if called by the Federal Reserve Board. The council may in addition to the meetings above provided for hold such other meetings in Washington, District of Co- lumbia, or elsewhere, as it may deem necessary, may Select its Own Officers and adopt its Own methods Of procedure, and a majority of its members shall con- Stitute a quorum for the transaction of business. Vacancies in the Council shall be filled by the re- spective reserve banks, and members selected to fill vacancies, shall serve for the unexpired term. - (2) Powers—The Federal Advisory Council shall have power, by itself or through its officers, (1) to confer directly with the Federal Reserve Board on general business conditions; (2) to make oral or Written representations COncerning matters within the jurisdiction of said board; (3) to call for informa- tion and to make recommendations in regard to dis- Count rates, rediscount business, note issues, reserve conditions in the various districts, the purchase and Sale of gold or securities by reserve banks, open- market operations by said banks, and the general affairs of the reserve banking system. (Dec. 23. 1913, c. 6, § 12, 38 Stat. 263.) POWERS OF FEDERAL RESERVE BANKS § 9796. (1) Deposits with Federal reserve banks—Any Federal reserve bank may receive from any of its member banks, and from the United States, deposits of current funds in lawful money, national- bank notes, Federal reserve notes, or checks, and drafts, payable upon presentation, and also, for Col- lection, maturing notes and bills; or, solely for pur- poses of exchange or of collection, may receive from other Federal reserve banks deposits of current funds in lawful money, national-bank notes, or checks upon Ch. 3A) 3 9797 (2) NATIONAL BANKS [Page 1589] other Federal reserve banks, and checks and drafts, payable upon presentation within its district, and maturing notes and bills payable within its district; or, solely for the purposes of exchange or of collec- tion, may receive from any nonmember bank or trust company deposits of current funds in lawful money, national-bank notes, Federal reserve notes, Checks and drafts payable upon presentation, Or maturing notes and bills: Provided, Such nonmember bank Or trust Company maintains with the Federal reserve bank of its district a balance sufficient to offset the items in transit held for its account by the Federal reserve bank: Provided further, That nothing in this or any other section of this Act shall be construed as prohibiting a member or non-member bank from making reasonable charges, to be determined and regulated by the Federal Reserve Board, but in no Case to exceed 10 cents per $100 Or fraction thereof, based on the total of checks and drafts presented at any one time, for collection or payment of checks and drafts and remission therefor by exchange Or otherwise; but no such charges shall be made against the Federal reserve banks. (2) Discounts of notes, drafts, or bills of ex- change—Upon the indorsement of any of its member banks, which shall be deemed a waiver of demand, notice and protest by such bank as to its own in- dorsement exclusively, any Federal reserve bank may discount notes, drafts, and bills of exchange arising out of actual commercial transactions; that is, notes, drafts, and bills of exchange issued or drawn for agricultural, industrial, or commercial purposes, Or the proceeds of which have been used, or are to be used, for such purposes, the Federal Reserve Board to have the right to determine or define the Char- acter of the paper thus eligible for discount, Within the meaning of this Act. Nothing in this Act Con- tained shall be construed to prohibit such notes, drafts, and bills of exchange, Secured by Staple agri- Cultural products, or other goods, Wares, Or mer- chandise from being eligible for such discount; but such definition shall not include notes, drafts, or bills Covering merely investments or issued or drawn for the purpose of carrying or trading in Stocks, bonds, or other investment Securities, except bonds and notes of the Government of the United States. Notes, drafts, and bills admitted to discount under the terms of this paragraph must have a maturity at the time Of discount Of not more than ninety dayS, exclusive Of days of grace: Provided, That notes, drafts, and bills drawn or issued for agricultural purposes or based on live stock and having a matur- ity not exceeding six months, exclusive of days Of grace, may be discounted in an amount to be limited to a percentage of the assets of the Federal reserve bank, to be ascertained and fixed by the Federal Re- Serve Board. - (3) Aggregate of rediscounted notes and bills —The aggregate Of Such notes, drafts, and bills bear- ing the signature or indorsement of any one bor- rower, whether a person, company, firm, or CorpOra- tion, rediscounted for any one bank shall at no time exceed ten per centum of the unimpaired capital and Surplus of said bank; but this restriction shall not apply to the discount of bills of exchange drawn in good faith against actually existing values. (4) Discount of a ceeptances—Any Federal re- serve bank may discount acceptances of the kinds hereinafter described, which have a maturity at the time of discount of not more than three months’ Sight, exclusive of days Of grace, and Which are in- dorsed by at least One member bank. (5) Acceptance of drafts or bills of exchange on imported or exported goods—Any member bank may accept drafts or bills of exchange drawn upon it having not more than six months sight to run, exclusive of days of grace, which grow out of trans- actions involving the importation or exportation of goods; or which grow out of transactions involving the domestic shipment of goods provided shipping documents Conveying Or Securing title are attached at the time Of acceptance; or which are Secured at the time Of acceptance by a Warehouse receipt Or Other Such document Conveying Or securing title covering readily marketable staples. No member bank shall accept, whether in a foreign or domestic transaction, for any One person, Company, firm, Or Corporation to an amount equal at any time in the aggregate to more than ten per Centum Of its paid- up and unimpaired capital stock and surplus, unless the bank is Secured either by attached documents or by some other actual security growing out of the Same transaction as the acceptance; and no bank shall accept such bills to an amount equal at any time in the aggregate to more than One-half of its paid-up and unimpaired Capital stock and Surplus: Provid- ed, however, That the Federal Reserve Board, under such general regulations as it may prescribe, which shall apply to all banks alike regardless of the amount of capital stock and surplus, may authorize any member bank to accept such bills to an amount not exceeding at any time in the aggregate one hun- dred per centum of its paid-up and unimpaired capi- tal stock and surplus : Provided, further, That the aggregate of acceptances growing out of domestic transactions shall in no event exceed fifty per Centum Of Such capital Stock and Surplus. (6) Advances to member banks on their notes —Any Federal reserve bank may make advances to its member banks on their promissory notes for a period not exceeding fifteen days at rates to be eS- tablished by such Federal reserve banks, Subject to the review and determination of the Federal Reserve Board, provided Such promissory notes are Secured by Such notes, drafts, bills of exchange, Or bankers' acceptances as are eligible for rediscount or for pur- Chase by Federal reserve banks under the provisions of this Act, or by the deposit or pledge of bonds or notes Of the United States. (Dec. 23, 1913, c. 6, § 13, 38 Stat. 263, amended, March 3, 1915, c. 93, 38 Stat. 958, Sept. 7, 1916, c. 461, 39 Stat. 752, and June 21, 1917, c. 32, §§ 4, 5, 40 Stat. 234, 235.) OPEN MARKET OPERATIONS § 9797. (1) Purchase or sale in open market by reserve banks of bills of exchange—Any Feder- al reserve bank may, under rules and regulations pre- scribed by the Federal Reserve Board, purchase and sell in the Open market, at home or abroad, either from or to domestic or foreign banks, firms, corporations, or individuals, Cable transfers and bankers’ acceptances and bills of exchange of the kinds and maturities by this Act made eligible for rediscount, with Or without the indorsement Of a member bank. (2) Powers of reserve banks—Every Federal re- Serve bank Shall have power: - (a) To deal in gold coin and bullion at home or abroad, to make loans thereon, exchange Federal re- serve notes for gold, gold Coin, Or gold Certificates, and to contract for loans Of gold Coin Or bullion, giving therefor, when necessary, acceptable security, includ- ing the hypothecation of United States bonds or oth- er Securities which Federal reserve banks are au- thorized to hold ; (b) To buy and sell, at home or abroad, bonds and notes Of the United States, and bills, notes, revenue bonds, and warrants with a maturity from date of purchase of not exceeding six months, issued in an- ticipation of the collection of taxes or in anticipation Of the receipt of assured revenues by any State, coun- ty, district, political subdivision, or municipality in the continental United States, including irrigation, drainage and reclamation districts, such purchases to be made in accordance with rules and regulations prescribed by the Federal Reserve Board; (c) To purchase from member banks and to sell, with or without its indorsement, bills of eXchange § 9797 (2) (Tit. 62 NATIONAL BANES [Page 15901. arising out of commercial transactions, as hereinbe- fore defined ; sº (d) To establish from time to time, subject to re- view and determination of the Federal Reserve Board, rates of discount to be charged by the Federal reserve bank for each class of paper, which shall be fixed with a view of accommodating commerce and busi- neSS ; (e) To establish accounts with other Federal re- serve banks for exchange purposes and, With the consent or upon the order and direction of the Fed- eral Reserve Board and under regulations to be pre- scribed by said board, to open and maintain accounts in foreign countries, appoint correspondents, and eS- tablish agencies in such countries wheresoever it may be deemed best for the purpose of purchasing, Selling, and collecting bills of exchange, and to buy and Sell, with or without its indorsement, through such COrre- spondents or agencies, bills of exchange (or accept- ances) arising out of actual commercial, transactions which have not more than ninety days to run, eXClu- sive of days of grace, and which bear the signature Of two or more responsible parties, and, With the Con- sent of the Federal Reserve Board, to Open and main- tain banking accounts for such foreign correspondents or agencies. Whenever any such account has been opened or agency or correspondent has been appoint- ed by a Federal reserve bank, with the consent of Or under the Order and direction of the Federal Reserve Board, any other Federal reserve bank may, with the consent and approval of the Federal Reserve Board, be permitted to carry on or conduct, through the Fed- eral reserve bank opening such account Or appointing such agency or correspondent, any transaction author- ized by this section under rules and regulations to be prescribed by the board. (Dec. 23, 1913, c. 6, § 14, 38 Stat. 264, amended, Sept. 7, 1916, c. 461, 39 Stat. 754, and June 21, 1917, c. 32, § 6, 40 Stat. 235.) . GOVERNMENT DEPOSITS § 97.98. (1) Deposits in Reserve banks and fis- cal agencies thereof for United States—The mon- eys held in the general fund of the Treasury, except the five per centum fund for the redemption of out- standing national-bank notes and the funds provided in this Act for the redemption of Federal reserve notes may, upon the direction of the Secretary of the Treasury, be deposited in Federal reserve banks, which banks, when required by the Secretary of the Treasury, shall act as fiscal agents of the United States; and the revenues Of the Government Or any part thereof may be deposited in such banks, and dis- bursements may be made by Checks drawn against Such deposits. . (2) Deposits in banks not belonging to system established by Act prohibited; member banks as depositaries—No public funds of the Philippine IS- lands, or of the postal Savings, Or any Government funds, shall be deposited in the continental United States in any bank not belonging to the System estab- lished by this Act: Provided, however, That nothing in this Act shall be construed to deny the right of the Secretary Of the Treasury to use member banks as depositories. (Dec. 23, 1913, c. 6, § 15, 38 Stat. 265.) NOTE: ISSUES § 9799. (1) Federal reserve notes; issue; by whom and for what dues receivable; redemption —Federal reserve notes, to be issued at the discre- tion of the Federal Reserve Board for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no Other purpose, are hereby authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and Other public dues. They shall be re- deemed in gold On demand at the Treasury Depart- ment of the United States, in the city of Washington, may require. With a tender to the local Federal reserve agent Of all redemptions to be made by the Treasurer. District of Columbia, or in gold or lawful money at any Federal reserve bank. - (2) Same; application for; collateral—Any Federal reserve bank may make application to the local Federal reserve agent for such amount of the Federal reserve notes hereinbefore provided for as it Such application shall be accompanied Collateral in amount equal to the sum of the Federal reserve notes thus applied for and issued pursuant to Such application. The collateral Security thus offered shall be notes, drafts, bills of exchange, or ac- Ceptances acquired under the provisions of section thirteen of this Act, or bills of exchange indorsed by a member bank of any Federal reserve district and purchased under the provisions of section fourteen of this Act, or bankers' acceptances purchased under the provisions of said section fourteen, or gold Or gold Certificates; but in no event shall such collateral se- Curity, Whether gold, gold certificates, or eligible pa- per, be less than the amount of Federal reserve notes applied for. The Federal reserve agent Shall each day notify the Federal Reserve Board of all issues and Withdrawals of Federal reserve notes to and by the Federal reserve bank to which he is accredited. The said Federal Reserve Board Imay at any time call upon a Federal reserve bank for additional se- º to protect the Federal reserve notes issued O It. - (3) Reserves against deposits and notes; re- turn for credit or redemption of notes to bank of issue; ten per cent. penalty on issue by bank other than that of issue; redemption of notes at Treasury; exchange for gold of notes received at Treasury otherwise than for redemption; ean- cellation and destruction of notes unfit for cir- culation—Every Federal reserve bank shall maintain reserves in gold or lawful money of not less than thirty-five per centum against its deposits and re- Serves in gold of not less than forty per centum against its Federal reserve notes in actual circula- tion: Provided, however, That when the Federal re- Serve agent holds gold or gold certificates as collater- al for Federal reserve notes issued to the bank such gold Or gold Certificates shall be counted as part of the gold reserve which such bank is required to main- tain against its Federal reserve notes in actual circu- lation. Notes so paid out shall bear upon their faces a distinctive letter and serial number which shall be assigned by the Federal Reserve Board to each Fed- eral reserve bank. Whenever Federal, reserve notes issued through one Federal reserve bank shall be re- ceived by another Federal reserve bank, they shall be promptly returned for credit or redemption to the Federal reserve bank through which they were origi- nally issued Or, upon direction of such Federal re- Serve bank, they shall be forwarded direct to the Treasurer of the United States to be retired. No Federal reserve bank shall pay out notes issued through another under penalty of a tax of ten per Centum upon the face value of notes so paid out. Notes presented for redemption at the Treasury of the United States shall be paid out of the redemption fund and returned to the Federal reserve banks through which they were originally issued, and there- upon such Federal reserve bank shall, upon demand of the Secretary of the Treasury, reimburse such re- demption fund in lawful money Or, if such Federal reserve notes have been redeemed by the Treasurer in gold or gold certificates, then such funds shall be reimbursed to the extent deemed necessary by the Secretary of the Treasury in gold or gold certificates, and such Federal reserve bank shall, so long as any of its Federal reserve notes remain outstanding, maintain with the Treasurer in gold an amount suffi- cient in the judgment of the Secretary to provide for Fed- eral reserve notes received by the Treasurer other- wise than for redemption may be exchanged for gold Ch. 3A) § 9799(11) NATIONAL BANKS [Page 1591] out of the redemption fund hereinafter provided and returned to the reserve bank through which they were originally issued, or they may be returned to such bank for the credit of the United States. Fed- eral reserve notes unfit for circulation shall be re- turned by the Federal reserve agents to the Comptrol- ler of the Currency for cancellation and destruction. (4) Deposits in Treasury for redemption of notes; grant or rejection of application for notes; manner of supplying; interest; lien of notes on assets—The Federal Reserve Board Shall re- quire each Federal reserve bank to maintain On de- posit in the Treasury of the United States a Sum in gold sufficient in the judgment of the Secretary of the Treasury for the redemption of the Federal reserve notes issued to such bank, but in no event less than five per centum of the total amount of notes issued less the amount of gold or gold certificates held by the Federal reserve agent as collateral Security; but such deposit of gold shall be counted and included as part of the forty per centum reserve hereinbefore re- quired. The board shall have the right, acting through the Federal reserve agent, to grant, in whole or in part, or to reject entirely the application of any Federal reserve bank for Federal reserve notes; but to the extent that such application may be granted the Federal Reserve Board shall, through its local || Federal reserve agent, supply Federal reserve notes to the banks so applying, and Such bank Shall be charged with the amount of notes issued to it and shall pay such rate of interest as may be established by the Federal Reserve Board on only that amount of such notes which equals the total amount Of its outstanding Federal reserve notes less the amount of gold or gold certificates held by the Federal reserve agent as collateral security. Federal reserve notes issued to any such bank shall, upon delivery, together with such notes of such Federal reserve bank as may be issued under section eighteen of this Act upon se- Curity of United States two per centum Government bonds, become a first and paramount lien On all the assets of such bank. - - - (5) Reduction of liability for outstanding notes by deposit of notes, and money with re- serve agent; disposition of gold so deposited— Any Federal reserve bank may at any time reduce its liability for outstanding Federal reserve notes by depositing with the Federal reserve agent its Federal reserve notes, gold, gold certificates, or lawful money of the United States. Federal reserve notes so de- posited shall not be reissued, except upon compliance with the conditions of an original issue. The Federal reserve agent shall hold such gold, gold certificates, or lawful money available exclusively for exchange for the outstanding Federal reserve notes when offered by the reserve bank of which he is a director. Upon the request of the Secretary of the Treasury the Federal Reserve Board shall require the Federal reserve agent to transmit to the Treasurer of the United States so much of the gold held by him as collateral security for Federal reserve notes as may be required for the exclusive purpose of the redemption of such Federal reserve notes, but such gold when deposited with the Treasurer shall be Counted and considered as if Collateral Security On de- posit with the Federal reserve agent. (6) Withdrawal of collateral deposited to protect notes; substitution of other collateral or retirement of notes—Any Federal reserve bank may at its discretion withdraw collateral deposited with the local Federal reserve agent for the protec- tion of its Federal reserve notes issued to it and shall at the same time substitute therefor other collateral of equal amount with the approval of the Federal reserve agent under regulations to be prescribed by the Federal Reserve Board. Any Federal reserve bank may retire any of its Federal reserve notes by depositing them with the Federal reserve agent or with the Treasurer of the United States, and such Federal reserve bank shall thereupon be entitled to receive back the collateral deposited with the Federal reserve agent for the security of such notes. Federal reserve banks shall not be required to maintain the reserve Or the redemption fund heretofore provided for against Federal reserve notes which have been retired. Federal reserve notes so deposited shall not be reissued except upon compliance with the condi- tions of an original issue. (7) Custody and safe-keeping of notes—All Federal reserve notes and all gold, gold certificates, and lawful money issued to or deposited with any Federal reserve agent under the provisions of the Federal Reserve Act shall hereafter be held for such agent, under Such rules and regulations as the Fed- eral Reserve Board may prescribe, in the joint cus- tody of himself and the Federal reserve bank to Which he is accredited. Such agent and such Federal reserve bank shall be jointly liable for the safe-keep- ing of such Federal reserve notes, gold, gold certifi- Cates, and lawful money. Nothing herein contained, however, shall be construed to prohibit a Federal re- Serve agent from depositing gold or gold certificates With the Federal Reserve Board, to be held by such board Subject to his order, or with the Treasurer of the United States for the purposes authorized by law. (8) Place of deposit of notes prior to deliv- ery to banks—When such notes have been prepared, they shall be deposited in the Treasury, or in the Subtreasury or mint of the United States nearest the place of business of each Federal reserve bank and Shall be held for the use of such bank subject to the Order of the Comptroller of the Currency for their delivery, as provided by this Act. (9) Control and direction of plates and dies by Comptroller; expense of issue and retirement of notes paid by banks—The plates and dies to be procured by the Comptroller of the Currency for the printing of Such circulating notes shall remain under his control and direction, and the expenses neces- Sarily incurred in executing the laws relating to the ... procuring Of Such notes, and all other expenses in- cidental to their issue and retirement, shall be paid by the Federal reserve banks, and the Federal Re- Serve Board shall include in its estimate of expenses levied against the Federal reserve banks a Sufficient amount to cover the expenses herein provided for. (10) Examination of plates and dies—The ex- amination of plates, dies, bed pieces, and so forth, and regulations relating to such examination of plates, dies, and so forth, of national-bank notes provided for in section fifty-one hundred and seventy-four Revis- ed Statutes, is hereby extended to include notes here- in provided for. i & See § 97.18. * (11) Appropriations and paper for printing notes; reimbursement of United States for printing notes—Any appropriation heretofore made Out of the general funds of the Treasury for engrav- ing plates and dies, the purchase of distinctive paper, or to cover any other expense in connection with the printing of national-bank notes or notes provided for by the Act of May thirtieth, nineteen hundred and eight, and any distinctive paper that may be on hand at the time of the passage of this Act may be used in the discretion of the Secretary for the pur- poses of this Act, and should the appropriations here- tofore made be insufficient to meet the requirements of this Act in addition to circulating notes provided for by existing law, the Secretary is hereby author- ized to use SO much of any funds in the Treasury not otherwise appropriated for the purpose of fur- nishing the notes aforesaid: Provided, however, That nothing in this section contained shall be construed as exempting national banks or Federal reserve banks from their liability to reimburse the United States for any expenses incurred in printing and issuing circulating notes. - See notes to chapter Two A of this Title. 3 9799 (12) (Tit. 62 NATIONAL BANES -- [Page 1592] (12) Deposit of checks and drafts for collee- tion; charges; clearance of checks—Every Feder- al reserve bank shall receive on deposit at par from member banks or from Federal reserve banks checks and drafts drawn upon any of its depositors, and When remitted by a Federal reserve bank, checks and drafts drawn by any depositor in any other Federal reserve bank Or member bank upon funds to the Credit Of said depositor in said reserve bank or mem- ber bank. Nothing herein contained shall be con- Strued as prohibiting a member bank from charging its actual expense incurred in collecting and remit- ting funds, or for exchange sold to its patrons. The Federal Reserve Board shall, by rule, fix the charges to be Collected by the member banks from its patrons Whose checks are cleared through the Federal reserve bank and the charge which may be imposed for the Service of clearing or collection rendered by the Federal reserve bank. (13) Rules and regulations for transfer of fúnds and charges therefor among banks; clear- ing houses—The Federal Reserve Board shall make and promulgate from time to time regulations govern- ing the transfer of funds and charges therefor among Federal reserve banks and their branches, and Imay at its discretion exercise the functions of a Clearing house for such Federal reserve banks, or may designate a Federal reserve bank to exercise Such functions, and may also require each such bank to exercise the functions of a clearing house for its Imember banks. • (14) Deposits of gold coin or gold eertificates with Treasurer—That the Secretary of the Treas- ury is hereby authorized and directed to receive de- posits of gold coin or of gold certificates with the Treasurer or any assistant treasurer Of the United States when tendered by any Federal reserve bank Or Federal reserve agent for credit to its or his a CCOUnt with the Federal Reserve Board. The Sec- retary shall prescribe by regulation the form of re- ceipt to be issued by the Treasurer or Assistant Treas- urer to the Federal reserve bank or Federal reserve. agent making the deposit, and a duplicate of such receipt shall be delivered to the Federal Reserve Board by the Treasurer at Washington upon proper advices from any assistant treasurer that such de- posit has been made. Deposits so made shall be held subject to the Orders Of the Federal Reserve Board and shall be payable in gold coin or gold certificates on the order of the Federal Reserve Board to any Federal reserve bank or Federal reserve agent at the Treasury Or at the Subtreasury of the United States nearest the place of business of such Federal reserve bank or such Federal reserve agent: Provided, how- ever, That any expense incurred in shipping gold to Or from the Treasury or Subtreasuries in order to make such payments, Or as a result of making such payments, shall be paid by the Federal Reserve Board and assessed against the Federal reserve banks. The Order used by the Federal Reserve Board in making such payments shall be signed by the governor or vice governor, Or such Other officers Or members as the board may by regulation prescribe. The form of such order shall be approved by the Secretary of the Treasury. The expenses necessarily incurred in carrying out these provisions, including the cost of the certificates or receipts issued for deposits received, and all ex- penses incident to the handling Of Such deposits shall be paid by the Federal Reserve Board and included in its assessments against the Several Federal reserve banks. -- GOld depositS Standing to the credit Of any Federal reserve bank with the Federal Reserve Board shall, at the option of said bank, be counted as part of the lawful reserve which it is required to maintain against Outstanding Federal reserve notes, or as a part of the reserve it is required to maintain against depositS. . ' ', . Nothing in this section shall be construed as amending Section six of the Act of March fourteenth, nineteen hundred, as amended by the Acts of March fourth, nineteen hundred and seven, March second, nineteen hundred and eleven, and June twelfth, nine- teen hundred and sixteen, nor shall the provisions Of this section be construed to apply to the deposits made Or to the receipts or certificates issued under those Acts. (Dec. 23, 1913, c. 6, § 16, 38 Stat. 265, amended, Sept. 7, 1916, c. 461, 39 Stat. 754, and June 21, 1917, c. 32, §§ 7, 8, 40 Stat. 236, 238.) § 9799a. Same; issue to prevent contraction of currency; deposits as security; extension of time of payment of eertificates of indebtedness deposited-In order to prevent contraction of the cur- rency, the Federal reserve banks may be either per- mitted Or required by the Federal Reserve Board, at the request of the Secretary of the Treasury, to issue Federal reserve bank notes, in any denominations (including denominations of $1 and $2) authorized by the Federal Reserve Board, in an aggregate amount not exceeding the amount of standard silver dollars melted Or broken up and sold as bullion under au- thority of this Act, upon deposit as provided by law with the Treasurer of the United States as security therefor, of United States certificates of indebtedness, or of United States one-year gold notes. The Secre- tary Of the Treasury may, at his Option, extend the time of payment of any maturing United States cer- tificates of indebtedness deposited as security for Such Federal reserve bank notes for any period not exceeding one year at any one extension and may, at his option, pay such certificates of indebtedness prior to maturity, whether or not so extended. The deposit Of United States Certificates of indebtedness by Federal reserve banks as security for Federal reserve bank notes under authority of this Act shall be deemed to constitute an agreement on the part of the Federal reserve bank making such deposit that the Secretary of the Treasury may so extend the time of payment of such certificates of indebtedness beyond the Original maturity date Or beyond any maturity date to which such certificates of indebted- neSS may have been extended, and that the Secretary Of the Treasury may pay Such certificates in advance of maturity, whether or not so extended. (April 23, 1918, c. 63, § 5, 40 Stat.) § 97.99%. Same; issue to prevent contraction of currency; retirement; cancellation of certifi- cates of indebtedness deposited as collateral– As and when standard silver dollars shall be coined Out of bullion purchased under authority of this Act, the Federal reserve banks shall be required by the Federal Reserve Board to retire Federal reserve bank notes issued under authority of section five of this Act, if then outstanding, in an amount equal to the amount of standard silver dollars so coined, and the Secretary of the Treasury shall pay off and cancel any United States Certificates of indebtedness de- posited as security for Federal reserve bank notes so retired. (April 23, 1918, c. 63, § 6, 40 Stat.) § 9799e. Same; issue to prevent contraction of currency; adjustment of tax on notes so is- sued—The tax on any Federal reserve bank notes is- sued under authority of this Act, Secured by the de- posit of United States certificates of indebtedness or TJnited States one-year gold notes, shall be SO ad- justed that the net return on such certificates of indebtedness, or such one-year gold notes, calculated on the face value thereof, shall be equal to the net return on United States two per cent bonds, used to secure Federal reserve bank notes, after deducting the amount of the tax upon Such Federal reserve bank notes so secured. (April 23, 1918, c. 63, § 7, 40 Stat.) - - § 9799d. Same; issue to prevent contraction of currency; existing law applicable to-Except as herein provided, Federal reserve bank notes is- sued under authority of this Act, Shall be subject to Ch. 3A) ź 9801 (2) NATIONAL BANES [Page 1593] all existing provisions of law relating to Federal re- serve bank notes. (April 23, 1918, c. 63, § 8, 40 Stat.) REFUNDING BONDs § 9800. (1) Retirement of notes; application for sale of bonds deposited to secure notes-After two years from the passage of this Act, and at any time during a period of twenty years thereafter, any member bank desiring to retire the whole or any part of its circulating notes, may file with the Treasurer of the United States an application to sell for its account, at par and accrued interest, United States bonds Securing circulation to be retired. (2) Same; list of applications; purchase of Thonds by reserve banks; allotment of bonds to baraks—The Treasurer shall, at the end of each quar- terly period, furnish the Federal Reserve Board with a list of such applications, and the Federal Reserve Board may, in its discretion, require the Federal re- serve banks to purchase such bonds from the banks whose applications have been filed with the Treasurer at least ten days before the end of any quarterly period at which the Federal Reserve Board may di- rect the purchase to be made: Provided, That Federal reserve banks shall not be permitted to purchase an amount to exceed $25,000,000 of such bonds in any one year, and which amount shall include bonds a C- | quired under section four of this Act by the Federal reserve bank. . Provided further, That the Federal Reserve Board shall allot to each Federal reserve bank Such pro- portion of such bonds as the capital and surplus of such bank shall bear to the aggregate Capital and Surplus Of all the Federal reserve banks. (3) Transfer of bonds to reserve banks; depos- it and payment of purchase price—Upon notice from the Treasurer of the amount of bonds so sold for its account, each member bank shall duly assign and transfer, in Writing, such bonds to the Federal reserve bank purchasing the same, and such Federal reserve bank shall, thereupon, deposit lawful money with the Treasurer of the United States for the pur- chase price of such bonds, and the Treasurer shall pay to the member bank selling such bonds any bal- ance due after deducting a sufficient sum to redeem its Outstanding notes secured by such bonds, which notes shall be Canceled and permanently retired when I'edeemed. . . (4) issue of notes to reserve banks purchas- ing bonds—The Federal reserve banks purchasing such bonds shall be permitted to take out an amount Of Circulating notes equal to the par value Of such bonds. - (5) Same; amount; form—Upon the deposit with the Treasurer of the United States of bonds so purchased, or any bonds with the circulating privi- lege acquired under section four of this Act, any Federal reserve bank making such deposit in the manner provided by existing law, shall be entitled to receive from the Comptroller of the Currency cir- culating notes in blank, registered and countersign- ed as provided by law, equal in amount to the par value of the bonds so deposited. Such notes shall be the obligations of the Federal reserve bank procur- ing the same, and shall be in form prescribed by the Secretary of the Treasury, and to the same tenor and effect as national-bank notes now provided by law. They shall be issued and redeemed under the same terms and conditions as national-bank notes except that they shall not be limited to the amount of the tººl Stock Of the Federal reserve bank issuing €131. (6) Exchange of two per cent gold bonds with circulation privileges for one year gold notes without circulation privileges—Upon application of any Federal reserve bank, approved by the Fed- eral Reserve Board, the Secretary of the Treasury may issue, in exchange for United States two per centum gold bonds bearing the circulation privilege, but against which no circulation is outstanding, one- year gold notes of the United States without the circulation privilege, to an amount not to exceed One- half of the two per centum bonds so tendered for ex- change, and thirty-year three per Centum gold bonds without the circulation privilege for the remainder of the two per centum bonds so tendered: Provided, That at the time Of Such exchange the Federal re- serve bank obtaining such one-year gold notes shall enter into an obligation with, the Secretary of the Treasury binding itself to purchase from the United States for gold at the maturity of such one-year notes, an amount equal to those delivered in exchange for such bonds, if so requested by the Secretary, and at each maturity of One-year notes SO purchased by Such federal reserve bank, to purchase from the Unit- ed States such an amount of One-year notes as the Secretary may tender to such bank, not to exceed the amount issued to such bank in the first instance, in exchange for the two per centum United States gold bonds ; Said obligation to purchase at maturity Such notes shall continue in force for a period not to ex- Ceed thirty years. - (7) Issue of one year gold notes and three per cent gold bonds—For the purpose of making the ex- change herein provided for, the Secretary of the Treas- ury is authorized to issue at par Treasury notes in Coupon or registered form as he may prescribe in de- nominations of one hundred dollars, or any multiple thereof, bearing interest at the rate of three per cen- tum per annum, payable quarterly, such Treasury notes to be payable not more than one year from the date of their issue in gold coin of the present stand- ard Value, and to be exempt as to principal and in- terest from the payment of all taxes and duties of the United States except as provided by this Act, as well as from taxes in any form by or under State, municipal, or local authorities. And for the same purpose the Secretary is authorized and empowered to issue United States gold bonds at par, bearing three per centum interest payable thirty years from date of issue, such bonds to be of the sar:1e general tenor and effect and to be issued under the same general terms and Conditions as the United States three per centum bonds without the circulation priv- ilege now issued and outstanding. - (8) Exchange of one year gold notes for three per cent gold bonds—Upon application of any Fed- eral reserve bank, approved by the Federal Reserve Board, the Secretary may issue at par such three per centum bonds in exchange for the one-year gold notes herein provided for. (Dec. 23, 1913, c. 6, § 18, 38 Stat. 268.) - - BANK RESERVES § 9801. (1) Pemand deposits defined—Demand deposits within the meaning of this Act shall com- prise all deposits payable within thirty days, and time deposits shall comprise all deposits payable aft- er thirty days, all savings accounts and certificates of deposit which are subject to not less than thirty days notice before payment, and all postal savings depositS. (2) Reserves of subseribing member banks-- Every bank, banking association, or trust company which is Or which becomes a member of any Federal reserve bank shall establish and Imaintain reserve balances, with, its Federal reserve bank as follows: (a) If not in a reserve or central reserve city, as now Or hereafter defined, it shall hold and maintain With the Federal reserve bank Of its district an a C- tual net balance equal to not less than Seven per Cen- tum of the aggregate amount Of its demand depos- its and three per Centum Of its time deposits. (b) If in a reserve city, as now or hereafter defin- ed, it shall hold and maintain with the Federal re- serve bank of its district an actual net balance equal to not less than ten per centum of the aggregate & 9801 (2) (Tit. 62 INATIONAL BANKS [Page 1594] amount of its demand deposits and three per centum Óf its time depositS. (c) If in a central reserve city, as now or here- after defined, it shall hold and maintain with the Federal reserve bank Of its district an actual net balance equal to not less than thirteen per centum of the aggregate amount Of its demand deposits and three per centum Of its time deposits. No member bank shall keep on deposit with any State bank or trust company which is not a member bank a sum in excess of ten per centum of its Own paid-up capital and Surplus. No member bank shall act as the medium or agent of a nonmember bank in applying for or receiving discounts from a Federal reserve bank under the provisions of this Act, ex- Cept by permission of the Federal Reserve Board. The required balance carried by a member bank with a Federal reserve bank may, under the regula- tions and subject to such penalties as may be pre- scribed by the Federal Reserve Board, be checked against and withdrawn by such member bank for the purpose of meeting existing liabilities: Provided, however, That no bank shall at any time make new loans Or shall pay any dividends unless and until the total balance required by law is fully restored. In estimating the balances required by this Act, the net difference Of amounts due to and from Other banks shall be taken as the basis for ascertaining the deposits against which required balances with Fed- eral reserve banks shall be determined. - National banks, or banks organized Under local laws, located in Alaska or in a dependency or insular possession Or any part Of the United States Outside the Continental United States may remain nonmem- ber banks, and shall in that event maintain reserves and comply with all the conditions now provided by law regulating them ; or said banks may, with the Consent of the Reserve Board, become member banks Of any one of the reserve districts, and shall in that event take stock, maintain reserves, and be subject to all the other provisions of this Act. (Dec. 23, 1913, c. 6, § 19, 38 Stat. 270, amended, Aug. 15, 1914, c. 252, 38 Stat. 691, and June 21, 1917, c. 32, § 10, 40 Stat. 239.) - - § 98.02. Repeal of law making funds deposit- ed for redemption of national bank notes part of reserve fund—SO much Of Sections two and three Of the Act of June twentieth, eighteen hundred and seventy-four, entitled “An Act fixing the amount of United States notes, providing for a redistribution of the national-bank currency, and for other purposes,” as provides that the fund deposited by any national banking association with the Treasurer of the United States for the redemption Of its notes Shall be counted as a part of its lawful reserve as provided in the Act aforesaid, is hereby repealed. And from and after the passage of this Act such fund of five per centum shall in no case be counted by any national banking association as a part of its lawful, reserve. (Dec. 23, 1913, c. 6, § 20, 38 Stat. 271.) - See §§ 6480–6487, 9748, 9751. § 9803. Repeal; borrowing gold on security of United States bonds or one year gold notes; sale of such bonds or notes—All provisions Of law inconsistent with or Superseded by any of the provi- Sions of this Act are to that extent and to that extent only hereby repealed: Provided, Nothing in this Act contained shall be construed to repeal the parity pro- vision or provisions contained in an Act approved March fourteenth, nineteen hundred entitled “An Act to define and fix the standard of value, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for other purposes,” and the Secretary of the Treas- ury may for the purpose of maintaining such parity and to strengthen the gold reserve, borrow gold on the Security of United States bonds authorized by section two of the Act last referred to or for one-year gold notes bearing interest at a rate of not to exceed three per centum per annum, or sell the same if nec- essary to obtain gold. When the funds of the Treas- ury on hand justify, he may purchase and retire such Outstanding bonds and notes. (Dec. 23, 1913, c. 6, § 26, 38 Stat. 274.) § 9804. Effect of partial invalidity of act— If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of COmpetent jurisdiction to be invalid, such judgment Shall not affect, impair, Or invalidate the remainder Of this Act, but shall be confined in its Operation to the clause, sentence, paragraph, or part thereof direct- ly involved in the controversy in which such judg- ment shall have been rendered. (Dec. 23, 1913, c. 6, § 29, 38 Stat. 275.) § 9805. Reservation of power to amend, al- ter, or repeal act—The right to amend, alter, or re- peal this Act is hereby expressly reserved. (Dec. 23, 1913, c. 6, § 30, 38 Stat. 275.) Chapter Four—Dissolution and Re Sec. - ceivership 9806. Voluntary dissolution. w 9807. Same; enforcement of shareholders’ individual liability by creditors. - - 9808. Same; notice of intent. 9809. Same; deposit of money to redeem outstanding circula- tion. 9810. Same; exemption as to an association consolidating With another. 9811. Same; reassignment of bonds and redemption of notes. 9812. Same ; destruction of redeemed notes. 98.13. Mode of protesting notes. - 9814. Examination by Special agent. . 9815. Continuing business after default. 9816. Notice to holders; redemption at Treasury; cancella- tion of bonds. - 98.17. Sale of bonds, at auction. 98.18. Same; at private sale. 9819. Disposal of protested notes. 9820. Cancellation of notes. 9821. Appointment of receivers; positary. 9822. Notice to present claims. 9823. Dividends. 9824. Injunction upon receivership. 9825. Fees and expenses. 9826. Receivers for banks violating law, failing to pay judg- ments, or becoming insolvent. wº 9827, Shareholders’ meeting; continuance of receivership or appointment of agent; winding up business ; distribu- tion of assets. . 9828. Purchase by receiver of property of bank; Comptroller. 9829. Approval of request. f 9830. Payment. 9831. Penalty for violation of Title. & 9832. Bank examinations; appointment, salaries, and powers deposits in Government de- request to of examiners. g & & 9333. Loans to bank examiners; fees to examiners or directors. 9834. Transfers, when void. 9835. Use of title “national.” - § 9806. Voluntary dissolution—Any association may go into liquidation and be closed by the vote Of its shareholders owning two-thirds of its stock. (R. S. § 5220.) ... " § 9.807. Same; enforcement of shareholders’ individual liability by creditors—When any, na- tional banking association shall have gone, into liqui- dation under the provisions of section five thousand two hundred and twenty of said statutes, the in- dividual liability of the shareholders provided for by section fifty-one hundred and fifty-one of Said statutes may be enforced by any creditor of Such association, by bill in equity, in the nature of a creditor's bill, brought by such creditor on behalf of himself and Of all other creditors of the association, against the shareholders thereof, in any court of the United States having original jurisdiction in equity for the district in which such association may have been located or established. (June 30, 1876, c. 156, § 2, 19 Stat. 63.) See § 9689. .. - § 98.08. Same; notice of intent—Whenever a vote is taken to go into liquidation it shall be the duty of the board of directors to cause notice of this fact to be certified, under the seal of the association, Ch. 4) Ž 98.17 NATIONAL BANKS [Page 1595.] by its president or cashier, to the Comptroller of the Currency, and publication thereof to be made for a period of two months in a newspaper published in the city of New York, and also in a newspaper pub- lished in the city Or town in which the association is located, or if no newspaper is there published, then in the newspaper published nearest thereto, that the association is closing up its affairs, and notifying the holders of its notes and Other Creditors to present the notes and other claims against the association for payment. (R. S. § 5221.) § 9809. Same; deposit of money to redeem outstanding circulation—Within six months from the date of the vote to go into liquidation, the asso- Ciation shall deposit with the Treasurer of the United States, lawful money of the United States sufficient to redeem all its Outstanding circulation. The Treas- urer shall execute duplicate receipts for money thus deposited, and deliver one to the association and the Other to the Comptroller of the Currency, stating the amount received by him, and the purpose for which it has been received ; and the money shall be paid into the Treasury of the United States, and placed to the credit of such association upon redemption ac- count. (R. S. § 5222.) § 9810. Same; exemption as to an associa- tion consolidating with another—An association which is in good faith winding up its business for the purpose of consolidating with another association shall not be required to deposit lawful money for its Outstanding circulation ; but its assets and liabilities shall be reported by the association with which it is in process of consolidation. (R. S. § 5223.) § 9811. Same; reassignment of bonds and re- demption of notes—Whenever a sufficient deposit Of lawful money to redeem the Outstanding circulation Of an association proposing to close its business has been made, the bonds deposited by the association to Secure payment of its notes shall be re-assigned to it, in the manner prescribed by section fifty-one hun- dred and sixty-two. And thereafter the association and its shareholders shall stand discharged from all liabilities upon the circulating notes, and those notes shall be redeemed at the Treasury of the United States. And if any such bank shall fail to make the deposit and take up its bonds for thirty days after the expiration of the time specified, the Comptroller of the Currency shall have power to sell the bonds pledg- ed for the circulation of Said bank, at public auction in New York City, and, after providing for the re- demption and cancellation of Said circulation and the necessary expenses of the sale, to pay Over any bal- ance remaining to the bank or its legal representative. (R. S. § 5224, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) - See notes to chapter Two A of this Title. § 9812. Same; destruction of redeemed notes —Whenever the Treasurer has redeemed any of the notes of an association which has commenced to close its affairs under the five preceding sections, he shall cause the notes to be mutilated and charged to the redemption account of the association ; and all notes so redeemed by the Treasurer shall, every three months, be Certified to and burned in the manner pre- scribed in section fifty-one hundred and eighty-four. (R. S. § 5225, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) º - See notes to chapter Two A of this Title. § 98.13. Mode of protesting notes—Whenever any national banking association fails to redeem in the lawful money of the United States any of its circulating notes, upon demand of payment duly made during the usual hours of business, at the Office Of Such association, Or at its designated place of re- demption, the holder may cause the same" to be pro- tested, in One package, by a notary public, unless the president Or Cashier Of the association whose notes are presented for payment, or the president or cash- ier of the association at the place at which they are redeemable offers to waive demand and notice of the protest, and, in pursuance of such offer, makes, signs, and delivers to the party making such demand an ad- mission in Writing, stating the time of the demand, the amount démanded, and the fact of the non-pay- ment thereof. The notary public, on making such protest, or upon receiving such admission, shall forth- With forward such admission or notice of protest to the Comptroller of the Currency, retaining a copy thereof. If, however, satisfactory proof is produced to the notary public that the payment of the notes demanded is restrained by order of any court of Competent jurisdiction, he shall not protest the same. When the holder of any notes causes more than one note Or package to be protested on the same day, he Shall not receive pay for more than one protest. (R. S. § 5226.) - - - See notes to chapter Two A of this Title. - § 9814. Examination by special agent—On re- Ceiving notice that any national banking association has failed to redeem any of its circulating notes, as Specified in the preceding section, the Comptroller Of the Currency, with the concurrence of the Secre- tary Of the Treasury, may appoint a special agent, of Whose appointment immediate notice shall be given to Such association, who shall immediately proceed to ascertain whether it has refused to pay its circu- lating notes in the lawful money of the United States, When demanded, and shall report to the Comptroller the fact so ascertained. If, from such protest, and the report SO made, the Comptroller is satisfied that Such association has refused to pay its circulating notes and is in default, he shall, within thirty days after he has received notice of such failure, declare the bonds deposited by such association forfeited to the United States, and they shall thereupon be so forfeited. (R. S. § 5227.) See notes to chapter Two A of this Title. § 9815. Continuing business after default— After a default on the part of an association to pay any of its circulating notes has been ascertained by the Comptroller, and notice thereof has been given by him to the association, it shall not be lawful for the association suffering the same to pay out any of its notes, discount any notes or bills, or otherwise prosecute the business of banking, except to receive and safely keep money belonging to it, and to de- liver Special deposits. (R. S. § 5228, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.) - See notes to chapter Two A of this Title. § 9816. Notice to holders; redemption , at Treasury; cancellation of bonds—Immediately up- On declaring the bonds of an association forfeited for non-payment of its notes, the Comptroller shall give notice, in such manner as the Secretary of the Treasury shall, by general rules or otherwise; direct, to the holders of the circulating notes of Such asso- ciation, to present them for payment at the Treasury Of the United States ; and the same shall be paid as presented in lawful money of the United States; whereupon the Comptroller may, in his discretion, cancel an amount Of bonds pledged by such associa- tion equal at current market rates, not exceeding par, to the notes paid. (R. S. $ 5229.) See notes to chapter Two A. of this Title. § 98.17. Sale of bonds; at auction—Whenever the Comptroller has become satisfied, by the protest or the waiver and admission specified in section fifty- two hundred and twenty-six, or by the report provid- ed for in section fifty-two hundred and twenty-seven, that any association has refused to pay its circulat- ing notes, he may, instead of Canceling its bonds, Cause SO much Of them as may be necessary to redeem its outstanding notes to be sold at public auction in the city of New York, after giving thirty days' no- tice of Such sale to the association. For any deficien- Cy in the proceeds of all the bonds of an association, when thus sold, to reimburse to the United States the amount expended in paying the circulating notes of the aSSOCiation, the United States shall have a para- & 98.17 (Tit. 62 NATIONAL BANEKS mount lien upon all its assets; and Such deficiency shall be made good out of such assets in preference to any and all other claims whatsoever, except the necessary costs and expenses of administering the same. (R. S. § 5230.) - Sce notes to chapter Two A of this Title. § 98.18. Same; at private sale—The Comptrol- ler may, if he deems it for the interest of the United States, sell at private sale any of the bonds of an as- Sociation shown to have made default in paying its notes, and receive therefor either money or the cir- culating notes of the association. But no such bonds shall be sold by private sale for less than par, nor for less than the market-value thereof at the time Of Sale ; and no Sales of any such bonds, either public or private, shall be complete until the transfer of the bonds shall have been made with the formalities prescribed by sections fifty-one hundred and sixty- two, fifty-one hundred and sixty-three, and fifty-one hundred and sixty-four. (R. S. § 5231.) See notes to chapter Two A of this Title. § 9819. Disposal of protested notes—The Sec- retary of the Treasury may, from time to time, make such regulations respecting the disposition to be made of circulating notes after presentation at the Treas- ury of the United States for payment, and respect- ing the perpetuation of the evidence of the payment thereof, as may seem to him proper. (R. S. § 5232.) See notes to chapter Two A of this Title. § 9820. Cancellation of notes—All notes of na- tional banking associations presented at the Treas- ury of the United States for payment shall, on being paid, be canceled. (R. S. § 5233.) See notes to chapter Two A of this Title. § 9821. Appointment of receivers; deposits in Government depositary—On becoming satisfied. as specified in sections fifty-two hundred and twenty- six and fifty-two hundred and twenty-seven, that any association has refused to pay its circulating notes as therein mentioned, and is in default, the Comp- troller of the Currency may forthwith appoint a re- ceiver, and require of him such bond and Security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such as- sociation, collect all debts, dues, and claims belong- ing to it, and, upon the Order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like Order, may sell all the real and personal property of such associa- tion, on such terms as the court shall direct; and may, if necessary to pay the debts Of Such associa- tion, enforce the individual liability of the stockhold- ers. Such receiver shall pay Over all money SO made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings. Provided, That the comptroller may, if he deems proper, deposit any of the money so made in any reg- ular Government depositary, Or in any State Or na- tional bank oither of the City or town in which the insolvent bank was located, or of a city or town. as adjacent thereto as practicable; if such deposit is made he shall require the depositary to deposit Unit- ed States bonds Or Other Satisfactory Securities with the Treasurer of the United States for the Safe-keep- ing and prompt payment of the money so deposited. Such depositary shall pay upon such money interest at such rate as the comptroller may prescribe, not less, however, than two per centum per annum upon the average monthly amount of such deposits. (R. S. § 5234, amended, May 15, 1916, c. 121, 39 Stat. 121.) See notes to chapter Two A of this Title. § 9822. Totice to present claims—The Comp- troller shall, upon appointing a receiver, cause notice to be given, by advertisement in such newspapers as he may direct, for three consecutive months, calling on all persons who may have claims against such as- sociation to present the Same, and to make legal proof thereof. (R. S. § 5235.) - [Page 1596] § 9823. Dividends—From time to time, after full provision has been first made for refunding to the United States any deficiency in redeeming the notes Of Such association, the Comptroller shall make a rat- able dividend of the money so paid over to him by Such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court Of competent jurisdiction, and, as the proceeds of the assets Of Such association are paid Over to him, shall Imake further dividends on all claims previously proved or adjudicated; and the remainder of the pro- ceeds, if any, shall be paid over to the shareholders of such association, or their legal representatives, in proportion to the stock by them respectively held. (R. S. § 5236.) - § 9824. Injunction upon receivership—When- ever an association against which proceedings have been instituted, on account of any alleged refusal to redeem its circulating notes as aforesaid, denies hav- ing failed to do so, it may, at any time within ten days after it has been notified Of the appointment Of an agent, as provided in section fifty-two hundred and twenty-seven, apply to the nearest circuit, or dis- trict, or territorial court of the United States to en- join further proceedings in the premises; and such court, after citing the Comptroller of the Currency to show cause why further proceedings should not be en- joined, and after the decision of the Court or finding of a jury that such association has not refused to re- deem its circulating notes, when legally presented, in the lawful money Of the United States, shall make an order enjoining the Comptroller, and any receiver acting under his direction, from all further proceed- ings on account of such alleged refusal. (R. S. § . 5237.) § 9825. Fees and expenses—All fees for protest- ing the notes issued by any national banking a SSO- ciation shall be paid by the person procuring the pro- test to be made, and such association shall be liable therefor; but no part of the bonds deposited by such association shall be applied to the payment of such fees. All expenses of any preliminary or other exam- inations into the condition of any association shall be paid by such association. All expenses of any receiv- ership shall be paid out of the assets of such associa- tion before distribution of the proceeds thereof. (R. S. § 5238.) - § 9826. Receivers for banks violating law, failing to pay judgments, or becoming insolvent —Whenever any national banking association shall be dissolved, and its rights, privileges, and franchis- es declared forfeited, as prescribed in section fifty- two hundred and thirty-nine of the Revised Stat- utes of the United States, or whenever any Creditor of any national banking association shall have ob- tained a judgment against it in any court of record, and made application, accompanied by a certificate from the clerk of the court stating that Such judg- ment has been rendered and has remained unpaid for the space of thirty days, or whenever the Comp- troller shall become satisfied of the insolvency Of a national banking association, he may, after dile ex- amination of its affairs, in either case, appoint a receiver who shall proceed to close up such associa- tion, and enforce the personal liability of the share- holders, as provided in section fifty-two hundred and thirty-four of said statutes. (June 30, 1876, C. 156, § 1, 19 Stat. 63.) See §§ 9821, 9831. - § 9827. Shareholders’ meeting; continuance of receivership or appointment of agent: wind- ing up business; distribution of assets--Whenever any association shall have been or shall be placed in the hands of a receiver, as provided in Section fifty-two hundred and thirty-four and other sections of the Revised Statutes of the United States, and when, as provided in section fifty-two hundred and thirty-six thereof, the Comptroller of the Currency shall have paid to each and every creditor of Such as- Ch. 4) 3 98.29 NATIONAL BANKS [Page 1597] sociation, not including shareholders who are credi- tors of such association, whose claim or claims as such creditor shall have been proved or allowed as therein prescribed, the full amount of such claims, and all expenses Of the receivership and the redemp- tion of the circulating notes of such association shall have been provided for by depositing lawful money of the United States with the Treasurer of the Unit- ed States, the Comptroller of the Currency shall call a meeting Of the shareholders of such association by giving notice thereof for thirty days in a news- paper published in the town, city, or county where the business of such association was carried on, or if no newspaper is there published, in the newspaper published nearest thereto. At such meeting the Shareholders shall determine whether the receiver Shall be continued and shall wind up the affairs of Such association, or whether an agent shall be elect- ed for that purpose, and in so determining the said Shareholders shall vote by ballot, in person or by proxy, each share of stock entitling the holder to One Vote, and the majority Of the Stock in Value and number of shares shall be necessary to determine Whether the said receiver shall be continued, or Whether an agent shall be elected. In case such majority shall determine that the said receiver shall be continued, the said receiver shall thereupon pro- Ceed with the execution of his trust, and shall sell, dispose of, or otherwise collect the assets of the Said association, and shall possess all the powers and authority, and be subject to all the duties and liabilities originally conferred or imposed upon him by his appointment as such receiver, so far as the Same remain applicable. In Case the said meeting shall, by the vote of a majority of the stock in value and number of Shares, determine that an agent shall be elected, the said meeting shall thereupon proceed to elect an agent, Voting by ballot, in person or by proxy, each share of stock entitling the holder to One vote, and the person who shall receive votes rep- resenting at least a majority of Stock in value and number shall be declared the agent for the purposes hereinafter provided; and whenever any of the share- holders Of the association shall, after the election Of Such agent, have executed and filed a bond to the Satisfaction of the Comptroller of the Currency, Conditioned for the payment and discharge in full of each and every claim that may thereafter be prov- ed and allowed by and before a competent court, and for the faithful performance of all and singu- lar the duties of such trust, the Comptroller and the Teceiver Shall thereupon transfer and deliver to Such agent all the undivided or uncollected or Other as- Sets Of Such association then remaining in the hands Or subject to the Order and control of said Comp- troller and said receiver, or either of them; and for this purpose said Comptroller and said receiver are hereby severally empowered and directed to execute any deed, assignment, transfer, or other instrument in Writing that may be necessary and proper; and up- On the execution and delivery Of Such instrument to the Said agent the said Comptroller and the Said re- Ceiver shall by virtue of this Act be discharged from any and all liabilities to Such association and to each and all the Creditors and shareholders thereof. Upon receiving Such deed, assignment, transfer, Or Other instrument the person elected such agent sha.II hold, Control, and dispose of the assets and property Of Such association which he may receive under the terms hereof for the benefit Of the shareholdiers of Such association, and he may in his own name, or in the name of such association, sue and be sued and do all other lawful acts and things necessary to finally settle and distribute the assets and property in his hands, and may sell, compromise, or compound the debts due to such association, with the consent and approval Of the Circuit or district Court of the Unit- ed States for the district where the business of Such aSSOciation Was carried on, and shall at the con- }** clusion of his trust render to such district or circuit Court a full account of all his proceedings, receipts, and expenditures as such agent, which court shall, upon due notice, Settle and adjust such accounts and discharge Said agent and the Sureties upon said bond. And in Case any such agent so elected shall refuse to Serve, or die, resign, or be removed, any share- holder may Call a meeting of the shareholders of such asSociation in the town, city, or village where the business of the said association was carried on, by giving notice thereof for thirty days in a newspaper published in Said town, city, or village, or if no news- paper is there published, in the newspaper published nearest thereto, at which meeting the shareholders Shall elect an agent, voting by ballot, in person or by proxy, each share of Stock entitling the holder to One Vote, and When such agent shall have received VoteS representing at least a majority of the stock in Value and number of shares, and shall have exe- Cuted a bond to the Shareholders conditioned for the faithful performance of his duties, in the penalty fixed by the shareholders at said meeting, with two Sureties, to be approved by a judge of a court of rec- Ord, and file Said bond in the office of the clerk of a court of record in the county where the business of Said association was carried on, he shall have all the rights, powers, and duties of the agent first elect- ed as hereinbefore provided. At any meeting held as hereinbefore provided administrators or execu- tors Of deceased Shareholders may act and sign as the decedent might have done if living, and guardians Of minors and trustees Of Other perSons may SO act and sign for their Ward Or Wards Or Cestui que trust. The proceeds of the assets or property of any such aSSOciation which may be undistributed at the time of Such meeting or may be subsequently received Shall be distributed as follows: First. To pay the expenses of the execution of the trust to the date of such payment. Second. To repay any amount or amounts which have been paid in by any shareholder Or sharehold- ers of such association upon and by reason of any and all assessments made upon the Stock Of Such association by the Order of the Comptroller of the Currency in accordance with the provisions of the Statutes of the United States; and Third. The balance ratably among such stockhold- ers, in proportion to the number of shares held and Owned by each. Such distribution shall be made from time to time as the proceeds shall be received and as shall be deemed advisable by the said Comp- troller or said agent. (June 30, 1876, c. 156, § 3, 19 Stat. 63, amended, Aug. 3, 1892, c. 360, 27 Stat. 345, and March 2, 1897, c. 354, 29 Stat. 600.) § 9828. Purchase by receiver of property of bank; request to Comptroller—Whenever the re- ceiver of any national bank duly appointed by the Comptroller of the Currency, and who shall have duly qualified and entered upon the discharge of his trust, shall find it in his Opinion necessary, in Order to fully protect and benefit his said trust, to the extent of any and all equities that such trust may have in any property, real Or personal, by reason of any bond, mortgage, assignment, or other proper legal claim attaching thereto, and which said prop- erty is to be sold under any execution, decree of fore- closure, or proper order of any court of jurisdiction, he may certify the facts in the case, together with his opinion as to the value of the property to be sold, and the value of the equity his said trust may have in the same, to the Comptroller of the Currency, together with a request for the right and authority to use and employ so much of the money of Said trust as may be necessary to purchase Such property at such sale. (March 29, 1886, c. 28, § 1, 24 Stat. 8.) § 98.29. Approval of request—Such request, if approved by the Comptroller of the Currency, shall be, together with the certificate of facts in the Case, ź 9830 (Tit. 62 NATIONAL BANKs [Page 15981. and his recommendation as to the amount of money Which, in his judgment, should be so used and employ- ed, Submitted to the Secretary of the Treasury, and if the same shall likewise be approved by him, the request shall be by the Comptroller of the Currency allowed, and notice thereof, with copies of the re- quest, Certificate of facts, and indorsement of ap- proVals, Shall be filed with the Treasurer of the Unit- ed States. (March 29, 1886, c. 28, § 2, 24 Stat. 8.) § 9830. Payment—Whenever any such request Shall be allowed as hereinbefore provided, the said Comptroller of the Currency shall be, and is, empow- ered to draw upon and from such funds of any Such trust as may be deposited with the Treasurer of the United States for the benefit of the bank in interest, to the amount as may be recommended and allowed and for the purpose for which such allowance was made: , Provided, however, That all payments to be made for or On account of the purchase of any such property and under any such allowance shall be made by the Comptroller of the Currency direct, with the approval of the Secretary of the Treasury, for such purpose Only and in such manner as he may determine and order. (March 29, 1886, c. 28, § 3, 24 Stat. 8.) § 9831. Penalty for violation of Title—If the directors of any national banking association shall knowingly violate, or knowingly permit any of the Officers, agents, or servants of the association to vio- late any of the provisions of this Title, all the rights, privileges, and franchises of the association shall be thereby forfeited. Such violation shall, however, be determined and adjudged by a proper circuit, district, Or territorial court of the United States, in a suit brought for that purpose by the Comptroller of the Currency, in his own name, before the association Shall be declared dissolved. And in cases of such vio- lation, every director who participated in or assent- ed to the same shall be held liable in his personal and individual capacity for all damages which the as- Sociation, its shareholders, or any other person, shall have Sustained in consequence of such violation. (R. S. § 5239.) º § 9832. Bank examinations; appointment, salaries, and powers of examiners—The Comptrol- ler of the Currency, with the approval of the Secre- tary of the Treasury, shall appoint examiners who Shall examine every member bank at least twice in each Calendar year and oftener if considered neces- sary: Provided, however, That the Federal Reserve Board may authorize examination by the State author- ities to be accepted in the case of State banks and trust Companies and may at any time direct the hold- ing of a special examination of State banks or trust Companies that are stockholders in any Federal re- Serve bank. The examiner making the examination of any national bank, or of any other member bank, shall have power to make a thorough examination of all the affairs of the bank and in doing so he shall have power to administer Oaths and to examine any Of the Officers and agents thereof under Oath and shall make a full and detailed report of the condition of said bank to the Comptroller of the Currency. The Federal Reserve Board, upon the recommenda- tion of the Comptroller of the Currency, shall fix the salaries of all bank examiners and make report there- of to Congress. The expense of the examinations herein provided for shall be assessed by the Comp- troller of the Currency upon the banks examined in proportion to assets or resources held by the banks upon the dates Of examination of the various banks. In addition to the examinations made and conduct- ed by the Comptroller of the Currency, every Federal reserve bank may, with the approval of the Federal reserve agent or the Federal Reserve Board, provide for Special examination of member banks within its district. The expense of such examinations shall be borne by the bank examined. Such examinations shall be SO Conducted as to inform the Federal re- serve bank of the Condition of its member banks and of the lines of credit which are being extended by them. Every Federal reserve bank shall at all times furnish to the Federal Reserve Board such informa- tion as may be demanded concerning the condition of any member bank within the district of the said Fed- eral reserve bank. No bank shall be subject to any visitorial powers Other than such as are authorized by law, or vested in the Courts of justice or such as shall be or shall have been exercised or directed by Congress, or by either EIOuse thereof or by any committee of Congress Or Of either House duly authorized. - The Federal Reserve Board shall, at least once each year, Order an examination of each Federal reserve bank, and upon joint application of ten member banks the Federal Reserve Board shall order a special exam- ination and report of the condition of any Federal re- Serve bank. (R. S. § 5240, amended, Feb. 19, 1875, c. # 18 Stat. 329, and Dec. 23, 1913, c. 6, § 21, 38 Stat. 71.) - - (R. S. § 5241. Superseded.) This section was as follows: “No association shall be Subject to any visitorial powers other than such as are authorized by the Title, or are vested in the courts of justice.” It was superseded by the amendment of R. S. § 5240, by the Federal Reserve Act of Dec. 23, 1913, c. 6, § 21 (§ 9832). § 9833. Loans to bank examiners; fees to ex- aminers or directors—No member bank or any offi- Cer, director, or employee thereof shall hereafter make any loan or grant any gratuity to any bank examiner. Any bank Officer, director, or employee violating this provision shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding One year Or fined not more than $5,000, or both ; and may be fined a further sum equal to the money so loaned or gratui- ty given. Any examiner accepting a loan or gratuity from any bank examined by him or from an Officer, director, or employee thereof shall be deemed guilty of a misdemeanor and shall be imprisoned not exceed- ing one year or fined not more than $5,000, or both; and may be fined a further sum equal to the money so loaned or gratuity given ; and shall forever there- after be disqualified from holding Office as a national- bank examiner. No national-bank examiner shall per- form any other Service for Compensation while holding such office for any bank or officer, director, or em- ployee thereof. - - Other than the usual salary or director’s fee paid to any officer, director, employee, or attorney of a member bank, and other than a reasonable fee paid by said bank to such officer, director, employee, Or at- torney for services rendered to Such bank, no officer, director, employee, or attorney of a member bank shall be a beneficiary of or receive, directly Or indi- rectly, any fee, commission, gift, or other considera- tion for or in connection with any transaction or busi- ness of the bank: Provided, however, That nothing in this Act contained shall be Construed to prohibit a director, officer, employee, or attorney from receiving the same rate of interest paid to other depositors for similar deposits made with such bank: And provided further, That notes, drafts, bills of exchange, or other evidences of debt executed or indorsed by directors or attorneys of a member bank may be discounted with such member bank on the same terms and con- ditions as other notes, drafts, bills of exchange, or evidences of debt upon the affirmative vote or written assent of at least a majority Of the members of the board of directors of such member bank. No examiner, public or private, shall disclose the names of borrowers or the Collateral for loans of a member bank to Other than the proper Officers Of Such bank without first having Obtained the express per- mission in writing from the Comptroller of the Cur- rency, or from the board of directors of such bank, except when Ordered to do SO by a court of compe- tent, jurisdiction, or by direction of the Congress of the United States; or of either House thereof, or any committee of Congress Or of either House duly au- Tit. 62A) FEDERAL FARM LOANS IPage 1599] thorized. Any person violating any provision of this section shall be punished by a fine of not exceeding sº or by imprisonment not exceeding one year, or Oth. Except as provided in existing laws, this provision shall not take effect until Sixty days after the passage of this Act. (Dec. 23, 1913, c. 6, § 22, 38 Stat. 272, amended, June 21, 1917, c. 32, § 11, 40 Stat. 240.) § 9834. Transfers, when void—All transfers of the notes, bonds, bills of exchange, or other evidences of debt owing to any national banking association, or of deposits to its credit ; all assignments of mort- gages, sureties on real estate, or of judgments Or de- crees in its favor ; all deposits Of money, bullion, Or other Valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act Of insolvency, or in contemplation thereof, made with a View to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly Inull and void ; and no attachment, injunction or exe- cution, shall be issued against such association Ol' its property before final judgment in any suit, action, or proceeding, in any State, county, or municipal court. (R. S. § 5242.) § 9835. Use of title “national”--All banks not Organized and transacting business under the nation- al-currency laws, or under this Title, and all persons or corporations doing the business of bankers, brok- ers, or savings institutions, except savings-banks au- thorized by Congress to use the word “national” as a part of their corporate name, are prohibited from using the word “national” as a portion of the name or title of such bank, corporation, firm, Or partner- ship ; and any violation of this prohibition committed after the third day of September, eighteen hundred and seventy-three shall subject the party Chargeable therewith to a penalty of fifty dollars for each day § which it is committed or repeated. (R. S. § 3. TITLE LXII A–FED Sec. . 9835a. Loan Board. - DEFINITIONS 9835aa. “First mortgage” and “farm loan bonds.” FEDERAL FARM LOAN BOARD (1) Federal Farm Loan Bureau; supervision by Fed- eral Farm Loan Board. (2) Federal Farm Loan Board; members; appointment; salaries; traveling expenses. (3) Same; terms of office ; oath; Farm Loan Com- missioner. - (4) Same; first meeting. (5) Same; stitutions prohibited. (6) Same; filling vacancies. (7) Farm loan registrars, land bank examiners; (8) Salaries payable by United States; land bank appraisers. - (9) Attorneys, experts, and other employés; ment; salaries and fees. (10) Semiannual statements of federal land banks of salaries paid officers and employés. (11) Annual report of Federal Farm Loan Board. (12) Examinations and reports of condition of federal land banks; appraisals of farm land; amortiza- tion tables. - (13) Statements of condition of Inational farm loan as- sociations and federal land banks. (14) Bulletins and circulars. FEDERAL LAND BANKS 9835b. land bank appraisers and appointment. compensation of employ- 9835bb. (1) Federal land bank districts; boundaries. .. (2) Establishment of federal land banks; titles of banks; branches. * & (3) Temporary directors; number; qualifications; bonds; president; vice-president, secretary, and treasurer; attorneys. - (4) Contents of organization certificates. (a) Name of bank. - - (b) District of operations, and city of location. (c) Amount of capital stock and number of shares; increase of stock. (d) Purpose of making of certificate ; edgment and recording. (5) Changes in organization certificate. (6) Time of commencement of corporate existence Of federal land banks; powers enumerated. , (a) Corporate seal. (b) Corporate succession. (c) Contracts. (d) Suits by and against. (e) Election of directors or president. (f) By-laws. (g) Incidental powers. (7) Time of election of directors of federal land banks. (8) Directors of federal land banks; number and qual- ifications; local directors and district directors; election and appointment. (9) Local directors; notice to national farm loan as- sociations of elections; lists of candidates by associations. - (10) Same; selection by farm loan associations of names from lists of candidates. . (11) District directors; appointment; acknowl- terms of office. ERAL FARM Short title of act; administration by Federal Farm. holding office or directorship in certain in- - 9835cc. Sec. -- - - - - - - - - - -- - - - - . s (12) Local directors; designation of terms of office; vacancies in board of directors. (13) Qualifications of directors. (14) Expenses of directors; approval by Board of Com- pensation of directors and officers of land banks. CAPITAL STOCK OF FEDERAL LAND BANKS 9835c. (1) Minimum amount; regulation of subscriptions. (2) Division into shares; who may subscribe for. (3) Transfer of stock held by national farm loan as- Sociation.S. - (4) Dividends; voting stock. (5) Subscriptions to stock; subscriptions by United States to make up deficit in required minimum amount. (6) Retirement of original Stock. (7) Proportion held in quick assets. GOVERNMENT DEPOSITARIES Federal land banks and joint stock land banks des- ignated as depositaries and employed as government financial agents; bonds; investment of funds. NATIONAL FARM LOAN ASSOCIATIONS (1) Purposes of organization ; articles of association; 9835d. copies for federal land contents; signature to: banks. • * (2) Directors; secretary-treasurer; president; Vice- president; loan Committee. - (3) Compensation and qualifications of directors. (4) Secretary-treasurer; powers and duties; bond; re- ports. (5) Expenses of secretary-treasurer; payment. (6) Number of incorporators; mode of organization ; number of directors; secretary and treasurer of secretary-treasurer. (7) Articles of association; panying; contents. - (8) Investigation of solvency of applicants for incorpo- ration; grant or refusal of charter. (9) Grant or refusal of charter. - (10) Loans to associations from federal land banks. (11) Loans to members; Subscriptions to stock of land banks; holding Stock as collateral for loan; re- tirement of Stock. - (12) Reduction of capital Stock of federal land banks. CAPITAL STOCK OF NATIONAL FARM LOAN - ASSOCIATIONS (1) Par value of shares. (2) Voting stock. (3) Borrowers only to be members or shareholders of associations; application fºr membership; amount of stock held by borrower; stock held as Col- lateral by association ; retirement of Stock. (4) Increase of Stock. NATIONAL FARM LOAN ASSOCIATIONS–SPECIAL PROVISIONS - (1) Right. of members to loans. (2) Loans by land bank to members of associations to pay for shares; payment. - (3) Commissions on interest payments on loans; amount; deduction from dividends; loans by land banks to associations; rate of interest. (4) Individual liability of shareholders. (5) Admission of new members. report and affidavit accom- 9835cid. 9835e. FEDERAL FARM LOANS (Tit. 62A [Page 1600I Sec. APPRAISAL 9885ee. (1) Appraisal of land offered as security for loan by loan committee; report; approval of loan by di- I’ectorS. - º (2) Report submitted to directors of bank. (3) Reference of applications for loan to appraisers; investigation and report. - (4) Forms. for reports. w (5) Examinations by appraisers as to farm loan bonds and first mortgages. (6) Borrowers as appraisers or members of loan com- Imittees. POWERS OF NATIONAL FARM LOAN ASSOCIATIONS 9885f. Enumerated powers. - (a) Indorsing mortgages. (b) Receiving advances from banks and loaning to Shareholders. (c) Acquiring and disposing of property. (d) Issuing interest bearing certificates against de- posits of current funds. . RESTRICTIONS ON LOANs BASED ON FIRST MORTGAGEs 9835ff. (1) Restrictions enumerated. (a) Security by first mortgage. (b) Agreement in mortgage for repayment on amortization plan. (C) Maximum interest rate. (d) Purposes of loans enumerated. (e) Limitation on amount of loans; praisal ; reappraisal. (f) Persons to whom loans may be made; mortgaged lands; death of mortgagor. basis of ap- (g) Maximum of loans to one borrower; mini- mum of loans. - (h) Form of applications for loans. (i) Simple interest on defaulted payments; pay- ment of taxes and liens; insurance. (j) Agreement by borrowers as to use of loans. (k) Loans not invalidated by unauthorized acts by banks or associations. (2) Loans, to be current funds or farm loan bonds. POWERS OF FEDERAL LAND BANKS 9835g. Enumerated powers. . . . - (a) Issuing and selling farm loan bonds. (b) Investing funds in farm first mortgages. (c) Receiving and depositing with farm loan registrar farm first mortgages" as collateral security for farm loan bonds; collecting dues and interest, etc., payable. - (d) Acquiring and disposing of property. - (e) Depositing securities and funds with reserve banks. (f) Feceiving deposits from associations. (g) F3Orrowing money. (h) Buying and selling United States bonds. (i) Charging fees for loans. RESTRICTIONS ON FEDERAL LAND BANKS 983.5gg. Enumeration of restrictions. (a) Transacting banking business unauthorized by aCt. (b) Loaning on first mortgages except through as- Sociations. (c) Accepting other than first mortgages. (d) Issuing excess of bonds; receiving excess of ad- ditional mortgages from associations. (e) Demanding unauthorized commissions. AGENTS OF FEDERAL LAND BANKs (1) Loans through; when authorized. (2) Same; manner of making. (3) Who may be employed as. (4) Expenses of and commissions to. (5) Expenses of added to loans. (6) Collecting interest and payments. (7) Indorsement of loans ; liability thereon. (8) When loans through to cease. JOINT STOCK LAND BANKS 9835hh.. (1) Power to organize; manner of organization; num- ber of directors. (2) Individual liability of shareholders. (3) Powers, duties, and liabilities; stock. (4) Limitation on amount of issue of bonds; transact- ing banking business. - (5) Subscribed capital stock required. (6) Issuing bonds before payment of stock. (7) Form of bonds. - (8) Interest rates; restrictions on mortgage loans. (9) Same; increase. (10) Unauthorized commissions or charges. (11) Bonds; power to issue; form and contents. POWERS OF FEDERAL FARM LOAN BOARD Enumeration. (a) Organizing and chartering banks and loan asso- ciations; authorizing increase of stock. (b) Reviewing and altering interest rates. (c) Granting or refusing authority to issue bonds. (d) Mºs rules and regulations as to charges on ^{\ |\ S. (e) Requiring reports and banks and associations. 9835 h. 9835i. Statements; examining Sale of 9835T. Sec. (f) Pºins form and terms of bonds and surety OrłC S. (g) Regulating payments between banks. - (h) Suspending Or removal of directors, registrars, º appraisers and examiners. (i) Exercising Supervisory authority over banks. (j) Incidental powers. - APPLICATIONS FOR FARM LOAN BONDS 9835ii. (1) Through farm loan registrar; collateral security; schedule. * (2) Investigation and appraisal of securities tendered by Board. • (3) Transmission of decisions of Board to land bank and farm loan registrar; information by regis- trar to Board. (4) Approval in writing of issue of bonds. ISSUE OF FARM LOAN BONDS 9835.j. (1) Duties of registrars. - (2) cºeral Security; return on rejection of applica- 1OIR. - (3) Same; disposition on approval of application. (4) Same; mortgages acceptable as. (5) Same; limiting amount of issue to; United States bonds or cash in lieu of mortgages withdrawn. (6) Same; additional collateral. FORM OF FARM LOAN BONDs 9835k. (1) Denominations; minimum and maximum periods; interest coupons; rate of interest. (2) Rules and regulations as to payment. (3) Delivery to banks. (4) Preparation; custody of plates and dies ; expenses of preparation; exchange for registered bonds; re- exchange for coupons. SPECIAL PROVISIONS OF FARM LOAN BONDS 9835l. (1) Banks bound by acts of officers and Board in issue. (2) Liability of banks. (3) Same; record on minutes. - (4) Signing and attesting; certificate to. APPLICATION OF AMORTIZATION AND INTEREST PAYMENTS 9835m. (1) Notice to registrars of; payments on collateral se- curity for bonds; crediting payments; cancella- tion of mortgages. (2) Withdrawal of collateral and substitution of other security therefor. - - (3) Place and mode of payment of bonds or interest; cancellation on payment. (4) wºval of collateral security on Surrender of Onds. (5) Interest payments on hypothecated first mortgages. (6) Talee value of bonds or interest coupons to holders. (7) Payments §n principal of first mortgages as trust fund. (I) Application of fund in cases of land banks. (a) Payment of bonds at maturity. (b) Purchase of farm loan bonds. (c) Loans on first mortgages. - (d) Purchase of United States bonds. (II) Application of fund in case of joint stock land banks. (a) Payment of bonds at maturity. (b) Purchase of farm loan bonds. (c) Loans on first mortgages. (d) Purchase of United States bonds. (8) Same; deposit of fund with registrars as substi- tuted collateral security. (9) Notice to registrars of disposition of payments on principal of mortgages. - RESERVES AND DIVIDENDS OF LAND BANKS 9835n. (1) Reserves; amount; making good impairment; debit to reserve account. (2) Dividends on balance of net earnings; of reserves. RESERVE AND DIVIDENDS OF NATIONAL FARM LOAN investment ASSOCIATIONS 9835o. (1) Reserves; amount. - Same; making good impairment. (3) Dividends on balance of net earnings. (4) Reserves; investment. (5) Same; disposition on liquidation. DEFAULTED LOANS 9835p. Notice to associations or agents of default; making good. EXEMPTION FROM TAXATION 9835g. (1) Federal, state, municipal and local taxation; ex- ceptions; first mortgages and bonds as instru- mentalities of government. (2) Shares in joint stock banks included in valuation of personalty for state taxation. (3) Real property subject to taxation. INVESTMENT IN FARM LOAN BONDS (1) Fiduciary and trust funds; security for public de- posits. Tit. 62A) FEDERAL FARM LOANS ź 9835b (8) [Page 1601] Sec. - (2) Buying and selling by member banks of Federal Re- Serve System. (3) Buying and selling by reserve banks. , EXAMINATIONS 9835s. (1) Bank examiners; number; appointment. (2) Same; powers; duties, liabilities, and penalties; examinations; reports of. (3) Same; salaries. DISSOLUTION AND APIPOINTMENT OF RECEIVERS 9835t. (1) Insolvency of associations; what constitutes; re- Ceivers; powers and duties. (2) sº receivers ; payments to Treasurer of United tates. (3) Insolvency of banks; receivers; powers and duties. (4) Insolvency of associations; cancellation of Stock held in banks; application of payments on Stock to payment of debts; reduction of stock of banks; Certificate of. * (5) Voluntary liquidation; consent of Board; consoli- dation of associations. STATE LEGISLATION 9835u. (1) Examination of state laws as to conveying and re- cording titles, mortgage foreclosures, and exemp- tions. (2) First mortgages as basis of issue of bonds; assist- ance in examinations. e - (3) Statements as to compliance with board’s require- ments under State laws. PENALTIES 9835v. (1) False statements in applications for loans; . Willful overvaluation of land; acceptance of loan or ... gratuity by examiners. e (2) Falsely making, forging or counterfeiting bonds ºr coupons; passing false bonds or coupons; falsely altering. - * (3) Charging receiving unauthorized fee or commission; disclosing names of borrowerS. (4) Fraud and embezzlement. (5) False pretenses as to character of bonds or coupons. (6) Arrest of violators of act. - GOVERNMENT DEPOSITS 9835w. Deposits for temporary use With banks; certificates therefor; redemption; aggregate of deposits; pur- chase of bonds by Secretary of Treasury; amount; repurchase by bank; temporary organizations of banks continued. oRGANIZATION EXPENSEs 9835x. Appropriation for expenses. LIMITATION OF COURT DECISIONS 9835y. Effect of partial invalidity of Act. REPEALING CLAUSE 98852. Acts repealed; time of taking effect of act; amend- ment. § 9835a. Short title of act; administration by Federal Farm Loan Board–The Short title Of this Act shall be “The Federal Farm Loan Act.” Its administration shall be under the direction and Con- trol of the Federal Farm Loan Board hereinafter created. (July 17, 1916, c. 245, § 1, 39 Stat. 360.) DEFINITIONS § 9835aa. “First mortgage” and “farm loan bonds”—wherever the term “first mortgage” is used in this Act it shall be held to include such classes of first liens on farm lands as shall be approved by the Federal Farm Loan Board, and the Credit instru- ments secured thereby. The term “farm loan bonds” shall be held to include all bonds Secured by Collateral deposited with a farm loan registrar under the terms of this Act; they shall be distinguished by the addi- tion of the words “Federal,” or “joint stock,” as the case may be. (July 17, 1916, c. 245, § 2, 39 Stat. 360.) FEDERAL FARM LOAN BOARD § 9835 b. (1) Federal Farm Loan Bureau; supervision by Federal Farra Loan &oard-There shall be established at the seat of government in the Department of the Treasury a bureau charged with the execution of this Act and of all Acts amendatory thereof, to be known as the Federal Farm Loan Bu- reau, under the general Supervision of a Federal Farm Loan Board. (2) Federal Farm Loan Płoard; members; ap- pointment; salaries; traveling expenses—Said CoMP.ST.’18—101 | Federal Farm Loan Board shall consist of five mem- bers, including the Secretary of the Treasury, who Shall be a member and chairman ex officio, and four members to be appointed by the President of the United States, by and with the advice and consent of the Senate. Of the four members to be appointed by the President, not more than two shall be appointed from One political party, and all four of said members Shall be Citizens of the United States and shall devote their entire time to the business of the Federal Farm Loan Board; they shall receive an annual salary of $10,000 payable monthly, together with actual neces- Sary traveling expenses. (3) Same; terms of office; oath; Farm Loan Commissioner–One of the members to be appointed by the President shall be designated by him to serve for two years, one for four years, one for six years, and One for eight years, and thereafter each mem- ber SO appointed shall serve for a term of eight years, unless SOOner removed for cause by the President. One of the members shall be designated by the Presi- dent as the Farm Loan Commissioner, who shall be the active executive officer of Said board. Each mem- ber of the Federal Farm Loan Board shall within fifteen days after notice of his appointment take and Subscribe to the Oath of Office. (4) Same; first meeting—The first meeting Of the Federal Farm Loan Board shall be held in Wash- ington as soon as may be after the passage of this Act, at a date and place to be fixed by the Secretary of the Treasury. (5) Same; holding office or directorship in certain institutions prohibited—No member of the Federal Farm Loan Board shall, during his con- tinuance in Office, be an Officer or director of any oth- ed institution, association, or partnership engaged in banking, Or in the business of making land mortgage loans Or Selling land mortgages. Before entering upon his duties as a member of the Federal Farm Loan Board each member shall certify under oath to the President that he is eligible under this section. (6) Same; filling vacancies—The President shall have the power, by and with the advice and Consent of the Senate, to fill any vacancy occurring in the membership of the Federal Farm Loan Board ; if such vacancy shall be filled during the recess of the Senate a Commission shall be granted Which shall expire at the end of the next session. (7) Farm loan registrars, land bank apprais- ers and land bank examiners; appointment—The Federal Farm Loan Board shall appoint a farm loan registrar in each land bank district to receive appli- cations for issues of farm loan bonds and to perform such other services as are prescribed by this Act. It shall also appoint One or more land bank appraisers for each land bank district and as many land bank examiners as it shall deem necessary. Farm loan registrars, land bank appraisers, and land bank ex- aminers appointed under this section shall be pub- lic officials and shall, during their continuance in of- fice, have no connection with or interest in any other institution, association, or partnership engaged in banking or in the business of making land mortgage loans or selling land mortgages: Provided, That this limitation shall not apply to persons employed by the board temporarily to do special work. (8) Salaries payable by United States; com- pensation of land bank appraisers—The Salaries and expenses of the Federal Farm Loan Board, and Of farm loan registrars and examiners authorized under this section, shall be paid by the United States. Land bank appraisers shall receive such Compensation as the Federal Farm Loan Board Shall fix, and Shall be paid by the Federal land banks and the joint stock land banks which they serve, in such proportion and in such manner as the Federal Farm Loan Board Shall Order. - - $ 9835b (9) (Tit. 62A FEDERAL FARM LOANS [Page 16021 (9) Attorneys, experts and other employés; employment; salaries and fees—The Federal Farm Loan Board shall be authorized and empowered to employ such attorneys, experts, assistants, clerks, laborers, and Other employees as it may deem neces- Sary to COnduct the busineSS Of Said board. All Sala- ries and fees authorized in this section and not oth- erwise provided for shall be fixed in advance by said board and shall be paid in the same manner as the Salaries Of the Federal Farm Loan Board. All Such attorneys, experts, assistants, Clerks, laborers, and Other employees, and all registrars, examiners, and appraisers shall be appointed without regard to the provisions of the Act of January sixteenth, eighteen hundred and eighty-three (volume twenty-two, United States Statutes at Large, page four hundred and three), and amendments thereto, or any rule or regu- lation made in pursuance thereof: Provided, That nothing herein shall prevent the President from plac- ing said employees in the classified service. See §§ 3271–3282. (10) Semiannual statements of federal land Tbanks of salaries paid officers and employés— Every Federal land bank shall semiannually submit to the Federal Farm Loan Board a schedule showing the Salaries Or rates of Compensation paid to its Of- ficers and employees. (11) Annual report of Federal Farm Loan Board—The Federal Farm Loan Board shall annual- ly make a full report of its Operations to the Speaker of the House of Representatives, who shall cause the Same to be printed for the information of the Con- greSS. (12) Examinations and reports of condition. of federal land bank; appraisals of farm land; amortization tables—The Federal Farm Loan Board Shall from time to time require examinations and reports Of Condition. Of all land banks established un- der the provisions of this Act and shall publish con- Solidated statements of the results thereof. It shall CauSe to be made appraisals of farm lands as provided by this Act, and shall prepare and publish amortization tables which shall be used by national farm loan as- Sociations and land banks organized under this Act. (13) Statements of eondition of national farm loan associations and federal land banks— The Federal Farm Loan Board shall prescribe a form for the statement of condition of national farm loan associations and land banks under its supervi- Sion, which shall be filled out quarterly by each such aSSOCiation or bank and transmitted to said board. (14) Bulletins and circulars—It shall be the duty of the Federal Farm Loan Board to prepare from time to time bulletins setting forth the principal features of this Act and through the Department of Agriculture or otherwise to distribute the same, par- ticularly to the press, to agricultural journals, and to farmers’ Organizations; to prepare and distribute in the same manner circulars setting forth the prin- Ciples and advantages of amortized farm loans and the protection afforded debtors under this Act, in- Structing farmers how to organize and conduct farm loan associations, and advising investors of the mer- its and advantages of farm loan bonds; and to dis- Seminate in its discretion information for the further instruction of farmers regarding the methods and principles of cooperative credit and organization. Said board is hereby authorized to use a reasonable portion of the organization fund provided in section thirty-three of this Act for the objects specified in this paragraph, and is instructed to lay before the Congress at each session its recommendations for fur- ther appropriations to carry out said objects. (July 17, 1916, c. 245, § 3, 39 Stat. 360.) FEDERAL LAND BANES § 9835bb. (1) Federal land bank districts; boundaries—As soon as practicable the Federal Farm Loan Board Shall divide the continental United States, excluding Alaska, into twelve districts, which shall be known as Federal land bank districts, and may be designated by number. Said districts Shall be apportioned with due regard to the farm loan needs of the country, but no such district shall Con- tain a fractional part of any State. The boundaries, thereof may be readjusted from time to time in the discretion of Said board. (2) Establishment of federal land banks; ti- tles of banks; branches—The Federal Farm Loan Board shall establish in each Federal land bank dis- trict a Federal land bank, with its principal office located in such city within the district as said board shall designate. Each Federal land bank shall in- clude in its title the name of the city in which it is located. Subject to the approval of the Federal Farm Loan Board, any Federal land bank may establish branches within the land bank district. (3) Temporary directors; number; qualifica- tions; borlds; president, vice-president, secre- tary, and treasurer; attorneys—Each Federal land bank shall be temporarily managed by five directors appointed by the Federal Farm Loan Board. Said directors shall be citizens Of the United States and residents of the district. They shall each give a Surety bond, the premium on which shall be paid from the funds of the bank. They shall receive such COmpensation as the Federal Farm Loan Board shall fix. They shall choose from their number, by ma- jority vote, a president, a vice president, a secretary and a treasurer. They are further authorized and empowered to employ such attorneys, experts, assist- ants, clerks, laborers, and other employees as they may deem necessary, and to fix their compensation, Subject to the approval Of the Federal IFarm. Ioan BOard. (4) Contents of organization certificates—Said temporary directors shall, under their hands, forthwith make an organization certificate, which shall specifi- Cally state: * (a) Name of bank—First. The name assumed by Such bank. - (b) District of operations, and city of location —Second. The district within which its operations are to be carried on, and the particular city in which its principal Office is to be located. (c) Amount of capital stock and number of shares; increase of stock—Third. The amount of Capital Stock and the number of shares into which the same is to be divided: Provided, That every Fed- eral land bank Organized under this Act shall by its articles Of association permit an increase of its Capital stock from time to time for the purpose of pro- viding for the issue of shares to national farm loan associations and stockholders who may secure loans through agents of Federal land banks in accordance with the provisions of this Act. (d) Purpose of making of certificate; acknowl- edgment and recording—Fourth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of this Act. The Organ- ization certificate shall be acknowledged before a judge or clerk of some court of record or notary pub- lic, and shall be, together with the acknowledgment thereof, authenticated by the seal of such court or no- tary, transmitted to the Farm Loan Commissioner, who shall record and carefully preserve the Same in his office, where it shall be at all times open to public inspection. - (5) Changes in organization certificate—The Federal Farm. Loan BOard is authorized to direct Such changes in or additions to any such organization cer- tificate, not inconsistent With this Act, as it may deem necessary or expedient. (6) Time of commencement of corporate exist- ence of federal land banks; powers enumerated- Upon duly making and filing such organization certifi- cate the bank shall become, as from the date of the execution of its organization certificate, a body COr- Tit. 62A) & 9835c (4) FEDERAL FARM LOANS [Page 1603] porate, and as such, and in the name designated in the organization certificate, it shall have power— (a) Corporate seal—First. To adopt and use a cor- pOrate Seal. (b) Corporate succession—Second. To have Suc- Cession until it is dissolved by Act of Congress or un- der the provisions of this Act. - - - (c) Contracts—Third. To make contracts. (d) Suits by and against—Fourth. To sue and be sued, complain, interplead, and defend, in any court of law or equity, as fully as natural persons. (e) Election of directors or president—Fifth. To elect or appoint directors, and by its board of di- rectors to elect a president and a vice president, ap- point a secretary and a treasurer and other officers and employees, define their duties, require bonds of them, and fix the penalty thereof; by action of its board Of directors dismiss Such officers and employees, Or any of them, at pleasure and appoint others to fill their places. (f) By-laws—Sixth. To prescribe, by its board of directors, subject to the Supervision and regulation of the Federal Farm Loan Board, by-laws not inconsist- ent with law, regulating the manner in which its stock shall be transferred, its directors elected, its of ficers elected or appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed. -- (g) Incidental powers—Seventh. To exercise, by its board of directors or duly authorized officers or agents, Subject to law, all such incidental powers as shall be necessary to carry on the business herein de- Scribed. - - (7) Time of election of directors of federal land banks—After the subscriptions to stock in any Federal land bank by national farm loan associations, hereinafter authorized, shall have reached the sum of $100,000, the Officers and directors of said land bank shall be chosen as herein provided and Shall, upon be- coming duly qualified, take over the management of Said land bank from the temporary Officers selected under this section. - (8) Directors of federal land banks; number and qualifications; local directors and district directors; election and appointment—The board of directors of every Federal land bank shall be se- lected as hereinafter Specified and shall Consist Of nine members, each holding office for three years. Six of Said directors shall be known as local directors, and shall be chosen by and be representative of na- tional farm loan associations; and the remaining three directors Shall be known as district directors, and shall be appointed by the Federal Farm Loan Board and represent the public interest. (9) Local directors; notice to national farm loan associations of elections; list of candidates loy associations—At least two months before each election the Farm Loan Commissioner shall notify each national farm loan association in writing that Such election is to be held, giving the number of di- rectors to be elected for its district, and requesting each association to nominate One Candidate for each director to be elected. Within ten days Of the receipt Of Such notice each association shall forward its nom- inations to said Farm Loan Commissioner. Said Com- missioner shall prepare a list of candidates for local directors consisting of the twenty persons securing the highest number of votes from national farm loan associations making such nominations. (10) Same; selection by farm loan associations of names from lists of candidates–At least One mónth before said election said Farm Loan Commis- Sioner shall mail to each national farm loan associa- tion the list of Candidates. The directors of each national farm loan association shall cast the vote of said association for as many candidates on said list as there are Vacancies to be filled, and shall forward said vote to the Farm Loan Commissioner within ten days after said list Of Candidates is received by them. The Candidates receiving the highest number of votes Shall be elected as local directors. In case of a tie the Farm Loan Commissioner shall determine the choice. (11) District directors; appointment; terms of office—The Federal Farm Loan Board shall des- ignate One of the district directors to serve for three years and to act as Chairman of the board of direc- tors. It shall designate one of said directors to serve for a term of two years and one to serve for a term of one year. After the first appointments each district director shall be appointed for a term of three years. - (12) Local directors; designation of terms of office; vacancies in board of directors—At the first regular meeting Of the board of directors of each Federal land bank it shall be the duty of the local directors to designate two of the local directors whose term of office shall expire in one year from the date Of such meeting, two whose term of office shall expire in two years from said date, and two whose term of Office shall expire in three years from said date. Thereafter every local director of a Federal land bank Chosen as hereinbefore provided shall hold office for a term Of three years. Vacancies that may occur in the board of directors shall be filled for the unexpired term in the manner provided for the original selec- tion. Of Such directors. (13) Qualifications of directors—Directors of Federal land banks shall have been for at least two years residents of the district for which they are ap- pointed or elected, and at least one district director Shall be experienced in practical farming and actually engaged at the time of his appointment in farming Operations within the district. No director of a Fed- eral land bank shall, during his continuance in office, act as an Officer, director, Or employee Of any Other institution, association, Or partnership engaged in banking or in the business of making or selling land In Ortgage loans. - w - (14) Expenses of directors; approval by Board of compensation of directors and officers of land Thanks—Directors of Federal land banks shall receive, in addition to any compensation. Otherwise provided, a reasonable allowance for necessary expenses in at- tending meetings of their respective boards, to be paid by the respective Federal land banks. Any com- pensation that may be provided by boards of direc- tors of Federal land banks for directors, officers, or employees shall be subject to the approval of the Federal Farm Loan Board. (July 17, 1916, c. 245, § 4, 39 Stat. 362.) - CAPITAL STOCK OF FEDERAL LAND BANES § 9835c. (1) Minimum amount; regulation of subscriptions—Every Federal land bank shall have, before beginning business, a subscribed capital of not less than $750,000. The Federal Farm Loan Board is authorized to prescribe the times and conditions Of the payment Of Subscriptions to capital stock, to reject any SubSCription in its discretion, and to re- quire subscribers to furnish adequate Security fo the payment thereof. * , (2) Division into shares; who may subscribe for—The capital stock of each Federal land bank. shall be divided into shares of $5 each, and may be subscribed for and held by any individual, firm, or Corporation, or by the Government of any State or of the United States. (3) Transfer of stock held by national farm loan associations—Stock held by national farm loan associations shall not be transferred or hypothecat. ed, and the certificates therefor shall SO state. (4) Dividends; voting stock—Stock owned by the Government Of the United States in Federal land banks shall receive no dividends, but all other Stock shall share in dividend distributions without prefer- ence. Each national farm loan association and the Government Of the United States shall be entitled to One Vote for each share of stock held by it in de). & 9835e (5) (Tit. 62A FEDERAL FARM LOANS IPage 1604I ciding all questions at meetings of shareholders, and no other shareholder shall be permitted to vote. Stock owned by the United States shall be voted by the Farm I.Oan Commissioner, as directed by the Federal Farm LOan BOard. (5) Subscriptions to stock; subscriptions by United States to make up deficit in required min- imum amount—It shall be the duty of the Federal Farm Loan Board, as Soon as practicable after the passage Of this Act, to Open books of Subscription for the capital stock of a Federal land bank in each Fed- eral land bank district. If within thirty days after the Opening Of said books any part of the minimum capitalization of $750,000 herein prescribed for Fed- eral land banks shall remain unsubscribed, it shall be the duty of the Secretary Of the Treasury to sub- scribe the balance thereof on behalf of the United States, said subscription to be subject to call in whole Or in part by the board of directors of said land bank upon thirty days' notice with the approval of the Federal Farm Loan Board; and the Secretary Of the Treasury is hereby authorized and directed to take out shares corresponding to the unsubscribed balance as called, and to pay for the same Out of any moneys in the Treasury not Otherwise appropriated. Thereafter no stock shall be issued except as here- in after provided. - - (6) Retirement of original stock—After the Sub- Scriptions to Capital stock by national farm loan as- sociations shall amount to $750,000 in any Federal land bank, said bank shall apply semiannually to the payment and retirement of the shares of stock which were issued to represent the Subscriptions to the Original capital twenty-five per centum of all sums thereafter subscribed to capital stock until all such Original capital stock is retired at par. (7) Proportion held in quick assets—At least twenty-five per centum of that part of the capital of any Federal land bank for which stock is out- standing in the name of national farm loan associa- tions shall be held in quick assets, and may consist of cash in the vaults of said land bank, or in de- posits in member banks of the Federal reserve Sys- tem, or in readily marketable securities which are approved under rules and regulations Of the Federal Farm Loan Board: Provided, That not less than five per centum Of such capital shall be invested in Unit- ed States Government bonds. (July 17, 1916, c. 245, § 5, 39 Stat. 364.) GOVERNMENT DEPOSITARIES § 9835 ce. Federal land banks and joint stock land banks designated as depositaries and em- ployed as government financial agents; bomds; investment of funds—All Federal land banks and joint stock land banks Organized under this Act, When designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs, under such regulations as may be prescribed by said Secretary; and they may also be employed as financial agents of the GOV- ernment; and they shall perform all such reasonable duties, as depositaries of public money and financial agents of the Government, as may be required Of them. And the Secretary of the Treasury shall require of the Federal land banks and joint stock land banks thus designated satisfactory security, by the deposit of United States bonds or otherwise, for the safe- keeping and prompt payment of the public money de- posited with them, and for the faithful performance of their duties as financial agents of the Govern- ment. No Government funds deposited under the pro- visions of this section shall be invested in mortgage loans or farm loan bonds. (July 17, 1916, c. 245, § 6, 39 Stat. 365.) . NATIONAL FARM LOAN ASSOCIATIONS § 9835d. (1) Purposes of organization; ar- ticles of association; contents; signature to; | copies for federal land banks—Corporations, to be known as national farm loan associations, may be Organized by persons desiring to borrow money On farm mortgage Security under the terms of this Act. Such persons shall enter into articles of association which shall specify in general terms the object for which the association is formed and the territory within which its Operations are to be carried On, and which may Contain any other provision, not in- ČOnsistent With law, which the aSSOCiation may See fit to adopt for the regulation of its business and the Conduct Of its affairs. Said articles shall be signed by the perSons uniting to form the association, and a copy thereof shall be forwarded to the Federal land bank for the district, to be filed and preserved in its Office. (2) Directors; secretary-treasurer; president; vice-president; loan committee—Every national farm loan association shall elect, in the manner pre- Scribed for the election of directors of national bank- ing associations, a board of not less than five direc- tors, who shall hold office for the same period as di- rectors of national banking associations. It shall be the duty of said board of directors to choose in Such manner as they may prefer a secretary-treasurer, Who Shall receive Such compensation as said board Of directors shall determine. The board of directors shall elect a president, a vice president, and a loan COmmittee of three members. (3) Compensation and qualifications of direc- tors--The directors and all officers except the secre- tary-treasurer shall serve without compensation, un- less the payment of salaries to them shall be approv- ed by the Federal Farm Loan Board. All officers and directors except the Secretary-treasurer shall, during their term of Office, be bona fide residents of the territory within which the association is author- ized to do business, and shall be shareholders of the aSSOciation. • (4) Secretary-treasurer; powers and duties; bond; reports—It shall be the duty of the secretary- treasurer of every national farm loan association to act as Custodian Of its funds and to deposit the same in such bank as the board of directors may desig- Inate, to pay Over to borrowers all Sums received for their account from the Federal land bank upon first mortgage as in this Act prescribed, and to meet all other obligations of the association, subject to the Orders Of the board Of directors and in a CCOrdance With the by-laws Of the association. It shall be the duty Of the secretary-treasurer, acting under the di- rection of the national farm loan association, to Col- lect, receipt for, and transmit to the Federal land bank payments of interest, amortization installments, or principal arising out of loans made through the a.SSOCiation. He Shall be the Custodian Of the Se- curities, records, papers, certificates of stock, and all documents relating to or bearing upon the conduct Of the affairs Of the association. He shall furnish a suitable surety bond to be prescribed and approved by the Federal Farm Loan Board for the proper per- formance of the duties imposed upon him under this Act, which shall cover prompt collection and trans- mission of funds. He shall make a quarterly report to the Federal Farm Loan Board upon forms to be provided for that purpose. Upon request from said board said secretary-treasurer shall furnish informa- tion regarding the condition of the national farm loan association for which he is acting, and he shall carry out all duly authorized Orders of said board. He shall assure himself from time to time that the loans made through the national farm loan associa- tion. Of which he is an Officer are applied to the pur- poses set forth in the application of the borrower as approved, and shall forthwith report to the land bank of the district any failure of any borrower to comply with the terms of his application or mort- gage. He shall also ascertain and report to said bank the amount of any delinquent taxes On land Tit. 62A) 3 9835dd (4) FEDERAL FARM LOANS IPage 16051 mortgaged to said bank and the name of the delin- Quent. - (5) Expenses of secretary-treasurer; payment —The reasonable expenses Of the Secretary-treasurer, the loan committee, and other officers and agents of national farm loan associations, and the Salary Of the secretary-treasurer, shall be paid from the gen- eral funds Of the association, and the board Of di- rectors is authorized to set aside such sums as it shall deem requisite for that purpose and for Other expenses of said association. When no such funds are available, the board of directors may levy an assessment On members in proportion to the amount Of Stock held by each, Which may be repaid as SOOn as funds are available, Or it may secure an advance from the Federal land bank of the district, to be repaid with interest at the rate of six per centum per annum, from dividends belonging to said associa- tion. Said Federal land bank is hereby authorized to make Such advance and to deduct such repayment. (6) Number of incorporators; mode of organi- zation; number of directors; secretary and treas- urer or secretary-treasurer–Ten or more natural perSOnS Who are the OWners, Or about to become the Owners, of farm land qualified as security for a mort- gage loan under section twelve of this Act, may unite. to form a national farm loan association. They Shall Organize Subject to the requirements and the conditions specified in this section and in section four of this Act, So far as the same may be applicable: Provided, That the board of directors may consist of five members only, and instead of a secretary and a treasurer there shall be a secretary-treasurer, who need not be a shareholder of the association. (7) Articles of association; report and affida- vit accompanying; contents—When the articles of association are forwarded to the Federal land bank Of the district as provided in this section, they shall be accompanied by the written report of the loan Committee as required in section ten of this Act, and by an affidavit stating that each of the subscribers is the owner, or is about to become the owner, of farm land qualified under section twelve of this Act as the basis of a mortgage loan; that the loan desired by each person is not more than $10,000, nor less than $100, and that the aggregate of the desired loans is not less than $20,000; that said affidavit is aCCOmpanied by a Subscription to stock in the Fed- eral land bank equal to five per centum of the ag- gregate Sum desired on mortgage loans; and that a temporary Organization of said association has been formed by the election of a board of directors, a loan Committee, and a secretary-treasurer who subscribes to Said affidavit, giving his residence and post Office address. (8) Investigation of solvency of applicants for incorporation; grant or refusal of charter—Upon receipt of Such articles of association, with the ac- COmpanying affidavit and stock subscription, the di- rectors Of Said Federal land bank shall send an ap- praiser to investigate the solvency and character Of the applicants and the value of their lands, and Shall then determine whether in their judgment a - Charter Should be granted to such association. They Shall for Ward Such articles of association and the aCCOmpanying affidavit to the Federal Farm Loan Board With their recommendation. If said recom- mendation is unfavorable, the charter shall be re- fused. (9) Grant or refusal of charter—If said recom- mendation is favorable, the Federal Farm Loan Board shall thereupon grant a charter to the appli- Cants therefor, designating the territory in which Such association may make loans, and shall forward Said charter to said applicants through said Federal land bank: Provided, That said Federal Farm Loan Board may for good cause shown in any case refuse to grant a charter. (10) Loans to associations from federal land banks—Upon receipt of its charter such national farm loan association shall be authorized and empowered to receive from the Federal land bank of the district Sums to be loaned to its members under the terms and Conditions Of this Act. (11) Loans to members; subscriptions to stock of iand banks; holding stock as collateral for loan; retirement of stock—Whenever any national farm loan association Shall desire to Secure for any member a loan on first mortgage from the Federal land bank of its district it shall subscribe for Capi- tal. Stock of said land bank to the amount Of five per centum of such loan, such subscription to be paid in cash upon the granting of the loan by said land bank. Such capital stock shall be held by said land bank as COllateral Security for the payment of Said loan, but said association shall be paid any dividends a C- Cruing and payable On said Capital stock While it is Outstanding. Such Stock may, in the discretion of the directors, and with the approval of the Fed- eral Farm Loan Board, be paid Off at par and re- tired, and it shall be so paid off and retired upon full payment Of the mortgage loan. In such Case the national farm, loan association shall pay Off at par and retire the corresponding shares of its stock which were issued when said land bank stock was issued. (12) Reduction of capital stock of federal land banks—The capital stock of a Federal land bank shall not be reduced to an amount less than five per centum of the principal Of the Outstanding farm loan bonds issued by it. (July 17, 1916, c. 245, § 7, 39 Stat. 365.) - CAPITAL STOCK OF NATIONAL FARM LOAN ASSOCIATIONS § 9835dd. (1) Par value of shares—The shares in national farm loan associations shall be of the par value of $5 each. - (2) Voting stock—Every shareholder shall be entitled to One vote On each share of Stock held by him at all elections of directors and in deciding all Questions at meetings of shareholders: Provided, That the maximum number of votes which may be cast by any one shareholder shall be twenty. (3) Borrowers only to be members or share- holders of associations; application for member- ship; amount of stock held by borrower; stock held as collateral by association; retirement of stock—No persons but borrowers On farm land mort- gages shall be members Or shareholders of national farm loan associations. Any person desiring to bor- row on farm land mortgage through a national farm loan association shall make application for mem- bership and shall subscribe for shares of stock in Such farm loan association to an amount, equal to five per Centum Of the face Of the desired loan, Said Sub- Scription to be paid in Cash upon the granting of the loan. If the application for membership is a C- Cepted and the loan is granted, the applicant shall, upon full payment therefor, become the owner of one share Of Capital stock in Said loan association for each $100 Of the face Of his loan, or any major frac- tional part thereof. Said capital stock shall be paid Off at par and retired upon full payment of said loan. Said capital stock shall be held by said association as COllateral Security for the payment Of Said loan, but said borrower shall be paid any dividends ac- cruing and payable On said Capital stock while it is Outstanding. (4) Increase of stock—Every national farm loan association formed under this Act shall by its ar- ticles of association provide for an increase of its capital stock from time to time for the purpose of Securing additional loans for its members and pro- viding for the issue of shares to borrowers in accord- ance with the provisions of this Act. Such increases shall be included in the quarterly reports to the 3 9835e (1) (Tit. 62A FEDERAL FARM LOANS IPage 16061 Federal Farm Loan Board. (July 17, 1916, c. 245, § 8, 39 Stat. 367.) NATIONAL FARM LOAN ASSOCIATIONS.–SPE- CIAL PROVISIONS § 9835e. (1) Right of members to loans—Any person whose application for membership is accepted by a national farm loan association shall be entitled to borrow money on farm land mortgage upon filing his application in accordance with section eight and OtherWise COmplying with the terms of this Act when- eVer the Federal land bank Of the district has funds available for that purpose, unless said land bank or the Federal Farm Loan Board shall, in its discre- tion, Otherwise: determine. (2) Loans by land bank to members of asso- ciations to pay for shares; payment—Any person desiring to Secure a loan through a national farm loan association under the provisions of this Act may, at his Option, borrow from the Federal land bank through Such association the sum necessary to pay for shares of stock subscribed for by him in the national farm Ioan association, such sum to be-made a part of the face of the loan and paid off in amorti- Zation payments: Provided, however, That Such ad- dition to the loan shall not be permitted to increase Said loan above the limitation imposed in subsection fifth Of Section twelve. , º - (3) Commissions on interest payments on loans; amount; deduction from dividends; koans by land banks to associations; rate of interest— Subject to rules and regulations prescribed by the Federal Farm Loan Board, any national farm loan association Shall be entitled to retain as a commis- sión from each interest payment on any loan indorsed by it an amount to be determined by said board not to exceed One-eighth. Of One per centum semiannually upon the unpaid principal of said loan, any amounts So retained as Commissions to be deducted from divi- dends payable to Such farm loan association by the Federal land bank, and to make application to the land bank of the district for loans not exceeding in the ag- gregate One-fourth Of its total stock holdings in Said land bank. The Federal land banks shall have power to make such loans to associations applying therefor and to charge interest at a rate not exceeding six per centum per annum. (4) Individual liability of shareholders--Share- holders of every national farm loan association shall be held individually responsible, equally and ratably, and not one for another, for all Contracts, debts, and engagements of such association to the extent of the amount of stock owned by them at the par value there- of, in addition to the amount paid in and represent- ed by their shares. (5) Admission of new members—After a charter has been granted to a national farm loan association, any natural person who is the owner, or about to become the Owner, Of farm land qualified under Sec- tion twelve Of this Act as the basis of a mortgage loan, and who desires to borrow on a mortgage of such farm land, may become a member of the association by a two-thirds vote of the directors upon subscribing for One share of the capital Stock of Such association for each $100 of the face of his proposed loan or any Imajor fractional part thereof. He shall at the same time file with the secretary-treasurer his application for a mortgage loan, giving the particulars required by section twelve of this Act. (July 17, 1916, c. 245, § 9, 39 Stat. 368.) APPRAISAL § 9835ee. (1) Appraisal of land offered as se- curity for loan by loam committee; report; ap- proval of loan by directors—Whenever an applica- tion for a mortgage loan is made to a national farm loan association, it shall be first referred to the loan Committee provided for in Section seven of this Act. Said loan Committee shall examine the land Which | is offered as security for the desired loan and shall make a detailed written report signed by all three members, giving the appraisal of said land as de- termined by them, and such other information as may be required by rules and regulations to be prescribed by the Federal Farm Loan Board. No loan shall be approved by the directors unless said loan Committee agrees upon a favorable report. (2) Report submitted to directors of bank—The Written report of said loan committee shall be sub- mitted to the Federal land bank, together with the application for the loan, and the directors of Said land bank shall examine Said written report When they pass upon the loan application which it acCOm- panies, but they shall not be bound by said appraisal. (3) Reference of applications for loan to ap- praisers; investigation and report—Before any mortgage loan is made by any Federal land bank, Or joint stock land bank, it shall refer the applica- tion and written report of the loan committee to one Or more Of the land bank appraisers appointed under the authority of Section three of this Act, and such ap- praiser or appraisers shall investigate and make a Written report upon the land offered as security for Said loan. No such loan shall be made by said land Joank unless said written report is favorable. (4) Forms for reports—Forms for appraisal re- ports for farm loan associations and land banks shall be prescribed by the Federal Farm Loan Board. (5) Examinations by appraisers as to farm loan bonds and first mortgages—Land bank ap- praisers Shall make such examinations and apprais- als and Conduct such investigations, concerning farm loan bonds and first mortgages, as the Federal Farm LOan Board Shall direct. (6) Borrowers as appraisers or members of loan committees—No borrower under this Act shall be eligible as an appraiser under this section, but bor- roWerS may act as members of a loan Committee in any case where they are not personally interested in the loan under consideration. When any member of a loan committee or of a board of directors is inter- ested, directly Or indirectly, in a loan, a majority of the board of directors of any national farm loan as- Sociation shall appoint a substitute to act in his place in passing upon Such loan. (July 17, 1916, c. 245, § 10, 39 Stat. 369.) POWERS OF NATIONAL FARM LOAN ASSOCIATIONS § 9835f. Enumerated powers—Every national farm loan association shall have power: (a) Indorsing mortgages—First. To indorse, and thereby become liable for the payment of, mortgages taken from its shareholders by the Federal land bank Of its district. (b) Receiving advances from banks and loan- ing to shareholders—Second. To receive from the Eederal land bank of its district funds advanced by Said land bank, and to deliver Said funds to its shareholders On receipt of first mortgages qualified under Section twelve Of this Act. (c) Acquiring and disposing of property—Third. To acquire and dispose of such property, real or per- Sonal, as may be necessary Or convenient for the transaction. Of its busineSS. (d) Issuing interest bearing certificates against deposits of current funds—Fourth. TO is- Sue certificates against deposits Of Current funds bearing interest for not longer than one year at not to exceed four per centum per annum after six days from date, convertible into farm loan bonds when pre- sented at the Federal land bank of the district in the amount of $25 or any multiple thereof. Such de- posits, when received, shall be forthwith transmit- ted to said land bank, and be invested by it in the purchase of farm loan bonds issued by a Federal land bank or in first mortgages as defined by this Act. (July 17, 1916, c. 245, § 11, 39 Stat. 369.) Tit. 62A) # 9835ff (2) FEDERAL FARM LOANS IPage 1607] RESTRICTIONS ON TO ANS BASED ON FIRST MORTGAGES (1) Restrictions enumerated—No § 9835ff. Federal land bank organized under this Act shall. make loans except upon the following terms and COnditions: (a) Security by first mortgage—First. Said loans shall be secured by duly recorded first mortgages On farm land within the land bank district in which the bank is situated. (b) Agreement in mortgage for repayment on amortization plan—Second. Every Such mortgage shall contain an agreement providing for the repay- ment of the loan on an amortization plan by means of a fixed number of annual or semiannual install- ments sufficient to cover, first, a charge on the loan, at a rate not exceeding the interest rate in the last series of farm loan bonds issued by the land bank making the loan; second, a charge for administration and profits at a rate not exceeding One per Centum per annum on the unpaid principal, said two rates combin- ed Constituting the interest rate On the mortgage ; and, third, such amounts to be applied on the principal as will extinguish the debt within an agreed period, not less than five years nor more than forty years: Provided, That after five years from the date upon . —which a loan is made additional payments in sums of $25 or any multiple thereof for the reduction of the principal, or the payment of the entire princi- pal, may be made On any regular installment date under the rules and regulations Of the Federal Farm Loan Board: And provided further, That before the first issue of farm loan bonds by any land bank the interest rate On mortgages may be determined in the discretion of said land bank subject to the pro- visions and limitations Of this Act. (e) Maximum interest rate—Third. No loan on mortgage shall be made under this Act at a rate of interest exceeding six per centum per annum, exclu- sive Of amortization payments. (d) Purposes of loans enumerated—Fourth. Such loans may be made for the following purposes and for no. Other: - (a) To provide for the purchase of land for agri- Cultural uses. (b) To provide for the purchase of equipment, fer- tilizers and live stock necessary for the proper and reasonable Operation of the mortgaged farm; term “equipment” to be defined by the Federal Farm Loan Board. (c) To provide buildings and for the improvement Of farm lands; the term “improvement” to be defined by the Federal Farm Loan Board. (d) To liquidate indebtedness of the owner of the land mortgaged existing at the time of the Organiza- tion of the first national farm loan association estab- lished in Or for the COunty in which the land mort- gaged is situated, or indebtedness Subsequently in- Curred for purposes mentioned in this section. (e) Limitation on amount of loans; basis of appraisal; reappraisal—Fifth. No Such loan shall exceed fifty per centum of the value of the land mortgaged and twenty per Centum of the value of the permanent, insured improvements thereon, said value to be ascertained by appraisal, as provided in section ten of this Act. In making Said appraisal the value of the land for agricultural purposes shall be the basis of appraisal and the earning power of said land shall be a principal factor. A reappraisal may be permitted at any time in the discretion of the Federal land bank, and such addi- tional loan may be granted as Such reappraisal will warrant under the provisions of this paragraph. Whenever the amount Of the loan applied for exceeds the amount that may be loaned under the appraisal as herein limited, such loan may be granted to the the amount permitted under the terms of this paragraph without requiring a new application or appraisal. (f) Persons to whom loans may be made; sale of mortgaged lands; death of mortgagor-Sixth. No such loans shall be made to any person Who is not at the time, or shortly to become, engaged in the Cultivation of the farm mortgaged. In Case Of the Sale Of the mortgaged land, the Federal land bank may permit said mortgage and the stock interests of the vendor to be assumed by the purchaser. In Case Of the death of the mortgagor, his heir Or heirs, or his legal representative Or representatives, shall have the Option, within sixty days Of such death, to as- Sume the mortgage and stock interests Of the de- Ceased. (g) Maximum of loans to one borrower; mini- imum of loans—Seventh. The amount of loans to any One borrower Shall in no Case exceed a maximum Of §º nor shall any loan be for a less Sum than 100. (h) Form of applications for loans—Eighth. EV- ery applicant for a loan under the terms of this Act Shall make application on a form to be prescribed for that purpose by the Federal Farm Loan Board, and Such applicant shall state the objects to which the proceeds Of Said loan are to be applied, and shall afford Such other information as may be required. (i) Simple interest on defaulted payments; payment of taxes and liens; insurance—Ninth. Every borrower shall pay simple interest on defaulted payments at the rate of eight per centum per annum, and by express covenant in his mortgage deed shall undertake to pay when due all taxes, liens, judgments, or assessments which may be lawfully assessed against the land mortgaged. Taxes, liens, judgments, or assessments not paid when due, and paid by the mortgagee, shall become a part of the mortgage debt and shall bear simple interest at the rate of eight per Centum per annum. Every borrower Shall undertake to keep insured to the satisfaction of the Federal Farm ILoan Board all buildings the value of which Was a factor in determining the amount of the loan. Insurance shall be made payable to the mortgagee as its interest may appear at time of loss, and at the Option of the mortgagor and subject to general regu- lations Of the Federal Farm Loan Board, sums so re- Ceived may be used to pay for reconstruction Of the buildings destroyed. (j) Agreement by borrowers as to use of loans- Tenth. Every borrower who shall be granted a loan under the provisions Of this Act shall enter into an agreement, in form and under conditions to be pre- scribed by the Federal Farm Loan Board, that if the whole or any portion of his loan shall be expended for purposes other than those specified in his Original application, or if the borrower shall be in default in respect to any condition or covenant of the mortgage, the whole of said loan shall, at the Option of the mort- gagee, become due and payable forthwith: Provided, That the borrower may use part Of Said loan to pay for his stock in the farm loan association, and the land bank holding such mortgage may permit said loan to be used for any purpose Specified in Subsection fourth of this section. (k) Loans not invalidated by unauthorized acts by banks or associations—Eleventh. That no loan or the mortgage securing the same shall be impaired Or invalidated by reason. Of the exercise Of any power by any Federal land bank or national farm loan asso- Giation in excess of the powers herein granted Or any limitations thereon. (2) Loans to be current funds or farm loan Thonds—Funds transmitted to farm loan associations by Federal land banks to be loaned to its members shall be in current funds, or farm loan bonds, at the option of the borrower. (July 17, 1916, c. 245, § 12, 89 Stat. 370.) 3 9835g (Tit. 62A FEDERAL FARM LOANS {} [Page 1608T POWERS OF FEDERAT, LAND BANKS § 9835g. Enumerated powers—Every Federal land bank shall have power, subject to the limitations and requirements of this Act— (a) Issuing and selling farm loan boxids—First. To issue, subject to the approval of the Federal Farm Loan Board, and to sell farm loan bonds Of the kinds authorized in this Act, to buy the same for its Own account, and to retire the same at Or before maturity. (b) Investing funds in farm first mortgages— Second. To invest such funds as may be in its pos- session in the purchase of qualified first mortgages On farm lands situated within the Federal land bank dis- trict within which it is Organized or for which it is acting. (c) Receiving and depositing with farm. Ioan registrar farm first mortgages as collateral secti- rity for farm loan bonds; collecting dues and in- terest, etc., payable—Third. To receive and to de- posit in trust With the farm loan registrar for the dis- trict, to be by him held as collateral security for farm loan bonds, first mortgages upon farm land qualified under section twelve of this Act, and to empower na- tional farm loan associations, or duly authorized agents, to collect and immediately pay over to said land banks the dues, interest, amortization installments and other sums payable under the terms, conditions, and Covenants of the mortgages and Of the bonds Se- Gured thereby. (d) Acquiring and disposing of property— Fourth. To acquire and dispose of (a) Such property, real or personal, as may be nec- essary Or Convenient for the transaction of its busi- ness, which, however, may be in part leased to Others for revenue purposes. - (b) Parcels of land acquired in satisfaction of debts or purchased at Sales under judgments, decrees, or mortgages held by it. But no such bank shall hold title and possession of any real estate purchased or a C- quired to Secure any debt due to it, for a longer pe— riod than five years, except with the Special approv- al of the Federal Farm Loan Board in writing. (e) Depositing securities and funds with re- serve banks—Fifth. To deposit its securities, and its current funds subject to check, with any member bank of the Federal Reserve System, and to receive interest On the same as may be agreed. (f) Receiving deposits from associations—Sixth. To accept deposits Of Securities Or Of Current fundS from national farm loan associations holding its shares, but to pay no interest. On Such depositS. * (g) Borrowing money—Seventh. To borrow mon- ey, to give security therefor, and to pay interest thereon. (h) Buying and selling United States bonds— Eighth. To buy and sell United States bonds. (i) Charging fees for loans—Ninth. To charge ap- plicants for loans and borrowers, under rules and regulations promulgated by the Federal Farm Loan Board, reasonable fees not exceeding the actual cost of appraisal and determination of title. Legal fees and recording Charges imposed by law in the State Where the land to be mortgaged is located may also be included in the preliminary costs of negotiating mortgage loans. The borrower may pay such fees and Charges Or he may arrange with the Federal land bank making the loan to advance the same, in which Case Said expenses shall be made a part of the face of the loan and paid off in amortization payments. Such addition to the loan shall not be permitted to in- Crease said loan above the limitations provided in see- tion twelve. (July 17, 1916, c. 245, § 13, 39 Stat. 372.) RESTRICTIONS ON FEDERAL LAND BANKS § 9835gg. Enumeration of restrictions—No Federal land bank shall have power— (a) Transacting banking business unauthoriz- ed by act-First. To accept deposits of current funds payable upon demand except from its own stockhold- ers, or to transact any banking or other business not eXDressly authorized by the provisions of this Act. (b) Loaning on first mortgages except through associations—Second. To loan on first mortgage ex- Cºpt through national farm loan associations as pro- Vided in Section seven and section eight of this Act, Or through agents as provided in section fifteen. (e) Accepting other than first Imortgages— Third. To accept any mortgages on real estate eXCept first mortgages created subject to all limitations im- posed by Section twelve of this Act, and those taken as additional security for existing loans. (d) Issuing excess of bonds; receiving excess of additional mortgages from associations—Fourth. TO issue or obligate itself for outstanding farm loan bonds in excess of twenty times the amount of its cap- ital and surplus, or to receive from any national farm loan association additional mortgages when the prin- Cipal remaining unpaid upon mortgages already re- Ceived from such association shall exceed twenty times i. amount of its capital stock owned by such associa- 1OI!. - (e) Demanding unauthorized commissions— Fifth. To demand or receive, under any form or pre- tense, any Commission or charge not specifically au- thorized in this Act. (July 17, 1916, c. 245, § 14, 39 Stat. 372.) AGENTS OF FEDERAL LAND BANKs § 9835 h. (1) Loans through; when authorized —Whenever, after this Act shall have been in effect One year, it Shall appear to the Federal Farm Loan Board that national farm loan associations have not been formed, and are not likely to be formed, in any locality, because of peculiar local conditions, said board may, in its discretion, authorize Federal land banks to make loans on farm lands through agents ap- proved by Said board. (2) Same; manner of making—Such loans shall be subject to the same conditions and restrictions as if the same were made through national farm loan as- SOciations, and each borrower shall contribute five per Centum of the amount of his loan to the capital of the Federal land bank, and shall become the owner of as much capital stock of the land bank as such con- tribution shall warrant. (3) Who may be employed as–No agent other than a duly incorporated bank, trust company, mort- gage Company, or savings institution, chartered by the State in which it has its principal office, Shall be employed under the provisions of this section. (4) Expenses of and commissions to—Federal land banks may pay to such agents the actual expense of appraising the land offered as security for a loan, examining and Certifying the title thereof, and mak- ing, executing, and recording the mortgage papers; and in addition may allow said agents not to exceed One-half of One per centum per annum upon the un- paid principal Of Said loan, such commission to be deducted from dividends payable to the borrower on his stock in the Federal land bank. (5) Experases of added to loans—Actual expenses paid to agents under the provisions of this section shall be added to the face of the loan and paid off in amortization payments subject to the limitations pro- Vided in SubSection ninth Of Section thirteen. Of this Act. (6) Collecting interest and payments—Said agents, when required by the Federal land banks, shall collect and forward to such banks without Charge all interest and amortization payments On loans indorsed by them. - (7) Indorsement of loans; liability thereom-- Any agent negotiating any such loan shall indorse the same and become liable for the payment thereof, and for any default by the mortgagor, on the same terms and under the same penalties as if the loan had been Originally made by said agent as principal and Sold Tit, 62A) 3 9835i (h) FEDERAL FARM LOANS [Page 1609] by said agent to said land bank, but the aggregate of the unpaid principal of mortgage loans received from any such agent shall not exceed ten times its Capital and Surplus. (8) When loans through to cease—If at any time the district represented by any agent under the pro- Visions Of this Section shall, in the judgment of the Federal Farm Loan Board, be adequately served by national farm loan associations, no further loans shall be negotiated therein . by agents under this sec- tion. (July 17, 1916, c. 245, § 15, 39 Stat. 373.) JOINT STOCTR LAND BANES § 9835hh.. (1) Power to organize; manner of organization; number of directors—Corporations, to be known as joint stock land banks, for carrying On the business of lending on farm mortgage security and issuing farm loan bonds, may be formed by any number of natural persons not less than ten. They Shall be Organized subject to the requirements and under the COnditions set forth in Section four Of this Act, So far as the same may be applicable: Provided, That the board of directors of every joint stock land bank shall consist of not less than five members. (2) Individual liability of shareholders—Share- holders Of every joint Stock land bank Organized un- der this Act shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such bank to the extent of the amount of stock Owned by them at the par value thereof, in addition to the amount paid in and represented by their shares. (3) Powers, duties, and liabilities; stock—Except as Otherwise provided, joint Stock land banks shall have the powers of, and be subject to all the restric- tions and Conditions imposed On, Federal land banks by this Act, so far as such restrictions and conditions are applicable: Provided, however, That the Govern- ment of the United States shall not purchase or Sub- scribe for any of the Capital Stock Of any Such bank; and each shareholder of any such bank shall have the Same voting privileges as holders Of shares in nation- al banking a SSOciations. (4) Limitation on amount of issue of bonds; transacting banking business—No joint stock land bank shall have power to issue or obligate itself for Outstanding farm loan bonds in excess of fifteen times the amount Of its Capital and Surplus, Or to receive deposits Or to transact any banking or other business not expressly authorized by the provisions of this ACt. (5) Subscribed capital stock required—No joint Stock land bank Shall be authorized to do business until capital stock to the amount of at least $250,000 has been subscribed, one-half thereof paid in Cash and the balance Subject to Call by the board of di- rectors, and a charter has been issued to it by the Federal Farm LOaIn Board. (6) Issuing bonds before payment of stock— No joint stock land bank shall issue any bonds until after the capital stock is entirely paid up. (7) Form of bonds—Farm loan bonds issued by joint stock land banks shalj be so engraved as to be readily distinguished in form and color from farm loan bonds issued by Federal land banks, and shall Otherwise bear Such distinguishing marks as the Fed- eral Farm Loan Board shall direct. (8) Interest rates; restrictions on mortgage loans—Joint stock land banks shall not be subject to the provisions of subsection (b) of section seventeen of this Act as to interest rates on mortgage loans or farm loan bonds, nor to the provisions Of SubSections first, fourth, sixth, seventh, and tenth of Section twelve as to restrictions on mortgage loans: Provided, how- ever, That no loans shall be made which are not se- cured by first mortgages on farm lands within the State in which Such joint Stock land bank has its principal office, or within some one State contiguous to Such State. Such joint stock land banks shall be subject to all other restrictions on mortgage loans imposed on Federal land banks in section twelve Of this Act. (9) Same; increase—Joint stock land banks shall in no Case charge a rate of interest On farm loans ex- ceeding by more than one per centum the rate Of interest established for the last series of farm loan bonds issued by them. - (10) Unauthorized commissions or charges- Joint stock land banks shall in no case demand Or re- ceive, under any form or pretense, any Commission Or charge not specifically authorized in this Act. (11) Bonds; power to issue; form and con- tents—Each joint stock land bank organized under this Act shall have authority to issue bonds based upon mortgages taken by it in accordance With the terms of this Act. Such bonds shall be in form pre- scribed by the Federal Farm Loan Board, and it shall be stated in such bonds that such bank is Organized under section sixteen of this Act, is under Federal supervision, and operates under the provisions of this Act. (July 17, 1916, c. 245, § 16, 39 Stat. 374.) POWERS OF FEDERAL FARM LOAN BOARD § 9835i. Enumeration—The Federal Farm Loan Board shall have power— (a) Organizing and chartering banks and loan associations; authorizing increase of stock-(a) To organize and charter Federal land banks, and to charter national farm loan associations and joint stock land banks subject to the provisions of this Act, and in its discretion to authorize them to increase their capital Stock. - (b) Reviewing and altering interest rates-(b) To review and alter at its discretion the rate of in- terest to be charged by Federal land banks for loans made by them under the provisions of this Act, Said rates to be uniform so far as practicable. (c) Granting or refusing authority to issue Thonds—(c) To grant or refuse to Federal land banks, or joint stock land banks, authority to make any specific issue of farm loan bonds. (d) Making rules and regulations as to charg- es on loans—(d) To make rules and regulations re- specting the charges made to borrowers On loans un- der this Act for expenses in appraisal, determination Of title, and recording. (e) Requiring reports and statements; exam- ining banks and associations—(e) TO require re- ports and statements of condition and to make exami- nations of all banks or associations doing business under the provisions Of this Act. (f) Prescribing form and terms of bonds and surety bonds—(f) To prescribe the form and terms of farm loan bonds, and the form, terms, and penal sums of all Surety bonds required under this Act and of such other surety bonds as they shall deemſ neces- sary, such surety bonds to cover financial loSS as well as faithful performance of duty. . (g) Regulating payments between banks-(g) To require Federal land banks to pay forthWith to any Federal land bank their equitable proportion of any sums advanced by said land bank to pay the coupons of any other land bank, basing said required payments on the amount of farm loan bonds issued by each land bank and actually outstanding at the time Of Such requirement. (h) Suspending or removal of directors, regis- trars, appraisers and examiners—(h) TO SuS- pend or to remove for cause any district director or any registrar, appraiser, examiner, or other official appointed by Said board under authority of Section three of this Act, the cause of such suspension or re- moval to be communicated forthwith in writing by the Federal Farm Loan Board to the person suspend- ed or removed, and in case of a district director to the proper Federal land bank. ź 9835i (i) (Tit. 62A FEDERAL FARM LOANs IPage 1610] (i) Exercising supervisory authority over banks —(i) To exercise general supervisory authority over the Federal land banks, the national farm loan as- SOCiations, and the joint stock land banks herein pro- Vided for. (j) Incidental powers—(j) To exercise such inci- dental powers as shall be necessary or requisite to fulfill its duties and carry out the purposes of this Act. (July 17, 1916, c. 245, § 17, 39 Stat. 375.) APPLICATIONS FOR FARM LOAN BONDS § 9835ii. (1) Through farm loan registrar; collateral security; schedule—Any bank, or joint stock land bank, which shall have vot- ed to issue farm loan bonds under this Act, shall make written application to the Federal Farm Loan Board, through the farm loan registrar Of the district, for approval of such issue. With said application said land bank shall tender to said farm loan registrar as Collateral security first mortgages on farm lands Qualified under the provisions of section twelve, Sec- tion fifteen, or section sixteen of this Act, or United States Government bonds, not less in aggregate amount than the sum of the bonds proposed to be issued. Said bank shall furnish with such mortgages. a schedule containing a description thereof, and such further information as may be prescribed by the Fed- eral Farm LOan Board. - - (2) Investigation and appraisal of securities tendered by Board—Upon receipt of such applica- tion said farm loan registrar shall verify said sched- ule and shall transmit said application and said Schedule to the Federal Farm Loan Board, giving such further information pertaining thereto as he may possess. The Federal Farm Loan Board shall forth- with cause to be made such investigation and ap- praisement of the securities tendered as it shall deem Wise, and it shall grant in whole or in part, or re- ject entirely, such application. (3) Transmission of decisions of Board to land bank and farm loan registrar; information by registrar to Board—The Federal Farm Loan Board shall promptly transmit its decision as to any issue of farm loan bonds to the land bank applying for the same and to the farm loan registrar of the district. Said registrar shall furnish, in writing, such information regarding any issue of farm loan bonds as the Federal Farm Loan Board may at any time require. - (4) Approval in writing of issue of bonds— NO issue of farm loan bonds shall be authorized un- less the Federal Farm Loan Board shall approve such #; in Writing. (July 17, 1916, c. 245, § 18, 39 Stat. ISSUE OF FARM LOAN BONDS § 9835.j. (1) Duties of any farm loan registrar shall receive from the Fed- eral Farm Loan Board notice that it has approved any issue of farm loan bonds under the provisions of Section eighteen he shall forthwith take such steps aS may be necessary, in accordance with the provi- Sions of this Act, to insure the prompt execution of Said bonds and the delivery of the same to the land bank applying therefor. (2) Collateral security; return on rejection of application—Whenever the Federal Farm Loan Board shall reject entirely any application for an is- Sue of farm loan bonds, the first mortgages and bonds tendered to the farm loan registrar as collateral Se- curity therefor shall be forthwith returned to said land bank by him. (3) Same; disposition on approval of applica- tion—Whenever the Federal Farm Loan Board shall approve an issue of farm loan bonds, the farm loan registrar having the custody of the first mortgages and bonds tendered as Collateral Security for such issue of bonds shall retain in his custody those first mort- gages and bonds which are to be held as collateral Federal land registrars—Whenever. security, and shall return to the bank owning the same any of said mortgages and bonds which are not to be held by him as collateral security. The land bank which is to issue said farm loan bonds shall transfer to said registrar, by assignment, in trust, all first mortgages and bonds which are to be held by Said registrar as collateral Security, said assignment pro- viding for the right of redemption at any time by payment as provided in this Act and reserving the right of substitution of other mortgages qualified under sections twelve, fifteen, and sixteen of this Act. Said mortgages and bonds shall be deposited in Such deposit vault or bank as the Federal Farm Loan Board shall approve, subject to the control of said registrar and in his name as trustee for the bank is- suing the farm loan bonds and for the prospective holders of said farm loan bonds. (4) Same; mortgages acceptable as—No mort- gage shall be accepted by a farm, loan registrar from a land bank as part of an offering to secure an issue of farm loan bonds, either originally or by substitu- tion, except first mortgages made subject to the Con- ditions prescribed in said sections twelve, fifteen, and Sixteen. - (5) Same; limiting amount of issue to; United States bonds or cash in lieu of mortgages with- drawn—It shall be the duty of each farm loan regis- trar to see that the farm loan bonds delivered by him and Outstanding do not exceed the amount Of collateral security pledged therefor. Such registrar may, in his discretion, temporarily accept, in place of mortgages withdrawn, United States government bonds or cash. (6) Same; additional collateral—The Federal Farm Loan Board may, at any time, Call upon any land bank for additional Security to protect the bonds issued by it. (July 17, 1916, c. 245, § 19, 39 Stat. 376.) FORM OF FARM LOAN BONDS § 9835 k. (1) Denominations; minimum and maximum periods; interest coupons; rate of in- terest—Bonds provided for in this Act shall be issued in denominations of $25, $50, $100, $500, and $1,000; they shall run for specified minimum and maximum periods, subject to payment and retirement, at the option of the land bank, at any time after five years from the date of their issue. They shall have inter- est coupons attached, payable semiannually, and Shall be issued in series of not less than $50,000, the amount and terms to be fixed by the Federal Farm Loan Board. They shall bear a rate of interest not to . exceed five per centum per annum. (2) Rules and regulations as to payment—The Federal Farm Loan Board shall prescribe rules and regulations concerning the circumstances and manner in which farm loan bonds shall be paid and retired under the provisions of this Act. (3) Delivery to banks—Farm loan bonds Shall be delivered through the registrar of the district to the bank applying for the same. (4) Preparation; custody of plates and , dies; expenses of preparation; exchange for register- ed bonds; reexchange for coupons-In order to fur- nish farm loan bonds for delivery at the Federal land banks and joint stock land, banks, the Secre- tary of the Treasury is hereby authorized to prepare suitable bonds in such form, subject to the provisions of this Act, as the Federal Farm Loan Board may approve, such bonds when prepared to be held in the Treasury subject to delivery upon order of the Federal Farm Loan Board. The engraved plates, dies, bed-pieces, and so forth, executed in connection therewith shall remain in the custody of the Secretary of the Treasury. Any expenses incurred in the preparation, custody, and delivery of such farm loan bonds shall be paid by the Secretary of the Treasury from any funds in the Treasury not otherwise, ap- propriated: Provided, however, That the Secretary shail be reimbursed for such expenditures by the Fed- Tit. 62A) Ž 9835m (8) FEDERAL FARM LOANs [Page 16111 eral Farm Loan Board through assessment upon the farm land banks in proportion to the work executed. They may be exchanged into registered bonds of any amount, and reexchanged into coupon bonds, at the option of the holder, under rules and regulations to be prescribed by the Federal Farm Loan Board. (July 17, 1916, c. 245, § 20, 39 Stat. 377.) SPECIAL PROVISIONS OF FARM LOAN BONDS § 9835l. (1) Banks bound by acts of officers and Board in issue—Each land bank shall be bound in all respects by the acts of its officers in signing and issuing farm loan bonds and by the acts of the Federal Farm Loan Board in authorizing their issue. (2) Liability of banks—Every Federal land bank issuing farm loan bonds shall be primarily liable there- for, and shall also be liable, upon presentation of farm loan bond coupons, for interest payments due upon any farm loan bonds issued by other Federal land banks and remaining unpaid in Consequence Of the default of such other land banks; and every such bank shall likewise be liable for Such portion of the principal of farm loan bonds. So issued as shall not be paid after the assets of any such other land banks shall have been liquidated and distributed: Provided, That such losses, if any, either of interest or of prin- cipal, shall be assessed by the Federal Farm LOan Board against solvent land banks liable therefor-in | proportion to the amount of farm loan bonds which each may have outstanding at the time of Such as- sessment. (3) Same; record on minutes—Every Federal land bank shall by appropriate action of its board of directors, duly, recorded in its minutes, Obligate it- self to become liable on farm loan bonds as provided in this section. . (4) Signing and attesting; certificate to—Every farm loan bond issued by a Federal land bank shall be signed by its president and attested by its secre- tary, and shall contain in the face thereof a certificate signed by the Farm Loan Commissioner to the effect that it is issued under the authority of the Federal Farm Loan Act, has the approval in form and issue Of the Federal Farm Loan Board, and is legal and regular in all respects; that it is not taxable by National, State, municipal, or local authority; that it is issued against collateral Security of United States Government bonds, or indorsed first mortgages On farm lands, at least equal in amount to the bonds issued; and that all Federal land banks are liable for the payment of each bond. (July 17, 1916, c. 245, § 21, 39 Stat. 377.) - APPLICATION OF AMORTIZATION AND INTEREST PAYMENTS § 9835m. (1) Notice to registrars of; pay- ments on collateral security for bonds; crediting payments; cancellation of mortgages—Whenever any Federal land bank, or joint stock land bank, shall receive any interest, amortization or other payments ſupon any first mortgage or bond pledged as collateral Security for the issue of farm loan bonds, it shall forthwith notify the farm loan registrar of the items so received. Said registrar shall forthwith Cause Such payment to be duly credited upon the mortgage enti- tled to such credit. Whenever any such mortgage is paid in full, said registrar shall cause the same to be canceled and delivered to the proper land bank, Which shall promptly satisfy and discharge the lien of record and transmit such canceled mortgage to the Original maker thereof, or his heirs, administrators, executors, Or assigns. - (2) Withdrawal of collateral and substitution of other security therefor—Upon written application by any Federal land bank, or joint stock land bank, to the farm loan registrar, it may be permitted, in the discretion of said registrar, to withdraw any mortgages or bonds pledged as collateral security un- der this Act, and to substitute therefor other simi- lar mortgages or United States Government bonds not less in amount than the mortgages or bonds desired to be Withdrawn. (3) Place and mode of payment of bonds or in- terest; cancellation on payment—Whenever any farm loan bonds, or coupons or interest payments of Such bonds, are due under their terms, they shall be payable at the land bank by which they were issued, in gold Or lawful money, and upon payment shall be duly canceled by said bank. At the discretion of the Federal Farm Loan Board, payment of any farm loan bond Or Coupon or interest payment may, however, be authorized to be made at any Federal land bank, any joint stock land bank, or any other bank, under rules and regulations to be prescribed by the Federal Farm Loan Board. (4) Withdrawal of collateral security on sur- render of bonds—When any land bank shall Surren- der to the proper farm loan registrar any farm loan bonds of any series, canceled or uncanceled, said land bank shall be entitled to withdraw first mortgages and bonds pledged as collateral security for any of Said series of farm loan bonds to an amount equal to the farm loan bonds so surrendered, and it shall be the duty of said registrar to permit and direct the de- livery of such mortgages and bonds to such land bank. (5) Interest payments on hypothecated first mortgages—Interest payments on hypothecated first mortgages shall be at the disposal of the land bank pledging the same, and shall be available for the pay- ment of coupons and the interest of farm loan bonds as they become due. (6) Face value of bonds or interest coupons to Holders—Whenever any bond matures, Or the interest On any registered bond is due, Or the Coupon On any Coupon bond matures, and the same shall be presented for payment as provided in this Act, the full face Value thereOf Shall be paid to the holder. (7) Payments on principal of first mortgages as trust fund—AmOrtization and other payments On the principal Of first mortgages held by a farm loan registrar as collateral security for the issue of farm loan bonds shall constitute a trust fund in the hands Of the Federal land bank Or joint Stock land bank re- ceiving the same, and shall be applied or employed as follows: r (I) Application of fund in cases of land banks —In the case of a Federal land bank— - (a) Payment of bonds at maturity—(a) To pay Off farm loan bonds issued by Said bank as they ma- ture. (b) Purchase of farm loan bonds—(b) To pur- Chase at Or below par farm loan bonds issued by Said bank or by any other Federal land bank. - (c) Loans on first mortgages—(c) To loan on first mortgages on farm lands within the land bank dis- trict, qualified under this Act as collateral security for an issue of farm loan bonds. (d) Purchase of United States bonds—(d) To purchase United States GOvernment bonds. (II) Application of fund in ease of joint stock 1and banks—In the Case of a joint stock land bank— (a) Payment of bonds at maturity—(a) To pay Off farm loan bonds issued by said bank as they ma- ture. Chase at Or below par farm loan bonds. (c) Loans on first mortgages—(c) To loan. On first mortgages qualified under section sixteen of this Act. (d) Purchase of United States bonds—(d) To purchase United States Government bonds. (8) Same; deposit of fund with registrars as substituted collateral security—The farm loan bonds, first mortgages, United States Government bonds, or cash constituting the trust fund aforesaid, shall be forthwith deposited with the farm loan regis- trar as Substituted collateral Security in place of the sums paid on the principal of indorsed mortgages held by him in trust. - - - (b) Purchase of farm loan bonds—(b) To pur- - 3 9835m (9) (Tit. 62A FIEDERAL EARM LOANS [Page 1612] (9) Notice to registrars of disposition of pay- ments on principal of mortgages—Every Federal land bank, or joint stock land bank, shall notify the farm loan registrar of the disposition of all payments . made on the principal of mortgages held as collateral security for an issue of farm loan bonds, and Said registrar is authorized, at his discretion, to Order any of such payments, or the proceeds thereof, wherever deposited or however invested, to be immediately transferred to his account as trustee aforesaid. (July 17, 1916, c. 245, § 22, 39 Stat. 378.) RESERVES AND DIVIDENDS OF LAND BANKS § 98.35m. (1) Reserves; amount; making good impairment; debit to reserve account—Every Fed- eral land bank, and every joint stock land bank, shall semiannually carry to reserve account twenty-five per centum of its net earnings until said reserve account shall Show a Credit balance equal to twenty per Cen- tum of the Outstanding capital stock of Said land bank. Whenever said reserve shall have been impair- ed, said balance of twenty per centum shall be fully restored before any dividends are paid. After Said reserve has reached the sum of twenty per Centum of the outstanding capital stock, five per centum of the net earnings shall be annually added thereto. For the period of two years from the date when any default occurs in the payment of the interest, amor- tization installments, or principal on any first mort- gage, by both mortgagor and indorser, the amount SO defaulted shall be carried to a suspense account, and at the end of the two-year period specified, unless Col- lected, shall be debited to reserve account. (2) Dividends on balance of net earnings; in- vestment of reserves—After deducting the twenty- five per centum or the five per centum hereinbefore directed to be deducted for credit to reserve account, any Federal land bank or joint stock land bank may declare a dividend to shareholders Of the Whole Or any part of the balance of its net earnings. The re- serves of land banks shall be invested in a CCOrdance with rules and regulations to be prescribed by the ITederal Farm Loan Board. (July 17, 1916, c. 245, Ś 23, 39 Stat. 379.) RESERVE AND DIVIDENDS OF NATIONAL FARM th LOAN ASSOCIATIONS § 98.350. (1) Reserves; amount—Every national farm loan association shall, out of its net earnings, semiannually carry to reserve account a Sum not less than ten per centum of such net earnings until said reserve account shall show a credit balance equal to twenty per centum of the outstanding capital Stock of Said association. (2) Same; making good impairment—Whenever said reserve shall have been impaired, said Credit bal- ance of twenty per centum shall be fully restored before any dividends are paid. After said reserve has reached said sum of twenty per centum, two per centum of the net earnings shall be annually added thereto. (3) Dividends on balance of net earnings—Aft- er deducting the ten per centum or the two per centum hereinbefore directed to be Credited to reserve a C- count, said association may, at its discretion, declare a dividend to shareholders of the whole or any part of the balance of said net earnings. - (4) Reserves; investment—The reserves of farm loan associations shall be invested in a CCOrdance with rules and regulations to be prescribed by the Federal Farm Loan Board. (5) Same; disposition on liquidation—Whenever any farm loan association shall be voluntarily liqui- dated a sum equal to its reserve account as herein re- quired shall be paid to and become the property of the Federal land bank in which such loan association may be a shareholder. (July 17, 1916, c. 245, § 24, 39 Stat. 379.) DEFAULTED LOANS § 9835p. . Notice to associations or agents of default; making good—If there shall be default un- der the terms of any indorsed first mortgage held by a Federal land bank under the provisions of this Act, the national farm loan association or agent through which said mortgage was received by Said Federal land bank Shall be notified of said default. Said association or agent may thereupon be required, within thirty days after such notice, to make good said default, either by payment of the amount un- paid thereon in cash, or by the substitution of an equal amount of farm loan bonds issued by said land bank, with all unmatured Coupons attached. (July 17, 1916, c. 245, § 25, 39 Stat. 380.) EXEMPTION FROM TAXATION § 983591. (1) Federal, state, municipal and local taxation; exceptions; first mortgages and Tºonds as instrumentalities of government—Every Federal land bank and every national farm loan as- SOCiation, including the capital and reserve or Sur- plus therein and the income derived therefrom, shall be exempt from Federal, State, municipal, and lo- Cal taxation, except taxes upon real estate held, purchased, or taken by said bank or association un- der the provisions of section eleven and section thir- teen Of this Act. First mortgages executed to Feder- al land banks, or to joint stock land banks, and farm loan bonds issued under the provisions of this Act, Shall be deemed and held to be instrumentalities of the Government of the United States, and as such they and the income derived therefrom shall be ex- empt from Federal, State, municipal, and local tax- ation. - (2) Shares in joint stock banks included in valuation of personalty for state taxation—Noth- ing herein shall prevent the shares in any joint stock land bank from being included in the valuation of the personal property of the Owner or holder of Such shares, in assessing taxes imposed by authority of the State within which the bank is located; but such as- SeSSment and taxation Shall be in manner and Sub- ject to the conditions and limitations contained in Section fifty-two hundred and nineteen of the Revised Statutes with reference to the shares of national banking associations. (3) Real property subject to taxation—Nothing herein shall be construed to exempt the real property Of Federal and joint Stock land banks and national farm loan associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed. (July 17, 1916, c. 245, § 26, 39 Stat. 380.) INVESTMENT IN FARM LOAN BONDS § 9835r. (1) Fiduciary and trust funds; se- curity for public deposits—Farm loan bonds issued under the provisions of this Act by Federal land banks Or joint stock land banks shall be a lawful invest- ment for all fiduciary and trust funds, and may be accepted as security for all public deposits. (2) Buying and selling by member banks of Federal Reserve System—Any member bank Of the Federal Reserve System may buy and sell farm loan bonds issued under the authority of this Act. (3) Buying and selling by reserve banks—Any Federal reserve bank may buy and sell farm loan bonds issued under this Act to the same extent and subject to the same limitations placed upon the pur- chase and sale by said banks of State, county, dis- trict, and municipal bonds under subsection (b) of Section fourteen of the Federal Reserve Act approved December twenty-third, nineteen hundred and thir- teen. (July 17, 1916, c. 245, § 27, 39 Stat. 380.) ExAMINATIONS § 9835s. (1) Bank examiners; number; ap- | pointment—The Federal Farm Loan Board Shall Tit. 62A) 3 9835v (1) FEDERAL FARM LOANs IPage 16131 appoint as many land bank examiners as in its judg- ment may be required to make careful examinations of the banks and associations permitted to do busi- ness under this Act. (2) Same; powers, duties, liabilities, and pen- alties; examinations; reports of—Said examiners shall be subject to the same requirements, responsi- bilities and penalties as are applicable to national bank examiners under the national bank Act, the Federal Reserve Act and Other provisions Of law. Whenever directed by the Federal Farm Loan Board, said examiners shall examine the Condition of any national farm loan association and report the same to the Farm Loan Commissioner. They shall examine and report the Condition of every Federal land bank and joint stock and bank at least twice each year. (3) Same; salaries—Said examiners shall receive Salaries to be fixed by the Federal Farm Loan Board. (July 17, 1916, c. 245, § 28, 39 Stat. 381.) DISSOLUTION AND APPOINTMENT OF RE- - CEIVERS § 9835t. (1) Insolvency of associations; what constitutes; receivers; powers and duties—Upon receiving satisfactory evidence that any national farm loan association has failed to meet its outstanding ob- ligations of any description the Federal Farm, Loan Board may forthwith declare such association insol- vent and appoint a receiver and require of him such bond and security as it deems proper: Provided, That no national farm loan association shall be declared insolvent by said board until the total amount of de- faults of current interest and amortization install- ments on loans indorsed by national farm loan as- SOciations shall amount to at least $150,000 in the Federal land bank district, unless such association shall have been in default for a period of two years. Such receiver, under the direction of the Federal Farm Loan Board, shall take possession of the books, records, and assets of every description of such asso- Ciation, Collect all debts, dues, and claims belonging to it, and, with the approval of the Federal Farm. Loan Board, or upon the order of a Court of rec- ord of competent jurisdiction, may sell or compound all bad or doubtful debts, and, On a like approval or Order, may sell all the real and personal property of Such association, on such terms as the Federal Farm Loan Board or said Court shall direct. (2) Same; receivers; payments to Treasurer of United States—Such receiver shall pay Over all money SO collected to the Treasurer Of the United States, subject to the order of the Federal Farm Loan Board, and also make report to said board of all his acts and proceedings. The Secretary of the Treasury shall have authority to deposit at interest any money SO received. (3) Insolvency of banks; receivers; powers and duties—Upon default of any obligation, Federal land banks and joint stock land banks may be de- clared insolvent and placed in the hands of a re- ceiver by the Federal Farm Loan Board, and pro- ceedings, shall thereupon be, had in accordance With the provisions of this section regarding national farm loan associations. (4) Insolvency of associations; cancellation of stock held in banks; application of payments on stock to payment of debts; reduction of stock of banks; certificate of—If any national farm loan association shall be declared insolvent and a re- ceiver shall be appointed therefor by the Federal Farm Loan Board, the stock held by it in the Federal land bank of its district shall be Canceled without impairment of its liability and all payments on such stock, with accrued dividends, if any, since the date Of the last dividend shall be first applied to all debts Of the insolvent farm loan association to the Federal land bank and the balance, if any, shall be paid to the receiver of Said farm loan association: Provided, That in estimating Said debts contingent liabilities incurred by national farm loan associations under the provisions of this Act on account of default of prin- cipal or interest of indorsed mortgages shall be es- timated and included as a debt, and said contingent liabilities shall be determined by agreement between the receiver and the Federal land bank of the district, Subject to the approval of the Federal Farm Loan Board, and if said receiver and said land bank, can not agree, then by the decision of the Farm Loan Commissioner, and the amount thus ascertained shall be deducted in accordance with the provisions of this Section from the amount Otherwise due said national farm loan association for said canceled stock. When- ever the Capital stock of a Federal land bank shall be reduced, the board of directors shall cause to be eXecuted a Certificate to the Federal Farm Loan Board, showing such reduction of capital stock, and, if said reduction shall be due to the insolvency of a national farm loan association, the amount repaid to Such association. - - (5) Voluntary liquidation; consent of Board; consolidation of associations—No. national farm loan association, Federal land bank or joint stock land bank Shall go into Voluntary liquidation without the written consent of the Federal Farm Loan Board, but national farm loan associations may consolidate under rules and regulations promulgated by the Fed- eral Farm Loan Board. (July 17, 1916, c. 245, § 29, 39 Stat. 381.) - . STATE LEGISLATION § 9835u. (1) Examination of state laws as to conveying and recording titles, mortgage foreclosures, and exemptions—It shall be the duty Of the Farm Loan Commissioner to make examina- tion of the laws of every State of the United States and to inform the Federal Farm Loan Board as rap- idly as may be whether in his judgment the laws of each State relating to the conveying and recording of land titles, and the foreclosure of mortgages or other instruments securing loans, as well as providing homestead and other exemptions and granting the power to Waive such exemptions as respects first Imortgages, are such as to assure the holder thereof adequate Safeguards against loss in the event of de- fault On loans secured by any such mortgages. (2) First mortgages as basis of issue of bonds; assistance in examinations—Pending the making of such examination in the case of any State, the Federal Farm Loan Board may declare first mort- gages On farm lands situated within Such State in- eligible as the basis for an issue of farm loan bonds; and if Said examination shall Show that the laws of any such State afford insufficient protection to the holder of first mortgages of the kinds provided in this Act, said Federal Farm Loan Board may declare Said first mortgages. On land situated in such State ineligible during the continuance of the laws in ques- tion. In making his examination of the laws of the several States and forming his conclusions thereon said Farm Loan Commissioner may Call upon the office of the Attorney General of the United States for any needed legal advice or assistance, Or may em- ploy special counsel in any State where he considers such action necessary. - (3) Statement as to compliance with board’s requirements under state laws—At the request of the Executive of any State the Federal Farm Loan Board shall prepare a statement Setting forth in what respects the requirements of said board can not be complied with under the existing laws of such State. (July 17, 1916, c. 245, § 30, 39 Stat. 382.) PENALTIES § 9835v. (1) False statements in applica- tions for loans; willful overvaluation of land; acceptance of loan or gratuity by examiners- Any applicant for a loan under this Act who shall knowingly make any false statement in his application # 9835v (2) (Tit. 62A FEDERAL FARM LOANs [Page 1614] for such loan, and any member of a loan committee or any appraiser provided for in this Act who shall willfully overvalue any land offered as Security for loans under this Act, shall be punished by a fine Of not exceeding $5,000, or by imprisonment not exceed- ing one year, or both. Any examiner appointed under this Act who shall accept a loan or gratuity from any land bank or national farm loan association examined by him, or from any person connected with any Such bank or association in any capacity, shall be punished by a fine of not exceeding $5,000, or by imprisonment not exceeding one year, or both, and may be fined a further sum equal to the money SO loaned or gratuity given, and shall forever thereafter be disqualified from holding office as an examiner under the provi- Sions of this Act. No examiner, while holding Such office, shall perform any other service for compensa- tion for any bank or banking or loan association, Or for any person connected therewith in any capacity. (2) Falsely making, forging or counterfeiting Thonds or coupons; passing false bonds or cou- pons; falsely altering—Any person Who Shall false- ly make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or Willingly aid or assist in falsely making, forging, or COunter- feiting any bond, coupon, or paper in imitation of, Or purporting to be in imitation of, the bonds Or Coupons issued by any land bank or national farm loan asso- ciation, now or hereafter authorized and acting under the laws of the United States; or any person who shall pass, utter, or publish, or attempt to pass, utter, or publish any false, forged, or counterfeited bond, coupon, or paper purporting to be issued by any Such bank or association, knowing the same to be falsely made, forged, or counterfeited ; or whoever shall falsely alter, or cause or procure to be falsely altered, or shall willingly aid or assist in falsely altering any such bond, coupon, or paper, Or shall pass, utter, Or publish as true any falsely altered or spurious bond, coupon, or paper issued, or purporting to have been issued, by any such bank or association, knowing the same to be falsely altered or spurious, shall be pun- ished by a fine of not exceeding $5,000 or by imprison- ment not exceeding five years, or both. (3) Charging or receiving unauthorized fee or commission; disclosing names of borrowers- Other than the usual salary or director's fee paid to any officer, director, or employee of a national farm loan association, a Federal land bank, or a joint stock land bank, and other than a reasonable fee paid by such association or bank to any officer, director, at- torney, or employee for services rendered, no officer, director, attorney, or employee of an association Or bank organized under this Act shall be a beneficiary of or receive, directly or indirectly, any fee, commis- sion, gift, or other consideration for or in Connection with any transaction or business of such association or bank. No land bank or national farm loan associa- tion organized under this Act shall charge or receive any fee, commission, bonus, gift, or Other considera- tion not herein specifically authorized. No examiner, public or private, shall disclose the names of borrow- ers to other than the proper Officers of a national farm loan association or land bank without first hav- ing obtained express permission in writing from the Farm Loan Commissioner or from the board of direc- tors of such association or bank, except when Ordered to do so by a court of competent jurisdiction or by direction of the Congress of the United States, or of either House thereof, or any committee of Congress or of either House duly authorized. Any person vio- lating any provision of this paragraph shall be pun- ished by a fine of not exceeding $5,000 or by im- prisonment not exceeding one year, or both. (4) Fraud and embezzlement—Any person con- flected in any capacity with any national farm loan association, Federal land bank, or joint stock land bank, who embezzles, abstracts, or willfully misapplies any moneys, funds, or credits thereof, or who without authority. from the directors draws any order, as- banks; Signs any note, bond, draft, mortgage, judgment, Or decree thereof, or who makes any false entry in any book, report, or statement of such association or land bank with intent in either case to defraud. Such in- stitution or any other company, body politic or cor- porate, or any individual person, or to deceive any Officer of a national farm loan association or land bank Or any agent appointed to examine into the af- fairs of any Such association or bank, and every per- son who with like intent aids or abets any officer, clerk, or agent in any violation of this section, shall be punished by a fine of not exceeding $5,000 or by im- prisonment not exceeding five years, or both. (5) False pretenses as to character of bonds or coupons—Any person who shall deceive, defraud, or impose upon, Or who shall attempt to deceive, de- fraud, Or impose upon, any person, firm, Or CorpOra- tion by making any false pretense or representation regarding the character, issue, security, or terms of any farm loan bond, or coupon, issued under the terms of this Act; or by falsely pretending or representing that any farm loan bond, or coupon, issued under the terms of this Act by one class of land banks is a farm loan bond, or coupon, issued by another class of banks; or by falsely pretending or representing that any farm loan bond, or coupon, issued under the terms of this Act, or anything contained in said farm loan bond, or coupon, is anything other than, or different from, what it purports to be on the face of said bond or coupon, shall be fined not exceeding $500 or im- prisoned not exceeding one year, or both. (6) Arrest of violators of act—The Secretary of the Treasury is hereby authorized to direct and use the Secret Service Division of the Treasury Depart- ment to detect, arrest, and deliver into custody of the United States marshal having jurisdiction, any per- son or persons violating any of the provisions of this section. (July 17, 1916, c. 245, § 31, 39 Stat. 382.) GOVERNMENT DEPOSITS § 9835w. Deposits for temporary use with certificates therefor; redezmption; ag- gregate of deposits; purchase of honds by Sec- retary of Treasury; amount; repurchase by bank; temporary organizations of banks con- tinued—The Secretary of the Treasury is authorized, in his discretion, upon the request of the Federal Farm LOan BOard, to make deposits for the temporary use of any Federal land bank, out of any money in the Treasury not otherwise appropriated. Such Fed- eral land bank shall issue to the Secretary of the Treasury a certificate of indebtedness for any such deposit, bearing a rate of interest not to exceed the current rate charged for other Government deposits, to be secured by farm loan bonds or Other collateral, to the satisfaction of the Secretary of the Treasury. Any such certificate shall be redeemed and paid by Such land bank at the discretion of the Secretary of the Treasury. The aggregate of all sums so deposited by the Secretary of the Treasury Shall not exceed the sum of $6,000,000 at any one time. - The Secretary of the Treasury is further author- ized, in his discretion, upon the request Of the Feder- al Farm Loan Board, from time to time during the fiscal years ending June thirtieth, nineteen hundred and eighteen, and June thirtieth, nineteen hundred and nineteen, respectively, to purchase at par and accrued interest with any funds in the Treasury not Otherwise appropriated, from any Federal land bank, farm loan bonds issued by such bank. Such purchases shall not exceed the sum of $100,- 000,000 in either of such fiscal years. Any Federal land bank may at any time repurchase at par and accrued interest for the purpose of redemption or re- Sale any bonds SO purchased from it and held in the Treasury. The bonds of any Federal land bank so purchased by the Secretary of the Treasury, and held in the Treasury under the provisions of this amendment One year after the termination of the pending war, shall Tit. 62A) & 9835Z FEDERAL FARM LOANS IPage 1615I upon thirty days' notice from the Secretary of the Treasury be redeemed or repurchased by such bank at par and accrued interest. The temporary Organization of any Federal land bank as provided in section four of said Federal Farm Loan Act shall be continued. So long as any farm loan bonds purchased from it under the provisions of this amendment shall be held by the Treasury, and until the Subscriptions to Stock in Such bank by national farm loan associations shall equal the amount of Stock held in Such bank by the GOvernment of the United States. (July 17, 1916, c. 245, § 32, 39 Stat. 384, amended, Jan. 18, 1918, c. 9, § 1, 40 Stat.) O.RGANIZATION EXPENSES § 9835x. Appropriation for expenses—The sum of $100,000, or so much thereof as may be neces- sary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be expended under the direction of the Federal Farm Loan Board, for the purpose of carrying into effect the provisions of this Act, including the rent and equipment of nec- essary offices. (July 17, 1916, c. 245, § 33, 39 Stat. 384.) LIMITATION OF COURT DECISIONS § 9835 y. Effect of partial invalidity of act— If any clause, sentence, paragraph, or part Of this Act shall for any reason be adjudged by any Court Of competent jurisdiction to be invalid, such judg- ment shall not affect, impair, or invalidate the re- mainder of this Act, but shall be confined in its Op- eration to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (July 17, 1916, c. 245, § 34, 39 Stat. 384.) REPEALING CLAUSE § 9835Z. Acts repealed; time of taking effect of act; amendment—All Acts or parts of Acts in- consistent with this Act are hereby repealed, and this Act shall take effect upon its passage. The right to amend, alter, or repeal this Act is hereby express- Iy reserved. (July 17, 1916, c. 245, § 35, 39 Stat. 384.) TITLE LXIII—RIVERS, HARBORS, AND CANALs Chap. Sec. F. Danns and Water Power. . . . . . . . . . . . . . . . . . . . . . . 9976 G. The Mississippi River Commission. . . . . . . . . . . . 9993 GG. Waterways Commission. . . . . . . . . . . . . . . . . . . . . 10003/4a H. 10004 H.H. Control of Floods of Mississippi and Sacra- mento Fivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10030/ia I. The Panama Canal and the Canal Zone. ... . . . . 10031 Chap. * Sec. A. Navigable Waters. . . . . . tº e tº e º 'º e º e º a . . . . . . . . . . . . 9836 B. Inn proverments of Fivers and Harbors. . . . . . . . . 9863 C. Preservation and Protection of Rivers and Harbors and of improvernents. . . . . . . . . . . . . . 99.09 D. Anchorage Regulations. . . . . . . . . . . . . . . . . . . . . . . . 9947 DD. Regulation of Vessels in Ports of United States . . . . . . e e º e º e º º * tº ſº º e º e º ºs e º & . . . . . . . . . . .9959%a E. Bridges over Navigable Waters..... . . . . . . . . . . 9960 Chapter A–Navigable Waters Sec. 9836. Tolls; certain rivers in Alabama free from. 9837. Same; Canals on the Tennessee. 9838. Same; the Des Moines River. 9839. Same; Michigan City Harbor. 9839a. Government iron pier, Delaware Bay; open to public UIS 6. 9840. The Iowa River. 9841. Iowa River, Iowa. 9842. Mississippi River, West Channel, opposite La Crosse, Wisconsin. 98.43. Sturgeon Bay, Illinois. 9843a. Calumet River, Cook County, Illinois, outside of new channel lines. 9844. Mill Slough, Oregon. 98.44a. Ollala Slough, Oregon. 9845. Wisconsin and Fox Rivers. 9845a. Swan Creek, Toledo, Ohio. 9845b. Crum River. 9845c. Kyle and Young Canal; acceptance by United States; free public water way. 9846. Rivers in Louisiana. Cache River, Arkansas. Cuivre River, Missouri. Osage River, Missouri. Grand River, Missouri. One Hundred and Two River, Missouri. 9851. sº reservation of power to alter, amend, or repeal a.Ct. 9852. Nodaway River, Missouri. 9853. sº reservation of power to alter, amend, or repeal 3.Ct. - 9854. Big Tarkio River, Missouri. 9855 sº reservation of power to alter, amend, or repeal à,CL. 98.55a. Mosquito Creek, South Carolina. gº 9855b. Bayou Meto, Arkansas. 98.55C. Saint Marys River, Ohio and Indiana. 9856. Water-gauges on Mississippi River and tributaries. 9857. Gauging Waters of the Mississippi River and tributaries. 9858. Louisville and “Portland Canal. 9859. Same; tolls abolished. 9860. Tolls on United States canals abolished; reconstruction of Works; statement of expenses; Panama. Canal ex- Cepted. 98.61. Rºtions of use of navigable waters; violation of I’ll leS. 9862. Same; manner of enforcing regulations. 9862a. Same;., to , prevent injuries from Coast Artillery fire; detail of Vessels to enforce. § 9836. Tolls; certain rivers in Alabama free from—The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their Service, and for all citizens of the United States, ex- Cept as to Such tolls as may be allowed by act of Congress. (R. S. § 5244.) See § 4918. § 9837. Same; canals on the Tennessee—The assent of the United States is hereby given to any act which the legislature of the State of Alabama may pass for imposing a toll on the use of such parts of the Canal Or Canals which have been, or may be, Con- structed at Or around the Muscle and Colbert's Shoals of the river Tennessee. Such tolls shall be expended eXclusively. On the canals, and shall not exceed in amount the Sum required to keep them in repair, and to defray the expenses of lock-tenders, collectors, su- perintendents, and managers. This section shall not affect the exemption of the property of the United States, and all persons in their service, from any toll whatever. An annual report shall be made to the Secretary of the Treasury of the United States, of * the rate and amount of tolls charged or collected on Said canals, and their application. (R. S. § 5245.) See § 9860. * § 9888. Same; the Des Moines River—The Des Moines River shall forever remain free from any toll, Or Other charge whatever, for any property of the United States, or persons in their service, passing along the same. (R. S. § 5246.) § 9839. Same; Michigan City Harbor—The passage of Vessels to and from the harbor of Mich- igan City, in Indiana, shall be free and not subject to toll or charge. (R. S. § 5247.) § 9839a. Government iron pier, Delaware Bay; open to public use—Government iron pier in Delaware Bay near Lewes, Delaware: * * Here- after said pier shall be open to public use under regu- lations to be prescribed by the Secretary of War. (July 27, 1916, c. 260, § 1, 39 Stat. 394.) § 9846. The Iowa River—So much of the Iowa River Within the State Of Iowa as lies north of the toWn Of Wapello shall not be deemed a navigable river Or public highway, but dams and bridges may be con- structed across it. (R. S. § 5248.) § 9841. Iowa River, Iowa–So much of the Iowa River within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the COunty Of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it. (Aug. 18, 1894, c. 299, § 1, 28 Stat. 356.) --- § 9842. Mississippi River, West Channel, op- posite La Crosse, Wisconsin—That the branch Of the Mississippi River flowing between Grand Island and the mainland Opposite the City Of La Crosse, State of Wisconsin, and known as the West Channel, be, and the Same is hereby, declared unnavigable, and the said City Of La CrOSSe is, from and after the passage of this Act, relieved of the necessity of maintaining a draw or pontoon bridge Over said West Channel. (Feb. 23, 1901, c. 470, 31 Stat. 804.) § 98.43. Sturgeon Bay, Illinois—So much of the west fork of Sturgeon Bay within the county of Mer- cer and State Of Illinois as lies West Of the line be- tween the east half and the west half of the east half of section twenty-five, in township fourteen north, range six west of the fourth principal meridian, and so much of the east fork of Said Sturgeon Bay as lies north Of the north line of section thirty, in township fourteen north, range five west of the fourth prin- cipal meridian, shall not be deemed navigable waters of the United States. (Feb. 7, 1907, No. 13, 34 Stat. 1421.) § 98.43a. Calumet River, Cook County, Illi- nois, outside of new channel lines—The portion of the Old Channel of the Calumet River in the north quarter of fractional section seven, township thirty- seven north, range fifteen, east Of the third principal meridian, South of the Indian boundary line, in Cook County, Illinois, which lies outside of the new chan- nel lines as established by the United States and shown on “map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to a CCOmpany re- port of W. G. Ewing, United States attorney, to the Attorney General, respecting Cession Of right Of Way for improvement of said river, under act of CongreSS IPage 1616] ſh. A) ź 9855a RIVERS, HARBORS, AND CANALS [Page 1617] approved July fifth, eighteen hundred and eighty- four,” is hereby abandoned as navigable Water. (Feb. 27, 1915, c. 68, 38 Stat. 817.) § 9844. Mill Slough, Oregon—Mill Slough, a tidal tributary of Coos Bay, lying within the limits Of the City Of Marshfield, State of Oregon, is hereby declared to be not a navigable waterway of the Unit- ed States, within the meaning Of the laws enacted by COngress for the preservation and protection of Such waterways, and the consent of Congress is here- by given to the filling in of Said slough by the said city of Marshfield. (Oct. 23, 1913, c. 33, 38 Stat. 233.) § 98.44a. Oilala, Slough, Oregon—That all of that portion of Ollala Slough in Lincoln County, Ore- gon, above a point Where a line that is One hundred and tWenty rods South and running east and west and parallel with the section line between sections eight and Seventeen in township eleven South, range ten West Of the Willamette meridian, Crosses said stream, be, and is hereby, declared to be a nonnavigable stream. (Feb. 26, 1917, c. 119, 39 Stat. 937.) $ 9845, wisconsin and Fox Rivers—All tolls and revenues derived from the improvements made Or a CQuired in the Wisconsin River and the line of water communication between the Wisconsin River and the Fox River, after providing for the current expenses of Operating and keeping the same in re fifth principal meridian, and in the County of Benton, pair, shall be paid into the Treasury; and whenever the United States shall be re-imbursed for all Sums advanced for the same, with interest thereon, then the tolls shall be reduced to the least Sum which, to- gether with other revenues properly applicable there- to, if any, shall be sufficient to Operate and keep the improvements in repair. (R. S. § 5249.) § 9845a. Swan Creek, Toledo, Ohio–Swan Creek, a stream lying within the limits of the city of Toledo, State of Ohio, is hereby declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the pres- ervation and protection of such waterways, and the Consent Of Congress is hereby given for the filling in of said Creek by the local authorities. (March 4, 1915, c. 142, § 13, 38 Stat. 1055.) § 9845b. Crum River—Hereafter the said Crum River, as so straightened, shall be a public navigable stream, and the present course and channel of the Said river from the right of way of the Philadelphia and Reading Railway Company to the low-water line in the Delaware River shall be abandoned and va- Cated When the above-mentioned new channel shall have been completed to a depth of four feet at mean low water, with a bottom width of sixty-two feet and Width of One hundred feet at mean low-water level: Provided, That the Government shall have such right, title, and interest in and to the bed of said new chan- Inel as will assure the public the right to the per- petual use of said channel for all the purposes of navigation and commerce. (July 27, 1916, c. 260, § 1, 39 Stat. 393.) - § 9845e. Kyle and Young Canal; acceptance by United States; free public water way—There Shall be conveyed to the United States, free of cost, title to the land occupied by what is known as the “Kyle and Young Canal” and the “Morrison Land- ing extension” of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such width as in the judgment of the Secretary of War may be required for the future widening of said canal and extension by the United States; and the Secretary of War is hereby authorized to accept said land and navigation improvements as the property of the Unit- ed States upon the delivery to him by the owners of a clear and indefeasible title; and the said canal and extension Shall thereupon become a free public water- Way Of the United States in place of the existing nat- COMP.ST.’18—102 United States. ural bed of the river. (July 27, 1916, c. 260, § 1, 39 Stat. 396.) § 9846. Rivers in Louisiana—All the navigable rivers and waters in the former Territories of Or- leans and Louisiana shall be and forever remain pub- lic highways. (R. S. § 5251.) § 9846a. Cache River, Arkansas—That the Cache River in the State of Arkansas be, and the same is hereby, declared to be a nonnavigable stream. With- in the meaning of the Constitution and laws of the This provision shall become void aft- er one year from the date of the approval of this Act unless within said period the Legislature of Arkansas shall pass an act expressly approving this declaration. The right Of the Congress to alter, amend, or repeal this paragraph is hereby expressly reserved. (July 27, 1916, c. 260, § 1, 39 Stat. 399.) § 9847. Cuivre River, Missouri–Cuivre River, in the Counties of Lincoln and Saint Charles, in the State of Missouri, being the dividing line, is hereby declared not to be a navigable stream, and shall be so treated by the Secretary of War and all other au- thorities. (March 23, 1900, c. 88, 31 Stat. 50.) § 9848. Osage River, Missouri—The Osage Riv- er in the State of MissOuri above the point where the south line of sections fifteen and sixteen in town- ship forty- north, of range twenty-two west, of the State of Missouri, crosses said river, is hereby declar- ed not to be a navigable stream, and shall be so treat. ed by the Secretary of War and by all other authori- ties. (March 4, 1904, c. 393, 33 Stat. 58.) § 9849. Grand River, Missouri–Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said State, is hereby declar- ed to be not a navigable stream and shall be so treated by the Secretary of War and by all other au- thorities. (Feb. 15, 1905, c. 574, 33 Stat. 715.) § 9850. One Hundred and Two River, Mis- souri—That One Eſundred and TWO River SOuth Of the north boundary line of Andrew County, Missouri, as now located, be, and the same is hereby, declared to be not a navigable water of the United States with- in the meaning of the laws enacted by Congress for the preservation and protection of Such waters. (Feb. 15, 1910, c. 31, § 1, 36 Stat. 194.) * § 9851. Same; reservation of power to alter, amend, or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved. (Feb. 15, 1910, c. 31, § 2, 36 Stat. 194.) - - § 9852. Nodaway River, Missouri—That Noda- way River, in the counties of Andrew, Holt, and Nod- away, in the State of Missouri, be, and the same is hereby, declared to be not a navigable water of the Dnited States within the meaning Of the laws enacted by Congress for the preservation and protection of such waters. (Feb. 15, 1910, c. 32, § 1, 36 Stat. 194.) § 9853. Same; reservation of power to alter, amend, or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved. (Feb. 15, 1910, c. 32, § 2, 36 Stat. 194.) § 9854. Big Tarkio River, Missouri—That Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, be, and the same is hereby, declared to be not a navigable water of the United States within the meaning Of the laws enacted by Congress for the preservation and protection of such waters. (Feb. 15, 1910, c. 33, § 1, 36 Stat. 194.) § 98.55. Same; reservation of power to alter, amend, or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved. (Feb. 15, 1910, c. 33, § 2, 36 Stat. 194.) - § 98.55a. Mosquito Creek, South Carolina— That Mosquito Creek, in Colleton County, South Caro- lina, be, and the same is hereby, declared to be a non- navigable stream within the meaning of the Constitu- ź 98.55b (Tit. 63 RIVERS, HARBORs, AND CANALs tion and laws of the United States. 49, § 15, 40 Stat. 268.) § 98.55 b. Bayou Meto, Arkansas—That Bayou Meto, in the State of Arkansas, be, and the same is hereby, declared to be a nonnavigable stream within the meaning Of the Constitution and laws of the Unit- ed States. (Aug. 8, 1917, c. 49, § 16, 40 Stat. 268.) § 98.55c. Saint Marys River, Ohio and Indiana —That Saint Marys River, Ohio and Indiana, be, and the same hereby is, declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. (Aug. 8, 1917, c. 49, § 17, 40 Stat. 268.) § 9856. Water-gauges on Mississippi River and tributaries—The Secretary of War is hereby au- thorized and directed to have water-gauges establish- ed, and daily observations made of the rise and fall of the Lower Mississippi River and its chief tribu- taries, at or in the vicinity of Saint Louis, Cairo, Memphis, Helena, Napoleon, Providence, Vicksburgh, Red River Landing, Baton Rouge, and Carrollton, On the Mississippi, between the mouth of the MissOuri and the Gulf of Mexico; and at or in the vicinity of Fort Leavenworth, on the Missouri; Rock Island, On the Upper Mississippi; Louisville, on the Ohio; Flor- ence, On the Tennessee; Jacksonport, on the White River; Little Rock, on the Arkansas; and Alexan- dria, On the Red River; and at Such other places as the Secretary of War may deem advisable. The ex- penditure for the same shall be made from the ap- propriation for the improvement of rivers and har- bors; but the annual cost of the observations shall not exceed the sum of five thousand dollars. (R. S. § 5252.) - § 98.57. Gauging waters of Mississippi River and tributaries—For the purpose of securing the un- interrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in joint reso- lution of the twenty-first of February, eighteen hun- dred and seventy-one, upon the application of the Chief of Engineers, the Secretary of War is hereby authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for Such Sums as may be necessary to do Such work, not to exceed in the aggregate for each year the sum of nine thousand six hundred' dollars: Provided, how- ever, That an itemized Statement of Said expenses shall accompany the annual report of the Chief of En- gineers. (Aug. 11, 1888, c. 860, § 6, 25 Stat. 424, amended, June 13, 1902, c. 1079, § 9, 32 Stat. 374.) § 9858. Louisville and Portland Canal—The Secretary of the Treasury is directed to assume, on behalf of the United States, the control and manage- ment of the Louisville and Portland Canal in con- formity with the terms Of the joint resolution of the legislature of the State of Kentucky, approved March twenty-eight, eighteen hundred and seventy-two, at such time and in such manner as in his judgment the interests Of the United States, and the Commerce thereof, may require: Provided, That after the Unit- ed States shall assume control of said canal, the tolls thereon. On VeSSelS propelled by Steam Shall be reduced to twenty-five cents per ton, and on all other vessels in proportion. (R. S. § 5255.) - - § 9859. Same; tolls abolished—After the first (Aug. 8, 1917, c. day of July, eighteen hundred and eighty, no tolls shall be charged or collected at the Louisville and Portland Canal, but the Secretary of War shall be authorized to draw his warrant from time to time upon the Secretary of the Treasury to pay the actual expenses of Operating and keeping said Canal in re- pair. (May 18, 1880, c. 95, 21 Stat. 141.) § 98.60. Tolls on United States canals abolish- ed; reconstruction of works; statement of ex- penses; Panama Canal excepted—No tolls or Operating charges whatever shall be levied upon or collected from any VeSSel, dredge, or other Wa- [Page 1618] ter craft for passing through any lock, Canal, Ca- nalized river, or other work for the use and ben- efit of navigation, now belonging to the United States or that may be hereafter acquired or con- structed ; and for the purpose of preserving and COn- tinuing the use and navigation of said canals and Other public works without interruption, the Secre- tary of War, upon the recommendation of the Chief of Engineers, United States Army, is hereby author- ized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of Operating, maintaining, and keep- ing said works in repair, which warrants or requisi- tions shall be paid by the Secretary of the Treasury Out of any money in the Treasury not Otherwise ap- propriated: Provided, That whenever, in the judg- ment of the Secretary of War, the condition of any of the aforesaid works is such that its entire recon- Struction is absolutely essential to its efficient and economical maintenance and Operation as herein pro- vided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation: Provided further, That the modifica- tions are necessary to make the reconstructed work Conform to similar works previously authorized by Congress and forming a part of the same improve- ment, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of En- gineers before the work of reconstruction is commené- ed: Provided further, also, That an itemized state- ment Of Said expenses shall accompany the annual report of the Chief of Engineers: And provided fur- ther, That nothing herein contained shall be held to apply to the Panama Canal. (July 5, 1884, c. 229, § 4, 23 Stat. 147, March 3, 1909, c. 264, § 6, 35 Stat. 818.) - § 9861. Regulations of use of navigable wa- ters; violation of rules—It shall be the duty of the Secretary of War to prescribe such regulations for, the use, administration, and navigation of the navigable waters of the United States as in his judg- ment the public necessity may require for the pro- tection of life and property, or of Operations of the United States in channel improvement, covering all matters not Specifically delegated by law to some Oth- er executive department. Such regulations shall be posted, in Conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regula- tions shall be deemed guilty of a misdemeanor and, On conviction thereof in any district court Of the United States within whose territorial jurisdiction such Offense may have been committed, shall be pun- ished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. (Aug. 18, 1894, c. 299, § 4, 28 Stat. 362, amended, June 13, 1902, c. 1079, § 11, 32 Stat. 374, and Aug. 8, 1917, c. 49, § 7, 40 Stat. 266.) § 98.62. Same; manner of enforcing regula- tions—Any regulations heretofore Or hereafter pre- scribed by the Secretary of War in pursuance of the fourth and fifth Sections Of the river and harbor Act of August eighteenth, eighteen hundred and ninety- four, and any regulations hereafter prescribed in pur- suance of the aforesaid se&tion four as amended by section eleven of this Act, may be enforced as provid- ed in section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations. (June 13, 1902, c. 1079, § 6, 32 Stat. 374.) See §§ 9922, 9973. § 98.62a. Same; to prevent injuries from Coast Artillery fire; detail of vessels to enforce —In the interest of the national defense and for the Ch. B) ź 9863 RIVERS, HARRORS, AND CANALS [Page 1619 I better protection of life and property on said waters, the Secretary of War is hereby authorized and em- powered to prescribe such regulations as he may deem best for the use and navigation of any portion of areas of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Coast Ar- tillery fire in target practice or otherwise, or by the proving operations of the Government Ordnance prov- ing ground at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by submarine mines, mine fields, submarine cables, or Other material and accessories pertaining to seacoast fortifications; and the said Secretary of War shall have like power to regulate the transportation of ex- plosives upon any of said waters. That to enforce the regulations prescribed pursu- ant to this section the Secretary of War may detail any public vessel in the service of the War Depart- ment, or, upon the request of the Secretary of War, the head of any other department may enforce, and the head of any such department is hereby authoriz- ed to enforce, such regulations by means of any pub- lic vessel of such department. § 8, 40 Stat. 266.) - Chapter B–Improvements of Rivers Sec. and Harbors - 9863. Board of engineer officers. - 9864. Civil engineers on western and northwestern rivers. 9865. Employment of retired officers of Army or Navy. 9866. Preliminary examinations and reports; terminal and transfer facilities; water power development; im- provement of navigation. . 9866a. Preliminary examinations not to be made except when designated. - 9866b. Supplemental reports without order by concurrent res- olution prohibited. . 9867. Surveys of navigable streams to include investigations of watersheds; surveys for construction of dams. 9868. Review of reports by board of engineers; examinations º ºuest of committees of Congress; membership of Oa.I’C1. - 9869. Preliminary examinations and minor surveys and re- moval of Snags from tributaries of waterways. 9870. Channel depths and dimensions defined. . . ments. - . 9872. Annual report as to civilian engineers. 98.73. Annual report of engineers. - - - 9874. Report of deterioration in river and harbor improve- ments. - 9875. [Repealed.] - Printing of reports. 9876. Mileage of officers of Engineer Corps. 9877. Transportation of engineer officers. - 9878. Condemnation of land for river and harbor improve- ments; purchase; donations. 9871. Report of examinations of river and harbor improve- 9879. Contributions from private parties; return of excess to. contributing interests. 9880. Saint Marys Falls Ship Canal; demnation. - 9881. Condemnation of land for river and harbor improve- ments or for locks, dry docks, and dams in connec- tion there with, to be conveyed to United States free of cost, at expense of person, company, or Corporation. Acquisition of Chesapeake and Delaware Canal; chase or condemnation; proceedings. additional lands; COIl- 9881a. 9881b. 9881c. nation; proceedings. Condemnation of land for works of river and harbor improvement on behalf of state, or reclamation, flood control or drainage district. 9882. Sale of property acquired for river and harbor improve- ments authorized. 9883. Application of appropriations; contracts. 9884. Contracts for river and harbor improvements. 9885. Works of improvement of rivers and harbors to be car- ried on by contract or otherwise. - 9886. Same. 9886a. Same. 9887. Appropriations for completion of works, if insufficient therefor, applicable to prosecution of work. - Combination of two or more works in one contract; ap- plication of appropriations, insufficient for completion, to prosecution of work. 9889. Application of appropriations where separate works or items consolidated 9888. Sec. 9898. Ohio River; (Aug. 8, 1917, c. 49, pur- Acquisition of Cape Cod Canal; , purchase or condem- 9889a. Appropriations allotted to specific portions of New York Harbor; expenditure for maintenance. 9890. Expenditure of appropriations for river and harbor im- provements for dredging within harbor lines prohib- - ited. 9891. Hiring of dredging plants. 9891a. Same. . 9891b. Disposition of rentals for Government plants. 9892. Construction of fish-ways. - 9893. Mississippi River; regulations of use of reservoirs at headWaters; gaugings during operation of reservoirs. Same; South Pass; examinations and surveys; expend- itures. 9895. Same; operation of snag-boats. . 9896. Same; South Pass River; maintenance of channel. 9897. Same; South Pass; maintenance of channel; use of government dredges. operation of snag-boats. . 9899. Injuries by vessels engaged on river and harbor work, by collision with other vessel or pier. 9900. Shipping statistics furnished where river and harbor improvements are carried on. 9901. Same; failure to furnish. 9902. Classification of freight statistics; mileage. Experiments in transportation of heavy freights on Mississippi River. 9903. Navigable river improvements by private parties; ap- proval of plans. - 9904. Consent to construction of canal connecting waters of Puget Sound with Lake Washington; damages from construction; bond; canal to be property of United States, charges and tolls. collation of ton- 9905. Same; iimit of time for commencement and completion . of canal. 2 * 9906. Same; reservation of right to amend or repeal act. 9907. Authority to State of New Jersey or to commission, in- p dividual or corporation to improve channels on New Jersey sea coast. - 9908. Same; reservation of right to amend or repeal act. 9908a. Consent to agreements between Minnesota, North Da- kota and South Dakota for improvement of naviga- tion and flood control. § 9863. Board of engineer officers—There shall be organized in the Office of the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers, a board of [five] engi- neer officers, whose duties shall be fixed by the Chief of Engineers, and to whom shall be referred for con- sideration and recommendation, in addition to any other duties assigned, [so far as in the opinion of the Chief of Engineers may be necessary, all reports up- on examinations and surveys provided for by Con- gress, and all projects or changes in projects for works of river and harbor improvement heretofore or hereafter provided for. And the board shall sub- mit to the Chief of Engineers recommendations as to the desirability of commencing or continuing any and all improvements upon which reports are required. And in the consideration of such works and projects the board shall have in view the amount and charac- ter of commerce existing or reasonably prospective which will be benefited by the improvement, and the relation of the ultimate cost of such work, both as to cost of construction and maintenance, to the pub- lic commercial interests involved, and the public ne- Cessity for the work and propriety of its construc- tion, continuance, or maintenance at the expense of the United States. And such consideration shall be given as time permits to such works as have here- tofore been provided for by Congress, the same as in the case of new works proposed. The board shall,' when it considers the same necessary, and with the sanction and under Orders from the Chief of Engi- neers, make, as a board or through its members, per- sonal examinations of localities. And all facts, in- formation, and arguments which are presented to the board for its consideration in connection with any matter referred to it by the Chief of Engineers shall be reduced to and Submitted in writing, and made a part of the records of the Office of the Chief of Engi- neers. It shall further be the duty of said board, upon a request transmitted to the Chief of Engineers by the Committee on Rivers and Harbors of the House of Representatives, or the Committee on Com- merce Of the Senate, in the same manner to examine 3 9863 (Tit. 63 RIVERS, HARBORS, AND CANALS and report through the Chief of Engineers upon any projects heretofore adopted by the Government or upon which appropriations have been made, and re- port upon the desirability of continuing the same or upon any modifications thereof which may be deemed desirable. - . The board shall have authority, with the approval Of the Chief Of Engineers, to rent quarters, if neces- sary, for the proper transaction of its business, and to employ such civil employees as may, in the opin- ion of the Chief of Engineers, be required for prop- erly transacting the business assigned to it, and the necessary expenses Of the board shall be paid from allotments made by the Chief of Engineers from any appropriations made by Congress for the work or works to which the duties of the board pertain. (June 13, 1902, c. 1079, § 3, 32 Stat. 372.) Text in brackets superseded by §§ 9866, 9868. § 9864. Civil engineers on western and north- - western rivers—The Chief of Engineers may, With the approval of the Secretary of War, employ such civil engineers, not exceeding five in number, for the purpose of executing the surveys and improve- ments of western and northwestern rivers, Ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensa- tion for their services, not to exceed the sum of three thousand dollars a year. (R. S. § 5253.) § 9865. Employment of retired officers of Army or Navy—Section two of the Act making ap- propriations for the legislative, executive, and judi- cial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety- five, and for other purposes, approved July thirty- first, eighteen hundred and ninety-four, shall not be SO Construed as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the pay- ment by the proper officer of the Treasury of any amounts agreed upon as COmpensation for such em- ployment. (June 3, 1896, c. 314, § 7, 29 Stat. 235.) See § 3231. - - § 9866. Preliminary examinations and re- ports; terminal and transfer facilities; water power development; improvement of navigation —In all cases where preliminary examinations and Surveys are authorized a preliminary examination of the river, harbor, Or other proposed improvement mentioned shall first be made and a report as to the advisability of its improvement shall be submitted unless a Survey or estimate is expressly directed. If upon Such preliminary examination the proposed improvement is not deemed advisable, no further ac- tion shall be taken thereon without the further di- rection Of COngress; but in case the report shall be favorable to such proposed improvement, or that a Survey and estimate should be made to determine the advisability of improvement, the Secretary of War is authorized, in his discretion, to cause Sur- Veys to be made, and the cost and advisability to be reported to Congress. And such reports containing plans and estimates shall also contain a statement as to the rate at which the work should be prosecuted: Provided, That every report submitted to Congress, in addition to full information regarding the present and prospective commercial importance of the proj- ect COvered by the report and the benefit to com- merce likely to result from any proposed plan of im- proVement, Shall also contain such data as it may be practicable to secure in regard to the following Subjects: (a) The existence and establishment of both private and public terminal and transfer facilities contigu- Ous to the navigable water proposed to be improved, and, if Water terminals have been constructed, the [Page 16201 general location, description, and use made of the Same, with an Opinion as to their adequacy and effi- ciency, whether private or public. If no public termi- nals have been constructed, or if they are inadequate in number, there shall be included in the report an Opinion in general terms as to the necessity, number, and appropriate location of the same, and also the necessary relations of such proposed terminals to the development of Commerce. . (b) The development and utilization of water pow- er for industrial and Commercial purposes. (c) Such other subjects as may be properly con- nected with such project: Provided, That in the in- vestigation and study of these questions consideration shall be given only to their bearing upon the improve- ment of navigation, to the possibility and desirability of their being coordinated in a logical and proper manner with improvements for navigation to lessen the cost of such improvements and to compensate the Government for expenditures made in the interest of navigation, and to their relation to the development and regulation Of commerce: Provided further, That the investigation and study of these questions may, upon review by the Board of Engineers for Rivers and Harbors when called for as provided by law, be extended to any work of improvement under way and to any locality the examination and survey of which has heretofore been, Or may hereafter be, au- thorized by Congress. - All reports on examinations and surveys which may be prepared during the recess of Congress shall, in the discretion of the Secretary of War, be printed by the Public Printer as documents of the following session of Congress. (March 4, 1913, c. 144, § 3, 37 Stat. 825.) . - See § 28.136. . - § 9866a. Preliminary examinations not to be made except when designated—No preliminary ex- amination, Survey, project, or estimate for new works other than those designated in this or some prior Act or joint resolution shall be made. (Aug. 8, 1917, c. 49, § 4, 40 Stat. 261.) § 9866b. Supplemental reports without or— der by concurrent resolution prohibited—After the regular Or formal reports made as required by law on any examination, Survey, project, or work under way or proposed are submitted no supplement- al Or additional report Or estimate shall be made un- less ordered by a concurrent resolution of Congress. (Aug. 8, 1917, c. 49, § 4, 40 Stat. 261.) * § 9867. Surveys of navigable streams to in- clude investigations of watersheds; surveys for construction of dams—The surveys of navigable Streams herein. Or hereafter authorized shall include Such Stream-flow measurements and Other investiga- tions of the watersheds as may be necessary for prep- aration of plans Of improvement and a proper consideration of all uses of the stream affecting navi- gation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the Con- struction of dams in navigable streams is granted, Or is under consideration by Congress, such surveys and investigations, of the sections of the streams af- fected may be made as are necessary to secure Con- formity with rational plans for the improvement of the streams for navigation. (June 25, 1910, c. 382, § 3, 36 Stat. 669.) § 9868. Review of reports by board of engi- neers; examinations on request of committees, of Congress; membership of board—All reports On examinations and Surveys authorized by law shall be reviewed by the Board of Engineers for IRivers and Harbors as provided for in section three of the river and harbor Act approved June thirteenth, nine- teen hundred and two, and all Special reports Ordered by Congress shall, in the discretion of the Chief of Engineers, be reviewed in like manner by said board; Ch. B) 3 9878 RIVERS, HARBORS, AND CANALS [Page 1621] and the said board Shall also, On request by resolu- tion of the Committee on Commerce Of the Senate Or the Committee on Rivers and Harbors of the House of Representatives, submitted to the Chief of Engi- neers, examine and review the report Of any examina- tion or survey made pursuant to any Act or resolu- tion of Congress, and report thereon through the Chief of Engineers, United States Army, who shall Submit his conclusions thereon as in other cases: Provided, That in no case shall the board, in its report thus called for by committee resolution, ex- tend the Scope of the project contemplated in the original report upon which its examination and re- view has been requested, or in the provision of law authorizing the Original examination or survey: Pro- Vided further, That said board shall consist of seven members, a majority of whom shall be of rank not less than lieutenant colonel. (March 4, 1913, c. 144, § 4. 37 Stat. 826.) § 98.69. Preliminary examinations and minor survey's and removal of snags from tributaries of waterways—The Chief of Engineers, in his discre- tion, and after approval by the Secretary of War, is hereby authorized to make preliminary examinations and minor Surveys and to remove Snags and Other temporary or readily removable Obstructions from tributaries of waterways already under Federal im- proVement Or in general use by navigation, to be paid from the appropriations for the adjoining waterways: Provided, That the cost of such work in any single year Shall not exceed five hundred dollars per tribu- tary. (July 25, 1912, c. 253, § 1, 37 Stat. 222.) § 9870. Channel depths and dimensions de- fined—In the preparation of projects under this and Subsequent river and harbor Acts, unless otherwise eXpressed, the channel depths referred to shall be understood to signify the depth at mean low water in tidal waters tributary to the Atlantic and Gulf COaStS and at mean lower low Water in tidal Waters tributary to the Pacific coast and the mean depth for a Continuous period of fifteen days of the low- est water in the navigation season of any year in rivers and non-tidal channels, and the channel di- mensions specified shall be understood to admit of Such increase at the entrances, bends, sidings, and turning places as may be necessary to allow Of the free movement of boats. (March 4, 1915, c. 142, § 5, 38 Stat. 1053.) § 98.71. Report of examinations of river and harbor improvements—The Secretary of War shall cause to be prepared and submitted to Congress, in COnnection with the reports of examinations and Surveys of rivers and harbors hereafter made by Order of Congress, full statements of all existing facts tend- ing to show to what extent the general commerce of the country will be promoted by the several works Of improvements contemplated by such examinations and Surveys, to the end that public moneys shall not be applied excepting where Such improvements shall tend to subserve the general commercial and navi- gation interests of the United States. (R. S. § 231.) § 9872. Annual report as to civilian engineers —The Secretary of War shall report to Congress, at its next and each succeeding session thereof, the name and place of residence of each Civilian engineer employed in the work of improving rivers and harbors by means and as the result of appropriations made in this and succeeding river and harbor appropriation bills, the time so employed, the compensation paid, and the place at and work on which employed. 5, 1886, c. 929, § 8, 24 Stat. 335.) § 98.73. Annual report of engineers—The Sec- retary of War shall cause the manuscript of the an- nual report Of the Chief of Engineers and subordi- nate engineers, relating to the improvement of rivers and harbors, and the report of the Mississippi [and MissOuri] River Commissions to be placed in the (Aug. hands of the Public Printer On Or before the fifteenth day of October in each year, and the Public Printer Shall cause said reports to be printed with an ac- Curate and comprehensive index thereof, On Or be- fore the first Monday in December in each year, for the use of Congress. (Aug. 11, 1888, c. 860, § 8, 25 Stat. 424.) Text in brackets superseded by abolition of Missouri ºr, ºmmission by Act June 13, 1902, c. 1079, § 1, 32 § 9874. Report of deterioration in river and harbor improvements—The Secretary of War shall Cause the Chief Of Engineers of the United States Army, in submitting his annual reports to Congress With regard to works of river and harbor improve- ment under his charge, to state what deterioration, if any, has taken place by destruction, decay, obstruc- tions, or otherwise, in connection with any of such Works, together with an estimate of the cost of re- building, or repairing such works, or removing such obstructions; and he shall also cause the said Chief of Engineers to recommend, with his reasons there- for, the discontinuance of appropriations for any river and harbor work which he may deem unworthy of further improvement. (March 3, 1899, c. 425, § 7, 30 Stat. 1150.) § 9875. [Repealed.] - This section, ... which was a provision of Act July 25, 1912, c. 253, § 13, 37 Stat. 234, read as follows: “The print- ing of matter relating to river and harbor works, in- cluding all reports, compilations, regulations, and So forth, whose preparation is allowable under War Department regulations, may, upon recommendation of the Chief of Engineers and approval by the Secretary of War, be paid for from river and harbor appropriations.” It was re- pealed by Act July 1, 1916, c. 209, § 1 (§ 9875a). § 9875a. Printing of reports—Section thirteen of the river and harbor appropriation Act approved July twenty-fifth, nineteen hundred and twelve, which authorizes the payment for printing of matter relat- ing to river and harbor works from river and harbor appropriations, is repealed, and hereafter such print- ing shall be done and paid for out of regular an- nual appropriations for printing and binding for the War Department. (July 1, 1916, c. 209, § 1, 39 Stat. 330.) - § 9876. Mileage of officers of Engineer Corps —In determining the mileage of officers of the Corps of engineers traveling without troops on duty con- nected. With works under their charge, no deduction shall be made for such travel as may be necessary On free or bond-aided Or land-grant railways. (Sept. 19, 1890, c. 907, § 15, 26 Stat. 456.) § 9877. Transportation of engineer officers— In their execution and inspection of river and har- bor improvement work, at points beyond easy reach of ordinary regular transportation lines, Engineer Officers are authorized to hire and use Such transpor- tation as they may consider desirable and advantage- ous to the progress of work. (July 25, 1912, , C. 253, § 9, 37 Stat. 233.) - § 9878. Condemnation of land for river and harbor improvements; purchase; donations—The Secretary of War may cause proceedings. to be in- stituted, in the name Of the United States, in any court having jurisdiction of such proceedings, for the acquirement by Condemnation of any land, right of way, or material needed to enable him to maintain, Operate or prosecute works for the improvement of rivers and harbors for which provision has been made by law ; such proceedings to be prosecuted in accord- ance with the laws relating to suits for the condemna- tion of property of the States wherein the proceed- ings may be instituted: Provided, however, That when the Owner of Such land, right of Way, or material shall fix a price for the same, which in the Opinion Of the Secretary of War, shall be reasonable, he may purchase the same at such price without further de- lay: And provided further, That the Secretary of War is hereby authorized to accept donations of lands Ž 9879 (Tit. 63 RIVERs, HARBORS, AND CANALS [Page 1622I or materials required for the maintenance or prosecu- tion of such works. (April 24, 1888, c. 194, 25 Stat. 94.) § 9879. Contributions from private parties; return of excess to contributing interests—The Secretary of War is hereby authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appro- priated by the United States for any authorized Work of public improvement of rivers and harbors When- ever such work and expenditure may be considered by the Chief of Engineers as advantageous to the in- terests of navigation: Provided, That when contribu- tions heretofore or hereafter made by local interests for river and harbor improvements, in accordance with specific requirements or under general authority. of Congress, are in excess Of the actual Cost of the work contemplated and properly chargeable to Such Contributions, such excess Contributions may, with the approval of the Secretary of War, be returned to the proper representatives of the contributing inter- ests, unless the provision of law under which the contribution is made requires that the entire con- tribution be retained by the United States. (March 4, 1915, c. 142, § 4, 38 Stat. 1053.) - § 9880. Saint Marys Falls Ship Canal; addi- tional lands; condemnation—The ownership in fee simple absolute by the United States of all lands and property of every kind and description north of the present Saint Marys Falls Ship Canal throughout its entire length and lying between said ship canal and the international boundary line at Sault Sainte Marie, in the State of Michigan, is necessary for the pur- poses of navigation of said waters and the waters Connected there with. - The Secretary of War is hereby directed to take proceedings immediately for the acquisition by Con- demnation or otherwise Of all of said lands and prop- erty of every kind and description, in fee simple absolute. He shall proceed in Such taking by filing in the office of the register of deeds of Chippewa Coun- ty, in the State of Michigan, a Writing, stating the purpose for which the same is taken under the pro- visions of this section, and giving a full description Of all the lands and property Of every kind, and de- Scription thus to be taken. After the filing of said writing, and ten days after publication thereof in one Or more newspapers in the City of Sault Sainte Marie, in the State of Michigan, the United States shall be entitled to, and shall take, immediate possession of the property described, and may at once proceed with Such public Works thereon as have been authorized by Congress for the uses of navigation. The [circuit] court of the United States for the western district of Michigan is hereby given exclusive jurisdiction to hear Condemnation proceedings and to determine what compensation shall be awarded for property taken under authority of this section. After the taking of any property by the Government of the United States, as herein provided for, the United States, by . its proper officials, shall begin condemna- tion proceedings in the aforesaid court, and the prac- tice shall be in accordance with the practice in the courts of the State Of Michigan for the Condemnation Of lands by the State for public buildings Of Such State So far as the same may be followed without Conflicting with the provisions hereof. Possession may be taken by the United States prior to a deter- mination by a court of any necessity of taking, and prior to any determination of the amount of compen- sation. Any money payable by the Government un- der the provisions of this section shall be payable out of any money heretofore authorized or appropriated for the purpose of improving Saint Marys River at the falls, Michigan. Stat. 820.) - Text in brackets superseded by §§ 1266–1268. (March 3, 1909, c. 264, § 11, 35 § 9881. Condemnation of land for river and harbor improvements or for locks, dry docks and dams in connection there with, to be convey- ed to United States free of cost, at expense of person, company, or corporation—Whenever any person, company, or corporation, municipal or private, shall undertake to secure any land or easement there- in needed in Connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, or for the purpose of constructing, maintaining, and operating locks, dry docks, or other works to be conveyed to the United States free Of cost, and of constructing, maintaining and operating dams for use in connection therewith, and shall be unable for any reason to obtain the Same by purchase and acquire a valid title thereto, the Secretary of War may, in his discretion, Cause proceedings to be instituted in the name of the United States for the aCQuirement by Condemnation of Said land Or ease- ment, and it shall be the duty of the Attorney-General Of the United States to institute and Conduct Such proceedings upon the request of the Secretary of War: Provided, That all expenses of Said proceedings and any award that may be made thereunder shall be paid by the said person, company, or corporation, to Secure which payment the Secretary of War may re- Quire the Said person, COmpany, Or Corporation to execute a proper bond in Such amount as he nuay deem necessary before Said proceedings are COm- menced. (May 16, 1906, c. 2465, 34 Stat. 196, amend- ed, June 29, 1906, c. 3628, 34 Stat. 632.) § 9881a. Acquisition of Chesapeake and Dela- ware Canal; purchase or condemnation; proceed- ings—The Secretary of War is hereby authorized to enter into negotiations for the purchase of the exist- ing Chesapeake and Delaware Canal, and all the property, rights of property, franchises, and appurte- nances used or acquired for use in connection there- with or appertaining thereto ; and he is further au- thorized, if in his judgment the price is reasonable and satisfactory, to make a contract for the purchase of the same, subject to future ratification and appro- priation by Congress. In the event of the inability of the Secretary Of War to make a satisfactory Contract for the voluntary purchase of Said Canal and its ap- purtenances, he is hereby authorized and directed through the Attorney General to institute and to carry to completion proceedings for the condemnation of the said canal and its appurtenances, the accept- ance of the award in said proceedings to be subject to future ratification and appropriation by CongreSS. Such condemnation proceedings shall be instituted and conducted in, and jurisdiction of said proceedings is hereby given to, the District Court of the United States for the District of Delaware substantially as provided in “An Act to authorize condemnation of land for sites for public buildings, and for other pur- poses,” approved August first, eighteen hundred and eighty-eight, and the sum of $5,000 is hereby appro- priated to pay the necessary costs thereof and ex- penses in connection therewith. (Aug. 8, 1917, c. 49, § 1, 40 Stat. 253.) - § 988.11b. Acquisition of Cape Cod Canal; pur- chase or condemnation; proceedings—WaterWay connecting Buzzards Bay and Cape Cod Bay, Massa- chusetts: The Secretary of War, the Secretary of the Navy, and the Secretary of Commerce are hereby authorized to examine and appraise the value of the Works and franchises of the Cape Cod Canal, Massa- chusetts, connecting Buzzards and Cape Cod Bays, with reference to the advisability of the purchase of said canal by the United States and the construction Over the route of the said canal of a free WaterWay, with "Or without a guard lock, and having a depth and capacity sufficient to accommodate the navigation in- terests that are affected thereby. This investigation shall be conducted under the direction of the Secre- Ch. B) # 9887 RIVERS, HARRORS, AND CANALS [Page 1623] tary of War and the supervision of the Chief of Engi- neers in the usual manner provided by law for mak- ing preliminary examinations and surveys except that the Secretary of War shall call upon the Secretary of the Navy and the Secretary of Commerce for such data and evidence as these Secretaries may Wish to have incorporated in the report of survey, and fur- ther, that the final report of the investigation, with its conclusions upon probable cost and Commercial advantages, and military and naval uses Of the Said Canal, shall be submitted to the Secretary of War, the Secretary of the Navy, and the Secretary of Com- merce for their action before it is transmitted to Con- greSS. p If the said Secretaries are all in favor of the ac- quisition of the said canal, the Secretary of War is hereby further authorized to enter into negotiations for its purchase, including all property, franchises, and appurtenances used or acquired for use in Con- nection therewith or appertaining thereto ; and he is further authorized, if in the judgment of the Secretary of War, the Secretary of the Navy, and the Secre- tary of Commerce, that the price for such canal is reasonable and satisfactory, to make Contracts for the purchase of the same, at the Option of the Unit- ed States, subject to future ratification and appro- priation by the Congress ; Or, in the event of the ina- bility of the Secretary of War to make a satisfactory contract for the voluntary purchase of said Cape Cod Canal and its appurtenances, he is hereby authorized and directed, through the Attorney General, to insti- tute and carry to completion proceedings for the Con- demnation of said Canal and its appurtenances, the acceptance of the award in said proceedings to be subject to the future ratification and appropriation by Congress. Such condemnation proceedings shall be instituted and conducted in, and jurisdiction of said proceedings is hereby given to, the district court of the United States for the district of Massachusetts, substantially as provided in “An Act to authorize condemnation of land for sites for public buildings, and for other purposes,” approved August first, eight- een hundred and eighty-eight; and the sum of $5,000 is hereby appropriated to pay the necessary costs thereof and expenses in connection therewith. The Secretary of War is further authorized and directed to report the proceedings hereunder to Congress. (Aug. 8, 1917, c. 49, § 4, 40 Stat. 262.) § 9881c. Condemnation of land for works of river and harbor improvement on behalf of state, or reclamation, flood control or drainage district —Whenever any State, or any reclamation, flood con- trol Or drainage district, or other public agency cre- ated by any State, shall undertake to secure any land or easement therein, needed in connection with a Work of river and harbor improvement duly author- ized by Congress, for the purpose of conveying the Same to the United States free of cost, and shall be unable for any reason to obtain the same by pur- Chase and acquire a valid title thereto, the Secretary of War may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and con- duct such proceedings upon the request of the Secre- tary of War:. Provided, That all expenses of said proceedings and any award that may be made there- under shall be paid by such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to secure, which payment the Secretary of War may require such State, or reclama- tion, flood Control or drainage district, or other pub- lic agency as aforesaid, to execute a proper bond in Such amount as he may deem necessary before said proceedings are commenced. (Aug. 8, 1917, c. 49, § 9, 40 Stat. 267.) - . ſ COrding to such contract. § 9882. Sale of property acquired for river and harbor improvements authorized—When any land or other property which has been heretofore or may be hereafter purchased or acquired for the improve- ment of rivers and harbors is no longer needed, or is no longer serviceable, it may be sold in Such manner as the Secretary of War may direct, and the proceeds credited to the appropriation for the work for which it was purchased or acquired; and the Secretary of War may direct the transfer of any property em- ployed in river and harbor works, and in such event the property so transferred shall be valued and cred- ited to the project upon which it was theretofore used and charged to the project to which it shall be transferred. The Secretary may also direct a temporary transfer of any property employed in the improvement of rivers and harbors whenever, in his judgment, such transfer would secure efficient Or economical results, and such adjustment in the way of charges and credits shall be made between the proj- ects affected as may be équitable. (June 13, 1902, c. 1079, § 5, 32 Stat. 373.) * § 9883. Application of appropriations; con- tracts—It shall be the duty of the Secretary of War to apply the money herein and hereafter appropri- ated for improvements of rivers and harbors, Other than Surveys, estimates and gaugings, in carrying On the Various works, by contract or otherwise, as may be most economical and advantageous to the GOV- ernment. Where said Works are done by contract, Such COntract shall be made after Sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall prescribe; and Such contracts shall be made with the lowest respon- Sible bidders, accompanied by such securities as the Secretary of War shall require, conditioned for the faithful prosecution and completion of the work ac- (Aug. 11, 1888, c. 860, § 3, 25 Stat. 423.) - - § 9884. Contracts for river and harbor im- provements—Nothing contained in section thirty-sev- en hundred and seventeen of the Revised Statutes of the United States, nor in section three of the river and harbor act of August eleventh, eighteen hundred and eighty-eight, shall be so construed as to prohibit Or prevent the Cumulation Of two Or more Works Of river and harbor improvement in the same proposal and Contract, where such works as situated in the same region and of the same kind or character. (Sept. 19, 1890, c. 907, § 2, 26 Stat. 452.) See § 6858. - § 9885. Works of improvement of rivers and harbors to be carried on by contract or other- wise—All works of improvement heretofore or herein authorized to be prosecuted or completed under Con- tracts may, in the discretion of the Secretary of War, be carried on by contract or otherwise, as may be most economical Or advantageous to the United States. (March 2, 1907, c. 2509, § 1, 34 Stat. 1110.) See § 9886. § 9886. Same—All works of improvement herein Or hereafter authorized to be prosecuted or completed under Contracts may, in the discretion of the Secre- tary of War, be carried on by contract or otherwise, as may be most economical or advantageous to the United States. (July 25, 1912, c. 253, § 1, 37 Stat. 222.) s § 9886a. Same—The work proposed under the project adopted by the river and harbor Act approved July twenty-fifth, nineteen hundred and twelve, may be done by Contract if reasonable prices can be ob- tained. (Aug. 8, 1917, c. 49, § 1, 40 Stat. 255.) § 9887. Appropriations for completion of works, if insufficient therefor, applicable to prosecution of work—In all cases in which appro- priations Or authorizations have heretofore been made, or are herein made, for the completion of river and harbor works, and the amounts appropriated or au- wº Ž 9888. (Tit. 63 RIVERS, HARBORS, AND CANALS IPage 16241 thorized shall prove insufficient for completion, the Secretary of War may, in his discretion, on the recom- mendation of the Chief of Engineers, apply such amounts appropriated or authorized for the prosecu- tion of such work. (March 2, 1907, c. 2509, § 1, 34 Stat. 1111.) - - - - § 9888. Combination of two or more works in one contract; application of appropriations, in- sufficient for completion, to prosecution of work —Whenever the appropriations made by Congress for river and harbor works can be more advantageously expended by combining in one contract two or more WOrks, Such COmbinations shall be made. And When- ever the appropriations made, or authorized to be made, for the completion of any river and harbor Work shall prove insufficient therefor, the Secretary of War may, in his discretion, on the recommenda- tion of the Chief of Engineers, apply the funds SO appropriated or authorized to the prosecution of Such work. (July 25, 1912, c. 253, § 8, 37 Stat. 233.) See § 9884. - § '9889. Application of appropriations where separate works or items consolidated—Where Sep- arate works or items are consolidated in this or sub- Sequent river and harbor Acts and an aggregate amount is appropriated therefor, any balances re- maining to the credit Of the separate Works or items may be transferred to the Credit Of the corresponding aggregate amounts appropriated for the consolidated items, and the amounts appropriated or transferred Shall, unless otherwise expressed, be expended in se- Curing maintenance and improvement according to the respective projects adopted by Congress, after giving due regard to the respective needs of traffic. The allotments to the respective works consolidated Shall be made by the Secretary of War upon recom- mendations by the Chief of Engineers. In case such Works or items are consolidated and separate amounts are given With each project, the amounts so named Shall be expended upon such separate projects un- less, in the discretion of the Secretary of War, an- Other allotment Or division should be made Of the Same. Any balances remaining to the credit of the COnSOlidated item's shall be carried to the Credit of the respective aggregate amounts appropriated for the consolidated items. (March 4, 1915, c. 142, § 3, 38 Stat. 1052.) - § 9889a. Appropriations allotted to speeific portions of New York Harbor; expenditure for maintenance—So much as may be necessary of this and any other appropriations made herein or here- after for specific portions of New York Harbor and its immediate tributaries may be allotted by the Secretary of War for the maintenance of these Water- Ways by the Collection and removal of drift. (Aug. 8, 1917, c. 49, § 1, 40 Stat. 252.) § 9890. Expenditure of appropriations for river and harbor improvements for dredging within harbor lines prohibited—No money appro- priated for the improvement of rivers and harbors in this act or hereafter, shall be expended for dredging inside of harbor lines duly established. (July 13, 1892, c. 158, § 5, 27 Stat. 111.) - - § 9891. Hiring of dredging plants—Whenever it shall become, in the opinion of the Secretary of War, necessary or desirable to hire a dredging plant Or plants for the performance of any of the public Work carried on under his direction the said Secretary may, in his discretion, agree for the same, either in the manner now customary or on the basis of an equitable reimbursement for deterioration of plant when in use by the Government, and a reasonable per- centage of the total cost of the work. 1907, c. 2509, § 5, 34 Stat. 1119.) § 98.91a. Same—In all cases where the authorized project for a work of river or harbor improvement provides for the construction or use of Government (March 2, dredging plant, the Secretary of War may, in his dis- Cretion, have the work done by contract if reasonable prices can be obtained. (Aug. 8, 1917, c. 49, § 3, 40 Stat. 261.) - § 9891b. Disposition of rentals for Govern- ment plants—Amounts hereafter paid by private par- ties or Other agencies for rental of plant owned by the Government in connection with the prosecution of river and harbor works shall be deposited in each Case to the credit of the appropriation to which the plant belongs. (Aug. 8, 1917, c. 49, § 13, 40 Stat. 268.) § 9892. Construction of fish-ways—Whenever the improvements provided for by this act, or those Which have heretofore been prosecuted by the United States, or may hereafter be undertaken, shall be found to operate (whether by lock and dam or other- Wise), as obstructions to the passage of fish, the Secretary of War may, in his discretion, direct and cause to be constructed practical and sufficient fish- ways, to be paid for Out of the general appropria- tions for the streams On which Such fish-ways may be constructed. (Aug. 11, 1888, c. 860, § 11, 25 Stat. 425.) § 98.93. Mississippi River; regulations of use of reservoirs at headwaters; gaugings during operation of reservoirs—For continuing Operations upon the reservoirs at the headwaters of the Missis- sippi River, * * And it shall be the duty of the Sec- retary Of War to prescribe such rules and regulations in respect to the use and administration of said res- ervoirs as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place Or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding five hundred dollars, or imprisonment, not exceeding Six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of War shall cause such gaugings to be made at or near Saint Paul dur- ing the annual Operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropria- tion for gauging the waters of the Mississippi River and its tributaries. (Aug. 11, 1888, c. 860, § 1, 25 Stat. 419.) § 9894. Same; South Pass; examinations and surveys; expenditures—For the purpose Of Securing the uninterrupted examinations and surveys at the South Pass of the Mississippi River, as provided for in the Act of March third, eighteen hundred and seventy-five, the Secretary of War, upon the appli- cation of the Chief Of Engineers is hereby authorized to draw his warrant Or requisition from time to time upon the Secretary of the Treasury for such Sums as may be necessary to do Such work, not to exceed in the aggregate for each year the amount ap- propriated in this act for such purpose: Provided, however, That an itemized statement of said expendi- tures shall accompany the Annual Report of the Chief of Engineers. (Aug. 11, 1888, c. 860, § 4, 25 Stat. 424.) - § 9895. Same; operation of snag-boats—For the purpose of securing the uninterrupted work of operating snag-boats on the Upper Mississippi River, and of removing Snags, Wrecks, and Other Obstructions in the Mississippi River, the Secretary of War, upon the application of the Chief of Engineers, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the amounts appropriated in this act for such purposes: Provided, however, That an itemized statement of said expens- es shall accompany the annual report of the Chief Ch. B) a 9904 RIVERS, HARBORS, AND CANALS [Page 1625I of Engineers. (Aug. 11, 1888, c. 860, § 7, 25 Stat. 424.) § 9896. Samme; South Pass; maintenance of channel—The Secretary of War is hereby authorized, in his discretion, to terminate the contract hereto- fore entered into with the late James B. Eads for the maintenance of the channel through the South Pass of the Mississippi River, * * In case of the termination of said contract, by virtue of the provi- Sions hereof Or by expiration Of said contract the Secretary of War is hereby directed to take charge Of said channel, including the jetties, and all auxiliary Works connected therewith, and thereafter to main- tain with the utmost efficiency said South Pass Chan- nel; and for that purpose he is authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for by law, for such sums of money as may be necessary, not to exceed in the aggregate for any One year One hundred thousand dollars. (June 6, 1900, c. 790, § 3, 31 Stat. 584.) . . § 9897. Same; South Pass; channel; use of government dredges—The Secre- tary of War is hereby directed to maintain the Chan- nel' in the South Pass of the Mississippi River with the utmost efficiency, and for that purpose the dredge boat Beta, or any other available government dredge, . -- j be used. (June 13, 1902, c. 1079, § 1, 32 Stat. 40.) - § 9898. Ohio River; operation of snag-boats —For the purpose of securing the uninterrupted work Of Operating snag-boats on the Ohio River and re- moving Snags, wrecks, and other obstructions in said river, the Secretary of War, upon the application Of the Chief of Engineers, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of fifty thou- Sand dollars: Provided, however, That an itemized Statement of said expenses shall accompany the an- nual report of the Chief of Engineers. (Sept. 19, 1890, c. 907, § 13, 26 Stat. 455, amended, June 3, 1896, c. 314, § 3, 29 Stat. 234.) § 98.99. Injuries by vessels engaged on river and harbor work, by collision with other ves- sel or pier—Whenever any vessel belonging to or em- ployed by the United States engaged upon river and harbor work collides with and damages another ves- Sel, pier, or other legal structure belonging to any perSon or corporation, the Chief of Engineers shall CauSe an immediate and thorough examination to be Imade, and, if in his judgment the facts and circum- Stan Ces Of the Collision are such as to make the whole or any part of the damage inflicted a proper charge against the United States, the Chief of Engi- neers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages Caused by Such collision in cases Where the claim for damage does not exceed five hundred dollars, and report the same to Congress for Consideration. (June 25, 1910, c. 382, § 4, 36 Stat. 676.) - § 9900. Shipping statistics furnished where river and harbor improvements are carried on— OWners, agents, masters, and clerks of vessels arriv- ing at or departing from localities where Works of river and harbor improvement are Carried On Shall furnish, On application of the persons in local charge Of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. (Feb. 21, 1891, C. 252, § 1, 26 Stat. 766.) § 9901. Same; failure to furnish—Every per- SOn or perSons offending against the provisions of this act Shall, for each and every Offense, be liable to a fine Of One hundred dollars, or imprisonment not ex- Ceeding tWO months, to be enforced in any district maintenance of court in the United States within whose territorial jurisdiction such offense may have been committed. (Feb. 21, 1891, c. 252, § 2, 26 Stat. 766.) § 9902. Classification of freight statistics; collation of ton-mileage—In the collection of Sta- tistics relating to traffic, the Corps of Engineers is directed to adopt a uniform system of classification for freight, and upon rivers or inland waterWays to collate ton-mileage statistics as far as practicable. (July 25, 1912, c. 253, § 1, 37 Stat. 201.) § 99.02a. Experiments in transportation of heavy freights on Mississippi River—The Chief of Engineers, or such board as the Secretary Of War may appoint, shall, within two years after the pas- . sage of this Act, make such experiments in the transportation of heavy freights on said Mississippi River between the mouth of the Ohio River and Saint Louis and between Dubuque, Iowa, and Minneapolis, Minnesota, at all stages of water in said river, With the experimental tows and barges described in House Document Numbered Eight hundred and fifty-Seven, Sixty-third Congress, second session, as will fully demonstrate the economy or lack of economy in the transportation of such heavy freights, and particu- larly upstream in parts of said river in which said improvement has been completed or practically COm- pleted, and for the making Qf SuGh experiments Said Chief of Engineers or board is hereby authorized to use not to exceed $50,000 of the unexpended bal- ance of the $500,000 appropriated by the Act of June twenty-fifth, nineteen hundred and ten, for de- signing and constructing experimental tow-boats and barges and loading and unloading facilities for tow- ing and delivering supplies along the Mississippi River and its tributaries. (July 27, 1916, c. 260, § 1, 39 Stat. 403.) § 99.03. Navigable river improvements by private parties; approval of plans—Any person Or persons, Corporations, municipal or private, who de- sire to improve any navigable river, or any part thereof, at their Or its own expense and risk may do so upon the approval of the plans and specifica- tions of said proposed improvement by the Secretary Of War and Chief of Engineers of the Army. The plan of said improvement must conform with the general plan of the Government improvements, must not im- pede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and Supervision of the Secretary of War and Chief of Engineers. (June 13, 1902, c. 1079, § 1, 32 Stat. 371.) § 9904. Consent to construction of eanal con- meeting waters of Puget Sound with Lake Wash- ington; damages from construction; bornd; ca- Imal to be property of United States, charges and tolls—The consent of Congress is hereby granted to, and it shall be lawful for James A. Moore Or his assigns to construct a ship canal not less than twenty- five feet in depth and with a bottom width of not less than sixty feet, with a suitable timber lock of not less than six hundred feet in length and seventy- two feet in width, along the Government right of way connecting the waters of Puget Sound, in the State of Washington, with Lake Washington, subject always to the provisions and requirements of this Act and to such conditions and stipulations as may be imposed by the Chief of Engineers and the Secre- tary of War for the protection of navigation and the property and other interests of the United States, which shall include provision for the discharge of waters from Lakes Union and Washington and afford adequate protection against claims for damages for changing the level of Lake Washington, Subject to every, right and power of the United States: Provid- ed., That such canal and lock shall not be built or commenced until after the plans and specifications for their Construction, together with Such drawings of the proposed construction and Such maps Of the ź 9905 (Tit. 63 RIVERS, HARBORS, AND CANALS [Page 1626] proposed locations as may be required for a full understanding of the subject, have been Submitted to the Secretary of War for his approval and until after he shall have approved such plans and specifi- cations and the location of such lock and any acces- sory works, and such works shall at all times be subject to the inspection and Supervision of the Sec- retary of War; and when the plans for any lock and Canal for Construction under the provisions Of this Act have been approved by the Secretary of War it shall not be lawful to deviate from such plans, either before or after the completion of the structure, un- less the modification of such plans has previously been submitted to and received the approval of the Secretary of War: And provided, That the said James A. Moore or his assigns shall be liable for any dam- age that may be inflicted by the construction of said lock and Canal by overflow, by a lowering Of the waters affected, or otherwise, in a court of compe- tent jurisdiction, and the said Secretary of War may compel the execution of a sufficient bond by the said James A. Moore, or his assigns, insuring com- pliance with the provisions and conditions impos- ed: And provided further, That said canal and lock, when completed, shall be turned Over to the United States ready for use and free of all expense to the United States, and thenceforth shall be and remain the sole and exclusive property of the United States, but the said James A. Moore, or his assigns, shall op- erate and maintain in suitable condition the said canal and lock after completion for a period of three years to the satisfaction of said Secretary of War and Chief of Engineers of the United States, free Of cost to the United States, and from charges of any kind whatever, and free from the payment of all tolls. (June 11, 1906, c. 3072, § 1, 34 Stat. 232.) § 9905. Same; limit of time for commence- ment and completion of canal—This Act shall be null and void unless the canal and lock herein author- ized shall be commenced within one year and com- pleted within three years from the date of the ap- gºal hereof. (June 11, 1906, c. 3072, § 2, 34 Stat. § 99.06. Same; reservation of right to amend or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved. (June 11, 1906, c. 3072, § 3, 34 Stat. 231.) § 9907. Authority to State of New Jersey or to commission, individual, or corporation to im- Prove channels on New Jersey sea coast—That au- thority be given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission ap- pointed or authorized by said legislature, to improve the Channels on the New Jersey seacoast, or any por- tion of Said coast, or the waters adjacent thereto, ly- ing between thirty-eight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredg- ing, or by the construction of piers, jetties, or break- waters, or other river and harbor work of any descrip- tion or nature adapted to attain the ends now pur- Sued by the United States Government for the ad- vantage of said coast or the relief of commerce: Pro- Vided, That such Operations shall not encroach upon those portions of said coast, or the channels adja- Cent thereto, for which the United States Government may undertake similar work according to its own plans: And provided, That the plans for said work shall be placed on file with the Chief of Engineers of the War Department for thirty days, during which time he is authorized to disapprove said plans and forbid Such work if, in his judgment, the improve- ments when completed will interfere with navigation Or With any Works of the United States Government commenced or proposed to be made: Provided further, That no tolls or other charges upon commerce shall projects. be imposed by those making such improvements: And provided further, That this Act shall not be construed as affecting in any way the jurisdiction and control Of the Federal Government Over any waters that may be improved in pursuance of the provisions thereof, nor as exempting such waters from the operation of the laws heretofore or hereafter enacted by CongreSS for the preservation and protection of navigable Wa- ters. (June 30, 1906, c. 3923, § 1, 34 Stat. 800.) § 9908. Same; reservation of right to amend or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved. (June 30, 1906, c. 3923, § 2, 34 Stat. 800.) § 99.08a. Consent to agreements between Min- nesota, North Dakota and South Dakota for im- provement of navigation and fiodd control-Con- gress hereby consents that the States Of Minnesota, North Dakota, and South Dakota, or any two Of them, may enter into any agreement Or agreements with each other to aid in improving navigation and to prevent and control floods on boundary waters of Said States and the waters tributary thereto. And said States, or any two of them, may agree with each oth- er upon any project or projects for the purpose, of . making such improvements, and upon the amount Of money to be contributed by each to carry out such The Secretary of War is authorized and directed to make a survey of any project proposed, as aforesaid, by said States, or any two of them, to de- termine the feasibility and practicability thereof and the expenses of carrying the same into effect and what share of such expenses should be borne by the respec- tive States, local interests, or by the National GOV- ernment. If the Secretary of War approves any such projects, he may authorize the States to make Such improvements at their own expense, but under his Supervision. That the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of en- abling the Secretary of War to make the Surveys and estimates herein contemplated. (Aug. 8, 1917, c. 49, § 5, 40 Stat. 266.) - Chapter C–Preservation and Protec- tion of Rivers and Harbors and of Improvements Sec. 9909. Injury to river and harbor improvements; penalty. 9910. Obstruction of navigable waters; plans for Wharves; excavations in channels. - 99.10a. Same; continuance of; punishment. 99.11. Piers and cribs on Mississippi and St. Croix. 9912. Establishment of harbor lines. - 3913. Establishment and modification of harbor lines on Po- tomac and Anacostia Rivers. ** tº 9914. Establishment of harbor lines; deposit of débris. §915. Modification and extension of harbor lines in front Of Chicago. a & - 9916. Establishment of pierhead and bulkhead lines in Wil- mington Harbor, Cal. - 9916a. Establishment of pierhead and bulkhead lines at NeW- port Harbor, Cal. º 9917. Penalty for violation of provisions of act; structures, etc. 9918. Depositing refuse in navigable Waters. º - 3919. Taizing possession or use of works; permits for tempo- rary use. - 9920. Obstructions by vessels, anchored or sunk, and floating timber; marking and removal of sunken Vessels. 99.21. Penalty for violation of provisions of act. 9922. Duty of district attorneys; officers empowered to arrest offenders. 9923. Duty of officers and agents. - - 9924. Removal of obstructions to navigation ; notice; propos- als to remove; bond of bidder; disposition of pro- removal of ceeds. . 9925. Destruction of certain vessels grounding; repeal. º 9926. Regulations governing transportation and dumping into navigable waters, of dredgings, and other refuse; Yip- lations; enforcement; exception of waters within State used for cultivation of Oysters. 9927. Floating timber in certain navigable Waters. 9928. Same; regulations. appropriation; Ch. C). RIVERS, HARBORS, AND CANALS 3 99.15 [Page 1627] Sec. - - - 9929. Same; reservation of power to alter, amend, or repeal act. 9930. Same; pending actions not affected. . . g 9931. South and Southwest passes of Mississippi River; reg- ulations of navigation. 9932. Rules for navigation of Ambrose Channel. 9933. Depositing refuse in New York Harbor. 9934. Same; liability of master of vessel towing scow or boat loaded With prohibited matter. 9935. Same; dumping grounds; permits; deposits at other places; penalty; names of scows or boats and equip- ment; inspectors; supervisor of harbor; bribery; re- turn of permits. - 4. Requirements as to life lines not to apply to certain scows or boats; place where names to be painted on scows or boats. 9937. Disposition of dredged matter; 9938. Supervisor of harbor. 9936. penalty. 9939. Consent to obstruction by city of New York of naviga- tion of river within city limits; location and plans - for proposed works; liability of city for damages. 9940. Reservation of right to amend or repeal act, without : liability incurred by United States. 9941. Fishing for shell fish in New York Harbor channels; t arrests; process; proceedings. 9942. Deposit of refuse in Potomac River. 9943. Deposit of offal prohibited. 9944. Violation of act; penalty. 9945. Improvements by Government unaffected. 9946. Throwing or discharging refuse matter into Lake Mich- igan, at certain places; exceptions. . § 99.09. Injury to river and harbor improve- ments; penalty—Any person who shall willfully and unlawfully injure any pier, breakwater, or other work of the United States for the improvement of rivers or harbors, or navigation in the United States, shall, On conviction thereof, be punished by a fine not ex- Ceeding one thousand dollars. (Aug. 14, 1876, c. 267, § 3, 19 Stat. 139.) See § 10208. § 99.10. obstruction of navigable waters; plans for wharves; excavations in channels—The creation of any obstruction not affirmatively author- ized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build Or Commence the building of any wharf, pier, dolphin, boom, Weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside es- tablished harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War ; and it shall not be lawful to excavate or fill, Or in any manner to alter or modify the Course, loca- tion, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or in- closure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same. (March 3, 1899, c. 425, § 10, 30 Stat. 1151.) See § 99.17. - § 99.10a. Same; continuance of; punishment— The Creation of any obstruction, not affirmatively au- thorized by law, to the navigable capacity of any wa- ters, in respect of which the United States has ju- risdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, Shall Constitute an Offense and each Week’s Continu- ance of any such obstruction shall be deemed a sep- arate offense. Every person and every corporation which shall be guilty of Creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four pre- ceding sections of this act, shall be deemed guilty of a misdemeanor, and . On conviction thereof shall be punished by a fine not exceeding five thousand dol- lars, or by imprisonment (in the case of a natural per- son) not exceeding One year, or by both such punish- ments, in the discretion of the court, the creating or | Continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit Court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney- General of the United States. (Sept. 19, 1890, c. 907, § 10, 26 Stat. 454.) * § 99.11. Piers and cribs on Mississippi and St. Croix—The owners of saw-mills on the Mississippi River and the Saint Croix River in the States of Wis- Consin and Minnesota are authorized and empowered, under the direction of the Secretary of War, to con- Struct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Pro- Vided, however, That the piers or cribs so constructed Shall not interfere with or obstruct the navigation of the river. And in case any pier or crib constructed ſunder authority of this section shall at any time, and for any cause, be found to obstruct the naviga- tion of the river, the Government expressly reserves the right to remove or direct the removal of it, at the cost and expense of the owners thereof. (R. S. § 5254, amended, May 1, 1882, c. 112, 22 Stat. 52.) § 9912. Establishment of harbor lines—Where it is made manifest to the Secretary of War that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is hereby, authorized to cause such lines to be estab- lished, beyond which no piers, wharves, bulkheads, Or Other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him. Provided, That whenever the Secretary of War grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor Or river of the United States beyond any harbor lines established under authority of the United States, he Shall cause to be ascertained the amount of tide wa- ter displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make Compensation for such displacement either by exca- Vating in some part of the harbor, including tide- Water Channels between high and low water mark, to Such an extent as to create a basin for as much tide water as may be displaced by such structure or by Such deposits, or in any other mode that may be satisfactory to him. (March 3, 1899, c. 425, § 11, 30 Stat. 1151.) § 9913. Establishment and modification of harbor lines on Potomac and Anacostia Rivers— The provisions of section eleven of the river and har- bor act Of March third, eighteen hundred and ninety- nine, are hereby made applicable to the Potomac and Anacostia Rivers, and hereafter harbor lines in the District of Columbia, or elsewhere on said rivers, shall be established Or modified as therein provided ; and all laws or parts of laws inconsistent with this pro- viso are hereby repealed. (July 25, 1912, c. 253, § 1, 37 Stat. 206.) § 9914. Establishment of harbor lines; depos- it of débris–In places where harbor-lines have not been established, and where deposits of débris of mines or stamp works can be made without injury to navigation, within lines to be established by the Sec- retary of War, said officer may, and is hereby author- ized to, cause such lines to be established ; and with- in such lines such deposits may be made, under regu- lations to be from time to time prescribed by him. (Aug. 5, 1886, c. 929, § 2, 24 Stat. 329.) § 99.15. Modification and extension of harbor lines in front of Chieago—The Secretary of War is hereby authorized, in his discretion, to modify and ex- tend harbor lines in front of the City of Chicago in Such manner as to permit park extension Work which 3 9916 (Tit. 63 RIVERS, IHARBORS, AND CANALS [Page 1628] may be desired by the municipal authorities, including the changing and widening of the southern entrance to the Chicago Harbor. (Aug. 26, 1912, c. 408, § 5, 37 Stat. 626.) § 9916. Establishment of pierhead and bulk- head lines in Wilmington Harbor, Cal.—The Sec- retary Of War is hereby authorized to fix and estab- lish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regu- lations as shall be prescribed from time to time by the Secretary of War. (March 26, 1908, No. 14, 35 Stat. 569.) - § 9916a. Lstablishment of pierhead and bulk- head lines at Newport Harbor, Cal.—The Secre- tary of War is hereby authorized and directed to fix and establish pierhead and bulkhead lines, either Or both, at Newport Harbor, California, in accordance With plan dated United States Engineer Office, Los An- geles, California, March twenty-fifth, nineteen hun- dred and thirteen, and entitled Newport Bay, Cali- fornia, showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as Shall be prescribed from time to time by the Secre- tary of War. (July 27, 1916, c. 260, § 3, 39 Stat. 411.) § 99.17. Penalty for violation of provisions of act; removal of structures, etc.—Every person and every corporation that shall violate any of the pro- visions of sections nine, ten, and eleven Of this ACt, or any rule or regulation made by the Secretary of War in pursuance of the provisions of the said sec- tion eleven, shall be deemed guilty of a misdemean- Or, and On COnviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the Case Of a natural person) not exceeding One year, or by both Such punishments, in the discretion Of the court. And further, the removal of any struc- tures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any [circuit] court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney-Gen- eral of the United States. (March 3, 1899, c. 425, § 12, 30 Stat. 1151, amended, Feb. 20, 1900, c. 23, § 2, 31 Stat. 32.) Text in brackets superseded by §§ 1266–1268. § 99.18. Depositing refuse in navigable wa- ters—It shall not be lawful to throw, discharge, or deposit, or cause, Suffer, or procure to be thrown, discharged, or deposited either from or out of any Ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, Or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liq- uid state, into any navigable Water of the United States, or into any tributary of any navigable water from which the Same shall float Or be washed into such navigable Water; and it shall not be lawful to deposit, or Cause, suffer, Or procure to be deposited material Of any kind in any place on the bank Of any navigable water, or on the bank of any tributary Of any navigable Water, where the same shall be liable to be washed into such navigable water, either by Ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be im- peded or Obstructed: Provided, That nothing here- in contained shall extend to, apply to, or prohibit the operations in Connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, Whenever in the judgment of the Chief Of Engineers anchorage and navigation Will not be injured there- by, may permit the deposit of any material above mentioned in navigable Waters, Within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to deposit- ing such material; and Whenever any permit is so granted the conditions thereof shall be strictly com- plied with, and any Violation thereof shall be unlaw- ful. (March 3, 1899, c. 425, § 13, 30 Stat. 1152.) § 9919. Taking possession or use of works; permits for temporary use—It shall not be lawful for any perSon Or persons to take possession of Or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening VeSSels thereto or otherwise, or in any manner what- eVer impair the usefulness of any Sea Wall, bulk- head, jetty, dike, levee, Wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such Work under the control of the United States, in whole Or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material COImposing Such Works: Provided, That the Secre- tary Of War may, on the recommendation of the Chief of Engineers, grant permission for the tempo- rary occupation or use of any of the aforementioned public works when in his judgment such occupa- tion or use Will not be injurious to the public inter- est. (March 3, 1899, c. 425, § 14, 30 Stat. 1152.) § 9920. Obstructions by vessels, anchored or sunk, and fioating timber; marking and removal of sunken vessels—It shall not be lawful to tie up Or anchor Vessels Or Other craft in navigable chan- nels in Such a manner as to prevent or Obstruct the passage of Other vessels or craft; or to voluntarily Or Carelessly sink, or permit or cause to be sunk, Vessels Or Other Craft in navigable channels; Or to float loose timber and logs, or to float what is known as Sack rafts of timber and logs in streams or chan- nels actually navigated by steamboats in such man- ner as to obstruct, impede, or endanger navigation. And Whenever a vessel, raft, or other Craft is wreck- ed and sunk in a navigable channel, accidently or otherwise, it shall be the duty of the Owner of Such Sunken Craft to immediately mark it with a buoy Or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken Craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlaw- ful; and it shall be the duty Of the Owner of Such sunken Craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do SO Shall be COnsidered as an abandon- ment of such craft, and subject the same to removal by the United States as hereinafter provided for. (March 3, 1899, c. 425, § 15, 30 Stat. 1152.) § 99.21. Penalty for violation of provisions of act—Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of Sections thirteen, fourteen, and fifteen of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than One year, or by both such fine and imprisonment, in the dis- cretion of the court, one-half of said fine to be paid to the person or persons giving information Which shall lead to conviction. And any and every maS- ter, pilot, and engineer, or person or persons acting in such capacity, respectively, On board of any boat Ch. C) ź 99.25 RIVERS, HARBORS, AND CANALS [Page 16291 or vessel who shall knowingly engage in to Wing any scow, boat, or vessel loaded with any material Speci- fied in section thirteen of this Act to any point Or place of deposit or discharge in any harbor or naviga- ble water, elsewhere than within the limits defined and permitted by the Secretary of War, or Who Shall willfully injure or destroy any work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in Section fifteen of this Act, shall be deemed guilty of a viola- tion of this Act, and shall upon conviction be punish- ed as hereinbefore provided in this section, and shall also have his license revoked or Suspended for a term to be fixed by the judge before whom tried and Convicted. And any boat, Vessel, SCOW, raft, Or Other Craft used or employed in violating any of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by Said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the im- provement of the harbor or waterway in which the damage occurred, and said boat, Vessel, scow, raft, Or other Craft may be proceeded against Summarily by way of libel in any district court of the United States having jurisdiction thereof. (March 3, 1899, c. 425, § 16, 30 Stat. 1153.) § 9922. Duty of district attorneys; officers empowered to arrest offenders—The Department of Justice shall conduct the legal proceedings necessary to enforce the foregoing provisions of Sections nine to Sixteen, inclusive, Of this Act; and it shall be the duty of district attorneys of the United States to Vigorously prosecute all offenders against the same whenever requested to do so by the Secretary of War Or by any of the Officials hereinafter designated, and it shall furthermore be the duty of said district at- torneys to report to the Attorney-General of the Unit- ed States the action taken by him against Offenders SO reported, and a transcript of such reports shall be transmitted to the Secretary of War by the At- torney-General; and for the better enforcement of the said provisions. and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary of War, and the United States collectors of customs and other revenue offi- CerS, Shall have power and authority to Swear out process and to arrest and take into custody, with Or Without process, any person or persons who may Commit any of the acts or offenses prohibited by the aforesaid Sections of this Act, or who may violate any of the provisions of the same: Provided, That no perSOn shall be arrested without process for any Offense not committed in the presence of some One Of the aforesaid officials: And provided further, That whenever any arrest is made under the provi- Sions Of this Act, the person so arrested shall be brought forthwith before a commissioner, judge, or COUrt of the United States for examination of the offenses alleged against him; and such commissioner, judge, Or Court shall proceed in respect thereto as authorized by law in case of crimes against the Unit- ed States. (March 3, 1899, c. 425, § 17, 30 Stat. 1153.) § 9923. Duty of officers and agents—It shall be the duty of officers and agents having the supervision, On the part of the United States, of the Works in progreSS for the preservation and improvement of Said navigable waters, and, in their absence, of the United States Collectors of customs and Other reve- nue officers to enforce the provisions of this act by giving information to the district attorney of the United States for the district in which any violation of any provision of this act shall have been commit- ted: Provided, That the provisions of this act shall not apply to Torch Lake, Houghton County, Michi- gan. (Sept. 19, 1890, c. 907, § 11, 26 Stat. 455.) § 99.24. Removal of obstructions to Imaviga- tion; notice; proposals to remove; borad of bidder; disposition of proceeds—Whenever the navigation of any river, lake, harbor, sound, bay, canal, or other Inavigable Waters Of the United States shall be Ob- structed or endangered by any sunken Vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such Obstruction can be legally established in a less Space Of time, the Sunken vessel, boat, water Craft, raft, Or Other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secre- tary of War at his discretion, without liability for any damage to the owners of the same : Provided, That in his discretion, the Secretary of War may Cause reasonable notice Of Such Obstruction Of not less than thirty days, unless the legal abandonment Of the obstruction can be established in a less time, to be given by publication, addressed “To whom it may concern,” in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof: And provided also, That the Secretary of War may, in his discretion, at or after the time of giving such notice, cause sealed proposals to be SO- licited by public advertisement, giving reasonable Inotice Of not less than ten days, for the removal Of such Obstruction as Soon as possible after the ex- piration of the above specified thirty days’ notice, in Case it has not in the meantime been so removed, these proposals and Contracts, at his discretion, to be conditioned that such vessel, boat, water Craft, raft, or other Obstruction, and all Cargo and property contained therein, shall become the property Of the contractor, and the contract, shall be awarded to the bidder making the proposition most advantageous to the United States: Provided, That such bidder shall give satisfactory security to execute the work: Provided further, That any money received from the sale of any such wreck, or from any contractor for the removal Of Wrecks, under this paragraph shall be covered into the Treasury of the United States. (March 3, 1899, c. 425, § 19, 30 Stat. 1154.) § 9925. Destruction of certain vessels ground- ing; appropriation; repeal—Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking or grounding, or being unnecessarily delayed in any Government Canal or lock, Or in any navigable waters mentioned in Section nineteen, in Such manner as to SStop, Se- riously interfere with, or specially endanger naviga- tion, in the Opinion of the Secretary of War, or any agent of the United States to whom the Secretary may delegate proper authority, the Secretary of War or any such agent shall have the right to take im- mediate possession of such boat, vessel, or other water craft, or raft, so far as to remove Or to de- stroy it and to Clear immediately the Canal, lock, or navigable waters aforesaid of the obstruction there- by caused, using his best judgment to prevent any unnecessary injury; and no One Shall interfere with or prevent such removal or destruction : Provided, That the Officer Or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to re- move it: And provided further, That the expense of removing any such obstruction as aforesaid shall be a charge against such craft and cargo; and if the Owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the Craft or Cargo, or any part thereof that may # 99.25 (Tit. 63 RIVERS, HARBORS, AND CANALS [Page 16301 not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the |United States. Such sum of money as may be necessary to execute this section and the preceding section of this Act is hereby appropriated out of any money in the Treas- ury not otherwise appropriated, to be paid Out On the requisition of the Secretary of War. That all laws or parts of laws inconsistent With the foregoing sections nine to twenty, inclusive, Of this Act are hereby repealed: Provided, 'That no action begun Or right of action accrued prior to the passage of this Act shall be affected by this repeal: Provided further, That nothing contained in the said foregoing Sections shall be construed as repealing, Imodifying, Or in any manner affecting the provisions Of an Act Of Congress approved June twenty-ninth, eighteen hundred and eighty-eight, entitled “An Act to prevent obstructive and injurious deposits with- in the harbor and adjacent waters of New York City, by dumping or otherwise, and to punish and prevent Such Offense” as amended by Section three of the river and harbor Act of August eighteenth, eighteen hun- dred and ninety-four. (March 3, 1899, c. 425, § 20, 30 Stat. 1154, amended, Feb. 20, 1900, c. 23, § 3, 31 Stat. 32, and June 13, 1902, c. 1079, § 12, 32 Stat. 375.) § 9926. Regulations governing transporta- tion and durmping into navigable waters, of dredg- ings and other refuse; violations; enforcement; exception of waters within State used for culti- vation of oysters—The Secretary of War is here- by authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable Water, or waters adjacent thereto, of dredg- ings, earth, garbage, and other refuse materials of every kind Or description, whenever in his judgment Such regulations are required in the interest of naviga- tion. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall Violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject. to the penalties prescribed in section sixteen of the river and harbor Act of March third, eighteen hun- dred and ninety-nine, for violation of the provisions of section thirteen of the said Act: Provided, That any regulations made in pursuance hereof may be en- forced as provided in Section Seventeen of the afore- said Act of March third, eighteen hundred and ninety- nine, the provisions whereof are hereby made appli- cable to the said regulations: Provided further, That this Section Shall not apply to any Waters within the jurisdictional boundaries Of any State which are now or may hereafter be used for the cultivation of Oys- ters under the laws of Such State, except navigable Channels Which have been Or may hereafter be im- proved by the United States, or to be designated as navigable channels by Competent authority, and in making Such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of Oysters, except in compliance with Said laws: And provided further, That any expense nec- essary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations may be prescribed, and in Case no Such funds are available the said ex- pense may be paid from appropriations made by Con- gress for examinations, Surveys, and contingencies of rivers and harbors. (March 3, 1905, c. 1482, § 4, 33 Stat. 1147.) - § 9927. Floating timber in certain navigable waters—The prohibition Contained in section fifteen of the river and harbor Act, approved March third, eighteen hundred and ninety-nine, against floating loose timber and logs, Or Sack rafts, so called, of tim- ber and logs in Streams Or Channels actually navigat- ed by Steamboats, shall not apply to any navigable river Or Waterway of the United States or any part thereof whereon the floating of loose timber and logs and Sack rafts of timber and logs is the principal method of navigation. But such method of naviga- tion on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of War as hereinafter provided. (May 9, 1900, c. 387, § 1, 31 Stat. 172.) § 9928. Same; regulations—The Secretary of War shall have power, and he is hereby authorized and directed, within the shortest practicable time after the passage hereof, to prescribe rules and regu- lations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and Sack rafts, (SO Called) Of timber and logs and other methods of navigation. On the streams and Waterways, Or any thereof, of the character, as to navigation, in Section One hereof described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods Or forms of navigation; and the said rules and regula- tions shall be published at least once in such news- paper Or newspapers Of general circulation as in the opinion of the Secretary of War shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when SO prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and eV- ery person Convicted Of Such Violation shall be punish- ed by a fine of not exeeeding two thousand five hun- dred dollars nor less than five hundred dollars, or by imprisonment (in case of a natural person) for not less than thirty days nor more than One year, or by both such fine and imprisonment, in the discre- tion of the Court: Provided, That the proper action to enforce the provisions of this Section may be com- menced before any Commissioner, judge, Or Court Of the United States, and Such COmmissioner, judge Or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors commit- ted against the United States. (May 9, 1900, c. 387, § 2, 31 Stat. 172.) - - § 9929. Same; reservation of power to alter, amend, or repeal act—The right to alter, amend, Or repeal this Act at any time is hereby reserved. (May 9, 1900, c. 387, § 3, 31 Stat. 172.) § 9930. Same; pending actions not affected— This Act shall not, nor shall any rules or regulations prescribed thereunder, in any manner affect any civil action or actions heretofore COmmenced and now pending to recover damages claimed to have been sus- tained by reason of the Violation of any of the terms of said section fifteen, as Originally enacted, or in violation of any other law. (May 9, 1900, c. 387, § 4, 31 Stat. 172.) § 9931. South and Southwest Passes of Mis- sissippi River; regulations of navigation—That the Secretary of War be, and is hereby, authorized to make such rules and regulations for the naviga- tion of the South and Southwest passes Of the Missis- sippi River as to him shall seem necessary or ex- pedient for the purpose of preventing any obstruction to the channels through Said South and Southwest passes and any injury to the Works therein construct- ed. The term “South and Southwest passes,” as herein employed, shall be Construed as embracing the entire extent Of Channel, in each case, between the upper ends of the Works at the head of the pass and the Outer or sea ends Of the jetties at the entrance from the Gulf of Mexico ; and any willful violation of any rule or regulation made by the Secretary of War in pursuance of this Act shall be deemed a misdemean- Ch. C) ź 9935 RIVERS, HARBORS, AND CANALS [Page 16311 or, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be Separately or collectively responsible, and on con- viction thereof shall be punished by a fine of not less than one hundred dollars, nor exceeding five hundred dollars, or by imprisonment for not exceeding three months, Or by both fine and imprisonment, at the discretion of the court. (March 3, 1909, c. 264, § 5, 35 Stat. 818.) r § 9932. Rules for navigation of Ambrose Channel—Improving New York Harbor, New York: * * and the Secretary of War is hereby authorized to make such rules and regulations for the navigation Of Ambrose Channel after the completion. Of its im- provement as he may deem necessary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under Control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every de- scription and to sailing vessels. (March 4, 1913, C. 144, § 1, 37 Stat. 803.) § 99.33. Depositing refuse in New York Har- bor—The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cin- ders, mud, sand, dredgings, sludge, acid, Or any oth- er matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the tidal waters of the harbor of New York, Or its adjacent Or tributary waters, Or in those of Long Island Sound, within the limits which shall be prescribed by the Supervisor of the harbor, is hereby strictly forbidden, and every such act is made a mis- demeanor, and every person engaged in Or who shall aid, abet, authorize, or instigate a violation of this Section, shall, upon conviction, be punishable by fine Or imprisonment, or both, such fine to be not less than tWO hundred and fifty dollars nor more than two thousand five hundred dollars, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom COnviction is obtained shall decide, one half of said fine to be paid to the person or persons giving infor- mation which shall lead to conviction of this misde- meanor. (June 29, 1888, c. 496, § 1, 25 Stat. 209.) § 9934. Same; liability of master of vessel towing scow or boat loaded with prohibited mat- ter-Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly en- gage in towing any scow, boat, or vessel loaded with any Such prohibited matter to any point or place of deposit, or discharge in the waters of the harbor of New York, or in its adjacent, or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere than within the limits defined and permitted by the Supervisor of the harbor hereinafter mentioned, shall be deemed guilty of a violation of this act, and shall, upon conviction, be punishable as hereinbefore provided for offenses in violation of Section One of this act, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. (June 29, 1888, c. 496, § 2, 25 Stat. 209.) § 9935. Same; durmping grounds; permits; deposits at other places; penalty; names of scows or boats and equipment; inspectors; su- pervisor of harbor; Thribery; return of permits –In all cases of receiving on board of any scows or boats Such forbidden matter or substance as herein described, the owner or master, or person acting in Such capacity on board of such scows or boats, be- fore proceeding to take or tow the same to the place of deposit, Shall apply for and obtain from the su- pervisor of the harbor appointed hereunder a per- mit defining the precise limits within which the dis- Charge of Such SCOws or boats may be made; and it shall not be lawful for the owner or master, or per- Son acting in such capacity, of any tug or towboat to to W or move any scow or boat so loaded with such forbidden matter until such permit shall have been Obtained; and every person violating the foregoing proVisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand nor less than five hundred dollars, and in addition there- to the master of any tug or towboat so offending shall have his license revoked or suspended for a term to be fixed by the judge before whom tried and con- victed. And any deviation from such dumping or discharg- ing place Specified in such permit shall be a misde- meanor, and the Owner and master, or person acting in the Capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place Other than that specified in such permit Shall be liable to punishment therefor as provided in Section One of the said Act of June twenty-ninth, eighteen hundred and eighty-eight; and the owner and master, Or person acting in the capacity of mas- ter, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the OWner and master, or person acting in the capacity Of master, of the scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the Owners and masters, or persons acting in the ca- pacity Of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning Of this Act or of the said Act of June twen- ty-ninth, eighteen hundred and eighty-eight, which may be Caused by the negligence or ignorance of Such Scowman or other employee; and, further, neither de- fect in machinery nor avoidable accidents to scows Or towboats, nor unfavorable weather, nor improper handling Or moving of scows or boats of any kind whatsoever shall operate to release the owners and master and employees of scows and towboats from the penalties hereinbefore mentioned. Every scow or boat engaged in the transportation of dredgings, earth, Sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and Owner’s name painted in letters and numbers at least fourteen inches long On both sides Of the SCOW Or boat; these names and numbers shall be kept distinctly legible at all times, and no SCOW . Or boat not SO marked Shall be used to transport or dump any such material. Each such Scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life-pre- server and a life buoy for each person on board there- of, also with anchor to weigh not less than two hun- dred and seventy-five pounds, and at least One hun- dred feet Of Cable attached thereto ; a list Of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the Said list shall be Open to the inspection of all par- ties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than five hundred dollars. The Supervisor of the harbor of New York, desig- nated as provided in section five of the said Act of June twenty-ninth, eighteen hundred and eighty- eight, is authorized and directed to appoint inspectors and deputy inspectors, and, for the purpose of en- forcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing to punish- ment Offenders against the Same, the Said Supervisor Of the harbor, and the inspectOrS and deputy inspec- tors so appointed by him, shall have power and all- thority: - - 4 9935 (Tit. 63 RIVERS, HARBORS, AND CANALS IPage 16321 - First. To arrest and take into custody, With or without process, any person or persons Who may Com- mit any of the acts or offenses prohibited by this sec- tion and by the Act of June twenty-ninth, eighteen hundred and eighty-eight, aforesaid, Or Who may ViO- late any of the provisions of the Same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the Su- pervisor or his inspectors or deputy inspectors, or either of them: And provided further, That When- ever any such arrest is made the person or persons so arrested shall be brought forthwith before a COm- missioner, judge, or court of the United States for examination of the offenses alleged against him ; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of Crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in this section of this Act, or otherwise Violating any of the provisions of this section of this Act, and to seize and hold said boats until they are discharged by action of the commissioner, judge, Or Court of the TJnited States before whom the Offending perSOnS are brought. - - - Third. TO arrest and take into custody any Wit- ness or witnesses to such unlawful dumping of pro- hibited material, the said witnesses to be released under proper bonds. . Fourth. To go on board of any towboat having in tow SCOWS Or boats loaded with Such prohibited ma- terial, and accompany the same to the place of dump- ing, whenever such action appears to be necessary to secure compliance with the requirements of this Act and of the Act aforesaid. - Fifth. To enter gas and Oil Works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, Or other injuri- Ous material, whenever there is good reason to be- lieve that such sludge, acid, or other injurious ma- terial is allowed to run into the tidal waters Of the harbor in violation of section One of the aforesaid Act of June twenty-ninth, eighteen hundred and eighty-eight. Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, Or makes any offer of the same to any inspector, depu- ty inspector, or other employee of the Office of the su- pervisor of the harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this section or of the said Act of June twenty-ninth, eighteen hundred and eighty-eight, shall, on convic- tion thereof, be fined not less than five hundred dol- lars nor more than one thousand dollars, and be im- prisoned not less than six months nor more than One year. - Every permit issued in accordance with the provi- sions of this section of this Act, which may not be taken up by an inspector Or deputy inspector, shall be returned within four days after issuance to the Office of the supervisor of the harbor; such permit Shall bear an indorsement by the master Of the tow- boat, Ol' the person acting in such capacity, stating Whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than five hundred dollars nor less than One hundred dollars. (June 29, 1888, c. 496, § 3, 25 Stat. 209, amended, Aug. 18, 1894, c. 299, § 3, 28 Stat. 360, and May 28, 1908, c. 212, § 8, 35 Stat. 426.) § 9936. Requirements as to life lines not to apply to certain scows or boats; place where names to be painted on scows or boats—The re- quirements in regard to life line or rope contained in section eight of the Act approved May twenty-eighth, nineteen hundred and eight (being chapter tWO hun- dred and twelve of the Statutes at Large, first SeS- sion Sixtieth Congress) entitled “An Act to amend the laws relating to navigation, and for other purposes,” shall not apply to any scow or boat the deck Outside the coaming or rail of which shall not exceed One foot in width. On any such scow or boat its name or number and owner's name painted in letters and num- bers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the pro- visions of the said section in regard to name, number, and owner's name. (Feb. 16, 1909, c. 132, 35 Stat. 623.) § 99.37. Disposition of dredged matter; pen- alty—All mud, dirt, sand, dredgings, and material Of every kind and description whatever taken, dredged, Or excavated from any slip, basin, or shoal in the har- bor of New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the Waters of the harbor of New York to a place of deposit, shall be deposited and discharged at Such place or within Such limits as shall be defined and Specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, Or Corporation being the owner of any slip, basin, Or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any Such slip, basin, or shoal, or of removing such mud, dirt, Sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within Such limits so defined and prescribed by said Super- visor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty Of an Offense against this act, and shall be punished by a fine equal to the sum Of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by Way of libel in any district court of the United States, having jurisdic- tion thereof. (June 29, 1888, c. 496, § 4, 25 Stat. 210.) § 9938. Supervisor of harbor—A line officer of the Navy shall be designated by the President of the United States as Supervisor of the harbor, to act un- der the direction of the Secretary Of War in enforc- ing the provisions of this act, and in detecting Of- fenders against the same. This officer shall receive the sea-pay of his grade, and shall have personal charge and Supervision under the Secretary of War, and shall direct the patrol boats and Other means to detect and bring to punishment offenders against the provisions of this act. (June 29, 1888, c. 496, § 5, 25 Stat. 210.) § 9939. Consent to obstruction by city of New York of navigation of river within city lim- its; location and plans for proposed works; lia- bility of city for damages—The consent of CongreSS is hereby given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or Over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such Ob- Struction shall be unlawful unless the location and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of War and Chief of En- gineers; and when the plans for any such obstruc- tion have been approved by the Chief of Engineers Ch. D.) 3 9947 RIVERS, HARBORS, AND CANALs [Page 16331 and by the Secretary of War it shall not be lawful to deviate from such plans either before or after the Completion of such obstruction, unless the modifica- tion of Such plans has previously been submitted to and received the approval of the Chief of Engineers and the Secretary of War: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this Act. (June 25, 1910, c. 436, § 1, 36 Stat. 866.) .* § 99.40. Reservation of right to amend or re- peal act, without liability incurred by United States—The right to alter, amend, or repeal this Act is hereby expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the OWner Or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions. (June 25, 1910, c. 436, § 2, 36 Stat. 867.) § 9941. Fishing for shell fish in New York Harbor channels; arrests; process; proceedings —It shall be unlawful for any person or persons to engage in fishing or dredging for shell fish in any of the channels leading to and from the harbor of New York, Or to interfere in any way with the safe naviga- tion of those channels by ocean steamships and ships | Of deep draft. Any person or persons violating the foregoing pro- Visions Of this section shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be pun- ished by fine or imprisonment, or both, such fine to be not more than two hundred and fifty dollars nor less than fifty dollars, and the imprisonment to be not more than six months nor less than thirty days, either Or both united, as the judge before whom con- viction is obtained shall decide. It shall be the duty of the United States Supervisor Of the harbor to enforce this Act, and the deputy in- Spectors of the said supervisor shall have authority to arrest and take into custody, with or without pro- CeSS, any perSOn Or perSons who may Commit any of the acts or offenses prohibited by this Act: Provided, That no person shall be arrested without process for any Offense not committed in the presence of the Supervisor or his inspector Or deputy inspectors, or either of them: And provided further, That whenever any Such arrest is made the person Or persons SO arrested Shall be brought forthwith before a commis- Sioner, judge, or Court of the United States for ex- amination of the Offenses alleged against him ; and Such COmmissioner, judge or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. (Aug. 18, 1894, c. 299, § 2, 28 Stat. 360.) - * § 9942. Deposit of refuse in Potomac River— It shall be unlawful for any Owner or Occupant of any Wharf Or dock, any master or Captain of any vessel, Or any perSon or persons to cast, throw, drop, or deposit any ballast, dirt, Oyster shells, or ashes in the water in any part of the Potomac River or its tributaries in the District of Columbia, or on the shores of said river below high-water mark, unless for the purpose of making a Wharf, after permission has been obtained from the Commissioners of the Dis- trict of Columbia for that purpose, which wharf shall be sufficiently inclosed and secured so as to prevent injury to navigation. (May 19, 1896, c. 208, § 1, 29 Stat. 126.) - . . § 9943. Deposit of offal prohibited—ſt shall be unlawful for any Owner Or occupant of any wharf Or dock, any captain or master of any vessel, or any Other person Or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish offal, dead animals of any kind, condemned oysters in the shell, watermelons, canta- loupes, vegetables, fruits, shavings, hay, straw, ice, CoMP.ST.’18–103 Snow, filth, or trash of any kind whatsoever. (May 19, 1896, c. 208, § 2, 29 Stat. 126.) § 9944. Violation of act; penalty—Any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and On conviction thereof in the police court of the Dis- trict of Columbia shall be punished by a fine not exceeding One hundred dollars or by imprisonment not exceeding six months, or by both such punish- ments, in the discretion of the court. (May 19, 1896, c. 208, § 3, 29 Stat. 126.) § 9945. HImprovements by Government un- affected—Nothing in this Act contained shall be con- Strued to interfere with the Work Of improvement in or along the said river and harbor, under the su- pervision of the United States Government. (May 19, 1896, c. 208, § 4, 29 Stat. 126.) - - § 99.46. Throwing or discharging refuse mat- ter into Lake Michigan, at certain places; ex- ceptions—It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and pass- ing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the County of Cook, in the State of Illinois, or the county of Lake in the State Of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the GOVernment shall dump Or Cause or authorize to be dumped any material contrary to the provisions of this Act: Provided, however, That the provisions of this Act shall not apply to work in Connection with the construction, repair, and protec- tion of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining Water supply. Any person violating any provision of this Act shall be guilty of a misdemeanor, and on convic- tion thereof Shall be fined for each Offense not ex- ceeding one thousand dollars. (June 23, 1910, c. 359, 36 Stat. 593.) - Chapter D—Anchorage Regulations Sec. 9947. Establishing and regulating anchorage grounds in port Of New York. 9948. Same; violation of rules; penalty. 99.49. Same; extension of act. 9950. Establishing and regulating anchorage grounds in port of Chicago. 9951. Same; violation of rules; penalty. 9952. Anchorage regulations in Potomac River; occupancy of canals; removal of sunken vessels; movement of vessels at Wharves. 9953. Same; performance of duties of harbor master by pilot , of police boat; violation of instructions; penalty. 9954. Regulations of movements and anchorage of vessels in Saint Marys River; detail of revenue cutters. 9955. Same; duties and powers of officers of Revenue-Cutter Service. 9956. Same; violation of rules; penalty. 9957. Establishing and regulating anchorage grounds in Ken- nebec River. 9958. Same; violation of rules; penalty. 9959. Regulations of Pearl Harbor, Hawaii. 9959a. Establishment of anchorage grounds in harbors, rivers, bays, and other navigable waters; seizure of and proceedings against vessels. § 99.47. Establishing and regulating anchore age grounds in port of New York—The [Secretary of the Treasury] is authorized, empowered, and di- rected to define and establish an anchorage ground for vessels in the bay and harbor of New York, and in the Hudson and East Rivers, to adopt Suitable rules and regulations in relation thereto, and to take all necessary measures for the proper enforcement of such rules and regulations. (May 16, 1888, c. 257, § 1, 25 Stat. 151.) Text in brackets superseded by §§ 857, 859. ź 9948 (Tit. 63 RIVERs, HARBORs, AND CANALs IPage 1634] § 9948. Same; violation of rules; penalty— In the event of the violation of any such rules or regu- lations by the Owner, master, or person in charge Of any vessel, such owner, master, or person in charge Of Such vessel shall be liable to a penalty of one hun- dred dollars, and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery Of the Same in any United States district court for the district within which such vessel may be, and in the name of the officer designated by the [Secretary of # Treasury]. (May 16, 1888, c. 257, § 2, 25 Stat. 51.) Text in brackets superseded by §§ 857, 859. § 9949. Same; extension of act—The Act of May sixteenth, eighteen hundred and eighty-eight, re- lating to anchorage of vessels in the port of New York, is hereby extended to include the waters Óf Kill von Kull, Newark Bay, Arthur Kill, and Raritan Bay. (March 3, 1899, c. 424, § 1, 30 Stat. 1081.) - § 9950. Establishing and regulating anchor- age grounds in port of Chicago—That the [Secre- tary Of the Treasury] be authorized and directed to define and establish anchorage grounds for vessels in the harbors of Chicago, and waters of Lake Mich- igan adjacent thereto, to adopt suitable rules and regulations in relation to the same, and also to adopt suitable rules and regulations governing the use of marked inshore channels in Lake Michigan in front Of the City of Chicago, and to take all necessary meas- Tures for the proper enforcement of such rules and regulations. (Feb. 6, 1893, c. 64, § 1, 27 Stat. 431.) Text in brackets superseded by §§ 857, 859. s § 9951. Same; violation of rules; penalty- In the event Of the violation of any such rules Or regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in Charge of such vessel shall be liable to a penalty Of One hundred dollars, and the said vessel may be hold- en for the payment of such penalty, and may be seiz- ed and proceeded against Summarily by libel for the recovery of the same in any United States district Court for the district within which such vessel may be, and in the name of the officer designated by the [Secretary of the Treasury]. (Feb. 6, 1893, c. 64, § 2, 27 Stat. 431.) Text in brackets superseded by §§ 857, 859. § 9952. Anchorage regulations in Potomac River; occupancy of canals; removal of sunken vessels; movement of vessels at wharves—Every vessel coming to anchor in the Potomac River between the junction of the Washington and Georgetown chan- nels Of Said river and the extension of the SOUth line of P street southwest, in the city of Washington, shall anchor as near the flats in said river as possible, so that the channel of said river will not be obstructed ; and if such vessel is to remain Over twelve hours it shall be moored with both anchors, so as to give room for passing Vessels and so as not to Swing and obstruct said channel. No vessel shall be permitted to anchor in the Washington channel of the Potomac River between the extended lines of P or K Streets south. Vessels coming to anchor above the line of K street South, aforesaid, shall come to anchor as near the flats as possible and so that the channel will not be obstructed ; and all vessels coming to anchor Shall be SO moored by the use of both anchors as to prevent Obstruction of the channel Within four hun- dred feet of the nearest wharf, the said anchorage to Continue only twenty-four hours, unless otherwise Ordered Or directed by the harbor master. No vessel shall be permitted to lie in Seventeenth Street Canal, New Jersey Avenue Canal, or James Creek Canal, or at the entrance thereof, So as to obstruct the passage of any vessel going into or Out of the same or moving from One place to another therein, unless Such Ob- structing Vessel is actually engaged in loading or un- loading, and shall then, if deemed expedient by the rect. tary of Commerce [and Labor] on said river. harbor master, be removed to such place as shall be necessary to give room to passing vessels. Any Cap- tain or owner of, or anyone in charge of, any barge, Sand SCOW, or any vessel that may sink in said canals, Shall raise and remove the same in five days. Any Vessels at the end of wharves or in docks shall, when required by the harbor master, haul either way to ac- Commodate vessels going in or coming out from such Wharves or docks. They shall not occupy regular Steamers’ or sailing packets' berths without permis- Sion from the recognized occupants of such wharves and docks. And they are required to rig in all fore- and-aft spars, have boats hoisted up under the bow, and davits turned up, as the harbor master may di- Vessels when not engaged in loading or dis- Charging cargo shall give place to such vessels as are ready to receive or deliver freights. And if the Captain or person in charge of any vessel refuse to move Said vessel when notified by the occupant of the Wharf at which she is lying, the harbor master shall Order him to haul to some other berth, or into the Stream. (March 2, 1895, c. 172, § 1, 28 Stat. 740.) § 9953. Same; performance of duties of har- bor master by pilot of police boat; violation of instructions; penalty—The powers and authority herein Conferred upon the harbor master may, in his absence or temporary disability, be exercised by the pilot of the harbor police boat. Any person refusing to obey the instructions of the harbor master, or, in case of his absence or temporary disability, the Said pilot of the harbor police boat, or any person failing to comply with any of the provisions of this Act, Shall be deemed guilty of a misdemeanor, and on COnviction thereof in the police court of the District of Columbia shall be punished by a fine not exceeding One hundred dollars, or by imprisonment not exceed- ing Six months, or by both such punishments, in the discretion of the court. (March 2, 1895, c. 172, § 2, 28 Stat. 740.) § 9954. Regulations of movements and an- chorage of vesse is in Saint Marys River; detail of revenue cutters—That the Secretary of Commerce [and Labor] be, and he hereby is, authorized and di- rected to adopt and prescribe suitable rules and regu- lations governing the movements and anchorage of Vessels and rafts in Saint Marys River from Point Iroquois, On Lake Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observ- ance of such regulations the Secretary of the Treas- ury is hereby authorized to detail one or more rev- enue Cutters for duty upon the request of the Secre- . (March 6, 1896, c. 49, § 1, 29 Stat. 54, amended, April 26, 1906, C. 1874, § 1, 34 Stat. 136.) Text in brackets superseded by § 932. § 9955. Same; duties and powers of officers of Revenue-Cutter Service—All Officers of the Reve- nue-Cutter Service who are directed to enforce the reg- ſulations prescribed by the above rules are hereby em- powered and directed, in case of necessity, or when a proper notice has been disregarded, to use the force at their command to remove from channels or stop any vessel found violating the prescribed rules. (March 6, 1896, c. 49, § 2, 29 Stat. 55.) § 9956. Same; violation of rules; penalty— In the event of the violation of any such regulations or rules Of the Secretary of Commerce [and Labor] by the owners, master, or person in charge of such vessel, such owners, masters, or person in charge shall be liable to a penalty not exceeding two hundred dol- lars: Provided, That the Secretary of Commerce [and Labor] may remit said fine On Such terms as he may prescribe: Provided also, That nothing in this Act shall be construed to amend or repeal the Act enti- tled “An Act to regulate navigation. On the Great Takes and their connecting and tributary waters as far east as Montreal,” approved February eighth, eighteen hundred and ninety-five. (March 6, 1896, C. Ch. DD) 3 9959%c RIVERS, HARBORS, AND CANALS [Page 16351 49, § 3, 29 Stat. 55, amended, April 26, 1906, c. 1874, § 2, 34 Stat. 136.) Text in brackets superseded by § 932. See §§ 7910-7941. § 99.57. Establishing and regulating anchor- age grounds in Kennebec River—The [Secretary of the Treasury] is authorized, empowered, and direct- ed to define and establish an anchorage ground for vessels in Kennebec River at or near Bath, Maine, to adopt Suitable rules and regulations in relation there- to, and to take all necessary measures for the proper enforcement of such rules and regulations. (June 6, 1900, c. 819, § 1, 31 Stat. 682.) Text in brackets superseded by §§ 857, 859. - § 9958. Same; violation of rules; penalty— In the event of the violation of any such rules or reg- ulations by the owner, master, or person in charge of any Vessel, such owner, master, or person in charge Of Such vessel shall be liable to a penalty of one hundred dollars; and the said vessel may be holden for the payment of such penalty, and may be seized and pro- Ceeded against Summarily by libel for the recovery Of the same in any United States district court for the district within which said vessel may be, and in the name of the officer designated by the [Secretary of the Treasury]. (June 6, 1900, c. 819, § 2, 31 Stat. 682.) Text in brackets superseded by §§ 857, 859. § 9959. Regulations of Pearl Harbor, Hawaii— For the proper control, protection, and defense of the naval station, harbor, and entrance Channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is hereby authorized, empowered, and directed to adopt and prescribe suitable rules and regulations gov- erning the navigation, movement, and anchorage of Vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all neces- Sary measures for the proper enforcement Of Such rules and regulations. (Aug. 22, 1912, C. 335, § 1, 37 Stat. 341.) g § 9959a. Establishment of anchorage grounds in harbors, rivers, bays, and other navigable wa- ters; seizure of and proceedings against vessels —The Secretary Of War is hereby authorized, em- powered, and directed to define and establish anchor- age grounds for vessels in all harbors, rivers, bays, and Other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require Such anchorage grounds for Safe navi- gation and the establishment Of Such anchorage grounds shall have been recommended by the Chief Of Engineers, and to adopt Suitable rules and regu- lations in relation thereto; and such rules and regu- lations shall be enforced by the Revenue-Cutter Serv- ice under the direction of the Secretary of the Treas- ury: Provided, That at ports or places where there is no revenue cutter available such rules and regu- lations may be enforced by the Chief of Engineers under the direction of the Secretary of War. In the event of the violation of any such rules and regula- tions by the owner, master, or person in charge of any VeSSel, Such OWner, master, Or person in charge Of such vessel shall be liable to a penalty of $100; and the said vessel may be holden for the payment Of Such penalty, and may be seized and proceeded against Summarily by libel for the recovery of the Same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of War. (March 4, 1915, c. 142, § 7, 38 Stat. 1053.) Chapter DD–Regulation of Vessels in Sec. Ports of United States 9959%a. Vessels in ports of United States; rules and regula- tions governing anchorage and movement; control and possession of vessels; powers of Governor of Canal Zone. - 9959%c. ... President, for Sec. 9959%b. Same; failure to comply with rules and regulations; Seizure and forfeiture of vessel. - Same; destruction or injury of vessels; use of ves- sº as resort for persons conspiring against United tates. 9959%d. Same; enforcement of Title. § 9959%a. Vessels in ports of United States; rules and regulations governing anchorage and movement; control and possession of vessels; powers of Governor of Canal Zone—Whenever the President by proclamation or Executive Order de- Clares a national emergency to exist by reason of actual Or threatened War, insurrection, or invasion, Or disturbance or threatened disturbance of the in- ternational relations of the United States, the Sec- retary Of the Treasury may make, subject to the ap- proval Of the President, rules and regulations gov- erning the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in Order to secure such vessels from damage or in- jury, Or to prevent damage or injury to any harbor Or Waters of the United States, or to secure the Ob- Servance of the rights and obligations of the United States, may take, by and with the consent of the Such purposes, full possession - and Control of Such vessel and remove therefrom the Of- ficers and crew thereof and all other persons not Specially authorized by him to go or remain on board thereof. - Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approv- al Of the President, shall exercise all the powers con- ferred by this section on the Secretary of the Treas- ury. (June 15, 1917, c. 30, title II, § 1, 40 Stat. 220.) Proclamation issued under this section, dated December 3, 1917, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers Conferred upon me by the provisions of the said Act of Congress quoted herein, do hereby proclaim that a na– tional emergency exists by reason of the existence of a State of war between the United States and the Imperial German Government, - “And the Secretary of the Treasury is therefore hereby authorized to make rules and regulations governing the anchorage and movement of any vessel, foreign or do- mestic, in the territorial waters of the United States, and to inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, to take, for such purposes, full posses- sion and control of such vessel and remove therefrom the officers and crew thereof and all other persons not spe- cially authorized by him to go or remain. On board thereof.” § 9959%b. Same; failure to comply with rules and regulations; seizure and forfeiture of vessel —If any owner, agent, master, Officer, Or person in . charge, or any member of the crew of any such ves- sel fails to comply with any regulation or rule issued or order given by the Secretary of the Treasury or the Governor of the Panama Canal under the provi- Sions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and for- feiture to the United States in the same manner as merchandise is forfeited for ViOlation . Of the Customs revenue laws; and the person guilty of such failure, Obstruction, or interference shall be fined not more than $10,000, or imprisoned not more than two years, or both. (June 15, 1917, c. 30, title II, § 2, 40 Stat. 220.) - § 9959%c. Same; destruction or injury of vessels; use of vessels as resort for persons con- spiring against United States—It shall be unlaw- ful for the Owner or master or any other person in Charge Or Command of any private vessel, foreign or domestic, or for any member of the crew or other Ž 9959%d (Tit. 63 RIVERS, HARBORS, AND CANALS person, within the territorial waters of the United States, willfully to cause or permit the destruction or injury of such vessel or knowingly to permit said vessel to be used as a place of resort for any person conspiring With another or preparing to commit any Offense against the United States, or in Violation Of the treaties of the United States Or of the Obliga- tions Of the United States under the law of nations, or to defraud the United States, or knowingly to per- mit such vessels to be used in violation of the rights and obligations of the United States under the law of nations; and in case such vessel shall be so used, with the knowledge of the OWner or master or other person in Charge Or Command thereof, the Vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as mer- Chandise is forfeited for violation Of the customs revenue laws; and Whoever violates this section shall be fined not more than $10,000 or imprisoned not more than two years, or both. (June 15, 1917, c. 30, title II, § 3, 40 Stat. 220.) - § 9959%d. Same; enforcement of Titie—The President may employ such part of the land or naval - forces of the United States as he may deem necessary to carry Out the purpose of this title. (June 15, 1917, c. 30, title II, § 4, 40 Stat. 220.) Chapter E–Bridges over Navigable Sec. Waters 9960. Maquoketa River. 9961. Bridges over navigable waters; viation from plans. 9962. Same; bridges lawful structures and post routes; ileges, as to use thereof. 9963. Same; use of railroad bridges by other railroad compa- IllèS. 9964. Same; obstructions to navigation by: removal; lights and other signals; approval of plans; de- priv- alterations and draws; tolls. 9965. Same; failure to comply with orders under act, and violations of act; removal of bridge. 9966. Same; time for commencement and completion of bridge. - 9967. Same; ‘‘persons” defined. 9968. Same; reservation of right to amend or repeal act, without liability incurred by United States. 9969. Obstruction to navigation by bridges; construction of aids to navigation. 9970. Same; notice to alter; preme Court. 9971. Construction of bridges or dams over navigable waters; approval of plans. - 9972. Cººtion of bridges over Illinois and Mississippi 3.11a.I. 9973. Regulations for drawbridges over navigable waters. 9974. Expenses of investigations by Engineer Department. 9975. Pºon of currents by piers; complaints; investiga- TOIl S. § 9960. Maquoketa River—The assent of Con- gress is given to the construction of bridges across the Maquoketa River, within the State of Iowa, with Or Without draws, as may be provided by the laws of that State. (R. S. § 5250.) § 9981. Bridges over navigable waters; ap- proval of plans; deviation from plans—When, hereafter, authority is granted by Congress to any persons to Construct and maintain a bridge across or over any of the navigable waters of the United failure to alter; appeal to Su- States, Such bridge shall not be built or commenced until the plans and specifications for its construction, together With Such drawings Of the proposed construc- tion and Such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location Of Such bridge and accessory works; and when the plans for any bridge to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless [Page 16361 the modification of such plans has previously been Sub- mitted to and received the approval of the Chief of Engineers and of the Secretary of War. (March 23, 1906, c. 1130, § 1, 34 Stat. 84.) - § 9962. Same; bridges lawful structures and post routes; privileges, as to use thereof—Any bridge built in accordance with the provisions of this Act shall be a lawful structure and shall be recogniz- ed and known as a post route, upon which no higher Charge shall be made for the transmission Over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street rail- way, or public highway leading to said bridge; and the United States shall have the right to COnstruct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. (March 23, 1906, c. 1130, § 2, 34 Stat. 85.) § 9963. Same; use of railroad bridges by oth- er railroad companies—All railroad companies desir- ing the use of any railroad bridge built in accordance with the provisions of this Act shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any dis- agreement between the parties in regard to the terms of such use or the sums to be paid all matters at is- Sue shall be determined by the Secretary Of War upon hearing the allegations and proofs submitted to him. (March 23, 1906, c. 1130, § 3, 34 Stat. 85.) § 9964. Same; obstructions to navigation by; alterations and removal; lights and other sig- Imals; draws; tolls—No bridge erected Or maintained under the provisions of this Act shall at any time un- reasonably obstruct the free navigation of the waters Over which it is constructed, and if any bridge erected in accordance with the provisions of this Act shall, in the Opinion of the Secretary of War, at any time un- reasonably obstruct such navigation, either on account Of insufficient height, Width of Span, Or Otherwise, Or if there be difficulty in passing the draw Opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secre- tary of War, after giving the parties interested rea- sonable Opportunity to be heard, to notify the per- sons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and pre- scribing in each case a reasonable time in which to make such changes, and if at the end of the time so Specified the changes so required have not been made, the persons Owning Or Controlling Such bridge shall be deemed guilty of a violation of this Act; and all such alterations shall be made and all such obstruc- tions shall be removed at the expense of the persons owning or Operating said bridge, The persons own- ing Or Operating any Such bridge Shall maintain, at their own expense, Such lights and Other signals there- on as the Secretary of Commerce [and Labor] shall prescribe. If the bridge shall be Constructed with a draw, then the draw shall be opened promptly by the persons owning or Operating Such bridge upon reasonable signal for the passage of boats and other Water craft. If tolls shall be charged for the transit Over any bridge COnstructed under the provisions Of this Act, of engines, Cars, Street Cars, wagons, car- riages, vehicles, animals, foot passengers, or other passengers, such tolls Shall be reasonable and just, and the Secretary of War may, at any time, and from time to time, prescribe the reasonable rates of toll for such transit OVer Such bridge, and the rates so Ch. E) # 9970 RIVERS, HARBORS, AND CANALS prescribed shall be the legal rates and shall be the rates demanded and received for such transit. (March 23, 1906, c. 1130, § 4, 34 Stat. 85.) Text in brackets superseded by § 932. § 9965. Samie; failure to comply with orders under act, and violations of act; remaoval of bridge—Any persons who shall fail or refuse to COm- ply with the lawful order of the Secretary of War or the Chief of Engineers, made in accordance with the provisions of this Act, shall be deemed guilty Of a violation of this Act, and any persons who shall be guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any cóurt of competent jurisdiction by a fine not exceeding five thousand dollars, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to ad- ditional penalties therefor; and in addition to the penalties above described the Secretary of War and the Chief of Engineers may, upon refusal Of the per- sons owning or controlling any such bridge and a C- cessory works to comply with any lawful Order is- sued by the Secretary of War or Chief of Engineers in regard thereto, cause the removal Of Such bridge and accessory works at the expense of the perSOnS owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for Such expense in any court of competent jurisdiction; and the removal of any structures erected Or maintained in violation of the provisions of this Act or the Or- der or direction of the Secretary Of War Or Chief Of Engineers made in pursuance thereof may be enforc- ed by injunction, mandamus, or other Summary pro- cess, upon application to the Circuit Court in the dis- trict in which such structure may, in Whole Or in part, exist, and proper proceedings to this end may be in- stituted under the direction of the Attorney-General of the United States at the request Of the Secretary of War; and in case of any litigation arising from any obstruction or alleged Obstruction to navigation created by the construction of any bridge under this Act, the cause or question arising may be tried before the circuit court of the United States in any district which any portion of said obstruction or bridge touch- es. (March 23, 1906, c. 1130, § 5, 34 Stat. 85.) § 9966. Same; time for commencement and completion of bridge—Whenever Congress shall hereafter by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commence- ment and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such Act be commenced within One year and completed Within three years from the date of the passage of such Act. (March 23, 1906, c. 1130, § 6, 34 Stat. 86.) - § 9967. Same; “persons” defined—The word “persons” as used in this Act shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasi mu- nicipal corporations, corporations, COmpanies, and as- Sociations. (March 23, 1906, c. 1130, § 7, 34 Stat. 86.) § 9968. Same; reservation of right to amend or repeal act, without liability incurred by United States—The right to alter, amend, or repeal this Act is hereby expressly reserved as to any and all bridges which may be built in accordance with the provisions of this Act, and the United States shall in- cur no liability for the alteration, amendment, or repeal thereof to the owner Or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisions. (March 23, 1906, c. 1130, § 8, 34 Stat. 86.) § 9969. Obstruction to navigation by bridges; construction of aids to navigation—Whenever the IPage 1637. I Secretary of War shall have good reason to believe that any railroad or other bridge now or hereafter to be constructed over any of the navigable waters of the United States, under authority of the United States or of any State or Territory, is an obstruction to the free navigation of such waters, by reason Of difficulty in passing the draw-opening or the raft—Span of said bridge, by rafts, steamboats, or other water- Craft, it shall be the duty of the said Secretary, On satisfactory proof thereof, to require the company Or persons owning, controlling, or operating said bridge to cause Such aids to the passage of Said dra W-Open- ing or of said raft-span, or of both said draw-Opening and raft-span to be constructed, placed, and main- tained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamboats, and other watercraft safely through said opening or span, or both said opening or span, as shall be Speci- fied in his Order in that behalf; and on failure Of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same, to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose du--- ty it shall be to institute, in the name of the United States, proceedings in any [circuit or] district court of the United States in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceed- ings shall be covered into the Treasury of the United States: Provided, That no greater sum than fifteen thousand dollars shall be required to be expended upon any one bridge in a single year: Provided fur- ther, That such sum of money as may be necessary to execute the provisions of this act is hereby appro- priated, out of any money in the Treasury of the United States not otherwise appropriated, to be paid On the requisition of the Secretary Of War. (July 5, 1884, c. 229, § 8, 23 Stat. 148.) - Text in brackets superseded by §§ 1266–1268. § 997.0. Same; notice to alter; failure to al- ter; appeal to Supreme Court—Whenever the Sec- retary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, Over any of the navigable waterways of the United States is an un- reasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw Opening Or the draw span. Of Such bridge by rafts, Steamboats, Or Other water Craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons Or Corporations Owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving Such no- tice he shall specify the changes recommended by the Chief of Engineers that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of War Shall forthWith notify the United States district at- torney for the district in which such bridge is situat- ed, to the end that the Criminal proceedings herein- after mentioned may be taken. If the persons, corpo- ration, or association owning or controlling any rail- road or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Sec- retary of War, and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of War in the premises, such persons, corporation, Or asSociation shall be deemed guilty Of a misdemeanor, and on conviction thereof shall be punished by a fine § 9979 (Tit. 63. RIVERS, HARBORS, AND CANALs [Page 163SI not oxceeding five thousand dollars, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new Offense, and Sub- ject the persons, corporation, or association SO of fending to the penalties above prescribed: Provid- ed., That in any case arising under the provisions Of this section an appeal or writ of error may be taken from the district courts [or from the existing Cir- cuit Courts] direct to the Supreme Court either by the United States or by the defendants. (March 3, 1899, c. 425, § 18, 30 Stat. 1153.) Text in brackets superseded by §§ 1266–1268. § 9971. Construction of bridges or dams over navigable waters; approval of plans—It shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over Or in any port, roadstead, haven, harbor, canal, navigable riv- er, or other navigable water of the United States, until the consent of Congress to the building of such stric- tures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of War: Provided, That such structures may be built under authority of the legislature of a State across rivers and Other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of War before construction is commenced: And provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of War, it shall not be lawful to deviate from such plans either before Or after Completion Of the structure un- less the modification of said plans has previously been Submitted to and received the approval Of the Chief of Engineers and Of the Secretary of War. (March 3, 1899, c. 425, $ 9, 30 Stat. 1151.) § 9972. Construction of bridges over Illinois and Mississippi Canal—The provisions Of Section nine of the river and harbor Act Of March third, eighteen hundred and ninety-nine, are hereby made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. When- ever the Secretary of War shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and Conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation build- ing and Owning such bridge a right of way across the lands Of the United States On either side of and adjacent to the said Canal; also the privilege of Oc- cupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches. (June 13, 1902, c. 1079, § 10, 32 Stat. 374.) § 9973. Regulations for drawbridges over navigable waters—It shall be the duty of all per- sons owning, operating, and tending the drawbridges now built, Or which may hereafter be built acroSS the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of Such bridges under such rules and regulations as in the opinion of the Secretary of War the public inter- ests require to govern the Opening of drawbridges for the passage of vessels and Other water Crafts, and such rules and regulations, when so made and pub- lished, shall have the force of law. Every such per- son who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage Of a boat Or boats, or who shall Unfeason- ably delay the opening of said draw after reasonable signal shall have been given, as provided in such reg- ulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine Of not more than tWO thousand dollars nor leSS 9986. Muskingum River, Ohio; than one thousand dollars, or by imprisonment (in the case of a natural person) for not exceeding One year, or by both Such fine and imprisonment, in the discretion Of the Court: Provided, That the proper action to enforce the provisions Of this Section may be commenced before any Commissioner, judge, Or Court of the United States, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in Case of Crimes against the Unit- ed States: Provided further, That whenever, in the opinion of the Secretary of War, the public inter- ests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, arfd such rules and regulations, when So made and published, shall have the force of law, and any violation thereof shall be punished as hereinbefore provided. (Aug. 18, 1894, c. 299, § 5, 28 Stat. 362.) * See § 9862. - § 99.74. Expenses of investigations by Engi- neer Department—Expenses incurred by the Engi- meer Department in all investigations, inspections, hearings, reports, service of notice, or other action in- Cidental to examination of plans or sites of bridges or other structures built or proposed to be built in Or Over navigable waters, Or to examinations into alleged violations of laws for the protection and pres- ervation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improve- ment, maintenance, operation, or care of the water- ways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, Surveys, and Contingencies Of rivers and harbors. (March 3, 1905, c. 1482, § 6, 33 Stat. 1148.) § 9975. Deflection of currents by piers; com- piaints; investigations—Whenever Complaint shall be made to the Secretary of War that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be aSCertained that the complaint is well founded, he shall CauSe the owners or persons operating such bridge to repair such damage or prevent such danger to property by Such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing here- in Contained shall be Construed so as to affect any rights of action which may exist at the time Of the passage of this act. (Aug. 11, 1888, c. 860, § 2, 25 Stat. 423.) - Chapter F-Dams and Water Power Sec. 9976. Dams across navigable waters; approval of; plans; de- viation from plans; conditions; charges for privilege granted. - 9977. Same; right reserved to construct and operate locks for navigation. - 9978. Same; damages from flowage; lights and other signals; fish Ways. 9979. Same; forfeiture of rights; revocation of rights. 9980. Same; failure to comply with orders under and viola- - tions of act; removal of dam. 9981. Same; time for commencement and completion of dam. 99.82. Same; reservation of right to amend or repeal act. 9983. Same; “persons” and “dam” defined. 9984. International Waterways Commission; United States members. 9985. Same; retired officers of Engineer Corps eligible for service. report; leases of Water powers. 9987. Green and Barren Rivers, Kentucky; leases of Water powerS. Ch. F) 3 99.79 RIVERS, HARBORS, AND CANALS [Page 16391 Sec. 9988. Cumberland River, Tennessee; leases of water powers. 9989. Diversion of water from Saint Marys River for , water power; level of Lake Superior; conservation of right to flow of water; compensation for use of Water or water power; limitations on grants; leases; regula- tions. 99.89a. Niagara River; diversion of waters; permits. 998.9b. Same; permits for diversion of waters and transmis- Sion of power. - 99.89c. Same; unlawful diversion of waters. 9989d. Same; treaty with Great Britain. 99.89e. Same; termination of force of act. 99.89f. Same; appropriation. 99899. Same; amendment or repeal of act. 9989h. Same; temporary permits for diversion of Waters; termination of permits. ' 99.89i. Same; temporary permits for diversion of Water; time extended; SurveyS. 9990. Wabash River at Mount Carmel, Illinois; leases of Wa- ter power. 9991. Mississippi River, Saint Paul to Minneapolis; modified project adopted; leases of Water power. 9992. Development of water power. § 9976. Dams across navigable waters; ap- proval of; plans; deviation from plans; condi- tions; charges for privilege granted-When au- thority has been or may hereafter be granted by Con- gress, either directly or indirectly or by any Official Or officials of the United States, to any perSOnS, to COn- struct and maintain a dam for water power Or Other purpose across or in any of the navigable waters of the United States, such dam shall not be built or commenc- ed until the plans and specifications for such dam and all accessory works, together with such drawings Of the proposed construction and Such map of the pro- posed location as may be required for a full under- standing of the subject, have been submitted to the Secretary of War and the Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location Of Such dam and accessory works; and when the plans and specifications for any dam to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans Or specifications either before or after completion of the structure unless the modification. Of Such plans Or specifications has previously been submitted to and received the approval Of the Chief of Engineers and of the Secretary of War: Provided, That in approv- ing the plans, specifications, and location for any dam, such conditions and stipulations may be impos- ed as the Chief . Of Engineers and the Secretary of War may deem necessary to protect the present and future interests of the United States, which may in- clude the condition that the persons Constructing or maintaining such dam shall construct, maintain, and Operate, without expense to the United States, in COInnection with any dam and accessory Or appurte- nant Works, a lock or locks, booms, sluices, or any Other Structure Or structures which the Secretary Of War and the Chief of Engineers’ Or Congress at any time may deem necessary in the interests Of naviga- tion, in accordance with such plans as they may ap- prove, and also that whenever Congress shall authorize the COnStruction Of a lock Or Other structures for nav- igation purposes in Connection with such dam, the persons Owning such dam shall Convey to the United States, free of cost, title to such land as may be re- quired for such constructions and approaches, and shall grant to the United States free water power or power generated from water power for building and operating such constructions: Provided further, That in acting upon said plans as aforesaid the Chief Of Engineers and the Secretary of War shall consider the bearing Of Said structure upon a comprehensive plan for the improvement Of the waterway Over which it is to be constructed with a view to the pro- Innotion Of its navigable quality and for the full de- velopment Of Water power; and, as a part Of the Con- ditions and stipulations imposed by theim, shall pro- vide for improving and developing navigation, and fix Such Charge Or charges for the privilege granted as may be sufficient to restore conditions with respect to navigability as existing at the time such privilege be granted or reimburse the United States for doing the same, and for Such additional or further expense as may be incurred by the United States with refer- ence to such project, including the cost of any investi- gations necessary for approval of plans and of such Supervision. Of Construction as may be necessary in the interests of the United States: Provided further, That the Chief of Engineers and the Secretary of War are hereby authorized and directed to fix and Collect just and proper charge or charges for the privilege granted to all dams authorized and con- structed under the provisions of this Act which shall receive any direct benefit from the construction, Op- eration, and maintenance by the United States of Storage reservoirs at the headwaters Of any naviga- ble streams, or from the acquisition, holding, and maintenance of any forested watershed, or lands lo- Cated by the United States at the headwaters Of any navigable stream, wherever such shall be, for the development, improvement, or preservation of naviga- tion in such streams in which such dams may be constructed. (June 21, 1906, c. 3508, § 1, 34 Stat. 386, amended, June 23, 1910, c. 360, 36 Stat. 593.) § 9977. Same; right reserved to construct , and operate locks for navigation—The right is hereby reserved to the United States to construct, maintain, and Operate, in Connection with any dam built in accordance with the provisions of this Act, a suitable lock or locks, booms, sluices, or any other structures for navigation purposes, and at all times to control the said dam and the level of the pool Caused by said dam to such an extent as may be necessary to 'provide proper facilities for navigation. (June 21, 1906, c. 3508, § 2, 34 Stat. 386, amended, June 23, 1910, c. 360, 36 Stat. 594.) § 9978. Same; damages from flowage; lights and other signals; fishways—The persons COn- Structing, maintaining, Or Operating any dam or ap- purtenant or accessory works, in accordance with the provisions of this Act, Shall be liable for any damage that may be inflicted thereby upon private property, either by overflow or otherwise. The per- sons owning or operating any such dam, or acces- sory works, subject to the provisions Of this Act, Shall maintain, at their OWn expense, such lights and Other signals thereon and such fishways as the Sec- retary Of Commerce "[and Labor] shall prescribe, and for failure so to do in any respect shall be deemed guilty of a misdemeanor and subject to a fine Of not less than five hundred dollars, and each month of such failure shall constitute a separate offense and Subject such persons to additional penalties therefor. (June 21, 1906, c. 3508, § 3, 34 Stat. 386, amended, June 23, 1910, c. 360, 36 Stat. 594.) Text in brackets superseded by § 932. § 9979. Same; forfeiture of rights; revoca- tion of rights—All rights acquired under this Act shall cease and be determined if the person, com- pany, or Corporation acquiring Such rights shall, at any time, fail, after receiving reasonable notice there- of, to comply with any of the provisions and require- ments of the Act, or with any of the stipulations and conditions that may be prescribed as aforesaid by the Chief of Engineers and the Secretary of War, including the payment into the Treasury of the Unit- ed States of the charges provided for by section. One of this Act: Provided, That Congress may revoke any rights conferred in pursuance of this Act when- ever it is necessary for public use, and, in the event of any such revocation by Congress, the United States shall pay the OWners of any dam and appurtenant Works built under authority Of this Act, as full compensation, the reasonable value thereof, exclusive of the value of the authority or franchise granted, 3 9979 (Tit. 63 RIVERS, HARBORS, AND CANALS such reasonable value to be determined by mutual agreement between the Secretary of War and the said owners, and in Case they cannot agree, then by proceedings instituted in the United States [Circuit] Court for the COndemnation of such properties: And provided also, That the authority granted under or in pursuance Of the provisions of this Act shall termi- nate at the end of a period not to exceed fifty years from the date of the original approval of the project under this Act, unless sooner revoked as herein pro- vided or Congress shall otherwise direct: Provided, however, That this limitation shall not apply to any Corporation. Or individual heretofore authorized by the United States, or by any State, to construct a dam in Or acroSS a navigable waterway, upon which dam expºnditures Of money have heretofore been made in reliance upon such grant or grants. (June 21, 1906, c. 3508, § 4, 34 Stat. 386, amended, June 23, 1910, c. 360, 36 Stat. 595.) - Text in brackets superseded by §§ 1266–1268. § 99.80. Same; failure to coimply with orders under and violations of act; removal of dam— Any persons who shall fail or refuse to comply with the lawful order of the Secretary of War and the Chief Of Engineers, made in accordance with the provisions of this Act, shall be deemed guilty of a violation. Of this Act, and any persons who shall be guilty of a Violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding five thou- sand dollars, and every month such persons shall re- main in default shall be deemed a new offense and Subject Such perSons to additional penalties therefor; and in addition to the penalties above described the Secretary of War and the Chief of Engineers may, upon refusal of the persons owning or controlling any Such dam and accessory works to comply with any lawful order issued by the Secretary of War or Chief Of Engineers in regard thereto, cause the removal Of Such dam and accessory works as an obstruction to navigation at the expense of the persons Owning Or Controlling Such dam, and suit for such expense may be brought in the name of the United States against Such perSOnS, and recovery had for such ex- pense in any Court of competent jurisdiction. Said provision as to recovery of expense shall not apply wherever the United States has been previously re- imbursed for such removal; and the removal or any Structures erected Or maintained in violation of the provisions Of this Act Or the Order Or direction of the Secretary of War or the Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon appli- Cation to the [Circuit] court in the district in which Such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted un- der the direction of the Attorney-General of the United States at the request of the Chief of Engi- neers or the Secretary of War; and in case of any litigation arising from any obstruction or alleged ob- Struction to navigation created by the construction Of any dam under this Act the cause or question arising may be tried before the [circuit] court of the United States in any district in which any por- tion of said obstruction or dam touches. (June 21, 1906, c. 3508, § 5, 34 Stat. 386, amended, June 23, 1910, c. 360, 36 Stat. 595.) Text in brackets superseded by §§ 1266–1268. § 9981. Same; time for commencement and completion of dam—Whenever Congress shall here- after by law authorize the construction of any dam across any of the navigable waters of the United States, and no time for the commencement and com- pletion Of Such dam is named in said Act, the author- ity thereby granted shall cease and be null and Void unless the actual COnstruction of the dam authorized in such Act be commenced within one year and com- pleted within three years from the date of the passage - [Page 1640.] of such Act. (June 21, 1906, c. 3508, § 6, 34 Stat. 387, amended, June 23, 1910, c. 360, 36 Stat. 596.) - - § 9982. Same; reservation of right to amend or repeal act—The right to alter, amend, or repeal this Act is hereby expressly reserved as to any and all dams which may be constructed in accordance With the provisions of this Act, and the United States Shall incur no liability for the alteration, amendment, Or repeal thereof to the owner or owners or any oth- er perSons interested in any dam which shall have been constructed in accordance with its provisions. (June 21, 1906, c. 3508, § 7, 34 Stat. 387, amended, June 23, 1910, c. 360, 36 Stat. 596.) . . § 9983. Same; “persons” and “dam” defined —The Word “persons” as used in this Act shall be Construed to import both the singular and the plural, as the case demands, and shall include corporations, Companies, and associations. The word “dam” as used in this Act shall be construed to import both the Singular and the plural, as the case demands. (June 21, 1906, c. 3508, § 8, 34 Stat. 387, amended, June 23, 1910, c. 360, 36 Stat. 596.) $ 9.984. International Waterways Commission; report; United States members—The President of the United States is hereby requested to invite the Government of Great Britain to join in the forma- tion of an international commission, to be composed Of three members from the United States and three Who Shall represent the interests of the Dominion of Canada, whose duty it shall be to investigate and re- port upon the conditions and uses of the waters ad- jacent to the boundary lines between the United States and Canada, including all of the waters of the lakes and rivers whose natural outlet is by the River Saint Lawrence to the Atlantic Ocean; also upon the main- tenance and regulation of suitable levels; and also upon the effect upon the shores of these waters and the Structures thereon, and upon the interests of navi- gation, by reason of the diversion of these waters from Or change in their natural flow ; and, further, to report upon the necessary measures to regulate such diversion, and to make such recommendations for im- provements and regulations as shall best Subserve the interests of navigation in said waters. The said com- missioners shall report upon the advisability of lo- Cating a dam at the outlet of Lake Erie, with a view to determining whether such dam will benefit naviga- tion, and if such structure is deemed advisable, shall make recommendations to their respective Govern- ments looking to an agreement or treaty which shall provide for the Construction of the same, and they Shall make an estimate of the probable cost thereof. The President, in selecting the three members of said Commission who shall represent the United States, is authorized to appoint one officer of the Corps of En- gineers of the United States Army, one civil engineer Well Versed in the hydraulics Of the Great Lakes, and One lawyer of experience in questions of international and riparian law, and said Commission shall be au- thorized to employ such persons as it may deem need- ful in the performance of the duties hereby imposed ; and for the purpose Of paying the expenses and sal- aries Of Said Commission the Secretary Of War is all- thorized to expend from the amounts heretofore ap- propriated for the Saint Marys River at the Falls, the Sum Of twenty thousand dollars, or so much thereof as may be necessary to pay that portion Of the ex- penses of said Commission chargeable to the United States. (June 13, 1902, c. 1079, § 4, 32 Stat. 373.) § 9.985. Same; retired officers of Engineer Corps eligible for service—International Waterways Commission: * * And retired officers of the Corps of Engineers of the United States Army shall be eligi- ble for service on said Commission. (June 30, 1906, c. 3914, § 1, 34 Stat. 743.) § 9986. Muslsingum River, Ohio; leases of water powers—Improving Muskingum River, Ohio, * * and the Secretary of War is hereby authorized Ch. F) ź 9989 RIVERS, HARBORS, AND CANALS [Page 1641] and empowered to grant leases or licenses for the use Of the water powers On the Muskingum River at Such rate and on such conditions and for such periods of time as may seem to him just, equitable, and expe- dient: Provided, That the leases Or licenses shall be limited to the use of the surplus water not required for navigation. And he is also empowered to grant leases Or licenses for the Occupation of such lands be- longing to the United States on said Muskingum Riv- er as may be required for millsites or for other pur- poses not inconsistent with the requirements of navi- gation ; and all moneys received under Such leases or licenses shall be turned into the Treasury Of the Dnited States, and the itemized statement thereof shall accompany the annual report of the Chief of Engineers. (Aug. 11, 1888, c. 860, § 1, 25 Stat. 417.) $ 9.987. Green and Barren Rivers, Kentucky; leases of water powers—The Secretary of War is hereby authorized and empowered to grant leases Or licenses for the use of the water-powers on the Green and Barren, Rivers at such a rate and on such condi- tions and for such periods of time as may seem to him -just, equitable, and expedient; said leases not to ex- Ceed the period of twenty years: Provided, That the leases or licenses shall be limited to the use of the surplus water not required for navigation. And he is also empowered to grant leases or licenses for the occupation of such lands belonging to the United States on said Green and Barren Rivers as may be required for millsites or for other purposes not in- consistent with the requirements of navigation ; Said leases or licenses not to extend beyond the period of twenty years; and all moneys received under Such leases or licenses shall be turned into the Treasury of the United States, and the itemized Statement there- of shall accompany the annual report of the Chief Of Engineers. But nothing in this act shall be construed to affect any vested right, if such there be, of any lessee of water-power on said river. (Sept. 19, 1890, c. 907, § 1, 26 Stat. 447.) § 9988. Cumberland River, Tennessee; leases bf water powers—Improving Cumberland River, Ten- nessee, above Nashville: For the completion of Lock and Dam Numbered One and for maintenance, * *. And the Secretary of War is hereby authorized, in his discretion, to grant leases or licenses to the high- est responsible bidder for the use of the water power Created by Said dam, at Such a rate and On Such Con- ditions and for such periods of time as may seem to him expedient ; and he is also authorized, in his discretion, to issue permits for the construction, main- tenance, and Operation of inlet and outlet canals and Other structures, on such plans as he may approve, for the diversion of water aforesaid: Provided, That any lease or license SO granted shall be limited to the use of the surplus water not required for naviga- tion, and no structures shall be built and no opera- tions be conducted which shall in any manner in- jure navigation, interfere with the operations of the GOVernment, or impair the usefulness of any im- proVelment made by the Government for the benefit Of navigation; and the right of Congress to alter, almend, Or repeal the provisions of this paragraph is hereby expressly reserved: Provided further, That before leasing or licensing such water privileges, or issuing permits for the construction and operation Of Such canals, or otherwise disposing of any water power Or privilege, the Secretary of War shall first advertise the same in one or more daily papers at . Nashville, for sixty days immediately preceding, Stating Specifically the right or privilege proposed to be leased Or conveyed, with its exact limitations, inviting bids for the same, and he may, in his dis. Cretion, then lease the same for a specific term of years at SO much per year, to be paid semiannually in Cash into the Treasury and the Secretary of War shall reserve the right to reject any or all bids. (June 13, 1902, c. 1079, § 1, 32 Stat. 358.) § 19989. Diversion of water from Saint Marys River for water power; level of Lake Superior; conservation of right to flow of water; compen- sation for use of water or water power; limita. tions ori grants; leases; regulations—Subject to the express precedent conditions hereinafter men- tioned, the Michigan Lake Superior Power Company, Of Sault Sainte Marie, Michigan, its successors and assigns, after first obtaining consent of the Secre- tary of War and the Chief of Engineers and their approval Of the said canal and remedial works pro- posed, is hereby authorized to divert water from the Saint Marys River into its water-power carial now being Constructed at Sault Sainte Marie, Michigan, for water-power purposes while and so long as such WOrkS and diversion Of Water from Said river Shall Inot injuriously affect navigation therein, nor impair Or diminish the Water levels or any natural increase thereof either in Lake Superior or in the United States ship Canal and locks or the navigable Chan- nels, locks, or ship canals Connected therewith, wheth- er natural or artificial, now existing or which may hereafter be established or created by the United States for navigation purposes. And conditioned fur- ther, that said company shall establish, maintain and Operate suitable and sufficient remedial and con- trolling works in the rapids of said river, to the ap- proval of the Secretary of War and the Chief of En- gineers; and said company shall maintain and oper- ate Said Canal and works in accordance with any rules and regulations that may hereafter be recom- mended by any International Commission and that Shall become Operative. Whenever, in the judgment Of the Secretary of War, the Operation of said Canai and remedial and controlling works, or either of them, either in themselves or in conjunction with any Other Canal Or Canals in the United States or Canada. Which now or hereafter may exist, is in- juriously affecting water levels or the navigation of Lake Superior, the River Saint Mary's or other chan- Inels, IOCks Or ship Canals connected there with as hereinbefore provided, he shall impose upon said Company Such rules and regulations for the Opera- tion of Said Canal and remedial works, as may, in his Opinion, be necessary to prevent such injury. It Shall become his duty, and he shall have the au- thority to enter upon the property of said Company and to close Said canal in whole or in part to the eXtent necessary to maintain water levels and to re- quire Said Company, at its own expense, to remove, add to Or modify said Works Or any part thereof to the extent necessary to maintain Water levels. Nei- ther the Secretary of War nor the Chief of Engineers Or any officer or other person acting under direction of them or either of them, shall be in any way liable | by reason of anything done in the execution of this provision. All remedies herein provided however, shall be Cumulative and shall be without prejudice to any oth- er remedies either Of the United States or of in- dividuals for failure of said Company to maintain Said levels for navigation purposes as herein pro- Vided. * Nothing herein Contained shall be held to affect . any existing riparian or other rights of any person or Corporation, or the existing remedies therefor, or any action at law or equity now pending. The right is hereby expressly reserved to Congress to alter, amend Or repeal the provisions contained in this paragraph. The right to the flow of water, and riparian, water power, and other rights, now or hereafter owned by the United States in the Saint Marys River in Michi. gan Shall be forever Conserved for the benefit of the Government of the United States, primarily for the purposes of navigation and incidentally for the pur- ź 9989a (Tit. 63 RIVERS, HARBORS, AND CANALS pose of having the water power developed, either for the direct use of the United States, or by lease or other agreement, through the Secretary of War, who is hereby authorized to make Such leases or agree- ments: Provided, That a just and reasonable com- pensation shall be paid for the use of all waters or Water power now or hereafter owned in said. Saint Marys River by the United States, whether utilized in said river or in any lateral canal, said compensa- tion to be fixed by the Secretary of War: Provided further, That under no circumstances shall any rights be granted in said river which Will interfere with the needs and uses of navigation, or which will limit the absolute COntrol Of Said land and waters when desired for purposes of navigation by the United States, Or for a longer period than thirty years, and the Secretary of War, in his discretion, may provide for readjustment of compensation at periods of ten years, nor shall any such rights be granted with- Out just and adequate compensation. It is intended that any excess of water in the Saint Marys River at Sault Sainte Marie over and above the amount now or hereafter required for the uses of navigation Shall be leased for power purposes by the Secretary Of War upon such terms and conditions as shall be best Calculated in his judgment to insure the develop- ment thereof. The Secretary of War may, as often as necessary, make such regulations as in his judg- ment are reasonable and just and best calculated to Garry Out the purposes of this section. (June 13, 1902, c. 1079, § 1, 32 Stat. 361, amended, March 3, 1909, c. 264, § 12, 35 Stat. 821.) § 9989a. Niagara River; diversion of waters; permits—The diversion of water from Niagara Riv- er or its tributaries, in the State of New York, is hereby prohibited, except with the Consent Of the Secretary Of War as hereinafter authorized in Section two of this Act: Provided, That this prohibition shall not be interpreted as forbidding the diversion of the waters of the Great Lakes or of Niagara River for sanitary or domestic purposes, or for navigation, the amount of which may be fixed from time to time by the Congress of the United States or by the Secretary Of War Of the United States under its direction. (June 29, 1906, c. 3621, § 1, 34 Stat. 626.) § 99.89%b. Same; permits for diversion of wa- ters and transmission of power—The Secretary of War is hereby authorized to grant permits for the diversion of water in the United States from said Niagara River or its tributaries for the creation of power to individuals, companies, Or Corporations which are now actually producing power from the Waters of said river, or its tributaries, in the State of New York, or from the Erie Canal; also permits for the transmission of power from the DOminion of Canada into the United States, to companies legally authorized therefor, both for diversion and transmis- Sion, as hereinafter stated, but permits for diversion shall be issued Only to the individuals, COmpanies, Or Corporations as aforesaid, and Only to the amount now actually in use or contracted to be used in factories the buildings for which are now in process of con- struction, not exceeding to any one individual, com- pany or corporation as aforesaid a maximum amount of eight thousand six hundred cubic feet per second, and not exceeding to all individuals, COmpanies Or corporations as aforesaid an aggregate amount of fifteen thousand six hundred Cubic feet per Second; but no revocable permits shall be issued by the said Secretary under the provisions hereafter set forth for the diversion of additional amounts of water from the said river or its tributaries until the approximate amount for which permits may be issued as above, to wit, fifteen thousand, six hundred cubic feet per second, shall for a period. Of not less than six months have been diverted from the Waters Of Said river Or its tributaries, in the State of New York: Provided, IIPage 1642.] That the said Secretary, subject to the provisions of Section five Of this Act, under the limitations relat- ing to time above set forth is hereby authorized to grant revocable permits, from time to time, to Such individuals, Companies, or corporations, or their as- signs, for the diversion of additional amounts of Water from the said river Or its tributaries to Such amount, if any, as, in connection with the amount diverted on the Canadian side, shall not injure Or in- terfere with the navigable capacity of said river, or its integrity and proper volume as a boundary stream, Or the scenic grandeur of Niagara Falls; and that the quantity Of electrical power which may by permits be allowed to be transmitted from the Dominion. Of Canada into the United States, shall be one hundred and sixty thousand horsepower: Provided further, That the said Secretary, subject to the provisions of Section five of this Act, may issue revocable permits for the transmission of additional electrical power SO generated in Canada, but in no event shall the amount included in such permits, together with the said one hundred and sixty thousand horsepower and the amount generated and used in Canada, exceed three hundred and fifty , thousand horsepower: Pro- vided always, That the provisions herein permitting diversions and fixing the aggregate horsepower here- in permitted to be transmitted into the United States, aS aforesaid, are intended as a limitation. On the au- thority of the Secretary of War, and shall in no wise be COnstrued as a direction to said Secretary to issue permits, and the Sécretary Of War shall make regula- tions preventing or limiting the diversion of water and the admission of electrical power as herein stated: and the permits for the transmission of electrical power issued by the Secretary of War may specify the persons, companies, or Corporations by whom the same shall be transmitted, and the perSOnS, COm- panies, or corporations to whom the same shall be delivered. (June 29, 1906, c. 3621, § 2, 34 Stat. 626.) § 9989e. Same; unlawful diversion of waters —Any person, Company, Or Corporation diverting Wa- ter from the said Niagara River or its tributaries, Or transmitting electrical power into the United States from Canada, except as herein stated, or violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And, further, the re- moval of any structures or parts of structures erect- ed in violation of this Act, or any construction inci- dental to or used for such diversion of water Or trans- mission of power as is herein prohibited, as well as any diversion of water or transmission of power in violation hereof, may be enforced or enjoined at the suit of the United States by any circuit court having jurisdiction in any district in which the same may be located, and proper proceedings to this end may be instituted under the direction of the Attorney-Gen- eral of the United States. (June 29, 1906, c. 3621, § 3, 34 Stat. 627.) - § 99.89d. Same; treaty with Great Britain— The President Of the United States is respectfully re- quested to open negotiations with the Government of Great Britain for the purpose of effectually pro- viding, by suitable treaty with said Government, for such regulation and control of the waters of Niagara River and its tributaries as will preserve the scenic grandeur of Niagara Falls and of the rapids in said river. (June 29, 1906, c. 3621, § 4, 34 Stat. 628.) § 99.89e. Same; termination of force of act— The provisions of this Act shall remain in force for three years from and after date of its passage, at the expiration of which time all permits granted hereun- der by the Secretary of War shall terminate unless sooner revoked, and the Secretary of War is hereby Ch. G) 3 9992 RIVERS, HARBORS, AND CANALS IPage 1643] authorized to revoke any or all permits granted by him by authority of this Act, and nothing herein COn- tained shall be held to confirm, establish, or confer any rights heretofore claimed or exercised in the diversion Of water or . the transmission Of power. (June 29, 1906, c. 3621, § 5, 34 Stat. 628.) This act was extended to June 29, 1911, by Res. March 3, 1909, No. 24, 35 Stat. 1169. It was again extended to March 1, 1912, by Res. Aug. 22, 1911, No. 9, 37 Stat., 43. It was again extended to March 4, 1913, by Res. April 5, 1912, No. 12, 37 Stat. 631. - º § 9989f. Same; appropriation—For accomplish- ing the purposes detailed in this Act the Sum of fifty thousand dollars, or so much thereof as may be neC- essary, is hereby appropriated from any moneys in the Treasury not otherwise appropriated. (June 29, 1906, c. 3621, § 6, 34 Stat. 628.) § 99.89g. Same; amendment or repeal of act- The right to alter, amend, or repeal this Act is here- by expressly reserved. (June 29, 1906, c. 3621, § 7, 34 Stat. 628.) - § 99.89h. Same; temporary permits for diver- sion of waters; termination of permits—That the Secretary of War be, and he is hereby, authorized to issue permits, revocable at will, for the diversion of water in the United States from the Niagara River above the Falls for the creation of power to individ- uals, companies, or corporations which are n0W ac- tually producing power from the waters of said river, in additional quantities which with present diver- sions, shall in no case exceed the capacity Of the generating machinery of the permittee and tenant companies now installed and ready for Operation, nor an amount Sufficient to enable the permittee to Sup- ply the now existing hydroelectric demands of the in- dividuals, companies, or Corporations which said per- mittee and tenant companies are now Supplying, but not in excess of the capacity of power-using appli- ances of Said COnsumers now installed and ready for Operation: Provided, That in no event shall the total quantity of water diverted in the United States from said river above the Falls for power purposes exceed in the aggregate a daily diversion at the rate of twenty thousand cubic feet per second: And provid- ed further, That this resolution shall remain in force until the first day of July, nineteen hundred and Seventeen, and no longer, at the expiration. Of Which time all permits granted hereunder shall terminate, unless sooner revoked; and nothing herein contained shall be held to Confirm, establish, Or Confer in or upon any such permittee any right in Or to the wa- ter which he is now diverting or which he may be authorized to divert hereunder. Any such permittee who without further authority of Congress diverts after the time herein named for the expiration of such permit any part of the additional amount of water, authorized by Congress to be diverted for the first time under this resolution, shall be guilty of a misdemeanor and be punished by a fine not exceed- ing $2,000 nor less than $500, or by imprisonment not exceeding one year nor less than thirty days, or both in the discretion of the COurt; and each and every day on which such violation occurs or is committed Shall be deemed a separate Offense: Provided, That where such violation is charged against the Company Or Corporate body, the Offense shall be taken and deemed to be that of any director, Officer, agent, or employee of such company or corporate body Ordering, directing, or permitting the same. (Jan. 19, 1917, c. 18, 39 Stat. 867.) § 99.89i. Same; temporary permits for diver- sion of water; time extended; surveys—Public resolution Inumbered forty-five Of the Sixty-fourth Congress, approved January nineteenth, nineteen hun- dred and seventeen, entitled “Joint resolution author- izing the Secretary of War to issue temporary per- mits for additional diversions of water from the Ni- agara River,” is continued in full force and effect, and under the Same Conditions, restrictions, and limita- tions, until July first, nineteen hundred and eighteen: Provided, That the Secretary of War is hereby au- thorized and directed to make a comprehensive and thorough investigation, including all necessary Sur- veys and maps, of the entire subject of water diver- . Sion from the Great Lakes and the Niagara River, including navigation, Sanitary and power purposes, and the preservation of the scenic beauty of Niagara Falls and the rapids of Niagara River, and to report to Congress thereon at the earliest practicable date. To carry out the provisions of this proviso, there is hereby appropriated, out of any money in the Treas. ury not otherwise appropriated, the sum of $25,000. (June 30, 1917, c. 34, 40 Stat. 241.) - - § 9990. Wabash River at Mount Carmel, Il- linois; leases of water power—The Secretary of War is hereby authorized and empowered to grant leases Or licenses for the use of the water power Created by the government dam of the Wabash River at Mount Carmel, Illinois, at Such a rate, and On such condi- tions, and for such periods of time, as may seem to him just, equitable, and expedient ; the said leases or licenses to be limited to the use of the surplus water not required for navigation, and to a period not ex- ceeding twenty years; and he is also empowered to grant leases or licenses, not exceeding twenty years, for the occupation of such land belonging to the - United States on said river as may be required for mill Sites or other industrial purposes not inconsistent with the requirements of navigation: Provided, That all moneys received under such leases or licenses shall be deposited in the Treasury of the United States, and an itemized Statement thereof shall accompany the annual report of the Chief of Engineers. (March 3, 1909, c. 264, § 9, 35 Stat. 819.) § 9991. Mississippi River, Saint Paul to Minneapolis; modified project adopted; leases of water power—Improving Mississippi River, from Saint Paul to Minneapolis: The modified project recommended by the Chief of Engineers in his report dated March third, nineteen hundred and ten, printed in House Document Numbered Seven hundred and for- ty-One, Sixty-first Congress, Second Session, is hereby adopted, and all future work on Said improvement shall be prosecuted in accordance there with: Provid- ed., That in the making of leases for water power a reasonable compensation shall be secured to the Unit- ed States, and the rates as fixed shall be subject to revision by Congress. (June 25, 1910, c. 382, § 1, 36 Stat. 659.) .. § 9992. Development of water power—In Or- der to make possible the economical future develop- ment of water power the Secretary of War, upon recommendation of the Chief of Engineers, is hereby authorized, in his discretion, to provide in the per- manent parts of any dam authorized at any time by Congress for the improvement of navigation such foundations, sluices, and Other Works, as may be COn- sidered desirable for the future development of its water power. (July 25, 1912, c. 253, § 12, 37 Stat. 233.) . Chapter G–The Mississippi River Sec. Commission 9998. Mississippi River Commission created. 9994. Appointment of commission; compensation; tenure. 9995. Compensation of member appointed from Coast and Geodetic Survey. 9995a. Salaries of civilian members. 9996. Traveling expenses of civilian members and Assistant- - Engineer of Board of Engineers. 9997. Duties of commission; detail of assistants; force. 9998. Plans; report. 9999. Plans for immediate works. 10000. Secretary of commission. 10001. Ilisposition of appropriation for commission. - 10002. Funds appropriated for improving Mississippi River be- tween Head of Passes and mouth of Ohio River al- lotted to leveeS. additional z 9993 RIVERS, HARBORS, AND CANALS (Tit. 63 [Page 1644] Sec. e a * * * 10002a. Allotments for improvements on Mississippi River and Ohio River. e º 10002aa. Modification of project for improvement of Ohio River. 10002b. Improvement of Ohio River not under jurisdiction of Commission. 10002c. Jurisdiction of commission extended. 10003. Offices and meetings of commission. § 9993. Mississippi River Commission creat- ed—A commission is hereby created to be called “The Mississippi River Commission”, to consist Of Seven members. (June 28, 1879, c. 43, § 1, 21 Stat. 37.) § 9994. Appointment of commission; coin- pensation; tenure—The President of the United States shall, by and with the advice and consent of the Senate, appoint seven commissioners, three of whom shall be selected from the Engineer Corps Of the Army, one from the Coast and Geodetic Survey, and three from civil life, two of whom shall be civil engineers. And any vacancy which may Occur in the commission shall in like manner be filled by the President of the United States; and he shall desig- nate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed from the Engineer Corps of the Army and the Coast and Geodetic Survey shall receive no Other pay Or COInpen- sation than is now allowed them by law, and the other three commissioners shall receive as pay and compensation for their services each the sum of three thousand dollars per annum ; and the Commissioners appointed under this act shall remain in office subject to removal by the President of the United States. (June 28, 1879, c. 43, § 2, 21 Stat. 37.) - $ 9995. Compensation of member appointed from Coast and Geodetic Survey—From and after the date of the approval of this Act the member of said commission appointed from the Coast and Geo- detic Survey shall receive the same annual COmpensa- tion as Other civilian members Of Said Commission, and the excess Of Said COmpensation OVer and above the Compensation he receives from the Coast and Geodetic Survey shall be paid from the funds of said commission. (June 25, 1910, c. 382, § 1, 36 Stat. 658.) § 9995a. Salaries of civilian meſſabers—The salary of the civilian members of the Mississippi Riv- er Commission shall hereafter be $5,000 per annum. (March 1, 1917, c. 144, § 4, 39 Stat. 951.) § 9996. Traveling expenses of civilian mem- bers and Assistant-Engineer of Board of Engia neers—The traveling expenses Of the Civilian members Of the Mississippi River Commission, and Of the AS. sistant Engineer Of the Board of Engineers for Rivers and Harbors, When On duty, shall be computed and paid in the same Way as the traveling expenses of the Army members Of Said COmmission and Of Said board. (July 25, 1912, c. 253, § 1, 37 Stat. 218.) § 9997. Duties of commission; detail of as- sistants; additional force—It shall be the duty of said commission to direct and complete such surveys Of said river, between the Head of the Passes near its mouth to its headwaters as may now be in prog- Tess, and to make such additional surveys, examina- tions, and investigations, topographical, hydrographi- cal, and hydrometrical, Of said river and its tribu- taries, as may be deemed necessary by said commis- SiOn to Carry Out the Objects Of this act. And to enable said commission to complete such surveys, ex- aminations, and investigations, the Secretary of War Shall, when requested by said commission, detail from the Engineer Corps Of the Army such officers and men as may be necessary, and shall place in the charge and for the use Of Said Commission Such vessel Or Vessels and Such machinery and instruments as may be under his control and may be deemed necessary. And the [Secretary of the Treasury] shall, when requested by said commission in like manner detail from the Coast and GeOdetic Survey Such Officers and men as may be necessary, and shall place in the charge and River: * * for the use of said commission such vessel or vessels and Such machinery and instruments as may be un- der his control and may be deemed necessary. And the Said COInmission may, with the approval of the Secre- tary of War, employ such additional force and assist- ants, and provide, by purchase or otherwise, such ves- Sels ..Or boats and such instruments and means as may be deemed necessary. (June 28, 1879, c. 43, § 3, 21 Stat. 38.) - Text in brackets superseded by §§ 857, 859. § 9998. Plans; report—It shall be the duty of Said Commission to take into consideration and ma- ture Such plan or plans and estimates as will correct, permanently locate, and deepen the channel and protect the banks of the Mississippi River; improve and give Safety and ease to the navigation thereof; prevent destructive floods; promote and facilitate COmmerce, trade, and the postal service; and when so prepared and matured, to submit to the Secretary of War a full and detailed report of their proceedings and actions, and of such plans, with estimates of the COst thereof, for the purposes aforesaid, to be by him transmitted to Congress: Provided, That the com- mission shall report in full upon the practicability, feasibility, and probable cost of the various plans known as the jetty System, the levee system, and the Outlet System, as well as upon such others as they º necessary. (June 28, 1879, c. 43, § 4, 21 Stat. § 9999. Plans for immediate works—The said Commission may, prior to the completion of all the Surveys and examinations contemplated by this act, prepare, and submit to the Secretary of War plans, Specifications, and estimates of costs for such imme- diate Works as, in the judgment of said commission, may constitute a part of the general system of works herein Contemplated, to be by him transmitted to Con- gress. (June 28, 1879, c. 43, § 5, 21 Stat. 38.) § 10900. Secretary of commission—The Secre- tary of War may detail from the Engineer Corps of the Army of the United States an officer to act as Secretary of Said commission. (June 28, 1879, c. 43, § 6, 21 Stat. 38.) - - § 10001. Disposition of appropriation for commission—The Secretary of War is hereby au- thorized to expend the sum of one hundred and seven- ty-five thousand dollars, or so much thereof as may be necessary, for the payment of the salaries herein provided for, and of the necessary expenses incurred in the Completion of Such surveys as may now be in progress, and Of Such additional surveys, examina- tions, and investigations as may be deemed necessary, reporting the plans and estimates, and the plans, Specifications, and estimates contemplated by this act, as herein provided for; and said sum is hereby appro- priated for said purposes out of any money in the Treasury not otherwise appropriated. (June 28, 1879, c. 43, § 7, 21 Stat. 38.) § 10002. Funds appropriated for improving Mississippi River between Head of Passes and mouth of Ohio River allotted to levees—Any funds Which are herein, or may hereafter be, appropriated by Congress for improving the Mississippi River be- tWeen Head Of Passes and the mouth of the Ohio River, and which may be allotted to levees, may be expended, under the direction of the Secretary of War, in accordance with the plans, specifications, and recommendations Of the Mississippi River Commis- Sion, as approved by the Chief of Engineers, for levees Upon any part of said river between Head of Passes and Rock Island, Illinois, in such manner as, in their Opinion, Shall best improve navigation and promote the interest of commerce at all stages of the river. (July 27, 1916, c. 260, § 1, 39 Stat. 402.) § 10002a. Allotments for improvements on Mississippi River and Ohio River—Mississippi River from Head of Passes to the mouth of the Ohio The watercourses connected with said river and the harbors upon it, now under the control Ch. GG) 3 10003%a RIVERS, HARBORS, AND CANALS of the Mississippi River Commission and under im- provement, together with the harbor at Vicksburg, Mississippi, and the Ohio River from its mouth to the mouth of the Cache River, which are hereby trans- ferred to and placed under the control and jurisdic- tion of such commission, may, in the discretion of said commission, upon approval by the Chief Of En- gineers, receive allotments for improvements now un- der way or hereafter to be undertaken, to be paid for from the amount herein appropriated. (July 27, 1916, c. 260, § 1, 39 Stat. 402.) • § 10002aa. Modification of project for im- provement of Ohio River—Upon the recommenda- tion of the Chief of Engineers and the approval of the Secretary of War the project for the improvement of the Ohio River may be so modified as to permit the construction of one lock and fixed dam to replace Locks and Damas Numbered One and Two, should such modification be deemed desirable and advantageous. (Aug. 8, 1917, c. 49, § 1, 40 Stat. 257.) - § 10002%. Improvement of Ohio River not un- der jurisdiction of commission—Mississippi River from Head of Passes to the mouth of the Ohio River: * * That no part of the improvement of the Ohio River, with a view to the construction of locks and dams, shall be considered as transferred to or placed under the control and jurisdiction of the Mississippi River Commission. 402.) § 10002e. Jurisdiction of commission extend- ed—The jurisdiction of the Mississippi River Commis- sion is hereby extended so as to include that part of the Arkansas River between its mouth and the inter- Section thereof with the division line between Lincoln and Jefferson Counties, and any funds which are herein or may be hereafter appropriated by Congress for improving the Mississippi River between Head of Passes and the mouth of the Ohio River, and which may be allotted to levees and bank revetment, may be expended within the limits of said extended jurisdic- tion under the direction of the Secretary of War, in accordance with the plans, specifications, and recom- mendations of the Mississippi River Commission, as approved by the Chief of Engineers, and upon like terms and conditions for levees and bank revetment upon any part of the Mississippi River now under the jurisdiction of said commission, and in such manner as will best promote and accomplish the purposes for which commission was created, in so far as the terri- tory hereby added to its said jurisdiction may be in- volved. (July 27, 1916, c. 260, § 1, 39 Stat. 402.) § 10003. Offices and meetings of commission— The headquarters and general offices of said Commis- Sion shall be located at some city or town on the Mis- sissippi River, to be designated by the Secretary of War, and the meetings of the commission except such as are held on Government boats during the time Of the semiannual inspection trips of the commission shall be held at said headquarters and general Offices, the times of said meetings to be fixed by the president of the commission, who shall Cause due notice of Such meetings to be given members of the Commission and the public. (June 28, 1879, c. 43, § 8, added, Feb. 18, 1901, c. 377, 31 Stat. 793.) - * Chapter GG-Waterways Commission § 10003%a. Waterways Commission created; members; appointment; qualifications; powers and duties; pay; engineers—A commission, to be known as the Waterways Commission, consisting of Seven members to be appointed by the President Of the United States, at least One Of Whom shall be cho- Sen from the active or retired list of the Engineers Corps Of the Army, at least One of whom shall be an expert hydraulic engineer from civil life, and the remaining five of whom may each be selected either from Civil life or the public Service, is hereby created and all thorized, under such rules and regulations as [Page 1645} (July 27, 1916, c. 260, § 1, 39 Stat. [. the President may prescribe, and Subject to the ap- proVal Of the heads of the several executive depart- ments concerned, to bring into coordination and co- Operation the engineering, scientific, and constructive Services, bureaus, boards, and commissions of the sev- eral governmental departments of the United States and commissions created by Congress that relate to Study, development, or control of waterways and wa- ter resources and subjects related thereto, or to the development and regulation of interstate and foreign Commerce, with a view to uniting such services in in- Vestigating, with respect to all watersheds in the United States, questions relating to the development, improvement, regulation, and control of navigation as a part of interstate and foreign commerce, including therein the related questions of irrigation, drainage, forestry, arid and swamp land reclamation, clarifica- tion of streams, regulation of flow, control of floods, utilization of water power, prevention of soil erosion and Waste, storage, and conservation of water for agricultural, industrial, municipal, and domestic uses, cooperation of railways and waterways, and promo- tion of terminal and transfer facilities, to secure the necessary data, and to formulate and report to Con- greSS, as early as practicable, a comprehensive plan or plans for the development of waterways and the water resources of the United States for the purposes ommendations for the modification or discontinuance of any project herein or heretofore adopted. Any member appointed from the retired list shall receive the Same pay and allowances as he would if on the ac- tive list, and no member selected from the public service shall receive additional compensation for serv- ices On Said commission, and members selected from civil life shall receive compensation of $7,500 per an- Ill III]. . - In all matters done, or to be done under this section. relating to any of the subjects, investigations, or ques- tions to be considered hereunder, and in formulating plans, and in the preparation of a report or reports, as herein provided, consideration shall be given to all Imatters which are to be undertaken, either independ- ently by the United States or by cooperation between the United States and the several States, political sub- divisions thereof, municipalities, communities, cor- porations, and individuals within the jurisdiction, pow- ers, and rights of each, respectively, and with a view to assigning to the United States such portion of Such development, promotion, regulation, and control as may be undertaken by the United States, and to the States, political subdivisions thereof, municipalities, Communities, Corporations, and individuals such por- tions as belong to their respective jurisdictions, rights, and interests. - . The commission is authorized to employ, or retain, and fix the compensation for the services of such en- gineers, transportation experts, experts in water de- velopment and utilization, and constructors of emi- nence as it may deem necessary to make such investi- gations and to carry Out the purposes Of this section. And in order to defray the expenses made necessary by the provisions of this section there is hereby au- thorized to be appropriated Such sums as Congress may hereafter determine, and the sum of $100,000 is hereby appropriated, available until expended, to be paid out upon warrants drawn on the Secretary of the Treasury by the chairman of said Commission. The commission shall have power to make every ex- penditure requisite for and incident to its authorized work, and to employ in the District of Columbia and in the field such clerical, legal, engineering, artistic, and expert services as it may deem advisable, includ- ing the payment of per diem in lieu of subsistence for employees engaged in field work or traveling on Official business, rent of offices in the District of Columbia and in the field, and the purchase of books, maps, and Office equipment. Nothing herein contained shall be construed to of navigation and for every useful purpose, and rec- 2 10004 (Tit. 63 RIVERS, HARBORS, AND CANALS [Page 1646] delay, prevent, or interfere with the completion of any survey, investigation, project, or work herein or heretofore or hereafter adopted or authoriz- ed upon or for the improvement of any of the rivers Or harbors Of the United States Or with legislative a C- tion upon reports heretofore or hereafter presented. (Aug. 8, 1917, c. 49, § 18, 40 Stat. 269.) H–The California Débris Commission Commission created; appointment; powers. Organization; compensation; rules of procedure. Mileage to officers of Commission. Jurisdiction; injurious hydraulic mining prohibited. Duty of commission; plans. Surveys of sites for débris; mines. Observations of conditions of navigable channels. Annual report; contents. “Hydraulic mining” and “mining by hydraulic pro- cess” defined. Petitions by hydraulic miners. Surrender to United States of right to regulate débris. Petitions for common dumping grounds. Publication of notice of petition; examination pending publication; hearing. Order by commission directing methods of mining; taxes. Chapter Sec. 10004. 10005. 10006. 10007. 10008. 10009. 10010. 10011. 10012. 10013. 10014. 10015. 10016. 10017. 10018. 10019. 10020. examination of hydraulic Supervision of work by commission. Conditions precedent for commencing mining opera- tions. ing grounds. Limitation of quantity of débris washed away. Modification and revocation of orders. . Violation of conditions; penalty. . Examinations of mines; reports. . Use of public lands and materials. . Malicious injury to works and navigation; . Tax on gross proceeds of hydraulic mines; Fund.” . Co-operation by commission with State authorities. . Appropriations from “Débris Fund,” for construction of dams. . Acceptance from California. of dredger; liability of California for part payment for construction of re- straining works; contracts for labor. § 10004. CoEmmission created; appointment; powers—A Commission is hereby created, to be known as the California Debris Commission, consisting of three members. The President of the United States shall, by and With the advice and Consent Of the Senate, appoint the commission from officers of the Corps of Engineers, United States Army. Vacancies OCCurring therein shall be filled in like manner. It shall have the authority, and exercise the powers hereinafter Set forth, under the Supervision of the Chief of Engineers and direction of the Secretary of War. (March 1, 1893, c. 183, § 1, 27 Stat. 507.) § 10005. Organization; compensation; rules of procedure—Said Commission shall Organize with- in thirty days after its appointment by the selection Of Such Officers as may be required in the performance Of its duties, the same to be selected from the mem- bers thereof. The members of said Commission shall receive no greater COmpensation than is now allowed by law to each, respectively, as an officer of said Corps of Engineers. It shall also adopt rules and regulations, not inconsistent with law, to govern its deliberations and prescribe the method of procedure under the provisions Of this act. (March 1, 1893, C. 183, § 2, 27 Stat. 507.) . § 10006. Mileage to officers of Commission— So much Of the Act of March third, eighteen hundred and ninety-nine, as provides that the members of the California Débris Commission shall receive only actual expenses in lieu of mileage while traveling on duty is hereby repealed, and hereafter the officers of the commission shall receive the mileage allowed by law. (June 6, 1900, c. 791, § 1, 31. Stat. 631.) § 10007. Jurisdiction; injurious hydraulie mining prohibited—The jurisdiction of said commis- sion, in SO far as the same affects mining carried on by the hydraulic process, shall extend to all such mining in the territory drained by the Sacramento T0021. 10022. penalty. ‘‘Débris Allotment of expenses for constructing common dump- and San Joaquin river systems in the State of Cali- fornia. Hydraulic mining, as defined in section eight hereof, directly or indirectly injuring the navigability of said river systems, carried on in said territory other than as permitted under the provisions of this act is hereby prohibited and declared unlawful. (March 1, 1893, c. 183, § 3, 27 Stat. 507.) § 10008. Duty of commission; plans—It shall be the duty of said commission to mature and adopt such plan or plans, from examinations and Surveys already made and from such additional examinations and surveys as it may deem necessary, as will improve the navigability of all the rivers comprising said SyS- tems, deepen their channels, and protect their banks. Such plan or plans shall be matured with a view Of making the same effective as against the encroach- ment of and damage from debris resulting from min- ing Operations, natural erosion, or other Causes, With a view of restoring, as near as practicable and the necessities of commerce and navigation demand, the navigability of said rivers to the condition existing in eighteen hundred and sixty, and permitting min- ing by the hydraulic process, as the term is under- stood in said State, to be carried On, provided the same can be accomplished, Without injury to the navigability of said rivers or the lands adjacent there- to. (March 1, 1893, c. 183, § 4, 27 Stat. 507.) § 10009. Surveys of sites for débris; exami- nation of hydraulic mines—That it shall further ex- amine, survey, and determine the utility and prac- ticability, for the purposes hereinafter indicated, of storage sites in the tributaries of said rivers and in the respective branches of said tributaries, or in the plains, basins, sloughs, and tule and Swamp lands ad- jacent to or along the course of said rivers, for the storage of debris or water or as settling reservoirs, with the object of using the same by either or all of these methods to aid in the improvement and protec- tion of said navigable rivers by preventing deposits therein of debris resulting from mining operations, natural erosion, or other causes, or for affording re- lief thereto in flood time and providing Sufficient Wa- ter to maintain scouring force therein in the Summer season; and in connection therewith to investigate such hydraulic and other mines as are now Or may have been worked by methods intended to restrain the debris and material moved in Operating Such mines by impounding dams, settling reservoirs, or other- wise, and in general to make such study of and re- Searches in the hydraulic mining industry as Science, experience, and engineering skill may Suggest as practicable and useful in devising a method or meth- ods whereby such mining may be carried on as afore- said. (March 1, 1893, c. 183, § 5, 27 Stat. 508.) § 10010. Observations of conditions of navi- gable channels—The said Commission Shall from time to time note the conditions of the navigable channels of Said river systems, by CrOSS-Section Sur- veys or otherwise, in order to ascertain the effect therein of such hydraulic mining Operations as may be permitted by its orders and such as is caused by erosion, natural or otherwise. (March 1, 1893, C. 183, § 6, 27 Stat. 508.) § 10011. Annual report; contents—Said Com- mission shall submit to the Chief of Engineers, for the information of the Secretary of War, On or before the fifteenth day of November of each year, a report of its labors and transactions, With plans for the COn- struction, completion, and preservation of the pub- lic works outlined in this act, together with estimates of the cost thereof, stating what amounts can be profitably expended thereon each year. The Secre- tary of War shall thereupon submit same to Congress on or before the meeting thereof. (March 1, 1893, C. 183, § 7, 27 Stat. 508.) § 10012. “Hydraulic mining” and “mining by hydraulic process” defined—For the purposes of this act “hydraulic mining” and “mining by the hy. Ch. H) 3 10020 RIVERS, HARBORS, AND CANALS IPage 1647 I draulic process,” are hereby declared to have the meaning and application given to Said terms in Said State. (March 1, 1893, c. 183, § 8, 27 Stat. 508.) § 10013. Petitions by hydraulic miners—The individual proprietor or proprietors, Or in Case of a corporation its manager or agent appointed for that purpose, owning mining ground in the territory in the State of California mentioned in Section three hereof, which it is desired to work by the hydraulic process, must ſile with said commission a verified pe-. tition, setting forth such facts as will comply With law and the rules prescribed by said commission. (March 1, 1893, c. 183, § 9, 27 Stat. 508.) § 10014. Surrender to United States of right to regulate débris–Said petition shall be a CCOm- panied by an instrument duly executed and acknowl- edged, as required by the law of the said State, whereby the owner or owners of such mine or mines Surrender to the United States the right and privi- lege to regulate by law, as provided in this act, or any law that may hereafter be enacted, Or by Such rules and regulations as may be prescribed by Vir- tue thereof, the manner and method in Which the debris resulting from the working of said mine Or mines shall be restrained, and What amount Shall be produced therefrom ; it being understood that the surrender aforesaid shall not be construed as in any way affecting the right of such owner or owners to operate said mine or mines by any other process or method now in use in said State: Provided, That they shall not interfere with the navigability of the aforesaid rivers. (March 1, 1893, c. 183, § 10, 27 Stat. 509.) § it?015. Petitions for common dumping grounds—The owners of several mining claims sit- uated so as to require a common dumping ground or dam or other restraining works for the débris issuing therefrom in One or more sites may file a joint peti- tion setting forth such facts in addition to the re- quirements Of Section nine hereof; and where the Owner of a hydraulic mine Or Owners Of Several Such mines have and use common dumping sites for im- pounding débris or as settling reservoirs, which sites are located below the mine of an applicant not en- titled to use same, such fact shall also be stated in said petition. Thereupon the same proceedings shall be had as provided for herein. (March 1, 1893, c. 183, § 11, 27 Stat. 509.) § 10016. Publication of notice of petition; examination pending publication; hearing—A no- tice specifying briefly the Contents of said petition and fixing a time previous to which all proofs are to be submitted shall be published by said commission in Some newspaper Or newspapers of general Circula- tion in the Communities interested in the matter set forth therein. If published in a daily paper such publication shall Continue for at least ten days; if in a Weekly paper in at least three issues of the same. Pending publication thereof said Commission, or a Committee thereof, shall examine the mine and prem- ises described in such petition. On or before the time so fixed all parties interested, either as peti- tioners or contestants, whether miners or agricultur- ists, may file affidavits, plans, and maps in support Of their respective claims. Further hearings, upon no- tice to all parties of record, may be granted by the Commission when necessary. (March 1, 1893, c. 183, § 12, 27 Stat. 509.) § 10017. Order by commission directing meth- 'ods of mining; taxes—In case a majority of the members of Said Commission, within thirty days aft- er the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said Commission Shall thereupon make an order directing the methods and Specifying in detail the manner in which opera- tions shall proceed in such mine or mines; what re- :Straining or impounding Works, if any, if facilities therefor can be found, shall be built and maintain- ed; how and Of What material; where to be locat- . ed; and in general set forth such further requirements and Safeguards as will protect the public interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further condi- tions and limitations as will observe all the provi- Sions of this Act in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That all expense incurred in COmplying With said Order shall be borne by the Own- er Or Owners Of Such mine or mines: And provided further, That where it shall appear to said Commis- Sion that hydraulic mining may be carried on with- Out injury to the navigation of said navigable rivers and the lands adjacent thereto, an Order may be made authorizing Such mining to be Carried. On without re- Quiring the COnstruction of any restraining Or im- pounding Works Or any settling reservoirs: And pro- vided also, That where such an Order is made a li- cense to mine, no taxes provided for herein on the gross proceeds of such mining Operations shall be collected. (March 1, 1893, c. 183, § 13, 27 Stat. 509, amended, Feb. 27, 1907, c. 2077, 34 Stat. 1001.) § 10018. Supervision of work by commission —Such petitioner or petitioners must within a reason- able time present plans and specifications of all works required to be built in pursuance of said order for examination, correction, and approval by said Commis- sion; and thereupon work may immediately com- mence thereon under the Supervision of Said Commis- Sion or representative thereof attached thereto from said Corps of Engineers, who shall inspect same from time to time. Upon completion thereof, if found in every respect to meet the requirements of the said Order and said approved plans and Specifications, per- mission shall thereupon be granted to the OWner Or Owners of such mine or mines to Commence mining Operations, subject to the conditions of said order and the provisions of this act. (March 1, 1893, c. 183, § 14, 27 Stat. 509.) § 10019. Conditions precedent for commene- ing mining operations—No permission granted to a mine owner or Owners under this act shall take effect, So far as regards the WOrking of a mine, until all im- pounding dams or other restraining Works, if any are prescribed by the Order granting Such permission, have been Completed and until the impounding dams or other restraining works Or settling reservoirs pro- vided by said commission have reached such a stage as, in the Opinion of Said Commission, it is safe to use the same: Provided, however, That if said com- mission shall be Of the Opinion that the restraining and other works already constructed at the mine or mines shall be sufficient to protect the navigable rivers of said systems and the work of said commission, then the owner or owners of such mine or mines may be permitted to commence Operations. (March 1, 1893, c. 183, § 15, 27 Stat. 509.) § 10020. Allotment of expenses for construct- ing common dumping grounds–In Case the joint pe- tition referred to in section eleven hereof is granted, the commission shall fix the respective amounts to be paid by each owner of Such mines toward providing and building necessary impounding dams or other re- straining works. In the event of a petition being filed after the entry of Such Order, or in case the impound- ing dam or dams or other restraining works have al- ready been constructed and accepted by said commis- Sion, the commission shall fix such amount as may be reasonable for the privilege of dumping therein, which amount shall be divided between the original owners of such impounding, dams or other restraining works in proportion to the amount respectively paid by each party owning same. The expense of maintaining and protecting such joint dam or works shall be divided among mine-OWners using the same in such proportion as the commission shall determine. In all cases Where 3 10021 (Tit. 63 RIVERs, HARBORs, AND CANALs [Page 1648] it is practicable, restraining and impounding Works are to be provided, constructed, and maintained by mine-owners near or below the mine or mines before reaching the main tributaries of said navigable Wa- ters. (March 1, 1893, c. 183, § 16, 27 Stat. 509.) - § 10021. Limitation of quantity of débris washed away—At no time shall any more débris be permitted to be washed away from any hydraulic mine or mines situated on the tributaries of said rivers and the respective branches of each, worked under the pro- visions of this act, than can be impounded Within the restraining works erected. (March 1, 1893, c. 183, § 17, 27 Stat. 509.) § 10022. Modification and revocation of or- ders—The said commission may at any time, When the condition of the navigable rivers or when the ca- pacities of all impounding and settling facilities erect- ed by mine-owners or such as may be provided by GOV- ernment authority require same, modify the Order granting the privilege to mine by the hydraulic min- ing process so as to reduce amount thereof to meet the capacities of the facilities then in use, or if actually required in order to protect the navigable rivers from damage, may revoke same until the further notice Of the commission. (March 1, 1893, c. 183, § 18, 27 Stat. 509.) § 10023. Violation of conditions; penalty-An intentional violation on the part of a mine OWner Or owners, company, or corporation, or the agents or employees of either, of the conditions of the Order granted pursuant to section thirteen, or such modifica- tions thereof as may have been made by Said Com- mission, shall work a forfeiture of the privileges there- by conferred, and upon notice being served by the Or- der of Said commission upon Such OWner Or OWIlerS, company, or corporation, or agent in Charge, WOrk shafi immediately cease. Said commission shall take necessary steps to enforce its orders in case of the failure, neglect, or refusal of such owner or owners, company, or corporation, or agents thereof, to comply there with, or in the event of any person Or persons, company, or corporation working by said process in said territory contrary to law. (March 1, 1893, C. 183, § 19, 27 Stat. 510.) § 10024. Examinations of mines; reports- Said commission, or a committee therefrom, Or Officer of said corps assigned to duty under its orders, Shall, whenever deemed necessary, visit Said territory and all mines operating under the provisions of this act. A report of such examination shall be placed on file. (March 1, 1893, c. 183, § 20, 27 Stat. 510.) § 10025. Use of public lands and materials- The said commission is hereby granted the right to use any of the public lands of the United States, or any rock, stone, timber, trees, brush, or material there- on or therein, for any of the purposes of this act; and the Secretary of the Interior is hereby authorized and requested, after notice has been filed With the Commissioner of the General Land Office by Said Com- mission, setting forth what public lands are required by it under the authority of this section, that Such land or lands shall be withdrawn from Sale and entry under the laws of the United States. (March 1, 1893, c. 183, § 21, 27 Stat. 511.) § 10026. Malicious injury to works and navi- gation; penalty—Any person Or persons Who Willful- ly or maliciously injure, damage, or destroy, or at- tempt to injure, damage, or destroy, any dam or other work erected under the provisions Of this act for re- straining, impounding, or settling purposes, or for use in connection there with, shall be guilty of a misde- meanor, and upon conviction thereof shall be fined not to exceed the sum of five thousand dollars or be im- prisoned not to exceed five years, or by both such fine and imprisonment, in the discretion of the court. And any person or persons, company or corporation, their agents or employees, who shall mine by the hydraulic process directly or indirectly injuring the navigable waters of the United States, in violation of the pro- visions of this act shall be guilty of a misdemean- or, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this section shall take effect on the first day of May, eighteen hundred and ninety-three. (March 1, 1893, c. 183, § 22, 27 Stat. 511.) § 10027. Tax on gross proceeds of hydraulic mines; “Débris Fund”—Upon the Construction by the said commission of dams or other Works for the detention of débris from hydraulic mines and the issuing of the Order provided for by this act to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, Com- pany or Corporation operating thereunder Working any mine or mines by hydraulic process, the debris from which flows into Or is in whole Or in part re- strained by Such dams or other Works erected by said Commission, shall pay a tax. Of three per Centum On the gross proceeds of his, their, or its mine SO WOrk- ed; which tax of three per centum shall be ascer- tained and paid in accordance with regulations to be adopted by the Secretary of the Treasury, and the Treasurer Of the United States is hereby authorized to receive the same. All sums Of money paid into the Treasury under this section shall be set apart and Credited to a fund to be known as the “Debris Fund,” and shall be expended by said Commission under the Supervision of the Chief of Engineers and direction of the Secretary Of War, in addition to the appropriations made by law in the COnstruction and maintenance of such restraining Works and Settling reservoirs as may be proper and necessary: Provided, That Said COmmission is hereby authorized to receive and pay into the Treasury from the Owner Or Owners of mines Worked by the hydraulic process, to whom permission may have been granted SO to work under the provisions hereof, such money advances as may be offered to aid in the construction of such impound- ing dams or other restraining works, or settling reser- voirs, or sites therefor, as may be deemed necessary by said commission to protect the navigable channels of Said river systems, on condition that all moneys SO advanced shall be refunded as the said tax is paid into the said débris fund: And provided further, That in no event shall the Government Of the United States be held liable to refund same except as directed by º section. (March 1, 1893, c. 183, § 23, 27 Stat. 511.) § 10028. Co-operation by commission with State authorities—That for the purpose Of Securing harmony of action and eCOnomy in expenditures in the work to be done by the United States and the State of California, respectively, the former in its plans for the improvement and protection of the navi- gable streams and to prevent the depositing of mining débris Or Other materials within the same, and the latter in its plans authorized by law for the reclama- tion, drainage, and protection of its lands, or relating to the working Of hydraulic mines, the said Commis- Sion is empowered to consult thereon with a Commis- Sion of engineers of Said State, if authorized by Said State for Said purpose, the result Of Such Conference to be reported to the Chief of Engineers of the United States Army, and if by him approved shall be follow- ed by said commission. (March 1, 1893, c. 183, § 24, 27 Stat. 511.) § 10029. Appropriations from “Débris Fund.” for construction of dams–Said Commission, in or der that such material as is now Or may hereafter be lodged in the tributaries of the Sacramento and San Joaquin River Systems resulting from mining opera- tions, natural erosion, or Other Causes, shall be pre- vented from injuring the said navigable rivers or such of the tributaries of either as may be navigable and the land adjacent thereto, is hereby directed and Ch. HH) 3 10030%a [c] RIVERS, HARBORS, AND CANALS empowered, when appropriations are made therefor by law, or sufficient money is deposited for that pur- posſe in said débris fund, to build at such points above the head of navigation in said rivers and on the main tributäries thereof, or branches of such tributaries, or any place adjacent to the same, which in the judg- ment of said commission, will effect said object (the same to be of such material as will insure safety and permanency), such restraining or impounding dams and settling reservoirs, with such canals, locks, Or Other Works adapted and required to Complete Same. The recommendations contained in Executive DOCu- ment Numbered Two hundred and Sixty-seven, Fifty- first Congress, second session, and Executive DOCu- ment Numbered Ninety-eight, Forty-seventh Congress, First session, as far as they refer to impounding dams, or other restraining works, are hereby adopted, and the same are directed to be made the basis of Operations. The sum of fifteen thousand dollars is hereby appropriated, from moneys in the Treasury not otherwise appropriated, to be immediately avail. able to defray the expenses of said commission. (March 1, 1893, c. 183, § 25, 27 Stat. 511.) $ 10030. Acceptance from California of dredger; liability of California for part pay- ment for eonstruction of restraining works; contraets for labor—The Secretary of War is here- by authorized to accept from the State of California the use of any dredger, or appliances owned or con- trolled by said State, conformably to any offer there- of by the said State; hereby authorized to use any such dredger or appli- ances in any river or harbor improvement that may be prosecuted therein by the United States, either on the part of the United States alone or conjointly with said State; Provided, That nothing shall be paid to the State of California for the use Of Said dredger, and that nothing herein COntained shall Create any liability against the United States. - The provisions of an Act of Congress, entitled “An Act making appropriations for Sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes,” approved July first, eighteen hundred and ninety-eight, authorizing the Secretary of War, in expending certain specified appropriations in the prep- aration for and construction of certain works for the restraining or impounding of mining débris in the State of California, to enter into a contract or con- tracts wherein the COntractor Or Contractors shall look solely to that State for one-half of such expense, and that the United States shall in no wise be liable for said one-half, are hereby extended to any appro- priations, when made, that may hereafter be made for said purposes. ... " - The Secretary of War, in carrying out the provi- Sions of any Act of Congress providing for the re- Straining or impounding of mining débris in Califor- nia, may, in his discretion, when in his judgment the aggregate of appropriations already made by said State and Congress and available therefor are suffi- Cient to COImplete the same, undertake the works nec- essary thereto by hired labor and by purchase of Sup- plies and materials therefor, and may accept pay- ments on account thereof as the work progresses un- der and according to the provisions of the acts of theº. legislature of Said State for such purposes. (March 3, 1899, c. 425, § 1, 30 Stat. 1148.) - - Chapter HH-Control of Floods of Mississippi and Sacramento Rivers Sec. - 10030%a. (1) Control of floods of Mississippi River and con- tinuing improvement from Head of the Passes to mouth of Ohio River. (a) Appropriations expended under direction of Secretary of War. CoMP.S.T.’18–104 IPage iG49] and the Secretary of War is Sec. - (b) Construction or repair of levees. - (c) Improvements between Head of Passes and Rock Island. (d) Expenditure of appropriations for rights of - Way. - (2) Allotments for improvement of water courses connected with Mississippi River. (3) Maintenance of levees constructed for flood Con- - trol. - SACRAMENTO RIVER, CALIFORNIA . 10030%b. Control of floods of Sacramento River and continu- - ing improvements thereof. º (a) Appropriations expended under direction of Secretary of War. (b) Contributions by State of California. . . (c) Maintenance of works for flood control by State of California. GENERAL PROVISIONS - 1003044c. (1) Existing laws applicable to works of improve- ment relating to flood control. (2) Examinations and Surveys; Government departments; reports. (3) Reports by Board of Engineers for Rivers and Harbors. - (4) Same; to committee of Flood Control. § 1003034a. (1) Control of floods of Missis- sippi River and continuing improvement from Head of the Passes to mouth of Ohio River-For controlling the floods of the Mississippi River and continuing-its-improvement from the Head of the Passes to the mouth of the Ohio River the Secretary of War is hereby empowered, authorized, and di- rected to carry on continuously, by hired labor or Oth- erwise, the plans of the Mississippi River Commission heretofore or hereafter adopted, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate $45,000,000: Pro- vided, That not more than $10,000,000 shall be ex- pended therefor during any one fiscal year. [a] Appropriatioxas expended under direction of Secretary of War—All money appropriated un- der authority of this section shall be expended under the direction of the Secretary of War in accordance with the plans, specifications, and recommendations of the Mississippi River Commission as approved by the Chief of Engineers, for controlling the floods and for the general improvement of the Mississippi Riv- er, and for surveys, including the Survey from the Head of the Passes to the headwaters of the river, and a survey of the Atchafalaya Outlet So far as may be necessary to determine the cost of protecting its basin from the flood waters of the Mississippi River either by its divorcement from the Mississippi River or by other means, and for Salaries, clerical, office, traveling, and miscellaneous expenses Of the Mississippi River Commission. [b] Construction or repair of levees—No money appropriated under authority of this section Shall be expended in the construction or repair of any levee uniess and until assurances have been given Satis- factory to the commission that local interests pro- tected thereby will contribute for such construction and repair a sum which the commission shall deter- mine to be just and equitable but which shall not be less than one-half of such sum as may have been allotted by the commission for such work: Provided, That such contributions shall be expended under the direction of the commission, or in Such manner as it may require or approve, but no contribution made by any State or levee district shall be expended in any other State or levee district except with the approval of the authorities of the State or district so contributing. - [e] Improvements between Head of Passes and Rock Island—Any funds which may hereafter be ap- propriated under authority of this Act for improv- ing the Mississippi River between the Head of the Passes and the mouth of the Ohio River, and Which may be allotted to levees, may be expended upon any part of said river between the Head of the Passes and Rock Island, Illinois. details from 3 10030%aſd] (Tit. 63 RIVERS, HARBORS, AND CANALS [Page 1650] [d] Bxpenditure of appropriations for rights of way—No money appropriated under authority of this Act shall be expended in payment for any right of way for any levee which may be constructed in COOperation. With any State or levee district under authority of this Act, but all such rights of way shall be provided free of cost to the United States: Provided, That no money paid or expense incurred by any State or levee district in securing such rights Of Way, Or in any temporary works of emergency during an impending flood, or for the maintenance of any levee line, shall be computed as a part of the Contribution of such State or levee district toward the construction or repair of any levee within the meaning Of paragraph (b) Of this section. (2) Allotments for improvement of water courses connected with ºffississippi River—The watercourses connected with the Mississippi River to Such extent as may be necessary to exclude the flood Waters from the upper limits of any delta basin, together With the Ohio River from its mouth to the Imouth Of the Cache River, may, in the discretion of said Commission, receive allotments for improvements now under Way Or hereafter to be undertaken. (3) Maintenance of levees constructed for flood control—Upon the completion of any levee construct- ed for flood control under authority of this Act, said levee shall be turned over to the levee district pro- tected thereby for maintenance thereafter; but for all other purposes the United States shall retain such Control Over the same as it may have the right to exercise upon such completion. (March 1, 1917, c. 144, § 1, 39 Stat. 948.) SACRAMENTO RIVER, CALIFORNIA § 10030%b. Control of floods of Sacramento River and continuing improvements thereof—For Controlling the floods, removing the débris, and con- tinuing the improvement of the Sacramento River, California, in accordance with the plans of the Cali- fornia Débris Commission, the Secretary of War is hereby authorized and directed to carry on continu- ously, by hired labor or otherwise, the plan of said Commission contained in its report submitted August tenth, nineteen hundred and ten, and printed in House iDocument Numbered Eighty-One, Sixty-second Con- gress, first Session, as modified by the report of Said Commission submitted February eighth, nineteen hun- dred and thirteen, approved by the Chief of Engineers Of the United States Army and the Board of Engineers for Rivers and Harbors, and printed in Rivers and Barbors Committee Document Numbered Five, Sixty- third Congress, first session, in so far as said plan provides for the rectification and enlargement of river channels and the construction of weirs, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate $5,600,- 000: Provided, That not more than $1,000,000 shall be expended therefor during any one fiscal year. (a) Appropriations expended under direction of Secretary of War—All money appropriated under authority of this section shall be expended under the direction of the Secretary of War, in accordance with the plans, specifications, and recommendations of the California Débris Commission, as approved by the Chief of Engineers, for the control of floods, removal of débris, and the general improvement of the Sacra- mento River: Provided, That no money shall be ex- pended under authority of this section until assuranc- es have been given satisfactory to the Secretary of War (a) that the State of California will Cóntribute annually for Such work a sum equal to such sum as may be expended annually therefor by the United States under authority of this section ; (b) that such equal contributions by the State of California will Continue annually until the full equal share Of the cost of such work shall have been contributed by said State; and (c) that the river levees Contemplated in the report of the California Débris Commission, dated A. August tenth, nineteen hundred and ten, will be con- Structed to Such grade and section and within such time as may be required by said commission: Provid- ed further, That said State shall not be required to expend for such work, for any one year, a sum' larger than that expended thereon by the United States dur- ing the same year: And provided further, That the total Contributions so required of the State of Cali- fornia shall not exceed in the aggregate, $5,600,000. (b) Contributions by State of . California—All money COntributed by the State of California, as here- in provided, shall be expended under the direction of the California Débris Commission and in such manner as it may require or approve, and no money appropri- ated under authority of this section shall be expended in the purchase of or payment for any right of way, easement, Or land acquired for the purposes of this improvement, but all such rights of way, easements, and lands shall be provided free of cost to the United States: Provided, That no money paid or expense in- Curred therefor shall be computed as a part of the COntribution of the State of California toward the WOrk Of improvement herein provided for within the meaning of paragraph (a) of this section. (c) Maintenance of works for flood control by State of California—Upon the completion of all Works for flood control herein authorized the said Works shall be turned over to the State of California for maintenance thereafter; but for all other purposes the United States shall retain such control over the Same as it may have the right to exercise upon such completion. (March 1, 1917, c. 144, § 2, 39 Stat. 949.) GENERAL PROVISIONS § 10030% c. (1) Existing laws applicable to works of improvement relating to flood control— All the provisions of existing law relating to exami- nations and surveys and to works of improvement of rivers and harbors shall apply, so far as applicable, to examinations and surveys and to works of improve- ment relating to flood control. And all expenditures Of funds hereafter appropriated for works and pro- jects relating to flood control shall be made in accord- ance with and subject to the law governing the dis-, bursement and expenditure of funds appropriated for the improvement of rivers and harbors. (2) Examinations and surveys; details from Government departments; reports—All examina- tions and surveys of projects relating to flood con- trol shall include a Comprehensive study of the Water- shed or watersheds, and the report thereon in addi- tion to any other matter upon which a report is re- quired shall give such data as it may be practicable to secure in regard to (a) the extent and character of the area to be affected by the proposed improvement; (b) the probable effect upon any navigable water Or waterway; (c) the possible economical development and utilization of water power ; and (d) Such Other uses as may be properly related to or coordinated with the project. And the heads of the several depart- ments of the Government may, in their discretion, and shall upon the request of the Secretary of War, detail representatives from their respective depart- ments to assist the Engineers Of the Army in the study and examination of such watersheds, to the end that duplication of work may be avoided and the vari- ous services of the Government economically coordi- nated therein: Provided, That all reports on prelimi- nary examinations hereafter authorized, together with the report of the Board of Engineers for Rivers and Harbors thereon and the separate report Of the repre- sentative of any other department, shall be submit- ted to the Secretary of War by the Chief of Engineers, with his recommendations, and shall be transmitted by the Secretary of War to the House of Representatives, and are hereby ordered to be printed when so made. (3) Reports by Board of Engineers for Rivers and Harbors—In the consideration of all Works and projects relating to flood control which may be sub- Ch. I) 3 10030% c (4) RIVERS, HARBORS, AND CANALS \ Sec. 10031. Acquisition of Canal Zone; construction, maintenance f (4) Same; to Committee on Flood Control—All examinations and reports which may now be made by the Board of Engineers for Rivers and Harbors upon request of the Committee on Rivers and Har- bors relating to works or projects of navigation shall in like manner be made upon request of the Com- mittee on Flood Control on all Works and projects relating to flood control. (March 1, 1917, c. 144, § 3, 39 Stat. 950.) Chapter I—The Panama Canal and the Canal Zone and operation of Canal and Panama. Railroad. 10032. Leases of public lands. 10033. Same; lands not to be leased. 10034. Same; reservation of mineral, oil, and gas rights. 10035. Land survey of Zone. ~ 10036. Exercise of powers of President through Canal Com- mission or otherwise. 10037. Canal Zone; territory included; acquisition of addi- tional land. 10038. Former laws and regulations continued. 10039. Acquisition of title to all lands within Zone author- ized. 10040. Discontinuance of Isthmian Canal Commission; com- pletion and operation of canal; compensation . Of army or navy officers; governor and other Officials; opening canal; report of Commission on Fine Arts. 10041. Tolls; change; basis of; maximum and minimum; operating regulations; damages to vessels; injuries to employees. 10041a. Rights of United States under treaties and otherwise not Waiver. 10042. Radio-communication installations; docks and store- houses; use of receipts; reports. 10043. Powers and duties of governor; civil government of Zone; towns and subdivisions of Zone; magistrate’s courts; magistrates and constables; to be citizens; rules of courts; notaries public. 10044. District Court; division; rules of practice; jurisdic- tion; jurors; judge; district attorney, marshal and Clerk. - 10045. Transfer of causes and records from existing courts; temporary continuance of supreme court; duties of existing officers transferred to similar officers of new Courts; practice and procedure continued; appeals and review. - 10046. [Superseded.] 10047. Extradition and rendition of fugitives from justice. 10048. Exclusive control of army during war. 10049. Designation of act; right to amend or repeal. 10050. Payments for Toro Point Light. 10051. Division of records; preservation and destruction of paperS. 10051a. Rules and regulations for sanitation. 10051b. Regulations for assessing and collecting taxes; limi- tation of amount. 10051c. Rules and regulations for use of highways; motor vehicles; reciprocal regulations with respect to Pan- a.Iſla. 100516. Breach of the peace or disorderly conduct. 10051e. Penalty for violation of regulations. 10051f. Interest on deposit money Orders issued in Zone in lieu of postal savings certificates. 100519. Disposition of interest received from money order funds deposited in banks. 10051h. Fees of customs Officer. 10051i. Laws applicable to vessels at Zone. 10051j. Regulations as to passage of persons through Zone; injury to or obstruction of Canal; murder. 10051k. Repeal. 100.52. Panama Railroad Company; payment of annual subsidy. not required. 10053. Same; carrying insurance and paying notes given to |United States. - 10054. Same; contracts. 10054a. Consolidation of functions in regard to funds of Zone government and Panama Railroad operations, to funds appropriated for Canal. 10054b. Accounting by Collecting officers of canal; regula- tions. 10054c. Same; examination of accounts and vouchers. Proclamation by the President, May 23, 1917, as follows: “Whereas the United States exercises sover()ignty in the land and waters of the Canal Zone. and is responsible for * [Page 165 mitted to the Board of Engineers for Rivers and | Harbors for consideration and recommendation, said board shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) what Federal interest, if any, is involved in the proposed improvement; (b) what share of the ex- pense, if any, should be borne by the United States; and (c) the advisability of adopting the project. 1I - the construction, operation, maintenance, and protection Of the Panama Canal : “Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby declare and pro- cłaim the following Rules and Regulations for the reg- ulation, management and protection of the Panama Canal and the Maintenance of its Neutrality which are in ad- dition to the general ‘Rules and Regulations for the Op- eration and Navigation of the Panama Canal and Ap- proaches Thereto, including all Waters under its jurisdic- tion’ put into force by Executive Order of July 9, 1914. . “Rule 1. A vessel of war, for the purposes of these rules, is defined as a public armed vessel, under the command of an officer duly commissioned by the government, whose name appears on the list of officers of the military fleet, and the Crew of which are under regular naval discipline, - Which vessel is qualified by its armament and the char- acter of its personnel to take offensive action against the public or private ships of the enemy.' “Rule 2. An auxiliary vessel, for the purposes of these rules, is defined as any vessel, belligerent or neutral, armed Or unarmed, which does not fall under the defini- tion of Rule 1, which is employed as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or Sea ; but a vessel fitted up and used exclusively as a hospital ship is excepted. - “Rule 3. A vessel of war or an auxiliary vessel of a belligerent, other than the United States, shall only be permitted to pass through the Canal after her command- ing Officer has given written assurance to the Authorities of the Panama Canal that the Rules and Regulations will be faithfully observed. “The authorities of the Panama Canal shall take such -steps as may be requisite to insure the observance of the Rules and Regulations by auxiliary vessels which are not Commanded by an officer of the military fleet. “Rule 4. Vessels of war or auxiliary vessels of a belliger- ent, other than the United States, shall not revictual nor take any stores in the Canal except so far as may be Strictly necessary; and the transit of such vessels through the Canal shall be effected with the least possible delay in accordance with the Canal Regulations in force, and With Only such intermission as may result from the Inecessities Of the service. “Prizes shall be in all respects subject to the same Rules as vessels of war of a belligerent. “Rule 5. No vessel of war or auxiliary vessel of a belligerent, other than the United States, shall receive fuel or lubricants while within the territorial waters ºf the Canal Zone, except on the written authorization of the Canal Authorities, specifying the amount of fuel and lubricants which may be received. “Rule 6. Before issuing any authorization for the re- ceipt of fuel and lubricants by any vessel of war Or auxiliary vessel of a belligerent, other than the United States, the Canal Authorities shall obtain a written dec- laration, duly signed by the officer commanding Such vessel, stating the amount of fuel and lubricants already On board. - - “Rule 7. Fuel and lubricants may be taken on board Vessels of War or auxiliary vessels of a belligerent, other than the United States, only upon permission of the Canal Authorities, and then only in such amounts as will enable them, with the fuel and lubricants already On board, to reach the nearest accessible port, not an enemy port, at which they can obtain supplies necessary for the Continuation of the voyage. Provisions furnished by Con- tractors may be supplied only upon permission of the Canal Authorities, and then only in amount sufficient to bring up their supplies to the peace Standard. “Rule 8. No belligerent, other than the United States, shall embark or disembark troops, munitions of War, Or warlike materials in the Canal, except in case of necessity due to accidental hindrance of the transit. In such cases the Canal Authorities shall be the judge of the necessity, and the transit shall be resumed with all possible dis- patch. “Rule 9. Vessels of war or auxiliary vessels of a bellig- erent, other than the United States, shall not remain in the territorial waters of the Canal Zone under the juris- diction of the United States longer than twenty-four hours at any one time, except in case of distress; and in such case, shall depart as soon as possible. “Rule 10. . In the exercise of the exclusive right of the United States to provide for the regulation and manage— ment of the Canal, and in order to ensure that the Canal shall be kept free and open on terms of entire equality to vessels of commerce and of war, there shall not be, except by special arrangement, at any one time a greater number of vessels . Of War of any one nation, other than the United States, including those of the allies of such nation, than three in either terminal port and its adjacent terminal Waters, Or than three in transit through the Canal; nor shall the total number of such vessels, at any one time, exceed six in all the territorial waters of the Canal Zone under the jurisdiction of the United States. “Rule 11. The repair facilities and docks belonging to the United States and administered by the Canal All- thorities shall not be used by a vessel of war or an auxiliary vessel of a belligerent, other than the United States, except when necessary in case of actual distress, 3 10031 (Tit. 63 IRIVERS, HARBORS, AND CANALS \ IPage 16521 - and then only upon the order of the Canal Authorities, and only to the degree necessary to render the vessel sea- Worthy. Any work authorized shall be done with the least possible delay. - “Rule 12. The radio installation of any public or pri- vate vessel or of any auxiliary vessel of a belligerent, other than the United States, shall be used only in con- nection with Canal business to the exclusion of all other business while within the waters of the Canal Zone, in- cluding the waters of Colon and Panama. Harbors. “Rule 13. Air craft, public or private, of a belligerent, other than the United States, are forbidden to descend or arise within the jurisdiction of the United States at the Canal Zone, or to pass through the air spaces above the lands and waters within said jurisdiction. “Rule 14. For the purpose of these rules the Canal Zone includes the cities of Panama and Colon and the harbors adjacent to the said cities. “Rule 15. while the United States is a belligerent no vessel of War, auxiliary vessel, or private vessel of an enemy of the United States or an ally of such enemy shall be allowed to use the Panama. Canal nor the territorial Waters of the Canal Zone for any purpose, save with the consent of the Canal authorities and subject to such rules and regula- tions as they may prescribe.” § 10031. Acquisition of Canal Zone; con- struction, maintenance and operation of Canal and Panama Railroad—The President is hereby authorized to acquire from the Republic of Colombia, for and on behalf of the United States, upon Such terms as he may deem reasonable, perpetual Control of a strip of land, the territory of the Republic of Colombia, not less than six miles in width, extending from the Caribbean Sea to the Pacific Ocean, and the right to use and dispose of the waters thereon, and to excavate, construct, and to perpetually main- tain, operate, and protect thereon a canal, Of Such depth and capacity as will afford convenient passage of ships of the greatest tonnage and draft now in use, from the Caribbean Sea to the Pacific Ocean, . which control shall include the right to perpetually maintain and Operate the Panama Railroad, if the ownership thereof, or a controlling interest therein, shall have been acquired by the United States, and also jurisdiction over said strip and the ports at the ends thereof to make such police and Sanitary rules and regulations as shall be necessary to pre- serve Order and preserve the public health thereon, and to establish such judicial tribunals as may be agreed upon thereon as may be necessary to enforce such rules and regulations. - The President may acquire such additional territory and rights from Colombia as in his judgment will facilitate the general purpose hereof. (June 28, 1902, c. 1302, § 2, 32 Stat. 481.) Panama, Canal bonds, see §§ 6826–6828a. § 10032. Leases of public lands--The President is hereby authorized to grant leases of the public lands in the Canal Zone, Isthmus of Panama, for such period, not exceeding twenty-five years, and upon such terms and conditions as he may deem ad- visable. NO lease, however, shall be granted for a tract of land in excess Of fifty hectares, nor to any person who shall not have first established, by affi- Clavit and by such other proof as may be required, that Such person is the head of a family Or Over the age Of twenty-One years, and that the application for a lease is made in good faith for the purposes Of actual Settlement and Cultivation, and not for the benefit of any other person whatsoever, and that Such person will faithfully comply with all the require- Iments Of law as to settlement, residence, and Cultiva- tion. In granting Such leases preference shall be accorded to actual Occupants of lands in good faith. (Feb. 27, 1909, c. 224, § 1, 35 Stat. 658.) § 10033. Same; lands not to be leased—No portion of the lands of the United States within the Canal Zone shall be leased hereunder UInless it shall first be made to appear, by a statement or plat filed by the Isthmian Canal Commission with the collector of revenues for the Canal Zone, that it is not con- templated to use Such lands in the work of Canal construction. Or to set the same aside as a town site; In the interest of the protection of the Canal - and all leases shall be made subject to the provision that if at any time it shall become necessary, notwith- Standing, for the United States to occupy or use any portion of the leased lands, it shall have the right to SO do without further compensation to the lessee than for the reasonable value of the necessary im- provements made upon said tracts by the lessee, the Same to be determined by the Courts of the Canal Zone. (Feb. 27, 1909, c. 224, § 2, 35 Stat. 658.) § 10034. Same; reservation of mineral, oil, and gas rights—All leases of lands hereunder shall reserve to the United States all mineral, oil, and gas rights in the lands leased. (Feb. 27, 1909, c. 224, § 3, 35 Stat. 658.) - § 10035. Land survey of Zone—The President may, in his discretion, require a land Survey to be made of the Canal Zone. (Feb. 27, 1909, c. 224, § 4, 35 Stat. 658.) § 10036. Exercise of powers of President through Canal Commission or otherwise—The powers conferred upon the President under this Act may be exercised by him through the Isthmian Canal Commission or in such other manner as he may des- ignate. (Feb. 27, 1909, c. 224, § 5, 35 Stat. 658.) § 10037. Canal Zone; territory included; acquisition of additional land—The zone of land and land under water of the width of ten miles ex- tending to the distance of five miles On each side of the Center line Of the route Of the Canal now being Constructed thereon, which zone begins in the Carib- bean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance Of three marine miles from mean low-water mark, ex- cluding therefrom the cities of Panama and Colon and their adjacent harbors located within said zone, as excepted in the treaty with the Republic of Panama dated NOWember eighteenth, nineteen hundred and three, but including all islands within Said described Zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and any lands and waters outside of said limits above described which are necessary or COnvenient Or from time to time may become necessary Or Convenient for the construction, maintenance, Op- eration, Sanitation, or protection of the said Canal Or of any auxiliary Canals, lakes, or other works neces- sary Or Convenient for the Construction, maintenance, Operation, Sanitation, Or protection. Of said Canal, the use, OCCupancy, or Control whereof were granted to the United States by the treaty between the Unit- ed States and the Republic of Panama, the ratifica- tions of which were exchanged on the twenty-sixth day Of February, nineteen hundred and four, shall be known and designated as the Canal Zone, and the Canal now being Constructed thereon shall hereafter be known and designated as the Panama Canal. The President is authorized, by treaty with the Republic Of Panama, to acquire any additional land Or land under water not already granted, or which was ex- Cepted from the grant, that he may deem necessary for the Operation, maintenance, sanitation, or pro- tection Of the Panama Canal, and to exchange any land Or land under water not deemed necessary for Such purposes for Other land Or land under Water which may be deemed necessary for such purposes, Which additional land Or land under Water SO a C- Quired shall become part of the Canal Zone. (Aug. 24, 1912, c. 390, § 1, 37 Stat. 560.) - § 10038. Former laws and regulations contin- tied—All laws, Orders, regulations, and Ordinances adopted and promulgated in the Canal Zone by Order of the President for the government and sanitation Of the Canal ZOne and the COnStruction. Of the Panama. Canal are hereby ratified and COnfirmed as valid and binding until Congress shall otherwise provide. (Aug. 24, 1912, c. 390, § 2, 37 Stat. 561.) § 10039. Acquisition of title to all lands within Zone authorized—The President is author- Ch. I) & 10041a. RIVERS, HARBORS, AND CANALS [Page 1653] - ized to declare by Executive order that all land and land under water within the limits of the Canal ZOne is necessary for the construction, maintenance, Oper- ation, sanitation, or protection of the Panama Canal, and to extinguish, by agreement When advisable, all claims and titles of adverse claimants and OCCu- pants. Upon failure to secure by agreement title to any such parcel of land or land under Water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and Com- pensation therefor fixed and paid in the manner pro- vided in the aforesaid treaty with the Republic Of Panama, or such modification of Such treaty as may hereafter be made. (Aug. 24, 1912, c. 390, § 3, 37 Stat. 561.) § 10040. Discontinuance of Isthmian Canal Commission; completion and operation of canal; compensation of army or navy officers; governor and other officials; opening canal; report of Commission on Fine Arts—When in the judgment of the President the construction. Of the Panama Canal shall be sufficiently advanced toward Comple- tion to render the further services of the Isthmian Canal Commission unnecessary the President is all- thorized by Executive order to discontinue the Isth- mian Canal Commission, which, together With the present organization, shall then cease to exist; and |º the President is authorized thereafter to Complete, govern, and operate the Panama Canal and govern the Canal Zone, or cause them to be completed, gov- erned, and operated, through a governor Of the Panama Canal and such other persons as he may deem competent to discharge the various duties Con- nected with the completion, care, maintenance, Sani- tation, operation, government, and protection of the Canal and Canal Zone. If any of the persons ap- pointed or employed as aforesaid shall be persons in the military or naval service of the United States, the amount of the official salary paid to any Such person shall be deducted from the amount Of Salary or compensation provided by or which shall be fixed under the terms of this Act. The governor Of the Panama Canal shall be appointed by the President, by and with the advice and consent Of the Senate, commissioned for a term of four years, and until his successor shall be appointed and qualified. He shall receive a salary of ten thousand dollars a year. All other persons necessary for the Comple- tion, care, management, maintenance, Sanitation, government, operation, and protection Of the Panama Canal and Camal Zone shall be appointed by the President, or by his authority, removable at his pleasure, and the compensation of Such persons shall be fixed by the President, or by his authority, until such time as Congress may by law regulate the same, but salaries or compensation fixed hereunder by the President shall in no instance exceed by more than twenty-five per centum the Salary Or Compensation paid for the same or similar services to persons em: ployed by the Government in Continental United States. That upon the completion of the Panama Canal the President shall cause the same to be Of- ficially and formally opened for use and Operation. Before the completion of the Canal, the Commis- sion of Arts may make report to the President of their recommendation regarding the artistic Chara C- ter of the structures of the canal, such report to be transmitted to Congress. (Aug. 24, 1912, c. 390, § 4, 37 Stat. 561.) § 10041. Tolls; change; basis of; maximum and minimum; operating regulations; damages to vessels; injuries to enmployees—The President is hereby authorized to prescribe and from time to time change the tolls that shall be levied by the GOV- ernment of the United States for the use of the Pana- ma Canal: Provided, That no tolls, when prescribed as above, shall be changed, unless Six months' notice tonnage, ing them under Such rules and regulations. thereof shall have been given by the President by proclamation. #: sk :}; ::: :: :#: 3; : sk 2}: 3. Tolls may be based upon gross or net registered displacement tonnage, Or Otherwise, and may be based. On One form of tonnage for WarShips and another for Ships Of commerce. The rate Of tolls may be lower upon vessels in ballast than upon vessels carrying passengers or cargo. When based upon net registered tonnage for ships of commerce the tolls shall not exceed $1.25 per net registered ton, nor be less than 75 cents per net registered ton, subject, however, to the provisions of article nine- teen Of the Convention between the United States and the Republic of Panama, entered into November eighteenth, nineteen hundred and three. If the tolls shall not be based upon net registered tonnage, they shall not exceed the equivalent Of One dollar and twenty-five cents per net registered ton as nearly as the same may be determined, nor be less than the equivalent of seventy-five cents per net registered ton. The toll for each passenger shall not be more than One dollar and fifty cents. The President is authorized to make and from time to time amend regulations governing the operation of the Panama Canal, and the passage and Control of vessels through the same or any part thereof, including the locks and approaches thereto, and all rules and regulations affecting pilots and pilotage in the canal or the ap- proaches theretO through the adjacent WaterS. Such regulations shall provide for prompt adjust- ment by agreement and immediate payment Of Claims for damages which may arise from injury to vessels, Cargo, or passengers from the passing Of vessels through the locks under the control of those Operat- - In Case Of disagreement Suit may be brought in the district Court Of the Canal ZOne against the governor of the Panama Canal. The hearing and disposition of such cases shall be expedited and the judgment shall be immediately paid out of any moneys appropriated Or allotted for Canal Operation. The President shall provide a method for the de- termination and adjustment of all claims arising Out of personal injuries to employees thereafter Oc- curring while directly engaged in actual work in connection with the construction, maintenance, oper- ation, Or sanitation of the Canal Or Of the Panama Railroad, or of any auxiliary canals, locks, or other works necessary and Convenient for the construction, maintenance, Operation, Or sanitation of the Canal, whether such injuries result in death or not, and pre- scribe a schedule of compensation therefor, and may revise and modify such method and Schedule at any time; and such claims, to the extent they shall be allowed. On Such adjustment, if allowed at all, Shall be paid Out Of the moneys hereafter appropriated for that purpose or Out of the funds of the Panama Railroad Company, if said Company was responsible for said injury, as the case may require. And after such method and schedule shall be provided by the President, the provisions Of the Act entitled “An Act granting to certain employees of the United States the right to receive from it compensation for injuries Sustained in the course of their employment,” approv- ed May thirtieth, nineteen hundred and eight, and of the Act entitled “An Act relating to injured em- ployees on the Isthmian Canal,” approved February twenty-fourth, nineteen hundred and nine, shall not apply to personal injuries thereafter received and claims for Which are Subject to determination and adjustment as provided in this section. (Aug. 24, 1912, c. 390, § 5, 37 Stat. 562, amended, June 15, 1914, c. 106, § 1, 38 Stat. 385.) § 10041a. Rights of United States under trea- ties and otherwise not waived—The passage of this Act shall not be Construed or held as a waiver or re- linquishment of any right the United States may have 3 10042 (Tit. 63 RIVERS, HARBORS, AND CANALS [Page 1654I under the treaty with Great Britain, ratified the twenty-first of February, nineteen hundred and two, or the treaty with the Republic of Panama, ratified February twenty-sixth, nineteen hundred and four, or otherwise, to discriminate in favor of its Vessels. by exempting the vessels of the United States or its citizens from the payment of tolls for passage through said canal, or as in any way waiving, impairing, or affecting any right of the United States under Said treaties, or otherwise, with respect to the SOVereignty over or the ownership, control, and management of said canal and the regulation of the Conditions or charges of traffic through the same. (June 15, 1914, C. 106, § 2, 38 Stat. 386.) As § 10042. Radio-communication installations; docks and storehouses; use of receipts; reports —The President is authorized to cause to be erected, maintained, and operated, subject to the Internation- al Convention and the Act of CongreSS to regulate radio-communication, at suitable places along the Pan- ama Canal and the coast adjacent to its two termi- nals, in connection with the operation of Said Canal, such wireless telegraphic installations as he may deem necessary for the operation, maintenance, Sani- tation, and protection of said canal, and for Other purposes. If it is found necessary to locate such in- stallations upon territory of the Republic of Panama, the President is authorized to make Such agreement with said Government as may be necessary, and also to provide for the acceptance and transmission, by said System, of all private and Commercial meSSages, and those of the Government Of Panama, On Such terms and for such tolls as the President may pre- scribe: Provided, That the messages of the Govern- ment of the United States and the departments there- of, and the management of the Panama Canal, shall always be given precedence over all other messages. The President is also authorized, in his discretion, to enter into such Operating agreements or leases With any private wireless company or companies as may best insure freedom from interference with the wire- less telegraphic installations established by the Unit- ed States. The President is also authorized to estab- lish, maintain, and Operate, through the Panama Rail- road Company or otherwise, dry docks, repair shops, yards, docks, wharves, Warehouses, storehouses, and other necessary facilities and appurtenances for the purpose of providing coal and other materials, labor, repairs, and supplies for vessels of the Government of the United States and, incidentally, for supplying such at reasonable prices to passing Vessels, in ac- cordance with appropriations hereby authorized to be made from time to time by Congress as a part of the maintenance and Operation of the said Canal. received from the conduct Of said business may be ex- pended and reinvested for such purposes without be- ing covered into the Treasury of the United States; and Such moneys are hereby appropriated for such purposes, but all deposits of such funds shall be sub- ject to the provisions of existing law relating to the deposit of other public funds of the United States, and any net profits accruing from such business shall annually be covered into the Treasury of the United States. Monthly reports of such receipts and expendi- tures shall be made to the President by the persons in charge, and annual reports shall be made to the Congress. (Aug. 24, 1912, c. 390, § 6, 37 Stat. 563.) § 10043. Powers and duties of governor: civ- il government of zone; towns and subdivisions of zone; magistrate’s courts; magistrates and constables; to be citizens; rules of courts; no- taries public—The governor Of the Panama Canal shall, in connection with the Operation of such canal, have official Control and jurisdiction Over the Canal Zone and shall perform all duties in connection with the civil government Of the Canal Zone, which is to be held, treated, and governed as an adjunct of such Panama Canal. Unless in this Act otherwise pro- Moneys Sà Iſlē. Vided all existing laws of the Canal Zone referring to the Civil governor or the civil administration of the Canal Zone shall be applicable to the governor of the Panama Canal, who shall perform all such executive and administrative duties required by existing law. The President is authorized to determine or cause to be determined what towns shall exist in the Canal ZOne and subdivide and from time to time resubdivide said Canal Zone into subdivisions, to be designated by name or number, so that there shall be situated One town in each subdivision, and the boundaries of each Subdivision shall be clearly defined. In each to Wn there shall be a magistrate’s court with exclu- Sive original jurisdiction coextensive with the subdivi- Sion in Which it is situated of all civil cases in which the principal Sum claimed does not exceed three hun- dred dollars, and all criminal cases wherein the pun- ishment that may be imposed shall not exceed a fine Of One hundred dollars, or imprisonment not exceed- ing thirty days, or both, and all violations of police regulations and ordinances and all actions involving possession or title to personal property or the forcible entry and detainer of real estate. Such magistrates shall also hold preliminary investigations in charges of felony and offenses under section ten of this Act, and COmmit or bail in bailable cases to the district Court. A sufficient number of magistrates and con- stables, who must be Citizens Of the United States, to Conduct the business of such courts, shall be appoint- ed by the governor of the Panama Canal for terms of four years and until their successors are appointed and qualified, and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Congress may by law regulate the The rules governing said Courts and prescrib- ing the duties of said magistrates and constables, oaths and bonds, the times and places of holding such courts, the disposition of fines, costs, forfeitures, en- forcements of judgments, providing for appeals there- from to the district Court, and the disposition, treat- ment, and pardon of convicts shall be established by Order of the President. The governor of the Panama Canal shall appoint all notaries public, prescribe their powers and duties, their official seal, and the fees to be charged and collected by them. (Aug. 24, 1912, c. 390, § 7, 37 Stat. 564.) § 10044. District Court; divisions; rules of practice; jurisdiction; jurors; judge, district attorney, marshal and clerk—There shall be in the Canal Zone one district Court with two divisions, One including Balboa and the other including Cristobal; and one district judge of the said district, who shall hold his court in both divisions at such time as he may designate by Order, at least once a month in each division. The rules of practice in such district Court shall be prescribed or amended by Order of the President. The said district court shall have original jurisdiction of all felony cases, of offenses arising under section ten of this Act, all causes in equity; admiralty and all cases at law involving principal sums exceeding three hundred dollars and all ap- peals from judgments rendered in magistrates’ courts. The jurisdiction in admiralty herein conferred upon the district judge and the district Court shall be the same that is exercised by the United States district judges and the United States district Courts, and the procedure and practice shall also be the same. The district Court Or the judge thereof shall also have jurisdiction of all other matters and proceedings not herein provided for which are now within the juris- diction of the Supreme Court of the Canal Zone, of the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof. Said judge shall provide for the Selection, summoning, serv- ing, and compensation of jurors from among the citi- Zens of the United States, to be subject to jury duty in either division Of Such district, and a jury shall be had in any criminal Case Or Civil case at law originat- Ch. I) 3 10051 RIVERS, HARBORS, AND CANALs [Page 1655] ing in said court on the demand of either party. There shall be a district attorney and a marshal for Said district. It shall be the duty of the district attorney to conduct all business, civil and criminal, for the Government, and to advise the governor of the Pan- ama Canal on all legal questions touching the opera- tion of the Canal and the administration of civil affairs. It shall be the duty of the marshal to execute all process of the court, preserve order therein, and do all things incident to the Office of marshal. The district judge, the district attorney, and the marshal shall be appointed by the President, by and with the advice and Consent of the Senate, for terms of four years each, and until their successors are appointed and qualified, and during their terms of office shall reside within the Canal Zone, and shall hold no other Office nor serve on any official board or commission nor receive any emoluments except their salaries. The district judge shall receive the same salary paid the district judges of the United States, and shall appoint the clerk of said court, and may appoint one assistant when necessary, who shall receive salaries to be fixed by the President. The district judge shall be entitled to six weeks’ leave of absence each year with pay. During his absence or during any period of disability or disqualification from sickness or other- wise to discharge his duties the same shall be tempo- | rarily performed by any circuit or district judge of the United States who may be designated by the President, and who, during such service, shall receive the additional mileage and per diem allowed by law to district judges of the United States when holding Court away from their homes. The district attorney and the marshal shall be paid each a salary of five thousand dollars per annum. 8, 37 Stat. 565.) § 10045. Transfer of causes and records from existing courts; temporary continuance of su- preme court; duties of existing officers transfer- red to similar officers of new courts; praetice and procedure continued; appeals and review— The records of the existing courts and all causes, pro- Ceedings, and criminal prosecutions pending therein aS shown by the dockets thereof, except as herein Otherwise provided, shall immediately upon the Or- ganization Of the Courts Created by this Act be trans- ferred to such new courts having jurisdiction of like Cases, be entered upon the dockets thereof, and pro- Ceed as if they had originally been brought therein, Whereupon all the existing courts, except the Supreme Court of the Canal Zone, shall cease to exist. President may continue the Supreme Court of the Canal Zone and retain the judges thereof in office for Such time as to him may seem necessary to determine finally any causes and proceedings which may be pending therein. All laws of the Canal Zone impos- ing duties upon the clerks or ministerial officers of eXisting Courts shall apply and impose such duties upon the Clerks and ministerial Officers of the new COurts Created by this Act having jurisdiction of iike Cases, matters, and duties. All existing laws in the Canal Zone governing prac- tice and procedure in existing courts shall be applica- ble and adapted to the practice and procedure in the Inew COUIrtS. - - The Circuit Court of Appeals of the Fifth Circuit of the United States shall have jurisdiction to review, revise, modify, reverse, or affirm the final judgments and decrees Of the District Court of the Canal Zone and to render such judgments as in the Opinion of the Said appellate Court should have been rendered by the trial court in all actions and proceedings in which the Constitution, or any statute, treaty, title, right, or privilege of the United States, is involved and a right thereunder denied, and in cases in which the value in Controversy exceeds One thousand dollars, to be ascer- tained by the oath of either party, or by other com- petent evidence, and also in Criminal causes wherein (Aug. 24, 1912, c. 390, § The the Offense charged is punishable as a felony. And Such appellate jurisdiction, subject to the right of review by or appeal to the Supreme Court of the United States as in other cases authorized by law, may be exercised by said circuit Court of appeals in the Same manner, under the same regulations, and by the Same procedure as nearly as practicable as is done in reviewing the final judgments and decrees of the district Courts of the United States. (Aug. 24, 1912, c. 390, § 9, 37 Stat. 565.) § 10046. [Superseded.] This section which was Act Aug. 24, 1912, c. 390, § 10, 37 Stat. 566, read as follows: “After the Panama Canal shall have been completed and opened for operation the governor of the Panama. Canal shall have the right to make such rules and regulations, subject to the approval of the President, touching the right of any person to remain upon or pass over any part of the Canal Zone as may be necessary. Any operson violating any of such rules or regulations shall be guilty of a misdemeanor, and On conviction in the District Court of the Canal Zone shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding a year, or both, in the discretion of the court. It sha II be unlawful for any person, by any means or in any way, to injure or Ob- struct, or attempt to injure or obstruct, any part of the Panama Canal or the locks thereof or the approaches thereto. Any person violating this provision shall be guilty of a felony, and on conviction in the District Court of the Canal Zone shall be punished by a fine not exceeding ten thousand dollars or by imprisonment not exceeding twenty years, or both, in the discretion of the court. If the act shall cause the death of any person within a year and a day thereafter, the person so con: victed shall be guilty of murder and shall be punished accordingly.” It was superseded by Act Aug. 21, 1916, c. 371, § 10 (§ 10051j). tº a tº º § 10047. Extradition and rendition of fugi- tives from justice—All laws and treaties relating to the extradition of persons accused of Crime, in force in the United States, to the extent that they may not be in conflict with or superseded by any Special treaty entered into between the United States and the Re- public of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be Consid- ered in force in the Canal Zone, and for Such pur- poses and such purposes only the Canal Zone shall be considered and treated as an Organized Territory of the United States. (Aug. 24, 1912, c. 390, § 12, 37 Stat. 569.) § 10048. Exclusive control of army during war—In time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the Order Of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama. Canal and all of its adjuncts, appendants, and ap- purtenances, including the entire control and gov- ernment of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the Opera- tion of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. (Aug. 24, 1912, c. 390, § 13, 87 Stat. 569.) § 10049. Designation of act; right to amend or repeal—This Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repeal any or all of its provisions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved. (Aug. 24, 1912, c. 390, § 14, 37 Stat. 569.) - - § 10050. Payments for Toro Point Light- Hereafter no payments shall be made for mainte- nance or other charge in connection with the Toro Point Light, Isthmus of Panama, Out of moneys of the United States or of the Panama Railroad Company. . (Aug. 24, 1912, c. 355, § 4, 37 Stat. 486.) * § 10051. Division of records; preservation and destruction of papers—The chairman of the Isthmian Canal Commission is authorized to estab- lish a division of records and, as the requirements of 3 10051a (Tit. 63 RIVERs, HARRORS, AND CANALs ..º . [Page 1656] the service permit, to consolidate in the custody there- f the files of papers and other records which have accumulated or which may accumulate during the period of the construction of the Isthmian Canal; and he is directed to carefully preserve, properly in- dex, arid arrange for use all papers needed or useful in the transaction of current business Or having a permanent value or historical interest ; and he is authorized to destroy or otherwise dispose of dupli- Cations in the files and other papers which are not needed Or useful in the transaction of Current busi- ness and have no permanent value or historical inter- est and which have been recommended to him for de- struction or other disposition by a committee of three competent persons who have personally examined the papers and in Connection with their recommendation have submitted a COIncise Statement of the Condition and Character thereof. (Aug. 24, 1912, c. 355, § 5, 37 Stat. 486.) § 10051a. Rules , and regulations for sanita- tion—Until otherwise provided by Congress, the President is authorized to make rules and regulations in matters of Sanitation, health, and quarantine for the Canal Zone or to modify or change existing rules and regulations and those hereafter made from time to time. Violations of any quarantine regulations provided for herein shall be punished by fine not to exceed $500 or by imprisonment in jail not to exceed ninety days, Or by both such fine and imprisonment, in the Court’s discretion ; and a violation of any sani- tary regulations hereunder shall be punished by a fine not to exceed $25 or by imprisonment in jail not to exceed thirty days, or by both such fine and im- prisonment, in the court’s discretion. Each day such violation may continue shall constitute a separate Of- fense. (Aug. 21, 1916, c. 371, § 1, 39 Stat. 527.) See §§ 10037–10049. § 3.005 lb. Regulations for assessing and col- lecting taxes; limitation of amount—Until other- Wise provided by Congress, the President is hereby authorized to make and from time to time change rules and regulations for levying, assessing, and Col- 1ecting ad valorem, excise, license, and franchise taxes in the Canal Zone, or to modify or change existing rules Or regulations for that purpose. Ad valorem taxes imposed shall not exceed one per centum of the value of the property, nor shall franchise or excise taxes exceed two per centum of gross earnings. (Aug. 21, 1916, c. 371, § 2, 39 Stat. 528.) § 1905 le. Rules and regulations for use of highways; motor vehicles; reciprocal regula- tions with respect to Panama–Until otherwise pro- :Vided by Congress, it shall be lawful for the Presi- dent to make, publish, and enforce all rules and regu- lations for the use of the public roads and highways in the Canal Zone, and also for regulating, licensing, and taxing the use and operation of all self-propelled Vehicles using the public highways, including speed limit, Signals, tags, license fees, and all detailed reg- ulations which may be from time to time deemed nec- essary ill the exercise of the authority hereby con- ferred. The taxes on automobiles may be graded ac- COrding to the value or the power of the machine, and Such rules and regulations as now exist may be chang- ed by Such Order from time to time, and any that Imay be hereafter made may be changed from time to time. The President may make mutual agreements With the Republic of Panama touching the reciprocal UlSe Of the highways of the Canal Zone and the Re- public of Panama by self-propelled vehicles touching taxes and license fees, and any other matter of regu- lation to establish comity for the convenience of the residents of the two jurisdictions. (Aug. 21, 1916, . c. 371, § 3, 39 Stat. 528.) - § 10051 d. Breach of the peace or disorderly conduct-It Shall be unlawful to commit any breach of the peace or engage in or permit any disorderly, indecent, Or immoral conduct in the Canal Zone. The President is authorized to enforce this provision by making rules and regulations to assert and exercise the police power in the Canal Zone, or for any por- tion or division thereof, and he may amend or change any such regulation now existing or hereafter made. (Aug. 21, 1916, c. 371, § 4, 39 Stat. 528.) - § iOO51e. Penalty for violation of regula- tions—Any person who commits any act or who car- ries on any business, trade, or occupation in the Ca- nai Zone without Complying With the rules and regula- tions established by the President for the levying, assessing, and Collecting of taxes, or who violates any rules or regulations for the use of the public roads and highways, or who violates any rules and regula- tions touching the licensing, taxes, Operation, and use of Self-propelled vehicles, or who Violates any of the police regulations authorized hereunder, shall be punished by fine not to exceed $25 or by imprison- ment in jail not to exceed thirty days, Or by both Such fine and imprisonment, in the Court’s discretion. (Aug. 21, 1916, c. 371, § 5, 39 Stat. 528.) - § 10051f. Interest on deposit money orders issued in Zone in lieu of postal savings certifi- cates—Deposit money orders issued in the Canal Zone in lieu of postal savings Certificates in accordance with the rules and regulations heretofore established by the President, or that may hereafter be established by him, shall bear interest at a rate not exceeding two per centum per annum. (Aug. 21, 1916, c. 371, § 6, 39 Stat. 528.) . § 1005 ig. Disposition of interest received from money order funds deposited in banks—The interest received from the Canal Zone money-Order funds deposited in banks under Canal Zone regula- tions shall be available to pay the interest on deposit money Orders authorized by the preceding section. Such interest shall also be available to pay any loss- es which are chargeable to the Canal Zone postal service. (Aug. 21, 1916, c. 371, § 7, 39 Stat. 528.) - § i{3051.h. Fees of customs officer—Whenever a Customs Officer of the Canal Zone shall Certify an invoice, landing certificate, or other similar document, or shall register a marine note of protest, or shall per- form any notarial services, he shall be authorized to collect a fee equivalent to the fee prescribed by the United States consular regulations for the same act Or service When performed by COnsular Officials. (Aug. 21, 1916, c. 371, § 8, 39 Stat. 528.) § 10051i. Laws applieable to vessels at Zone —The laws relating to seamen of vessels of the Unit- ed States On foreign Voyages shall apply to seamen Of all vessels Of the United States at the Panama Canal Zone, whether such vessels be registered or enrolled and licensed, and the powers in respect of . Such Seamen Of Such Vessels bestowed by law upon consular officers of the United States in foreign ports and upon shipping commissioners in ports of the United States are hereby bestowed upon the shipping Commissioner and deputy shipping Commissioners on the Panama Canal Zone. (Aug. 21, 1916, c. 371, § 9, 39 Stat. 529.) § 10051j. Regulations as to passage of per- sons through Zone; injury to or obstruction of Canal; Imurder—The President is hereby authoriz- ed to make rules and regulations, and to alter or amend the same from time to time, touching the right of any person to enter or remain upon or pass Over any part Of the Canal Zone; for the detention Of any person entering the Canal Zone in violation Of Such rules and regulations, and return Of Such per- SOn to the Country Whence he Or she Came, On the vessel bringing such person to the Canal Zone, or any other vessel belonging to the Same OWImer Or in- terest, and at the expense of Such owner or interest; and in addition to the punishment prescribed by this Section for violation Of any Such rules and regula- tions, the authorities Of the Canal ZOne may withhold the clearance of such vessel from any port in the Canal Zone until any fine imposed and the cost Of maintenance of such person are paid. Any person Ch. I) 2 10054c RIVERS, HARBORS, AND CANALS [Page 1657] violating any of such rules or regulations shall be guilty of a misdemeanor, and on conviction in the district court of the Canal Zone shall be punished by a fine not exceeding $500 or by imprisonment not exceeding a year, or both in the discretionſ of the Court. It shall be unlawful for any perSOn, by any means or in any way, to injure or obstruct or at- tempt to injure or obstruct, any part of the Panama Canal or the locks thereof or the approaches thereto. Any person violating this provision shall be guilty of a felony, and on conviction in the district court of the Canal Zone shall be punished by a fine not exceeding $10,000 or by imprisonment not exceeding twenty years, or both, in the discretion of the court. If the act shall Cause the death of any perSOn Within a year and a day thereafter, the person so convicted shall be guilty Of murder and Shall be punished a CCOrdingly. (Aug. 21, 1916, c. 371, § 10, 39 Stat. 529.) - § 10051k. Repeal—All laws, Orders, or Ordinanc- es in conflict with this Act are hereby repealed. (Aug. 21, 1916, c. 371, § 11, 39 Stat. 529.) § 19052. Panama Railroad Company; pay- inent of annual subsidy not required—Hereafter payment by the Panama Railroad Company to the United States, in accordance with the treaty with Panama, of the annual subsidy of two hundred and fifty thousand dollars, as provided by the concession granted by the United States of Columbia, shall not be required. (June 25, 1910, c. 384, § 2, 36 Stat. 772.) § 10053. Same; carrying insurance, and pay- ing notes given to United States—Hereafter the Panama Railroad Company shall carry no insurance to COver marine Or fire losses, nor make any further payment on the principal or interest on notes hereto- fore given by it to the United States for moneys ap- propriated for its use. (March 4, 1911, c. 285, § 2, 36 Stat. 1451.) º - § 10054. Same; contracts—Hereafter the Pana- ma Railroad Company shall not be required to give bond, either with or without surety, in contracts which it may make to furnish services, materials, or sup- plies to the Army, Navy, Marine Corps, or other de- partments of the Government, and such contracts may be made for periods less than One year, as Imay be agreed on, and formal contracts in Writing shall not be required unless agreed On. (March 4, 1911, C. 285, § 6, 36 Stat. 1452.) § 10054a. Consolidation of functions in re- gard to funds of Zone govéfºnment and Panama Railroad operations, and to funds appropriated for Canal—The consolidation of the functions of re- ceiving, disbursing, and accounting for the funds of the Canal Zone government and the Panama Railroad Operations On the Isthmus with the functions of re- ceiving, disbursing, and accounting for the funds appropriated for the Panama Canal shall be and is hereby authorized in so far as may be practicable: Provided, That separate accounts shall be kept of the transactions under each fund. (Aug. 1, 1914, c. 223, § 4, 38 Stat. 679.) - - § 10054b. Accounting by coliecting officers of canal; regulations—The Collecting Officers of the Panama Canal shall render their accounts in such detail, and Shall transmit with their accounts to the accounting Officers of the Treasury charged with the settlement thereof...all such papers, records, and Copies relating to their transactions as collectors as shall be prescribed in regulations approved by the President, and, in his judgment, not incompatible With the meth- ods of accounting prescribed in the so-called Dockery Act, approved July thirty-first, eighteen hundred and ninety-four. (Aug. 1, 1914, c. 223, § 5, 38 Stat. 679.) § 10054c. Same; examination of accounts and vouchers—In prescribing regulations under the pro- Visions of section five Of the Sundry civil Act of August first, nineteen hundred and fourteen, the Presi- dent shall provide that in lieu of furnishing to the auditor individual detail Collection vouchers, not pro- Vided for in said regulations, two Competent persons, Oñe from the Office Of the Auditor for the War DeF partment, designated by the auditor, and One from the office of the Comptroller of the Treasury, desig- nated by the Comptroller, shall be sent semiannually, at such time as may be designated by the comptrol- ier, to the Canal Zone to examine the accounts and VOuchers and verify the Submitted schedules of col- lections and report in triplicate to the Auditor for the War Department, the Comptroller of the Treas- ury, and the auditor Of the Panama Canal; and Such persons shall make such other examination into the accounts of the Panama Canal as may be directed by the COImptroller, and for all such purposes they shall have access to all records and papers pertaining there- to. Such examination and inspection shall be made for the period covered by the persons designated as Soon as practicable, and the report of such persons. shall be promptly filed. Such persons shall be fur- nished their transportation going and returning, in- cluding meals, and be paid a per diem of $4 from the day Of Sailing from the United States until return thereto, both days inclusive, in lieu of subsistence on the Isthmus and all other expenses, out of such ap- propriation for the Panama Canal as may be desig- nated by the governor. (March 3, 1915, c. 75, § 3, 38 Stat. 886.) - - TITLE LXIV —RAILWAYS Sec. - 10055. Union Pacific Railroad. 10056. Connection of other roads. 10057. Railroads and telegraphs from Missouri River to Pa- : cific operated and used as continuous line; refusal so to operate, or afford equal facilities; damages for & failure or refusal to comply with acts. 10058. Interstate communication. 10059. Compensation of directors appointed by the United States. 10060. Withholding payments to certain railroads. 10061. Collection of percentage of net earnings due United States. 10062. Settlement of accounts; for Army transportation Serv- ICe:S, - 10063. Same; for Navy and Marine Corps transportation ServlceS. g 10064. Settlement of claims for transportation services; cred- it. On notes. - 10065. Payment for transportation; prohibited as to property or troops Over certain roads. - 10066. sº Army transportation services to certain rail- TO3, CIS. 10066a. Same; rate of compensation payable to certain land- - grant railroads. - - 10067. Same; Indian goods and supplies. 10068. Companies may sue in Court of Claims. 10069. Circuit Court to issue mandamus. 10070. Liens of United States; redemption of mortgages. 10071. Sinking-funds to secure debt to United States. § 10055. Union Pacific Railroad—The books, records, correspondence, and all other documents of the Union Pacific Railroad Company, shall at all times be open to inspection by the Secretary of the Treas- ury, or such persons as he may delegate for that pur- pose. The laws of the United States providing for proceedings in bankruptcy shall not be held to apply to said corporation. No dividend shall hereafter be made by said COmpany but from the actual net earn- ings thereof; and no new stock shall be issued or mortgages or pledges made on the property or future earnings of the Company without leave Of Congress, except for the purpose of funding and securing debt now existing, or the renewals thereof. No director or Officer of Said road shall hereafter be interested, di- rectly or indirectly, in any contract there with ex- cept for his lawful compensation as such officer. Any director or officer who shall pay or declare, or aid in paying or declaring, any dividend, or creating any mortgage or pledge prohibited by this act, shall be punished by imprisonment not exceeding two years, and by fine not exceeding five thousand dollars. (R. S. § 5256.) See §§ 7482, 7482a, 10080–10086. § 1005.6. Connection of other roads—Any rail- road company now or hereafter incorporated under any law of the United States, or of any State, which has been or may be organized by an act of CongreSS, may connect its road with the Union Pacific Railroad, or any of its branches. (R. S. § 5257.) § 10057. Railroads and telegraphs from Mis- souri River to Pacific operated and used as con- tinuous line; refusal so to operate, or afford equal facilities; damages for failure or refusal to comply with acts—The several companies author- ized to construct the aforesaid roads are hereby re- quired to operate and use said roads and telegraph for all purposes of communication, travel, and trans- portation, so far as the public and the government are concerned, as one continuous line ; and, in Such Operation and use, to afford and secure to each equal. advantages and facilities as to rates, time, and trans- portation, without any discrimination of any kind in favor of the road or business of any or either of said companies, or adverse to the road or business of any Or either of the Others, and it shall not be lawful for the proprietors of any line of telegraph, authorized by this act, or the act amended by this act to refuse, or fail to convey for all persons requiring the transmis- sion of news and messages of like character, on pain Of forfeiting to the person injured for each offence, the sum of one hundred dollars, and such other dam- age as he may have suffered on account of said re- fusal or failure, to be sued for and recovered in any court of the United States, or of any state or terri- tory of competent jurisdiction. And any officer or agent of the companies authoriz- ed to construct the aforesaid roads, or of any COm- pany engaged in operating either of said roads, Who . shall refuse to operate and use the road Or telegraph under his control, or which he is engaged in operating for all purposes of Communication, travel, and trans- portation, so far as the public and the Government are concerned, as one continuous line, or shall re- fuse, in such operation and use, to afford and Secure to each of said roads equal advantages and facilities as to rates, time, or transportation, without any dis- Crimination of any kind in favor of, Or adverse to, the road Or business Of any Or either Of Said COm- panies, Shall be deemed guilty of a misdemeanOr, and, upon COnviction thereof, shall be fined in any sum not exceedilig one thousand dollars, and may be imprison- ed not less than six months. In case of failure or re- fulSal Of the Union Pacific Railroad Company, or ei- ther Of Said branches, to comply with the require- Thellts Of this act and the acts to which this act is amendatory, the party injured or the company ag- grieved may bring an action in the district or circuit Court of the United States in the Territory, district, Or Cil'cuit in which any portion of the road of the defendant may be situated, for damages on account of Such failure or refusal; and, upon recovery, the plaintiff shall be entitled to judgment for treble the amount of all excess of freight and fares collected by the defendant, and for treble amount of damages Sustained by the plaintiff by such failure or refusal; al] d for each and every violation of or failure to com- ply With the requirements of this act, a new cause of action Shall arise; and in case of suit in any such Territory, district, or circuit, process may be served upon any agent Of the defendant found in the Ter- . ritory, district, or circuit in which such suit may be brought, and such service shall be by the court held to be good and Sufficient; and it is hereby provided that for all the purposes of said act, and of the acts amendatory thereof, the railway of the Denver Pa- Cific Railway and Telegraph Company shall be deem- ed and taken to be a part and extension of the road Of the Kansas Pacific Railroad, to the point of junc- tion thereof With the road Of the Union Pacific Rail- road Company at Cheyenne, as provided in the act of March third, eighteen hundred and sixty-nine. (July 2, 1864, c. 216, § 15, 13 Stat. 362, amended, June 20, 1874, c. 331, 18 Stat. 111.) The companies and roads referred to in this section as Originally enacted as “the several companies authorized to construct the aforesaid roads,” were the Union Pacific Railroad Company and other companies authorized to Construct portions of the railroad, and the roads so con- structed by them. Act March 3, 1869, c. 127, 15 Stat. 324, may be found in 15 Stat. 324. § 10058. Interstate communication—Every railroad company in the United States, whose road is Operated by Steam, its successors and assigns, is here- by authorized to carry upon and over its road, boats, bridges, and ferries, all passengers, troops, Govern- ment Supplies, mails, freight, and property on their way from any State to another State, and to receive Compensation therefor, and to connect with roads of Other States SO as to form COntinuous lines for the transportation Of the same to the place of destination. But this Section shall not affect any stipulation be- tWeen the Government of the United States and any railroad Company for transportation or fares with- Out Compensation, nor impair or change the condi- tions imposed by the terms of any act granting lands to any such company to aid in the Construction of its road, nor shall it be construed to authorize any rail- road COImpany to build any new road or connection IPage 1658] Tit. 64) # 10065 RAILWAYS [Page 1659] with any other road without authority from the State in which such railroad or connection may be propos- ed. And Congress may at any time alter, amend, Or repeal this section. (R. S. § 5258.) § 10059. Compensation of directors appoint- ed by the United States—Whenever, in any grant of land or other subsidies, made or hereafter to be made, to railroads or other corporations, the United States has reserved the right, or shall reserve it, to appoint directors, engineers, commissioners, or other agents to examine the roads, or act in conjunction With Oth- er officers of such company or companies, all the costs, charges, and pay of such directors, engineers, Commissioners, or agents shall be paid by the respec- tive companies. Such directors, engineers, COmmis- Sioners, or agents shall be paid for such services the sum of ten dollars per day, for each and every day actually and necessarily employed, and ten centS per mile for each and every mile actually and necessari- ly traveled, in discharging the duties required of them, which per diem and mileage shall be in full compensation for such services. In case any Com- pany shall refuse or neglect to make such payments, no more patents, for lands or other subsidies shall be issued to such company until these requirements are complied with. (R. S. § 5259.) See § 7085 (40). § 10060. Withholding payments to certain railroads—The Secretary of the Treasury is directed to withhold all payments to any railroad Company and its assigns, on account of freights or transporta- tion Over their respective roads Of any kind, to the amount of payments made by the United States for interest upon bonds of the United States issued to any such Company, and Which shall not have been re-imbursed, together with the five per centum of net earnings due and unapplied, as provided by law. (R. S. § 5260.) - s § 10061. Collection of percentage of net earm- ings due United States—That the Secretary of the Treasury be, and hereby is, directed to require pay- ment of the railroad-companies, their successors and assigns, or the successors or assigns of any Or either of said companies, of all Sums Of money due Or to become due, the United States for the five per Cen- tunn of the net earnings provided for by the act en- titled “An act to aid in the construction of a railroad and telegraph-line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and Other pur- poses” approved July first, eighteen hundred and sixty-two, or by any other act or acts in relation to the companies therein named, or any other such com- pany or companies, and in case either of said rail- road-companies shall neglect or refuse to pay the same within sixty days after demand therefor made upon the treasurer of Such railroad Company, the Secretary of the Treasury shall certify that fact to the Attorney-General, who shall thereupon institute the necessary Suits and proceedings to Collect and Otherwise Obtain redress in respect Of the same in the proper circuit courts of the United States, and prosecute the same, with all Convenient dispatch to a final determination. (June 22, 1874, c. 414, 18 Stat. 200.) § 10062. Settlement of accounts; for Army transportation services—For the proper adjustment of the accounts of the Union Pacific, Central Pacific, Kat.sas Pacific, Western Pacific, and Sioux City and Pacific Railroad Companies, respectively, for Serv- ices which have been or may be hereafter performed for the government for transportation of the Army and transportation of the mails, the Secretary of the Treasury is hereby authorized to make such entries upon the books Of the department as will carry to the Credit Of Said Companies the amounts so earned Or to be earned by them during each fiscal year and withheld under the provisions of section fifty-two hundred and sixty of the Revised Statutes and of the act of Congress approved May seventh, eighteen hun- dred and seventy-eight: Provided, That this shall not authorize the expenditure of any money from the Treasury nor change the method now provided by law for the auditing of such claims against the gov- ernment; Provided further, That this paragraph shall not be so construed as to be a disposition. Of any moneys due or to become due to Or from Said companies respectively, or to, in any way, affect their rights or duties or the rights of the United States, under existing laws, it being only intended hereby to enable the proper accounting officers to state on the books of the Treasury the accounts between the gov- ernment and said companies respectively. (March 3, 1879, c. 183, 20 Stat. 420.) - . See § 10063. § 10063. Same; for Navy and Marine Corps transportation services—The provisions Of the clause contained in the Act of Congress approved March third, eighteen hundred and seventy-nine, all- thorizing the Secretary of the Treasury to make such entries upon the books of the Department as Will Carry to the Credit Of Certain railroad Companies nam- ed in said Act amounts earned or to be earned by them during each fiscal year On a CCOUnt Of transpor- tation of the Army and transportation of the mails be, and the same are hereby, extended and made ap- plicable to the transportation of the Navy and the Marine Corps. (March 3, 1897, c. 386, 29 Stat. 663.) Act March 3, 1879, c. 183, is $ 10062. * § 10064. Settlement of claims for transpor- tation services; credit on notes—The Secretary Of the Treasury is hereby authorized and directed to make settlement of the claims growing out of Gov- ernment transportation Over non-bond-aided lines Of the Southern Pacific Company and Central Pacific Railroad Company by crediting against the notes of the Central Pacific Railroad Company held in the Treasury of the United States interest on all of said judgment and allowed claims at four per Centum per annum, as set forth in his letter to the chairman of the Committee on Appropriations of the Senate, dated May twelfth, nineteen hundred. (March 3, 1901, c. 831, § 1, 31 Stat. 1023.) § 10065. Payment for transportation; pro- hibited as to property or troops over certaixa roads—No money shall hereafter be paid to any rail- road company for the transportation of any property or troops of the United States over any railroad which in whole or in part Was Constructed by the aid of a grant of public land on the condition that Such railroad should be a public highway for the use of the Government of the United States free from toll or other charge, or upon any other conditions for the use of such road, for Such transportation, nor shall any allowance be made for the transportation of Officers of the Army Over any Such road. When On duty and under orders as military officers of the United States. But nothing herein COntained Shall be construed as preventing any such railroad from bringing a suit in the Court of Claims for the charges for such transportation, and recovering for the same if found entitled thereto by virtue of the laws in force prior to the passage of this act; provided that the claim for Such charges shall not have been bar- red by the statute of limitations at the time of bring- ing the suit, and either party shall have the right of appeal to the Supreme Court of the United States; and provided further, That the foregoing proVision shall not apply for the current fiscal year, nor there- after, to roads where the sole condition of trans- portation is that the company shall not charge the Government higher rates than they do individuals for like transportation, and when the Quartermaster- General shall be satisfied that this condition has been faithfully complied with. (March 3, 1875, c. 133, § 1, 18 Stat. 453.) 3 10066 (Tit. 64 RAILWAYS § 10066. Same; Army transportation services to certain railroads—For the payment of Army transportation lawfully due such land-grant rail- roads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in Cases decided under Such land- grant Acts), but in no case shall more than fifty per centum of full amount of service be paid : Pro- vided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large and Shall be accepted as in full for all demands for such service: Provided further, That in expend- ing the money appropriated by this Act a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public land to aid in the COnstruction of its railroad on condition that such railroad should be a post route and military road, Subject to the use of the United States for postal, military, naval, and other Govern- ment services, and also subject to such regulations as Congress may impose restricting the charge for such Government transportation, having claims against the United States for transportation of troops and munitions of War and military supplies and property over such aided railroads, shall be paid out of the moneys appropriated by the foregoing provi- Sion only on the basis of such rate for the transpor- tation of such troops and munitions of war and mili- tary supplies and property as the Secretary of War shall deem just and reasonable under the foregoing provision, such rate not to exceed fifty per centum Of the compensation for such Government transpor- tation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount SO fixed to be paid shall be accepted as in full for all demands for such service: And provided further, That nothing in the preceding provisos shall be construed to pre- vent the accounting Officers Of the GOvernment from making full, payment to land-grant railroads for transportation of property or persons where the courts of the United States have held that such prop- erty or persons do not come within the scope of the deductions provided for in the land-grant Acts. (March 28, 1918, c. 28, § 1, 40 Stat.) § 100.66a. Same; rate of compensation pay- able to certain land-grant railroads—Land-grant railroads organized under the Act of July twenty- eighth, eighteen hundred and sixty-six, chapter three hundred, shall receive the same compensation for transportation during the existing war emergency of property and troops of the United States as may be paid to land-grant railroads, Organized under the land-grant Act of March third, eighteen hundred and sixty-three, and the Act of July twenty-seventh, eighteen hundred and Sixty-six, Chapter two hundred and seventy-eight, for such transportation during said emergency: Provided, That this paragraph shall not be construed as changing in any other way or for any other period of time the rights and duties Of the land-grant railroads first above mentioned. (Oct. 6, 1917, c. 79, § 1, 40 Stat. 361.) § 10067. Same; Indian goods and supplies— Hereafter payment for transportation of Indian goods and supplies shall include all Indian trans- portation lawfully due such land-grant railroads as have not received aid in GOvernment bonds (to be adjusted in accordance with the decisions Of the Supreme Court in Cases decided under Such land- grant Acts), but in no case shall more than fifty per centum of full amount of service be paid to said land-grant roads: tion shall be COmputed upon the basis Of the tariff or lower special rates for like transportation per- formed for the public at large, and shall be accepted as in full for all demands for Such Service: Provided further, That hereafter in expending money appro- [Page 1660] Provided, That such compensa- priated for this purpose a railroad company which has not received aid in bonds of the United States, and Which obtained a grant of public lands to aid in the construction of its railroad on condition that Such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Government serv- ices, and also subject to such regulations as Congress may impose, restricting the charge for such Govern. ment transportation, having claims against the United States for transportation of Indian goods and sup- plies over such aided railroads, shall be paid out of the moneys appropriated for such purpose only on the basis Of Such rate for the transportation of Such Indian goods and supplies as the Secretary of the Interior shall deem just and reasonable under the provisions set forth herein, such rate not to exceed fifty per centum of the compensation for such Gov- ernment tranSportation as shall at that time be Charged to and paid by private parties to any such Company for like and similar transportation; and the amount So fixed to be paid shall be accepted as in full for all demands for such service. (April 30, 1908, c. 153, 35 Stat. 73.) § 10068. Companies may sue in Court of Clairns-Any such company may bring suit in the Court of Claims to recover the price of such freight and transportation, and in such suit the right of such COmpany to recover the same upon the law and the facts of the case shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto by them ; and either party to such suit may appeal to the Su- preme Court; and both said courts shall give such Cause or causes precedence of all other business. (R. S. § 5261.) The Words “Any such company” refer to the railroad Companies from whom payments for freight and trans- portation were directed to be withheld by § 10060. § 10069. Circuit court to issue mandamus— The proper [circuit] court of the United States shall have jurisdiction to hear and determine all cases of mandamus to compel said Union Pacific Railroad Com- pany to Operate its road as required by law. (R. S. § 5262.) Word in brackets superseded by §§ 1266–1268. § 10070. Liens of United States; redemption of mortgages—Whenever, in the opinion of the Pres- ident, it shall be deemed necessary to the protection Of the interests and the preservation of the security Of the United States in respect of its lien, mortgage, Or Other interest in any of the property of any or all Of the Several Companies upon which a lien, mortgage, Or Other incumbrance paramount to the right, title, Or interest of the United States for the same property, Or any part Of the same, may exist and be then law- fully liable to be enforced, the Secretary of the Treasury shall, under the direction of the President, redeem or otherwise clear off such paramount lien, mortgage, Or Other incumbrance by paying the sums lawfully due in respect thereof out of the Treasury; and the United States shall thereupon become and be Subrogated to all rights and securities theretofore pertaining to the debt, mortgage, lien, or other in- Cumbrance in respect of which such payment shall have been made. It shall be the duty of the Attor- ney-General, under the direction of the President, to take all such steps and proceedings, in the Courts and Otherwise, as shall be needful to redeem such lien, mortgage, or other incumbrance, and to protect and defend the rights and interests of the United States in respect of the matters in this section mentioned, and to take steps to foreclose any mortgages or liens of the United States on any such railroad property. (March 3, 1887, c. 345, § 4, 24 Stat. 491.) § 10071. Sinking-funds to secure debt to United States—The sinking-funds which are or may be held in the Treasury for the security of the indebt- edness of either or all of Said railroad companies may, Tit. 65) & 10078a TELEGRAPHS [Page 16611 in addition to the investments now authorized by law, be invested in any bonds of the United States heretofore issued for the benefit of either or all of said Companies, or in any of the first-mortgage bonds of either of said companies which have been issued under the authority of any law of the United States and secured by mortgages of their roads and franchis- es, which by any law of the United States have been made prior and paramount to the mortgage, lien, Or Other Security of the United States in respect of its advances to either of Said Companies as provided by law. (March 3, 1887, c. 345, § 5, 24 Stat. 492.) TITLE LXV-TELEGRAPHS Sec. 10072. Use of public domain. 100.73. Use of materials from public lands. 10074. Rights not transferable. - 10075. Government priority in transmission of messages. 10076. Purchase of lines. 10077. Acceptance of obligation to be filed. 10078. Transmission of telegrams by railroads. 10078a. Collection of forwarding charges due connecting com- panies for transmission of Government radiograms Or telegrams. 10079. Refusal to transmit dispatches. 10080. Subsidized companies required to construct and operate lines. 10081. Equal facilities to connecting lines; discrimination in rates. 100.82. Powers of Interstate Commerce Commission. 10083. Interference with liens of United States. 10084. Violation of act; punishment; action for damages. 10085. Contracts filed with Interstate Commerce Commission; reports; failure to make. 10086. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines. SUBMARINE CABLES 10087. Willful injury punishable. 10088. Negligent injury punishable. 10089. Injury in efforts to save life. 10090. Vessels laying cable; signals; avoidance of buoys. 10091. Fishing vessels; duty to keep nets from cables. 10092. Duties of commanders of war ships. 10093. Offending vessels to show nationality. 10094. Penalties not to bar suits for damages, 10095. Master of offending vessel punishable. 10096. Definitions. 10097. Summary trials. 10098. Application of act. 10099. Jurisdiction and venue of offenses. RADIOTELEGRAPHS 10100. License for operation. 10101. Same; form; persons entitled. 10102. Operators, license or temporary permits; employment Of unlicensed operators. - 10103. Regulations; penalty for violations; temporary licens- es for experiments; naval and military stations. 10104. Willful or malicious interference with communication. 10105. Radio communication, defined. 10106. Uttering or transmitting false or fraudulent signals. 10.107. Restriction of use on foreign ships. 10108. Jurisdiction of offenses. 101.09. Inapplicability to Philippines. § 100.72. Use of public domain—Any telegraph Company nOW Organized, or which may hereafter be Organized, under the laws of any State, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the pub- lic domain of the United States, over and along any Of the military or post roads of the United States which have been or may hereafter be declared such by law, and Over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and main- tained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads. (R. S. § 5263.) § 100.73. Use of materials from public lands— Any telegraph Company organized under the laws Of any State shall have the right to take and use from the public lands through which its lines of telegraph may pass, the necessary Stone, timber, and other mate- rials for its posts, piers, stations, and other needful uses in the COnstruction, maintenance, and Operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which their lines of telegraph may be located as may be necessary for their stations, not exceeding forty acres for each station; but such Stations shall not be Within fifteen miles of each other. (R. S. § 5264.) - s § 10074. Rights not transferable—The rights and privileges granted under the provisions of the act of July twenty-four, eighteen hundred and sixty- six, entitled “An act to aid in the construction of tele- graph lines, and to secure to the Government the use of the same for postal, military, and other pur- poses,” or under this Title, shall not be transferred by any COmpany acting thereunder to any other Cor- \poration, association, or person. (R. S. § 5265.) Act July 24, 1866, c. 230, found in 14 Stat. 221, con- stituted the larger part of this title. § 100.75. Government priority in transmission of messages—Telegrams between the several Depart- ments of the Government and their officers and agents, in their transmission over the lines of any telegraph Company to which has been given the right of Way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the Postmaster-General shall annually fix. And no part of any appropriation for the several Depart- Iments of the Government shall be paid to any com- pany which neglects or refuses to transmit such tele- grams in accordance with the provisions of this sec- tion. (R. S. § 5266.) See § 10086. § 106076. Purchase of lines—The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twenty-fourth, eighteen hundred and sixty- six, entitled “An act to aid in the construction of tele- graph lines, and to secure to the Government the use Of the same for postal, military, and other purposes,” or under this Title, at an appraised value, to be as- certained by five competent, disinterested persons, two of whom shall be selected by the Postmaster-Gen- eral of the United States, two by the company inter- ested, and one by the four so previously selected. (R. S. § 5267.) See § 10086. § 10077. Acceptance of obligation to be filed —Before any telegraph company shall exercise any of the powers or privileges conferred by law such com- pany shall file their written acceptance with the Post- master-General of the restrictions and obligations re- Quired by law. (R. S. § 5268.) See § 10081. § 10078. Transmission of telegrams by rail- Toads—Telegrams are authorized to be transmitted by railroad companies which may have telegraph lines, and which shall file their written acceptance of the re- strictions and obligations imposed on telegraph com- panies by title sixty-five of the Revised Statutes, for the government and for the general public, at rates to be fixed by the government, according to the provi- sions of title sixty-five of the Revised Statutes. (June 23, 1879, c. 35, § 1, 21 Stat. 31.) - § 100.78a. Collection of forwarding charges due connecting companies for transmission of Government radiograms or telegrams—Hereafter the Signal Corps, in its operation of military telegraph lines, Cables, Or radio Stations, is authorized in the discretion of the Secretary of War to collect forward- ing Charges dule Connecting Commercial telegraph or radio COImpanies for the transmission of Government radiograms or telegrams over their lines, and to this § 10079 (Tit. 65 TELEGRAPHs IPage 1662] end, under such regulations as may be prescribed by the Secretary of War, it can present vouchers to dis- bursing Officers for payment or file claims with audi- tors of the Treasury Department for the amount Of such forwarding charges. (May 12, 1917, c. 12, 40 Stat. 43.) . § 100.79. Refusal to transmit dispatches— Whenever any telegraph company, after having filed its written acceptance with the Postmaster-General of the restrictions and obligations required by the act approved July twenty-fourth, eighteen hundred and sixty-six, entitled “An act to aid in the construction of telegraph lines, and to Secure to the Government the use of the same for postal, military, and Other purposes,” or by this Title, shall, by its agents or em- ployés, refuse or neglect to transmit any such tele- graphic communications as are provided for by the aforesaid act, or by this Title, or by the provisions of section two laundred and twenty-One, Title “The Department of War,” authorizing the Secretary of War to provide for taking meteorological observations at the military stations and other points of the inte-, rior of the continent, and for giving notice On the northern lakes and sea-board of the approach and force Of Storms, such telegraph Company shall be lia- ble to a penalty of not less than one hundred dollars and not more than One thousand dollars for each such refusal or neglect, to be recovered by an action or ac- tions at law in any district court of the United States. (R. S. § 5269, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) § 10080. Subsidized companies required to construct and operate lines—All railroad and tele- graph Companies to which the United States has granted any subsidy in lands or bonds or loan of Credit for the construction of either railroad Or tele- graph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all Companies engaged in operating said railroad or telegraph lines shall forthwith and hence- forward, by and through their own respective corpo- rate officers and employees, maintain, and Operate, for railroad, Governmental, commercial, and all Oth- er purposes, telegraph lines, and exercise by them- selves alone all the telegraph franchises conferred up- on them and obligations assumed by them under the acts making the grants as aforesaid. (Aug. 7, 1888, c. 772, § 1, 25 Stat. 382.) - - § 10081. Equal facilities to connecting lines; diserimination in rates—Whenever any telegraph company which shall have accepted the provisions of title sixty-five of the Revised Statutes shall extend its line to any station or office of a telegraph line belong- ing to any one of said railroad or telegraph companies, referred to in the first Section of this act, said tele- graph Company SO extending its line Shall have the right and said railroad or telegraph company shall allow the line of said telegraph Company SO extending its line to Connect with the telegraph Tine of said railroad Or telegraph company to which it is extend- ed at the place where their lines may meet, for the prompt and convenient interchange of telegraph busi- ness between said companies; and such railroad and telegraph COImpanies, referred to in the first section Of this act, shall so operate their respective telegraph lines as to afford equal facilities to all, without dis- Crimination in favor of or against any person, com- pany, Or Corporation whatever, and shall receive, de- liver, and exchange business with connecting tele- graph lines On equal terms, and affording equal fa- cilities, and without discrimination for or against any One Of Such Connecting lines; and such exchange of business shall be on terms just and equitable. (Aug. 7, 1888, c. 772, § 2, 25 Stat. 383.) § 10082. Powers of Interstate Commerce Commission—If any Such railroad or telegraph com- 0any referred to in the first section of this act, or Company Operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and Operate a telegraph line as provided in this act and acts to which this is supplementary, for the use Of the Government or the public, for commercial and Other purposes, without discrimination, or shall re- fuse Or fail to make or continue such arrangements for the interchange of business with any connecting telegraph Company, then any person, Company, cor- poration, Or connecting telegraph Company may apply for relief to the Interstate Commerce Commission, whose duty it shall thereupon be, under such rules and regulations as said Commission may prescribe, to ascertain the facts, and determine and Order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concern- ed shall abide by and perform such order; and it shall be the duty of the Interstate Commerce Commis- sion, when such determination and Order are made, to notify the parties concerned, and, if necessary, en- force the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation. Of either Of Said Interstate Commerce Commissioners: Provided, That the said Commission- erS may institute any inquiry, upon their own mo- tion, in the same manner and to the same effect as though complaint had been made. (Aug. 7, 1888, c. 772, § 3, 25 Stat. 383.) Provisions as to powers and duties of the Commission are contained in Title LVIA., “Regulation of Interstate - *...ºreign Commerce,” c. A., “Regulation of Transpor- a. & $ iods3. Interference with liens, of United States—In Order to secure and preserve to the Unit- ed States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to said railroad and telegraph companies referred to in the first section of this act, and to have the same possessed, used, and Oper- ated in conformity with the provisions of this act and of the several acts to which this act is supple- mentary, it is hereby made the duty of the Attorney- General of the United States, by proper proceedings, to prevent any unlawful interference with the rights and equities of the United States under this act, and under the acts hereinbefore mentioned, and under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights of way upon the lands of said railroad Companies, or any of them, and to have all contracts and provisions of contracts Set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any oth- er person, company, or COrpOration. (Aug. 7, 1888, C. 772, § 4, 25 Stat. 383.) - § 10084. Violation of act; punishment; action for damages—Any Officer or agent of Said railroad or telegraph companies, Or of any company Operating the railroads and telegraph lines Of Said Companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in Operating, in the manner directed in this act and by the acts to which it is supplementary, or who shall refuse or fail, in such Operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of busi- ness, as herein provided for, without any discrimi- nation whatever for or adverse to the telegraph line of any or either of said connecting Companies, or shall refuse to abide by, or perform and carry out within a reasonable time the order or orders of the Interstate Commerce Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on Conviction thereof, shall in every such case be fined in a sum of not exceeding One thousand dollars, and Tit. 65) 3 10091 TELEGRAPHs. may be imprisoned not less than six months; and in every such case of refusal or failure the party ag- grieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the dam- ages sustained thereby against the company whose officer or agent may be guilty thereof, in the [cir- cuit Or] district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in Case Of Suit process may be served upon any. agent of the company found in such State or Terri- tory, and such service shall be held by the COurt good and sufficient. (Aug. 7, 1888, c. 772, § 5, 25 Stat. 384.) Words in brackets superseded by §§ 1266–1268. - : . . $ 10085. Contracts filed with Interstate Com- merce Commission; reports; failure to make—It Shall be the duty of each and every One of the afore- Said railroad and telegraph companies, Within sixty days from and after the passage of this act, to file With the Interstate Commerce Commission copies Of all contracts and agreements of every description ex- isting between it and every other person or corpora- tion whatsoever in reference to the Ownership, pos- Session, maintenance, Control, use, or Operation of any telegraph lines, or property over or upon its rights Of way, and also a report describing with sufficient. Certainty the telegraph lines and property belonging to it, and the manner in which the Same are being then used and Operated by it, and the telegraph lines and property upon its right of way in which any oth- er person or corporation claims to have a title or interest, and setting forth the grounds of such claim, and the manner in Which the same are being then used and Operated; and it shall be the duty of each and every one of said railroad and telegraph com- panies annually hereafter to report to the Interstate Commerce Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and Operation thereof, and its relation and busi- ness with all connecting telegraph Companies during the preceding year, at such time and in such manner as may be required by a system of reports which said Commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make Such reports or any report as may be called for by said Commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, Of a sum not less than One thou- Sand dollars nor more than five thousand dollars, to be recovered by the Attorney-General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the In- terstate Commerce Commission to inform the Attor- ney-General of all such cases of neglect or refusal, Whose duty it shall be to proceed at Once to judicially enforce the forfeitures hereinbefore provided. (Aug. 7, 1888, c. 772, § 6, 25 Stat. 384.) § 10086. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines—Nothing in this act shall be con- strued to affect or impair the right of Congress, at any time hereafter, to alter, amend, or repeal the Said acts hereinbefore mentioned; and this act shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, justice or the public welfare may require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now existing in the United States, or any authority that the Postmaster-General now has under title sixty-five of the Revised Statutes to fix rates, Or, Of the Government, to purchase lines as provided under said title, or to have its messages given precedence in transmission. (Aug. 7, 1888, c. 772, § 7, 25 Stat. 385.) - - [Page 1663I SUBMARINE CABLES The protection of submarine cables was made the sub- ject of an international convention between the United - States and Germany, Argentine Confederation, Austria- Hungary, Belgium, Brazil, Costa Rica, Denmark, Domin- ican Republic, Spain, United States of Colombia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Nether- lands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Uruguay, and the British Colonies. It was concluded March 14, 1884, ratified Jan- uary 26, 1885, ratifications exchanged April 16, 1885, and proclaimed May 22, 1885. Its provisions were set forth in 24 Stat. 989-1000. - Act Feb. 29, 1888, c. 17, set forth below, provided for the enforcement of the provisions of said convention. § 10087. Willful injury punishable—Any per- son who shall willfully and wrongfully break Or injure, or to attempt to break or injure, or Who Shall in any manner procure, counsel, aid, abet, Or be a C- cessory to such breaking or injury, or attempt to break or injure, a submarine cable, in Such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a mis- demeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five thousand dollars, Or to both fine and imprisonment, at the discretion of the court. (Feb. 29, 1888, c. 17, § 1, 25 Stat. 41.) § 10088. Negligent injury punishable—Any person who by culpable negligence shall break or in- jure a submarine cable in such manner as to inter- rupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding five hundred dollars, or to both fine and imprisonment, at the discretion of the court. (Feb. 29, 1888, c. 17, § 2, 25 Stat. 41.) § 10089. Injury in efforts to save life—The provisions of the foregoing sections Shall not apply to a person who breaks or injures a cable in an ef- fort to save the life or limb of himself or of any oth- er person, or to save his own or any other vessel: Provided, That he takes reasonable precautions to avoid such breaking or injury. (Feb. 29, 1888, c. 17, § 3, 25 Stat. 41.) - - e § 10090. Vessels laying cable; signals; avoid- anee of buoys—The master of any vessel which, While engaged in laying or repairing submarine cables, shall fail to observe the rules concerning signals that have been or shall hereafter be adopted by the parties to the convention with a view to preventing Collisions at sea; or the master of any vessel that, perceiving, Ol' being able to perceive the said signals displayed up- on a telegraph ship engaged in repairing a Cable, shall not withdraw to or keep at distance of at least one nautical mile; or the master of any Vessel that seeing or being able to see buoys intended to mark the position of a cable when being laid Or When out of order or broken, shall not keep at a distance of at least a quarter of a nautical mile, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceed- ing one month, or to a fine of not exceeding five hull- dred dollars. (Feb. 29, 1888, c. 17, § 4, 25 Stat. 41.) See §§ 7834–7871. - - - § 10091. Fishing vessels; duty to keep nets from cables—The master of any fishing vessel Who shall not keep his implements or nets at a distance Of at least one nautical mile from a vessel engaged in laying or repairing a cable; or the master of any fishing vessel who shall not keep his implements or nets at a distance of at least a quarter of a nautical mile from a buoy or buoys intended to mark the posi- tion of , a cable when being laid Or when Out Of Order or broken, shall be guilty of a misdemeanor, and On conviction thereof, shall be liable to imprisonment for a term not exceeding ten days, Or to a fine not exceeding two hundred and fifty dollars, or to both such fine and imprisonment, at the discretion of the court: Provided, however, That fishing vessels, on perceiving or being able to perceive the Said Signals 3 10092 (Tit. 65 TELEGRAPHS IPage 1664] displayed on a telegraph ship, shall be allowed such time as may be necessary to obey the notice thus given, not exceeding twenty-four hours, during which period no obstacle shall be placed in the way of their operations. (Feb. 29, 1888, c. 17, § 5, 25 Stat. 42.) § 10092. Duties of commanders of war ships —For the purpose of carrying into effect the con- vention, a person Commanding a ship of war of the United States or of any foreign state for the time being bound by the convention, or a ship specially commissioned by the Government of the United States Or by the Government of such foreign state, may ex- ercise and perform the duties vested in and imposed On Such officer by the convention. (Feb. 29, 1888, c. 17, § 6, 25 Stat. 42.) See note to § 10093. § 10093. Offending vessels to show nationality –Any person having the custody of the papers nec- essary for the preparation of the statements pro- Vided for in article ten of the convention who shall refuse to exhibit them or shall violently resist per- Sons having authority according to article ten of said Convention to draw up statements of facts in the exercise Of their functions, shall be guilty of a mis- demeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding five thousand dollars, or to both fine and imprisonment, at the discretion of the court. (Feb. 29, 1888, c. 17, § 7, 25 Stat. 42.) Article X of the Convention was as follows: “Evidence of Violations of this convention may be obtained by all methods of Securing proof that are allowed by the laws of the country of the court before which a case has been brought. When the officers commanding the vessels of War or the vessels specially commissioned for that pur- pose of one of the high contracting parties, shall have reason to believe that an infraction of the measures pro- vided for by this convention has been committed by a vessel other than a vessel of war, they may require the Captain or master to exhibit the official documents fur- nishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. Reports may, moreover, be prepared by the said officers, whatever may be the na– tionality of the inculpated vessel. These reports sha.II be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the Witnesses shall have the right to add or cause to be added thereto, in their own language, any explanations that they may deem proper; these declarations shall be duly signed.” § 10094. Penalties not to bar suits for dam- ages—The penalties provided in this act for the break- ing or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury. (Feb. 29, 1888, c. 17, § 8, 25 Stat. 42.) § 100.95. Master of offending vessel punish- able—When an Offense against this act Shall have been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deem- ed to have been in charge of and navigating the same, and be liable to be punished accordingly. (Feb. 29, 1888, c. 17, § 9, 25 Stat. 42.) § 10096. Definitions—-Unless the context of this act otherwise requires, the term “vessel” shall be taken to mean every description of vessel used in navigation, in whatever way it is propelled; the term “master” shall be taken to include every person having COrramand Or charge of a vessel; and the term “person” to include a body of persons, corporate or incorporate. The term “convention” shall be taken to mean the International Convention for the Protection of Submarine Cables, made at Paris. On the fourteenth day of May, eighteen hundred and eighty-four, and proclaimed by the President of the United States On the twenty-Second day Of May, eighteen hundred and eighty-five. (Feb. 29, 1888, c. 17, § 10, 25 Stat. 42.) § 10097. Summary trials—The provisions of the Revised Statutes, from Section forty-three hundred to Section forty-three hundred and five, inclusive, for the Summary trial of offenses against the navigation laws Of the United States, shall extend to the trial of of— fenses against the provisions of sections four and five of this act. (Feb. 29, 1888, c. 17, § 11, 25 Stat. 42.) - R. S. §§ 4300-4305 are $$ 8045–8051. § 10098. Application of act—The provisions of this act shall be held to apply only to cables to which the convention for the time being applies. (Feb. 29, 1888, c. 17, § 12, 25 Stat. 42.) - . § 10099. Jurisdiction and venue of offenses— The district courts of the United States shall have jurisdiction over all offenses against this act and of all suits of a civil nature arising thereunder, wheth- er the infraction complained of shall have been com- mitted within the territorial waters of the United States or outside of the said waters: Provided, That in Case such infraction is committed outside of the territorial waters of the United States the vessel on board of which it has been committed is a vessel of the United States. . From the decrees and judgments Of the district courts in actions and suits arising under this act appeals and writs of error shall be allowed as now provided by law in other cases. Criminal actions and proceedings for a violation of the provisions of this act shall be commenced and proSectlted in the district Court for the district with- in which the offense was committed, and when not Committed within any judicial district, then in the district Court for the district within which the of. fender may be found; and suits of a civil nature may be commenced in the district court for any dis- trict. Within which the defendant may be found and shall be served with process. (Feb. 29, 1888, c. 17, § 13, 25 Stat. 42.) RADIOTELEGRAPHS Regulation of radiotelegraphs was made the subject of an international convention between the United States and the possessions thereof, and Germany and the German Protectorates, the Argentine Republic, Austria, Hungary, Bosnia-Herzegovina, Belgium, the Belgian Congo, Brazil, Bulgaria, Chile, Denmark, Egypt, Spain and the Spanish Colonies, France and Algeria, French West Africa, French Equatorial Africa, Indo-China, Madagascar, Tunis, Great Britain and the various British Colonies and Protectorates, the Union of South Africa, the Australian Federation, Canada, British India, New Zealand, Greece, Italy and the Italian Colonies, Japan and Chosen, Formosa, Japa- nese Sakhalin and the leased territory of Kwantung, Mo- rocco, Monaco, Norway, the Netherlands, the Dutch Indies and the Colony of Curacao, Persia, Portugal and the Portuguese Colonies, Roumania, Russia and the Russian possessions and Protectorates, the Republic of San Marino, Siam, Sweden, Turkey, and Uruguay. This convention was concluded July 5, 1912, and proclaimed July 8, 1913. The provisions thereof were contained in 38 Stat. pt. 2, P.,. Aug. 13, 1912, c. 287, set forth below, provided for the enforcement of the provisions of said convention. § 10100. License for operation—A person, Com- pany, Or Corporation within the jurisdiction of the United States shall not use or Operate any apparatus for radio communication as a means Of Commercial intercourse among the Several States, Or With for- eign nations, or upon any vessel of the United States engaged in interstate or foreign commerce, or for the transmission of radiograms or signals the ef- fect of which extends beyond the jurisdiction of the State or Territory in which the same are made, or where interference would be caused thereby with the receipt of messages, or signals from beyond the juris- diction of the said State or Territory, except under and in accordance with a license, revocable for cause, in that behalf granted by the Secretary of Commerce [and Labor] upon application therefor; but nothing in this Act shall be construed to apply to the transmission and exchange of radiograms or signals between points situated in the same State: Provided, That the effect thereof shall not extend beyond the jurisdiction of the said State or inter- fere with the reception of radiograms or signals from beyond said jurisdiction; and a license shall not be required for the transmission or exchange of Tit. 65) ź 10103 TELEGRAPHS IPage 1665] radiograms or signals by or on behalf of the GOVern- ment of the United States, but every Government station on land or sea shall have special Call letters designated and published in the list Of radio sta- tions of the United States by the Department of Com- merce [and Labor]. Any person, Company, Or Cor- poration that shall use or operate any apparatus for radio communication in violation of this Section, or knowingly aid or abet another person, company, or corporation in so doing, shall be deemed guilty of a misdemeanor, and on conviction thereof Shall be punished by a fine not exceeding five hundred dol: iars, and the apparatus or device so unlawfully used and operated may be adjudged forfeited to the Unit- ed States. (Aug. 13, 1912, c. 287, § 1, 37 Stat. 802.) Words in brackets superseded by § 932. § 10101. Same; form; persons entitled-EVery such license shall be in such form as the Secretary of Commerce [and Labor] shall determine and Shall Con- tain the restrictions, pursuant to this Act, on and Sub- ject to which the license is granted; every such license shall be issued only to citizens of the United States or Porto Rico or to a company incorporated un- der the laws of some State or Territory Or Of the United States or Porto Rico, and shall Specify the ownership and location of the station in which Said apparatus shall be used and other particulars for its identification and to enable its range to be esti- mated ; shall state the purpose of the station, and, ill case of a station in actual operation at the date of passage of this Act, shall contain the statement that satisfactory proof has been furnished that it was actually Operating on the above-mentioned date; shall state the Wave length or the wave lengths author- ized for use by the station for the prevention Of in- terference and the hours for which the Station is licensed for Work; and shall not be construed to authorize the use of any apparatus for radio COm- munication in any other station than that specified. Every such license shall be subject to the regulations Contained herein and such regulations as may be eS- tablished from time to time by authority of this Act or subsequent Acts and treaties of the United States. T}very such license shall provide that the President of the United States in time of war or public peril Or disaster may Cause the closing of any Station for radio Communication and the removal therefrom Of all radio apparatus, or may authorize the use Or Control of any such station Or apparatus by any de- partment Of the Government, upon just Compensa- tion to the owners. (Aug. 13, 1912, c. 287, § 2, 37 Stat. 303.) º Words in brackets superseded by § 932. § 10102. Operators, license or temporary permits; employment of unlicensed operators— Every such apparatus shall at all times while in use and Operation as aforesaid be in charge or under the SuperVision of a person or persons licensed for that purpose by the Secretary of Commerce [and Labor.] Every person so licensed who in the Operation of any radio apparatus shall fail to observe and obey regu- lations COIntained in or made pursuant to this Act or Subsequent Acts or treaties of the United States, or any one of them, or who shall fail to enforce obedience thereto by an unlicensed person while serving under his Supervision, in addition to the punishments and penalties herein prescribed, may suffer the suspen- Sion of the said license for a period to be fixed by the Secretary of Commerce [and Labor] not exceed- ing One year. It shall be unlawful to employ any unlicensed person or for any unlicensed person to Serve in charge or in supervision of the use and oper- ation of Such apparatus, and any person violating this provision shall be guilty of a misdemeanor, and On conviction thereof shall be punished by a fine of not more than One hundred dollars or imprisonment for not more than two months, or both, in the dis- Cretion Of the Court, for each and every such offense: COMP.S.T.’18—105 Provided, That in case of emergency the Secretary Of Commerce [and Labor] may authorize a Collector of customs to issue a temporary permit, in lieu Of a license, to the operator on a vessel subject to the radio ship Act of June twenty-fourth, nineteen hun- dred and ten. (Aug. 13, 1912, c. 287, § 3, 37 Stat. 303.) Words in brackets superseded by § 932. § 10.103. Regulations; penalty for violations; temporary licenses for experiments; naval and military stations—For the purpose of preventing Or minimizing interference with communication between stations in which such apparatus is operated, to fa- cilitate radio Communication, and to further the prompt receipt of distress signals, said private and commercial stations shall be subject to the regula- tions of the section. These regulations shall be en- forced by the Secretary of Commerce [and Labor] through the collectors of customs and other officers of the Government as other regulations herein pro- Vided for. The Secretary of Commerce [and Labor] may, in his discretion, waive the provisions of any or all Of these regulations when no interference of the Char- acter above mentioned Can ensue. The Secretary of Commerce [and Labor] may grant special temporary licenses to stations actually en- gaged in Conducting experiments for the develop- ment of the science of radio communication, or the apparatus pertaining thereto, to carry On special tests, using any amount of power or any wave lengths, at such hours and under such conditions as will in- sure the least interference with the sending or re- ceipt of commercial or Government radiograms, Of distress Signals and radiograms, or With the Work Of other Stations. In these regulations the naval and military Sta. tions shall be understood to be stations on land. * Regulation,8. Normal Wave Length. First. Every station shall be required to desig. nate a certain definite Wave length as the normal sending and receiving wave length of the station. This wave length shall not exceed six hundred meters Or it shall exceed one thousand six hundred meters. Every Coastal station Open to general public Serv- ice shall at all times be ready to receive messages of such Wave lengths as are required by the Berlin convention. Every ship station, except as herein- after provided, and every Coast station Open to gen- eral public service shall be prepared to use two send- ing wave lengths, one of three hundred meters and One of six hundred meters, as required by the inter- national convention in force : Provided, That the Secretary of Commerce [and Labor] may, in his dis- Cretion, Change the limit of wave length reservation made by regulations first and second to accord with any international agreement to which the United States is a party. Other Wave Lengths. Second. In addition to the normal sending Wave length all stations, except as provided hereinafter in these regulations, may use other sending Wave lengths: Provided, That they do not exceed six hundred meters Or that they do exceed. One thousand six hundred meters: Provided further, That the Character Of the Waves emitted conforms to the re- quirements of regulations third and fourth follow- ing. TJSe Of a “Pure Wave.” Third. At all stations if the sending apparatus, to be referred to hereinafter as the “transmitter,” is Of Such a character that the energy is radiated in two or more Wave lengths, more or less sharply de- fined, as indicated by a sensitive wave meter, the ener- 3 10103. (Tit. 65 TELEGRAPHS [Page 1666] gy in no one of the lesser Waves shall exceed ten per Centum Of that in the greatest. Use of a “Sharp Wave.” Fourth. At all stations the logarithmic decrement per complete Oscillation in the wave trains emitted by the transmitter shall not exceed two-tenths, ex- &ept when sending distress signals or signals and messages relating thereto. TJSe Of. “Stalndard Distress Wave.” Fifth. Every station on shipboard shall be pre- pared to Send distress calls On the normal wave length designated by the international Convention in force, except on vessels Öf small tonnage unable to have plants insuring that wave length. Signal Of Distress. Sixth. The distress call used shall be the inter- national signal of distress . . . — — — . . . Use of “Broad Interfering Wave” for - Distress Signals. Seventh. When sending distress signals, the trans- mitter of a Station on shipboard may be tuned in such a manner as to create, a maximum of interference With a maximum of radiation. Distance Requirement for Distress Signals. Eighth. Every station on shipboard, wherever prac- ticable, Shall be prepared to send distress signals of the character Specified in regulations fifth and sixth With Sufficient power to enable them to be received by day over Sea a distance of one hundred nautical miles by a Shipboard station equipped with appara- tus for both Sending and receiving equal in all es- Sential particulars to that of the station first men- tioned. “Right of Way” for Distress Signals. Ninth. All stations are required to give absolute priority to signals and radiograms relating to Ships in distress; to cease all sending on hearing a dis- tress Signal; and, except when engaged in answering or aiding the ship in distress, to refrain from sending until all Signals and radiograms relating thereto are COmpleted. Reduced Power for Ships Near a Government Station. Tenth. NO station on shipboard, when within fif- teen nautical miles of a naval or military station, shall use a transformer input exceeding one kilowatt, nor, when Within five nautical miles of such a station, a transformer input exceeding one-half kilowatt, ex- Cept for sending signals of distress, or signals or radiograms relating thereto. InterCOmmunication. Eleventh. Each shore station open to general pub- lic Service between the coast and vessels at sea shall be bound to exchange radiograms with any similar Shore Station and with any ship station without dis- tinction of the radio systems adopted by such sta- tions, respectively, and each station on shipboard shall be bound to exchange radiograms with any oth. er Station. On Shipboard without distinction of the radio Systems adopted by each station, respectively. It shall be the duty of each such shore station, dur- ing the hours it is in operation, to listen in at inter- Vals of not less than fifteen minutes and for a period not leSS than two minutes, with the receiver tuned to receive meSSages of three hundred meter wave lengths. Division of Time. Twelfth. At important seaports and at all other places where naval Or military and private or com- mercial shore stations operate in such close proxim- ity that interference with the work of naval and mil- itary stations Can not be avoided by the enforcement Wit: Of the regulations contained in the foregoing regu- lations concerning wave lengths and character Of Signals emitted, such private or commercial , shore stations as do interfere with the reception of signals by the naval and military stations concerned shall not use their transmitters during the first fifteen min- utes of each hour, local standard time. The Secre- tary Of Commerce [and Labor] may, on the recom- . mendation of the department concerned, designate the Station or stations which may be required to observe this division of time. Government Stations to Observe Divisions of Time. Thirteenth. The naval or military stations for Which the above-mentioned division of time may be established shall transmit signals or radiograms only during the first fifteen minutes of each hour, local Standard time, except in Case of signals or radio- grams relating to vessels in distress, as hereinbefore provided. Use of Unnecessary Power. Fourteenth. In all circumstances, except in case of Signals Or radiograms relating to vessels in distress, all stations shall use the minimum amount of energy necessary to Carry Out any Communication desired. General Restrictions on Private Stations. Fifteenth. No private Or Commercial station not engaged in the transaction of bona fide Commercial business by radio Communication Or in experimenta- , tion in connection with the development and manufac- ture of radio apparatus for commercial purposes shall use a transmitting wave length exceeding two hundred meters, or a transformer input exceeding one kilowatt, except by special authority of the Sec- retary Of Commerce [and Labor] contained in the license of the station: Provided, That the owner or Operator of a station of the character mentioned in this regulation shall not be liable for a violation. Of the requirements of the third or fourth regulations to the penalties of One hundred dollars or twenty- five dollars, respectively, provided in this section un- less the person maintaining or Operating such station- shall have been notified in writing that the said transmitter has been found, upon tests Conducted by the Government, to be so adjusted as to violate the said third and fourth regulations, and opportunity has been given to said owner or operator to adjust Said transmitter in Conformity with said regulationS. Special Restrictions in the Vicinities of Government Stations. Sixteenth. No Station of the character mentioned in regulation fifteenth situated within five nautical miles Of a naval or military station shall use a trans- mitting wave length exceeding two hundred meters Or a transformer input exceeding One-half kilowatt. Ship Stations to Communicate with Nearest Shore Stations. Seventeenth. In general, the shipboard stations shall transmit their radiograms to the nearest shore Station. A Sender On board a Vessel shall, however, have the right to designate the shore station through which he desires to have his radiograms transmitted. If this can not be done, the wishes of the sender are to be complied with only if the transmission can be effected without interfering with the service Of Oth- er Stations. Limitations for Future Installations in Vicinities Of Government Stations. Eighteenth. No station on shore not in actual Op- eration at the date of the passage of this Act shall be licensed for the transaction of commercial busi- ness by radio communication within fifteen nautical miles Of the following naval Or military stations, to Arlington, Virginia ; Rey West, Florida ; San Tit. 65) 3 10109 TELEGRAPHS IPage 1667] Juan, Porto Rico; North Head and Tatoosh Island, Washington; San Diego, California; and those es- tablished or which may be established in Alaska and in the Canal Zone; and the head of the depart- ment having control of such Government stations shall, so far as is consistent with the transaction of governmental business, arrange for the transmis- sion and receipt of commercial radiograms under the provisions of the Berlin convention of nineteen hundred and Six and future international Conven- tions or treaties to which the United States may be a party, at each of the stations above referred to, and shall fix the rates therefor, subject to control Of such rates by Congress. At such stations and Wherever and whenever shore stations Open for gen- eral public business between the coast and vessels at Sea under the provisions of the Berlin conven- tion of nineteen hundred and six and future inter- national conventions and treaties to which the Unit- ed States may be a party shall not be so established âS to insure a Constant service day and night With- Out interruption, and in all localities wherever, or whenever such service shall not be maintained by a commercial shore station within one hundréd nauti- cal miles of a naval radio station, the Secretary Of the Navy shall, SO far as is consistent with the trans- action of governmental business, open naval radio Stations to the general public business described above, and shall fix rates for such service, subject to Control of Such rates by Congress. The receipts from such radiograms shall be covered into the Treas- ury as miscellaneous receipts. - Secrecy of Messages. Nineteenth. No person or persons engaged in Or having knowledge of the operation of any station or stations, shall divulge or publish the contents of any messages transmitted or received by such station, ex- cept to the person or persons to whom the same may be directed, or their authorized agent, Or to another station employed to forward such message to its des- tination, unless legally required so to do by the court Of competent jurisdiction or other Competent author- ity. Any person guilty of divulging Or publishing any message, except as herein provided, shall, On Convic- tion thereof, be punishable by a fine of not more than . two hundred and fifty dollars or imprisonment for a period of not exceeding three months, or both fine and imprisonment, in the discretion. Of the COurt. Penalties. For violation of any of these regulations, subject to which a license under sections one and two of this Act may be issued, the owner of the apparatus shall be liable to a penalty of one hundred dollars, which may be reduced or remitted by the Secretary of Com- merce ſand Labor], and for repeated violations of any Of Such regulations, the license may be revoked. FOr Violation of any of these regulations, except aS provided in regulation nineteenth, subject to which a license under section three of this Act may be is- sued, the operator shall be subject to a penalty of twenty-five dollars, which may be reduced or remit- ted by the Secretary of Commerce [and Labor], and for repeated violations of any such regulations, the license shall be suspended or revoked. (Aug. 13, 1912, c. 287, § 4, 37 Stat. 304.) Words in brackets superseded by § 932. The Berlin Con- vention was an international wireless telegraph Conven- tion, which was signed at Berlin November 3, 1906, and proclaimed May 25, 1912. The provisions thereof regu- lated wireless telegraphy and may be found in 37 Stat. 1565. - § 10104. Willful or malicious interference with communication—Every license granted under the provisions of this Act for the Operation Or use of apparatus for radio communication shall prescribe that the operator thereof shall not willfully Or ma- liciously interfere with any other radio communica- tion. Such interference shall be deemed a misde- meanor, and upon conviction thereof the Owner or operator, or both, shall be punishable by a fine of not to exceed five hundred dollars or imprisonment for not to exceed one year, or both. (Aug. 13, 1912, c. 287, § 5, 37 Stat. 308.) § 10105. Radio communication, defined—The expression “radio communication” as used in this Act means any system of electrical communication by tel- egraphy or telephony without the aid of any wire con- necting the points from and at which the radiograms, signals, or other communications are sent or received. (Aug. 13, 1912, c. 287, § 6, 37 Stat. 308.) f § 10106. Uttering or transmitting false or fraudulent signals—A person, company, or corpora- tion within the jurisdiction of the United States shall not knowingly utter or transmit, or cause to be ut- tered or transmitted, any false or fraudulent distress Signal Or call or false or fraudulent signal, call, or other radiogram of any kind. The penalty for so ut- tering or transmitting a false or fraudulent distress Signal or Call shall be a fine of not more than two thousand five hundred dollars or imprisonment for not more than five years, or both, in the discretion of the Court, for each and every such offense, and the penalty for so uttering or transmitting, or causing to be uttered or transmitted, any other false or fraudulent signal, gall, or other radiogram shall be a fine Of not more than one thousand dollars or im- prisonment for not more than two years, or both, in the discretion of the court, for each and every such Offense. (Aug. 13, 1912, c. 287, § 7, 37 Stat. 308.) § 10.107. Restriction of use on foreign ships- A person, company, or Corporation shall not use or Operate any apparatus for radio communication on a foreign ship in territorial waters of the United States Otherwise than in accordance with the provisions of Sections four and seven of this Act and so much of Section five as imposes a penalty for interference. Save as aforesaid, nothing in this Act shall apply to apparatus for radio communication on any foreign ship. (Aug. 13, 1912, c. 287, § 8, 37 Stat. 308.) Sections 4 and 7 of this act are $$ 10103, 10106. § 10108. Jurisdiction of offenses—The trial of any Offense under this Act shall be in the district in Which it is Committed, Or if the Offense is committed upon the high seas or out of the jurisdiction of any particular State or district the trial shall be in the district Where the Offender may be found Or into which he shall be first brought. (Aug. 13, 1912, c. 287, § 9, 37 Stat. 308.) § 10109. Inapplicability to Philippines—This Act shall not apply to the Philippine Islands. (Aug. 13, 1912, c. 287, § 10, 37 Stat. 308.) TITLE LXVI—EXTRADITION Sec. 10110. 10111. 101.12. 101.13. 101.14. 101.15, 10116. 101.17. 10118. 101.19. 101.20. 10121. 101.22. 101.23. 10.124. 101.25. 101.26. 10127. 10128. 10129. § 10110. Fugitives from foreign country, or a country under the control of United States- Whenever there is a treaty or convention for extra- dition between the Government of the United States and any foreign government, any justice of the Su- preme Court, circuit judge, district judge, COmmis- sioner, authorized so to do by any of the Courts Of the United States, or judge of a court of record of general jurisdiction of any State, may, upon Com- plaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the Crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, Or Com- missioner, to the end that the evidence of Criminality may be heard and considered. ff, on such hearing, he deems the evidence sufficient to sustain the Charge under the provisions of the proper treaty Or Conven- tion, he shall certify the same, together with a copy of all the testimony taken before him, to the Secre- tary of State, that a warrant may issue upon the req- uisition of the proper authorities of such foreign gov- ernment, for the surrender of such person, accord- ing to the stipulations of the treaty or convention ; and he shall issue his warrant for the commitment Of the person so charged to the proper jail, there to remain until such surrender shall be made: ProVid- ed., That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who shall Violate, or who has violated, the criminal laws in force there- in, by the commission of any of the following Offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, Or utter- ing or bringing into circulation counterfeit or alter- ed money; counterfeiting certificates or Coupons Of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malver- sation of the public funds, committed by public of ficers, employees, or depositaries ; larceny Or em- bezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony there- in ; the act of entering, or of breaking and entering the Offices Of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with Fugitives from foreign country, or a country under the control of United States. Evidence on hearing. Place and character of the hearing. Fees of commissioners. Witnesses for indigent defendants. Payment of fees and costs. Evidence on the hearing. How fees and costs paid; and Secretary of State. Surrender of fugitive. Time allowed for extradition. Continuance of provisions limited. Protection of accused. Agent receiving offenders delivered by foreign govern- ment; powerS. Same; penalty for opposing. Delivery of fugitives as between foreign country and Philippines. - Allowing eSCape. Fugitives from State or Territory. Penalty for resisting agent. Fugitives from of Philippines. [Repealed.] duties of Attornez-General the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high Seas, On board a ship owned by or in control of citizens Or residentS of such foreign country or territory and not under the flag of the United States, or of some other gov- ernment; malicious destruction of or attempt to de- stroy railways, trams, vessels, bridges, dwellings, pub- lic edifices, or other buildings, when the act endan- gers human life, and who shall depart or flee, or Who has departed or fled, from justice therein to the Unit- ed States, any Territory thereof or to the District of Columbia, shall, when found therein, be liable to ar- rest and detention by the authorities of the United States, and on the written request or requisition Of the military governor or other chief executive Officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to Such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections fifty-two hundred and sev- enty to fifty-two hundred and seventy-seven of this title, so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the Courts of the United States Only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, That no return Or Surrender Shall be made Of any person Charged with the Commission of any Offense of a political nature. If SO held such person shall be returned and Surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and Such authorities shall secure to such a person a fair and impartial trial. (R. S. § 5270, amended, June 6, 1900, c. 793, 31 Stat. 656.) R. S. §§ 5270–5277, are $$ 10118-10123. 10124, 10.125. - § 10111. Evidence on hearing—In every case of complaint, and of a hearing upon the return of the warrant of arrest, copies of the depositions upon which an original warrant in any foreign country may have been granted, certified under the hand of the person issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so appre- hended, if they are authenticated in Such manner as would entitle them to be received for similar pur- poses by the tribunals of the foreign country from which the accused party escaped. The Certificate of the principal diplomatic Or consular Officer of the United States resident in such foreign country shall be proof that any paper or other document SO Offer- ed is authenticated in the manner required by this section. (R. S. § 5271.) § 101.12. Place and character of the hearing —All hearings in cases of extradition under treaty stipulation Or Convention shall be held on land, pub- licly, and in a room or office easily accessible to the public. (Aug. 3, 1882, c. 378, § 1, 22 Stat. 215.) § 101.13. Fees of commissioners—The following shall be the fees paid to Commissioners in cases of extradition under treaty stipulation Or Convention be- tween the Government Of the United States and any foreign government, and no other fees or compensa- tion shall be allowed to or received by them: For administering an Oath, ten CentS. For taking an acknowledgment, twenty-five cents. For taking and certifying depositions to file, twen- ty cents for each folio. For each copy of the same furnished to a party on request, ten Cents for each folio. See §§ 1674, 101.17, IPage 1668] Tit. 66) ź 10122 ExTRADITION IPage 1669] . For issuing any warrant or writ, and for any other service, the same compensation as is allowed clerks for like Services. For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime Or offense as set forth in said article, two dollars. For issuing ally warrant under the provision of the convention for the Surrender of Criminals between the United States and the King of the French con- cluded at Washington November ninth, eighteen hun- dred and forty-three, two dollars. For hearing and deciding upon the case of any per- SOn Charged with any crime or offense, and arrested under the provisions of any treaty or convention, five dollars a day for the time necessarily employed. (Aug. 3, 1882, c. 378, § 2, 22 Stat. 215.) This section may be regarded as superseded by § 1451, which as to compensation in extradition cases re-enacted R. S. § 847. § 101.14. Witnesses for indigent defendants— On the hearing of any case under a claim of extradi- tion by any foreign government, upon affidavit being filed by the person charged setting forth that there are Witnesses whose evidence is material to his de- fense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is ac- tutully unable to pay the fees Of Such witnesses, the judge or commissioner before Whom such claim for eXtradition is heard may order that such witnesses be subpoenaed; and in such cases the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner that similar fees are paid in the Case of witnesses subpoenaed in behalf of the United States. (Aug. 3, 1882, c. 378, § 3, 22 Stat. 215.) See §§ 1452, 1461. § 101.15. Payment of fees and costs—All wit- ness fees and costs of every nature in Cases Of eX- tradition, including the fees of the commissioner, shall be certified by the judge or commissioner be- fore whom the hearing shall take place to the Secre- tary of State of the United States, who is hereby authorized to allow the payment thereof Out Of the appropriation to defray the expenses of the judiciary; and the Secretary Of State shall cause the amount Of Said fees and costs SO allowed to be reimbursed to the Government of the United States by the for- eign government by whom the proceedings for extra- dition may have been instituted. (Aug. 3, 1882, c. 378, § 4, 22 Stat. 216.) See § 101.17. º § 10116. Evidence on the hearing—In all cases Where any depositions, Warrants, or Other papers or copies thereof shall be offered in evidence upon the hearing of any extradition case under Title sixty- six of the Revised Statutes of the United States, Such depositions, warrants, and Other papers, or the copies thereof, shall be received and admitted as evidence on such hearing for all the purposes of Such hearing if they shall be properly and legally au- thenticated SO as to entitle them to be received for Similar purposes by the tribunals of the foreign Coun- try from which the accused party shall have es- caped, and the certificate of the principal diplomatic Or COnsular Officer of the United States resident in Such foreign country shall be proof that any deposi- tion, warrant or other paper or copies thereof, so of- fered, are authenticated in the manner required by this act. (Aug. 3, 1882, c. 378, § 5, 22 Stat. 216.) See § 10111. § 101 17. How fees and costs paid; duties of Attorney-General and Secretary of State—From and after June thirtieth, nineteen hundred and three, all the fees and Costs in extradition cases shall be paid Out Of the appropriations to defray the expens- eS Of the judiciary, and the Attorney-General Shall Certify to the Secretary of State the amounts to be p paid to the United States On account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State Shall Cause said amounts to be Collected and trans- mitted to the Attorney-General for deposit in the Treasury of the United States. (June 28, 1902, C. 1301, § 1, 32 Stat. 475.) See § 101.15. § 10118. Surrender of fugitive—It shall be law- ful for the Secretary of State, under his hand and Seal of office, to Order the person so committed to be delivered to such person as shall be authorized, in the name and On behalf of such foreign govern- ment, to be tried for the crime of which such perSOn shall be so accused, and such person shall be de- livered up accordingly; and it shall be lawful for the perSOn SO authorized to hold Such person in Custody, and to take him to the territory Of Such foreign government, pursuant to such treaty. If the person SO accused shall escape Out Of any Custody to which he shall be committed, or to which he shall be de- livered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall SO escape, may be retaken on an escape. (R. S. § 5272.) See §§ 10308, 10309. § 101.19. Time allowed for extradition—When- ever any person who is committed under this Title or any treaty, to remain until delivered up in pur- suance of a requisition, is not so delivered up and conveyed out of the United States within two calen- dar months after Such commitment, Over and above the time actually required to convey the prisoner from the jail to which he was committed, by the read- iest way, out of the United States, it shall be law- ful for any judge of the United States, or of any State, upon application made to him by or on be- half of the person so committed, and upon proof made to him that reasonable notice Of the 'intention to make Such application has been given to the Sec- retary of State, to Order the person so committed to be discharged out of custody, unless sufficient cause is shown to Such judge Why Such discharge ought not to be ordered. (R. S. § 5273.) § 101.20. Continuance of provisions limited- The provisions of this Title relating to the surren- der of persons who have committed crimes in for- eign countries shall continue in force during the existence of any treaty of extradition with any for- eign government, and no longer. (R. S. § 5274.) § 10121. Protection of accused—Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime Of Which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping Of Such a CCuSed person, and for his security against lawless violence, until the final conclusion of his trial for the Crimes or offenses specified in the Warrant of extradition, and until his final discharge from custody Or im- prisonment for or on account of Such crimes or of fenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. (R. S. § 5275.) § 101.22. Agent receiving offenders delivered by foreign government; powers—Any person duly appointed as agent to receive, in behalf of the United States, the delivery, by a foreign government, Of any person accused of crime committed within the jurisdiction of the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the Several districts through which it may be necessary for him to pass with such prisoner, so far as such power is & 101.23 EXTRADITION (Tit. 66 - [Page 1679] - requisite for the prisoner's safe-keeping. (R. S. § 5276.) - - § 101.23. Same; penalty for opposing—Every person who knowingly and willfully obstructs, re- sists, or opposes such agent in the execution of his duties, or who rescues or attempts to rescue such prisoner, Whether in the Custody Of the agent Or. Of any Officer or person to whom his custody has law- fully been committed, shall be punishable by a fine Of not more than one thousand dollars, and by im- gºment for not more than one year. (R. S. § 277.) . - § 101.24. Delivery of fugitives as between for- eign country and Philippines—The provisions of sections fifty-two hundred and seventy, fifty-two hun- dred and seventy-one, fifty-two hundred and seventy- two, fifty-two hundred and seventy-three, fifty-two hundred and seventy-four, fifty-two hundred and seventy-five, fifty-two hundred and seventy-six, and fifty-two hundred and seventy-seven of the Revised Statutes (as amended by the Act approved August third, eighteen hundred and eighty-two), so far as applicable, shall apply to the Philippine Islands for the arrest and removal ºtherefrom of any fugitives from "justice charged with the commission within the jurisdiction of any foreign government of any of the crimes provided for by treaty between the United States and such foreign nation, and for the delivery by a foreign government of any person ac- cused of crime committed within the jurisdiction of the Philippine Islands. Such fugitive from justice of a foreign country may, upon warrant duly issued by any judge or magistrate of the Philippine Islands, and agreeably to the usual mode of process against Offenders therein, be arrested and brought before such judge or magistrate, who shall proceed in the matter in accordance with the provisions Of the Re- vised Statutes hereby made applicable to the Philip- pine Islands: Provided, That for the purposes of this section the order or warrant for delivery of a person, committed for extradition prescribed by Section fifty-two hundred and seventy-two Of the Re- vised Statutes shall be issued by the governor of the Philippine Islands under his hand and Seal of office, and not by the Secretary of State. (Feb. 6, 1905, c. 454, § 1, 33 Stat. 698.) . . - * , R. S. §§ 5270–5277, are $$ 10110, 10111, 10118-10123. - § 101.25. Allowing escape—The provisions of sec- tions fifty-four hundred and nine and fifty-four hun- dred and ten of the Revised Statutes, are hereby made applicable to proceedings in extradition from the Philippine Islands, either to the United States under an Act entitled “An Act to provide for the re- moval Of persons accused of crime to and from the Philippine Islands for trial,” approved February ninth, nineteen hundred and three, or to foreign Countries under the provisions of this Act. (Feb. 6, 1905, c. 454, § 2, 33 Stat. 698.) - R. S. §§ 5409, 5410, are $$ 10308, 10309, and Act Feb. 9, 1903, c. 529, § 2, is $ 10128. - - - § 101.26. Fugitives from State or Territory— Whenever the executive authority of any State or Territory demands any person as a fugitive from jus- tice, of the executive authority of any State or Ter- ritory to which such person has fied, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charg— ing the person demanded with having committed trea- Son, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to 'Cause notice of the arrest to be given to the execu- tive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to 'Cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears with- in six months from the time Of the arrest, the pris- oner may be discharged. All costs or expenses in- Curred in the apprehending, Securing, and transmit- ting such fugitive to the State or Territory making such demand, shall be paid by such State or Terri- tory. (R. S. § 5278.) ' ', - See § 10128. . . - r . § 10127. Penalty fo resisting agent—Any agent so appointed who receives the fugitive into his custody shall be empowered to transport him to the State or Territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year. (R. S. § 5279.) See § 10128. - - " . . . : § 10128. Fugitives from of Philippines—The provisions Of Sections fifty-two hundred and seventy- eight and fifty-two hundred and seventy-nine of the Revised Statutes, so far as applicable, shall apply to the Philippine Islands, which, for the purposes of said sections, shall be deemed a Territory within the meaning thereof. (Feb. 9, 1903, c. 529, § 2, 32 Stat. 807.) - R. S. §§, 5278-5279, are $$ 10126, 10127. See § 10125. § 10129. [Repealed.] . - This section contained R. S. § 5280, which read as fol- IOWs: - $: “On application of a consul or vice-consul of any for- eign government having a treaty with the United States stipulating for the restoration of seamen deserting, made in writing, stating that the person therein named has de- serted from a vessel of any such government, while in any port of the United States, and on proof by the ex- hibition of the register of the vessel, ship’s roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having Competent pow- er, to issue warrants to cause such person to be arrested for examination. If on examination, the facts stated, are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or vice-consul, shall be detained until the con- sul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person So arrested shall be detained more than two months after his arrest ; but at the end of that time shall be set at lib- erty, and shall not be again molešted for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced , its sentence, and such sentence shall have been carried into effect.” It was repealed, to take effect upon the termination of provisions of treaties, etc., for arrest, or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign countries, and for co- operation, etc., of legal authorities in effecting such ar- rest or imprisonment, pursuant to notice of Such termina- tion, by Act March 4, 1915, c. 153, §§ 16-18 (§§ 8382a–8382c). TITLE LXVII—NEUTRALITY This Title of the Revised statutes included sections 5281- 5291 thereof. The provisions contained therein were in- corporated in the Criminal Code, in chapters 2 and 12, §§ 9–18, 303, thereof (§§ 10173–10182, 10476), and were repealed by section 341 of said Code (§ 10515). - (R. S. §§ 5281–5291. Repealed.) TITLE LXVIII—REMISSION OF FINES, PENALTIES, AND FORFEITURES r Sec. 10130. On summary investigation before district judge. 10131. On investigation under regulations of Secretary of Treasury. / 10132. Petition to court for relief by persons charged with violation of customs-revenue laws; summary hear- ing; notice to district attorney and collector. 10133. Hearing; evidence; transmission to Secretary of Treasury. º 10134. Applicants to Secretary of Treasury to notify district attorney and collector; duty of district attorney and Collector. 10.135. Penalties, under laws relating to vessels; informers’ rights; manner of ascertaining facts. 10136. Refunding of penalties under laws relating to vessels OT Sea Iſle Il. Officers and informers as witnesses. Discharge of indigent convicts. 10137. 10.138. § 10130. On summary investigation before district judge—Whenever any person who shall have incurred any fine, penalty, or forfeiture, or dis- ability, Or may be interested in any vessel or mer- Chandise which has become subject to any seizure, forfeiture, or disability by authority of any provi- Sions of law for imposing or collecting any duties Or taxes, Or relating to registering, recording, en- rolling, or licensing vessels, and for regulating the Same, Or providing for the Suppression of insurrec- tions Or unlawful Combinations against the United States, shall prefer his petition to the judge of the district in which such fine, penalty, or forfeiture, or disability has accrued, truly and particularly set- ting forth the circumstances of his case, and shall pray that the same may be mitigated or remitted, the judge shall inquire, in a summary manner, into the Circumstances of the case ; first causing reasonable notice to be given to the person claiming such fine, penalty, or forfeiture, and to the attorney Of the |United States for such district, that each may have an Opportunity of showing cause against the mitiga- tion or remission thereof; and shall Cause the facts appearing upon Such inquiry to be stated and an- nexed to the petition, and direct their transmission to the Secretary of the Treasury. The Secretary shall thereupon have power to mitigate Or remit such fine, forfeiture, or penalty, or remove such disability, or any part thereof, if, in his Opinion, the same was in- curred without willful negligence, or any intention of fraud in the person incurring the same; and to di- rect the prosecution, if any has been instituted for the recovery thereof, to cease and be discontinued, upon Such terms or COnditions as he may deem rea- sonable and just. (R. S. § 5292, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.) - See §§ 6375, 6377, 6378. § 10131. On investigation under regulations of Secretary of Treasury—The Secretary of the Treasury is authorized to prescribe such rules and modes of proceeding to ascertain the facts upon which an application for remission of a fine, penalty, Or forfeiture is founded, as he deems proper, and, up- On ascertaining them, to remit the fine, penalty, or forfeiture, if in his opinion it was incurred without Willful negligence or fraud, in either of the follow- ing cases: First. If the fine, penalty, or forfeiture was imposed under authority of any revenue law, and the amount does not exceed one thousand dollars. Second. Where the case occurred within either of the Collection-districts in the States of California or Oregon. w Third. If the fine, penalty, or forfeiture was im- posed under authority of any provisions of law re- lating to the importation of merchandise from foreign COntiguous territory, or relating to manifests for ves- Sels enrolled or licensed to carry on the coasting- trade On the northern, northeastern, and northwest- ern frontiers. FOUIrth. - Fifth. If the fine, penalty, or forfeiture was im- posed by authority of any provisions of law for levy- ing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the Case arose within the collection-district of Alaska, or was imposed by virtue of any provisions Of law relating to fur-seals upon the islands of Saint T’aul and Saint George. (R. S. § 5293, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 253.) - See §§ 601, 5781. § 10132. Petition to court for relief by per- sons charged with violation of customs–revenue laws; summary hearing; notice to district attor- ney and collector—Whenever, for an alleged viola- tion Of the Customs-revenue laws, any person who shall be charged with having incurred any fine, pen- alty, forfeiture, or disability other than imprison- ment, Or Shall be interested in any vessel Or mer- chandise seized or subject to seizure, when the ap- praised Value of such vessel or merchandise is not less than One thousand dollars, shall present his pe- tition to the judge of the district in which the alleged violation occurred, or in which the property is situat- ed, Setting forth, truly, and particularly, the facts and Circumstances of the case, and praying for relief, such judge shall, if the case, in his judgment, requires, proceed to inquire, in a summary manner into the cir- cumstances of the case, at such reasonable time as may be fixed by him for that purpose, of which the district attorney and the collector shall be notified by the petitioner, in Order that they may attend and show cause why the petition should be refused. (June 22, 1874, c. 391, § 17, 18 Stat. 189.) § 10133. Hearing; evidence; transmission to Secretary of Treasury—The summary investigation hereby provided for may be held before the judge to whom the petition is presented, Or if he shall SO di- rect, before any United States Commissioner for such district, and the facts appearing thereon shall be Stated and annexed to the petition, and, together with a Certified COpy Of the evidence, transmitted to the Secretary of the Treasury, who shall thereupon have power to mitigate or remit Such fine, penalty, Or for- feiture, or remove such disability, or any part there- Of, if, in his opinion, the same shall have been incur- red without willful negligence Or any intention of fraud in the person or persons incurring the same, and to direct the prosecution, if any shall have been instituted, for the recovery thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. (June 22, 1874, C. 391, § 18, 18 Stat. 190.) § 10134. Applicants to Secretary of Treasury to notify district attorney and collector; duty of district attorney and collector—Whenever any ap- plication shall be made to the Secretary of the Treas- . ury for the mitigation or remission of any fine, penal- ty, or forfeiture, or the refund of any duties, in case the amount involved is not less than One thousand dol- lars, the applicant shall notify the district attorney and the collector of customs Of the district in Which the duties, fine, penalty, Or forfeiture accrued; and it shall be the duty Of Such Collector and district at- torney to furnish to the Secretary of the Treasury all practicable information necessary to enable him to protect the interests of the United States. (June 22, 1874, c. 391, § 20, 18 Stat. 190.) - § 101.35. Penalties under laws relating to ves-- sels; informers’ rights; manner of ascertaining facts—The Secretary of the Treasury may, upon ap- plication therefor, remit or mitigate any fine, penalty, IPage 16711 § 10185 (Tit. 68 REMISSION OF FINES, PENALTIES, AND FORFEITURES - [Page 1672I or forfeiture provided for in laws relating to vessels Or discontinue any prosecution to recover penalties Or relating to forfeitures denounced in such laws, ex- Cepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, Shall think proper; and all rights granted to inform- erS by such laws shall be held Subject to the Secre- tary’s powers of remission, except in cases where the Claims of any informer to the share of any penalty Shall have been determined by a court of competent jurisdiction prior to the application for the remission Of the penalty or forfeiture; and the Secretary shall have authority to ascertain the facts upon all such applications in Such manner and under Such regula- tions as he may deem proper. (R. S. § 5294, amend- ed, Dec. 15, 1894, c. 7, 28 Stat. 595, and March 2, 1896, c. 37, 29 Stat. 39.) - See §§ 8126, 9956. § 10136. Refunding of penalties under laws relating to vessels or seamen—Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any Collector of customs or consular Officer, and application has been made within One year from Such payment for the refunding or remission of the same, the Secretary of the Treasury, if on investigation he finds that such fine, penalty, forfeiture, exaction, or Charge was illegally, improperly, or excessively im- posed, shall have the power, either before or after the same has been covered into the Treasury, to refund So much of such fine, penalty, forfeiture, exaction, or Charge as he may think proper, from any moneys in the Treasury not otherwise appropriated. (June 26, 1884, c. 121, § 26, 23 Stat. 59.) - § 10137. Officers and informers as witnesses— Any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture in- Curred under any law Of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by ei- ther of the parties thereto, and Such examination shall not deprive such witness of his share or interest in such fine, penalty, or forfeiture. (R. S. § 5295.) § 101.38. Discharge of indigent convicts- When a poor convict, sentenced by any court of the United States to be imprisoned and pay a fine, or fine and cost, or to pay a fine, or fine and costs, has been confined in prison thirty days, solely for the non-pay- ment of such fine, or fine and costs, such convict may make application in writing to any Commissioner of the United States court in the district where he is imprisoned setting forth his inability to pay Such fine, or fine and costs, and after notice to the district attor- ney of the United States, who may appear, Offer evi- dence, and be heard, the commissioner shall proceed to hear and determine the matter. If on examination it shall appear to him that such convict is unable to pay such fine, or fine and costs, and that he has not any property exceeding twenty dollars in Value, ex- cept such as is by law exempt from being taken On execution for debt, the commissioner shall administer to him the following oath: “I do solemnly SWear that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil process for debt by the laws of (naming the State where oath is adminis- tered ;) and that I have no property in any way con- veyed or concealed, or in any way disposed of, for my future use or benefit. So help me God.” Upon taking such oath such convict shall be discharged ; and the commissioner shall give to the keeper Of the jail a certificate setting forth the facts. (R. S. § 5296.) See § 1706. * TITLE LXIX—INSURRECTION - Sec. 10.139. 101.40. 101.41. 10142. 101.43. 10144. 101.45. 101.46. 10147. 10148. 10149. 10150. 10151. 10152. 10153. 10154. 10155. 10156. 10157. 10158. 10159. 10160. 10161. 10162. Against State government. Against Government of the United States. In violation of civil rights; power to suppress. Proclamation to disperse. Suspension of commercial intercourse. Same; in loyal States. To whom prohibition shall extend. Commercial intercourse, to what extent permitted. Appointment and compensation of officers. Trading without license. - Investigations to detect frauds. Confiscation of property employed to aid insurrection. Proceedings, where had. Property taken on inland waters. How proceedings shall be instituted. Prohibition; transportation of goods to aid insurrec- tion. Same; trade in captured or abandoned property. Change of port of entry. Removal of custom-house. Enforcement of preceding sections. Entire district closed to entry. Vessels, in addition to revenue-cutters, may be em- ployed. Forfeiture of vessels - belonging to citizens of insurrec- tionary States. . Refusal of clearance to vessels laden with suspected merchandise. 10163. Bond clearance. 10164, Liens on condemned vessels. § 101.39. Against State government—In case of an insurrection in any State against the government thereof, it shall be lawful for the President, on appli- cation of the legislature of Such State, or of the execu- tive, when the legislature cannot be convened, to call forth Such number of the militia of any other State or States, which may be applied for, as he deems Suf- ficient to suppress such insurrection ; or, On like ap- plication, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. (R. S. § 5297.) § 10140. Against Government of the United States--Whenever, by reason of unlawful Obstruc- tions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ Such parts of the land and naval forces of the United States as he may deem necessary to enforce the faith- ful execution of the laws of the United States, Or to suppress such rebellion, in whatever State or Terri- tory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. (R. S. § 5298.) § 101.41. In violation of civil rights; power to suppress—Whenever insurrection, domestic Vio- lence, unlawful combinations, or Conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any Of the rights, privileges, or immunities, or protection, named in the Constitution and Secured by the laws for the protection of such rights, privileges, Or im- munities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in Such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States : and in all such cases, or whenever any Such in Sur- rection, violence, unlawful combination, or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the mili- Tit. 69) Ž 10149 INSURRECTION [Page 1673] tia or the land and naval forces of the United States, or of either, or by other means, as he may deem nec- essary, for the suppression of Such insurrection, do- mestic violence, or combinations. (R. S. § 5299.) See § 1992. § 10142. Proclamation to disperse—Whenever, in the judgment of the President, it becomes neces- sary to use the military forces under this Title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. (R. S. $ 5300.) § 10148. Suspension of commercial inter- course—Whenever the President, in pursuance Of the provisions of this Title, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly ex- ecuted, and the insurgents shall have failed to dis- perse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed Or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which Such combination exists, and such insurrection is not suppressed by such State Or States, or whenever the inhabitants of any State or part thereof are at any time found by the Presi- dent to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States ; and there- upon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest Of the United States Shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the TJnited States. (R. S. $ 5301.) § 10144. Same; in loyal States—Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commer- Cial interCOurse therein and there with Shall be Sub- ject to the prohibitions and conditions of the pre- ceding Section for such time and to Such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. (R. S. § 53.02.) § 101.45. To whom prohibition shall extend —The provisions of this Title in relation to commer- Cial intercourse shall apply to all commercial inter- Course by and between persons residing or being with- in districts within the lines of national military oc- cupation in the States or parts of States declared in insurrection, whether with each other or with per- sons residing or being within districts declared in insurrection and not within those lines; and all per- sons within the United States, not native or nat- uralized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with in- habitants of States or parts of States declared in insurrection, as Citizens Of States not declared to be in insurrection. (R. S. $ 5303.) § 101.46. Commercial intercourse, to what extent permitted—The President may, in his dis- Cretion, license and permit Commercial intercourse with any part of such State or section, the inhabi- tantS Of which are SO declared in a state of insurrec- tion, So far as may be necessary to authorize supply- ing the necessities of loyal persons residing in in- surrectionary States, within the lines of actual oc- cupation by the military forces of the United States, r as indicated by published order of the commanding general of the department or district so occupied ; and, also, so far as may be necessary to authorize persons residing within Such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be es- tablished under proper authority. And no goods, wares, or merchandise shall be taken into a State de- clared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer desig- nated by the Secretary of the Treasury for that pur- pose. Such commercial intercourse shall be in Such articles and for Such time and by Such perSons as the President, in his discretion, may think most Con- ducive to the public interest ; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. (R. S. $ 5304.) § 10147. Appointment and compensation of officers—The Secretary of the Treasury may appoint such officers at places where officers of the customs are not now authorized by law as may be needed to Carry into effect such licenses, rules, and regulations. In all cases where officers of the customs, or other salaried officers, are appointed by him to carry into effect such licenses, rules, and regulations, such officer Shall be entitled to receive One thousand dollarS a year for his services, in addition to his salary Or compensation under any other law. But the aggre- gate compensation of any Such officer shall not exceed the sum of five thousand dollars in any One year. (R. S. § 53.05.) § 10148. Trading without license—Every Of- ficer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other perSon, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursu- ance of license and authority of the President, as pro- vided in this Title, or who makes any false state- ment or representation upon which license and au- thority is granted for such transportation, sale, or Other disposition, or who, under any license Or au- thority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so li- censed and authorized, or who willfully and knowing- ly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such li- cense or authority, or of any rule or regulation pre- Scribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any Court, civil or military, Competent to try the same. (R. S. $ 5306.) § 10149. Investigations to detect frauds—It Shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and Of States in insurrection. And the agents making Such investigations shall have power to compel the at- tendance of Witnesses, and to make examinations On oath. (R. S. $ 5307.) - See § 265, - & 10150 (Tit. 69 INSTJ RIRECTION [Page 1674I § 10150. Confiscation of property employed to aid insurrection—Whenever during any insurrec- tion against the Government of the United States, after the President shall have declared by proclama- tion that the laws of the United States are opposed, and the execution thereof obstructed, by combina- tions too powerful to be suppressed by the Ordinary Course of judicial proceedings, or by the power wested in the marshals by law, any person, or his agent, at- torney, Or elmploye, purchases or acquires, sells or gives, any property of whatsoever kind or descrip- tion, With intent to use or employ the same, or suf- fers the same to be used or employed in aiding, abet- ting, or promoting such insurrection or resistance to the laws, Or any person engaged therein ; or being the Owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found ; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned. (R. S. § 53.08.) § 10151. Proceedings, where had—Such prizes and capture shall be condemned in the district [or cir- Cuit] court of the United States having jurisdiction Of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted. (R. S. $ 5309, amended, Feb. 27, 1877, c. 69, § 1, 19 Stat. 253.) - Words in brackets superseded by §§ 1266–1268. § 10152. Property taken on inland waters— No property seized or taken upon any of the inland waters of the United States by the naval forces there- of shall be regarded as maritime prize ; but all prop- erty SO Seized Or taken shall be promptly delivered to the proper officers of the courts. (R. S. § 5310.) § 10153. How proceedings shall be instituted —The Attorney-General, or the attorney of the United States for any judicial district in which such proper- ty may at the time be, may institute the proceedings of condemnation, and in Such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. (R. S. § 531.1.) - § 10154. Prohibition; upon transportation of goods to aid insurrection—The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the pos- session or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further author- ized, in all cases where he deems it expedient so to do, to require reasonable Security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any Way, be used to give aid or comfort to such insurgents; and he may establish all such general or Special regula- tions as may be necessary or proper to carry into effect the purposes of this section; and if any proper- ty is transported in violation of this act, or of any regulation of the Secretary Of the Treasury, establish- ed in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited. (R. S. § 5312.) § 101.55. Same; trade in captured or aban- doned property—All persons in the military or naval service of the United States are prohibited from buy- ing or selling, trading, or in any way dealing in cap- tured or abandoned property, whereby they shall re- ceive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them ; and it shall be the duty Of such person. Whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this Title, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dol- lars, and imprisoned in the penitentiary"not In OI’6” than three years. Violations of this section shall be Cognizable before any Court, Civil or military, compe- tent to try the same. (R. S. § 5313.) - - § 10156. Change of port of entry—Whenever the President shall deem it impracticable, by reaSOIl Of unlawful combinations of persons in opposition to the laws of the United States, to collect the duties on imports in the Ordinary way, at any port of entry in any collection-district, he may cause such duties to be collected at any port of delivery in the district until Such Obstruction ceases; in Such case the Sur- veyor at such port of delivery shall have the powers and be subject to all the obligations of a Collector at a port of entry. The Secretary of the Treasury, with the approval of the President, shall also appoint Such weighers, gaugers, measurers, inspectors, appraisers, and clerks, as he may deem necessary, for the faith- ful execution of the revenue laws at such port Of de- livery, and shall establish the limits within which such port of delivery is constituted a port of entry. And all the provisions of law regulating the issue of marine papers, the coasting-trade, the warehousing of imports, and the Collection of duties, shall apply to the ports of entry thus Constituted, in the same manner as they do to ports of entry established by law. (R. S. § 5314.) § 10157. Removal of custom-house—Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in the pre- ceding section, by reason of the cause mentioned therein, he may direct that the custom-house for the district be established in any secure place Within the district, either on land or on board any vessel in the district, or at sea near the coast; and in such case the collector shall reside at such place, or On Ship- board, as the case may be, and there detain all vessels and cargoes arriving within or approaching the dis- trict, until the duties imposed by law on Such vessels and their cargoes are paid in cash. But if the OWner or consignee of the cargo on board any Vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no Such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a Written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement Oll. shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judge ment may be necessary and practicable. (R. S. § 5315.) $ 10158. Enforcement of preceding sections- It shall be unlawful to take any vessel or Cargo de- tained under the preceding section from the Custody of the proper officers of the customs, unless by pro- cess of some court of the United States; and in Case of any attempt otherwise to take such vessel or Cargo by any force, or combination, or assemblage of per- sons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ Such Tit. 69) 3 10164 INSURRECTION IPage 1675I part of the Army or Navy or militia of the United States, or Such force of citizen volunteers as may be necessary, to prevent the removal Of Such vessel Or Cargo, and to protect the Officers of the customs in re- taining the custody thereof. (R. S. § 5316.) § 10159. Entire district closed to entry— Whenever, in any collection-district, the duties on im- ports Cannot, in the judgment of the President, be Collected in the ordinary way, nor in the manner provided by the three preceding sections, by reason Of the Cause mentioned in section fifty-three hundred and fourteen, the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right Of importation, warehousing, and other privi- leges incident to ports of entry shall cease and be dis- Continued at such port so closed until it is opened by the Order of the President on the cessation of such Obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, Which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. (R. S. § 5317.) $ 10160. Vessels, in addition to revenue-cut- ters, may be employed—In the execution of laws providing for the Collection of duties on imports and tonnage, the President, in addition to the revenue-cut- ters in Service, may employ in aid thereof such other suitable vessels as may, in his judgment, be required. (R. S. § 5318.) § 10161. Forfeiture of vessels belonging to citizens of insurrectionary States—From and after fifteen days after the issuing of the proclamation, as provided in section fifty-three hundred and one, any Vessel belonging in whole or in part to any citizen or inhabitant Of Such State or part of a State whose in- habitants are so declared in a state of insurrection, found at Sea, or in any port of the rest of the United States, shall be forfeited. (R. S. § 5319.) § 10162. Refusal of clearance to vessels laden with suspected merchandise—The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehi-‘le laden with merchandise, des- tined for a foreign or domestic port, whenever he shall have Satisfactory reason to believe that such merchan- dise, or any part thereof, whatever may be its osten- Sible destination, is intended for ports in possession or Under Control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, Or by his Order, Shall depart Or attempt to depart for a foreign or domestic port without being duly cleared Or permitted, such Vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. (R. S. § 5320.) § 10163. Bond on clearance—Whenever a per- mit or clearance is granted for either a foreign Or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it neces- Sary, under the circumstances of the case, to require a bond to be executed by the master or the owner Of the vessel, in a penalty equal to the value of the Cargo, and with sureties to the satisfaction of Such Collec- tor, that the cargo shall be delivered at the destina- tion for which it is cleared or permitted, and that no part thereof shall be used in affording aid Or COm- fort to any person or parties in insurrection against the authority of the United States. (R. S. § 5321.) § 10164. Liens on condemned vessels–In -all cases wherein any vessel, or other property, is Con- demned in any proceeding by virtue of any laws relat- ing to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding Such Condemnation, and before awarding such vessel, Or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the pay- ment, Out Of the proceeds of such vessel, or Other prop- erty, Of any bona-fide claims which shall be filed by any loyal citizen of the United States, or of any for- eign state or power at peace and amity with the Unit- ed States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such vessel, or other property, under the laws Of the United States or of any State thereof not declar- ed to be in insurrection. NO Such claim Shall be al- lowed in any case where the claimant has knowingly participated in the illegal use of such ship, Vessel, or Other property. This section shall extend to such Claims Only as might have been enforced Specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. (R. S. § 5322.) TITLE LXIX A–THE CRIMINAL CODE CRIMES Chap. Sec. 1. Offenses against the existence of the Govern- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... 101.65 2. Offenses against neutrality. . . . . . . . . . . . . . . . . . . . . 10173 3. Offenses against the elective franchise and civil rights of citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10183 4. Offenses against the operations of the Govern- ment . . . . . . . tº e e º & © tº e º e º e s e a . . . . . . . . . . . . . . . . . . . 10191 5. Offenses relating to official duties. . . . . . . . . . . . . . 10253 6. Offenses against public justice. . . . . . . . tº gº tº º gº tº . . . . 10295 7. Offenses against the currency, coinage, etc. . . . . 10317 8. Offenses against the postal service............. 10349 Chap. Sec. 9. Offenses against foreign and Interstate com- hºler Ce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 10402 10. The slave trade and peonage. . . . . . . . . . . . . . . . . . . 10419 11. Offenses within the admiralty and maritime and the territorial jurisdiction of the United States 10445 12. Piracy and other offenses upon the Seas....... ... 10463 13. Certain offenses in the Territories. . . . . . . . . . . . . . 10484 13A. Search warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10496/4a 14. General and special provisions. . . . . . . . . . . . . . . . . . 10497 15. Pepealing provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10515 Chapter One—Offenses Against the Existence of the Government Proclamation issued under §§ 1–3, 6, of this Chapter, and Const... art. III, § 3, dated April 16, 1917, after reciting the provisions of Said sections and said constitutional provi- sion, as follows: “The courts of the United States have stated the fol- lowing acts to be treasonable: “The use or attempted use of any force or violence against the Government of the United States, or its mili- tary or naval forces; “The acquisition, use, or disposal of any property with knowledge that it is to be, or with intent that it shall be, of assistance to the enemy in their hostilities against the United States; “The performance of any act or the publication of state- ments or information which will give or supply, in any way, aid and comfort to the enemies of the United States; “The direction, aiding, counseling, or countenancing of any of the foregoing acts. “Such acts are held to be treasonable whether commit- ted within the United States or elsewhere; whether Com- mitted by a citizen of the United States or by an alien domiciled, or residing, in the United States, inasmuch as resident aliens, as well as citizens, owe allegiance to the United States and its laws. “Any such citizen or alien who has knowledge of the commission of such acts and conceals and does not make known the facts to the Officials named in Section 3 of the Penal Code is guilty of misprision of treason. “And I hereby proclaim and warn all citizens of the United States, and all aliens, owing allegiance to the Government of the United States, to abstain from com- mitting any and all acts which would constitute a vio- lation of any of the laws herein set forth; and I further proclaim and warn all persons who may commit such acts that they will be vigorously prosecuted therefor.” Sec. 10165. Treason. 10166. Same; punishment. 10167. Misprision of treason; punishment. 10168. Inciting rebellion or insurrection. 10169. Criminal correspondence with foreign governments; redress of private injuries. 10170. Seditious COnSpiracy. 10171. Recruiting for service against United States. 10172. Enlisting to serve against United States. § 10165. (Crim. Code, § 1.) Treason—Whoev- er, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and Comfort within the United States Or elsewhere, is guilty of treason. (R. S. § 5331. March 4, 1909, c. 321, § 1, 35 Stat. 1088.) § 10166. (Crim. Code, § 2.) Same; punish- ment—Whoever is convicted of treason shall Suffer death; or, at the discretion of the court, shall be im- prisoned not less than five years and fined not less than ten thousand dollars, to be levied on and Col- lected out of any Or all of his property, real and per- sonal, of which he was the owner at the time of Com- mitting such treason, any sale or Conveyance to the contrary notwithstanding ; and every person so con- victed of treason shall, moreover, be incapable of hold- ing any office under the United States. (R. S. § 5332. March 4, 1909, c. 321, § 2, 35 Stat. 1088.) § 10167. (Crim. Code, § 3.) Misprision of treason; punishment—Whoever, owing allegiance to the United States and having knowledge of the Com- mission of any treason against them, Conceals and does not, as soon as may be, disclose and make known: the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than Seven years and fined not more than one thousand dollars. (R. S. § 5333. March 4, 1909, c. 321, § 3, 35 Stat. 1088.) § 101.68. (Crim. Code, § 4.) Inciting rebellion or insurrection—Whoever incites, sets On foot, as- sists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be im- prisoned not more than ten years, or fined not more than ten thousand dollars, Or both; and shall, more- over, be incapable of holding any office under the TJnited States. (R. S. § 5334. March 4, 1909, c. 321, § 4, 35 Stat. 1088.) § 10169. (Crim. Code, § 5.) Criminal corre- spondence with foreign governments; redress of private injuries—Every citizen of the United States, whether actually resident or abiding within the Same, or in any place subject to the jurisdiction thereof, or in any foreign country, without the permission Or all- thority of the Government, directly or indirectly, Com- mences or carries on any verbal or written COrre- spondence or intercourse with any foreign govern- ment or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in re- lation to any disputes or controversies With the United States, or to defeat the measures of the GOV- ernment of the United States; and every person, be- ing a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, Shall be fined not more than five thousand dollars and impris- oned not more than three years; but nothing in this section shall be construed to abridge the right Of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from Such gov- ernment or any of its agents or Subjects. (R. S. § 5335. March 4, 1909, c. 321, § 5, 35 Stat. 1088.) § 10170. (Crim. Code, § 6.) Seditious conspir- acy—If two or more persons in any State or Terri- tory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to Oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both. (R. S. § 5336. March 4, 1909, c. 321, § 6, 85 Stat. 1089.) See § 10185. [Page 1676] Ch. 2) ź 10178 THE CRIMINAL CODE [Page 1677] § 10171. (Crim. Code, § 7.) Recruiting for service against United States—Whoever recruits Soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the juris- diction thereof, a recruiting station for the enlist- ment of such soldiers or sailors to serve in any man- ner in armed hostility against the United States, shall be fined not more than one thousand dollars and im- prisoned not more than five years. (R. S. § 5337. March 4, 1909, c. 321, § 7, 35 Stat. 1089.) § 10172. (Crim. Code, § 8.) Enlisting to serve against United States—Every person enlisted or engaged within the United States or in any place Subject to the jurisdiction thereof, with intent to Serve in armed hostility against the United States, “shall be fined one hundred dollars and imprisoned not more than three years. (R. S. § 5338. March 4, 1909, c. 321, § 8, 35 Stat. 1089.) - Chapter Two—Offenses Against Sec. Neutrality 10173. Accepting foreign commission to serve against friendly power. 10174. Enlisting in foreign service; exceptions. 10175. Arming vessels against friendly powers; forfeiture of vessel. 10176. Augmenting force of foreign armed Vessel. 10177. Organizing military expedition against friendly power. 10178. Enforcement by courts; employment of land or naval forces. 10179. Compelling foreign vessels to depart. 10180. Bonds from armed vessels on clearing. 10181. Detention by collectors of customs. 10182. Construction of chapter; transient aliens; prosecutions for treason or piracy. 10182a. [Flepealed.] 10182b. Enforcement of neutrality; withholding clearance pa- pers from vessels. 10182c. Same; detention of armed vessels. 10182d. Same; sending out armed vessel with intent to deliv- er to belligerent nation. 101826. Same; statement from master that cargo will not be delivered to other vessels, additional to requirements of R. S. §§ 4197, 4198, 4200. 10182ſ. Same; forbidding departure of vessels. 10182g. Same; unlawful taking of vessel out of port. 10182h. Same; interment of person belonging to armed land or naval forces of belligerent nation; arrest; pun- ishment for aiding escape. 10182i. Same; enforcement of Title. § 10173. (Crim. Code, § 9.) Accepting for- eign commission to serve against friendly power —Every citizen of the United States who, within the territory Or jurisdiction thereof, accepts and exercis- es a commission to serve a foreign prince, state, Col- ony, district, or people, in war, by land Or by Sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and impris- oned not more than three years. (R. S. § 5281, March 4, 1909, c. 321, § 9, 35 Stat. 1089.) § 101.74. (Crim. Code, § 10, amended.) En- listing in foreign service; exceptions—Whoever, within the territory or jurisdiction of the United States, enlists or enters himself, or hires Or retains another person to enlist or enter himself, or to go be- yond the limits or jurisdiction of the United States With intent to be enlisted or entered in the service of any foreign prince, State, colony, district, or peo- ple as a soldier or as a marine or seaman on board of any vessel of war, letter of marque, or privateer shall be fined not more than $1,000 and imprisoned not more than three years: Provided, That this sec- tion shall not apply to- citizens or subjects of any Country engaged in war with a country with which the United States is at war, unless such citizen or Subject Of Such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. En- listments under this proviso shall be under regula- tection of the United States as before defined: (R. S. § May tions prescribed by the Secretary of War. 5282. March 4, 1909, c. 321, § 10, 35 Stat. 1089. 7, 1917, c. 11, 40 Stat. 39.) § 101.75. (Crim. Code, § 11.) Arming vessels against friendly powers; forfeiture of vessel— Whoever, within the territory or jurisdiction of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, Or arming Of any vessel, with intent that such vessel shall be employed in the service of any foreign prince Or State, Or Of any Colony, district, or people, to Cruise Or Commit hostilities against the Subjects, citizens, Or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a Commission within the territory Or jurisdiction of the United States for any vessel, to the intent that she may be so employed, shall be fined not more than ten thousand dollars and imprisoned not more than three years. And every Such vessel, her tackle, ap- parel, and furniture, together with all materials, arms, ammunition, and Stores Which may have been proCur- ed for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States. (R. S. § 5283. March 4, 1909, c. 321, § 11, 35 Stat. 1090.) § 10176. (Crim. Code, § 12.) Augmenting force of foreign armed vessel—Whoever, within the territory or jurisdiction of the United States, increas- es or augments, or procures to be increased or aug- mented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, Cruiser, Or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruis- er, or armed vessel, in the service of any foreign prince or state, Or of any colony, district, Or people, or belonging to the subjects or citizens of any such prince or state, Colony, district, Or people, the same being at war with any foreign prince or state, or of: any colony, district, or people, with whom the Unit- ed States are at peace, by adding to the number of the guns of such vessel, or by changing those On board of her for guns of a larger Caliber, Or by add- ing thereto any equipment solely applicable to War, Shall be fined not more than one thousand dollars and imprisoned not more than one year. (R. S. § 5285 March 4, 1909, c. 321, § 12, 35 Stat. 1090.) § 10177. (Crim. Code, § 13, amended.) Organ- izing military expedition against friendly pow- er–Whoever, within the territory Or jurisdiction of the United States or of any of its possessions, know- ingly begins or sets On foot or provides or prepares a means for Or furnishes the money for, Or Who takes part in, any military or naval expedition or enter- prise to be Carried on from thence against the terri- tory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined not more than $3,000 or imprisoned not more than three years, or both. (R. S. § 5286. March 4, 1909, c. 321, § 13, 35 Stat. 1090. June 15, 1917, c. 30, title V, § 8, 40 Stat. 223.) § 10178. (Crim. Code, § 14.) Enforcement by courts; employment of land or naval forces— The district Courts shall take Cognizance of all Com- plaints, by whomsoever instituted, in cases of cap- tures made within the waters of the United States, Or within a marine league of the coasts or shores thereof. In every Case in which a vessel is fitted Out and armed, Or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is be- gun or set on foot, Contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or pro- and 3 10179 (Tit. 69A THE CRIMINAL COHDE [Page 167ST in every case in which any process issuing out of any court of the United States is disobeyed Or resisted by any person having the Custody of any vessel. Of war, cruiser, or other armed vessel of any foreign prince or state, or of any Colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or Of the militia thereof, for the purpose of taking possession of and detaining any Such vessel, with her prizes, if any, in order to enforce the execu- tion of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the pur- pose of preventing the carrying on of any such expedi- tion or enterprise from the territory or jurisdiction Of the United States against the territory or do- minion Of any foreign prince Or State, or Of any COl- Ony, district, or people with whom the United States are at peace. 14, 35 Stat. 1090.) . - § 10179. (Crim. Code, § 15, amended.) Com- pelling foreign vessels to depart—It shall be law- ful for the President to employ such part of the land or naval forces Of the United States, or Of the militia, thereof, as he may deem necessary to Compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law Of nations Or the treaties of the United States, it is not entitled to depart. (R. S. § 5288. March 4, 1909, c. 321, § 15, 35 Stat. 1091. June 15, 1917, c. 30, title V, § 10, 40 Stat. 223.) § 10180. (Crim. Code, § 16.) Bonds from arm- ed vessels on clearing—The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belong- ing wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with Sufficient Sureties, in double the amount of the value of the vessel and cargo on board, including her armament, Conditioned that the vessel shall not be employed by Such Owners to Cruise Or Commit hostili- ties against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace. March 4, 1909, c. 321, § 16, 35 Stat. (R. S. § 5289. 1091.) - § 10181. (Crim. Code, § 17.) Detention by col- lectors of customs—The Several COllectors Of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, Or any place subject to the jurisdiction there- Of, the cargo of which principally consists of arms and munitions of War, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property Of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the Owner gives such bond and Security as is required Of the owners of armed vessels by the preceding sec- (R. S. § 5290. March 4, 1909, c. 321, § 17, 35 tion. Stat. 1091.) ... • , § 10182. (Crim. Code, § 18.) Construction of chapter; transient aliens; prosecutions treason or piracy—The provisions of this chapter shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the (R. S. § 5287. March 4, 1909, c. 321, § 2, 40 Stat. 221) for. time of its arrival within the United States was fit- ted and equipped as such, or hires or retains another Subject or citizen of the same foreign prince, state, Colony, district, or people who is transiently within the United States to enlist or enter himself to serve Such foreign prince, state, colony, district, or people On board Such vessel of war, letter of marque, or privateer, if the United States shall then be at peace With Such foreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution. Or punishment of treason, or of any piracy defined by the laws of the United States. (R. S. § 5291. March 4, 1909, c. 321, § 18, 35 Stat. 1091.) § 10182a. [Repealed.] . - - This section, which was Res. March 4, 1915, No. 14, 38 Stat. , 1226, relating to the withholding of clearance from vessels, violating the neutrality of the United States, was spealed by Act June 15, 1917, c. 30, title V, § 11, 40 Stat. § iols2b. Enforcement of neutrality; with- holding clearance papers from vessels—During a War in which the United States is a neutral nation, the President, or any person thereunto authorized by him, may Withhold clearance from or to any vessel, domestic or foreign, which is required by law to se- cure clearance before departing from port or from the jurisdiction of the United States, or, by service Of formal notice upon the owner, master, or person in COmmand Or having charge of any domestic vessel not required by law to secure clearances before so departing, to forbid its departure from port or from the jurisdiction of the United States, whenever there is reasonable cause to believe that any such vessel, domestic or foreign, whether requiring clearance or not, is about to carry fuel, arms, ammunition, men, Supplies, dispatches, or information to any warship, tender, Or Supply ship of a foreign belligerent nation in Violation of the laws, treaties, or obligations of the United States under the law of nations; and it shall thereupon be unlawful for such vessel to depart. (June 15, 1917, c. 30, title V, § 1, 40 Stat. 221.) • $ 10182c. Same; detention of armed vessels— During a war in which the United States is a neutral nation, the President, or any person thereunto au- thorized by him, may detain any armed vessel owned Wholly Or in part by American citizens, or any ves- Sel, domestic or foreign (other than one which has entered the ports of the United States as a public Vessel), which is manifestly built for warlike purpos- es Or has been converted or adapted from a private VeSSel to One Suitable for warlike use, until the own- er Or master, or person having charge of such ves- Sel, Shall furnish proof satisfactory to the President, Or to the person duly authorized by him, that the ves- Sel Will not be employed by the said owners, or mas- ter, or person having charge thereof, to Cruise against Or COmmit or attempt to commit hostilities upon the Subjects, citizens, or property of any foreign prince Or State, or of any colony, district or people with which the United States is at peace, and that the said Vessel.will not be sold or delivered to any belligerent nation, Or to an agent, officer, or citizen of such na- tion, by them or any of them, within the jurisdiction of the United States, or, having left that jurisdiction, upon the high seas. (June 15, 1917, c. 30, title V, § § 10 i82d. Same; sending out armed vessel with intent to deliver to belligerent nation— During a War in which the United States is a neutral nation, it shall be unlawful to send out of the juris- diction of the United States any vessel built, armed, Or equipped as a vessel of war, or converted from a private vessel into a vessel of war, with any intent or under any agreement or Contract, written or oral, that such vessel shall be delivered to a belligerent nation, or to an agent, Officer, or citizen of such na- tion, or with reasonable cause to believe that the said vessel shall or will be employed in the service of any such belligerent nation after its departure from the Ch. 3) 3 10185 THE CRIMINAT, CODE IPage 1674)] jurisdiction of the United States. (June 15, 1917, c. 30, title V, § 3, 40 Stat. 222.) § 101826. Same; statement from master that cargo will not be delivered to other vessels ad- ditional to requirements of R. S. §§ 4197, 41.98, 4200–During a war in which the United States is a , neutral nation, in addition to the facts required by sections forty-one hundred and ninety-seven, forty- One hundred and ninety-eight, and forty-two hundred Of the Revised Statutes to be set out in the masterS' and Shippers’ manifests before clearance will be is- Sued to vessels bound to foreign ports, each of which Sections of the Revised Statutes is hereby declared to be and is continued in full force and effect, every mas- ter Or person having charge or command of any ves- Sel, domestic or foreign, whether requiring clear- ance Or not, before departure of Such vessel from port shall deliver to the Collector of Customs for the dis- trict wherein such vessel is then located a statement duly Verified by oath, that the cargo or any part of the Cargo is Or is not to be delivered to other vessels in port Or to be transshipped on the high seas and, if it is to be so delivered or transshipped, stating the kind and quantities and the value of the total quan- tity of each kind of article so to be delivered or trans- Shipped, and the name of the person, Corporation, ves- Sel, or government, to whom the delivery or transship- ment is to be made ; and the Owners, Shippers, Or Con- Signors of the Cargo of such vessel shall in the same lmanner and under the same Conditions deliver to the Collector like statements under oath as to the cargo Or the parts thereof laden or shipped by them, respec- tively. (June 15, 1917, c. 30, title V, § 4, 40 Stat. 222.) See §§ 7789, 7790, 7792. - § 10182ſ. Same; forbidding departure of ves- 'sels—Whenever it appears that the vessel is not en- titled to Clearance or whenever there is reasonable cause to believe that the additional statements under . oath required in the foregoing section are false, the COllectOr Of Custom's for the district in which the Ves- sel is located may, subject to review by the Secretary Of Commerce, refuse clearance to any vessel, domes- tic or foreign, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, forbid the departure of the ves- sel from the port or from the jurisdiction of the |United States; and it shall thereupon be unlawful for the vessel to depart. (June 15, 1917, c. 30, title V, § 5, 40 Stat. 222.) - § 10182g. Same; out of port—Whoever, in violation of any of the pro- visions of this title, shall take, or attempt or conspire to take, or authorize the taking of any such vessel, Out of port or from the jurisdiction. Of the United States, shall be fined not more than $10,000 or im- prisoned not more than five years, or both ; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States. (June 15, 1917, c. 30, title V, § 6, 40 Stat. 222.) § 10182]h. Same; internment of person be- longing to armed land or naval forces of belliger- ent nation; arrest; punishment for aiding es- cape—Whoever, being a person belonging to the arm- -ed land or naval forces of a belligerent nation Or belligerent faction of any nation and being interned in the United States, in accordance with the law of nations, shall leave Or attempt to leave said jurisdic- tion, or shall leave or attempt to leave the limits of internment in which freedom Of movement has been allowed, without permission from the proper official of the United States in charge, or shall willfully over- stay a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy mar- shal of the United States, or by the military or naval authorities thereof, and shall be returned to the place unlawful taking of vessel , | Of internment and there confined and safely kept for Such period of time as the Official Of the United States in Charge shall direct; and whoever, within the ju- risdiction of the United States and subject thereto, Shall aid Or entice any interned person to escape Or attempt to escape from the jurisdiction. Of the Unit- ed States, or from the limits of internment prescribed, Shall be fined not more than $1,000 or imprisoned not more than One year, Ór both. (June 15, 1917, c. 30, title V, § 7, 40 Stat. 223.) § 10182i. Same; enforcement of title—The President may employ such part of the land or naval forces of the United States as he may deem neces- Sary to Carry Out the purposes of this title. (June 15, 1917, c. 30, title V, $ 9.) Chapter Three—Offenses Against the Elective Franchise and Civil Rights of Citizens Sec. 10183. Conspiracy to injure persons in exercise of civil rights. 10184. Depriving citizens of civil rights under color of State - laws. - t .10185. Conspiring to prevent officer from performing duties. 10186. Unlawful presence of troops at polls. 10187. Intimidating voters by Army or Navy officers. 10188. Army or Navy officers prescribing qualifications of voters. 10189. Interfering with election officers by Army or Navy of– ficers. 10190. Additional punishment for violation of preceding sec- tions. 3. § 10183. (Crim. Code, § 19.) Conspiracy to in- jure persons in exercise of civil rights—If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or en- joyment of any right or privilege secured to him by. the Constitution or laws of the United States, Or because of his having SO exercised the same, Or if tWO Or more persons go in disguise on the high Way, Or On the premises of another, with intent to prevent Or hinder his free exercise or enjoyment of any right Or privilege so secured, they shall be fined not more than five thousand dollars and imprisoned not more than ten years, and shall, moreover, be thereafter ineligi- ble to any office, or place of honor, profit, or trust Created by the Constitution or laws Of the United States. (R. S. § 5508. March 4, 1909, c. 321, § 19, 35 Stat. 1092.) § 10184. (Crim. Code, § 20.) Depriving citi- zens of civil rights under color of State laws— Whoever, under Color of any law, Statute, Ordinance, regulation, or custom, willfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitu- tion and laws of the United States, or to different punishments, pains, or penalties, on account Of Such inhabitant being an 'alien, or by reason of his Color, or race, than are prescribed for the punishment of Citizens, shall be fined not more than One thousand dollars, Or imprisoned not more than One year, Or both. (R. S. § 5510. March 4, 1909, c. 321, § 20, 35 Stat. 1092.) § 10185. (Crim. Code, § 21.) Conspiring to prevent officer from performing duties—If two or more persons in any State, Territory, or District con- spire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any Officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, Or to injure him in his person. Or property On a CCOunt of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, 3 10186 (Tit. 69A THE CRIMINAL CODE IIPage 16801 each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both. (R. S. § 5518. March 4, 1909, c. 321, § 21, 35 Stat. 1092.) § 10186. (Crim. Code, § 22.) Unlawful pres- ence of troops at polls—Every officer Of the Army or Navy, or other person in the civil, military, Or naval Service of the United States, who orders, brings, keeps, or has under his authority Or Control any troops or armed men at any place where a general Or special election is held in any State, unless Such force be necessary to repel armed enemies of the United States, shall be fined not more than five thou- sand dollars and imprisoned not more than five years. (R. S. § 5528. March 4, 1909, c. 321, § 22, 35 Stat. 1092.) § 10187. (Crim. Code, § 23.) Intimidating vot- ers by Army or Navy officers—Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, Order, advice, or otherwise, prevents, or attempts to pre- vent, any qualified voter of any State from freely ex- ercising the right of suffrage at any general Or Spe- Cial election in Such State shall be fined not more than five thousand dollars and imprisoned not more than five years. (R. S. § 5529. March 4, 1909, c. 321, § 23, 35 Stat. 1092.) § 10188. (Crim. Code, § 24.) Army or Navy officers prescribing qualifications of voters—EV- ery officer of the army or navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, of otherwise, the qualifications of voters at any election in any State shall be punish- ed as provided in the preceding section. (R. S. § 5530. March 4, 1909, c. 321, § 24, 35 Stat. 1092.) § 10189. (Crim. Code, § 25.) Interfering with election officers by Army or Navy officers—Every officer or other person in the military or naval service of the United States who, by force, threat, intimida- tion, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, Or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer Of an election in the discharge of his duty, shall be punished as provided in section twenty-three. (R. S. § 5531. March 4, 1909, c. 321, § 25, 35 Stat. 1092.) § 10190. (Crim. Code, § 26.) Additional pun- ishment for violation of preceding sections—EV- ery person convicted of any offense defined in the in addition to the pun- be disqualified from four preceding sections shall, ishment therein prescribed, holding any office of honor, profit, or trust under the United States; but nothing therein shall be con- Strued to prevent any officer, soldier, sailor, or ma- rine from exercising the right of Suffrage in any election district to which he may belong, if other- Wise qualified according to the laws of the State in which he offers to vote. (R. S. § 5532. March 4, 1909, c. 321, § 26, 35 Stat. 1093.) Chapter Four—Offenses Against the Operations of the Government Sec. 101.91. Mººns, forging, counterfeiting or altering letters pat- 6 Ill. 10192. Making, forging, counterfeiting or altering bonds, bids or public records; transmitting such papers. 10193. Making, forging, counterfeiting or altering deeds or powers of attorney; transmitting such papers. 10194. Having false papers in possession. 10195. Officer making false acknowledgments. 10196. Falsely pretending to be United States officer. 10197. False personation of holder of public stocks or pen- SIOIle I’. 10198. False demand on fraudulent power of attorney. 10199. Presenting false claims; unlawful purchase of public property. Sec. 10200. 10200a, 10201, 10202. 10203. 10204. 10205. 10206. 10207. 10208. 10209. Embezzling arms and stores. Threats against President. Conspiring to commit offense against United States. Fraudulent interference with delivery of prize property. Bribery of United States officer. TJnlawfully taking or using papers relating to claim.S. Interested persons acting as government agents. Enticing desertion from Army or Navy. Enticing workmen from, arsenals or armories. Injuries to fortifications or harbor defenses; jurisdic- tion of offenses committed within Canal Zone or de- fensive Sea, area.S. Unlawfully entering military reservation, fort or arse- nal. 10210-10212. [Repealed.] 102.12a. 102.12b. Espionage; obtaining information concerning vessel, aircraft, work of defense or navy yard, to be used to injury of United States; making of sketch or photograph of anything connected with national de- fense; communication of document, writing, or code book to persons not entitled thereto or failure to de- liver up same on demand therefor; permitting re- tººl or loss, etc., of document, writing, or code OOK. Same; communication of document, writing or code book for use to injury of United States; collecting information regarding movement or numbers of arm- ed forces of United States useful to enemy. 102.12c. Same; seditious or disloyal acts, utterances or state- mentS. 102.12cc. Same; act applicable. 10912d. Same; conspiracy to violate sections 102.12b, 10212c. 10212e. Same; harboring or concealing persons violating pro- visions of title. 10212f. Same; designation by proclamation of prohibited plac- es under title. 10212g. Same; jurisdiction of general courts-martial. 10212h. Same; places subject to provisions of title. 10212h 1/16. Destruction of war material; terms defined. 10212h1/3. Same; Offenses defined. 10212h44. Defective making of war material. 10212.h3%. Entrapping, capturing, or shooting carrier pigeons owned by Government. 10212h94. Same; possession prima facie evidence. 10212h45. Same; punishment. 102.12i. Possession or control of property or papers in aid of 102.13. 10214. 102.15. 10216. 10217. 10218. 10219. 102.20. 10221. 10222. 10223. 10224. 10226. 10226a. 10227. 10228. 10229. 10230. 10231. 10232. 10233. 10234. 10235. 10236. 10237. 10238. 10239. 10240. 10240a. 10240b. 10240c. 10241. 10242. 10242a. 10243. 10244. foreign government designed or intended for violat- ing penal statutes, treaty rights or obligations of United States; or rights under law of nations. Robbery of personal property of the United States. Embezzling public moneys or other property. Receiving stolen public property. Timber depredations; on public lands; trymen. Same; on Indian lands or trust allotments. Boxing trees for turpentine. Setting fire to timber on public lands. Failing to extinguish fires. Fines paid into school funds. Trespassing on Bull Run National Forest. Breaking fences or driving cattle on inclosed public lands. Injuring or removing survey marks. Interrupting surveys. Agreement to prevent bids at land sales. Willful and false representations to intending chasers of public lands. Inducing conveyances by Indians of trust interests in lands. Injuries to telegraph lines. Counterfeiting weather forecasts. Molesting Animal Industry employees; Weapon. - Foreign customs entry certificates. Concealing or destroying invoices. Resisting revenue officers, rescuing or destroying seiz- ed property; using deadly weapon. Falsely assuming to be revenue officer. Offering presents to customs officer. Admitting entries for less than legal duty. Securing false entry of goods. False certification by consular officer. Taking seized property from revenue officer. Forging or altering ship’s or custom-house papers. Counterfeiting government seal; fraudulently or wrongfully affixing seal of executive departments to certificate or instrument or wrongfully using Such certificate or instrument. Same; falsely making or forging Seal of executive department. Same; falsely making or forging naval, military, or official pass. Forging military bounty-land warrants. Forging certificates of citizenship. Forging certificate of discharge from military or na- val service or using such forged certificate. Engraving counterfeit plates for citizenship certifi- cates; printing; distinctive paper. False personation in procuring naturalization. rights of en- pur- using deadly Ch. 4) 3 10198 THE CRIMINAL CODE [Page 1681 I Sec. 10245. 10246. 10247. 10248. 10249. 10250. 10251. 10252. § 10191. (Crim. Code, § 27.) Making, forging, counterfeiting or altering letters patent—Who- soever shall falsely make, forge, counterfeit, or alter any letters patent granted Or purporting to have been granted by the President of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish as genuine, any such forged, Counterfeited, or falsely altered letters patent, know- ing the same to be forged, counterfeited, or falsely altered, shall be fined not more than five thousand dollars and imprisoned not more than ten years. (R. S. § 5416. March 4, 1909, c. 321, § 27, 35 Stat. 1094.) § 10192. (Crim. Code, § 28.) Making, forging, counterfeiting or altering bonds, bids, or public records; transmitting such papers—Whoever shall falsely make, alter, forge, or Counterfeit, or Cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid, or assist in the false making, altering, forging, or counterfeiting, any bond, bid, proposal, contract, guarantee, security, Official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession With the intent to utter or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public recº- ord, affidavit, or other writing, for the purpose of de- frauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affi- davit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be fined not more than one thousand dollars, . Or imprisoned not more than ten years, or both. (R. S. §§ 5418, 5479. March 4, 1909, c. 321, § 28, 35 Stat. 1094.) § 10193. (Crim. Code, § 29.) Making, forging, counterfeiting or altering deeds or powers of attorney; transmitting such papers—Whoever shall falsely make, alter, forge, or counterfeit, Or Cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid, or assist in the false making, altering, forging, or Counterfeiting, any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of Ob- taining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any of their officers or agents, any sum of money ; or whoever shall utter Or pub- lish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, Certificate, receipt, con- tract, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or whoever shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, any office or Officer of the Gov- ernment Of the United States, any deed, power of at- torney, order, certificate, receipt, contract, or other Writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or coun- terfeited, shall be fined not more than one thousand COMP.S.T.’18—106 Using false certificate of citizenship; blanks; denying citizenship. Attempting to vote on false certificate. Falsely claiming citizenship. Falsely swearing in naturalization cases. Provisions applicable to all courts of naturalization. Shanghaiing sailors. Corporations contributing for political elections. Hunting or taking eggs on bird-breeding grounds. citizenship dollars and imprisoned not more than ten years. (R. S. § 5421. March 4, 1909, c. 321, § 29, 35 Stat. 1094.) § 10.194. (Crim. Code, § 30.) Having false pa- pers in possession—Whoever, knowingly and with intent to defraud the United States, shall have in his p0SSession any false, altered, forged, Or Counterfeited deed, power of attorney, order, certificate, receipt, con- tract, Or other writing, for the purpose of enabling an- Other to obtain from the United States, or from any officer or agent thereof, any sum of money, shall be fined not more than five hundred dollars, or im- prisoned not more than five years, or both. (R. S. § 5422. March 4, 1909, c. 321, § 30, 35 Stat. 1094.) -. § 101.95. (Crim. Code, § 31.) Officer making false acknowledgments—Whoever, being an officer authorized to administer oaths or to take and cer. tify acknowledgments, shall knowingly make any false acknowledgment, certificate, or statement con- cerning the appeararice before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or Other matter, submitted to, made with, or taken on behalf of, the United States, and concerning which an oath or affirmation is required by law or regula- tion made in pursuance of law, or with respect to the financial standing of any principal, Surety, or Other party to any such proposal, contract, bond, un- dertaking, or other instrument, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. (March 4, 1909, c. 321, § 31, 35 Stat. 1094.) - - $ 10196. (Crim. Code, § 32.) Falsely pretend- ing to be United States officer—Whoever, with in- tent to defraud either the United States or any per- SOn, Shall falsely assume or pretend to be an officer Or employee acting under the authority of the United States, or any Department, or any officer of the Gov- ernment thereof, and shall take upon himself to act as Such, or shall in such pretended character demand Or Obtain from any person or from the United States, Or any Departmrent, or any officer of the Government thereof, any money, paper, document, or other valua- ble thing, shall be fined not more than One thousand dollars, or imprisoned not more than three years, or both. (R. S. § 5438. April 18, 1884, c. 26, 23 Stat. 11. March 4, 1909, c. 321, § 32, 35 Stat. 1095.) - § 10197. (Crim. Code, § 33.) False persona- tion of holder of public stocks or pensioner–Who- ever shall falsely personate any true and lawful hold- er of any share or sum in the public stocks or debt of the United States, Or any person entitled to any annuity, dividend, pension, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or en- deavor to transfer such public stock or any part thereof, or shall receive or endeavor to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize money, Wages, Or other debt, shall be fined not more than five thousand dollars and imprisoned not more than ten years. (R. S. § 5435. March 4, 1909, c. 321, § 33, 35 Stat. 1095.) - § 10.198. (Crim. Code, § 34.) False demand on fraudulent power of attorney—Whoever shall knowingly or fraudulently demand or endeavor to obtain any share or sum in the public stocks of the TJnited States, Or to have any part thereof transfer- red, assigned, Sold, Or Conveyed, Or to have any an- nuity, dividend, pension, prize money, wages, or other debt due from the United States, or any part thereof, received, or paid by virtue of any false, forged, or counterfeited power of attorney, authority. Or instrument, shall be fined not more than five thou. Sand dollars and imprisoned not more than ten years. (R. S. § 5436. March 4, 1909, c. 321, § 34, 35 Stat. 1095.) - ź 10199 (Tit. 69A • THE CRIMINAL CODE IPage 1682I § 10199. (Crim. Code, § 35.) Presenting false claims; unlawful purchase of public property— Whoever shall make Or Cause to be made, Or present Or Cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service Of the United States, any claim upon Or against the Government of the United States, Or any department or Officer thereof, knowing Such claim to be false, fictitious, or fraudulent; or whoever, for the purpose of obtaining or aiding to obtain the pay- ment Or approval Of Such claim, Shall make Or Ulse, Or cause to be made or used, any false bill, receipt, VOucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraud- ulent Or fictitious statement Or entry; or Whoever shall enter into any agreement, combination, or con- Spiracy to defraud the Government of the United States, or any department or officer thereof, by ob- taining or aiding to obtain the payment or allowance Of any false or fraudulent claim; Or whoever, having Charge, possession, custody, or control of any money Or other public property used or to be used in the military Or naval service, with intent to defraud the United States or willfully to conceal such money or Other property, shall deliver or cause to be delivered, to any other person having authority to receive the Same, any amount of such money or other property less than that for which he received a certificate Or took a receipt; Or whoever, being authorized to make Or deliver , any certificate, voucher, receipt, or other paper Certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, shall be fined not more than five thou- Sand dollars, or imprisoned not more than five years, Or both. And whoever shall knowingly purchase or receive in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person call- ed into or employed in the military or naval Serv- ice, any arms, equipments, ammunition, clothes, mili- tary stores, or other public property, whether fur- nished to the soldier, sailor, officer, or person, under a clothing allowance or otherwise, such soldier, sailor, officer, or other person not having the lawful right to pledge Or sell the same, shall be fined not more than five hundred dollars, and imprisoned not more than two years. (R. S. § 5438, amended, May 30, 1908, c. 235, 35 Stat. 555. March 4, 1909, c. 321, § 35, 35 Stat. 1095.) - § 10200. (Crim. Code, § 36.) Embezzling arms and stores—Whoever shall steal, embezzle, or know- ingly apply to his own use, or unlawfully sell, convey, Or dispose Of, any Ordnance, arms, ammunition, Cloth- ing, subsistence, stores, money, or other property of . the United States, furnished Or to be used for the military or naval service, shall be punished as pre- scribed in the preceding section. (R. S. § 5439. March 4, 1909, c. 321, § 36, 35 Stat. 1096.) § ... § 102.00a. Threats against President—Any person who knowingly and willfully deposits or Causes to be deposited for COnveyance in the mail Or for delivery from any post office Or by any letter carrier any letter, paper, writing, print, missive, Or document containing any threat to take the life of Or to inflict bodily harm upon the President of the United States, or who knowingly, and willfully oth- erwise makes any such threat against the President, shall upon conviction be fined not exceeding $1,000 Or imprisoned not exceeding five years, or both. (Feb. 14, 1917, c. 64, 39 Stat. 919.) § 10201. (Crim. Code, § 37.) Conspiring to commit offense against United States—If two Or more persons Conspire either to Commit any Offense against the United States, or to defraud the United States in any manner Or for any purpose, and One Or more of such parties do any act to effect the object Of the conspiracy, each of the parties to such COn- Spiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both. (R. S. § 5440, amended, May 17, 1879, c. 8, 21 Stat. 4. March 4, 1909, c. 321, § 37, 35 Stat. 1096.) § 10202. (Crim. Code, § 38.) Fraudulent in- terference with delivery of prize property—Who- ever shall willfully do, or aid or advise in the doing, Of any act relating to the bringing in, custody, pres- ervation, Sale, or other disposition of any property Captured as prize, or relating to any documents or papers connected with the property, or to any depo- Sition or Other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, Shall be fined not more than ten thousand dollars, Or imprisoned not more than five years, or both. (R. S. § 5441. March 4, 1909, c. 321, § 38, 35 Stat. 1096.) - § 10203. (Crim. Code, § 39.) Bribery of TInited States officer—Whoever shall promise, of. fer, or give, or cause or procure to be promised, of. fered, or given, any money or other thing of value, Or shall make or tender any contract, undertaking, obligation, gratuity, or sécurity for the payment of money, or for the delivery or conveyance of any- thing Of value, to any officer of the United States, Or to any person acting for Or on behalf of the United States in any official function, under or by authority Of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, mat- . ter, Cause, Or proceeding which may at any time be pending, or which may by law be brought before him in his Official capacity, or in his place of trust or profit, Or with intent to influence him to Commit Or aid in COmmitting, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do Or Omit to do any act in Violation of his lawful duty, Shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or pro- cured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years. (R. S. § 5451. March 4, 1909, c. 321, § 39, 35 Stat. 1096.) y § 10204. (Crim. Code, § 40.) Unlawfully taking or using papers relating to claims—Who- ever shall take and carry away, without authority from the United States, from the place where it has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written statement of facts, power of attorney, re- ceipt, voucher, assignment, or other document, rec- ord, file, or paper, prepared, fitted, or intended to be used or presented in Order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, Or any part thereof, has or has not already been allowed or paid ; or whoever shall present, use, or attempt to use, any Such document, record, file, or paper SO taken and carried away, in order to procure the payment of any money from or by the United States, or any offi- cer or agenf thereof, or the allowance or payment Of the whole or any part of any claim, account, Or de- mand against the United States, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 5454. March 4, 1909, c. 321, § 40, 35 Stat. 1096.) Ch. 4) ź 10212a THE CRIMINAL CODE IPage 1GS3] § 10205. (Crim. Code, § 41.) Interested per- sons acting as government agents—No officer or agent of any Corporation, joint stock Company, or as- sociation, and no member or agent of any firm, or per- son directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be employed or shall act as an Officer or agent of the United States for the transaction of business with such Corporation, joint Stock Company, association, or firm. Whoever shall violate the provision Of this section shall be fined not more than two thousand dollars and impris- oned not more than two years. (R. S. § 1783. March 4, 1909, c. 321, § 41, 35 Stat. 1097.) § 10206. (Crim. Code, § 42.) Enticing deser- tion from Army or Navy—Whoever shall entice Or procure, or attempt or endeavor to entice Or proCure, any soldier in the military service, or any Seaman Or other person in the naval Service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, Seaman, Or other person in deserting or in attempting to desert from such service; or whoever shall harbor, Conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from Such Service, knowing him to have deserted therefrom, Or shall re- fuse to give up and deliver such soldier, seaman, Or other person on the demand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. (R. S. §§ 1553, 5455. Feb. 27, 1877, c. 69, § 1, 19 Stat. 253. March 4, 1909, c. 321, § 42, 35 Stat. 1097.) - § 10207. " (Crim. Code, § 43.) Enticing work- men from arsenals or armories—Whoever Shall procure or entice any artificer or workman retained or employed in any arsenal or armory to depart from the same during the continuance of his engagement, Or to avoid or break his contract with the United States; or whoever, after due notice of the engage- ment of such workman or artificer, during the con- tinuance of such engagement, shall retain, hire, or in anywise employ, harbor, or conceal such artificer or Workman, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. (R. S. § 1668. March 4, 1909, c. 321, § 43, 35 Stat. 1097.) § 10208. (Crim. Code, § 44, amended.) In- juries to fortifications, or harbor defenses; ju- risdiction of offenses committed within Canal Zone or defensive Sea areas—Whoever shall Will- fully trespass upon, injure, or destroy any of the Works or property or material of any submarine mine Or torpedo Or fortification or harbor-defense System OWned or constructed or in process of construction by the United States, or shall willfully interfere with the Operation or use of any such submarine mine, torpe- do, fortification, or harbor-defense system, or shall knowingly, willfully, or wantonly violate any duly au- thorized and promulgated order or regulation of the President governing persons or vessels within the limits of defensive sea areas, which defensive sea areas are hereby authorized to be established by order Of the President from time to time as may be neces- Sary in his discretion for purposes of national de- fense, shall be punished on conviction thereof in a district or circuit court of appeals of the United States for the district or circuit in which the Offense is COmmitted, or into which the offender is first brought, by a fine of not more than $5,000, or by im- prisonment for a term not exceeding five years, or by both, in the discretion of the court. Provided, That Offenses hereunder committed within the Canal Zone Or Within any defensive sea areas which the President is authorized to establish by said section, shall be Cognizable in the District Court of the Canal Zone, and jurisdiction is hereby conferred upon said court to hear and determine all such cases arising under | Said section and to impose the penalties therein pro- vided for the violation of any of the provisions of said section. (July 7, 1898, c. 576, § 1, 30 Stat. 717. March 4, 1909, c. 321, § 44, 35 Stat. 1097. March 4, 1917, c. 180, 39 Stat. 1194. May 22, 1917, c. 20, § 19, 40 Stat. 89.) § 10209. (Crim. Code. § 45.) Unlawfully en- tering inilitary reservation, fort, or arsenal— Whoever shall go upon any military reservation, army post, fort, Or arsenal, for any purpose prohibited by law or military regulation made in pursuance of law, or Whoever shall reenter or be found within any such reservation, post, fort, or arsenal, after having been removed therefrom or ordered not to reenter by any Officer Or person in command or charge thereof, shall be fined not more than five hundred dollars, or im- prisoned not more than six months, or both. (March 4, 1909, c. 321, § 45, 35 Stat. 1097.) §§ 10210-10212. [Repealed.] These sections, which were Act March 3, 1911, c. 226, were repealed by Act June 15, 1917, c. 30, title I, § 9. See §§ 10212a–10212h. § 102.12a. Espiomage; obtaining information concerning vessel, aircraft, work of defense, or navy yard, to be used to injury of United States; making of sketch or photograph of anything con- nected with national defense; communication of document, writing or code book to persons not entitled thereto, or failure to deliver up same on demand therefor; permitting removal or loss, etc., of document, writing or code book—(a) Who- ever, for the purpose of obtaining information re. Specting the national defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies Over, or Otherwise obtains information concern- ing any vessel, aircraft, work of defense, navy yard, naval Station, Submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, ar- Senal, Camp, factory, mine, telegraph, telephone, wire- less, or signal station, building, office, or other place COnnected With the national defense, owned Or Con- structed, or in progress of construction by the Unit- - ed States or under the control of the United States, Or of any of its Officers Or agents, Or within the ex- clusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or oth- er materials Or instruments for use in time of War are being made, prepared, repaired, or stored, under any contract or agreement with the United States, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any pro- hibited place Within the meaning Of Section six of this title; or (b) whoever for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, Or attempts, Or induces Or aids another to Copy, take, make, or Obtain, any sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, document, writ- *ing, or note of anything connected with the national defense ; or (c) whoever, for the purpose aforesaid, receives or obtains Or agrees Or attempts Or induces Or aids another to receive Or Obtain from any per- son, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, Or note, Of anything COnnected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts or induces or aids another to re- ceive . Or Obtain it, that it has been Or Will be Obtain- ed, taken, made or disposed Of by any person Con- trary to the provisions of this title; or (d) who- ever, lawfully or unlawfully having possession of, a C- cess to, control over, or being intrusted with any doc- Ulment, writing, code book, signal book, sketch, pho- tograph, photographic negative, blue print, plan, map, 3 10212a (Tit. 69A THE CRIMINAL CODE IPage 1684] model, instrument, appliance, or note relating to the national defense, Willfully Communicates or transmits Or attempts to communicate Or transmit the same to any person not entitled to receive it, or willfully re- tains the same and fails to deliver it on demand to the Officer or employee of the United States entitled to receive it; or (e) whoever, being intrusted with or having lawful possession or control of any document, Writing, Code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, Or information, relating to the national defense, through gross negligence permits the same to be re- moved from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stol- en, abstracted, Or destroyed, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than two years or both. (June 15, 1917, c. 30, title I, § 1, 40 Stat. 217.) Proclamation prohibiting aircraft expositions, dated Jan- uary 1, 1918, as follows, omitting formal portions: “Now, therefore, I, Woodrow Wilson, President of the United States, by virtue of the authority vested in me by the Constitution and the laws of the United States, do . hereby, for the protection of such forces, proclaim to all whom it. may concern that, under the pains and penalties prescribed by the laws of war and the statutes of the United States, throughout the present war no exposition of aircraft shall be held in the United States or its posses- sions.” IProclamation regulating the flying of civilian aircraft, dated February 28, 1918, as follows: “Whereas, The United States of America is now at war, and the Army and Navy thereof are endangered in their operations and preparations by aircraft, I, Woodrow Wil- son, President of the United States, by virtue of the au- thority vested in me by the Constitution as Commander-in- Chief of the Army and Navy of the United States and of the Militia of the several States when called into the actual service of the United States, do hereby for the protection of such forces issue the following proclamation. “I. A license must be obtained from the Joint Army and Navy Board on Aeronautic Cognizance by or in behalf of any person who contemplates flying in a balloon, aero- plane, Eydroplane, or other machine or device over or near any military or naval forces, camp, fort, battery, tor- pedo station, arsenal, munition factory, navy yard, naval station, coaling station, telephone or wireless or signal station, or any building or office connected With the Na- tional Defense, or any place or region within the juris- diction or occupation of the United States which may be designated by the President as a zone of Warlike Opera- tions or of war-like preparation. & R º “II. The license will specify the person to Whom it is issued, the machine to be used, the persons, to operate the machine and all other persons to be carried therein, the mode of marking or otherwise identifying the machine, and other details intended to assure the military and naval forces of the peacefulness of the errand. “III. The license will also specify the territory and the time wherein it shall be available. - “IV. In case any aircraft shall disregard this proclama- tion or the terms of the license, it shall be the right and duty of the military or naval forces to treat the aircraft as hostile and to fire upon it or otherwise destroy it, not- withstanding the resultant danger to human life. “V. For the present, the President designates as a Zone of military operations and of military preparation the whole of the United States and its territorial waters and of the insular possessions and of the Panama Canal Zone. “VI. The provisions of this proclamation do not apply to aircraft operated by the Army or Navy of the United States. ºvíI. No private flying without a license will be per- mitted after the expiration of thirty days from the date of this proclamation.” § 102.12b. Same; communication of document, writing or code book for use to injury of United states; collecting information regarding move- ment or numbers of armed forces of United . States useful to enemy—(a) Whoever, With intent Or reason to believe that it is to be used to the injury Of the United States Or to the advantage Of a foreign nation, communicates, delivers, or transmits, Or at- tempts to, or aids or induces another to, communi- Cate, deliver, Or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign Country, whether recognized or un- recognized by the United States, or to any represent- ative, Officer, agent, employee, subject, or citizen thereof, either directly Or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by imprison- ment for not more than twenty years: Provided, That whoever shall violate the provisions of subsection (a) Of this section in time of war shall be punished by death or by imprisonment for not more than thirty years; and (b) whoever, in time of war, with intent that the same shall be COImmunicated to the enemy, Shall Collect, record, publish, Or Communicate, Or at- tempt to elicit any information with respect to the movement, numbers, description, Condition, Or dispo- sition of any of the armed forces, Ships, aircraft, Or war materials of the United States, or with respect to the plans Or Conduct, Or Supposed plans Or COn- duct of any naval or military operations, or with re- Spect to any works or measures Undertaken for Or Connected with, or intended for the fortification or defense of any place, or any other information relat- ing to the public defense, which might be useful to the enemy, shall be punished by death or by imprison- ment for not more than thirty years. (June 15, 1917, C. 30, title I, § 2, 40 Stat. 218.) § 10212c. Same; seditious or disloyal acts, ut- terances or statements—Whoever, when the United States is at war, shall willfully make or convey false reports Or false Statements with intent to interfere with the Operation Or success Of the military or naval forces of the United States, or to promote the success of its enemies, or shall willfully make or convey false reports Or false statements, or say or do anything except by way of bona fide and not disloyal advice to an inves- tor or investors, with intent to obstruct “the sale by the United States of bonds or other securities, of the United States or the making of loans by or to the United States, and whoever, when the United States is at war, shall willfully cause, or attempt to Cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall will- fully obstruct or attempt to obstruct the recruiting Or enlistment service of the United States, and who- ever, when the United States is at war, shall willful- ly utter, print, write, or publish any disloyal, pro- fane, Scurrilous, or abusive language about the form Of government of the United States, or the Constitu- tion of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government of the United States, or the Con- Stitution of the United States, or the military or na- Val forces of the United States, or the flag of the Unit- ed States, or the uniform of the Army or Navy of the United States into Contempt, scorn, Contumely, or disrepute, or shall willfully utter, print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to pro- mote the cause of its enemies, or shall willfully dis- play the flag of any foreign enemy, or shall willfully by utterance, writing, printing, publication, or lan- guage spoken, urge, incite, or advocate any curtail- ment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecu- tion of the war, and whoever shall willfully advocate, teach, defend, or suggest the doing Of any of the acts or things in this section enumerated, and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine Of not more than $10,000 or imprisonment for not more than twenty years, or both: Provided, That any employed Ch. 4) & 10212h;4 THE CRIMINAL CODE IPage 16851 Or Official of the United States Government who Commits any disloyal act or utters any unpatriotic or disloyal language, Or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at Once dismissed from the Service. Any such employee shall be dismissed by the head of the department in which the employee may be engaged, and any such official shall be dis-, missed by the authority having power to appoint a SUICCeSSOr to the dismissed Official. (June 15, 1917, C. 30, title I, § 3, 40 Stat. 219, amended, May 16, 1918, C. 75, § 1, 40 Stat.) § 102.12cc. Same; act applicable—Section one Of Title XIT and all other provisions of the Act en- titled “An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign com- merce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes,” approved June fif- teenth, nineteen hundred and seventeen, which apply to Section three of Title I thereof shall apply with equal force and effect to said section three as amended. (May 16, 1918, c. 75, § 2, 40 Stat.) § 102.12d. Same; conspiracy to violate sec- tions 102.12b, 10212c-If two or more persons Con- Spire to violate the provisions of sections two or three Of this title, and one or more of such persons does any act to effect the object of the conspiracy, each Of the parties to such conspiracy shall be punished as in Said sections provided in the case of the doing Of the act the accomplishment of which is the object Of Such conspiracy. Except as above provided con- Spiracies to commit offenses under this title shall be punished as provided by Section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine. 40 Stat. 219.) * § 10212e. Same; harboring or concealing per- sons violating provisions of title—Whoever harbors Or conceals any person who he knows, or has reason- able grounds to believe or suspect, has committed, or is about to commit, an offense under this title shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both. (June 15, 1917, c. 30, title I, § 5, 40 Stat. 219.) § 10212f. Same; designation by proclamation of prohibited places under title—The President in time of War or in case of national emergency may by proclamation designate any place other than those Set forth in Subsection (a) of section One hereof in which anything for the use of the Army or Navy is being prepared or constructed or stored as a prohibit- ed place for the purposes of this title: Provided, That he shall determine that information with respect thereto would be prejudicial to the national defense. (June 15, 1917, c. 30, title I, § 6, 40 Stat. 219.) § 10212g. Same; jur is dic ti on of general courts-rmartial—Nothing contained in this title shall be deemed to limit the jurisdiction of the general COurts-martial, military commissions, or naval courts- martial under sections thirteen hundred and forty- tWO, thirteen hundred and forty-three, and sixteen hundred and twenty-four of the Revised Statutes as gººded. (June 15, 1917, c. 30, title I, § 7, 40 Stat. 219.) . . § 10212h. Same; places subject to provisions of title—The provisions of this title shall extend to all Territories, possessions, and places subject to the jurisdiction of the United States whether or not con- tiguous thereto, and offenses under this title when Committed upon the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States and Outside the territorial limits thereof shall be punishable hereunder. (June 15, 1917, c. 30, title I, § 8, 40 Stat. 219.) § 10212h1/16. Destruction of war material; terms defined—The words “war material,” as used (June 15, 1917, c. 30, title I, § 4, herein, Shall include arms, armament, ammunition, live-stock, stores of clothing, food, food-stuffs, or fuel; and Shall also include supplies, munitions, and all oth- er articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or suitable for the use of the United States, or any associate na- tion, in Connection with the conduct of the War. The words “war premises,” as used herein, shall include all buildings, grounds, mines, or other places Wherein such war material is peing produced, manu- factured, repaired, stored, mined, extracted, distrib- uted, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or oth- er military or naval stations of the United States, or any associate nation. The words “war utilities,” as used herein, shall in- clude all railroads, railways, electric lines, roads of whatever description, railroad or railway fixture, Canal, lock, dam, wharf, pier, dock, bridge, building, Structure, engine, machine, mechanical contrivance, Car, Vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such War material Or any troops of the United States, or Of any associate nation, are being or may be trans- ported either within the limits of the United States Or upon the high Seas; and all dams, reservoirs, aq- ueducts, Water and gas mains and pipes, structures and buildings, whereby or in Connection with which water or gas is being furnished, or may be furnished, to any war premises Or to the military or naval forces of the United States, or any associate nation, and all electric light and power, steam or pneumatic power, telephone and telegraph plants, poles, wires, and fix- tures and wireless stations, and the buildings con- nected with the maintenance and operation thereof used to supply Water, light, heat, power, or facilities of Communication to any War premises or to the mili- tary or naval forces of the United States, or any associate nation. - The Words “United States” shall include the Canal .Zone and all territory and waters, continental and in- Sular, subject to the jurisdiction of the United States. The words “associate nation,” as used in this Act, shall be deemed to mean any nation at war with any nation with which the United States is at war. (April 20, 1918, c. 59, § 1, 40 Stat.) § 10212.h3%. Same; offenses defined—When the United States is at war, whoever, with intent to in- jure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying On - the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for Or carrying on the war, shall willfully injure or destroy, or shall attempt to so injure or destroy, any war ma- terial, war premises, or war utilities, as herein defin- ed, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than thirty years, or both. (April 20, 1918, c. 59, § 2, 40 Stat.) - § 10212.h34. Defective making of war mate- rial—When the United States is at war, Whoever, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, Or Ob- struct the United States or any associate nation in preparing for or carrying on the war, shall Willfully make or cause to be made in a defective manner, Or attempt to make or cause to be made in a defective manner, any war material, as herein defined, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, as herein defined, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than thirty years, O both. (April 20, 1918, c. 59, § 3, 40 Stat.) - • 4 10212h5% (Tit., 69A THE CRIMINAL CODE [Page 16861 § 10212h.3%. Entrapping, capturing or shoot- ing carrier pigeons owned by government—That it be, and it hereby is, declared to be unlawful to knowingly entrap, Capture, shoot, kill, possess, Or in any way detain an Antwerp, or homing pigeon, Com- monly called Carrier pigeon, which is owned by the United States or bears a band owned and issued by the United States having thereon the letters “U. S. A.” Or “U. S. N.” and a Serial number. 1918, c. 58, § 1, 40 Stat.) § 10212.h34. Same; possession prizma facie evi- dence—The possession or detention of any pigeon de- scribed in section one of this Act by any person or persons in any loft, house, cage, building, or structure in the Ownership or under the control of such per- son or persons without giving immediate notice by registered mail to the nearest military or naval au- , thorities, shall be prima facie evidence of a violation . of this Act. (April 19, 1918, c. 58, § 2, 40 Stat.) § 10212.h3%. Same; punishment—Any person violating the provisions of this Act shall, upon Con- viction, be punished by a fine of not more than $100, or by imprisonment for not more than six months, or by both such fine and imprisonment. (April 19, 1918, c. 58, § 3, 40 Stat.) - - . . § 102.12i. Possession or control of property or papers in aid of foreign government designed or intended for violating penal statutes, treaty rights or obligations of United States; or rights under law of nations—Whoever, in aid of any for- eign Government, shall knowingly and willfully have possession of Or control over any property or papers designed or intended for use or which is used as the means of violating any penal statute, or any of the rights or Obligations of the United States under any treaty or the law of nations, shall be fined not more than $1,000 or imprisoned not more than two years, or both. (June 15, 1917, c. 30, title XI, § 22, 40 Stat. 230.) § 102.13. (Crina. Code, § 46.) Robbery of per- sonal property of United States—Whoever Shall rob, another of any kind or description of personal proper- ty belonging to the United States, or shall feloniously. take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 5456. March 4, 1909, c. 321, § 46, 35 Stat. 1097.) - § 10214. (Crim. Code, § 47.) Embezzling pub- lic moneys or other property—Whoever shall em- bezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dol- lars, or imprisoned not more than five years, or both. (March 3, 1875, c. 144, § 1, 18 Stat. 479. March 4, 1909, c. 321, § 47, 35 Stat. 1097.) - `sio215. (Grim. Code, § 489 Receiving stol- en public property—Whoever shall receive, Conceal, or aid in concealing, or shall have Or retain in his pos- session with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, rec- ords, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such person may be tried either before Or after the COnviction. Of the principal offender. (March 3, 1875, c. 144, § 2, 18 Stat. 479. March 4, 1909, c. 321, § 48, 35 Stat. 1098.) § 10216. (Crim. Code, § 49.) Timber depreda- tions; on public lands; rights of entrymen— Whoever shall cut, or cause or procure to be cut, or shall wantonly destroy, or cause to be wantonly de- stroyed, any timber growing on the public lands of the United States; or whoever shall remove, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or (April 19, of timber for the use of the United States. whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than One thousand dollars, Or imprisoned, not more than one year, or both. Nothing in this section shall prevent any miner Or agriculturist from clearing his land in the ordinary Working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking And nothing in this section shall interfere with or take away any right or privilege under any existing law Of the United States to cut or remove timber from any public lands. (June 3, 1878, c. 151, § 4, 20 Stat. 90. Aug. 4, 1892, c. 375, § 2, 27 Stat. 348. March 4, 1909, c. 321, § 49, 35 Stat. 1098.) § 10217. (Crim. Code, § 50, amended.) Same; on Indian lands or trust allotments—Whoever Shall unlawfully cut, or aid in unlawfully cutting, or Shall wantonly injure or destroy, or procure to be WantOnly injured or destroyed, any tree, growing, Standing, Or being upon any land of the United States Which, in pursuance of law, has been reserved or purchased by the United States for any public use, Or upon any Indian reservation, or lands belonging. to Or Occupied by any tribe of Indians under the au- thority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hun- dred dollars, or imprisoned not more than one year, Or both. (R. S. § 5388, amended, June 4, 1888, c. 340, 25 Stat. 166. March 4, 1909, c. 321, § 50, 35 Stat. 1098. June 25, 1910, c. 431, § 6, 36 Stat. 857.) § 10218. (Crim. Code, § 51.) Boxing trees for turpentine—Whoever shall cut, chip, chop, or box any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, en- try, Selection, Or location, made under any law of the United States, for the purpose of obtaining from Such tree any pitch, turpentine, or other substance, Or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other substance, or any article Or Commodity made from any such pitch, turpentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from | Such trees, Shall be fined not more than five hundred dollars, Or imprisoned not more than one year, or both. . 1909, c. 321, § 51, 35 Stat. 1098.) (June 4, 1906, c. 2571, 34 Stat. 208. March 4, § 10219. (Crim. Code, § 52.) Setting fire to timber on public lands—Whoever shall willfully set on fire, or cause to be set on fire, any timber, under- brush, or grass upon the public domain, or shall leave or Suffer fire to burn unattended near any tim- ber Or Other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. (Feb. 24, 1897, c. 313, § 1, 29 Stat. 594, amended, May 5, 1900, c. 349, 31 Stat. 169. March 4, 1909, c. 321, § 52, 35 Stat. 1098.) § 10220. (Crim. Code, § 53, amended.) Fail- ing to extinguish fires—Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any In- dian reservation, Or lands belonging to or Occupied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the GOvernment, Or while the same shall remain inalien- able by the allottee without the consent of the United States, shall, before leaving said fire, totally extin- guish the Same; and Whoever shall fail to do so shall Ch. 4) & 10229 THE CRIMINAL CODE [Page 1687] - be fined not more than one thousand dollars, or im- prisoned not more than one year; or both. (Feb. 24, 1897, c. 313, § 2, 29 Stat. 594, annended, May 5, 1900, C. 349, 31 Stat. 170. - Stat. 1098. June 25, 1910, c. 431, § 6, 36 Stat. 857.) § 10221. (Crim. Code, § 54.) Fines paid into school funds—In all cases arising under the two pre- ceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. (Feb. 24, 1897, c. 313, § 3, 29 Stat. 594. May 5, 1900, C. 349, 31 Stat. 170. March 4, 1909, c. 321, § 54, 35 Stat. 1099.) - - § 10222. (Crim. Code, s” 55.) Trespassing on Bull Run National Forest—Whoever, except for- est rangers and other persons employed by the United States to protect the forest, federal, and state officers in the discharge of their duties, and the employees of the water board of the city of Portland, State of Oregon, shall knowingly trespass upon any part of the reserve known as Bull Run National Forest, in the Cascade Mountains, in the State of Oregon, or Shall enter thereon for the purpose of grazing stock, Or shall engage in grazing stock thereon, or shall per- mit stock of any kind to graze thereon, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (April 28, 1904, c. 1774, 33 Stat. 526. March 4, 1909, c. 321, § 55, 35 Stat. 1099.) § 10223. (Crim. Code, § 56.) Breaking fences or driving cattle on inclosed public lands—Who- ever shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock up- On any such lands for the purposes of destroying the grass or trees on said lands, or where they may de- stroy the said grass or trees; or whoever shall know- ingly permit his cattle, horses, hogs, or other live Stock, to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both: Provided, That nothing in this section shall be construed to apply to unreserved pub- lic lands. (March 3, 1875, c. 151, §§ 2, 3, 18 Stat. 481, 482. March 4, 1909, c. 321, § 56, 35 Stat. 1099.) § 10224. (Crim. Code, § 57.) Injuring or re- moving survey marks—Whoever shall willfully de- stroy, deface, change, or remove to another place any section corner, quarter-section corner, or mean- der post, on any Government line of Survey, or shall willfully cut down any witness tree or any tree blaz- ed to mark the line of a Government survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than two hundred and fifty dollars, Or imprisoned not more than six months, or both. March 4, (June 10, 1896, c. 398, § 1, 29 Stat. 343. 1909, c. 321, § 57, 35 Stat. 1099.) - - § 10225. (Crim. Code, § 58.) Interrupting surveys—Whoever in any manner, by threats or force, shall interrupt, hinder, or prevent the surveying of the public lands, Or of any private land claim which has been Or may be confirmed by the United States, by the persons authorized to survey the same, in con- formity with the instructions of the Commissioner of the General Land Office, shall be fined not more than three thousand dollars and imprisoned not more than three years. (R. S. § 2412. March 4, 1909, c. 321, § 58, 35 Stat. 1099.) . § 10226. (Crim. Code, $ 59.) Agreement to prevent bids at land sales—Whoever, before or at the time of the public sale of any of the lands of the March 4, 1909, c. 321, § 53, 35. authorized by law to be made. United States, shall bargain, contract, or agree, or attempt to bargain, contract, or agree with any other perSon, that the last-named person shall not bid upon Or purchase the land so offered for sale, or any parcel thereof; or whoever by intimidation, combina- tion, Or unfair management shall hinder or prevent, Or attempt to hinder or prevent, any person from bidding upon Or purchasing any tract of land SO Offered for Sale, shall be fined not more than One thousand dollars, or imprisoned not more than tWO years, or both. (R. S. § 2373. March 4, 1909, c. 321, § 59, 35 Stat. 1099.) - - § 10226a. Willful and false representations to intending purchasers of public lands—Any per- son who, for a reward paid or promised to him in that behalf, shall undertake to locate for an intending pur- Chaser, settler, or entryman any public lands of the TJnited States subject to disposition under the pub- lic-land laws, and who shall willfully and falsely rep- resent to such intending purchaser, settler, or entry- man that any tract of land shown to him is public land of the United States Subject to sale, settlement, or entry, or that it is of a particular surveyed de- scription, with intent to deceive the person to whom Such representation is made, Or Who, in reckless dis- regard of the truth, shall falsely represent to any Such perSOn that any tract of land shown to him is public land Of the United States subject to sale, Set- tlement, Or entry, Or that it is of a particular Sur- Veyed description, thereby deceiving the person to whom such representation is made, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not exceeding $300 or by imprisonment for a term not exceeding One year, or by both such fine and imprisonment. (Feb. 23, 1917, c. 115, 39 Stat. 936.) § 10227. Inducing conveyances by Indians of trust interests in lands—It shall be unlawful for any person to induce any Indian to execute any con- tract, deed, mortgage, Or Other instrument purport- ing to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such Contract, deed, mortgage, or other instru- ment for record in the Office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon Conviction shall be punished by a fine not exceeding five hundred dol- lars for the first offense, and if convicted for a sec- ond, offense may be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this sec- tion shall not apply to any lease or other contract (June 25, 1910, c. 431, § 5, 36 Stat. 857.) . ' § 10228. (Crim. Code, § 60.) Injuries to tele- graph lines—Whoever shall willfully or maliciously injure or destroy any of the works, property, or ma- terial of any telegraph, telephone, Or Cable line, or system, operated or controlled by the United States, whether constructed or in process of construction, or shall willfully or maliciously interfere in any way with the working or use of any such line, or system, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than One thousand dollars, Or imprisoned not more than three years, or both. (June 23, 1874, c. 461, 18 Stat. 250. March 4, 1909, c. 321, § 60, 35 Stat. 1099.) § 10229. (Crim. Code, § 61.). Counterfeiting weather forecasts—Whoever, shall knowingly issue or publish any counterfeit weather forecast or warning of weather conditions falsely representing Such fore- cast or warning to have been issued or published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined not more than five hundred dollars, or imprison- ed not more than ninety days, or both. (March 3, 1905, 3 10230 (Tit. 69A THE CRIMINAL CODE [Page 1688] c. 1405, 33 Stat. 864. March 4, 1909, c. 321, § 61, 35 Stat. 1088.) . § 10230. (Crim. Code, § 62.) Molesting Ani- mal Industry employees; using deadly weapon— Whoever shall forcibly assault, resist, oppose, pre- Vent, impede, Or interfere with any officer or employee Of the Bureau Of Animal Industry Of the Department Of Agriculture in the execution of his duties, or On account of the execution of his duties, shall be fined not more than one thousand dollars, or imprisoned Inot more than One year, or both ; and whoever shall (Ise any deadly or dangerous weapon in resisting any officer or employee of the Bureau of Animal Industry Of the Department Of Agriculture in the execution Of his duties, with intent to Commit a bodily injury upon him. Or to deter Or prevent him from discharging his duties, or On account of the performance of his duties, shall be fined not more than one thousand dollars, Or imprisoned not more than five years, Or both. (March 3, 1905, c. 1496, § 4, 33 Stat. 1265. March 4, 1909, c. 321, § 62, 35 Stat. 1100.) § 10231. (Crim. Code, § 63.) Forging customs entry certificates—Whoever shall forge, Counterfeit, Or falsely alter any Certificate of entry made or re- quired to be made in pursuance of law by any Officer Of the customs, Or shall use any such forged, Counter- feited or falsely altered Cºrtificate, knowing the Same to be forged, Counterfeited, Or falsely altered, shall be fined not more than ten thousand dollars and imprisoned not more than three years. (R. S. § 5417. March 4, 1909, c. 321, § 63, 35 Stat. 1100.) § 10232. (Crim. Code, § 64.) Concealing or destroying invoices—Whoever shall Willfully COn- Ceal or destroy any invoice, book, Or paper relat- ing to any merchandise liable to duty, which haS been or may be imported into the United States from any foreign port Or Country, after an in- spection thereof has been demanded by the Col- lector of any collection district, or shall at any time Conceal or destroy any such invoice, book, Or paper for the purpose of suppressing any evidence of fraud therein contained, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. (R. S. § 5443. March 4, 1909, C. 321, § 64, 35 Stat. 1100.) § 10233. (Crim. Code, § 65.) Resisting reve- mue officers, rescuing or destroying seized property; using deadly weapon—Whoever shall forcibly assault, resist, oppose, prevent, impede, Or interfere with any officer of the Customs Or Of the internal revenue, Or his deputy, Or any person as- sisting him in the execution of his duties, or any person authorized to make searches and seizures, in the execution Of his duty, or shall rescue, attempt to rescue, Or Cause to be rescued, any prop- erty which has been seized by any person so authoriz- ed; or whoever before, at, or after such seizure, in order to prevent the seizure or securing of any goods, wares, or merchandise by any perSOn SO authorized, shall stave, break, throw Overboard, destroy, or remove the same, shall be fined not more than two thousand dollars, Or imprisoned not more than One year, or both ; and whoever shall use any deadly or danger- Ous weapon in resisting any person authorized to make searches or seizures, in the execution of his duty, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duty, shall be imprisoned not more than ten years. (R. S. § 5447. March 4, 1909, c. 321, § 65, 35 Stat. 1100.) § 10234. (Crim. Code, § 66.) Falsely assuming to be revenue officer—Whoever shall falsely repre- sent himself to be a revenue officer, and, in such as- sumed Character, demand or receive any money or other article of value from any person for any duty or tax due to the United States, or for any violation or pretended violation of any revenue law of the United States, Shall be fined not more than five hun- dred dollars and imprisoned not more than two years. (R. S. § 5448. March 4, 1909, c. 321, § 66, 35 Stat. 1100.) § 10235. (Crim. Code, § 67.) Offering presents to customs officer—Whoever, being engaged in the importation into the United States of any goods, wares, or merchandise, or being interested as prin- Cipal, Clerk, Or agent in the entry Of any goods, Wares, Or merchandise, shall at any time make, or offer to Imake, to any officer of the revenue, any gratuity or present Of money Or Other thing of value, shall be fined not more than five thousand dollars, or impris- oned not more than twosyears, or both. (R. S. § 5452. March 4, 1909, c. 321, § 67, 35 Stat. 1100.) § 10236. (Crim. Code, § 68.) Admitting en- tries for less than legal duty—Whoever, being an officer of the revenue, shall, by any means what- ever, knowingly admit Or aid in admitting to entry, any goods, wares, or merchandise, upon payment of less than the amount of duty legally due thereOn, shall be removed from Office and fined not more than five thousand dollars, or imprisoned not more than two years, or both. (R. S. § 5444. March 4, 1909, C. 321, § 68, 35 Stat. 1101.) - § 10237. (Crim. Code, § 69.) Securing false entry of goods—Whoever, by any means Whatever, shall knowingly effect, or aid in effecting, any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classifica- tion thereof as to quality or value, or by the payment of less than the amount of duty legally due thereon, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. (R. S. § 5445. March 4, 1909, c. 321, § 69, 35 Stat. 1101.) § 10238. (Crim. Code, § 70.) False certifica- tion by consular officer—Whoever, being a Consul, or Vice-consul, ore other person employed in the Con- sular service of the United States, shall knowingly certify falsely to any invoice, or other paper, to which his certificate is by law authorized or required, Shall be fined not more than ten thousand dollars and im- prisoned not more than three years. (R. S. § 5442. March 4, 1909, c. 321, $ 70, 35 Stat. 1101.) - § 10239. (Crim. Code, § 71.) Taking seized property from revenue officer—Whoever Shall dis- possess or rescue, or attempt to dispossess or rescue any property taken or detained by any officer or other person under the authority of any revenue law of the United States, or shall aid or assist therein, Shall be fined not more than three hundred dollars and im- prisoned not more than one year. . . (R. S. § 5446. March 4, 1909, c. 321, § 71, 35 Stat. 1101.) § 10240. (Crim. Code, § 72.) Forging or alter- ing ship’s or custom-house papers-Whoever shall falsely make, forge, counterfeit, or alter any in St.TUI- ment in imitation of, or purporting to be, an abstract or official copy or certificate of the recording, registry, or enrollment of any vessel, in the office Of any Col- lector of the customs, or a license to any Vessel for carrying on the coasting trade or fisheries of the United States, or a certificate of ownership, pass, passport, sea letter, or clearance, granted for any ves- sel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs by Vir- tue of his office; or whoever shall utter, publish, Or pass, or attempt to utter, publish, or pass, as true, any such false, forged, counterfeited, or falsely alter- ed instrument, abstract, official copy, Certificate, li- cense, pass, passport, sea letter, Clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, Counterfeited, or falsely altered, with an intent to defraud, shall be fined not more than one thousand dollars and impris- oned not more than three years. (R. S. § 5423. March 4, 1909, c. 321, $ 72, 35 Stat. 1101.) - Ch. 4) 3 10244 THE CRIMINAL CODE [Page 1689] § 10240a. Counterfeiting government seal; fraudulently or wrongfully affixing seal of exec- utive departments to certificate or instrument or wrongfully using such certificate or instru- ment—Whoever shall fraudulently or wrongfully af- fix Or impress the Seal of any executive department, or of any bureau, commission, or office of the United States, to or upon any certificate, instrument, Com- mission, document, or paper Of any description ; Or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certifi- Cate, instrument, commission, document, or paper, to which or upon which said Seal has been so fraudulent- ly affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, title X, § 1, 40 Stat. 227.) § 10240b. Same; falsely making or forging seal of executive department—Whoever shall false- ly make, forge, counterfeit, mutilate, or alter, or Cause Or procure to be made, forged, Counterfeited, mutilated, or altered, or shall willingly assist in false- ly making, forging, counterfeiting, mutilating, or al- tering, the seal of any executive department, or any bureau, commission, or office of the United States, or whoever shall, knowingly use, affix, or impress any such fraudulently made, forged, counterfeited, muti- lated, or altered seal to or upon any certificate, in- strument, commission, document, or paper, of any de- scription, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or altered seal, know- ing the same to have been so falsely made, forged, Counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. (June 15, 1917, c. 30, title X, § 2, 40 Stat. 228.) § 10240c. Same; falsely making or forging naval, military, or official pass—Whoever shall falsely make, forge, counterfeit, alter, or tamper with any naval, military, or official pass or permit, issued by or under the authority of the United States, or With Wrongful or fraudulent intent shall use or have in his possession any such pass or permit, or shall perSonate or falsely represent himself to be or not to be a person to whom such pass or permit has been duly issued, or shall willfully allow any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or im- prisoned not more than five years, or both. (June 15, 1917, c. 30, title X, $ 3, 40 Stat. 228.) § 10241. (Crim. Code, § 73.) Forging military bounty-land warrants—Whoever shall falsely make, alter, forge, or counterfeit any military bounty-land Warrant, or military bounty-land warrant certificate, issued or purporting to have been issued by the Com- missioner of Pensions under, any law of Congress, or any Certificate or duplicate certificate of location of any military bounty-land warrant, or military bounty- land Warrant certificate upon any of the lands of the United States, or any certificate or duplicate certifi- Cate of the purchase of any of the lands of the United States, or any receipt or duplicate receipt for the pur- chase money of any of the lands of the United States, issued or purporting to have been issued by the regis- ter and receiver at any land office of the United States or by either of them; or whoever shall utter, publish, Or pass as true, any such false, forged, or counter- feited military bounty-land warrant, military bounty- land warrant certificate, certificate or duplicate cer- tificate of location, certificate or duplicate certificate of purchase, receipt or duplicate receipt for the pur- Chase money of any of the lands of the United States, knowing the same to be false, forged, or counterfeited, Shall be imprisoned not more than ten years. (R. S. § 5420. March 4, 1909, c. 321, § 73, 35 Stat. 1101.) § 10242. (Crim. Code, § 74.) Forging certifi- cates of citizenship—Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or shall knowingly aid Or assist in falsely making, forging, Or Counterfeiting any Certificate of Citizenship, with intent to use the same, or with the intent that the same may be used by Some other person, shall be fined not more than ten thousand dollars, Or imprisoned not more than ten years, or both. (June 29, 1906, c. 3592, § 16, 34 Stat. 602. March 4, 1909, c. 321, § 74, 35 Stat. 1102.) § 1024.2a. Forging certificate of discharge from military or naval serviee or using such forged certificate—Whoever Shall forge, Counter- feit, or falsely alter any certificate of discharge from the military Or naval Service Of the United States, or shall in any manner aid Or assist in forging, Counter- feiting, or falsely altering any such certificate, or shall use, unlawfully have in his possession, exhibit, Or Cause to be used Or exhibited, any such forged, COunterfeited, or falsely altered certificate, knowing the same to be forged, counterfeited, or falsely alter- ed, shall be fined not more than $1,000 or imprisoned not more than one year, Or both, in the discretion of the court. (March 4, 1917, c. 180, 39 Stat. 1182.) § 10243. (Crim. Code, § 75.) Engraving coun- terfeit plates for citizenship certificates; print- ing; distinctive paper—Whoever shall engrave, Or Cause or procure to be engraved, or assist in engrav- ing, any plate in the likeness of any plate designed for the printing of a certificate of citizenship ; Or whoever shall sell any such plate, or shall bring into the United States from any foreign place any Such plate, except under the direction of the Secretary of Commerce and Labor or other proper officer; or Who- ever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to suffer such plate to be used in forging or counterfeiting any such certifi- cate or any part thereof; or Whoever shall print, photograph. or in any manner cause to be printed, photographed, made, or executed, any print or im- pression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certifi- cate, or shall bring the same into the United States from any foreign place, except by direction of Some proper officer of the United States; or whoever shall have in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent unlaw- fully to use the same, shall be fined not more than ten thousand dollars, Or imprisoned not more than ten years, or both. (June 29, 1906, c. 3592, § 17, 34 Stat. 602. March 4, 1909, c. 321, § 75, 35 Stat. 1102.) § 10244. (Crim. Code, § 76.) False personation in procuring naturalization—Whoever, when ap- plying to be admitted a citizen, or when appearing as a witness for any such person, shall knowingly per- Sonate any person other than himself, or shall falsely appear in the name of a deceased person, or in an assumed or fictitious name; or whoever shall falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, order, record, signature, or other instru- ment, paper, or proceeding required or authorized by any law relating to or providing for the naturaliza- tion of aliens; or whoever shall utter, sell, dispose of, or shall use as true or genuine, for any unlawful purpose, any false, forged, antedated, Or Counterfeit oath, notice, certificate, Order, record, signature, in- strument, paper, or proceeding above specified ; or whoever shall sell or dispose of to any person. Other than the person for whom it was originally issued any certificate of citizenship or certificate showing any person to be admitted a citizen, shall be fined not more than one thousand dollars, or imprisoned & 10245 (Tit. 69A THE CRIMINAT, CODE IPage 16901 not more than five years, or both. (R. S. § 5424. March 4, 1909, c. 321, § 76, 35 Stat. 1102.) § 10245. (Crim. Code, § 77.) Using false cer- tificate of citizenship; citizenship blanks; deny- ing citizenship—Whoever shall use or attempt to use, or shall aid, assist, or participate in the use of any certificate of citizenship, knowing the same to be forged, Counterfeit, or antedated, or Same to have been procured by fraud or otherwise unlawfully obtained ; or whoever, without lawful ex- cuse, shall knowingly possess any false, forged, ante- dated, or counterfeit certificate of citizenship purport- ing to have been issued under any law of the United States relating to naturalization, knowing such certifi- cate to be false, forged, antedated, or counterfeit, with the intent unlawfully to use the same; or who- ever shall obtain, accept, or receive any certificate of citizenship, knowing the same to have been procured by fraud or by the use or means of any false name or statement given or made with the intent to pro- cure, or to aid in procuring, the issuance of such cer- tificate, or knowing the same to have been fraudulent- ly altered or antedated; or whoever, without lawful excuse, shall have in his possession any blank certifi- Cate of citizenship provided by the Bureau of Impmi- gration and Naturalization with the intent unlawfully to use the same ; or whoever, after having been ad- mitted to be a citizen, shall, on oath or by affidavit, knowingly deny that he has been so admitted, with the intent to evade or avoid any duty or liability im- posed or required by law, shall be fined not more than One thousand dollars, or imprisoned not more than five years, or both. - c. 3592, § 19, 34 Stat. 602. March 4, 1909, c. 321, § 77, 35 Stat. 1102.) . . . § 10246. (Crim. Code, § 78.) Attempting to vote on false certificate—Whoever shall in any man- ner use, for the purpose of registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate of citizenship, or certificate, judgment, Or exemplification, showing any person to be admitted to be a citizen, whether heretofore, or hereafter issued or made, knowing that such order, Certificate, judgment, or exemplification has been un- lawfully issued or made; or whoever shall unlaw- fully use, Or attempt to use, any such order or cer- tificate, issued to or in the name of any other person, Or in a fictitious name, or the name of a deceased person, Shall be fined not more than one thousand dol- lars, or imprisoned not more than five years, or both. (R. S. § 5426. March 4, 1909, c. 321, § 78, 35 Stat. 1103.) - § 10247. (Crim. Code, § 79.) Falsely claim- ing citizenship—Whoever shall knowingly use any certificate of naturalization heretofore or which hereafter may be granted by any court, which has been or may be procured through fraud or by false evidence, Or which has been or may hereafter be is- sued by the clerk, or any other officer of the court without any appearance and hearing of the appli- Cant in court and without lawful authority ; or who- ever, for any fraudulent purpose whatever, shall falsely represent himself to be a citizen of the United States without having been duly admitted to Citizenship, Shall be fined not more than one thou- Sand dollars, or, imprisoned not more than two years, or both. (R. S. § 5428. March 4, 1909, c. 321, § 79, 35 Stat. 1103.) - * § 10248. (Crim. Code, § 80.) Falsely swear- ing in maturalization cases—Whoever, in any pro- ceeding under or by virtue of any law relating to the naturalization of aliens, shall knowingly swear false- ly in any case where an oath is made or affidavit tak- knowing the (R. S. § 5425. June 29, 1906, election to any political office. en, shall be fined not more than one thousand do - lars and imprisoned not more than five years. (R. S. § 5395. March 4, 1909, c. 32.É, § 80, 35 Stat. 1103.) § 10249. (Crim. Code, § 81.) Provisions ap- plicable to all courts of naturalization—The pro- visions of the five sections last preceding shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceed- ing for naturalization may be commenced or attempt- ed to be COmmenced, and whether such court was vested by law with jurisdiction in naturalization pro- ceedings or not. (R. S. § 5429. March 4, 1909, C. 321, § 81, 35 Stat. 1103.) - - - ' § 10250. (Crim. Code, § 82.) Shanghaiing sailors—Whoever, with intent that any person shall’ perform Service or labor of any kind on board of any VeSSel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigat- ing the high seas Or any navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by repre- sentations which he knows or believes to be untrue, or while the person so procured or induced is intoxi- cated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or whoever, shall knowingly detain on board of any such vessel any person so procured or induced to go on board. thereof, or to enter into any agreement to go on board' thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein made unlawful, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. (June 28, 1906, c. 3583, §§ 1–3, 34 Stat. 551, amended, March 2, 1907, c. 2539, 34 Stat. 1233. March 4, 1909, c. 321, § 82, 35 Stat. 1103) Tsio251. (Crim. Code, s sa.) Corporations contributing for political elections—It shall be unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a money contribution in connection with any It shall also be unlaw- ful for any corporation whatever to make a money. Contribution in connection with any election at which Presidential and Vice-Presidential electors, or a Rep- resentative in Congress is to be voted for, or any election by any State legislature of a United States Senator. Every corporation which shall make any contribution in violation of the foregoing provisions shall be fined not more than five thousand dollars; and every officer or director of any corporation who shall consent to any contribution by the Corporation in violation of the foregoing provisions shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864. March 4, 1909, c. 321, § 83, 35 Stat. 1103.) . . . . . . ~ § 10252. (Crim. Code, § 84.) Hunting or taking eggs on bird-breeding grounds—Whoever shall hunt, trap, capture, willfully disturb, or kill any bird of any kind whatever, or take the eggs Of any such bird, on any lands of the United States Which have been set apart or reserved as breeding grounds for birds, by any law, proclamation, or executive Or- der, except under such rules and regulations as the Secretary of Agriculture may, from time to time, pre- scribe, shall be fined not more than five hundred dol- lars, or imprisoned not more than six months, or both. (June 28, 1906, c. 3565, 34 Stat. 536. March 4, 1909, c. 321, § 84, 35 Stat. 1104.) - . - - - Ch. 5) & 10262 THE CRIMINAL CODE [Page 16911 Chapter Five—Offenses Relating to Sec. Official Duties - 10253. Extortion. - - 10254. Receipting for larger sums than are paid. . 10255. Disbursing officers unlawfully using public money. 10256. Failure of depositaries to safely keep public deposits. 10257. Custodian failing to keep public moneys. - 10258. Failure to render accounts. - - 10259. Failure to deposit as required. 10260. Persons affected. 10261. 10262. Record evidence of embezzlement. Prima facie evidence. 10263. Evidence of conversion. - 10264. Banker receiving unauthorized deposit of public money. 10265. Embezzlement by internal-revenue officer. . .” 10266. Officer contracting beyond specific appropriation. 10267. 10268. 10269. 10270. 10271. 10272. 10273. 10274. 10275. 10276. 10277. 10278. 102.79. 10280. - 10281. 10282. 10283. 10284. 10285. 10286. 10287. 102.88. 10289. 10290. 10291. 10292. Count officers failing to deposit money; delivery on Se- curity. p : - Receiving loan from court officer. Failure to make returns or reports. - False entries in accounts or records, or false reports of public or trust moneys or securities. Aiding in obscene literature trade. - - T. in public property by collecting or disbursing Office I’. . 1 .. , - Court officials purchasing fees at less than face value. Falsely certifying as to record of deeds. Other false certificates. f • . Steamboat inspectors taking illegal fees. Pension agents taking fee. - Officers interested in claims against United States. Same; members of National Guard of District of Co- lumbia, not prohibited. . . . . . Accepting bribe by Member of Congress. “ Offering bribe to Member of Congress. - Member of Congress taking consideration for procuring contract; offering Member consideration. Receiving pay by Senator or Member of Congress in matters affecting United States. Member of Congress contracts void. Making official contract with Member of Congress. Contracts not affected. - Official accepting bribe. Political contributions; solicitation. Same; not to be received, in public offices. Same; immunity from official proscription. Same; making to officiais. - Same; punishment. & - 10293. Officials giving advance information of crop reports. 10294. Official knowingly issuing false crop reports. § 10253. ery officer, clerk, agent, or employee of the United States, and every person representing himself to be Or assuming to act as Such Officer, Clerk, agent, Or em- ployee, who, under color of his office, Clerkship, agen- cy, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall at- tempt any act which if performed would make him guilty of extortion, shall be fined not more than five hundred dollars, Or imprisoned not more than one year, or both. (R. S. § 5481, amended, June 28, 1906, c. 3574, 34 Stat. 546. March 4, 1909, c. 321, § 85, 35 Stat. 1104.) § 10254. (Crim. Code, § 86.) Receipting for larger sums than are paid—Whoever, being an of- ficer, clerk, agent, employee, or other person charged with the payment Of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzle- ment, and Shall be fined in double the amount SO withheld from any employee of the Government and imprisoned not more than two years. March 4, 1909, c. 321, § 86, 35 Stat. 1105.) § 10255. (Crim. Code, § 87.) Disbursing of- ficers unlawfully using public Imoney—Whoever, being a disbursing officer of the United States, or a person acting as such, shall in any manner convert to his own use, or loan with or without interest, or deposit in any place Or in any manner, except as au- ... thorized by law, any public money intrusted to him; or shall, for any purpose not prescribed by law, with- draw from the Treasurer or any assistant treasurer, or any authorized depositary, or transfer, or apply, moneys intrusted to him for safe-keeping, interested in public contracts; (Crim. Code, § 85.) Extortion—EV- (R. S. § 5483. any portion of the public money intrusted to him, shall be deemed guilty of an embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both. (R. S. § 5488. March 4, 1909, c. 321, § 87, 35 Stat. 1105.). . . . - § 10256. (Crim. Code, § 88.) Failure of de- positaries to safely keep public deposits—If the Treasurer of the United States Or any assistant treas- urer, or any public depositary, fails safely to keep all moneys deposited by any disbursing officer or dis- bursing agent, as well as all moneys deposited by any receiver, collector, or other person having money of the United States, he shall be deemed guilty Of em- bezzlement of the moneys not so safely kept, and shall be fined in a sum equal to the amount of money SO embezzled and imprisoned not more than ten years. (R. S. § 5489. March 4, 1909, c. 321, § 88, 35 Stat. 1105.) . . . . - - § 10257. (Crim. Code, § 89.) Custodian fail- ing to keep public moneys—Every officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, who shall loan, use, or convert to his own use, or shall deposit in any bank or exchange for other funds, except as specially allowed by law, any portion of the public - Shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined in a sum equal to the amount of money So embezzled and imprisoned not more than ten years. (R. S. § 5490. March 4, 1909, c. 321, § 89, 35 Stat. 1105.) § 10258. (Crim. Code, § 90.) Failure to ren- der accounts—Every officer or agent of the United States who, having received public money which he is not authorized to retain as salary, pay, Or emolu- ment, fails to render his accounts for the same as provided by law shall be deemed guilty of embezzle- ment, and shall be fined in a sum equal to the amount of the money embezzled and imprisoned not more than ten years. (R. S. § 5491. March 4, 1909, c. 321, § 90, 35 Stat. 1105.) - - . § 10259. (Crim. Code, § 91.) Failure .to de- posit as required—Whoever, having money Of the United States in his possession or under his COntrol, shall fail to deposit it with the Treasurer, Or SOme assistant treasurer, or some public depositary Of the United States, when required so to do by the Secre- tary of the Treasury, or the head of any other proper department, or by the accounting officers of the Treas- ury, shall be deemed guilty of embezzlement thereof, and shall be fined in a sum equal to the almount Of money embezzled and imprisoned not more than ten years. (R. S. § 5492. March 4, 1909, c. 321, § 91, 35 Stat. 1105.) - § 10266. (Crim. Code, § 92.) Persons af- fected—The provisions of the five preceding Sections shall be construed to apply to all persons Charged with the safe-keeping, transfer, or disbursement Of the public money, whether such persons be indicted as receivers or depositaries of the same. (R. S. § 5493. March 4, 1909, c. 321, § 92, 35 Stat. 1105.) § 10261. (Crim. Code, § 93.) Record evi- dence of embezzlement—Upon the trial of any in- dictment against any person for embezzling public money under any provision of the six preceding Sec- tions, it shall be sufficient evidence, prima facie, for the purpose of showing a balance against Such per- son, to produce a transcript from the books and pro- ceedings of the Treasury, as required in civil cases, under the provisions for the settlement of a CCOunts between the United States and receivers Of public money. (R. S. § 5494. March 4, 1909, c. 321, § 93, 35 Stat. 1105.) § 10262. (Crim. Code, § 94.) Prima facie evidence—The refusal of any person, whether in Or out of office, charged with the safe-keeping, transfer, & 10263 (Tit. 69A THE CRIMINAL CODE IPage 1692] or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer Or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deem- ed, upon the trial of any indictment against Such person for embezzlement, prima facie evidence of such embezzlement. (R. S. § 5495. March 4, 1909, C. 321, § 94, 35 Stat. 1106.) § 10263. (Crim. Code, § conversion—If any officer charged with the dis- bursement of the public moneys accepts, receives, Or transmits to the Treasury Department to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid to such creditor in such funds as the officer received for dis- bursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher. (R. S. § 5496. March 4, 1909, c. 321, § 95, 35 Stat. 1106.) § 10264. (Crim. Code, § 96.) Banker receiv- ing unauthorized deposit of public money-Every banker, broker, or other person not an authorized depositary of public moneys, who shall knowingly re- ceive from any disbursing officer, or collector of in- ternal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or shall use, transfer, convert, appropriate, Or apply any portion of the public money for any purpose not prescribed by law ; and every president, cashier, tell- er, director, or other officer of any bank or banking association who shall violate any provision of this section is guilty of embezzlement of the public money so deposited, loaned, transferred, used, converted, ap- propriated, or applied, and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both. c. 321, § 96, 35 Stat. 1106.) § 10265. (Crim. Code, § 97.) Embezzlement by internal-revenue officer—Any officer Connected with, or employed in, the Internal-Revenue Service of the United States, and any assistant of Such offi- cer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any as- sistant of such officer, who shall embezzle or wrong- fully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as Such officer or assistant, whether the same shall be the money Or property of the United States or of some other per- son or party, shall, where the offense is not otherwise punishable by some statute of the United States, be fined not more than the Value of the money and prop- erty thus embezzled or converted, or imprisoned not more than ten years, or both. (R. S. § 5497, amended, Feb. 3, 1879, c. 42, 20 Stat. 280. March 4, 1909, c. 321, § 97, 35 Stat. 1106.) § 10266. (Crim. Code, § 98.) Officer contract- ing beyond specific appropriation—Whoever, being an officer of the United States, shall knowingly Con- tract for the erection, repair, or furnishing of any pub- lic building, or for any public improvement, to pay a larger amount than the specific sum appropriated for Such purpose, shall be fined not more than two thou- sand dollars and imprisoned not more than two years. º § 5503. March 4, 1909, c. 321, § 98, 35 Stat. § 10267. (Crim. Code, § 99.) Court officers failing to deposit money; delivery on security— }. º 95.) Evidence of (R. S. § 5497. March 4, 1909, Whoever, being a clerk or other officer of a court of the United States, shall fail forthwith to deposit any money belonging in the registry of the court, or here- after paid into court or received by the officers there- Of, With the Treasurer, assistant treasurer, or a desig- nated depositary of the United States, in the name and to the Credit of such court, or shall retain or con- Vert to his Own use or to the use of another any such money, is guilty of embezzlement, and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both ; but nothing herein Shall be held to prevent the delivery of any such money upon Security, according to agreement of par- ties, under the direction of the court. (R. S. § 5504. March 4, 1909, c. 321, § 99, 35 Stat. 1106.) § 10268. (Crim. Code, § 100.) Receiving loan from court officer—Whoever shall knowingly re- ceive, from a clerk or other officer of a court of the United States, as a deposit, loan, or otherwise, any money belonging in the registry of such court, is guilty Of embezzlement, and shall be punished as pre- scribed in the preceding section. (R. S. § 5505. March 4, 1909, c. 321, § 100, 35 Stat. 1107.) § 10269. (Crim. Code, § 101.) Failure to make returns or reports—Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any Act of Con- greSS or regulation of the Department Of the Treas- ury, other than his accounts, within the time prescrib- ed by Such Act Or regulation, shall be fined, not more than one thousand dollars. (R. S. § 1780. March 4, 1909, c. 321, § 101, 35 Stat. 1107.) § 10270. False entries in accounts or records, or false reports of public or trust moneys or se- curities—Whoever, being an Officer, Clerk, agent, Or other person holding any office or employment under the Government of the United States and, being charg— ed with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, in- jure, or defraud the United States or any person, make in any such account or record any false Or fictitious entry or record of any matter relating to Or connected with his duties, Or Whoever With like intent shall aid or abet any such officer, clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of receiving, holding, or paying over moneys or Secu- rities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any mon- eys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet any such officer, Clerk, agent, or other person in so doing, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (March 4, 1911, c. 270, 36 Stat. 1355.) - § 10271. (Crim. Code, § 102.) Aiding in ob- scene literature trade—Whoever, being an Officer, agent, or employee of the Government of the United States, shall knowingly aid or abet any person engag- ed in violating any provision of law prohibiting im- porting, advertising, dealing in, exhibiting, or sending or receiving by mail, obscene or indecent publications, or representations, or means for preventing Concep- tion or producing abortion, or other article of inde- cent or immoral use or tendency, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 1875. July 24, 1897, c. 11, § 17, 30 Stat. 209. March 4, 1909, c. 321, § 102, 35 Stat. 1107.) - § 10272. (Crim. Code, § 103.) Trading in public property by collecting or disbursing officer —Whoever, being an officer of the United States Con- cerned in the collection or the disbursement Of the revenues thereof, shall carry on any trade or busineSS in the funds or debts of the United States, or of Ch. 5) 2 10282 THE CRIMINAL CODE [Page 1693I any State, or in any public property of either, shall be fined not more than three thousand dollars, or imprisoned not more than one year, or both, and be removed from Office, and thereafter be incapable of holding any office under the United States. i is 1789. March 4, 1909, c. 321, § 103, 35 Stat. 1107. § 10273. (Crim. Code, § 104.) Court officials purchasing fees at less than face value—Whoever, being a judge, clerk, or deputy clerk of any court of the United States, or of any territory thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, commissioner, or other per- SOn holding any office or employment, or position of trust Or profit under the Government of the United States shall, either directly or indirectly, purchase at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other Officer of the court whatsoever, shall be fined not more than one thousand dollars. (Feb. 25, 1897, c. #; 29 Stat. 595. March 4, 1909, c. 321, § 104, 35 Stat. 07.) § 10274. (Crim. Code, § 105.) Falsely certi- fying as to record of deeds—Whoever, being an offi- Cer Or other person authorized by any law of the Unit- ed States to record a conveyance of real property or any other instrument which by such law may be re- COrded, shall knowingly certify falsely that such con- Veyance Or instrument has Or has not been recorded, Shall be fined not more than one thousand dollars, or imprisoned not more than seven years, or both. (March 4, 1909, c. 321, § 105, 35 Stat. 1107.) § 10275. (Crim. Code, § 106.) Other false certificates—Whoever, being a public officer or other person authorized by any law of the United States . to make or give a Certificate or other writing, shall knowingly make and deliver as true such a certifi- Cate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, Shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. (March 4, 1909, c. 321, § 106, 35 Stat. 1107.) § 10276. (Crim. Code, § 107.) Steamboat in- spectors taking illegal fees—Every inspector of Steamboats Who, upon any pretense, receives any fee Or reward for his services, except what is allowed to him by law, shall forfeit his office, and be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (R. S. § 5482. March 4, 1909, c. 321, § 107, 35 Stat. 1107.) § 10277. (Crim. Code, § 108.) Pension agents taking fee—Every pension agent, or other person em- Dloyed or appointed by him, who takes, receives, or demands any fee or reward from any pensioner for any Service in connection with the payment of his pension, shall be fined not more than five hundred dol- lars. (R. S. § 5487. March 4, 1909, c. 321, § 108, 35 Stat. 1107.) - - § 10278. (Crim. Code, § 109.) Officers inter- ested in claims against United States—Whoever, being an officer of the United States, or a person hold- ing any place of trust or profit, or discharging any Official function under, or in connection with, any Ex- ecutive Department of the Government of the United States, or under the Senate or House of Representa- tives of the United States, shall act as an agent or at- torney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or in- terest in any claim from any claimant against the United States, with intent to aid or assist, or in con- sideration of having aided or assisted, in the prosecu- tion Of Such claim, shall be fined not more than five thousand dollars, or imprisoned not more than one (R. S. year, or both. (R. S. § 5498. March 4, 1909, c. 321, § 109, 35 Stat. 1107.) - § 10279. Same; members of National Guard of District of Columbia not prohibited—Members of the National Guard of the District of Columbia who receive compensation for their services as Such shall not be held or construed to be officers of the United States, or persons holding any place of trust Or profit, or discharging any official function under Or in connection with any Executive Department of the Government of the United States within the provi- Sion of section fifty-four hundred and ninety-eight Of the Revised Statutes of the United States. (March 1, 1901, c. 670, § 1, 31 Stat. 844.) § 10280. (Crim. Code, § 110.) Accepting bribe by Member of Congress—Whoever, being elected or appointed a Member of or Delegate to CongreSS, Ol' a Resident Commissioner, shall, after his election Or appointment and either before or after he has quali- fied, and during his continuance in office, directly or indirectly, ask, accept, receive, or agree to re- ceive, any money, property, or other Valuable Con- sideration, or any promise, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to him or to any person with his consent, connivance, or concurrence, for his attention to, Or services, or with the intent to have his action, Vote, or decision influenced, on any question, matter, Cause, or proceeding, which may at any time be pending irſ either House of Congress or before any Commit- tee thereof, or which by law or under the Constitu- tion may be brought before him in his Official CapaC- ity, or in his place as such Member, Delegate, Or Resident Commissioner, shall be fined not more than three times the amount asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place, and there- after be forever disqualified from holding any Office of honor, trust, or profit under the Government of the United States. (R. S. §§ 1781, 5500, 5502. March 4, 1909, c. 321, § 110, 35 Stat. 1108.) § 10281. (Crim. Code, § 111.) Offering bribe to Member of Congress—Whoever shall promise, Of- fer, or give, or cause to be promised, offered, Or given, any money or other thing of value, or Shall make or tender any contract, undertaking, obliga- tion, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any Member of either House of Congress, or Dele- gate to Congress, or Resident Commissioner, aft- er his election or appointment and either before or after he has qualified, and during his continuance in office, or to any person with his consent, conniv- ance, or concurrence, with intent to influence his action, vote, or decision, on any question, matter, cause, or proceeding which may at any time be pend- ing in either House of Congress, or before any com- mittee thereof, or which by law or under the Con- stitution may be brought before him in his official capacity or in his place as such Member, Delegate, Or Resident Commissioner, shall be fined not more than three times the amount Of money Or Value Of the thing so promised, offered, given, made, or ten- dered, and imprisoned not more than three years. (R. S. § 5450. March 4, 1909, c. 321, § 111, 35 Stat. 1108.) § 10282. (Crim. Code, § 112.) Member of Con- gress taking consideration for procuring con- tract; offering Member consideration—Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election. Or appointment and either before Or after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, prop- 3 10283 (Tit. 69A : THE CRIMINAL CODE erty, or other valuable consideration whatever, for procuring, Or aiding to procure, any COntract, ap- pointive office, or place, from the United States Or from any officer or department thereof, for any per- son whatever, or for giving any such contract, ap- pointive office, or place to any person whomsoever; or whoever, directly or indirectly, shall offer, or agree to give, or shall give, or bestow, any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such contract, appointive office, or place, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such contract or agreement may, at the option Of the President, be declared void. (R. S. § 1781. March 4, 1909, c. 321, § 112, 35 Stat. 1108.) § 10283. (Crim. Code, § 113.) Receiving pay - by Senator or Member of Congress in matters af- fecting United States—Whoever, being elected or appointed a Senator, Member of or Delegate to Con- gress, or a Resident Commissioner, shall, after his election. Or appointment and either before Or after he has qualified, and during his continuance in office, Or being the head of a department, or other Officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any Compensation whatever for any services render- ed or to be rendered to any person, either by him- Self or another, in relation to any proceeding, con- tract, claim, Controversy, charge, accusation, arrest, Or Other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall. moreover, thereafter be incapable of holding any of— fice of honor, trust, or profit under the Government Of the United States. c. 321, § 113, 35 Stat. 1109.) § 10284. (Crim. Code, § 114.) Member of Con- gress interested in public contracts; contracts void—Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commis- sioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, him- self, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, exe- cute, hold, or enjoy, in whole or in part, any con- tract Or agreement, made Or entered into in behalf of the United States by any officer or person au- thorized to make contracts on its behalf, shall be fined not more than three thousand dollars. All Con- tracts or agreements made in violation of this sec- tion shall be void; and Whenever any sum of money is advanced by the United States, in consideration of . any such contract or agreement, it shall forthwith be repaid; and in case of failure- or refusal to repay the same when demanded by the proper officer of the department under whose authority such con- tract or agreement shall have been made or entered into, Suit shall at once be brought against the per- Sons so failing or refusing and his sureties, for the recovery of the money so advanced. (R. S. § 3739. March 4, 1909, c. 321, § 114, 35 Stat. 1109.) § 10285. (Crim. Code, § 115.) Making official contract with Member of Congress—Whoever, be- ing an officer of the United States, shall on behalf of the United States, directly or indirectly make Or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Dele- gate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either be- IPage 1694] (R. S. § 1782. March 4, 1909, fore or after he has qualified, and during his con- tinuance in office, shall be fined not more than three thousand dollars. (R. S. § 3742. March 4, 1909, c. 321, § 115, 35 Stat. 1109) - - § 10286, (Crim. Code, § 116.) Contracts not affected—Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract or agreement made or entered into, Or accepted, by any incorporated company, Where Such contract Or agreement is made for the general benefit of such incorporation or company; nor to the purchase Or Sale of bills Of exchange or other prop- erty by any Member of or Delegate to Congress, Or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. (R. S. § 3740. March 4, 1909, c. 321, § 116, 35 Stat. 1109.) - - § 10287. (Crim. Code, § 117.) Official accepting bribe—Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House Of CongreSS, or of any committee of either House, Or of both Houses thereof, shall ask, accept, or re- Ceive any money, or any contract, promise, under- taking, obligation, gratuity, or security for the pay- ment Of money, or for the delivery or conveyance of anything Of Value, with intent to have his decision or action on any question, matter, cause, or proceed- ing which may at any time be pending, or which may by law be brought before him in his official ca- pacity, or in his place of trust or profit, influenced thereby, Shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States. (R. S. §§ #) 5502. March 4, 1909, c. 321, § 117, 35 Stat. § 10288. (Crim. Code, § 118.) Political con- tributions; solicitation—No Senator or Represen- tative in, or Delegate or Resident Commissioner to Congress, or Senator, Representative, Delegate, or Resident Commissioner elect, or officer or employee of either House of Congress, and no executive, ju- dicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval Service of the United States, shall, directly Or indirectly, solicit or receive, or be in any manner COncerned in Soliciting or receiving, any assessment, subscription, or contribution for any political pur- pose whatever, from any officer, clerk, or employee of the United States, of any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. (Jan. 16, 1883, c. 27, § 11, 22 Stat. 406. March 4, 1909, c. 321, § 118, 35 Stat. 1110.) - - § 10289. (Crim. Code, § 119.) Same; not to be received in public offices—No person shall, in any room or building occupied in the discharge of Official duties by any officer or employee of the United States mentioned in the preceding section, or in any navy-yard, fort, or arsenal, solicit in any manner whatever Or receive any contribution of mon- ey or other thing of value for any political purpose whatever. (Jan. 16, 1883, c. 27, § 12, 22 Stat. 407. March 4, 1909, c. 321, § 119, 35 Stat. 1110.) - § 10290. (Crim. Code, § 120.) Same; immu- nity from official proscription—No officer or em- ployee of the United States mentioned in section one Ch. 6) a 10800 THE CRIMINAL CODE [Page 1695T hundred and eighteen, shall discharge, Or promote, or degrade, or in any manner change the Official rank or compensation of any other officer or employee, Or promise or threaten so to do, for giving Or withhold- ing or neglecting to make any contribution of money or other valuable thing for any political purpose. (Jan. 16, 1883, c. 27, § 13, 22 Stat. 407. March 4, 1909, c. 321, § 120, 35 Stat. 1110.) § 10291. (Crim. Code, § 121.) Same; making to officials—No officer, clerk, or other person in the service of the United States shall, directly or indi- rectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of Or Delegate to Congress, Or Resident Commissioner, any money Or Other valu- able thing On account of or to be applied to the pro- motion of any political object whatever. (Jan. 16, 1883, c. 27, § 14, 22 Stat. 407. March 4, 1909, c. 321, § 121, 35 Stat. 1110.) - § 10292. (Crim. Code, § 122.) Same; punish- ment—Whoever shall violate any provision of the four preceding sections shall be fined not more than five thousand dollars, or imprisoned not more than three years, or both. (Jan. 16, 1883, c. 27, § 15, 22 Stat. 407. March 4, 1909, c. 321, § 122, 35 Stat. 1110.) § 10293. (Crim. Code, § 123.) Officials giving advance information of crop reports—Whoever, being an officer or employee of the United States or a person acting for or on behalf of the United States in any capacity under or by virtue of the authority Of any department Or Office thereof, and while hold- ing such office, employment, or position shall, by vir- tue of the office, employment, or position held by him, become possessed of any information which might ex- ert an influence upon or affect the market value of any product of the soil grown within the United States, which information is by law or by the rules of the department or office required to be withheld from publication until a fixed time, and shall will- fully impart, directly or indirectly, such information, Or any part thereof, to any perSOIn not entitled under the law. Or the rules of the department Or Office to: receive the same; or shall, before such information is made public through regular official channels, di- rectly or indirectly speculate in any such product re- Specting which he has thus become possessed of such information, by buying or selling the same in any quantity, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That no person shall be deemed guil- ty of a violation of any such rule, unless prior to Such alleged violation he shall have had actual knowl- #. netwº (March 4, 1909, c. 321, § 123, 35 Stat. § 10294. (Crim. Code, § 124.) Official know- ingly issuing false crop reports—Whoever, being an Officer or employee of the United States and Whose duties require the compilation or report of sta- tistics or information relative to the products of the Soil, shall knowingly compile for issuance, or issue, any false statistics or information as a report of the United States, shall be fined not more than five thou- Sand dollars, or imprisoned not more than five years, or both. (March 4, 1909, c. 321, § 124, 35 Stat. 1111.) Chapter Six—Offenses Against Public Sec. Justice 10295. Perjury. 10296. Subornation of perjury. 10297. Stealing or altering process; procuring false bail. 10298. Destroying public records. 10299. Destroying records by officer in charge. 10300. Forging signature of judge. 10301. Bribery of judicial officer. . 10302. Accepting bribe ; judicial officer. 10303. Same; juror or referee. 10304. Same; witness. 10305. Attempting to influence witness, juror, or officer. 10306. Conspiring to intimidate party, witness, or juror. 10307. Attempt to influence juror by writing. - Sec. 10308. Allowing prisoner to escape. 10309. Same; application of provisions. 10310. Obstructing process or assaulting officer. - 10311. Rescuing prisoner; concealing person from arrest. 10312. Rescue at execution. 10313. Rescue of prisoner. 10314. Rescue of dead body of executed offender. 10315. Extortion by informer. 10316. Misprision of felony. § 10295. (Crim. Code, § 125.) Perjury—Who- ever, having taken an oath before a competent tri- bunal, officer, or person, in any case in which a law Of the United States authorizes an oath to be admin- istered, that he will testify, declare, depose, Or Cer- tify truly, or that any Written testimony, declara- tion, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such Oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and im- prisoned not more than five years. (R. S. § 5392. March 4, 1909, c. 321, § 125, 35 Stat. 1111.) § 10296. (Crim. Code, § 126.) Subornation of perjury—Whoever shall procure another to Commit any perjury is guilty of subornation of perjury, and punishable as in the preceding section prescribed. (R. S. § 5393. March 4, 1909, c. 321, § 126, 35 Stat. 1111.) - - § 10297. (Crim. Code, § 127.) Stealing or al- tering process; procuring faſlse bail-Whoever shall feloniously steal, take away, alter, falsify, or otherwise avoid any record, writ, process, or Other proceeding, in any court of the United States, by means whereof any judgment is reversed, made Void, or does not take effect; or whoever shall acknowledge, or procure to be acknowledged, in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the Same, shall be fined not more than five thousand dollars, Or imprisoned not more than seven years, or both; but this provision shall not extend to the acknowledg- ment of any judgment by an attorney, duly admitted, for any person against whom such judgment is had or given. (R. S. § 5394. March 4, 1909, c. 321, § 127, 35 Stat. 1111.) - § 10298. (Crim. Code, § 128.) Destroying public records—Whoever shall willfully and unlaw- fully conceal, remove, mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, Or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk Or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than tWO thousand dollars, or imprisoned not more than three years, or both. (R. S. § 5403. March 4, 1909, c. 321, § 128, 35 Stat. 1111.) . - § 10299. (Crim. Code, § 129.) Destroying rec- ords by officer in charge—Whoever, having the cus- tody of any record, proceeding, map, book, document, paper, or other thing specified in the preceding sec- tion, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such rec- ord, proceeding, map, book, document, paper, or thing, Shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his Office and be forever afterward disqualified from holding any office under the Government of the United States. (R. S. § 5408. March 4, 1909, c. 321, § 129, 35 Stat. 1112.) § 10300. (Crim. Code, § 130.) Forging signa- ture of judge—Whoever shall forge the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or shall forge Or Counterfeit the Seal Of any such Court, or shall knowingly concur in using any such forged ź 10301 (Tit. 69A THE CRIMINAL CODE IPage 1696] or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding Or document with a false or counterfeit signature. Of any Such judge, register, or other officer, or a false Or COunter- feit Seal Of the court, Subscribed Or attached theretO, knowing Such signature Or seal to be false Or COunter- feit, shall be fined not more than five thousand dol- lars and imprisoned not more than five years. (R. S. § 5419. March 4, 1909, c. 321, § 130, 35 Stat. 1112.) § 10301. (Crim. Code, § 131.) Bribery of ju- dicial officer—Whoever, directly or indirectly, shall give or offer, or cause to be given or offered any money, property, or value of any kind, Or any prom- ise or agreement therefor, Or any other bribe, to any judge, judicial officer, or other person authorized by any law of the United States to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, Opinion, Or decision thereon, Or because Of any Such action, Vote, opinion, or decision, shall be fined not more than twenty thousand dollars, Or imprisoned not more than fifteen years, or both; and shall forever be dis- qualified to hold any office of honor, trust, or profit under the United States. (R. S. § 5449. March 4, 1909, c. 321, § 131, 35 Stat. 1112.) § 10302. (Crim. Code, § 132.) Accepting bribe; judicial office—Whoever, being a judge of the |United States, Shall in anywise accept or receive any sum of money, or other bribe, present, or reward, or any promise, Contract, obligation, gift, Or security for the payment of money, or for the delivery or con- veyance of anything of value, with the intent to be influenced thereby in any Opinion, judgment, Or decree in any suit, controversy, matter, or cause depending before him, or because of any such opinion, ruling, decision, judgment, or decree, shall be fined not more than twenty thousand dollars, Ör imprisoned not more than fifteen years, or both; and shall be forever dis- qualified to hold any office of honor, trust, or profit under the United States. (R. S. § 5499. March 4, 1909, c. 321, § 132, 35 Stat. 1112.) § 10303. (Crim. Code, § 133.) Same; juror or referee—Whoever, being a juror, referee, arbitrator, appraiser, assessor, auditor, master, receiver, United States commissioner, or other person authorized by any law Of the |United States to hear Or determine any question, matter, cause, controversy, or proceed- ing, shall ask, receive, or agree to receive, any money, property, or value of any kind, Or any promise or agreement therefor, upon any agreement or under- standing that his vote, Opinion, action, judgment, or decision shall be influenced thereby, or because of any such vote, opinion, action, judgment, or decision, Shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. (March 4, 1909, c. 321, § 133, 35 Stat. 1112.) § 10304. (Crim. Code, § 134.) Same; witness —Whoever, being, or about to be, a witness upon a trial, hearing, or Other proceeding, before any Court or any officer authorized by the laws of the United States to hear evidence or take testimony, shall re- ceive, or agree or offer to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, Or that he will absent himself from the trial, hearing, or other proceeding, or be- Cause Of Such testimony, Or Such absence, shall be fined not more than two thousand dollars, or im- prisoned not more than two years, or both. (March 4, 1909, c. 321, § 134, 35 Stat. 1113.) § 10305. (Crim. Code, § 135.) Attempting to influence witness, juror, or officer—Whoever cor- Tuptly, Or by threats or force, or by any threatening letter Or Communication, shall endeavor to influence, intimidate, or impede any witness, in any court of the TJnited States Or before any United States Commis- Sioner or officer acting as such commissioner, or any grand Or petit juror, or officer in or of any court of Philippine Islands as provided by law. Feb. 6, 1905, c. 454, § 2, 33 Stat. 698. March 4, 1909, the United States, or officer who may be serving at any examination or other proceeding before any United States commissioner or officer acting as such Commissioner, in the discharge of his duty, Or Who Corruptly or by threats or force, or by any threatening letter. Or Communication, shall influence, Obstruct, or impede, or endeavor to influence, obstruct, Or impede, the due administration of justice therein, Shall be fined not more than one thousand dollars, Or imprisoned not more than one year, or both. (R. iº. 5404. March 4, 1909, c. 321, § 135, 35 Stat. § 10306. (Crim. Code, § 136.) Conspiring to intimidate party, witness, or juror—If two or more persons conspire to deter by force, intimidation, or threat, any party or witness in any court of the United States, or in any examination before a United States commissioner or officer acting as such commis- Sioner, from attending such court or examination, Or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or wit- neSS in his person Or property on account of his hav- ing so attended or testified, or to influence the Ver- dict, presentment, or indictment of any grand Or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or on account of his being or having been such juror, each of such persons shall he fined not more than five thousand dollars, or imprisoned not more than six years, or both. (R. S. § 5406. March 4, 1909, c. 321, § 136, 35 Stat. 1113.) § 10307. (Crim. Code, § 137.) Attempt to in- fluence juror by writing—Whoever shall attempt to influence the action or decision of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his duties, by writing or sending to him any letter or any communication, in print or writing, in relation to such issue or matter, shall be fined not more than one thousand dollars, or imprisoned not more than six months, or both. (R. S. § 5405. March 4, 1909, C. 321, § 137, 35 Stat. 1113.) § io908. (Grim. Code, § 138.) Allowing pris- oner to escape—Whenever any marshal, deputy mar- shal, ministerial officer, or other person has in his custody any prisoner by virtue of process issued un- der the laws of the United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. (R. S. § 5409. March 4, 1909, c. 321, § 138, 35 Stat. 1113.) § 10309. (Crim. Code, § 139.) Same; applica- tion of provisions—The preceding section shall be construed to apply not only to cases in Which the prisoner who escaped was charged or found guilty of an offense against the laws of the United States, and to cases in which the prisoner may be in Custo- dy charged with offenses against any foreign govern- ment with which the United States have treaties of extradition, but also to cases in which the prisoner may be held in custody for removal to or from the (R. S. § 5410. c. 321, § 139, 35 Stat. 1113.) * - § 10310. (Crim. Code, § 140.) Obstructing process or assaulting officer—Whoever shall know- ingly and willfully obstruct, resist, or oppose any officer of the United States, Or Other person duly au- thorized, in serving, or attempting to serve or ex- ecute, any mesne process or warrant, or any rule or order, or any other legal or judicial writ or process of any court of the United States, or United States Com- missioner, or shall assault, beat, or wound any offi- cer or other person duly authorized, knowing him to Ch. 7) & 10319 THE CRIMINAL CODE [Page 1697 I be such officer, or other person so duly authorized, in Serving or executing any such writ, rule, order, pro- CeSS, Warrant, or other legal or judicial writ or pro- Cess, shall be fined not more than three hundred dol- lars and imprisoned not more than one year. (R. S. § 5398. March 4, 1909, c. 321, § 140, 35 Stat. 1114.) § 10311. (Crim. Code, § 14.1.) Rescuing pris- oner; concealing person from arrest—Whoever shall rescue or attempt to rescue, from the Custody Of any officer or person lawfully assisting him, any person arrested upon a warrant or other process is- Sued under the provisions of any law of the United States, or shall, directly or indirectly, aid, abet, or assist any person so arrested to escape from the Custody of such officer or other person, or shall harbor Or COnceal any person for Whose arrest a warrant Or process has been SO issued, SO as to prevent his dis- COVery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not Imore than one thousand dollars, or imprisoned not more than six months, or both. (R. S. §§ 5401, 5516. March 4, 1909, c. 321, § 141, 35 Stat. 1114.) § 10312. (Crim. Code, § 142.) Rescue at exe- cution—Whoever, by force, shall set at liberty or rescue any person found guilty in any court of the United States of any capital crime, while going to execution or during execution, shall be fined not m’Ore than twenty-five thousand dollars and impris- Oned not more than twenty-five years. (R. S. § 5400. March 4, 1909, c. 321, § 142, 35 Stat. 1114.) § 10313. (Crim. Code, § 143.). Rescue of pris- oner–Whoever, by force, shall set at liberty or rescue any person who, before conviction, stands commit- ted for any capital crime; or whoever, by force, shall set at liberty or rescue any person committed for or COnvicted of any Offense other than capital, shall be fined not more than five hundred dollars and impris- oned not more than one year. (R. S. § 5401. March 4, 1909, c. 321, § 143, 35 Stat. 1114.) § 10314. (Crim. Code, § 144.) body of executed offender—Whoever, by force, shall rescue or attempt to rescue, from the custody of any marshal or his Officers, the dead body of an executed offender, while it is being conveyed to a place of dissection, as provided by section three hundred and thirty-one hereof, or by force shall rescue or attempt to rescue such body from the place where it has been deposited for dissection in pursuance of that section, Shall be fined not more than one hundred dollars, or imprisoned not more than One year, or both. (R. S. § 5402. March 4, 1909, c. 321, § 144, 35 Stat. 1114.) § 103.15. (Crim. Code, § 145.) Extortion by in- former–Whoever shall, under a threat of informing, Or as a consideration for not informing, against any Violation of any law of the United States, demand Or receive any money or other valuable thing, shali be fined not more than two thousand dollars, or im- prisoned not more than one year, or both. (R. S. § 5484. March 4, 1909, c. 321, § 145, 35 Stat. 1114.) § 10316. (Crim. Code, § 146.) Misprision of felony—Whoever, having knowledge of the actual COmmission of the Crime of murder or Other felony cognizable by the courts of the United States, con- Ceals and does not as soon as may be disclose and make known the same to some one of the judges. Or other persons in civil or military authority under the United States, shall be fined not more than five hun- dred dollars, or imprisoned not more than three years, or both. (R. S. § 5390. March 4, 1909, c. 321, § 146, 35 Stat. 1114.) Chapter Seven—Offenses Against the Sec. Currency, Coinage, etc. 10317. “Obligation or other security of the United States” de- fined. 10318. Forging or counterfeiting securities. COMP.ST.’18—107 Rescue of dead Sec. 103.19. Counterfeiting national-bank notes. 10320. Using plates to print notes without authority; dis- tinctive paper. - . . 10321. Uttering forged obligations. 10322. Taking impressions of tools or implements. 10323. Having unlawful possession of impressions. 10324. Dealing in counterfeit securities. 10325. Secreting or embezzling tools and materials for print- ing securities. 10326. Counterfeiting foreign securities. 10327. Uttering counterfeit foreign securities. 10328. Counterfeiting notes of foreign banks. 10329. Same; uttering counterfeit notes. - 10330. Having in possession counterfeit foreign securities. 10331. Having in possession counterfeit plates of foreign se- Curities. - 10332. Connecting parts of different bills. 10333. Counterfeiting gold or silver coins or bars. 10334. Counterfeiting minor coins. 10335. Falsifying, mutilating or lightening coins. 10336. Debasing coins by officers of the Mint. 10337. Making or uttering coins resembling money. 10338. Making or uttering devices of minor coins. 10339. Counterfeiting dies for United States coins. 10340. Counterfeiting dies for foreign coins. 10341. Making, importing, or having in possession tokens or prints similar to United States or foreign coins. 10342. Forfeiture of counterfeit obligations, securities, coins, and material; failing to deliver. 10343. Search warrant for suspected counterfeits; forfeiture. 10344. ciºlating bills of expired banks; circulation permit- €Ci. 10345. Imitating national-bank notes with advertisements thereon. . . . . * * , , , - - - - > 10346. Mutilating national-bank notes. - 10347. Imitating securities or printing advertisements thereon. 10348. Issuing notes less than one dollar. " ' § 10317. (Crim. Code, § 147.) “Obligation or other security of the United States” defined—The Words “obligation or other security of the United States” shall be held to mean all bonds, certificates of indebtedness, national-bank currency, coupons, United States notes, Treasury notes, gold certificates, Silver certificates, fractional notes, certificates of de- posit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever de nomination, which have been or may be issued under any Act of Congress. (R. S. § 5413, amended, Feb. 18, 1875, c. 80, § 1, 18 Stat. 320. Feb. 27, 1877, c. 69, 19 Stat. 253. Feb. 28, 1878, c. 20, § 3, 20 Stat. 26. March 4, 1909, c. 321, § 147, 35 Stat. 1115.) - - § 10318. (Crim. Code, § 148.) Forging or counterfeiting securities—Whoever, with intent to defraud, shall falsely make, forge, counterfeit, or alter any Obligation or other security of the United States shall be fined not more than five thousand dol- lars and imprisoned not more than fifteen years. (R. S. § 5414. March 4, 1909, c. 321, § 148, 35 Stat. 1115.) § 103.19. (Crim. Code, § 149.) Counterfeit- ing national-bank notes—Whoever shall false- ly make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, or shall will- ingly aid or assist in falsely making, forging, Or counterfeiting, any note in imitation of, or pur- porting to be in imitation of, the circulating notes issued by any banking association now or here- after authorized and acting under the laws of the United States; or whoever shall pass, utter, Or pub- lish, or attempt to pass, utter, Or publish, any false, forged, or counterfeited note, purporting to be issued by any such association doing a banking business, knowing the same to be falsely made, forged, Or COun- terfeited; or whoever shall falsely alter, or cause or procure to be falsely altered, or shall Willingly aid or assist in falsely altering, any Such Circulating notes, Or shall pass, utter, Or publish, Or attempt to pass, utter, Or publish as true, any, falsely altered Or Spurious circulating note issued, or purporting to have been issued, by any such banking association, knowing the same to be falsely altered Or Spurious, shall be fined not more than one thousand dollars and imprisoned not more than fifteen years. (R. S. § 5415. March 4, 1909, c. 321, § 149, 35 Stat. 1115.) & 10320 (Tit. 69A THE CRIMINAL CODE [Page 1698] § 10320. (Crim. Code, § 150.) Using plates to print notes without authority; distinctive paper —Whoever, having Control, Custody, or possession of any plate, stone, or other thing, or any part there- of, from which has been printed, or which may be prepared by direction of the Secretary of the Treas- ury for the purpose of printing, any obligation or Oth- er security of the United States, shall use such plate. stone, or other thing, or any part thereof, or knowing- ly suffer the same to be used for the purpose of print- ing any Such Or similar Obligation. Or Other Security, Or any part thereof, except as may be printed for the use of the United States by order of the proper of ficer thereof; Or Whoever by any Way, art, Or means shall make or execute, or cause or procure to be made or executed, or shall assist in making or executing any plate, Stone, Or Other thing in the likeness Of any plate designated for the printing of such obligation or other security; or whoever shall sell any such plate, stone, or other thing, or bring into the Unit- ed States or any place subject to the jurisdiction thereof, from any foreign place, any such plate, stone, or other thing, except under the direction of the Sec- retary. Of the Treasury or other proper Officer, Or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; or whoever shall have in his control, custody, Or possession any plate, stone, Or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, Or other thing, Or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or whoever shall have in his possession or custody, ex- cept under authority from the Secretary of the Treas- ury or other proper officer, any obligation or other security made or executed, in whole or in part, aft- er the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or whoever shall print, photograph, or in any other manner make or execute, or cause to be printed, photographed, made, or executed, or shall aid in printing, photo- graphing, making, or executing any engraving, photo- graph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or shall sell any such engraving, photograph, print, or impression, except to the United States, or shall bring into the United States or any place subject to the jurisdiction thereof, from any foreign place any such engraving, photograph, print, or impression, ex- cept by direction of some proper officer of the Unit- ed States; or whoever shall have or retain in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making Of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States, shall be fined not more than five thousand dollars, or impris- oned not more than fifteen years, or both. (R. S. § 5430. March 4, 1909, c. 321, § 150, 35. Stat. 1116.) § 10321. (Crim. Code, § 151.) Uttering forged obligations—Whoever, with intent to defraud, shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or shall bring into the United States or any place subject to the jurisdiction thereof, with intent to pass, publish, utter, or sell, or shall keep in possession or conceal with like intent, any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined not more than five thousand dollars and imprisoned not more than fifteen years. (R. S. § 5431. March 4, 1909, c. 321, § 151, 35 Stat. 1116.) & § 10322. (Crim. Code, § 152.) Taking impres- sions of tools, or implements—Whoever, without au- thority from the United States, shall take, procure, Or make, upon lead, foil, wax, plaster, paper, or any other substance or material, an impression, Stamp, or imprint of, from, or by the use of any bedplate, bedpiece, die, roll, plate, Seal, type, or other tool, im- plement, instrument, or thing used or fitted or in- tended to be used in printing, stamping, or impress- ing, or in making other tools, implements, instru- ments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any kind or description of obligation of other security of the |United States now authorized Or hereafter to be all- thorized by the United States, or Circulating note Ol' evidence of debt of any banking association under the laws thereof, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 5432. March 4, 1909, c. 321, § 152, 35 Stat. 1117.) . § 10323. (Crim. Code, § 153.) Having unlaw- ful possession of impressions—Whoever, With in- tent to defraud, shall have in his possession, keeping, custody, or control, without authority from the United States, any imprint, stamp, or impression, taken or made upon any substance or material What- soever, of any tool, implement, instrument, or thing, used, or fitted or intended to be used, for any of the purposes mentioned in the preceding Section ; Or whoever, with intent to defraud, shall Sell, give, Or deliver any such imprint, stamp, or impression to any other person, shall be fined not more than five thou- 'sand dollars, or imprisoned not more than ten years, or both. (R. S. § 5433. March 4, 1909, c. 321, § 153, 35 Stat. 1117.) . § 10324. (Crim. Code, § 154.) Dealing in counterfeit securities—Whoever shall buy, sell, ex- change, transfer, receive, or deliver any false, forg- ed, counterfeited, or altered obligation Or other se- curity of the United States, or circulating note Of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any Act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 5434. March 4, 1909, c. 321, § 154, 35 Stat. 1117.) - • § 103.25. (Crim. Code, § 155.) Secreting or emi- bezzling tools and materials for printing sectºri: ties—Whoever, without authority from the United States, shall secrete within, embezzle, or take and carry away from any building, room, Office, apart- ment, vault, safe, or other place Where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any bedpiece, bed- plate, roll, plate, die, seal, type, or other tool, imple- ment, or thing used or fitted to be used in Stamping or printing, or in making some other tool or imple- ment used or fitted to be used in stainping or print- ing, any kind or description of bond, bill, note, cer- tificate, coupon, postage stamp, revenue Stamp, fra C- tional currency note, or other paper, instrument, Ob- ligation, device, or document, now Or hereafter a U- thorized by law to be printed, stamped, Sealed, pre- pared, issued, uttered, or put in circulation on behalf of the United States; or whoever, without such au- thority, shall so secrete, embezzle, or take and car- ry away any paper, parchment, Or other material pre- pared and intended to be used in the making of any such papers, instruments, obligations, devices, or dog- unments; or whoever, without such authority, shall so secrete, embezzle, or take and Carry away any paz per, parchment, or other material printed or stamp- ed, in whole or part, and intended to be prepared, is- sued, or put in circulation on behalf of the United States as one of the papers, instruments, or Obliga: Ch. 7) # 10333 THE CRIMINAL COEDIE [Page 1699.I.' tions hereinbefore named, or printed or stamped, in Whole Or part, in the Similitude Of any Such paper, instrument, Or Obligation, whether intended to issue or put the same in circulation or not, shall be fined not more than five thousand dollars, Or imprisoned. not more than ten years, or both. (R. S. § 5453, March 4, 1909, c. 321, § 155, 35 Stat. 1117.) § 10326. (Crim. Code, § 156.) Counterfeiting foreign securities—Whoever, within the United States Or any place subject to the jurisdiction there- Of, with intent to defraud, shall falsely make, alter, forge, Or Counterfeit any bond, certificate, obligation, Or Other Security in imitation of, or purporting to be an imitation of, any bond, certificate, obligation, or Other Security of any foreign government, issued or put forth under the authority of such foreign govern- ment, Or any treasury note, bill, or promise to pay issued by such foreign government, and intended to Circulate as money, either by law, order, or decree of such foreign government; or whoever shall cause or procure to be so falsely made, altered, forged, or Counterfeited, or shall knowingly aid or assist in making, altering, forging, or counterfeiting, any such bond, certificate, obligation, or other security, or any Such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than five thousand dollars and imprisoned not more than five years. Stat. 22. March 4, 1909, c. 321, § 156, 35 Stat. 1117.) § 10327. (Crim. Code, § 157.) Uttering coun- terfeit foreign securities—Whoever, United States or any place subject to the jurisdic- tion thereof, knowingly and with intent to defraud, shall utter, pass, or put off, in payment or negotia- tion, any false, forged, or counterfeited bond, certifi- cate, Obligation, Security, treasury note, bill, or prom- ise to pay, mentioned in the section iast preceding, whether the Same was made, altered, forged, or coun- terfeited within the United States or not, shall be fined not more than three thousand dollars and im- prisoned not more than three years. (May 16, 1884, e. 52, § 2, 23 Stat. 23. March 4, 1909, c. 321, § 157, 35 Stat. 1118.) - - § 10328. (Crim. Code, § 158.) Counterfeiting notes of foreign banks—Whoever, within the United States or any place subject to the jurisdiction there- Of, with intent to defraud, shall falsely make, al- ter, forge, or counterfeit, or cause or proCure to be So falsely made, altered, forged, or Counterfeited, or Shall knowingly aid and assist in the false making, altering, forging, or counterfeiting of any bank note Or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign Country to circulate as money, such bank or Corporation being authorized by the laws of such Country, shall be fined not more than two thousand dollars and imprisoned not more than two year’S. (May 16, 1884, c. 52, § 3; 23 Stat. 23. March 4, 1909, C. 321, § 158, 35 Stat. 111S.) - § 10329. (Crim. Code, § 159.) Same; utter- ing counterfeit notes—Whoever, within the United States or any place subject to the jurisdiction there- Of, Shall utter, pass, put off, or tender in payment, With intent to defraud, any such false, forged, alter- ed, Or Counterfeited bank note or bill, as mentioned in the preceding Section, knowing the same to be so false, forged, altered, and counterfeited, whether the Same Was made, forged, altered, or counterfeited within the United States or not, shall be fined not more than One thousand dollars and imprisoned not more than one year. (May 16, 1884, c. 52, § 4, 23 Stat. 23. March 4, 1909, c. 321, § 159,135 Stat. 1118.) § 10330. (Crim. Code, § 160.) Having in pos- session counterfeit foreign securities—Whoever, Within the United States or any place subject to the jurisdiction thereof, shall have in his possession any false, forged, or counterfeit bond, certificate, obliga- (May 16, 1884, c. 52, § 1, 23 Within the tion, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation Of any foreign country, with intent to utter, pass, Or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, Or put off as true, or shall know- ingly deliver the same to any other person with such intent, shall be fined not more than one thousand dollars and imprisoned not more than one year. (May 16, 1884, c. 52, § 5, 23 Stat. 23. March 4, 1909, c. 321, § 160, 35 Stat. 1118.) - - - § 10331. (Crim. Code, § 161.) Having in pos- sessioni counterfeit plates of foreign securities— Whoever, within the United States or any place sub- ject to the jurisdiction thereof, except by lawful au- thority, shall have control, custody, or possession of any plate, Stone, or other thing, or any part thereof, from which has been printed or may be printed any Counterfeit note, bond, obligation, or other security, in Whole or in part, of any foreign government, bank, Or COrporation, or shall use such plate, stone, or Oth- er thing, or knowingly permit or suffer the same to be used in counterfeiting such foreign obligations, or any part thereof; or whoever shall make or engrave, Or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, Or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, exe- cute, or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, pho- tographing, making, executing, or selling, any en- graving, photograph, print, or impression in the like- neSS Of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign govern- ment, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof any counterfeit plate, stone, or other thing, or engraving, photograph, print, or oth- er impressions of the notes, bonds, obligations, or oth- er securities of any foreign government, bank, or corporation, shall be fined not more than five thou- sand dollars, or imprisoned not more than five years, Or both. - - 4, 1909, c. 321, § 161, 35 Stat. 1118.) - § 10332. (Crim. Code, § 162.) Gonnecting parts of different bills—Whoever shall so place or Connect together different parts Of two Or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign gov- ernment, Or COrpOration, as to produce One instru- ment, with intent to defraud, shall be deemed guilty of forgery in the same manner as if the parts so put together were falsely made Or forged, and shall be fined not more than One thousand dollars, or impris- oned not more than five years, or both. (March 4, 1909, c. 321, § 162, 35 Stat. 1119.) - § 10333. (Crim. Code, § 163.) Counterfeiting gold or silver coins or bars—Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, Or Counterfeited, or shall will- ingly aid or assist in falsely making, forging, or coun- terfeiting any coin Or bars in resemblance or simili- tude Of the gold or Silver Coins or bars which have been, or hereafter may be, COined or stamped at the mints and assay offices Of the United States, or in re- semblance or similitude of any foreign gold or silver Coin which by law is, Or hereafter may be, current in the United States, Or are in actual use and circu- lation as money within the United States; Or who- ever shall pass, utter, publish, Or sell, Or attempt to pass, utter, publish, Or sell, Or bring into the United States Or any place Subject to the jurisdiction there- of, from any foreign place, knowińg the same to be false, forged, or counterfeit, with intent to defrauri. (May 16, 1884, c. 52, § 6, 23 Stat. 23. March 3 10334 (Tit. 69A THE CRIMINAL CODE [Page 1700] any body politic or corporate, or any person Or per- Sons whomsoever, Or shall have in his possession any Such false, forged, Or Counterfeited coin Or bars, knowing the same to be false, forged, or counterfeit- ed, with intent to defraud any body politic or COr- porate, Or any person or persons whomsoever, shall be fined not more than five thousand dollars and im- prisoned not more than ten years. (R. S. § 5457, amended, Jan. 16, 1877, c. 24, 19 Stat. 223. March 4, 1909, c. 321, § 163, 35 Stat. 1119.) § 10334. (Crim. Code, § 164.) Counterfeiting minor coins—Whoever shall falsely make, forge, or COunterfeit, Or Cause or procure to be falsely made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, Or Counterfeiting any coin in the resemblance or similitude of any of the minor COinS which have been, or hereafter may be, COined at the mints Of the United States; Or Who- ever shall pass, utter, publish, or sell, or bring into the United States or any place subject to the juris- diction thereof, from any foreign place, or have in his possession any such false, forged, or counterfeited Coin, with intent to defraud any person whomsoever, shall be fined not more than one thousand dollars and imprisoned not more than three years. (R. S. § 5458, March 4, 1909, c. 321, § 164, 35 Stat. 1119.) § 10335. (Crim. Code, § 165.) Falsifying, mu- tilating or lightening coins—Whoever, fraudulent- ly, by any art, way, or means, shall deface, mutilate, impair, diminish, falsify, scale, or lighten, or cause Or procure to be fraudulently defaced, mutilated, im- paired, diminished, falsified, Scaled, or lightened, or willingly aid or assist in fraudulently defacing, mu- tilating, impairing, diminishing, falsifying, scaling, Or lightening, the gold or silver coins which have been, or which may hereafter be, coined at the mints of the United States, or any foreign gold or silver coins which are by law made current or are in actual use Or Circulation as money within the United States or in any place subject to the jurisdiction thereof; or whoever shall pass, utter, publish, or sell, or at- tempt to pass, utter, publish, or sell, or bring into the United States or any place subject to the juris- diction thereof, from any foreign place, knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, or shall have in his posses- sion any such defaced, mutilated, impaired, diminish- ed, falsified, scaled, or lightened coin, knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, shall be fined not more than two thousand dollars and imprisoned not more than five years. (R. S. § 5459, amended, March 3, 1897, c. 377, 29 Stat. 625. March 4, 1909, c. 321, § 165, 35 Stat. 1119.) - § 10336. (Crim. Code, § 166.) Debasing coins By officers of the Mint—If any of the gold or silver coins struck or coined at any of the mints of the TJnited States shall be debased, or made worse as to the proportion of fine gold or fine silver therein contained, Or shall be of less weight or Value than the same ought to be, pursuant to law, or if any of the Scales Or weights used at any Of the mints Or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any Officer Or perSOn employed at the said mints Or assay Offices, with a fraudulent intent; or if any such officer or person shall em- bezzle any of the metals at any time committed to his charge for the purpose Of being COined, Or any of the coins struck or coined at the said mints, or any medals, coins, Or Other moneyS Of said mints Or assay offices at any time committed to his charge, or of Which he may have assumed the Charge, every such officer Or person who Commits any of the said offenses shall be fined not more than ten thousand dollars and imprisoned not more than ten years. (R. S. § 5460. March 4, 1909, c. 321, § 166, 35 Stat. 1120.) § 10337. (Crim. Code, § 167.) Making or ut- tering coins resembling money—Whoever, except as authorized by law, shall make Or Cause to be made, Or Shall utter or pass, Or attempt to utter or pass, any Coins of gold or silver or other metal, or alloys of metals, intended for the use and purpose of current money, whether in the resemblance of coins of the Lnited States or of foreign countries, or of Original design, shall be fined not more than three thousand dollars, or imprisoned not more than five years, or both. (R. S. § 5461. March 4, 1909, c. 321, § 167, 35 Stat. 1120.) - § 10338. (Crim. Code, § 168.) Making or ut- tering devices of minor coins—Whoever, not law- fully authorized, shall make, issue, or pass, Or cause to be made, issued, or passed, any coin, card, token, Or device in metal, or its compounds, which may be intended to be used as money for any One-Cent, two- Cent, three-cent, or five-cent piece, now or hereafter authorized by law, or for coins of equal value, shall be fined not more than One thousand dollars and im- prisoned not more than five years. (R. S. § 5462. March 4, 1909, c. 321, § 168, 35 Stat. 1120.) § 10339. (Crim. Code, § 169.) Counterfeiting dies for United States coins—Whoever, without lawful authority, shall make, or cause or procure to be made, Or shall willingly aid or assist in making, any die, hub, or mold, or any part thereof, either of steel or plaster, or any other substance whatsoever, in likeness Or similitude, as to the design or the inscription thereon, of any die, hub, or mold desig- nated for the coining or making of any of the genu- ine gold, silver, nickel, bronze, copper, or other coins Of the United States, that have been or hereafter may be coined at the mints of the United States; Or whoever, without lawful authority, shall have in his possession any such die, hub, or mold, or any part ºthereof, Or shall permit the same to be used for or in aid of the counterfeiting of any of the coins of the |United States hereinbefore mentioned, shall be fined not more than five thousand dollars and imprisoned not more than ten years. (Feb. 10, 1891, c. 127, § 1, 26 Stat. 742. March 4, 1909, c. 321, § 169, 35 Stat. 1120.) - § 10340. (Crim. Code, § 170.) Counterfeit- ing dies for foreign eoins—Whoever, within the United States or any place subject to the jurisdic- tion thereof, without lawful authority, shall make, or Cause or procure to be made, Or shall willingly aid or assist in making, any die, hub, or mold, Or any part thereof, either of steel or of plaster, or of any other Substance whatsoever, in the likeness Or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or whoever, without lawful authority, shall have in his possession any such die, hub, or mold, Or any part thereof, or Shall conceal, or knowingly Suffer the Same to be used for the Counterfeiting of any foreign coin, shall be fined not more than two thousand dollars, or im- prisoned not more than five years, or both. (Feb. 10, 1891, c. 127, § 2, 26 Stat. 742. March 4, 1909, c. 321, § 170, 35 Stat. 1120.) § 10341. (Crim. Code, § 171, amended.) Mak- ing, importing, or having in possession tokens or prints similar to United States or foreign coins—Whoever within the United States Or any place subject to the jurisdiction thereof shall make, or cause or procure to be made, or Shall bring therein from any foreign country, or shall have in possession with intent to sell, give away, or in any other manner use the same, any business or professional Card, no- tice, piacard, token, device, print, or impression, or any other thing whatsoever, in the likeness Or simili- tude as to design, color, or the inscription thereon of Ch. 7) § 10347 THE CRIMINAL CODE [Page 17011 any of the coins of the United States or of any for- eign country that have been Or hereafter may be issued as money, either under the authority of the United States or under the authority of any foreign Government, shall be fined not more than One hun- dred dollars. But nothing in this section shall be construed to forbid or prevent the printing and pub- lishing of illustrations of coins and medals or the making of the necessary plates for the same to be used in illustrating numismatic and historical books and journals and school arithmetics and the circulal's of legitimate publishers and dealers in the Same. (Feb. 10, 1891, c. 127, § 3, 26 Stat. 742, amended, March 3, 1903, c. 1015, 32 Stat. 1223. March 4, 1909, c. 321, § 171, 35 Stat. 1121. Feb. 15, 1912, c. 38, 37 Stat. 64.) - § 10342. (Crim. Code, § 172.) Forfeiture of counterfeit obligations, securities, coins, and material; failing to deliver—All Counterfeits Of any obligation or other security of the United States or of any foreign government, or Counterfeits of any of the coins of the United States or of any foreign government, and all material or apparatus fitted Or intended to be used, or that shall have been used, in the making of any such Counterfeit obligation Or Oth- er security or coins hereinbefore mentioned, that shall be found in the possession of any person without au- thority from the Secretary of the Treasury or other proper Officer to have the same, Shall be taken posses- sion of by any authorized agent of the Treasury De- partment and forfeited to the United States, and dis- posed Of in any manner the Secretary of the Treasury may direct. Whoever having the custody or control Of any such counterfeits, material, or apparatus shall fail or refuse to surrender possession thereof upon request by any such authorized agent of the Treasury’ Department, shall be fined not more than one hun- dred dollars, or imprisoned not more than one year, Or both. - March 4, 1909, c. 321, § 172, 35 Stat. 1121.) § 10343. (Crim. Code, § 173.) Search warrant for suspected counterfeits; forfeiture—The sever- al judges of Courts established under the laws of the United States and United States commissioners may, upon proper oath or affirmation, within their respec- tive jurisdictions, issue a search warrant authorizing any marshal Of the United States, or any other person Specially mentioned in such warrant, to enter any house, store, building, boat, or other place named in Such Warrant, in which there shall appear probable Cause for believing that the manufacture of Counter- feit money, or the concealment of counterfeit money, Or the manufacture Or Concealment Of Counterfeit Obligations or coins of the United States or of any foreign government, or the manufacture or conceal- ment of dies, hubs, molds, plates, or other things fit- ted Or intended to be used for the manufacture Of COunterfeit money, Coins, or obligations of the United States or of any foreign government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any for- eign government, or of any political division of any foreign government, is being carried on or practiced, and there search for any such counterfeit money, Coins, dies, hubs, molds, plates, and other things, and for any such obligations, and if any such be found, to Seize and Secure the same and to make return thereof to the proper authority; and all such counterfeit money, COinS, dies, hubs, molds, plates, and other things, and all such counterfeit obligations so seized shall be forfeited to the United States. (Feb. 10, 1891, c. 127, § 5, 26 Stat. 743. March 4, 1909, c. 321, § 173, 35 Stat. 1121.) - § 10344. (Crim. Code, § 174.) Circulating bills of expired banks; circulation permitted— In all cases where the charter of any corporation (Feb. 10, 1891, c. 127, § 4, 26 Stat. 742. which has been or may be created by Act of Congress has expired or may hereafter expire, if any director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose of paying or redeeming its notes and obligations, shall knowing- ly issue, reissue, or utter as money, or in any other way knowingly put in circulation any bill, note, check, draft, or other security purporting to have been made by any such Corporation whose charter has expired, or by any officer thereof, or purporting to have been made under authority derived therefrom, or if any person shall knowingly aid in any Such act, he shall be fined not more than ten thousand dollars, or im- prisoned not more than five years, or both. But noth- ing herein shall be construed to make it unlawful for any person, not being such director, Officer, or agent Of the COrporation, Or any trustee thereof, Or any agent of such trustee, or any person having in his possession or under his control the property of the Corporation for the purpose hereinbefore set forth, who has received or may hereafter receive such bill, note, check, draft, or other security, bona fide and in the Ordinary transactions of business, to utter as money or otherwise circulate the same. (R. S. § 5437. March 4, 1909, c. 321, § 174, 35-Stat. 1122.) - - - § 10345. (Crim. Code, § 175.) Imitating na- tional-bank notes with advertisements thereon— It shall not be lawful to design, engrave, print, or in any manner make or execute, or to utter, issue, dis- tribute, Circulate, or use any business or professional Card, notice, placard, circular, handbill, or advertise- ment in the likeness or similitude of any circulating note or other obligation or security of any banking association organized or acting under the laws of the |United States which has been Or may be issued un- der any Act of Congress, or to Write, print, or, other- wise impress upon any such note, obligation, or se- Curity, any business Or professional Card, notice or advertisement, or any notice or advertisement of any matter or thing whatever. Whoever shall violate any provision of this section shall be fined not more than One hundred dollars, or imprisoned not more than six months, or both. (R. S. § 5188. March 4, 1909, c. 321, § 175, 35 Stat. 1122.) . § 10346. (Crim. Code, § 176.) Mutilating na- tional-bank notes—Whoever shall mutilate, cut, de- face, disfigure, or perforate with holes, or unite or cement together, or do any other thing to any bank bill, draft, note, or other evidence of debt, issued by any national banking association, Or shall cause or procure the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall be fined not more than One hundred dollars, Or imprisoned not more than six months, or both. (R. S. § 5189. March 4, 1909, c. 321, § 176, 35 Stat. 1122.) § 10347. (Crim. Code, § 177. Imitating se- curities or printing advertisements thereon—It shall not be lawful to design, engrave, print, or in any manner make or execute, or to utter, issue, distribute, circulate, or use, any business Or professional card, notice, placard, circular, handbill, or advertisement, in the likeness Or, similitude of any bond, Certiſ cate of indebtedness, certificate of deposit, coupon, United States note, Treasury note, gold Certificate, silver cer- tificate, fractional note, or other obligation or security of the United States which has been Or may be issued under or authorized by any Act of Congress hereto- fore passed or which may hereafter be passed; or to write, print, or otherwise impress upon any such in- strument, obligation, or security, any business Or pro- fessional card, notice, or advertisement, or any notice or advertisement of any matter or thing Whatever. Whoever shall violate any provision of this section # 10348 (Tit. 69A THE CRIMINAL CODE shall be fined not more than five hundred dollars. (R. S. § 3708. March 4, 1909, c. 321, § 177, 35 Stat. 1122.) § 10348. (Crim. Code, § 178.) Issuing notes less than one dollar—No person shall make, issue, circulate, or pay out any note, check, memorandum, token, or other obligation for a less sum than one dol- lar, intended to circulate as money or to be received or used in lieu of lawful money of the United States; and every person so offending shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (R. S. § 3583. March 4, 1909, c. 321, § 178, 35 Stat. 1122.) t Chapter Eight—Offenses Against the - Postal Service Sec. 10349. Conducting post-office without authority. 10350. Illegal carrying of mail by officials. 10351. Conveying mail by private express; delivery to post- office allowed. - - 10352. Transporting persons unlawfully conveying mail. 10353. Sending letters by private express. 10354. Carrying letters out of the mail over post routes. 10355. Carrying letters out of the mail on vessels. 10356. When conveyance by private persons is lawful. 10357. Wearing carrier’s uniform without authority. 10358. Vehicles claiming to be mail carriers. 10359. Injuring mail bags. - 10360. Stealing post-office property. 10361. Stealing or forging mail locks or keys. 10362. Breaking into and entering post-office. 10363. Unlawfully entering post-office car. - 10364. Stealing, secreting or embezzling mail matter. 10365. Postmaster or employee detaining, destroying, or emi- bezzling mail matter. 10366. Postmasters detaining or destroying newspapers; by other persons. : - 10367. Assaulting mail custodian with intent to rob, and rob- bing mail; using Weapon. 10368. Injury to letter boxes. 10369. Deserting the mail. - 10370. Delivery of letters by master of vessel. 10371. Obstructing the mail. .. 10372. Fem'ryman delaying mail. & * > 10373. Letters carried in foreign vessel to be deposited in post-office; failure. r 10374. Vessels to deliver letters at post-office before entry : Oath ; failure. . 10375. Using canceled stamps. 10376. False returns by postmasters to increase compensation. 10377. Collecting unlawful postage. • - 10378. Unlawful pledging or sale of stamps; inducing pur- - chases to increase pay. . 10379. Failing to account for postage due. 10380. Issuing unpaid-for money Orders. - 10381. Obscene matter unmailable; mailing or taking from mails to circulate. 10382. Libelous and indecent matter on Wrappers Or enve- lopes; mailing. 10383. Lottery or gift enterprise, circulars not mailable; place of trial. - 10384. Official acting as lottery agent. 10385. Using mails to promote frauds; counterfeit money. 10386. Using fraudulent fictitious address. . 10387. Poisons or explosives not mailable; packing permitted; intoxicating liquors; mailing; injurious intent. 10387a. Use of mails for advertisements of intoxicating liquors * intended for prohibition states. 10387 b. Same; punishment. 10387c. Same; designation of states having prohibition. 10387d. Same ; time of taking effect of Act. 10387e. Same; ethyl alcohol for governmental purposes; wine for sacramental purposes. - s 10388. Counterfeiting money orders. 10389. Counterfeiting postage stamps. 10390. Counterfeiting foreign stamps. 10391. Inclosing higher in lower class matter. 10392. Postmaster illegally approving bond. - - 10393. Submitting false evidence as to second-class matter. 10394. Inducing or prosecuting false claims for losses. 10395. Misappropriating postal funds or property; prima facie - evidence; deposits permitted. - 10396. Employees interested in mail contracts. … 10397. Fraudulent use of official envelopes. 10398. Fraudulently increasing weight of mail. 10399. Offenses against foreign mail in transit; indictments. 10400. Omission to take oath. 10401. Definition. 104012. Use of mails; letters or writings in violation of Act declared nonmailable; opening letters. - 10401b. Same; letters or writings advocating treason declared rton mailable. e ... * 10401c. Same; using or attempting to use mails or Postal - Service for transmission of matter declared non- - " + Imailable by title ; jurisdiction of offense. 10401d. Same; for seditious or disloyal purposes. [Page 1702] - § 10349. (Crim. Code, § 179.) Conducting post-office without authority—Whoever, without authority from the Postmaster-General, shall set up Or profess to keep any office or place of business bear- ing the sign, name, or title of post-office, shall be fined not more than five hundred dollars. (R. S. § 3829. March 4, 1909, c. 321, § 179, 35 Stat. 1123.) § 10350. (Crim. Code, § 180.) Illegal carry- ing of mail by officials—Whoever, being concerned in Carrying the mail, shall collect, receive, or carry any letter or packet, or cause or procure the same to be done, contrary to law, shall be fined not more than fifty dollars, or imprisoned not more than thirty days, or both. (R. S. § 3981. March 4, 1909, c. 321, § 180, 35 Stat. 1123.) - - *~ § 10351. (Crim. Code, § 181.) Conveying mail by private express; delivery to post-office, allowed —Whoever shall establish any private express for the conveyance of letters or packets, or in any man- ner CauSe Or provide for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any city, town, or place, to any other City, town, Or place, between which the mail is regularly car- ried, or Whoever shall aid or assist therein shall be fined not more than five hundred dollars, or impris- Oned not more than six months, or both : Provided, That nothing contained in this section shall be con- Strued as prohibiting any person from receiving and delivering to the nearest post-office, postal car, or Other authorized depository for mail matter, any mail matter properly stamped. (R. S. § 3982. March 3, 1879, c. 180, § 1, 20 Stat. 356. March 4, 1909, c. 321, § 181, 35 Stat. 1123.) . . § 10352. (Crim. Code, § 182.) Transporting persons unlawfully conveying mail—Whoever, be- ing the OWner, driver, conductor, master or other person having charge of any stagecoach, railway car, Steamboat, or other vehicle or vessel, shall knowingly Convey or knowingly permit the conveyance of any person acting or employed as a private express for the Conveyance of letters or packets, and actually in possession of the same for the purpose of conveying them, Contrary to law, shall be fined not more than One hundred and fifty dollars. (R. S. § 3983. March 4, 1909, c. 321, § 182, 35 Stat. 1124.) - § 10353. (Grim. Code, § 183.) Sending letters by private express—Whoever shall transmit by pri- Vate express or other unlawful means, of deliver to any agent thereof, or deposit or cause to be deposited at any appointed place, for the purpose of being so transmitted, any letter or packet, shall be fined not more than fifty dollars. (R. S. § 3984. March 4, 1909, c. 321, § 183, 35 Stat. 1124.) - § 10354. (Crim. Code, § 184.) Carrying let- ters out of the mail over post routes—Whoever, being the owner, driver, conductor, master, or other person having charge of any stage-coach, railway car, steamboat, or conveyance of any kind Which reg- ularly performs trips at stated periods on any post route, or from any city, town, or, place to any other city, town, or place between which the mail is reg- ularly carried, and which, shall carry, otherwise than in the mail, any letters Or packets, except such as relate to Some part Of the Cargo of such steam- boat or other vessel, to the Current business of the Carrier, or to Some article Carried at the same time by the same stage-coach, railway car, or other vehi- cle, except as otherwise provided by law, shall be fined not more than fifty dollars. (R. S. $ 3985. March 4, 1909, c. 321, § 184, 35 Stat. 1124.) § 10355. (Crim. Code, § 185.) Carrying let- ters out of the mail on vessels—Whoever shall car- ry any letter or packet On board any vessel which carries the mail, otherwise than in such mail, ex- cept as Otherwise provided by law, shall be fined not more than fifty dollars, or imprisoned not more than Ch. 8) * 10365 THE CRIMINAL CODE [Page 1703] one month, or both. (R. S. $ 3986. March 4, 1909, c. 321, § 185, 35 Stat. 1124.) § 10356. (Crim. Code, § 186.) When convey- ance by private persons is lawful—Nothing in this chapter shall be construed to prohibit the COInVeyance or transmission of letters or packets by private hands without compensation, or by special meSSenger em- ployed for the particular occasion only. (R. S. § 3992. March 4, 1909, c. 321, § 186, 35 Stat. 1124.) § 10357. (Crim. Code, § 187.) Wearing car- rier’s uniform without authority—Whoever, not being connected with the letter-carrier branch of the postal service, shall wear the uniform or badge which may be prescribed by the Postmaster-General, to be worn by letter Carriers, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. (R. S. § 3867. March 4, 1909, C. 321, § 187, 35 Stat. 1124.) . § 10358. (Crim. Code, § 188.) Vehicles claim- ing to be mail carriers—It shall be unlawful to paint, print, or in manner to place upon or attach to any steamboat or other vessel, or any car, stage-coach, vehicle, or other conveyance, not actually used in car- rying the mail, the words “United States Mail,” or any words, letters, or characters of like import; or to give notice, by publishing in any newspaper or other- wise, that any steamboat or other vessel, or any car, stage-coach, vehicle, or other conveyance, is used in carrying the mail, when the same is not actually SO used ; and every person who shall violate, and every owner, receiver, lessee, or managing operator thereof, who shall cause, suffer, or permit the violation of any provision of this section, shall be liable; and shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. (R. S. $ 3979. March 4, 1909, c. 321, § 188, 35 Stat. 1124.) § 10359. (Crim. Code, § 189.) Injuring mail bags—Whoever shall tear, cut, or otherwise injure any mail bag, pouch, or other thing used or designed for use in the conveyance of the mail, Or shall draw or break any staple or loosen any part of any lock, chain, or strap attached thereto, with intent to rob Or steal any such mail, or to render the same in- secure, shall be fined not more than five hundred dol- lars, or imprisoned not more than three years, or (R. S. § 5476. March 4, 1909, c. 321, § 189, 35 both. Stat. 1124.) º - - § 10360. (Crim. Code, § 190.) Stealing post- office property—Whoever shall steal, purloin, or em- beZZle any mail bag or other property in use by or be- longing to the Post-Office Department, or shall ap- propriate any such property to his own or any other than its proper use, or shall convey away any such property to the hindrance or detriment of the public service, shall be fined not more than two hundred dollars, or imprisoned not more than three years, or both. (R. S. § 5475. March 4, 1909, c. 321, § 190, 35 Stat. 1124.) - . § 10361. (Crim. Code, § 191.) Stealing or forging mail locks or keys—Whoever shall steal, pull loin, embeZzle, Or Obtain by any false pretense, or shall aid or assist in stealing, purloining, embez- Zling, or obtaining by any false pretense, any key suited to any lock adopted by the Post-Office De- partment and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or Other authorized receptacle for the deposit or deliv- ery Of mail matter ; Or whoever shall knowingly and unlawfully make, forge, or Counterfeit, or Cause to be unlawfully made, forged, Or Counterfeited, any such key, or shall have in his possession any such mail lock or key with the intent unlawfully or im- properly to use, sell, or otherwise dispose “of the same, or to cause the same to be unlawfully or im- properly used, sold, or otherwise disposed of; or whoever, being engaged as a contractor or otherwise in the manufacture of any such mail lock Or key, shall deliver or cause to be delivered, any finished or unfinished lock or key used or designed for use by the department, or the interior part of any such lock, to any person not duly authorized under the hand of the Postmaster-General and the seal of the Post-Office Department, to receive the same, unless the person receiving it is the contractor for furnishing the same Or engaged in the manufacture thereof in the man- ner authorized by the contract, or the agent of Such manufacturer, shall be fined not more than five hun- dred dollars and imprisoned not more than ten years. (R. S. § 5477. March 4, 1909, c. 321, § 191, 35 Stat. 1125.) . - § 10362. (Crim. Code, § 192.) Breaking into and entering post-office—Whoever, shall forcibly break into or attempt to break into any post-Office, or any building used in whole or in part as a post-Office, with intent to commit in such post-office, or building, or part thereof, so used, any larceny or other depreda- tion, shall be fined not more than one thousand dol- lars and imprisoned not more than five years. (R. S. § 5478. March 4, 1909, c. 321, § 192, 35 Stat. 1125.) § 10363. (Crim. Code, § 193.) Unlawfully en- tering post-office ear—Whoever, by Violence, shall enter a post-office car, or any apartment in any Car, steamboat, or vessel, assigned to the use of the Mail Service, or shall willfully or maliciously assault or interfere with any postal clerk in the discharge of his duties in connection with such car, steamboat, Ves- sel, or apartment thereof, or shall willfully aid Or assist therein, shall be fined not more than One thou- sand dollars, or imprisoned not more than three years, or both. (March 3, 1903, c. 1009, § 5, 32 Stat. 1176. March 4, 1909, c. 321, § 193, 35 Stat. 1125.) § 103.64. (Crim. Code, § 194.) Stealing, secret- ing or embezzling, mail matter—Whoever shal! steal, take, or abstract, or by fraud or deception Ob- tain, from or out of any mail, post-office, or station thereof, or other authorized depository for mail mat- ter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or shall abstract or re- move from any such letter, package, bag, or mail, any article or thing contained therein, or shall Se- crete, embezzle, or destroy any such letter, postal Card, package, bag, Or mail, or any article Ol' thing contained therein; or whoever shall buy, receive, Or conceal, or aid in buying, receiving, or concealing, Or shall unlawfully have in his possession, any letter, postal Card, package, bag, Or mail, Or any article or thing contained therein, which has been so stolen, taken, embezzled Or abstracted, as herein described, knowing the same to have been so stolen, taken, em- bezzled, Or abstracted; Or whoever shall take any let- ter, postal Card, Or package, Out of any post-Office Or station thereof, or out of any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post-office or station there- of, or other authorized depository, or in the custody of any letter or mail carrier, before it has been de- livered to the person to whom it was directed, with a design to obstruct the correspondence, or to pry into the business or secrets of another, or shall. Open, secrete, embezzle, or destroy the same, shall be fined not more than two thousand dollars, or imprisoned not more than five years, or both. (IR. S. §§ 3892, 5469, 5470. March 4, 1909, c. 321, § 194, 35 Stat. 1125.) . - § 10365. (Crim. Code, § 195.) Postmaster or employee detaining, destroying, or exmbezzling mail matter—Whoever, being a postmaster or Other person employed in any department of the postal service, shall unlawfully detain, delay, or Open any letter, postal card, package, bag or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or car- ried or delivered by any carrier, messenger, agent, or other perSon employed in any department of the & 10366 (Tit. 69A THE CRIMINAL CODE HPage 1704] postal service, or forwarded through or delivered from any post-office or station thereof established by authority of the Postmaster-General; or crete, embezzle, or destroy any such letter, postal card, package, bag, Or mail; Or shall steal, abstract, Or remove from any Such letter, package, bag, Or mail, any article or thing Contained therein, shall be fined not more than five hundred dollars, or im- prisoned not more than five years, or both. (R. S. §§ 3890, 3891, 5467. March 4, 1909, c. 321, § 195, 35 Stat. 1125.) - - « § 10366. (Crim. Code, § 196.) Postmasters de- taining or destroying newspapers; by other per- sons—Whoever, being a postmaster or Other person employed in any department of the postal Service, shall improperly detain, delay, embezzle, or destroy any newspaper, Or permit any other person to de- tain, delay, embezzle, or destroy the same, or open, Or permit any other person to Open, any mail or package Of newspapers not directed to the Office where he is employed; or whoever shall open, em- beZZle, Or destroy any mail or package of newspapers not being directed to him, and he not being author- ized to Open or receive the same; or whoever shall take or steal any mail or package of newspapers from any post-Office Or from any person having Cus- tody thereof, shall be fined not more than One hun- dred dollars, or imprisoned not more than one year, or both. (R. S. § 5471. March 4, 1909, c. 321, § 196, 35 Stat. 1126.) - § 10367. (Crim. Code, § 197.) Assaulting mail custodian with intent to rob, and robbing mail; using weapon—Whoever shall assault any person having lawful charge, control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter Or any part thereof, or shall rob any such person of such mail or any part thereof, shall, for a first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery, he shall wound the person having custody of the mail, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years. (R. S. §§ 5472, 5473. March 4, 1909, c. 321, § 197, 35 Stat. 1126.) § 10368. (Crim. Code, § 198, armended.) Injury to letter boxes—Whoever shall, willfully or mali- ciously injure, tear down, or destroy any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or shall break open the same, or shall willfully or maliciously in- jure, deface, or destroy any mail deposited therein, Or shall willfully take or steal such mail from or Out of such letter box or other receptacle, or shall willfully aid or assist in any of the aforementioned Offenses, shall for every such offense be punished by a fine of not more than $1,000 or by imprisonment for not more than three years. (R. S. §§ 3869, 5466. April 21, 1902, c. 563, § 1, 32 Stat. 113. March 3, 1903, c. 1009, § 3, 32 Stat. 1175. March 4, 1909, c. 321, § 198, 35 Stat. 1126. May 18, 1916, c. 126, § 10, 39 stat. 162. July 28, 1916, c. 261, § 1, 39 Stat. 418.) § 10369. (Crim. Code, § 199.) I'eserting the mail—Whoever, having taken charge of any mail, shall voluntarily quit or desert the same before he has delivered it into the post-Office at the termination Of the route, Or to SOme known mail carrier, messen- ger, agent, or other employee in the postal service authorized to receive the same, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. (R. S. § 5474. March 4, 1909, c. 321, § 199, 35 Stat. 1126.) § 10370. (Crim. Code, § 200.) Delivery of let- ters by master of vessel—The master or other per- Son having charge or control of any steamboat or Other Vessel passing between ports or places in the Dnited States, arriving at any such port or place where there is a post-office, shall deliver to the post- Shall Se- OWners Or Consignees, master or at the post-office, within three hours after his arrival, if in the daytime, and if at night, With- in two hours after the next sunrise, all letters and packages brought by him or within his power or Control and not relating to the cargo, addressed to or destined for such port or place, for which he Shall receive from the postmaster two cents for each letter Or package so delivered, unless the same is carried under a contract for carrying the mail; and for every failure so to deliver such letters or pack- ages, the master or other person having charge or Control of such steamboat or other vessel, shall be fined not more than one hundred and fifty dollars. #. S. § 3977. March 4, 1909, c. 321, § 200, 35 Stat. 26.) § 10371. (Crim. Code, § 201.) Obstructing the mail—Whoever shall knowingly and willfully ob- Struct or retard the passage of the mail, or any car- riage, horse, driver, or carrier, or car, steamboat, or Other Conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprison- ed not more than six months, or both. (R. S. § 3995. March 4, 1909, c. 321, § 201, 35 Stat. 1127.) - § 10372. (Crim. Code, § 202.) Ferryman de- laying mail—Whoever, being a ferryman, shall delay the passage of the mail by willful neglect or refusal to transport the same across any ferry, shall be fined not more than one hundred dollars. (R. S. § 3996. March 4, 1909, c. 321, § 202, 35 Stat. 1127.) - § 10373. (Crim. Code, § 203.) Detters carried in foreign vessel to be deposited in post-office; failure—All letters or other mailable matter convey- ed to or from any part of the United States by any foreign vessel, except such sealed letters relating to Such vessel or any part of the cargo thereof as may be directed to the owners or consignees of the vessel, shall be subject to postage charge, whether addressed to any person in the United States or elsewhere, provided they are Conveyed by the packet or other ship of a foreign Country imposing postage on letters or other mailable matter conveyed to or from such country by any vessel of the United States; and such letters or Other mailable matter carried in foreign vessels, ex- Cept Such sealed letters relating to the vessel or any part of the cargo thereof as may be directed to the shall be delivered into the United States post-office by the master or other person having charge or control of such vessel when arriving, and be taken from the United States post-Office when departing, and the postage justly chargeable by law paid thereon ; and for refusing or failing to do so, Or for conveying such letters or other mailable mat- ter, or any letters or other mailable matter, intended to be conveyed in any vessel of such foreign country, Over Or across the United States, Or any portion there- Of, the party offending shall be fined not more than one thousand dollars. (R. S. § 4016. March 4, 1909, c. 321, § 203, 35 Stat. 1127.) § 10374. (Crim. Code, § 204.) Wessels to de- liver letters at post-office before entry; oath; failure—NO vessel arriving within a port Or Collection district of the United States shall be allowed to make entry Or break bulk until all letters On board are de- livered to the nearest post-office, and the master or Other person having charge, or Control thereof has signed and Sworn to the following declaration before the collector or other proper customs officer: I, A. B., master , Of the , arriving from , and now lying in the port of , dO SOl- emnly swear (or affirm) that I have to the best of my knowledge and belief delivered to the post-office at every letter and every bag, packet, Or parcel Of letters which was on board the said vessel during her last voyage, or which were in my possession or un- der my power or control. And any master or other person having charge Or control of such vessel who shall break bulk before he has delivered such letters shall be fined not more Ch. 8) 4, 10381 THE CRIMINAL CODE IPage 1705] than one hundred dollars. (R. S. $ 3988. March 4, 1909, c. 321, § 204, 35 Stat. 1127.) - § 10375. (Crim. Code, § 205.) Using canceled stamps—Whoever shall use or attempt to use in pay- ment of postage, any canceled postage stamp, whether the same has been used or not ; or shall remove, at- tempt to remove, or assist in removing, the canceling Or defacing marks from any postage stamp, or the Su- perScription from any stamped envelope, or postal Card, that has once been used in payment of postage, . With the intent to use the same for a like purpose, or to sell or offer to sell the same, or shall knowingly have in possession any such postage stamp, stamp- ed envelope, or postal card, with intent to use the same, or shall knowingly sell or offer to sell any such postage Stamp, stamped envelope, or postal card, or uSe Or attempt to use the same in payment of postage; or whoever unlawfully and willfully shall remove from any mail matter any stamp attached thereto in payment of postage; or shall knowingly use or cause to be used in payment of postage, any postage Stamp, postal Card, or stamped envelope, issued in pursuance Of law, which has already been used for a like pur- pose; shall, if he be a person employed in the postal service, be fined not more than five hundred dollars, Or imprisoned not more than three years, or both ; and if he be a person not employed in the postal Serv- ice, Shall be fined not more than five hundred dollars, Or imprisoned not more than one year, or both. (R. S. §§ 3922–3925. March 3, 1879, c. 180, § 28, 20 Stat. 362. March 4, 1909, c. 321, § 205, 35 Stat. 1127.) § 10376. (Crim. Code, § 206.) False returns by postmasters to increase compensation—Who- ever, being a postmaster or other person employed in any branch of the postal service, shall make, or assist in making, or cause to be made, a false return, state- ment, or account to any officer of the United States, or shall make, assist in making, or Cause to be made, a false entry in any record, book, or account, required by law or the rules or regulations of the Post-Office Department to be kept in respect of the business or operations of any post-office or other branch of the postal service, for the purpose of fraudulently in- creasing his compensation or the Compensation of the postmaster or any employee in a post-Office ; or who- ever, being a postmaster or other person employed in any post-Office or station thereof, shall induce, or at- tempt to induce, for the purpose of increasing the emoluments. Or Compensation of his Office, any person to deposit mail matter in, or forward in any manner for mailing at, the Office where such postmaster or Other person is employed, knowing such matter to be properly mailable at another post-Office, Shall be fined not more than five hundred dollars, or imprisoned not more than two years, or both. (June 17, 1878, c. 259, § 1, 20 Stat. 141. Aug. 4, 1886, c. 901, § 3, 24 Stat. 221. March 4, 1909, c. 321, § 206, 35 Stat. 1128.) . § 10377. (Crim. Code, § 207.) Collecting un- lawful postage—Whoever, being a postmaster Or Oth- er person authorized to receive the postage Of mail matter, shall fraudulently demand or receive any rate of postage or gratuity or reward other than is pro- vided by law for the postage of such mail matter, shall be fined not more than One hundred dollars, Or impris- oned not more than six months, or both. (R. S. § 3899. March 4, 1909, c. 321, § 207, 35 Stat. 1128.) § 10378. (Crim. Code, § 208.) Unlawful pledging or sale of stamps; inducing purchases to increase pay—Whoever, being a postmaster Or oth- er person employed in any branch of the postal Serv- ice, and being intrusted with the sale or custody of postage stamps, stamped envelopes, or postal Cards, shall use or dispose of them in the payment of debts, Or in the purchase of merchandise or other salable articles, or pledge Or hypothecate the same, or sell Or dispose Of them except for Cash; or sell or dispose of postage stamps or postal cards for any larger or less sum than the Values indicated on their faces; Or sell or dispose of stamped envelopes for a larger Or less sum than is charged therefor by the Post-Office IDepartment for like quantities; or sell or dispose of, Or Cause to be sold or disposed of, postage stamps, Stamped envelopes, or postal cards at any point or place outside of the delivery of the office where such postmaster or other person is employed; or induce or attempt to induce, for the purpose of increasing the emOlumentS Or COmpensation Of Such postmaster, Or the emoluments or compensation of any other person employed in such post-Office or any station thereof, or the allowances or facilities provided therefor, any person to purchase at such post-office or any station thereof, or from any employee Of Such post-Office, post- age Stamps, Stamped envelopes, or postal Cards; Or sell or dispose Of postage stamps, stamped envelopes, or postal cards, otherwise than as provided by law or the regulations of the Post-Office Department, shall be fined not more than five hundred dollars, or imprison- ed not more than one year, or both. (R. S. § 3920. June 17, 1878, c. 259, § 1, 20 Stat. 141. March 4, 1909, c. 321, § 208, 35 Stat. 1128.) § 10379. (Crim. Code, § 209.) Failing to ac- count for postage due—Whoever, being a postmaster or other person engaged in the postal Service, shall Collect and fail to account for the postage due upon any article of mail matter which he may deliver, with- out having previously affixed and canceled the Special stamp provided by law, or shall fail to affix Such stamp, shall be fined not more than fifty dollars. (March 3, 1879, c. 180, § 27, 20 Stat. 362. March 4, 1909, c. 321, § 209, 35 Stat. 1128.) - - § 10380. (Crim. Code, § 210.) Issuing un- paid-for money orders—Whoever, being a postmas- ter or other person employed in any branch of the postal service, shall issue a money order without hav- ing previously received the money therefor, shall be fined not more than five hundred dollars. (R. S. § 4030. March 4, 1909, c. 321, § 210, 35 Stat. 1129.) § 10381. (Crina. Code, § 211, amended.) Ob- scene matter unmailable; mailing or taking from mails to circulate—Every obscene, lewd, or lasciVi- Ous, and every filthy, book, pamphlet, picture, paper, letter, writing, print, or other publication of an in- decent character, and every article or thing design- ed, adapted, or intended for preventing conception or producing abortion, or for any indecent Or immoral use ; and every article, instrument, Substance, drug, medicine, or thing which is advertised or described in a manner Calculated to lead another to use Or ap- ply it for preventing Conception or producing abor- tion, or for any indecent or immoral purpose; and every written or printed Card, letter, Circular, book, palmphlet, advertisement, or notice of any kind giv- ing information directly or indirectly, where, or how, or from whom, or by what means any of the herein- before-mentioned matters, articles, or things may be obtained or made, or where or by whom any act or Operation of any kind for the procuring Or producing Of abortion will be done or performed, Or how or by What means COInception Imay be prevented Or abortion produced, whether sealed or unsealed; and every let- ter, packet, or package, Or Other mail matter con- taining any filthy, Vile, Or indecent thing, device, or substance ; and every paper, writing, advertisement, Or representation that any article, instrument, sub- stance, drug, medicine, or thing may, or can be, used or applied for preventing conception or producing abortion, or for any indecent or immoral purpose; . and every description Calculated to induce Or incite a person to SO use Or apply any Such article, instru- ment, substance, drug, medicine, or thing, is hereby declared to be nonmailable matter and shall not be conveyed in the mails Or delivered from any post-of- fice or by any letter carrier. Whoever shall know- ingly deposit, or cause to be deposited for mailing or delivery, anything declared by this section to be non- mailable, or shall knowingly take, or cause the same & 10382. (Tit. 69A THE CRIMINAL CODE * [Page 17061 to be taken, from the mails for the purpose of circu- lating or disposing thereof, or of aiding in the circu- lation or disposition thereof, shall be fined not more than five thousand dollars, Or imprisoned not more than five years, or both. And the term “indecent” within the intendment Of this Section Shall include matter of a character tending to incite arson, murder, or assassination. (R. S. § 3893, amended, July 12, 1876, c. 186, § 1, 19 Stat. 90, Sept. 26, 1888, c. 1039, § 2, 25 Stat. 496, and May 27, 1908, c. 206, 35 Stat. 416. March 4, 1909, c. 321, § 211, 35 Stat. 1129. March 4, 1911, c. 241, § 2, 36 Stat. 1339.) § 10382. (Crim. Code, § 212.) Libelous and indecent, matter on wrappers or envelopes; mail- ing—All matter otherwise mailable by law, upon the envelope or Outside cover or wrapper of which, or any postal card upon which, any delineations, epi- thets, terms, or language of an indecent, lewd, lascivi- OUIS, Obscene, libelous, Scurrilous, defamatory, Or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character Or Conduct Of another, may be written or printed or otherwise im- pressed Or apparent, are hereby declared nonmaila- ble matter, and shall not be conveyed in the mails nor delivered from any post-Office nor by any letter car- rier, and shall be withdrawn from the mails under Such regulations as the Postmaster-General shall pre- scribe. Whoever shall knowingly deposit or Cause to be deposited, for mailing or delivery, anything de- clared by this section to be nonmailable matter, or Shall knowingly talke the same Or Cause the same to be taken from the mails for the purpose of circulat- ing or disposing of or aiding in the circulation or dis- position of the same, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. (June 18, 1888, c. 394, § 2, 25 Stat. 187, amended, Sept. 26, 1888, c. 1039, § 1, 25 Stat. 496. March 4, 1909, c. 321, § 212, 35 Stat. 1129.) § 10383. (Crim. Code, § 213.) Lottery, or gift enterprise circulars not mailable; place of trial —No letter, package, postal card, or circular concern- ‘ing any lottery, gift enterprise, or similar scheme Of- fering prizes dependent in whole or in part upon lot Or chance; and no lottery ticket or part thereof, Or paper, certificate, or instrument purporting to be Or to represent a ticket, chance, share, or interest in Or dependent upon the event of a lottery, gift enter- prise, or similar scheme offering prizes dependent in whole or in part upon lot or chance; and no check, draft, bill, money, postal note, or money Order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme; and no newspaper, circular, pamphlet, Or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn Or awarded by means Of any Such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be deposited in or carried by the mails of the United States, or be de- livered by any postmaster or letter carrier. Who- ever shall knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, any- thing to be conveyed or delivered by mail in violation of the provisions of this section, or shall knowingly .deliver or cause to be delivered by mail anything herein forbidden to be carried by mail, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both; and for any Sub- sequent offense shall be imprisoned not more than five years. Any person violating any provision of this section may be tried and punished either in the district in which the unlawful matter or publication was mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be delivered by mail to the person to whom it was addressed. (R. S. § 3894, amended, July 12, 1876, c. 186, § 2, 19 Stat. 90, and Sept. 19, 1890, c. 908, § 1, 26 Stat. 465. March 2, 1895, c. 191, 28 Stat. 963. March 4, 1909, c. 321, § 213, 35 Stat. 1129.) - § 10384. (Crim. Code, § 214.) Official acting as lottery agent—Whoever, being a postmaster or oth- er person employed in the postal Service, shall act àS 'agent for any lottery office, or under Color of pur- Chase or otherwise, vend lottery tickets, or shall knowingly send by mail or deliver any letter, pack- age, postal Card, Circular, Or pamphlet advertising any lottery, gift enterprise, Or similar scheme, offer- ing prizes dependent in whole or in part upon lot or Chance, or any ticket, certificate, or instrument rep- resenting any chance, share, or interest in or de- pendent upon the event of any lottery, gift enter- prise, or Similar scheme offering prizes dependent in Whole or in part upon lot or chance, or any list of the prizes awarded by means of any such scheme, shall be fined not more than one hundred dollars, or imprisoned not more than One year, or both. (R. S. § 3851. March 4, 1909, c. 321, § 214, 35 Stat. 1130.) § 10385. (Crim. Code, § 215.) Using mails to promote frauds; counterfeit money—Whoever, hav- ing devised or intending to devise any scheme or ar- tifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, represen- tations, Or promises, or to sell, dispose of, loan, eX- change, alter, give away, distribute, supply, or fur- nish or procure for unlawful use any counterfeit or spurious coin, bank note, paper money, or any obliga- tion or security of the United States, or of any State, Territory, municipality, company, corporation, Or per- son, or anything represented to be or intimated Or held out to be Such Counterfeit Or Spurious article. Or any scheme or artifice to obtain money by or through correspondence, by what is commonly called the “Saw- dust swindle,” or “counterfeit-money fraud,” or by dealing or pretending to deal in what is Commonly called “green articles,” “green coin,” “green goods,” “bills,” “paper goods,” “spurious Treasury notes,” “United States goods,” “green cigars,” or any other names or terms intended to be understood as relating to such counterfeit or spurious articles, shall, for the purpose of executing such scheme Or artifice Or attenpting so to do, place, or cause to be placed, any letter, postal card, package, writing, Circular, pamph- let, or advertisement, whether addressed to any per- son residing within or outside the United States, in any post-office, or station thereof, or street or other letter box of the United States, or authorized de- pository for mail matter, to be sent or delivered by the post-office establishment of the United States, or shall take or receive any such therefrom, Whether mailed within or without the United States, or Shall knowingly cause to be delivered by mail according to . the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such letter, postal card, package, Writ- ing, circular, pamphlet, or advertisement, Shall be fined not more than one thousand dollars, or impri- soned not more than five years, or both. (R. S. § 5480, amended, March 2, 1889, c. 393, § 1, 25 Stat. 873. March 4, 1909, c. 321, $ 215, 35 Stat. 1130.) § 10386. (Crim. Code, § 216.) Using fraudu- lent fictitious address—Whoever, for the purpose of conducting, promoting, or carrying On, in any manner, by means of the post-office establishment of the TJnit- ed States, any scheme or device mentioned in the Sec- tion last preceding or any other unlawful business whatsoever, shall use or assume, or request to be addressed by, any fictitious, false, or assumed title, name, or address, or name other than his own prop- er name, or shall take or receive from any post-Of- fice of the United States, or station thereof, or any Ch. 8) ź 10388 THE CRIMINAL CODE other authorized depository of mail matter, any let- ter, postal card, package, or other mail matter ad- dressed to any such fictitious, false, Or assumed title, name, or address, or name other than his Own prop- er name, shall be punished as provided in the sec- tion last preceding. (March 2, 1889, c. 393, § 2, 25 Stat. 873. March 4, 1909, c. 321, § 216, 35 Stat. 1131.) § 10387. (Crim. Code, § 217.) Poisons or ex- plosives not mailable; packing permitted; in- toxicating iiquors; mailing; injurious intent- All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, and reptiles, and explosives of all kinds, and inflam- mable materials, and infernal machines, and mechan- ical, chemical, or other devices or compositions which may ignite or explode, and all disease germs Or Scabs, and aii Other natural or artificial articles, COmposi- tions, or materials of whatever kind which may kill, or in any wise hurt, harm, or injure another, or dam- age, deface, or otherwise injure the mails Or Other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter, and shall not be conveyed in the mails Or delivered from any post-office or station thereof, nor by any letter Carrier; but the POStrmaster-General may permit the transmission in the mails, under Such rules and reg- ulations as he shall prescribe as to preparation and . packing, of any articles hereinbefore described which are not outwardly Or of their Own force dangerous or injurious to life, health, or property: Provided, That all spirituous, vinous, malted, fermented, or oth- er intoxicating liquors of any kind, are hereby de- Clared to be nonmailable and shall not be deposited in or carried through the mails. Whoever shall know- ingly deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, unless in accord- ance with the rules and regulations hereby authoriz- ed to be prescribed by the Postmaster-General, shall be fined not more than one thousand dollars, or irn- prisoned not more than two years, or both ; and who- ever shall knowingly deposit or cause to be deposit- ed for mailing or delivery, or shall knowingly cause to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any- thing declared by this section to be nonmailable, Whether transmitted in accordance with the rules and regulations authorized to be prescribed by the Post- master-General or not, with the design, intent, or purpose to kill, or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or , both. (March 4, 1909, c. 321, § 217, 35 Stat. 1131.) - § 10387a. Use of mails for advertisements of intoxicating liquors intended for prohibition states–No letter, postal card, circular, newspaper, parmphlet, Or publication of any kind containing any advertisement of spirituous, vinous, malted, ferment- ed, or other intoxicating liquors of any kind, or con- taining a solicitation of an order or orders for said liquors, or any of them, shall be deposited in or car- ried by the mails of the United States, or be deliv- ered by any postmaster or letter carrier, when ad- dressed or directed to any person, firm, corporation, Or, association, or other addressee, at any place or point in any State or Territory of the United States at which it is by the law in force in the State or Ter- ritory at that time unlawful to advertise or solicit or- ders for Such liquors, or any of them, respectively. (March 3, 1917, c. 162, § 5, 39 Stat. 1069.) {Page 1707] § 10387 b. Same; punishment—If the publisher of any newspaper or other publication or the agent of Such publisher, or if any dealer in Such liquors or his agent, shall knowingly deposit or cause to be de- posited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in vi- olation of the provisions of this section, , or shall knowingly deliver or cause to be delivered by mail anything herein forbidden to be carried by mail, shall be fined not more than $1,000 or imprisoned not more than six months, or both ; and for any Subsequent Offense Shall be imprisoned not more than One year. Any person violating any provision of this section may be tried and punished, either in the district in which the unlawful matter or publication was mailed Or to which it was carried by Imail for delivery, ac- cording to direction thereon, or in which it was caus- ed to be delivered by mail to the person to whom it was addressed. (March 3, 1917, c. 162, § 5, 39 Stat. 1069.) § 10387 c. Same; designation of States hav- ing prohibition—The Postmaster General is hereby authorized and directed to make public from time to time in suitable bulletins or public notices the names Of States in which it is unlawful to advertise Or Solicit Orders for Such liquors. (March 3, 1917, c. 162, § 5, 39 Stat. 1069.) § 10387d. Same; time of taking effect of Act —Section five of an Act making appropriations for the service Of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes, shall not be in effect until July first, nineteen hundred and sev- enteen. (March 4, 1917, c. 192, 39 Stat. 1202.) § 10387e. Same; ethyl alcohol for govern- mental purposes; wine for sacramental purpos- es—Section five of the Act approved March third, nineteen hundred and seventeen, entitled “An Act making appropriations for the Post Office Depart- ment for the year ending June thirtieth, nineteen hundred and eighteen,” shall not be construed to apply to ethyl alcohol for governmental, scientific, medicinal, mechanical, manufacturing, and industrial purposes, and the POStrmaster General shall prescribe Suitable rules and regulations to carry into effect this section in connection with the Act of which it is amendatory, nor shall said Section be held to prohibit the use of the mails by regularly Ordained ministers of religion, Or by Officers of regularly established churches, for ordering wines for sacramental uses, or by manu- facturers and dealers for quoting and billing, such wines for such purposes only. (Oct. 3, 1917, c. 63, § 1110, 40 Stat. 329.) - - § 10388. (Crim. Code, § 218.) Counterfeit- ing money orders—Whoever, with intent to defraud, shall falsely make, forge, counterfeit, engrave, or print, or cause or procure to be falsely made, forged. Counterfeited, engraved, or printed, or shall willing- ly aid or assist in falsely making, forging, Counter- feiting, engraving, or printing, any order in imitation of or purporting to be a money order issued by the Post-Office Department, or by any postmaster or agent thereof; or whoever shall forge or counterfeit the signature of any postmaster, assistant postmaster. chief clerk, or clerk, upon or to any money Order, or postal note, or blank therefor provided Or issued by or under the direction of the Post-Office Department of the United States, or of any foreign country, and payable in the United States, or any material signa- ture or indorsement thereon, or any material signa- ture to any receipt Or Certificate of identification thereon ; or shall falsely alter, or cause or procure to be falsely altered in any material respect, Or know- ingly aid or assist in falsely so altering any such money order or postal note; or shall, with intent to defraud, pass, utter, Or publish any Such forged or altered money order or postal note, knowing any ma- terial signature or indorsement thereon to be false, 3 10389 (Tit. 69A THE CRIMINAL CODE IPage 170SI forged, or counterfeited, or any material alteration therein to have been falsely made; or shall issue any money Order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other per- son, either directly or indirectly, to obtain or receive from the United States, or any officer, employee, or agent thereof, any sum of money whatever ; or shall, with intent to defraud the United States, or any per- son, transmit or present to, or cause or procure to be transmitted Or presented to, any officer or employee, Or at any Office Of the Government of the United States, any money Order or postal note, knowing the same to contain any forged or counterfeited signa- ture to the Same, Or to any material indorsement, re- ceipt, or certificate thereon, or material alteration therein unlawfully made, or to have been unlaw- fully issued. Without previous payment Of the amount required to be paid upon Such issue, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. (R. S. § 5463, amended, Jan. 3, 1887, c. 13, § 2, 24 Stat. 355. June 18, 1888, c. 394, § 2, 25 Stat. 187. March 4, 1909, c. 321, § 218, 35 Stat. 1131.) § 10389. (Crim. Code, § 219.) Counterfeit- ing postage staxmps—Whoever shall forge or Coun- terfeit any postage stamp, Or any stamp printed upon any stamped envelope, Or postal card, Or any die, plate, or engraving therefor; or shall make or print, Or knowingly use Or sell, Or have in possession with intent to use or sell, any such forged or counterfeited postage Stamp, Stamped envelope, postal Card, die, plate, Or engraving ; or shall make, or knowingly use or sell, or have in possession with intent to use or Sell, any paper bearing the watermark of any stamp- ed envelope, Or postal card, Or any fraudulent imita- tion thereof; or shall make or print, or authorize Or procure to be made or printed, any postage stamp, stamped envelope, or postal card, of the kind au- thorized and provided by the Post-Office Department, Without the Special authority and direction of Said department; or shall, after such postage stamp, stamped envelope, or postal card has been printed, with intent to defraud, deliver the same to any per- SOn not authorized by an instrument in writing, duly executed under the hand Of the Postmaster-General and the Seal of the Post-Office Department, to receive it, shall be fined not more than five hundred dollars, or imprisoned not more than five years, or both. (R. S. § 5464. March 4, 1909, c. 321, § 219, 35 Stat. 1132.) § 10390. (Crim. Code, § 220.) Counterfeit– ing foreign starmps—Whoever shall forge, or coun- terfeit, Or knowingly utter or use any forged or Counterfeited postage stamp of any foreign govern- ment, shall be fined not more than five hundred dol- lars, or imprisoned not more than five years, or both. º: S. § 5465. March 4, 1909, c. 321, § 220, 35 Stat. 132.) § 10391. (Crim. Code, § 221.) Inclosing higher in lower class matter—Matter of the sec- Ond, third, or fourth class containing any writing or printing in addition to the original matter, other than as authorized by law, shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first class, deducting there- from any amount which may have been prepaid by stamps affixed, unless by direction of the Postmaster- General Such postage shall be remitted. Whoever shall knowingly conceal or inclose any matter of a higher class in that of a lower class, and deposit or cause the same to be deposited for conveyance by mail, at a less rate than would be charged for such higher class matter, shall be fined not more than one hundred dollars. (R. S. § 3887. Jan. 20, 1888, c. 2, § 2, 25 Stat. 2. March 4, 1909, c. 321, § 221, 35 Stat. 1132.) § 10392. (Crim. Code, § 222.) Postmaster ifiegally approving bond—Whoever, being a post- master, shall affix his signature to the approval Of any bond Of a bidder, or to the certificate of Suffi- Ciency of Sureties in any contract, before the said bond Or Contract is signed by the bidder or contractor and his Sureties, or shall knowingly, or without the exercise Of due diligence, approve any bond of a bid- der with insufficient Sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office and be thereafter disqualified from holding the Office of postmaster ; and shall also be fined not more than five thousand dollars, or im- prisoned not more than one year, or both. (R. S. § 3947. June 23, 1874, c. 456, § 12, 18 Stat. 235. March 4, 1909, c. 321, § 222, 35 Stat. 1133.) § 10393. (Crim. Code, § 223.) Submitting false evidence as to second-class matter–Whoever shall knowingly submit or cause to be Submitted to any postmaster or to the Post-Office Department or any officer of the postal service, any false evidence relative to any publication for the purpose of Secur- ing the admission thereof at the second-class rate, for transportation in the mails, shall be fined not more than five hundred dollars. (March 3, 1879, C. 180, § 13, 20 Stat. 359, amended, Act June 18, 1888, c. 394, § 1, 25 Stat. 187, and March 2, 1905, c. 1304, 33 Stat. 823. March 4, 1909, c. 321, § 223, 35 Stat. 1133.) § 10394. (Crim. Code, § 224.) Inducing or prosecuting false claims for losses—Whoever Shall make, allege, or present, or cause to be made, alleged, or presented, or assist, aid, or abet in making, al- leging, or presenting, any claim or application for indemnity for the loss of any registered letter, par- cel, package, or other article or matter, Or the Con- tents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or applica- tion, shall make or use, or cause to be made or used, any false statement, certificate, affidavit, or deposi- tion ; or whoever shall knowingly and willfully mis- represent, or misstate, or, for the purpose aforesaid shall knowingly and willfully conceal any material fact or circumstance in respect of any such claim or application for indemnity, shall be fined not more than five hundred dollars, or imprisoned not more than One year, or both. (March 4, 1909, c. 321, § 224, 35 Stat. 1133.) - § 10395. (Crim. Code, § 225.) Misappropri- ating postal funds or property; prima facie evi- dence; deposits permitted—Whoever, being a post- master or other person employed in or connected with any branch of the postal Service, shall loan, use, pledge, hypothecate, or convert to his own use, Or shall deposit in any bank, or exchange for other funds or property, except as authorized by law, any money or property coming into his hands or under his Con- trol in any manner whatever, in the execution or under color of his office, employment, or Service, whether the same shall be the money Or property of the United States Or not ; or shall fail or refuse to remit to or deposit in the Treasury of the United States or in a designated depository, Or to account for or turn over to the proper officer or agent, any Such money or property, when required so to (lo by law or the regulations of the Post-Office Department, or upon demand or order of the Postmaster-General, either directly or through a duly authorized officer or agent, shall be deemed guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money Or property embezzled, or imprisoned not more than ten years, or both. Any failure to produce or to pay over any such money or property, when required so to do Ch.9) & 10401d THE CRIMINAL CODE [Page 1709 I as above provided, shall be taken to be prima facie evidence of Such embezzlement; and upon the trial of any indictment against any person for such em- bezzlement, it shall be prima facie evidence Of a bal- ance against him to produce a transcript from the account books of the Auditor for the Post-Office De- partment. But nothing herein shall be COnStrued to prohibit any postmaster depositing, under the direc- tion of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his Own Credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postmaster- General, for the purpose of remitting surplus funds from one post-office to another. (R. S. §§ 4046, 4053. March 4, 1909, c. 321, § 225, 35 Stat. 1133.) § 10396. (Crim. Code, § 226.) Employees in- terested in mail contracts—Whoever, being a per- SOn employed in the postal service, shall become in- terested in any contract for Carrying the mail, or act aS agent, with Or without COmpensation, for any COn- tractor or person offering to become a contractor in any business before the Department, shall be imme- diately dismissed from office, and shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both. (R. S. § 412. 4, 1909, c. 321, § 226, 35 Stat. 1134.) § 10397. (Crim. Code, § 227.) Fraudulent use of official envelopes—Whoever shall make use of any Official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than three hundred dollars. (March 3, 1877, c. 103, § 5, 19 Stat. 335. March 3, 1879, c. 180, § 29, 20 Stat. 362. 5, 1884, c. 234, § 3, 23 Stat. 158. July 2, 1886, c. 611, 24 Stat. 122. March 4, 1909, c. 321, § 227, 35 Stat. 1134.) - - - § 10398. (Crim. Code, § 228.) Fraudulently increasing weight of mail—Whoever shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of in- creasing the weight of the mail, with intent to cause an increase in the Compensation Of the railroad mail carrier Over whose route such mail may pass, shall be fined not more than twenty thousand dollars, or im- prisoned not more than five years, or both. (June 13, 1898, c. 446, § 1, 30 Stat. 442. March 4, 1909, c. 321, § 228, 35 Stat. 1134.) g § 10399. (Crim. Code, § 229.) Offenses against foreign mail in transit; indictments—Every for- eign mail, shall, while being transported across the territory of the United States under authority of law, be taken and deemed to be a mail of the United States so far as to make any violation thereof, or depredation thereon, or offense in respect thereto, or any part thereof, an offense of the same grade, and punishable in the same manner and to the same ex- tent as though the mail was a mail of the United States; any such offense, the mail, or any part thereof, may be alleged to be, and on the trial of any such indict- ment or information it shall be deemed and held to be, a mail or part of a mail of the United States. (R. S. § 4013. March 4, 1909, c. 321, § 229, 35 Stat. 1134.) § 10400. (Crim. Code, § 230.) Omission to take oath—Every person employed in the postal serv- ice shall be subject to all penalties and forfeitures for the violation of the laws relating to such service, whether he has taken the oath of office or not. (R. S. § 3832. March 4, 1909, c. 321, § 230, 35 Stat. 1134.) § 10401. (Crim. Code, § 231.) Definition—The words “postal service,” wherever used in this chapter, shall be held and deemed to include the “Post-Office Department.” (March 4, 1909, c. 321, § 231, 35 Stat. 1134.) . March July and in any indictment Or information for § 10401a. Use of mails; letters or writings in violation of Act declared nonmailable; open- ing letters—Every letter, writing, circular, postal card, picture, print, engraving, photograph, news- paper, pamphlet, book, or other publication, matter Or thing, Of any kind, in violation of any of the provisions Of this Act is hereby declared to be non- mailable matter and shall not be conveyed in the mails Or delivered from any post Office Or by any let- ter Carrier: Provided, That nothing in this Act shall be SO COnstrued as to authorize any person other than an employé of the Dead Letter Office, duly au- thorized theretO, or Other person upon a Search war- rant authorized by law, to Open any letter not ad- dressed to himself. (June 15, 1917, c. 30, title XII, § 1, 40 Stat. 230.) £ See note to § 10514a. - § 10401B. Same; . Ietters or writings advocat- ing treason declared nonmailable—Every letter, writing, circular, postal card, picture, print, engrav- ing, photograph, newspaper, pamphlet, book, or other publication, matter Or thing, of any kind, Containing any matter advocating or urging treason, insurrection, Or forcible resistance to any law of the United States, is hereby declared to be nonmailable. (June 15, 1917, c. 30, title XII, § 2, 40 Stat. 230.) - § 10401c. Same; using or attempting to use mails or Postal Service for transmission of mat- ter declared nonmailable by title; jurisdiction of offense—Whoever shall use or attempt to use the mails or Postal Service of the United States for the transmission Of any matter declared by this title to be nonmailable, shall be fined not more than $5,000 Or imprisoned not more than five years, or both. Any person violating any provision of this title may be tried and punished either in the district in which the unlawful matter or publication was mailed, or to which it was carried by mail for delivery according to the direction thereon, Or in which it was caused to be delivered by mail to the person to whom it was addressed. (June 15, 1917, c. 30, title XII, § 3, 40 Stat. 230.) - § 10401d. Same; for seditious or disloyal purposes—When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person Or concern is using the mails in violation of any of the provisions of this Act, in- Struct the postmaster at any post office at which mail is received addressed to such person or concern to re- turn to the postmaster at the office at which they Were Originally mailed all letters or of her matter So addressed, with the words “Mail to this address undeliverable under Espionage Act” plainly written Or Stamped upon the Outside thereof, and all such letters or other matter so returned to such postmas- terS Shall be by them returned to the Senders thereof under such regulations as the Postmaster General may prescribe. (June 15, 1917, c. 30, title XII, § 4, added, May 16, 1918, c. 75, § 2, 40 Stat.) - Chapter Nine—Offenses Against For- eign and Interstate Commerce Sec. 10402. Carrying explosives; on vessels or vehicles with pas- sengers for hire; explosives permitted; restriction; military transportation. 10403. Same; regulations for transporting made by Interstate Commerce Commission; effect. 10404. Same; high explosives excluded. 10405. Same; marking packages. - 10406. Same; causing death or injury by illegal transporta- tion. 10407. Importing lottery tickets; interstate carriage. 10408. Intoxicating liquors; by interstate shipment delivery to other than bona, fide consignee. 10409. Same; carrier collecting purchase price of interstate shipment. - 10410. Same ; shipping packages in interstate commerce not plainly marked. • 10411. Importing injurious birds and animals; permits for foreign wild animals; specimens for museums. # 10402. (Tit. 69A THE CRIMINAL CODE Sec. - . . - 10412. Transportation of illegally killed game; shipments in game season; feathers of barnyard fowls. 10413. Marking of packages. 10414. Penalty. - 10415. Importing and transporting obscene books. - 10416. Prize-fight films; transportation or importation. 10417. Same; receiving for sale or exhibition. 10418. Same; punishment. * 104.18a. Violent interference with foreign Commerce. § 10402. (Crim. Code, § 232.) Carrying explo- sives; on vessels or vehicles with passengers for hire; explosives permitted; restriction; mili- tary transportation—It shall be unlawful to trans- port, carry, or convey, any dynamite, gunpowder, Or other explosive, between a place in a foreign Country and a place within or subject to the jurisdiction of the United States, or between a place in any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction there- of, and a place in any other State, Territory, Or DiS- trict of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description Operated by a common carrier, which vessel or vehicle is carrying passen- gers for hire: Provided, That it shall be lawful to transport on any such vessel or vehicle small arms ammunition in any quantity, and such fuses, torpe- does, rockets, Or Other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for labora- tory examination, not exceeding a net weight of One- half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such samples shall not be carried in that part of a vessel or vehicle which is intended for the transportation of passengers for hire: Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions Of War On passenger equip- ment vessels or vehicles. (R. S. § 5353. May 30, 1908, c. 234, § 1, 35 Stat. 554. March 4, 1909, c. 321, § 232, 35 Stat. 1134.) $ 10403. (Crim. Code, § 23.3.) Same; regula- tions for transporting made by Interstate Com- merce Commission; effect—The Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives, which shall be binding upon all COmmon Carriers engaged in interstate Or foreign Commerce which transport explosives by land. Said Commission, Of its OWn motion, Or upon appli- cation made by any interested party, may make Chang- es or modifications in such regulations, made desirable by new information or altered conditions. Such regu- lations shall be in accord with the best known prac- ticable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condi- tion to transport. Such regulations, as well as all changes Or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified. (May 30, 1908, c. 234, § 2, 35 Stat. 555. March 4, 1909, c. 321, § 233, 35. Stat. 1135.) - - § 104.04. (Crim. Code, § 234.) Same; high ex- plosives excluded—It shall be unlawful to trans- port, carry, or convey, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, be- tween a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any Other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description Operated by a COmmon carrier in the transportation of passengers or articles of commerce [Page 1710] by land or water. (May 30, 1908, c. 234, § 8, 35 Stat. 555. March 4, 1909, c. 321, § 234, 35 Stat. 1135.) § 10405. (Crim. Code, § 235.) Same; marking packages-Every package containing explosives or Other dangerous articles when presented to a com- mon Carrier for shipment shall have plainly marked On the outside thereof the contents thereof; and it Shall be unlawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by land or water, for interstate or foreign transportation, or to carry upon any vessel Or Vehicle engaged in interstate or for- eign transportation, any explosive, or other dangerous article, under any false or deceptive marking, de- Scription, in Voice, shipping order, or other declara- tion, Or without informing the agent of such carrier Of the true character thereof, at or before the time Such delivery Or carriage is made. Whoever shall knowingly violate, or cause to be violated, any pro- Vision of this section, or of the three sections last preceding, Or any regulation made by the Interstate Commerce Commission in pursuance thereof, shall be fined not more than two thousand dollars, or im- prisoned not more than eighteen months, or both. (R. S. $ 5855. May 30, 1908, c. 234, §§ 4, 5, 35 Stat. 555. March 4, 1909, c. 321, § 235, 35 Stat. 1135.) § 10406. (Crim. Code, § 236.) Same; causing death or injury by illegal transportation—When the death Or bodily injury of any person is caused by the explosion of any article named in the four sec- tions last preceding, while the same is being placed upon any vessel or vehicle to be transported in vio- lation thereof, or while the same is being so trans- ported, Or While the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the placing, of such articles up- On any Such vessel or vehicle, to be so transported, Shall be imprisoned not more than ten years. (R. S. § 5354. March 4, 1909, c. 321, § 236, 35 Stat. 1136.) § 10407. (Crim. Code, § 237.) Importing lot- tery tickets; interstate carriage—Whoever shall bring or cause to be brought into the United States Or any place subject to the jurisdiction thereof, from any foreign country, for the purpose of disposing of the Same, any paper, certificate, or instrument purport- ing to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes de- pendent in Whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or award- ed by means of, any such lottery, gift enterprise, or similar scheme; or shall therein knowingly deposit or Cause to be deposited with any express company Or other Common carrier for carriage, or shall carry, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District Of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the Unit- ed States through á foreign country to any place in or subject to the jurisdiction thereof, or from any place in Or subject to the jurisdiction of the United States to a foreign country, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in Or dependent upon, the event of any such lottery, gift enterprise, or similar scheme, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme, or shall knowingly take Or receive, or cause to be taken or received, any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall, for the first offense, be fined not more than one thousand dol- lars, or imprisoned not more than two years, or both ; and for any subsequent offense shall be imprisoned not more than two years. (March 2, 1895, c. 191, 28 Stat. 963. March 4, 1909, c. 321, § 237, 35 Stat. 1136.) Ch. 9) Ž 10415 THE CRIMINAL CODE IPage 1711] § 10408. (Crim. Code, § 238.) Intoxicating liquors; by interstate shipment delivery to . oth- er than bona fide consignee—Any Officer, agent, Or employee of any railroad company, express Company, Or other common carrier, who shall knowingly de- liver or cause to be delivered to any person other than the person to whom it has been consigned, un- Hess upon the written order in each instance of the bona fide consignee, or to any fictitious person, or to any person under a fictitious name, any spiritu- Ous, winous, malted, fermented, or other intoxicating liquor of any kind which has been shipped from one State, Territory, or District of the United States, or place noncontiguous to but Subject to the jurisdic- tion thereof, into any other State, Territory, or Dis- trict of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontigu- Ous to but subject to the jurisdiction thereof, shall be fined not more than five thousand dollars, or im- prisoned not more than two years, or both. (March 4, 1909, c. 321, § 238, 35 Stat. 1136.) § 10409. (Crim. Code, § 239.) Same; carrier . collecting purchase price of interstate shipment —Any railroad company, express company, or other Common carrier, or any other person who, in con- nection with the transportation of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from One State, Territory, or District of the United States, or place noncontigu- Ous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall collect the purchase price Or any part thereof, before, On, or after delivery, from the consignee, or from any other person, or Shall in any manner act as the agent of the buyer Or Seller of any such liquor, for the purpose of buy- ing or Selfing or completing the sale thereof, saving Only in the actual transportation and delivery of the Same, Shall be fined not more than five thousand dollars. (March 4, 1909, c. 321, § 239, 35 Stat. 1136.) § 10410. (Crim. Code, § 240.) Same; shipping packages in interstate commerce not plainly marked—Whoever shall knowingly ship or cause to be shipped, from one State, Territory, or District Of the United States, or place noncontiguous to but Subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdic- tion thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdic- tion thereof, any package of or package containing any Spirituous, Vinous, malted, fermented, or other intoxicating liquor of any kind, unless such package 'be so labeled on the outside cover as to plainly show the name of the consignee, the nature of its con- tents, and the quantity contained therein, shall be fined not more than five thousand dollars; and Such liquor shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture Of property imported into the United States Con- #, to law. (March 4, 1909, c. 321, § 240, 35 Stat. 1137. * § 10411. (Crim. Code, § 241.) Ingporting in- jurious birds and aminals; permits for foreign wild animals; specimens for museums—The im- portation into the United States, or any Territory Or District thereof, of the mongoose, the so-called “flying foxes” or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture, is hereby prohibited ; and all Such birds and animals shall, upon arrival at any port Of the United States, be destroyed or returned at the expense of the owner. No person shall import into the United States or into any Territory or District thereof, any foreign wild animal or bird, except under special permit from the Secretary of Agricul- ture: Provided, that nothing in this section shall restrict the importation of natural history Specimens for museums or scientific collections, or of certain cage birds, such as domesticated Canaries, parrots, Or such other birds as the Secretary Of Agriculture may designate. The Secretary of the Treasury is Hereby authorized to make regulations for Carrying into effect the provisions of this section. (May 25, 1900, c. 553, § 2, 31 Stat. 188. March 4, 1909, c. 321, § 241, 35 Stat. 1137.) § 10412. (Crim. Code, § 242.) Transportation of illegally killed game; shipments in game sea- son; feathers of barnyard fowls—It shall be un- lawful for any person to deliver to any common Car- rier for transportation, or for any common carrier to transport from any State, Territory, or District of the United States, to any other State, Territory, or District thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bod- ies or parts thereof of any Wild animals or birds, where Such animals Or birds have been killed OT shipped in violation of the laws of the State, Terri- tory, or District in which the same were killed, or from which they were shipped: Provided, That noth- ing herein shall prevent the transportation of any dead birds or animals killed during the season when the same may be lawfully Captured, and the export of which is not prohibited by law in the State, Terri- tory, or District in which the same are captured or killed: Provided further, That nothing herein shall prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowls. (May 25, 1900, c. 553, §§ 3, 5, 31 Stat. 188. March 4, 1909, c. 321, § 242, 35 Stat. 1137.) - - § 10413. (Crim. Code, § 243.) Marking of packages—All packages containing the dead bodies, or the plumage, or parts thereof, of game animals, or game or other wild birds, when shipped in inter- state or foreign commerce, shall be plainly and Clear- ly marked, so that the name and address of the ship- per, and the nature of the contents, may be readily ascertained on an inspection of the Outside of Such package. (May 25, 1900, c. 553, § 4, 31 Stat. 188. March 4, 1909, c. 321, $ 243, 35 Stat. 1137.) § 10414. (Crim. Code, § 244.) Penalty—For each evasion or violation of any provision of the three sections last preceding, the shinper shall be fined not more than two hundred dollars; the COn- signee knowingly receiving such articles So shipped and transported in violation of said sections shall be fined not more than two hundred dollars; and the carrier knowingly carrying or transporting flhe same in violation of said sections shall be fined not more than two hundred dollars. (May 25, 1900, c. 553, § 4, 31 Stat. 188. March 4, 1909, c. 321, § 244, 35 Stat. 1138.) . - - § 10415. (Crim. Code, § 245.) Importing and transporting obscene books—Whoever shall bring or cause to be brought into the United States Or any place subject to the jurisdiction thereof, from any foreign country, or shall therein knowingly de- posit or cause to be deposited with any express Com- pany or other common carrier, for carriage from one State, Territory, or District of the United States, or place noncontiguous to but sulīject to the juris’ diction thereof, to any other State, Territory, Or District of the United States, or place noncontiguous ź 10416 (Tit. 69A THE CRIMINAL CODE [Page 1712I to but Subject to the jurisdiction thereof, or from any place in or Subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any obscene, lewd, or lascivious, or any filthy, book, pamphlet, picture, paper, letter, Writing, print, or other matter of in- decent character, Or any drug, medicine, article, or thing designed, adapted, or intended for preventing Conception or producing abortion, or for any inde- Cent Or immoral use, or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what Imeans any Of the hereinbefore-mentioned articles, Imatters or things may be obtained or made; or who- ever shall knowingly take or cause to be taken from Such express company or Other common carrier any matter or thing the depositing of which for car- riage is herein made unlawful, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. (Feb. 8, 1897, c. 172, 29 Stat. 512, amended, Feb. 8, 1905, c. 550, 33 Stat. 705. March 4, 1909, c. 321, § 245, 35 Stat. 1138.) § 10416. Prize-fight films; transportation or importation—It shall be unlawful for any person to deposit or cause to be deposited in the United States mails for mailing or delivery, or to deposit or cause to be deposited with any express company or other Common Carrier for carriage, or to send or carry from One State or Territory of the United States or the Dis- trict of Columbia to any other State or Territory of the United States or the District of Columbia, or to bring or to cause to be brought into the United States from abroad, any film or other pictorial representation Of any prize fight or encounter of pugilists, under Whatever name, which is designed to be used or may be used for purposes of public exhibition. (July 31, 1912, c. 263, § 1, 37 Stat. 240.) $ iO417. Same; receiving for sale or exhibi— tion-It Shall be unlawful for any person to take or receive from the mails, or any express company or oth- er Common carrier, with intent to sell, distribute, cir- Culate, or exhibit any matter or thing herein forbid- den to be deposited for mailing, delivery, or carriage in interstate commerce. (July 31, 1912, c. 263, § 2, 37 Stat. 241.) - § 10418. Same; punishment—Any person vio- lating any Of the provisions of this Act shall for each Offense, upon conviction thereof, be fined not more than One thousand dollars or sentenced to imprison- ment at hard labor for not more than one year, or both, at the discretion of the court. (July 31, 1912, c. 263, § 3, 37 Stat. 241.) - § 104.18a. Violent interference with foreign commerce—Whoever, with intent to prevent, inter- fere with, or obstruct or attempt to prevent, interfere With, or obstruct the exportation to foreign countries Of articles from the United States shall injure or de- Stroy, by fire or explosives, such articles or the places where they may be while in such foreign commerce, shall be fined not more than $10,000, or imprisoned not more than ten years, or both. (June 15, 1917, c. 30, title IV, § 1, 40 Stat. 221.) Chapter Ten—The Slave Trade and Sec. Peonage 10419. Confining or detaining slaves on vessel. 10420. Seizing slaves on foreign shores. 10421. 10422. 10423. 10424. 10425. 104.26. 10427. 10428. Bringing slaves into United States. Equipping vessels for slave trade. Transporting persons to be held as slaves. Hovering on coast with slaves on board. Serving on vessels in slave trade. Receiving or carrying away person to be sold or held as slave. Equipping vessel for slave trade; forfeiture; moiety to informer. - Same; penalty; moiety to informer. Sec. 10429. Fºre of vessels transporting slaves; moiety to in- OI’IſleI’. 10430. Receiving persons on board to be sold as slaves; pen- - alty; moiety to informer. l 10431. Vessels found hovering on coasts forfeited. 10432. Fººture of interest in slave vessels; additional pen- alty. 10433. Seizure of vessels in slave trade. 10434. Proceeds of condemned vessels paid into Treasury. 10435. Disposal of persons found on seized vessel. 10436. Apprehension of Officers and crew. 10437. Removal of persons delivered from seized vessel. 10438. To what port captured vessel sent. - 10439. When Owners of foreign vessels shall give bond. 10440. Instructions to masters of armed vessels. 10441. P&idnapping. - - 10442. Holding or returning persons to peonage. 10443. Same; obstructing enforcement of law. 10444. Bringing kidnaped person into United States. § 10419. (Crim. Code, § 246.) Confining or detaining slaves on vessel—Whoever, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's Com- pany of any vessel owned wholly or in part, or navi. gated for or in behalf of any citizen of the United States, forcibly confines or detains on board Such Ves- sel any person as a slave, or, on board such vessel, Offers Or attempts to sell as a slave any Such perSOI), Or On the high Seas, Or anywhere On tide water, trans- fers Or delivers to any other Vessel any Such perSOn With intent to make such perSOn a slave, or lands Or delivers on Shore from On board Such vessel any per- son with intent to make sale of, or having previously sold such person as a slave, is a pirate, and shall be imprisoned for life. (R. S. § 5375. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 246, 35 Stat. 1138.) - § 10420. (Crim. Gode, § 247.) Seizing slaves on foreign shores—Whoever, being of the Crew Or ship’s. Company of any foreign vessel engaged in the slave trade, or being of the crew or ship's Company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States, lands from such vessel, and, On any foreign shore, seizes any person with intent to make such person a slave, or decoys, or forcibly brings, or carries or re- ceives such person. On board such vessel, with like in- tent, is a pirate, and shall be imprisoned for life. (R. S. § 5376. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 247, 35 Stat. 1139.) § 10421. (Crim. Code, § 248.) Bringing slaves into United States—Whoever brings within the ju- risdiction Of the United States, in any manner what- soever, any person from any foreign kingdom Or COun- try, or from sea, or holds, sells, or otherwise disposes Of, any person so brought in, as a slave, Or to be held to service Or labor, shall be fined not more than ten thousand dollars, one half to the use of the United States and the Other half to the use Of the party who prosecutes the indictment to effect; and, moreover, shall be imprisoned not more than Seven years. (R. S. § 5377. March 4, 1909, c. 321, § 248, 35 Stat. 1139.) § 10422. (Crim. Code, § 249.) Equipping ves- sels for slave trade—Whoever builds, fits out, equips, loads, or otherwise prepares, or sends away, either as master, factor, or owner, any vessel, in any port Or place within the jurisdiction of the United States, Or causes such vessel to sail from any port Or place What- soever, within such jurisdiction, for the purpose of procuring any person from any foreign kingdom Or country to be transported to any port or place WhatsO- ever, to be held, sold, or otherwise disposed Of as a slave, or held to service or labor, shall be fined not more than five thousand dollars, one half to the use of the United States and the other half to the use of the person prosecuting the indictment to effect; and shall, moreover, be imprisoned not more than Seven years. (R. S. § 5378. March 4, 1909, c. 321, § 249, 35 Stat. 1139.) J § 10423. (Crim. Code, § 250.) Transporting persons to be held as slaves—Whoever, within the Ch. 10) Ž 10434 THE CRIMINAL CODE [Page 1713] jurisdiction of the United States, takes on board, re- ceives, or transports from any foreign kingdom or country, or from sea, any person in any vessel, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or to be held to service or labor, shall be punished as prescribed in the section last preceding. (R. S. § 5379. March 4, 1909, c. 321, § 250, 35 Stat. 1139.) § 10424. (Crim. Code, § 251.) Hovering on coast with slaves on board—Whoever, being the captain, master, or commander of any Vessel found in any river, port, bay, harbor, or on the high SeaS, within the jurisdiction of the United States, or hover- ing on the coast thereof, having on board- any perSon, for the purpose of selling Such person as a Slave, Or with intent to land such person for any such pur- pose, shall be fined not more than ten thousand dol- lars and imprisoned not more than four years. (R. S. § 5380. March 4, 1909, c. 321, § 251, 35 Stat. 1139.) § 10425. (Crim. Code, § 252.) Serving on ves- seis in slave trade—Whoever, being a citizen. Of the TJnited States, or other person residing therein, Volun- tarily serves on board of any vessel employed or made use of in the transportation of slaves from any for- eign country or place to another, shall be fined not more than two thousand dollars and imprisoned not more than two years. (R. S. §§ 5381, 5382. March 4, 1909, c. 321, § 252, 35 Stat. 1139.) - - - --- § 10426. (Crim. Code, § 253.) Receiving or earrying away person to be sold or held as slave- Whoever, being the master Or owner or person having Charge of any vessel, receives On board any Other per- son, with the knowledge or intent that such person is to be carried from any place subject to the jurisdic- tion of the United States to any other place, to be held or sold as a slave, or carries away from any place subject to the jurisdiction of the United States any such person, with the intent that he may be SO held or sold as a slave, shall be fined not more than five thousand dollars, Or imprisoned not more than five years, or both. (R. S. § 5524. March 4, 1909, C. 321, § 253, 35 Stat. 1139.) § 10427. (Crim. Code, § 254.) Equipping ves- sel for slave trade; forfeiture; moiety to in- former–No person shall, for himself or for another, as master, factor, or owner, build, fit, equip, load, Or Otherwise prepare any vessel in any port Or place within the jurisdiction of the United States, Or CauSe any vessel to sail from any port or place within the jurisdiction of the United States for the purpose of procuring any person from any foreign kingdom, place, or country to be transported to any port or place whatsoever, to be held, sold, or otherwise dis- posed of, as a slave, or to be held to service or labor ; and every vessel so built, fitted out, equipped, laden, or otherwise prepared, with her tackle, apparel, fur- niture, and lading, shall be forfeited ; One moiety to the use of the United States and the Other to the use of the person who sues for the forfeiture and prose- cutes the same to effect. (R. S. § 5551. March 4, 1909, C. 321, § 254, 35 Stat. 1140.) - § 10428. (Crim. Code, § 255.) Same; penalty; moiety to informer–Whoever SO builds, fits Out, equips, loads, or otherwise prepares or sends away any vessel, knowing or intending that the same shall be employed in Suðh trade or business, contrary to the provisions of the Section last preceding, or in any way aids or abets therein, shall, besides the forfeiture of the vessel, pay the sum of two thousand dollars; one moiety thereof to the use of the United States and the other moiety thereof to the use of the person who sues for and prosecutes the same to effect. (R. S. § 5552. March 4, 1909, c. 321, § 255, 35 Stat. 1140.) § 10429. (Crim. Code, § 256.) Forfeiture of vessels transporting slaves; moiety to informer —Every VeSSél employed in Carrying On the slave trade Or on which is received Or transported any person from any foreign kingdom or country, or from sea, for COMP.ST.’18—108 the purpose of holding, selling, or otherwise dispos- ing Of Such person as a slave, or of holding such per- SOn to Service or labor, shall, together with her tackle, apparel, furniture, and the goods, and effects which may be found on board, or which may have been im- ported thereon in the same voyage, be forfeited ; one moiety to the use of the United States and the other to the use of the person who sues for and prosecutes the forfeiture to effect. (R. S. § 5553. March 4, 1909, c. 321, § 256, 35 Stat. 1140.) § 10430. (Crim. Code, § 257.) Receiving per- sons on board to be sold as slaves; penalty; moie- ty to informer–Whoever, being a citizen of the Unit- ed States, takes On board, receives, or transports any perSOn for the purpose Of Selling Such perSOn aS a slave shall, in addition to the forfeiture of the Vessel, pay for each person so received on board or trans- ported the sum of two hundred dollars, to be recov- ered in any Court of the United States ; the One Imoiety thereof to the use of the United States and the Other moiety to the use of the person who sues for and prosecutes the same to effect. (R. S. § 5554. March 4, 1909, c. 321, § 257, 35 Stat. 1140.) - § 1043 i. (Crim. Code, § 258.) Vessels found howering on coasts forfeited—Every vessel which is found in any river, port, bay, or harbor, Or On the high seas, within the jurisdiction of the United States, Or hovering on the Coasts thereof, and having On board any person, with intent to sell such person as a Slave, Or with intent to land the same for that pur- pose, either in the United States Or elsewhere, shall, together With her tackle, apparel, furniture, and the goods or effects on board of her, be forfeited to the United States. (R. S. § 5555. March 4, 1909, c. 321, § 258, 35 Stat. 1140.) § 10432. (Crim. Code, § 259.) Forfeiture of interest in slave vessels; additional penalty—It shall be unlawful for any citizen of the United States, Or Other person residing therein, or under the juris- diction thereof, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from One foreign COuntry or place to another, and any such right Or property shall be forfeited, and may be libeled and COndemned for the use of the person Su- ing for the same. Whoever shall violate the pro- hibition of this section shall also forfeit and pay a sum of money equal to double the value of his right or property in such vessel; and shall also forfeit a Sum Of money equal to double the Value Of the in- terest he had in the slaves which at any time may be transported or carried in such vessels. (R. S. § 5556. March 4, 1909, c. 321, § 259, 35 Stat. 1140.) º § 10433. (Crim. Code, § 260.) Seizure of ves- sels in slave trade—The President is authorized, when he deems it expedient, to man and employ any Of the armed vessels of the United States to cruise Wherever he may judge attempts are making to Carry On the slave trade, by Citizens or residents of the United States, in contravention of laws prohibitory of the same; and, in such case, he shall instruct the Commanders of such armed vessels to seize, take, and bring into any port of the United States, to be pro- ceeded against according to law, all American ves- sels, wheresoever found, which may have on board, or which may be intended for the purpose of taking on board, or of transporting, or may have transported any person, in violation of the provisions of any Act of Congress prohibiting the traffic in slaves. (R. S. § 5557. March 4, 1909, c. 321, § 260, 35 Stat. 1140.) § 10434. (Crim. Code, § 261.) Proceeds of condemned vessels paid into Treasury—The pro- ceeds of all vessels, their tackle, apparel, and fur- niture, and the goods and effects on board of them, which are so seized, prosecuted, and condemned, shall be paid into the Treasury of the United States. & 10435 (Tit. 69A THE CHIMINAL CODE [Page 1714] (R. S. $ 5558. March 4, 1909, c. 321, § 261, 35 Stat. 1141.) - w . . . § 10435. (Crim. Code, § 262.) Disposal of persons found on seized vessel—The Officers Of the vessel making Such Seizure shall safely keep every person found on board of any vessel so seized, taken, or brought into port for condemnation, and shall de- liver every such person to the marshal of the dis- trict into which he may be brought, if into a port of the United States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed by law, transmitting to the President, as soon as may be after such delivery, a descriptive list of such persons, in order that he may give direc- tions for the disposal of them. (R. S. § 5559. March 4, 1909, c. 321, § 262, 35 Stat. 1141.) - § 10436. (Crim. Code, § 263.) Apprehension of officeiºs and crew—The commanders of such com- missioned vessels shall cause to be apprehended and taken into custody every person found on board of such offending vessel so seized and taken, being of the Officers Or crew thereof, and him convey, as soon as Conveniently may be, to the civil authority of the |United States, to be proceeded against in due course Of law. 35 Stat. 1141.) § 10437. (Crim. Code, § 264.) Removal of persons delivered from seized vessel—The President is authorized to make such regulations and arrange- ments as he may deem expedient for the safe-keeping, support, and removal beyond the limits of the United States of all such persons as may be so delivered and brought within its jurisdiction. (R. S. § 5561. March 4, 1909, c. 321, § 264, 35 Stat. 1141.) § 10438. (Crim. Code, § 265.) To what port captured vessel sent—It shall be the duty of the Commander of any armed vessel of the United States, whenever he makes any capture under the preceding provisions, to bring the vessel and her cargo, for ad- judication, into some port of the State, Territory, or District to which such vessel so captured may belong, if he can ascertain the same ; if not, then into any convenient port of the United States. (R. S. § 5563. March 4, 1909, c. 321, § 265, 35 Stat. 1141.) § 10439. (Crim. Code, § 266.) When owners of foreign vessels shall give bond—Every owner, master, or factor of any foreign vessel clearing from any port within the jurisdiction of the United States, and suspected to be intended for the slave trade, and the Suspicion being declared to the Officer Of the Cus- toms by any citizen, on Oath, and such information being to the satisfaction of the Officer, shall first give bond, with sufficient Sureties, to the Treasurer of the United States that none of the natives of any foreign Country or place shall be taken On board such vessel to be transported Or Sold as slaves in any other for- eign port or place whatever, within nine months there- after. (R. S. § 5564. March 4, 1909, c. 321, § 266, 35 Stat. 1141.) . § 10440. (Crim. Code, § 267.) Instructions to masters of armed vessels—The President is au- thorized to issue instructions to the Commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under Such rules and regulations as he may prescribe, to proceed directly to the country from which they were taken, and there hand Over to the agent of the United States all such persons, delivered from on board vessels seized in the prosecution of the slave trade ; and they shall after- wards bring the captured vessels and persons engaged in prosecuting Such trade to the United States for trial and adjudication. (R. S. § 5567. March 4, 1909, c. 321, § 267, 35 Stat. 1141.) - - § 10441. (Crim. Code, § 268.) . Kidnapping— Whoever kidnaps or Carries away any other person, with the intent that Such other person be sold into in- voluntary servitude, or held as a slave; or who en- tices, persuades, or induces any other person to go (R. S. § 5560. March 4, 1909, c. 321, § 263, Sec. 10449. on board any vessel or to any other place with the intent that he may be made or held as a slave, or Sent Out of the country to be so made or held ; Or Who in any way knowingly aids in causing any other person to be held, sold, or carried away to be held or Sold as a slave, shall be fined not more than five thou- Sand dollars, or imprisoned not more than five years, or both. (R. S. § 5525. March 4, 1909, c. 321, § 26S, 35 Stat. 1141.) - § 10442. (Crim. Code, § 269.) Holding or re- turning persons to peonage—Whoever holds, ar- rests, returns, or causes to be held, arrested, or re- turned, or in any manner aids in the arrest or re- turn of any person to a condition of peonage, shall be fined not more than five thousand dollars, or implis- Oned not more than five years, or both. (R. S. § 3526. March 4, 1909, c. 321, § 269, 35 Stat. 1142.) § 10443. (Crim. Code, § 270.) Same; ob- structing enforcement of law—Whoever Obstructs, Or attempts to obstruct, or in any way interferes with Or prevents the enforcement of the Section last pre- ceding, shall be liable to the penalties therein pre- scribed. (R. S. § 5527. March 4, 1909, . c. 321, § 270, 35 Stat. 1142.) § 10444. (Crima. Code, § 271.) Bringing kid- naped person into United States—Whoever shall knowingly and willfully bring into the United States Or any place subject to the jurisdiction thereof, any person inveigled Or forcibly kidnaped in any other Country, with intent to hold such person so inveigled Or kidnaped in Confinement or to any involuntary servitude; or whoever shall knowingly and Willfully Sell Or Cause to be sold, into any condition of involun- tary Servitude, any other person for any term whatev- er; or whoever shall knowingly and willfully hold to involuntary servitude any person SO brought or sold, shall be fined not more than five thousand dollars and imprisoned not more than five years. (June 23, 1874, c. 464, § 1, 18 Stat. 251. March 4, 1909, c. 321, § 271, 35 Stat. 1142.) - Chapter Eleven—Offenses within the Admiralty and Maritime and the Territorial Jurisdiction of the United States Places and waters applicable; on board American ves- Sel On high seas or Great Lakes; on land under ex- clusive control of United States; guano islands. Murder; first degree; second degree. Manslaughter; voluntary; Punishment ; murder; manslaughter, - Felonious assaults; to murder or rape; with weapons; beating; simple assault. Other attempts at murder. Rape. - Carnal knowledge of female under sixteen. Seduction of female passenger on vessel. Disposal of fine; evidence required. Loss of life by misconduct of officers of vessels; lia- bility of corporation officer. Maiming. Robbery. Arson of dwelling house. Arson of other buildings. - Larcemy; determining value of written instrument. Receiving stolen goods; trials. Laws of States adopted for punishing Wrongful acts; effect of repeal. § 10445. (Crim. Code, § 272.) Places and wa- ters applicable; on board American vessel oil high seas or Great Lakes; on land under exclu- sive control of Jinited States; guano islands- The crimes and offenses defined in this Chapter shall be punished as herein prescribed: • . First. When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the ju- risdiction of any particular State, or when commit- ted within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging 10445. 10446. 10447. involuntary. 10448. other felony; 10450. 10451. 10452. 10453. 10454. 10455. 10456. 10457. 10458. 10459. 10460. 10461. 10462. Ch. 11) 3 10456 THE CRIMINAL CODE [Page 1715I in whole or in part to the United States or any citi- zen thereof, or to any corporation created by or un- der the laws of the United States, or of any State, Territory, or District thereof. - Second. When committed upon any vessel register- ed, licensed, or enrolled under the laws of the United States, and being on a voyage upon the Waters of any of the Great Lakes, namely: Lake Superior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence Where the same constitutes the International boundary line. Third. When committed within or on any lands reserved or acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or any place purchased or otherwise acquir- ed by the United States by consent of the legislature of the State in which the same shall be, for the erec- tion of a fort, magazine, arsenal, dockyard, or other needful building. - * Fourth. On any island, rock, or key, containing de- posits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (R. S. § 5339. Sept. 4, 1890, c. 874, 26 Stat. 424. March 4, 1909, c. 321, § 272, 35 Stat. 1142.) § 10446. (Crim. Code, § 273.) Murder; first degree; second degree—Murder is the unlawful kill- ing of a human being with malice aforethought. EV- ery murder perpetrated by poison, lying in wāit, or any other kind of Willful, deliberate, malicious, and premeditated killing; or committed in the perpetra- tion of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a pre- meditated design unlawfully and maliciously to ef- fect the death of any human being other than him Who is killed, is murder in the first degree. Any Other murder is murder in the second degree. (R. S. § 5339. March 4, 1909, c. 321, § 273, 35 Stat. 1143.) § 10447. (Crim. Code, § 274.) Manslaughter; voluntary; involuntary–Manslaughter is the un- lawful killing of a human being without malice. It is Of tWO kinds: First. Voluntary—Upon a sudden quarrel or heat of passion. - - - Second. Involuntary—In the commission of an un- lawful act not amounting to a felony, or in the com- mission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. (R. S. § 5341. March 4, 1909, c. 321. § 274, 35 Stat. 1143.) - § 10448. (Crim. Code, § 275.) Punishment; murder; manslaughter—Every person guilty of murder in the first degree shall suffer death. Every person guilty of murder in the second degree shall be imprisoned not less than ten years and may be imprisoned for life. Every person guilty of voluntary manslaughter shall be imprisoned not more than ten years. Every person guilty of involuntary manslaugh- ter shall be imprisoned not more than three years, Or fined not exceeding One thousand dollars, or both. (R. S. §§ 5339, 5343. March 4, 1909, c. 321, § 275, 35 Stat. 1143.) - - § 10449. (Grim. Code, § 276.) Felonious as- saults; to murder or rape; other felony; with weapons; beating; simple assault–Whoever shall assault another with intent to commit murder, or rape, shall be imprisoned not more than twenty years. Whoever Shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more than three thousand dollars, or imprisoned not more than ten years, or both. Whoever, with intent to do bodily harm, and without just cause or excuse, shall assault another with a dangerous weapon, in- strument, Or Other thing, shall be fined not more than One thousand dollars, or imprisoned not more than five years, or both. Whoever shall unlawfully strike, beat, or wornd another, shall be fined not more than both ; five hundred dollars, or imprisoned not more than six months, or both. Whoever shall unlawfully as- sault another, shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both. (R. S. § 5346. March 4, 1909, c. 321, § 276, 35 Stat. 1143.) § 10450. (Crim. Code, § 277.) Other attempts at murder–Whoever shall attempt to Commit mur- der or manslaughter, except as provided in the pre- ceding section, shall be fined not more than one thou- sand dollars and imprisoned not more than three years. (R. S. § 5342. March 4, 1909, c. 321, § 277, 35 Stat. 1143.) § 10451. (Crim. Code, § 278.) Rape—Whoever shall commit the crime of rape shall Suffer death. (R. S. § 5345. March 4, 1909, c. 321, § 278, 35 Stat. 1148.) - - See § 10448. - - § 10452. (Crim. Code, § 279.) Carnal knowl- edge of female under sixteen—Whoever Shall car- nally and unlawfully know any female under the age of sixteen years, or shall be accessory to such carnal and unlawful knowledge before the fact, shall, for a first offense, be imprisoned not more than fifteen years, and for a subsequent offense be imprisoned not more than thirty years. (Feb. 9, 1889, c. 120, 25 Stat. 658. March 4, 1909, c. 321, § 279, 35 Stat. 1143.) § 10453. (Crim. Code, § 280.) Seduction of fe- male passenger on vessel—Every master, Officer, Sea- man, or other person employed on board of any Amer- ican vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authori- ty, or Solicitation, or the making of gifts or presents, Seduces and has illicit Connection with any female passenger, shall be fined not more than one thousand dollars, or imprisoned not more than One year, Or but subsequent intermarriage of the parties may be pleaded in bar of conviction. (R. S. § 5349. March 4, 1909, c. 321, § 280, 35 Stat. 1143.) - § 10454. (Crim. Code, § 281.) Disposal of fine; evidence required—When a person is convicted of a violation of the section last preceding, the Court may, in its discretion, direct that the amount of the fine, when paid, be paid for the use of the female seduced, or her child, if she have any ; but no convic- tion shall be had on the testimony of the female Se- duced, without other evidence, nor unless the indict- ment is found within one year after the arrival of the vessel on which the offense was committed at the port of its destination. (R. S. §§ 5350, 5351. March 4, 1909, c. 321, § 281, 35 Stat. 1144) § 10455. (Crim. Code, § 282.) Loss of life by misconduct of officers of vessels; liability of corporation officer—Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is de- stroyed, and every Owner, charterer, inspector, Or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both : Provided, That when the Owner or charterer of any steamboat Or Vessel shall be a corporation, any executive officer of such cor- poration, for the time being actually charged with the control and management of the Operation, equip- ment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed Such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, Shall be fined not more than ten thousand dollars, Or imprisoned not more than ten years, or both. (R. S. § 5344, amended, March 3, 1905, c. 1454, § 5, 33 Stat. 1025. March 4, 1909, c. 321, § 282, 35 Stat. 1144.) § 10456. (Crim. Code, § 283.) Maiming—Who- ever, with intent to maim or disfigure, shall cut, bite, or slit, the nose, ear, or lip, or cut out or disable the 3 10457 (Tit. 69A THE CRIMINAI, CODE tongue, or put out or destroy an eye, or cut Off Or disable a limb Or any member of another perSOn : or whoever, with like intent, shall throw or pour upon another person, any scalding hot water, vitriol, or other corrosive acid, or caustic Substance Whatever, shall be fined not more than One thousand dollars, . Or imprisoned not more than seven years, or both. (R. S. § 5348. March 4, 1909, c. 321, § 283, 35 Stat. 1144.) § 10457. (Crim. Code, § 284.) Robbery—Who- ever, by force and violence, or by putting in fear, shall feloniously take from the person or presence of another anything of value, shall be imprisoned not more than fifteen years. (R. S. § 5370. March 4, 1909, c. 321, § 284, 35 Stat. 1144.) § 10458. (Crim. Code, § 285.) Arson of dwell- ing house—Whoever shall willfully and maliciously Set fire to, burn, or attempt to burn, or by means Of a dangerous explosive destroy or attempt to destroy, any dwelling house, or any Store, barn, stable, or Oth- er building, parcel of a dwelling house, shall be im- prisoned not more than twenty years. (R. S. § 5385. March 4, 1909, c. 321, § 285, 35 Stat. 1144.) § 10459. (Crim. Code, § 286.) Arson of other buildings—Whoever shall maliciously set fire to, burn, or attempt to burh, or by any means destroy or in- jure, Or, attempt to destroy or injure, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn, or Stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, Or any Vessel built, building, or undergoing repair, Or any light-house, or beacon, or any machinery, tim- ber, Cables, rigging, or other materials or appliances for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, Or victualing stores, arms, or other munitions Of War, shall be fined not more than five thousand dollars and imprisoned not more than twenty years. (R. S. §§ 5386, 5387. March 4, 1909, c. 321, § 286, 35 Stat. 1144.) - - - § 10460. (Crim. Code, § 287.) Larceny; deter- mining value of written instrument–Whoever Shall take and carry away, with intent to steal or pur- loin, any personal property of another, shall be pun- ished as follows: If the property taken is of a value eXceeding fifty dollars, or is taken from the person Of another, by a fine of not more than ten thousand dollars, Or imprisonment for not more than ten years, Or both ; in all other cases, by a fine of not more than One thousand dollars, or by imprisonment not more than One year, or both. If the property stolen consists Of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the Value of the property the title to which is shown there- by, Or the Sum Which might be recovered in the ab- Sence thereof, shall be deemed to be the value of the property stolen. (R. S. § 5356. March 4, 1909, c. 321, § 287, 35 Stat. 1144.) - - § 10461. (Crim. Code, § 288.) Receiving stol- en goods; trials—Whoever shall buy, receive, or con- Ceal, any money, goods, bank notes, or other thing Which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any oth- er perSOrl, knowing the same to have been so taken, Stolen, Or embezzled, shall be fined not more than one thousand dollars and imprisoned not more than three years; and Such person may be tried either before or after the conviction of the principal offender. (R. S. § 5357. March 4, 1909, c. 321, § 288, 35 Stat. 1145.) § 10462. (Crim. Code, § 289.) Laws of States adopted for punishing wrongful acts; effect of repeal—Whoever, within the territorial limits of any State, organized Territory, or District, but within Or upon any of the places now existing or hereafter reserved Or acquired, described in Section two hun- [Page 1716] dred and seventy-two of this Act, shall do or omit the doing of any act or thing which is not made penal by any law of Congress, but which if com- mitted or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof now in force would be penal, Shall be deemed guilty of a like offense and be subject to a like punishment; and every such State, Terri- torial, or District law shall, for the purposes of this Section, Continue in force, notwithstanding any sub- Sequent repeal or amendment thereof by any such State, Territory, or District. (R. S. § 5391. July 7, 1898, c. 576, § 2, 30 Stat. 717. March 4, 1909, c. 321, § 289, 35 Stat. 1145.) Chapter Twelve—Piracy and Other Offenses Upon the Seas Sec. 10463. Piracy; punishment. * 10464. Maltreatment of crew , by officers of vessel; flogging. 10465. Inciting revolt or mutiny on shipboard. 10466. Revolt or mutiny on shipboard. 10467. Seaman laying violent hands on commander. 10468. Abandonment of mariner in foreign port. 10469. Conspiracy to cast away vessel. 10470. Plundering vessel in distress; obstructing escape of Wrecked person; holding false light. 10471. Attacking vessel with intent to plunder. 10472. Breaking and entering vessel. 10473. Destroying vessel at sea; owner. 10474. . Same; other person. 10475. Robbery on shore by piratical crew. - 10476. Arming vessel to cruise against citizens; trials. 10477. Piracy under color of foreign commission. 10478. Piracy by aliens. 10479. Running away with or yielding up vessel or cargo. 10480. Confederating with, pirates; confining master. 10481. Selling arms, intoxicants in Pacific islands; medicinal use of spirits. 10482. Offenses deemed on high seas. 10483. ‘‘Vessels of the United States” defined. 10483a. Injuring vessels engaged in foreign commerce. § 10463. (Crim. Code, § 290.) Piracy; punish- ment—Whoever, on the high seas, commits the Crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. (R. S. § 5368. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 290, 35 Stat. 1145.) § 10464. (Crim. Code § 291.) Maltreatment of crew by officers of vessel; flogging—Whoever, be- ing the master or officer of a vessel of the United States, on the high seas, or on any other waters with- in the admiralty and maritime jurisdiction of the TJnited States, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, Or Withholds from them Suitable food and nourishment, or inflicts upon them any cruel and unusual punish- ment, shall be fined not more than one thousand dol- lars, or imprisoned not more than five years, or both. Nothing herein contained shall be COnStrued to re- peal or modify section forty-six hundred and eleven of the Revised Statutes. (R. S. § 5347, amended, March 3, 1897, c. 389, § 18, 29 Stat. 691. March 4, 1909, c. 321, § 291, 35 Stat. 1145.) R. S. § 4611, is § 8391. § 10465. (Crim. Code, § 292.) Inciting revolt or mutiny on shipboard—Whoever, being Of the Crew of a vessel of the United States, On the high Seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, endeavors to make a revolt or mutiny on board such vessel, or Combines, Conspires, or Confederates with any other person on board to make such revolt or mutiny, or so- licits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master or Other Officer of Such vessel, Or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultu- ous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master or other GOmmanding Officer thereof, Shall be fined not more than one thousand dollars, or imprisoned not more Ch. 12) 3 10476 THE CRIMINAL CODE than five years, or both. (R. S. § 5359. March 4, 1909, c. 321, § 292, 35 Stat. 1146.) - § 10466. (Crim. Code, § 293.) Revolt or mu- tiny on shipboard—Whoever, being of the crew of a vessel of the United States, on the high Seas, Or On any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the COmmand Of Such vessel from the master Or Other lawful Officer in Command thereof, or deprives him Of authority and Command on board, or resistS Or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined not more than two thousand dollars and imprisoned not more than ten years. (R. S. § 5360. March 4, 1909, c. 321, § 293, 35 Stat. 1146.) § 10467. (Crim. Code, § 294.) Seaman laying violent hands on commander—Whoever, being a Seaman, lays violent hands upon his commander, there- by to hinder and prevent his fighting in defense of his vessel or the goods intrusted to him, is a pirate, and shall be imprisoned for life. (R. S. § 5369. Jam. 15. 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 294, 35 Stat. 1146.) § 10468. (Crim. Code, § 295.) Abandonment of mariner in foreign port—Whoever, being mas- ter or commander of a vessel of the United States, While abroad, maliciously and without justifiable CauSe forces any officer or mariner of such vessel. On Shore, in order to leave him behind in any foreign port Or place, Or refuses to bring home again all such of- ficers and mariners of such vessel whom he carried Out With him, as are in a condition to return and Willing to return, when he is ready to proceed on his homeward voyage, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (R. S. § 5363. March 4, 1909, c. 321, § 295, 35 Stat. 1146.) § 10469. (Crim. Code, § 296.) Conspiracy to cast away vessel—Whoever, on the high seas, or with- in the United States, willfully and corruptly conspires, COmbines, and Confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any Vessel, with intent to injure any person that may have underwritten or may thereafter underwrite any policy Of insurance thereon. Or on goods On board thereof, or with intent to injure any person that has lent Or advanced, or may lend or advance, any money On Such vessel on bottomry or respondentia ; or who- ever, within the United States, builds, or fits out, or aids in building or fitting out, any vessel With intent that the same be cast away or destroyed, with the intent hereinbefore mentioned, shall be fined not more than ten thousand dollars and imprisoned not more than ten years. (R. S. § 5364. March 4, 1909, c. 321, § 296, 35 Stat. 1146.) - § 10470. (Crim. Code, § 297.) Plundering ves- sel in distress; obstructing escape of wrecked person; holding false light—Whoever plunders, Steals, Or destroys any money, goods, merchandise, or Other effects, from or belonging to any vessel in dis- treSS, OF Wrecked, lost, stranded, or cast away, upon the Sea, Or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, shall be fined not more than five thousand dollars and im- prisoned not more than ten years; and whoever will- fully obstructs the escape of any person endeavoring to Save his life from Such vessel, or the wreck there- Of ; Or Whoever holds Out Or shows any false light, or extinguishes any true light, with intent to bring any vessel sailing upon the sea into danger, or dis- tress, or shipwreck, shall be imprisoned not less than ten years and may be imprisoned for life. (R. S. § 5358. March 4, 1909, c. 321, § 297, 35 Stat. 1146.) [Page 1717I § 10471. (Crim. Code, § 298.) Attacking ves- 'sei with intent to plunder—Whoever, upon the high. seas or on any other waters within the admiralty and maritime jurisdiction of the United States, by surprise Or by Open force, maliciously attacks Or Sets upon any vessel belonging to another, with an intent unlaw- fully to plunder the same, or to despoil any Owner thereof of any moneys, goods, or merchandise laden On board thereof, shall be fined not more than five thousand dollars and imprisoned not more than ten years. (R. S. § 5361. March 4, 1909, c. 321, § 298, 35 Stat. 1147.) - § 10472. (Crim. Code, § 299.) Breaking and entering vessel—Whoever, upon the high Seas Or Oil any other waters within the admiralty and maritime jurisdiction of the United States, and out of the juris- diction of any particular State, breaks or enters any Vessel, with intent to commit any felony, or malicious- ly cuts, spoils, or destroys any cordage, cable, buoys, buoy-rope, head-fast, or other fast, fixed to the an- chor or moorings belonging to any vessel, Shall be fined not more than one thousand dollars and im- prisoned not more than five years. (R. S. § 5362. March 4, 1909, c. 321, § 299, 35 Stat. 1147.) § 10473. (Crim. Code, § 300.) Destroying vessel at sea; owner–Whoever, upon the high SeaS or on any other waters within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel, of which he is owner, in whole or in part, with intent to prejudice any person that may under- write any policy of insurance thereon, or any mer- chant that may have goods thereon, or any other Owner of such vessel, shall be imprisoned for life Or for any term of years. (R. S. § 5365, amended, Aug. 6, 1894, c. 227, § 1, 28 Stat. 233. March 4, 1909, c. 321, § 300, 35 Stat. 1147.) - J § 10474. (Crim. Code, § 301.) Same; other person—Whoever, not being an owner, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, will- fully and corruptly casts away or otherwise destroys any vessel of the United States to which he belongs, or, willfully, with intent to destroy the same, sets fire to any such vessel, or otherwise attempts the destruction thereof, shall be imprisoned not more than ten years. (R. S. §§ 5366, 5367, amended, Aug. 6, 1894, c. 227, § 2, 28 Stat. 233. March 4, 1909, c. 321, § 301, 35 Stat. 1147.) § 10475. (Crim. Code, § 302.) Robbery on shore by piratical crew—Whoever, being engaged in any piratical cruise, or enterprise, or being of the crew of any piratical vessel, lands from such ves- Sel, and On shore Commits robbery, is a pirate, and shall be imprisoned for life. (R. S. § 5371. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 302, 35 Stat. 1147.) § 10476. (Crim. Code, § 303.) Arming vessel to cruise against citizens; trials—Whoever, being a citizen of the United States, without the limits thereof, fits out and arms, or attempts to fit Out and arm, Or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing, fitting out, or arm- ing, any private vessel of war or privateer, with in- tent that such vessel shall be employed to Cruise Or Commit hostilities upon the Citizens Of the United States or their property, Or Whoever takes the COIm- mand of or enters On board Of any Such vessel, for Such intent, or who purchases any interest in any . Such vessel with a view to share in the profitS there- of, shall be fined not more than ten thousand dollars and imprisoned not more than ten years. The trial for such offense, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. (R. S. § 5324. March 4, 1909, c. 321, § 303, 35 Stat. 1147.) - - - Z 10477 (Tit. 69A TEIF CRIMINAL CODE § 10477. (Crim. Code, § 304.) Piracy under color of foreign commission—Whoever, being a Citi- zen of the United States, commits any murder or || robbery, or any act of hostility against the United States, or against any citizen thereof, on the high Seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any person, is, notwithstanding the pretense of such au- thority, a pirate, and shall be imprisoned for life. (R. S. § 5373. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 304, 35 Stat. 1147.) § 10478. (Crim. Code, § 305.) Piracy by aliens—Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty exist- ing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to. be piracy, is guilty of piracy, and shall be imprisoned for life. (R. S. § 5374. Jan. 15, 1897, c. 29, § 2, 29 Stat. 487. March 4, 1909, c. 321, § 305, 35 Stat. 1147.) - $ 10479. (Crim. Code, § 306.) Running away with or yielding up vessel or cargo—Whoever, be- ing a captain or other officer or mariner of a vessel upon the high seas Or On any other Waters Within the admiralty and maritime jurisdiction of the Unit- ed States, piratically or feloniously runs away with Such vessel, Or with any goods or merchandise there- of, to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. (R. S. § 5383. March 4, 1909, c. 321, § 306, 35 Stat. 1148.) * § 10480. (Crim. Code, § 307.) Confederating with pirates; confining master—Whoever at- tempts Or endeavors to corrupt any commander, mas- ter, officer, or mariner to yield up or to run away with any vessel, or with any goods, wares, or merchan- dise, or to turn pirate Or to go over to Or Confederate With pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly and, with a design to trade with, supply, or correspond with any pirate Or robber upon the seas; or whoever consults, com- bines, confederates, or corresponds with any pirate Or robber upon the seas, knowing him to be guilty of any piracy or robbery; or whoever, being a seaman, Confines the master of any vessel, shall be fined not more than One thousand dollars and imprisoned not more than three years. (R. S. § 5384. March 4, 1909, c. 321, § 307, 35 Stat. 1148.) § 10481. (Crim. Code, § 308.) Selling arms, intoxicants in Pacific islands; medicinal use of spirits—Whoever, being Subject to the authority Of the United States, shall give, sell, or otherwise supply any arms, ammunition, explosive substance, intoxicat- ing liquor, or Opium to any aboriginal native of any of the Pacific islands lying within the twentieth paral- lel of north latitude and the fortieth parallel of south latitude, and the One hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any Civiliz- ed power, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. In addition to such punishment, all articles of a similar nature to those in respect to which an Offense has been committed, found in the possession of the of fender, may be declared forfeited. to the court that such Opium, wine, or spirits have been given bona fide for medical purposes, it shall be lawful for the Court to dismiss the charge. (Feb. 14, 1902, c. 18, §§ 1, 2, 32 Stat. 33. March 4, 1909, c. 321, § 308, 35 Stat. 1148.) [Page 1718] If it shall appear § 10482. (Crim. Code, § 309.) Offenses deem- ed on high seas—All offenses against the provisions of the Section last preceding, committed on any of Said islands or on the Waters, rocks, or keys adjacent thereto, shall be deemed committed on the high seas On board a merchant ship or vessel belonging to the United States, and the courts of the United States Shall have jurisdiction accordingly. (Feb. 14, 1902, c. 18, § 3, 32 Stat. 33. March 4, 1909, c. 321, § 309, 35 Stat. 1148.) § 10483. (Crim. Code, § 310.) “Vessels of the United States” defined—The words “vasseſ of the United States,” wherever they occur in this chap- ter, Shall be Construed to mean a vessel belonging in Whole or in part to the United States, or any citizen thereof, Or any Corporation created by or under the laws of the United States, or of any State, Territory, or District thereof. (March 4, 1909, c. 321, § 310, 35 Stat. 1148.) - - § 10483a. Injuring vessels engaged in foreign commerce—Whoever shall set fire to any vessel of foreign registry, or any vessel of American registry entitled to engage in commerce with foreign nations, Or to any Vessel of the United States as defined in Section three hundred and ten of the Act of March fourth, nineteen hundred and nine, entitled “An Act to Codify, revise, and amend the penal laws of the United States,” or to the cargo of the same, or shall tamper With the motive power or instrumentalities Of navigation of such vessel, or shall place bombs or eXplosives in Or upon such vessel, or shall do any Other act to or upon such vessel while within the ju- risdiction of the United States, or, if such vessel is Of American registry, while she is on the high sea, with intent to injure or endanger the safety of the Vessel Or of her cargo, or of persons on board, wheth- er the injury or danger is so intended to take place within the jurisdiction of the United States, or after the vessel shall have departed therefrom ; or whoever shall attempt Or Conspire to do any such acts with such intent, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. (June 15, 1917, c. 30, title III, § 1, 40 Stat. 221.) Chapter Thirteen—Certain Offenses in - the Territories Places applicable. . Circulating obscene literature. Polygamy. TJnlawful cohabitation. Joinder of counts. Adultery. Incest. Fornication. Recording certificates of marriage; riage; punishment for violations. Prize fights and bull fights. Same; “pugilistic encounter” defined. Train robberies." - - sº Discrimination by , proprietors of theaters against per- sons wearing uniform of Army, Navy, etc. § 10484. (Crim. Code, § 311.) Places appli- cable—Except as otherwise expressly provided, the Offenses defined in this chapter shall be punished as hereinafter provided, when committed Within any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States. (March 4, 1909, c. 321, § 311, 35 Stat. 1148.) § 10485. (Crim. Code, § 312.) Circulating ob. scene literature—Whoever shall sell, lend, give a Way, or in any manner exhibit, or offer to sell, lend, give away, or in any manner exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession for any such purpose, any Ob- scene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representa- tion, figure, or image on or of paper or other material, . or any cast, instrument, or other article of an im- moral nature, or any drug Or medicine, Or any ar- Sec. 10487. 10484. 10485. 10486. 10488. 10489. 10490. 10491. 10492. 10493. 10494. 10495. 10496. evidence of mar- Ch. 13) ź 10495 THE CRIMINAL CODE [Page 1719 I ticle whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for Sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles above mentioned can be purchased or Ob- tained, or shall manufacture, draw, or print, or in any- wise make any of such articles, shall be fined not more than two thousand dollars, or imprisoned not more than five years, or both. (R. S. § 5389. March 4, 1909, c. 321, § 312, 35 Stat. 1149.) § 10486. (Crim. Code, § 313.) Polygamy—EV- •ery person who has a husband Or Wife living, who mar- ries another, whether married or single, and any man who simultaneously, or on the same day, marries more than One woman, is guilty of polygamy, and shall be fined not more than five hundred dollars and impris- Oned not more than five years. But this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such perSOn to be living, and is be- lieved by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent Court, nor to any person by reason of any former marriage - which shall have been pronounced void by a valid decree of a competent Court, On the ground of nullity of the marriage contract. (R. S. § 5352, amended, March 22, 1882, c. 47, § 1, 22 Stat. 30. March 4, 1909, c. 321, § 313, 35 Stat. 1149.) § 10487. (Crim. Code, § 314.) Unlawful co- habitation—If any male person cohabits With more than one woman, he shall be fined not more than three hundred dollars, or imprisoned not more than six months, or both. (March 22, 1882, c. 47, § 3, 22 Stat. 31. March 4, 1909, c. 321, § 314, 35 Stat. 1149.) § 10488. (Crim. Code, § 315.) Joinder of counts—Counts for any or all of the offenses named in the two sections last preceding may be joined in the same information or indictment. (March 22, 1882, c. 47, § 4, 22 Stat. 31. March 4, 1909, c. 321, § 315, 35 Stat. 1149.) - § 10489. (Crim. Code, § 316.) Adultery—Who- ever shall commit adultery shall be imprisoned not more than three years; and when the act is Commit- ted between a married woman and a man who is un- married, both parties to such act shall be deemed guil- ty of adultery; and when such act is committed be- tween a married man and a woman who is unmar- ried, the man shall be deemed guilty of adultery. (March 3, 1887, c. 397, § 3, 24 Stat. 635. March 4, 1909, c. 321, § 316, 35 Stat. 1149.) § 10490. (Crim. Code, § 317.) Incest—Whoev- er, being related to another person within and not including the fourth degree of consanguinity Com- puted according to the rules of the civil law, Shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, shall be deemed guilty of incest, and shall be imprisoned not more than fifteen years. (March 3, 1887, c. 397, § 4, 24 Stat. 635. March 4, 1909, c. 321, § 317, 35 Stat. 1149.) § 10491. (Crim. Code, § 318.) Fornication— If any unmarried man or woman commits fornica- tion, each shall be fined not more than one hundred dollars, Or imprisoned not more than six months. {March 3, 1887, c. 397, § 5, 24 Stat. 636. March 4, 1909, c. 321, § 318, 35 Stat. 1149.) § 10492. (Crim. Code, § 319.) Recording cer- tificates of marriage; evidence of marriage; pun- ishment for violations—Every ceremony of mar- riage, Or in the nature of a marriage ceremony of any kind, whether either or both or more of the parties to Such Ceremony be lawfully competent to be the sub- jects of such marriage or ceremony or not, shall be Certified by a certificate stating the fact and nature of Such Ceremony, the full name of each of the parties ConCerned, and the full name of every officer, priest, and person, by whatever style or designation called Or known, in any way taking part in the performance Of Such ceremony, which certificate shall be drawn up and signed by the parties to such ceremony and by every Officer, priest, and person taking part in the performance of Such ceremony, and shall be by the Officer, priest, or other person solemnizing such mar- riage or ceremony filed in the office of the probate Court, Or, if there be none, in the office of the court having probate powers in the county or district in Which Such Ceremony shall take place, for record, and Shall be immediately recorded, and be at all times sub- ject to inspection as other public records. Such cer- tificate, or the record thereof, or a duly certified copy. of such record, shall be prima facie evidence of the facts required by this section to be stated therein in any proceeding, civil or criminal, in which the mat- tel' Shall be drawn in question. But nothing in this Section shall be held to prevent the proof of mar- riages, Whether lawful or unlawful, by any evidence otherwise legally admissible for that purpose. Who- ever shall willfully violate any provision of this sec- tion shall be fined not more than one thousand dol- lars, or imprisoned not more than two years, or both. The provisions of this section shall apply only within the Territories of the United States. (March 3, 1887, c. 397, §§ 9, 10, 24 Stat. 636. March 4, 1909, c. 321, § 319, 35 Stat. 1149.) - § 10493. (Crim. Code, § 320.) Prize fights and bull fights—Whoever shall voluntarily engage in a pugilistic encounter between man and man Or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any cham- pionship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged, shall be imprisoned not more than five years. The provisions of this section shall apply only within the Territories Of the United States and the District of Columbia. (Feb. 7, 1896, c. 12, § 1, 29 Stat. 5. March 4, 1909, c. 321, § 320, 35 Stat. 1150.) - § 10494. (Crim. Code, § 321.) Same; “pugilis- , tie encounter” defined—By the term “pugilistic en- COunter,” as used in the Section last preceding, is meant any voluntary fight by blows by means of fists' or otherwise, whether with Or without gloves, be- tween two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money Or anything Of value is bet Or wagered, or to See which any admission fee is directly or indirectly charged. (Feb. 7, 1896, c. 12, § 2, 29 Stat. 5. March 4, 1909, c. 321, § 321, 35 Stat. 1150.) § 10495. (Crim. Code, § 322.) Train robberies —Whoever shall willfully and maliciously trespass up- On Or enter upon any railroad train, railroad car, or railroad locomotive, with the intent to Commit murder, or robbery, shall be fined not more than five thousand dollars, or imprisoned not more than twenty years, or both. Whoever shall willfully and maliciously trespass upon Or enter upon any railroad train, rail- road car, or railroad locomotive, with intent to com- mit any unlawful. Violence upon Or against any pas- senger On Said train, or car, or upon or against any engineer, COnductor, fireman, brakeman, or any Of- ficer or employee Connected with said locomotive, train, Or Car, Or upon Or against any express messen- ger Or mail agent on said train or in any car thereof, or to commit any crime or offense against any person Or property thereon, shall be fined not more than One ź 10496 (Tit. 69A THE CRIMINAL CODE IPaige 17201 thousand dollars, Or imprisoned not more than one. year, or both. Whoever shall counsel, aid, abet, or assist in the perpetration of any of the offenses set forth in this section shall be deemed to be a principal therein. Upon the trial of any person charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against Whom it was intended to Commit the Offense, Or that it was intended to Commit such offense against any particular person. (July 1, 1902, c. 1376, 32 Stat. 727. March 4, 1909, c. 321, § 322, 35 Stat. 1150.) § 10496. Discrimination by proprietors of theaters against persons wearing uniform of Army, Navy, etc.—Hereafter no proprietor, manager, or employee of a theater or other public place of en- tertainment Or amusement in the District Of Colum- bia, or in any Territory, the District of Alaska or In- sular possession of the United States, shall make, or Cause to be made, any discrimination against any person iawfully wearing the uniform of the Army, Navy, Revenue-Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrim- ination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. (March 1, 1911, c. 187, 36 Stat. 963.) Chapter Thirteen A–Search Warrants This chapter consists of part of “An act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes,” being Title XI of said act. See note to § 10514a. r Sec. 10496%a. Authority to issue. 10496%b. Grounds for issue. 10496.14c. Probable cause and affidavit. 10496%d. Examination of , applicant and Witnesses; affidavits and depositions. 1049634e. Affidavits and depositions. 10496%f. Issue ; contents. 10496%.g. Service. 10496%h. Same; breaking and entering. - 10496%i. Same; breaking and entering to liberate detained person aiding in execution of Warrant. 10496%j. Same; daytime. 104961.4k. Same; time for and return. 10496%l. Same; copy and receipt for property taken to per- son from whom taken. . . 10496%m. Return; Contents, 10496%m. Same; copy of inventory for person from whom property taken. 10496% o. Taking testimony. - 10496%p. Restoration of property taken; retention of custody of property by officer or other disposition. 10496144. Filing papers with clerk of court having jurisdiction. 104961%r. Obstructing service or execution. 10496.14s. Perjury and subornation of perjury. 10496.14t. Maliciously procuring issue. 1049.6%u. Officer exceeding authority. 1049634 v. Existing laws not repealed. º § 1049634a. Authority to issue—A search war- rant authorized by this title may be issued by a judge of a United States district court, or by a judge of a State or Territorial court of record, or by a United States commissioner for the district wherein the property sought is located. (June 15, 1917, c. 30, title XI. § 1. 40 Stat. 228.) § 1049634b. Grounds for issue—A search war- rant may be issued under this title upon either of the following grounds: - - 1. When the property was stolen or embezzled in violation of a law of the United States ; in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession. Of the person by Whom it was Stolen Or em- bezzled, or from any person in whose possession it Imay be. 2. When the property was used as the means of committing a felony; in which case it may be taken On the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the Offense, Or from any person in whose possession it may be. - - 3. When the property, or any paper, is possessed, COntrolled, or used in violation of section twenty-two Of this title; in which case it may be taken on the Warrant from the person violating said section, or from any person in whose possession it may be, or from any house or other place in which it is concealed. (June 15, 1917, c. 30, title XI, § 2, 40 Stat. 228.) Section 22 of this title is § 10212i. § 104.96% c. Probable cause and affidavit—A Search warrant can not be issued but upon probable Cause, Supported by affidavit, naming or describing the person and particularly describing the property and the place to be searched. (June 15, 1917, c. 30, title XI, § 3, 40 Stat. 228.) § 10496%d. Examination of applicant and witnesses; affidavits arid depositions—The judge or Commissioner must, before issuing the warrant, exam- ine On oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscrib- ed by the parties making them. (June 15, 1917, c. 30, title XI, § 4, 40 Stat. 228.) - § 104.96%.e. Affidavits and depositions—The af- fidavits or depositions must set forth the facts tending to establish the grounds of the application or prob- able cause for believing that they exist. (June 15, 1917, c. 30, title XI, § 5, 40 Stat. 228.) § 10496%f. Issue; contents—If the judge or commissioner is thereupon satisfied of the existence Of the grounds of the application or that there is probable Cause to believe their existence, he must is- Sue a search warrant, signed by him with his name Of office, to a civil officer of the United States duly au- thorized to enforce or assist in enforcing any law thereof, or to a person so duly authorized by the Pres- ident of the United States, stating the particular grounds Or probable cause for its issue and the names Of the persons whose affidavits have been taken in support thereof, and commanding him forthwith to search the person or place named, for the property specified, and to bring it before the judge or commis- sioner. (June 15, 1917, c. 30, title XI, § 6, 40 Stat. 229.) § 1049634g. Service—A search warrant may in all cases be served by any of the Officers mentioned in its direction, but by no other person, except in aid of the Officer on his requiring it, he being present and acting in its execution. (June 15, 1917, c. 30, title XI, § 7, 40 Stat. 229.) - - § 104.96%h. Same; breaking and entering— The Officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after no- tice of his authority and purpose, he is refused ad- mittance. (June 15, 1917, c. 30, title XI, § 8, 40 Stat. 229.) - - § 1049634i. Same; breaking and entering to liberate detained person aiding in execution of warrant—He may break Open any Outer Or inner door or window of a house for the purpose of liberat- ing a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. (June 15, 1917, c. 30, title XI, § 9, 40 Stat. 229.) § 10496%j. Same; daytime—The judge or Com- missioner must insert a direction in the Warrant that it be served in the daytime, unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time Of the day or night. (June 15, 1917, c. 30, title XI, § 10, 40 Stat. 229.) - § 10496%k. Same; time for and return—A Search Warrant must be executed and returned to the judge or commissioner who issued it within ten days after its date; after the expiration of this time Ch. 14) & 10502 THE CRIMINAL COIDE the warrant, unless executed, is void. (June 15, 1917, c. 30, title XI, § 11, 40 Stat. 229.) , § 104.96%l. Same; copy and receipt for prop- erty taken to person from whom taken—When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the per- son from whom it was taken by him, or in whose pos- Session it was found ; Or, in the absence Of any per- son, he must leave it in the place where he found the property. (June 15, 1917, c. 30, title XI, § 12, 40 Stat. 229.) § 104.96%m. Return; contents—The Officer must forthwith return the warrant to the judge Or Com- missioner and deliver to him a written inventory of the property taken, made publicly or in the presence Of the person from whose possession it was taken, and Of the applicant for the warrant, if they are present, Verified by the affidavit of the Officer at the foot of the inventory and taken before the judge or commis- Sioner at the time, to the following effect: “I, R. S., the Officer by whom this warrant was executed, do SWear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.” (June 15, 1917, c. 30, title XI, § 13, 40 Stat. 229.) § 104.96% n. Same; copy of inventory for per- son from whom property taken—The judge or cont- missioner must thereupon, if required, deliver a copy Of the inventory to the person from whose possession the property was taken and to the applicant for the Warrant. (June 15, 1917, c. 30, title XI, § 14, 40 Stat. 229.) w § 104.96%0. Taking testimony—If the grounds on which the warrant was issued be controverted, the judge or commissioner must proceed to take testi- mony in relation thereto, and the testimony of each Witness must be reduced to writing and subscribed by each witness. (June 15, 1917, c. 30, title XI, § 15, 40 Stat. 229.) § 104.96%p. Restoration of property taken; retention of custody of property by officer or oth- | er disposition—If it appears that the property or paper taken is not the same as that described in the warrant or that there is no probable cause for believ- ing the existence of the grounds on which the warrant Was issued, the judge or commissioner must cause it to be restored to the person from whom it was taken; but if it appears that the property or paper taken is the same as that described in the warrant and that there is probable cause for believing the existence of the grounds on which the warrant was issued, then the judge or commissioner shall order the same retained in the custody of the person seizing it or to be other- Wise disposed of according to law. (June 15, 1917, c. 30, title XI, § 16, 40 Stat. 229.) § 104.96%q. Filing papers with clerk of court having jurisdiction—The judge or Commissioner Imust annex the affidavits, search warrant, return, in- Ventory, and evidence, and if he has not power to inquire into the offense in respect to which the war- rant Was issued he must at once file the same, to- gether with a Copy of the record Of his proceedings, With the clerk of the court having power to so in- 3. (June 15, 1917, c. 30, title XI, § 17, 40 Stat. § 10496%r. Obstructing service or execution. —Whoever shall knowingly and willfully obstruct, resist, or Oppose any such officer or person in serving or attempting to serve or execute any such search warrant, Or shall assault, beat, or wound any such Officer or person, knowing him to be an officer or person so authorized, shall be fined not more than $1,- 000 Or imprisoned not more than two years. 15, 1917, c. 30, title XI, § 18, 40 Stat. 230.) § 1049634s. jury—Sections One hundred and twenty-five and One hundred and twenty-six of the Criminal Code of the [Page 1721] (June Perjury and subornation of per- United States shall apply to and embraco all persons making Oath or affirmation or procuring the same un- der the provisions of this title, and such persons shall be subject to all the pains and penalties of said sec- § (June 15, 1917, c. 30, title XI, § 19, 40 Stat. § 104.96%t. Maliciously procuring issue—A perSon who maliciously and without probable cause procures a search Warrant to be issued and executed shall be fined not more than $1,000 or imprisoned not more than One year. 20, 40 Stat. 230.) - § 104.96%u. Officer exceeding authority—An of- ficer who in executing a search warrant willfully eXceeds his authority, or exercises it with unneces- Sary Severity, sl all be fined not more than $1,000 or imprisoned not more than one year. c. 30, title XI, § 21, 40 Stat. 230.) § 10496%v. Existing laws not repealed—Noth- ing Contained in this title shall be held to repeal or impair any existing provisions of law regulating Search and the issue of search warrants. (June 15, 1917, c. 30, title XI, § 23, 40 Stat. 230.) (June 15, 1917, Chapter Fourteen—General and Special Provisions Sec. 10497. Death penalty by hanging. 10498. Corruption of blood and forfeiture of estate excluded. 10490. Whipping and pillory abolished. 10500. Jurisdiction of State courts. 10501. Pardoning power. g 10502. Indians colmmitting certain crimes; acts on réserva- tions; rape on Indian woman. 10503. Crimes committed on Indian reservations in South Da- kota; rape of female Indian. 10504. Qualified verdicts. 10505. Body of executed offender for dissection. 10506. Principals defined. 10507. Punishment of accessories. 10508. Same ; robbery or piracy. 10509. Felonies and misdemeanors. 10510. Place of committal of murder or manslaughter deter- mined. ! • 10511. Construction of words. 10512. Effect of omitting “hard labor.” 10513. Arrangement and classification of sections. 10514. Jurisdiction of district Courts. 10514a. General provisions; United States defined. 1051.4b. Same; jurisdiction of offenses. 105.14c. Same; prosecutions under prior laws. 105.14d. Same; effect of partial invalidity of act. § 10497. (Crim. Code, § 323.) Death penalty by hanging—The manner of inflicting the punishment of death shall be by hanging. (R. S. § 5325. 4, 1909, c. 321, § 323, 35 Stat. 1151.) ſº § 10498. (Crim. Code, § 324.) Corruption of blood and forfeiture of estate excluded—NO Con- viction or judgment shall work corruption of blood or any forfeiture of estate. (R. S. § 5326. March 4, 1909, c. 321, § 324, 35 Stat. 1151.) ge § 10499. (Crim. Code, § 325.) Whipping and piilory abolished—The punishment of whipping and of standing in the pillory shall not be inflicted. (R. S. § 5327. March 4, 1909, c. 321, § 325, 35 Stat. 1151.) § 10500. (Crim. Code, § 326.) Jurisdiction of state courts—Nothing in this Title shall be held to take away or impair the jurisdiction Of the COllrts of the several States under the laws thereof. (R. S. § 5328. March 4, 1909, c. 321, § 326, 35 Stat. 1151.) ſº § 10501. (Crim. Code, § 327.) Pardoning power—Whenever, by the judgment of any court OT judicial officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, the One pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole, or in part, either one Of the two kinds, without, in any manner, impairing the iegal validity of the other kind, or of any portion.9t either kind, not pardoned or remitted. (R. S. § 5330, March 4, 1909, c. 321, $ 327, 35 Stat. 1151). § 10502. (Crim. Code, § 328.) Indians eom- mitting certain crime; acts on reservations: (June 15, 1917, c. 30, title XI, § March & 10503 - THE CRIMINAL CODE (Tit. 69A [Page rape on Indian woman—All Indians Committing against the person or property of another Indian Or other person any of the following crimes, namely— murder, manslaughter, rape, assault with intent to kill, assault with a dangerous Weapon, arSon, bur- glary, and larceny, within any Territory of the Unit- ed States, and either within Or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said Crimes, and shall be tried therefor in the same COUIrtS. and in the Same manner and shall be subject to the same penalties as are all other persons charged with the commission Of Said Crimes, respectively ; and the said COurts are hereby given jurisdiction in all such cases. And all Such Indians Committing any crimes against the perSOn Or property of another In- dian or other person within the boundaries of any State of the United States, and within the limits Of any Indian reservation, shall be subject to the same laws, tried in the same Courts and in the same man- ner, and be Subject to the same penalties as are all Other persons Committing any of the above Crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the Of- fense of rape upon any female Indian within the limits of any Indian reservation shall be imprisoned at the discretion of the court. (March 3, 1885, c. 341, § 9, 23 Stat. 385. Jan. 15, 1897, c. 29, § 5, 29 Stat. 487. March 4, 1909, c. 321, § 328, 35 Stat. 1151.) - § 10503. (Crim. Code, § 329.) Crimes com- raitted on Indian reservations in South Dakota; rape of female Indian—The [circuit and district Courts Of the United States for the district Of South Dakota shall have jurisdiction to hear, try, and de- termine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, as- Sault with a dangerous weapon, arson, burglary, or larceny, Committed within the limits of any Indian reservation in the State of South Dakota. Any per- Son Convicted Of murder, manslaughter, rape, arson, Or burglary, committed within the limits of any such reservation, shall be subject to the same punishment as is imposed upon persons committing said crimes Within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the Crime Of rape upon any female Indian within any Such reservation shall be imprisoned at the discretion Of the Court. Any person convicted of the crime of assault with intent to kill, assault with a dangerous Weapon, Or larceny, committed within the limits of any Such reservation, shall be subject to the same punishment, as is provided in cases of other persons Convicted Of any of said crimes under the laws of the State . Of South Dakota. This section is passed in pursuance Of the cession of jurisdiction contained in chapter one hundred and six, Laws of South Dakota, nineteen hundred and one. (Feb. 2, 1903, c. 351, 32 Stat. 793. March 4, 1909, c. 321. § 329, 35 Stat. 1151.) Text in brackets superseded by §§ 1266–1268. § 10504. (Crim. Code, § 330.) Qualified ver- dicts—In all cases where the accused is found guilty Of the Crime of murder in the first degree, or rape, the jury may qualify their verdict by adding thereto “Without Capital punishment;” and whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to imprisonment for life. (Jan. 15, 1897, c. 29, § 1, 29 Stat. 487. March 4, 1909, c. 321, § 330, 35 Stat. 1152.) - - § 10505. (Crim. Code, § 331.) Body of ex- ecuted offender for dissection—The court before which any person is convicted of murder in the first degree, Or rape, may, in its discretion, add to the judgment of death, that the body of the offender be delivered to a Surgeon for dissection ; and the mar- shal Who executes such judgment shall deliver the body, after execution, to such surgeon as the court. may direct; and such surgeon, or some person ap- Of the above-named 1722] pointed by him, shall receive and take away the body at the time of execution. (R. S. § 5340. March 4, 1909, c. 321, § 331, 35 Stat. 1152.) - . § 10506. (Crim. Code, § 332.) Principals de- fined—Whoever directly commits any act constituting an offense defined in any law of the United States, Or aids, abets, Counsels, commands, induces, or pro- Cures its Commission, is a principal. (R. S. §§ 5323, 5427. March 4, 1909, c. 321, § 332, 35 Stat. 1152.) § 10507. (Crim. Code, § 33.3.) Punishment of accessories—Whoever, except as otherwise expressly provided by law, being an accessory after the fact to the commission of any offense defined in any law of the United States, shall be imprisoned not exceed- ing one-half the longest term of imprisonment, or fined not exceeding one-half the largest fine prescrib- ed for the punishment of the principal, or both, if the principal is punishable by both fine and imprison- ment; or if the principal is punishable by death, then an accessory shall be imprisoned not more than ten years. (R. S. §§ 5533–5535. March 4, 1909, c. 321, § 333, 35 Stat. 1152.) • ‘ - - § 10508. (Crim. Code, § 334.) Same; robbery or piracy—Whoever, without lawful authority, re- ceives or takes into custody any vessel, goods, or oth- er property, feloniously taken by any robber or pirate against the laws of the United States, knowing the same to have been feloniously taken, and whoever, knowing that such pirate or robber has done or com- mitted any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such rob- bery or piracy, and shall be imprisoned not more than ten years. (R. S. §§ 5324, 5533. March 4, 1909, c. 321, § 334, 35 Stat. 1152.) § 10509. (Crim. Code, § 335.) Felonies and misdemeanors—All Offenses which may be punished by death, or imprisonment for a term exceeding One year, Shall be deemed felonies. All Other Offenses shall be deemed misdemeanors. (March 4, 1909, c. 321, § 335, 35 Stat. 1152.) - § 10510. (Crim. Code, § 336.) Place of com- mittal of murder or manslaughter determined— In all cases of murder or manslaughter, the crime shall be deemed to have been committed at the place where the injury was inflicted, or the poison admin- istered, or other means employed which caused the death, without regard to the place where the death occurs. (March 4, 1909, c. 321, § 336, 35 Stat. 1152.) § 1051 1. (Crim. Code, § 337.) Construction of words—Words used in this title in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neu- ter; the singular number includes the plural, and the plural the singular ; the word “person” and the word “whoever” include a corporation as well as a natural person ; writing includes printing and type- writing, and signature or subscription includes a mark when the person making the same intended it as such. The words “this title,” wherever they oc- cur herein, shall be Construed to mean this Act. (March 4, 1909, c. 321, § 337, 35 Stat. 1152.) - § 10512. (Crim. Code, § 338.) Effect of omit- ting “hard labor”—The Omission of the words “hard labor” from the provisions prescribing the punish- ment in the various sections Of this. Act, shall not be construed as depriving the court of the power to im- pose hard labor as a part of the punishment, in any case where such power now exists. (March 4, 1909, c. 321, § 338, 35 Stat. 1153.) § 10513. (Crim. Code, § 339.) Arrangement and classification of sections—The arrangement and classification Of the Several Sections of this title have been made for the purpose of a more Convenient and orderly arrangement of the same, and therefore Ino inference or presumption of a legislative Construc- tion is to be drawn by reason . Of the Chapters under Ch. 15) & 10515. THE CRIMINAL CODE which any particular section is placed. (March 4, 1909, c. 321, § 339, 35 Stat. 1153.) - - § 10514. (Crim. Code, § 340.) Jurisdiction of district courts—The Crimes and Offenses defined in this Title shall be cognizable in the [circuit and dis- trict courts of the United States, as prescribed in Sections five hundred arid Sixty-three and six hundred and twenty-nine of the Revised Statutes. (March 4, 1909, c. 321, § 340, 35 Stat. 1153.) lºst in brackets superseded by §§ 1266–1268. And see § § 10514a. General provisions; United States defined—The term “United States” as used in this Act includes the Canal Zone and all territory and wa- ters, continental or insular, subject to the jurisdic- tion of the United States. (June 15, 1917, c. 30, title XIII, § 1, 40 Stat. 231.) - - - This section and the three sections hext following Were part of “An act to punish interference with the foreign relations, the neutrality and the foreign commerce of the |United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other pur- poses,” cited above. These sections constituted title XIII of said act, entitled “General Provisions.” Said act was divided into 13 titles. Title I, “Espionage,” is set forth as $$ 102.12a-10212h; title II, “Vessels in Ports of the Unit- ed States,” is set forth as $$ 9959%a-9959%d; title III, “In- juring Vessels Engaged in Foreign Commerce,” is set forth as $ 10483a; title IV, “Interference with Foreign Commerce by Violent Means,” is set forth as $ 104.18a; ti- tle V, “Enforcement of Neutrality,” is set forth as $$ 10177, 10179, 10182b-10182i; title VI, “Seizure of Arms and Other Articles Intended for Export,” is set forth as $$ 7678d-7678k; title VII, “Certain Exports in Time of War Unlawful,” is set forth as $$ 7678a–7678c, title VIII, ‘‘Dis- turbance of Foreign Relations,” is set forth as $$ 7678l- 7678p; title IX, “Passports,” is set forth as $$ 7628a–7628d; title X, “Counterfeiting Government Seal,” is set forth as $$ 10240a–10240c; title XI, “Search Warrants,” is set forth as $$ 10212i, 10496%a-10496%v; and title XII, “Use of Mails,” is set forth as $$ 10401a–10401d. - s § 10514b. Same; jurisdiction of offenses—The several courts of first instance in the Philippine Is- lands and the district. Court of the Canal Zone shall have jurisdiction of offenses under this Act Committed within their respective districts, and concurrent juris- diction with the district courts of the United States of offenses under this Act committed upon the high seas, and of conspiracies to commit such Offenses, as defined by section thirty-seven of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States,” approved March fourth, nine- teen hundred and nine, and the provisions of said section, for the purpose of this Act, are hereby ex- tended to the Philippine Islands, and to the Canal Žone. In Such cases the district attorneys Of the Philippine Islands and of the Canal Zone shall. have the powers and perform the duties, provided in this Act for United States attorneys. (June 15, 1917, c. 30, title XIII, § 2, 40 Stat. 231.) § 105.14c. Same; prosecutions under prior laws—Offenses committed and penalties, forfeitures, or liabilities incurred prior to the taking effect here- Of under any law embraced in or changed, modified, Or repealed by any chapter of this Act may be prosecut- ed and punished, and suits and proceedings for causes arising or acts done or Committed prior to the taking. effect hereof may be commenced and prosecuted, in the same manner and with the same effect as if this Act had not been passed. (June 15, 1917, c. 30, title XIII, § 3, 40 Stat. 231.) § 105.14d. Same; effect of partial invalidity of act—If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any COUrt Of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its opera- tion to the clause, sentence, paragraph, or part there- of directly involved in the controversy in which such judgment shall have been rendered. (June 15, 1917, C. 30, title XIII, § 4, 40 Stat. 231.) 4. [Page 1723] . hundred and eighty-eight, Chapter Fifteen—Repealing Provisions Sec. - - - 10515. sºns, acts, and parts of acts repealed; general re- pea, i. - - - 10516. Pending actions not affected. 10517. Prosecutions prior to taking effect of law. 10518. Limitations. - 10519. In effect January 1, 1910. § 10515. (Crim. Code, § 341.) Sections, acts, and parts of acts repealed; general repeal—The following sections of the Revised Statutes and Acts and parts of Acts are hereby repealed: Sections four hundred and twelve, fifteen hundred and fifty-three, sixteen hundred and sixty-eight; sec- tions Seventeen hundred and eighty to seventeen hun- dred and eighty-three, both inclusive; sections seven- teen hundred and eighty-five, seventeen hundred and eighty-Seven, seventeen hundred and eighty-eight, sev- enteen hundred and eighty-nine, twenty-three hundred and seventy-three, twenty-four hundred and twelve, thirty-five hundred and eighty-three, thirty-seven hun- dred and eight, thirty-seven hundred and thirty-nine, thirty-seven hundred and forty, thirty-seven hundred and forty-two, thirty-eight hundred and thirty-two, thirty-eight hundred and fifty-one, thirty-eight hun- dred and sixty-nine, thirty-eight hundred and eighty- seven ; sections thirty-eight hundred and ninety to thirty-eight hundred and ninety-four, both inclusive: Section thirty-eight hundred and ninety-nine ; sections thirty-nine hundred and twenty-two to thirty-nine hundred and twenty-five, both inclusive; sections thirty-nine hundred and forty-seven, thirty-nine hun- dred and fifty-four, thirty-nine hundred and seventy- Seven, thirty-nine hundred and seventy-nine; sections thirty-nine hundred and eighty-One to thirty-nine hun- dred and eighty-six, both inclusive; sections thirty- nine hundred and eighty-eight, thirty-nine hundred and ninety-two, thirty-nine hundred and ninety-five, thirty-nine hundred and ninety-six, four thousand and thirteen, four thousand and sixteen, four thousand and thirty, four thousand and fifty-three, fifty-one fifty-One hundred and eighty-nine; sections fifty-two hundred and eighty- One to fifty-two hundred and ninety-One, both inclu- sive; sections fifty-three hundred and twenty-three to fifty-three hundred and ninety-five, both inclusive; sections fifty-three hundred and ninety-eight to fifty- four hundred and ten, both inclusive; sections fifty- four hundred and thirteen to fifty-four hundred and eighty-four, both inclusive; sections fifty-four hun- dred and eighty-seven to fifty-five hundred and ten, both inclusive ; sections fifty-five hundred and six- teen, fifty-five hundred and eighteen, fifty-five hun- dred and nineteen ; Sections fifty-five hundred and twenty-four to fifty-five hundred and thirty-five, both inclusive; sections fifty-five hundred and fifty-one to fifty-five hundred and sixty-seven, both inclusive, of the Revised Statutes; - That part of section thirty-eight hundred and twenty-nine of the Revised Statutes which reads as follows: “And every person who, without authority from the Postmaster-General, sets up or professes to keep any office or place Of business bearing the sign, name, or title of post-Office, shall, for every such of- fense, be liable to a penalty Of not more than five hundred dollars;” - That part of section thirty-eight hundred and sixty- Seven Of the Revised Statutes which reads as follows: “And any person not COInnected with the letter-Carrier branch Of the postal Service who shall wear the uni- form which may be prescribed shall, for every such Offense, be punishable by a fine Of not more than One hundred dollars, or by imprisonment for not more than six months, or both ;” That part of section four thousand and forty-six Of the Revised Statutes which reads as follows: “Ev- ery postmaster, assistant, clerk, or other person em- ployed in Or Connected with the business or operations ź 10515 (Tit. 69A THE CRIMINAL CODE Of any money-order office who converts to his own use, in any way whatever, or loans, or deposits in any bank, except as authorized by this title, or ex- Changes for other funds, any portion of the public money-Order funds, shall be deemed guilty of embez- zlement; and any such person, as well as every other person advising or participating therein, shall, for every such offense, be imprisoned for not less than six lmOnths nor more than ten years, and be fined in a sum equal to the amount embezzled; and any failure to pay Over or produce any money-order funds intrust- ed to Such person shall be taken to be prima facie evidence of embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the money-order account books of the Sixth Auditor. But nothing herein contained shall be construed to prohibit any postmaster depositing, under the direction of the Post- Imaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his OWn Credit as postmaster, any money order or other funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or other- Wise, When instructed or required to do so by the Postmaster-General, for the purpose of remitting sur- plus money-order funds from one post-office to an- Other, to be used in payment of money orders.” “An Act to protect lines of telegraph constructed or used by the United States from malicious injury and Obstruction,” approved June twenty-third, eighteen hundred and seventy-four; - “An Act to protect persons of foreign birth against forcible constraint or involuntary servitude,” approv- ed June tWenty-third, eighteen hundred and seventy- four ; That part of “An Act making appropriations for the Service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and Seventy-five, and for other purposes,” approved June tWenty-third, eighteen hundred and seventy-four, Which reads as follows: “That any postmaster who shall affix his signature to the approval of any bond of a bidder or to the certificate of sufficiency of sure- ties in any contract before the said bond or pontract is signed by the bidder or contractor and his sureties, Or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insuffi- cient Sureties, or shall knowingly make any false or fraudulent Certificate, shall be forthwith dismissed from office and be thereafter disqualified from holding the Office Of postmaster, and shall also be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both ;” Sections one, two, and three of “An Act to protect Ornamental and other trees On Government reserva- tions and on lands purchased by the United States, and for other purposes,” approved March third, eight- een hundred and Seventy-five; “An Act to punish certain larcenies and the receiv- ers of stolen goods,” approved March third, eighteen hundred and seventy-five ; “An Act to amend section fifty-four hundred and fifty-seven of the Revised Statutes of the United States, relating to counterfeiting,” approved January sixteenth, eighteen hundred and seventy-seven ; That part of section five of “An Act establishing post-roads, and for other purposes,” approved March third, eighteen hundred and seventy-seven, which reads as follows: “And if any person shall make use of any such official envelope to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction ;” That part of Section one of “An Act making appro- [Page 1724] priations for the service of the Post-Office Department for the year ending June thirtieth, eighteen hundred and Seventy-nine, and for other purposes,” approved June Seventeenth, eighteen hundred and seventy-eight, which reads as follows: “And any postmaster who shall make a false return to the auditor, for the pur- pose of fraudulently increasing his compensation un- der the provisions of this or any other Act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars, or imprisoned for a term not exceeding one year, or punished by both Such fine and imprisonment, in the discretion of the Court; and no postmaster of any class, or other perSon Connected with the postal service, intrusted With the sale or custody of postage stamps, stamped envelopes, or postal cards, shall use or dispose of them in the payment of debts or in the purchase of merchandise or other salable articles, or pledge or hypothecate the same, or sell or dispose of them ex- Cept for Cash, or sell or dispose of postage stamps or postal Cards for any larger or less sum than the Values indicated on their faces, or sell or dispose of Stamped envelopes for a larger or less sum than is charged therefor by the Post-Office Department for like quantities, or sell or dispose of postage stamps, Stamped envelopes, or postal cards otherwise than as provided by law and the regulations of the Post-Office Department; and any postmaster or other person Connected With the postal service who shall violate any of these provisions shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any Sum not less than fifty nor more than five hundred dollars, or imprisoned for a term not exceeding one year;” “An Act to amend section fifty-four hundred and ninety-seven of the Revised Statutes relating to embezzłément by officers of the United States,” ap- provedº'ebruary third, eighteen hundred and sev- enty-nine; - - . That part of Section one of “An Act making ap- propriations for the service of the Post-Office De- partment for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purpos- es,” approved March third, eighteen hundred and Seventy-nine, which reads as follows: “That noth- ing COntained in Section thirty-nine hundred and eighty-two of the Revised Statutes shall be construed as prohibiting any person from receiving and deliv- ering to the nearest post-Office Or postal car mail matter properly stamped.” twenty-three, twenty-seven, and twenty-eight of said Act; . - “An Act to amend section fifty-four hundred and forty of the Revised Statutes,” approved May seven- teenth, eighteen hundred and seventy-nine; Sections One, three, and four of “An Act to amend Section fifty-three hundred and fifty-two of the Re- vised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two; Sections eleven, twelve, thirteen, fourteen, and fifteen of “An Act to regulate and improve the civil service of the United States,” approved January six- teenth, eighteen hundred and eighty-three; “An Act making it a felony for a person to false- ly and fraudulently assume or pretend to be an Of- ficer or employee acting under authority of the Unit- ed States or any department or officer thereof, and prescribing a penalty therefor,” approved April eighteenth, eighteen hundred and eighty-four: “An Act to prevent and punish the counterfeiting Within the United States Of notes, bonds, Or Other Securities of foreign governments,” approved May sixteenth, eighteen hundred and eighty-four; Section nine of “An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June thir- Also sections thirteen, Ch. 15) & 10515 TEIE CRIMINAL CODE IPage 1725] tieth, eighteen hundred and eighty-six, and for oth- er purposes,” approved March third, eighteen hun- dred and eighty-five; Section two of “An Act to amend the Act en- titled “An Act to modify the money-Order System, and for other purposes,’ approved March third, eight- een hundred and eighty-three,” approved January third, eighteen hundred and eighty-seven; Sections three, four, five, nine, and ten of “An Act to amend an Act entitled “An Act to amend Sec- tion fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,’ approved March twenty- second, eighteen hundred and eighty-two,” approved March third, eighteen hundred and eighty-Seven; Section two of “An Act relating to permissible marks, printing or writing, upon second, third, and fourth class matter, and to amend the twenty-Second and twenty-third sections of an Act entitled “An Act making appropriations for the service Of the Post- Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for Oth- er purposes,’” approved January twentieth, eight- een hundred and eighty-eight; “An Act to amend Section fifty-three hundred and eighty-eight of the Revised Statutes of the United States in relation to timber depredations,” approved June fourth, eighteen hundred and eighty-eight; “An Act relating to postal Crimes, and amendatory Of the statutes therein mentioned,” approved June eighteenth, eighteen hundred and eighty-eight; “An Act amendatory of “An Act relating to postal Crimes and amendatory of the statutes therein men- tioned,’ approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes,” approved September twenty-sixth, eighteen hundred and eighty- eight; “An Act to punish, as a felony, the carnal and unlawful knowing of any female under the age of six- teen years,” approved February ninth, eighteen hun- dred and eighty-nine; - - - Sections one and two of “An Act to punish dealers and pretended dealers in counterfeit money and Oth- er fraudulent devices for using the United States mails,” approved March second, eighteen hundred and eighty-nine; Section one of “An Act to amend certain Sections of the Revised Statutes relating to lotteries, and for Other purposes,” approved September nineteenth, eighteen hundred and ninety; . . “An Act further to prevent counterfeiting or man- ufacture of dies, tools, or other implements used in counterfeiting, and providing penalties therefor, and providing for the issue of search warrants in cer- tain cases,” approved February tenth, eighteen hun- dred and ninety-One; “An Act to amend Sections fifty-three hundred and sixty-five and fifty-three hundred and sixty-six of the Revised Statutes relating to barratry on the high Seas,” approved August sixth, eighteen hundred and ninety-four; Sections one - and two of “An Act for the suppres- sion of lottery traffic through national and inter- state commerce and the postal service, subject to the jurisdiction and laws of the United States,” ap- ºyed March Second, eighteen hundred and ninety- Ve: “An Act to prohibit prize fighting and pugilism and fights between men and animals, and to provide penalties therefor in the Territories and the District of Columbia,” approved February seventh, eighteen hundred and ninety-six; That part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety- five,” approved August eighth, eighteen hundred and ninety-four, and that part of “An Act making ap- propriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hun- dred and ninety-six,” approved March second, eight- een hundred and ninety-five, and that part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven,” approved April, tWenty-fifth, eighteen hundred and ninety-six, which reads as follows: “Any person who shall knowingly iSSue Or publish any Weather forecasts or warnings Of Weather Conditions falsely representing such fore- CastS or Warnings to have been issued or published by the Weather Bureau, United States Signal Serv- ice, or other branch of the government service, shall be deemed guilty of a misdemeanor, and, on con- Viction thereof, for each offense be fined in a sum not exceeding five hundred dollars, or imprisoned not to exceed ninety days, or be both fined and impris- Oned, in the discretion of the court;” That part of “An Act making appropriations for Current and COntingent expenses of the Indian De- partment and fulfilling treaty stipulations with vari- OuS Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes,” approved June tenth, eighteen hundred and ninety-six, which reads as follows: “Provided further, That hereafter it shall be unlaw- ful for any person to destroy, deface, change, or re- move to another place any section corner, quarter- Section Corner, Or meander post on any Government line Of Survey, Or to cut down any witness tree or any tree blazed to mark the line of a Government Survey, Or to deface, change, or remove any monu- ment or bench mark of any Government survey. That any person Who shall offend against any of the pro- Visions of this paragraph shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any Court, Shall be fined not exceeding two hundred and fifty dollars or be imprisoned not more than one. hi.Indred days. All the fines accruing under this paragraph shall be paid into the Treasury, and the informer in each case of conviction shall be paid the Sum of twenty-five dollars;” e “An Act to reduce the cases in which the penalty of death may be inflicted,” approved January fif- teenth, eighteen hundred and ninety-seven; “An Act to prevent the carrying of obscene litera- ture and articles designed for indecent and im- moral use from one State or Territory into another State or Territory,” approved February eighth, eighteen hundred and ninety-seven; “An Act to prevent forest fires on the public do- main,” approved February twenty-fourth, eighteen hundred and ninety-seven ; - - “An Act to prevent the purchasing of or speculat- ing in claims against the Federal Government by United States officers,” approved February twenty- fifth, eighteen hundred and ninety-seven; “An Act to amend section fifty-four hundred and fifty-nine of the Revised Statutes, prescribing the punishment for mutilating United States coins, and for uttering or passing or attempting to utter or pass Such mutilated coins,” approved March third, eight- een hundred and ninety-seven; - Section eighteen of “An Act to amend the laws relating to navigation,” approved March third, eight- een hundred and ninety-seven; That part of section one of “An Act making ap- propriations for the service of the Post-Office Depart- ment for the fiscal year ending June thirteenth, eighteen hundred and ninety-nine,” approved June thirteenth, eighteen hundred and ninety-eight, which reads as follows: “Provided, That any person or persons who shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mails with intent to cause an increase in the com- pensation of the railroad mail carrier over whose route Such mail matter may pass, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than five hundred dollars 3 10515 (Tit. 69A THE CRIMINAL CODE nor more than five years;” Section seventeen of “An Act to provide revenue for the Government, and to encourage the industries Of the United States,” approved July twenty-fourth, eighteen hundred and ninety-seven; - Section three of an Act entitled “An Act making appropriations for the service of the Post-Office De- partment for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes,” approved March third, nineteen hundred and three; “An Act to protect the harbor defenses and forti- fications constructed or used by the United States from malicious injury, and for other purposes,” ap- proved July seventh, eighteen hundred and ninety- eight; g - - - “An Act to amend an Act entitled ‘An Act to pre- vent forest fires on the public domain,” approved February twenty-fourth, eighteen hundred and ninety Seven,” approved May fifth, nineteen hundred; . Sections two, three, and four of “An Act to enlarge the powers of the Department of Agriculture, pro- hibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes,” approved May twenty-fifth, nineteen hun- dred; “An Act to prevent the sale of firearms, opium, and intoxicating liquors in certain islands of the Pacific,” approved February fourteenth, nineteen hundred and two; - * , “An Act for the suppression of train robbery in the Territories of the United States and elsewhere, and for Other purposes,” approved July first, nine- teen hundred and two; . “An Act conferring jurisdiction upon the circuit and district Courts for the district Of South Dakota in certain cases, and for other purposes,” approved February second, nineteen hundred and three; “An Act to amend section three of the ‘Act further to prevent Counterfeiting or manufacturing of dies, tools, or other implements used in manufacturing,” and so forth, approved February tenth, eighteen Thundred and ninety-one,” approved March third, nineteen hundred and three; “An Act for the protection of the Bull Run Forest Reserve and the sources of the water supply of the city of Portland, State of Oregon,” approved April twenty-eighth, nineteen hundred and four; “An Act to amend the Act of February eighth, eighteen hundred and ninety-seven, entitled “An Act to prevent the carrying of obscene literature and ar- ticles designed for indecent and immoral use from One State or Territory into another State or Terri- tory,” so as to prevent the importation and exporta- tion of the same,” approved February eighth, nine- teen hundred and five; - “An Act to amend section thirteen of Chapter three hundred and ninety-four of the Supplement to the Revised Statutes of the United States,” approved March second, nineteen hundred and five; Section five of “An Act to amend sections forty- four hundred and seventeen, forty-four hundred and fifty-three, forty-four hundred and eighty-eight, and forty-four hundred and ninety-nine Of the Revised Statutes relating to misconduct by officers or owners of vessels,” approved March third, nineteen hundred- and five; “An Act to punish the cutting, chipping, or boxing IPage nor more than twenty thousand dollars, and shall be imprisoned at hard labor not less than thirty days 1726] Of trees On the public lands,” approved June fourth, nineteen hundred and six. - Sections sixteen, seventeen, and nineteen of “An Act to establish a bureau of immigration and natural- ization, and to provide for a uniform rule for the naturalization of aliens throughout the United States,” approved June twenty-ninth, nineteen hun- dred and six. An Act entitled “An Act to prohibit corporations from making money contributions in connection with political elections,” approved January twenty-sixth, Inineteen hundred and seven. . . . ." An Act entitled “An Act to amend sections one, two, and three of an Act entitled ‘An Act to prohibit Shanghaiing in the United States,’ approved June twenty-eighth, nineteen hundred and six,” approved March Second, nineteen hundred and seven. - An Act entitled “An Act to promote the safe trans- portation in interstate commerce of explosives and Other dangerous articles, and to provide penalties for its violation,” approved May thirtieth, nineteen hundred and eight. . • , An Act entitled “An Act to amend section fifty- four hundred and thirty-eight of the Revised Stat- utes,” approVed May thirtieth, nineteen hundred and eight. - . - - . Also all other sections and parts of sections of the Revised Statutes and Acts and parts of Acts of Congress, in So far as they are embraced within and Superseded by this Act, are hereby repealed; the re- maining portions thereof to be and remain in force With the same effect and to the same extent as if this Act had not been passed. (March 4, 1909, c. 321, § 341, 35 Stat. 1153.) . . - § 10516. (Crina. Code, § 342.) Pending actions not affected—The repeal of existing laws or modifica- tions thereof embraced in this title shall not affect any act done, Or any right accruing or accrued, or any Suit Or proceeding had or commenced in any Civil cause prior to said repeal or modifications, but all liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modifications had not been made. (March 4, 1909, c. 321, § 342, 35 Stat. 1159.) - § 3.0517. (Crim. Code, § 343.) Prosecutions, prior to taking effect of law—All offenses commit- ted, and all penalties, forfeitures, Or liabilities incur- red prior to the taking effect hereof, under any law embraced in, or changed, modified, or repealed by this title, may be prosecuted and punished in the same manner and With the same effect as if this Act had not been passed. (March 4, 1909, c. 321, § 343, 35 Stat. 1159.) - : • , § 10518. (Crim. Code, § 344.) Limitations— All acts of limitation, whether applicable to civil Causes and proceedings, or for the recovery of pen- alties or forfeitures, embraced in, modified, changed, or repealed by this title, shall not be affected there- by; and all suits or proceedings for causes arising or acts done or committed prior to the taking effect here- Of may be Commenced and prosecuted within the same time and with the same effect as if said repeal had not been made. (March 4, 1909, c. 321, § 344, 35 Stat. 1159.) - - - § 10519. (Crim. Code, § 345.) In effect Janu- ary 1, 1910—This Act shall take effect and be in force on and after the first day Of January, nineteen hundred and ten. (March 4, 1909, c. 321, § 345, 35 Stat. 1159.) - TITLE LXX—CRIMES Chap. Sec. Chap. - Sec. 1. General provisions......................... tº 9 @ e º e 6. Official misconduct, etc.................. . . . . . . . . 2. Crimes against the existence of the Government . Crimes against the elective franchise and civil 3. Crimes arising within the maritime and terri. rights of citizens. . . . . . . . . .... • * * * * * * * * * * * * * * . . . . . - torial Jurisdiction of the United States. . . . . tº º The punishment of accessories.................. 4. crimes against justice. . . . . . . . . . . . . . . . . . . . . . Prisoners and their treatment. . . . . . . . . . . . . . . . . . 10520 5. Crimes against the operations of the Govern- - - - ment . . . . . * * * * * * * * * * * * * * * * * * * > . . . • * * * * * * * * * * * º Chapter One—General Provisions (R. S. §§ 5323–5330. Repealed.) This chapter of the Revised Statutes included sections 5323-5330 thereof. The provisions contained therein were, With the exception of section 5329, incorporated into the Çiminal Code, chiefly in chapter 14 thereof, in sections 323-327, 332, 334 (§§ 10497-10501, 10506,10508), and these sec- tions and section 5329, relating to the benefit of clergy, Were repealed by section 341 of said Code (§ 10515). Act, Jan. 15, 1897, c. 29, § 1, 29 Stat. 487, authorizing a qualified verdict, in murder or rape cases, was also in- Corporated in said Code, in section 330 thereof (§ 10504), and Was repealed by said section 341 thereof (§ 10515). Chapter Two—Crimes Against the Existence of the Government (R. S. §§ 5331–5338. Repealed.) This chapter of the Revised Statutes included sections 5331-5338 thereof. - - They were incorporated into the Crim- inal Code, in chapter 1 thereof, sections 1-7 (§§ 10165-10172), and Were repealed by Section 341 of said Code (§ 10515). Chapter Three—Crimes Arising With- in the Maritime and Territorial Jurisdiction of the United States * (R. S. §§ 5339–5391. Repealed.) This chapter of the Revised Statutes included sections 5339–5391 thereof. The provisions contained therein were incorporated into the Criminal Code, chiefly in chapters 11, 12, and 13 thereof, and were repealed by section 341 of Said Code (§ 10515). - . . - - Acts and, parts of acts subsequent to the Revised Stat- utes relating to the subjects thereof, which were also in- corporated into said Criminal Code, and repealed by said section 341 thereof (§ 10515), are the following: - Act June 23, 1874, c. 464, 18 Stat. 251, protecting per- Sons of foreign birth against involuntary servitude, incor- porated in section 271 of said Code (§ 10444). s' Act March 3, 1875, c. 151, §§ 1–3, 18 Stat. 481, punishing injury to trees and fences on lands of the United States and driving of cattle thereon, incorporated in sections 50, 56, of said Code (§§ 10217, 10223). - Act, March 22, 1882, c. 47, §§ 1, 3, 4, 22 Stat. 30, relating to bigamy and , unlawful cohabitation, incorporated in sections 313–315 of said Code (§§ 10486-10488). - Act March 3, 1887, c. 397, §§ 3–5, 9, 10, 24 Stat. 635, punishing enumerated crimes, incorporated 316–319 of said Code (§§ 10489-10492). Act June 4, 1888, c. 340, amending R. S. § 5388, punishing depredation on timber lands, incorporated in section 50 of said Code (§ 10217). - - Act Feb. 9, 1889, c. 120, 25 Stat. 658, -punishing crime, incorporated in section 279 of said Code (§ 10452). Act Aug. 6, 1894, c. 227, 28 Stat. 233, amending R. S. §§ 5365, 5366, incorporated in sections 300, 301, of said Code (§§ 10473, 10474). - Act Feb. 7, 1896, c. 12, 29 Stat. 5, punishing prize fighting and defining pugilistic encounter, incorporated in sections 320, 321, of said Code (§§ 10493, 10494). of fire arms, etc., in islands of the Pacific, Act March 3, 1897, § 18, 29 Stat. 691, amending R. S. 5347, incorporated in section 291 of said Code (§ 10464). Act July 7, 1898, c. 576, 30 Stat. 717, punishing injury to harbor defenses and fortifications, incorporated in sections 44, 289, of said Code. (§§ 10208, 10462). Act Feb. 14, 1902, c. 18, 32 Stat. 33, preventing the sale incorporated in section 308 of said Code (§ 10481). - Act July 1, 1902, c. 1376, 32 Stat. 727, punishing train robberies in the territories, etc., incorporated in section 322 of said Code (§ 10495). - Act Feb. 2, 1903, c. 351, 32 Stat. 793, relating to crimes On Indian reservations, incorporated in section 329 of said Code (§ 10503). Act March 3, 1905, c. 1454, § 5, 33 Stat. 1025, amending #, s; 3 5344, incorporated in section 282 of said Code (§ 90). Acts and parts of acts which were superseded by pro- Visions of said Code are the following: Act March 3, 1875, c. 138, 18 Stat. 473, relating to the ' [Page 1727] 5413–5480 thereof. in Sections punishment of manslaughter, was superseded by the pro- visions relating to the same subject in section 275 of said Code (§ 10448). Act Sept. 4, 1890, c. 874, 26 Stat. 424, extending the crim- inal jurisdiction to the Great Lakes and their connecting Waters, was superseded by the provisions relating to the Same subject in sections 272, 340, of said Code (§§ 10445, 10514). - Chapter Four—Crimes Against Justice (R. S. §§ 5392–5412. Repealed, obsolete, or transferred.) This chapter of the Revised Statutes included sections 5392-5412 thereof... The provisions of sections 5392-5395, 5398- 5410, were incorporated into the Criminal Code, chiefly in chapter 6 thereof (§§ 10295-10316), and were repealed by section 341 of said Code (§ 10515). - •. - R. S. §§ 5396, 5397, relating to indictments for perjury and subornation of perjury, not being within the Scope of the Criminal Code, were not incorporated in or repealed by it, and are set forth as $$ 1687, 1688. R. S. § 5407, was included among the sections repealed by said section 341, but its provisions were not carried into the Code, apparently because they were similar to those of R. S. § 5519, held unconstitutional in U. S. V. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290. R. S. §§ 5411, 5412, were not incorporated into or repealed by said Code, apparently because obsolete. Chapter Five—Crimes Against the Operations of the Government (R. S. §§ 5413–5480. Repealed.) This chapter of the Revised Statutes included sections They were incorporated into the Crim- inal Code, chiefly in chapters 4, 7, and 8 thereof, and Were repealed by section 341 thereof (§ 10515). - Acts and parts of acts subsequent to the Revised Stat- utes relating to the subjects embodied in this Chapter, which were also incorporated into said Criminal Code and repealed by said section 341 thereof, are the following: Act March 3, 1875, c. 144, 18 Stat. 479, punishing the lar- ceny of public property and the receiving Of stolen goods, incorporated in sections 47, 48, of said Code (§§ 10214, 10215). - • , . * ––. Act Jan. 16, 1877, c. 24, 19 Stat. 223, amending.F.S. § 5457, incorporated in section 163 of Said Code (§ 10333). Aót March 3, 1879, c. 180, § 13, 20 Stat. 859, amended by Act june 18, 1888, c. 394, 25 Stat. 187, punishing the giving of false evidence of character of publication tº. Se- cure second class mail rate, incorporated in section 223 of said Code (§ 10393). - - Act May #. 1879, c. 8, 21 Stat. 4, amending R. S. § 5440, incorporated in section 37 of said Code (§ 10201): . . Åct April 18, 1884, c. 26, 23 Stat. 11, punishing falsely pretending to be a United States officer, incorporated in section 32 of said Code (§ 10196). • - - - Act May 16, 1884, c. 52, 23 Stat. 22, punishing Counter- feiting of notes, etc., of foreign governments, incorporated in sections 156–161 of said Code (§§ 10326-10331). ... Act Jan. 3, 1887, c. 13, § 2, 24 Stat. 355, amending R. S. § 5463, incorporated in section 218 of Said Code (§ 19388). Act June 18, 1888, c. 394, § 2, 25 Stat. 187, punishing the forgery of postal money orders, incorporated in Section 218 of said Code (§ 10388). - - . Act. March 2, 1883, c. 393, § 1, 25 Stat. 873, amending R. S. s 5480, incorporated in section 215 of said Code (§ 10385). Act March 2, 1889, c. 393, § 2, 25 Stat. 873, punishing the fraudulent assumption of fictitious address, incorporated in section 216 of said Code (§ 10386). - Act Feb. 10, 1891, c. 127, §§ 1, 2, 26 Stat. 742, punishing counterfeiting of domestic and foreign coins, incorporated in sections 169, 170, of said Code (§§ 10339, 10340). Act Feb. 10, 1891, c. 127, § 3, 26 Stat. 742, amended by Act. March 3, 1903, c. 1015, 32 Stat. 1223, prohibiting the making, importing, or having in possession tokens, etc., similar to United States or foreign coins, incorporated in section 171 of said Code (§ 10341). - . . Act Feb. 10, 1891, c. 127, § 4, 26 Stat. 742, forfeiting coun- terfeit coins, etc., or material for counterfeiting, incorpo- rated in section 172 of said Code (§ 10342). Act Feb. 10, 1891, c. 127, § 5, 26 Stat. 743, authorizing § 10520 (Tit. 70 CRIMES [Page 1728] search warrants for counterfeit money, securities, etc., in- corporated in section 173 of said Code (§ 10343). Act March 3, 1897, c. 377, 29 Stat. 625, amending R. S. § 5459, incorporated in section 165 of said Code (§ 10335). Act March 2, 1905, c. 1304, 33 Stat. 822, punishing false evidence of character of publication to secure second class mail rate, incorporated in section 223 of said Code (§ 10393). Act Jan. 26, 1907, c. 420, 34 Stat. 864, prohibiting corpo- rations from making political contributions, incorporated in section 83 of said Code (§ 10251). - Act May 30, 1908, c. 235, 35 Stat. 555, amendil 3. R. S 5438, incorporated in section 35 of said Code (§ 10199). Chapter Six—Official Misconduct, Etc. (R. S. §§ 5481–5505. Repealed, supersed- ed, or transferred.) This chapter of the Revised Statutes included sections 5481-5505 thereof. The provisions of these sections, with the exception of sections 5485, 5486, were incorporated into the Crim. Code, chiefly in chapter 5 thereof, and were re- pealed by section 341 of said Code (§ 10515). R. S. §§ 548, 5486, punishing the demanding or taking by pension attorneys, etc., of more than legal fees, and punishing the embezzlement of a pension by a guardian, Were not incorporated in or repealed by the said Code. R. S. § 5485, is set forth under Title LVII, “Pensions,” § 91.14. . § 5486, was substantially the same as R. S. § 4783. Both those sections were amended to read in the same words, by Act Feb. 10, 1891, c. 130, 26 Stat. 746. R. S. § 4783, as so amended, is set forth under Title LVII, “Pensions,” $ 91.11, and R. S. § 5486, is omitted. Acts subsequent to the Revised Statutes relating to the Subjects of this chapter, incorporated in and repealed or Superseded by said Criminal Code, are the following: Act Feb. 3, 1879, c. 42, 20 Stat. 280, amending R. S. § 5497, incorporated in section 97 of said Code (§ 10265), and repealed by said section 341 thereof (§ 10515). Act June 28, 1906, c. 3574, 34 Stat. 546, amending R. S. “Ś 5481, was incorporated with that section in section 85 of said Code (§ 10253), and was superseded thereby, though * included among the acts repealed by Said section 341 10515). Chapter Seven—Crimes Against the Elective Franchise and Civil Rights of Citizens (R. S. §§ 5506–5532. Repealed and trans- ferred.) This chapter of the Revised Statutes included sections 5506-5532 thereof. R. S. §§ 5506, 55.11-5515, 5520-5523, were repealed by Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. The provisions of the remaining sections, excepting sec- tions 5507, 55.17, 5519, were incorporated into the Crim. Code, chiefly in chapters 3 and 10 thereof, and were repealed by section 341 thereof (§ 10515). R 5517, imposing a fine on a marshal or deputy marshal refusing to receive or execute process issued in pursuance of R. S. § 1985, not being within the scope of Said Criminal Code, was not incorporated in or repealed thereby, and is placed with said R. S. § 1985, under Title XXIV, “Civil Rights,” $ 3939. R. S. §§ 5507 and 5519, were included among the sections repealed by said Criminal Code, but their provisions were not Carried into it, apparently because section 5507 was held unconstitutional in James v. Bowman, 190 U. S. 127, 23 Sup. Ct. 678, 47 L. Ed. 979, and section 5519 was held unconstitutional in U. S. v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290. Chapter Eight—The Punishment of Accessories (R. S. §§ 5533–5535. Repealed.) This chapter of the Revised Statutes included sections 5533–5535 thereof. The provisions contained in these sec- tions were incorporated into the Criminal Code, in sec- tions 333, 334, thereof (§§ 10507, 10508), and were repealed by Section 341 thereof (§ 10515). Chapter Nine—Prisoners and Their Treatment Sec. 10520. Expenses for prisoners paid by United States. 10520a. Cost of care of District of Columbia convicts charged against District; accounts. 10521. Places of confinement. 10522. Marshal to make provision for safe-keeping of pris- OIlerS. 10523. United States convicts in State penitentiaries. 10524. Hiring out United States convicts. 10525. Same; penalty. 10526. Selection of penitentiary where judicial district is di- Vided. Sec. 10527. Where sentences for more than year executed. 10528. Where penitentiary sentences, to be executed. 10529. Pºtions from term of imprisonment for good con- UlCt. 10530. Same. 10531. Same. 10532. Same; computation. 10533. Same; restoration of forfeited commutation. 10534. Same; sentences affected by act. 10535. Release of prisoners on parole; conditions. 10536. Same ; board of parole; meetings. 10537. Same; application for parole. 10538. Same; violation of parole; warrant for retaking pris- OIle1". i 10539. Same; officers authorized to execute warrant; ex- penSeS. 10540. Same; action by board on issue of warrant; revoca- tion of parole. - • 10541. Same; parole officer for each penitentiary; supervision Of paroled prisoners by marshals. 10542. Same; gratuities or transportation to paroled pris- OIlêI’S. 10543. United States prisoners in State reformatories; parole 11 Inder State laws. 10544. Power of President to grant pardon or commutation, or good time allowance by act of CongreSS. 10545. Furnishing clothing and money to discharged prisoners. 10546. Actual reasonable cost of subsistence paid. 10547. Designation of penetentiary ; transportation of pris- Oners; expenses; change of place of imprisonment. 10548. Contracts for subsistence. - 10549. Ordering sentences executed in house of correction. 10550. Confinement of juvenile offenders. 10551. Same; contracts for subsistence. 10552. Location and erection of Government prisonS. 10553. Employment of convicts. 10554. Selection of location of prisons. 10555. Prison officers; rules. 10556. Transportation of prisoners; expenses. 10557. Transportation home of discharged prisoners. 10558. Confinement of juvenile offenders; confinement of pris- - Oners in the United States Military prison. 10559. Deductions from term for good conduct. 10560. Designation of penitentiary; separation of youthful prisonerS. 10561. Military Prison at Fort Leavenworth, P.Can., changed to United States Penitentiary, and transferred to De- partment Of Justice. 10562. Selection of site for penitentiary on Fort Leavenworth Military Reservation; return of military prison to War IDepartment. 10563. Management of United States penitentiary at Atlanta, Ga.; transfer of prisoners; limit of employment. 10564. Federal jail at Fort Smith, Ark., made national prison; prisoners admitted. § 10520. Expenses for prisoners paid by Unit- ed States—All the expenses attendant upon the trans- portation from place to place, and upon the tem- porary or permanent confinement of persons arrested or cominitted under the laws of the United States, as well as upon the execution of any sentence of a court thereof respecting them, shall be paid Out of the Treasury Of the United States in the manner pro- vided by law. (R. S. § 5536.) § 105.20a. Cost of care of District of Colum- bia convicts charged against District; accounts— For the fiscal year nineteen hundred and sixteen and thereafter the COSt Of the care and Custody Of DiS- trict of Columbia convicts in any Federal penitentiary shall be charged against the District of Columbia in quarterly accounts to be rendered by the disburs- ing officer of said penitentiary; and the amount to be charged against the District of Columbia shall be ascertained by multiplying the average daily number of District of Columbia convicts confined in the peni- tentiary during the quarter by the per Capita cost for all prisoners in such penitentiary for the same quar- ter but excluding expenses of Construction or extraor- dinary repair of buildings. (March 3, 1915, c. 75, § 1, 38 Stat. 869.) § 10521. Places of confinement—In a State where the use of jails, penitentiaries, or other houses is not allowed for the imprisonment of persons ar- rested Or Committed under the authority of the Unit- ed States, any marshal in Such State, under the di- rection of the judge of the district, may hire, or oth- erwise procure, within the limits of such State, a con- Venient place to serve as a temporary jail. (R. S. § 5537.) - Ch. 9) 3 10534 CRIMES IPage 1729] § 10522. Marshal to make provision for safe- keeping of prisoners—The marshal shall make such other provision as he may deem expedient and neces- sary for the Safe-keeping of the prisoners arrested or committed under the authority of the United States, until permanent provision for that purpose is made by law. (R. S. § 5538.) - § 10523. United States eonvicts in State pen- itentiaries—Whenever any criminal, convicted of any offense against the United States, is imprisoned in the jail or penitentiary of any State or Territory, such Criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the Courts of the State Or Territory in which such jail Or penitentiary is situated; and While SO COn- fined therein shall be exclusively under the control of the officers having charge of the same, under the laws of Such State or Territory. (R. S. § 5539.) See §§ 2308a.(42), 2450. § 10524. Hiring out United States convicts— It shall not be lawful for any officer, agent, or serv- ant of the Government of the United States to contract With any person Or Corporation, Or permit any Warden, agent, Or Official of any State prison, penitentiary, jail, Or house Of Correction where Criminals of the |United States may be incarcerated to hire Or Contract out the labor of said criminals, or any part of them, who may hereafter be confined in any prison, jail, or other place of incarceration for violation of any laws of the Government of the United States of America. (Feb. 23, 1887, c. 213, § 1, 24 Stat. 411.) § 10525. Offend against the provisions Of this act shall be deem- ed guilty of a misdemeanór, and, On COnviction there- Of, Shall be imprisoned for a term not less than One year nor more than three years, at the discretion of the court, or shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense. (Feb. 23, 1887, c. 213, § 2, 24 Stat. 411.) § 10526. Selection of penitentiary where ju- dicial district is divided—Where a judicial district has been or may hereafter be divided, the [circuit and] district courts of the United States shall have power to sentence any one convicted of an Offense punishable by imprisonment at hard labor to the pen- itentiary within the State, though it be out of the judicial district in which the conviction is had. (R. S. § 5540.) - Text in brackets superseded by §§ 1266–1268. § 10527. Where sentences for more than year executed—In every case where any person Convicted of any offense against the United States is Sentenc- ed to imprisonment for a period longer than One year, the court by which the sentence is passed may Order the same to be executed in any State jail Or peniten- tiary within the district or State where such Court is held, the use of which jail or penitentiary is al- lowed by the legislature of the State for that pur- pose. (R. S. § 554.1.) t § 10528. Where penitentiary sentences to be executed—In every case where any Criminal Con- victed of any offense against the United States is sentenced to imprisonment and confinement to hard labor, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any State jail or penitentiary within the district Or State where Such Court is held, the use Of Which jail or penitentiary is allowed by the legislature of the State for that purpose. (R. S. § 5542.) § 10529. Deductions from term of imprison- ment for good conduct—All prisoners Who have been, or may be, convicted of any offense against the laws of the United States, and confined in any State jail or penitentiary in execution of the judgment upon Such conviction, Who SO COnduct themselves that no charge for misconduct is Sustained against them, Shall have a deduction. Of One month in each year COMP.S.T.’18—109 Same; penalty—Any person who shall made from the term of their sentence, and shall be entitled to their discharge so much the sooner, upon the Certificate of the warden or keeper of such jail Or penitentiary, with the approval of the Attorney- General. (R. S. § 5543.) - See §§ 10531–10533. - § 10530. Same—The preceding section, however, Shall apply to such prisoners only as are confined in jails Or penitentiaries where no credits for good be- havior are allowed; but, in other cases, all prison- ers now or hereafter confined in the jails or peniten- tiaries of any State for offenses against the United States, shall be entitled to the same rule of credits for good behavior applicable to other prisoners in the same jail or penitentiary. (R. S. § 5544.) See §§ 10531–10533. § 10531. Same—All prisoners who have been, Or shall hereafter be, convicted of any offense against the laws of the United States, and confined, in ex- ecution of the judgment Or sentence upon such ConVic- tion, in any prison or penitentiary of any State Or Territory which has no system of commutation for its own prisoners, shall have a deduction from their Several terms of sentence of five days in each and every calendar month during which no charge of mis- COInduct shall have been Sustained against each Sey- erally, who shall be discharged at the expiration of . his term of sentence less the time so deducted, and a certificate Of the Warden or keeper of such prison penitentiary of such deduction shall be entered on the warrant of Commitment: Provided, That, if during the term of imprisonment the prisoner shall commit any Offense for Which he shall be COInvicted by a jury, all remissions theretofore made shall be thereby annul- led. (March 3, 1875, c. 145, § 1, 18 Stat. 479.) See §§ 10529, 10530, 10532, 10533. § 10532. Same; computation—Each prisoner who has been or shall hereafter be convicted of any Offense against the laws of the United States, and is confined, in execution of the judgment or Sentence upon any such conviction, in any United States peni- tentiary or jail, or in any penitentiary, prison, or jail of any State or Territory, for a definite term, Oth- er than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been Subjected to punishment, Shall be entitled to a deduction from the term of his sentence to be esti- mated as follows, Commencing on the first day of his arrival at the penitentiary, prison, or jail: Upon a sentence of not less than six months nor more than One year, five days for each month ; upon a sentence of more than one year and less than three years, six days for each month ; upon a sentence of not less than three years and less than five years, Seven dayS for each month ; upon a sentence of not less than five years and less than ten years, eight days for each month; upon a sentence of ten years or more, ten days for each month. When a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon Which his deduction shall be estimated. (June 21, 1902, c. 1140, § 1, 32 Stat. 397.) See §§ 10529-10531, 10559. - § 10533. Same; restoration of forfeited com- mutation—In the case of Convicts in any United States penitentiary, the Attorney-General shall have the power to restore to any such convict who has here- tofore or may hereafter forfeit any good time by violating any existing law or prison regulation such portion of lost good time as may be proper, in his judgment, upon recommendations and evidence sub- mitted to him by the Warden in charge. Restoration, in the case of United States Convicts confined in State and Territorial institutions, shall be regulated in ac- COrdance With the rules governing Such institutions, respectively. (June 21, 1902, c. 1140, § 2, 32 Stat. 397.) § 10534. Same; sentences affected by act— This Act shall apply to all Sentences imposed subse- 3: 10535 (Tit. 70 CRIMES ‘I Paige 17301 - Quent to July twenty-first, nineteen hundred and two, and to the sentences imposed prior thereto the com- mutation upon which is less than that provided in this (June 21, 1902, c. 1140, § 3, 32 Stat. 398, amend- A.Ct. ed., April 27, 1906, c. 1997, 34 Stat. 149.) § 10535. Release of prisoners on parole; con- ditions—Every prisoner who has been or may here- after be convicted of any offense against the United States and is confined in execution of the judgment of such conviction in any United States penitentiary. or prison, for a definite term or, terms of over one year, or for the term of his natural life, whose record Of Conduct shows that he has observed the rules. Of such institution, and who, if sentenced for a definite term, has served One-third Of the total Of Such term or terms for which he was sentenced, Or, if sentenced for the term of his natural life, has served not less than fifteen years, may be released on parole as here- inafter provided. (June 25, 1910, c. 387, § 1, 36 Stat. 819, amended, Jan. 23, 1913, c. 9, 37 Stat. 650.) § 10536. Same; boards of parole; meetings— The superintendent of prisons of the Department of Justice, and the warden and physician Of each Unit- ed States penitentiary shall constitute a board of parole for such prison, which shall establish rules , and regulations for its procedure subject to the ap- proval of the Attorney-General. The chief clerk of such prison shall be clerk of said board Of parole, and, meetings shall be held at each prison as often as the regulations of such board shall provide: Provided, That in every case where a prison other than a Unit- ed States penitentiary is used for the confinement of such prisoners it shall be the duty of the Attorney- General to designate the officers of said prison Who, together with the superintendent of prisons shall con- stitute such board for said prison. (June 25, 1910, - c. 387, § 2, 36 Stat. 819.) - § 10537. Same; application for parole—If it shall appear to said board of parole from a report by the proper officers of such prison or upon application by a prisoner for release on parole, that there is a rea- sonable probability that such applicant will live and remain at liberty without violating the laws, and if in the opinion of the board such release is not incom- patible with the welfare of society, then said board of parole may in its discretion authorize the release of such applicant on parole, and he shall be allowed to go on parole outside of said prison, and, in the discretion of the board, to return to his home, upon such terms and conditions, including personal reports from such paroled person, as said board of parole shall prescribe, and to remain, while on parole, in the legal custody and under the control of the warden of such prison from which paroled, and until the expira- Fion of the term or terms specified in his Sentence, less such good time allowance as is or may hereafter be provided for by Act of Congress; and the said board shall, in every parole, fix the limits of the residence of the person paroled, which limits may thereafter be changed in the discretion of the board: Provided, That no release on parole shall become Operative un- til the findings of the board of parole under the terms hereof shall have been approved by the Attorney-Gen- eral of the United States. (June 25, 1910, c. 387, § 3, 36 Stat. 819.) - - - - § 10538. Same; violation of parole; warrant for retaking prisoner—If the warden of the prison or penitentiary from which said prisoner was paroled or said board of parole or any member thereof Shall have reliable information that the prisoner has Vio- lated his parole, then said warden, at any time With- In the term or terms of the prisoner's sentence, may issue his warrant to any officer hereinafter authorized to execute the same, for the retaking Of Such prison- er. (June 25, 1910, c. 387, § 4, 36 Stat. 820.) § 10539. Same; officers authorized to execute warrant; expenses—Any officer of said prison or any federal officer authorized to serve criminal pro- cess within the United States, to whom such warran shall be delivered, is authorized and required to ex- ecute such warrant by taking such prisoner and re- turning him to said prison within the time Specified in said warrant therefor. All necessary expenses in- Curred in the administration of this Act shall be paid out of the appropriation for the prison in connection With which such expense was incurred, and such ap- propriation is hereby made available therefor. (June 25, 1910, c. 387, § 5, 36 Stat. 820.) § 10540. Same; action by board on issue of warrant; revocation of parole—At the next meet- ing of the board of parole held at such prison after the issuing of a warrant for the retaking of any pa- roled prisoner, said board of parole shall be notified thereof, and if said prisoner shall have been returned to Said prison, he shall be given an Opportunity to appear before said board of parole, and the said board may then or at any time in its discretion revoke the Order and terminate such parole or modify the terms and conditions thereof. If Such order of parole shall be revoked and the parole so terminated, the said prisoner shall serve the remainder of the sentence Originally imposed ; and the time the prisoner was out On parole Shall not be taken into account to diminish the time for which he was sentenced. (June 25, 1910, c. 387, § 6, 36 Stat. 820.) * - § 10541. Same; parole officer for each peni- tentiary; supervision of paroled prisoners by marshals—Each board of parole shall appoint a parole officer for the penitentiary over which it has jurisdiction. Subject to the direction and control Of Such board, it shall be the duty of such officer to aid paroled prisoners in securing employment and to Visit and exercise Supervision over them while on parole, and such officer shall have such authority and perform Such Other duties as the board Of parole may direct. The salary of each parole officer shall be fixed by the board of parole, but shall not exceed one thou- Sand five hundred dollars per annum, which, together With his actual and necessary traveling expenses, When approved by such board, shall be paid out of the appropriation for the maintenance of the peni- tentiary to which he is assigned, which appropriation is hereby made available for the purpose. In addi- tion to Such parole Officers the Supervision of paroled prisoners may also be devolved upon the United States marshals when the board Of parole may deem' it nec- essary. (June 25, 1910, c. 387, § 7, 36 Stat. 820.) § 10542. Same; gratuities or transportation. to paroled prisoners—It shall be the duty Of the Warden. Of the prison to furnish to any and all pa- roled prisoners the usual gratuities, Consisting Of Clothing, transportation, and five dollars in money : the transportation furnished shall be to the place to which the paroled prisoner has elected to go, with the approval of the board Of parole. The Warden of the prison who furnishes these gratuities is hereby au- thorized to charge the actual cost Of the same in his accounts against the United States: Provided, how- ever, That when any such paroled prisoner shall have received his final discharge, while he is away from Such prison, he shall be entitled to no further gratui- ties provided for discharged prisoners under existing law. (June 25, 1910, c. 387, § 8, 36 Stat. 820.) § 10543. United States prisoners in State re- formatories; parole under State laws–Whenever any person has been convicted of any offense against the United States which is punishable by imprison- ment, and has been sentenced to imprisonment and is confined therefor, in any reformatory institution of any State in accordance with section fifty-five hun- dred and forty-eight of the Revised Statutes, or oth- er laws of the United States, then if such State has laws for the parole of prisoners committed to Such institutions by the courts of that State, such person convicted of any offense against the United States shall be eligible to parole on the same terms and Con- Ch. 9) 3 10551 CRIMES EPage 1731I ditions and by the same authority and Subject to re- committal for violation of such parole in the same manner, as persons committed to such institutions by the courts of said State, and the laws of Said State re- lating to the parole of prisoners and the Supervision thereof in Such institutions are hereby adopted and made to apply to persons committed to such institu- tions for offenses against the United States. The necessary cost of parole and Supervision of such pris- Oners, to the State where such institution is located shall be paid by the United States out of the appro- priation for the support of prisoners confined in state institutions, which appropriation is hereby made available for the purpose. No such prisoner shall be entitled to go on parole until the Attorney-General shall have approved the Order therefor: Provided, That when a prisoner is committed to such institu- tion Outside of the State where he lives he may be permitted by his parole to return to his home, and in Such Case the supervision of such prisoner on parole shall devolve upon the marshal of the district where Said prisoner lives, and in Case such prisoner should violate his parole a warrant for his recommitment Shall be delivered to and executed by said marshal. (June 25, 1910, c. 387, § 9, 36 Stat. 821.) § 10544. Power of President to grant pardon or cominutation, or good time allowance by act. of Coxºgress—That nothing herein contained shall be Construed to impair the power of the President of the United States to grant a pardon Or Commutation in any case, or in any way impair or revoke such good time allowance as is or may hereafter be provided by § of Congress. (June 25, 1910, c. 387, § 10, 36 Stat. 21.) § 10545. Furnishing clothing and money to discharged prisoners—On the discharge from any prison of any person convicted under the laws of the United States on indictment, he or she shall be pro- vided by the warden or keeper of said prison with one plain suit of clothes and five dollars in money, for which charge shall be made and allowed in the ac- counts of said prison with the United States: Provid- ed, That this section shall not apply to persons sen- tenced for a term ºf imprisonment of less than six months. (March 3, 1875, c. 145, § 2, 18 Stat. 480.) § 10546. Actual reasonable cost of subsistence paid—Hereafter there shall be allowed and paid by the Attorney-General, for the subsistence Of prisoners in the custody of any marshal of the United States and the Warden Of the jail in the District of Columbia, Such sum only as it reasonably and actually cost to Subsist them. And it shall be the duty Of the Attor- ney-General to prescribe such regulations for the government of the marshals and the Warden of the jail in the District Of Columbia, in relation to their duties under this chapter, as Will enable him to de- termine the actual and reasonable expenses incurred. (R. S. § 5545.) { - § 10547. Designation of penitentiary; trans- portationi of prisoners; expenses; change of place of imprisonment—All persons who have been, Or Who may hereafter be, convicted of crime by any Court Of the United States, including consular courts, Whose punishment is imprisonment in a District or Territory or country where, at the time of conviction or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the con- finement Of convicts, or available therefor, shall be COnfined during the term for which they have been or may be sentenced, or during the residue of said term, in SOme Suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney- General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the Imarshal of the District or Territory where the COn Viction has Occurred ; and in Case of convictions by a consular court the transportation shall be by Some properly qualified agent or agents designated by the Department of State, the reasonable actual ex- pense of transportation, necessary subsistence, and hire and transportation of guards and agent Or agents to be defrayed from the appropriation for bringing home Criminals ; and if the conviction be had in the District of Columbia, the transportation and delivery shall be by the warden of the jail of that District, the reasonable actual expense of transportation, necessary Subsistence, and hire and transportation of guards and the marshal, Or the warden. Of the jail in the District of Columbia only, to be paid by the Attorney- General out of the judiciary fund. But if, in the Opinion of the Attorney-General, the expense of trans- portation from any State, Territory, or the District of Columbia in which there is no penitentiary will exceed the COst Of maintaining them in jail in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful. So to confine them therein for the period designated in their respective sentences. And the place of im- prisonment may be changed in any case when, in the opinion of the Attorney-General, it is necessary for the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or be- cause of cruel and improper treatment: Provided, however, That no change shall be made in the case of any prisoner on the ground of the unhealthiness Of the prisoner or because of his treatment, after his conviction and during his term of imprisonment, un- less Such change shall be applied for by such pris- Oner, Or Some One in his behalf. (R. S. § 5546, amend- ed, July 12, 1876, c. 183, 19 Stat. 88, and March 3, | 1901, c. 873, 31 Stat. 1450.) (§ 10548. Contracts for subsistence—The At- torney-General shall contract with the managers or proper authorities having control of such prisoners, for the imprisonment, subsistence, and proper employ- ment of them, and shall give the court having juris- diction of such Offenses notice of the jail or peniten- tiary where such prisoners will be confined. (R. S. § 5547.) * § 10549. Ordering sentences executed in house of correction—Whenever any person is con- victed of any offense against the United States which is punishable by fine and imprisonment, or by ei- ther, the court by which the sentence is passed may Order the sentence to be executed in any house of cor- rection or house of reformation for juvenile delin- quents within the State or district where such court is held, the use of which is authorized by the legis- lature of the State for such purpose. (R. S. § 5548.) § 10550. Confinement of juvenile offenders— Juvenile offenders against the laws of the United States, being under the age of sixteen years, and who may hereafter be convicted of crime, the punishment whereof is imprisonment, shall be confined during the term Of Sentence in SOme house Of refuge to be desig- nated by the Attorney-General, and shall be trans- ported and delivered to the warden or keeper of such house of refuge by the marshal Of the district” where Such conviction has OCCurred ; Or if Such COnviction be had in the District of Columbia, then the transpor. tation and delivery shall be by the warden of the jail of that district, and the reasonable actual expense of the transportation, necessary subsistence, and hire, and transportation of assistants and the marshal or warden, only, shall be paid by the Attorney-General, out of the judiciary fund. (R. S. § 5549.) See Title LIX B. Chapters A and B. § 10551. Same; contracts for subsistence—The Attorney-General shall contract with the managers or persons having control of such houses of refuge for the imprisonment, Subsistence, and proper employ- ment of all such juvenile offenders, and shall give the several Courts of the United States and Of the District of Columbia notice of the places so provided for the confinement of Such offenders; and they shall 3 10552 (Tit. 70 CRIMES IPage 1732] be sentenced to confinement in the house of refuge nearest the place of Conviction so designated by the Attorney-General. (R. S. § 5550.) . § 10552. Location and erection of Government prisons—That the Attorney General and Secretary of the Interior be, and are hereby, authorized and directed to purchase three sites, two of which shall be located as follows: one north, the other south of the thirty-ninth degree of north latitude and east of the Rocky Mountains, the third site to be located west of the Rocky Mountains, and the same to be lo- cated geographically as to be most easy of access to the different portions of the country, and cause to be erected thereon suitable buildings for the confine- ment Of all persons Convicted of any Crime whose term of imprisonment is one year or more at hard labor by any court of the United States in any State, Territory, or District under the jurisdiction of the Department of Justice of the United States, and the plans, specifications, and estimates of such sites and buildings shall be previously made and approved ac- cording to law, and shall not exceed the sum of five hundred thousand dollars each. (March 3, 1891, C. 529, § 1, 26 Stat. 839.) . - - § 10553. Eikiployment of convicts—That the convicts be employed exclusively in the manufacture Of such supplies for the Government as can be manu- factured without the use of machinery, and the pris- oners shall not be worked outside the prison enclo- sure. (March 3, 1891, c. 529, § 2, 26 Stat. 839.) § 10554. Selection of location of prisons—That the Attorney General and the Secretary of the Inte- rior be, and are hereby, authorized to select the State, District, or Territory in which to locate and erect the prisons: Provided, That the consent of the authori- ties of such State, District, or Territory be first Ob- tained. (March 3, 1891, c. 529, § 3, 26 Stat. 839.) § 10555. Prison officers; rules—That the Con- trol and management of said prisons be vested in the Attorney-General, who shall have power to appoint a superintendent, assistant superintendent, Warden, keeper, and all other officers necessary for the Safe- keeping, care, protection, and discipline of Such Unit- ed States prisoners. He shall also have authority to promulgate such rules for the government of the offi- cials of said prisons and prisoners as he may deem proper and necessary. (March 3, 1891, c. 529, § 4, 26 Stat. 839.) - § 10556. Transportation of prisoners; expens- es—That the transportation of all United States pris- oners convicted of crimes against the laws of the United States in any State, District or Territory, and sentenced to terms of imprisonment in a penitentiary, and their delivery to the superintendent, warden, or keeper of such United States prisons, shall be by the marshal Of the District or Territory where such COn- viction may occur, after the erection and completion of said prisons. That the actual expenses of Such marshal, hire, transportation and subsistence of guards, and the transportation and subsistence of the convict Or convicts, be paid, on the approval of the Attorney Gen- eral out of the judiciary fund. (March 3, 1891, c. 529, § 5, 26 Stat. 839.) § 10557. Transportation home of discharged prisoners—Every prisoner when discharged from the jail and prison shall be furnished with transportation to the place of his residence within the United States at the time Of his Commitment under Sentence Of the court, and if the term of his imprisonment shall have been for One year or more, he shall also be furnished with suitable clothing, the cost not to exceed twelve dollars, and five dollars in money. (March 3, 1891, C. 529, § 6.) § 10558. Confinement of juvenile offenders; confinement of prisoners in the United States Military prison—This act shall not apply to minors, who, in the judgment of the judges presiding over including transportation and Subsistence, United States courts, should be committed to reform- atory institutions. And provided, That nothing in this act shall be construed as prohibiting the courts of the United States from sentencing to or confining pris- oners, either civil or military, in the United States Imilitary prison at Fort Leavenworth, Kansas. (March. 3, 1891, c. 529, § 7, 26 Stat. 840.) - § 10559. Deductions from term for good con- duct—The said Attorney General, in formulating rules and regulations for the Conduct of said prisons, is hereby authorized to establish rules for commutation. for good behavior of said convicts, but not for a longer time than two months for the first year's im- prisonment, and two months for each succeeding year. (March 3, 1891, c. 529, § 8, 26 Stat. 840.) & § 10560. Designation of penitentiary; sepa- ration of youthful prisoners—The Attorney-General shall be authorized to designate to which of said pris- Ons persons convicted in Such States Or Territories shall be carried for confinement: Provided, That in the construction of the prison buildings provided for in this act there shall be such arrangement of cells and yard space as that prisoners under twenty years of age shall not be in any way associated with pris- Oners above that age, and the management Of the Class under twenty years of age shall be as far as pos- sible reformatory. (March 3, 1891, c. 529, § 9, 26 Stat. 840.) § 10561. Military Prison at Fort Heaven- worth, Kan., changed to United States Pezzitera- tiary, and transferred to Department of Justice —The Military Prison at Fort Leavenworth, Kansas, including all the buildings, grounds, and Other prop- erty connected therewith, is hereby transferred from the Department of War to the Department of Jus- tice, to be known as the United States Penitentiary, and to be used for the confinement of persons con- Victed in the United States Courts Of Crimes against the United States and sentenced to imprisonment in a penitentiary, or convicted by courts-martial of of fenses now punishable by confinement in a peniten- tiary and sentenced to terms of imprisonment of more than one year; and the ºttorney-General is hereby directed to transfer to the said United States Penitentiary such persons now undergoing sentences Of confinement, imposed by the United States COUrts, in State prisons and penitentiaries, as Can be COn- veniently accommodated at the same penitentiary: Provided, That the said United States Penitentiary shall be carried on in accordance with the provisions of sections four, five, six, seven, eight, and nine of the Act approved March third, eighteen hundred and ninety-one: Provided further, That the Secretary of War is hereby authorized, upon the request of the Attorney-General, to detail an officer of the Army to act temporarily as warden of the said penitentiary, and to continue the military guard on duty thereat for such length of time, not exceeding ninety days, after the close of the current fiscal year, as may be deemed necessary to enable the prisoners and prop- erty to be transferred to the care and custody of the officers designated by the Attorney-General to receive and care for the same: And provided further, That convicts in Said United States Penitentiary Shall be employed only in the manufacture of articles and the production of supplies for said penitentiary, and in the manufacture of supplies for the Government, and Said convict shall not be worked Outside Of Fort Leavenworth Military Reservation. * * Provided, That for the fiscal year eighteen hundred and ninety- seven, and annually thereafter, the Attorney-General shall submit estimates in detail for all expenses Of maintaining said penitentiary, including salaries Of all necessary officers and employees therefor. (March 2, 1895, c. 189, § 1, 28 Stat. 957.) § 10562. Selection of site for penitentiary on Fort Leavenworth IMilitary Reservation; return of military prison to War Department—The At- Tit. 72) & 10564 G-UANO ISLANDS [Page 1733] torney-General is hereby authorized and directed to select on the military reservation at Leavenworth, Kansas, within limits hereinafter described, a site for the erection of a penitentiary and Other buildings, wall, and workshops for the employment of United States prisoners, with such improvements as he may direct in connection with the completion of the sev- eral buildings; Said penitentiary to be of a capacity to accommodate at least one thousand two hundred Convicts, and to be situated on said grounds and within the following boundary lines: Beginning at a point at the northwestern interSection of Grant and Logan avenues, thence north seventy-two degrees west more or less, forty-five hundred feet more or less to a Stone in the field north. Of the GOVernment farm barn, thence due west fifteen hundred feet Imore Or less to the north side of Logan Avenue; thence along said avenue and its prolongation to the Western boundary of the Military Reservation ; thence South along said line to the southwest corner of said reservation, thence east along the south line of said reservation to the pike leading north from the city of Leavenworth to the post of Fort Leaven- worth; thence north along said pike to the point of beginning; and that these grounds thus described shall be, and hereby are, set apart from the Contig- uous military reservation for United States peniten- tiary purposes, and assigned to and placed under the care and control of the Attorney-General as a Unit- ed States penitentiary reservation: Provided, That when the United States Penitentiary shall be Occu- pied and applied to the purposes Contemplated by this Act, the buildings and grounds within the said Mil- itary Reservation of Fort. Leavenworth that were transferred from the Department of War to the De- partment of Justice, in accordance with the provi- sions of the Act of Congress approved March second, eighteen hundred and ninety-five, shall be restored to the COIntrol Of the said Department Of War: And provided further, That this prison reservation shall be Open for military tactical purposes, when such pur- pOSes do not interfere with the discipline of said prison. (June 10, 1896, c. 400, § 1, 29 Stat. 380.) § 10563. Management of United States peni- tentiary at Atlanta, Ga.; transfer of prisoners; limit of employment—The United States peniten- tiary at Atlanta, Georgia, shall be carried on in ac- Cordance with sections four, five, eight, and nine of the Act approved March third, eighteen hundred and ninety-One, entitled “An Act for the erection of Unit- ed States prisons and for the imprisonment of United States prisoners, and for other purposes:” Provided further, That the Attorney-General is authorized to transfer, in his discretion, to said United States pen- itentiary at Atlanta, Georgia, Such persons now un- dergoing sentences of confinement, imposed by the United States COUrts, in Other institutions, as can COnveniently be accommodated therein: Provided further, That convicts in Said United States peniten- tiary at Atlanta, Georgia, may be employed in the manufacture of articles and the production of Sup- plies for said penitentiary ; in the manufacture Of supplies for the Government that can be manufac- tured without the use of machihery; in the construc- tion, extension, and repairs of buildings and inclo- sures of the prison, and in making necessary materiais therefor; and in the cultivation and care of the pris- On grounds and farm. (March 3, 1901, c. 853, § 1, 31 Stat. 1185.) § 10564. Federal jail at Fort Smith, Ark., made national prison; prisoners admitted—The Federal jail at the city of Fort Smith, Arkansas, in addition to the purposes for which it is now used, is hereby declared to be a national prison, * * And said jail may also be used for the Care and Confine- ment of United States prisoners in the Texarkana di- vision of the Western district of Arkansas. (May 17, 1898, c. 340, 30 Stat. 417.) - TITLE LXXI-THE SLAVE TRADE (R. S. . §§ 5551–5569. lete.) This Title of the Revised Statutes included sections, 5551- 5569, thereof. The provisions contained in those sections, except sections 5562, 5565, 5566, 5568, 5569, were incorporated into the Criminal Code, in chapter 10 thereof (§§ 10419– 10444), and were repealed by section 341 thereof (§. 10515). R. S. §§ 5562, 5565, 5566, providing for a bounty distribu- Repealed or obso- tion of forfeitures incurred, and contracts for reception in Africa, of persons delivered from seized vessels, were not included among the sections repealed by said section 341, ante, $ 10515, but their provisions were not carried into said Code, apparently because obsolete. R. S. §§ 5568, 5569, providing for contracts for reception in West Indies of persons delivered from seized vessels, were not incorporated in or repealed by said Criminal Code, apparently because obsolete. : TITLE LXXII—GUANO ISLANDs (R. S. §§ 5570–5578. Transferred.) This Title of the Revised Statutes included sections 5570- 5578 thereof. Those sections are placed, with provisions relating to other insular possessions, ante, under Title XXIII, “The Territories and Insular Possessions,” as chapter 3 E of that Title, “Guano Islands,” $$ 3916–3924. 3. TITLE LXXIII—THE SMIT HsONIAN INSTITUTION Sec. 10565. Incorporation of institution. 10566. Regents. - - - - 10567 Same; appointment. 10568. Same ; organization. 10569. Acting Secretary. 10570. Duties of Secretary. 10571. Statement of expenditures. - . . 10572. Report of director of National Museum. 10573. Salary and removal of Secretary. 10574. Special meetings of members. 10575. Reception and arrangement of specimens and objects of art. . . . 10576. Collections of Coast and Interior Survey, and Geologi- . . . Cal Survey. . . . . . 10577. Archives relating to Indians, collected by Geographical . . and Geological Survey. . . 10577a. Instruments of Coast and Geodetic Survey; transfer - authorized. - 10578. Distribution of specimens to colleges. 10579. Library. - 10580. Evidence of title to site and buildings. 10581. Protection of property. 10582. Appropriation of interest. 10583. Acceptance of other sums. 10584. Disposal of unappropriated money. . . 10585. Disbursements. , . 10585a. Exchange of typewriters and adding machines, 10586. Annual report of salaries. . 10587. Right of repeal. - * 10588. National Zoological Park; administration by regents of Smithsonian. Institution. - 10589. Same; aid in acquisition of collections. 10590. Same; report of expenses. 10591. Same; plans for buildings and bridges. § 10565. Incorporation of institutioxa—The President, the Vice-President, the Chief Justice, and the heads of Executive Departments are hereby Con- stituted an establishment by the name of the Smith- sonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the pow- ers, limitations, and restrictions hereinafter contain- ed, and no other. (R. S. § 5579, amended, Feb. 27, 1877, c. 69, 19 Stat. 253, and March 12, 1894, c. 36, 28 Stat. 41.) - See § 3115i. - - § 10566. Regents--The business of the institu- tion shall be conducted at the city of Washington by a Roard of Regents, named the Regents of the Smith- Sonian Institution, to be composed of the Vice-Pres- ident, the Chief Justice of the United States, and three members of the Senate and three members of the House of Representatives; together with six oth- er persons, other than members of Congress, two of whom shall be resident in the city of Washington ; and the other four shall be inhabitants of some State, but no two of them of the same State. (R. S. § 5580, amended, March 12, 1894, c. 36, 28 Stat. 41.) § 10567. Same; appointment—The regents to be selected shall be appointed as follows: The members Of the Senate by the President thereof; the members of the House by the Speaker thereof; and the six other persons by joint resolution of the Senate and House of Representatives. The members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, in the second year succeeding their ap- pointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, oc- casioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The reg- ular term of service for the other six members shall be Six years : and new elections thereof shall, be made by joint resolutions of Congress. Vacancies oc- casioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress. (R. S. § 5581.) § 10568. Same; organization—The regents sha}} meet in the City of Washington and elect One of their number as chancellor, who shall be the presiding of- ficer of the Board of Regents, and called the chan- cellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an execu- tive committee, and the regents shall fix on the time for the regular meetings of the board; and, On ap- plication of any three of the regents to the Secre- tary of the institution, it shall be his duty to ap- point a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, five shall Constitute a quorum to do business. Each mem- ber of the board shall be paid his necessary travel- ing and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous. (R. S. § 5582.) - § 10569. Acting Secretary—The Chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary there- of, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said Chancellor may change such designation and appoint- ment from time to time as the interests Of the Insti- tution may in his judgment require. (May 13, 1884, c. 44, 23 Stat. 21.) ... • - § 10570. Duties of Secretary—The Secretary of the Board of Regents shall take charge of the building and property of the institution, and shall, under their direction, make a fair and accurate rec- ord of all their proceedings, to be preserved in the institution ; and shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the Board of Regents, employ assistants. (R. S. § 55S3.) • . § 10571. Statement of expenditures—The Sec- retary of the Smithsonian Institution shall submit to Congress at its next session a detailed statement of the expenditures of the fiscal year eighteen hundred and eighty-eight, under appropriations for “Interna- tional Exchanges,” “North American Ethnology,” and the “National Museum,” and annually thereafter a detailed statement of expenditures under said appro- priations shall be submitted to Congress at the begin- ning of each regulat session thereof. (Oct. 2, 1888, c. 1069, § 1, 25 Stat. 529.) § 10572. Report of director of National Mū- seum—The Director of the National Museum is here- by directed to report annually to Congress the prog- ress of the museum during the year and its present condition. (July 7, 1884, c. 332, § 1.) § 10573. Salary and removal of Secretary-- The Secretary and his assistants shall, respectively, receive for their Services such sum as may be allowed by the Board of Regents, to be paid semi-annually on the first day of January and July ; and shall be re- movable by the Board of Regents whenever, in their judgment, the interests of the institution require such removal. (R. S. § 5584.) § 10574. Special meetings of members—The members and honorary members of the institution may hold stated and special meetings, for the super- Vision Of the affairs Of the institution and the advice and instruction of the Board of Regents, to be called in the manner provided for in the by-laws of the institution, at which the President, and in his ab- [Page 1734] Tit. 73) 3 10587 THE SMITHSONIAN INSTITUTION [Page 1735.] sence the Vice-President, shall preside. (R. S. § 5585.) - § 10575. Reception and arrangement of spec- imens and objects of art—Whenever suitable ar- rangements can be made from time to time for their reception, all objects of art and of foreign and Curious research, and all objects of natural history, IJlants, and geological and mineralogical Specimens belong- ing to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be author- ized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the ex- amination and study of them ; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the regentS may in their discretion make, or by donation, which they may receive, or otherwise, the regents shall cause such new specimens to be appropriately Classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the Institution. (R. S. § 5586.) § 10576. Collections of Goast and Interior Survey, and Geologieal Survey—All collections of rocks, minerals, soils, fossils, and objects of natural history, archaeology, and ethnology, made by the Coast and Interior Survey, the Geological Survey, or by any other parties for the Government of the United States, when no longer needed for investigations in progress shall be, deposited in the National Museum. (March 3, 1879, c. 182, § 1, 20 Stat. 394.) * § 10577. Archives relating to Indians, col- lected by Geographical and Geological Survey— All the archives, records and materials relating to the Indians of North America, collected by the Geo- graphical and Geological Survey of the Rocky Moun- tain Region, shall be turned over to the Smithsonian Institution, that the work may be completed and prepared for publication under its direction; Pro- vided That it shall meet the approval of the Secre- tary of the Interior and of the Secretary of the Smithsonian Institution. (March 3, 1879, c. 182, § 1, 20 Stat. 397.) - § 10577 a. Instruments of Coast and Geodetic Survey; transfer authorized—The Secretary of Commerce is authorized to transfer to the Smith- SOnian Institution such instruments of the Coast and Geodetic Survey as in his judgment are of historic value but of no further use in the survey’s work. (Aug. 1, 1914, c. 223, § 1, 38 Stat. 661.) § 10578. Distribution of specimens to coi- leges—The distribution of duplicate specimens of the National Museum and Fish Commission may be made to Colleges, academies, and other institutions of learn- ing upon the payment by the recipients of the cost of preparation for transportation and the transportation thereof. (March 3, 1883, c. 143, § 1, 22 Stat. 629) § 10579. Library—The regents shall make, from the interest of the fund, an appropriation, not ex- Ceeding an average of twenty-five thousand dollars annually, for the gradual formation of a library com- posed of valuable works pertaining to all departments of human knowledge. (R. S. § 5587.) - See §§ 139, 152, 153. - § 10580. Evidence of title to site and build- ings—The site and lands selected for buildings for the . Smithsonian Institution shall be deemed appro- priated to the institution, and the record of the de- Scription of such site and lands, or a copy thereof, certified by the chancellor and Secretary of the Board of Regents, Shall be received as evidence in all courts of the extent and boundaries of the lands appropriat- ed to the institution. (R. S. § 55SS.) § 10581. Protection of property—All laws for the protection of public property in the city of Wash- ington shall apply to, and be in force for, the pro- tection of the lands, buildings, and other property Of the Smithsonian Institution. All moneys recovered by or accruing to, the institution shall be paid into the Treasury of the United States, to the credit of the Smithsonian bequest, and separately accounted for. (R. S. § 5589.) * , , § 10582. Appropriation of interest—So much of the property of James Smithson as has been receiv- ed in money, and paid into the Treasury Of the United States, being the sum of five hundred and forty-one thousand three hundred and Seventy-nine dollars and sixty-three cents, shall be lent to the United States Treasury, at Six per Centum per annum interest ; and six per centum interest on the trust-fund and resid- uary legacy received into the United States Treas- ury, payable in half-yearly payments, on the first of January and July in each year, is hereby appropriated for the perpetual maintenance and support Of the Smithsonian Institution ; and all expenditures and ap- propriations to be made, from time to time, to the purposes of the institution shall be exclusively front the accruing interest, and not from the principal of the fund. All the moneys and stocks which have been, or may hereafter be, received into the Treasury of the United States, on account of the fund bequeathed by James Smithson, are hereby pledged to refund to the Treasury of the United States the sums hereby appro- priated. (R. S. § 5590.) . . . . § 10583. Acceptance of other sums—The Sec- retary of the Treasury is authorized and directed to receive into the Treasury, on the same terms as the Original bequest of James Smithson, such sums as the regents may, from time to time, see fit to deposit, not exceeding, with the original bequest, the sum of one million dollars. Provided, That this shall not operate as a limitation on the power of the Smith- Sonian Institution to receive money or other property by gift, bequest, or devise, and to hold and dispose of the same in promotion of the purposes thereof. (R. S. § 5591, amended, March 12, 1894, c. 36, 28 Stat. § 10584. Disposal of unappropriated money- The regents are authorized to make such disposal of any other moneys which have accrued, or shall here- after accrue, as interest upon the Smithsonian fund, not herein appropriated, or not required for the pur- poses herein provided, as they shall deem best suited for the promotion of the purpose of the testator. (R. S. § 5592.) - - § 10585. Disbursements—Whenever money is re- Quired for the payment of the debts or performance Of the Contracts of the institution, incurred or enter- ed into in, conformity with the provisions of this Title, or for making the purchases and executing the objects authorized by this Title, the Board of Re- gents, or the executive committee thereof, may cer- tify to the chancellor and Secretary of the board that Such Sum of money is required, whereupon they Shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer Of the Treasury for payment. The board shall submit to Congress, at each session thereof, a report of the Operations, expenditures, and condition of the in- stitution. (R. S. § 5593.) - § 10585a. Exchange of typewriters and add- ing machines—Hereafter the Government branches under the direction Of the Smithsonian Institution Imay exchange typewriters, adding machines, and oth- er labor-Saving devices in part payment for like ar- ticles. (March 3, 1915, c. 75, § 1, 38 Stat. 839.) - § 10586. Ararauai report of salaries—For the fiscal year nineteen hundred and one, and annually thereafter, a report in detail, shall be made to Con- gress of the salaries of all officers and employees paid from appropriations under the Smithsonian Institu- tion. (March 3, 1899, c. 424, § 1, 30 Stat. 1085.) § 10587. Right of repeal—Congress may alter, amend, add to, or repeal any of the provisions of 3 10588 (Tit. 73 THE SMITHSONIAN INSTITUTION IIPage 1736] this Title; but no contract or individual right made or acquired under such provisions shall be thereby divested or impaired. (R. S. § 5594.) - § 10588. National Zoological Park; adminis- tration by regents of Smithsonian Institution— The National Zoological Park is hereby placed under the direction of the regents of the Smithsonian In- stitution, who are authorized to transfer to it any living specimens, whether of animals or plants, now Or hereafter in their charge, to accept gifts for the park at their discretion, in the name of the United States, to make exchanges of specimens, and to ad- minister the Said Zoological Park for the advance- ment of science and the instruction and recreation of the people. (April 30, 1890, c. 173, § 2, 26 Stat. 78.) § 10589. Same; aid in acquisition of collec- tions—The heads of executive departments of the GOVernment are hereby authorized and directed to for the Zoological Park. cause to be rendered all necessary and practicable aid to the said regents in the acquisition of collections (April 30, 1890, c. 173, § 3, 26 Stat. 78.) - § 10590. Same; report of expenses—Eſereafter a report in detail of the expenses on account of the National Zoological Park shall be made to CongreSS at the beginning of each regular session. (Aug. 18, 1894, c. 301, § 1, 28 Stat. 384.) § 10591. Same; plans for buildings and bridg- es—Hereafter all plans and specifications for the construction of buildings in the National Zoological Park shall be prepared under the supervision of the municipal architect of the District of Columbia, and all plans and specifications for bridges in said park shall be prepared under the Supervision of the engi- neer of bridges of the District of Columbia. (Aug. 24, 1912, c. 355, § 1, 37 Stat. 437.) TITLE LXXIV—REPEAL PROVISIONS . What Revised Statutes embrace. . Repeal of acts embraced in revision. . Accrued rights reserved. . Prosecutions and punishments. . Acts of limitation. - . Arrangement and classification of sections. . Acts passed since December 1, 1873, not affected. § 10592. What Revised Statutes embrace— The foregoing seventy-three titles embrace the stat- utes of the United States General and permanent in their nature, in force on the 1st day of December One thousand eight hundred and seventy-three, as revised any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. (R. S. § 5597.) § 10595. Prosecutions and punishments—All offenses committed, and all penalties or forfeitures in- curred under any statute embraced in said revision prior to said repeal, may be prosecuted and punished in the same manner and with the same effect, as if said repeal had not been made. (R. S. § 5598.) and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United * States. (R. S. § 5595.) - • § 10593. Repeal of acts embraced in revision *—All acts of Congress passed prior to said first day of December one thousand eight hundred and seventy- § 10596. Acts of limitation—All acts of limita- tion, whether applicable to civil causes and proceed- ings, or to the prosecution of Offenses, or for the re- covery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be af- fected thereby, but all suits, proceedings or prosecul- tions, whether civil or criminal, for causes arising, or three, any portion of which is embraced in any Sec- tion of said revision, are hereby repealed, and the sec- tion applicable thereto shall be in force in lieu there- of; all parts of such acts not contained in such re- vision, having been repealed or superseded by sub- sequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-nam- ed day no part of which are embraced in said revision, shall not be affected or changed by its enactment. (R. S. § 5596.) . § 10594. Accrued rights reserved—The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing Or a C- crued, or any suit or proceeding had or commenced in acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. (R. S. § 5599.) § 10597. Arrangement and classification of sections—The arrangement and classification of the several sections of the revision have been made for the purpose of a more convenient and Orderly ar- rangement of the same, and therefore no inference or presumption of a legislative Construction is to be drawn by reason. Of the Title, under which any par- ticular section is placed. (R. S. § 5600.) ... - § 10598. Acts passed since Dec. 1, 1873, not affected—The enactment Of the Said revision is not to affect or repeal any act of Congress passed since the 1st day of December one thousand eight hundred and seventy-three, and all acts passed since that date are to have full effect as if passed after the enact- ment of this revision, and so far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsequent stat- utes, and as repealing any portion of the revision in- consistent there with... (R. S. § 5601.) . APPENDIX Includes Acts of Congress enacted since June 14, 1918, to and including July 16, 1918. TITLE II—THE CONGRESS Chapter Five—Officers and Persons in the Employ of the Senate and House of Representatives § 73. Janitors to committees of House—Janitors under the foregoing shall be appointed by the chair- men, respectively, of Said Committees, and shall per- form under the direction of the Doorkeeper all of the duties heretofore required of messengers detailed to Said Committees by the Doorkeeper, and shall be sub- ject to removal by the Doorkeeper at any time after the termination of the Congress during which they Were appointed. (July 3, 1918, c. 130, § 1, 40 Stat.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in the annual legislative, ex- ecutive, and judicial appropriation acts. Chapter Six—The Library of Congress § 134a. The legislative, executive, and judicial appropriation act for the fiscal year 1919, Act July 3, 1918, c. 130, § 1, 40 Stat., increases the salary of the Superintendent of the Library building and grounds to $3,600 per year. TITLE IV—PROVISIONS APPLICA- BLE TO ALL THE EXECUTIVE DEPARTMENTS § 252a. Details of persons in classified serve- ice at Washington for service outside Dis- trict—In expending appropriations made in this Act persons in the classified service at Washington, Dis- trict of Columbia, shall not be detailed for Service outside of the District of Columbia except for or in COnnection with work pertaining directly to the Serv- ice at the seat of government of the department or Other Government establishment from which the de- tail is made: Provided, That nothing in this section shall be deemed to apply to the investigation of any matter or the preparation, prosecution, or defense of any suit by the Department of Justice. (July 3, 1918, c. 130, § 5, 40 Stat.) - This was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. The appropriations referred to are those made for Officers, etc., in the legislative, executive, and judicial departments. The provision has been repeated in prior legislative, executive, and judicial appropriation acts. TITLE V: THE DEPARTMENT OF STATE § 297. Salaries of Secretary, Assistant Sec- retaries—For Secretary of State, $12,000; Assistant Secretary, $5,000; Second and Third Assistant Sec- retaries, at $4,500 each ; director of the consular Serv- ice. $4,500; counselor for the department, to be ap- pointed by the President, by and with the advice and consent of the Senate, $7,500; officers to aid in im- portant drafting work—four at $4,500 each, four at COMP.S.T.’18 $3,000 each, to be appointed by the Secretary, any One of Whom may be employed as Chief of division. Of ſar eastern, Latin America, near eastern, or European affairs, or upon other work in Connection with foreign relations; three assistant Solicitors of the department, to be appointed by the Secretary, at $3,000 each; chief clerk, who shall sign such official papers and documents as the Secretary may direct, $3,000; law clerk, $2,500; law clerk, and assistant, to be select- ed and appointed by the Secretary to edit the laws of Congress and perform such other duties as may be required of them, at $2,500 and $1,500, respective- ly; chiefs of bureaus—two at $2,250 each, five at $2,100 each ; two translators, at $2,100 each ; addi- tional to Chief of Bureau of ACCOUnts as disbursing clerk, $200; private secretary to the Secretary, $2,- 500; clerk to the Secretary, $1,800. * * For the following additional force: Officer to aid in important drafting work, $2,500; assistant Solici- tor, $2,500; two law clerks, at $2,000 each. * * For the following further additional force: Of- ficers to aid in important drafting Work—one $4,500, One $2,500, to be appointed by the Secretary; assist- ant Soiicitor of the department, to be appointed by the Secretary, $2,500; law clerks—two at $2,250 each, one $2,000, to be appointed by the Secretary. * * (July 3, 1918, c. 130, § 1, 40 Stat.) This was a provision of the legislative, executive, and fººl appropriation act for the fiscal year 1919, cited 3,100 W e. TITLE VI—THE DEPARTMENT OF WAR Chapter A–The Department and the Secretary of War § 317. Assignment of clerks and employés to duty in War Department—No Clerk, messenger, Or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty in any bureau of the War Department. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited abgye. It has been repeated in prior appropriation acts. TITLE VII—THE DEPARTMENT OF THE TREASURY Chapter One—The Department § 352. For current appropriations for officers and employés of the Treasury Department, differing somewhat from the provir sions of this section, see Act July 3, 1918, c. 130, § 1, 40 Stat. e § 353. Chief clerk to be chief executive of ficer of Department—Office of Chief Clerk and Su- perintendent: Chief clerk, including $300, as superin: tendent of Treasury Building, who shall be the chief executive officer of the department and Who may be IPage 17371 APPENDIX [Page 1738.I - ever it appears to the Secretary that the owners, op- erators, Or Charterers of such vessels are unable, in designated by the Secretary of the Treasury to sign official papers and documents during the temporary absence Of the Secretary and the Assistant Secretaries Of the department, $4,000. (July 3, 1918, c. 130, § 1, 40 Stat.) This was a provision of the legislative, executive, and . judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 378a. Enforcement of laws relating to Treas- tury Department; employment of persons paid from certain appropriations for—The Secretary of the Treasury is authorized, to use for, and in con- nection with, the enforcement Of the laws relating to the Treasury Department and the several branches of the public service under its control, not exceeding at any one time four persons paid from the appropria- tion for the collection of customs, four persons paid from the appropriation for salaries and expenses of internal-revenue agents or from the appropriation for the foregoing purpose, and four persons paid from the appropriation for suppressing counterfeiting and Other Crimes, but not exceeding six persons so des tailed shall be employed at any one time hereunder: Provided, That nothing herein contained shall be con- strued to deprive the Secretary of the Treasury from making any detail now otherwise authorized by ex- isting law. (July 1, 1918, c. 113, § 1, 40. Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. Chapter Three—The Comptroller $ 414a. Chief clerk; countersigning warrants —The Chief Clerk in the office of Comptroller of the Treasury hereafter shall have the power, in the name of the Comptroller, to countersign all classes of war- rants. (July 3, 1918, c. 130, § 1, 40 Stat.) - . This was a provision of the legislative, executive, and fººl appropriation act for the fiscal year 1919, cited Chapter Eleven B—The Bureau of War Risk Insurance ARTICLE I § 514 b%. . Insurance of vessels of foreign friendly flags, masters, officers and crews there- of, and freight thereon—When it appears to the Secretary of the Treasury that vessels of foreign friendly flags, or their masters, officers, or crews, or shippers or importers in such vessels, are unable in any trade to secure adequate war-risk insurance on reasonable terms, the Bureau of War Risk Insurance, with the approval of the Secretary, is hereby au- thorized to make provisions for the insurance by the United States of (1) such vessels of foreign friendly flags, their freight and passage moneys, and person- al effects of the masters, officers, and crews thereof against the risks Of War. When such vessels are char- tered or Operated by the United States Shipping Board or its agent, or chartered by any person a citi- Zen of the United States, and (2) the cargoes to be Shipped in such vessels of foreign friendly flags, whether or not they are so chartered. Such insur- ance on the vessel, however, is authorized only when the United States Shipping Board or its agent oper- ates the vessel or the charterers are, by the terms of the charter party or contract with the vessel owners, required to assume the war risk or provide insurance protecting the vessel owners against war risk during the term of the Charter or hire of the vessel. The Bureau of War Risk Insurance, with the ap- proval of the Secretary of the Treasury, is also here- by authorized to insure the masters, officers, and crews of vessels operated or chartered as aforesaid against the loss of life or personal injury by the risk of war and for compensation during the detention follow- ing capture by enemies of the United States, when- such suspension. - any trade, to Secure such insurance on reasonable terms. (Sept. 2, 1914, c. 293, § 2b, added, July 11, 1918, c. 145, § 1, 40 Stat.) - § 514e. Advisory Board; adjusters—The Secre- tary of the Treasury is authorized to establish an ad- Visory board, to consist of three members skilled in the practices of war-risk insurance, for the purpose Of assisting the Bureau of War Risk Insurance in fixing rates of premium and in adjustment of claims for losses, and generally in Carrying Out the purpos- es of this Act; the compensation of the members of said board to be determined by the Secretary of the Treasury, but not to exceed $20 a day each while actually employed. He is likewise authorized to appoint two persons skilled in the practice of a C- Cident insurance for the purpose of assisting the Bur- eau of War Risk Insurance in the adjustment of claims for death, personal injury, or detention; the Compensation of persons so appointed to be deter- mined by the Secretary of the Treasury, but not to exceed $20 a day each while actually employed. In the event of disagreement as to the claim for losses, or amount thereof, between the said bureau and the parties to such contract of insurance, an action. On the claim may be brought against the United States in the district Court of the United States, sitting in admiralty, in the district in . which the claimant or his agents may reside. The Secretary of the Treas- ury is, in his judgment, authorized to comprómise the claim either before Or after the institution of an a C- tion therein. (Sept. 2, 1914, c. 293, § 5, 38 Stat. 711, amended, June 12, 1917, c. 26, § 7, 40 Stat. 104, and July 11, 1918, c. 145, § 2, 40 Stat.) § 514i. Suspension of operation of act—The President is authorized whenever in his judgment the necessity of further war insurance by the United States shall have ceased to exist to Suspend the Opera- tion of this Act, in so far as the Division of Marine and Seamen’s Insurance is COncerned, Which SuSpen- Sion shall be made in any event within six months after the end of the war, but shall not affect any in- surance outstanding at the time Or any claims pend- ing adjustment. For the purpose of the final adjust- ment of any such outstanding insurance Or Claims, the Division of Marine and Seamen's Insurance may, in the discretion of the President, be continued in ex- istence for a period not exceeding three years after The words “end of the war” as used herein shall be deemed to mean the date of proclamation of ex- change of ratification of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the “end of the War” within the mean- ing of this Act. (Sept. 2, 1914, c. 293, § 9, 38 Stat. 712, amended, June 12, 1917, c. 26, § 11, 40 Stat. 105, and July 11, 1918, c. 145, § 3, 40 Stat.) - § 514mm.m. Evidence of marriage of claim- ants; definitions—For the purpose of this amenda- tory. Act the marriage of the claimant to the person on account of whom the claim is made shall be ShOWn— - (1) By a duly - verified copy of a public or church record; Or - gº - (2) By the affidavit of the clergyman or magis- trate who Officiated; Or - (3) By the testimony of two or more eyewitnesses to the Ceremony; Or - . (4) By a duly verified copy of the church record of baptism of the children; or . (5) By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and were recognized as such, and who shall state how long, within their knowledge, such relation continued: Provided, That marriages, except such as APPENDIX [Page 17391 are mentioned in section forty-seven hundred and five of the Revised Statutes, shall be proven in compen- sation Or insurance Cases to be legal marriages a C- cording to the law of the place where the parties re- sided at the time of marriage or at the time when the right to COmpensation or insurance accrued ; and the Open and notorious illicit cohabitation of a widow who is a claimant shall Operate to terminate her right to Compensation Or insurance from the COImmence- ment Of Such Cohabitation: Provided further, That for the purpose of the administration. Of Article II Of this Act marriage shall be conclusively presumed, in the absence of proof, that there is a legal spouse living, if the man and WOlman have lived together in the Openly acknowledged relation of husband and Wife during the two years immediately preceding the date of the declaration of war, or the date of enlistment or of entrance into or employment in active service in the military or naval forces of the United States if subsequent to such declaration. In Articles II, III, and IV of this Act unless the COntext. Otherwise requires— - (1) The term “child” includes— (a) A legitimate child. (b) A child legally adopted more than six months before the enactment of this amendatory Act or be- fore enlistment or entrance into or employment in active service in the military or naval forces of the United States, whichever of these dates is the later. (c) A stepchild, if a member of the man’s household. (d) An illegitimate child, but, as to the father, only, if acknowledged by instrument in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, and if such child, if born after December thirty-first, nineteen hundred and seventeen, Shall have been born in the United States, or in its insular possessions. (2) The term “grandchild” means a child as above defillcd of a Child as above defined. (3) Except as used in section four hundred and one in Section four hundred and two the terms “Child” and “grandchild” are limited to unmarried persons Gither (a) under eighteen years of age, Or (b) of any age, if insane, idiotic, or otherwise permanently help- JeSS. (4) The term “parent” includes a father, mother, grandfather, grandmother, father through adoption, mother through adoption, Stepfather, and stepmother, either of the person in the service or Óf the spouse. (5) The terms “brother” and “sister” include broth- ers and sisters of the half blood as well as those of the whole blood, stepbrothers and Stepsisters, and brothers and Sisters through adoption. - (6) The term “commissioned officer” includes a warrant officer, but includes only an officer in active Service in the military or naval forces Of the United States. (7) The terms “man” and “enlisted man” mean a person, whether male or female, and whether enlisted, enrolled, or drafted into active service in the mili- tary or naval forces of the United States, and in- clude noncommissioned and petty Officers, and mem- bers of training camps authorized by law. (8) The term “enlistment” includes voluntary en- listment, draft, and enrollment in active service in the military or naval forces of the United States. (9) The term “Commissioner” means the Commis- Sioner of Military and Naval Insurance. (10) The term “injury” includes disease. (11) The term “pay” means the pay for service in the United States according to grade and length of Service, excluding all allowances. (12) The term “military or naval forces” means the Army, the Navy, the Marine Corps, the Coast Guard, the Naval Reserves, the National Naval Vol- unteers, and any other branch of the United States service while serving pursuant to law with the Army or the Navy. (Sept. 2, 1914, c. 293, § 22, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 400, and amended June 25, 1918, c. 104, § 1, 40 Stat.) The amendment of this section consists in the changes in the second subdivision, paragraph (4), of the Section, as set forth above. Said paragraph originally read as fol- lows: “The term ‘parent’ includes a father, mother, grand- father, grandmother, stepfather, and stepmother, either of the person in the service or of the spouse.” 5 %. Fraudulent obtaining or receiv- ing of payments—Whoever shall obtain or receive any money, check, allotment, family allowance, COIn- pensation, or insurance under Articles II, III, Or IV of this Act, without being entitled thereto, with intent to defraud the United States or any person in the military or naval forces of the United States, Shall be punished by a fine of not more than $2,000, Or by imprisonment for not more than one year, or both. (Sept. 2, 1914, c. 293, § 27, added, June 25, 1918, C. 104, § 2, 40 Stat.) § 51.411man;4. Allotments, allowances, compen- sation, and insurance not assignable and exempt from claims and taxation—The allotments and fºllm- ily allowances, compensation, and insurance payable under Articles II, III, and IV, respectively, Shall not be assignable; shall not be subject to the claims of creditors of any person to whom an award is made under Articles II, III, or IV; and shall be exempt from all taxation: Provided, That such allotments and family allowances, compensation, and insurance shall be subject to any claims which the United States may have, under Articles II, III, and IV, against the person on whose account the allotments and family allowances, compensation, or insurance is payable. (Sept. 2, 1914, c. 293, § 28, added, June 25, 1918, C. 104, § 2, 40 Stat.) § 514 mmn}%. Effect of discharge from service- The discharge or dismissal of any person from the military or naval forces on the ground that he is an enemy alien, Conscientious Objector, or a deserter, Or as guilty of mutiny, treason, spying, or any offense involving moral turpitude, or willful and persistent misconduct shall terminate any insurance granted on the life of such person under the provisions of Article IV, and shall bar all rights to any compen- sation under Article III or any insurance under Ar- ticle IV. (Sept. 2, 1914, c. 293, § 29, added, June 25, 1918. c. 104, § 2, 40 Stat.) § 514 mmn}4. Citation of act—This Act may be cited as the war-risk insurance Act. (Sept. 2, 1914, c. 293, § 30, added, June 25, 1918, c. 104, § 2, 40 Stat.) ARTICLE II. ALLOTMENTS AND FAMILY ALT, OWANCES § 514mm Inn. Application of article—The provi- Sions of this article shall apply to all enlisted men in the military or naval forces of the United States, except the Philippine Scouts, the insular force of the Navy, and the Samoan native guard and band of the Navy. (Sept. 2, 1914, c. 293, § 200, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402, and amended, June 25, 1918, c. 104, § 3, 40 Stat.) The amendment of this section consists in the addition Of the exception, as set forth above. § 5140. Allotments; compulsory and volun- tary—AllOtment Of pay, Shall Subject to the Condi- tions, limitations, and exceptions hereinafter speci- fied, be compulsory as to wife, a former wife divorc- ed who has not remarried and to whom alimony has been decreed, and a Child, and voluntary as to any Other person ; but on the written consent of the wife or former wife divorced, supported by evidence Sat- isfactory to the bureau of her ability to support herself and the children in her custody, tho allot- ment for her and for such children may be waived : and On the enlisted man’s application or otherwise for good cause shown, exemption from the allotment may be granted upon Such conditions as may be pre- scribed by regulations. The monthly compulsory allotment shall be $15. For a wife living separate and apart from her hus- band under court order or written agreement, or for a former wife divorced, the monthly compulsory al- APPENDIX * IPage 1740I - Iotment shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her, and for an illegitimate child, to whose Support the father has been judicially Ordered Or decreed to contribute, it shall not exceed the amount fixed in the order or decree. - - If there is a compulsory allotment for a wife or child, then a former wife divorced who has not re- married and to whom alimony has been decreed, Shall not be entitled to a compulsory allotment, but shall be entitled to a family allowance as hereinafter provided. (Sept. 2, 1914, c. 293, § 201, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 402, and amended, June 25, 1918, c. 104, § 4, 40 Stat.) - The amendment of this section consists in the changes in the second and third paragraphs of the section, as set forth above. Said paragraph originally read as follows: “The monthly compulsory allotment shall be in an amount equal to the family allowance hereinafter specified except that it shall not be more than one-half the pay, or less than $15; but for a wife living separate and apart under court order or written agreement or for a former wife di- Vorced, it shall not exceed the amount specified in the court Crder, decree, or written agreement to be paid to her. For an illegitimate child, to whose support the father has been judicially ordered or degreed to contribute, it shall not exceed the amount fixed in the order or decree. If there be an allotment for a wife or child, a former wife divorced and who has not remarried shall be entitled to a . compulsory allotment only out of the difference, if any, be- tween the allotment for the wife or child or both and one- half of the pay.” - § 514.000. Deposit of unallotted pay to credit of enlisted men—In Case One-half of an enlisted man’s monthly pay is not allotted, regulations to be made by the Secretary of War and the Secretary of the Navy, respectively, may require, under Circum- stances and Conditions as may be prescribed in Such regulations, that any proportion of Such one-half pay as is not allotted shall be deposited to his credit, to be held during such period of his service as may be prescribed. Such deposit shall bear interest at the Same rate as United States bonds bear for the Same period, and, when payable, shall be paid principal and interest to the enlisted man, if living, otherwise to any beneficiary or beneficiaries he may have des- ignated, or if there be no such beneficiary, then to the person Or persons who, Under the laws Of the State of his residence, would be entitled to his per- Sonal property in case of intestacy. (Sept. 2, 1914, c. 293, § 203, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 403, and amended, June 25, 1918, c. 104, § 5, 40 Stat.) § 5140,000. Family allowances; amount; pay- ment—A family allowance of not exceeding $50 per month shall be granted and paid by the United States upon written application to the bureau by such enlisted man or by or on behalf of any pro- Spective beneficiary, in a CCOrdance with and subject to the conditions, limitations, and exceptions herein- after Specified. The family allowance shall be paid from the time of enlistment to death in or one month after dis- Charge from the Service, but not for more than One month after the termination of the present War emergency. No family allowance shall be made for any period preceding November first, nineteen hun- dred and seventeen. The payment shall be subject to such regulations as may be prescribed relative to Cases of desertion and imprisonment and of miss- -Ing men. - . Subject to the conditions, limitations, and excep- tions hereinabove and hereinafter specified, the fam- ily allowance payable per month shall be as follows: Class A. In the case of a man to his wife (in- Cluding a former wife divorced) and to his child or Children— (a) If there is a wife but no child, $15; (b) If there is a wife and one child, $25; (c) If there is a wife and two children, $32.50, § $5 per month additional for each additionai child; - - - (d) If there is no wife, but one child, $5; - (e) If there is no wife, but two children, $12.50; (f) If there is no wife, but three children, $20; 204, added, Oct. 6, 1917, c. 105, § 2, (g) If there is no wife, but four children, $30, With $5 per month additional for each additional child; - (h) If there is a former wife divorced who has not remarried and to whom alimony has been decreed, $15. Class B. In the case of a man or woman to a grandchild, a parent, brother, or sister— (a) If there is one parent, $10; (b) If there are two parents, $20; (c) If there is a grandchild, brother, sister, or additional parent, $5 for each. In the case of a woman, the family allowances for a husband and children Shall be in the Same amountS, respectively, as are payable, in the Case of a man, to a wife and children, provided she makes a voluntary , allotment of $15 as a basis therefor, and provided, further, that dependency exists as required in sec- tion two hundred and six. (Sept. 2, 1914, c. 293, § - 40 Stat. 403, and amended, June 25, 1918, c. 104, § 6, 40 Stat.) The amendment of this section consists in the changes in the third and fourth paragraphs of the section as set forth above. Said paragraphs originally read as follows: “Class A. In the case of a man, to his wife (including a former wife divorced) and to his child or children: “(a) If there be a wife but no child, $15. “(b) If there be a wife and one child, $25. - “(c) If there be a wife and two children, $32.50, with $5 per month additional for each additional child. “(d) If there be no wife, but one child, $5. “(e) If there be no wife, but two children, $12.50. “(f) If there be no wife, but three children, $20. “(g) If there be no wife, but four children, $30, with $5 per month additional for each additional child. - “Class B. In the case of a man or woman, to a grand- , child, a parent, brother or sister: “(a) If there be one parent, $10. “(b) If there be two parents, $20. “(c) For each grandchild, brother, sister, and additional ºt. $5. In the case of a woman, to a child or chil- Terl . - - “(d) If there be one child, $5. “(e) If there be two children, $12.50. “(f) If there be three children, $20. “(g) If there be four children, $30, with $5 per month ad- ditional for each additional child.” § 514 pp. Same; conditions prerequisite to payment to Class B–Family allowances to members of class B shall be paid only if and while the mem- bers are dependent in whole or in part on the en- listed man, and then Only if and while the enlisted man makes a monthly allotment of his pay for Such members in the following amounts: (a) If an enlisted man is not making a compulsory allotment for class A the allotment for class B re- quired as a condition to the family allowance shall. be $15; (b) If an enlisted man is making a compulsory al- lotment for class A the additional allotment for class B required as a condition to the family allow- ance shall be $5, or if a woman is making an allot- ment of $15 for a dependent husband or child the additional allotment for the other members of class B required as a condition to the family allowance shall be $5. (Sept. 2, 1914, c. 293, § 206, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404, and amended, June 25, 1918, c. 104, § 7, 40 Stat.) • § 514qq. Investigations as to allowances and allotments—Upon receipt Of any application for fam- ily allowance, the commissioner shall make all proper investigations and shall make an award, On the basis of which award the amount of the allotments to be made by the man shall be certified to the War De- partment or Navy Department, as may be proper. Whenever the Commissioner Shall have reason to be- lieve that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance Shall be determined according to the family conditions ex- isting on the first day of the month. (Sept. 2, 1914, c. 293, § 210, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 404, and amended, June 25, 1918, c. 104, § 8, 40 Stat.) § 514qq}%. Time of taking effect of certain sections—Sections four, six, seven, and eight of this Act shall take effect on the first day of July, APPENDIX [Page 1741] nineteen hundred and eighteen. (June 25, 1918, c. 104, § 9, 40 Stat.) The sections referred to are $$ 5140, 5140000, 514pp, 514qq. ARTICLE III. COMPENSATION FOR DEATH OR DISABILITY - § 514qqq. To whom payable—For death or dis- ability resulting from personal injury suffered or dis- ease Contracted in the line of duty, by any commis- Sioned Officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided ; but no compensation shall be paid if the injury or disease has been caused by his own willful misconduct: Provided, That for the purposes of this Section Said officer, enlisted man, or other member Shall be held and taken to have been in sound condi- tion when examined, accepted, and enrolled for serv- ice: Provided further, That this section, as amended, Shall be deemed to become effective as of October Sixth, nineteen hundred and seventeen. (Sept. 2, 1914, c. 293, § 300, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 405, and amended, June 25, 1918, c. 104, § 10, 40 Stat.) § 514qqqq. Death; amounts; apportionment— If death results from injury— - If the deceased leaves a widow or child, or if he leaves a mother or father either or both dependent upon him for Support, the monthly compensation shall be the following amounts: (a) If there is a widow but no child, $25; (b) If there is a widow and one éhild, $35; (c) If there is a widow and two children, $42.50, with $5 for each additional child up to two ; (d) If there is no widow, but one child, $20; (e) If there is no widow, but two children, $30; (f) If there is no widow, but three children, $40, with $5 for each additional child up to two ; (g) If there is a dependent mother (or dependent . father), $20, or both, $30. The amount payable un- der this Subdivision shall not exceed the difference between the total amount payable to the widow and children and the sum of $75. This compensation shall be payable for the death of but One child, and no Com- pensation for the death of a child shall be payable if the dependent mother is in receipt of compensation under the provisions Of this article for the death of her husband. Such compensation shall be payable Whether the dependency of the father or mother Or both arises before or after the death of the person, but no compensation shall be payable if the depend- ency arises more than five years after the death of the perSOn. . . - If the death occurs before discharge or resignation from service, the United States shall pay for burial expenses and the return of the body to his home a Sum not to exceed $100, as may be fixed by regulations. The payment Of compensation to a widow shall Con- tinue until her death or remarriage. - - The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be incapable, be- CauSe Of insanity, idiocy, or being otherwise perma- nently helpless, then during such incapacity. Whenever the Compensation payable to Or for the benefit of any person under the provisions of this sec- tion is terminated by the happening of the contingen- cy, upon which it is limited, the compensation there- after for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been pay- able to them if they had been the Sole Original bene- ficiaries. < - As between the widow and the children not in her Custody, and as between children, the amount of the Compensation shall be apportioned as may be prescrib- ed by regulation. The term “widow” as used in this section shall not include One who shall have married the deceased later than ten years after the time of injury, and shall in- clude a widower, whenever his condition is such that, if the deceased person were living, he would have been dependent upon her for support. (Sept. 2, 1914, c. 293, § 301, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 405, and amended, June 25, 1918, c. 104, § 11, 40 Stat.) § 514qqqq%. Time of taking effect of amend- ment to preceding section—Where section three hundred and One of said Act is amended by striking Out the provisions that a mother is entitled to com- pensation. Only when she is widowed and Substitute provisions are included to the effect that compensation is payable to a dependent mother or dependent father, Such substitute provisions shall be deemed to be in effect as of October sixth, nineteen hundred and sev- enteen. (June 25, 1918, c. 104, § 15, 40 Stat.) - Section 301 referred to is § 514Qqqq. § 514 r. Disability; amounts—(1) If and while the disability is total, the monthly compensation shall be the following amounts: (a) If the disabled person has neither wife nor Child living, $30; - (b) If he has a wife but no child living, $45; (c) If he has a wife and One child living, $55; (d) If he has a wife and two children living, $65; (e) If he has a wife and three or more children liv- (f) If he has no wife but one child living, $40, with $10 for each additional child up to two ; (g) If he has a mother or father, either or both de- pendent on him, for support, then in addition to the above amounts, $10 for each ; - (h) If he is totally disabled and in addition so help- less as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not exceeding $20 per month, as the director may deem reasonable: Provided, however, That for the loss of both feet or both hands or both eyes, or for becoming totally blind or becoming helpless and permanently bedridden from causes occurring in the line of duty in the service of the United States, the rate of compensation shall be $100 per month: Provided further, That where the rate of compensation is $100 per month, no allowance Shall be made for a nurse or attendant. (2) If and while the disability is partial, the month- ly COmpensation shall be a percentage of the Compen- sation that would be payable for his total disability, equal to the degree of the reduction in earning ca- pacity resulting from the disability, but no compen- sation shall be payable for a reduction in earning ca- pacity rated at less than ten per Centum. A schedule of ratings of reductions in earning ca- pacity from specific injuries or combinations of in- juries of a permanent nature shall be adopted and applied by the bureau. Ratings may be as high as one hundred per centum. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from Such injuries in civil occupations and not upon the impairment in earning capacity in each individual case, so that there Shall be no reduction in the rate of compensation for individual Success in Overcoming the handicap of a permanent injury. The bureau shall from time to time readjust this schedule of ratings in accordance with actual experience. s (3) In addition to the compensation above provided, the injured person shall be furnished by the United States such reasonable governmental medical, Surgi- Čal, and hospital Services and with such supplies, in- cluding artificial limbs, trusses, and similar appli- ances, as the director may determine to be useful and reasonably necessary: Provided, That nothing in this Act shall be construed to affect the necessary military Control Over any member Of the military or naval es- tablishments before he shall have been discharged from the military Or naval service. (4) The amount of each monthly payment shall be determined according to the family conditions exist- ing on the first day of the month. - (5) Where the disabled person and his wife are not APPENDIX [Page 1742.] living together, or where the children are not in the Custody of the disabled person, the amount of the Compensation shall be apportioned as may be pre- . Scribed by regulations. - (6) The term “wife” as used in this section shall in- clude “husband” if the husband is dependent upon the Wife for support. (Sept. 2, 1914, c. 293, § 302, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 406, and amended, June 25, 1918, c. 104, §§ 12, 13, 14, 40 Stat.) The amendment of this section consists in the changes in Subdivisions 1 and 4 of the section, and in the addition of Subdivisions five and six to the section, as set forth above. Said Subdivisions 1 and 4 originally read as follows: “(1) If and while the disability is total, the monthly com- pensation shall be the following amounts: “(a) If he has neither wife nor child living, $30. “(b) If he has a wife but no child living, $45. - ‘‘(g) If he has a wife and one child living, $55. “(d) If he has a wife and two children living, $65. (e) If he has a wife and three or more children living, *(t) If he has no wife but one child living, $40, with $10 for each additional child up to two. “(g) If he has a widowed mother dependent on him for Support then, in addition to the above amounts, $10. “To an injured person who is totally disabled and in ad- dition So helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not ex- ceeding $20 per month, as the director may deem reason- able: . Provided, however, That for the loss of both, feet or both hands or both eyes, or for becoming totally blind, or helpless, and permanently bedridden from causes occurring in the line of duty in the sérvice' of the United States, the rate of compensation shall be $100 per month: Provided further, That no allowance shall be made for nurse or at- tendant.” - - “(4) The amount of each monthly payment shall be deter- mined according to the family conditions then existing.” § 514 rrr. [Repealed.] - - This section (Act Sept. 2, 1914, c. 293, § 304, as added by Act Oct. 6, 1917, c. 105, § 2) relating to the re-education and vocational training of persons injured in the service, was repealed by Act June 27, 1918, c. 107, § 10, 40 Stat. § 514tt. [Repealed.] - This section (Act Sept. 2, 1914, c. 293, § 311, as added by Act Oct. 6, 1917, c. 105, § 2), relating to the exemption of compensation payable under the article, was repealed by Act June 25, 1918, c. 104, § 16, 40 Stat. § 514ttt. Compensation to persons receiving service or retirement pay; pension laws—Compen- sation under this article shall not be paid while the person is in receipt of service or retirement pay. The laws providing for gratuities or payments in the event of death in the service and existing pension laws shall not be applicable after the enactment Of this amendment to any person in the active military or naval service on the sixth day of October, nineteen hundred and seventeen, or who thereafter entered the active military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law have heretofore accrued. Compensation because of disability or death of mem- bers of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) shall be in lieu of any compensation for such disability or death under the Act entitled “An Act to provide compensation for em- ployees of the United States suffering injuries while in the performance of their duties, and for other pur- poses,” approved September seventh, nineteen hun- dred and sixteen. (Sept. 2, 1914, c. 293, § 312, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408, and amended, June 25, 1918, c. 104, § 17, 40 Stat.) . § 514ttitt. Assignment of right of action for injury causing death or disability—(1) If an injury or death for which compensation is payable under this urticle is caused under circumstances Creating a legal liability upon some person other than the Unit- ed States or the enemy to pay damages therefor, the director, as a COndition to payment. Of COmpensation by the United States, may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other per- son, or if it appears to be for the best interests of the beneficiary the director may require him to prose- Cute the said action in his OWn name, subject to regu- lations. The director' may require Such assignment or prosecution at any time after the injury or death, and the failure on the part of the beneficiary to so as- Sign or to prosecute said cause of action in his own’ name Within a reasonable time, to be fixed by the di- rector, shall bar any right to Compensation on account Of the same injury or death. The cause of action so assigned to the United States may be prosecuted or COmpromised by the director, and any money realiz- ed or Collected thereon, less the reasonable expenses Of Such realization or collection, shall be placed to the credit of the military and naval compensation appropriation. If the amount placed to the credit Of Such appropriation in such case is in excess of the amount of the award of compensation, if any, such excess shall be paid to the beneficiary after any com- pensation award for the same injury or death is made. If a beneficiary or conditional beneficiary shall have recovered, as a result of a suit brought by him or On his behalf, or as a result of a settlement made by him or on his behalf, any money or other proper- ty in satisfaction of the liability of such other person, such money or other property so recovered shall be Credited upon any compensation payable, or which may become payable, to such beneficiary, or condi- tional beneficiary by the United States on account of the same injury or death. - . (2) If an injury or death for which compensation may be payable under this article is Caused under Circumstances Creating a legal liability upon some person, other than the United States or the enemy, to pay damages therefor, then, in Order to preserve the right of action, the director may require the con- ditional beneficiary at any time after the injury Or death, to assign such right of action to the United States, Or, if it appears to be for the best interests of such conditional beneficiary, to prosecute the said cause of action in his own name, subject to regula- tions. The failure On the part of the beneficiary to SO assign Or to prosecute the Said Cause of action in his Own name Within a reasonable time, to be fixed by the director, shall bar any right to compensation on account of the same injury or death. The Cause Of action so assigned may be prosecuted or compromis- ed by the director, and any money realized Or Col- lected thereon, less the reasonable expenses of such realization or collection, shall be paid to such benefi- Ciary, and be Credited upon any future Compensation which may become payable to such beneficiary by the United States on account of the same injury or death. (3) The bureau shall make all necessary regulations for carrying out the purposes of this section. For the purposes of computation only under this section the total amount of compensation due any beneficiary shall be deemed to be equivalent to a lump sum equal to the present value of all future payments of Com- pensation computed as of the date of the award. Of compensation at four per centum, true discount, Com- pounded annually. The probability of the beneficiary’s death before the expiration of the period during Which he is entitled to compensation shall be determined according to the American Experience Table of Mor- tality. - - A conditional beneficiary is any person who may become entitled to Compensation under this article On Or after the death. Of the injured perSOn. - e Nothing in this section shall be Construed to im- pose any administrative duties upon the War or Navy Departments. (Sept. 2, 1914, c. 293, § 313, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 408, and amended, June 25, , 1918, c. 104, § 18, 40 Stat.) ARTICLE IV. INSURANCE § 514 uti. Application for; time for making- Such insurance must be applied for Within One hun- dred and twenty days after enlistment or after en- trance into or employment in the active service and before discharge or resignation, except that those persons who are in the active war service at the time of the publication of the terms and conditions APPENDIX [Page 1743I. of such contract of insurance may apply at any time within one hundred and twenty days thereafter and while in such service. Any person in the active serv- ice on or after the sixth day of April, nineteen hun- dred and seventeen, who, while in such service and before the expiration of one hundred and twenty days from and after Such publication, becomes Or has be- COme totally and permanently disabled, Or dies, Or has died, Without having applied for insurance, shall be deemed to have applied for and to have been grant- ed insurance, payable to such person during his life in monthly installments of $25 each. If he shall die either before he shall have received any of such monthly installments or before he shall have receiv- ed two hundred and forty of such monthly install- ments, then $25 per month shall be paid to his widow from the time of his death and during her Widow- hood, or if there is no widow surviving him, then to his child or children, Or if there is no child surviving him, then to his mother, or if there is no mother sur- Viving him, then to his father, if and While they Sur- vive him: Provided, however, That not more than two hundred and forty Of Such monthly installments, including those received by such person during his total and permanent disability, shall be so paid. The amount Of the monthly installments shall be appor- tioned between children as may be provided by regula- tions. (Sept. 2, 1914, c. 293, § 401, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 409, and amended, June 25, 1918, c. 104, § 19, 40 Stat.) - § 514 unjá. Samue; time of taking effect of amendment of preceding section—Section nineteen of this Act amending section four hundred and One of the Act entitled “An Act to authorize the establish- ment Of a Pureau Of War Risk Insurance in the Treasury Department,” approved September second, nineteen hundred and fourteen, as amended, shall be deemed to be in effect as of October sixth, nineteen hundred and Seventeen: Provided, That nothing here- in shall be construed to interfere with the payment of monthly installments, authorized to be made under the provisions of said section four hundred and One as originally enacted, for the months up to and in- cluding June, nineteen hundred and eighteen: Pro- vided further, That all awards of automatic insur- ance under the provisions of said section four hundred and one as originally enacted shall be revised as of the first day of July, nineteen hundred and eighteen, in accordance with the provisions of said section four hundred and one as amended by section nineteen of this Act. (June 25, 1918, c. 104, § 20, 40 Stat.) The section 19 referred to is § 514ulu. § 514 utlu. Terms and conditions of contracts; beneficiaries—The director, subject to the general direction of the Secretary of the Treasury, promptly determine upon and publish the full and exact terms and Conditions Of Such COntract Of in Sur- ance. The insurance shall be payable Only to a Spouse, child, grandchild, parent, brother, or sister, and also during total and permanent disability to the injured person, or to any or all of them. The insurance shall be payable in two hundred and forty equal monthly installments. for Continuous installments during the life Of the in- sured or beneficiaries, or both, for cash, loan, paid up and extended values, dividends from gains and sav- ings, and such other provisions for the protection and advantage of and for alternative benefits to the in- sured and the beneficiaries as may be found to be rea- sonable and practicable, may be provided for in the Contract of insurance, or from time to time by regu- lations. All calculations shall be based upon the American Experience Table of Mortality and interest at three and one-half per centum per annum, except that no deduction shall be made for continuous in- Stallments during the life of the insured in case his total and permanent disability continues more than two hundred and forty months. Subject to regula- * of the Attorney General : * * Shall . Provisions for maturity at Certain ages, Office Department. tions, the insured shall at all times have the right to change the beneficiary or beneficiaries of such in- Surance without the consent of such beneficiary or beneficiaries, but only within the classes herein pro- Vided. If no beneficiary within the permitted Class be designated by the insured, either in his lifetime or by his last Will and testament, or if the designated beneficiary does not survive the insured, the insurance Shall be payable to such person or persons Within the permitted class of beneficiaries as would under the laws of the State of the residence of the insured be entitled to his personal property in case of in- testacy. If no such person survive the insured, then there shall be paid to the estate of the insured an amount equal to the reserve value, if any, of the in- Surance at the time of his death, calculated on the basis of the American Experience Table of Mortality and three and one-half per centum interest in full of . all obligations under the contract of insurance. (Sept. 2, 1914, c. 293, § 402, added, Oct. 6, 1917, c. 105, § 2, 40 Stat. 409, and amended, June 25, 1918, c. 104, § 21, 40 Stat.) - TITLE VIII—THE DEPARTMENT OF JUSTICE § 525a. Attorneys; one in charge of condem- nation proceedings in District of Columbia—Office Four attorneys, at $5,000 each, One of whom shall have" charge of all COndemnation proceedings in the District Of Columbia andº Supervise the examination of titles and matters arising from such condemnation proceedings in which the United States shall be a party or have an interest, and no special attorney or Counsel, Or services of persons other than of those provided for herein, shall be employed for such purposes. (July 3, 1918, c. 130, § 1, 40 Stat.) - . This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 526a. Solicitor of the Treasury—Office of So- licitor of the Treasury: Solicitor, $5,000; Assistant Solicitor, $3,000; chief clerk, who shall also discharge the duties of Chief law clerk, $2,250; law clerk, $2,- 000; two docket Clerks, at $2,000 each. (July 3, 1918, c. 130, § 1, 40 Stat.) - This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. ' , , TITLE IX—THE POST-OFFICE DEPARTMENT § 572a. Clerks and employés; readjustments in salaries; assignment to bureaus—In making re- adjustments hereunder, the salary of any clerk in any class may be fixed by the Postmaster General at $100 below the salary fixed by law for such class and the unused portion of such salary shall be used to in- crease the salary of any clerk in any class entitled thereto by not less than $100 above the salary fixed by law for Such class. . - The Postmaster General shall assign to the several bureaus, offices, and divisions Of the POst Office De- partment such number of the employees herein au- thorized as may be necessary to perform the work required therein ; and he shall submit a statement showing such assignments and the number employed at the Various Salaries in the annual BOOk Of Esti- mates following the estimates for Salaries in the Post (July 3, 1918, c. 130, § 1, 40 Stat.) These were provisions of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 578. Superintendent of Division of Finance —Office, Third Assistant Postmaster General: Super- intendents of divisions— " " finance (who shall give bond in such amount as the Postmaster General, APPENDIX [Page 1744] may determine for the faithful discharge of his du- ties) $2,250. (July 3, 1918, c. 130, § 1, 40 Stat.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 582a. Rewards for detection of post-office Tburglars—Office of the Postmaster General : * * For payment of rewards for the detection, arrest, and conviction of post-Office burglars, robbers, and high- way mail robbers: Provided, That rewards may be paid, in the discretion of the Postmaster General, When an Offender Of the Class mentioned Was killed in the act of committing the crime or in resisting law- ful arrest. (July 2, 1918, c. 117, § 1, 40 Stat.) This was a provision of the postal service appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. TITLE x–THE DEPARTMENT OF THE NAVY Chapter A–The Department and the Secretary of the Navy § 621aa. Chief of Naval Operations; allow- ances—Hereafter the Chief of Naval Operations Shall receive the allowances which are now or may here- after be prescribed by or in pursuance of law for the grade of general in the Army. (July 1, 1918, C. 114, 40 Stat.) This was a provision of the naval service appropria- tion act for the fiscal year 1919, cited above. - § 652a.a. Adjustment of claims for loss of pri- vate property in Europe—Hereafter the Secretary Of the Navy is authorized to consider, ascertain, ad- just, determine, and pay the amounts due On all claims for damages to and loss of private property Of inhabitants of any European country not an enemy or ally of an enemy when the amount of the claim does not exceed the Sum Of $1,000, OCCaSiOned and Caused by men in the naval Service during the period Of the present War, all payments in settlement Of Such claims to be made Out Of “Pay, Miscellaneous.” (July 1, 1918, c. 114, 40 Stat.) - This was a provision of the naval service appropriation act for the fiscal year 1919, cited above. . § 652b. Adjustment of claims for damages to private property from operations of aircraft— The Secretary of the Navy is hereby authorized to consider, ascertain, adjust, determine, and pay out of this appropriation the amounts due On claims for damages which have occurred or may occur to private property growing out of the operations of naval air- craft. (July 1, 1918, c. 114, 40 Stat.) - This was a provision of the naval service appropriation act for the fiscal year 1919, cited above. 5a. Rewards to civilian employés—The Sec- retary of the Navy is hereby authorized, in his dis- cretion and under such rules and regulations as he may prescribe, to pay cash rewards to civilian em- ployees of the Navy Department or the Naval Estab- lishment or other persons in civil life when due to a suggestion or series of suggestions by them there results an improvement or economy in manufacturing process or plant or naval material: Provided, That such sums as may be awarded to employees or other persons in civil life in accordance with this Act shall be paid them out of current naval appropriations in addition to their usual compensation: Provided further, That no employee or other person in Civil life shall be paid a reward under this Act until he has properly executed an agreement to the effect that the use by the United States of the suggestion or Series of suggestions made by him shall not form the basis of a further claim. Of any nature from the Unit- ed States by him, his heirs, Or assigns. (July 1, 1918, . c. 114, 40 Stat.) - - This was a provision of the naval service appropriation act for the fiscal year 1919, cited above. - § 655b. Distribution of automobiles—The Sec- retary of the Navy is authorized to distribute the high- powered automobiles now OWned and in use in the 1918, c. 130, § 1, 40 Stat.) United States and its insular possessions to such places and service as they may be required. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the naval service appropriation act for the fiscal year 1919, cited above. Chapter B–The Hydrographic Office § 657bb. Detail of naval officers to—The Secre- tary of the Navy is authorized to detail such naval Officers as may be necessary to the Hydrographic Office. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the naval service appropriation act for the fiscal year 1919, cited above. g TITLE XI. THE DEPARTMENT OF THE INTERIOR Chapter One—The Department § 672a. Board of Appeals in office of Solici- tor–Office Of Solicitor: Three members of a board Of appeals, to be appointed by the Secretary of the Interior, at $4,000 each. (July 3, 1918, c. 130, § 1, 40 Stat.) * - This was a provision of the legislative, executive, and judicial appropriation act for the year 1919, cited above. It has been repeated in prior appropriation acts. Chapter Six—The Patent-Office § 739. Private Secretary to Commissioner- Patent Office: * * B'rivate secretary, to be selected and appointed by the commissioner, $1,800. (July 3, 1918, c. 130, § 1, 40 Stat.) & This Wa.S. a, provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 739a. Financial clerk—Patent Office: * * Financial clerk, who shall give bond in such amount as the Secretary of the Interior may determine, $2,250. (July 3, 1918, c. 130, § 1, 40 Stat.) g This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 73.9b. Librarian—Patent Office: * * Li- brarian, who shall be qualified to act as an assistant examiner, $2,000. (July 3, 1918, c. 130, § 1, 40 Stat.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 739c. Chiefs of divisions—Patent office: * * Six chiefs of divisions, at $2,000 each; three as- sistant chiefs of divisions, at $1,800 each. (July 3, This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. § 739d. Typewriters—Patent office: * * For special and temporary services of typewriters certified by the Civil Service Commission, who may be employ- ed in such numbers, at $2.50 per diem, as may, in the judgment of the Commissioner of Patents, be neces- sary to keep current the work of furnishing manu- script copies of records. (July 3, 1918, c. 130, § 1, 40 Stat.) - - - This was a provision of the legislative, executive, and judicial appropriation. act for the fiscal year 1919, cited above. Chapter Nine B—The Bureau of Mines § 783a. Details of employés for service in Washington—Persons employed during the fiscal year nineteen hundred and nineteen in field work, Outside of the District of Columbia, under the Bureau of Mines, may be detailed temporarily for service in . the District of Columbia, for purposes of preparing results Of their field work ; all perSons SO detailed Shall be paid in addition to their regular compensa- tion only their actual traveling expenses or per diem in lieu of Subsistence in going to and returning there- from : Provided, That nothing herein shall prevent the payment to employees of the Bureau of Mines their necessary expenses or per diem, in lieu Of APPENDIX IPage 1745] subsistence while on temporary detail in the District of Columbia, for purposes only of consultation or investigations on behalf of the United States. All details made hereunder, and the purposes of each, during the preceding fiscal year, shall be reported in the annual estimates of appropriations to CongreSS at the beginning Of each regular Session thereof. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. - - § 787e. Headquarters of mine rescue cars- For purchase or lease of necessary land, where and under such conditions as the Secretary of the In- terior may direct, for the headquarters of mine rescue cars and construction of necessary railway sidings and housing for the same, or as the Site of an experimental mine and a plant for studying explosives, * * : Provided, That the Secretary of the Interior is authorized to accept any Suitable land or lands, buildings, or improvements, that may be denoted for said purpose and to enter into leases for periods not exceeding ten years, Subject to annual appropriations by Congress. (July 1, 1918, c. 113, § 1, 40 Stat.) - This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. . TITLE XII A–THE DEPARTMENT OF COMMERCE Chapter A–The Department and the - Secretary of Commerce $ 854a. Commercial attachés—Commercial at- tachés: For commercial attachés, to be appointed by the Secretary of Commerce, after examination to be held under his direction to determine their COmpe- tency, and to be accredited through the State Depart- ment, whose duties shall be to investigate and re- port upon such conditions in the manufacturing in- dustries and trade of foreign countries as may be Of interest to the United States; and for One Clerk to each of said commercial attachés to be paid a salary not to exceed $1,500 each and for necessary | traveling and subsistence expenses, rent, purchase of . reports, books of reference and pèriodicals, travel to and from the United States, exchange on official checks, and all other necessary expenses not includ- ed in the foregoing; such commercial attachés shall serve directly under the Secretary of Commerce and shall report directly to him. (July 3, 1918, c. 130, § 1, 40 Stat.) - This Was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It has been repeated in prior appropriation acts. Chapter D–The Bureau of Navigation The clerical force and office expenses of the Division of Naval Militia. Affairs are transferred to the Bureau of Navigation, by a provision of Act July 1, 1918, c. 114, post, § 3078a (30%). - Chapter F-The Bureau of Fisheries § 907a. Vessels of Commission; commuta- tion of rations of officers and crews–Commutation of rations not to exceed 60 cents may be paid to officers and crews of vessels of the Bureau of Fish- eries under regulations prescribed by the Secretary of Commerce. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act Sept. 8, 1916, c. 464, § 1, 39 Stat. 820. - § 908a. Expenditure of appropriations for propagation of food fishes—Appropriations herein or hereafter made for propagation of food fishes shall not be expended for hatching or planting fish or eggs in any State in which, in COMP.S.T.’18—110 the judgment of the Secretary of Commerce, there are not adequate laws for the protection of the fishes, nor in any State in which the United States Commissioner of Fisheries and his duly authorized agents are not accorded full and free right to conduct fish-cultural Operations, and all fishing and other operations nec- essary therefor, in , such manner and at such times as is considered necessary and proper by the said Commissioner or his agents. (July 1, 1918, c. 113, § 1, 40 Stat.) - - This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. B—THE DEPARTMENT OF LABOR Chapter C–The Bureau of Immigration § 960a. Motor vehicles—The purchase, use, maintenance, and operation of horses and motor ve- hicles required in the enforcement Of the immigra- tion and Chinese exclusion laws outside of the District of Columbia may be contracted for and the COst thereof paid from the appropriation for the en- forcement of those laws, under such terms and con- ditions as the Secretary of Labor may prescribe. TITLE XII (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision, of the Sundry civil appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. - TITLE XII C–THE JUDICIAL CODE - Chapter One—District Courts— - Organization § 972a. Criers and bailiffs; actual attend- ance—All persons employed under Section Seven hundred and fifteen of the Revised Statutes shall be deemed to be in actual attendance When they attend upon the order of the courts: Provided fur- ther, That no such persons shall be employed during vacation. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. R. S. § 715, is section 5 of the Judicial Code (§ 972). - TITLE XIII—THE JUDICIARY - Chapter Fourteen—District Attorneys, Marshals, Clerks, and Other Court Officers, and Commissioners § 1323a. Clerks; bond; renewal—The Attor: ney General is authorized to require the Official bonds of clerks of United States courts to be re- newed every four years, and to fix the amounts of such bonds within statutory limits. Failure to take such action shall not affect the liability under Such bonds, but upon failure or refusal of any clerk to execute such new bond or bonds his office shall be deemed vacant by order of the President and SO declared by the district attorney in Open COurt. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. Chapter Sixteen—Fees and Compensa- - - tion of Officers SALARIES AND EXPENSES OF DISTRICT ATTORNEY AND MARSHALS § 1420a. Assistant district attorneys; com- pensation—Except as otherwise prescribed by law the compensation of such of the assistant district attorneys authorized by section eight of the Act ap- APPENDIX - [Page 1746]. * - proved May twenty-eighth, eighteen hundred and ninety-six, as the Attorney General may deem nec- essary, may be fixed at not exceeding $3,000 per annum. (July 1, 1918, c. 113, § 1, 40 Stat.) - This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. See § 1420, U. S. Comp. St. 1916. - - - § 1424a. Marshals; per diem—Marshals and of- fice deputy marshals (except in the district. Of Al- aska) may be granted a per diem of not to exceed $4 and $3, respectively, in lieu of subsistence, instead of, but under the conditions prescribed for, the present allowance for actual expenses of subsistence. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. . . § 1432a. District attorneys; District of Co- Humbia; subsistence—After July first, nineteen hundred and eighteen, the maximum allowance for actual expenses of subsistence to the United States attorney for the District of Columbia and his aS- sistants, when absent from the District of Columbia on official business, shall be $4 per day. (July 1, 1918, c. 113, § 1, 40 Stat.) - • This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. - § 1448. District attorneys; District of Co- Turmbia; payment to deputies—The United States district attorney for the District of Columbia shall hereafter pay to his deputies Or assistants not ex- ceeding in all $15,000 per annum; and messenger hire not exceeding $10,000; office rent, fuel, stationery, printing, and other incidental ex- penses not exceeding $2,500, out of the fees of his Office: Provided, That no expenses other than those above specified shall be allowed. (July 1, 1918, c. 113, § 1, 40 Stat.) - This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. - - Chapter Eighteen—Procedure JUDGMENTS, COSTs, ExECUTIONS, AND MONEYS PAID INTO COURT § 1630a. Suits by seamen without prepay- ment of or bond for costs—Courts of the United States, including appellate courts, hereafter shall be open to seamen, without furnishing bonds or pre- payment of or making deposit to secure fees or costs, for the purpose of entering and prosecuting suit or suits in their own name and for their own benefit for wages or salvage and to enforce laws made for their health and safety. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It has been re- peated in prior appropriation acts. - - TITLE XIV—THE ARMY Chapter One—Organization $ 1717 bºob. Appointments from staff corps as major generals of the line—That hereafter the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint any chief of a staff corps, department, or bureau of the Army who has had forty or more years of Serv- ice in the Army, a major general of the line of the Army. The officers so appointed shall not exceed two, and shall be extra numbers in the list of major gen- erals of the line. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - LINE OF THE ARMY § 1731 a.a. Coast Artillery Corps; Army Mine Planter Service—Army Mine Planter Service: Here- after there shall be in the Coast Artillery Corps of the Regular Army, a service to be known as the Army Mine Planter Service, which shall consist, for each also his Clerical mine planter in the service of the United States, of One master, one first mate, one second mate, one chief engineer, and One assistant engineer, who shall be Warrant Officers appointed by and holding their of fices at the discretion of the Secretary of War, and two oilers, four firemen, four deck hands, one cook, One Steward, and One assistant steward, who shall be appointed from enlisted men of the Coast Artillery Corps under such regulations as the Secretary of War may prescribe: Provided, That the Coast Artillery Corps is hereby increased by such numbers of warrant officers and enlisted men as may be necessary to consti- tute the force provided by this chapter: Provided further, That the annual pay of the Warrant officers and enlisted men in the Various grades established by this Chapter shall be as follows: Masters, $1,800; first mates, $1,320; second mates, $972; chief engi- neers, $1,700; assistant engineers, $1,200; oilers, $432; firemen, $396; deck hands, $216; cooks, $360; Steward, $540; assistant stewards, $288: And pro- vided further, That warrant officers shall have such allowances as the Secretary of War may prescribe, and shall be retired, and shall receive longevity pay, as now provided by law for officers of the Army, and that the enlisted force herein provided for shall re- ceive the allowances and continuous-service pay now provided by law for enlisted men of the Army: And provided further, That in computing length of serv- "ice for retirement, and in computing longevity pay for warrant Officers and continuous-service pay for the enlisted men authorized by this chapter, service On boats in the service of the Quartermaster Depart- ment of the Quartermaster Corps prior to the passage of this Act shall be counted: And provided further, That during the continuation of the present emergen- cy all enlisted men of the Mine Planter Service of the Army of the United States in active service whose base pay does not exceed $2.1 per month shall receive an increase of $15 per month; those whose base pay is $24, an increase of $12 per month; those whose base pay is $30, $33, $36, or $40, an increase of $8 per month; and those whose base pay is $45 or more, an increase of $6 per month: And provided further, That the increases of pay herein authorized shall not enter into the computation of continuous-service pay. (July 9, 1918, c. 143, subchapter IX, 40 Stat.) This was a part of the Army appropriation act for the fiscal year 1919, cited above. It was preceded by the sub- chapter heading IX. - § 1738aa. Additional infantry bands—The Sec- retary of War is authorized to organize for use dur- ing the present emergency twenty bands additional to those now authorized for the Army to be organiz- ed as are bands of Infantry. (July 9, 1918, c. 143, 40 Stat.) - - ./ - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - - § 1738aaa. Corporal buglers and buglers, first class—There are hereby created in the Army the grades of corporal bugler, and bugler, first class; and hereafter for each battalion and squadron head- quarters of units in which the grade of bugler is now authorized, there shall be one corporal bugler, and for each company, battery, troop, or Organization in which the grade of bugler is now authorized there shall be one bugler, first class. (July 9, 1918, c. 143, subchapter XX, 40 Stat.) . This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - - STAFF CORPS AND DEPARTMENTS § 1775aa. The Judge Advocate General’s De- partment; captains and first lieutenants—During the existing emergency the President is authorized to appoint in the Officers' Reserve Corps and the Na- tional Army, for service in the Judge Advocate Gen. eral's Department, in addition to the grades now au. thorized, Officers Of the grades of first lieutenant and captain from such citizens as he shall find to be phy. APPENDIX IPage 1747] - sically, mentally, and morally qualified for appoint- ment. (July 9, 1918, c. 143, 40 Stat.) - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. O § 1784. • * So much of this section as restricts the purchase and distribution of military stores and supplies to officers of the Quartermaster Corps is suspended for the period of the war with Germany, by a provision of Act July 9, 1918, c. 143, post, § 1789a. § 1789a. Restrictions in purchase of mili- tary supplies suspended—That so much of sec- tion eleven hundred and thirty-three of the Revised Statutes, and Of Section nine of the Act entitled “An Act for making further and more effectual provision for the national defense, and for other purposes,” ap- proved June third, nineteen hundred and sixteen, as restricts the purchase and distribution of military stores and supplies to officers of the Quartermaster Corps, be, and the same is hereby, suspended for the period of the present war. (July 9, 1918, c. 143, Sub- chapter VII, 40 Stat.) This was a part of the Army appropriation act for the fiscal year 1919, cited above. It was preceded by the sub- chapter heading VII. R. S. § 1133, see § 1789, U. S. Comp. St. 1916. Act June 3, 1916, c. 134, § 9, see § 1784, U. S. Comp. St. 1916. § 1806a. Medical Department; Assistant Sur- geon General—That the Medical Department of the Regular Army be, and is hereby, increased by one AS- sistant Surgeon General, for service abroad during the present war, who shall have the rank of major general, and two Assistant Surgeons General, Who shall have the rank of brigadier general, all Of Whom shall be appointed from the Medical Corps of the Regular Army. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1806b. Same; major generals and Tbrigadier generals—The President may nominate and appoint in the Medical Department of the National Army, by and with the advice and consent of the Senate, from the Medical Reserve Corps of the Regular Army not to exceed two major generals and four brigadier generals. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. * - - § 1807aa. Medical Corps; distribution of commissioned officers—The Commissioned officers of the Medical Corps of the Regular Army, none Of Whom shall have rank above that of colonel, Shall be pro- portionately distributed in the several grades as now provided by law. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1807 aaa. Same; persons eligible for ap- pointment as first lieutenants-Any person Who at the time of the approval of this Act shall be and has been an officer of the Medical Reserve Corps, Or Con- tract surgeon, on active duty for twelve years Subse- quent to eighteen hundred and ninety-eight shall be eligible for appointment as first lieutenant in , the Medièal Corps, subject to examination: And provided further, That any officer so eligible who fails to pass the physical examination by reason of disability in- curred in Iine of duty shall be retired With the pay and allowances of a first lieutenant of the Medical Corps. (June 3, 1916, c. 134, § 10, amended, July 9, 1918, c. 143, Subchapter XVII, § 1, 40 Stat.) This section was added to Act June 3, 1916, c. 134, § 10, cited above by Amendment of Act July 9, 1918, c. 143, also cited above. § 1816a. Medical Reserve Corps; distribution of officers in grades—The Commissioned Officers of the Medical Reserve Corps of the Regular Army, none of whom shall have rank above that of colonel, shall be proportionately distributed in the several grades as now provided by law for the Medical Corps of the Regular Army: Provided, That nothing in this Act shall be held or construed so as to discharge any of— ficer of the Regular Army or deprive him of a com- mission which he now holds therein. (July 9, 1918, c. 143, 40 Stat.) . This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 1829a. Enlisted force of Medical Depart- ment—The enlisted force of the Medical Department Shall consist of the following personnel, who shall not be included in the effective strength of the Army nor Counted as a part of the enlisted force provided by law: Master hospital sergeants, hospital sergeants, Sergeants (first-class), sergeants, corporals, cooks, horseshoers, Saddlers, stable sergeant[s], mechanics, privates (first-class), and privates: Provided, That master hospital sergeants shall be appointed by the Secretary of War, but no person shall be appointed master hospital Sergeant until he shall have passed a Satisfactory examination under Such regulations as the Secretary of War may prescribe before a board Of One or more medical officers as to his qualifications for the position, including knowledge of pharmacy, and demonstrated his fitness therefor by Service Of Inot less than twelve months as hospital sergeant or Sergeant, first class, Medical Department, Or as Ser- geant, first class, in the Hospital Corps now estab. lished by law ; and no person shall be designated for Such examination except by Written authority of the Surgeon General: Provided further, That original en- listments for the Medical Department shall be made in the grade of private, and reenlistments and pro- motions of enlisted men therein, except as hereinbe- fore prescribed, and transfers thereto from the en- listed force of the line or other staff departments and Corps of the Army shall be governed by such regula- tions as the Secretary of War may prescribe: Pro- vided further, That the enlisted men of the EIospital Corps who are in active service at the time Of the ap- proval of this Act are hereby transferred to the cor- responding grades of the Medical Department estab- lished by this Act: Provided further, That the totăl number of enlisted men in the Medical Department shall be approximately equal to, but not exceed, eX- cept as hereinafter provided, the equivalent of five per centum of the total enlisted strength of the Army authorized from time to time by law: Provided fur- ther, That in time of actual or threatened hostilities, the Secretary Of War is hereby authorized to enlist or cause to be enlisted in the Medical Department such additional number of men as the Service may require: Provided further, That the number of enlisted men in each of the several grades designated below shall not exceed, except as hereinafter provided, the following percentages of the total authorized enlisted Strength of the Medical Department, to wit: Master hospital sergeants, one-half of one per centum ; hospital ser- geants, one-half of one per centum ; sergeants, first class, seven per centum ; Sergeants, eleven per cen- tum ; corporals, five per centum ; and cooks, six per centum: Provided further, That the number or horse- shoers, saddlers, stable Sergeant[s], and mechanics in the Medical Department shall not exceed One each to each authorized ambulance company or like Organiza- tion: Provided further, That in said department the number of privates, first class, shall not exceed twen- ty-five per centum of the number of privates: Pro- vided further, That if by reason of a reduction by operation of law in the authorized enlisted strength of the Army aforesaid the number of noncommission- ed officers of any grade in the Medical Department whose warrants were issued previously to such reduc- tion shall for the time being eXceed the percentage Hereinabove specified for such grade, no promotion to such grade shall be made until the percentage of non- commissioned officers therein shall have been reduced below that authorized for such grade on the basis of the said reduced enlisted strength, nor thereafter SO as to make the percentage of nonCommissioned Officers therein in excess of the percentage authorized. On the basis of the said reduced enlisted Strength ; but non- commissioned officers may be reenlisted in the grades APPENDIx [Page 1748] held by them previously to such reduction regardless Of the percentages aforesaid; and when under this provision the number of noncommissioned officers of any grade exceeds the percentage Specified, any non- COmmissioned officer thereof, not under charges, may be discharged on his own application: Provided fur- ther, That privates, first class, of the Medical Depart- ment Shall be eligible for ratings for additional pay as follows: As dispensary assistant, $2 a month ; as nurse, $3 a month ; as surgical assistant, $5 a month: Provided further, That no enlisted man shall receive more than One rating for additional pay under the provisions Of this section, nor shall any enlisted man receive any additional pay under such rating unless he shall have actually performed the duties for which he shall be rated. (June 3, 1916, c. 134, § 10, 39 Stat. 172, amended July 9, 1918, c. 143, subchapter XVII, § 1, 40 Stat.) - . - This section was amended by Act July 9, 1918, c. 143, cited above, by “striking out the word ‘farrier’ whenever it occurs in said section and substituting therefor the words ‘stable sergeant.’” § 1831. [Repealed and superseded.]. This section (Act Feb. 2, 1901, c. 192, § 19), relating to the composition, etc., of the Nurse Corps, was repealed in part by a provision of Act July 9, 1918, c. 143, subchapter V, § 7. It was also probably entirely superseded by fur- ther provisions of said Act July 9, 1918, c. 143, subchapter V, relating to the Nurse Corps of the Army. Said repealing provision was as follows: “That section nineteen, of Chap- ter one hundred and ninety-two of Thirty-first Statutes, page seven hundred and fifty-three; chapter fifty of Thirty- seventh Statutes, page seventy-two; that part of the Act approved August twenty-fourth, nineteen hundred and twelve (Thirty-seventh Statutes, page five hundred and seventy-five), providing for allowances, subsistence, and medical care during illness for the Superintendent of the Nurse Corps; and that part of the Act approved March twenty-third, nineteen hundred and ten (Thirty-sixth Stat- utes, page two hundred and forty-nine) prescribing the pay of the superintendent and members of the Nurse Corps, be, and the same are, hereby repealed.” The other provisions of said Act July 9, 1918, c. 143, superseding the unrepealed portions of this section, are set forth post, §§ 1832b-1832g. For text of this section, as originally enacted, see U. S. Comp. St. 1916, § 1831. Said repealing act also repealed a provision of Act Aug. 24, 1912, c. 394, § 1, 37 Stat. 575, which read as follows: “For pay of one Superintendent Nurse Corps, one thou- sand eight hundred dollars: Provided, That the superin- tendent shall receive such allowances of quarters, sub- sistence and medical care during illness as may be pre- scribed in regulations by the Secretary of War.” § 1832. [Repealed and superseded.] This section (Act March 23, 1910, c. 115), relating to the pay and allowances of the members of the Nurse Corps, was repealed by a provision of Act July 9, 1918, c. 143, sub- chapter V, § 7. Said repealing provision was as follows: “That section nineteen of chapter one hundred and ninety- two of Thirty-first Statutes, page seven hundred and fifty- three; chapter fifty of Thirty-seventh Statutes, page sev- enty-two; that part of the Act approved August twenty- fourth, nineteen hundred and twelve (Thirty-seventh Stat- utes, page five hundred and seventy-five), providing for allowances, subsistence, and medical care during illness for the Superintendent of the Nurse Corps; and that part of the Act approved March twenty-third, nineteen hundred and ten (Thirty-sixth Statutes, page two hundred and forty- nine) prescribing the pay of the superintendent and mem- bers of the Nurse Corps, be, and the same are, hereby re- pealed.” This section was also superseded by further provi- Sions of said Act July 9, 1918, c. 143, subchapter V, set forth post, $$ 1832b-1832g. § 1832b. Army Nurse Corps; composition— Army Nurse Corps: The Nurse Corps (female) of the Medical Department of the Army shall hereafter be known as the Army Nurse Corps, and shall consist of One superintendent, who shall be a graduate of a hos- pital-training School having a course of instruction of not less than two years; of as many chief nurses, nurses, and reserve nurses as may from time to time be needed and prescribed or ordered by the Secretary of War, and, in the discretion of the Secretary of War, of not exceeding six assistant superintendents, and, for each Army Or separate military force be- yond the continental limits of the United States, one director and not exceeding tWo assistant directors of nursing Service, all of whom shall be graduates of hospital-training schools and shall have passed such professional, moral, mºntal, and physical examination \ | as shall be prescribed by the Secretary of War. (July 9, 1918, c. 143, subchapter V, § 1, 40 Stat.) This section, and the five sections next following, were a part of the Army appropriation act for the fiscal year 1919, cited above. Said provisions were preceded by the ſº, heading V. See, also, §§ 1831, 1832, ante, and § 1832c. Same; rules and regulations—Rules and regulations prescribing the duties of the members Of the Army Nurse Corps shall be prescribed by the Surgeon General of the United States Army, subject to the approval of the Secretary of War. (Act July 9, 1918, c. 143, subchapter V, § 2, 40 Stat.) See note to § 1832b, ante. § 1832d. Same; appointment and removal— The Superintendent shall be appointed by, and, at his discretion, be removed by, the Secretary of War; that all Other members of said Corps shall be appointed by, and, at his discretion, be removed by, the Surgeon General by and with the approval of the Secretary of War; but the assistant superintendents, the directors, the assistant directors, and the chief nurses shall by appointed by promotion from other members of the Corps, and shall, upon being relieved from duty as Such, unless removed for incompetency or misconduct, revert to the grades in the corps from which they Were promoted. (July 9, 1918, c. 143, Subchapter V, § 3, 40 Stat.) . . - - See note to § 1832b, ante. § 1832e. Same; pay—The annual rate of pay of the members of said corps shall be as follows: Super- intendent, $2,400; assistant Superintendents and direc- tors, $1,800; assistant directors, $1,500; chief nurses, $120 in addition to the pay of a nurse; nurses, $720 for the first period of three years’ service, $780 for the second period of three years' service, $840 for the third period of three years' service, $900 for the fourth period of three years’ Service, and $960 after twelve years' service in said Corps (including in all cases time Of Service as Contract nurse); reserve nurses, When upon active duty, will receive the same pay as nurses who have served in the Corps for periods Correspond- ing to the full period of their active service; and all members of said corps, in addition to the foregoing, the sum of $10 per month when serving beyond the Continental limits of the United States (excepting Porto Rico and Hawaii). (July 9, 1918, c. 143, sub- chapter V, § 4, 40 Stat.) - - See note to § 1832b, ante. - § 1832f. Same; leaves of absence—Members of said Nurse Corps shall be entitled to cumulative leave of absence with pay at the rate of thirty days for each Calendar year of service in said corps, not exceeding, however, one hundred and twenty days at one time, and in addition thereto sick leave not exceeding thirty days in any one calendar year in Cases of illness or injury incurred in the line of duty. (July 9, 1918, c. 143, subchapter V, § 5, 40 Stat.) See note to § 1832b, ante. § 1832g. Same; allowances—Members of Said Nurse Corps shall receive transportation and neces- sary expenses when traveling under Orders, and Such allowances of quarters and subsistence and, during illness, such medical care as may be prescribed in reg- ulations by the Secretary of War; and when at places where no public quarters are available, Commutation in lieu thereof, and of heat and light therefor at such rates and upon such conditions as are now Or Shall hereafter be provided by law. (July 9, 1918, c. 143, subchapter V, § 6, 40 Stat.) See note to § 1832b, ante. § 1842a. The Corps of Engineers—The Corps of Engineers shall consist of one Chief of Engineers, with the rank of brigadier general; twenty-three colonels; thirty lieutenant colonels; seventy-two ma- jors; one hundred and fifty-two captains; one hun- dred and forty-eight first lieutenants; Seventy-nine second lieutenants; and the enlisted men hereinafter enumerated. The Engineer troops of the Corps Of En- gineers shall consist of one band, Seven regiments, and two mounted battalions. APPENDIX IPage 1749] Each regiment of Engineers shall consist of one Colonel; One lieutenant Colonel ; tWO majors ; eleven captains; twelve first lieutenants; six second lieuten- ants; two Inaster engineers, senior grade; One regi- mental Sergeant major ; tWO regimental Supply Ser- geants; two color Sergeants; one sergeant bugler; one Cook; One Wagoner for each authorized wagon of the field and combat train; one band ; and two bat- talions: Provided, That the present Engineer band shall be Considered as One Of the bands provided for above. Each battalion of a regiment Of Engineers shall Consist Of One major, One Captain, One battalion Ser- geant major ; and three COmpanies. Each Engineer COmpany (reg- imental) Shall Consist Of One Captain; tWO first lieu- tenants; One Second lieutenant; One first Sergeant; three Sergeants, first class; One meSS Sergeant; One Supply Sergeant ; One Stable Sergeant; Six Sergeants; twelve Corporals; one horseshoer ; two buglers; One saddler; two cooks; nineteen privates, first class; and fifty-nine privates: Provided, That the Presi- dent may, in his discretion, increase a regiment of En- gineers by two master engineers, senior grade, and two sergeants; each battalion of a regiment of En- gineers by three master engineers, junior grade; and each Engineer company (regimental) by two ser- geants, six corporals, one cook, twelve privates, first Class, and thirty-four privates. The Engineer band shall consist of one band lead- er; one assistant band leader; One first Sergeant; two band sergeants; four band corporals; two mu- Sicians, first Class; four musicians, Second Class ; thirteen musicians, third class; and two cooks. Each battalion of mounted Engineers shall consist Of One major; five Captains; Seven first lieutenants; three second lieutenants; One master engineer, senior grade; One battalion Sergeant Imajor; One battalion Supply Sergeant ; three master engineers, junior grade; one corporal; one wagoner for each author- ized wagon of the field and Combat train ; and three mounted Companies. Each mounted Engineer COmpa- ny shall consist of one captain; two first lieutenants; one second lieutenant; one first sergeant; two ser- geants, first class ; One meSS Sergeant ; One Supply sergeant; one stable sergeant; four Sergeants; eight Corporals; two horseshoers ; One saddler; two COOkS ; two buglers; twelve privates, first class; and thirty- seven privates: Provided, That the President may, in his discretion, increase the battalions Of mounted Engineers by One master engineer, Senior grade; two sergeants; and three master engineers, junior grade; and a mounted Engineer company by two sergeants; three corporals; eight privates, first class; and twenty-four privates: Provided further, That ap- propriate officers to command the regiments, battal- ions, and companies herein authorized and for duty with and as staff officers of such Organizations shall be detailed from the Corps of Engineers, and shall not be in excess Of the numbers in each grade enu- merated in this Section. The enlisted force Of the Corps of Engineers and the officers serving there- . with shall constitute a part of the line of the Army. (June 3, 1916, c. 134, § 11, 39 Stat. 173, amended, July 9, 1918, c. 143, 40 Stat.) - This section was amended by Act July 9, 1918, c. 143, cited above, by making the second paragraph thereof read as set forth above. Said paragraph, as originally enacted, read as follows: “Each regiment of Engineers shall consist of one colonel; one lieutenant colonel ; two majors; eleven cap- tains; twelve first lieutenants; six second lieutenants; two master engineers, senior grade; one regimental Ser- geant major ; two regimental supply sergeants; two color Sergeants ; One Sergeant bugler ; one cook; one wagoner for each authorized wagon of the field and combat train, and two battalions.” - § 1859aa. Ordnance Department; disbursing officer to pay civilian employés—The Chief of Ord- nance is authorized to appoint one of the Army of— ficers serving in his office as disbursing officer to pay the civilian employees in the Ordnance Office authoriz- three master engineers, junior grade; ed in this Or any other appropriation Act for the fiscal year nineteen hundred and nineteen. (July 3, 1918, c. 130, § 1, 40 Stat.) - This Was a provision of the legislative, executive, and ...] appropriation act for the fiscal year 1919, cited a, OOW e. - § 1867 ccc. Signal Corps; mileage; officers traveling on aviation duty—Hereafter mileage to Officers of the Army traveling on duty in connection With aviation shall be paid from the appropriation for the work in connection with which the travel is performed. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation, act for the fiscal year 1919, cited above. § 1867 ecce. ficers traveling on aviation duty—During the pres- ent emergency, officers and enlisted men of foreign armies attached to the United States Army as in- structors or inspectors when traveling in the United States on authorized official business pertaining to aviation shall be entitled to receive, from funds ap- propriated by this Act, the same mileage and trans- portation allowances as are authorized for Officers Ol' enlisted men of the Regular Army. (July 9, 1918, C. 143, 40 Stat.) - - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1867cceee. Same; aircraft employés in Dis- the head of the bureau or department charged with aircraft production be, and he is hereby, authorized to employ in the District of Columbia out of appro- priations made for designing, procuring, caring for, and supplying airships, engines, and property connected therewith such services as are necessary for carrying out these purposes. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1867dd}%. Signal Corps; apportionment of appropriations for aviation purposes—The Presi- dent may hereafter apportion and allot the moneys herein or heretofore appropriated for aviation purpos- es in Such manner as he may deem most advisable for the accomplishment of said purposes with the Same force and effect as though such apportionment had been made by this Act. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1867 dddd. Signal Corps; reservation of Gov- ernment property or public lands for aviation purposes—By Order of the President any Government property or unappropriated or reserved public lands may be reserved from entry, designated, and used for Such aviation stations or fields for testing and experi- mental work. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1867p. Signal Corps; qualifications for service in aviation service—No person otherwise qualified for service as a cadet, pilot, military aviator, or other officer in the aviation service, shall be barred from Such service by reason Of not being equipped with a college education. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1881 f. The Reserve Officers’ Training Corps; units at educational institutions—The President may, upon the application of any established educa- tional institution in the United States Other than a State institution, described in section forty of , this Act, the authorities of which agree to establish and maintain a two years’ elective or compulsory course of military training as a minimum for its physically fit male students, which course when entered upon by any student shall, as regards such student, be a pre- requisite for graduation; establish and maintain at such institution One Or more units of the Reserve Of- ficers’ Training Corps: Provided, That no such unit shall be established or maintained at any such institu- Same; mileage; foreign army of— trict of Columbia—During the existing emergency © APPENDIX EPage 1750I tion until an officer of the Army shall have been de- tailed as professor of military science and tactics, nor until Such institution shall maintain under military instruction at least one hundred physically fit male Students: Provided further, That upon the recom- mendation of the professor of military science and tactics of any Such institution, the authorities thereof Imay discharge a member of the Reserve Officers’ Training Corps from such corps and from the neces- sity Of completing the course of military training as a prerequisite to graduation. (June 3, 1916, c. 134, § 42, 39 Stat. 191, amended, July 9, 1918, c. 143, subchap- ter XVII, § 7, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, sub- chapter XVII, § 7, cited above, by adding thereto the last proviso as set forth above. - . - § 18810. Same; units at educational institu- tions; graduates as officers in Officers’ Reserve Corps—Any physically fit male citizen of the United States, between the ages of twenty-one and twenty- Seven years, who shall have graduated prior to June first, nineteen hundred and nineteen from any educa- tional institution at which an Officer of the Army was detailed as professor of military science and tactics, and Who, while a student at such institution, complet- ed Courses of military training under the direction of such professor of military science and tactics sub- stantially equivalent to those prescribed pursuant to this Act for the senior division, shall, after satisfac- torily Completing such additional practical military training as the Secretary of War shall prescribe, be eligible for appointment to the Officers’ Reserve Corps and as a temporary additional Second lieutenant in accordance with the terms of this Act. (June 3, 1916, c. 134, § 51, 39 Stat. 193, amended, July 9, 1918, c. 143, subchapter XVII, § 8, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, Sub- chapter XVII, § 8, cited above, by striking out, after the words, “who shall have graduated,’’ the words “prior to the passage of this Act,” and substituting therefor the words “prior to June first, nineteen hundred and nineteen.” ENLISTMENT AND DISCHARGE OF ENLISTED MEN; ARMY RESERVE . § 1887a. [Repealed in part.] . So much of this section (a provision of Act June 3, 1916, c. 134, § 27), as authorized the payment to post masters of $5 for each recruit secured by them and accepted by the Army, Navy, and Marine Corps, was repealed by Act July 2, 1918, c. 117, § 11, 40 Stat. - § 1892b. Composition of the Regular Army Reserve; assignment of members to Regular Army organizations—The President is authorized to assign members of the Regular Army Reserve as re- serves to particular organizations of the Regular Army, or to organize the Regular Army Reserve, or any part thereof, into units or detachments of any arm, corps, Or department in Such manner as he may prescribe, and to assign to such units and detach- ments officers Of the Regular Army or of the Offi- cers’ Reserve Corps herein provided for; and he may Summon the Regular Army Reserve Or any part thereof for field training for a period not exceed- ing fifteen days in each year, the reservists to receive from the date of their departure to place where Or- dered pay and allowances at the rate of their re- spective grades in the Regular Army, transportation, and reimbursement of COst Of Subsistence at Such rate as may be fixed by the Secretary of War during travel from home to place where Ordered and return to home, and subsistence in kind during period not in transit and while in Service; and in the event Of actual or threatened hostilities he may mobilize the Regular Army Reserve in such manner as he may determine, and thereafter retain it, or any part thereof, in active service for such period as he may determine the conditions demand: Provided, That all enlistments in the Regular Army, including those in the Regular Army Reserve, which are in force on the date Of the Outbreak of war shall continue in force for one year, unless sooner terminated by or- | der of the Secretary of War, but nothing herein shall be construed to shorten the time of enlistment pre- Scribed: Provided further, That subject to such regu- lations as the President may prescribe for their proper identification, and location, and physical Con- Ólition, the members of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year While in the reserve. (June 3, 1916, c. 134, § 31, 39 Stat. 187, amended, July 9, 1918, c. 143, subchap- ter XVII, § 6, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, sub-. chapter XVII, § 6, cited above, by striking out, after the Words “the reservists to receive,’’ the words “travel ex- pellses and pay at the rate of their respective grades in the Regular Army during such periods of training,’’ and Sub- stituting therefor the words as set forth above. § 1892e. The Enlisted Reserve Corps—For the purpose of securing an additional reserve of enlist- ed men for military service with the Engineer, Sig- nal, and Quartermaster Corps and the Ordnance and Medical Departments of the Regular Army, an En- listed Reserve Corps, to consist of such number of enlisted men of such grade or grades as may be des- ignated by the President from time to time, is here- by authorized, such authorization to be effective on and after the first day of July, nineteen hundred and Sixteen. . There may be enlisted in the grade or grades here- inbefore specified, for a period of four years, under such rules as may be prescribed by the President, citi- zens Of the United States, Or persons who have de- clared their intentions to become citizens of the Unit- ed States, subject to such physical, educational, and practical examination as may be prescribed in said rules. For men enlisting in said grade or grades cer- tificates of enlistment in the Enlisted Reserve Corps. shall be issued by The Adjutant General of the Army, but no such man shall be enlisted in said corps un- less he shall be found physically, mentally, and mor- ally qualified to hold such certificate and unless he shall be between the ages of eighteen and forty-five years. The certificates so given shall confer upon the holders when called into active service or for pur- poses of instruction and training, and during the pe- riod of such active service, instruction, or training, all the authority, rights, and privileges of like grades of the Regular Army. Enlisted men of the Enlisted Re- serve Corps shall take precedence in said corps a C- Cording to the dates of their certificates of enlistment therein and when called into active service or when called out for purposes of instruction or training shall take precedence next below all other enlisted men Of like grades in the Regular Army. And the Secretary of War is hereby authorized to issue to members Of the Enlisted Reserve COrps and to persons who have participated in at least one encampment for the mili- tary instruction of citizens, conducted under the aus- pices of the War Department, distinctive rosettes or knots designed for wear with civilian clothing, and whenever a rosette or knot issued under the provi- Sions of this section shall have been lost, destroyed, Or rendered unfit for use without fault or neglect upon the part of the person to whom it is issued, the Sec- retary of War shall cause a new rosette or knot to be issued to such person without charge therefor. Any person who is not an enlisted man of the En- listed Reserve Corps and shall not have participated in at least one encampment for the military instruc- tion of citizens, conducted under the auspices of the War Department, and who shall wear such rosette or knot shall be guilty of misdemeanor punishable by a fine of not exceeding $300, or imprisonment not ex- ceeding six months, or both. Thé President is authorized to assign members Of the Enlisted Reserve Corps as reserves to particular organizations of the Regular Army, or to Organize the Enlisted Reserve Corps, or any part thereof, into units or detachments of any arm, COrps, or department in Such manner as he may prescribe, and to assign to such units and detachments officers of the Regular APPENDIX IPage 1751] Army or of the Officers' Reserve Corps, herein provid- ed for. To the extent provided from time to time by ap- propriations the Secretary of War may order enlist- ed men of the Enlisted Reserve Corps to active Serv- ice for purposes of instruction or training for periods not to exceed fifteen days in any one calendar year: Provided, That, with the consent of such enlisted Imen and within the limits of funds available for Such pur- poses, such periods of active service may be extend- ed for such number of enlisted men as may be deem- ed neCeSSary. . Enlisted men of the Enlisted Reserve Corps shall receive the pay and allowances of their respective grades, but only when ordered into active service and from the date of their departure to place where Ordered, transportation and reimbursement of cost of subsistence at such rate as may be fixed by the Secretary of War during travel from home to place where ordered and return home and subsistence in kind during period not in transit and while in Serv- ice: Provided, That said enlisted men shall not be entitled to retirement or retirement pay: Provided further, That when any enlisted man of the Enlisted Reserve Corps shall be Ordered to active service for purposes of instruction or training he may be paid at any time after the date Such Order shall become effective for the period from the date of leaving home to date of return thereto as determined in advance, both dates inclusive, and such payment, if otherwise Correct, shall pass to the credit of the disbursing offi- Cer making the same. - - The uniform to be worn by enlisted men of the En- listed Reserve Corps, except corps insignia, shall be the same as prescribed for enlisted men of the Reg- ular Army Reserve, and that in lieu of any money al- lowance for clothing there shall be issued to each en- listed man of the Enlisted Reserve Corps in time of peace Such articles of clothing and equipment as the President may direct: Provided, That any clothing or Other equipment issued to any enlisted man of the said corps shall remain the property of the United States, and in case of loss or destruction of any arti- Cle, the article SO lost or destroyed shall be replaced by issue to the enlisted man and the value thereof deducted from any pay due or to become due him, un- less it shall be made to appear that such loss or de- Struction was not due to neglect or other fault on his part: Provided further, That any clothing or other equipment issued to enlisted men of the Enlisted Re- serve Corps which shall have become unserviceable through Ordinary wear and tear in the service of the United States shall be received back by the United States and serviceable like articles issued in lieu thereof: Provided further, That when enlisted men Of the Enlisted Reserve Corps shall be discharged or Otherwise separated from the service, all arms, equi- page, clothing, and other property issued to them shall be accounted for under such regulations as may be prescribed by the Secretary of War. . Any enlisted man of the Enlisted Reserve Corps or- dered to active service Or for purposes of instruction Or training shall, from the time he is required by the terms of the Order to obey the Same, be subject to the laws and regulations for the government Of the Army of the United States. The Secretary of War is hereby authorized to dis- charge any enlisted member of the Enlisted Reserve Corps when his services shall be no longer required, or when he shall have by misconduct unfitted himself for further Service in the said Corps: Provided, That any enlisted man of said corps who shall be ordered upon active duty as herein provided and who shall willfully fail to comply with the terms of the order so given him shall, in addition to any other penalty to which he may be subject, forfeit his certificate of en- listment. • . . - In time of actual or threatened hostilities the Pres- ident may order the Enlisted Reserve Corps, in Such numbers and at such times as may be considered nec- essary, to active service with the Regular Army, and while on such service members of said Corps Shall eX- ercise command appropriate to their several grades and rank in the organizations to which they shall be assigned and shall be entitled to the pay and allow- ances of the corresponding grades in the Regular Ar- my, with increase of pay for length of Service as now allowed by law for the Regular Army: Provided, That upon a call by the President for a volunteer force the members Of the Enlisted Reserve Corps may be mus- tered into the service of the United States as volun- teers for duty with the Army in the grades held by them in the said corps, and shall be entitled to the pay and allowances . Of the COrresponding grades in the Regular Army, with increase of pay for length of service, as now provided by law for the Regular Ar- my: And provided further, That enlisted men of the Enlisted Reserve Corps shall not acquire by virtue of issuance of certificates of enlistment to them a vested right to be mustered into the volunteer service of the TInited States. (June 3, 1916, c. 134, § 55, 39 Stat. 195, amended, July 9, 1918, c. 143, subchapter XVII, § 9, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, sub- chapter XVII, § 9, cited above, by changing the fifth par- . agraph thereof to read as set forth above. As originally enacted said paragraph read as follows: -‘ ‘Enlisted men of the Enlisted Reserve Corps shall receive the pay and al- lowances of their respective grades, but only when ordered into active service, including the time required for actual travel from their homes to the places to which ordered and return to their homes: Provided, That said enlisted men shall not be entitled to retirement or retirement pay, nor Shall they be entitled to pensions except for physical dis- ability incurred in line of duty while in active service or while traveling under orders of competent authority to or from designated places of duty.” PROMOTION, DETAILS TO STAFF, AND APPOINT- MENTS FROM ENT,ISTED FORCE AND FROM CIVIL LIFE: RANK AND PRECEIDENCE; MET) ALS OF HONOR; CERTIFICATES OF MERIT; MILITARY BADGES; PROTECTION OF UNIH'ORM º § 1920a. Appointments to fill vacancies in grade of second lieutenant—Vacancies in the grade of second lieutenant, however arising, in any fiscal year shall be filled by appointment in the following order: (1) Of Cadets graduated from the United States Military Academy during the preceding fiscal year for whom vacancies did not become available during the fiscal year in which they were graduated; (2) under the provisions of existing law. Of enlisted men, including officers of Philippine Scouts, between the ages of twenty-one and thirty-four years, whose fitness for promotion shall have been determined by Competitive examination ; and of members, including officers, of the Organized Militia, the National Guard, or Naval Militia, between the ages of twenty-One and thirty-four years who have had at least ninety days’ actual Federal military service during the Calendar year nineteen hundred and sixteen, or Subsequent thereto, and whose fitness for promotion Shall have been determined by examination; (3) of commissioned officers of the National Guard, between the ages Of twenty-one and twenty-seven years, not otherwise pro- vided for herein; (4) of members of the Officers' Re- serve Corps, between the ages of twenty-One and twen- ty-seven years; (5) of such honor graduates, between the ages of twenty-one and twenty-seven years, of distinguished colleges as are now or may hereafter be entitled to preference by general orders of the War Department; and (6) of candidates from Civil life, between the ages of twenty-one and twenty-seven years; and the President is authorized to make the necessary rules and regulations to carry these provi- sions into effect: Provided, That the President is hereby authorized to waive the maximum age limit prescribed by law for appointment as Second lieuten- . ant in the Regular Army in the case of any Candi- date, for such appointment who has successfully Com- pleted or who may hereafter successfully COmplete - APPENDIX \ IPage 1752] the required examination for such appointment before arriving at the prescribed maximum age limit; but no appointment of any such Candidate shall be made to any vacancy which did not exist upon the date he successfully completed the required examination for appointment; and persons appointed under the proVi- sions of this proviso shall be appointed with the rank and date of rank With Which they would have been appointed if their appointment had not been prevented by reason of the maximum age limit prescribed by law. (June 3, 1916, c. 134, § 24, 39 Stat. 182, amended, May 12, 1917, c. 12, 40 Stat. 44, and July 9, 1918, C. 143, subchapter XVII, § 3, 40 Stat.) . This section was again amended by Act July 9, 1918, c. 143, cited above, to read as set forth above. § 1920 b. Original appointments to be provi- sional; retirement—Hereafter all appointments of persons other than graduates of the United States Military Academy to the grade of second lieutenant in the Regular Army shall be provisional for a period of two years, at the close of which period such appoint- ments shall be made permanent if the appointees shall have demonstrated, under such regulations as the President may prescribe, their suitability and moral, professional, and physical fitness for such permanent appointment, but should any appointee fail SO to dem- OnStrate his suitability and fitness, his appointment shall terminate; and should any officer become eligible for promotion to a vacancy in a higher grade and Qualify therefor before the expiration of two years from the date of his Original appointment, he shall receive a provisional appointment in Such higher grade, which appointment shall be made permanent when he shall have qualified for permanent appoint- ment upon the expiration of two years from the date Of his original appointment, or shall terminate if he shall fail so to qualify. • Should any such officer during Such provisional pe- riod of two years become incapable of performing the duties of his office by reason of physical incapacity re- Sulting from an in Cident Of Service, he shall be re- tired from active service by the President upon the actual rank held by him at the time of retirement in the manner provided by law for the retirement of permanent Officers of the Regular Army, and provision- al Officers retired under the provisions Of this Sec- tion shall be in addition to the number of the Officers of the Army on the retired list now fixed by law. (June 3, 1916, c. 134, § 23, 39 Stat. 181, amended, July 9, 1918, c. 143, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, cited above, by adding thereto the last paragraph, as set forth above. - - § 1943a. Medals of honor; to whom present- ed—That the provisions of existing law relating to the award of medals of honor to Officers, noncommissioned Officers, and privates of the Army be, and they here- by are, amended so that the President is authorized to present, in the name of the Congress, a medal of honor only to each person who, while an officer or enlisted man of the Army, shall hereafter, in action involving actual conflict with an enemy, distinguish himself conspicuously by gallantry and intrepidity at the risk Of his life above and beyond the Call of duty. (July 9, 1918, c. 143, 40 Stat.) This section, and the twelve sections next following, were provisions of the Army appropriation act for the fiscal year 1919, cited above. § 1943b. Distinguished-service crosses; to whom presented—That the President be, and he is hereby, further authorized to present, but not in the name Of COngress, a distinguished-Sérvice cross of ap- propriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distin- guished, or who shall hereafter distinguish, himself or herself by extraordinary heroism in connection with military operations against an armed enemy. (July 9, 1918, c. 143, 40 Stat.) - - See note to § 1943a. | § 1943c. Distinguished-service medals; to whom presented—That the President be, and he is hereby, further authorized to present, but not in the name Of Congress, a distinguished-service medal of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day Of April, nineteen hundred and seventeen, has dis- tinguished, Or Who hereafter Shall distinguish, himself Or herself by exceptionally meritorious Service to the Government in a duty of great responsibility; and said distinguished-service medal shall also be issued to all enlisted men Of the Army to Whom the Certifi- Cate of merit has been granted up to and including: the date Of the passage of this Act under the pro- Visions of previously existing law, in lieu of Such Cer- tificate Of merit, and after the passage of this Act the award of the certificate Of merit for distinguished Service shall cease; and additional pay heretofore au- thorized by law for holders of the certificate of merit shall not be paid to them beyond the date of the a Ward Of the distinguished-Service medal in lieu there- Of as aforesaid. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. § 1943d. Additional pay to persons awarded medals or crosses—Each enlisted man of the Army to whom there has been or shall be awarded a medal Of honor, a distinguished-service cross, or a distin- guished-service medal shall, for each such award, be entitled to additional pay at the rate of $2 per month from the date of the distinguished act or Serv- ice On which the award is based, and each bar, or Other Suitable device, in lieu of a medal of honor, a (listinguished-service Cross, or a distinguished-service medal, as hereinafter provided for, shall entitle him to further additional pay at the rate of $2 per month from the date Of the distinguished act or Service for which the bar is awarded, and said additional pay Shall COntinue throughout his active Service, wheth- er Such service shall or shall not be continuous; but When the award is in lieu of the certificate of merit, as provided for in section three hereof, the additional pay shall begin with the date of the award. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. § 1943e. Bars or stars for additional acts of valor or citations—NO more than One medal Of hon- Or Or One distinguished-Service CrOSS Or One distin- guished-service medal shall be issued to any one per- son; but for each succeeding deed or act sufficient to justify the award of a medal of honor or a distin- guished-service cross or a distinguished-service medal, respectively, the President may award a suitable bar, Or Other Suitable device, to be worn as he shall direct ; and for each other citation of an officer or enlisted man for gallantry in action published in orders is- sued from the headquarters of a force commanded by a general officer he shall be entitled to wear, as the President shall direct, a silver Star three-Six- teenths of an inch in diameter. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. § 1943f. Experiditure for medals, crosses or other devices—That the Secretary of War be, and he is hereby, authorized to expend from the appropria- tions for contingent expenses of his department from time to time so much as may be necessary to defray the cost of the medals of honor, distinguished-service crosses, distinguished-service medals, bars, rosettes, and other devices hereinbefore provided for. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. - - § 1943g. Replacing lost medals, crosses or other devices—Whenever a medal, Cross, bar, ribbon, rosette, or other device presented under the provi- Sions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was awarded, such medal, cross, bar, ribbon, rosette, or device shall be APPENDIX IPage 1753] replaced without charge therefor. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. § 1943h. Time limit on award of medals, crosses or other devices—Except as Otherwise pre- scribed herein, no medals of honor, distinguished- service cross, distinguished-service medal, or bar or other suitable device in lieu of either of said medals or of said cross, shall be issued to any person after more than three years from the date Of the act jus- tifying the award thereof, nor unless a specific State- ment or report distinctly setting forth the distinguish- ed service and suggesting or recommending Official rec- ognition thereof shall have been made at the time of the distinguished service or within two years there- after, nor unless it shall appear from Official records in the War Department that Such person has so dis- tinguished himself as to entitle him thereto ; but in Case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or cross or the bar or other emblem or device presented, within three years from the date of the act justifying the award thereof, to such representa- tive of the deceased as the President may designate; but no medal, cross, bar, or other device, hereinbefore authorized, shall be awarded or presented to any in- dividual whose entire service subsequently to the time he distinguished himself shall not have been honora- ble; but in cases of officers and enlisted men now in the Army for whom the award of the medal of honor has been recommended in full compliance with then existing regulations but on account of services which, though insufficient fully to justify the award of the medal of honor, appear to have been such as to jus- tify the award of the .distinguished-service cross or distinguished-service medal hereinbefore provided for, such cases may be considered and acted upon under the provisions of this Act authorizing the award of the distinguished-service Cross and distinguished-Serv- ice medal, notwithstanding that said services may have been rendered more than three years before said cases shall have been considered as authorized by this Act, but all consideration of and action upon any of said cases shall be based exclusively upon Official rec- Ords now on file in the War Department ; and in the Cases of Officers and enlisted men now in the Army who have been mentioned in orders, now a part of official records, for extraordinary heroism or especial- ly meritorious services, such as to justify the award of the distinguished-service cross or the distinguished- Service medal hereinbefore provided for, such Cases may be considered and acted on under the provisions of this Act, notwithstanding that said act or Šervices may have been rendered more than three years before said cases shall have been COnsidered as authorized by this Act, but all consideration of and action upon any said cases shall be based exclusively upon official records of the War Department. (July 9, 1918, c. 143, 40 Stat.) - See note to § 1943a. - § 1943i. Award of medals or crosses by com- manding generals—That the President be, and he is hereby, authorized to delegate, under such Conditions, regulations, and limitations as he shall prescribe, to the commanding general of a separate army Or higher unit in the field, the power Conferred upon him by this Act to award the medal of honor, the distinguish- ed-service cross, and the distinguished-service medal; and he is further authorized to make from time to time any and all rules, regulations, and Orders which he shall deem necessary to carry into effect the pro- visions of this Act and to execute the full purpose and intention thereof. (July 9, 1918, C. 143, 40 Stat.) See note to § 1943a. § 1943.j. Wearing medals or deedrations awarded by allied nations on entry into military service of United States—American citizens who have received, since August first, nineteen hundred and fourteen, decorations or medals for distinguished the present War. Service in the armies or in connection with the field Service Of those nations engaged in war against the Imperial German Government, shall, on entering the military Service of the United States, be permitted to Wear such medals or decorations. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. - § 1943k. Decorations awarded by allied gov- ernments to members of military forces of Unit- ed States—Any and all members of the military forces Of the United States Serving in the present war be, and they are hereby, permitted and authorized to ac- Cept during the present war or within one year there- after, from the Government of any of the countries engaged in war with any country with which the United States is or shall be concurrently likewise en- gaged in war, Such decorations, when tendered, as are Conferred by such Government upon the members of its own military forces; and the consent of Congress required therefor by clause eight of Section nine of Article I of the Constitution is hereby expressly grant- ed: Provided, That any officer or enlisted man of the military forces of the United States is hereby author- ized to accept and wear any medal or decoration here- tofore bestowed by the Government of any of the na- tions concurrently engaged with the United States in (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. * § 1943!. Award of medals and decorations to members of forces of allied nations—The President is authorized, under regulations to be prescribed by him, to Confer Such medals and decorations as may be authorized in the military service of the United States upon Officers and enlisted men of the military forces of the countries Concurrently engaged with the |United States in the present War. (July 9, 1918, C. 143, 40 Stat.) See note to § 1943a. y g § 1943m. Medals for members of National Guard serving in war with Spain or on Mexican border in 1916—That the Secretary of War be, and he is hereby, authorized and directed to proCure a bronze medal, with Suitable device and ribbon, to be presented to each of the several officers and enlisted men, and families of such as may be dead, of the Na- tional Guard who, under the Orders Of the President Of the United States, Served not less than ninety days in the War with Spain, and who have received an honorable discharge from the service, and Who Served On the Mexican border in the years nineteen hundred and Sixteen and nineteen hundred and seventeen and who are not eligible to receive the Mexican service badge heretofore authorized by the President: Pro- vided, That such medals shall not be issued to men who have, Subsequent to Such Service, been dishonora- bly discharged from the service or deserted: And pro- vided further, That the sum of $7,000, or so much thereof as may be necessary, is hereby appropriated, Out of any money in the Treasury not otherwise ap- propriated, for the purpose of Carrying this last para- graph into effect. (July 9, 1918, c. 143, 40 Stat.) See note to § 1943a. - - § 1949a. Protection of the uniform—It shall be unlawful for any perSOn not an Officer or enlisted man of the United States Army, Navy, or Marine Corps, to wear the duly prescribed uniform of the |United States Army, Navy, Or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps: Provided, That the foregoing provision shall not be construed so as to prevent offi- cers or enlisted men Of the National Guard from wearing, in pursuance Of law and regulations, the uniform lawfully prescribed to be worn by such offi- CerS or enlisted men Of the National Guard; nor to prevent members of the Organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War APPENDIX IPage 1754] may designate, from wearing their prescribed uni- forms; have Served honorably as Officers Of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent Service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other Commission in such Regular or Volunteer service; nor to prevent any person who has been honorably discharged from the United States Army, Navy, Or Marine Corps, Regular Or Volunteer, from Wearing his uniform from the place of his discharge to his home, within three months after the date Of Such dis- charge; nor to prevent the members of military So- Cieties composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uni- form duly prescribed by such societies to be Worn by the members thereof; nor to prevent the instruc- tors and members of the duly organized Cadet Corps of a State university, State college, or public high school offering a regular course in military instruc- tion from wearing the uniform duly prescribed by the authorities of such university, college, Or public high school for wear by the instructors and mem- bers of such cadet corps; nor to prevent the instruc- tors and members of the duly organized Cadet Corps of any other institution of learning offering a regular course in military instruction, and at which an Offi- cer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as in- structor in military science and tactics, from Wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instruc- tors and members of such cadet Corps; nor to pre- vent civilians attendant upon a course of military Or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon Such Course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; nor to prevent any perSOn from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: vided further, That the uniforms worn by officers or enlisted men of the National Guard, Or by the mem: bers of the military societies or the instructors and members of the cadet corps referred to in the preced- ing proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: And provided further, That the members of the military societies and the instructors and members of the cadet Corps hereinbefore mentioned shall not Wear the insignia of rank prescribed to be worn by Officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not ex- ceeding six months, or by both such fine and impris- onment: Provided, That hereafter, upon the discharge or furlough to the Reserve of an enlisted man, all uniform outer clothing then in his possession, ex- cept such articles as he may be permitted to wear from the place of termination of his active service to his home, as authorized by this section, will be retailled for military use ; and within four months after such termination of his active service he shall return all uniform clothing, which he was so per- mitted to retain for wear to his home, by mail, un- nor to prevent persons who in time Of War Pro- der a franked label, which shall be furnished him for the purpose, and in conformity with the instructions given him at the time of such termination of his a C- tive service; and in case he shall fail to return the Same within such period, and in accordance with such instructions, he shall be deemed guilty of a mis- demeanor, and, upon conviction, suffer the punishment prescribed by this section: Provided further, That upon the release from Federal service of an enlisted man of the National Guard called as such into the service of the United States, all uniform outer cloth- ing then in his possession shall be taken up and ac- Counted for as property issued to the National Guard of the State to which the enlisted man belongs, in the manner prescribed by section sixty-seven of said Act: And provided further, That when an enlisted man is discharged otherwise than honorably, all uni- form outer clothing in his possession shall be re- tained for military use, and, when authorized by regu- lations prescribed by the Secretary of War, a suit of citizen's outer clothing to cost not exceeding $15 may be issued to such enlisted man: And provided further, That Officers and members Of the National Home for Disabled Volunteer Soldiers may, regardless of the preceding provisions of said Act, wear such uniforms as the Secretary of War may authorize. (June 3, 1916, c. 134, § 125, 39 Stat. 216, amended, July 9, 1918, c. 143, subchapter XVII, § 10, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, subchapter XVII, § 10, cited above, by adding to the last 'paragraph thereof the matter beginning with the words “Provided, That hereafter,” to the end thereof, as set forth above. - MILITARY SUPPLIES AND STORES; PUBLIC MONEYS AND OTHER PROPERTY; TRANSPORTATION § 1950a. General appropriations, Quarter- master Corps—All the money hereinbefore designated under the titles “Subsistence of the Army,” “Regular Supplies, Quartermaster Corps,” “Incidental expenS- es, Quartermaster Corps,” “Transportation of the Army and its supplies,” “Water and sewers at military posts,” “Clothing and camp and garrison equinage,” “Horses for Cavalry, Artillery, Engineers, and SO forth,” “Barracks and quarters,” “Military post ex- changes,” “Roads, walks, wharves, and drainage,” “Barracks and quarters, Philippine Islands,” “Con- struction and repair of hospitals,” “Quarters for hos- pitals stewards,” “Shooting galleries and ranges,” “Maintenance, Army War College,” “Rent of buildings, Quartermaster Corps,” “Claims for damages to and loss of private property,” “Vocational training,” “Rifle ranges for civilian instruction,” “Quartermaster supplies, equipment, and so forth, Reserve Officers’ Training Corps,” “Quartermaster supplies for mili- tary equipment of schools and colleges,” shall be dis- bursed and accounted for by Officers and agents of the Quartermaster Corps as “General appropriations, Quartermaster Corps,” and for that purpose shall con- stitute one fund. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. The titles designated therein are those under which appropriations are made in the act. - - § 1952a.a. Moneys from disposition of Ima- terials supplied by Engineer Pepartment—The provision of the Act of March twenty-third, nineteen hundred and ten, making moneys arising from the disposition of serviceable quartermaster material available for the purposes of the appropriation throughout the fiscal year following that in which the disposition was affected, is hereby extended to apply to material supplied to the Army by the En- gineer Department. (July 9, 1918, c. 143, subchapter XX, 40 Stat.) . - $4 This was a provision of the Army appropriation act for the fiscal year 1919, cited above. Act March 23, 1910, C. 115, mentioned in this section, is U. S. Comp. St. 1916, § 1952. - - - - . APPENDIX IPage 1755] § 1952b. Proceeds from operation of public utilities; reports—In case of actual or threatened hostilities, any proceeds received from the operation of a public utility, in connection with engineer Opera- tions in the field overseas, shall be available for the purpose of such utility until the close of the fiscal year following that in which the proceeds are re- ceived, and a detailed report of such proceeds and application thereof shall be rendered to Congress on forms conforming as far as practicable to those used by American Companies in reports to the Interstate Commerce Commission. (July 9, 1918, c. 143, Sub- Chapter XX, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 1972aa. Exchange of aerial material-Sub- ject to the approval of the Secretary of War, motor- propelled vehicles, airplanes, engines, parts thereof, balloons, and appurtenances may be exchanged. in part payment for new equipment of the same or simi- lar character to be used for the same purposes as those proposed to be exchanged. (July 9, 1918, C- 143, 40 Stat.) . This was a provision of the Army appropriation agt for the fiscal year 1919, cited above. ... It supersedes a similar provision of May 12, 1917, c. 12, 40 Stat. 43. MILITARY POSTS AND GARRISONS: BARRACKS “”ºp ºs. Moritizšition, - ETC., STATIONS - § 1980aa. Army field clerks; pay and allow- ances—During the present emergency Army field clerks shall have the same allowances and benefits as heretofore allowed by law to pay clerks, Quarter- master Corps, not including retirement: Provided, however, That the minimum or entrance pay, eXClu- sive of said allowances, of said Army field clerks shall be $1,200 per annum: Provided further, That Army field clerks shall receive the same increase of pay for service beyond the continental limits of the United States as is now allowed by law to commissioned officers of the Army. * * Provided, That said clerks, messengers, and labor- ers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. The messengers and la- borers referred to are those authorized by a preceding ap- propriation for the pay of the Army, Quartermaster Corps. GENERAL PROVISIONS OF ORGANIZATION § 1991a. Existing laws not affected-All exist- ing laws pertaining to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the Offi- cers and enlisted men on the retired list, the detach- ed and additional officers under the Act of Congress approved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned re- cruits, service school detachments, United States dis- Ciplinary barracks guards, disciplinary organizations, the Philippine Scouts, and Indian scouts shall con- tinue and remain in force except as herein specifically provided otherwise: Provided, That one of the enlist- ed men at each main recruiting station who has been detached for duty at such station under the provisions Of the Act of Congress approved February second, nineteen hundred and one, may, in the discretion of the Secretary of War, have the rank, pay, and al- lowances of a first sergeant of Infantry. (June 3, 1916, c. 134, § 22, 39 Stat. 181, amended, July 9, 1918, c. 143, subchapter XVII, § 2, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, subchapter XVII, § 2, cited above, by adding thereto the proViso, as set forth above. § 1991 a.a. Commissions to citizens of Aus- trian or German birth—American citizens of Aus- trian or German birth, or who were born in alien enemy territory, who have passed the necessary ex- amination and whose loyalty is unquestioned, may, in the discretion of the Commander in Chief of the Army and Navy, be commissioned in the United States Army or Navy. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2016.a.a. Translators for Army Service Sehools and School of Fire for Field Artillery, and Infantry School of Arms—Not exceeding $200 per month may be used for the payment of $100 per month to a translator at the Army Service Schools, Fort Leavenworth, Kansas, and $100 per month to a translator at the School of Fire for Field Artil- lery, and the Infantry School of Arms, Fort Sill, Oklahoma, to be appointed by the commandants of the schools named, with the approval of the Secre- tary of War. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act May 12, 1917, c. 12, 40 Stat. 41. § 2019b. Prostitution near cantonments pro- hibited—During the present emergency it shall be unlawful, within such reasonable distance of any military Camp, station, fort, post, cantonment, train- ing or mobilization place as the Secretary of War Shall determine to be needful to the efficiency and Welfare Of the Army, and shall designate and pub- lish in general Orders or bulletins, to engage in pros- titution or to aid or abet prostitution or to pro- Cure or solicit for purposes of prostitution, or to keep or set up a house of ill fame, brothel, or bawdy house, or to receive any person for purposes of lewdness, as: signation, or prostitution into any vehicle, Convey= . ance, place, Structure, or building, or to permit any person to remain for purposes of lewdness, assigna- tion, or prostitution in any vehicle, COnveyance, place, Structure, or building; and any person, COrporation, partnership, or association Violating the provisions of this chapter shall, unless otherwise punishable un- der the Articles of War, be deemed guilty of a mis- demeanor and be punished by a fine of not more than $1,000, or by imprisonment for not more than One year, Or by both such fine and imprisonment, and any person subject to military law violating this Chapter shall be punished as provided by the Articles. of War; and the Secretary of War is hereby author- fººd, empowered, and directed to do everything by - him deemed necessary to suppress and prevent viola- tion thereof. - (May 18, 1917, c. 15, § 13, 40 Stat. 83, gººd July 9, 1918, c. 143, subchapter xIV, 40 3.15. - - This Section was amended by Act Jul subchapter XIV, cited above, to read as # tº: 1. Sºnally enacted said section read as follows: ºº sé. retary of War is hereby authorized, empowered, and di- rected during the present war to do everything by him deemed necessary to suppress and prevent the keeping or setting up of houses of ill fame, brothels, or bawdy houses within such distance as he may deem néedful of any mil- itary, Camp, station, fort, post, cantonment. training or mobilization place and any person, Corporation, partner- ship, or association receiving or permitting to be received . . for immoral purposes any person into.any place, structure or building, used for the purpose of lewdness, assignation. or prostitution within such distance of said places as Inay be designated, or shall permit any such person to remain for immoral purposes in any such place, structure, or building as aforesaid, or who shall violate any order, rule, or regulation issued to carry out the object and purpose of -this section shall, unless otherwise punishable under the Articles of War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000, or impris. onment for not more than twelve months, or both.” § 2019.e. Remains of officers, soldiers, civilian employés, and others—Disposition of remains of of- ficers, soldiers, civilian employees, and so forth: For interment, or of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, cadets, United States Military Academy, including acting assistant Surgeons and enlisted men in active service; interment, or of preparation and transporta- tion to their homes, of the remains of civil employees of the Army in the employ of the War Department Who die abroad, in Alaska, in the Canal Zone, or on APPENDIX IPage 1756] Army transports, or who die while on duty in the field or at military posts within the limits of the TJnited States; interment of military prisoners who die at military posts; removal of remains from aban- doned posts to permanent military posts or national Cemeteries, including the remains of Federal soldiers, sailors, or marines, interred in fields or abandoned private and City Cemeteries; and in any case where the expenses of burial or shipment of the remains of Officers or enlisted men of the Army who die on the active list are borne by individuals, where such ex- penses Would have been lawful claims against the Government, reimbursement to such individuals may be made Of the amount allowed by the Government for Such Services Out of this sum, but no reimburse- ment shall be made of such expenses incurred prior to July first, nineteen hundred and ten + + : Pro- vided, That during the continuance of the present war the above provisions shall be applicable in the Cases of Officers and enlisted men. On the retired list Of the Army who have died or may hereafter die While On active duty by proper assignment. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. § 2019d. Care of persons discharged from military service—The President of the United States is hereby authorized and empowered to make provision for Such Care and treatment as he may deem advisable of persons discharged from the mili- tary or naval forces of the United States on account of physical disability who are citizens of any nation at war with a nation with which the United States is at war; but such provision shall be made only for the citizens of a nation that makes suitable provi- Sion for the care and treatment of persons discharg- ed from military or naval forces on account of physi- Cal disability Who are citizens of the United States: Provided, That such care and treatment shall in no Case exceed the Care and treatment authorized by law and regulations for members of the Army and Navy Of the United States discharged from the mili- tary or naval service for like cause. (July 9, 1918, c. 143, subchapter VIII, 40 Stat.) This Was a part of the Army appropriation act for the fiscal year 1919, cited above. SELECTIVE DRAFT ACT § 2044b. Voluntary enlistment or draft to maintain National Guard organizations; selec- tive draft for other forces; persons subject to; quotas, etc.—The enlisted men required to raise and maintain the Organizations of the Regular Army and to Complete and maintain the Organizations embodying the members of the National Guard drafted into the service of the United States, at the maximum legal strength as by this Act provided, shall be raised by voluntary enlistment, Or if and whenever the Presi- dent decides that they can not effectually be so raised or maintained, then by selective draft; and all other forces hereby authorized, except as provided in the Seventh paragraph of section one, shall be raised and maintained by Selective draft exclusively ; but this provision shall not prevent the transfer to any force of training cadres from other forces. Such draft as herein provided shall be based upon liability to mil- itary Service Of all male Citizens Or male perSOnS not alien enemies who have declared their intention ‘to become citizens between the ages of twenty-One and thirty years, both inclusive, and shall take place and be maintained under such regulations as the President Imay prescribe not in COnSistent with the terms of this Act: Provided, That a citizen or subject Of a COUntry neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance With Such regulations as the President may prescribe, with- drawing his intention to become a citizen of the Unit- ed States, which shall operate and be held to cancel his declaration of intention to become an American Citizen and he shall forever be debarred from becom- ing a citizen of the United States. Quotas for the Several States, Territories, and the District of Colum- bia, Or Subdivisions thereof, shall be determined in proportion to the population thereof, and credit shall be given to any State, Territory, District, or Subdi- Vision thereof, for the number of men who were in the military service of the United States as mem- bers of the National Guard on April first, nineteen hundred and seventeen, or who have since date en- tered the military service of the United States from any such State, Territory, District, or subdivision, either as members of the Regular Army or the Nation- al Guard. All persons drafted into the service of the United States and all officers accepting commissions in the forces herein provided for shall, from the date of said draft or acceptance, be subject to the laws and regulations governing the Regular Army, except as to promotions, so far as such laws and reg- ulations are applicable to persons whose permanent Tetention in the military service On the active or re- tired list is not contemplated by existing law, and those drafted shall be required to serve for the pe- riod of the existing emergency unless sooner dis- charged : Provided, That the President is authorized to raise and maintain by voluntary enlistment or draft, as herein provided, special and technical troops as he may deem necessary, and to embody them into Organizations and to officer them as provided in the third paragraph of section one and section nine of this Act. Organizations of the forces herein provided for, except the Regular Army and the divisions au- thorized in the seventh paragraph of section one, Shall, as far as the interests of the service permit, be COmposed Of men who come, and of officers who are appointed from, the same State or locality. (May 18, 1917, c. 15, § 2, 40 Stat. 77, amended, July 9, 1918, c. 143, subchapter XII, § 4, 40 Stat.) f This section was amended by Act July 9, 1918, c. 143, subchapter XII, § 4, cited above, by changing the second sentence of the section to read as set forth above. As Originally enacted, said sentence read as follows: “Such draft as herein provided shall be based upon liability to military service of all male citizens, or male persons not alien enemies who have declared their intention to become citizens, between the ages of twenty-one and thirty years, both inclusive, and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act.” § 2044g. Voluntary enlistments; grouping en- Iisted or drafted men; units—The qualifications and conditions for voluntary enlistment as herein provided shall be the same as those prescribed by existing law for enlistments in the Regular Army, except that re- cruits for service in the staff corps and departments may be accepted who are between the ages of forty- one and fifty-five years, both inclusive, at the time of their enlistment, and that all other recruits must be between the ages of eighteen and forty years, both inclusive, at the time of their enlistment; and Such enlistment shall be for the period of the existing emer- gency unless sooner discharged. All enlistments, in- cluding those in the Regular Army Reserve, which are in force on the date of the approval Of this Act and which would terminate during the emergency shall continue in force during the emergency unless sooner discharged ; but nothing herein contained shall be construed to shorten the period of any existing en- listment: Provided, That all persons enlisted or draft- ed under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political subdivisions of the same: Provided fur- ther, That all persons who have enlisted since April first, nineteen hundred and Seventeen, either in the Regular Army or in the National Guard, and all per- sons who have enlisted in the National Guard since June third, nineteen hundred and sixteen, upon their application, Shall be discharged upon the termination Of the existing emergency. The President may provide for the discharge of any Or all enlisted men Who Se Status With respect to de- APPENDIX. IPage 1757] pendents renders such discharge advisable; and he may also authorize the employment On any active duty of retired enlisted men of the Regular Army, either with their rank On the retired list Or in higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. (May 18, 1917, C. 15, § 7, 40 Stat. 81, amended, July 9, 1918, c. 143, Sub- chapter XIII, 40 Stat.) *-*. This section was amended by Act July 9, 1918, c. 143, subchapter XIII, cited above, by changing the first sen- tence of the section to read as set forth above. As Orig- inally enacted, said sentence read as follows: “The quali- fications and conditions for voluntary enlistment as herein provided shall be the same as those prescribed by existing iaw for enlistments in the Regular Army, except that recruits must be between the ages of eighteen and forty years, both inclusive, at the time of their enlistment; and such enlistments shall be for the period of the emergency unless sooner discharged.” § 2044r. Credits for payments for rents con- nected with enforeement of selective service law —All payments made by disbursing Officers appoint- ed in connection with the execution of the Selective service law for rents unsupported by a lease may be passed to their credit by the accounting Officers Of the Treasury if otherwise correct. (July 9, 1918, C. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2044s. Method of determining quotas for military service—In the determination of quotas for the several States, Territories, and the District Of Columbia, or subdivisions thereof, to be raised for military service under the terms of the Act entitled “An Act to authorize the President to increase tem- porarily the Military Establishment of the United States,” approved May eighteenth, nineteen hundred and seventeen, the provisions of the joint resolution approved May sixteenth, nineteen Hundred and eight- een, providing for the calling into military Service Of certain classes of persons registered and liable for military service under the Said Act, shall apply to any or all forces heretofore or hereafter raised under the provisions of said Act for any State, Territory, District, or subdivision thereof, from and after the time when such State, Territory, District, or Subdivi- sion thereof has completed or completes its quota of forces called and furnished under the President's proclamation dated July twelfth, nineteen Inundred and seventeen. (July 9, 1918, c. 143, Subchapter XI, 40 Stat.) This was a part of the Army appropriation act for the fiscal year 1919, cited above. § 2044t. Enlistment of men outside draft age —ſhat during the present war the President be, and he is hereby, authorized to enlist for Service in the . offices of the War Department or under its Control Or on detached service under its jurisdiction men Out- side the draft ages, and for the same purpose to draft men within such ages, who have been disqualified by minor physical defects for active service in the Army; to establish regulations under which Such enlistments may be made, and to fix the pay and allowances of men so enlisted or drafted, which said pay and al- lowances shall not exceed those of enlisted men of the Regular Army. (July 9, 1918, c. 143, Subchapter XX, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2044 u. Increase of , drafted Army–The au- thority conferred upon the President by the Act ap- proved May eighteenth, nineteen hundred and Seven- teen, entitled “An Act to authorize the President to increase temporarily the Military Establishment Of the United States,” is hereby extended SO as to all- thorize him during each fiscal year to raise by draft as provided in said Act and Acts amendatory there- of the maximum number of men. Which may be Or- ganized, equipped, trained, and used during Such year for the prosecution of the present war until the same Shall have been brought to a Successful conclusion. (July 9, 1918, c. 143, subchapter XXI, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - REGISTRATION AND DRAFTING OF ALIENS § 2044%(a). Proclamation; persons subject to —The President may by proclamation set a day or days and place or places for the registration for mili- tary service Of male aliens within designated ages residing within the United States who are citizens or Subjects of a foreign country with whose Government the United States has concluded Or hereafter concludes a COnvention Or agreement in a CCOrdance With the terms of which its citizens or subjects within desig- nated ages, residing within the United States, become under Certain COnditions liable to be drafted into the military service Of the United States; that upon proc- lamation by the President stating the time and place Of such registration it shall be the duty of any such alien, unless exempted from registration by the terms of the President’s proclamation, to present himself for and Submit to registration under the provisions of the Act approved May eighteenth, nineteen hundred and seventeen, entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States,” and all amendments thereto, and he shall thereupon be registered in the same man- ner as those previously registered under the terms of said Act; and every such alien shall be deemed to have notice of the requirements of said Act and this joint resolution upon the publication by the President Of any such proclamation, and any such alien who shall willfully fail or refuse to present himself for registration or to submit thereto shall be subject to all the provisions and liable to all the penalties pro- vided in said Act or any amendment thereto. (July 9, 1918, c. 143, subchapter XII, § 1, 40 Stat.) This section, and the two sections next following, were a part of the Army appropriation act for the fiscal yea 1919, cited above. { § 204434(b). Liability to military service; ex- emptions—Any such alien, when registered, shall be and remain liable to military service in the forces of the United States and subject to draft under the pro- visions of said convention or agreement and of Said Act and all amendments thereto, and subject to such regulations as the President may have prescribed or may prescribe under the terms thereof, unless during the period specified in the convention or agreement concluded with the country whereof he is a Citizen or subject and designated in the President’s procla- mation, he shall have enlisted or enrolled in the mili- tary forces of his own country or returned to his own country for the purpose of enlisting or enrolling in its military forces, or unless the country whereof he is a citizen or Subject, through its diplomatic repre- Sentatives, in accordance with the terms Of the COIn- vention or agreement concluded between the United States and such foreign country, shall issue to Such alien a certificate of exemption from military Service. (July 9, 1918, c. 143, subchapter XII, § 2, 40 Stat.) See note to § 2044% (a). § 204434(c). Persons subject to act—Any such alien, after the expiration of the time fixed by the President's proclamation within which he may enlist or enroll in the military forces of his Own Country, return to his own country for the purpose of military service, or be exempted through the diplomatic rep- resentative of the country whereof he is a citizen or subject, shall be and remain subject in all respects . to the terms, provisions, liabilities, and penalties of said Act and all amendments thereto, except as modi- fied by the terms of the convention or agreement Con- cluded between the United States and the COuntry whereof such alien is a citizen or Subject, and shall be subject to such regulations as the President may Have prescribed or may prescribe under the terms of said Act. (July 9, 1918, c. 143, Subchapter XII, § 3, 40 Stat.) See note to § 2044% (a). APPENDIX IPage 175SI SLAVIC IIEGION § 2044%. Enlistment in; training and use of Legion—Under such regulations as the President may prescribe, a force of volunteer troops in such unit or units as he may direct may be raised to be composed Of Jugo-Slavs, Czecho Slovaks, and Ruthenians (Ukran- ians) belonging to the oppressed races of the Austro- Hungarian or German Empire resident in the United States but not citizens thereof nor subject to the draft. Such force shall be known as the Slavic Legion Ol' by Such Other description as the President may pre- Scribe. No man shall be enlisted in it until he has furnished satisfactory evidence that he will faithfully and loyally serve the cause of the United States and that he desires to fight the Imperial governments of Germany and Austria-Hungary, and the allies thereof. The force so raised and duly sworn into the service may be equipped, maintained, and trained with our OWn troops Or separately as the President may di- rect and thereafter may be transported to such field of action as the President may direct to be used against the Common enemy in Connection with our Own troops Or with those of any nation associated with the United States in the present war; and the several items of expense involved in the equipment, maintenance, train- ing, and transportation of Such force may be paid from the respective appropriations herein made or from any Subsequent appropriations for the same. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - - Chapter Two—Retirement § 2077 a. Retired officers on active duty—When any retired Officer of the Army is, in the discretion of the President, employed on active duty and assigned to duty in an arm, corps, department, Or organization, he shall, for all purposes, except promotion, be con- sidered an Officer of Such arm, Corps, department, or Organization while SO serving, and shall be an extra number therein. (July 9, 1918, c. 143, subchapter XX, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2080a. Assignment of retired officers to ac- tive duty; rank, pay, and allowances—Hereafter any retired officer, who has been or shall be detailed on active duty, shall receive the rank, pay, and al- lowances of the grade, not above that Of Colonel, that he would have attained in due course of promotion if he had remained. On the active list for a period be- yond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement. (June 3, 1916, c. 134, § 24, 39 Stat. 183, amended, July 9, 1918, c. 143, sub- chapter XVII, § 4, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, subchapter XVII, § 4, cited above, by substituting for the word “major” the word “colonel,” as set forth above. Chapter Three—Pay and Allowances § 2091a. Pay of officers and men other than of Regular Army—Officers and enlisted men of the forces of the Army of the United States Other than the Regular Army who have had service in the Na- tional Guard and Organized Militia of any State, Ter- ritory, or District, but who have entered the service in the forces of the Army of the United States, oth- erwise than through draft under the provisions Of section one hundred and eleven of the Act of June third, nineteen hundred and sixteen, known as the national defense Act, Shall be upon the same footing as to pay and allowance as the members of said forces who were drafted under the provisions Of Said Sec- tion. (July 9, 1918, c. 143, 40 Stat.) This Section was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 2110. [Repealed and superseded.] This section (Act March 4, 1912, c. 50), relating to leaves of absence to members of the Nurse Corps, was repealed by a provision of Act July 9, 1918, c. 143, subchapter V, § 7. Said repealing provision was as follows: “That séc- tion nineteen of chapter one hundred and ninety-two of Thirty-first Statutes, page seven hundred and fifty-three; chapter fifty of Thirty-seventh Statutes, page seventy-two; that part of the Act approved August twenty-fourth, nine- teen hundred and twelve (Thirty-seventh Statutes, page five hundred and seventy-five), providing for allowances, subsistence, and medical care during illness for the Su- perintendent of the Nurse Corps; and that part of the Act approved March twenty-third, nineteen hundred and ten (Thirty-sixth Statutes, page two hundred and forty- nine) prescribing the pay of the superintendent and mem- bers of the Nurse Corps, be, and the same are, hereby repealed.” " . - This section was also superseded by further provisions of said Act July 9, 1918, c. 143, subchapter V, set forth ante, §§ 1832b-1832g. . - - § 21.18aa. Quarters; commutation; persons entitled to—For commutation of quarters and Of heat and light to commissioned officers, members of the Nurse Corps, and enlisted men on duty at places where no public quarters are available, including en- listed men of the Regular Army Reserves and re- tired enlisted men when ordered to active duty, and for every commissioned officer of the Army of the United States on duty in the field, Or on active duty without the territorial jurisdiction of the United States, who maintains a place of abode for a wife, child, or dependent parent, for whom no public quar- ters are available. * * (July 9, 1918, c. 143, 40 Stat.) - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 2118d. Housing of officers serving in the Canal Zone—EIereafter officers of the Army pertain- ing to the United States troops serving in the Canal Zone shall not be required to pay rent for the OCCu- pancy of houses of the Panama Canal to which they may be assigned. (July 9, 1918, c. 143, 40 Stat.) - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2126h. Travel expenses; enlisted men inei- dent to entry on or relief from active duty-In the discretion of the Secretary of War, and under Such regulations as he may prescribe, travel pay at the rate now prescribed by law for discharged soldiers may be given to all enlisted men for whom the law au- thorizes travel allowances as an incident to their en- try upon and relief from active duty with the Army. (July 9, 1918, c. 143, 40 Stat.) - This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 2136aa. Transportation of mounts of de- ceased officers—Hereafter, under Such regulations as the Secretary of War may prescribe, authorized mounts of officers who die in the Service may, Within ninety days after the death of the officer, be trans- ported at public expense from their last duty station to such places within the limits of the United States as may be the home of their families, Ör as may be designated by their legal representatives or executors, or such mount may be disposed of as directed by Such representatives or executors. (July 9, 1918, c. 143, subchapter XVIII, 40 Stat.) - - This was a part of the Army appropriation act for the fiscal year 1919, cited above. ... " § 2136b. Transportation of mounts of officers ordered for duty to Alaska or overseas–Hereafter, under such regulations as the Secretary of War may direct, the authorized horses of mounted officers or- dered for duty over the seas or to Alaska may be transported at public expense to remount depots or elsewhere in the United States for Safekeeping dur- ing the absence of such officers: (July 9, 1918, c. 143, 40 Stat.) . This was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 2136c. Transportation of baggage of deceas- ed civilian employés—Hereafter, under such regula- tions as the Secretary of War may prescribe, trans- portation at public expense may be provided for the baggage of civilian employees who die in the service from their last duty station to such places within the limits of the United States as may be the home of APPENDIX IPage 1759] their families, or as may be designated by their legal representatives or executors. (July 9, 1918, c. 143, subchapter XVIII, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - . § 2144a. Pay of certain enlisted men—Here- after the monthly pay of enlisted men of certain grades Of the Army Created in this Act Shall be as follows, namely: Quartermaster sergeant, senior grade, Quartermaster Corps; master hospital ser- geant, Medical Department; master engineer, Senior grade, Corps of Engineers; and band leader, Infantry, Cavalry, Artillery, and Corps of Engineers, $75; hospital sergeant, Medical Department; and master engineer, junior grade, Corps of Engineers, $65; ser- geant, first class, Medical Department, $50; sergeant, first class, Corps of Engineers; regimental supply sergeant, Infantry, Cavalry, Field Artillery, and Corps of Engineers; battalion supply sergeant, Corps and assistant engineer, Coast Artil- Of Engineers; lery Corps, $45; assistant band leader, Infantry, Cav- alry, Artillery, and Corps of Engineers; and Ser- geant bugler, Infantry, Cavalry, Artillery, and Corps of Engineers; $40; musician, first class, Infantry, Cavalry, º: and Corps of Engineers; supply Sergeant, mes - of Engineers; sergeant Medical Department, $36; supply sergeant, Infantry, Cavalry, and Artillery; mess sergeant, Infantry, Cavalry, and Artillery; cook, Medical Department; horseshoer, Infantry, Cavalry, Artillery, Corps Of Engineers, Signal Corps, and Med- ical Department; stable sergeant, Infantry and Cav- alry; radio sergeant, Coast Artillery Corps; and musicians, second class, Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artillery, and Corps of Engineers; corporal, Medical Department, $24; saddler, Infantry, Cavalry, Field Artillery, Corps of Engineers, and Medical Department; mechanic, Infantry, Cavalry, and Field Artillery, and Medical Department; farrier, Medical Department; and wagoner, Infantry, Field Artillery, and Corps of Engineers, $21; private, first Class, Infantry, Cavalry, Artillery, and Medical De- partment, $18; private, Medical Department, and bugler, $15. Nothing herein contained shall operate to reduce the pay or allowances now authorized by law for any grade of enlisted men of the Army: Provided, That enlisted men who are now qualified, or who may hereafter qualify, as expert military te- legraphers, shall receive $5 a month ; as first-class military telegraphers, $3 a month; as military teleg- raphers, $2 a month; all in addition to their pay, under such regulations as the Secretary of War may prescribe, but no enlisted man shall receive at the Same time additional payºfor more than one of the classifications named. (June 3, 1916, c. 134, § 28, 39 Stat. 186, amended, July 9, 1918, c. 143, subchapter XVII, § 5, 40 Stat.) - - This section was amended by Act July 9, 1918, c. 143, proviso, as set forth above. § 2205a. Valuation of foreign moneys paid out by disbursing officers—For payment of ex- Subchapter XVII, § 5, cited above, by adding thereto the Change by acting quartermasters serving in foreign Countries and when specially authorized by the Secre- tary of War by officers disbursing funds pertaining to the Quartermaster Corps when serving in Alaska, and all foreign money received shall be charged to and paid out by disbursing officers of the Quarter- master Corps at the legal valuation fixed by the Sec- retary of the Treasury. * * 40 Stat.) * This was a provision of the Army appropriation act for the fiscal year 1919, cited above. Chapter Four—The Military Academy § 2207a. Quarters for civilian instructors in departments of modern languages and tactics– [The] these Civilian instructors employed in the de- partment of modern languages and the department of Sergeant, and stable sergeant, Corps (July 9, 1918, c. 143, tactics shall be entitled to public quarters and to the Same allowances, with respect to fuel and light as those of a first lieutenant when occupying public Quarters. (June 27, 1918, c. 108, 40 Stat.) This Was a provision accompanying an appropriation for two expert assistant civilian instructors in military gym- nastics, fencing, boxing, wrestling, and swimming, in the Military Academy appropriation act for the fiscal year 1919, cited above. § 2230c. Cadets; number and appointment— The Corps of Cadets of the United States Military Academy shall hereafter consist Of two from each Congressional district, two from each Territory, four from the District of Columbia, two from natives of Porto Rico, four from each State at large, and eighty- two from the United States at large, twenty of Whom shall be selected from among the hOnor gradu- ates of educational institutions having officers of the Regular Army detailed as professors of military science and tactics under existing law or any law hereafter enacted for the detail of officers of the Regular Army to such institutions, and which insti- tutions are designated as “honor schools,” upon the determination of their relative standing at the last preceding annual inspection regularly made by the War Department, and two Of whom shall be selected from persons recommended by the Vice President. They shall be appointed by the President and shall, with the exception of the eighty-two appointed from the United States at large, be actual residents of the Congressional or territorial district, or of the District of Columbia, or of the Island of Porto Rico, or of the States, respectively, from which they purport to be appointed. (July 9, 1918, c. 143, subchapter XXII, 40 Stat.) - This was a part of the Army appropriation act for the fiscal year 1919, cited above. § 2267a. Cadets; rations; commutation—For payments: Of commutation of rations to the Cadets of the United States Military Academy in lieu of the regular established ration, at the rate of 68 cents per ration. (July 9, 1918, c. 143, 40 Stat.) This was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 2270. Band-The Military Academy Band shall hereafter COnsist Of One teacher Of music, Who shall be the leader of the band, One enlisted band Sergeant and assistant leader, and Of fifty enlisted musicians. The teacher of music shall receive the pay and have the rank of a first lieutenant, not mounted; the en- listed band sergeant and assistant leader shall receive $972 per year; and of the enlisted musicians of the band, fifteen shall each receive $51 per month, fif- teen shall receive $44 per month, and the remaining twenty shall each receive $38 per month, and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians Of the Regular Army; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band Shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other officers or enlisted men of the Army. (R. S. § 1111, amended, March 2, 1901, c. 804, 31 Stat. 912, March 3, 1905, c. 1404, 33 Stat. 853, and June 27, 1918, c. 108, 40 Stat.) This section was again amended by Act June 27, 1918, c. 108, cited above, to read as Set forth above. § 2273a. Retirement of “order and purchas- ing clerk”—The clerk now holding the position of “Order and purchasing clerk” in the quartermaster's office shall, on his own application, after fifty years in - the military and Civil service of the United States, be entitled to be placed on the retired list of the Army With the pay of a retired pay clerk, Quartermaster Corps, of the same period of service. (June 27, 1918, c. 108, 40 Stat.) - - This Was a provisi : T : 4: - r priation act Foº º *...*.*.* 1; ". ºny appro- § 2275a. Battalion sergeant major; rank, pay, allowances, "and retirement—For pay of one APPENDIX [Page 17601 - battalion sergeant major, Infantry " * : That the enlisted man in the headquarters, United States Corps of Cadets, performing that duty has the rank, pay, and allowances of that grade: And provided further, That if performing the above du- ties at time of retirement the said enlisted man shall be retired with the rank, pay, and allowances of a retired sergeant major, Infantry. (June 27, 1918, c. 108, 40 Stat.) . This section, and the three sections next following, Were provisions of the Military Academy appropriation act for the fiscal year 1919, cited above. § 22756. Same; rank, pay, and allowances- For pay of one battalion sergeant major, Infantry * * : Provided, That the enlisted man at headquar- ters, United States Military Academy, performing that duty shall have the rank, pay, and allowance of that grade. (June 27, 1918, c. 108, 40 Stat.) - See note to § 2275a. . . . § 2275c. Sergeants, Coast Artillery—For pay of four sergeants (Coast Artillery) to be used as aS- sistant noncommissioned instructors of Cadets and for the purpose of military administration to be attach- ed to the United States Military Academy detachment of Field Artillery. * * (June 27, 1918, c. 108, 40 Stat.) See note to § 2275a. § 2275d. Enlisted men; extra pay—Extra pay, not to exceed 50 cents per day, may be paid enlisted men from any item under Current and Ordinary Ex- penses, Miscellaneous Expenses, and Buildings and Grounds, for labor involved, when in the Opinion of the superintendent this will result in economy to the Government and the employment of enlisted men On Such labor will not interfere with their regular du- ties. (June 27, 1918, c. 108, 40 Stat.) See note to § 2275a. Chapter Five—Articles of War § 2308a. Articles of War. II. COURTS-MARTIAL G. ACTION BY APPOINTING OR SUPERIOR AUTHORITY Art. 52. Suspension of sentence—The authori- ty Competent to Order the execution of the sentence Of a Court-martial may, at the time of the approval of such sentence, suspend the execution, in whole or in part, of any such sentence as does not extend to death, and may restore the person under sentence to duty during Such suspension. A sentence, or any part thereof, which has been so suspended may be remitted, in whole or in part, except in cases of per- sons confined in the United States Disciplinary Bar-, racks or its branches, by the officer who suspended the same, by his successor in office, or by any officer exercising appropriate Court-martial jurisdiction over the command in which the person under sentence may be serving at the time, and, subject to the foregoing exceptions the same authority may vacate the Order of suspension at any time and order the execution of the Sentence Or the Suspended part thereof in So far as the same shall not have been previously remitted. The death. Or honorable discharge of a person under suspended Sentence Shall Operate as a complete re- mission of any unexecuted or unremitted part of such sentence. (R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 659, and July 9, 1918, c. 143, Sub- chapter X, 40 Stat.) See April 27, 1914, c. 72, 38 Stat. 354. - Art. 53. Execution or remission; confinement in disciplinary barracks—When a sentence of dis- honorable discharge has been suspended until the Soldier's release from Confinement, the execution or remission. Of any part of his sentence shall, if the Soldier be confined in the United States Disciplinary Barracks, Or any branch thereof, be directed by the Secretary Of War. (R. S. § 1342," amended, Aug. 29, Provided, 1916, c. 418, § 3, 39 Stat. 659, and July 9, 1918, c. 143, subchapter X, 40 Stat.) III. PUNITIVE ARTICLES A. ENLISTMENT; MUSTER; RETURNS Art. 57. False returns; onlission to render re- turns—Every officer commanding a regiment, an in- dependent troop, battery, Or Company, or a garrison shall, in the beginning of every month, transmit through the proper channels, to the Department Of War, an exact return of the same. Every Officer whose duty it is to render to the War Department or other Superior authority a return of the state of the troops under his command, or of the arms, ammunition, clothing, funds, Or other property thereunto belong- ing, who knowingly makes a false return thereof shall be dismissed from the service and Suffer such other punishment as a court-martial may direct. And any officer who, through neglect or design, Omits to render Such return shall be punished as a Court-malº- tial may direct. (Articles of War, 9, 8, 18, 19. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 660, and July 9, 1918, c. 143, subchapter X, 40 Stat.) V. MISCELLANEOUS PROVISIONS Art. 112. Effects of deceased persons; dis- position of—In case of the death of any person sub- ject to military law, the Commanding Officer of the place of Command Will permit the legal representative or widow of the deceased, if present, to take posses- sion of all his effects then in camp Or quarters, and if no legal representative Or Widow be present, the commanding Officer shall direct a Summary Court to secure all such effects ; and said Summary COurt shall have authority to collect and receive any debts due decedent’s estate by local debtors; and as Soon as practicable after the Collection of Such effects said summary court shall transmit such effects, and any money collected, through the Quartermaster Depart- ment, at Government expense, to the widow or legal representative of the deceased, if such be found by said court, or to his son, daughter, father, mother, brother, or sister, in the Order named, if such be found by said court, or to the beneficiary named by the deceased, if such be found by Said Court, and such court shall thereupon make to the War Depart- ment a full report of its transactions; but if there be none of the persons hereinabOWe named; or such persons or their addresses are not known to, or read- ily ascertainable by, said court, and the Court shall so find, said summary Court shall have authority to convert into cash, by public or private Sale, not ear- lier than thirty days after the death of the deceased, all effects of the deceased, except Sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes; and as soon as practicable after Converting Such effects into cash said summary court shall deposit With the proper officer, to be designated in regulations, any cash belonging to decedent’s estate, and Shall trans- mit a receipt for such deposits, any Will Or other pa- pers of value belonging to the deceased, any sabers, insignia, decorations, medals, Watches, trinkets, manu- scripts, and other articles valuable chiefly as keep- sakes, together with an inventory of the effects Se- cured by said summary court, and a full account of its transactions to the War Department for trans- mission to the Auditor for the War Department for action as authorized by law in the Settlement of the accounts of deceased officers and enlisted men of the Army. - The provisions of this article shall be applicable to inmates of the United States Soldiers' Home who die in any United States military hospital Outside of the District of Columbia where sent from the home for treatment. (Articles of War 94, 95, 125–127. R. S. § 1342, amended, Aug. 29, 1916, c. 418, § 3, 39 Stat. 668, and July 9, 1918, c. 143, subchapter X, 40 Stat.) JAPPENDIX ,-- TITLE XV_THE NAVY Chapter One—Organization § 247 laaa. Admirals and vice admirals—The officers of the Navy holding the rank and title Of Ad- miral and Vice Admiral in the Navy while holding such rank and title shall receive the allowances Of a General and Lieutenant General of the Army, re- spectively. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 2483g. Temporary additional officers in Navy and Marine Corps; number—Additional COm- missioned officers in the Navy and Marine Corps, bas- ed upon the temporary increases herein authorized in the number of enlisted men, shall be temporarily appointed by the President, in his discretion, With the advice and consent of the Senate, not above the grades and ranks of lieutenant commander in the line and staff of the Navy and major in the Marine Corps, the distribution in said grades and ranks to be made in accordance with the provisions of the Act of August twenty-ninth, nineteen hundred and Six- teen: Provided, That all temporary Original appoint- ments shall be made in the lowest commissioned grades of the line and staff of the Navy and Marine Corps, exclusive of commissioned warrant officers, and that there shall be no permanent or temporary appoint- ments in or permanent or temporary promotions to any grade or rank above that of lieutenant Commander in the Navy or major in the Marine Corps by reason of the temporary appointment of officers authorized by this Act, in excess of the total number of officers authorized by existing law or on account of the in- crease of enlisted men herein authorized: Provided further, That, during the period of the present War, the deficiency existing prior to the passage of this Act in the total number of commissioned officers of the Navy and Marine Corps authorized by the Act of August twenty-ninth, nineteen hundred and six- teen, may also be supplied by temporary appointments in the lowest grades and by temporary promotions to all other grades until a sufficient number of Of- ficers shall be available for regular appointment Or promotion in accordance with existing law: Provided further, That nothing herein shall be held or construed to limit or abridge the use or service of the Officers of the Navy and Marine Corps on the retired list Or of the officers of the Naval Militia and National Naval Volunteers, Naval Reserve Force, and Marine Corps Reserve, as provided and authorized under existing law. (May 22, 1917, c. 20, § 4, 40 Stat. 85, amended, July 1, 1918, c. 114, 40 Stat.) This section was amended by Act July 1, 1918, c. 114, cited above, by striking out the word “lieutenant,” wher- ever it appeared therein, and by substituting therefor the words “lieutenant commander.” § 2483]h. Same; temporary advancement and texmporary appointments—The additional temporary officers authorized in the various grades and ranks Of the Navy and Marine Corps in accordance with the next preceding section may be temporarily appoint- ed to serve in the grades or ranks to which appointed or promoted by the temporary advancement of Officers holding permanent and probationary Commissions, by temporary appointment of commissioned warrant Of- ficers, warrant officers, and enlisted men of the Navy, and warrant officers, noncommissioned officers, and clerks to assistant paymasters of the Marine Corps, Commissioned and warrant Officers Of the United States Coast Guard, citizens of the United States who have had previous naval or military service or train- ing, and other citizens of the United States special- ly qualified: Provided, That such chief warrant of- ficers as are given the temporary appointments pro- vided herein who were chief warrant officers in the permanent Navy On July first, nineteen hundred and seventeen, and were not given such temporary appoint- COMP.ST.’18—111 IIPage 17611 ments as of that date because of age restriction or ill health, Shall take rank and precedence with the other chief warrant officers temporarily appointed as of July first, nineteen hundred and seventeen, and aCCOrding to their Seniority as Chief warrant Officers in the permanent Service: Provided further, That in making appointments authorized herein the maxi- mum age limit shall be fifty years for enlisted men to ensign, enlisted men of the Navy to warrant rank, nonCOmmissioned Officers of the Marine Corps to Com- missioned rank, members of the Marine Corps branch of the Naval Militia and National Naval Volunteers, Marine Corps Reserve, and civilians specially qualified to COmmissioned rank, and temporary Chaplains and temporary acting chaplains: Provided further, That graduates Of the Naval Academy and warrant officers duly commissioned in the Navy or Marine Corps in accordance with existing law shall not, by virtue of this Act, be required to receive temporary appoint- ments ; and the Class Of midshipmen graduated from the Naval Academy on March twenty-ninth, nineteen hundred and seventeen, and the classes to be grad- uated hereafter, may be commissioned effective from date of graduation. (May 22, 1917, c. 20, § 5, 40 Stat. 85, amended, July 1, 1918, c. 114, 40 Stat.) This section was amended by Act July 1, 1918, c. 114, cited above, by striking out, after the words “shall be -fifty years,” the words “commissioned warrant officers, and.” § 2483i. Same; temporary promotion of lieu- tenants and ensigns—Lieutenants (junior grade) and, enSigns may be considered eligible for temporary pro- motions to the grades of lieutenant and lieutenant (junior grade), respectively, without regard to length of service in grade. (May 22, 1917, c. 20, § 5, amend- ed, July 1, 1918, c. 114, 40 Stat.) Act May 22, 1917, c. 20, § 5, of which this section formed a part, was amended by Act July 1, 1918, c. 114, cited above. This section was not affected by said amendment. For oth- er parts of said section 5, See ante, § 2483h, post, §§ 2554a, 2554aa, 2554bb. § 2483ii. Effect of amendment of Aet May 22, 1917, c. 114, §§ 4, 5–Nothing contained in the pre- Ceding amendments Of the Act of May twenty-Second, nineteen hundred and seventeen, shall be construed to reduce the pay Or allowances now authorized by law for any Commissioned, Warrant, Or appointed Of- ficer Or any enlisted man Of the active or retired lists of the Navy. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. Act May 22, 1917, c. 20, § 5, as amended, mentioned in this section, is set forth ante, 㺠*s. 2483h, 2483i, post, §§ 2541d, 2554a, 2554aa, 2554bb. 1b. § 2499. [Hepealed.] All laws relating to the Medical Reserve Corps are re- Fº by a provision of Act July 1, 1918, c. 114. See post, §93. $ 2499a. Medical Reserve Corps and Dental Reserve Corps; laws relating to repealed—That all laws heretofore enacted by Congress relating to the Medical Reserve Corps and Dental Reserve Corps be, and the same hereby are, repealed. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It was accompanied by a provision that members of Said Corps might be enrolled in the Naval Reserve Force, set, forth post, $ 2900%a (26%). § 2510. [Hepealed in part.] - So much of this section as relates to the Medical Re- serve Corps was repealed by a provision of Act July 1, 1918, c. 114, ante, § 2499a. §§ 251 la-2511 d. [Amended by providing substi- tutes therefor.] i These sections, which were provisions of the Naval ap propriation act for the fiscal year 1917, Act Aug. 29, 1916, c. 4.17, 39 Stat. 573, 574, were stricken out, and substitutes pro- vided therefor, by provisions of Act July 1, 1918, c. 114, post, §§ 2511e-2511i. º - § 251 le. Naval Dental Corps; officers; num- Ther and appointment—The President Of the United States is hereby authorized to appoint and commission, by and with the advice and consent of the Senate, den- tal Officers in the Navy at the rate Of One for each thousand Of the total authorized number of Officars APPENDIX - [Page 1762] - and enlisted men of the Navy and Marine Corps, in the grades of assistant dental Surgeon, passed as- Sistant dental Surgeon and dental surgeon, who shall COnstitute the Naval Dental Corps, and shall be a part of the Medical Department of the Navy. Orig- inal appointments to the Naval Dental Corps shall be made in the grade of assistant dental surgeon with the rank of lieutenant (junior grade), and all dental Officers now in the Dental Corps appointed under the provisions of the Act of Congress approved August tWenty-second, nineteen hundred and twelve (Statutes at Large, Volume thirty-seven, page three hundred and forty-five), or under the provisions of the Act of Congress approved August twenty-ninth, nineteen hundred and sixteen (Statutes at Large, volume thir- ty-nine, page five hundred and seventy-three), or, who Imay hereafter be appointed, shall take rank and precedence with officers of the Naval Medical Corps Of the same rank according to the dates of their re- Spective COImmissions or Original appointments, and all such dental officers shall be eligible for advance- ment in grade and rank in the same manner and under the same conditions as officers of the Naval Medical Corps with or next after whom they take precedence, and Shall receive the same pay and allowances as of ficers Of Corresponding rank and length of service in the Naval Medical Corps up to and including the rank of lieutenant commander: Provided, That den- tal Surgeons shall be eligible for advancement in pay and allowances, but not in rank, to and including the pay and allowances Of Commander and Captain, Sub- ject to such examinations as the Secretary of the Navy may prescribe, except that the number of dental Surgeons With the pay and allowances Of Captain shall not exceed four and One-half per centum, and the number of dental Surgeons with the pay and allow- ances of COmmander shall not exceed eight per centum Of the total authorized number of dental Officers: Provided further, That dental Surgeons shall be eligi- ble for advancement to the pay and allowances of com- mander and Captain. When their total active Service as dental Officers in the Navy is such that if rendered as officers of the Naval Medical Corps, it would place them in the list of medical officers with the pay and allowances of commander or captain, as the case may be : And provided further, That dental officers who shall have gained or lost numbers on the Navy list Shall be Considered to have gained Or lost service ac- Cordingly ; and the time served by dental Officers on active duty as acting assistant dental Surgeons and assistant dental Surgeons under provisions of law eXisting prior to the passage Of this Act shall be reck- Oned in Computing the increased service pay and service for precedence and promotion of dental offi- cers herein authorized or heretofore appointed. (Aug. 29, 1916, c. 417, amended, July 1, 1918, c. 114, 40 Stat.) This section, and the four sections next following, were provisions of the naval appropriation act for the fiscal year 1919, cited above. These sections were preceded by an amending clause as follows: “That the Act approved Au- gust twenty-ninth, nineteen hundred and sixteen, entitled “An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and sev- enteen, and for other purposes’ (Statutes at Large, vol- ume thirty-nine, chapter four hundred and seventeen, pages. five hundred and seventy-three and five hundred and sev- enty-four), be, and the same is hereby, amended by strik- ing out all of said Act following the caption ‘Naval Dental Corps’ on page five hundred and seventy-three, but preced- ing the caption “Dental Reserve Corps,” on page five hun- dred and seventy-four, and by substituting therefor the following.” The provisions of act referred to in said amendatory clause are provisions of Act Aug. 29, 1916, c. 4.17, 39 Stat. 573, 574. § 251 lif. Same; officers; qualifications—All ap- pointees authorized by this Act shall be citizens of the United States between twenty-one and thirty-two years Of age, and shall be graduates of standard medical Or dental COllegeS and trained in the Several branches of dentistry, and shall, before appointment, have successfully passed mental, moral, physical, and professional examinations before medical and pro- fessional examining boards appointed by the Secre- tary of the Navy, and have been recommended for appointment by such boards: Provided, That here- after no person shall be appointed as assistant den- tal Surgeon in the Navy who is not a graduate of a Standard medical or dental college. (July 1, 1918, c. 114, 40 Stat.) w See note to § 2511e. § 2511g. Same; officers; retirement—Officers of the Naval Dental Corps shall become eligible for retirement in the same manner and under the same COnditions as now prescribed by law for officers of the Naval Medical Corps, except that section four- teen hundred and forty-five Of the Revised Statutes Of the United States shall not be applicable to dental officers, and they shall not be entitled to rank above lieutenant commander on the retired list, or to re- tired pay above that of captain. (July 1, 1918, c. 114, 40 Stat.) - See note to § 2511e. . . * § 2511 h. Same; officers; permanent appoint- ment of probationary officers; retirement—All dental Officers now serving under probationary ap- pointments shall become immediately eligible for per- manent appointment under the provisions of this Act, Subject to the examinations prescribed by the Sec- retary Of the Navy for original appointment as dental Officers, and may be appointed assistant dental sur- geon with the rank of lieutenant (junior grade) to rank from the date of their probationary appoint- ments: Provided, That the Senior dental Officer now at the United States Naval Academy shall not be dis- placed by the provisions Of this Act, and he shall hereafter have the grade of dental surgeon and the rank, pay, and allowances of lieutenant commander, and he shall not be eligible for retirement before he has reached the age of seventy years, except for phys- ical disability incurred in the line of duty : Provided further, That no dental officer in the Navy who on Original appointment as dental officer was over forty years of age shall be eligible for retirement before he has reached the age of seventy years, except for physi- cal disability incurred in line of duty. (July 1, 1918, c. 114, 40 Stat.) - See note to § 2511e. § 251 li. Same; acts repealed—All Acts or parts Of Acts in COnsistent With the provisions of this Act relating to the Dental Corps Of the Navy are hereby repealed : Provided, That nothing herein contained shall be construed to legislate out of the service any Officer now in the Medical Department of the Navy Or to reduce the rank, pay, Or allowances now author- ized by law for any officer of the Navy. (July 1, 1918, c. 114, 40 Stat.) See note to § 2511e. §§ 2512, 25.12a. [Repealed in part.] So much of these sections as relate to the Naval Dental Reserve Corps were repealed by a provision of Act July 1, 1918, c. 114, ante, § 2499a. § 2541d. Chaplains; temporary and acting chaplaims—Temporary Chaplains and temporary act- ing chaplains in the Navy may be appointed for serv- ice during the period of the war in the proportion of the personnel of the Navy as now prescribed by existing law. (May 22, 1917, c. 20, § 4, 40 Stat. 85, amended, July 1, 1918, c. 114, 40 Stat.) This section, which was a part of section 4 of Act May 22, 1917, c. 20, was amended by Act July 1, 1918, c. 114, cited above, by amending the first part of said section, which is set forth ante, § 2483g, and by adding to the section a new proviso, which is set forth post, $ 2901b. This section was not affected by the amendatory act. § 2554a. Warrant officers; temporary ap- pointments—Temporary appointments as warrant officers of the Navy may be made by the Secretary of the Navy. (May 22, 1917, c. 20, § 5, 40 Stat. 86, amend- ed, July 1, 1918, c. 114, 40 Stat.) Act May 22, 1917, c. 20, § 5, of which this section forms a part, was amended by Act July 1, 1918, c. 114, cited above. This section was not affected by said amendment. For other parts of said section 5, see ante, §§ 2483h, 2483i, post, §§ 2554aa, 2554bb. APPENDIX IPage 17631 § 2554a.a. Chief warrant officers; temporary appointments—Temporary appointments as chief Warrant Officers may be made by the President with the consent of the Senate. (May 22, 1917, c. 20, § 5, amended, July 1, 1918, c. 114, 40 Stat.) This section was added by amendment to Act May 22, 1917, c. 20, § 5, cited above, by Act July 1, 1918, c. 114, also cited above. For other parts of said section 5, see ante, §§ 2483h, 2483i, 2554a, post, § 2554bb. § 2554bb. Additional Marine gunners and quartermaster clerks; temporary appointment- The temporary appointment for the war of seventy- six additional marine gunners, and seventy-six addi- tional quartermaster clerks, is authorized. (May 22, 1917, c. 20, § 5, amended, July 1, 1918, c. 114, 40 Stat.) This section was added to Act May 22, 1917, c. 20, § 5, cited above, by the amendatory Act of July 1, 1918, c. 114, also cited above. * § 2556a. Machinists; number—Pay Of the Navy: * * As many machinists as the President lmay from time to time deem necessary to appoint. (July 1, 1918, . c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act June 15, 1917, c. 29, § 1, 40 Stat. 210. § 2571a. Exnlisted men; number of appren- tice seamen—Pay of the Navy: * * Twenty-four thousand apprentice seamen under training at train- ing stations and on board training ships, at the pay prescribed by law. * * Stat.) - This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 4, 1917, c. 180, 39 Stat. 1181. § 2573aj4. Same; increase of strength—The authorized enlisted strength of the active list of the Navy is hereby increased from eighty-seven thousand to One hundred and thirty-One thousand four hundred and eighty-five. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. $ 2573a.a. Same; temporary increase in strength—The authorized enlisted strength of the active list of the Navy is hereby temporarily increased from One hundred and thirty-One thousand four hun- dred and eighty-five to One hundred and eighty-One thousand four hundred and eighty-five; the authorized number of apprentice seamen is hereby temporarily increased from six thousand to twenty-four thousand; and the authorized number of enlisted men of the Flying Corps is hereby temporarily increased from three hundred and fifty to ten thousand: Provided, That the phrase “authorized enlisted strength,” as applied to the personnel of the Navy, shall mean the total number of enlisted men of the Navy authorized by law, exclusive of the Hospital Corps, apprentice seamen, those Sentenced by COurt-martial to dis- charge, those detailed for duty with Naval Militia, those furloughed without pay, enlisted men of the Flying Corps, and those under instruction in trade Schools: Provided further, That the number Of en- listed men for instruction in trade Schools shall not at any time exceed fourteen thousand, which number is hereby temporarily authorized: Provided further, That the President is authorized, at any time during the period of the present war, when in his judgment it becomes necessary, temporarily to increase the au- thorized enlisted strength of the Navy, as provided for herein, by the addition of fifty thousand men. (May 22, 1917, c. 20, § 1, 40 Stat. 84, amended, July 1, 1918, c. 114, 40 Stat.) This section was amended by Act July 1, 1918, c. 114, cit— ed above, by striking out the section as originally enacted, and substituting therefor the provisions as set forth above. Said section, as originally enacted, read as follows: “The authorized enlisted strength of the active list of the Navy is hereby temporarily increased from eighty-seven thou- Sand to One hundred and fifty thousand, including four thousand additional apprentice seamen.” - - § 2579a. [Repealed in part.] So much of this section as authorized the payment of $5 to postmasters for each recruit secured by them and ac- cepted by the Navy and Marine Corps was repealed by Act July 2, 1918, c. 117, § 11, 40 Stat. . º (July 1, 1918, c. 114, 40 | Chapter Three—Retired Officers and Men of the Navy § 2653c. Active duty; officers ordered on; promotion, pay, and allowances—Hereafter, dur- ing the existence of War or of a national emergency declared by the President to exist, any commissioned Or warrant officer of the Navy, Marine Corps, or Coast Guard of the United States on the retired list may, in the discretion of the Secretary of the Navy, be Or- dered to active duty at sea. Or on shore; and any retired officer performing such active duty in time of war or national emergency, declared as aforesaid, Shall be entitled to promotion on the retired list. to the grade or rank, not above that of lieutenant COmmander in the Navy or major in the Marine Corps Or Captain in the Coast Guard, and shall thereafter receive the pay and allowances thereof, which his total active service as an officer both prior and sub- Sequent to retirement, in the manner rendered by him, would have enabled him to attain in due course Of promotion had such service been rendered con- tinuously On the active list during the period of time last past. (July 1, 1918, c. 114, 40 Stat.) This section and the section next following were parts of the Naval appropriation act for the fiscal year 1919, cited above. -- -- - - - - - - - º § 2653d. Same; temporary advancement in rank—During the existence of war or of a national emergency, declared as aforesaid, any commissioned or warrant officer of the Navy, Marine Corps or Coast Guard of the United States on the retired list, while on active duty, may be temporarily advanced to and commissioned in such higher grade or rank on the retired list, not above that of lieutenant commander in the Navy or major in the Marine Corps or captain in the Coast Guard, as the President may determine, and any officer so advanced shall, while On active duty, be entitled to the same pay and allowances as officers of like grade or rank on the active list: Provided, That any such commissioned or warrant officer who has been so temporarily ad- Vanced in grade Or rank shall, upon his relief from active duty, Or in any case not later than six months after the termination of the war or of the national emergency, declared as aforesaid, revert to the grade or rank on the retired list and to the pay and allowance Status Which he would have held had he not been so temporarily advanced: Provided further, That nothing in this Act shall Operate to reduce the pay and allowances now allowed by law to retired officers. (July 1, 1918, c. 114, 40 Stat.) See note to § 2653c. - § 2659aa. Call into active service of retired enlisted men; promotion; pay—Any enlisted man of the Navy or Marine Corps upon the retired list who has been ordered into active service since April sixth, nineteen hundred and seventeen, Or who may hereafter be ordered into active service, shall be eligi- ble for promotion and he shall be entitled to the pay and benefits of continuous service of such rank and for such length of time as he is or has been employed in active service, and when relieved of active service shall retain upon the retired - list the rank and Serv- ice held by him at the time of such relief, with the pay and allowances of such rank On the retired list; and the accounting officers of the Treasury are here- by directed to allow in the accounts of any enlisted man of the Navy or Marine Corps who resigned from the retired list in Order to reenlist for appointment in a higher grade, the same continuous service pay and the benefits of such rank to which he may have been appointed upon reenlistment, as if his service had been continuous, and any difference in pay from the date of reenlistment shall be Credited to his account. (July 1, 1918, c. 114, 40 Stat.) - This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. - - APPENDIX [Page 1764] Chapter Four—Rank and Precedence, Promotion and Advancement OF PROMOTION AND ADVANCEMENT § 26971. Promotion of captain, commander, or lieutenant commander—On and after June thir- tieth, nineteen hundred and twenty, no captain, Com- mander, or lieutenant commander Shall be promoted unless he has had not less than two years' actual Sea service on sea-going ships in the grade in which Serv- ing or who is more than fifty-six, fifty, Or forty-five years of age, respectively: Provided, That in excep- tional cases where officers are specifically designated during war or national emergency declared by the President by the Secretary of the Navy as perform- ing, or as having performed, such highly important duties on shore that their services Can not be Or could not have been spared from Such assignment without serious prejudice to the successful prosecu- tion of the war, the qualification of sea service in the cases of those Officers so specifically designated shall not apply while the United States is at War, Or during a national emergency declared by the Presi- dent, or within two and one-half years subsequent to the ending of such war or national emergency: Pro- vided, That the qualification of sea service shall not apply to officers restricted to the performance of engineering duty only: Provided further, That cap- tains, Commanders, and lieutenant Commanders who become ineligible for promotion. On account of age Shall be retired. On a percentage Of pay equal to two and one-half per centum of their shore-duty pay for each year of service: Provided further, That the to- tal retired pay shall not exceed seventy-five per Centum of the shore-duty pay they were entitled to receive while on the active list. (Aug. 29, 1916, c. § º Stat. 579, amended, July 1, 1918, c. 114, 40 tat. - This section was amended by Act July 1, 1918, c. 114, cited above, by inserting therein the first proviso, as set forth above. § 2699a. Existing laws as to promotions ex- tended to advancements to certain ranks—The proVisions Of eXisting laws with reference to promo- tion by selection in the line of the Navy are hereby extended to include and authorize advancement to the ranks of Commander, Captain, and rear admiral in the Staff Corps of the Navy under the same con- ditions in all respects except as may be necessary to adapt the said provisions to such Staff Corps: Provid- ed., That boards of selection shall in each case be com- p0Sed, When practicable, Of not less than five members Of the corps concerned and promotions shall be made On the basis of fitness alone by Selection from among the officers of the rank next below: Provided further, That the requirements for sea service in grade, length Of Service in grade and maximum age in grade for gºtion Shall not apply. (July 1, 1918, c. 114, 40 at.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. Chapter Five—The Naval Academy § 2748a. The Naval appropriation act for the fiscal year 1919, Act July 1, 1918, c. 114, 40 Stat., under the heading ‘‘Naval Academy,” contains the following appropriation: “Pay of Professors and others, Naval Academy: , Pay of professors and instructors, including one professor as librarian, $235,- 000. One swordmaster, $1,700; assistants: one $1,500; one $1,300; headmaster in physical training, $2,000; instructors in physical training: one $1,800; two at $1,500 each; three at $1,300 each; assistant librarian, $2,400; cataloguer, $1,– 600; shelf assistants: two at $1,200 each ; secretary of the Naval Academy, $2,500; clerks: two at $1,900 each; two at $1,700 each; two at $1,600 each; four at $1,400 each; four at $1,200 each (; seven, $1,100 each; seven, $1,000 each; draftsman, $1,700; surveyor, $1,500; services of organist at chapel, $300; captain of the watch, $1,460; second cap- tain of the watch, $1,300; twenty-two watchmen, at $1,160 each; three telephone switchboard operators, at $660 each; mail messenger, $1,100. In all, pay of professors and oth- ers, Naval Academy, $329,460.” Chapter Six—Vessels and Navy-yards and Naval Stations § 2776a. Salvage service—Hereafter the Secre- tary of the Navy is authorized to cause vessels under his control adapted to the purpose, to afford Salvage service to public or private vessels in distress: Pro- vided, That when such salvage service is rendered by a vessel specially equipped for the purpose or by a tug, the Secretary of the Navy may determine and collect reasonable compensation therefor. (July 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 2781aa. Repairs; limitations suspended- Construction and repair of vessels: * * The lim- itations imposed by existing law relative to repairs to vessels of the Navy shall not apply to the expen- diture of funds made available in this Act. (July 1, 1918, c. 114, 40 Stat.) - This was a proviso accompanying the appropriation for the construction and repair of vessels in the Naval ap- propriation act for the fiscal year 1919, cited above. § 2804bbb. Acquisition of land for naval pur- poses at Cape May—That the Secretary of the Navy be, and he is hereby, authorized to acquire, by pur- chase or condemnation, including all easements, ri- parian and other rights appurtenant thereto, for USe. for naval purposes, the tract of land situate at Cape May, New Jersey, lying between Princeton and Kan- sas Avenues and the water front and Cape May AVe- nue, comprising, exclusive of Pennsylvania Avenue, which intersects the tract and is to remain a public thoroughfare, approximately fifty-Seven and seventy- three one-hundredths acres, or such enlarged area for which he may be able to contract within the appropri: ation, and there is hereby appropriated, to be paid out of any money in the Treasury not otherWise ap: propriated, for the acquisition of Said property and of all easements, riparian and other rights appurte- nant thereto, the sum of $150,000: Provided, That the Secretary of the Navy shall authorize the payment of no part of this sum, except for perfecting the title and dredging Cold Spring Harbor and the entrance thereto, in order to make it more available for naval purposes: And provided further, That the Secretary of the Navy be, and he is hereby, empowered in his discretion to acquire, if possible, additional acreage without increased cost and within the appropriation herein authorized, and to exact guarantees for the maintenance of the electric railWay now running through the above-described land ; and power is here- by conferred upon the Secretary of the Navy to Con- demn the said tract of land for naval, aviation, and kindred purposes on the New Jersey coast adjacent to Cold Spring Harbor; and the Secretary Of the Navy is hereby directed, in conducting his negotiations With the Cape May Real Estate Company, to maintain in- tact the obligation existing between the United States and the Cape May Real Estate Company, executed by the said company June twenty-fifth, nineteen hundred and seven; and that this contract shall not be re- garded as a waiver of either the obligation Of the com- pany or the rights of the United States: And, provid- ed further, That in the event the Secretary Of the TNavy is unable satisfactorily to consummate the ne- gotiations for the purchase thereof under the pro- visions of said Act approved October sixth, nineteen hundred and seventeen, the President is hereby all- thorized and empowered to take over for and in be- half of the United States the immediate possession of and title to such land, including all easements, rights of way, riparian and other rights appurtenant or appertaining thereto deemed by him to be neces- sary for the purposes aforesaid, and to make COm- pensation therefor under the terms and provisions Of the legislation contained in this Act; and the appro- priation of $150,000 appropriated in Said Act, ap- proved October sixth, nineteen hundred and Seventeen, or so much thereof as may be necessary, is hereby APPENDIX IPage 1765] / made available for the payment of compensation for said property so taken over by the President. (Oct. 6, 1917, c. 77, 40 Stat. 344, amended, July 1, 1918, c. 114, 40 Stat.) - This section was amended by Act July 1, 1918, c. 114, cited above, by adding thereto the last proviso, as set forth above. - - § 2804.g. Leases of water-front property—The Secretary Of the Navy is authorized in leasing Water- front property from any State Or municipality where the State law or charter of the municipality requires that the improvements placed upon leased lands shall at the termination Of the lease become the property of the State or municipality, to provide, as a part or all Of the Consideration therefor, that improvements placed thereon by the United States shall become the property Of the lessor upon the expiration of the lease Or any renewal thereof. (July 1, 1918, c. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. - § 2804.h. Purchase of vessels for transporta- tion of fuel—When, in the opinion of the President, the prices, asked for the Charter of vessels for the transportation of fuel are excessive, he is authorized to purchase vessels suitable for the purpose, and, if money is not otherwise available, to pay for them from the appropriation “Fuel and transportation.” (July 1, 1918, c. 114, 40 Stat.) - This was a provision accompanying an appropriation for fuel and the transportation thereof in the Naval appro- priation act for the fiscal year 1919, cited above. § 2804.hh.. Selection of coal lands in Alaska, —Fuel and Transportation: Coal and other fuel for Steamers’ and ships’ use, including expenses Of trans- portation, Storage, and handling the same ; mainte- Ilance and general Operation of machinery Of naval fuel depots and fuel plants; Water for all purposes On board naval vessels; and ice for the Cooling of Water, including the expense of transportation and storage of both, $49,400,000, $1,000,000 of which, or SO much thereof as may be necessary, may in his dis- Cretion, be used by the Secretary of the Navy in min- ing COal, Or Contracting for the same in Alaska, the transportation. Of the Same, and the Construction Of COal bunkers and the necessary docks for use in Supplying ships therewith ; and the Secretary of the Navy is hereby authorized to select from the public COal lands in Alaska. Such areas as may be necessary for use by him for the purposes Stated herein. 1, 1918, c. 114, 40 Stat.) This was a provision of the Naval appropriation act for the fiscal' year 1919, cited above. Chapter Eight—Pay, Emoluments, and Allowances § 2843. [Superseded.] This section, a provision of Act May 13, 1908, c. 166, 35 Stat. 128, Frº the pay and allowances of Chiefs of Bureaus in the provision of Act July 1, 1918, c. 114, post, § 2843.a.a. § 2843.a.a. Pay and allowances of chiefs of bu- reaus—Hereafter Chiefs of bureaus Of the Navy Department, including the Judge Advocate General Of the Navy, shall, while so serving, have Correspond- ing rank and shall receive the same pay and al- lowances as are now or may hereafter be prescribed by Or in pursuance Of law for Chiefs of bureaus Of the War Department and the Judge Advocate General of the Army. (July 1, 1918, c. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. $ 285 iala. Assignment of quarters or eomimu- tation thereof—Hereafter the Secretary of the Navy may determine where and when there are no public quarters available for persons in the Navy and Ma- rine Corps, or Serving there with, within the meaning Of any Acts or parts of Acts relating to the assignment Of quarters or commutation therefor. (July 1, 1918, c. 114, 40 Stat.) . . This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 2887 a.a. Outfits on first enlistment—Outfits for an enlisted men and apprentice seamen of the ... manding Officers. (July *Navy Department, was superseded by a Navy on first enlistment, at not to exceed $100 each. (July 1, 1918, C. 114, 40 Stat.) -- - This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 2887 b. Commutation of rations; general courts-martial prisoners—The Secretary of the Navy is authorized to commute rations for such gen- eral COurtS-martial prisoners in Such amounts as seem to him proper, which may vary in accordance With the location of the naval prison, but which shall in no Case exceed 30 cents per diem for each ration SO Commuted. (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act June 15, 1917, c. 29, § 1, 40 Stat. . 210. § 2887c. Same; payment to caterers on death. or desertion—Provisions, Navy: For provisions and Commuted rations for the Seamen and marines, which commuted rations may be paid to caterers of messes, in Case of death Or desertion, upon Orders Of the COm- (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act June 15, 1917, c. 29, § 1, 40 Stat. 9 210. - - § 2900a. Absence from duty on account of sickness resulting from misconduct—FIereafter no officer or enlisted man in the Navy or Marine Corps in active service who shall be absent from duty On account of injury, sickness or disease resulting from his Own intemperate use of drugs Or alcoholic liquors, or other miscondućt, shall receive pay for the period of Such absence, the time So absent and the Cause thereof to be ascertained under such procedure and regulations as may be prescribed by the Secretary of the Navy: Provided, That an enlistment shall not be regarded as complete until the enlisted man shall have made good any time in excess of One day lost on ac- count of injury, sickness or disease resulting from his own intemperate use of drugs or alcoholic liquors, or Other misconduct. (Aug. 29, 1916, c. 417, 39 Stat. 580, amended July 1, 1918, c. 114, 40 Stat.) - This section was amended by Act July 1, 1918, c. 114, cit- ed above, by inserting therein the word “injury,” so as to make the section read as set forth above. - Chapter Eight A–The Naval Reserve Force § 2900%a. (7%) Reenrollment—All members of the Naval Reserve Force shall be eligible for re- enrollment in the rank, grade, or rating held on the termination of their last enrollment. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (11%) Restriction on enrollment or promotions —No enrollments or promotions shall be made in any rank or grade above that of lieutenant commander, except as herein otherwise provided. (July 1, 1918, c. 114, 40 Stat.) - - - This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, e. 114. (11%) Promotions—No Officer of any class of the Naval Reserve Force shall in time of peace be pro- moted above the grade of lieutenant commander, but in time Of War or other national emergency Officers Of the Naval Reserve Force of and above the rank of lieutenant commander in active service shall be eligi- ble for selection for promotion to the next higher grade or rank by the same board of officers that se- lects Officers of the United States Navy for promotion to such higher ranks and grades, under the same rules and regulations as apply to the Selection for promo- tion of officers of the United States Navy. The pro- motion of officers of the Naval Reserve Force below the rank of lieutenant Commander shall at all times be in accordance with Such regulations as the Secre- tary of the Navy may prescribe. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. APPENDIX IPage 17661 (11%) Rank and precedence—When on active duty officers of the Naval Reserve Force shall take precedence among themselves and with other officers Of the naval service in their respective grades or ranks aCCOrding to the dates of their commissions or pro- Visional assignment of rank in the Naval Reserve Force: Provided, That all officers of the Naval Re- Serve Force of and above the rank of lieutenant com- mander shall rank with but after officers of the same rank or grade in the United States. Navy, except that in time of war or other national emergency such of ficers of the Naval Reserve Force shall have a date of precedence with officers of the United States Navy as Of the date of general mobilization, to be established by the Secretary of the Navy: Provided further, That during the present emergency the date of precedence Of all Officers of the Naval Reserve Force shall be as prescribed by the Secretary of the Navy. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (12%) Annual retainer pay—The annual retain- er pay of members Of the Naval Reserve Force, ex- cept officers in the Naval Auxiliary Reserve and trans- ferred members of the Fleet Naval Reserve, after Con- firmation in rank, grade, or rating, shall be the equiv- alent of two months' base pay of the corresponding rank, grade, or rating in the Navy, but the highest base pay upon which, the retainer pay of Officers Of the Naval Reserve Force shall be computed shall not be greater than the base pay of a lieutenant COm- mander. (July 1, 1918, c. 114, 40 Stat.) - This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (12%) Limitation on retainer pay—No retainer pay of any member of the Naval Reserve Force ex- cept those enlisted men transferred to the Fleet Naval Reserve after sixteen or twenty or more years’ naval service shall be in excess of the amount authorized to members having had sixteen years’ continuous Service therein. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (1234) Retirement and retainer pay; computa- tion—Service in the Navy, Marine Corps, National Naval Volunteers, and Naval Militia shall be counted as continuous service in the Naval Reserve Force, both for the purpose of retirement and Of computing retainer pay. (July 1, 1918, C. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (15%) Retirement—No member of the Naval Re- serve Force shall be eligible for retirement other than for physical disability incurred in line of duty. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (18%) Subjection to Navy regulations; uniform —Enrolled members of the Naval Reserve Force When in active Service shall be subject to the laws, regula- tions, and orders for the government of the Regular Navy, and the Secretary of the Navy may, in his dis- cretion, permit the members of the Naval Reserve Force to wear the uniform of their respective ranks, grades, or ratings while not in active Service, and such members shall, for any act committed by them while wearing the uniform of their respective ranks, grades, or ratings, be Subject to the laws, regulations, and Orders for the government Of the Regular Navy. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114 (19%) Pay in active service—Members of the Naval Reserve Force when employed in active service, ashore or afloat, under the Navy Department shall re- ceive the same pay and allowances as received by the officers and enlisted men of the Regular Navy of the Same rank, grades, or ratings and of the same length of service, which shall include service in the Navy, Marine Corps, Naval Reserve Force, Naval Militia, ment: * * National Naval Volunteers, or Marine Corps Reserve. (July 1, 1918, c. 114, 40 Stat.) . . . - . This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (22%) Active service in time of peace—In time of peace the Secretary of the Navy is authorized, in his discretion, to order any member of the Naval Re- Serve Force, with his consent, who has been confirmed in his rank, grade, or rating, to perform any duty afloat for any period of time for which his services may be required: Provided, That such members may be relieved from duty by the Secretary of the Navy at any time and Shall upon their own application be released from Said duty within four months from the date of their application therefor. (July 1, 1918, c. 114, 40 Stat.) - - • . This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (22%) Uniform and clothing gratuity—The uni- form gratuity for the members, other than officers, of each class of the Naval Reserve Force shall be the same as that prescribed for enlisted men of the Navy, but in time of peace the Secretary of the Navy shall prescribe the portion of the clothing gratuity to be issued to Such members, other than officers, of the Naval Reserve Force. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (22%) Retainer pay in time of peace while on active duty—In time of peace no member of any class of the Naval Reserve Force shall be entitled to re- tainer pay when assigned to active duty for purposes other than training. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (22%) Deduction of clothing gratuity—No part of the clothing gratuity credited to members of the Naval Reserve Force Shall be deducted from their accounts where said members accept or have accepted temporary appointments in the Navy in time of War or other national emergency. (July 1, 1918, C. 114, 40 Stat.) - - - This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (26%) Clothing gratuity—Outfits On first enlist- For the clothing gratuity of officers and Other members Of the Naval Reserve Force, not to exceed $150 each for officers. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (26%) Enrollment of members of Medical Re- serve Corps and Dental Reserve Corps—Members of the Medical Reserve Corps and Dental Reserve Corps may be enrolled in the Naval Reserve Force in their present grades and ranks. (July 1, 1918, c. 114, 40 Stat.) - º This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1909, Act Juily 1, 1918, c. 114. It was preceded by a provision repealing all laws relating to the Naval Medical Reserve Corps and the Naval Dental Reserve Corps, set forth ante, § 2499a. - (26%) Disenrollment—Members of the Naval Reserve Force shall upon reaching the age of sixty- four years be disenrolled except that in time of war or other national emergency such members of the Naval Reserve Force, if in active service, may be con- tinued therein during such period as the Secretary of the Navy may determine, but not longer than Six months after said war or other national emergency shall cease to exist (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. FLEET NAVAL RESERVE $ 29.00%b. (4) Rate of pay; computation of service—The retainer pay Of the enrolled men Of the Fleet Naval Reserve shall be the same as for the en- rolled men of the Naval Reserve and shall be com- puted in like manner: Provided, That nothing herein shall Operate to reduce the retainer pay allowed hy existing law to enlisted men who, after sixteen years' APPENDIX [Page 1767] - or more naval service, are transferred to the Fleet Naval Reserve, nor to deny to such enlisted men their privilege of retirement upon completing thirty years' naval service as now provided by law: Provided, That for all purposes of this Act a complete enlistment dur- ing minority and any enlistment terminated within three months prior to the expiration of the term of enlistment by special order of the Secretary of the Navy shall be considered as four years' service. The annual retainer pay of officers of the Fleet Naval Re- Serve shall be two months’ base pay of the correspond- ing rank in the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 590, amended, July 1, 1918, c. 114, 40 Stat.) This paragraph was amended by a provision of the Na- Val appropriation act for the fiscal year 1919, Act July 1,” 1918, c. 114, by striking out the following provision: “Men enrolled in the Fleet Naval Reserve with less than eight years’ naval service shall be paid at the rate of $50 per annum; those with eight or more years and less than twelve years’ naval service shall be paid at the rate of $72 per annum; and those with twelve or more years’ na- val service shall be paid at the rate of $100 per annum, such pay to be considered as retainer pay for the obliga- tion on the part of such members to serve in the Navy, in time of war or national emergency,” and by Substituting therefor the provision as set forth above, down to the sec- ond proviso. . NAVAL RESERVE § 2900% e. (1) Eligibility for officers—Members of the Naval Reserve Force Who have enrolled for general service and are citizens Of the United States are eligible for membership, in the Naval Reserve. No person shall be enrolled in Or transferred to this class unless he establishes Sat- isfactory evidence as to his qualifications for duty On bºard combatant ships of the Navy. (Aug. 29, 1916, c. 417, 39 Stat. 591, amended, July 1, 1918, c. 114, 40 Stat.) - This paragraph was amended by the Naval appropriation act for the fiscal year 1919, Act July 1, 1918, c. 114, by Strik- ing out the entire paragraph and substituting therefor the paragraph as set forth above. * - Said stricken paragraph read as follows: “Members of the Naval Reserve Force who have been or Imay be en- gaged in the seagoing profession, and who have enrolled for general service, shall be eligible for membership, in the Naval Reserve. No person shall be first enrolled in this class who is less than eighteen or more than thirty-five years of age, nor unless he furnishes satisfactory evidence as to his ability and character; nor shall any person be appointed an officer in this class unless he shall have had not less than two years’ experience as an officer on board of lake or ocean going vessels.” . (1%) ranks, grades, and ratings on first enrollment in the Naval Reserve shall be as prescribed by the Secretary of the Navy. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. (3%). Minimum active service; during each term of enrollment—The minimum active Service re- quired for maintaining the efficiency of a member of the Naval Reserve shall be two months during each . term Of enrollment and an attendan Ce at not less than thirty-six drills during each year, or other equivalent duty. The active Service may be in One period. Or in periods of not less than fifteen days each. 1918, c. 114, 40 Stat.) This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114, It Superseded the following provision of Act Aug. 29, 1916, c. 4.17, 39 Stat. 591: “The minimum active service required for maintaining the efficiency of a member of this class is three months during each term of enrollment. This active service may be in one period or in periods of not less than three weeks each year.” - NAVAI, COAST DEFENSE RESERVE § 290.0%.e. (5) Exercise of command—No Officer Of the Naval Coast Defense Reserve Or Officer Of the Naval Reserve Flying Corps shall exercise command except within his particular department or service for the due performance of his respective duties. (July 1, 1918, c. 114, 40 Stat.) . This paragraph was a provision of the Naval appropria- tion act for the fiscal year 1919, Act July 1, 1918, c. 114. Age limits—The age limits for the several (July 1, membership; | Chapter Nine—The Marine Corps § 290la. Major Generals—The rank and title Of Major General is hereby created in the Marine Corps, and the President is authorized to nominate, and, by and With the advice and Consent of the Senate, to appoint One Major General, who shall at all times be junior in rank to the Major General Commandant, and also One temporary Major General in the Marine Corps, who shall at all times be junior to the per- manent Major General. (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 2901 b. Temporary brigadier generals, colo- nels, and lieutenant colonels—Based. On the tem- porary increase of enlisted men of the Marine Corps herein authorized, the President, by and with the ad- vice and consent of the Senate, is authorized, in his discretion, temporarily to appoint not exceeding Six brigadier generals, twenty-two colonels, and twenty- two lieutenant colonels in the Marine Corps in ad- dition to the number permanently allowed by law in those grades; said temporary appointments shall Con- tinue in force Only until Otherwise directed by the President or until Congress shall amend or repeal the same and not later than six months after the ter- mination of the present war. (May 22, 1917, c. 20, § 4, amended, July 1, 1918, c. 114, 40 Stat.) This section was added by amendment to Act May 22, 1917, c. 20, § 4, by Act July 1, 1918, c. 114, cited above. The other provisions of said Act May 22, 1917, c. 20, § 4, are set forth ante $$ 24839, 2541d. § 2916a. Pay clerks—The title of clerks for a S- sistant paymasters is hereby changed to pay Clerk, who shall hereafter receive the same pay, allowances, and other benefits now provided by law for clerks for assistant paymasters; and the total number of pay clerks shall not exceed ten for duty in the office of the paymaster, Marine Corps, fifteen for duty in the paymaster’s department at large, and One for each assistant paymaster: Provided, That nothing here- in contained shall be construed to reduce the pay, al- lowances, or other benefits granted by existing law to any clerk for assistant paymaster now in service. (July 1, 1918, c. 114, 40 Stat.) - - This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 29.18aa. Temporary increase of enlisted force; privates first class—The authorized enlisted strength of the active list of the Marine Corps is hereby temporarily increased from seventeen thousand four hundred to seventy-five thousand five hundred, this authorized strength being distributed in the Vari- ous grades of the enlisted force in the same propor- tion as those authorized at the date of the approval of this Act: Provided, That not more than twenty-five per centum of the authorized number of privates in the Marine Corps shall have the rank of private, first class, which rank is hereby established in the Marine Corps. (May 22, 1917, c. 20, $ 2, 40 Stat. 84, amended, July 1, 1918, c. 114, 40 Stat.) - This section was amended by Act July 1, 1918, c. , 114, cited above, by raising the authorized increase from 30,000, as authorized by this section as originally enacted, to 75,500 and by adding the proviso, so as to make the sec- tion read as set forth above. + § 2925a. Advertising for recruits—Hereafter authority is hereby granted to employ the services of advertising agencies in advertising for recruits under such terms and Conditions as are most advantageous to the Government. (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a. similar provision contained in Act June 15, 1917, c. 29, § 1, 40 Stat. 214. - Chapter Nine A–Naval Flying Corps § 2952%.ec. Pay of members; increase—Hereaft- er the allowances Of Officers, enlisted Imen, and Student flyers of the naval service shall in no case be increas- APEPENDIX IPage 1768] ed by reason of the performance of aviation duty. (July 1, 1918, c. 114, 40 Stat.) - This section Was a provision of the Naval appropriation act for the fiscal year 1919. cited above. TITLE XVI—THE MILITIA Chapter A–The National Guard and the Unorganized Militia § 3044cc. National Guard; officers and en- listed meſſa of Staff Corps and Departments—The National Guard of any State, Territory, or the Dis- trict of Columbia shall include such officers and en- listed men. Of the Staff Corps and departments, cor- responding to those of the Regular Army, as may be authorized by the Secretary of War. (July 9, 1918, c. 143, 40 Stat.) - This Section was a provision of the Army appropriation act for the fiscal year 1919, cited above. It supersedes a Similar provision of Act May 12, 1917, c. 12, 40 Stat. 68. § 3.064a. Property and disbursing officers—The governor of each State and Territory and the Com- manding General of the National Guard of the Dis- trict of Columbia shall appoint, designate, or detail, subject to the approval of the Secretary of War, the Adjutant General Or an officer of the National Guard of the State, Territory, or District of Columbia, who shall be regarded as property and disbursing Officer of the United States. He shall receipt and account for all funds and property belonging to the United States in possession of the National Guard of his State, Territory, Or District, and shall make such re- turns and reports COncerning the same as may be required by the Secretary of War. The Secretary of War is authorized, on the requisition of the governor of a State or Territory or the commanding general of the National Guard of the District of Columbia, to pay to the property and disbursing Officer thereof SO much Of its allotment Out Of the annual appropriation for the Support of the National Guard as shall, in the judgment of the Secretary of War, be necessary for the purposes enumerated therein. He shall render. through the War Department, such accounts of Fed- eral funds intrusted to him for disbursement as may be required by the Treasury Department. Before entering upon the performance of his duties as prop- erty and disbursing officer he shall be required to give good and sufficient, bond to the United States, the amount thereof to be determined by the Secretary of War, for the faithful performance of his duties and for the safe-keeping and proper disposition of the Federal property and funds intrusted to his care. He shall, after having qualified as property and dis- bursing Officer, receive pay for his services at a rate to be fixed by the Secretary. Of War, and such com- pensation shall be a charge against the Whole sum annually appropriated for the Support Of the National Guard: Provided, That when traveling in the per- formance of his official duties under orders issued by the proper authorities he shall be reimbursed for his actual necessary traveling expenses, the Sum to be made a charge against the allotment Of the State, Ter- ritory, or District of Columbia: Provided further, That the Secretary Of War shall Cause an inspection of the accounts and records Of the property and dis- bursing Officer to be made by an inspector general of the Army at least once each year: And provided fur- ther, That the Secretary of War is empowered to make all rules and regulations necessary to carry into ef- fect the provisions of this section. (June 3, 1916, c. 134, § 67, 39 Stat. 200, amended, July 9, 1918, c. 143, 40 Stat.) This section was amended by Act July 9, 1918, c. 143, cited above, by inserting in the first sentence thereof, after the words “approval of the Secretary of War,” the words “the Adjutant General Or.’’ § 3071d. Training camps; graduates of Mili- tary Academy as instructors—The service of grad- uates of the Military Academy may be utilized dur- ing the months of June, July, August, and September Of the year in which they graduate as instructors at the Citizens’ training camps, and their graduation leave may be taken at the termination of their serv- ices as instructors at these camps. (July 9, 1918, c. 143, subchapter XVIII, 40 Stat.) - This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. - § 3.07.2a. Training of National Guard; camps —To provide for the participation of the whole Or any part of the National Guard in encampments, ma- neuvers, or other exercises, including outdoor target practice and field and coast defense instruction, ei- ther independently or in conjunction with any part Of the Regular Army, and there may be set aside from the funds apportioned for that purpose and al- lotted to any State, Territory, or the District of Columbia such portion of said funds as may be nec- essary for the payment, subsistence, transportation, and Other proper expenses of such portion. Of the National Guard of Said State, Territory, or the DiS- trict of Columbia as shall participate in such encamp- Iments, maneuvers, or . Other exercises, including Out- door target practice and field and coast defense in- Struction; and the Officers and enlisted men. Of Such National Guard while so engaged shall be entitled to the same pay, subsistence, and transportation as Of- ficers and enlisted men of Corresponding grades Of the Regular Army are or hereafter may be entitled to by law. To provide for camps of instruction for the in- struction of officers and enlisted men of the National Guard. Such camps shall be conducted by Officers Of the Regular Army detailed by the Secretary of War for the purpose, and may be located either withine or without the State, Territory, or District of Columbia to which the members of the National Guard designat- ed to attend said camps shall belong. Officers and en- listed men attending such camps shall be entitled to pay and transportation and enlisted men to subsist- ence in addition at the same rate as for encampments Or maneuvers for field and COast defense instruction. (July 9, 1918, c. 143, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. It supersedes sim- ilar provisions of Act May 12, 1917, c. 12, 40 Stat. 66. § 3072b. Same; attendanee at school or at- tachment to organization of Regular Army—To provide for the attendance of selected officers or en- listed men of the National Guard who pursue a regu- lar course of study at any military service school of the United States, except the United States Military Academy; Or to be attached to an Organization of the same arm, COrps, or department to which such officers or enlisted men shall belong, for “routine practical instruction at or near an Army post during a period of field training or other outdoor exercises; and such officers or enlisted men shall receive, out of any National Guard allotment of funds available for the purpose, the same travel allowances and quarters or commutation of quarters, and the same pay, al- lowance, and subsistence to which officers or enlist- ed men of the Regular Army would be entitled for attending such school, college, or practical course of instruction under Orders from proper military author- ity while in actual attendance at such school, college, or practical course of instruction: Provided, That in no case shall the pay and allowances authorized here- in exceed those of a captain * *. (July 9, 1918, c. 143, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. It supersedes sim- ilar provisions of Act May 12, 1917. c. 12, 40 Stat. 67. Chapter B–Naval Militia and National Naval Volunteers §§ 3078a, 3078b. [Repealed.] All laws relating to the Naval Militia, and the National Naval Volunteers were repealed, by a provision of the Naval appropriation act for the fiscal year 1919, Act July 1, 1918, c. 114, post, § 3078c. APPENDIX [Page 1769] § 3078c. Repeal of certain acts—That upon the approval of this Act all laws heretofore enacted by the Congress relating to the Naval Militia and the Nation- al Naval Volunteers be, and the same hereby are, re- pealed ; and the President is authorized to transfer as a class all members Of the National Naval Volun- teers to the Class “the Naval Reserve,” “the Naval Reserve Flying Corps,” Or “the Marine Corps Reserve” of the Naval Reserve Force or the Marine Corps Re- serve, for general Service, in the confirmed rank, grade, Or rating they nOW hold in the National Naval Volun- teers, regardless Of their being members of a State military force, and Without examination and the me- cessity of executing or filing a new oath and accept- ance Of Office; that until such transfer is effected members Of the National Naval Volunteers shall re- tain their present Status and be entitled to receive the same pay, allowances, gratuities, and Other benefits as heretofore provided by law, and shall continue sub- ject to the laws prescribed for the government Of the Navy. (July 1, 1918, c. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. See note under §§ 3078a, 3078b. - § 3078d. Appropriations for training and equipping Naval Reserve Force—That the unex- pended and unobligated portion of all moneys here- tofore appropriated, and the appropriation authoriz- ed by section ten of Public Numbered Fifty-seven, Sixty-third Congress, approved February sixteenth, nineteen hundred and fourteen, for the training and equipment Of the Naval Militia and the National Naval Volunteers, for the clerical force and the Office expenses Of the Division Of Naval Militia. Af- fairs, and the property loaned by the Navy Depart- ment for the arming and equipping of the Naval Militia shall be, and hereby are, made available for training and equipping the Naval Reserve Force and for the purchase, rental, and maintenance of suitabie armories therefor, including the acquisition of the necessary land upon which Such armories may be lo- cated. (July 1, 1918, c. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. § 3078e. Clerical force of Division of Naval Militia. Affairs transferred—The clerical force and Office expenses provided for the Division of Naval Militia Affairs shall be transferred to the Bureau Of Navigation. (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. TITLE xvi B-vocationAL RE- HABILITATION OF SOLDIERS AND SAILORS § 3078%a. Citation of Act; definitions—This Act shall be known as the VOCational Rehabilitation Act. That the word “board,” as hereinafter used IIl this Act, shall mean the “Federal Board for Vocation- al Education.” That the word “bureau,” as herein- after used in this Act, shall mean the “Bureau of War-Risk Insurance.” (June 27, 1918, c. 107, § 1, 40 Stat.) -- - This section, and the nine sections next following, are sections 1-9, 11, of an act entitled “An act to provide, for vocational rehabilitation and return to civil employment Of disabled persons discharged from the military or naval forces of the United States. and for other purposes,” cited above. Section 10 of said act repealed $ 304 of the War Risk Insurance Act. º . . § 30.78%b. Persons to receive training; al- Iowances and compensation—Every person who is disabled under circumstances entitling him, after dis- charge from the military or naval forces of the TJnited States, to compensation under Article III of the Act entitled “An Act to amend an Act en- titled “An Act to authorize the establishment of a IBureau of War-Risk Insurance in the Treasury De- partment,’” approved October sixth, nineteen hun- dred and seventeen, hereinafter referred to as “Said Act,” and who, after his discharge, in the Opinion of the board, is unable to carry on a gainful OCCupa- tion, to resume his former occupation, Or to enter upon some other occupation, or having resumed Or entered upon such occupation is unable to Continue the same successfully, shall be furnished by the said board, where vocational rehabilitation is feasible, such course of vocational rehabilitation as the board shall prescribe and provide. - The board shall have power, and it shall be its duty, to furnish the persons included in this Section Suitable courses of vocational rehabilitation to be prescribed and provided by the board, and every per- son electing to follow such a course of vocational rehabilitation shall, while following the same, receive monthly compensation equal to the amount of his, monthly pay for the last month of his active Service, or equal to the amount to which he would be en- titled under Article III Of Said Act, Whichever amount is the greater. If such person was an enlisted man at the time of his discharge, for the period during which he is so afforded a course of rehabilitation, his family shall receive compulsory allotment and family allowance according to the terms of Article II of Said Act in the same manner as if he Were an enlisted man, and for the purpose of computing. . and paying compulsory allotment and family allow- ance his compensation shall be treated as his month- ly pay: Provided, That if such person willfully fails or refuses to follow the prescribed course of vo- Cational rehabilitation which he has elected to fol- low, in a manner Satisfactory to the board, the Said board in its discretion may certify to that effect to the bureau and the said bureau shall, during such period of failure or refusal, withhold any part Or all of the monthly compensation due such person and not subject to compulsory allotment which the said board may have determined should be withheld: Provided, however, That no vocational teaching shall be Carried on in any hospital until the medical au- thorities certify that the condition of the patient is Such as to justify such teaching. The military and naval family allowance appro- priation provided for in section eighteen of said Act shall be available for the payment of the family allowances provided by this section; and the military and naval compensation appropriation provided for in Section nineteen Of Said Act shall be available for the payment of the monthly compensation herein pro- vided. NO Compensation under Article III of Said Act shall be paid for the period during which any such person is furnished by said board a course of vocational rehabilitation except as is hereinbefore provided. (June 27, 1918, c. 107, § 2, 40 Stat.) See note to § 3078%a. § 30.78% c. Cost of training—The Coursſºs of VO- cational rehabilitation provided for under this Act shall, as far as practicable and under such conditions as the board may prescribe, be made available with- Out cost for instruction for the benefit of any person Who is disabled under Circumstances entitling him, after discharge from the military or naval forces of the United States, to COmpensation under Article III Of Said Act and Who is not included in Section tWO, hereof. (June 27, 1918, c. 107, § 3, 40 Stat.) See note to § 30.78%a. § 30.78%d. Instructors for and courses of train- ing—The board shall have the power and it shall be its duty to provide Such facilities, instructors, and Courses as may be necessary to insure proper train- ing for Such perSOnS as are required to follow such Courses as herein proVided ; to presCribe the COUrses to be followed by Such perSOns; to pay, when in the discretion of the board Such payment is necessary, the expense of travel, lodging, Subsistence, and other necessary expenses of such persons while following the prescribed courses; to do all things necessary to insure vocational rehabilitation; to provide for the placement of rehabilitated persons in suitable or APPENDIX [Page 177OI gainful occupations. The board shall have the power to make Such rules and regulations as may be necessary for the proper performance of its du- ties as prescribed by this Act, and is hereby authorized and directed to utilize, with the approval of the Sec- retary Of Labor, the facilities of the Department Of Labor, in so far as may be practicable, in the place- ment Of rehabilitated persons in Suitable or gainful occupations. (June 27, 1918, c. 107, § 4, 40 Stat.) - See note to § 3078%a. § 3078%e. Investigations and reports—It shall also be the duty of the board to make or cause to have made studies, investigations, and reports re- garding the vocational rehabilitation of disabled per- sons and their placement in suitable or gainful oc- cupations. When the board deems it advisable, such Studies, investigations, and reportS may be made in cooperation with or through other departments and bureaus Of the GOvernment, and the board in its dis- cretion may cooperate with such public or private agencies as it may deem advisable in performing the duties imposed upon it by this Act. (June 27, 1918, c. 107, § 5, 40 Stat.) See note to § 30.78%a. § 3078%f. Medical and surgical work; rules and regulations—All medical and SurgiCal WOrk Or Other treatment necessary to give functional and men- tal restoration to disabled persons prior to their dis- charge from the military or naval forces Of the Unit- ed States shall be under the control of the War De- partment and the Navy Department, respectively. Whenever training is employed as a therapeutic meas- ure by the War Department or the Navy Department a plan may be established between these agencies and the board acting in an advisory CapaCity to insure, in so far as medical requirements' permit, a proper process of training and the proper preparation of in- structors for such training. A plan may also be es- tablished between the War and Navy Departments and the board whereby these departments shall act in an advisory capacity with the board in the Care Of the health Of the Soldier and Sailor after his dis- charge. The board shall, in establishing its plans and rules and regulations for vocational training, cooperate with the War Department and the Navy Department in So far as may be necessary to effect a continuous process of vocational training. (June 27, 1918, c. 107, § 6, 40 Stat.) *-*. See note to § 3078%a. § 30.78%g. hereby authorized and empowered to receive such gifts and donations from either public or private Sources as may be Offered unconditionally. All mon- eys received as gifts or donations shall be paid into the Treasury of the United States, and shall consti- tute a permanent fund, to be called the “Special fund for vocational rehabilitation,” to be used under the direction of the said board, in connection with the ap- propriations hereby made or hereafter to be made, to defray the expenses of providing and maintaining courses of vocational rehabilitation; and a full report Of all gifts and donations Offered and accepted, and all disbursements therefrom, Shall be submitted annually to Congress by said board. (June 27, 1918, c. 107, § 7, 40 Stat.) - See note to § 3078%a. § 30.78%gg. Appropriations—There is hereby ap- propriated, out of any money in the Treasury of the United States not otherwise appropriated, available immediately and until expended, the sum of $2,000,000 or so much thereof as may be necessary to be used by the Federal Board for Vocational Education for the purposes of this Act, to wit, for renting and re- modeling buildings and quarters, repairing, maintain- ing, and equipping same, and for equipment and other facilities necessary for proper instruction of disabled persons, $250,000 ; for the preparation of instructors and Salaries Of instructOrs, Supervisors, and Other ex- perts, including necessary traveling expenses, $545,- 000; for traveling expenses of disabled persons, in con- Gifts and donations—The board is nection with training and for lodging, subsistence, and Other necessary expenses in special cases of persons following prescribed courses, $250,000; for tuition for disabled persons pursuing courses in existing institu- tions, public or private, $545,000; for the placement and Supervision after placement of vocationally rehab- ilitated persons, $45,000; for studies, investigations, reports, and preparation of special courses of in- Struction, $55,000; for miscellaneous contingencies, including special mechanical appliances necessary in Special cases for disabled men, $110,000; and for the administrative expenses of said board incident to performing the duties imposed by this Act, including Salaries of such assistants, experts, clerks, and other employees in the District of Columbia or elsewhere as the board may deem necessary, actual traveling and Other necessary expenses incurred by the mem- bers of the board and by its employees under its or- ders, including attendance at meetings of educational aSSOCiations and other organizations, rent and equip- ment Of Offices in the District of Columbia and else- Where, purchase of books of reference, law books, and periodicals, stationery, typewriters and exchange thereof, miscellaneous supplies, postage on foreign mail, printing and binding to be done at the Govern- ment Printing Office, and all other necessary expens- es, $200,000. (June 27, 1918, c. 107, § 8, 40 Stat.) See note to § 30781%a. $ 30.78%h. Accounts and reports—Said board shall file with the Clerk of the House and the Secre- tary Of the Senate on July first and every three months thereafter, for the information of the Con- gress, an itemized account of all expenditures made under this Act, including names and salaries of em- ployees. Said board shall also make an annual re- port to the Congress of its doings under this Act on or before December first of each year. (June 27, 1918, c. 107, § 9, 40 Stat.) See note to § 30781%a. § 3078%i. Employés not exempt from draft— No person of draft age physically fit for military Service shall be exempted from Such service on ac- Count of being employed under the terms of this Act. (June 27, 1918, c. 107, § 11, 40 Stat.) See note to § 30784%a. TITLE XVII—ARMs, ARMORIES, ARSE- NALS, ORDNANCE AND FORTIFICA- TIONS, AND NITRATE PLANTS Chapter A–Arms, Armories, Arsenals and Nitrate Plants § 3084b. Pay of civilian employés in gun fac- tories on leave of absence—The Secretary of War is hereby authorized and empowered, during the pe- riod of the war, to make payment, under such regu- lations as may be prescribed by him, in addition to and at the rate of pay now provided by law to each and all civilians employed by the War Department in gun factories and arsenals for work performed on all days of leave of absence granted by law to such employees. (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 3092a. Transfer, of Naval ordnance to the War Department—Such naval Ordnance and ord- nance material as the Secretary of War and the Secre- tary of the Navy may determine necessary is author- ized to be transferred from the Navy Department to the War Department: Provided, That if such ordnance and Ordnance material is obsolete for naval purposes the transfer shall be made Without reimbursement and payment to the Navy for other Ordnance and ordnance material transferred hereunder Shall be made Only after estimates shall have been Submitted to COngreSS and a specific appropriation for Such payment shall have been made. (July 8, 1918, c. 137, § 1, 40 Stat.) This section was a provision of fortifications appropria- tion act, cited above. APPENDIX IPage 1771.I TITLE XVII A–NATIONAL DEFENSE ADVISORY COMMITTEE FOR AERONAUTICS § 3115ii. Office space—The Secretary of War is authorized and directed to furnish Office Space to the National Advisory Committee for Aeronautics in gov- Qrnmental buildings OCCupied by the Signal Corps. (July 1, 1918, c. 113, § 1, 40 Stat.) . This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. AirCRAFT BOARD AND AIRCRAFT PATENTS § 31151/32 g. Aircraft production corpora- tions; capital stock—The Director of Aircraft Pro- duction may, whenever in his judgment it will facili- tate and expedite the production of aircraft, aircraft equipment, Or materials therefor, for the United States and Governments allied with it in the prosecution Of the present war, form under the laws of the Dis- trict of Columbia or under the laws of any State One Or more Corporations for the purchase, production, manufacture, and sale of aircraft, aircraft equipment, Or materials therefor, and to build, own, and operate ; railroads in Connection therewith. The total Capital Stock Of the COrpOration. Or COrpOrations so formed, together With any bonds, notes, debentures, or Other Securities issued by them, shall not at any one time exceed $100,000,000. (July 9, 1918, c. 143, subchapter XVI, § 1, 40 Stat.) This section, and the four sections next following, Were a part of the Army appropriation act for the fiscal year 1919, cited above. . § 3115 1/32h. Same; purchase of stock of by United States—The Director of Aircraft Production may, for and on behalf of the United States, subscribe, purchase, and vote not less than a majority Of the voting capital stock of any such corporation, and may purchase for and on behalf of the United States all or any part of the preferred nonvoting stock, bonds, notes, debentures, or other securities issued by Such corporations, and do all things necessary to protect the interest of the United States and to carry Out the purpose of this chapter; and, with the approval Of the Secretary of War, may sell any or all of the stock, bonds, notes, debentures, or other securities of the United States in such corporation: Provided, That at no time shall the United States be a minority hold- er of voting stock therein. Any sums heretofore or hereafter appropriated for the purchase Or procure- ment of aircraft, aircraft equipment, Or materials therefor, for the Army shall be available for the pur- chase of the capital stock of such corporation or cor- porations or their bonds, notes, debentures, or other Securities. (July 9, 1918, c. 143, subchapter XVI, § 2, 40 Stat.) See note to § 3115"/32g. § 31151/32i. Same; dissolution—Within year from the signing of a treaty of peace with the Imperial German Government the Director Of Air- craft Production shall, on behalf of the United States as a stockholder, institute Such proceedings as are necessary to dissolve such corporation or Corporations under the laws of the District of Columbia. Or the State Or States under which such Corporation or COr- porations are organized. Upon the dissolution of the corporation or corporations the same shall be liqui- dated and the assets distributed in accordance with the laws of the District of Columbia or the State Or States under which such corporation or corporations are organized. (July 9, 1918, c. 143, subchapter XVI, § 3, 40 Stat.) See note to § 3115*/32g. § 31151/3 2.j. The Secretary of War is hereby authorized to assign for duty, under the direction of the Director of Air- craft Production, any enlisted men Or Commissioned Officers, from time to time, in the military organization as he shall deem necessary or desirable to carry on the Work Of Such corporation Or Corporations: Pro- OIlê Same; assignment of officers or men of military service to ; civilian employés— Vided, That nothing in this chapter shall prevent such COrporation or corporations from employing civilians in the manner customary in the conduct of ordinary business under corporate organization. (July 9, 1918, c. 143, subchapter XVI, § 4, 40 Stat. See note to § 3115"/32g. . - § 3115 1/32k. Same; transfer of existing con- tracts to—The Secretary of War, acting through the Director of Aircraft Production, is authorized to transfer, by appropriate instruments, to any Such COr- poration as may be found under this chapter, any in- terest of the United States in any existing contracts for aircraft, aircraft equipment, or materials therefor, and the title to any lands, plants, railroads, or equip- ment used in or in connection with the production of aircraft, aircraft equipment, or materials therefor, On , Such terms as the Secretary of War, acting through the Director of Aircraft Production, shall deem fit. (July 9, 1918, c. 143, subchapter XVI, § 5, 40 Stat.) See note to § 3115*/32g. SHIPS AND WAR MATERIAL § 3115 1/1 ga. (a) Purchase in time of war or emergency; definitions—(a) The word “person” as used in paragraph (b), (c), next hereafter shall include any individual, trustee, firm, association, company, Of corporation. The word “ship” shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words “war material” shall in- clude arms, armament, ammunition, stores, Supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word “factory” shall include any fac- tory, workshop, engine works, building used for manu- facture, assembling, construction, or any process, and any shipyard or dockyard. The words “United States” shall include the Canal Zone and all territory and Wa- ters, continental and insular, subject to the jurisdic- tion of the United States. (July 1, 1918, c. 114, 40 Stat. - . hi. section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 4, 1917, c. 180, 39 Stat. 1192. § 3115 1/16b. (b) Same; power of President; compliance with orders—(b) The President is here- by authorized and empowered, within the limits of the amounts appropriated therefor: First. To place an Order with any person for Such ships or war material as the necessities of the GOV- ernment, to be determined by the President, may re- quire and which are of the nature, kind, and quan- tity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such Order is given, and such order shall take precedence over all Other orders and contracts theretofore placed with such person. If any person Owning, leasing, or Oper- ating any factory equipped for the building or produc- tion of ships or war material for the Navy shall re- fuse or fail to give to the United States Such prefer- ence in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships of war materials so or- dered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of Such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or ex- pedient. Second. Within the limit of the amounts appropri- ated therefor, to modify or cancel any existing con- tract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified, the President may take immediate possession of any fac- tory of such COntractor, Or any part thereof without taking possession of the entire factory, and may use the same at Such times and in such manner as he may consider necessary or expedient. y/APPENDIX IPage 1772.] Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the Output of such factory, and within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be de- termined by the President. - Fourth. To requisition and take over for use or Operation by the Government any factory, Or any part thereof, without taking possession of the entire fac- tory, whether the United States has Or has not any contract with the Owner or occupier of such factory. That all authority granted to the President herein , or by him delegated shall cease six months after a final treaty of peace shall be proclaimed between this Government and the German Empire. (July 1, 1918, C. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes Sim- ilar provisions of Act March 4, 1917, c. 180, 39 Stat. 1193. § 3115 1/16c. (d) Same; compensation for requisitioning factories—(d) Whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any fac- tory or part thereof, or any ships or war material, in accordance with the provisions of paragraph (b), it shall make just compensation therefor, to be deter- mined by the President, and if the amount thereof SO determined by the President is unsatisfactory to the person entitled to receive the same, such person Shall be paid seventy-five per centum of the amount So de- termined by the President and shall be entitled to sue the United States to recover Such further Sum as added to said seventy-five per Centum shall make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, para- graph twenty, and section one hundred and forty-five of the Judicial Code. (July 1, 1918, c. 114, 40 Stat.) This section was a part of the Naval appropriation act for the fiscal year 1919, cited above. It supersedes sim- ilar provisions of Act March 4, 1917, c. 180, 39 Stat. 1193. § 31151/16e. Same; powers extended—The pow- er and authority granted the President under the emergency shipping fund in the deficiency appropria- tion Act approved June fifteenth, nineteen hundred and seventeen, are extended and made applicable to the appropriations and authorizations made herein under the emergency shipping fund. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the Sundry civil appro- priation act for the fiscal year 1919, cited above. The ap- propriations referred to are those made by said act under the caption “Emergency Shipping Fund.” MANUFACTURE, ETC., OF EXPLOSIVES § 311534aaa. Piatinum, iridium, and palladi- um included—Platinum, iridium, and palladium and compounds thereof are hereby made subject to the terms, conditions, and limitations of said Act of OC- tober sixth, nineteen hundred and seventeen, and the Director of the Bureau of Mines is hereby authorized, under rules and regulations approved by the Secretary of the Interior, to limit the sale, possession, and the use of said material. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the Sundry civil appro- priation act for the fiscal year 1919, cited above. § 311534:fff. Licenses; cancellation—Any license issued under the Act of October sixth, nineteen hun- dred and seventeen, may be canceled by the Director of the Bureau of Mines if the person to Whom Such license was issued shall, after notice and an Oppor- tunity to be heard, be found to have violated any of the provisions of the Act: (July 1, 1918, c. 113, § 1, 40 Stat.) i This section was a provision of the Sundry civil appro- priation act for the fiscal year 1919, cited above. TRADING WITH THE ENEMY § 31.15%fff. Taxes on property held by alien property custodian—All taxes heretofore Or here- the President ; after lawfully assessed by any body politic against In Oney or other property held by the alien property. Custodian shall be paid out of such money or other property, and if that be insufficient, shall be charged thereto and paid out of any other moneys or properties required from the same enemy or ally of enemy. (July 1, 1918, c. 113, § 1, 40 Stat.) This Section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. FEDERAL CONTROLLED TELEGRAPH, TELE- PHONE, MARINE CABLE, OR RADIO SYSTEMS Authority of President to take pos- compensation for; existing laws or § 311.5%x. session of; Ipowers of States—The President during the contin- uance of the present war is authorized and empower- ed, whenever he shall deem it necessary for the na- tional Security or defense, to supervise or to take pos- Session and assume control of any telegraph, tele- phOne, marine cable, or radio system or Systems, Or any part thereof, and to operate the same in such manner as may be needful or desirable for the dura- tion of the war, which supervision, possession, Con- trol, or Operation shall not extend beyond the date Of the proclamation by the President of the exchange of ratifications of the treaty of peace: Provided, That just Compensation Shall be made for Such SuperVision, possession, Control, or Operation, to be determined by and if the amount thereof, so deter- mined by the President, is unsatisfactory to the per- Son entitled to receive the same, such person shall be paid Seventy-five per Centum Of the amount SO deter- mined by the President and shall be entitled to Sue the United States to recover such further sum as, added to said seventy-five per Centum, will make up such amount as will be just compensation therefor, in the manner provided for by Section twenty-four, paragraph twenty, and section One hundred and forty- five of the Judicial Code: Provided further, That nothing in this Act shall be construed to amend, re- peal, in pair, or affect existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmis- sion of Government communications, or the issue of stocks and bonds by Such System or systems. (July 16, 1918, c. —, 40 Stat.) - This section was a resolution entitled a “Joint Resolu- tion to authorize the President, in time of war, to super- vise or take possession and assume Control of any tele- graph, telephone, marine cable, or radio System or systems or any part thereof and to operate the same in Such man- ner as may be needful or desirable for the duration of the war, and to provide just compensation therefor,” cited above. HOUSING FOR WAR–INDUSTRY EMPLOYES § 311.5%hh. Appropriation; increase-The all- thorization fixed by section eight of the Act entitled “An Act to authorize the President to provide housing for war needs,” approved May sixteenth, nineteen hun- dred and eighteen, is increased from $60,000,000 to $100,000,000, and there is appropriated for the pur- poses thereof, including rental of offices in the District of Columbia, contingent and miscellaneous expenses, printing and binding, and personal services in the Dis- trict of Columbia and elsewhere, $40,000,000, to be ex- pended in accordance with the authority and under the conditions prescribed in the said Act as amended by the deficiency appropriation Act approved June fourth, nineteen hundred and eighteen and to Con- tinue available during the fiscal year nineteen hundred and nineteen. (July 8, 1918, c. 139, § 1, 40 Stat.) This section was a provision of the deficiency appropria- tion act on account of war expenses for the fiscal year ending June 30, 1918, cited above. - '• . WAR EMERGENCY SERVICES § 311.5%a. Appropriation for wages—To enable the Secretary of Labor, during the present emergency, APPENDIX [Page 1773] to furnish Such information and to render such assist- I State wherein the proceedings may be instituted. ance in the employment of Wage earners throughout the United States as may be deemed necessary in the prosecution Of the War and to aid in the standardiza- tion Of all Wages paid by the GOvernment of the Unit- ed States and its agencies, including personal Services in the District Of Columbia and elsewhere, per diem in lieu of subsistence at not exceeding $4, traveling ex- penses, rental of quarters in the District of Columbia and elsewhere, heat and light, telegraph and telephone service, Supplies and equipment, and printing and binding, $5,500,000: Provided, That no money now or hereafter appropriated for the payment of wages not fixed by statute shall be available to pay wages in ex- cess of the standard determined upon by the War § Policies Board. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a part of the sundry civil appropriation act for the fiscal year 1919, cited above. COMMITTEE ON PUBLIC INFORMATION § 311.5%b. Appropriation—For all expenses of the Committee on Public Information, in connection with the work that may be specifically assigned to it by the President, including personal services and rent in the District of Columbia or elsewhere, printing and binding, and for such expenses of every character as the President in his discretion may deem necessary in carrying on the work assigned to the committee, $1,- 250,000 : Provided, That when necessary, advances for expenses that shall be warranted in connection With the authorized work of the Committee may be made under proper safeguards in amounts not ex- ceeding $1,000: Provided further, That all moneys received through the motion picture activities of the Committee shall be paid into the Treasury to the Credit Of the appropriation and be available for the Said. activities: Provided further, That a detailed report Of the receipts and expenditures under this appropria- tion, which shall also COntain a list of employees and salaries paid, shall be made to Congress on the first day of each regular session: Provided further, That no part of this appropriation shall be used for the pay- ment of the salary of any person who on the fifth of June, nineteen hundred and seventeen, was between the ages of twenty-One and thirty-One years, unless he has been placed in a deferred classification by his local board On account of physical defects, which incapaci- tate him for military duty. (July 1, 1918, c. 113, § 1. 40 Stat.) This section was a part of the Sundry civil appropriation act for the fiscal year 1919, cited above. CONDEMNATION OF PROPERTY FOR GENERAT- ING ELECTRIC ENERGY § 311511/12a. Authority to condemn; proce- dure—During the pendency of the present war, any perSon, association, Or Corporation, for the purpose of furnishing electric power to the United States or to perSOnS, associations, or corporations engaged in the manufacture of Ships, explosives, or munitions of war, Or Other articles and things for the use of the United States or its allies, upon compliance with the condi- tions hereinafter set forth, may institute proceedings in any district court of the United States or in any Court of any State having jurisdiction of the property to be Condemned, for the acquirement by condemnation Of any land, the temporary use thereof, or other ir:- terest therein, or right pertaining thereto, required for the location or construction of any line or lines for the transmission of electric power for the Opera- tion of any plants which are or may be employed in the production of the articles and things hereinbefore mentioned: Provided, That nothing herein shall be Construed to authorize the appropriation of any prop- erty already devoted to such use. That proceedings for the Condemnation of property required for the generation and transmission of such electric power Shall be prosecuted in accordance with the procedure prescribed for the condemnation of property in the (July 9, 1918, c. 143, subchapter XXIV, § 1, 40 Stat.) This section, and the three sections next following, were a part of the Army appropriation act for the fiscal year 1919, cited above. § 311511/12b. Submission of plans—Before any person, association, or corporation, furnishing or to furnish electric power for the purposes mentioned in Section one of this Act, shall have the right to insti- tute proceedings for condemnation, they shall submit to the Secretary Of War a full and complete statement of the plan for furnishing power and the nature and extent of the easements or property which they de- Sire to acquire under condemnation proceedings, for the purposes stated in the preceding section. If the Secretary of War approve such plan and finds that the COnstruction Or extension Of Such facilities for the generation or transmission of power and that the COndemnation herein authorized is necessary to in- crease the supply of power for the objects and pur- poses Stated in Section One of this Act, then Such per- SOn, a SSOCiation, Or Corporation Shall, upon the ap- proval of such plan by the Secretary of War, have the right to construct, maintain, and Operate the fa- Cilities described in Such plan, and may Cause pro- Ceedings to be instituted in any Court having juris- diction thereof for the acquirement by COndemnation Of any lands, the temporary use thereof, or Other in- terest therein, or right pertaining thereto, as may be needed for the COnstruction, maintenance, and Opera- tion of such facilities: Provided, That nothing in this section shall be Construed as authorizing any rights in any public lands of the United States, or in any waters of the United States except such as may be necessary to build such transmission lines along or across said waters as may be approved by the Secre- tary of War: Provided further, That the Secretary of War may, prior to granting his approval as above Set forth, require Such person, association, or Corpora- tion to file with him a bond, in an amount and with a Surety Or Sureties satisfactory to him, conditioned up- On the prompt Construction of the proposed facilities and the diligent maintenance and Operation of the same to the Satisfaction of the Secretary of War dur- ing the present war. (July 9, 1918, c. 143, subchapter XXIV, $ 2, 40 Stat.) See note to § 3115*/12a. § 311511/12c. Immediate possession on filing bond—Any person, association, or corporation having secured the approval of the Secretary of War and filed a petition for condemnation as herein provided may, upon filing with the court in which such peti- tion is filed a bOnd to Secure payment of just COIm- pensation to the OWners Of property taken, in a form and an amount and With a Surety or Sureties approved by said court after such notice and such hearing as the Court may prescribe, have the right of innmediate possession and use of such property or rights. (July 9, 1918, c. 143, subchapter XXIV, § 3, 40 Stat.) See note to § 3115*/12a. § 311 511/12d. Limitation on operative effect of provisions—NO plan for the construction or exten- sion of any facilities shall be submitted to or ap- proved by the Secretary of War hereunder after the existing state of war between the United States and its enemies shall have terminated, and the fact of Such termination Shall be ascertained and proclaimed by the President, but such termination of the existing State of War SO ascertained and proclaimed Shall not interfere with the condemnation of any land or other property or rights needed for the construction, main- tenance, and operation of any facilities approved here- under by the Secretary of War before such proclama- tion: Provided, however, That the Secretary of War may upon such termination of the existing state of war and prior to the entry of judgment in any con- demnation proceeding hereunder and the Commence- ment of Construction or extension of the proposed fa- cilities revoke any approval given hereunder to the plan for such proposed facilities: Provided further, That nothing in this chapter shall be construed as APPENDIX [Page 1774] granting any franchise to utilize such facilities after the termination of the existing State of War. All Acts Or parts Of Acts inconsistent with the pro- visions of this Act are hereby repealed. (July 9, 1918, c. 143, subchapter XXIV, § 4, 40 Stat.) See note to § 3115*/12a. TITLE XIX—PROVISIONS APPLICA- BLE TO SEVERAL CLASSES OF PUBLIC OFFICERS AND EM- PLOYES Chapter A — Appointment, Qualifica- tion, Compensation, and Services, in General § 3230c. Double salaries; employés of commu- , nity center, department of public schools, D. C.- Section six of the legislative, executive, and judicial appropriation Act, approved May tenth, nineteen hun- dred and Sixteen, as amended, shall not apply to employees of the community center department of the public Schools of the District of Columbia. (July 8, 1918, c. 139, § 1, 40 Stat.) This section was a provision of the deficiency appropria- tion act on account of war expenses for the fiscal year ending June 30, 1918, cited above. $ 3270a. Additional compensation—All civilian employees of the Governments of the United States and the District of Columbia who receive a total Of compensation at the rate of $2,500 per annum Or less, except as otherwise provided in this Section, shall receive, during the fiscal year ending June thir- tieth, nineteen hundred and nineteen, additional Com- pensation at the rate of $120 per annum: Provided, That such employees as receive a total of annual COm- pensation at a rate more than $2,500 and less than $2,620 shall receive additional compensation at Such a rate per annum as may be necessary to make their salaries, plus their additional compensation, at the rate of $2,620 per annum, and no employee shall receive additional compensation under this section at a rate which is more than thirty per centum of the rate of the total annual compensation received by Such em- ployee: Provided further, That the increased compen- sation at the rates of five and ten per Centum for the fiscal year ending June thirtieth, nineteen hundred and eighteen, shall not be computed as salary in Constru- ing this section: Provided further, That where an employee in the service on June thirtieth, nineteen hundred and seventeen, has received during the fiscal year nineteen hundred and eighteen, Or shall receive during the fiscal year nineteen hundred and nineteen an increase of salary at a rate in excess of $200 per annum, or where an employee whether previously in the service or not, has entered the service since June thirtieth, nineteen hundred and seventeen, wheth- er Such employee has received an in Crease in Salary Or not, Such employees shall be granted the increased compensation provided herein Only When and upon the certification Of the perSOn in the legislative branch Or the head of the department Or establishment em- ploying such persons of the ability and qualifications personal to such employees as Would justify Such in- Creased Compensation: Provided further, That the in- creased COUmpensation provided in this Section to em- ployees whose pay is adjusted from time to time through Wage boards or similar authority shall be taken into COnsideration by Such wage boards or similar authority in adjusting the pay of such em- ployees. The provisions of this section shall not apply to the following : Employees paid from the postal revenues and sums which may be advanced from the Treasury * to meet deficiencies in the postal revelſues; employees Of the Panama Canal on the Canal Zone; employees Of the Alaskan Engineering Commission in Alaska , employees paid from lump-sum appropriations in bu- reaus, divisions, commissions, or any other government- al agencies or employments created by law since Janu- alry first, nineteen hundred and sixteen ; employees whose duties require only a portion of their time, ex- Cept Charwomen, who shall be included ; employees Whose services are utilized for brief periods at inter- Wals; perSons employed by Or through corporations, firms, or individuals acting for Or on behalf of Or as agents of the United States or any department or inde- pendent establishment of the GOVernment of the United States in Connection with Construction work Or the Operation of plants; employees who receive a part of their pay from any outside sources under Coopera- tive arrangements with the Government of the United States or the District of Columbia ; employees Who serve voluntarily or receive only a nominal compen- Sation, and employees who may be provided with Spe- Cial allowances because of their Service in foreign countries. The provisions of this section shall not apply to employees of the railroads taken over by the United States, and nothing contained herein shall be deemed a recognition of the employees of such rail- roads as employees Of the United States. Section Six of the legislative, executive, and ju- dicial appropriation Act approved May tenth, nineteen hundred and sixteen, as amended by the naval ap- propriation Act approved August twenty-ninth, nine- teen hundred and . Sixteen, Shall not Operate to pre- vent anyone from receiving the additional Compen- Sation provided in this section Who otherwise is en- titled to receive the Same. Such employees as are engaged. On pieceWork, by the hour, or at per diem rates, if otherwise entitled to receive the additional compensation shall receive the same at the rate to which they are entitled in this section when their fixed rate of pay for the regular working hours and on the basis of three hundred and thirteen days in the said fiscal year would amount to $2,500 or less: Provided, That this method of Computation shall not apply to any per diem em- ployees regularly paid a per diem for every day in the year. SO much as may be necessary to pay the additional COmpensation provided in this section to employees of the Government of the United States is appropri- ated out of any money in the Treasury not otherwise appropriated. - SO much as may be necessary to pay the increased Compensation provided in this Section to employees of the government of the District Of Columbia is ap- propriated, one-half out of any money in the Treas- ury not Otherwise appropriated and One-half Out Of the revenues of the District of Columbia, except to employees of the Washington Aqueduct and the wa- ter department, which shall be paid entirely from the revenues of the water department. SO much as may be necessary to pay the increased compensation provided in this section to persons em- ployed under trust funds who may be construed to be employees Of the GOvernment Of the United States or the District of Columbia is authorized to be paid, respectively, from Such trust funds. Reports shall be submitted to Congress On the first day Of the next regular Session showing for the first four months of the fiscal year the average number Of employees in each department, bureau, office, or establishment receiving the increased compensation at the rate of $120 per annum and the average num- ber by grades receiving the same at each other rate. (July 3, 1918, c. 130, § 6, 40 Stat.) This was section 6 of the legislative, executive, and ju- dicial appropriation act for the fiscal year 1919, cited above. APPENDIX IPage 1775] TITLE XXI-SEAT OF GOVERNMENT, INCLUDING THE PUBLIC BUILD- INGS AND GROUNDS, PARKS AND RESERVATIONS Chapter A–Public Buildings and Grounds, Parks and - Wharves § 3328. The legislative, executive, and judicial appropriation act for the fiscal year 1919, Act July 3, 1918, c. 130, § 1, 40 Stat., contains the following appropriation: “Office of su- perintendent: Assistant superintendent, $2,000; clerks— two of class one, one $1,000; chief engineer, $1,800; five assistant engineers, at $1,200 each; electrical machinist, $1,200; captain of the watch, $1,200; two lieutenants of the watch, at $840 each; seventy watch men; carpenter, $1,000; electrician, $1,200; machinist, $1,000; painter, $1,– 000; plumber, $1,000; three dynamo tenders, at $900 each ; nine skilled laborers or mechanics, at $840 each; messen- ger; foreman of laborers, $840; sixteen firemen; twenty- five elevator conductors, at $720 each; twenty-five labor- ers; three second-class firemen, at $660 each ; four fore- women of charwomen, at $300 each; sixty-seven charwo- men ; gardner, $720 ; attendant, $480; in all, $151,300.” § 3329 cc. Same; distribution of employés—The Superintendent of the State, War, and Navy Lepart- ment Building may from time to time alter the dis- tribution among the various Office buildings under his direction and control of the employees allowed by law as he may find it necessary and proper to do. (July 8, 1918, c. 139, § 1, 40 Stat.) - This section was a provision of the deficiency appropria- tion act on account of war expenses for the fiscal year ending June 30, 1918, cited above. - § 3331 b. Rentals for gas governor's—Rentals shall not be paid for such gas governors greater than thirty-five per centum. Of the actual value of the gas saved thereby, which saving shall be determined by such tests as the Secretary of the Treasury shall di- - (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. $ 3360a. Rock Creek Park and Piney Branch Parkway part of park system—ROCk Creek Park and the Piney Branch Parkway are hereby made a part of the park system of the District of Columbia rect. defined by section two of the Act of Congress ap- proved July first, eighteen hundred and ninety-eight (Thirtieth Statutes at Large, page five hundred and seventy). (July 1, 1918, c. 113, § 1, 40 Stat.) . This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 3369e. Government fuel yards—The Secretary Of the Interior is allth Orized and directed to eStab- lish in the District of Columbia storage and distrib- uting yards for the storage of fuel for the use Of and delivery to all branches of the Federal service and the municipal government in the District of Columbia and such parts thereof as may be situated immediately Without the District Of Columbia and eCOnomically can be supplied therefrom, and to select, purchase, Contract for, and distribute all fuel required by the said services. Authority is granted the Secretary of the Interior, in connection with the establishment of the said yards, to procure by purchase, requisition for immediate use, condemnation, or lease for such pe- riod as may be necessary, land, Wharves, and rail- road trestles and sidings requisite therefor. All branches of the Federal service and the municipal government in the District of Columbia, from and after the establishment of the said fuel yards, shall purchase all fuel from the Secretary of the Interior and make payment therefor from applicable appro- priations at the actual COS't thereOf to the United States, including all expenses Connected therewith. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a part of the sundry civil appropriation act for the fiscal year 1919, cited above. $ 3369ee. Appropriation for fuel; use—For the purchase and transportation of fuel; storing and handling fuel in yards; maintenance and operation of yards and equipment, including motor-propelled passenger-Carrying vehicles for inspectors, rentals, and all other expenses requisite for and incident thereto, including personal services in the District of Columbia, $1,154,088, to be available immediately: * *, Provided further, That no part of any moneys herein or hereafter appropriated shall be used for the purpose of taking over or in any way interfering With the yards or coal dumps or other facilities for Storage and distribution of coal that have been used and Occupied in the past year by coal dealers for Supplying the general public. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a part of the sundry civil appropriation act for the fiscal year 1919, cited above. ppropr Chapter B–Capitol Building and - Grounds § 3408a. Capitol police; additional force—For an additional uniformed police force during the pe. riod of the war for the protection of the Capitol Building and Grounds, the Senate and House Office Buildings, and the Capitol Power Plant, and for emergencies, and each and every item incident there- to, $30,000, one-half to be disbursed by the Secre- tary of the Senate and one-half by the Clerk of the House of Representatives: Provided, That the ap- pointment to the positions herein provided shall be made by the Sergeants-at-Arms of the two Houses and the Superintendent of the Capitol Building and Grounds, and Shall be made solely on account of efficiency and special qualifications. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a part of the sundry civil appropriati act for the fiscal year 1919, cited above. ppropriation TITLE XXIII—THE TERRITORIES AND INSULAR POSSESSIONS Chapter Three A–Alaska $ 3602a. Roads and trails; estimates for work on-That hereafter, so long as the construc- tion and maintenance of “Military and Post” Roads in Alaska, and of other roads, bridges, and trails in that Territory shall remain under the direction of the Secretary of War, he be authorized to submit Such estimates for the consideration of Congress as are in his judgment necessary for a proper prosecu- £iOn º: the work. (July 9, 1918, c. 143, 40 Stat.) This section wa º - º for the fiscal y: *::::: i.ºrmy appropriation act § 36.11a. Insane persons; persons admitted to hospitals—Patients who are not indigent may be admitted to the hospitals for care and treatment on the payment of Such reasonable charges therefor as the Secretary of the Interior shall prescribe. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It su- persedes, a , similar provision of Act June 12, 1917, c. 27, § 1, 40 Stat. 151. § 36.12a. The provisions of this section were repeated in the sun- dry civil , appropriation act for the fiscal year 1919, Act July 1, 1918, c. 113, § 1, .40 Stat., except that part which provided for the disposition of the wharf. § 3613a. Reindeer; sale of males—The Com- missioner of Education is authorized to sell such of the male reindeer belonging to the Government as he may deem advisable and to use the proceeds in the purchase of female reindeer belonging to mis- sions and in the distribution of reindeer to natives in those portions of Alaska in which reindeer have not yet been placed and which are adapted to, the rein- deer industry. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. APPENDIX IPage 1776] TITLE XXVIII—INDIANs Chapter Four C–Allotment of Indian Lands § 4234a. Determination of heirship of deceas- ed members of Cherokee, Choctaw, Chickasaw, Creek and Seminole Tribes—A determination Of the question of fact as to who are the heirs of any de- ceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determina- Eion of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Pro- vided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institu- tion of administration proceedings in Said Courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceed- ings upon. Other proper grounds had been regularly begun, but this proviso shall not be construed to re- Open the question of the determination of an heir- ship already ascertained by competent legal author- ity under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder Service by publication may be had on all unknown heirs, the service to be in accordance with the method. Of Serving nonresident defendants in civil suits in the district courts of said State; and if any person SO served by publication does not appear 'and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily ap- pearing. (June 14, 1918, c. , § 1, 40 Stat.) This section, and the section next following, were an act entitled “An act to provide for a determination of heir- ship in cases of deceased members of the Cherokee, Choc- taW, Chickasaw, Creek, and Seminole Tribes of Indians in Oklahoma, Conferring jurisdiction upon district courts to partition lands belonging to full-blood heirs of allottees of the Five Civilized Tribes, and for other purposes,” cit- ed above. - -- § 4234b. Same; laws applicable to lands of full-blooded members—The lands Of full-blood mem- bers of any Of the Five Civilized Tribes are hereby made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, Or COnveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtain- ing prior to Such partition. In Case of a sale under any decree, or partition, the conveyance thereunder shall Operate to relieve the land described Of all restrictions of every character. (June 14, 1918, c. , § 2, 40 Stat.) See note to § 4234a. TITLE XXIX—IMMIGRATION Chapter A–Regulation and Restriction of Immigration in General $ 4281a. Office for Immigration Service at Montreal, Canada—The Secretary of Labor is au- thorized to execute a lease for office quarters for the Inited States Immigration Service at Montreal, Canada, for a period of five years from July first, nineteen hundred and eighteen, at a rate of rental not exceeding $4,500 per annum. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It Su- persedes a similar provision of Act Aug. 1, 1914, c. 223, § 1, 38 Stat. 666. - - § 4289%bbb. Aliens excluded; aliens con- scripted or volunteering for military service re- admitted—Notwithstanding the provisions of Section three of the immigration Act of February fifth, nine- teen hundred and seventeen, excluding from the United States aliens who are likely to become a public charge, or who are physically defective, Or who are contract laborers, or who have COme in Consequence of advertisements for labor printed, published, or distributed in a foreign country, or who are assist- ed by others to come, or whose ticket or passage is paid for with the money of another or by any COr- poration, association, society, municipality, or foreign government, or who are stowaways, or who are il- literate, aliens lawfully resident in the United States when heretofore or hereafter enlisted or conscripted for the military Service of the United States; and aliens lawfully resident in the United States Who, prior to April sixth, nineteen hundred and seventeen, declared their intention to become citizens of the TJnited States, and who have enlisted for Service With Czecko-Slovak, Polish, or other independent forces at- tached to the United States Army or to the army of any one of the cobelligerents of the United States in the present war, who may, within one year after the termination of the war, apply for readmission to this country, after being honorably discharged or grant- ed furlough abroad by the proper military authori- ties, or after being rejected on final examination in connection with their enlistment or conscription, Shall be readmitted; and that any alien of either Of the two foregoing descriptions who would otherwise be excluded under said section of the immigration Act on the ground that he is idiotic, imbecile, feeble- minded, epileptic, insane, or has had One Or more attacks of insanity, or on the ground that he is af- flicted with constitutional psychopathic inferiority, tuberculosis, a loathsome or dangerous contagious dis- ease, or mental defect, shall be readmitted if it is proved that the disability was acquired while the alien was serving in the military forces of the United States or in an independent force of the kind herein- before described, if such alien returns to a port Of the United States within One year after the termina- tion of the War; and that the head tax provided in the immigration Act of February fifth, nineteen hun- dred and seventeen, shall not be Collected from aliens readmitted into the United States under the provi- sions of this resolution. (June 29, 1918, c. 112, 40 Stat.) This section was a resolution entitled a “Joint Resolu- tion authorizing the readmission to the United States of certain aliens who have been conscripted or have volun- teered for service with the military forces of the United States or cobelligerent forces,” cited above. TITLE xxxi.1—THE PUBLIC LANDS Chapter One—Surveyors and Deputy - Surveyors § 4460a. Surveyors-general; detail of clerks from and to offices—The Secretary of the Interior is authorized to detail temporarily Clerks from the Of- fice Of One Surveyor general to another as the neces- sities of the service may require and to pay their actual necessary traveling expenses in going to and returning from such office out of the appropriation for Surveying the public lands. A detailed Statement of traveling expenses incurred hereunder shall be made APPENDIX [Page 17771 to Congress at the beginning of each regular session thereof. (July 3, 1918, c. 130, § 1, 40 Stat.) - This section was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cit- ed above. It Supersedes a similar provision of Act March 3, 1917, c. 163, § 1, 39 Stat. 1108. Chapter Two—Registers and Receivers § 447.5a. Fees for depositions—Hearings in land entries: For hearings or other proceedings held by or- der of the Commissioner of the General Land Office to determine the character of lands; whether alleged fraudulent entries are of that character or have been made in Compliance with law; and of hearings in disbarment proceedings + +: Provided, That where depositions are taken for use in such hearings the fees of the officer taking them shall be 20 cents per folio for taking and certifying same and 10 cents per folio for each copy furnished to a party on request. (July 1, 1918, c. 113, § 1, 40 Stat.) - This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 4480a. Expenses incurred—NO expenses Chargeable to the Government shall be incurred by registers and receivers in the Conduct of local land Offices except upon previous specific authorization by the Commissioner of the General Land Office. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It su- persedes a similar provision of Act June 12, 1917, c. 27, § 1, 40 Stat. 142. Chapter Six B-Desert and Arid Lands, and Irrigation and Reclamation RECLAMATION OF ARID LANDS BY THE TJNITED STATES § 4709a. King Hill project, Idaho-King Hill project, Idaho: * * Said project shall be subject to the reclamation Act of June Seventeenth, nineteen hundred and two, and all Acts amendatory thereof or supplementary thereto, so far as applicable and consistent with Contract heretofore made between the United States and King Hill irrigation district: Provided further, That for the purposes Of issuing pat- ent to lands reclaimed, the reclamation effected by the operations of the United States Reclamation Service may be considered by the Secretary Of the Interior as equivalent to reclamation effected by the State of Idaho, under the Carey Act of August eighteenth, eighteen hundred and ninety-four. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919. cited above. Chapter Nine—Survey of the Public - Lands - § 4824a. Surveys and resurveys; surveyors— For surveys and resurveys of public lands, under the Supervision of the Commissioner of the General Land Office and direction of the Secretary Of the Interior, $700,000: Provided, That in expending this appropria- tion preference shall be given, first, in favor of Sur- veying townships occupied in whole or in part by actual settlers and of lands granted to the States by the Act approved February twenty-second, eighteen hundred and eighty-nine, and the Acts approved July third and July tenth, eighteen hundred and ninety, and to survey under such other Acts as provide for land grants to the several States and Territories, and Such indemnity lands as the several States and Ter- ritories may be entitled to in lieu of lands granted them for educational and other purposes which may COMP.S.T.’18—112 have been sold or included in some reservation or OtherWise disposed of, except railroad land grants, and Other Surveys shall include lands adapted to agriculture and lands deemed advisable to Survey On account of availability for irrigation or dry farm- ing, lands subject to disposition under mineral land laws Where Survey thereof is not otherwise provid- ed for, lines of reservations, and lands within bound- aries of forest reservations. The surveys and re- Surveys proVided for in this appropriation to be made by Such Competent surveyors as the Secretary of the Interior may select, at such COmpensation, not ex- Ceeding $200 per month each, as he may prescribe, except in Alaska, where a compensation not exceed. ing $300 per month each may be allowed such sur- Veyors, except that the Secretary of the Interior may appoint not to exceed one supervisor of surveys, whose Compensation shall not exceed $300 per month, and not to exceed ten Surveyors who may be employed in a SuperVisory Capacity, whose compensation shall not exceed $250 per month each, and such per diem in lieu of Subsistence, not exceeding $3.50, when allow- ed pursuant to Section thirteen of the sundry civil appropriation Act approved August first, nineteen hundred and fourteen, and actual necessary expenses for transportation, including necessary sleeping-car fares, said per diem and traveling expenses to be al- lowed to all Surveyors employed hereunder and to Such clerks who are competent surveyors who may be detailed to make Surveys, resurveys, or examinations Of Surveys heretofore made and reported to be de- fective Or fraudulent, and inspecting mineral deposits, Coal fields, and timber districts, and for making, by Such Competent Surveyors, fragmentary surveys, and Such other Surveys or examinations as may be re- Quired for identification of lands for purposes of evi- dence in any Suit or proceeding in behalf of the Unit- ed States: Provided further, That the sum of not exceeding ten per centum of the amount hereby ap- propriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior, for the purchase of metal Or Other equally durable monuments to be used for public-land survey corners wherever practicable: Pro- vided further, That not to exceed $25,000 of the above amount may be used to bring up the arrears Of Office work in Surveyors general’s Offices upon returns of surveys filed therein prior to the passage of this Act: Provided further, That not to exceed $10,000 of this appropriation may be expended for salaries of em- ployees Of the field Surveying service temporarily de- tailed to the General Land Office. (July 1, 1918, c. 113, § 1, 40 Stat.) ... This section was a part of the sundry civil appropria- tion act for the fiscal year 1919, cited above. Chapter Ten K—Public Lands in Alaska § 5046a. Entry on unappropriated public lands—Every person Who is qualified under existing laws to make homestead entry of the public lands of the United States Who has settled upon Or who shall hereafter Settle upon any of the public lands of the United States situated in the District. Of Alaska, whether Surveyed or unsurveyed, with the intention Of claiming the same under the homestead laws, shall, Subject to the provisions and limitations of the Act approved March third, nineteen hundred and three, chapter one thousand and two, United States Statutes at Large, page One thousand and twenty-eight, be en- titled to enter one hundred and sixty acres or a less quantity of unappropriated public land in said Dis- trict Of Alaska, and no more, and a former homestead entry in any other State or Territory shall not be a bar to a homestead entry in Alaska: Provided, That nothing herein contained shall be construed to limit or curtail the area of any homestead claim heretO- APPENDIX [Page 1778] fore lawfully initiated. (July 8, 1916, c. 228, § 1, 39 Stat. 352, amended, June 28, 1918, c. 110, 40 Stat.) For section as originally enacted see U. S. Comp. St. 1916, § 5046a. § 5046aa. Same; unsurveyed lands—If the sys- tem of public Surveys has not been extended over the land included in a homestead entry, the entryman may, after due COmpliance with the terms of the homestead law in the matter of residence, cultiva- tion, and improvement, submit to the register and receiver a showing as to such compliance, duly cor- roborated by two witnesses, and if such evidence Sat- isfactorily shows that the homesteader is in a position to Submit acceptable final proof the Surveyor general Of the Territory will be so advised and will, not lat- er than the next succeeding surveying season, issue proper instructions for the survey of the land so en- tered, Without expense to the entryman, who may thereafter Submit final proof as in similar entries of Surveyed lands. So far as practicable, such survey shall follow the general system of public-land sur- Veys, and the entryman Shall Conform his boundaries thereto: Provided, That nothing herein shall pre- vent the homesteader from securing earlier action On his entry by a special survey at his own expense, if he so elects. (July 8, 1916, c. 228, § 2, as added, June 28, 1918, c. 110, 40 Stat.) This section was added to Act July 8, 1916, c. 228, by Act June 28, 1918, c. 110, cited above, in place of section 2 of said Act July 8, 1916, c. 228, and said section 2 was amended as section 3 by said Act June 28, 1918, c. 110. See 5046b, post. § 5046b. Same; lands excepted—There shall be excepted from homestead settlement and entry under this Act the lands in Annette and Pribilof Islands, the islands leased or Occupied for the propagation of foxes, and Such Other lands as have been, Or may be, reserv- ed. Or withdrawn from Settlement Or entry. (July 8, 1916, c. 228, § 3, 39 Stat. 352, amended, June 28, 1918, c. 110, 40 Stat.) See note to $ 5046aa, ante. TITLE XXXII B–THE NATIONAL PARKS, RESERVATIONS, AND - MONUMENTS § 5201. Yellowstone Park; road extensions— Hereafter road extensions and improvements shall be made in Said park under and in harmony with the general plan of roads and improvements to be ap- proved by the Secretary Of the Interior. 1918, c. 113, § 1, 40 Stat.) - - This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. persedes a similar provision of Act June 6, 1900, c. 791, § 1, 31 Stat. 625. e § 5250aa. Limit on cost of buildings erected in national parks increased—The limitation of Cost upon the construction of any administration or other building in any national park without express, author- ity of Congress, contained in the sundry civil appropri- ation Act approved August twenty-fourth, nineteen hundred and twelve, is increased from $1,000 to $1,500. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919. cited above. TITLE XXXIII—DUTIES UPON IMPORTS Chapter B–The Tariff Commission § 5326 bb. Disbursing clerk – The disbursing elerk Of the Treasury Department Shall act in a Simi- lar capacity for the United States Tariff Commission. (July 1, 1918, c. 113, § 1, 40 Stat.) - This section was a provision of the sundry civil appro- priation, act for the fiscal year 1919, cited above. (July 1, . It SUl- TITLE XXXV-INTERNAL REVENUE Chapter One—Officers of Internal Revenue $ 5859a. Internal revenue agents; additional agents–Collecting the income tax: For expenses of aSSessing and collecting the income tax as provided in Title I of an Act entitled “An Act to increase the revenue, and for other purposes,” approved Septem- ber eighth, nineteen hundred and sixteen, and sub- Sequent Acts, including the employment of agents, in- Spectors, deputy collectors, clerks, and messengers in the District of Columbia, and the several collection districts, to be appointed by the Commissioner of In- ternal Revenue, with the approval of the Secretary Of the Treasury, and the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia and the several collection districts, $3,000,000: Pro- Vided, That not more than $215,000 of the foregoing Sum may be used for the employment, in the Bureau of Internal Revenue in the District of Columbia, of necessary clerical and other personal Services, and the purchase of Such supplies, equipment, mechanical de- Vices, and other articles as may be necessary for use in the District of Columbia. (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It supersedes similar provisions of Act March 3, 1917, c. 163, § 1, 39 Stat. 1090. - $ 5859aa. Same; additional agents—For ex- penses of assessing and collecting the internal-revenue taxes, as provided in an Act entitled “An Act to pro- Wide revenue to defray War expenses, and for Other purposes,” approved October third, nineteen hundred and seventeen, including the employment of necessary officers, attorneys, experts, agents, inspectors, deputy Collectors, clerks, janitors, and messengers in the DiS- trict of Columbia and the several Collection districts, to be appointed as provided by law, telegraph and tele- phone service, rental of quarters, postage, and the purchase of such supplies, equipment, mechanical de- vices, printing, stationery, law books and books of ref- erence, and such other articles as may be necessary for use in the District of Columbia and the several collection districts, $8,000,000: Provided, That not more than $500,000 of the total amount appropriated herein may be expended by the Commissioner of In- ternal Revenue for detecting and bringing to trial per- sons guilty of violating the internal-revenue laws Or conniving at the same, including payments for infor- mation and detection. Of Such violations: Provided fur- ther, That not more than $1,172,000 of the total amount appropriated herein may be expended in the Bureau of Internal Revenue, in the District of Colum- bia. (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited , above. $ 5859b. Same; additional agents—Collecting the cotton-futures tax: For expenses to enforce the provisions of part A of the Act approved August elev- enth, nineteen hundred and Sixteen, known as the cot- ton-futures Act, including the employment of attor- neys, agents, inspectors, deputy Collectors, clerks, and messengers at rates to be fixed by the Commissioner of Internal Revenue, subject to the approval of the Secretary Of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary, $20,000: Provided, That no person shall be employed hereunder at a Com- pensation exceeding $4,000 per annum. (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1919, Gited above. It supersedes similar provisions of Act March, 3, 1917, c. 163, § 1, 39 Stat. 1090. $ 5859c. Same; additional agents—Collecting the tax on estates, munitions, and so forth: For ex- APPENDIX [Page 1779] penses of assessing and collecting the tax as provided by Titles I, II, and III, of an Act entitled “An Act to increase the revenue, and for other purposes,” ap- proved September eighth, nineteen hundred and Six- teen, and Subsequent Acts, and to pay Such Sums as the Commissioner of Internal Revenue, with the ap- proval of the Secretary of the Treasury, may deem necessary, $340,000; and the Commissioner of Internal Revenue, With the approval Of the Secretary Of the Treasury, is authorized to appoint and pay from this appropriation all necessary officers, experts, agents, in- Spectors, deputy Collectors, clerks, messengers, and janitors, and to rent such quarters, incur expense for telephone service, purchase Such supplies, equipment, mechanical devices, and other articles as may be neces- Sary for employment or use in the District Of Colum- bia, Or any collection district of the United States, or any of the Territories thereof: Provided, That not more than $40,000 of the amount appropriated may be used for the employment in the Bureau of Internal Revenue in the District of Columbia of necessary cler- ical help at rates to be fixed by the Commissioner of Internal Revenue, subject to the approval of the Sec- retary of the Treasury, and for the purchase of such supplies, equipment, mechanical devices, and other articles as may be necessary for use in the District of Columbia. (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a part of the legislative, executive, and judicial appropriation act for the fiscal year 1919, cited above. It supersedes similar provisions of Act March 3, 1917, c. 163, § 1, 39 Stat. 1091. § 5859d. Same; additional agents—Restricting the Sale of Opium, and SO forth: . For expenses to en- force the provisions of the Act approved December Seventeenth, nineteen hundred and fourteen, entitled “An Act to provide for the registration of, with col- lectors of internal revenue, and to impose a special tax upon, all persons who produce, import, manufac- ture, compound, deal in, dispense, sell, distribute, or give away opium or cocoa leaves, their salts, deriva- tives, or preparations, and for other purposes,” includ- ing the employment of agents, deputy Collectors, in- spectors, chemists, assistant chemists, clerks, and mes- Sengers in the field and in the Bureau Of Internal Revenue in the District of Columbia, to be appointed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, and for the purchase of such Supplies, equipment, mechanical de- vices, and other articles as may be necessary for use in the District of Columbia and the several collection districts, including not to exceed $4 per diem in lieu of Subsistence, $325,000. (July 3, 1918, c. 130, § 1, 40 Stat. - hi. section was a part of the legislative, executive, an judicial appropriation act for the fiscal year 1919, cited above. It supersedes similar provisions of Act March 3, 1917, c. 163, § 1, 39 Stat. 1091. $ 5859dd. Detailed statement of Commission- er of Internal Revenue—The Commissioner Of In- ternal Revenue shall submit to Congress Ön the first day Of its next regular Session a detailed statement showing the number, designation, and annual rate of Compensation of the persons employed and the amounts expended for rent and other authorized purposes in the District of Columbia from the foregoing appropri- ations for the collection of internal revenue. (July 3, 1918, c. 130, § 1, 40 Stat.) - This section was a provision of the legislative, execu- tive, and judicial appropriation act for the fiscal year 1919, cited above. Chapter Nine—Stamp Taxes on Specific Objects § 6318i. Issue, register, or sale of unstamped instruments—Any person. Or persons who shall reg- ister, issue, sell, or transfer, or who shall cause to be issued, registered, sold, or transferred, any in- Strument, document, or paper of any kind or de- SCription Whatsoever mentioned in this Act, without the Same being duly stamped, or having thereupon an adhesive stamp for denoting the tax chargeable thereon, and canceled in the manner required by law, With intent to evade the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon con- Viction thereof shall be punished by a fine not exceed- ing fifty dollars, or by imprisonment not exceeding Six months, or both, in the discretion of the court; and Such instrument, document, or paper, not being Stamped according to law, shall be deemed invalid and Of no effect: Provided, That hereafter, in all cases Where the party has not affixed to any instrument the Stamp required by law thereon at the time of iSSuing, Selling, Or transferring the said bonds, debell- tures, Or Certificates Of Stock Or Of indebtedness, Or any instrument, document, or paper. Of any kind Or de- Scription whatsoever mentioned in Schedule A of this Act, and he or they, or any party having an interest therein, Shall be subsequently desirous of affixing Such Stamp to said instrument, Or, if said instrument be lost, to a COpy thereof, he or they shall appear before the Collector of internal revenue of the proper district, Who shall, upon the payment of the price of the proper stamp required by law, and of a penalty of ten dollars, and, where the whole amount of the tax denoted by the stamp required shall exceed the sum Of fifty dollars, on payment also of interest, at the rate Of six per Centum, on said tax from the day on Which Such stamp ought to have been affixed, affix the proper stamp to such bond, debenture, certifi- Cate of Stock or of indebtedness or copy, or instru- ment, document or paper of any kind or description Whatsoever mentioned in Schedule A of this Act, and Inote upon the margin thereof the date of his so doing and the fact that such penalty has been paid ; and the Same shall thereupon be deemed and held to be as Valid to all intents and purposes as if stamped when made or issued: And provided further, That where it Shall appear to said collector, upon oath or other- wise, to his satisfaction, that any such instrument has not been duly stamped, at the time of making or issuing the Same, by reason of accident, mistake, in- advertence, or urgent necessity, and without any will- ful design to defraud the United States of the stamp, Or to evade or delay the payment thereof, then and in Such Case, if such instrument, or, if the Original be lost, a Copy thereof, duly cértified by the officer having charge of any records in which such original is required to be recorded, or otherwise duly proven to the satisfaction. Of the collector, shall, within twelve calendar months after the making or issuing thereof, be brought to the Said Collector of internal revenue to be stamped, and the Stamp tax chargeable thereon shall be paid, it shall be lawful for the said collec- tor to remit the penalty aforesaid and to cause Such instrument to be duly stamped. And when the Orig- inal instrument, or a certified or duly proven copy thereof, as aforesaid, duly stamped so as to entitle the same to be recorded, shall be presented to the Clerk, register, recorder, or other Officer having charge of the original record, it shall be lawful for such of ficer, upon the payment. Of the fee legally chargeable for the recording thereof, to make a new record there- Of, Or to note upon the Original record the fact that the error or omission in the stamping of said original instrument has been Corrected pursuant to law ; and the original instrument or such certified copy, or the record thereof, may be used in all COurts and places in the Same manner and With like eeffect as if the in- strument had been Originally Stamped : And provided further, That in all cases where the party has not af- fixed the stamp required by law upon any such in- strument issued, registered, sold, or transferred at a time when and at a place Where no collection dis- trict was established, it shall be lawful for him or them, or any party having an interest therein, to affix the proper Stamp theretO, Or, if the Original be lost, to a copy thereof. But no right acquired in good faith before the Stamping of such instrument, Or COpy APPENDIX IPage 1780I thereof, as herein provided, if such record be re- Quired by law, shall in any manner be affected by Such stamping as aforesaid. (June 13, 1898, c. 448, § 13, 30 Stat. 454, amended, March 2, 1901, c. 806, § 7, 31 Stat. 941.) This Section, and the two sections next following, were sections 13-15 of Act June 13, 1898, c. 448, 30 Stat. 448, en- titled “An act to provide ways and means to meet War expenditures, and for other purposes,” cited above. This act was the war revenue act of 1898. This section Was amended by Act March 2, 1901, c. 806, § 7, also cited above, to read as set forth above. - Sections 1, 3, 34-48, of said act, are set forth in U. S. Comp. St. 1916, as sections 6144, 6174, 6824, 6479, 6258, 5980, 6259-6270, thereof, respectively. section 2 of said act was repealed by Act April 12, 1902, c. 500, § 2, 32 Stat. 96. Section 4 of said, act was repealed * by Act April 12, 1902, c. 500, § 5, 32 Stat. 97. Sections 6, 13, 18, 20–25, 27–29, , and schedules A and B of said act, were repealéd by Act April 12, 1902, . c. 500, § 7, 32 Stat. 97. Section 5 of said act was repealed by Act April 12, 1902, c. 500, § 10, 32 Stat. , 99. The other sections of said act were not expressly repealed by said Act April 12, 1902, c 500, or by any subsequent law; but, because of the repeal of the provisiºns of said act of 1898, as above noted, which enumerated the taxes imposed, said unrepealed sections, including §§ 13–15, set forth here, were deemed no longer operative, the taxes to Which they referred (particularly the documentary, taxes) having been repealed, and were accordingly omitted from U. S. Comp. St. 1916. Stamp taxes on certain documents Were... ºn imposed by Act Oct. 22, 1914, c. 331, §§ 5–24, 38 Stat. 753.764, aná by Res. Dec. 17, 1915, c. 4, 39 Stat. — ;, but, the: taxes were repealed by Act Sept. 8, 1916, c. 463, § 410, 39 Stat. 792. Stamp taxes of a similar nature Were 888 ºn, ſº- posed by Act Oct. 3, 1917, c. 63, §§ 800-807, 40 Stat. 3.18:321, which is the law now in force. Said Act Oct. 3. 1917, c. 63, §§ 300-807, however, contain no provisions like those of said $$ 13-15 of the act of 1898; a & of interial Revenue has held that said $$ 13-15 of said, act of 1898 are in force and operative as to the documentary taxes imposed by said act of 1913. Accordingly, said $8 igliº, are set forth in this compilation as $$ 6318i-6318k. § 6318i. Unstamped instruments as evidence —Hereafter no instrument, paper, Or document I’e- quired by law to be stamped, which has been Signed Or issued without being duly stamped, or With a der ficient stamp, nor any copy thereof, shall be recorded or admitted, or used as evidence in any Court until a legal stamp or stamps, denoting the amount Of tax, shall have been affixed thereto, as prescribed by law: Provided, That any bond, debenture, Cer- tificate of stock, or certificate Of indebtedness is- sued in any foreign country shall pay the same tax as is required by law on similar instruments. When issued, sold, or transferred in the United States ; and the party to whom the Same is issued, Or by Whom it is sold or transferred, shall, before Selling Or transferring the same, affix thereon the Stamp. Of stamps indicating the tax required. (June 13, 1898, c. 448, § 14, 30 Stat. 455.) See note to § 6318i. § 6318ix. Record of unstamped instruments— It shall not be lawful to record Or register any in- strument, paper, or document required by law to . be stamped unless a stamp Or Stamps Of the proper amount shall have been affixed and Canceled in the manner prescribed by law; and the record, registry, or transfer of any such instruments upon Which the proper stamp or stamps aforesaid shall not have been affixed and canceled as aforesaid shall not be used in evidence. (June 13, 1898, c. 448, § 15, 30 Stat. 455.) See note to § 6318i. TITLE XXXVI—DEBTS DUE BY OR TO THE UNITED STATES § 6403. Settlement of claims; for loss of property in military service—Private property be- longing to officers, enlisted men, and members Of the Nurse Corps (female) of the Army, including all prescribed articles of equipment and clothing which they are required by law or regulations to OWn and use in the performance of their duties, and horses and equipment required by law or regulations to be provided by mounted officers, which since the fifth day of April, nineteen hundred and seventeen, has and the Commissioner. been or shall hereafter be lost, damaged, or destroy- ed in the military service shall be replaced, or the damage thereto or its value recouped to the OWner as hereinafter provided, when such loss, damage, Or destruction has occurred or shall hereafter occur in any of the following circumstances: - First. When Such loss Or destruction Was Without fault or negligence on the part Of the OWner. Second. When such private property SO lost Or destroyed was shipped on board an unseaworthy ves- sel by Order of an officer authorized to give such order or direct such shipment. Third. When it appears that such private property was so lost Or destroyed in consequence of its OWner having given his attention to the saving of property belonging to the United States which was in danger at the same time and in similar circumstances. Fourth. When during travel under orders the regu- lation allowance of baggage transferred by a Com- mon carrier is lost or damaged; but replacement Or recoupment in these circumstances shall be limited to the extent of such loss or damage Over and above the amount recoverable from Said carrier. Fifth. When such private property is destroyed or captured by the enemy, or is destroyed to prevent its falling into the hands of the enemy, or is aban- doned on account of lack of transportation or by reason of military emergency requiring its abandon- ment, or is otherwise lost in the field during Cam- paign. (March 3, 1885, c. 335, § 1, 23 Stat. 350, amended, July 9, 1918, c. 143, subchapter VI, 40 Stat.) § 6403(1). Same; limitations—Except as to such property as by law or regulations is required to be possessed and used by Officers, enlisted men, and members of the Nurse Corps (female), respectively, the liability of the Government undér this chapter shall be limited to damage to or loss of such articles of personal property as the Secretary of War shall de- Cide or declare to be reasonable, useful, necessary, and proper for officers, enlisted men, or members of the Nurse Corps (female), respectively, as the case may be, while in quarters, engaged in the public Serv- ice, in the line of duty. (March 3, 1885, c. 335, § 2, amended, July 9, 1918, c. 143, Subchapter VI, 40 Stat.) This section was added to Act March 3, 1885, c. 335, cited . by Act July 9, 1918, c. 143, subchapter VI, also cited a, OO Ve. § 6403(2). Same; examination; payment; re- placement—The proper accounting officers of the Treasury be, and they are hereby, authorized and directed to examine into, ascertain and determine the Value Of the property lost, destroyed, captured, Or abandoned as specified in the foregoing sections," Or the amount Of the damage thereto, as the Case may be; and the amount of such value or damage so ascertained and determined shall be paid out of any money in the Treasury not otherwise appropriated: Provided, That in time Of War Or Of Operations dur- ing public disaster such property lost, destroyed, cap- tured, Or abandoned, Or SO damaged as to be unfit for service, shall be replaced in kind from Govern- ment property On hand, Or adequate Commutation given therefor When replacement in kind can not be made, or can not be made within a reasonable time, by the supply officer or quartermaster of the organ- ization to which the person entitled thereto belongs Or with which he is serving upon the Order of the commanding Officer thereof. (March 3, 1885, c. 335, § 3, amended, July 9, 1918, c. 143, Subchapter VI, 40 Stat.) This section was added to Act March 3, 1885, c. 335, cited above, by Act. July 9, 1918, c. 143, subchapter VI, also cited above. & § 6403(3). Same; final determination—The tender of replacement Or of Commutation or the de- termination made by the proper accounting Officers of the Treasury upon a claim presented as provided for in the foregoing Section, shall Constitute a final determination of any claim cognizable under this APPENDIX [Page 1781] chapter, and such claim shall not thereafter be re- Opened Or considered. (March 3, 1885, c. 335, § 4, amended, July 9, 1918, c. 143, subchapter VI, 40 Stat.) This section was added to Act March 3, 1885, c. 335, cited º by Act July 9, 1918, c. 143, subchapter VI, also cited § 6403(4). Same; time for presentation—No claim arising under this chapter shall be considered unless made within two years from the time that it aCCrued ; except that when a claim accrues in time Of war, Or when war intervenes within two years after its accrual, Such claim may be presented within two years after peace is established. (March 3, 1885, c. 335, § 5, amended, July 9, 1918, c. 143, subchapter VI, 40 Stat.) This section was added to Act March 3, 1885, c. 335, cited sº by Act July 9, 1918, c. 143, subchapter VI, also cited a.0OW €. § 6404a. Same; settlement by Auditor for War Department—Payment of claims for damages to and loss of private property incident to the training, practice, Operation, or maintenance of the Army that have accrued, or may hereafter accrue, from time to time, to be immediately available and to remain availa- ble until expended: Provided, That settlement of Such claims shall be made by the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of dam- ages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. (July 9, 1918, c. 143, 40 Stat.) - This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. ... It supersedes a Similar provision of Act May 12, 1917, c. 12, 40 Stat. 59. TITLE XL–THE PUBLIC MONEYS § 6614a. Accountability for trust funds—Dur- ing the present emergency, under Such regulationS aS may be prescribed by the Secretary of War, officers of the Army, accountable for public moneys, may in- trust such moneys to Other Officers for the purpose Of having them make disbursements as their agents, and the Officers to whom the moneys are intrusted, as Well as the Officers Who intrusted Such funds to them, Shall be held pecuniarily responsible therefor to the United States. (July 9, 1918, c. 143, Subchapter III, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. § 6614b. Payments from total available bal- ances—During the present emergency When pressing obligations are required to be paid by a disbursing Officer of the Army and the allotment to his official , credit under the proper appropriation or appropria- tions is temporarily insufficient to pay the same, he is authorized to make payments from the total available balance to his official credit, provided sufficient funds under proper appropriation or appropriations have been appropriated by the chief officer of the bureau or department for the expenditure. When Such disburse- ments are made, the accounts of the disbursing officer shall show the charging of the proper appropria- tions, and the balances thereunder, which will be ad- justed by the disbursing Officer on receipt of funds, or by the accounting Officer of the Treasury. (July 9, 1918, c. 143, subchapter IV, 40 Stat.) - This section was a part of the Army appropriation act for the fiscal year 1919, cited above. § 6617a. Extension of time for transmission of money aceounts—The Secretary of the Treasury is hereby authorized in time of War, upon request to the Secretary of War, to extend the period during which money appropriations for the Army may be transmitted to the Auditor for the War Department after their re- ceipt in the War Department from sixty to ninety days. (July 9, 1918, c. 143, subchapter XVIII, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. accounts covering expenditures from TITLE XLI–APPROPRIATIONS § 6676aa. Printing and binding; for Army and National Guard—Printing, binding, and blank books required for USe Outside of the District Of CO- lumbia in Connection With the support of the Army and the National Guard may be done or procured else- where than at the Government Printing Office when in the opinion of the Secretary of War such work can be more advantageously done or procured locally, the Cost thereof to be paid from the proper appropriations. (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. § 6676.h. Same; for United States Military Academy—EIereafter printing, binding, and blank books required for the use of the United States Mili- tary Academy may be done or procured elsewhere than . at the Government Printing Office when in the opin- ion of the Secretary of War such work can be more advantageously done or procured locally, the cost thereof to be paid from the proper appropriation or appropriations made for the Military Academy. (June 27, 1918, c. 108, 40 Stat.) - This section was a provision of the Military Academy appropriation act for the fiscal year 1919. cited above. § 6761a. Pay of the Navy; hire of quarters for submarine officers—Pay. Of the Navy: * During the war, in such cases as may be approved by the Secretary of the Navy, this appropriation shall be available for the hire of quarters for Officers attached to submarines when they are required to be on shore and Government quarters are not available. (July 1, 1918, c. 114, 40 Stat.) This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § § 6771a. Contract obligations for ordnance- Secretary of War is authorized, during the present emergency, in addition to the appropriations and Ob- ligations specifically authorized by law, to incur ob- ligations for Ordnance and Ordnance supplies and ma- terials: Provided, That the aggregate amount of such obligations shall not exceed $500,000,000. (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. - - § 6772b. Ordnance material; issue—Ordnance materials procured under the Various Ordnance ap- propriations shall hereafter be available for issue, to meet the general needs of the naval Service, under the appropriation from which procured. (July 1, 1918, c. 114, 40 Stat.) . This section was a provision of the Naval appropriation act for the fiscal year 1919, cited above. § 6774a. Advances from appropriations to Coast and Geodetic Survey—Advances of money from available appropriations, hereafter may be made to the Coast and Geodetic Survey and by authority of the superintendent thereof to chiefs of parties, who shall give bond under such rules and regulations and in such sum as the Secretary of Commerce may direct, and accounts arising under such advances shall be rendered through and by the disbursing officer of the Coast and Geodetic Survey to the Treasury Depart- ment as under advances heretofore made to chiefs of parties. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 67.74b. Appropriations for Bureau of Fish- eries; purchases from—Hereafter the Secretary of Commerce is authorized to purchase, to the extent of not to exceed $5,000, from the appropriations for the Bureau of Fisheries, clothing and small Stores for the crews of vessels, to be sold to the employees of said service and the appropriations reimbursed. (July 1, 1918, c. 113, § 1, 40 Stat.) - This section was a provision of the Sundry civil appro- priation act for the fiscal year 1919, cited above. APPENDIX TITLE XIII—THE PUBLIC DEBT § 6829ii. Second, Third, and Fourth Liberty Loans; amount; bornds—The Secretary of the Treas- ury, with the approval of the President, is hereby au- thorized to borrow, from time to time, on the credit of the United States for the purposes of this Act, and to meet expenditures authorized for the national Secu- rity and defense and other public purposes authorized by law, not exceeding in the aggregate $20,000,000,- 000, and to issue therefor bonds of the United States, in addition to the $2,000,000,000 bonds already is- sued or offered for subscription under authority of the Act approved April twenty-fourth, nineteen hun- dred and seventeen, entitled “An Act to authorize an issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to extend credit to foreign governments, and for other purposes”: Pro- vided, That of this sum $3,063,945,460 shall be in lieu of that amount of the unissued bonds authorized by sections one and four of the Act approved April twen- ty-fourth, nineteen hundred and seventeen, $225,000,- 000 shall be in lieu of that amount of the uniSSued bonds authorized by Section thirty-nine Of the Act approved August fifth, nineteen hundred and nine, $150,000,000 shall be in lieu of the unissued bonds au- thorized by the joint resolution approved March fourth, nineteen hundred and seventeen, and $100,- 000,000 shall be in lieu of the unissued bonds au- thorized by section four hundred Of the Act approved March third, nineteen hundred and seventeen. The bonds herein authorized shall be in such form Or forms and denomination. Or denominations and subject to such terms and conditions of issue, Con- version, redemption, maturities, payment, and rate Or rates of interest, not exceeding four and One-quar- ter per Centum per annum, and time Or times Of pay- ment of interest, as the Secretary of the Treasury from time to time at or before the issue thereof may prescribe. The principal and interest thereof shall be payable in United States gold coin of the present standard Of Value. The bonds herein authorized shall from time to time first be Offered at not less than par as a popu- lar loan, under such regulations, prescribed by the Secretary of the Treasury from time to time, as will in his opinion give the people of the United States as nearly as may be an equal Opportunity to participate therein, but he may make allotment in full upon ap- plications for Smaller amounts of bonds in advance Of any date which he may set for the closing of . Sub- scriptions and may reject or reduce allotments upon Iater applications and applications for larger amounts, and may reject or reduce allotments upon appli- cations from incorporated banks and trust companies for their own account and make allotment in full or larger allotments to others, and may establish a graduated Scale of allotments, and may from time to time adopt any or all of said methods, should any Such action be deemed by him to be in the public in- terest: Provided, That such reduction or increase of allotments Of Such bonds Shall be made under general rules to be prescribed by said Secretary and shall apply to all subscribers similarly situated. And any portion of the bonds so offered and not taken may be otherwise disposed of by the Secretary of the Treas- ury in such manner and at such price or prices, not less than par, as he may determine. The Secretary Inay make Special arrangements for subscriptions at not less than par from persons in the military or na- wal forces of the United States, but any bonds issued to such persons shall be in all respects the same as Other bonds of the same issue. (Sept. 24, 1917, c. 56, § 1, 40 Stat. 288, amended, April 4, 1918, c. 44, § 1, 40 Stat., and July 9, 1918, c. 142, § 1, 40 Stat.) This section was again amended by Act July 9, 1918, c. 142, § 1, cited above, by striking out the figures “$12,000,- §§ºo and substituting therefor the figures “$20,- [Page 1782] § 6829.j. Establishment of credits for allied foreign governments engaged in war; purchase of obligations of such governments; appropria- tion—For the purpose of more effectually providing for the national Security and defense and prosecuting the war, the Secretary of the Treasury, with the ap- proval of the President, is hereby authorized, on be- half of the United States, to establish Credits with the United States for any foreign governments then en- gaged in war with the enemies of the United States; and, to the extent of the credits so established from time to time, the Secretary of the Treasury is here- by authorized to purchase, at par, from such foreign governments respectively their several obligations hereafter issued, bearing such rate or rates of inter- est, maturing at such date or dates, not later than the bonds of the United States then last issued under the authority of this Act, or of such Act approved April twenty-fourth, nineteen hundred and seventeen, and containing such terms and Conditions as the Sec- retary of the Treasury may from time to time de- termine, or to make advances to Or for the account Of any Such foreign governments and to receive such obligations at par for the amount of any such ad- Vances; but the rate or rates Of interest borne by any such obligations shall not be less than the high- est rate borne by any bonds of the United States: which, at the time of the acquisition thereof, shall have been issued under authority of said Act approv- ed April twenty-fourth, nineteen hundred and seven- teen, or of this Act, and any such obligations shall contain such provisions as the Secretary of the Treas- ury may from time to time determine for the conver- Sion of a proportionate part of such Obligations into obligations bearing a higher rate of interest if bonds Of the United States issued under authority of this Act shall be converted into other bonds of the United States bearing a higher rate of interest, but the rate Of interest in Such foreign obligations issued upon such conversion shall not be less than the highest rate Of interest borne by Such bonds Of the United States : and the Secretary of the Treasury, with the approval of the President, is hereby authorized to enter into Such arrangements from time to time with any such foreign Governments as may be necessary or desira- ble for establishing such credits and for the payment of such obligations of foreign Governments before maturity. For the purposes of this section there is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $7,000,000,000, and in addition thereto the unexpended balance of the appropriations made by section two of said act approved April twenty-fourth, nineteen hundred and seventeen, or so much thereof as may be necessary: Provided, That the authority granted by this section to the Secretary of the Treasury to establish credits for foreign Governments, as aforesaid, shall cease upon the termination of the war between the United States and the Imperial German Government. (Sept. 24, 1917, c. 56, § 2, 40 Stat. 288, amended, April 4, 1918, c. 44, § 2, 40 Stat. and July 9, 1918, c. 142, § 2, 40 Stat.) - - This section was again amended by Act July 9, 1918, c. 142, § 2, cited above, by striking out the figures “$5,500,000,- 000.” and substituting therefor the figures “$7,000,000,000.” § 6829tll. Bonds and certificates of indebted- ness payable in foreign money exempt from taxa- tion—Notwithstanding the provisions Of the Second Liberty Bond Act, as amended by the Third Iliberty Bond Act, or of the War Finance Corporation Act, bonds and certificates of indebtedness of the United States payable in any foreign money or foreign mon- eys, and bonds of the War Finance Corporation paya- ble in any foreign money or foreign moneys exclu- sively or in the alternative, shall, if and to the extent expressed in such bonds at the time of their issue, with the approval of the Secretary of the Treasury, while beneficially owned by a nonresident alien in- dividual, or by a foreign corporation, partnership. Or association, not engaged in business in the United APPENDIX [Page 17831 States, be exempt both as to principal and interest from any and all taxation now or hereafter imposed by the United States, any State, or any Of the posses- Sions of the United States, or by any local taxing authority. (July 9, 1918, c. 142, § 3, 40 Stat.) This section was section 3 of Act July 9, 1918, c. 142, enti- tled “An act to authorize an additional issue of bonds to meet expenditures for the national security and defense, and for the purpose of assisting in the prosecution of the war, to extend additional credit to foreign Governments, and for other purposes,” cited above. § 68.29m (9%). Fiscal agents—Any incorporated bank Or trust company designated as a depositary by the Secretary of the Treasury under the authority Conferred by section eight of the Second Liberty Bond Act, as amended by the Third Liberty Bond Act, which gives security for such deposits as, and to amounts, by him prescribed, may, upon and subject to Such terms and conditions as the Secretary of the Treasury may prescribe, act as a fiscal agent of the United States in Connection with the Operations of Selling and delivering any bonds, certificates of in- debtedness or war savings certificates of the United States. (July 9, 1918, c. 142, § 4, 40 Stat.) This section was section 4 of Act July 9, 1918, c. 140, cited above. See note to § 6829lll, ante. § 6829qq. Short title of act—The short title of this Act shall be “Fourth Liberty Bond Act.” (July 9, 1918, c. 142, § 5, 40 Stat.) This section was section 5 of Act July 9, 1918, c. 142, cited above. See ante, §§ 6829ii, 6829j, 6829Ill 6829m (9%), and notes thereunder. TITLE XLIII—PUBLIC contRActs § 6832a. Selection and purchase of motor am- bulances for Army without advertisement—The Secretary of War may in his discretion select types and makes of motor ambulances for the Army and authorize their purchase without regard to the laws prescribing advertisement for proposals for supplies §. materials for the Army. (July 9, 1918, c. 143, 40 tat.) . . . . - This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act Oct. 6, 1917, c. 79, § 1, 40 Stat. 364. § 6836b. Purchase of supplies or procurement of services for Bureau of Mines outside District of Columbia not exceeding $50—The purchase of Supplies and equipment or the procurement of services for the Bureau of Mines outside of the District of Columbia, hereafter may be made in open market in the manner Common among business men when the aggregate amount of the purchase does not exceed $50. (July 1, 1918, c. 113, § 1, 40 Stat.) r This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 6836c. Purchase of supplies or procurement of services for Reclarnation Service not exceed- ing $50—Hereafter the purchase of supplies and the procurement of services for the Reclamation Serv- ice may be made in Open market in the manner Com- mon among business men, without advertising and formal Contract, when the aggregate Of the amount I'equired does not exceed $50, and when, in the Opin- ion of the Director of the Reclamation Service, such limitations of amount are not designed to evade the purchase of supplies and the procurement of services under advertising and formal contract, and equally or more advantage6 us terms can thereby be secured. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 6836d. Purchase of supplies or procurement of services for Coast and Geodetic Survey not exceeding $50—Coast and Geodetic Survey: * * Hereafter the purchase of supplies or the procurement of Services outside the District of Columbia may be made in the Open market in the manner common among business men when the aggregate amount Of the purchase does not exceed $50. (July 1, 1918, C. 113, § 1, 40 Stat.) - - - This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 6836e. Purchase of supplies and procure- ment of services for Department of Commerce not exceeding $25—During the present War section thirty-seven hundred and nine of the Revised Stat- utes Of the United States shall not be COnStrued to apply to any purchase or Service rendered for the De- partment of Commerce when the aggregate amount involved does not exceed the sum of $25. (July 3, 1918, c. 130, § 1, 40 Stat.) - This section was a provision of the legislative, executive, ºdicial appropriation act for the fiscal year 1919, cited § 6836f. Purchase of supplies and procure- ment of services for Department of Labor not exceeding $25—During the present war section thir- ty-seven hundred and nine of the Revised Statutes Of the United States shall not be construed to apply to any purchase or service rendered for the Department of Labor when the aggregate amount involved does not exceed the sum of $25. (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a provision of the legislative, executive, sºdicial appropriation act for the fiscal year 1919, cited § 6848a. Purchases of horses for cavalry, ar- tillery, and engineers—Horses for Cavalry, artillery, engineers, and so forth: * * When practicable, horses shall be purchased in Open market at all raili- tary posts or stations, when needed, at a maximum price to be fixed by the Secretary of War: (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriatio act for the fiscal year 1919, cited above. : § 6856. Printing for quartermasters’ Depart- ment—No part of the appropriations for the Quar- termaster Corps shall be expended on printing un- less the same shall be done at the GOvernment Print- ing Office, or by contract after due notice and com- petition, except in such cases as the emergency will not admit of the giving notice Of Competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the purchase of material and hire Of the necessary labor for the purpose. (July 9, 1918, c. 143, 40 Stat.) - This section was, a provision of the Army appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 28, 1918, c. 28, § 1, 40 Stat. § 6861a. Purchases of supplies for depart- ments of instruction of Military Academy—All technical and scientific supplies for the departments of instruction of the Military Academy shall be pur- chased by contract or otherwise, as the Secretary of War may deem best. (June 27, 1918, c. 108, 40 Stat.) This section was a provision of the Military Academy ap- propriation act for the fiscal year 1919, cited above. § 6895a. Contracts to be in writing; excep- tion—During the present emergency, the requirements of section thirty-seven hundred and forty-four of the Revised Statutes shall not apply to the rent of quar- ters for the use of local, district, or medical advisory boards where the amount to be paid is less than is Customarily charged the public for the same quarters: (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. APPENDIX TITLE XLIII A–PUBLIC BUILD- INGS AND WORKS § 691 laa. Condemnation of timber, saw- mills, camps, logging roads, and other supplies; sale of lands acquired or products—That the Act entitled “An Act to authorize condemnation proceed- ings of lands for military purposes,” approved July second, nineteen hundred and seventeen, as amended by an Act approved April eleventh, nineteen hundred and eighteen, be, and the same is hereby, amended, and its provisions in all respects together With all its privileges and benefits are hereby extended to the right of Condemnation of standing Or fallen tim- ber, sawmills, camps, machinery, logging roads, rights of way, equipment, materials, supplies, and any Works, property, or appliances suitable for the effectual pro- duction of such lumber and timber products, for the Army, Navy, United States Shipping Board, or the United States Shipping Board Emergency Fleet Cor- poration. That the right to institute such Condemna- tion proceedings is hereby conferred upon the Sec- retary of War, the Secretary of the Navy, and the Chairman Of the United States Shipping Board and the United States Shipping Board Emergency Fleet Corporation, individually or collectively. Such right of condemnation shall be exercised by such officials only for the purpose of obtaining such property when needed for the production, manufacture, or building aircraft, dry-docks, or vessels, their apparel or fur- niture, for housing of Government employees in Con- nection with the Army, Navy, or the United States Shipping Board and the United States Shipping Board Emergency Fleet Corporation, and for the procure- ment of materials and equipment for aircraft, dry- docks and vessels. The jurisdiction. Of Such Condem- nation proceedings is hereby Wested in the District Courts of the United States, where the property which is sought to be condemned or any part thereof is lo- cated or situated, regardless of the value of the same. And the President is hereby authorized through any department or the United States Shipping Board or said Fleet Corporation to sell and dispose of any lands or interests in real estate acquired for the pro- duction of lumber and timber products, and to sell any logs, manufactured or partly manufactured Or otherwise procured for the Army, Navy, or United States Shipping Board Emergency Fleet Corporation, or resulting from such manufacture or procurement, either to individuals, corporations or foreign states or governments, at such price as he shall determine acting through his above representatives selling or disposing of the same; and the proceeds of such sale shall be returned to the appropriations which bore the expense of such procurement. (July 9, 1918, c. 143, subchapter XV, $ 8, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. The act referred to is Act July 2, 1917, c. 35, 40 Stat. 241, as amended by Act April 11, 1918, c. 51, 40 Stat. - § 6932a. Lease of buildings for military pur- poses—In time of war, or when war is imminent, the Secretary of War is hereby authorized, in his discre- tion, to rent or lease any building or part of building in the District of Columbia that may be required for military purposes. (July 9, 1918, c. 143, 40 Stat.) This section was a provision of the Army appropriation act for the fiscal year 1919, cited above. *}. - § 6933e. Requisition of buildings in Distriet of Columbia by Secretary of War—The Secretary Of War is authorized, for the Official purposes Of the War Department, and within the limits of the ap- propriations for rent made by this or any other Act making appropriations for the War Department, to requisition the use of, and take possession of, any building or any space in any building, and the ap- purtenances thereof, in the District of Columbia, other than a dwelling house Occupied as Such or a building occupied by any other branch of the United States Government, and he shall ascertain and pay just Com- [Page 1784] pensation for such use. If the amount of Compensa- tion. So ascertained be not satisfactory to the person entitled to receive the same, such person shall be paid Seventy-five per centum of such amount and shall be entitled to sue the United States to recover such fur- ther sum as, added to said seventy-five per centum, will make up such amount as will be just Compensa- tion for such use in the manner provided by section twenty-four, paragraph twenty, and Section One hun- dred and forty-five, of the Judicial Code. (July 8, 1918, c. 139, § 1, 40 Stat.) - This section was a provision of the deficiency appropria- tion act on account of war expenses for the fiscal year end- ing June 30, 1918, accompanying an appropriation for rent of buildings in the District of Columbia, for the War De- partment, cited above. * TITLE XLIV—THE PUBLIC PROPERTY § 6941 a.a. Sale of war supplies—That the Pres- ident be, and he hereby is, authorized, through the head of any executive department, to sell, upon such terms as the head of such department shall deem ex- pedient, to any person, partnership, association, cor- poration, or any other department of the Government, Or to any foreign State or Government, engaged in War against any Government with which the United States is at War, any war supplies, material and equipment, and any by-products thereof, and any building, plant or factory, acquired since April sixth, nineteen hundred and seventeen, including the lands upon which the plant or factory may be situated, for the production of such war supplies, materials, and equipment which, during the present emergency, may have or may hereafter be purchased, acquired, or manufactured by the United States: Provided fur- ther, That sales of guns and ammunition made under the authority contained in this or any other Act shall be limited to Sales to Other departments Of the Gov- ernment and to foreign States Or Governments en- gaged in War against any Government with which the Dnited States is at war, and to members of the Na- tional Rifle Association and of other recognized as- Sociations organized in the United States for the en- couragement of small-arms target practice: Provided further, That a detailed report shall be made to Con- gress on the first day of each regular session Of the sales of any war supplies, matériel, lands, factories, or buildings, and equipment made under the author- ity contained in this Or any other Act, except Sales made to any foreign State or Government engaged in war against any Government with which the United States is at War, showing the character of the articles Sold, to whom sold, the price received therefor, and the purpose for which sold: Provided, That any mon- eys received by the United States as the proceeds of any such sale shall be deposited to the credit of that appropriation out of which was paid the cost to the Government of the property thus Sold, and the same shall immediately become available for the purposes named in the original appropriation. (July 9, 1918, c. 143, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above TITLE XLV—PUBLIC PRINTING, AD- VERTISEMENTS, AND PUBLIC DOCUMENTS § 7000a. Compensation of certain operatives— From and after the passage of this Act the compen- Sation Of all printer-linotype Operators, printer-mono- type-keyboard Operators, makers-up, proofreaders, and pressmen employed in the Government Printing Office shall be at the rate of 65 cents per hour for the time actually employed, and that the pay of all composi- tors, bookbinders, and bookbinder-machine operators employed in the Government Printing Office shall be at the rate of 60 cents per hour for the time actually APPENDIX LPage 1785I employed: Provided, That employees of the Govern- ment Printing Office whose wages are increased by the provisions of this Act shall be paid at the rates pro- vided for herein during the period of the present war and for Six months after the proclamation of peace, when the wages paid such employees shall thereafter be at the rates paid at the time of the passage of this Act, unless otherwise provided by law. 1918, c. 139, § 1, 40 Stat.) This Section was a part of the deficiency appropria- tion act on account of war expenses for the fiscal year end- ing June 30, 1918, cited above. - § 7135a. Bulletins of Surgeon General of Ar- my for instruction of medical officers—The sum of $3,000, Or so much thereof as may be necessary, may be used for the publication, from time to time, of bul- letins prepared under the direction of the Surgeon General Of the Army, for the instruction of medical Officers, when approved by the Secretary of War. (July 1, 1918, c. 113, § 1, 40 Stat.) This was a provision of the sundry civil appropriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act June 12, 1917, c. 27, § 1, 40 Stat. 174. TITLE XI,VI—THE POSTAL SERVICE Chapter One—Post-Offices and Post- Masters § 7193a. Bonds; Liberty Loan Bonds in lieu of other bonds—The Postmaster General may, un- der Such rules and regulations as he shall prescribe, accept United States liberty loan bonds in lieu of either Corporate or personal surety from contractors, Officers, and employees of the Postal Service to in- Clemnify the Government against losses resulting from the failure of any contractor, officer, or employee of the Postal Service to properly discharge his official duty. (July 2, 1918, c. 117, § 6, 40 Stat.) This section was section 6 of the postal service appro- priation act for the fiscal year 1919, cited above. § 72.11a. Adjustment of postmasters’ claims for losses by burglary and fire—That the Act ap- proved January twenty-first, nineteen hundred and fourteen (Thirty-eighth Statutes, page two hundred and Seventy-eight), authorizing the Postmaster Gen- eral to adjust certain claims of postmasters for loss by burglary, fire, or other unavoidable casualty, be so amended as to include United States War Savings Certificate Stamps, United States Government Thrift Stamps, war tax revenue stamps, and funds receiv- ed from the sale of such stamps: Provided, That this Act Shall not embrace any claim for losses as afore- said which accrued prior to September twenty-fourth, nineteen hundred and seventeen, and all such claims must be presented within six months from the time the loss occurred. (July 2, 1918, c. 117, § 10, 40 Stat.) This section was section 10 of the postal service appropria- tion act for the fiscal year 1919, cited above. See U Comp. St. 1916, § 7211. - § 72.18aa. Salaries of postmasters; of fourth- class; increase—Postmasters of the fourth class shall receive the same compensation as now provided by law, except that they shall receive One hundred per Centum of the cancellations of the first $80 or less per quarter: Provided further, That, if the compensation does not exceed $50 for any one quarter, fourth-class postmasters shall be allowed an increase of twenty per Centum of the Compensation allowed under existing law: Provided further, That no office shall be advanc- ed to third class by reason of the temporary increases herein provided. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. § 7231a. Foremen and stenographers at first- class offices; salaries—There may also be employ- ed at first-class post offices foremen and stenographers at a salary of $1,300 or more per annulm ; * * (July 2, 1918, c. 117, § 1, 40 Stat.) This was a provision of the postal service appropriation act for the fiscal year, 1919, cited above. It supersedes a iºnar provision of Act March 3, 1917, c. 162, § 1, 39 Stat. (July 8, § 7231 b. Appointment and assignment of clerks—Office of the First Assistant Postmaster Gen- eral: * * Hereafter the appointment and assign- ment of clerks hereunder shall be so made during each fiscal year as not to involve a greater aggregate ex- penditure than the sum appropriated. (July 2, 1918, c. 117, § 1, 40 Stat.) - This section was a provision of the postal service ap- propriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 3, 1917, C. 162, § 1, 39 Stat. 1060. - § 7236.a. Exeess of number of clerks appropri- ated for for particular grades—To enable the POSt- master General to carry out the provisions of this Act and also the Act of March second, nineteen hundred and seven, classifying clerks and city letter carriers in first and second class post offices, he may here- after exceed the number of clerks appropriated for for particular grades: Provided, That the number of clerks in the aggregate as herein authorized be not exceeded. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal Service ap- propriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 3, 1917, c. 162, § 1, 39 Stat. 1062. § 7236aa. Clerks in first and second class of- fices and letter earriers in city Delivery Service; grades—Clerks in first and second class post offices and letter carriers in the City Delivery Service shall be divided into six grades, as follows: First grade, salary $1,000; second grade, salary $1,100; third grade, salary $1,200; fourth grade, salary $1,300; fifth grade, salary $1,400; sixth grade, salary $1,500. Clerks and carriers shall be promoted successively to the sixth grade: Provided, That on July first, nine- teen hundred and eighteen, clerks in first and second class post offices and letter carriers in the City De- livery Service who are in grades two, three, four, five, and six, under the Act of March second, nineteen hun- dred and seven, as amended, shall pass automatically from Such grades and the salaries they receive there- under to the new grades, one, two, three, four, and five, respectively, with the salaries provided for Such grades in this Act. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. § 7237a. Allowances to third class offices for clerieal services—For allowances to third-class post offices to cover the cost of clerical services: * * EIereafter no allowance in excess of $300 shall be made where the salary of the postmaster is $1,000, $1,100, or $1,200; nor in excess of $400 where the salary of the postmaster is $1,300, $1,400, or $1,500; and that no allowance in excess of $500 shall be made Where the salary of the postmaster is $1,600 or $1,700; nor in excess of $800 where the salary of the postmaster in $1,800 or $1,900. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. It Supersedes tºlar matter in Act . March, 3, 1917, c. 162, § 1, 39 Stat. § 7238th. Eight hour day for watchmen, mes- sengers, laborers and certain railway postal clerks—Hereafter watchmen,” messengers, and labor- ers in first and second class post offices, and railway postal clerks assigned to terminal railway post Of- fices and transfer offices, shall be required to WOrk not more than eight hours a day, and that the eight hours of Service shall not extend Over a longer pe— riod than ten consecutive hours, and that in Cases Of emergency or if the needs of the service require they may be required to work in excess of eight hours a day, and for such additional services they shall be paid in proportion to their salaries as fixed by law. (July 2, 1918, c. 117, § 3, 40 Stat.) This section was a part of section 3 Of the postal Serv-, ice appropriation act for the fiscal year 1919, cited above. § 7239d. Compensatory time; overtime in lieu of–Hereafter when any employee in the Postal Serv- ice under the law is entitled to compensatory time for Sunday or holiday Service, if he so elects, he may be APPENDIX paid for Overtime in lieu thereof. 117, § 1, 40 Stat.) This section was a provision of the postal service appro- priation act for the fiscal year 1919, cited above. § 7239e. Same; certain railway postal clerks —Hereafter When the needs Of the POStal Service re- Quire the employment. On SundayS and holidayS Of railway postal clerks assigned to terminal railway post Offices and transfer offices, they shall be grant- ed Compensatory time in the same manner as provid- ed by law for Clerks and Carriers in first and sec- Ond class offices. (July 2, 1918, c. 117, § 3, 40 Stat.) This section was a part of section 3 of the postal serv- ice appropriation act for the fiscal year 1919, cited above. § 7244aa. Reinstatement of employés enter- ing military service—Employees, including substitute elmployees, Of the Postal Service who have entered the military Or naval Service Of the United States Or Who shall hereafter enter it during the existence of the present War, Shall, When honorably discharged from Such Service, be reassigned to their duties in the POS- tal Service at the salary to which they would have been automatically promoted had they remained in the Postal Service, provided they are physically and mentally qualified to perform the duties of such po- sitions. (July 2, 1918, c. 117, § 9, 40 Stat.) This section was section 9 of the postal service appro- priation act for the fiscal year 1919, cited above. § 7245a. Pay of certain substitute, temporary, or auxiliary clerks and letter carriers—Hereafter Substitute, temporary, or auxiliary clerks and let- ter Carriers at first and second class post Offices shall be paid at the rate of 40 cents an hour. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of section 2 of the postal serv- ice appropriation act for the fiscal year 1919, cited above. § 7256a.a. Navy mail elerks and assistants; sections 7256, 7256a extended—The provisions of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, pages four hundred and Seventeen and four hundred and eighteen), as amend- ed by the Act of August twenty-fourth, nineteen hun- dred and twelve (Thirty-seventh Statutes, page five hundred and sixty), and as amended by the Act of March fourth, nineteen hundred and seventeen (Thir- ty-ninth Statutes, page eleven hundred and eighty- eight), are hereby extended to authorize the desig- nation of enlisted men of the Navy or Marine Corps as Navy mail clerks and assistant Navy mail clerks for duty at Stations and shore establishments under the jurisdiction of the Navy Department where the Services Of Such mail clerks and assistant mail clerks are necessary. (July 1, 1918, c. 114, 40 Stat.) This was a part of the naval appropriation act for the fiscal year 1919, cited above. The acts referred to are Act May 27, 1908, c. 206, 35 Stat. 417, as amended by Act Aug. 24, 1912, c. 389, § 11, 37 Stat. 560, and Act March 4, 1917, c. 180, 39 Stat. 1188. § 7259a. Rental of first, second, and third class post offices—For rent, light, and fuel for first, second, and third class post offices: * * Hereafter the POstmaster General may, in the disbursement of the appropriation for such purposes, apply a part thereof to the purpose of leasing premises for the use Of post Offices of the first, second, and third Classes at a reasonable annual rental, to be paid quarterly for a term not exceeding ten years; and that there Shall not be allowed for the use of any third-class post Office for rent a sum in excess of $500, nor more than $100 for fuel and light, in any one year. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal Service appro- priation act for the fiscal year 1919, cited above. § 7264a. Sale of post-route maps and rural- delivery maps—The POStrmaster General may au- thorize the sale to the public of post-route maps and rural-delivery maps Or blue prints at the cost Of print- ing and ten per centum thereof added, the proceeds of Such Sale to be used as a further appropriation for the preparation and publication Of post-route maps (July 2, 1918, c. [Page 17861 and rural-delivery maps or blue prints. c. 117, § 1, 40 Stat.) This section was a provision of the postal service ap- propriation act for the fiscal year 1919, cited above. It supersedes a similar provision of Act March 3, 1917, c. 162, § 1, 39 Stat. 1067. (July 2, 1918, Chapter Two—Carriers, Branch Offices and Receiving-Boxes § 7300aa. Rural free-delivery service; car- riers; salaries; carriers furnishing motor vehi- cles—On and after July first, nineteen hundred and eighteen, rural carriers assigned to horse-drawn Ve- hicle routes on which daily service is performed shall receive $24 per mile per annum for each mile Said routes are in excess of twenty-four miles Or major fraction thereof, based on actual mileage, and rural carriers assigned to horse-drawn vehicle routes On which triweekly service is performed shall receive $12 per mile per annum for each mile said routes are in excess of twenty-four miles or major fraction there- of based on actual mileage: Provided further, That the pay of carriers who furnish and maintain their own motor vehicles and who serve routes not less than fifty miles in length may be fixed at not exceed- ing $2,160 per annum. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. § 7300aaa.. Same; carriers; additional coin- pensation—Rural carriers assigned to horse-drawn vehicle routes now receiving a compensation of $1,- 200 or less per annum, exclusive of mileage allow- ance for miles on routes over twenty-four miles in length, shall receive, in addition thereto, tWenty per centum of the amount of such compensation. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of section 2 of the postal servº ice appropriation act for the fiscal year 1919, cited above. § 73.00%b. Same; carrier on Lake Winnepe- saukee—The contract now in force for carrying the mail on Lake Winnepesaukee from the post office at Iaconia, New Hampshire, shall be readjusted SO that the yearly salary paid the carrier, who furnishes his own equipment, shall be $1,800 per annum. (July 2, 1918, c. 117, § 1, 40 Stat.) • This section was a provision of the postal Service appro- priation act for the fiscal year 1919, cited above. § 73ola. Motor-vehicle truck routes-To pro- mote the conservation of food products and to fa- cilitate the collection and delivery thereof from pro- ducer to consumer, and the delivery of articles neces- sary in the production of such food products to the producers, the Postmaster General is hereby author- ized to conduct experiments in the Operation of motor- vehicle truck routes in the vicinity of Such Cities of the United States as he may select, and under Such rules and regulations as he may prescribe, and the cost of such experiments, not exceeding $300,000, may be paid by the Postmaster General out of any unex: pended appropriations of the Postal Service, and the Postmaster General shall report the result of Such experiments to the Congress at the earliest practicable date. (July 2, 1918, c. 117, § 7, 40 Stat.) - This section was section 7 of the postal service appro- priation act for the fiscal year 1919, cited above. Chapter Eight—Contracts for Carrying the Mails § 7430a. Aeroplanes for experimental, aero- plane mail service—For inland transportation by steamboat or other power-boat routes Or by aero- planes: * * Out of this appropriation the POSt- master General is authorized to expend not exceed- ing $100,000 for the purchase, operation, and mainte- nance of aeroplanes for an experimental aeroplane APPENDIX IPage 17S7] - mail Service between such points as he may determine. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal service appro- priation act for the fiscal year 1919, cited above. It su- persedes a similar provision of Act March 3, 1917, c. 162, § 1, 39 Stat. 1064. . § 7430 b. Aeroplanes and automobiles for Pos- tal Service—The Secretary of War may, in his discre- tion, deliver and turn over to the Postmaster General from time to time, and without charge therefor, for use in the Postal Service, such aeroplanes and auto- mobiles Or parts thereof as may prove to be, or as Shall become, unsuitable for the purposes of the War Department but suitable for the use of the Postal Serv- ice; and the Postmaster General is hereby author- ized to use the same, in his discretion, in the trans- portation of the mails and to pay the necessary ex- penses thereof out of the appropriation for inland transportation by steamboat or other power boat or by aeroplanes or star route. (July 2, 1918, c. 117, § 8, 40 Stat.) - - - This section was section 8 of the postal service appro- priation act for the fiscal year 1919, cited above. § 743 ia. Rates for transportation by electric and cable cars—For inland transportation of mail by electric and cable cars : * * Provided, That the rate of compensation to be paid per mile shall not exceed the rate now paid to companies perform- ing Such service, except that the Postmaster General, in Cases where the quantity of mail is large and the number of exchange points numerous, may, in his dis- Cretion, authorize payment for closed-pouch service at a rate per mile not to exceed one-third above the rate per mile now paid for closed-pouch service, and for mail cars and apartments carrying the mails not to exceed the rate of 1 cent per linear foot per car- mile of travel: Provided further, That the rates for electric car service on routes over twenty miles in length Outside of cities shall not exceed the rates Ipaid for Service on steam railroads: Provided, how- ever, That not to exceed $25,000 of the Sum hereby appropriated may be expended, in the discretion of the Postmaster General, where unusual conditions ex- ist Or Where such service will be more expeditious and efficient and at no greater cost than otherwise, and not to exceed $100,000 of this appropriation may be eXpended for regulation screen or motor Screen Wag- On Service which may be authorized in lieu of electric Or Cable car service. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year, 1919, cited above. It super- Sedes similar provisions of Act March 3, 1917, c. 162, § 1, 39 Stat. 1066. § 7431aa. Same; rates fixed by Interstate Commerce Commission—The Interstate Commerce Commission is hereby empowered and directed as soon as practicable to fix and determine from time to time the fair and reasonable rates and compensation for the transportation of mail matter by urban and in- terurban electric railway Common carriers and the Service Connected there with, prescribing the method Or methods by Weight or space, or both, or otherwise, for ascertaining such rate or compensation and to publish Same, and orders so made and published shall COntinue in force until changed by the commission after due notice and hearing: And provided further, That it shall be unlawful for any urban or interur- ban electric railroad to refuse to perform mail Serv- ice at the rates or methods of compensation thus pro- Vided for such service when required by the Postmas- ter General so to do, and for such offense shall be fined $100. Each day of refusal shall constitute a separate offense. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. § 7446a. Readjustment of pay of star route, screen wagon, and other vehicle service—The Post- master General is authorized to investigate condi- tiºns arising from contracts in the star route, screen wagon and other vehicle service entered into prior to June thirtieth, nineteen hundred and seventeen, and from Contracts for furnishing envelopes, blanks and blank books, and the Official Postal Guide, for con- tracts entered into prior to June thirtieth, nineteen hundred and seventeen, with a view to determining Whether any adjustment should be made in the Com- pensation and to adjust the same for materials or Services hereafter to be furnished or rendered in cas- eS Where the facts disclose the necessity for Such ad- justment, Or, in his discretion, with the consent of the COntractor and his bondsmen, the Postmaster Gener- al may Cancel Such contracts. (July 2, 1918, c. 117, § 4, 40 Stat.) - This section was section 4 of the postal service appro- . priation act for the fiscal year 1919, cited above. § 7454a. Water routes; carriage of mails as freight or express—For inland transportation by Steamboat Or other power-boat routes or by aeroplanes: * * Hereafter, when there is no competition on a route and the rate of compensation asked is exces- sive, or no proposal is received, the Postmaster Gen- eral may require that the mails be carried as freight Or express, and it shall be unlawful for any common. Carrier by water to refuse to carry the mails when so required, and the penalty for such offense shall be a fine Of $500. Each day of refusal shall constitute a separate offense. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. * § 7455 b. Star routes served entirely by Rural Delivery Service—For inland transportation by star routes: * * Hereafter no part of this appropria- tion shall be expended for continuance of any star- route service the patronage of which shall be served entirely by the extension of Rural Delivery Service, nor shall any of said sum be expended for star-route service for a patronage a major portion of which has been served by Rural Delivery Service, unless the Services Of a Qualified rural Carrier can not be se— cured. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal service ap- propriation act for the fiscal year 1919, cited above. Chapter Ten—Railway Service § 7509a. Railway postal clerks; salaries; grades—The salaries of railway postal clerks shall be graded as follows: Grade One at $1,100; grade tWO at $1,200; grade three at $1,300; grade four at $1,400; grade five at $1,500; grade six at $1,600 ; grade Seven at $1,700; grade eight at $1,800; grade nine at $1,900; grade ten at $2,000. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of section 2 of the postal Serv- ice appropriation act for the fiscal year 1919, cited above. § 7509 b. Same; classifying and fixing salaries —The Postmaster General shall classify and fix the salaries Of railway postal clerks, under Such regula- tions as he may prescribe, in the grades provided by law; and for the purpose of organization and estab- lishing maximum grades to which promotions may be made successively, as hereinafter provided, he shall classify railway post offices, terminal railway post offices, and transfer offices with reference to their Character and importance in three classes, with Salary grades as follows: Class A, $1,100 to $1,400; class B, $1,100 to $1,- 500; and class C, $1,100 to $1,700. He may assign to the offices of division superintendents and chief clerks Such railway postal clerks as may be necessary, and fix their salaries within the grades provided by law without regard to the classification of railway post Offices: Provided, That On July first, nineteen hundred and eighteen, railway postal clerks shall pass automa- tically from the grades they are in and the salaries they receive under the Act of August twenty-fourth, nineteen hundred and twelve, to the corresponding grade, with salaries provided for in this Act: Pro- vided, That the classifications and increases of salaries provided for in this section shall not be continued be- yond the fiscal year ending June thirtieth, nineteen hundred and nineteen: Provided further, That the salary of clerks, carriers, and railway postal clerks AFPENDIX I.Page 1788] shall be increased during the fiscal year nineteen hun- dred and nineteen, not more than $200 : Provided further, That the classifications herein provided for shall not become effective until July first, nineteen hundred and eighteen: Provided further, That the salaries of such other employees fixed by law or paid from lump-sum appropriations provided for in this Act, including laborers in the Railway Mail Service, who receive $800 per annum Or less shall be increas- ed twenty per centum per annum ; those who receive in excess of $800 and not more than $1,500 shall be increased fifteen per Centum per annum ; and those who receive in excess Of $1,500 and not more than $2,200 shall be increased ten per centum per annum. Such increases shall not apply to the Special assistant to the Attorney General appropriated for in this Act and to postmasters at Offices Of the first, Second, and third classes. * * Provided further, That the provisions Of this Section shall not apply to employees who receive a part of their pay from any Outside sources under COOperative arrangement with the Post Office Department, or to employees Who Serve voluntarily or receive Only a nominal Compensation: And provided further, That the increased compensa- tion, at the rate of five per centum and ten per centum for the fiscal year ending June thirtieth, nineteen hun- dred and eighteen, shall not be computed as Salary in construing this section. So much as may be nec- essary for the increases provided for in this Act is hereby appropriated. (July 2, 1918, c. 117, § 2, 40 Stat.) This section was a part of section 2 of the postal Serv- ice appropriation act for the fiscal year 1919, cited above. § 7523a. Same; full time to clerks deadhead- *** ałe sº *is ing under orders—Railway postal clerks shall be Credited with full time when deadheading under Or- ders of the department. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal service appro- priation act for the fiscal year 1919, cited above. It super- sedes a similar provision of Act March 3, 1917, c. 162, § 1, 39 Stat. 1065. Chapter Eleven—Foreign Mail Service § 7546a. Censorship of mails—For Censorship of foreign mails, * * of which amount $200,000 shall be available immediately: Provided, That the authority under this appropriation shall cease to be in effect when the existing state of war shall have passed, the date of which shall be ascertained and proclaimed by the President: And provided further, That it shall be the duty of the Postmaster General to Submit to Congress at the beginning Of its regular Session in December of each year a detailed State- Iment of all persons appointed and the salary or Com- pensation paid or allowed to each: And provided fur- ther, That no part of this appropriation shall be ex- pended to pay the expense of censoring mail from the military forces Connected with the American Expe- ditionary Force, which mail has been censored in Europe. (July 2, 1918, c. 117, § 1, 40 Stat.) This section Was a part of the postal service appropria- tion act for the fiscal year 1919, cited above. Chapter Twelve—Post-Office Inspectors § 7548a. Per diem allowances; rules and reg- ulations—The Postmaster General may, in his dis- cretion, allow inspectors per diem while temporarily located at any place on business away from their homes or their designated domiciles for a period not exceeding twenty consecutive days at any one place, and make rules and regulations governing the fore- going provisions relating to per diem. (July 2, 1918, c. 117, § 1, 40 Stat.) - This section was a provision of the postal service appro- priation act for the fiscal year 1919, cited above. § 7548b. shall be paid to inspectors receiving annual salaries of $2,000 or more, except the thirty-two inspectors Same; persons excepted—No per diem - receiving $2,100 each. (July 2, 1918, c. 117, § 1, 40 Stat.) This section was a provision of the postal service appro- priation act for the fiscal year 1919, cited above. Chapter Thirteen A–Postal Savings Depositories § 7585. Deposits; amount; cards and stamps for small amounts—At least one dollar, or a larger amount in multiples thereof, must be deposited before an account is opened with the person depositing the same, and one dollar, or multiples thereof, may be de- posited after such account has been opened, but the balance to the credit of any person, upon which inter- est is payable, shall not exceed $1,000, exclusive Of accumulated interest: Provided, That in . Order that Smaller amounts may be accumulated for deposit, any person may purchase for 10 cents, from any postal-Sav- ings depository, specially prepared adhesive Stamps to be known as “postal-savings stamps,” and attach them to a card which shall be furnished for the pur- pose. A card with ten postal-savings stamps affixed shall be accepted as a deposit of $1 either in opening an account or in adding to an existing a CCOunt, Or may be redeemed in cash. It is hereby made the duty of the Postmaster-General to prepare such postal Sav- ings cards and postal savings stamps of denominations of ten cents, and to keep them. On Sale at every postal savings depository office, and to prescribe all necessary rules and regulations for the issue, Sale, and CanCel- lation thereof. (June 25, 1910, c. 386, § 6, 36 Stat. 815, amended, May 18, 1916, c. 126, § 1, 39 Stat. 159, and July 2, 1918, c. 117, § 13, 40 Stat.) This section was again amended by Act July 2, 1918, c. 117, § 13, cited above, by making changes in the proviso therein, as set forth above. Said proviso, prior to this amendment, read as follows: “‘Provided, That in order that smaller amounts may be accumulated for deposit any person may purchase for ten cents from any depos- itory office a postal savings card to which may be at- tached specially prepared adhesive stamps to be known as “postal savings Stamps,’ and when the Stamps so attach- ed amount to one dollar or a Iarger sum in multiples there- of, including the ten-cent postal savings card, the same may be presented as a deposit for opening an account and additions may be made to any account by means of such card and stamps in amounts of one dollar, or mul- tiples thereof, and when a card and stamps thereto at- tached are accepted as a deposit the postmaster shall im- mediately cancel the same.” § 7586a. Limit on deposits—Hereafter the bal- ance to the credit of any One perSon in a postal-Sav- ings depository, exclusive of accumulated interest, shall not exceed $2,500. Non-interest paying deposits shall not be accepted. All laws inconsistent here- with are hereby repealed. (July 2, 1918, c. 117, § 12, 40 Stat.) This section was section 12 of the postal service appro- priation act for the fiscal year 1919, cited above. TITLE XI,VII—FOREIGN RELATIONS PROTECTION OF UNIFORM OF FRIENDLY NATIONS § 7678%. Unlawful wearing; punishment— It shall be unlawful for any person, with intent to deceive or mislead, within the United States or Ter- ritories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, Or GOVern- ment With which the United States is at peace, Or any uniform, deCOration, Or regalia SO nearly resembling the same as to be Calculated to deceive, unless Such wearing thereof be authorized by such State, nation, Or GOvernment. Any person who violates the provisions Of this Act shall upon conviction be punished by a fine not exceed- ing $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. (July 8, 1918, c. 138, 40 Stat.) This section was an act entitled “An act providing for the protection of the uniform of friendly nations, and for other purposes,” cited above. - APPENDIX [Page 1789] TITLE L A–UNITED STATES SHIP- PING BOARD, NAVAL AUXILIARY AND RESERVE, AND MERCHANT MARINE - $ 8146a. Terms defined—When used in this Act: The term “common carrier by water in foreign com- merce” means a Common carrier, except ferryboats running On regular routes, engaged in the transporta- tion by Water of passengers or property between the United States or any of its Districts, Territories, or p0SSessions and a foreign COuntry, Whether in the im- port or export trade: Provided, That a cargo boat commonly Called an ocean tramp shall not be deemed such “Common Carrier by water in foreign Commerce.” The term “common carrier by water in interstate COmmerce” means a Common carrier engaged in the transportation by water of passengers or property On the high Seas Or the Great Lakes On regular routes from port to port between one State, Territory, Dis- trict, Or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, Dis. trict, Or possession. - The term “common carrier by Water” means a com- mon Carrier by Water in foreign commerce Or a com- mon Carrier by Water in interstate Commerce On the high Seas Or the Great Lakes on regular routes from port to port. - - The term “Other person Subject to this. Act” means any perSon not included in the term “Common carrier by Water,” carrying on the business of forwarding or furnishing Wharfage, dock, Warehouse, or other ter- minal facilities in Connection with a common carrier by Water. - The term “person” includes corporations, partner- Ships, and associations, existing under or authorized by the laws of the United States, or any State, Ter- ritory, District, or possession thereof, or of any for- eign COuntry. gº . The term “vessel” includes all water Craft and Oth- er artificial contrivances of whatever description and at Whatever stage of Construction, whether on the Stocks Or launched, which are used Or are capable of being Or are intended to be used as a means of trans- portation. On Water. The term “do Cumented under the laws Of the Unit- . ed States,” means “registered, enrolled, or licensed under the laws of the United States.” (Sept. 7, 1916, C. 451, § 1, 39 Stat. 728, amended, July 15, 1918, c. —, § 1, 40 Stat.) This section was amended by Act July 15, 1918, c. —, § 1, cited above, by adding thereto the last two paragraphs as set, forth above. . $ 8146.a.a. Corporation, partnership or associ- ation not a citizen; act applied to receivers or trustees—Within the meaning of this Act no Corpo- ration, partnership, or association shall be deemed a Citizen Of the United States unless the controlling in- terest therein is owned by citizens of the United States, and, in the case of a Corporation, unless its president and managing directors are citizens of the United States and the Corporation itself is Organized under the laws of the United States or of a State, Ter- ritory, District, or possession thereof. The Controlling interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to a majority of the stock thereof is not Wested in such citizens free from any trust or fiduciary Obligation in favor of any person not a citizen of the United States; or (b) if the majority of the voting p0Wer in such Corporation is not vested in citizens of the United States; or (c) if through any contract or understanding it is so arranged that the majority Of the voting power may be exercised, directly or in- Öirectly, in behalf of any person who is not a citizen of the United States; or (d) if by any other means Whatsoever control of the corporation is conferred or other disposition of vessels; upon or permitted to be exercised by any person Who - is not a citizen of the United States. The proVisions of this Act shall apply to receivers and trustees Of all persons to whom the Act applies, and to the Successors or assignees of such persons. (Sept. 7, 1916, c. 451, § 2, 39 Stat. 729, amended, July 15, 1918, c. —, § 2, 40 Stat.) - j This Section was amended by Act July 15, 1918, c. —, § 2, cited above, by adding thereto the second paragraph as set forth above. $ 8146.e. Registration, enrollment and licens- ing of vessels; certain vessels to engage in coast- wise trade; regulations as to vessels purchased, chartered or leased; use or disposition of vessels in time of war or national emergency—Any vessel purchased, chartered, or leased from the board may be registered or enrolled and licensed, or both regis- tered and enrolled and licensed, as a vessel of the United States and entitled to the benefits and privi- leges appertaining thereto: Provided, That foreign- built Vessels admitted to American registry or enroll- ment and license under this Act, and vessels Owned, Chartered, or leased by any corporation in which the United States.is a stockholder, and vessels sold, leased, or Chartered to any person a citizen of the United States, as provided in this Act, may engage in the coastwise trade of the United States while owned, leased, Or Chartered by Such a person. . Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be Operated Only under such registry or en- rollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, Whether the United States be interested therein as Owner, in whole Or in part, Or hold any mortgage, lien, or other interest therein. No such vessel, without the approval Of the board, shall be transferred to a foreign registry or flag, or sold ; nor, except under regulations prescribed by the board, be chartered or leased. - NO vessel documented under the laws Of the United States Or Owned by any person a citizen of the United States or by a corporation organized under the laws of the United States or of any State, Territory, Dis- trict, or possession thereof, except One which the board is prohibited from purchasing, Shall be Sold to any person not a citizen of the United States Or trans- ferred to Or placed under a foreign registry Or flag, unless Such vessel is first tendered to the board at the price in good faith offered by others, or, if no Such offer, at a fair price to be determined in the manner provided in Section ten. - Any vessel Sold, Chartered, leased, transferred to Or placed under a foreign registry or flag, or Operated, in violation of any provision of this section shall be forfeited to the United States, and whoever Violates any provision of this section shall be guilty of a mis- demeanor and subject to a fine of not more than $5,000 or to imprisonment for not more than five years, or both. (Sept. 7, 1916, c. 451, § 9, 39 Stat. 730, amend- ed, July 15, 1918, C. , § 3, 40 Stat.) This section was amended by Act July 15, 1918, c. — § 3, cited above, to read as set forth above. § 8146fff. Audit of financial transactions of Corporation—The Secretary of the Treasury is au- thorized and directed to cause an audit to be made Of the financial transactions of the United States' Shipping Board Emergency Fleet Corporation, under Such rules and regulations as he shall prescribe. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the Sundry civil appro- priation act for the fiscal year 1919, cited above. § 8146r (1). Foreign registry of vessels; sale construction of vessels for persons not citizens; control of cor- porations; sailing of vessels not documented- When the United States is at war or during any na- APPENDIX [Page 1790] tional emergency, the existence of which is declared by proclamation of the President, it shall be unlawful, Without first obtaining the approval of the board: (a) To transfer to or place under any foreign reg- istry or flag any vessel owned in whole or in part by any person a citizen of the United States or by a cor- poration Organized under the laws Of the United States, or of any State, Territory, District, or posses- SiOn thereof; or - (b) To sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, Charter, deliver, Or in any manner transfer, to any per- son not a citizen of the United States, (1) any such vessel or any interest therein, or (2) any vessel docu- mented under the laws of the United States, or any interest therein, or (3) any shipyard, dry dock, ship- building or ship-repairing plant or facilities, or any interest therein ; Or - - (C) TO enter into any contract, agreement, or under- Standing to Construct a vessel within the United States for Or to be delivered to any person not a citi- zen of the United States, without expressly stipulat- ing that such construction shall not begin until after the war or emergency proclaimed by the President has ended ; or * - (d) To make any agreement or effect any under- standing whereby there is vested in or for the benefit of any person not a citizen of the United States, the controlling interest or a majority of the voting power in a corporation which is Organized under the laws Of the United States, or of any State, Territory, Dis- trict, or possession thereof, and which owns any ves- sel, shipyard, dry dock, or shipbuilding or ship-re- pairing plant Or facilities; Or * . . (e) To cause or procure any vessel constructed in whole or in part within the United States, which has never cleared for any foreign port, to depart from a port of the United States before it has been docu- mented under the laws of the United States. . Whoever violates, or attempts or conspires to ViO- late, any of the provisions of this section shall be guilty of a misdemeanor, punishable by a fine of not more than $5,000 or by imprisonment for not more than five years, or both. - Any vessel, shipyard, dry dock, ship-building or ship-repairing plant or facilities, or interest therein, sold, mortgaged, ..leased, chartered, delivered, trans- ferred, Or documented, Or agreed to be sold, mortgag- ed, leased, chartered, delivered, transferred, or docu- mented, in violation of any of the provisions of this Section, and any stocks, bonds, Or other securities sold Or transferred, Or agreed to be sold Or transferred, in violation of any of such provisions, or any vessel de- parting in violation of the provisions of subdivision (e), shall be forfeited to the United States. Any such sale, mortgage, lease, charter, delivery, transfer, documentation, Or agreement therefor shall be void, whether made within Or without the United States, and any consideration paid therefor or depos- ited in connection therewith shall be recoverable at the suit of the person who has paid or deposited the Same, Or of his Successors Or assigns, after the tender Of such vessel, shipyard, dry dock, ship building or ship-repairing plant or facilities, or interest therein, or of such stocks, bonds, or other securities, to the person entitled thereto, or after forfeiture thereof to the United States, unless the person to whom the Consideration Was paid, Or in whose interest it was deposited, entered into the transaction in the honest belief that the person who paid or deposited such consideration Was a citizen of the United States. (Sept. 7, 1916, c. 451, § 37, added, July 15, 1918, c. —, § 4, 40 Stat.) - This Section, and the Seven sections next following, were added to Act Sept. 7, 1916, c. 451, by Act July 15, 1918, c. —, § 4, also cited above. - - § 8146+(2). Forfeitures—All forfeitures incur- red under the provisions of this Act may be prosecut- ed in the same Court, and may be disposed of in the Same manner, as forfeitures incurred for offenses against the law relating to the collection of duties. (Sept. 7, 1916, c. 451, § 38, added, July 15, 1918, c. —, $ 4, 40 Stat.) See note to § 8146r (1). $ 8146 rC3). Prima facie evidence—In any action Or proceeding under the provisions Of this Act to enforce a forfeiture the conviction in a court of crim- inal jurisdiction of any person for a violation thereof With respect to the Subject of the forfeiture shall Con- Stitute prima facie evidence of such violation against the person so convicted. (Sept. 7, 1916, c. 451, $ 39, added, July 15, 1918, c. —, § 4, 40 Stat.) See note to § 8146r (1). - - § 81461 (4). Record of sale or other disposi- tion of vessels—Whenever any bill of sale, mortgage, hypothecation, or conveyance of any vessel, Or part thereof, or interest therein, is presented to any Col- lector of the customs to be recorded, the vendee, mort- gagee, or transferee shall file therewith a written deC- laration in such form as the board may by regulation prescribe, setting forth the facts relating to his citizen- ship, and Such other facts as the board requires, ShoW- ing that the transaction does not involve a violation Of any of the provisions of section nine or thirty-seven. Unless the board, before such presentation, has failed to prescribe such form, no such bill of Sale, mortgage, hypothecation, or conveyance shall be valid against any person whatsoever until such declaration has been filed. Any declaration filed by or in behalf of a corporation shall be signed by the president, Secretary, or treasurer thereof. - Whoever knowingly makes any false statement of a material fact in any such declaration shall be guilty of a misdemeanor and subject to a fine. Of not more than $5,000, or to imprisonment for not more than five years, or both. (Sept. 7, 1916, c. 451, § 40, added, July 15, 1918, c. , § 4, 40 Stat.) See note to § 8146r(1). § 8146 r(5). Approvals by board—Whenever by said section nine or thirty-seven the approval Of the board is required to render any act or transaction lawful, such approval may be accorded either abso- lutely or upon such conditions as the board prescribes. Whenever the approval of the board is accorded upon any condition a statement of such condition shall be entered upon its records and incorporated in the Same document or paper which notifies the applicant Of Such approval. A violation of such condition so incorporat- ed shall constitute a misdemeanor and shall be pun- ishable by fine and imprisonment in the Same manner, and shall subject the vessel, Stocks, bonds, Or Other subject matter of the application conditionally approv- ed to forfeiture in the same manner, as though the act conditionally approved had been done without the approval of the board, but the offense shall be deemed to have been committed at the time of the Violation Of the Condition. Whenever by this Act the approval of the board is required to render any act Or transaction lawful, who- ever knowingly makes any false statement of a ma- terial fact to the board, or to any member thereof, or to any officer, attorney, or agent thereof, for the pur- pose of securing such approval. shall be guilty of a misdemeanor and Subject to a fine Of not more than $5,000 or to imprisonment for not more than five years, or both. (Sept. 7, 1916, c. 451, § 41, added, July 15, 1918, c. —, $ 4, 40 Stat.) See note to § 8:146): (1). § 8146+ (6). Documented vessels—Any vessel registered, enrolled, or licensed under the laws of the United States shall be deemed to continue to be docu- mented under the laws Of the United States within the meaning of subdivision (b) of section thirty-seven, until such registry, enrollment, or license is surrender- ed with the approval of the board, the provisions of any other Act of Congress to the contrary notwith- standing. (Sept. 7, 1916, c. 451, § 42, added, July 15, 1918, c. , § 4, 40 Stat.) See note to § 8146f(1). APPENDIX [Page 17911 § 8146r(7) End of war emergency—The fact that a war or emergency has ended shall, for the pur- poses of this Act, be evidenced by a proclamation of the President. (Sept. 7, 1916, c. 451, § 43, added, July 15, 1918, c. , § 4, 40 Stat.) - See note to § 8146r (1). § 81461 (8) Citation of act—This Act may be cited as “Shipping Act, 1916.” (Sept. 7, 1916, c. 451, § 44, added, July 15, 1918, c. —, § 4, 40 Stat.) See note to § 8146r(1). - - - TITLE LII—REGULATION OF STEAM-VESSELS Chapter One—Inspection $ 8.155. Supervising inspector-general and deputy supervising inspector-general; qualifica- tions and appointment—There shall be a supervising inspector general, who shall be appointed from time to time by the President, by and with the advice and Consent of the Senate, and who shall be selected with reference to his fitness and ability to systematize and carry into effect all the provisions of law relating to the Steamboat-Inspection Service, and who shall be entitled to a salary of $5,000 a year and his actual necessary traveling expenses while traveling on of- ficial business assigned him by competent authority, together with his actual and reasonable expenses for transportation of instruments, which shall be certified and Sworn to under such instructions as shall be given by the Secretary of Commerce. The Secretary of Commerce may appoint a deputy • Supervising inspector general, who shall be the chief Clerk Of the bureau and in the absence of the Super- Vising inspector general have power to act in his stead, and who shall be entitled to a salary of $3,000 per year. (R. S. § 4402, amended, July 2, 1918, c. 115, 40 Stat.) This section was amended by Act July 2, 1918, c. 115, cited above, to read as set forth above. - $ 8157. Supervising inspectors; qualifica- tions and appointment—There shall be eleven super- vising inspectors, who shall be appointed by the Presi- dent, by and with the advice and consent of the Sen- ate. Each Of them Shall be Selected for his knowl- edge, Skill, and practical experience in the uSes Of Steam for navigation, and Shall be a Competent judge Of the Character and qualities of steam vessels and Of all parts Of the machinery employed in Steaming. Each Supervising inspector shall be entitled to a sal- ary of $3,450 a year and his actual necessary travel- ing expenses while traveling on official business as- signed him by competent authority, together with his actual and reasonable expenses for transportation of instruments, which shall be certified and sworn to under such instructions as shall be given by the Secre- tary Of Commerce. (R. S. § 4404, amended, July 2, 1918, c. 115, 40 Stat.) - This section was amended by Act July 2, 1918, c. 115, cited above, to read as set forth above. - $ 8.168. Local inspectors; number and sal- aries; assistants; clerks; detail of assistants of one port or district for service in another; traveling expenses—There shall be in each of the following collection districts, namely, the districts of Philadelphia, Pennsylvania; San Francisco, Califor- nia; New London, Connecticut; Baltimore, Maryland ; Detroit, Michigan: Chicago, Illinois; Bangor, Maine; New Haven, Connecticut; Michigan, Michigan; Mil- Waukee, Wisconsin; Willamette, Oregon; Sound, Washington; Savannah, Georgia; Pittsburgh, Pennsylvania ; Oswego, New York; Charleston, South Carolina; Duluth, Minnesota; Superior, Michigan; Apalachicola, Florida ; Galveston, Texas; Alabama ; Providence, Rhode Island; and in each of the following ports: New York, New York; Jackson- Ville, Florida ; Tampa, Florida ; Portland, Maine; Boston, Massachusetts; Buffalo, New York; Cleve- land, Ohio; Toledo, Ohio; Norfolk, Virginia; Evans- South Carolina ; West Virginia; Puget . Mobile, ville, Indiana; Dubuque, Iowa; Louisville, Kentucky; Albany, New York; Cincinnati, Ohio; Memphis, Tenn- essee; Nashville, Tennessee; Saint Louis, Missouri; Port Huron, Michigan; New Orleans, Louisiana; Los Angeles, California; Juneau, Alaska; Saint Michael, Alaska; Point Pleasant, West Virginia; and Burling- ton, Vermont ; Honolulu, Hawaii; and San Juan, Porto Rico; one inspector of hulls and one inspector of boilers. - - The inspector of hulls and the inspector of boilers in the districts and ports enumerated in the preced- ing paragraphs shall be entitled to the following Sal- aries, to be paid under the direction of the Secretary Of Commerce, namely: For the port of New York, New York; of $2,950 per year for each local inspector. For the districts of Philadelphia, Pennsylvania; Baltimore, Maryland ; San Francisco, California; and Puget Sound, Washington ; and the ports of BOS- ton, Massachusetts; Buffalo, New York; and New Or- leans, Louisiana, at the rate of $2,700 per year for each local inspectOr. For the districts of Michigan, Michigan; Milwau- kee, Wisconsin; Duluth, Minnesota; Providence, Rhode Island; Chicago, Illinois; and the ports of Albany, New York; Cleveland, Ohio; Portland, Maine; Los Angeles, California; Juneau, Alaska; Saint Michael, Alaska; and Norfolk, Virginia; Hon- Olulu, Hawaii; and San Juan, Porto Rico; at the rate of $2,500 per year for each local inspector. For the districts of Oswego, New York; Willamette, Oregon; Detroit, Michigan; and Mobile, Alabama; and the ports of Saint Louis, Missouri; and Port Hu- ron, Michigan; at the rate of $2,350 per year for each local inspector. For the districts of Pittsburgh, Pennsylvania; New Haven, Connecticut; , Savannah, Georgia ; Charleston, Galveston, Texas; New LOndon, Connecticut; Superior, Michigan ; Bangor, Maine; and Apalachicola, Florida; and the ports of Dubuque, Iowa; Toledo, Ohio; Evansville, Indiana; Mem- phis, Tennessee; Nashville, Tennessee; Point Pleasant, Burlington, Vermont; Jacksonville, Florida; Tampa, Florida ; Louisville, Kentucky; and Cincinnati, Ohio; at the rate of $2,100 per year for each local inspectOr. And in addition the Secretary Of Commerce may ap- point, in districts or ports where the volume of Work requires them, assistant inspectors, at a Salary, for the port of New York, of $2,500 a year each; for the at the rate port of New Orleans, Louisiana ; the districts of Phil- adelphia, Pennsylvania; Baltimore, Maryland; the ports of Boston, Massachusetts; Providence, Rhode Island; and the district of San Francisco, California, at $2,350 per year each, and for all other districts and ports at a salary of $2,100 a year each ; and he may appoint a clerk to any such board at a compensation not exceeding $1,500 a year to each person SO ap- pointed. Every inspector provided for in this or the preceding sections of this title shall be paid his actual necessary traveling expenses while traveling On Offi- cial business assigned him by COmpetent authority, together with his actual and reasonable expenses for transportation of instruments, which shall be certified and sworn to under such instructions as shall be given by the Secretary of Commerce. Assistant inspectors, appointed as provided by law, shall perform such duties of actual inspection as may be assigned to them under the direction, SuperVision, and control of the local inspectOrS. The Secretary of Commerce may appoint not ex- ceeding four traveling inspectors when in his judg- ment they are necessary for the improvement of the service, each of whom shall be entitled to a salary of $3,000 a year and his actual necessary traveling ex- penses while traveling on official business. That all officers and employees provided for in this APPENDIx IPage 1792.1 Act shall not receive the additional compensation au- thorized by Section six of the Act making appropria- tions for the legislative, executive, and judicial ex- penses of the Government for the fiscal year ending June thirtieth, nineteen hundred and nineteen. And the Secretary of Commerce may from time to time detail Said assistant inspectors of one port or district for Service in any other port or district, as the needs Of the Steamboat-Inspection Service may, in his discretion, require, and the actual necessary traveling expenses of assistant inspectors so detailed, While traveling On official business assigned them by Competent authority, shall, subject to such limitations as the Said Secretary may in his discretion prescribe, be paid in the same manner as provided in this sec- tion for inspection. (R. S. § 4414, amended, Jan. 3, 1887, c. 12, 24 Stat. 354, July 26, 1890, c. 721, 26 Stat. 292, March 1, 1895, c. 146, § 2, 28 Stat. 699, March 2, 1895, c. 186, § 1, 28 Stat. 825, Feb. 15, 1897, c. 231, 29 Stat. 530, April 21, 1898, c. 184, 30 Stat. 360, June 2, 1900, c. 614, 31 Stat. 262, March 3, 1905, c. 1455, 33 Stat. 1026, April 9, 1906, c. 1372, § 1, 34 Stat. 106, May 28, 1908, c. 212, § 9, 35 Stat. 428, March 4, 1913, c. 159, 37 Stat. 1013, Feb. 26, 1917, c. 125, 39 Stat. 942, and July 2, 1918, c. 115, 40 Stat.) . This Section was again amended by Act July 2, 1918, c. 115, cited above, to read as set forth above. - $ 817Oa. Clerks to boards of steamboat in- spectors–Clerk hire, service at large: For compen- Sation, not exceeding $1,500 a year to each person, of Clerk to boards ‘of steamboat inspectors, to be ap- pointed by the Secretary of Commerce in accordance with the provisions of law. * * (July 3, 1918, c. 130, § 1, 40 Stat.) This section was a provision of the legislative, executive, # judicial appropriation act for the fiscal year 1919, cited a,00W e. TITLE LV—LIGHTS AND BUOYS $ 84.35c. Traveling and subsistence expenses of teachers—Hereafter the appropriation, “General expenses, Lighthouse Service,” shall be available, un- der regulations prescribed by the Secretary of Com- merce, for the payment of traveling and subsistence expenses of teachers while actually employed by States Or private persons to instruct the children of keepers of lighthouses. (June 20, 1918, c. 103, § 2, 40 Stat.) - This Section was section 2 of an act to authorize aids to navigation and for other works in the Lighthouse Service, etc., cited above. § 843.9b. Post lantern lights—Hereafter post lantern lights and other aids to navigation may be es- tablished and maintained, in the discretion of the Commissioner Of Lighthouses, out of the annual ap- propriations for the Lighthouse Service, On Lakes Union and Washington, in the State of Washington. (June 20, 1918, c. 103, § 5, 40 Stat.) This section was section 5 of an act to authorize aids to navigation and for other works in the Lighthouse Service, etc., cited above. * $ 8446a. Superintendents of lighthouses; sal- aries—Hereafter a superintendent Of lighthouses shall be assigned in charge of each lighthouse district at an annual salary of not exceeding $3,000 each, except that the salary Of the third lighthouse district shall remain at $3,600, as now fixed by law: Provided, That officers now designated as lighthouse inspectors shall be transferred to the positions of Superintendent Of lighthouses herein authorized in lieu of lighthouse in- . spectors: Provided further, That in the districts which include the Mississippi River and its tributaries the President may designate Army engineers to per- form the duties of and act as superintendent of light- houses without additional Compensation. (June 20, 1918, c. 103, § 7, 40 Stat.) This section was section 7 of an act to authorize aids to navigation and for other Works in the Lighthouse Service, etc., cited above. ! each keeper; § 8447. Compensation of keepers of light- houses—The Secretary of Commerce is authorized to regulate the salaries of the respective keepers of lighthouses in such manner as he deems just and proper, but the whole sum allowed for such salaries Shall not exceed an average of $840 per annum for and the authority herein gpanted to regulate the salaries of keepers of lighthouses shall not be abridged or limited by the provisions of sec- tion seven of the general deficiency appropriation Act approved August twenty-sixth, nineteen hundred and twelve, as amended by Section four of the legis- lative, executive, and judicial appropriation Act ap- proved March fourth, nineteen hundred and thirteen. (United States Statutes at Large, volume thirty-seven, page Seven hundred and ninety.) (R. S. § 4673, amended, June 20, 1918, c. 103, § 8, 40 Stat.) This section was amended by Act June 20, 1918, c. 103, § 8, cited above, to read as set forth above. § 8448. Rations for lighthouse keepers and assistants; commutation—Hereafter every light- house keeper and assistant lighthouse keeper in the Lighthouse Service of the United States Shall be en- titled to receive one ration per day, or, in the dis- Cretion of the Commissioner of Lighthouses, Com- mutation therefor at the rate of 45 cents per ration. (June 20, 1918, c. 103, § 3, 40 Stat.) - This section was section 3 of an act to authorize aids to navigation and for other works in the Lighthouse Service, etc., cited above. The same provision is contained in the sundry civil appropriation act for the fiscal year 1919, Act July 1, 1918, c. 113, § 1, 40 Stat., without the word “here- after.” This section supersedes a similar provision of Act May 14, 1908, c. 168, § 9, 35 Stat. 163. § 84.55a. Retirement of officers and employés —EIereafter all Officers and employees engaged in the field service or on vessels of the Lighthouse Service, except persons continuously employed in district Of- fices or shops, who shall have reached the age of sixty-five years, after having been thirty years in the active Service of the Government, may at their option be retired from further performance of duty; and all such Officers and employees who shall have reached the age of seventy years shall be COImpul- sorily retired from further performance of duty: Provided, That the annual compensation of persons so retired shall be a sum equal to one-fortieth of the average annual pay received for the last five years of service for each year Of active service in the Lighthouse Service Or in a department or branch of the Government having a retirement System, not to exceed in any case thirty-fortieths of such average annual pay received: Provided further, That such retirement pay shall not include any amount On ac- Count of Subsistence or other allowance. (June 20, 1918, c. 103, § 6, 40 Stat.) . This section was section 6 of an act to authorize aids to navigation and for other works in the Lighthouse Service, etc., cited above. § 8459c. Sale of publications—Hereafter the Secretary of Commerce is authorized to provide, un- der regulations to be prescribed by him, for the sale of publications of the Bureau of Lighthouses and the Lighthouse Service, including the allowance of a com- mission for such sales. (June 20, 1918, C. 103, § 4, 40 Stat.) - This section was section 4 of an act to authorize aids to navigation and for other works in the Lighthouse Service, etc., cited above. - 2' TITLE Lv A–THE COAST GUARD Chapter A–General Provisions § 8459%a. - (21/16). Temporary promotion of certain offi- cers—That the President of the United States be, and he is hereby, authorized during the period of the present war to promote temporarily, with the advice and consent of the Senate, Commissioned line officers and engineer officers of the United States Coast Guard below the rank and grades of captain APPENDIX [Page 17931 and captain of engineers to the ranks and grades of the Coast Guard not above captain and Captain of engineers, respectively, without regard to number or length of service in rank or grade: Provided, That such temporary promotions may be to such rank and grade in the Coast Guard not above captain or Cap- tain of engineers as Correspond to the rank and grade that may be attained in accordance with law, either permanently or temporarily, by line officers of the regular Navy of the same length of total Serv- ice: Provided further, That constructors of the Coast Guard now authorized by law who shall have had as much total service in the Coast Guard as the officer of the Construction Corps of the Navy at the foot of the permanent or itemporary list Of those With the rank of lieutenantācommanders may be tem- porarily promoted to the rank of captain of the Coast Guard: And provided further, That for the purposes of this Act service in the Coast Guard to be counted must have been continuous: And provided further, That nothing contained in this paragraph shall Operate to disturb the relative position of offi- cers in the Coast Guard with reference to precedence Or promotion, but all such officers otherwise qualified shall be advanced in rank with Or ahead of Officers in the Coast Guard who were their juniors On the date of this Act. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (2%). Same—That the President be, and he is hereby, authorized during the period of the present war to promote temporarily, with the advice and con- sent of the Senate, the captain commandant of the Coast Guard to the rank of commodore in the Navy and brigadier general in the Army, and the engineer in Chief of the Coast Guard to the rank of Captain in the Navy and Colonel in the Army, Officers Of the Coast Guard holding permanent commissions above the rank and grade of first lieutenant and first lieu- tenant Of engineers as follows: Not to exceed two- fifths of the Captains authorized by law, and not to exceed one-third of the captains of engineers au- thorized by law, to have the rank of senior captain in the Coast Guard; and not to exceed one-third the 'senior captains authorized by law, to have the rank Of Captain in the Navy and Colonel in the Army: Provided, That the senior captains, Captains, and captains of engineers to be temporarily promoted as herein provided, shall be selected as provided by law for promotion by selection in the Navy. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (2%). Temporary rank, pay, and allowances of district superintendents—During the period of the present war, the senior district superintendent, the three district superintendents next in order of Seniority, the four district Superintendents next below these three in Order Of Seniority, and the junior five district superintendents shall have the rank, pay, and allowances of Captain, first lieutenant, and sec- Ond lieutenant, and third lieutenant in the Coast Guard, respectively. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (2%). Effect of temporary promotions—The permanent and probationary commissions of officers of the Coast Guard shall not be vacated by reason of the temporary promotions and advancements au- thorized by this Act, nor shall said officers be preju- diced in their relative lineal rank in regard to their promotion as provided for in existing law: Provided, That no Officer who shall receive a temporary pro- motion or advancement under this Act shall be en- titled to pay or allowances except under such promo- tion or advancement: Provided further, That upon the termination of the temporary promotions and ad- vancements authorized by this Act, the Officers so COMP.ST.’18—113 promoted and advanced shall revert to the rank and grade from which temporarily promoted or advanced, unless Such Officers in the meantime, in accordance with law, become entitled to promotion to a higher grade Or rank in the permanent Coast Guard, in which case they shall revert to said higher grade or rank, and shall, after passing the prescribed exami- nations, be commissioned accordingly. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (2%). Termination of temporary promotions— All temporary promotions and advancements author- ized by this Act shall continue in force only until Otherwise directed by the President, and not later than six months after the termination of the present war. (July 1, 1918, c. 114, 40 Stat.) - This paragraph was a part of the Naval appropriation act for the fiscal year 1919, Čited above. (2%). Retirement of officers temporarily pro- moted—Any officer of the Coast Guard temporarily promoted Or advanced in grade or rank in accordance With the provisions of this Act who shall be retired from active service under his permanent commission While holding such temporary grade or rank, except for physical disability incurred in line of duty, shall be placed on the retired list with the grade or rank to which his position in the permanent Coast Guard at the date Of his retirement would entitle him. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (2%). Effect of provisions of Act relating to Coast Guard—Nothing contained in this Act relating to the Coast Guard shall operate to reduce the rank, pay, Or allowances that would have been received by any person in the Coast Guard except for the passage of this Act. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation. act for the fiscal year 1919, cited above." (3%). Pay of officers on sea and foreign duty —Officers Of the United States Coast Guard. On Sea duty Or On shore duty beyond the continental limits of the United States during the period of the present War Shall receive the same increase of pay and al- lowances in all respects as are now or may hereafter be provided by law for officers of the Navy of corre- sponding rank. (July 1, 1918, c. 114, 40 Stat.) This paragraph was a part of the Naval appropriation act for the fiscal year 1919, cited above. (15). Skilled draftsmen and technical services —The services of skilled draftsmen, and such other technical services as the Secretary of the Treasury may deem necessary, may be employed only in the Office Of the Coast Guard in COnnection with the COn- struction and repair of Coast Guard cutters, to be paid from the appropriation “Repairs to Coast Guard Cutters.” ” * A statement Of the persons em- ployed hereunder, their duties, and the compensation paid to each shall be made to Congress each year in the annual estimates. (July 3, 1918, c. 130, § 1, 40 Stat.) This paragraph was a provision of the legislative, execu- tive, and judicial appropriation act for the fiscal year 1919, cited above. - ... ' ' ' Chapter B—The Revenue-Cutter - Service § 84.59%b. ~, (19%) Pay and allowance of civilian instruc- tors—A civilian instructor in the Coast Guard, after five years' service as such, shall have the pay and al- lowances of a second lieutenant, and after ten years of such service shall have the pay and allowances Of a first lieutenant in the Coast Guard. (July 1, 1918, c. 113, § 1, 40 Stat.) - This paragraph was a provision of the sundry civil ap- propriation act for the fiscal year 1919, cited above. APPENDIX IPage 1794] - (34%) Pay and allowances of cadets—Cadets in the Coast Guard shall receive the same pay and al- lowances as are now or may hereafter be provided by law for midshipmen in the Navy. (July 1, 1918, c. 113, § 1, 40 Stat.) This paragraph was a provision of the sundry civil ap- propriation act for the fiscal year 1919, cited above. (42%) Rations or commutation thereof—For rations or commutation thereof at the rate of 45 cents per ration for warrant officers, petty Officers, and other enlisted men, $810,000. (July 1, 1918, C. 113, § 1, 40 Stat.) This paragraph was a provision of the Sundry civil ap- propriation act for the fiscal year 1919, cited above TITLE LVI—THE COAST AND GEODETIC SURVEY $ 8561a. The sundry civil appropriation act for the fiscal year 1919, Act July 1, 1918, c. 113, § 1, 40 Stat., makes appropria- tion for the salaries of Officers and clerical force of the Coast and Geodetic Survey as follows: “Superintendent, $6,000; hydrographic and geodetic engi- neers, junior hydrographic and geodetic engineers, and aids, to be employed in the field or office, as the superin- tendent may direct, one of whom may be designated by the Secretary of Commerce to act as assistant superintend- ent; hydrographic and geodetic engineers—two at $4,000 each, One $3,200, five at $3,000 each, one $2,800, five at $2,500 each, twelve at $2,400 each, nine at $2,200 each, twelve at $2,000 each; junior hydrographic and geodetic engineers—sixteen at $1,800 each, eleven at $1,600 each, nine at $1,400 each, twelve at $1,200 each; aids—ten at $1,100 each, nineteen at $1,000 each; in all, $223,500. “Office force: Disbursing agent, $2,500; chief of division of library and archives, $1,800; clerk to superintendent, $1,800; chief of printing and sales, $2,000; clerks—two at $1,800 each, three at $1,650 each, four at $1,400 each, eleven at $1,200 each, five at $1,000 each, ten at $900 each, six at $720 each ; “Topographic and hydrographic draftsmen: Two at $2,- 400 each, three at $2,200 each, three at $2,000 each, three at $1,800 each, three at $1,600 each, three at $1,400 each, six at $1,200 each, two at $1,000 each, two copyist drafts- men at $1,000 each; “Astronomical, geodetic, tidal, and miscellaneous com- puters: One $2,500, two at $2,200 each, two at $2,100 each, two at $2,000 each, four at $1,800 each, four at $1,600 each, five at $1,400 each, eleven at $1,200 each; “Copperplate engravers: One $2,400, two at $2,200 each, three at $2,000 each, three at $1,800 each, two at $1,600 each, two at $1,400 each, one $1,200, two at $1,000 each; “Engravers and apprentices at not exceeding $1,000 each, $3,600; “Instrument makers: Mechanical engineer $2,750, one $1,800, one $1,600, two at $1,400 each, three at $1,200 each; “Pattern makers and carpenters: Three at $1,400 each, two carpenters and painters at $900 each; “Lithographers, lithographic draftsmen, transferers, lith- ographic pressmen and their helpers, plate printers and their helpers, and other skilled laborers: Two at $2,000 each, two at $1,800 each, one $1,700, one $1,600, one $1,400, eight at $1,200 each, two at $1,000 each, one $900, five at $700 each; “Photographers: One $1,700, one $1,600, one $1,200; “Engineer, electricians, dynamo tenders, and electro- typers: One $1,800, one $1,400, one $1,200, four at $1,080 each ; “Watchmen, firemen, messengers, and laborers: Three at $880 each, three at $840 each, four at $820 each, three at $720 each, four at $700 each, two at $640 each, three at $630 each, one $550.” $ 8562g. Military surveys and maps—Military Surveys and maps: For the execution of topographic Or other surveys, the Securing of Such extra topo- graphic data as may be required, and the preparation and printing of maps required for military purposes, to be immediately available and remain available un- til December thirty-first, nineteen hundred and nine- teen: Provided, That the Secretary of War is au- thorized to secure the assistance, wherever practica- ble, Of the United States Geological Survey, the Coast and Geodetic Survey, or other mapping agencies of the GOVernment in this work, and to allot funds therefor to them from this appropriation, $850,000. (July 9, 1918, c. 143, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. y prop TITLE LVI A–REGULATION OF COM- MON CARRIERS OF INTERSTATE AND FOREIGN COMMERCE Chapter C–Safety Appliances and Equipments on Railroad Engines and Cars, and Protection of , Employés and Travelers $ 8632. Inspection of locomotive boilers and appurtenances; chief inspectors—There Shall be appointed by the President, by and with the advice and COnSent Of the .* a chief inspector and tWO assistant Chief inspectoi’s Of locomotive boilers, who shall have general superintendence of the inspectors hereinafter provided for; direct them in the duties hereby imposed upon thefn, and see that the require- ments Of this Act and the rules, regulations, and in- Structions made Or given hereunder are observed by COmmon carriers Subject hereto. The said Chief in- SpectOr and his two assistants shall be Selected With reference to their practical knowledge of the construc- tion and repairing Of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and main- tenance of locomotive boilers. The chief inspector shall receive a salary of $5,000 per year and the as- SiStant Chief inspector Shall each receive a Salary Of $4,000 per year; and each of the three shall be paid his traveling expenses incurred in the perform- ance Of his duties. The Office Of the chief inspec- tor shall be in Washington, District of Columbia, and the InterState Commerce Commission shall provide Such stenographic and clerical help as the business of the Offices of the chief inspector and his said assist- ants may require. (Feb. 17, 1911, c. 103, § 3, 36 Stat. 914, amended, June 26, 1918, c. 105, § 1, 40 Stat.) This section was amended by Act June 26, 1918, c. 105, § 1, cited above, by increasing the salary of the chief in- spector from $4,000 to $5,000 per year, and by increasing the salaries of the chief assistant inspectors from $3,000 to $4,000 per year. Section 2 of said amendatory act provided that nothing in said amendatory act should be construed as amending, altering, or repealing any of the other pro- visions of the sections amended. $ 8633. Inspection districts; appointment of inspectors, and assignment to districts; salaries and expenses; examinations of applicants; dis- gualifications—Immediately after his appointment and qualification the chief inspector shall divide the territory comprising the several States, the Territories of New Mexico and Arizona, and the District of Co- lumbia into fifty locomotive boiler-inspections districts, so arranged that the Service Of the inspector appoint- ed for each district Shall be most effective, and SO that the work required of each inspector shall, be sub- stantially the same. Thereupon there shall be appoint- ed by the Interstate Commerce Commission fifty in- spectors of locomotive boilers. Said inspectors shall be in the classified Service and Shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission gov- erning the classified service. The chief inspector shall assign. One inspector SO appointed to each of the dis- tricts hereinbefore named. Each inspector Shall re- ceive a salary of $3,000 per year and his traveling ex- penses while engaged in the performance Of his duty. He Shall receive in addition theretO an annual allow- ance for office rent, stationery, and clerical assistance, to be fixed by the Interstate Commerce Commission, but not to exceed in the case of any district inspector six hundred dollars per year. In order to obtain the most competent inspectors possible, it shall be the duty of the chief inspector to prepare a list of ques- tions to be propounded to applicants with respect to construction, repair, operation, testing, and inspec- tion of locomotive boilers, and their practical ex- perience in such work, which list, being approved by the Interstate Commerce Commission, Shall be used APPENDIX [Page 17951 by the Civil Service Commission as a part of its ex- amination. No person interested, either directly or indirectly, in any patented article required to be used On any 10COmotive under Supervision or who is in- temperate in his habits shall be eligible to hold the Office Of either chief inspector or assistant or dis- trict inspector. (Feb. 17, 1911, c. 103, § 4, 30 Stat. 914, amended, June 26, 1918, c. 105, § 1, 40 Stat.) This section was amended by Act June 26, 1918, c. 105, § 1, cited above, by increasing the salaries of the district fººtors from $1,800 to $3,000 per year. See, also, note to Chapter F-Arbitration between Car- riers and Employés $ 867.5a. Expenses of boards of arbitration— Authority for incurring expenses, including subsist- ence, by boards of arbitration shall first be obtained from the Board of Mediation and Conciliation. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. TITLE LVI E–PROTECTION OF MIGRATORY GAME AND IN- SECTIVORO US BIRDS § 8837a. Short title of act—This Act Shall be known by the short title of the “Migratory Bird Trea- ty Act.” (July 3, 1918, c. 128, § 1, 40 Stat.) This section, and the twelve sections next following, Were an act entitled “An act to give effect to the conven- tion between the United States and Great Britain for the protection of migratory birds concluded at Washington, August sixteenth, nineteen hundred and sixteen, and for Other purposes,” cited above. § 8837b. Taking, killing, or possessing migra- tory birds unlawful—Unless and eXcept as permitted by regulations made as hereinafter provided, it shall be unlawful to hunt, take, capture, kill, aftempt to take, Capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for Shipment, ship, Cause to be shipped, deliver for transportation, trans- port, CauSe to be transported, Carry Or Cause to be Carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time Or in any manner, any migratory bird, included in the terms Of the Convention between the United States and Great Britain for the protection of migratory birds Concluded August sixteenth, nineteen hundred and sixteen, Or any part, nest, or egg Of any Such bird. (July 3, 1918, c. 128, § 2, 40 Stat.) See note to § 8837a. § 8837e. Determination as to when and how migratory birds may be taken, killed, or possess- ed—Subject to the provisions and in order to carry Out the purposes Of the Convention, the Secretary of Agriculture is authorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what ex- tent, if at all, and by what means, it is compatible with the terms of the convention to allow hunting, taking, Capture, killing, possession, sale, purchase, Shipment, transportation, carriage, or export of any Such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations, which regulations shall become effective when approv- ed by the President. (July 3, 1918, c. 128, § 3, 40 Stat.) See note to § 8837a. $ 8837d. Transportation or importation of migratory birds—It shall be unlawful to ship, trans- port, Or Carry, by any means whatever, from one State, Territory, or District to or through another State, Territory, or District, or to or through a foreign coun- tly, any bird, or any part, nest, or egg thereof, cap- tured, killed, taken, shipped, transported, Or Carried at any time contrary to the laws of the State, Terri- tory, Or District in which it was captured, killed, or taken, or from which it was shipped, transported, or Carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, Shipped, transported, or carried contrary to the laws Of any ProVince of the Dominion of Canada in which the Same Was captured, killed, or taken, or from which it was Shipped, transported, or carried. (July 3, 1918, c. 128, § 4, 40 Stat.) See note to § 8837a. $ 8837e. Arrests; search warrants—Any em- ployee Of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provi- Sions Of this Act shall have power, without warrant, to arrest any perSOn COmmitting a violation of this Act in his presence or view and to take such person immediately for examination or trial before an Of- ficer or court of competent jurisdiction ; shall have power, to execute any warrant or other process issued by an Officer or Court of competent jurisdiction for the enforcement Of the provisions Of this Act ; and shall have authority, with a search warrant, to search any place. The Several judges of the courts established un- der the laws of the United States, and United States Commissioners may, within their respective jurisdic- tions, upon proper oath or affirmation showing proba- ble Cause, issue Warrants in all such cases. All birds, Or parts, nests, or eggs thereof, captured, killed, taken, Shipped, transported, carried, or possessed contrary to the provisions of this Act or of any regulations made pursuant thereto shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and, upon conviction of the Offender or upon judgment Of a Court of the United States that the Same were captured, killed, taken, shipped, transport- ed, Carried, or possessed contrary to the provisions of this Act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (July 3, 1918, c. 128, § 5, 40 Stat.) See note to § 8837a. § 8837f. Punishments—Any person, association, partnership, or Corporation who shall violate any of the provisions of said convention or of this Act, or who Shall violate or fail to comply with any regulation made pursuant to this Act, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than Six months, or both. (July 3, 1918, c. 128, § 6, 40 Stat.) See note to § 8837a. § 8837g. State or Territorial laws or regula- tions—Nothing in this Act shall be construed to pre- Vent the Several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said convention or of this Act, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if Such laws or regulations do not extend the open seasons for such birds beyond the dates ap- proved by the President in accordance with Section three of this Act. (July 3, 1918, c. 128, § 7, 40 Stat.) See note to § 8837a. § 8837h. Migratory birds, nests, or eggs for scientific or propagating purposes—Until the adop- tion and approval, pursuant to section three of this Act, of regulations dealing with migratory birds and their nests and eggs, such migratory birds and their nests and eggs as are intended and used exclusively for scientific or propagating purposes may be taken, captured, killed, possessed, sold, purchased, shipped, and transported for such scientific or propagating pur- poses if and to the extent not in conflict wifh the laws of the State, Territory, or District in which they are taken, captured, killed, possessed, sold, or pur- chased, or in Or from which they are shipped or trans- ported if the packages containing the dead bodies or the nests or eggs of such birds when shipped and transported shall be marked on the outside thereof so as accurately and clearly to show the name and ad. dress of the shipper and the contents of the packagº (July 3, 1918, c. 128, § 8, 40 Stat.) See note to § 8837a. APPENDIX [Page 1796] $ 8837i. Appropriation—The unexpended bal- ances Of any Sums appropriated by the agricultural appropriation Acts for the fiscal years nineteen hun- dred and Seventeen and nineteen hundred and eight- een, for enforcing the provisions of the Act approved March fourth, nineteen hundred and thirteen, relating to the protection of migratory game and insectivorous birds, are hereby reappropriated and made available until expended for the expenses of carrying into ef- fect the provisions of this Act and regulations made pursuant thereto, including the payment of such rent, and the employment of such persons and means, as the Secretary of Agriculture may deem necessary, in the District of Columbia and elsewhere, cooperation with local authorities in the protection of migratory birds, and necessary investigations Connected there- with: Provided, That no person who is subject to the draft for service in the Army or Navy shall be exempted or excused from such Service by reason of his employment under this Act. (July 3, 1918, c. 128, § 9, 40 Stat.) - See note to § 8837a. . § 8837.j. Partial invalidity of act—If any Clause, Sentence, paragraph, Or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not af- fect, impair, or invalidate the remainder thereof, but Shall be Confined in its Operation to the clause, Sen- tence, paragraph, or part thereof directly involved in the controversy in which Such judgment shall have been rendered. (July 3, 1918, c. 128, § 10, 40 Stat.) See note to $ 8837a. - $ 88371x. Repeal—All Acts or parts of Acts in- consistent with the provisions of this Act are hereby repealed. (July 3, 1918, c. 128, § 11, 40 Stat.) See note to § 8837a. . - § 8837 l. migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food Supply. (July 3, 1918, c. 128, § 12, 40 Stat.) - See in Ote to § 8837 a. § 8837m. Time of taking effect of act—This Act shall become effective immediately upon its passage and approval. (July 3, 1918, c. 128, § 13, 40 Stat.) See note to § 8837a. TITLE LVII—PENSIONS § 8985a. Vidows and children of officers and enlisted men serving in Spanish war, Philippine insurrection, or Chinese Boxer rebellion—From and after the passage of this Act if any volunteer of ficer or enlisted man who served ninety days Or more in the Army, . Navy, or Marine Corps Of the United States, during the War with Spain or the Philippine insurrection, between April twenty-first, eighteen hun- dred and ninety-eight, and July fourth, nineteen hun- dred and two, inclusive, service to be computed from date of enlistment to date of discharge, or any Of- ficer or enlisted man of the Regular Establishment who rendered ninety days or more actual military or naval service in the United States Army, Navy, or Ma- rine Corps in the War with Spain or the Philippine insurrection between April twenty-first, eighteen hun- dred and ninety-eight, and July fourth, nineteen hun- dred and two, inclusive, or as a participant in the Chinese Boxer rebellion campaign between June six- teenth, nineteen hundred, and October first, nineteen hundred, and who has been honorably discharged therefrom, has died or shall hereafter die leaving a widow without means of support other than her daily labor, and an actual net income not exceeding $250 per year, or leaving a minor child or children under the age of sixteen years, such widow shall upon due proof of her husband’s death, without proving his death to be the result of his Army or Navy service, be placed on the pension roll from the date of the filing of her application therefor under this Act, at the rate of $12 per month during her widowhood, . Breeding for food supply—Nothing in this Act shall be construed to prevent the breeding of and shall also be paid $2 per month for each child of Such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor child is insane, idiotic, or otherwise permanently help- less, the pension shall Continue during the life of said child, or during the period of such disability, and shall commence from the date of application therefor after the passage of this Act: Provided further, That Said widow Shall have married Said officer or enlisted man previous to the passage Of this. Act: Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public Or private. (July 16, 1918, C. , § 1, 40 Stat.) . - This section, and the section next following, were an act entitled “An act to pension widows and minor children of officers and enlisted men who served in the war with Spain, Philippine insurrection, or in China,” cited above. § 8985b. Same; claim agents and attorneys- No agent, attorney, or other person engaged in pre- paring, presenting, or prosecuting any claim under the provisions of this Act shall, directly or indirectly, contract for, demand, receive, or retain for Such services in preparing, presenting, or prosecuting such claim a sum greater than $10, which sum shall be payable only on the order of the Commissioner of Pensions; and any person who shall violate any of the provisions of this section, Or shall Wrongfully withhold from the pensioner or claimant the Whole or any part of a pension or claim allowed Or due such pensioner or claimant under this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not exceeding $500 or be imprisoned not exceeding One year, or both, in the discretion of the court. (July 16, 1918, c. , § 2, 40 Stat.) See note to § 8985a. 2 TITLE LVIII—THE PUBLIC HEALTH Chapter A–The Public Health Service § 9136a. Allotments of pay—The Secretary of the Treasury is authorized to permit officers of the Public Health Service to make allotments from their pay under such regulations as he may prescribe. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 9139a. Details from Service; for work with Bureau of Mines—The Secretary of the Treasury may detail medical officers of the Public Health Serv- ice for cooperative health, Safety, or sanitation Work with the Bureau of Mines, and the compensation and expenses of officers so detailed may be paid from the applicable appropriations made herein for the Bureau of Mines. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It super- sº *imilar provision of Act June 12, 1917, c. 27, § 1, 40 Chapter B–Sanitation and Quarantine § 9173. Appropriation to prevent epidemics; report of expenditures—Prevention of epidemics: TO enable the President, in case only of threatened or ac- tual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague or black death, trachoma, or infantile paralysis, to aid State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the Same, and in such emergency in the execution of any quar- antine laws which may be then in force, $400,000: Provided, That a detailed report of the expenditures Hereunder shall annually hereafter be submitted to Congress. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a part of the sundry civil appropriation act for the fiscal year 1919, cited above. It supersedes sim- ilar provisions of Act June 12, 1917, c. 27, § 1, 40 Stat. 121. APPENDIX Chapter D–Social Hygiene § 91.88%(a). Interdepartmental social hygiene Thoard; duties—There is hereby created a board to be known as the Interdepartmental Social Hygiene Board, to consist of the Secretary Of War, the Secre- tary of the Navy, and the Secretary of the Treasury as ex officio members, and of the Surgeon General of the Army, the Surgeon General Of the Navy, and the Surgeon General of the Public Eſealth Service, or of representatives designated by the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury, respectively. The duties of the board shall be: (1) To recommend rules and regulations for the expenditure of moneys allotted to the States under section five of this chapter; (2) to select the institu- tions and organizations and fix the allotments to each institution under said section five ; (3) to recommend to the Secretary of the Treasury, the Secretary of War, and the Secretary Of the Navy such general measures as will promote correlation and efficiency in carrying out the purposes of this chapter by their respective departments; and (4) to direct the expen: diture of the Sum of $100,000 referred to in the last paragraph of Section Seven Of this Chapter. The board shall meet at least quarterly, and shall elect annually one of its members as chairman, and shall adopt rules and regulations for the conduct of its . business. (July 9, 1918, c. 143, subchapter XV, § 1, 40 Stat.) - This section, and the seven sections next following, were a part of the Army appropriation act for the fiscal year 1919, subchapter XV thereof, cited above. * § 91.88%(b). Isolation of civilians for protec- tion of military and naval forces—The Secretary of War and the Secretary of the Navy are hereby authorized and directed to adopt measures for the purpose of assisting the various States in Caring for Civilian persons whose detention, isolation, quarantine, or commitment to institutions may be found neces- Sary for the protection of the military and naval forces of the United States against venereal diseases. (July 9, 1918, c. 143, subchapter XV, § 2, 40 Stat.) See note to § 918814 (a). - § 91.88% (c). Division of Venereal Diseases; officers and employés—There is hereby established in the Bureau of the Public Health Service a Divi- Sion of Venereal Diseases, to be under the charge of a Commissioned medical officer of the United States Public Health Service detailed by the Surgeon Gen- eral of the Public Health Service, which officer while thus serving shall be an Assistant Surgeon General of the Public Health Service, subject to the provi- Sions of law applicable to assistant surgeons general in charge of administrative divisions in the District Of Columbia. Of the Bureau of the Public Health Serv- ice. There shall be in such division such assistants, Clerks, investigators, and other employees as may be necessary for the performance of its duties and as may be provided for by law. (July 9, 1918, c. 143, subchapter XV, § 3, 40 Stat.) See note to § 918844 (a). - - § 91.88%(d). Same-The duties of the Division of Venereal Diseases shall be in accordance with rules and regulations prescribed by the Secretary of the Treasury (1) to study and investigate the cause, treat- ment, and prevention of venereal diseases; Cooperate with State boards of departments of health for the prevention and control of such diseases within the States; and (3) to control and prevent the spread. of these diseases in interstate traffic: Provided, That nothing in this chapter shall be construed as limiting the functions and activities of other departments or bureaus in the prevention, control, and treatment of Venereal diseases and in the expenditure of moneys therefor. (July 9, 1918, c. 143, subchapter XV, $ 4, 40 Stat.) - - - See note to § 91.88% (a). § 91.88% (e). Appropriation—There is hereby ap- propriated, Out of any money in the Treasury not oth- provisions of section two of this chapter: (2) to Bureau of the Public Health Service; IPage 1797] - erwise appropriated, the sum of $1,000,000, to be ex- pended under the joint direction of the Secretary of War and the Secretary of the Navy to carry out the Provided, That the appropriation herein made shall not be deemed exclusive, but shall be in addition to other appropriations of a more general character which are applicable to the same Or similar purposes. (July 9, 1918, c. 143, subchapter XV, § 5, 40 Stat.) See note to § 9188% (a). - § 91.88% (£). Same; allotments to States— There is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the Sum Of $1,400,000 annually for two fiscal years, beginning With the fiscal year commencing July first, nineteen hundred and eighteen, to be apportioned as follows : . The sum of $1,000,000, which shall be paid to the States for the use of their respective boards or de- partments Of health in the prevention, Control, and treatment of Venereal diseases; this sum to be allot- ted to each State, in accordance with the rules and regulations prescribed by the Secretary of the Treas- ury, in the proportion which its population bears to the population of the continental United States, ex- Clusive of Alaska and the Canal Zone, according to the last preceding United States census, and such allotment to be so conditioned that for each dollar paid to any State the State shall specifically appro- priate Or otherwise set aside an equal amount for the prevention, control, and treatment of venereal diseases, except for the fiscal year ending June thir- tieth, nineteen hundred and nineteen, for which the allotment of money is not conditioned upon the ap- propriation or Setting aside of money by the State, provided, that any State may obtain any part of its allotment for any fiscal year Subsequent to June thir- tieth, nineteen hundred and nineteen, by specifically appropriating or otherwise setting aside an amount equal to Such part of its allotment for the prevention, Control, and treatment of venereal diseases; the sum of $100,000, which shall be paid to such universities, Colleges, or Other suitable institutions, as in the judg- ment of the Interdepartmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering, in accordance with rules and regu- lations prescribed by the Interdepartmental Social Hygiene Board, more effective medical measures in the prevention and treatment Of Venereal diseaseS ; the sum of $300,000, which shall be paid to such universities, Colleges, or other suitable institutions or organizations, as in the judgment of the Inter- departmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering and developing more effective educational measures in the prevention of venereal diseases, and for the pur- pose of sociological and psychological research relat- ed thereto. (July 9, 1918, c. 143, subchapter XV, $ 6, 40 Stat.) - - See note to § 9188% (a). - - , . § 91.88% (g). Same—There is hereby appropriated, Out of any money in the Treasury not. OtherWise ap- propriated, the sum of $300,000 for the fiscal year ending June thirtieth, nineteen hundred and nineteen, to be apportioned as follows: The sum of $200,000 to defray the expenses of the establishment and main- tenance of the Division of Venereal Diseases in the and the sum of $100,000 to be used under the direction of the In- terdepartmental Social Hygiene Board for any pur- pose for which any of the appropriations made by this chapter are available. (July 9, 1918, c. 143, Sub- chapter XV, § 7, 40 Stat.) - - See note to § 9188% (a). - § 91.88% (h)... I efinitions—The terms “State” and “States,” as used in this chapter, shall be held to in- clude the District of Columbia. (July 9, 1918, c. 143, subchapter XV, § 8, 40 Stat.) See note to § 9188% (a). - APPENDIX [Page 17981 TITLE LIX—HOSPITALS, ASYLUMS, AND CEMETERIES. One—Hospital Relief for Sea- IT le11 - f § 9189a. Attendants at marine hospitals, and quarantine and immigrant stations—The pay Of attendants at marine hospitals, quarantine, and im- migration Stations, whose present Compensation is less than the rate of $1,200 per annum, may be in- Creased to a rate not to exceed $1,200 per annum. (July 1, 1918, c. 113, § 1, 40 Stat.) - This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. § 9192a. Officers and crews of vessels of Bu- reau of Fisheries admitted to benefits of Public Health Service—Officers and Crews of the several VeSSels belonging to the Bureau Of Fisheries may be admitted to the benefits Of the Public EHealth Service without charge upon the application of their respec- tive Commanding officers. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. $ 9.195. Admission to hospitals of diseased per- son for study—For maintenance of marine hospitals: * * There may be admitted into said hospitals for Study persons with infectious Or other diseases af- fecting the public health, and not to exceed ten cases in any one hospital at one time. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It super- Sedes a similar provision of Agt March 28, 1918, c. 28, § 1, 40 Stat. - Chapter Chapter Four—The Government Hos- pital for the Insane $ 9302a. Admission to; payment of cost of maintenance by Public Health Service—The Public Health Service, from and after July first, nineteen hundred and eighteen, shall pay to Saint Elizabeth’s HOSpital the actual per capita cost of maintenance in the Said hospital of patients committed by that serv- ice; (July 1, 1918, c. 113, § 1, 40 Stat.) This Section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. Chapter Five—The Columbia Institu- tion for the Deaf § 9355a. Admission of pupils from States and Territories; increase of number—The number of beneficiaries in said institution authorized by the Act of June sixth, nineteen hundred (Thirty-first Statutes, page six hundred and twenty), to be received from the Several States and Territories, is increased from one hundred to one hundred and twenty-five. (July 1, 1918, c. 113, § 1, 40 Stat.) - This section was a provision of the sundry civil appro- * priation act for the fiscal year 1919, cited above. Chapter Six—National Cemeteries $ 9368. Superintendents of cemeteries; An- tietam battle field—For pay of superintendent of Antietam battle field, said superintendent to perform his duties under the direction of the Quartermaster Corps and to be selected and appointed by the Secre- tary of War, at his discretion, the person selected and appointed to this position to be an honorably dis- charged Union soldier, $1,500. (July 1, 1918, c. 113, § 1, 40 Stat.) . This section was a provision of the sundry civil appro priation act for the fiscal year 1919, cited above. It super- sedes a similar provision of Act July 1, 1916, c. 209, § 1, 39 Stat. 287. . . . - § 937 G. Appropriations for not expended for more than a single approach—NO part of any ap- propriation for national cemeteries or the repair of roadways thereto shall be expended in the raainte- nance Of more than a single approach to any national Cemetery. (July 1, 1918, c. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above It super- Sedes a similar provision of Act June 12, 1917, c. 27, § 1, 40 Stat. 130. - § 9378. Eneroachment by railroads on rights of way to—No railroads shall be permitted upon the right of Way which may have been acquired by the United States to a national Cemetery, or to encroach upon any roads or walks constructed thereon and Imaintained by the United States. (July 1, 1918, C. 113, § 1, 40 Stat.) This section was a provision of the sundry civil appro- priation act for the fiscal year 1919, cited above. It super- sedes a similar provision of Act June 12, 1917. c. 27, § 1, 40 Stat. 130. TITLE LX—PATENTS, TRADE— MARKS, AND COPYRIGHTS Chapter One—Patents * $ 9465. Suits for compensation for use of in- vention by United States; patents or inventions by employés of Government—Whenever an in Ven- tion described in and covered by a patent Of the United States shall hereafter be used or manufac- tured by or for the United States without license of the Owner thereof or lawful right to use Or manu- facture the same, such owner's remedy Shall be by suit against the United States in the Court of Claims for the recovery of his reasonable and entire Compen- sation for such use and manufacture: Provided, how- ever, That said Court of Claims shall not entertain a suit or award compensation under the proVisions Of this Act where the claim for compensation is based on the use or manufacture by or for the United States of any article heretofore owned, leased, used by, Or in the possession of the United States: ProVided further, That in any such suit the United States may avail itself of any and all defenses, general or Special, that might be pleaded by a defendant in an action for infringement, as set forth in Title Sixty Of the Revised Statutes, or otherwise: And provided fur- ther, That the benefits of this Act shall not inure to any patentee who, when he makes such claim, is in the employment or service of the Government Of the United States, or the assignee of any such patentee : nor shall this Act apply to any device discovered Or invented by such employee during the time of his employment or service. (June 25, 1910, c. 423, 36 Stat. S51, amended, July 1, 1918, c. 114, 40 Stat.) This section was amended by Act July 1, 1918, c. 114, cited above to read as set forth above. For section as originally enacted, see U. S. Comp. St. 1916, § 9465. TITLE LxIII—RIVERS, HARBORS, AND CANALS Chapter A—Navigable Waters § 98.62a. Regulations of use of navigable wa- ters; to prevent injuries from Coast Artillery fire—In the interest of the national defense, and for the better protection of life and property On Said Wa- ters, the Secretary of War is hereby authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion or area of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Coast Ar- tillery fire in target practice or otherwise, or by the proving operations of the Government ordnance prov- ing grounds at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and Of any portion or area of said waters occupied by Sub- marine mines, mine fields, submarine cables, or other material and accessories pertaining to Seacoast for- tifications, or by any plant or facility engaged in APPENDIX IPage 1799] the execution of any public project of river and har- bor improvement; and the said Secretary shall have like power to regulate the transportation of explo- sives upon any of said waters: Provided, That the authority hereby conferred shall be so exercised as not unreasonably to interfere with or restrict the food fishing industry, and the regulations prescribed in pursuance hereof shall provide for the use of such waters by food fishermen operating under permits granted by the War Department. (July 9, 1918, c. 143, subchapter XIX, § 1, 40 Stat.) - This section, and the three sections next following, were a part of the Army appropriation act for the fiscal year 1919, subchapter XIX thereof, cited above. This section, and the section next following, supersede similar provi- Sions of Act Aug. 8, 1917, c. 49, § 8, 40 Stat. 266. § 98.62b. Same; to prevent injuries from Coast Artillery fire; detail of vessels to enforce —To enforce the regulations prescribed pursuant to this chapter, the Secretary of War may detail any public vessel in the service of the War Department, or, upon the request of the Secretary of War, the head of any other department may enforce, and the head of any such department is hereby authorized to enforce, such regulations by means of any public vessel of such department. (July 9, 1918, c. 143, Sub- chapter XIX, § 2, 40 Stat.) - See note to § 9862a. - - - § 9862e. Same; to prevent injuries from Coast Artillery fire; posting and violation of regulations—The regulations made [by] the Secretary of War pursuant to this Chapter shall be posted in con- Spicuous and appropriate places, designated by him, for the information of the public; and every person who and every corporation which shall willfully vio- late any regulations made by the said Secretary pursuant to this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof in any COUrt of Competent jurisdiction shall be punished by a fine not exceeding $500, or by imprisonment (in the Case of a natural person) not exceeding six months, in the discretion of the court. (July 9, 1918, c. 143, subchapter XIX, $ 3, 40 Stat.) See note to § 9862a. § 98.62d. Same; to prevent injuries Coast Artillery fire; venue and jurisdiction of offenses; procedure—Offenses against the provisions Of this Chapter, Or any regulation made pursuant thereto, committed in any Territory or other place subject to the jurisdiction of the United States where there is no Court having general jurisdiction of crimes against the United States, shall be cognizable in any COurt of Such place or Territory having original ju- risdiction of criminal cases in the place or Territory in which the Offense has been committed, with the Same right of appeal in all cases as is given in other Criminal cases where imprisonment not exceeding six months forms a part of the penalty, and jurisdiction is hereby conferred upon such courts and such courts Shall exercise the same for such purposes; and in Case any such offense be committed beyond the terri- torial jurisdiction of any court having jurisdiction thereof, the Offense shall be deemed and held to have been Committed within the jurisdiction in which the offender may be found or into which he is first brought, and shall be tried by the court having ju- risdiction thereof. (July 9, 1918, c. 143, subchapter XIX, $ 4, 40 Stat.) See note to § 3862a. Chapter F-Dams and Water Power § 99.89.j. Niagara River; temporary permits for diversion of water—The Secretary Of War be, and he is hereby, authorized to issue permits revo- Cable at will, for the diversion of water in the United States from the Niagara River above the Falls for the creation of power to individuals, companies, or corporations which are now actually producing power from the Waters of said river, in quantities which in from no event shall exceed in the aggregate a daily diver- Sion at the rate of twenty thousand cubic feet per Second: Provided, That this resolution shall remain in force until the first day of July, nineteen hundred and nineteen, and no longer, at the expiration of which time all permits granted hereunder shall ter- minate, unless Sooner revoked, or unless the Congress Shall before that date enact legislation regulating and Controlling the diversions of water from the Niagara River, in which event this resolution shall cease to be Of any further force or effect. Any individuals, com- panies, Or Corporations violating any of the provi- Sions of Said permits, or diverting water from said river above the Falls for the creation of power, except under a permit issued under the authority of this law, Shall be guilty of a misdemeanor and be pun- ished by a fine not exceeding $2,000 nor less than $500, or by imprisonment not exceeding one year nor less than thirty days, or both in the discretion of the Court; and each and every day on which such [such] violation occurs or is committed shall be deem- ed a Separate Offense: Provided, That where such vio- lation is charged against the company or corporate body, the Offense shall be taken and deemed to be that of any director, officer, agent, or employee of Such Company or corporate body ordering, directing, or permitting the same. (June 29, 1918, c. 111, 40 Stat.) ... This section was a resolution entitled a “Joint Resolu- tion authorizing the Secretary of War to issue permits for the diversion of water from Niagara River,” cited above. TITLE LXIV—RAILWAYS § 10066. Payment for transportation; Army transportation service to certain railroads—FOr the payment of Army transportation lawfully due Such land-grant railroads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases de- cided under such land-grant acts), but in no Case shall more than fifty per centum of full amount of service be paid: Provided, That such compensation shall be computed upon the basis of the tariff or lower spe- cial rates for like transportation performed for the public at large and shall be accepted as in full for all demands for such service: Provided further, That in expending the money appropriated by this Act a railroad company which has not received aid in bonds Of the United States, and which obtained a grant of public land to aid in the construction of its rail- road on Conditions that such railroad should be a post route and military road, subject to the use of the TJnited States for postal, military, naval, and other Government services, and also subject to such regula- tions as Congress may impose restricting the charge for such Government transportation, having claims against the United States for transportation of troops and munitions of . War and military supplies and property Over such aided railroads, shall be paid out of the moneys appropriated by the foregoing pro- vision only on the basis of such rate for the trans- portation of such troops and munitions of war and military supplies and property as the Secretary of War shall deem just and reasonable under the fore- going provision, Such rate not to exceed fifty per Centum Of the Compensation Of Such Government transportation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service: And provided further, That nothing in the preceding provisos shall be construed to prevent the accounting officers of the Government from making full payment to land-grant railroads for transportation of property or persons where the courts of the United States have held that such prop- erty or persons do not come within the SCOpe of the APPENDIX deductions provided for in the land-grant Acts. 9, 1918, c. 143, 40 Stat.) This section was a part of the Army appropriation act for the fiscal year 1919, cited above. It supersedes similar provisions of Act March 28, 1918, c. 28, § 1, 40 Stat. (July TITLE LXX—CRIMES Chapter Nine—Prisoners and Their Treatment - § 10562a. United States Penitentiary at Fort Leavenworth, Kan.; exchange of live stock —Leavenworth, Kansas, Penitentiary: * * Live Stock may be exchanged or traded when authorized by the Attorney General, $100,000; (July 1, 1918, c. 113, § 1, 40 Stat.) - - . - - § 10563a. Penitentiary, Atlanta, Ga.; establishment—The Attorney General of the United States is authorized and directed to establish, equip, maintain, and oper- ate at the United States Penitentiary, Atlanta, Geor- gia, a factory or factories for the manufacture of Cotton fabrics to supply the requirements of the War and Navy Departments, the Shipping Corporation, cot- ton duck Suitable for tents and other army purposes and canvas for mail sacks and for the manufacture of mail sacks and other similar mail-carrying equipment for the use of the United States Government. The factory or factories shall not be so operated as to abolish any existing Government workshop or curtail the production within its present limits of any such Government workshop, and the articles so manufactur- ed shall be sold only to the Government of the United States. (July 10, 1918, c. 144, § 1, 40 Stat.) . This section, and the nine sections next following, were an act entitled “An act to equip the United States Peni- tentiary, Atlanta, Georgia, for the manufacture of supplies for the use of the Government, for the compensation of Fºers for their labor, and for other purposes,” cited a DOVG. + - § 10563b. Same; purchase or condemnation of sites; employment of inmates—The Attorney General is hereby further authorized and directed to acquire by purchase or condemnation proceedings such tracts of land at such points as he may determine, at a total cost of not to exceed $200,000, which may be cleared, graded, and cultivated. And the Attorney General is authorized to employ the Inmates of the institution herein mentioned under such regulations as he may prescribe in the work of clearing, grading, and Cultivation of such acquired tracts of land. The products of any such agricultural development, includ- ing live stock, shall be utilized in said penitentiary or be sold to the Government of the United States for the use of the military and naval forces of the United States. (July 10, 1918, c. 144, § 1, 40 Stat.) See note to § 10563a. - - . § 10563c. Same; sale of articles manufactur- - ed—Articles So manufactured shall be sold at the cur- rent market prices as determined by the Attorney Gen- eral or his authorized agent, and all moneys or reim- bursements received from such sales shall be deposit- ed to the credit of the working capital fund Created by this Act. (July 10, 1918, c. 144, § 2, 40 Stat.) See note to § 10563a. Cotton factories at United states IPage 1800I § 10563d. Same; payment of inmates for work—The Attorney General is hereby authorized and empowered to provide for the payment to the inmates or dependents upon inmates of said penitentiary such pecuniary earnings as he may deem proper, under Such rules and regulations as he may prescribe. Such earnings shall be paid out of the working capital fund. (July 10, 1918, c. 144, § 3, 40 Stat.) See note to § 10563a. . . . . - . . . . . § 10563e. Samie; appropriation—There is au- thorized to be appropriated the sum of $650,000 for the purchase of machinery and other equipment to carry out the purposes of this Act. (July 10, 1918, c. 144, § 4, 40 Stat.) - - See note to § 10563a. - - - § 10563?. Same; working capital fund—There is created a fund, to be known as the working capital, which shall be available for the carrying on the in- dustrial enterprise authorized herein or which may be authorized hereafter by law to be carried on in said penitentiary. The working capital shall con- sist of the sum of $150,000, which sum is authorized to be appropriated. The receipts from the sale of the products or by-products of the said industries, and the sale of condemned machinery or equipment shall be credited to the working capital fund and be availa- ble for appropriation by Congress, annually, for the purposes set forth in this Act. (July 10, 1918, C. 144, § 5, 40 Stat.) . See note to § 10563a. . § 10563g. Same; reports of receipts and ex- penditures—At the opening of each regular Session of Congress the Attorney General shall make a de- tailed report to Congress of the receipts and expendi- tures made hereunder, the quantity of material Of different kinds bought or otherwise acquired and used, the number of persons employed, the hours of labor and the wages paid, the amount and kind of goods manufactured, and the prices paid therefor; also the agricultural products grown or produced on land Own- ed or cultivated by or under the direction of the At- torney General or by the authorities of said peniten- tiary, the amount used therein, the amount Sold, the prices, and total amount received therefor. (July 10, 1918, c. 144, § 6, 40 Stat.) - See note to § 10563a. : § 10563h. Same; disbursement of working capital fund—Said working capital shall be disbursed under the direction of the Attorney General and Shall be available for the purchase, repair, Or replacement of machinery or equipment, for the purchase Of raw materials or parts, for the employment of necessary civilian officers and employees at the penitentiary alid in Washington, for the repair and maintenance Of buildings and equipment, and for all other necessary expenses in carrying out the provisions of this Act. (July 10, 1918, c. 144, § 7, 40 Stat.) - See note to § 105633. - § 10563i. Same; disposition of products—The products of said industries shall not be disposed of except as provided in this Act. (July 10, 1918, c. 144, § 8, 40 Stat.) . - See note to § 10563a. . - - § 105633. Same; repeal—All laws and parts of . laws to the extent that they are in conflict with this Act are repealed. (July 10, 1918, c. 144, § 9, 40 Stat.) See note to § 10563a. - TABLE OF REVISED STATUTE SECTIONS SHOWING THEIR DISPOSITION IN THIS COMPILATION e tº e º O e º e º 'º e º e e e g g g g g g g º e º e e e s e e º e s e e e a e e s e e s e e s e e s e e • * * * * e s tº e º e s e e a e e s e e o e e e e e e o e º 'º e s tº e s is e e s a e e s e e º a s e e tº 8 tº e º e º e o e º e o e g º e º e º e s a e e - • * * * * * * * * * * * * * * * * * * * * * * * * tº e º tº G & e º o e º 'º e e º 'º e º e º e º 'º e e Superseded Repealed , e e º Gº & © e º 'º - © e º 'º 26 tº ºr º e º 'º º e º º e e e º ºr e º 'º e º e º e º ºs 27. Amended . . . . . . . . . . . . . . . 28. • * * * * * e º e º 'º tº e º 'º e º ſº e º a tº e e a 29. e - e º e º ºs e º e • * * * * * * * * * * * * * * 30 º e º 'º e º e s tº e º e º e º e º e º e º e º e & • e s sº e s e o e o e o e s a e º e, e. e. e. e. e. e. e. §. ......................... 34. © e º º is º e º e º e º e º e º ſº * c e º 'º e o e 35. Superseded ..... © e º Gº tº e 36 • * * * * * * * * * * * * * * * * * * * - e. e. e. e. e. Superseded ......... Amended 89. . . . . . . . . . . . . e e º º e º e º 'º e º 'º e 40. © tº 8 tº dº tº G & º e º 'º - © tº tº e º 'º º º © º º 41. . . . . . . . . . . . . . . . . . . . . . . . tº e 42. • * * * * * * * * * * * * * * * * * * * * * c e e 43. • a e s • s • e o e e s e s a e s e e s e, e. e. e. e. 44. • - - - - - - - e tº e º e º 'º tº e º e º º tº e º e e e º e º e º ſº tº e º - tº c e º 'º it e • * * * e e e e s tº e º e º e º e 48. tº e º 'º e º e º 'º e - e. e. e. e. e º & e - e - e o e 49. • * * * * * * sº tº e º e º e º e º ſº e º º © e º 'º 50. tº e º 'º e e e a e º 'º e e s & & tº º • & © e 51. e º e º 'º e º e e º e º e e e º tº e º ºs e º e º e 52. e e º e º ºs e e s s º ºs e e º e ºs tº e º e º 'º º 53. e - e º is e a tº e & * e e e s e s e s a e © e º e 54. . . . . . . . . . . . . . . . . . . . . . © º º º 55. e ſº e º ºs e s tº e º e º e º e e º e º 'º e © & © tº 56. e - © tº º e º ºs e º e º º ºs e tº e e º 'º e º e º e 57. e - e Q tº e º a c e º e º e s tº e º º º º e 58. gº º & © e º ºs e g º e º - e. e. e e e s e º & © & 59. & © tº e º e º e º e º e º e º ſº e º 'º - • * a c 60. s e º 'º e º ºs e º e º e º s m e º is & © - e º ſº tº 61. e - - e º e º e º 'º - e o s e a e e * - e º ºs t 62. . . . . . . . . . . . . . . . . . . . . . • e º e 68. . . . . . .... • - - - - - - - - - - - - - - - - - 64. . . . . . . . . . . . . . . . . . . . . . © tº º e 65. Amended . . . . . . . . . . . . . 66. e e & © e º ºs e º e º 'º - e. e. e. tº e G & Co - G - e. e - & © e e º e º e º 'º - e. e. e e º e º e º e º e e e s e s is e e a e º e º e º 'º e º e e º e º e e 7 e 74. Stricken Out 75-76. Superseded ........ 77-78. Superseded 79. Amended ...... e e º e º e e 80. e e º e º e s tº COMP.S.T.’18 e - & © º E tº e º e º 'º - º e º 'º tº • e º e º 'º º * * * * * * * * tº tº e º e - © , e - e. e. e. e. e. e. e s : Asterisks refer to sections in Appendix This Compilation Sec. Page º 18 * @ tº - 19 15 • * - - 19 i 23 tº º & © 24 to tº e - 25 tº e - ºn 26 . . . . 29 • e o e 30 tº º e º 31. . . . . 32 is e. g. tº 33 e e s a e - © - 20 37 e tº a tº tº e - © 20 40 tº e º 'º 42 tº e º e 43 e e s e 44 º º º e 45 - º e º 'º 46 . . . . . 47 gº tº e - 48 C - tº e 49 e - e - 50 tº º 'º - 53 ... . 54 e e º e 56 tº e º º 58 tº º e - 59 tº º Q -> 77 tº º 'º -> 79 © tº e º 80 te e º 'º' 81 . . . . 82 e tº e - 83 e e º 'º 84 - - - - 85 e G tº & 86 . . . . 87 * G - - 88 ge e º 'º 91 • - - - 92 e e º e 93 tº e - © 94 tº º O - 95 tº e º º 96 tº e º 'º 97 tº º tº e 105 e e º º 26 is .... 119 tº Q @ 9 Rev. St. Sec. e e s tº e º ſº tº e º ºs e º & © tº e º O & © e e º e e - e º e c © e º e º 'º e º e º ºs e o 'º - © e º e e e > & e º e º e º e e º e e g c e > → e º e º e 35. ... e - e º ſº tº e º e º 'º e º e º ºs e º 'º e º 'º e º ºs • * * * * * * * * * * * * * * * * * * * * * & e º º ſº tº e º 'º - 96. . . . . . . . . . . . . . e e º ºs e e º 'º e º e e 97. . . . . . . . * * ~ e º e e e s e º e a e e s e e 98. . . . . . . . . . . . . . e e e º dº e º e º e 99. e e e º 'º - e - e. g. e e º e º & e - e º e s 101. . . . . . . . . . . º, º e º 'º e * * * * * * * * * 102. . . . • * e º e º G & s e e e e g º e º 'º e - © e º & e • a s a e s e e s s a e e e s e e e s e e º e s e e e º a tº e º & © e º e • * * * * * e º e º e s e s e e e º e º e s e e e 107. ... • * * * * * * * * * * * * * * * * * * * * * *:: e e e e s e e s e e s tº e e s e e º e º ºs e º e s” tº e º E tº e º & G & © tº tº º ge e º e º 'º e º e º e s • e e s e e s e s a e e s e e s & e º 'º e s e s s e e e e s e e e e s a e e s e e e º e º e º e o e 114. º º e º ºs ºs e º 'º - e º 'º e e e º 'º e º 'º e º & e ié. ......................... 117. e e e º e s = e º e s e s e e e e º e º e º e º ſº 118. e e º e º e º 'º e º 'º - e tº a e e º e g º e º 'º e * * e º e s e e º e º 'º e º e o 'º e e º 'º e º & © e e º e º e º e º e º e s is a s e º 'º e º 'º e º e • e e s e º e s e º 'º e º e º e º 'º e º e º e o e • * * * * * * * * * * * * * * * * * * * * * * * * e e º e º e º e º e e s e e º e s • s e e e s e e • e e º e º 'o e e º 'º e º e º 'º º e º 'º © tº e • * * * * * * * * * * * * * * * * * * * * * Amended .............. superseded "........... Repealed e e.e. tº a º ,º º e º e 137. • - e º 'º - e º 'º - - e : ::::::::::::: 138. * - e º e g º ºs e º ºs sº e s tº e. e. e. e. e. e. e. e. e. e Amended .............. Superseded .... © e º dº e º s ſº a tº º 'º º e ſº e º 'º e º e º 'º e sº • * * * * is tº a e º e º e º e º º e tº e º e º ſº tº w * • e º e = • * * * * * * * * e s & e e e s e e i e i46-150. Repealed 151. • * * * * * * * * * * * * * * * * * * * * * * * * 152. 153. • * * * * * * * * * * * * * * * * * * * * * * * * 154. ... • * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * 155. . . . . . . . . . . . . . . . . . e - - - © e º e 156-157. Superseded . . . . . . . . 158. e e º 'º e s e e s - e a w s a s tº e s e º e º e G 159. . . . . . . . . . . . . . . . . . . . . . . . . . IPage 18011 & e e e s e º e º sº e & © e e e a s e s tº e º ºr e º e • * * * * * * * * * * * , This Compilation Sec. Page 123 e - e - 124 tº º e e 125 • * ~ * 126 . . . . 127 tº gº tº º 128 e - e º 139 • * e - 143 e e - - 145 e e º a 146 . . . . 147 dº º tº 152 • * ~ * 153 • * ~ * 155 © tº º º 157 e e s e. 158 e e º e 159 e - - - 161 • * ~ * 162 tº º, º º 163 © tº º º 165 e Gº tº º 166 º e º e 167 e - - - 168 © º º º 169 © Cº - © 170 e e s s” 171 • * * * 172 e - © e 173 G - © tº 174 tº e º 'º 175 e - e. e. 176 e - © tº 177 tº Q tº e 178 & º º º 179 • . . . 180 • * - e. 181 e º O tº 182 - - - - 183 © tº º e 184 tº e º 'º 185 e - - © 186 e - - - & a tº 31 199 • e º e 200 • * * 'e 207 - 208 * * * * ,209 * * * * 211 e ‘o 222 . . . . .223 ... . 227 • • * * º e - e. 37 232 e e º e 233 & © G. & k & © tº o ’’; 220. 221-223. 231. 232. • e e º 'º e s Q & e º e º e º 'º t e o & e º e o . Superseded "........... Amended ............." • * * * * * * * * * * * * * * * * * * * * * * * * Repealed . . . . . . . e - e. e. e. e. e. Amended . . . . . . . © & & © tº e & Amended ... e tº e º 'º e º 'º - e g º ºs e e º e º 'º dº º º is a tº tº e º te: º ſº tº 3 e is • e e s is s a e º e º ºs e a e s tº e º e º º ºs e e e e º e º e º º e º e º s = e º e • e º 'º e e s s • * * e s e e e o e o e e s e s a e e º 'o e º e s a s e º sº tº e º e º e º 'º e º e º e º ºs º ºs e º º • * c e s & e º 'º e e s ∈ e º e º e º e º e e s e Repealed .............. Amended . . . . . . . . . . . . Q Repealed :::::::::::::: Amended .............. Superseded . . . . . . . . . . . . e e º e º e º 'º e º e s a e e s e º e º e º ºſ tº e e e e s e º e e º e s s a º & © º º e º ºs e º 'º e - e º 'º e e Amended ..... ........ • * * * * * * * * * * * * * * * * * * * * * * * * * - ſº - - * @ e º ſº tº e º & e º e º e e e º & e º 'º ſº e º º e e a e e s s e º e e s e e s e s a e e o e s e a • * * * * * * * * * * * * * * * * & © e g º e º G • * is e s e e o e e s e e e e º e º 'º e e a e e s tº e º tº dº º e º & © & e º 'º tº e º 'º e º 'º e º º º e e º e º e º tº • * * * * * * * * * * * * * e o e & * * - º e º ſº tº e º e - - © e e e - © e º e º e e e e e de e º º • * tº º gº e • * c e º e º e º e º e s ∈ G tº e º e º s s e º e * - • *, e. e. e. e. e. a • * > * > 0 e º e - e. e. 9 @ 9 e e • e º e g º is e º & e º is e e s is e • e º 'º g g e 'Sup erseded * • * tº tº e º e e • * * s e a tº e - © e e tº º e - e º gº tº º • - - - - - - - - & e º e g º ºs e º 'º e º e º sº º e e º e º 'º º is e e '• * * * * * * * * * * * * * * • * * * * * * * * * * * * * a s a e s & e s - e. e. g. s e a s e o e s s e e s e - Repealed". e e s e s e e s e e s ∈ e ' This Compilation Sec. 234 235 236 242 243 244 246 247 248 253 254 Page 33 tº o ºr Q - º .. .:ºº : 43 © e º e tº e º ſº. © º º • * e & * • e s 4 * * * * º º ºs e • * * * e - © & TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. 234. 235. 236. 237. 238. 239. 240. 268 269-270. Repealed .. - - - 271. 27 Repealed . (part) Superseded º e º e º e s tº gº º e Amended ..... * ºr ºn g º & tº e e Superseded * * * * * * * * @ & Antended • * * * e s e º s e ºs Amended .............. Repealed * * * * * * * * * * * * * @ e º 'º e º e º e º ºs e e • * * * * * * * tº e º ºs e º e º e (part) e e s - a c e º º • s e e s e º e s Stricken out..... tº º e º 'º º e Superseded . . . . . . . . . . . . Repealed ' .............. * * * * * * * * * * * * e sº 6 tº ºp e • * e • e º te e º 'º e º e - tº in e º e e e º e º 'º e º is a s e e tº º © º e e a º * * * * * * * c s e s e e s e e e s e e t tº e º e * * * * * * * * * * * * * e º e s e * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e º s e e º e a e s s e a e 0 e º – e - * * * * * * * * * * * * e e s a e º e * * * * * * * * * * * * * * * * * c e s e e o 'º a * * * * * * * * * * * * * * g e • e e s is a e s e Amended #28. Repealed ......... e * * * * * * * * * e e e s e s a • * * * * * * * * Repealed * @ * * * e s is e e e * * * * * * * * > * ~ * º e º e - e. e. e. e. e. e. e. g. * * * * * * * * * * * * * e º e º 'º e is a e e e e * * * * * * * * * * * tº º ſº e * @ tº g º e ºp • gº tº * * * * * * * * * * * e s a e o e s e e º e s e * * * * * > & e & e g º e e º e º e * @ tº tº Amended .............. * * * * * * * * * * * * * * * * * * * * * * * e * * * * * * * * * * * * * e s & a v e a e e s • e * * * * * * * * * * * * * * * * * * * e e º e s s * * * * * * * * * * * * * * * * * * * * * * e e * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • * ~ * tº o º º e e e * - e. e - e. e s is a e e º e s a º • * * tº º e º e gº & tº & Amended .......... . . . . . Amended .............. Repealed’.............. Repealed ".............. • * * ~ * e e º & tº e E © g º º sº º is e º 'o - © • * * * * * * * * * * * * º gº tº e º e º e º 'o - º & © tº tº e º se is • * * g e º e º 'º e º e º e º 'º e º ºs e º 'º e º e º & © tº º e e º e o 'º e e º 'º e º e º 'º e o e º dº e º 'º - ſº t º º e º e º e º e º 'º e º e s a tº e º e º & e e ºs * * * * * * * * * * ~ * º, º ºs º e º e º ºs & © º º Amended .............. e - e º e a e s e º e o e º e º 'º & e º a e º e tº • - - - - - - - - - - - - - - - ºn e º 'º - - e ‘º Amended . . . . . . . . . . . . . . Amended • a tº e º e s e s e º 'º e º 'º a tº e º º ſº º G º º º & e º 'º - e º e º 'º - tº e This Compilation Sec. 350 Page 50 53 & © ºn tº * c º e * & © º 54 54 '54 54 54 #3 56 tº gº ſº tº • * * * 66 '66 - 66 tº ºs e e tº e º 'º e is a Gº • * > - tº e º 'º tº e º 'º' tº e º º tº e º 'º & ſº e - & e º e • * * * ... ſº tº e º & © º º gº tº e - ſº e º 'º tº e e - 56 | 66 | Rev. St. Sec. 335. 336. 337. 338. 339. 340. 341. 342. 353. 354. 390. 391-392. Amended 393 §4. Superseded 395. [Page 1802] Amended & © e º 'º e e ∈ E & © tº e & * * * * * * * * * * tº º sº tº º e º 'º e º 'º - e o e * * c s e e s e º e s e s e e º 4 e a e e a e º e *... e. e. e. e. e. e. * * * * * * * * * * g e º ºs e º sº e * * * * * * * * * * * * * * * * * g e º e º e e = * * * * * * * * * e o e º e º e g º a tº © & º ºs tº tº tº e º 'º e * - e º e º e º 'º - a s e < e º e º & tº º º e g e º 'º & º ºs º 'º - 4 ſº a º a º • * > * > * * * * * * * * * * * * * * * * * * * * * * * tº º * * * * * * * * * * * * * * * * * e s a e s e a º * * * * * * * * * * * * * * * * * * * * * * s a º Amended ......... e tº gº e e • * ~ e e s s e e º C & G - © & e º ºs e º 'º e º 'º' * * * * * * * * * g. • e º e º e º e • * g º º * * * * * * * * * g e e • * * * * c e º ºs e º a tº * * * * * * * * * * e s e s a e s e º e e - e. e. tº Amended . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * e e ſº * - e. e. e. e. e. • * * * * ~ * * * * * * * * g c tº * @ 4 º' tº 3 • * * * * * * * * c e s gº e * * * * * e e º 'º e tº e º e º e º e º 'º e º gº tº e º 'º e º ſº * * * * * * * * * * * * e º e º is e e º e ºr e º e tº 4 & e º £ tº e º 'º e º 'º - • e º e º ºs • * g g is • * * g e º 'º e e s tº e s - & © e º 'º º • * * * * * - e. e. e. e. e. e. • * @ e - e º e º is e e º 'º e e º * - tº gº tº * * * * e º 'º e º e e º 'º e º ºs & • tº e º se e º 'º - e. * * * * > * * @ e º e º e º º * * - e. g. tº e º e º e º e º 'º e e g e º e º sº e e ºn tº e º 'º e º 'º e º e º sº e e e º e º e º 'º e º e tº e º ſº tº * * * * * * * * * * > * e e º e e s ∈ e * * ~ e e º 'º e º e º is e a • * * c e º 'º - º ºs e © e º is º e º 'º º e º 'º • , º e º e - e e e º * - e º e º tº e e º tº e a e - tº e e º & © e e is tº * - e ºs e º ºs e º e º 'º º e º e s e e º e º e is º e e e º G & © - e º e º e º 'º e º e g º ºs e º e tº e º 'º º is a e º 'º & ſº is e º e s tº e º e º gº º tº º e - e." e º 'º e • * g c e e • & º g is º • & e s is tº e - & tº 6 e e º º e e sº e º e s tº e º 'º e º ſº e º • * > e º 'º' tº 6 e º ſº * * * * * * * * • - e º e e • e º ºs º º sº º e s a • * * * * * * * * tº e º e º e º ºs e e º e º 'º a tº * * * * * * * * - º ºs º ºs tº & © e g tº as e - e s is © e º e tº e a e º 'º e º 3 º' tº e º is º * * * * * * * * * * * * * * * * * * * * * * * e & e - - e º e e e s e º e e o e º e º 'º º tº e º tº tº º te tº tº tº e e º e º e s - e. e. e. e. e. e. e. e. e. e. • * * * is e º e º e º ºs º ºs e e º & a e º 'º e º 'º * - © ºn tº º e - © e º e g º & © tº º e º e º e º º • * e º e s tº e º e º ºr e º e º 'º e º 'º e º e º º • * * * * * * * * * * * * ~ * º º ºs e º 'º & e s tº * * * * e s a tº e º e º e º e e ‘º e e º e º e º º tº º ſº e º 'º º e º ºs s e - e s s - a s tº s º e º 'º - tº e is c > & © e º * * * * * * * * * * * * * * * * e g c & & & s Gº & • * * * * e º 'º e º e º ºs e º e is tº e - © a º e dº • * e e i s e e e e e Q & Q ſº e º 'º & © tº & º a e e e s = e e s e e º e s a e •,• * tº e tº • a e e s a e e a e o e s e e º e º e º 'º s e e º • * e a s & s e e s e e s a s e & e s p * * * * * © e - c e º 'º - e º e º e º 'º e e s a w e s e e a tº e º e e s º 'º e a e º 'º - e º s is e - © e g º sº e e º e º e º is e º 'º e º 'º' * c e s tº e º e º e a e - e. e s tº a ºn e º ºn 3 º' tº • * e º e º 'º - tº dº & Repealed • * * * * e e s e e º e º sº e 6 Amended Superseded Amended • e º gº e º e º e º e s e e Obsolete ............... Amended . . . . . . . . . . . . . . e e e e e s is e e s e s e s e e s e e e º º e º s tº e º e º tº e e º e º lº e º e º ºs e º e º ºs e º 'º * * * * * * * * e º 'º e e e º ºs e e s tº e º e º º e e º ºs e e º e º º ſº tº tº º tº e º ſº e º e º ºs º º Repealed e e º º e s e ºs e º 'º e º ºs This Compilation Sec. Page 879 tº tº e ºs 880 * - © tº 882 . . . . . 884 * - © tº 886 tº e º 'º 887 tº e º e 888 tº º tº tº 507 * * > * 508 e - © tº 509 * - © º 515 * - & de 516 * - © 2 517 * - e. e. 521 tº e º ºs 522 tº e - e. 526 . . . . 527 tº e º e 528 tº e s tº 529 * * * * 6902 tº tº ſº tº 530 & tº º e 531. • & tº º 532 & e º 'º 533 e - © e 535 & © tº a 536 e - © tº 537 e - tº º 538 * * 6 º' 539 tº Q & & 540 e - © - 541 * - © º 542 • - - - 543 º e º º 544 tº e º ºs 545 * - © tº 546 * * * > 548 & º p & 549 tº e º 'º 550 tº e º e 551 * Q & © 552 tº e º & 553 e - © 2 554 * e º e 555 & © ºr º 556 * - - e. 557 * - © tº 558 tº e º º - 559 * - e º 560 & - ºr e 563 * 6 tº 6 565 & Cº. e. tº 566 • e º e 567 tº e o º 568 & - © & 570 e - e º a 57.1 & e º tº 588 .. 589 .... 590 .... 695 * c e e 596 tº e º 'º 597 * - e. e. 601 * @ e e '85 §§ §23 ... 625 . . . . 629 * G - tº 63 * * * * 635 e - © tº * & © tº e s º º 88 644 ... . 648 e - © tº 653 tº e º 'o' 656 tº e º & 658 tº e º e 660 * - e. e. 661 .... e 9 º' - 90 668 .... Rev. St. Sec. 437. 438. • * * * * * * * * * * * tº e e s e s e e < e < e e © tº e º e º e º e g º ºn tº e s e e º e º e º e º e 4ſ. Amended .............. 441. © tº e º & © tº & e º e e o e s & s is e º e s is tº Q 442. © & sº tº e <> * ~ * e º 'º - º º ºs e º 'º e º e º & © • * * * s e e º 'º e º 'º e º e e e º 'º, º º e º e sº * * * * * * * * * * e Amended . . . . . . . . . . e e º e tº e º a e º 'º e s e e s tº º is e tº e º 'º tº e º 'º - e e s e º e º e º e º 'º - © tº * * * * e º e e º 'º Amended a e e a s e º e º a s e º 'º. e e e s = e = < * * * * * * * * * * tº e s tº e º 'º 467. 468–469. Pepealed 470. . . . . . . * * * * * * * * * * * * * * * tº º ºs e 471. • * e. e. e. e < * * * * * tº e s e º & © tº º tº e º 'º • * * * * * * * ~ * 472. e e s e s s e e º e s is sº * * * * * • * * * * * *' e a = e º e º 'º e e s tº e º $ tº º tº º & © º º º º 473. 474. Superseded . . . . . . . . . . . . 475. . . . . . . . . . . . . . . . . . . e e ºr & G & º 476. Almended . . . . . * & e º e º e º 'º 477. Amended . . . . . . tº sº tº tº tº sº - © 478. . . . . . . . . . . . . . . . . . . . . . e e º º 479. . . . . . . . . . . . . . . . . . tº e º E * * tº º 480. . . . . . . . . . . . . . . . . . . . . . . . . . e e s a e s a e e e e s e º e s = e e º e s • e > 483. e e o ºs e s e. e. e. e. e. e. e. e. e. * * * * * * * * * e 484. - -, e. e. e. e e º e s e e º e s e e s • e s = * * * 485. o is e º 'º e o e º 'º e º 'º e º 'º - * * tº e º 'º 486. . . . . . . . . . . . . . . . . . . . . . . . . . 487. • * * * * * * * tº e º e º e s tº e º 'º G & º 4 º' tº 488. . . . . . . & e º e º 'º e º e º 'º e º & • e s - e. e - e º e º 'º a s > * * * * * • * * * * * * * * * 453. Amended .............. 494. tº tº gº e º 'º & e º e º 'º • * * * * * e e e * @ 9 495 • * e e s e s a e e º e e s s e º 'º e º e a e - º 496. º 497-511. Superseded .. 512. 516. . . . . . . . . . . . . . . . . . . . . . . . . . 517. . . . . . . . . . . . . . . . . . . . . . * * * * 518. . . . . . . . . . . . . . . . . . . . . . . tº - ºr 519. . . . . . . . . . . . . . . . . . . . . . . . . º 520. . . . . . . . . . . . . . . . . . . . . . * * * * 521. Superseded . . . . . . . . . . . e 522. . . . . . . . . . . . . . . . . . . . . . e sº e e 523. . . . . . . . . . . . . . . . . . . . . . . . . . 524. . . . . . . . . . . . . . . . . . . . . . . • * * 525. . . . . . . . . . . . . . . . . . . . . . * - - - 526. . . . . . . . . . . . . . . . . . . . . e tº º º §. ........................ 531. . . . . . . . * e º 'º e º ºs e º 'º e º 'º * @ 9 É. ...................... 535. & • * * g º e e º e º 'º e & to º tº e - © This Compilation Sec. Page © º e is © e º e © tº dº e © e º te º e º º º e º e • ‘º º e tº - º a 93 tº e º º o e º s 94 e e s a o e º e & © tº gº - ºr º e © e º a º º s = tº e s : & © º º º º sº e º e º e º º tº º tº º gº tº tº dº e e • * ~ * & © & e 96 tº º e us © & e e Q & © & & © tº e tº º tº e tº e º e & º e e & e º ºs ſº a s e tº tº dº e © e º e & © e & * e º ºs • * is e º e º 'º & º º e e - © e © º º e - - - - 99 e tº e & tº º ſº e tº tº e e tº 9 s & º e º e id: * * e e * * * * e e º s º e º y & e º ºs º & e se * * g e tº º º e • e º º * @ e e TABLE OF REVISED STATUTE SECTIONS This Compilation Sec. Page 1076 e - © e 540. e tº e º e º e º e s p → * * * • e s tº e < * * * * 1077 - © º te 541. . . . . . . . . . . . . . . . . . . . ... ... 1084 © e º e 542. e e º e º e º e º 'º e º e º e º º © & e º 'º e º e 1084 e - © e 543. e e º e º 'º e s s • e º e e s e in e s e º 'º • * * 1085 © tº e <> 544. . . . . . . . . . . . . . . . . . ... . . . . . 1087 • * e e 545. . . . . . . . . . . . . . . . . . . . . . . . . . 1090 © º º º 546. © tº dº e º 'º º º ſº e º e º 'º e e s e e º ºs e e e e 1092 tº tº e e 547. . . . . . . . . . . . . . . . . . . . . . . . . . 1094 e - © e 549. e e º 'º e º e º e s is a e - e s s is º º & © e. e. g. 1102 * * * s 550. . . . . . . . . . . . . . . . . . . . . . . . . . 1105 º 4 e 551. . . . . . . . . . . . . . . . . . . . . . . . . . 968 © tº 552. . . . . . . . . . . . . . . . . . . . . . . & ſº e 968 • * * * 553-554. Repealed .......... • * e e 179 555. . . . . . . . . . . . . . . . . . . . . . . . . o 970 * * * * * * * * * * * * * * e o e s e e º 'º e s a 563, par. 18. . . . . . . . . . . . . . . . . . . 991 (19) © & 564. • * e º e s e s e e s a e e o e e s a • * * * * * 565 * & © º e º 'º e e e º 'º e º e s e e s sº e s • 566 s e e º e s e e a s e e º e e s tº e < * * * * tº gº 567. . . . . . . . . . . . . . . . . . . . . . • e e Q 568. e e & e º & e º e s e º e º e e s e º 'º e º e º e 569. tº º º e º e º e e & e º e º e º & e º ºs e º ſº e 570. e e º 'º e e s a e e s ºr e º e e s e º 'º e º 'º º e 571-572. Repealed . . . . . . . . . . 3 ge e º e º e º e s e s a e º e º e º 'º e º ºs e e © 574. . . . . . . . . . . . . . . . . . . . . . . . . tº 575-577. Repealed . . . . . . . . . . 578. . . . . . . . . . . . . . . . . . . . . e e º e ºs 579–580. Repealed ..... e G is tº e 581. . . . . . . . . . . . . . . . . . . . . . . . . . 582. Repealed . . . . . . . . . . . . . . 583. . . . . . . . . . . . . . . . . e e s tº e º 'º º e 584-588. Repealed . . . . . . . . . . 589-590. Repealed ..... º “º e º tº 591. - e q e º e e º e º e º e º 'º e e s tº * * * * tº e > 592. . . . . . . . . . . . . . . . . . . . . . . . . º 593. . . . . . . . . . . . . . . . . . . . . . . . . . 594. tº @ Q ſº tº e º & e º e © a e º e º e º e º e º 'º e 595. e g º e e º e e e s e e º sº e s e s a e º 'º - e. º 596, e tº e º e ºs e º e e s e e º e º e s e º e º e º ºs 596. . . . . . . . . . . . . . . . . . . . . e - e º e 597. . . . . . © a e g º e º e º a tº º e º 'º & wº e tº º 598–600. Repealed . . . . . . . tº º 601. . . . . . . . . . . . . ... • . . . . . . . . . . e 602. . . . . . . . . . . . . . • e s a • * * * * * * * 608. . . . . . . . . . . . . . . . . . . . . . . . . . 604. e c e º 'º e º e e º ºs tº e º e e is tº e e º e º ºs tº 605. dº º e - © - e. e. e. e. e. e. e e e e s e e º e º e º ºs 606. . . . . . . . . . . . . . . . . . . . . . . . . . 607-617. Repealed ..... tº e º 'º º 619–627. Repealed . . . . . . . . & Cº 628. Superseded . . . . . . . . . . . . 629. 629, par. 4. . . . . . . . . . . . . . . * * * * * 629, par. 4.. e ſº tº e - e. e. e. e. e s e º a tº e 629, par. 5. . . . . . . . . . . . . . . . 629, par. 6. . . . . . . tº º tº e º 'º e ºs e e 629, par. 7... . . . . . e - - e º s 629, par. 8....... e e e e s e e e º 'º e is e 629, par. 9. . . . . . . . . . . . . . . . . . . . 9 9 1. ( 2 ) -º-º-tº 'iº iń 179 iń iñº 179 šičj .. 991(3) . . 991(4) .. [Page 18031 This Compilation Sec. Page 1587 • * * * 179 - * * * 179 1.191 tº º is tº 1193 • ‘º e e 1194 e e º º 1195 © & e e 1197 e e s a 1198 tº º e e ižň ... 179 1207 tº e º tº 1208 º e º e 1209 º e º e 1210 tº tº e ºs 1211 © tº º e 1212 e tº e & 'iº 179 iñá 1214 e ‘º e s 1230 e tº e ºs 1233 © º e ºs 1234 © º º ºs 1235 tº e º e 1237 tº e e is 972 e e g is 1338 tº e º ºs 1239 * * * > 1238 tº e º s 1243a. . . . . 1241 & © º º 1242. & © e a 1538 © º 'º e 1542 • 2 e e 1244 © & © e 1469 * * * e 1245 tº º e e 1246 e - e e 1247 tº º e º 1248 © º e e 1022 e e e s 1023 © º e is 1024 tº ſº º º 1025 © e e e 1026 e G & © 1027 • & © e 1028 • * g e 1031 . . . . 1032 º e s s 1039 e e º e 1033 & Q is a 1034 tº º s e 1036 tº º is e 1037 © e e a 179 1249 tº e e < 1250 '.... 1251 e - e. e. 1604 & O e e 1279 © º º º 1280 © º 'º e 1281 º e º s 1282 e e g is 1283 • . . . . 1284 © º º º 1285 e e º º 1286 e s e e 1287 © º e e 1288 tº e º e 1289 e e s s 1290 0 0 g e - * * > 180 1291 © º e a Rev. St. Sec. 780. • * * * * * * * * * * * * * * * * * * * * * * * * 781. Superseded e e e º e º ºs e º e º º 782. © º 'º - e º tº a tº º tº o a e e º e º e & © tº € 9 & 784. e e º e e e s e s e e s a e s e s e º 'º e º e º 'º 785 * - tº e º e º sº e - © e e s e e o e s e e s e º 'º 786 • 6 º' tº º e º e º 'º a • * * * * * * * e e º e º 'º' 787. . . . . . . . . . . . . . . . . . . . . . . . gº & 788. . . . . . . . . . . . . . . . . . . . . . . . . . 789. . . . . . . . . . . . . . . . . . . . . . . . . . 790 • * * * * * e º 'º e º e a s e º e s s & e º º * - 791. . . . . . . . . . . . . . . . . . . . . . . . • * tº e º 'º e º e º e º I e º e º sº e º 'º e º e º e º 'º e - e º e e º e s - e. e. e. e. e. e º 'º e º e º e º & e = e tº e º e º e º 'º e º 'º - §si. Repealed . . . . . . . . . . šić. ......................... tº e º is e e s e < * * * * * * * * * * * e º e º & s e s e e º s e º ſº º 820–822. Repealed . . . . . . . . . . 823. © tº e º º & # * > * > e º e º e º º • * * * * * * 824. . . . . . . . . . . . . . . . . . . . . . . . º 825. . . . . . . . . . . . . . . . . . . . . . . . ſº 826. tº e º ºs e s e e º e º e º e s tº e o e º e s tº * - 827. tº º º & e º 'º © tº e º 'º º & ſº tº & Cº. 828. . . . . . . . . . . . . . . . . . . . . . . . . . 829. * - e. e. e. e. e. e • * * * e e s e e º 'º e • e º 'º º 830. tº e º 'º e º ºs e - tº e º Gº tº e º 'º e e º e º e º º 831. & © & © tº e º º 'º º º e º e º 'º e e º a tº tº tº 832. . . . . . . . . . . . . . . . . . . . . . . . . º 833. . . . . . . . . . . . . . . . . . . . . . . . . . 834. º e º 'º s e º e º e s tº e s e e º 'º e s tº a tº º 835. & © & © tº e º & © tº a tº e e s e º º © e º 'º e º tº 836. Superseded ........... 837. . . . . . . . . . . . . . . . . . . . . e e º 'º 838. Amended ........ e e s e e º e 839. * * * * * * * * * * * * * * * * * e º . . . . . . 840. . . . . . . . . . . . . . . . . . . . tº e &-e tº e e ‘º e º 'º - e º ºs e º 'º º Superseded 843. Q & Q @ & © tº e º ſº º e º & E & e º & e º 'º e & 844. . . . . . . . . © tº e º e g º e > * > e g tº s & © 845. . . . . . . . . . . . . . . . . . . . . . . . . . 846. Amended ........... tº e - © 847. Superseded ...... © tº tº º tº º 848. . . . . . . . . . . . . . . . . . • * e º s e º e 849. . . . . . . . . . . . . . . . . . . . . . . . . o 850. ºn tº º º e º e º 'º º e e º ºs © e º e º 'º - e. - 851. tº º º ºs e e g º º * * * * * * * * * * * * * tº Q 852. * 6 tº dº e º e º e < e < e < e < * tº c e s tº dº º º 853. • * * * * * * * * * * s e a tº º • e º e e - © 854. © tº 6 e s e º 'º e o e s a s is a e e e º e e • tº 855. © e º º is & © & Cº. • e º e º e º e 856. • * * * * * * * * * g e e e tº e º ºs e e º 'º e © - 857. . . . . . . . . . . . . . . . . e - e. e. e. e. g. e - Amended This Compilation Sec. Page iš3 tº e º tº tº e º ºs tº e º ºs iš3 ió4 i33 Żół e e º a tº º º ºr & tº º tº dº º tº tº e º se © e º e tº e o º 629, 629, 629, 629, 629, 629, 629, par. par. par. par. par. par. par. 629, par. 629, par. 20 630–640. 641. . . . . . . . . . . . . . . . & e º e e º 'º e º is 642. e - e º 'º e º 'º e s e s e e e e s e e º 'º e s m e. 643. tº ſº Q tº tº º ºs e º e g º º ºs e º s º e º º ºs e º ºs 644. © & © tº & © tº º e s e º e e s e s e º e - a e º e 645. e e º 'º - e º 'º e º e º e s e e e º e º 'º - © e & 646. e e º & © e. e. e. e. e. e. e. e. e. e. e. e s a e º ºs e s e is e e º 'º e º e e º e º e e s a e º gº • * ~ * * e e & © & © tº e º e o e º e e a s tº e s e º O & © tº iń Rev. St. Sec. 649. * * * * * * * e s e e a s e e º e g º e s e > * > Repealed e s e e º e º e º 'º Repealed e e g º e º e º .º º 674. . . . . . . . . . . . . . . e e s e - e. e. e. * * * 675. * * * * * * * * * * * e e e s a e e º e s e e - 676. © & © & © & & © tº e º e º 'º e g is e - © e º ºs º is 677. . . . . . . . . . . . e e s e e a s e º e e º 'º e 678. tº e º e º 'º a e e s - e º e g g s e a e < * * * * 679. . . . . . . . . . . . . . . . . . . . . . . . . . 680. . . . . . . . . . . . . . . . . . . . . . . . . . 681. . . . . . . . . . . . . . . . . . . . • * is sº e e 682. Repealed . . . . . . . . . . . . . . 683. . . . . . . . . . . . . . . . . . . . • * * e º is 684. . . . . . . . . . . . º º ºs e º ºs e e º e s tº ſº tº • a e e s e e s s e e e º e º s e s e e º 'º e º 'º s & e º w º e º ºs e º sº e º e º ºs e º e º & © tº tº • a e u e º e s e e s a • * e s a e e º 'º e º 'º e 691-697. Repealed . . . . . . . . . . 698. . . . . . . . . . . . . . . . . . . . e s e e s a 699. Repealed . . . . . . . . . . . . . . 700. . . . . . . . . . . . e e s e º º • * * * * * * * 701. gº tº e º e e o e º 'º º • ‘P º 0 ° © e º º º 702. . . . . . . . . . . & © e º ſº tº a tº e º e g º º º 703. . . . . . . . . . . . . . . . . . c e º e º e º 'º 704–706. Tepealed . . . . . . . . . . 707. s e º 0 < * * * * * * * * * e a e º e º e º e º e 708. . . . . . . . . . . . . . . . e g º e º 'º e º 'º e 709. s e e e Jº tº e - tº º e e º e º e º ºs 710. . . . . . . . . . . . . . . . . . e e º e º e º s 711. . . . . . . . . . . . . . . . . . e - e º 'º e º & 712. gº tº º e e e º & º e º g º ºs e - © e º e º 'º 713. tº tº e e. e. e. e. e. e. e. e. e. e. e. e º a º e º º 714. e c e º e º e º º e e & tº & 715. . . . . . . . . . . . . . . . . . . . . . . . tº Q 715. © tº e º 4 s & © º 'º e * @ & © tº e & º & e º e º e 716. e e º - e º a tº tº e e e e e º & B e. 717. e e a e s e e e a e e s e e s a e º e tº e º e 718. . . . . . . . . . . . . . . . . . . e e e s e e s 719. e e s w e s e e º 'º e º e o 'º e e tº e º 'º e º e e 720. e e s e º e e e º 'º a º º º tº º e º e º e º 'º ſº 721. e e e s e s a e s e e o e e s e e s e e e º 'º e 722. . . . . . . . . . . . e e e e º s e s e e º e º a 731. © e º e º 'º e s e º e º e º e º & e - e º e º 'º - 732. e e e s e e s a e s = e º e s e º e e e º 'º e º 'º 733. e e s e a s e a e e s • e º e s e e e o e © tº e e 734. . . . . . . . . . . . . . . . . . . . • * * * * * 735. . . . . . . . . . . . . . . . . . . . . . . . . . 736. . . . . . . . . . . . . . e e is e e º e º & º º º 737. . . . . . . . . . . . . . . . . . . . . . . . e 738. . . . . . . . . . . . . . . . . . . . . . . . . . 739. . . . . . . . . . & © tº e g º º sº tº º 'º 6 & & tº e 740. e tº a e s a e e * @ e º e g º ºs e e º e º & tº tº º 741. . . . . . . . . . . . . . . . tº e º 'º - e º e º 'º 742. . . . . . . . . . . . . . . . . . . . . e g º e e 742. . . . . . . . . . . . . . . . . . . . . tº º ſº tº º 743–745. Repealed 748. e e e º e º e º e a e º a dº e º e s - " " tº e º 'º 749. & e º 'º • * * * * ~ e o e º e º 'º e e º e º e 750. e e º e º 'º e s e e º e º 'º e º e e e º e e º e e 751. e e e º e e s a e < e < e < e < e < * * * * * * * 752. * c e e º e s e º 'º e a e e s e e s s e e o e º 'º 753. e e e e s e s e º e e s a tº e s s e º e º º e º 'º 757. . . . . . . . . . . . . . . . . . . . . . . . . e 758. . . . . . . . . . . . . . . . . . . . . . . . . . 759. © e º e s e e º e s e e s s a e s e º e º 'º º e 760. . . . . . . . . . . . . . . . . . . . . . . . . . 761. . . . . . . . . . . . . . . . . . . . . . . . . . • a e e s e s e e º 'º e s - e. e. e s - e º 'º º e e e e e º s e s • * * * * * * * * * * * * * * * * * º Superseded 772. . . . . . . . . . . . . . e = e º e e º e º ºs e tº 773. Amended . . . . . . . . . . . . . . . 774. . . . . . . . . . . . . . & © tº e - © e º g º º tº 775. sº e - - - © e º e - © e e e s e e s - e º e s ∈ G • e º e s e e s w = • * * * * * e © e - © a e ∈ 777-778. Superseded ... 79. • * * * * * * * * * * * * * * * * * * * * * * e e iši i3% 1298 e Q & e 1299 © e º 'º 1300 © tº º ºs 1301 - e g e 1302 & e º e * * * * 182 303 © tº $ tº * * * * * * * * > * > * > 0 e º a e e s e 863. . . . . . . . . . . . . . . . . . . . . . . . & Gº 864. Amended .............. © 865. . . . . . . . . . . . . tº º ºs e º 'º º & e e s - tº 866 º to tº • * * * * * * c e s e e º e e s e e 868. º e º e º a e º e º e s e e s e e tº e º e º e º as Amended • * * * g e º e - tº º e º e º º * * * * * * * * * * * * * * e º a • e º e s e º e * * * * * * * * * ~ * g g º º 878. . . . . . . . . . . . . . . . . . . . . . . . . º 879. . . . . . . . . . tº º e º 'º e º e º e º 'º e º e e 880. ......... • * * * * * e º 'º e º e e º is º 881. . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * e º e s e e * * * * * * * * * * * * * e º e e s e º e * * * * * * * * * * * * e e s e s e e e e e e o a & e º º º a e < e º 'º e s ºn tº e o e º ºs e º e º gº tº e º º e º e o ºs e º e * * * * ~ e. e. e. e. tº e º ºs tº e º 'º' tº e º e © ºn º º & © º ºs 40 e o Q tº gº tº a tº º is © • * * * © e º e e e º a © e. e. e. tº e º 'º' tº º º º TABLE OF REVISED STATUTE SECTIONS This Compilation Sec. Page 1502 & º º º 1503 is tº º º 1504 e tº º (º 1505 tº e º º 1506 tº ſº tº ſº 1507 •' e s • 1508 . . . . . 1509 e º 'º tº 1510 & Cº. c > 15i.1 & º gº 1513 . . . . . 1514 gº tº º is 1515 º e º ſº 1516 tº º 1517 e tº º ºs 1518 e e º º 1519 tº e º ſº 1520 tº º 'º -1521 gº º e de 1522 • * * * 1532 tº tº ſº º 1533 • *. . 1534 1535 tº e Q i536 * g º º 1537 * * * > -1539 & © tº e 1540 * * 1543 1544 e tº º E 1545 ge tº º º 1546 • * ~ * 1547 te • * & 1548 © tº ſº tº 1549 tº $ tº º 1550 e tº 1551 tº º 1552 * 1553 º ºg º & 1554 & e º º 155 tº e 1556 tº º 1557 tº tº 1558 tº ſº tº 1559 tº º is º 1560 * tº tº 1561 e tº e 1562 gº tº e 1563 & © tº 1564 '• • * i565 e º º 1566 © tº ſº 1567 & © tº -1568 • * * 1569 tº e is 1570 tº e º & 1571 g 1572 * & 1573 © tº ſº º 1580 jº º tº º 1581 e e º º 1582 * * 1588 g 1589 tº tº gº tº 1590 • * * * 1591 tº e º e 1592 e tº e º 1593 tº ſº tº 1595 tº º & 1596 tº gº tº ºn 1597 tº e º 'º 1598 & e º is 1599 tº gº & 1600 e g º º 1601 e ſº 1602 * * 1603 tº ºt 1605 • 1608 tº tº 1609 tº º 1610 tº º 1611 tº s 1612 ſº tº 1613 tº º 1614 g e 1615 & © 1616 & e 1617 tº º 1618 te 1619 & 1620 tº º 1621. º 1622 1623 1624 1625 1631 1632 1633 163 1635 tº e o e IPage 1804] This Rev. St. Compilation Sec. Sec. Page 990. ſº º tº º tº e º 'º e G is tº ſº tº gº ºn tº & º & © º 'º $ tº 1636 tº e º e 991. . . . . . . . . . . . . . . . . . . . . . . . . . 1637 © & Cº º 992. a tº e e º e º e º ºs e º ºs e º ſº e s & * c tº gº e ſe 1638 tº ſº tº ſº 993. . . . . . . . . . . . . . . . . . . . . . . . . . 1639 tº e º G 994. . . . . . . . . . . . . * c & © a e gº tº gº tº tº ge • 1643 . . . . 995. • * * * * * * * * * * * * * * * * * * * * * * * gº 1644 o e º 'º 996. Amended ... . . . . . 1645 tº º is tº 997. . . . . . . . . . . . . . . . . . . . . . . . . . 1653 tº e º a 998. . . . . . . . . . . . . . . e e º e º e º e º 'º e 1658 e e º e 999. . . . . . . . . . . . . . . . . . . . . . . . . . 1659 gº tº e gº 1000. . . . . . . . . . . . . . . . e e g tº $ ſº tº e º ſº 1660 e º 'º º 1001. . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 tº º te tº 1002. Superseded ............. e - tº ſº 219 1003. . . . . . . . . . . . . . . . * * g º & G & º ºs . 1662 tº dº º º 1004. Amended ............... 1663 tº e º ſº 1005. . . . . . . . . . . . . . tº tº gº tº 4, tº e º g º & 1664 tº e ſº 1006. . . . . . . . . . . . . . . e º e s tº ſº tº e º ºs & 1665 tº tº e G 1007. Amended ............. 1666 tº º º 1008. . . . . . . . . . . . . . . . . . . . . . . . . . 1649 ſº tº 1009. . . . . . . . . . . . . . . . . . . . . . . . . . 1650 tº 1010. . . . . . . . * * * e º 'º º e º ºs e e e e º e e 1671 tº º º 1011. Amended .............. 1672 • * * 1012. . . . . . . . . . . . . . . . . . . . . . . . . . 1673 © e º & 1018. . . . . . . . . . . . . . . . . . . tº º dº ſº s & ſº 1655 tº dº 1914. . . . . . . . . . . . . . . . . . . . . . . . +. 1674 tº º º 1015. . . . . . . . . . . . . . . . . . § - ºn tº e º 'º . 1679 tº º 1016. . . . . . § e º 'º e º s e º ºs e º C . . . . . . . 1680 e º º 1017. . . . . . . . . . . . . . . . . . . . © gº tº e º º 1681 gº º 1018. * * * * * * * * * * g e º 'º e º e º º gº º is tº tº 1682 tº e º 'º 1019. . . . . . . . . . . . . . . . . . . . . ... ... 1683 gº º º º 1020. . . . . . . . . . . . . . . . . . ... . . . . . 1684 tº C tº º 1021. . . . . . . © e º p * * * * * * * * * c e ∈ E & © 1685 & e e 1022. . . . . . . . . . . . . . . © tº e º is tº º ſº tº ... 1686 tº º º 1028. . . . . . . . . . . . . . . . . . . . . . . . . . 1689 tº e º tº 1024. . . . . . . . . • * * * * * * * e e e s ∈ e º e . 1690. © tº º 1025. . . . . . . . . . . . . . . . . . . . . . . . . . 1691. º º ºs 1026. . . . . . tº e e º e e º e º e º e º 'º e º e º 'º tº 1692 tº e º º 1027. . . . . . . . . . . . . . . . * @ e º º º gº e º e 1693 tº tº e 1028. tº ſº e º is e º e e g º º ſº e º ºs & & © º º tº tº dº 1694 tº e º 'º 1029. . . . . . . . . . . . . . . . . . . . ... ... 1695 tº º º 1030. . . . . . . . . . . . . . . . . . . ... . . . . 1696 tº gº e 1031. . . . . . . . . . . . . . . . . . . ... . . . . 1697 e s tº & 1032 e e º e º e º e º ºn e º 'º e º º * c e e a e s e. e 1698 tº gº tº 1033 tº dº º º g º e º e º ſº tº e º ſº tº gº tº tº e º ſº 1699 tº tº º 1034. . . . . . . . . • * * * s tº e º e º e º a º * tº 1700 • * * * 1035. . . . . . . . . . . . . . . . . . . . . . tº º 1701 ge º ſe tº 1036. . . . . . . . . . . * * * * * g e º e º E & ... 1702 e tº e º 1037–1040. Superseded . . . . . . # * > 222 1041. . . . . . . . . . . . . . . . . . . . . . . ... 1705 & © tº 1042. . . . . . . . . . . . . . . . . . . . . . . . . . 1706 o 1043. . . . . . . . . . . . . . . . . . ºr e º e º e º s 1707 e | 1044. Amended . . . . . . . . . . . . . . 1708 e - © 1045. . . . . . . . . . . . . . . . . . . . . . . . . . 1709 & 1046. . . . . . . . . . . © & © e º ſº tº a tº e º 'º e º ſº & 1710 1047. . . . . . . . . . . . . . . . . . . . . . . . . 1712 • * * * 1048. Obsolete . e tº e º º ſº gº & © tº is tº tº * 224 1049. . . . . . . . . . . . . . . . . . . . . . . . . . 1127 & e º & 1050. . . . . . . . . . . . . . . . . . . . . . . . ... 1128 tº e º e 1051. Repealed . . . . . . . . . . . ge e º 'º e º 'º 224 1052. . . . . . . . . . . . . . . . . . . . . . . . . . 1129 tº dº tº 1053. . . . . . . . . . . . . . e Q & & © tº & © tº e e . 1130 * 1054. . . . . . . . . . . . . . . . . . . . . . . . . . 1131 º 1055. . . . . . . e e g º e º e º s tº e º e º ſº tº tº º 113 & 1056. . . . . . . . . . . . . . . . . . . . . tº º & 1133 1057. . . . . . . . . . . . . . . . . . ... . . . . . 1184 1058. . . . . . . . . . . . . . . . . . . . . . . . . . . 1186 1059. . . . . . . . . . . . . . . . . .........1136(3) tº e º & 1060. Repealed . . . . . . tº gº tº e e º ºs e º a s is 224 1061. . . . . . . . . . . . . . . . . . . . . . tº º 1137 e tº e g 1962. . . . . . . . . . . . . . . . . . . . . . . . . . 1138 1063. . . . . . . . . . . . . . . . . . . . . . . . . . 1139 1064. . . . . . . . . . . . . . . . . . . . . . . . . . 1140 tº º 1065. . . . . . . . . . . . . . . . . . . . . . . ... 1141 tº º 1066. . . . . . . . . . . . . . . . . . . . . . . . . . 1144 1067. . . . . . . . . . . . . . . . . . . . . . .... 1145 tº tº º e 1068. . . . . . . . . . . . . . . . . . . . . . . . . . 1146 gº º e is 1069. e º e < e º e º e e º e º e º is e e º 'º º e º 'º 1147 . . . 1070. . . . . . . . . . . . . . . . . . . . . . . . . . 1148 $ tº 1071. . . . . . . . . . . . . . . . . . . tº a tº e º 'º e 1149 tº º e 1072. . . . . . . . . . . . . . . . . . . . . . . . . . 1150 * 1073. . . . . . . . . . . . . . . . . . . . . . . . . . 1151. & 1074. . . . . . . . . . . . . . . . . . . . . . . . . . 1152 & © tº 1075. . . . . . . & s s is e º ſº e s e º & e º 'º & e º ºs 1154 & 1076. . . . . . . . . . . . . . . . • * * * * * * * * * 1155 1077. . . . . . . . . . . . . . . . . . . . . . . . . . 1156 1078. . . . . . . . . . . . . . . . . . . . . . . ... 1177 tº e s tº 1079. Repealed . . . . . . . . . . . . . . gº ºn g g 224 1080. . . . . . . . . . . . . . . . . . . . . . .... 1157 © tº º º 1081. . . . . . . . . . . . . . . . . . . . . . . . Q 1158 1082. . . . . . . . . . . . . . . . . . . . . . . ... 1159 1083. . . . . . . . . . . . . . . . . . . . . . . . . . 1160 1084. . . . . . . . . . . . . . . . . . . . . . . . . . 1161 1085. . . . . . . . . . . . . . . . . . . . . . . . . . 1162 1086. . . . . . . e is e e e º e ºs e s e º e s is e s is e 1163 1087. . . . . . . . . . . . . . . . . . . . . . . . . . 1165 1088. . . . . . . . . . . . . . . . . . . . . . . . ... 1166 1089. . . . . . . . . . . . . . . . . . . . . ..... 6405 e tº & s 1090. Superseded . . . . . . . . e e e º s e s tº 224 1091. . . . . . . . . . . . . . . . . . tº e º ºs e º º is 1,168 e e s s 1092. • e º e º e º e º s is tº e e o e a s is e e º e º & 1169 tº 1093. e e g º e g º e s e º ºr e º e º e º e º 'º e º ſº tº 1170 tº ſº tº Rev. St. Sec. 1094. Superseded ............ 1095. Superseded ............ 1096. . . . . . . . . . . . . . . . & G & º ſº e e & Cº. 1097. Amended ......... * e º e º e 1098. . . . . . . . . . . . . . . . . . . . e s tº e º ºs 1099-1101. Superseded ..... 1102-1103. Superseded ....... 1104. . . . . . . . . . . . . . . . . . . . tº tº e º ºs e 1106-1107. Superseded ....... 1108. . . . . . . . . . . . . . . . . . . . . . tº is º º 1109. . . . . . . . . . . . . . . . . . tº º e e g º º ſº 11.10: Superseded ........... & 1111. Amended . . . . . . . . . . . . . . 1112. . . . . . . . . . . . . . . . . . . . . . . . . . 1113. Superseded ........ § tº e dº 1114. Superseded ......... & © tº 1115. Superseded ............ 1116. . . . . . . . . . . . . . . . . . . . . ſº º tº 2 º 1117. Superseded . . . . . . . . . . . . 1118. Amended • * * * * * * * * * * 1119. Superseded tº e º ºs e º 'º e º & 1120. Repealed . . . . . tº e º ſº tº e º 'º a 1121. Superseded ............ 1122. . . . . . . . . . . . . . . . . . . . . © tº g º & 1123 * * * * * * * tº gº tº tº e º $ tº e º is tº & º 'º e º e 1124. . . . . . tº e º ſº tº º e º e º tº e º e º e º e e 1125. . . . . . . . . . . . . . . . . . . . . . . . . . 1126. Amended . . . . . . . . . . . . . . 1127. . . . . . . . . . . . . . . . . . . . . . . . . . 1128–1129. Superseded ....... 180. . . . . . . . . . . . . . . . . . . . . . . . . . 1131. Superseded . . . . . . . . . . . . 1132. Amended . . . . . . . . . . . . . . . 1133. . . . . . . . . . . . . . . . . . . . . . tº e e e 1134. . . . . . . . . . . . . . tº e º ºs e e e º e g º ſº 1185. . . . . . . . . . . . . . . . . . . . . . . . . . 1136. Amended . . . . . . . . . . . . . . . 1137. Superseded . . . . . . . . . . tº e 1138. . . . . . . . . . . . . . . . tº e e º º º * & © º 1139. Amended . . . . . . . . . . . . . . 1140. Superseded . . . . . . . . . . . 1141. . . . . . . . . . . . . . . . . . . . . . . . . . 1142. . . . . . . . . iº e º e º 'º e º e º & © e º e * 1143. * * s & e e tº e º ſº tº º ſº tº $ tº e s tº e * * 1144. . . . . . . . . . . . . . . . tº ſº tº e º a cº e º 1145. . . . . . . . . . . . . . . . . . . . . . . . © & 1146-1148. Superseded & Cº. 1149. . . . . . . . . . . . . . . . . . . . . . . . . . 1150. . . . . . . . . . . . * * * * * * * * * * s * @ 1151. Superseded . . . . . . . . . . * e 1153. . . . . . . . . . . . . . . . . . . . . . . § tº ſº 1154–1155. Superseded * * g e º 1156. . . . . . . . . . . . . . . . . . . . . . gº ºn tº º 1157. . . . . . . . . . . . . . . . . . . tº ºp tº tº º c 1158. * @ º e g g tº e º e º e e s is sº º & e ‘º e º 'º & 1159. Superseded . . . . . . . . e tº º º 1160–1161. Superseded ....... 1162. Amended . . . . . . . . . . . . . . 1163. Amended . . . . . . . . . . . . . . 1164. . . . . . . . . . . . . . . . tº gº tº e º e e © e º 1165. . . . . . . . . . . . . . . . . . . . . . . . . * 1166. . . . . . . . . . . . . . . . . . . . . . . . . . 1167. Amended . . . . . . . . . . tº @ ſº tº 1168. Superseded . . . . . . . . . . e .1169. . . . . . . . . . . . . . . . . . . • * * g º e g 1170–1173. Superseded * * * * 1174. Amended . . . . . . . . . . . tº º º 1175. is tº $ tº g g g º e º & © 2 & © e º e º º e tº e º 'º 1176. Superseded ...... tº e g º º º 1177 • * * * * * * * * * * * * * * * * * * * e tº º ſº tº 1178. . . . . . . . . . . . . . . . . . . . . tº ſº º º º 1179-1181. Superseded we tº e º ºs 1182. Superseded . . . . . . . . . . . . 1183. . . . . . . . . . . . . . . . . . . . . . . . . . 1184. . . . . . . . . . . . . . . . . . . . . . . . . . . 1185 tº e º e º e º e º 'º e º 'º e º 'º º e º º e º e º & 1186. . . . . . . . . . . . . . . . . . . . . . . • * 1187. tº e º e º ſº e º & G & © tº e º ºs e e º ſº © tº tº º 1188. . . . . . . . . . . . . . . . . . . . . . Q e º 'º 1189. . . . . . . . . . . . tº gº tº e º 'º e º 'º º is © tº º 1190. . . . . . . . . . . . . . . . . . . . . . . . . . 1191. Amended . . . . . . . . . . . . . . . 1192. . . . . . . . . . . . . . . . . . . . . . . . . . 1193. . . . . . . . . . . . . . . . . . . . . . . . . . 1194. Repealed . . . . . . . . . . . . . . . 1195. Superseded ............ 1196. Superseded . . . . . . . . . . . & 1197. . . . . . . . . . . . . . . . . . . . tº ſº tº $ tº º 1198. Superseded .......... & Cº 1199. * * * s e e º e s e is tº gº e º 'º e ge tº ſº e º 'º º e 1200. Superseded ............ 1201. . . . . . . . . . . . . . . . . . . * * * * * * * 1202–1203. Superseded ....... 1204. Superseded . . . . . . * - e º 'º º 1205. Superseded ......... * @ e 1206. . . . . . . . . . . . . . . . . . . . . . . . . wº 1207. Amended ............... 1208. * tº ſº dº tº e º 'º º * * * * 9 º' tº e s tº e e s e º e 1209. This Compilation Sec. Page 228 tº º º e 234 1756a. . . . . 1756b . . . . 1757 230 tº g g g 228 1723 tº e º ſº 1724 ge tº º ſº 232 ii.40 ... 1851 3270 ... 1754 Amended Amended Amended • a e º 'º e s e º e º e º 8 ° a s a e e º e s a e s e e s a s • * * * * * * * * e e º e s e º e s e e s s e, e º e s º e º e º s a * * * * e e s e s e e º e e s & e º e º e º e º º e a e s e e s e e e s e º e º a • * * * * * * * * e e s e s a e e s e e s e e s e s e º e º e º 'º e Amended . . . . . . . . . . . . . . e s = e is e s we e e º e s tº e º e s sº * * * * * * is e º e s sº e º e s is e º e º e º ºs e < * * * * * e is g º e º e º ºs e e e º 'º e º 'º tº º is a tº & ſº º e e º e º ºs e º se e º e s & e = * * * * * * * * * e e s e s is e e º e º º s e º 'º e º e º is e º e & tº e s is e º e s s e s a e º e s e e º 'º º º is tº ºr e s is tº e º ºs º e º e º a tº e e º º e º e º is e e e e º 'º e º is sº a tº e º e º sº e º s e is e º e º º & tº is tº e º e º 'º ſº e º is tº e º 'º e º e º is e º e * * * * * * * e e º e º e º te e º e º e º e tº e º & © e º 'º º ºs ... 277 ... . . 235 ... . . 258 1884 ... . ... . 259 1886 . . . . ... 259 tº e g tº 259 . ... 253 1873 . . . . 1871 . . . . 1877 . . . . 1878. . . . . 1879 . . . . 1880 . . . . e s s de 236 1765 ..... tº s gº tº 237 1996 e tº tº 1789 . . . . . 1790 . . . . 1791. . . . . . 1981 . . . . e e º is 241 1950 . . . . 1951 . . . . ... . 241 1795 . . . . 1794 * * > * > 1796 tº ſº tº G 1954 e e º 'º 1955 . . . . .... 303 1956 . . . . 1953 . . . . . . . . .246 1845 tº e gº 1846 . . . . * * * * 246 1843 . . . . . 1844 . . . . 1847 . . . . ... . 247 $ tº e e 248 1853 . . . . 1854 . . . . 1855 . . . . 1856 . . . . 1857 . . . . 1858 . . . . º e is e 242 1835 . . . . & ſº º º 242 1837 . . . . 2177 . . . . .... 304 2185 . . . . 2186 . . . . ... . 244 . . . . 241 1805 . . . . 2034 .... 2035 . . . . 1801 . . . . 1803 & º º 1804 . . . . 2197 * * * * 1798 e gº 1966 .... 1967 tº s e 1881 ... . . . . . 254 . . . . 248 tº e º º 249 1866 . . . . * * * * 237 1777 . . . . & º 'º e 237 1778 . . º º e gº 238 . . . . 262 • . . . 264 1900 . . . . 1901 . . . . 1902 tº e º e 1925 tº º e is TABLE OF RE VISED STATUTE SECTIONS Rev. St. Sec. 1210. • - - - - - - - - - - - - - - - - - - - - - - - - 1211. & © tº gº tº tº e º 'º º 's s sº e s e a e s e e tº e º e 1212. • - - - - - - - - - - - - • * * * * tº e º e º 'º º 1213. Superseded . . . . . . . . . . . . 1214. Superseded . . . . . . . . . . . . 1215. . . . . . . . . . . . . . . . . . . . . . . . . . 1216. Amended ..... ge' º º e º e º tº º ſº . 1217. • * * * * * * * * * * * * * * * * * & Cº 1218. Repealed ... . . . . . . . . . . . g 1219. . . . . . . . . . . . . . • * * * is e e º e º e º º 1220. . . . . . . . . . . . . . . . . . . . . . . . . . 1220. Amended . . . . . . . . . . . . tº a º 1221. Amended ...... tº e e º e º gº tº º 1222. . . . . . . . . . . . . . . . . . . tº gº º 'º e º ºs 1223. • * * * * * * * * * * * * * * * * * tº tº e º e º e 1224. Amended . . . . . . . . . . . * * * * 1225. Amended ............... 1226. . . . . . . . . . . . . . . . . . . tº dº is e º 'º º 1227. . . . . . . . . . . . . . . . . . . . . . . . . . 1228. . . . . . . . . . . . . . . . . . . . . . . . . . 1229. • • • * * * * * e e º ºs e º is e º ºs e e º e º , tº a 1230. tº ſº tº . C. tº e , it tº e º tº e º 'º g g g . g is e º e º ſº, 1231. . . . . . . . . . . . . . . . . . . . . . . . . . 1282. . . . . . . . . . . . . . . . . . . . . . . . . 1233. Repealed .............. 1234. . . . . . . . e º e º tº e º e º e g . * * * * * e º 1285. . . . . . . . . . . . . . . . . . . . . . . . . . 1236. e e -e e º 'º' is . e. e. e. e. e. e. e. e. g., e e * & tº & © ... ſº & 1287. . . . . . . . . . . . . . . . . . . & e º 'º, º e e 1238. Superseded ......... e ſº tº gº tº 1239. '• * . . tº e º 'º º , is s. s is . e. e º ºs e º e º sº e ºs & 1240. Superseded ........... te 1241. . . . . . . . . . . . . . . . . . . . . . . . . • 1242. tº º & º 'º º is a s , º e º e & s is e e tº gº tº $ tº e º 1248. . . . . . . . . . . . . . . . . . . . , & e º e º & 1244. . . . . . . . . . . . . . . . . . . . . . . . . . 1245. # * * * * * * : * . e. e = * * *... e. e. e. e. * * * * * * * * 1246. tº º tº $ e º e. g. tº e º ſe e º e º e º , tº e º º ſº gº º 1247. . . . . . . . . . . . . . . . . . . . . . . . . . 1248. tº º & tº º 'º e. e. e. e. e. e. e º 'º g e º e º e º e º & 1249. . . . . . . . . . . . . . . . . . . . . . . . . . 1250. . . . . . . . . . . . . . . . . . . . . . . . . * 1251. . . . . . . . . . . . . . . . . . . . . . . . . . 1252. . . . . . . . . . . . . . . . . . . . . . . . . . 1258. . . . . . . . . . . . . . . . . . . . . . . . . . 1254. tº gº tº & º e e tº e g e º e s e s e. e. e. e º e s e tº 1265. . . . . . . . . . . . . . . . . . . . . . . . . . 1266. . . . . . . . . . . . . . . . . . . . tº e e s e e 1257. . . . . . . . © e º e º 'º º e º e º e º e º sº tº tº 1258. . . . . . . . . * * * is e s tº e º sº º e º sº e º º 1259. Amended ............... 1260. Amended . . . . . . . . . . . . . . . 1261. . . . . . . . . . . . . . . . . . . & ſº g º e º ºs 1262. . . . . . . . . . . . . . . . . . . . . . . . . . 1263. . . . . . . * , e, e is e º 'º e tº e e º e º sº tº $ tº º 1264. . . . . . . . . . . . . . . . . . . . . . . . . . 1265. tº º tº e e º 'º e º e º e º e º 'º e º 'º © tº e º º sº 1266. . . . . . . . . . . . . . . . . . . . . . . . . . 1267. Amended ...... * * * * • 1268. . . . . . . • * * * * * * * * * * * * * * * * * º 1269. • * * * * * * * * * * * * * * tº g e º 'º e º & tº wº 1270. Amended . . . . . . . . . . . . . . 1271–1272. Superseded ..... tº º º 1273. Superseded ......... * e e 1274. . . . . . e s e e s e s = . . . . . . . . . . tº o 1275. tº ſº tº tº 9 tº e º 'º º ſº º tº $ tº e tº a • * 1276. tº gº tº e º gº º º ºs ºº & © tº e º 'º e º $ tº * e º e 1277. . . . . . . . . . . . . . . . . . . . . . . . . e 1278. Repealed . . . . . . . . . . . . . . . 1279. Amended . . . . . . . . . . . . . . . 1280-1281. Repealed .......... 1282. Superseded . . . . . . . . . . . . ge 1283. Temporary . . . . . . . . . . . . g 1284. Repealed . . . . . . . . . . . tº £ tº 1285. Amended ....... tº º tº e º tº º º 1286. Temporary ...... * tº C & © tº º 1287. . . . . . . .- * tº ſº tº º tº $ tº º º e ºs tº º º & © º 1288. . . . . . . . • - - - - - - - - - - * tº gº tº gº tº e 1289–1290. Superseded ........ 1291. . . . . . . . . . . . . * * * * * * * * * * * * * 1292. . . . . . . . . . . . . . . . . . . .... . . . . . 1293. . . . . . . . . . . . . . . . . . . . . . . . tº º 1294. Superseded .......... © tº º 1295. 6 tº gº & tº e º ſº g tº •º e º $ tº gº tº gº tº gº tº • * tº º 1296. . . . . . . . . . . . . . . . . . . * & e º & © e 1297. Superseded * * * * tº e G tº º ſº º º 1298. • * * * * * * * * * * * * * * * * * e e. e. e. e. e. e. 1299. . . . . . . . . . . . . . . . . . . . . . . . . . 1800. . . . . . . . . . . . . . . . . . . . . . . . . . 1301. tº gº tº e º 'º e º ſº & is e º ºs e e is a g º e 1302. . . . . . . . . . . . . . . . . . . . . . . . . . 1303. . . . . . . . . . . . . . . . . . . e e º e º e ºs 1804. . . . . . . . . . . . . . . . . . . . . . . . . . 1305. Amended ..... & º dº e º 'º e º 1806. Amended ............... 1307. . . . . . . . . . . * * * * * * * * * * * * is tº s e 1808. Amended ............... 1309. Amended . . . . . . . . . . . . . . . 1310. ſº tº tº te e º te e º ºn tº gº & © tº gº gº tº º ſº ſº º i.e. 1311. tº º tº ſº e g º e º e e º 'º º 'º s e sº * & © & tº e ºs 1312. This Compilation Rev. St. Sec. Page | Sec. 1926 g tº ſº 1313. . . . . . . . . . . . . . . . . . . . . . . . . . . 1927 . . . . . 1314. . . . . . . . • * e e º e º & e e º 'º tº tº e º 'º tº : e 1933 . . . . . 1315. Superseded . . . . . . . . . . . . ë gº tº º e 266 |1316. Temporary ..... e e s m e. e. e = tº º ſº tº 267 1317. . . . . . . . . .e. e. e. e º . g e º e º ºs º dº tº $ tº º 1915 . . . . . 1318. . . . . . . . • . . . . . . . . . . * * * * * * * 1942 . . . . . 1819. Amended . . . . . . . . . . . . . . . 1991 • ::: | 1820. . . . . . . . . . * & e º º tº e . . . . . . . . . • * g g tº 278 1321. . . . . . . . . . . . . . . . . . . . . . . . . . 1921 . . . . . 1322. . . . . . . . . . . . . . . . . . . . . . . . . . 1968 - 1323. . . . . . . . . . . . . . . . . . . . . . . . . . 2181 • . . . . 1324. . . . . . . . . . . . . . . . . . . . . . . . . g 1969 • . . . . 1325. . . . . . . . . . . . . . . . . . . . . . . . . . 1993 . . . . . 1826." . . . . . . . . . . . . . . . . . . . . . . . . . 1994 & tº º º 1327. s a e e s e e s a e e s • * * * * * * * * * * * * 1995 • . . . . 1328. . . . . . . . . . . . . . . . . . . . . . . . . e 2283 • - - - | 1829. . . . . . . . . . . . . . . . . . . . . . * * g tº 1934 • *- : 1880. . . . . . . . . . . . . . . . . . . . . . . tº º & 1944 • . . . . 1331. . . . . . . . . . . . . . . . . . . . . . tº e º 'º 2000 • - - - || 1332. & e º e º e s ∈ e is a e º e º e e º ºs e º 'º º º 2001 . . . . 1833. . . . . . . . . . . . . . . . . . . . . . . . . . 2003 tº º e C 1334. . . . . . . . . . . . . . . . We tº • * © e º 'º º e 1988 e G 1835. . . . . . . . . . . . . . . . . . . . . . . . . . 2004 . . . . . 1336. Amended ..... tº gº e º e º e º tº e tº gº º & 280 | 1337. Amended .......... • . . . . 2006 • | 1338. Amended . . . . . . . . . . . . . . . 2007 . . . . . 1339. Superseded . . . . . . . tº e º g tº 2008 . . . . . 1340. . . . . . . . . . . • * * * * * * * * & e º º te e 2018 . . . I'1341. . . . . . . . . . . . . . . • . . . . . . . . . . tº e º & 244 || 1342. Amended (Articles of 1830 • . . . . . War, 1-121). . . . . . . . . . a s : * * 281 1343. • * * * * * * * * . . . . . . . . . . tº e º 'º gº tº 1972 . . . . . 1344–1351. Superseded . . . . . . 1973 • . . . . 1352–1361. Superseded . . . . . . . 2045 • * > | 1862. . . . . . . . . . . . . . . . . . . © tº º te tº wº • 2046 tº gº º ſº 1363. tº º e º ſº e º 'º º e e º 'º e s - tº g º e º gº tº e o e 2053 tº º ſº tº 1364. e tº º, º ſº tº e º & ſº e e s e s e º e s s e e s e e 2054 • • * * | 1365. . . . . . . . . . • * * * * * * * * * tº e º ſº tº de 2055 • . . . . 1366. Superseded . . . . . . . . . gº © tº º 2056 tº gº º º 1367. tº gº tº & ºt * tº e º 'º º tº e º $ tº § tº º tº º e tº Lº º 2057 . . . . . 1368. Superseded ........ gº tº e º tº 2058 • e s e 1369. gº ... . • - - - - - - - - - - - '•'s • * * * * * 2059 & © tº & 1370. Amended • * * * * * * • * * * * * * * 2060 . . ... |1371. Superseded ........... e e 2061 • - - - | 1872. . . . . . . . e < e < e < e s e e e e s e e s º º 2063 tº º ſº º 1373. . . tº e º e tº e º 'º $ tº & © tº e º ſº * & Gº & tº º ſº 2069 e is e o ' 1374. • . . . . . . . . . . . . . . . . • * * * * * * * 2070 - - - - || 1375. Amended ............... 2071 • . . . . 1376–1377. Superseded . . . . . . . 2072 • . . . . 1378. . . . . . . . . . . . . . . . . . . . . . . . . tº 2074 . . . . . 1379. ................... . . . . . . 2284 • . . . . 1380. . . . . . . . . . . . . . . . . . . . . . . . . . 2089 • - - - || 1381. . . . . . . . e e e º 'º e º e º 'º. 9 e º 'º dº * * * 2099 • . . . . 1382. tº º e º s. sº e º e º is . e. e. e is e º . ~ * * * * * 2102 . . . . . . 1383. ............. tº e º ſº e º & ſº tº & tº º 2103 © º º tº 1384. e tº ſº tº , º ºs e º & tº gº e, e º is e, e s tº tº e º º ſº tº 2104 • . . . . 1385. . . . . . . . . . . e & e º 'º e º 'º e g º & & © e 2111 • - - - 1386. . . . . . . . . . . & e º ſº tº & e º e º e º ſº tº © 2112 • - - - || 1387. . . . . . . . . . . gº tº º e g g g . e º 'º e º 'º º º 2113 • * * - || 1388. . . . . . . . . . . . . . . . . . . . . . . . . . 2114 tº $ tº a 1389. • * * * * * * * * * * * * * * * * * * * * * * * § 2115 . . . . . 1390-1392. Superseded ....... e e º 'º 298 || 1393. ...... . . . . . . . . . . . . . tº e º e º ºs & s : & © 299 || 1394. Superseded ..... tº ſº tº e º e º 2138 • 1895. . . . . . . . . . . . . . . . . . . . . . tº e º 'º 2140 . . . . 1396 tº e º gº º e º e º º is tº * g e º ſe. e º ºs e º 'º, º 2141 • . . . 1397. . . . . . . . . . . . . . . e & e º ºs e º e º º & 2142 • * * * 1398. e e º ºs e º e º is e e # . . . . . . . . . . . . . • e s e 300 || 1399–1400. Superseded ........ 2143 tº º £ tº 1401. . . tº s is e e º e º 'º º is tº • * * * * * * * * * * e e s e 300 | 1402. . . . . . . . . . . . . . . . . . . tº º e 9 tº e ſº º ºg 300 || 1403 e. e. e º 'º e. e. e. e. e. e. e. e º ºs e º 'º e º 'º º tº º & e tº ſº tº 300 1404. e.g. g. sº e º 'º e º a tº e s tº º e s - e. tº tº gº tº tº e e * tº gº e 300 1405. . . . . . . . . . . . . . . . . . . . . . . . . . 2157 . . . . . 1406. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 || 1407. . . . . . . . . . . . . . . . . . . . . . . . . 2158 . . . . . 1408 e e g º e º ºs e º e, e º ºs e º 'º a e º ſº tº e º s & 216.2 . . . . . 1409. . . . . . . . . . . . . . . . e e º e e s tº a s tº # * * * 302 | 1410. . . . . . . . . . . . . . . . . . . . . . • * * * 21.68 . . . . . 1411. Superseded . . . . . . . . . . . . 2171 1412. . . . . . . . . . . . . . . . . . . tº ſº º º e º ºs 2173 . . . . . 1413. . . . . . . . . . tº $ tº e º 'º e º gº º tº º & e º 'º . . . . 303 || 1414. . . . . . . . . . . tº e º 'º e º tº e º 'º & © tº & 2175 . . . . . 1415. . . . . . . . . . . . . . . {} º e º ſº º G & © e gº 2178 . . . . . 1416. . . . . . . . . . . . . . . . . . . . . . . . . . • * * * 303 || 1417. Amended . . . . . . tº gº tº E * * * * 2180 ... . . 1418. Amended . . . . . . tº e º ſº tº tº a tº 21.87 ... . . 1419. Amended . . . . . . . . . gº tº e º gº tº 2.188 . . . . . 1420. Amended . . . . . . . . . . . . . . . 21.89 . . . . . 1421. . . . . . . . . . . . . . . . . . . . . . . . . . 2190 ... . . 1422. Amended . . . . . . . º 2191 . . . . . 1423. . . . . . . . . . . . . . . . . . . tº e º e º e” tº 2.192 . . . . . 1424. . . . . . . . . . . . . . . . . . . tº ſº tº e º gº e 21.93 • e o e e. 1425. e g e º e º e º e e º e e s e e s s & e º ºs º e & 2194 . . . . . 1426. . . . . . . . . . . tº ſº e º dº º e º º tº e º ºs e º 2195 . . . . . 1427. . . . . . . . . . . . . . . . . . . . . . . . . º 2196. . . . . . 1428. . . . . . . . . . . . . . . . . . . . & e is e º º 2206 ... ºn 1429 e is e e s a • e e s s is e º e s e a º e º 'º e a gº 2221 .... I 1430 gº º is tº º e º G & & • * * * * * * * * * * e is tº tº 2222 * 1431 • . . . . . . . . . . tº $ & º º e º & dº º e º 'º º 2223 tº ſº tº º 1432 • * * * * * * * * * * * * * * * * * * * * * * * * LPage 18051 This Compilation | Rev. St. Sec. Page | Sec. 2224 e g º ºs 1433. • * * * * * * * * • * * * * * * * * * • * * * * * 2225. tº º is ſº 1434. e º 'º e º e º e º 'º & © tº gº tº tº e e º ºs º º e ‘º & Gº tº 307 || 1435 gº º is is e º ºs & e º ſº º tº e º ºs e º e e e º ºs e º • * * * 308 1436 e is º ºs e º e º e < e º ºs e º ſº tº e tº e º º ºs º is tº - 2238 .... I 1437. . . . . . . . . . . . . . . . . . . . . . . . . * 2239 ... . . 1488. . . . . . . . . . . . . . . . . . . . . . . . . . 2240 .... 1489. . . . . . . . . . . . . . . . . . . . . . . . . . 2241 ge e º 'º 1440. e e º e º is e º e º is a e e º 'º e º & e º e s tº * 2242 .... 1441. . . . . . . . . . . . . . . . . . . . . . . * * * 2243 .....] 1442. . . . . . . . . . . . . . . . . . . . . . . . . © 2244 .' | 1443. . . . . . tº e º ºs e e º 'º e º ºs e º & tº e º tº º tº 2.245 ... 1444. . . . . . . . . . . . . . . . . . . . . . . * * * 2246 ge 1445. . . . . . . . . . . . . . . . . . . . . . . © tº e 2247 * 1446. . . . . . . . . . . . . . . . . . . * * * * * * * 2249 ... 1447. . . . . . . . . . . . . . . . . . . . . . tº e º º 2250 .... 1448. . . . . . . . . . . . . . . . . . . . . . . . º 2251 ... 1449. . . . . . . . . . . . . . . . . . . . . . . . . . 2253 .... 1450. . . . . . . . . . . . . . . . . . . . . . . . . • 2255 .... 1451. . . . . . . e e º º ºs e º is a º º e s e s e º tº º 2256 .... 1452. . . . . . . . . . . . . . . . . . . . . . . . . . 2257 ... . . 1453. e ſº º e º gº tº e º is e º s is e e º ſº & © tº º 2258 .... I 1454. . . . . . . . . . . . . . . . . . . . . . . . . º 2259 ... . . 1455 e - © tº º ſº tº € tº & © tº gº tº e º gº & gº tº tº e º ſe g 2260 .... 1456. . . . . . . . . . . . . . . . . . . . . . . . . . 2261 .... 1457. . . . . . . . . . . . . . . . . . . • . . . . . . - 2263 .... 1458. . . . . . . . . . . . . . . . . . . . . . . . . '• tº g º e 310 || 1459. . . . . . . . . . . . . e e s e s e e º e º e s a 2269 ... . . 1460–1461. Superseded . . . . . . . . 2275 ... I 1462. . . . . . . . . . . . . e s s e s o - - - - - - - . - 1463. . . . . . . . . . . . . . . . . . . . . . . • - - 2308a. .... I 1464. . . . . . & e º g º ºs e º it tº $ tº e tº e g º e º & 2448 ... . . 1465. . . . . . . . . . . . . . . . . . . . . . . . . . • - - - 327 | 1466. . . . . . . . . . . . . . . • e s e ei e e s - e. e a s tº ſº 328 1467. . . . . . . . . . . . . . . . p e s e e º 'º e º 'º 2470 . ... 1468. . . . . . • . . . . . . . . . . . . . . . tº e º º 2474 & 1469. . . . . . . . . . . . . . , & e º ºs e º e º 'º º is tº 2475. • 1470. . . . . . . . . e º e º 'º e e º 'º tº e º e º ºs e e 2487 e dº e is 1471 • * * * * * * * * * * * * ë $ tº gº e º 'º º º º ſº º & e s e ' 883 || 1472. Superseded ............ 2489 . . . . . .1478. . . . . . . . . . . . .• . . . . . tº e º e g g tº * g g º º * 1474. ......................... 2493 ' ' ' ' | 1475. . . . . . . . . . . . . . . . . . . . . . . . . . 2494 ::: | 1476–1477. Superseded ...... * & © tº tº 384 || 1478. ....... e º e tº º * * * * * * e. e. e. e. e. e. tº º is 2498 • • • - 1479 a s s a 9 gº tº ſº tº $ tº E tº g º e s tº tº º is • s = e s 's • - - - 2520 1480. Amended . . . . . . . . . . . e º is 2521 1481. . . . . . . . . . . . . . . . . . . . . . . • . . . 642 ...: | 1.432. .............. & © tº g º º ſº * * * * 35% 837 || 1433. ... • * * * * * * * * * * * 's e s • * * * * * 6 * * * | 1484. Superseded ............ 2527 tº º º 1485 . 2528 e e e s is e º e s e º e º 'º ºn tº tº e º g º ºs e º º ºs * * * * | 1486. Amended .............. 2529 • * * * | 1487 - 25.30 & © s & ſº e º gº º g g g tº e * * * * * g e g g g tº e ∈ E: 2531 :::: 1488. ... • * * * * * * * * * * tº e º & © e º e g it tº tº º 2532 • * * * #; . . . . . . . . . © º ſº tº G & © tº º ſº tº © e g º e . 2533 e e º e 0. • se e s s s e s • s • * * * * * * * * e e s • * 2534 tº gº tº º 1491–1492. Superseded * , tº º 2535 ..., |1493. . . . . . . . . . . . . . . . . . . . . . . . & © 2536 III. 1494. tº e º ºs e º 'º gº tº * , º º, ø tº e º 'º º ſº tº gº tº 2538 .... 1495. . . . . . . . . . . . . . . . . . . • * * * * tº º tº E → * 338 || 1496. . . . . . . • * * * * * * * * * * * * * * • - - - 2539 ... . . 1497. Superseded ........ * g º ºs ... . 338 || 1498. . . . . . . . .* * * * * * * * * * * * * * * * * * 2540 * - e e 1499. tº e º e º ºs e º & e º º ſº e E. & e º e º e s p & º 2541 e e s e 1500. tº gº º º ſº tº gº tº gº tº º tº º & º ºs e e º gº e ę & © tº 2542 * 1501. . . . . . . . . . . . . . . . tº º 'º º º tº º & e º 2543 e & © & • 1502. tº ſº tº º ºs e e g º º e º $ tº tº e º 'º e º te tº gº tº tº e gº 389 || 1503. tº º tº $ tº g º º' tº tº e º 'º ºf tº ſº tº ſº e º & & tº tº " 2547 . . . . . 1504. . . . . . . . . . . . . . . . . . . . . . . . . • 2548 . . . . . 1505. Amended . . . . . . . . . . . e s sº 2549 • . . . . 1506. Amended . . . . . . . . . . . . . s 2552 e g º º 1507. 9 e º ºn tº e e º 'º º ſº tº º º ſº e º 'º e e e s e º e 2554 • ‘o e sº 1508. gº º e º is tº gº tº e º º e º ºs e º 'º e sº tº e g & Q & ; . . . . . . 1509. . . . . . . . . . . . . . . . . . . . . . . & © . tº */ tº e º 'º 51 e tº gº º e tº º e º 'º º º tº ſº e º 'º gº e º º ſº tº tº º 2560 . . #. º ºg tº e º 'º e º e º ºs © tº e º 'º e g º e º ſº tº º s 2561 ----- - * 1512. . . . . . . . . . . . . . . . . . . . e e º e º & *662 ::: | 1513. Amended .............. tº gº e sº 340 1514. Superseded . . . . . . . . . . . . 2615 - - - - 1515. . . . . . . . . . . . . . . . . . . . . . . . tº e 2563 . . . . . 1516. .............. . . . . . . . tº e º e “ ; ' ' ' ' | 1517. . . . . . . . . . . . . . . . . . . . . . . . tº gº 68 tº $ tº e - 1518 2569 - e g tº e e º 'º tº e º ſº º ſº e s tº $ ſº e º 'º e º ſº * : * 2570 gº © tº e 1519. tº º e e º ſº tº e º º is tº e º 'º is tº g tº º tº e º 'º º 2575 e - 1520. tº e º º te tº e º tº e ∈ E * * * * * * * > tº gº tº tº 2580 - 1521. e . * * g : e e s e : * * * * * * * s tº e s is tº e e e tº 2581 ... 1522–1525. "Superseded & º ſº tº º 2582 • . . . *. 3. s s a e º e s is e s tº e = e º a 's º is tº & tº º' tº º 2591. tº e º 'º 1527. e sº tº e e º 'º e º e s tº e º º ſº & 8 & e e º ſº º º 2592 .... 1528. . . . . . . . . . . . . . . . . . . . . . . . tº ſº 2593 tº e º & 1529–1530. - Superseded tº dº tº $ tº gº tº 2594 ... . . 1531. . . . . . . . . . . . . . . . . . . . . • - - - - 2595 .... I 1532. . . . . . . . . . . . . . . . . . . tº dº º ſº #3 & Cº. 2596 tº gº tº & 1533. •º e < * * * * * * * * * * * * * * * * * * * g 2599 tº º ſº e 1534. sº e º e º e e º e º 'º º tº e º . ~ tº e 2597 iº tº g tº 1585. e e º e º e. e. tº e. &: º & tº gº º e. g. g. tº º tº 2600 .... I 1536. . . . . . e e s tº t. tº º ſº . g º ºs e º e º ſº e g º º 2601 .... | 1537 e º e e e g º e e º e s e a s. s. s. a. º. 8 º' e º 'º & 2602 •'s e e 1538 as a , e, e s e s e. e. e. e. e s s a e o 'º e º e º 'º º º This Compilation Sec. Page - 2603 e e' s e 2604 e e º º 2605 . . . . . 2608 . . . . 2609 ... • * * * 2610 . . . . 2611 s s e. e. 2612 º e º ºs 2613 ge e º ſº 2614 tº e & C 2620 e s • * 2622 tº & © e 2623 e e e e 2624 • * * * 2625 tº e º 2627 º º 'º º 2628 tº e º 'º 2629 • - - - - 2630 • * * * 2631. gº º tº º 2632 º gº e e 2633 • . . . 2634 & © º' tº 2635 º e º & 2639 e e s e 2649 e is e e 2650 tº e º ſº & ºn tº 346 2652 e tº e de 2654 tº º gº tº - 2655 . . . . . . 2656 see e 2660 . . . . 2661 .... 2662 • * * * 2663 .... 2664 . . . . 2665 .... • - - - 348 2645 . . . . 2668 e tº º, . e. 2670 * * * * - sº tº 349 2672 tº e º º 2673 e • tº e 2676 ge tº * tº 2647 gº º º º 2648 e e º 'º 2677 • . . . • * ~ * .349 2678 e gº tº ſº 2679 • . . . 2681 • - - - 2682 gº tº 2683 gº º & 2684 tº dº º ºs • * * * 350 2685 • * * 2686 & © e. 2687 •. 2689 . . . . . . . . . 350 2691 tº tº tº tº 2692 • * * * 2693 tº º e gº 2694 • • . . ,2695 e e s • 2696 . . . . . . 2697 . . . . . 2700 • * * * 2702 --- 2705 • * 2706 e's 2707 • e s • 271.6 . . . . 271.7 ... . 2720 . . . * * e' s 354 - 2728 tº gº º is 2729 tº ſº º ſº 2730 . . . . . 2733. . . . . 2734 . • & e º - 2735 tº º e ºl 2736 tº º tº e & ſº . g º 356 2739 tº º ſº e 2749 gº 2752 tº gº • & © • * * * * 359 2769 2772 tº gº tº dº 2773 . . . . . 2774 º tº gº e 2775 tº º e º 2776. tº gº tº ge 2778 • . . . . 2781 ... • * ~ * TABLE OF REVISED STATUTE SECTIONS - . This Rev. St. Compilation Sec. Sec. Page j ñ39. • * * * * * * * * * * * * * * * * * * * * * * * * 2782 e e º 'o 1540. º e º e - © tº e º 'º e º e is e e º e º s e º e º e 2783 • C. e. g. 1541. . . . . . . . . . . . . . . . . . . . . . . . . . 2784 © º' tº - 1642. . . . . . . . . . . . . . . . . . . . . . . . . . 2790 © e o e 1543. . . . . . . . . . . . . . . . . . . . . . . . . . 2792 e - tº e 1544. . . . . . . . . . . . . . . . . . ... . . . . . 2793 º e º e 1545. Repealed .............. - - - e. 361 1546. . . . . . . . . . . . .............. 2798 © 9 º' - 1547. .......... & e º 'º e e © tº º ºs e º e . . 2805 © tº º º 1548. . . . . . . . . . . . . ....... dº e º e º 'o 2806 * * * * 1549. .......... O tº º e º 'º © e g º e - e. e. e. 2808 © e e - 1850. . . . . . . . . . . . . . . . . . . . . . . . . . 2812 tº 1851. . . . . . . . . . . . . . . . .......... 2.813 e tº e º 1552. Repealed .............. • t e e 364 1653. . . . . . . . . . . . . . . . . . . ....... 10206 ſº tº gº º 1554. . . . . . . . . . . ............ • e e 645 1865. . . . . . . . . . . . . ............. 646 tº e º e 1556. . . . . . . . . . . . .............. 2816 tº ſº e - 1557. . . . . . . . . . . • e º e º 'º - e. e. tº e º 'º e 2832 e e º º 1558. . . . . . . . . . . * @ ſº e º e º e º 'º . . . . . 2833 tº e º º 1559. ........ * * * * * * > * * * * e s e ... 2834 1560. .......................... 2835 • * * - I , 1561. Superseded ............ - © tº e 367 | 1562. . . . . . . . . ... • * * * * * * * . . . . . . . . . 2840 . . . . I 1863. . . . . . . . .................. 2841 © e º Q 1664. . . . . . . . . . . . . ............. 2842 * * * * 1565–1566. Superseded ....... . ... 368 1567. ......... , *, *, *, * * * * * * * * * * * * * 2853 - 1568. . . . . . . . . e, º, e e s e e s • a º, ſº e º 'º º gº 2854 tº e º º 1569. . . . . . . . ... •,• *, *, * * * * * * * * * * * * * * 2855 & © e e 1570. Amended ........ e. e. 2857 • e s • 1571. . . . . . . . . . . ...... * , º, e s e e ... 2859 tº 1572. . . . . . . . - * * * * * * * * * * * * * * * * * * 2860 • * ~ * 1573. Amended ..... * * * * e º e º e 2861 © e º º 1874. . . . . . . ................... 2863 e 1575. . . . . . . . . . . . ............ 2864 e º O - 1576. . . . . . . . . . . . .............. 2873 tº º º º 1577. . . . . . . . . . . . . . ............ 2877 tº ſº tº e 1578. . . . . . . . . ........... ... . . . . 2878 * tº e - 1579. . . . . . . . . . . ............... 2880 tº e º 'º 1580. Amended ............. 2881 tº º te º 1581. Amended ......... ..... 2882 e e º e 1582. . . . . . . . . . . ...... • * * * e º 'º e e 2883 1583. . . . . . . . ... • * * * * * * * * e s e e s s ... 2884 tº s e º 1584. Repealed ........... © e º - e. e. e. . 372 1585. Amended .............. 2886 tº ſº º 1586. . . . . . . . . . . . . . . . . . . . . . . . . . 2888 e 1587. . . . . . . . . . . . . . . . . . . ....... 2889 e e º e 1588. . . . . . . . . . . . . . . . . . . . ...... 2890 tº ſº gº º 1589. . . . . . . . . . . . . ............. 2644 • * ~ * 1890. . . . . . . . . . . . . . . . .......... 2891 © º e e 1891. . . . . . . . . . . . . . . . . . . . . . . . . . 2892 e - © º 1592. . . . . . . . . . . . . . . . . . . . . . . . . . 2895 . . . . . 1593. * * * * * * * * * * * * * * * * e s e e e a e = 2896 *.. 1694. . . . . . . . . . . . . ......... ... . 2897 © e º e 1595. . . . . . . . . . . . . . . . . ......... 2898 tº a º º 1596. Superseded ............ & e º s 378 1597. . . . . . . . . . . . . ............. 2902 © tº e Q 1598. . . . . . . . . . . . .... • * * * * * * * * * * * * 2907 * > - - 1599. Superseded ............ - - - - 382 1600. . . . . . . . . . . . . . . . .......... 2.919 & tº º º 1601–1602. Superseded tº e º e g a e e e 382 1608. . . . . . . . . . . . . . . . . . ... . . . . . . 2920 e e s • 1604 * * * * * * * * * * * c e º º . . . . . . . . . . 2921 e tº ſº º 1605 * * * * * * * * * * * * e s e e e s e s e s e e e 2922 tº e º - 1606. . . . . . . . . . . . . . . . . . . . . . . . . . 2923 e tº e - 1607. . . . . . . . . . . . . . . . . . . . . . . . . . 2924 * * - - 1608. Superseded ............ • * g e 382 1609. . . . . . . . . . . . . . ............ 2926 º 1610. . . . . . . . . . . . . . . • * * * * * * * * * * 2927 º 1611. . . . . . . . . . . ę & • e e. e. e. e. e. 2928 & Cº - e. 1612. . . . . . . . . . . tº e º e º 'º e e • * * * * * * . . 2929 .... 1613. e º 'º e o e, e s e º e, e s s , e, e. e. e. e. e. e. e. e. e. 2934 tº e º º 1614. . . . . . . . . . . . . . . . .......... 2936 . . . . . 1615. . . . . . . . . . . . . . . . . . . . . . . . . . 2938 e e º e 1616. . . . . . . . . . . © tº e º e º e º 'º º º º ... 2943 ge e º º 1617. . . . . . . . . . . . . . . . . . . . . . . . . . 2944 e e tº e 1618. • * * * * * * * * * e e s e e s e e s e a e e 2945 e 1619. . . . . . . . . . . . . . . . . . . . . . . . . . 2946 tº º e > 1620. . . . . . . . . . . . . . . . .- * * *, * g e ... 2947 • * * * 1621. . . . . . . . . . . . . . . . e, ºr a s. a, e º a e e 2948 te e º e 1622. . . . . . . . . . . . . . . . .... • e a e s e ... 2949 e & ſº e 1623. . . . . . . . . . . . . . . . . . . . . . . . . . . 2950 © º e - 1624. . . . . . . . . . . . . . . . . . . . . . . . . . 2961 tº º º º Art. 1. . . . . . . . . . . . . . . . . . . . 2962 © e o ºs Art. 2. . . . . . . . . . . . . . . . . . . . 2963 e tº e e Art. 3. . . . . . . . . . . . . . . . . ... 2964 tº º º Art. 4. . . . . . . . . . . . . . . . . . . . 2965 • - - - Art. 5. . . . . . . . . . . . . . . . . ... 2966 © º e - Art, 6. . . . . . . . . . . . . . . . . . 2967 tº e º 'º Art: 7. . . . . . . . . . . . . . . . . . . . 2968 tº e º e Art. 8. . . . . . . . . . . • C. e. e. e. e. ... 2969 • * g e Art. 9. . . . . . . . . . . * * * * * * * * * 70 e ‘º e e Art. 10. . . . . . . . . . . . . . . . ... 2971 tº e º 'º Art. 11. . . . . . . . . . . . . . . . . . . 2972 tº e º 'º Art. 12. . . . . . . . . . . . . . . . . . . 2973 • * * * 1. Art. 13. • * * * * * * * * * * * * * * * * * 2974 to e º e Art. 14 e e º e º e s e e º e s tº e e º 'o º 2975 e - e - IPage 1806] Rev. St. Sec. Art. 15. Superseded...... Art. 16. tº e º e º e º e º e e º 'º © e º e º Art. 17. º º e º 'º tº e º e º sº e º 'º dº º 'º º Art. 18. . . . . . . . . • * * * * * * e e e Art. 19. Amended..... tº º e Art. 20. . . . . . . . . . . . . • & © tº e Art. 21. . . . . . . . . . . . . º e º e is e Art. 22. * - © tº º º e ºs e e Art. 23. . . . . . . . . . . . tº tº º º º º tº Art. 24. . . . . . . . . . . . . . . . . . . Art. 25. . . . . . . . . . . . . . . . . . e Art. 26. ..... • * * * * tº e º 'º e e º º Art. 27. . . . . . . . . . . . . . . . . . . Art. 28. ..... º e º e º 'º º e º 'º e º e Art. 29. . . . . . . . . . . . . . . . . . . Art. 30. . . . . . . . . . . . . . . . . tº Art. 31. . . . . . . . . . . . & © tº º e º º Art. 32. . . . . . . . . . . . . . . . . . º Art. 33. . . . . . . . . . . . . . • ‘º e º e Art. 34. Amended........ Art. 35. • * c e a e e º e s e º e - © e º 'º Art. 36. . . . . . . . . . . . . . 0 tº e º Q Art. 37. . . . . . . . . . . . . . . . tº º (º Art. 38. Superseded...... Art. 39. . . . . . . . . . . . . . . to e º e Art. 40. . . . . . . . . . . . . . . . . º º Art. 41. . . . . . . . . . . . . . . . . . . Art: 42. . . . . . . . . . . . . . . . . . . Art. 43. . . . . . . . . . . . . . . . . . . Art. 44. º e s e º 'º e º a s e © e e º e e Art: 46. . . . . . . . . . . . . . . . . . e Art: 46. . . . . . . . . . . . . . . . . . . Art, 47. . . . . . . . . . . . . . . . ... Art. 48. . . . . . . . . . . . . . . . . . e Art. 49. . . . . . . . . .......... Art. 50. • * * * * * * * * * * * * * * * e Art. 51. .......... * * * ~ e e º e Art. 52. . . . . . . . º & º e º º º e º a º Art. 53. tº e º tº e º 'º e º e s e • e º 'º e Art. 54. ............... º º º Art. 55. • * * * * * * * c e e º e © tº º Art. 56. e e e e s e • * * * * * * * e e e Art. 57. .......... • * ~ e º e º e Art. 58. . . . . . . . ........... Art. 59. . . . . . . . ........ º gº tº Art. 60. .. * * : * * * e o e o e e º e Art. 61. ....... * @ e º is e º 'º e º gº Art. 62. . . . . . . . . . . tº e - e. e. e. g. a t. 63. ....... ... • * *, * > * • tº e. g. e. 1625–1660. Repealed ......... 1661. Superseded ............ 166%. . . . . . . . . . . . . . . . . ......... 1663. .......... * * * * * * * * * e º s e e e e 1664. • * e o e s e e s sº e s • e s - e. e. e. e. e. e. e. e. 1665. . . . . . . . .............. e e º e 1666. . . . . . . . . . . . . . . . . ... tº º tº e º 'º 1667. Superseded ........ tº tº o 1668. . . . . . . . . . . . . . . . . . tº e º e º ºs e e 1669. . . . . . . . . . . . . . . . . . . • * * c e º º 1670. Temporary .......... tº tº 1671. . . . . . . . . . . . . . . . . . . . . e e g c > 1672–1673. Superseded * * @ e o º º 1674. Amended • * * * * * * * * * s e e e 1675. e e º 'º & tº º e º e º e º - • * * * * * * * * * * 1676. Amended ...... • * * * * * * * 1677. . . . . . . . . . . . . * e º e s e s s e º e s e 1678. ..... * * * * * * * * * * * * * c e º e tº e e 1680–1681. Repealed ...... to e e 1682. Amended ............. 1683. . . . . . . . . . . . . . . • - - - - - - - - - - 1684. * * * * * * * * * e º e º e • - - - - - - - - - - 1685. Amended ............ tº º 1686. . & © tº G & © e • * * * * * * * * * * * * * * * * 1687. & © - tº gº º • - - - - - - - - - - - - - - - - - - 1688. . . . . . . . . . . . . . . . . . . . . . tº e º Gº 1689. • * * * * * * * * * e º ºs e - © e º e º º e e s tº 1690. Superseded ............ 1691. . . . . . . . . . . . . . . . . . . * e º e º º 1692. Repealed . . . . . . . ....... 1693. e s • * * * * * * * s e . . . . . . . . . . . . . 1694. Superseded ..... • . . . . . . 1695. * * * * * * * * * e e tº e º e º e º e º e º e º º 1696. . . . . . . . . . . . . . . . . . e a tº e º e º a 1697. Amended . . . . . . . . . . . . . . 1698. Amended ............. e 1699. Amended . . . . . . . . . . . . . © 1700. Amended ............ tº º 1701. . . . . . . . . . . . . . . . . . . . . . . e tº e 1702–1703. Superseded ...... º 1704 e º 'º e º e º e º e s a • * * tº e º 'º e º 'º º º º 1705 e e º e º e e º e o e º e º 'º - e º 'º - e º is tº e 1706. e e º e s e e s e e º e º sº e s e e s e o e s s º 1707. * * * e º ºs e e º e & * @ e º ºs e e s tº e º sº tº s 1708 • * * * * * * * * * * * • & © e º te tº e º 'º e e 1709. Amended . . . . . . . tº e e s tº e 1710. • * * * * * * * * * * * • * * * * * * * * * * * * * 1711. • * * * * * * * * * * * * * * * * * * * * * * * * 1712 Amended e e s e e e o e º 'º e º e e This Compilation Sec. Page tº º - - 391 2976 e - © & 2977 tº º O & 2978 e tº e G 2979 e e º 'º 2980 tº º º º 2.981 e - e. e. 2982 tº e º 'º 2984 © tº dº tº 2985 e e º º 2986 e - © e 2994 & © e e 2995 . . . . . 2996 * - © 2997 • * * 2998 e - e. 2999 tº e º 'º 3000 tº e º 'º 3001 tº e º º 3002 e - e. 3003 e e º 'º 3004 - - - 3005 * * * * e & © - 393 3007 e e º ºs 3008 3009 ... e. e. e. e. 3010 - 301.1 tº e º sº 3012 © e º ºs 3013 • * * * 3014 tº gº º º 3015 tº e º 'º 3016 e e º e 3018 • * * * 3019 3020 tº e º e 3021 © tº º tº 3023 tº e º º 3024 tº º O & 3026 gº º º º 3027 e e º e 3028 tº e º º 3029 tº º e º , 3030 tº º O e 3031 e to º º 3032 tº º ſº º 3033 e 3034 • * * * tº tº e º ' 397 * - - - 403 3079 º 3080 tº e º e 3083 e - e. e. 3085 e 3086 tº e a e e g c - 423 10207 © e º 'º 3087 e - e. e. e - - 423 3088 & e º e & & Cº - 424 31.16 e - © 'e 31.17 tº º º º 3119 tº ſº e •. 3125 e tº e e 3126 © e º e 3127 © tº º e s e e - 467 3128 -> 3129 e 3130 e - e e 3131 • * * * 3132 © e º e 3134 • Gº e e 3136 e 3137 * * * * e s e e 469 3143 tº e º 'º tº e º 'º 470 3.146 - - - - tº º e - 470 3147 & © e- 3148 • G - e. 3149 tº e º a 3150 to dº º º 3151 e - e. g. 3152 3153 * * * * * * * * 471 3154 * * * * 3158 e - © to 3159 tº e 3160 tº º e e 316.1 • * * e 3.162 e - e. e. 31.63 & © tº gº 3164 e - e s 3167 • . . . . Rev. St. Sec. 1713. Amended .............. 1714. • * e º 'º e © o º e s - • e s e e º e º e e e º e 1715. * * * * * * * * * * * * * * g º e e © tº e o e º e 1716. © º e º * * * e e º e º e e e * @ 6 tº e º e º 'º 1717. tº e o e s e º e s a e º e s e tº º e tº e e 1718. . . . . . . . . . . . . © tº tº gº & 6 º e º 'º • a º 1719. . . . . . . . . . . . . . . . . . . . . . . . tº tº 1720. Superseded ......... e - e. 1721. Repealed ......... & e º e º 1722. . . . . . . . . . . . . . . . . . . . . . . . . º 1723. . . . . . . . . . . . . . . . . . . . . . . . . . 1724. . . . . . . & & © tº tº e º 'º e º & º º ºs e º ſº e © 1725. . . . . . . . . . . . . . . . . . . . . . . . . e 1726. . . . . . . . . . . . . . . . . . . . . . tº e s - 1727. . . . . . . . , e. e. e. e. e. e. e. e. e. e. e. • * e e g º º 1729–1730. Superseded ....... 1731. . . . . . . . . . . . . . . . . . . . . . . . . . 1732–1733. Superseded ...... º 1734. mended . . . . . . . . . . . . . . 1735. e e e º e º 'º º e º º º © e º 'º e º e º e s ∈ tº © 1786. . . . . . . . . . . . . . e s s a e e s e e a e º 1737. & ſº e º e º 'º s e º e º 'º e º 'º © º e e º º ºs e - 1788. e e º ºs º e º 'º e º e º º * * * * * * tº e º º tº e 1789. . . . . . . . . . . . . . . . . . tº e - e. e º º e 1740. . . . . . . . . . . . . . . . . . . . . • * e º e 1741. Superseded ..... © tº º tº tº tº º 742. • e * * * * * * * * * * * * * e º 'º - tº º e º 'º e 1743. . . . . . . . . . . . . . . . . . . . . . . . . . 1744. . . . . . . . . . . . . e e s tº e s = e º e º 'º º 1745. . . . . . . . . . . . . e e º sº e º e s e e º e º 1746. . . . . . . . . . . . . . . . . . . . . . . . . . . 1747. . . . . . . . . . . * @ º º is e º º tº e º e º e e 1748. . . . . . . . . . . . . . . . . . . . . . . . . e 1749. . . . . . . • * * * e º e º 'º e º 'º • e e º e º 'º' 1750. . . . . . . . . . . . . . . . . . . . . . . . . . 1751. Superseded ..... • & © e s - - 1752. . . . . . . . . • * * * * * * * * * * * e e s s e 1753. . . . . . . . . . . . . . . . . . . . . . tº º tº & 1754. . . . . . . . . . . . . . . . . . . . . . . . . º 1755. . . . . . . . . . . . . . . . . . . . . . . . . º 1756. Repealed . . . . . . . . . . . . . e 1757. . . . . . . . . . . tº e º 'º e º 'º e - e. e. e. e. tº e 1758. . . . . . . . . . . . . tº e o & & © e º 'º e º º 1759. . . . . . . . . . . . . . . . . . . . . . . . . º 1760. . . . . . . . . . . . . . . . . . . . . . . . . e 1761. * * * * * * * * * * * * * * * * * * e º e ſº • * * 1762. Superseded . . . . . . . . . . º e 1763. . . . . . . . . . . . . . . . . . . . . . . . . . 1764. . . . . . . . . . . . . . . . . . . . © e g º º º 1765. . . . . . . . . . . . . . . . . . . . . . . . tº tº 1766. . . . . . . . . . . . . . . . . . . . . . . Q & © 1767–1772. Repealed ...... © e - 1773. . . . . . . . . . . . . . . . . . . . . . . . . . 1774. . . . . . . . . . . . . . . . . . . . . . . . . . 1775. . . . . . . . . . . . . . . . . * * * * * * * º 1776. . . . . . . . . . . . . . . . . . . . . . . . tº º 1777. . . . . . . . . . . . . . . . . . . . . . . . . 1778. e e e s e e e s a e s a e e s e e s s e e s e e 1779 e e e º e º e s is e e º e º 'º e º ºs e e s tº e º e 1780. . . . . . . . . . . . . . . . . . . . . . . . . . 1781. . . . . . . . . . . . . . . . . . . . . . . . . . 1781. . . . . . . . . . . . . . . . . . . . . . . . . . . 1782. . . . . . . . . . . . . . . . . . . . . . . . . . 1783. . . . . . . . . . . . . . . . . . . . e e º ºs e e 1784. . . . . . . . . . . . . . . . . . . e e º e º 'º e 1785. Repealed . . . . . . . . . . . . . . 1786. Superseded ........... e 1787. Repealed . . . . . . . . . . . . tº tº 1788. . . . . . - - - - - - - - - - - - - - - - - - • e 1789. . . . . . . . . . . . . . . . . . . . . . . . e e 1790. • e e e s - e. e. e. e. e. e. e. e. e. e. e. e. e º is e s • º 1791. & e e º e - e. e. e. e. e. e. e. e. e º & e º 'º e e º 'º º 1792. tº e e º e e s e e s e e º e º e e e e e e º e º 'º 1793. e e e e e = e º e e º e e º is e º 'º º e º º º e 1794. e is e e º 'º e s e e e s e º e º e < * * * • & © e 1795. . . . . . . . . . . . . . . . . . . . . . . . . e 1796. . . . . . . . . . . . . . . . . . . . . . . . . º 1797. Amended . . . . . . . . . tº e º e e 1798. . . . . . . . . . . . . . . . . . . . . . . . . º 1799. . . . . . . . . . º e º e º e is e º e º e º e tº º 1800. e e e s e s e e e º e s e º e º e = * * * e e º e 1801. . . . . . . . . . . . . . . . . . . tº dº e º O © 6. 1802. . . . . . . . . . . . . . . . . . . . . . . . . . 1803. . . . . . . . . . . . . . . . . . . . . . . . • e 1804. . . . . . . . . . . . . . . . . . . . . . . . . & 1805. e e a e º e s e e s e º e s e e s e s = e s * @ 1806. . . . . . . . . . . . . e e s a e s tº e º sº tº tº º 1807. tº e e. e º e º e e s is e a e e º e © ºn e • * * * 1808. . . . . . . . . . . . . . . . . . . . • a s is e e 1809. . . . . . . . . . . . . . . . . . . . . & E - © & 1810. . . . . . . . . . e & e º e º e º 'º e < * * e - © 1811. . . . . . . . . . . . . © e º ºs tº dº º & tº $ & © e. 1812. . . . . . . . . . . . . . . . . . © - e o e º 'º' e 1813. . . . . . . . . . . . . . . . . . . . . . . . . . 1814. e e e g g g tº e º e tº e e º e s is e º e º º tº @ 1815. . . . . . . - e. e. e. e. e - e º ſº e º 'º - tº gº tº tº - 1816. . . . . . . . . . . . . . . . . . . . . . . tº e º 1817. Superseded . . . . . . . . . . . . 1818. e e e º e º e º e º e e s e º e s tº e º & tº e º e This Compilation Sec. Page 3169 e e s tº 3170 e tº e c 3171 © C C & 3172 © to e. e. 3174 e e º º 3175 e Q & C 3177 & e º is e e º 'º 474 474 3178 .... 3180 tº º e ge 3181 • * ~ & 3182 e: G → • 3183 e e º e 3184 e e e e * - e. e. 475 3189 © tº sº º e - e. e. 475 3.192 tº e º e 3193 © º e e 3.194 - © e e 3195 • - - - 3196 e - ºn tº 3.197 . . . . 3.198 © tº a tº * * * * 476 3200 • * > * 3202 e e º o 3203 . . . . 3205 e e º e 3206 . . . . 3207 . . . . 3208 . . . . 3210 e e º e 3211 e e º 'º - - - - - 478 3212 e e s s 3213 . . . . 3214 tº e º 'º 3215 º e º e & to a tº 479 3218 º e º e 3220 e e º e 3223 tº e º º 3224 e e º e 3228 e e º e Q & e - 480 3230 © tº e e 3233 e e e e 3234 e ſº tº ** 3239 º º sº tº * * * * 482 3249 e - º e 3254 e e º º 3255 . . . . . 3256 e e s e 3257 e Q e e 3259 e G tº e 3263 e G → * 10269 - O & C 10280 e e º º 10282 - C C & 10283 © º sº e 10205 e e s tº 3264 tº e º ºs * - - e. 484 tº e º 'º 484 - - - - 484 10272 .... 10272 e - ſº tº 3265 © º C º 3302 e e º e 3303 º º º & 3304 © tº e 3305 • * * * 3306 © e º sº 3307 © .e. e. e. 3308 • e º a 3309 e tº e e 3310 . . . . 3311 e e º e 3312 º e e s 3313 e - e. 3314 tº e º ºs 3315 º e º º 3316 e - e. e. 3318 • - - - 3319 e e º ºs 3320 tº ſº º º 3321 º e º e 3322 © º e is 3323 tº º ſº e 3327 - © tº tº 3333 tº gº e e 3386 tº º is e 33.87 e e º a 3373 & © tº * • * * * 494 3334 e - e is TABLE OF REVISED STATUTE SECTIONS • , This Rev. St. Compilation Sec. Sec. Page 1819. • * * * * * e s e o e o e e s e o 'º e s e a e e'e 3392 - © º sº º 1820. • e e e e. e. e. e. e. e. e. e. e. e. e s e º e s e º 'º e e 3393 e is e - 1821, ......... e e º e º sº e s - e º e e ... 3406 tº e s tº 1822. . . . . . . . . . . . . . . . . . . . . . . . 3408 e e º e 1823. . . . . . . . . . . e e º e o 'º e ........ 3409 e s e tº 1824. . . . . . . . e e º ºs e º 'º e s is e º 'º s : * * * * 34:11 e e s a 1825. • e s a e e e e s e s e s e e s - e. e. e. e. e o 'º' s e 3412 • tº tº º 1826. . . . . . . . . . . . . . . . . . . . . . . . . . 3416 © tº e a 1827. . . . . . . . . . . . . . . . . . . . . . . . . . 34.17 e e a tº 1828. . . . . . . . . . . . . . . . . . . . . . . . . . 3340 tº e º 'º 1829. . . . . . . . . . . . . . . . . . . . . . . . . . 3341 • G tº 6 1830. . . . . . . . . . . . . . . . . . . . . . . . . . 3342. tº º º º 1831. . . . . . . . . . . . . . . . . . . . . . . . . . 3390 e e º 'º 1832. . . . . . . . . . . . . . . . . . . . . . . . . . 3418 © º e Q 1833. . . . . . . . . . . . . . . . . . . . . . .... 3419 e º e 1834. • * * * * * * * * * * * * * * * * * * * * * * * * 3420 e e º a 1835. . . . . . . . . . . . . . . . . . . . . . . . . . 3421 tº º tº e 1886. . . . . . . . . . . . . . . . . . . . . . . . . . 3422 ‘e e º e 1837. . . . . . . . . . . . . . . . . . . . . . . ... 3423 º e s e 1838. . . . . . . . . . . . . . . . . . . . . . . . . . 3424 •,• * * 1889. . . . . . . . . . . . . . . . . . . . . . .... 3425 © e º a 1840. . . . . . . . . . . e e s e e º 'º e - e. e. is e e s a 3426 tº º 'º - 1841. . . . . . . . . . . . . . . . . . . . . . . . . . 3427 © e º 'º 1842. . . . . . . . . . . . . . . . . . . . . . . . . . 3428 e e o º 1843. • - - - - - - - - - - - - - - - - - - - - - - - - 3429 º º g e 1844. . . . . . . . . . . . . . . . . . . . . . . . . . 3430 e - e. e. 1845. . . . . . . . . . . . . . . . . . . . . . . . . . 34.32 e e º e 1846. . . . . . . . . . . . . . . . . . . . . . . . . . 3433 e e is e 1847. es e º e e s e e º e º e º e º 'º - º e º e º º 3434 tº e º e 1848. . . . . . . . . . . . . . . . . . . . . . . . . . . 3435 º e º ſº 1849. . . . . . . . . . . . . . . . . . . . . . . . . . 3436 e e º 'º 1850. . . . . . . . . . . . . . . . . . . . . . . . . . 3437 . . . . 1851. . . . . . . . . . . . . . . . . . . . . . . . . . 3438 dº º tº º 1852. Amended . . . . . . . . . . . . . . 3439 • * * * * 1853. Superseded . . . . . . . . . . . . * - - - 512 1854. . . . . . . . . . . . . . . . . . . . . . . . . . 3442 ... • * * 1855. . . . . . . . . . . . . . . . . . . . . . . . . . 3443 © tº e - 1856. . . . . . . . . . . . . . . . . . . . . . . . . . 3444 & ſº e - 1857. . . . . . . . . . e e e s - e º ºs e e e e º . e. e. e. 3446 © tº e - 1858. . . . . . . . . . . . . . . . . . . . . . . . . . 3447 & º . ~ 1859. . . . . . . . . . . . . . . . . . . . . . . . . . 3448 e e º 1860. Amended . . . . . . . . . . . . . . 3449 • - - 1861. Repealed . . . . . . . . . . . . . . . tº º - - 512 1862. . . . . . . . . . . . . . . . . . . . . . . . . . 3452. . . . . . 1863. . . . . . . . . . . . . . . . . . . . . . . . . . 3453 1864. . . . . . . . . . . . . . . . . . . . . . . . . . 3454 1865 • * > . . . . . . . . . . . * * * * * * * * * * * 3455 e is tº º 1866. Superseded . . . . . . . . . . . . gº is - e. 513 1867. . . . . . . . . . . . . . . . . . . . . . • 6 3456 tº e º e 1868. . . . . . . . . . . . . . . . . . . . . . . . . . 3457 1869. . . . . . . . . . . . . . . . . . . . . . . . . . 3459 . . . . 1870. . . . . . . . . . . & s e º e s tº e º e º º ... 3460 © tº de - - 1871. . . . . . . . . . . . . . . . . . . . . . . . . . 3461 e tº tº º 1872. . . . . . . . . . . . . . . . . . . . . . . . . . 3462 sº e º 'º 1873. . . . . . . . . . . . . . . . . . . . . . . . . . 3463 e e º 'º 1874 • * * * * * * * * * * * * * * * * * * * * * * * * 3464 e e º 'º 1875. . . . . . . . . . • B e. e - © & © tº e º 'º º ... 3465 e - C - 1875. . . . . . . . . . . . . . . . . . . . . . . . . . 10271 • e º a 1876. . . . . . . . . . . . . . . . . . . . . . . . . . 3466 e e º & 1877. . . . . . . . . . . . . . . . . . . * * * * * * * 3467 . . . . . 1878. . . . . . . . . . . . . . . . . . . . . . . . . . 3468 tº e º 'º 1879–1881. Superseded . . . . . . . . . . . 514 1882. . . . . . . . . . . . . . . . . . . . . . . . . . 3470 e 1883. . . . . . tº e i e s tº e º e e s e º 'º º e o 'º e 34.7i. © tº e - 1884 e e s e e º e e s e e e e s e e s e º ºs e e. e. e. e. 3473 e tº º 1885. . . . . . . . . . . . . . . . . . . © tº e o e º a 3474 © tº o 1886 • ... • * * * * * * * * * * * * * * * * * * * * * * 3475 e e º 'º' 1887. Superseded. . . . . . . . . . . . . • * * * 514 1888 • * * * * * * *... • * * * * * * * * * * * * * * * * 3477 - Yº e - 1889. Amended . . . . . . . . . . . . . . . 3478 • * * * 1890. . . . . . . . . . . . . . . . . . . . . . . . . . 3489 e s e e 1891 • * * * * * * * * * * * * * * * * * * * * * * * * 3522 - © tº º 1892 e e s tº e e º e o e o e e º e s a w © e º e º 'º g 3524 º, ºr tº º 1893. . . . . . . . . . . . . . . . . . . . . . . . . . 3525 © & e 1894. ..... & c. * * * * * * * * * * * * ſº tº e º 'º º º 3526 º e º 'º 1895. . . . . . . . . . . . . . . . . . . . . . . . . . 3527 tº e º e 1896–1954. Superseded ...... . . . . . . 519 1955. Repealed ....... tº º e o 'º - e. e e s - 519 1956. Amended ................ 8850 e e - e." 1957. . . . . . . . . . . . . . . . . . . e G s s e e . 8851 e e'e º 1958. . . . . . . . . . . . . . . . . . . . . . . . . . 8852 ... . "1959. Amended .......... tº e e 8853 e e g tº 1960. Amended ............ ... 8854 e ſº º 1961. Amended ............... 8855 © e º 'º 1962–1972. Repealed .... e s - - - 1440 1978. . . . . . . . . . . . . . . . . . . . . . . . . . * 8861 tº º e & 1974. . . . . . . . . . . . . . . . . . . . . . . . . . 8862 © e º 'º 1975. .* * * * * * * * * * * * * * e º e º e e º 'º e 8863 tº G tº e 1976. * * * * * * * * * * * e s = e s a & & e º - e. e. 8864 e e s e 1977. . . . . . . . . . . . . . . . . . . . . . . . . . 3925 6 & © tº 1978 • * * * * * * * * * * * * * * * * * * * e s e a e 3931 • - - - 1979 • * * * e e s e e o e s e e a e e • ‘e e º 'º º e 3932 • * * * 1980. * * * * * * * * * * * * * * * * * * s s e e : 3933 .... 1981. . . . . . . . . . . . . . . . . . . . ...... 3934 e sº gº e 1982. . . . . . * * * * * * * * * * * * * e o e. e. e. e. e. 3935 © e º e 1988. . . . . . . . . . . . . . . . . . . . . . . . . . 3936 tº e º s 1984. . . . . . . . . . . . . . . . . . . tº is e e º e e 3937 tº we ſe ve 1985. . . . . . . . . . . . . . . . . . ........ 3938 .... 1986. . . . . . . . . . . . . . . . - - - - - - - - * 3940 tº º ſº tº - 1987. * > * * * * * * * * * * * *• - - - - - - - ... 3941 e e s e . 1988. . . . . . . . . . . . . . . . . . . . . . . . . . • - - - IPage 1807] - This - Rev. St. Compilation | Rev. St. Sec. Sec. Page | Sec. 1989 • * * * * * * * * * * * * * * * * * * * * * * * * 3943 tº tº º º 2122. * & © º e º 'º e º e º ºs e g º e • * g e º e e 1990. e e º te tº e º e o ºs e e s e e º e º 'º - º & tº 3944 .e. e. e. e. 2123. * * * > e º e º e s a e º e tº e º e o 'º e e 1991 & & © tº tº e º 'º e e g º e º g e º ºs e e - © e > 3945 e e º e 2124. * * tº e º 'º - e. e. e. e. e. e. e. e. a s a * * * * * * * 1992. . . . . . . . . . . . . . . . . . . . . . . ... 8946 . . . . . 2125. . . . . . . . . . . . . . . © e s is º º e º 'º - e. 1993. . . . . . . . . . . . . . . . . . . . . . . . . . 3947 .... 2126. * * * * * * * * * * * * * * . e. e. e. e. e. e. e. e. e 1994. . . . . . . . © e º e º e • gº º e º 'º e º 'º º e . 3948 . . . . . 2127. . . . . . . . . . . . . . . . . . . . . . . . . º 1995. . . . . . . . . . . . . . . . . . e is e - © e º & 3949 .... 2128-2131. Superseded ....... 1996. . . . . . . . . . . . tº tº e e º 'º e º ſº tº º º ºs tº 3952 .... * * * * * * * * * * * * * * * * * * * * * * e º e e 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 3953 . . . . . 2183. Amended ............... 1998. Amended ............... 3954 .... 2134. . . . . . . . . . . . . * * * * * * * * g e e s e 1999. . . . . . . . . . . . . . . . . . . . . . . . . . 3955 . . . . . 2185. . . . . . . . . . . . . . ............ 2000. . . . . . . . . . . . . . e e º º º e º e º e g º . 3956 . . . . . 2136. . . . . . . . . . . . . . . . . . . . . . . . . . 2001. . . . . . . . . . . . . . . . . . . . . . . . 8957 . . . . . 2137. . . . . . . . . . . . . . . . . . . . . aſ is a e e 2002. Repealed ...... © e º 'º º º ſº tº o - - © tº 600 2138. . . . . . . . . . . . . . . . . . . . . . . . . . 2008. . . . . . . . . . . . . . . . . . . * * * * * - e. . 3965 . . . . . 2139. Amended .............. 2004. . . . . . . . . . . . . . . . . . . . . . . . . . 8966 . . . . . .2140. . . . . . . . . . . . . . . . . . . . . . . . . . 2005–2031. Repealed .......... e - - - 600 2141. © tº e º 'º e º e º e e e g º ºs e º a e s tº e º e 2032. . . . . . . . . • . . . . . . . . . tº e - e. e. e. e. 3967 . . . . . 2142. . . . . . . . . . . . . . . . . . . . . . . . . . 2033. . . . . . . . . . . . . . . . . . . . . . . . . . 3968 . . . . . 2143. . . . . . . . . . . . . . . . . . . . . . . . . . 2034. Obsolete ....... © e º e º e º 'º e • * > 601 || 2144. . . . . . . . . . . . . . . . . . . . . . . . . . 2035. Repealed ............... © tº e 601 | 2145. . . . . . . . . . . . . . © & tº e º & 6 e º ºs e e 2036. Superseded ............ e - tº e 601 || 2146. Amended ....... tº e º e º 'º e 2037. . . . . . . . . . . . . . . . . . . & ſº e º 'º e e 3973 .... l 2147. . . . . . . . . . . . . . . . . . . © & © e º e e 2038. . . . . . . . . . . . . . . . . . . . . . . . . . 3974 ... 2148. . . . . . . . . . . . . . . . . . . . . . . . . . 2039. . . . . . . . * * * * * * * * * * * . . . . . . . . 3980 ... 2149. . . . . . . . . . . . . . . . . . . . . . . . . . 2040-2041. Superseded ....... - - - e. 602 || 2150. * * * * ~ e s e e s e e º 'º e s e o e e º ºs e e 2042. . . . . . . . . . . . . . . . . . . . . . . . . . 8988 . . . . . 2151. . . . . . . . . . . . . . . . . . . . . * * * - e. 2043. . . . . . . . . . . . . . . . . . . . . . . . . . 3984 ... 2152. . . . . . . . . . . . . . . . . . . . . . tº º e 2044. . . . . . . . . . . . . . tº º is º º ſº e º & e º e 3988 .... 2153. . . . . . . . . . . . . . . . . . . . . . . . . . 2045. . . . . . . . . . . . . . . . . . . . . . . . . . 8989 .... 2154. . . . . . . . . . . . . . . . . . . . © e e e e 2046-2051. Obsolete .......... . . . . 603 | 2155. . . . . . . . . . . . . . . . . . . . . . . . e 2052. . . . . . . . . . . . . . . . . . . . . . . . . . 3991 . . . . 2156. . . . . . . . . . . . . . . . . . . . . . . . & 2053. . . . . . . . . . . . . . . . . . . . . . . . . . 3992 ... . . 2157. . . . . . . . . . . . . . . . . . . . . . . . . . 2054. Obsolete ............... * - sº º 604 || 2158. . . . . . . . . * * * e º e º e º 'º © & e º e º e 2055. Amended .......... .... 3995 ... 2159. . . . . . . . . . . . . . . . . . . . . . . . . . 2056. Amended .......... .... 3998 .... 2160. . . . . . . . . . . . . . . . . . . . . . . . . . 2057. . . . . . . . . . . . . tº tº tº sº e s tº & e º e º 'º 3999 ... I ?181: . . . . . . . . . . . . . . . . . . . . . . . . . 2058. . . . . . . . . . . . . . . . . . . . . . . . . . 4000 .... 2152. . . . . . . . . . . . . . . © a e s sº e e g º e e 2059. . . . . . . . . . . . . . . . . . . . . . e 4003 ... 2163. • * e º 'º e s ∈ e - e. e. e. e. e. e. e. © º ºs e s - e. 2060. . . . . . . . . . . . . . . . . . . . . . . . . . 4005 ... . . 2164. . . . . . . . . . . . . . . . . . . . tº e º e 2061. . . . . . . . . . . . . • * * * * * * * ... ... 4006 . . . . . 2165-2168. Repealed ....... & © 2062. Superseded ............. - - - e. 604 |2169. Amended .......... e G. e. e. 2063. . . . . . . . . . . . . . . . . . . . . . ... . 4008 ... 2170. . . . . . . . . . . . . . . . . . . ....... 2064. * * * * * * * * * is e º e º e s e a e tº e º s e e 4009 tº e º s 2171. Repealed * * * ~ * * * : * ~ * • e º e 2005. . . . . . . . . . . . . . . . . . . . . . . . . . 4011 .... 2172. . . . . . . . . . . . . . . . . tº ſº tº ſº e º º & Gº 2066. • . . . . . . . . . . . . . . . . e e - e. e. e. e. e. 4012 .... 2173. Repealed .............. 2007. . . . . . . . . . . . . . . . . . . . . . . . . . 4013 ... 2.174. Repealed ............ e 2068. . . . . . . • * * * * * * * * * * * & e º 'º e º e 4014 2175–2206. Superseded ....... e 2069. * * * * * * * * * * * * * * * * * * * & © tº dº e e 4015 tº - tº º • - - - - - - - - - - - - - - - - - - - - - - - - e. 2070. Repealed .............. . . . . 605 || 2208. Superseded ............ 2071. . . . . . . . . . . . . . . . . . . . . . . . . . 4161 2209. . . . . . . . . . . . . . . . . . . e e º 2072. . . . . . . . . . . . . . . . . • e º 'º e º ºs e e 4016 ..... 2210. . . . . . . . . . . . . . . . .......... 2073. Amended ............... 4017 .... 2211. . . . . . . . . . . . . . . . . . . * - e s º e e 2074. . . . . . . . . . . . . . . . . . . . . . . . . . 4018 .... 2212. . . . . . . . . . . . . . . . . . . . tº ſº tº ſº e e 2075. . . . . . . . . . . . . . . . . . . . . . . . . . 4019 .... I 2318. . . . . . . . . . . . . . . . . . . . . . . . tº e 2076. . . . . . . . . . . . . . . . . . . . . . ... . 4022 .... I 2314. . . . . . . . . . . . . . . . . . . . tº tº º º º 2077. . . . . . . . . . . . . . . . . . . . . . . . . . . 4023 .... 2215. . . . . . . . . . . . . . . . . . . . . . . e - e. 2078. . . . . . . . . . . . . . . . . . . ....... 4026 .... 2216. . . . . . . . . . . . . . . . . . . . * * * * * * 2079. . . . . . . . . . . . . . . . . . . . . . . . . . 4034 .... 2217. • * * * * * * * * * * * e s e a e e s e e 2080. . . . . . . . . . . . . . . . . . . . . . . . . . 4035 .... 2218. . . . . . . . . . . . . . . . . . . . . . . . . . 2081. . . . . . . . . . . . . . . . . . . . . . . . . . 4036 .... I 2319. . . . . . . . . . . . . . . . . . . . . . . . . . 2082. . . . . . . . . . . . . . . . . . . . . . . . . . 4037 .... 2220. . . . . . . . . . . . . . . . . . . ....... 2083. . . . . . . . . . . . . . . . . . . . . . . . . . 4038 * > 2221. . . . . . . . . . . . . . . . . . . . . . . . e e 2084. . . . . . . . . . . . . . . . . . . º º e º 4039 .... 2222. . . . . . . . . . . . . . . . . . . . . . . . - © 2085. . . . . . . . . . . . . . . . . . . . . ..... 4045 .... 2223. . . . . . . . . . . . . . . . . . * @ 6 tº e º e e 2086. . . . . . . . . . . . . . . . . . . . . . . . . . 4053 .... 2234. . . . . . . . . . . . . . . . . . . . . . . . . . 2087. . . . . . . . . . . . . . . . . e” ſº tº 6 e º e º & 4056 .... 2225. . . . . . . . . . . . . . . . * s a e º e º e º e 2088. . . . . . . . . . . . . . . . . . . . . . . . . . 4057 .... 2226. . . . . . . . . . . . . . . . . . . . e e s - e. e. 2089. . . . . . . . . . . . . . . . . . . . . . . . . . 4058 . 2227. . . . . . . . . . . . . . . . . . . & © tº s a e e 2090. . . . . . . . . . . . . . . . . . . . . . . . . . 4060 .... 2228. . . . . . . . . . . . . . . . .......... 2091. Repealed . . . . . . . . . . . . . . .... 609 | ????. . . . . . . . . . . . . . . . .......... 2092. . . . . . . . . . . . . . . . . . . . • - - - - - 4067 .... 2230. . . . . . . . . . . . . . . . . . ........ 2093. . . . . . . . . . . . . . . . . . . tº e º e g º e 4069 .... 2231. . . . . . . . . . . . . . . . . . . • * * * * * * 2094. . . . . . . . . . . . . . . . . . . . . . . . . . 4070 .... 2232. . . . . . . . . . . . . & 6 & © tº ſº e º e º e º 2095. . . . . . . . . . . . . . . . . . . . . . . . . . 4073 .... 2233. . . . . . . . . . . . . . . * * * * * * * * * * 2096. . . . . . . . . . . . . . . . . . . tº tº e º e s e 4074 . 2234. Amended ........... 2097. . . . . . . . . . . . . . . . . . . . . . . ... 4081 .... 2235. . . . . . . . . . . . . . • * > e e º 'º e e e s e 2098. . . . . . . . . . . . . . . . . . . . . . . . . . 4082 " .... 2236. . . . . . . . . . . . . . . 6 * * * * * * * tº e º ºs 2099. Superseded ......... tº e º s - e. e. 620 2287. . . . . . . . . . . . . . . . . . . tº e º e s e º 2100. . . . . . . . . . . . . . . . . . . ....... 4083 .... 2288. + 2101. . . . . . . . . . . . • * * * * * . . . . . . . . 4085 .... SubSec. 6. Amended ..... 2102. Superseded ... . . . . . . . . . . . . . 611 SubSec. 8. Superseded in 2103. . . . . . . . . . . . . • ‘º e º e º e º e . . . . 4087 . . . . paſt. . . . . . . . .s e º e s e a e e s e © e 2104. . . . . . . . . . . . . . . . . . . . . . . . . . 4088 tº tº º SubSec. 10. Amended .... 2105. . . . . . . . . . . . . • * * * *e e © e - e. 4089 2239. . . . . . • * * * * * * * * * * * * • * e e º e e 2106. ......................... 4090 .... 2240 • * * * * * * * * * * s e e s e. e.e. a s e. e. e. & 2107. Superseded ...... tº a e e e e e o e s = 612 2241. . . . . . . . . . . . . . . . . . . . . . . . . e 2108. . . . . . . . . . . . tº & © º e e e tº º e º e s - 4092 ... 2242. . . . . . . . . . . . . . . . . . . . . º, s e º º 2109. . . . . . . . . . . . . . . . . . . . . . . . . . 4093 .... 2243. . . . . . . . . . . . . . . . . . . . . . tº ſº º º 2110 • * * * * * * * * c e º 'º e º e º e tº º e º e s e 4094 2244. e & © & e = e º e e • e s tº º º e º & tº e e s e e 2111 tº e º e º 'º e º e º ſº tº e º e º e e © º 'º tº e º º 4095 © 22:45. © & © tº tº e º e º e º e º 'º e s e º ſº e * e º e 2112. . . . . . . . . . . . . e e e º e e . . . . . . . 4096 .... 2246. . . . . . . . . . . . . . e - e º e - e. • e º e G 2113. . . . . . . . . º e g º , o e º 'º e º e º 'º - e. e. . 4097 .... 2247. . . . . . . . . . . tº e º 'º tº º gº ſº tº º e º e º º 2114. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4098 .... 2248. . . . . . tº sº e s tº e º e e º is e e º ºs. e. e. e. e. e. 2115. . . . . . . . . . . . . . . . . . . . . . . . . . 4099 .... 2249. . . . . . . . . . . . . . . . . . . . * * * * * * 2116. . . . . . . . . . . . . . . . . . . . . . . . . . 4100 . . . . . 2250. . . . . . . . . . . . . . . . . . . . . . . . . . 21 17. • e e s a e e º 'º e s e º 'º e s e º e º s • e s a 4107 tº e º 'º 2251. a * * * * * * * * > d e º e º e º e º 'º a s s a e 2118. • * * * * * * * * * * * * * * * * * * * * * * * * 4108 • * * * 2252. . . . . . e - e. e. e. e. e. e. e. e. e. • * * * * * * * * 2119. . . . . . . . . . . . . . . . . . . . . . . . . . .4109 .... 2253. ........ tº º & © tº fº e º & º º sº e º e º e 21.20. e º ſº e º gº e e e s s a e e s a s = e º e º is s * 4110 • - - - 2254. e - - e. e. g. • * * * * * e o e sº tº e e 2.121. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4111 * @ B e. e. 2255. e' o * * * * * * * e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. This Compilation Sec. Page 4112 e e º e 4113. tº e º º 41.16 • * * * 4117 o e s e 4118 e e º e 4120 tº e º 'º - tº - - 616 4129 tº º ſº tº 4130 & º e - 4131 º º e G 4132 º, e e > 4134 tº e º ºs 4135 dº º tº e 4136. tº º gº - 4136a .... 4.141 e e s e 4144 © e º 'º 4145 © º e - 4.146 gº º º º 4147 tº e s - 4148 © º º e 4149. e - e. e. 4150 tº e º e 4151 e - e. e. 4152 e e º - 4153 e e º e 4454 • Q & e 4155 & © Q & . 4156 º e º 'o 4157 © e º º 4158 º e g tº 4159 . . . . . 4160 . . . . . 4342 * * e - 4343 e e º e 4344 º' tº e º T 4345 - e º 'º 4346 e - e g 4847 e tº sº º 4241 o e º 'º & © e - 657 4358 - & e - 4360 © e º 'º' - G = - 657 4367 º e º º • - - - 658 tº e º o 657 & © e º 662 4435 • *, * * • * * * 670 4439 tº 0 . o º 4440 - e º º 4441 • * g e 4445 • - - - 4446 - e º e 4447 © º º º 4448 © e º 'º 4449 tº e º 'º 4450 • * * * 4451 • * • e 4452 tº e º & 4453 © tº tº º 4454 & © e - 4456 © tº ſº º 4457 tº e º º 4458 © tº e G 4459 • - - - 4460 tº G & ºv 4461 © º gº º 4463 © º e G 4464 © tº gº º 4465 • e º º 4466 tº e º º 4467 .... 4468 • * > g. 4469 © & © º 4470 • * * * 4471 • * * * 4472 © .e. e. e. 4473 • . . . 4473 e - e. e. 4473 tº º ºs tº 4475 ---- 4476 e e s e 4477 tº º e s 4482 © º e e 4483 • * * * 4484 e e o e 4485 tº º ſº tº 4494 © & e-e 4495 © tº e tº 4504 © & 9 & 4505 © e º ſº 4507 • * * * 4508 .... 4509 - © e. e. 4510 . . . . . 4511 * & & e 4512 tº e º º TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. 2256. Superseded e e º e o e e º e º 'º e 2257–2274. Repealed ..... e e s tº 2275. Amended . . . . . . . . . e e º 'º e 2276. Amended ....... * * * * * tº º 2277–2285. Repealed ...... e G & 2286. . . . . . . . . . . . . . .• * * * * * * * * * * * 2287. Repealed . . . . . . . . . . . . • • 2288. Amended . . . . . . . . . . . . . tº 2289. Amended . . . . . . . . . . . 2290. Amended . . . . . . . . . . . . . . 2291. Amended . . . . . . . . . . . . . . 2292. . . . . . . . . . . . • e º e º e e s e e s e e & 2293. . . . . . . . . . . . . . . . . . . . . . . . e - 2294. Amended . . . . . . . . . . . . . º 2295. . . . . . . . . . . . . . . . . . . . . . . . . . 2296. . . . . . . . . . . . . . . . . . e e º e º 'º & © 2297. Amended . . . . . . . . . . . . © tº 2298. . . . . . . . . . . . . . . . . . . . º, º e o 'º e 2299. Superseded ............ 2300. . . . . . - e. e. e º e º 'º e º 'º e º tº g g tº tº º e - 2301. Amended . . . . . . . . . . . 4 • e 2802. . . . . . . . . . . . . . . . . . . . . . . . . . 2303. Repealed . . . . . . . . . . . . . tº gº 2304. Amended • * * * * * * * * * * * * * 2305. Amended . . . . . . . . . . . . . . 2306 e e e s e e s e e o v e º 'º º e a e s e º e * @ e 2307. . . . . . tº e e - e. e. e. e. e. a s e º e g is e e º 'º' 2308. . . . . . e is e º e e s e e e s a tº a e e e s e e 2309. . . . . . . . . . . . . . . . . . . . . . . . . . 2310 e g º a & e e º º º e e º e e º e e º e s tº º e 2311. . . . . . . . . . . . * * * * * e º e º e º e º º 2312. . . . . . . . . . . . . . . . . . . . . . . . . © 2313–2316. Obsolete . . . . . . . . . . 2317. Superseded . . . . . . . . . . . . . 2318. . . . . . . . . . . . . . . . . . . . . . . . . . 2319. . . . . . . . . . . . . . . . . . . . . . . . . . 2320. a e e s a s = e e s a e e º e e s e s e s e º e 2321 e e e e e s a e e º e º 'º w a e e s is s a e º o e 2322. . . . . . . . . . . . . . . . . . . . . . . . . . . 2323. . . . . . . . . . . . . . . . . . . . . . . . . ſº 2324. Amended . . . . . . . . . . . . . . 2325. Amended . . . . . . . . . . . e a e 2326. . . . . . . . . . . . . . . . . . . . . . . . . . 2327. Amended. . . . . . . . . . . . . . . 2328. . . . . . . . . . . . . . . . . . . . . . . . . . 2329. . . . . . . . . . . . . . . . . . . . . . . . . . 2330. . . . . . . . . . . . . . . . . . . . . . . . . . 2331. . . . . . . . . . . . . . . . . . . . . . . . . . 2832. . . . . . . . . . . . . . . . . . . . . . . . . . 2333. e e º e º e º e s e - e º e º e s s e e º º o © 2334. . . . . . . . . . . . . . . . . . . . . . . . . 2835. . . . . . . . . . . . . . . . . . . . . . . . * - 2336. . . . . . . c s m e s - e º e s e e e s a º e s e 2337. • * * * * * - - - - - - - - - " e e º is e º 'º º º 338. . . . . . . . . . . . . . . . . . . . . . . . tº º 2839. . . . . . . . . . . . . . . . . . . . . . . . . © 2340. . . . . . . . . . . . . . . . . . . . . . . . . º 2841. . . . . . . . . . . . . . . . . . . . . . . . . . 2342. e e s e e e s e s e e s e = * * * e s e s e e s 2343. e e e e s is a s e s e º e º e s e e s e º e º a 2844. . . . . . . . . . . . . . . . . . . . . . . . . . 2345. © e º s e º e s tº • * * * * * * * e e º 'º e < * 2346. . . . . . . . . . . . . . . . . . . . . . . . . © 2347. . . . . . . . . . . . . . . . . . . . . . . . . . 2348. . . . . . . . . . . . . . . . . . . . . . . . . . 2349. . . . . . . . . . . . . . . . . . . . . . . . . . 2350. . . . . . . . . . . . . . . . . . . . . . . . . . 2351. . . . . . . . . . . . . . . . . . . . . . . . . . 2352. . . . . . . . . . . . . . . . . . . . . . . . . . 2353. . . . . . . . . . . . . . . . . . . . . . . . . . 2354. . . . . . . . . . . . . . . . . . . . . . . . © e 2355. . . . . . . . . . . . . . . . . . . . . . . . e - 2356. . . . . . . . . . . . . . . . . . . . . . . . . º 2357. . . . . . . . . . . . . . . . . . . . . . . . . • 2358. . . . . . . . . . . . . . . . . . . . . . tº e - © 2359. . . . . . . . . . . . . . . . . . . . . . tº e e - 2360. . . . . . . . . . . . . . . . . . . . . . tº e º 'º 2361. . . . . . . . . . . . . . . . . . . . . . . . . . 2362. . . . . . . . . . . . . . . . . . . . . . . . . . 2363. . . . . . . . . . . . . . . . . . . . . . . . . 2364. s e s e e º e º e º 'º e s s e e s e º 'º e e 2365. . . . . . . . . . . . . . . . . . . . . . . . . º 2366. . . . . . . . . . . . . . . . . . . . . e e º e - 2367. Superseded . . . . . . . . . . . . 2368. . . . . . . . . . . . . . . * . e. e. e. g. e. e. e º 'º º 2369. e e º e e º e º 'º - * * * * * * * * e º & e Gº Gº º 2370. e & e e º e º ºs e e º 'º e º 'º e º e e º & e tº a ge 2371. . . . . . . . . . . . . . . . . . . . . . tº e º e 2372. Amended . . . . . . . . . . . . . . 2373. e g : e. e º e s - e - • - - - - - - - - - - - - - - 2374. . . . . . . . . . . . . . . . . . . e sº tº e º O & 2375. e e s - e s a s = e º 'º - e = * * tº º º e - © e 2376. e e º e º e º º e º e º ºs º ºs e º 'º e > * tº º © 2377. . . . . . . . . . . • 4 m s tº e s e e º e º 'º º & 2378. . . . . . . . . . . . . . . . . . . . . . . . . . 2379. & e e º e s is a s a tº a • * : * c s e e e e º 'º - 2380. . . . . . . . . . . . . . . . . . . . . . . tº e - 2381. . . . . . . . . . . . • e s e e s e e s e º e e - 2382. & e º a e s is sº * * * * * * * e s s s a º * * > * This Compilation Sec. Page & e º 676 e, e º e 679 4860 & e º e 4861 • * * > . . . . . 679 4869 . . . . © tº $ & 679 4535 * * g e 4530 e tº e e 4531 © e º º 4532 e - e. e. 4543 g º 0 ° 4545 e tº º tº 4546 e tº e e 4550 gº ºn tº º 4551 e e º º 4552 e 4557 • & e e • * ~ * 691 4588 e e º e 4589 4591 . . . . e - 8 tº 691 4592 * tº º º 4593 e e º a 4594 e ‘o º e 4602 e G & e 4603 e e e e 4605 e ‘º e º 4606 e - e de 4607 © Q ſº tº 3950 tº ſº e <> * * * * 694 • * * * 694 4613 is e e 4614 tº º 4615 tº º e 4616 • e e 4618 tº º e 4619 ... 4620 Q & e 4622 e e e 4623 e tº tº 4626 e - e. 4627 e º e 4628 tº º e 46.29 tº g tº 4630 º tº o 4631 tº º e 4632 tº º 4642 e e 4643 ge e º 'º 4644 tº e º 'º 4645 tº e º º 4646 e - tº º 4647 9 tº º & 4648 & © tº 6 4649 e e º º 4650 g & E & 4651 & e s a 4652 º 4653 * * * 4658 & e 4659 to tº o 4660 tº º o 4661 © tº 4662 e º º 4663 e e 4664 • is a e 4751 tº º e º 4754 e e º & 4755 tº gº º e 4756 e - e º 'º 4757 e tº e - 4766 e - e - 4767 e º 'º e 4769 e 4770 & 4771 e dº º º 4772 © º e º 4773 e g º a 4774 e tº e o 4775 e is e º . . . . . 725 4776 º 4777 e º 'º a 4778 © tº & © 4779 tº dº e e 4780 tº gº º º 10226 tº e s - 478.1 e e º & 4782 tº dº ſº o 4783 © tº º ſº 4873 tº º ſº º 4874 tº e º e 4875 & & © e 4784 tº e º ºs 4785 & © º e 4786 tº e º a 4787 tº e º 'º [Page. 1808.] Rev. St. Sec. 2384. • e º 'º e e º e e e s e e e s e e s e º 'º º e - e. 2885. . . . . . . . . . . . . . . . . . . . . . . . . . 2386. tº e º e º e º e... • e s e s e s e e e º e º 'º e º 'º 2387. tº e s e a e e s e º e e º 'º e e e º e º sº s e - © 2888. . . . . . . . . . . . . . e e s e º e e a * * * © 2889. . . . . . . . . . . . . . . . . . . . . . . . . º 2390. Temporary ........... º 2391. . . . . . . . . . . . . . . . . . . . . . . . . º 2392. . . . . . . . . . . . . . . . . . . . . . . . . . 2393. e e g º & e º e - e - © tº º e s tº e º e º e º e e 2894. . . . . . . . . . . . . . . . . . . . . . . . . - 2395. . . . . . . . . . . . . . . . . . . . . . . . e - 2396. . . . . . . . . . . . . . . . . . . . . . . . e e 2397. . . . . . . . . . . . . . . . . . . . . . . . • * 2398. . . . . . . . . . . . . . . . . . . . . . tº e º º 2399. Amended . . . . . . . . tº e º ſº ſº º 2400. Amended . . . . . . . . . . . . . e 2401. Amended . . . . . . . . . . . . . . 2402. . . . . . . . . . . . . . . . . . . . . . . e - © 2403. Amended ............ • * 2404. & s e e º 'º - e º e º e e s tº º e s tº * * e • * 2405. . . . . . . . • * * * * e º e º is e g tº e tº ºn tº & 2406. e g & © º 'º tº , º, ºr e º 'º º e © e º º ºs e º e º 'º º 2407. * tº e º e º e º 'º - º te e º 'º º e º 'º & © © tº tº º 2408. . . . . . . . . . . . . . . . . . . . . . • e º 'º' 2409. . . . . . . . . . . . . . . . . . . . . . . . . e 2410. . . . . . . . . . . . . . . . . . . . . . . . . . 2411. . . . . . . . . . . . . . . . . . . . . . . . . . 2412. . . . . . . . . . - e º e º e º e º e º e º e - e 2413. . . . . . . . . . . . . . . . . . . . . . . . . . 2414. . . . . . . . . . . . . . . . . . . . . . . . . . 2415. . . . . . . . . . . . . . . . . . . . . . . . . . 2416. . . . . . . . . . * c e º e º e º ºs e º e s 6 - º 2417. . . . . . . . . . . . . . . . . . . . . . . . . . 2418. . . . . . . . . . . . . . . . . . . . . . . . . . 2419. . . . . . . . . . . . . . . . . . . . . . . . . e 2420. . . . . . . . . . . . . . . . . . . . . . . . . . 2421. . . . . . . . . . . . . . . . . . . . . . . . . º 2422. . . . . . . * & © tº º e º º e º º e * * * * * * * * , 2423. ge e º e º e º 'º - e º e º e º e º is tº * * © 2424. . . . . .Te a e º e º e s e º e s is a e º e tº e e 2425. . . . . . . . . . . . . . . . . . . e e º e º 'º e 2426. e e º e º e e º e ºs e - e. e. e º s sº e º e º ſº tº º 2427. . . . . . . . . . . . . . . . . . . . . . . . © e 2428. . . . . . . . . . . . . . . . . . . . . . . . . º 2429. . . . . . . . . . . . . . . . . . . . . . . . . º 2430. . . . . . . . . . . . . . . . . . . . . . . . © º 2431. . . . . . . . . . . . . . . . . . tº s º & © tº º º 2432. . . . . . . . . . . . . . . . . . . . . . . . . e 2433. . . . . . . . . . . . . . . . . . . . . . . . . e 2434. . . . . . . . e - e º 'º e º e e G tº e º & e º e - 2435: e s tº e º e º 'º e º e º e e º e s e º e º e º 'º e 2436. . . . . . . . . . . . . . . . . . . • e º e - - - 2437. . . . . . . . . . . . . . . . © e º º º º tº e º 'o 2438. . . . . . . . . . . . . . . . . . . . . . . . . e 2489. . . . . . . . . . . . . . . . . . . . . . . . . º 2440. . . . . . . . . . . . . . . . . . . . . . . . . . 2441. . . . . . . . . • e º 'º e s tº e º e º e º 'º e - º 2442. . . . . . . . . . . . . . . e e s e e º e - © - e 2443. . . . . . . . . . . . . . . . . . . . . . . . . º 2444. . . . . . . . . . . . . . . . . . . . . . . . . . 2445. & e & tº º º e º 'º º º e º ºs e º e º sº e º º e º 'º 2446. . . . . . . . . . . . . . . . . . . . . . . . . . 2447. . . . . . . . . . . . . . . . . . . . . . . . . . 2448. . . . . . . . . . . . . . . . . . . . . . . © - e. 2449. . . . . . . . . . . . . . . . . . . . . . . . . . 2450. Amended .............. 2451. Amended .............. 2452. Repealed . . . . . . . . . . . . . º 2458. . . . . . . . . . . . . . . . . . . . . . . . . º 2454. • . . . . . . . . . . . . . . . . • - - - - - - º 2455. Amended . . . . . . . . . . . . . º 2456. . . . . . . . . . . . . . . . . . . . . . . tº e e 2457. . . . . . . . . . . . . . . . . . . . . . . . . . 2458. e e º e º e e s a e º e s e º e is e e º e º 'º e º 2459. . . . . . . . . . . . . . . . . . . . . . . . . . 2460. . . . . . . . . . e e º e º is e s a e º e º e º sº e 2461. . . . . . . . . . . . . . . . . . . . . . . . . . 2462. . . . . . . . . . . . . . . . . . tº g º º ſº ºr º & 463. • * * * * * - - - - - - - - - - - e is e º e º 'º e 2464-2468. Repealed . . . . . . . . º 69. . . . . . . . . . . . . . . . . . . . . . . . . º 2470. . . . . . . . . . . . . . . . . . . . . . . . . . 2471. . . . . . . . . . . . . . . . . . . . . . . . . . . 2472. s e º 'º e º a e e s e e s e º sº e º e a e s a º e 2473. gº sº e tº tº e º e º 'º e º & tº gº tº & w e s e º º ſº tº 2474. . . . . . . . . . . . . . . . . . . . . . . . . . 2475. s ſº ſº e º e º e e e º e º 'º e º 'º e º is e & e - e. 2476 is g g º º e e - e a s e e s a e º e º sº • * * * 2477. e e º 'º e º 'º - - e - e a e e º sº e º ºs tº e - © O 2478. & e º e º e s e º sº e º º e e e º e º e º e º & º 2479. . . . . . . . . . . . e e s e e s e e s s • * * * 2480. . . . . . . . . e e º e e º e º is e © tº e - © tº e 2481. . . . . . . . . . . . . . . . . . . . . . . . . º 2482. e e e e s e e s e a s e e º e e = * * * * * * * e 2483. e e º 'º e o 'º e º e º º º tº e e º e º º º © tº º 2484. e - e s e º ºs e s e e s e e e e g º e s e e º 'º' e 2485. e e º e º e º 'º' e e e º e & sº e e s > * * * > * e 2486. e s is e º e s tº e º 'º e º e e Gº e º e º 'º e º 'º - 2487. e e º e s e e s e e º e º e o 'º e º e º e º 'º e - This This . Compilation | Rev. St. . . -- . Compilation Sec. Page | Sec. Sec. Page 4788 © e º 'º 2488. * * * * * * * * * * * c e s is e e e s e s e e º e 4964 e e º e 4789 ... . . 2489. Temporary ..... ..... . . . . . . 4790 . . . . . 2490. . . . . . . . . . ......... . . . . . . . . 4965 tº e. e. e. 4791 . . . . . 2491-2516. Superseded and re- • , 4792 e - © tº . . pealed . . . . . • . . . . . . . . 810 4793 ... . . 2517-2526. Superseded ....... .... 860 . . . . . 727 || 2527, subsec. 5.......... . . . . . . 5328 . . . . 4797 . . . . . 2528-2529. Superseded ....... .... 860 4798 . . . . . 2530. Amended ........... ... 5329 • . . . 4800 .... 2531-2537. Superseded ....... * c e e 860 4801 . . . . . 2538. . . . . . . . . . . . . . . . . . . . . . . . . . 5331 .... 4803 • . . . . 2689. . . . . . . . . . . . . . . . . . . . . . . . . . 5332 • e - - 4804 tº º 2540-2544. Superseded ..... e - e. e. e. e. 860 4805 . . . . . 2545. Amended .............. 5333 © tº e - 4806 . . . . . 2546-2567. Superseded ....... ºr e º º 860 4807 . . . . . 2568, Subsec. 1. . . . . . . . . . . . . . . 5334 & sº tº º 4808 . . . . . 2569–2575. Superseded ....... * * * * 861 481.1 tº e º e 76. . . . . . . . . . . . . . . . . . . . . . . . . . 5338 - - - - 4812 2577–2579. Superseded ...... • * * * 861 4814 • . . . . 2580. . . . . . . . . . . . . . . . . . . . . . . e - 5340 • * ~ * 4816 • . . . . 2581. . . . . . . . . . . . ... • - - - - - - - - - - - - 5341 tº , - e. e. 4817. . . . . . 2582–2587. Superseded ... . . . . . . . . 862 4818 . . . . . 2588. . . . . . . . . . . . . . . . . . . . . . . . . . 5343 * tº º º 4819 . . . . . 2589. * & © tº a tº e º & Q (- , º º 5344 4820 tº e º e 2590. • * * * * * * * * * * * * * * * * * * * * * © e <> 5345 e - © tº 4821 . . . . . 2591–2607. Superseded . . . . . . tº s s & 862 4822 . . . . . 2608. Repealed . . . . . . . . . . . e e e º e s º 862 4823 . . . . . 2609–2610. Superseded ....... e e s tº 862 10225 & © - e. e is a e º e s e º e e s s e e º e º e º e º 'º - ... 5355 • - - - , 482.5 • -- . 12612. . . . . . . . . . . . . . . . . . . . . . . . . . §356 4826 • . . . . 2613. . . . . . . . . . . . . . . . . . . . . . . . ... 5347 tº e - © 4827 tº º 2614. . . . . . . . . . . . . . . . . . . . . . . . ... 5348 © tº e ſº 4828 tº º 2615. . . . . . . . . . . . . . . . . . . . . . . . . . 5349 tº e - © 4829 tº e 2616. . . . . . . . . . . . . . . . . . . . . . . . . . 5350 e - © e 4830 e - 2617. . . . . . . . . . . . . . . . . . . . . . . . . . 5351 tº º e - 4831 “. . . 2618. . . . . . . . . . . . . . . . . . . . . . . . . . 5352 • * * * 4832 . . . . . 2619. Amended . . . . . . . . . ..... 5357 tº º 'º - 4833 • . . . . 2620. . . . . . . . . . . . . . . . . . . . . . . . . . 358 º e - e. 4834 . . . . . 2621. e tº e º e º e s a e º e s e º ºs e e dº º º tº º 5359 • *' e e 4835 . . 2622. . . . . . . . . . . . . . . . . . . . . . . . . . 5361 º, C , o º 483 . . . . . 2623. . . . . . . . . . . . . . . . . . . . . . . . . . 5362 to e - e. 4837 ... . . 2624. Superseded .......... e - e e s e 864 4838 . . . . . 2625. . . . . . . . . . . . . . . . . . . . . . . . . . 5363 tº e - e. 4839 .... 12626. ......................... 5364 . . . . 4840 . . . . . 2627. . . . . . . . . . . . . . . . . . . . . . . . ... 5365 © e º e 4841. *, 2628. . . . . . . . . . . . . . . . . . . . . . . . . . 5366 e - © e 4842 & 2629. . . . . . . © e º e º e º 'º me s e º a º e e . . . $367 © º 'º - 4843 2630. . . . . . . . . . . . . . . . . . . . . . . . . . 5368 . . . . 4844 º 2631. . . . . . . • * * * * * * e s s is s is a e s s s º 5370 tº º ºr e 4845 2632. e g º e º 'º • * * * * * * * * * * * * * * * e e > §371 © e º º 4846 . . . . . 2633. . . . . . . . . . . . . . . . . . . . . . . . . . 5372 * - - - 4847 2634. Superseded . . . . . . . . . . e - e s a e e 865 4848 ... . . 2685. . . . . . . . . . . . . . . . . . . . . . . . . . 5376 & 4849 ... . . 2636. . . . . . . . . . . . . tº tº gº º º tº º tº º tº ... 5377 © e º 'º 4850 .... 2637. . . . . . . . . . . . . . tº ſº tº tº ſº e º ſº tº º & 5378 • * * * 4851 - © e º tº 2688. * g º e e º a º e º s e º ſº e s tº e º e º 'º e º a B379 • * * * 4852 - © tº e 2639. Amended e e s tº e º ſº tº e o 'º 5380 e º 'º º 4853 .... 2640. . . . . . . . . . . . . . . . . . . . . . . . . . 5381 . 4854 ... . . 2641. . . . . . . . . . . . . . . . . . . . . . . . . . 5382 tº ºr e a 4855 ... . . 2642. Superseded . . . . . . . . . . . . e e º e 866 4856 ... . . 2643. . . . . . . . . . . . . . . . . . . . . . . . . . 5383 © e - e. 4857 ... . . 2644. . . . . . . . . . . . . . . . . . . . . . . ... 5384 & e º a 4858 .... 2645. . . . . . . . . . . . . . . . . . . . . . . . . . . 5385 tº º º º 5097 ... 2646. e e o e º e º e s m = n e e s º e s - e º 'º ... 5386 tº tº º & 5098 .... 2647. . . . . . . . . . . . . . . . . . . . . . . . . . 5387 . . . . 4870 ... . . 2648. . . . . . . . . . . . . . . . . . . . . . .... 5388 tº e º e 5106 2649. . . . . . . . . . . . . . . . . . . . . . . . . . 5389 tº - - - 5107 . . . . . 2650. Superseded . . . . . . . . . . . . . . . . . 867 • & e = 772 2651. . . . . . . . . . . . . . . . s • * * * * * * * * 5391 • * * ' s 5108 2652. . . . . . . . . . . . . . . . . . . . . . . . . . 5392 tº e º e 5109 ... . . 2653. , Superseded . . . . . . . . . . . © e º g tº 867 5110 ... . . 2654. . . . . . . . . . . . . . . . . . . . . . . . . . 5393 * * * * * 5111 ... . . 2655–2686. Superseded . . . . . . . . . . . 867 5112 ... . . 2687. . . . . . . . . . . . . . . . . . . . . . . ... 5394 - e. e. e. 4977 ... . . 2688–2726. Superseded . . . . . . . . . . . . 868 4978 ... 2727. Repealed . . . . . . . . . • e e e s e e s e 868 4979 ... . . 2728-2732. Superseded . . . . . . . º º 868 4980 . ... 2733–2746. Superseded ...... º º tº º 869 4981 ..... I 2747. . . . . . . . . . . . . . . . . . . . . . . 8459%b (1) © tº º º 4982 ... . . 2748. . . . . . . . . . . . . . . . . . . . . . . 8459%b (2) tº e º º e e s - e. 773 2749. . . . . . . . . . . . . . . . . . . . . . . 8459%b (3) .... 709 ... 2750. Superseded . . . . . . . . . . * * * * * * 1336 710 º 2751. ..................... .8459%b (4) * - e. e. 5117 ... . . 2752. . . . . . . . . . . . . . . . . . . . . . . 8459%b (16) * - - - 5118 .... 2753. Superseded . . . . . . . . . . . . .... 1337 5119 ... . . 2754. . . . . . . . . . . . . ... . . . . . .8459%b (37) tº e º 'º 5.188 tº º & © 2755. ............. . . . . . . . .8459%b (41) • e o a §189 tº gº 2756. .....................8459%b(42) e e º ºr 4918 . 2757. . . . . . . . . . . . . . . . . . . . . . 8459%b (44) . . . . 4919 º 2758. . . . . . . . . . . . . . . . . . . . . . 8459%b(45) tº e º 6. 5120 ..... 2759. . . . . . . . . . . . . . . . . . . . . . . 8459%b(48) © -> * * 4958 e 2760. . . . . . . . . . . . . . . . . . . . . . 8459%b(52) • * * * 4959 .. 2761. . . . . . . . . . . . . . . . . . . . . . 8459%b(53) º & © e 4960 © tº 2762. . . . . . . . . . . . . . . . . . . . . . 8459%b(54) tº tº e º 4961 e - 2763. . . . . . . ...............8459%b(55) º º º tº 4962 ... . . 2764. . . . . . . . . . . . . . . . . . . . . . 8459%b(57) tº e º e 4963 ... . . 2765. . . . . . . . . . . . . . . . . . . . . . 8459%b(58) 4878 ... . . 2766. . . . . . . . . . . . . . ... . . . . . . . . . 5462 e C & O : 4879 ... . . 2767. . . . . . . . . . . . . . . . . . . . . . . . . . 5463 - e - e. 4880 2768. . . . . . . . . . . . . . . . . . . ... . . . . . 5464 • * * * TABLE OF REVISED STATUTE SECTIONs Rev. St. Sec. 2769. * * * * * * * * c e s e e e e • * * * * e e s e a 2770. . . . . . . . . . . . . . . ........ tº a 2771 • * * * * * * * * * * * * * * * * * * * * * * * * 2772. * * * * * * * * * * * * * e s e e s e s e e s e º 2773. e e s e e is a e e e s e e e e & Q e º e • * 2774 e © * : * ~ * c e º s = e tº • * & O tº e dº 2775. . . . . . . . . . . . . . ............ 2776. Amended ........ * * * * e º 2777. . . . . . . . . . . . . . . . - e s & e e tº e º e 2778. & © & © tº e s is e º 'º e º a º * * * * * * g e & 2779. ....................... 0 0 2780. ..... * * * * * * * * e s e s e e º e * * * * 2781. . . . . . . ......... * e s e e º e s e e 2782. * * * * * * * * * * * * e º e s e º e s a e e * *783. ........................ º 2784. . . . . . . ................. tº º 2785. * * * * * * * * * * * : v e e s . e. e. e. e s e s • - - 2786. Superseded ...... • * is e º º 2787. Amended ............. e 2788. .......... .* e º e º e º e a * @ s º e e 2789. ................... * ..tº e º e 3790. ......................... *791. . . . . . . . . . ................ 2792. Amended ............ e & 2793 * * * * * * * * * * * * * * * * e e e • * e e º 'º * ......................... *793. ......................... *796. . . . . . . . . . ................ 2797. Amended .............. 2798. . . . . . . . . . . . . . ............ 2799 • * * * * * * * * * * * * * * * * * * * * * * * * 2800. ......................... 2801. . . . . . . . . . . . . . * * * * * * * * * e º ºr 280%. . . . . . . . . . . . . . . . . . . ....... 2803. Superseded ............ 2804. Amended .............. *805. . . . . . . . . . . . . . ............ 2806. . . . . . . . . . . . . ......... e e <> 2807. Amended .............. 2808. . . . . . . . . . . . . ......... & e º 'º 2809. . . . . . . . . . . . . . . ........... 2810. Amended .............. 2811. . . . . . . . . . . . . . . . . . . . . . . . . . 2812. . . . . . . . . . . . . . . . tº e º 'º'; e º a tº e e 2813 * * * * * * * * * * * * * * * * e º e s a s a e e 2814 • e = e º e s e e s s e a e e s e e e - e. e. e. e. e. 2815. . . . . . . . . . . . . . . . . . e s a • e s • e 2816-2831. Superseded ....... 2833. . . . . . . . . . . . . . . . . . . . . . . . . . 2834. Amended .............. 2835. Repealed .............. 2836. • e º e º a e a s e e º e e e º e e º e s s e e. e. ;º. Repealed ......... 2841. Repealed .............. 284%. . . . . . . . . . . . . . . . . . . . . . . . . . 2843. Repealed ........... © e e 2844. Amended ............... 2845. Repealed ....... • * * * * > e 2847-2848. Superseded ...... • 2850. Superseded ........... º 2851. Repealed............. tº º 2852. . . . . . . . . . . . . . . . . . . . . . . . tº º 2853–2854. Repealed ......... 2865. . . . . . . . . . . . . . . . e - © e º e e º e e 2856. Repealed .............. 2857. . . . . . . . . . . . . . . . . . . . . . . . . . 2858. Repealed .............. 2859. .......... e - e º ºs e º is e e º tº e e - 2860. Repealed .............. 2861. . . . . . . . . . . . . . . . . . . . . . . tº & © 2862. e e º e º 'º e º e e º º e s e • * * B e. e. e. g. tº º 2863. . . . . . . . . . . . . . . . . . . . . . . . e - 2864. Superseded ............ 2865. Amended .............. 2866. Repealed ............. e 2867. . . . . . . . . . . . . . . . . . . . . . . . . • 2868. . . . . . . . . . . . . . . . . . . . . . . . . . 2869. Amended ...... tº e º 'º e º 'º & 2870. . . . . . . . . . . . . . . . . . tº e º e º e e - 2871. Repealed ..... • * c e e º e º e 2872. Amended ......... • e e º º 2873. . . . . . . . . . . . . . . . . . . . . . . ... 2874. . . . . . . . . © e º 'º e º is © tº e º 'º - e. e. e. e. 2875. © º ſº o * * * * * * * * c e s s a e º e º e 2876. © tº 6 & © tº e º e º e º 'º tº e º e º g º e e s e e 2877. • * * * * * * * * * * * * * * * * * a s a e Q & 2878. . . . . . . . . . . . . . . . . . . . . . . . tº º 2879. © e º & tº a º a 4 tº * * • - - - - - - - - - - - - 2880. Amended . . . . . . . . . tº g g tº e 2881. Amended . . . . . . . . . . . . . . 2882. . . . . . . . . . . . . . . . . º º tº e o e º e & 2883 tº t e e e e e tº o © e © 2884. e e e º e º ºs e e s & tº e º e º 'º e º e º ºs e º e 2885. • * * * * * * * * * * • . . . . . . . . . . . . . 2886. & e º ºs e º e º 'º º & e - © e º 'º e & tº e º e - © Compsºis Tia This Compilation Sec. Page #5465 tº e º & 5466 e e º e 5467 © e o & 5468 tº e tº º 5469 & G e 2 5470 & © tº tº 54.71 e - © & 5472 • e o a 5473 e - e - 5474 tº º O & 5475 e e s tº 5476 • * * • * 5477 º e º 0. 5478 © º º º 5479 - tº 9 tº dº 5480 '• • * * 5481 e º º º * * * 872 5484 e e º 'º 5485 º 54.86 & 5487 • * * * 5488 © & © tº 5489 tº e º º 5490 & © - 4 5491 e e º e 5492 © º 'º - 5493 tº e º 'º 5494 • . . . 5495 • e o e 5496 e e º º 5497 º 5498 e 5499 e - is e e a g º 'º “ 873 5500 Q is © tº 5501. & & © tº 5503 o º º 5504 e' e º gº 5505 º e º º 5506 tº gº º º 5507 c 5508 tº e º 'º' 5509 O C --> 5510 e e º 'º 5511 e s e -, 5512 * @ e º • e - 875 5514 . . . . 5515 5516 tº ſº e & e is tº a 876 5517 . . . . . 5518 © e = - - * * - 876 5535 e e º 'º • 's - e. 879 5536 ..... e e º - 879 5537 s tº e - e e s - 879 5.538 tº $ tº º . . . . 880 5539 • * * : *- tº s e - 880 - - - - 880 5540 * * * * • . . . 880 5541 tº e e e º e - 880 5543 e a - c. . . . . 880 5544 tº º, e - a s e - 881 5545 o 5546 tº e º e 5547 tº e º e * e º º 881 5548 • * * * * u, s - 881 5555 . . . . 5556 e e º º 5557 tº º tº - 5558 * * * * . . . . 882 5563 tº & © - 5564 tº sº º º 5565 tº e º 'º 5566 © e º º 5567 tº e º º 5568 º º sº º 5569 tº º º e 5570 © tº º º 5572 * * g e 5573 tº e º e 5574 • * * * 5575 © C tº e 5576 * @ e e 5577 © tº gº tº 5578 © Q. C. e. [Page 1809] Rev. St. Sec. 2887. • * * * * * c e s e e g o e º 'º e e º e º e g g e 2888. * * * * * * * * * * e º e º ºs e o e. e. e. e. e. e. º 2889. º * * * * tº e º e º e º e º 'º a e s e º e e © tº 2890. * * * * * * * * * * e e s e s e e s e e o e e e º 2891. * * * * c → • e º e º e o e s & e e e e e e e e © 2892. • e º e º 'º e s a e e e º e s tº e tº e º tº 2898. . . . . . . . . . . tº g º e e º 'º & © e • * * * * 2894. . . . . . . . . . . . . . . . . . . tº o e º 'º 2895. Superseded ............ 2896. . . . . . . . . . . . . . . . . . e e º e º is e º 2897. Repealed .............. 2898. . . . . . . . . . . . tº º ſº e º 'º we e º e º e tº tº 2899. . . . . . . . . . . . . . . . . . . . . . . . . - 2900. Repealed .............. 2901. * * * * * * * * * * g e - e. e e º e s e º ºs e º e . 2902. Repealed ......... • e º e e 2903. . . . . . . . . . . . . . . . . . . ge º 'º - e. e. • 2994. . . . . . . . . . . . . . . . . . • e e º 'º e º º 2905. Repealed ......... tº e s e e 2906. . . . . . . . . . . . . . . . . . . . . & © e º e 2907. Repealed .............. 2908–2909. Repealed . . . . . . . . s 910. . . . . . . . . . . . . . . . . . . . . . . . . º 2011. . . . . . . . . . . . . . . . . . . . . . . . . © 2912. . . . . . . . . . . . . . . . . . . . . . . . . e 2913. . . . . . . . . . . . . . . . . . . . . . . . . e 2014. . . . . . . . . © e e º a c e º e º e º e e º e e 2915. . . . . . . . . . . . . . . . . . . . . . . . . e 2916. . . . . . . . . . . . . . . . . . . . . . . . . . 2917. tº e o e º 'º e & © e g tº e º 'º e & © e º º º tº gº º 2918. . . . . . . . . . . . . . . . . . . . . • * e e is 2.919. * tº e e º a tº & e e º e º e º ºs e e º & * @ tº e - 2920. . . . . . . . . . . . . . . . . . . . . . . . . . 2021. . . . . . . . . . . . . . . . . . . . . . . . . e 2922–2924. Repealed ......... o '925. . . . . . . . . . . . . . . . . . . . . . . . . . 2926. tº º e º e & E & © - . . . . . . . . . . . . . . . 2927. Repealed . . . . . . . . . . . . . . 2928. Superseded ..... e s e e s • º 2929–2932. Repealed ......... 2933. . . . . . . . . . . . . ... . . . . . . . . . . . 2934. . . . . . . . . . . . . 6 - 8 tº . O & & © tº e º ºs & 2935. . . . . . . . . . . . . . . . . . & © tº e G. e. e. e 2936. Amended ....... tº e º e º e - 2937. . . . . . . . . . . . . . . . . . . . . . . . . º 2938. . . . . . . . . . . . . . . . . . . . . . . . . e 2939 * @ e º & e s e e e s e e º e a e e e tº e º e º 2940 e - e º 'º e s tº a e e s sº e s a e e s e © e e s - 2941 tº º º º º ºs º ºs e º & e º º te 6 º' © º º ſº 2942. . . . . . . . . . . . . . . . . • e º e º e s e e 2943. Repealed ......... & 9 º' tº º 2944. * * * * * * * * * : * g e º 'º º * * > e º e º e º º 2945. Repealed .......... • * * * * 2946. . . . . . . . . . . . • , & © e g º O e e e e s e e 2947. . . . . . . . . . . . . . . tº e e º e º º e e º e 2948. Superseded ....... • gº e º e 2949. . . . . . e e s - e s s º ºs e s e ºf e º e º s e e . 2950. Superseded . . . . . . . . . . . . 2951. * * * * * * * * * * * * tº e º e º e º e . . . . . . 2952. Repealed . . . . . . . . . . . . • - 2958. . . . . . . . . . . . . . . . . . . . . . . . . e 2954. e e º e s e e e s : * : * * * * * * * * * * e tº is e - 2955. e e s e e º e e º 'º e e & 6 º' tº e º e • --- - - e 2956. . . . . . . . . . . . . . . . . . . . . . . . . º 2957. . . . . . . . . . . . . . . . . . . . . © e º 'º - 2958. . . . . . . . . . . . . . . . . . . . . e e s a e 2959. • e º te e º e s a º e e tº e º te - © e º 'º - © e e 2960. © e. e. e. e. e. e. e. e. e. e. e. e. e s is º e º & e ſº º e 2961. . . . . . . . . . . . . . . . . . . . . . . . . º 2962. . . . . . . . . . . . . . . . . . . . . . . . . º 2963. e e e e º e s e º 'º e s tº e is a e º e g º e º e º 2964. . . . . . . . . . . . . . . . . . . . . . . . © tº 2965. . . . . . . . . . . . . . . . . . . . . . . . . • 2966. Amended . . . . . . . . . . . . . . 2967. Superseded . . . . . . . . . * G - 2968. . . . . . . . . . . . . . * @ 9 @ e º te e º 'º º Q 2969. . . . . . . . . . . . . . . . . . . . . . . . . . 2970. Superseded ......... e tº e 2971. . . . . . . . . . . . . . . . . . . . . . . . . º 2972. e e º ºs e º º e º e º a c e º e e © tº e º ºs e º e 2973. • * * * * * e e º e º e º e º s e • * * e e º 2974. . . . . . . . . . . . . . . . . . . . . . . . . º 2975. sº e º is º e º e º ºs e º e a e e º 'º e º 'º e º º 2976. . . . . . . . . . . . . . . . . . . . . . . . . . 2977. . . . . . . . . . . . . . . . . . . . . . . . . . 2978. Amended e e º 'º e e º e e º e 2979. . . . . . . . . . . . . . . © e º 'º º ºs e º 'º © - 2980. . . . . . . . . . . . . . . . . . . . . . . . . . 2981. Amended . . . . . . . . . . . . tº º 2982. Superseded ......... e tº e 2983. . . . . . . . . . - - - - - - - - - - - & © tº a º 2984. Amended . . . . . . . . e e º a tº e 2985. . . . . . . . . . . . . . . . . . . . . . . . . . 2986. e e e e º 'º e s s e e s e º e º e º e e º 'º e e - 2987. tº º & tº º . . . . . . . . . . . . . . . . . . . . 2988. Amended . . . . . . . . . . . . . . 2989. Amended . . . . . . . . . . . . . . 2990–2997. Repealed ... . . . . . . 2998. . . . . . . . . . . . . . . . . . . . . . . . . . 2999. e s e e s tº e e s e e s e e s e º e º e º e s sº º This Compilation Sec. Page 5579 tº Gº e - 5580 tº º e - 5581 • . . . 5582 tº º º a 5583 º & e e 5584 & © e e 5585 . . . . . 5586 - & e - • * * * 886 5587 tº & º º tº t e is 886 5588 • * * * 5589 e e º 'º º e º 'º 887 5590 • a s - - G - e. 887 5603 tº e 5604 • ‘º º º - e s - 890 5605 © tº º º • * g e 800 tº º gº tº 891 5606 º º e - 5607 © º 5608 & © 5609 e tº e 5610 tº e º 5611 © tº e 5612 tº gº e 5613 © e º 'º 5614 & º e 5615 º º º º 5618 - e. 5619 . . . . . - e s - 892 5620 . . . . 5621 • * ~ * • e º º 892 • e º e 892 • * * * 892 5622 & º º 56.23 © tº e 5624 © & © e 5625 e ºf e 5626 e is e 5627 © tº º 5628 tº º is 5629 • C. e. e. 5630 . . . . . 5631 e tº e - © e º e 893 5632 . tº e - • * ~ * 893 5633 & e e 5634 e e º e - - e - 893 5635. © tº dº tº * * * * , 893 5636 & g º & * e = 893 5637 C & G → 5638 'e e s a - “5639 • * * * 5640 © e º e 5641 & Cº. e. e. 5642 © e º 'º ñ643 º dº e e 5644 © tº ſº tº 5645 - Q sº e 5646 e e º 'º 5647 © E. e. g. 5648 ©, e º º 5649 * @ e a 5653 © & © tº * e s e 895 5654 º & & © 5655 - © º' tº - ºr º ºr 896 5657 • e º e #658 e ‘º e e 5659 - e º ºs 5660 tº e º & 5661 tº º e - 5662 tº e º e 5663 e e s is 5664 © e º e 5665 e e º e 5666 tº º º ºs 5667 e s e e • * * * 897 5676 © e º º .5677 tº º e s 5678 © º 'º º 5679 © tº e e 5680 - tº º º º 5681 © º º ºs 5682 tº e º º - - ºr e 900 5701 © e º º 5709 & © e s IRev. St. Sec. 3000. . ." ~ * * * * * * * se e o e s a e s e s • * * * * 3001. Amended e e º e º e º 'º e º 'º e º 'º 8002. Amended ............. tº 3003. Amended .............. 8004. Amended .............. 3005. Amended .............. 3006. • * * * * * * * * * * * tº e º ºs e º 'º gº e e q tº º 3007. . . . . . . . . . . . . . . . . . . . . . . . . tº 3008. . . . . . . . . . . . . . . . . . * * * * * * * * 3009. Amiended ...... * * e e e º e a 8010. . . . . . . . . . . . . . . . . . . . . . . . e tº º 3011-3013. Repealed .......... 3015. . . . . . . . . . . . . . . . . . . . . . • * > * 3016. * c q & e e s is e º e e s e e s e a e s e * c > 3017. • • * * * * * * * • 2 e º 'º e º ºs e e * e º ºs e e 3019–3020. Superseded ....... 3022. . . . . . . . . . . . . . . . . . • * * * * g e • - 3023. tº e º 'º e º e s e. e. e. e. e. e. e. * * * * : * ~ * * * º 3024. . . . . . . . . . . . . . . . . . . . . . . . . . 8025. . . . . . . . . . . . . . . . . . . . . . . . . . 3026. Superseded, ......... º & & 3027 . . . . . . . . . . . . . . . . . . . . . . . . . 8028. . . . . . . . . . . . . . . . . . . . . . . . . . 3029. . . . . . . . . . . . . . . . . . . . . . . . . . 3030. . . . . . . . . . . . . . . . . . . . . . . . . * 3031. . . . . . . . . . . . . . . . . . . . . . . . . . 3082. . . . . . . . . . . . . . . . . . . . . . . . . . 3033. ....... • * * * * * * * * * * * * * * * * * 3034. . . . . . . . . . . . . . . . . . . . . . . . . • 3035. . . . . . . . . . . . . . . . . . . . . . . . . . 3036. . . . . . . . tº e s tº gº e - e. e. e. e. e. e. e. e. g. tº e 3037. . . . . . . . . . . . . . . . . . . . . . . . . e 8038. . . . . . . . . . . . . . . . . . . . . . . . . . 8039. . . . . . . . . . . . . . . . . . . . . . . . . . 3040. . . . . . . . . . . . . . . . . . . . . . . . . . 3041. e e º º e º e * * * * * * * * * * * * * c e º s e 3042. . . . . . . . . . . . . . . . . . . . . . . . . . 3048. . . . . . . . . . . . . . . . . . . . . . . . . . 3044. . . . . . . . . . . . . . . . . . . . . . . . . . 3045. . . . . . . . . . . . . . . . . . . . . . . . . . 3046. . . . . . . . dº e s tº e s e º e s e e s e º p is º 3047. . . . . . . . . . . . . . . . . . . . . . . . . . 3048. . . . . . . . . . . . . . . . . . . . . . . . . . 3049. . . . . . . . . . . . . . . . . . . . . . . . . . 3050. & • e º 'º e o e º e e s tº e e e º e e º e s tº a 8051. . . . . . . . . . . . . . . . . . . . . . . . . . 3052 e - e º e - e. e. ‘................. 3053 e tº e º e º e º a º e º 'º e e º 'º º e g . e. e. e. e tº 3054. . . . . . . . . . . . . . . . . . . . . . . . . . 3055. Superseded ........... o 3056. . . . . . . . . . . . . . . . . . . . . . . . . . 3057. . . . . . . . . . . . . . . . . . . . . . . . . . 3058. Amended . . . . . . . . . . . . . . 3059. . . . . . . . . . . . . . . . . . tº e º e º 'º º º 3060. • sº s & e. e. e. e. e. e. e. e. e. e. e. e. * * * is a e s e º 3061. . . . . . . . . . . . . . tº e º e º tº e º e º e - 8062. . . . . . . . . . . . . . . . . . . . e e < e 3076. . . . . . . . . . . . . . . . . . . . . . . . . º 3077. . . . . . . . . . . . . . . . . . . . . . . . . o 3078. . . . . . . . . . . . . . . . . . . . . . . . . & 3079. e e e º e º e º e º e e º te e º 'º e g e e C & 3080 * @ e º 'º - a e º º a e g º a tº e º 'º e º e º ſº tº 3081. . . . . . . . . . . . . . . . . . . . . . . . . º 3082. . . . . . . . . . . . . . . . . . . . . . . . . tº 3083. Amended ...... * * * * > . e. tº tº Q 3084. e e º e e º 'º º e º ºs e e º e º e º sº e º 'º gº tº º 3085. . . . . . . . . . . . e tº e º ſº & © . . . . . . º 3086. . . . . . . . . . . . . . . . . . . . . . . . . . 3087. . . . . . . . e e s e e s e e s e e º e s = e e e 3088. . . . . . * * * * * g º ſº. * * * * * * * * s • * * 3089. . . . . . . . . . . . . . . . . . . . . . . . . o 3090. Amended . . . . . . . . . . . . . . 3091–3093. Repealed ....... . . . 3094. . . . . . . * e º º 'º e a • e e e º 'º e º e e º e 3095. Amended . . . . . . . . . . • * * > 3096. . . . . . . . . . . . . • . . . . . . . . . . . . 3097. . . . . . . . . . . . . . . . . . . . . . . . . . 3098. . . . . . . . . . . . . . . . . . . . . . . . . . 3099. . . . • * * * * * * * @ 9 tº - tº º 0 & 0 & ,º tº ºn e e 3100. Amended . . . . . . . . . . . . tº tº 3101. . . . . . . . . . . . . . '• * * * * * * * • * * * 3102. e e e s e e e s e e e s e s e º e º º e º 'º e e e 3103. . . . . . . . . . . . . . . . . . . . . . . . . . 3104. • * * * * * * * * * * * * * * e a e º e º 'º This Compilation Sec. Page 5685 © & © e 5686 © e. e. e. 5687 tº º e e 5688 - - * e e 5689 - © e. e. 5690 © e º e 5691 tº º º 'e 5692 G - e. e. 5693 tº e º e 5710 tº º e a 5713 tº tº e e * * * * 906 57.19 tº dº o º 5720 tº dº tº º 5721 . . . . 5722 . . . . . 5723 ‘. . . . - - - - 907 5725 • & e s 57.26 © º e g . 5727 - * ~ * 5728 © tº ſº tº 5729 * * * * ºn e º ºs 908 5730 to & s a 5731 © & Cº º 5732 s & e e #733 © º Gº tº 5734 e - e. e. 5735 © º e o . 5736 e tº e 5737 . . . . 5738 • & © e. 5739 • . º. ºº & 5740 e - © e 5741 tº º te tº 5742 º º º is 5743 © & e e 5744 Q & © tº 5745 e tº º ºs 5746 & sº Q tº 5747 tº º º tº 5748 tº ſº e º 5749 • * ~ * 5750 • * ~ * 5751 e - e. e. 5752 Q & © tº 5753 C & © e 5754 tº ſº gº e 5755 © e º º 5756 • * * * * 5757 - - e. e. • * * * 910 5758 e e s - e. 57.59 © tº e G 5760 es e e 5761 © tº º a 5762 º dº e º 5763 º, º º e 5764 tº º tº e 5765 e dº º e 5767 tº º º ve 5768 tº º tº gº 5769 tº e º º 5770 º º 5771. e & e ºs B772 * * * * 5773 & º e e 5774 gº dº e a 5775 © e s a 57.76 tº & © s 5777 tº e. e. e. 5778 e dº e e 5779 tº e º e 5780 tº G & © 5781 tº e º 'º 5782 • e º 'e 5783 tº ſº e e 5784 e dº e e 5785 tº gº e e 5786 • * * * 5787 .... 5788 © º e e 5789 © & © tº 5790 • & e a 5792 tº tº º tº 5793 e e s e 5794 & º º e - - - - - 914 5806 . . . . 5807 tº º e a 5808 © tº e e 5809 © & © 3 5810 e e º e 5811. e e s e 5812 e tº º e 5813 tº dº e e 5814 tº º e e 5815 . . . . 5816 © tº e ºr TABLE OF REVISED STATUTE SECTIONs Rev. St. Sec. 3105. Amended e e e e e dº e s e e e o e 3106. tº t e º 'º e º 'º e º 'º • * tº e º e º e s e º e º 'º 3107. . . . . . . . . . . . . • * * * * * * * * e o e o e 8108. . . . . . . . . . . . . . . . • * * > e ºs e s e e 3109. Amended .............. 31.10. • - - - - - - - - - - - - - - - - - - - - - - - - 3112. • - - - - - - - - - - - - - - - - - * * * * e º e 3113. e e º e º 'º e º 'o e º - e º e º e © e º e º 'º - 3114. e e º e o 'º º e • • * * * * e º e o e e 3.115. . . . . . . . . . . . . . . . . . . . . . tº e º 'º 8116. . . . . . . . . . . . . . . . . . . . . . . . . . 31.17. tº dº º O - - © e º 'º e - © “º e º 'º - e º e e © º º 3118. . . . . . . . . . . . . . . . . . . . . . . . © tº 3119. tº e º º e º e e s e e • e º e º e º 'º e º º & © e 3.120. Amended. . . . . . . . . . . . . . . 3121. . . . . . . . . . . . e - © e º e º 'º e º º ºs e tº 3122 © tº e - e º 'º - e. e. e. e. tº e s e e º e > & e º 'º - e. 3123 e e º e a e º e s e e s e s e s e e e e s e e º e 3124 tº e º e º 'º e e s e º e º e s e e © tº tº e º 'º º 3125. tº º te e º e º e e º e º e º e º e s - e. e. tº e º e 3126 º e º e º e º e º 'º e º e º e tº º e º e g g tº e 3127. tº e º 'º - e º ºs º º e sº e e s e s tº e º 'º e e e 3128. . . . . . . . . . . . e - e º 'º e - º is tº e º 'º e 3129. . . . . . . . . . . . . . . . . . . . . . . . . e 3130–3139. Omitted .......... 3140. Amended ...... • e º & B e. e. e. 3.141. Amended . . . . . . . . . . . . º 8142. e q e º e º e o e a e e • * * * * * * * * * * * * 3143. Amended . . . . . . . . . . . . . . 3144. Amended . . . . . . • e e s at e º º 3145. Superseded ............ 3146. . . . . . . . . . . . . . . . . . . . e s e e - e. 8147. . . . . . . . . . . . . . . . . . . . . . . . • & 3148. Superseded ......... * @ e 3149. Amended ......... • e - - - 3150. . . . . . . . . . . . . . . . . . . . . . . . . º 3151. Repealed . . . . . . . . . . . . . . 3152. Amended ...... • e º e º e º e 3158. . . . . . . . . . . . . . . © tº 4 º' tº º ºs e º 'º º 3154. e e º e º º ºs e º e º e º e º 'º & e º e º is s wº 3155. e e º e º e º e º e tº 9 tº e º º º 3.156. e tº e º e e º 'º e o 'º • ‘º e º e d' • * * * * > * > 3157. . . . . . . . . . . . . . . . . . e e e º ºs e º e 3158. Amended . . . . . . . . . . . . . . 3159–3160. Repealed .......... 8161. . . . . . . . . . . . . . . . . . . . . e - e º 'º 3162. . . . . . . . . . . . . . . . . . . . . . . . . º 3163. Amended . . . . . . . . . . . . . . . 3164. . . . . . . . . . . . . . . . . . . º e º e e - © 3165. Amended ........... Q - e. e. 3166 • - - - - - - - - - - - - - - - - - - - - - - - - 3167. Amended . . . . . . . . . . . . . . 3.168. Amended ......... e º e e º e 3169. . . . . . . . . . . . . . . . © e º e e º 'º e o 3170 . . . . . . . . . . . . . . . . . © e º e e º 'º e 3171. Amended . . . . . . . . . . . . . . . 3172. Amended . . . . . . . . . . . . . . . 3173. Amended . . . . . . . . . . . . . . . 3174. . . . . . . . . . . . . . . . . . . . . . . . . . 3.175. . . . . . . . . . . . . . . . . . . . . . . . . . 3176. Amended . . . . . . . . . . . . . . e 3177. . . . . . . . . . . . . . . . . . . . . . . . . . 3178. Obsolete . . . . . . . . . . . . . . . 8179. . . . . . . . . . . . . . . . . . • e º e º e º te 3180. . . . . . . . . . . . . . . . . • e” e g º e - e. g. 3181. Amended . . . . . . . . . . . . . . . 3182. . . . . . • * * * * * * * * * * * * * * * * * * * 3183. Amended ............... 8184. . . . . . . . . . . . . . . . . . tº e º e º e º 'o 3185. . . . . . . . . . . . . . . . . . . . . . . . . . 3186. Amended . . . . . . . . . . . . . . • 8187. . . . . . . . . . . . . . . . . . • * * * * - e. e. 3.188. . . . . . . . . . . . . . . . . . e tº dº ſº e e º a 3189. • * > * * * ~ e º e º e. e. g. e. e. e. e. © tº tº º tº e 3190. . . . . . . . . . . . . . . . . . . . . . . . . . 3191. . . . . . . . . . . . . . . . . . . . . . . . e - 3192. . . . . . . . . . . . © º e º 'º - - © tº e & e º 'º 3193 • * * * * * * * * * * * * * * * * * * * * * * * * 3.194 • * * * * * * * * * * * * * * * * * * * * **** * * 3.195. . . . . . . . . . . . . . . . . . . . . . . . . . 3196. . . . . . . . . .* * * * * * * * * * * * * * * * * 3197. Amended ....... • e º e º 'º e e 3.198. . . . . . . . . . . . . . . . . . . . . . . . . . 3199. * * * * * * g e e º * .e. e. e º e º e º e º e º e 3200. . . . . . . . . . . . . . . . . . . . . . . . . . 8201: . . . . . . . . . . . . . . . . . © º e º 'º - e e 8202. . . . . . . . . . . . . . . . . . . . . . . * @ 9 3203. Amended ........... e - e. 3204. * * * * * * * * * * * * * g e º e e - © e º 'º e ge 3205. . . . . . . . . . . . . . . . . . . . . . . . © 3206. . . . . . . . . . . . . . . . . . . . . . . . tº e 3207. . . . . . . . . • * * * * * * * * * * * * * * * * e 3208. Amended ............. © º 8209. . . . . . . . . . . . . . . . . . . . . . . . tº @ 3210. • * * * * * * * * * * * * * * * * * * * * * * * * 3211. . . . . . . . . . . . . . . . . . * * * * g e e 3212. • - - - - - - - - - - - - - - - • & © e º 'º e e 3213. . . . . . . . . . . . . . . . . . . . . . . . . . 3214. © e g º ºs e º e s ∈ e º e e tº is e e º 'º e e º This Compilation Sec. Page 5817 . . . . 5818 tº º tº e 5819 e G. e. e. 5820 e e o º 5821 e e º & 5822 e e º e 5823 e e º º 5824 tº e º g 5825 e ſº tº º 5826 tº º º tº 5827 © tº tº dº 5828 e e s tº 5829 e e º ºs 5830 e tº e e 5831 º ºg s tº 5832 tº tº e º 5833 • * c & 5834 5.835 © tº tº º 5836 © tº e º 5837 • e º º 5838 e & © tº 5839 tº e º ºs 5840 º 5841 - e º – - - - & 919 5842 • * * * 5843 5846 e e º e 5847 • & © e 5848 tº e º e • e º 'º 92.1 585.1 tº & e º 5853 • . . . . . • * * * 92.1 5854 e e g e 5855 • * * * e e s s 922 5856 - - - - 5862 tº ſº 5863 te 5864 tº e º 'º 5865 © º & Gº 5866 tº e º e 5879 e e º s * * * e 925 5880 • * * 5881 º e o 0. 5883 . . . . . 5884 e e s a 5885 º e s tº 5886 e º e ſº 5887 tº tº e º 5888 e 5889 e e º º 5893 © e º e 5894 © e º e 5895 dº º º & 5896 tº tº e e 5897 . . . . 5898 © e º 'º 5899 tº gº tº s 5900 • * * * - * * * 928 5901 - .... 5902 e & e e 5903 tº º e a 5904 tº Q tº º 5905 º e º 'º 5906 © tº º º 5907 e tº e s 5908 tº gº º v 5909 tº e º º 5910 © e s e 5911 e e s e 5912 © & c. & 59.13 e tº e e 5914 e & e e 5915 e e o e 5916 tº e º , e. 5917 © e º º 5918 . . . . . 5919 e e s - e. 5920 • * * * 5921 © e. e. e. 5922 tº e º 'º 5923 e º 'º º 5924 & E & © 5925 © e º e 5926 tº º e º 5927 tº º te e 5928 © e º e 5929 * & tº e 5930 & 5931 e 5932 © e 5934 e e 5935 e e s e 5937 º e º e 5938 tº e º ſº Rev. St. Sec. 3215. s e e º e º e g º e º e º e º 'º e º ºs e > * * * > 3216. © e º º ºs e e e º 'º e º ºs º e º e º 'º -> * > * > * 3217. tº e o 'º e o e º ºs e º ºs º e º e º 'º e º 'º - tº e e 3218. s e e º e e º 'º - e. e. e. e. e. e. e. e. e. • * * * * e e 3219. • * e º 'º e º e º e º e º º • * g e is e º 'º' tº e 3220. . . . . . . . . . . . . . . . . . . e c e º e s e 3221. Amended . . . . . . . . . . . . . . . 3222. Temporary . . . . . . . . . . . © tº 3223. Amended . . . . . . . . . . . . . . & 3224. . . . . . . . . . . . . . . . . . . to e º 'º e e o 3225. Amended . . . . . . . . . . . . . . gº 3226. Amended . . . . . . . . . . . . . . . 3227. . . . . . . . . . . . . . . . . . . • * * * * * * 3228. . . . . . . . . . . . . . . . . . . © tº e º º º º 3229. . . . . . . . . . . . . . . . . . e e º e º e e e 3230. e - © tº e º e º e º e º e º 'º e e º e º e º a º 3231. . . . . . . . . . . . . . . . . . . tº º ºs º º º wº 3232. . . . . . . . . . . . . . . . . . . . . . . . . & 3233. . . . . . . . . . . . . . . . . . . & dº e º 'º e is 8234. . . . . . . . . . . . . . . . . . . . . . • * * * 3285. . . . . . . . . . . . . . . . . . . . . . . . . . 8236. . . . . . . . . . . . . . . . . . . . . . . . gº tº 3237. Superseded . . . . . . . . . . . . e 3238. Amended . . . . . . . . . . . . . . . 3239. Amended . . . . . . . . . . . . . . e 3240. Amended . . . . . . . . . . . . . . . 3241. . . . . . . . . . . . . e e º e º e º e º 'º e > e 3242. . . . . . . . . . . . . . . . . . . e tº º ºs e s e 3243. tº ſº tº e º e º ſº a º e a e e º º e e º e º 'º e º º 3244. Amended ..... • * * * * * * * * e 3244. . . . . . . . . . . . . . . . . . . e e º e a s e 3244. Amended . . . . . . . . . . . . . . . 3245. Temporary . . . . . . . . • e s e 3246. Amended . . . . . . . . . . . . . . © 3247. . . . . . . . . . . . . . . . . . . . . . . © º º 3248. e e g c e º 'º e - © e º O e º 'º - e. * * * * > e ºs 3249. tº e - - - e º 'o - e. e. e. e. e º 'º e º e º 'º e º 'º e 3250. e - © º & g º º e - © tº º e º 'º e & & © tº & © gº tº 3251. tº º º e e º 'º e º e e º e º e e tº e º e s e º 3252. . . . . . . . . . . . . . . . . . . . . . . . . tº 3253. • * * * * * * * * c e º e º 'º • e a s • e” s * & 3254. . . . . . . . . . . . . . . . . e e e º 'º - e º e 3255. Amended . . . . . . . . . . . . . e 3256. . . . . . . . . . . . . . . . . . . . . . © e º e 3257. tº e º e e is a e e - e. e. e. e. e. e. e. e. * * * * * e e 3258. . . . . . . . . . tº e º e e º º e s e e - © tº e & 3259. . . . . . . . . . . . . . . . . . . . . . . . . ſº 3260. Amended ......... • * - e. e. 3261. . . . . . . . . . . . . . . . . . . . . . . . . . 3262. Amended . . . . . . . . . ºn º º ºs e 3263. . . . . . . . . . . . . . . . . . . . . e c e s e 3264. Amended . . . . . . . . . . . . . . 3265. . . . . . . . . . . . . . . . . . . . . . . . . . 3266. . . . . . . . . . . . . . . . . . . tº e º 'º e e e 3267. . . . . . . . . . . . . . . . • e º e º sº e º “e º 3268. • * g e º e º e s e º e º e º e e º s a e º º ſº 3269. e tº e º e º e º e º 'º º e º 'º e º s e - e. e. e. e. e 3270. . . . . . . . . . . . . . . . . . . . . . . . . . 3271. . . . . . . . . . . . . . . . . . . . . . . . . . 32.72. * @ & e e º e º ºs e e º a . e. e. e. e. e. e. e. e. e. e. e. 3273. . . . . . . . . . . . . . . . . . . . . . . . . . 3274. . . . . . . . . . . . . . . . . . . * @ e º ºs e g 3275. . . . . . . • - - - - - - - - - - - - - - - - - - 3276. Amended . . . . . . . . . . . . . . 3277. . . . . . . . . . . . . . . . . . . . . . . . . . 3278. . . . . . . . . . . . . . . . . . . . . . . . . . 3279. e e s ∈ e. e. e. e. e. e º 'º e s is a tº e e s e 32.80. tº tº ſº tº e º 'º º e º ºs e º 'º e & * @ & & e º 'º 3281. . . . . . . . . . . . . . . . . . . & © tº e º e e 3282. Amended . . . . . . . . . . . . . . 3283. . . . . . . . . . . . . . . . . . . . . . . . . . 3284. e e s - tº e s = • * * @ e º O & sº e & © e º e º ºs 3285. Amended . . . . . . . . . . . . . . 3286. Amended . . . . . . . . . . . . . . 3287. Amended . . . . . . . . . . . . . . 3288. . . . . . .... • * * * * * * * * * * * * tº e º e º 'º 3289. e & º º ºn tº e º 'º tº e g º a tº e º º © e º 'º gº º 3290. . . . . . . . . . . . . . . . . . . . . . . . . . 3291. . . . . . . . . . . . . . . . . . . . . . . . . . 3292. . . . . . . . . . . . . . . . . . . . . . . . . tº 3293. Amended . . . . . . . . . . . . tº e 3294. Amended . . . . . . . . . . . . . . 3295. Amended . . . . . . . . . . . . . . 3296. . . . . . . . . . . . . . . . • e e º e º e º e & 3297. . . . . . . . . . . . . . . . . . . * @ e º 'º e o 3298. . . . . . . . . . . . . . . . • * * * @ 9 g 3299. Amended . . . . . . . . . . . . . . 3300. * * * * * * is s a tº a e º e º º e a e tº e s a e gº 3301. Amended . . . . . . . . . . . . . . 3802. . . . . . . . . . • * * g e º 'º e º e º tº • e º e 3303. • e º e º e º e e s m e º 'º e s e e º 'º e º e 3304. . . . . . . . . . . . . . . . . . . . . . . . © 3305. e - e s e e º e º ºs e e s e e s e e º 'o e e e 3306. . . . . . . . . . . . . . . . . . . . . . tº º e tº 3307. e - e º e º e º 'º • * * g e º © e º & © & © tº tº e 3308. . . . . . . . . . . . . . . . . . . © tº e º & © & 3309. Amended . . . . . . . . . . . . . . 3310. Amended . . . . . . . . . . . . . . 3311. . . . . . . - - - - - - - - - - - - - - - - - - - 3313. • - - - - - - - - - - - - - - - - - - - - - - - - IPage 1810I This Compilation Sec. Page 5939 * @ º o 5940 tº & e - 5941 e • - © 5942 . . . . 5943 tº º º º 5944 e e º e 5945 * * * * e ſº º – 933 5946 • * ~ * 5947 * * ~ * 5948 e - © tº 5949 © e º 'º 5950 G - © & 5951 tº e º 'º 5952 e - © - 5953 º 6 -e e 5954 s e o e 5955 e Q - © 5956 e Q - e. 5957 tº tº º º 5958 e 5959 tº - - - tº gº tº wº 935 5961 © tº º 5962 º 5963 tº º ſº tº 5964 tº e º 'º 5965 * e - © 5970 tº tº º º 5971 • ‘s a e 6176 º 6187 & e º º tº e º e 938 5975 tº e - - 5981 * > 5982 e - © tº 5983 e - © 5984 º tº º º 5985 e e e 5987 tº e - © 5988 & e º 5989 . . . 5990 º e - 5992. tº tº º 5993 tº tº tº 5994 e e s e 5995 © º 'º e 5997 e º O e 5998 tº º O e 5999 e º O & 6001. tº e º e 6002 e e º e 6003 tº tº dº e 6004 e ‘º e e 6005 e - 6006 & © tº e 6007 e - © tº 6008 e Q - e. 6009 tº tº e 60.11 tº º e 6013 º e - 6014 * 2 º' 6015 tº e º - 6016 e - © 6017 tº e e 60.18 e e 6019 e - © 6020 e tº º º 6021 tº e o & 6022 º e º 'º 6024 tº C & 6025 e - 6026 $º º º 6027 e Gº & 6028 º º º º 6029 tº e e 6030 tº º º º 6031 tº e e 6032 ..... 6033 © º - 6034 • * - 6036 Q - O 6037 tº Q tº 6038 e e - 6066 e o º 6078 © tº Q 6079 s e e 6080 * - © tº 6081 tº º º 6082 e e > 6083 tº e 6084 tº º º 6085 e - 6086 º º 6087 * † - © 6088 e - e. 6089 e - e. 6092 tº tº tº 6093 tº e º 'º' 6094 tº e º e 6095 e - © º Rev. St. Sec. 3314. Amended tº e.e. e. e. e - e º e e º e e 3315. Amended . . . . . . . . . . . . . . 3316. . . . . . . . . . . . . . . . . e e º 'º e e s tº e 3317. Amended . . . . . . . . . . . . . . 3318. Amended • * * * * * * * * * * * * * 3319. e - e. e. e. e. e. e. e. e. e. e. • ‘º e º ºs e º 'º º e º gº tº 3320. Amended . . . . . . . . . . . . . . 3321. Repealed . . . . . . . . . . . . . . 8822. . . . . . . . . . . . . . e e s a e º 'º e º e º & 3323. Amended to e e º & & Q & 9 º' - 8324. . . . . . . . . . . . . . . . . . . . . © tº e - © 3825. e e º ºs e e º e º e º e º e a tº tº e s e e º ' 3326. e e º e e º e º e º 'º - e. e. g. e. e. e. e. e. e. e. e. º 3327. . . . . . . . . . . . . . . . . . . . . . . . . . 3328. Superseded ............ 3329. Amended ...... © º e º 'º e º e 8330. Amended . . . . . . . . . . . . . . 3331. . . . . . . . . . . . . . . . . . . tº e º ºs e e Q 3332. Amended .............. 3333. . . . . . . . . . . . . . . . . tº e º º º ſº e e 3334. Amended .............. 3335. . . . . . . . . . . . . . . . © & Q - e º e º 'º - 3336. Amended & Q & Q & © tº tº $ 6 tº ºw e 3837. . . . . . . . . . . . . . . . . . . . tº e º e 3888. . . . . . . . . . . . . . . . . . . . . . . . . . 3339. . . . . . . . . . . . . . © º º sº e º 'º º te e º e 3340. Amended .............. 3341. Amended . . . . . . . . . . . . . . 3342. Amended .. e - e. 3348. . . . . . . . . . . . . . . . . . . . . . . . . . 3344. . . . . . . . . . . . . . . . . . . . . . tº a tº e 3345. . . . . . . . . . . . . . . . . . . . . . . . . . 3346. Amended .............. 8347. . . . . . . . . . . . . . . e e º 'º - e º e º e e 3348. © tº e º e º 'º e º 'º e º 'º e º e º e º e e s is e 3349. e - e º e º - e. e. e. e. tº e - e º e a tº e º e º 'º - 3350. • . . . . . . . . . . . e - e. e. e. e. e. e. e. e. e is a 3351. tº e º 'º º e º & º e º 'º e © º º ºs º º & e º is e e 3352. . . . . . & © & © tº s tº º e º q c tº tº tº º e º e - 3353. . . . . . . . . . . . . . . . . . . . e - © e e 3354. Amended .............. 3355. Amended .............. 3356. . . . . . . . . . . . . . . . . . . . . . . . . . 3357. Amended ............... 3358. . . . . . . . . . . . . . . . . . . . . . . . . . 3359. . . . . . . . . . . . . . . . . . © - * * * c e - 3360. Amended ............... 3361. Repealed .............. 3362. Amended .......... 3363. Amended .............. 3364. . . . . . . . . . . . ... * * * * * * * * * * * e s e 3365. Temporary ............ 3866. . . . . . . . . . . . . . © º & e º 'º º * e º & © 3367. . . . . . . . . . . . . * * * * * * * * e e s e e 3368. Amended .............. 3369. • * * * * * * * * * * * & © e e º º © e º is a º º 3370. . . . . . . . . . . . . . . . . . . . . . . . . . 3371. Amended .............. 3372. . . . . . . . . . . . . . . . . . . . . . . . . . 3373. tº e º ſº tº e º e º 'º - e º e º Q & © tº e º e º e 3374. • * * * * * * * * * * * * * * * * * * * * e º º 3375. . . . . . . . . . . . . . . . . . . . . . . . . . 3376. . . . . . . . . . . . . . . . . . . . . . . © e - 3377. Amended .............. 3381. Amended .............. 3382. . . . . . . . . . . . . . . . . . . . . . . . . . 3383. Amended .............. 3384. Amended .............. 3385. Amended .............. 3386. Amended .............. 3387. Amended .............. 3888. . . . . . . . . . . & © tº e º 'º e e º & © e º 'º e 3389. Amended .............. 3390. . . . . . . . . . . . © tº e º e s e e º e º is º º 8891. . . . . . . . . . . . . . . . . . . . . . . . . . 3392. Amended .............. 3393. Amended ...... tº º tº e º 'º e - 3394. Amended ............ . - - 3895. . . . . . . . . . . . . * * * * * * * * * * c e e 3396. . . . . . . . . . . . . . . . .......... 3397. Amended .............. 3398. . . . . . . . . . . . . . . . . . . . © e º ºs e e 3399. . . . . . . . . . . . . . . . . . . . . . . . . . 3400. . . . . . . . . . . . . . . . .......... 3401. Temporary ............ 3402. . . . . . . . . . . . . • * * * * * * * * * * * * 3403. © º e • * * * * * * * * * * * * * * ~ e a e e º 3404. . . . . . . . . . . . . . . . . . . . . . . . . . 3405. e e o e e e * * * * * * * * e º e > º e e s a e 3406. tº e º e º 'º e e & © e Q 3407. . . . . . . • ‘º º ºs e º e * * * * * * * * * * * * 3408. . . . . . . . . . . . . . . . . . . . . . . . . . 3409. . . . . . . . . . . . . . . . . . . . . . . . . . 3410. Superseded ............ 3411. . . . . . . . . . . . . . . . . . ........ 3412-3413. Superseded ..... © º 3414. . . . . . . . . . . . . . . . . . ........ 3415. * * * * * * * * e s e e s e e s e s e e s a • * 3416. • e e s a e e º e s e º º © & e o e e s e e º e e 3417. Amended * * * * * * * g º 'º e º 'º º - This Compilation Sec. Page 6096 e - e º 6097 © º º e 6098 tº e º e 6099 • * * * , 6100 • * ~ * 6101 • * * * 6102 • e o e • * * * 963 6103 - e º e 6104 - tº º º 6105 • * * * 6106 © º º º 6107 e - e ∈ 6109 * @ 9 º' * - - - 964 6124 - e. e. tº 6125 & º e e 6128 • . . . 6129 tº tº º º 6.130 © e º e 6131 e - e. e. 6139 . . . . 6140 • * * * 6141 • e º e 6142 © e º e 6143 ſº º º º 6146 tº tº e s 6,147 - e. e. g. 6148 © e º º 6149 © e º e 6150 - e º º 6151 tº - © tº 6153 e - º e 6154 • * * * 6155 tº G & e 6156 . . . . . 6157 e - © e 6158 tº e º e 6159 e - © e 6160 • * * * 616.1 © º º is 6163 e - © e 61.64 © e º e 6165 © º º & 6166 © e º & 6167 • e º e 6168 tº tº º º * - - - 978 6169 tº e º & 6170 - © º º 6171 & B e. e. e - - - 979 6173 © e º e 6173a, © º e e 6174 e - © a 6178 tº º, ø tº 6179 to e º e 6180 e e e e 6181 • * ~ * 6182 © e o 'º 6183 tº tº e e 6184 tº e º e 6.185 6186 - tº e e & º - - 982 6.188 - © a e 6189 6190 • * *, * 619.1 © e º e 6.192 © e º ºs 6195 © tº º tº 6197 © & e e 6198 • * g e 61.99 © & © & 6200 e e 6201 tº e º e 6202 © º e & 6203 © tº o ºs 6204 * @ e sº 6205 • * * * 6206 - * * * 6207 tº e º e 6208 tº º e is 6209 • & e e 62.10 © - e. e. * * - - 987 621.1 tº º e e 6212 * - e. e. 6213 © tº º ºs 6213a, © e e e 6214 tº e e a 6288 • . . . 6292 © tº ſº tº 6293 - e º e * * * * 999 6294 © - e. e. * - - - 999 6295 © 2 & 3 6296 - 6297 . … • 6298 • * TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. . . 3418-3419. Repealed . . . . . . . . . . 3420-3432. Superseded 3433. Superseded 3434. . . . . . . . . . . . . . . . . . . e e º 'º e º e 3435–3437. Superseded ....... 3438-3440. Obsolete . . . . . . • e º e 3441-3442. Superseded and re- pealed ... . . . . . . . 8443. . . . . . . . . . . . . . . . . . . . . . © tº º ve 3444. e - e º ºs s e e º 'º e º e º e s e e a e e º e e 3445. • e º sº e º e e º 'º e > e - © e º e º 'º a • e º 'o 3446. Amended e e º e º e º ºs e º 'º 3447. . . . . . . . . . . . . . . . . & e º 'º e * - © tº 3448. . . . . . . . . . . . . . . . . . . . . . . . e e 3449. e e - e º 'º e º e º 'º e º e e e º s e º e º te º e 3450. e - - - - © e e e s e e - e. e. e e e s e º e º e º 3451. . . . . . . . . . . . . . . . . . . . . . © e º 'º 3452. . . . . . . . . . . . . . e e g º ºs e º 'º º e • * 3453. • * e o e s e e s - e s • e • * * * * * * * * º o 3454. * * * * * * e º e s e º s e e º e e s e s e e e tº 3455. . . . . . . . . . . . . . . . . . . . . . . . . . 3456. Amended .............. 3457. . . . . . . . . . . . . tº º tº E e º e º º º º © tº 3458. . . . . . . . . . . . . • e ºs e º e º 'º e º e e & 3459. tº e º e º 'º e º e º 'º - e e º e º e e º 'º tº e º 'º 3460. . . . . . . . . . . . . . . . . . . . . . . . . . 3461. . . . . . . . . . . . . . . . . . . . . . e - © tº 3462. . . . . . . . . . . . . . . . . . . . . . © e º 'º 3463. tº e º e s e e s e © e º e e º 'º e e º 'º - • o o 0. 3464. . . . . . . . . . . . . . e e º e º e s tº e e e º 'e. 3465. . . . . . . . . . . . . . . . . . . . . . & G e tº 3466. * e e º e º 'º e s e º nº e º e a c e s e º e º tº 3467. . . . . . . . . . . . . . . . . . . . . . . . . . 8468. . . . . . . . . . . . . . . . . . . . . . . . . . 3469. . . . . . . . . . . . . . . . . . . . . . . . . . 3470. . . . . . . . . . . . . . . . . . . . . . tº o º º 3471. * * @ e tº & 6 & © tº e º e • * e º º º 8472. . . . . . . . . . . . . . . . . . . . . . . . . . 3473. Amended ............ e e 3474. . . . . . . . . . . . . . . . . . . . . . . . . . 3475. . . . . . . . . . . . . . . . . . . . . . . . . . 3476. tº e º e º ºs e º is e º º e e e º ºs e º 'º º tº º ºn tº 8477. . . . . . . . . . . . . . . . . . . . . . . . . . 3478. . . . . . . . . . . . . . . . . . . . . . . . . . 3479. . . . . . . . . . . . . . . . . . . . . . . . . . 3480. . . . . . . . . . . . . . . . . . . . . . . . . . 3481. . . . . . . . . . . . . . . . . . . . . . e º 'º e 3483. . . . . . . . . . . . . . . . . . . . . © tº º e 3483. . . . . . . . . . . . . . . . . . . . . . e e º ºs 3484. . . . . . . . . • e º e º 'º e º e º e º 'º - º 'º - 3485. . . . . . . . . . . . . . . . . . . . . . . . . . 3486. . . . . . . . . . . . . . . . . . . . . . . . . . 3487. . . . . . . . . . . . . . . . . . . . . • e º e 3488. • . . . . ") . . . . . . . . . . . e e º 'º 3489. . . . . . . . . . . . . . . . . . . . . . . . . . 3490. . . . . . . . . . . . . . . . . . . . . . . . . . 3491. . . . . . . . . . . . . . . . . . . . . . . . . . 3492. . . . . . . . . . . . . . . . . . . . . . © e º e 3493. . . . . . . . . . . . . . . . . . . . . . . . . . 3494. . . . . . . . . . . . . . . . . . . . . . . . . . 3495. . . . . . . . . . . . . . . . . . . . . . . . . º 3496. . . . . . . . . . . . . . . . . . . . . . . . . . 3497 © e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e s e º e - a e is 3498 e - © e º a se e º 'º - e. e. e. e. e. e. e º 'º - a e e tº 3499 & e º e º e e º e s - © e º 'º e º te e º 'º e e º a 3500 e - ſº tº º e s ∈ tº e º & © e º e s tº e º e tº e º 'º 3501 e e º e s a e s s is e a e º e s e º e º e º 'º e dº 3502. • e º e º ºs e e s e s e e s e e s e e º e - e. e. e. 3503. . . . . . . . . . . . . . . . . . . . . . . . . . 3504. . . . . . . . . . . . . . . . . . . . . . . . . e 3505. . . . . . . . . . . . • * * * * * * e º 'º' * - e. g. 3506. . . . . . . . . . . . . . . e s e º e º º e - e. g. 3507. . . . . . . . . . . . . . . . . . . . . . . . . . 3508. . . . . . . . . . . . . . . . . . . . . . . . . . 3509. . . . . . . . . . . . . . . . . . . . . . . . . . 3510. Amended . . . . . . . . . . e tº e & 3511. . . . . . . . . . . . e - e º e º 'º e º 'º - e. e. e. 3512. . . . . . . . . . . . . . . . . . . . . . . . . . 3513. . . . . . . . . . . . . . . . . . . . * - e º 'º 8514. . . . . . . . . . . . . . . . . . . . . . tº e º ºn 3515. ..... º e e º e º gº 3516. . . . . . . . . . . . . . . . . . . . . . . . . p 3517. . . . . . . . . . . . . . . . . . . . • * * * * * 3518. . . . . . . . . . . . . . . . . . . . . . . . . . 3519. tº ſº e º 'º º e º e a tº e º e • * * * * * * * * * 3520. • e º e º e º e º e º 'º e s tº e s e e s e • & © tº 3521. . . . . . . . . . . . . . . . . . . . . . • * > * 8522. . . . . . . . . . . . . . . . . . . . . . . . . . 3523. . . . . . . . . . . . . . . * * * * * g e © 2 º' tº 3524. Amended e º 'º e º º e º 'º e º tº 3525. * * * * * * * * * * * * * * * e e º 'º - e º 'º e 3526. . . . . . . . . . . . e - e º e e. e. e. e. • e > * * 3527. . . . . . . . . . . . . . © o O & B e º 'º - e. e. g. 3528. Amended .............. 3529. Amended .............. 8580. . . . . . . . . . . . . . . . . . . . . . . . . . 3531. . . . . . . . . . . . . . . . . . . . . . . . . . 3532. . . . . . . . . . . . . . . . . . . . . . . . . . 3533. . . . . . . . . . . . . . . . . . . . . . tº e º e IPage 1811] . This Compilation Sec. Page e 1006 tº e º 'º 1006 • * * * 1008 6340 tº ſº º ſº e e º e 1008 º 1028 s tº º e 1031 6337 tº º ſº e 6341 6342 e e º e 6343 tº e º º 6349 tº 6350 © tº e º 6351 º e > * 6352 e e º 'º 6353 tº e º 'º ,6354 e 6355 tº e º e 6356 e e e e 6357 tº e º 'º 6358 gº tº e º 6359 * @ º º 6360 tº ºn tº º 6361 tº e º c 6362 tº e 6363 º “º e & 6364 * 6365 e tº º º 6367 tº e º e 6368 tº tº e º 6372 ſº 6373 tº e ex º 6374 tº & © tº 6375 & © e = 6376 6377 e e º a . 6378. e tº 6379 tº tº e 6380 o e a 6381 e e º 6382 tº dº & 6383 © º º 6385 te e 6386 e 6387 tº e 6389 tº tº e º 6390 tº eve e 6396 e e º e 6397 tº e º º 6398 * - © tº 6399 & © e 6400 Q & Cº 6401 tº e e 6402 tº e º 6411 tº gº tº 6412 e tº e 6413 tº º º 6414 is e e 6415 tº e 6416 e e & 6431 tº tº c 6433 tº e 6434 gº tº 6435 e e 6437 tº º 6438 e e 6439 ... 6440 tº Q 6441 tº e º º 6442 tº e º a 6443 tº e º e 6444 e e º 'º' 6445 tº º O & 6446 tº 6447 © e 6448 º ºg 6451 ºn e 6452 © tº gº e 6457 tº º 6458 e e 6459 tº e 6461 e e º e 6463 e G & º 6465 tº ºn e Q 6466 * e s e e 6467 tº e º ºs 6468 tº e º e 6469 tº º 'º - 6470 tº e º e 6472 tº º ºs e 6473 tº e o 6490 e - a e 6494 tº e º º 6495 tº e s tº 6497 • * * * 6498 e - © 6499 gº º & 6500 © . º. 6501 tº º & This Rev. St. Compilation Sec. Sec. Page 3535. • * * * g e º e º & e • e º e s e º e º 0 & 0 & © 6502 e e - e. 3536. Amended .............. 6503 - C - e. 3587. . . . . . . . . . . . . . . e e º 'º - e. ..... 6504 tº O C & 3538. . . . . . . . . . . tº e º 'º e º 'º • * * * * g tº . 6505 . . . . . 3539. . . . . . . . e - e. e. e. e. e. e. e º ºs e º 'º & © º is 6506 © & © tº 3540. . . . . . . . . . . . . . . . . . . . . • e 6507 e - e. e. 3541. . . . . . . . . . . . . . . . . . . . . ..... 6508 © º & © 3542. . . . . . . . . . . . . . . . . . . . . . . . . . 6509 e - e. e. 3543. . . . . . . . . . . . . . . . . . tº º e º 'º e º º 6510 º e º 'º 3544. . . . . . . . . . . . . . . . . . . . . . . . . . 65.11 • * * * 3545. . . . . . . . . . . • e º e a e s to e a tº e s tº e 6512 © - - - 3546. . . . . . . . . . . . . . . . . . . . . . . . . . 6515 tº e º 'º 3547. . . . . . . . . . . . . . . . . . . . . . . . . . 6518 • e - e. 3548. Amended . . . . . . . . . . . . . . . . 6519 • - - - 3549. Amended . . . . . . . . . . . . . . 6520 e - e. e. 3560. . . . . . . . . . . . . . . . . . . . . . . . . . 6521 tº tº e º 3551. . . . . . . . . . . . . . . . . . . . . . . . . . 6522 e - - - 8552. . . . . . . . • * * * * * * e s ∈ e º e º º 'º ſº a 6523 tº e º e 3553. e © e e is tº º • * * * * * * * * * * * * * * * * 6524 tº ſº tº tº 3554. . . . . . . . . . . . . . . . . . . . . ..... 6526 tº & © - 3555. . . . . . . . . . . . . . . . . . . . . ..... 6527 to e - - 3556. . . . . . . . . . . . . . . . . . . . . . . . . . 6528 © tº a tº 3557. . . . . . . . . . . . . . . . . . . . . . . . . . 6529 tº e º º 3558 * e º ºs e º 'º - e. e. e. e. e. e. e. * * * * * * * * * e 6530 © tº º º 3559. . . . . . . . . . . . . . . . . . . . . . . . . . 6531 - G - e. 3560. . . . . . . . . . . . . . . . . . . . . . . . . . 6532 Q & © e 3561. Amended . . . . . . . . . . .... 6533 tº tº º & 3562. . . . . . . . . . . . . . . . . . . . . . . . . . 6534 © Q & 3563. . . . . . . . . . . . . . . . . . e - © tº 6535 e e - e. 3564. Superseded ............ • - - - 1057 3565. . . . . . . . . . . . . . . . . . . . . . . . . . 6537 s & e e 3566. . . . . . . . . . . . . . . . . . . . . . . . . . 6538 tº º e G 3567. . . . . . . . . . . . . . . . . . . . . . . . . . 6539 . . . . 3568. Amended . . . . . . . . . . . . e 6540 tº º e e 3569. . . . . . . . . . . . . . . . . . . . . . . . . . 8898 tº e - - 3570. . . . . . . . . . . . . . . . . . . . . . . . . . 8899 © tº - 571. . . . . . . . . . . . . . . . . . . . . tº e º e 6541 • * * * 3572-3575. Obsolete . . . . . . . . . . - - - - 1057 3576. . . . . . . . . . . . . . . . . . . . . . . . . . 6549 e e º e 3577. . . . . . . . . . . . . . . . . . . . . ... .. 6551 tº e - e. 3578. • * * * * * * * * * * * * * * * * * * * * * 6552 tº e º - 3579. . . . . . . . . . . . . . . . . . . . . . . . . . 6557 tº º e - 3580. . . . . . . . . . . . . . . . . . . . © & © tº tº a 6558 © tº º 3581. . . . . . . . . . . . . . . . . . . . . ..... 6559 e e º e 3582. . . . . . . . . . . . . . . . . . . . . . . . . . 6561 e - © e 3583. . . . . . . . . . . . . . . . . . . . . . . . . . 10348 º e º e 3584. . . . . . . . . . . . . . . . . . . . . . . . . . 6571 e e & 3585. . . . . . . . . . . . . . . . . . . . © e º 6572 • * * * 3586. Superseded ...... e e e a e e • * * * 1061 3587. . . . . . . . . . . . . . . . . . . . . . . . . . 6574 © e. e. g. 3588. . . . . . . . . . . . . . . . . . . . . . . . . . 6575 - * 3589. . . . . . . . . . . . . . . . . . . . . . . . . . 6576 tº º 3590. . . . . . . . . . . . . . . . . . . . . . . . . . 6577 • * * * 3591. . . . . . . . . . . . . . . . . . . . • * * e s e 6578 e - e. e. 3592. . . . . . . . . . . . . . . . . . . . . . . . . . 6579 tº e º 'º 3593. . . . . . . . . . . . . . . . . . . . . . . . . . 6582 e - © º 3594. . . . . . . . . . . . . . . . . . . . . . . . . . 6583 tº e º e 3595. . . . . . . . . . . . . . . . . . . . . . .... 6584 tº º e e 3596. . . . . . . . . . . . . . . . . . . . . . . . . . 6586 & e o e 3597. . . . . . . . . . . . . . . . . . . . . . . . . . 6587 • e s e 3598. • e o e e s e º e s a e o e s e º e º 'º e º e s e 6588 © tº s • 3599. . . . . . . . . . . . . . . . . . . . . . . . . . 6589 © tº - © 3600. . . . . . . . . . . . . . . . . . . . . . . . . . 6590 . . . . . . 3601. . . . . . . . . . . . . . . . . . . . . . . . . . 6591 & © e - 3602. . . . . . . . . . . . . . . . . . . . . . . . . . 6592 © º º a 3603. . . . . . . . . . . . . . . . . . . . . . . . . . 6593 ſº tº ſº º 3604. . . . . . . . . . . . . . . . . . . . . ... .. 6594 tº tº º - 3605. . . . . . . . . . º e º 'º e s tº e º e s - e g o e 6595 e Go e e 3606. . . . . . . . . . . . . . . . . . . . . . . . . . 6596 3607. . . . . . . . . . . . . . . . . . . . . . . . . . 6597 • * * * 3608. Superseded ...... tº e º ºs e e º e o e 1063 3609. . . . . . . . . . . . . . . . . . . . ... ... 6598 • tº e e 3610. . . . . . . . . . . . . . . . . . . . . . . . . . 65.99 tº e - e. 3611. . . . . . . . . . . . . . . . © tº 0 - - © tº e º º 6600 e - e. e. 361.2 & © e º e º e º e º e º e º a s e e º ºr e º e º s 6601. tº gº º º 3613. . . . . . . . . . . . . . . . . . . . . . . . . . 6602 & © e e 3614. . . . . . . . . . . . . . . . . . . . . . . . . . £603 © tº e º 3615. . . . . . . . . . . . . . . . . . . . . . . . . . 6604 & © e. e. 3616. . . . . . . . . . . . . . . . . . . . ... ... 6605 º' e º 'º 3617. . . . . . . . . . . . . . . . . . . . . • e º a 6606 © e º 'º 3618. Amended . . . . . . . . . . . . . . 6609 © - © º 3619. . . . . . . . . - e o e º e e s e º e • e º 'º e e 6611 * @ e e 3620. Amended . . . . . . . . . . . . . . 6612 e - e - 3621. Amended . . . . . . . . . . . . . . 6615 © tº º s 3622. Amended . . . . . . . . . . . . . . 6616 tº º º º 3633. . . . . . . . . . . . . . . . . . . . . . . . . . 6618 tº º ſº e 3624. . . . . . . . . . . . . . . . . . . . . . . . . . 6623 tº e 3625. Amended . . . . . . . . . . . . . . 6624 • * * * 3626. . . . . . . . . . . . . . . . . . . . . . . . . . 6625 tº e 3627. . . . . . . . . . . . . . . . . . . . . . . . . . 6626 tº º 3628. . . . . . . . . . . . . . . . . . . . . . . . . . 6627 Q & © 3629. . . . . . . . . . . . . . . . . . . . . . . . . . 6628 o e 3630. . . . . . . . . . . . . . . . . . . . . . . . . . 6629 e 3631. . . . . . . . . . . . . . . e is º º tº e º 'º e o º 66.30 º 3632. . . . . . . . . . . . . . . . . . . . . . . . . . 6631 tº º 3633. Amended ... . . . . . . . . . . . . 6632 tº & 3634. . . . . . . . . . . . . . . . . . . . . . . . . . 6633 e e º e 3635. . . . . . . . . . . . . . . . . . . . . . . . . . 6634 tº e º º 3636. . . . . . . . . . . . • * * * e º 'º e e º e. e. e. e 6635 tº º e º 3637. e e º e º is tº e º 'º e º e e e e º 'º e º e e º 'º & 66.36 * * * * Rev. St. Sec. 3638. Amended Amended • * * c e e s - tº º e e e g º e e - e - © tº e e e • * * * * * * * * * * * * * * * e º e < e < e s e * * * e º e º 'º - e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e ‘º e a e e º 'º e s tº e s is e e e s e e s e s e e • * * * * * * * * * * * * e e e º e s e e s a s is • * * * g e = * * * * * tº e º e º e º 'º e º e s is * * * * * * * * * * * * * tº e e s a e º e e º ſe e • * * * * * * * * * * * e. e. e. e. e. e. e. e. e. e. e. e. e. * * * * * * * * * * * * * * * * * * * * e e s s a * * * * * * * * * * * * * * * * * * * * * * e s s • * * * * * * * * * * * e e s e e s e e º e e e e • e e º e - e. e. e. g. e. e. * * * * * * * * * * * * * * e s a e º e s s a e s * m e º e º sº e º e º 'º e a * * * * * * e º ºs e e º * * * * * * * * * * * * * * e s e e º e º e s e e * * * * * * * * * * * * * * * * * * * * e a e s e • * * * * * * * * * * s s a e e º s e e e s a s e • * * * * * * * * * * * s e e e º e º e e s e e a • * * * * * * * * * * * e e • * * * * * * * * * * * * * * * * * * * e º e º e • * * * * * * * * * * * * * * * * * * * * e e s e • * * * * * * * * * * * e s e º e s e e s a e s e • * * * * * * * * * * * e s e e s e e e s = e s e • * * * * * * g e e s e * * * * * * * * * * * * * s e e º e º e º 'º e º º * * * * * * * * * * * * * * * * * * * e º e e º e • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e * * * * * * * * * * * * * * * * * * * * * s e e s is * * * * * * * * * * * * * e º e s e e s e s e e e Amended Amended Amended * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e is e s tº e º 'º - º e º s s s e e e s e e e s s a & e º 'º e º e º 'º º e º te e º e º 'º º 'º tº e º 'º e e e s e e s e º 'º - e º e º 'º a s a e º e º e º e tº tº e s - - - - e º e º 'º e e a s e º e º e º 'º e º e º e º s = • * * * * * * e s tº tº dº e º 'º tº e s e s e • e º e º ºs e e º e º e º e This Compilation Sec. Page 6637 & © tº e 6638 tº e º 'º 6639 e e º e 6640 & © 2 e 6641 tº e º º 6642 tº & © e 6643 48 e º is 6644 * * @ e 6645 º º tº º 6646 tº e o 'º 6647 & © º Gº 6653 e e º º 6654 & © e e 6655 © tº e G 6656 tº º e ge 6657 e e º 'o 6659 © & e e 666.2 • * * * 6663 e ‘º e º 6665 • e > * 6666 * - e. e. 6667 * * * *e 6671 & tº "º º 6674 tº e º e 6678 º º e e 6681 e e º e 6685 tº e º e 6686 & © e e 6705 tº e º 'º 6708 © e º e 6709 º e º e 6732 * * * e 6.738 © º e e 6741 © e º e 6742 © e º º 6746 9 e º e 6747 tº º O © 6748 © e º sº 6753 - - - © • * * * 1080 6764 © tº º tº 6778 © & © º - - - - 1082 6781 e - e. e. 6783 - O - e 6784 do tº º - 6790 . . . . . 6793 © tº tº e 6794 tº e º e tº tº º º 1085 6798 • * * * 6799 © tº º º 6800 tº º º e 6801 e. e. e. e. 6808 -> - © tº 6809 tº º e e 6810 tº º º e 681.1 © tº tº e 6812 - * > * * e e g 1089 6813 Q & © e 6814 © & e e 6815 e - ſº e 6816 & © e e 6817 • Q e e 6818 º e º º 6819 © º gº a 6820 © e - e. 682]. © º º e 6.82% º e º o 10347 & © tº º 6832 tº ſº tº e 6837 e e s o 6838 e - © e 6839 tº º º & 6840 © & © tº 6842 e - e. e. 6844 e - e. e. 6845 - tº e e 6858 tº @ º º 6862 & © e ºn 6863 - © - e. 6865 tº e º 'º 6869 e - © e 6872 tº º º ge 6873 tº e º e 6874 - © e e 6876 - tº e <> 6877 © e º e 6878 tº ſº º gº 6879 e - e. e. 6880 - - - G 6881 ge º e e 6883 e e º e 6884 e e o a 6886 gº º e e 6905 © - - e. 6888 e e s e 6889 © tº º º 6890 © & © tº TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. 3738. Superseded . . . . . . . . . . . . 3739. e e º a s e e s e º e • e º e e s e e º e o e tº e 3740. . . . . . . . . . . . . . . . . . . • * e º e º e 3741. Amended . . . . . . . . . . . . º 3742. tº e º e e º e '• * * * * * * * * * * e & s e o e e 3743. Amended ........ tº e º e s e 3744. Amended . . . . . . . . . . . tº 3 e 3745. . . . . . . . . . . . . . . . . . . . . . . tº - e. 3746 - e. e. e. e. g. e. e. e. e. e. • e º 'º º e e * * * * * * * 3747 • * * * * * * c e e º e º e º e s e e s a e e • * 3748 tº º & © º e º 'º e Q º º sº tº • * 3749 e & © º º e º e s is e © - © 6 & © tº & © e º 'º - e 3750. tº º º te e s e º e º e º e º e e is a e s ∈ S. • * 375.1 e C & © e e º e s - - e e º e s a e º º e º 'º © º 3752 • * > 0 e º ºs e = e tº • e º e º s e º e º 'º e & e 3753. . . . . . . . . . . . . . . . . . . . . . . . e e 3754. . . . . . . . . . . . . . . . . . . . . . * e º º 8755. . . . . . . . . . . . . . . . . tº e º 'º e e © º e 3756-3822. Superseded ...... e 3823–3825. Superseded ... . . - e. 3826. . . . . . . . . . . . . . . . . . . e e s e o e e 3827. Superseded ........ • & O & 3828. . . . . . . . . . . . . . . . . . . . . . . . . . 3829. * * * * * * * * * * * * * * * * * © tº e º 'º - 3829. . . . . . . . . . . . • e º 'º e º e & © & • e º e 3830. Superseded .......... © o 3831. Repealed . . . . . . . . . e - © - e. 3832. . . . . . . . . . . . • * * g º e s tº e º e > & Cº. 3833. . . . . . . . . . . . . . . . . . . . . . . © º º 3834. Amended . . . . . . . . . . . . e 3835. Amended . . . . . . . . . . . . e e 3836. tº º º e º s e e s - © e º e º e a e > * > & © tº e 3837. Superseded .......... e G 3838. e e º e º e e º 'º e º e º e e e > * * * * * e 3839. e e º e º e s tº © º º e º a sº e º e e © º e º 'º e 3840. . . . . . . . . . . . . . . . . . . . . . . . © 3841. . . . . . . . . . . . . . . . . . . . . . . . • * 3842. © e º e º ºs e º e º e s - e s m s a tº e º 'º - e. º 3843. . . . . . . . . . . . . . . . . . . . . . . . º º 3844. . . . . . . . . . . . . . . . . . . . . . . . © º 8845. . . . . . . . . . . . . . . . . . . . . . 40 & © - 8846. . . . . . . . . . . . . . . . . . . . . . . . . e 3847. Amended . . . . . . . . . . . . tº e 8848. . . . . . . . . . . . . . . . . . . . . . . . © - 8849. . . . . . . . . . . . . . . . . . . . & e o 'º e e 3850. . . . . . . & e º 'º tº o º º tº e º e • * e º e º e 3851. . . . . . . . . . . . . . . . . . . . . . . . tº º 3852–3856. Superseded ...... 3857. . . . . . . . . . . . . . . . . . . . * * * ~ e e 3858. * * * * * * * * * * * * * * * g e is * * * * ~ * ºr 3859. Superseded ......... • 6 º' 3860. . . . . . . . . . . . . . . . . . . . . . . & e e 3861 e ‘º e º ſº e º e º e º ºs e º e º 'º e º tº e º & © tº 3862. . . . . . . tº e º 'º e º º e º e º e © tº e º 'º e e 3863. . . . . . . . . . . . . . . . . . . & © tº e º e 3864. . . . . . . . . . . . . . . . . . . . . . . . . . 3865-3866. Superseded ....... 3867. . . . . . . . . . . . . . . . . . . . . . . . . . 3867. . . . . . . . . . . . . . . . . . . . . . . . . . 3868. . . . . . . . . . . . . . . . . . . . . . . . . . 3869. . . . . . . . . . . . . . . . . . . . . . . . . . 3870. tº e º e is e º e º 'º - tº e º 'º e e º tº e - e. e. o 3871. • * c s e s tº e s - e - e. e. e. e. e. e. e. tº e º 'º - e 3872. Superseded ........... º 8873. . . . . . . . . . . . . . . . . . . . . . . * e - 3874. . . . . . . . . . . . . . . . . . . . . . . . e e 3875-3878. Superseded tº tº º º 3879. © º e º ſº º te e º 'º - - - - e º ſº º e º e & © - e. 3880. . . . . . . . . . . . . . . . . . . . . . . • * > 3881. Superseded ............. 3882. . . . . . . . . . . . . . . . . . . . . . . . © e 3883. . . . . . . . . . . . . . . . . . . . * & © ºn tº tº 3884. Superseded ......... & a tº 3885. . . . . . . . . . . . . . . . . . . . . . . © º e 3886. Superseded ......... * - C 3887. . . . . . . . . . . . . . . . . . . . . . . • & e 3888. . . . . . . . . . . . . . . . . . . . . . . * @ e 3889. . . . . . . . . . . . . . . . . . . . . . . . © tº 8890. . . . . . . . . . . . . . . . . . . . . . . . . e 3891. © º e º e º e s a tº a e º 'º e e g º e º e - e. • e 8892. . . . . . . . . . . . . . . . . . . . . . . . . e 3893. Amended ........... * * * 3894. Amended ............ © tº º 3895. tº º e º e º e º º º e º e º e tº e º e g º & e e 8896. . . . . . . . . . . . . . . . . . . . . . . . . e 3897. Superseded ............ 3898. . . . . . . . . . . . . . . . . . . * * * * * * * 3899. dº º e º º is e º 'º - * * * tº e e e is e º e º e tº º 3900. . . . . . . . . . . . . . . . . . . • * * * * * * 3901. . . . . . . . . . . . . . . . . . . . . . . • * > 3902-3904. Superseded ....... 3905-3908. Superseded ...... 3909-3910. Superseded . . . . . . . 3912. . . . . . . . . . . . . . . . . . . . . . . . . . 3913. tº º tº º is tº gº e º 'º e º e º ºs e º e & * * * * e e 3914. © º e º e º 'º e º & © e º e º e s tº dº e º e e - e. 3915. & © e º G & s e e º e - © tº º ºs e e º 'o • * * * * 3916. . . . . . . . . . . . . . . . . . . e e s tº e º e 3917. & © tº e e º ºs e º e o 'º e s º e s is e º e º ºs s e 3918. • * * * * * * * * * * * * * * * * * * * * * * * * This Compilation Sec. Page tº º e - 1104 10284 e e º 'º 10286 tº e º e 6892 tº e º e 10285 tº º 'º e 6894 © tº tº º 6895 - to º te & 6897 © e. e. g. 6898 - e. e. e 6899 tº e º e 6941 & © tº e 6942 tº º e e 6946 tº e º e 6947 tº e º e 6949 e e º e 6950 . . . . . 6.951 e - © tº 6952 © e º ºs tº º s e 1112 . . . . , 1137 7182 tº e e s * g º º 1137 7187 e e º e 7188 tº e º e 10349 tº e e e we s tº tº 1139 tº e s tº 1139 10400 tº º e ſº 7.192 * c e e 71.93 e tº º te 7.194 º e º ºs 7195 © e º 'º s e s - 1139 7197 & e º º 71.98 © º º & 7200 © º e e 720.1 © tº e e 7202 © e º & 7204 tº e º & 7205 • * ~ * 7206 & e º tº 7208 © e º c 7209 © e º E 7210 • * * * 7215 • e º e 7246 • a e e 10384 © º º ºs . . . . . 1141 7226 • . . . 7228 tº e e e gº up s is 1143 7230 e & e tº 7267 e & e ºp 7268 tº e º e 7269 tº dº e e 7270 - - - tº gº e º e 1150 7275 10357 © & © tº 7276 tº e º 'º 10368 e e º 'º 7278 • * e o 7279 - - - e. is º e - 1150 7281 * * e º 7282 tº e º ºs * * * * 1154 7329 * * g e 7334 & e º e g º e - 1158 7336 & e º is 7337 & a tº º tº e º e s 1158 7338 - G - e. e a e is 1158 10391 & © tº e 7339 e - e e 7340 e e º º 10365 & ſº e e 10365 e e º tº 10364 © º dº º 10381 © e º & 10383 tº ſº gº tº 7344 * tº e & 7345 & © tº e a * * * 1159 7346 tº e º tº 10377 7351 tº 7352 * tº t e tº º -> - 1159 e is e e 1160 e s = - 1161 7365 tº ſº tº is 7366 tº º º º 7367 tº ºr tº º 7386 © tº e e 7389 * - C & 7393 tº e º e 7398 © º e ∈ 7399 • . . . . [Page 1812] Rev. St. Sec. 3919. • e º e º ºs e - e º e º e e º e º e º e º º e º tº 3920. © e º 'º º e º 'o - tº e s tº s e e s e e & e s tº e & 3920. º e º s e e º e e º e e s e e g º e e e º ſº e º º 3921. . . . . . . . . . . . . . . . . . . tº e º e º ºs e 3922. . . . . . . . . . . . . . . . . . . . . . . . e - 8923. . . . . . . . . . . . . . . . . . . © & © tº º e ºl 3924. e s e e º 'º e º e º e º te e º e e e tº e s tº e e 3925. . . . . . . . . . . . . . . . . . . . . . . * e e 3926. Amended ......... • e - © tº 3927. . . . . . . . . . . . . . . . . . . . . . . - e. e. 3928. Amended . . . . . . . . . . . . . . 3929. Amerided . . . . . . . . . . tº e º º 3930. . . . . . . . . . . . . . . . . . . . . . . . e - 3931. . . . . . . . . . . . . . . . . . . . . . . . . e 3932. . . . . . . . . . . . . . . . . . . . . . . - e º 3933. . . . . . . . . . . . . . . . . . . . . . - © e º 3934. . . . . . . . . . . . . . . . . . . . . . . . © º 3985. . . . . . . e tº º e º e º 'º e º e º e º º & º e e 3936. . . . . . . . . . . . . . . . . . . • * * * * * e 3937. . . . . . . . . . . . . . . . . . . . . . . . . . 3938. Amended . . . . . . . . . . . . . e e 3939. Amended ...... we e º - e º e º 3940. . . . . . . . . . . . . . . . . . . . . . . . . º 3941. Superseded ........... º 3942. . . . . . . . . . . . . . tº e º e º 'o - © © e º e 3943 * & © & & © tº º ſº e º 'º e º is tº e º e º 'º - © tº º 3944. tº e º e º e e º º e e e s e s e a e e º e º sº e e # *. Superseded ....... 947. . . . . . . . . . . . . . . . . . . . . . . . . . 3948. Amended ....... tº e º e º e e 3949. Amended . . . . . . . . . . . . . e 3950. . . . . . . . . . . . . • e e s e e s e o 'º' tº e º 3951. Superseded ............ 3952–3954. Repealed . . . . . . . . . . 3955. Amended . . . . . . . . . . . . . º 3956. * e e s is e s e e º a s e º ºs e e º e tº tº e º 'º e sº 3957. . . . . . . . . . e e º 'º is a tº gº º tº e º 'º e e º 3958. e G e e G tº e º e º ºs e g º O & e tº o • e - 3959. . . . . . . . . . . . . . . . . . . * * * * * * o 3960. . . . . . . . . . . . . . . . . . . * @ e º is e e 3961. . . . . . . . . . . . . . . . tº e º sº º 'º º e º º 3962. . . . . . . . . . © tº G & e º & & e © º e º e º e 3963. . . . . . . . . . . . . . . . tº $ tº e º 'º - e. e. e 3964. . . . . . . . . . . . . . . . . . . • * * * ~ * º 8965. . . . . . . . . . . . . . . . . . . . . . . . . . 3966. . . . . . . . . . . . . . . . . . . . . . . . • * 3967. . . . . . . . . . . . . . . . . . . . . . • e º e 3968. . . . . . . . . . . . . . . . . . . tº & © tº e º e 3969. . . . . . . . . . . . . . . . . . . . . . • * * * 3970. e e º ſº e º e > • e e s = e s e e s e e s - e. e. e 3971. . . . . . . . . . . . . . . . . . . . . . . . . º 3972. . . . . . . . . . . . . . . . . . . . . . . . . . 3973. º e º º & & © e º 'º e º 'º º is e º 'º dº e º e º 'º e 3974. e e º ſº e º 'º - © e tº dº e º e º º • * * * * g e 3975. . . . . . . . . . . . . . . . . . . . . . . . . º 3976. Repealed .......... o e º E 3977. . . . . . . . . . . . . . . . . . . . . tº º ºs e e 3978. e e e º e º 'º e º 'º - sº e g º º e º e - e. e. e. e. e. 3979. . . . . . . . . . . * * * * * * * * * * * * ~ e e 3980. . . . . . . . . . . . . . . . . . . . . . . . . & 3981. . . . . . . . . . . . e e a e º e º 'º - e º e e e 3982. . . . . . . . . . . . . . . . . . . . . . . . . e 3988. . . . . . . . . . . . . . . . . . . . . . . . . . 3984. . . . . . . . . © tº e s is e e e s tº e - • e º e ºn 3985. . . . . . . . . . . . . . . . . . . . . . . . . º 3986. . . . . . . . . . . . . . . . . . . . . . . . . © 3987. e e º e º 'o e º 'º e º e º e e * * * * * * * * * @ 3988. e is © tº º e º 'o e º e º e g g g g º e º 'º e º ºs º 3989. © e º e e º 'º - - - e. e. e. e. e. e. e. e. e º e º e • e 3990. . . . . . . . . . . . . . . . . . . . . • e º 'º & 3991. . . . . . . . . . . . . . . . . . . . . © º ºs e > 3992. • e º 'º e º 'º e º e º e º sº e º a º © tº * * * g e 3993. . . . . . . . . . . . . . . . e tº º e º 'º - e. e. e. 3994. Amended ........... • * * 3995. . . . . . . . . . . . . . . . . . . . . • * * g e 3996. . . . . . . . . . . . . . . . . . . . . . . . . e 3997-3998. Superseded ...... e 3999. . . . . . . . . . . . . . . . . . . . . . . . . & 4000. 4 tº $ tº e º 'º - & © e º ºs e s is e e º ºs e º e e e 4001 • * * * * * * * * * * * * * e s e e e s e e s e e 4002. . . . . . . . . . . . . . . . . . . . . . . . . . 4003. . . . . . . . . . . . . . . . . . . . . . . . . . †º. Superseded ....... 6. . . . . . . . . . . . . . . . . . . . . . . . . . 4007. . . . . . . . . . © e. e. e. e. e. e. e. e. e. e. e. e. e. e. º 4008. e e e e s e º & © e º e e s e e s e. e. e. e. e. e. & 4009. . . . . . . . . . . . . . . . . . . . . . . . . . 4010. . . . . . . . . . . . . . . . . . . . . . . . . . 4011. . . . . . . . . . . . . . . . . . . . . . . . . . 4012. . . . . . . . . . . . . . . . . . . . . . . . . . 4013. . . . . . . . . tº e º e º e e s tº e º 'º e º & e e 4014. . . . . . . . . * * * * * g º e º 'º e º 'º - e s e 4015. e e º e º e º 'º e º 'º e º is e º e e e - e. e. e. e. e. 4016. . . . . . . . . . . . . . . . . . . . . . . . . . 4017. Amended . . . . . . . . . . . . . . 4018. . . . . . . . . . . . . . . . . . . . . • & © tº ºn 4019. . . . . . . . . . . . . . . . . . . . . . . . . e 4020. Amended . . . . . . . . . © tº e º e tº 4021. . . . . . . . . . . . © e º 'º e º e - © e º 'º e ºs 4022 tº e º e e º e e e º 'º e º 'º e º e º 'º - e º 'º º º 4023. e e e º ºs e e º 'º e º ſº º º e º e º ſº tº e º & © tº This Compilation Sec. Page 7401 © e º e 7402 e G & © 10378 e tº gº tº 7403 e e º e 10375 e tº º tº 10375 e dº º tº 10375 e e º º 10375 e & © tº 7405 e e º ºn 7408 e & © e 74.10 © & © º 74.1.1 tº e º ºs 7413 e dº º is 74.14 c g is tº 7409 • . . . 74.15 g s = e 7416 e e s e 74.17 e e º º 74.18 e º 'º e 7419 © tº ſº º 7420 e ‘º & © 7421 tº e º º 7422 © tº º º tº º 4 - 1167 7427 e e º a 7430 e e º e 7.432 * * * * & e - - 1168 10392 e e º 'º 7435 e e º 'º 7436 e tº e & 7437 e e º e e tº Q - 1169 e e tº 1170 7440 e e º & 7441 © tº e e 7442 tº º & tº 7443 tº e º ſº. 7444 tº G e º 7445 e e º º 7447 tº º tº e '7450 tº e º e 745.1 e tº a e 7456 e e s & 7458 e - e a 7459 tº dº e e 7460 e e º º 7461 tº a tº º 7462 tº gº e º 7463 © º o º 7464 e ‘º e & 7.465 e e º ºr 7466 e & . & 74.67 gº º q 7468 tº e º 'º • 6 - - 1173 10370 e e o ºr 7470 © tº o tº 10358 & © tº e 74.71 tº e º 'º 10350 e ſº e us 10351 tº ſº tº e 10352 e e º e 10353 º ºg e is 10354 e ſº e e 10355 º e º º 7472 tº e º º 10374 tº º e º 7473 tº º e e 7474 e e º e 7475 & Q & © 10356 tº Q & e 7476 ge º e s 7477 tº e º e 10371 is e e e 10372 tº e s is & © - - 1176 7478 tº e º e 7480 ..... 7482 , a e s e 7483 © tº ſe a 7497 e a e e -> - - - 1182 7524 e is e e 7525 e e º e 7526 © e º e 7597 º º e e 7528 e tº e e 7529 e tº gº tº 7541 e º E tº 10399 tº e º º 7542 tº e º e 7543 e ſº e ºs 10373 e G tº e 7547 e e º e 7550 e tº º º 7551 • * * * 574 tº tº e e 7544 tº e º e 7545 tº e º e 7546 © & © tº Rev. St. Sec. 4024-4025. Superse © C tº e º º º 4026. & e º e s e e p e e s e ed *..:::::: 4027. * * * * * * * * * * * * e s e e º e º e o ºs e e g 4028. Amended .............. 4029. • * * * * * * * * * * * * * * * * e º e a e º sº e 4030. * * * * * * * * * * * * * * * * * * * * * * * * * 4031. * * * * * * * * * * * e * * * * * * e e s e s e e 4032. Superseded ............ 4033. Amended ...... • * * * * * e ºs 4034. Amended ........ • * * * * * 4035-4036. Repealed ...... © tº gº 4037. Amended ........ © tº º e º e 4088. . . . . . . . . . ....... • * * * * * * * * 4039. Amended .............. 4040. Amended .............. 4041. Amended .............. 4042. . . . . . . . . ........ * * * * * * * e e 4943. . . . . . . . . . ................ 4044. Aménded .............. 4946. . . . . . . . . . . ............... 4046. . . . . . . . . ........ e - © e - e. e. e. & 4046. . . . . . . . . . ...... tº tº e º 'º - e. • e º 4047. Superseded ............ 4048. Repealed ............. 4049. .................. © & © e º º e 4050. * * * * * * * * * e s s e e e s º e s e e e º s tº 4051. tº e * * * e o e s e s e s m e º e s a e e e 4052. e e º e º 'º e º e e s e e * * * * * * * * * * c º 4053. * * * * * * * * * * * e s s e e s a e s a • e o e 4054 * * * * * * * * * * * * * * * * * e º a e º e e is 4055. º * * * * * * * * * c e s sº * * * * ~ * tº e 4056. © e º e º º e º 'º e s e º e s e e s a e © º º tº e 4057. * * * * * * * * * * e s e e e e e e s tº tº e - © tº A058. * * * * * * * * * * * a s a a e s e e © a e º e e 4059. . . . . . . . . . . . . . . . . . © & © e º 'º tº e 4060. * * * * * * * * * * e e s = e o e º e © tº e º º º 4061. . . . . . . . . . . ....... * * * * e e s e 4062. ....... * * * * * * > e º e s e o a • ‘º e e 4063. e e º 'º e s e e • * * is a e º e s e º e º a º 4064. tº * * * * * * * * * e º e º e s e e e • * g º e e 4065. e • * * * * * * e º 'º e º 'º e º e e º ºs 4066. . . . . . . . . . . . * * * * * tº e e º 'º e º e e 4067. Amended .............. 4068. . . . . . . . . . . . ........ e - e º G is 4069. . . . . . . . . . . . ........... e G & 4070. • & © tº e º e º 'º e e e s a e e g º e • * e º ºs e 4071. dº º ºs e º 'º * * * * * g e * & © © tº © tº e º 4072. & e º 'º º º e º 'º e º 'º e º te © o & © tº e - tº e 4073. e e º ºs e s tº e º 'º e º e s e e º e tº e º e º e e 4074. . . . . . . . . . . . . . . * * * * * * * e & e is 4075. Amended .............. 4076. Amended ....... - e º is e º º 4077. * * * * * * * * * * * * e º 'º e º e • * * * e tº 4078. Amended ....... e & © tº e º ºs 4079. . . . . . . . . . . . . . . . . . . . . . . . . » 4080. . . . . . . . . . . . . . . . . . . • * ~ * g e is 4081. . . . . . . . . . . . . . . . . . . Q & © e º e º 4082. e tº e º e - © tº e º e º e º e º e - tº e º 'º º º sº 4083. . . . . . . . . . . . . . . . . . . . . . . . . . 4084. . . . . . . . . . . . . . . . . . . . . . . & ſº tº 4085. . . . . . . . . . . . . . . . . . . . . . . . ſº 4086. tº e º ºs e º e º e e s tº e e e tº e - - - e. e. e & 4087. ...... • * * e ºs e e º e º e º e tº e º ºs e e 4088. tº º e º 'º e º 'º - e. tº e º e s tº e e - © e e ºs g 4089. . . . . . . . © tº e º 'º º e º ºs º º - e º º e tº e 4090. tº tº $ tº º tº tº º ºr e º t e º e º 'º - tº 40 & tº 4091. . . . . . . . . . . . . . . . . . . © tº e º 'º e 4092–4096. Superseded & e e 4097. . . . . . . . . . . . . . . . . . . . . . . . . . 4098. . . . . . . . . . . . . . . . . . . • e º e º º e 4099. © tº e º e º 4 tº e º 'º e º ºs e tº e º © tº Q & tº º º 4100. . . . . . . . . . . . . . . . . . . . . . . . . . . 4101. . . . . . . . . . • . . . . . . . . © e º 'º e º tº 4102. e e º ºs e º e º e º 'º e g s = e º e ^ - e º 'º tº tº 4103. . . . . . . . . . . . . . . . . . . . . . . . . . 4104. . . . . . . . . . . . . . . . . . . . . . . . . e 4105. . . . . . . . . . . . . . . . . . . . . . . . * @ 4106. . . . . . . • * * * * * e º 'º e º 'º tº º o e º e tº 4107. . . . . . . . . . . . . . . . . . . . . . . . e e 4108. . . . . . . . . . . . . . . . . . . e e e º 'º e & 4109. . . . . . . • e s e º e s e s s e e º e º e a s te 4110. . . . . . . . . . . . . . . . . . . . • e º e s tº 4111. . . . . . . • sº e s e e º is ºn tº e º e º e s e & e 4112. . . . . . . . . . . . . . . . . . . . . . . . . g 4113. & tº e e e s e s is e º e s s > * * * * * * * © º 4114. . . . . . . . . . . . . e e g º e e s - e. e. e. e. g. 4115. . . . . . . . . . . . . . . . . . . . . . . . . . 4116. . . . . . . . . . . . . . . . . . . . . . . . . º 4117. . . . . . . . . . . . . . . . . . . . . . . . . * 4118. . . . . . . . . . . . . . . . . . . . . . . . . e 4119. e e º e º e º e º e º e s tº º • e e s a e & tº e e 4120. . . . . . . . . . . . . . . . . . . . . . . . . . 4121 g º g º e º e º e s tº e s e e º 'º e © º e º 'º e º 4122. . . . . . . . . . . . . . . . . . . . . . . . . . 4123-4124. Superseded tº º º 4125. • e tº e º e º 'º e º e e º e º 'º e º 'º e º 'º tº º c 4126. . . . . . . . . . . . . . . . . . . © tº e º e º 'º 4127. Amended . . . . . . . e - e. e. e. e. e. 4128. . . . . . . . . . . . e e g º ºs º º e º e º e º 'º 4129. e e º e º e s e º e º e e º ſº tº e º & © e º 'º e e This Compilation Sec. Page e tº º tº 1.188 7552 tº e º ºs 7553 tº º sº e 7554 © & © e 7555 e ºr e º 10380 e º 'º e 7556 e & G & • * * * 1189 7561 º ºg tº e 7562 º ºg & © s & tº ſº 1190 7565 gº tº e - 7567 tº º º e 7568 C & © º 7569 & © e e 7573 * G - e. 7574 tº tº gº tº 7575 e & © tº 7576 º e º e 7577 e C tº e 7578 º 10395 e e º 'º tº º & Gº 1.191 - - - - 1.191 7598 & e º a 7599 tº @ Q & 7600 e G e e 7602 e e º e 10395 * G tº p 7603 7604 tº º º º 7605 • e º e 7606 tº e º e 7607 © e º 'º 7608 tº e º º 7609 e e º & 7423 e tº e s 7610 tº ſº e e 7611 * * g e 7612 tº º e e 76.13 & º º º 76.14 & © tº e 76.15 © tº e e 7616 e e º e 76.17 tº tº e & 7618 & e º e 7619 tº º e e 7620 © e º e 7621 tº dº e e 7622 e e º e 7623 tº ſº e e 7624 gº º is e 7627 tº tº gº º 7628 tº tº e e 7629 e e º 'º 7630 Q & © e 7631 e tº e e 7632 & is a tº 7633 tº gº tº º 7634 tº $ e º 7635 & © e e 7636 © & e e 7637 • * g e 7638 tº tº e e 7639 © & © & 7640 tº e º e 7641 tº ſº tº e • e - © 1202 7642 e e º a 7643 e G & © 7644 * @ º º 7645 tº dº º ºs 7646 ſº 7647 e e is e 7648 tº e º º 7649 tº & © º 76.50 e 7651 tº ſº tº º 7652 & e º º 76.53 e e º e 7654 e e º e 7655 • . . . . 7656 tº º tº º 7657 tº dº tº ºr 7658 ºn tº º º 7659 e e º e 7660 o 7661 e 7662 * * g e 7663 tº ſº º e 7664 e - © tº 7665 & 7666 º 7667 tº tº º e - - - - 1205 7669 is tº to e 7672 e 7673 e dº º a 7674 tº & e e 7675 & e º 'º TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. 4130. Amended 4131. Amended 4132. Amended * c & G & Q & -º G & © tº e e Repealed Amended * * * * * * * * * e º 'º e º e º ſº gº tº g tº e º gº e Amended Amended & s e s tº e o 'º e º 'º e º ºs e º e º 'º e º e º & tº g g tº e º º e º ºs e º e º G & º ºs e º e º 'º e º e tº tº e º e º & e º e º e º ºs e e º e º e º e º e ºs e ‘º e º e º sº e º e º e tº e e s e e º e e s s e e Repealed Amended ... • * * * * * * * * * * * * * * * * * * * * * * * * * a s e e s e e s e e º e º e º e e s s e º e º e & Superseded . . . . : e e º e e Amended Amended Repealed e g º e º * … & © e º 'º º e e e Amended is a tº e º ºs e º º 'º e º 'º e s tº Amended 4227 . 4228. Amended 4229. . . . . . . . . . . . . . . . . . . . . . . . . . © & © tº e g º ºs e º & tº º ſº tº $ & tº º º s ſº e º e ge e g º ſº tº 4 g º e º ſº tº tº e e e º º e º 'º e s e e s s a This Compilation Sec. Page 7676 tº ſº tº gº 7707 tº tº e º 7709 & © tº e tº ſº gº tº 1219 7714 e º tº º 7714a, * @ Tº º 7715 & e º 'º 7716 * @ e ſº 7717 tº e º 'º 7718 © º º 7719 e tº º ſº 7720 tº e º 'º 7721 e sº e . 7722 tº ºi º e ge & gº e 1220 7723 e e & 7724 * * tº º 7725 e e º ºs 7726 © tº e D 7727 • e • * 7728 tº gº º & 7729 tº º tº e 7730 tº e º 'º 7735 9 & © 7736 is tº º & 7737 e e º & 7738 tº tº º º 7739 tº e º 'º 7740 & ſº e & 7741 © C & Gº 7742 © tº º º 7743 tº e g tº 7744 {e º º tº 7745 tº & © tº e tº ſe tº 1225 7747 e tº ſº º 7748 © e º 'º 7749 tº e º º 7750 tº gº º ſº 7751 * 7752 * G tº º 7753 7754 tº º e tº 7755 ſº tº gº tº & e º tº 1226 7756 tº tº º º 7757 tº º 7758 © º 7762 • * * * 7765 e e e º 7766 © tº ſº tº 7767 e e 7768 tº º ſº º 7769 tº º e e 7770 tº e º & 7771 gº e º is 7773 tº e º ſº 7774 e tº gº 7775 tº gº º 7776. . . . . 7777 tº º º º 7778 tº e & 7779 tº º º tº 7780 e e º 'º 7781 tº e e & 7782 * @ e 7789 & e º ſº 7790 tº º ſº 7791 © tº tº º 7792 e º º 7793 e e º tº 7794 gº tº º ve * * * * 1230 7795 tº e º e 7796 e e º º 7797 e e º e 7798 tº gº tº c 7799 go tº e > 7800 tº gº º 7801 tº º º 7802 & e º e * * * * 1231 7803 tº gº dº & 7804 tº e º is 7807 * * * * tº e º ſº 1231 7809 e e º º 7810 e e º & 7812 * e º e 7815 tº º º º 7816 7817. g e º is & ſº e # 1233 7818 tº gº tº 78.19 tº 7820 ; : 78.25 tº e º 'º 78.26 § tº dº ſº 7897 7828 & tº º e tº ſº tº º 1235 IPage 1813] Rev. St. Sec. 4233. * * * * * * * * * * * * * * * e e e gº º ºs e º º º Rule 1. Amended ....... Rule 2. * = e º e e g º e e tº º e g º e º e Rule 3. ........... tº t e º º sº º Rule 4. • * * * * * * * * * * * * * * * * * Rule 5. ........... tº e º 'º e º 'º Rule 6. e tº * * * * * * * * * * e e º & © tº Rule 7. Amended ....... Rule 8. & º a tº º e º e º e º 'º e e gº tº e c Rule 9. . . . . .......... • * > Rule 10. ............ tº gº tº e e Rule 11. Amended ..... © Rule 12. ............. tº e º 'º Rule 13. . . . . . . . . . . . tº e º º ſº e Rule 14. Amended ...... Rule 15. Amended ...... Rule 16. Amended ...... Rule 17. Amended ...... Rule 18. . . . . . . . . . . tº e º g & sº tº Rule 19. . . . . . . . . . . e tº gº Rule 20. tº tº º tº dº tº e º ſº tº e e º e º 'º Rule 21. & © tº e º 'º e º & tº ſº tº º Rule 22. . . . . . . . . . . . tº e º ſº º tº Rule 23. . . . . . . . . . . . . . . . . sº Rule 24. . . . . . . . . . . . . . . . . . Rule 25. Amended....... Rule 26. Amended ..... º 4234. Repealed .......... * * > * 4235. . . . . . . . . . . . . . . . . . . . . . . . . . 4236 e e a e º e º e ºs e e is e º ſº e s & s e e º & & © 4237. e e º ºs e º 'º e e º 'º - tº e º e º e º e º e º & e 4238. . . . . . . . . . . . . . . . . . . . . . . . . . 4289. . . . . . . . tº e º is e s e º e s is e e tº e º 'º tº 4240. tº gº º te e º ºs º e º e º & e º & & © e º e º ſº tº dº 4241. . . . . . . . . . . . . . . . . . & e º ºs e * > * gº & tº gº 1253 e tº º tº 1343 8471 * * * * 7995 tº 7996 tº º ºs e tº e º º 1253 8016 . . . . 8017 e tº 8018 tº º 8019 gº tº 8020 tº e & 802.1 tº gº tº 8022 tº G 8023 tº tº E 8024 tº º a 8025 e 8026 e tº 8027 tº $ tº 8036 tº º ſº 8037 tº 9 tº & 8038 ſº tº º e 8039 tº e º º 8040 © º e ºs 8041 tº e º º 8042 * * * * 8043 © tº gº 8044 & Cº. # 8045 e 8046 tº tº º 8047 tº º 8048 tº º 8049 tº gº 8050 tº C. 8051 tº e 8052 tº e º º 8053 tº gº 8054 * * * e 8055 tº º is tº 8056 tº dº e s 8057 e gº e is 8058 * † tº e 8059 tº e º e 8060 & sº º º 8061 tº º º is 8062 © e º ºs 8063 tº º tº º 8064 e is tº e 8065 e e º º 8068 ge e º e 8069 tº º te e 8070 ſº tº e e 8071 * G tº * 8072 & Cº º gº 8073 tº gº º º 8074 * & E & 8075 tº e º is 8076 & & e g 8078 tº tº gº º 8079 © tº e ºs This Rev. St. Compilation Sec. Sec. Page 4331. e e º 'º e e s ,e e s e e º e s e s e e s e e a s e 8080 tº C tº ſº 4332. * * * * * * g º º & © e º e º e e e tº gº tº º 'º º º 8081 tº gº º º 4333. . . . . . . . . . . . . . . . . . . . . . .... 8082 tº ſº tº º 4334. • * * * * * * * * e e a e e s e s e e & & e º ſº e 8083 • * * * * 4385. . . . . . . . . tº º ºs & e º ºs e e º e º e g g tº . 8084 tº e º s 4386. . . . . . . . . . . . . . . . . . . . . . . . . . 8085 © tº gº º 4337. & © tº e º g e º ºs e e tº g º ºs e g is e e º e º ſº ſº 8086 tº º º e 4338. tº º e º e º e º 'º e º e º 'º e tº tº gº º g tº tº º ºs & 8087 Cº. ºº e º 4389. . . . . . . . . . . . . . . . . . . . . . . . . . 8088 tº º ſº º 4340. e tº e e © tº e º is tº e º ſº tº e g º tº gº tº º e º 'º 8089 tº º ſº e 4341. . . . . . . . . . . . . . . . . . . . . . .... 8090 © C e e 4342. . . . . . . . . . . . . . . tº e º ſº g º º ºr tº º . 8091 © e º e 4343. . . . . . . . . . . . . te e º 'º º & © tº º .... 8092 & e º e 4344. tº e º º ºs e º º & ſº tº ſº º 'º º º tº º º º 8093 © º ſº º 4345. . . . . . . . . tº º ºs e º e g o e º e g g tº tº $ tº 8094 & © gº e 4346. . . . . . . . . . . . . . . . . . . . . . . . . . 8095 tº e º e 4347. Repealed in part and *º- Superseded . . . . . . . * . . . . . . 1266 4348. Amended ............. ... 8100 tº e º de 4349. . . . . . . . . . . . . . . . . . . . . . . . . . 8101 * @ e tº 4350. . . . . . * * * * * * c e º e º e s e º s º e s tº 8102 & º e e 435 * * * > * * * * ſº º ºs e º e º ºs e º g º ºs e e s is tº 81.03 tº ſº gº º 4852. . . . . . . . . . . . . . . . . . . . . . . . . ... 8104 © º º ſº. 4353. . . . . . e gº e º 'º º ºs e e º e º ºs e e s e e * 8105 tº dº º º 4354. . . . . . . . . . . . . . . . . . . . . . . . . . 8106 e tº º e 4355. . . . . . . . tº - © tº $ tº e º 'º e e º g º ºs * * 8107 ge tº e º 4356. . . . . . . . . tº º tº e º ſº e º & © tº gº e tº e de 8108 tº º e e 4357. . . . . . . . . © tº & © e º ſº tº tº $ tº º e º gº tº e 8110 tº º º º 4358. tº ſº tº gº tº º º tº tº e º e o ºs e º e s e º ºs * 8111 to ºi º tº 4359. e e g º º e º e e e º ºs & e º & © e © 8112 ge e º e 4360. Amended e gº tº e º 'º e º $ tº 8113 tº º º e 4361. . . . . . . . . . . . e e s tº e º e e º ºs . . . . 8114 tº º sº º 4362. . . . . . . . . . . . . . . . . . . . . . . . . . 8115 e ‘º dº sº 43.63 tº º e º e e s tº e s > * * * * * e º e º e º sº gº e 8116 © º º e 4364. . . . . . . . . . . . . . . . . . . . . . . . . , 8117 © º º e 4365. . . . . . . . . . . . . . . . . . . . . . . . ... 8118 º e º is 4366. . . . . . . . . . . . . . . . . . . . . . . . ... 8119 tº gº º tº 4367. * * * * * * * * * * * * * * * * * * e s a e g o e 8120 tº e º º 4368. e tº gº º ºs º is ºf e gº º ſº º ºs e º e º is ºn tº tº e º 'º 81.21 tº dº º º 4369. . . . . . . . . . . . . . . . . . . . . . . . . ... 8122 & e e e 4870. . . . . . . . & © & © tº º e º & º ºs e g º e º 'º ... 8123 tº gº tº g 4871. . . . . . . . . . & © tº dº e º is e º ºs e e g º e e 8124 © & © [s 4872. . . . . . . . . tº e º e º ºs e º e º e º g º º ſº tº 81.27 * * * * 4373. . . . . . . . . . . . . . . . . . . . . . . . . . 81.28 tº gº tº e 4874. . . . . . . . . . . . . . . . . . . . . . . . . ... 8129 e e º ºs 4375. . . . . . . * * * * * * g e s tº º º tº gº e º 'º e fe 8130 e tº e e 4376 * * * * * * * * c e s e e º e o e s e º e º a sº º 8131 tº ſº tº º 4377 & e º tº £ tº e º 'º e g º e s a s e. e. e. e s is is e e 8132 tº e º º 4378. e e º 'o gº e º 'º e e tº º is tº e º a gº tº e s tº e º º 8133 • e o e 4379. . . . . . . . . . . . . . * * * * e º ºs e e g º e 8134 tº ſº º e 4380. . . . . . . . . . . . . . . . . . . . ... . . . . 8135 © º & e 4381. Amended .............. 81:36 tº º ºs p 4382. Amended . . . . . . . . . . . . 8137 © e & 4383. . . . . . . . . . . . . . . . . . . . . . .... 8142 tº e g º 4384. . . . . . . . . . . . . . . . . . . . . . . . . ... 8143 tº º gº tº 4885. . . . . . . . . . . . . . . . . . . . . . . . . . 8144 & º e g 4386-4390. Repealed ....... . . . . . . . 1273 . . . . . . . . . . . . . . . . . . . . . . . . . . 8147 tº te tº tº 4392. . . . . . . . . . . . . . . . . . . . . . . . . . 81.48 ". . . . 4393. . . . . . . . . . . . . . . . . . . . . . . . . ... 8149 {º Q dº º 4394. . . . . . . . . . . . . . . . . . . . . . . ... 8150 gº ºs º º 4395. Amended £ ſº & © tº gº & © & tº ſº ſº e 901 © º º º 4896. . . . . . . . . . . . . . . . . . . . . . . . . . 904 tº ſº tº tº 4397. . . . . . . . . . . . . . . . . . . . . . . . . . 905 tº º e e 4898. . . . . . . . . . . . . . . . . . . . . . tº tº dº tº 906 gº º e e 4899. . . . . . . . . . . . . . . . . . . . . . . . . . 8151 © ºn tº e 4400. Amended ...... ge º ſº tº e e 8152 © tº e 4401. . . . . . . . . . . . . . . . . . . . . . . . . . 8153 e s tº e 4402. Amended . . . . . . . . . . . . . . 88.155 gº ºs e e 4403. . . . . . . . . . . tº e º º s tº gº tº a º º 'º e º e 8156 & © º e 4404. Amended .............. #8157 ſº tº gº tº 4405. Amended . . . . . . . . . . . . . . 8159 tº ſe e is 4406. . . . . . . . . . . . . . . . tº º is tº ſº e º e º ſº 8160 tº gº tº g 4407. . . . . . . . . . . . . . . . . . . . . . . . . . 8161. tº @ º e 4408. . . . . . . . . . . . . . . . . . . . . . . . . . 8162 © e º 4409. Amended . . . . . . . . . . . . . . 8163 tº ºi º º 4410. Amended . . . . . . . . . . . . . . 8164 tº º & e 4411. . . . . . . . . . . . . . . . . . . . . . . . . . 81.65 tº ſº tº gº 44.12. . . . . . . . . . . . . . . . . . . . . . . . . . 8166 © º e º 44.13. . . . . . . . . . . . . . * & © tº dº e º te e º gº ... 8167 vº º ſº º 4414. Amended . . . . . . . . . . . . . . #8168 tº º sº e 4415. Amended . . . . . . . . . . . . . . 8170 tº º ſº e 4416. Amended * * * * e º e º e º sº 8171 tº º º e 4417. Amended ......... ... .. 8172 * @ e e. 4418. Amended .......... . ... 8173 © … gº tº 4419. . . . . . . . . . . . . . . . . . . . . . . . . . 8175 tº gº º º 4420. Amended tº º & e º 'º e g g º e S176 tº e º ſº 4421. Amended ......... . . . . . 8182 tº ſº e e 4422. Amended º e º e o e º ºs e e ... 8183 tº tº gº tº 4423. Amended .............. 8184. © tº º º 4424. Amended .............. 8.185 * @ º º 4425. . . . . . . . . . . . . . . . tº tº e º ſº e º 'º e & 81.86 tº G & © 4426. Amended ſº º 'º º 'º e º ºs e º E tº 81.87 tº º e e 4427. . . . . . . . . . . . . . . . © tº º is ſº e º e º & S190 & 4428. . . . . . . . . . . . tº ſº tº º º ſº º 'º e º e g g gº 819.1 tº gº tº º 4429. Amended ......... ... .. 8192 4430. Amended . . . . . . . . . . . . . . 8193 4431. . . . . . . . . . . . . . . . . . . . . . . . . . 8.194 *Appendix. TABLE OF REVISED STATUTE SECTIONS Rev. St. -- Sec. 4432. ..----------------------. 4433. • - - - - - - - - - - - - - - * g e º ſº e º 'º º º 4434. Amended . . . . . * c s ſº e º 'º & & 4435-4436. Repealed . . . . . . tº º º 4437. . . . . . . . . . . . . . . . . tº e g º e s tº º ſº 4438. Amended * * * * > * g e º 'º e º ſº wº 4439. Amended .............. 4440. Amended .............. 4441. Amended * * * * * * e º ºs e e 4442. . . . . . . . . . . . . ſº tº $ $º º te tº e º º * * * 4443. . . . . . . . . . . . . . . . . . . tº º ºs e º º tº 4444. . . . . . . . . . . . . . . . . . . . . . . . . . 4445. Amended .............. 4446. Amended º e º ſº e º ºs e º is e 4447. . . . . . . . . . . . . . . . . . e e e s tº e º ºs 4448. Amended .............. 4449. Amended .............. 4450. . . . . . . . . . . . . . . . . . . . . . . . . . 4451. . . . . . . . . . . . . . . . tº & gº º 'º gº a tº gº tº 4452. Repealed .............. 4453. Amended ............. ſº 4454. . . . . . . . . . . . . . . . . . . . . . . tº ſº tº 4455 tº dº º º e © & © tº tº tº gº º º g 4456 tº e s tº º 'º e º 'º e º ºs e º sº e tº e º ſº tº ſº tº * 4457. . . . . . . . . . . . . . . . . . . . tº gº & we gº º 4458. Amended .............. 4459. Repealed .............. 4460. . . . . . . . . . . . . . . . . . . . . . . tº & e 4461. Superseded ............ 4462. . . . . . . . . . . . . . . . tº tº e º e º ºs e º 'º 4463. Amended ..... tº e º ºs e º 'º a º 4464. Amended .............. 4465. Amended ........... tº tº º 4466. Amended .............. 4467. Amended .............. 4468. Amended .............. 4469. . . . . . . . . . . . . . . . . . . . . . . . . . 4470. Amended .............. 4471. Amended .............. 4472. Amended ............ e e 4473. . . . . . . . . . . . . . . . . . . . . . . . to e 4474. Amended .............. 4475. . . . . . . . . . . . . . . . . . . . . . . . . . 4476. . . . . . . . . . . . . . . . . . . . . . . . . . 4477. . . . . . . . . . . . . . . . . . . . . . . . . . 4478. . . . . . . . . . . . . . . . . . . . . . . . . . 4479. . . . . . . . . . . . . . . . . . . . . . . . . . 4480. Amended . . . . . . . . . . . . . . 4481. . . . . . . . . . . . . . . . . * * g g g is e º e 4482. . . . . . . . . . . . . . . . . . . . * * * * * * 4483. Amended .............. 4484. . . . . . . . . . . . . . * * * * g e º 'º e º 'º e 4485. . . . . . . . . . . . . . . . . . . . . . . . . . 4486. . . . . . . . . . . . . . . . . . . . . . . . . . 4487. . . . . . . . . . . . . . . . . tº tº gº tº £ tº º e & 4488. Amended .............. 4489. Repealed . . . . . . . . . . . . . . 4490. Amerided .............. 4491. . . . . . . . . . . . . . . . . . . . . . . . . . 4492. . . . . . . . . . . . . . . . . . . . . . . . . . 4493. . . . . . . . . . . * * g e º º ºs e º e º is tº e e 4494. & # * * * * * * * * * * g e º 'º gº e e º e º ºs 4495. . . . . . . . . . . . . . . . . . . . . . . . . . 4496. . . . . . . . . . . . . . . . . . . . . . . . . . 4497. . . . . . . . . . . . . . . . . . . . . . . . . . 4498. Amended .............. 4499. Amended . . . . . . . . . . . . . . 4500. . . . . . . . . . . . . . . . . . . . . . . ſº tº tº 4501. Amended .............. 4502. Amended ............. e 4503. . . . . . . . . . . . . . . . . . . . . . . . . . 4504. . . . . . . . . . . . . . . . . . . . . . . . . . 4505. . . . . . . . . . . . . . . . . . . . . . . . . . 4506. . . . . . . . . . . . . . . . . . . . . . . . . . 4507. Amerided .............. 4508. . . . . . . . . . . . . . . . . . . . . . . . . © 4509. . . . . . . . . . . * & © e. e. tº e º ºs º is tº e º gº 4510. . . . . . e tº e º e º is tº tº º & e º e º is e tº e tº 4511. Amended . . . . . . . . . . . . . . 4512. . . . . . . . . . . . . . . . . . . . . . . . . . 4513. Amended ......... © tº e º e 4514. . . . . . . . . . . . . . . . * g e º & tº tº e º e 4515. . . . . . . . . . . . . . . . . . . . . . . . . . 4516. Amended .............. 4517. . . . . . . . . . . . . . . . . . . . . . . . . . 4518. . . . . . . . . . . . . . . . . . . . . . . . . . 4519. . . . . . * * * * * * * * * * e s ∈ e e º a e s e 4520. . . . . . . . . . . . . . . . . . . . . . . . . . 4521. . . . . . . . . . . . . . . . . . . . . . . . . . 4522. Amerided . . . . . . . . . . . . © 4523. . . . . . . . . . . . . . . . . . . . . . . . . . 4524. . . . . . . . . . . . . . & e º 'º e º º & © s e e 4525. tº e º e º º is e e º e º 'º e º e º g tº © º e º ſº º 4526. Amended ..... tº e dº e s tº º tº tº 4527. . . . . . . . . . . . . . . . . tº gº tº gº tº e º e º 4528. e s e º sº e s m e º º is tº º tº e º e tº º º ºs ſº 4529. Amended . . . . . . . . . . . . . . 4530. Amended . . . . . . . . . . . . . . 4531-4534. Repealed ......... 535. e & e s tº e s e s tº t e º e > * - e º 'º e º e s gº This Compilation Sec. Page 8195 * tº e tº 8196 8197 * * * * tº gº tº º 1288 8199 tº e º & 8200 tº e º & 8201 te e º e 8202 tº º ſº tº 8203 tº gº tº gº 8204 ge tº e º 8205 • * * * , 8206 © tº º º 8207 tº e º ºs 8208 * * e e 8209 tº º ºs & 8210 & Cº. º. is 8211. © º a tº 8212 82.13 tº gº tº ſº • * g g 1290 8215 tº e º is 8216 tº e º s 8217 e tº gº º 8218 tº gº e e 82.19 tº e º e 8220 & ſº e is g e º tº 1291 8222 e e º & * * * * 1291 8224 tº 8225 e tº e ſº 8228 e e º ſº 8229 tº º e & 82.30 tº º º º 8237 tº gº tº º 82.38 tº gº tº tº 8239 tº e º de 8240 e is e e 8241 tº e º is 8242 * } @ tº ge 8243 tº º is us 8244 ge tº º is 8245 g; e º ºs 8246 tº e s e 8247 •º º 82.48 • * * * 8249 tº º tº e 8250 tº & E 8251 tº º tº e 8252 tº dº º ºs 8253 ge tº ſº tº 8254 tº e º e 8255 tº dº e is 8256 tº 8257 * . 8258 & e º is tº e º ºs 1303 8260 e e º ºr 8267 * > 8268 gº º ſº tº 8269 * & © a 8270 tº º tº º 8271. tº e º & 8272 © tº e º 8273 tº tº e gº 8274 • * * * * 82.75 ſº tº e a 8276 tº º te e 8287 tº ſº e e 8288 e tº gº º 8289 e tº ſº de 8290 tº e s e 8294 © e º 'º 8295 iº tº e a 8296 © & ſº º 8297 e e º º 8298 ge e º ſº 8.299 tº e º s 8300 gº tº $ tº 8302 tº º & e 8303 © 8304 e tº tº e 8305 Q 8306 º e º a 8307 © 8308 tº e º 'º 8310 & © tº º 8311 e e º 'º 8312 tº e º e 8813 tº º e e 8314 tº ſº º & 8315 © tº gº º 8316 tº e º º 8317 © º º ſº 8318 tº gº tº º 8319 tº º º º 8320 * 8322 tº & © e te e º ſº 1310 8324 tº e º 'º [Page 1814] |Bev. St. Sec. 4536. Repealed ... . . . . . . . . . . . . 4537 tº ſº tº e º e º is ſº e º ſº º e e º e g º e g º º ſº e 4538. * * * * * * * * * * tº e º e º 'º e e e & © º º 4539. tº e º 'º º ºs e tº e º te tº e tº * * * * * * * * * * > 4540. . . . . . . . . . . . . . . . • * * * * * * * * 4541. Amended . . . . . . . . . . tº ſº tº º 4542. Amended . . . . . . . . . . . . . . 4543 tº e º & & © tº $ tº e º 'º fº 4 e º ºs tº * G & e g º º 4544. . . . . . . . . . . . . . . . . . . . . . . . tº º 4545. Amended . . . . . . © tº e g º ºs e e 4546. tº e º e s & a e g º a tº º tº g e e tº tº gº tº 4547. Amended ...... * † e º 'º e e tº 4548. tº º is is tº e & e º ºs e º e º g g g ge tº tº e º ºs e e 4549. . . . . . . . . . . . . . . . . . . . tº e º 'º e º 4550. . . . . . . . . . . . * * * * * * > tº º ſº tº tº e ſº 4551. . . . . . . . . . . . . . . . . . . tº º s e g e & 4552. º º * * * * * * * * * * * * g e e º 'º º tº º tº º 4553. * * * * * * * e º a • . . . . . . . . . . . . . . 4554. . . . . . . . . . . . . . . . . . . . © e º e º 'º 4555. . . . . . . . . . . . . . . . . . . tº tº e º e & & 4556. Amended . . . . . . . . . . . . . . 4557. Amended ........ tº tº e º º ſº 4558. Amended . . . . . . . . . . . . . wº 4559. Amended . . . . . . . . . . . . . & 4560. . . . . . . . . . . . tº e º e º e º ſº tº e º 'º º e 4561. Amended . . . . . . . . . . {..} & © tº 4562. . . . . . . . . . . . . . . * * * * * * g e º ºs e 4563. . . . . . . . . . . . . . . . . . . tº º ºs e º a © 4564. Amended . . . . . . . . . . . . tº e 4565. . . . . . . . . . . . . . . . . . * * g g is º º § 4566. Amended .. tº $ tº e º ſº tº 4567. . . . . . . . . . . . . . . . . . . tº º e º 'º º e 4568. Amended . . . . . . . . . . . tº º ſº 4569. . . . . . . . . . . . . . . . . . . . . . . . . º 4570. . . . . . . . . . . . do tº e º & m e º e º e º e e 4571. . . . . . . . . . . . . . & Cº. ºº e º tº & © tº º º º 4572. Amended . . . . . . . tº e g º 'º 4573. . . . . . . . . . . © tº e º ſº tº e º º & © tº º q & 4574. . . . . . . . . . . . tº gº tº e º 'º º ſº * * * * g e 4575. Amended . . . . . . . . . . . . . . 4576. Amended . . . . . . . . . . . . . . . 4577. tº e g º e º e º 'º e º 'º º tº gº ge e º & tº e & © & 4578. Amended . . . . . . . . . . . . . . 4579. . . . . . . . . . . . . . . • * * * * * * * * * * 4580. Amended . . . . . . . . . . . . . . 4581. Amended ...... * e e º ºs e 4582. Amended tº º e e º 'º 583. Amended . . . . . . . . . . . . . . 4584–4587. Repealed ..... tº ſº º º 4589–4590. Repealed ......... (e 4591. . . . . . . . . . . . . . . . . . . . . . . . . * 4592. . . . . . . . . . . . . . . tº e º 'º g tº 4593. Superseded .......... 4594. . . . . . . . . . . . . & e º e e g º ºs e º e º e 4595. & e º e º e º sº e & e º ºs º ºs º e º e º 'º e º e º 4596. Amended e is e º 'º º ºs e º e ºs 4597. Amended . . . . . . . . . . . . . . 4598–4599. Repealed .......... 4600. Amended . . . . . . . . . . . . . . 4601. Repealed . . . . . . . . . . . tº e e 4602. . . . . . . . . . . . . . . . tº gº e º 'º e de e & 4608. . . . . . . . . . . . . . . . . . . . . . . . . . 4604. . . . . . . . . . . . . . . . . . . . . . . . . . 4605. Amended ............... 4606. e e s a s w = * * * * e e s = e, e. e. * * * * * * * 4607. Amended .............. 4608. . . . . . . . . . . . . . . . . . . . & e º 'º' 4609. Repealed ........... tº º tº 4610. . . . . . . . . . . . . . . tº e º 'º e º e º e ºs 4611. Amended ............... 4612. Amended . . . . . . . . . . . . . . 4613. . . . . . . . . . . . . . . . . . . . . . & © tº º 4614. . . . . . . . . . . . . . . . . . . . . . . . . . 4615. tº º g tº 4 g º e s tº s & e º 'º ſº º º ê tº e º ſº º º 4616. Superseded . . . . . . . . . . . . 4617. . . . . . . . . . . . . . . . . . . . & e º ºs e e 4618. . . . . . . . . . . . . . . . . . . tº sº gº ºn tº e º 4619. . . . . . . . . . . . . . . . . . . * & © tº e º e 4620. Repealed . . . . . . . . . . . . . . 4621. . . . . . . . . . . . . . . . . . . . . . . . . º 4622. . . . . . . . . . . . . . . . . . . . . . tº $ tº º 4623. . . . . . . . . . . . . . . . . . . . . . . . . e 4624. . . . . . . . * @ e º e º g e º e º 'º & e º e º º 4625. tº e g º e º e s e e s e º is e º is a tº tº gº tº ſº e e 4626. . . . . . . . . . . . . . . . . . . gº tº gº e e ºs ge 4627. . . . . . . . . . . . . . . . . . . & © e º & © & 4628. . . . . . . . . . . . . . . . . . . . tº gº e º gº & 4629. . . . . . . . . . . . . . . . . . . * : * * * * * * 4630. Superseded . . . . . . . . . . . . 4631. . . . . . . . . . . . . . . . . . . . . . . . . . 4632. . . . . . . . . . . . . . . . . . . tº & e º & gº º 4633. . . . . . . . . . . . . . . . . . . tº º sº tº e º e 4634. . . . . . . . . . . . . . . . . . . . . . . . . ſº 4635. Repealed . . . . . . . . . . . . . . 4636. . . . . . . . . . . . . . . . . . . tº dº e º 'º e ºs 4637. . . . . . . . . . . . . . . . . . . tº dº e e º 'º e 4638. . . . . . . . . . . . . . . . . . . tº º e º e e º 4639. . . . . . . . . . . . . . . . . . . . . . . . . . 4640. tº e º e º ºs e º e º ºs º ºs º º tº 9. tº 4641. gº tº e º ºs e º ºs e e e e º 'º e º e º ºs & e º e º 'º This Compilation Sec. Page * e º ſº 1311 8326 tº e º e 8327 tº gº © tº 8328 tº º ºs is 8329 tº gº tº e 8330 © tº e ºp 8331 tº º e e 8332 tº gº gº tº 8333 tº ſº tº tº 8334 * @ g tº 8335 e 8336 tº º e e 8337 e e º º 8338 tº º & © 8339 e ‘p tº e 8340 tº dº ſº e 8341 tº º ſº tº 8342 gº tº gº © 8343 e & © e 8344 tº º e gº 8345 tº º sº dº 8346 © º e ∈ 8347 tº gº tº e 8348 tº e º is 8349 tº tº º ſº 8350 © º 'º e 8351. tº tº gº º 8352 e tº º is 8353 © & © º 8354 & & gº 8355 tº $ gº tº 8356 & © tº e 8357 © & © º 8358 º ſº º º 8359 tº ſº tº gº 8360 º e º & 8361 tº ºn 8364 tº G º º 8365 e & 8366 tº ſº 8367 © º 83.68 tº º º º 8369 tº G & © 8370 tº ſº tº ſº 8371 © tº & 8372 tº tº tº gº 8373 tº gº 8374 tº e º º º, º º ºs 1319 8375 & E & tº tº e º º 1319 8376 sº e º s 8377 tº e º p tº s ſº tº 1319 8378 gº tº g tº 8379 tº $ tº e 8380 e e º is 8381 © tº º º * e º º 1320 8382 & & º gº tº a º º 1821 8383 tº $ tº e 8384 tº ſº º e 8385 tº gº º 8386 tº º gº s 8387 tº º º 8388 dº º ſº tº 8389 * tº º is e s t 1321 8390 * g e 8391 * & 8392 tº e 8393 e 8394 tº $ tº gº 8395 tº a ç ç. * & e & 1824 8397 * * g e 8398 * * * * 8399 tº ſº e & * s is & 1825 8400 dº tº gº tº 8401 e e º a 8402 tº º e e 8403 tº e º º 8404 • * * * 8405 • - - 8406 * * 8407 tº 8408 tº º e e * tº & # 1826 8409 tº ſº e ºs 84.10 e tº gº 84.11 * 8412 tº ºn e & e tº gº tº 1327 8413 • * g e 8414 * * * 8415 tº ſº. 8416 & e 84.17 tº ſº gº º 8418 tº º º º Rev. St. Sec. 4642. e e s e e º º e º 'º e º ºs e º e e s tº & © tº e º & 4643. Superseded ... . . . . . gº º tº e 4645. . . . . . . . . . . . . . . . . . . . . . . . . . 4646. . . . . . . . . . . . . . . . . . . tº º e º tº º e 4648-4649. Superseded ....... 4650. & e º º ſº tº e º e º & R e º e º 'º e * {} º e 4651. . . . . . . . . . * tº e º 'º º is & tº * * * * * * e 652. . . . . . . . . . . . . . . . . . . . . . . . . s 4653-4660. Repealed ........ tº e 4662. a g g g tº e e º 'º e º s is a g g g gº tº e º e º e e 4663-4667. Repealed ....... tº º tº 4668. . . . . . . . . . . . . . . . . . . . . tº e º e e 4669–4671. Repealed ....... tº º º 4672. e e º e º e º e e * e º ſº º e º ſº tº e tº e is e º gº 4673. . . . . . . . . . . . . . . . . . . © tº e º 'º e e 4674. . . . . . . . . . . . . . . . . . . * * * * * * * 4675. Superseded . . . . . . . . . . . . 4676. . . . . . . . . . . . . . . . . . . . . . . . tº º 4677. © tº e º is tº e º 'º tº e º e º tº a s tº e s is tº e º g 4678. . . . . . . . . . . . . . . . . . . . . . . . . . 4679. . . . . . . . . . . . . . . . . . . . . . . . . . 4680. . . . . . . . . . . . . . . . . . . . . . . . . . 4681. . . . . . . . . . . . . . . . . . . . . . . . . . 4682. . . . . . . . . . . . . . . . . . . . & e º º e e 4683. . . . . . . . . . . . . . . . . . . . . . . . . . 4684. . . . . . . . . . . . . . . . . . . . e e º e s a 4685. . . . . . . . . . * & © tº gº º 'º e º ſº * * * * * * 4686. tº º e © º & tº e tº º 4687. . . . . . . . . . . . . . . . . . . tº ſº e s is e e 4688. tº ºs e º 'º & s e e s e s is e e 4689. sº e º e s is e e º ºs e e s e tº e º º ſº º º e 4690. . . . . . . . . . . . . . . . . . . . . . . . . . 4691. Superseded ......... © & 4692. . . . . . . . . . . . . . . . . . . . . . . . . & 4693. . . . . . . . . . . . . . . . . . . . . . . . . . 4694. . . . . . . . . . . . . . . . . . . . . . . . . . 4695. . . . . . . . . . . . . . . . . . . . . . . . . . 4696 e e º e º e º e º ºs e º e º e º e º is tº * * * * * 4697. . . . . . . . . . . . . . . . . . . . e is us e º e 4698. e e º ſº º e e º e º se e s sº e s e e º 'º e s is as sº 46.98% e $ ſº e º 'º $ tº $ $ e º e º sº º ºs º e º e º 'º 4699. . . . . . . . . . . . . . . . . . . . * * * * g e 4700. . . . . . . . . . . . . . . . . . . . . . . . . . 4701. . . . . . . . . . . . . . . . . . . © º ºs e e s a 4702. Amended . . . . . . . . . . . . . . 4708. . . . . . . . . . . . . . . . . . . . . . . . . . 4704. . . . . . . . . . . . . . . . . . . . . . . . . . 4705. e e º e º e º e º e e s e º 'º e º e º e s e º e 4706. . . . . . . . . . . . . . . . . . . . . . . . . . 4707. . . . . . . . . . . . . . . . . . . . . . . . . . 4708. Amended ......... * & 4709. Repealed ......... gº tº º ſº 4710. e g g º e º ºs e s tº e º e º & © to ſº. e ‘º & © º e 4711. . . . . . . . . . . . . . . . . . . e e º s e º & 4712. . . . . . . . . . . . . . . . . . . . . . . . . . 4713. . . . . . . . . . . . . . . . . . . . . . . . . . 4714. Superseded . . . . . . . . . . . . 715. . . . . . . . . . . . . . . . . . . . . . . tº e e 4716–4717. Repealed ......... 4718. Superseded . . . . . . . tº & © 4719. . . . . . . . . . . . . . . . . . . . . . . . . . 4720. . . . . . . . . . . . . . . . . . . . . . . • * * 4721. . . . . . . . . . . . . . . . . . . sº e º sº * * s 4722. . . . . . . . . . . . . . . . . . . * * * * * * * 4728. . . . . . . . . . . . . . . . . . . . . . . . . . 4724. Superseded .......... tº º 4725. . . . . . . . . . . . . . . . . . . . . . . . . . 4726. . . . . . . . . . . . . . . . . . . . . . . . . . 4727. . . . . . . . . . . . . . . . . . . . . . . . . . 4728. . . . . . . . . . . . . . . . . . . . . . . . # e. 4729. . . . . . . . . . . . . . . . . . . . . . . . . . 4730. . . . . . . . . . . . . . . . . . . e e º e º º 4731. . . . . . . . . . . . . . . . . . tº º º is e º 'º 4732. . . . . . . . . . . . tº e º e ºs e º e º e º ºs º e 4733. . . . . . . . . . * e º ºs e º 'º e e e sº e º ºs e e 4734. . . . . . . . . . . . . . . . . . . . . . . . . . 735. . . . . . . . . . . . . . . . . . . . . . . . . . 4736–4740. Obsolete and Su- perseded. . . . . . . . . 4741. . . . . . . . . . . . . . . . . . . . * * * * * * 4742. . . . . . . . . . . . . . . . . . . . . . . . tº º 4743. Obsolete . . . . . . . . . . . . . tº gº 4744. Amended . . . . . . . . . . . , * * * 4745. Amended . . . . . . . . . . . . . . 4746. Amended . . . . . . . . . . . . . . 4747. . . . . . tº e º e º sº tº º e º te e is • s & e s e º 4748. tº ſº tº º ºs e º e º 'º e º ºs e º 'º * * * * * g e 4749. . . . . . * e º is e º is e º e º ºs e e º 'º is e º º 4750. . . . . . . . . . . . . . . . . . . . . . . . . . 4751. Repealed . . . . . . . . . . . . . . 4752. tº º e º e º 'º is ſº tº e º ºs e e º 'º º • * * * * * g. 4753. e e º 'º e º e e º e º 'º e º s g is to tº * 4754. . . . . . . . . . . . tº e e º ſº e º e º 'º & # e. g. 4755. . . . . . . . . . . . . . . . . . . . . . . . . . 4756. Amended . . . . . . . . . . . . . . 4757. Armenićied . . . . . . . . . . . . . . 4758. . . . . . . . . . . . . . . . . . . . . . . . . . 4759. e e º e º e e s is a e a e e s s a º e º e º e º a This Compilation Sec. Page 84.19 tº º ſº tº tº e º ºs 1327 8420 tº tº º º 8421 © tº e we 8422 tº gº º ºs 8423 tº º ſº tº tº ºp 9 & 1328 8424 tº º ſº tº 8425 tº e tº º 8426 . . . . & & tº º 1328 8436 º 8437 tº e & © * tº º ºs 1330 8438 ge tº e e * † tº E. 1330 8445 e 8447 º 8450 tº ſº tº e tº º is e 1331 8452 * tº ſº º 8453 © tº ſº º 8454 § tº º º 8455 º e º & 8457 tº gº tº we 8548 tº e º e 8551 tº gº tº e 8552 e g º º 8553 tº º e s 8554 & º gº gº 8557 C - e is 8558 tº º º º 8559 dº º º is 8561 e tº e is 8562 e & e º & © g & 1352 8933 § º ei º 8934 tº º & º 8942 & & © & 8944 tº ſº tº tº 8946 * * * * 8947 * * * * 8948 tº e º & 8973 tº º ſº tº 8974 & © tº s 8975 tº g º º 8976 dº º tº tº 8977 tº º º ſº 8979 tº e º 'º 8987 tº e º & 8988 tº º e º 8990 ge g º º 8991 tº º º e 8993 tº º tº º is a º e 1469 8997 § º 'º º 8999 e e º º 9000 gº 9001 g g º e tº dº º º 1470 9011 tº º e ºs tº º e º 1471 tº # 6 & 1471 90.18 º 9019 e e º 'º 9022 tº º 9023 tº e º e 9025 e & e e tº º gº gº 1472 9027 tº º ſº e 9028 & & gº & 9029 e e º e 9030 tº º 'º º 903 tº e tº gº 90.34 tº gº e e 9035 tº º º tº 9047 tº ſº tº 90.48 tº e º is 9049 tº e º º 90.51 tº t e a 1475 9068 * e º & 9069 tº e º E * * * * 1478 9073 tº º e e 9077 g 9079 tº gº tº º 9080 tº gº is e 9081 tº º is us 9082 tº e º a 9083 © e º e * * * * 1479 9084 & © tº e 9085 * … e. g. 9086 & © e ºs 9087 tº C & © 9088 tº gº tº ºr 9089 tº º º º 9090 * * * * 9001 tº e & º TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. °4760. 4761. 4762. 4766. 4767-4769. 4770-4 4774. 4775. 4780. 4781-4 4783. 4784. 4785. 4786. 4787. 4788. 4789. 4790. 4791. 4792. 4793. 4794. 4795. 4796. 4797. 4798. 4799. e e º te e º e º 'º e º e e e º e e s e e º e o e e Amended Superseded * * e - 773. Repealed ......... Superseded ....... tº e º O - Repealed .............. Superseded ........... º Repealed ............. º 782. Superseded ....... Amended . e s tº e º e s e Repealed ............. © tº Amended ... Amended Amended .............. Amendéâ’.............. Amended .............. * * * * * * * * * * * * * * * * e s e º 'º e º e e e e º e º e º 'º - e. e. e. e s e e e º e s e tº e - - Superseded ..... ....... mended .......... tº gº tº e Amended . . . . . . . . e tº dº e º 'º e e s e º a º e º e º e º e º s e s e º e º e º 'º e e º e e º 'º - e º 'º e º e s s e s e º e º e º 'º • * * * * * * * * * * * * * * * * * * * * * * * * e e s e a e - e º 'º e s e e s e s s e e e s = e <> This Compilation Sec. 9092 9093 9094. *9095 9696 9103 731 9105 9106 Page iáši i483 1482 1482 ił83 1483 1483 1483 1484 i495 • * * * 1563 IPage 1815I Rev. St. Sec. 4865. 4934. 4935. 936 4948–4971. * * * > * > * e e s e e e s e e e s e e e e e º a * * * * * * * * * * * e s e e e º e o e e e s e e • * * * * * * * * * * * * * * * * * * * * * * * * e e º & a ſº e - • * * c e e s e s - e. e. e. e. e. e. e. * * * * * * * ~ e e s e e s e e s e e s e e o e e Amendéâ’’.............. Repealed . . . . . . . . . . . . e O Amended .............. & E & e º & G - © e © e º ºs e º e º º ºs º & © tº e e e º e º e º e º ºs e s e º ºs e g º e º e º 'º e e tº e º e º e º 'º - e º º e º e º te & © e º 'º e º 'º Amended Amended . . . . . . . . . . . . . . Amended . . . . . . . . . . . . . Amended e e a s e º & e º e º e º 'º Amended .............. Amended .............. Amended • * * * * * * * * * * * * * Amended .............. Amended . . . . . . . . . . tº e o tº Repealed & e ge e º 'º e º º Superseded ......... © e - Amended . . . . . . . . . . . . . e Amended . . . . . . . . . . . tº º e Amended . . . . . . . . . . . . © - • a s e º º e º 'º - • e o e o e s e s • * * * * £4947. superseded ...... Superseded . . . . . . . 4972–5132. Repealed e e º 'º - tº e º e Amended .............. Amended'.............. Amended .............. superseded ............ Amended .............. Amended . . . . . . . . . . . . . . s e e º e º e º e s e º 'º e o e º 'º e e e o e e s e e s e s e e o e o e o e s e º e º e This Compilation Sec. Page 9353 tº e º 'º 9356 & e º º 9357 e e º e 9359 & © º e 9360 e - © - 9362 tº e º º 9363 º º e e 9364 © e º º 9365 tº º e tº 9366 e - © e 9367 Q & Q - e e s s 1513 9371 tº º º e 9373 e - © & 9374 tº ſº º º 9375 • e s e 9376 e - e. e. 9377 © º 'º - 9427 e - e º 9428 e º O © 9429 & © º -> 9430 © tº tº º 9432 º, e - © 9433 e e º - • e - e. 9438 e e º & 9439 . . . . 9440 . . . . 9443 .... 9444 . . . . 9445 . . . . 9446 .... iš28 9450 e - © e 945.1 e - © tº 9452 • * * * 9453 • e º e i5% 9459 e e º & 9460 . . . . 9461 e - © - 94.62 • * * * 94.63 * - © tº 9464 © º & © 9466 e tº º e 94.67 tº e º e 9468 e - © tº 9469 • e e e jºi ... #3 ... 94.75 • * * * 9478 • * ~ * 94.79 - - - - 94.80 tº & © - 9481 • e º e 9482 • e º - 9488 • e º - Rev. St. Sec. 5159. 5160. 5.161. 5162. 5163. 5164. 5165. 5166. 5182. 5183. Repealed .............. * > → e º e e e - e. e º ºs e e a e e º 'º e º ºs e e • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º 'º e º e e º e º e º e º e e e º 'o - • * * * * e e s e e s e º e º e º e º e * * * * * * * e e º e e º e e º e º ºs e º e º 'º º & & © tº ſº º tº º ſº e º º º e º e º º ºf e º º ſº - tº e e s ∈ e o e º e s e º e º ºs e e e e s e e o e e tº e e º e º & e º e e º 'º e º e º ºs e º e º ºr e ºs © tº a tº e º 'º e º e º 'º e º e º e de e e º 'o - - - • * * * * * * - e º 'º • e e s e º e º e º e º e e * * * * * * * - - e º e e e º e º e e e º e e º e Repealed Amended g is e e g g g º e º e º - © Amended .............. šić-5181. Repealed’......... Amended .............. 5253. 254. 255. 5256. 5257. g e º e a e e s - e. e º e º e s tº e e & e º a º Amended . . . . . . . . . . © - - - Amended . . . . . . . . . . . . tº e Amended ......... * * * c & Amended . . . . . . . . . . . e - © Amended . . . . . . . . . . . . tº e e Amended tº e º e º e º 'º e º e º 'º e e ‘e e º 'º - - - e e is a e e s e º 'º 2. • e º º Amended . . . . . . . . . . . . . . Amended . . . . . . . . . . . . . . Amended .............. Amended . . . . . . . . . . . © tº º Amended . . . . . . . . . . . tº e º Superseded e e s e s e s e º e º 'º tº e º 'º º º sº e º e º dº º º ſº e º ſº * * * * • * * e e e e º e a e º e º e º e s = * * * * * * * tº dº e e e º e º e e e s e º 'º e s e e s o e º e º s © e is s e º e º e º e e º e º e º ºs º e • * * * * * to e º 4 & © e e º e º e º s e º e º e º & & © & © e e º e º 'º e © tº e º 'º e - © • * * * * * * * * * * * * * * * * e e º e º e e e tº e s e º e º 'º e º e º is e s is e s ∈ e º e º º © ę & & º 'º - • * * > * * * * * * * * * * * * * * * * * * * * * * * * * c e º e s tº e s a e e º e e º tº º e º - © e º 'º e º ſº tº e is tº e º e º e º e º e e e º e < * * * * e s e s a e e e s e s e º e e e Amended . . . . . . . . . . . . . © * * * * * * * * * e e º e º e º e º 'º - e. e. e - e. º e º e º º º e º e º 'º e g º te e i e º e º 'º - * > º: º gº e º 'º º º e º ſº e & e * @ e tº Q tº º ºn tº • * * * * * * * * * * * * * * * * * * tº e º º e º e º & © e º is tº tº e º 'º º • e º e º e e e e e º e e º e º e s e e º e º e º 'º e - e. º e º e º e º e º e s tº e º e e º e º e º 'º - - - e e º e a e e s • e e s e e s e s e e º e º e º e This Compilation Sec. Page 1568 i570 • * * * išii išić 1576 e e e º • * * * * * * * * * * * * * * * 's s s e e s • e e e º is tº s º ºs º e º e º e º e º e g º ſº e º e º ºs tº º e º e º 'º - * * * * * * * e e s ſº e e º e º º e s e e s e s - e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. s tº e e º e º e < * * e e e s e e º 'º -- * * * * * * * e e e e s = e s e * & © tº e º 'º - - - - - - - - e. e. e. e g º º is º e e e º e o e º 'º e º e º s , e. e. e. tº e G & e º e is e º 'º e º t e a c e º e e o e 9345 1509 tº e º º tº e º e e & e e tº e º º • * ~ * tº e º e tº º e - e e º tº e º . . . . . . . . . . . . . . . . . . . Y9347 *Appendix. iš33 1538 1548 96.59 e - © - 9660 tº e - e. 9661 tº º º te 9674 tº º O tº 96.75 © tº º º 96.76 e e - e. 96.77 e - e. e. 9678 e - - - 9681 tº - - - 96.82 tº e º e 96.83 © e º º 9684 e - © tº 9685 • * ~ * 96.86 • e º 'º. 96.87 • . . . . 96.88 e - - - e = e tº 1566 96.90 e Q & ſº 96.91 tº tº º º 96.94 © C & º 9695 © o e - 9696 © e º '- 9697 © e - e. 96.98 © e º e. i533 TABLE OF REVISED STATUTE SECTIONS Rev. St. Sec. #264. e e s e º e e s e s a s e e e º 'º e º & e º e º is 5265. & eºs e º e s e s e e s e º e e s s e s e a dº º º 5266. s e e s e º e s e s e º e º e º s • e º 'º e º 'º º 5267. . . . . . . . . . . tº e º 'º º ſº tº ſº º e is ºs e º º 5268. . . . . . . . . . . . . . . . . . . º, e s tº tº $ tº 5269. Amended . . . . . . . . . . . gº tº º 5270. Amended . . . . . . . . & © tº e º 5271. . . . . . . . . . . . . . . . . . sº º e º s º º tº 5272. . . . . . . . . . . . . . . . . . . . . tº e º º 5273. . . . . . . . . . . . . . . . . . . . . . . . . e 5274. . . . . . . . . . . . . . . . . . . . . tº gº tº e º 5275. . . . . . . . . . . . . . . . . . . . . . tº e º & 5276. . . . . . . . . . . . . . . . . . . . . . . . . tº 5277. . e - e. e. e. e. e. e. e. e s tº s e º 'º º e & g 5278. . . . . . . . . . . . . . . . . . . . . . . . . ſº 5279, e e s sº e º ºs e º & © e º e º 'º e º 'º º s e ſº & & 5280. Repealed . . . . . . . . . . tº e º º 5281. . . . . . . . . . . . . . . . . . . . . . e e º 'º 5282. . . . . . . . . . . . . . . . . . . . . . . . tº tº 5283. . . . . . . . . . . . . . . . . . . . . . . . tº º 5284. Repealed . . . . . . . . . . . . . . 5285. . . . . . . . . . . . . . . . . . . . . . . . . sº 5286. ge e º e e s e e º e s º º ºs e e º dº e º e º e 5287. e e º ºs º e e º gº e e e e º e º 'º e º e º & ſº e © 5288. tº º e º e º e º e º e º s is e s & © e e e º is º ºs 5289. . . . . . . . . . . . . . . . . . . . . . . . * @ 5290. . . . . . . . . . . . . . . . . . . . . . . . tº ſº 5291. . . . . . . . . . . . . . . . . . . . . . . . . ſº 5292. Armended . . . . . . . . . . . . . . 5293. Amended . . . . . . . . . . . . . . 5294. Amended . . . . . . . . . . . . . . 5295. . . . . . . . . . . . . . . . . . . . . . . . . . 5296. . . . . . . . . . . . . . . . . . . . . . . . . . 5297. . . . . . . . . . . . . . . . . . . . . . tº e º e 5298. . . . . . . . . . . . . . . . . . . . . . . . . . 5299. . . . . . . . . . . . . . . . . . e º 'º e º e º & 5300. . . . . . . . . . . . . . * e º & © g º ºs e º it tº 5301. e º e º is a e º e º e s ſº e s e º ºs e º & & © & 5302. tº ſº tº e e º 'º º tº º * e º e s & s e e s c s > * @ 5303. . . . . . . . . . . . . . . . . . . . . . . . tº º 5304. . . . . . . . . . . . . . . . . . . . . . tº gº tº gº 5305. º ºg tº º e º 'º sº e º e º e º 'º º º ſº tº º & tº e º e 5306. . . . . . . . . . . . . . . . . . . . . . . . . . 5307. . . . . . . . . . . . . . . . . . . . . . . . . . 5308. . . . . . . . . . . . . . . . . . . . . . . . e & 5309. Amended . . . . . . . . . tº e º º & 5310. . . . . . . . . . . . . . . . . . . . . . . . . t 5311. . . . . . . . . . . . . . . . . . . . . . . . . . 5812. . . . . . . . . . . . . . . . . . . . . . . . . wº 5313. . . . . . . . . . . . . . . . . . . . . . . . . tº 5314. tº e º ºs e e º ºs e e º sº e º sº º ºs º & © tº sº e º º 5315. . . . . . . . . . . . . . . . . . . . . e is e º º 5816. . . . . . . . . . . . . . . . . . . . . . tº e º 'º 5317. . . . . . . . . . . . . . . . . . . . . . . . tº e 5318. e e º e º e º e e e s a s e º e º e º º ºs e º 'º º 5819. . . . . . . . . . . . . . . . . . . . . . tº ºs e tº 5320. . . . . . . . . . . . . . . . . . . . . . . . . . 5321. . . . . . . . . . . . . . . . . . . . . . . . . . 5322. . . . . . . . . . . . . . . . . . . . . . . . . . 5323. . . . . . . . . . . . . . . . . . . . . . . . . . 5324. . . . . . . . . . . . . . . . . . . . . . . . . . 5324. . . . . . . . . . . . . . . . . . . . . . . . . © 5325. . . . . . . . . . . . . . . . . . . . . . . . . . 5326. . . . . . . . . . . . . . . . . . . . . . . . ... 5327. . . . . . . . . . . . . . . . . . . . . . . . . ſº 5328. . . . . . . . . . . . . . . . . . . . . . . . . gº 5329. Repealed . . . . . . . . . . . tº º º 5330. . . . . . . . . . . . . . . . . . . . . . . . . g 5831. . . . . . . . . . . . . . . . . . . . . . . . . . 5332. . . . . . . . . . . . . . . . . . . . . . . * * * 5333. . . . . . . . . . . . . . . . . . . . . . . . . . 5334. tº º º ſº tº gº tº e º 'º e º & & e º º º º ſº e ſº e sº tº 5335. . . . . . . . . . . . . . . . . . . . . . . . . . 5836. . . . . . . . . . . . . . . . . . . . . . . . . . 5337. . . . . . . . . . . . . . . . . . . . . . . . . . 5838. . . . . . . . . . . . . . . . . . . . . . e e º a 5339. . . . . . . . . . . . . . . . . . . . . . . . . . 5339. . . . . . . . . . . . . . . . . . . . . . . . . . 5339. . . . . . . . . . tº e s is sº e º & e º e º e º 'º e 5840. . . . . . . . . . . . . . . . . . . . . . . . . . 5341. . . . . . . . . . . . . . . . . . . . . . . . . * 5842. . . . . . . . . . . . . . . . . . . . . . . . . . 5343. . . . . . . . . . . . . . . . . . . . . . . . . . 5344. Amended . . . . . . . . . . . . . . $345 s & e e s sº * * * * * * * * tº gº tº e º e º e º e de 5346. . . . . . . . . . . . . . . . . . . . tº º tº E tº ſº 5347. Amended . . . . . . . . . . . . . . 5348. . . . . . . . . . . . . . . . . . . . . . . . tº e 5349. . . . . . . . . . . . . . & & & e g g g tº e º gº tº 5350. e sº e º e º º ºs e º 'º e º º tº dº ſº e º e • * e 5351. . . . . . . . . . . . . . . . . . . . . . tº e º e 5352. Amended. . . . . . . . . . . . s tº e 5358. . . . . . . . . . . . . . . . . . . . . . . . . g 5354. . . . . . . . . . . . . . . . . . . . . . . . . . 5355. . . . . . . . . . tº tº dº º ºs e º e º e º 'º e º e g fi356. . . . . . . . . . . . . . . . . . . . . . . . . . 5357. . . . . . . . . . . . . . . . . . . . . . . . . 5358. . . . . . . . . . . . . . . . . . . . . . is e º º 5859. . . . . . . . . . . . . . . . . . . . . . . . . . 5360. . . . . . . . . . . . . . . . * * * e º e º ſº ºn tº This Compilation Sec. Page 100.73 e º 'º & 10074 tº º º e 100.75 tº dº º is 100.76 tº ſº º is 10077 tº tº º 100.79 tº e º & 101.10 e tº º º 10111 is e º e 10118 e tº e & 101.19 tº ſº tº º 10120 gº tº gº tº 10121 tº wº 101.22 tº e º º 101.23 tº gº tº e 101.26 gº tº º º 101.27 tº e º º ge º e g 1670 10173 tº e º º 10174 tº dº & 101.75 tº e º ºs & º º ſº 1670 10176 e is e & 10177 10178 º 10179 tº gº e 10180 & gº tº 10181. tº º e e 10182 • * * * i. 101.30 e e º º 101.31 tº º e e 101.35 & © tº gº 10137 * 101.38 e Gº & © 101.39 © 10140 e tº gº is 101.41 © & e is 101.42 ge & e ºs 101.43 tº e º e 10144 tº ſº e e 101.45 * * * * 101.46. e e º e 101.47 ge e º º 10148 10149 * 101.50 e tº º º 10151. • • * > . 10152 e º gº tº 10153 tº e º de 10154 e e º 'º 10155 gº tº e > 10156 * † e = 101.57 is ſº º is 10158 ge e º a 10159 tº gº e e 10160 •. tº gº è e 10162 gº e º º 101.63 tº gº tº e 10164 tº e º 'º 10506 tº e º ſº 104.76 tº gº tº dº 10508 " .... 10497 e 10498 o 10499 g 10500 * tº 9 e tº gº tº e 1727 10501 tº gº tº e 101.65 tº º & © 10166 tº ſº gº tº 10167 © tº º º 101.68 e - © e 10169 tº e º tº 10170 tº e º tº 10171 tº º º ºs 10172 gº 10445 e e º & 104.46 e tº e º 104.48 tº e e e 10505 tº º ºs e 10447 tº dº e tº 10450 • * * * 104.48 * > ... tº º 10455 tº e º ºs 10451 tº e º 'º 10449 e - º ºs 10464 tº a s tº 10456 ſº tº º te 10453 tº e º e 10454 ſº º gº e 10454 tº º ſº e 10486 tº º ſº º 10402 e e º º 10406 tº º sº e 10405 e e º º 10460 tº dº ſº tº 10461 tº º tº º 10470 ..... 10465 e Q & © 10466 © C g tº IPage 1816] Rev. St. Sec. 5361. 5362. 5363. 5364. 5365. 5366. 5367. 5413. 5414. 54:15. 5416. 5417. 5418. 5419. 5420. 5421. 5422. 5423. 5424. 5425. 5453. 5454. 5455. 5456, 5457. 5458. 5459. e e º e s e e e e e & e º º e º 0 & © & © & © º & e e º e e º e º e º e o is e e º te e º is © & © tº e e = e º O ſº gº tº º te e º ºs e º e º 'º e º & © tº e e e º e º gº e º ºs e e Amended Amended Amended * * * * * * * * * * * e e e e º e e º e º e s e e e e º e s e e º e e º 'º e º ſº e º tº e º e º ºs e e e e º ºs e e º e º ºs e s tº e º 'º e º e º ºs e e s e * * * * * * e s e º ºs e e º is a e s e º e e e º s tº º tº e º 'º º 'º e º e º a tº e º & & º e º tº º tº º * * * * g e s a g º e º ºs tº e º 'º dº e º 'º & ſº º tº e º e o e s = e º s e e s tº e º 'º e º e s e e º s e e º e s tº e s is e e º º º Amended e e e º e e º e s = & & © e º ºs º is e e º 'º e º 'º e e s e s e e º e s = e & e º 'º & e s e º 'º e º e * * * g º ºs e º e is $ # * * * * * e tº e º 'º e º e Amended & © tº dº ſº tº e º 'º e º tº º & gº º ºs e e g g g g s & & e º & º is & e s tº $ & © tº tº º e º sº tº e º 'º e º 'º e º te e e g º º ſº tº e º gº Amended Amendod e dº ſº º tº e º ſº e º 'º e º º e ſº gº e º e º is tº e º e º e This Compilation Sec. Page 104.71 tº ſº tº tº 10472 tº tº e G 10468 go º tº gº 10469 e ‘º gº º 10473 Q & © e 10474 © º e & 10474 e e s tº 10463 ge º 'º e 10467 tº gº tº º 10457 & & gº º 10475 e e º e * G tº ſº 1727 10477 e e º º 10478 * * g º 104.19 tº e º is 10420 © & º ſº 10421 e & ſº tº 10422 ge º 'º º 10423 ſº tº º º 104.24 © e g tº 104.25 gº tº e º 10425 ge º 'º e 10479 tº e º ºs 10480 tº tº tº 10458 gº tº º & 10459 $ º º 10459 tº e º e 10217 tº ſº º e 10485 e e is e 10316 • - - - 10462 & ſº º te 10295 e e º e 10296 gº tº tº e 10297 e gº tº a 10248 * * * * 1687. tº $ tº & 1688 gº tº ſº & 10310 tº º º e 10305 © º 'º e 10312 sº ſº e tº 10311 tº dº º e 10313 tº º ſº tº 10314 e º 'º º 10298 º e º wº 10305 tº º º e 10307 © tº gº e 10306 tº $ tº ſº tº º ºs e 1727 10299 tº e º ºs 10308 tº e º & 10309 tº º º º tº s is tº 1727 10317 tº e º º 103.18 tº tº gº tº 103.19. ę & © º 10.191 s 10231 ë & & e 10.192 tº ºn tº º 10300 & © e. g. 10241 tº e º e 101.93 tº º tº ſº 10.194 ſº º e e 10240 tº e º & 10244 tº e º 'º 10245 º, º ºs s 10246 e is ſº e 10506 tº º ſº tº 10247 tº tº gº º 10249 tº ſº, º is 10320 e e º a 10321 © º º is 10322 ſº º º ºs 10323 © & ſº tº 10324 tº e º ſº 101.97 ge º 'º º 101.98 © tº G & 10344 © º & 10196 tº e º e 10,199 tº tº gº tº 10200 e tº gº º 102.01 tº § º ºs 10202 tº º sº e 10238 * † tº º 10232 tº dº e e 10236 tº º gº tº 10237 ge º ſe tº 10239 tº e º º 10233 tº º ſº tº 10234 tº tº tº ºt 10301 gº tº º – 10281 tº ſº e & 10203 tº gº tº tº 10235 º, º e e 103.25 g 10.204 tº º g tº 10206 tº e º is 102.13 tº º º º 10333 tº e º 'º 10334 • • • * 10335 tº º tº e Rev. St. Sec. 5460. • e º e e e s e e s e s e e s e e s e e'e e s e 9 5461. tº tº e º ºs e e e is a e º ºs e e e º ºs e e º $ tº º & 5462. ** * * * * * * * * tº e º 'º e º & 6 tº ſº º tº tº e º ſº 5463. Amended . . . . . . . . . . . . . . 5464. . . . . . . . . . . . . . . . . . * * * * * * * * 5465. . . . . . . . . . . . . . . . . . . . . . . . . . 5466. . . . . . . . . * * * * e g º ºs e º 'º º tº tº ſº e tº 5467. . . . . . . . . . . . . . . . . . . . . . * e º e 5468. Repealed . . . . . . . . . . . . . . 5469. e e g º e º e º º g º ºs e º º tº º º ºs e º 'º & 5470. . . . . . . . . . . . . . . . tº ſº e º y º gº e º 'º 54.71. tº e º 'º tº e º 'º tº e tº º e º 'º e tº e º e º e º e 5472. . . . . . . . . . . . . . . . . . º ºg tº º tº ſº e e 5473. e tº gº º tº tº º e º g tº tº e is tº ſº e º e g º ºs 5474. ge e º º te e º e º ºs e º dº e º 'º e º º ºs e e g º ºs 5475. . . . . . . . . . . . . . . . . . . . . . tº $ tº º 5476. . . . . . . . . . . . . . . . . . . . . . tº e º ſº 5477. . . . . . * * * * e g º e º e º e º ſº º º tº e º ſº B478. . . . . . . . . . . . . . . . . . . . . . . . . g 5479. . . . . . . . . . . . . . . . tº º ºs º g º ºs e º we 5480. Amended . . . . . . . . . . . . ge e 5481. Amended . . . . . . . . . . tº e º ſº 5482. . . . . . . . . . . . . . . . . . . . . . . . . . 5483. . . . . . . . . . . . . . . © º gº tº e º 'º tº e º º 5484. . . . . . . e º e º e º e º e º º e º & 5485. . . . . . . . . . . . . . . . . . . . & e º ºs e e 5486. Omitted . . . . . . . . . . . . * - ſº 5487. . . . . . . . . . . . . . . . . . . . . . . e tº gº 5488. .. * @ tº e e º ºs e º 'º e º e º ſº gº º is is tº e º º 5489. . . . . . . . . . . . . . . . . . . . tº tº ſº tº º 5490. . . . . . . . . . . . . . . . . . . . . & © g º º 5491. . . . . . . . . . . . . . . . . . . . . e & © tº ſº 5492. . . . . . . . . . . . . . . . . . º e º 'º º º is e 5493. . . . . . . . . & e e s tº º ſº º ºs * * * * * * > * 5494. . . . . . . . . . . . . . . . . . . tº dº & tº e º e 5495. * * * * * * * * * º, e s ∈ e º e e º a º * g º tº 5496. . . . . . . . . . . . . . . . . . . . . . . . e e 5497. . . . . . . . . . . . • - - - - - - - * * * * g e 5497. Amended ' ..... tº º º ºs & g º ºs & 5498. . . . . . . . . • . . . . . . . . . . . . . . . . 5499. . . . . . . . . . tº e e g g tº tº º ſº tº º tº dº tº e 5500. . . . . . . . . . . . . . . . tº e e g tº e & º º º 5501. e e º e º s e e tº e º 'º º º tº e º ſº tº wº tº º 5502. e e º e º e º ſº tº e s e ºs e º sº e º sº º tº e º e º 5502. tº e º 'º e º 'º e º e º e º e º e º e º 'º e º e º e 5503. . . . . . . . . . . . . . . . . . gº º e º e º º 5504. e e º 'º tº gº tº gº tº e º 'º e º 'º e º & & Cº © tº * 5505. . . . . . . . . . . . . . . . . . . . . . . . . . 5506–5507. Repealed & © tº & 5509. Repealed ......... © º e 5510. . . . . . . . . . . . . . . . . . . . . e e e º º 5511-5515. Repealed tº º ſº tº gº tº e º 'º 5516. gº tº ſº ºn tº tº £ tº $ tº • - - - - - - - gº º e º 'º º 5517. sº e & e º e º e º g e º e • * * * * * * * * * g e 5519–5523. Repealed . . . . . . . . . 5525. . . . . . . . . . . . . . . . . . * * * * * * g e 5526. . . . . . . . . . . . . . . . . . . . . . . tº e tº 5527. . . . . . . . . . . . . . . . . . tº tº º e º 'º º e 5528. . . . . . . . . . . . . . . . . . . . . . tº º º º 5529. . . . . . . . . . . . . . . . . . • * * * * * g e 5580. . . . . . . . . tº e º 'º e º º ºs e e e e º º e º gº 5531. . . . . . . . . . . . . . . . . . . tº gº tº º ºs º º 5532. . . . . . . . . it sº e s e º is a e º a * * * g º g 5533. . . . . . * * * * * * * * * * * * * * * * * * * * 5533. • * * * * * * * * * * * * * * * * * * * * * * * * 5584. . . . . . . . . . . . . . . . . . . . . . . . . . 5585. . . . . . . . . . . . . . . . . . . . . . . . . . 5536 & º ºs º ºs e º 'º dº e º e º 'º e º e º 'º & º º gº tº 5537. . . . . . . . . tº º e º e g º e º ſº º tº e º e º e 5588. . . . . . . . . . * G - e º ſº º e º º 'º e º e º 'º 5539. . . . . . . . . tº gº ºs e º º e º e e º e º e º e º 5540. . . . . . . . . e g º e º sº º te e º 'º e º 'º e º & 5541. . . . . . . . . & © e º e º ºs e º 'º e e is tº tº $ tº 5542. . . . . . . . . . . . . . . . . . . . . . . . . . 5543. © º is sº e º 'º & tº c e º 'º e º e º e º e º 'º e g º 5544. . . . . . . . . . . . . . . . . . . . . . . . . . 5545. . . . . . . . . . . . . . . . . . . . . . . . . . 5546. Amended . . . . . . . . . . . . . . 5547. . . . . . . . . . . . . . . . . . . . . . . . . . 5548. . . . . . . . . . . . . . . . . . . . . . . . . . 5549. . . . . . . . . . . . . . . . . . . . . . . . . . 5550. . . . . . . . . . . . . . . . . . . . . . . . . . 5551. . . . . . . . . . . . . . . . . . . . . . . . . . 5552. . . . . . . . . . . . . . . . . . . . . . . . . . 5553. . . . . . . . . . . . . . . . . . . . . . . . . . 5554. . . . . . . . . & e º e º se tº º ſº e s tº e º e º & 5555. . . . . . . . . . . . . . . . . . . . . . ſº tº gº tº 5556. tº gº º º it tº º e tº e º sº e º e s e e º º gº tº e º ſº. 5557. . . . . . . . . . . . . . . . . . . . . . & º ſº tº 5558 tº º e º 'º e º e º is e º e º 'º e º e s & e © tº º ſº. b559. ......'............. tº tº º ºs 5560. . . . . . . . . . . . . . . . . . . . . . . . . g 5561. o * * * * * * * * * g º e º ºs e º e º e º ºs e * tº 5562. bsolete . . . . . . . . . . . . . te 563. . . . . . . §* * g e º ſº º tº tº e º 'º dº º e º ſº 64. . . . . . . . . . . . . . . . . . . . . . . . . . This Compilation Sec. Page 10336 tº º 'º 6 10337 to e º e 10338 © e º º 10388 . . . . . 10389 tº º tº a 10390 tº e º ºs 10368 º e s e 10365 tº º ſº e gº tº a º 1727 10364 e tº e de 10364 tº tº º Gº 10366 tº º ſº º 10367 tº ºn tº a 10367 tº º e is 10369 e Gº gº tº 10360 tº e º e 10359 tº e º º 10361 tº tº ſº º 10362 ge º ſº tº 10.192 G º º 10385 tº e º e 10253 tº e º e 10276 e - as e 10254 gº º sº e 10315 tº G is tº 9114 g º e e tº º tº e 1728 10277 tº tº e is 10255 e tº g is 10256 tº e º e 10257 • * * * 10258 gº tº e e 10259 © tº e e 10260 • * * e 10261 e - © e 10262 tº gº tº º 10263 tº e º e 10264 e g º e 10265 & ſº e e 10278 tº ſº º º 10302 e e s, e 10280 tº G & a 10287 tº G º º 10280 tº º e as 10287 tº ſº tº º 10266 gº tº gº is 10267 gº º gº ºn 10268 ge tº £ tº * * g is 1728 10183 * e s tº e e º 'º 1728 10184 tº sº º & g e º ºs 1728 10311 & © tº º 3939 . . . . 10185 e is 9 tº tº s tº º 1728 10426 * tº º 10441 tº e º e 10442 e is tº e 10443 tº ſº tº e 10186 º ºs & 10187 tº ſº º º 1018.8 e e º s 10189 tº º º º I0190 tº & © & 10507 * @ e & 10508 tº ſº dº tº 10507 tº º 'º dº 10507 ſº º º ºs 10520 tº º gº e 10521 tº e º sº. 10522 tº º º e 10523 tº º tº e 105.26 tº ſº e e 10527 © tº º ºs 10528 tº e º s 10529 tº ſº tº º 10530 tº gº tº º 10546 tº e s is j,0547 tº e º & 10548 tº e º e 10549 tº e º e 10550 tº tº ſº 1055.1 © tº e º 10427 tº e º ºr 10428 º 10429 g 10430 º e º º 10431. tº tº e e 10432 tº º gº tº 10433 tº º tº dº 10434 tº e º & 10435 © º º 4 10436 tº º 10437 & J & e tº º ºs 1733 104.38 e is tº º 10439 1733 TABLE OF REvrSED STATUTE SECTIONS [Page 18171 - ... " This This .-- This Rev. St. ** Compilation | Rev. St. Compilation Rev. St. Compilation Sec. Sec. Page | Sèc. Sec. Page Sec. Sec. Page 5567. e e º e º 'º º tº dº e º e º e º ſº tºº e º ſº º tº tº º 10440 . • * * * , '6580. Amended. # tº e º 'º tº e tº e º 'º º tº º 10566 • . . . 5591. Amended tº e º & e º 'º e º 'º e º 'º º 10583 e & © e %. 5568-5569. Obsolete tº º º ºs e º º ºs e e e is e e 1733 5581. dº tº e º e º 'º e º e º e º ſº º e º º tº e º e º 'º º 10567 tº º tº e. 5592. tº ſº e º ºs º º ºs º º 'º - e e º e s is tº e s ſº e o 'º 10584 tº e º e 5570. . . . . . . . . . . . . . . . . . • * * * * * * * 3916 gº tº e e 5582. tº s tº e º e º e & © e º e º º is º º & © e º ſº ſº º 10568 • * ~ * 5593. e dº e e s e º e s is e º 'º e º e º e º 'º e º e º e 10585 © tº º º 5571. . . . . . . . . . . . . . . . . . . . . . . . . . 39.17 • . . . 5588. . . . . . . . . . . . . . . . . . . . . . . . . . 10570 . . . . ] 5594. . . . . . . . . . . . . . . . . . . ... .... 10587 * * 5572. º e º e º 'º e º º e º s º ºs e º e º º sº º e º e e 3918 ſe º e & 5584. © º ºs e º gº tº e º e º 'º e º 'º tº e & tº e º e º gº tº 10573 © tº g tº 5595. ... is e e e s e s e e s is e e s e e s e º 'º e tº º ſº º 10592 © & © & 5573. • . . . . . . . . . . . . . . . . . . . . . . . . 3919 * ºr e g 5585. • * * * * * * * * * * * * * * • * * * * * * * * e 10574 tº e g tº 5596. t e tº e º 'º e º e s tº * * * * * * * * to e º 'º e º ºs 105.93 e tº e & 5574. e e º tº dº e º is º & © tº º e º 'º e º e s e e º & e 3920 gº gº is © 5586. tº º e º ºs e º sº tº e º e º º te e º g tº e º 'º º º ºt 10575 * º ºs tº 5597. tº º ºs e º e º e º e º 'º e º 'º e º 'º º • * * * * * 105.94 e C e ſº 5575. e e s e e g º 'º e º ºs e º e º e s e e s e e is © tº 3921 tº º e e 5587. gº dº tº dº tº dº º ſº tº gº tº º g g g g tº e © e º & º sº e 10579 gº tº º ºn 5598. gº º ºs e º e º e º e s tº a e º ºs º ºr e º ºs ...... 10595 tº tº e de 5576. & º e º tº e º ºs º gº e º ºs e º ºs e º 'º º ºs e tº tº º 3922 tº º e g 5588. ' tº º e º e g º a tº e e º 'º º e e is e e º e º e º 'º 10580 ... e º e e 5599. e s is a e e º e º e s e º e e s e º e º e º is a e 10596 tº ſº e tº 5577. tº gº tº G & © tº º e º 'º e º e º ºs º & © * * * * * * * 3923 tº tº º º 5589. tº º ºs & e º e º ſº tº º e e e º e º g º º e º 'º e e 10581 tº º ſº tº 5600. e ‘º e º e g º ºs e tº e º ſe tº º sº sº e tº e o 'º e s tº 10597 tº e º ſº 8. & e º e º 'º $ tº ſº tº • - - - - - - - - - - - - - - 3924 tº C G ſº 5590. • * * * * * * * * * * * * * * * * * * * * * * * * 10582 & © tº gº 560i. • * * * * * * * * * * * * * * * * * * * * * * * * 10598 © tº º º - 5579. Amended e g c e s ∈ & © tº e s tº e & 10565 º gº º tº f - t CHRONOLOGICAL TABLE OF LAWS INCLUDIED IN THE COMPILED STATUTES OF THE UNITED STATES " 1789–1918 Being those acts passed from June 1, 1789, to July 16, 1918, which are still in force; show- ing the volume and page of the Statutes at Large, the section of the Revised Statutes into wnich the acts prior to 1874 were incorporated, and the sections of this compilation under which the various acts will be found. Where no section number of this compilation is given, it is because the Revised Statute section referred to has been repealed or superseded, without re- enactment in substantially the same form, or omitted for some other reason and the note to such Revised Statute section in this compilation will explain the fact of such superseding, re- peal or omission. - Asterisks refer to sections in the Appendix. K. Stat. at Large. - Stat. at Large. Date of r- - Sec. Sec. Date of ,- — Sec. Sec. Act. Chap. Sec. Wol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1789 - 1789 - June 1 1. 2 1. 23 28 25 | Sept. 24 20 1 1. 73 674 1.192 June 1 1 2 1 23 29 26 Sept. 24 20 3 1 73 551 968 June 1 1. 2 1. 23 30 29 Sept. 24 20 3 1. 73 552 968 June 1 1 3 1 23 1836 3422 Sept. 24' 20 3 1 73 562 973 June 1 1. 3 1. 23 1837 3423 Sept. 24 20 3 1. 74 572 *-* July 27 4 ſº 1. 28 161 235 | Sept. 24 20 3 1 73 581 - 978 July 27 4. 1 1 28 199 284 Sept. 24 20 4 1 74 604 1107 July 27 4 1. 1. 28 202 300 | Sept. 24 20 4 1. 74 608 ºsmºs- July 27 4 2 1 29 203 301 | Sept. 24 20 4 1. 74 614 *mmºnºs July 27 4 4. 1 29 203 301 Sept. 24 20 5 1. 75 658 gºss-º Aug. 7 7 tº-g 1. 49 161 235 | Sept. 24 20 5 1. 75 661 *== Aug. 7 7 1. 1. 49 214 311 Sept. 24 20 6 1. 76 583 979 Aug. 7 7 1 1. 49 216 318 Sept. 24 20 6 1 76 602 989 Aug. 7 7 2 1 50 217 - 319 || Sept. 24 20 6 1. 76 671 gºss-s-s-s Aug. 7 7 4 1. 50 217 319 || Sept. 24 20 7 1. 76 555 970 Aug. 7 9 4 1. 54 4235 7981 Sept. 24 20 7 1 76 619 • ºmºmºmº Sept. 2 12 1. l 65 161 235 | Sept. 24 20 7 1. 76 677 1195 Sept. 2 12 1 1. 65 233 349 | Sept. 24 20 7 1. 76 782 1305 Sept. 2 12 1. 1 65 268 401 Sept. 24 20 7 1. 76 794 1321 Sept. 2 12 1. 1. 65 276 416 Sept. 24 20 7 1. 76 795 1322 Sept. 2 12 1. 1. 65 301 472 Sept. 24 20 8 1. 76 712 1234 Sept. 2 12 1 1. 65 312 485 Sept. 24 20 9 1. 76 563 991 Sept. 2 12 2 1. 65 248 * 381 Sept. 24 20 9 1 76 566 1583 Sept. 2 12 2 1. 65 257 386 Sept. 24 20 9 1. 76 629 991 Sept. 2 12 2 1. 65 3669 6732 Sept. 24 20 9 1. 76 711 1233 Sept. 2 12 3 1. 66 269 — Sept. 24 20 9 1. 76 734 102.7 Sept. 2 12 4 1. 66 302 474 Sept. 24 20 10. 1 77 1002 *-* Sept. 2 12 4 1 66 305 478 Sept. 24 20 11 1 78 629 991 Sept. 2 12 4 1 66 311 — Sept. 24 20 11 1. 78 711 1233 Sept. 2 . 12. 6 1. 67 313 — Sept. 24 20 11 1. 79 739 1033 Sept. 2 12 6 1. 67 3.675 6748 Sept. 24 20 12 1. 79 639 *====s* Sept. 2 12 8 1. 67 243 377 Sept. 24 20 12 1. 79 646 1018 Sept. 2 12 8 1. 67 1788 — | Sept. 24 20 12 1. 79 647 1012 Sept. 2 12 8 1. 67 1789 — Sept. 24 20 12 1 79 648 1584 Sept. 15 14 tºº 1 68 161 - 235 | Sept. 24 20 13 1. 80 687 1210 Sept. 15 14 1. 1. 68 199 284 Sept. 24 20 13 1. 80 688 1211 Sept. 15 14 1. 1. 68 202 300 | Sept. 24 20 13 1. 80 689 1212 Sept. 15 14 2 1 68 204 302 Sept. 24 20 13 1. 80 690 1213 Sept. 15 14 3 1 68 1793 3304 || Sept. 24 20 13 1 80 711 1233 Sept. 15 14 4 1 68 1794 3305 || Sept. 24 20 14 1 81 716 1239 Sept. 15 14 5 1. 69 882 1494 | Sept. 24 20 14 1 81 751 1279 Sept. 15 14 6 1. 69 71 97 | Sept. 24 20 14 1. 81 752 1280 Sept. 15. 14 6 1 69 213 310 Sept. 24 20 14 1. 81 753 1281 Sept. 15 14 7 1 69 203 301 Sept. 24 20 15 1 82 724 1469 Sept. 24 19 º 1. 72 153 223 Sept. 24 20 16 1 82 723 1244 Sept. 24 20 1. 1 73 530 1051 Sept. 24 20 17 l 83 725 1245 CoMP.S.T.’18 iPage 18191 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1789 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 2 Sept. # Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 2 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24 Sept. 24. Sept. 24 Sept. 29 1790 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. ; 30 Apr. 30 IPage 1820] Stat. at Large. —) Sec. Vol. Page. 112 112 113 113 113 113 113 113 113 113 113 113 113 113 113 114 114 114 114 114 114 115 115 115 115 Sec. IR.S. 726 987 968 631 633 691 700 997 998 999 1000 1011 1007 1010 701 709 710 1003 1010 1017 961 680 776 779 780 782 783 787 789 790 922 729 802 803 804 810 861 863 864 865 866 955 956 954 727 879 1014 1015 1016 721 346 354 359 747 767 769 771 913 5331 5.333 5339 5339 5339 5340 5402 5390 5341 5343 730 5360 5369 5372 5383 5373 5323 5324 5324 5533 5533 5359 5384 5348 5394 Sec. Comp. St. 1246 1633 1609 smºsºmº 1668 1653 1658 1659 1660 1672 1666 1671 1669 1214 1230 1662 1671 1681. 1599 1200 1302 1303 1304 1305 1307. 1311 1313 1314 1548 1022 1254 1256 1257 1261 1468 1472 1473 , 1474 1477 1592 1593 | 1591 1247 1490 1674 1679 1680 1538 515 . 529 533 1249 1294 1295. 1296 1536. 101.65 10167 104.45 104.46 104.48 10505 10314 10316 10447 104.48 1023 10466 10467 104.79 10477 10506 104.76 10508 10507 10508 10465 10480 10456 10297 Mich. Date of Act. 1790 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30. Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 May 26 June 4, June 4 June 4 June 4 June 4 June 23 June 23 June 23 July 16 July 16 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 Aug. 4 Aug. 4 Aug. 4 Aug. 4 Aug. 4 Aug. 4 1791 Mch. Mch. Mch. Mch. : Mch. 1792 Mch. Mch. Mch. Mſch. Mich. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large. i i i : —Y Sec. Vol. Page. 116 116 116 116 116 116 117 117 117 117 117 117 117 117 117 118 118 118 118 118 118 119 119 119 119 119 119. 122 126 126 126 126 126 128 . 128 128 130 130 131 131. 131 132 132 132 133 133 133 133 133 133 134 135 135 176 176 176 176 176 177 197 197 197 197. 197 215 239 239 239 239 239 239 240 240 240 240 240 240 240 240 240 240 Sec. Sec. R.S. Comp. St. 5356 5357 5392 5393 5396 5397 5449 5499 5398 5446 5400 5401 5401 5326 4063 4064 4065 4066 4062 1033 1034 1032 5329 1043 1044 1045 5325 905 531 608 767 776 551 608. 531 551 1795 1796 4520 4521 4522 4556 4557 4558 4537 4601 4529 4530 4546 4547 4598 4564 42.19 919 923 938 940 941 939. 767 776 531 551 608 244 131 132 • 135 138 139 140 136 138 141 142 143 144 145 146 147 148 10460 10461 10295 10296 1687 1688 10301 10302 10310 10239 10312- 10311 10313 10498 7611 7612 76.13 7614 7610 1699 1700 1698 1707 1708 1709 10497 1519 #ºmms-sº 1294 1302 968 1091 968 3306 3307 83.11 8312 8313 8345 8346 8347 8326 8320 8322 8335 8336 8353 7812 1545 1549 1564 1566 1567 1565 1294 1302 1101. 968 378 199 200 207 208 209 207 211 212 213 214 gºmº CHRONOLOGICAL TABLE OF LAWS {{} IPage 1821] Stat. at Large. Date of ,-- — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1792 Mch. 1 8 10 1 240 149 t-ººms Mch. 1 8 10 1 240 150 — Mch. 1 8 11 1 241 151 221 MCh. 1 8 12 1 241 152 222 Apr. 2. 16 20 1 250 3563 6535 Apr. 12 20 *- 1 252 73 106 Apr. 13 21 2 1 253 658 -* Apr. 14 24 2 1 255 1707 3160 Apr. 14 24 2 1 255, 1709 3.162 Apr. 14 24 2 1 255 1710 3163 Apr. 14 24 2 1 255 3689 6799(3) Apr. 14 24 3 1 255 4238 7984 Apr. 14 24 6 1 256 1698 3150 Apr. 14 24 9 1 257 1714 3170 May 8 33 1 1 271 1625 ... sº-ºs May 8 33 1 1 271 1626 tº-me May 8 33 1 1 271 1627 -: May 8 33 1 1 271 1628 -ms May 8 33 2 : 1 272 1629 -- May 8 33 3 1 272 1630 -wº May 8 33 3 1 272 1631 -* May 8 33 4 1 272 1632 -* May 8 33 5 1 273 1633 - May 8 33 6 1 273 1634 *s May 8 33 6 1 273 1635 *-*. May 8 33 8 1 273 1638 -* May 8 33 9 1 273 1639 tº-ºº-mº May 8 33 10 1 273 1640 -* May 8 33 11 1 274 1641 =- May 8 36 1 1 275 911 1534 May 8 36 2 1 276 913 1536 May 8 36 5 1 277 974 1615 May 8 36 5 1. 277 975 1616 May 8 36 6 1 278 857 1463 May 8 36 9 1 278 1004 1663 May 8 36 10 1 278 799 1330 May 8 36 10 1 278 947 1573 May 8. 36 11. 1 278 601 987 May 8 36 12 1 279 6.79 1198 May 8 37 4 1 280 1291 21.68 May 8 37 6 1 280 249 382 May 8 37 9 1 281 248 381 May 8 37 12 1 281 244 378 May 8 37 12 1 281 1788 10272 May 8 37 12 1 281 1789 10272 Dec. 31 1 1 1 287 4131 7707 Dec. 31 1 2 1 288 4132 7709 Dec. 31 1 2 1 288 4.133 -* ſ)ec. 31 1 3 1 288 4141 7719 Dec. 31 1 3 1 288 4178 77.58 Dec. 31 1 4 1 289 4142 7720 Dec. 31 1 4. 1 289 4143 7721 Dec. 31 1 4 1 289 4144 7722 Dec. 31 1 6 1 290 4148 7725 Dec. 31 1 6 1 290 4149 7726 Dec. 31 1 7 1 290 4145 - º-ººse Dec. 31 1 7 1 290 41.46 7723 Dec. 31 1 7 1 290 4174 7755 Dec. 31 1 8 1 291 41.47 . 7724 Dec. 31 1. 9 1 291 4155 7736 Dec. 31 1. 9 1 291 4156 7737 Dec. 31. 1. 10 1 292 4.158 7739 Dec. 31 1 11 1 293 4143 7721 Dec. 31 1 11 1 293 4144 7722 Dec. 31 1 11 1 292 4.159 7740 Dec. 31 1 11 1 292 4.160 7741 Dec. 31 1 12 1 293 4144 7722 Dec. 31 1. 12 1 293 4161 7742 Dec. 31 1. 12 1 293 4.162 7743 Dec. 31 1. 12 1 293 4163 7744 Dec. 31 1 13 1 294 4167 7748 Dec. 31 1. 13 1 294 4168 7749 Dec. 31 1 14 1 294 41.69 7750 Dec. 31 1 14 1 294 4170 7751. Dec. 31 1. 15 1 295 4171 7752 Dec. 31 1 16 1 295 4172 7753 Dec. 31 1 17 1 295 4173 7754 IDec. 31 1 18 1 296 4.175 *-* Dec. 31 1 19 1 296 4176 77.56 IDec. 31 1. 20 1 296 4180 7765 I)ec. 31 1 21 1 296 4181 7766 Dec. 31. 1 22 1 296 4182 7767 Dec. 31 1 23 1 297 4183 7768 Date of Act. 179 Dec. Dec. Dec. Dec. Dec. Dec. Dec. IDec. - Dec. Dec. Dec. Dec. Dec. 31 31 31 31 31 1793 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Teb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. 9 18 18 18 18 18 18 18 18 18 18 18 Stat. at Large, r— C h a; Q. Sec. — Sec. Sec. Vol. Page. R.S. Comp. St. 297 297 298 298 298 298 298 298 298 298 298 298 298 300 301 302 302 305 305 305 306 306 306 307 307 307 308 308 308 308 308 . 308 309 309 309 309 309 310 310 310 311 3.11 . 311 311 312 312 313 313 313 313 313 314 314 314 314 315 315 315 315 315 316 316 316 316 316 316. 317 317 317 317 317 317 317 3.17 318 334 334 334 334 334 . 334 *4184 4.185 4187 4.188 4189 4375 919 923 938 939 940 941 4305 291 3566 5278 5279 4311 4312 4319 4322 4323 4320 4321 4324 4371. 4372 4333 4337 4.338 43.25 4326 4327 4334 43.35 4336 4349 4350 4351 4352 4353 4354 4355 4356 4359 4360 4362 43.63 4361 4364 4365 4366 4367 . 4368 4369 4332 4331 4379 4373 4374 4375 4376 4377 4378 4381 4383 919 923 938 939 940 941 4380 4385 153 662 627 727 1014 1015 1016 7769 7770 7773 7774 7775 8130 1545 1549. 1564 1565 1566 1567 8051 457 6538 101.26 101.27 . 8057 8058 8065 8070 8071 806.8 8069 8072 - 8124- 81.27 8082 8086 8087 8073 8074 8075 8083 8084 8085 8101 8102 81.03 8104 8105 8106 8107. 8108 8112 8113 8115 8116 8114 8117 8118 8119 8120 81.21 8122 8081 8080 8134 81.28 8129 8130 8131 8132 8133 8136 8142 1545 1549 1564 1565 1566 1567 8135 8144 223 *-* 1247 1674 1679 1680 CHRONOLOGICAL TABLE • OF LAws “, Date of Act. 1793 Mich. 2 Mch. Mch. Mch. Mich. Mch. Mch. 1794. Jan. 13 Mich. 22 Mch. 22 MCh. 22 MCh. 22 Mich. 22 : M ſ C ee*eeh.tºe Mch. July 1 July 1 1798 Apr. 30 Apr. 30 Apr. 30 Apr. 30 May 3 June 6 June 6 July 6 July 6 July 6 July 6 July 11 July 11 [Page 1822] Stat. at Large, - –Y Sec. Vol. Page. 334, 334 334 334 335 335 335 -341 347 347 347 349 349 349 352 352 353 357 369 395 . 395. 3.96 404 408 408 409 424 424 424 424 424 424 424 425 425 426 426 426 464 465 468 477 477 478 478 489 489 490 496 498 498 503 506 512 512 512 514 515 515 515 517 523 524 553 595 Sec. R.S. 716 717 719 720 876 918 993 1791 563 629 5551 5552 5564 . 5554 1662 1665 34 388 671 570 938 572 1000 1653 1651 1655 1642 1654 5297 1644 1649 1658 1659 1660 788 4662 4662 4357 2223 23.95 2476 4588 4589 4590 4591 4306 4306 4307 552 4164 4329 4206 5292 887 886 3624 957 951 34.66 986 658 1616 1615 161 415 417 418 101 34.71 34.71 4067 4068 4069 4070 1611 1616 Sec. Comp. St. 1239 1238 1241 1242 1487 1544 1639 8802 991 991 = : : : : 8437 Date of Act. 1798 July 11 July 11 July 11 July 11 July 11 July 11 July 16 July 16 July 16 July 16 July 16 1799 Jan. 30 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 28 Feb. 28 Feb. 28 Mch. Mch. MCh. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mſch. Mch. Mch. Mch. MCh. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large, Sec. Chap. Sec. Vol. Page' R.S. Comp. St. 72 2 1 595 1615 2938 72 3 1. 595 1616 2943 72 4 1 595 1609 2926 72 4 1 595 1621 2948 72 5 1 596 1610 , 2927 72 6 1 596 1619 2.946 77 1. 1. 605 3689 *- 77 4 1 606 4801 9189 83 - tº- 1 609 727 1247 85 3 1 610 3714 6842 85 6 1 610 3743 6894 1. ſºme 1. 613 5335 10169 12 1 1 619 4792 9150 12 1. 1. 619 4796 91.54 12 2 1. 619 4793 9151 12 2 1. 619 4795 9153 12 3 1 620 4794 9.152 12 4 1 620 4797 917.9 12 5 1 620 4800 9182 12 6 1 620 4798 9180 12 7 1 621 4799 9181 19 1 1 625 781 *- 19 2 1 625 782 1305 19 8 1. 626 976. 1617 22 1. 1. 627 2522 — 22 1 1. 627 2523 —- 22 2 1 627 2517 ºsmº- 22 2 1 629 2518 ºm- 22 2 1. 629 2519 — 22 2 1 627 2527 tº- 22 2 1 628 2529 s- 22 2 1. 630 2532 samsa- 22 3 1 629 2531 tº smº- 22 3 1. 630 2533 tºmºsº- 22 4 1. 630 2533 tºm- 22 4 1 630 2534 ºmmama- 22 5 1 631 2535 e- 22 5 1 631 2536 *- 22 6 1 631 2525 Lºmºs 22 6 L 631 2526 — 22 7 1 632 2541 *=- 22 7 1 63.2 2542 smº- 22 8 1. 632 2543 ºs- 22 8 1 632 2544 * 22 9 1 633 2546 ººm- 22 9 1. 633 2547 *- 22 10 1. 634 2548 cºmmº- 22 10 1 634 2549 *-4 22 10 1. 634 2550 tºmºmºmº 22 10 1 634 2551 tº- 22 11 1 635 2552 tºmsºmºeº- 22 11 1 635 2553 ſºmºsºm-º. 22 13 1 636 2557 *m-. 22 13 1. 636 2558 tºº-º-º: 22 14 ... 1 636 2559 *- 22 14 1 636 2560 * 22 14 1 637 2561 cºmmasº 22 17 1 638 2599 sºmeº- 22 17 1 638 2600 *- 22 17 1. 638 2603 gºmº- 22 17 1. 638 2604 *- 22 17 1 639 2568 5334 22 18 1. 639 2770 54.66 22 18 1 639 2771 54.67 22 19 1 640 2772 5468 22 19 1 641 2834 5516 22 20 1 641 2616 5350 22 20 1 641 26.17 5351 22 20 1 642 2618 5352 22 21 1 642 2621 5359 22 21 1. 643 2622 5361 22 21 1. 643 2623 5362. 22 21 1. 642 2624 — 22 21 1 642 2626 5364 22 21 1. 642 2627 5365 22 21 1 643 2628 5366 22 21 1. 643 2640 5381 22 22 1. 644 2625 5363 22 22 1. 644 2629 5367 22 22 1 644 2630 5368 22 22 1 644 2632 53.71 22 23 1 644 2806 5503 Sec. CHRONOLOGICAL TABLE OF LAWS Mch. Mch. Mch. IPage 18231 Stat. at Large, Sec. Sec. Chap Sec. Wol. Page. R.S. Comp. St. 22 23 1 644 2807 5504 22 23 1 644 2808 5505 22 24 1 646 2809 5506 22 24 1 646 2810 5507 22 25 1 646 2811 5508 22 25 1 646 2812 5509 22 25 1 647 2813 5510 22 26 1 647 2814 5511 22 26 1 648 2815 5512 22 27 1 648 2867 5555 22 28 1 648 2868 5556 22 29 1 648 2773 5469 22 30 , 1 649 2774 6470 22 30 1 650 2775 54.71 22 31 1 651 27.91 5488 22 32 1 651 2776 54.72 22 32 1 651 2777 5473 22 32 1 652 2778 5474 22 33 1 652 2.779 5475 22 34 1 652 2780 5476 22 34 1 653 2781 5477 22 34 1 653 2782 5478 22 34 1 654 2783 54.79 22 34 1 654 2784 5480 22 36 1 655 2785 5481 22 36 1 655 2786 tºm-sºº 22 36 1 657 2787 5484 22 36 1 658 2788 5485 -- 22 36 1 658 2789 54.86 22 37 1 658 2794 5491 22 37 1 658 2883 5575 22 38 1 658 2884 5576 22 39 1 659 2885 5577 22 44 1 660 2886 5578 22 45 1 661 2795 5492 22 45 1 661. 27.96 5493 22 45 1 661. 2797 5494 22 46 1 661 2799 5496 22 46 1 661 2800 5497 22 46 1 662 2801 5498 22 46 1 662 2802 5499 22 49 1 664. 2805 5501 22 49 1 664. 2869 5557 22 49 1 664 2870 5558 22 50 1 665 2872 5563 22 50 1 665 2873 5564 22 50 1 665 2874 5565 22 51 1 665 2882 5574 22 52 1 665 2926 5621 22 52 1 665 2927 &====ºs 22 53 1 667 2875 5566 22 53 1 667 2876 5567 22 53 1 667 2877 5568 22 53 1 667 2878 5569 22 54 1 668 3067 5770 22 54 1 668 3069 5772 22 54 1 668 3070 5773 22 55 1 668 2888 5580 22 55 1 669 2889 5581 22 56 1 669 2880 5572 22 56 1 669 2881 5573 22 56 1 669 2969 5655 22 56 1 670 2879 5570 22 56 1 670 3689 6799 (27) 22 57 1 671 2887 5579 22 60 1 672 2891 5583 22 60 1 672 2892 5584 22 60 1. 672 2893 5585 22 60 1 672 2894 5586 22 61 1. 673 2903 5603 22 62 1 675 3058 5760 22 63 1 675 2790 54.87 22 64 1 675 4154 7735 22 65 1. 676 942 1568 22 65 1 676 960 1598 22 65 1 676 963 I601 22 65 1 676 3466 6372 22 65 1 676 3467 6373 22 65 1 676 3468 6374 22 66 1 677 283.9 *-* 22 66 1 677 2840 5.535 22 68 1 678 3066 B769 22 69 1 678 3082 5785 . Mch. Date of Act. 1799 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large, /- —Y Chap. Sec. Vol. Page. : : : 678 678 678 678 678 678 678 678 680 680 680 680 681 681 681 682 687 687 688 689 687 687 687 689 688 689 690 690 692 690 692 694 694 694 695 695 695 695 695 696 696 696 696 696 696 696 697 697 697 698 698 698 699 699 699 699 699 699 699 700 700 700 700 700 700 700 701 702 702 702 703 704 705 708 707 706 706 706 706 706 706 703 3068 3073 2890 2635 2636 2637 3015 3016 3028 3029 3035 563 629 959 965 3038 3041 3042 3039 3040 3043 3044 ... 3045 3046 3047 3049 3050 3051 2896 2688 1788 1789 104.7 3087 919 923 938 940 941 970 939 3089 3090 3095 41.97 41.98 41.99 420.1 . 4202 4206 2747 1492 2756 2757 2760 2761 27.62 2747 2748 2763 2764 2765 25.15 3.096 3097 3094 2769 2619 2639 2642 2654 2655 2656 2657 2659 2660 2706 Sec. Comp. St. 1532 1549 5775 1532 1612 5771 57.76 5582 5376 5377 5378 5720 5721. 5731 5732 5738 991. 991 1597 1603 5741. 5744 5745 5742 57.43 5746 5747 5748 5749 5750 5752 5753 5754 §587 53.79 10272 10272 1712 5790 1545 1549 1564 1566 1567 1611 1565 5793 5794 5807 7789 7790 7791 7793 7794 7797 8459%b(1) 8459%b (42) 8459%b (44) 8459%b(52) 8459%b(53) 8459%b (54) 8459%b (1) 8459%b (2) 8459%b(55) 8459%b (57) 8459%b(58) 5808 5.809 5806 54.65 5357 CHRONOLOGICAL TABLE OF LAWS Mch. 3 MCh. 3 1802 Jan. 26 Jan. 26 Jan. 26. Jan. 26 Jan. 26 Jan. 26 Jan. 26 Mch. 16 Mch. 16 Mch. 16 Mch. 16 IMCh. 16 IMch. 16 Mich. 16 [Page 18241 Stat. at Large. Sec. . - S Sec. Sec. Vol. Page. R.S. Comp. St. 2*tº-mº ;| i e & 706 706 709 727 727 729 729 729 729 729 731 752 101 102 102 102 106 106 116 121 128 129 129 129 129 129 129 134 134 134 134 134. 134 135 2733 4186 2686 943 944 3689 1614 3689 4808 276 207 1094 992 991 5292 1624 1624 1624 1624 1624 82 790 994 1668 1669 1629 1671 2517 2518 2619 2520 2533 255.2 2553 2772 563 629 5556 53.81 5382 5553 5557 5558 5560 563 629 5565 2660. 2706 2659 2286 23.95 2236 257 3669 801 3027 2531 2532 2522 2524 680 705 2836 2838 7771 1569 1570 2936 9200 416 305 *==== 1638 1637 101.30 2965(6) 2969 (8) 2969 (10) 2969 (22) 2986 120 1314 1643 10207 3087 3088 mºsºme 5357 r; : i : : tº-ºsmº Apr. | Date of Act. 1802 Mch. 16 Mch. 16 Mch. 16 Mch. 16 Mch. 16 Apr. 14 Apr. 14 Apr. 14 Apr. 14 Apr. 14 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 May 1 May 1 May 3 May 3 1803 Feb. 19 Feb. 19 Feb. 19 Feb. 19 | Feb. 28 Eleb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Mch. 2 Mch. 2 Mch. 2 Mch. 2 Mch. 2 Mch. 2 Mch. 2 Mch. 2 MCh. 2 Mch. 2 Mch. 3 MCh. 3 Mch. 3 Mch. 3 IMCh. 3 Mch. 3 Mch. 3 MCh. 3 MCh. 3 MCh. 3 MCh. 3 Mich. 3 3 3 3 3 3 Mch. Mch. Mch. ' MCh. Mch. Stat. at Large. —y Sec. Vol. Page. i : # 1. : 11 11 135 136 137 137 137 153 153 155 155 155 156 156 158 159 159 159 162 162 165 165 165 165 166 167 167 167 167 182 182 192 193 201 202 202 202 203 203 203 203 203 203 204 204 204 206 207 207 207 207 207 207 208 209 210 210 228 228 229 229 229 235 244 244 244 244 244 244 244 244 244 244 244 252 252 253 254 254 254 254 273 Sec. Sec. R.S. Comp.st. 1186 1237 1323 1309 1311 21.65 2171 21.65 2172 1993 685 686 614 651 652 697 531 551 572 776 781 767 572 807 818 880 805 2550 2551 3689 4805 551 767 776 781 4573 4576 4309 4310 4582 4584 4577 4578 1737 1313 232 1636 1627 1628 . 1632 1631 4308 4.191 4166 5292 2531 2548 2535 2517 2518 2476 631 691 692 695 698 700 701 968 1010 1011 1012 2568 2569 2570 2707 2564 2565 2661 572 7747 = 4 9 1. 8 = 1654 1668 1669 1609 1671 1672 1673 ſº-sºmº 5334 = CHRONOLOGICAL TABLE OF LAWS COMP.S.T.’18—115 IPage Stat. at Large, Date of , — Sec. Sec. Act. Chap Sec. Vol. Page. R.S. Comp. St. 1804 - Mch. 26 40 1. 2 290 5366 10474 MCh. 26 40 2 2 290 5365 10473 MCh. 26 40 3 2 290 1046 1710 MCh. 26 40 3 2 290 1047 1712 IMCh. 26 44 — 2 291 583 979 MCh. 26 47 2 2 293 2168 tºssmºs-ºss MCh. 26 50 1 2 295 137 206 MCh. 26 50 1. 2 295 138 207 MCh. 26 50 1. 2 295 139 208 Mch. 26 50 1 : 2 295 140 209 MCh. 27 52 1. 2 296 4134 *=mºs MCh. 27 56 1 2 298 906 1520 MCh. 27 56 2 2 299 905 1519 MCh. 27 56 2 2 299 906 1520 MCh. 27 57 6 2 300 42.25 7818 MCh. 27 58 1. 2 300 2660 &EE-sºº MCh. 27 58 2 2 301 2659 wººmsºmºs I805 - Jan. 11 6 gºmas 2 310 2527 *=> Feb. 11 14 2 2 313 2396 4804 Feb. 14 15 *==== 2 314 2.895 *-*. Feb. 22 18 2 2 316 2776 54.72 MCh. 3 34 1 2 336 2535 *-* Mch. 3 34 1. 2 336 2536 *= Mch. 3 34 2 2 336 2535 tº-sº Mch. 3 34 2 2 336 2536 gºmmºss Mch. 3 34 3 2 336 2603 gººmsºmºs Mſch. 3 34 3 2 336 2604 tº-mº-º MCh. 3 34 4 2 336 2604 e-mº-º Mch. 3 40 ſº 2 339 4226 7819 1806 Jan. 22 4 3 2 349 2527 tº-Eº Apr. 10 20 1. 2 367 1158 1847 Apr. 10 20 1. 2 359 1342 2308a. Apr. 10 20 * 2 359 1342 2308a.(1) Apr. 10 20 * 2 360 1342 2308a (62) Apr. 10 20 * 2 360 1342 2308a.(63) Apr. 10 20 * 2 360 1342 2308a.(66) Apr. 10 20 * 2 360 1342 2308a.(67) Apr. 10 20 tºmº 2 361 1342 2308a.(56) Apr. 10 20 s=sº 2 361 1342 2308a.(64) Apr. 10 20 *! 2 361 1342 2308a.(108) Apr. 10 20 *= 2 361 1342 2308a.(109) Apr. 10 20 tºmº 2 361 1342 2308a.(110) Apr. 10 20 sº 2 361 1342 2308a.(118) Apr. 10 20 tºº 2 362. 1342 2308a.(29) Apr. 10 20 *4 2 362. 1342 2308a (56) Apr. 10 20 sº 2 362 1342 2308a (57) Apr. 10 20 * 2 362. 1342 2308a.(58) Apr. 10 20 ºmsº 2 362. 1342 2308a (59) Apr. 10 20 sº 2 362. 1342 2308a.(60) Apr. 10 20 º 2 363 1342 2308a (68) Apr. 10 20 *=& 2 363 1342 230Sa (87) Apr. 10 20 — , 2 363 1342 2308a.(89) Apr. 10 20 tº 2 363 1342 2308a.(90) Apr. 10 20 # = 2 363 1342 2308a (91) Apr. 10 20 tºº 2 364 1342 2308a.(74) Apr. 10 20 º 2 364 1342 2308a (83) Apr. 10 20 Eºs 2 364 1342 2308a (84) Apr. 10 20 ºsºme 2 364 1342 2308a (121) Apr. 10 20 — 2 365 1342 2308a.(61) Apr. 10 20 cº 2 365 1342 2308a.(75) Apr. 10 20 sºmºf 2 365 1342 2308a.(85) Apr. 10 20 tºº 2 365 1342 2308a (86) Apr. 10 20 sº 2 365 1342 2308a.(88) Apr. 10 20 * 2 366 1342 2308a.(2) Apr. 10 20 *4 2 366 1342 2308a.(75) Apr. 10 20 tººl 2: 366 1342 2308a.(76) Apr. 10 20 º 2 366 1342 2308a.(77) Apr. 10 20 tºº 2 366 1342 2308a (78) Apr. 10 20 ** 2 366 1342 2308a.(79) Apr. 10 20 * 2 366 1342 2308a,(81) Apr. 10 20 sº 2 366 1342 2308a.(89) Apr. 10 20 tºmsº 2 367 1342 2308a.(4) Apr. 10 20 * 2 367 1342 2308a.(5) Apr. 10 20 sº 2 367 1342 2308a (11) Apr. 10 20 sºº! 2 367 1342 2308a.(17) Apr. 10 20 Gº 2 367 1342 2308a.(19) Apr. 10 20 *º 2 367 1342 2308a.(46) Apr. 10 20 cºmmº 2 367 1342 2308a.(48) Apr. 10 20 sº 2 367 1342 2308a.(49) Apr. 10 20 *º 2 367 1342 2308a (120) Apr. 10 20 tºmº 2 368 1342 2308a.(16) Apr. IS25I Date of Act. 1806 Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 1807 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. 2 Mch. 2 MCh. 2 MCh. 2 Mch. 2 MCh. 2 Mſch. 2 Mch. 3 Dec. Dec. DeC. 1808 Feb. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 1809 MCh. 2 Mch. 2 Stat. at Large, /--- Chap. 20 sº 2 368 20 ºmºs 2 368 20 º 2 368 20 tºº 2 368 20 * 2 368 20 gº 2 368 20 tº-º-º-º 2 368 20 gº 2 369 20 º 2 369 20 sº 2 369 20 tºº 2 369 20 tºº 2 369 20 tºº 2 369 20 tºssºs 2 369 20 º 2 369 20 *=º 2 369 20 * 2 369 20 *º 2 369 20 tº- 2 369 20 sº 2 370 20 tº 3 2 370 20 *=º 2 370 20 gºsº 2 370 20 º 2 370 20 Gº 2 370 20 — 2 370 20 sº 2 370 20 — 2 370 . . 20 tºº 2 370 20 gºmºn 2 371 20 gºmº 2 371 20 sºmº 2 371 20 gººms 2 371 20 gº 2 371 20 eºs 2 371 20 *=- 2 371 21 1 2 372 21 2 2 373 21 3 2 374, 21 4 2 374 35 2 2 390 35 3 2 390 35 3 2 390 35 3 2 390 35 3 2 390 41 6 2 397 45 1. 2 399 45 2 2 399 45 2 2 399 47 3 2 402 8 1 2 413 8 2 2 413 8 3 2 414 13 tºº 2 418 16 2 2 420 17 4 2 421 19 1. 2 422 22 2 2 426 22 7 2 428 22 7 2 428 22 7 2 428 22 7 2 428 22 7 2 428 22 7 2 428 39 *ms 2 443 3 mººn 2 451 3 rººms 2 451 3 ſºme 2 451 22 gº 2 468 40 1. 2 479 43 5 2 483 48 1. 2 484 48 2 .2 484 48 3 2 484 55 2 2 490 55 3 2 490 61 2 2 497 61 2 2 497 . 27 1 2 534 27 1 2 534 Sec. Sec. Sec. vol. Page' R.S. Compºst. 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 783 784 785 2308a.(18) ,2308a.(19) 2308a.(21) 2308a.(25) 2308a.(31) 2308a.(32) 2308a.(69) 2308a.(39) 2308a.(40) 2308a.(43) 2308a.(44) 2308a (50) 2308a.(51) 2308a.(69) 2308a.(70) 2308a.(71) 2308a.(72) 2308a.(73) 2308a.(95) 2308a.(27) 2308a (35) 2308a.(97) 2308a.(98) 2308a.(100) 2308a (101) 2308a.(102) 2308a.(103) 2308a.(111) 2308a (112) 2308a.(2) 2308a.(4) 2308a.(82) 2308a.(96) 2308a (110) 2308a (112) 2308a.(119) 1307 1308 1309 1310 2774 2493 2540 2554 2775 3.256 786 1534 1369 1395 1405 1535 1776 2542 2559 2560 1540 4681 4682 4686 719 608 781 970 563 563 629 5380 5555 5557 5558 5297 2517 2518 2660 781 2358 1237 3739 3740 3741 1662 1667 2548 2549 587 637 smºs-se wº-ºº: 2.783 8548 8551 8557 1241 2018 10284 10286 6892 3079 CHRONOLOGICAL TABLE OF LAWS IPage 1826] * Stat. at Large, - - Stat. at Large, Date of 2––– - - S. Sec. Sec. Date of 2–– - —y Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1809 1812 Mch. 2 27 2 2 535 588 — July 6 130 — 2 781 4068 7616 MCh. 2 27 2 2 535 589 — July 6 137 4 2 785 1209 1925 MCh. 2 27 3 2 535 590 — July 6 137 4 2 785 1604 2921 MCh. 3 28 1 2 535 3623 6618 || Dec. 18 5 — 2 788 551 968 MCh. 3 28 1 2 535 3675 6748 || Dec. 18 , 5 — 2 788 552 968 MCh. 3 28 1 2 535 3678 6764 Dec. 18 5 — 2 788 713 1235 *:::::: : 2 2 536 271 406 | 1813 - JVLCI 1. . . 28 5 2 536 229 333 || Jan. 29 16 12 2 796 1342 2308a.(107 Mch. 8 28, 5 2 536 257 386 Jan. 29, 16 13 2 796 1342 :::::::::: 1810 Jan. 29 16 13 2 796 1342 2308a.(110) Feb. 24 11 1. 2- 556 2355 4755 Jan. 29 16 15 2 796 1289 sm- MCh. 26 19 — 2 568 4190 7776 Jan. 29 16 15 2 796 1290 *- Apr. 30 37 33 2 603 1629 — | Feb. 2 18 1 2 797 1659 •–e May 1 44 2 2 608 1684 3130 | Feb. 2 18 2 2 797 1660 *m- May 1 50 2 612 94 139 Feb. 13 22 1. 2 799 4760 9092 1811 ; : ; ; ; ; ; ; - - € O. 0 #. ; ; ; ; ; ; ;|Feb. 1: 33 4 2 800 4763 9095 Feb. 26 26 1 2 650 4808 §200 ||Feb. 27 35 — 2 806 1875 10271 Feb. 26 26 2 2 650 4809 320i ||... ; ; T : ; }; 34.66 ITeb. 26 26. 3 2 650 4810 #393 |#. § 35 — 2 ; 1880 — Feb. 26 26 4 2 650 4811 3204 ||. — 2 806 1881 as- Feb. 26 26 5 - 2 650 4812 5206 ||Feb. 27 35 – 2 806 1882 3470 Feb. 26 26 § 2. čo 4:13 5207 |MCh. 3 #2 & 2 809 4374 $365 MCh. 2 31 1 2 655 2535 - |MCh. 3 #5 3 2 815 572 gººm- MCh. 2 31 2 2 655 2536 T | Mch. 3 50 1 2 818 4157 7738 MCh. 2' 31 4 2 656 2525 T | Mch. 3 52 4 2 819 1205 amºs- MCh. 2 33 2 2 657 2604 _ June 19 2 1 3 2 4392 81.48 MCh. 2 33 4 2 657 2535 - June 19 2 2 3 2 4394 8150 MCh. 2. 33 7 2 658 2568 July 22 14 1. 3 19 977 1618 Mch. 2 33 7 2 658 2569 July 22 14. 2 3 20 978 1619 MCh. 2 33 8 2 658 2553 - July 22 14 3 3 21 921 1547 MCh. 3 46 12 2 666 5251 98.46 July 22 14 3 : 3 21 982 1623 NOV. 28 2 — 2 667 572 July 22 18 — 3 35 2564 *- July 30 36 — 3 53 2171 sº- 1812 | Aug. 2 58 — 3 86 4761 9093 Jan. 11 14 19 2 3T3 . 1343 2308a (107) | 1814 - Jan. 11 14 21 2 674 1237 2018 vºl. 30 37 12. 3 114 1204 " -- Jan. 11 14 22 2 674 1289 T | Mch. 30 37 14 3 115 1288 216.2 Jan. 11 14 22 2 674 1290 _ MLCſ). ‘. . . . Jan. 23 17 2 2 676 584 Apr. 9 49 1 3 120 541 1084 Feb. 6 20 — 2 676 572. T | Apr. 9 49 2 3 120 551 968 Feb. 20 25 1 2 679 627 ==|º. 9 49 3 3 121 608 oo: Feb. 20 25 1 2 679 945 1571 Apr. 16 58 3 * 1: 1394 2921 IFeb. 20 25 3 2 682 861 1463 || Apr. 16 58 5' 3 125 1369 2493 MCh. 12 40 1 2 694 4316 3063 Apr. 18 65 - : i; *::: - *; Mch. 12 40 2 2 694 4317 gogg | Apr. 18 78 1 Mch. 26 45 — 2 696 658 | Apr. 18 78 1 3 133 428 644 Mch. 28 46 3 2 696 1133 1789 Apr. 18 78 1. 3 133 1554 645 MCh. 28 46 § 2 697 1133 1735 | Apr. 18 78 1. 3 133 1555 646 . MCh. 30 47 6 2 699 1378. 2526 || Apr. 18 80 — , 3 134 1631 IMCh. 30 47 6 2 699 1383 2531 | Apr. 18 84 1. 3 136 1569 2855 Apr. 8 50 4 2 703 781 -ms- Dec. 15 13 1 3 151 1135 1791 Apr. 25 - 68 tºº 2 716 440 669 Dec. 15 13 1. 3 151 1143 1796 Apr. 25 68. 1 2 716 453 699 Dec. 15 13 2 3 151 1135 1791 Apr. 25 68. 4 2 717 454 700 | 1815 Apr. 25 63 4 2 717 891 1504 || Jan. 30 27 — 3 195 80 118 Apr. 25 68 5 2 717 454 700 Feb. 8 38 4 3 203 1163 1854 Apr. 25 68 6 2 717 455 702 | Feb. 8 38 5 3 203 1166 1857 Apr. 25 68 7 2 717 457 704 || Feb. 8 38 7 3 204 1220 1968 Apr. 25 68 8 2 717 458 705 Feb. 8 38 7 3 204 1220 2181 Apr. 25 68. 8 2 717 459 706 | Feb. 8 38 7 3 204 1303 2191 Apr. 25 68 9 2 717 456 703 | Feb. 8 38 7 3 204 1342 2308a (84) Apr. 25 68 10 2 717 452 698 || Feb. 8 38 8 3 204 1164 1855 Apr. 25 68 11 2 717 446 690 | Feb. 8 38 8 3 204 1167 1858 Apr. 29 71 — 2 719 551 968 | Feb. 8 38 9 3 204 1165 1856 Apr. 29 72 2 2 720 1309 2206 | Feb. 8 38 11. 3 204 1293 2173 Apr. 29 . 72 2 2 720 1313 2224 | Feb. 8 38 11 3 204 1297 — Apr. 29 72 2 - 2 720 1337 2261 | Feb. 23 51 1. 3 212 57 81 Apr. 29 72 3 2 721 1319 2240 | Feb. 23 51 1 3 212 58 82 Apr. 29 72 3 2 721 1321 2242 | Feb. 23 51 1. 3 212 59 83 Apr. 29 72 3 2 721 1322 2243 || MCh. 3 79 7 3 224. 1116 1884 Apr. 29 72 4 2 721 1213 — | MCh. 3 79 7 3 225 1237 2018 Apr. 29 72 4 2 721 1214 — MCh. 3 95 – 3 235 767 1294 Apr. 29 72 4 2 721 1215 1915 MCh. 3 95 – 3 235 776 1302 May 22 92 1 2 742 1138 1950 MCh. 3 101 4 3 245 563 991 June 26 107 17 2 763 4759 9091 MCh. 3 101 4 3 245 629 991 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1816 MCh. 22 Mch. 22 Mch. 22 IMCh. 22 Apr. 2 Apr. 2 Apr. 16 Apr. 20 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 26 Apr. 26 Apr. 26 Apr. 26 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 29 1817 Jan. 14 Jan. 14 Feb. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. Mch. Mch. 1818 Jan. 22 Jan. 22 Mch. Mch. Apr. Apr. Apr. i Stat. at Large. - —Y Sec. Vol. Page. i 258 258 258 259 261 261 284 295 297 298 298 298 298 298 298 299 299 302 302 306 306 314 314 317 317 325 344 344 345 347 347 350 350 350 350 351 351 352 362 362 362 363 363 366 366 366 366 367 367 367 367 367 367 367 367 367 367 368 368 368 368 368 369 390 390 391 391 391 3.96 397 397 397 399 404 404 408 408 413 413 413 Sec. IPage Sec. R.S. Comp. St. 658 572 658 2165 705 706 94 1631 1190 1.188 1.191 1296 1302 1302 1205 1272 2771 2568 2571 2657 2733 42.19 4227 2439 2440 2223 4219 4227 101 2458. 2459 1883 863 945 627 2497 2498 42.19 4209 4210 4211 1862 1863 236 268 276 277 283 3673 260 283 269 3.18 273 3673 269 886 297 250 272 276 2659 42.19 531 551 767 776 781 4208 3128 2616 2630 3472 6746 454 409 6746 1498 466 416 7812. 1065 968 1294 1302 7799 5.840 5350 5368 6378 18271 Date of - Act. 1818 Apr. Apr. Apr. Apr. Apr. Apr. 11 Apr. 11 Apr. 14 Apr. 14 Apr. 14 Apr. 14 Apr. 14 Apr. 16 Apr. 16 Apr. 16 Apr. 18 Apr. 18 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 | Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 1819 Feb. 4 Feb. 4 Feb. 4 Feb. 4 Feb. 4 Feb. 4 Feb. 4 Feb. 4 Teb. 4 Feb. 4 Feb. 2 Mch. 2 Mch. 2 Mch. 2 Mch. 2 MCh. 2 Mch. 3 Mch. 3 3 3 3 Apr. 3 3 4 4 Stat. at Large, Sec. - - Sec. Chap. Sec. Vol. Page' R.S. Comp. St. .123 413 414 414 415 415 .415 425 425 425 426 427 427 427 427 427 427 433 433 439 439 443 443 444 444 447 448 448 448 448 448 448 449 449 449 449 450 450 450 451 451 451 451 451 451 452 452 452 452 462 462 462 462 462 462 462 463 463 464 465 466 466 466 479 479 486 492 492 492 492 493 502 503 503 781 599 541 657 1791 1792 2603 2604 4686 1309 1141 3715 1150 1211 1209 1604 2536 2535 205. 3808 935 936 937 1654 5281 5282 5291 5283 730 5284 5285 5286 5287 5288 5289 5290 5291 629 629 5551 5378 629 53.79 5553 5377 629 1046 104.7 545 572 579 551 551 608 658 767 776 2517 25.18 2237 2238 2240 531 767 770 776 57.1 1002 767 770 776 781 3050 4348 4351 4355 4359 4349 46 47 2559 2560 552 767 776 48 49 968 1294 1302 478 478 478 478 479 479 479 - 479 551 767 776 1084 3302 3303 8557 2206 1795 º, 6844 . . 1953 1927 1925 292] ºs-- 303 1561 1562 1563 10173 101.74 10182 10175' 1023 10176 10177 101.78 10179 10180 10181. 10182 991 991 10427 10422 991 10423 10429 991 1710 1712 1090 968 968 1294 1302 4472 4473 (2) 4476. 1294 1302 wºmmº- sº- 1294 1802 : 5753. , 8100 . ... 8103 81.07 8112 8101 968 1294 1302 CEIRONOLOGICAL TABLE OF LAWS Date of Act. 1819 Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMIch. Mch. Mch. IMIch. Mch. Mch. 1820 Peb. 10 Feb. 10 Feb. 10 Eleb. 10 Feb. 10 Feb. 10 Feb. 10 Feb. 10 Mch. 6 |M.Ch. 30 Apr. 21 Apr. 21 Apr. 21 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 Apr. 24 May 1 May 1 May 1 May 1 May 12 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 IMay 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 IMay 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 May 15 1821 IMCh. 2 Mch. 2 IPage 18281 Date of Stat. at Large. r—— Chap 70 5 3 503 77 1. 3 510 77 2 3 512 77 3 3 513 77 4 3 513 77 5. 3 513 85 -> 3 516 98. ... * 3 526 101 1. 3 532 101 1 3 532 101 l 3 532 101 1 3 532 101 1 3 532 101 2 3 533 101 3 3 533 101 5 3 534 11 1 3 541 11. 1 3 541 11 4 3 541 11 7 3 542 11 11 3 542 11 12 3 543 11 14 3 543 11. 15 3 543 22 6 3 547 27 - 3 554 47 2 3 564 47 6 3 565 47 7 3 565 51 1 3 566 51 1 3 566 51 2 3 566 51. 3 3 566 51 5 3 567 51 5 3 567 51 6 3 567 52 2 3 567 52 2 3 567 52 7 3 568 52 8 3 568 97 - 3 577 102 1. 3 582 102 1 3 582 102 1 3 582 102 2 3 582 102 3 3 582 102 4 3 582 107 2 3 592 107 2 3 592 107 2 3 593 107 2 3 593 107 2 3 593 107 2 3 593 107 2 3 593 107 2 3 593 107 3 3 594 107 3 3 594 107 3 3 594 107 4 3 595 107 4 3 595 107 5 3 595 107 6 3 595 107 8 3 596 107 8 3 596 107 9 3 . 596 111 1. 3 598 111 4 3 598 112 1 3 598 113 1 3 600 113 2 3 600 113 3 3 600 113 3 3 600 113 3 3 600 113 4 3 600 113 4 3 600 113 5 3 600 113 5 3 601 136 - 3 607 13 2 3 615 13 8 3 615 — Sec. Sec. Vol. Page. R.S. 781 4.293 4294 4295 4296 5368 2071 2369 629 5557 5558 5559 5560 5561 5562 5563 263 336 336 337 4200 337 251 251 3689 604 552 767 776 2353 2397 2356 2357 2238 2360 2365 228 429 3736 3670 1637 769 2244 2613 769 1.191 238 3625 3626 3627 3628 3629 3630 3631 3632 3633 3634 3635 3636 3637. 3636 3637 791 797 3638 572 781 4661 563 5368 730 5370 53.71 730 5376 730 5375 2458 1101 1134 Sec. Comp. St. 8039 8040 8041 8042 10463 4161 4777 991 10433 10434 10435 10436 10437 *-*- 10438 869 879 879 880 7792 880 384 - 384 6799 (42) 1107 968 1294 1302 4751 4805 4756 4757 4473 (8) 4769 4774 332 648 6889 6.738 1295 4484 5347 1295 1966 6624 6625 6626 6627 6628 6629 66.30 6631 6632 66.33 6634 6635 66.36 6635 66.36 1316 1325 6637 * 8436 991 10463 1023 10457 10475 1023 10420 1023 104.19 4977 tº-mºmes 1790 Act. 1821 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1822 Feb. Mch. Mch. Mch. Mch. Apr. Apr. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May IM a, y 23 7 1823 Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. MCh. Mch. Mch. Mch. Mch. MCh. Mſch. Stat. at Large. Chap. Sec. Vol. Page. 13 11 3 615 14 1 3 616 14 1 3 616 16 º 3 617 16 --> 3 617 16 t- 3 617 48 -E 3 642 51 tºº 3 643 51 * 3 643 52 3 3 644 9 - 3 651 12 2 3 653 12 4 3 653 12 5 3 653 12 5 3 653 24 ººm-º. 3 662 25 * 3 662 56 4 3 681 62 2 3 684 62 2 3 684 62 3 3 684 62 3 3 684 62 4 3 684 62 4 3 684 62 5 3 684 62 5 3 684 62 6 3 684 62 7 3 684 62 7 3 684 62 8 3 684 62 8 3 684 62 11 3 685 90 3 3 689 90 3 3 689 90 3 3 689 107 1 3 693 107 2 3 693 107 2 3 693 107 2 3 693 107 2 3 693 107 2 3 693 107 5 3 694 107 7 3 694 107 8 3 694 107 8 3 694 107 9 3 695 107 9 3 695 107 10 3 695 107 10 3 695 107 11 3 695 107 12 3 695 107 13 3 695 107 15 3 695 107 15 3 695 107 16 3 696 118 1 3 697 118 2 3 697 118 3 3 697 6 tºº 3 721 7 tº-º 3 721 7 º 3 721 7 mº- 3 721 7 - 3 721 7 - 3 721 7 -º-º: 3 721 9 1 3 723 9 1 3 723 11 º 3 726 11 — 3 726 11 sºmni 3 726 11 - 3 726 11 *ºs 3 726 11 -º-º: 3 726 21 3 3 730 21 4 3 730 21. 6 3 733 21 7 3 733 21 7 3 733 21 8 3 733 21 9 3 734 Sec. Sec. R.S. Comp. St. 1293 3098 309.9 2566 2567 2662 2603 601 637 4661 2460 551 767 776 781 2543 2531 4208 2562 2563 2562 2563 2562 2563 2562 2563 2562 2562 2563 2619 2663 4348 273 313 3673 2535 2548 2549 2552 2619 2771 2518 2659 2660 2674 2690 2719 2691 2720 2691 2641 2643 2634 2723 2693 2215 2217 2216 460 563 4.293 4294 4295 4296 5368 1563 3648 531 546 552 571 572 817 2963 2841 2.842 2843 2844 2845 2846 2173 5810 5811 – 7799 5 3 5 7 *-* H = : ; : – CHRONOLOGICAL TABLE OF LAWS Date of Act. 1823 Mch. Mch. IMCh. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1824. Jan. 7 Mch. 10 Mch. 10 Mch. 10 Apr. 22 Apr. 22 May 24 May 24 May 25 May 25 May 26 May 26. May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 1825 Jan. 12 Jan. 12 Jan. 12 Feb. 25 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. MCh. Mch. Mch. Mich. IPage 1829] stat. at Large. r—— ~, Chap. Sec. Vol. Page. 21 21 186 ; 1 - i ; 734 734 734 734 735 735 735 735 735 735 735 735 735 736 736 736 737 737 737 737 738 738 738 755 755 756 771 772 773 776 779 781 782 789 118 Sec. Sec. R.S. Comp. St. 2847 2848 2849 2850 2529 2544 2549 2558 2560 2569 2609 2614 2947 2724 2725 29.28 285.1 2852 6417 3036. 3034 3030 3031 2207 2208 2211 54.21 5422 658 572 2366 3099 2799 563 991 552 767 584 991 991 2372 2407 658 817 2562 2554 531 767 770 776 781 584 2286 2918 2362 3689 3689 3037 889 958 5385 5386 5391 5339 5339 5339 5345 730 5361 5362 5357 5358 5363 5387 5481 sº = : ; : = 545 551 579 3470 2167 216.5 6799 (44) 6799 (44) 5740 1502 1596 10458 10459 10462 10.445 104.46 104.48 10451 1023 10471 10472 10461 10470 10468 10459 10253 Date of Act. 1825 MCh. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. MCh. Mch. Mch. Mch. Mich. MCh. Mch. Mch. Mch. Mch. May 24 1829 Jan. 21 Jan. 21 Jan. 21 Stat. at Large. /- —y Sec. ... Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 65 13 4 118 5392 10295 65 13 4 118 5393 10296 65 14 4 118 730 1023 65 14 4 118 1032 1698 65 15 4 118 5542 10528 65 17 4 119 5416 1019.1 65 18 4 120 5435 10197 65 18 4 120 5436 101.98 65 19 4 120 5423 10240 65 22 4 12.1 5346 10449 65 23 4 122 5364 10469 65 26 4 122 5328 10500 78 -sº 4 124 658 gº- 93 1 4 127 1241 1972 93 2 4 127 1241 1972 96 1 4 127 2535 tº- 96 1. 4 127 2603 * 96 2 4 127 2517 tº- 99 1 4 129 4313 8059 99 2 4 129 4137 7715 99 3 4 129 4138 7716 99 3 4 129 4315 8061 99 4 4 129 4139 7717 99 4 4 129 4314 8060 99 5 4 129 4139 7717 107 1 4 132 4240 7986 107 2 4 133 4239 7985 23 -> 4 153 572 tº- 37 2 4 160 658 - 74 1 4 173 1133 1789 74 1 4 173 1139 1951 74 2 4 174 1221 1969 74 3 4 174 1304 2.192 83 1 4 179 2.276 4861 124 -* 4 184 985 1631 136 * 4 188 810 1261 154 2 4 194 1829 3341 4 1 * 4 197 861 1468 4 1. 4 197 868 1479 4 1 4 197 870 1481 4 2 4 199 861 1468 4 2 4 199 869 1480 4 2 4 199 870 1481 21 tº- 4 206 2.771 5467 41 wºme 4 226 572 ºn- 58 --> 4 237 2527 *- 58 — 4 237 2535 *-* 94 3 4 242 2458 4977 2 º 4 246 1766 3239 16 — 4 254 572 - 41 2 4 264 1838 3424 41 3 4 264 3752 6949 45 4 4 266 1801 3312 45 4 4 266 1810 3322 45 4 4 266 1819 3392 55 10 4 274 252 — 55 10 4 274 257 386 68 1. 4 278 913 1536 68 1 4 278 992 1638 68 2 4 281 988 1634 71 7 4 287 2361 4770 75 7 4 290 5244 9836 96 * 4 301 2370 4778 111 1. 4 308 4228 78.25 111 2. 4 308 4229 78.26 111 4 4 309 4230 7827 116 2 4 310 21.65 t- 119 * 4 312 4321 8069 121 1. 4 313 1370 2494 121 1. 4 313 1371 - 121 2 4 313 1373 2520 121 2 4 313 1374 2521 121 2 4 313 1382 25.30 121 3 4 313 1369 2493 5 sº 4 330 781 tº-wº 8 ºmº 4 331 658 -* 9 * 4 331 781 tº-mass 10 1 4 331 2562 tºmº CHRONOLOGICAL TABLE OF LAws Date of Act. H'S29 Jan. 21 Jan. 21 Jan. 21 Jan. 21 Jan. 21 Feb. 24 MCh. 3 1830 Feb. 11 Feb. 11 MCh. 23 MCh. 31 MCh. 31 MCh. 31 MCh. 31 MCh. 31 MCh. 31 May 5 May 5 May 5 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 . May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 29 May 31 May 31 1831 Jan. 27 Feb. 12 Feb. 12 Mch. Mch. Meh. Mch. Mch. Mch. Mch. , Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. IPage 1830I Stat. at Large, 10 10 12 12 12 19 51 14. 14 35 48 48 48 i 331 331 332 332 332 335 363 372 373 382 392 392 392 392 392 392 399 399 399 409 409 409 409 410 410 410 411 411 411 412 412 414 414 414 414 414 414 414 414 414 414 414 414 414 414 415 415 415 415 415 417 417 417 417 418 418 422 422 425 425 434 441 442 472 472 472 475 475 476 476 476 476 476 476 476 476 480 480 480 480 480 2619 2562 685 686 685 658 1812 4344 4346 2835 2373 2374 2375 2376 2568 2542 776 781 572 2529 2544 2615 2929 2899 3032 3033 25.30 25.45 2925 2114 2114 2554 349 3625 3626 3633 3750 3751 372 791 797 373 374 375 773 772 3083 379 378 377. 2412 2413 1342 1342 1342 1342 572 658 42.19 4228 572. 4306 3.036 2461 2462 4751 2568 2574 2575 3055 2546 2562 2563 2619 2664 2517 2544 2568 2619 2708 2822 º- S Sec. Chap. Sec. Vol. Page. R.S Sec. . Comp. St. 5357 1208 1209 1208 3327 8093 8095 10226 4781 4782 4783 - 1302 548 1316 1325 549 550 551 1299 1298 5786 555 554 553 48.25 2308a,(58) 2308a.(59) = = – Mch. | May Date of Act. 1831 Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. MCh. Mch. 1832 |Feb. Apr. Apr. Apr. Apr. Apr. ; 0 July July July July July July 10 July 10 July 10 July 10 July 10 July 10 July 10 July 13 July 13 July 13 July 13 July 14 July 14 July 14 July 14 July 14 July 14 July 14 July 14 July 14 1833 IFeb. 5 Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mſch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. 1834, June 28 June 30 June 30 Stat. at Large. - Chap. Sec. vol. Page." 87 1 4 480 87 1 4 480 87 2 4 481 87 2 4 481 87 3 4 481 87 3 4 481 87 3 4 481 S7 4 4 481 87 5 4 481 87 5 4 482 87 5 4 481 91 — 4 482 99 1 4 487 99 2 4 488 116 1 4 492 116 1 4 492 116 4 4 493 . 116 4 4 493 116 5 4 493 116 5 4 493 15 — 4 497 65 — 4 503 65 — 4 503 66 — 4 503 67 2 4 504 67 2 4 504 109 2 4 520 174 1 4 564 174 1 4 564 174 3 4 564 174 4 4 564 174 5 4 564 191 1 4 570 191 2 4 57.1 194 1 4 572 194 1 4 572 194 5 4 573 194. 5 4 573 194 5 4 573 201 2 4 577 201 2 4 577 201 3 4 577 207 3 4 579 221 1 4 579 221 2 4 579 221 3 4 579 221 4 4 579 224 4 4 582 227 5 4 591 227 9 4 592 227 13 4 593 233 — 4, 597 16 — 4 611 54 1 4 622 54 1 4 622 55 3, 4 630 57 — 4 632– 635 57 2 4 632 57 2 4 632 57 3 4 633 57 3 4 633 57 4 4 634 57 6 4 634 57 6 4 634 57 7 4 634 57 7 4 634 57 7 4 634 67 3 4 647 67 3 4 647 68 6 4 647 68 6 4 647 74 1 4 651 74 1 4 651 74 2 4 651 74 2 4 651 102 — 4 702 132 2 4 713 132 2 4 713 Sec. Sec. R.S. Comp. St. 28.23 2825 2826 2827 2828 2829 2830 2831 2544 2619 2708 781 725 5399 2207 2223 2230 2233 2208 2225 658 2354 2397 940 1109 1110 2063 462 463 464 2139 2073 4681 4685 4750 4758 4807 4809 4810 2562 2563 5537 5.538 751. 752 753 2463 4205 1118 1342 2527 2529 2527 2529 2359 1342 1621 5 3 5 7 — 1245 10305 4435 4457 4465 4468 *- 4459 4136a, 4017 8548 8554 9083 9090 91.99 92.01 9203 78.25 119 143 123 124 1804 5577 5635 5607 10131 2308a(4) 2948 CEIRONOLOGICAL TAPLE OF LAWS June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 1835 Feb. 24 Mch. Mch. Mch. Mch. Mch. i [Page 1831I Stat. at Large, Chap. 132 132 132 132 132 132 132 133 135 135 135 135 135 135 135 135 135 135 135 135 135 135 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 161 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 . 162 162 - - —y Sec. Vol. Page. i 713 713 713 713 713 713 713 714 715 . 715 715 715 715 715 715 715 716 716 716 716 71.6 716 729 729 729 729 729 730 730 730 730 730 730 730 731 731 731 731 731 731 732 732 732 732 733 733 733 733 733 , 733 734 735 735 735 735 736 736 736 737 737 737 737 737 737 737 737 737 737 737 737 737 738 738 738 739 753 757 756 756 757 757 773 Sec. IR.S. 1610 1603 1617 1612 1598 1620 1604 1172 2566 2567 2568 2666 2832 2833 2527 2543 2541 2542 2619 2667 2517 25.18 2129 2131 2130 2132 2133 2134 2135 2137. 2117 2147 21.18 2116 2111 2112 2113 2154 2155 2156 2157 215.2 2141 2150 2126 2150 2151 533 2145 2124 2125 2050 2059 2060 2062 2065 2058 2066 2075 206.8 2069 2072 2074 2076 2077 2086 2062 2082 2083 2088 2091 2078 2110 465 5539 781 1372 1442 1557 1593 1566 5442 Sec. Comp. St. 2927 2920 2.944 2929 2907 2947 2921 = = 5 3 5 7 = Mch. Date of Act. 1835 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1836 Mch. 19 Mch. 19 Mſ.Ch. 19 Mch. 19 Mch. 19 Apr. 20 Apr. 20 Apr. 20 May 9 May 20 Mch. 3 Stat. at Large, Sec. 572 5360 5359 4347 1031 1032 5536 5548 470 470 471 470 1141 1150 37.15 1650 1653 1652 1657 1656 1881 1882 4377 209 2448 1766 4734 533 551 572 581 767 776 781 5.245 3689 551 767. 776 781 276 889 952 958 964 775 792 5.535 276 440 440 446 453 448 891. 449 447 459 450 460 891 2469 2.245 162 2247 452 64 2093 2094 2095 2096 2660 2771 1418 1419 4236 447 608 658 571 /–– —y Chap. Sec. Vol. Page. R.S. 34 — 4 773 40 1 4 775 40 2 4 776 40 3 4 776 40 4 4 777 40 4 4 777 40 5 4 777 40 5 4 777 46 1. 4 779 46 2 4 779 46 2 4 779 46 3 4 779 49 1 4 780 49 1 4 780 49 1 4 780 44 1 5 7 44 2 5 7 44 3 5 7 44 4 5 7 44 5 5 7 54 10 5 14 54 10 5 14 55 *- 5 16. 59 2 5 25 76 tº- 5 31 77. tº- 5 31 77 tº- 5 31 100 4 5 51 100 4 5 51 100 4 5 51 100 4 5 51 100 6 5 51 100 7 5 51 100 7 5 51 119 2 5 57 121 5 5 60 234 2 5 62 234 4 5 62 234 5 5 62 234 5 5 62 270 8 5 81 270 15 5 82 270 15 5 82 270 15 5 82 270 15 5 82 270 16 5 83 270 16 5 83 270 38 5 88 270 44 5 89 352 - 5 107 352 - 5 111 352 1 5 107 352 1 5 107 352 2 5 109 352 2 5 109 352 3 5 110 352 4 5 111 352 4 5 111 352 6 5 111 352 7 5 11.1 352 7 5 111 352 7 5 111 352 9 5 111. 352 12 5 112 352 13 5 112 352 14 5 112 356 6 5 117 1 1. 5 135 1. 2 5 135 1 3 5 135 1. 4 5 135 13 --- 5 , 146 13 E-º- 5 146 21 1 5 153 21 1 5 153 22 * 5 153 33 1. 5 164 34 2 5 177 34 2 5 177 34 3 5 177 Sec. Comp. St. 1504 4485 236 4495 698 88 4069 4070 4073 4074 54.67 2575 2580 7982 693 CHRONOILOGICAL TABLE OF LAWS Date of Act. 1837 IMCh. 3 MCh. 3 MCh. 3 TMCh. 3 Oct. 12 Oct. 16 T}ec. 22 1838 Feb. 22. IMCh. 10 Mch. 10 IMCh. 28 Mich. 28 June 18 June 18 June 18 June 18 June 18 June 18 June 18 June June June June June June JUIne June June July July July July July July July July July July July July July July July July July July July July July July July July July July July July 7 1839 Jan. 18 Jan. 18 : 1 8 : Jan. 18 Jan. 18 Jan. 18 Jan. 18 Jan. 18 Jan. 18 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 IFeb. 16 Feb. 28 IFeb. 28 Feb. 28 Feb. 28 Feb. 28 IPage 1832I Stat. at Large, 2- Chap. Sec. Vol. 118 118 118 118 118 118 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 169 169 169 169 175 175 178 185 187 193 194 2 : . 20 tº-;; i -1 Y Page. 177 177 187 187 204 207 208 210 215 215 215 215 247 247 247 247 247 247 248 248 248 249 249 250 250 250 250 250 257 257 258 258 258 259 259 259 259 259 259 259 260 260 260 260 267 267 267 267 287 287 288 297 302 308 308 308 313 313 313 313 313 3.13 313 314 315 315 316 316 316 317 317 317 317 317 317 321 321 321 322 322 Sec. Sec. IR.S. Comp. St. 608 1002 470 471 826 3689 1536 658 572 658 57.1 1002 539 572 608 658 552 572 767 776 781 547 781 552 584 §86 776 767 1130 1137 1146 1148 1294 1124 1309 1337 1190 1184 1185 1.188 1153 1321 1116 1224 2566 2567 2619 26.68 2566 2832 2798 5437 204 658 1121 1153 547 552 586 608 767 776 781 672 552 581 767 776 584 571 608 658 608 658 1002 942 990 737 732 1047 — 727 728 1380 6799 (19) 2776 = 1. 0 7 6 : i : : 9 6 8 HDate of Act. 1839 Feb. 28 Feb. 28 Feb. 28 Feb. 28 MCh. 3 Mch. 3 MCh. 3 Mch. 3 Il 840 Mch. Mſch. MCh. Mch. Mch. Mch. Apr. Apr. May May 27 June 12 June 12 June 12 July 4 July 4 July 4 July 4 July 4 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 1841 Jan. Jan. Mch. Mch. Mich. Mch. Mich. Mch. Mch. Mch. Mſch. Mſ.Ch. Aug. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. 11 i : i 842 May 18 June 4 July 27 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Stat. at Large, z- Chap. 36 5 5 322 36 6 5 322 36 8 5 322 36 8 5 322 81 5 5 337 82 2 5 348 82 3 5 349 82 3 5 349 4 1 5 369 4 2 5 369 4 2 5 369 4 3 5 369 4 4 5 370 4 4 5 : 370 6 1. 5 370 6 2 5 370 23 tº- 5 380 27 º 5 381 35 tº- 5 384 36 1 5 384 36 2 5 385 43 1. 5 392 43 2 5 393 43 2 5 393 43 3 5 393 43 4 5 393 47 tº- 5 394 47 º 5 394 48 t- 5 394 48 tº- 5 395 48 ºmme 5 397 48 *- 5 395 48 * 5 396 48 * - 5 396 48 -*- 5 396 48 tºmº 5 396 48 º- 5 397 48 * -º-º: 5 397 48 *- 5 395 48 wº- 5 395 50 3 5 398 50 3 5 398 2 tº- 5 410 2 tº- 5 410 26 2 5 417 35 1 5 427 35 5 5 432 35 5 5 432 35 5 5 432 35 5 5 432 35 5 5 432 35 5 5 432 35 5 5 432 35 6 5 432 8 2 5 440 16 7 5 455 16 8 5 455 16 8 5 455 16 10 5 455 16 10 5 455 16 10 5 455 16 10 5 455 16 11 5 456 16 12 5 456 16 12 5 456 16 13 5 456 16 14 5 457 16 15 5 457 25 2 5 465 29 º- 5 480 38 tºº 5 489 68. - 5 496 109 º- 5 499 109 sº- 5 499 120 1. 5 499 120 2 5 499 120 3 5 499 120 3 5 500 120 3 5 500 —N Sec. Sec. Vol. Page. R.S. 5327 1020 615 616 572 3010 1765 1779 470 470 471 470 470 471 4339 4573 572 2528 2246 2218 2248 672 669 670 691 967 800 801 45.75 45.75 1736 4523 4559, 4560 4561 4562 4563 4575 4583 4584 1309 1337 942 990 458 770 2647 2688 2689 2690 2704 2719 27.20 2956 4724 2249 2378 23.79 2258 2259 2260 2261 2273 2238 2263 2262 • 2282 2264 3659 1888 2534 572 913 992 2533 2531 2533 2534 2669 Sec. Comp. St. 10499 1684 * * * 5713 3234 3263 727 4478.1) – 66.67 3477 CHERONOLOGICAL TABLE OF LAWS Date of Act. 1842 Aug. 4 Aug. 4 Aug. 4 Aug. 9 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 26 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Alig. 30 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Aug. 30 Stat. at Large, — Sec. Sec. Vol. Page. R.S. Co Chap. 121 - 5 500 121 -mºs 5 500 123 -º-º-º: 5 504 126 * 5 504 179 --> 5 507 179 -º- 5 507 180 -* 5 507 181 -* , 5 507 183 2 5, 510 186 2 5 512 186 2 5 512 186 2 5 512 186 3 5. 513 186 6 5 513 188 1. 5 517 188 1. 5 516 188 1 5 516 188 1. 5 517 188 1. 5 517 188 2 5 517 188 3 5 517 188 3 5 517 188 3 5 517 188 4 5 517 188 5 5 517 188 5 5 517 188 6 5 518 188 6 5 518 188 6 5 518 188 8 5 518 202 2 5 524 202 11 5 525 202 11 5 525 202 11 5 525 202 12 5 525 202 13 5 525 202 13 5 525 202 13 5 525 202 14 5 525 202 15 5 526 202 15 5 526 202 16 #5 526 202 19 5 527 202 20 5 527 202 20 5 527 202 20 5 527 202 25 5 533 205 -* 5 534 206 1 5 535 206 2 5 535 206 4 5 535 206 6 5 536 207 1. 5 536 207 1. 5 536 207 2 5 537 207 2 à 537 257 tº-mms 5 539 257 *-ºs 5 539 257 -º 5 539 257 tº- 5 539 257 ºmmº 5 539 257 tºº-ººs 5 539 257 -ºs. 5 539 257 --> 5 539 259 2 5 541 259 2 5 541 264 * 5 545 264 — 5 545 264 *s 5 545 264 --> 5 545 270 15 5 563 270 15 5 563 270 16 5 563 270 16 5 563 270 17 5 564 270 17 5 564 270 17 5 564 270 17 5 564 270 17 5 564 270 19 5 565 270 20 5 565 270 21 5 565 270 21 5 565 1395 1405 1002 2527 2603 2604 658 208 1765 1.191 1663 1664 1133 1311 563 727 1014 4546 4547 879 563 578 4211 5356 574 638 862 917 918 966 677 60 194 195 1764 173 174 175 3660 171 172 192 3683 60 62 193 3681 2271 1624 1549 1384 1389 237 257 11 237 751. 752 753 762” 763 764 765 766 1844 1886 677 681 682 683 3017 3027 2902 2905 2909 2922 2923 2924 2930 2865 2499 2901 2921. Sec. mp. St. 2540 2554 10460 976 1470 1543 1544 1605 1195 84 ---º 3233. 255 256 257 6671 254 273 6784 84 86 275 6781 2972 2808 2532 2.538 Mch. Mch. IPage 18331 Date of Act. 1842 Aug. 30 Aug. 30 Aug. 30 Aug. 31 Aug. 31 Aug. 31 Aug. 31 Aug. 31 1843, Jan. 20 Jan. 20 Feb. 15 Feb. 15 Feb. 24 Mch. 1 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. 1844 Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 30 May 31 June 3 June 4 June 4 June 12 June 15 June 15 June 15 June 15 June 15 June 15 June 15 June 15 June 15 June 15 June 15 June 17 June 17 June 17 June 17 : 2 3 0 June 17 June 17 June 17 June 17 June 17 June 17 June 17 June 17 June 17 June 17 June 17 June 17 I845 Jan. 23 Jan. 23 Jan. 23 Stat. at Large, r– —y Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 270 22 5 566 2.946 5633 270 23 5 566 2949 5635 270 24 5 566 2652 5392 279 6 5 577 1391 -ms- 279 6 5 577 1394 *-* 279 7 5 577 1552 -*-* 286 2 5 579 419 622 286 8 5 580 420 625 4 -*s 5 597 470 727 4 2 5 597 471 728 32 1 5 600 658. *-* 32 2 5 600 572 *- 44 tº-º- 5 601 658 * 49 -> 5 602 3689 ºmº- 52 2 5 606 1315 —- 71 *= 5 609 2517 -*-* 72 -*s 5 609 2507 --- 74 2 5 610 582 *— 79 1. 5 611 2122 4112 78 2 5 611 2123 4113 83 * 5 617 429 648 83 --> 5 617 3718 6862 83 * 5 617 3720 6865 86 2 5 620 2269 -e- 86 4 5 620 2.261 -** 86 5 5 620 2265 -º- 86 6 5 620 2270 – 86 9 5 621 2272 --- 95 1 5 627 891 1504 95 1. 5 627 2470 710 95 2 5 628 891 1504 97 wºmms 5 628 658 -* 100 1 5 637 2214 4447 100 1 5 640 4683 8552 100 1. 5 640 4684 8553 8 1 5 653 3074 5777 8 1 5 653 3075 5778 8 1 5 653 3076 5779 8 1. 5 653 3077 5780 8 2 5 653 3689 6799 (26) 8 3 5 654 3079 578 12 3 5 655 658 -ms- 15 — 5 657 4724 mº- 15 *mºs 5 657 4735 9051 31 º 5 658 699 *- 37 º 5 660 4691 --- 38 -º- 5 660 572 *- 39 -º- 5 661 2619 5357 47 -g 5 663 2897 *m-ºs- 51 1. 5 664. 2527 -ms--- 51 1 5 664 2548 cºmmº- 51 1 5 664. 2549 -*- 51 1. 5 664. 2552 ºsmº- 51 1 5 664. 2553 *- 51 1. 5 664. 2559 *- 51 1 5 664 2560. *r- 51 2 5 664. 2566 *-m- 51 3 - 5 664. 2568 5334 69 l 5 670 1849 3436 69 2 5 671 1856 3444 103 -*º 5 680 533 1056 105 1 5 681 69 95 105 1. 5 687 170 253 105 1 5 691 46.87 8558 105 2 5 693 3663 6681 105 2 5 693 3664 6685 105 5 5 696 267 400 105 6 5 696 266 399 107 1 5. 700 1414 2567 1.07 1 5 700 1415 2568 107 1. 5 700 1438 2610 107. 1 5 701 1439 2611 107 1. 5 700 1567 2853 107 1 5 701 1568 2854 107 4 5 703 1550 2812 107 5 5 703 3730 6881 1 -º 5 721 131 199 1 º-º 5 721 133 201 1 -- 5 721 134 202 CHRONOI/OGICAL TABLE OF LAWS Date of Act. 1845 Mich. 1. 3 3 3 3 3 3 3 3 3 3 3 3 ... 3 Mche 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 IPage 1834I Stat. at Large, Chap. 17 Sec. Sec. Sec. Vol. Page." R.S. Comp. St. i i 1 1 i 725 726 726 727. 731. 739 739 750 751. 752 .752 752 763 788 788 788 788 788 788 788 788 789 789 789 789 789 790 794 794 794 794 794 795 1433 566 576 3011 658 563 629 3002 3056 3008 3017 3.057 3680 3689 534 551 581. 767 770 776 781 551 767 770 776 781 3689 1404 3721 1442 1557 1391. 2747 551 767 770 776 781 2578 2579 2578 2579.’ 2578 2579 2709 470 2687 2645 2948 4730 1154 1156 1157 1152 1.191 1130 1205 1162 2092 658 2601 2602 3689 4251 4585 4587 3477 2920 2616 26.17 1624 2450 2451 2452 2453 2454 2455 2964 2973 2974 2975 2979 2603. 1583 *r- -- -º- 991 991 5687 5758 5693 5722 57.59 6799 (42) 1061 968 978 1294 - 1302 968 1294 - 1302 6799 (42) 2552 6869 2614 2832 - 8459%b (1) 96 1294 1302 Date of Act. 1846 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Stat. at Large, ..." 2– Chap. 84 84 84 84 84 178 178 178 178 178 178 —) Sec. Vol. Page. \ Sec. Sec. R.S. Comp. St. 2.980 3009 2985 2986 2987 2988 251 2989 551 767 770 776 781 3689 3591 3593 3598 3599 3598 3599 3595 3600 3639 3600 3615 - 3640 3642 3644 3649 3650 3653 3616 887 3643 5490 5491 5492 5493 5494 5495 5496 3473 3651 3645. 3652 3596 3597 1327 1328 1329 1309 658 1037 810 813 1038 1039 1018 5383 1019 879 881 878 1777 908 3053 5246 1002 728 2231 2232 895 71 3074 1416 3719 5579 3689 5590 5580 5581 5582 5593 5666 5710 5678 5679. 5680 5681 384 5682 968 1294 1302 6799 (42) 6578 6582 6588 6589 6588 6589 6584 6590 6638 6590 6604 6639 6641 6643 6653 6654 6657 6605 1500 6642 10257 10258 10259 10260 10261 10262 10263 6379 6655 6644 6656 6586 6587 2249 2250 2251 2206 smº- 1261 s=- 1682 10479 1683 1490 1492 1489. 3257 1522 5756 9838 1248 4466 4467 1508 97 5777 2569 6863 10565 6799 (49) 10582 10566 10567 10568 10585 CHRONOLOGICAL TABILE OF LAWS Date of Act. 1846 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 Aug. 10 1847 . Feb. 9 Feb. 9 ; : 9 . 11 . 11 . 15 . 20 . 22 . 22 . 22 . 22 . 23 . 23 . 23 . 23 2 3 ... 23 . 23 . 23 . 23 . 23 . 23 Mch. 1848 Jan. 26 Jan. 26 11 . 23 C &º-ºº-e--ºeº-&----->e*h.---eo&eººº{be-oeoe& IPage 1835I Stat. at Large. c-— —N Chap. Sec. Vol. Page. 178 178 178 178 178 178 178 178 178 180 1 ; 104 104 105 105 105 105 105 105 106 107 123 123 123 125 126 126 126 127 128 128 128 128 131 131 131 131 131 131 131 131 131 131 131 131 132 154 154 172 171 171 171 172 172 172 172 173 173 173 175 175 179 181. 182 182 182 182 182 182 182 183 183 183 183 183 183 183 184 185 185 186 186 186 186 186 186 203 203 203 209 209 Sec. R.S. 5588 5589 5586 5583 5584 5585 5587 5592 5594 3707 3689 3689 3698 1169 2418 2419 658 4781 567 568 569 704 534 551 553 572 575 581 658 4241 767 770 776 781 534 1598 1602 1405 1549 3618 3692 3721 1414 1415 1438 1568 1569 284 730 5374 3689 941 2578 2579 2578 2579 2578 2579 2710 2578 2579 2517 2517 2518 2517 2518 1130 1187 11.83 1214 1216 1285 1286 1101 1187 2066 2086 2087 Sec. Comp. St. 10580 10581 10575 10570 10573 10574 10579 10584 10587 6822 6799(9) 6799 (10) 6813 i835 4830 4831 *-* - 1044 1045 1046 1061 968 Aug. Aug. Date of Act. 1848 Jan. 26 Jan. 26 Jan. 26 Jan. 26 Feb. 22 JFeb. 22 Feb. 22 Feb. 22 Mch. 14 May 9 May 9 May 9 May 27 May 27 May 29 May 29 June 26 June 26 | June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 July 19 July 19 July 29 July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. i i 1. 1. Aug. Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 12 Aug. 12 Aug. 12 Aug. 12 Aug. 12 Aug. 12 Aug. 12 Aug. 12 Aug. 14 Aug. 14 1849 Stat. at Large, 451 2535 Jan. 19 Eleb. 22 /- —y Sec. Chap. Sec. Vol. Page. R.S. 5 — , 9 210 2536 5 * 9 210 2537 5 *- 9 210 2540 5 - 9 209 4345 12 2 9 212 567 12 2 9 212 568 12 2 9 212 569 12 2 9 212 704 18 *- 9 213 933 40 — 9 220 2566 40 * 9 220 2567 40 *- 9 220 2616 48 1 9 232 3126 48 2 9 232 3127 50 4 9 234 576 50 4 9 234 581 70 1 9 237 2933 70 2 9 238 2934 70 3 9 238 2935 70 4 9 238 2936 70 4 9 238 2937 70 5 9 238 2529 70 5 9 238 2544 70 5 9 238 2549 70 5 9 238 2558 70 5 9 238 2569 70 5 9 238 2612 70 5 9 238 2743 70 6 9 : 239 2611 70 6 9 239 2616 70 6 9 239, 26.17 73 1 9 240 86 73 1 9 240 87 104 3 9 247 1130 104 3 9 247 1187 118 2 9 264 2099 118 4 9 264 3689 121 11 9 272 3721 121 12 9 272 1401 121 13 9 272 1551 141 2 9 274 4214 141 3 9 274 4215 143 1. 9 274 532 143 1. 9 274 552 143 1 9 274 . 572 143 2 9 274 572 144 - 9 275 2527 145 tº- 9 275 2601 151 1 9 280 535 151 1 9 280 572 151 2 9 280 552 151 2 9 280 572 151 4 9 280 608 151 4 9 280 658 . 151 5 9 280 608 151 5 9 280 658 151 7 9 281 767 151 7 9 281 776 151 7 9 281 777 151 8 9 281 57.1 151 8 9 281 608 151 8 9 281 658 151 9 9 281 1002 151 10 9 281 584 154 — 9 282 658 155 1. 9 282 4729 155 2 9 283 4.728 155 2 9 283 4729 155 3 9 283 4.728 155 3 9 283 4729 166 1 9 292 828 167 1 9 302 5270 167 2 9 302 5271 167 3 9 302 5272 167 4 9 303 5273 167 5 9 303 5274 169 - 9 303 572 169 * 9 303 658 177 10 9 327 1881 177 10 9 327 1882 20 ºsmºs- 9 341 470 61 1 9 346 907 Sec. Comp. St. 5356 5355 5350 5351 126 127 1765 1803 6799 (47) = CHRONOLOGICAL TABLE OF LAWS Date of Act. 1849 Teb. Teb. Feb. IMIch. Mch. Mch. Mch. IMſch. Mch. Mch. Mch. Mch. IMIch. Mch. Mch. Mich. Mch. Mch. Mch. MIch. Mch. Mch. Mch. Mch. IMIch. Mch. Mch. Mch. IMIch. Mch. Mch. Mch. Mch. Mch. Mch. IMſch. IMſch. Mch. IMCh. Mch. Mch. Mch. Mch. Mch. TMIch. IMſch. Mch. Mch. Mch. IMIch. Mch. Mch. IMIch. IMch. Mch. IMch. Mch. IMch. Mich. IMſch. IMch. -Mch. 1850 May 23 June 5 June 5 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 July 29 IPage 18361 Stat. at Large, /− Chap. 108 108 108 108 108 108 108 108 108 108 108 110 110 110 110 110 112 112 112 118. 118 122 122 122 124 124 124 124 124 124 124 125 127 127 129 129 129 129 129 129 129 129 Sec. Sec. Sec. Vol. Page." R.S. Comp. St. 2 - 2 347 347 347 350 • 350 350 351 351 377 395 395 395 396 395 395 395 395 395 395 395 395 395 395 3.96 396 396 396 3.96 396 396 396 398 398 398 399 399 400 400 400 403 403 409 409 410 411. 410 410 411 412 412 412 412 414 414 414 415 415 415 415 416 416 416 432 437 437 440 440 440 441 441 441 441 441 441 441 372 883 882 1187 1.192 907 1121 1130 1618 161 277 440 440 437 444 248 441 441 441 441 443 441 441 269 316 317 3.18 2639 234 245 2204 36.17 3048 3689 2978 258 2582 2582 2582 800 801 2578 2579 4342 584 586 744 744 560 768 778 2517 2549 4343 3482 3483 3689 277 34.86 . 3487 3689 3485 21 2046 2058 4.192 4193 4.194 41.95 4142 4155 41.96 4319 4559 5367 2531 587 591 596 593 595 594 548 1495 1494 1803 1967 1521 1765 29.45 235 419 669 669 665 683 381 681 681 1 252 = 8 0 9 1 7781 7720 7736 77.82 8065 8348 10474 = Sept. Date of Act. 1850 Aug. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Stat. at Large, Sec. Sec. R.S. Comp. St. 2.188 1839 1840 1896 1841 1842 1843 1844 1847 1848 1849 1922 1846 1859 1860 1850 1851 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1912 1926 1875 1876 1881 1882 1877 1878 1935 1939 1942 1885 1944 1862 1863 1946 1873 1913 1918 1891 1839 1840 1897 1841 1842 1843 1844 1846 1847 1848 1849 1922 1859 1860 1850 1851 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 442 442 442 442 443 443 443 980 984 982 986 983 Chap. sec. vol. Page." 43 2 9 445 49 2 9 .447 49 2 9 447 49 2 9 447 49 3 9 447 49 3 9 447 49 4 9 448 49 4 9 448 49 5 9 448 49 5 9 448 49 5 9 448 49 5 9 448 49 6 9 448 49 6 9 449 49 6 9 449 49 7 9 449 49 7 9 449 49 8 9 449 49 9 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 10 9 449 49 11 9 450 49 11 9 450 49 11 9 450 49 11 9 450 49 12 9 450 49 12 9 450 49 12 9 450 49 12 9 450 49 12 9 450 49 13 9 451 49 13 9 451 49 14. 9 451 49 14 9 451 49 15 9 452 49 16 9 452 49 16 9 452 49 16 9 452 49 17 9 452 51 1 9 453 51 1 9 453 51 1 9 453 51 2 9 453 51 2 9 453 51 3 9 453 51 3 9 453 51 4 9 454 51 4 9 454 51 4 9 454 51 4 9 454 51 4 9 454 51 5 9 454 51 5 9 454 51 6 9 454 51 6 9 454 51 7 9 455 51 8 9 455 51 9 9 455 51 9 9 455 • 51 9 9 455 51 9 9 455 51 9 9 455 51 9 9 455 51 9 9 455 51 9 9 455 51 9 9 455. 51 9 9 455 51 9 9 455. 51 9 9 455 1872 . 1883 1907 tºmºmºmºsº 3.425 3426 ºmºsºs 3427 3428 3.429 3430 3434 3435 3436 3433 3448 3449 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1850 Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. 16 Sept. 16 Sept. 16 Sept. 16 Sept. 16 Sept. 26 Sept. 27 Sept. 27 Sept. 27 Sept. 27 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 28 Sept. 30 & IPage 1837] Stat. at Large, /-— —y Sec. Sec. Wol, Page. R.S. Co Sec. mp. St. Date of Act. Chap. 51 9 9 455 51 9 9 455 51 9 9 455 51 9 9 455 51 10 9 456 51 10 9 456 51 10 9 456 51 10 9 456 51 11 9 456 51 11 9 456 51 11 9 456 51 11 9 456 51 11 9 456 51 12 9 457 51 12 9 457 51 13 9 457 51 13 9 457 51 14 9 457 51 15 9 457 51 I6 9 458 51 16 9 458 51 17 9 458 52 1 9 458 52 1 9 458 52 2 9 458 55 1 9 459 55 2 9 459 69 tº- 9 469 76 1 9 496 76 2 9 496 76 2 9 496 76 3 9' 496 77 6 9 504 77 7 9 504 78 ,3 9 507 79 1 9 508 79 1 9 508 79 2 9 508 79 4 9 509 79 5 9 509 79 5 9 509 79 6 9 509 79 7 9 510 79 8 9 510 79 8 9 510 79 9 9 510 79 10 9 510 79 11 9 510 79 11 9 510 79 12 9 511 79 12 9 511 79 13 9 511 79 13 9 511 79 14 9 511 79 14 9 511 79 14 9 511. 79 17 9 512 79 18 9 512 79 19 9 512 79 20 9 512 79 21 9 512 80 *- 9 515 80 1 9 513 80 1. 9 515 80 1. 9 515 84 1 9 519 84 2 9 519 84 3 9 519 84 4 9 520 85 1 9 520 85 1 9 520 85 1 9 520 85 2 9 520 85 3 9 520 85 3 9 520 85 4 9 521 85 4 9 521 86 3 9 522 86 6 9 522 86 6 9 522 86 8 9 522 86 9 9 522 90 1 9 523 1909 1910 1912 1926 1875 1876 1881 -1882 1877 1878 1935 1939 1942 1885 1944 1862 1863 1953 1946 1873 1913 1891 782 1778 782 263 263 3129 2207 2209 2211 2409 4678 4672 3617 2582 2583 2583 5293 2597 2601 2598 2598 2595 2596 2596 2967 2568 28.23 2603 2604 2527 2529 2568 27.08 28.23 2978 3054 2822 2576 2569 435 3718 3728 4611 2479 24.80 2481 2479 2418 24.21 2438 2422 2423 2424 2436 2437 581 584 586 770 781 48 1 0 1 3 1 5 3 2 8 = 1851 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Eleb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. IMſch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. MC h. Mch. Mch. Mch. Mſ.Ch. Mch. Mch. Mch. Mch. MCh. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. 1852 MCh. 22 Mch. 22 Stat. at Large, Sec. Sec. —Y Sec. Vol. Page. R.S. Comp. St. /-- Chap. 8 1. 9 567 8 1 9 567 8 2 9 567 8 3 9 567 8 3 9 567 11 1. 9 568 11 2 9 568 11 3 9 568 11 3 9 568 11 4 - 9 569 11 4 9 569 11 5 9 569 11 6 9 569 11 7 9 569 11 7 9 569 11 7 9 569 11 8 9 569 11 9 9 569 11 9 9 569 11 10 9 570 11 11 9 570 11 11 9 570 14 2 9 586 14 2 9 586 14 5 9 587 14 6 9 587 14 6 9 587 14 6 9 587 14 6 9 587 14 8 9 587 22 --> 9 593 22 -: 9 594 24 1. 9 594 24 1 9 594 24 2 9 594 24 2 9 594 24 3 9 595 24 3 9 595 24 3 9 595 24 4 9 595 24 4 9 595 24 4 9 595 24 4 9 595 24 4 9 595 25 1. 9 595 25 2 9 595 25 3 9 595 25 4 9 596 25 5 9 596 25 5 9 596 25 6 9 596 25 7 9 596 25 7 9 596 25 7 9 596 25 8 9 597 32 -ºse 9 600 32 tº- 9 600 32 -*º 9 600 33 *g 9 618 34 1. 9 621 34 1 9 621 34 1. 9 621 37 2 9 628 37 3 9 628 37 4 9 629 37 9 9 629 38 2 9 630 38 3 9 630 38 3 9 630 38 3 9 630 40 *sº 9 631 43 1 9 635 43 3 9 635 43 4 9 635 43 4 9 635 43 5 9 636 43 6 9 636 43 7 9 636 43 7 9 636 44 7 9 636 19 1 10 3 19 1 10 3 2586 2587 2670 2586 2711 105 106 110 111 114 115 116 108 120 122 125 123 121 126 112 128 129 2046 2050 2058 2048 2049 2056 2057 2070 1309 1335 533 608 572 581 57.1 608 1002 556 767 770 776 781 4814 4815 4816 48.21 4820 4823 4822 3689 4818 4819 4817 198 510 511 1204 1578 1579 1583 4663 4663 4663 4664 2950 2608 27.27 2930 658 4282 4283 4284 4285 4286 4287 4288 4289 581 2277 2414 6799 (33) 2880 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1852 Mch. Mch. Mch. Mch. Mch. Mch. Apr. Apr. Apr. Apr. Apr. May May May May 22 22 22 22 22 June 15 July July July July July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. DeC. 1853 Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. IFeb. Feb. Feb. Feb. 1Feb. Feb. 22 IPage 18381 Stat. at Large, , Chap. 3 1 165 163 162 • Sec. Sec. Vol. Page. R.S. 24.15 2238 2240 2242 2420 2433 587 592 593 594 595 572 532 572 658 1884 3639 849 2406 2673 2195 1309 1337 3758 37.59 3764 3756 3757 3793 3002 3003 2580 2734 3008 2086 5482 3474 2577 2740 3788 1763 4663 4663 4663 4653 465.6 4657 4658 4654 4655 4656 4658 4670 4671 4669. 4665 4666 4659 46.79 4680 28.23 2568 2708 28.23 2535 2540 4345 4136 2219 2220 2221 2209 632 698 715 750 823 824 828 829 840 920 Sec. Comp. St. 4827 4473 (5) 4476 4482 4832 4845 981 982 983 986 sº 1052 3473 6.638 1454 4818 : : ; ; = sº- Date of Act. 1853 Stat. at Large, /– —n Chap. Sec. Vol. Page. 162 162 162 162 163 163 165 167 165 166 166 166 166 166 166 167 167 167 168 168 168 168 168 168 168 169 168 169 169 170 170 170 170 171 171 171 171 171 171 172 172 172 172 172 173 173 173 173 173 173 173 173 173 Sec. See. R.S. Comp. St. 980 982 1024 1027 1028 1029 830 831 833 835 839 841 843 844 845 847 848 850 850 851 853 854 855 856 863 877 983 984 1030, 3477 5498 5403 5408 5450 5451 5500 5501 5502 5502 3655 3656 1839 1840 1898 1841 1843 1844 1846 1847 1848 1849 1922 1923 1859 1860 1850 1851 1924 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1911 1912 1926 1875 1876 1881 1882 1877 1878 1621 1623 1690 1693 1694 1695 1387 1385 1394 1402 1404 * 1413 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 26 26 174 174 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 176 176 176 176 176 176 1414 1415 1452. 1455 1455 1456 1459 1460 1461 1462 1472 1488 1624 1625 1696 6383 10278 10298 10299 10281 10203 10280 10287 10280 10287 666.2 6663 3.425 3426 3427 3429 3430 3433 3434 3435 3436 3448 3449 3437 3438 3446 3442 1222 CEIRONOILOGICAL TAPI,E OF LAWS IPage is891 Stat. at Large, Date of 2– S Sec. Sec. Date of Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. 1853 1854 Mch. 2 90 11 10 176 1938 — | Mch. 28 Mch. 2 90 11 10 176 1940 — | MCh. 28 Mich. 2 90 11 10 176 1941 — | Mch. 28 Mch. 2 90 12 10 177 1952 — | Mch. 28 MCh. 2 90 13 10 177 1885 3474 || MCh. 28 Mch. 2 90 13 10 177 1944 — | Mch. 28 Mch. 2 90 14 10 178 1862 3452 | Mch. 28 MCh. 2 90 14 10 178 1863 3453 | Mch. 28 Mch. 2 90 14 10 178 1906 — Mſch. 28 Mch. 2 90 17 10 179 1953 — | MCh. 28 Mch. 2 90 18 10 179 1873 3463 | Apr. 22 Mch. 2 90 18 10 179 1913 — | Apr. 22 Mch. 2 90 18 10 179 1918 — | Apr. 22 MCh. 2 90 19 10 179 1951 — May 30 Mch. 2 90 20 10 179 1947 — May 30 Mch. 2 90 21 10 179 1950 — May 31 IMCh. 3 96 21 , 10 183 3763 . — May 31 Mch. 3 97 — 10 189 440 669 July 17 Mch. 3 97 — 10 209 440 669 July 17 MCh. 3 97 1 10 207 1830 3342 July 17 Mch. 3 97 1 10 204 2241 4477 July 20 IMCh. 3 97 1 10 194 2.250 4507 || July 20 Mch. 3 97 1 10 204 2251 4508 || July 20 Mch. 3 97 1 10 190 37.82 July 22 MCh. 3 97 2 10 209 4689 8561 July 22 MCh. 3 97 3 10 209 163 242 July 22 Mch. 3 97 3 10 209 164 — July 27 Mch. 3. 97 3 10 211, 166 244 July 27 Mch. 3 97 3 10 211 167 246 July 29 MCh. 3 97 3 10 211 170 253 July 29 Mch. 3 97 3 10 211 176 258 || Aug. 2 MCh. 3 97 3 10 211 215 314 Aug. 2 MCh. 3 97 3 10 211 235 — Aug. 2 Mch. 3 97 3 10 209 264 872 Aug. 2 MCh. 3 97 3 10 211 351 526 Aug. 2 MCh. 3 97 6 10 , 212 200 288 || Aug. 2 Mch. 3 97. , 16 10 214 3596 6586 Aug. 2 MCh. 3 98. 1 10 217 1666 3086 || Aug. 2 MCh. 3 98 1 10 217 4690 8562 Aug. 2 MCh. 3 98 9 10 219 1207 1901 || Aug. 2 Mch. 3 104 4 10 239 5483 10254 || Aug. 2 IMCh. 3 143 – 10 244 2279 — Aug. 2 . Mch, 3 143 — 10 244 2280 — Aug. 3 Mch. 3 144 — 10 244 2251 4508 || Aug. 3 IMCh. 3 145 1 10 244 2207 4435|Aug. 3 Mch. 3 145 1 10 244 2210 4440 || Aug. 3 Mch. 3 145 1 10 .244 2211 4441 || Aug. 3 Mch. 3 145 2 10 245 22:24 4458 Aug. 3 Mch. 3 145 3 10 245 22:23 4457 || Aug. 3 MCh. 3 145 4 10 245 2409 4821 | Aug. 3. MCh. 3 145 4 10 245 2410 4822 Aug. 3 Mch. 3 145 5 10 245 2236 4471 Aug. 3 Mch. 3 145 8 10 247 2411 4823 || Aug. 3 Mch. 3 145 10 10 247 2222 4456 Aug. 4 Mch. 3 145 10 10 247 2223 4457 || Aug. 4 Mich. 3 - 145 10 10 247 2230 4465 Aug. 4 IMCh. 3 145 11 10 248 2209 4439 Aug. 4 Mch. 3 145 11 10 248 2224 4458 Aug. 4 Mch. 3 147 1 10 256 2446 4858 Aug. 4 Mch. 3 147 2 10 257 2871 4779 Aug. 4 Mch. 3 152 1 10 258 . 2450 5106 || Aug. 4 Mch. 3 152 2 10 258 2456 5111 || Aug. 4 1854 Aug. 4 Feb. 2 9 – 10 266 2568 — Aug. 4 Feb. 2 9 — 10 266 2708 — Aug. 4 Feb. 2 9 — 10 266 28.23 — Aug. 4 Feb. 10 11 1 10 267 46 48 || Aug. 4 Feb. 10 11 1 10 267 56 80 || Aug. 4 Feb. 10 11 2 10 267 57 81 | Aug. 5 Feb. 10 11 2 10 267 59 83 Aug. 5 MCh. 27 25 — 10 269 2281 — Aug. 5 Mch. 27 26 1 10 269 533 1056 || Aug. 5 MCh. 27 26 3 10 270 2145 4148 Aug. 5 IMCh. 27 26 3 10 270 21.46 4149 || Dec. 14 IMCh. 27 26 4 10 270 2143 41.46 Dec. 14 MCh. 27 26 5 10 270 2142 4145 || Dec. 14 IMch. 28 30 1 10 271 2958 5642 | Dec. 14 Mch. 28 30 1 10 270 2960 5644 || Dec. 22 MCh. 28 30 1 10 270 2962 5646 IMCh. 28 30 2 10 271 2965 5649 | 1855 MCh. 28 30 2 10 271 2976 5662 | Feb. 10 Mch, 28 30 3 10 271 2961 5645 | Feb. 10 4 10 271 2971 5657 | Feb. 10 Mch. 28 30 Stat. at Large, /- - Chap. 30 4 10 272 30 5 10 272 30 5 10 272 30 6 10 272 30 7 10 272 30 7 10 272 30 7 10 272 30 8 10 273 30 8 10 273 30 9 10 273 52 1 10 276 52 1 10 276 52 3 10 276 59 11 10 281 59 11 10 281 60 2 10 297 60 2 10 297 84 6 10 306 84 7 10 306 84 7 10 306 99 1 10 307 99 1 10 307 99 2 10 307 103 1 10 308 103 1 10 308 103 10 10 309 105 — 10 310 105 — 10 311 159 1 10 315 159 2 : 10 315 189 1 10 333 189 1 10 333 189 2 10 334 191 — 10 334 191 — 10 334 191 — 10 334 192 2 10 334 192 2 10 334 193 1 10 335 193. 2 10 335 193 2 10 335 193 2 10 335 196 — 10 344 198 — 10 345 198 — 10 345 201 — 10 346 202 1 10 346 202 1 10 346 202. 1 10 346 202 1 10 346 202 2 10 346 202 2 10 346 202 2 10 346 242 8 10 572 242 11 10 573 242 12 10 573 242 14 10 573 . 242 15 10 573 242 15 10 573 242 15 10 573 242 15 10 573 242 15 10 573 247 2 10 575 247 2 10 575 247 3 10 575 247) 3 10 575 247 5 10 575 247 5 10 575 267 1 10 578 268 1 : 10 586 268 1 10 586 268 1 10 585 268 4 10 587 1 1. 10 597 1. 2 10 597 1. 3 10 597 1 4 10 597 10 – 10 599 71 1 10 604 71 2 10 604 73 1 10 604 'Sec. Sec. Sec. Vol. Page. R.S. Comp. St. 2983 2999 3000 3001 2953 2955 2957 2984 3689 2989. 167 168 2204 1881 1882 6 882 2242 2207 2209 572 579 658 2207 2210 2207 2535 2536 1778 863 2568 2572 2573 2568 27.08 2823 2568 28.23 2578 2578 2579 2671 2966 2568 2823 2449 2562 2563 2818 2819 2568 27.08 28.23 495 3603 55 3614. 1797 1798 1812 1828 3669 1282 1284 1285 1286 1214 • 1215 1662 1612 1613 3718 1488 4242 4243 4246 4245 2447 1993 1994 544 5676 5709 5685 5686 5637 5639 5641 5677 6799 (23) 5682 246 247 .4440 4435 T 32.59 1472 CHRONOLOGICAL TABLE OF LAWS Feb. Mch. Mch. IMſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMIch. Mch. Mch. Mch. IMIch. IMIch. Mch. IPage 18401 Słat. at Large, Chap. Sec. Vol. Page." R. 122 122 122 122 122 122 122 124 125 127 127 136 136 136 136. 136 136 136 136 136 136 136 136 136 136 136 140 141 147 147 147 169 169 175 175 175 175 175 175 175 175 175 175 175 175 175 198 199 199 199 199 199 199 199 199 10 10 10 10 10 605 604 605 605 605 605 605 606 606 606 606 607 607 607 607 611 611 61.2 612 612 612 613 613 613 613 613 613 613 613 614 614 614 614 614 614 615 615 616 617 627 627 627 627 627 627 628 628 628 628 628 628 628 628 628 630 630 634 634 634 639 639 656 651 669 669 669 669 670 670 670 671 671 673 674 680 682 682 682 682 682 683 683 683 Sec. Sec. S. Comp. St. 579 sºmsº 608 gºmmº-e 551 968. 767 1294 770 *==== 776 1302 781 e=s* 536 1064 572 * 608 tºss 658 *=º 551 968 781 tºº-º-º-º-º-º: 767 1294 776 1302 2207 4435 2210 4440 670 tº-º-º-º-º-º: 1049 1127 1059 1136(3) 1072 1150 1070 1148 1075 1154 1081 1158 1082 1159 1084 1161 1085 1162 1077 1156 1083 1160 1087 -–s 1051 --- 1052 1129 1053 1130 1054 1131 1076 1155 2243 4483 598 * 1593 2896 1442 2614 1426 2595 1427 2596 1429 2597 1573 2861 1431 2601 f624 2994 1624 2995 1624 2996 1624 2995 1624 2997 1624 2998 1624 3000 1624 3001 1624 3002 1624 3003 746 975 2752 8459%b(16) 2483 4962 2482 496i 3689 6799 (43) 1667 • *=es-d 1671 3088 3596 6586 3763 gºssºmº 163 242 164 tº sºmeº |176 258 201 290 3662 6678 3663 6681 3664 6685 823 1375 2578 gºmºmºmº 2051 gºssmºs-ºs 2209 4439 2712 * 4838 9292 4840 92.98 4841 9299 4842 93.00 4839 92.93 4844 93.07 4853 9324 4858 9328 Date of Act. 1855 Mch. Mch. Mich. Mich. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mſch. Mſch. MCh. Mch. Mch. Mch. 1856 Feb. 20. MCh. 19 MCh. 28 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 May 14 May 14 May 14 May 14 May 14 May 14 June 14 June 14 June 26 June 26 June 26 Aug. 6 Aug. 6 Aug. 6 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 16 Aug. 18 Aug. 18 Stat. at Large. Chad. Sec. Vol. Page. 204 8 10 700 204 10 10 701 207 1 10 701 207 1 10 701 207 1 10 701 207 2 10 702 207 2 10 702 207 2 10 702 207 3 10 702 207 3 10 702 207 3 10 702 207 7 10 702 207 8 10 702 207 9 10 702 207 10 10 702 207 11 10 702 . 213 1 10 , 715 213 1 10 715 213 1 10 715 213 2 10 716 213 3 10 716 213 4 10 717 213 5 10 717 213 6 10 717 213 6 10 718 213 6 10 717 213 7 10 718 213 8 10 718 213 9 10 718 213 11 10 719 213 12 10 719 213 13 10 719 213 14 10 719 213 14 10 719 213 15 10 720 213 15 , 10 720 213 16 10 720 213 17 10 720 1 — 11 1. 8 — 11 1. 9 1 11 2 18 — 11 4 18 — 11 4 19 2 11 5 19 2 11 5 19 3 11 5 20 — 11 5 26 1 11 8 26 2 11 8 26 3 11 8 26 4 11 8 26 5 11 9 26 7 11 9 45 — 11 22 45 — 11 22 47 — 11 22 47 — 11 22 48 2 11 23 81 1 11 30 81 3 11 30 81 3 11 30 119 1 11 43 119 1 11 43 119 2 11 43 119 3 11 43 123 2 11 48 123 5 11 49 123 6 11 49 124 1 11 49 124 2 11 49 124 3 11 49 124 5 11 49 124 7 11 50 124 7 11 50 124 8 11 50 124 10 11 50 124 12 11 50 124 13 11 50 125 2 11 51 127 1 11 52 1.27 1 11 52 Sec. Sec. R.S. Comp. St. 2144 2064 24.25 2426 2438 2428 2429 2430 2425 2427 2431 2434 2426 2427 . 2426 2427 4252 4253 4254 4255 4256 42.57 4258 4260 4261 4262 4263 4259 4264 4265 4266 4.267 4268 4269 629 4270 4271 4272 473 547 5540 572 658 1340 1341 1332 71. 2432 2435 2431 . 2426 2426 2433 572 658 2450 2457 658 1052 1055 1056 57.1 572 817 571 4147 4009 9 9 i – CEIRONOLOGICAL TABLE OF LAWS IPage 1841] Stat. at Large. of Date f Act. Chap. 1856 - Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 . Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 . 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 .127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 127 Aug. 18 128 Aug. 18 129 Aug. 18 129 Aug. 18 160 Aug. 18 162 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 164 Aug. 18 170 Aug. 18 170 1857 Jan. 16 12 Jan. 16 12 Jan. 16 12 Jan. 16 12 Jan. 24 19 Jan. 24 19 Jan. 24 19 Feb. 7 36 Feb. 7 36 Feb. 7 36 IFeb. 7 36 Feb. 7 36 Feb. 7 36 Feb. 7 36 Feb. 7 36 Feb. 16 45 Sec. 11 11 11 11 CoMP.ST. Is—116 52 55 55 55 139 154 154 154 154 155 156 156 157 157 157 158 158 158 —y Sec. Vol. Page. R.S. 1680 1730 1699 1701 1740 1686 1685 1739 1738 1697 1695 1700 1703 208 1731 1745 4207 1723 1726 208 1687 1724 1725 1727 1728 1747 4213 1741 1751. 1719 1743 1744 208 211 1706 1748 1752 1750 4580 4581 4583 4584 1708 1713 1715 1711 1718. 1746 1674 1689 1735 2148 2583 2744 4663 1613 5570 557.1 5573 5574 5575 5578 5577 5576 208 1712 1593 1594 1457 1461 102 859 104 4857 4848 4850 4851 4852 4855 4854 4856 1309 Sec. Comp. St. *ºms -*sms 3151 3153 3.198 3132 3131 3197 3196 3149 3147 315.2 306 3189 3205 7798 3179 3182 306 3134 3180 3181 31.83 3184 3207 7803 3177 3202 3203 306 862 3159 3208 3.212 32.11 8371 8372 8374 3.161. 3169 3171 3164 3175 3206 31.16 3137 3.193. 4151 2934 3916 3917 3919 39.20 3921 3924 3923 3922 306 3167 2896 2897 2639 157 1467 159 9827 9312 9315 98.19 93.20 9325 93.26 2206 1 Date of Act. 1857 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. . Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mich. Mch. Mch. Mch. MCh. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. IMch. Dec. Dec. 21 : : J. 858 Jan. Jan. Jan. Feb. Feb. May May May May May May May May May 27 : i 1 Stat. at Large, Chap. Sec. Vol. Page." 45 3 11 161 46 1 11 161 46 2 11 161 46 3 11 162 46 4 11 162 46 4 11 162 46 6 11 162 56 1 11 163 56 1 11 163 56 2 11 163 56 2 11 163 56 2 11 163 56 3 11 163 56 3 11 163 57 1 11 164 57 2 11 164 57 • 2 11 164 57 2 11 164 57 5 11 165 57 6 11 165 57 6 11 165 57 6 11 165 57 6 11 1.65 60 5 11 167 62 — 11 168 62 — 11 168 62 — 11 168 63 — 11 168 90 1 11 169 90 3 11 185 100 1 11 197 100 2 11 197 100 7 11 198 100 8 11 198 100 8 11 198 100 8 11 198 100 9 11 198 100 9 11 198 100 10 11 198 102 — , 11 199 102 — 11 199 102 — 11 199 102 — 11 199 102 — 11 199 105 — 11 200 105 — 11 200 105 — 11 200 105 — 11 200 106 2 11 203 106 3 11 203 107 1 11 212 107 1 11 212 107 5 11 220 107 10 11 221 108 2 11 228 108 2 11 228 108 8 11 229 111 3 11 246 114 2 11 249 114 2 11 249 114 3 11 249 114 3 11 249 116 1 11 250 116 2 11 250 116 3 11 250 117 — 11 251 1 6 11 258 1 11 11 259 3 — 11 260 3 — 11 260 3 — 11 260 5 1 11 260 5 2 11 260 27 1 11 272 27 1 11 272 27 1 11 272 27 2, 11 272 27 2 11 272 27 2 11 272 28 — 11 272 28 — 11 272 31 3 11 285 Sec. IR.S. 1338 4859 4862 4866 4864 4869 4868 2866 3567 3474 3566 3568 3474 3584 548 572 579 658 551 767 770 776 781 3689 2559 2560 2817 2491 158 158 161 2089 2046 540 572 551 767 . 776 781 767 776 608 2564 2565 27.08 2713 2820 2562 2563 2619 2664 1.191 1663 2207 2213 234 2578 155 156 2647 436 3639 5489 3621 5492 5341 5342 5343 2484 3473 3578 2565 2713 2820 572 658 739 740 74.1 739 742 742 572 658 531 Sec. Comp. St. 2263 9341 9344 9356 9347 9360 9359 4775 6539 6380 6538 6540 6380 6571 968 1294 1302 --- 6799 (42) - 3 5. 0 5387 663 6638 10256 6615 i 1 0ii 7:i 5i CHRONOILOGICAL TABLE OF LAWS Mch. Mch. Mch. Mch. IMch. Mch. Mch. ! IPage 1842I Stat. at Large, /− - Chap. Sec. Vol. 31 31 31 154 154 155 156 156 156 156 156 156 160 163 166 ; 1 8 —N Page. 285 285 285 285 285 289 290 290 290 291 291 308 308 309 309 309 309 314 314 319 319 319 320 326 326 327 328 332 333 333 333 333 333. 333 337 363 366 . 378 379 379 379 379 379 380 380 380 380 380 380 381 381 381 384 385 385 387 387 388 388. 401 402 407 407 408. 422 422 424 424 424 432 434 434 434 434 434 434 434 435 435 435 435 435 Sec. Sec. R.S. Comp. St. 551 767 770 776 781 22:29 5411 5412 24.71 24.72 2473 3665 2444 2414 4725 4726 4727 572 658 1530 1531. 1532 4688 3680 2273 3657 703 2149 1309 1310 . 1312 1313 1334. 1337 253 2153 1874 2240 441 497 3808 3813 74 445 499 500 497 501 497 506 96 5420 3689 2275 2276 2362 3689 2363 3689 2156 572 1488 1590 5388 3792 3794 4668 4674 4663 1136 4815 4814 4821 4820 4814 4819 4824 1800 1801 1802 1807 1808 968 1294 *- .1302 *- 4464 sº- 5117 51.18 5119 6686 4856 4826 9027 9028 9029 4476 6799 (42) 4860 4861 4771 4159 * Date of Act. 1859 . Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1860 Mch. 12 Mch. 12 Mch. 12 Mch. MCh. 24 Mch. Mch. M.I.Ch. Mch. May June June June June June June June June June June June June June 16 June June June June 16 June June June June June June . June June June June | June June June June June June 22 June 22 June 22 June 22 June 22 i : i i June 22 June 22 June 22 June 22 June 22 June 22 June 22 June 22 June 22 Stat. at I arge. - Sec. Sec. Chap. Sec. Vol. Page' R.S. Comp. St. 84 1 11 435 1809 3321 84 1 11 435 1810 3322 84 1 11 435 1811 3323 84 1 11 435 1812 3327 84 5 11 436 1803 3314 84 5 11 436 1804 3315 84 6 11 436 1805 3316 84 7 11 437 1806 3318 85 2 11 437 531 1089 85 2 11 437 551 968 85 3 11 437 767 1294 85 3 11 437 770. **- 85 3 11 437 776 1302 85 3 11 437 781 *- 85 5 11 437 537 1066 '85 5 11 437 560 ... ººm- 85 5 11. 437 572 *m- 85 5 11 437 768 *- 85 5 11 437 778 *- 85 6, 11 438 537 1066 85 6 11 438 572 &= -s. 85 7 11 438 537 1066 85 7 11 438 572 *mmº- 85 8 11 438 560 - 85 8 11 438 768 *mm 85 8 11 438 778 *mm 5 1 12 3 2479 4958 5 1 12 3 2490 4965 5 2 12 3 2490 4965 8 1 12 3 5349 10453 8 2 12 3 4275 &= - 8 2 12 3 4.276 *-*m-sº 8 3 12 4 4277 *- 8 4 12. 4 5350 10454 8 5 12 4 5351 10454 37 — 12 14 2205 *mº- 66 1 12 23 4843 9301 67 1 12 24 1397 2542 67 1 12 24 1398 2543 67 3. 12 27 1571 2859 67 4 12 27 1442 2614 67 4 12 27 1557 2832 67 5 12 27 1592 2.895 85 1 12 28 572 — 85 3 12 29 581 978 120 2 . 12 30 4860 93.42 134 . 1 12 39 2578 *- 134 1 12 39 2579 º- 134 2 12 39 2578 ºmºmº- 134 2 12 39 2579 cºmsºmºmºmº 134 3 12 39 2578 *- 134 3 12 40 2579 *- 134 4 12 40 2581 5341 135 i 12 40 1675 31.17 136 1 12 40 5566 *- 136 2 12 41 5567 10440 163 1 12 66 1195 E- 163 4 12 68 - 1146 — 164 — 12 69 5409 10308 164 — 12 69 5410 10309 179 1 12 72 4083 7633 179 2 12 72 4084 7634 179 3 12 73 4085 7635 179 4 12 73 4086 7636 179 5 12 73 4117 7662 179 5 12 73 4118 7663 179 6 12 73 4119 7664 179 7 12 74 4087 7637 179 8 12 74 4104 7649 179 8 12 74 4105 76.50 179 9 12 74 4089 7639 179 10 12 74 4106 7651 179 11 12 74 4107 7652 179 12 12 75 4097 7642 179 13 12 75 4091 7641 179. 14 12 75 4101 7646 179 15 12 75 4102 7647 179 16 12 75 4103 7648 179 17 12 75 4120 7665 179 18 12 76 4099 7644 179 19 12 76 4098 7643 179 20 12 76 4100 7645 CHRONOLOGICAL TABILE OF LAWS [Page 18431 Stat. at Large. Date of /- - Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1860 June 22 179 21, 12 76 4125 7669 June 22 179 22 12 76 4128 7674 June 22 179 22 12 76 4130 7676 June 22 179 23 12 76 4110 7655 June 22 179 24 12 77 4090 7640 June 22 179 25 12 77 4111. 7656 June 22 179 25 12 77 4112 7657 June 22 179 25 12 77 4113 7658 June 22 179 25 12 77 4114 7659 June 22 179 25 12 77 4115 7660 June 22 179 25 12 77 41.16 7661 June 22 179 26 12 77 4121 7666 June 22 179 27 12 78 4108 76.53 June 22 179 27 12 78 4109 7654 June 22 179 28 12 78 4126 7672 June 22 179 29 12 78 4127 7673 June 22 179 30 12 78 4088 7638 June 22 179 31 12 79 4082 7632 12 81 3666 6705 12 83 1378 2526 12 83 1883 2531 12 83 1889 2.538 12 83 1583 2884 12 8.4 5271 10111 2441 4853 12 91 2442 4854 12 93 3762 *- June 22 181 June 22 181 June 22 181 June 22 181 June 22 181 June 22 184 June 23 203 June 23 203 June 23 205 June 23 205 June 25 211 June 25 211 June 25 211 1861 12 106 1800 3311 12 106 1801 3312 12 106 1812 3327 ;-;i 1 2 9 0 Jan. 29 20. 4 12 128 531 1067 Jan. 29 20 4 12 128 551 968 Jan. 29 20 4 12 128 767 1294 Jan. 29 20 4 12 128 770 *- Jan. 29. 20 4 12 128 776 1302 Jan. 29 20 4 12 128 781 amº- Jan. 29 20 5 12 128 572 — Jan. 29 20 5 12 128 658 *-ms Feb. 8 30 — 12 130 2046 *- Feb. 18 38 1 12 131 2239 4475 Feb. 18 38 1 12 131 2240 4476 Feb. 18 38 1 12 131 2241 4477 Feb. 18 38 2 12 131 2255 4512 ITeb. 18 38 3 12 131 2239 4475 Feb. 18 38 3 12 131 2240 4476 Feb. 18 38 3 12 131 2241 4477 Feb. 20 44 — 12 135 3821 - Feb. 20 44 — 12 135 3822 *-a Feb. 21 49 1 12 147 1538 2781 Feb. 21 49 1 12 147 1539 2782 Feb. 21 49 7 12 150 36.86 6794 Feb. 28 59 1 12 172 1839 3.425 Feb. 28 59. 1 12 172 1840 3.426 Feb. 28 59 1 12 172 1847 3434 Feb. 28 59 1 12 172 1848 3435 Feb. 28 59 1 12 172 1849 3436. Feb. 28 59 1 12 172 1899 — IFeb. 28 59 2 12 172 1841 3427 Feb. 28 59 3 12 172 1843 3.429 Feb. 28 59 3 12 172 1844 3430 Feb. 28 59 4 12 173 1846 3433 IFeb. 28 59 4 12 173 1922 * = -se Feb. 28 59 5 12 173 1859 3448 IFeb. 28 59 5 12 173 1860 3449 P'eb. 28 59 6 12 174 1851 3438 IFeb. 28 59 6 12 174 1925 - Feb. 28 59 7 12 174 1857 3446 Feb. 28 59 8 12 174 1854 3442 IFeb. 28 59 9 12 174 1864 3.454 Eleb. 28 59 9 12 174 1865 3455 Peb. 28 59 9 12 174 1866 Feb. 28 59 9 12 174 1867 3.456 Feb. 28 59 9 12 174 1868 3457 Feb. 28 59 9 12 174 1869 3459 Feb. 28 59 9 12 174 1870 3460 Feb. 28 59 9 12 174 1871 3461 Feb. 28 59 9 12 174 1872 3462 IFeb. 28 59 9 12 174 1883 ==- Feb. 28 59 9 12 174 1907 tºmmºn- 9 12 174 1909 ºmmºn IFeb. 28 59 12 93 3763 *-* * Mch. Date of Act. 1861 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 I'eb. 28. Feb. 28 Feb. 28 Feb. 28 Feb. 28 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Stat. at Large, Chap. Sec. Vol. Page' R.S. 59 9 12 174 59 9 12 174 59 10 12 175 59 10 12 175 59 10 12 175 59 10 12 175 59 11 12 175 59 11 12 175 59 11 12 175 59 11 12 175 59 12 12 176 59 12 12 176 59 13 12 176 59 13 12 176 59 14 12 176 59 15 12 176 59 15 12 176 59 15 12 176 59 15 12 176 59 16 12 176 59 17 12 176 59 17 12 176 60 1 12 177 60 1 12 177 60 1 12 177 60 2 12 177 68 9 12 182 68 10 12 183 68 12 12 183 68 15 12 186 68 19 - 12 187 68 20 12 189 68 21 12 190 68 22 12 191 68 23 12 193 68 24 12 196 68 26 12 196 68 27 12 197 68 28 12 197 68 29 12 197 68 32 12 197 68 32 12 197 81 — 12 209 83 17 12 214 83 17 12 214 84 1 12 2.19 84 10 12 220 84 10 12 220 84 10 12 220 86 1 12 239 86 1 12 239 86 1 12 239 86 2 12 239 86 3 12 240 86 3 12 240 86 4 12 240 86 4 12 ° 240 86 4 12 240 86 4 12 240 86 4 12 240 86 5 12 241 86 5 12 241 86 6 12 241 86 6 12 241 86 7 12 241 86 8 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 86. 9 12 241 86 9 12 241 86 9 12 241 86 9 12 241 Sec. 1910 1912 1875 1876 1881 1882 1877 1878 1935 1939 1885 1944 1862 1863 1946 1873 1913 1918 1919 1891 2207 2210 4845 4846 4847 4849 2504 2504 2504 2504 2504 2504 2504 2504 2505 2516 2.951 3021 2904 336 2.910 2952 2880 2207 • 2210 841 3709 3715 3732 1839 1840 1900 1841 1843 1844 1846 1847 1848 1849 1922 1859 1860 1851 1925 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1912 1926 Sec. Comp. St. CHRONOLOGICAL TABLE OF LAws - [Page 1844] o te of Stat. at Large, S S Date of Stat. at Large, S 3,562 0 —: —N €C. ©C, ale O . ©C. ©C, Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page.' #. Comp. St. 1861 - 1861 Mch. 2 86 10 12 242 1875. 3465 July 31 32 — 12 284 1342 2308a.(78) Mch. 2 86 10 12 242 1876 3466 July 31 32 — 12 284 1342 2308a.(92) Mch. 2 86 10 12. 242 1881 — July 31 32 — 12 284 1342 2308a.(93) Mich. 2 86 10 12 242 1882 3470 July 31 32 — 12 284 5301 1.0143 Mch. 2 86 11 12 242 1877 3467 July 31 33 — 12 284 1980 3933 (1) Mich. 2 86 11 12 242 1878 3468 July 31 33 — 12 284 1980 3933 (2) Mch. 2 86 11 12 242 1935 — July 31 33 12 12 284 1980 3933 (3) MCh. 2 86 11 12 242 1939 — July 31 33 — 12 284 5336 10170 Mich. 2 '86 11 12 242 1942 — July 31 33 — 12 284 5518 10185 Mich. 2 86 12 12 243 i885 3474 || Aug. 2 36 — 12 285 1542 2790 Mch. 2 86 12 12 243 1944 — Aug. 2 37 1 12 285 350 522 Mch. 2 86 13 12 243 1862 3452 || Aug. 2 37 1 12 285 362 537 Mch. 2 86 13 12 243 1863 3453 || Aug. 2 37 2 12 285 363 {538 MCh. 2 86 * 14 12 243 1946 — Aug. 3 42 4 12 287 1152 1845 Mch. 2 86 15 12 243 1873 3463 || Aug. 3 42 4 12 287 1154 -* MCh. 2 86 15 12 243 1913 — Aug. 3 42 4 12 287 1155 -** MCh. 2 86 15 12 243 1918 — Aug. 3 42 4 12 287 1156 1843 MCh. 2 86 15 - 12 243 1919 — Aug. .3 42 4 12 287 1157 1844 MCh. 2 86 16 12 244 1891 3522 || Aug. 3 42 6 12 288 1238 — Mch. 2 86 17 12 244 2207 - 4435 || Aug. 3 42 6 12 288 1277 2142 Mch. 2 86 17 12 244 2208 — Aug. 3 42 8 12 288 1320 2241 Mch. 2 87 1 12 244 501 — Aug. 3 42 8 12 288 1325 2246 MCh. 2 87 2 12 245 502 — Aug. 3 42 11 12 289° 1342 2308a (109) Mch. 2 87 4 12 245 510 — Aug. 3 42 11 12 289 1342 2308a.(110) Mich. 2 87 4 12 245 3800 —- || Aug. 3 42 12 12 289 1102 * MCh. 2 87 6 12 245 683 1203 || Aug. 3 42 14 12 289 1175 2177 July 13 3 1 12 255. 5314 10156 || Aug. 3 42 15 12 289 1243 2045 July 13 3 2 12 256 5315 10157 || Aug. 3 42 15 12 289 1622 2949 July 13 3 3 12 256 5316 10158 || Aug. 3 42 16 12 289 1245 2053 July 13 3 4 12 256 564 1029 || Aug. 3 42 16 12 289 1255 2069 July 13 3 4 12 256 734 . 1027 Aug. 3 42 16 12 289 1257 2071 July 13 3 4 12 256 5317 10159 || Aug. 3 42 16 12 289 1258. 2072 July 13 3. 5 12 257 564 1029 || Aug. 3 42 16 12 289 1622 2949 July 13 3 5 12 257 734 1027 || Aug. 3 42 17 12 289 1246 2054 July 13 3 5 12 257 1342 2308a.(78) Aug. 3 42 17 12 290 1247 2055 July 13 3 5 12 257 1342 2308a.(92) | Aug. 3 42 17 12 290 1248 2056 July 13 3 5 12 257 1342 2308a.(93) | Aug. 3 42 17 12 290 1249 2057 July 13 3 5 12 257 5301 10143 || Aug. 3 42 17 12 290 1250 2058 July 13 3 5 12 257 5304 - . 101.46 || Aug. 3 42 17 12 290 1251 . 2059 July 13 3 5 12 257 5305 10147 Aug. 3 42 17 12 290 1252 2060 July 13 3 7 12 257 5318 10160 || Aug. 3 42 17 12 290 1253 2061 July 13 3 7 12 257 5319 10161 | Aug. 3 42 17 12 290 1275 2140 July 13 3 8 12 257 5292 10130 || Aug. 3 42 17 12 290 1449 2628 July 13 3 9 12 258 564 1029 Aug. 3 42 17 12 289 1622 2949 July 13 3 9 12 258 734 1027 Aug. 3 42 17 12 289 1623 2950 July 17 4 1 12 258 1378 2526 Aug. 3 42 18 12 290 1256 2070 July 17 4 2 12 258 1379 2527 || Aug. 3 42 20 12 290 1265 2104 July 17 4 4 12 258 1381 2529 || Aug. 3 42 21 12 290 1443 2620 July 17 4 4 12 258 1432 2602 || Aug. 3 42 22 12 290 1457 2639 July 17 4 4 12 258 1564 2842 || Aug. 3 42 22 12 291 1458 2649 July 17 4 5 12 258 1380 2528 Aug. 3 42 22 12 290 1459 2650 July 17 4 5 12 258 1383 2531 || Aug. 3 42 22 12 290 1590 2891 July 17 5 1 12 259 3473 6379 || Aug. 3 42 23 12 291 1448 2627 July 17 5 1 12 259 3589 6576 || Aug. 3 42 23 12 291 1450 2629 July 18 7 1 12 264 1580 2881 | Aug. 3 42 23 12 291. 1451 2630 July 18 7 2 12 265 1581 2882 Aug. 3 42 23 12 291 1452 2631 July 18 7 3 s 12 265 1581 2882 || Aug. 3 42 23 12 291. 1453 2632 July 18. 7 4 12 265 1581 2882 Aug. 3 42 23 12 291 1454 2633 July 18 7 4 12 265 1582 2883 || Aug. 3 42 23 12 291. 1455 2634 July 18 7 7 12 265 3726 6877 || Aug. 3 42 23 12 291. 1457 2639 July 18 8 3 12 268 1537 2778 || Aug. 3 42 23 12 291. 1593 2896 July 22 9 2 12 269 1646 — Aug. 3 42 24 12 291. 1457 2639 July 22 9 3 12 269 1647 — Aug. 5 45 1 12 292 2504 -*. July 25 19 1 12 275 1596 — Aug. 5 45 2 12 292 2504 — July 25 19 2 12 275 1597 2902 || Aug. 5 45 4 12 293 3019 -* July 25 19 3 12 275 1599 — Aug. 5 46 5 12 313 3473 6379 July 25 20 2 12 275 2749 8459%b(3) | Aug. 5 48 1 12 314 4296 8042 July 25 20 3 12 275 - 2758 8459%b (45) | Aug. 5 48 1 12 314 4297 8043 July 29 24 1 12 280 1099 — Aug. 5 48 2 12 315 4298 8044 July 29 24 - 12 279 1100 — Aug. 5 48 3 12 315 42.99 8045 July 29 24 2 12 280 1099 — Aug. 5 49 — 12 315 1720 July 29 24 2 12 280 1111 2270 || Aug. 5 51 2 12 316 1533 2773 July 29 24 3 12 280 1098 1757 Aug. 5 54 2 12 316 1342 2308a.(28) July 29 25 1 12 281 5298 101.40 || Aug. 5 54 2 12 316 1624 2971 July 29 25 2 12 282 5300 10142 Aug. 5 54 3 12 317 1342 2308a.(41) July 29 25 3 12 282 1342 2308a.(2) | Aug. 6 55 — 12 317 770 -* July 29 25 3 12 282 1644 — Aug. 6 56 1 12 317 5337 10171 July 29 25 3 12 282 1650 — Aug. 6 56 2 12 317 5338 10172 July 29 25 4 12 282 1649 – Aug. 6 57 2 12 317 1152 1845 July 29 25 5 12 282 1658 — Aug. 6 57 2 12 317 1154 -* July 29 25 6 12 282 1659 — Aug. 6 57 2 12 - 317 1156 1843 July 29 25 6 12 282 1660 — Aug. 6 57 2 12 317 1157 1844 July 29 25 7 12 282 788 1312|| Aug. 6 57 5 12 318 1662 3079 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1861 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. 6 1862 Jan. Jan. Jan. Feb. Feb. Feb. Feb. Eleb. Feb. Feb. Feb. IFeb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Reb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. TMch. Mch. Apr. Apr. Apr. Apr. Apr. May May May May May May May May May May May May May 15 IPage 1845I Stat. at Large. Sec. Chap. §ec. Vol. Page." R.S. 57 5 12 318 1663 59 — 12 318 602 59 — 12 318 603 60 1 12 319 5308 60 2 12 319 503 60 2 12 319 629 60 2 12 319 711 60 2 12 319 734 60 2 12 319 735 60 2 12 319 5309 60 3 12 319 5311 61 1 12 319 1013 64 2 12 326 1758 65 — 12 327 350 1. 1 12 329 1444 1. 3 12 329 1459 1. 3 12 329 1463 1. 3 12 329 1465 1. 4 12 329 1434 1 4 12 329 1459 1 4 12 329 1464 1 6 12 330 1458 1. 7 12 330 - 3 – 12 330 1342 11 — 12 333 103 11 — 12 333 859 15 4 12 334 220 15 1 12 336 1700 20 — 12 338 3473 20 — 12 338 3589 21 — 12 338 1437 25 2 12 339 1116 25 4 12 340 1342 25 4 12 340 1624 25 5 12 340 1342 27 1 12 340 2158 27 1 12 340 2159 27 2 12 340 2160 27 3 12 340 2161 27 4 12 341. 2162 27 5 12 341 4274 27 6 12 341. 2163 33 1 12 345 3473 33 1 12 345 3571 33 1 12 345 3579 33 1 12 345 3588 33 1 12 345 3589 33 1 12 345 3651 33 2 12 346 3701 33 5 12 346 3009 33 5 12 346 3473 33 5 12 - 346 8689 33 5 12 346 3694 37 1 12 353 3603 37 1 12 353 3604 37 2 12 353 3602 40 1 12 354 1624 41 6 12 369 438 41 6 12 369 439 45 1 12 370 3700 45 2 12 370 3589 45 4 12 370 3580 45 4 12 370 3581 48 1 12 373 3601 53 — 12 376 4742 57 4 12 381 1581 59 5 12 383 3592 59 5 12 383 3594 59 5 12 382 3639 71 1 12 386 572 71 1 12 386 658 71 2 12 386 584 71 2 12 386 585 71 2 12 386 665 71 2 12 386 670 71 3 12 386 815 71. 4 12 386 579 71 4 12 386 580 71 4 12 386 581 71 6 12 386 577 71 7 12 387 557 71 7 12 387 620 Sec. Comp. St. 3080 989 989 101.50 991 1233 102.7 1028 101.51 10153 1655 3220 522 2622 2650 2654 2656 2604 2650 2655 2649 2713 2308a.(48) 158 1467 322 3152 6379 6576 2609 1884 2308a.(82) 2966 2308a.(78) 4342 4343 4344 4345 4346 4347 6379 6541 6557 6575 6576 6655 6816 57.10 6379 6799 (13) 6810 (3) - Date of Act. 1862 TMay May May May May May May May May May May May May May May May May May May- May May May May May May May May May May May May May May May May May May May May 15 : : 17 17 : i Stat. at Large. Chap. Sec. Vol. Page. 71 8 12 387 71 9 12 387 71 10 12 387 72 2 12 387. 72 2 12 387 72 3 12 387 72 3. 12 387 72 3 12 387 72 3 12 388 72 4 12 388 72 4 12 388 72 4 12 388 75 1 12 392 75 2 12 392 75 3 12 393 75 4 12 393 , 75 5 12 393 75 6 12 393 75 6 12 393 75 6 12 393 75 6 12 393 75 6 12 393 75 8 12 393 76 2 12 394 81 1 12 404 81 2 12 404 81 3 12 404 81 4 12 405 86 1 12 409 86 2 12 409 86 3 12 409 86 5 12 409 . 86 6 12 409 86 6 12 409 86 6 12 409 86 7 12 410 86 8 12 410 86 9 12 410 86 9 12 410 86 10 12 410 86 10 12 410 92 1 12 411. 92 1 12 411 92 2 12 411 92 2 12 411 92 2 12 411 93 1 12 411 93 2 12 412 93 3 12 412 93 4 12 412 93 4 12 412 93 4 12 412 93 4 12 412 93 4 12 412 93 5 12 412 94 — 12 413 96 — 12 421 101 1 12 427 101 2 12 427 101 3 12 427 103 1 12 430 103 1 12 430 103 1 12 430 103 2 12 430 116 — 12 432 116 — 12 432 119 1 12 432 119 2 12 433 119 2 12 433 119 116 12 488 120 5 12 492 120 15 12 496 126 * 1 12 501 126 3 12 501 127 3 12 502 128 — 12 502 128 — 12 502 130 4 12 503 130 7 12 505 130 7 12 505 133 2 12 508 133 2 12 508 133 3 12 508 Sec. Sec. IR.S. Comp. St. 727 745 946 520 521 525 526 528 3677 522 523 524 2289 2290 2295 2296 2297 2238 2240 2298 2299 2300 2301 3607 5320 5321 5312 5292 2398 2399 2400 2252 2237 2238 2240 2266 2228 2209 2210 2401 3689 2583 2735 2672 2703 2714 3744 3745 3746 512 513 514 515 888 3747 2257 1683 2119 2120 2121 800 801 820 821 2.559 2560 319 3141 3142 3689 3689 5257 5352 i890 1646 1756 1759 2288 2240 3689 4818 1162 1247 1572 788 817 818 835 793 794 815 4530 4531 4550 4551 4552 4473 (3) 4476 4557 4588 4589 6597 10162 10163 10154 101.30 4806 4807 4808 4509 4472 4473 (6) 4476 4463 4439 4440 481.1 6799 (41) 490 5843 5846 6799 (10) 10056 10486 3489 -ms- 3.223 8870 CHRONOILOGICAL TABLE OF LAWS Date of Act. 5 |; 11 11 11 14 14 14 14 14 14 14 14 14 14 14 14 r 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 16 16 16 16 16 16 16 16 16 16 r 16 16 16 16 16 16 16 16 16 16 16 [Page 1846] Stat. at Large. 183 Chap. Sec. Vol. Page."-- 133 3 12 508 133 3 12 508 133 10 12 510 134 — 12 510 134 1 12 510 134 1 12 510 134 1 12 510 134 1 12 510 134 1 12 510. 134 1 12 510 134 1 12 510 134 2 12 510 134 2 12 510 134 4 12 511 134 4 12 511 134 . 5 12 511 134 5 12 511 135 1 12 528 135 5 12 529 135. 6 12 529 142 1 12 532 142 1 12 532 142 1 12 532 142 1 12 532 142 1 12 532 142 2 12 532 145 — 12 536 150 — 12 537. 150 — 12 537 163 5 12 546 163 6 12 549 163 7 12 550 163 8 12 550 163 11 12 554 163 12 12 555 163 13 12 555 163 15 12 558 163 15 12 558 163 16 12 558 163 18 12 559 163 20 12 559 163 21, 12 559 163 21 12 559 163 21 12 560 163 21 - 12 560 163 21 12 560 163 22 12 560 164: 1 12 564 164 3 12 565 164 4 12 565 164 4 12 565 164 5 12 565 164 7 12 565 164 9 12 565 169 2 12 572 169 4 12 572 174 — 12 575 175 1 12 575 178 1 12 576 178 1 12 576 178 2 12 576 180 2 12 577 180 2 12 577 182 3 12 582 183 1 12 583 183 1 12 583 183 1 12 583 183 3 12 584 183 3 12 583 183 4 12 584 183 7 12 584 183 8 12 584 183 8 12 584. 183 9 12 584 183 9 12 584 183 9 12 584 183 9 12 584 183 11 12 585 183. 11 12 585 183 11 12 585 183 11 12 585 183 11 12 585 11 12 585 1293 1297 1147 416 419 421 422 423 424 425 426 421 1542 419 420 430 3676 2080 2084 2108 3473 357.1 3579 3588 3651 3577 536 2552 2553 2504 2504. - 2504 2504 3725 2504 2504 42.19 4227 2898 2863 3001 2971 3018 2977 3017 3025 2982 1545 1386 1580 1624 1547 1396 1517 2648 2658 572 1383 572 658 608 1781 1781 2204 1362 1467 1492 1435 1529 1504 1365 1444 1446 1364 1508 1597 1607 1441 1492 1514 1515 1516 1517 Sec. R.S. Comp. St. Sec. 2173 * 614 622 628 629 633 635 .637 641 628 2790 * 6 2 2 10280 10282 *- 2470 , 2661 *=ms-º 2605 2697 2487 2622 2624 2475 2705 2902 2924 2613 2728 2729 2730 ſ Date of Act. 1862 July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 17 17 Stat. at Large, /- Chap. 183 . 183 183 183 183 183 183 183 183 183 183 189 189 190 190 195 195 195 196 197 197 199 199 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 201 201. 201 201 201 201 201 201 201 201 201 201 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 Sec. 11 13 14 15 Vol. Page. 585 585 585 586 586 587 587 587 587 587 587 588 589 589 589 589 590 590 592 592 593 593 593 594 594 594 594 595 595 595 596 596 596 596 596 596 597 597 597 597 597 597 598 598 598 598 598 598 599 599 600 601 601 601 601 602 602 602 602 602 603 603 603 603 603 604 604 604 604 604 604 604 604 605 605 603 605 605 605 605 605 605 605 Sec. Sec. R.S. Comp. St. 1519 1466 1460 1339 1556 1375 1578 1559 1590 1594 1595 858 729 1342 1342 5332 #5334 5332 3583 5568 5569 3622 5491 1272 1271 1646 1647 1566 1123 1342 1244 1255 1622 3737 3731 4878 1116 2166 1129 1625 1643 1648 1645 1342 1342 1200 1342 1342 1102 1103 1.191 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1023 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 1624 2734 2660 ººm- 642 2878 2834 2891 2897 2898 1464 1022 2308a.(42) 2308a.(42) 10166 101.68 101.66 10348 6616 10258 1871 2308a.(70) 2308a (35) 2308a (48) 2308a.(35) 2308a (50) 2975 (10) 2982 2984 2985 2999 3007 1689 3008 3009 3010 301ſ 3012 3013 3014 3015 3016 3.018 3019 3020 3021 3023 3024 3026 3027 CEIRONOLOGICAL TABLE OF LAWS Date Act of 1862 July July July July July July July July July July July July July July July July July July July July July 17 17 1863 Jan. Jan. Jan. Jan. Feb. Eeb. Feb. Feb. Feb. Feb. E’eb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Teb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. IFeb. Feb. Feb. Peb. Feb. IFeb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. 6 6 13 30 [Page 1847] /− -Y Chap. Sec. Vol. Page. 204 1 12 605 204 1 12 605. 204 1 12 605 204 1 12 605 204 5 12 607 204 7 12 607 204 8 12 607 204 11 12 607 204 14 12 608 204 14 12 608 204 15 12 609 204 16 12 609 204 17 12 610 204. 17 12 610 204 17 12 610 204 17 12 610 204 17 12 610 204 18 12 610 204 19 12 610 205 1. 12: 610 205 2 12 610 7 -* 12 634 7 — 12 634 9 — 12 634 14 2 : 12 637 20 1 12 '639 20 2 --12 639 20 3 12 640 20 4 12 640 25 2 12 646 25 2 12 646 27 — 12 648 44 1. 12 656 44 2 12 656 46 — 12 656 47 — 12 657 47 — 12 657 49 — 12 657 49 — 12 657 50 — 12 657. 50 — 12 657 52 — 12 658 52 — 12 658 52 — 12 658 54 1. 12 660 54 2 12 661 54 2 12 661 54 2 12 661 54 2 12 661 54 7 12 661 54 8 12 661 54 8 12 661 54 8 12 661 54 8 12 662 54 9 12 662 56 1. 12 664 56 1 12 664 56 1. 12 664 56. 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 Stat. at Large. Sec. Sec. R.S. Comp. St. 1624 1624 1624 1624 1624 1624 1624 4752 1574 1624 1575 1624 1422 1423 1424 1425 1572 1410 1548. 3478 3479 1102 1103 658 3811 2751 2750 2754 1492 1760 1761 1917 314 315 5330 572 658 572 658 1000 1001 2535 2536 2695 538 572 579, 608 658 551 767 770 776 781 740 1839 1840 1901 702 1841 1842 1843 1844 1846 1847 1848 1849 1850 1851 1854 1857 1859 1860 1862 1863 1864 1865 1866 1867 1868 1869 3028 3029 3030 3031 2976 2977 9084 2863 2.981 2864 2980 2591 2592 = 8459%b (4) 8459%b (37) Date Of Act. Feb. Feb. Feb. Feb. E'eb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb.” Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. MCh. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mſ.Ch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1863 24 24 24 Stat. at Large, /–– —N Chap. Sec. Vol. Page. R.S. 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 56 2 12 665 58 55 12 680 58 57 12 680 59 3 12 696 61 — . .12 696 61 3 12 - 696 67 1 12 696 67 1 12 696 67 1 12 696 67 1 12 696 67 1 12 696 67 1 12 696 67 1 12 696 67 2 12 697 67 3 12 698 67 3 12 698 67 3 12 698 67 3 12 698 67 4 12 698 67 4 12 698 67 . 5 12 698 67 6 12 698 67 7 12 698 67 8 12 698 69 2 12 699 69 2 12 699 70 1 12 700 70 2 12 700 70 3 12 700 70 3 12 700 70 3 12 700 70 4 12 701 73 1 12 710 73 2 12 710 73 2 12 710 73 3 12 710 73 3 12 710 73 3 12 710 73. 3 12 711 73 3 12 710 73 4, 12 711 73 4 12 711 73 5 12 711 73 5 12 711 73 6 12. 711 74 19 12 725 74 19 12 725 75 2 12 731 75 21 12 735 75 23 12 735 75 23 12 735 75 24 12 735 75 27 12 736 75 27 12 736 75. 28, 12 736 75 28 12 736 75 29 12 736 75 30 12 736 75 30 12 736 75 30 12 736 , Sec. 1870 1871 1872 1873 1875 1876 1877 1878 1881 1882 1883 1885 1891 1908 1909 1910 1913 1918 1922 1935 1939 1942 1944 1946 380 5415 2204 1781 1781 1342 1342 1342 1624 5438 5438 5439 1624 3490 5438 5438 5439 563 3491 3492 3493 3494 1783 572 658 1842 1842 1927 1929 1930 1842 3701 3476 3590 3473 357.1 3579 3588 3651 3574 3575 254 3473 3578 322 323 1342 1342 1242 3748 5455 1342 1342 1342 1342 1342 1342 1342 1342 Sec. Comp.st. - 2308a.(2) 2308a (83) 2308a.(94) 2975 (11) 101.96 10199 10200 2975 6411 10196 10199 10200 991 6412 6413 . . 494 2308a.(55) 2308a (48) 1973 6943. 10206 2308a (25) 2308a (101) 2308a (19) 2308a.(115) 2308a (20) 2308a (74) 2308a (92) 2308a.(93) CHRONOLOGICAL TABLE OF LAws Date of ACt. SG3 MCh. MTCh. Mch. MTCh. MTCh. Mch. MTCh. Mch. MLCh. MTCh. MTch. MTCh. TMTCh. Mch. MTCh. MGh. MTGh. Mch. MLCh. Mch. MTGh. MTch. MTCh. MTCh. MTCh. MTch. Mch. MTCh. MTC h. M Ch. Mch. Mch. MLCh. M.Ch. MTCh. Mch. Mch. MTGh. Mch. Mch. MTCh. MTch. Mch. Mch. MLCh. MLCh. Mch. MTCh. MCCh. Mch. Mch. TMLCh. MCh. MTch. MTCh. MICh. MLCh. MLCh. Mch. MICh. Mch. Mch. MLch. MICh. MLCh. MTch. MTChl. MLGh. Mch. MTch. Mch. MCh. MTGh. MICh. Mch. Mch. MLCh. Mch. MTCh. MTch. M.Ch. Mch. Mch. IPage 18481 Stat. at Large, /– Chap. 75 31. 12 736 75 35 12 7Z6 75 37 12 737 75 37 12 737 75 38 12 737 75 Z8 12 737 76 1 12 737 76 1. 12 737 76 1 12 738 76 1. 12 738 76 1 12 739 76 1 12 739 76 1 12 738 76 1 12 738 76 2 12 739 76 Z 12 739 76 4 12 739 76 5 12 740 76 6 12 740 76 6 12 740 76 6 12 740 76 8 12 740 76 9 12 740 76 10 12 740 76 11 12 741 76 11 12 741 76 11 12 74. 76 12 12 741 76 12 | 12 741 76 12 12 741 76 1Z 12 741. 76 13 12 741 76 14 12 741 77 7 12 742 77 7 12 742 78 1 12 74Z 78 1 12 743 78 Z 12 743 78 3 12 743 78 4 12 74Z 78 4 12 74Z 78 4 12 743 78 5 12 743 78 5 12 743 78 6 12 743 78 8 12 744 78 8 12 744 78 9 12 744 78 11 12 744 79 6 12 751 79 12 12 753 79 16 12 753 79 16 12 75Z 79 24 12 754 79 25 12 754 79 25 12 754 80 1 12 754 80 2 12 754 81 5 12 756 81 5 12 756 81 5 12 756 82 – 12 758 87 1 12 760 87 2 12 761 87 2 12 761 87 4 12 761 87 4 12 761 88 1. 12 761 88 1 12 761 88 2 12 761 89 1. 12 761. 89 1 12 761 90 – 12 762 91 2 12 763 91 Z 12 763 91 11 12 764 91 11 12 764 92 1 12 765 92 2 12 765 92 3 12 765 92 3 12 765 92 4 12 765 92 4 12 766 SeC. • . –N Sec. Sec. Vol. Page. R.S. Comp.St. 1265 12Z6 1102 1103 1342 1624 2853 2854 2855 2857 2858 2859 2860 2864 376 5445 5444 3081 5451 5452 5501 5443 3749 Z469 825 834 835 827 834 989 771 773. 1047 2504 Z026 1157 4663 1206 1207 1160 1207 1208 3483 Z689 - 280 1174 1234 12ZZ 1146 Z605 2536 2694 1694 1342 1342 2380 2381. 641 642 646 1264 2644 25Z5 2536 2599 2600 2578 2579 1928 Z03 304 5322 706 4845 705 706 1) 49 1060 1059 1061 94 1050 2104 2008 - w- 2308a (82) 2966 5541 5543 - 5544 -sºwº 552 10237 10236 5784 10203 10235 10287 10232 6942 6375 1379 395 1402 1381 1395 1635 1296 1299 1712 e- 1844 1900 1901 1901 1902 6396 6799 (34) 448 1837 2006 sºm- === . 1938 6595 -m-ms. Mº-º-mms -am-mm- 2308a (22) 2308a.(101) Mch. Mch. Mch. MTch. MLCh. Date of Act. 1863 Mch. M.Ch. Mch. Mch. MGh. M.Ch. MTch. Mch. Mch. MTCh. MC hl. MGh. MCh. MCh. Mch. Mch. Mch. M.Ch. Mch. M.Ch. Mch. Mch. Mch. Mch. Mch. MTCh. MCh. MC h. Mch. Mch. Mch. Mch. MTch. MTch. M.Ch. M.Ch. Mch. Mch. Mch. Mch. Mch. MLCh. Mich. MCh. Mch. Mch. MCh. M.Ch. M.Ch. MTch. Mch. Mch. M.Ch. Mch. MLCh. MCh. M.Ch. MLCh. MLCh. MCh. M.Ch. M.Ch. Mch. MLGh. Mch. Mch. Mch. M.Ch. M.Ch. Mch. Mch. Mch. M.Ch. MTGh. Mch. Mch. MTch. Mch. - Stat. at Large, –N Sec. Vol. Page. R.S. Co /––- - Chap. SeC. 92 4 12 765 92 4 12 765 92 4 12 765 92 4 12 765 92 4 12 765 92 4 12 765 92 5 12 766 92 5 12 766 92 7 12 766 92 7 12 766 92 7 12 766 92 7 12 766 92 7 12 766 92 8 12 766 92 8 2 766 92 . 9 12 767 92 10 12 767 92 11 12 767 92 11 12 767 92 11 12 767 92 12 12 767 92 12 12 767 92 13 12 768 93 1 12 768 93 2 12 768 93 2 12 . 768 93 2 , 12 768 93 2 12 768 93 2 12 768 93 Z 12 768 95 1 12 769 95 2 12 769 95 Z 12 769 95 4 12 770 96 5 12 770 96 5 12 770 96 5 12 770 99 1 12 792 100 1 12 794 100 2 12 794 108 – 12 804 117 1 12 808 117 1 12 808 117 1 12 808 117 2 12 809 117 Z 12 809 117 Z 12 809 117 4 12 809 117 4 12 809 117 4 12 809 117 4 12 809 117 4 12 809 117 4 12 809 117 5 12 810 117 5 12 810 117 6 12 810 117 6 12 810 117 7 12 811 117 8 12 811 117 9 12 811 117 9 12 811 117 9 12 . 811 117 9 12 811. 117 9 12 811 117 9 12 811 117 9 12 811. 117 9 12 811 117 9 12 811. 17 9 12 811 117 9 12 811 117 9 12 811 117 9 - 12 811 117 9 12 811 117 9 12 811 117 9 12 811 117 10 12 812 117 10 12 812 117 10 12 812 117 10 12 812 117 11 12 812 117 11 12 812 117 11 12 812 117 11 12 812 1053 1054 1058 1070 1071 1075 707 708 1089 1090 1091 1092 1093 1079 1080 1066 1069 707 708 1086 1072 1073 1052 617 615 616 618. 793 795 618 4071 4073 4074 875 Z592 Z594 Z639 2067 664 608 31 1839 1840 1902 1841 1843 1844 1846 1847 1848 1849 1922 1923 1859 1860 1842 1851 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1912 1926 1875 1876 1881 1882 1877 1878 1935 1939 Sec. mp.St. 1130 1131 1135 1148 1149 1154 1219 1220 6405 «- 1168 1169 1170 1157 1144 1147 1219 1220 1163 1150 1151 1129 CHRONOLOGICAL TABLE OF LAWS Date Act of 1863 Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. 1864. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 21 IPage 18491 Stat. at Large. Pi— Sec. Chap. Sec. Vol. Page." R.S. 117 11 12 812 1940 117 11 12 812 1941 117 11 12 812 1943 117 12 12 813 1885 117 12 12 813 1945 117 13 12 813 1862 117 13 12 813 1863 117 13 12 813 1891 117 13 12 813 1906 117 14 12 814 1946 117 I5 12 814 1873 117 16 12 814 1951 117 17 12 814 1949 118 4 12 818 37.27 118 5 12 818 1388 120 3 s 12 820 —— 120 3 12 820 3689 5 2 13 2 581 5 2 13 2 666 5 2 13 2 670 11 1 13 4 658 11 3 13 4 664 11 3 13 4 670 11 6 13 5 840 11 8 13 6 572 17 1 13 13 3701 28 — 13 22 2568 28 — 13 22 2708 28 — 13 22 2823 30 1 13 22 76 30 1 13 25 3789 30 1 13 25 3821 30 3 13 26 234 30 3 13 26 245 30 7 13 28 314 33 — 13 29 2139 33 — 13 29 2140 36 10 13 32 3689 38 2 13 35 2238 38 2 13 35 2290 38 3 13 35 2294 38 4 13 35 2238 38 4 13 35 2238 38 4 13 35 2293 38 5 13 35 2268 38 6 13 36 2238 * 38 6 13 36 2240 40 1 13 36 4203 40 2 13 36 4212 45 3 13 39 1339 47 2 13 39 1517 48 1 13 39 2046 48 4 13 40 2056 48 6 13 41 2115 48 7 13 41 2061 53 1 13 46 1121 53 1 13 46 1122 53 1 13 46 1271 53 3 13 46 1126 53 3 13 46 1127 53 4 13 46 1125 54 — 13 46 2518. 63 1 13 53 1496 63 1 13 53 1499 63 2 13 53 1498 63 3 13 53 1500 63 3 13 53 1501 63 3 13 53 1502 63 3 13 53 1503 63 4 13 53 1447 63 4 13 53 1493 63 4 13 53 1494 63 4 13 53 1504 63 6 13 54 1506 63 6 13 54 1605 63 7 13 54 1382 63 7 13 54 1893 63 7 13 54 1467 63 7 13 54 1590 65 — 13 54 2543 65 – 13 54 2544 Sec. Comp. St. 1. 4 0 5 6 8 1. 6 = 4546 4473 (1) 4473 (10) 45.45 4473 (12) 4476 me - 2730 3998 4099 4006 1873 1879 1880 1878 2689 2692 2691 2693 2694 2695 2696 26.25 2685 2686 2697 2701 2922 25.30 2539 2661 2891 -º- Date of Act. 1864. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. ; Apr. Apr. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May 22 22 29 29 29. 29 29 26 Stat. at Large, /− Y Chap. Sec. Vol. Page. R.S. 66 2 13 55 66 5 13 55 69 — 13 58 69 — 13 58 69 — 13 58 69 2 13 58 69 3 13 59 69 4 13 59 69 3 13 59 69 3 13 59 69 4 13 59 69 5 13 59 69 6 13 59 69 7 13 59 69 8 13 59 69 9 13 60 69 10 13 60 69 .11 13 60 69 12 13 60 69 13 13 60 69 14 13 60 69 15 13 60 69 16 13 61 69 17 13 61 69 18 13 61 69 19 13 61 70 — 13 61 71 — 13 61 78 2 13 64 83 1 13 69 83 1 13 69 83 2 13 69 83 3 13 70 83 4 13 72 83 5 13 72 85 1 13 74 85 1 13 74 85 1. 13 74 85 2 13 75 85 3 13 75 85 3 13 75 86 2 13 75 87 11 13 78 89 3 13 79 89 3 13 79 89 3 13 79 93 1 13 84 93 3 13 85 93 4 13 85 95 1. 13 85 95 1 13 85 95 - 1 13 85 95 2 13 86 95 3 13 86 95 3 13 86 95 4 13 87 95 4 13 87 95 4 13 87 95 4 13 87 95 4 13 87 95 4 13 87 95 5 13 87 95 5 13 87 95 6 13 88 95 6 13 88 95 7 13 88 95 8 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 95 9 13 88 Sec. 5462 5462 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4233 4586 2737 4179 4148 4331 4150 4153 4186 4152 829 830 5546 5547 830 5545 1624 889 1407 1408 1409 1518 1528. 1511 1839 1840 1903 1841 1843 1844 1846 1847 1848 1849 1922 1923 1859 1860 1842 1851 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1912 1926 Sec. Comp. St. 10338 10338 7942 7943 7956 7944 7945 7.946 7947 7948 7949 795.0 7951 7952 7953 7955 795.7 7958 79.59 7960 7961 7962 7963 7964 7965 7966 tºm- 7762 7725 8080 7727 7730 7771 7729 1386 1387 10547 10548 1387 10546 2970 1502 2559 2560 2561 2733 2752 2716 3.425 3426 3427 3.429 3430 3433 3434 3435 3436 ºmº- 3448 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1864. May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 26 May 28 June June June June June June June June June June June June June J TUI Il € - IPage 1850] Stat. at Large. Chap. 95 10 13 89 95 10 13 89 95 10 13 89 95 10 13 89 95 11 13 90 95 11 13 90 95 11 13 90 95 11 13 90 95 11 13 90 95 11 13 90 95 11 13 90 95 12 13 91 95 12 13 91 95 13 13 91 95 13 13 91 95 13 13 91 95 13 13 91 95 14 13 .91 95 15 13 91 95 16 13 91 .95 17 13 91 96 — 13 92 96 — 13 92 98 4 13 94 106 1 13 99 106 1 13 99 106 I 13 99 106 1 13 99 106 1 13 100 106 1 13 100 106 2 13 100 106 2 13 100 106 3 13 100 106 4 13 100 106 5 13 100 106 6 13 101 106 6 13 101 106 6 13 101 106 7 13 101 106 8 13 101 106 8 13 101 106 9 13 102 106 9 13 102 106 9 13 102 106 9 13 102 106 10 13 102 106 10 13 102 106 10 13 102 106 10 13 102 106 11 13 102 106 12 13 102 106 12 13 102 106 12 13 102 106 13 13 103 106 13 13 103 106 14 13 103 106 15 13 103 106 16 13 104 106 16 13 104 106 16 13 104 106 17 13 104 106 18 13 104 106 18 13 104 106 19 13 105 106 19 13 105 106 19 13 105 106 20 13 105 106 20 13 105 106 22 13 105 106 22 13 105 106 22 13 105 106 23 13 106 106 23 13 106 106 23 13 106 106 23 13 106 106 23 13 106 106 24 13 106 106 25 13 106 106 26 13 107 106 27 13 107 106 . 28 13 107 106 29 13 108 106 30 13 108 — Sec Sec. Vol. Page. R.S. 1875 1876 1881 1882 1877 1878 1935 1939 1940 1941 1943 1885 1945 1862 1863 1891 1906 1946 1873 1951 1949 1386 1387 4232 324 325 326 327 328 329 330 884 331 5158 5133 885 5134 5135 5138 5136 5190 5145 5146 5147 5150 5145 5.146 5148 5149 5144 5139 5151 5169 5142 5143 5140 5141 5159 5160 516.1 5168 5169 5170 5162 5163 5164 5163 516.5 5172 5175 5.177 3473 3475 3651 5182 51.83 5184 5166 5167 5187 5137 5200 5197 º Sec. Comp. St. 3465 3466 3470 3467 3468 1496 96.98 . 96.58 1497 9659 9660 96.75 9661 9744 9683 9684 9685 96.88 96.83 9684 96.86 96.87 9682 96.76. 97.11 96.79 9681 96.77 9678 9699 97.00 97.10 97.11 97.12 97.01 97.02 . 9703 97.02 9704 971.4 97.19 6379 6381 6655. 97.21 97.22 9723 97.05 97.06 97.28 9674 9761 97.58 Date of Act. l&64 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June Stat. at Large, Chap. Sec. Vol. Page." 106 30 13 108 106 31 13 108 106 31 13 108 106 32 13 109 106 32 13 109 106 33 13 109 106 34 13 109 106 35 13 110 106 36 13 110 106 37 13 110 106 38 13 110 106 39 13 111 106 40 13 111 106 41 13 111 106 41 13 111 106 41 13 * 111 106 41 13 111 106 41 13 111 106 41 13 111 106 42 13 112 106 42 13 112 106 42 13 112 106 42 13 112 106 43 13 112 106 43 13 112 106 44 13 112 106 45 13 113 106 46 13 113 106 46 13 113 106 47 13 114 106 47 13 114 106 47 13 114 106 47 13 114 106 47 13 114 106 48 13 114 106 49 13 114 106 50 13 115 106 50 13 ilă 106 50 13 114 106 50 13 114 106 50 13 114 106 50 13 114 106 51 13 115 106 52 13 115 106 53 13 116 106 54 13 116 106 54 13 116 106 55 13 116 106 56 13 116 106 57 13 116 106 57 13 116 106 57 13 116 106 $8 13 117 106 59 13 117 106 61 13 117 106 62 13 118 106 62 i3 118 106 63 13 118 107 — 13 118 109 — 13 119 109 — 13 119 111 — 13 120 111 — 13 120 111 — 13 120 111 — 13 120 114 — 13 120 116 1 13 121 116 2 13 121 116. 2 13 121 117 — 13 122 117 — 13 122 118 — 13 123 119 — 13 123 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 120 — 13 124 Sec. Sec. - R.S. Comp. St. 5198 5.191 5.192 5195 5196 51.99 5211 5201 5202 5203 5204 5206 5210 5173 5214 5215 5216 5217 52.19 5220 5221 5222 5224 5222 5225 5154 5153 5226 5228 5227 5229 5230 5232 5233 5230 5231 629 736 5234 5235 5236 5237 5238 5242 5239 5240 5241 5209 380 563 629 736 5189 54:15 333 5156 5.177 5152 3789 2535 2536 1417 1426 1427 1573 5461 4079 4080 4081. 3753 3754 1048 1782 531 551 57.1 572 608 658 767 770 776 781 97.59 9746 97.47 9756 97.57 9760 9774 97.62 9764 9765 9766 97.68 9773 97.17 97.79 9780 9781 9782 9784 9806 98.08 9809 9811 9809 98.12 96.94 96.91 98.13 9815 9814 98.16 98.17 98.19 98.20 98.17 98.18 991 1031 98.21 9822 98.23 9824 98.25 98.34 98.31 9832 9772 556 991 991 1031 10346 103.19 505 96.96 96.90 * 2570 2595 2596 2861 7629 7630 7631 6950 6.951 -*sº 10283 968 º-ººººº. -amassº 1294 1302 CHRONOLOGICAL TABLE OF LAws Date of Act. 1864. June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 11 11 11 11 11 11 11 11 17 17 17 17 17 .17 17 20 20 20 20 20 20 20 20 20 20 20 20 20 . 25 25 25 25 25 25. 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 27 27 27 27 27 27 27 27 27 27 27 27. 27 27 27 27 28 28 30 30 IIPage 1851] Stat. at Large, Chap. Sec. Vol. Page. 120 — 13 124 1002 121 2 13 124 4300. 121 3 13 125 4301 121 4 13 125 4301 121 5 13 125 4304 121 6 13 125 4302 121 7 13 125 4303 122 — 13 125 2586 130 1 13 134 4318 130 2 13 134 2675 130 3 13 134 2654 130 3 13 134 2657 130 4 13 134 2597 130 5 13 134 2620 131 — 13 135 1842 136 1 13 138 1674 136 2 13 139 1704 136 2 13 139 , 1705 136 3 13 140 1721 143' — 13 143 538 145 1 13 144 1111 145 1 13 144 1181 145 1 13 144 1278 145 4 13 144 1154 145 8 13 145 1289 145 8 13 145 1290 145 10 13 145 1190 145 11 : 13 145 - 1265. 147 1 13 148 80 147 1 - 13 155 527 147 2 13 159 235 147 2 13 159 303 147 6 13 160 3488 147 7 13 16.1 3609 150 — 13 182 3484 152 1 13 183 1444 155 1 13 184 75 155 1 : 13 184 196 155 1 13 184 3798 155 3 13 185 196 155 4 13 185 3798 155 4 13, 185 3810 155 5 13 185 3798 155 6 13 185 : 3797 155 7 13 185 3807 i55 9 13 186 3780 155 10 13, 186 3.809 155 10 13 186 3818 155 12 13 186 3790 163 1 13 195 832 163 2 13 196 834 163 2 13 196 835 163 2 13 196 841 163 4 13 196 832 164 . 1, 13 197 3100 164 1 13 197 3101 164 2 13 197 8102 164 3 13 197 3103 164. 4 13 197 3104 164 5 13 198 3105 164 5 13 198 3106 164 7 13 198 2605 164 8 13 198 5293 165 2 13 199 897 165 4 13 199 897 . 170 — 13 201 1428 170 — 13 201 42.19 171 1 13 202 2504 171 1. 13 202 2914 171 2 13 202 2.504 171 3 13 203 2504 171 6 13 208 2504 171 7 13 209 2504 171 8 13 210 2504 171 9 13 210 2504 171 10 13 211 2504 171 11 13 211 2504 171 12 " .13 213 2504 171 13 13 2.13 2504 171 14 13 214 2931 171 15 13 215 2932 171 16 13 215 30.12% 171 16 13 215 3689 Sec. Sec. R.S. Comp. St. 8046 8047 8047 8050, 8048 8049 gºmºsºms 8064 5393 * sºm mºsºme 6358 342.8 31.16 3154 3158 1073 2270 i: i: i: 5816 5817 5818 *ºmsº 101.31 1510 1510 2599 7 8 1 2 *=mºa 5 6 1. 0 6799 (22) ( 2 Date of Act. 1864 June June June June June June June June June June June June June June June June June June June June June June | June | June June | June | June June June June June June June June June June June June June. June June June June June June. June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 Stat. at Large, Sec. sec. Sec. Vol. Page. R.S. Comp. St. r Chap. 171 17 13 215. 171 19 13 216 171 19 13 216 171 27 13 217 171 . 28 13 218 171 29 13 218 172 1 13 218 172 13 218 172 2 13 218 172 2 13 218 172 5 13 220 172 5 13 220 172 5 13. 220 172 7 13 220 172 8 iS 221 172 9 13 221 172 10 13 221 172 10 13 221 172 11 13, 221 172 13 13 222 173 — 13 223– 306 173 1 13 223 173 1 13 223 173' 2 13 223 173 3 13 224 173 3 13 224 173 7 13 224 173 7 13 224 173 9 13 225 173 10 13 225 173 11 13 - 225 173 12 13 225 173 13 13 226 173 14 13 226 173 14 13 226 173 14 13 226 173 15 13 226 173 16 13 227 173 17 13 227 173 18 13 228 173 20 I3 229 173 25 13 231 173 26 13 232 173 32 13 236 173 33 13 236 173 33 13 236 173 35 13 237 173 36 13 238 173 36 13 238 173 37 13 238 173 38 13 238 173 38 13 238 173 39 13 238 173 40 13 238 173 41 13 239 173 41 13 239 173 41 13 239 173 41 13 239 173 42 13 239 173 43 13 239 173 43 13 239 173 44 13 239 173 45 13 240 173 48 13 240 173 48 13 240 173 48 13 240 173 48 13 240 173 48 13 241 173 52. 1:3 242 173 58 13 244 173 79 13 251 173 82. 13 258 173 92 i3 263 173 92 13 263 173 92 13 263 173 92 13 263 173 110 13 277 173 110 13 277 173 110 13 2.78 173 110 13 2.78 173 110 13 278 2502 2962 2975 2837 5305 2803 3701 3473 3476 3590 3572 3574 3575 3706 251 3578 5414 5431 5430 5413 3465 319 321 277 322 323 3141 3142 3143 3148 3173 3172 3173 3174 3175 3176 317.9 3180 3317 3181 3182 31.45 3147 3209 3211 3212 3217 3.167 31.83 3177 3167 3177 3149 3149 563 629 732 31.83 3158 239 261 3689 3.194 734 34.52 3453 3458 3459 31.65 3151 3407 1. 3366 3367 3404 3405 3408 3409 3414 3415 3417 *sºmeº 5646 5661 5518 10147 6816 6379 6382 6577 6821 384 6552 10318 10321 10320 10317 6368 490 492 419 493 494 5843 5846 #5847 5896 5895 5896 5897 #5898 5899 5901 5902 6099 5903 5904 5853 5931 5934 5935 5941. 5887 5905 5900 5887 5900 5854 5854 991 991 1025 5905 5879 370 396 6799 (17) 5916 1027 6354 6355 6360 6861 5885 6288 1. 6173 6173a, 6213 6213a, 6292 6293 6295 6296 6298 sAvT Io (ITavi Tvoroo'IONoa Ho = g6 6# lg lZ E (63)6619 tºmºmºsºmº 1.0% (63)6619 99.8% G983 82.6 8899 (gg)t:8032 988 I 62.8% 83.8% GGIOT 6%TOT 8#IOI 9%TOT ZGTOT ##TOT g; TOI (3) 99TT (3).93TT TT), 31.1% #T9 G993 J,900T (OT) 66.9 (OI)66).9 (8%)'88033 g??? 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T0% g33 3T T 96T. ggg 81 I 96T. gzg gT — 38T gT3 gT 88 #).I Josed IoA ‘oos deuo "effie"I 4ts “jeºs ZZ "O2CI TZ ‘Oecſ TZ “oeCI TZ “OecL TZ “O2CI A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A[nſ A.Inſ' A.Inſ A.Inſ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ A.Inſ' A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ' A.Inſ A[nſ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ A.Inſ’ A[nſ AInſ A.Inſ' A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ’ A.Inſ A[nſ A[nſ' A.Inſ’ A[nſ AInſ A.Inſ AInſ AInſ A.Inſ' A.Inſ A[nſ AInſ 08 eunſ 09 eunſ iž98 I *q ov Jo 9400T Izºs I AI rlſ’ A.Inſ' #278 3378 ZZ%8 ZT#T Z0%T TZ#8 0378 8TF8 (0%) 6619 gTiºg J.T.;8 9T;78 # TF8 8),9T 099T 699T #g.9T ( T ) 6 8T) 661,9 *ooS eşts, Il “qs"duop Žiž8 988 938 g;9% ##9% T}9% 68.98 839% Of 9% 68.9% 1.89% ZIOT 600T T0), 869 969 G69 Z69 T39 999 , 8%.9% 9),9T 03:#T Z}9% g39% 38.9% 39.9% T39% 0.39% #39; 82.9% 1,397 33.9% 33.9% T3.9% 6T.9% 8T.9% J.T.9% 9T.9% gT9% 07I3 #gp3 38), 639 $99 3%g Žižg Tjºg 1,878 8373 J.3%3 g3?? 3973 6TV8 Z359 Tg58 03:#8 33%3 TZ;3 6893 92.73 gz}3 ZZ; 3 #373 33%g 6378 93%g 03:#8 T *99S 209T 909T A,69T 809T 1,09T 909T 909T J.9%T 0899 #2 *uſeſ #g "Uſeſ #3 ºuteſ #2 *U'eſ #z "Ueſ #2 ºut, ſº #z ‘Uteſ #3 ºuteſ 0I 'U'eſ 93.99 I #698 3030T 8078 93%8 #078 30%.8 Q078 G378 #T9% Tjižg 63.9% 399% 93.9% #39; 93.9% Tg.9% 6#9% 8#9% 0.39% 099% 1,797 97.9% . gT3 gT3 9T3 #T3 #T3 #T3 3T3 3T3 3T3 3T3 3T3 3T3 3T3 3T3 ZI3 ZT3 ZT3 ZT3 ZT3 TI9 TT3 TT3 TT3 TTg OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 OT3 608 608 608 608 603 808 808 803 808 1,08 1,08 108 J,08 M.O.8 908 908 908 908 G03 903 303 303 Z08 T03 863 1,6% J.6% 96% 963 96% 96% 963 96% 96.3 #63 #63 #63 £63 863 36% 263 36% 3.6% J.8% : ; i 6),T 31,T T}.T. T],T 01.T 0), I 0),T 69T 89T 89T 1,9]. 99T 99T 99T 39T T9T I9T T9T 89T 1,91 99T G3T gg.T # gT 93.T #7. I 7),T 7), I #).T # LT # ,T # ,T # ,T #),T # J.T # ,T #1, T #).T. # , I # ,T #),T # LT # J.T #1, I # ,T # LT #),T #1. I # J.T #),T #).T. #).I # LT #1,T # ,T # ,T # LT # ,T # J.T #),T # J.T # J.T # LT # ,T # ,T # ,T #),T #),T #),T #), I #),T # ,T # ,T #), I # ,T. #1. I %),T # J.T #/.T 8),T 3LT 8),T 8/.T 3LT 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 8),T 31,T 8), I 81.T 8),T 8),T 8),T 3), T 8),T 8),T 92,T *S*H "3343.3L “IoA “ooS "deuſo \ - *—” “effier I 4tº “quºqs 09 eunfº 08 eunſ 0.3 eurlſ’ 0.3 eunſ 08 eunſ 09 Gunſ’ 08 eurlſ’ 08 eunſ 08 eunſ 0.3 eunſ’ 09 eunſ’ 08 eurlſ’ 09 elirlſ’ 08 eunſ 08 eurlſ’ 08 eurlſ’ 09 Gunſ’ 09 eunſ 08 eurlſ’ 08 eunſ 08 eurlſ’ 08 eurlſ’ 09 eunſ 09 eunſ’ 08 eunſ 08 eunſ 08 eunſ 08 eurlſ 08 eunſ 09 eurlſ’ 09 eunſ 08 eurlſ’ 08 eunſ 08 eurlſ’ 08 eunſ’ 0.8 eurlſ’ 08 eunſ 09 eunſ 08 eurlſ’ 08 eunſ 08 eurlſ’ 08 eunſ 08 eurlſ 08 eunſ 08 eunſ 08 eunſ 08 ounſ 08 eunſ 09 eurlſ’ 03 ounſ 09 Gunſ’ 08 eurlſ’ 09 eunſ 09 eurlſ' 0.3 eurlſ 08 eurlſ’ 08 OUInſ’ 08 eurlſ’ 0.3 eunſ 08 eunſ 09 eunſ 08 eunſ 08 eunſ 08 eunſ 0.3 eunſ 08 eunſ 08 eunſ 08 eurlſ’ 08 eunſ 08 eunſ 08 eunſ 0.3 eunſ 09 eunſ 08 eunſ 08 eunſ 08 eunſ 08 eunſ 09 eunſ’ 08 eurlſ’ 08 eurlſ’ 08 eunſ 08 eunſ 09 eunſ’ #799 T *}oy Jo 94%GI CHRONOLOGICAL TABLE OF LAWS IPage 1853] Stat. at Large. Stat. at Large. Date of ,—— S. Sec. Sec. Date of /- — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1865 1865 - Jan. 28 22 1 13 425 3701 6816 || MCh. 3 79 9 13 488 1264 2103 Feb. 13 32 — 13 427 3613 6602 | Mch. 3 79 12 13 489 1230 2003 Feb. 20 42 — 13 431 2543 — | Mch. 3 79 12 13 489 1624 3005 Feb. 23 47 1 13 433 924 1550 | MCh. 3 79 18 13 490 1118 1886 Feb. 23 47 1 13 432 933 1559 || MCh. 3 79. 18 13 490 1342 2308a.(55) Feb. 23 47 2 13 433 925 - 1551 MCh. 3 79 18 13 490 1419 2580 Feb. 23 47 2 13 433 926 1552 | Mch. 3 79 18 13 490 1420 2581 Feb. 23 47 3 13 433 927 1553 || MCh. 3 79 18 13 490 1624 2979 Feb. 23 47 4 13 433 928 1554 Mch. 3 79 21 13 490 1996 3952 Feb. 23 47 5 13 434 929 1555 Mch. 3 79 21 13 490 1998 3954 Feb. 23 47 6 13 434. 930 1556 | Mch. 3 79 25 13 491 225 327 Feb. 23 47 7 13 434 931 1557 | Mch. 3 80 1 13 491 2504 -*s Feb. 23 47 9 13 434 932 1558 | Mch. 3 80 2 13 492 2504 -* Feb. 23 47 9 13 434 933 1559 || MCh. 3 80 3 13 493 2504 -* * Feb. 23 50 1 13 436 4859 9341 | Mch. 3 80 4 13 493 42.19 7812 Feb. 23 50 2 13 436 3689 — | MECh. 3 80 7 13 493 2900 sº- Feb. 23 50 2 13 436 4869 9360 MCh. 3 80 7 13 493 2906 5605 Feb. 25 52 1 13 437 2002 — | MCh. 3 80 12 13 494 962 1600 Feb. 25 52 1 13 437 2003 3965 || MCh. 3 80 12 13 494 3014 57.19 Feb. 25 52 1 13 437 5528 10186 MCh. 3 80 13 13 495 2984 5677 Feb. 25 52 1 13 437 55.30 10188 Mich. 3 80 13 13 495 3689 6799 (23) Feb. 25 52 1 13 437 5532 10190 || MCh. 3 81 5 13 497 1145 1955 Feb. 25 52 2 13 437 5529 10187 | Mch. 3 81 5 13 497 1299 2187 Feb. 25 52 2 13 437 5531 10189 | Mch. 3 81 6 13 497 1149 1956 Feb. 25 52 2 13 437 5532 10190 | Mch. 3 81 6 13 497 1150 1953 Feb. 25 54 1 13 438 541 1084 Mch. 3 81 . 6 13 497 1301 21.89 Feb. 25 54 1 13 438 551 968 Mch. 3 82 — 13 498 5171 Feb. 25 54 1 13 438 572 — | MCh. 3 82 — 13 498 5178 - Feb. 25 54 1 13 438 608 — | Mch. 3 86 1 13 500 804 1257 Feb. 25 54 1 13 438 658 — MCh. 3 86 1 13 500 808 1259 Feb. 25 54 1 13 438 767 1294 | Mch. 3 86 1 13 500 809 1260 Feb. 25 54 1 13 438 770 — MCh. 3 86 1 13 500 1021 1685 Feb. 25 54 1 13 * 438 776 1302 | Mch. 3 86 2 13 500 1031 1697 Feb. 25 54 2 13 438 542 1084. | Mch. 3 86 3 13 500 5536 10520 Feb. 25 54 3 13 438 599 — MCh. 3 86 3 13 500 5541 10527 Feb. 25 54 3 13 438 600 — | MCh. 3 86 4 13° 501 648 1584 Feb. 25 55 — 13 438 4340 8090 MCh. 3 86 4 13 501 649 1587 Feb. 27 64 1 13 440 531 1080 | Mch. 3 86 4 13 501 700 1668 Feb. 27 64 1 13 440 551 968 Mch. 3 86 4 13 501 987 1633 Eleb. 27 64 1 13 440 572 — MCh. 8 87 7 13 502 3689 -* Feb. 27 64 1 13 440 767 1294 | Mch. 3 98 2 13 516 351 ° 526 Feb. 27 64 1 13 440 776 1302 | Mch. 3 101 1 13 518 4193 7779 Feb. 27 64 2 13 440 608 — Mch. 3 107 2 13 530 2385 4789 Feb. 27 64 2 13 440 658 — | MECh. 3 107 2 13 530 2386 4790 Feb. 27 64 2 13 440 664 — MCh. 3 111 — 13 532 2862 5546 Feb. 27 64 6 13 440 837 1403 | Mch. 3 113 — - 13 533 858 1464 Feb. 27 64 7 13 440 670 — | MCh. 3 114 — 13 533 434 661 Feb. 27 64 7 13 440 840 1405 | Mch. 3 117 — 13 535 4391 8147 Feb. 27 64 9 13 441 910 1533 | Mch. 3 121 1 13 538 5549 10550 Feb. 28 67 2 13 442 3066 5769 MCh. 8 121 2 13 538 5550 1055.1 Feb. 28 67 2 13 442 5295 10137 Mch. 3 124 1 13 539 1556 -s Feb. 28 67 3 13 442 3107 5819 | Mch. 3 124 2 13 539 1569 2855 Feb. 28 67 3 13 442 3108 5820 | Mch. 3 124 3 13 539 1408 2560 Feb. 28 67 4 13 442 3074 5777 | MCh. 3 124 3 13 539 1409 2561 Feb. 28 67 4 13 442 3075 5778 || MCh. 3 124 6 13 539 1411 Feb. 28 69 — 13 444 4328 8076 || MCh. 3 127 3 13 561 2081 4036 Feb. 28 70 — 13 444 4151 7728 Mch. 3 127 4 13 562 2310 4606 Feb. 28 71 2 13 445 2716 — | Mch. 3 127 4 13 562 2311 4607 Feb. 28 71 3 13 445 2715 — | Mich. 3 127 4 13 562 2312 3950 Feb. 28 72 2 13 445 2601 — MCh. 3 127 8 13 563 2138 4136 Mch. 2 73 1 13 455 527 820 | MCh. 3 127 9 13 563 2127 4120 Mch. 2 74 7 13 467 3721 6869 - Mch. 2 74 7 13 467 3729 6880 1866 - - Mch. 2 76 1 13 468 349 . 521 | Feb. 10 8 — 14 3 4135 7714 Mch. 3 77 2 13 469 3701 6816 Mch. 6 12 1 14 3 2493 -* Mch. 3 78 1 13 483 563 991 || MCh. 6 12 2 14 4 2494 -* Mch. 8 78 1 13 483 629 991 MCh. 6 12 2 14 4 2495 tº-º-º-º: MCh. 3 78 1 13 471 3149 5854 MCh. 10 15 3 14 5 31.78 tº-sº MCh. 3 78 1 13 471 3165 5885 | Mch. 10 15 4 14 5 3178 -* Mch. 3 78 1 13 471 31.67 5887 | Mch. 14 17 1 14 8 2970 -* Mch. 3 78. 1 13 482 3432 — Mch. 14 17 2 14 8 3052 5755 Mch. 3 78 1 13 482 3433 — | Mch. 16 18 — 14 9 2508 — IMſch. 3 78 1 13 482 3441- — | Mch. 17 19 2 14 9 1052 tº-sº-sº MCh. 3 78 3 13 483 3210 5932 || MCh. 17 19 3 14 9 1057 tº-m MCh. 3 78 4 13 483 3144 5848 || Mch. 21 21 1 14 10 4825 92.38 Mch. 3 78 6 13 484 3412 - || MCh. 21 21 2 14 10 4827 924.1 MCh. 3 78 6 13 484 34.13 — MCh. 21 21 3 14 10 4826 923.9 Mch. 3 78 7 13 484 5155 9695 || MCh. 21 21 3 14 10 4828 9242 Mch. 3 78 14 13 486 3410 — MCh. 21. 21 4 14 10 4830 9251 Mch. 3 78 14 13 486 3411 6294 || MCh. 21 21 5 14 10 3689 Mch. 3 78 14 13 486 3416 6297 || MCh. 21 21 5 14 10 4831 9256 Mch. 3 78 15 13 486 3161 5880 | Mch. 21 21 6 14 11 4829 9245 Mch. 3 78 15 13 486 3.162 5881 | Mch. 21 21 7 14 11 4832 9260 CHRONoLogical TABLE of LAws Date of Act. 1866 Mch. Mich. Mch. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 12 Apr. 13 Apr. 13 Apr. 13 Apr. 13 Apr. 13 Apr. 13 Apr. 13 Apr. 17 Apr. 17 Apr. 17 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 26 Apr. 26 May 2 May 2 May 2 May 2 May 2 May 2 3 3 3 9 9 : : 1. May May IMay May May May 11 May 11 May 11 May 11 May 11 May 11 May 16 May 16 May 16 May 16 May 18 May 21 May 21 May 21 May 21 May 30 May 30 May 30 Stat. at Large. [Page 1854] Ghad Sec. 21. 8 14 11 21 9 14 11 21. 10 14 11 21 13 14 11 24 1 14 12 24 2 14 13 25 1 14 13 25 2 14 13 25 3 14 13 26 — 14 14 27 1 14 14 28 12 14 25 28. 14 14 26 28 14 14 26 28 14 14 26 31 1 14 27 31 1 14 27 31 1 14 27 31 3 14 27 31 3 14 27 31 3 14 27 31 3 14 27 31 3 14 27 31 3 14 27 31 3 14 27 31 4 14 28 31 4 14 28 31 5 14 28 31 5 14 28 31 7 14 29 31 7 14 29 31 8 14 29 31 9 14 29 31 10 14 29 39 1 14 31 44 1 14 32 . 44 1. 14 32 44 1 14 32 44 2 14 33 44 2 14 33 44 2 14 33 44 3 14 33 45 4 14 38 45 5 14 38 45 5 14 38 63 1 14 40 63 1. 14 40 63 1 14 40 63 1 14 40 63 2 14 40 63 2 : 14 40 63 2 14 40 68 — 14 41 68 — 14 41 70 1. 14 41 70 2 14 41 70 3 14 42 70 4 14 42 70 5 14 42 70 6 14 42 72 1 14 43 72 1. 14 43 72 2 14 43 75 1. 14 44 75 2 14 44 80 3 14 46 80 3 14 46 80 3 14 46 80 . 5 14 46 80 5 14 46 80 5 14 46 81. 3 14 47 81. 4 14 47 83 — 14 48 84 — 14 48 85 4 14 49 86 1 14 50 86 2 14 §0 88 — 14 51 88 — 14 51 102 — 14 54 , 102 — 14 54 102 – 14 54 Sec. Sec. —y Vol. Page. R.S. Comp. St. 4834 4835 4833 4836 5418 5391 99 100 94 572 290 3576 3595 3596 3600 699 1978 1992 563 629 641 642 646 699 722 ..1982 1983 1984 1985 1986 1987 1988 1989 699 3582 2599 2600 2675 2593 2594 2675 2517 3718 1515 1516 • 3618 3689 3692 4806 2748 3618 3692 3762 3763 306 307 308. 306 309 310 1378 1380 1383 1059 1062 641 642 646 641 642 646 3573 9270 92.79 9269 9.282 10.192 10462 152 153 139 6549 6584 6586 6590 3931 3946 991 6609 6799 (24) 6808 91.97 8459%b (2) 6609 6808 480 481 482 480 483 484 2526 2528 2531 1136(3) 1138 1013 1014 1018 1013 1014 1018 Date of Act. 1866 May 30 June June June June June June June June June June June June June June June June June June June June June June June June June July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July Stat. at Large. Ghap. Sec. Vol. Page." 102 — 14 54 105 — 14 56 110 2 14 59 110 2 14 59 122 1 14 64 122 2 14 64 122 3 14 65 122 3 14 65 123 2 14 65 124 1 14 66 124 2 14 66 127 1 14 66 . 127 1 14 67 127 2 14 67 127 2 14 67 127 2 14 67 129 1 14 69 129 2 14 69 129 3 14 69 138 1 14 73 138 3 14 73 138 3 14 73 142 — 14 76 156 — 14 77 156 — 14 77 156 — 14 77 162 1 14 81 162 1 14 81 162 2 14 81 162 3 14 82 . 162 3 14 81 162 5 14 82 166 4 * 14 85 166 4 14 85 166 5 14 86 166 5 14 86 176 4 14 92 176 5 14 92 176 5 14 92 176 5 14 92 176 6 14 92 176 6 14 92 176. 6 14 92 176 6 14 92 176 7 14 93 176 7 14 93 177 — 14 93 179 1 14 93 179 2 14 94 j.80 — 14 94 180 — 14 94 184 9 14 110 184 9 14 111 184 9 14 111 184 9 14 111 184 9 14 111 184 9 14 111 184 9 14 111 184 9 14 111 184 9 14 145 184 9 14 111 184 9 14 106 184 9 14 106 184 9 14 106 184 9 14 101 184 9 14 101 184 9 14 101 184 9 14 101 184 9 14 103 184 9 14 110 184 9 14 106 184 9 14 107 184 9 14 106 184 9 14 107 184 9 14 107 184 9 14 107 184 9 14 107 184 9 14 108 184 9 14 108 184 9 14 106 184 9 14 107 184. 9. 14 108 184 9 14 108 4078 2509 1316 1320 3620 5488 5497 5497 2034 5258 5258 2303 2302 2290 2291 2292 431 432 433 5247 230 3717 4806 2207 2210 2213. 4278 5353 53.54 4279 5355 4280 2207 2210 2318 2408 3716 1229 1342 1624 1313 1314 1322 1331 1235 1287 4237 4843 4843 2535 2536 2 563 629 711 732 733 734 919 919 5462 572 1367 3669 55.25 5524 681 682 4075 40.76 4077 10338 2489 6732 10441 104.26 1201. 7623 7624 7627 13 13 13 969 31.45 3.146 31.47 3173 3174 3175 3176 3182 31.83 3184 3186 31.87 31.87 3.188 3189 3190 3.191 3.192 31.93 3.194 31.87 3195 Sec. Sec. R.S. Comp. St. 7623 2241 6612 10255 10264 10265. 10053 10058 4591 4531 4532 4543 656 658 660 9839 334 6858 91.97 4435 4440 4446 8016 10402 10406 8017 10405 8018 4435 4440 4613 4820 6845 2001 2308a.(118) 3004 2224 2225 2243 2255 2007 2158 SAAvn Io (ITavu, Ivoroo'IONoh Ho 8 - T89T 0.331. 683OT #689 099 T 8TOT GTOT T66 T39 1.18 #6% 36% 3989 3989 J,830T 3030T 6),89 8889 I9T.9 69T.9 09T.9 99T.9 99T.9 #QT9 39T.9 T9:T9 09T.9 6#T9 8#T9 1,719 9%T9 ŽižI9 “qS"duod *99S 6T62 18T #T 83 TOz 69.6% A,8T #T 1,8 T03 3.T03 2,8T #T 93 T0% T099 98T #T 93 TOZ I979 98T WT G3 T0% 1,893 98T #T #3 T0% Z693 98T #T 88 ‘T03 98.03 98T #I T3 T0% 06),T 98T #I 08 T0% 39.9% 98T #T 63 T0% 38.9% G8T #I 6% T03 #83? #8I #T 8% T03 #33% #8T #T 83 T0% 03T3 #8T #T 93 T0% TT83 #8T #I 9% T0% 908% #8T #T 93 T0% 68T# #8T #I #2 T03 0.88% #8T #"I 8% IOZ gTT3 #8I, WI 8% TOZ- #TT3 38T #T 33 T03 9TT3 38T #I 33 T03 ZTT3 38T #I 33 T03 TTI3 38T #I 33 T03 0),8? 38T WT. 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A.Inſ' 8T A.In ſº 8T AInſ 8T A.Inſ 8T A.Inſ 8T AIrlſ' 8T AIrlſ’ 8T A.Inſ 8T A.Inſ 8T AIrlſ’ 8T AIIlſ 8I AIn ſº | 1,839 6883 9883 9888 T 88.33 I9'I3 9388 06.3.3 6##3 TGI3 #878 9938 39T3 T.9T3 9338 639 899 3973 39% 1,978 03:#3 93%3 98T3 MI}3 9T; 3 GT53 #TÉg 3IP3 ZT*3 TTF8 OTf 3 60%3 #879 6973 8973 8973 3973 8373 . 1,378 98.78 0878 6373 8373 3373 T3:#8 0.373 6Ty3 60%3 8078 1,078 9078 #0%g M.988 9988 . #9T #I 6? #9T #I 85 #9T #I Lj. 99T #T 9% 39T #I ## 39T #"I 3% I9T #T I? 09T #T 88 09T WI 88 99T #T 63 99T #T 63 39T #T 83 #9T #T. g3 99T #T 03 99T #T 03 39T #T 6T. 39T #T 6T ZGT #T 6T. 39T #T 9T Zgſ #I GI IgT #T #I Ig'ſ #T #T Ig|I #T ST 09T #T TT 9%T #I [SIC]6 9%T #I [SIC]6 1j'ſ #I [S[CI]6 Lj'ſ #T [S[CH]6 97T #I [S[CI]6 9%T #T. [SIC]6 9%T #T [SIC]6 9%T #I [SIC]6 #8T #81 #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T . #8T #8T #8T #8T #8T #8T #8T #8T #8T jST #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T #8T 8T 8T 8T 8T 8T 8T 8T 8T 8T 8T 8T 8T §T 8T 8T §I 8T 8T 8T 8T 8T 8T 3T A.Inſ A.Inſ A.Inſ A.Inſ' A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ’ A.Inſ A.Inſ A.Inſ’ A[nſ A.Inſ A.Inſ A.Inſ’ A.Inſ' A[nſ A.Inſ’ A.Inſ' A.Inſ' A[nſ. A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ AInſ A.Inſ’ A.Inſ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ A.Inſ’ A.Inſ’ A.Inſ' A[nſ’ A[nſ A.Inſ A.Inſ’ A.Inſ’ A.Inſ A.Inſ A.Inſ A[nſ' A.Inſ A[nſ A.Inſ’ A.Inſ’ A.Inſ AInſ A.Inſ A.Inſ’ A.Inſ A[nſ' A[nſ A[nſ A.Inſ A[nſ A.Inſ A[nſ AInſ A.Inſ AInſ A.Inſ A.Inſ A.Inſ AInſ AInf A[nſ A.Inſ A.Inſ A.Inſ’ A.Inſ’ 998T *}ov Jo 94t;OI CHRONOLOGICAL TABLE OF LAws. Date of Act. Fi 866 July 18 July 18 July 18 July 18 July 18 July 23 July 23 July 23 July 23 July 23, July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 24 July 24 July 24 July 24 July 24 July 24 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 IPage Stat. at Large. r- w S Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 201 40 14 187 2647 5387 201 40 14 187 3619 6611 201 41 14 188 3109 5821 201 42 14 188 1780 10269 201 43 14 188 4327 8075 208 1 14 201 527 820 208 1 14 191 681 1201. 208 1 14 191 682 -* 208 1 14 191 683 1203 208 1 14 202 3601 6591 208 2 14 206 301 472 208 4 14 206 155 227 208 4 14 206 156 -* 208 4 14 206 157 -* 208 5 14 207 349 521 208 5 14 207 351 526 208 a 6 14 207 167 246 208 8 14 207 416 614 208 9 14 208 2737 -*. 208 12 14 208 3689 6799 (14) 210 1 14 .209 684 1207 210 1 14 209 686 1209 210 2 14 209 604 • 1107 210 2 14 209 658 --- 213 — 14 212 4136 7714a. 219 1 14 218 2485 4878 219 2 14 219 2486 4879 219 3 14 219 2487 4880 219 4 14 219 2488 4964 230 1 14 221 5263 100.72 230 1 14 2.21 5264 100.73 230 2 14 221 5266 100.75 230 3 14 221 5265 10074 230 3 14 2.21 5267 100.76 230 4 14 222 5268 10077 231 1 14 222 1362 2470 231 . I 14 222 1363 2474 231 1 14 222 1364 2475 231 1 14 222 1460 -s 231 1 14 222 1466 2660 231 1 14 222 1508 2705 231 2 14, 222 1364 2475 231 5 14 223 1435 2605 231 6 14 223 1367 2489 231 7 14 223 1391 -* 231 7 14 223 1.402 2548 232 1 14 223 1094 -*. 232 1 14 223 1095 *mm. 232 2 14 223 1096 -* 232 2 14 223 1097 -* 233 1 14 2.25 1674 31.16 233 1 14 225 1683 3129 233 2 14 226 200 288 233 3 14 226 1729 -*. 242 9 14 241 5 5 245 1 14 243 14 *-s: 245 1 14 243 15 -*. 245 2 14 243 16 - 245 2 14 243 17 — 245 3 14 244 18 Pºmºs 245 3 14 244 19 m*- 252 – 14 250 2586 -*= 252 – 14 250 2587 * 255 – 14 251 2521 -* 255 — 14 251 2718 - 262 5 14 252 2338 4646 262 7 14 252 2343 4651 262 8 14 253 2477 4919 262 9 14 253 2339 4647 262 10 14 253 2341 4649 262 11 14 253 2342 4650 266 2 14 280 2097 4081 266 4 14 280 2128 -*. 268 4 14 288 1933 --- 269 1 14 289 3024 5728 278 21 14 299 5259 10059. 280 — 14 300 531 -*. 280 — 14 300 551 968 280 — 14 300 572 -*. 280 – 14 300 579 -* 280 — 14 300 608 G-ºmºs 280 – 14 300 658 -*. 280 1 14 300 767 1294 1856] Date of Act. 1866 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27, July 27 July 27 July 27 July 27. July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 July 28 Stat. at Large. Sec. Page." R.S. Co Ghap. Sec. Vol. 280 1 14 300 280 1 14 300 281 — 14 301 284 1 14 302. 284 1 14 302 284 1 14 302 284 2 14 302 284 2 14 302 284 3 14 302 284 3 14 302 284 4 14 303 284 4 14 303 284 4 14 303 284 4 14 303 284 5 14 303 284 6 14 303 284 6 14 303 284 7 14 303 . 284 8 14 303 284 9 14 303 284 10 14 304 286 1 14 304 286 2 14 304 287 2 14 305 287 3 14 305 . 287 4 14 305 287 4 14 305 287 4 14 305 287 4 14 305 287 4 14 305 287 4 14 305 287 4 14 305 287 4 14 305 287 5 14 306 287 5 14 306 287 5 14 306 287 5 14 306 287 5 14 306 287 5 14 306 288 — 14 306 288 — 14 306 288 — 14 306 293 1 14 308 293 1 14 308 293 1 14 308 293 2 14 308 293 2 14 308 293 3 14 308 293 3 14 308 293 4 14 308 293 4 14 308 293 4 14 308 293 4 14 308 293 4 14 308 293 4 14 308 293 4 14 308 293 5 14 309 293 6 14 309 296 8 14 322 296 8 14 322 296 11 14 322 296 12 14 322 296 17 14 323 296 17 14 323 297 8 14 327 298 1 14 328 298 1 14 328 298 3 14 328 298 3 14 328 298 5 14 328 298 5 14 328 298 6 14 329 298 6 14 329 298 7 14 329 298 9 14 330 298 9 14 330 298 10 14 330 293 12 14 330 298 13 14 331 298 13 14 330 298 13 14 330 298 13 14 330 293 13 14 330 776 781 3880 2536 2614 2939 2536 2615 2938 2943 2.538 2539 2745 2940 2941 2729 2731 2729 2.942 2.944 2738 4608 4608 3798 429 3766 3767 3768 3769 3770 3771 3772 3821 3773 3774 3775 3776 3777 3778 639 640 646 2676 2677 2678 2578 2579 2578 2579 2697 2705 2721 2722 2728 2739 2746 2646 3074 1577 1579. 4083 3689 47 277 2504 2804 336 5574 336 3005 336 3006 3013 2907 2908 2972 2500 263 334 336 339 340 Sec. mp. St. 1302 -- 7334 5348 5628 5349 5627 : :: :: :: 5631 5632 -*-* 8389 8389 *-* 5386 5777 2877 2880 7633 . ººmsºmºms 35 419 5500 879 3920 5690 879 5691 5658 869 877 879 884 886 CHRONOLOGICAL TABLE OF LAws f [Page 1857] Stat. at Large. Stat. at Large. Date of , — Sec. Sec. Date of 2. • Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Co 1866 - 1867 July 28 298 13 14 330 341 887 | Feb. 5 26 14 384 5453 July 28 298 13 14 330 342 888 Feb. 5 26 14 384 5.454 July 28 298 13 14 331 4177 7757 | Feb. 5 27 14 385 642 July 28 299 1 14 332 1094 — | Feb. 5 27 14 385 646 July 28 299 2 14 332 1099 — | Feb. 5 28 14 385 751 July 28 299 2 14 332 1100 — | Feb. 5 28 14 385 752 July 28 299 3 14 332 1102 — Feb. 5 28 14 385 753 July 28 299 3 14 332 1103 — | Feb. 5 28 14 385 754 July 28 299 3 14 332 1104 1723 Feb. 5 28 14 385 755 July 28 299 3 14 332 1105 1724 Feb. 5 28 14 385 756 July 28 299 4 14 332 1108 1740 | Feb. 5 28 14 385 757 July 28 299 6 14 833 1106 — Feb. 5 28 14 385 758 July 28 299 6 14 333 1107 — Feb. 5 28 14 385 759 July 28 299 6 14 333 1112 1754 Feb. 5 28 14 385 760 July 28 299 6 14 333 1276 2141 | Feb. 5 28 14 385 761 July 28 299 7 14 333 1109 1851 | Feb. 5 28 14 385 763 July 28 299 7 14 333 1111 22.70 | Feb. 5 28 14 385 765 July 28 299 7 14, 333 1121 — | Feb. 5 28 14 385 766 July 28 299 7 14 333 1122 1873 || Feb. 5 28 14 386 709 July 28 299 7 14 333 1179 — | Feb. 5 28 14 386 710 July 28 299 9 14 333 1097 — Feb. 5 28 14 386 997 July 28 299 9 14 333 1098 1757 Feb. 5 28 14 386 998 July 28 299 10 14 333 1128 — | Feb. 5 28 14 386 999 July 28 299 11 : 14 334 1131 — | Feb. 5 28 14 386 1003 July 28 299 12 14 334 1198 Feb. 5 28 14 386 1010 July 28 299 12 14 334 11.99 #77 Feb. 5 28 14 386 1017 July 28 299 12 14 334 1200 — | Feb. 5 32 14 391 4778 July 28 299 12 14 334 1201 1778 | Feb. 5 32 14 391 . . 4779 July 28 299 - 12 14 334 1342 2308a (35) | Feb. 5 32 14 391 . 4780 July 28 299 13 14 334 1132 1996 | Feb. 5 34 14 391 5591 July 28 299 14 14 334 1132 Feb. 5 34 14 391 5590 Feb. 21 56 Feb. 21 56 Feb. 21 56 14 397 31 14 397 32 14 397 33 14 398 3758 14 398 37.59 14 398 3758 14 398 3759 14 398 3760 14 399 658 , 14 399 4877 400 4873 14 399 4876 14 400 4881 1996 July 28 299 16 14 334 1140 -e July 28 299 17 14 334 11.68 -* July 28 299 17 14 334 1171 º-s, July 28 299 17 14 335 1180 — | Feb. 21 59 July 28 299 17 14 334 1.191 1966 | Feb. 21 59 July 28 299 18 14 335 1182 — | Feb. 21 59 July 28 299 18 14 335 1187 1803 | Feb. 21 59 . July 28 299 19 14 335 1151 — | Feb. 21 59 July 28 299 20 14 335 1152 1845 Feb. 22 60 July 28 299 20 14 335 1154 — | Feb. 22 61 July 28 299 20 14 335 1156 1843 | Feb. 22 61 July 28 299 21 14 335 1159 — | Feb. 22 61 July 28 299 21 14 335 1161 Feb. 22 61 July 28 299 21 14 335 1162 1853 | Feb. 22 61 14 400 4870 July 28 299 22 14 335 1195 Feb. 22 61 14 400 4871 July 28 299 22 14 335 1196 — | Feb. 22 61 14 400 4872 . July 28 299 22 14 335 j 197 1866 | Feb. 25 78 14 410 4370 July 28 299 23 14 336 1193 1881 | Feb. 25 79 14 410 1200 July 28 299 25 14 336 1144 1954 Feb. 25 81 14 410 2680 July 28 299 25 14 836 1150 1953 | Feb. 25 81 14. 410 2548 July 28 299 25 14 836 1299 2.187 | Feb. 25 81 14. 410 2549 July 28 299 25 14 836 1300 2188 Feb. 25 81 14. 410 2552 July 28 299 25 14 336 3618 6609 | Feb. 25 81 14 410 2679 July 28 299 25 14 336 3692 6808 || Feb. 25 82 - 14 411 2555 July 28 299 26 14 336 1225 2283 | Feb. 25 82 14 411 2772 July 28 299 27 14 336 1231 1988 | Feb. 25 82 14 411 2555 July 28 299 28 14 336 1218 – Feb. 28 100 14 416 1577 July 28 299 30 14 337 1121 — Feb. 28 100 14 416 1579 July 28 299 30 14 337 1122 1873 Feb. 28 100 14 416 1309 July 28 299 30 14 337 1124 ' 1877 | Feb. 28 100 14. 416 1337 July 28 299 July 28 299 July 28 301 July 28 301 July 28 302 July 28 304 14 337 1217 1991 | Feb. 28 100 14 337 1226 1934 | Feb. 28 101 14 339 3569 8898 || Feb. 28 101 14 340 35'70 8899 || Feb. 28 103 14 341 3658 6666 | Feb. 28 103 14 342 572 — | Feb. 28 103 14 416 1339 14 416 2.753 14 417 14 417 2543 14 417 2544 l 4 1. 4 July 28 304 342 579 — | Feb. 28 103 14 417 2696 July 28 305 14 342 4791 9125 | Feb. 28 103 14 417 4341 July 28 311 14 344 2207 4435 | Mch. 2 144 14 421 5247 July 28 311 14 344 2213 4446 | Mch. 2 145 14 423 1170 July 28 312 14 344 1493 2685 | Mch. 2 145 14 423 1625 July 28 312 14 345 1494 2686 | Mch. 2 145 14 423 1121 July 28 312 14 344 1504 2697 | Mch. 2 145 14 423 1122 July 28 312 14 345 1593 2896 || Mich. 2 145 14 423 1132 1867 Mch. 2 145 14 423 1159 Jan. 25 15 – 14 379 1860 — MCh. 2 145 14 423 1161 Feb. 5 26 1 14 383 5434 10324 Mch. 2 145 14 423 1261 Feb. 5 26 2 14 383 3708 10347 | Mch. 2 146 14 424 5543 Feb. 5 26 2 14 383 5.188 10345 Mch. 2 149 14 425 4667 Feb. 5 26 3 14 383 3708 10347 || MCh. 2 149 14 425 4673 Feb. 5 26 4 14 383 5432 10322 || MCh. 2 150 14 426 1889 Feb. 5 26 5 14 384 5433 10323 | Mch. 2 150 14 426 1932 COMP.ST.’18–117 Sec. mp.St. 10325 10204 1014 1018 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1291 1292 1214. 14 416 2755 8459%b (41) 2541 8090 9839 1873 1996 tº- 2089 10529 8447 3478 f CHRONOLOGICAL Stat. at Large. 426 427 430 430 431 431 431 431 433 433 433 433 433 433 434 434 434 434 434 434 435 435 439 439 452 452 445 457 464 464 466 466 466 466 466 466 466 466 466 466 467 467 - Sec. Sec. Page. R.S. Comp.St. 1914 1914 4778 4778 1773 1775 1774 1762 606 677 680 715 832 4799 440 516 517 518 519 1219 1342 1292 246 247 527 529 31.45 1078 80 486.5 619 1797 1800 1821 4660 4672 2726 2732 38.23 3824 3786 3826 1663 3023 274.1 2721 554 681 682 3689 3172 . 3173 773 774 3215 3208 3750 3751 3437 3152 3463 3184 3.185 31.87 31.45 3149 3242 563 629 3224 3339 3253 3151 3166 563 629 711 1921. 2308a(119) 2171 380 1201. 6799 (50) 5895 \ TABLE OF LAWS [Page 18581 Stat. at Large. | Date of - Act. Ghap. sec. vol. Page." 1867 Mch. 2 169 33 14 484 | MCh. 2 170 7 14 .487 Mch. 2 172 1 14 490 | Mch. 2 172 3 14 492 Mich. 2 173 2 14 515 Mich. 2 173. 3 14 515 Mch. 2 174 1 14 516 Mch. 2 174 1 14 516 MCh. 2 174 1 14 516 MCh. 2 174 2 14 516 Mch. 2 174. 3 14 516 MCh. 2 174 3 14 516 MCh. 2 174 4 14 516 Mch. 2 174 5 14 516 MCh. 2 174 6 14 516 MCh. 2 174 6 14, 516 MCh. 2 174 7 14 517 MCh. 2 174 7 14 517 MCh. 2 174: 8 14 517 MCh. 2 174 9 14 517 MCh. 2 174 , 9 14 517 Mch. 2 174 9 14 517 MCh. 2 176 1 14 517 MCh. 2 176 1 14 . 517 MCh. 2 176 2 14 518 M&h. 2 176 8 14 520 MCh. 2 176 46 14 539 MCh. 2 177 — 14 541 MCh. 2 177 — 14 541 MCh. 2 177 — 14 541 MCh. 2 177 — 14 541 Mch. 2 177 — 14 541 Mch. 2 177 — 14 541 MCh. 2 178 1 14: 542 Mich. 2 178 1 14 542 MCh. 2 178 1 14 542 Mch. 2 178 1 14 542 MCh. 2 178 1 14 542 Mſch. 2 178 2 14 542 MCh. 2 178 3 14 542 MCh. 2 179 1. 14 542 MCh. 2 179 1 14 542 MCh. 2 180 — 14 543 MCh. 2 180 — 14 543 MCh. 2 185 2 14 545 MCh. 2 186 1 14 545 IVICh. 2 186 2 14 545 MCh. 2 187 1 14 546 MCh. 2 187 1 14 546 MCh. 2 187 2 14 546 Mch. 2 187 2 14 546 MCh. 2 188 1 14 546 MCh. 2 188 1 14 546 Mch. 2 188 2 14 547 MCh. 2 188 2 14 547. MCh. 2 188 2 14 547 MCh. 2 188 3 14 547 MCh. 2 193 — 14 557 MCh. 2 196 – 14 558 MCh. 2 196 — 14 558 MCh. 2 197 1 14 559 Mch. .2 197 1 14 560 Mch. 2. 197 1 14 560 MCh. 2 197 2 14 561 Mch. 12 1 — 15 1 Mich. 12 1 — 15 1. Mch. 25 7 1 15 5 MCh. 25 7 1 15 5 Mich. 25 7 1 15 5 | MCh. 25 7 1 15 5 Mich. 25 7 2 15 5 MCh. 25 7 2 15 5 Mch. 25 7 2 15 5 MCh. 25 7 4 15 5 MCh. 26 8 2 15 6 MCh. 26 8 2 15 6 MCh. 26 8 2 15 6 MCh. 29 13 2 15 7 MCh. 29 13 2 15 7 Mch. 29 13 2 15 7 MCh. 29 13 3 15 8 Mch. 29 16 — 15 10 Mch. 30 20 1 15 11 Sec. Sec. R.S. Comp. St. 4223 3689 1413 1546 2100 468 1362 1367 1466 1523 1412 1600 1527. 1624 4756 4757 1596 1601 1513 . 1461 1591. 1592 563 ,711 630 630 5419 2387 2388 2389 2391 2392 23.93 2535 2536 2619 2717 2816 2816 2968 2207 2210 990 991 614 2035, 2036 1990 55.26 1991 5527 3090 3689 3091 3092 3093 2.981 5456 639 646 2504 2912 2916 2504 4826 4828 531 551 767 776 572 604 608 554 3412 3413 3414 38.23 3824 3826 38.25 2543 Date of 2 - Act. Chap. See. 1867 Mch. 2 150 4 Mch. 2. 151 gºmº. IMCh. 2 154 1 Mch. 2 154 2 Mch. 2 154 6. Mich. 2 154 7 Mch. 2 154 8 IMCh. 2 154 9 IMCh. 2 156 1 Mch. 2 156 2 MCh. 2 156 2 IMCh. 2 156 2 IMCh. 2 156 2 IMIch. 2 156 2 Mch. 2 158 2 IMCh. 2 158 1. Mch. 2 158 2 Mch. 2 158 3 Mch. 2 158 4 Mch. 2 159 1 Mch. 2 159 2 Mch. 2 159 2 Mch. 2 163 1 Mch, 2 163 1 IMCh. 2 166 1 Mch. 2 166 1 Mch. 2 166 1. IMch. 2 166 2 IMCh. 2 167 1 Mch. 2 167 1. Mch. 2 167 2 MCh. 2 167 2 IMCh. 2 167 2 Mch. 2 167 2 Mch. 2 167 4 Mch. 2 167 4. MCh. 2 167 5 IMCh. 2 167 5 Mch. 2 167 7 Mſch. 2 167 7 MCh. 2 167 10 MCh. 2 167 10 MCh. 2 167 12 IMCh. 2 168 3 Mch. 2 168 4 IMCh. 2 168 ... 7 MCh. 2 168 9 MCh. 2 168 10 Mch. 2 168 10 MCh. 2 168 10 Mch. 2 169 1 Mch. 2 169 1 IMCh. 2 169 3 MCh. 2 169 3 MCh. 2 169 3 Mch. 2 169 4 Mch. 2 169 4 Mch. 2 169 4 Mch. 2 169 5 IMCh. 2 169 7 Mch. 2 169 7 MCh. 2 169 8 MCh. 2 169 8 Mch. 2 169 8 Mch. 2 169 9 MCh. 2 169 9 IMCh. 2 169 9 Mch. 2 169 10 Mch. 2 169 10 Mch. 2 169 10. Mch. 2 169 10 IMCh. 2 169 14 Mch. 2 169 17 Mch. 2 169 19 Mch. 2 169 25 Mch. 2 169 25 Mch. 2 169 25 IMCh. 2 169 25 Mch. 2 169 26 Mch. 2 169 28 Mch. 2 169 30 Mch. 2 169 30 Mch. 2 169 32 Vol. 467 470 470 470 470 471 471 471 471 471 472 472 472 472 472 472 472 473 473 473 473 473 473 47 473 475 475 475 475 481 481 482 483 483 483 483 483 484 484 484 484 734 3170 5448 731 5440 3406 1822 SAAWI HO (HTAVJ, TVOIE)OTONOMHO #0T.9 TOT.9 00I9 T309 G969 Ziff'89 G0I9 63T9 83T9 8/09 9809 9009 1,0T.9 Z669 I,869 6019 03T9 61,09 88.09 #309 8T09 l.T09 3.T09 Å,309 3609 8609 9609 G609 #609 I969 80T.9 Z019 1,809 98.09 #309 8%09 £609 Z809 9%09 8T09 68.09 1,809 G809 #809 8809. 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T 8T38 1,91, I G8 gT — 68T 31.9 38 GI — 8TT 86 TT 91.9 08 gT — T8 -º- 899 08 gT — 6/, mº- 809 08 gT — 6/, a-sa- 31,9. 08 gT — 6), —- 3#93 8), GI — 9/, am- 669% 8), GT § #), -mſ- 669% 8), GT 3. #1, 03 &Inſ 0Z AInſ’ 0& KInſ OZ AIIlſ 03 &Inſ 0% AInſ 0Z AIrlſ’ 03 &Inſ OZ AInſ 03 &Inſ’ 03 A.In ſº 0Z AInſ 0& A.Inſ' 03 &Irlſ’ 03 AIrlſ’ 03 A.Inſ’ 0% A.Inſ’ 9T &Inſ 9T AInſ IT A.Inſ gz eunſ g3 ounſ gå øUInſ’ gå øUInſ g3 QUInſ gº ounſ gå øUInſ gå eunſ gz 9UInſ g3 QUInſ gZ eunſ: 1.T OUInſ’ 1.T eunſ J.T. eLInſ’ 8 eunſ’ 8 ounſ’ g eunſ g eunſ T8 ‘UIOIWI I3 ‘UIOTWI 08 "UIQIWI 08 "UIQIWI 08 "UIOTAL - 08 "UIQIAT J.3 ‘UIOIAI M3 ‘UIOTWI 6T "UIOIAI 6T “UoTWI 9T ‘UIOIAI 9T ‘UIOIAI 6 "UIOIAI 6 ‘UIOIAI 6 "UIOTWI 6 *UIOIAI 6 ‘UIOTWI g3 °C(95. ZT ‘Cle,H. ZI "Cle, H. OT ‘Cle, H. # *C2.ÉI 3 ‘Clºſ S98 H 6T A.Inſ’ 6T KInſ’ 08 "UIQIWI 08 "UIOIAI 08 "U(OIAI 08 "uoW 08 "LIOIAI 08 "UION A,98 I “yov Jo 94bor CHRONOLOGICAL TABLE OF LAWS Date of Act. 1868 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 July 20 . July 20 July 20 July 20 July 20 July 20 IPage 18601 Stat. at Large. Sec. Sec. Sec. vol. Page." R.S. Comp.st. f Chap. 186 52 15 146 186 52 15 146 186. 52 15 147 186 52 15 147 186. 53 15 147 186 53 15 147 186 53 15 147 186 53 15 147 186 54 15 147 186 55 15 148 186 56 15 149 186 57 15 150 186 57 15 149 186 57 15 149 186 58 15 150 186 59 15 150 186 59 15 150 186 59 15 150 186 59 15 151 186 59 15 151 186 59 15 151 186 59 15 151 186 59 15 151 186 59 15 151 186 60 15 152 186. 61 15 152 186 62. 15 153 186 63 15 153 186 63 15 153 186 64 15 154 186 65 15 154 186 66 15 155 186 66 15 155 186 67 15 155 186 68 15 156 186 69 15 156 186 70 15 156 186 71 15 156 186 71 15 156 186. 71 15 156 186 72 15 156 186 72 15 156 186 73 15 157 186 74 15 157 186 75 15 158 186 76 15 158 186 77 15 158 186 78 15 159 186 78 15 159 186 79 15 159 186 81 15 160 186 81 15 160 186 82 15 160 186 83 15 160 186. 84 15 161. 186 85 15 161 186 86 15 161 186 86 15 162 186 86 15 161 186 87 15 162 186 88 15 162 186 89 15 162 186 89 15 162 186 89 15 162 186 90 15 163 186 91 15 163 186 92 15 163 186 93 15 163 186 94 15 164 . 186 95 15 164 186 96 15 164 186 97 15 164 186 98 15 165 186 99 15 165 186 100 15, 165 186 101 15 165 186 101 15 165 186 102 15 166 186 102 15 166 186 103 15 166 186 104 15 166 186 106 15 167 186 106 15 167 3273 3274 3300 3301 3156 3157 3.291 3.292 3329 3330 3272 3.289 3320 3321 3334 3244 3244 3244 3243 3244 3244 3247 3308 3317 33.71 3368 3362 3244 3355 3356 3357 3358 3359 3369 3364 33.72 3373 3366 3374 3375. 3376 3406 3385 3386 3370 3360 3377 33.63 3378 3380 3394 3396 3387 3388 3389 3392 3390 3391 3392 33.95 33.93 3397 3404 3406 3398 3.399 3400 3402 3403 3401 3.456 3168 3169 3451 3444 3.238 3446 3229 3231 3447 1 563 629 6013 6014 6080 6081 5865 5866 6032 6033 6124 6125 60.11 6030 6102 6131 5971(3) 6176 5971(4) 5970 5971(2) 5971(5) 5981 6088 6099 6180 6174 61.69 6163 61.64 61.65 61.66 6167 6178 6171 6181 6182 6173 6183 6184 6.185 6214 619.2 6195 6179 6168 6186 6170 6204 6206 61.97 6198 619.9 6200 6201 6202 6205 6203 6207 6213 6214 6208 6209 6210 62.11 6212 6358 5888 5889 6353 6341 5961 6343 5952 5954 6349 1. 991 991 | Date of Act. 1868 July 20 July 20 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 23 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 25 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 Stat. at Large. r Chap. 186 186 227 227 227 227 227 227 229 229 233 233 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 . 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 235 . 235 235 235 235 235 235 235 235 236 246 246 249 249 249 254 255 255 255 255 256 257 258 258 258 259 262 — Sec. Sec. Vol. Page. R.S. Co 106 107 167 167 168 168 168 168 168 168 170 170 177 177 178 178 178 178 179 179 179 179 179 179 179 179 179 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 181 181. 181 181 181 181 181 181 182 182 182 182 183 183 183 183 183 183 183 183 197 197 223 224 224 226 226 226 227 227 227 227 227 228 228 228 233 3207 3448 177 178 181 179 180 182 4754 4755 3733 5503 1839 1840 1904 1841 1843 1844 1846 1847 . 1848 1849 1922 1859 1860 1842 1851 1925 1857 1854 702 1864 1865 1866 1867 1868 1869 1870 1871 1872 1883 1907 1909 1910 1912 1926 1875 1876 1881 1882 1877 1878 1935 1939 1885 1944 1862 1863 1946 1873 1913 1918 1919 1891 1948 104.7 889 890 1999 2000 2001 2856 1000 1001 640 646 2377 2555 5112 5076 5079 463 4863 Sec. mp. St. 5929 6350 259 260 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1868 July July July July July July July July July July July July July July July July July July July July July July July July 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 . 27 1869 Jan. Jan. Feb. Feb. Feb. Eleb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch, Mch, 8 23 1861] - [Page Stat. at Large. r - Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 262 3 15 233 4861 9343 262 4 15 233 4864 9347 262 7 15 2.34 4867 9357 264 14 15 237 4787 9120 270 — 15 239 572 *-*-* 270 — 15 239 658 - 272 1 15 239 1842 3428 272 2 15 240 1920 º-º-º-º: 272 2 15 240 1921 sºm- 273 2 15 240 2591 am- 273 2 15 240 2592 -* 273 2 15 240 2681 -* 273 3 15 240 2633 5372 273 3 15 240 4140 7718 273 4 15 241 1955 --mm 273 5 15 241. 4358 8111 273 6 15 241 1956 8850 273 7 15 2.41 1957 8851 273 8 15 242 1958 8852 273 8 15 242 5293 101.31 273 9 15 242 5293 101.31 275 — 15 2.42 1916 -- 276 2 15 243 1068 1146 276 3 15 243 1059 1136(3) 7 — 15 266 896 1509 15 — 15 267 110 167 . 24 – 15 269 2158 4342 24 — 15 269. 21.59 32 — 15 270 5207 97.69 33 1 15 271 3592 6579 33 4 15 271 35.94 6583 33 4 15 271 3639 6638 34 — 15 271 608 *-* 35 — 15, 271 2511 --- 42 1 15 273 2517 * 42 1 15 273 25.18 *- 42 2 15 273 2682 *-* 42 3 15 273 2541 *-ºs 43 — 15 274 672 tº-ms 43 — 15 274 658 -as 45 — 15 274 2504 -* 47 2 15 275 3689 48 2 15 280 1570 2857 52 2 15 281 1209 1925 52 2 15 .281 1210 1926 52 2 15 281 1604 2921 54 — 15 282 4231 7828 57 1 15 282 3150 5855 121 1 15 283 363 538 121 — 15 292 507 -* 121 — 15 283 508 -s 121 — 15 292 509 — 121 1 15 284 1816 3373 121 — 15 300 1846 --> 121 1 15 290 3671 6741 122 1 15 303 22.6 328 122 1 15 306 255 6926 122 1 15 301 4675 – 123 — 15 311 235 º-s, 123 — 15 311 240 3.71 123 — 15 311 241 375 123 — 15 311 262 397 123 — 15 312 3654 6659 124 2 15 318 1094 -* 124 2 15 318 1108 1740 124 4 15 318 1119 -ms 124 5 15 318 1094 *-*. 124 5 15 318 1099 -m 124 5 15 318 1102 -ºws 124 5 15 318 1106 - 124 5 15 318 1111 2270 124 5 15 318 1279 2143 124 6 15 318 1128 -*. 124 6 15 318 1129 *º-s 124 6 15 318 1131 -ms 124 6 15 318 1151 4-ms 124 6 15 318 1159 -se 124 6 15 318 11.68 -e 124 6 15 318 1208 1902 124 7 15 318 1211 1927 124 7 15 318 1604 2921 125 2 15 321 1742 3200 Date of: Act. 1869 Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. : ; 10 1870 Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Stat. at Large. r –Y Chap. Sec. Vol. Page. 125 3 15 321 125 3 15 321. 125 3 15 322 125 5 15 322 125 6 15 322 125 6 15 322 125 7 15 322 125 7 15 322 128 1 15 324 128 2 15 325 128 3 15 325 128 4 15 325 130 1 15 326 130 1 15 326 130 2 15 327 130 2 15 327 135 — 15 335 138 — 15 336 141 1 15 337 141 2 15 338 - 141 3 15 338 142 — 15 338 1. — 16 1. 9 — 16 6 10 1 16 6 10 2 16 7 11 — 16 7 16 2 16 39 16 2 16 39 16 4 16 40 18 1 16 42 18 1 16 42 18 1 16 42 18 1 16 41 18 1 16 42 18 1 16 43 18 2 16 43 18 3 16 44 18 3 16 43 20 3 16 44 22 1 16 44 22 1 16 44 22 2 16 45 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 45 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 2 16 44 22 3 16 45 22 3 16 45 22 4 16 45 22 5 16 45 25 — 16 46 25 — 16 46 28 — 16 47 28 — 16 47 7 — 16 61 9 1 16 62 9 2 16 62 11 — 16 63 14 2 16 65 14 2 16 65 18 — 16 67 18 — 16 67 Sec. Sec. IR.S., Comp. St. 1716 1722 4221 1734 1691 1696 1693 4121 871 872 873 874 5211 5213 5212 5213 5208 2445 5275 5276 5277 1040 3693 1096 4778 4778 5209 2090 2101 2039 3244 3244 3244 3262 3.309 3393 3.429 3365 33.79 1200 673 719 555 582 587 590 591 592 593 594 607 609 611 612 616 619 662 664 671 717 727 3172 3178 7816 3.192 3143 3148 3.146 7666 1482 1483 1484 1485 9774 9777 9776 97.77 9770 4857 10121 101.22 101.23 68.09 9772 4060 4085 3980 5971(3) 5971(4) 5971(5) 5999 6089 6203 {- 1.191 1241 970 – 980 981 982 983 = 751. 752 1015 1016 3637 557 620 610 714 363 385 2599 2600 5246 1622 1259 1784 2207 2210. 1327 1328 9838 2949 2074 3264 4435 4440 2249 2250 CHRONOLOGICAL TABLE OF LAWS Pate of Act. 1870 Feb. Mch. TMch. Mchi. Mch. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May June June June June June June June June June June June June June June June June June June June June 15 15 15 15 15 17 17 17 17 17 17 22 IPage 1862] Stat. at Large. /~ —y Chap. Sec. Vol. Page. 18 — 16 67 23 — 16 75 29 5 16 77 29 5 16 77 30 — 16 77 73 * — 16. 96 73 — 16 96 87 1 16 118 87 2 16 118 87 3 16 118 92 — 16 121 102 1 16 122 102. 2 16 122 102 2 16 123 102 3 16 123 11.4 1 16 140 114 1 16 140 114 2 16 140 114 2 16 140 114 2 16 140 114 3 16 140 114 3 16 140 114 3 16 140 114 4 16 .141 114 4 16 141 114 4 16 141 114 5 16 141 114 6 16 141 114 7 16 141 114 8 16 142 114 8 16 142 114 9 16 142 114 9 16 142 114. 10 16 142 114 10 16 142 114 10 16 142 114 11 16 142 114 12 16 143 114 12 16 143 114 13 16 143 114 14 16 143 114. 14 16 143 114 14 16 143 114 15 16 143 114 16 16 144 114 16 16 144 114 16 16 144 il4 16 16 144 114 16 16 144 114 16 16 144 114 17 16 144 114 18 16 144 114 18 16 144 114 18 16 144 114 18 16 144 114 18 16 144 114 19 16 144 114 20 16 145 114 21 16 145 114 22 16 145 114 23 16 146 114 23 16 146 114 23 16 146 124 — 16 148 127 1 16 150 127 1 16 150 127 2 16 151 127 3 16 151 127 4 16 151 128 — 16 151 129 1 16 152 129 1 16 152 129 2 16 152 129 2 16 152 129 4 16 152 129 5 16 152 13 — 16 152 132 1 16 153 132. 1 16 153 132 2 16 153 132 3 16 153 133 5 16 154 150 1 16 162 Sec. R.S. 1329 183 1867 1927 3481 1930 1931 2194 2191 2200 5248 2649 2650 2651 2651 629 2004 629 2005 2006 , 629 2007 2008 629 2009 5506 5507 5508 5509 629 1022 1982 1983 1984. 1985 5517 5516 1986 1987 1989 563 629 1786 1787 563 629 641 699 1977 2164 5510 563 629 641 699 722 5511. 5512 5514 5515 563 629 2010 1054 2586 2587 2588 2589 2590 5544 3595 3600 3598 3599 3596 3606 1879 4787 4788 4789 4790 2173 346 Comp. St. 2251 265 Date : of Act. i870 June June June June June June | June June June June | June June June | June June June June | June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June | June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 30 30 30 30 30 30 30 Stat. at Large. Chap. Sec. Vol. Page." 150 2 16 162 150 2 16 162 150 2 16 162 150 3 16 162 150 3 16 162 150 3 16 162 150 4 16 162 150 5 16 162 150 5 16 162 150 5 16 162 150 6 16 163 150 .6 16 163 150 8 16 163 150 9 16 163 150 10 16, 163 150 10 16 163 150 11 16 163 150 12 16 164 150 12' 16 164 150 13 16 164 150 14 16 164 150 14 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 1.6 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 15 16 164 150 16 16 164 150 16 16 164 150 17 16 164 150 17 16 164 150 17 16 164 150 17 16 164 150 18 16 165 169 1 16 169 169 2 16 169 169 3 16 170 169 4 16 170 169 5 16 170 169 5 16 170 169 6 16 170 169 6 16 170 169 7 16 170 170 1 16 170 170 2 16 170 170 3 16 170 170 4 16 171 171 — 16 171 175 1 16 171 175 1 16 171 175 1 16 171 175 2 16 171 175 2 16 171 175 2 16 171 175 3 16 171 175 3 16 171 175 3 16 171 175 3 16 171 175 3 16 171 175 4 16 171 175 4 16 171 175 4 16 171 175 8 16 172 175 8 16 172 175 8 16 . 172 175 8 16 172 175 8 16 172 175 9 16 172 177 1 16 172 177 1 16 173 177 2 ió 174 178 1 16- 174 178 1. 16 174 178 1 16 174 178 1 16 174 Sec. R.S. 179 347 348 349 350 351 358 359 367 370 356 357 16i 349 349 351 371 196 384 '352 360 361 368 369 830 '832, 833 835, 836 839 840 841 844 845 4647 362 363 189 362 365 366 383 4585 4587 4803 4803 3689 4803 3689 4802 3 4214 4216 4217 4218 2253 550 57.6 ° 608 572 608 658 550 572 576 608 658 581 668 670 551 554 767 770 776 623 4978 4987 4976 537 560 744 768 "Sec. Comp. St. 261 516 517 521 522 526 532 533 542 545 530 531 235 521 521 526 546 279 560 527 535 7810 4510 1105 – CHRONOLOGICAL TABLE OF LAWS [Page 18631 - Stat. at Large. Stat. at Large. Date of /- S Sec. Sec. Date of 2– — Sec. Sec. Act. Chap. Sec. Wol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1870 1870 June 30 178 1 16 174 778 — July 8 225 3 16 194 4766 9096 June 30 178 2 16 174 572 — July 8 225 4 16 194 4782 - June 30 178 3 16 174 560 — July 8 225 . 4 16 194 5487 10277 June 30 178 3 16 174 744 — July 8 225 5 16 194 4767 - June 30 178 3 16 174 768 — July 8 225 6 16 194 4784 June 30 178 3 16 174 778 — July 8 225 7 16 194 4.786 9115 June 30 179 — 16 174 4787 9120 July 8 225 9 16 195 4768 June 30 180 1 16 175 559 — July 8 225 10 16 195 4769 tº- June 30 180 1 16 175 572 — July 8 226 — 16 195 5209 9772 June 30 180 1 16 175 625 — July 8 230 — 16 198 440 669 June 30 180 1 16 175 658 — July 8 230 1 16 198 441 681 June 30 180 2 16 175 584 — |July 8 230 1 16 198 475 735 June 30 180 2 16 175 585 — July 8 230 2 16 198 476 736 June 30 180 2 16 175 665 — July 8 230 4 16 199 477 737 June 30 180 2 16 175 670 — July 8 230 6 16 199 479 74.1 June 30 180 3 16 175 815 — July 8 230 7 16 199 481 T 43 June 30 180 4 16 175 581 978 || July 8 230 9 16 199 494 7.58 June 30 180 5 16 175 579 — July 8 230 10 16 199 482 744 June 30 180 5, 16 175 580 — July 8 230 12 16 200 478 740 June 30 180 6 16 175 577 — July 8 230 13 16 200 484 746 June 30 180 7 16 175 559 — July 8 230 14 16 200 485 748 June 30 180 7 16 175 560 — July 8 230 15 16 200 486 749 June 30 180 7 16 175 625 — July 8 230 16 16 200 480 742 June 30 180 7 16, 175 794 . 1321 July 8 230 17 16 200 487 750 June 30 180 7 16 175 796 1324 July 8 230 18 16 200 488 751. June 30 181 — 16 176 949 1581 July 8 230 19 16 200 483 745. July 1 185 1 16 176 3116 5828 July 8 230 20 16 200 489 752 July 1, 185 - 1 16 - 176 3117 5829 July 8 230 21 16 200 4883 9427 July 1 185 1 16 176 31.18 5830 July 8 230 22 16 201 4884 9428 July 1 185 1 16 177 3119 5831 July 8 230 23 16 201 4885 94.29 July 1 185 1 16 177 3121 5833 July 8 230 24 16 201 4886 9430 July 1 185 2 16 177 3122 5834 July 8 230 25 16 201 4887 9431 July 1 185 3 16 177 3123 5835 July 8 230 26 16 201 4888 9432 July 1 185 4 16 177 3124 5836 July 8 230 27 16 201 4889 9433 July 1 185 5 16 177 3125 5837 || July 8 230 28 16 201 4890 : 9434 July 1 185 7 16 177 4381 8136 July 8 230 29 16 201 4891 9435 July 1 185 7 16 177 4382 S137 July 8 230 30 16 202 4892 9436 July 1 185 9 16 179 5293 10131 July 8 230 31 16 202 4893 . 9437 July 1 187 – 16 179 3150 5855 July 8 230 32 16 202 4894 9438 July 1 188 — 16 180 572 — July 8 230 33 16 202 4895 9439 July 1 189 , 1 16 180 1960 8854 July 8 230 34 16 202 4896 9440 July 1 189 2 16 180 1961 8855 July 8 230 35 16 202 4897 9443 July 1 189 3 16 180 1962 — July 8 230 36 16 203 4898 9.444 July 1 189 4 16 180 1963 — July 8 230 37 16 203 4899 9445 July 1 189 4 16 180 1964 — July 8 230 38 16 203 4900 9446 July.1 189 4 16 180 1971 — July 8 230 39 16 203 4901 9447 July 1 189 5 16 181 1963 — July 8 230 40 16 203 4902 - July 1 189 5 16 181 1965 — July 8 230 41 16 204 4903 9448 July 1 189 5 16 181 1966 — July 8 230 42 16 204 4904 9449 July 1 189 5 16 181 1967 — July 8 230 43 16 204 4905 9450 July 1 189 5 16 181 1968 — July 8 230 44 16 204 4906 9451 July 1 189 6 16 181 1963 — July 8 230 44 16. 204 4908 9453 July 1 189 6 - 16 181 1969 — July 8 230 45 16 204 4906 945], July 1 189 6 j. 6 182 1970 — July 8 230 45 16 204 4907 9452 July 1 189 7 16 182 1957 8851 July 8 230 45 16 204 4908 9453 July 1 189 7 16 182 5293 10131 July 8 230 46 16 204 4909 945.4 July 1 189 8 16 182 1972 — July 8 230 47 16 205 4910 94.55. July 1 190 1 16 182 2582 — July 8 230 48 16 205 4911 *- July 1 190 1 16 182 2824 — July 8 230 49 16 205 4912 94.57 July 1 190 2 16 182 2584 — July 8 230 50 16 205 4914 9459 July 1 193 — 16 183 2390 — July 8 230 51 16 205 4913 9458 July 1 194 1 16 183 4083 — July 8 230 52 16 205 4915 946.0 July 1 194 1 16 183 4129 7675 July 8 230 53 16 205 4916 9461 July 1 194 2 16 183 4128 7674 July 8 230 54 16 206 4917 94.62 July 1 194 2 16 183 4130 7676 July 8 230 55 16 206 629 991 July 1 194 3 16 184 4095 — July 8 230 55 16 206 711 1233 July 1 194 4 16 184 4092 — July 8 230 55 16 206 4921 94.67 July 1 194 5 16 184 4093 — July 8 230 56 16 207 699 tº- July 1 194 6 16 184 4094 — July 8 230 56 16 207 711. 1233 July 1 194 7 16 184 4096 — July 8 230 57 - 16 207 892 1505 July 1 194 9 16 184 4122 7667 July 8 230 57 16 207 893 1506 July 1 194 10 16 184 4123 — July 8 230 58 16 207 711 1233 July 1 196 — 16 186 2278 —— July 8 230 58 16 207 4918 94.63 July 1 200 1 16 188 4882 9377 July 8 230 59 16 207 4919 9464 July 1 202 3 16 646 3689 — July 8 230 60 16 207 973 ió14 July 7 210 4 16 190 5249 9845 July 8 230 60 16 207 4922 9468 July 7 211 — 16 190 2568 — July 8 230. 61 16 208 4920 94.66 July 7 211 – 16 190 2708 —— July 8 230 62 16 208 4923 9469 July 7 211 — 16 190 2823 —— July 8 230 63 16 208 4924 9470 July 7 214 — 16 192 572 — July 8 230 64 16 208 4925 94.71 July 7 214 — 16 192 658 — July 8 230 65 16 208 4926 9472 July 8 225 1 16 193 4764 — July 8 230 66 16 209 4927 94.73 July 8 225 2 16 194 4765 — July 8 230 67 16 209 4928 9474 CHRONOLOGICAL TABLE OF LAWS i i [Page 18641 Stat. at Large. Sec. Sec. —Y Page. R.S. Comp. St. Ghap. Sec. VoI. 230 68 16 209 230 69 16 209 230 69 16 209 230 70 16 209 230 71 16 209 230 72 16 210 230 73 16 210 230 74 16 210 230 75 16 210 230 76 16 210 230 77 16 210 230 77 16 210 230 78 16 2.11 230 78 16 211 230 79 16 211 230 79 16 211 230 80 16 2.11 230 81 16 2.11 230 82 16 212 230 83 16 212 230 84 16 212 230 85 16 212 230 85 16 212 230 85 16 212 230, 85 16 212 230 85 16 212 230 86 16 212 230 87 16 212 230 88 16 212 230 89 16 2.13 230 90 16 2.13 230 91 16, 213 230 92 16 2.13 230 93 16 2.13 230 94 16 2.13 230 96 16 214 230 97 16 214 230 98 16 214 230 99 16 214 230 100 16 214 230 101 16 214 230 102 16 215 230 103 16 215 230 104 16 215 230 105 16 215 230 106 16 215 230 106 16 2.15 230 106 16 215 230 107 16 2.15 230 108 16 215 230 111 16 216 235 12 16 2.17 235 12 16 2.17 235 13 16 2.17 235 16 16 2.18 235 17 16 2.18 235 17 16 2.18 238 — 16 222 238 — 16 222 243 1 16 229 243 2 16 229 243 2 16 229 244 — 16 229 244 — 16 229 244 — 16 229 246 — 16 230 246 — 16 230 251 1 16 230 251 1 16 230 251 1 16 . 238 251 1 16 239 251 2 16 250 251 3 16 250 251 3 16 250 251 3 16 250 251 4 16 250 251 5 16 251 251 6 16 251 251 . 7 16 251 251 8 16 251 251 8 16 251 251 8 16 251 252 1 16 251 4934 496 4935 4936 4929 4930 4931 4932 4934 4933 4937 4938 4941 4.946 4939 4942 4940 4947 4944 4945 4943 90 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4971 4968 4969 629 711 4970 699 972 3616 2329 2330 2332 2406 2340 2344 3667 4755 3711 3712 3713 2568 2708 2823 2207 2210 3141 3795 242 3153 165 1. 2 167 1054 3682 1835 3690 3691 3679 2704 2719 27.20 5176 9482 760 9.483 9484 94.75 9478 94.79 94.80 9482 9481 1. 3 2 9 9 1 – Date of Act. 1870 July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July. July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July 12 12 12 12 12 12 12 12 14 14 14 14 14 14 14 14. 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14. 14 14 14. 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 Stat. at Large. /- — Sec. Chap. Sec. Vol. Page. R.S. 252 1 16 251 5178 252 3 16 252 5185 252. 3–4 16 252 5186 252 5 16 253 5186 252 5 16 253 5196 252 6 16 253 5179 252 6 16 253 5180 252 7 16 254 5181. 254 1 16 254 5395 254 2 16 254 5424 254 2 16 - 254 5425 254 2 16 254 5.426 254 2 16 254 5427 254 3 16 254 5428 254 4 16 255 5429 254 7 16 256 2.169 255 . 1 16 256 3244 255 1 16 256 3319 255 4 16 257 3423 255 4 16 257 3425 255 4 16 257 3430 255 5 16 .257 3422 255 18 16 261 3142 255 21 , 16 262 2504 255 22 16 265 2505 255 24 16 269 3026 255 25 16 269 4220 255 25 16 269 4223 255 27 16 269 3438 255 27 16 269 3439 255 29 16 270 2990 255 29 16 270 2991 255 30 16 270 2992 255 31 16 270 2993 255 33 16 271 2995 255 33 16 271 2996 255 34 16 271 251 255 34 16 271 2614 255 34 16 271 2615 255 35 16 271 2532 255 35 16 27.1 2536 255 35 16 271 2544 255 35 16 271. 2553 255 35 16 271 2565 255 35 16 271 2569 255 35 16 271 2598 255 35 16 271 2600 255 35 16 271 2602 255 35 16 271 2604 255 35 16 271 2615 255 35 16 271 2997 255 36 16 . 271 2532 255 36 16- 271 2536 255 36 16 271 2544 255 36 16 271 2553 255 36 16 271 2565 255 36 16 271. 2569 255 36 16 271 2587 255 36 16 271 2598 255 36 16 271 2600 255 36 16 271 2602 255 36 16 271 2604 255 36 16 271 2606 255 36 16 271 2614 255 36 16 271 2615 255 36 16 271 2730 255 37 16 271 2998 256 1 16 272 3701 256 2 : 16 272 3689 256 4 16 273 3697 256 6 16 274 3688 256 6 16 273 3695 256 6 16 273 36.96 257 — 16 274 5.222 257 — 16 274 52.23 259 — 16 275 3430 262 — 16 276 5113 268 — 16 278 2568 268 - 16 278 2708 268 – 16 278 28.23 269 — 16 278 2578 269 — 16 278 2579 269 — 16 278 2821 384 5348 5349 = 5 3 4 9 SAAWI Jo IIavi. 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I 36% 96% 9T T 36% I6% 9T T Z6% T63 9T T 36% 6),3 9T 3 31,3 61.3 9T 3 31,3 61.3 9T - T13 *eflºq “[OA “oo S “deuſo \ Lº “effier I 4t: "qºq S gT AInſ GT AIIlſ’ gT A.In ſº gT AIrlſ’ gT AIrlſ’ gT &Inſ gT AIIlſ’ GT A.Inſ’ GT A.Inſ’ gT A.Inſ GT AItaſ’ GT A.Inſ’ GT AIrlſ’ GT A.Inſ gT AIIlſ’ gT AInſ gT A.Inſ’ GT A.Inſ gT A.Inſ’ GT A.In ſº gT A.Inſ gT AInſ gT A.Inſ’ gT &Inſ gT &Inſ GT A.Inſ’ GT A.Inſ GT AIrlſ’ gT &Inſ GT A.Inſ’ GT AIrlſ’ gT &Inſ gT &Inſ gT &Inc. gT A.Inſ GT A.Inſ gT AIſlſ gT &Inſ GT AIrlſ’ GT A.Inſ’ GT AIIlſ’ GT AIIlſ gT AInſ GT AIIlſ GT AIrlſ’ gT AIIlſ gT A.Inſ’ GT AIIlſ’ gT &Inſ’ gT AIrlſ’ gT &Inſ GT AIrlſ’ GT AIrlſ’ GT AIIlſ’ gT AIllſ GT AIIlſ’ gT AInſ’ GT AIIlſ 9T AIrlſ’ GT AIIlſ’ GT AIrlſ’ GT AIrlſ’ GT AIrlſ’ gT AIIlſ gT A.Inſ GT A.Inſ’ GT AIllſ gT A.Inſ GT A.Inſ gT AITlſ GT A.Inſ’ gT &Inſ gT A.Inſ’ GT AIIlſ gT A.Inſ’ GT AHI’lſº GT AIllſ GT AIllſ GT A.Inſ gT AIrlſ' gT AIrlſ’ #T &Inſ #T AInſ #I AInſ OA,8T *}ov Jo 94%OI CHRONOLOGICAL TABLE OF LAWS Date of Act. 1871 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 |Feb. 28 E’eb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Teb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 . E’eb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28. Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 Feb. 28 IPage 1866] Stat. at Large. Sec. Sec. —y Vol. Page. R.S. Comp. St. Ghap. Sec. 99. 8 16 436 99 8 16 436 99 9 16 436 99 10 16 436 99 10 16 436 99 11 16 437 99 12 16 437 99 13 16 437 99 13 16 437 99 13 16 437 99 14 16 438 99 15 16 438 99 16 16 438 99 16 16 4.38 99 17 16 439 99 17, 16 439 99 19 16 440 100 1 16 440 100 1 16 440 100 1 16 440 100 2 16 440 100 3 16 440 100 4 16 441 100 4 16 441 100 4 16 442 100 5 16 442 100 5 16 442 100 6 16 442 100 6 16 442 100 6 16 442 100. 7 16 442 100 8 16 443 100 8 16 443 100 9 16 443 100 9 16 443 100 9 16 443 100 10 16 443 100 11 16 443 100 11 16 443 100 11 16 443 100 11 i6 443 100 11 16 443 100 11 16 445 100 12 16 445 100 13 16 445 100 14 16 446 100 14 16 446 100 15 16 446 100 16 16 446 100 17 16 446 100 18 16 447 100 18 16 447 100 18 16 447 100 19 16 447 100 {19 16 447 100 20 16 447 100 21 16 448 100 21 16 448 100 21 16 448 100 22 16 448 100 23 16 448 100 23 16 449 100 24 16 449 100 25 16 449 100 26 16 449 100 27 16 449 100 28 16 449 100 28 16 449 100 29 16 450 100 29 16 450 100 30 16 450 100 30 16 450 100 31 16 450 100 31 16 450 100 32 16 450 100 33 16 451 100 35 16 451 100 35 16 451 100 36 16 451 100 37 16 451 100 38 16 452 100 39 16 452 100 39 16 452 2021 2022 2023 5522 5523 5521 2024 2025 2026 2027 3689 629 643 646 645 950 27 4399 4498 4499 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4481 4482 4483 4484 4485 4486 4480 44.15 44.17 44.18 4419 4421 4491 4422 4457 4438 4463 4439 4440 4441 4442 4443 4446 4450 4451 4452 4453 4454 4455 4456 4404 4405 4406 4407 4408 4409 4.410 4411 4412 4413 4496 4497 4423 4424 4.425 44.16 4428 4.429 4430 4431 4.432 4433 4434 Date of Act. 1871 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. |Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. MCh. Mich. Mch. Mch. Mch. MCh. MCh. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. MCh. Mich. Mch. Mch. Mch. Mch. Mich. Mich. Mch. MCh. Mch. Mch. Mch. Mch. 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 Stat. at Large. sec. 4435 4436 4437 4400 4487 4493 4495 4179 4492 4233 4233 4233 4233 4233 4233 4464 4465 4466 . 4467 4468 4469 4494 4495 4401 4444 4488 4490 4448 4449 4445 4447 563 629. 5344 4426 4427 4458 4457 4404 4414 4402 4403 5294 4460 4461 4462 3689 4459 4500 4281 - 4234 572 814 556. 533 554 572 608 559 625 7.43 899 900 901 242 1799 1822 3594 3809 416 596 607 607 1816 2038 3689 1753 3789 3687 3689 3689 3723 1368 Ghap. Sec. vol. Page." R.S. 100 39 16 452 100 39 16 452 100 40 16 452 100 41 16 453 100 42 16 453 100 43 16 453 100 44 16 453 100 45 16 453 100 46 16 453 100 47 16 454 100 47 16 454 100 47 16 454 100 47 16 454 100 47 16 454 100 47 16 4.54 100 48 16 454 100 48 16 454 100 48 16 454 100 49 16 454 100 . . 49 16, 454 100 49 16 454 100 50 16 455 100 50 16 455 100 51 16 455 100 51 16 455 100 52 16 455 100 53 1:6 455 100 54 16 456 100 55 16 456 100 56 16 456 100 56 16 456 100 57 16 456 100 57 16 456 100 57, 16 456 100 58 16 456 100 58 16 456 100 60 16 457 100 61 16 457 100 62 16 457 100 62 16 457 100 63 16 458 100 63 16 458 100 64 16 458 100 65 16 458 100 65 16 458 100 65 16 458 100 66 16 458 100 67 16 458 100 68 16 458 100 69 16 458 100 70 16 459 106 1 16 471 106 2 16 472 106 4 16 472 106 5 16 472 106 5 16 472 106 5 16 472 106 5 16 472 108 — 16 473 108 — 16 473 108 — 16 473 111 1 16 474 111. 2 16 475 111 3 16 475 113 1 16 483 113 1 16 479 113 1 16 477 113 1 16 485 113 1 16 478 113 1 16 492 113 3 16 494 113 3 16 494 113 - 4 16 495 114 1 16 500 114 1 16 506 114 4 16 514 114 9 16 514 115 1 16 517 115 2 16 521 116 5 16 525 116 6 16 525 117 3 16 535 117 5 16 535 6873 CHRONOLOGICAL TABLE of LAws 15081 1867] Stat. at Large. Date of , - Sec. Act. Chap. Sec. Vol. Page. R.S. 1871 MCh. 3 117 5 16 535 — Mch. 3 117 5 16 536 1370 IV[Ch. 3 117 5 16 535 1474 Mch. 3 117 5 16 , 535 1556 Mch. 3. 117 6 16 536 1376 MCh. 3 117 . 6 16 536 1385 Mch. 3 117 6 16 536 1475 MCh. 3 117 6 16 536 1556 MCh. 3 117 7 16 536 1390 IMCh. 3 117 7 16 536 1476 Mch. 3 117 8 16 536 1392 Mch. 3 117 9 16 536 1402 MCh. 3 117 9 16 536 1477 Mch. 3 117 9 16 536 1478 Mch. 3 117 9 16 536 1479 Mch. 3 117 10 16 537 421. MCh. 3 117 10 16 537 1436 Mch. 3 117 10 16 537 1485 Mch. 3 117 10 16 537 1486 Mch. 3 117 10 16 537 1487 Mch. 3 117 11 16 537 1481 IMſch. 3 117 11 16 537 1482 Mch. 3 117 12 16 537 1468 Mch. 3 117 12 16 537 1469 MCh. 3 117 12 16 537 1470 IMCh. 3 117 12 16 537 1471 MCh. 3 117 12 16 537 1472 IMCh. 3 117 . 12 16 537 1473 MCh. 3 117 12 16 537 1489 Mch. 3 117 12 16 537. 1565 Mch. 3 120 1 16 566 2079 Mch. 3 120 1 16 568 2107 Mch. 3 120 3 16 570 2103 Mch. 3 120 3 16 570 2105 MCh. 3 125 — 16 580 2496 Mch. 3 127 — 16 581 2403 MCh. 3 130 1 16 583 2582 Mch. 3 130 1 16 583 2583 MCh. 3 130 1 16 583 2698 Mch. 3 130 2 16 583 2585 Mch. 3 - 130 3 16 583 2.583 Mch. 3 130 3 16 583 2698 MCh. 3 130 3 16 583 2824 Mch. 3 132 — 16 583 4895 IMCh. 20 1. — 17 1 5579 Mch. 20 1. — 17 1 5580 MCh. 24 2 1 17 1. 995 Mch. 24 2 1 17 1 5504 MCh. 24 2 2 17 1. 996 Mich. 24 2 3 17 2 * 798 Mch. 24 2 4 17 2 5504 Mch. 24 2 5 17 2 5505 Mch. 24 5 1 17 2 492 Mch. 24 5 2 17 3 493 Mſch. 24 5 2 17 3 4934 IMCh. 30 7 — 17 3 25.18 Apr. 12 12 1 17 641 3689 Apr. 12 12 2 17 642 3689 Apr. 19 16 — 17 4 4770 Apr. 19 17 1 17 4 2552 Apr. 19 17 2 17 4 2553 Apr. 19 17 2 17 4 2699 Apr. 19 17 3 17 5 2552 Apr. 20 21 15 17 10 2600 Apr. 20 21 15 17 10 2990 Apr. 20 21 16 17 10 22.87 Apr. 20 21 27 17 12 4243 Apr. 20 21 27 17 12 4244 Apr. 20. 22 17 13 563 Apr. 20 22 17 13 629 Apr. 20 22 17 - 13 699 Apr. 20 22 17 13 1979 Apr. 20 22 17 j:3 563 Apr. 20 22 17 13 629 Apr. 20 22 17 13 699 Apr. 20 22 1980 Apr. 20 22 17 13 1980 Apr. 20 22 17 13 1980 Apr. 20 22 17 13 5336 Apr. 20 22 17 13 5406 Apr. 20 22 17 13 5407 Apr. 20 22 17 13 55.18 Apr. 20 22 17 13 5519 [Page Sec. Comp. St. 2496 2494 2668 2533 2670 1. 7 1. 3 85.19 8532 991 991 3932 991 991 3933 (1) 3933 (2) 3933 (3) 10170 10306 *-*m-ms 10185 tºmºsºmas T Date of Act. 1871 Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 20 20 1872 Feb. Feb. Feb. Feb. | Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. MCh. Mſch. Mch. Mſch. MIch. Mch. Mch. Mch. Mch. Mch. Mſch. | Mch. Mch. Mch. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. May May May May May May May May May May May May May May May May May May May May May May Stat. at Large. 2– Y Chap. Sec. Vol. Page. R.S. 22 2 17 13 22 3 17 14 22 5 17 15 22. 5 17 15 22 5 17 15 22 6 17 15 22 6 17 15 24 — 17 16 10 — 17 27 10 — 17 27 11 2 17 28 11 3 17 28 11 4 17 28 11 6 17 29 12 1 17 29 12 1 17 29 12 2 17 29 12 2 17 29 22 — 17 32 24 1 17 32 24 2 17 33 25 — 17 33 25 — 17 33 25 — 17 33 29 — 17 35 30 1 17. 35 30 1 17 35 30 1 17 35 30 1 17 35 30 1 17 35 30 1 17 35 30 2 17 35 31 1 17 35 31 1 17 35 31 1 17 35 31 3 17 35 33 — 17 36 34 — 17 36 34 — 17 36 35 — 17 36 47 — 17 40 56 1 17 40 56 2 17 41 56 3 17 41 57 — 17 41 72 — 17 44 79 3 17 47 80 — 17 47 81 1 17 48 81 1 17 48 86 — 17 50 88 2 17 51 90 — 17 51 99 — 17 52 99 — 17 52 103 — 17 53 114 — 17 55 129 — 17 58 131 — 17 59 131 — 17 59 131 — 17 59 131. — 17 59 140 1 17 61 140 1 17 64 140 1 17 66 140 1 17 68 140 1 17 82 140 1 17 65 140 1 17 73 140 1 17 73 140 1 17 76 140 1 17 76 140 1 17 76 140 1 17 76 140 1 17 70 140 1 17 71 140 1 17 64 140 2 17 82 140 3 17 83 140 3 17 83 140 3 17 83 Sec. 55.20 5299 800 801 822 629 1981 2683 572 658 23 25 26 22 300 3646 300 3647 5.191 2474 2475 2568 2569 2700 2512 5543 5545 5546 5547 5549 5550 353 1973 1974 1975 1976 3419 2990 2.997 597 1168 902 903 Sec. Comp. St. 101.41 1252 *-mºs 991 3934 tºmmº-sº CHRONOLOGICAL TABLE OF LAws Date of - Act. 1872 May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May IMay May May May May May May May May May May May May May May May May May 1 0 i i 10 10 IPage 1sgs] Stat. at Large. Sec. Sec. Y Sec. Vol. Page. R.S. Comp. St. /--- Chap. 140 5 17 83 140 5 17 83 140 5 17 83 140 5 17 83 140 13 17 85 140 13 17 85 143 — 17 88 143 — 17 88 145 2 17 89 146 — 17 89 146 — 17 89 146 – 17 89 147 – 17 90 149 1 17 90 149 3 17 90 149 3 17 90 152 1 17 91 152 2 17 91 152 3 17 91 152 4 17 92 152. 5 17 92 152 6 17 92 152 7 17 94 152 7 17 93 152 8 17 94 152 9 17 94 152 10 17 94 152 11 17 94 152 12 17 95 152 12 17 95 152 12 17 95 152 13 17 95 152 14 17 96 152 15 17 96 152 16 17 96 160 1 17 116 160 2 17 116 160 3 17 116 160 4 17 117 160 4 17 117 161 1 17 117 161 2 17 117 161 3 17 117 161 4 17 117 161 5 17 117 162 1 17 117 162 2 17 117 172 1 17 127 172 2 17 134 172 3 17 134 173 1 17 135 173 2 17 i35 176 — 17 135 177 1 17 136 177 2 17 136 177 2 17 136 177 2 17 136 178 – 17 137 194 — 17 145 194 — 17 144 194 – 17 142 194 — 17 144 195 1 17 153 195 1 17 146 195 1 17 151 195 2 17 154 197 – 17 156 199 1 17 157 199 1 17 157 199 1 17 157 199 2 17 157 199 2, 17 157 201 — 17 157 202 — 17 158 218 1 17 162 218 2 17 162 218 2 17 162 228 1 17 164 228 2 17 164 228 3 17 164 233 1 17 186 233 7 17 190 233 7 17 190 3.13 3618 3672 3692 312 1049 572 658 3689 863 864 866 . 1905 ~ 2.283 2284 2285 2319 2320 2322 2323 2324 2325 2321 2326 2327 2328 2331 2333 2238 2238 2334 2335 2336 2337 2344 1280 1281 1282 1283 1284 1305 1306 1302 1307 1308 1117 1342 268 3689 1995 4874 4875 658 2103 2103 2104 2106 201 504 1682 1690 1483 1544 1584 1541 3689 2595 2596 2675 2595 2596 572 1026 3221 3222 3.223 1177 1178 2042 445 466 -g 6609 6742 6808 485 1127 4614 4615 4618 4619 4620 4622 4616 4623 4626 4627 4630 4632 4473 (9) 4473 (11) 4642 4643 4644 4645 4652 21.93 2.194 2190 2195 21.96 - 2308a.(55) 401 - 3949 9366 9367 Data Act of 1872 May May May May May June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 30 30 31 31 31 Stat. at Large. f Sec. Ghap. Sec. Vol. Page." R.S. 239 – 17 192 23 239 — 17 192 27 240 – 17 192 1399 240 — 17 192 1480 241 – 17 192 2254 254 1 17 196 3702 254 2 17 196 3703 255 1 17 196 650 255 1 17 196 651 255 1 17 196 652 255 1 17 196 693 255 2 - 17 196 631 255 2 17 196 635 255 2 17 196 636 255 2 17 196 701 255 2 17 196 1008 255 3 17 197 948 255 3 17 197 j.005 255 4 + 197 912 255 4 17 197 953 255 5 17 197 914 255 6 17 197 915 255 6 17 197 916 255 7 17 197 718 255 7 17 197 719 255 8 17 198 1025 255 9 17 198 1035 255. 10 17 198 1036 255 11 17 198 1007 255 12 17 198 1041 255 13 17 198 738 255 13 17 198 739 255 14 17 198 1042 255 14 17 198 5296 255 16 17 199 847 256 . 2 17 201 4029 256 5 17 202 190 257 – 17 202 4878 279 – 17 214 1132 280 1 17 214 2792 . 280 2 17 215 3.007 282 1 17 215 543 282 2 17 215 572 282 2 iT 215 658 282 3 17 215 543 282 4 17 215 581 282 4 17 215 667 282 4 17 215 670 282 4 17 215 816 282 7 17 217 767 282 8 17 217 .551 282 8 17 217 554 282 9 17 217 621 282 10 17 217 898 284 1 17 218 571 284 1 17 218 608 284 3 17 218 572 284 3 17 218 658 286 – 17 218 1182 287 – 17 220 1832 306 – 17 226 1561 307 – 17 226 1589 315 1 17 230 2504 315 3 17 232 2501 315 3 17 232 2503 315 4 17 232 2504 315 5 17 233 2505 315 6 17 237 2917. 315 9 17 238 3020 315 10 17 238 2513 315 10 17 238 2514 315 11 17 238 3022 315 11 17 238 3689 315 12 17 241 3152 315 12 17 241 3154 315 12 17 241 31.59 315 12 17 241 3160 315 12 17 241. 31.63 315 12 17 240 3242 315 12 17 239 3244 315 12 17 238 3.245, 315 12 17 239 3249 315 , 12 17 238 3251 Sec. Comp. St. = 3 4 1. 8 wº-ººms 5 7 2 6 = CHRONOLOGICAL TABLE OF LAws Date of Act. 1872 June June June June June June June 'June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 6 Stat. at Large. Sec. [Page Sec. Chap. Sec. Vol. Page." R.S. Comp. St. 315 12 17 239 '3260 315 12 17 239 3264 315 12 17 239 3266 315 12 17 239 3267 315 12 17 239, 3270 315 12 17 239 3271 315 12 17 239 3280 315 12 17 240 3281 315 12 17 243 3.289 315 12 17 240 3293 315 12 17 240 3305 315 12 17 240 3307 315 12 17 240 3310 315 12 17 240 3313 315 12 17 240 3314 315 12 17 243 3320 315 12 17 243 3321 - 315 12 17 240 3323 315 12 17 240 3328 315 12 17 241 3329 315 12 17 242 3330 315 12 17 240 3332 315 12 17 240 3445 315 13 17 244 3244 315 13 17 244 3244 315 13 17 244 3244 315 13 17 243 3262. ' 315 13 .17 244 3308 315 13 17 243 3309 315 13 17 244 3317 315 14 17 244 31.53 315 14 17 244 31.57 315 15 17 245 3315 315 16 17 245 3335 315 17 17 245 3244 315 17 17 245 3336 315 18 17 245 3339 315 19 17 245 3337 315 20 17 246 3338 315 21 17 246 3340 315 22 17 246 3341 315 23 17 247 3342 315 24 17 247 3343 315 24 17 247 3344 315 24 17 248 3345 315 24 17 247 3346 315 24 17 247 3347 315 24 17 248 3348 315 25 17 248 3349 315 26 17 249 3350 315 27 17 249 3351 315 28 17 249 3352 315 29 17 249 3353 315 30 17 249 3354. 315 31, 17 252 3237 315 31 17 250 3244 315 31 17 251 3244 3460 5997 6002 6004 6005 6008 6009 6020 6021 6030 6084 6085 6087 6092 6095 6096 6102 6104 6110 6124 61.25 6129 6342 5971 (3) 5971(4) -5971(5) 5999 6088 6089 6099 5862 5866 6097 6139 5971 (5) 6140 6143 6141 6142 6146 6147 6148 6149 6150 6151 6153 6154 6155 6156 6157 6158 6159 6160 6161 6176 6187 6163 6169 6174 61.78 6180 6181 6183 6.185 6.188 6189 61.90 619.1 6.192 6195 6207 6341 5965 6214 *=s 6292 6293 6295 6362 315 31 17 253 3355 315 31, 17 250 3361 315 31 17 252 3362 315 31, 17 250 3368 315 31 17 253 3369 315 31 17 252 3371 315 31, 17 253 3372 315 31 17 253 3374 315 31 17 253 3376 315 31 17 251 3381 315 31 17 251 3382 315 31, 17 252 3383 315 31 17 252 3384 315 31 17 254 33.85 315 31 17 254 3386 315 31 17 255 3397 . 315 31, 17 252 3437 315 31 17 255 3444 315 32 17 255 3242 315 33 17 255 3406 315 34 17 255 3435 315 36 17 256 3418 315 37 17 256 3408 315 37 17 256 3409 315 37 17 256 3414 315 40 17 257 1869] Stat. at Large. Date of , • Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1872 . . . June 6 315 40 17 257 3461 6363 June 6 315 41 17 257 3689 6799 (18) June 6 315 44 17 257 3226 5949 June 6 315 44 17 257 3227 5950 . JLine 6 315 44 17 257 3228 5951 June 6 316 1 17 261 1672 *ms June 6 316 1 17, 261 1673 e- June 6 316 2 17 261 1342 2308a (41) June 6 316 2 17 261 1624 3018 June 7 322 1 17 262 4501 8287 June 7 322 2 17 262 4502 , 8.288 June 7 322 3 17 262 4502 8288 June 7 322 3 17 262 4505 82.94 June 7 322 3, 17 262 4506 8295 June 7 322 4 17 263 4507 8296 June 7 322 4 17 263 4508 8.297 June 7 322 5 17 .263 4592 8377 June 7 322 6 17 263 4593 *-*m-mºs June 7 322 7 17 263 4595 8379 June 7 322 8 17 263 4503 8289 June 7 322 8 17 263 4504 8290 June 7 322 9 17 263 4509 8.298 June 7 322 9 17 .263 4592 8377 June 7 322 10 17 264 4510 8.299 June 7 322. 11 17 264 4609 &º-º-º-º-º-º: June 7 322 12 17 264 4504 8290 June 7 322 12 17 264 4511 . . 8300 June 7 322 . 12 17 264 4513 8303 June 7 322 12 17 264 4520 831.1 June 7 322 13 17 265 4512 8302 June 7 322 14 17 265 4514 8304 June 7 322 14 17 265 4515 8305 June 7 322 14 17 265 4516 8306 June 7 322 15 17 265 4517 8307 June 7 322 15 17 265 4518 830S June 7 322 15 17 265 4523 8314 June 7 322 16 17 266 4531 *-*. June 7 322 17 17 266 4532 *-ºs- June 7 322 18 17 266 4533 tº-ºº-m June 7 322 19 17 266 4534 *- June 7 322 20 17 266 4519 8310 June 7 322 21 17 266 4527 8318 June 7 322 22 17 266 4549 83.38 June 7 322 23 17 267 4550 8339 June 7 322 24 17 267 4551 8340 June 7 322 25 17 267 4554 8343 June 7 322 26 17 267 4555 8344 June 7 322 27 17 267 4552 834.1 June 7 322 28 17 268 4553 8342 June 7 322 29 17 268 2174 gººms June 7 322 30 17 268 4524 8315 June 7 322 31 17 268 4535 8324 June 7 322 32 17 268 4525 8316 June 7 322 33 17 269 4526 8317 June 7 322 34 17 269 4528 8319 June 7 322 35 17 269 4529 8320 June 7 322 36 17 269 4565 8354 June 7 322 37 17 269 4566 8355 June 7 322 38 17 269 4567 8356 June 7 322 39 17 270 4568 8357 June 7 322 40 17 270 4569 8358 June 7 322 41 17 270 4570 8359 June 7 322 42 17 270 4571 8360 June 7 322 42 17 270 4572 8361 June 7 322 43 17 271 4538 8327 June 7 322 44 17 271 4539 8328 June 7 322 45 17 - 271 4540 8329 June 7 322 46 17 272 4541 8330 June 7 322 47 17 272 4542 : 8331 | June 7 322 48 17 272 4543 8332 June 7 322 49 17 272 4544 8333 June 7 322 50 17 273 45.45 8334 June 7 322 51 17 273 4596 8380 June 7 322 52 17 274 4597 8381 June 7 322 53 17 274 4599 -— June 7 322 54 17 274 4602. 8383 June 7 322 55 17 275 4604 8385 June 7 322 56 17 275 4600 8382 June 7 322 56 17 275 4603 8384 June 7 322 57 17 275 4605 8386 June 7 322 58 17 275 4290 8036 June 7 322 59 17 276 4291 8037 June 7 322 60 17 276 4292 8038 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1872 June June June June June June June June June June June June June June June June. June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 8 Stat. at Large. 335 Ghap. Sec. Vol. Page. 322 62 17 276 322 63 17 276 322 64 17 276 322 65 17 277 322 66 17 277 322. 68 17 277 333 2 17 282 334 1 17 282 334 1 17 282 334 2 17 283 334 3 17 283 335 — 17 283 335 1 17 283 335 2 17 283 335 2 17 284 335 3 17 284 335 3. 17 284 335 4 17 284 335 5 17 285 335 6 17 285 335 8 17, 285 335 9 17 286 335 10, 17 286 335 12 17 286 335 13 17 287 335 14 17 287 335 15 17 287 335 15 17 287 335 16 17 287 335 17 17 287 335 18 17 287 335 19 17 287 335 20 17 287 335 20 17 287 335. 21 17 287 335 21 17 287 335 22 17 287 335 22 17 287 335 24 17 288 335 24 17 288 335 25 17 288 335 26 17 288 335 28 17 289 335 29 17 289 335 30 17 289 335 31 17 289 335 32 17 289 335 33 17 289 335 34 17 289 335 35 17 289 335 36 17 289 335 37 17 289 . 335 38 17 290 335 39 17, 290 335 40 17 290 335 41 17 290 335 42 17 290 335 43 17 290 335 44 17 290 335 45 17 291 335 46 17 291 335 47 17 291 335 48 17 291 335 49 17 291 335 50 17 291 335 51 17 291 335 52 17 291 335 53 17 292 335 54 17 292 335 55 17 292 335 56 17 292 335 57 17 292 335 58 17 292 335 59 17 292 335 60 17 292 335 61, 17 292 335 62. 17 292 335 64 17 293 335 65 17 293 335 66 17 293 335 67 17 293 335 68 17 293 69 17 293 Sec. Iö.S. 4606 4607 4610 4612 4594 4612 819 608 658 658 663 161 ; 388 388 389 390 393 393 395 396 413 3668 397 412 403 3858 391 392 3832 5266 402 414 210 399 276 292 277 313 297 298 270 235 3836 405 400 4017 4017 4018 4019 4020 4021 4022 4023 4024 4025 4049 4050 4051 4052 4053 4054 3674 4055 4056 4057 4058 294 406 407 408 3641 40.59 4060 4061 3835 3829 3829 3831 3834 3837 3838 3839 3840 IIPage Sec. Comp. St. 6640 7608 7609 7423 71.94 7188 7.188 71.93 71.97 71.98 7200 | June | June 1870] Date of Act. 1872 June 8 June 8 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June, June June June June June June June June June June June June June June June 8 stat, at Large. Sec. Sec. —y Page. R.S. Comp. St. Ghap. Sec. Vol. 335 70 17 293 335 71 17 29.3 335. 72 17 293 335 73 17 294 335 74 - 17 29.4 335 75 17 294 335 76 17 294 335 77 17 294 335 78 17 294 335 79 17 294 335 80 17 294 335 81 17 294 335 82 17 294 335 83 17 29.4 335 84 17 29.4 335 85 17 294 335 87 17 295 335 88 17 295 335 89 17 295 335 90 17 296 335 91 17 296 335 92 17 296 335 93 17 296 335 94 17 296 335 95 17 296 335 96 17 296 335 97 17 296 335 98 17. 296 335 99 17 296 335 100 17 296 335 101 17 296 335 102 17 297 335 103 17 297 335 104. 17 297 335 105 17 297 335 106 17 297 335 107 17 298 335 108 17 298 335 109 17 298 335 110 17 298 335 111 17 298 335 112 17 298 335 113, 17 298 335 114 17 298 335 115 17 298 335 116 17 298 335 117 17 299 335 118 17 299 335 118 17 299 335 119 17 299 335 120 17 299 335 121 17 299 335 122 17 299 335 123 17 300 335 124 17 300 335 126 17 300 335 127 17 300 335 128 17 300 335 129 17 300 335 130 17 300 335 131 17 300 335 132 17 300 335 133 17 300 335 134 17 300 335 135 17 301 335 136 17 301 335 137 17 301 335 138 17 301 335 139 17 301 335 140 17 301 335 141 17 301 335 142 17 301 335 143 17 301 335 144 17 301 335 145, 17 301 335 146 17 302 335 147 17 302 335 148 17 302 335 148 17 302 335 149 17 302 335 149 17 302 335 150 17 302 335 151 17 302 3841 3.842 3843 3844 3845 3846 3848 3849 3850 3851 3852 3853. 3854 3855 3856 3857 3860 3861 3862 3863 3864 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 5463 4042 4042 4043 4044 293 4045 4046 4047 4048 3926 3927 3928 3926 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 3886 3887 3888 3889 3890 3891 3892 3893 3894 3893 3894 3896 3898 720.1 7202 7204 7205 7206 7208 7210 7215. 7216 10384 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1872 June June June June June June June June June June June June June June June June June June June June June June June June June June June June. June June June June June June June June June June June June June IPage 18711 Stat. at Large. Ghad. Sec. 335 152 17 302 335 153 17 303 335 154 17 303 335 155 17 303 335 156 17 303 335 157 17 303 335 158 17 303 335 159 17 303 335 160 17 303 335 161 17 303 335 162 17 303 335 163 17 304 335 164 17 304 335 165 17 304 335 166 17 304 335 167 17 304 335 168 17 304 335 169 17 304 335 170 17 304 335 171 17 304 335 172 17 305 335 173 17 305 335 174 17 305 335 175 17 305 335 176 17 305 335 177 17 305 335 178 17 305 335 179 17 306 335 188 17 307 335 189 17 307 335 190 17 307 335 191 17 308 335 192 17 308 335 193 17 308 335 194 17 308 335 195 17 308 335 196 17 308 335 197 17 308 335 198 17 308 335 199 17 308 335 200– 17 308 204 335 205 17 309 335 206 17 309 335 207 17 309 335 208 - 17 309 335 209 17 309 335 210 17 309 335 211 17 309 335 2.12 17 309 335 213 17 309 335 214 17 309 335 215 17 309 335 216 17 309 335 217 17 310 335 218 17 310 335 219 17 310 335 220 17 310 335 221 17 310 335 222 17 310 335 223 17 310 335 224 17 310 335 225 17 310 335 226 17 310 335 227 17 311 335 228 17 311 335 229 17 311 335 230 17 311 335 231 17 311 335 232 17 311 335 233 17 311 335 234 17 311 335 235 17 312 335 236 17 312 335 237 17 312 335 238 17 312 335 239 17 312 335 240 17 312 335 241 17 312 335 242 17 313 335 243 17 313 335 244 17 313 335 245 17 313 Sec. Sec. Vol. Page." R.S. Comp. St. 3898 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3.913 .7346 7351 7352 Date of Act. 1872 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June & 398 3914 3915 3916 3917 8918 3919 39.20 3921. 3922 3923 5464 54.65 3930 3931 3932 3933 3934 3935 3936 3937 3938 401 3939 3940 3964 3964 3972 3973 3974 3975 3997 3998 3999 4000 4001 3.965 3966 3967 3968 3969 3970 3971 3976 3977 3978 3979 3980 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 39.93 3994 3995 3.996 3941 3.944 3945 | June 4. June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June • June June June June June June June June June June June June June June June June June June June Stat. at Large. Chap. Sec. Vol. Page." 335 245 17 313 335 246 17 313 335 246 17 313 335 247 17 313 335 248 17 313 335 249 17 313 335 250 17 314 335 251 17 314 335 252 17 313 335 253 17 313 335 254 17 315 335 255 17 315 335 256 17 315 335 257 17 315 335 258 17 315 335 259 17 - 315 335 260 17 315 335 261 17 315 335 262 17 315 335 263 17 315 335 264 17 316 335 265 17 316 335 266 17 316 335 267 17 316 3.35 268 17 316 335 269 17 316 335 270 17 316 335 271 17 316 335 272 17 316 335 273 17 316 385 274 17 317 335 275 17 317 335 276 17 317 335 277 17 317 335 278 17 318 335 279 17 318 335 280 17 318 335 281 17 318 335 283 17 319 335 284 17 320 335 286 17 320 335 287 17 320 335 288 17 320 335 290 17 320 335 291. 17 321 335 292 17 321 335 293 17 321 335 . 294 17. 321 335 296 17 322 335 297 17 322 335 298 17 322 335 299 17 322 335 300 17 322 335 300 17 323 335 301 17 323 335 302 17 323 335 303 17 323 335 305 17 323 335 309 17 324 335 309 17 324 335 310 17 324 335 311 17 324 335 314 17 324 335 314 17 324 335 315 17. 325 335 3.16 17 325 335 317 17 325: 336 — 17 330 336 — 17 330 336 – 17 330 336 – 17 330 336 – 17 330 336 – 17 330 336 – 17 330 336 – 17 330 337 9 17 332 338 1 17 333 338 1 17 333 338 2 17 333 338 3 17 333 338 4, 17, 333 338. 5 17 334 339 – 17 334 Sec. Sec. R.S. Comp. St. 3946 3947 3948 3949 3950 *s-sº 3952 . 3953 3954 3955 3956 3957 3958 3959 3960 3961 404 4006 3943 3.942 39.62 4007 4008 4009 4010. 3963 4011 4012 4013 4014 4015 4016 54.66 54.67 5468 5469 5470 54.71 5534 ‘5473 5474 5475 5476 5477 5478 54.79 3899 392.4 39.25 4026 3929 4041 5480 3.895 919 3833 3.81 775 382 296 410 411 295 409 40.59 558 559 560 561 624 626 678 840 3689 2304 2305 2306 2307 2308 2309 5045 7433 7434 10392 7435 7436 7437 7488 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1872 June June June June June June June June June June June June June June June June June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 June 10 Dec. 17 § Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 - Dec. 24 Dec. 24 Dec. 24 T)ec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 IDec. 24 Dec. 24 Dec. 24 Dec. 24 T)ec. 24 T) ec. 24 Dec. 24 Dec. 24 Dec. 24 Stat. at Large. Chap. Sec. Vol. Page." 340 — 17 334 340 – 17 334 340 — 17 334 341- — 17 334 341 – 17 334 344 – 17 335 346 1 17 336 346 2 17 336 346 3 17 336 347 – 17 336 348 — 17 337 348- – 17 337 350 – 17 337 350 – 17 337 357 — 17 340 368 — 17 345 415 1 17 348 415 1 17 348 415 1 17 348 415 1 17 349 415 1 * 17 349 415 1 17 349 415 1 17 349 415 1 17 349 415 1 17 349 415 1 17 366 415 1 17 362 415 1 17 366 415 1 17 366 415 1 17 366 415 1 17 358 415 1 17 352 415 1 17 355 415 1 17 366 415 1 17 367 415 7 17 369 419 – 17 378 419 — 17 378 420 – 17 378 420 — 17 378 425 — 17 381 426 – 17 382 426 – 17 382 434 – 17 390 4 9 17 400 13 — 17 401– - 403 13 — 17 401 13 1 17 401 13. 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 . 1 17 401 13 1 17: 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 1 17 401 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 13 2 17 402 [Page Sec. Sec. R.S. Comp. St. 2368 gººms 4979 *=e 4986 ſºmeºmºs 572 * 658 Cºmmºnsº 1858 3.447 61.93 – 5193 *=s* 5.194 *** 2688 — 3618 6609 3692 6808 770 * 781 *-i-sº 23.63 4776 4877 9371 2011 mºmºs 2012 gºmºsºms 2013 *= 2015 gººmsºmºmºsºs 2009 tºmºss 2028 *ms 2029 ſºssmºs 2030 gºssºms 2031 tº sºme 222 * 1831 3390 2032 3967 2033 3968 2038 3974 2405 4817 3684 6790 3685 6793 5266 100.75 5269 100.79 3689 * 1254 2063 1622 2949 54.04 10305 ă405 10307 3689 tºss-s-smº 1151 fºssºmsºmºs 1194 — 1889 3478 4420 817.6 3244 5971(3) 3311 6093 ‘3163 5883 3172 5895 3173 5896 3174 5897 31.75 5898 31.80 5902 3.185 5907 3220 5944 3225 5948 3233 5956 3258 5994 3259 5995 3260 5997 3261 5998 3262 5999 3263 6001. 3264 6002 3265 6003 3.267 6005 3275 6015 3291. 6032 3301 6081 3310 6092 3317 6099 3357 61.65 3383 61.90 3176 5899 3.182 5904 3184 5906 3.185 5907 3.191 5913 3.218 5942 3253 5988 3258 5994 3415 6296 1872] | Date of Act. 1872 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 Dec. 24 T)ec. 24 I. 373 Jan. 8 Jan. 9 Jan, 9 Jan. 10 Jala. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 10 Jan. 11 Jan. 11 Jan. 15 Jan. 15 Jan. 16 Jan. 16 Jan. 17 Jan. 20 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 23 Jan. 24 Jan. 24 Jan. 24 Jan. 24 Jan. 31 Feb. 1 Feb. 7 . Feb. 7 Feb. 7 Feb. 7 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Eeb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Stat. at Large. f - — Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 13 2 17 402 3438 * 13 2 17 402 3439 gººmmiss 13 2 17 402 3440 * 13 3 17 402 3288 5961 13 3 17 402 3239 5962 13 3 17 402 3312 6094 13 4 17 403 3240 5963 13 4 17 403 3244 wº-º-º-mº 13 5 17 403 3414 6295 13 6 17 403 3307 6087 13 6 17 403 3314 6096 13 6 17 403 3383 61.90 13 7 17 403 3437 *mºna 13 9 17 403 320 491 14 – 17 404 1934 tº-mas 18 – 17 406 1813 rººms 21 – 17 406 3878 gº- 21 – 17 407 3897 wº-sº 24 1 17 408 107 163 24 1 17 408 108 165 24 1 17 408 109 166 24 2 17 408 117 174 24 3 17 408 108 165 24 3 17 408 113 170 24 3 17 408 118 175 24 3 17 408 119 176 24 3 17 408 124 181 24 3 17 408 125 182 24 4 17 409 127 184 34 — 17 410 4247 8533 34 – 17 410 4248 * =mºm 35 — 17 410 4504 8290 35 — 17 410 4511 8300 36 1 17 411 748 1250 36 2 17 411 749 1251 39 – 17 411 2742 sºm-ºms 43 – 17 412 332 504 48 1 17 416 1852 3439 48 2 17 416 1853 *- 48 2 17 416 1861 *= 48 3 17 416 1845 34.32 48 4 17 416 1855 3443 51 – 17 417 3689 — 51 1 17 417 4825 92.38 51. 1 17 417 4826 923.9 51 1 17 417 4827 924.1 51 1 17 417 4828 9242. 51 1 17 417 4829 9.245 51 1 17 417 4830 9251 51. 1 17 417 4831 92.56 51 1 17 417 4832 9260 51 1 17 417 4833 9269 51 1 17 417 4834 9270 51 1 - 17 417 4835 - 92.79 51 1 17 417 4836 92.82 51. 1 17 .417 4837 * === 62. – 17 418 1362 2470 63 – 17 418 1936 ſº ºsmºs 63 – 17 418 i937 ſºmmemºs 64 — 17 419 684 , 3 ºssºmsºmº 82 — 17 421 44 46 88 — 17 422 1287 2158 120 1 17 422 658 * == 120 2 17 422 613 tºmsºmºsºm 120 2 17 422 658 gººmsºmºsºms. 120 2 17 423 659 i = mem-sº 131 i 17 424 343 507 131 2 17 424 345 509 131 3 17 424 3496 6431 131 4 17 424 3503 6440 131 4 17 424 3504 6441 131. 4 17 424 3506 6443 131 5 17 425 3507 444 131 6 17 425 3508 . 6445 131 7 17 425 3509 6446 131 8 17 425 3510 6447 131 9 17 425 8502 6439 131 10 17 425 3500 6437 131 11 17 425 3501 6438 131 12 17 426 344 508 131 12 17, 426 3498 6434 131 12 17 426 3499 6435, CHRONOLOGICAL TABLE OF LAWS Date of Act. 1873 IFeb. 12 Feb. 12 Feb. 12 Feb. 12 Eleb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 IFeb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 IFeb. 12 ITeb. 12 IFeb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 12 IFeb. 12 Feb. 12 Eleb. 12 Feb. 12 Feb. 1.2 Feb. 12 Feb. 12 Eleb. 12 Feb. 12 Feb. 12 Feb. 12 Feb. 13 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 [Page 1873] Stat. at Large. COMP.S.T.’18—118 º Ghap. Sec. vol. Page." 131 13 17 426 131 14 17 426 131 14 17 426 131 14 17 426 131 14 17 426 131 15 17 427 131 15 17 427 131 16 17 427 131 16 17 427 131 17 17 427 131 18 17 427 131 19 17 427 131 20 17 427 131 21 17 427 131 22 17 428 131 23 17 428 131 24, 17 428 131 25 17 428 131 26 17 428 131 27 17 428 131 28 17 428 131 29 17 429 131 30 17 429 131 31 17 429 131 32 17 429 131 33 17 429 131 34 17 429 131 35. 17 429 131 36 17 430 131 37 17 430 131. 38 17. 430 131 39 17 430 131 40 17 430 131 41 17 430 131 42 17 431 131 43 17 431 131 44 17 431 131 45 17 431 131 46 17 431 131 47 17 431 131 48 17 432. 131 49 17 432 131 50 17 432 131 51 17 432 131 32 17 432 131 53 17 432 131 54 17 433 131 54 17 433 131 55 17 433 131 56 17 433 131 56 17 433 131 57 17 433 131 57 17 433 131 57 17 433 131 58 17 433 131 58 17 433 131 60 17 434 131 61 17 434 131 62 17 434 131 63 17 434 131 64 17 434 131 65 17 435 131 65 17 435 131 65 17 435 131 65 17 435 131 65 iſ 435 131 65 17 435 131 65 17 435 131 66 17 435 131 66 17 435 131. 66 17 435 135 — 17 436 137 — 17 437 138 1 17 437 138 1 17 43 138 1 17 438 138 1 17 438 138 1 17 437 138 1 17 457 138 1 17 459 138 6, 17 463 138 6 17 463 138 6 17 463 Sec. Sec. R.S. Comp. St. 3514 6457 3505 6442 3511 6448 3512 6451 3585 6572 3513 6452 3586 -3 3515 6.458 3587 6574 3516 6459 3517 6461 35.18 6463 3519 6465 3520 6466 3521 . 6467 3522 6468 3523 6469 3524 6470 3525 6472 3526 6473 3527 6490 3528 6494 3529 6495 3530 6497 3531 6498 3533 6500 3534 6501 3532 6499 3535 6502 3536 6503 3537 6504 3538 6505 3539 6506 3540 6507 3541 6508 3542 6509 3543 6510 3544 6511 3546 65.15 35.45 6512 3547 6518 3548 6519 3549 6520 3550 6521 3551 6522 3552 6523 3553 6524 3554 6526 3555 6527 3556 6528 3557 6529 3558 65.30 3559 6531 3560 6532 3560 6532 3561 6533 3562 6534 5457 10333 5458 10334 5459 10335 5460 10336 3497 6433 3592 65.79 3594 6583 3595 6584 3596 6586 3600 6590 3615 6604 3495 6416 3592 65.79 3594 6583 5123 - 3680 — 2046 — 2052 3991 2053 3992 2055 39.95 2070 - 467 4133 2136 4134 2043 3984 2044 3988 2045 3989 Date of Act. 1873 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. . Feb. MCh. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mſch. Mch. Mch. Mch. Mſch. Mſch. Mch. Mch. | MCh. Mch. Mch. MCh; : Mſch. Mch. Mch. IMCh. Mch. Mch. 14 14 14 18 19 21 22 22 22 22 22 22 22 22 22 22 25 25 25 Stat. at Large. Ghap. Sec. Vol. 138 6 17 463 138 7 17 463 138 7 17 463 159 — 17 465 166 1 17 466 173 — 17 468 184 1 17 471 184 1 17 472 184 1 17 472 184 1 17 472 184 1 17 472 184 1 17 473 184 1 17 473 184 2 17 474 184 3 17 474 184 3 17 474 198 1 17 475 198 1 17 475 198 2 17 476 198 2 17 476 198 2 17 476 200 1 17 476 200 1 17 476 200 2 17 476 200 3 17 476 200 4 17 476 200 5 17 477 210 — 17 479 215 — 17 484 217 — 17 484 223 2 17 484 223 — 17 484 223 4 17 485 223 4 17 485 224 — 17 485 225 1 17 485 225 2 17 485 226 — 17 486 226 1 17 486 226 1 17 486 226 1 17 488 226 1 17 486 226 1 17 486 226 1 17 487 226 1 17 488 226 1 17 489 226 1 17 485 226 1 17 486 226 1 17 486 226 1 17 486 226 1 17 492 226 1 17 486 226 1 17 492 226 1 17 486 226 1 17 501 226 1 17 502 226 1 17 486 226 1 17 502 226 1 17 503 226 1 17 504, 226 1 17 506 226 1 17 486 226 1 - 17 488 226 1 17 488 226 1 17 491 226 1, 17 494 226 1 17 500 226 1 17 495 226 1 17 495 226 1 17 496 226 1 17 496 226 1 17 496 226 1 17 496 226 1 17 496 226 1 17 496 226 1 17 496 226 1 17 497 226 2 17 508 226 2 17. 508 226 3 17 508 226 3 17 508 226 3 17 508 226 3 17 508 — Sec. Page. R.S. C 2047 469 2109 2345 333 3.297 1675 1675 1677 1678 1679 208 1706 1749 1717 2861 2568 2569 2568 2569 2665 608 653 654 655 656 572 1336 572 442 608 1821 1823 1827 31.45 3489 3601. 3603 3605 3606 3607 3608 3609 3610 3611 361.2 5260 5261 201 276 316 349 Sec. omp. St. 2 2 6 0 f 3. 5 o 669 669 793 1194 3406 3409 34.17 6402 6591 6593 6595 6596 6597 6598 65.99 6600 6601 10060 100.68 290 416 521 CHRoNoLoGICAL TABLE oF LAws Date of A T. 8'73 MGh. Mch. Mch. MTGh. MTGh. Mch. MTch. MTCh. MTGh. MTch. MICh. Mch. MTCh. Mch. Mch. MTch. Mch. Mch. MTCh. MCh. MTCh. Mch. MLCh. Mch. MTCh. Mch. Mch. MTCh. MTCh. M.Ch. Mch. MTGh. Mch. MICh. MTCh. Mch. Mch. Mch. MTCh. Mch. Mch. Mch. MTch. MTch. MTCh. Mch. MGh. Mch. MTGh. MGh. Mch. MTch. MGh. Mch. Mch. MTGh. Mch. MGh. Mch. MTCh. M.Ch. MTCh. Mch. Mch. Mch. Mch. Mch. MCh. MLCh. Mch. Mch. MTCh. MTch. Mch. Mch. MLCh. MTch. Mch. MTch. Mch. MTCh. Mch. I Page 1874I Stat. at Large. – –N SeC. Chap. Sec. Vo1. Page. R.S. 226 Z 17 508 Z89 226 Z 17 508 Z93 226 Z 17 508 446 226 Z 17 508 470 226 Z 17 508 521 226 4 17 509 5256 226 4 17 509 5262 227 – 17 511 223 227 – 17 526 1813 227 – 17 527 227 228 5 17 543 3595 228 5 17 543 Z600 228 8 17 543 Z596 228 9 17 543 Z611 228 9 17 543 Z612 229 – 17 546 1173 229 – 17 545 4877 230 1 17 547 1462 230 1 17 547 1463 230 1 17 555 1484 230 1 17 555 1495 230 1 17 555 1520 230 1 17 555 1524 230 1 17 555 1556 230 1 17 555 1588 230 1 17 555 1589 230 2 17 556 1006 230 2 17 556 1009 230 2 17 556 4636 230 Z 17 556 1444 231 – 17 . 557 Z827 231 – 17 557 3865 231 1 17 558 4002 2Z1 1 17 558 4003 231 1 17 558 4004 2Z1 1 17 558 4005 232 4 17 559 2913 232 5 17 559 ZZZ0 2ZZ 1 17 563 5255 234 1 17 566 4692 234 1 17 566 4693 234 1 17 567 4694 234 2 17 567 4695 234 2 17 567 4696 234 Z 17 568 4697 234 4 17 569 4698 234 4 17 569 4698% 234 5 17 569 4699 234 6 17 569 4700 234 7 17 569 4701 234 8 17 569 4702 234 8 17 570 4722 234 9 17 570 4703 234 10 17 570 4704 234 11 17 570 4705 234 12 17 570 4706 234 13 17 571 4707 234 14 17 571 4708 234 15 17 572 4709 234 - 16 17 572 4710 234 17 17 572 4711 234 18 17 572 4712 234 18 17 572 4731 234 19 : 17 573 4713 234 20 17 - 573 4715 234 21 17 573 4714 234 22 17 573 4748 234 23 17 573 4716 234 24 17 573 4717 234 25 17 574 4718 234 26 17 574 4719 234 27 17 574 4720 234 28 17 574 4721 234 29 17 575 472 234 30 17 575 474 234 Z0 17 575 4744 234 31 17 575 4783 234 31 17 575 4785 234 31 17 575 5485 234 31 17 575 5486 234 32 17 575 4745 17 575 234 4746 Sec. Comp.St. 568 572 690 727 10055 10069 ZZZZ 329 6584 6590 6586 6600 6601 9371 2652 2654 2687 27Z5 2890 2644 1665 1650 8413 2622 w-m-m-º 7483 7497 -mºs- -m- 5609 6125 9858 8933 8934 8942 8944 8946 8947 8948 8973 8974 8975 8976 8977 9023 8979 8987 8988 8990 8991 8993 8997 8999 9000 9035 9001 9011 -m- 9081 9012 -mm- -* 9018 9019 9022 729 9073 9111 9112 9114 -m- 9077 9079 Mch. MCh. Mch. MICh. DatE Of ACt. Ti 873 MCh. MTch. Mch. Mch. MTch. M.Ch. Mch. MCh. MLCh. MCh. MTCh. Mch. MCh. MTCh. MICh. MCh. Mch. MTCh. M.Ch. MCh. Mch. MTCh. Mch. MLCh. MCh. Mch. MLCh. MCh. MLCh. M.Ch. MLCh. MCh. MCh. MLGh. MLCh. Mch. M.Ch. MLCh. MTCIn. MTch. Mch. MLCh. MTCh. Mch. Mch. Mch. MLCh. M.Ch. M.Ch. Mch. MTch. Mch. Mch. Mch. MICh. Mch. MTCh. Mch. MTCh. MTCh. MTCh. MTch. MCh. MICh. Mch. Mch. MTch. Mch. Mch. MTCh. MTCh. MICh. MECh. Mch. MCh. Mch. MTCh. Mch. stat. at Large. Z07 Chap. Sec. Vo1. Page. 234 33 17 576 234 34 17 576 234 34 17 576 234 Z5 17 576 234 36 17 576 234 37 17 576 234 38 17 577 234 38 17 577 235 – 17 577 238 1 17 578 238 2 17 578 238 2 17 578 238 3 17 578 240 – 17 579 243 – 17 580 244 – 17 581 244 – 17 580 244 – 1 581 244 – 17 580 245 1 17 581 245 2 17 581 248 1 17 582 249 2 17 582 249 2 17 582 251 – 17 584 251 – 17 584 252 1 17 584 252 1 17 585 252 - 1 17 585 252 2 17 585 252 Z 17 585 253 1 17 585 253 1 17 585 253 1 17 585 253 1 17 585 253 2 17 586 253 2 17 586 253 2 17 586. 253 2 17 586 254 – 17 586 258 1 17 598 258 1 17 598 258 2 17 599 258 3 17 599 258 4 17 599 258 5 17 599 259 – 17 600 262 – 17 601 263 – 17 : 601 264 1 17 601 264 1 17 601 264 2 17 601 264 2 17 601 264 3 17 601 264 Z 17 602 265 – 17 602 266 - 17 602 267 – 17 602 267 - 17 602 268 1 17 602 268 2 17 603 269 1 17 603 269 2 17 603 269 3 17 603 269 4 17 603 270 – 17 604 271 – 17 604 272 – 17 604 272 – 17 604 273 – 17 604 276 – 17 605 277 6 17 606 278 – 17 606 279 1 17 607 279 2 17 607 279 3 17 607 279 4 17 607 279 5 17 608 279 6 17 608 282 – 17 608 283 – 17 609 1 619 Sec. Sec. R.S. Comp.St. 4747 4771 4772 4777 4774 4775 4776 4776 5045 384 386 498 387 2871 4580 838 3084 3085 3164 4071 4072 224 1345 4124 2568 2718 4386 4387 4388 4389 4390 2582 2583 2607 2684 2582 2583 2607 2735 3339 2491 5389 3893 2491 1785 2492 4414 4723 572 2586 2587 2586 2587 2685 2702 4548 2288 4879 4880 3564 3565 5205 5242 5243 5174 1326 2631 3847 4046 2701 4878 22Z8 5254 2347 2Z48 2349 2350 2351 2352 1670 2274 4249 9080 9106 9103 731 9105 560 565 Es 8371 1297 5787 5788 5 8 8 4 7619 7 6.43 s=-º 10485 10381 – 9835 CEIRONOLOGICAL TABILE OF LAWS IPage 1875I s Stat. at Large. - Stat. at Large. Date of a —y Sec. Sec. ſpºt. of 2– — Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. 1874 - 1874 Jan. 6 6 — 18 2 E=º 8177 June 22 391 17 18 189 - Jan. 8 7 — 18 2 tºº 6010 || June 22 391 18, 18 190 - Jan. 29 19 — 18 6 º 6460 || June 22 391 19 18 190 *- Feb. 4 22 — 18 14 tºº 3324 June 22 391 20 18 190 - Mch. 4 44 — 18 19 -º-º-º: 315 June 22 391 21 18 190 **- MCh. 5 46 — 18 19 391 571 || June 22 391 22 18 190 — Mch. 5 46 — 18 19 392 571 June 22 391 24 - 18 191 - MCh. 7 50 ... — 18 . 20 ºsmºs 3325 June 22 391 25 18 191 -- Mch. 23 62 1 18 23 * 7670 June 22 392 1 18 191 * MCh. 23 62 2 18 24 * 7671 || June 22 392 2 18 192 --- Mch. 24 64 — 18 24 1960 8854 June 22 395 1 18 193 - Mch. 24 65 — 18 24 *= 5671 || June 22 395 2 18 193 - Apr. 7 80 1 18 27 *º 3458 June 22 400 — 18 194 sº- Apr. 7 80 2 18 27 º 1652 June 22 414 — 18 200 * Apr. 17 106 — 18 30 sº 8077 || June 22 419 — 18 202 *- Apr. 18 110 — 18 31 g- 8145 || June 23 453 — 18 203 -- Apr. 20 117 1 18 33 tº 330 June 23 455 1 18 206 - Apr. 20 117 2 18 33 ººms 331 || June 23 455 1 18 216 - May 12 168 1 18 45 -º-º: 6424 June 23 455 1 18 220 — May 21 186 — 18 48 tº-º-º: 2450 || June 23 455 1 18 223 — June 1 200 — 18 50 tºº 1541 June 23 456 1 18 231 tº- June 6 219 — 18 61 tº- 9020 June 23 456 5 18 232 wº- June 6 223 1 18 62 *ss 5099 June 23 456 6 18 233 — June 6 223 2 : 18 62 -º-º: 5100 June 23 456 9 18 233 º- June 6 223 3 18 62 mºs . 4514 || June 23 456 12 18 235 sºmºn June 9 259 1 18 64 º 6126 June 23 456 12 18 235 - June 9 259 2 18 64 * 6127 | June 23 456 12 18 235 tº- June 9 260 — 18 64 tºmsºmº - 8291 || June 23 456 12 18 235 — June 11 275 1 18 67 tº- 3135 | June 23 456 13 18 237 sº- June 11 275 3 18 70 - 3145 || June 23 458 1 18 244 tº- June 11 275 4 18 70 º 3201 || June 23 458 5 18 245 1162 June 16 285 2 18 75 º 471 || June 23 458 5 18 245 * June 16 285 2 18 75 tº- 1164 || June 23 461 — 18 250 e- June 17 294 — 18 77 tºº 3199 June 23 464 1 18 251 {- June 18 298 1 18 78 º 8950 || June 23 465 1 18 251 ſº- June 18 305 — 18 80 sºme 4871 || June 23 465 2 18 251 sº- June 20 328 1 18 85 mºs 60 || June 23 465 • 3 18 252 mº June 20 328 1 18 87 º a 61 June 23 468 — 18 252 *- June 20 328 1 18 90 sº 289 June 23 469 7 18 256 984 June 20 328 1 18 90 º 298 || June 23 476 1 18 275 - June 20 328 1 18 90 tºº 7626 June 23 476 2 18 276 *- June 20 328 1 18 96 º 6436 June 23 486 — 18 282 - June 20 328 1 18 96 gºe 6664 || Dec. 28 9 2 18 294 204 June 20 328 1 18 97 º 6417 | 1875 June 20 328 1 18 99 sº 8431 || Jan. 14 15 1 18 296 * June 20 328 1 18 109 º 561 | Jan. 14 15 2 18 296 - June 20 328 2 18 109 º 1832 Jan. 14 15 2 18 296 3524 June 20 328 3 18 109 - 8235 | Jan. 14 15 3 18 296 — June 20 328 4 18 109 mºs 6687 | Jan. 14 15 3 18 296 *- June 20 328 4 18 109 3689 6799 || Jan. 18 18 — 18 297 - June 20 328 5 18 j.10 =º 6802 | ran. 19 19 — 18 302 *º June 20 330 — 18 111 tºº 4872 jan. 22 22 — 18 303 - June 20 331 — 18 111 tº-º 1005.7 Feb. 8 36 11 18 309 *- June 20 333 2 18 113 Fº 1523 Feb. 8 36 12 18 309 - June 20 333 5 18 113 == 1524 reb. 8 36 13 18 309 *- June 20 343 1 18 123 tº-g 9657 | Feb. 3 36 16 18 310 - June 20 343 2 18 123 *Eg 97.48 Feb. 8 36 17 18 311 - June 20 343 3 18 123 ºmº 9751 | Feb. 8 36 18 18 311 *- June 20 343 4 18 124 º 97.07 | Feb. 8 36 19 18 311 *º- June 20 343 5 18 124 tº-º 97.15 | Feb. 8 36 20 18 311 wºmº June 20 343 6 18 124 º 6563 reb. 8 36 21 18 311 - June 20 344 1 18 125 * 8472 | Feb. 8 36 23 18 312 *- June 20 344 2 18 127 Eºº 8520 | Feb. 8 36 24 18 312 - June 20 344 6 18 127 mººse 8540 | Feb. 8 36 25 18 312 tº- June 20 344 7 18 127 * 8544 | Feb. 11 41 — 18 315 --> June 20 344 8 18 127 sº 8465 | Feb. 16 77 1 18 315 - June 20 344 9 18 127 ºmº 8466 | Feb. 16 77 2 18 316 *- June 20 344 10 18 128 t- 7975 | Feb. 18 80 1 18 316 65 June 20 344 11 18 128 asnºge 7976 | Feb. 18 80 1 18 316 67 June 20 344 12 18 128 º 7977 | Feb. 18 80 1 18 317 79 June 20 344 13 18 128 amº 7978 || Feb. 18 80 1 18 317 239 June 22 388 — 18 135 mº 3440 | Feb. 18 80 1 18 317 284 June 22 388 — 18 145 *s 78 | Feb. 18 80 1 18 317 300A June 22 389 10 18 177 *= 6893 | Feb. 18 80 1 18 317 300B June 22 391 2 18 186 º- 5796 | Feb. 18 80 1 18 317 330 June 22 391 3 18 186 tº º 5797 | Feb. 18 80 1 18 317 333 June 22 391 4 18 186 tºmº 5798 || Feb. 18 80 1 18 317 453 June 22 391 5 18 187 • * 5799 || Feb. 18 80 1 18 318 1342 June 22 391 6 18 187 •= 5800 | Feb 18 80 1 18 318 1342 June 22 391 7 18 187 º 5801 | Feb. 18 80 1 18 318 846 June 22 39]. 8 18 188 º 5802 | Feb. 18 80 1 18 318 1007 June 22 391 13 18 188 tº-º-e 55.25 | Feb. 18 80 1 18 318 1011 June 22 391 15 18 189 tº- 5803 | Feb. 18 80 1 18 318 2146 Sec. , Comp.St. 10132 101.33 5804 10134 57.14 1713 5683 5684 2837 2839 6391 6392 4889 10061 6525 2742 6560 6669 8427 3975 7390 7356 7.357 7311 7433 7434 ... 7438 10392 73.62. 1772 1853 1903 10228 10444 98.21 9322 93.23 1129 .1625 6791 6900 3082 302 6542 6471 6470 6543 97.20 2848 97.25 5805 5353 5849 5850 5966 6108 5973 6289 6290 6291 5890 61.93 61.96 4621 1585 1586 91 93 112 370 455 469 470 502 505 699 2308a (9) 2308a (85) 1416 1666 1672 4149 sAvT Io (ITavi, Ivoroo'IONoh Ho "4S*duroo *ooS - 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M8T 3 *UIOTWI tº- 0).7 8T 8 J.8T 3 ‘UIOIAI * 0).7 8T 8 1,8T 3 "UIOIAI * 0.1% 8T 3 1,8][ 3 *UIOTWI wº- 0.1% 8T T 1,8T 3 ‘UIOTAI tº- 0.1% 8T T /.3T 3 *UIOIAI - 0).j 8T T. 1,8T 3 *UIOIAI * 69% 8T # 98T 3 *LIOIAI tº- 69% 8T 8 98T 3 *UIOIAI * 69% 8T & 98T 3 "UIOIAI * - 69% 8T. T. 98T 3 ‘UIOIAI - 1.9% 8T - - 98T 3 "UIOIAI * 99% 8T - g3T 3 *UIOIAI - 99; 8T 3 83T 3 "UIQIAI sº- ggſ, 8T I 38T 3 ‘UIOIAI - 39; 8T I 38T 3 *UIOIAI - Zgły 8T T 83T 3 ‘UIQIAI * Ogi; 8T 0T Z8T 3 *UIQTWI — 09:# 8T 6 38T 3 "UoTAI 932,8T *S*H "25t; aſ “IoA *ooS “delſo *10 V *99S \ * Jo eqt, GI *@3.It?rſ 4t: "qt+S g?0% #90% 390? Z90? #80% 980? 0.663 9868 II.9% TGZ3 68.09 0.13% 0.1% 0999 696T GTOT LTT ZZ 89),6 398 O% 808? I3I6 8838 3988 # 1.06 3999 9I),6 GT98 81,78 68).9 I,936 #88 G88 888 . T6% 0If? T/, 66/9 088), 11,81, 39% 88T1, 687), T3% I, #039 j7).T.9 #9T #8T D8083 0868 6%68 83.63 J.368 93.68 996? 068T 633 I 83.3T. 1,38T 82.3T. 96TT. T88ſ J.If I 3886 GT86 TT86 69),6 3%. 1,6 3.II8 M.308 966), 999), 2.T30T //7/, 3.399 863.9 61,09 (3) IL69 T969 3069 6),89 ŽT89 89.8% *4S"douod *S*H "25ts.T - \ °ooS I91st asual i : ; 6# T& 6 8 3 6 3. 0.93% 1,80% #668 T998 J.If.8 66%.8 ##33 88.33 T8T3 89T3 00I3 69'ſé *ooS 09% 8T 2. Z3T O9% 8T 9 Z3T. 6?? 8T # 38T 6## 8T 8 Č8 6## 8T 3. Z31. #3% 8T T 38'ſ ZZ; 8T T Z8T ZŽiž 8T T. Z3T. 037, 8T GT T3T 0.3% 8T #T T3T. 6Tip 8T ZT T8T 6Tjø 8T OT T3T. 6Tíž 8T 6 T3T g|If 8T # T3T OT; 8T T T3T. TO} 8T 8 08T T0% 8T 8 08 E 00? 8T 9 08T 668 8T 8 08T 963 8T 3 08T 688 8T T 08T #83 8T T 08T 1.1.8 8T T 08T 9),8 8T T 08T 91.8 8T T 08T # 1,8 8T T 08T 81,3 8T T 08T 31.8 8T T 08T 31.8 8T T 08T T/,8 8T T 08T 0),3 8T 3 63T 698 8T I 6&T 398 8T T 63T Ž93 8T I 6&T Z98 8T I 63T. 678 8T T 6&T G#3 8T T 6&T G#8 8T T 6%T 878 8T T 63T 373 8T 1. 8&T 3% 8T g 8&T 878 8T # 83T. Žiž3 8T T 8%T I#3 8T T 8&T Of 3 8T T 8&T 688 8T & J&T 688 8T 3. 1.31 888 8T 3. 6TI 888 8T T 6TT 1,88 8T *- QTT M.88 8T g #TT 933 8T # #II 988 8T 8 #II 988 8T. 3. #TT 988 8T I #II #33 8T *==-> 66 #33 8T 1, 36. #33 8T 9 G6 #83 8T g g6 888 8T # 96 888 8T 3 gó 888 8T 3 96 888 8T & 96 383 8T T. 96 633 8T *== 68 033 8T T 08 033 8T T 08 0%3 8T T 08 0%3 8T T 08 038 8T I - 08 0%3 8T. T. 08 0.38 8T I 08 033 8T I 08 0.33 8T I 08 6T3 8T I 08 6T3 8T T 08 6T3 8T T 08 6T3 .8T T 08 6T3 8T T 08 6T3 8T I 08 6T3 8T T 08 6T3 8T T 08 6T3 8T T 08 8T3 8T I 08 *IOA ‘oa S “deuſo —” *95.It?' I tº "ºbºs “UoTAI 'UoN *Uſo IAI *UIOIAI *UIOIAI *UIQIAI *UIOIAI ‘UIOTAL 'uow *UIOIAI ‘uow *UIQſAI *UIOTAI *Uſoſ.WI *UIOIAI *UIOTAL *UIOIAI *UIOTAI “UoTAI “UoN *UIOTWT *UIOIAI *UIOTAL *UIOTWI *UIOIAI *UIOIAI *UIQIAI *UIOIAI *UIOIAI *UIOTAL *UIoIWI *UIOIAI *LIOIAI "UoTAI *UIOIAI 'uo WI *UIOTAI 'uoTN *UIOIAI *UIOIAI *UIOIN *UIOIAI *UIOIAI *UIOIAI *Uſo IAI *UIoTWI “UIOIAI "UIQIAI *UIOIAI "UſoTAI *UIQIAI *UIOIAI *UIOIAI *UIOIAI *UIOIAI "Clo, H. 33 °C(9, H. zz ‘de,H ZZ “Cle,H 33 °Co, H. ZZ “Cle, H. ZZ "Cle, H. ZZ "Cle, H. ZZ "CI2, H 6T *C19, H. 8T "CI2, H. 8T ‘Clº, H. 8T ‘Cle, H. 8T “Cle, H. 8T “Cle,H 8T "Cie, H 8T ‘Cie, H 8T ‘Cle, H. 8T ‘Co, H. 8T “Cle, H. 8T “Cle, H. 8T “Co, H. 8T "Cie, H. 8T "Cie, H. 8T "Cle, H. 8T ‘de, T 8T "Clºſ 8T "Cie, H. 8T “Cie, H. 92.8 I ‘mov Jo 94% CI CHRONOILOGICAL TABLE OF LAWS IPage 1877] Stat. at Large. Sec. 94.22 9412 4654 Date of , — Sec. Act. Ghap. Sec. Vol. Page. R.S. Comp. St. 1876 May 3 90 15 19 52 May 3 90 16 19 52 May 5 91 19 52 May 13 95 19 53 May 23 103 June 10 122 June 20 136 June 26 147 June 26 147 June 26 147 June 30 156 June 30 156 June 30 156 June 30 156 June 30 156 June 30 156 June 30 159 June 30 159 July 5 167 July 12 179 July 12 179 July 12 179 July 12 179 July 12 179 July 12 179 July 12 179 July 12 179 July 12 183 July 12 185 July 12 186 July 12 186 July 24 226 July 29 239 July 31 246 July 31 246 July 31 246 July 31 246 July 31 246 July 31, 246 July 31 246 Aug. 7 255 Aug. 11 260 Aug. 11 260 Aug. 12 263 Aug. 14 267 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 Aug. 15 287 1. 9 6 4. 5 2 1. 9 6 6 1. 4 17 i : : 1 2 tº-2 5 1. 9 8 8 5 -5 1 9 1. 1. 8 1. 9 7 3 19 152 19 152 19 152 19 155 19 156 1 9 1. 4 5 1. 9 9 0 Aug. 15 287 19 156 264 Aug. 15 287 19 169 =- Aug. 15 287 19 169 - Aug. 15 287 19, 169 gº Aug. 15 289 19 199 * Aug. 15 289 19 200 º Aug. 15 289 19 200 * Aug. 15 300 19 203 tºº Aug. 15 300 19 204 º Aug. 15 304 19 206 Gº- 1877 - - -- - Jan. 12 18 19 221 sºmsº Jan. 12 18 19 221 º 19 223 19 223 # => 19 241 197 19 241 215 19 241 225 19 241 259 19 241 335 241 354 19 241 838 19 241 875 19 241 1097 19 242 1118 19 242 1126 19 242 1.132 19 242 1136 19 242 1139 19 242 1162 Jan. 16. 24 Jan. 19 27 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Feb. 27 69 Teb. 27 69 Feb. 27 69 Eleb. 27 69 Feb. 27 69 1 9 6145 55 4075 5549 1058 1343 1344 9826 98.07 98.27 97.67 6568 9778 2570 2799 2283 7484 • 463. 718.9 7190 7229 7485 7400 7331 10547 | 8109. 10381 10383 9369 2105 7184 3375 8861 4436 4515 4809 4882 2218 7434 7488 1755 99.09 51 3374 355 363 5869. 5882 6345 6585 87 872 245 3225 3270 4044 6715 4127 9126. 9127 1475 4752. 4768 10333 733 280 314 327 868 878 529 1297 1486 1756b 1886 1879 1996 1981 1951 1853 Date of Act. 1877 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 . Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 IFeb. 27 Eleb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Stat. at Large. /- —y Chap. Sec. Vol. Page. 69 1 19 242 69 1 19 242 69 1 19 242 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 243 69 1 19 244 69 1 19 244 69 1 19 244 69 1 19 244 69 1 19 244 69 1 19 244 69 1 19 244 69 1 19 244 69 1, 19 244 69 1 19 244 69 1 19 245 69 1. 19 245 69 1 19 245 , 69 1 19 246 69 1 19 247 69 -1 - 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 247 69 1 19 248 69 1 19 248 69 1 19 248 69 1 19 248 69 1 19 248 69 1 19 248 69 1 19 248 69 1, 19 .248 69 1 19 248 69 1 19 248 69 1. 19 248 69 1 19 248 69 1 19 248 69 1 19 248 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1, 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 249 69 1 19 250 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 251 69 1 19 252 69 1 19 252 69 1 19 252 Sec. R.S. 1163 1167 1260 1174 1.191 1207 1220 1221 1224 1259 1270 1279 . 1342 1342 1337 1875 1480 2055 2073 2139 2450 2451 25.30 25.45 2619 2810 2865 2936 2978 2984 2.988 2989 3001 3002 3003 3005 3009 3083 3090 3100 3105 3120 3140 3141 3168 31.97 3226 3239 3310 3318 . 3355 3362 3.456 3473 3536 3561 3568 3618 3620 3622 3625 3663 3672 3692 371.4 3741 37.43 42.19 4284 4290 4315 4318. 4319 4320 43.81 4409 44.15 4420 4421 4440 4441 4467 4472 Sec. Comp. St. 1854 1858 2284 1837 1966 1901 2181 1969 1995 2074 2115 2143 2308a.(85) 2308a (91) 2261 642 2676 3995 4017 4136a 5106 5107 5329 5333 5357 5507 5548 ~5625 5664 5677 5681 5682 5686 5687 ' 5688 5690 5710 5786 5794 5812 5817 5832 5842 58.43 5888 5919. 5949 59.62 6092 6100 6163 ($169 '6358 6379 6503 6533 6540 6609 6612 6616 6624, 6681 6742 6808 6842 6892 6894 7812 8022 8036 8061 8064 8065 806.8 8136 8168 8170 8176 8182 8202 8203 8237 8242 CEIRONOLOGICAL TABLE OF LAWS Pate of Act. 1877 Feb. 27 Eleb. 27 Feb. 27 Eleb. 27 Feb. 27 Feb. 27 Eleb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 Feb. 27 E’eb. 27 B'eb. 27 Feb. 27 Feb. 27 Feb. Eleb. 27 Feb. 28. MCh. 2 Mch. 2 MCh. 3 MCh. 3 MCh. 3 Mch. 3 MCh. 3 MCh. 3 Mch. 3 MCh. 3 Mch. 3 MCh. 3 Mch. 3 MCh. 3 MCh. 3 Mch. 3 Mch. 3 Mch. 3 IMCh. 3 Mch. 3 Mch. 3 MCh. 3 MCh. 3 MCh. 8 MCh. 3 IMch. 3 Mch. 3 Mch. 3 Mch. 3 Mch. 3 MCh. 3 MCh. 3 MCh. 3 Mch. 3 IMCh. 3 MCh. 3 IMch. 3 Mch. 3 MCh. 3 MCh. 3 Mch. 3 Mch. 3 IMCh. 3 IMCh. 3 IMCh. 3 Dec. 14 I 878 Feb. 28 Feb. 28 Feb. 28 Mch. 9 Mch. 9 Mch. 9 Mch. 9 MCh. 9 MCh. 9 IMCh. 9 Mch. 16 Apr. 10 Apr. 29 Apr. 30 Apr. 30 Apr. 30 May 3 May 4 May 4 2––– Chap. 107 109 109 1.13 113 113 114 114 114 114 114 114 114 114 Stat. at Large. • Sec. Sec. Vol. Page. R.S. 1 19 252 4490 1 19 252 4513 1 19 252 4522 1 19 252 45.75 1 19 252 4605 1 19 252 4787 1 19 252 4790 1 19 252 47.91 1 19 252 5174 1 19 252 5211 1 19 252 5225 1 19 252 5269 1 19 252 5292 1 19 253 assº- 1 19 253 *- 1 19 253 5293 1 19 253 5309 1 19 253 5579 — 19 264 gº 1 19 268 tºº 4 19 269 †º 1 19 291 tº-e 1 19 306 tºº 1 19 307 tº- 1 19 310 1342 2 19 335 —rs 2 19 335 396 3 19 335 *== 5 19 335 sº 5 19 335 sº 6 19 336 sº — 19 344 sº — 19 344 sº — 19 347 sº — 19 347 sº — 19 348 games — 19 353 * — 19 370 * 1 19 377 * 2 19 377 sº 3 19 377 -º-º-º-º: 4 — tºº-º-º: *=sº 5 — * $º- 7 — gº mº 8 — gºssº sº 2 19 383 1111 3 19 383 1111 1 19 392 * 3 19 392 tº-sº 4 19 392 mºmº 1 19 393 *sº 2 19 393 s= } 3 19 393 sºmº, 4. 19 393 tº-º-º- 5 19 394 * - 6 19 394 - 7 19 394 º 8 19 394 º 9 19 394 * 10 19 395 *== 11 19 395 *sº — 19 395 gº — 19 403 &mºn — 19 403 gº º – 20 7 — 1. 20 25 tºmº 3 20 26 sº 3 20 26 º — 20 27 *sº 1 20 27 sº 2 20 28 gº º 3 20 28 tºms 4 20 28 †- 5 20 28 gºe 6 20 28 *_º — 20 30 ss=sº — 20 36 gººms 1 20 37 * = º 2 20 46 *º- 2 20 46 e=sº 2 20 524 *== } — 20 48 ~~~ 1 20 50 Lºº 1 20 51 tº-º IPage Sec. Comp. St. 8260 8303 8313 8366 8386 9120 9123 9.125 97.18 97.74 | 98.12 100.79 101.30 102.06 10317 101.31 101.51 10565 8954 1527 1528 4048 276 6418 2308a.(36) 583 582 584 7369 10397 7370 1167 1231 93.08 9.329 3376 6554 6930 4674 4675 4676 4677 4678 46.79 4680 2270 2270 4794 4795 4796 6039 6040 , 6041 6042 6043 6044 6045 || 6046 6047 | 6048 6049 4967 9013 9031 1396 6453 6454 10317 1528. 9052 9053 9054 9055 9056 90.57 1465. 6843 9155 4986 4987 1164 6067 24.90 659 1878] Date of Act. 1878 May 17 May 17 May 17 J T1 Il € ; J 11 Il € i : JJ Ulll Iln €€ º : º : i : June 18 June 18 Stat. at Large. Chap. See. Vol. Page." 107 2 20 62 107 3 20 62 107 5 20 62 146 — 20 87 150 1 20 88 150 2 20 88 150 3 20 89 151 1 20 89 151 2 20 89 151 3 20 90 151 4 20 90 151 5 20 90 152 1 20 91 170 — 20 102 191 4 20 115 193 – 20 131 259 1 20 140 259 1 20 1:41 259 1 20 141 259 1 20 141 259 1 20 142 259 1 20 142 259 2 20 143 260 — 20 143 260 . — 20 143. 261 — 20 144 263 2 20 149 263 5 20 150 . 263 7 20 150 263 8 20 150 263 9 20 151 263 15 20 152 265 21 20 163 265 1 20 163 265 3 20 163 265 4 20 163 265 5 20 164 265 7 20 164 265 8 20 164 265 9 20 164 265 10 20 165 265 11 20 165 265 12 20 165 267 1 20 165 267 2 20 166 268 — 20 166 31}. 1 20 167 3.11. 2 20 167 312 1 20 167 312 2 20 167 312 3 20 168 324 — 20 175 329 1 20 17 S 329 1 20 183 3.29. 1 20 187 329 1 20 191 329 1 20 191 329 1 20 193 329 1 20 193 329 1 20, 200 329 1 20 201 329 1 20 203 329 1 20 205 329 1 20 205 359 1 20 216 359 1 20 219 359 1 20 220 359 1 20 223 359 1 20 240 5 — 20 258 23 1 20 265 23 2 20, 265 23 4 20 265 28 1 20 267 30 '1 20 274 30 2 20 275 30 3 20 275 30 4 20 275 39 1 20 277 39 2 20 277 39 3 20 277 40 1 20 278 40 2 20 279 4 1 3 6 S 9 3 i ; : : *º wº CHRONOLOGICAL TABLE OF LAWS Date of Act. 1879 Feb. 3 Feb. 3 Feb. 4 Feb. 14 Feb. 14 Feb. 15 Feb. 21 Feb. 24 Feb. 26 Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. IMch. Mch. Mſch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. MIch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IPage 18791 Stat. at Large. r S Sec. ‘Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 42 — 20 280 gº 10265. 44 — 20 281 -- 9372 45 – 20 281 3835 71.94 68 — 20 288 —- 6758 68 – 20 290 *- 2755 81 — 20 292 Gº- 1232 95 4 20 317 sºmsº 7235 97 8 20 320 iº- 1863 105 — 20 322 sº 2765 125 1 20 327 &= - 5891 125 2 20 327 797 1325. 125 2 20 327 3143 5847 125 2 20 328 3144 5848 125 2 20 328 3149 5854 125 2 20 328 3163 5883 125 2 - 20 329 tº- 5849 125 2 20 329 3152 5856 125 2 20 329 3165 5885 125 2 20 329 3171 5894 125 2 20 330 - 5850 125 3 20 330 3173 5896 125 3 20 331 3183 5905 125 3 20 331 3176 : 5899 125 3 20 331 3186 5908 125 3 20 331 31.97 5919 125 3 20 332 3203 5925 125 3 20 332 3208 5930 125 3 20 333 3223 5946 125 4 20 333 —- 5973 125 4 20 333 3244 5971(3) 125 4 20 333 3244 5971(5) 125 5 20 334 3246 5975 125 5 20 334 3264 6002 125 5 20 335 3276 6016 125 5 20 335 3282 6022 125 5 20 335 3286 6027 125 5 20 336 **- 5991 125 5 20 336 3.287 6028 125 5 20 336 3293 6034 125 5 20 337 3294 6036 125 5 20 337 3301 6081 125 5 20 338 3315 6097 125 5 20 339 3314 6096 125 5 20 339 3317 6099 125 5 20 339 3318 6100. 125 5 20 339 3332 6129 125 5 20 340 3334 6131 125 5 20 340 3346 6153 125 6 20 340 e- 6091 125 6 20 341 3221 5945 1:25 8 20 341 * 5996 125 9 20 341 - 1676. 125 10 20 342 *- 6126 125 10 20 342 3244 5971(2) 125 10 20 , 342 3340 6146 125 11 20 342 *- 56.50 125 12 20 342 - 5651 125 13 20 343 - 5652 125 14 20 344 3355 6163 125 14 20 345 3360 6168 125 14 20 345 3362 6169 125 14 20 346 33.71 6180 125 14 20 346 3377 6186 125 15 20 346 3383 61.90 125 15 20 346 3384 619.1 125 16 20 347 3386 6195 125 16 20 347 3387 61.97 125 16 20 347 3389 61.99 125 16 20 347 3392 6202 125 16 20 348 3393 6203 125 16 20 348 3397 6207 125 18 20 351 3446 6343 125 20 20 351 - 6068 125 21 20 351 - 6138 125 22 20 351 * 6299 125 23 20 352 tº- 5892 170 — 20 352 2403 4814 173 — 20 353 tº- 2184 180 1 20 356 *- 10351 180 1 20 357 *- 6710 180 1 20 357 tº- 7251 180 3 20 358 tº- 7481 180 4 20 358 tºº 7496 Date of Act. 1879 Mch. Mich: Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1Mch. Mch. |M.Ch. Mch. Mch. Mſch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. May 12 May 12 May 12 May 12 May 17 June 9 June 9 June 9 June 14 June 21 June 21 June 21 June 23 June 23 June 23 June 23 June 23 June 23 June 23 June 28 June 28 June 28 June 28 June 28 June 28 June 28 June 28 June 30 Stat. at Large. ~ S Sec. Vol. I’age. R. f Chap. 180 6 20 358 180 7 20 358 180 8 20 358 180 9 20 358 180 10 20 359 180 12 20 359 180 13 20 359 180 14 20 359 180 15 20 359 180 16 20 359 . 180 17 20, 359 180 18 20 360 180 19 20 360 180 21 20 360 180 24 20 361 180 25 20 361 180 26 20 361 180 27 20 362 180 28 20 362 180 29 20 362 180 29 20 362 180 30 20 362 180 31 20 362 180 32 20 362 182 1 20 383 182 1 20 383 182 1 20 386 182 1 20 388 182 1 20 389 182 1. 20 390 182 1 20 391 182 1 20 391 182 1 20 394 182 1 20 394 182 1 20 394 182 1 20 395 182 1 20 397 182 1 20 400 182 2 20 402 183 — 20 410 183 — 20 415 183 — 20 419 183 — 20 420 186 1 20 468 186 2 20 468 186 3 20 468 186 4 20 469 187 1 20 470 187 2 20 470 189 1 20 470 189 2 20 471 191 — 20 472 192 — 20 472 200 — 20 484 5 — 21 3 5 — 21 3 5 — 21 3 5. — 21 3 5 — 21 3 8 — 21 4 12 1 21 7 12 2 21 8 12 3 21 8 23 — 21 20 34 2 21 27 34 3 21 30 34 3 21 30 35 1 21 31 35 1 21 31 35 1 21 33 35 4 21 34 35 4 21 34 35 7 21 35 35 8 21 35 43 1 21 37 43 2 21 37 43 3 21 38 43 4 21 38 43 5 21 38 43 6 21 38 43 7 21 38 43 8 -> - 52 2 21 43 3 9 €C, S. Sec. Comp. St. 606 7302 7303 7353 7304 7305 103.93 7306 7307 7308 7315 7316 7317 7328 7335 7360 7347 10379 10375 7371. 10397 7440 7227 7396 6514 6943 6796 3326 2459 92.58 3372 3389 770 778 10576 9330 10577 187 3969 3093 1050 108 10062 9386 93.87 93.89 93.90 9004 8996 4983 4984 4585 4539 8956 2979 2570 2575 2580 2581 10201 6491 6492 6573 6023 5871 6548 9099 2119 10078 9.283 2207 2260 4.162 1980 99.93 99.94 99.97 9998 99.99 10000 10001 10003 1252 CHRONoLogical TABLE OF LAWS Date of Act. 1879 June 30 June 30 June 30 June, 30 June 30 July 1 July 1 July 1 Dec. 20 IDec. 20 Dec. 22 1880 Jan. 22 Jan. 22 Feb. 14 Apr. 16 May 4 May 11 May 14 May 14 May 14 May 18 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 May 28 Stat. at Large. Ghap. Sec. Vol. Page." 52 2 21 43 52 2 21 43 52 2 21 43 52 3 21 44 54 — 21 44 60 — 21 46 62 — 21 47 63 1. 21 48 1 : 1 21 59 1 2 21 59 2 – 21 59 9 2 21 61 9. 2 - 21 61 25 — 21 66 41 — 21 70 48 2 21 72 56 — 21 74 81 1 21 113 85 1 21 131 89 1 21 140 89 2 21 141 89 3 21 141 95 — 21 141 108 1 21 145 108 2 21 145 108 3 21 145 108 4 21 145 108 5 21 146 108 6 21 147 108 7 21 147 108 8 21 147 108 10 21 148 108 11 21 148 108 12 21 148 108 13 21 148 108 14 21 148 108 15 21 148 108 16 21 148 108 18 21 149 113 1 21 151 115 — 21 153 121 1 21 156 121 1 21 156 129 — 21 164 136 — 21 166 161 1 21 167 161 2 21 168 166 — 21 170 190 1 21 173 190 2 21 173 190 3 21 173 190 4 - 21 173 190 5 21 174. 190 6 21 174 190 7 21 174 190 9 21 175 190 10 21 175 206 1 21 177 206 1 21 179 214 — 21 198 227 3 21 238 227 4 21 238 235 – 21 262 235 — 21 263 235 — 21 271 235 — 21 274 235 — 21 275 235 — 21 277 236 1 21 281. 244 1 21 287 244 2 21 287 244 3 21 287 244 4 21 287 2 — 21 311 7 — 21 312 19 — 21 315 25 1 21 317 32. 2 21 604 32 3 21 604 33 1 21 322 34 – 21 322 Sec. 2 3. 2 5 ;4033 IPäge sec. R.S. Comp. St. 1253 1255 1263 562 81.46 4586 6945 45.53 6055. 6056 6.13 4620 4622 97.27 40.76 7448 3445 22.85. 4041 4536 4537 4538 9859 5997 5999 6026 6034 6036 6028 6092 6091 6124 61.25 5651 5652 6068 6057 6096 5972 907 2209 9297 9393 || 3 3 8 5 2 9 8 1. 612 4544 6.192 61.65 9033 5695 56.96 5697 5542 5698 5700 5702 5704 56.67 7547 7394 5695 4758 47.59 84.46 8458 863 772 9348 3521 8951 4595 4596 4597 4598 4473 (6) 3439 4894 7186 3268 3269 6426 5766 Mch. Mch. 1ssol Date of Act. 1881 Eleb. 23 IFeb. 23 Feb. 23 Eeb. 26 Feb. 26 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch: Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1882 MCh. 17 Mch. 17 Mch. 22 Mch. 22 Mſch, 22 MCh. 22 Mch. 22 Apr. 5 Apr. 25 Apr. 25 Apr. 25 Apr. 26 Apr. 26 May 17 May 26 June 22 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 July 1 Stat. at Large. Sec. Sec. Sec. Vol. Page." R.S. Comp.st. Chap. 73 2 21 338 73 2 21 338 73 2 21 338 80 .2 21 350 82 — 21 352 95 — 21 374 96 1 21 374 96 1 21 374 96, 1 21 375 107 1 21 377 107. 2 21 377 111 — 21 379 130 1 21 388 130 1 21 412 133 1 21 435 133 1 21 .454 133 1 21 454 133 2 21 457 134 1 21 50 140. — 21 505 144 1 21 507 144 2 21 507 J.44 7 21 507 150 — 21 510 153 — 21 511 41 1 22 29 41 2 22 30 47 1 22 30 47 3 - 22 31 47 4 22 31 47 5 22: 31 47 8 22 31 67 — 22 40 87 1 22 47 87. 3 22 47 89 — 22 49 106 1 22 49 106 2 22 49 112 — 22 52 116 1 - 22 53 116 1, 22 54 117 1 22 55 117 2 22 56 117 3 22 56 117, 4 22 56 117 5 22 57 117 6 22 57 117 7 22 57 117 8 22 57 117 9 22 57 117 10 22. 58 126 1 22 58 126 2 22 59 126 3 , 22 59 126 6 22 60 126 7 22 60 126 8, 22 60 126'. 9 22. 60 126 10 22 61 126 11 22 61 126 12 22 61 126 13 22 61 126 14 22, 61 126 15, 22 61 126 16 — — 163 1 22 70 163 1 22 86 163. 1 22 87 163 6 22 88 163 6 22 88 163. 7 22 88 190 — 22 97 236 — 22, 108 254 1 22 118 254 1 22 118 254 1 22 118 254 1 22 118 254 1 - 22 119 254 1 22 121 254 3° 22 122 255 — 22 123 258 1 22 126 : : : ; 34- º 5 2 2 0 2575 2580 2581 9265 9775 6470 576 .7424 7499 7763 7764 8475 3377 607. 8476 984 1236 68.23 9400 4.625 1069 1034 1356 2679 4552 7211 7212 104.86 104.87 10488 1265 3450 8220 1345 1346 5769 4624 4617 99.11 7455 7213 8477 851.7 85.18 8522 8528 8534 8542 8543 8546 8523 A290 4291 4292 4.293 4294 4295 4296 4297 4298 4.299 4300 4359 4301 4302 3982 4024 3998 4004 4030 717 6464 479 2047. 2062 2101 2f 21 2120 92.09 2183 2276 3394 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1882 July 1 July 1 July 1 July 1 July 1 July July July July July July July July July July July July July July July July July July July July July July July July July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. - [Page 18811 Stat. at Large. f Chap. 258 258 258 258 258 258 258 258 258 258 262 290 290 290 290 290 290 290 290 290 290 290 290 512 349 349 349 349 360 363 373 374 374. 374 374 374 374 374 374 374 374 374 374 374 374 378 378 378 378 378 379 389 389 389 389 389 3.89 389 389 389 3.89 390 391 391 391 391 391. 391 391 391 391 391. 391 395 398 398 398 399 433 433 433 433 433 Sec. i-- : : -1 Vol. Sec. Sec. Page." R.S. Comp. St. 126 126 126 127 127 127 127 127 127 127 133 162 162 163 163 163 163 164 164 164 165 166 166 172 175 175 175 176 179 181 185 186 186 187 188 188 188 189 189 189 190 190 191 191 191 215 215 215 216 216 216 228 229 236 238 241 243 254 255 256 256 270 285 285 285 285 286 286 286 286 289 296 296 299 300 300 301 301 302 305 306 310 312 s 4 1. 5 3 4 s 4 4 2 9 33.95 3396 3397 3398 3.399 3400 3401 3402 3403 3404 6697 9665 9666 9667 96.68 9669 9670 9671 9708 9709 6566 9771 96.72 1351 9073 90.75 9100 9021 4130 4163 7235 7.997 7999 8000 8001 8002 8003 8004 8005 8006 8011 8012 8013 8014 8015 101.12 101.13 10114 101.15 101.16 7426 608 365 3476 313 6931 3338 1202 249 6689 6805 62 2491 2522 2718 2740 2523 2651 2626 2844 2803 2785 2786 3081 7730 7735 7772 31.18 6658 6906 6661 8.192 6493 Mch. Date of Act. 1882 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 1883 Jan. 9 Jan. 9 Jan. 9 Jan. 9 Jan. 13 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Jan. 16 Feb. 28 MCh. MCh. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IV[Ch. Mch. Mch. Mch. |M.Ch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. M C h. 3 Stat. at Large. Chap. Sec. Vol. 433 1 22 322 433 1 22 324 433 1 22 327 433 1 22 330 433 1 22 330 433 1 22 330 433 1 22 336 433 1 22 337 438 1 22 345 438 2 22 345 441 — 22 346 468 — 22 372 469 – 22 373 15 1 22 401 15 2 22 401 16 — 22 401 17 — 22 402 24 — 22 402 27 1 22 403 27 2 22 403 27 3 22 404 27 4 22 405 27 5 22 405 27 6 22 405 27 7 22 406 27 8 22 406 27 9 22 406 27 10 22 406 27 11 22 406 27 12 22 407 27 13 22 407 27 14 22 407 27 15 22: 407 58 2 22 432’ 91 — 22 453 93 1 22 456 93 1 22 456 93 1 22 457 93 1 22 457 97 1 22 472 97 1 22 473 97 1 22 475 97 2 22 481 101 2 22 484 102 — 22 484 116 2 22 485 116 4 22 486 116 5 22 486 116 6 22 486 116 7 22 486 118 — 22 487 120 — 22 487 121. 4 22 489 121 5 22 489 123 2 22 527 123 3 22 527 123 4 22 528 123 5 22 528 128 1 22 552 128 1 22 553 128 2 22 563 130 1 22 564 130 2 22 564 130 3 22 564 130 4 22 564 130 5 22 565 130 6 22 565 130 7 22 565 130 8 22 565 130 9 22 565 130 10 22 565 133 1 22 566 134 — 22 567 141 1 22 590 141 2 22 592 141 5 22 599 142 1 22. 600 142 2 22 602 142 3 22 602 142 4 22 602 143 — 22 605 143 — 22 615 ~ Sec. Page. R.S. Co i 4 7 4 5 1. 3 : : Sec. Imp. St. 9266 2584 4815 9304 93.21 93.31 3258 116. 8977 8989 8152 6.192 9096 6393 6394 6169 5320 6.192 3271 3272 3274 3275 3276 3.277 3278 3280 - 3281 3282 . 10288 10289 10290 10291 10292 9077 8959 2128 2194 1928 2048 24.72 2616. 2780 2606 4478 8870 1139 1175 1176 1177 1,178 4655 6843 6174 6172 7557 7558 7559 7560 6682 3328 7374 9236 923.7 9234 92.28 9231 9232 92.18 9.222 92.24 92.15 7804 3449 4072 121 2787 7217 7.218 7219 7220 6901 3317 CHRONOLOGICAL TABLE OF LAWS Date of 1883 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. 1884. Mch. 1 Apr. 18 May 13 May 13 May 13 May 16 May 16 May 16 May 16 May 16 May 16 May 17 May 29 May 29 May 29 May 29 May 29 - May 29 May 29 May 29 May 29 May 29 June 9 June 20 June 20 Julie 26 Julle 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June 26 June June June July July July July July July July July July July July July July July July July July July 5 July 5 : : Stat. at Large. fT s — Sec. Chap. Sec. Vol. Page. B.S. 143 – 22 616 tº- 143 — 22 621 - 143 — 22 625 mº 143 — 22 625 tº 143 — 22 626 smºº 143 – 22 627 tºmº 143 — 22 629 ſºmº 143 — 22 631 tºº 143 — 22 631 gº 143 — 22 632 tºmº 26 — 23 11 - 44 — 23 21 ſº 46. 2 23 22 º 46 3 23 22 tººl 52 1 23 22 mºs 52 2 23 23 *g 52 3 23 23 tº-º-º: 52 4 23 23 — 52 5 23 23 mº 52 6 23 23 tºº 53 8 23 26 * = . 60 1 23 31 gº º 'º 60 2 23 31 gº 60 3 23 32 tº 60 4 23 32 tº º ºx- 60 5 23 32 imº 60 6 23 32 * 60 7 23 32 tºº. 60 8 23 33 tº- 60 9 23 33 E-i 60 11 23 33 tº º 73 — 23 40 L. -- 103 — 23 48 imº 103. — 23 48 sº 121 1 23 53 4131 121. 2 23 54, 4580 121 3 23 54 4583 121 4 23 54 4561 121 5 23 54 4582 121 6 23 55 4600 121 7 23 55 4581 121 9 23 55 4578 121 10 23 55 sº- 121 11 23 56 mºmº 121 12 23 56 *sº 121 13 23 56 42.13 121 14 23 57 42.19 121 16 23 57 tº-º 121 18 23 57 tºº 121 19 23 58 sessmsº 121 20 23 58 smºgº 121 21 23 58 wº 121 23 23 58 tºmºsºs 121 24 23 58 2966 121 25 23 59 2872 121 26 23 59 * 121 27 23 59 4501 121 28 23 59 *sº 121 29 23 59 2776 122 2 23 60 º: 123 — 23 60 tº 126 — 23 60 tºmº, 142 — 23 63 sº 142 — 23 63 mºs 180 1 23 94 *º- 180 1 23 94 tºmº, 180 1 23 96 * 180 8 23 97 *º 180 9 23 98 — 180 10 23 98 *=º 181 2 23 99 *º- 181 3 23 99 4785 181 4 23 99 4786 181 5 23 101 *º 181 6 23 101 * - 214 1 23 103 tº ſº 214 2 23 103 *sº 214 3 23 103 tº y 214 5 23 104 * - 214 6 23 104 • * 217 — 23 108 ſº IPage Sec. Comp. St. 6607 3381 9358 9441 5202 5190 10578 1199 1411 39 7457 101.96 10569 3216 3217 10326 10327 10328 10329 1033() 10331 50.94 850 8690 8691 8692 8693 86.94 8695 86.96 8697 838 7361 5695 5702 7707 83.71 8374 8350 8373 8382 8372 8369 8323 8362 3176 7803 7812 5669 8028 8301 8309 77.59 7.469 5653. 5563 10136 8287 8221 54.72 2473 156 7243 5698 5700 4121 4138 4612 4091 4164 4071 91.16 9112 9115 684 91.17 5003 5004 5005 5006 4920 1958 1882I Date of Stat. at Large. S S 3, 58. O —N Sec. €C. Act. Ghap. Sec. Vol. Page. R.S. Comp. St. 1884 July 5 217 — 23 108 1225 2283 July 5 217 — 23 109 *º 1787 July 5 217 — 23 109 ſº 6846 July 5 217 — 23 109 sº-º 6847 July 5 217 — 23 109 gº- 6848 July 5 217 — 23 110 Eº 6849 July 5 217 — 23 111 gº 1792 July 5 217 — 23 111 sº 1815 July 5 217 — 23 112 *sº 1838 July 5 217 — 23 113 tº- 6619 July 5 220 — 23 115 sº-º-º- 4290 July 5 220 — 23 115 gººgº 4291 July 5 220 — 23 115 sº 4292 July 5 220 — 23 115 ſº 4297 July 5 220 — 23 116 , amºus 4.293 July 5 220 — 23 117 fºL 4295 July 5 220 — 23 117 Eºs t 4298 July 5 220 — 23 117 tºº Ž99 July 5 220 — 23 118 ſº 4300 July 5 220 — 23 118 sº 4301 July 5 220 — 23 118 *=º 4302 July 5 221 1 - 23 118 wº 890 July 5 221 2 23 118 , - 891. July 5 221 3 23 119 º 892 July 5 221 4 23 119 tº-ºººº- 893 July 5 221 5 23 119 eamº 894 July 5 221 6 23 119 *-*. S95 July 5 224 - 23 121 1342 2308a (8) July 5. 225 1 23 122 t=º 1711 July 5 228 1 23 132 4381 8136 July 5 228 2 23 132 4382 8137 July 5 228 3 23 132 4382 8137 July 5 229 4 23 147 *gs 9860 July 5 229 8 23 148 sºmº 99.69 July 5 234 1 23 156 gºsº 7214 July 5 234 1 23 156 tºº 7500 July 5 234 3 23 158 sº- 7371 July 5 234. " 3 23 158 tºº 10397 July 5 235 2 23 159 ſºmº 3091 July 5 235 3 23 159 ſºmº 3099 July 7 331 1 23 172 tº- 5857 July. 7 332 — 23 198 ſº 8.429 July 7 332 — 23 199 — 8459%b (47) July 7 332 — 23 204 tºmº 6841 . July 7 332 — 23 212 &ºm= 773 July 7 332 — 23 213 lºgº 9303 July 7 332 — 23 214 ºmº 10572 July 7 334 1 23 254 tº- 398 July 7 334 1 23 254 gºsº 6733 July 7 334 3 23 258 tº-º-º: 385 1885 Jan. 30 43 1 23 291 tºº 2879 Jan. 30 43 3 23 295 *º- 649 Feb. 11 55 — 23 298 4434 8197 Feb. 14 67 — 23 305 gº-º- 2082 Feb. 16 123 — 23 - 306 3646 6645 Feb. 25 149 1 23 321 º 4997 Feb. 25 149 2 . 23 321 ſºmeº 991 (21) Feb. 25 149 2 23 321 tºmºe 4998 Feb. 25 149 3 23 322 º 4999 Feb. 25 149 4 23 322 tºmº 5000 Feb. 25 149 5 .23 322 tº J 5001 Feb. 25 149 6 23 322 smº 5002 Feb. 25 150 — 23 324 º 864 Feb. 25 150 — 23 329 tºº 3.144 Feb. 26 164 2 23 332 iº- 4245 Mch. 3 335 1 23 350 gº *6403 Mch. 3 335 2 — mºsº - *6403 (1) Mſ.Ch. 3 335 3 — sº - *6403 (2) Mſ.Ch. 3 335 4 — gº; — 4.6403 (3) MCh. 3 3.35 5 — tº-º-º: – “6403(4) Mch. 3 338 2 23 356 tºº 797 Mch. 3 338 2 23 356 gº 837 Mch. 3 339 — 23 359 tºº 2159 Mch. 3 340 — 23 362 gº 8943 Mch. 3 341 9 23 385 tºmº 10502 Mch. 3 342 1 23 385 * 7250 Mch. 3 342 1 23 386 tºmº 7258 Mch. 8 342 1 23 386 &=º 73.54 Mch. 3 342 1 23 386 tºmº 7431 Mch. 3 342 1 23 387 cºmmºn 7358 MCh. 3 342 3 23 387 gºssº 7284 | Mch. 3 342 5 23 388 *sº 72.85 Mch. 3 342 6 23 388 tºmsº 7286 Mch. 3 343 1 23 404 gººmsº #5872 MCh. 3 343 1 23 404 *…* 58.78 Mch. 3 344 1 23 432 ſº 2940 *Appendix. CEIRONOLOGICAL TABLE OF LAWS Date of Act. 1885 Mch. MCh. Mch. Mch. IMch. MCh. Mch. 1886 Jari. 19 Jan. 19 Mch. 19 IMCh. 19 Mch. 29 IMCh. 29 Mch. 29 MCh. 31 Apr. 29 May 1 May 1 May 1 May 1 May 6 May 17 May 20 May 20 May 20 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 19 June 29 June 29 June 29 June 29 June 29 July 2 July 9 July 9 July 9 July 9 July 10 July 10 July 10 July July July July July July July July July 30 July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. : : : º : : [Page 1883] Stat. at Large. /– Y Chap. Sec. Vol. Page. 355 — 23 443 360 — 23 478 360 — 23 494 360 — 23 497 360 — 23 499 360 — 23 510 360 — 23 512 4 1 24 1. 4 2 24 1 22 1 24 5 22 2 24 6 28 1 24 8 28 2 24 8 28 3 24 8 41 . — 24 9 64 — 24 15 73 1 24 18 73 2 24 18 73 3 24 19 73 4 24 19 88 — 24 22 338 — 24 50 362 1 24 69 362 2 24 69 362 3 24 69 421 1 24 79 421 2 . 24 80 421 3 24 80 421 4 24 80 421 5 24 81 421 6 24 81 421 7 24 81 421 8 24 81 421 9 24 81 421 11 24 81 421 13 24 82 421 14 24 82 421 15 24 82 421 I7 24 82 421 18 24 83 424 — 24 84 567 1 24 86 567 2 24 86 567 3 24 86 567 4 24 86 567 5 24 86 611 – 24 122 755 1 24 129 755 2 24 129 755 3 24 129 756 2 24 129 764 1 24 143 764 2 24 143 764 3 24 f43 764 4 24 143 781 1 24 151 781 2 24 157 818 1 24 170 818 2 24 171 818 3 24 171 818 4 24 171 818 5 24 171 818 6 24 171 818 7 24 171 840 1 24 209 840 2 24 209 840 3 24 209 840 4 24 209 840 5 24 210 840 6 24 210 840 7 24 210 840 8 24 210 840 9 24 211 840 10 24 211 840 11 24 211 840 12 24 211 840 13 24 211 840 14 24 212 840 15 24 212 840 16 24 212 840 17 24 212 840 18 24 212 #. S 3 ---: wº - © : Sec. Comp. St. 31.10 903 668 4810 9271 113 219 Date of Act. | H 886 1222. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Dec. 20 Dec. 23 Dec. 23 1887 Jan. 3 Jan. 3 Jan. 3 Jan. 29 Jan. 29 Jan. 29 Jan. 29 Jan. 29 Jan. 29 Jan. 29 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Teb. Feb. Feb. Feb. |Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Stat. at Large. Sec. Sec. Page." R.S. Comp. St. 2–- Chap. Sec. Vol. 840 19 24 . 212 840 20 24 212 842 — 24 213 849 2 24 215 896 1 24 218 899 — 24 220 901 1 24 220 901 2 24 221 901 3 24 221 901 3 24 221 901 4 24 221 902 1 24 227 902 1 24 255 903 1 24 268 928 1 24 308 928 7 24 309 928 7 24 309 928 9 24 310 929 2 24 329 929 8 24 335 2 — 24 351 9 — 24 353 9 – 24 353 12 — 24 354 13 2 24 355 14 1 24 355 70 1 24 371 70 2 24 371 70 3 24 371 70 4 24 372 70 5 24 372 70 6 24 372 72 1 24 372 90 1 24 373 90 . 2 24 373 90 3 24 373 90 4 24 373 90 5 24 374 90 6 24 375 90 7 24 375 104 1 24 379 104 2 24 379 104 3 24 380 104 4 24 380 104 5 24 380 104 6 24 380 104 7 24 382 104 8 24 382 104 9 24 382 104 10 24, 382 104 11 24 383 104 12 24 383 104 13 24 383 104 14 24 384 104 15 24 384 104 16 24 384 104 16a, – - 104 17 24 385 104 18 24 386 104 19 24 386 104 19a, – - 104 20 24 386 104 20 24 386 104 20 24 386 104 21 24, 387 104 22 24 387 104 24 — - 105 1 24 387 105 2 24 388 119 1 24 388 119 2 24 388 119 3 24 389 119 4 24 389 119 5 24 389 119 6 24 390 119 6 24 390 119 7 24 390 119 8 24 391 119 9 24 391 119 10 24 391 119 11 24 391 123 — 24 392 : ; ; 1 8 8 9 220 8.980 8.981 98.28 98.29 98.30 476 6140 96.80 9662 9663 9664 4587 1914 93.79 9380 9381 8138 8292 8323 8027 7730 7757 81.25 8096 8126 7812 83.63 8173 5670 7829 8369 8479 890S 8909 8910 8911 8912 10397 8235 8236 8261 9248 4883 4.884 4.885 4886 3092 6806 3479 3481 3482 3483 3478 34.86 3487 6215 6216 5977 5967 6217 6.218 62.19 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 *Appendix. 4 4 1. 4 6231 6232 968 2779 61.94 8960 7287 7288 7.289 10376 7290 514 6675 2757 1057 1041 1342 1512 9914 98.72 2091. 9088 9089 * 81.68 10388 7272 90.36 9037 9038 9039 9040 9041 2016 203 204 205 215 216 217 218 85.63 8564 85.65 8566 8567 8569 85.71 8572 8573 8574 8575 8576 8581 8582 8583 8584 8585 8586 8587 8590 8591 8592 8604a, . 8604aa, 8594 8595 8596 9476 9477 4195 4196 41.97 41.98 420.1 3951 4203 4204 4206 4208 4209 4210 5702 CHRONOLOGICAL TABLE OF LAWS Mch. Date of Act. i837 Feb. Feb. Feb. Feb. Feb. I5'eb. Feb. Feb. . Feb. Feb. Feb. Mch. IMch. IMCh. IMCh. Mch. Mch. Mſch. IMIch. Mch. Mch. Mch. Mch. Mich. IMch. IMIch. IMſch. Mch. Mch. Mch. Mch. IMICh. Mſch. Mch. Mch. Mſch. IMCh. IMCh. Mch. IMIch. Mich. Mch. Mch. Mch. |M.Ch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mich. Mſch. IMIch. IMCh. MCh. IMCh. Mch. Mch. Mich. Mſch. Mch. Mch. Mch. Mſch. Mch. Mch. Mich. Mich. Mch. Mich. Mch. MCh. Mch. Mch. Mch. Mch. MCh. Mch. Mch. IPage 1884] Stat. at Large. /* - Y Chap. Sec. Vol. Page. 129 3 24 402 210 1 24 409 210 2 24 409 210 3 24 409 213 1 24 411 213 2 24 411 215 — 24 411 218 — 24 414 221 — 24 415 271 . 4 24 425 288 2 24 435 314 1 24 440 314 2 24 440 314 3 24 441 314 4 24 441 314 5 24 441 314 6 24 441 314 7 24 441 314 8 24 441 314 9 24 442 314 10 24 442 3.18 — 24 445 320 1 24 465 339 — 24 475 340 1 24 476 340 2 24 477 340 4 24 477 345 4 24 491 345 5 24 492 346 — 24 492 359 1 24 505 359 1 24 505 359 1 24 505 359 3 24 505 359 4 24 506 359 5 24 506 359 6 24 506 359 7 24 506 359 8 24 506 359 8 24 506 359 9 24 507 359 10 24 507 359 12 24 507 359 13 24 507 359 14 24 507 359 15 24 508 359 17 24 507 362 — 24 512 362 — 24 512 362 — 24 512 362 — 24 515 362 – 24 523 362 – 24 526 362 – 24 527 362. — 24. 539 • 362 — 24 541 373 1 24 552 373 1 24 552 373 1 24 552 373 1 24 552 373 1 24 552 373 1 24 552 373 2 24 554 373 3 24 554 373 6 24 555 373 7 24 555 376 1 24 556 376 2 24 556 376 3 24 557 376 4 24 557 376 5 24 557 376 7 24 558 378 1 24 559 378 2 24 560 378 3 24 560 388 1 24 569 392 1 24 596 397 1 24 635 397 2 24 635 397 3 24 635 397 4 24 635 397 5 24 636 i 3 05 g 4 3 2 1 1 7506 991 (20) 1136(1) 1136 (2) 1171 1574 1575 1576 1577 1171 1177 1172 1578 1139 1139 1142 1143 1174 6695 6919 6925 6.456 908 4479 6713 9272 1388 991(1) 991(2) 1010 1011 1012 1033 104.7 1048 1019 1049 4895 4896 4897 4898 4899 4900 9749 9750 6543 7277 107 1466 1493 10489 10490 10491. Date of Act. 1887 Mch. MCh. 3 3 1888 Jan. Jan. Jan. | Feb. Feb. Feb. Feb. Feb. Eeb. Feb. Feb. Feb. Feb. Feb. Feb. E’eb. Feb. Feb. Feb. Mich. Mch. Mch. Apr. Apr. Apr. Apr. Apr. May May May May May June June June June June June June June June June June June June June June June June June July July July July July July July July July July July July July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 20 20 20 1 18 29 29 29 29 29 29 29 29 29 29 29 29 29 29 9 23 :: :i.30 i ; 13 13 13 18 18 18 18 18 Stat. at Large. Sec. Sec. Ghap. sec. vol. Page." R.S. Comp.st. 394 394 394 496 496 496 496 496 595 595 595 595 595 595 595 595 615 615 6.79 692 702 727 728 728 729 729 772 772 772 772 772 772 772. 786 787 787 792 9 10 24 24 636 636 i 258 262 336 339 345 355 357 357 357 357 382 383 383 383 384 384 385 387 387 387 390 4 2 1 9 10492. 10492. 901 7332 10391 3970 9427 10087 10088 10089 10090 100.91 10092 100.93 10094 100.95 100.96 100.97 100.98 100.99 7507 3501 7625 7012 711 7812 8138 837.2 9878 2279 7211 7212 99.47 9948 10217 8998 8888 946 947 948 951 953 3167 3.169 103.93 10382 10388 9933 9934 9935 9937 9938 9414 94.15 9416 94.17 9418 9419 94.25 94.26 3378 144 3480 5335 7259 91.75 6909 6910 1606 1607 10080 10081 100.82 10083 10084 10085 10086 3252 3.291 3292 1353 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1888 Aug. 9 Aug. 9 Aug. 9 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Sept. 7 Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. . Sept. Sept. Sept. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. 19 Oct. 19 Oct. 19 1889 Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. 26 ; : 4 ; IPage 1885] Stat. at Large. Chap. Sec. Vol. Page." 818 1 25 392 818 2 25 392 818 3 25 392 860 1 25 417 860 1 25 419 860 2 25 423 860 3 25 423 860 4 25 424 860 6 25 424 860 7 25 424 860 8 25 424 860 11 25 425 866 1 25 433 866 1 25 433 866 1 25 433 866 1 25 433 866 1 25 434 866 1 25 435 866 3 25 436 866 3 25 436 866 6 25 436 866 7 25 437 868 2 25 437 886 1 25 433 890 1 25 442 890 2 25 442 890 3 25 442 890 4 25 443 890 5 25 443 913 — 25 449 914 1 25 450 991 — 25 459 1015 5 25 477 1015 6 25 477 1015 7 25 477 1015 8 25 478 1015 9 25 478 1015 10 25 478 1015 11 25 478 1015 13 25 479 1015 14 25 479 1028 1. 25 489 .1028 6 25 490 1037 — 25 491 1039 1 25 496 1039 2 25 496 1060 — 25 500 1064 1 25 504 1064 2 25 504 1064 3 25 504 1069 — 25 511 1069 — 25 525 1069 — 25 526 1069 – 25 529 1069 — 25 530 1069 — 25 543 1069 – 25 546 1092 — 25 552 1098 — 25 557 1113 — 25 557 1194 —r 25 560 1195 — 25 560 1197 — 25 564 1210 1 25 566 1210 1 25 587 1210 3 25 600 1214 2 25 612 1216 1 25 613 1216 2 25 613 19 1 25 639 19 2 25 639 50 — 25 650 100 1 25 654 113 6 25 656 115 – 25 657 116 — 25 657 119 1 25 657 119 2 25 658 119 3 25 658 120 — 25 658 122 1 25 659 122 2 25 659 12 44 s 1 4 1 4 0 "MCh. Date of Act. 1889 Feb. 9 Feb. 9 Feb. Feb. Feb. 12 Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. MCh. Mch. MCh. MCh. Mch. Mch. Mch. Mch. MCh. Mſch. Mch. Mch. Mch. MCh. Mch. Mch. MCh. Mºſch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. MEch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mſch. Mich. Mch. Mch. MCh. MCh. Mſch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. 1890 Feb. 7 Feb. Feb. Feb. Feb. MCh. 4 MCh. 5 Mch. Mch. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. 11. Stat. at Large. r —y Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 122 3 25 659 sº 791 122 4 25 659 º 79.2 132 — 25 659 º 8957 135 — 25 661 tºº 1203 135 — 25 661 º 1205 171 — 25 672 smºº 282 172 — 25 673 amºsº 4122 180 21 25 682 ºs- 1078 180 21 25 682 º 1358 208 — 25 691 * 8483 309 — 25 750 º 5342 323 — 25 470 smºº 8484 328 49 25 779 º 3247 331 — 25 781 sº 2583 358 — 25 790 *sº 5346 371 1 25 817 sºmsº 626 372 — 25 831 amsº 2182 373 — 25 840 *mº 8880 374 1 25 841 Eºmº 7231 374 1 25 844 *sº 7.283 381 1 25 854 ºsmº 4760 381 3 25 854 mºsºs 4554 381 4 25 854 ammº 4761 381 6 25 854 smº 4560 381 7 25 855 ºsmº 4540 381 8 25 855 * 4762 382 1 25 855 º 8569 382 2 25 857 mºsº 8574 382 3 25 858 sº 8576 382 4 25 859 tºº 8582 382 5 25 859 º 8584 382 6 25 861 -º-º-º: 8586 382 7 25 861 sºmsº 8587 382 8 25 862 *º 8594 382 9 25 862 t-sº- 8595 382 10 25 862 sºmsº 8593 390 1 25 869 mº 2298 390 2 25 869 *º 2300 390 3 25 870 tºmº 2301 390 4 25 870 smºssº 2302 390 5 25 870 tº gº 2303 390 6 25 870 tºº 2304 390 7 25 870 smº 2305 390 8 25 870 amº 2306 390 9 25 871 sºmeº 2307 393 1 25 873 tºmsºmº 10385 393 2 25 873 *4 10386 393 3 25 873 sºmº 7341 393 4 25 874 *sº 7342 393 5 25 874 * 7343 396 2 25 879 tºº 2731 410 1 25 907 *º 6693 411 1 25 941 mºmº 6904 411 1 25 941 sºmº 6907 411 1 25 941 - 6917 411 1 25 945 *º 6550 411 1 25 954 sºmsº 8589 411 1 25 960 sºngs 776 411 1 25 962 smºs 93.49 412 10 25 1003 sºsº 4167 412 11 25 1004 *º 34.72 418 1 25 1012 4488 8258 422 1 25 1013 *º- 4207 8 — 26 6 mºs 620 20 1 26 13 ſºmeºs 1929 20 2 26 13 assº 1930 20 3 26 14 *º 1931 21 — 26 14 * 1093 25 — 26 16 me 8952 26 — 26 17 *sº 312 51 1 26 31 *º 91.76 51 2 26 31 sºmeº 917.7 51 3 26 31 mºmº 91.78 63 — 26 40 tºmº 734 73 1 26 50 tºº 1530 73 1 26 50 $ºmsº 7109 73 2 26 50 tººs 7110 73 3 26 50 tºmº 1531 73 3 26 50 tºº 7111 77 1 26 53 - 4437 77 2 26 53 &ºmº 4442 78 - 26 54 1342 2308a.(39) CHRONOLOGICAL TABLE OF LAWS Date of Act. 1890 Apr. 14 Apr. 16 Apr. 26 Apr. 30 Apr. 30 May 2 May 2 May 2 May 2 May 2 May 2 May 2 May 14 May 14 May 14 May 14 May 14 May 14 May 14 May 24 May 26 June 10 June 10 June 13 June 13 June 16 June 16 June 18 June 18 June 20 June 25 June 27 June 27 June 27 June 27 June 30 June June July July July July July July July July July July July July July July July July July July 11 July 11 July 11 July 11 July 11 July 14 July 14 July 14 July 14 July 14 July 14 July 14 July 26 Aug. 6 Aug. 8 Aug. 18 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 Aug. 19 º } º i i [Page 1886.I Stat. at Large. r S Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 80 — 26 55 º 325 85 — 26 56 gº 577 161 — 26 67 -º: 1086 173 2 26 78 Eºmº 10588 173 3 26 78 *g 10589 182 18 26 90 --- 5020 182 20 26 91 tººl 5021 182 21 26 91 — 5022 182 22 26 91 --> 5023 182 23 26 92 t- 5024 182 24 26 92 -º-º: 5025 182 27 26 93 tºº 5026 207 1 26 109 -º-º: 5029 207 2 26 109 - tº 5030 207 3 26 109 --- 5031 207 4 26 109 º-º 5032 207 5 26 109 ºmº 5033 207 6 26 110 -º 5034 207 7 26 110 -º 5035 292 – 26 120 - 7988 355 — 26 121 2294 4546 407 12 26 136 - 5593 407 30 26 142 tº s 519 423 — 26 152 wº- 1986 423 – 26 156 * 3058 426 3 26 158 *sº 2296 426 4 26 158 - 1893 431 – 26 161 3354 6161 432 * – 26 162 * 6152 437 – 26 167 --> 2272 616 – 26 180 --> 8154 634 1. 26 182 amº 8992 634 2 26 182 tº-mº 8937 634 3 26 182 tº-e 8982 634 4 26 183 tº-º-º: 8938 640 – 26 189 3718 6862 640 — 26 194 --> 2788 640 — 26 197 -º 67.59 646 — 26 209 - tº 9009 647 1 26 209 -*º 8820 647 2 26 209 - 8821 647 3 26 209 - 8822 647 4 26 209 - 8823 647 5 26 210 - 8827 647 6 26 210 -*º 8828 647 7 26 210 -º- 8829 647 . 8 26 210 -ºs 8830 656 16 26 2.17 -º 1063 656 16 26 2.17 - 1347 664 16 26 225 *s 1106 664 16 26 225 -º- 1374 664 17 26 225 --> 1106 664 18 26 225 - 1106 667 1 26 2.35 -e 3283 667 1 26 236 *º 351 667 1. 26 242 -- 89.01 667 1 26 254 wº-mº 611 667 1 26 257 º 691 667 1 26 265 tºº 518 667 2 26 268 - 6679 706 1 26 275 -ms 7680 707 — , 26 288 sº 819 708 1 26 289 *º 6474 708 2 26 289 ſº 6475 708 3 26 289 º 6476 708 4 26 289 -* 6477 708 6 26 289 *s 9754 721 — 26 292 4414 * 81.68 724 1 26 307 -sº 94.01 728 — 26 313 º 8738 797 1 26 316 tº- 6911 801 – 26 320 --- 82.93 * 802 1 26 320 º 7834 802 1 26 320 tº-tº- 78.35 802 1 26 321 wºmº 78.36 802 1(1) # 26 321 º 7837 802 1(2) # 26 321 *º 7838 802 1(3) # 26 321 *g 7839 802 1(4) # 26 322 --> 7840 802 1(5) f 26 322 tºº 7841 802 1(6) f 26 322 ſº-º 7842 802 1ſ") f 26 322 mºnºs 7843 * Number in parentheses refers Date of Act. 1890 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug." Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Alig. Aug. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. to the article of 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 28 28 29 29 29 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 4 4 4 19 19 19 19 19 19 19 19 19 19 25 25 25 26 26 26 27 27 27 29 29 Stat. at Large. Sec. Sec. ‘this section. Chap. Sec. VoI. Page." R.S. Comp. St. 802 1(8) # 26 323 W- 7844 802 1(9) f 26 323 - 7847 802 1(10) f 26 324 - 78.48 802 1(11) f 26 324 wº- 78.49 802 1(12) f 26 325 - 7850 802 1(13) # 26 325 ºn- 7851 802 1 (14) t 26 325 *- 7852 802 1(15) # 26 325 - 7853 802 1(16) t 26 326 - 7854 802 1 26 326 - 7855 802 1(17) f 26 326 *- 7856 802 1(18) f 26 326 - 7.857 802 1(19) # 26 327 *- 7858 802 1 (20) f 26 327 - 7859 802 1(21) f 26 327 - 7860 802 1(22) T 26 327 *- 7861 802 1(23) f 26 327 - 7862 802 1(24) f 26 327 tº-sº 7863 802 1(25) i 26 327 -> 7864 802 1(26) f 26 327 * 7865 802 1(27) f 26 327 - 7866 802 1(28) f 26 328 - 7867 802 1(29) f 26 328 - 78.68 802 1(30) f 26 328 * 7869 802 1(31) f 26 328 - 7870 802 2 26 328 -- 7871 812 1 26 362 - 5374 812 2 26 362 - 5.375 819 – 26 369 *- 4890 820 1 26 371. *- 3221 820 1 26 371 - 3222 837 1 26 374 --> 6696 837 1 26 382 *- 85.60 837 1 26 391 - 4558 837 1 26 391 tº- 4697 837 1 26 391 *- 4933 837 1 26 392 - 9354 837 1 26 393 - 9350 837 1 26 399 * 6751 837 1 26 400 * 1957 837 1 26 400 - 2201. 837 2 26 412 - 6913 837 3 26 412 --> 6914 837 4 26 413 *g 66.17 839 1 26 414 t- 8683 839 4 26 415 - 8731 839 5, 26 415 -º-º: 5319 839 6 26 416 - 8684 839 7 26 416 - 8686 839 8 26 416 - 8687 839 9 26 416 - 8688 839 10 26 417 mº 8689 841 1 26 417 - 8871 841 2 26 418 mº 8872 841 3 26 418 - 8873 841 4 26 419 - 8874 841 5 26 419 -: 8875 841 6 26 419 * 8876 874 — 26 424 * 10445 875 1 26 425 -- 7979, 875 2 26 425 *- 7980 907 1 26 447 - 99.87 907 2 26 452 º-ºº! 98.84 907 10 26 454 -: 99.10a, 907 11 26 455 *d 99.23 907 13 26 455 tº- 9898 907 15 26 456 - 2130 907 15 26 456 - 9876 908 1 26 465 - 10383 908 o 2 26 466 3929 7411 908 3 26 466 4041 7573 917 2 26 470 3004 5689 926 1 26 478 wº- 5207 926 2 26 478 *- 5208 944 – 26 484 3510 6447 945 1 26 485 - 6449 945 2 26 485 - 6450 998 — 26, 291 1342 2308a.(45) 1001 1 26 492 - 3359 1001 7 26 495 * 3360 1040 1 26 496 º 4.905 1040 2 26 496 wº- 4906 *Appendix. CEIRONOLOGICAL TABLE OF LAWS Date of Act. 1890 Sept. Sept. Sept. Sept. Sept. Sept. Sept. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Dec. Dec. 18 22 1891 Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. E'eb. Feb. Feb. Mch. Mch. 13 16 Stat. at Large. f S Sec. Chap. . . Sec. Vol. Page. R.S 1040 3 26 496 sº 1040 6 26 498 amºs 1121 – 26 502 * 1125 – 26 504 -- 1126 1 26 511 *mº 1126 1 26 511 ºmº 1126 1 26 537 *=º .1239 – 26 561 *º-s 1241 1 26 562 * 1241 2 26 562 º 1241 3 26 562 --> 1244 10 26 614 ºsmºs 1244 26 26 618 -* 1244 28 26 618 3381 1244 29 26 618 3383 1244 30 26 619 3368 1244 31 26 619 33.63 1244 32 26 619 3392 ... 1244 33 26 620 3357 1244 34 26 620 3389 1244 35 26 620 3387 1244 42 26 621 *s 1244 43 26 621 - 1244 45 26 622 tºmº 1244 46 26 623 º 1244 47 26 623 *s 1244 48 26 623 *º 1244 49 26 623 *sº 1244 53 26 624 -*sº 1256 1 26 645 mºsº 1256 2 26 645 -mº 1256 3 26 645 *mº 1256 4 26 645 ==ºs 1256 5 26 646 -sº 1256 6 26 646 ºmº 1256 7 26 646 º 1256 9 26 646 237 1260 – 26 648 -* 1262 – 26 650 2399 1263 1 26 650 -*ms 1263 2 26 651 -º-º: 1263 3 26 651 *s 1266 1 26 653 º 1266 2 26 653 — 1266 3 26 653 — 1266 4 26 653 *s 1266 7 26 654 º 1266 9 26 653 -sº 1269 2 26 657 -* 22 — 26 690 -sº 26 — 26 692 4.426 70 — 26 716 -* 74 — 26 718 -sº 113 — 26 733 180 122 1 26 737 1216 122 2 26 737 1285 127 1 26 742 -º-, 127 2 26 742 -ºe 127 3 26 742 - 127 4 26 742 º 127 5 26 743 -º 128 — 26 743 -ºs 130 – 26 746 4783 238 – 26 763 -sms 244 — 26 764 -* 250 1 26 765 41.78 250 2 26 765 º 252 1 26 766 tº-m 252 2 26 766 º 283 1 26 769 mºs 283 1 26 769 º 284 – 26 773 ºmºs 284 – 26 779 cº-sº 383 1 26 794 *smº 383 3 26 795 -º-º: 383 4 26 795 -º- 383 5 26 795 --> 384 – 26 796 2275 384 – 26 796 2.276 385 – 26 797 -º- 494 – 26 807 -º- 498 – 26 824 ſº º 1904 4496 5373 81.87 2286 9223 262 1942 2157 10339 10340 10341 10342 10343 8576 9111 2073 4907 7758 7760 9900 9901 3112 6861 1774 6752 4195 4218 4,199 4222 4860 4861 9233 6760 2300 [Page 1887I Date of Act. 1891 Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. MIch. Mch. MCh. Mch. Mch. Mch. Mch. Mſch. MIch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. MCh. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mſ.Ch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. MCh. Mch. Mſch. Mich. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MIch. Mch. Mch. Mch. Mch. Stat. at Large. r Chap. 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 517 519 519 519 519 519 519 519 519 519 521 521 529 529 529 529 529 529 529 529 529 533 533 533 533 533 533 533 538 540 540 541 541 541 541 541 541 541 542 542 542 543 543 544 548 548 548 551 555 555 555 555 555 655 559 561 561 561 561 561 561 561 Sec. :1.-- —y Sec. Vol. Page. R.S. Co 826 826 826 826 826 827 827 827 827 828 828 828 828 828 828 828 829 829 829 829 829 829 830 831 831 831. 832 832 832 832 832 833 833 839 839 839 839 839 840 840. 840 840. 842 843 843 844 844 844 844 854 868 872 914 923 934 939 944 945 948 948 979 984 1026 1043 1050 1082 1082 1083 1085 1090 1090 1090 1090 1090 1091 1093 1095 1096 1096 1096 1096 1097 1097 Sec. mp. St. 1108 1114 1116 1376 1409 1112 1118 1646 1215 1120 1216 1217 1218 1648 1121 1236 1119 1410 1670 1124 1647 1651 7530 7531 7532 7533 7534 7535 7536 7537 7538 8655 8656 10552 10553 10554 10555 10556 10557 10558 105.59 10560 5252 5253 5254 5255 5256 5257 5258 1173 3335 2065 114 91.37 621 757 569 523 6464 8485 9124 92.73 5027 5028 6069 9026 91.18 90.76 954 8709 8710 87.11 8712 87.13 87.14 4992 5116 4677 4678 46.79 4680 4535 4530 CHRONOLOGICAL TAPLE OF LAWS Date of Act. 1891 Mch. MCh. Mch. IMIch. Mch. Mſch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MIch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mich. Mch. Mch. MCh. Mich. Mch. Mich. Mch. Mch. Mch. July 13 July 16 July 16 IPage 18ssi Stat. at Large. Sec. Sec. Sec. vol. Page." R.S. Comp.st. Chap. 561 5 26 1097 561 6 26 1098 561 7 26 1098 561 8 26 1099 561 8 26 1099 561 9 26 1099 561 10 26 1099 561 11 26 1099 561 12 26 1100 561 13 26 1100 561 14 26 1100 561 15 26 1101 561 16 26 1101 561 17 26 1101 561 17 26 1101 561 18 26 1101 561 19 26 1102 561 20 26 1102 561 21 26 1102 561 24 26 1103 562 — 26 1103 564 1 26 1104 564 2 26 1104 564 3 26 1104 564 4 26 1105 564 5 26 1105 564 6 26 1105 564 7 26 1105 564 8 26 1105 564 9 26 1105 564 10 26 1105 564 11 26 1105 564 12 26 1105 564 13 26 1106 564 14 26 1106 564 15 26 1106 564 16 26 1106 564 17 26 1106 564 18 26 1106 564 , 19 26 1106 568 — 26 1418 14 – 27 7 25 — 27 12 40 — 27 15 60 1 27 25 60 2 27 25 60 3 27 25 60 4 27 25 60 5 27 25 60 6 27 25 60 7 27 26 60 8 27 26 60 9 27 26 62 — 27 27 63 1 27 27 63 2 27 27 63 3 27 28 63 4 27 28 86 1 27 41 86 2 27 41 133 — 27 59 137 — 27 61 145 — 27 72 154 — 27 87 158 5 27 111 161 — 27 119 164 1 27 143 165 5 27 148 169 — 27 149 195 — 27 177 195 — 27 178 195 — 27 178 195 – 27 178 196 1 27 194 196 1 27 197 196 1 27 199 196 1 27 200 196 1 27 200 196 1 27 200 196 1 27 200 196 1 27 222 206 - 27 243 4 7 8 7 4531 4589 5113 4992 5114 475.3 5018 5079 5080 5081 5082 50.96a, 4799 4559 4698 4934 4935 4936 4937 5121 9120 3502 3503 3504 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 9045 1476 1942 9.245 4315 4316 4317 4318 4319 4320 4321 4322 4323 336 7710 7711 7712 7713 5504 5573 4909 5702 1063 511 9890 9005 4173 7479 895.3 3240 1987 2174 2179 450 881 6683 5996 6037 6102 6104 1115 623 Date of Act. 1892 July 19 July 19 July 19 July 20 July 20 July 20 July 20 July 20 July 22 July 23 July 23 July 23 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 26 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 27 July 28 July 28 July 28 July 28 July 29 July 30 July 30 July July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 1893 Jan. 5 Jan. 23 Jan. 27 Jan. 31 Feb. 3 Feb. 6 Feb. 6 Feb. 9 Feb. 9 B'eb. 11 Feb. 13. Feb. 13 Feb. 13 Feb. 13 Feb. 13 Feb. 13 B'eb. 13 IFeb. 13 Stat. at Large. , r — Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 206 — 27 243 3718 6862 206 — 27 245 * 623 206 — 27 245 - 2607 209 1 27 252 *- 1626 209 2 27 252 * 1627 209 3 27 252 tº- 1628 209 4 27 252 *º- 1629 209 5 27 . .252 sº- 1630 231 — 27 257 - 8536 234 — 27 260 2139 4136a, 234 — 27 261 *- 4140 237 6 27 263 *- 2281 248 1 27 267 º- 7831. 248 2 27 268 *-*. 7832 249 1 27 268 tºº. 742.5 251 — 27 270 *- 4537 255 1 27 272 tº- 9006 255 2 27 272 - 9007 255 3 27 272 — ` 9008 256 1. 27 272 *- 718 256 2 27 272 *- 719 256 3 27 272 sº 720 256 4 27 272 * - 721 267 — 27 275 º- 337 269 1 27 276 - 1897 269 2 27 276 - 1898 270 3 27 277 *- 1836 272 1 27 277 1342 2308a.(19) 272 1 27 277 1342. 2308a.(46) 272 1 27 277 1342 2308a.(84) 272 2 27 277 1342 2308a.(30) 272 3 27 277 1342 2308a (54) 272 4 27 278 1342 2308a.(114) 273 — 27 278 - 2307 277 1 27 281 - 9058 277 2 27 282 emº 9059 277 3 27 282 tº- 9060 277 4 27 282 tºm- 9061 277 5 27 282 º 9062 277 6 27 282 * 9063 311 2 27 313 tº- 2822 315 — 27 321 - 2904 316. — 27 321 - 6944 317 — 27 322 sº- 9755 320 15 27 325 - 3337 328 1 27 336 - 1916 328 2 27 336 - 1917 328 3 27 336 * 1918 328 4 27 336 - 1919 351 — 27 340 º- 9013 352 1 27 340 - 8918 352 2 27 340 e- 8919 352 3 27 340 * 8920 360 — 27 345 - 9827 375 1 27 348 - 4633 375 2 27 348 - 4671 375 2 27 348 - 10216 375 3 27 348 wº- 4634 379 1 27 348 * 9070 379 2 27 349 * 90.71 380 1 27 351 *g. 6924 380 1 27 362 - 6727 380 1 27 368 *- 4506 380 1 27 384 - 92.74 18 — 27 413 º 9042 41 — 27 421. - 7277 50 — 27 426 tº- 8486 54 — 27 427 wº-ºº- 4910 58 — 27 429 mºmº 9064 64 1 27 431 - 9950 64 2 27 431 - 9951 74 8 27 436 - 1227 74 9 27 436 tº- 9456 83 – 27 443 - 8577 103 — 27 444 tºyº 4992 105 1 27 445 tº- 8029 105 2 27 445 tºº 8030 105 3 27 445 sº- 8031 105 4 27 445 tº- 8032 105 5 27 446 tº-º 8033 105 6 27 446 - 8034 105 7 27 446 tºº 8085 CHRONOLOGICAL TABLE OF LAWS IPage 18891 Stat. at Large. Date of ,- — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1893 Feb. 15 114 1 27 449 --- 91.56 Feb. 15 Il4 2 27 450 - 9157 Feb. 15 114 3 27 450 - 9158 Feb. 15 114 4 27 451 - 9159 Feb. 15 114 5 27 451 tº- 9160 Feb. 15 114 6 27 452 mºs 916.1 Feb. 15 114 7 27 452 - 916.2 Eleb. 15 114 8 27 452 - 91.63 Feb. 15 114 10 — - - 9164 Feb. 15 114 11 — -- * 916.5 Feb. 15 114 12 — - - 9166 Feb. 18 136 1 27 458 - 3114 Feb. 27 167 1 27 477 *- 7112 Feb. 27 167 2 27 478 - 7115 Feb. 27 167 3 27 478 - 71.16 Feb. 27 167 4 27 478 - 7117 Feb. 27 168 — 27 479 wº- 2200 Feb. 27 168 — 27 480 - 2122 Feb. 27 168 — 27 480 - 2131 Feb. 27 168 — 27 484 - 1982 Feb. 27 168 – 27 484 - 1985 Feb. 27 168 — 27 485 - 6850 Mch. 1 182 — 27 500 - 7681 Mch. 1 183 1 27 507 - 10004 Mch. 1 183 2 27 507 - 10005 Mch. 1 183 3 27 507 - 10007 IMCh. 1 183 4 27 507, - 10008 Mch. 1 183 5 27 508 - 10009 Mch. 1 183 6 27 508 - 10010 IMch. 1 183 7 27 508 - 10011 Mch. 1. 183 8 27 508 - 10012 Mch. 1 183 9 27 508 - 10013 Mch. 1 183 10 27 509 - 10014 Mch. 1 183 11 27 509 - 10015 Mch. 1 183 12 27 509 - 10016 Mch. 1 183 13 27 509 * 10017 Mch. 1 183 14 27 509 - 10018 §. 1 183 15 27 509 -- 10019 Möh. 1 183 16 27 509 - 10020 Mch. 1 183 17 27 509 t- 10021 Mch. 1 183 18 27 509 - 1002.2 Mſch. 1 183 19 27 510 -º- 10023 Mch. 1 183 20 27 510 *º 10024 Mch. 1 183 21 27 511 - 100.25 Mch. 1 183 22 27 511 tº- 100.26 Mch. 1 183 23 27 511 -ºn 10027 Mch. 1 183 24 27 511 - 10028 Mch. 1 183 25 27 511 tº-w 100.29 Mch. 1 186 — 27 515 - 2212 Mch. 1 186 — 27 520 -- 2280 TMCh. 2 196 1 27 531 - 8605 Mch. 2 196 2 27 531 -- 8606 MCh. 2 196 3 27 531 sº-sº 8607 MCh. 2 196 4 27 531 wº- 8608 Mch. 2 196 5 27 531 rºº 8609 Mch. 2 196 6 27 532 - 86.10 MCh. 2 196 7 27 532 º-ºw 8611 MCh. 2 196 8 27 532 - 8612 Mch. 3 199 1 27 551 - 3976 MCh. 3 199 1 27 553 - 6670 MCh. 3 202 – 27 557 4233 7949 MCh. 3 206 8 27 570 º 42.57 Mſch. 3 208 – 27 585 º 8860 MCh. 3 208 – 27 587 º 6366 Mſch. 3 208 – 27 591 - 3226 Mch. 3 208 – 27 592 *- 4877 MCh. 3 208 — 27 593 * 4600 MCh. 3 208 – 27 593 - 5008 MCh. 3 208 – 27 593 -º 5116 Mch. 3 208 – 27 595 - 3979 IMCh. 3 209 1 27 614 * 3993 Mch. 3 209 1 27 614 - 3.996 MCh. 3 209 1 27 628 - 4174 MCh. 3 209 1 27 631 - 4101 MCh. 3 209 1 27 631 -: 4102 MCh. 3 209 1 27 635 -º 4175 MCh. 3 210 1 27 653 --> 9275 IMCh. 3 211 1 27 675 -º- 7988 MCh. 3 211 1 27 689 - 881 IMCh. 3 211 1 27 709 {-0 4444 MCh. 3 211 3 27 715 tº- 6939 MCh. 3 211 4 27 715 - 237 Mich. 3 211 5 27 715 tº- 238 COMP.S.T.’18—119 Date of Act. 1893 Mch. Mch. Mch. Mich. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. NOV. NOV. NOV. NOV. Nov. Dec. Dec. Dec. 1894 Jan. Jan. Jan. Jan. ‘l Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. May May May May May May May May May May May May May May May June 5 June 28 July July July July July July July July July July July July July July July 12 12 16 16 16 16 16 16 16 18 26 26. 26 31 31 Stat. at Large. Chap. Sec 212 — 27 715 - 212 — 27 715 3718 212 — 27 716 - 212 — 27 716 - 212 — 27 . 716 *-º 212 – 27 717 *- 212 – 27 717 - 212 — 27 730 - 212 — 27 732 ºs- 213 1 27 733 t- 220 — 27 745 - 221 1 27 746 -- 221 2 27 746 *A*- 221 3 27 746 *- 225 1 27 751 º- 225 2 27 751 - 225 3 27 751 -- 226 — 27 751 766 8 — 28 4 *- 9 — 28 5 - 13 — 28 7 - 14 1 28 7 - 14 2 28 8 - 1 — 28 15 --- 3 — 28 16 - 6 — 28 21 - 10 1 28 26 º 10 2 28 26 - 16 — 28 28 4430 17 — 28 28 407 21 2 28 31 - 21 3 28 31 - 21 4 28 32 - 21 6 28 32 4039 21 7 28 32 4033 21 8 28 32 4044 21 9 28 33 4034 21 10 28 33 *- 21. 11 28 33 4040 21 12 28 33 — 25 1 28 36 - 36 — 28 41 5579 36 — 28 41 5580 36 — 28 41 5591 38 — 28 43 - 49 1 28 47 - 49 2 28 47 *m. 49 3 28 47 - 49 4 - 28 47 ſº- 71 — 28 73 - 72 1 28 73 - 72 3 28 73 tº- 72 4 28 73 º- 72 5 28 74 - 72 6 28 75 - 72 7 28 75 * 72 8 28 75 * 72 9 28 75 -- 72 10 28 75 - 83 — 28 82 - 83 — 28 82 - 83 — 28 82 * 83 — 28 82 - 87 — 28 84 - 92 2, 28 86 2869 118 — 28 96 -*EX. 131 1 28 101 -sº 131 2 28 102 *: 137 2 28 106 * 137 4 28 107 *nºt 138 14 28 110 t- 138 14 28 110 - 138 15 28 110 * 138 16 28 110 º- 138 16 28 111 * 141 — 28 113 *s 165 – 28 132 tº- 165 – 28 138 * 167 – 28 151 mº 174 1 28 162 tº- 1 28 173 - 174 - Tº e . Vol. Page. R.S Sec. Sec. . Comp. St. 2836 6862 634 2983 6754 631 2589 2571 6867 7391 1341 8903 8904 8905 1640 1641 1642 1292 6478 1063 2287 4320 4324 4911 9050 585 4497 4498 8193 596 7558 7559 7560 7568 7561 7576 7562 7563 7569 7564 1015 10565 10566 10583 -8478 439 440 441 442 5330 5.191 5.192 51.93 5.194 5195 5196 5198 51.99 5200 7843 7847 7860 7870 5105 5557 3246 8906 8907 7397 7570 1100 1368 1160 1100 1869 9102 638 2933 2227 57 359 CHRONOLOGICAL TABLE OF LAWS IPage Stat. at Large. Date of , - Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1894 July 31 174 1 28 179 tºº 9138 July 31 174 ~1 28 197 sº 771 July 31 174 2 28 205 *==º 3231 July 31 174 3 28 205 - * 417 July 31 174 4 28 205 Iºmºs 402 July 31 174 4 28 205 tº . 404 July 31 174 4 28 205 smº 412 July 31 174 4 28 206 *=º º 413 July 31 174 4 28 206 * 443 July 31 174 4 28 206 3625 6624 July 31 174 4 28 206 3633 6632 July 31 174 5 28 206 * > 408 July 31 174 6 28 206 271 406 July 31 174 7 28 206 *- 420 July 31 I74 7 28 207 456 703 July 31 174 8 28 207 smºs 425 July 31 174 9 28 208 smºs 403 July 31 174 9 28 208 *º 426 July 31 174 10 28 208 — 356 July 31 174 10 28 208 tºmºs 486 July 31 174 11, 28 209 * = . 427 July 31 174 12 28 209 sº 390 July 31 174 12 28 209 * 428 July 31 174 12 2S 209 3622 6616 July 31 174 13 28 210 gº 433 July 31 174 13 28 210 * 547 July 31 174 14 28 210 *E*- : 435 July 31 174 15 28 210 *==g 388 July 31 174 16 28 210 307 481 July 31 174 17 28 210 *- 1499 July 31 174 18 28 210 3743 6894 July 31 174 19 28 210 2639 5380 July 31 174 20 28 210 * 436 July 31 174 22 28 210 tºº 437 July 31 174 23 28 211 {- 438 Aug. 1 176 — 28 212 &= - 2657 Aug. 1 179 2 28 216 tºº 1888 Aug. 3 198 — 28 222 sº 5203 Aug. 3 202 — 28 225 gº- 8535 Aug. 4 213 – 28 229 E*º- 9.192 Aug. 6 227 1. 28 233 gº-º-º: 104.73 Aug. 6 227 2 28 233 tº; 10474 Aug. 6 228 — 28 235 *-º-º-º: 2288 Aug. 6 228 — 28 236 * 6749 Aug. 6 228 — 28 237 * 2129 Aug. 8 236 1 28 263 * 4929 Aug. 8 236 2 28 263 sºmº 4930 Aug. 8 238 — 28 272 sº 816. Aug. 8 238 — 28 273 &= - 843 Aug. 13 280 — 28 278 sms 6923 Aug. 13 281 1 28 278 *- : 6569 Aug. 13 281 2 28 278 *= 6570 Aug. 13 282 1 28 279 * 3.293 Aug. 13 282 2 28 279 * 3.294 Aug. 13 282 3 28 279 mº 3295 Aug. 13 282 4 28 279 * 3296 Aug. 13 282 5 28 280 tºº 3.297 Aug. 13 282 6 28 280 &===º 3.298 Aug. 13 282 7 28 280 sºme 3.299 Aug. 13 282 8 28 280 * * 3300 Aug. 15 288 — 28 285 2399 4807 Aug. 15 290 1 28 305 E- 4214 Aug. 15 290 1 28 305 gº 42.19 Aug. 15 290 1 28 311 tº gº 4172 Aug. 15 290 4 28 312 tº- 4046 Aug. 15 290 10 28 312 i-º-º-º: 4031 Aug. 15 290 11, 28 314 gºmº 4.177 Aug. 18 299 1 28 356 tº 984.1 Aug. 18 299 2 28 360 tºº 994.1 Aug. 18 299 3 28 360 gºmº 9935 Aug. 18 299 4 28 362 sº 9861 Aug. 18 299 5 28 362 ſº 99.73 Aug. 18 300 – 28 372 dºm 9157 Aug. 18 301 1 28 378 — 8459%b (34) Aug. 18 301 1 28 383 ſº 89.02 Aug. 18 301 1 28 384 º 10590 Aug. 18 301 1 28 390 * -º 4271 Aug. 18 301 1 28 390 º 43.25 Aug. 18 301 1 28 391 tº º ºt 8859 Aug. 18 301 1 28 394 tº º 4876 Aug. 18 301 1 28 397 º- 4601 Aug. 18 301 1 - 28 403 - 338 Aug. 18 301 1 28 405 tº 5289 1890] Stat. at Large. Date of 2. — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1894 Aug. 18 301 1 28 411 sº 92.76 Aug. 18 301 1 28 412 tºº. 7372 Aug. 18 301 1 28 412 º 9243 Aug. 18 301 1 28 412 mº 9244 Aug. 18 301 1 28 412 gººmsº 92.47 Aug. 18 301 1 28 412 *mº .92.59 Aug. 18 301 1 28 412 *sº 92.80 Aug. 18 301 1 28 416 ſº 1389 Aug. 18 301 1 28 416 sº- 1391 Aug. 18 301 1 28 416 tº 1678 Aug. 18 301 1 28 418 tºmº 7682 Aug. 18 301 4 28 422 tº 4685 Aug. 20 302 1 28 423 2401 481.1 Aug. 20 302 2 28 423 2403 4814 Aug. 23 313 — 28 491 *mºnº 8487 Aug. 23 314 1 28 491 ſºmº 5009 Aug. 23 314 2 28 491 ºsmºs 5010 Aug. 23 316 — 28 492 483 9269 Aug. 27 349 25 28 552 amº 6536 Aug. 27 349 26 28 552 2804 5500 Aug. 27 349 34 28 557 33.67 §887 Aug. 27 349 34 28 558 3172 5895 Aug. 27 349 34 28 558 3173 5896 Aug. 27 349 34 28 559 3176 5899 Aug. 27 349 38 28 560 tº- 6310 Aug. 27 349 39 28 560 sº 6311 Aug. 27 349 40 28 560 tºmº 6312 Aug. 27 349 41 28 560 mº 6313 Aug. 27 349 42 28 561. tºmº 6314 Aug. 27 349 43 28 562 mºs 6315 Aug. 27 349 44 28 562 tºº 6316 Aug. 27 349 45 28 562 ºsmº 6817 Aug. 27 349 46 28 562 * , 6318 Aug. 27 349 47 28 562 º 6348 Aug. 27 349 48 28 563 smº 5986 Aug. 27 349 49 28 563 tº sº- 6035 Aug. 27 349 50 28 564 tºº 6051 Aug. 27 349 51 28 564 tºº 6058 Aug. 27 349 52 28 565 tººs 60.59 Aug. 27 349 53 28 565 ſº 6060 Aug. 27 349 54 28 565 ſº 6061 Aug. 27 349 55 28 565 tºº 6062 Aug. 27 349 56 28 565 * 6063 Aug. 27 349 57 28 566 tºsº 6012 Aug. 27 349 58 28 566 *sº 6064 Aug. 27 349 59 28 566 *== 6065 Aug. 27 349 60 28 566 *=s=e 6090 Aug. 27 349 62 28 567 *º 5974 Aug. 27 349 63. 28 567 *gs 5873 Aug. 27 349 64 28 567 * 5874 Aug. 27 349 65 28 567 * 5.875 Aug. 27 349 66 28 567 3320 6102 Aug. 27 349 67 28 568 *sº 6000 Aug. 27 349 68 28 568 *sº 6112 Aug. 27 349 69 28 568 tº 61.62 Aug. 27 349 70 28 569 *sº 5549 Aug. 27 349 73 28 570 &=} 88.31 Aug. 27 343 74 28 570 º 8S32 Aug. 27 349 75 28 570 º 88.33 Aug. 27 349 76 28 570 * 8834 Aug. 27 349 77 28 570 *º 8.835 Dec. 13 3 — 28 594 * 4859 Dec. 15 7 – 28 595 5294 101.35 Dec. 29 14 – 28 599 ſºmº 4554 1895 Jan. 12 23 1 28 601 *º 6953 Jan. 12 23 2 28 601 gº- 6955 Jan. 12 23 2 28 601 * 6956 Jan. 12 23 2 28 601 *º 7032 Jan. 12 23 2 28 601 smººt 7033 Jan. 12 23 2 28 601 — 7034 Jan. 12 23 2 28 601 *sº 7035 Jan. 12 23 2 28 601 gº 71.64 Jan. 12 23 2 28 601 *sº 7180 Jan. 12 23 2 28 601 Gº-º 7181 Jan. 12 23 3 28 601 sº 6957 Jan. 12 23 4 28 601 esmº 6958 Jan. 12 23 5 28 602 tºº 6959 Jan. 12 23 6 28 602 — 6960 Jan. 12 23 7 28 602 * 6961 Jan. 12 23 8 28 602 iº 6962 Jan. 12 23 9 28 602 ammº 6963 Jan. 12 23 10 28 602 sº 6964 CHRONOLOGICAL TABLE of LAws Date of Act. 1895 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 Jan. 12 [Page 1891] Stat. at Large. z- —y Sec. Sec. Date of . Chap. Sec. Vol. Page. R.S. Comp. St. Act. - 1895 23 11 28 602 *-º 6965 | Jan. 12 23 12 28 602 - 6966 || Jan. 12 23 13 28 603 - 6967 Jan. 12 23 14 28 603 - 6968 Jan. 12 23 15 28 603 - 6969 Jan. 12 23 16 28 603 - 6970 Jan. 12 23 17 28 603 *sº 6971 Jan. 12 23 18 28 603 - 6972 | Jan. 12 23 19 28 603 - 6973 || Jan. 12 23 20 28 603 º-º-º: 6975 Jan. 12 23 21 28 604 -º-º: 6976 Jan. 12 23 22 28 604 tº- 6977 | Jan. 12 23 24 28 604 wº- 6978 || Jan. 12 23 25 28 604 - 6979 Jan. 12 23 26 28 604 -ºw 6980 || Jan. 12 23 27 28 604 - 6981 Jan. 12 23 29 28 605 --> 6985 | Jan. 12 23 30 28 605 i- 6986 Jan. 12 23 31 28 605 — 6987 || Jan. 12 23 32 28 605 e- 6988 || Jan. 12 23 33 28 605 *- 6989 || Jan. 12 23 34 28 605 - 6990 || Jan. 12 23 36 28 606 - 6991 || Jan. 12 23 37 28 606 - 6992 || Jan. 12 23 38 28 607 sº- 6996 || Jan. 12 23 39 28 607 - 6998 || Jan. 12 23 40 28 607 *- 7002 Jan. 12 23 41 28 607. * 7003 || Jan. 12 23 42 28 607 - 7004 || Jan. 12 23 43 28 607 * 7006 || Jan. 12 23 44 28 607 *- 7007 || Jan. 12 23 45 28 607 - 7009 || Jan. 12 23 46 28 607 wº- 7010 || Jan. 12 23 47 28 607 - 7011 || Jan. 12 23 48 28 608 *º 7013 || Jan. 12 23 49 28 608 tº- 7014 || Jan. 12 23 50 28 608 wº- 7015 Jan. 12 23 51 28 608 sº- 7019 || Jan. 12 23 52 28 608 — 7020 Jan. 12 23 53 28 608 *- 7021 || Jan. 12 23 54 28 608 - 7022 || Jan. 12 23 55 28 609 -* 7025 | Jan. 12 23 56 28 609 - 7029 || Jan. 16 23 57 28 609 -: 7030 | Jan. 16 23 58 28 610 -*. 7031 || Jan. 16 23 60 28 610 - 7037 Jan. 16 23 61 28 610 -e 7039 || Jan. 16 23 62 28 610 *s 7041 || Jan. 16 23 63. 28 611 - 7042 | Jan. 21 23 64 28 611 a-ºº: 7043 Jan. 25 23 65 28 611 - 7375 Jan. 26 23 66 28 611 - 7044 | Feb. 4 23 67 28 611 - 7045 | Feb. 4 23 68 28 612 - 7046 | Feb. 8 23 69 28 612 - 7048 || Feb. 8 23 70 28 612 - 7049 Feb. 8 23 71 28 612 - 7050 | Feb. 8 23 72 28 612 -º-º: 7051 Feb. 8 23 73 28 612 --> 1526 Feb. 8 23 73 28 612 - 7053 | Feb. 8 23 73 28 612 *ºms 7054 Feb. 8 23 73 28 613 - 7055 | Feb. 8 23 73 28 613 - 7056 | Feb. 8 23 73 28 613 tº-d 7057 Feb. 8 23 73 28 613 lº 7058 Feb. 8 23 73 28 613 *- 7059 Feb. 8 23 73 28 613 * 7060 | Feb. 8 23 73 28 613 *º- 7061 | Feb. 8 23 73 28 614 tº- 7062 | Feb. 8 23 73 28 614 *- 7063 | Feb. 8 23 73 28 614 * 7064 | Feb. 8 23 73 28 614 * 7065 | Feb. 8 23 73 28 614 ... º. 7066 | Feb. 8 23 73 28 614 - 7067 Feb. 8 23 73 28 614 tº- 7068 Feb. 8 23 73 28 614 * 7069 | Feb. 8 23 73 28 614 *- 7070 | Feb. 8 23 73 28 614 ºw- 7071 | Feb. 8 23 73 28 615 * 7072 | Feb. 8 23 73 28 615 º-º 7073. | Feb. 8 23 73 28 6.15 tº-e 7074 | Feb. 8 23 73 28 615 - 7075 Feb. 8 23 73 28 616 - 7076 | Feb. 8 .8 † Number in parentheses refers to the rule of this section. | Feb. Stat. at Large. Chap. Sec. Vol. Page. 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 616 23 73 28 617 23 73 - 28 617 23 73 28 617 23 73 28 617 . 23 73 28 618 23 73 28 6.18 23 73 28 619 23 73 28 620 23 73 28 620 23 74 28 620 23 75 28 620 23 76 28 621 23 77 28 621 23 78 28 621 23 79 28 621 23 80 28 621 23 82 28 622 23 83 28 622 23 84 28 622 23 85 28 622 23 86 28 622 23 87 28 622 23 87 — -ºsº 23 88 28 622 23 89 28 622 23 90 28 623 23 92 28 623 23 93 28 623 23 94 28 623 23 95 28 623 23 97 28 624 23 98 28 624 24 2 28 624 24 3 28 625 24 4, 28 624 24 4 28 625 24 5 28 625 29 — 28 630 37 — 28 635 45 – 28 639 50 — 28 641 55 1 28 642 55 2 28 642 61 — 28 643 64 1 28 645 64 1(1) # 28 645 64 1(2) # 28 645 64 1(3)f 28 645 64 1(4) f 28 646 64 1(5)f 28 646 64 1(6) # 28 646 64 1(7) # 28 646 64 1(8)f 28 646 64 1(9)f 28 647 64 1(10); 28 647 64 1(11); 28 647 64 1(12)f 28 647 64 1(13)f 28 647 64 1(14) # 28 647 64 1(15) # 28 648 64 1(16)f 28 648 64 1(17) # 28 648 64 1(18) # 28 648 64 1(19) # 28 648 64 1(20) f 28 649 64 1(21) # 28 649 64 1(22) # 28 649 64 1(23) # 28 649 64 1(24)f 28 649 64 1(25) # 28 649 64 1(26)f 28 649 64 1(27)f 28 649 64 1(28); 28 649 64 2 28 649 : : : CHRONOLOGICAL TABLE OF LAws Date of Act. 1895 I'eb. Feb. Feb. Feb. Feb. IFeb. Feb, Feb. Feb. ITeb. Feb. Feb. IR’eb. Feb. Feb. Feb. Feb. Feb. IFeb. Feb. IMſch. 'Mch. Mch. Mch. Mch. Mch. MCh. |M.Ch. Mſch. Mch. Mch. Mch. Mch. Mich. IMCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. . Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. IMch. Mich. Mch. Mch. Mch. IMch. Mch. Mch. IMch. IMch. Mich. . Mch. IMch. Mch. Mch. Mch. IMch. IMſch. Mch. 8 8 12 15 18 18 19 19 19 19 19 19 IPage 1892.1 Stat. at Large. Chap. Sec. Vol. Page." 64 8 28 649 - 64 4 28 650 - * 83 — 28 658 - 92 1 28 664 t- 96 — 28 666 tº- 97 — 28 667 wº- 102 1 28 672 a- 102 2 28 672 - 102 3 28 672 - 102 4 28 672 | - 103 1 28 672 - 103 2 28 : 672 * 105 1 28 673 * 105 2 28 673 * 105 3 28 673 º 128 - 28 680 - 128 — 28 680 sº- 133 – 28 687 2455 137 – 28 689 - 139 1 28 690 443 145 8 28 697 *- 146 1 28 699 4400 146 2 . 28 699 4414 161 — 28 704 - 169 — 28 732 - 169 — 28 732 - I69 — 28 732 *- 1.69 – 28 736 *-* 172 1 28 740 * 172 2 28 740 - 173 1 28 741 4153 173 2 28 743 * 173 3 28 743 - 173 4 28 743 sm 174 1 28 744 - 174 2 28 744 - 174 3 28 744 -> 177 1 28 766 º- 177 1 28 768 sº- 177 1 28 769 - 177 1 28 771 tº- 177 1 28 776 - 177 1 28 777 * 177 1 28 777 * 177 1 28 780 *- 177 1 28 780 - 177 1 28 780 * 177 1 28 784 wºr- 177 1 28 786 - 177 1 28 787 229 177 1 28 788 - 177 1 28 803 - 177 1 28 805 - 177 3 28 807 * 177 3 28 807 - 177 4 28 807 -> 177 5 28 807 - 177 5 28 807 tº- 177 5 28 807 - 177 5 28 807 - 177 6 28 808 37.11 177 7 28 808 -º- 177 9 28 808 - 177 10 28 809 tº- 181 — 28 814 *- 182 — 28 814 -- 186 — 28 825 4414 186 — 28 826 * 186 – 28 826 * 186 – 28 827 - 186 — 28 837 - 186 — 28 838 - 187 1 28 843 * 188 1 28 899. - 189 1 28 914 -- 189 1 28 919 - 189 1 28 933 -4 189 1 28 933 ... sºmeº 189 1 28 937 --> 189 1 28 956 - 189 1 28 957 --> 189 1 28 958 — 1 28 958 - 189 Sec. . R.S. Comp. St. - 7974 9139 ..Sec. 7940 7941 1960 5011 1121 3293 7971 7.972 7973 8488 8489 6420 6421 6422 3032 3033 5110 3034 8197 4136b 815.2 *8168 90.72 8709 8711 87.15 844 9952 9953 7730 7731 7732 7733 4547 4548 4549 74 110 12 63 414 415 444 937 | 955 6.425 6.425 333 343 7264 949 707 4486 428 3.288 3289 3290 53.54 6838 6680 5513 1499 2307 4985 * 81.68 2572 2766 2585 2753 274.1 3229 4862 6920 8535 283 5616 4887 1397 10561 7130 7160 Date of Act. 1895 Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. 1896 Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Moh. Mch. Mch. Mch. Mch. Apr. Apr. Apr. Apr. Apr. May May May May May May May May May May. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May *Appendix. 25 25 18 Stat. at Large. f —S Sec. Chap. Sec. Vol. Page. R.S 189 1 28 960 * 189 1 28 960 - 189 1 28 961 - 189 1 28 961 - 189 1 28 961 wº- 189 1 28 962 - 191 — 28 963 *- 191 – 28 963 * 191 4 28 964 * 193 — 28 964 tºº-º-º: 8 — 29 4 - 12 1 29 5 *- 12 2 29 5 tº- 18 — 29 6 * 22 — 29 8 - 22 — 29 8 1309 33 — 29 25 - 34 — 29 32 - 37 — 29 39 5294 39 1 29 42 - 39 2 29 43 - 39 3 29 43 - 46 — 29 45 “ms 49 1 29 54 - 49 2 29 55 *- 49 3 29 55 *- 54 — 29 57 tº- 59 — 29 60 - 59 — 29 62 *º 62 – 29 72 *- 73 – 29 75 *- 87 — 29 85 †- 120 1 29 96 wº- 120 2 29 97 - 140 – 29 106 527 140 – 29' 108 - 164 – 29 115 - 2880 168 1 29 116 - 168 2 29 117 *- 179 2 29 120 *º 182 1 29 120 tº- 182 2 29 121 - 192 — 29 121 t- 195 — 29 122 - 204 — 29 124 493 208 1 29 126 - 208 2 29 126 - 208 3 29 126 tº- 208 4 29 126 *- 212 1 29 127 - 212 2 29 127 - 212 3 29 127 -- 212 4 29 127 — 217 – 29 129 2981 231 — 29 133 - 239 — 29 136 3719 241 — 29 136 - 244 — 29 138 º 252 1 29 143 - 252 1 29 148 - 252 1 29 171 - 252 1 29 176 t- 252 1 29 177 - 252 3 29 179 166 252 4 29 179 - 252 5 29 179 3621 252 6 29 179 - 252 7 29 180 - 252 8 29 181 - 252 9 29 181 --> 252 10 29 182 - 252 11 29 182 tº- 252 12 29 183 -> 252 13 29 183 - 252 14 29 183 - 252 15 29 183 - 252 16 29 183 *-*. 252 17 29 183 - 252 18 29 183 - 252 19 29 184 - 252 19 29, 184 tº- CHRONOLOGICAL TABLE OF LAWS Date Act of • 1896 May May May May May May May May May June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June. June June Dec. 11 11 11 11 11 11 22 1897 Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. 3 1893] Stat. at Large. r Chap. 252 252 252 252 252 252 255. 255 255 309 312 - 314 314 314 331 337 337 337 337 337 337 337 337 337 337 337 337 337 337 337 337 337 337 370 3.71 371 371 3.71 373 373 373 386 386 386 387 398 398 398 399 399 399 399 399 399 399 399 400 401 406 420 420 420 420 420 420 420 420 420 Sec. Vol. Page." 184 184 184 185 185. 186 188 188 189 195 197 234 235 235 251 253 253 . 253 254 254 254 255 255 255 255 255 256 256 256 256 256 256 256 262 263 263 263 263 268 270 275 313 313 316 317 336 343 348 361 361 361 361 361 370 372 376 380 381 385 413 413 414 421 435 445 453 453 454 458 481 484 484 484 484 487 487 487 487 487 487 487 #. §. 4 1 i [Page Sec. Comp. St. 1677 1334 1451 1336 564 1431 7707 7708 7707 5990 4590 9898 3232 98.65 612 6242 6243 5979 5969 6244 6245 6246 6247 6248 6249 6250 6251 6.252 6253 6254 6255 6.256 6257 7330 5705 5706 5707 5708 6610 56.17 512 7271 7280 6711 3639 4054 10224. 4178 2573 26.17 .2618 2899 2872 6870 2804 2935 10562 7853 8492 3612 4686 6427 8459%b (21) 777 928.1 701.7 7102 7090 7211 1306 4939 4940 494.1 4942 10504 104.19 10420 10463 10467 10475 10477 Date of Act. I 897 Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Teb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. MCh. Mſch. Mſch. MCh. |M.Ch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. MCh. Mch. MCh. Mch. Mch. Mch. Mch. Mch. *Appendix. 15. 15 18 : 18 18 18 18 20 20 20 21 26 30 30 4 8 9 10 11 13 13 15 16 17 18 18 19 19 19 19 19 19 19 19 19 19 19 Stat. at Large. eC. Sec. : ,-- S Chap. Sec. Vol. Page." R.S. Comp. St. 29 2 29 487 - 10478 29 5 29 487 sºmmº 10502 61 — 29 489 *- 8282 62 1 29 490 - 5040 62 2 29 490 *- 5041 62 3 29 490 *- 5042 62 7 29 491 - 5043 67 1 29 491 41.78 7758 67 2 29 491 -- 7760 68 — 29 492 * 1215 83 — 29 494 sº- 8547 92 — 29 497 º- 1943 109 1 29 506 tº- 4137 110 — 29 507 * 8493 146 — 29 511 sº- 1935 172 — 29 512 *- 104.15 205 — 29 517 4829 9245 214 — 29 519 ºs- 2273 216 — 29 526 wº- 4635 221 — 29 526 -- 2497 223 — 29 527 - 8494 231 — 29 530 4414 *8168 234 — 29 530 *- 1932 248 — 29 805 tº- 9046 250 — 29 535 *- 4912 251 — 29 536 ºs- 84.95 263 — 29 536 * 1376 263 — 29 536 ºs- 1377 265 1 29 544 - 129 265 1 29 545 *- 134 265 1 29 545 *- 135 265 1 29 546 * 131 265 1 29 546 tº- 133 265 1 29 550 º-ºº: 410 265 1 29 554 *- 9140 265 1 29 559 *- 6428 265 1 29 577 * 1431 265 3 29 578 996 1645 268 — 29 590 *- 7373 313 1 29 594 tº- 102.19 313 2 29 594 - 10220 313 3 29 594. *- 10221 316 — 29 595 - 10273 335 — 29 599 *- : 4699 340 1 29 559 3926 7405 354 — 29 600 * . 9827 358 1 29 604 - 8786 358 2 29 605 t- 8787 358 3 29 605 — 8788 358 4 29 605 *- 8789 358 5 29 605 *- 8790 358 6 29 606 tº- 8791 358 7 29 606 *- 8792 358 8 29, 606 - 8793 358 9 29 606 - 8794 358 10 29 607 tº- 8795 358 11 29 607 - 8796 363 1 29 618 - 3490 363 2 29 618 - 3491 363 3 29 618 - 3492 363 4 29 618 - 3493 363 5 29 619 - 3494 363 6 29 619 - 3495 363 7 29 619 - 3496 372 1 29 621 :- §284 372 2 29 621 - 5285 372 3 29 621 - 5286 372 4 29 622 *- 5287 372 5 29 622 - 5288 375 — 29 624 - 3361 376 1 29 624 * 6455 377 — 29 625 - 10335 378 — 29 6.25 4878 . 9373 379 1 29 626 - 6070 379 2 29 627 tº- 6071 379 3 29 627 m- 6072 379 4 29 627 --> 6073 379 5 29 627 º 6074 379 6 29 627 mº- 6075 379 7 29 628 R- 6076 379 8 29 629 — 6077 385 — 29 647 413 604 385 — 29 648 º- 6712 CHRONOLOGICAL TABLE OF LAWS Date of Ast. 1897 Mch. Mch. Mch. Mch. Mch. Mch. IMIch. Mch. Mch. Mſ.Ch. Mſch. Mch. Mch. Mch. Mch. Mch. Mich. C \ *ń.ºe'eeeeeºeºtººo-> IPage Stat. at Large. r - — Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 385 — 29 648 tºº-º-º: 7570 385 — 29 648 4020 574 386 — 29 661 *sº 2754 386 — 29 663 - 10063 389 1 29 687 4507 8.296 389 2 29 688 º- 7734 38.9 3 29, 688 4576 8367 389 4 29 689 4541 8330 389 5 29 689 4233 7953 3.89. 6 29 689 4542 83.31 389 7 29 689 45.45 8334 389 8 29 689 * 8.293 389 9 29 689 *e 8139 389 9 29 689 4382 8137 38.9 11 29 690 - 7978 389 12 29 690 4233 7.956 389 12 29 690 4233 7957 389 12 29 690 4233 7958 389 12 29 690 4233 79.59 3.89 13 29 690 4233 7967 389 13 29 690 4233 7968 389 14 29 690 *E= 8174 389 15 29 691 2834 5516 389 17 29 691 2797 5494 389 18 29 691 * 10464 389 19 29 691 4511 8300 391 1 29 692 4886 9430 391 2 29 692 4920 94.66 391 3 29 693 4887 9431 391 4 29 693 4894 9438 391 5 29 693 4898 9.444 391 6 29 694; 4921 94.67 391 7 29. 694 º º 9442 395 — 29 695 {-- a 1030 2 1 30 18. Gºº 372 2 1 30 18. gºt 510 2 1 30 27 tº- 6496 2 1 30 29 tº-º-º: 3640 2 1 30 34 wº- 5123 2. 1 30 34 tº-ºº- 5124 2 1 30 34 — 5125 2 I 30 35 gº- 5126 2 1 30 35 tºsº 5127 2 1. 30 35 º 5128 2 1. 30 36 sº- 5129 2 1 30 36 tº- 5130 2 1 30 36 tº- 5131 || 2 1 30 36 º 5132 2 1 30 36 wº 5133 2 1 30 36 = 5134 2 1 30 48 º 6699 2 1 30 54 tººl 9235 2 1 30 61 º 7101 2 1 30 62 tº- 7052 3 1 30 79 tº 41.65 3 1 30 83 sº- 4168 3 1 30 86 g- 274 3 1 30 90 mº 4032 3 1 30 90 tºº 4106 3 1. 30 90 ºs 4123 4 1 30 96 ºsmº 7872 4 1 30 96 º 7873 4 1 30 96 ºmº 7874 4 1(1)f 30 96 tº- 7875 4 1(2) + 30 96 mº 7876 4 1(3) + 30 97 tºº 7877 4 1(5) # 30 97 º 7878 4 1(6) f 30 97 gººm- 7879 4 1(7) f 30 98 º 7880 4 1(8) # 30 98 sº 7881 4 1(9) # 30 98 sº 7882 4 1(10) # 30 98 sº 7883 4 1(11) # 30 98. tº- 7884 4 1(12) # 30 99 amº 7.885 4 1(13) f 30 99 º 7886 4 1(14) f 30 99 tºmº 7887 4 1 (15) f 30 99 tºº 7888 4 1(16) f 30 99 tº . 7889 4 1 30 100 º-º-º: 7890 4 1(17)f 30 100 gº 7891 4 1(18)f 30 100 *º 7892 4 1(19) # 30 101 º- 7893 1894] Date of Act. 1897 June 7 June 7 June 7 June 7 May 14 May 14 May 14 May 14 May 14 May 17 Stat. at Large. † Number in parentheses refers to the article of this section. z- —y Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 4 1(20) + 30 101 sºmº- 7894 - 4 1(21) + 30 101 - 7895 4 1(22) # 30 101 tº- 7896 4 1(23) # 30 101 - 7897 4 1024) # 30 101 - 7898 4 1(25) # 30 101 - 7899 4 1(26) f 30 102 - 7900 4 1(27) f 30 102 - 7901 4, 1(28) ºf 30 102 +- 7902 4 1(29) # 30 102 - 7903 4 1(30}} 30 102 - 7904 4 1(31)t 30 102 - 7905 4 2 30 102 - 7906 4 3 30 102 - 7907 4 4 30 103 *- 7908 4 5 30 103 -> 7909 9 — 30 136 tº- 136 9 — 30 105 - 9.252 9 — 30 136 — 90 11 9 30 206 3341 6147 11 10 - 30 206 3394 6204 11 14 30 207 - 5669 11 17 30 209 - 10271 13 — 30 214 4228 78.25 14 2 30 215 *- 4438 14 3 30 215 tº- 4443 10 – 30 234 2234 4469 26 1 30 248 *- 8097 26 2 30 248 - 8096 26 3 30 248 *- 8098 26 4 30 248 3109 5821 35 – 30 252 mº 3484 57 — 30 274 amº 6388 60 – 30 276 - 9097 68 1 30 286 - 5360 68 1 30 288 ºmº- 405 68 1 30 296 - 6419 68 3 30 316 rº- 6786 68 4 30 316 *- 7114 68 5 30 316 - 411 68 6 30 316 37.11 6838 68 7 30 316 - 238 68 8 30 317 -- 1401 68 9 30 317 º 580 69 – 30 326 - 6851 86 – 30 340 4440 8202 184 – 30 360 4414 * 81.68 187 1 30 361 — 1714 187 2 30 361 - 1715 187 3 30 361 *- 1716 187 7 30 362 tº- 2027 187 14 30 363 - 2041 191 6 30 365 - 2299 191 7 30 365 - 2093 229 3 30 368 -w 4968 229 4 30 368 t- 4969 234 1 30 373 tº-º-º: 632 234 1 30 374 - 657 234 1 30 377 4813 9207 234 1 30 380 1370 2494 234 1 30 380 *- 2495 234 1 30 390 a- 2770 234 1 30 390 - 2779 292 1 30 404 º- 4943 292 2 30 404 - 4938 297 – 30 406 *- 8496 299 2 30 409 - 5083 299 3 30 410 - 5084 299 4 30 410 --> 5085 299 5 30 410 - #5086 299 6 30 411 *º 5087 299 7 30 412 - 5088 299 8 30 412 - 5089 299 9 30 413 *- 5090 299 10 30 413 4- 5091 299 11 30 414 - 5092 299 12 30 414 * 4517 299 13 30 415 tº- 5048 299 14 30 415 =- 5694 339 1 30 416 - 991 (25) *Appendix. CHRONoLogiCAL TABLE OF LAws Date of Act. 1898 IMay 17 IMay 17 May 18 May 18 IMay 19 May 21 IMay 26 June 1 June 6 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 June 13 Stat. at Large. Chap. Sec. Vol. Page. 339 2 30 416 340 — 30 417 344 1 30 418 344 2 30 418 347 – 30 419 348 – 30 420 363 1 30 420 369 — 30 423 389 – 30 432 446 1. 30 440 446 1 30 442, 446 1 30 443 446 2 30 444 446 3 30 444 446 4 30 444 448 1 30 448 448 3 30 449 448 1. 30 454 448 14 30 455 448 15 30 455 448 32 30 466 448 34 30 467 448 35 30 467 448 36 30 467 448 37 30 467 448 38 30 468 448 39 30 468 448 40 30 468 448 41 30 469 448 42 30 469 448 43 30 469 448 44 30 469 448 45 30 469 448 46 30 469 448 47 30 469 448 48 30 470 451 1 30 471 451 2 30 471 458 . — 30 473 463 1 30 474 463 2 30 475 463 4 30 475 469 3 30 483 469 4 30 483 469 4 30 483 469 5 30 483 469 6 30 484 495 1 30 487 495 2 30 487 503" 1 30 494 503 1 30 494 541 1 30 544 541 2 30 545 541 2 30 545 541 3 30 546 541 4 30 547 541 5 30 547 541 6 30 548 541 7 30 548 541 8 30 549 541 9 30 549 541 10 30 549 541 11. 30 549 Sec. IPage 1895.] Sec. R.S. Comp. St. 3 9 3 3 6 8 1 i : : : 1579 10564 4763 4764 7355 6429 21.98 1063 32.19 7246 10398 7359 7.435 7232 7348 6144 6174 *6318i *6318.j *6318k 6824 6479 6258 5980 6259 6260 6261 6262 6263 6264 6265 6266 6267 6268 6269 6270 8497 8498 4604 2513 2515 2517 2308a (50) 2308a.(34) 2308a.(36) 2308a.(2) 541 12 30 549 541 13 30 550 541 14 30 550 541 15 30 550 541 16 30 550 541 17 30 550 541 18 30 551 541 19 30 551 541 20 30 551 • 541 21 30 551 541 22 30 552 541 23 30 552 541 23 30 552 541 24 30 553 541 24, 30 553 541 24 30 553 541 25 30 553 541 25 30 553 541 26 30 553 541 27 30 553 541 28 30 554 541 29 30 554 2297 1319 1320 991(2), 1136 (2) 9585 991 (19) 9586 9587 9588 9589 9590 95.91 9592 95.93 9594 95.95 9596 95.97 95.98 95.99 9600 96.01 96.02 96.03 96.04 9605 9606 991 (19) 9607 1122 1229 96.08 1229 9.609 96.10 96.11 961.2 96.13 |Dec. 21 28 Stat. at Large. Date of 2 - Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1898 July 1 541 30 30 554 tº- 96.14 July 1 541 31 30 554 ºm- 96.15 July 1 541 32 30 554 *sº 96.16 July 1 541 33 30 555 ºgº- 96.17 July 1 541 34 30 555 tºmº 96.18 July 1 541 35 30 555 sº- 96.19 July 1 541 36 30 555 *º 96.20 July 1 541 37 30 555 sº 96.21 July 1 541 38 30 555 sºmºe 9622 July 1 541 39 30 555 º 96.23 July 1 541 40 30 556 º 9624 July 1 541 41 30 556 sº 96.25 July 1 541 42 30 556 * 9626 July 1 a 541 43 30 557 sº 9627 July 1 541 44 30 557 Hºmºs 96.28 July 1 541 45 30 557 – 96.29 July 1 541 46 30 557 *= 9630 July 1 541 47 30 557 wºmeº 9631 July 1 541 48 30 557 º 9632. July 1 541 49 30 558 º 96.33 July 1 541 50 30 558 mºs 9634 July 1 541 51 30 558 *Gºs 96.35 July 1 541 52 30 559 tºº-º-º: 9636 July 1 541 53 30 559 º 9637 July 1 541 54 30 559 sºmº 9638 July 1 541 55 30 559 º 9639 July 1 541 56 30 560 * 9.640 July 1 541 57 30 560 - 96.41 July 1 541 58 30 561 *= 96.42 July 1 541 59 30 561. gº 9643 July 1. 541 60 30 562 º 9644 July 1 541 61 30 562 -º- 96.45 July 1 541 62 30 562 tº-º-º: 9646 July 1 541 63 , 30 562 == 9647 July 1 541 64 30 563 *= 96.48 July 1 541 65 30 563 ºm 96.49 July 1 541 66 30 564 * 96.50 July 1 541 67 30 564 º 96.51 July 1 541 68 30 565 *== 9652 July 1 541 69 30 565 º 9653 July 1 541 70 30 565 -º-º: 965.4 July 1 541 71 — -* -º-º: 9655 July 1 541 72 — - º 9656 July 1 543 1 30 570 tºº 3352 July 1 543 2 30 570 º 3353 July 1 543 3 30 570 sº 33.54 July 1 543 4 30 570 ºsmºs 3355 July 1 543 5 30 570 º 3356 July 1 543 6 30 571 tºº 3357 July 1 545 1 30 573 — 4007 July 1 545 1. 30 595 * 4002 July 1 545 6 30 596 * 41.15 July 1 545 7 30 596 * 4061 July 1 546 1 30 604 —8459%b(40) July 1 546 1 30 604 * 8499 July 1 546 1 30 605 * 6555 July 1 546 1 30 614 ººms 6938 July 1 546 1 30 618 — 4993. July 1 546 1 30 623 *ss 92.95 July 1 546 1 30 624 Rºmmºn 9346 July 1 546 1 30 640 -º-º: 3971 July 1 546 1 30 640 * * 927? July 1 546 1. 30 644 — 3243a. July 1 546 1 30 648 ** 950 July 1 546 - 3 30 649 * 991 (20) July 1 546 3 30 649 tºmºsº 1136 (2) July 7 571 1 30 653 * 23.9 July 7 571 1 30 656 assºsse 5868 July 7 571 1 30 661 gº 6517 July 7 571 1 30 672 prºmº 33.71 July 7 57.1 1 30 674 mºsºs 5037 July 7 57.1 1 30 676 mº 4049 July 7 57.1 1 30 687 * 76 July 7 571 3 30 708 sº 2850 July 7 576 1 30 717 - 10208 July 7 576 2 30 717 cº- 10462 July 7 578 – 30 718 4746 9079 July 7 582 – 30 720 tºmº 1848a. July 7 583 — 30 721 º 2005 July 7 584 — 30 721 º 21.98 July 8 636 – 30 722 — 2282 July 8 642 – 30 728 * 1788 Dec. 21 28 1 30 755 4516 8306 2 30 755 4522 8313 CEIRONOLOGICAL TABLE OF LAws Date of Act. 1898 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 T}ec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21. Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 Dec. 21 1899 Jan. 12 Jan. 12 Jan. 12 Jan. 31 Feb. 2 Feb. 8 Feb. 14 Feb. 21 Feb. 24 Feb. 24 Feb. 24 Feb. 24 Feb. 25 Feb. 27 Feb. 28 Feb. 28 Feb. 28 Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large. /7 . —y Sec. Chap. Sec. Vol. Page. 5013 487 1 31 181 3005 5690 541 — 31 182 864 1473 550 1 31 183 sº 2959 550 2 31 183 gºº 2960 553 1 31 187 sºmº 821 553 2 31 188 tº 104.11 553 3 31 188 º 10412 553 4 31 188 sº 10413 553 4 31 188 - 10414 553 5 31 188 *-i- 8708 553 5 31 188 tº - 10412 555 — 31 204 tºº 849 586 — 31 208 gºmº 2153 586 — 31 209 * 1763a. 586 — 31 209 tºmº 2085 586 — 31 216 gº 92.90 598 1. 31 229 tº 4217 601 4 31 250 tºº 1352 613 1 31 260 wº 7292 614 — 31, 262 4414 * 81.68 715 — 31 266 gº 9402 715 — 31 267 sº 9403 716 2 31, 269 tº-E. 4583 716 3 31 270 gºs 4584 717 1 31 270 953 1590 785 1 31 294 *== 92.53 786 2 31 321 sº 3560 786 3 31 322 º ºg 3561 786 4 31. 322 º 3564 786 5 31 323 *mº 3565 786 6 31 323 “m 3566 786 7 31 324 <=º 3567 786 8 31 324 *=º 3568 786 9 31 324. *. 3569 786 10 31. 325 — 3572 786 11. 31. 326 «º 3573 786 12 31 326 wº 3574 786 13 31 327 sº 3575 786 14 31. 327 <ºmº 3576 786 15 31 327 “º 3577 786 15 31 327 tºº §049 786 16 31 328 *ºmº 3578 786 16 31 328 •º 5050 786 17 31 328 * = . 3579 786 18 31 328 “º 3580 786 19 31. 329 *sº 3581 786 20 31 329 •ºmº 3582 786 21 31 329 •ºmºs 3583 786 22 31 329 &=º 3584 786 23 31 329 4-mºmº 3585 786 24 31. 329 tºº 3586 786 26 31 329 sº 5047 786 27 31 330 º 5095 786 29 31 332 sº 3614 786 30 31 332 wº 3587 786 31 31 332 *º 3588 786 32 31 333 tºmº 3589 786 33 31 333 º 3591 786 504 31 414 tºº 1125 786 504 31 414 tºmº 1224 786 505 31 415 * = - 1125 790 3 31 584 tºmº 98.96 791 1 31 591 tº-E 6921 791 1 31 592 tºº. 6940 791 1 31 596 sº 85.24 791 1 31 611 tºº 938 791 1 31 611 * . 956 791 1 31 613 wºmº 3405 791 1 31 618 tºmº 5217 791 1 31 620 tº-º 9355 791 1 31 624 tº 1984 791 1 31 625 ; sºme 5201 791 1 31 631 º 10006 791 1 31 636 tºº 9249 791 1 31 637 ºmº 453 791 1 31 639 * . 1392 791 1 31 639 tºº 1400 791 1 31 642 gº tº 148 791 1 31 643 {ºmº 7000 791 1 31 644 sºmº 7107 793 – 31 656 5270 101.10 796 — 31. tºº 5070 June June June June June June June June June June June June Dec. Jan. Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. *Appendix. June | Date of Act. 19600 19 1901 22 22 22 26 31 : Stat. at Large. /~ Chap. 797 801 803 804 811 819 819 820 821 859 859 859 859 3 105 105 105 180 186. 192 192 192 192 192 192 192 192 192 192 192 192 192 - 192 192 192 192 192 192 192 192 192 192 192 195 217 217 355 355 355 372. 377 386 465 465 470 478 478 478 607 607 607 614 670 670 674 674 801 801 801 802 803 803 803 803 803 803 803 803 804 804 804 804 S Sec. Vol. Page." R.S. Comp. St. — 31 658 gº 6580, — 31 660 — 7310 — 31 660 Lºs 1121 — 31 661 — 5127 — 31 671 — 20.76 1 31 682 – 99.57 2 31, 682 tºº 9958 — 31 683 &ºmºs 3485 — 31 683 sº 4538 — 31 697 — 2492 — 31 697 — 2669 — 31 697 — 9202 – 31 702 424 635 — 31 726 sºmº 968 — 31 736 — 1104 4 31 736 — 1372 7 31 737 – 1373 — 31 740 – 5014 — 31 745 * = } 4641 1 31 748 tºmº 1717. 3 31 748 ſº 1725 10 31 750 — 1738 11 31 750 — 1842 12 31 750 — 1868 15 31 751 — 1775 17 31 752 Egmº 1793 18 31 752 — 1812 19 31 753 sº * 1831. 20 31 753 tºº 1785 21 31 754 — 1797 22 31 754 – 1840 26 31 755 {-º 1905 27 31 755 *º 1908 28 31 755 tºº 1912 29 31 756 – 1883 31 31 756 – 2009 32 31 756 — 1911 34 31 757 – 1936 36 31 757 – 1741 37 31 758 $Eº 1745 38 31 758 º 1990 40 31 758 Eºmº 2172 41 31 758 — 1946 — 31 759 3255 5990 1 31 760 — 4214 2 31 760 — 4215 2 31 781 — 1068 5 31 782 — 1354 7 31 782 – 1355 — 31 790 — 4946 — 31 793 *- : 10003 – 31 799 4472 8242 1 31 '800 – 8235 2 31 800 – 8236 — 31 804 – 9842 — 31 809 tºº 9420 — 31 809 — 94.21 — 31 809 tºº 94.22 1 31 810 — 2289 2 31 810 — 2290 3 31 811 — 2291 — 31 815 mºs 4931. 1 31 844 — 9351 1 31, 844 — 10279 — 31 847 2304 4592 — 31 847 2305 4593 3 31 881 — 1361 5 31 881 – 1362 7 31 881 – 1041 — 31 893 — 7663 — 31 896 - 2170a, — 31 897 - 7679 — 31 902 — 2107 — 31 902 — 2163 — 31 903 tº a 2160 — 31 905 — 6852 — 31 910 — 431 — 31 910 — 31.13 — 31 911 — 2248 —- 31 911 1319 2240 — 31 912 1111 * 2270 - 31 914 1333 2263 CHRONOLOGICAL TABLE OF LAWS IPage Stat. at Large. |Date of 2– S Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1901 - MCh. 2 804 – 31 920 gº 2277 Mch. 2 805 – 31 935 gº º 8890 Mch. 2 806 1 31 938 wº 6144 Mch. 2 806 7 31 941 * *6318i MCh. 2 806 13 31. 949 sº- 6258 MCh. 2 . 808 — 31 950 * 4881 Mch. 2 809 1 31 950 1342 2308a (23) IMſch. 2 809 1 31 950 1342 2308a,(24) MCh. 2 809 3 31 951 183 265 MCh. 2 809 4 31. 951 1342 2308a (14) MCh. 2 812 1. 31. 953 **** 3793 MCh. 2 812 2 31. 953 — 3789 MCh. 2 812 3 31. 953 tºº 3786 Mch. 2 812 4 31. 954 sº- 3790 Mch. 2 814 — 31 956 tºmº 1333 MCh. 2 814 — 31 956 sº 1337 MCh. 3 830 1. 31. 960 *º 115 Mch. 3 830 1 31 962 *mº 7038 MCh. 3 830 1. 3 963 sº 3413 MCh. 3 830 1 31 964 sº 154 MCh. 3 830 1 31. 968 ſº-> 64 MCh. 3 830 1. 31. 968 *º 65 MCh. 3 830 1. 31. 968 sº e66 Mch. 3 830 1. 31. 968 tºº 67 Mch. 3 830 1 31 968 sº- 68 Mch. 3 830 1 31 968 tº- 69 MCh. 3 830 1 31 968 wºmeº 70 Mch. 3 830 1 31 1003 ſº- 4462 MCh. 3 830 5 31 1009 º 6734 MCh. 3 831 1 31 1023 gº 100.64 MCh. 3 831 1 31 1029 tºº 2845 Mch. 3 831 1 31 1030 sº 6750 Mch. 3 831 1 31 1039 sº 9383 Mch. 3 832 1 31 1066 gº 4128 MCh. 3 832 1 31 1077 tº-º- 5016 MCh. 3 832 3 31 1083 &=s= 4.191 MCh. 3 832 3 31 1084 — 4240 MCh. 3 832 4 31 1084 Eº 4.194 Mch. 3 834 — 31 1086 tº- 3037 Mch. 3 836 — 31 1086 * = } 9164 MCh. 3 836 — 31 1086 º 916.5 MCh. 3 836 — 31 1086 tºº 9166 Mch. 3 845 1 31 1093 gº 4332 MCh. 3 845 2 31 1093 *E. 4333 Mch. 3 845 3 31 1093 tº-e 4334 Mch. 3 850 — 31 1099 †-º 2715 MCh. 3 85i 1 31 1105 tº- 7508 Mch. 3 851 1 31 1105 *=se 7522 Mch. 3 851 1 31 1107 tºº 7312 Mch. 3 852 — 31 1107 gº 2821 Mch. 3 852 — 31 1107 sº 2851. Mch. 3 852 — 31 1108 *º-e 2703 MCh. 3 852 — 31 1122 sº 662 MCh. 3 852 — 31 1129 *º 2709 Mch. 3 852 — 31 1132 tº- 2925 Mch. 3 852 — 31 1133 tº-º-º: 2768 Mch. 3 853 1 31 1137 sº 9142 MCh. 3 853 1 31 1144 º 6774 MCh. 3 853 1 31 1153 *º 6792 Mch. 3 853 1 31, 1163 gº 93.05 MCh. 3 853 1. 31. 1175 *E* 9291 Mch. 3 853 1 31 1178 wº-> 92.50 MCh. 3 853 1 31 1178 º 9278 MCh. 3 853 1 31 1185 tºmº 10563 Mch. 3 853 3 31 1.188 *E* 4687 Mch. 3 854 233 31 1227 tº-sº 1227 Mch. 3 854 234 31 1227 lºmº 1228 MCh. 3 855 — 31 1436 tºº 4992 Mch. 3 862 — 31 1439 *º-º-º-º: 4994 Mch. 3 863 — 31 1440 - 2767 MCh. 3 865 1 31 1445 4708 8993 MCh. 3 867 — 31 1446 * 6464 Mch. 3 868 — 31 1447 *Eº 3951 Mch. 3 871 1 31 1448 5153 96.91 MCh. 3 872 1 33 1449 *sº 921 RMCh. 3 872 2 31 1449 sºmeº 922 Mch. 3 872 3 31 1449 º 923 Mich. 3 872 4 31 1449 g==º 925 Mch. 3 872 5 31 1449 *ºmº 926 Mch. 3 872 6 31 1450 gº 927 Mch. 3 872 8 31 1450 e- 929 Mch. 3 872 9 31 1450 sº- 930 Mch. 3 872 10 31 1450 ** 931 MCh. 3 873 — 31 1450 5546 10547 1899 | Stat. at Large. Date of * S Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. iQ02 - Jan. 22 3 — 32 2 sº 3571 Eleb. 14 17 1. 32 20 sº 3370 Feb. 14 17 1. 32 20 º 4518 Feb. 14 17 1. 32 26 sºsºsº. 6780 Feb. 14 18 1. 32 33 * 10481. Feb. 14 18 2 32 33 *=sº 10483. Feb. 14 18 3 32 33 *º 10482 IFeb. 15 23 — 32 34 4400 8152 Mch. 6 139 * 1 32 51 ** 909 Mch. 6 139 2 32 51 ºm- 910 Mch. 6 139 3 32 51 sº 911. MCh. 6 139 4 32 51 tºº-º-º: 913 Mch. 6 139 5 32 51 *º 914 Mch. 6 139 7 32 52 gºsº 4389 Mch. 6 139 8 32 52 gº 4390 Mch. 6 139 9 32 52 sº 4391 Mch. 6 139 10 32 53 * 4403 Mch. 6 139 11. 32 53 * 4414 Mich. 8 140 6 32 55 tºº 5674 Mch. 8 140 6 32 55 sº-º-º: 6338 MCh. 8 140 7 32 55 *º- 5675 MCh. 8 140 8 32 55 º 5534 Mch. 8 140 9 32 55 * 3811 Mch. 10 143 — 32 58 *E= 8500 Mch. 11 182 — 32 63 2294 4546 Mch. 11 183 B— 32 64 — 1095 Mch. 11 183 4 32 66 * 1364 Mch. 11 183 5 32 66 º 1365 MCh. 11 183 6 32 66 $º 1366 Mch. 11 183 15 32 69 *º 1367 Mch. 22 272 — 32 81 eºs 7684 Mch. 22 273 — 32 88 # ==º 3266 Apr. 11 417 — 32 95 4883 942'ſ } | Apr. 12 500 1 32 96 *s 6144. Apr. 12 500 3 32 96 3368 6174 Apr. 12 500 8 32 97 —- 6369 Apr. 12 500 9 32 99 gººses 6258, Apr. 12 501 1. 32 100 — 8459%b(5) Apr. 12 501 2 32 100 — 8459%b (6) Apr. 12 501 3 32 100 — 8459%b (19). Apr. 12 501 4 32 100 —8459%b (23). Apr. 12 501 5 32 100 —8459%b (24). Apr. 12 501 6 32 101 —8459%b (25), Apr. 12 501 7 32 101 — 8459%b (26) Apr. 12 501 8 32 101 – 8459%b (17) Apr. 12 501 9 32 101 — 8459%b(27) Apr. 12 502 1. 32 101 * 850ſ. Apr. 12 502 2 32 101 * 8502. Apr. 12 503 — 32 -102 tºº 96.73. Apr. 21 563 1. 32 112 *g 7294. Apr. 21 563 1. 32 1.13 mº 730i. Apr. 21 563 1. 32 113 tºº 10368, Apr. 21 563 1. 32 114 gººg 726t 2 Apr. 21 563 1. 32 114 tº-º-º: 742.8 Apr. 21 563 1. 32 117 * 7387 Apr. 26 592 — 32 120 2399 4807 Apr. 28 594 1 32 124 tº-º-º: 3407 Apr. 28 594 1 32 125 tº- 3379. Apr. 28 594 1. 32 138 *º-º: 506, Apr. 28 594 1. 32 138 sºmeº 71.27 Apr. 28 594 1 32 152 - * 3339, Apr. 28 594 1. 32 152 gº 3344 Apr. 28 594 1. 32 152 1797 3308 Apr. 29 637 — 32 172 * 3523 Apr. 29 641 1 32 176 *º 4337 Apr. 29 641 2 32: 176 *== 4.338 Apr. 29 641 4 32 177 gº 4339 May 3 683 1 32 1.88 gºs 4866 May 3 683 2 32 1.89 gºmºmº 4867 May 9 783 — 32 193 4929 94.75 May 9 784 1. 32 193 * 8740 May 9 784 2 32 194 gº 5977 May 9 784 3 32 194 º 6220 May 9 784 4 32 194 tºº 5968 | May 9 784 4 32 194 * 5978. May 9 784 4 32 194 gºsº 6233. May 9 784 4 32 194 * 6234. May 9 784 . 4 32 194 *sº 6235. May 9 784 4 32 194 * 6236. May 9 784 4 32 194 * -º-º-º: 6237 May 9 784 4 32 194 * 6238. May 9 784 5 32 196 tº- 6239; CHRONOLOGICAL TABLE OF LAWS Date of Act. 1902 May 9 Stat. at Large. Ghap. 784 6 32 197 820 1. 32 202 820 2 32 202 820 3 32 203 821 2 32 203 888 7 32 2.75 943 — 32 282 946 — 32 284 983 — 32 285 984 — 32 285 985 — 32 303 985 — 32 303 985 — 32 303 1036 21 32 326 1071 — 32 329 1079 1 32 340 1079. 1. 32 358 1079 1. 32 361 1079 1. 32 371 1079 3 32 372 1079 4 32 373 1079 5 32 373 1079 6 32 374 1079 9 32 374 1079 10 32 374 1079 11. 32 374, 1079 12 32 375 1080 1. 32 384 1080 2 32 384 1080 3 32 384 1088 1. 32 386 1088 2 32 386 1088 3 32 386 1093 1. 32 388 1093 2 32 388 1093 3 32 388 1093 4 32 389 1093 5 32 389 1093 6 32 389 1093 7 32 389 1093 8 32 390 1093 10 32 390 1138 — 32 396 1140 1 32 397 1140 2 32 397 1140 3 32 398 1155 1. 32 398 1155 2 32 399 1156 — , 32 399 1300 — 32 409 1300 — 32 409 1300 — 32 409 1301 1. 32 433 1301 1. 32 455 1301 1 32 455 1301 1 32 456 1301 1 32 472 1301 1 32 475 1301 1. 32 475 1301 1. 32 476 1301 1. 32 476 1301 1. 32 480 1301 1 32 481 1302 2 32 481 1302 8 32 484 1306 — 32 485 1312 — 32 492 1325 — 32 506 1327 — 32 506 1328 — 32 508 1328 — 32 509 1328 — 32 509 1328 — 32 509 1328 — 32 512 1328 — 32 520 1331 1. 32 546 1331 2 32 547 1333 — 32 548 1351 — 32 556 1351 — 32 558 1351 — 32 564 1353 — 32 629 1355 — 32 630 Sec. IPage Sec. Sec. Vol. Page." R.S. Comp. St. 4 0 7 6 6241 5228 5229 5230 5015 4.223 1989 4216 822 8503 795 6649 6721 6922 1118 9897 9988 998.9 9903 98.63 99.84 9882 98.62 98.57 9972 9861 99.25 4608 4609 4610 7623 7624 7628 4700 4701 4702 4703 4704 4705 4706 4707 4708 1458 10532 10533 10534 7717 8060 9065 2228 2265 2268 6725 775 67.14 6728 9246 1398 101.17 1384 67.75 151. 6997 10031 6826 78.33 5870 913 6346 2106 1861 1862 1906 2094 6769 31.65 3166 1118 3972 8463 9267 324 1203 July 1900] |Date of Act. 1902 July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July 1 Stat. at Large. r Chap. 1355 1356 1357 1357 1362 1368 1368 1368 1368 1368 1368 1368 1368 1369 1369 1369 1369 1369 1369 1369 1869 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 — Sec. Sec. Vol. Page. R.S. Co 630 631 632 632 655 663 663 671 6.79 680 683 686 687 691 692 695 695 695 696 696 696 June 17 June 17 June 17 June 17 June 17 June 21 June 21 June 21 June 21 June 24 June 24 June 27 June 28 4 1. 3 9 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 1369 696. 696 697 697 697 697 697 698 698 698 698 699 699 699 699 699 699 700 700 700 701. 701 701 702 . 702 702 702 703 703 703 703 704 704 704 704 704 704 705 705 705 705 705 706 706 706 706 706 706 707 707 707 708 708 708 708 708 708 709 710 710 710 710 5 Sec. mp. St. 1205 3507 8729 8730 5243 2797 2846 2565 2881 2887 2551 2719 29.10 3804 3808 1225a. 38.21 38.23 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3.842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3885 3886 3887 3888 3889 CEIRONOLOGICAL TABLE OF LAWS 18 IPage 1901] Stat. at Large. Sec. — Sec. Sec. Vol. Page. R.S. Comp. St. Chap. 1369 81 32 710 1369 82 32 711 1369 83 32 711 1369 84 32 711 1369 85 32 711 1369 87 32 712 1370 1 32 712 1370 2 32 . 712 1370 3 32 712 1370 4 32 713 1370 5 32 713 1370 6 32 713 1370 7 32 713 1370 8 32 714 1870 9 32 714 1371 1. 32 714 1371 2 32 715 1376 — 32 727 1378 1. 32 728 1378 2 32 729 1378 3 32 729 1378 4 32 729 1378 5 32 729 1378 6 32 729 1378 7 32 729 1383 1 32 731 1383 3 32 732 1386 — 32 733 4 — 32 756 63 1 32 765 63 2 32 765 63 3 32 765 63 4 32 765 63 5 32 766 63 6 32 766 90 — 32 767 134 – 32 770 186 1 32 770 186 2 32 770 186 3 32 771 186 4 32 771 186 5 32 771 186 6 32 771 186 7 32 771 190 – 32 773 196 8 32 776 196 11. 32 776 196 12 32 776 196 19 32 778 196 21 32 779 196 22 32 779 196 23 32 : 779 334 1 32 783 334 2 32 783 335 — 32 784 338 — 32 786 344 1 32 790 344 2 32 790 344 3 32 790 344 4 32 790 344 5 32 7.91 349 1 32 7.91 349 2 32 792 349 3 32 792 351 — 32 793 351 — 32 793 402 — 32 795 487 . 1 32 797 487 2 32 797 487 3 32 797 487 4 32 797 487 5 32 7.98 487 6 32 798 487 7 32 7.98 487 8 32 798 487 9 32 799 487 10 32 799 487 11. 32 799 487 12 32 799 487 13 32 799 487 14 32 800 487 ° 15 32 800 ; ; ; : 3890 3891 3892 3905 6581 345 9134 9135 9136 9141 9143 9144 9146 9147 91.48 6169 6204 10495 8778 87.79 8780 8781 87.82 8783 87.84 3761 3797 4904 1118 5231 5232 5233 5234 5235 5236 920 6054 3740 3741 3742 37.43 3744 3745 3746 8963 3049 3052 3053 3073 3075 3076 2042 1743 1744 1118 7090 4499 4500 4501 4502 4503 8698 8699 8700 1009 10503 968 9586 9587 9588 95.98 96.01 96.02 9605 9607 9624 9631 9632 9641 9644 96.48 9649 Date of Act. 1903 Feb. 5 Feb. 5 Feb. 5 Feb. 5 Feb. 9 Feb. 9 Feb. 9 Feb. 9 Feb. 9 Feb. 11 Feb. 11 Feb. 11 B'eb. 12 Feb. 12 IFeb. 12 Feb. 12 Feb. 14 Teb, 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 14 Feb. 19 Feb. 19 Feb. 19 Feb. 24 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 E’eb. 25 Feb. 28 Feb. 28 Feb. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch: Stat. at Large. Ghap. Sec. Vol. Page." 487 16 32 800 487 16 32 800 487 17 32 800 487 18 32 800 527 — 32 805 529 1 32 806 529 2 32 807 530 — 32 813 531 — 32 820 543 — 32 822 544 1 32 823 544 2 32 823 547 — 32 825 547 — 32 825 547 – 32 825 548 — 32 825 552 1 32 825 552 2 32 826 552 2 32 826 552 3 32 826 552 4 32 826 552 5 32 827 552 7 32 828 552 8 32 829 552 9 32 829 552 10 32 829 552 11 32 830 552 12 32 830 553 . 1 32 830 553 2 32 831 553 4 32 831 708 1. 32, 847 708 2 32 848 708 . 3 : 32 848 753 — 32 854 755 1. 32 865 755 1 32 865 755 1 32 866 755 1 32 877 755 1. 32 884 755 1. 32 885 755 1 32 904 858 1 32 920 858 2 32 921 858 3 32 92.1 975 — 32 930 975 — 32 932 975 — 32, 932 975 — 32 932 975 — 32. 933 975 — 32 934 975 — 32 934 975 — 32 939 976 1 32 943 976 2 32 943 976 3 32 943 977 — 32 944 980 1. 32 952 980 2 32 95.3 980 3 32 953 980 4 32 95.3 980 5 32 953 980 6 32 953 980 7 32 954 980 8 32 954 980 9 32 954 980 10 32 954 980 11 32 954 980 12 32 954 993 — 32 982 994 10 32 1009 995 — 32 1012 1002 – 32 1028 1006 1 32 1043 1006 8 32 1082 1007 1 32 1091 1007 1 32 1109 1007 1. 32 1112 1007 1 32 1122 1007 1. 32 1130 1007 1 32 1137 1007 1 32 1141 1007 1 32 1.146 €C. Sec. S R.S. Comp. St. 7 0 8 96.51 96.54 9655 9656 968 1675 1.0128 865 5019 5012 8824 8825 969 1127 1194 4636 853 421 854 856 857 875 858 867 861 859 292 860 1759 1760 1763 8597 8598 8599 3173 149 281 295 5858 344 1859 8578 8993 8994 8995 1726 1864 2077 2139 2086 1890 2154 1974 86.13 8614 8615 8961 3893 3894 3895 3887 3896 3897 3898 3899 3900 3901 3902 3903 8504 4128 2214 5046 93.13 6724 6916 6488 6948 3345 5206 92.54 1434. 7105 CHRONOLOGICAL TABLE OF LAWS Date of Act. . 1903 MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MIch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Dec. Dec. 1904 Jan. 30 Feb. 18 Mch. 1 Mch. 4 Mch. 4 Mch. 4 IMCh. 9 Mch. 11 Mch. 11 Mch. 18 Mch. 18 Mch. 18 Mch. 18 Mch. 18 MCh. 18 Mch. 22 Apr. 1 : Apr. 8 Apr. 8 Apr. 8 Apr. 11 Apr. 12 Apr. 13 Apr. 19 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 20 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 21 Apr. 22 Apr. 22 Apr, 23 Apr. 23 Apr. 23 IPage 1902I Stat. at Large. f - Chap. 1009 1009 1009 1009 1009 1009 1009 1009 1009 1010 1010 1010 1010 1010 1010 1010 1010 1010 1010 1010 1012 1014 1015 1019 1019 1019 1021 1 1 39 160 388 393 394 395 503 505 505 716 716 716 716 716 716 748 857 862 945 948 948 1140 1249 1252 1398 1400 1400 1400 1400 1400 1400 1:400 1400 T.400 1400 1400 1400 1400 1402 1402 1402 1402 1403 1403 1403 1404 1404 1404 1413 1420 1485 1485 1485 Sec. Sec. Sec. Vol. Page." R.S., Comp. St. 1166 1166 1174 1175 1175 1176 1176 1176 1176 1197 1197 1197 1197 1197 1197 1198 1198 1198 1198 1198 1221 1223 1223 1225 1226 I226 1228 191 211 211 220 225 225 226 226 226 226 242 249 262 263 264 : : : : 2 4 6 0 7 7223 7233 7406 7286 103.68 7291. 10363 598 7349 2483 2484 2566 2710 2724 2830 2485 2721 2732 2743 2911 3391 97.49 10341 9431 9436 9440 9044 5324 5325 6992 6408 4392 9848 4546 1118 5115. 4.192 4193 5859 6423 615 640 524 3237 4474 968 7046 8958 952 3717 8.293 5251 8388 701 5261 5262 5263 5264 5265 5266 5267 5268 5269 5270 5271 5272 5273 4021 4171 4527 5244 2292 2.293 2294 1874 1875 1876 8505 1118 1766 1840 2066 Date of Act. 1904 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 23 Apr. 26 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Dec. 20 I905 Jan. 5 Jan. 5 Jan. 5 Jan. 5 Jan. 5 Jan. 5 Jan. 5 Jan. 5 Jan. 20 Jan. 20 Jan. 24 Jan. 24 Jan. 24 Stat. at Large. Ghap. Sec. Vol. Page." 1485 — 33 264 1485 — 33 264 1485 — 33 266 1485 — 33 266 1485 — 33 266 1485 — 33 273 1485 — 33 274 1485 — 33 276 1485 — 33 276 1485 — 33 276 1485 — 33 276 1486 -- 3 283 1489 — 33 297 1603 1 33 308 1612 — 33 313 1618 1 33 316 1618 2 33 317 1618 3 33 317 1618 4 33 317 1618 5 33 318 1618 6 33 318 1621 — 33 324 1622 — 33 337 1622 — 33 346 1622 — 33 349 1625 1 33 362 1626 — 33 362 1629 — 33 391 1629 — 33 391 1629 — 33 392 1629 — 33 392 1629 — 33 393 1629 — 33 393 1629 — 33 393 1629 — 33 393 1630 1 33 396 1630 1 33 403 1630 1 33 403 1630 1 33 407 1630 1 33 422 1630 5 33 428 1759 1 33 435 1759 1 33 489 1759 1 33 439 1759 2 33 440 1759 3 33 440 1759 4 33 440 1759 7 33 441 1759 8 33 441 1762 1 33 460 1762 1 33 478 1762 1 33 497 1766 1 33 518 1770 — 33 522 1772 1 33 525 1772 2 33 525 1772 3 33 525 1772 4 33 526 1774 — 33 526 1776 2 33 527 1776 3 33 527 1791 — 33 542 1791 — 33 542 1791 — 33 542 1796 — 33 545 1801 1 33 547 1801 2 33 548 1801 3 33 548 20 — 33 595 23 1 33 599 23 2 33 600 23 3 33 600 23 4 33 600 23 5 33 601 23 6 33 602 23 7 33 602 23 8 — *-*- 50 1 33 610 50 2 33 611 137 1 33 614 137 2 33 614 137 3 33 614 0 9 5 3 2 7 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1905 Jan. 27 Jan. 27 Jan. 27 Jan. 27 Jan. 27 Jan. 27 Jan. 27 Jan. 27 Feb. 1 Feb. 1 Feb. 1 Feb. 1 Feb. 1 Feb. 3 Feb. 3 IFeb. 3 Feb. 3 Feb. 3 Eleb. 3 Feb. 6 Feb. 6 Eleb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 IFeb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 6 . Feb. 6 Feb. 6 Feb. 6 Feb. 6 IFeb. 6 Feb. 6 Feb. 7 Feb. 7 Feb. 8 Feb. 8 Feb. 9 Feb. 9 Feb. 15 Feb. 18 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 IFeb. 20 Feb. 20 Feb. 20 Feb. . 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 IPage 1903] Stat. at Large. ~ Sec. Sec. Vol. Page. R.S. Co Ghap. 277 1 33 616 277 2 33 616 277 3 33 617 277 4 33 617 277 5 33 6.17 277 6 33 619 277 7 33 619 277 8 33 619 288 1 33 628 288 2 33 628 288 3 33 628 288 4 33 628 288 5 33 628 237 1 33 642 297 1 33 650 297 1 33 652 297 1 33 657 297 1 33 684 297 4 33 6.87 453 I 33 689 453 2 33 689 453 3 33 690 453 4 33 690 453 5 33 692 453 * 6 33 692 453 7 33 692 453 9 33 692 453 9 33 - 693 453 9 33 693 453 9 33 693 453 9 33 694 453 9 33 694 453 9 33 694 453 9 33 695 453 9 33 6.96 453 9 33 6.96 453 9 33 697 453 10 33 697 454 1 33 698 454 2 33 698 454 2 33 698 547 1 33 702 547 2 33 703 550 — 33 705 552 – 33 706 564 1 33 711 567 — 33 714 574 — 33 715 586 — 33 720 592 1 33 724 592 2 33 724 592 3 33 725 592 4 33 725 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 IFeb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 20 Feb. 21 Feb. 21 Teb. 21 592 5 33 725 592 6 33 726 592 7 33 726 592 8 33 726 592 9 33 727 592 10 33 727 592 11 33 727 592 12 33 727 592 13 33 728 592 14 33 728 592 15 33 728 592 16 33 728 592 17 33 728 592 - 18 33 729 592 19 33 729 592 20 33 729 592 21 33 729 592 22 33 729 592 23 33 730 592 24 33 730 592 25 33 730 592 26 33 730 592 27 33 730 592 28 33 730 592 29 33 731 592 30 33 731 593 — 33 731 720 1 33 732 720 2 33 732 720 3 33 732 4 Sec. Imp. St. 3592 3594 3603 3604 3605 3606 3607 3610 823 5093 5152 4947 5142 229 9149 5861 6690 958 3.238 3907 3908 3876 3909 3910 3911 38.19 3832 3833 3834 3835 38.39 3841 3846 3847 3849 3863 3868 3899 101.24 10125 10309 5212 5213 104.15 4741 8010 4749 9849 8242 9.485 9487 9488 94.89 9490 9491 94.92 9493 94.94 94.95 9496 9497 9498 94.99 9500 9501 9502 9503 9504 9505 9506 9507 95.08 9509 9510 9511 9513 9514 9515 9516 9304 8802 8803 8804 | Date of Act. 1905 Feb. 23 Feb. 23 Feb. 23 IFeb. 23 Feb. 23 Feb. 24 Feb. 28 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch, Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. *Appendix. Feb. 23 Stat. at Large. f - — Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 733 — 33 733 {- 3497 738 1 33 740 *- 93.17 738 2 : 33 . 740 - 93.18 744 1 33 743 - 8648 744 2 33 743 - 8649 744 3 33 743 as- 8650 778 — 33 811 wº- 6923 1163 — 33 818 5146 9684 1293 1 33 819 — 8508 1293 2 33 819. tº- 85.25 1304 — 33 823 * 10393 1305 1 33 824 *- 1103 1305 4 33 824 º- 1370 1305 6 33 824 - 1371 1306 — 33 826 2787 5484 1307 — 33 830 am- 1768 1307 — 33 831 amº- 2080 1307 — 33 832 *- 1802 1307 — 33 836 *- 1979 1307 — 33 837 * 1975 1307 — 33 840 * 1965 1307 — 33 841 *- 3104 1311 — 33 843 *- 5323 1402 — 33 847 as- 6703 1404 — 33 850 *- 2213 1404 — 33 850 em- 2264 1404 — 33 853 1111 *2270 1405 — 33 864 — 10229 1405 — 33 872 - 5153 1406 1 33 901 * 9352 1413 1. 33 983 - 5395 1413 2 33 983 *- 5396 1416 1 33 986 *- 3.07.0 1416 2 33 987 — 3071 1418 — 33 987 tº- 968 1422 — 33 990 *- 3253 . 1424 — 33 991 2288 4535 1427 2 33 993 * 968 1427 13 33 995 *- 1348 1427 15 33 995 — 1349 1427 19 33 996 *- 1350 1443 1 33 1009 *- 91.83 1443 3 33 1009 * 918.4 1443 4 33 1009 *- 91.85 1443 6 33 1010 - 91.86 1443 7 33 1010 *- 91.87 1453 1 33 1022 4405 8159 1454 1 33 1023 44.17 8172 1454 2 33 1023 4453 8215 1454 3 33 1024 4488 8258 1454 4 33 1025 4499 82.75 1454 5 33 1025 — 10455 1455 — 33 1026 4414 * 81.68 1456 1 33 1027 4418 8173 1456 2 33 1028 4480 8250 1456 3 33 1028 4483 8253 1457 1 33 1028 4415 8170 1457 2 33 1029 4416 8171 1457 3 33 1029 4423 8184. 1457 4 23 1029 4426 8187 1457 5 33 1030 4449 8211 1457 * 6 33 1030 4452 *me- 1457 7 33 1031 4470 8240 1457 8 33 1031 4472 8242 1457 9 33 1032 4498 82.74 1457 10 33 1032 4233 7943 1459 — 33 1032 t- 4742 1465 1 33 1035 *- 3698 1465 2 33 1035 º- 3721 1476 — 33 1045 * 4750 1479 1 33 1049 sº- 3986 1480 1 33 1085 tº-º. 7245 1480 1 33 1087 - 7490 1480 2 33 1091 * 7368 1481 — 33 1111 *º- 636 1481 — 33 1113 - 2912 1482 4 33 1147 - 9926 1482 6 33 1148 {- 99.74 1483 1 33 1161 *- 6934 1483 1 33 1164 *- 2777 1483 1 33 1169 tº- 9016 1483 1 33 1170 tº- 3593 1483 1 33 1182 &- 665) CHRONOLOGICAL TABLE OF LAWS Date of . Act. 1905 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Dec. 21 1906 Feb. 22 Feb. 27 Feb. 27 Feb. 27 Mch. 16 Mich. 16 Mch. 16 Mch. 16 Mſch. 16 Mch. 16 MCh. 17 Mich. 22 Mich. 22 MCh. 22 MCh. 22 MCh. 23 MCh. 23 Mſch. 23 Mch. 23 MCh. 23 Mch. 23 Mch. 23 MCh. 23 MCh. 23 MCh. 27 MCh. 27 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 9 Apr. 9 Apr. 9 Apr. 9 Apr. 9 Apr. 9 Apr. 14 Apr. 14 Apr. 16 Apr. 16 Apr. 16 Apr. 16 Apr. 16 Apr. 19 Apr. 19 Apr. 19 Apr. 24 IPage 1904] Stat. at Large. €C, Sec. S Sec. Vol. Page." R.S. Comp. St. Ghap. 1483 1 33 1190 1483 1 33 1190 1483 1 33 1190 1483 1 33 1206 1483 1 33 1207 1483 1 33 1207 1483 1 33 1213 1484 1 33 1214 1484 1 33 1217 1484 1 33 1233 1484 1 33 1249 1484 4 33 1257 1487 — 33 1259 1488 — 33 1259 1491 — 33 1262 1496 1 33 1264 1496 2 33 1264. 1496 3 33 1265 1496 4 33 1265 1496 4 33 1265 1496 6 33 1265 1497 1 33 1265 1497 2 33 1266 1497 3 33 1266 1501 1 33 1269 1501 2 33 1270 1501 3 33 1270 1501 4 33 1270 3 1 34 5 500 — 34 17 510 1 34 36 510 1 34 42 510 3 34 48 951 1 34 63 951 2 34 63 951 3 34 63 951: 4 34 64 951 5 34 64 951 6 34 64 955 1. 34 68 1127 1 34 83 1127 2 34 83 1127 3 34 83 1127 4 34 83 1129 — 34 84 1130 1 34 84 1130 2 34 85 1130 3 34 85 1130 4 34 85 1130 5 34 85 1130 6 34 86 1130 7 34 86 1130 8 34 86 1347 1 34 88 1347 2 34 88 1366 1 34 99 1366 3 34 100 1366 4 - 34 1:00 1366 5 34 101 1366 6 34 101 1366 6 34 101 1366 7 34 101 1366 8 34 101 1366 9 34 101 1366 10 34 102 1370 1 34 104 1370 2 34 104 1370 3 34 104 1370 4 34 105 1370 5 34 105 1372 1 34 106 1622 — 34 112 1627 — 34 116 1631 1 34 116 1631 2, 34 116 1631 3 34 116 1631 4 34 116 1631 5 34 117 1640 1 34 123 1640 2 34 1.23 1640 3 34 123 1861 — 34 132 3977 3978 6717 6719 1435 1436 7175 6698 6694 730 7176 6778 1339 71.96 3604 8701 8702 8703 8704 10230 8705 3562 3590 3563 8748 8749 87.50 8751 6827 3 6 7714a, 715 876 6778 8891 8892 8893 8894 8895 8896 815.2 92.84 9.285 9.286 9.287 6645 99.61 9962 9963 9964 9965 99.66 9967 99.68 4656 4657 3138 3140 3141 3142 3151 3152 3.185 3186 31.87 3.188 2744 2745 2746 2747 2748 * 81.68 3353 1121 4715 4716 4717 4718 4719 8509 '-8459%b(49) —8459%b(50) 3528 6494 . 1. 3 6 – 3 6 7 9 ; ; : . 44 IDate of Act. 1906 Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June *Appendix. 24 ii ; : 16 17 26 26 26 26 26 26 26 26 26 26 28 i i 11 Stat. at Large. Sec. Sec. Page." R.S. Comp. St. Ghap. Sec. Vol. 1861 — 34 132 1865 1 34 136 1865 2 34 136 1865 3 34 136 1874 1 34 136 1874 2 34 136 1875 — 34 137 1997 — 34 149 2081 1 34 168 2081 2 34 169 2081 3 34 169 2083 1 * 34 169 2083 3 34 170 2083 4 34 170 2083 5 34 171 2083 6 34 171 2083 7 34 172 2083 8 34 172 2083 9 34 172 2083 10 34 172 2083 11 34 173 2083 12 34 173 2083 13 34 174 2083 14 34 174 2083 15 34 174 2348 — 34 182 2348 — 34 182 2448 — 34 186 2453 1 34 190 24.54 — 34 190 2458 1 34 192 2458 2 34 192 2460 — 34 193 2465 — 34 196 2469 — 34 197 2556 1 34 200 2556 2 34 200 2556 3 34 200 2556 4 34 201 2556 5 34 201 2556 6 34 201 2556 7 34 201 2557 — 34 202 2558 — 34 202 2561 — 34 204 2565 — 34 204 2566 — 34 204 2569 1 34 206 2569 2 34 207 2570 — 34 207 2571 — 34 208 3046 1 34 215 3046 2 34 215 3046 3 34 216 3046 4 34 216 3046 5 34 216 3046 6 34 216 3047 1 34 217 3047 2 34, 217 3048 — 34 218 3048 — 34 219 3060 1 34 225 3060 2 34 225 3060 3 34 225 3060 4 34 225 3071 — 34 230 3072 1. 34 232, 3072 2 34 232 3072 3 34 231 3074 1 34 233 3074 2 34 234 3074 3 34 234 3074 5 34 234 3075 1 34 234 3075 2 34 234 3075 3 34 235 3075 4 34 236 3075 5 34 236 3078 — 34 242 3.078 — 34 242 3.078 — 34 245 3078 — 34 245 3078 — 34 246 3529 4348 6495 8066 8073 8067 9954 9956 8288 10534 94.85 9512 94.86 35.45 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 35.57 3558 3951 4203 7203 8100 —8459%b (51) - 3592 4.426 3594 81.87 9881 5096 — 8459%b (36) — 8459%b(59) — 8459%b (60) — 8459%b(62) — 8459%b (63) — 84.59%b (64) — 8459%b (65) 4472 4 4 968 6567 3737 8242 8099 1040 1035 5204 10218 6112 61.18 6119 6120 61.21 6122 6132 6.136 4389 912 5278 5279 5280 5281 8182 9904 ‘9905 99.06 5162 5165 5166 5170 3799 3800 3801 3802 3803 2010 92.21 2052 2081 2126 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1906 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June- June June June June June June June June June June June June.' June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 12 12 12 12 12 12 12 12 12 12 12 12 13 13 13 13 13 13 13 14 1905.I _ CoMP.ST.’18—120 IIPage Stat. at Large. r — Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp.St. 3.078 — 34 246 1305 2193 3078 — 34 246 1308 2196 3.078 — 34 248 emº 2155 3.078 — 34 248 assº 2199 3.078 — 34 250 *º- 2117 3.078 — 34 255 - 6885 3078. — 34 255 º 9212 3.078 — 34 256 - 1963 3.078 — 34 258 mº 1964 3.078 — 34 258 *sº 6772 3078 — 34 258 emsº 6853 3288 — 34 259 sºmº 4709 3.289 1 34 260 sº 8805 3.289 2 34 260 *sº 8806 3.289 3 34 261 *amº 8807 3289 4 34 261 tº- 8808 3.289 5 34 262 º 8809 3.289 6 34 262 - 88.10 3.289 7 34 262 º 8811 3.299 1 34 263 smºmºs 36.23 3.299 2 34 264 =º 3624 3.299 3 34 264 º 36.25 3.299 4 34 264 ... wºme 3626 3.299 5 34 264 — 3627 3333 — 34 267 ºf E. 96.48 3335 7 34 272 * —- 5.245 3335 13 34 275 gº 1088 3335 13 34 275 — 1360. 3335 14 34 275 º 1088 3338 — 34 296 sºmºi 2704 3431 — 34 298 º 8510 3433 1 34 299 º 9167 3.433 2 34 299 • * 9168 3.433 . 3 34 300 º 91.69 3433 4 34 300 * 91.70 3433 5 34 301 • *s 9171 3433 6 34 301 mº- 9172 3434 — 34 301 3646 6645 3436 1 34 302 = 5339 3447 3 34 324 — 8439 3504 — 34 326 smº . 4166 3504 — 34 326 gºmºsºm 4202 3504 — 34 327 sº 4235 3504 — 34 327 $º- 4236 3504 — 34 327 tº- 4237 3504 — 34 327 sº- 4238 3504 — 34 330 tºº 4.182 3508 1 34 386 tºº 9976 3508 2 34 386 º 9977 3508 3 34 386 anº 99.78 3508 4 34 386 tºº 99.79 3508 5 34 386 tºmº 99.80 3508 6 34 387 tº- 9.981 3508 7 34 387 º 9982 3508 8 34 387 tº- 9983 3509 — 34 387 3240 5963 3514 1 34 402 - 294 3514 1 34 402 * 299 3514 1 34 417 E- 3798 3514 1 34 418 sº 316 3514 1 34 427 tºmº 654 3514 4 34 448 --- 6672 3514 5 34 449 º-> 251 3514 6 34 449 – 252 3514 7 34 449 192 273 3515 3 34 450 -*- 3056 3516 — 34 451 5200 9761 3518 — 34 451 º 2659 3520 1 34 452 — 8459%b (7) 3520 2 34 452 — 8459%b(31) 3520 3 34 452 — 8459%b(35) 3520 4 34 453 — 8459%b (15) 3520 5 34 453 — 8459%b (22) 3520 6 34 453 — 8459%b(8) 3521 1 34 453 º 3904 3521 2 34 453 -- 3899 3523 — 34 454 — 225 3526 2 34 455 ſº-> 1849 3528 — 34 456 º 346 3536 — 34 460 º- 9388 3540 — 34 463 º 6860 3542 — 34 466 cºmmº 3788 Date Act. of 1906 June June June June June June June June June June June June June June June June June June June June June June June June June June June June- June June June June June June June June June June June June June June June June June June June June June June June June June June June . June June June June June June June June June June June June June June June June June June June June June June June June June June June 26 26 26 26 26 26 26 26 26 26 29 29 29 29 29 29 29 29 29 29 29 29 Stat. at Large. Ghap. Sec. Vol. Page." 3546 — 34 467 3546 — 34 474 3546 — 34 475 3546 — 34 476 3546 — 34 477 3546 — 34 477 3547 1 34 478 3547 2 34 478 3547. 3 34 479 3547 4 34 479 3547 5 34 479 3547 6 34 480 3547 7 34 480 3547 8 34 480 3547 9 34 480 3547 10 34 480 3547 11 34 480 3547 12 34 480 3547 13 34 481 3547 14 34 481 3548 — 34 481 3550 — 34 482 3554 — 34 517 3559 1 34 519 3559 2 34 519 3559 3 34 519 3.559 4 34 520 3559 5 34 520 3565 — 34 536 3569 — 34 539 3573 — 34 546 3574 — 34 546 3582 — 34 550 3583 1 34 551 3583 2 3 4 551 3583 3 34 551 3583 4 34 551 3585 — 34 552 3590 — 34 554 3590 — 34 554 3590 — 34 554 3590 — 34 554 3590 — 34 555 3590 — 34 555 3590 — 34 556 3590 — 34 564 3590 — 34 570 3590 — 34 571 3590 — 34 571 3590 — 34 577 3590 — 34 578 3590 — 34 579 3590 — 34 579 3591 1 34 584 3591 2 34 586 3591 2 34, 587 3591 3 34 589 3591 4 34 589 3591 5 34 590 3591 6 34 592 3591 7 34 593 3591 7 34 595 3591 7 34 595 3591 8 34 595 3591 9 34 595 3592 1 34 596 3592 3 34 596 3592 4 34 596 3592 5 34 598. 3592 6 34 598 3592 7 34 598 3592 8 34 599 3592 9 34 599 3592 10 34 599. 3592 11 34 599 3592 12 34 599 3592 13 34 600 3592 14 34 601 3592 15 34 601 3592 16 34 602 3592 17 34 602 3592 18 34 602 S ©C, Sec. R.S. Comp. St. 2 4 s 5 8 0 7297 7520 7388 7392 7382 7383 3628 3629 3630 3631 3632 3633 3634 3635 36.36 3637 3638 3641 3642 3643 4932 4927 5110 4720 4721 4722 4723, 4724 10252 5537 1335 10253 3726 102.50 10250 10250 8321 3261. 2642 2675 2828 2952 2852 2858 2587 630 288.1 2.885 2882 2722 27.27 619 2937 85.63 8569 8597 8582 8583 8584 8585 8592 8604a 8604aa. 8596 85.79 963 4351 4352 4353 4354 43.63 4364 4368 4369 4370 4371 4372 4373 4374 10242 10243 4375 CHRONOLOGICAL TABLE OF LAWS Date of Act. },906 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June - June June June June June June Jurfe June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 29 29 29 29 29 29 29 29 29 29 29 29 29 29 30 ... Stat. at Large. 2-—A. - Y Chap. Sec. Vol. Page. 3592 3592 3592 3592 3592 3592 3592 3592 3592 3592 3593 3593 3593 3594 3594 3594 3594 3607 3607 3607 3607 3608 361.2 3613 3613 3621 36.21 36.21 36.21 36.21 36.21 36.21 3624 3628 3912 3912 3.913 3.913 3.913 3.913 3.913 3.913 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3914 3915 3915 3915 3915 3915 3915. 3915 3915 3915 3915 3915 3915 3919 39.20 3923 3923 3934 3934 3934 3934 3934 3934 3934 23 602 602 602 603 603 603 603 603 606 606 607 607 607 607 608 608 608 616 617 617 617 618 620 620 621 626 626 627 628 628 628 628 630 632 659 663 679 684 684 690 695 696 722 727 727 730 743 750 753 753 753 754 762 762 763 763 764 768 768 768 769 769 769 769 771 771 771 772 772 797 798 800 800 814 814 815 815 815 816 816 Sec. [Page Sec. R.S. Comp. St. 4 7 1 10245 4376 4377 4378 4379 4380 4381 4382 4383 4366 5159 5160 516.1 8651 8652 8653 8654 5237 5239 5240 5241 1464 2767 3750 3751 99.892 99.89 h 99.89 C. 99.896 99.89e 99.89f 99899. 4384 9881 3349 47.43 8682 5143 5144 828 798 8897 4420 774 781 9332 9985 2203 1437 1438 1439 1399 6676 6676a 6744 3243 6763 8717 87.18 87.19 87.20 8721 87.22 8723 8724 8725 87.26 87.27 8728 8241 8580 9907 99.08 7687 7688 1123 7689 7690 7691 7692 Mch. 19061 June 30 June 30 June 30 June 30 June 30 Dec. 11 1907 Jan. 17 Jan. 18 Jan. 19 Jan. 25 Jan. 25 Jan. 25 Jan. 25 Jan. 25 Jan. 25 Jan. 25 Jan. 25 Jan. 26 Feb. 1 Feb. 6 Feb. 6 Feb. 6 Feb. 6 Feb. 8 Feb. 19 Eeb. 22 Eleb. 25 Feb. 25 Feb. 26 Feb. 26 IFeb. 26 Feb. 27 Feb. 27 Feb. 27 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large. Ghap. Sec. Vol. Page." 3934 7 34 815 3934 8 34 816 3934 9 34 816 3935 — 34 816 3938 — 34 817 1 — 34 841 150 — 34 849 153 — 34 850 300 1 34 850 397 1 34 861 397 2 34 861. 397 3 34 861 397 4 34 861 397 5 34 861 397 6 34 862 397 11 34 863 398 — 34 864 420 – 34 864 441 — 34 870 468 1 34 879 468 2 34 879 468 3 34 879 471 — 34 880 892, — 34 881 991 — 34 897 1184 — 34 923 1189 — 34 928 1198 — 34 931 1635 1 34 949 1635 4 34 993 1638 6 34 997 2073 — 34 997 2073 13 34 1000 2077 — 34 1001 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 1 34 1012 2284 4 34 1014 2284 5 34 1014 2285 — 34 1016 2285 — 34 1016 2285 — 34 1016 2285 — 34 1016 2285 — 34 1016 2285 — 34 1016 2285 — 34 1017 2285 — 34 1018 2285 — 34 1018 2285 — 34 1018 2285 — 34 1019. 2285 — 34 1020 2285 — 34 1020 2285 — 34 1027 2286 — 34 1052 2507 — 34 1062 2508 — 34 1063 2508 — 34 1063 2509 1 34 1110 2509 1 34 1111 2509 5 34 1119 2511 — 34 1158 2511 — 34 1159 2511 — 34 1159 2511 — 34 1160 2511 — 34 1160 2511 — 34 1161 2511 — 34 1162 2511 — 34 1163 2511 — 34 1163 2511 — 34 1165 2511 — 34 1166 2511 — 34 1167 2511 — 34 1167 Sec. Sec. R.S. Comp. St. 4 4 7693 7694 7695 534 3095 6864 85.11 7138 7847 1727 1728 1729 1730 1731 1732 1737 8200 10251 9333 8964 8965 8966 5369 8159 8208 3155 968 968 389 36 8456 968 1440 10017 6955 6956 7032 7033 7034 7035 71.64 7180 7181 7139 7036 4033 4047 4065 4066 4114 4239 4142 4179 4225 716.1 4029 3994 3997 4126 4765 6770 2210 2236 9885 9.887 98.91 1769 2166 6704 1756 2011 1770 347 1834 2067 2176 6613 2123 6767 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1907 Mch. Mch. Meh. Mch. Mch. MIch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. IMCh. Mch. Mch. IMch. Mich. Mch. Mch. Mich. IMCh. Mch. Mch. Mch. IMIch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Stat. at Large. r ap. 2511 2511 2511 2511 2511 2511 2511 2512 2512 2512 2512 2512 2513 2513 2513 2513 2513 2513 2513 2513 2515 2516 2516 2516 2516 2516 2516 2518 2523 2523 2527 2527 2527 2534 2534 2534 2534 2534 2534 2534 2537 2537 2537 2537 2539 2559 2559 2561 2562 2562 2562 2562 2563 2564 2568 2571 2571 2571 2573 2573 2575 2907 2.907 2907 2907 2907 2907 2907 2907 2907 2907 2907 2907 2907 2.913 2.913 2.913 2.913 29.18 Sec. Vol. Page." 1168 1170 1170 1171 1172 1174 1175 1176 1193 1193 11.95 1200 1206 1206 1212 1212 1212 1213 1214 1215 1217 1218 1218 1218 1218 1218 1218 1219 1221 1221 1224 1224 1224 . 1228 1228 1228 1229 1229 1229 1229 1232 1232 1232 1232 1233 1243 1243 1244 1245 1245 1245 1245 1245 1246 1248 1250 1250 1250 1251 1252 1253 1258 1260 1269 1269 1270 1271 1280 1280 1280 1281 1281 1281 1281 1289 1289 1290 1290 1309 5 Sec. R.S. 5 1 5 3 Sec. Comp. St. 2118 1976 6700 2.108 9211 3060 6768 2588 6871 2882 650 2931 . 599 7236 7487 7498 7501 7247 7539 7298 2084 5266 5267 5268 5269 5271 5273 5205 4078 4079 4579 4580 4581 3958 3959 3960 3961 39.62 3963 3964 4519 4520 4521 4522 10250 5051 5052 7293 4487 4488 4489 4490 4481 1704 4542 6133 6134 6135 9490 9491 968 848 8681 831 5122 5.146 5135 799 801. 803 809 832 833 8877 6567 6489 96.91 97.09 366 IPage 1907.] Stat. at Large. Date of 2– Act. Chap. 1997 Mch. 4 29.18 Mch. 4 29.18 Mch. 4 29.18 Mch. 4 2918 Mch. 4 29.18 Mch. 4 2918 Mch. 4 2918 Mch. 4 29.18 Mch. 4 2918 Mch. 4 29.18 Mch. 4 - 2918 MCh. 4 29.18 Mch. 4 2.919 Mch. 4 2920 Mch. 4 2920 Mch. 4 2929 Mch. 4 2929 Mch. 4 2939 . Mch. 4 2939 Mch. 4 2939 Mch. 4 2939 Mch. 4 2940 1908 IMCh. 10 75 MCh. 10 76. Mch. 16 88 IMCh. 24 96 MCh. 24 96 MCh. 26 99 MCh. 26 99 Mch. 26 99 1MCh. 26 99 Mch. 26 99 Mch. 26 102 IMCh. 26 102 Mch. 26 102 MCh. 28 112 Mch. 28 112 Mch. 28 112 Apr. 2 123 Apr. 2 124 Apr. 13 143 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 16 145 Apr. 19 147 Apr. 19 147 Apr. 19 147 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 22 149 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 23 150 Apr. 28 151 Apr. 28 151 Apr. 28 151 - → Sec. Vol. Page. 1315 1315 1322 1329 1338 1356 1360 1360 1360 1365 1367 1371. 1398 1406 1406 1411 1412 1415 1416 1416 1417 1417 Sec. Sec. R.S. Comp. St. 5795 8140 8555 6780 3613 451 432 1441 1442 3383 6677 3330 7119 8949 8967 8188 81.89 8677 8678 86.79 8680 980 5000 1293 4868 7823 7824 85.26 8529 8538 8530 8543 4491 4492 4493 4681 4682 4683 8225 3714 85.63 8459%b(9) — 8459%b (28) — 8459%b (10) —8459% b (11) — 8459%b (12) — 8459%b(29) — 8459%b (30) —8459%b(20) — 8459%b(38) — 8459%b (18) — 8459%b(13) — 8459%b (39) — 8459%b (61) — 8459%b (14) 89.83 8984 8985 8657 8658 8659 8660 8661 8662 8663 8664 8665 1807 1808 1809 1810 1814 1816 1817 1818 8231 8232 8233 4 6 3 = CHRONoLOGICAL TABLE OF LAWS Date of Act. 1908 Apr. 28 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 29 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 Apr. 30 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 11 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 13 May 14 May 14 May 14 May 14 May 14 RIay 16 May 16 May 18 May 20 May 20 May 20 May 20 May 20 May 20 May 20 May 20 May 21 IPage 19081 r Stat. at Large. S Sec. Sec. Date of Chap. Sec. Vol. Page. R.S. Comp. St. dos - º 1960 151 4 35 69 sº 8234 || May 22 152 1 35 70 eºs- 3912 May 22 152 2 35 70 sºsº 7813 || May 22 152 3 35 70 — 3913 May 22 152 4 35 70 tº-º-º-º: 3914 || May 22 152 5 35 70 tºº 3915 || May 23 153 — 35 71 - 4020 May 23 153 – 35 71 º 4040 May 23 153 — 35 72 sº 41.70 || May 23 153 — 35 73 tº- 726 || May 23 153 — 35 73 º 4050 | May 23 153 — 35 73 amº 4068 May 23 153 — 35 73 — 10067 May 23 153 — 35 75 — 4028. May 23 162 1 35 102 º 3615 May 23 162 2 35 102 tº- 3616 May 23 162 3 35 103 summ 3617 May 23 162 4 35 103 ſº- 3618 May 23 162 5 35 103 º 3619 || May 26 162 6 35 104 — 3620 | May 27 162 7 .35 105 s- 3621 May 27 163 — 35 108 sº 2090 May 27 163 — 35 108 tº- 2092 || May 27 163 -*. 35 108 tº- 2165 May 27 . 163 — 35 108 * 2266 || May 27 163 – 35 108 1267 2112 || May 27 163 — 35 109 — 2144 May 27 163 — 35 109 == 2145 || May 27 163 — 35 110 * 2095 || May 27 163 – 35 110 * 2146 May 27 163 — 35 110 º 2147 May 27 163 — 35 110 *- 2148 || May 27 163 — , 35 110 * 2299 - 163 — 35 110 48.19 sºil; ; 163 — 35 114 *- 2996 || May 27 163 — 35 117 º §§§ May 27 163 — 35 122 tº- 93.96 || May 27 r y 163 — 35 125 tº- #993 || May 27 163 — 35 125 - $35 | May 27 166 – 35 127 º 3.4 May 27 166 — 35 128. gºes 3% | May 27. 166 — 35 128 tºº-ºº. 2646 i. 27 166 — 35 128 º 2815 i. # 166 – 35 128 º 2817 | May 166 — 35 128 sº 2:20 May 27 166 — 35 128 - 2:2; May 27 166 — 35 128 * 2327 | May 27 166 — 35 128 == 2329 || May 27 166 — 35 128 sº 2831|| May 27 166 — 35 128 º * 2343 |May 27 166 — 35 128 tº- 2856 May 27 166 — 35 128 smmº 2870 |May 27 166 – 35 128 *º-e 2893 May 27 166 — 35 146 *º 2513 || May 27 166 — 35 153 *= 627 May 27 166 – 35 153 tºmºs 2750 May 27 166 — 35 153 cº- 2751 || May 27 166 — 35 153 * =º 2900 || May 27 166 — 35 155 — 291.3 |May 27 166 — 35 155 tºº 2914 || May 27 166 — 35 159 tº-º 2771 May 27 168 4 35 162 º 84.40 May 28 168 5 35 162 tºº 8441 May 28 168 6 35 162 tº sº. 8442 May 28 168 7 35 162 tº- 8443 || May 28 168 9 35 163 tº- 8448 || May 28 170 — 35 163 *º- 8786 May 28 171 — 35 163 - 1742 May 28 173 1 35 164 gººse 6462 | May 28 181 1 35 169 — 4970 May 28 181 2 35 169 — 4971 || May 28 181 3 35 170 *=º 4972 May 28 181 4 35 170 ºmº 4973 || May 28 181 5 35 170 * 4974 May 28 181 6 35 170 *mº 4975 May 28 181 7 35 171 *- 4976 May 28 182 — 35 171 == 647 May 28 183 — 35 180 sº 3156 May 28 *Appendix. Stat. at Large. See. Sec. Ghap. Sec. Vol. Page." R.S. Comp.St. 186 186 186 186 186 188 189 192 192 192 192 192 192 192 192 192 192 192 198 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 201 201 204 204 205 206 206 206 206 206 206 206 206 206 206 206 206 206 206 208 208 208 208 211 211 211 211 212 212 212 212 212 212 212 212 212 I 35 188 1 35 218 1 35 22:5 1 35 225 4 35 244 — 35 245 – 35 246 – 35 254 – 35 256 – 35 257 – 35 259 – 35 259 – 35 260 — 35 261 — 35 264 – 35 265 — 35. 267 – 35 267 1 35. 274 1 35 321 1 35 322 1 35 324 , 1 35 325 1 35 325 1 35 327 1 35 343 1 35 347 1 35' 350 1 35 350 1 35 355 1 35 355 1 35 356 1 35 365 1 35 367 1 35 373 1 35 374 1 35 375 1 35 375 1 35 376 1 35 377 1 35 380 1 35 382 1 35 382 1 35 392 3 35 392 6 35 401 7 35 401 3 35 406 – 35 407 – 35 408 — 35 411 — 35 412 – 35 413 – 35 415 – 35 415 – 35 415 – 35 415 — 35 415 — 35 416 – 35 416 — 35 417 — 35 418 — 35 419 – 35 419 — 35 419 — 35 419 1 35 424 2 35 424 3 35 424 4 35 424 1. 35 424 2 35 425 3 35 425 4 35 425 5 35 425 7 35 426 8 35 426 9 35 428 10 35 428 3 6 8 9. : : : : : -: 5= 3817 3329 692 694 277 9440 94.29 8716 8742 8743 5154 6650 5149 839 829 830 807 5274 6799 8537 8935. 8616. 5936 8641 6937 9482 4689 4744 4745 . 3346. 3347 3350 5227 6701 2871 6720 1432 1443 1406 1453 | 9391 6974 6983 1748 1750 3049 3052, 5593 7224 7234 6384. 7429 7244 609 7601 6645 6646 7209 7571 10381 7.256 605 90.98 9101 910.4 91.19 5075 5076 5077 5078 5489 8200 8237 82.38 7808 7761 9935 * 81.68 8178 CHRONOLOGICAL TABLE OF LAWS's [Page 1909] Stat. at Large. Date of ,- y Sec. Sec. Date of Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. 1908 - - 1909 May 28 212 11 35 428 - 8179 | Feb. 19 May 28 212 12 35 428 dº- 8180 | Feb. 19 May 28 212 13 35 428 - 8181 | Feb. 19 May 28 212 14 35 428 -º 7969 | Feb. 19 May 28 212 15 35 429 Q- 79.70 | Feb. 19 May 28 214 — 35 430 mº- 2267 | Feb. 19 May 28 214 — 35 431 tº- 2271 | Feb. 19 May 28 214 — 35 436 — 2252 | Feb. 23 May 28 214 — 35 441 *º 2234 | Feb. 23 May 28 215 14 35 443 º 3098 || Feb. 24 May 29 216 — 35 444 tº- 4224 | Feb. 24 May 29 220 7 35 466 - 4577 | Feb. 24 May 29 220 14 35 468 2238 4473(10) | Feb. 24 May 29 220 15 35 469 461 711 Feb. 25 May 30 223 — 35 474 -> 6430 | Feb. 25 May 30 225 1 35 476 tº- 8624 | Feb. 26 May 30 225 2 35 476 - 8625 | Feb. 26 May 30 225 3 35 476 - 8626 Feb. 26 May 30 225 4 35 476 - 8627 | Feb. 27 May 30 225 5 35 476 º- 8628 Feb. 27 May 30 225 6 35 476 cº-º 86.29 | Feb. 27 May 30 227 1 35 501 - 2894 | Feb. 27 May 30 228 6 35 537 - 6795 | Feb. 27 May 30 228 34 35 545 - 6887 | Mch. 1 May 30 229 9 35 550 5214 97.79 Mch. 1 May 30 229 10 35 551 - 9709 | Mch. 1 May 30 229 11 35 551 5172 9714 | Mch. 1 May 30, 229 12 35 552 —- 9752 | Mch. 2 May 30 229 14 35 552 tº-sº 9692 | Mch. 2. May 30 229 15 35 552 *- 9693 Mch. 2 May 30 230 — 35 553 - 9066 | Mch. 2 May 30 231 1 35 553 º- 8512 Mch. 2 May 30 231 2 35 554 - 8513 | Mch. 2 May 30 233 — 35 554 *-º 5163 Mch. 2 May 30 234 1 35 554 - 10402 | Mch. 2 May 30 234 2 35 555 tº- 10403 | Mch. 3 May 30 234 3 35 555 * 10404 || Mch. 3 May 30 234 4 35 555 º-º 16405 | Mch. 3 May 30 234 § 35 555 tº- 10405 | Mch. 3 May 30 235 — 35 555 , — 10199 || Mch. 3 Dec. 11 1 — 35 581 - 8468 Mch. 3 Dec. 19 6 — 35 583 — 7997 | Mch. 3 Dec. 19 6 2 35 584 *º 7998 || Mch. 3 1909 Mch. 3 Jan. 11 15 — 35 585 tº-º 1126 | Mch. 3 Feb. 2 58 1 35 592 4839 92.93 | Mch. 3 Feb. 4 65 — 35 594 - 6123 | Mch. 3 Feb. 6 80 7 35 601 - . 3592 | Mch. 3 Feb. 6 80 7 35 601 * 3611 | Mch. 3 Feb. 6 82 . 1 35 613 4153 77.30 Mch. 3 Feb. 6 82 2 35 613 4153 7730 MCh. 3 Feb. 9 100 1 35 614 - 8800 | Mch. 3 Feb. 9 100 2 35 614 º 8801 || Mch. 3 Feb. 15 127 — 35 619 tº- 1237 |"Mch. 3 Feb. 16 131 1 35 621 - 2987 Mch. 3 Feb. 16 131 2 35 621 -º 2988 || Mch. 3 Feb. 16 131 3 35 621 wº- 2989 Mch. 3 Feb. 16 131 4 35 621 -- 2990 | Mch. 3 Feb. 16 131 5 35 621 tº- 2991 | Mch. 3 Feb. 16 131 6 35 621 -º- 2992 || MCh. 3 Feb. 16 131 7 35 621 * 2993 Mch. 3 Feb. 16 131 8 35 621 --> 3017 | Mch. 3 IFeb. 16 131 9 35 621 * 3025 || MCh. 3 Feb. 16 131 10 35 621 tº-ºn 3006 | Mch. 3 Feb. 16 131 11 35 621 - 3035 | Mch. 3 Feb. 16 131 12 35 622 * 3036 Mch. 3 Feb. 16 131 13 35' 622 * 3039 || Mch. 3 Feb. 16 131 14 35 622 e- 3002 | Mch. 3 Feb. 16 131 15 35 622 - 2953 | Mch. 3 Feb. 16 131 16 35 622 - 3038 || Mch. 3 Feb. 16 131 17 35 623 * 3022 Mch. 3 IFeb. 16 132 — 35 623 *- 9936 MCh. 3 Feb. 17 137 1 35 626 *ºs 285 i Mch. 3 Feb. 17 137 2 35 626 -º 286 Mch. 3 IFeb. 18 143 – 35 626 tº- 5139 MCh. 3 Feb. 18 144 – 35 627 *gh 9487 | Mch. 3 Feb. 18 144 – 35 628 - 94.85 | Mch. 3 Feb. 18 146 — 35 636 tº- 3042 | Mch. 3 Feb. 18 150 1. 35 638 tº- 4690 | Mch. 3 Feb. 19 160 1 35 639 --> 4563 Stat. at Large. Chap. Sec. Vol. Page." 160 160 160 160 160 160 161 174 174 178 178 180 181 191 193 215 217 217 224 224 224 224 224 232 232 232 232 235 235 235 235 242 243 244 244 251 252 252 252 252 252 252 252 252 252 252 252 252 252 .255 255 255 255 255 255 255 255 255 255 255 255 263 263 263 263 263 263 263 263 264 264 264 264 264 266 269 269 269 269 639 639 639 639 640 640 644 644 644 645 645 645 647 649 656 657 657 658 658 658 658 658 667 669 670 670 672 673 679 681 685 686 687 687 730 733 735 737 3 8 1 6 738, 74.1 742 745 747 748 750 750 751 751 753 754 754 755 756 768 769 771 771 773 774 776 781 783 783 783 783 784 784 798 818 818 819 820 821 837 838 838 838 839 4 4 3 4 Sec. R.S. Comp. St. Sec. 4564 4565 4566 4567 4568 4568a, 1422 6645 6646 4693 4694 4813 4780 4928 8592 968 9.407 94.08 10032 100.33 100.34 1003.5 10036 7521 7299 7252 71.93 3121 3131 7696 3157 968 968 8197 8198. 3097 2017 2165 1811 2295 2012 2124 2013 6620 9210 3.106 6621 1850 3105. 2643 2794 6706 2.795 3040 2810 651 2558 2712 2761 2849 2932 4189 724 4.180 4180a. 4220 4001 4213 4205 9931 9860 99.90 9880 99.89 3609 1215 1223 3727 3564 CEIRONOLOGICAL TABLE OF LAWS. Date of - Act. 1909 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MGh. Mch. Mch. Mch. Mch. MCh. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. IMch. TMCh. Mch. Mch. Mch. IMſch. MCh. Mch. Mch. Mch. IMch. IMCh. Mch. Mch. IV[Ch. Mch. Mch. Mich. Mch. IMGh. Mch. IPage 1910] Stat. at Large. r Chap. 269 269 269 269 269 269 270 271 . 297 297 297 297 297 297 297 297 298 299 299 299 299 299 299 299 299 299 299 299 299 299 299 299 299 299 299 301 301 301 301 302 302 313 313 314 317 319 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 320 Sec. : -4 i º 12 Vol. 1084 — Sec. Sec. Page. R.S. Comp. St. 840 e- 3567 841 *- 3568 841 -- 3573 841 *º- 3570 842 *s- 430 843 tº- 1444 844 sº- 4665 845 — 4824 858 *mº- 150 859 *mº 224 861 mºmmº 287 866 mº-2 445 867 º-º 499 887 tº- 3987 891 *- 738 907 ºmº 6673 924 t- 747 959 - 6928 972 amº 8444 973 mºtº- 8430 974 i- 8556 982 tº- 943 982 tºº 4243 988 º- 7106 989 tº- 782 994 *º- 3358 997 º- 3348 1004 tº- 92.16 1021 --- 7008 1021 dºmººl 71.67 1024 tº- 7001 1024 tºº 7005 102.7 - 6737 102.7 mº 6614 102.7 ºmº- 6782 1053 - 825 1054 º- 6652 1057 sº- 808 1057 *º- 834 1058 i- 8986 1058 -- 90.17 1064 tºmº- 8549 1065 - 85.50 1065 *s- 473 1067 sº- 7047 1075 ſº- 3103 1075 *- 9517 1076 — . 9518 1076 - 9519 1076 tº- 9520 1076 - 9521 1077 - 9522 1077 - 9523 1077 *- 95.24 1077 tº- 9530 1078 ammº- 9531 1078 *º 9532 1078 sº 9533 1078 *- 95.34 1078 -- 95.35 1078 - 9536 1079 *- 9537 1079 - 95.38 1079 tº- 9539 1079 wº- 95.40 1080 º- 9541 1080 --> 95.42 1080 -> 9543 1080 - 9544 1080 *. 95.45 1081 - 95.46 1082 *- 9547 1082 - 95.48 1082 *- 9549 1082 — 9550 1082 º- 9551 1082 tº- 9552 1083 *s- 9553 1083 *-> 9554 1084 *m-. 9555 tº- 9556 Date of Act. | 909 . Mch. MCh. Mich. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. . Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large. Ghap. Sec. Vol. Page." 320 36 35 1084 320 37 35 1084 320 38 35 1084 320 39 35 1084 320 40 35 1084 320 41 35 1084 320 42 35 1084 320 43 35 1084 320 44 35 1084 320 45 35 1085 320 46 35 1085 320 47 35 1085 320 48 35 1085 320 49 35 1085 320 50 35 1085 320 51 35 1085 320 52 35 1085 320 53 35 1085 320 54 35 1086 320 55 35 1086 320 56 35 1086 320 57 35 1086 320 58 35 1086 320 59 35 1087 320 60 35 1087 320 61 35 1087 320 62 35 1087 320 63 35 1088 321 1 35 1088 321 2 35 1088 321 3 35 1088 321 4 35 1088 321 5 35 1088 321 6 35 1089 321 7 35 1089 321 8 35 1089 321 9 35 1089 321 10 35 1089 321 11 35 1090 321 12 35 1090 321 13 35 1090 321 14 35 1090 321 15 35 1091 3.21. 16 35 1091 321 17 35 1091 321 18 35 1091 321 19 35 1092 321 20 35 1092 321 21 35 1092 321 22 35 1092 321 23 35 1092 321 24 35 1092 321 25 35 1092 321 26 35 1093 321 27 35 1094 321 28 35 1094 321 29 35 1094 321 30 35 1094 321 31 35 1094 321 32 35 1095 321 33 35 1095 321 34 35 1095 321 35 35 1095 321 36 35 1096 321 37 35 1096 321 38 35 1096 321 39 35 1096 321 40 35 1096 321 41 35 1097 321 42 35 1097 321 43 35 1097 321 44 35 1097 321 45 35 1097 321 46 35 1097 321 47 35 1097 321 48 35 1098 321 49 35 1098 321 50 35 1098 321 51 35 1098 321 52 35 1098 321 53 35 1098 321 54 35 1099 321 55 35 1099 SAAWI (IO (IIIQIVAL 'IVOIE) O'IONO3HPIO I690T 0680 I 6880T 8880T 1,880T 98.80T g880T #880T 3880T Z880T T880T 0880T 6180T 8),80T A,80T 9),80T g180T iſ 1,80T 31,80T 31,80T T],80T 0),80T 6930T 893OT 1,980T 9930T Q980T #930T 8980T £980T T930T 0930T 6980T 89.30T A.980T 99.80T 9930T #990T 3930'ſ Ž980T '[980T 0980T 6#80T 8#30T J.;80T 9; 301 gî 30T ##30T 3780ſ Z; 30T T; 30T Of 30T 6880T 88.80T 1,880T 9330L g880T #880T 88.80T Č880T T380T 0880T 6Z80T 8380T 1,380T 9330L 9%80T #380T 8380I. 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J.0TT 93 90T TZ3 # 1,30T * 1,0TT 93 90T T38 81,30T -º-> 1,0TT 98 y0T Izg 31,30T - 1,0TT 93 30T TZ3 T1,30T ºmº J,0TT 98 Z0T T38 69%0T -sº 2,0TT 98 TOT TZ3 89301 -*s J,0IT 93 00T TZ3 1,930T -: 90TT G8 66 T38 99%0T — 90TT 98 86 IZ3 99%0T *ss 90TT 98 1.6 T38 #930T -º 90TT 93 96 IZ8 89301 --- 90TT G3 G6 T38 39%0T - 90TT G8 #6 I38 T930T º 90TT g8 86 T38 0930T º 90IT 98 36 T38 6930T *-* G0II G8 I6 T38 89.30T º 90TT 93 06 T38 M930T º G0IT 93 68 T38 9930T cºme 90 II G8 88 I33 9930T - G0IT 93 1.8 T38 #930T sºns 90TT 93 98 T38 3930T *= #0TT G3 G3 T38 ZG%0T º #0TT g3 #8 T38 IGGOT º-Eº 30II g8 88 T38 0930T -º 80TT 93 38 T38 6%0T — 80TT G8 IS T38 83730 T ºm 80II gº 08 TZ3 1,730T g-sºº 80TT 93 6), T38 97%0T -*s 80TT 93 81, T38 g?30T ºme 30TT 98 L1, T38 ##30T º Z07 T 93 9/, TZ3 3730T ſºmºse 30TT 98 g/, T38 Číž0T - Z0TT 98 71. TZ8 I#30T -, T0TT 98 8), IZ8 0%0T * TOTT 98 & 1, TZ3 68ZQI -ººººm TOTT 98 TV, T38 8330T º TOIT 93 0), TZ8 1,830T &=º TOTT 93 69 TZ3 9330T - TOIT G8 89 T38 9330T --> 00IT 93 1.9 T38 #3%0T * 00TT 98 99 T38 88%0T ºms 00IT 93 99 T38 3820I º 00TT 93 #9 TZ3 I830T -ºº. 00IT 93 89 T38 0830T º 00TT 98 39 T38 63%0T -º- 880T g3 T9 TZ3 8330T tº- 660T 93 09 TZ3 9%0T ºsmºn 660T G3 69 T38 GZZOT -º- 660T 93 89 T38 #360T º 660T g8 1.9 IZ3 8330. I º 660T 93 99 T38 *S*duop *S*H "25ed. ‘IoA “oes daug °ooS °ooS S IIL6I estrºłI *aš.It?rſ 443 °4t;4S. *UIOIAI *Uſo]WI ‘UIOTWI *UIOIAI *UIOIAI “UoTWI ‘UIOIWI "UoTAI *UſoIWI ‘UIOIN *UIOIAI "UIQIAI *UIOIAI *UIQIAI *UIOIAI 'uow. *UIOIAI *UIOIWI *UIOIAI ‘UIoW "UIOIAI *UIOIAI ‘UIOIAI *UIOIAI *UIOIAI "UIOIAI *UIOWI *UIQIAI *UIOIAI *UIQIAI ‘UIOIAI *UIOIAI *UIOIAI *UIoIAI *UIOIAI *UIOIAI *UIOWI *UIOIAI *UIOIAI *UIOIAI *UIOTWI "UIQIAI “UIOIWI *Uſoſ.WI *UIQIAI *UIOFWI *UIOIAI *UIOIAI *UIOIAI ‘UIOTWI *UIOIWI *UIOIAI *UIOIAI "UIOWI *UIOTAI *UIOIWI *UIOIAI ‘UIOJWI *UIQIAI *UIOIAI *UIOIWI ‘UIOIAI *UIOIAI *UIOTWI *UIQIAI *UIOIAI *UIOIAI *UIOTWI "UIoIAI *UIOIAI ‘UIQIWI *UIOTWI *UIQTVI *UIOIAI *UIOIN *UIOTWI *UIOTWI *UIOIAI *UIQWI *UIOIN *UIOTWI ‘UIOIAI *UIOTAI 606T. *}oW go 94t;OI CHRONOLOGICAL TABLE OF LAWS Date of Act. 1909 Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mch. |M.Ch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. Mich. Mich. IVIch. Mſch. Mich. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mich. MCh. MIch. Mch. Mch. MCh. Mch. MCh. Mch. Mch. MCh. MIch. IMIch. Mich. Mch. MIch. Mch. MIch. Mich. |M.Ch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. Mich. Mch. [Page 1912] Stat. at Large. r- - Chap. Sec. 321 222 35 1133 321 223. 35 1133 321 224 35 1133 321 225 35 1133 321 226 35 1134 321 227 35 1134 321 228 35 1134 321 229. 35 1134 321 230, 35 1134 321 231 35 1134 321 232 35 1134 321 233 35 1135 321 234 35 [135 3.21. 235 35 1135 321 236 35 1136 321 237 35 1136 321 238 35 1136 321 239 35 1136 321 240 35 1137 321 241 35 1137 321 242 35 1137 321 243 35 1137 321 244 35 1138 321 245 35' 1138 321 246 35 1138 321 247 35 1139 321 248 35 1139 321 249 35 1139 321 250 35 1139 321 251 35 1139 321 252 35 1139 321 253 35 1139 321 254 35 1140 321 255 35 1140 321 256 35 1140 321 257 35 1140 321 258 35 1140 321 259 35 1140 321 260 35 1140 321 261 35 1141 321 262 35 1141 321 263 35 1141 321 264 35 1141 321 265 35 1141 321 266 35 1141 321 267 35 1141 321 268 35 1141 321 269 35 1142 321 270 35 1142 321 271 35 1142 321 272 35 1142 321 273. 35 1143 321 274 35 1143 321 275 35 1143 321 276 35 1143 321 277 35 1143 321 278 (35 1143 321 279 85 1143 321. 280 35 1143 321 281 35 1144 321 282 35 1144 321 283 35 1144 321 284 35 1144 321 285 35 1144 321 286 35 1144 321 287 35 1144 3.21. 288 35 1145 321 289 35 1145 321 290 35' 1145 321 291. 35 1145 321 292 35 1146 321 293 35 11.46 3.21. 294 35 1146 321 295 35 1146 321 296 35 1146 321 297 35 1146 321 298 35 1147 321 299 35 1147 321 300 35 1147 321 301 35. 1147 321 302 35 1147 321 303 35 1147 321 304 35 1147 Sec. vol. Page." R.S. Comp. St. i 10392 103.93 10394 10395 103.96 10397 10398 103.99 10400 10401 10402 10403 104.04 10405 10406 10407 10408 104.09 10410 104.11. 10412 10413 10414 104.15 104.19 10420 10421 10422 10423 104.24 104.25 10426 10427 10428 10429 10430 10431 10432 10433 10434 10435 10436 10437 10438 10439 10440 10441 10442 10443 10444 104.45 104.46 10447 10448 10449 10450 10451 10452 10453 10454 10455 10456 10457 10458 10459 10460 10461 10462 10463 10464 10465 10466 10467 10468 10469 10470 10471 10472 10473 10474 10475 10476 10477 Date of Act. 1909 Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July Aug. Aug. Aug. Aug. Aug. Aug. Stat. at Large. - ðhap. Sec. Vol. Page." 321 305 35 1147 321 306 35 1148 321 307 35 1148 321 308 35 1148 321 309 35 1148 321 310 35 1148 321 311 35 1148 321 312 35 1149 321 313 35 1149 321 314 35 1149 321 315 35 1149 321 316 35 1149 321 317 35 1149 321 318 35 1149 321 319 35 1149 321 320 35 1150 321 321 35 1150 321 322 35 1150 321 323 35 1151 321 324 35 1151 321 325 35 1151 321 326 35 1151 321 327 35 1151 321 323 35 1151 321 329 35 1151 321 329 35 1151 321 330 35 1152 321 331 35 1152 321 332 35 1152 321 333 35 1152 321 334 35 1152 321 335 35 1152 321 336 35 1152 321 337 35 1152 321 338 35 1153 321 339 35 1153 321 340 35 1153 321 341 35 1153 321 342 35 1159 321 343 35 1159 321. 344 35 1159 321 345 35 1159 2 1 36 1. 2 2 36 2 2 3 36 2 2 4 36 2 2 5 36 2 2 6 36 2 2 7 36 3 2. 7 36 3 2 8 36 3 2 9 36 4 2 10 36 5 2 11 36 5 2 12 36 5 2 13 36 6 2 14 36 6 2 15 36 6 2 16 36 6 2 17 36 7 2 18 36 7 2 19 36 7 2 20 36 7 2 21 36 8 2 22 36 8 2 23 36 8 2 24 36 9 2 25 36 9 2 26 36 . 9 2 27 36 9 2 28 36 10 2 29 36 10 2 30 36 10 2 32 36 10 2 33 36 - 10 4 1 36 11 4 2 36 11 6 . 28 36 91 6 28 36 91 6 28 36 91 6 28 36 91 6 28 36 91. 6 28 36. CEIRONOLOGICAL TABLE OF LAWS Date of Act. 1 9 g 9 - Aug. 1910 Feb. 4 Feb. 4 Feb. 15 Feb. 15 Feb. 15 Feb. 15 Feb. 15 Feb. 15 Feb. 15 Feb. 24 Feb. 24 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 Feb. 25 MCh. 2 Mch. 5 Mch. 8 Mich. 8 Mch. 8 Mch. 15 MCh. 23 MCh. 23 MCh. 23 MCh. 23 Mch. 23 Mch. 23 MCh. 23 MCh. 23 Mch. 23 Mch. 23 MCh. 23 Mch. 23 MCh. 2 Apr. 4 Apr. 4 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 5 Apr. 9 Apr. 1 1913] - Date of Stat. at Large. f Chap. 115 134 140 140 140 140 140 140 140 143 143 143 152 155 Sec. Vol. [Page —N Sec. Sec Page. R.S. Comp. St 91 --- 1185 91 º 1186 91 -mm 1187 91 - 1.188 91 - 1189 91 tºº 1190 98 - 5593 105 ºmº 1179 105 - 1180 105 *º 1181 105 * 1182 105 --- 11.83 105 -º 1184 105 cºmmº- 1185 105 - 1186 105 sºmº 1187 105 - 1.188 105 - 1189 105 -º-º: 1190 108 -*- 519 108 3362 6169 109 3368 6174 109 3392 6202 110 3394 6204 110 -º-º: 6175 111 *sº 7811 1.11 42.19 7812 117 - 6828 117 --> 6824 119 º 293 125 t- 3301 126 º 4404 192 sºmeº 6830 192 º-sº 6831 193 º 4516 194 - 98.50 194 -º 9851 194 --- 9852 194 tºº 9853 194 - 98.54 194 -: 9855 201 tº-s 968 202 º 968 214 tºº 1179 214 tº-mº 1182 214 tº-g 1183 216 mºs 1181 217 º 7140 227 * 43.87 231 246 380 233 - 1035 234 - 7814 234 1342 2308a.(119) 234 1342 2308a.(120) 237 ºsmºs 4695 241 sººn 3.295 241 tºmº 3.296 244 sºmº, 2109 248 -º- 348 249 tº-sº * 1832 252 º 2125 254 º 2134 255 *s 2135 255 - 2136 257 - 1952 261 tº-f 3063 261 -º- 6854 267 º 1261 270 º- 4080 270 tºº. 686 270 sºmºs 4205a, 270 mº 4205b 271 * 4205C 272 wº 4014a. 272 º 42050 291 -º- 1010 291 $º 8662 291 - 8665 294 773 1299 296 ſº-mº 4953 Act. T.910 Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. | Apr. Apr. Apr. Apr. Apr. May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May May June June June June June June June June June June June June *Appendix. 26 26 26 2 6 27 10 10 9 Stat. at Large. dhap. Sec. Vol. Page' 155 2 36 296 . 155 3 36 296 155 4 36 296 155 5 36 296 157 1 36 297 157 2 36 297 160 1 36 298 160 2 36 298 160 3 36 298 160 4 36 299 160 5 36 299 160 6 36 299 164 1 36 300 164 2 36 300 174 — 36 312 17.4 — 36 312 174 — 36 323 174 — 36, 324 182 2 36 326 183 1 36 826 183 2 36 326 183 3 36 327 183 4 36 327 183 5 36 327 183 6 36 327 183 7 36 328 183 9 36 .328 191 1 36 331 191 2 36 331 191 3 36 331 191 4 36 332 191 5 36 332 191 6 36 332 191 7 36 332 . 191 8 36 333 191 9 36 334 191 10 36 334 191 11 36 334 191 12 36 335 191 13 36 335 204 — 36 349 208 1 36 350 208 2 36 350 208 3 36 351 208 4 36 351 208 5 36 351 208 7 36 351 226 1 36 3.54 226 2 36 3.54 230 — 36 359 230 — 36 362 230 — 36 362 230 — 36 365 230 — 36 366 230 — 36 366 236 — 36 369 243 1. 36 871 243 * 2 36 3.71 248 — 36 383 255 – 36 416 256 — 36 416 256 — 36 440 258 1 36 443 258 2 36 444 258 3 36 444 258 4 36 444 258 5 36 444 258 6 36 447 258 7 36 447 258 8 36 448 258 9 36 448 265 — 36 459 , 268 1 36 462 268 2 36 462 268 3 36 462 268 4 36 463 268 5 36 463 268 6 36 463 268 7 36 463 268 8 36 463 268 9 36 463 283 1 36 464 283 2 36 464 3 9 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1910 June June June June June June June June June June June June June June June June June June June June June June June June June June June JUne June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June 10 10 10 11 11 17 17 17 17 27 17 17 17 17 17 17 17 17 17 17 17 17 17 17 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 23 23 23 23 23 23 23 24 24 Stat. at Large. r —Y Chap. Sec. Vol. Page. 283 3 36 465 283 4 36 465 285 5 36 465 284 1 36 465 284 2 36 466 297 1 36 487 297 1 36 524 297 4 36 531 298 1 36 531 298 2 36 532 298 3 36 532 298 4 36 532 298 5 36 532 298 6 36 532 298 7 — assººn 301 4 36 537 301 5 36 537 301 6 36 538 301 7 36 538 301 8 36 538 301 9 36 538 301 10 36 538 301 11 36 538 301 12 36 539 309 1 36 539 309 1 36 539 309 1 36 539 309 2 36 542 309 3 36 542 309 4 36 542 309 5 36 543 309 5 36 543 309 6 36 544 309 7 36 544 309 8 36 547 309 9 36 548 309 10 36 549 309 11 36 550 309 12 36 551 309 13 36 554 309 14 36 555 309 15 36 556 309 16 36 556 309 17 36 557 310 13 36 565 310 31 36 576 312 — 36 580 318 1 36 583 318 : 2 36 584 3.18 3 36 584 329 1 36 590 329 2 36 590 331 — 36 591 331 — 36 591 356 — 36 592 357 — 36 592 359 — 36 593 360 — 36 598 360 — 36 594 360 — 36 594 360 — 36 595 360 — 36 595 360 — 36 596 360 — 36 596 360 — 36 596 372 1 36 604 372 2 36 604 373 1 36 604 373 2 36 604 373 3 36 605 373 4 36 605 373 5 36 604 378 – 36 606 378 — 36 607 378 — 36 613 378 — 36 614 378 — 36 619 378 — 36 625 379 1 36 629 379 2 36 630 379 3 36 630 379 4 36 630 380 — 36 630 Sec. [Page Sec. R.S. Comp. St. 5552 5553 5554 4725 4726 354 855 6833 4569 4570 4571 4572 4573 45.74 4574a. 896 897 898 899 84.28 8431 8433 8434 8435 993 996 1110 999 997 1004 1005 1006 8600 85.63 8566 8:569 8574 8581 85.83 8584 8592 8601 8602 1243 1083 1053 2049 4666 4667 4668 6002 6026 648 6865 5877 4727 99.46 9976 9977 99.78 99.79 99.80 99.81 99.82 9983 7700 7704 7783 77.84 7785 7786 1914] Date Act. of 1910 June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June . June June June June 2 June June June June June June June June June June June June June June June June June June June June 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Stat. at Large. *Appendix. Öhap. Sec. Vol. Page." 382 1 36 658 382 1 36 659 382 3 36 669 382 4 36 676 382 5 36 676 383 33 36 699 383 35 36 699 384 1 36 710 384 1 36 721 384 1 36 728 384 1 36 736 384 1 36 755 384 1 36 764 384 1 36 767 384 1 36 768 384 1 36 770 384 1 36 770 384 2 36 772 384 6 36 773 384 7 36 773 384 8 36 773 384 8 36 773 384 9 36 773 385 — 36 776 385 — 36 792 385 — 36 796 386 1 36 814 386 2 36 815 386 3 36 815 386 4 36 815 386 5 36 815 386 6 36, 815 386 7 36 816 386 8 36 816 386 10 36 817 386 11 36 818 386 12 36 818 386 13 36 818 386 14 36 818 386 15. 36 818 386 16 36 819 386 17 36 819 387 1 36 819 387 2 36 819 387 3 36 819 387 4 36 820 387 5 36 820 387 6 36 820 387 7 36 820 387 8 36 820 387 9 36 821 387 10 36 821 388 1 36 821 392 1 36 822 392 2 36 823 392 3 36 823 392 4 36 823 392 5 36 823 392 6 36 823 392 7 36 824 392 8 36 824 392 9 36 824 392 10 36 824 392 11 36 824 393 — 36 824 395 1 36 824 395 2 36 825 395 3 36 825 395 4 36 826 395 5 36 826 395 6 36 826 395 7 36 827 395 8 36 827 397 — 36 828 401 1 36 829 401 3 36 830 402 — 36 831 406 1 36 834 406 2 36 834 406 3 36 834 406 4 36 835 407 1. 36 835 407 2 36 835 407 3 36 836 Sec. Sec. R.S. Comp. St. 3 7 3 6 8 9 24 24 24 24 24 24 24 24 24 3 9 3 9 7787 2519 652 2767 27.91 2811 2916 8262 8263 8264 8265 7421 4 4 2 1. s 99.95 99.91 9867 98.99 6896 6905 6915 67.77 1983 3369 9268 6726 6731 70.18 7131 7016 7040 10052 6743 8141 8223 6799 231 373 6761. 5242 7580 7581 7582 7.583 7584 * 7585 7586 7.587 7589 7590 7591 7592 7593 7594 7595 7596 10535 10536 10537 10538 10539 10540 10541 10542 10543 10544 7122 188 189 190 191 192 193 194 195 196 197 198 325 8812 8813 8814 88.15 8816 8817 88.18 88.19 1445 4372 4352 8182 4914 4915 4916 4917 4710 4711 4712 CHRONOLOGICAL TABLE OF LAws Date of Act. 1910 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 ‘June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 June 25 191 Tl Jan. 19 Feb. 2 Peb. 2 Feb. 2 Feb. 3 Feb. 13 Feb. 13 Feb. 13 IFeb. 13 Feb. 13 Feb. 13 Feb. 13 Feb. 13 Feb. 13 Feb. 16 Feb. 17. Feb. 17 Feb. 17 Feb. 17 H'eb. 17 IPage 1915] Stat. at Large. Ghap Sec. Vol. Page." 407 4 36 836 407 5 36 836 409 — 36 837 410 — 36 838 411 — 36 838 412 1 36 838 412 2 36 839 412 3 36 839 412 4 36 839 412 5 36 839 412 6 36 839 412 7 36 840 412 8 36 840 412 9 36 840 412 9%. 36 841 412 10 36 841 412 11 36 842 412 12 36 842 412 13 36 842 414 2 36 843 421 1 36 847 421 2 36 847 421 3 36 848 422 1 36 848 422 2 36 848 422 3 36 849 422 4 36 849 422 5 36 849 422 6 36 849 422 7 36 850 422 8 36 850 422 9 36 850 422 10 36 851 422 11 36 851 423 — 36 851 428 — 36 854 431 1 36 855 431 2 36 856 431 3 36 856 431 4 36 856 431 5 36 857 431 6 36 857 431 6 36 857 431 7 36 857 431 8 36 857 431 9 36 858 431 10 36 858 431 13 36 858 431 14 36 859 431 16 36 859 431 17 36 859 431 17 36 860 431 22 36 861 431 23 36 861 431 31 36 863 4:31 33 36 863 432 — 36 864 435 — 36 866 436 1 36 866 436 2 - 36 867 439 1 36 868 22 — 36 894 32 1 36 895 32 2 36 895 32 3 36 895 33 — 36 895 43 — 36 898 46 1 36 899 46 2 36 900 46 3 36 900 46 4 36 900 46 5 36 901 47 1 36 901 47 2 36 901 49 — 36 902 87 — 36 911 103 1 36 913 103 2 36 913 103 3 36 914 103 4 30 914 103 5 36 914 4 9 3 4 1. 8 3 Date of Act. 1911 Feb. 17 Feb. 17 Feb. 17 Feb. 17 Feb. 17 Feb. 17 Feb. 18 Feb. 18 Feb. 21 Feb. 21 Feb. 21 Feb. 21 Feb. 23 Feb. 24 Feb. 24 Feb. 24 Feb. 27 Mch. MCh. Mch. Mch. Mch. *Mch. MCh. Mch. Mch. MCh. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. *Appendix. Stat. at Large. 2- - Y. Chap. Sec. Vol. Page. 103 6 36 915 103 7 36 916 103 8 36 916 103 9 36 916 103 10 36 916 105 — 36 917 111 " — 36 917 113 — 36 918 141 1 36 925 141 2 36 926 141 3 36 926 144 — 36 927 148 — 36 927 149 — 36 928 151 — 36 929 155 — 36 930 166 5 36 957 186 1 36 961 186 2 36 961 186 3 36 961 186 4 36 962 186 5 36 962 186 6 36 962 186 7 36 962 186 8 36 962 186 9 36 962 186 10 36 962 186 11 36 963 186 12 36 963 186 13 36 963 186 14 36 963 187 — 36 963 189 1 36 964 189 2 36 964 190 — 36 964 191 1 36 965 192 — 36 975 195 — 36 1013 198 — 36 1014 199 — 36 1014 200 — 36 1015 201 1 36, 1015 201 2 — *-*. 207 — 36 1016 207 — 36 1019 209 — 36 1041 209 — 36 1042 209 — 36 1044 209 — 36 1044 209 — 36 1045 209 — 36 1045 209 — 36 1047 209 — 36 1049 209 — 36 1051 209 — 36 1051 209 — 36 1051 209 — 36 1052 209" — 36 1054 209 — 36 1056 209 — 36 1057 209 — 36 1058 210 1 36 1060 210 1 36 1060 210 1 36 1061 210 17 36 1069 210 27 36 1077 210 28 36 1077 223 — 36 1083 224 — 36 1083 225 1 36 1084 225 2 36 1084 230 — 36 1086 231 1 36 1087 231 2 36 1087 231 3 36 1087 231 4 36 1087 231 5 36 1088 231 6 36 1088 231 7 36 1088 231 8 36 1088 1 : . . 5266 968 969 970 971 972 973 974 975 SAAVI HQ Q11avu, Ivolbo'IONOMEIO 0%IT 63TT 83TT 1,81T (3)98II (Z)98T.I. (T).93 II 93TT #3TT 88ſ.T Z3TT I3TT 03TT 63TT 83 IT },3TT 9&TT gº, IT #ZTI 32TT 33TT TøII 0ZTT 6TTT 8TTT I, IIT 9TTT GITT #TTT 3TTT ZIII IIII 60TT 80TT 1,0TT 90TT 90TT 70II 80TT ZOTT TOTT 00II G60T #60T 360T 360T . T60T . 060T 680T 880T 1,80T 980T 980T #80T 380T T80T 080T 6),0T 8),0T J.),0T 9),0T 9),0T 8),0T 3),0T T},0T 0),0T 690T 890T 1,90T 990T 990T #90T 890T 390T T90T 090T 690T 890T 1,90T 990T 390T T90T 090T “1 *ooS S’duroo "S*H ‘eſſed *— 99TT 93 6%T Igz 18TT 93 8%I T83 J.3TT 93 M.? I T8% J.8TT 93 9%I T3% 18.TT 98 g? I T83 1,8TT 98 gi/T T8% 98TT 93 g;I T8% 93TT 93 ##I T83 98TT 93 3}I T3% 98.IT 93 &#I T3% 93TT 93 I#T T3% 93TT 93 OWI T3% 93 IT 93 68T T3% 98TT 93 83T T3% 98TT 93 I,8T T8% g3TT 93 98T T33 G8IT 93 98T I33 #3TT 93 #9 T T3% #8TT 93 38T T8% #3TT 93 T3T. T33 #3TT 93 08T I3% #3TT 93 6&T I3% 38TT 93 8%T T83 38TT, 98 /.3T. T3% 38TT 93 9%T. T82 zgTL 93 GóI I83 38TT 93 #&T T3% Z3TT 93 33T. T83 Z8TT 93 ZZT. T8% Z3TT 93 TZT T8% Z8ET 93 0%T T83 T3TT 93 6TT T33 T3TT 93 8TI T8% T6TT 93 |,IT T3% T3TT 93 9II T83 08 IT 93 GIT T33 6%IT 93 # II T8% 6%TT 98 3II T83 8%TT 93 ZII TS3 J.3TT 93 TTT T83 1,3TT 98 0TT T8% 1.3TT 98 60T T83 3%TT 93 80T T3% #3TT 93 /,0T I83 83 IT 93 90T T3% 33TT 93 GOT T83 36 TT 93 #0T I8% 8%TT 93 80T T83 ZZTT 93 30T T33 Z%IT 93 IOT T33 T3TT 93 00T I83 TZTT 98 66 I83 03TT 93 86 T8% 6TIT 93. 1,6 T33 6III 98 96 I33 6TTT 93 96 T83 8III 98 #6 T8% 8TTT 93 86 I83 8TTT 93 36 T83 J.TTT 98 I6 T83 9TTT 98 06 I83 QTIT 93 68 T83 #TTT 93 88 I83 f TTT 93 1,8 T83 #TTT 93 98 T83 #TTT 93 98 I33 §ITT 93 #8 T83 ZIIT 93 88 I83 3TTT 98 38 T83 TTTT 93 T8 T83 0TTT 98 08 T83 0IIT 93 61, T83 60TT 98 81, T83 80II 98 11. T83 80TT 93 91, T8% 80TT 98 9), T83 80II 98 jº), T83 80TT 98 81, T83 J,0TT 98 31, T83 90TT 98 TA, T83 90TT 98 0), T8% 90TT 98 69 T8% 90TT 93 89 T83 *IOA ‘998 ‘dung "93.18:1 Ju ‘yers *Uſoſ.W. "UIQIAI *UIOIAI *Uſo IAI *UIOTWI *UIQIAI ‘UIoW *UIoW *UIOJWI *UIOTWI *UIOIAI *UIOIAI “UoTN *UIOIAI *UIQIAI *UIOIWI *UIOIAI *UſoIAI *UIOIAI *UIQIAI "UoTAI *UIOIAI *UIOIAI *UIQIAI *UIQIAI *UIQIAI *UICIAL *UIOIAI *Uſo IAI *UIQIAI *UIOIAI *UIOIAI *UIQIN "UIQIAI *UIOIAI *UIOIAI *UIOWI *Uſo IAI *EIOIAI *UIQIN *UIOIAI *Uſoſ.WI "UoTWI *UCIAI "UIOIAI "Uſo IAI *UIQIAI *UIOJAI *UIOJWI "UIOIAI *LIOIAI *LIOWI *UIOIAI *UIOIAI *UICIAL *UIOIAI *UIQIAI ‘UIOIAI *UIOIAI *UIOIAI ‘ūow *UIOIWI *UIOIAI *UIQIAI *UIOIAI *UION *LIOIAI *LIOIWI *UIOIAI *UIOIAI *UIOIN *UIOIAI *UIOIAI “UIOIAI *UIOIAI *UIOIAI *LIOTWI *UIOIAI *UIOTWI *tioIN *UIOJWI T E6 I *4ow Jo 94t: CI *UIOTWI *UIQIAI 6%0T 870T 1,70T 970T g?0T ##0T 370T Žiž0T T+0T I?0T 0%0T 630T 880T 1,80T 980 T 980T #30 T. 880T Z80'ſ T90T 080T #30T 630 T 8%0T 1,30T 92.0T G30T 830ſ ZZOT TZ0T 030 T. 6T01. 8TOT MT0T 9TOT GTOI #IOI 8TOI ZIOT TIOT OTOT 600T 800T 1,00T (G3) T66 (#3) I66 (33) I66 (3Z) I66 (T3) I66 (03) I66 (6I) I66 (8I) I66 (),I) I66 (91) I66 (gL) I66 (#I) T66 (3T) I66 (ZI) [66 (II) T66 (OI) I66 (6) T66 (8) [66 (1) I66 (9) I66 (g) T66 (#) [66 (3) I66 (3) T66 (I) I66 066 686 886 1,86 986 986 #86 886 3.86 T86 086 61.6 8),6 1,16 9),6 "qs"duop ‘S’º “offed. "IoA “oos "deuſo *ooS V- _/ *oo S I9'I6T ºtº, II i 90TT 98 Z.9 #0TT 93 99 #0TT 93 99 #0TT 93 #9 #0TT 93 39 #0TT 93 39 #0TT 93 T9 30II 93 09 80TT 93 09 30TT 93 69 80TT 93 89 . 30TT 93 1.9 30TT 93 99 30 IT 93 99 30 TT 93 #9 TOTT 93 89 TOTT 98 & 9 TOTT 93 Ig TOTT 93 09 00IT 93 6? 00IT 93 8? 00TT 93 8%. 00IT 93 ºf 00IT 93 9% 00TT 93 97 00II 93 ff. 00IT 93 35' 00II 98 I? 00IT 93 0% 660T 93 63 860T 98 88 860T 93 1,8 860T 93 98 860T 93 98 860T 98 y? 1,60T 98 88 /,60T 98 38 960T 93 T3 960T 98 08 360T 98 6% #60T 93 83 #60T 93 1,3 #60 T 93 93 #60T 93 93 #60I '98 #3 #60T 98 fº 360T 98 y? 360T 98 fº 360T 99 ſº, 360T 93 fº 360T '98 jº, 360T 93 F.3 360T 98 fº 360T 93 #3 360T 98 jº 360T 98 #3 360T 93 #3 Z60T 93 #3 360T 98 #3 360T 98 jº, 360T 93 #3 360T 93 #3 360T 98 #3 360T 93 #3 Z60T 93 ſº 360T 93 #3 T60T 93 #3 T60T 93 #3 T60T 93 #3 060T 93 83 060T 93 33 060T 93 T3 060T 98 0% 060T 93 6T. 680T 98 8T 680T 98 ), I 680T 93 9T , 680T 98 gT 680T 93 #T 680T 98 3T. 880T 98 &T 880T 93 IT 880T 93 0T 880T 98 6 I8z T8% T8% T8% T83 T8% T8% T8% T83 T83 T8% T83 T83 T8% T8% I83 T83 T8% T3% T8% T83 T3% T83 T3% T83 T83 T83 T33 T83 T£3 T8% T83 T3% T83 T83 T8% T8% T83 T83 I83 T83 T83, I8% T8% T83 T8% T83 T8% T.9% T83 I83 T83 T83 T8% T8% T3% I83 T3% T83 T33 T83 T8% T8% T83 T8% T83 I33 T8% T8% T8% T83 T83 T83 T83 T83 T83 T83 T83 T83 T83 T8% T33 T8% T83 *93.Ibri 4t: "quºys *tioWI 'uo WI ‘ūow "UIOTWI *UIOIAI *UIOIAI *UIOIAI *UIOIAI *UIOJWI *UIOIAI *UIOIAI *UIOIAI *UIOIAI *UIOTWI *UIOTWI *UIOIAI *UIOIAI "UIOIAI 'uoVI “[[OIAI *UIOIAI *UIOIAI 'uow *UIOIAI *UIOIAI *UIOTWI *UIOIAI *LIOIAI *LIOTAL *UIOIAI *UIOIAI *LIOIAI *LIOTWI *UIOIAI *LIOIAI *UIOJWI *LIOTAL *LIOIAI *UCIWI *UIOIAI *LIOIN "LIOIAI *LIOTAL *LIOIAI *UIOIAI *UIOTAI *Uſo IAI *LION *LIOIAI *UION *LIOTWI "UoTAI *LIOTWI *LIOTWI ‘uo WI *UIOTAI *UIOWI *UIOIWI *LIOIWI *LIOIAI *UIOJWI *UIOIAI *LIOTWI *UIOTWI *UIOIAI “UoTAI *UIOIAI 'uo WI *UIOIWI *UIOIAI *LIOTAL *UIOIWI 'uow *LIOTWI *UIOIAI *UIOTWI *UIOIWI *UIOIAI *UIOJWI *UIOIAI ‘ūow ‘UIQIN *UIOIAI T T 6T *qov Jo 94t: CI CHRONoLogiCAL TABLE OF LAws Date of Act. 1911 Mch. Mch. Mch. Mch. IMch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. Mch. Mch. MCh. MCh. Mch. Mich. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mich. Mch. MCh. MCh. Mch. Mſch. Mich. Stat. at Large. * Chap. 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231. 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 Vol. —A Page. 1138 1138 1138 1138 1138 1139 1139 1139 1139 1139 1139. 1139 1139 1140 1140 1140 1140 1140 1140 1140 1140 1141 1141 1141 1141 1141 1141 1141 1141 1141 1141 1142 1142 1142 1142 1142 1143 1143 1143 1143 1144 1144 1144 1144 1145 1145 1145 1145 1146 1146 1147 1148 1149 1149 1150 1150 1150 1151 1152 1152 1152 1152 11.52 1152 1153 1153 1153 1153 1153 1153 1154 1155 1155 1156 1156 1156 1156 1156 1156 1156 11.56 1157 1157 Sec. IPage Sec. R.S. Comp. St. = 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153, 1154. 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1,168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 11.83 1184 1185 1186 1187 1.188 1189 1190 1110 993 997 996 999 1004 1005 1006 1.191 1.192 1193 1194 1195 1196 1197 1198 1199. 1200 1201. 1202 1203 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1917] Date of Act. 1911 Mch. Mch. Mch. Mſch. TMſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mich. Mch. MCh. MCh. MCh. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. MCh. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Stat. at Large. r Chap. 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 237 237 237 237 237 238 238 238 238 238 238 238 239 239 239 239 239 240 240 231 231 231 231 231 231 231 231 231 231 Sec. 150 151 152 153 154 155 156 157 158 159 160. 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 191. 191 192 193 194 195 196 197 198 199 201 207 208 209 210 211 212 21:3 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Sec. 240 241 242 243 244 245 246 247 248 249 250. 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271. 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 Sec, Sec. Vol. Page. R.S. Comp. St. 1157 1157 1157 1157 1157 1158 1158 1158 1158 1158 1159 1159 1159 1160 1160 1160 1160 1161 1161 1161 1161. 1162 1162 1162 1162 1162 1162 1163 1163 1163 1163 1163 1164 1164 1164 1164 1164 1164 1165 1165 1165 1165 1165 1165 1165 1166 1166 1166 1166 1167 1167 1167. 1167 1167 1167 1167 1168 1168 1169 1169 1169 1169 1190 1195 1229 1231 1234 1236 1240 1253 1253 1258 1261 1265 1267 1267 1267 1274 1279 1292 1306 1318 1329 1217 1218. 1219 1220 1215 1222 1223 1224 1225a. 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1243a. 1241 1242 1243 1244 1245 1246 1247 1248 I249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 4.18 374 8158 928 6776 804. 8685 4948 5147 796 805 810 2486 2640 6773 2802 6762 6691 3384 111 7225 CHRONOLOGICAL TABLE OF LAWS Date of Act. Ti9 I Mch. Mch. Mch. Mch. IMch. Mſch. Mch. Mch. Mch. Mch. Mſch. Mſch. Mch. Mich. Mch. Mch. MCh. IMch. Mch. Mch. Mch. IMch. Mch. Mſch. Mch. Mch. Mch. Mch. IMIch. Mch. IMCh. Mch. Mch. Mch. Mch. MICh. Mch. Mch. Mch. Mch. Mch. Mch. IMCh. July Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 19 Alug. 22 T)ec. 21 Dec. 21 Dec. 22 Dec. 22 Dec. 22 Dec. 22 1912 Jan. 13 Jan. 22 Feb. 1 Feb. 1 E'eb. 5 Feb. 5 Feb. 5 Feb. 5 1. 2 IFeb. Feb. Mſch. 4 MCh. 7 Mch. 11 IMCh. 23 IMCh. 28 Apr. 8 Apr. 9 Apr. 9 [Page 1918] Stat. at Large. * —y Sec. Sec. Chap. Sec. Vol. Page. R.S. Comp. St. 241 1 36 1332 sº 7255 241 1 36 1333 * > 7262 241 1 36 1334 º 7495 241 1 36 1335 – '7503 241 1 36 1337 ſº 7407 241 1 36 1339 sº 7449 241 2 36 1339 gº 10381 241 3 36 1339 ºmº 7239 241 4 36 1339 gºmº 7240 241 6 36 1340 *m. 7333 241 8 36 1340 *º- 7579 242 — 36 1344 sº 6771 252 — 36 1348 gº- 2049 261 2 36 1352 gºmºi 4480 265 1. 36 1353 º 27.62 265 2 36 1353 Egº 2763 265 3 36 1353 gº 2764 266 — 36 1354 * 206.8 267 — 36 1354 3536 6503 268 1 36 1354 3548 6519 268 2 36 1354 3549 6520 269 — 36 1355 sº 1423 270 — 36 1355 gº 10270 280 — 36 1360 tºmº 3622 285 1 36 1887 º 6927 285 1 36 1389 sº 8459%b - (43) 285. 1 36 1393 ſº-ſº 5390 285 1 36 1394 gºmº 9.188 285 1 36 1397 tºº 8620 285 1 36 1404 tºº 230 285 1 36 1404 tº-º-º: 3331 285 1 36 1414 tºº 33.85 285 1 36 1417 tº a 4691. 285 1 36 1419 gº 1204 285 1 36 1421 tºº 5249 285 1 36 1421 gº 6718 285 1 36 1422 tºº 92.94 285 1 36, 1422 tº- 9340 285 1 36 1426 Gº-º 1447 285 1 36 1436 smºgº 902 285 1 36 1446 sº- 6995 285 2 36 1451 sºmºs 100.53 285 6 36 1452 tº-º-º 10054 3 1 37 4 — 5326 5 1 37 13 wº 15 5 2 37 14 tºº 16 5 3 37 14 * 17 5 4 37 14 º 18 5 5 37 15 sºmº 19 33 1 37 25 sº 192 33 1. 37 25 sº 193 33 2 37 26 * 195 33 2 37 26 &=º 196 33 2 37 26 tººl 197 33 2 37 26 sº 198 42 — 37 32 tºº--> 6882 4 — 37 46 emºt 1049 5 — 37 46 &= 991(24) 6 — 37 49 sºme 2204 6 — 37 49 gº .2205 7 — 37 51 sº 1070 8 — 37 51 - 1077 9 — 37 52 mº 1109 12 — 37 54 1004 1663 26 — 37 58 sºmº 1101 27 — 37 59. tº-g 1091 28 — 37 59 tºº 1076 28 — 37 60 º 1086 28 — 37 60 *º 1092 28 — 37 61 sº 1177 38 — 37 64 sº 10341 47 — 37 70 * 8066 50 — 37 72 mºnº * 2110 53 — 37 73 sºmº 2737 55 — 37 73 1505 2700 63 — 37 76 —- 1104 67 — 37 77 2455 5110 71 — 37 79 * 1449 73 1 37 79 — 964 73 2 37 79 - 965 Stat. at Large. Date of , — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1912 Apr. 9 73 3 37 80 tºº 966 Apr. 9 73 4 37 80 &= - 967 Apr. 9 74 1. 37 80 *g 5218 Apr. 9 74 2 37 80 sºmº 5219 Apr. 9 74 3 37 81 - 5220 Apr. 9 74 4 37 81 *mºs 5221 Apr. 9 75 1 37 81 *se 6271 Apr. 9 75 2 37 81 tºº 6272 Apr. 9 75 3 37 81 ~s 6273 Apr. 9 75 4 37 82 •-se 6274 Apr. 9 75 5 37 82 —- .6275 Apr., 9 75 6 37 82 º 6276 , Apr. 9 75 7 37 82 wºmº: 6277 Apr. 9 75 8 . 37 82 ~s 6278 Apr. 9 75 9 37 82 sºmnº, 6279 Apr. 9 75 10 37 83 tºº 6280 Apr. 9. 75 11 37 83 sº 6281 Apr. 9 75 12 37 83 * . 6282 Apr. 9 75 13 37 83 -º-, a 6283 Apr. 9 75 14 37 83 sº 6284 Apr. 9 75 15 37 83 *º 6285 Apr. 9 75 16 37 83 sºmºsº 6286 Apr. 9 75 17. 37 84 sº 6287 Apr. 23 87 — 37 90 $º 4670 Apr. 24 90 1 37 90 smºgº 77.05 Apr. 24 90 2 37 91. gº 7706 Apr. 30 99 — 37 105 -º-º: 4669 Apr. 30 100 — 37 105 tº 4736 Apr. 30 101 — 37 106 tºº. 4684 Apr. 30 102 1 37 106 º 4421 Apr. 30 102 2 37 107 tºmº 4422 Apr. 30 102 3 37 107 mºsºmº 4423 Apr. 30 102 4 37 107 gº 4424 Apr. 30 102 5 37 107 tºº 4.425 Apr. 30 102 6 37 107 * 4426 Apr. 30 102 7 37 107 smº 4427 Apr. 30 102 8 37 108 gººmsº 4428 May 7 105 — 37 108 tºmº 5139 May 11 123 1 37 112 sºme 8968 May 11 123 2 37 113 gºmmº 8969 May 11 123 3 37 113 tºmº 8970 May 11 123 4 37 113 tºº 897.1 May 11 123 5 37 113 tºº 897.2 May 11 123 6 — — wº 897.2a. May 22 130 1 37 116 4410 8164. May 27 135 1 37 118 º 826 May 27 135 2 37 118 sº 827 May 27 136 — 37 118 *º 1076 May 29 144 1 37 120 sº 1096 May 29 144 2 37 120 * 1097 June 6 153 — 37 123 2291 4532 June 6 153 — 37 123 2297 4552 June 6 155 — 37 125 smº, 5017 June 13 166 — 37 132 wº 4563 June 19 174 1 37 137 tºmº 8921 June 19 174 2 37 138 º 8922 June 26 182 1 37 171 £º 9413 June 26 182 8 37 184 º 3241 June 26 182 11. 37 184 º 3380 | July 9 220 — 37 189 tºmº 7788 July 9 222 — 37 190 * = ºl 1074 | July 17 236 — 37 193 tºº 3090 July 22 249 1 37 198 sº 4429 July 22 249 2 37 198 smº 4430 July 22 249 3 37 198 º 4431 July 22 249 4 37 198 tºº 4432 July 22 249 5 37 199 ºmsº 4433 July 22 249 6 37 199 * 4434 July 23 250 1 37 199 *-ºs 8262 July 23 250 2 37 200 gººmsº 8266 July 24 251 —i. 37 200 gº 4733 July 25 253 1 37 201 — 9902 July 25 253 i 37 206 — 99.13 July 25 253 1 37 218 tº 9996 July 25 253 i 37 222 * 98.69 July 25 253 1 37 222 Gº 9886 July 25 253 $ 37 233 tºº 9888 July 25 253 9 37 233 sº 9877 July 25 253 12 37 233. tºº 9992 July 27 255 2 37 239 gº 900 July 27 255 $ 37 289 sºmº, 84.49 July 30 258 —- 37 240 4875 9367 July 31 263 1 37 240 sº 104.16 July 31 263 2 37 241 tºº 10417 *Appendix. CHRONOLOGICAL TABLE OF LAWS - IPage Stat. at Large. Date of ,- — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1912 July 31 263 3 37 241 ºmsº 10418 Aug. 1 268 1 37 242 — 7990 Aug. 1 268 2 37 242 tº-º 7991 Aug. 1 268 3 37 242 gººs 7992 Aug. 1 268 4 37 242 tº- 7993 Aug. 1 268 5 37 242 tº- 7994 Aug. 1 269 1 37 242 sº- 5054 Aug. 1 269 2 37 243 — 5055 Aug. 1 269 3 37 243' sº- 5056 Aug. 1 269 4 37 243 fº 5057 Aug. 1 269 5 37 243 *= 5058 Aug. 3 273 1 37 250 gºs 8907a, Aug. 3 273 2 37 250 gº- 8733 Aug. 3 273 3 37 251 --> 8734 Aug. 3 273 4 37 251 º 8907b Aug. 3 273 5 37 251 tºº 8736 Aug. 3 273 6 : 37 251 sº- 8.737 Aug. 9 275 — 37 252 cº- 2133 Aug. 9 275 — 37 252 tº- 2217 Aug. 9 275 — 37 252 º 2237 Aug. 9 275 — 37 254 sºsºs , 2274 Aug. 9 275 — 37 257 — 2252 Aug. 9 275 — 37 260 º 2278 Aug. 9 275 — 37 263 tº- 2254 Aug. 9 277 — 37 265 ==s 1082 Aug. 9 278 1 37 265 tº º 4728 Aug. 9 278 2 37 266 tºº 4729 Aug. 9 278 3 37 266 • Cº- 4730 Aug. 9 278 4 37 267 *=- 4731 Aug. 9 278 5 37 267 =- 4732 Aug. 9 280 — 37 267 sº-ºr 4538 Aug. 10 284 — 37 273 gº- 6240 Aug. 10 284 — 37 274 gº 851 Aug. 10 284 — 37 287 * 5137 Aug. 10 284 — 37 287 gº- 5164 Aug. 10 284 — 37 293 sºmeº 52.75 Aug. 10 284 — 37 293 sº- 5276 Aug. 10 284 — 37 294 sºs 806 Aug. 10 284 — 37 296 *==- 813 Aug. 10 284 — 37 296 isºmº 814 Aug. 10 284 – 37 300 iº 811 Aug. 10 284 — 37 300 * = - 812 Aug. 13 287 1 37 302 wº 10100 Aug. 13 287 2 37 303 sº 10101 Aug. 13 287 3 37 303 - 10102 Aug. 13 287 4 37 304 tºmº 101.03 Aug. 13 287 5 37 308 tº- 10.104 Aug. 13 287 6 37 308 * = - 101.05 Aug. 13 287 7 37 308 º 101.06 Aug. 13 287 8 37 308 tº- 101.07 Aug. 13 287 9 37 308 - 10.108 Aug. 13 287 10 37 308 tº- 10.109 Aug. 14 288 1 37 309 gº- 9128 Aug. 14 288 2 37 309 smsº 9129 Aug. 17 301 1 37 312 tºmºs 67.1 Aug. 17 301 1 37 312 --- 6716 Aug. 17 301 2 37 312 tº- 9107 Aug. 17 301 3 37 312 tºº-ºº: 9108 Aug. 17 301 4 37 313 * 9109 Aug. 17 301 5 37 313 tº- 672 Aug. 17 301 6 37 313 tºmº 91.10. Aug. 20 306 — 37 314 gº 1094 Aug. 20 307 1 37 315 4214 7804 Aug. 20 307. 2 37 315 42.18 7810 Aug. 20 308 1 37 315 1- 8752 Aug. 20 308 2 37 316 tº- 8753 Aug. 20 308 3 37 316 º 8754 Aug. 20 308 4 37 316 tº- 8755 Aug. 20 308 5 37 316 º- 8756 Aug. 20 308 6 37 317 sº 8757 Aug. 20 308 7 37 317 tº- 87.58 Aug. 20 308 8 37 318 gmº 8.760 Aug. 20 308 9 37 318 tº-mº 8761 Aug. 20 308 10 37 318 º 8762 Aug. 20 308 11 37 319 tº 8763 Aug. 20 308 12 37 319 º- 8764 Aug. 22 329 — 37 324 *Eº- 326 Aug. 22 335 — 37 328 º- 2525 Aug. 22 335 — 37 328 *sº 2638 Aug. 22 335 — 37 329 smºº 2653 Aug. 22 335 — 37 329 — 2870 Aug. 22 335 — 37 330 º- 2577 Aug. 22 335 — 37 331 º 2578 1919.1 Stat. at Large. Date of 2. — Sec. Act. Chap. Sec. Vol. Page. R.S. Co 1912 Aug. 22 335. – 37 331 - Aug. 22 335 — 37 331 1573 Aug. 22 335 — 37 334 - Aug. 22 335 — 37 341 * Aug. 22 335 — 37 342 - Aug. 22 335 — 37 344 - Aug. 22 335 — 37 344 wº- Aug. 22 335 — 37 344 - Aug. 22 335 — 37 344 *- Aug. 22 335 — 37 344 - Aug. 22 335 — 37 345 -º-, Aug. 22 335 — 37 345 - Aug. 22 335 — 37 345 - Aug. 22 335 — 37 345 - Aug. 22 335 — 37 345 - Aug. 22 335 — 37 345 - Aug. 22 335 — 37 345 *w- Aug. 22 335 — 37 346 t- Aug. 22 335 — 37 350 tº- Aug. 22 335 — 37 350 - Aug. 22 335 — 37 351 - . Aug. 22 335 — 37 355 - Aug. 22 336 1 37 356 1998 | Aug. 22 336 2 37 356 1624 Aug. 22 336 2 37 356 1420 Aug. 23 344 1 37 357 - Aug. 23 349 — 37 360 * Aug. 23 350 1 37 372 *- Aug. 23 350 1 37 374 - Aug. 23 350 1 37 375 wº- Aug. 23 350 1 37 376 - Aug. 23 350 . 1 37 377 tº- Aug. 23 350 . 1 37 384 - Aug. 23 350 1 37 396 - Aug. 23 350 1 37 404 — Aug. 23 350 1 37 407 - Aug. 23 350 1 37 407 - Aug. 23 350 4 37 413 - Aug. 23 350 5 37 414 -º Aug. 23 350 6 37 414 wº- Aug. 23 350 7 37 414 *- Aug. 23 350 8 37 414 -> Aug. 23 350 9 37 415 - Aug. 23 351 1 37 415 - Aug. 23 351 2 37 415 - Aug. 23 351 3 37 415 - Aug. 23 351 4 37 416 - Aug. 23 351 5 37 ° 416 — Aug. 23 352 — 37 416 - Aug. 24 355 1 37 430 - Aug. 24 355 1 37 432 * Aug. 24 355 1 37 434 - Aug. 24 355 . 1 37 437 - Aug. 24 355 1 37 442 - Aug. 24 355 1 37 444 *- Aug. 24 355 1 37 455 - Aug. 24 355 1 37 459 • *- Aug. 24 355 1 37 460 - Aug. 24 355 1 37 461 - Aug. 24 355 1 37 465 - Aug. 24 355 1 37 481 -> Aug. 24 355 1 37 482 - Aug. 24 355 4 37 486 -º Aug. 24 355 5 37 486 - Aug. 24 355 6 37 487 -º-º: Aug. 24 355 7 37 487 * . Aug. 24 355 8 37 487 - Aug. 24 356 — 37 488 - Aug. 24 356 — 37 488 - Aug. 24 356 — 37 489 - Aug. 24 367 1 37 496 *- Aug. 24 367 2 37 496. -> Aug. 24 367 3 37 496 t- Aug. 24 369 — 37 497 - Aug. 24 370 1 37 497 - Aug. 24 370 2 37 498 - Aug. 24 370 3 37 498 - Aug. 24 370 4 37 498 *º- Aug. 24 370 5 37 498 * Aug. 24 370 6 37 498 tºº-ºº: Aug. 24 3.71 — 37 499 º Aug. 24 372 — , 37 499 º- Aug. 24 373 1 37 499 º *Appendix. Sec. mp. St. 2590 2861 92.05 9959 664 * 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 * 25.10 2.809 2.917 2918 , 2930 2800 3954 2979 2581 1081 195 3273 357 429 360 361 6432 670 434 873 874 3285 250 6788 6787 7171 6735 8913 8914 891.5 89.16 8917 8724 6556 6935 5327 10591 5290 3336 4533 5259 5250 92.96 1407 7129 6999 10050 10051 6740 6804 3262 9521 9532 95.46 4.638 4639 4640 4524 675 676 677 678 679 680 4582 5337 8838 CHRONOLOGICAL TABLE OF LAws IPage 1920] Stat. at Large. Stat. at Large. Date of ,- — Sec. Sec. Date of 2 — Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. 1912 - - 1912 - Aug. 24 373 2 37 500 — 8839 Aug. 24 390 11 37 567 *sº Aug. 24 373 3 37 500 gº 8840 Aug. 24 390 11 37 567 * Aug. 24 373 4 37 500 gº 8841 Aug. 24 390 11 37 568 Gº Aug. 24 373 5 37 500 gº 8842 || Aug. 24 390 11 37 568 {-º-º-º: Aug. 24 373 6 37 501 gmº 8843 Aug. 24 390 12 37 569 — Aug. 24 373 7 37 501 sº 8844 Aug. 24 390 13 37 569 tºº Aug. 24 373 8 37 501 — 8845 Aug. 24 390 14 37 569 ºsmº Aug. 24 373 9 37 501 tº-º 8846 Aug. 24 391 . . 1 37 571 - Aug. 24 373 10 37 501 gº 8847 || Aug. 24 391 1 37 574 1261 Aug. 24 373 11. 37 502 * 8848 || Aug. 24 391 1 37 575 * Aug. 24 373 12 37 502 sº- 8849 || Aug. 24 391 . 1 37 575 smºº Aug. 24 382 1 37 506 gº 8744 || Aug. 24 391 1 37 575 sº Aug. 24 382 2 37 507 gºes 8745 Aug. 24 391 1 37 575 tºmº Aug. 24 382 3 37 507 sº- 8746 || Aug. 24 391 1 37 576 tº ºf Aug. 24 382 4 37 507 ºmmis 8747 || Aug. 24 391 1 37 579 º Aug. 24 385 1 37 511 * 8514 Aug. 24 391 1 37 586 == Aug. 24 387 1 37 512 gºmº 3528 || Aug. 24 391 1 37 589 tº- Aug. 24 387 2 37 512 $ºmmº 3529 || Aug. 24 391 2 37 590 *E* Aug. 24 387 3 37 512 - 3530 Aug. 24 391 3 37 591 — Aug. 24 387 4 37 513 º 3531 || Aug. 24 391 4 37 593 — Aug. 24 387 5 37 513 tºmº 3532 Aug. 24, 391 5 37 594 fººt Aug. 24 387 6 37 514 tºmº 3533 Aug. 24 391 6 37 594 tºmº Aug. 24 387 7 37 514 º 3534 || Aug. 24 391 8 37 594 tº . Aug. 24 387 8 37 514 gº 3535 || Aug. 26 408 1 37 595 tº Aug. 24 387 9 37 514 tºº 3536 || Aug. 26 408 1 37 605 tºmº Aug. 24 387 10 37 515 — 3537 || Aug. 26 408 1 37 610 & tºº º Aug. 24 387 11. 37 516 º 3538 || Aug. 26 408 5 37 626 tºº Aug. 24 387 12 37 516 gº 3539 Aug. 26 408 7 37 626 º Aug. 24 387 13 37 516 tºmºsº 3540 | Dec. 10 1 1 37 647 - Aug. 24 387 14 37 516 gºmº, 3541 Aug. 24 387 15 37 516 sº 3542 1913 Aug. 24 387 16 37 517 gºsº 3543 || Jan. 7 6 — 37 648 tºº Aug. 24 387 17 37 517 º 3559 Jan. 8 7 — 37 649 *s Aug. 24 387 20 37 518 gºmº 3544 || Jan. 23 9 — 37 650 Eº Aug. 24 388 1 37 519 g== 4139 || Jan. 24 10 — 37 650 4472 Aug. 24 388 1 37 519 gººd 4143 | Feb. 5 28 1 37 663 *g Aug. 24 388 1 37 519 gº 4169 Feb. 5 28 2 37 663 *s Aug. 24 388 1 37 521 gº-ºº: 3981 | Feb. 10 34 — 37 664 3392 Aug. 24 388 1 37 521 sºmº - 4032 | Feb. 10 35 – 37 665 tºº Aug. 24 389 1 37 543 sºms 71.99 Aug. 24 389 1 37 545 - 7271 | Feb. 11 39 — 37 666 º Aug. 24 389 1 37 546 eº 7242 | Feb. 11 39 – 37 666 tººl Aug. 24 389 1 37 547 sº 7504 | Feb. 11 39 — 37 666 smºs Aug. 24 389 1 37 548 gº 7519 | Feb. 11 39 — 37 666 ſº-º-º-º: Aug. 24 389 1 37 550 sº-> 7309 | Feb. 12 40 — 37 667 sºmeº Aug. 24 389 1 37 551 sº 7385 | Feb. 12 40 — 37 667 gºsº Aug. 24 389 2 37 553 mº 7313 | Feb. 13 50 1 37 670 * Aug. 24 389 2 37 553 gºmº 7266 | Feb. 13 50 2 37 670 *mº Aug. 24 389 2 37 554 gº 7314 | Feb. 13 51 — 37 671 sºmºgº Aug. 24 389 3 37 554 *Eº 7257 | Feb. 14 53 — 37 674 *=º Aug. 24 389 4 37 554 fºssº 7493 Feb. 14 55 — 37 678 *m. Aug. 24 389 ‘5 37 554 — 7238 Feb. 19 59 — 37 679 *ºn Aug. 24 389 6 37 555 tºº 3287 Feb. 25 72 1 37 - 681 *mºs Aug. 24 389 7 37 555 gº 7509 | Feb. 25 72 2 37 681 smººn Aug. 24 389 7 37 555 gº 7510 | Feb. 25 72 3 37 681 mºsº Aug. 24 389 7 37 556 gºs 751.1 Feb. 25 72 4 37 682 * , Aug. 24 389 7 37 556 iº 7512 Feb. 25 72 5 37 682 sº Aug. 24 389 7 37 556 gº 7514 Aug. 24 389 7 37 556 gº 75.15 Feb. 26 79 — 37 683 sº Aug. 24 389 7 37 556 gº 7516 Feb. 27 85 1 37 687 sº Aug. 24 389 7 37 556 i-t 7517 | Feb. 27 85 2 37 687 — Aug. 24 389 7 37 556 g= 7518 Feb. 27 85 3 37 687 s = º Aug. 24 389 8 37 557 º 7319 Feb. 28 86 — 37 692 º- Aug. 24 389 8 37 557 gºt 7320|| Feb. 28 89 — 37 698 tºº Aug. 24 389 8 37 557 esmº 7321 | MCh. 1 90 – 37 699 tºmº Aug. 24 389 8 37 558 º 7322 || MCh. 1 92 — 37 701 'ºmº Aug. 24 389 8 37 558 º 7324 MCh. 2 93 — 37 705 º Aug. 24 389 8 37 558 ſº 7325 | MCh. 2 93 — 37 706 * = . Aug. 24 389 8 37 558 tºº 7446 MCh. 2 93 — 37 706 ſºmº Aug. 24 389 9 37 559 gº- 7274 Mch. 2 93 – 37 708 tºº Aug. 24 389 10 37 559 gº 424 Mch. 2 93 – 37 710 tº Aug. 24 389 10 37 559 — 7597 MCh. 2 93 — 37 718 * Aug. 24 389 11 37 560 gº-ºº: 7256 MCh. 2 93 — 37 721 1342 Aug. 24 390 1 37 560 tºº 10037 || MCh. 2 93 — 37 721 1342 Aug. 24 390 2 37 561. tººl 100.38 || Mon. 2 93 — 37 721 1342 Aug. 24 390 3 37 561 wº 10039 || Mch. 2 93 – 37 721 1342 Aug. 24 390 4 37 561 tºº 10040 | Mch. 2 93 — 37 722 1342 Aug. 24 390 5 37 562 gºssº 10041 || MCh. 2 93 – 37 722 1342 Aug. 24 390 5 37 562 4132 7709 || MCh. 2 93 — 3? 722 1342 Aug. 24 390 6 37 563 sºmme 10042 | Mch. 2 93 — 37 722 1342 . Aug. 24 390 7 37 564 gºssºms 10043 Mch. 2 93 — 37 722 1342 Aug. 24 390 8 37 , 565 sº 10044 Mch. 2, 93 — 37 722 1342 Aug. 24 390 9 37 565 sº 10045 | Mch. 2 94 1 37 723 sº Aug. 24, 390 11 37 566 tºmº 8567 | Mch. 2 94 2 37 723 emsmº, Sec. Comp.St. 8568 8836 8569 8570 10047 10048 10049 1999 2089 2015 2051 2088 2132 2097 6745 335 3.108 1892 1779 1780 1909 1923 1781 6692 3382 4734 9915 6765 7701 3787 9490 105.35 8242 1098 1099 6202. 8459%b (56) 4565 4566 4571 4572 8831 8834 8603 8604 6702 1082 4228 9067 783 784 785 786 787 1471 4863 4864 486.5 7685 1052 8789 8591 1907 1782 1910 1783 2202 6932 2308a (3). 2308a.(5) 2308a.(6) 2308a.(7) 2308a.(8) 2308a (9) 2308a.(10) 2308a (12) 2308a.(13) 2308a.(14) - 339 340 CHRONOLOGICAL, TABLE OF LAWS IPage 19211 Stat. at Large. - Stat. at Large. COMP.S.T.’18—121 *Appendix. Date of ~ — Sec. Sec. |Date of . ,- —y Sec. Sec. . . Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1913 - 1913 Mch. 2 97 ...— 37 724 -me 95.76 | MECh. 4 165 2 37 1016 -. 4996 Mch. 3 106 — 37 726 — 8918 MCh. 4 166 — 37 1016 3186 5908 Mch. 3 106 — 37 726 --> 8919 Mch. 4 167 – 37 1017 tº- 1062 Mch. 3 106 — 37 727 ... - 8920 | Mch. 4 168 — 37 1018 *- 8432 Mch. 3 109 — 37 728 — 3592 | Mch. 4 -168 — 37 1018 - 8451 Mch. 3 113 — 37 730 - 1090 | Mch. 4 168 — 37 1018 tº- 8459 Mch. 3 114 — 37 731 - 8826 | Mch. 4 169 — 37 1019 *- 89.72 Mch. 3 117 — 37 732 -*. 8724 || May 1 1 1 38 2 - 6729 Mch. 3 118 1 37 732 4463 8225 | May 1 … .. 1 3 38 3 º- 668.4 ° - June 23 ... 3 1 38 17 - 367 - - June 23 . .3 1 38 18 tº-ºº: 85.27 Mch. 3 119 — 37 733 wº-ººs 5712 June 23 . . .3 1 38 22 * 6936 MCh. 3 122 — 37 734 --> 1066 June 23 3 1 38 . 24 sº- 91.96 Mch. 4 141 1 37 736 — 932 || June 23 : 3 1 38 25 — 3332 MCh. 4 141 2 37 736 ' – 933 || June 23 .. 3 1 38 43 * 9240 Mch. 4 141 2 37 737 - 422 || June 23 : 3 1 38 49 tº- 5222 Mch. 4 141 3 37 737 — 934 June 23 3 1 38 54 ºm-º. 1450 Mch. 4 141 3 37 737 - 944 June 23 - 3 1 38 65. - 4341 . Mch. 4 141 3 37 737 — 961 June 23 3 3 38 75 tº- 6736 Mch. 4 141 3 37 737 -º 962 ).June 23 3 5 38 75 sº- 7143 Mch. 4 141 4 37 737 - 945 June 30 4 1 38 79 * 4052 Mch. 4 141 5 37 737 * 935 June 30 - 4 1 38 80 t- 4010 Mch. 4 141 6 37 738 -º 936 || June 30 4 : 1 38 80 - 4125 Mch. 4 141 7 37 738 -º-, 525 || June 30 4 1 38 83 —- 5238 Mch. 4 141 8 37 738 — 940 || June 30 4 18 38 96 +- 4176 Mch. 4 141 9 37 738 --> 941 || June 30 4 18 38 97 wº- 4077 Mch. 4 141 ° 10 37 738 - 942 June 30 4 26 38 103 sº- 6789 Mch. 4 142. 1 37 750 — 3286 July 9 5 — 38 103 - 2738 Mch. 4 142 1 37 754 - 362 July 15 6 1 38 103 e- 8666 Mch. 4 142 1 37 771 *- 6933 July 15 6 2 38 104 - 8667 Mch. 4 142 1 37 773 -- 714 || July 15 6 3 38 104 º- 8668 - July 15 6 4 38 105 ºm- 8669 Mch. 4 142 4 37 790 * 6765 July 15 6 5 38 106 *- 8670 Mch. 4 143 — 37 794 - 7237 July 15 , 6 6 38 106 tº- 8671. Mch. 4 143 ºm 37 795. - 7253 July 15 6 7 38 106 tº- 8672 Mch. 4 143 — 37 796 = .7249 July 15 6 8 38 107 gº- 8673 Mch. 4 143 — 37 797 - 7494 July 15 6 9 38 107 g- 8674 Mch. 4 143 — 37 798 º-º-º: 7523 July 15 6 10 38 108 * 8675 Mch. 4 143 — 37 799 mº-ººs 7540 July 15 6 11 38 108 ºm- 8676 Mch. 4 144 1 37 803 * 9932 Sept. 4 10 — 38 110 tº- 3122 Mch. 4 144 3 37 825 *m. 9866 | Sept. 18 14 2 38 112 *- 952; Mch. 4 144 4 37 826 -º-, 9868 Sept. 18 14 3 38 113 ... mºm 95.26 Mch. 4 145 — 37 830 -º 845 || Sept. 18 14 4 38 113 º- 9527 MCh. 4 145 — , 37 832 tº-mº 8785 | Sept. 18 14. 5 38 113 - 9528 Mich. 4 145 — 37 837 *-º 852 Sept. 18 14 6 38 113 *- 9529 MCh. 4 145 — 37 842 º 6173 Sept. 30 15 1 38 113 *- 4528 Mch. 4 145 – 37 843 - 5148 || Sept. 30 15 2 38 114 - 4529 Mch. 4 145 — 37 843 •- 5150 || Oct. 3 16 1 38 114 *- 5291 Mch. 4 145 — 37 843 - 5151 || Oct. 3 16 2I 38 177 3167 5887 Mch. 4 145 — 37 843 --> 5155 || Oct. 3 16 2I 38 178 .3172 5895 Mch. 4 145 — 37 847 - 5277 || Oct. 3 16 2I 38 178 3173 5896 Mch. 4 145 — 37 847 -º 8837 || Oct. 3 16 2I 38 179 3176 5899 Mch. 4 145 — 37 853 * 8759 || Oct. 3 16 2N 38 180 - 364 Mch. 4 145 — 37 854 - 802 || Oct. 3 16 3.B 38 181 º 5519 Mch. 4 145 — 37 854 -tuºsº 3242 Oct. 3 16 3C 38 181 sº- 55.20 Mch. 4 145 — 37 854 - 6766 || Oct. 3 16 3D 38 181 *- 5521 MCh. 4 145 — 37 855 -sº 5182 || Oct. 3 16 3E 38 182 *- . 5522 Mich. 4 147 5 37 879 --> 6918 || Oct. 3 16 3E' 38 182 sº- 5523 Mch. 4 147 22 37 885 - 3362 Oct. 3 16 3G 38 183 *º 5524 MCh. 4 147 28 37 888 -º 358 Oct. 3 16 3EH 38 183 — 55.26 Mch. 4 148 — 37 891 - 2511 || Oct. 3 16 3I 38 184 mº 5527 Mch. 4 148 — 37 S91 ºw- 2619 Oct. 3 16 3J 38 185 tº- 5528 Mſch. 4 148 — 37 891 -º 2819 || Oct. 3 16 3.BC 38 185 tº- 559] MCh. 4 148 — 37 892 * 2680 || Oct. 3 16 3L 38 185 — 5592 Mch. 4 148 -— 37 892 - 2838 || Oct. 3 16 3M 38 186 — 5594 Mch. 4 148 — 37 893 - 2796 || Oct. 3 16 3.N 38 187 *- 5595, Mch. 4 148 – 37 894 -sº 2579 || Oct. 3 16 3O 38 188 tº- 5596 Mch. 4 148 — 37 902 4810 9203 || Oct. 3 16 3P 38 188 º- 5597 Mch. 4 148 — 37 903 º- * 25.12 || Oct. 3 16 3Q 38, 188 * 5598 Mch. 4 148 — 37 904 *s 6875 || Oct. 2 16 3R. 38 189 mº- 5599 Mch. 4 148 — 37 907 tº- 2756 || Oct. 3 16 3S 38 189 tº- 5656 Mch. 4 148 — 37 907 tº-ºs 2760 || Oct. 3 16 3T 38 189 — 57.91 Mch. 4 149 1 37 913 -> 228 || Oct. 3 16 3U 38 189 * 5600 Mch. 4 149 1 37 913 - 7686 || Oct. 3 16 3V 38 190 tº- 5601 Mch. 4 149 1 37 915 — 7572 || Oct. 3 16 3 W 38 190 * 5529 Mch. 4 149 1 37 915 * 9145 || Oct. 3 16 3X 38 190 tº- 5602 Mch. 4 149 1 37 925 tº-wº 4534 || Oct. 3 16 3Y 38 191 - 5718 Mch. 4 149 1 37 928 — 7327 || Oct. 3 16 3Z 38 191 — 55.30 MCh. 4 150 1 37 945 -*. 924 || Oct. 3 16 3A.A. 38 191 - 553]. Mch. 4 150 1 37 971 - 3363 || Oct. 3 16 3.B.E 38 192 tº- 5532 Mch. 4 159 — 37 1013 4414 *8168 || Oct. 3 16 3CC 38 192 Gº- 5533 Mch, 4 160 — 37 1013 *º 1243 || Oct. 3 16 4A 38 192 sº- 5292 Mich. 4 - 165 1' 37 1015 tº-º 4995 || Oct. 3 16 4B 38 192 gº-º-º: 5293 CEIRONOLOGICAL TABLE OF LAWS [Page Stat. at Large. Date of , — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1913 Oct. 3 16 4C 38 192 – 5294 Oct. 3 16 4D 38 193 sºmº 5295 Oct. 3 16 4E 38 193 *=sº 5296 Oct. 3 16 4F (1) 38 194 sºmº 5297 Oct. 3 16 4F (2) 38 194 *mº 5298 Oct. 3 16 4G (1) 38 194 *sº 5299 Oct. 3 16 4G (2) 38 195 º 5300 Oct. 3 16 4G.(3) 38 195 *º 5301 Oct. 3 16 4H (1) 38 195 * 53.02 Oct. 3 16 4H[(2) 38 195 tº º 5303 Oct. 3 16 4I 88 195 tºº 5304 Oct. 3 16 4J (1) 38 195 gº º 5305 Oct. 3 16 4J (2). 38 196 , ºmnº 5306 Oct. 3 16 4J (3) 38 196 amº 5307 Oct. 3 16 4J (4) 38 196 emsº 5308 Oct. 3 16 4J (5) 38 196 &mº , 5309 Oct. 3 16 4J (6) 38 196 *sº 5310 Oct. 3 16 4J (7) 38 196 i-º-º: 5311 Oct. 3 16 4E 38 197 gº 56.68 Oct. 3 16 4T, 38 197 tºº 5312 Oct. 3 16 4M 38 197 *º- 5672 Oct. 3 16 4N (1) 38 j.98 º 5673 Oct. 3 16 4N (2) 38 199 º 6137 Oct. 3 16 4O 38 200 — 5724 Oct. 3 16 4P 38 201 gº- 5313 Oct. 3 16 4Q 38 201 — 5314 Oct. 3 16 4R. 38 201 Eºmº 5315 Oct. 3 16 4S 38 201 sº 5316 OCt. 3 16 4T 38 202 *º 5317 Oct. 3 16 4U 38 202 º 5318 Oct. 3 17 1 38 203 º 1054 Oct. 3 17 2 38 203 smº 1055 Oct. 3 18 — 38 203 ºmsº 985 Oct. 22 32 — 38 208 gºmº 3279 Oct. 22 32 — 38 209 mº- 423 Oct. 22 32 — 38 212 sº 3227 Oct. 22 32 — 38 218 º 520 Oct. 22 32 — 38 219 sº- 992 Oct. 22 32 — 38 219 ſºmsº 994 Oct. 22 32 — 38 220 º 995 Oct. 22 32 — 38 220 *º- 998 Oct. 22 32 — 38 220 es== ºr 1000 Oct. 22 32 — 38 221 tº- 1001 Oct. 22 32 — 38 221 ſº-º 1002 Oct. 22 32 — 38 221 tºº 1003 Oct. 22 32 — 38 223 wº- 8169 Oct. 22 32 — 38 224 sº 71.28 Oct. 23 33 — 38 233 smºmº * 98.44 Dec. 6 2 1 38 241 *sº 3123 Dec. 6 2 * 38 241 tºmº 3124 Dec. 19 3 — 38 241 *º 29.15 Dec. 23 6 1 38 251 gºe 9785 Dec. 23 6 2 38 251 *º 97.86 Dec. 23 6 3 38 253 sºmº 97.87 Dec. 23 6. 4 * 38 254 gºmº 9788 Dec. 23 6 5 38 257 * = , 9789 Dec. 23 6 6 38 258 *º 97.90 Dec. 23 6 7 38 258 sºmº 97.91 Dec. 23 6 8 38 258 5154 96.94 Dec. 23 6 9 38 259 *Eº-ºº: 9792 Dec. 23 6 10 3.8 261 324 495 Dec. 23 6 10 38 260 tº-º-º: 97.93 Dec. 23 6 11 38 261 *g 97.94 Dec. 23 6 12 38 263 sº 97.95 Dec. 23 6 13 38 263 * * 9796 Dec. 23 6 13 38 264 5202 97.64 Dec. 23 6 1.4 38 264 *mº 9797 Dec. 23 6 15 .38 265 sº 97.98 Dec. 23 6 16, 38 265 — 97.99 . Dec. 23 6 17 38 268 tºº, 96.98a IDec. 23 6 18 38 268 tºº 9.800 IDec. 23 6 19 38 270 * 9801 Dec. 23 6 20 38 271 *º 98.02 Dec. 23 6 21 38 271 5240 9832 Dec. 23 6 22 38 272 smºº 98.33 Dec. 23 6 23 38 273 tºº 96.89 Dec. 23 6 24 38 273 - 9763 Dec. 23 6 25 38 273 — 97.45 Dec. 23 6 26 38 274 — 9803 Dec. 23 6 27 38 274 5153 9691 Dec. 23 6 27 38 274 5172 9714 T) ec. 23 6 27 .38 274 52.14 97.79 Dec 23 6 5143 9681 28 38 274 1922] Date of Act. 1913 DeC. 23 Dec. 23 1914 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 17 Jan. 20 | Jan. 21 Jan. 21 Feb. 6 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Teb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 Feb. 16 |Feb. 16 Feb. 16 Feb. 16 Feb. 16 Mich. 9 Mch. 9 Mch. 9 Mch. 9 TMch. 9 Mch. 9 Mch. 12 |M.Ch. 12 Mch. 12 Mich. 12 MCh. 28 Apr. 6 Apr. 6 Apr. 6 Apr. 14 Apr. 16 Apr. 24 Apr. 24 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 25 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 *Appendix. Stat. at Large. Chap. Sec. Vol. 6 29 38 275 6 30 38 275 9 1 38 275 9 2 38 275 9 3 38 275 9 4 38 275 9 5 38 275 9 6 38 275 9 7 38 277 9 8 38 277 10 1 38 277 10 2 38 277 10 3 3 278 10 4 38 278 10 5 38 278 10 6 38 278 11 — 38 278 12 1 38 279 12 2 38 279 15 — 38 280 20 1 38 283 20 2 38 283 21 1 38 283 21 2 38 283 21 2 38 283 21, 3 38 284 21 4 38 284 21 5 38 284 21 6 38 285 21 7 38 285 21 8 38 285 21 9 38 285 21 10 3 285 21 11 38 286 21 12 38 286 21 14 38 287 21 15 38 288 21 16 38 288 21 17 38 288 21 17. 38 288 21 18 38 289 21 19 38 289 21 20 38 289 21 21 38 283 33 — 38 296 33 — 38 299 33 — 38 301 33 — 38 303 33 — 38 304 33 — 38 304 37 1 38 305 37 2 38 307 37 3 38 307 37 4 38 307 47 1 38 311 51 — 38 312 52 1 38 318 52 5 38 335 55 — 38 335 58 — 38 345 69 — 38 346 69 — 38 346 71 2 38 347 71 3 38 347 71 4 38 347 71 5 38 348 71 6 38 348 71 7 38 349 71 8 38 349 71 9 38 350 71 10 38 350 71 11 38 350 71 12 38 351. 71 13 38 351 72 — 38 351 72 — 38 353 72 — 38 353 72 — 38 353 72 — 38 354 72 — 38 354 72 — 38 354 Sec. Sec. Page." R.S. Comp. St. 9804 98.05 88.00 8801 8801a, 8801 b 8801C 8801 d 8801e 8801f 6287a, 6287b 6287 C 6287d 6287e 6287f 1010 7211. 7212 7567a, 968a, 968b • 3078a.(1) • 3078a (4) — # 3078a, (13) — # 3078a,(32) — tº 3078a (33) — tº 3078a (34) — tº 3078a.(35) – t 3078a, (36) — t 3078a.(37) — tº 3078a, (31) — t 3078a, (14) – t 3078a.(28) — t 3078a.(21) — a 3078a,(19) – t 3078a.(20) — t 3078a (22) — t 3078a, (23) — 4, 3078a (30) — 4, 3078a (24) – 4: 3078a (38) — tº 3078a,(57) *3078b(6) 7217b 7249a, 7504a, 7263 73.25a. 7326 3593a, 3593b 3593C 3593d | 9533 4538a. 3236a, 3227a, 4665a. 5218 73.25a, 7326 2026a, 2026b 2026c 2026d 2026e 2026f 1905a, 342 2026g 2026h 2026i 2026.j 6767a, I957a, 1970a, 2104a, 1882b 1891b. $2308a (52) 134 2 CHRONOLOGICAL TABLE OF LAWS Date of Act. 1914. Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 May May May May May May May May May May May May May 25 June 4 ; June 6 June 15 June 15 June 24 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30. June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 July 6 July 9 July 16 July 16 July 16 July 16 July 16 July 16 July 16 July 16 July 16 July 16 July 16 . July 16 July 16 July 16 July 17 July 17 July 17 July 17 July 17 July 17 July 18 July 18 July 18 July 18 TPage 1923] Stat. at Large. Ghap. 72 — 38 356 72 — 38 356 72 — 38 357 72 — 38 361 72 — 38 362 72 — 38 365 72 — 38 366 72 — 38 369 72 — 38 369 72 — 38 370 74 1 38 371 74 2 38 372 79 1 38 372 79 2 38 373 79 3 38 373 79 4 38 374 79 5 38 374 79 6 38 374 79 7 39 374 79 8 .38 374 91 — 38 378 92 – 38 378 98 — 38 381 103 1 38 384 104 — 38 385 106 1 38 385 106 2 38 386 124 — 38 387 130 — 38 393 130 – 38 398 130 — 38 398 130 — 38 398 130 — 38 403 130 — 38 403 130 – 38 403 130 — 38 403 130 — 38 405 130 — 38 406 130 — 38 408 130 — 38 410 130 — 38 413. 131 — 38 419 131 — 38 420 131 — 38 429 131 — 38 430 131 — 38 434 131 — 38 436 131 — 38 438 131 – 38 441 131 — 38 441 131 — 38 441 131 – 38 441 136 — 38 454 138 — 38 454 141 1 38 456 141 1 38 458 141 1 38 458 141 1 38 462 141 1 38 465 141 1 38 471 141 1 38 475 141 1 38 475 141 1 38 479 141 1 38 497 141 1 38 497 141 1 38 502 141 5 38 - 508 A 141 6 38 509 142 1 38 509 142 2 38 509 142 3 38 510 143 — 38 510 146 — 38 511 149 — 38 512 186 1 38 514 186 2 38 514 186 3 38 515 187 — 38 517 Sec. Sec. • Y Sec. Vol. Page. R.S. Comp. St. 1779a, 1905b 1999 C 1952a. 6652a, 2136a, 3594a. 6622a, 66521) 30.702. 4515a. 4515b 8877a 8877b 8877C 8877d ‘8877e 8877f 8877g 8877h 3122a, 3122b 7906 14a. 1090 10041 10041a. 8459% b (48%) 28.50a, 6868 92.08 92088, 2541a. 2541b 2541C 2574a. 6762a. 2889a, 624 2935a 6762b 8706 8681a, 6834a. * 5145 5277a, 795a, 7380a, 800 807a, 814a. 5186 6387a, 4802a. 109a, 57a. 3380a. 109 b 3286a. 367a, 364a. 5844 67192, 523a. Date of Act. 1914. July 23 July 29 July 30 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 13 Aug. 15 Aug. 15 Aug. 15 Aug. 15 Aug. 15 Aug. 15 Aug. 15 Aug. 18 Aug. 18 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 22 Aug. 25 Aug. 29 Stat. at Large. Sec. Sec. vol. Page." R.S. Comp.st. Chap. Sec. 206 — 38 554 *- 215 1. 38 565 - 216 — 38 580 - 222 1. 38 582 - 222 1 38 583 - 222 1 38 586 -- 222 1 38 586 -*- 222 1. 38 586 *- 222 1. 38 586 - 222 17 38 598 - 222 17 38 598 - 223 1 38 609 t- 223 1 38 615 - 223 1. 38 620 - 223 1 38 625 - 223 1. 38 627 - 223 1 38 627 - 223 1 38 629 *- 223 1 38 633 tº- 223 1 38 634 gº- 223 1. 38 634 sº 223 1 38 649 g- 223 1 38 653 - 223 1 38 654 *- 223 1. 38 657 - 223 1 38 658 - 223 1 38 661 - 223 1 38 665 e-º-º: 223 1 38 673 * 223 4 38 679 — 223 5 38 6.79 tº- 223 6 38 679 - 223 10 38 680 --- 223 12 38 680 - 223 13 38 680 - 225 — 38 682 5153 225 — 38 682 5172 225 — 38 682 5214 247 1 38 686 — 247 2 38 687 — 247 3 38 687 - 247 4 38 687 *- 247 5 38 687 sº- 247 6 38 688 tº- 247 7 38 688 * 247 8 38 688 *º 247 9 38 689 *- 247 10 38 689 *- 247 11 38 689 Q-º 247 12 38 689 smº 247 13 38 690 * 247 14 38 690 - 247 15 38 690 ºsmº 247 16 38 690 º 252 — 38 691 <- 253 1 38 692 tº- 253 2 38 692 - 253 3 38 692 sºmº 253 4 38 692 tº- 253 5 38 692 - 253 6 38 693 - 256 1 38 698 4132 256 2 38 699 º- 264 1 38 699 tº- 264 2 38 699 tº- 264 3 38 699 * 264 4 38 700 tº- 264 5 38 700 tº- 264 6 38 700 tºmº 264 7 38 701 * 264 8 38 701 º 264 9 38 701 ºmº 264 10 38 701 Rºmº 264 11 38 701 tº- 264 12 38 . 701 º 265 — 38 702 * 267 — 38 703 sº 270 — 38 704 mº 287 — 38 708 tº- 292 — 38 710 --> 5222a. 6901a, 968 420.5e 4125b 4125a, 4126a, 4226a. 4226b 3990a, 4077b 4283 3612a, 8459%b (43%) 33.63 8587a, 8591a, 1988b 3358a, 3361a. 3361b 933.13. 1312a 1406a. 9409a. 8447a, 10577a. 570a 927a. 3238a, 3228a. 46.40a, 4640b 4640C 4732a. 8244 2295 a. 1867a. 1867b 1867C 3593e 93.84a. 7159a, 10054a, 10054b 6731a, 6740 3235a. 3236b 96.91 9714 97.79 4713a 4713b 4713C 4713d 4713e 4713f 4713g 4713h 4713i 4714 4714a. 4714b 4714C 47146. 4714e 4714f 9801 8866 8867 8868 8869 8869a, 8869b 7709 77.07 a. 5248a. 5248b 5248c 52480i. 5248e 5248f 5248g 5248h 5248i 5248.j 5248k 5248l 1104 1186 4532a. 4637a 3544a CHRONoLoGICAL TABLE of LAws Date of Act. 1914 Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept; S ept. Sept. Sept. Sept. Sept. Sept. Sept. Sept: Sept: Sept: Sept. Sept. Oct. 5 : : 26 26 26 26 26 26 26 26 26 26 :IPage 19241 Stat. at Large. /- - S. Sec. “Sec. Chap. Sec, Vol. Page. R.S. Comp. St. 293 1 38 711 tº-º 514a. 293 2 38 711 * 514b 293 2a – — - 514bb 293 2b — *- * *514b% 293 3 38 711 -> 5.14c. 293 3a – — --- 5.14cc 293 3b — — . - 5.14ccC 293 4 38 711 -> 5.14d 293 5 38 7.1.1 º-º-º *514e 293 5a — -msm- * 514ee 293 6 38 712 -> 514f 293 7 38 712 -> 514g 293 8 38 712 tº- 514h 293 9 38 712 &- *514i 293 10 38 ‘712 — 514.j 293 12 — === -º 514k 293 13 — * º 5141xl; 293 14 — *= -: 514kkk 293 15 — *= — 514kkkk 29.3 16 — ºsmºs * 514l 293 17 — ºmº- - 514ll 293 18. — *º- - 514 lll 293 19 — * —e 514]]]] 293 20 — * * 514 m 293 21 — — -* 514 mm. 293 2 wº- s--> — *514 mmm 293 23 — — — 514 mm mm. 293 24 — i- * 514 n 293 25 — tºº G-sº 514 nn 293 , 26 — º -* 514 nnn 293 27 — ºs — *514nnn!/3 293 28 — º — *514nnn!4 293 29 — º — *514nnn}% 293 30 — tººl — *514nnn% 293 200 — * * — *514nnnn 293 201 — *> — *514o 293 202 — *s - 51400 293 203 — assmºs sºmºs *514000 293 204 — * sº-º *514Oooo 293 205 — º-º-º-º- -sº 514p 293 206 — — *sº *514pp 293 207 — *s — , 514 ppp 293 208 — * — 514pppp 293 209 — — — 5.14d 293 210 — *- , -ºny *514qq 293 300 — *- -* *514qqq 293 301 — *s — *514qqqq 293 302 — gºmºe — *514r 293 303 — :- *º 514 rr 293 304 — * - *514 rrr 293 305 — tºmº -*. 514 rrrr 293 306 — -º-º: - 5.14s 293 307 — * -e 514SS 293 308 — - -*. 514sss 293 309 — *sº — 5.14ssss 293 310 — * *- 514t 293 311 — º - *514tt 293 312 — - --> *514ttt 293 313 — ſº-º-º: wº-ºº: *514tttt 293 314 — º *- 8981 e 293 400 — º mem 514U 293 401 — E- - *514uu 293 402 — – — *514uuu 293 403 — tº- º 514 V 293 404 — º - 514vv 294 — 38 712 - . 4556 295 — 38 713 º 1056a 296 – 38 713 * 1090 308 — 38 716 -º-, 7581 308 — 38 716 — 7592 309 — 38 716 * 5333a 311 1 38 717 - - 8836a, 311 2 38 718 — . . 8836b 3.11 3 38 718 — 8836C 311 4 - 38 719 tºº 8836d 3.11 5 38 719 • *sº 8836e 311 6 38 721 --> 8836f 311 7 38 722 - 8836g 311 8 38 722 -º- 8836h 311 9 38 722 - 8836i 311 10 3 723 * 8836.j 311 11 38 724 -> 8836k 316 1 38 727 - 47.193. Date of Act. . 1914 Oct. 5 Oct. 5 Oct. 5 Oct. 7 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 15 Oct. 17. Oct. 20 Oct. 20 Oct. 20 Oct. 20 OCt. 20 Oct. 20 Oct. 20 Oct. 20 Oct. 20 Oct. 20 Oct. 20 Oct. 20 Oct. 20 Oct. . 20 Oct. 20 Oct.e. 20 Oct. 20 Oct. 20 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Oct. 22 Dec. 17 Dec. 17 Dec. 17 Dec. 17 Dec. 17 Dec. 17 T) ec. 17 Dec. 17 Dec. 17 Dec. 17 Dec. 17 Dec. 23 Dec. 28 T.91.5 Jan. 11 Jan. 26 Jan. 26 Jan. 26 Jan. 26 Jan. 28 Jan., 28 Jan. 2: Jan. 28 *Appendix. Stat. at Large. Ghap. Sec. Vol. 316 2 38 727 316 3 38 728 316 4 38 728 3.18 — 38 728 323 1 38 730 323 2 38 7.30 323 3 38 731 323 - 4 38 731 323 . 5 38 731 323 6 38 731 323 7 38 731 323 8 38 7.32 823 9 38 733 323 10 88 734 323 11 38 734 323 12 38 736 323 13 38 736 323 14 38 736 323 15 38 736 323 16 38 737 323 17 38 737 323 18 38 738 323 19 38 738 323 20 38 738 323 21 .38 738 323 22 38 738 323 23 38 739 323 24 38 739 323 25 38 740 323. 26 88 740 325 — 38 740 330 1 38 741 330 2 38 742* 330 3 38 742 330 4 38 742 330 5 38 743 330 6 38 743 330 7 38 743 330 8 38. 743 330 8a, 38 743 330 9 38 744 330 10 33 744 330 11 38 744 330 12 38 744 330 13 38 745 330 14 38 745 330 15 38 745 330 16 38 745 330 17 38 745 331 2 38 747 331 2 38 747 331 2 38 747 3.31 2 38 747 331 2 38 747 331 2 38 749 331 2 38 750 331 2 38 750 334 — 38 7.65 335 — 38 7 66 336 — 38 766 1 1 38 785 1 2 38 786 1 3 38 787 ... 1 4 38 788 1 5 38 788 1. 6 38 789 1 7 38 789 1 8 33 789 1 9 33 789 1 / 10 88 789 1 12 38 790 2 — 38 790 3 — 38 790 9 — 38 792 … 19 1 38 798 19 2 38 800 19 3 38 800 19 4 38 800 20 1 38 800 20 2 38 801 20 3 38 801 20 4 38 802 Page. R.S. Comp. St. 4 s 47.19 b 4719C 4719d 1085 88.35a, 8835b 8835C 8835d. 8835e 8835f 8835g 8835]h 8602a, 8835i 8835.j 8835): 8835l. 8835m 8835m 8835o 1243a. 1243b 1243C 1243d 1245a, 1245b. 1245c. 1245d 1245e 8835p 4538b 5078a, 5078b. 50786 50786, 50786 5078f 5078g 5078h 50'ſ Si 5078.j 5078k 5078] 5078m 5078rl 50780 5078p 50780 5078r 6111 6112 61.14 61.14f 6115 6118 6119 6122 7708 4538c 8242 6287g $28.7h 6287i 6287.j 62.87 k 6287| 62.87 m 6287n 6287o 6287p 6287q 1214 5338a. 4640d 5249a, 5249b 52496 5249d 8459%a (1) 8459%a.(2) 8459.1%a.(3) 8459%a (4) CHRONOLOGICAL TABLE OF LAWS Date of Act. 1915 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Jan. 28 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. Mch. Mch. IPage, 1925] Stat. at Large. Ghap. 20 5 38 802 20 6 38 802 22 1 38 803 22 2 38 803 22 2 38 804 22 2 38 804 22 2 38 804 22 4 38 804 22 5 38 804 22 6 38 804 23 1 38 805 23 2 38 805 23 - 3 38 805 23 4 38 806 23 5 38 806 - 23 6 38 806 23 6 38 806 23 7 38 807 54 — 38 812 57 — 38 812 68 — 38 817 74 . 1 38 817 74 2 38 818 74 3 38 819 '74 4 38 819 74 5 38 819 74 6 38 819 74 7 38 820 74 8 38 . , 821 74 9 38 821 74 10 38 821 74 11 38 821 74 12 38 822 74 13 38 822 75 1 38 . . 836 75 1 38 839 75 1 38 841 75 1 38 850 75 1 38 853 75 1 38 . 855 75 1 38 858 75 1 38 861 75 1 38 869 75 3 38 . 886 76 1. 38 889 78 — 38 893 79 1 38 89.3 79 1 3 894 81 4 38 927 81 5 38 927 81 6 38 928 81 7 38 928 81 7 38 928 81 8 38 928 82 — 38 928 83 — 38 929 . 83 — 38 929 83 — 38 929 83 — 38 930 83 — 38 930 83 — 38 930 83 — 38 931 83 — 38 931 . - 83 — 38 932 ... 83 — 38 939 83 — 3 939 A 83 — 38 939 - 83 — 38 940 83 — 38 941 83 — 38 942 83 — 38 942 ... 83 — 38 942 83 — 38 943 --- 83 — 38 943 83 — 38 944 ... 83 — 38 945 83 — 38 948 ... 83 — 38 948 . 83 — 38 952 84 — 38 953 . . 90 — 38 956 90 — 38 956 90 — 38 956 S Sec. Sec. Sec. Vol. Page. R.S. Comp. St. 1 6 8 5 8459%a (5) 8459%a.(6) 1107 1120 1126a. 1215 1223 11.20a 1233a 1704:1 31303. 3130b 3.131 3131a. 3.130C 3140a, 31.16 3130d 1906a 7714a IDate of Act. 1915 Mch. Mch. MCCh. Mch. Mch. Mch. Mch. MCh. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. MCh. JMCh. MCh. Mch. Mch. MCh. Mch. MCh. MCh. Mch. Mch. MCh. Mch. Mch. Mch. MCh. Mch. Mich. MCh. Mch. MCh. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mich. Mſ.Ch. MCCh. Mch. MC h Mch. MCh. Mch. Mch. Mch. Mich. IMCCh. Mch. Mch. Mch. IMch. Mch. Mch. Mch. Mch. Mich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. Mſch. Mch. Mch. Mch. ... MCh. Mch. Mſch. Mſ.Ch. Mch. Mích. Mch. Mch. Mch. Mch. Mch. IMſch. Mch. Mch. Mſch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. ... Mſch. . Mch. Mch. 98.43a 7696b 7696C 7696.d 7696e 7696f 7696g 7696h 7696i 7696.j 7696 k 76967 7696m 7696In 67.97a, 10585a, 6728a. 9.255 9264a, 699a, 6714a. 4714g 105.20a, 10054G 21.18C 5975 8210 8211 8447b 8435a, 8435 b 3220a 3262a. 8442a, 8514a, 62.1a. 621b) 2789 2606a 3.115i 3.115.j 2580a, 2715a, 2887a, 2637a, 28.23 2870b 8986a, 2659a, 2537a, 2537b 2537C 2537 d 2537e 6762d 2551a. 29.18a, 29292, 6762C 4568Cl 1251a, 1.251b. 1251c * Mch. Mch. IMch. Mch. wich. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mch. Mſ.Ch. Mch. Moh. Mch. MCh. Mch. Mch. MCh. Mich. Mch. Mch. Mch. Mch. Mch. Mich. Mich. Mſch. Stat. at Large. ... 153 Chap. Sec. Vol. Page." 91 — 38 956 91 — 38 957 91 — 38 957 91 — 38 957 93 — 38 958 94 1 38 958 94 2 38 959 95 1 38 959 95 2 38 959 96 1 38 959 96 2 38 960 98 — 38 960 '99 1 38 960 99 2 38 960. 100 1 38 961 100 2 38 961 100 3 38 961 100 4 38 961 100 5 38 961 140 5 38 996 141 1 38 1006 141 1 38 1007 141 1 38 1017 141 1 38 1021 141 5 38 1049 141 6 38 1049 142 3 38 1052 142 4 38 1053 142 5 38 1053 142 7 38 1053 142 10 3.8 1054 142 13 38 1055 143 1 38 1064 143 1 38 1065 143 1 38 1066 i43 1 38 1066 143 1 38 1067 143 1. 38 1068 143 1 38 1069 143 1 38 1069 143 1. 38 1070 143 1. 38 1077 143 1 38 1078 143 1 38 1078 143 1 38 1078 1:43 1 38 1079 143 1 38 1080 143 1 38 1080 143 1 38 1084 143 1 38 1084 143 2 38 1084 144 — 38 1100 144 — 38 1101 144 — 38 1101 144 — 38 1102 144 — 38 1107 144 – 38 1108 . .144 — 38 1109 144 – 38 11.10 144 — 38 1113 ... 144 — 38 1113 144 — 38 1113 144 — 38 1114 145 — 38 1122 146 — 38 1137 ... 147 1 38 1140 ... 147 1 38 1151 147 4 38 1161 ..147 5 38 1161 147 5 38 1161 ...147 5 38 1161 ... 147 5 3 1162 148 — 38 1162 ... 150 1 38 1162 ... 150 2 38 1163 153 1 38 1164 153 2 38 1164 ... 153 3 38 1164 153 4 38 1165 153 5 38 1165 153 6 38 1165 7 38 1166 S R.S €C Sec. . Comp. St. 4572 4565 4566 4571 9796 9.432 9433 787a, 787 b 968C 96.86 1062.a. 1062b 1062C 968e 968ſ 1362a, 1362b 1092a, 1136a, 134a, 3286b 6102a. 434a, 6652C 3228b 98.89 987.9 98.70 9959a, 3238b. 9845a. 1970b 2162a. 1788a. 1788b 20.97a, 2073a, 21.18a, 2118b 1750a, 6403a. 1999 d 6767b 6853b 1954b 1963c 6622b 2068a, 6772a. 2458a. 5138a. 832a, 51413, 87.40a. 814C 6723a, 830a, 8897a, 8764a, 8764b 8764C 814 Cl 7696a, 22802. 8591 b 939 6803a, 4684a. 4684b 6885a. 4684C 45.75 4568b 4568C 8306 8363b 8320 8322 8348 7734 8380 CHRONOLOGICAL TABLE OF LAWS IPage 1926 Stat. at Large. 3-> I Date of 2– — Sec. Sec. Date of . Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. 1915 - 1916 MCh. 4 153 8 38 1167 4600 8382 May 15 Mch. 4 153 9. 38 1167 4611 8391 || May 16 MCh. 4 153 10 3.8 11.68 *- 8392a || May 18 MCh. 4 153 11 38 11.68 e- 8323 May 18 Mch. 4 153 12 38 1169 – 3.25a May 18 Mſ.Ch. 4 153 13 38 1,169 g- 83632 May 18 Mch. 4 153 14 38 1170 4488 8258 May 18 MCh. 4 153 14 38 1182 4463 8225 May 18 MCh. 4 153 15 38 1184 — 7978a May 18 Mich. 4 153 16 38 1184 tº- 8382a || May 18 Mch. 4 153 17 38 1184 ºmº- 8382b | May 18 MCh. 4 153 18 38 1185 *- 8382c May 18 Mch. 4 153 19 38 1185 4581 8372 May 18 Mch. 4 153 20 38 1185 - 8337a May 18 Mch. 4 158 1 38 1186 tº- 89.076 May 18 MCh. 4 158 2 38 1186 Gº- 8907d May 18 MCh. 4 158 3 38 1187 tº- 8907e May 18 Mch. 4 159 — 38 1187 i- 1087 | May 18 Mch. 4 160 — 38 1188 — 851.4b May 18 IMCh. 4 164 — 38 1189 tº- 6338a May 18 Mch. 4 167 3 38 1191. *m- 2068e May 18 TMCh. 4 167 4 38 1.191 sº- 1899e May 18 IMCh. 4 167 5 38 1.191 *-> 1899f May 18 Mch. 4 167 6 38 1191. *-> 2049b May 18 Mch. 4 169 1 38 1192 tº- 8639a || May 18 IMch. 4 169 2 38 1.192 - 8639b | May 18 Mch. 4 169 3 38 1.192 4- 8639c May 18 Mch. 4 169 4 38 1.192 º- 8639 d. May 18 Mich. 4 170 1 38 1193 g- 1056b May 18 Mich. 4 170 2 38 11.93 --> 1056c May 18 Mch. 4 171 1 38 1193 sº- 78.12a || June 3 Mch. 4 172 1 38 1193 = 7709a || June 3 Mch. 4 176 1 38 1196 tº- 8592 || June 3 MCh. 4 176 1 38. 1196 tº- 8604a || June 3 MCh. 4 181 1 38 1214 – 5045a June 3 Mch. 4 181 2 38 1215 sº- 5045b June 3 Mch. 4 182 — 38 1215 *- 4714h June 3 MCh. 4 184 1 38 1216 4421 8182 June 3 MCh. 4 184 2 38 1217 4422 8183 || June 3 Mch. 4 184 3 38 1217 4423 3184 June 3 MCh. 4 184 4 38 1217 4424 8135 June 3 MCh. 4 184 5 38 1218 4498 8274 June 3 Mich. 4 184 6 38 1218 *º- 8180 June 3 June 3 1916 June 3 Feb. 15 22 1 39 8 476 736 June 3 Feb. 15 22 2 39 9 477 737 June 3 Feb. 15 22 3 39 9 440 669 || June 3 Feb. 15 24 1 39 9 *-* 2726a || June 3 Feb. 23 32 — 39 12 *- 1066 June 3 Feb. 28 37 1 39 15 sºm- 32.86c June 3 Teb. 28 37 1 39 15 *- 3286d June 3 Mch. 21 52 — 39 37 3646 6645 June 3 Apr. 11 64 1 39 48 sºmº- 968g | June 3 Apr. 27 88 1 39 53 - 1941a || June 3 Apr. 27 88 2 39 54 tºm- 1941b June 3 Apr. 27 88 3 39 °54 sº- 1941c June 3 Apr. 27 88 4 39 54 cº- 1941e June 3 Apr. 27 89 1 39 54 tº- 272a || June 3 Apr. 27 90 — 39 55 gº- 1066 June 3 Apr. 27 91 — 39 56 tº- 1085a June 3 Apr. 27 93 — 39 56 tº- 5291 June 3 May 4 109 1 39 61 sº- 8679 June 3 May 4 110 1 39 62 ºmmº- 2230 June 3 May 4 110 2 39 62. tº- 22.30a || June 3 May 4 110 3 39 62 sº- 2230b June 3 May 8 114 — 39 65 tºm- 4727 June 3 May 10 117 1 39 86. tºº 5933 || June 3 May 10 117 1 39 87 tºmº 5861a || June 3 May 10 117 1 39 90 gº 315a June 3 May 10 117 1 39 94 tº- 3328a, June 3 May 10 117 1. 39 101 sºm- | 738a June 3 May 10 117 1 39 108 tº- 7265a June 3 |May 10 117 1 39 109 tº- 6933a. June 3 May 10 117 1 39 110 ſº- 913a June 3 May 10 117 1 39 110 *- 913b ; June 3 May 19 117 1 39 110 - 4420a || June 3 May 10 117 1 39 110 gººm- 4428a June 3 - June 3 May 10 117 1 39 118 tº- 6933p || June 3 May 10 117 1 39 119 tº- 1340a || June 3 May 10 117 4 39 120 * - 6836a || June 3 May 10 117 5 39 120 tº- 252a || June 3 May 10 117 6 39 120 ºm- 3230a || June 3 May 15 120 - - 39 121 ººm- 8835H Stat. at Large. Chap. 121 122 124 125 125 125 125 125 125 125 125 125 125 126 126 126 126 126 126 126 126 126 126 126 126 126 126 126 126 126 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134. 134 134 134 134 Sec. - Sec. Sec. Vol. Page. R.S. Comp. St. : : i : : 39 121 122 123 124 126 127 127 128 128 129 158 159. 159 159 159 159 160 161 161 161 161 .162 162 162 162 162 162 163 163 163 166 166 166 166 166 167 167 168 169 169 169 169 169 173 173 173 174 174 176 176 176 177 178 179 *Appendix. 134 • 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 134 180 180 181 181 182 182 183 183 183 183 183 183 183 184 185 185 185 186 186 186 186 5 2 3 9 4. 9 98.21 1057 1963d 4144a. 6835a, 4227 4227a. 4079 4217a. 4042 398a. 4077a, 6789a * 7585 7586 7588 7492 7490a, 7436 7437a, 7439 7455a, 103.68 7303a, 7382a, 7403a, 7364 7212a, 7280a, 72183, 1715a. 1717a, 1882a, 1882G 1758a. 1717b 1762a. 1763b 1764 1771 1775a. 1775b 1999a, 1999b * 1784 1806 1807a, *1807 a.a.a. 1815a. 1839a, * 1829a, 1833a, 1989a, *1843a 1848 1860 345a, 1868a, 1724a, 1738a. 1718 1736a, 1731a, 1753a, *1991a. *1920b 1920aa, * 1920 a. 1991b 1842b 1897a, 1920c 1920d 2075 * 20803. 1997a, 1899b 1899 C. 2049a, 1891a, 1885a. * 1887a. 1988a, *2144a, CHRONOLOGICAL TABLE OF LAWS Date of J Ul Il e Stat. at Large. [Page - S Sec. t Sec. Vol. Page. R.S. Comp. St. Chap. 134 29 39 187 134 30 39 187 134 31 39 187 134 32 39 188 134 33 39 188 134 34 39 188 134 35 39 188 134 36 39 189 134 37 39 189 134 38 39 190 134 39 39 191 134 40 39 191 134 41 39 191 134 42 39 191 134 43 39 192 134 44 39 192 134 45 39 192 134 46 39 192 134 47 39 192 134 48 39 193 134 49 39 193 134 50 39 193 134 51 39 193 134 52 39 194 134 53 39 194 134 53 39 194 134 54 39 194 134 55 39 195 134 66 39 197 134 . 57 39 197 134 58 39 197 134 59 39 197 134 60 39 197 134 61 39 198 134 62 39 198 134 63 39 198 134 64 39 198 134 65 39 199 134 66 39 199 134 67 39 199 134 67 39 200 134 68 39 200 134 69 39 200 134 70 39 201 134 71 39 201 134 72 39 201 134 73 39 201 134. 74 39 201 134 75 39 202 134 76 39 202 134 77. 39 202 134 78 39 202 134 79 39 202 134 80 39 203 T}4 81 39 203 134 82 39 203 134 83 39 203 134 84 39 204 134 85 39 204 134 86 39 204 134 87 39 204 134 88 39 205 134 89 39 205 134 90 39 205 134 91 39 206 134 92 39 206 134 93 39 206 134 94 39 206 134 95 39 207 134 96 39 207 134 97 39 207 134 98 39 207 134 99 39 207 134 100 39 208 134 101 39 208 134 102 39 208 134 103 39 208 134 104 39 208 134 105 39 208 134 106 39 209 134 107 39 209 134 108 39 209 134 109 39 209 134 110 39 209 1894 1892a, *1892b 1892C 1892d 1891 1892f 3074a. 1881a. 1881b 1881c 18816, 1881e tº 1881.f 1881g 1881.h 1881 i 1881j 1881k 18811 1881m 1881n * 18810 1881p 1881d 1920e 3071b *1892e 2289a, 3041 3044 3043 3044a, 3044b 3044d 30440. 30446. 3044f 3053a. 3054 *3064a, 3044g 3044h 3044i 3044.j 3044k 3044l 3044 m. 3044 n 3077 30440 3044.p 30440. 3044r 3074 b 3044s 3059 30592, 3059b 3069 3.057 3058 |. 8062.a. 306.2b 3044t 3072 3064 3066 3066a, 3073a, 3066b 3067 3068 3074 3050 3049a, 3049b 3049C 3049 d 3049e 304.9f 3049 g 3044 u 3044V 1927] Date of Act. 1916 *Appendix. Stat. at Large. f ~ Sec. Chap. Sec. Vol. Page. B.S. 134 111 39 211 *º-ſº 134 112 39 211 tº gº 134 113 39 211 tºº 134 114 39 211 ſº 134 115 39 212 tºº 134 116 39 212 tºº 134 117 39 212 sº 134 118 39 213 Hºmº 134 119 39 213 wº 134 120 39 T213 ſº 134 120 39 214 tºº 134 120 39 214 tºº 134 122 39 214 tºº 134 123 39 215 º 134 124 39 215 tºº 134 124 39 215 tººl 134 125 39 216 {-, 134 126 39 217 ſºmº 134 127 39 217 ſº 140 1 39 223 sº-ºº: 140 2 39 224 $º 140 3 39 224 *-i- tº 140 4 39 224 tºº 140 5 39 224 ſº 141 – 39 224 4488 142 — 39 225 *º 143 — 39 225 t_- 148 1 39 227 tº-e 148 2 38 227 tº º 148 3 39 228 & tº . 148 4 39 228 tº- 148 5 39 228 - 148 6 39 228 tºmº 148 7 39 228 tº- a 148 8 39 229 gº 148 9 39 229 sº º 160 1 39 232 * . 160 2 39 232 ºmº 161 — 39 232 tºº 163 — 39 233 amºe 179 — 39 238 tº a 180 — 39 239 $ºsº, 181 — 39 239 mº 194 — 39 242 sº 197 1 39 243 tºº 197 2 39 244 tºmsº 197 ° 3 39 244 *sº 197 4 39 244 . * 197 5 39 245 sº 197 6 39 245 *= 197 7 39 245 tº-º-º-º: 197 8 39 245 tº-g 197 9 39 246 sº 197 10 39 246 sº 197 11 39 246 ºrsº 208 — 39 252 tºº 208 — 39 252 1674 209 1 39 273 *º 209 1. 39 273 gº- 209 1 39 274 *º 209. 1 39 275 iº 209 1 39 277 sº º 209 1 39 286 mº- ºr 209 1 39 297 º 209 1 39 303 tº . 209 1 39 308 º 209 1 39 308 Emº 209 1 39 308 gº- 209 1 39 309 tºmº 209 1 39 311 sº 209 1 39 320 tº tº 209 1 39 328 tº 209 1 39 330 tºº 209 1 39 330 tº- 209 1 39 334 sº 209 3 39 336 tºº 209 4 39 336 gº 209 5 39 336 tºº 214 — 39 341 sº 219 — 39 344 sº 220 — 39 344 gºn 225 1 39 348 4894 225 1 39 349 gº 228 1 39 352 tºº Sec. Comp. St. 3045 3076a, 3070 b 1908a, 3048 306.4b 3041a. 3044W 3055 31.15g. 3.115f 31.15m 1940a, 31.10a, 31.10b 6829b. * 1949a, 2164 1913 2813a 28.13b 291.8b 249.2a. 2813 C 8258 6567 1058 93.903. 93.90b 93.90c 93.906; 93.90e 93.90f 93.90g 93.90h 93.90i 904a. 904b 1094a. 6135 5193 5671a. 85.14c. 1941d 5227a; 52.27b. 52.27 C. 5227& 52.27 e 5227f 5227g 5227h 5227i 5227.j 5227k 3130aa. 31.16 69.20a, 6936a, 8459%b (33) 5.13a, 6553a. 7813.a. 923.8a. 783b 5208a, 52.10a, 5248m 9292.a. 39782, 7146a, 3369a, 7174 9875a, 6829a 279a. 6740a, 484a 4532b 4529a, 4568a. 9438 1731b *5046a CHRONOLOGICAL TABLE OF LAWS - [Page 1928] Stat. at Large. Stat. at Large. ID Sec. . Sec. Date of - Sec. ... Sec. º,” Chap.ºsed, vol. Page. Rºs. comp.st. || Act. Chap. sec. vol. Page. Rºs. compºst. 1916 a - 1916 July 8 228 2 — -- — *5046aa July 28 261 . 1 39 418 *mº 7214a. July 8 228 3 39 352 — *5046b July 28 261 1 39 418 *º 7218a, July 8 236 — 39 3.54 -º- 6067 July 28 261 1 39 418 3938 7420 July 11 241 1 39 355 tºº 7477a July 28 261 T 39 418 3944 7.432 July 11 241 2 39 356 º 7477b July 28 261 1 39 418 -- 7453 July 11 241 - 3 39 356 ºs 7477 c || July 28, 261 1 39 418 ºmmº- 7506a, July 11 241 4 39 356 tº- 7477d July 28 261 1 39 418 — 103.68 July 11 241 5 39 357 --- 7477e July 28 261 1 39 419 &= -º 7480a, July 11 241 6 39 357 * 7477f July 28 261 1 39 420 tºº 7522 July 11 241 7- 39 358 º 7477g July 28 261 1 39 420 — 7523 July 11 241. 8 39 358 tºsº §150 a July 28 261 1. 39 423 *- 7294a. July 11 241 9 39 359 -º- 7477.h July 28 261 1 39 423 tºº- 7294b July 11 241 10 39 359 º 7477; July 28 261 1 39 423 *= 7294C July 17 245 1 39 360 º 98.35a July 28 261 1. 39 423 º 7294d July 17 245 2 39 360 -º 98.35aa. July 28 261 1 39 423 – 7294 e July 17 245 3 39 360 tºmº 98.35b July 28 261 1 39 423 ſº-º 729 4f July 17 245 4 39 362 -mº 9835bb July 28 261 1 3 423 º 7294g July 17 245 5 39 364 ºsmºs 98.35C July 28 261 1 39 423 º 7300a. July 17 245 6 39 365 -*= 98.35cc July 28 261 1 39 424 gº | 7227a. July 17, 245 7 39 365 º 98.35d July 28 261 2 39 424 * 7502a, July 17 245 8 39 367 -º- 9835dd July 28 261 3 39 425 * 7494a, July 17 245 9 39 368 tº-º-º: 9885e July 28 261 4 39 425 º 7494b July 17 245 10 39 369 gº 9835ee July 28 261 5 39 425 º 7482a. July 17 245 11 39 369 tºs 9835f July 28 261 6 39 431 ºmº 7323 July 17 245 12 39 370 tºº 9835ff Aug. 1 264 1 39 432 tº smººn 5249; July 17 245 13 39 372 - 98.35g Aug. 1 264 2 39 433 *- 5249]x July 17 245 14 39 372 sº 98359 g Aug. 1 264 3 39 434 -º-º- 52497 July 17 245 15 39 373 tºº 9835h Aug. 1 264 4 39 434 º 5249 m July 17 245 16 39 374 ºnsººn 9835hh Aug. 7 274 1 39 436 smº 4434a, July 17 245 17 39 375 ºmº 98.35i Aug. 7 274 2 39 437 º 4434b July 17 245 18 39 375 tº- 9835ii Aug. 7 274 3 39 437 º 4434C July 17 245 19 39 376 º 9835.j || Aug. 7 274 4 39 437 * 4434d July 17 245 20 39 377 agº 9835k Aug. 8 295 — 39 440 *- , 5169a. July 17 245 21 39 377 º 9835l Aug. 9 301 — 39 441 ºsmº 8592 July 17 245 22 39 378 º 98.35m Aug. 9 301 — 39 441 º 8604a, July 17 245 23 39 379 º 98.35 n | Aug. 9 302 1 39 442 sºme 5249e July 17 245 24 39 379 tºº 98.350 || Aug. 9 302 2 39 444 sº 5249 f July 17 245 25 39 380 -º- 98.35p || Aug. 9 302 3 39 444 * 5249.g July 17 245 26 39 380 tº-º-e 98.350 Aug. 9 302 4 39 444 -º- 5249 h July 17 245 27 39 380 º- 98.35r Aug. 9 302 5 39 444 ==sº 5249i July 17 245 28 39 381 tº-º-º: 98.35s Aug. 11 313 — 39 453 sº 8747 a. July 17 245 29 39 381 *º- 98.35t Aug. 11 313 — 39 453 -º- 8747 b. July 17 245 30 39 382 gºsº 9835u. Aug. 11 313 — 39 462 †- 5137a July 17 245 32 39 384 *= 983.5V Aug. 11 313 — 39 465 tºº 8324 July 17 245 31 3 382 sºmº 9835W Aug. 11 313 — 39 469 º- 837a July 17 245 33 39 384 tº- 9835X Aug. 11 313 — 39 476 mºmº 5187b July 17 245 34 39 384 gº- 9835 y | Aug. 11 313 — 39 476 *º- 6309a, July 17 245 35 39 384 -º- 98.35Z || Aug. 11 313 — 39 476 º 6309|b July 17 246 — 39 385 tº- 1118a Aug. 11 313 — 39 476 tº-sº- 6309C July 17 247 1 39 385 --- 5249n Aug. 11 313 — 39 476 tº- 6309 d July 17 247 2 39 385 º 52490 Aug. 11 313 — 39 476 º 6309e July 17 247 3 39 386 tºº 5249p || Aug. 11 313 — 39 478 sº 6309f July 17 247 4 39 386 tº- 5249q Aug. 11 313 — 39 478 sºme 6309g July 17 248 — 39 386 * 1086 || Aug. 11 313 — 39 478 - 6309.h July 26 257 — 39 390 * — 47146 Aug. 11 313 — 39 479 *º- 6309 i July 27 260 1 39 393 ºsmº 9845b Aug. 11 313 — 39 479 -º- 6309.j July 27 260 1 39 394 -º- 9839a || Aug. 11 313 — 39 479 *º- 6309 k July 27 260 1 39 396 *E=- 9845c Aug. 11 313 — 39 480 g- 6309] July 27 260 1 39 399 tº- 9846a || Aug. 11 313 — 39 480 -º- 63091 a July 27 260 1 39 402 --- 10002 || Aug. 11 313 — 39 480 *s 63091m July 27 260 1 39 402 -º- 10002a || Aug. 11 313 — 39 480 -º-º- 63090 July 27 260 1 39 402 ºms 1.0002b: Aug. 11 313 — 39 481 * 6309p July 27 260 1 39 402 tº-º-º- 10002c Aug. 11 313 — 39 481 * 6309q July 27 260 1 39 403 *= 9902a || Aug. 11 313 — 39 481 *ºn 6309 r July 27 260 3 39 411 * 9916a || Aug. 11 313 — 39 481 sº 6309S July 28 261 1 39 413 ºsºmº 7217a Aug. 11 313 — 39 481 *º- 6309t July 28 261 1 39 413 º 72443, Aug. 11 313 — 39 482 e-º- 6309 u July 28 261 1 39 413 tº- 7244b | Aug. 11 313 — 39 482 smºs 6309 V. July 28 261 1 39 413 -º- 7246a, Aug. 11 313 — 39 482 sºmºsº 87474% July 28 261 1 39 413 * 7246b Aug. 11 313 — 39 482 * 8747%a. July 28 261 1 39 416 tº-º- 72383 || Aug. 11 313 — 39 483 sº- 8747%b July 28 261 1 39 416 * 7239a || Aug. 11 313 — 39 483 ºms 8747% c July 28 261 1 39 417 º 7236b Aug. 11 313 — 39 483 mº 87.47%d July 28 261 1 39 417 gº 7236c Aug. 11 313 — 39 484 sºs 8747% e July 28 261 1 39 417 tºº 7236d Aug. 11 313 — 39 484 -º-º- 8747%f July 28 261 1 39 417 º 7248 || Aug. 11 313 — 39 485 * 874.7% g July 28 261 1 39 417 -º- 7249b Aug. 11 313 — 39 485 - 8747% h *Appendix. CHRONOLOGICAL TABLE OF LAWS Date of Act. 1916 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 • Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 . Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 1:1 Aug. 11 Aug. 11 Aug. 11 Aug. 11 Aug. 11 . Aug. 11 Aug. 17 Aug. 17 Aug. 17 Aug. 17 Aug. 21 Aug. 21 Aug. 21 Aug. 21 Aug. 21. Aug. 21 Aug. 21 . Aug. 21 . Aug. 21 Aug. 21 . Aug. 21 Aug. 21 Aug. 21 Aug. 21. Aug. 21 Aug. 21 Aug. 21 . Aug. 21 Aug. 21 Aug. 21 Aug. 21 Aug. 21 Aug. 21 ° Aug. 21 Stat. at Large. fº- —S. Chap. Sec. Vol. Page. 313 — 39 485 313 — 39 485 313 — 39 485 313 — 39 486 313 — 39 486. 313 — 39 486 313 — 39 486 3].3 — 39 486 3.13 — 39 486 313 — 39, 487 313 — 39 487 313 — 39 487 313 — 39 487 313 — 39 487 313 — 39 487 313 – 39 488 313 — 39 488 313 — 39 488 313 — 39 488 313 — 39 488 313 — 39 488 3.13 – 39 489 313 — 39 489 313 — 39 489 313 — 39 490 313 — 39 490 313 — 39 490 313 — 39 490 313 — 39 490 313 — 39 490 313 — 39 490 3.13 — 39 490 313 — 39 490 313 — 39 491 313: — 39 491 313 — 39 491 313 — 39 491 313 — 39 492 313 — 39 492 313 — 39 492 314 — 39 493 314 - 39 493 314 – 39 493 314 — 39 493 314 — 39 497 314 — 39 504 319 1 39 506 319 2 39 507 319 3 39 .507 319 4 39 508. 319 5 39 508 ,319 6 39 508 3.19 7 39 509 319 8 39 509 349 — 39 516 350 1 39 516 350 2 39 516 350 3 39 516 ... 360 1 39 518 360 3 39 518 360 4 39 518 361 — 39 518 368 1 39 521 368 2 39 522 368 3 39 522 368 4 39 522 368 5 39 523 368 6 39 523 368 7 39 523 368 8 39 523 368 9 39 - 523 368 10 39 524 368 11 39 524 371 1 39 527 371 2 39 528 371 3 39 528 3.71 4 39 528. 371 5 39 528 371 6 39 528 371 7 39 528 371 8 39 528 371 9 39 529 #. § [Page Sec. Comp. St. 8747%i 8747%j 8747%k 87.47% 8747%a 8747%.a.a. 8747%b 87.47%bb 8747%.c 87.47%.co 8747%d 87.47%dd 8747%e 87.47% ee 87.47%f 8747 %ff 8747%g 8747 %gg 87.47%h 87.47%hh 8747%i 87.47%ii 8747%j 87.47%jj 87.47%k 8747%kk 8747 %l 87.47%ll 8747%im 8747% mm 8747%in 8747% nin 8747%.o 814b 8747% oo 8747%p 8747%pp 837 838a. 838b 2229 2234a 2246a 2246b 2219a 6752b 4695a. 4695h 4695C 4695d 46956 4695f 4695g 4695h 4734a 9438a. 9438b 9438c 4684d 4684e 4684f 5007a, 5230 a. 5230 b 5230c 5230d 5230e 5230f 5230g 5230h 5230i 5230j 5230k 10051a, 10051b 10051C 100516 10051e 10051f 100519 10051.h 1005 fi 1929] Date of Act. 1916 Aug. 21 Aug. 21 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 23 Aug. 25 Aug. 25 Aug. 25 Aug. 25 Aug. 28 Aug. 28 Aug. 28 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Stat. at Large. C----- — Sec. Sec. . . Chap. Sec. Vol. Page. R.S. Comp.St. 371 10 39 529 sº 10051j 3.71 11 39 529 gºssº 10051}x 396 1 39 530 gºº. 8907f 396 2 39 530 º 8907 g 396 3 39 530 *sº 8907h 396 4 39 531 sº S907i. 396 5 39 531 = 8907.j 396 6 39 531 *sº 8907): 399 — 39 532 — l{}15 408 1 39 535 ems=º 7876 408 2 39 535 — 787e 408 3 39 535 sº 737f 408 4 39 536 — 787g 414 2 39 538 fººmsº 8432a 414 3 39 538 tºº 8439.a. 414 5 39 538 – 8448a 415 1 39 538 — 8604a.a.a. 415 2 39 539 —- 8604aaaa. 415 . 3 39 539 — 8604b 415 4 39 539 gº 8604bb 415 5 39 539 a- 8604 C 415 6 39 539 tºº 8604 CC 415 7 39 539 gº 8604d 415 8 39 53 º 8604 dol 415 9 39 540 tºº 86046 415 10 39 540 sº 86046e 415 11 39 540 - 8604f 415 12 39 540 *s 8604ff. 415 13 39 540 ſºmºsº 8604g 415 14 39 540 * 8604gg 415 15 39 541 *E. 8604.h 415 16 39 541 — 8604.hh 415 17 39 541 — 8604i 415 18 39 541 — 8604ii 415 19 3 541 e- 8604.j 415 20 39 541 *º 8604.jj 415 21 39 541 tºmº 8604k 415 22 39 542 sºmeº 8604kk 415 23 39 543 *== 8604] 415 24 39 544 gºssº 86.04]] 415 25 39 542 * 8604m 415 26 39 542 — 8604mm 415 27 39 542 — 8604n 415 28 39 543 tºº 8604nn 415 29 39 543 — 86040 415 30, 39 543 gººmsº 860400 415 31 39 543 !- 8604p 415 32 39 543 — 8604pp 415 33 39 543 g- 86049 415 34 39 543 = 86.04 go 415 35 39 544 sº 8604r 415 36 39 544 —- 8604rr 415 37 39 544 — 86.04s 415 38 39 544 — 8604ss 415 39 39 544 : sº 8604t 415 40 39 544 — 8604tt 415 41 39. 544 tºmº 8604 u 415 42 39 545 gººmsº 8604 ulu 415 43 39, 545 — 8604V 415 44 39 545 — 8604vy 415 45 39 545 —- 8604W 416 1 39 545 — 3804 a. 416 2 39 546 —- 3809 416 3 39 546 — 3810 416 4 39 547 — 3804b 416 5 39 547 gº 3804c 416 6 39 547 — 3804d 416 7 39 547 s=º 380.4 e 416 8 39 547 * 3812. 416 9. 39 547 - 3822 416 10 39, 548 — 38.12a, 416 11 39 548 — 38.12b 416 12 39 548 — 3813 416 13 39 549 — 3814 416 14 39 549 — 3814a. 416 15 39 549 * 3814b. 416 16 39 549 amº 3814c '416 17 39 550 tºº 38.14d. 416 18 39 550 * 3814e 416 19 39 551 —- 3814f 416 20 39. 552 , sº 3815 416 21 39 553 — 381 7a. CHRONOLOGICAL TABLE OF LAWS Date of Act. 1916 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 29 29 29 29 29 29 29 Stat. at Large. r —Y Chap. Sec. Vol. Page. 416 22 39 553 416 23 39 553 416 24 39 553 416 25 39 554 416 26 39 555 416 27 39 555 416 28 39 555 416 29 39 556 416 30 39 556 416 31 39 556 417 — 39 557 417 - 39 557 417 — 39 558 417 — 39 558 417 — 39 558 417 — 39 558 417 — 39 558 417 — 39 558 417 — 39 559 417 — 39 560 417 — 39 563 417 — 39 565 417 — 39 570 417 — 39 57.1 417 — 39 571 417 — 39 57.1 417 — 39 571 417 — 39 572, 417 — 39 572 417 — 39 572 417 — 39 573 417 — 39 573 417 — 39 573 417 — 39 573 417 — 39 573 417 — 39 573 417 — 39 574 4.17 — 39 574 417 — 39 574 417 — — tº- 417 — 39 574 417 — 39 575 417 — 39 575, 417 — 39 575 417 — 39 575 417 — 39 575 417 — 39 575 417 — 39 576 417 — 39 576 417 — 39 576 417 — 39 576 417 — 39 576 417 — 39 577 417 — 39 57.7 417 — 39 577 417 — , 39 577 4.17 — 39 577 417 — 39 577 417 — 39 577 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 578 417 — 39 579 417 — 39 579 417 — 39 579 417 — 39 579 437 — 39 579 417 — 39 579 417 — 39 580 417 — 39 580 417 — 39 580 417 — 39 580 417 — 39 580 417 — 39 580 4.17 — 39 581 417 — 39 581 T Page * 25.12a, 2568a, 2573a, 2573b 2573C 27122, 27.12b 2483a, 2483 b 2701 a. 2721a. 2726b 2483C 24 S3 Ci 2483e 2483f 2547a, 26.6%a. 2814a, 2614a. 2679a, 2697a, 2697 b 2697C 2697 d 2708a. 2851a. 2623a. 2684a, 2697e 2697: 2697g * 2697.h 2482a, 248.2b 2482c 2482d 2590b * 2900a 2492b 2498a. 1930T Date of Act. - 1916 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 : Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29. Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 *Appendix. Stat. at Large. Aug. 29 . ./- - —y Chap. Sec. Vol. Page. 417 — 39 581 417 — 39 581 417 — 39 581 417 — 39 582 417 — 39 582 417 — 39 582 417 — 39 583 417 — 39 583 417 — 39 583 417 — 39 583 417 — 39 583 417 — 39 583 417 — 39 584 417 — 39 584 4.17 — 39 584 417 — 39 584 417 — 39 584 417 — 39 584 417 — 39 585 417 — 39 585 417 — 39 585 417 — 39 585 417 — 39 585 417 — 39 585 417 — 39 585 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39 586 417 — 39, 586 417 — 39 587– 589 417 — 39 587 417 — 39 589– 591 417 — 39 590 417 — 39 591 417 — 39 591 417 — 39 591– - 592 417 — 39 592 417 - 39 592 417 — 39 592 417 — 39 592 417 — 39 593 417 — 39 593 4.17 — 39 593 4.17 — 39 593 417 — 39 594 417 — 39 594 417 — 39 594 417 — 39 594 4.17 — 39 594 417 — 39 595 417 — 39 595 417 — 39 595 417 — 39 595 417 — 39 595 417 — 39 595 417 — 39 596 4.17 — 39 59.6 417 — 39 596 417 — 39 596 417 — 39 596 417 — 39 596 417 — 39 597 417 — 39 597 417 — 39 597 417 — 39 597 417 — 39 597 417 — 39 597 417 — 39 598 4.17 — 39 598 417 — 39 598 417 — 39 598 Sec. Sec. R.S. Comp. St. Z653a. 2653b 6787a, 2952%a. 2952%b 3230a, 2952% c 2952%d 295.2% e 2952%f 2952%g 2952%h 2952%i 2952%j 2952%k 2952%l 2952%m 2952% n 2952% o 2952%p . 2952% g 2952%r 2952%s 2952%t 2952%u 2943a. 2952% v 2952% w 2952%x 2993a, 2994a, 3006a, 3006 b 3022a, 3026a. 2900%a. *2900%a. 29.00%b *29004%b 29.00% c *2900%G 29001/2d = 29.001%e .*2900%o 29001%f 2900%g 2900% a 2952d — s 3078a.(8) — 3078a (9) — * 3078a (10) – “3078a.(11) – “3078a (12) – “3078a (26) – “3078a (29) — " 3078a.(15) – “3078a (16) – “3078a.(17) — " 3078a (18) — "3078a (55) * 3078b(1) * 3078b (2) * 3078b (3) * 3078b(4) * 3078b(5) * 3078b(7) *3078b(10) 3078a (2) • 3078a.(3) • 3078b (8) • 3078b (9) — * 3078b(11) — * 3078b (12) — * 3078a.(39) — * 3078a.(40) — * 3078a (41) — * 3078a.(42) CHRONOLOGICAL TABLE OF LAWS Date of Act. 1916 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 VAug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 . Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug., 29 Aug. 29 Aug. 29 Aug. 29 . Aug. 29 [Page 1931] Stat. at Large. Sec. Chap. Sec. Vol. Page. 417 — 39 - 598 417 — 39 598 417 — 39 598 417 — 39 598 417 — 39 598 417 — 39 598 417 — 39 598 417 — 39 598 417 — 39 599 417 — 39 599 417 — 39 599 417 — 39 599 4.17 — 39 599 417 — 39 599 417 — 39 600 417 — 39 600 417 — 39 600 417 — 39 600 417 — 39 600 417 — 39 600 417 — 39 600 417 — 39 601 417 — 39 601 417 — 39 601 417 — 39 601 417 — 39 601 417 — 39 601 417 — 39 602 4.17 — 39 602 417 — 39 604 417 — 39 605 417 — 39 606 417 — 39 607 417 — 39 608 417 — 39 609 417 — 39 609 417 — 39 609 417 — 39 609 417 — 39 609 4.17 — 39 609 417 — 39 609 417 — 39 61:0 4.17 — 39 (310 4.17 — 39 610 417 — 39 610 417 — 39 610 417 — 39 610 417 — 39 610 417 — 39 610 417 — 39: 610 4.17 — 39 611 417 — 39 611 417 — 39 611 417 — 39 611 417 — 39 611 4.17 — 39 612 417 — 39 612 417 — 39 612 417 — 39 613 4.17 — 39 614 417 — 39 617 4.17 — 39 618 417 — 39 618 417 — 39 618 417 — 39 618 418 1 39 622 418 1 39 622 418 1 39 622 4.18 1 39 622 418 1 39 623 418 1 39 623 418 1 39 623 418 1 39 623 418 1 39 623 418 1 39 623 418 1 39 624 418 1 39 624 Sec. R.S. Comp. St. — * 3078a (43) — * 3078a.(44) — * 3078a.(45) — * 3078a.(46) – “3078a.(47) — * 3078a.(48) - * 3078a (49) — e 3078a (50) – e 3078a, (5) – º 3078a, (7) – “3078a (51) – “3078a (52) - * 3078a (53) — * 3078a (54) — tº 3078a (6) — & 3078a,(25) — tº 3078a, (27) * 3078a (56) — 8459%a (7) — 8459%a.(8) — 8459%a (9) 8459%a. 2787a 2804a. 2748a, 2756a, 2903a, 2903b 2903c 2907b 29.07C 29.11b) 29.15a, 2903d 2903e 2907a, 2907d 2907e 2907f 2907g 2907h 2924a. 2903f 2904a. 29.11a. 2918e 2952b 2909 2918C 291.8d 2.942 2952C 3.248 28130 7686a 7686].) 76S60 1867d 1867e 6752a. 6853a. 1899a, 1899 d 1899g 1990a, 1997b 2080b 2010a. 3052a. Date of Act. 1916 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. Aug. 29 ) Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 . Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 . Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29. Aug. 29 *Appendix. Stat. at Large. - r- Y Chap. Sec. Vol. Page. 418 1. 39 624 418 1 39 625 418 1 39 625 418 1. 39 625 418 1 39 626 418 1. 39 626 418 1. 39 627 418 1. 39 627 418 1 39 628 418 1 39 628 418 1 39 629 418 1 39 630 418 1. 39 633 418 1 39 635 418 1. 39 635 4.18 1. 39 635 4.18 1. 39 639 418 *1 39 640 418 1 39 643 418 1 39 643 418 1 39 645 418 1 39 645 418 1 39 646 418 1 39 648 418 1. 39 649 418 1. 39 649 418 2 39 , 649 418 2 39 649 418 2 39 649 418 2 . 39 650 418 2 39 650 418 3 39 650 4.18 3 39 650 418 3 39 651 4.18 3 39 651 418 3 39 651 '418 3 39 651 418 3 39 651. 418 3 39 651 418 3 39 652 418 3 39 .652 418 3 39 652 418 3 39 652 418 3 39 652 418 3 39 652 418 3 39 652 418 3 39 653 4.18 3 39 653 418 3 39 653 418 3 39 653 418 3 39 653 418 3 39 654 418 3 39 654 418 3 39 654 418 3 39 654 418 3 39 654 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 655 418 3 39 656 418 3 39 656 418 3 39 656 4.18 3 39 656 418 3 39 656 418 3 39 656 418 3 39 657 418 . 3 39 657 418 3 39 657 418 3 39 657 418 3 39 657 418 3 39 657 418 3 39 657 418 3 39 657 418 3 39 658 418 3 39 658 418 3 39 658 418 3 39 658 418 3 39 659 S © C R.S. 1342 Sec. Comp. St. 32.15a. 1788c 1860a, 19803. 1832a. 1966a. 2068b. 2075a. 2068C 20680 2073b 1954a, 2164a 1951a. 1972a. 6609a, 6853C 1807b 3071a. 3106a. 1974a. 3062C 3066C 3070C 1949aa, 3052b 31.15a. 31.15b 3.115C 31156. 311.5e 2308a. 2308a.(1) 2308a.(2) 2308a.(3) . 2308a.(4) 2308a.(5) 2308a.(6). 2308a (7) 2308a.(8) 2308a (9) 2308a.(10) 2308a (1] } 2308a (12) 2308a (13) 2308a (14) 2308a (15) 2308a.(16) 2308a (17) 2308a.(18) 2308a (19) 2308a (20) 2308a (21) 2308a (22) 2308a (23) 2308a.(24) 2308a.(25) 2308a.(26) 2308a (27) 2308a (28) 2308a (29). 2308a (30) 2308a, (31) 2308a (32) 2308a.(33) 2308a (34) 2308a (35) 2308a (36). 2308a (37). 2308a.(38). 2308a.(39). 2308a (40) 2308a.(41) 2308a.(42) 2308a.(43). 2308a (44) 2308a.(45) 2308a, (46) 2308a.(47). 2308a (48) 2308a (49) 2308a,(50), . 2308a,(51). 1342 *2308a (52) CHRONOLOGICAL TABLE OF LAWS Date of Act. “ 1916 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. 29 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug. Aug. . Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. ‘Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 29 Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Sept. 1 Sept. 1 Sept. 1 Sept. 3, .5 Sept. 3, 5 Sept. 3, 5 Sept. 3, 5 5 [Page Stat. at Large. Chap. Sec. Vol. Page. 418 3 39 659 4.18 3 39 659 418 3 39 659 418 3 39 659 4.1.8 3 39 660 418 3 39 660 418 3 39 660 418 3 39 660 418 3 39 660 4.18 3 39 660 418 3 39 660 418 3 39 660 418 3. 39 661 418 3, 39 661 418 3 39 661 418 3 39 661 418 3 39 661 418 3 39 661 4.18 3 39 662 418 3 39 662 418 3 39 662 418 3 39 662 4.18 3 39 662 418 3 39 663 418 3 39 663 4.18 3 39 663 4.18 3 39 663 4.18 3 39 663 4.18 3 3 663 418 3 39 . 663 418 3 39 663 418 3 39 663 418 3 39 , 663 4.18 3 39 664 418 3 39 664 418 3 39 664 418 3 39 664 418 3 39 664 418. 3. 39 664 418 3 39 664 418 3 - 39 664 418 3 39 665 418 3 39 666 ° 418 3. 39 666 418 3 39 666 418 3 39 666 418 3 39 666 418 3 39 666 418 ° 3 39 666 418 3 39 666 ... 418 3 39 666 418 3 39 667 418 3 39 667 418 3 39 667 418 3 39 667 418 3 39 668 418 3 39 668 418 3 39 668 418 3 39 668 418 3 39 668 418 3 39 669 418 3 39 669 418 3 39 669 418 3 39 669 418 3 39 669 418 3 - 39 669 418 - 3 39 670 418 3 39 670 418 3 39 670 418 4 39 670 418 5 39 670 426 1 39 673 426 2 39 673 426 3 39 674 426 4 39 674 426 5 39 674 426 6 39 674 433 1 39 693 433 6 39 716 434 — 39 721 436 1 39 721 436 2 39 722 436, 3 39 722 436 4 39 722 437 — 39 722 Sec. - R.S. Comp. St. 1916 Sec. 1342 #2308a (53) 1342 1342 1342 1342 1342 1342 1342 1342 1342. 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 . 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342 1342. 1342 I342 2308a (54) 2308a (55) 308a (56) *2308a (57) 2308a.(58) 2308a.(59). 2308a (60) 2308a.(61) 2308a.(62) 2308a.(63) 2308a.(64) 2308a.(65) 2308a.(66) 2308a.(67) 2308a (68) 2308a.(69) 2308a (70) 2308a.(71) 2308a.(72) 2308a.(73) 2308a.(74) 2308a.(75) 2308a.(76) 2308a.(77) 2308a (78) 2308a.(79) 2308a (80) 2308a.(81) 2308a.(82) 2308a (83) 2308a (84) 2308a (85) 2308a (86) 2308a (87) 2308a.(88) • 2308a.(89) 2308a.(90) 2308a (91) 2308a (92) 2308a.(93) 2308a (94) 2308a (95) 2308a.(96) 2308a.(97) 2308a (98) 2308a.(99) 2308a (100). 2308a.(101) 2308a, (102) 2308a (103) 2308a.(104) 2308a (105) 2308a (106) 2308a.(107) 2308a (108) 2308a,(109) 2308a, (110) 2308a, (111) 1342*2308a (112) 1342 1342 1342 1342 1342 1342 1342 1342 1342 2308a,(113) 2308a (114) 2308a.(115) 2308a (116) 2308a.(117). 2308a, (118), 2308a (119) 2308a (120) 2308a (121) 2308b. 2308C 89.071, 89.07m. 8907n 89.07.0 8907p 89.07 g 3322a. 333ia. 1092a, 8680a, 8680 b 8680c 8680 d 4974 Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept.' Sept. 1932] Date of Act. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. *Appendix. - Stat. at Large. Chap. Sec. Wol. Page. - 37 — 39 723 440 — 39 724 447 — 39 725 448 1 39 7.26 '448 2 39 7.26 448 3 39 727 448 4 39 727 448 5 39 727 448 6 39 727 : 451 1 39 728 451 2 39 729 451 3 39 729 451 4 39 729 451 5 39 730 451 6 39 730 451 7 39 7.30 451 8 39 7.30 .451 9 39 730 451 10 39 731 451 11 39 731 451 12 39 732 451. 13 39 732 451 13 39 732 451 14 39 733 451 15 39 733 451. 16 39 734 451 17 39 734 451 18 39 735 451 19 39 735 451 20 39 735 451 21 39 736 451 22 3 736 451 23 39 736 451 24 39 736 451. 25 39 736 451 26 39 737 451 27 39 737 451 28 39 737 451 29 39 737 451 30 39 737 451 31 39 738. 451 32 39 738 451 33 39 738. 451 34 39 738 451 36 39 738 451 37 — tº- 451 39 — -- 451 40 — sº 451 41 — — 451 42 — — 451 43 — *sº 451 44 — — 453 — 39 740 455 — 39 741 458 1 39 742 458 2 39 743 458 3 39 743 458, 4 39 743 458 5 39 743 458 6 39 743 458 7 39 743 458 8 39 743 458 9 39 743 458 10 39 744 458 11 39 745 458 12 39 746 458 13 39 746 458 14 39 746. 458 15 39 746. 458 16 39 746 458 17 39 746 458 18 39 746 458 19 39 746 458. 20 39 747 458 21 39 747 458 22 39 747 458 23 39 747 458 24 39 747 458 25 39 747 458 26 39 747 458 27 39 747 458 28 39 748 458 28a, 39 748 458 29 39 748 * 8146aa, 8146b 8146bb 8146c 8146cc 8146d 8146dd *8146e 8146ee 81.46f 81.46ff 6829c e8146g 81.46gg 8146h 8146.hh 8146i 8146.ii. 8146.iii 8146.j 8146.jj 8146k 81.46 k}x 8146] 8146]] 81.46m. 81.46mm 81.46m. 8146nn 81460 8146 oo 8146.p 8146.pp 8146C. 8146r *8146 r(1) *8146r(2) *8146r (3) *8146r(4) *8146r (5) *8146 r(6) *8146r (7) *8146r (8) 6187 41702. 893.2a : 89.32a.a. 89.32%) 89.32pb 8932C 89.32CC 89.32d 8932dd 8932e 8932ee 89.32f 89.32ff 89322 89.329.g 89.32}m 89.32hh 89.32i 89.32ii 8932.j 8932.jj 89.32k 89.32kk 8932, 89.321] 89.32m 8932mm 89.32n 8932nn 893.20 893.200 CEIRONOLOGICAL TABLE OF LAWS” [Page 1933 Stat. at Large. I Stat. at Large Date of S Act. Chad. — Sec. Sec. Date of ,- Sec. Sec. 1916 p. Sec. Vol. Page. B.S. comp.st. i 㺠Chap. See. vol. Page. i. coºst. Sept. 7 458 30 39 748 – . - Sept. 7 458 31 39 749 t-nºs sº; §: : ; 308 39 782 – 633.6%i Sept. 7 458 32 39 .749 -º- sº sº : #: 309 39 782 – 6336%j §: ; ; ; ; ; – s; , ; ; ; ; ; ; – "...; Sept. 7 458 35 39 749 – §: | #: ; ; 311 39 782 – 6336%l sº º . ; ; – ; ; ; ; ; ; ; – sº Sept. 7 458 37 39 749 Bºº 8932s S º: § 400 39 783 * 6144a. §: ; ; ; ; ; – ºss |s. 463 401 39 783 – 61.10a. Sept. 7 458 39 39 749 i-º- 8932t ; 8 463 402 (a) 39. 783 - 6110b Sept. 7 458 40 39 750 tº-ºº- 8932tt ; 8 463 402(b) 39 784 i- 6110b Sept. 7 458 41 39 750 º sºuls. : 3. 402 (c) 39 784 t- 6110b Sept. 7 458 42 39 750 – sº |s. 8 4 3 402(c) 39 7.84 - 6111 Sept. 7 461 — 39 752 tºº jº |j 63 402 (c) 39 785 - 6112 Sept. 7 461 — 39 752 ºsmº #6 |s: ; 463 402(c) 39 785 - 6114 Sept. 7 461 – 39 753 5202 #|; ; ; 4023) # 786 – 6114a. Sept. 7 461 — 39 754 *º- § j : º 39 786 - 61.14%) Sept. 7 461 — 39 754 º 9797 §: 8 463 º 39 787 - 61.14c §: 7 461 – 39 754 — § 5: ; ; §§ : # - #. ept. 7 461 — 39 == º, º 2, ... " - º- € ºf , ; ; ; ; – ; ; ; ; *; ; ; * : Sept. 8 463 2 39 757 *sº § sº. § 38; 40% - 3, Sept. 8 463 4 39 # sºmes * § s: : ; ; ; § - º Sept. 8 463 5 39 7.59 º- 6336e Sept. 8 463 407(1) 39 789 - 5980a. Sept. 8 463 6 39 760 º 6336f Sept. 8 463 407 (2) 39 790 * 59.80% Sept. 8 463 7 39 761 º 6336; Sept. 8 463 407(3) 39 790 — 5980c Sept. 8 463 8 39 761— — 6336|| | Sept. 8 463 407(4) 39 791 t- 59806. - 763 Sept. 8 463 407 (5) 39 791 — 5980e Sept. 8 463 9 39 763— — 6336i Sept. 8 463 407(6) 39 791 – 5980f 765 w Sept. 8 463 407 (7) 39 791 - 5980g Sept. 8 463 10 39 765 – 6836; Sept. § 4; 49%. 33 fº1 – 5980h. Sept. 8 463 11 39 766 – 6. Sept. § 4; 4079) 33 731 – 5980i Sept. 8 463 12 39 767— — Sept. 8 463 408 39 791 – 5980.j 63367 - 980j 770 Sept. 8 ° 463 409 39 792 * 5980k Sept. 8 463 18 89 tº - 6826mliº 5 # * : * - 5980, 772 - ..” Sept. 8 - 463 411 39 793 — 6346a, sept, s ass 14 as # – sººn liº # #: ; # = ** Sept. 8 463 14(d) 39 773 3225 ;|Sept. . . ; ; ; – 5877a, Sept. 8 463 15 39 773 =' g;|3: . : 500 39 793 * 5291 Sept. 8 463 16 39 773 3167 5887 ; ; ; 500 39 793 * 5291a, Sept. 8 463 16 39 773 3172 j is: 8 463 º 39 794 * 5291 Sept. 8 463 16 39 773 3173 5896 §: 8 463 . # § 724 - 5291}) sept. § 463 is 39 773 3176 5399 |sept. § 463 502 ; : – 5291 Sept. 8 463 17 39 775 sº 6:33, sept. § 463 600 39 794 – 52916 Sept. 8 463 18 39 775 — § |sº. 3 tº Yoo gº # = 5291 Sept. 8 463 19 39 776 memº §: sept. § 463 701 39 # * 5326a. Sept. 8 463 20 39 776 º gºs | Sept. § 463 702 39, | 5 * 5326 b Sept. 8 463 21, 39 776 – §: sept. § 463 703 35' ; = . Sept. 8 463 22 39 776 == dºu | sept. § 463 704 39 #: — 5323d Sept. 8 463 23 39 776 – 633& sept. § 463 705 39 #: - 5323s Sept. 8 463 24 g º – & sº. § 463 706 39 6 *- 6326f Sept. 8 463 25 39 777 ººm 6336x s: 8 463 0 797 --- 5326g Sept. 8 463 ... * '''. T 6: ; ; , ; #: 39 797 - 5326h Sept. 8 463 27 — -* *= 6336xxx §: 8 463 8 39 798 * 5326i. Sept. 8 463 28 — — - §§: ; ; § 39 798 *- , 5326; ; ; ; ; T ~ I g;|s; ; ; ; 39 798 – -8836l Sept. 8 463 30 — *sms *= 6336 yyy S : 8 463, 8 39 798 * 8836m Sept. 8 463 31 — — ºsmºs 63362. s: § 463 ; 39 799 -º- 8836n. Sept. 8 463 32 — — — 633627. §: . . . . : # I 8836o Sept. 8 463 200 39 777 – 63361%a | Sept. 8 463 805 39 799 — 8836p sept. 8 463 201 39 777 – 6336%b | Sept. 8 463 806 39 799 tº- 8836q Sept. § 463 202 39 777 – 6336% c | Sept. 8, 463 900 39 800 - 8836r Sept. 8 463 203 39 778 – 6:36:%d sept. § 463 901 39 801 - ; Sept. 8 463 204 39 778 — 63.36%e Sept. 8 463 902 39 801 — § Sept. 8 463 205 39 778 — 6336%f Sept. 8 464 1 39 803 *º #. Sept. 8 463 206 39 779 — 6336%g | Sept. 8 464 1 39 803 – 6696a. Sept. 8 463 207 39 779 — 6336%h | Sept. 8 464 1 39 820 tº- §. Sept. 8 463 208 39 779 — 6336%i | Sept. 8 464 4 39 830 gº. Sept. 8 463 209 39 780 — 63.36%j| Sept. 8 470 1 : ś - §. Sept. 8 463 210 39 780 — 6336%k | Sept. 8 470 2 39 845 -- § Sept. 8 463 211 39 780 — 6336%l Sept. 8 470 3 39 845 - 8981 Sept. 8 463 212 39 780 — 6336%m | Sept. 8 470 4 39 845 - j Sept. 8 463 300 39 780 — 6336%a Sept. 8 475 1 39 850 * 1070 Sept. 8 463 301 39 781 – 6336%b | Sept. 8 475 2 39 850 tº-º #; sº. § 3; 302 39 igi — 6336%g | Sept. 8 475 3 39 850 - 1070 sept. § 463 303 39 781 – 6336%d Sept. 8 475 4 39 851 - #. sº. § 3; 304 & 731 – 63.36%e sept. § 475 5' 39 851 * idio sept. § 463 305 39 782 – 6336%f sept. 8 475 6 39 851 'ſue Sept. 8 463 306 39 782 – 63.36%g | sept. § 475 ; : : - #. sept. § 463 807 39 782 – 6836%h 1 Sept. 8 475 8 89 851 – iółoń CHRONOLOGICAL TABLE OF LAWS IPage 1934] Stat. at Large. Date of ,- Act. Chap. 1916 Dec. 29 9 1 39 Dec. 29 9 2 39 Dec. 29 9 3 39 Dec. 29 9 4 39 Dec. 29 9 5 39 Dec. 29 9 6 39 Dec. 29 9 7 39 TXec. 29 9 8 39 Dec. 29 9 9 39 Dec. 29 9 10 39 Dec. 29 9 11 39 1917 Feb. 3 26 1 39 Feb. 3 26 2 39 Feb. 3 26 3 39 Feb. 3 26 - 4 39 Feb. 3 26 5 39 Feb. 3 26 6 39 IFeb. 3 27 — 39 Feb. 5 29 1 39 Feb. 5 29 2 39 Feb. 5 29 3 39 Feb. 5 29 4 39 Feb. 5 29 5 39 Feb. 5 29 6 39 IFeb. 5 29 7 39 Feb. 5 29 8 39 Feb. 5 29 9 39 Feb. 5 29 10 39 Feb. 5 29 11 39 Feb. 5 29 11a, 39 Feb. 5 29 12 39 Feb. 5 29 13 39 Feb. 5 29 14 39 Eleb. 5 29 15 39 Feb. 5 29 16 39 Feb. 5 29 17 39 Feb. 5 29 18 39 Feb. 5 29 19 39 Feb. 5 29 20 39 Feb. 5 29 21 39 Feb. 5 29 22 39 Feb. 5 29 23 39 Feb. 5 29 23 39 Feb. 5 29 23 39 Feb. 5 29 23 39 Feb. 5. 29 23 39 Feb. 5 29 24 39 Feb. 5 29 25 39 Feb. 5 29 26 39 Feb. 5 29 27 39 Feb. 5 29 28 39 Feb. 5 29 29 39 Feb. 5 29 30 39 Feb. 5 29 31 39 Feb. 5 29 32 39 Feb. 5 29 33 39 Feb. 5 29 34 39 Feb. 5 29 35 39 Feb. 5 29 36 39 Feb. 5 29 37 39 Feb. 5 29 38 39 Feb. 8 34 — 39 Feb. 14 53 1 39 Feb. 14 53 2 39 Feb. 14 53 3 39 R’eb. 14 53 4 39 Feb. 14 53 5 39 Feb. 14 53 6 39 Feb. 14 53 7 39 Feb. 14 53 8 39 Teb. 14 53 9 39 Feb. 14 53 10 39 Feb. 14 53 11 39 Feb. 14 53 12 39 Feb. 14 53 13 39 Feb. 14 53 14 39 Feb. 14 53 15 39 Feb 14 53 16 39 Feb 14 53 17 39 Sec. Wol. Page." 862 862 863 863 863 863 864 864 864 865 865 872 873 873 873 873 873 873 874 875 875 878 879 879 879 880 880 881 881 882 882 884 884 885 885 887 887 $89 890 891 891 892 892 892 892 893 893 893 894 894 894 894 895 895 895 896 896 896 896 897 897 900 903 903 904 904 904 904 904 905 905 905 905 906 906 906 906 906 906 Sec. R.S. Sec. Comp. St. 4587a, 4587b 4587C 4587d 4587 e 4587f 4587 g 4587 h 4587 i 4587.j 4587k 91882, 91.88%) 91.88C 91886. 91886 91.88f 1253 4289%a. 4289%aa. 428914 b 42.89%bb 4289% c 428914 cc 428.9% d 428914dd 4289% e 4289% ee 428914f 428914ff 4289%g 4289%gg 428914.h 428914.hh 4289%i 428914ii 428914.j 4289%jj 4289%k 4289%kk 4289%l 959 4289%ll 4289%m 42.89% o 428914 mm 4289% oo 4289%p 4289%pp 4289% g 4289% n 4289% nin 960 4289% CIQ. 4289%r 4289141-r 428914s 4289% ss 4289%t 4289%tt 4289%u 3369 by 3643b 3643bb 3643C 3643CC 3643d 3643dd 36436 3643ee 3643f 3643ff 3643g 3643gg 3643h. 3643hh 3643i 3643ii 3643.j Date of Act. 1917 Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. ‘Feb. Feb. Feb. Feb. Feb. Eleb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. IFeb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mch. Mch. MCh. MCh. Mch. Mch. Mch. Mch. MCh. IMCh. IMCh. Mch. Mch. 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 17 20 20 20 22 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 26 26 26 26 26 26 26 26 26 26 26 26 26 26 : Stat. at Large. ,-- —N Chap. Sec. VoI. Page. 53 18 39 907 53 19 39 907 53 20 39 907 53 21 39 907 53 22 39 908 53 23 39 908 53 24 39 908 53 25 39 908 53 26 39 908 53 27 39 908 53 28 39 908 53 29 39 908 53 30 39 909 53 31 39 909 53 32 39 909 53 33 39 909 61 — 39 916 63 1 39 918 63 2 39 918 63 3 39 918 64 — 39 919 71 — 39 920 84 — 39 922 98 — 39 925 101 — 39 926 102 — 39 927 113 — 39 929 114 1 39 92.9 114 2 39 930 114 3 39 930 114 4 39 931 114 5 39 931 114 6 39 932 114 7 39 933 114 8 39 933 114 9 39 933 114 10 39 934 114 11 39 934 114 12 39 935 114 13 39 935 114 14 39 935 114 15 39 936 114 16 39 o 936 114 17 39 936 114 18 39 936 115 — 39 936 116 — 39 937 119 — 39 937 120 — 39 938 121 1 39 938 121 2 39 938 121 3 39 938 121 4 39 938 121 5 39 938 121 6 39 939 121 7 39 939 121 8 39 939 122 1 39 939 122 2 39 939 124 — 39 942 125 — 39 942 133 1 39 944 133 2 39 945 133 3 39 945 133 4 39 945 134 — 39 946 137 — 39 946 144 1 39 948 144 2 39 949 144 3 39 950 144 4 39 951 145 1 39 951 145 2 39 951 145 3 39 953 145 4 39 953 145 5 39 953 145 6 39 953 145 7 39 954 145 8 39 954 145 9 39 954 Sec See. fº.s. Comp. St. : : : 4 4 1 4 3643jj 3643k 3643kk 3643? 3643]] 3643m. 3643mm. 3643n. 3643nn 36430 364300 3643p 3643pp 3643d 3643C1q. 3643r 5249aa, 8228 8229 82.30 10200a, 4728 85.63a. 45.74b 4591a, 1088 991a, 93.90%a. 93.90%aa. 93.90%b 93.90%bb 93.90% C 93.90% co 93.90%d 93.90%dd 93.90% e 93.90% ee 93.90%f 93.90%g 93.90%h 93.90%i 93.90%j 93.90% k 93.90% l 93.90% m 10226a. 2073a.a. 98.44a. 96.8bn 5249 r 52491 r 5249s 5249SS 5249t 5249tt 5249 u 5249 uu 1095a, 1095b 4694a, 8168 4668a. 4668b 4668C 4668 d 4684cc 7702 10030%a. 10030%b 10030% c 99.95a, 3803a, 3803a.a. 3803a.a.a. 3803b 3803bb 3803bbb 3803c 3803CC 3803 CCC CHRONOILOGICAL TABLE OF LAWS [Page 1935T Stat. at Large. Stat. at Large. - Date of 2- — Sec. Sec. Date of 2– — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1917 1917 MCh. 2 145 10 39 954 tº- 3803d | IMCh. 3 162 1 39 1067 tº- 7264a. MCh. 2 145 11 39 955 -E 3803dd || MCh. 3 162 2 39 1068 - 5842. Mich. 2 145 12 39 955 — 3803ddd | Mch. 3 162 1 39 1068 tº- 7300 b MCh. 2 145 13 39 955 tº-º 3803e MCh. 3 162 5 39 1069 - 8739 a. MCh. 2 145 14 39 956 - 3803ee MCh. 3 162 5 39 1069 tº- 10387a, MCh. 2 145 15 39 956 — 3803eee Mich. 3 162 5 39 1069 º- 10387b MCh. 2 145 16 39 956 cº-º 3803f Mich. 3 162 5 39 1069 - 10387C MCh. 2 145 17 39 956 F- 3803ff Mch. 3 163 1 39 1075 º- 73 Mich. 2 145 18 39 957 — 3803ſff Mch. 3 163 1 39 1080 . — 3286e MCh. 2 145 19 39 957 - 3803g | Mch. 3 163 1 39 1080 - 32.86ſ MCh. 2 145 20 39 957 -º- 3803gg | Mich. 3 163 1 39 1080 tº- 3286g Mch. 2 145 21 39 958 --> 3803h Mch. 3 163 1 39 1081 *º 3286 h Mch. 2 145 22 39 958 cº-mº 3803.hh Mich. 3 163 1 39 1081 - 3286i MCh. 2 145 23 39 958 - 3803i | Mich. 3 163 1 39 1081 tº- 3286.j Mich. 2 145 24 39 958 *- : 3803ii | Meh. 3 163 1 39 1082 g- 297 MCh. 2 145 25 39 958 tº-sº 3803; Mch. 3 163 1 39 1083 * 353 MCh. 2 145 26 39 958 -Eº 3803ij | Mch. 3 163 1 39 1083 gº- 6987a, MCh. 2 145 - 27 39 959 — 3803.jjj | Mch. 3 163 1 39 1084 – 6696aa Mch. 2 145 28 39 959 --> 3803]< | MCh. 3 163 1 39 1086 tº- 352a. Mch. 2 145 29 39 959 --> 3803kk | Mich. 3 163 1 39 1090 ( -} 5859a, MCh. 2 145 30 39 959 - 38037 MCh. 3 163 1 39 1090 tº- 5859b MCh. 2 145 31 39 960 - 380377 | Mch. 3 163 1 39 1091 - 5859C Mch. 2 145 32 39 960 -sºs 3803m | Mch. 3 163 1 39 1091 tº-3 5859 d. Mich. 2 145 33 39 960 — 3803mm | MCh. 3 163 1 39 1094 gº- 315a. Mſch. 2 145 34 39 960 --> 3803m | Mch. 3 163 1 39 1102 tº- 655 MCh. 2 145 35 39 963 - 3803 mn MCh. 3 163 1 39 1103 tº- 672a, Mich. 2 145 36 39 963 —' 38030 | Mch. 3 163 1 39 1106 i- 3231a. Mch. 2 145 37 39 964 --> 3803oo MCh. 3 163 1 39 1108 tº- 4460a, MCh. 2 145 38 39 964 -º 3803D Mch. 3 163 1 39 1109 tº- 572a, MCh. 2 145 39 39 964 --> 3803pp Mch. 3 163 1 39 1109 º- 578 Mch. 2 145 40 39 965 - * 3803g | Mch. 3 163 1 39 1110 sºm- 525a, Mch. 2 145 41 39 965 cº-º-º: 3803dq | Mich. 3 163 1 39 1110 * 579a, MCh. 2 145 42 39 966 --> 3803r *:::: ; #: i ; #: sm- ; MCh. 2 145 43 39 966 - 3803rr M1CR. *- 2, Mich. 2 145 44 39 966 tº-e 3803s | Mich. 3 163 5 39 1121 assº- 252a. Mch. 2 145 45 39 966 - 3803ss | MCh. 3 163 6 39 1121 tº- 6953a. Mch. 2 145 46 39 966 -º 3803.t MCh. 3 163 8 39 1122 •- 3286]< Mch. 2 145 47 39 967 - 3803.tt Mch. 3 164 1 39 1122 cº- 5248a.a. Mich. 2 145 48 39 967 -º 3803u MCh. 3 164 2 39 1122 — 5248aaa. Mch. 2 145 49 39 967 tº-ºº: 3803uu MCh. 3 164 3 39 1122 — 5248aaaa. Mch. 2 145 50 39 96.7 -º 3803w Mch. 3 165 1 39 1123 — 34.21%a. MCh. 2, 145 51 39 967 — 3803wv | Mich. 3 165 2 39 1123 — 342.1%aa. MCh. 2 145 52 39 96.7 --> 3803w MCh. 8 165 2a, , 39 1123 — 3421%b Mich. 2 145 53 39 968 – 3803ww MCh. 3 165 3 39 1124 — 34.21%bb Mch. 2 145 54 39 968 --> 3803x MCh. 3 165 4 39 1125 — 342.1% C Mich. 2 145 55 39 968 -º-e 3803xx MCh. 8 165 5 39 1125 — 34.21%CC Mch. 2 145 56 39 968 - 3803y Mſch. 3 165 5a, 39 1126 tº- 342.1%d MCh. 2 145 57 39 968 - 3803yy MCh. 3 165 6 39 1126 — 342.1%dd Mch. 2 145 58 39 968 *sº 38032 *:::: : #: : : #: tº- sº Mch. -- Ch. 1. tº- 4 ee §: ; #: i ; ; - *:::: MCh. 3 165 9 39 1127 — 3421%f Mich. 2 146 17 39 983 – 4137a Mich. 3 165 12 39 1128 – 3421%gg Mch. 2 146 21 39 988 – 1165, Mch. 3 16" 13 39 1128 – 3421%h Mch. 2 147 — 39 994 -º- 524&n | Mich. 8 16t, 14 39 1128 — 34.21%hh. Mch. 2 153 — 39 999 -e 9601 | Mch. 3 165 15 39 1128 sm-e 342.1%i Mch. 3 159 300 39 1002 — 63361%b | Mch. 3 165 16 39 1128 * 342.1%j Mch. 3 159 301 39 1002 — 63361%bb | MCh. 3 165 17 39 1129 — 34.21%k MCh. 3 159 400 39 1002 ſº-ſº 6829 d Mch. 3 165 18 39 1129 tº- 342.1%l Mch. 3 159 401 39 1003 *s, 6824 Mch. 3 165 19 39 1129 — 3421%m MCh. 3 159 402 39 1003 - 6336xx MCh. 3 165 20 39 1129 — 342.1% n MCh. 3 160 1 39 1026 -º 3369c Mch. 3 165 21 39 1129 — 34.21% o Mch. 3 161 — 39 1055 -º 8548a MCh. 8 165 22 39 1129 — 34.21%p MCh. 3 162 1 39 1059 tº- 582a || MCh. 3 165 23 39 1130 — 342.1% q Mſch. 3 162 1 39 1062 tº-º 7231a | Mch... 3 165 24 39 1130 ſº- 342.1%r TMCh. 3 162 1 39 1062 - 7231b | Mch. 3 165 25 39 1130 — 342.1%.S MCh. 3 162 1 39 1062 - 7236a | Mch. 3 167 — 39 1131 *- 3607a. Mch. 3 162 1 39 1062 - 7239b | Mch. 3 169 2 39 1131 º- 514g Mch. 3 162 1 39 1062 -* 7239C | Mch. 3 170 — 39 1132 º 9101a. MCh. 3 162 1 39 1063 tº-º 7237a. | Mich. 3 171 1 39 . 1132 — 39.24%a, Mch. 3 162 1 39 1063 - 7237b | Mch. 3 171 2 39 1132 — 39.24%b MCh. 3 162 1 39 1064 - 7430a | Mch. 3 171 3 39 1133 — 39.24% G MCCh. 3 162 1 39 1065 *- 7513 Mch. 3 171 4 39 1133 — 3924%d MCh. 3 162 1 39 1065 *-ºl 7517a. | Mich. 3 171. 5 39 1133 — 39.24% e MCh. 3 162 1 39 1065 - 75.18a, Mch. 3 171 6 39 1133 — 39.24%f MCh. 3 162 1 39 1065 --> 7519 MCh. 3 171 7 39 1133 — 39.24%g MCh. 3 162 1 39 1065 * 7523a. | MEch. 3 171 8 39 1133 — 39.24%h IMCh. 3 162 1 39 1066 -- 7431a | Mch. 4 179 —, 39 1137 tº-º 845a. Mch. 3 162 1 39 1066 e- 7539a J Mch. 4 179 — 39 1144 º 820a. CHRONOLOGICAL, TABLE OF LAWS Date of Act. 1917 MCh. IMCh. Mch. . Mch. Mch. Mch. Mch. IMch. Mich. Mch. MCh. Mch. IMCCh. IMCh. Mch. Mch. IMch. Mch. Mch. Mich. MCh. MCh. IMCh. , Mich. Mch. Mch. Mch. Mch. Mch. Moh. lMch. Mch. Mch. Mch. Mch. Mch. Mch. Mſch. Mch. Mch. May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12. May 12. May 12. Stat. at Large. r— —N Chap. Sec. Vol. Page. 179 — 39 1145 179 — 39 1149 179 — 39 1150 179 - 39 1157 179 — 39 1157 179 — 39 1159 179 — 39 1163 179 — 39 1165 179 — 39 1167 179 — 39 1167 180 — 39 1169 180 — 39 1171 .180 — 39 1171 180 — 39 1172 .180 — 39 1172 .180 — 39 1174 180 — 39 1175 .180 — 39 1180 180 — 39 1181 180 – 39 1181 180 — 39 1181 180 — 39 1182 180 — 39 1182 180 — 39 1182 180 — , 39 1182 180 — 39 1183 180 — 39 1184 180 — 39 1184 180 — 39 1188 180 — 39 1188. 180 — 39 1189 180 — 39 1189 180 — 40 1191 180 — 39 1.192 180 — 39 1192 180 — 39 1193 . 180 — 39 1193 180 — 39 1194 180 — 39 1194 180 — 39 1194 184 1 39 1197 184 2 39 1197 189 1 39 1199 189 2 , 39 1200 189 3 39 1201. 3 1 40 11 3 1 40 19 4 1 40 35 4 2 40 35 4 3 40 35 4 4 40 36 4 5 40 36 4 6 40 36 4 7 40 37 4 8 40 37 4 9 — - 5 – 40 37 6 — 40 38 7 — 40 38 8 — 40 38 9 — 40 38 11 — 40 39 12 — 40 41 12 — 40 41 12 — 40 43 12 — 40 43 12 — 40 43 12 — 40 43 12 — 40 44 12 — 40 44 12 — 40 45 12 — 40 46 12 — 40 47 12 — 40 48 12 — 40 48 12 * 40 50 12 — 40 52 12 — 40 55 12 - 40 56 12 * - 40. * 58 ..Sec. . R.S. Comp. St. IPage Sec. ... 5138 5187aa. 5187a. 825a. 832C 839 a. 795ala, 8760 814 bb 8706a, 3115*/32f 26.193, 3037 657a, *3078a (25) 29001/2 C 9.204a. : 2804bb 2559a ; 2571a. 2841a. 27.00a 2726bb 2737 a 10242a. 2808a. 2672a, 2781a, 29.29b. 7256a, 2939 2942a, 2941a, 31.15 */16a 8922a, 3115*/16b 31.15 */16C 2804f 2804ff 10208 4934 4938 9067a, 9067b 9067 G 3052d 3593dd 6829ee 6829f 6829ff 6829 g 6829.gg 6829 h 6829h.h. 6829 i 6829iłł 290014, b 2578a. 657b) 2726.a.a. 2900% c 10174. 2016a, 2016aa. 1867cc 1972aa 1997a.a. 10078a, *1920 a. 1991d 2146 1762a. 1991C 2078a. 2101a. 1784a 2161a 1972b 1780a, 9208b ſ 1936] Date of Act. 1917 IMay 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 May 12 IMay 12 May 12 May 12 May 12 May 12 May 12 May 12 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 18 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 22 May 29 |May 29 May 29 *Appendix. Stat. at Large. r— .Chap. , Sec. ... 12 — 40 59 12 — 40 59 12 — 40 64 12 — 40 64 12 — 40 65 12 — 40 65 12 — 40 65 12 — 40 65 12 — 40 66 12 — 40 67 12 — 40 67 12 — 40 68 12 — 40 68 12 — 40 68 12 — 40 69 12 — 40 71 12 — 40 72 12 — 40 72 . 12 — 40 . . 72 12 — 40 72 12 — 40 73 12 — 40 73 12 — 40 73 12 — 40 73 12 — 40 74 12 — 40 74. . 12 — 40 74 12 — 40 74 12 — 40 74 12 — 40 74 12 — 40 75 15 1 40 76 15 2 40 77 15 3 40 78 15 4 40 78 15 5 40 80 15 6 40 80 15 7 40 81 15 8 40 81 15 9 40 82 15 10 40 82 15 11 40 82 15 12 40 82 15 13 40 83 18 — 40 84 20 1 40 84 20 2 40 84 20 3 40 85 20 4 40 85 20 4 40 85 20 4 — — 20 5 40 85 20 5 40 86 20 5 40 86 20 5 — — 20 5 — — 20 6 40 86 20 7 40 86 20 8 40 86 20 9 40 86 20 10 40 87 20 11 40 87 20 12 40 87 20 13 40 87 20 14 40 87 20 15 40 87 20 16 40 87 20 16 40 88 20 16 40 88 20 16 40 88 20 16 40 88 20 16 40 88 20 17 40 89 20 18 40 89 20 19 40 89 20 20 40 89 20 21 40 90 22 — 40 90 22 — 40 93 23 — 40 101 —Y Vol. Page. Sec. Sec. R.S. Comp. St. 1988aa. 6404a, 3062 30712.a. 2132a, 306.2d 306.2e 3248a, . 3072a, 3072b 3.07.2C 3044CC - 3061a. 3074a.a. 3071C 1881kk 1868a. 1881cc 1881ccC 67782. 1762.a.a. 1881a. 1881a.a. 1920 a.a. J 881bb 1891C 1891 d 1979 a. 3084a, 6676a, 7159.a.a. 2044a, *2044b 2044c 2044d 2044e 2044f *2044g 2044h 2044i 2044.j 2044k * 20192. *2019b 2900% a *2573a.a. *29.18aa. 2577 a *2483g *2541 d *2901b *2483h. *2483i *2554a, *2554bb *2554aa. 2697gg 2483.j 2483k 2483] 2903g 2554b 2483rm 24831) 2697e 2856a, 8562a, 8562b 8562C 8562d 8562e 8562f 2701b 2471aa. 10208 2700a.a. 2885a. 2264a 2271a. 85.63 SAAWTI HO (HT3 WJE TWOI3OTONO3HHO. p1981 U198I 31.98T J198T t?Z959 'BTI69 9386 I086 - '88696 66),6 66),6 J,6/6 96/,6 96.1,6 361.6 88.1.6 2.81.6 '4S' quiod ‘90S p?IgOI of TGOT CŞIGOT '8%IGOT pT0%0T OTO #0I CITO%0T t?IOF0I A74.96%) I IZIZOT nWł96%0T 1%.96%0I STA:96+0T J%.96%0T b%.96%0T dź96#0T O%.96%0T UI?:96#0T ULIWł96#0T 1%.9650T XI?:96%0T ſ?:96%0T pºt 96%0T UIWA 96%0T 3%.96%0T J%.96%OI 9%.96:70T p?:06#0 I O%.96%0T Ciºł96#0T 'B}{96%0T O0;ZOI C10730 T t?0%0T Q8%9), O8%91, C18391, t?839), CIS19), O819), UIS 1,91, UUI8),91, 78/9/, O81,91, C18),91, '88);9), XI8),9), [819), [81,91, UI3).9), 3819), J.819), 98/9), Q819), 6), IOI [38TOI 11,T0T UIZ8TOT 338 LOT J38TOT "1S"duroC) § *S*H *998 ##z 0} + 0% 8% 0; 8 OW * 2pz 0# Z 0; 3%. 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Is awoo - ZZZ 0} jº g 68 gT eunſ 333 0; 3 9 08 gl aunſ TZZ 0f 3 g 08 gT eunſ IZZ 0% T. g 03 gT 9UInſ TZZ 0% T. # 09 GT 3Ulnſ IZ3 0% I 8 08 GT OUInſ 0.3% 0# # Ž 08 gT eunſ 0.3% Of 3 3. 08 gT eunſ 033 0# 3 3. 08 gT eunſ 033 Of T 3. 08 gl aunſ 6TZ 0# 8 I 08 gl eunſ 6T3 0% W. T 08 gr eunſ 6T3. Of 9 T 08 gT eunſ 6TZ 0# 9 I 08 gT ©UInſ 6TZ 0} jº I 08 GT 9UInſ 6T3 . Of 3 T 08 gT eunſ 8TZ Of 3 I 08 gT eunſ J.T.3 Of T I 0.3 g I eunſ *338...I “IOA “oas "qJJ, “deuſo "qow. \— —” Jo 94 eCI "offerſ 4t: "quq'S 1.TZ 07 g 6% gT eunſ 1.IZ 0% # 6% gT ©UInſ #IZ 0# I 6% QI eunſ TIZ 0% T. 62 gT eunſ II3 0# T 63 gT eunſ OTZ 0% T. 6Z gT ourlſ 0IZ Of T 63 gT ©UInſ’ OIZ 0# T. 6% gT eUInſ 60% 0# I 6% g|I. GUInſ 86T 0% T. 6Z gT ©UInſ 68T Of T 6% gT eunſ’ 88T Of T 6Z gT eurlſ’ J.8T 0% T 62 gT ©UInſ Z8T 0# I 6% gT ©UInſ Z8T 0# T 63 gT 9UInſ T8T Of – 8% #I eunſ 6), I 0# T 13 ZI eunſ 8),T Of T 13 ZT eunſ #),T 0# I /3 ZI eunſ TLI Of . T 13 ZT eunſ 0), I 0# T 13 ZI eunſ 39T. Of I 13 ZT eunſ. 1.9L Of T 13 ZI eunſ 1.9 T Of T 13 ZT eunſ 1.9 L 07 I },3 ZI eunſ 3g I Of I 13 ZT eunſ’ 39T OF T 13 ZT eunſ ZGT 0# T 13 ZI QUInſ ZGT 0# T. 16 ZT eunſ Zg I 0# T 13 2T ©UInſ’ Zg| 0# I 1,3 z1 ounc Zg I Of T 13 ZI eunſ TGT. Of T 13 gT eunſ TGI Of T 13 ZI eunſ 6#T 0# I 13 ZI 9UInſ 6#T 0% I 13 ZI eunſ 1.f. I Of T 13. ZT eunſ J.; T 0% T. /.3. ZT etinſ 9%T 0? I 13. ZI 9UInſ ##T 0# I 13 ZT eunſ Z}T Of T 13 ZI ounſ 33T 0? I 13 ZT eunſ 03T 0? I 13. ZI eunſ 03T Of T 12. 3T eunſ TZT 0} . I 13. ZI 9tſn'ſ 6TT 0? I - 13. ZI eunſ 8II. Of T /6 ZI 9UInſ’ ZIT Of T 13 ZI eunſ 90I 0# IT 93 ZT eunſ 90T 07 OT 93. ZT eunſ 90T 07 6 9% ZI 9UInſ #OT Oy 8 9% ZI eUInſ #0T 0% W. 9% ZI eunſ #0T 0% 9 9% ZI eunſ 80T 0% 9 93 ZI QUInſ 80'ſ 0% jº 9% ZI eunſ 80T 0% 8 9% ZT eunſ Z07 07 3 9% ZT eunſ 30T 0% I 9% ZT eUInſ A T G T "deuſo "qoW —” Jo 9qug CHRONOLOGICAL TABLE OF LAWS [Page 1938] Stat. at Large. Stat. at Large. Date of ,- S Sec. Sec. Date of 2– — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Commp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. I917 - 1917 July 24 40 5 40 244 sºmº 1867.j | Sept. 24 56 10 40 292 gºmº 6829 n July 24 40 6 40 244 gºmº, 1867k Sept. 24 56 11 40 292 tº-e 6829 nin July 24 40. 7 40 245 tºº 18671 || Sept. 24 56 11 40 292 *º 6831 July 24 40 8 40 245 tºmº 1867m | Sept. 24 56 12 40 293 * 420a, July 24 40 9 40 245 tºº 1867 n | Sept. 24 56 13 40 295 gººm 420b July 24 40 10 40 247 tºº 18670 | Sept. 24 56 14 — *- gºmºs 68290 July 27 42 — 40 247 * = - 1867ddd | Sept. 24 56 15 — tº- tºº 682900 July 28 44 1 40 248 tº- 4604b Sept. 24 56 16 — — * -- e. 6829p July 28 44 2 40 248 * 4602a | Sept. 24 56 17 — *- º 6829pp Aug. 7 48 — 40 250 cºmmº 4678a, Oct. 1 61 1 40 296 – 3115*/82a Aug. 8 49 1 40 252 * 9.889a || Oct. 1 61 2 40 296 — 3115*/32b Aug. 8 49 1 40 ° 253 sº 9881a, Oct. 1 61 3 40 297 — 3115*/a2C Aug. 8 49 1 40 255 — 9886a || Oct. 1 61 4 40 297 — 3115*/32d Aug. 8 49 1 40 257 wº 10002a.a. | Oct. 1 61 5 40 297 — 3115*/82e Aug. 8 49 3 40 261 — 98.91a || Oct. 2 62 1 40 297 amºng 4640e Aug. 8 49 4 40 261 * = º 9866a || Oct. 2 62 2 40 298 gººms 4640ee Aug. 8 49 4 40 261 gºsº 9866b | Oct. 2 62 3 40 298 ſºme 4640f Aug. 8 49 4 40 262 e-º-º: 9881b | Oct. 2 62 4 40 299 *º-sº 4640ff Aug. 8 49 5 40 266 sº 9908a Oct. 2 62 5 40 299 tº-mº 4640g Aug. 8 49 7 40 266 gººse 9861 || Oct. 2 62 6 40 299 ºmº 4640gg Aug. 8 49 8 40 266 tºº 98.62a || Oct. 2 62 7 40 299 sº 4640h. Aug. 8 49 9 40 267 gº 9881c Oct. 2 62 8 40 299 i == 4640hh Aug. 8 49 13 40 268 º- 9891b | Oct. 2 62 9 40 300 tºms 4640i Aug. 8 49 15 40 268 — 98.55a, O.Ct. 2 62 10 40 300 tºº 4640ii Aug. 8 49 16 40 268 sº 98.55b | Oct. 2 62 11 40 300 tºº 4640j Aug. 8 49 17 40 268 *=== 9.855G | Oct. 2 62 12 40 300 tºmº 4640jj Aug. 8 49 18 40 269 * = } 1000314a || Oct. 2 62 13 40 300 gºsº 4640k Aug. 9 50 1 40 270 gºmme 8596 || Oct. 3 63 1 40 300 * =º 6336a.a. Aug. 9 50 2 40 270 tºº 8586 OCt. 3 63 2 40 301 sº 6336a.a.a. Aug. 9 50 3 40 271 wºme 8587b | OCt. 3 63 3 40 301 g-mº. 6336.iii Aug. 9 50 4 40 272 G-sº 8583 || Oct. 3 63 4 40 302 fººms 6336jj Aug. 10 51 — 40 272 ſº 85.63 Oct. 3 63 5 40 302 gº 6336VV Aug. 10 52 1 40 273 * 31.15%a, OCt. 3 63 200 40 302 fºssºs 6336%a. Aug. 10 52 2 40 273 º 31.15%ala, Oct. 3 63 201 40 303 gºmº 6336%b Aug. 10 52 3 40 274 sº 31.15%b | Oct. 3 63 202 40 303 gºmº. 6336%c Aug. 10 52 4 40 274 * 31.15%bb Oct. 3 63 203 40 304 iº 6336%d Aug. 10 52 5 40 274 gº 790a, Oct. 3 63 204 40 304 m=st 6336%e Aug. 10 52 6 40 274 º 31.15% c || Oct. 3 63 205 40 304 tºº 6336%f Aug. 10 52 7 40 274 sº 31.15% co || Oct. 3 63 206 40 305 tºmº 6336%g Aug. 10 52 8 40 274 tº -º-; 31.15%d Oct. 3 63 207 40 306 tºmº 6336%h Aug. 10 52 9 40 275 º 8689a || Oct. 3 63 208 40 306 sºms 6336%i Aug. 10 52 10 40 275 gº 45.74 || Oct. 3 63 209 40 307 tºº 6336%j Aug. 10 52 11 40 276 Gºssºm 4704a || Oct. 3 63 210 40 307 tº 6336%k Aug. 10 52 . 12 40 276 sº 31.15%dd || Oct. 3 63 2.11 40 307 tº ºne 6336%l Aug. 10 53 1 40 276 *=º 31.15%e | Oct. 3 63 212 40 307 Eºs 6336%m Aug. 10 53 2 40 276 tºº 31.15%ee | Oct. 3 63 213 40 307 tºmº 6336% n Aug. 10 63 3 40 276 mºs 31.15%f Oct. 3 63 214 40 308 — 6336%bb Aug. 10 53 4 40 277 -º-º-º: 31.15%ff Oct. 3 63 214 40 308 *sº 6338%0 Aug. 10 53 . 5 40 277 tºº 31.15%g | Oct. 3 63 300 40 .308 ºn 5986a Aug. 10 53 6 40 278 * ºt 31.15%gg | Oct. 3 63 301 40 , 308 Eºmºg 8739 b Aug. 10 53 7 40 278 sº 31.15%h Oct. 3 63 302 40 309 * 6024a. Aug. 10 53 8 40 279 tºº 31.15%hh Oct. 3 63 302 40 309 *=º 6026a. Aug. 10 53 9 40 279 gº 31.15%l || Oct. 3 63 302 40 309 † =º 6028a. Aug. 10. 53 10 40 279 sº-º-º 31.15%ii Oct. 3 63 302 40 309 *ge 6028b Aug. 10 53 11 40 279 tºº 31.15%j || Oct. 3 63 303 40 309 * =ºse 5986b Aug. 10 53 12 40 279 tºº 31.15%jj || Oct. 3 63 304 40 310 tºmº 5986C Aug. 10 . 53 13 40 280 tºmsº 31.15%k || Oct. 3 63 305 40 310 * 5986d Aug. 10 53 14 40 281 tº-sº 31.15%kk || Oct. 3 63 306 40 311 *E=º 6017a. Aug. 10 53 15 40 282 gº 31.15%l || Oct. 3 63 307 40 311 tºº 6144b Aug. 10 53 16 40 282 * = . 31.15%ll Oct. 3 63 308 40 311 *E=g 6151a. Aug. 10 53 17 40 283 Lºs 31.15%m Oct. 3 63 309 40 311 * 6110C Aug. 10 53 18 40 283 — 31.15%mm | Oct. 3 63 310 40 311 º 61100 Aug. 10 53 19 40 283 Q == 31.15% n | Oct. 3 63 311 40 311 * 6110e Aug. 10 53 20 40 283 gºme 31.15% nin || Oct. 3 63 312 40 312 sº 61.11a. Aug. 10 53 21 40 283 tºº 31.15% o Oct. 3 63 313 40 312 sº 6161%a. Aug. 10 53. 22 40 283 gº 31.15% oo || Oct. 3 63 314 40 312 * 6161%b Aug. 10 53 23 40 283 tº º 31.15%p || Oct. 3 63 315 40 312 * 616.1%c Aug. 10 53 24 40 283 cºm 31.15%pp || Oct. 3 63 400 40 312 imms 6204a. Aug. 10 53 25 40 284 º 31.15%q || Oct. 3 63 400 40 313 sº 6202a. Aug. 10 53 26 40 286 ſº 31.15%qq || Oct. 3 63 401 40 313 gºmº 6169a, Aug. 10 53 27 40 287 tºº 31.15%r Oct. 3 63 401 40 313 sºmº 6174a. Sept. 24 56 1. 40 288 º *6829ii Oct. 3 63 402 40 313 sºmº 6174C Sept. 24 56 2 40 288 tº-º *6829j || Oct. 3 63 403 40 313. tºmsºmºs 6174b Sept. 24 × 56 3 40 289 * 6829.jj Oct. 3 63 404 40 314 tºmº 6204b. Sept. 24 56 4 40 290 tº º 6829k || Oct. 3 63 500 40 31.4 *E-º- 6309%a. Sept. 24 56 5 40 290 — 6829]xk | Oct. 3 63 501 40 315 *sº 63091%b Sept. 24 56 6 40 291 cº- 68297 || Oct. 3 63 502 40 - 315 * 6309%C Sept. 24 56 7 40 291 ſº 6829 ll Oct. 3 63 503 40 315 tºº 6309%d Sept. 24 56 e 8 40 291 gº 68.29m Oct. 3 63 504 40 315 sºmº 630914a. Sept. 24 56 8 40 292 * = º 66.12a || Oct. 3 63 505 - 40 316 ſº 6309%b 9 40 292 - 6829mm Oct. 3 Eºmº- 6309%a. Sept. 24 56 63 600 40 316 *Appendix. CHRONOLOGICAL TABLE OF LAWS - [Page 1939] Stat. at Large. Stat. at Large. Date of ,- — Sec. Sec. Date of ,- - —Y €C. Sec. Act. " Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. R.S. Comp. St. 1917 1917 - Oct. 3 63 601 40 317 º 6309%b | Oct. 6 79 1 40 371 – 2804bbbb Oct. 3 63 602 40 317 g- 6309%G | Oct. 6 79 1 40 373 tº- 930.1aa. Oct. 3 63 603 40 318 tº- 6309%d Oct. 6 79 1 40 373 * 9308a, Oct. 3 63 700 40 318 = 63094%a, Oct. 6 79 1 40 373 º- 93.08b. Oct. 3 63 701 40 319 º 6309%b | Oct. 6 79 1 40 373 sº- 9308C Oct. 3 63 702 40 319 tº- 63091%C | Oct. 6 79 1 40 373 ºs- 9308Cl Oct. 3 63 800 40 319 º- 63.18a, Oct. 6 79 1 40 374 tº- 827a, Oct. 3 63 801 40 319 * , 6318b | Oct. 6 79 1 40 376 tº- 7385b Qct. 3 63 802 40 320 tº- 6318C | Oct. 6 79 5 40 383 *E*- 6648a. Oct. 3 63 803 40 320 ºm- 6318d Oct. 6 79 6 40 383 *- 251a. Oct. 3 63 804 40 320 gº- 6318e Oct. 6 79 7 40 383 tº- 251b Oct. 3 63 805 40 320 º 6318f Oct. 6 79 9 40 384 tº- 3230 b Oct. 3 63 806 40 321 º 6318g | Oct. 6 81 — 40 384 ºmº- 2170a, Oct. 3 63 807 40 .321– * 6318h Oct. 6 83 1 40 385 {- 31.15%a. 324 Oct. 6 83 2 40 385 — 3115%.a.a. Oct. 3 63 v 900 40 324 – 6336%bbb | Oct. 6 83 3 40 386 gº 31.15%b Oct. 3 63 901 40 325 — 6336%bbbb | Oct. 6 83 4 40 386 — 31.15%bb Oct. 3 63 1000 40 325 sº- 63.40a || Oct. 6 83 5 40 386 * = - 31.15%C Oct. 3 63 1001 40 325 gº 6348a. Oct. 6 83 6 40 386 {- 31.15%.co. Oct. 3 63 1002 40 325 tº- 5896a || Oct. 6 83 7 40 } 386 E- 31.15%d Oct. 3 63 1003 40 325 º 6349a || Oct. 6 83 8 40 386 — 31.15%dd Oct. 3 63 1004 40 325 gº 5896b | Oct. 6 83 9 40 386 º- 31.15%e Oct. 3 63 1005 40 326 gº 6349b | Oct. 6 83 10 40 387 tº- 3115%ee Oct. 3 63 1006 40 326 gº 6346b | Oct. 6 83 11 40 387 tº- 31.15%f Oct. 3 63 1007 40 326 sº 6348b | Oct. 6 83 12 40 387 E- 31.15%ff Oct. 3 63 1008 40 326 tºº 6346c || Oct. 6 83 13 40 388 tº- 31.15%g Oct. 3 63 1009 40 326 º 633600 || Oct. 6 83 14 40 388 – 31.15%gg Oct. 3 63 1010 40 327 tºmº 63360 q || Oct. 6 83 15 40 388 tº- 31.15%h Oct. 3 63 1100 40 327 tº- 7354a || Oct. 6 83 16 40 388 – 31.15%.hh Oct. 3 63 1100 40 327 tº- 7385a || Oct. 6 83 17 40 388 ºn- 31.15%i OCt. 3 63 1101 40 327 sº- 7358a. | Oct. 6 83 18 40 388 tºm- 31.15%ii OCt. 3 63 1102 40 328 º 7360a || Oct. 6 83 19 40 388 smº- 31.15%j Oct. 3 63 1103 40 328 dº 7358b | Oct. 6 83 20 40 388 § - 3115%jj Oct. 3 63 1104 40 328 tº 7358C | Oct. 6 83 21 40 38.9 *- 31.15%k Oct. 3 63 1105 40 328 tº- 7358G | Oct. 6 83 22 40 389 — 31.15%kk Oct. 3 63 1106 40 328 --> 7361a || Oct. 6 85 — 40 389 tº- 2869a, Oct. 3 63 1107 40 328 ºs- 7354b | Oct. 6 86 — 40 391 - . 4545a. Oct. 3 63 1108 40 328 tº- 7226a || Oct. 6 88 — 40 392 *sº 7709a.a. Oct. 3 63 1109 40 329 gºmº 7231a.a. Oct. 6 89 — 40 392 - 2870 Oct. 3 63 1110 40 329 — 10387e | Oct. 6 91 — 40 393 tºmº 1881aaa. Oct. 3 63 1200 40 329 º- 6336b Oct. 6 92 — 40 393 *- 2813e Oct. 3 63 1200 40 329 gºmº, 6336d Oct. 6 93 — 40 393 - 2988a, Oct. 3 63 1201 40 330 - 6336e Oct. 6 93 — 40 394 — *3078a.(34) Oct. 3 63 1202 40 330 º 6336f Oct. 6 94 — 40 394 *- 1868b Oct. 3 63 1203 40 331 º 6336g | Oct. 6 95 — 40 394 *- 94.29a. Oct. 3 63 1204 40 331- gº- 6336.h || Oct. 6 97 1 40 395 *s- 991(3) - - 332 - Oct. 6 97 2 40 395 g- 1233 Oct. 3 63 1205 40 382– º 6336i | Oct. 6 101 — 40 397 *- 1808a, - 333 Oct. 6 101 — 40 397 tº- 1833b Oct. 3 63 1206 40 333- º- 6336j| Oct. 6 101. — 40 397 *- 1892ee 334 Oct. 6 102 — 40 397 *- 2886 Oct. 3 63 1207 40 334- eº- 63367 || Oct. 6 103 — 40 397 *- 2855a, - 335 Oct. 6 104 — 40 398 tº- 1718a, Oct 3 63 1208 40 335 tº- 6336m | Oct. 6 105 1 40 398 * 514a, Oct. 3 63 1209 40 336 sºmº 6336G | Oct. 6 105 2 40 398 sm- 514k OCt. 3 63 1210 40 336 sº 6336xx | Oct. 6 105 2 40 399 *- 514kk OCt. 3 63 1211 40 336 ºmsº 6336xxx Oct. 6 105 2 40 399 tº- 514kkk Oct. 3 63 1211 40 337 &= - 6336 y | Oct. 6 105 2 40 399 — 514kkkk Oct. 3 63 1211 40 337 *- 6336yy Oct. 6 105 2 40 400 *- 5147 Oct. 3 63 1211 40 337 ºmms- 6336yyy | Oct. 6 105 2 40 400 tº- 514ll Oct. 3 63 1211 40 337 wº- 6336Z || Oct. 6 105 2 40 400 amº 514 lll, Oct. 3 63 1211 40 338 cº- 6336ZZ || Oct. 6 105 2 40 400 *- . 514llll Oct. 3 63 1212 40 338 amº 6336ii Oct. 6 105 2 40 400 * 514 m Oct. 3 63 1300 40 338 - 637.1%a Oct. 6 105 2 40 400 ºmº- 514mm. Oct. 3 63 1302 40 338 * 6371%b | Oct. 6 105 2 40 400 — *514mmrn Oct. 5 74 1 40 342 tºmº 97.192 || Oct. 6 105 2 40 402 — 514mm mm Oct. 5 74 2 40 342 *- 9713 || Oct. 6 105 2 40 402 E- 514 n Oct. 5 74 3 40 342 *- 97.13a, Oct. 6 105 2 40 402 * 514 nin OCt. 6 77 — 40 344 — *2804bbb OCt. 6 105 2 40 402 à- *514 ninn OCt. 6 79 1 40 345 – 9390%mm | Oct. 6 105 2 40 402 — 514 nnnn Oct. 6 79 1 40 346 - 7668a, OCt. 6 105 2 40 402 4- *5140 Oct. 6 79 1 40 347 sºme 35Ia, OCt. 6 105 2 40 403 *- 514oo Oct. 6 79 1 40 348 tº- 494a || Oct. 6 105 & 2 40 403 * *514OOO Oct. 6 79 1 40 349 *- 6556a || Oct. 6 105 2 40 403 <- *514Oooo Oct. 6 79 1 40 356 tºss- 1972bb | OCt. 6 105 2 40 404 tº- 514p Oct. 6 79 1 40 361 *º- 100.66a || Oct. 6 105 2 40 404 *- *514pp Oct. 6 79 1 40 364 *- 3.35a, Oct. 6 105 2 40 404 tº- 514ppp OCt. 6 79 1 40 364 tº- 6832a || Oct. 6 105 2 40 404 ºs- 514pppp OCt. 6 79 1 40 366 gº- 6648b Oct. 6 105 2 40 404 *- 514q Oct. 6 79 1 40 367 º 1859a || Oct. 6 105 2 40 404 i- *514qq Oct. 6 79 1 40 368 º 9264a. * Oct. 6 105 2 40 405 tº- *514qqq *Appendix. CHRONOLOGICAL TABLE OF LAWS IPage 1940I Stat. at Large. Mch. Date of 2– - —y. Sec. Sec. . . Date, of Act. Chap. Sec. Vol. Page. R.S. Comp. St. . . . Act. I917 1918 Oct. 6 105 2 40 405 – “514qqqq | Mch. 8 Oct. 6 105 2 40 406 — *514r MCh. 8 Oct. 6 105 2 40 406 q=sº 514 rr MCh. 8 Oct. 6 105 2 40 407 ºs *514 Frr MCh. 8 Oct. 6 1.05 2 40 407 — 514 rrrr MCCh. 8 Oct. -6 105 2 40 407 tºº 5.14s Mch. 8 Oct. 6 105 2 40 407 t=mºs 514ss Mch. 8 OCt. 6 1.05 2 40 407 * 514 SSS Mſch. 16 Oct. 6 105 2 40 407 — 514ssss Mch. 19 Oct. 6 105 2 40 408 sº 514t MCh. 19 Oct. 6 105 2 40 408 gººmsº *514tt Mich. 19 O'Ct. 6 105 2 40 408 * *514ttt MCh. 19 O'Ct. 6 105 2 40 408 — *514tttt Mch. 21 Oct. 6 105 2 40 408 lºssº 89816 || Mich. 21 OG t. 6 105 ... 2 . 40 409 tºmº 514 u Mch. 21 Oct. 6 105 2 40 409 * -º- *514ull MCh. 21 Oct. 6 1.65 2 40 409 – “514 uluu | Mich. Oct. 6 105 2 40 410 — 514v Mch. 21 Oct. 6 s 105 2 40 410 — 514 VV | Mch. 21 Oct. 6 105. 3 40 410 tº-º 1717bb | Mich. 21 Oct. 6 105 3 40 411 * 2090a, Mich. 21 Oct. 6 105 3 40 411 — 2090b | Mich. 21 Oct. 6 105 3 40 411 — 2660a | Mch. 21 Oct. 6 106 1 40 411 tº 31.15%a Mich. 21. Oct. 6 106 2 40 411 — 31.15%aa MCh. , 21 Oct. 6 106 3 40 412 * = 31.15%b Mch. 21 Oct. 6 106 4 40 413 — 31.15%bb Mich. 21 Oct. 6 106 5 40 415 tº 31.15% c | MCh. 21 Oct. 6 106 6 40 415 — 31.15%.cc MCh. 21 Oct. 6 106 7 40 416 *== 31.15%d MCh. 28 O'Ct. 6 106 8 40 418 – 31.15%dd ||Meh. 28 Oct. 6 106 9 40 419 * 31.15%e Mich. 28 OCt. 6 106 10 40 420 – 3115%ee | Mich. 28 Oct. 6 106 11 40 422 — 31.15%f Meh. 2: Oct. 6 106 12 40 423 – 3115%ff Mº ; Oct. 6 106 13 40 424 — 31.15%g #: i. Oct. 6 106 14 40 424 – 31.15%gg |º. : Oct. 6 106 15 40 425 – 31.15%h . 28 Oct. 6 106 16 40 425 – 31.15%hh . . . O'Ct. 6 106 17 40 425 === 31.1%; Mº. 2; O.Ct. 6 106 18 40 425 - 31.15%ii | Nº. 2. Oct. 6 106 19 40 425 tº-º-º: 31.15%j| Mich. 2; O Ct. 6 108 — 40 427 - 58.50a || Mich. 29 Oct. 6 109 — 40 427 &= - 6903a. | Mich. 25 - . - l • * 1913 - Mch. 30 Jan. 18 9 1 40 &=º * = 9835W Mich. 30 Jan. 26 .11 — 40 — — 3048a, Mch. 30 , Feb. 11 15. — 40 — ... tº 28130c Apr. 2 Mich. 1 19 — 40 — • * 8146t Apr. 2 IMCh. 8 20 100 40 — — 3078%a Apr. 4 Mch. 8 20 101 40 — — 3078%aa Apr. 4 Mch. 8 20 102 40 — — 3078%aaa, Apr. 4 Mch. 8 20 103 40 : — — 3078%b | Apr. 4 Mich. 8 20 200 40 — — 3078%bb | Apr. 4 × Mch. 8 20 201 40 — — 30.78% c Apr. 4 Mich. 8 20 202 40 Hº- — 3078% co | Apr. 4 Moh. 8 20 203 40 — — 3078%d Apr. 4 Mch. 8 20 204 40 — — 3078%dd Apr. 4 Mch. 8. 20 205 40 mºsºs ſº- 3078% e Apr. 4 IMCh. 8 20 300 40 — — 3078%ee Apr. 4 IMCh. 8. 20 301 40 — — 3078%f Apr. 5, Mch. 8 20 302 40 — — 3078%ff Apr. 5 Mch. 8 20 400 40 – — 3078%g | Apr. 5 Mch. 8 20 401 40 — — 3078%gg Apr. 5 MCh. 8 20 402 40 — — 3078%h Apr. 5 Mch. 8 20 403 40 — *se 3078%i Apr. 5 Mch. 8 20 404 40 gº # == 30.78%j Apr. 5 IMCh. 8 20 405 40 — * Gºº 3078.jji Apr. 5 MCh. 8 20 406 40 — — 3078%k Apr. 5 Mch. 8 20 407 40 — e – 3078%l | Apr. 5 Mch. 8 20 408 40 * — 3078%ll | Apr. 5 MCh. 8 20 409 40 — — 3078%m Apr. 5 Mch. 8 20 410 40 *==º — 3078%mm Apr. 5 Mich. 8 20 411. 40 *— ſº- 3078% n | Apr. 5 Mich. 8 20 412 40 dº — 3078% nin | Apr. 5 Mch. 8 20 413 40 - &=º 30.78% o Apr. 5 Mich. 8 20 414 40 — — 3078%00 | Apr. 5 8. 20 415 40 — — 3078%p Apr. 5 *Appendix. Stat. at ‘Large: º . . . . . z- Chap. Sec. Vol. Page. 20 500 40 — 20 501 40 — 20 600 40 --- 20 601 40 sºms 20 602 40 — 20 603 40. *º 20 604 40 º 23 * 40 — 24 1 40 - 24 2 40 *=º 24 3 40 amº-mº 24 4 40 -- 25 1 40 — 25 2 40 —- 25 3 40 *- 25 4 40 — / 25 5 40 - 25 6 40 , º 25 7 40 ſºmº 25 8 40 - 25 9 40 fº 25 10 40 * 25 11 40 tºº 25 12 40 * 25 13 40 tºº 25 14 40 - - 25 15 40 – 25 16 40 wº-ºº: 26 gºes 40 º 28 1 40 sº 28 1 40 — 28 1 40 sº-º-º: 28 1. 40 — 28 1 40 - 28 1 40 -- 28 1 40 * 28 1 40 - 28 1 40 * . 28 1 40 *s 28 1 40 * 28 1 40 - 28 1 40 e- .28 2 40 * 30 — 40 * 31 — 40 * .32 — 40 – 33 — 40 e-º-º-º: 36 1 40 — ; 36 2 40 tº-º-º- 39 — 40 *=s 40 — 40 - . 44 1 40 -º-º-º-º: | 44 2 40 – ; 44 3 40 tº-º-º- 44 4 40 -- 44 5 40 * 44 6 40 *s, 44 6 40 $º 44 6 40 ex=º 44 6 40 sms 44 7 40 s== 44 8 40 tº-º-º-º: 45 1 40 == 45 2 40 == 45 3 40 ſºmº 45 4 40 * 45 5 40 — 45 6 40 , mºsºme 45 7 40 — 45 8 40 — 45 9 40 gº 45 10 40 sº- 45 11 40 gº 45 12 40 gº 45 13° 40 — 45 14 40 º 45 15 40. sº 45 16 40 sº 45 17. 40 == 45 18 40 * R. 4 4 7 2 ſº - Sec. Sec. * Conap. St. 3078%pp 3078% q 3078% qq 3078%r 30.78%rr 30.78% s 30.78%.SS 1891e 8907 r 89.07S 8907t 8907 Ul 31.15%a 31.15% b 31.15% c 31.15%d 31.15%e 31.15%f 31.15%g 31.15%.h. 3115%i 31.15%j 31.15%k 31.15%l 31.15%m 31.15% n 31.15%io 31.15%p 4684CCC 1859b 31.15%rr 31.15%ff 3.115.jj 3329b. 3329a, .3369d 4170aa, 6403b 6856 91.95 940.9b 100.66 251C 8242 29802, 2857 2816a, 1741a. 1741aa. 1891 dol 2619b 2737 a.a. *6829ii *6829.j 6829k 6829kk 6829m 68290 682900 6829.p 6829 pp 6829iłA 6829q. 31.15%a. 31.15%a.a. 31.15%b 31.15%;C 31.15%;CC 31.15%d 31.15%dd 31.15%;e 31.15%ee 31.15%f 31.15%ff 31.15%g 31.15%gg 31.15%h 31.15%hh 31.15%i 31.15%ii 31.15%j CHRONOLOGICAL TABLE OF LAWS [Page 1941] Stat. at Large. | Stat. at Large. f Date of 2– - — Sec. Sec. Date of 2– — Sec. Sec. Act. Chap. Sec. Vol. Page. R.S. Comp. St. Act. Chap. Sec. Vol. Page. IR.S. Comp. St. 1918 1918 { Apr. 5 45 19 40 - -sº 31.15%k | May 16 74 6 40 — º 3.115 $/af Apr. 5 45 20 40 — 5202 9764 || May 16 74 7 40 *- ſºa 3115°/eg Apr. 5 45 200 40 — — 31.15%kk May 16 74 8 40 sº- tºs 3.1155/ah Apr. 5 45 201 40 *- ºsmº 31.15%l May 16 75 1 40 — sº 10212C Apr. 5 45 202 40 -º- -º 31.15%ll May 16 75 2 40 gºmº- - 10212CC Apr. 5 45 - 203 40 $ºw ºms 31.15%m May 16 75 2 40 gº- tºº 104016. Apr. 5 45 204 40 cºsmº- — 31.15%mm May 20 77 1 40 *- *4 514kk Apr. 5 45 205 40 -º- tºmºs 31.15% n | May 20 78 1 40 tº- tºmsº 283a, Apr. 5 45 206 40 - — 31.15% nn May 20 78 2 40 gº- tºº 283b Apr. 5 45 300 40 tºmºmº ** 31.15%0 | May 20 78 3 40 -- tºº 283C Apr. 5 45 301 40 º- tºmº 6318bb | May 20 78 4 40- *- -*- 283d Apr. 5 45 302 40 — ºms 31.15%p May 20 78 5 40 tº- *º- 283e Apr. 5 45 303 40 — — 31.15%pp May 20 78 6 40 — * 283f Apr. 5 45 304 40 *- -* 31.15%q | May 22 80 1 40 smº tºº 9661a. Apr. 5 45 305 40 * — 3115%qq | May 22 80 2 40 gº- *º- 9661b Apr. 6 46 — 40 -- -º 312 || May 22 81 1 40 * wº-sº 76286 Apr. 10 49 1 40 -*- -** 28952, May 22 81 2 40 *- *mºs 7628f Apr. 10 49 2 40 *- -* 2895b | May 22 81 3 40 tº- &mms 7628g Apr. 10 50 1 40 *= — 8836%a May 22 81 4 40 sº- — 7628h Apr. 10 50 2 40 - -sº 883614b May 23 84. 1 40 sºmº — 3746a. Apr. 10 30 3 40 * -ass 8836.44 c | May 23 84 2 40 sº- * 3746b Apr. 10 50 4 40 ºmº- --> 8836%d May 25 85 — 40 *- * 1868a. Apr. 10 50 5 40 -º- sº-s 883614 e May 25 86 1 40 * -º- 4025 Apr. 11 51 — 40 º -º 6911a || May 25 86 1 40 *- * 4028a. Apr. 15 52 — 40 ºs- * 3.133 May 25 86 1 40 sº- * 403.2a. Apr. 15 52 — 40 t- --> 3141a || May 25 86 1 40 *- i-º- 4137aa. Apr. 15 52 — 40 — ** 3142a || May 25 86 1 40 — * 4170a.a.a. Apr. 15 52 — 40 -º- - 3155a, May 25 86 1 40 -- -º- 4170b Apr. 15 52 — 40 tºm- -º-, 3.1982, May 25 86 2 40 sº- -º 397.9% Apr. 15 52 — 40 º- -msms 67952. May 25 86 27 40 -- -ºs 4077aa. Apr. 15 52 — 40 *- -ºg 7683 || May 25 86 28 40 ºm- -* 4078a. Apr. 16 53 — 40 - — 2118bb June 1 91 1 40 e- - 6452a. Apr. 16. 55 — 40 * — 76.15 || June 1 91 2 40 sºm- --- 6452b Apr. 17. 56 1. 40 * -ſº 1881jj || June 4 92 — 40 sº- — 3115°/gg Apr. 17 56 2 40 -º-º: — 1881jjj June 4 92 — 40 sºm- - 3115°/cgg Apr. 17 56 3 40 == -º 1881jjjj June 4 92 — 40 sº- * 3115*/ai Apr. 17 56 4 40 –– -- 2289aa, June 4 92 — 40 :-- º-ºº: 3329C Apr. 18 57 1 40 - t-sº 335b June 7 93 1 40 *- -º- 8095a. Apr. 18 57 2 40 tºmº- tº-º 335c June 7 93 2 40 assm- -*s 8095b Apr. 18 57 3 40 * -º 335 d June 7 93 3 40 - -* 8095c Apr. 18 57 4 40 * = - ºmsº 335e June 7 93 4 40 * -* 8095d Apr. 19 58 1 40 *- — 10212h4% June 7 93 5 40 * * 8095e Apr. 19 58 2 40 sºmº- — 10212.h34 || June 7 93 6 40 — * 8095f Apr. 19 58 3 40 ==- — 10212.h4% June 10 94 1 40 -- - 8214a. Apr. 20 59 1 40 — – 10212h1/16 || June 10 94 2 40 *- * 821.4b. Apr. 20 59 2 40 -- — 10212h4% June 10 94 3 40 *- -*. 8214C Apr. 20 59 3 40 * — 10212.h34 June 10 94 4 40 sº- * 82.14d. Apr. 20 60 — 40 *- -º 2126a || June 10 95 — 40 sº- -* 897.2a. Apr. 20 61 — 40 — º-mº 2044h June 13 96 1 40 *- ºms 3704a, Apr. 22 62 1 40 ºsmº- — 3115*/16d June 13 96 2 40 *- -ºs 3704b Apr. 22 62 2 40 smºs — 3115*/16d June 13 96 3 40 tº- * 3704C Apr. 22 62 3 40 -*- — 3115*/16dd || June 13 96 4 40 ass- * 37046 Apr. 23 63 1 40 gºmºmº -* 6478a, June 13 97 — 40 *- — 1088 Apr. 23 63 2 40 sºmeº -ms 6478b June 13 98 — 40 -- -º- 1450a. Apr. 23. 63 3 40 * -* 6478C | June 13 99 — 40 *mºnº- * 1102 Apr. 23 63 4 40 tºmmºns - 6478d June 14 - 1 40 º- * *4234a. Apr. 23 63 5 40 ºmº- - 9799a || June 14 -º 2 40 *- --- *4234b Apr. 23 63 6 40 --- *-mºs 9799b June 20 103 2 40 º- * *8435C Apr. 23 63 7 40 -* -* 9799c June 20 103 3 40 º- ſº- *8448 Apr. 23 63 8 40 - — 97.99 d June 20 103 4 40 *- -*- *8459C Apr. 23 63 9 40 * - 7678cc June 20 103 5 40 *- *º- *8439 b Apr. 26 64 — 40 -** — 2804bbbbb June 20 103 6 40 gº- *mº * 84.55a, May 9 69 1 40 -º- tº-sº 4352 June 20 103 7 40 *- *-*- *8446a, May 9 69 2 40 -* - 4352 June 20 103 8 40 — 4763 *8447 May 9 69 • 2 40 tºms, - 4352a.a. June 25 104 1 40 *- — *514 mm m May 9 69 3 40 ºsmº tº-sº 4352 || June 25 104 2 40 sº- — *514nn.nº/6 May 9 69 3 40 -sº -sº 4352a || June 25 104 2 40 *=- — *514nnn. A May 9 69 3 40 *s - 4369 || June 25 104 2 40 *- — *514nnn!/? . May 9 69 3 40 -ms — 4382 || June 25 104 2 40 -º- — *514nnn;4 May 10 70 — 40 * - 6941a || June 25 104 3 40 *- — *5141nnnn May 10 71. — 40 * - 7367a June 25 104 4 40 *- •- *5140 May 11 72 1 40 — 4463 82.25 || June 25 104 5 40 *- -*- *514ooo May 11 72 2 40 ºsmºs - 8226 || June 25 104 6 40 s- — *514oooo May 11 72 3 40 ºmºs *-*. 82.27 June 25 104 7 40 *- -* *514pp May 14 73 — 40 -*. - 2732a || June 25 104 8 40 ºs- * *514qq May 16 74 1 40 *sm - 3115"/ga, June 25 104 9 40 º- — *514qq}/2 May 16 74 2 40 -º- tº-s 31.15%ab June 25 104 10 40 sº- ºmºs *514qqq May 16 74 3 40 — - 3115°/sc June 25 104 11 40 — — *514Qqqq May 16 74 4 40 -mº - 3115°/6d June 25 104 12 40 =- º *514r May 16 74 5 40 — — 31.15%e 1 June 25 104 13 40 — &º- *514f *Appendix. SAAVT IO GITISIWL TWOIE)OTONIO'HHO (%z) '8%.69% Se (01/12) tº 69% Ss 'B'B993), sº C13, 1, 193: t?I919; o°F/1 GTT3s C19"/r GTI3s t?9F/t gTT9+ 98),083: p8),083: 98),083: OO%tzG6Zs ‘893.6% s ‘B+38T.6% is $39T.6%; ClT063 + "BIO6%: 9%:006% ºf O%:006Z * C1%:006Z * t?%:006Z * t?006%: O),883: Cl),883: ‘881.88% tº *BTQSZ + ‘8t?378% s UIU[?08% + Uſ?08%: 3#083: CICICIf 0.8% + tºº?T81.33: '89), 1.33: t?87),3: ‘8669% 4. UI),693+ ‘8t?6993: Q89.9%: 98.99%+ ‘B+38),933, %tº 31.9%+ ‘BT1,933: '899.9%: CiCi'993 tº *3tº 99% º t??993:t pTygºt ITT93: UITT93 + 3II.g33. JTT934: 9TT933. '8667%: II.88% + I88% + UI3873; 388%+ t?'Et3T).7%; CICI),993: C19993; '8999; C1%993: '8'egg.93. '8'3T39; '8%990T3: 81,863. 0/.363: S986: "B9986* '8%086+ 96T6+ º66T6+ '868I6+ 8),T6: '868T6: '898T6: '89),983: ‘BI9983: "4S' dutoo "Sº I *998 — — 0% – #II — — 0# – #II - — 0# — #II — — 0# — #II — — 0# — #II — — 0# – #II — — 0# — #II — — 0# – #TT — — 0# — #II — — 0# — #II — — 0# – #II — — 0# — #II — — 0} - #II — — 0# — #II — — Of – #TT — — 0# — #II — — 0# — #II — — 0# — #II — — 0# – #II — — 0# — #II — — 0# — #II — — .0% - #II — — 0} – #TT — — 0# – #II — — 0# — #II — — 0# – #II — — 0# – #II — — 0# - WIT — — 0# — #II — — 0# - #TT — — 0# — #II — — 0# — #II — — .0% — #II — — 0# – #II — — 0} – #II — — 0# – #TT — — 0# – #II — — 0# — #II — — 0# — #II — — 0# — #IT — 0# – #II — — 0# – #II — — 0# - #II — — 0# - #II — — 0# – #II — — 0# – #II — — 07 - #II — — 0# – #TT — — 0# – #II - — 0# — #II — — 0# – #II — — 0# – #II — — 0# - #II — — 0# — #II — — 0# – #II - — 0# — #II — — 0# — #II — — 0# — #II — — 0# - #II — — 0# — #II — — 0# – #II — — 0# - #II — — 0# – #II — — 0# — #II — — 0# T 3TT — — 0# I 3TT — — 0# I 3IT — — 0# I 3TT — — 0# T §II — — 0# I 3TT — — 0# I 8TT — — 0# I 3TT — - 0# I 3TT – — 0# I 3TT - — 0# I 3II — — 0# I 8TT — - 0; I 3TT — - 0# I 3TT *a:36, H "IoA ‘99s ‘dºuſ, \ —' T 99 S ‘eſſerI ºt: "quqS *xppue ddv. A[nſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ' A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.IIlſ’ A.Inſ AIrlſ' A.Inſ’ AIrlſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ AIrlſ’ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ’ A.Inſ’ A.Inſ IztzGI (%z#) C1%. 6978.* (%f 3) C1%. 6978: (%:6T) C1%.69%2+ J.J.J.9%T8: '898T1,3: 99.889: O98893: C198893: Clf l 1.94: '8? ), 1,93: CIC!9%893: ‘B+30939* T039; *3738?: tº 60).j + ‘808??: ‘BG).77+ '8"I867: '88T983. ‘BøT983: 'GTT98+ *380%84. 99.69383, 96.988: '80988: CIT8883: C1%.9LT33. ‘8%.9TT3+ JJJ%9DT8: JJJ%gTT3: tº gTL34. e°F/r gTT3: [[9][T3: O6T0% st 'B089T.t. 8??I+. *38?It t???? Is t?0%f Ts ‘8838Ts, tº 1,63: *3096: ‘8806: ‘81,06: ©1813. '888), # '88),83: C197093: ‘8t?9%09: ‘897.09: '81989: C19),993: 99).3%: 99.16% º Cl91.33: 'B9/.33: *38),334 01,363: '8),03%; 1%81,083. UI?:8),083: 33%-81,034. 3%. 81,035: J%81,083. 3%t81,083: p?tS),083: 0%;8),08: C1%81,083. 'B%t8),083. 38984. 38984. Ilrlrly Ig: %trinj, Igº. Illſly Ig: 44.43%T9: 41.4% I94: %:bbbbyT9+. JyT9+ "4S"duloo *99S 35tº II * T *S*H *998 º 0% T. 9II {º 0% I 3II *E=º 0% T. 3TT gºmºsºs 0? I 8TI Eº Of T 3TT &=mº Of T 8TT ºmº Of T 8TT -º-º-º-º: Of T 3TT tºº-º-º-º: Of T 8TT {- Of T 3TT tºmº Of T 3II &=== Of T 3II * Of T 3TT *=ºmº Of T 3TT tºmºgº Of T 3II *gº Of T 3II E-º Of T 3TT * 0% T 8TT &=s 0% T 3TT Eº 0; T 8TT *= Of T 8TT tº-º- Of T 3TT * Of T 3II === Of T 3II tº-ºº- 0% I 8TT g-º-º: Of T 3TT # = Of T 8TT * = Of T 3TT gº Of I 3TT dºse Of T 8TT * Of T 8TT * Of T 8TT tºmº Off T. 3TT wº Of T 3IT gºme Of T 3II tººge 0% T. 3TT *E-º Of T 3TT * Of T 3TT tº-sº Of T 3TT gº Of T 3TT $ºmºsº 0% T 3TT tºm Of T 3TT * 0? I 3TT *- 0% T. 3TT sº Of T 3TT gººm Of T 3TT gººse Of T 3TT tººs Of – OTT {-º Of – OTT gº 0? – 0TT -º-º: 0} - 80T gºs 0? – 80T * Of – 80T tº-º-º: 0} - 80T tºms Oj, - 80T {º 0? – 80T ſº 0} - 80T tºº Of – 80T # = sº 0? – 80T ſº Of TT J.0T tºmsº 0% 6 1,0T tºss 0? 8 J.0T gººs 07 1, J,0T - . Of 9 1,0T º Of 9 1,0T d-º 0; † 1,0T — 0%. 3 Ž0T *g 07 & 1,0T ºsmºs 0% T. J,0T tºº Of T 90T º Of T 90T tºº Of T3 #0T tºº 07 0% #0T gºs 0? 6T #0T fºss 07 8T #0T sº 07 LT #0T º 0% gl #0T tºº Of FI #0T "effº. I “IOA “oos “daug, \– —” ‘aſſier I 4ts '4t;4S A.Inſ AIrlſ' A.Inſ’ A.Inſ A.Inſ A.Inſ: A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ A.Inſ’ A.Inſ A.IIlſ AIrlſ' A.Inſ’ A.Inſ A.Inſ’ A.Inſ A.IIlſ A.Inſ A.Inſ’ A.Inſ A.Inſ’ A.Inſ AIrlſ’ A.Inſ A.Inſ A.Inſ’ A.Inſ A.Inſ A[nſ A.In ſº AIIlſ’ AIrlſ’ A.Inſ A.Inſ A.Inſ A.Inſ’ A.IIlſ’ AIrlſ’ A.Inſ TT T AI Il ſ I AInſ I AInſ I AIrlſ' 83 eurlſ’ 82 ounſ’ 82 QUInſ 1.3 eurlſ’ 1.3 ouTlſ’ 1.3 eurlſ’ 1.3 ourlſ’ 1.3 eurlſ’ 1.3 eurlſ’ 1.3 eurlſ’ 1.3 eurlſ’ 1.2 ounſ 1.3 eurlſ’ 1.3 ounſ 12 eurlſ' 1.3 ounſ’ 1.3 eurlſ" 1.3 eurlſ’ 12 eurlſ’ 2.3 eunſ’ A.Z eunſ 1.3 eurlſ’ 92 reunſ 92 ounſ gå øUInſ gz eUInſ g3 eurlſ gå øunſ gº, eunſ gz eUInſ gz ounſ 8T 6T *40 W Jo 94bor CHRONOLOGICAL TABLE OF LAWS Date of Act. 1918 July 1 July 1 July 1 July 1 July 1 July 1 Stat. at Large. [Page 1943] r— —Y Chap. Sec. Vol. Page. 114 — 40 tºº 114 — 40 gº 114 — 40 º 114 — 40 sº 114 — 40 gººms 114 — 40 * 114 — 40 gºssº 115 — 40 * 115 — 40 gºssºms 115 — 40 cºmsº 117 1 40 sº- 117 1 40 ºmmº- 117 1 40 sº 117 1 40 === 117 1 40 * 117 1 40 assºs 117 1 40 sº- 117 1 40 * 117 1 40 s=º 117 1 40 *> 117 1 40 sºmmº 117 1 40 * 117 1 40 smºsºme 117 1 40 * 117 1 40 esmansas 117 1 40 * 117 1 40 * 117 1 40 s=== 117 1 40 gº- 117 2 40 *mmºn 117 2 40 ==sº 117 . 2 40 *sº 117 2 - 40 s=== 117 2 40 gºmº 117 2 40 sm- 117 3 40 *- 117 3 40 sº 117 4 40 sº- 117 6 40 sº- 117 7 40 * 117 8 40 s=s* 117 9 40 smº 117 10 40 *- 117 12 40 *- 117 13 40 ss== 128 1 40 ss== 128 2 40 *º- 128 3 40 gººms 128 4 40 sºsºmme 128 5 40 smº 128 6 40 ===s 128 7 40 sºmº 128 8 40 sº 128 9 40 rº- 128 10 40 e- 128 11 40 mºmeº 128 12 40 amº 128 13 40 * 130 1 40 º 130 1 40 *e 130 1 40 * 130 1 : 40 * 130 1 40 samº- 130 1 40 same 130 1 40 * 130 1 40 * 130 1 40 ºmº 130 1 40 eamam- 130 1 40 * = 130 1 40 ºmmºn 130 1 40 gºmº 130 1 40 º 130 1 40 sº 130 1 40 gººms 130 1 40 egºmº Sec. R.S. Sec. Comp. St. *8459%a (2%) *8459%a. (2%) *84591%a. (2%) *8459%a, (2%) *8459%a. (2%) *8459%a. (3%) *9465 #8155 *8157 *8168 *582a. *7231a. *7231b *7236.a. *7237a, *7239 d *7259a, *7264a. *73.00a.a. *7300.bb *7430a, *7431a. *7431a.a. *7454a, *74.55%) *7523a. *75462. *7548a. *7548b *72182, a *7236 a.a. *7245a. *7300aala *7509a, *7509b *7238b *7239e *7446a, *7193a. *73013. *7430b *7244a.a. *72.11a. *7586a. #7585 *8837a, *8837b *8837C *8837d *8837e *8837f *8837g *8837h *8837i *8837.j *8837k #88377 *8837m +73 *134a. *297 *352 *353 *414a. *525a. *526a. *572a, *578 *672a #739 *739 a. *739b *739C *739 d *854a, | July r Date of Act. 1918 July 3 July 3 July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July 9 July 9 July 9 *Appendix. Stat. at Large. /- Chap. 130 1 40 - 130 1 40 * 130 1 40 - 130 1. 40 * 130 1 40 - 130 1 40 - 130 1 40 - 130 1 40 - 130 1 40 - 130 1. 40 -* 130 1. 40 - 130 1 40 - 130 1. 40 - 130 5 40 -º 130 6 40 * 137 1 40 -sº 138 — 40 - 139 1 40 - 139 1 40 -: 139 1 40 - 139 1 40 - 139 1 40 -- 142 1. 40 * 142 2 40 - 142 3 40 - 142 4 40 - 142 5 40 - 143 — 40 --> 143 - 40 -> 143 — 40 - 143 — 40 * 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 -º 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 - 40 *0 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 -- 143 — 40 - 143 — 40 - 143 — 40 -*s 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 -- 143 — 40 * 143 — 40 - 143 — 40 * 143 — 40 - 143 — 40 - 143 — 40 * 143 — 40 - 143 — 40 - 143 — 40 * 143 — 40 - 143 — 40 - 143 — 40 -- 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - 143 — 40 - —\ Sec. Sec. Vol. Page. R.S. Comp. St. Sec. *1859 a.a. *3328 *4460a, *5859a, *5859aa. *5859b *5859C *5859 d *5859dd *6836e *6836f *81702, *8459%a. (15) *252a. *3270a, *3092a. *767844 *31.15%hh *3230C *3329CC *6933C *7000a, *6829ii *6829j *6829Ill *6829 m (%) *6829qq #317 *1717bbb *1738a, a *1775 a.a. *1806a. *1806b *1807 a.a. *1816a *1842a. *1867 CCC *1867CCCC *1867 CCCCC *1867dd14. *1867 diddd *1867p *1920b *19433 *1943b *1943G *1943d *1943e *1943f *1943g *1943h *1943i *1943j *1943k *1943] *1943rd *1950a, *1972a.a. *1980 a.a. *1991aa. *2016.a.a. *2044r *20.44% *2091 a. *21.18a.a. *21186 *2126b *2136b *2205a. *2267a. . *3044CC *3064a. *3072a *3072b *3084b *3602a *6404a *6676aa *6771a CHRONOLOGICAL TABLE OF LAWS Date of Act. 19 i 8 July 9 July 9 July 9 July 9 July 9 July 9 July 9 July 9 Stat. at. Large. /-- —y Chap. Sec. Vol. Page. 143 — 40 sºmº 143 — 40 *E== 143 — 40 *º 143 — 40 egºmº 143 — 40 smº 143 — 40 — 143 — 40 sº 143 — 40 *=e Stat. at Large. k R.S. i 2– Date of Act. July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July July 9 4 Sub. Chap. Chap. Sec. Vol. 143 3 — 40 143 4 — 40 143 5 1. 40 143 5 2 40 143 5 3 40 143 5. 4 40 143 5 5 40 143 5 6 40 143 6 * 40 143 , 6 — 40 143 6 * 40 143 6 — 40 143 6 — 40 143 7 — 40 143 8 — 40 143 9 — 40 143 10 — 40 143 10 — 40 143 10 — 40 143 10 t-º-º: 40 143 11 — 40 143 12 1 40 143 12 2 40 143 12 3 40 143 12 4 40 143 13 &= -º 40 143 14 — 40 143 15 1. 40 143 15 2 40 143 15 3 40 143 15 4 40 143 15 5 40 143 15 6 40 143 15 7 40 143 15 8 40 143 15 8 40 143 16 1. 40 143 16 2 40 143 16 3 40 143 16 4 40 143 16 5 40 143 17 1 40 143 17 1. 40 143 17 2 Page. —y ; *g. 1342 1342 1342 1342 [Page 1944] Sec. . SeC. Comp. St. *683.22. *6848a, *6856 *6895 a. *693.2a. *6941a.a. *8562g *10066 Sec. Comp. St. *6614a, *6614b) *1832b *1832C *1832d *1832e *1832f *1832g" *6403 *6403(1) *6403 (2) *6403(3) *6403(4) *1789a, *2019 d *1731aa, *2308a (52) *2308a, (53) *2308a; (57) *2308a, (112) *2044S *20.44% (a) *204414(b) *204444C *2044b. *2044g *2019b. *918814 (a) *918.8% (b) *918.8% (c) *918814 d *918.8% (e) *918814 (f) *918.8% (g) , *6911 a.a. *918814. (h) *3115*/s2g *3115 1/32h *31151/32i *3115+/s2.j *3115 1/32k *1807 a.a.a. . *1829 a. *1991a. Stat. at Large. LA r-— 1)ate of , , Act. I 9 I 8 J UI I -y of July 10 July 10 July 10 July 10 July 10 July 10 July 10 July 10 July 10 July 10 July 11 July 11 July 11 July 15 July 15 July 15 July 15 July 15 July 15 July 15 July 15 July 15 July 15 July 15 July 16 July 16 *Appendix. Sub . . Chap. Chap. Sec. Vol. 40 Sec. —y Sec. Page. R.S. Comp. St. 143 17 3 * 143 17 4 40 . . . — 143 17 5 40 Eºs 143 17 6 : 40 *s 143 17 7 40 *=º 143 17 8 4:0 mammº 143 17 9 40 tºº 143 17 - 10 40 *==º 143 18 — 40 *g 143 18 — 40 Essº 143 18 — 40 *== 143 18 — 40 smºs 143 19 1 40 *sº 143 19 2 40 *º- 143 19 3 40 smºs 143 19 4 40 º 143 20 — 40 cºmmº- 143 20 — 40 ** 143 20 – 40 — 143 20 — 40 *E**** 143 20 — 40 *g 143 21 — 40 -- 143 22 – 40 *sº 143 24 1 40 — 143 24 2 40 *sº 143 24 3 40 & Fºº 143 24 4 40 &=º Stat. at Large. 2– —) Chap. Sec. Vol. Page. 144 1. 40 gº 144 1. 40 -*-4 144 2 40 *=sº 144 3 40 tºº 144 4 40 .- 144 5 40 tºº 144 6 40 tºº .144 7 40 *== 144 8 40 *=== 144 9 40 tº-º 145 1. 40 , – 145 2 40 sº-sº 145 3 40 tº- gººmsº 1 40 *-º gºssº 2 - 40 tº-º-º-º: * 3 40 mº **** 4 40 *=º *sº 4 40 sº * 4 40 &=sº - 4 40 º gº 4 40 tºmº *º 4 40 sº *** 4 40 *==le *sº 4 40 — tºº. 1 40 tº- gº 2 40 g = Sec R.s. *1920a, *20802, *2144a, *1892b *1881.f *18810 *1892e *1949a, *2136a.a. :*2136C *30716. *6617a, *986.2a. #986.2b *9862c *9862d *17383.a.a. *1952a.a. *1952b *2044t *2077 a. *2044 u *2230c *311511/12a *311511/12b *3115 */12c *311511/12d ''Sec. Comp. St. *105633. *10563b *10563C *10563d *10563e *10563f *10563g *10563h *10563i *10563; *514b*4. *514e #514i *8146a, *8146.a.a. *8146e *8146 r(1) *8146 r(2) *81461 (3) *8146 r (4) *81461 (5) *81461 (6) *8146r(7) *8146 r(8) *8985a. *8985b, CEIRONOLOGICAL TABLE OF LAWS HDate of Res. 1789 Sept. 23 Ti 812 MCh. 2 1813 T}ec. 27 Dec. 27 Dec. 27 1814. Oct. 21. 1815 MCh. 3 Mch. 3 MCh. 3 MCh. 3 1816 Apr. 27 Apr. 27 Apr. 27 Apr. 27 Apr. 27 1819 MCh. 3 Mch. 3 1821 MCh. 3 Mch. 3 Mch. 3 1823 Mch. 1 i83{} Jan. 13 . 1832 July 14 July 14 1840 July 20 July 20 July 20 1841 Sept. 11 1843 MCh. 3 1844. Apr. 30 June 15 June 15 June 15 1845 Mch. 3 1846 Jan. 7 1848 July 1 Aug. 11 1849 MCh. 3 1850 Feb. 14 1856 May 14 May 14 Aug. 18 1857 Jan. 28 Jan. 28 Jan. 28 MCh. 3 Tº 859 MCh. 3 Mich. 3 1860 June 23 June 23 [Page 1945] , RESOLUTIONS: , Stat. at Large. Stat. at Large, r— * * - - Sec. * Sec. Pate of — —, , Sec. No. Sec. Wol. Page. R.S. coºst. |Res. No. Sec. Vol. Page. - - . . . 1860 ... " - w - 3 — 1 97 206 304 || June 23 25 2 12 117 3763 - . . June 23 25 2 12 117 3783 1 — 2 786 94 139 || June 23 25 2 12 117 38.19 June 23 25. 2 12 117 38.21 gº- 47 June 23 25 3 12 118 3760 ; e- : #. s: 14. June 23 ; 25 . 3 12 118 3815 1. ºs- 3 140 3798 — June 23 25 3 12 118 3816 June 23 25 3 12 118 3817 - º June 23 25 & 12 118 3783 3 – 8 246 80 118 j; ; 5 12 118 3785 June 23 25 5 12 118 3786 11 — 3 249 65 91 || June 23 25 6 12 118 3760 11 — 3 249 66 - 9% June 23 25 7 12 119 3820 -11 — 3 249 67 98 || June 23 25 8 12 119 3779 11 — 3 249 68 94 || June 23 25 9 12 119 3814 - June 23 25 9 12 119 3821 6 1. 3 342 198 - || June 23 25 10 12 119 3765 6 } ; : sº -- || June 23 25 il 12 119 3784 6 Tº 1862 6 2 3 342 510 *T Apr. 16 , 28 — 12 617 1816 ... 6 3 - 3 342 511 T. June 18 36 — 12 620 1802 - - June 21 37 — 12 620 1116 - 7 — 3 538 1531 2769 - - 7 1. 3 538 1532 2772 July 12 52 — 12 623 - July 12 54 — 12 624 51 2 — 3 646 5536 10520 July 17 68 2 12 628 41 ... 2 — 3 646 5537 10521 || July 17 70 2 12 629 4781 2 — 3 646. 5538 10522 | 1863 Jan. 6 2 1 12 822 3781 1. — 3 789 61 85 Jan. 17 9 — 12 822 3571 w Jan. 17 9 — 12 823 3588 sº- Qo MCh. 3 27 3 12 826 265 2 4 429 94 139 Mch. 3 27 3 12 826 3798 - Mch. 3. 27 3 12 826 3812 11 — `4 608 198 tºº - -11 — 4 608 510 L | Mch. 3 32 2 12 828 3722 - #: 4. 11 13 402 3791 - € O. ºw- : I : . . ; * |M|... it 30 — is tº gº - July 1 60 — 13 414 2402 July 1 60 — 13 414 3689 6 — 5 468 355 6902 |juſ; 1 62 — 13 414 4753' t July 2 67 — 13 416 1330 7 º- 5 650 2443 4855 July 2 68 — 13 416 1111 l July 4 75 — 13 416 1277 5 - 5 717 3798 - 1865 16 -º- 5 719 259 868 || Jan. 30 10 s 13 567 2346 16 — 5 719 334 877 | Feb. 14 15 — 13 568 77 . 16 * 5 719 335 878 | Feb. 14 15 — 13 568 3801 - MCh. 3 27 1 13 571 1754 15 tº- 5 801. 2576 5338 Mch. 3 27 2 13 571 1755 - - MCh. 3 29 — 13 571. 2037 - - - - MCh. 3 32 — 13 572 3821 2 9 108 3669 6732 1866 ! / Jan. 12 2 1 14 347 3759 13 *- 9 336 4743 - June 16 49 1 14 359 1317 , 26 e- 9 340 94 139 || June 16 49 1 14 359 1318 - June 16 - 49 — 14 359 1319 17 2 9 419 285 456 July 25 77 -- 14 365 80 - July 26 80 — 14 366 427 July 27 90 — 14 369 608 4 1 9 560 2954 . 5688 |jui, 3% 90 – 14 369 658 t - . I S67 9 — 11 144 251 870 | Feb. 5 11 1 14 565 3254 9 — 11 144 338 882 | Feb. 25. 28 4 14 568 3689 18 — 11 145 167 246 | Feb. 28. 30 2 14 569 170 Mch. 2 46 — 14 571 3480 5 2 11 253 3798 - || Mich. 2 47 2 14 571 2510 5 3 11 253 501 — | Mch. 2 48 – 14 571 3622 5 5 11 253 97 146 | Mch. 2 48 – 14 571 5491 14 — 11 255 55 79 || Mch. 2 49 — 14 572 5218 - Mich. 22 8 — 15 21 2504 14 1 11 42 49 sºlº. # # I # * is: 14 1 11: 442 50 54 Mich. 29 18 — 15 24 39 MCh. 29 19 — 15 24 2504 25 2 12 117 3760 — | Mich. 29 22 — 15 25 278 25 2 12, 117 3761 — | Mch. 29 27 — 15 28 5253 Sec. R.S. Comp.st. 6541 6575 871 6872 ,6814 3334 4312 6799 (41) 9085 2253 2270 2142 4658 $3214 3215 3973 2238 2239 2240 118 5989 253 6387 6616 10258 9783 3136 41 446 9864 CHRONOLOGICAL TABLE OF LAWS Date of: Res. 1868 Jan. 31 Jan. 31 MCh. 2 MCh. 12 June 8 July 13 July 13 July 20 July 25 July 25 July 25 July 27 Dec. 15 1869 Mch. 3 MCh. 29 Apr. 10 Apr. 10 1870 IFeb. 2 Feb. 3 IFeb. 9 Apr. 6 May 4 May 4 May 15 May 27 June 21 July 1 July 1 July 1 July 11 July 15 Dec. 22 Dec. 22 1871 Jan. 11 Jan. 11 Jan. 11 Jan. 11 Feb. 9 Feb. 9 Feb. 9 Feb. 9 Feb. 10 Feb. 10 Feb. 10 Feb. 10 Feb. 10 Feb. 17 Feb. 21 Feb. 28 Mch. 3 Mch, 3 Mch. 3 Mch. 3 1874 Jan. 8 Mch. 24 1876 May 8 July 22 July 22 July 22 1878 June 14 1879 June 14 1880 June 7 June 7 1881 Mch. 3 1884 Feb. 1 1885 Jan. 6 1886 June 28 1887 Feb. 23 Stat. at Large. —, Sec Sec. Vol. Page. R.S. 24 'No. 8 — 15 246 8 – 15 246 16 1 15 249 19 — 15 250 32 — 15 253 55 1 15 257 55 2 15 257 64 — 15 260 72 — 15 260 72. — 15 260 73 — 15 261 76 — 15 262 1 — 15 343 22 — 15 348 5 — 16 52 11 — 16 53 15 2 16 55 7 — 16 368 8 — 16 368 12 – 16 369 32 — 16 372 40 — 16 373 42 — 16 374 62 3 16 377 66 1 16 378 75 — 16 380 96 1 16 384 96 1, 16 384 97 — 16 384 106 — 16 387 131 – 16 391 2 – 16 589 2 – 16 589 5 – 16 590 5 – 16 590 5 . — 16 590 5 — 16 590 22 1 16 594 22 2 16 594 22 3, 16 594 22 4 16 594 27. 1 16 595 27 1 16 595 27 1 16 595 27 2 16 595 27 2 16 595 36 — 16 597 40 — 16 598 45 — 16 599 49 — 16 600 49 — 16 600 . 52 — 16 601 53 – 16 601 l — 18 285 6 — 18 286 10 — 19 213 17 1 19 215 17 3 19 215 17 4 19 215 30 – 20 253 6 — 21 50 44 – 21 308 44 — 21 308 26 – 21 521 4 — 23 266 5 — 23 516 15 – 24 342 6 tº ºn 644 3710 3735 4676 1298 4837 5250 5248 4222 3792 3796 1227 231 525 1959 3153 1129 183 2568 212 221 1259 . 1225 282 2102 349 3755 1509 1510 2680 1608 1826 800 801 490 491 492 894 4395 4396 4397 4398 4585 4587 4804 2793 4382 IPage Sec. Comp. St. 6837 6888 8452 2180 9960 9840 7817 1944 98.71 817 8853 5862 *º- 265 5334 309 2074 2283 452 521 6952 2706 2707 3416 753 754 755 1507 901 904 905 906 gºsº 919.1 5.490 8137 9856 9260 6819 6820 6022 31.20 7260 5976 6545 6546 6547 6866 917.4 1529 7108 89.00 674 3244 72 3245 1946I Date of Res. 1890 Aug. 28 Sept. 1 Sept. 25 Sept. 30 1891 Feb. 5 1892 Apr. 12 Dec. 13 1893 Mch. 3 Sept. 1 Oct. 31 1894. Jan. 27 May 5 May 11 1895 Feb. 15 1896 Feb. 7 Feb. 26 Mch. 19 Apr. 20 May 2 June 11 1897 Feb. 17 Feb. 18 Feb. 18 1898 Apr. 11 Apr. 22 Apr. 22 May 4 July 7 July 7 July 7 July 8 1899 Jan. 28. 1900 Mich. 21 Mch. 26 May 1 May 1 May 25 June 2 1901 Feb. 23 Mich. 2 Mch. 2 Mch. 2 Mch. 2 1902 Feb. 7 May 13 May 16 May 19 July 1 July 1 1903 Jan. 12 Nov. 12 1904 Feb. 24 Mch. 14 Mch. 28 Mch. 29 Mich. 31 Apr. 12 Apr. 15 Apr. 18 Apr. 27 Apr. 28 Apr. 28 Apr. 28 Apr. 28 Stat. at Large. Sec. See vol. Page." R.S. Co s tººli 26 26 26 26 26 27 27 27 28 28 28 28 28 28 678 679 681 684 1113 395 752 757 11 13 577 582 583 970 463 465 468 471 473 476 700 701 701 737 739 739 74.1 - T50 751 751 752 1388 713 713 716 716 717 718 1462 1464 1464 1465 1465 735 740 74.1 74.1 750 750 1229 1 583 583 584 585 585 587 588 589 590 591 591 591 591 •’ - Sec. mp. St. 141 9010 1945 4555 3094 93.82 489 75 5036 7989 142 6648 1948 9024 7024 7150 7090 7059 1939 2862 7124 779 780 6903 7677 7678 2714 3736 3738 4335 842 71.25 7165 7124 37.82 3783 71.21 7100 7096 7026 7027 7028 7103 122 7098 7104 6994 8939 8940 1947 52 7132 7.096 7097 7099 7133 7118 3267 45.99 7134 957 4246 4338 341 CHRONOLOGICAL TABLE OF LAWS Date of Res. 1905 Feb. 24 Feb. 24 Mch. 3 1906 Mch. 21 Mch. 30 Mch. 30 June 11 June 11 June 11 June 28 June 29 June 30 1907 Feb. 7 Feb. 27 Mch. 2 MCh. 4 Mch. 4 Mch. 4 1908 Jan. 15 Jan. 15 Mch. 26 May 25 1909 Mch. 4 1910 |Feb. 15 Mch. 24 Apr. 9 June 25 June 25 June 25 1911 Feb. 27 Aug. 21 1912 Mch. 14 Mch. 14 Aug. 24 1914. May 8 May 3 Date of Conv. 1894 Dec. 8 Dec. 8 DeC. 8 [Page 1947.] Stat. at Large, 13 1. 2 s 3 ; Stat. at Large. r Art. III — Sec. Sec, Sec. Vol. Page. B.S. Comp. St. 33 1283 º 7135 33 1284 gº 7136 33 1287 sº 7137 34 824 tºº 3608 34 825 Hºmº 7166 34 826 gº 71.68 34 831 tºmºsºmº 5214 34 832 gºmº 5215 34 832 º 5216 34 836 * 8940 34 837 $º 5246 34 838 tºº 8640 34 1421 sº 98.43 34 1422 sº 1941 34 1423 gº 1949 34 1424 ſº 71.23 34 1425 sº 7084 34 1426 ſº 7120 35 565 sº 7153 35 566 tº a 71.54 35 569 º 9916 35 577 *º- 4688 35 1169 sº 7126 36 874 sº 4402 36 877 * 4388 36 877 tº º 3820 36 883 tºº 7141 36 883 tººl 71.42 36 884 tº . 4824 36 1458 tºº 8936 37 38 ſº 4692 37 630 tº 7677 37 630 tºº 7678 37 645 * 1999 38 -770 tºº 69393. 38 771 tº 6939b ~\ Sec. Vol. Page. Comp. St. 28 1210 4326 28 1210 4327 28 1211 4328 Date of Res. 1914 May 8 May 8 1915 Jan. 14 MCh. 4 1916 Mch. 17 Apr. 28 June 22 July 1 July 1 July 1 July 1 Aug. 29 Sept. 5 Sept. 8 1917 Jan. 19 Mch. 4 Mch. 4 MCh. 4 May 12 May 12 June 15 June 30 July 9 July 17 Oct. 5 1918 Jan. 12 Feb. 12 MCh. 27 Mich. 28 Apr. 2 May 16 May 20 May 20 May 20 May 20 June 29 June 29 July 16 Stat. at Large, Sec. Sec. 'No. sec. vol. Page." R.S. Comp.st. 15 1 38 771 gº . 1963a 15 2 38 771 sº 1963b 3 — 38 1221 cºsmºs 757a, 15 — 38 1227 gº 7300 Chap. 46 — 39 36 gº 1882 98 — 39 59 gººm 7107a, 171 — 39 236 *sº 8848a 211 1 39 339 ºmº 3046 211 2 39 340 * 3076b 211 3 39 340 sºmº 3047 211 4 39 340 * * 3051 420 — 39 671 gººm 4604a. 441 — 39 725 esmº 5657a. 478 — 39 853 wºmmºnſ 1881nn 18 — 39 867 ſºme 99.89h 190 — 39 1201. gº 8835ii 191. — 39 1201 º 6829e 192 — 39 1202 sºmº 10387d 13 1 40 75 * 8146 rr. 13 2 40 75 * '8146S 31 — 40 231 * 2075b 34 — 40 241 ºss 99.89i 37 — 40 242 *sº 9141a. 39 — 40 243 gºmº. 46.20a, 75 — 40 343 gºme 4620b 8 — 40 gºsº gº 8835ii 17 — 40 &=mº tºº 514 ulıºğ. 27 — 40 tºº gº 3284a, 29 — 40 sº gº 667a, 41 — 40 tº-º-º-º: — 514 uuu% 76 — 40 * s—- 2044 m. 79 1 40 *= * 2044 n a 79 2 40 — — 20440 79 3 40 * sº 2044.p 79 4 40 tº- gººms 20440 111 gººms 40 tº tºº *9989.j 112 — 40 tºº. . – “4289%bbb º — 40 iº 3 — `, *31.15%x WITH CHINA Date of Conv. 1894 Dec. 8 Dec. 8 Dec. 8 *Appendix. Stat. at Large. Art. vol. Page. 28 1211. V. 28 1211 VI 28 1212 Sec. Comp. St. 4329 4330 4331 ACTS CITED BY POPULAR NAME This list is intended to comprise all Acts or Resolutions of Congress, or Presidential Proc- lamations, which are or have been cited by popular designation. Sections in parentheses at the end of an act indicate where such act may be found in this compilation. Acts not followed by section numbers are obsolete, repealed or omitted from the compilation for other reasons. g- Abandoned Property Collection Act, Mch. 3, 1863, c. 120, 12 Stat. 820 (§ 1153). Abolition of Slavery Act (District of Columbia), Apr. 16, 1862, c. 54, 12 Stat. 376. Abolition of Slavery Act (Territories), June 19, 1862, c. 112, 12 Stat. 432. Accident Reports Act (Railroads), Mch. 3, 1901, c. 866, 31 Stat. 1446. Accident Reports Act (Railroads), May 6, 1910, c. 208, 36 Stat. 350 (§§ 8642–8647). Adams Act (Agricultural Experiment Stations), Mch. 16, 1906, c. 951, 34 Stat. 63. Adamson Act (Eight Hour Law), Sept. 3, 5, 1916, c. 436, 39 Stat. 721 (§§ 8680a–86806). Adjustment Act (Railroad Land Grants), Mch. 3, 1887, c. 376, 24 Stat. 556 (§§ 4895–4900). Age Law (Pensions), Feb. 6, 1907, c. 468, 34 Stat. 879 (§§ 8964–8966). Agricultural College Acts, July 2, 1862, c. 130, 12 Stat. 503 (§§ 4473(5), 4476, 8870). Mch. 3, 1883, c. 102, 22 Stat. 484 ($ 8870). Aug. 30, 1890, c. 841, 26 Stat. 417 (§§ 8871– 8876). . 4, 1907, c. 2907, 34 Stat. 1256, 1281 (§ 8877). Agricultural Experiment Stations Acts, Mch. 2, 1887, c. 314, 24 Stat. 440 (§§ 8878, 8879, 8881–8887, 8889). Mch. 16, 1906, c. 951, 34 Stat. 63 (§§ 8891– 8896). Agricultural Extension Work Act, May 8, 1914, c. 79, 38 Stat. 372 (§§ 8877a-8877h). Alaska. Civil Code, June 6, 1900, c. 786, 31 Stat. 321. Alaska, Coal Lands Act, Oct. 20, 1914, c. 330, 38 Stat. 741 (§§ 5078a–5078r). Alaska. Criminal Code, Mch. 3, 1899, c. 429, 30 Stat. 1253. - Alaska, Game 327. Alaska, Railroad Act, Mch. 12, Stat. 305 (§§ 3593a–3593d). Alaska, Road and Trail Act, Jan. 27, 1905, c. 277, 33 Stat. 616 (§§ 3592, 3594). Alaska. Salmon Fisheries Act, June 26, 1906, c. 3547, 34 Stat. 478 (§§ 3628–3638, 3641–3643). Aldrich Act (Currency), Mch. 4, 1907, c. 2913, 34 Stat. 1289 (§§ 6489, 6567, 9691, 9709). Aldrich-Vreeland Act (National Currency Asso- ciations), May 30, 1908, c. 229, 35 Stat. 546 (§§ 9692, 9693, 9709, 9714, 9752, 9779). Alien Contract Labor Law of 1885, Feb. 26, 1885, c. 164, 23 Stat. 332 (§ 4245). Alien Contract Labor Law of 1907, Feb. 20, 1907, c. 1134, 34 Stat. , 898 (§§ 959, 960, 4242, 4244, 4247, 4248, 4250–4256, 4258, 4260–4263, 4265, 4267– 4270, 4272–4277, 4279–4282, 4284–4289). Alien Enemies Acts, June 25, 1798, c. 58, 1 Stat. 570. July 6, 1798, c. 66, 1 Stat. 577 (§§ 7615–7618). Alien Immigration Act of 1907, Feb. 20, 1907, c. 1134, 34 Stat. 898 (§§ 959, 960, 4242, 4244, 4247, Law, June 7, 1902, c. 1037, 32 Stat. 1914, c. 37, 38 4248, 4250–4256, 4258, 4260–4263, 4265, 4267– 4270, 4272–4277, 4279–4282, 4284–4289). CoMP.ST.’18 [Page Aliens’ Real Estate Ownership Acts (Territo- ries), MCh. 3, 1887, c. 340, 24 Stat. 476 (§§ 3498– 3500). Mch. 2, 1897, c. 363, 29 Stat. 618 (§§ 3490– 3496) Amnesty Acts (Removal of Disabilities under Fourteenth Amendment), May 22, 1872, c. 193, 17 Stat. 142. June 6, 1898, c. 389, 30 Stat. 432 (§ 3219). Amnesty Proclamations, º Dec. 8, 1863, No. 11, 13 Stat. 737. May 29, 1865, No. 37, 13 Stat. 758. Dec. 25, 1868, No. 15, 15 Stat. 711. Animal Industry Act, May 29, 1884, c. 60, 23 Stat. 31 (§§ 838, 850, 8690–8697). Animal Quarantine Acts, *; 1903, c. 349, 32 Stat. 791 (§§ 8698– Mch. 3, 1905, c. 1496, 33 Stat. 1264 (§§ 8701– 8705, 10230). - Anti-Gambling Act (District of Columbia), May 16, 1908, c. 172, 35 Stat. 163. Anti-Immunity Act (Trusts and Interstate Com- º, June 30, 1906, c. 3920, 34 Stat. 798 (§ Anti-Lottery Act, Sept. 19, 1890, c. 908, 26 Stat. 465 (§§ 7411, 7573, 10383). Anti-Moiety Act (Informers), June 22, 1874, c. 391, 18 Stat. 186 (§§ 1713, 5525, 5683, 5684, 57.14, 5796–5804, 10132–10134). Anti-Narcotic Act, Dec. 17, 1914, c. 1, 38 Stat. 785 (§§ 6287g–6287g). Anti-Pass Acts, June 29, 1906, c. 3591, 34 Stat. 584 (§§ 8563(5), 8569, 8579, 8582–8585, 8592, 8596, 8597). Apr. 13, 1908, c. 143, 35 Stat. 60 ($ 8563 (5) ). Anti-Polygamy Acts, July 1, 1862, c. 126, 12 Stat. 501 (§ 10486). Mch. 22, 1882, c. 47, 22 Stat. 30 (§§ 1265, 3450, 10486–10488). Mch. 3, 1887, c. 397, 24 Stat. 635 (§§ 1466, 1493). - Anti-Trust Act, July 2, 1890, c. 647, 26 Stat. 209 (§§ 8820–8823, 8827–8830). Anti-Trust Act, Oct. 15, 1914, c. 323, 38 Stat. 730 (§§ 1243a–1243d, 1245a-1245e, 8602a, 8835a- 8835p). Apportionment Act of 1901, Jan, 16, 1901, c. 93, 31 Stat. 733. Arbitration Act (Labor Disputes), June 1, 1898, c. 370, 30 Stat. 424. . Arbitration Act, July 15, 1913, c. 6, 38 Stat. 103 (§§ 8666–8676). Arid Land Act, Oct. 2, 1888, c. 1069, 25 Stat. 526 (§ 4696). Armed Occupation Acts (Florida), Aug. 4, 1842, c. 122, 5 Stat. 502. June 15, 1844, c. 71, 5 Stat. 671. July 1, 1848, c. 90, 9 Stat. 243. Army at Polls (Army Appropriation Act), May 4, 1880, sec. 2, c. 81, 21 Stat. 113. Army Medical Department Act, Apr. 23, 1908, c. 150, 35 Stat. 66 (§§ 1807, 1808–1810, 1814, 1816– 1818). 19491 TABLE OF ACTS CITED BY POPULAR NAME [Page 1950 I Army Reorganization Act, Feb. 2, 1901, c. 192, 31 stat. 748 (§§ 1717, 1725, 1738, 1741, 1745, 1775, 1785, 1793, 1797, 1812, 1831, 1840, 1842, 1868, 1883, 1905, 1908, 1911, 1912, 1936, 1946, 1990, 2009, 2172). * Army Reorganization Act, June 3, 1916, c. 134, 39 Stat. 166. See Chronological Table of LaWS. Article of War Act (Fugitive Slaves), Mch. 13, 1862, c. 40, 12 Stat. 354 (§ 2978). Ash Pan Act (Railroads), May 30, 1908, c. 225, 35 Stat. 476 (§§ 8624–8629). - Assumption Act (State Debts), Aug. 4, 1790, c. 34, 1 Stat. 138. Atoka, Agreement (Indians), June 28, 1898, C. 517, 30 Stat. 495. - Automatic Coupler Act (Interstate Commerce), Mich. 2, 1893, c. 196, 27 Stat. 531 (§§ 8605–8612). Aviation Service Act, July 18, 1914, c. 186, 38 Stat. 514 (§§ 1867a-1867c). Backbone Grant Act (Texas Pacific Railroad), Mch. 3, 1871, c. 122, 16 Stat. 573. Bank Note and Redemption Act, July 12, 1870, c. 252, 16 Stat. 251 (§§ 9724, 97.26, 9757). Bankruptcy Acts, - Apr. 4, 1800, c. 19, 2 Stat. 19. Aug. 19, 1841, c. 9, 5 Stat. 440. Mch. 2, 1867, c. 176, 14 Stat. 517 (§§ 991, 1233, 10300). July 1, 1898, c. 541, 30 Stat. 544 (§§ 991(19), 1122, 1229, 9585–9656). Feb. 5, 1903, c. 487, 32 Stat. 797 (§§ 9586–9588, 9598, 9601, 9602, 9605, 9607, 9624, 9631, 9632, 9641, 9644, 9648, 9649, 9651, 9654—9656). June 15, 1906, c. 3333, 34 Stat. 267 ($ 9648). June 25, 1910, c. 412, 36 Stat. 838 (§§ 9586, 9588, 9596, 9598, 9607, 9631, 9632, 9642–9644, 9651, 9656). Benning Road Widening Act, May 16, 1908, c. 172, 35 Stat. 163. Eill of Abominations (Tariff), May 19, 1828, c. 55, 4 Stat. 270 (§ 386). Bill of Lading Act (Carriage of Goods by Sea), Feb. 13, 1893, c. 105, 27 Stat. 445 (§§ 8029– 8035). Bill of Lading Act (Interstate and Foreign Com- merce), Aug. 29, 1916, c. 415, 39 Stat. 538 (§§ 8604aaa-8604w). Bland-Allison Act (Coinage of Silver), Feb. 28, 1878, c. 20, 20 Stat. 25 (§§ 6453, 6454). Blockade of Southern Ports Proclamation (Civil War), Apr. 19, 1861, No. 4, 12 Stat. 1258. Block Signal Resolution (Railroads), June 30, 1906, Res. No. 46, 34 Stat. 838 ($ 8640). Bond Act (Public Officers), Mch. 2, 1895, c. 177, 28 Stat. 764, 807 (see §§ 3288–3290). Bond Purchase Clause (Sundry Civil Appropri- ation Act), Mch. 3, 1881, sec. 2, c. 133, 21 Stat. 457 (§ 6823). Booth Act (California. School Lands), 1877, c. 81, 19 Stat. 267. Mch. 1, Bowman Act (Claims), Mch. 3, 1883, c. 116, 22 Stat. 485 (§§ 1139, 1175–1178). Bridge Act, Mch. 23, 1906, c. 1130, 34 Stat. 84 (§§ 99.61–9968). Bureau of Corporations Act, Feb. 14, 1903, c. 552, 32 Stat. 827 (see § 889). Bureau of Mines Act, May 16, 1910, c. 240, Stat. 369. Bureau of Standards Act, Mch. 3, 1901, c. 872, 31 Stat. 1449 (§§ 921–923, 925–927, 929–931). Burke Act (Indians), May 8, 1906, c. 2348, 34 Stat. 182 (§§ 3951, 4203). Piº Timber Act, Mich. 4, 1913, c. 160, 37 Stat. 15. 36 Business Methods Inquiry Act (Executive De- partments), June 25, 1910, c. 384, 36 Stat. 703. Campaign Expenses Publicity Act, June 25, 1910, c. 392, 36 Stat. 822 (§§ 188–198). Canadian Boundary Act, June 13, 1902, c. 1079, 32 Stat. 331, 373 (§ 9.984). Canal Act, June 28, 1902, c. 1302, 32 Stat. 481 (§§ 6826, 10031). - Canal Zone Government Act, Apr. 28, 1904, c. , 1758, 33 Stat. 429. Carey Act (Irrigation), Aug. 18, 1894, c. 301, sec. 4, 28 Stat. 372, 422 (§ 4685). Carlisle Act (Internal Revenue), May 28, 1880, c 108, 21 Stat. 145 (§§ 5651, 5652, 5972, 5997, 5999, 6026, 6028, 6034, 6036, 6057, 6068, 6091, 6092, 6096, 6124, 6125). Carmack Amendment to Hepburn Act (Inter- State Commerce), June 29, 1906, c. 3591, § 7, parS. 11, 12, 34 Stat. 595 (§§ 8604a, 8604aa). Carriers’ Act (Carriage of Goods by Sea), Feb. 13, 1893, c. 105, 27 Stat. 445 (§§ 8029–8035). Carter Act (Alaska Civil Code), June 6, 1900, c. 786, 31 Stat. 321. Cattle Contagious Diseases Acts, Fºº, ; 1903, c. 349, 32 Stat. 791 (§§ 8698– 8700). Mch. 3, 1905, c. 1496, 33 Stat. 1264 (§§ 8701- 8705, 10230). - Mch. 4, 1913, c. 145, 37 Stat. 831 (§ 8785). Cattle Inspection Act, Mch. 3, 1891, c. 555, 26 Stat. 1089 (§§ 8709–8714). Census Act, Mch. 6, 1902, c. 139, 32 Stat. 51 (§§ 909–911, 913, 914, 4389–4391, 4403, 4414). Census Act, July 2, 1909, c. 2, 36 Stat. 1 (§§ 915– 919, 3284, 4385-4387, 4393-4402, 4405-4413, 4415, 44.16, 4418, 4419, 7376). Cherokee Agreement, July 1, 1902, c. 1375, 32 Stat. 716. Child Labor Law (District of Columbia), May 28, 1908, c. 209, 35 Stat. 420. Child Labor Act, Sept. 1, 1916, c. 432, 39 Stat. 675 (§§ 88192-8819ſ). Children's Bureau Act, Apr. 9, 1912, c. 73, 37 Stat. 79 (§§ 964-967). Chinese Exclusion Acts, May 6, 1882, c. 126, 22 Stat. 58 (§§ 4290–4302, 4359). July 5, 1884, c. 220, 23 Stat. 115 (§§ 4290– 4293, 4295, 4297–4302). Sept. 13, 1888, c. 1015, 25 Stat. 476 (§§ 4306– 4314). May 5, 1892, c. 60, 27 Stat. 25 (§§ 4315–4323). Nov. 3. 1893, c. 14, 28 Stat. 7 (§§ 4320, 4324). Apr. 29. 1902, c. 641, 32 Stat. 176 (§§ 4249, 4337–4339). r Apr. 27, 1904, c. 1630, 33 Stat. 394, 428 ( 4337). - Choctaw-Chickasaw Supplemental Agreement, July 1, 1902, c. 1362, 32 Stat. 641 (§ 5243). 'Circuit Court of Appeals Act, Mch. 3, 1891, c. 517, 26 Stat. 826 (§§ 1108, 1112, 1114, 1116, 1118, 1119-1120, 1121, 1124, 1215-1218, 1236, 1376, 1409, 1410, 1646–1648, 1651, 1670). Citizens’ Rights Act (Foreign States), July 27, 1868, c. 249, 15 Stat. 223 (§§ 3955–3957). Citizenship Act, Mch. 2, 1907, c. 2534, 34 Stat. 1228 (§§ 3958-3964). Civil Rights Acts, Apr. 9, 1866, c. 31, 14 Stat. 27 (§§ 991, 1013, 1014, 1018, 1542, 3931, 3935–3938, 3940-3943, 3946). Mch. 1, 1875, c. 114, 18 Stat. 335 (§§ 3926– 3930). Civil Service Act, Jan. 16, 1883, c. 27, 22 Stat. 403 (§§ 3271, 3272, 3274-3278, 3280–3282, 10288– 10292). Civil Service Examination in State of Dormicile Act, July 2, 1909, c. 2, 36 Stat. 3 (§ 3284). Civil War Claims Act, July 4, 1864, c. 239, 13 Stat. 381. Clayton Act (Anti-Trust Act), Oct. 15, 1914, C. 323, 38 Stat. 730 (§§ 1243a–1243d, 1245a-1245e, 8602a, 8835a–8835p). Coal and Oil Resolutions (Railroads), Mch. 7, 1906, Res. No. 8, 34 Stat. 823. Mch. 21, 1906, Res. No. 11, 34 Stat. 824. Coal Lands Act, Mch. 3, 1873, c. 279, 17 Stat. 607 (§§ 4659–4664): Coast Guard Act, Jan. 28, 1915, c. 20, 38 Stat. 800 ($$ 8459%a.(1)4-8459%a.(6)). - Coinage Act of 1873, Feb. 12, 1873, c. 131, 17 Stat. 424. See Chronological Table of Laws. Coinage Act (Silver, Dollar), Feb. 28, 1878, c. 20, 20 Stat. 25 (§§ 6453, 6454, 10317). Coin Purchase Act, Mch. 17, 1862, c. 45, 12 Stat. 370 (§§ 6558, 6559, 6576, 6815). Collection of Duties Act (Civil War), July 13, 1861, c. 3, 12 Stat. 255 (§§ 10130, 10143, 10146, 10147, 10156–10161). - Comanche, Kiowa, and Apache Tribes Act, June 6, 1900, c. 813, 31 Stat. 672, 676. TABILE OF ACTS CITED BY POPULAR NAME) w IIPage 1951] Combinations and Conspiracies Act, July 2, 1890, c. 647, 26 Stat. 209 (§§ 8820–8823, 8827-8830). Command of Army Clause, Mch. 2, 1867, c. 170, 14 Stat. 486. Commerce and Labor Act, Feb. 14, 1903, c. 552, 32 Stat. 825 (§§ 292, 421, 853, 854, 856-861, 867, 875). Commerce Court Act, June 18, 1910, c. 309, 36 Stat. 539 (§§ 993, 996, 997, 999, 1004—1006, 1110). Commodity Clause of Railroad Rate Act, June 29, 1906, c. 3591, 34 Stat. 584, 585 ($ 8563(6)). Commutation Clause of Homestead Act, May 20, 1862, c. 75, sec. 8, 12 Stat. 393 (§ 4589). Compensated Emancipation Resolution, Apr. 10, 1862, Res, No. 26, 12 Stat. 617. - Compromise of 1850 Act (Texas and New Mexi- co), Sept. 9, 1850, c. 49, 9 Stat. 446. Compromise of 1850 Act (Utah), Sept. 9, i850, c. 51, 9 Stat. 453. * Condemned Cannon Act, May 22, 1896, c. 230, 29 Stat. 133. }. Confiscation Acts (Civil War), Aug. 6, 1861, c. 60, 12 Stat. 319 (§§ 10150, 10151, 10153). - July 17, 1862, c. 195, 12 Stat. 589 (§§ 10166, 10168). Conformity Act, June 1, 1872, c. 254, 17 Stat. 196 (§§ 6817, 6818). - Conservation Acts (Food), Aug. 10, 1917, co. 52, 53, 40 Stat. 273, 276 (§§ 790a, 31.15%a-31.15%r, 4574, 4704a, 8689a). Conscription Act, May 18, 1917, c. 15, 40 Stat. 76 (§§ 2019a, 2019b, 2044a–2044k). Conservation Act (Navigable Waters), Mch. 1, 1911, c. 186, 36 Stat. 961 (§§ 5174-5187). Conspiracies Act (Civil War), July 31, 1861, c. 33, 12 Stat. 284 (§§ 3933(1-3), 10170, 10185). Constitutional Amendment Resolution, Mch. 2, 1861, Res. No. 13, 12 Stat. 251. Consular Reorganization Acts, Apr. 5, 1906, c. 1366, 34 Stat. 99 (§§ 3138, 3140- 3142, 3151, 3152, 3185-3188). May 11, 1908, c. 161, 35 Stat. 101. Feb. 5, 1915, c. 23, 38 Stat. 805 (§§ 3116, 3130a, 3130b-3131a, 31.40a). Contract Labor Law of 1885, Feb. 26, 1885, c. 164, 23 Stat. 332 (§ 4245). Contract Labor Law of 1891, Mch. 3, 1891, c. 551, 26 Stat. 1084 ($ 954). Contract Labor Law of 1907, Feb. 20, 1907, c. 1134, 34 Stat. 898 (§§ 959, 960, 4242, 4244, 4247, 4248, 4250-4256, 4258, 4260-4263, 4265, 4267-4270, 4272-4277, 4279-4282, 4284-4289). Coolie Trade Prohibition Act, Feb. 19, 1862, C. 27, 12 Stat. 340 (§§ 4342-4347). Copyright Act of 1891, Mch. 3, 1891, c. 565, 26 Stat. 1106. Copyright Act of 1909, Mch. 4, 1909, c. 320, 35 Stat. 1075 (§§ 9517-9524, 9530-9584). Corporate Surety Act, Aug. 13, 1894, c. 282, 28 Stat. 279 (§§ 3293–3300). Corporation Tax Act, Aug. 5, 1909, c. 6, 36 Stat. 112. Corrupt Practice Act, Aug. 23, 1912, c. 349, . 37 Stat. 360 (§ 195). Cotton Futures Act, United States, Aug. 18, 1914, c. 255, 38 Stat. 693. Aug. 11, 1916, c. 313, 39 Stat. 476 (§§ 6309a- 6309v). s Cotton Reports Act, May 27, 1912, Stat. 118 (§§ 826, 827). Cotton Statistics Act, July 22, 1912, Stat. 198 (§§ 4429–4434). Court of Customs Appeals Act, Aug. 5, 1909, c. 6, 36 Stat. 105 (§§ 1179–1190). Court of Private Land Claims Act, Mch. 3, 1891, c. 539, 26 Stat. 854. Covering in Act, June 20, 1874, c. 328, 18 Stat. 110 ($ 6802). • , Creek Original Agreement, Mch. 1, 1901, c. 676, 31 Stat. 861. Creek Supplemental Agreement, June 30, 1902, c. 1323, 32 Stat. 500. Criminal Appeals Act, Mch. 2, 1907, c. 2564, 34 Stat. 1246 (§ 1704). Jriminal Code, Mch. 4, 1909, c. 321, 35 Stat. 1088 (§§ 1009, 10165-10209, 10213–10226, 10228-10269, 10271-10278, 10280-10415, 10419–10495, 10497- 10519). g c. 135, 37 c. 249, 37 Criminal Code Amendment Act, June 25, 1910, c. 431, sec. 6, 36 Stat. 857 (§§ 10217, 10220). Cruelty to Animals Act, June 29, 1906, c. 3594, 34 Stat. 607 (§§ 8651-8654). Cuban Independence Resolution, Apr. 20, 1898, ites. No. 24, 30 Stat. 738. Cullom Act (Interstate Commerce), Feb. 4, 1887, c. 104, 24 Stat. 379 (§§ 8563-8567, 8569, 8571- 8576, 8581–8587, 8590-8592, 8594-8596, 8604a, 8604aa). Cummins Act, Mch. 4, 1915, c. 176, 38 Stat. 1196 (§§ 8592, 8604a). Currency Act of 1874, June 20, 1874, c. 343, 18 Stat. 123 (§§ 6563, 9657, 97.07, 9715, 9748, 9751). Currency Act of 1882, July 12, 1882, c. 290, 22 Stat. 162 (§§ 6566, 9665–9672, 9708, 9709, 9771). Currency Act of 1900, Mch. 14, 1900, c. 41, 31 #; 45 (§§ 477, 6480-6487, 6567, 6825, 96.75, 9709, 13). - Currency Act of 1908, May 30, 1908, c. 229, 35 Stat. 546 (§§ 9692, 9693, 9709, 9714, 9752, 9779). Currency Act (Legal Tender Notes), May 31, 1878, c. 146, 20 Stat. 87 (§ 6562). Currency Reduction Suspension Act, Feb. 4, 1868, c. 6, 15 Stat. 34 (§ 6561). Curtis Act (Five Civilized Tribes), Apr. 26, 1906, c. 1876, 34 Stat. 137. Curtis Act (Indians in Indian Territory), June 28, 1898, c. 517, 30 Stat. 495. Customs Administrative Act, June 10, 1890, c. 407, 26 Stat. 131 (§§ 519, 5593). See, also, TJnderwood Tariff Act, Oct. 3, 1913, c. 16, 38 Stat. 114. Customs Court Act, Aug. 5, 1909, c. 6, 36 Stat. 105 (§§ 1179-1190). Darm Acts, June 21, 1906, c. 3508, 34 Stat. 386 (§§ 9976– 9983). - º ; 1910, c. 360, 36 Stat. 593 (§§ 9976– 9983). Dawes Act (Indians), Feb. 8, 1887. c. 119, 24 Stat. 388 (§§ 3951, 4195-4198, 42.01, 4203, 4204, 4206, 4208-4210). Day Light Saving Act, March 19, 1918, c. 24, 40 Stat. (§§ 3907r-8907u). Declaration of War against Great Britain, June 18, 1812, c. 102, 2 Stat. 755. Declaration of War against Spain, Apr. 25, 1898, c. 189, 30 Stat. 364. Denatured Alcohol Act, June 7, 1906, c. 3047, 34 Stat. 217 (§§ 6132, 6136). Department of Agriculture Act, May 15, 1862, c. 72, ,” Stat. 387 (§§ 788, 793, 794, 815, 817, 818, 835). Department of Labor Act, Mch. 4, 1913, c. 141, 37 Stat. 736 (§§ 422, 525, 932-936, 940-942, 944, 945, 961, 962). - Departmental Supplies Acts, Jan. 27, 1894, c. 22, 28 Stat. 33. Apr. 21, 1894, c. 61, 28 Stat. 58, 62. Dependent Pension Act, May 9, 1900, c. 385, 31 Stat. 170 (§§ 8937, 8982). Deposits Regulation Act, June 23, 1836, c. 115, 5 Stat. 52. Depredation Act (Indians), Mch. 3, 1891, c. 538, 26 Stat. 851 (§ 1173). Desert Land Act, Mch. 3, 1877, c. 107, 19 Stat. 377 (§§ 4674–4678). Desert Land Act (Second Entries), Mch. 26, 1908, c. 103, 35 Stat. 48. Desertion Act (Navy and Marine Corps), Aug. 14, 1888, c. 890, 25 Stat. 442 (§§ 2954-2958). Dick Acts (Militia), Jan. 21, 1903, c. 196, 32 Stat. 775 (§§ 2042, 3049, 3052, 3053, 3073, 3075, 3076). May 27, 1908, c. 204, 35 Stat. 399 (§§ 3049, 3052). Dingley Act (Shipping), June 26, 1884, c. 121, 23 Stat. 53 (§§ 3176, 5472, 5563, 5653, 5669, 7469, 7707, 7759, 7803, 7812, 8028, 8221, 8287, 8301, 8309, 8323, 8350, 8362, 8369, 8371-8374, 8382, 10136). Dingley Act (Tariff) July 24, 1897, c. 11, 30 Stat. 151 (§§ 5669, 6147, 6204, 10271). - Direct Tax Act (Insurrectionary Districts), June 7, 1862, c. 98, 12 Stat. 422. Disability Pension Act, May 9, 1900, c. 385, 31 Stat. iT0 (§§ 8937, 8982). Disloyal Persons Payments Resolution, Mch. 2, 1867, Res. No. 46, 14 Stat. 571. TABLE OF ACTS CITED BY POPULAR. NAME \, [Page 1952] Distribution Act of 1841 (Public Lands Pro- ceeds), Sept. 4, 1841, c. 16, 5 Stat. 453 (§§ 4473 (1), 4505, 4874, 4875). District of Columbia Code, Mch. 3, 1901, c. 854, 31 Stat. 1189 (§§ 1227, 1228). District of Columbia Street Railway Act, May 23, 1908, c. 190, 35 Stat. 246. - Dockery Act (Accounting), July 31, 1894, 9. 174, 23 stat. 162, 205 (§§ 356, 388, 390, 402-404, 406, 408, 412, 413, 417, 420, 425, 427, 428, 433, 435-438, 443, 481, 486, 547, 703, 1499, 5380, 6616, 6624, 6632, 6894). - Donation Acts (Public Lands), Sept. 27, 1850, c. 76, 9 Stat. 496 (§§ 4435, 4439, 4441, 4821). Feb. 14, 1853, c. 69, 10 Stat. 158 (§ 4439). July 17, 1854, c. 84, 10 Stat. 305 (§§ 4435, 4439, 4482). - Drugs Act, June 30, 1906, c. 3915, 34 Stat. 768 (§§ 8717-8728). Edmunds Act (Polygamy), Mch. 22, 1882, c. 47, 22 Stat. 30 (§§ 1265, 3450, 10486-10488). Edmunds–Tucker Act (Polygamy), Mch. 3, 1887, c. 397, 24 Stat. 635 (§§ 1466, 1493, 10489-10492). Eight-Hour Laws, June 25, 1868, c. 72, 15 Stat. 77. Aug. 1, 1892, c. 352, 27 Stat. 340 (§§ 8918- 8920). Mch. 3, 1913, c. 106, 37 Stat. 726 (§§ 8918- 8920). Sept. 3, 5, 1916, c. 436, 39 Stat. 721 (§§ 8680a- 86806). Election Law, June 10, 1872, c. 415, 17 Stat. 347, 348. Elective Franchise Act (District of Columbia), Jan. 8, 1867, c. 6, 14 Stat. 375. Elective Franchise Act (Territories), Jan. 25, 1867, c. 15, 14 Stat. 379. Electoral Commission Act, Jan. 29, 1877, c. 37, 19 Stat. 227. Electoral Count Act, Feb. 3, 1887, c. 90, 24 Stat. 373 (§§ 203–205, 215-218). Electoral Count Resolution, Feb. 8, 1865, Res. No. 12, 13 Stat. 567. Electoral Votes Exclusion Resolution, July 20, 1868, Res. No. 58, 15 Stat. 257. Elkins Act (Interstate Commerce), Feb. 19, 1903, c. 708, 32 Stat. 847 (§§ 8597-8599). Emancipation Proclamation, Jan. 1, 1863, No. 17, 12 Stat. 1268. Embargo Acts, Mch. 26, 1794, Res. No. 2, 1 Stat. 400. Apr. 2, 1794, Res. No. 3, 1 Stat. 400. Apr. 18, 1794, Res. No. 4, 1 Stat. 401. May 7, 1794, Res. No. 5, 1 Stat. 401. Apr. 18, 1806, c. 29, 2 Stat. 379. Dec. 22, 1807, c. 5, 2 Stat. 451. Jan. 9, 1808, c. 8, 2 Stat. 453. Mch. 12, 1808, c. 33, 2 Stat. 473. Jan. 9, 1809, c. 5, 2 Stat. 506. Apr. 4, 1812, c. 49, 2 Stat. 700. Apr. 14, 1812, c. 56, 2 Stat. 707. Dec. 17, 1813, c. 1, 3 Stat. 88. Employers' Liability Acts (Railroads), June 11, 1906, c. 3073, 34 Stat. 232. Apr. 22, 1908, c. 149, 35 Stat. 65 (§§ 8657– 8665). Apr. 5, 1910, c. 143, 36 Stat. 291 (§§ 1010, 8662, 8665). Employés’ Compensation Act, May 30, 1908, c. 236, 35 Stat. 556. - - Employés’ Compensation Act, Sept. 7, 1916, c. 458, 39 Stat. 742 (§§ 89.32a–8932uu). - Enforcement Acts (Civil Rights), May 31, 1870, c. 114, 16 Stat. 140 (§§ 991, 1013, 1542, 1686, 3925, 3935-3941, 3943, 3966, 4241, 10183, 10184, 10311). Eleb. 28, 1871, c. 99, 16 Stat. 433 (§§ 24, 991, 1015, 1017, 1018, 1582). Apr. 20, 1871, c. 22, 17 Stat. 13 (§§ 991, 1252, 3932, 3933(1-3), 3934, 10141, 10170, 10185, 10306). Enforcement Act (Embargo), Jan. 9, 1809, c. 5, 2 Stat. 506. TEnforcement Act (Tariff), Mch. 2, 1833, c. 57, 4 Stat. 632 (§§ 991, 1015, 1017, 1018, 1279–1281, 1560, 6368, 10521, 10522). - Lnlarged Homestead Act, Feb. 11, 1913, c. 39, 37 Stat. 666 (§§ 4565, 4566, 4571, 4572). Enrolment Acts (Civil War), Mich. 3, 1863, c. 75, 12 Stat. 731 (§§ 1973, 2008, 2104, 2308a (19), (20), (25), (48), (55), (74), (82), (92), (93), (101), (115), 2966, 6941, 10206). - t ! . Feb. 24, 1864, c. 13, 13 Stat. 6. - July 4, 1864, c. 237, 13 Stat. 379 (§§ 1886, 2308a.(55) ). - Bpidemic Diseases Act, Mch. 27, 1890, c. 51, 26 Stat. 31 (§§ 91.76-91.78). Equal Rights Act (District of Columbia), 18, 1869, c. 3, 16 Stat. 3. Erdman Act (Labor Disputes), June 1, 1898, c. 370, 30 Stat. 424. Esch Bill (Hours of Service on Railroads), Mch. 4, 1907, c. 2939, 34 Stat. 1415 (§§ 8677–8680). Espionage Act, June 15, 1917, c. 30 (see § 10514a Where sections are listed). Evarts Act (Circuit Courts of Appeals), Mch. 3, 1891, c. 517, 26 Stat. 826 (§§ 1108, 1112, 1114, 1116, 1118, 1119, 1120, 1121, 1124, 1215-1218, 1236, 1376, 1409, 1410, 1646–1648, 1651, 1670). Expatriation Act, Mch. 2, 1907, c. 2534, 34 Stat. 1228 (§§ 3958-3964). Expediting Acts (Trusts and Interstate Com- merce), - - Fº sº 1903, c. 544, 32 Stat. 823 (§§ 8824, 825). Fº sº 1903, c. 708, 32 Stat. 847 (§§ 8597– 99). June 25, 1910, c. 428, 36 Stat. 854 ($ 8824). Explosives Transportation Act, May 30, 1908, c. 234, 35 Stat. 554 (§§ 10402–10405). Extradition Act, Mch. 3, 1869, c. 141, 15 Stat. 337 (§§ 10121-101.23). Mch. False Branding or Marking Act, July 1, 1902, c. 1357, 32 Stat. 632 (§§ 8729, 8730). Federal Farm Loan Act, July 17, 1916, c. 245, 39 Stat. 360 (§§ 9835a–9835Z). Federal Reserve Act, Dec. 23, 1913, c. 6, 38 Stat. 251 (§§ 495, 9681, 9689, 9691, 9694, 9714, 97.45, 9763, 9764, 9779, 9785-9805, 9832, 9833). Tederal Trade Commission Act, Sept. 26, 1914, c. 311, 38 Stat. 717 (§§ 8836a–8836k). Fencing Act (Public Lands), Feb. 25, 1885, c. 149, 23 Stat. 321 (§§ 991(21), 4997-5002). Fifteenth Amendment, Mch. 30, 1870, No. 10, 16 Stat. 1131. Filled Cheese Act, June 6, 1896, . c. 337, 29 Stat. 253 (§§ 5969, 5979, 6242-6257). Fine Arts Commission Act, May 17, 1910, c. 243, 36 Stat. 371 (§§ 3367, 3368). Five Civilized Tribes Act (Disposition of Af- fairs), Apr. 26, 1906, c. 1876, 34 Stat. 137. Food and Drug Act, June 30, 1906, c. 3915, 34 Stat. 768 (§§ 8717-8728). Food Conservation Acts, Aug. 10, 1917, CC. 52, 53, 40 Stat. 273, 276 (§§ 790a, 31.15%a-3115%r, 4574, 4704a, 8689a). Foraker Act (Porto Rico), Apr. 12, 1900, c. 191, 31 Stat. 77 (§§ 1215, 3747-3749, 3752-3760, 3762– 3774, 3776-3781, 3784, 3785, 3791, 3792, 3794-8796). Force Bill, May 31, 1870, c. 114, 16 Stat. 140 (§§ 991, 1013, 1542, 1686, 3925, 3935–3941, 3943, 3966, 4241, 10183, 10184, 10311). Forest Lieu Lands Act, June 4, 1897, c. 2, 30 Stat. 11, 36 (§§ 5123–5134). Forest Reserve Act (California), Oct. 1, 1890, c. 1263, 26 Stat. 650 (§§ 5209-5211). Forest Reserve Acts (General), Mch. 3, 1891, c. 561, 26 Stat. 1095, 1103 - (§§ 4530, 4531, 4535, 4559, 4589, 4677-4680, 4698, 4753, 4799, 4934-4937, 4992, 5018, 5079-5082, 5096a, 5113, 5114, 5116, 5121). - June 4, 1897, c. 2, 30 Stat. 11, 36 (§§ 5123- 5134). Forest Reserve Homestead Act, June 11, 1906, c. 3074, 34 Stat. 233 (§§ 5162, 5165, 5166, 5170). Forest Transfer Act, Feb. 1, 1905, c. 288, 33 Stat. 628 (§§ 823, 4947, 5093, 5142, 5152). Forfeiture Act (Railroad Land Grants), Sept. 29, 1890, c. 1040, 26 Stat. 496 (§§ 4905, 4906, 4908, 4913). Fort Hall Indian Reservation Act, June 6, 1900, c. 813, 31 Stat. 672. - Fourteenth Amendment, July 27, 1868, No. 12, 15 Stat. 708. - TABLE OF ACTS CITED BY POPULAR NAME [Page 1953] Free Coinage of Gold Act, Jan. 14, 1875, c. 15, 18 Stat. 296 ($$ 6470, 6471, 6542, 6543, 9720). Free Homestead Act, May 17, 1900, c. 479, 31 Stat. 179 (§ 5013). Freedman's Bureau Bills, Mch. 3, 1865, c. 90, 13 Stat. 507. July 16, 1866, c. 200, 14 Stat. 173. July 6, 1868, c. 135, 15 Stat. 83. French Spoliation Claims Act, Jan. 20, 1885, c. 25, 23 Stat. 283. - Frye Acts (Shipping), June 26, 1884, c. 121, 23 Stat. 53 (§§ 5472, 5563, 5653, 5669, 7469, 7707, 7759, 7812, 8028, 8221, 8287, 8301, 8309, 8323, 8362, 8369, 8371-8374, 8382, 10136). June 19, 1886, c. 421, 24 Stat. 79 (§§ 7730, 7757, 7812, 7829, 8027, 8096, 8125, 8138, 8173, 8292, 8323, 8363, 8369), Mch. 3, 1897, c. 389, 29 Stat. 687 (§§ 5516, 7734, 7953, 7956-7959, 7967, 7968, 8137, 8139, 8174, 8293, 8296, 8300, 8330, 8334, 8367, 10464). Fººve Slave Law, Sept. 18, 1850, c. 60, 9 Stat. 3176, 7803, 8350, 5670, 8126, 5494, 7978, 8331, Fugitive Slave Law Repeal, June 28, 1864, c. 166, 13 Stat. 200. * * Funding Act of 1790, Aug. 4, 1790, c. 34, 1 Stat. 138. - Funding Act of 1866, Apr. 12, 1866, c. 39, 14 Stat. 31 (§ 6561). Gay Act (Public Lands in Louisiana), Mch. 2, 1889, c. 395, 25 Stat. 877. Geary Act (Chinese Exclusion), May 5, 1892, c. 60, 27 Stat. 25 (§§ 4315–4323). General Allotment Act (Indians), Feb. 8, 1887, c. 119, 24 Stat. 388 (§§ 3951, 4195-4198, 42.01, 4203, 4204, 4206, 4208-4210). General I and Office Act, Apr. 25, 1812, c. 68, 2 Stat. 716 (§§ 669, 690, 698, 699, 700, 702-706, 1504). Gillespie-Tillman Resolution (Transportation of Coal and Oil), Mch. 7, 1906, Res. S, 34 Stat. 823. Glacier National Park Act, Aug. 22, 1914, c. 264, 38 Stat. 699 (§§ 5248a–5248l). Government Employers' Liability Act, May 30, 1908, c. 236, 35 Stat. 556. - Governor’s Appointment Proclamation (Alaba- ma), June 21, 1865, No. 43, 13 Stat. 767. Governor’s Appointment Proclamation (Florida), July 13, 1865, No. 47, 13 Stat. 771. Governor’s Appointment Proclamation (Georgia), June 17, 1865, No. 41, 13 Stat. 764. Governor’s Appointment Proclamation (Missis- sippi), June 13, 1865, No. 39, 13 Stat. 761. Governor’s Appointment Proclamation (North Carolina), May 29, 1865, No. 38, 13 Stat. 760. Governor’s Appointment Proclamation (South Carolina), June 30, 1865, No. 46, 13 Stat. 769. Governor's Appointment Proclamation (Texas), June 17, 1865, No. 42, 13 Stat. 765. Graduation Act of 1854 (Public Lands), Aug. 4, 1854, c. 244, 10 Stat. 574. Grain Inspection Act, Aug. 11, 1916, c. 313, 39 Stat. 482 (§§ 87.47% -8747.3%k). Grain Standards Act, Aug. 11, 1916, c. 313, 39 Stat. 482 (§§ 87.47% -8747%k). Habeas Corpus Act (Civil War), Mch. 3, 1863, c. 81, 12 Stat. 755 (§§ 1013, 1014, 1018). Hall-Mark Act, Feb. 21, 1905, c. 720, 33 Stat. 732 (§§ 8802-8804). Hall-Mark Act (Gold and Silver Articles), June 13, 1906, c. 3289, 34 Stat. 260 (§§ 8805–8811). Harrison Act (Anti-Narcotic Act), Dec. 17, 1914, c. 1, 38 Stat. 785 (§§ 6287g–6287Q). Harrison Act (Restrictions on Territories), July 30, 1886, c. 818, 24 Stat. 170 (§§ 3478, 3479, 3481-3483, 3486, 3487). Harter Act (Carriage of Goods by Sea), Feb. 13, 1893, c. 105, 27 Stat. 445 (§§ 8029–8035). - Hatch Act (Agricultural Experiment Stations), Mch. 2, 1887, c. 314, 24 Stat. 440 (§§ 8878, 8879, 8881-8887, 8889). Hawaiian Annexation Resolution, July 7, 1898, Res. No. 55, 30 Stat. 750. Hawaii Territorial Act, Apr. 30, 1900, c. : 339, 31 Stat. 141 (§§ 952, 1215, 1223, 3644-3735, 3739, 4336, 4361, 5845). COMP.ST.’18—123 Hepburn Act (Interstate Commerce), June 29, 1906, c. 3591, 34 Stat. 584 (§§ 8563, 8569, 8579, 8582-8585, 8592, 8596, 8597, 8604a, 8604a.a. Heyburn Act (Pure Food and Drugs), June 30, 1906, c. 3915, 34 Stat. 768 (§§ 8717-872S). Homestead Act, May 20, 1862, c. 75, 12 Stat. 392 (§§ 4473 (3), 4476, 4530, 4531, 4550-4552, 4557, 4588, 4589). FIomestead Act (Second Entries), Feb. 8, 1908, c. 19, 35 Stat. 6. Hours of Service Act (Public Works), June 25, 1868, c. 72, 15 Stat. 77. Hours of Service Act (Public Works), Aug. 1, 1892, c. 352, 27 Stat. 340 (§§ 8918-8920). Hours of Service Act (Public Works), June 19, 1912, c. 174, 37 Stat. 137 (§§ 8921, 8922). Hours of Service Act (Public Works), Mch. 3, 1913, c. 106, 37 Stat. 726 (§§ 8918–8920). - Hours of Service Act (Railroads), Mch. 4, 1907, c. 2939, 34 Stat. 1415 (§§ 8677-8680). Irnmediate Transportation Act, June 10, 1880, c. 190, 21 Stat. 173 (§§ 5542, 5667, 5695-5698, 5700, 5702, 5704). In migration Act of 1864, July 4, 1864, c. 246, 13 Stat. 385. Innnnigration Act of 1882, Aug. 2, 1882, c. 374, 22 Stat. 186 (§§ 7997, 7999-8006, 8011-8015). Immigration Act of 1891, Mch. 3, 1891, c. 551, 26 Stat. 1084 ($ 954). Inmigration Act of 1903, Mch. 3, 1903, c. 1012, 32 Stat. 1213 (§ 3391). Immigration Act of 1907, Feb. 20, 1907, c. 1134, 34 Stat. 898 (§§ 959, 960, 4242, 4244, 4247, 4248, 4250–4256, 4258, 4260-4263, 4265, 4267-4270, 4272– 4277, 4279-4282, 4284-4289). Immigration Act of 1917, Feb. 5, 1917, c. 29, 39 Stat. 874 (§§ 959, 960, 4289%a,-4289%u). Innnnigration Commission Act, Feb. 20, 1907, c. 1134, 34 Stat. 909. - Inmunity Acts (Trusts and Interstate Com- merce), Feb. 11, 1893, c. 83, 27 Stat. 443 (§ 8577). June 30, 1906, c. 39.20, 34 Stat. 798 ($ 8580). Inpure Tea, Innportation Act, Mch. 2, 1897, c. 358, 29 Stat. 604 (§§ 8786-8796). Income Tax Act, Aug. 27, 1894, c. 349, 28 Stat. 509. - s Income Tax Act, Oct. 3, 1913, c. 16, 38 Stat. 114. Income Tax Act, Sept. 8, 1916, c. 463, 39 Stat. 756 (§§ 5887, 5895, 5896, 5899, 5948, 6336a-6336x). Income Tax Amendment Resolution, July 31, 1909, Res. No. 40, 36 Stat. 184. Indemnity Act (President's Orders and Procla- mations, Civil War), Mch. 2, 1867, c. 155, 14 Stat. 432. Indemnity Act (State War Expenses, Civil War), July 27, 1861, c. 21, 12 Stat. 276. Independent Treasury Act, Aug. 6, 1846, c. 90, 9 Stat. 59 (§§ 1500, 6379, 6578, 6582, 6584, 6586- . 6590, 6604, 6605, 6638, 6639, 6641–6644, 6653– 6657, 10257-10263). Indian Depredation Act, Mch. 3, 1891, c. 538, 26 Stat. 851 (§ 1173). Indian General Allotment Act, Feb. 8, 1887, c. 119, 24 Stat. 388 (§§ 3951, 4195-419.8, 4201, 4203, 4204, 4206, 4208-4210). Indian Onnibus Law, May 29, 1908, c. 216, 35 Stat. 444 (§ 4224). Industrial Relations Commission Act, Aug. 23, 1912, c. 351, 37 Stat. 415 (§§ 8913-8917). Insecticide Act, April 26, 1910, c. 191, 36 Stat. 331 (§§ 8765–8777). Insurrection Ended Proclamation, Apr. 2, 1866, No. 1, 14 Stat. 811. • Intercourse Act (Indian Tribes), June 30, 1834, c. 161, 4 Stat. 729 (§§ 4095-4097, 4100, 4107, 4108, 4116-4118, 4129-4132, 4135, 4144, 4148, 4150, 4153- 41.55, 4157-4160). Intercourse Act (InSurrectionary States), July 2, 1864, c. 225, 13 Stat. 375 (§§ 10144-101.46, 10148, 10149, 10152, T0155). Internal Revenue Act, Oct. 22, 1914, c. 331, 38 Stat. 745 (§§ 6111, 6112, 6114, 61.14f, 61.15, 6118, 6119, 6122). International Rules (Collisions at Sea), Aug. 19, 1890, c. 802, 26 Stat. 320 (§§ 7834–7844, 7847- 7871). TABLE OF ACTS CITED BY POPULAR NAME) [Page International Waterways Act, June 13, 1902, c. 1079, 32 Stat. 331, 373 (§§ 9857, 9861–9863, 9882, 9897, 9903, 9925, 9972, 99.84, 9988, 99.89). Interstate 'Commerce Acts, Feb. 4, 1887, c. 104, 24 Stat. 379 (§§ 8563-8567, 8569, 8571-8576, 8581–8587, 8590-8592, 8594– 8596, 8604a, 8604aa). Mich. 2, 1889, c. 382, 25 Stat. 855 (§§ 8569, 8574, 8576, 8582, 8584, 8586, 8587, 8593-8595). Feb. 10, 1891, c. 128, 26 Stat. 743 (§ 8576). Feb. 19, 1903, c. 708, 32 Stat. 847 (§§ 8597- 8599). June 29, 1906, c. 3591, 34 Stat. 584 (§§ 8563, 8569, 8579, 8582–8585, 8592, 8596, 8597, 8604a, 8604a.a.). June 18, 1910, c. 309, 36 Stat. 539 (§§ 993, 996, 997, 999, 1004-1006, 1110, 1243, 8563, 8566, 8569, 8574, 8581, 8583, 8584, 8592, 8600- 8602). - Invalid Pension Act, June 27, 1890, c. 634, 26 Stat, 182 (§§ 8937, 8938, 8982, 8992). Invalid Pension Act (Amendment), May 9, 1900, c. 385, 31 Stat. 170 (§§ 8937, 8982). Irrigation Acts, Mch. 3, 1891, c. 561, 26 Stat. 1095 (§§ 4530, 4531, 4535, 4559, 4589, 4677–4680, 4698, 4753, 4799, 4934-4937, 4992, 5018, 5079-5082, 50.96a, 5113, 5114, 5116, 51.21). June 17, 1902, c. 1093, 32 Stat. 388 (§§ 4700- 4708). Irrigation Investigation Act, Oct. 2, 1888, c. 1069, 25 Stat. 526 (§ 4696). Isthmian Canal Act, June 28, 1902, c. 1302, 32 Stat. 481 (§§ 6826, 10031). Jewelers’ Liability Act (Gold and Silver Arti- cles), June 13, 1906, c. 3289, 34 Stat. 260 (§§ 8805–8811). Judicial Code, Act Mch. 3, 1911, c. 231, 36 Stat. 1087. See Chronological Table of Laws. Judiciary Act of 1789, Sept. 24, 1789, c. 20, 1 Stat. 73. See Chronological Table of Tlaws. Judiciary Act of 1875, Mch. 3, 1875, c. 137, 18 Stat. 470 (§§ 991(1), (2), 1010-1012, 1018–1021, 1033, 1039). Judiciary Act of 1887, Mch. 3, 1887, c. 373, 24 Stat. 552 (§§ 991(1), (2), 1010–1012, 1019, 1033, 1047-1049). - Judiciary Act of 1888, Aug. 13, 1888, c. 866, 25 Stat. 433 (§§ 991(1), (2), 1010-1012, 1019, 1033, 1047-1049). June Act (Pensions), June 27, 1890, c. 634, 26 Stat. 182 (§§ 8937, 8938, 8982, 8992). Eansas-Nebraska. Act, May 30, 1854, c. 59, 10 Stat. 277. Raw Act (Indians), July 1, 1902, c. 1361, 32 Stat. 636. Rinkaid Act (Homestead Entries in Nebraska), Apr. 28, 1904, c. 1801, 33 Stat. 547 (§§ 4576-4578). Ku Klux Act, Feb. 28, 1871, c. 99, 16 Stat. 433. rººf Day Act, June 28, 1894, c. 118, 28 Stat. 96 (§ 3246). Lacey Act (Game), May 25, 1900, c. 553, 31 Stat. 187 (§§ 821, 8708, 10411–10414). La Follette Hours of Labor Act (Railroads), Mch. 4, 1907, c. 2939, 34 Stat. 1415 (§§ 8677- 8680). La Follette Act (Seamen), Meh. 4, 1915, c. 153, 38 Stat. 1164 (§§ 7734, 7978a, 8225, 8.258, 8306, 8320, 8322, 8323, 8325a, 8337a, 8348, 8363a, 8363b, 8372, 8380, 8382–8382c, 8391, 8392a). Legal Tender Acts, Reb. 25, 1862, c. 33, 12 Stat. 345 (§§ 5710, 6379, 6541, 6557, 6575, 6576, 6655, 6799 (13), 6810 (3), 6816). July 11, 1862, c. 142, 12 Stat. 532 (§§ 6379, 6541, 6551, 6557, 6575, 6655). Mch. 3, 1863, c. 72, 12 Stat. 709. Leprosy Act, Mch. 3, 1905, c. 1443, 33 Stat. 1009 (§§ 9183-9187). g I, ever Act. A ug. 10, 1917, c. 53. 40 Stat. 276 (§§ 31.15% e—31.15%rr, 4574, 4704a, 8689a). Liberty Bond Act (First) April 24, 1917, c. 4, 40 Stat. 35 (§§ 6829ee-6829ii/%). Liberty Bond Act (Second), Sept. 24, 1917, c. 56, 40 Stat. 288 (§§ 6829ii-6829pp.). Liberty Bond Act (Third), Apr. 4, 1918, c. 44 (§ 6829q). 1954] - Liens on Vessels Act, June 23, 1910, c. 372, 36 Stat. 604 (§§ 7783-7787). Lieu Lands Act (Forest Reservations), June 4, 1897, c. 2, 30 Stat. 11, 36 (§§ 5123-5134). Lieu Lands Act (Indian Reservations), Apr. 21, 1904, c. 1402, 33 Stat. 189, 211 (§ 4527). Lieu Lands Act (Northern Pacific Railroad), July 1, 1898, c. 546, 30 Stat. 597, 620. Life-Saving Service Act, Mch. 26, 1908, c. 99, 35 Stat. 46 (§§ 8526, 8529, 8530, 8538, 8543). Limited Liability Act, Mch. 3, 1851, c. 43, 9 Stat. 635 (§§ 8020-8027). § Tive Stock Contagious Diseases Acts, Feb. 2, 1903, c. 349, 32 Stat. 791 (§§ 8698– 8700). Mch. 3, 1905, c. 1496, 33 Stat. 1264 (§§ 8701- 8705, 10230). Live Stock Transportation Act, June 29, 1906, c. 3594, 34 Stat. 607 (§§ 8651-8654). Locomotive Boiler Act, Feb. 17, 1911, c. 103, 36 Stat. 913 (§§ 8630-8639), T.O.comotive Boiler Act, Mch. 4, 1915, c. 169, 38 Stat. 1192 (§§ 8639a–86396). Todge Act (Consular Reorganization), Apr. 5, 1906, c. 1366, 34 Stat. 99 (§§ 3138, 3140-3142, 3151, 3152, 3185-3188). Lodge Act (Philippine Organic Act), July 1, 1902, c. 1369, 32 Stat. 691 (§§ 345; 1225a, 3804, 3808, 3821, 3823–3883, 3885-3892, 3905, 6581). Logan Act (Foreign Relations), Jan. 30, 1799, c. 1, 1 Stat. 613 (§ 10169). Longevity Pay Act, Mch. 3, 1883, c. 97, 22 Stat. 472, 473 (§ 2616). Lost Property Act (Military Service), Mch. 3, 1885, c. 335, 23 Stat. 350 (§ 6403). McCreary Act (Chinese Exclusion), 1893, c. 14, 28 Stat. 7 (§§ 4320, 4324). McCumber Act (Pensions), Feb. 6, 1907, c. 468, 34 Stat. 879 (§§ 8964–8966). McKinley Act (Tariff), Oct. 1, 1890, c. 1244, 26 Stat. 567 (§§ 5960, 6111, 6112, 61.14, 6115–6118, 6165, 6170, 6174, 6177, 6188, 6.190, 6197, 61.99, 6202, 6339). Manderson Act (Printing and Binding), Jan. 12, 1895, c. 23, 28 Stat. 601. See Chronological Table of Laws. Mann Act, June 25, 1910, c. 395, 36 Stat. 825 (§§ 8812-8819). * Mann-Elkins Act, June 18, 1910, c. 309, 36 Stat. 544 (§§ 993, 996, 997, 999, 1004-1006, 1110, 1243, 8563, 8566, 8569, 8574, 8581, 8583, 8584, 8592, 8600–8602). - Married Women’s Rights Act (District of Colum- bia), June 1, 1896, c. 303, 29 Stat. 193. Meat Inspection Acts, Aug. 30, 1890, c. 839, 26 Stat. 414 (§§ 5319, 8683, 8684, 8686–8689, 8731). June 30, 1906, c. 3913, 34 Stat. 669, 674 (§ 8682). - 4, 1907, c. 2907, 34 Stat. 1256, 1260 ($ 8681). Mechanics' Lien Acts (Public Works), Aug. 13, 1894, c. 280, 28 Stat. 278 ($ 6923). Feb. 24, 1905, c. 778, 33 Stat. 811 (§ 6923). Medals of Honor Act (Railroads), Feb. 23, 1905, c. 744, 33 Stat. 743 (§§ 8648–8650). - Metric System Act, July 28, 1866, c. 301, 14 Stat. 339 (§§ 8898, 8899). Mexican War Act, May 13, 1846, c. 16, 9 Stat. 9 (§ 9034). Militia. Acts, July 29, 1861, c. 25, 12 Stat. 281 (§§ 2308a.(3), 10140, iO142). July 17, 1862, c. 201, 12 Stat. 597 (§§ 2308a. (35), (48), (50)). Jan. 21, 1903, c. 196, 32 Stat. 775 (§§ 2042, 3049, 3052, 3053, 3073, 3075, 3076). May 27, 1908, c. 204, 35 Stat. 399 (§§ 3049, 3052). Mineral Land Free Timber Act, June 3, 1878, c. 150, 20 Stat. 88 (§§ 4989-4991). Miner's Labor Lien Act (Alaska), June 25, 1910, c. 422, 36 Stat. 848 (§§ 5059–5069). Missouri Enabling Act (Missouri Compromise), Mch. 6, 1820, c. 22, 3 Stat. 545. - . Missouri Enabling Act (Missouri Compromise), Mch. 3, 1821, c. 53, 3 Stat. 645. Moiety Act (Informers), June 22, 1874, c. 391, 18 Stat. 186 (§§ 1713, 5525, 5683, 5684, 57.14, 5796- 5804, 10132-10134). Nov. 3, TABLE OF ACTS CITED BY POPULAR NAME) IPage 1955] Moratorium Act (same as Soldiers' and Sailors' Civil Relief Act). - - Morrill Acts (Agricultural Colleges), July 2, 1862, c. 130, 12 Stat. 503 (§§ 4473(5), 4476, 8870). Mch. 3, 1883, c. 102, 22 Stat. 484 ($ 8870). *:::..." 1890, c. 841, 26 Stat. 417 (§§ 8871- Morrill Act (Tariff), Mch. 2, 1861, c. 68, 12 Stat. 178 (§§ 879, 5604, 5606, 5636, 57.25). Morris Act (Chippewa, Indians of Minnesota), June 27, 1902, c. 1157, 32 Stat. 400. Morrison Act (Tariff), Mch. 3, 1883, c. 121, 22 Stat. 488 (§§ 6172, 6174). Mother's Day Act, May 8, 1914, Res. No. 13, 38 Stat. 770 (§§ 6939a, 6939b). Motor Boat Regulations Act, June 9, 1910, c. 268, 36 Stat. 462 (§§ 8277-8281, 8283-8286). National Bank Acts, Apr. 10, 1816, c. 44, 3 Stat. 266. June 3, 1864, c. 106, 13 Stat. 99. Ological Table of Laws. National Banks Extension Act, July 12, 1882, c. 290, 22 Stat. 162 (§§ 6566, 9665–9672, 9708, 9709, 9771). National Defense Act, June 3, 1916, c. 134, 39 Stat. 166. See Chronological Table of Laws. National Irrigation Act, June 17, 1902, c. 1093, 32 Stat. 388 (§§ 4700-4708). National Loan Acts (Civil War), July 17, 1861, c. 5, 12 Stat. 259 (§§ 6379, 6576). Aug. 5, 1861, c. 46, 12 Stat. 313 (§ 6379). National Monument Act (Preservation of Antiq- uities), June 8, 1906, c. 3060, 34 Stat. 225 (§§ 5278-5281). National Soldiers’ Home Act, Mch. 21, 1866, c. 21, 14 Stat. 10 (§§ 9238, 9.239, 9241, 9242, 9245, 9251, 9256, 9260. 9269, 9270, 9279, 92.82). Naturalization Act of 1798, June 18, 1798, c. 54, 1 Stat. 566. Naturalization Act of 1870, July 14, 1870, c. 254, 16 Stat. 254 (§§ 4358, 10244-10249, 10506). Naturalization Act of 1906, June 29, . 1906, c. 3592, 34 Stat. 596 (§§ 963, 4351-4354, 4363, 4364, 4366, 4368-4383, 10242, 10243, 10245). Naval Militia. Act, Feb, 16, 1914, c. 21, 38 Stat. 283 (§§ 3078a.(1), (4), (13), (14), (19)-(24), (28), (30) - (38), (57), 3078b(6)). Navigation Act, May 28, 1908, c. 212, 35 Stat. 424 (§§ 5489, 7761, 7808, 7969, 7970, 8168, 8178– 8181, 8200, 8237, 8238, 9.935). Navy Act, Aug. 29, 1916, c. 417, 39 Stat. 556. Chronological Table of Laws. Navy Personnel Act, Mch. 3, 1899, c. 413, 30 Stat. 1004 (§§ 2476-2482, 2550, 2556, 2557, 2564, 2576, 2636, 2641, 2658, 2666, 2667, 2671, 2674, 2688, 2708, 2807, 2818, 2861, 2901, 2903, 2905, 2906, 2908, 8396). - Navy Reorganization Act, Mch. 3, 1915, c. 83, 38 Stat. 928 (§§ 621a, 621b, 2471a, 2537a-2537e, 2551a, 2580a, 2606a, 2637a, 2659a, 2715a, 2789, 2823, 28.706, 2887a, 29.18a, 2929a, 3115i, 3115.j, 6762C, 6762d, 8986a). Navy-Yard Tracks Act, May 27, 1908, c. 203, 35 Stat. 397. Nebraska-Ransas Act, May 30, 1854, c. 59, 10 Stat. 277. Nelson Act (Alaska, Roads, Schools and Insane), Jan. 27, 1905, c. 277, 33 Stat. 616 (§§ 3592, 3594, 3603-3607, 3610). - Nelson Act (Bankruptcy Act of 1898), July 1, 1898, c. 541, 30 Stat. 544 (§§ 991(19), 1122, 1229, 9585-9656). Nelson Act (Chippewa, Indians of Minnesota), Jan. 14, 1889, c. 24, 25 Stat. 642. Nelson Act (Criminal Appeals Act), Mch. 2, 1907, c. 2564, 34 Stat. 1246 (§ 1704). Nelson Act (Department of Commerce and La- bor), Feb. 14, 1903, c. 552, 32 Stat. 825 (§§ 292, 421, 853, 854, 856–861, 867, 875). Nelson Amendment (Agricultural Colleges), Mch. 4, 1907, c. 2907, 34 Stat. 1256, 1281 (§ 8877). Neutrality Proclamation, Apr. 22, 1793, No. 3, 11 Stat. 753. Newlands Act (Irrigation), June 17, 1902, c. 1093, 32 Stat. 388 (§§ 4700-4708). See Chron- See Newlands Resolution (Annexation of Hawaii), July 7, 1898, Res. No. 55, 30 Stat. 750. Nine Hour Law (Railroads), Mch. 4, 1907, c. 2939, 34 Stat. 1415 (§§ 8677–8680). Non-Intercourse Act (Foreign Relations), Mch. 1, 1809, c. 24, 2 Stat. 528. Northern Pacific Adjustment Act, July 1, 1898, c. 546, 30 Stat. 597, 620. Nursery Stock Quarantine Act, Aug. 20, 1912, C. 308, 37 Stat. 315 (§§ 8752-8758, 8.760-8764). Oath of Office Acts, July 2, 1862, c. 128, 12 Stat. 502 (§ 3223). July 11, 1868, c. 139, 15 Stat. 85 (§ 3218). Ocean Mail Acts, Mch. 3, 1891, c. 519, 26 Stat. 830 (§§ 7530- 7538). - May 10, 1892, c. 63, 27 Stat. 27 (§§ 7710-7714). Oil Pipe Line Act, May 21, 1896, c. 212, 29 Stat. 127. (§§ 4949-4952). Old Age Pension Act, May 11, 1912, c. 123, 37 Stat. 112 (§§ 3968–8972). Oleomargarine Acts, Aug. 2, 1886, c. 840, 24 Stat. 209 (§§ 5967, 5977, 6215–6232). May 9, 1902, c. 784, 32 Stat. 193 (§§ 5968, 5977, 5978, 6220, 6233-6239, 6241, 8740). Omnibus Bills of 1850, Sept. 9, 1850, c. 49, 9 Stat. 446. Sept. 9, 1850, c. 50, 9 Stat. 452. Sept. 9, 1850, c. 51, 9 Stat. 453. Sept. 18, 1850, c. 60, 9 Stat. 462. Sept. 20, 1850, c. 62, 9 Stat. 467. Omnibus Bill (Statehood), Feb. 22, 1889, c. 180, 25 Stat. 676. Opium Act, Jan. 17, 1914, c. 9, 38 Stat. 275 (§§ 8800-8801f). Opium Act, Jan. 17, 1914, c. 10, 38 Stat. 277 (§§ 6287a-6287f.). w Opium Act, Dec. 17, 1914, c. 1, 38 Stat. 785 (§§ 6287g-6287Q). Original Packages Act (Intoxicating Liquors), Aug. 8, 1890, c. 728, 26 Stat. 313 (§ 8738). Osage Act (Indians), June 28, 1906, c. 3572, 34 Stat. 539. Overman Act, May 20, 1918, c. 78 (§§ 283a–283f). Panama, Canal Acts, June 28, 1902, c. 1302, 32 Stat. 481 (§§ 6826, 10031). Aug. 24, 1912, c. 390, 37 Stat. 560 (§§ 7709, 8567-8570, 8836, 10037-100.45, 10047-10049). Parity Act (Coinage), Mch. 14, 1900, c. 41, 31 Stat. 45 (§§ 477, 6480-6487, 6567, 6825, 96.75, 97.09, 9713). Parole Act, June 25, 1910, c. 387, 36 Stat. 819 (§§ 10535–10544). Passenger Act of 1882 (Carriage by Sea), Aug. 2, 1882, c. 374, 22 Stat. 186 (§§ 7997, 7999–8006, 8011–8015). Payne-Aldrich Act (Tariff), Aug. 5, 1909, c. 6, 36 Stat. 11 (§§ 519, 1179–1190, 5593, 6169, 61' 4, 6175, 6202, 6204, 6824, 6828, 7811, 7812). Pelagic Sealing Act, Aug. 24, 1912, c. 373, 37 Stat. 499 (§§ 8838–8849). Penal Code, Mch. 4, 1909, c. 321, 35 Stat. 1088 (§§ 1009, 10165-10209, 10213–10226, 10228-10269, 10271-10278, 10280-10415, 10419-10495, 10497- 10519). - Penal Code Amendment Act, June 25, 1910, c. 431, § 6, 36 Stat. 857 (§§ 10217, 10220). Pendleton Act (Civil Service), Jan. 16, 1883, C. 27, 22 Stat. 403 (§§ 3271, 3272, 3274-3278, 3280– 3282, 10288–10292). Benitentiary Act, Mch. 2, 1831, c. 37, 4 Stat. 448. Pension Act, July 14, 1862, c. 166, 12 Stat. 566. Peonage Abolition Act, Mch. 2, 1867, c. 187, 14 Stat. 546 (§§ 3944, 3945, 10442, 10443). Pernianent Census Act, Mch. 6, 1902, c. 139, 32 Stait. 51 (§§ 909-911, 913, 914, 4389-4391, 4403, 4414). Philippine Government Acts, Mch. 2, 1901, c. 803, 31 Stat. 895, 910 (§§ 431, 2107, 2160, 2163, 2170, 6852, 7679). July 1, 1902, c. 1369, 32 Stat. 691 (§§ 345, 1225a, 3804, 3808, 3821, 3823–3883, 3885-3892, 3905, 6581). TABLE OF ACTS CITED BY POPULAR NAME [Page 1956I º - Philippine Tariff Acts, - Mch. 8, 1902, c. 140, 32 Stat. 54 (§§ 3811, B534, 5674, 5675, 6338). Mch. 3, 1905, c. 1408, 33 Stat. 928. Feb. 26, 1906, c. 509, 34 Stat. 24. Aug. 5, 1909, c. 6, 36 Stat. 84 (§§ 519, 1179- 1190, 5593, 6169, 6174, 6175, 6202, 6204, 6824, 6828, 7811, 7812). Physical Valuation of Property Act, Mch. 1, 1913, c. 92, 37 Stat. 701 ($ 8591). Pickett Act, June 25, 1910, c. 421, 36 Stat. 847 (§§ 4523-4525.) Plant Quarantine Act, Aug. 20, 1912, c. 308, 37 Stat. 315 (§§ 8752-8758, 8.760-8764). Platt Amendment (Cuba), Mch. 2, 1901, c. 803, 31 Stat. 895, 897 (§ 7679). Political Disabilities Removal Act, May 22, 1872, c. 193, 17 Stat. 142. Porto Rico Civil Code, Apr. 12, 1900, c. 191, 31 Stat. 77 (§§ 1215, 3747-3749, 3752-3760, 3762– 3774, 3776–3781, 3784, 3785, 3791, 3792, 3794- 3796). Posse Comitatus Act (Use of Army), June 18, 1878, c. 263, sec. 15, 20 Stat. 145, 152 (§ 1992). Post-Roads Act, Mch. 3, 1877, c. 103, 19 Stat. 319 (§§ 582-584, 7369, 7370, 10397). Postal Savings Depositaries Act, June 25, 1910, c. 386, 36 Stat. 814 (§§ 7580-7587, 7589-7596). Preparedness Act, June 3, 1916, c. 134, 39 Stat. 166. See Chronological Table of Laws. IPresidential Succession Act, Jan. 19, 1886, c. 4, 24 Stat. 1 (§§ 219, 220). Printing and Binding Act, Jan. 12, 1895, c. 23, 28 Stat. 601. See Chronological Table of Laws. Process Act, May 8, 1792, c. 36, 1 Stat. 275 (§§ 987, 1198, 1330, 1463, 1534, 1536, 1573, 1615, 1616, 1663). Provisional Governments Resolution (Virginia, Texas, Mississippi), Feb. 18, 1869, Res. No. 8, 15 Stat. 344. Public Credit Act, Mch. 18, 1869, c. 1, 16 Stat. 1 (§ 6809). Public Health and Marine-Hospital Service Act, July 1, 1902, c. 1370, 32 Stat. 712 (§§ 9134- 9136, 91.41, 9143, 9144, 9146–9148). Public Health Service Act, Aug. 14, 1912, c. 288, 37 Stat. 309 (§§ 912.8, 9129). - Public Works Act (Bonds of Contractors), Aug. 13, 1894, c. 280, 28 Stat. 278 ($ 6923). Feb. 24, 1905, c. 778, 33 Stat. 811 (§ 6923). Publicity of Political Contributions Act, June 25, 1910, c. 392, 36 Stat. 822 (§§ 188–198). Puré Food and Drugs Act, June 30, 1906, c. 3915, 34 Stat. 768 (§§ 8717-8728). Quarantine Act of 1893, Feb. 15, 1893, c. 114, 27 Stat. 449 (§§ 9156–9166). Quarantine Act of 1906, June 19, 1906, c. 3433, 34 Stat. 299 (§§ 91.67–9172). Radio-communications Act, June 24, 1910, c. 379, 36 Stat. 629 (§§ 8262-8265). Radio-communications Act, Aug. 13, 1912, C. 287, 37 Stat. 302 (§§ 10100-10109). - Railroad and Telegraph Seizure Act (Civil War), Jan. 31, 1862, c. 15, 12 Stat. 334 (§ 322.) Railroad Land Grant Forfeiture Act, Sept 29, ; c. 1040, 26 Stat. 496 (§§ 4905, 4906, 4908, Railroad Rate Act, June 29, 1906, c. 3591, 34 Stat. 584 (§§ 8563, 8569, 8579, 8582–8585, 3592, 8596, 8597, 8604a, 8604aa). Railroad Right of Way Acts, Mch. 3, 1875, c. 152, 18 Stat. 482 (§§ 4921- 4926). *: 1899, c. 374, 30 Stat. 990 (§§ 4181- Rate Bill, June 29, 1906, c. 3591, 34 Stat. 584 (§§ 8563, 8569, 8579, 8582-8585, 8592, 8596, $597, 8604a, 8604a.a.). Reapportionment Act of 1901, Jan. 16, 1901, c. 92, 31 Stat. 733. Rebel Correspondence Act (Civil War), Feb. 25, 1863, c. 60, 12 Stat. 696. w Reciprocal Trade Relations Act, July 26, 1911, C. 3, 37 Stat. 4 (§ 5326). Reclamation Act (Irrigation of Arid Lands), § 17, 1902, c. 1093, 32 Stat. 388 (§§ 4700- Reclamation Act, Feb. 2, 1911, c. 32, 36 Stat. 895 (§§ 4746–4748). Reclamation Act, Feb. 24, 1911, c. 155, 36 Stat. 930 (§ 4719). "Reclamation Act, Aug. 686 (§§ 4713a,-4714f). Reclamation Fund Act, June 25, 1910, c. 407, 36 Stat. 835 (§§ 4710-4714). Reconstruction Acts, July 19, 1867, c. 30, 15 Stat. 14. Mch. 2, 1867, c. 152, 14 Stat. 428. Mich. 11, 1868, c. 25, 15 Stat. 41. Mich. 23, 1867, c. 6, 15 Stat. 2. Dec. 22, 1869, c. 3, 16 Stat. 59. Reconstruction Proclamation, July 8, No. 18, 1864, 13 Stat. 744. Redemption and Bank Note Act, July 12, 1870, c. 252, 16 Stat. 251 (§§ 9724, 97.26, 9757). Reed Amendment, Mich. 3, 1917, c. 162, 39 Stat. 1069 (§§ 8739a, 10387a-10387c). Refunding Act of 1870, July 14, 1870, c. 256, 16 Stat. 272 (§§ 6798, 6799(12), 6811, 6812, 6816). Refunding Act of 1871, Jan. 20, 1871, c. 23, 16 Stat. 399 (§ 6799(12)). Removal of Causes Act, Aug. 13, 1888, c. 866, 25 Stat. 433 (§§ 991(1), (2), 1010-1012, 1019, 1033, 1047-1049). Representatives Election Act, July 14, 1862, c. 170, 12 Stat. 572. Restoration Acts (Representation in Congress), June 22, 1868, c. 69, 15 Stat. 72. June 25, 1868, c. 69, 15 Stat. 73. & Jan. 26, 1870, c. 10, 16 Stat. 62. - July 15, 1870, c. 298, 16 Stat. 363. Restraint ºf Trade Act, July 2, 1890, c. 647, 26 Stat. 209 (§§ 8820–8823, 8827-8830). Restrictions Removal Act (Oklahoma), May 27, 1908, c. 199, 35 Stat. 312. Resumption Act (Currency), Jan. 14, 1875, c. 15, 18 Stat. 296 (§§ 6470, 6471,86542, 6543, 9720). Revision of Statutes Acts, June 27, 1866, c. 140, 14 Stat. 74. Mch. 3, 1901, c. 853, 31 Stat. 1181. Rocky Mountain National Park Act, Jan. 26, 1915, c. 19, 38 Stat. 798 (§§ 5249a–5249 d). Rule of the Road at Sea, Aug. 19, 1890, c. 802, 26 Stat. 320 (§§ 7834–7844, 7847–7871). 13, 1914, c. 247, 38 Stat. Safety Appliance Acts (Interstate Commerce), Mch. 2, 1893, c. 196, 27 Stat. 531 (§§ 8605– 8612). Mch. 2, 1903, c. 976, 32 Stat. 943 (§§ 8613– 8615). Apr. 14, 1910, c. 160, 36 Stat. 298 (§§ 8617- 8619, 8621-8623). Salary Grab Act, Mch. 3, 1873, c. 226, 17 Stat. 485 (§§ 34, 38, 40, 47, 58, 59, 60, 61, 223, 226, 234, 258, 288, 290, 350, 369, 416, 521, 568, 572, 614, 666, 669, 690, 727, 793, 1194, 3406, 3409, 3417, 6402, 6591, 6593, 6595-6601, 10055, 10060, 10068, 10069). Saline Act (Public Lands), Jan. 31, 1901, c. 186, 31 Stat. 745 (§ 4641). Salmon Fisheries Act, June 26, 1906, c. 3547, 34 Stat. 480 (§§ 3628–3638, 3641–3643). Salvage Act, Aug. 1, 1912, c. 268, 37 Stat. 242 (§§ 7990–7994). San Domingo Resolution, Jan. 12, 1871, Res. No. 7, 16 Stat. 591. i Seal Fisheries Act, Apr. 21, 1910, c. 183, 36 Stat. 326 (§§ S850, 8853-8858, 8865). Seamen’s Act, Mch. 4, 1915, c. 153, 38 Stat. 1164 (§§ 7734, 7978a, 8225, 8258, 8306, 8320, 8322, 8323, 8325a, 8337a, 8348, 83632, 8363b, 8372, 8380, 8382- 8382c, 8391, 8392a). Sedition Act, July 14, 1798, c. 73, 1 Stat. 596. Sedition Act of 1918, May 16, 1918, c. 75 (§§ 10212c, 10212cc, 10401d). Selective Draft Act, May 18, 1917, c. 15, 40 Stat. 76 (§§ 2019a, 2019b, 2044a–2044k). Seminole Original Agreement, July 1, 1898, c. 542, 30 Stat. 567. - Seminole Supplemental Agreement, June 2, 1900, C. 610, 31 Stat. 250. Senators’ Election Act, July 25, 1866, c. 245, 14 Stat. 243. Service Pension Acts, |Feb. 6, 1907, c. 468, 34 Stat. 879 (§§ 8964- 8966). May 11, 1912, c. 123, 37 Stat. 112 (§§ 8968–8972). TABLE OF ACTS CITED BY POPULAR NAME IPage IS57I Seven Crimes Act, Mch. 3, 1885, c. 341, 23 Stat. 385 ($ 10502). Sherman Act (Purchase of Silver), July 14, 1890, c. 708, 26 Stat. 289 (§§ 6474-6477, 9754). Sherman Anti-Trust Act (Trusts), July 2, 1890, c. 647, 26 Stat. 209 (§§ 8820–8823, 8827-8830). Shipbuilding Act, May 10, 1892, c. 63, 27 Stat. 27 (§§ 7710–7713). Shipping Act of 1884, June 26, 1884, c. 121, 23 Stat. 53 (§§ 3176, 5472, 5563, 5653, 5669, 7469, 7707, 7759, 7803, 7812, 8028, 8221, 8287, 8301, 8309, 8323, 8350, 8362, 8369, 8371-8374, 8382, 10136). Shipping Act of 1886, June 19, 1886, c. 421, 24 Stat. 79 (§§ 5670, 7730, 7757, 7812, 7829, 8027, 8096, 8125, 8126, 8138, 8173, 8292, 8323, 8363, 8369). Shipping Act of 1897, Mch. 3, 1897, c. 389, 29 Stat. 687 (§§ 5494, 5516, 7734, 7953, 7956-7959, 7967, 7968, 7978, 8137, 8139, 8174, 8293, 8296, 8300, 8330, 8331, 8334, 8367, 10464). Shipping Bill, Sept. 7, 1916, c. 451, 39 Stat. 728 (§§ 8146a–8146r). Shipping Commissioners Act, June 7, 1872, C. 322, 17 Stat. 262 (§§ 4357, 8036–8038, 8.287–8290, 8294-8300, 8302–8308, 8310, 8311, 8314-83.20, 8324, 8327-8334, 8338–8344, 8354-8361, 8377-8388, 8390, 8392). Shipping Commissioners Act, June 9, 1874, c. 260, 18 Stat. 64 ($ 8291). & g Silver Coin Issue Resolution, July 22, 1876, Res. No. 17, 19 Stat. 215. - Silver Purchase Act, July 14, 1890, c. 708, 26 Stat. 289 (§§ 6474-6477, 9754). Silver Purchase Act (Repeal) Nov. 1, 1893, c. 8, 28 Stat. 4 (§ 6478). Sixteen Hour Law (Railroads), Mch. 4, 1907, c. 2939, 34 Stat. 1415 (§§ 8677-8680). Slave Trade Abolishment Act (District of Co- lumbia), Sept. 20, 1850, c. 63, 9 Stat. 467. Slave Trade Prohibition Act, Mch. 2, 1807, c. 22, 2 Stat. 426 (§§ 10424, 10431, 10433, 10434). Soldiers’ and Sailors’ Civil Relief Act, Mich. 8, 1918, c. 20 (§§ 3078%a-3078%.SS). Soldiers’ and Sailors' Hornestead Acts, Apr. 4, 1872, c. 85, 17 Stat. 49. June 8, 1872, c. 338, 17 Stat. 333 (§§ 4592– 4594, 4602, 4603, 4605). Mch. 3, 1873, c. 274, 17 Stat. 605. Soldiers’ Fannilies Freedom Resolution, Mch. 3, 1865, Res. No. 30, 13 Stat. 571. Spanish-American Peace Treaty Proclamation, Dec. 10, 1898, 30 Stat. 1754. Spanish War Claims Act, Mich. 2, 1901, c. 800, 31 Stat. 877. Special Laws Prohibition Act (Territories), July 30, 1886, c. 818, 24 Stat. 170 (§§ 3478, 3479, 3481– 3483, 3486, 3487). e Spooner Act (Isthmian Canal), June 28, 1902, c. 1302, 32 Stat. 481 (§§ 6826, 10031). Springer Act, July 30, 1886, c. 818, 24 Stat. 170. (§§ 3478, 3479, 3481–3483, 3486, 3487). Stamp Payments Act, July 17, 1862, c. 196, 12 Stat. 592 (§ 10348). Standard Barrel Act (Apple Barrels), Aug. 3, 1912, c. 273, 37 Stat. 250 (§§ 8733, 8734, 8736, 8.737, 8907a, 8907b). Standard Barrel Act (Fruits, Vegetables, etc.), Mch. 4, 1915, c. 158, 38 Stat. 1186 (§§ 8907c- 8907e). Standard Barrel Act (Lime Barrels), Aug. 23, 1916, c. 396, 39 Stat. 530 (§§ 8907f–8907k). Standard Baskets Act, Aug. 31, 1916, c. 426, 39 Stat. 673 (§§ 8907 l–89070). State Constitutions Act (Virginia, Texas, Mis- sissippi), Apr. 10, 1869, c. 17, 16 Stat. 40. State Selection Acts (Public Lands), Sept. 4, 1841, c. 16, 5 Stat. 453 (§§ 4473(1), 4505, 4874, 4875). - Aug. 18, 1894, c. 301, 28 Stat. 372, .394 (§§ 338, 1389, 1391, 1678, 4271, 4325, 4601, 4685, 4876, 5289, 7372, 7682, 8459% b{34), 8859, 8902, 9243, 9244, 9247, 9259, 9276, 9280, 10590). . Sterling Act (Employers' Liability), Apr. 22, 1908, c. 149, 35 Stat. 65 (§§ 8657-8665). Stock Reservoir Act, Jan. 13, 1897, c. 11, 29 Stat, 484 (§§ 4939-4942). Submarine Cable Act, Feb. 29, 1888, c. 17, 25 Stat. 41 (§§ 10087-10099). Sulloway Act (Pensions), Apr. 19, 1908, c. 147, 35 Stat. 64 (§§ 8983-8985). • Summary Courts-Martial Act, June 18, 1898, c. § 30 Stat. 483 (§§ 2297, 2308a.(2), (34), (36), Surety Company Act, Aug. 13, 1894, c. 282, 28 Stat. 279 (§§ 3293–3300). Survey Manual Legalization Act (Public Lands), Apr. 26, 1902, c. 592, 32 Stat. 120 (§ 4807). Swamp Land Act, Sept. 28, 1850, c. 84, 9 Stat. 519 (§§ 4958–4960). Tariff Act of 1883, Mch. 3, 1883, c. 121, 22 Stat. 488 (§§ 6172, 6174). Tariff Act of 1890, Oct. 1, 1890, c. 1244, 26 Stat, 567 (§§ 5960, 6111, 6112, 61.14, 6115–6118, 6.165, 6170, 6174, 6177, 6188, 6.190, 6197, 6199, 6202, 6339). Tariff Act of 1897, July 24, 1897, c. 11, 30 Stat. 151 (§§ 5669, 6147, 6204, 10271). Tariff Act of 1909, Aug. 5, 1909, c. 6, 36 Stat. 11 (§§ 519, 1179-1190, 5593, 6169, 6174, 6175, 6202, 6204, 6824, 6828, 7811, 7812). Tariff Act of 1913, Oct. 3, 1913, c. 16, 38 Stat. 114 (§§ 364, 5291-5318, 5519–5524, 5526-5533, 5591, 5592, 5594-5602, 5656, 5668, 5672, 5673, 5718, 5724, 5791, 5887, 5895, 5896, 5899, 6137). Tariff Board Act, Aug. 5, 1909, c. 6, sec. 2, 36 Stat. 83. Tarsney Act (Erection of Public Buildings), Feb. 20, 1893, c. 146, 27 Stat. 468. Tea. Importation Act, Mch. 2, 1897, c. 358, 29 Stat. 604 (§§ 8786-8796). Teller Act (Omnibus Statehood Bill), Feb. 22. 1889, c. 180, 25 Stat. 676. Teller Resolution (Cuba), Apr. 20, 1898, No. 24, 30 Stat. 738. Tennessee Restoration Resolution, July 24, 1866, Res. No. 73, 14 Stat. 364. Tenure of Office Acts, May 15, 1820, c. 102, 3 Stat. 582 (§§ 1295, 1966, 4484, 5347). Mch. 2, 1867, c. 154, 14 Stat. 430 (§§ 3249, 3254, 3255). Apr. 5, 1869, c. 10, 16 Stat. 6. Territorial Practice Act, Apr. 7, 1874, c. 80, 18 Stat. 27. - Texas Annexation Resolution, Mch. 1, 1845, Res. No. 7, 5 Stat, 797. - Texas Volunteer Pensions Act, May 30, 1908, c. 230, 35 Stat. 553 (§ 9066). Thurman Act (Pacific Railroads), May 7, 1878, c. 96, 20 Stat. 56. Tillman-Gillespie Resolution (Transportation of Coal and Oil), Mch. 7, 1906, Res. 8, 34 Stat. 823. Timber and Stone Act, June 3, 1878, c. 151, Stat. 89 (§§ 4671-4673, 4988, 10216). Timber Culture Acts, Mch. 3, 1873, c. 277, 17 Stat. 605 (§ 4473(4)). Mch. 13, 1874, c. 55, 18 Stat. 21. Timber Culture Repeal Act, Mch. 3, 1891, c. 561, 26 Stat. 1095 (§§ 4530, 4531, 4535, 4559, 4589, 4677-4680, 4698, 4753, 4799, 4934-4937, 4992, 5018, 5079-5082, 50.96a, 5113, 5114, 5116, 5121). Tobacco Statistics Act, Apr. 30, 1912, c. 102, 37 Stat. 106 (§§ 4421-4428). - Tokyo Exposition Act, May 22, 1908, c. 185, 35 Stat. 183. Townsite Acts, May 23, 1844, c. 17, 5 Stat. 657. Mch. 3, 1863, c. 80, 12 Stat. ReS. 20 754 (§§ 4784, 4785). July 1, 1864, c. 205, 13 Stat. 343 (§§ 4786, 4787). Mch. 3, 1865, c. 107, 13 Stat. 529 (§§ 4789, 4790). Mch. 2, 1867, c. 177, 14 Stat. 4793, 4797, 4798, 4860). June 8, 1868, c. 55, 15 Stat. 67. July 1, 1870, c. 193, 16 Stat. 183. Trade Commission Act, Sept. 26, 1914, c. 311, Stat. 717 (§§ 8836a–8836k). Trade Dollar Retirement Act, Mch. 3, 1887, c. 396, 24 Stat. 634. Trade-Mark Act of 1881, Mch. 3, 1881, c. 138, 21 Stat. 502. Trade-Mark Act of 1882, Aug. 5, 1882, c. 393, Stat. 300. Trade-Mark Act of 1905, Feb. 20, 1905, c. 592, Stat. 724 (§§ 9485, 9487-9511, 9513–9516). 541 (§§ 4791– 38 22 33 TABLE OF ACTS CITED BY POPULAR NAME IPage 1958] Trade-Mark Act of 1911, Feb. 18, 1911, c. 113, 36 Stat. 918 (§ 9490). Trade-Mark Act of 1913, Jan. 8, 1913, c. 7, 37 Stat. 649 (§ 9490). - Trading with the Enemy Act, Oct. 6, 1917, c. 106, 40 Stat. 411 (§§ 3115%a-31.15%j). Trades Unions Act, June 29, 1886, c. 567, 24 Stat. 86 (§§ 8908-8912). Tramroad Act, Jan. 21, 1895, c. 37, 28 Stat. 635 (§ 4943). Tuberculosis Registration Act (District of Co- lumbia), May 13, 1908, c. 165, 35 Stat. 126. Tucker Act (Claims), Mch. 3, 1887, c. 359, 24 Stat. 505 (§§ 991 (20), 1136(1), (2), 1139, 1142, 1143, 1171, 1172, 1174, 1177, 1574–1578). Twenty-Eight Hour Law (Transportation of Animals), June 29, 1906, c. 3594, 34 Stat. 607 (§§ 8651–8654). - Underwood Tariff Act, Oct. 3, 1913, c. 16, 38 Stat. 114 (§§ 364, 5291-5318, 5519–5524, 5526– 5533, 5591, 5592, 5594-5602, 5656, 5668. 5672, 5673, 5718, 5724, 5791, 5887, 5895, 5896, 5899, 6137). TJnion Pacific Railroad Charter, July 1, 1862, c. 120, 12 Stat. 489. - º TJnion Station Tracks Act, May 23, 1908, c. 190, 35 Stat. 246. - TJnited States Commissioners Act, May 28, 1896, c. 252, 29 Stat. 140, 184 (§§ 244, 390, 564, 767, 1333, 1334, 1336, 3337, 1340, 1418-1431, 1451, 1677, 3414, 6615, 6779, 7265). TJnited States Cotton Futures Act, Aug. 18, 1914, c. 255, 38 Stat. 693. Aug. 11, 1916, c. 313, 39 Stat. 476 (§§ 6309a– 6309v). Vocational Education Act, Feb. 23, 1917, c. 114, 39 Stat. 929 (§§ 93.90%a-9390%m). Voluntary Service Acts, May 1, 1884, c. 37, 23 Stat. 15, 17. Mch. 3, 1905, c. 1484, 33 Stat. 1214, 1257 (§ 6778). Feb. 27, 1906, c. 510, 34 Stat. 27, 49 (§ 6778). Volunteer Army Act, Apr. 22, 1898, c. 187, 30 ‘Stat. 361 (§§ 1714-1716, 2027, 2041). - Volunteer Employment Act (Civil War), July 22, 1861, c. 9, 12 Stat. 268. - Vreeland-Aldrich Act (National Currency ASSO- ciations), May 30, 1908, c. 229, 35 Stat. 546 (§§ 9692, 9693, 9709, 9714, 9752, 9779). Walker Tariff Act, July 30, 1846, c. 74, 9 Stat. 42. Warehouse Act, Aug. 11, 1916, c. 313, 39 Stat. 486 (§§ 87.47% -8747%pp). & War Revenue Act of 1898, June 13, 1898, c. 448, jºint 448 (§§ 5980, 6144, 6174, 6258–6270, 6479, War Revenue Act of 1914, Oct. 22, 1914, c. 331, 38 Stat. 745 (§§ 6111, 6112, 61.14, 61.14f, 6115, 6118, 6119, 6122). War Risk Insurance Act, Sept. 2, 1914, c. 293, 38 Stat. 711 (§§ 514a–514.j). Ways and Means Act (Civil War), Mch. 3, 1863, c. 73, 12 Stat. 709. - | Webb Exporter Combination Act, April 10, 1918, c. 50, §§ 3–5 (§§ 8836% c-8836%.e). Webb-PCenyon Act, Mch. 1, 1913, c. 90, 37 Stat. 699 (§ 8739). - Weeks Law, Mch. 1, 1911, c. 186, 36 Stat. 961 (§§ 5174–5187). West Virginia, Admission Act, Dec. 31, 1862, c. 6, 12 Stat. 633. White Act (Collisions on Great Lakes), Feb. 8, 1895, c. 64, 28 Stat. 645 (§§ 7910-7941). White Phosphorus Matches Act, Apr. 9, 1912, C. 75, 37 Stat. 81 (§§ 6271-6287). White-Slave Laws, Mºjº, 1910, c. 128, 36 Stat. 263 (§§ 4244, º 1910, c. 395, 36 Stat. 825 (§§ 8812- 19). Widows' Pension Act, Apr. 19, 1908, c. 147, 35 Stat. 64 (§§ 8983-8985). Wiley Act (Homestead Lands, Alabama), Mch. 3, 1903, c. 1013, 32 Stat. 1222. Wilmot Proviso (Slavery in Territories), June 19, 1862, c. 111, 12 Stat. 432. Wilson Act (Northern Pacific Railroad), July 1, 1898, c. 546, 30 Stat. 597, 620. Wilson Act (Original Packages), Aug. 8, 1890, c. 728, 26 Stat. 3T3 (§ 8738). Wilson Act (Tariff), Aug. 27, 1894, c. 349, 28 Stat. 509 (§§ 5500, 5549, 5873-5875, 5887, 5895, 5896, 5899, 5974, 5986, 6000,.6012, 6035, 6051, 6058– 6065, 6090, 6102, 6112, 6162, 6310-6318, 6348, 6536, 8831–8835). Wool and Woolens Act (Tariff), Mch. 2, 1867, c. 197, 14 Stat. 559 (§§ 5608, 5.612). Workmen’s Compensation Act, May 30, 1908, c. 236, 35 Stat. 556. Wyoming Land Act, May 29, 1908, c. 220, 35 Stat. 465 (§§ 711, 4473(10), 4577). Yacht Tax Act, Aug. 5, 1909, c. 6, 36 Stat. 112 (§§ 519, 1179–1190, 5593, 6169, 6174, 6175, 6202, 6204, G824, 6828, 7811, 7812). Yellowstone National Park Protection Act, May 7, 1894, c. 72, 28 Stat. 73 (§§ 5191-5196, 51.98- 5200). GENERAL INDEX r; REFERENCES are to sections of the statutes, except where otherwise indicated. References to Sections Con- tained in the Appendix are indicated by the word “Appendix,” followed by page number. to the text of the Constitution is in the following form: “(Const. art. 1, § 10, Cl. 1).” ABANDONED MIHLITARY RESERVA- TIONS General provisions, 5003-5012. ABANDONED PROPERTY See Captured or Albandoned Property. cº, jurisdiction of Court of Claims, Contracts for preservation, sale, or col- lection of wrecked, abandoned, or dere- lict property, 6952. Dealing in prohibited, 2308a, art. 80. ABAN DONED PROPERTY COLLEG- THON ACT See Albaº do?ved Property. Text of act, 1153. ABANDONMENT *::: agricultural experiment station, Ö O. Cºen by mother, pension to children, Homesteads, proof by settler’s wife upon abandonment by husband, 4538c. Mariner in foreign port, 10468. Merchandise, after entry, relief from pay- ment of duty, 5602. In Warehouse more than three years, 5657. g Patents for inventions, 31.15% ee(i), 9429a. Gºnment patents, notice to prevent, 38. Railroad lands, homestead entries, 4892. ABATEMENT. See Refunds ; Claims for fines, laws, 5804. Contest of homestead claim, death of con- testant, 4537. Internal revenue tax, distilled spirits on destruction, 5945. Limitations, 5951. Power of commissioner as to, 5944. Wines, in case of payment under oth- er acts, 6110b [a]. Liquor nuisances, in Alaska, 3643k-3643ll. In District of Columbia, 34.21%hh. Suits, death of officers sued in official ca- pacity, 1594. Death of parties, 1592, 1593. Carriers’ employes, 8665. Pºtºs of form, amendments allowed, Remission. etc., Expiration of term, etc., of officers sued in official capacity, 1594. Part of defendants not served, 1032. Plea of, ownership of property, post- naster, contractors, etc., 1553. Rulings On not to be reversed. On writ of error in Supreme Court, except, etc., 1672. Repeal by Revised Statutes not to af- fect, 10594. ABORTHON Articles intended for producing, importing and , transporting, 10415. Selling, etc., in Territories, 10485. Unmailable, 10381. } ABRAHAM I, MN COILN NATIONAL PARK OR RESERVATION Acceptance of deed to, 5249m. Admission fee not to be charged, 5249m. Endowment fund, acceptance by United States, 52490. Execution of instrument necessary to car- ry out gift, 5249p. Preservation of property, 5249n. Rules and regulations, secretary of war to make, 5249q. ABRHIDGMIENT OF PRESIDENT'S MES- SAGE Preparation, printing, distribution. 7089. CoMP.ST.’18 under customs: ABROGATION See Treaties. Contracts with enemy or ally of enemy, 31.15% doi (b). ABSCONDING DEBTORS Claim of United States against entitled to preference, 6372. Postmasters, contractors, etc., attachment, 1550–1559. ABSCONDING INDIANS Arest by Indian agents, etc., 4155. sº ABSIENCE WSee Leave of Albse??ce. Appraiser of customs, form duties, 5396. Army, certificates at muster, 56 Deserters, 2308a, arts. 28, 58–60, 107. Iºnlistment term, effect on, 1891b. Pay, 2104-2110. 2110, Appendix p. 1758. Forfeiture, 2111. Quarters for officers absent on duty, 2122. Without leave, 2308a, art. 61. Assistant Attorney-General, deputy to Su- pervise attorneys, 519. Assistant commissioner of general land office, designation of temporary assist- ant, 692 Assistant secretary of navy, chief of na- val Operations to act, 621b. Assistant treasurer or depositary, desig- nation of clerk to act, 6602. Attorney-General, Solicitor-General to perform duties, 516. Auditor of Porto Rico, duties of assis- tant, 3803gg. Chiefs of bureau, construction and repair, assistant to act, 642a. Military bureaus, performance of du- ties during, 1996. Navigation, assistant to act, 631. Ordnance in navy, assistant to act, 632 - assistant to per- 2308a, art. Steam engineering in navy, assistant to act, 636. Supplies and accounts in navy, assist- ant to act, 638. Civilian assistant to act in absence of assistant, 640. Yards and docks, assistant to act, 642a. Civilian employés in gun factories, pay, 3084b, Appendix p. 1770. Commissioners, Bureau of Light-House, acting commissioner designated in absence of deputy, 900. General Land Office, assistant to act, Internal Revenue, deputy to act, 494. Pensions, Deputy to act, 729. Comptroller of Currency, Deputy to act, 498. Defendants in suit to enforce liens, etc., 1039. Diplomatic and consular officers without leave, 3199. Salary, 3200. - Director and assistant director, bureau of mines, designation of officer to act, 783b. Bureau of Standards, acting director, 928. Geological Survey, authorization of acting Director, 771 Disbursing clerk, departments, acting offi- Cer, 4. - Pensions, appointment of substitute, 672. 3. IPage 1959] | Reference ~, § ABSENCE (Cont'd) District judges, adjournment of court, 979. District of Porto Rico, 380349. Exclusion in computation of limitations, 1711, 1713. & Executive secretary of Porto Rico, 3803hh. Governor of Porto Rico, 3803ii. - Harbor master at Washington, D. C., pilot of police boat to act, 9953. Indian agents, forfeiture of salary, 4018. Internal revenue Starmps, cigars, evidence of non-payment of tax, 6208. Tobacco and snuff, notice and evi- dence of non-payment of tax, 6.18%. Judges, certificates regarding, 547. Naval officers, customs, deputies to act, 5371. Navy, arsenals, etc., 3248. Before acceptance of resignation, pun- ishment, 2971. Chief of naval operations to act in absence of secretary and assistant secretary of navy, 62.1b. Court-martial, members, 3014. Judge advocate general of Navy, as- sistant to act, 613. oº: from command, punishment, 7 - & Pay, 2900a, Appendix p. 1765. Station or duty without leave, punish- ment, 2969(19). Presumption of death of enlisted man or officer after seven years unexplained absence, 8978. Public printer, chief clerk to act, 6991. Recorder of general land office, designa- tion of temporary recorder, 694. Registration under selective draft act of persons temporarily absent from place of residence, 2044e. Secretary of Treasury, duties of chief clerk, 353. Supervising inspector general of steam vessels, powers and duties of deputy, 8.155, Appendix p. 1791. Supervising inspector of steam-vessels, designation of officer to act, 8.158. Suryeyors of customs, deputies to act, ( J. • - Territorial officers, salary not to be paid on account of, 3473. Treasurer or Assistant Treasurer, ap- pointment of Acting Assistant, 476. ABSENTEES Status as to pensions, 8975. ABSORBIENT COTTON See Cotton. & ABSTRACTS OF TITLE Grantors to furnish to government, 6904. ABUSIVE LANGUAGE Concerning form of government, etc., 10212C. ABUTMENTS Navigable Waters, failure to maintain lights, penalty, 8441. ACADEMY - -See Military Academy, €771.4/. Distribution of duplicate specimens of National Museum to, 10578. ACA}}EMY OF SCHENCES Memoirs of, number of copies, distribu- tion, 7078. Rººts. number of copies, distribution, *** Naval Acad- ACCESSORIES See Crimes and Offenses. ACCIDENT REPORTS ACT See Accidents. Railroads, 8642-8647. GENERAL INDEX [Page 1960] [References are to sections, except where otherwise indicated.] AGCIDENTS . Aviation, pay, 1867c. Barges, reports, 7978a. Railroads, hours of Service of employees in case of, 8679. Medals of honor for preventing, 8649, Reports, 8687, 8542-8646. Vessels, reports, 7975–7978a. ACCOMIPHLFICIES See Criſives and Offenses. ACCOUNTANTS See Accounting Officers. ACCQUNTING OFFICERS See* also, Auditors ; Tred Stºry, etc. Accounts, clerks, marshals, etc., forward- ed to, Lost checks, 468. Adjustment and control of expenditures of Interior Department, 683. Allowance, charges for commissions or in- quiries, restricted, 6781. For telephones disallowed under previ- ous act, 6787a. Judgments, against property of govern- ment, 6951. Payment for fuel in District of Co- lumbia without certificate of inspec- tion unlawful, 6840. Audit, accounts of district attorneys, clerks and marshals, 1415, 1425. Accounts of Interstate Commerce Com- mission, 8589. Accounts of Military Establishment at places other than seat of gov- ernment, 420a, (d). Certificates, arrears of pay of volunteers, 451 Bounty claims, colored soldiers, ma- rines, etc., 3969, 3970. Volunteers, 451. Decisions of Supreme Court or Court of Claims to be followed, 451. Inspector General’s Department, 1774. Loss of public property certified to, 439, 440. Report to solicitor of treasury, salary withheld because of arrearage, 3239. Return of Officers’ and soldiers’ discharges after settlement of accounts, 452. Settlement of accounts, disbursing officer of Navy, 456. District attorneyS, shals, 1416. , Indian affairs, 722. Paymasters of lost or captured public vessels, 455. Supplies or services for military or naval service, 6842. Settlement of claims for property lost in military and naval service, 6403, 6403a, 6404. Settlement of overpayments by army pay- clerks and mar- masters, e Trading with Enemy Act, 31.15% Co. ACCOUNTS - See Accounting Officers ; , Alºuditors ; Comºmittee on Accounts Comptroller of Treasury : Customs Officers ; In- dian Affairs ; Indian Agents : Indi- ans; Interstate Com/merce Cominis- sion ; Postal Accounts : Postmaster- General ; Public Money : Supplies and Accounts, Bureau of ; and other Specific titles. Administrative examination of, 429, 431, 433, 434, 437. Advances, bounties paid by paymasters in Army, how allowed, 448. Fighting forest fires, 6650. Army, medical department, payment by disbursing officer, 6622b Military Academy, payment by dis- bursing officers, 6752b. Officers, oath, 327. Settlement, 446. Signal Corps, payment by disbursing Officer, 6752a. Supplies, regulation by secretary of War, 1951a. Auditor of, 416–471. Auditor of Porto Rico, 3803gg. Binding of public documents for Congress- men, 7181. Bureau of, chief, appointment as disburs- ing clerk of state department, 291. Chief, salary, 290. Supplies and accounts in navy depart- ment, 623–628, 637-640, 649–655. Comptroller of ACCOUNTS (Cont'd) Chief clerk, Court of Claims, 1133. Patent-Office, 741. Clerks, circuit court of appeals, annual return, 1400. Courts, 1397, 1415. Approval, 1417. Money received, 1399. Naturalization fees, 4372. District courts, certified to by district judge, 1416. Prize cases, 8420. G House of representatives, property of United States in possession of, 105 Coiners, 6508–6510. Collectors of internal revenue, 5850, 5851. Charges and credits, 5942. - Cigar stamps, 6205. Goods in bond, monthly, 6341. Mºly Statements and final account, 35. Quarterly account, 5936. Receipt as sufficient voucher, 5934. Stamps for fermented liquors, 6147. Stamps for white phosphorus matches, 6278. Tobacco and snuff, 6178. Columbia Institution for Deaf, 9346. Commanding officers, army companies, affidavit, etc., 327. Navy, disbursements, 456. Qommissioners, General Land Office, fees payable on behalf of Indian parties in public land contests, 4101. g Internal revenue, stamps for playing cards, 6313. Patents, 741. Committee on accounts of House of Rep- resentatives, 70. Common carriers, failure to keep as pre- scribed by Interstate Commerce Commission, penalty, 8592. False entries, mutilation, etc., penalty, 8592. - Forms prescribed by Interstate Com- merce Commission, 8592. Inspection under order of Interstate Commerce Commission, 8592. Uniform system required by Interstate Commerce Commission, manner of keeping, 8592. Compensation and mileage of members of Congress, 52. º Consular courts, receipts and expenditures of consular courts, 7665. Consular officers, fees, 3186, 3207. Stamps for fees, 3188. Contingent expenses of Treasury, 371. Cost account of work on Indian reserva- tions, 686, 688. Decimal system, 6535. * Depositaries of public moneys, examina- tion, 6653. Deposit with auditors of ContractS COIn- nected with settlement of, 6894. Diplomatic officers, fees, 3134. Disbursing officers, decrees of Court of Claims, 1138. Examination and settlement of. 410. Indian affairs, false representation, ef- fect, 4091. Militia, 3064a. Naval militia, 3078a028). e Payment of pressing obligations, Where balance of appropriation is insuffi- cient, adjustment, 6620–6622. Penalty for failure, 6632. Settlement, 394, 395. Distress warrants against collector, etc., for failure to render account, 6624–6637. District attorneys, approval, 1415, 1417, 1425. Certified to by district judge, 1416. District of Columbia, 1896. Prize cases, 8423. Traveling expenses, 1432. Division of bookkeeping and Warrants in treasury department to keep, 356. Door-keeper of house of representatives, property of United States in possession of, 105. Engineer Department, army, payment by disbursing officers, 6622a. Examination of by Auditors, 419–471. A- Expenses, armories, annual account, 3085. Contest of election of member of House of Hepresentatives, 187. Failure to render account as required of money received, 6623. False claims, 6411. Military service, 2308a, art. 94(1-6). Naval service, 2975 (1, 2). ACCOUNTS (Cont'd) Fees, district attorneys, clerks and mar- Shals, auditing, 1415. Issuing pass-ports to citizens of Unit- ed States, 7626. Forms of, 381, 408. JFreedmen's hospital, supervision of, 3974. Fuel for government in District of Colum- bia, 6840. Furniture in Treasury Department, 375. GeoRºgical Survey expenditures, 776. Indian affairs, 722, 723. Indian agent, 4002. Condition to advances, 4067. Insane hospital, 9293, 9328. Internal revenue, brewers selling at re- tail to keep, - Receipts, 370. International boundary commissioner for advances from appropriation, 6795a. Interstate Commerce Commission auditing of, 8589. Mail contractors, settlement on assign- ment of contracts, 7453. Marshals, approval, 1415, 1417, 1425. Certified to by district judge, 1416. Supreme Court of United States, 1393. Melters and refiners, 6508–6510. Mºngº of members of Congress, 35, Military establishment, audit at place º than seat of Government, 420a, Militia, naval militia, property of govern- ment, 3078a (14). Mºff and assay-offices, how kept, etc., National Home Soldiers, 9257. Naval officers, seamen, etc., on lost ves- sels, 2866 To furnish men, with, 2980(10, 11). Naval paymasters on foreign stations, Consular certificates to accompany, 6873. Navy Department, expenditures from ap- propriation for obtaining information from abroad and at home, 6762e. Officers, Indian affairs, allowance for traveling expenses in settling, 4023. Land office, allotment from public land, Indians not residing on res- ervation, 4198, 4199. Pººl Savings System, clerks to audit, e for Disabled Volunteer Postal service, 7598–7609. Postmasters, 7204-7206. House of representatives, property of United States in possession Of, 105. Money order accounts, 7562. Notice to sureties of deficiencies, 7.194. Senate, property of United States in possession of, 105. Post Office Department, 458–467. Districts and central offices for rendi- tion of, 579a. Examination by auditor, 419, 420. Manner of keeping and Stating, 582. Property of, 586. Rendition of returns relative to, 582. Preservation of, by Auditors, 454. Prize-commissioners, 8423. Public moneys, 6616-6622. Publication (Const, art. 1, § 9, cl. 7). Public printer, report of, with depart- ments and officers, 6676. Settlement of, 6986. Rºmotion of United States notes, etc., ( Rendition for administrative examination, Rent of prisons, tries, 7666, 7667. Salaries and mileage of members of House of Representatives, 48, 98. Secretary of Navy, cost of product of factory for manufacture of armor, 2779a. Secretary of Senate, property of United States in possession of, 105. Sergeant at arms, house of representa- tives, property of United States in possession of, 105, ,” Senate, property of United States in possession of, 105. Settled, re-examination of, 438. Settlement, military service, 452. Particular accounts, 406. Salaries of Senators, etc., 479. Supplies for military and naval serv- ice, 6842. Treasury department, 368. wºout administrative examination, Shipping commissioners, 8287. etc., in foreign coun- GENERAL INDEX [Page 1961] [References are to sections, except where otherwise indicated.] ACCOUNTS (Cont'd) Sixth auditor of post-office department, copies as evidence, 1502. Superintendent of Treasury buildings, 397. Supplies in navy department, 626. Temporary committee, of house of repre- Sentatives, appointments, etc., 110 Territories, transimission to secretary of interior and then to auditor of interior department, 434a. Travel and other expenses, oath for, ad- ministered by whom, 3262, 3262a. Treasurer of United States, 478. Trustees in bankruptcy, 9633. United States and Indian tribes, statement of, certification of balance to Secretary of the Treasury, 4080, United States commissioner, 1417. United States courts in Alaska, time for transmission, 430. War and Navy Departments laid before Congress, 393. ACCOUNT STATED - Between insurers and United States as to insurance on lives of persons in mili- tary service, 307834 nn. ACCUMULATIONS Corporations, etc., fraud on income tax, 6336c. ACIDS Mode of packing for shipment on steam Vessels, penalties, 8245, 8246. Repeal of paragraphs 20–23, Tariff Act of 1913, reclassification, 5291a. ACKNOWLEDGMENT Agreement to arbitrate between carrier and employees, 8671(1). Authority to take, clerks of Court of Claims, 1149. Indian agents, 4009. Judges of Court of Claims, 1149. Notary public, 3259. United States commissioner, 3259. Certificates, judges and clerks of Court o - Claims, 1149. - Organization of bank, 9660. Federal reserve bank, 9788(3). Voucher for pension, penalty for false certificate, 9079. Conveyance by town site trustees in Okla- homa, 5035. * Deeds affecting lands in territories and District of Columbia, validity of, taken in United States possessions, 3260, 3261. Deeds, etc., in Porto Rico, 3803x. Mortgages and conveyances of vessels not to be recorded by collectors of customs without, 7779. Power of attorney to locate placer min- ing claims in Alaska, 5055. Shipping-articles, 8302. . United States court for China, authentica- tion, 7687. ACTING OFFICERS See titles of the particular officers, as Com/missaries of Subsistence ; Direc- tor of the Census ; Surgeons ; etc. Falsely pretending to be, 10196. ACTION See Election of Remedies ; Evidence ; Judgmvents and Degrees ; Jury : Par- ties ; Soldiers’ and Sailors’ Civil Re- lief ; YWitnesses. Compromise of, see Compromise. Jurisdiction and venue, see Consular Courts : . District Courts ; , Jurisdic- tion ; Supreme Court of United States. Limitations, see Limitations. Abatement, death of officers sued in of- ficial capacity, 1594. Death of party to, 1592, 1593. Carriers’ employees, 8665. - Defects of form, amendments allowed, Expiration of term of officers sued in official capacity, 1594. Part of defendants not served, 1032. Plea of, ownership of property, post- master, contractors, etc., 1553. ' Ruling on, not to be reversed on Writ of error except, etc., 1672. Repeal by Revised Statutes, not to effect, 10594. Alaska, quieting title to lands, 5073, 5091. Foreclosure of miners’ liens, 5063-5068. Allowance ºf credit in, brought by United States, 1588, 1589. Altering court terms, 974. Amendment of pleading to change form of action, 1251a. ACTION (Cont'd) Bonds, chief clerk of partment, 815. Contractors for public buildings or works, 6922, 6923. Pºy collectors of internal revenue, Agricultural De- Deputy surveyors of public lands, 4467. Marshals of consular courts, 7659, 7660. Revenue officers, unlawful destruction of distillery and apparatus after sei- Zure, 6129. Secretary of Agriculture, 815. Civil rights, criminal prosecution not to defeat civil action, 3928. Deprivation and abridgment, 3932. Neglect to prevent conspiracy, 3934. Claims to property transferred to alien property custodian, 31.15% e. Combinations in restraint of trade, 8823– 8829. Appeal to Commissioner of Internal Revenue, 5949. Deposit of copies of copyrights, 9533. Consolidation, 1546, 1547. Foreclosure of miners’ liens in Alaska, 5066. Conspiracy to deprive, injure, etc., officers or persons, 3933(3). Contracts, with enemy or ally of enemy, 31.15%dd (c). With Indian tribes, 4087. Copyrights, deposit of copies prerequisite, 9533 Jurisdiction, 9547, 9555: Customs revenue, fines and penalties, 5788. Forfeitures, 5790, 5791. injury from violation of in District of Columbia, Damages for liquor laws 342.1%m. Dams obstructing navigation, recovery of expenses of removing, 9980. District of trial, 1033. Enemy or ally of enemy, 31.15% d(b). Against licensees of patents, trade- marks or copyrights, 31.15% ee(f). *. rights of all persons in states as to, £), Equitable defenses at law, 1251b. Escheat of lands in territories owned by aliens, 3494. False claims on government, 6411-6414. Federal controlled transportation tems, 31.15%j, 31.15%m. Fishermen, shares of fisheries, 8150. Forfeitures, failure of carrier to obey cer- tain Orders of Interstate Commerce Commission, 8584. wº Receiving rebates from carriers, 8597. Housing of war-industry employés, re- covery of compensation for property taken for, 31.15%b. Interest of district judge, 987. Internal revenue taxes, collection, Com- missioner of Internal Revenue, reg- ulation and sanction, 5938, 5939. Compromise, 5952. Continuance, 5954. Judgments, to whom paid, 5940. Personal injuries sustained in col- Iecting, 5894. Rºaining a SSes Sment Or’ collection 5947. - e Wrongful collection, appeal to Com- missioner a prerequisite, 5949. Recovery of taxes wrongfully col- lected under second assessment, burden of proof, 5948. - Joinder, foreclosure of miners’ liens in Alaska, 5066. - Seizure for violation of revenue laws, 1546. Monopolies, amount of recovery, 8829. National banks, 9661, 9668. National military parks, recovery of lands in, 5287. Officers, House of Representatives or Sen- ate sued for official acts, 117. Recovery of money due from, 6623. Panama Canal, damages to vessels, 10041. Determination of right to use of, 8836. Percentage of net earnings due from rail- roads to United States, 1006l. Poor persons, 1626–1630. Postal service, fraudulent, erroneous, or wrongful payments, 7606. Public lands, cancellation of patents, er- roneously issued under railroad or wagon road grants, 4901-4903. Mining claim, 1533. Sys- ACTION (Cont'd) Public lands (Cont'd) Railroad land grants, cancellation of : patents erroneously issued, 4 t Cost of survey, 4894. Forfeiture for failure to deposit costs of surveying, etc., 4915. Price of lands, 4898. Trespass on timber lands, 4992. Unlawful inclosure or occupancy of public lands, 4998, 5002. ' Removal of causes from state courts, 1010– defenses, Repeals by Judicial Code not to affect, 1276. By criminal code not to affect, 10516. Seamen’s wages, 8336. Soldiers and sailors, 3078%a-3078%.S.S. Surety company, 3297. Trade marks, fraudulent registration, Notice of registration prerequisite to recovery, 9514. Trusts, amount of recovery for injuries in import trade, 8835. United States as defendant, and procedure, 1574–1578. Vessel failing to deposit registry, Sea. letter, etc., with consul on arrival at foreign port, 8056. War Finance Corporation, 31.15%d. War risk insurance policy, 514e. ACTORS Contract labor laws not applicable to, 4289%b. - ACTS OF BANEKRUPTCY Defined, 9587. ACTS OF CONGRESS See Repeal; Revised Statutes; jurisdiction Stat- ºutes ; Statutes at Large, State Laws, see States. ACTUARIES Assistant Commissioner General of Im- migration to act as, 955a. Bureau of War Risk Insurance, 514kkk. ADAMSON ACT Wages of railroad employés, 8680a–86806. AHDDING MACHINES Exchange authorized, 6885a. By InterState Commerce Commission, 8687a. By signal corps, 1970b. By Smithsonian Institution, 10585a. ADDRESSING MACHINES Agricultural Department, exchange of, 814. ' ADEQUATE REMEDY AT LAW Ground for denial of equity jurisdiction, 1244. ADJé0 UENMENT Congress, limitations upon (Const. art. 1, § 5, cl. 4). Power of less than quorum (Const. art. 1, § 5, cl. 1). President’s power (Const. art. 2, § 3). Courts, prevalence of epidemic disease, 91.81. District Courts, monthly, for trial of Criminal Causes, 977. Nonattendance of judge, 979. Senate and House of Representatives of Porto Rico, 3803m. Supreme Court, want of quorum, 1209. Taking of testimony in contested elections of members of House of Representa- tives, 181. ADJUSTIERS - * Bureau of War Risk Insurance, 514e. Adj USTMENT Claims by navy mail clerks for losses by burglary, fire, etc., 7212a. Postmaster’s claims for loss by burglary, fire, etc., 7211. ; ADJUSTMENT ACT Railroad Land Grants, 4895-4900. A}}J JTANT-GENERAL See Ald jºltſºvt-General’s Military Secretary. Assistant, appointment, 1766. Duties, 1765. Department ; Inspector-General’s Department, 1765. Rank, 1764. Title changed to military secretary, 1768. - GENERAL INDEX [Page 1962] [References are to sections, except where otherwise indicated.] ADJUTANT-GENERAL (Cont'd) Certificates of military service, 3078%r. Certificates to members of aviation sec- tion, issuance, 1867c. Commissioner for Soldiers’ Home, 92.14– 92.16. - Department, 1764. - Disciplinary barracks, government and control, 2458a (3). - - Duties, transferred to, 1762a. Enlisted reserve corps, certificates, suance to, 1892e. oº:: of Adjutant General’s Department, 769. Rank, 1764. Record of eligibles for commission in army, 1920e. - Reports from recruit depots, 2026g. Retired army officers, detail as, 2076. Returns and muster rolls of volunteer forces while in federal service, to be rendered to, 342. States, returns of militia, 3053, 3053a. Returns of naval militia, 3078a (31). ADJUKTANTI-Gº NERAL’S, DºIPART- MENT is- See Ald jutant-General. Chief clerk, salary, 314. Chief of Staff to have supervision, 1763. Composition of, 1764. Consolidation. With Record and Pension Office, 1766. Marine corps, senior grade officers to have rank of brigadier general, 2907b. Military records, 336-344. Military Secretary, 1769. Part of army, 1717, 1717a. Promotions, 1770, 1905. ADJUTANTS See Regimental Adjutant : Aldjuta?vt. Cavalry regiment, 1718. Infantry regiment, 1738, 1738a. Marine Corps, 2911. Assistant, 2913. Staff, 2906. Military academy, pay, 2259. Navy, authority to administer oaths, 3037. Pay, 2089. Power to administer oaths, 2308a, art. 114. ADMINISTRATION See Eagecutors and Aldºministrators. ADMINISTRATORS See Eagecutors and Aldºministrators. ADMIRALS See Rear-Admirals ; Vice-Admiral. Allowances, 2471aaa, Appendix. p. 1761. Chief of naval operations, rank, 621C. Number, 2471aa. - Pay, 2471aa, 2824. Return to regular rank, 2471aa. Secretaries, 2489, 2490. Selection, 2471aa. ADMIRALTY Limitation. Of liability of ship owners, Squadron. See Liºn,itation of Liability of Ship O^0?? erS. Appeals, decision of court of appeals of District of Columbia, finality, 1227. New evidence, 1654. Prize causes, amendment by Supreme Court, 1665. T)istrict court powers, 1667. Rules for writs of error applicable, e ! | ; Transcripts, 1654. - Bonds, United States not required to give, 1661. - Condemnation proceedings, etc., for vio- || lation of embargo on exports to Con- form to proceedings in, 7678h. Condemnation property taken as prize for use, etc., in aid of rebellion, 10151-10153. Costs, in separate libels which might be. legally joined, 1619. Sustaining exceptions to answer, 2699. Courts, circuit courts of appeals judg- ments final, 1120. District courts, 991(3). Always open as, 976, 1061, 1105. Jurisdiction, 991(3). Exclusive when, 1233(3). Philippine Supreme Court, 3818. War risk insurance, 514e. Prohibition from Supreme Court, 1211. Supreme Court, forms of process, pre- scribed by, etc., . 1543. Review of judgments by, 1585. Docket fees, 1378. - Mode of proof, 1470. ADMIRALTY (Cont'd) Fees, docket, 1378. Marshal, 1386. Forms, mesne process and modes of pro- ceeding, 1536. Judicial power of United States extended to cases of (Const. art. 3, § 2, cl. 1). Marshal, arrest of property, stay or re- lease, 1567. - Fees, 1386. Oaths to persons identifying papers, clerk may administer, when, 1330. Place of bringing suit, Michigan, Eastern District, 1073. Process, forms of mesne process, 1536. Fº prescribed by Supreme Court, 543. New York, Western District, 1084. Proof, mode of, 1470. Record, 1604. Rºw of judgments by Supreme Court, 8 - Seamen’s wages, 8336. Terms of court, New York, 1084. Trial, conclusions of law and fact, sep- arately stated, 1585. Issues of fact, 1583, 1585. United States, suits against, 1577. Witnesses, recognizance, hearings, 1490. ADOPTED CHILHDREN Child as including, Employees’ Compen- sation Act, 8932ee. . ADULTERATED BUTTER, See Butter. * Internal revenue tax, amount of tax, 6237. Branding packages, 6235. Dealers in, amount of tax, 5978. Regulations as to sale, 6235. Who are, 5978. Definition of, 6233. Fines, failure of manufacturer to place label and notice on packag- es, 6236. Selling when unlawfully packed or without stamps, or with false Stamp, etc., 6235. Labels to be placed on packages, 6236. Manufacturers, amount of tax, 5978. Bonds, new sureties, etc., 6234. Books, 6234. Inventory, 6234. - Labels and notice to be placed on packages, 6236. Laws applicable, 5978. Penalty for failure, 6236. Returns by, 6234. Sale only in original packages, 6235. Signs to be displayed by, 6234. Statement of business by, 6234. Who are, 5978. Notices on packages, 6236. Offenses, carrying on business manufacturer of or dealer Without payment of tax, 5968. Failure of manufacturer to place 1abel and notice on packages, 6236. Failure of wholesale dealers to º books and render returns, stamped Of in Selling unlawfully packed, 6235. Selling without stamp or with fraudulent stamps, brands, etc., to O. - ogargarine laws applicable to, Packing, method, 6235. Sale by manufacturers to be in orig- || inal stamped packages, 6235. Stamps, laws applicable to as to de- struction, defacement, sale, etc., 6237. Necessity, 6235. Tax to be paid by, 6237. Wholesale dealers, amount of tax, Books, returns, penalties, 6241. Who are, 5978. - Transported into State, etc., subject to police powers, 8740. ADULTERATION See Aldulterated Butter; secticides wival Fungicides. Butter, 6233-6238. - Distilled spirits before tax paid, penalty, Food; In- 5987. Drugs, 8717-8728. Imported, re-exportation, 5626. Return of examiner, 5624. Food, 8717-8728. Fungicides, 8765–8777. ADULTERATION (Cont'd) Insecticides, 8765–8777. Medicines imported, re-exportation, Return of examiner, 5624. - Seeds, tests for, 8741. . ADULTERY Punishment, 10489. . - . Widow to terminate pension, 8989. AD VALOREMI DUTHES See Customs Dºwties. ADVANCEMENT See Pro77votion. ADVANCES.” Allied foreign governments engaged in war, 6829.j, Appendix p. 1782. Appropriations, ‘‘boundary line, Alaska. and Canada, and United States and Canada,” bonds from chiefs of par- ties, etc., 67958. For Department of Agriculture, 6649, Federal controlled transportation Systems, for betterments, 31.15%f. . Federal reserve bank to 9788 (5), 9796(6). Indian agent, conditioned on accounting. 4067. Indians, transporting supplies, 4048. Navy, how charged, 6756. Officers ordered to or from sea and shore duty beyond seas, 2841a. Paymasters, forbidden to make, 2538. Pay when on distant stations, 2841. Requisitions by Secretary, 6755. Settlement of account, 6757. Transportation for officers, etc., trav- eling on public business, 2847. Payments to contractors for supplies, 6648a. Postoffice inspectors, 7604. Public moneys prohibited, 6647. Disbursing officers, 6647. 5626 member bank, Subscriptions for executive depart- ments may be paid for in advance, 6652c. Subscriptions for foreign publications for engineer school, Washington may be paid in advance, 6652b. Subscriptions for publications for quarter-masters corps may be paid in advance, 6652a. Work on vessels for Treasury Depart- ment, lien, 6648. Public printer, for work and material, 984. Requisitions, Auditor to receive, 427. Seamen’s wages, 8323. Subscriptions for publications, Agricul- tural Department, 6652. Immigration service, 6651. War Finance Corporation, reports of, 31.15%k. - To banks, trust companies, etc., 31.15% dd. To persons or corporations, 31.15% ee. To savings banks, banking institu- tions OI’ trust Cornpanies, 31.15%;e. ADVERTISEMENTS See Aldvertising; Publication. General provisions, 6953-7187. Contracts and supplies, agriculture de- partment, unnecessary when, 6834, 6834a. Army, 6852, 6853. Horses, 6848, 6849. Motor ambulances, 6832a. 6832a, Appendix p. 1783. Quartermaster’s supplies, 6845, Steel, 6861. . . Transportation of stores, 6847. Wagons, 6849. - . Buildings, heating apparatus, 6919. Hospital stewards’ quarters, 1985. Military posts, 1982. • , Bunting may be purchased without, 6869, 6880. Copies filed in returns office, 6895. District of Columbia, publication re- stricted, 7184. : Unnecessary when, 6836. Exigencies, 6832. Forts, 6860. Heating apparatus for public build- ings, 6919. - - Horses and wagons for mail service of house of representatives, 113. House of representatives packing box- es, 115. Indian service, 4040, 6835, 6835a. Lighthouse service, 8428. GENERAL INDEX IPage 1963.I [References are to sections, except where otherwise ADWERTISEMENTS (Cont'd) Contracts and supplies (Cont'd) Mail carrying, 7424, 7442, 7452, 7455. District of Columbia, 7183. Foreign Countrigs, carrying through, between United States points, 7524, 7525. Fºlºn mail on American vessels, Maryland, 7183. Pneumatic tubes, 7428. Printed packets for mailing seeds, bulbs, etc., 8.20a. Railway routes, 7478. Readvertisements, 7438. Steamboats, 7430. Tºrary contracts, 7425, 7438, United States and foreign coun- tries, 7525. Virginia, 7183. Water-routes advertising unneces- Sary, 7454. Medicines and medical supplies, ad- Vertisement unnecessary, 6850, 6869. Miscellaneous supplies for depart- ments, 6833. Navy, 6862. Armor, 6867. . Butter, cheese, etc., 6869, 6877. Contraband of war, 6869. Foreign stations purchases in, 6869. Foreign supplies, 6873. Gunpowder, 6869. Gun steel, 6867. Medicines, 6869. Ordnance, 6869. - Steam boiler materials, 6866. Tobacco, 6870. Necessity in general, 6832-6873. Obstructions to navigation, removal, Personal services, 6832. Postal supplies, canceling machines, Money order blanks, books, etc., 7557 Post-öffice Department, 579. Printing office, 6970. Lºgraphins and engraving, 755, 9 Materials other than paper, 6966. Paper, 6957, 6958, 6963, 6965, 6966. Sale or exchange of condemned machinery, etc., 6976. Purchases without, 6869. Reclamation services, 6836C, dix p. 1783. Rent of lands or property acquired for debts, 6942. - River and harbor improvements, 9883. Sale, lands acquired by United States by devise, 6948. Lands acquired for debts, 6942. District of Columbia, certain advertise- ments, 7182. Contracts, 6836, 7184. Number of papers, rate of compensa- tion, etc., 7186. Employment of aliens, 4289% CC. Lands subject to homestead entry in na- tional forests, 5162. Laws in newspaper publication, to cease When, 112. Marine corps recruits, 2925a. National Home for Disabled Volunteer Soldiers, 9258. Notices, sale of real property of delin- quent collector of internal revenue, 5941. Appen- Seizure, internal-revenue laws, 6362. * Vessels in domestic trade for viola- tions of law, 8134. Offenses, imitating national bank notes with advertisement thereon, 10345. Imitating securities or printing there- on, 10347. Obscene literature, 10485. Paid editorials, etc., in newspapers, etc., to be marked, 7314. -- Payment for, prohibited without written authority, 7186, 7187. Periodicals containing, 7305. Postage rates on advertising matter in periodicals, 7358a (b). Postal service, estimates for, 6709. Prize sales, 8407. Publication designed for, not second class mail matter, 7.306. Publication prohibited without Written au- thority, 7187. Rate of payment, 7.185. War material, ADVERTISEMENTS (Cont'd) Sale, condemned supplies, etc., of light- house service, 8451. Hot Springs Reservation lots, 5257. Liquors in District of Columbia, 342.1%f. National bank stock on failure to pay installments, 9678. Prizes, 8407. Property transferred to alien prop- | erty custodian, 31.15%ff. Public lands, 4767. Second class mail matter containing, 7305, Solicitation of immigration by transpor- tation companies, 4289%d. Stamped envelopes, prohibited, 7392. Stationery for Congress, acceptance of proposals, notice, 93. Folding-room of senate and house of representatives, 107. Form of, 92. ... ºn in newspaper, 91. Tobacco, 6869. Unclaimed letters, 7413. Additional postage, 7417. Compensation, 7416. Foreign letters, 74.14. Posting lists, 7413, 7415. |Use of flag for advertising purposes in District of Columbia, 3369b. Use of mails for advertisement of intoxi- cating liquors intended for prohibition states, etc., 10387a-10387e. Wºº power leases on Cumberland River, ADVERTISING See Advertisements. Recruits for Marine Corps, 2925a, Appen- dix p. 1767. Use of name of Congressman etc., in ad- Vertising practice before departments, etc., forbidden, 272a. AHD VERTISING AGENCIES Employment in advertising for recruits for marine corps, 29.25a. AH) WISORY BOARD See War Risk: Insurance. Bureau of War risk insurance, compensation, 514e, 514kklz. Hygienic laboratory, 9143. ADVISORY COMMISSION To council of national defense, 3115b. ADVISORY COMMITTEE FOR, AERO- NAUTICS * See National Defense. Establishment, 3115i. AERONAUTICS See Aviation; Aviation Section; Naval Flying Corps. - Advisory committee for, 3115i. Office space, 3115ii, Appendix p. 1771. AERONAUTIC, SCHOOLS Establishment by Secretary course of study, etc., 2952%q. Instruction in aviation to members of Coast Guard at Army and Navy schools, 8459%a (13). Land for, 1867dd. . Site for at North Island, San Diego, California, 1867ddd. AEROPLANIES See Aircraft. Alien enemies not to ascend in, proclamation, 7615. Delivery by Secretary of War to Post- master General, 7430b, Appendix p. 1787. Exchange, 1972aa. 1972aa, Appendix p. 1755. Executive agency for control of, 283c. Flying by civilians, proclamation, 10212a. Mail, experimental mail service, 7430a. 7430a, Appendix p. 1786. Postage rate, 7367a. - sale of, 1972bb. duties, of Navy, etc., AIFFIDAVITS See O'Clth.S. 'See, also, the titles of particular ac- tions or proceedings in which affida- 'vits are required. Accounts, clerks, marshals and district attorneys, 1417, 1432. United States commissioners, 1417. Application to purchase timber and stone lands, 4672. Appraisal of imports, 5594. Attachment, against property of default- ing postmasters, contractors, etc., 1551. indicated.] AFFIDAVITS (Cont'd) Authority to take, commanding officers of Companies of army, 327. Consular officers and secretaries of legation, 3185, 3211. Pension laws, officers fraud, 9073. Public land laws, 4545, 4545a, 4546, 4548. Military or naval officers, 4545, 4545a. Mineral lands, 4617, 4643. United States commissioner, 1571. Bias or prejudice of district judge, 988. Commissioners to select site for public buildings, 6900. Complaint for violation of internal reve- nue laws, 1677. Complaint in habeas corpus, 1282. Consular officers, account of fees, 3184. Contempt as offense, 1245b. Counter allegations in habeas corpus, 1288. Denial of return to habeas corpus, 1288. Employé, partial disability as condition to recover under Employés' Compensation Act, 8932bb. º of deposit in bonded warehouse, investigating Expense accounts of marshals and district attorneys, 1425. Forging, etc., 10192. Fraud, against United States by persons in military service, 2308a, art. 94(5): By persons not in military or naval service, to obtain payment of claim, civil liability for, 6411. - Indian allotments service of petition, 4215. Insanity, 93.10, 9334, 9335. False affidavits, penalty, 9339. Inventory of property taken under search warrant, 10496%m. Lists of alien passengers, 4289%gg. Lists of property subject to internal reve- nue tax, 5896 Map and statement of town-site, 4786. Military service, before entry of default judgment, 3078%bb. Naturalization, affidavits petition, 4352(2). Passports, 309. Patent office cases, rules for, prescribed by commissioner of patents, 9450. Pension cases, penalty for procuring, etc., false, 9079. Petition in court of claims, 1150. Petition in suit against United States, accompanying Postmaster’s returns, 7207. Public land laws, applicants for lease, #. on Hot Springs Reservation, Desert lands, character of lands, 4675. Cultivation of lands, 4678. Homestead entrymen, 4531, 4532, 4545, 4545a, 4546. - Indian lands, 5015. Insane, 4544. Mineral patents, citizenship of appli- cant, 46.16. Improvements on mining claims in Alaska, 5051. Miners’ regulations in Alaska, 5050. Mistake in entry, etc., of public lands, Publishers of newspapers or periodicals sent through mails, 7311. Purchasers of liquors in District of Co- lumbia, 34.21%d. Returns of fees by district attorneys, marshals and clerks, 1394. - Seamen, to procure rating as able seamen, 8363a. Searches and seizures, 10496%.c-10496%e, 10496%m, 10496%q. Necessity (Const. amend. 4). Suits in forma pauperis, 1626, 1627. AFFINITY District judge, relationship to court offi- cers, 1049 Registers or receivers, 4497. AIFFIRMANCE Supreme Court, 1669. AETFIRMATION See Oaths. { Ilieu of oath, 1. AFOGNOK ISHLAND Fish , Culture stations, sale of lands pro- hibited, 5082. AFRICANS See Negroes. AGE LAW Pensions, 8964–8966. GENERAL INDEX IPage 1964] [References are to sections, except where otherwise indicated.] AGE UYMIT' - Army, aviation section, not a bar to de- tail, 1860 - - Aviation section, students, 1867a. Cadets, military academy, 2239. Chaplains, 1868, 1868a. - Corps of Engineers, officer, 1841. Dental corps, 1833a. Surgeons, 1833, 1833a. Enlisted reserve corps, 1892e. Enlistment, 1780, 1884, 1889, 2044a, 2044g. Medical corps, lieutenants, 1807b. Military academy, appointment from enlisted men of army and national guard, 2230a. - Military duty, 1714. Without consent of parents guardians, 1885a. Officers’ reserve corps, 1881a, 18810. Discharge upon reaching, 1881a. Re-commissioned terms, 1881a. Officers, transfer from retired to active list, 2073a. Re-enlistment in time of hostilities, 891. OT Regular army reserve, 1892a. Reserve officers’ training corps, 1881.h. Retirement, 2045-2047, 2051, 2052, 2073, 2073a.a. - Second lieutenants, 1920a, 1920aa. Selective draft, 2044b, 2044e. Signal corps, 1867h. Veterinary corps, 1724a. - Volunteer army officers, 2042. Briectors in Porto Rico, 38031 in. Employment of children in Porto Rico, 3803aa. / Jurors in Porto Rico, 3803s. Naval militia, 3078a, (2). Navy, assistant surgeons, 2494. Enlistment, 2580a. Marine Corps, 2911. Second lieutenants, 2903d, 2903e. Temporary appointments, 2483h. Mºmen at naval academy, 2730– 2732. Naval academy, candidates for ad- mission to, 2731-2732a. Naval flying corps, ensigns and second lieutenants for aeronautic duties, 2952%d. Student flyers, 2952% n. Naval reserve, 29.00% c(1). Naval reserve officers, 2900% c (6). Retirement of navy officers, 2623a. Dental surgeons, 2511. Temporary appointments, 2483h. Rººt commissioner from Porto Rico, 30. AGIENTS See Convºmercial Agents; Indian, Agents : Interval Revenue Officers 0.7%d Agents; Special Agents; cal Agents. Federal Reserve Agents, see Federal Pºeserve Banks. Pension agents, see Pensions. Postal service, see Postal Service; Rºw- ral Free Delivery Service. Common carriers, designation for service of notices and process, 8600. Free transportation, 8563. Purchasing Agents; United States Fis- Issuance of bills of lading, liability, 8604kk. - Railroad to post name of resident agent, 8569. - Corporations, criminal liability for viola- tion of Anti-Trust laws, 88.35m. Depositions in contested elections of mem- |bers of House of Representatives, 176. Federal reserve banks as agents for non member banks, 9801(2C). Government agents, auditing accounts of Military Establishment, 420a (d). Bureau of fisheries and forestry serv- ices in Alaska, enforcement of liq- uor laws, 36430. Capital Issues Committee, 31.15%l. Compensation, apportionment, 5394. Cotton futures tax, appointment and compensation, 6309m. Department of agriculture, absence, 807 a. Diplomatic, title and salaries, 31.17, 3119, 3120. Transaction of business prohibited, d leave of 3116, Disbursing agents, absence, acting of- ficer, 6614 Ordnance Department, 1859a. AGENTS (Cont'd) - Government agents (Cont'd) Disbursing agents (Cont'd) Quartermaster’s Corps, 1784a. Special, 6603, 6666. Division of cotton and tobacco statis- tics, compensation, 913b. Financial agent of joint committee on library, books from library, 139. Foreign governments, acting as, with- out notice to Secretary of State, 7678n. - Interested persons not to act, 10205. Interest in contracts, for Indian Supplies, etc., 6893. Under food conservation act, 31.15%f. Interference, etc., with agents under food conservation act, 31.15%m. Irregularity or misconduct, investiga- tions, oaths, 265. Library of congress, exchange, etc., of documents, 127. List of in office of controller of cur- rency for official register, 7127. eign stations, 28.12. Pension agent taking 0277. Post-office department postmaster act- ing as lottery agent, 10384. Railway mail service superintend- ents, 574, 575. Sale of postage-stamps, may buy Stamps and envelopes at dis- count, 7401. . Printing office, list of, furnished for official register, 7006. Railroads receiving land grants, etc., 10059. Reclamation service, to receive pay- ments On reclamation entries or wa- ter rights, 4731, 4732a. Seal gºries in Alaska, additional, fee, penalty, Appointment, 8861. Authority to administer oaths and take testimony, 8864 Compensation, 8862. Duties, 8861. Interest in right to take seals pro- hibited, 8863. Traveling expenses, 8862. Treasury Department searching ves- sels, 5761, 5762. War Finance Corporation, 31.15% co, 31.15%d. Income tax, application for deductions and exemptions may be made by, 6336iſb]. Returns by, 6336h ſhi. Lotteries, etc., 7411, 10384. Mining claims, application for patent, 4622. Location of placer mining claims in Alaska, 5055. Oath for adverse claimant, 4624. Munitions tax, liability for, 63.36%h. National banks, to wind up affairs, 9827. Obscene literature trade, aiding, 10271. Practice before Interior Department, 684. Treasury Department, 385. Service of process on, suit for unlawful inclosure or occupancy of public lands, 4998. Surety company, 3294. Soldiers and sailors, for making home- stead entry, 4605. Payment of soldiers’ or sailors’ claims without deduction of fees, 453, 3969. Tobacco manufacturers, etc., not to be deemed peddlers, 6187. Vessels, arbitration of Seamen’s claims, 8344. - Deportation of aliens, 4289%k. Duty to person shipping articles on clearance, compliance with Act re- lating to advances and allotments of Wages, 8323. - - Expenses of detention of immigrants, 428914.hh. Lists of aliens employed on vessels arriving from foreign ports, 4289%t. Oath of in proceedings for enrollment or license, 8060. Payment of head taxes, 4289%aa. Penalties, illegal advances and allot- ments of seamen’s wages, 8323. Violation of regulations for navi- gation of Mississippi river, 9.931. Reports of aliens illegally landed, 4289%t. Navy, disbursement of money at for- AGENTS (Cont'd) Vessels (Cont'd) Violation of immigration law, 4289%d-4289%ee, 4289%qq, 4289%r, 4289%ss. Violation dif regulations of vessels in time of war, etc., 9959%b, 9959%c. AGREEMENTS ; See Contracts; Treaties. Arbitration, 8669, 8671(1). States, with other state or foreign power, prohibition without consent of Congress (Const, art. 1, § 10, cl. 3). Transfer of causes to other division, 1040. AGRICULTURAL COLLEGE ACTS See Agricultural Colleges. Text of act, 4473(5), 4476, 8870–8877. AGRICULTURAL COLLEGES See Agricultural Ea:periºvent Stations. Alaska, reservation of public lands for, 5045a, 5045b. Army commissions, graduates, 1920a. Co-operative extension Work, appropria- tions, diminution of moneys received to be made by state, 8877e. Appropriations, limitation of amount l to be applied to printing, etc., 8877 e. - - Moneys not to be applied to build- ings, etc., or other purposes, not Specified in Act, 8877e. - - Time, manner, etc., of payment, reports of amounts received, and disbursements thereof, 8877d. Ascertainment and certification of amounts due to states Withholding certificate, appeal to Congress, 8877f. Department of Agriculture to co-oper- ate With Agricultural Colleges, 8877a. Nature and manner of carrying on, eligibility of honor 8877b. - w Permanent annual appropriations, ad- ditional appropriations conditioned on appropriation by state, 8877c. Reports by Secretary of Agriculture of receipts, expenditures and results, 8877g. - Reports of operation, 8877e. Reports to be prepared by Department Of Agriculture, printing, and distri- bution of copies, 88.97a. Reservation of power to amend, alter Or repeal Act, 8877.h. Experiment stations, 8878–8897. Extension work, correspondence bulletins, etc., for furtherance of, may be transmitted free, 7380a. Reports of expenditures, 839a. Honor graduates, eligibility for commis- Sions in regular army, 1920a. Increased annual appropriations, 8871, 8877. Annual ascertainment and certification of amounts due states, 8874. Appeal to Congress, 8874. Certificates withheld, 8874. Diminution of fund to be made up by states, 8873. Distinction of race or color not to be made by Colleges receiving, 8871. Purposes, 8871, 8877. Fund not to be applied to build- ings, 8873. Report of disbursements and of with- biolding of appropriations, 8875. Reservation of power to amend or re- peal act, 8876. Time, manner, etc., of payments to states, 8872, 8877(2). . Insufficiency of proceeds of public lands for support of, how supplied, 4700. Payment by United States of deficien- cy caused by free homestead act, 5013. Investment of proceeds of lands donated to, 8870. Land scrip, fees of registers and receivers, 4473. Limitation of entries by scrip, 4873. Lost or destroyed reissued, 4872. . Relation to State or territorial govern- ments not affected by act relating to agricultural experiment stations, 8885. Reports of condition, etc., 8873. - Reserve Officers’ Training Corps, eligibil- ity for, 1881d, 1881e, 1881f. - Weights and measures, sets of standards for, 8900. AGRICULTURAL EXPERIMENTS Indian schools or agency farms, cost a C- count of expenditures, 688. GENERAL INDEX IPage 1965] [References are to sections, except where otherwise indicated.] AGRICULTURAL EXPERIMENT STA- TIONS General provisions, 8878–8897. - Alaska, use and abandonment, 5045b. Annual appropriations from sales of pub- lic lands, buildings, 8883. º Application of law in states having. ex- periment stations separate from agricul- tural colleges, 8886. Bulletins, 8882. Department of agriculture, reports of ex- penditures, 839a. Employment of assistants, clerks, etc., by Secretary of Agriculture, 8890. Examination of soils, 8880. Expenditures for supplies, etc., 8890. Hºxpenditures, statement of, 839a. Financial statements, 8881, 8893. Grants of moneys, assent to by £OVernor, 8888. Legislative assent, 8887. - Increased annual appropriation, 8891, 8897. Annual ascertainment and certifica- tion of amounts due states, 8894. Appeal to Congress, 8894. Certificates withheld, 8894. Construction of Act, 8897. Diminutfon of fund to be made up by State, 8893. Fund not to be applied to buildings, 8893. Legislative assent or assent by gover- nor, 8892. Reports of operations, etc., 8893. Time, manner, etc., of payment to states, 8892. - - North Dakota, exchange of lands in Con- nection with, 4529a. Payments to states quarterly, 8890. * Publications, sale of copies of card in- dexes, 830. Relation of agricultural colleges to state, etc., governments not affected by act establishing, 8885. - Reports, 8881. - Amounts received and disbursements, 8892 Expenditures, 8890. - Director of office of experiment sta- tions, number of copies, distribution, 7134. Printing and distribution of copies, 8897a. Secretary of Agriculture to CongreSS, 8895 Researches, scope of, 8879. Reservation of power to amend Act, etc., 8889, 8896. Secretary of Agriculture, of law by, 8894. Supervision by, 8881. State agricultural colleges, 8878. AGRICULTURAL EXTENSION WORK ACT administration See Agricultural Colleges. Text of act, 8877a-8877.h. AGRICULTURAL LANDS Alabama, homestead entry, 4657. Mineral lands, 4655. Coal lands open to agricultural en- try, 4670. Reclassified as agriculture or mineral, 4656. - Allotment to Indians in severalty, 4195. Black Hills Forest, 5166. Mineral lands, homestead, etc., 4630-4650. How set apart as agricultural, 4650. Missouri and Kansas mineral land disposal of as, 4654. National forests, 5162-5173. Allotment to Indians not entitled to allotment on Indian reservation when more valuable for agricultural purposes, 4200. Homestead, 5162. Oklahoma, lands declared to be, 5027. Water rights protected, 4647. Tracts acquired for protection of water Sheds, game and fish protection, 5187b. Sale as homesteads, 5183. AGRICULTURAL, ORGANIZATIONS Anti-Trust laws, not to be forbidden, 8835f. Income tax, exemptions, 63361&ſa]. Postage on second, class mail matter of, 7358b. AGRICULTURE See Agricultural Colleges; ture, Department of; Eacperiment Stations; Insect Pests; Plants; Secretary of Agriculture; Weather Bºreau. Agricul- Agricultural AGRICULTURE (Cont'd) gricultural colleges, 8870–8877. Experiment stations, 8878–8897. Apples, standard barrel, grades, etc., 8732- 73 8737. Census, 4385. Matters included, 4387. Customs duties on products, 52910186-236). Department of, provisions relating to, 788– 839. Fairs, act authorizing special excise tax not applicable to, 5980h. Exemptions from internal revenue tax on admissions, etc., 6309%a. Implements, conservation, distribution, price fixing, etc., 31.15%a-31.15%rr. ſº- Indians, employment of persons to in- Struct, 4161. Fund for encouraging industry, 4124, 4125, 4125a. - Insect pests, 8748–8764. Plant Quarantine Act, 8752–8764. Reports, consuls to procure, 3167. Seeds and grains, 8741-8747. Selective draft of persons engaged in, 2044d. State departments periodical publications as second class mail matter, 7310. Vocational education, 93.90%a-9390%mm. AGRICULTURE, DEPARTMENT OF See Agricultural Eacperiment Stations; A nimals and Animal Industry; Irº- sect Pests; Plants; Secretary of Agriculture; Seeds; Special Agents; Weather Bureaw. General provisions, 788-852. Accounts, examination of by Auditor, 419, 420 Addressing machines, exchange of, 814. Advances, appropriations, 6649. Appropriations for forest service, 6650. Subscriptions for publications, 6652. Animals and animal products, sale or ex- change, 8.14d. Annual reports of Secretary, expenditures, 836, 837. Apparatus and equipment, exchange, 814a. Appropriations, contingent expenses, pur- Chases for bureaus from, reimburse- ment, 813. Lump fund appropriations, of typewriters, etc., from, 814. Payment of increased salaries, 6766. Reimbursement of appropriations for contingent expenses for pur- chases from, 813. Payment of additional compensation to Officers, or employés of government from, prohibited, 797. Purchase of mileage books, from, 809. Report of expenditure, of, 837. - Assignment of salaries, of employés, 808. Assistant chemist, salary, 793. Assistº Secretaries, appointment, 790, 790 a. Duties, 790, 790a. Salary, 790a, 791. - Assistant Superintendent of experimental gardens and grounds, salary, 793. Assistant superintendent of seed room, salary, 793. Attendants in museum, number, 793. Salaries, 793. Blue prints, sale of, 831. Books, exchange, 814c. Botanist, appointment, 794. Salary, 793. Buildings, rent of, reports, 837a. Bure; Animal Industry, establishment, 850. report of exchange purchased and mileage Appointment from to Federal Horti- cultural Board, 8764. Chemistry, application of laws, 795. Examination of specimens of foods and drugs, 8720. - Crop estimates, duties formerly per- formed by bureau of statistics, 795a. Details of employés from and to, 805, . 806. Examination of insecticides, etc., 8768. Forestry, laws made applicable to, 795. - Markets, administration of etc., 795aa. Plant Industry, laws made applicable to, 795 Purchases for from appropriations for contingent expenses, - Soils, laws made applicable to, 795. oaths, AGRICULTURE, DEPARTMENT OF (Cont'd) Bureaus (Cont'd) - Statistics, crop reports, 825-827. Duties to be performed by bureau of crop estimates, 795a. º Card index, of literature, sale of copies, - '830a.’ Of publications, sale of copies, 829, 830. Carpenter, salary, 793. Chemist, appointment, Salary, 793. Chief clerk, appointment, 794. Bond, 815. Salary, 793, 794. - Temporary performance of duties o Secretary, 794. Clerks, salaries, change in, payment out of lump funds, 799. - Commissioner, duties performed by Secre- tary of Agriculture, 819. - Computing machines, exchange of, 814. Cones, purchase for national forest with- out advertisement, 6834a. Contingent expenses, purchases from, ap- propriations for, 813. Co-operative extension work with Agri- cultural Colleges, 8877a. - Cotton crop reports, 825–827. Crop reports, monthly, 825, 825a. Department files, sale of, 833. Design and duties of, 788. - 'Disbursing clerk, administrative officer of fiscal affairs of department, 796. Deputy, authority, 796. Bond, 796. Liabilities, 796. Salary, 793. Division of accounts and disbursements, details of employés from and to, 806. Documents allotted to, Official Register, 794, Reports of director of office of experi- ment stations, 7134. Statutes at Large, 7072. Documents and reports, reports by De- partment of Agriculture on Agricultural Experiments Stations and co-operative agricultural extension work, 8897a. Domestic animals, inspection of establish- ments for preparation of viruses, etc., for, 8785(7). Reports as to suppression of conta- gious, etc., diseases among, 838. Duplicating machines, exchange of, 814. Employés, appointment, 794. Details of from and to division of ac- Counts and disbursements, bu- reaus and offices, 806. Library bureaus and offices, 805. Office of Secretary, 803. Enforcement of migratory bird trea- ty act, 8837e, Appendix p. 1795. Estimates, 838a. - Leaves of absence, 807, 807a. Salaries, 794. Additional compensation prohibit- ed, 797. Appropriations, 6766. Assignment, 808. Change in, payment out of lump funds, 799. Payment from roll of bureau, etc., Rate specified, 802. Street car fares, reimbursement, 812. Subsistence, 811. Traveling expenses, per diem in lieu of, 811. Purchase of mileage and mileage books, 809. Transfer from one station to an- other, 8.10 - Engineer, salary, 793. Entomologist, appointment, 794. Salary, 793. Equipment and apparatus, exchange, 814a. Establishment, 788. - Estimates for, 6721, 6723a. Exchange, addressing machines, 814. Animals or animal products not need- ed, 8.14d. Books, 814c. Motor vehicles, etc., report of, 814bbb. Of scientific apparatus and laboratory equipment, 814a. - Executive Department, 789. Expenditures, annual report of, 836, 837. Incidental expenses, lectures and in- structions, 3242. - Experiment station, expenditures, reports, 839a. GENERAL INDEX [Page 1966] [References are to sections, except where otherwise indicated.] AGRICULTURE, (Cont'd) - Extension work, between agricultural col- leges, reports of expenditures, 839a. Facilities for research accessible to stu- dents, etc., 9382, 9383. - Farmers' bulletins, allotment to Members of Congress, 828. Films, loan, rental, or sale, 832c. Forest maps, sale of, 831 Franks for seeds, 6994. Furniture, custody of, 817. Purchase from appropriations for con- tingent expenses, 813. Game birds, importation of eggs for prop- agation, 822. Preservation, etc., 821. Importation of nursery stock for experi- mental or Scientific purposes, 8752. Insecticides and fungicides, examinations, DEPARTMENT OF Investigations, pink bollworm, 827a. Reports to Congress, 838b. Vocational education, 939044cc. - Laborers, promotions without examination On transfer to classified service, 798. Lantern slides, sale of, 831, 832. Law clerks, detail of for service, 804. Laws applicable to continued in force, 792. Leaves of absence to employés, 807. In Alaska, Hawaii, Porto Rico, Guam, 807a. Librarian, salary, 793. Library, custody of property in, 817. Detail of employés from and to, 805. Exchange of books not needed, 814c. Lump fund appropriations, reimbursement of appropriations for contingent ex- penses for purchases, from, 813. Mails, free transmission, correspondence bulletins, etc., for furtherance of co- Operative agricultural extension work, 7380a. - Meat inspection, certificate filed with, 8681 (16), 8713. - Microscopist, salary, 793. Mºtory game and insectivorous birds, 837. Motor boats, purchase, maintenance, and equipment, 814b. Motor vehicles, exchange, 814bb. Nursery stock, purchase for national for- est without advertisement, 6834a. Officers, additional compensation to, pro- hibited, 797. Clerks and employés, 6721. Commissions, 3250. Salaries, change in, payment out of lump funds, 799. - Rate specified, 802. Street car fares, reimbursement, 812. estimates for, Subsistence, 811. - Traveling expenses, per diem in lieu of, 811. - Transfer from One station to an- Other, Passenger carrying vehicles, purchase, maintenance, etc., 814b. Pedigree of imported animals submitted to, 5291397). - Photographic prints, sale of, 831, 832. Plants, purchase and distribution of, 818, 820. Potash, sales of, 832b. - Potomac Park, temporary occupation by, 3365. * , Printed packets for mailing seeds, bulbs, etc., 820a. Promotions in service, 843. Property, custody of by Secretary, 817. Sale of condemned property, 831. Provisions relating to all departments ap- plicable to, 789. Publigº, Card indexes, sale of copies, , 830. Sale of worthless publications, 833. Purchase of Supplies, advertisement un- necessary When amount does not exceed $50, 6834. Advertisement unnecessary, stock, Seed, etc., ests, 6834a. Pure Food and Drugs Act, report of Sec- retary as to Compensation or expenses of officers, under, 839. Records, custody of by Secretary, 817. Registered mail, 7371. - Rent of buildings, reports, 837a. Reports, compensation or expenses of offi- cers under Pure Food and Drugs Act, 839. - To Congress, 838b. , nursery for national for- investigations, Stationery, AGRICULTURE, (Cont'd) Reports (Cont'd) - Co-operative agricultural extension Work, printing and distribution of Copies, 88.97a. - - rºse of motor vehicles, DEPARTMENT OF etc., Fºrment stations, extension work, a. Secretary, allotment of, copies, 7054. Suppression of contagious diseases, among domestic animals, 838. Transmitted free, 7380. Salaries, change in, payment out of lump funds, 799. Sales, animals or animal products not needed, 814d. Copies of card index. 830a. Films, 832c. . Potash obtained from 832b. - Samples of pure sugars, naval stores, microscopical Specimens and other, products, 832a. Samples, sales, 832a. sººtine investigators, Salary, maximum, experiments, Seal, 816. & Secretary, annual report, 835. Appointment, 789. Bond, 815. - - Control and supervision of depart- ment, 789. Duties of former Commissioner of Ag- riculture, performed by, 819. General powers and duties, 818. Salary, 791. Special reports, 835. Seeds, packets, contract for furnishing, a. Pºhase and distribution of, 788, 818, Purchase for national forest Without advertisement, 6834a. Transmitted free, 7380. Soils Division, report on field operations, number of copies, advance sheets, dis- tribution, 7096. - Solicitor, legal work of Department per- formed under, 824. . purchase from appropriations for contingent expenses, 813. Statistician, salary, 793. Superintendent, experimental gardens and grounds, salary, 793. Folding room, 793. Seed room, salary, 793. Supplies, purchase from appropriations for contingent expenses, 813. Transparencies, sale of, 831. Travºs expenses, details of employés, Officers and employés, per diem in lieu of, 811. Purchase of books, 809. Transfer from one station to another, 810 - mileage and .mileage Typewriters, exchange of, 814. Vehicles, purchase, maintenance, 814b, 814bb. Vocational education, investigations, etc., 9390%.cc. Waste paper, sale of, 833. Watchman, powers and duties, 834. Weather bureau, 840–849. Printing, 845a. Weights and measures, examination, test of Climax baskets and other containers for small fruits and vegetables, 89070 Wild birds, preservation, etc., 821. AGROSTOLOGY Division of, 795. AIDERS AND ABETTORS See Crimes and Offenses. etc., AIDES-ROE-CAMP Brigadier generals, 1757. Pay, 2089. General officers of General Staff Corps, not within legislation, 1763. - Major generals, 1757. Pay, 2089. National guard, pay, 3044 u. Navy, detail of line officer as aid to . commanding officer, 2663. Rear-admirals, pay, 2826. AMGRETTES : Importation forbidden, AILANTUS TREES Pºine in public grounds prohibited, 5291 (347). AIRCRAFT See Aviation ; tion, Section. Aircraft production corporations, assign- ment of officers or men of military fºice to, 3115*/s2.j. Appendix P. Capital stock, amount, 31.151/32 g, Ap- pendix p. 1771. Purchase by TJnited States, 3115*/32h, Appendix p. 1. Civilian employés, 31151/3 2.j, Appen- dix p. 1771. Dissolution, 31151/321, Aviation Corps ; Alvia- 7 Appendix p. 1771. Fººtion of, 31151/32 g, Appendix p. Transfer of existing contracts to United States, purchase of stock of aircraft production corporations, 31151/3 2.h, Appendix p. 1771. Alien enemies not to ascend in, 7615. Board, appointment, 3115*/32b. Appropriation for, 3115*/32e. Civilian chairman, 3115*/32b. Clerks and employés, 3115*/s2e. . Compensation of civilian members, 3115*/32C. Composition, 3115*/32b. General powers and duties, 3115*/s2d. Number, 3115*/32b. - Offices, etc., 3115*/32e. Purpose of, 3115*/82a. Report of expenditures, 3115/32e. Terms of office, 3115*/32c. Collecting information with respect to movement, etc., in time of war, 102.12b. Condemnation of timber, sawmills, etc., 6911aa, Appendix p. 1784. - Expositions, proclamation of prohibiting, 10212a. Flying of civilian air craft, proclamation of President regulating, 102.12a. Naval, claims for damages to private property from operations of, adjustment by Secretary of Navy, 652b, Appendix p. 1744. Obtaining information concerning, 102.12a. Patents, purchase, etc., of, 3115*/32f. Possession by alien enemies, 7615. Sale of airplane war material, 1972bb. Stations, alien enemies not to approach within one-half mile of, 7615. ALABAMA Clearance from ports in, of vessels laden with live-oak timber, 4982. District attorneys, 1341. District clerks, 1052. <> Deputy, 1052. District court terms, 1052. District judges, middle district, 968. Judicial districts, 1052. President Marshals, 1341. Mineral lands, coal lands, agricultural entry, 4670. Pººsal of as agricultural, 4655–4657, 755. Homestead entry, 4657. Naval reservations, restoration to public domain, etc., 4985. - Tolls, canal at Muscle and Colbert's - Shoals on Tennessee River, etc., may be imposed, 9837. Tennessee, Coosa, Cahawba, and Black Warrior Rivers, free, except, etc., 9836, 9837. ALASKA See Seal Fishery. Advance from appropriation “Boundary Line, Alaska and Canada, and the United States and Canada, ’’ 67952. Agricultural experiment station, use and abandonment, 5045b. Appeal and error, circuit courts of ap- peals, 1125. Court of Customs Appeals, time for, 1189. Army service, computation for retirement, 2087. Arrests, employés in school service, 3609. Violations of game laws, 3621 ‘. . Bankruptcy courts, jurisdiction and pow- ers, 9586. . . Banks, federal reserve district, 9786(1). National banks, reserves, 9801(2) c. Bills of lading, order bills of interstate carriers, may be issued in parts or sets, 8604bb, 8604c. . Bonded warehouses, withdrawal of mer- chandise for exportation to British Co- lumbia, etc., 5694. GENERAI, INDEX \ [Page 1967] [References are to sections, except where otherwise indicated.] ALASEKA (Cont'd) Bonds, clerk of district court, 3574. Commissioners of courts, 3574. Marshal, 3571. Notaries public, 3584. Road Overseers, 3596. Treasurer of school board, 3604, 3605. Cable or telegraph lines, estimates for ex- tension, 6704. Census, 4385. sº agents in lieu of supervisors, Coal lands, adverse claims and proceed- ings thereon, 5073. Associations or corporations to per- fect entry and acquire title, 5075. cººlidation of claims or locations, 075, Disposition, method of, 5078p. Disposition of proceeds, 3593c. Forfeitures of lands or deposits for unlawful combination, etc., 5077. Homestead entries, prohibited, 5046. Laws continued in force, 5074. Laws extended to, 5070. Leases, 5078a–5078r. Adverse claims, 5078n. Assignment, 5078m. Cancellation, 50780. Consolidation permitted, 50786. Division into leasing blocks, 5078c. Easements over leased lands, 5078l. Forfeiture, 50780. Interest in more than one lease prohibited, 5078f, 5078g. Lessees’ possession deemed posses- sion of United States, 5078m. Licenses, 5078k. Method of letting, 5078c. Monopolies, etc., prohibited, 5078i. New lease, 50786. * Pending proceedings and claims, 5078p. Period of duration, 5078.j. Proceeds, disposition of, 5078.j. Provisions of, 5078m. Relinquishment of pending claims, 5078c. & Restriction on amount acquired by railroads, 5078c. Royalties and rentals, 5078.j. Statements, etc., form of, 5078q. Subletting, 5078m. Surveys, 5078a. Location of lands on which mine has been opened or improved, filing no- tice, 5071. Patents, notice of application, 5072. Recital of conditions, 5078. Pending claims to be adjudicated with- in one year, 5078c. Pending proceedings and claims un- affected by leasing act, 5078p. Preference right of United States to purchase product of mine, 5076. Price, 5072. Purchase for trade or manufacture prohibited, 5082, 5091. Relinquishment of pending claims, 5078C. Reservation from rights of Way, 5083, 5087. Reservation from use, location, etc., Selection of for fuel for navy, 2804.hh, Appendix p. 1765. Surveys, 5078a. Title to shores of navigable Waters not to be acquired, 5072. Coasting trade, great districts, 8100. Regulations, 81.11. Collector of customs, member of CanvaS- sing board, 3555. Powers as to offenses relating to fur- bearing animals, 8851. Commissioner of Education, sale of rein- deer, etc., 3613a, Appendix p. 1775. Commissioners of courts, appointment of road overseers, 3595. Jurisdiction over insane persons, 3610. Legislative power over, 3544a. Coroners, legislative power over, 3544a. Costs, criminal prosecution, 3544a. Courts, powers, 3544a. Transmission of accounts, 430. Crimes and offenses, costs of prosecution, 3544a. Customs duties, law relating to unlading of foreign vessels applicable to, 5821. Damages, liability of notaries public, 3586. Pºgate in Congress, election, time for, 3559. ALASKA (Cont'd) Delegate in Congress (Cont'd) Qualifications, powers and compensa- tion, 3545. Department of agriculture, leave of absence, 807a. Deputy marshals, fees, 3573. Legislative power over, 3544a. Detachment of officers to Alaska Road Commission, 1999c. Detail or detachment of army officers to Alaska railroad, 1999c. District attorney, appointment, 3572. Duties, residence, salaries, 3568. Fees, laws inapplicable, 1431. Penalty for road overseers neglect of duty, collected by, 3600. Prosecution of persons removing gold, etc., in action to enforce miner’s liens, 5069. District court, appeals and writs of error to Supreme Courts of United States, 1224. Clerk, appointment, 3566, 3567. Bond, 3574. Duties, 3567. Ex officio recorder of recording di- vision, 3575. Fees, .3572. Accounts of fees and expenses of commissioners and mar- shals to be sent to, 3573. * Insanity proceedings paid by, 3610. employés, Legislative power over, 35448. Notaries’ bonds approved by, 3584. Notaries’ records deposited with, 3582, 3583. Recorders of instruments, 3567. Reports and accounts of moneys received, 1399. Salaries, 3572. Commissioners, appointment, 3566. Bonds, 3574. Ex Officio recorder, 3575. Fees, 3573. Divisions, 3564. Judges, appointment, 3572. Approval of accounts, of fees by, 57 Audit of fees in insanity proceed- ings by, 3610. Clerks appointed by, 3566. Relief of indigents, 3592. Residence, 1236. Traveling expenSeS, Jurisdiction, 3565. Actions under copyright laws, 9547, 9555. Prosecutions, 3625. 3643. etc., 1236. unlawful fishing, Unlawful taking of fur seal and - sea otter, 8845. Organization, 3564. Recording district established by, 3575. Rooms, 3588. Terms, 3564. Divorces, restrictions upon, 3536. Docks, acquirement by government rail- road, 3593a (1) Elections, ballot, 3552. Board, 3549. Canvass of votes, Vacancies, 3551. Canvass of votes, 3554. Canvassing board, 3555. Compensation of officers, 3556. Districts and precincts, 3547, 3548. Expenses, payment of, 3557. Fees, publication of notices, 3556. Judges of election, appointment, 3547, 3548 Canvass of votes, 3554. Powers and duties, 3549. Vacancies, 3551. Notices, 3547, 3548. Oath of challenged voters, 3553. Offenses, 3558. Qualifications of voters, 3532, 3546. School election, 3604, 3605. , Watchers, 3550. Employes’ Compensation Act, transfer of administration to Alaska, engineering commission, 8932uu. Engineering commission, transfer of ad- ministration of Employés’ Compensation Act to in certain cases, 8932uu. Eskimos, education under direction of Secretary of Interior, 3607. Fees, admission to bar, commissions to ºries public, etc., disposal of, 3589. r 3554. ALASKA (Cont'd) Fees (Cont'd) Attorney General to prescribe where not fixed by law, 3587 Commissioners and deputy marshals, eXcess paid to clerks, 3573. Employés in School service acting as peace officers, 3609. Insanity proceedings, 3610. Licenses for hunting and shipping game, 3619. Secretary, benefit of Alaska historical * library and museum, 3590. Fish and fisheries, agents in lieu of in- Spectors, 3640. Agents to enforce liquor laws, 36430 Aliens prohibited from fishing, excep- tions, 3623. Catching with rod, spear or gaff, ex- cepted from act, 3638. Enforcement of law by Secretary of Commerce, 858, 3641. Inspectors, 3639, 3640. Jurisdiction of prosecutions, 3625. Licenses, 3628. Misbranding products prohibited, 3636. Punishments, 3642. - Rºlation by secretary of commerce, Reports, 3637. Salmon fisheries, 3628–3643. Vessels violating act forfeited, 3626. Forest services, agents to enforce liq- uor laws, 36430. * Leaves of absence to employes, 5155. Fºund for educational purposes from pub- lic land reservations, 5045a. - Fur seal, etc., 8838–8865. Fisheries, accounts relating to, exam- ination of by Auditor, 420, 421. Jurisdiction transferred to Secre- tary of Commerce, 858. Game, birds, eggs protected, 3614. Game animals defined, 3615. Game birds defined, 3615. Hunting, license, 3619. Limitation on quantity, 3617. Restrictions on manner of hunting, Offenses, 3621. Open season, 36.16, 3622. Sale prohibited, 3618. Scientific Specimens may be collected, Shipping license, 3619. Shipments without license, 3620. Wanton destruction prohibited, 3615. Wardens, employment of, 3619. Game laws enforced by, 3621. Governor, appointment, 3572. Disbursement of legislative expenses by, 3542. 4 Enforcement of liquor law, 36430. Bºordinary session of legislature, 933. Guides regulated by, 3619. - Hunting and shipping licenses issued by, 3619. Laws transmitted to President, 3543. Legislative power over, 3544a. Member of canvassing board, 3555. Notaries public, appointed by, 3560. Commission, 3585. Powers and duties, 3560. - Reports, annually to President, 3560. Condition of schools, 3603. Salary, 3572. - School fund apportioned by, 3605. Secretary to act in case of vacancy or absence, 3572. # spºntendent of public, instruction, Veto power, 3541. Guides, license, 3619. Historical library and museum, depository of government publications, 3591. Fund, 3589. - Matters embraced in collection, 3589. Secretary’s fees for benefit of, 3590. Hospitals, admission to, 36.11a. Indebtedness, limitations upon, 3536. Indians, education under direction of Sec- retary of Interior, 3607. Metlakahtla Indians may be licensed as masters of vessels, etc., 8188, 8189. Public lands, allotments, 5096. Indigent, etc., persons, fund for benefit of, 3592, 3593. Insane persons, admission to hospitals, 36.11a, Appendix p. 1775. Care, contracts for, 3611. Proceedings for commitment, 3610. GENERAL INDEX ALASKA (Cont'd) International boundaries, appropriations to chiefs of parties, 6795a. Intoxicating liquors, additional legislation by territorial legislature, 36434. Arrests, warrants, 3643j. Warrants, sufficiency, 3643.jj. Congress to regulate, 3536. Definitions, 3643b, 3643gq. - Delivery of in violation of act, 3643hh. I)estruction of, 3643m. - Devices to evade act unlawful, 3643ii. Disturbance of peace by drunken person, 3643i. . Drinking in or on passenger coach, 3643i. Enforcement of act by officers, 36430. Evidence to sustain convictions, 3643jj. - Forfeitures of, 3643m. - Importing or carrying into territory in violation of act, punishment, 3643hh, 3643p. º - Indictments, sufficiency, 3643jj. Informations, filing, 364300. Sufficiency, 3643.jj. Intoxication, in or on passenger coach, etc., 3643i. In public place, etc., 3643i. On public or private road, 3643i. Issue of internal revenue Special stamp or receipts, copy of stamps or records as evidence, 3643nn. Prima facie evidence of Sale, | 3643mn. Keeping, etc., clubhouse, etc., for use, gift, sale, etc. of, locker System, 3643ii. Punishment, 3643ii. Witnesses, 3643ii. -> Liquor licenses, grant by district courts, 3643pp. Manufacture, sale, etc. prohibition of, punishment, 3643b. e a Masculine gender to include feminine, 364340. - No property in liquors illegally man- ufactured, etc., 3643m. Permits for alcohol for scientific, etc., purposes, application, for, 3643ff. Câncellation and keeping, 3643gg. Display of copies, 3643gg. Form, 3643g. One sale 3643gg. Sale or keeping without copy of attached to container prohibit- ed, 3643gg. Permitting manufacture, only authorized by, transporta- tion, etc., by owner, etc. of build- | ing, vehicle, etc., 3643h. Pharmacists, revocation of 3643n. Prima facie evidence, 3643j, 3643nn. Public nuisances, abatement, 3643k. Abatement, actions for, 3643kk. Forfeiture of lease for mainte- nance, etc., by tenants, 3643!. Injunction bond, 3643kk. Violations of, contempt, 3643kk. Punishment, 3643kk. Knowingly permitting mainte- nance of by owner, etc., of build- ing, punishment, 3643!l. Maintenance, etc., punishment, 3643k. - Places declared to be, 3643k. Punishments for violations of act, 3643mm. - Receiving or having in possession in violation of act, 3643hh. Receiving or receipting for in false or fictitious names, 3643e. Repeal provision, 3643r. Revenues, expenditure, 3592, 3593. Sales in violation of act, 3643hh. Searches and seizures, 3643i, 364 Shipments in violation of act, 3643hh. Shipments to false or fictitious naumes or persons, 3643e. Singular number to include plural, 364340. Time of talking effect of act, 3643r. Transportation in Violation of act, 3643hh. license, Transportation of alcohol by pharma- | cists, permits, 3643bb. Permits, application for, 3643c. Attaching to packages, 3643dd. Cancellation on delivery of packages, 3643dd. - Contents, 3643d. Form of, 3643cc. advances from [Page 1968] [References are to sections, except where otherwise ALASKA (Cont'd) Intoxicating liquors (Cont'd) Transportation of alcohol by pharma- cists (Cont'd) Issue, 3643cc, 3643d. Records of, 3643d. Records of shipments, - evidence, 3643e. Duty to keep, 3643e. Wine for, sacramental purposes, Cer- tificates attached to shipments, 3643ee. - Certificates attached to shipments, refusal to deliver without, 3643f. Records of shipments and deliv- eries, 3643f. Islands considered part of the mainland within Chinese Exclusion Act, 4337. Justice of the peace, court to act as, 3566. Legislative power over, 3544a. Laws, annulment by Congress, Continued in force, 3530. Legislature, election of members, 3532. Elective franchise may be extended to women by, 3536. Enacting clause of laws, 3535. Expenditures for educational purposes, 5045a. - Expenses paid by United States, 3542. Members, exemptions, 3539. º Holding certain offices forbidden, copies aS 3544. 3538. Qualifications and compensation, 3531. Officers, 3537. Organization, 3534. Passage of laws, 3540. Powers, 3544a. Limitations, 3536. Printing of laws, 3543. Rºlº quorum and majority of houses, Sessions, 3533. Special election, 3559. Subject and title of acts, 3535. Veto power of governor, 3541. Lieu lands, reservation of school lands upon homestead entries, 5045a. *; for construction of Alaska, railway, Lottery, prohibited, 3536. Marshals, appointment, 3572. Bond, 3571. Collection of liquor licenses, 3592. Custodian of public buildings, 3588. Deputies and assistants, 3569. Fees, laws inapplicable, 1431. Gambling implements seized by, 3536. G; illegally shipped delivered to, Game laws enforced by, 3621. Insane person transported to asylum. by, 3610. Legislative power over, 3544a. Powers and duties, 3569. Receivers of public moneys at Fair- banks, ex officio, 4520. Residence, 3570. Salary, 3572. Mineral lands, adverse claims or adverse ;" time for filing or instituting, 3. Annual labor or improvements On claims, affidavits, 5051. Fees for filing, etc., proof of, 5052. Forfeiture of claim, 5051. Placer claims, 5054. Canadian native born citizens, mining rights, 5048. - Coal lands, 5071-5078w. Disposition of proceeds, 3593c. Homestead entries on, prohibited, 5046. Location, recording notices of, 3577. Restrictions on by attorneys, 5055. Restrictions on by owners, 5056. Miners’ labor lien, 5059–5069. Apportionment of proceeds among preferred claimants, 5067. Claim for, form, 5060. . Time of filing, 5060. Foreclosure, adverse claims, 5065. Amendments of notice and pleadings, 5064. Appeal from Justice, 5068. Attorneys fees, 5066. - Consolidation of actions, 5066. Continuance, 5064. Costs, 5066. Pºt of cash in lieu of gold, Disposition of proceeds, 5067. Errors of form, 5064. - commissioners of . indicated.] ALASKA (Cont'd) Mineral lands (Cont'd) Miners’ labor lien (Cont'd) Foreclosure (Cont'd) - * Excess paid to owner after 90 days, 5068. Extraction and deposit of gold pending appeal, 5068. Extraction of gold by marshal or by defendant, 5067. Joinder of claimants, 5066. Judgment, 5067. - Jurisdiction, 5063. Justice of the Peace, 5063. Lien notice filed as statement of case, 5065. - Order for sale of dump, etc., 5067. Summons, issuance, service, posting, 5065. Larceny, person removing dump, etc., from possession of officer, 5069 Limitation, 5062. Notice, amendment, 5064. - Liability of persons buying, etc., gold, 5069. Pošting, 5065. Priorities, 5059. Recording claim, Waiver void, 5066 Miners’ regulations, 5047. Regulations not to conflict with mining laws, 5047. Mining below tide, exclusive permit forbidden, 5047. Mining laws extended to, 5047. Notice of location, form, 5060. Recording, 5049. - Miners’ regulations for, 5050. Placer claims, 5054-5058. Annual assessment work, amount, 5054. Area, and shape, 5057. Association claims limited acres, 5054. Location, by associations, 5056. Power of attorney to locate, fees, 5061. to 40 Restrictions on locations by at- torneys, 5055. Restrictions On. owners, 5056. In violation of act void, 5058. Purchase for trade or manufacture, prohibited, 5082, 5091. Recorder, election of, 5050. Records legalized, 5050. Reservation for educational purposes, 5045a. Reservation of minerals from rights of way, 5083, 5087. Reservation of road way not to apply to, 5047. * Mining, experimental and safety stations, 87 locations by 787a. Mt. McKinley National Park, 5249 r- 5249 uu. National Defense Act to apply to, 3044d. National forests, taking earth, Stone and timber for use of government railway, 5138a. Naval stores, sales of, 2810. Notaries public, appointment, 3560. Bond, 3584. Commissioners of court to have pow- ers of, 3566. Duties, 3580. Liabilitv for damages, 3586. Oath, 3585. Protésts to be prima facie evidence, Qualification and commission, 3585. Records, 3582, 3583. Residence and term of Office, 3579. Opium, registration and tax, act applica- ble to, 6287h. Organization as territory, 3528. Peace officers, employés in School Service, 3609. - “Person” includes, 31.15%bb. Probate court, legislative power over, 3544a. Public buildings, court rooms, 3588. Public lands, 5045–5096. Allotments to Indians or Eskimos as homesteads, 5096. Disposition of proceeds, 3593c. Grants for railroad purposes, 3593a.(5). Homestead, additional entry, 5046a, Appendix p. 1777. GENERAL INDEX [Reference ALASKA (Cont'd) Public lands (Cont'd) Homestead (Cont'd) - Additional entry, unsurveyed lands, 5046aa, Appendix p. 1778. Homestead lands excepted, 5046b, Appendix p. 1778. Commutation, 5046. Contracts for conveyance, 5046. Entries. mineral or coal lands ex- cluded, 5046. Former entry not a bar, 5046a. 5046a, Appendix p. 1777. Islands and land excepted, 5046b. 5046b, Appendix p. 1778. flaws extended, 5046. § Limitation of amount of entry, 5046. Patents, 5046. Record of location, 5046. - Reservation of other lands in lieu of, 5045a. Restriction of transfers, 5046. Soldiers’ additional, 5046. TJnsurveyed lands, 5046. Jail sites, 3588. Land districts and offices, 4517-4522. Registers and receivers, district clerks to be registers at Nome and Fairbanks, 4520. Marshals to be receivers ex of- ficio at Nome and Fairbanks, 4520. Lease of lands reserved for education- al purposes, 5045a. - Missionary stations, 5094, 5095. Patents, reservations in, 3593a.(5). Purchase for trade or manufacture, adverse claim, 5080, 5091. Applications, 5091. 'Deposits for surveys, 5081. Limitation of amount, 5080. Patents, 5091. Price, 5080, 5091. Proof, 5091. Reservation of lands and rights, 5082, 5091. . Surveys, 5081. ſº Waters and streams, 5091. Reservation, government railroad pur- poses, 3593a (5). - Rights of way, 5083-5090. Government railfoads, 3593a (5). Surveys, 5045. Timber, cutting, 4992. Sale, 5092. TJse by settlers, miners, etc., 5092. Town-sites, entries, 5079 Lands excluded, 5082. Limitation of entry, 5079. Purchase for trade or manufacture prohibited, 5082. Reservation of roadway not to apply to, 5047. Surveys, 5079. Withdrawal from entry and dis- posal, 3593a, (4). Withdrawal from settlement, location, etc. 3593a (4), 4523-4525. School lands, 5045a, 5045b. Pulp wood, export of, 5093. Railroads, 3593a–3593e. Government owned, appropriation for, 3593b. Compensation of officers and em- ployés, 3593a (1). Condemnation, 3593a (1). Construction, 3593a.(1). Cost, 3593b. Disposition of proceeds, 3593c. Eminent domain, 3593a (1). Engineer officers detailed 3593a (1). Income tax, 3593e. . - Joint transportation with Systems, 3593a.(1). Lease, 3593a (1). Maintenance, 3593a (1). Name, 3593a (1). Operation, 3593a.(1). Other roads acquirement, 3593a (1): Rates, regulation, 3593a (1). Reports, 3593c, 3593d. Right Of Way, 3593a (1). Route, 3593a (1). tºph and telephone lines, 3595 a, (2) . Withdrawal of lands, etc., 3593a (4). Income tax, 3593e. - License tax repealed, 3593e. COMP.ST.’18—124 - to, other acquirement, [Page 1969] s are to sections, except where otherwise indicated.] ALASKA (Cont'd) Railroads (Cont'd) - Public land grants or reservations, 3593a.(5). Taking earth, stone, and timber from national forests for use of govern- Iment railway, 5138a. Recorders, legislative power over, 3544a. Records, books, 3576. Fees, account for fees collected for instruments not recorded, 3578. Fºrbed by Attorney General, Instruments to be recorded, 3577. |Unrecorded instruments to be re- corded by officer’s successor, 3578. Recorders of instruments, court clerks to be, 3567. Recording districts, commissioner of court to be ex officio recorder, 3575. Courts may establish, 3575. Reqording divisions, clerk of court to be ex officio recorder, 3575. Reindeer, disposition by government, 3613. Sale, etc., 3613a, Appendix p. 1775. Reports, governor, 3560, 3603. Road Overseers, 3599. School boards, 3605, 3606. Rights of way, 5083-5090. - Assignment, 5089. Canyº etc., and graded Crossings, 5084. Transportation charges, right to regulate, 5084. Condemnation of land, preliminary surveys, 5085. - Forfeiture, 5086. Government railroad, 3593a.(1). Across public lands, 3593a.(5). Grant, 5083. Grounds for stations, etc., 5083. Map of location, 5086, 5090. Materials, 5083. Mortgages and liens, 5089. Navigable waters, piers and Wharves, 5083, 5091. Priority of rights, 5089. Repeal or amendment of act, 5089. Reservation of minerals and coal, 5083. Title to tide lands, etc., 5083. Wagon roads, etc., amendment, etc., of rights granted, 5087. Assignment, 5089. Forfeiture, 5087. Lands excluded, 5088. Liens, 5087. Map of location, 5087, 5090. Materials, 5087. Penalties, 5087. Persons entitled, 5087. Preliminary surveys, 5087. Priority of applicants, 5087. Priority of right, 5089. Reservation of minerals, 5087. Tolls, 5087. Roads and trails, Board of Road Commis- sioners, 3594, 3594a. Board of Road Commissioners, powers and duties, 3594, .3594a. Retired officers of army as mem- bers, 2079. Care and maintenance, 3594. Districts, 3595. Estimates for work on, 3602a, Appen- dix p. 1775. Fund, 3592, 3593. Expenditure, 3594. Location and construction, 3594. Overseers, accounts, 3597. Appointment, 3595. Compensation, 3601. Copies of road act, 3602. Duties, 3597-3600. . Penalty for neglect of duty, 3600. Reports, 3599. Term and qualification, 3596. Road work or tax, 3598. Salaries of Officers, 3572. School lands, 5095. Reservation of public lands for, 5045a, 5045b. . Schools, board, 3604, 3605. Board, report to governor, Districts, 3604, 3605. . Electors, qualifications, 3604, 3605. 3605. Employés as peace officers, 3609. Fund, 3592. - Governor to supervise, 3603. Treasurer, bond, 3604, 3605. White and colored children, etc., 3607a. White children, 3607. - ALASKA (Cont'd) Seat of government, .3529. Secretary, bond, 3563. Certify laws for transmission to Presi- dent, 3543. g Fees, 3562. - Governor in case of vacancy or ab- sence, 3572. Powers and duties, 3561. Surveyor-General to be, 3561. Signal Corps, 1862. - Superintendent of public instruction, gov- ernor to act as, 3603. - - Surveyor general, appointment, 3572, 4438. Member of canvassing board, 3555. Salary, 3572, 4443. - | Teachers, assignment of pay, 3608. Reimbursement for expenses, 3608. Telegraphs and telephones, disposition of proceeds, 3593c. “Territory” includes, 8776, 8818. TOWn Sites, expenditure of moneys re- ceived from sales of lots, etc., within, 3593dd. Trade with United States, clearance and entry of vessels, provisions for foreign trade applicable, 3523. Trial, place of, 3565. United States constitution and laws ex- tended to, 3530. Vessels, nationalization of vessels owned by residents of, 7718. Steam vessels, Metlakahtla Indiaris may be licensed as masters, etc., 8188, 8.189. . - Voters, qualifications, 3546. - War, officers and soldiers, entitled to benefits of Soldiers’ Home, 9264a. Wharf at Sitka, disposal, 3612a. Dockage charges, 3612. Fepairs, 3612a. * 3612a, Appendix p. 1775. Wharves, acquirement by government railroad, 3593a (1). ALASKA GOAL HLANDS ACT See Alaska. * Text of act, 5078a-5078r. ALASKA RAILROAD ACT See Allas/ca. Text of act, 3593a–3593d. ALASKA ROAD AND, TRAIL ACT See Allaska. Text of act, 3592, 3594. ALASKA SALMON FISHERIES ACT (See Alaska; Salmon. Fisheries. Text of act, 3628–3638, 3641–3643. ALCOHOL - See Distilled Spirits and Wines. Schools to teach effect of, 9379-9381. AHLHPRHCH ACT Currency, 6489, 6567, 9691, 9709. ALDRICH-VREELAND ACT National Currency Associations, 9692, 9693, 9709, 9714, 9752, 97.79. ALE See Fermine?vted Liquors. Special excise tax, amount, 6144a. ARLFALFA Importation of Seeds adulterated or unfit for seeding, 8744-8747. Tests of seeds, 8741. ATL}[AS WARRANTS Attachment in postal suits, 1550. ALHENATION See Co?vvey dºvces. ALIEN CONTRACT LABOR LAW See Contract Labor. ALHEN ENEMIES ACTS See Alliens ; Trading with Enemy. Text of act, 7615–7618. Trading with enemy, 31.15%a-31.15%j. 31.15%fff, Appendix p. 1772. ALIEN IMMIGRATION ACTS See I771,417.7 gratio?!. AHLIENS See Contract Labor; I'm Amigration. ‘Chinese eacclusion acts, see China, Chi- 47,628 €. Copyrights to, see Copyrights. Naturalization of, see Naturalization. Aiding or assisting certain aliens to en- ter, 4289% n. Alien enemies, naturalization, 4352(11). Removal, duties of marshal, 7618. Jurisdiction Of United States courts over, 7617. Persons liable, 7615. GENERAL INDEX [Page 1970] [References are to sections, except where otherwise ALIENS (Cont'd) Alien enemies (Cont'd) Removal (Cont'd) Proclamation of President, 7615. Time for, 7616. of vessels owned by, 8146.rr, 8.146s. Trading with, 31.15%a-31.15% j. Citizenship of children born abroad of ;" parents by naturalization, etc., Contracts for privileges at immigrant sta- tions prohibited, 4289%pp. Criminals, investigation of number penitentiaries, etc., 959. Departure from or entry into U. S., acts prohibited, 7628e. Definitions, 7628h. Permits, 7628e. Proclamation of President, 7628e. Prohibition of, 7628e. Punishment for violations of act, 7628g. Seizure, etc., in Distribution among states by Division of Information, 960. Engraving, selling, etc., plates counter- feiting certificates of citizenship, 10243. Enlistment in army, 1888. Enrollment or license of steamboats own- ed by resident aliens, 8062, 8063. Forging certificate of citizenship, 10242. Homestead entry, after filing declaration of intention, 4530. Female citizen does not prejudice rights by marrying, 4538b. Marriage with not to prejudice rights, 4538b. Income tax, 6336a.[a, b]. Computation, 6336f. - Nonresident aliens, returns, 6336hſf]. Jurisdiction of courts, circuit courts of appeals, 1120. Court of claims, 1146. District court, 991(1). Removal of suits, 1016. Supreme Court, 1210. Torts, 991(17). Land, conveyance by in territories, 3493. Ownership in District of Columbia, 3496–3498. Ownership in territories prohibited, 3490 * Exceptions, 3490-3492. Hawaii, 3714 Marriage of female citizen with, not to prejudice rights to land patent, 4538b. Military duty, 1714. Pensions not allowed to aliens Serving in the Indian wars, 9058. Piracy by, 10478. Registration and drafting of friendly aliens, 2044% (a)-2044% (c), Appendix p. 1757. - Reports of aliens arriving in United States, 306. Vessels of United States not to be owned or officered by, 7707. White slave traffic, 8817. ALIENS’ REAL ESTATE OWNERSHIP ACTS See Allie??.S. Territories, 3490–3496, 3498-3500. ALIMONY Discharge in bankruptcy, 9601. AHLLEGIANCE Naturalized citizens to foreign power, 3959. Oath of, aliens applying for naturaliza- tion, 4352(2, 3, 7), 4366. - Declaration of intention to become citizen, 4352(1). Indian claimants for pension, not re- quired to take, 9022. Navy officers and men, 2807. Parties prosecuting claims before de- partments, 6385, 6386. Persons enrolling in naval reserve force, 2900%a (8). ALLIANCES States, prohibition (Const. art. 1, § 10, cl. 1), p. 1. ALLOTMENT See Indian Lands; War Risk Insur- O,71, C6. Appropriations for Indian service, 6789. Pay, officers, enlisted men and civilian employés in army, 2170a. Officers of Navy and Marine Corps, ALLOTMENT (Cont'd) Pay (Cont'd) Offieers of public health service, 9136a, Appendix p. 1796. Tribal funds to individual Indians, 4078. United States bonds to Federal reserve banks on retirement of circulation of member bank, 980002). Wages of seamen, 8323. ALLOY Articles made of gold or silver, 8805-88.11. Five cent pieces, to be of copper and nickel, 6458. Gold coins, to be of cooper, or copper and silver, 6457. One Cent pieces, to be of copper, tin, and Zinc, 6458. Silver coins, to be of copper, 6457. ALLY OF ENEMY See Trading with Enemy. Trading with, 31.15% a-31.15%j. ALMANACS X--- See Alºnerican Ephemeris and Nawitical 4.lºng?vag; . . Astronomical Allmanacs; Nawtical Allmanac and Books. ALTERATION See Counterfeiting; Forgery. Bills of lading of interstate carrier, 8604g. Cºr's accounts, records, etc., penalty, Discharge from military or naval serv- ice, 10242a. Enrollment or license of vessel, 8130. Labels or marks on packages of viruses, serums, etc., 8779. Mºi, inspection marks, etc., 8681(9), 8683, Passports, 7628d. Permits to depart from or enter into United States, 7628e. * Plant inspection certificate, 8762. Records, process, etc., 10297. Soldiers’ clothing, 2181, 2182. ...ALTTERNATES Naval academy candidates, 2727. AMBASSADORS See Consular Officers; ficers. Absence without leave, 3199. Appointment (Const. art. 2, § 2, c1. 2). Argentina, appointment and salary, 3122a. Books from library of congress, 139. Cases affecting, Supreme Court’s original jurisdiction (Const. art. 3, § 2, cl. 2). Chili, appointment and salary, 3122b. Creation of new ambassadorships, 3121. Diplomatic officers, 3116. Judicial authority of ministers and con- Suls of United States in certain foreign countries, 7633-7676, 7688, 7690. Judicial power of United States extended to cases affecting (Const. art. 3, § 2, cl. 1). Jurisdiction of suits against, 1210, 1233(8). Management of foreign affairs by Secre- tary of State, 300. Mandamus, jurisdiction of Court, 1211. Pass-ports to citizens of United States, is- sue, 7623-7628. Process against, void, 7611. Penalty for suing out, 7612. Reception by president (Const. Diplomatic Of- Supreme art. 2, Salaries, 31.17, T. during which salary is payable, 3.198 Spain, appointment and Salary, 3122. Transaction of business prohibited, 3130d. Violence to, punishment, 7610. AMIBROSE CHANNEL Regulations for navigation, 9932. AMBULANCES Army, purchase of motor ambulances without advertisement, 6832a. 6832a, Appendix p. 1783. AMBULANCE SERVICE Hospital corps, navy, 2515a. AMENDMENTS Appeals in prize causes, 1665. Articles of Association of National Bank, 9666, 9669. Constitution (Const. art. 5). Promulgation by Secretary of State, 303. Court’s general power to allow, 1580, 1591. Franchises, etc., in Porto Rico, 3803pp. Laws of Porto Rico, 3803m. indicated.] AMENDMENTS (Cont'd) Legislative bills pending enactment in Porto Rico, 3803n. Minor’s lien notice in Alaska, 5064. Pleading, action to foreclose miner's lien in Alaska, 5064. Change of action to law or to equity, 1251a. To show diversity of citizenship of parties, 1251c. Process, 1580, 1591. Return of habeas corpus, 1288. Revenue bills, Senate may propose (Const. art. 1, § 7, cl. 1). Writs of error, 1664. AMERICAN CITIZENS See Citizens. AMERICAN EPHEMDERHS AND NAUTI- CAL AILMANAC Exchange of data, with foreign Offices, 663, 664. Printing and distribution, 7057, 7058. Supervision of, 663. AMERICAN EXPERIENCE TABLE OF MORTALITY Employés Compensation Act, determina- tion of present value, 8932gg. War risk insurance, 514 uuu, 514.V. AMERICAN HISTORICAL ASSOCIA- TION Reports, copies, distribution, 7079, 7121. AMERICAN MANUFACTORES Preference to, in making purchases, 6876, 6879. Pacific coast military supplies, 6845. Supplies for Congress, 95. AMERICAN NATIONAL RED See Red Cross Associatio?!. AMERICAN PRINTING HOUSE FOR BLINHD . See Blind. AMERICAN REPUBLICS See Argentina. Commercial bureau of, 7681, 7682. Official matter transmitted free, 7373. International union of, 7680. AMERICAN SEAMEN See Merchant Sea,777,671. AMERICAN VIESSELS See Vessels. AMMUNITION See Arms : A rmy , Home guards, 3093a. Manufacture of, procurement of Supplies for, 31.10a. Munition manufacturer’s 6336%a- 6336%m. Naval militia, for instruction in firing and target practice, 3078a (24). Nitrate plants, 3110b. - Possession by alien enemies, 7615. Sales of, 6941aa, Appendix p. 1784. Training camps to be supplied with, 3071b. Waste, punishment, 2308a, art. 84, 2969(15). AMNESTY Removal of disabilities imposed by sec- tion three of the Fourteenth Amendment to Constitution, 3219. AMINESTY ACTS Removal of disabilities under Fourteenth Amendment, 3219. AMOUNT IN CONTROVERSY Appeals, see Appeals. Jurisdiction of courts, see titles of the ºvcı,7°iotſ,S COM/rts. AMUSEMENTS Internal revenue tax on admissions to places of, 6309%a, 6309% c. ANACOSTIA REIVER, Harbor lines authorized, etc., 9913. ANAEYSIS Food and drugs, 8719, 8720. ANARCHISTS Exclusion from United States, 428914b. Aiding of assisting aliens to enter, 4289% n. Deportation, 4289%jj. ANCHORAGE Regulations, 9959a. Authority to make, 9959a. Establishment of grounds, etc., 9959a. In time of war, etc., 9959%a-9959%d, 10514a–105.14d. Kennebec river at Bath, Maine, penal. ty, 19957, 9958. CROSS Nitrate Pldºts. tax, GENERAL INDEx [Page 1971.I [References are to sections, except where otherwise indicated.] ANCHORAGE (Cont'd) Regulations (Cont'd) New York Harbor, 9.947. Extension to other waters, 9949. Penalty for violation, 9948. Pearl Harbor, Hawaii, 9959. Port of Chicago, 9950. Penalty for violation, 9951. Potomac river, 9952. St. Mary’s River, 9954. Enforcement by revenue cutters, 9955. Penalty for violation, 9956. Vessels not to obstruct range lights, 8442, 8442a. ANCILLARY JURISDICTION See Jurisdiction. ANIMAL INDUSTRY ACT See Animals and 47?imal Industry. Text of act, 838, 850, 8690–8697. ANIMAL QUARANTINE ACTS See Animals and Animal Industry. Text of act, 8698-8705, 10230. ANIMALS AND ANIMAHL INDUSTRY See Fwr Bearing Animals; Gaºne; Meat Inspection ; Seal Fishery : Sec- ºv of Agriculture ; Transporta- ØO%. - Aquatic animals, investigations and ex- periments, 904a, 904b. Bureau of animal industry, Chief of Bu- ..", qualification, duties, salary, 850. - Establishment, 850. - Expert detailed for duty on advisory board of hygienic laboratory, 9143. Offenses, assaulting, resisting, Officer or employé of, 10230. Reports, copies, distribution, 7055. Sale of animals purchased for use of, 8 Supervision of infected live stock, 8698. Census, animals slaughtered for food, 4387. Customs-duties, free importation, 5291 (398). - Free importation, exhibits, 5321, 5322. Pure bred, 5291 (397). .* Department of agriculture, change, 814d. Diseases, contagious, agents to examine and report on methods of treatment, etc., 8690. Contagious, importation, 8687. sale or ex- Importation, admission of tick-in- |. fested cattle, 8685, 8689a. Animals, free from may be im- ported, 5309. Quarantine, 8686. Suspension of importation, 8688. Payment for animals purchased, basis for computation and value of amount to be paid, 8706a. Payment for destruction of ani- mals to eradicate disease, 8706a. Report of suppression of, 838. District attorneys’ duty, 8697. District of Columbia, duty of Com- missioners, 8696. Pleuro-pneumonia, 8696. - Exportation of diseased stock, preven- tion, 8693. - Fences along international boundary lines to keep out, 8707. Inspection, animals imported, 8689. Cattle intended for export, 8689. Investigations as to pleuro-pneumonia, ; other contagious, etc., diseases, 692. Notice to railroads, etc., in infected locality, 8695. Penalties, 8700, 8705. Quarantine, etc., 8701. District of Columbia, 8696. Imported cattle, etc., 8686. Moving cattle from quarantined State, etc., 8704. Penalty, 8705. Regulations for inspection, disin- fection, certification, etc., deliv- ery and Shipment from quaran- tined State, etc., 8703. Transportation or delivery there- for, from quarantined State or Territory, etc., 8702, 8705. Extension of law to carriers engaged in interstate com- merce, 8706. etc., i. ANIMAILS AND ANIMHAL INDUSTRY (Cont'd) - Diseases (Cont'd) Regulations, exportation and trans- ºation of infected live stock, Exportation and penalty, 8700. Importation for immediate slaugh- ter at ports of entry of tick in- fested cattle, 8689a. Prevention, 8699. - Suppression, co-operation of States and Territories, 8991. Reports as to suppression of, 838. Shipments after inspection, 8698. Slaughter of infected animals, praisal, payment, 8687. Tick infested animals imported for immediate slaughter at ports of entry, 8689a, Splenetic or Texas fever, not consid- ered contagious, etc., 8694 Supervision of Bureau of Animal In- dustry, 8698. Transportation of diseased stock, pro- hibited, 8694. Driving cattle on public lands, 10223. transportation, Permission to drive across military | reservations, 4920. Exchange, department of agriculture, 814d. Grazing on Bull Run national forest, 10222. Importation, cattle prohibited, exceptions, certain animals forbidden, permits specimens for museums, etc., 10411. Diseased, etc., cattle, penalty, 8684. Except at quarantine ports, prohibited, 8687. Free from disease, 5309. State quarantine laws to regulate, 155. - Suspension, 8688. Tick infested cattle from Mexico into Texas, 8685, 8689a. Inspection, etc., 8681-8715. Appropriations, 8682. Exports, animals intended for, 8681 (10–12). Meat intended for export, 8709. Imported viruses, etc., 8785(3). Slaughtering, 8681(1). Interstate commerce, 8710. Meat products, 8681-8715. Products, sale or exchange of by depart- ment of agriculture, 814d. - Sale or exchange of animals purchase for Bureau of Animal Industry, 851. Transportation, care in transit, 8651-8656. Accommodations for export cattle, 8655. Penalties, 8656. Confinement in cars or vessels, limita- tion of time, 8651. 4. Feeding and watering, 8651, 8652. Lien for food, etc., 8652. Penalties, 8652, 8653. - Water transportation laws inapplica- ble, 8035. Passenger vessels, regulations, 8005 - Viruses, serums, etc., 8785. Destruction or return of worthless, etc., 8785(3). Importation, permit, 8785(2, 5). Prohibition, 8785(2). - Inspection of imported, 8785(3). Licensed establishments, 8785 (7). Licenses to establishments for prepa- ration, suspension, 8785. - Preparation in compliance with regu- lations, etc., 8785. Preparation, Sale, etc., etc., prohibited, 8785. Punishment for violations of law, 8785 ef Worthless, (8). Regulations for preparation, sale, etc., 8785(4). ANNAPOLIS NAVAL ACADEMY See Naval Alcademy. ANNETTE ISLAND : Homestead entry, excepted from, 5046b. 5046b, Appendix p. 1778. ANNUITIES See Indians. - . False demand for on fraudulent power of attorney, punishment, 10.198. ap- || Merchant Vessels to be ANNUITIES (Cont'd) False personation of person entitled to, punishment, 10197. ANSWER - See Pleading. ANTHETAMI BATTLEFIELD Superintendent, appointment, duties, and Salary, 9368. 9368, Appendix p. 1798. ANTI-IMMUNITY ACT Trusts and Interstate Commerce, 8580. ANTH-LOTTERY ACT Text of act, 7411, 7573, 10383. ANTI-MOIETY ACT - Informers, 1713, 5525, 5683, 5684, 57.14, 5796– 5804, 10132-10134. - ANTI-NARCOTHC ACT Text of act, 6287g–6287q. ANTM-PASS ACTS - Text of act, 8563(5), 8569, 8579, 8582–8585, 8592, 8596, 8597. ANTI-POLY GAMY ACTS Text of act, 1265, 1466, 1493, 3450, 10486, 10487, 10488. ANTHQUITIES - Appropriation, destruction, etc., of objects of antiquity on lands of United States, penalty, 5278. - Historic land marks, structures, etc., 5279. National monuments, 5279. Pºts for examination of ruins, Regulations for carrying out law, 5281. Relinquishment of private land claims, etc., Reservation of parcels of land, 5279. ANTH-SCORBUTHCS provided with, 8358, 8359 -- ANTI-TOXINS Prevention and cure of diseases of man, 8778–8784. - ANTI-TRUST ACT See Mo?vopolies. Text of act, 1243a–1243d, 1245a-1245e, 8602a, 8820–8823, 8827-8830, 8835a–8835p. APARTMENT HOUSES Census, duties of owner, etc., 4409. APOTHECARIES Internal-revenue tax, 5975. Pharmacists, members of hospital corps, 2513, 2514. - Regulation of practice of pharmacy and Sale of poisons in consular districts in China, 7696b-7696.n. APPEALS e See Circuit Courts of Appeals; Costs; Court of Appeals for District of Co- lunt bia; Court of Customs Appeals; Error, Writ of; Eacceptions, Bill of; Reºr Gºd; Supreme Court of District of Columbia; Supreme Court of United States; Transcripts. Arbitration, carriers and employés, judg- ment on award, 8673(1-4). " Attorney’s fees, 1378. Bankruptcy, 9609. Circuit courts of appeals, 1122. Supreme Court, e Board of in Office of Solicitor for Inte- rior Department, 672a. 672a, Appendix p. 1744. Boards of Special inquiry, 4289%ii. Bonds, 1660. Nºrequired of United States, etc. Census officers’ decisions, Secretary of Commerce, 866. Circuit courts of appeals, Court of Appeals. Civil rights law cases, 3930. Collector of internal revenue to commis. Sioner of internal revenue, income tax 63361". - Commerce Court cases, 995-1002. Condemnation of obscene matter and lot. tery tickets imported, 5301. - Consular Courts, appellate jurisdiction of ministers of United States in certair foreign countries, 7641. Civil cases, 7652. Criminal cases, 7639. Security, 7662. Copyright cases, 9559. See Circuit | Court of customs appeals, 1179–1190. District courts, miners’ lien cases, in Al aska, 5068. t Yellowstone Park commissioner’s pro. ceedings, 5.194. GENERAL INDEX IPage 1972.] [References are to sections, except where otherwise indicated.] APPEALS (Cont'd) . Forma pauperis, 1626. Habeas corpus cases, 1291-1293. Hawaiian courts, 3727. Indian, lands, allotment cases, 991(24), Compensation for right of way, 4183. Inspection cases, locomotive boilers, 8635. Steam vessel, 8214a–8214d, 8225. Internal Revenue cases, condition preced- ent to suit for recovery of taxes unlawfully collected, 5949. Filled cheese decisions; 6254. OleOmargarine decisions, 6226. Jºal Code, repeals by not to affect, N;ation obstruction cases, bridges, Patent cases, action of Court On appeal ; Commissioner of Patents, etc., 459. Commissioner of Patents to Court of Appeals of District of Columbia, Examiners-in-chief to Commissioner of Patents, 9455. Fees, 9482. - - Notice, of appeal from Commissioner of Patents, 9457. - Primary examiner to board of exam- iners-in-chief, 9454. Proceedings on appeal from Commis- sioner of Patents, 9458. Porto Rican Auditor, 3803gg, 3803h. Porto Rican courts, 3785, 3803r, 3803rr. Powerhºf district court pending, 1667, Sale by Order of court not prevented by, 8406. Security for costs, 8415. - Prize cases, 8413. - Amendments of, 1665, 84.13. Time for taking, 1650. Procedure, 1646–1673. Public land cases, commissioner of gen- eral land office, town site entries in Oklahoma, 5034. Reversal, defects of form, 1591. Secretary of Agriculture, to Congress, withholding certificate of amount due state for co-operative extension Work by Agricultural Colleges, 8877f. Soldiers’ claims for arrears of pay and bounty, 450. Submarine cable cases, 10099. . Supreme court, see Supreme Court of United States. Time for taking, 1228a, 1648, 1649. Interlocutory decrees relating to in- junctions - and receivers, 1121. º Trade-mark cases, examiner to Commis- Sioner, 9493. - --- . . Trading with the enemy, 31.15%i. Transcript, 1653–1657. Equity, admiralty, etc., 1654. TJnited States Commissioner in Crater Lake National Park to District Court, 5230f. Glacier National Park, to District Court, 5248f. - Mount Rainier National Park, to Dis- trict Court, 5227f. Jnited States court for China, from Con- 2 sular courts, 7688. United States suits, 1578. Virgin Islands Courts, 3924%b. APPEARANCE Absent defendants in suit to enforce liens, remove clouds on title, etc., 1039. Actions against officers of House of Rep- resentatives or Senate, 117. United States in naturalization proceed- ings, 4370. - APPLE BRANDY See Distilled Spirits and Wines. APPLIES Barrels, branding Misbranding, Standard, 8907a. - Below standard, marking, 8907b. Grades, 8733. Branding barrels, 8734. Misbranding, S736. Penalties, 8737. APPOINTMHENT By president, see President. *; and temporary chaplains of Navy, gºes 8734. Addiº al. Assistant Attorney-General, APPOINTMENT (Cont'd) Additional (Cont'd) ASSistant of Chief of Bureau of In- jar Affairs of War Department, Clerks and employés of census office during census period, 918. Officers, agents and employés relating to Seal fisheries of Alaska, 8865. Advisory boards, Bureau of War Risk Insurance, 514e, 514kkk. Hygienic laboratory, 9143. Agents, library of Congress, 127. Seal fisheries in Alaska, 8861. Aircraft board, 31151/32b. Alien property custodian, 31.15% ce. Certificate of, 31.15% d(e). Ambassadors (Const. art. 2, § 2, cl. 2). Armory officers, 3079. Army, 1897–1902, 1912, 1920a. Assistant, adjutant general, 1766. Judge advocates for court-martial, 2308a, art. 11. Veterinarian, 1724a. Cadets, military academy, 2230, 2230a, 2237–2239. Discharged cadet, 2246a. Chaplains, 1868, 1868a, 1868b, 1872. Military academy, 2219. Chief of Coast Artillery, 1728. Chief of engineers, 1840, 1842a, 1881. Chief of Quartermaster Corps, 1779. Chief of staff corps or departments, vacancies, 1905, 1905b. Cº. of telegraph and cipher bureau, Corps of Engineers, 1841, 1842b. Second lieutenant, 1842b. Courts-martial, 2308a, art. 8. Assistant judge advocates, art. 11. Judge advocate, 2308a, art. 11. Reporter, 2308a, art. 115. 2308a, Special courts-martial, 2308a, art. 9. Summary courts-martial, 2308a, art. 10. Dental corps, 1833, 1833a, 1833b. Judge advocate, 2308a, art. 11. Line of army, Officers, 1896. Officers, brigadier generals, 1717b. Major generals, 1717b. Medical Corps, lieutenant, 1809. Limitation, 1807a. Medical department, master hospital Sergeant, 1829a. Medical reserve corps, 1816–1818. Military academy, cadets, 2230, 2230a. Chaplain, 2219. Officers and professors, 2224. Nurse corps, 1831. Officers, directors of civilian marks- manship to be appointed from, 3070C. - Filling vacancies caused by ap- pointment to national guard, Position in national guard When drafted into federal reserve, 3047. Recommissioned officers, 1920d. Temporary appointments of gener- al officers, 2044h. Officers’ Reserve Corps, 1881a–1881aaa. Ordnance Department, 1903. Philippine Scouts, captain, 1742. Officers, 1741. Porto Rico regiment of infantry, of— ficers, 1745, 1746, 1750a, 1753a. Promotions, temporary, vacancies Cre- ated by appointments to volunteers, 1905a. Record of eligible candidates for com- mission, 1920e. Second lieutenants, 1920a. Signal Corps, 1867g, 1904. Staff corps or departments, 1905, 1905a, 1905b, 1906. Vacancy, 1909. Superintendent, nurse corps, 1831. Superintendents of national Ceme- teries, 9366. Surgeons, 1812. Translator for Army Service School, 2016.a.a. Vacancies, 1918, 1920, 1920a. 1920a, Appendix p. 1751. Temporary, to vacancies created by details to national guard, 1908a. Veterinary corps, 1724a. exchange, etc., of documents in APPOINTMENT (Cont'd) Army (Cont'd) voluºg army officers, 2026d-2026h, #2. Medical officers, 1818. Paymasters, 2034. . . Regular officers, 2026f. Volunteer Army, 2026e. Volunteer staff officers, 2026e. ASSayers and melters, 6531. . New York assay office, 6526. Assistants, clerks and workmen, 6529. Assistant, adjutant-general, 1766. Attorneys-General, 517-519. Post Office Department, 570. Auditors, of treasury department, 420a, (d). - War Department, 420a (d). Chief of Bureau of Foreign and Do- mestic Commerce, 876. Chief of Bureau of Insular Affairs or War Department, 347. Chief of Children’s Bureau, 966. Clerk, court of customs appeals, 1183. Commissioner of General Land Office, 691. &. Commissioner of Mediation and Con- ciliation, 8676(2). Commissioner of Patents, 736. - Comptrollers, treasury department, 420a (d). - War Department, 420a (d). Director national park service, 787d. District attorneys, 1420. - Examiners, 739b. General superintendent of Railway Mail Service, 577. Inspectors of steam vessels, 8168. Law clerk in State Department to edit laws of Congress, 295, 297. 297, Appendix p. 1737. Librarians, library of House of Rep- resentatives, 154. Register of Copyrights, 9569. Register of Treasury, 487. Acting Assistant, 489. Secretary of Agriculture, 790, 790a. Secretary of Commerce, 854. Secretary of Interior, 666. Secretary of Labor, 933. Secretary of Navy, 611. Secretary of "State, 288. Second assistant, 288. Third assistant, 289. Secretary of Treasury, 351a. Secretary of War, 312. ' Secretary to President, 227. Sign land patents, 696. Solicitor of Treasury, 521. Solicitors of State Department, 294, 297. - 297, Appendix p. 1737. Superintendent of life-saving Service, 8460. Treasurers, 6584. Attendants on juries, 1338. Attorney General of Porto Rico, 3803e. Attorney to represent person in military service, 30.78%bb. - Auditors, Porto Rico, 3803gg. Treasury, 416. Bailiffs, district courts, 972. Bank examiners, 9832. Board for vocational training, 9390%.cc. Board of appeals in office of Solicitor of Department of Interior, 672a. Board of Indian Commissioners, 3980. Board of . Ordnance and Fortification, 3111–3114. Board of regents, Smithsonian Institution, Board of Special Inquiry in Immigration, 4289%ii. Board of Survey to value seized vessels of alien enemies, 8146S. Board of tea experts, 8787. - Board of visitors, insane hospital, 9298. Military academy, 2252. Naval observatory, 662. Boards to determine compensation of fed- eral controlled transportation systems, 31.15% c. Botanists, Agricultural Department, 794. Bureau of Standards, officers and em- ployés, 926, 927. & California Débris Commission, 10004. Capital Issues Committee, 31.15%kk. Census office, officers, clerks and em- ployés, 913, 914. .* Additional officers during census pe- Iſiod, 915. GENERAL INDEX ſº APPOINTMENT (Cont'd) Census office (Cont'd) Enumerators, 4394. Chemists, Agricultural Department, 794. Office of commissioner of internal rev- enue, 6226. Chief clerks, Agricultural Department, 794. - National park service, 787d. Printing office, 7007. Railway Mail Service, 577. Chiefs, bureau of equipment, 629. Bureau of Foreign and Domestic Com- merce, 875. Bureau of Insular Affairs of War De- partment, 346. Bureau of navigation, 629. Bureau of ordnance, 629. Bureau to prepare information for Department of . Commerce, 292. Children’s Bureau, 965. Division of hygienic laboratory, 9144. Record and pension office of War De- partment, 336. Weather Bureau, 842. Civil service commission, chief of divi- sion of efficiency, 3286b. Employés, probation, 3272. Classified service, 3272. Clerks and employés of customs in ap- praiser’s office, Boston, 5329. New York, 5332. Philadelphia, 5333. TJnder trading with Enemy Act, 31.15% co. • Clerks, assistant treasurers’ offices, 6591– 6601. Boards of steamboat inspectors, 8170a, Appendix p. 1792. Bureau of the Mint, 509. Circuit courts of appeals, 1116. Court of Customs Appeals, 1182. District courts, 970, 1328. - Pennsylvania, 1361. Immigration, 4289%oo. Post offices, 7231b. Returns Office of Interior Department, 1 Senators elect, 74. Shipping commissioners, 8287. Supreme court, 1195. United States court for China, 7692. Collector of internal revenue, 5846. Commerce officers, insurrectionary states, 10147. e Commercial attachés, 854a. 854a, Appendix p. 1745. Commissioner-General of 954. Commissioner of agriculture and labor of Porto Rico, 3803e. - Commissioner of Education, 766. Porto Rico, 3803e. Commissioner of Fish and Fisheries, 901. Commissioner of General Land Office, 690. Commissioner of health of Porto Rico, 3803e. - Commissioner of Immigration, 4271. New Orleans, 4283. Commissioner of Indian affairs, 713. Commissioner of Interior of Porto Rico, 3803e. Commissioner of Internal Revenue, 490. Commissioner of Labor Statistics, 947. Commissioner of Mediation and Concilia- tion, 8676(1). Assistant commissioner, 8676(2). Commissioner of Naturalization, 962. Commissioner of Navigation, 895. Commissioner of Patents, 736. Commissioner of Pensions, 727. Commissioners, administer oaths to ap- praisers, 1043. Immigration, Condemnation proceedings in District of Columbia, 6914. Court of Claims, 1148. Take testimony, 1154. Investigate issuance of stocks and bonds by railroads, 8602. . Publish second edition of Revised Statutes, 1527. Committee, accounts of House of Repre- Sentatives, 110. Insane person, 93.17. Comptroller of Currency, 496. Consuls (Const. art. 2, § 2, cl. 2). Cotton futures tax agents, 6309m. Counselor for State Department, 297. 297, Appendix p. 1737. Criers, district courts, 972, 1338. [Page 1973} APPOMNTMENT (Cont'd) - Deputy, Assistant Attorney-General, 519. Assistant treasurer, New York, 6592. Clerks, circuit courts of appeals, 1117. District court, 971. Iowa, 1352. Supreme court, 1197. Collector of Internal Revenue, 5849. Commissioner of Internal Revenue, 493. Commissioner of Naturalization, 962. Commissioner of Pensions, 729. Comptroller of Currency, 498. Light-house commissioner, 896. Marshals, 1304, 1352. . Field marshals, 1423. Kentucky, 1353. Yellowstone Park, 5195. Supervising inspector general of Steam vessels, 8155, Appendix p. 1791. Surveyors, 4457. - Director, Bureau of Standards, 926. Bureau of Mines, 783. Census, 911. Columbia Institution for Deaf, 9345. Geological Survey, 770. Mint, 507. - National park service, 787d. War Finance Corporation, 31.15%b. Disbursing agents, payment of cost of public buildings, 6926. 'Disbursing clerks, Executive ments, 258. Payment of pensions, 671. District attorneys, 1294. Colorado, 1343. Georgia, 1346. Illinois, eastern district, 1348. Iowa, 1351. Kentucky, 1354. Louisiana, western district, 1356. Panama Canal Zone, 10044. Pennsylvania, 1361. Porto Rico, 380340. Texas, 1363, 1365, 1367. - United States court for China, 7692. Vacancies, 1318, 1320. Washington, 1370. West Virginia, 1372. District judges, 968, 968a, 968c, 968e, 980– 988, 3727. - - Act for other judges, 980–989. Accumulation of business, 981, 982. Pºlity of district judge, 980, Aid of other judge, 984. Colorado, 1343. - Georgia, additional judge for southern district of, 968c. Illinois, 1348. New appointment, 983. New Jersey, additional judge for dis- trict of, 968g. Panama Canal Zone, 10044. Pennsylvania, 1361. Eastern district, 968a. Porto Rico, 38034g. President to make public all indorse- ments, 968C-968e. Texas, 968h. Drafting officers, State Department, 297. Draftsman, national park service, 787d. Editors, reports and documents, 7089. T}epart- Employés, Agricultural Department, 794. Bureau of Mines, 783. Bureau of War Risk Insurance, 514/l. Immigration, 428914oo. Library of Congress, 134. Weather Bureau, 842. Rºmologists, Agricultural Department, Examiners State, 521. Examiners, customs, New York, 5331, 5629. Patent-Office, 736. of Claims, Department of Valuation of carriers’ property, 8591. | Examining surgeons, pensions, 731, 9103, 9105, 9106. - Execute warrants, appointments to, 3937. Executive clerks, President, 227. Executive Secretary of Porto Rico, 3803hh. Explosives inspectors, 31.15%g. Family restriction, 3281, 3284. Federal Board for Vocational Training, 93.90% co. Federal Horticultural Board, 8764. Federal Reserve Board, vacancy in office, 97.93(4). Federal Trade Commissioners, 8836a. Field officers of Coast and Geodetic Sur- vey, 8562b. [References are to sections, except where otherwise indicated.] APPOINTMENT (Cont'd) Foreman, public printing and binding, 7007. General appraisers, 5593. Governor, Panama Canal, 10040. Porto Rico, 3803ddd. Virgin Islands, 3924%a. Guardians ad litem in condemnation pro- Ceedings, 6914. - Immigrant Inspectors, 4289% oo. Indian Agents, 3991. Sub-Agents, 4011. Indian Inspectors, 3984. Industrial Relations Commission, 8913. | Inferior officers, Congress may vest pow- er in President, Courts or Department heads (Const. art. 2, § 2, cl. 2). Inspectors, cattle, 8709. Customs, 5340, 5762. Temporary inspectors, leans, 5338. Explosives, 31.15%g. *:::, in District of Columbia, 6838, Immigrant, 428914oo. Indian, 3984. Life saving service, 8523. Locomotive boilers, 8632. 8632, 8633, Appendix p. 1794. International monetary conference com- missioners, 6455. iºnational Waterways New Or- Commission, Interpreters, census officers, 4399. Indian Agency, 4014. - nºtate Commerce Commissioners, 8575, 990. Intoxicating liquors, use as disqualifica- tion, 3280. Irrigation district as fiscal agent of Unit- ed States, 4713g. - Janitors, committees of House of Repre- Sentatives, 73. - 73, Appendix p. 1737. Joint Committee on Printing, 6953a. Judges, Court of Claims, 1127. Court of Customs Appeals, 1179. Porto Rican courts, T 3803uu. sº Court (Const. art. 2, § 2, Cl. 2). . United States court for China, 7692. Ilaw clerk State Department to edit laws of Congress, 295, 297. 297, Appendix p. 1737. Leprosy hospitals, surgeons and employ- és, 9185. - Letter carriers, 7235. Librarian, Congress, 128, 129. House of Representatives, 154. Patent office, 739b, Appéndix p. 1744. Life saving service, crews, 8523. District superintendents, 8520, 8521, 8523. General superintendent, 8460. Keepers of life saving stations, 8523, 8528, 8533. Light House Service, chief constructing engineers, superintendent of naval construction, 896. . - Light-house commissioner, 896. Marshals, 1302. Colorado, 1343. Consular courts, 7656. Court of Customs Appeals, 1181. Georgia, 1346. Illinois, eastern district, 1348. Iowa, 1351. PCentucky, 1354. Louisiana, western district, 1356. Panama, Canal Zone, 10044. Pennsylvania, 1361. Porto Rico, 380344, 3803uu. Supreme court, 1195. Texas, 1363, 1864, 1367. United States court for China, 7692. Vacancies, 1318, 1320. Washington, 1370. West Virginia, 1372. Meat inspectors, 8681 (2, 4, 11, 14, 19). Medical referee Pension-Office, 731, 9105. Messengers, circuit court of appeals, 8th circuit, 1340. Court of customs appeals, 1183. President, 227. - Transmission of certificates of elector- al votes for President, 209. Microscopist, office of commissioner of in- ternal revenue, 6226. Militia, Adjutant General, 3053, 3053a. Officers, power reserved to States (Const. art. 1, § 8, cl. 16). Surveying officer, 3057. Ministers (Const. art. 2, § 2, cl. 2). GENERAL INDEX IIPage 1974] [References are to sections, except where otherwise indicated.] APPOINTMENT (Cont'd) Mint officers, 6441. - Mississippi River Commission, 9994. National bank receiver, 9821. National park service, assistant director, 87d. Chief clerk, 787d. Director, 787d. Draftsman, 787d. . National Training School for Boys, su- perintendent, teachers and employés, 395 National Training School for Girls, offi- cers and employés, 94.17. Naval observatory, recommendations, 662. Navy, 2484, - Admiral, 2471. Board of visitors, naval academy, 2756. Chaplains, 2540, 2541d, Appendix p. 1762. Chief boatswains, 2711. Chief carpenters, 2711. Chief gunners, 2711. : Chief of naval operations, 62.1a. Chief sail makers, 2711. Chiefs of bureaus, 628. Bureau of construction and repair, 633. - Bureau 641. Bureau Bureau 637. Bureau of yards and docks, 629. Chief warrant officers, 2554aa, Appen- dix p. 1763. " - Civil engineers at navy-yards, .2563. Dental Corps, 2501-2504, 2509-2512. 25.11e, Appendix p. 1761. Pºrsing agents at foreign stations, 2812. - of medicine and surgery, of steam engineering, 635. of supplies and accounts, Engineer of fleet, 2539. Ensigns, 2709-2712. Examining boards at foreign stations, 2619 a. - Hospital corps, 2513, 2514. Judge advocate general, 612. Assistant to, 613. Machinists, 2556, 2557. Marine Corps, brigadier 2901b, Appendix p. 1767. Colonols, 2901b, Appendix p. 1767. Examining boards at foreign sta- tions, 26.192. generals, Lieutenant colonels, 2901b, Ap- pendix p. 1767. Major Generals, 2901a, Appendix p. 1767. Officers, 2483g, 2483m, 2905, 2911, 2.915. - Commandant, 2915. Temporary additional 2483g, Appendix p. 1761. Master workmen at navy yards, 2792. Medical corps, 2493–2497. Midshipmen, 2718–2727. Naval constructors, 2548, 2549. Nurse corps, 2518. - Officers, appointment to naval militia, officers, 3078a (5). Temporary additional officers, 2483g, 24.83m. 2483g, Appendix p. 1761. Pay corps, 2526, 2527, 2529. Acting paymaster, 2842. Paymaster of fleet, 2530. Staff corps, 2676. - Store-keeper at navy-yards, 2563. Surgeons, 2494-2497. - Fleet, 2520. Vacancies, 2484. Warrant officers, 2554, 2570. & 2554a, Appendix p. 1762. Notes, gt. Civil Service appointments, Secretary of treasury, 3254. - Officers for drafting work in State De- partment, 297, Appendix p. 1737. Officers of United States . (Const. art. 2, § 2, cl. 2). Panaºanal and Canal Zone officials, Magistrates and constables, 10043. Parole officers, 10541. Patent-Office officers, ployés, 736. Examiners, 738a. In chief, 738a. clerks, and em- Law, 738a. Fºcial clerk, 739a, Appendix p. 1744. - * Librarian, 739b. Postal clerks, 7231b, Appendix p. 1785. Senators, APPOINTMENT (Cont'd) Postal service, postmasters, 7190. Railway postal clerks, 7509. Superintendents of railway mail serv- ice, 7507. - Postmaster General, 567. . . Post-Office Department purchasing agent, Printing office, employés, 6987. Public printer, 6971. , Temporary successor, 6991. Prison officers, 10555. - Private secretary to Commissioner of Patents, 739, Appendix p. 1744. . . Prize-commissioners, 8400. . - Public Health Service, rank of original appointees, 9133. Surgeon-general, 9131. Surgeons, 9132, 9185. Receivers of land districts, 4469. Alaska, 4517. Recorder, general land office, 693. Register, copyrights, 9569. Land office, 4469. Treasury, 485. Alaska, 4517. Reporters, House of Representatives, 77. Supreme Court, 1195. l Rºne-cutter Service officers, 8459%b (4-9). Secretaries of courts in Porto Rico, 3803uu. Secretary, Board of Indian Commission- ers, 3981. - Commissioner of Patents, 739. Commissioner of Pensions, 730. Interstate Commerce Commission, 8587. President, 227. Sign land patents, 695. Smithsonian Institution, 10568. Secretary of Agriculture, 789. Secretary of Commerce, 853. Secretary of Labor, 932. Selective draft boards, 2044d. Senate recess, president’s power (Const. art. 2, § 2, cl. 3). cl. 2). Shipping commissioners, Smithsonian Institution, Soldiers’ Home, officers, 9245, 9246. . Solicitor, Department of Commerce, 524. Internal Revenue, 521. Treasury, 521. Solicitor-General, 516. Special agents, census, 4387, 4389, 4402. Disbursing agent, 420a, (h), 6666. Examine depositaries of, public mon- eys, 6653. Indian agents, 4013. Special attorneys or counsel, 541. Special Indian Commissioners, 4013. Stenographic clerks, court of customs ap- peals, 1183. Stenographic reporter, appeals, 1183. Steward, President, 227. Superintendent, Antietam battlefield, 9368. Assay office at New York, 6526. Documents, 7039. Hospital for insane, 9293. Indian schools, 4167. Library building and grounds, 134. National Cemeteries, 9365, 9366 Senate and House document rooms, 7037. Folding rooms, 7050. Supervising Inspector-General, steam-ves- sels, 8155. . 8155, Appendix p. 1791. Supervising inspectors of steam vessels, 8157, Appendix p. Supervisors, census, 4393. Surveyors, mining claims, 4642. Vessel on complaint of seaman, 8345. Teachers for Indian children, 4161. Town site trustees, Oklahoma, 5029. Traders, Indian Tribes, 4127. Treasurer of Porto Rico. 38.03e. Treasury subordinate officers in offices of assistant treasurers, 6591-6601. Boston, 6591. - New York, 6593, 6594. Philadelphia, 6595. Trustees, bankruptcy, 9628. National Training School for Boys, 8287 93.92. . United States commissioners, 1333, 3936, 4547. United States Shipping Board, Secretary, 8146bb. United States Tariff Commission, 5326a. Vacancies filled during recess of Senate, salary not to be paid, When, 3228. Compensation, Territories, temporary (Const. art. 1, § 3, -- Chancellor, 10568. | court Of customs APPOINTMENT (Cont'd) Visiting committee of . Bureau of Stand- ards, 931. . Water users association as fiscal agent of United States, 4713g. APPOINTMENT CLERK Post-Office Department, pay-rolls in to- pographer’s office, examination and check of, 600. APPORTIONMENT Alaska mining claim, proceeds among preferred claimants, 5067. Apprºpºtions, contingent expenses, etc., National guard, 3054. - . . Pay of assistant custodians and jani- tors, 6792. - - Civil Service employés, 3272. * officers and employés O. United States, 5394. |Under war risk insurance act, 514qqqq. Contingent funds of Departments, offices and bureaus, 6788. i - - Direct taxes (Const. art. 1, § 9, cl. 4). Federal reserve districts, 97.86(1). Income tax, levy without (Const. Am. 16), Insurance under War Risk Insurance Act, 514 uu. - ... " Representatives, 15 (Const. art. 1, § 2, cl. 3); (Const. Am. 14, § 2). Arizona and New Mexico, 16. Reduction under 14th Amendment, 20. Taxes, direct (Const. art. 1, § 2, cl. 3). representation in legislative assemblies, 3436. * - Volunteers, 2026b, 2026f. APPRAISAIL See Appraisers and related topics. Agºals infected with contagious diseases, Hot Springs Reservation lots, 5257. Imports, 5589–5637. Abatement of duties for injuries dur- ing, 5677. Amount fixed by board Óf general ap- praisers, 5594. Bond to produce proof of value, 5620. Classification, review by Court of CuS- toms Appeals, 1186. Cost of production, 5592. dº Cotton goods, different quality in same package, 5607. Deficiency in package, 5619. Delivery of merchandise without, ap- praisal forbidden, 5589. Depreciated currency, 5603. Distilled spirits, ascertainment of proof, 5614. Drugs, 5622. Expense of weighing, gauging or measuring, 5618. Foreign coins, 6536, 6537. Gloves, 5609. Grain, quantity ascertained by Weight not measure, 5615. Invoice, different values at average price, 5606. Incorrect invoice, 5535. Market value, 5604. Market value and wholesale price, 5591. Medicines, 5622. Merchandise left in public Store more than one year, 5659 - New York, 5628. Examiners, 5629. Over time work by appraiser, 5632. Officers employed not to engage in business, 5630. Packages to be opened and examined, Reappraisement, 5594. Regulated by Secretary of Treasury, Seized property, 5777. º Special appraisement of articles of limited value and weight, 5705. Storage of goods prior to, 5621. Stored goods after one year, 5659. Sugar, 5610-5611. Time of exportation, 5605. Ton defined, 5636. Vinegar, standard, 56.13. - Wool, different qualities in same bale or invoice, 5608. Samples of wool, 56.12. Woolen goods, different quality in same package, 5607. - Indian lands, 5017. | Lease of land in Yosemite Park On ex- piration of lease, 5222a. * Lighthouse service, condemned supplies, etc., 8451. GENERAL INDEX [Page 1975] [References are to sections, except where otherwise indicated.] APPRAISAL (Cont'd) National bank shares on withdrawal of dissenting shareholders, 9669. s National cemeteries, land for, 9363, 9364. Naval material and stores, to be sold, 2785–2788. Naval vessels, to be sold, 2787. Platt National Park, lands and improve- ments, 5243, 5244. Violation of regulations, 5244. Prize, ºperty delivered on stipulation, . Taken for government, 8403. Public lands, abandoned military reserva- . tion lands, 5004, 5009, 5010. Abandoned military reservations, buildings, 5005. Naval reservation lands, 4985. Reclamation lands, 4746. Re-appraisement, 4725. Town-site lots, 4785. Idaho, 4723. . Irrigation projects, 4716. Reclamation projects, 4722. Timber, national forests, 5127. Public lands in Alaska, 5092. & e. Vessels, owned by United States Shipping Board, 8146dd. - * Purchased, leased, etc., from United states Shipping Board, taking by United States, compensation, etc., 83.46ee. Taken by United States as transports, 7:538. Wrecked, for the purpose of registry or enrollment, 7714a. APPERAISERS . See Board of General Appraisers; Federal Farm, Loans; Tea. See, also, Appraisal. Accepting bribe, 10303. Board of general appraisers, appeal to from examiners, determination as to teas, 8791. Re-examination of tea, 8793. Commissioners to administer oaths to, 1043. Customs, 5327–5396, 5591-5598. Absence, form duties, 5396. Administration of oaths, of witnesses, 5596-5597. Appointment at ports temporarily es- tablished in case of insurrection, 10156. . Assistant appraisers, oath, 5349. Performance of duties of absent appraiser, 5396. Revision of reports of, 5594. Boston clerks and employés, appoint- ment, 5329. - - Deficiency in package certified to col- lector, 5619. Delinquency of subordinate punished by, 5373. District appraiser to act in other dis- tricts; 5634. - Inspection of merchandise for draw- back, 5737. - Invoice, examination, 5590. Lease of buildings for use of, 5637, 5639. . Market value and wholesale price as- certained, 5591. g Market value determined by, 5527. New York, 5628 . Clerks, verifiers, etc., for appointment, 5332. Duties, 5631. Engaging in business forbidden, 5630. . - examination Officers nomination Examiners, nomination for ap- pointment, 5331, 5629. Over-time work, 5632. Special examiner of drugs, etc., 27. Oath of office, 5348. . . Perishable property certified to col- lectors for sale, 5783. Philadelphia, clerks and employés, ap- pointment, 5333. Revenue officers to act where there is no appraiser, 5633. Seizures, duties and compensation, 77. control of by Secretary of Treasury, 6938. Vacancies, officer designated to per- form duties, 5395. Internal revenue seizures, 6361, 6362. Judicial proceedings, appointment by judge in vacation, 1566. . - Stores, officer designated to per- APPRAISERS (Cont'd) Judicial proceedings (Cont'd) Goods taken on fieri facias, under au- thority of state, 1639. Prize cases, 8405. - . Real estate taken for national Ceme- teries, 9363. Vessels, goods, etc., delivered to claim- ant, in cases of seizure under CuS- toms laws, etc., 1564. Telegraph lines, selection, 10076. Vessels taken for government use as cruisers, 7713. Wrecked vessels, for purpose of registry or enrollment, 77.14a. APPRENTTCES Bureau of standards, promotion, 927a. Government printing office, 7015. Hospital corp, 2492a. - Inmates of National Training School for Boys, 9406. Mail vessels, 7537. Merchant vessels, fees for shipping, etc., 8138, 8377. - Forfeitures, enforcement, 8384. Not included in term “seaman,” 8392. Ocean mail vessels, 7537. Penalty for drunkenness or neglect of duty, 8383. Shipment, 8298, 8299. Shipping-articles of vessels in coast- ing-trade not to be signed by, 8311. sºns commissioners’ duties, 8298– wages and effects, disposal and pay- ment on death, 8327-8334. Forfeitures, 8384–8386, 8390. Aged to costs of convictions, Not dependent on earning of freight by vessel, 83.16. Navy, appointment as warrant officers, preference, 2570. Enlistment, 2571, 2574, 2583. Hospital corps, 2513, 25.13a. Number, 2571a. 2573aa. APPROPRIATHONS See Estimates; Indians; Permanent Appropriations ; Public Money. General provisions, 6671-6808. . Accountants, etc., inaugurating new methods of business, no compensation unless authorized, 3227a. Accounts of disbursements according to, 6618. Accounts of warrants on, to be kept by . register, etc., 6748. Act of Congress not construed to make appropriations unless specific, 6763. Advisory committee for aeronautics, ex- penses of, 3115 j. Agricultural colleges, 8871-8877. Co-operative extension work, condi- tioned on appropriation by states, 8877C. . Agricºral Department, advances from, 649. to be rendered Advances under appropriations for forest service for fighting forest fires, 6650. Contingent expenses, purchases from, reimbursement, 813. Lectures and instructions, 3242. Lump fund appropriations, exchange of typewriters, etc., purchased from, 814. Reimbursement of for contingent expenses 3 appropriation from, 813. Payment of additional compensation to officers or employés of govern- ment from prohibited, 797. Purchase of mileage and mileage books from, 809. Report of expenditure of, 837. Agºntural experiment stations, 8883, 884. - Air craft board, 3115*/32e. American Printing House for the Blind, 9386, 9388. - 'Amount, footing of paragraphs to deter- mine, 6779. Animal Industry, Bureau of, 851. Annual appropriation acts not construed as permanent, exceptions, 6804. Anti-trust law, enforcement, 8578. Aºtionment in monthly allotments, 6778. Army, accounts of disbursements, 6619. Aviation purposes, apportionment, 1867ddź, Appendix p. 1749. - Barracks, 1981, 6912. * APPROPRIATIONS (Cont'd)) Army (Cont'd) Charge against fund “pay of Army” of detained pay, 6749. Charge against fund “Transportation, recruiting and contingent” of trans- portation of men discharged, 6750. Credit for purchase money paid for discharge from Army, 1893. Expenses of manufacturing, etc., op- erations by Chief of Ordnance to be charged against appropriations therefor, 6770. Expenses of Ordnance Department in procuring stores for Other depart- ments or bureaus, 6772. Horses, not to be expended for at- tendance of officers and men or hors- eS at horse show, or horse races, 6767a. - Inventions by Army officers, expendi- tures forbidden, 3089. Limitation to two years (Const. art. 1, § 8, cl. 12). Medical and hospital departments, proceeds of sales of supplies, avail- able, 1963. - Military supplies, application of de- ductions from carriers for loss, Proceeds of sales available, 1952, 1952a, 1957a, 1959. - Military telegraph lines, ments, 6752. Obligations for ordnance, etc., in ad- dition to those specifically authoriz- ed, 6648b. Ordnance Department, not to be ex- pended for freight charges, 6769. Ordnance, contract obligations 6771a, Appendix p. 1781. Mºrial, issue, 6772b, Appendix p. 781. disburse- for, Proceeds available to replace ord- nance disposed of, 3107. Ordnance-stores ammunition, available for two years, 6768. Printing and binding for, 6676aa, Ap- pendix p. 1781. Procurement of stores, etc., by one bureau from another, requisition on funds of such other replacement of stores from stock on hand, 6772a. Quartermaster Corps, 1950a, Appendix p. 1754. Quartermaster’s Department, not to be used in payment of extra-duty pay for Army service men at West Point, 6767. Signal corps, 18670. Signal Service, 6675. Disbursement, 6751, 6752. Support of army, may be used for supplies for subsequent years, 6767b. TJse of material procured under appro- priation in manufacturing, etc., op- erations by Chief of Ordnance, 6771. Assay-office, Salt Lake City, 6430. Collecting customs revenue, 6805. Balances, carried to surplus funds, 6800, 6802, 6803, 6805, 6807. Disposal of, 6791, 6800-6807. Navy or marine corps, 6806. Board of visitors to naval academy, penses, 2757. Botanic gardens, expenditure by Superin- tendent of library building and grounds, etc., eX- 136. Boundary line, United States and Canada, etc., advances to chiefs of parties, bonds, 67958. Bulletins of Surgeon generals of army for instruction of medical officers, 7135a, Appendix p. 1785. Bureau of corporations, transfer of unex- pended funds to Federal Trade Com- mission, 8836c. Bureau of Fisheries, purchases 6774b, Appendix p. 1781. California Débris Commission, 10029. Capital Issues Committee, 31.15%mm. . Charitable, etc., purposes, payments, 6669. from, Chronological history of appropriation bills, 89. Coast and Geodetic Survey, advances from, 6774a, Appendix p. 1781. Purchase of provisions, supplies, etc., for employés, 6774. Coast survey, how to be expended, 8552. Collection of duties, detection and pre- vention of frauds, 6796, 6797. Disposal of unexpended balances, 6806. GENERAL INDEX APPROPRIATIONS (Cont'd)) Collection of duties (Cont'd) • Expense of sampling and assaying lead ores, paid from, 5616–5617. Moieties, compensation in lieu of, 5797. Refund of customs duties, 5718. .. Special agents to be paid from, 5389. Supplies for customs officers, 5386. Columbia Institution, disbursement of, Commerce, Department of, transfer of un- expended balance, 856. Commissions and inquiries, expenses of, not to be paid until special appropria- tion therefor, exception, 6781. Commission to investigate relations be- tween carrier and employé, 8680b. Committee on public information, 31.15% b, Appendix p. 1773. & Conference of governments to consider disarmament, 7686b. Congress, clerk hire, atives, 76. Clerk hire, Senate, 74. Horses and wagons for mail Service of House of Representatives, 114. Senate, disbursements, 80. ... º. Conservation of food and necessaries, 31.15%d, 31.15%mm, 31.15% n. Contingent expenses, etc., apportionment monthly, 6778. Congress, restriction on use for per- sonal services, 6780. Not to be used for compensation of clerks, etc., 6783. - Post-Office Department restrictions on expenditures, 6785. - Restriction on purchase of books, etc., 6786. Contingent funds, apportionment of con- tingent funds of Departments to of- fices and bureaus, 6788. Articles purchasable from, not to be purchased from other funds, 6788. Restriction on purchase from, 6784. Contracts in excess of unlawful, 6884–6886. Acceptance of voluntary service for Government or employment of per- sonal service in excess of that au- thorized prohibited, 6778. Act not construed to authorize con- tracts exceeding appropriations un- less specific, 6763. Board of Public Works, contracts not to exceed, 3333. Officer contracting beyond specific ap- propriation, punishment, 10266. Cotton factories at United States Peni- tentiary at Atlanta, 10563e, Appendix p. 1800. Cotton futures tax act, 6309s. Council of national defense, 3115ee. Court of Customs Appeals, statement of expenditure, 6776. Courts of United States, paid from, 8576, 8584. Supplies for courts and judicial offi- cers, 6775. Credits to allied foreign governments en- gaged in war, 6829j, Appendix p. 1782. Customs detection and prevention of fraud, increase of, amount, 67.97a. Customs officers and informers, COmpensa- tion in lieu of moieties, 5797. Debentures, payment of, 5751. Deficiency, submission to Congress, 6733. District of Columbia, deductions on ac- count of insane in insane hospital, 9330. Double salaries, prohibition of use for, 3230a. X Engraving and printing, bureau of, 372. Eureau of, eulogies of deceased Con- gressmen to be paid for from, 7086. Federal reserve notes, 9799(11). Geological Survey, Signal Service, etc., 6675. Flpidemics, prevention of, 9.173. 9173, Appendix p. 1796. JEstimates, see Estimates. Examination and destruction of national bank note plates, 97.18. Exchange of United States bonds, 6825. Executive Department, clerks, etc., to be employed only as appropriated for, 249. - House of Represent- expenses to be Disposition of unused, 249. Expenditure, 283d. Expenditure, balance, 6800-6807. Excess of, prohibited, 6778. Executive Departments, 283d. Objects for which made, 6764. - Private telephone service prohibited, [Page 1976] APPROPRIATIONS (Cont'd)) Expenditure (Cont'd) - Rent of buildings, department of agri- culture, 837a. Expense, audit of accounts of military establishment, 420a(g). - Issue of certain bonds, etc., 6829e, 6829i, 6829n, 6831. Experts, etc., inaugurating new methods of business, no compensation unless au thorized, 3227a. - Explosives, enforcement of act relating to regulation of manufacture, etc., Of, 31.15%kk. - Federal reserve bank, organization ex- penses, 9786(13). United States stock in federal reserve banks payable out of money not oth- erwise appropriated, 9786 (10). Fire protection, forest water sheds, 5175. Flood control, 10030%a, 10030%b. • Fºgen trade relations, expenditures for, Forest service, advances from, for fighting forest fires, 6650. Fortifications, expenses of Board of Ord- nance and Fortification, 3111–3115. Indirect or general expenses of manu- facturing, etc., operations by Chief of Ordnance to be charged against appropriations therefor, 6770. Sites, 6912. Freedman’s Hospital in District of Co- #bia, support of inmates, limitation, 974. Fuel in District of Columbia, 3369ee, Ap- pendix p. 1775. Geological Survey, 6675. Rººts not to be published without, 4 Separate appropriation, 6675. Hawaii National Park, limitation, 5249m. Housing Of War-industry employés, 31.15%h. 31.15%hh, Appendix p. 1772. Shipyard employés, 8146t. Howard University, report of expendi- tures, 3979. Indians, agriculture, 4124, 4125, 4125a. Bookkeeping system in Bureau of In- dian Affairs to afford analysis of ex- penditures by appropriations, etc., 6789. Children of Indians taking lands in severalty not excluded from benefit of, 4172. - Depredations not to be paid from, 4082. Diversion to other use, 4066. Education, etc., cost account of expen- ditures, 685-689. Expenditure by Secretary of In- terior, 4163. - Expenditure for school purposes, limitation, etc., 4170 Expenditure without restriction as to per capita of pupils, limita- tion, 4170a. Sectarian schools not included, 4165. Employment in Indian office without special appropriation unlawful, 670. Hospitals, contagious and infectious diseases, 4125b. - Indian agent, salaries, not available When duties performed by army offi- cer, 3997. Irrigation of Lands, expenditure reim- bursable from Indian funds, 4205e. Payment to Indians at war with Unit- ed States forbidden, 4084. Payment to Indians from moneys ap- propriated in satisfaction of judg- Iments, 4055. - Permanent, for payment of interest to North Carolina Cherokees, 6799 (47). Statement of expenditures in annual report of Commissioner of Indian Af- fairs, 6789. Supplies, distribution to prevent defi- ciency, 4064. Purchase without authority, 4045. Wagons, 4048. When available, 4047. Surplus to be used to supply subsist- ence deficiency, 4065. Surveys of allotments in severalty, re- payment, 4208. System of annual report of commis- sioner, 6789. - To carry out Indian treaties, 4070. Transfer of funds for purpose other than appropriated for, 4033. [References are to sections, except where otherwise indicated.] APPROPRIATIONS (Cont'd)) Inquiries, expenses of not to be paid until jºial appropriations therefor, except, Insane hospital, disbursement of, 9328. Transfer of part to public hospital, 9308c. - International commission of Congresses of Navigation, 7833. International monetary conference, 6455. Interstate Commerce Commission, ex- penses, 8584. • - Iºtate commerce law, enforcement, Judgment against certain property of United States, payment of, 6951. Lands for proof and test of, ordnance material, 2804bbbbb. - - Lassen Volcanic National Park, limita- tion, 5249i. Leprosy home, 9188f. Library of Congress, disbursement of by Superintendent of library building and grounds, 134. Expenditure by superintendent of li- brary building and grounds, 136. Expenditure under direction of joint Committee on library, 120. Incidental expenses of law library, paid out of, 123. Lighthouse service, 8435. Expense of light-houses on pile foun- dations to be from annual appropria- tion for repairs, etc., of light-ships, etc., 8438. - Light-houses, how long available, 6793. Made available for co-operation with forest service, 8435b. Payment of expenses for exchange of right of way, 8432a. Transfer of vessels, etc., of Navy or War Department, during national emergency, 8459a. * Lump sum appropriations not available for payment of increased salaries, agricultural department employees excepted, 6766. Fººtion of mechanics, artisans, etc., Statement required with estimates for method of preparation, 6740, M 6740a. edal of honor pensioners, payment to, 1941d. D pay t Mediation and conciliation, 8675. Migratory bird treaty act, 8837i, Appen- dix p. 1796. Military_academy, printing and binding for, 6676b, Appendix p. 1781. - Military posts, sites, 6912. Military Surveys and maps, 8562g, Ap- pendix p. 1794. Militia, 3052b, 3052c. . Arms and equipments, 3054, 3058–3067, 3069, 3072, 3074. - Naval militia, arms and equipment, 3078a (12, 14, 19, 20, 28, 57). Payment of allotment to disbursing of- ficer, 3064a. Mount McKinley National Park, 5249 u. National Bison Range, 5274. National cemeteries, Mexico City cemetery § be established and maintained, Payment for land, 9364. Restriction on expenditures for ap- proaches, 9370. 9370, Appendix p. 1798. National forests, construction of roads and trails, limitation on aggregate expendi- ture, 5150a. - National Guard, printing and binding for, 6676aa, Appendix p. 1781. National Home for Disabled Volunteer Soldiers, 6807. - Annual, 9257. Available immediately, 9254. Continue available, 9253. Disposal of balances, 6807. Expenditures not to exceed, 9276. Repairs, 9255. Restricted to specified objects, 9276. Nautical schools, 2763. allotment to state, 3078 Naval militia, a (28). Expenditures payable out of, 3078a (57). ISSue of arms, etc., without charge on, 3078a (14). - Naval appropriation available for issue of Stores, etc., 3078a (19). Not to be charged with the expenses of participation of naval militia. With regular navy, 3078a (21). GENERAL INDEX [Page 19771 [References are to sections, except where otherwise APPROPRIATIONS (Cont'd)) Naval militia (Cont'd) Payment to disbursing officer, a (12). - State to require military training as prerequisite to share, 3078a.(20). Naval reserve force, camps of instruction, 2900%a (26). Navy, accounting for appropriations for offtaining information from abroad and at home, 6762e. Advances, how charged, 6756. Requisitions of secretary for, 6755. Settlement of accounts, 6755. Appraised value of stores equipped and supplies turned in from ships and yards, to be credited to current ap- propriations, 6762a. Balances, disposal of, 6806. Bureaus to be kept separate, 6753. Charges included in cost of work, 773. 3078 Civilian employés in insular posses- sions, 2797. - Clerical force at navy yards and Sta- tions, 2794. Consolidation of clothing fund and small stores fund, 6759. Credit for appraised value of Stores equipped and supplies turned in from ships and yards, 6762a. Credit for material, stores, etc., turned in, 6761. - - w Credit to “pay miscellaneous” of pre- miums for sale of exchange, etc., 6754. Direct or indirect charges to be in- cluded in cost of work under, 6773. Disposal of unexpended balances, 6806. Drafting, technical and inspection force 6.15a. Drafts on, 6746. Equipment of vessels, expense of car- ing for gifts to be paid from, 647. Equipment, outfits to be charged against appropriation “increase of the navy construction and machin- ery,” 6762c. Expended by direction of Secretary of Navy, 6753. - º Expenditures for purposes not Specified unauthorized, 624. Expenditures not to be made in case of establishment of international court of arbitration, 7686c. - Expenses not to be paid from appro- priations for naval establishment, 654, 655. Factory for manufacture of armor, 2779a. d - Fuel and transportation, expense of pay, transportation, Subsistence, etc., of officers and crew of naval auxil- iaries to be charged against, 6762d. Insane of navy, 2813. Limitation on expenditures from, 654, 655. Marine Corps, deposits of savings to pass to credit of, 2937. Disposal of balances, 6806. Medals of honor, .2714. Naval academy, how applied, 2733. Naval militia, appropriations not to be charged with expenses of partici- pation of, with regular navy, 3078 a (21). Naval supplies, 6760. Naval Supply Account, 6761, 6762. Naval Supply Fund, 6762. New ships, payment from for civilian aids, etc., unlawful, 615. Overhead charges at Navy yard and stations to be charged against ap- propriations for support of naval es- tablishment, 6762b. - Pay of navy, credit for deposits of sea- man’s savings, 2874. Hire of quarters for submarine of- ficers, 6761a, Appendix p. 1781. Officers employed in furnishing naval supplies or war material forbidden, 2899. Procurement of stores, etc., by one bureau from another, requisition on funds of such other replacement of stores from stock on hand, 6772a. Reimbursement, for personal effects § by operations of war, etc., 'a. Repair of vessels, necessity of detailed appropriation, 650. Small-stores fund, 6758, 6759. Transportation of remains of officers and men dying in service, 2870a. APPROPRIATIONS (Cont'd)) Navy (Cont'd) - Use of specific appropriations, 6761. Yards, equipment for building ves- sels, 2804ff. - Necessity (Const. art. 1, § 9, cl. 7). New appropriation, reappropriation of un- eXpended balance to another purpose to be construed as, 6803a. Nitrate of soda, acquirement by United States, 31.15%r. Nitrate plants, 3110b. Panama canal, bonds, payment from issu- ance of, 6829a. Parole of prisoners, 10539, 10541, 10548. Payment of claims against United States for damages from military oper- ations, 3350. Payment of pressing obligations where balance of appropriation is insuffi- cient, Engineer Department, 6622. Ordnance Department, 6621. Quartermaster Department, 6620. Pensions to medal of honor holders, 1941d. Philippines, funds available succeeding year, 3814f. Pºnts not to be made Without, 10 3810. Porto Rico, 3803a.a. Post-office Department and Postal Serv- ice, appropriation from postal reve- nues, 7603. Clerk hire, postoffices, 7231. Contingent expenses, restriction on ex- penditures from, 6785. Experimental mail delivery in towns and villages, 7274. Officers to be paid from, 574, 575, 577. Post-route maps, 600. Restriction on payments on account of postal Service, 6747. - Rewards to employees for inventions and improvements, 7253. Transportation of mails, assistant su- perintendents of Railway ice to be paid from, 574. Unusual conditions at post-offices, 7255. Potomac park, lagoons, speedways, etc., not to be constructed unless authorized, 3361b. Prize money, 6799(40). Proceeds of sales, etc., of materials, 6808. Propagation of food fishes, expenditure, 908a, Appendix p. 1745. Public buildings, assistant custodians or janitors, pay, 6792. Assistant inspector, expenditures to cease, etc., 6777. - Authority to erect not appropriation unless expressed, 6906. Available for use in temporary rented quarters, 6934-6936a. Available only for purposes enumerat- ed, 6795. Ağable until completion of work, 791. Available when, 6790. Balance, disposal of, 6791. Disbursements, manner of, 6927. District of Columbia, 3309. Renting of buildings, appropriation necessary, 6930. ſº Expenditure for electricity, restricted, 30. Expenditures to be within limit of cost, 6905. Limitation on payment of employees from, 6924 Payment for plans, etc., from, 6916. Printing office site, 6913. Rent, storage, accommodations, 6932. Supervising architect, 6795. - Reimbursement for preparation of plans, etc., 6915. Public printing, Army and National Guard, 6676aa, Appendix p. 1781. cºess, items to be charged to, 7164, Departments, appropriation not to be exceeded, 7163. Debiting of cost of printing or binding to, 7172. * > - Items to be charged to, 7166. Employees on leaves of absence paid from appropriation for sālaries, 7018. R’oreign Hydrographic Surveys, 7.148. Limitation on expenditures, 6983. Military Academy, 6676b, Appendix p. 1781. Military Secretary’s Office, 6677. Other appropriations not to be used, 6676. Quartermaster’s corps, 6856. Mail Serv- | \ indicated.] APPROPRIATIONS (Cont'd)) Public printing (Cont'd) Reimbursement for reprinting, docu- ments from proceeds of sales, 7097. Restrictions, on use, 7167. Illustrations, etc., 7175. Superintendent of Documents, assist- ants, blanks, printing, etc., 7044. Purchase of bonds by Secretary of Treas- ury, 682900. Purchase of obligations of allied foreign governments, 6829f, 6829ff, 6829.j. Purchase of ships or material, 3115/16d. Reappropriation of unexpended balance to another purpose to be construed as a new appropriation, 6803a. Reclamation fund, 4710, 4711. Expenditures from, 4714f. Repeal, not by incorporation of part of acts into Revised Statutes, 10593. Reports of expenditures, navy depart- ment, 6.15a. Rent of building, department of agri- Culture, 837a. - Revenue cutter service, 8459%b(1). Clothing for enlisted men purchased from, 8459%b (40). Revolving fund • for federal controlled transportation systems, 31.15%f. Rivers and harbors, application by Secre- tary of War, 9883–9888. Construction of aids to navigation in connection with bridges, 9969. Crediting and charging of sales or transfers of property, 9882. Crediting of damages recovered from vessels, 99.21." Dredging, 9926. Examinations and surveys, 9865. Mississippi River improvements, position of, 10002. Rºyal of obstructions to navigation, St. Mary’s River, falls, 9880. Payment of . expenses of interna- tional - Waterways Commission from, 99.84. - Water-gauges on Lower Mississippi River and tributaries, 9856. Rocky Mountain National Park, limita- tion, 5249d. safetºppliance act, enforcement, 8616, s 0. dis- improvements at Enforcement of law as to inspection of locomotive boilers, 8639. Elizabeth’s hospital, disbursement, 9328. w Transfer of part of to public hospital, 9308C. St. Seamen’s relief fund, 8334. Penalties and forfeitures, 8390. Settlement of transactions between, ap- propriations under the different depart- ments, 6622a, 6622b, 6752a, 6752b. Social hygiene, 9188% (c)-9188% (g), Ap- pendix p. 1797. Statements of, 88–90, 7130. Style and title of acts, 11. Bills to follow order and arrangement of appropriation acts for preceding years, 6672. Sullys Hill National Park game preserve, 5277a. Surveys, Louisiana, resurveys, 4815. Segregation of lands for homestead entries in national forests, 5173. ... Telegraph companies neglecting to trans- mit telegrams, not to be paid, 10075. Term of service of members of Congress Or senators as trustees or directors of institutions to which Congress makes appropriations, 6670. Territorial, legislative assembly, 3475. |Expenses not to exceed, 3477. Transmission of accounts of to Secre- tary and then to auditor, 434a. Tidal Basin bathing beach, 3361c. Trading With The Enemy Act, enforce- ment of, 31.15%h. - Training camps, 3071b. United States Tariff Commission, 5326j. Virgin Islands, 39.24%f, 3924%g. Vocational Education, 9390%a-9390%bb, 9390%d-9390%.g. Acceptance by states, 93.90% c, 93.90%mm. Vocational rehabilitation of soldiers and sailors, 30.78%gg, Appendix p. 1770. War Department, drafts for, 6746. Report of unexpended balance, 332. GENERAL INDEX [Page 1978] LReferences are to sections. except where otherwise indicated.] APPROPRIATIONS (Cont'd)) - War emergency services, 31.15% a, Appen- dix p. 1772. War risk insurance, 5.14c, 514g, 514h, 5147- 514m. - wººington aqueduct, expended how, Waterways commission, 10003%a. Weather Bureau, 846 - - Weights and measures, sets of standards for agricultural colleges, and Smith- sonian Institute, 8900. - Wind Cave, National Game Preserve, 5275. Wyoming Elk Refuge, 5277. : Wyoming Elk Reserve, 5276. AQUEDUCTS See Washington Alqueduct. ARBITRATHON - Awards, foreign consuls, etc., enforce- ment, 1248. Bankruptcy proceedings, 9610. Bribe, acceptance by arbitrator, 10303. Carriers and employees, 8666-8676. Agreement to arbitrate, 8669. Acknowledgment and filing, (1). * Arbitrators, administration of oaths, Authority to secure testimony, etc., 8670. 8671 Expenses, 8675a, Appendix p. 1795. Notice to, 8671(2). Organization, proceedings, etc., 8672(1). Pay, 8675. g Quarters, 8672(1). Reconvention of, 8671(4). Testimony, 8672(1). Award, 8669, 8672(1). Appeal, 8673(2). Copy for Board of Conciliation, 8672. Filing award, etc., '8669, 8672. Judgment, 8673(1). By agreement, 8673(4). On appeal, 8673(3). On exception to award, 8673(4). Operation, 8673(1). When operative, 8673(1). - Board of Mediation and Conciliation, acknowledgment of agreement to arbitrate, 8671(1). ** Composition, 8676(1). Copy of award of arbitrators to be filed in office of board, 8672(1). Custody of papers, 8672(2). Expenses of boards of arbitration, 8675a, Appendix p. 1795. Notice to Board by arbitrators, 8671(3). Opinions as to meaning of agree- ment, 8667 (3). Papers to be transmitted to Board, 8672(1, 2). r Pay of arbitrators to be fixed by board, 8675. - Proffer of services, 8667(2). Submission of controversies, Mediation and 8667 (1). Carriers affected, 8666(1). Leased cars, 8666(3). Commissioner of Mediation and Con- ciliation, appointment, pay, ten- ure, etc., 8676(1). Assistant, appointment, salary, du- ties, etc., 8676(2). Compulsory labor not permitted, 8673 5 - (5). - Definitions, employees, 8666(3, 4). Railroads, 8666(2). . Transportation, 8666(2). Employees affected, 8666(3). Employers affected, 8666(1). Bearings, 8669. Oaths, 8670. Pay of arbitrators, 8675. Railroad, term construed, 8666(2). Receivers, restriction on reducing Wag- es, 8674. - Reconvention of board of arbitration, 8671(4). - Shipping excluded, 8666(1). Street railroads excluded, 8666(3). Submissions, 8667(1), 8668. Transportation, term construed, 8666 (2). - Witnesses, 8670. - Givil cases in consular courts, 7643. ARBITRATION (Cont'd) International Bureau of Permanent Court of, 7684. - Conference of governments to consider question, 7686b. Naval expenditures not to be made in case of establishment of, 7686c. Policy of government declared, 7686a. ARCHAEoloGY Permits for, excavation of archaeological sites, 5280. ARCHITECT OF CAPITOL See Superintendents. Office and powers transferred to Superin- tendent of Capitol Buildings and Grounds, 3370. ARCHITECTS - - See Architect of Capitol ; Swpervising Architect. ARCHIVES Bureau of, chief, salary, 290. Indians, collections by Geographical and Geological Surveys turned over to Smithsonian Institution, 10577. ARGENTINA - . Ambassadors to, appointment and Salary, 3122a. ARID LAND ACT See Desert Laºds. Text of act, 4696. ARID LANDS See Desert Laºds ; Irrigation. Grants of to states, see States. General provisions, 4674-4750. ARIZONA Arid lands, reclamation by United States, Geological Survey, 4700-4708. Carey Act extended to, 4690. Desert lands, sale, 4676. District attorney, 1053. District Clerks, 1053. District court, terms, 1055. District judges, 1053. Enlarged entries of non-mineral, Iands, 4563-4567, 4568a, 4568b. Indian reservations, 397.9%. Judicial districts, 1053-1055. ſe Jurors, fees and mileage, 1453. Marshal, 1053. etc., Rºad rights of way, lands subject, 4932. Registers and receivers, fees and commis- sions, 4473. - Representatives in Congress, number, 16. Supreme court, appeals and writs of error from Supreme Court of United States, 1222. Surveyor-general for, 4435, 4440. Salary, 4440. - Terms of court, 1055. Timber, cutting for certain purposes on public lands, 4992. Mineral lands, 4989. Witnesses, fees and mileage, 1453. ARRANSAS - a Deputy district clerks, 1056. District attorney, western district, salary, District clerk, 1056. District court, terms, 1056, 1056a. Hot Springs reservation, 5251-5273. Judicial districts, 1056, 1056b; 1056c. Hot Springs Reservation included in eastern district, 5262. Marshals, prosecutions for offense on Hot Springs Reservation, process, fees, etc., 5268–5272. Western district, salary, 1450. Offenses, Hot Springs Reservation, 5265. Pension act extended to Gray’s Battalion, Arkansas Volunteers, 9046. Right of way to pipe line companies, 4953– 4957. - Swamp lands, relinquishment, 4969. Title of purchasers, 4968. Terms of court, 1056, 1056a. United States commissioner, prosecutions for offenses on Hot Springs Reservation, 5266–5273. - - Water gauges and daily Little Rock, 9856. ARKANSAS RTVER, Mississippi River Commission, jurisdiction over portion of, 10002c. - observations at | ARLINGTON CEMETERY See, also, Cemeteries. Superintendent, salary, 9367. ARMAMENT National guard, 3044s. ARMED WESSELS Clearance, bond not to commit hostilities against friendly state, 10180. - Suppression of piracy, 8039–8041. ARMOR - Factory for manufacture of, acquisition of site, 2779a. : Purchases of, for Navy, 6867. ARMORIES Accoº annual of expenses to Congress, Examination of by Auditor, 420. Artificers and workmen at, exempt from Service as jurors, 3088. Enticing workmen, from, 10207. Establishment, 3079. - Inventions by army officers, expenditures forbidden, 3089. ' - Paymasters, bond, 3083. - Pay of officers, inspectors and clerks, 3080–3084. Punishment for offenses committed 10445–10462. . - Purchase of land for, opinion as to title and consent of State Legislature, 6902. Selective draft of artificers and work- men, 2044d. - Workmen, misconduct, 3087. ARMIS See Nôtrate Plants. - Account of at armories to be laid before Congress, 3085. - Cºlºs, issuance for military training, a. in, Compensation, manufacturing plants con- demned by the United States in time of war, 31.15g. , - Department officers to receive arms to protect public property, 3093. Disciplinary barracks, offenders, supply to, 2458a.(6). Embezzlement, arms, etc., ammunition, etc., 10200. Exportation, 7677-7678k. Home guards, 3093a. Loss by soldiers, 2308a, art. 84. Manufacture of, procurement of supplies for, 31.10a. - Militia, ammunition, 3059, 3061, 3071, 3075. Ammunition for instruction in firing and target practice, 3075. - Aºpriations for, 3054, 3059–3067, 0 Infantry, 306.1a. Issue of, 3059–3062. . Nºype of arms to, 3059a, 3059b, 30 Old models of rifles for target practice, 3070a. Rifles for use at public rifle rang- es, 3070b. ' Naval militia, 3078a.(4). Ammunition, 3078a (14). Purchase of and accountability there- for, 3056. - Right to bear (Const. a.m. 2). Sale to states for militia, 3070, 3071. Training camps to be supplied with, Nitrate plants, 3110b. Pay of army deducted for damages, 2191. Persons improperly in possession of, 6941. Purchase of products of plants by Presi- dent, order obligatory and to have pref- erence, 31.15g. Report of damages to, 1968. Reserve officers’ training corps, issuance to, 1881k. Rifled cannon to be tested, 3091, 3092. Right to bear (Const. a.m. 2). Sale, etc., by soldiers prohibited, 1973, - 2308a, art. 84, 6941. Punishment, 2308a, art. 84, 10253. Sale to Indians, prohibited, 4133. Natives of certain Pacific islands, pro- hibited, 10481. . . . Sale to patriotic organizations, 3098. schoºls, issuance for military training, - a. t - Ammunition, 3097. - • *. Seizure of intended for export, 7678d- 7678k, 10514a–105.14d. * GENERAL INDEX [Page 1979] [References are to sections, except where otherwise indicated.] ARMY - - - e See Aircraft; Appointment; Appropri- ations ; Armories ; Arms : A rºy Mine Planter Service ; Army War College; Arrest; Articles of War; Artillery; Aviation; Aviation Corps; Aviation Section; Barracks; dier Generals; Buglers; Cavalry; Chaplains; Coast Artillery; Coast Defenses ; Coast Guard ; Coºnvis- saries of Swbsistence ; Convºyutation 3 Cooks; Courts-Martial; Cowrts of In- quiry; Crimes and Offenses; Dental Corps; Departments; Deserters; De- tails; Disbursing Officers; Discharge; Disciplinary Barracks; E^cdºp- ments; Engineers ; Enlisted Reserve Corps ; Enlistment; Equipments : Ea:- aminations ; Field Artillery : Fºur. lough, ; Geºverals; General Staff Corps; Hospital Corps; , Infantry; Insane Persons; Insurrection; Leave of Absence; * Lieutenant Generals; Lieutenants; Machine Gºwn Coºn.pd- nies; Marine Corps; Matrons; Med- ical Corps ; Medicine and SWrgery : ilitary Academy; Military and Na- val. Service; Military Commissions; Military Duty; Military Instruction ; Military Posts; Military Prison; Mil- itary Records; Military Roads; Mili- tary Schools; , Military Societies, Militia; Militia, Bureaw; National Military Parks; Nurse Corps; Of- ficers Reserve Corps; Ordnance; Pay I)epartment; Pay of Army; Pérº- sions ; Promotion ; Quartermaster Corps; Quartermasters; Quarter mas- ter’s Department; Rank; Rations; Recruit Depots ; Recruiting ; Re-En- listment; Regiments; Registers; Reg- wlar. Army Reserve; Reserve. Offi- cers’ Training Corps; Retired En- listed Men; Retired Officers;... Segre- tary of War; Selective Draft; , Sig- mal Córps; Soldiers; Soldiers’ and Sailors’ Civil Relief; Soldiers’ Home; Squadron; , Staff; Subsistence De- partment in Army; Supplies; Stºr- geon-General; Swirgeons; Training Camps; , Transportation; . Trumpet- ers; Uniforms; Veterinarians; Vet- erinary Corps; Volunteer Airmºy; Volunteers; War Department; and other related titles. - Detail of officers and employés, see De- tails; Yellowstone National Park; Yosemite National Park. Disobedience of orders, see Disobedi- 62%, Cé. Hospitals for, see Hospitals; Perso?". S. National guard, see Militia. Officers, see Adjutant-General; º Äutant-General's Department; Adju- tants; Detached Officers; Dismis- sals; Disqualification; Engiººeers; General Staff Corp ; Inspector Gener- al; Inspector General’s Department ; Insular Affairs ; Judge-Advocate Geº- eral; Judge-Advocate-General’s De- partment; Lieutenant-Colonel ; Lieu- tenant General; Lieutenants; Ma- jor-Generals; Majors; Military Sec- Yetary; Officers’ Reserve Corps; Pro- Insdºve Ald- 77votion ; Quartermaster's Depart- ment; Reserve Officers’ Training Corps; Retired Officers; , Surgeon- General ; Vacancies in Office. Pºrchase of supplies for, see Military Stores and Supplies; Public Coºt- trCLGłS. Record and pension office, see Record and Pension. Office. Regulations of, see Regulations. - Women, nurses and hospital matrons, See WO??ve?”. Accounts, audit at place other than seat of Government, 420a, 420b. . Active land forces to consist of, 1715, 1715a. - Acts relating to, 1714–2469. Advance bounties paid by paymaster al- lowed, 448. Age limit, 1714. - Aiº, of major and brigadier generals, 757. Aircraft board, 3115*/32a-3115*/s2e. - Airplane war material, sale to persons, etc., engaged with United States in prosecution of war, 1972bb. - Aliens, military duty, 1714. Briga- ARMY (Cont'd) - American National Red Cross, 7697-7706. Detail of officer of medical corps, 1839, 1839a. •, Ammunition train, composition, 1758a. Arms and accoutrements in possession of persons not soldiers, 1973, 6941. Arson of army stores or equipment, 10459. Articles of war, 2308a–2308d. Artificers, 2.158, 2159. - Artillery, composition, etc., 1725–1737. Assignments and transfers of officers to regiments, 1896. - Assistant to Chief of Bureau of Insular ºr Affairs of War Department, 347. Additional assistant, 348. - Attachment of members of National Guard to organizations of for pur- Fº of instruction, 3072b, Appendix p. 7 - - Aviation duty, details to, 1907. Badges, 1944–1949. Barracks, 1981–1984. - Boards of investigation, damage to pri- vate property by soldiers, etc., 2308a, art. 105. Frauds, etc., administration of oaths, 65 *Bonds, disbursing officers, 1966, 1966a. Bounty-lands, 4837–4839. Branches, 1715, 1715a. Brevets, 1925–1933, 2103, 2921. Brigades, 1758a, 2026c. Brigadier generals, aids of, 1757. Bureaus, chiefs of, absence, performance of duties by other officer, 1996. Chiefs of, appointment as major gen- eral, 1717bbb, Appendix p. 1746. Rank, pay and allowances, 2090b. Temporary designation to perform duties of Secretary of War, 313. Detail of clerk and employés out of bureaus of War Department, 317. Burial in national cemeteries, 9373. Certificates, discharge, duplicate, 324. Merit, 1942. Nonindebtedness before payment to w officers on discharge, 1971 Chaplains, 1868–1880. Chief of Bureau of Insular Affairs in War Department, 346. Chief of Engineers, appointment, 1881. Chief of military bureau of War Depart- ment, performance of duties during his absence by officer of department or Corps, 1996. Chief of record and pension office, 336. Chief of staff, detail of clerks and em- ployés of bureaus of War IDepartment, probibited, 317. Chiefs of staff corps, department or bureaus, rank, pay and allowances, 2090b. Civil office or employment prohibited, 1993–1995. Civil relief to members of, 3078%a- 30.78%ss. is Civil rights, employment of military forc- es in aid or protection of, 3943, 10141. Claims for damages to private property, ; military operations, 335a- €. 6404a, Appendix p. 1781. From training, etc., of army, 6404a. Claims for property lost in service, set- tlement, 6.403b. .6403, 6403(1-4), Appendix pp. 1780, 1781. Clerks, detail of clerks and employés at headquarters or divisions of armies, etc., to office of bureaus of War De- partment prohibited, 317. 317, Appendix p. 1737. Clothing, 1969, 21.78–2183, 2190, 2196, 6609a. Coal, preference right to purchase prod- uct of mines in Alaska for Army, 5076. Coast , and geodetic survey service, emi- ployment for, 8553, 8554, 8558. Subsistence of officers and men of emi- “ ployed on, 8559. Transfer to War Department in time of national emergency, 8562a–8562f. Collecting information with respect to movement, etc., in time of War, 102.12b. Collection of duties, employment for in case of insurrection, 10158. - Commander-in-chief, President (Const. art. 2, § 2, cl. 1) A. Commanding general, temporary designa- tion to perform duties of Secretary of War, 313 Commissions, dates of, 1899d. National Defense Act not to affect, ARMY (Cont'd) Commissions (Cont'd) Not vacated, 1991. Volunteer officers eligible, 2026c. Composition of, 1717, 1717a. - Congress, power to raise and support (Const. art. 1, § 8, cl. 12) Contracts, Panama Railroad Company, 10054. Printing and binding in time of actual hostilities, 6676a, 7159aa. » Subsistence, 6844. *- Supplies or services, control of, 6842. Transportation of stores, 6847. Cooks, enlistment of, 2005. Superintendence, 2006. Corps, composition, 1758a, 2026c. Corps of engineers, 1840–1847. Courts-martial, 2308a, arts. 3-53. Courts of inquiry, 2308a, arts. 97-103. Damages to private property from mili- tary operations, claims for, 335-335e, 6404a. - - Dental corps, 1833, 1833a. Departments, 1764-1881, 1905–1905b, 1908a. Ağant General’s Department, 1764– Chiefs of, appointment as major gen- eral, 1717bbb, Appendix p. 1746, Detail of clerk and employés out of bureaus to War Department, prohib- ited, 317. mºtor General’s department, 1771– Judge Advocate General’s Department, 1775-1778. r Medical Department, 1806–1839. Supplies for Soldiers’ Home fur- nished by, 9235. - Mºry Secretary’s Department, 1766– Opium purchased by officers of with- out written order, 6287h. Ordnance Department, 1848–1859, 1968. Pay T)epartment, 1797–1805. Consolidated with Quartermaster Corps, 1779, Purchasing of Opium without registra- tion or payment of taxes, 6287g. Quartermaster Corps, established by consolidation Of Quartermaster’s jºistence and Pay Departments, Quartermaster's, consolidated Quartermaster Corps, 1779-1792. Rank, pay and allowances of chiefs of, 2090b. - Subsistence Department, 1793–1796. Consolidated with Quartermaster Corps, 1779. Deposits of soldiers’ savings, 2193. Depot batteries and battalions, organiza- tion, etc., 2044a. Diplomatic or consular office prohibited to Imembers of, 1994. Disbursements, inquiries as to, 330. Reports of inspections of, 331. Discrimination by theaters, etc., against persons Wearing uniform of army, 10496. Divisions, 1758a, 2026c. Headquarters, detail of clerks and employés out of bureaus of War De- partment, prohibited, 317. Effects of deceased persons subject to military law, disposition of, 2308a, art. 112, Appendix p. 1760. Embargo on exports, employment for en- forcement of act, 7678k. Enemy aliens not to approach within one-half mile of places for manufacture of products for use of, 7615. Enlisted reserve corps part of, 1715a. Estates of person dying in military Serv- ice exempt from estate tax, 6336%bbbb. Estimates for transportation and supplies, 6700 Execution of process, employment of ar- my, in aid, 3937, 3943. Exemptions, militia duty, 3043. Rºſation under selective draft act, 4e. - Selective draft act, 2044d. Extradition employment of Army for pro- tection of accused after return by for eign government, 10121. Field clerks’ civil relief to 3078%a-3078% SS. Formerly headquarters clerks, 1980a. Pay and allowances, 1980aa, Appen dix p. 1755. - Subject to articles of war, 1980a. With members, Flogging prohibited, 2308a, art. 41. GENERAL INDEX [Page 1980] [References are to sections, except where otherwise indicated.] ARMY (Cont'd) General officers, line, 1717b. Staff, 1717b. - Guano Islands, employment army to pro- tect discoverer, 3923. Hawaiian elections, officers and men not qualified as electors, 3705. - IHeadquarters clerks, to be known as field clerks, 1980a. - Headquarters, composition, 1758a. Houses of ill fame, etc., near military camps, etc., suppression, etc., 2019b. 2019b, Appendix p. 1755. Immediate organization, etc., thorized increments of, 2044a. Increase or decrease in number of Or- ganizations, 2044a. Increase, rate, 1991b. Indian agents, detail of Officers to act as, 4007. Indian education, details for, 416.2, 4163. Indians, arrest of absconding Indians guilty of crime, 4155. Delivery of goods and moneys to In- dians, 4057. Employment of military force in In- dian country to apprehend persons violating law, seizing forfeited goods, destroying distilleries, etc., 4153, 4154. Removal of persons from Indian coun- try, 4150. - Removal of settlers on Indian land, Searches for intoxicating liquors, 4141. Terminate hostilities between Indian tribes, 4155. Indian scouts, 1754, 1755. Indictments unnecessary (Const. am. 5). Inspection of horses purchased for caval- ry, artillery, etc., 6848. Instruction, additional to military train- ing, 1988a. Hºerence with elections by officers of, Intoxicants, 1990. Intoxicating liquors, regulation of sale of, etc., in or near military camps, 2019a. Sale of to officers or enlisted men prohibited, 2019a. Labor detail, 2007. Laundresses not to accompany troops, 2019. Lieutenant General, office to cease, 1756. Lighthouse inspectors, assignment of of- ficers as, 8434. - Limitation of time of detached duty of officers of line, 1999. Line of the army, 1718–1758. Officers, title, 1717b. Loss of certificate of discharge, duplicate furnished by Secretary of War, 323, 324. Lost land-warrant, soldiers may have patent, when, 4851. Mºe Corps detached for service in, Maximum strength, emergency, 1882. When war is imminent, 1991b. Medals of honor, 1937–1941e. Military affairs, management of by Sec- retary of War, 318. Military badges, 1944-1949. Military boards, organization, etc., 2044i. Military duty, persons liable, 1714. Military employés, disqualified as United States commissioners, or receivers, 1334. Military establishment, annual statement º: espºnditures for contingent expenses OI, 3. - Military instruction in educational insti- tutions, 2283-2295a. - Military records, 336-344. Militia in service of United States, 1715, 1715a, 3045–3052. Mobilization stations, 1990a. Motor ambulances, government purchase without advertisement, 6832a. Motor car machine gun companies for divisions, 2044a. Motor vehicles, etc., exchange of old for new, 1972aa. 1972aa, Appendix p. 1755. - Munition batteries and battalions, ganization, etc., 2044a. Musters, 2308a, art. 56. National army, officers, appointments in to certain grade, 1881aaa. National forces, composition, 1714. Naturalization of aliens in, 4352(7, 13). Naval telegraph stations, 10.103. Neutrality laws, employment to enforce, 10178, 10179, 10182a. . OT- Of all all- & ARMY (Cont'd) o; authority to administer, 265, 327, Obstruction of transportation, employ- ment of army to prevent, 8563(9). Offenses relating to, 102.12c, 10212CC. Officers, appointments to Officers’ Re- serve Corps, 1881aa. Assignment as governor of Virgin IS- lands, 39.24%a. º Chief signal officer as member of air craft board, 3115*/32b. Commissions to citizens of Austrian or German birth, 1991aa, Appendix p. 1755. Disability, participating in rebellion after oath to support constitution (Const. am. 14, § 3). - Discharge, 2044i. Employment in training camps, 3071b. Free tuition in schools of District of Columbia for children of Officers Stationed outside District, 3369c. General designation of, 1717b. Temporary appointments, 2044h. Filling vacancies in regular army resulting therefrom, 2044h. To fill offices created by immediate organization of increments of army, 2044a. Period of, 2044i. Vacancies from transfers to Signal Corps, how filled, 1867i. Officers reserve corps, part of, 1715a. Ordnance stores, sale to Cuba, 3106a. Sales to civilian employés, 3106. Organization, general provisions, 1758a, 1991-2019. Pensions not allowed members of, 9026. Philippine constabulary, 1743, 1999. Assistance of Philippine scouts, 1744. Philippine scouts, 1741, 1742, 1744. Porto Rico regiment of infantry, 1745–1753a, 1999. Posse comitatus, 1992. s Post and garrison schools, 1986, 1988. Post gardens or exchanges, 1987. Post offices at military post, 1988b. President as commander-in-chief (Const. art. 2, § 2, cl. 1). Printing and binding for in time of actual hostilities, 6676a, 7159aa. 6676aa, Appendix p. 1781. Privileges on account of service, 1934-1936. Process, employment of army to execute judicial process, etc., 3937, 3943. Proving grounds, acquisition of land for, 1867dd. Provost courts, jurisdiction concurrent with courts-martial, 2308a, art. 15. Public lands, employment for removal of unlawful inclosure, 5001. Purchase of subsistence supplies, 1954a. Quartermaster-General, accommodations for horses, carriages, etc., of President, Quartermaster’s stores, allowance of claims, 469-471. Quarters, 1981–1985. Raising, power of Congress (Const. art. 1, § 8, cl. 12). - Rank and precedence, 1895–1933. | Readmission of excluded aliens who have volunteered or conscripted for military service, 4289%bbb, Appendix p. 1776. Record and Pension Office, consolidation of bureaus, 1766. Red Cross Association, use of buildings. On military reservations, 1989a. Regiments, 1758a, 2026C. Regular army, appointment of officers in volunteer army, 2026f. Assignment of enlisted men to ammu- nition batteries, etc., 1736a. Assignment of officers to enlisted re- serve corps, 1892e. * Defined, 1716. Divisions and army corps, 1758a, 2026c. Enlisted strength, 1882a. - * Furloughs to regular army reserves, 1891a. - Minimum strength to be maintained, 1882c. Officers’ reserve corps, promotion to vacancies in, 1881b. . Pºeses On account of service in, 1935. K. Regulation of vessels in ports of United States, .9959%d. Remains of officers, enlisted men, civilian employés, etc., interment, etc., 2019C, Appendix p. 1755. . employment to enforce act, ARMY (Cont'd) Remount depots, 2014. Removal of causes against soldiers, etc., to federal courts, 2308a, art. 117. & Requisition of food, fuel and Supplies, 31.15%ii. Resignations, orders of acceptance in true name of persons enlisting, 325, 326. Restoration, dismissed officers, 2000. Offenders in Disciplinary Barracks, 2458a (7). Rºns of clothing and camp-equipage, Returns of regiments, troops, batteries, etc., to war department, 2308a, art. 57, Appendix p. 1760. Sanitary train, composition, 1758a. Schools cavalry and light artillery, 2016, 2016.a. Enlisted detachment, part of regular army, 1717a. Military posts, 1986, 1988. Scouts, Indian, 1717, 1717a, 1754, 1755. Philippine Islands, 1742. Service school detachments, existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. Part of regular army, 1717a. Settlement of accounts, 327, 419, 420, 431, 446–454. Sick diet, 2177. Sites for fortifications, 6911a. Slavic Legion, 2044%, Appendix p. 1758. Social hygiene, 9188% (a)-9188% (h), Ap- pendix p. 1797. Special and technical troops, voluntary enlistments or draft of, 2044b. - Special service detail from forces in field, 2008. Spies, 2308a, art. 82. Staff corps and departments, 1905–1905b, 1908a. Chiefs of, appointment as major gen- eral, 1717bbb, Appendix p. 1746. Redetail of officers to, 1999c. Volunteer officers, 2026e. States, maintenance by prohibited with- out consent of Congress (Const. art. 1, § 10, cl. 3). - Stenographic reporters, 2015. - Subsistence supplies, purchase of, 1954a. Supply stations, 1990a. : Supply train, composition, 1758a. Supporting, power of Congress (Const. art. 1, § 8, cl. 12) Telegraphers, service, 1943. Timber-land reservations, employment of Army for protection, 4979. Tobacco, 2189. Sales to enlisted men, 1956. Training stations, 1990a. Tººter from military to naval Service, 2582. Trusses, 2184-2186. Vocational rehabilitation, Appendix p. 1769. War risk insurance, 514a–514v.v. Young Men’s Christian Associations, etc., acquisition, 1759–1881, certificates of honorable 30784%a-3078%i, 1989. ARMY AND NAVY UNHON Badge may be worn, 1948, 1949. ARMY ME}}][CAL DEPARTMENT ACT See Medicine and Surgery. Text of act, 1807, 1808–1810, 1814, 1816–1818. ARMY MINE PLANTER SERVICE Branch of Coast Artillery corps, 1/31aa, Appendix p. 1746. ARVIY OFFICERS See Army and cross-references there- twº der. - ARMY REORGANIZATION ACT See Airºny and cross-references there- ſu%der. Text of act, 1717, 1725, 1738, 1741, 1745, 1775, 1785, 1793, 1797, 1812, 1831, 1840, 1842, 1868, 1883, 1905, 1908, 1911, 1912, 1936, 1946, 1990, 2009, 2172. ARMY SERVICE SCHOOLS Translator for, 2016.a.a., Appendix p. 1755. ARMY WAR COELJſ, EGE Płº, of officers from general staff corps, 7 * - General staff corps, detail of officers to, 1763b. Supervision by, 1763b. President of, 1762a. Purpose, 1763a. SuperVision by general staff corps, 1763b. GENERAL INDEX [Page 1981] [References are to sections, except where otherwise indicated.] ARRAIGNMENT Consular courts, 7637. Court-Martial, 2308a, art. 21. Standing mute upon, entry of plea, 1698. ARREARS omeº army officers, set off against pay, Set off against salaries, 3239. Pay of army, 2197, 2204, 2205. Pensions, 9003-9005. No fees to agents, 8999. ARRIEST See Warra.ºts. Absconding Indians guilty of crime, 4155. Alien enemies, 7615–7618. Army, deserters, 2296, 2297, 2308a, art. 106. Duration of confinement, 2308a, art. 70. Oificers, accused of crimes, 2308a, art. 69. Releasing prisoners' or escape, 2308a, art, 73. Report of prisoners, 2308a, art. 72. Soldiers accused of crimes, 2308a, art. 69. Authority to make and how made, for crimes or offenses, 1674. Forest reserve employés for violations of regulations relating to national forests and parks, 5153. onenº. in national military parks, ... Yellowstone Park, 5194. Sergeants-at-Arms for violation of regulations for protection of Capi- tol, 3393. Superintendent of national cemetery for defacing cemetery, 9376. Chinese, unlawfully in United States, 4313. Complaint attached to warrant, 1678. Concealing person from arrest, 10311. Copy of charges and time of trial by courts-martial, 2308a, art. 70. Courts-martial, naval militia, 3078a (50). Customs officers, assistance furnished to, penalty for refusal, 5774. Authority in Alaska for violation of : relating to fur-bearing animals, Boarding vessels and making, etc., 576i. Deserters, army, 2296, 2297, 2308a, art. 106. Navy or Marine Corps, 2953. Revenue-Cutter Service, 8459%b (63). Discharge from, in civil actions, according to State laws, 1637. Exemption, bankrupts, 9593. Congressmen (Const. art. 1, § 6, cl. 1). Enlisted men, army, 2018. Hawaiian legislators, 3671. Marines, 2927. False claims against government, 6413. Federal Farm Loan Act violators, 9835V Fees of marshal, 1386. Fishing for shell fish in New York Harbor channels, 9941. Foreign public ministers thereof forbidden, 7611. Penalty for suing out process, 7612. When allowed, 7613. Foreign seamen, 7629-7631. Desertion, 10129. Fugitives from justice, 10110, 10.124. Removal to or from Philippine IS- lands, 1675. Illicit distillers, 1676. Migratory game, etc., bird treaty act, Vio- lation of, 8837e, Appendix p. 1795. Militia, courts-martial to issue Warrants for, 3049g. Naval officers, punishment by order of commander, 2985. Obstruction of navigation, etc., 9922. Prisoner by bail, 1682. Sale of liquors to Indians or introduction of liquors into Indian country, 4140. United States Commissioners to bind over accused, Crater Lake National Park, 5230g. Glacier National Park, 5248g. Mount Rainier National Park, 5227g. Vessel owners, etc., depositing refuse in New York Harbor, 9.935. - Vessels departing from port before re- port or entry, 5469. - - Violation of liquor laws in Alaska, 3643i. Warrants, in Porto Rico, 3803a.a. Issue by ministers and consuls of United States in certain foreign countries, 7637. or servants ARREST (Cont'd) Warrants (Cont'd) Violations of internal revenue laws, 1677. . - Witnesses to compel giving of recogni- Zance, 1492. 4. ARREST OF JUDGMEN Criminal cases, writs of error in behalf of United States, 1704. Unaffected, 1704a. Defects of form, 1591. ARSENALS Abolition, 3086. Accounts, examination of by Auditor, 420. Acquisition of land for, opinion as to ti- tle and consent of state legislature, 6902. Power of Congress (Const. art. 1, § 8, cl. 17). Alien enemies not to approach within one-half mile of, 7615. Armory at each, 3079. - Artificers and workmen at, exempt from service as jurors, 3088. Congress, purchase and power over Site for (Const. art. 1, § 8, cl. 17). ſº Enticing workmen from, 10207. Leaves of absence, 3248. Obtaining information concerning, 10212a. Political contributions not to be received in, 10289. Punishment for offenses committed in, 10445–10462. Selective draft Imen, 2044d. Testing machine, 3109, 3110. Workmen, misconduct, 3087. of artificers and work- | ARSQN Dwelling house, 10458. Indian country, 4146. Other buildings, 10459. g Extradition for, of fugitives from foreign country, 10110. & Homicide in attempt to commit, 10446. Indian reservations in South Dakota, 3. Jurisdiction, 1009. Indians, 10502. Punishment of persons in military Service, 2308a, art. 93. ART Commission of Fine Arts, 3367–3369. Customs duties, 52910376). Exhibitions in Capitol prohibited, 3388, 3389. Smithsonian Institution, reception and ar- rangement of objects of, 10575. Works of, acceptance by Joint Commit- tee on Library, 3390. ARTESIAN WELLS Purchase of supplies by the Indian Serv- | ice, contracts, etc., 4040. Reclamation of arid lands, 4701. ARTICHLE OF WAR, ACT See Articles of War; Slaves. Fugitive slaves, 2978. ARTICLES FOR GOVERNMENT OF NAVY - Adequate punishments by court-martial, recommendation to mercy, 3020. Arrest, duty of officer arrested, 3012. Authentication, judgment of court-mar- tial, 3021. w Authority of officers after loss of vessel, 2981. Charges, presentation to person accused, 30 Coast Guard, in time of war subject to, 845.9%a (7). Commanding officers, duties, 2962, 2980. Duties, accounts of men received, 2980. Accounts of men sent from ship, 2980. Attendance at final payment of crew, 2980. Deaths and desertions to be minut- ed, 2980. Deceased persons’ property, 2980. Hanging up and reading articles, 2980. Health of crew, 2980. Inspection of provisions, 2980. Punishment for offending against article, 2980. Receiving men on board, 2980. List of officers, men and passengers, ARTICLES FOR GOVERNME NAVY (Cont'd) NT of Connºtion, Sentence of court-martial, Sentences of Sūrūrīdary courts-martia) and of deck courts, 3022. Contempts of Court, 3010. Courts of inquiry, 3026-3031, 3035, 3036. crimº fraud against United States, Agreement to obtain payment of false claim, 2975(2). Buying. military property, 2975(9). Delivering less property than receipt calls for, 2975(6). - Effect of discharge or dismissal on lia- bility. to punishment, 2975(11). Executing, attempting, or countenanc- In § fraud against United States, 2975(10). False papers, 2975(3). Forgery, 2975(5). Giving receipts without knowing truth thereof, 2975(7). Perjury, 2975(4). Presenting false claim, 2975(1). Stealing, wrongfully selling, etc., property of United States, for mil- itary or naval service, 2975 (8). Pºns in supplies on private account, Deck courts, 2987–2993, 3022. Depositions in naval courts, 3038. Desertion by resignation, 2971. Dismissal of officers, 3004. Officer dismissed by President may demand trial, 3005. Distilled Spirits admitted on board ves- Sels of war only as medical stores, 2974. Divine service, 2963, 2964. Irreverent behavior, 2964. Enlisting deserters, minors, etc., 2979. Ensigns for aeronautic duties subject to, 2952%t. Fleet naval reserve, members transferred to governed by, 29.00%b (9). Fraudulent enlistment punishable by court-martial, 2983. - Gºal courts-martial, 3003-3025, 3035, Hanging up and reading articles, 2980. Importing dutiable goods in public ves- sels, 2973. - Imprisonment in penitentiary, 2968. Lieutenants for aeronautic duties only subject to, 2952%t. - Limitºns of trials for offenses, 3032, Desertion in time of peace, 3033. Maltreating persons taken on prize, 2977. Members of naval reserve force subject to only during service of United States, 2900%a (18). Murder punishable by death, 2967. National naval volunteers while in serv- ice of United States subject to, 3078b (4). Naval militia, when in service of United States subject to, 3078a (35). Navy to be governed by, 2961. Oaths, authority to administer, 3037. cºmartial and judge advocate, Cº.; of inquiry and judge advocate, Sºlary court-martial and recorder, Witnesses, 3009. Offenses committed on shore, 2984. Offenses not specified in articles, 2982. Offenses punishable at discretion of court- martial, 2969. Absence from duty without leave, 2969. Combinations against superior officer, Contempt of superior officer, 2969. Cruelty, 2969. Desertion in time of peace, 2969. Duels, 2969. Failure to prevent destruction of pub- lic property, 2969. False muster, 2969. Fomenting quarrels, 2969. Harboring deserters, 2969. Mutinous words, 2969. Neglect of orders, 2969. Negligence in convoy service, 2969. Negligent stranding of vessel, 2969. Plundering on shore, 2969. - - Profanity, falsehood, etc., 2969. Quarreling, 2969. GENERAL INDEX [Paige 1982I [References are to sections, except where otherwise indicated.] ARTICLES FOR GOVERNMENT OF NAVY (Cont'd) - Cffenses punishable at discretion of court- martial (Cont'd) Receiving articles for freight on ves- sel of navy, 2969. Refusing to apprehend offenders, 2969. Refusing to receive prisoners, 2969. - Violating, general orders or regula- tions, 2969. Waste of public property, etc., 2969. Offenses punishable by death, 2965. Cowardice in battle, 2965. Deserting duty in battle, 2965. - Deserting trust in time of war, 2965. Desertion in time of war, 2965. Disobedience of order, 2965. - Failing to afford relief in battle, 2965. Failing to encourage fight, 2965. Failing to seek encounter, 2965. Intercourse with enemy, 2965. Leaving station, 2965. Messages from enemy, 2965. Mutiny, 2965. - Neglecting orders to prepare for bat- tle, 2965. Neglecting to clear for action, 2965. Nºcting to join on signal for battle, Sleeping on watch, 2965. Spies, 2966. Striking flag or treacherously yield- ing, 2965. - Striking superior officer, 2965. Unlawful destruction of public prop- erty, 2965. ** Willful stranding or injury of vessel, 2965. Officer absent without leave may be re- duced in rating, 2970. Prisoners, allowances during confinement and on discharge, 3039, 3040. Punishment by flogging, branding, not to be inflicted, 3018. Punishment by officer temporarily Com- manding, 2986. Punishment by use of irons restricted, 3017. - Punishment for offenses in time of peace, discretion of court-martial, 3034. Punishments by order of commander, 2985. Certain punishments not permitted ex- cept by sentence of general or sum- mary court-martial, 2985. Confinement, with or without irons, etc., Deprivation of shore liberty, 2985. Extra duties, 2985. Reduction of rating, 2985. Solitary confinement, 2985. Solitary confinement on bread and Wa- ter, 2985. Remissión and mitigation of sentence of court-martial, 3024, 3025. Removing property from prize, . 2976. Returning fugitives from Service, 2978. Sentences of court-martial, 3019, 3022-3024. Student flyers subject to, 2952%t. Summary courts-martial, 2994-3003, 3022. Suspension of pay. by court-martial, 3016. witnesses, depositions, 3038. Examination, 3015. Failure to appear or testify, 8086. Fees and mileage, 3036. Oath, 3009. Process for, 3035. ARTICLES OF CONFEDERATION Text, pp. 3-5. ARTICLES OF WAR e See Courts-Martial; Courts of Inquiry. Abandoned property, sale or purchase prohibited, 2308a, art. 80. Absence without leave, 2308a, art. 61, a Accoutrements, sale or loss, 2308a, art. 84. Acts done not affected by adoption of, 2308C. All troops subject to articles, 2308a, art. 2(a. Ammunition, sale or waste, 2308a, art. 84. Armies to be governed by, 2308a, art. 2. Arms, sale or loss, 2308a, art. 84. Arrest of officers accused of crimes, 2308a, art. 69. .* Branding, 2308a, art. 41. Buying public military property, art. 94(10). - Cadets subject to, 2308a, art. 2. Captured property, sale, or purchase Of prohibited, 2308a, art. 80. 2308a, ice, 2308a, art. 79. Challenge to fight duels, 2308a, art. 91. Clothing, sale or loss, 2308a, , art. 84. ARTICLES OF WAR (Cont'd) Commanders not to be interested in sale of victuals, 2308a, art. 87. Command when different corps join, 2308a, art. 120. Commissary-sergeants, subject to, 1794. Compelling surrender, 2308a, art. 76 Conduct unbecoming an officer and gentle- man, 2308a, art. 95. - Copy of charges, 2308a, art. 70. Corresponding with enemy, 2308a, art. 81. Cowardice, 2308a, art. 75. Crimes, 2308a, arts. 92, 93. Crimes and disorders to prejudice of mili- tary discipline, 2308a, art. 96. Damage to military stores, 2308a, art. 83. Deceased officer’s effects, 2308a, art. 112. 2308a, art. 112, Appendix p. 1760. Delivering less property than receipt calls for, 2308a, art. 94(7). Desertion, 2308a, arts. 58-61. Discharge and dismissal of officers, 2308a, arts. 44, 118. - Discharge of enlisted men, 2308a, art. 108. Disclosing watchword, 2308a, art. 77. Disrespectful words, against president, etc., 2308a, art. 62. Toward officer, 2308a, arts. 63, 65. Drunk on duty, 2308a, art. 85. Duels, 2308a, art. 91. Duration of confinement, 2308a, art. 70. Effective date, 2308b. - Embezzlement, 2308a, art. 94(9). Escapes, 2308a, art. 73. False alarms, 2308a, art. 75. False certificates, 2308a, art. 56. False claims against United States by persons in military service, 2308a, art. 94(1-6). False muster, 2308a, art. 56. False paper, 2308a, art. 94(4). False returns, 2308a, art. 57. 2308a, art. 57, Appendix p. Field clerks subject to, 1980a. Quartermaster corps, 1788C. Flogging, 2308a, art. 41. Forcing safeguard, 2308a, art. 78. Forgery, 2308a, art. 94(6). Fraud against United States, 2308a, art. 94. 1760. Fraudulent enlistments, 2308a, art. 54. Giving receipts without knowing truth of, 2308a, art. 94(8). Horses, sale or loss, 2308a, art. 84. Inmates, army and Navy Hospital at Hot Springs subject to, 9210. National Home for Disabled Volunteer Soldiers to be subject to, 9279. Soldiers' Home to be subject to, 9230. Limitation of time of prosecution by courts-martial, 2308a, art. 39. Losing or spoiling accoutrements, 2308a, art Marine corps subject to, officers and men of medical department of Navy Serv- ing with marines, subject to, 2948a. While serving with Army, 2308a, art. 2(c), 2948. Misbehavior before enemy, 2308a, art. 75. Mustering persons not soldiers, 2308a, art. 56. Musters, 2308a, art. 56. Mutiny, 2308a, arts. 66, 67. Oaths, authority to administer, 2308a, art. 114. Offenders to be delivered to civil magis- trates, 2308a, art. 74. . Officers, keeping good order, 2308a, art. 89. Making unlawful enlistments, 2308a, art. 55. - Not to be interested in sale of Vict- uals, 2308a, art. 87. Reserve corps, subject to, on active service, 18810. Patients in hospital Ft. Bayard, N. Mex., subject to, 92.12. Paymaster’s clerks subject to, 1800. Penitentiaries, 2308a, art. 42 Perjury, 2308a, art. 94(5). | Post quartermaster sergeants, subject to, 1787. Prisoners, duty to receive, 2308a, art. 71. Release without authority, or escape, 2308a, art. 73. Report of, 2308a, art. 72. -* Publication, articles, 2308a, art. 110. Officers cashiered for cowardice Or fraud, 2308a, art. 44. - Punishment by courts-martial, 2308a, art. Captured stores segured for public Serv- | 45 - Fraud against United States, 2308a, art. 94(11). - Quarrels and frays, 2308a, art. 68. ARTICLES OF WAR (Cont'd) Rank of militia officers, 2303a, art. 119. Reading to recruits, 2308a, art. 110. Relieving enemy, 2308a, art. 81. - Removal of causes, proceedings against Soldiers, etc., 2308a, art. 117. Rºtºrul or provoking speeches, 2308a. al, I’t. Retainers of camp, 2308a, art. 2(d). . Retired officers of army subject to, 2070. Returns of regiments, etc., 2308a, art. 57. 2308a, art. 57, Appendix p. 1760. Riot, 2308a, art, 89. Sales prohibited, 2308a, arts, 84, 87. Sentinel sleeping on post, 2308a, art. 86. Soldiers accused of crime, 2308a, art. 69. Sentenced by court-martial subject to, 2308a, art. 2(e). - Sentence of discharge, subject to arti- cles, 2308a, art. 2(e). sºldier; Home, inmates subject to, 2308a, al’U. 24. Spies, 2308a, art. 82. Stealing ordnance, etc., 2308a, art. 94(9). Striking officer, 2308a, arts. 64, 65. - Taking money on mustering, 2308a, art. 56. Tattooing, 2308a, art, 41. Time of trial, 2308a, art. 70. Trial for same offense, 2303a, art. 40. Violence to persons bringing provisions, 2308a, art. 88. - Volunteer forces subject to, 2308a, art. 2. Wasting ammunition, 2308a, art. 84. Wasting or spoiling property without , or— ders, 2308a, art. 89. - Wºtul Sale of Ordnance, etc., 2308a, art. Wrongs, to officers and soldiers, 2308a, art. 121. To soldiers, 2308a, art. 121. ARTIFFICERS . See Mechanics. Armories, arsenals and navy yards, selec- tive draft, 2044d. Army, detail of soldiers as, 2007. Infantry company, 1738. Pay, 2143, 2144, 2158. Tecruit and prison companies, 2011. Service schools, 2017. Arsenal or armory, exemption from serv- ice jurors, 3088. Misconduct, 3087. Exemption from militia duty, 3043. Pensions to dependent relatives of, 8997. ARTHFHCHAL LIMBS Disabled soldiers and Sailors to be fur- nished with, 514r, 9.120. - Fees to agents, attorneys, etc., forbid- den, 9124. Money commutation for, 9121-9123, 9126. Pension to persons disabled who can- not use, 8948. Transportation to obtain, 9125, 9127. ARTILHARERY See Coast Artillery; Barracks, 1984. * Expenditures for, 1983. Organization, etc., 2044a. Chief of Artillery, 1727, 1728. Corps, arm of army, 1717, 1717a. Designation of, and discontinuance of regimental organization, 1725. Master electricians, 1726. Issuance of field artillery material to na- tional guard, 3062. Material for manufacture of sacks for car- tridges admitted duty free, 6851. Military academy, instructor, 2206. Militia, equipment of, 3062.a. Existing state artillery to remain part of, 3044c. - Officers, members of Board of Ordnance and Fortification, 3111, 3113. - Pay, enlisted men, 2144, 2144a. Non-commissioned officers, 2150. Purchases of horses for, 6848. 6848a, Appendix p. 1783. School of instruction, 2016, 2016.a. Ammunition issued to schools to which issue of artillery is authorized, 3097. Sites for forts to include land for artil- lery barracks and quarters, 6912. ARTISANS Field Artillery. See Mechanics. ARTISTS Employment by Director of the Mint, 6447. Immigration, 4289%b. . -- - ASH PANS - Locomotives in interstate commerce to be equipped With Safety ash pan, 8624-8629. GENERAL INDEX [References are to secti ASIATIC FLEETS See Fleets. ASIATICS See China–Chinese. - Exclusion from United States, 4289%b. ASSAULT - Army, superior officer, 2308a, arts. 64, 65, 68 Punishment of persons in military service, 2308a, art. 93. Felonious, 10449. Grain Standards Act, officer engaged in enforcing, penalty, 87.47%i. Immigration officers, 4289%i. Indians, 10502. .* Intent to kill, etc., 10449. High seas or on board foreign Wessels, extradition of fugitives from foreign country, 10110. Indian country, punishment, 4145. Indian reservations in South Dakota, Jurisdiction, 1009. Letter or mail carrier, 10368. Mail custodian with intent to rob, 10367. Ministers of foreign nations, 7610. Navy, punishment, 2969(3). Superior officer, 2965(3). - Officer executing search warrant, 10496%r. Officer or employé of Bureau of Animal Industry, 10230. Officers, 10310. Officers, etc., under food conservation act, 31.15%m. Railroad employés, etc., 10495. Ráilway postal clerk, penalty, 10363. Revenue officers, 10233. Seaman on officers, 8380. Simple assault, 10449. Train robberies, 10495. ASSAY See Mints. ASSAY COMMISSIONERS See Mints. ASSAYERS See Mints. ASSAYING See Miºts. ASSAYISTS Employment, to reclassify bama, 4656. ASSAY OFFICIES See Miºts. ASSEMBLAGES - - Capitol grounds, prohibited, 3399. Injunction not to be granted to prevent employés from peaceful assemblage, 1243d. ASSEMBLY Right of, Philippines, Porto Rico, 3803aa. ASSESSMENT OF IN COME TAX See I?" corne T'aac. ASSESSMENTS Banks for expenses of examinations, 9832. Federal reserve banks to pay expenses of Federal Reserve Board, 9793(3). Political, prohibited, 10288. Relief of persons in military service, 3078%pp. - Assissuests OF HINTERNAL REVE- TJF lands in Ala- 3810. See Collection of Internal Revenue. Annual returns of persons liable, 5896. Articles sold without stamps, 6348. Canvass of districts for objects of taxa- tion, 5895. Circulation of banks, 6295-6298. - Collector may summon person liable, 5896. Attachment of person failing to obey Summons, 5896. - Form of summons and manner of service, 5897. Commissioner of Imake, 5904. May regulate modes and times of as- Sessing and collecting when laws are changed or in absence of laws, 6349. Correction of incomplete or imperfect re- turns, 5904. - Penelº, in production by distiller, 6089, returns required, internal revenue may Remission or refunding of assessments in Certain cases, 6091. Fºsive production by distiller, 6089, False return, penalty, 5899. [Page 1983] ASSESSMENTS OF INTERNAL REVE- NUE (Cont'd) - False returns or refusal to produce books, punishment, 5901. Filled cheese sold without stamps, 6249. mºtion suits not to be maintained, Laws applicable to act to increase reve- nue for war purposes, 6348a. Lists of taxable property, 5896. Penalty for failure to make, 5899. Verification, 5896. Mixed flour sold without stamps, 6263. Notice to make list of property Subject to tax, 5896. Obstructing officers, forfeitures, 5900. Officers may enter premises where taxable articles are kept, 5900. Oleomargarine, sold without stamps, 6221. Opium tax, laws relating to made applic- able, 6287m. Returns of taxable property, 5896. False or fraudulent, 5896b. Penalty for failure to make, 5896b, 5899. Persons liable to additional taxes, 896a. Property owned by non-resident, 5902, 5903 Time for making, 5907. Extension, grounds, 5899. Special excise taxes, 5980k. Stamp taxes, 6318ftc.). Tobacco, snuff or cigars sold without stamps, 6180. White phosphorus matches sold without stamps, 6279. - ASSESSORS Accepting bribe, 10303. ASSIGNATION HOUSES - Suppression near military and nava camps, etc., 2019b, 2813e. ASSIGNEES United States Shipping Board, act cable to, 8146aa, Appendix p. 1789 ASSIGNMENTS See T'ransfers. Assignment to duty, see Details. Alaska, coal land leases, 5078m. Allot.Iments under War Risk Insurance Act, 514nn.nº/A, Appendix p. 1739. Assignee's liability for debts due United States, 6373. Certificates for transportation of desti- tute seaman, 8369. - Certificates of deposits by settlers fo surveys, 4814. - cºcates of location in certain States, 5101. . . Claims for bounties, by colored soldiers, forbidden, 3969. Claims for compensation by injured em- ployé, 8932m. Ciairms on government, made before war- rant issued, void, 6383. Not applicable to payment for rent of postoffice quarters, 6384. Compensation under War Risk Insurance Act, 514tt - 514 minnº, Appendix p. 1739. Comptroller of currency’s as evidence, 496. Copyrights, 9563. - Acknowledgment in foreign countries, 4 - appli- Certificate of records, 9566. Name of assignee and notice of copy- right, 9567. Recording, 9565. Corporations, returns of income to be made by, 6336m [c]. Debentures, delivery and indorsement, 5743. Liability of indorser, 5742. Desert land entries, 4682. Patents to assignee, 4685 (4). Reclamation projects, 4733. Desert lands within irrigation projects, limitation on, 4714c. Disloyal contractors, certain, may be reC- ognized, 6387. * Family allowances under War Risk Insur- ance Act, 514 nm nº.4, AppendiX p. 1739. Homestead entry forbidden, 4560. Completed entries within reclamation projects allowed, 4727, 4732a. Hot Springs Reservation leases and priv- ileges, 5253. Indian contracts, restrictions, 4090. Insurance under War Risk Insurance Act, 514 ululu. - 514nnnº, Appendix p. 1739. ons, except where otherwise indicated.] ASSIGNMENTS (Cont'd) Jurisdiction of district courts, assignees, 991(1). - Suits by assignees, assignees of benture for drawback, 991(10). Land-warrants, 4826. Before issue, all sales, mortgages, and aSSignments void, 4848. Mail contracts prohibited, 7451. Military bounty land warrants, 4853. Widow, etc., 4856. Money-orders, once only recognized, 7565. National banks, after acts of insolvency void, 9834. Oil or gas land before discovery of oil or gas, 4637. Patents, or interest in patent, how made; recording, 9439, 44. - Pay, employés of Agricultural Depart- ment, 808. Emplº coast and geodetic survey, 9. suits by de- Geological Survey, 774. Reclamation service, 4745. Persons in army, 2166-2168. Pensions to be void, 9077. Postal Clerks, 7231b, Appendix p. 1785. Right of action for injuries to persons entitled to compensation under War Risk Insurance Act, 514tttt. Rights of way in Alaska, 5089. Salvage Services of seamen, 8325a. sºr's additional homestead certificate, Trade-marks, 9495. - - Wages, naval service, 2600, 2873. Seamen, exemption, 8325a. ASSIGNMENTS FOR BENEFIT O CREDITORS - Acts of bankruptcy, 9587. ASSIGNMENTS OF ERRORS Annexed to writ of error, 1653. ASSIGNS Included in “company” or “associa- tion,” 5. º ASSISTANT ADJUTANT-GENERAL See Adjutant-General. ASSISTANT ADJUTANTS |See Adjutants. ASSISTANT APPRAISERS See Appraisers. ASSISTANT ATTORNEYS See Attorney-General; Attorneys. ASSISTANT ATTORNEYS-GENERAL See Attorney-General. ASSISTANT CHEMISTS See Chemists. ASSISTANT CHIEF INSPECTORS See Chief Inspectors. ASSISTANT CHIEF OF BUREAU HNSUHLAR, AFFAIRS See Chief of Bureau of Insular fairs. ASSHSTANT CHIEF OF BUREAU NAVIGATHON See Naºjigation. ASSISTANT CHIEF OF BUREAU ORDNANCE - See Chief of Ordinance. - ASSISTANT CHIEF OF BUREAU STEAM ENGINEERING See Navy Department. ASSISTANT CHAEF OF BUREAU SUPPLIES AND ACCOUNTS See Supplies and Accounts, Bureau of. ASSISTANT CHEF OF PHILIPPINE CONSTABUILARY - Chief of Philippine constabulary, see Philippines. - ASSISTANT CHIEF OF RECORD AND PENSION OFFICE OF Alf- of (OIF OF OF C6. ASSISTANT CIVIL ENGINEERS See Civil Engineers. ASSISTANT CLERRS See Clerks. - ASSISTANT COLLECTORS OF CUS- TOMS See Collectors. ASSISTANT COMMISSIONERS See Commissioner of General Land Office; Commissioner of Indian Alf- fairs; Commissioner of . Mediatio? and Conciliation; Commissioner of Pate??t S. ASSISTANT COMPTROLLERS See Comptroller of Treasury. sº Chief of Record and Pension Of- GENERAL INDEX [Page 1984] [References are to sections, except where otherwise indicated.] ASSISTANT DIRECTORS See Director of the Census. ASSISTANT DISTRICT ATTORNEYS See District Attorneys. ASSISTANT DOORKEEPERS See Doorkeeper. * ASSISTANT IFNGINEERS See Engineers. - ‘… ASSISTANT GENERAL SUPERIN- TENIDENT OF FEEE DIELIVERY See Post-Office Department. ASSISTANT INSPECTOR GENERAL See InspectO'r General. • ASSISTANT INSPECTORS See Inspectors ; Steam Vessels. ASSISTANT JUDGE ADVOCATE GEN- 3.RAL See Judge Advocate General. ASSISTANT I.A.W CLERKS See the titles of the Easecutive Departs 771.6%tS. - ASSISTANT MESSENGERS See Messengers. ASSISTANT NAVAL CONSTRUCTORS See Naval Constructors. - ASSISTANT PAYMASTERS Army, see Pay Department. Navy, see Pay Corps. ASSISTANT PAYMASTERS GENERAL See Pay Departament. ASSISTANT POSTMASTERS See Postmasters. ASSISTANT POSTMASTERS-GENERAL See Postmaster-General. ASSISTANT PROFESSORS See Military Alcademy; Professors. ASSISTANT QUARTERMASTERS See Quarterm wasters. ASSISTANT REGISTER OF TREASURY See Register of Treasury. ASSISTANTS - See General Land, Office; Passed. Als- sistant Paymasters; Passed Assist- ant Surgeons. ASSISTANT SECRETARIES See Secretaries ; Secretary of Agricul- twre; Secretary of Connºrverce; Sec- retary of Interior; Secretary of Navy; Secretary of State; Secreta- ry of Treasury; Secretary of War; Se7!, Cºte. - ASSISTANT SOLICITORS See Department of Justice ; for Department of State; of Treasury. ASSISTANT SUPERINTENDENTS *See Swperiºntendents. ASSHSTANT SURGEONS See Sºrge'O??.S. ASSISTANT SURGEONS-GENERAL See Surgeon-Geºveral. ASSISTANT TREASURERS See Treasurer of United States. ASSISTANT VETERINARHAN 'See Veterinary Corps. ASSOCIATE JUSTICES . Court of appeals of District of Columbia, books from library of congress, 142. Court of Customs Appeals, 1179. ASSOCHATE JUSTICES OF SUPREME CO URT Solicitor Solicitor See Supreme Court of United States. ASSOCHATHE NATION Defined, 10212h4/16. ASSOCHATTE PROFESSORY See Military Academy; Professors. ASSOCHATIONS . See A.77verican. Historical Association, ; Panks and Bankers; Clearing House Associations ; Corporations ; Income Taa; ; National Banks; Red Cross Associatio?". . Advances to, by War Finance Corpora- tion, 31.15% ee. American National Red Cross, 7697-7706. Annual return of property subject to in- ternal revenue tax, 5896. * Association includes what, 5. Defined, 8836%a. Income tax, 6336aſb], 6336c, 6336iſb], 6336j- 6336m, 6336xx, 6336xxx, 6336y. Irrigation and reclamation of desert lands, 4677. Lease of coal lands in Alaska, 5078c, 50786, 50786. ASSOCIATIONS (Cont'd) Liability for acts of officers, drugs, etc., 8728. Grain standards act, 87.47%. Insecticides, etc., 8776. Plant quarantine, 8763. Manufacture of alcohol free of tax for denaturing, 6137. - “Person” includes, 3115/16a, 3115*/16d 31.15% co, 31.15%p, 31.15%bb, 31.15%aa, §a. 7628h, 8728, 8763, 8776, 8818, 8146a, Appendix p. 1789. Postage on second class mail matter of associations not organized for profit, 7358b. Public lands acquired in Alaska for pur- É of trade or manufacture, 5080, 1. - Entry of coal lands in Alaska, 5075. Proof of citizenship under mineral land laws, 4616. Special excise tax, amount and computa- tation, 5980a. Credit on paying other form of tax, 5980a. - Exemption, 5980a. Nonpayment a misdemeanor, fine, 5980j. Records, statements and returns, 5980k. United States Shipping Board Act, when a citizen under act, 8146aa. 8146aa, Appendix p. 1789. ASSUIMTED NAMES Fººt under, discharge in true name, 325, ſº food and under, 7341. ASSUMIPTION OF RISK - Employès of common carrier, failure to equip cars, etc., 8612, 8660. ASTRONOMERS Naval observatory, 662. ASTRONOMICAL AIM; ANACS Exchange of data with foreign offices, 664. ASTRONOMICAL DIRECTOR Appointment, 662. ASYLUMS AND HOSPITALS See Freedmen; Hospitals; Houses of Refelge. - Columbia, institution, for deaf a/Md. dumb, see Deaf and Dwºn b. Insane, see Insane Persons. National Home for disabled volunteers, See Soldiers’ Home. Naval, see Naval Asylum. ATLANTIC COAST Additional navy yard or station on, 2804c. Improvement of harbors on, 28130. Submarine and aviation bases, 2804d. ATLANTIC FLEET See Fleets. - ATHLASIES - See Geological Survey; Maps and Plats. ATTACHES See Com/mercial Attachés. ATTACHMENT See EqCecºttiO71. *; of person charged with contempt, Bankruptcy, effect on, 9651. Compelling delivery of records of terri- torial court, 1045. + Contempt as offense, corporations, 1245b. Contempt proceedings, 1245b. Courts-martial, naval militia, 3078a (50). Dissolved in courts of United States same as in State Courts, 1559. Exemptions, compensation under War Risk Insurance Act, 514tt. Property transferred to alien prop- erty custodian, 31.15%.e. Fees of marshal, 1386, 1387. Supreme Court, 1393. Foreſſ, public ministers not liable to, Exceptions, 7613. Penalty for suing out process, 7612. Internal revenue, disobeying summons, 898. Lien, creation of new district, 1042. National banks not to issue from State courts, before, etc., 9834. Pensions not liable to, 9080. Persons in military service, stay, length of, 3078%dd. Vacation or stay of, 30.78%d. Postmasters, contractors, etc., 1550–1558. Priority of debts due United States, 6372. Identification of persons claiming mail ATTACHMENT (Cont'd) Property in which United States claim interest, release, 6950, 6951. Remedies by, in United States courts same as by laws of States, etc., 1539. Removal of causes, 1018. r Salvage, exemption, 8325a. Wages of seamen, exemption, 8325a. Witnesses, appearance before collector of internal revenue, 5898. Prosecution for bigamy, etc., 1493. ATTAINDER Bills of, prohibited (Const. art. 1, § 9, cl. _3); (Const. art. 1, § 10, cl. 1). - Philippines, 3810. Porto Rico, 3803a.a. ATTEMPTs To commit crimes, see Crimes and Of- fenses. ATTORNEY-GENERAL See Criminal Procedure; of Justice; Prisons. Hawaii, see Hawaii. Porto Rico, see Porto Rico. Solicitor general, see Solicitor General. Special counsel, see Special Cottººsel. General provisions, 515-566. - Absence of, Solicitor-General to act, 516. Accounts, Auditor’s examination, 420. Examination of, 433. Accounts of district attorneys, etc., Departme?vt Modification of requirements for trans- mission of accounts, 430. * Regulations of expense accounts, 1425. Advice on law, to President, 529. War and Navy departments, 531. Alaska, court clerks’ bonds filed with, 357 - Court clerks to report fees to, 3572. Court clerks to reside at places desig- nated by, 3567. Deputy marshals, approval of appoint- ment, 3569. District attorney to reside at place designated by, 3568 District courts, 3564. Jail and court houses to be authorized by, 3588. - Marshal’s bond increased by, 3571. Marshals to reside at place designated by, 3570. - Officers’ fees prescribed by, where not fixed by law, 3587. Recording fees prescribed by, 3577. Road act, copies furnished for Over- seers, 3602. School service, employés appointed as peace officers, 3609. Seal provided by, 3561. Aliens, enemies, 7615. Escheat of lands in territories, 3494. Forfeiture of lands in District of Co- lumbia, 3500. Argument of cases, 533. Assistant Attorneys-General, appointment, etc., 517-520. - Additional assistant appointment, Sal- ary, 518 Books from library of congress, 139. Deputy Assistant, appointment, duties, salary, 519. Not affected by Underwood Tariff Act, 53.16. - Duties, 517, 519. Interior Department, title changed to solicitor for, 523a. Post-Office Department, 570. Title changed to solicitor, 570a. Salaries, 517-520. Special counsel, 519. Supervision of, 519. Supreme Court reports for, 1203. Attorneys or counsel, appointment, 519, 5a. & Pºlans for executive departments, Salaries, 525a, Appendix p. 1743. Board of parole, approval of rules and regulations, 10536. Bonds, clerk of Supreme court, approval, - 1196. . Clerks and marshals may be required to furnish bond in greater amount, 133 Clerks of United States Courts, re- newal, 1323a, Appendix p. 1745. Determination of amount of bond of district clerk, 1323. Books from library of congress, 139. GENERAL INDEx ATTORNEY-GENERAL (Cont'd) Certificate of importance of suit under anti-trust laws, 8824. - Court of customs appeals case, 1186. Claims pending before Congress, copy of order for taking testimony served on, Commerce cases, control of, 1005. Employment of special attorneys and Counselors, 1005, Enforcement against carriers of orders of Interstate Commerce Commission Other than for payment of money, 8584(12). - Enforcement of common carrier’s pub- lished tariffs, suits for discrimina- tions, etc., 8599. Forfeitures for failure of common car- riers to obey orders of Interstate Commerce Commission, 8584 (9). Commissioner of general land office, ap- proval of decisions, 5107. commºons, counsel specially retained, Countersigning commissions of judicial officers, 3252. Compensation, counsel to aid district at- torneys, specification of, 538. Special counsel to be stipulated, 519. Condemnation, desert lands, 4706. Inºctionary property captured, Land for river and harbor improve- ments, 9881. River and harbor improvements on behalf of state, 988ic. Sites for public buildings, 6909. Quarantine stations, 9168. , Jonduct of cases, 533, 534. Cº. committed to district attorneys, Control of solicitors, etc., 522. Copies of papers relating to suits forward- ed to from . Auditor for Post-Office De- partment, 465. - Cotton factories at United States Peniten- * at Atlanta, 10563a–105635, Appendix p. 1800. - Counsel-fees to other than district attor- neys, how allowed, 540. Counsel to aid district attorneys may be retained, 538. Counsel to be provided in examinations of gººms on application of departments, Court of claims, appearance in, 1176. Court rooms for circuit courts of appeals, approval Of, 1119. Customs duties, certificate for refund of excess, 5715. - Employment of special counsel in, 519. - Direction of officers of department, 536. Disbursing clerk, designation of, 546. District attorneys, clerical assistance, al- lowance, 1427. . Direction of proceedings by district at- torneys at request of Interstate Com- merce Commission, 8576. g Employment of counsel to assist, 538. Office expenses, allowance, 1426. Reports of, 537. # District court of Porto Rico, determina- tion of salaries of officials and assis- tants, 3803t. . District of Columbia, district attorney’s returns and accounts, tº Marshal and warden of jail to be al- lowed only actual reasonable cost of subsisting prisoners, 10546. Estimates for United States Penitentiary, McNeils Island, Washington, 6720 Evidence in suits pending in court of claims, 270. Examination of title to lands to be ac- gººd for protection of water sheds, Extradition cases, certificate of expenses, 101.17. Federal farm loans, assistance in exam- ining state laws, 9835u (2). Federal Reporter and digests of, 1206. Distribution, 1206. . Federal Trade Commission, failure to make reports to, forfeitures, prose- cutions for, 8836j. Investigation of methods violating an– ti-trust acts, request for, 8836f(5e). Mandamus to compel obedience to or- ders of, 8836i. Request to investigate enforcement of anti-trust decrees, 8836f(3c). CoMP.ST.’18—125 - [Page 1985] ATTORNEY-GENERAL (Cont'd) Forfeitures, Alaskan coal lands, interest in, 5077, 5078f. - Excess holdings of irrigable lands, 4730, 4732a. Failure to make reports to Federal Trade Commission, 8836j. Potassium land leasehold 4640g. Railroad grants for failure to make lºst for costs of surveying, etc., Rebates from carriers, 8597. Habeas corpus proceedings, notice of, 1290. Head of Department of Justice, 515. Heads of bureaus to be furnished service Of Counsel, 539. . Heads of departments to be furnished opinions, 530. -. Insane convicts, contracts for accommoda- tion in state asylums, 9322. Transfer of to insane hospital, 9321. Internal revenue laws, permission to dis- continue criminal prosecutions aris- ing under, 5953. Recommendation of necessary in cases of compromise of suits arising un- der, 5952. Inventories of public property, 280. Judgment in suit against United States certified to, 1578. Mandamus, request for, aiding United States Tariff Commission, 5326g. To compel common carriers to comply with requirements, 8592. Physical Valuation Of 8591(15). Marshals, direction as to payment of Sal- aries of judges, 1312a. . Fixing place of office residence, 1424. Office expenses, allowance, 1426. Regulations for returns of earnings and expenses, 1425. Reports, 537. Appointment of field deputies, 1423. Monopolies, restraint of import trade, suits, 8832. Suit to determine right to use Pana- ma. Canal, 8836. National Training School for Boys, bond of superintendent, 9397. interests, property, Compensation of employés, approval, Parole of inmates approval, 9408. Report by President of Board, 94.10. Trustee recommended by, 9892. National Training School for Girls, parole of inmates approved by, 9424. e Navigation, obstructions, instituting pro- ceedings, 99.10a. º * Recovery of cost of constructing aids, 9969. - Removal, 9965. Dams, 9980. Unauthorized structures, 99.17. Reports of district attorneys of, pros- ecutions for obstruction, etc., tran- script for Secretary of War, 9922. Navy department, advice furnished to, 31. of, 522. tº , control Officers to attend to suits in May be required any State, 542. * May be required to perform any de- partment duties, 535 Opinion, heads of departments, 530. . * Law officers, publication, etc., of, 559. President, 529. Subordinates, approval of, 532. e Title to land to be purchased by Unit- ed States, 6902, 6903a, 6911a. Property for barracks, 1981. Property for housing of war-in- dustry employés, 31.15%6. Ship yard employés, 8146t. Patents erroneously issued to railroads, cancellation, 4896. Petition in suit against United States, mailed to, 1576. Porto Rico, 3803e, 3803ee, Postal savings depositories, board of trustees, 7580. President, advice and opinion to, 529. suggession to office of President, 219, 220. Prisoners, approval of parole, 10537. Approval of parole of prisoners in re- formatories, 10543. º of place of 3803W. member of imprisonment, bridges under direction of, I [References are to sections, except where otherwise indicated.] ATTORNEY-GENERAL (Cont'd) Prisoners (Cont'd) Contracts for subsistence, 10548. Subsistence of juvenile offenders in house of refuge, 10551. Deductions from term for good con- duct, 10559. - - - Designation of board of parole, 10536. Designation of house of refuge for confinement of juvenile offenders, 10550. Designation of penitentiaries, 10547. Payment of expenses of transportation and subsistence, 10547. Prescribe regulations 10546. Rºgation of forfeited commutation, for marshals, Prison officers, appointment of, 10555. Prisons, control and management, 10555. Erection of buildings, 10552. Purchase of sites for, 10552. Selection of location, 10554. Professional assistance to Executive De- partments or Bureaus in claim proceed- ings, 269. Publication, etc., of opinions by, 559. Purchase for United States and partition suits, 1579. Railroads, actions for price of lands granted, 4898. * Collection of cost of surveying, railroad land grants, 4884. Collection of percentage of net earn- ings due United States, 10061. Redemption of liens, etc., on goverr, - ment aided roads, 10070. Reference of questions to subordinates, 532. etc., Register of distribution of statutes and reports, 566. Rental of building for Department of Justice, 6933a. - Reports, annual reports to Congress by, 560-566. Appropriations, statement of, 560. Bankruptcy statistics to Congress, 9637, 9638. - Business of department, 560. Contingent expenses of department, Courts of United States, expenses and causes in, 560. Crimes, statistics of, 560. Distribution of statutes and reports, 566. - District attorneys’ and marshals’ re- ports to, 537. Assistants and expenses, 564. Expenditures for cotton factories at United States Penitentiary at At- lanta, 10563g, Appendix p. 1800. Expenses of United States courts, 560. Judgments of Court of Claims, 1174. Marshals, deputies, assistants and ex- penses, 564. Payments out of appropriations, state- ment of, 562. Porto Rican attorney-general, 3769. Special counsel to assist district at- torneys, 563. Requisitions for payment of moneys to be signed by, 544. Returns, district attorneys, marshals, 1394-1396. Fees, 1394. . . - Safety appliance acts, enforcement, 8638. Salary, 36, 234 - Seal, 528. Prescribe seal of United States com- missioners, 1335. Services of solicitors, quired, 535. Session laws and statutes at large, print- ing of increased number of copies, 7120. Smithsonian Institution, member of, 10565. Solicitor-General, 516. Books from library of congress, 139. May be required to attend to suits in any state, 542. Solicitor of Treasury, approval of regula- tions of, 553 Solicitors may be required to perform any department duties, 535. Special assistants, appointment, commis– sion, oath, 541. Special counsel, commission of, 541. Employment of in customs cases, 519. Egoyment to aid district attorneys, clerks and etc., may be re- Reports concerning, 563. GENERAL INDEX ATTORNEY-GENERAL (Cont'd) State attorney-general, notice of injunc- tion against enforcement of State law, 1243. - Subordinates, reference of questions to, 532 * * Superintendence marshals, 537. Supervision, accounts of marshals, dis- trict attorneys, clerks, etc., 543. Actions against officers of House of Representatives or Senate, 117. Supplies for courts and judicial officers, 6775. . - Supreme court reports for, 1201-1203, 1205. Distribution of Supreme Court re- ports and digests, 1203. Telegraph companies, forfeitures for fail- ure to report, 10085. : Preventing interference with liens, 10083. . . - Territorial penitentiaries, regulations for, 3525. * Titles to sites for public buildings, 6904. Treasury decisions, approval of change, 383. : : United States commissioners, notice of appointment, 1333. United States Shipping Board, enforce- ment of orders, 8146nn. Vacancies in office filled by Solicitor-Gen- eral, 516. . Valuation of physical property of com- mon carriers, notice of completion, 8591. War department, advice furnished to, 531. ATTORNEYS . See Alttorney-General; District Attor- neys; Solicitors; Special Cownsel. Accused, Philippines, 3810. Porto Rico, 3803aa. Admission, clerks’ fees, 1384. . Aliens, representation by counsel, 4289%i. Assignment in suits by poor persons, 1629. Assistant attorneys not to act as United States commissioners or receivers, 1334. Bank receivers, list of for official register, 7127. Capital Issues Committee, 31.15%l. Common carriers, free transportation, 8563. Compensation and fees, 1375, 1378. Bankruptcy cases, 9587. Common carriers liable to persons damaged by violations of prohibi- tions, 8572. Copyright cases, 9561. District attorneys, 1378. Enforcement of claims for bounties by colored soldiers, etc., 3969, 3971. Enforcement of orders of Interstate Commerce Commission for payment of money, 8584. - - Foreclosure of miners’ liens in Alas- ka, 5066. : Pension cases, 8938, 8966, 8970, 8972a, . 8981, 89816, 8985, 8995, 8999, 9065, 9066, 9067a, 9071, 9112- 91.18. - 8985b, Appendix p. 1796. Punishment of pension agent for taking, 10277. - Procuring artificial limbs for disabled soldiers, etc., forbidden, 9124. Soldiers’ or sailors’ claims, deduction of fees prohibited, 453. Special counsel for government, striction upon, 536. Suit for injuries by monopolies, 8829. Restraint of import trade, 8835. Suits instituted for Post Office Depart- ment, how paid, 459. Cotton-futures act, enforcement per diem in lieu of subsistence, 5861a. - Courts-martial trials, 2308a, art. 17. re- Criminal prosecutions, accused’s right to assistance of (Const. Am. Customs appeals, Underwood Tariff act || not to affect, 5315. Department of justice to provide for ex- ecutive departments, 271. Details of counsel from executive depart- ment prohibited, 6782. Diplomatic officer not to act as, in coun- try to which he is assigned, 3130d. Disbarment, hearings by commissioner of general land office, 699a. Practice before departments, 385. District judges as counsel, disqualifica- tion, 987. District of Columbia Supreme Court re- ports for, 1203. of district attorneys and | - * . . . Federal reserve banks, War risk [Page 1986.I ATTORNEYS (Cont'd) Employment by heads of departments prohibited, 271. Federal Farm Loan Board, employment, compensation, etc., 9835b (9), 9835bb (3). Federal farm loans, employment by Farm Loan Commissioner, 9835u (2). 9833. Federal reserve board, 97.94(1). Federal Trade Commission, employment, compensation, etc., 8836b Interstate Commerce COmmission Ina employ when necessary, 8584. - Judges not to practice as, 1235. Location of placer claims in Alaska, 5055. Mileage, 1378. - - Oaths, attorney representing claimants before departments, 6385, 6386. Claimant for mineral lands, 4624. Offenses, receiving compensation for pro- Curing special pension act, 91.19. oºrs prohibited to act as counsel, 1250, Parties to manage case personally or by counsel, 1249–1251. - Persons indicted for capital crimes enti- tled to counsel, 1700. - Persons in military service, representa- tion, 30.78%bb. - . Powers of attorneys to, for collection of pensions not to be recognized, 9096. Practice, before Interior Department, 684. Before treasury department, 385. Prize cases, district attorneys not to act as counsel for captors, 8399. Referees in bankruptcy not to act as, in bankruptcy proceedings, 9623. Registers or receivers, disqualification, | 4497. Satisfy costs excessively taxed, 1623. Special attorneys and counselors may be employed by Attorney General in com— merce cases, 1005. ... • Special counsel provided by Department of Justice for the several departments, 539. State Department, counsel for, appoint- ment, 297. Salary, 297. Suing out process against foreign public ministers, punishment, 7612. - Trading with Enemy Act, 31.15% co. Transfers to by bankrupt, 9644. TJnited States Shipping Board, ment, etc., 8146bb. War Finance Corporation, 31.15%d. . insurance act, collection of 514ee. ” . employ- claims, Compensation, 514kk. - Withholding discharge papers, soldiers, etc., prohibited, 9078. Women, admission to practice in Supreme Court, 1232. - - AUCTIONS See Sales. - Animals purchased for Bureau of Animal Industry without, 851. - Bonds of national banks on dissolution, 98.17. Condemned supplies, service, 8451. - etc., of etc., of lighthouse Distilled spirits, provision as to purchases | by rectifiers or dealers not to apply to, : 6101, Prize, 8407. Commissions of auctioneers, 8424. Property forfeited or seized under inter- | nal revenue laws, 6361, 6362. Boilers, stills, machinery, materials, - 6352. Public lands, 4751-4753. Alºoned military reservation lands, . 500: . . . Buidings, etc., on abandoned military reservations, 5005, Isoſated tracts, 5110. Lands acquired under reclamation - acts, 4746. - - Seamen’s effects in case of death on voy- age, 8327. - Timber killed or damaged by forest fires, 4995, 4996. . AUDIT" See Accounting Officers ; Accounts : Auditors. - Claims against United States, investiga- tion of methods by Bureau of Efficiency, 3286e. Financial transactions of United States Shipping Board Emergency Fleet Corpo- ration, 8146fff, Appendix p. 1789. loans, fees, etc., [References are to sections, except where otherwise indicated.] AUDITORS - See Accounting Officers. Eacamination of accounts of geological . survey, see Geological Swrvey. Hawaii, see Hawaii. Porto Rico, see Porto Rico. Accepting bribe, 10303. '. Accounts, customs officers transmitted to, Direction to settle particular accounts, 6. Re-examination of settled accounts, Settlement of accounts of departments, etc., 410. Settlement of accounts of officers, 411. Settlement of accounts without admin- istrative examination, 435. Stating accounts of delinquent officers, 6624. Stating accounts of disbursing officers, 32. - Suspension of particular items of ac- count, 425. - - Time of transmission to, 428. Application of laws relating to, 426. Appointment, 416. Balances certified by, conclusiveness, 425. Certificate to accompany warrants, 427. Changes of designations and duties by abolition of offices of Commissioner and Deputy Commissioner of Customs, Sec- ond Comptroller and Deputy Second Comptroller and Deputy First Comp- troller, effect, 403. Chief clerk to exercise duties of deputy auditor, 418. - - - Chief of division to exercise duties of deputy auditor, 418. - Comptroller's decisions, conclusive upon, 425 conclusiveness of balances certified by, Debts to United States, superintend re- covery of, 443. Decisions construing statutes reported to Comptroller, 425. Deputies, delegation of substitute, 444. Besignation of, 417. Duties, 417. Position of abolished, 418. Signing of letters and papers, 417. Designation, 416, 417. Duties in general, 419, 420. Balances of appropriations, 6801. Furnished with copy of appointment of inspector, weigher and measurer of fuel for District of Columbia, 6839. Interior Department, accounts of War of 1812 may be assigned to, 419.' Allowance of claims for stores and supplies, 471. - Claims of loyal citizens for quarter masters and subsistence stores fur- nished Army during rebellion to be reported to, 469, 470. Designation, 417. . . Duties in general, 419, 420. May take testimony in case of claims for property lost in military Service, 6401. . . . . . - . Transmission of accounts and expendi- tures in territories from Secretary of interior, 434a. - - Judgments against United States, pay- ment on settlements by, 6408. Law clerks in offices of to perform cleri- cal duties, 415. . | Navy Department, accounts of receipts and expenditure of department, 454. Attorneys’ fees not to be deducted from sailors’, etc., claims, 453. Designation, 417. Duties in general, 419, 420. Duty as to requisitions of Navy De- . partment, 6746. Method of keeping accounts, 454. Paymasters of lost or captured vessels, settlement of account of, 455. Reports, 454. . Laid before Congress, 393. Settlement of accounts for advances, 6757. Number, 416. Oaths, power to administer, when, 466. Payment from contingent fund of House of Representatives conclusive on audit- ing officers, 110, 111. GENERAL INDEX º: [Page 1987] [References are to sections, except where otherwise indicated.] AUDITORS (Cont'd) Post-Office Department, accounts, closed quarterly, 419. - Accounts, expenditures of department, how kept, 462, 7598, 7599. Money-order business, 460. Preservation of accounts, 419. Appointments and removals of post- masters, notified to, 7190. Appropriation to which salaries, etc., of agents to superintend Railway Mail Service to be charged, 574, 575. Assistant and chief clerk to exercise duties of deputy auditor; 418. Audit accounts of deductions by post- masters, 7268. . Bonds of postmasters, in case of death, resignation, or removal, to be de- livered to, 7.193. . Chief clerk and assistant to exercise duties of deputy auditor, 418. Clerks to audit postal savings 3.C.- counts, 360. • . - Collection of debts due department to be superintended, 458. Collection of penalties, superintended, 458. - . Compromise of judgments for debts, 464 - etc., to be Contracts for carrying mail, copies of to be delivered to, 593. Copies of papers furnished to De- partment of Justice in suits, 465. Copies of papers pertaining to ac- counts in office of, when evidence, 1502. Countersigning drafts, 445. Money order funds, 7560, 7575, 7577. Coupons forwarded with money order accounts, 7562. Delinquent postmasters, report of, 419. Designation, 417. Diminution of positions in office of, 352a. - - - Discontinuance of post-office to be certified to, 7270. . Disposition of money order papers in of warrants Office of, 609. Disposition of useless papers in office of, 608. - Duties in general, 419, 420. Fees in civil suits instituted by, how paid, 459. - Forms of accounts reported to Post- master-General, 419. Leaves of absence for piece-rate em- ployés, 362. Money orders issued during certain period not to be assorted, payments to be retained, 7572. Monthly statements by postmasters of of unpaid money orders, 7560. New post-offices certified to, 7188. Notice to assignment of contracts, 7453 Change of postmasters, 7195. Notify Postmaster-General of failure of postmasters to make good defi- ciencies in accounts, 7.194. Oaths in settlements of accounts, 466, 467. Orders of Postmaster-General, affect- ing claims or accounts, to be certi- fied to, 594. Payments on account of postal serv- ice to be certified by, 7604. Piece-rate employés, leaves of ab- sence, 362. Pay during leaves of absence, 362. Postal Savings System accounts, set- tlement of, 424. Postmasters’ money order accounts, 7568. - Proceedings by, for remission of fines, etc., compromise of debts, 601. Quarterly returns, adjustment of Sal- aries of postmasters in accordance with receipts to be based on, 72.17a. Quarterly statement of moneys paid by postmasters, 461. - Receipt for postal revenues to be for- || warded to, 596. Record of unpaid money orders, 7571. Reports, 419. - Financial condition of department, 463. Receipts of for purpose of assign- ing to another class, 72.18a. To Postmaster-General, 419. and lº AUDITORS (Cont'd) - Post-Office Department (Cont'd) Reports to as to money orders, 7576. Salary, 352, 7231. Settlement of accounts of fourth class Postmasters, 7218. sºment of department expenses, Statement of unpaid money orders, 7560. - - Statement to, by marshals, of execu- # for moneys due Post-Office, Superintend collection of debts due Post-Office Department, 458. Vouchers, preservation of, 419. Warrants, for deposits to be counter- signed by, 597. On quarterly statement by, of moneys paid by postmasters, 595. On Treasury, 6747. Registration, etc., of, 419. - Public contracts deposited with, 6894. Reference of accounts to Court of Claims, 1139. - Reports to Secretaries of War and Navy, When required, 454. State and other departments, accounts of disbursing officers of Department of Justice, time for transmission to, 2 countersigning, Certificates of balances, 420. Department of Commerce and Labor, settlement of accounts, 421. - Department of Labor, settlement of accounts of, 422. - Designation, 417. Duties, 419–422. Estate of citizens dying abroad, duties of, 3162. -- Federal Trade Commission accounts, 8836b. United States Shipping Board, settle- ment of accounts, 8146bb. Subordinates, designation, 417. Treasury department, 416–471. Accounts not to be kept by, 356. Control of Attorney-General’s requisi- tions, 544. Copies of decisions of Court of Claims transmitted to, 1134. Cº., of manifest of vessels mailed to, 5513. - Designation, 417. - - Forbidden to engage in certain busi- ness, 377. General duties, 419, 420. - Law clerks in office of, 359. - For post-office department, salary, 352. Report, outstanding liabilities, 484a. Report to of unexpended balances of appropriations, 6801. Salary, 352, 416. Settlement of particular accounts, 406. Supreme Court reports for, 1203. | War Department, accounts of line officers, settlement of, 446. Accounts of receipts and expenditure of department, 454. Assistant auditor, appointment, 420a, (d). . Authority to administer oaths, 420a.(i). Attorneys’ fees not to be deducted from soldiers’, etc., claims, 453. Auditing accounts at places other than seat of government, 420a, 420b. Bounty certificates, delegation of clerks. to sign, 447. Claims for damages to private proper- ty from military operations, 335a, 6404a. - 6404a, Appendix p. 1781. - Copies of contracts made by Commis- sioner of Indian Affairs to be fur- nished to, 4043. Designation, 417. Disallowance of certain claims, 450. Duties in general, 419, 420. Duty as to requisitions of War Depart- ment, 6746. - - Isthmian Canal, money accounts, set- tlement of, 423. } Method of keeping accounts, 454. Panama, Canal accounts, 10054c. Red Cross reports, 7702. Reports, 420a (k), 454. Laid before Congress, 393. Settlement of Army accounts, 419, 420, y soldiers’ claims, disallowance of, 450. ſ, AUSTRIA Aºsador and secretary to, salaries, d - Declaration of war with, p. 17. AUTHENTICATION - Copies of records, Interior Department, 675-679, 708. Office of commissioner of Indian af- fairs, 720. - Post-Office Department, 581. Court-martial, judgment, 3021. Records, 2308a, arts. 33, 34. Court of inquiry proceedings, 3031. Judicial proceedings, under full falth and credit clause, 1519. - Legislative acts under full faith and cred- it clause, 1519. - - - Letters-patent, 740. - Postmasters’ commissions, 581. AUTHORS ) * , Immigration, 428934b. AUTOMATIC CONTROL Railway trains, investigation by Interstate Commerce Commission, 8640. AUTOMATIC COUPLERS - Equipment of cars in Interstate Com- merce, 8606, 8610-8613, 8620. - AUTOMOBILES - See Motor Vehicles. Customs duties on, 529101.19). Internal revenue tax on, 6309%a, 6309%b. - - Payment, vendees or lessees in cer- tain cases, 6348b. When held and intended for sale, - 63.09% c. Intoxication of persons in charge of, in District of Columbia, 342114m. Seizure of automobiles used in conveying liquors into Indian country, 4141a. Steam passenger vessels may carry, 8242. Use in Lassen, Volcanic National Park, regulations, 5249f. Use in Rocky Mountain National Park, regulations, 5249d. AUXILIARY RESERVE Naval Awaziliary reserve, Reserve Force. . AVIATION - See Aeronautic Schools; Aleroplanes; Aircraft ; Aviation Corps ; Aviation, Section ; Naval Flying Corps. Advisory committee for aeronautics, 3115i. Office space, 3115ii, Appendix p. 1771. Army, 1999. . - - -- Aircraft employés in District of Co- lumbia, 1867cccc, Appendix p. 1749. Appropriation, apportionment, 1867dd3%, Appendix p. 1749. “ Details to duty, 1907. Increase for aviation duty, 2098. Officers, mileage to officers traveling #9 duty, 1867ccC, Appendix p. See Naval Mileage to officers traveling on duty, foreign army officers, 1867ccc.c, Appendix p. 1749. Reservation of government property foſſ, 1867dddd, Appendix p. 1749. Reservation of public lands 1867dddd, Appendix p. 1749. Service in, qualifications, 1867p, Ap- pendix p. 1749. Coast Guard, instructions to members at Army and Navy Schools, 8459%a (13). Pay and allowances when detailed for duty in, 8459%a (14). Stations, 8459%a (12). Land for Schools, posts, experimental sta- tion and proving grounds, 1867dd. Navy, detail of officers to duty, 2823. Pay, 2823. Death in accident, 2870b. Students, 2823. Site for stations at North Islayid, San Diego, California, 1867ddd. w for, AVIATION CORPS Increase of commissioned and enlisted strength, divisions, brigades, etc., head- quarters and headquarters detachments for, 1867i. AVIATION SCHOOLS See Aleronautic Schools. AVIATION SECTION Accidents, pay, 1867c. Acquirement of sites, 1867d, e. Army details to, 1867b. Aviation Students, accidents, pay, 1867e. . Number, 1867b. Selection, 1867b. Aviator, 1860. GENERAL INDEX [Page 1988] [References are to sections, except where otherwise indicated.] AVIATION SECTION (Cont'd) Composition, 1860. - t Creation, 1867a. - Detail of officers to, 1860. Duties, 1867a. Enlisted men, 1867c. Instruction, 1860, 1867c. Number 1867b. Pay, 1867c. - Enlisted reserve corps, pay, etc., 1867n. Examination, 1867c. . Increase of commissioned and enlisted strength, airships, purchase, manu- facture, etc., 1867m. Appointments, 1867.j. Appropriation, 18670. Authority to make, 1867f. Aviation engines, etc., 1867n. Aviation stations, etc., 1867n. Barracks, etc., 1867n. ~~~ Buildings, vehicles, etc., 1867n. Clothing, etc., 1867n. Divisions, brigades, etc., into, 1867i. Enlisted men, foreign armies serving with, mileage, 1867n. Pay, 1867m. - Increase, 1867 l. Rating, 18671. - . Wºry enlistment or draft, organization Exchange of equipment, 1867n. Guns, equipment, etc., 1867 n. Instruction to aviation students at technical schools and colleges, 1867n. Officers, expenses, 1867n. Pay, 1867m. Increase, 1867k, 1867 l. Rank, 1867k. Rating, 1867k. Temporary appointments to vacan- cies in regular army, etc., from. 1867.j. W Temporary officers, appointment, etc., 1867g. * Plants, factories, etc., for , manufac- ture of airplanes, etc., 1867n. Vocational training, 1867 n. Junior military aviators, examination, 1860. Rank, pay and allowances, 1860, 1867c. Married officers eligible for detail to, 1860. Mechanician, 1867c. Military aviators, examination, 1860. Number, 1867c. Rank, pay and allowances, 1860, 1867c. ()fficers, detail of, 1997aa. Detail to, 1860. Mileage to, 1867cc. Number, 1867b. Selection, 1867b. (afficers’ reserve corps, pay, etc., 1867n. Signal corps, part of, 1860, 1867a. AVIATION SERVICE ACT See Aviation. Section. Text of act, 1867a-1867c. AWARD Arbitration between carriers and em- ployés, 8669, 8672(1), 8673(1-4). Seamen’s claims, 8343. Employés' Compensation 89.32pr. BADGES American National Red Cross. 7698. Army corps, 1944. Letter carriers, wearing, without author- ity, 10357. . Naval' reserve force members to have 2900%a (18). Route agents, messengers, mail service, 7251. BAGGAGE Claims of army officers and enlisted men for loss of, etc., adjustment, 6403a. Customs officers, duties relative to, 5533. List delivered to, 5533, 8006, 8010. Discharge from army, allowance for, 2164a. Duty free, 5496-5499. - Joint interchangeable mileage tickets, Commission, etc., railway 8595. - Passengers, bills of lading not required for, 8604a. From contiguous foreign countries, 5812, 5813. Rºlations concerning transportation of, 005, - Stealing, 8603. Stolen, receiving, etc., 8603. Transit to foreign country, duties of cus- toms officers, 5533. Transportation, deceased civilian em- ployés of army, 2136c, Appendix p. 1758. BAGGAGE AGIENTS Free transportation, 8563. BAIL See Special Bail. General provisions, 1674–1684. - Chinese landing not allowed in habeas corpus proceedings, 4319. Clerks of District Court may take when, Commissioner may take, 1571. Consular courts, 7662. Contempt proceedings, 1245b. Writ of error, 1245c. Excessive, prohibited (Const. am. 8). Philippines, 3810. Porto Rico, 3803a.a. False bail, 10297. Punishment of officer making, 10195. False claims, suits for making, 6413. Fugitives from justice, 1675. Hot Springs Reservation, offenses on, 5267. Illicit distillers, 1676. Insufficient, new bail or commitment, 1683. Kºcky, calling party who has given, 72. New, 1683. Offenders against United States, 1674. Offenses not punishable by death, 1679. Punishable by death, 1680. Philippines, 3810. Porto Rico, 3803a.a. Rearrest while on bail in another district, 1569, 1570. Recognizance of special, by clerks of dis- trict court, 1573. - - Remission of penalty in criminal case after breach, 1684. Removal of causes from State court by writ of error, 1681. - Rºe-cutter officers admitted to, 84.59% & sh. for duties or pecuniary penalties, 56 Surrender of party charged, 1682. United States Commissioners, Lake National Park, 5230g. Glacier National Park, 5248g. Mount Rainier National Park, 5227g. Yellowstone Park, 5.194. Writ of error by United States, 1704. IBAILIFFS, Circuit courts of appeals, 1119. Compensation, 1410. Court of Claims, salary, 1131. Court of Customs Appeals, 1184. Disqualification as United States com- missioners or receivers, 1334. District courts, 972. Actual attendance, 972a, Appendix p. Crater BAHLLOONS Army, exchange, 1755. IBALLOTS See Elections. - º BAND CORPORALS Cavalry, 1718. Engineer corps, 1842a. Field artillery, 1736a. Infantry, 1738a. BANHD LEADER Assistant, cavalry, 1718. Coast artillery, 1736a. Engineer Corps, 1842a. Infantry, 1738a. Pay, 2144a. - 2144a, Appendix p. 1759. Cavalry, 1718. Coast artillery; 1736a. Engineer corps, 1842a. Infantry, 1738a. Pay, 2144a. 2144a, Appendix p. 1759. BANDS See Band Corporals; Band Serged?vts. . Army, pay, 2147. Cavalry, headquarter’s troop, 1718. Coast artillery, 1731, 1731a. Engineers corps, 1842, 1842a. 1842a, Appendix p. 1748. Exchange of band instruments, 1972a. Field artillery, 1736a. Infantry, 1738, 1738a. t; Additional bands, 1738aa, Appendix p. 1972aa, Appendix p. Band Leader; BANDS (Cont'd) Marine corps, 2909, 2933, 2934. - Individual musicians not to come i ºpetition With civilian musicians, 2909. ... Pay, 2909, 2933, 2934. * Military academy, Composition, 2270. 2270, Appendix p. 1759. Part of army, 1717, 1717a. Pasº, 2271. 70, Appendix p. tº Naval ãºdeº 2758, gº Navy ºpetition With civilian musicians, Pay, 2900. Recruiting depots, 2013. BAND SERGEANTS Cayalry, 1718. Engineer corps, 1842a. Field artillery, 1736a. Infantry, 1738a. BANIKIER, See Banks and Bankers. Defined, 6288. BANE EXAMINERS - Appointment, examinations, powers, saï- alry, 9832, 9833. List of for official register, 7127. BANK NOTE AND REDEMPTION ACT See Redemption. Text of act, 9724, 97.26, 9757. BANIKIRUPTCY Acts of bankruptcy, 9587. Adjudications, 9602. Appeals, 9609. Appellate jurisdiction, 9608. Circuit courts of appeals, 1122. Supreme Court, 1229. Appraisal of bankrupt’s property, 9654. Arbitration of controversies, 9610. Attorneys, fees, 9587, 9648. Avoidance of transfers, 9654. - Bankrupts, bond to release property, 9653. Death or insanity, 9592. - Detention pending examination, 9593. Duties, 9591. Examination, 9605. Exemption from civil arrest, 9593. Extradition, 9594. Partners, 9589. Suits by and against, 9595. Voluntary, who may become, 9588. Bonds, depositories for money, 9645. Petitioning creditor's, 9587, 9653. Seizure of involuntary bankrupt’s property, 9653. Certified copies of proceedings, admissi- bility in evidence, 9605. Children, rights upon bankrupt father’s death, 9592. - Circuit court of appeals, review by su- preme court, 1120a. Claims, proof and allowance, 9641. Proof and allowance, preferred cred- itors, rights, 9641 - Clerks, duties, 9635. Compensation, clerks, 9636. Marshal, 9636. Officers, restriction, 9656. Receivers, 9632. - compºons with Creditors, confirmation, 9596 Setting aside, 9597. Compromise of controversies, 9611. Computation of time, 96.15. + Congress, power to establish uniform laws (Const. art. 1, § 8, cl. 4). Costs, 9587. Counterclaim, 9652. Courts, clerks’ duties, 9635. Jurisdiction, 991(19), 1122, 1229, 1233(6), 9586, 9589, 9607, 9608, 9644, 9651, 9654. Terms in New York, 1084. Creditors, 9639, 9640, 9644. Meetings, 9639. Vote at, 9640. Preference to, 9644. Crimes and offenses, 96.13. Death of bankrupt, 9592. Debts, effect of discharge, 9601. Priority, 9648. United States, 6372. Provable, 9647. Definitions, 9585. Depositions, 9605. Depositories for money, 9645. Detention of bankrupts pending exami- nation, 9593. i *. * GENERAL INDEX [Page 1989] [References are to sections, except where otherwise indicated.] BANERUPTCY (Cont'd) Discharges, 9598. Codebtors not affected, 9600. Debts not affected, 9601. Guaranties not affected, 9600. Grounds for denying, 9598. Revocation, 9599. Sureties not affected, 9600. Dividends, declaration and payment, 9649. Unclaimed, 9650. Dower rights, 9592. Estates, partnerships, 9589. Evidence, 9605. Examination of bankrupt and others, 9605. Exemptions, state laws not affected, 9590. Expenses, administration, allowance, 9646. Extradition of bankrupts, 9594. Fees, clerk’s duties, 9635. Forms prescribed by Supreme Court, 9614. Injunction, against proceedings in state courts, 1242. Insanity of bankrupt, 9592. Jurisdiction, appellate courts, 9608. Circuit court of appeals, 1122. District courts, 991 (19), 9607. Exclusive, 1233(6). Partnerships, 9589. Referees, 9622. State courts, 9607, 9644, 9651, 9654. Supreme Court, 1229. - TInited States courts, 9586, 9607. Jury trials, 9603. Liability of codebtors not affected, 9600. Liens, 9651. Limitations, criminal prosecutions, 9613. List of creditors, 9591. Newspapers for publication of notices, 96.12. Notices, creditors, 9642. Taking of depositions, 9605. Oaths, administered by whom, 9604. Referees, 9620. Orders, certified copies admissible in eVi- dence, 9605. Orders by Supreme Court, 9614. Partnerships, 9589. - Payment of tax on distilled Spirits in custody of bankruptcy courts, 5986b. Petitions, tirne for filing, 9587, 9602. Who may file and dismiss, 9643. Pleadings, 9602. Possession of property, warrant for, 9653. Power of Congress to establish uniform laws (Const. art. 1, § 8, cl. 4). Preference to creditors, 9587, 9644. Priority of debts, 9648. Process, 9602. Proofs" of claims, 9641. - Preferred creditors, rights, Receivers, appointments, 9586. Appointments, by State Court, effect, 9587. Compensation, 9632, 9656. Management of property, 1047. Records, 9655. Referees, 9626. Referees, acting referee, - Appointment, 96.18. Bonds, 9634. Compensation, 9624. Contempts before, 9625. Duties, 9623. Jurisdiction, 9622. Number, 9621. Oath, 9620. Office created, 96.17. Qualifications, 96.19. Records, 9626. Removal, 96.18. Reference after adjudication, 9606. Registers, subpoenas issued when, 167. Reports of by Attorney-General to Con- gress, 9637. Rules prescribed by Supreme Court, 9614. Schedules, 9591. Seizure of involuntary bankrupt’s prop- erty, 9653. Set-off, 9652. Solvency as a defense, 9587. Statistics furnished to Attorney-General, 9641. 9627. Suits by and against bankrupts, 9595. Suits by and against trustees, 9607. Terms of court in New York, 1084. Time for filing petition, 9587. Title to property, 9654, 9631(2). Transfer of cases, 9616 Transfers by bankrupts, trustee, 9654. Trial by jury, 9603. avoidance by BANKRUPTCY (Cont'd) Trusº accounts, papers and reports, Appeal bond not required, 9609. Appearance in suits by or against bankrupts, 9595. Appointment, 9628. Arbitration, submission to, 9610. Avoidance of transfers, 9654. BOnd, 9634. Certified copy of order confirming bond, conclusive evidence of trustees’ title, 9605. Compensation, 9632. Restrictions on, 9656. Compromises, 9611. Corporations, returns of income to be made by, 6336m[c]. Creation of office, 96.17. Death, effect, 9630. Duties, 9631. Offenses by, 96.13. Proof of claims by, 9641. Qualifications, 9629. Removal, effect, 9630. Subrogation, creditor’s rights, 9651. Suits by and against, 9607. Title to property, 9654. Unclaimed dividends paid into court by, 9650. Unclaimed dividends, 9650. , Union Pacific Railway not subject to bankrupt law, 10055. Voluntary bankrupt, who may become, 9588, 9643. Wºwº, rights upon bankrupt’s death, Wife of bankrūpt may be examined, 9605. Witnesses, examination, 9605. Words and phrases defined, 9585. Writs of error, 9609. BANKS AND BANKERS See Circulating Notes; Hederal Form Lod??s; Federal Reserve Banks; Na- | tional º Banks; National Monetary Qoºmission; Postal Savings Deposi- tories; Savings, Banks; State Banks; Trust Companies. Counterfeiting bank notes, see Cown- terfeiting. Advances to, by War Finance Corpora- tion, 31.15%dd, 31.15%.e. Bank defined, 31.15%aa, 6288, 7588, 9785. Banker defined, 6288. Bankrupts, corporations not entitled to become, 9588. Designation as depositories of money of. 9.645. Certified checks, receivable for taxes, 5711, 5712 Circulating notes, tax on, 6288–6299. Definitions, bank, 6288, 7588, 9785. Banker, 62.88. Member bank, 9785. Depositories, bankrupts’ money, 9645. Postal savings, 7580-7597. Proceeds of sale of bonds and certifi- cates of indebtedness, 6829hh, 6829m. Public money, Cuba, 6580. |Philippines, 6580, 6581. Porto Rico, 6580. Directors, interlocking directorates for- bidden, exceptions, 8835h. Employés, employment in more than one bank forbidden, exceptions, 8835h. Examinations by examiners, 9832, 9833. Examiners, appointment, examinations, powers, salary, 9832, 9833. Exchange, etc., on postal savings funds prohibited, 7587. Fiscal agents in sale of United States bonds, etc., 6829m (9%), Appendix p. 1783. Interlocking directorates forbidden, ex- ceptions, 8835h. Internal revenue tax, 6288–6299. Member bank defined, 9785. “National” in title of firm prohibited, 9835. Officers, holding office in more than one bank forbidden, exceptions, 8835h. Possession of counterfeit foreign securi- ties, 10330. Plates of, 10331. Postal savings depositories, 7580-7597. Reports of, by Bureau of Statistics sub- mitted to Congress, 868. Tax on circulating notes, 6288–6299. Title not to include word “national,” 9835. BANIKS IFISHERIES - - Agreement for shares with fishermen, 8147 Discharge of vessel on bond, 8150. BANKS FISHERIES (Cont'd) Agreement for shares with fishermen (Cont'd) Fºy for violation by fishermen, Recovery of shares under, 8149. BARBER SHOP Moneys of House of Representatives not to be used for supplies of, 109b. BARGE OFFICES Control of by Secretary of treasury, 6938. BARGES See Towage; Towboats. Accidents, reports of, 7978a. Life. Saving apparatus, tow barges car- Tylng passengers, 8268. Regulations, lights on Red river of the North and rivers emptying into the Gulf of Mexico, 7949. Tºge Within inland waters, 7969, Reports of accidents, 7978a. BARLEY - Bushel, weight fixed for import, 52910188). Importation of seeds adulterated or un- fit for seeding, 8744-8747. BARRACKS See Disciplinary Barracks; Posts. Construction, 1981. - Expenditures for, 1983, 1984. Signal corps, purchase, etc., 1867 n. Use of vacant barracks for Indian Schools, 4163. BARRELS Standards, Act not to apply when used for commodities selling exclusively by Weight or account, 8907e. Apples, 8733, 8734, 8736, 8737, 8907a- 8907C. Cranberries, 8907c. º etc., or other dry commodity, C. May be shipped to foreign country When according to specifications of foreign law, 8907d. Prosecution on complaint of local of ficers, 8907e. Sale of barrels not standard an of- fense, 8907d. Variations permitted, 8907e. BARREN TRIVER, Kentucky, water power leases, etc., 9987. BASEPEALL BALLS AND BATS - Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain cases, 6348b. When held and 6309% c. BASRIETS Standards, Climax baskets, 8907 l. Climax baskets, act not to apply to foreign trade where conforming to foreign standards, 8907n. Examination, test by Department of Agriculture, 89070. Guaranty of manufacturer defense to dealer, 8907d. - . Penalty, 8907n. Small fruits and vegetables, 8907m. Penalty, 8907n. P:ASTARDS Allowances under war risk insurance act, 14p. Military intended for sale, BATH HOUSES Lease in Hot Springs Reservation, 5251- 5.254. - - BATHING Tidal basin bathing beach in District of Columbia, 3361c. BATH, MAINE Anchorage, regulations, 9957, 9958. BATTALIONS - Engineers Corps, composition, 1842, 1842a. Field artillery, 1736a. - Infantry, 1738, 1738a. Sergeant-majors, pay, 2151. Quartermasters, duties, 1779, 1782. - Reserve battalions of national guard for recruit training, 30440. Reserve officers’ training corps, formation of, 18811. p Signal corps, 1867i. BATTALION SERGEANT-MAJOR Military academy, rank, pay, etc., .2275a, 2275b, Appendix p. 1759. BATTALION SUPPLY SERGEANT Pay, 2144a, Appendix p. 1759. GENERAL INDEX BATTERIES } - Estimates for construction or moderniza- tion, 6702. Field artillery, 1736a. Ammunition, officers, 1736a. Organization, 1736a. Assignment to school of fire, 2016.a. Composition, 1736a. . Depot, enlisted men, 1736a. Officers, 1736a. Organization, 1736a. Enlisted men, 1736a. Increase by president, 1736a. - Obtaining information concerning, 10212a. BATTLE, - Navy, neglect to prepare for or join in, punishment, 2965 (15). - BATTLE FLAGS Collection and care, Army, 320. Navy, 644-646. - BATTLE MOUNTAIN RESERVE - - - Control by Board of Managers of Nation- al Home for Disabled Volunteer Sol- diers, 9285. - Establishment, 9284. Trespass, 9287. BAWDY HOUSES SANITARIUM Süppression near military and naval camps, etc., 2019b, 28.13e. 20195, Appendix p. 1755. BAYOU . . Surveys of lands on, 4819. BAYOU METO Arkansas, non navigable, 9855b. BAY FEUMI - - Tax on bay rum from Porto Rico, 6123. BAYS Collisio?t rules, see Collision. BEACONS See Lighthouse Service. Arson, 10459. . - Collectors of customs to have superintend- ence, 8445. - Sites for, acquisition, 8515. Jurisdiction to be ceded to United States, 8436, 8437. Lease of, 8427, 8444. Ohio, Mississippi, rivers, 8427. JBIEANS Purchase, storage, and sale by President, 31.15%j. BEER - See Fermented Liquors. Special excise tax, amount, 6144a. BEGGARS . Alien immigrants, excluded, BEHRING SEA. Fur seals, etc., 8838-8865. Gold, etc., mining on, 5047. BETAL PUBLILS . . . and Missouri 4289%b. Tubes, etc., for passenger steamers, 8250. BELLS - Motor boats to carry, 8280. - BENEFICIAL ASSOCHATIONS Relief of , members in military service, 3078%g-3078%p. BENEFICIARES - Employés’ Compensation Act, 8932ee. War risk insurance, 514uuu, 514uuu%. BENEVOLENT INSTITUTIONS OR SO- C}{5}\}{ES See Charities. BENZINE ANED BENZOLE Packing for shipment on steam vessels, penalties, 8245, 8246. - Steam passenger vessels not to carry, 8242. BEQUESTS - - Copyrights, 9563. Income tax, 6336d. |BERTHS Steerage passengers, 7999. BERTILLON SYSTEM . Identification of Chinese to prevent un- Iawful entry, 4340. BETTERMIENTS &" controlled transportation Federal SyS- tems, 31.15%f. BEVERAGES - Customs duties on, 52910237–249). Restrictions on use of food, etc., for, 31.15%l. BHAS District judges, 988. [Reference [Page 1990.I s are to sections, except where otherwise i BHCYCLES - Customs duties on, 52910120). BIOS See Advertisements. Bond; to accompany, carrying mails, 7433, Paper for public printing, 6959. Canceling machines, advertisement, 7263. Carrying mails, 7427-7442. Award to lowest bidder, 7436. Bond to accompany, 7433, 7434. Combinations, contracts prohibited . #. persons entering into, 7437, Punishment, 7437. * Contractor failing to perform former contract, 7436. . Failure to enter into contract, cost of temporary service charged to bidder, 7437a. Proceedings, 7438. Foreign mail on American 7530–7531. - General mail letting, 7424. Opening, 7432. - Pneumatic tube transmissioni, 7428. Preserving, 7435. - vessels, Railways, without advertisement, 7427. Recording, 7435. Star routes, employment of other means when exorbitant, 7437a. Temporary mail letting, 7425. Unaccepted bids, disposal of, 7435. Vº owners, without advertising, 7430. . . Withdrawal, 7432. Cartage of merchandise in custody of government, 5684. - Combinations, mail transportation, 7437. Public land sales, 10226. Disqualification of bidders for carrying mails, combinations, 7437. Defaulting contractors, 7436. Engraving, 6969. Excessive, rejection, 6874. Filing in returns office, 6895. Forging, etc., 10192. Goverºnt printing office, materials for, 6970. : Press supplies, 6996. Sale of condemned machinery, etc., 6976. Heating apparatus for public buildings, 6919. - Housing Of war-industry employés, 31.15%g. Indian service, abstract of bid to be filed, 4044. - Acceptance before appropriation, 4046. Lowest responsible bidder, 4048. Notice, 4038. Preserved, 4044. - Purchases by Indian agent of tribe, 4039. Supplies, etc., certified check, draft or cashier’s check, forfeiture, 4042. - Lighthouse service, materials for, 8428. Repair of vessels, 8430. Lithographing, 6969. .. Manufacture of postal cards, 7395. Money order blanks, books, etc., 7557. Navigation, removal of obstructions, 6924. Navy, armor, 6867. - Foreign supplies, 6873. Gun steel, 6867. Materials for, 6862. Projectiles, 6868. Record of bids, 6865. Steam boilers, 6866. Supplies, manufacture of arms, com- petitive bidding not required, 31.10a. Tobacco, 6869, .6870. Notice of, 6837. Obstructions to navigation, removal of, Opening, carrying mail, 432. Notice, 6837. Paper for public printing, 6959. Who may be present, 6837. Paper for public printing and binding, 6957. . Bond to accompany, 6959. Opening, 6959. - Re-letting on default of contractor, Preumatic tube mail transmission, 7428. Postal cards, manufacture of, 7395. Post Office Department, money - blanks, books, etc., 7557. Postal cards, 7395. Supplies, 579. Potassium land leases, 4640ee." order ndicated.] f BIIDS (Cont'd) Press supplies for government printing office, 6996. Printed packets for mailing seeds, bulbs, etc., 820a. - Privileges at immigrant stations, 4289%pp. Projectiles for Navy, 6868. Publication in District of Columbia, 7182. Not to be made without written au- thority, 7187. .. , Rate of payment for, 7.185. Public land sales, agreement to prevent bids, 10226. - * . Public printing, etc., engraving and litho- graphing, 6969. . Government printing office, 6970, 6976, Paper, 6957, 6959, 6963. - Public works, separate proposals, requir- ed, 6858. - Record of, 6837. - Carrying mails, 7435. Rejection, 6872, 6874. Excessive, 6874. • . Rºyal of obstructions to navigation, Returns office, filing in, 6895. - River and harbor improvements, 9883. Combining two or more works, 9884, 9888. Sale of property by alien property cus- todian, 31.15%ff. Soldiers’ Home supplies, 9234. Stationery for Congress, 91-94. Steam boilers for Navy, 6866. Steel, navy, 6867. War Department, 6861. Supplies, advertisement, 6832-6873. Commissary department, 6846. Government Printing Office, 6996. Indian service, 4042. Navy, 6873. Post-Office Department, 579. Quartermasters’ department, 6846. Soldiers’ home, 9234. War Department, 6843. Timber, damaged, etc., by forest fires, 4995. National forests, 5127. Tobacco for Navy, 6869, 6870. Transportation, mails, 7427-7442. Moneys, bullion, coin, etc., 6841. War IDepartment, contracts under, 6842. Purchases of steel, 6861. River and Harbor Improvements, 9883, 9884, 9888. Supplies for Quartermasters and Com- missary Departments, 6846. Water power leases on Cumberland River, 9988. * Works of defense, etc., 6860. Water power leases on Cumberland River, 9988. - Work concerning fortifications, etc., 6860. BIGAMY See Polygamy. - Disqualification of jurors, 1265. Spouse as witness, 1466. Witnesses, attachment, 1493. BIG TARKIO RIVER Missouri, non-navigable, 9854. Repeal or amendment of act reserved, BILLIARD BALLS AND TABLES Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. When held or intended for 630.9%.c. - - BILLIARD ROOMS Special excise tax, nonpayment a mis- demeanor, fine, 5980j. Records, statements 5980k. What regarded as, 5980i. BILL OF ABOMINATIONS Tariff, 386. BILL 40F LADHN G ACT See Bills of Lading. Carriage of goods by sea, 8029–8035. BILL OF REVIEW See Equity. BHLH.S - - See Attainder; Bills and Notes; Bills before Congress; Bills of Eacception; Bills of E3, change; Bills of Health; Bills of Revivor; Bills of Sale; Stat- 10teS. Bills of discovery, see Discovery. sale, and returns, GENERAL INDEX [Page 1991] [References are to sections, except where otherwise indicated.] IBILILS AND NOTES - Acceptances by Federal reserve banks, 9796(5). Bills on importations or exportations, 9796(5). - cººteral for Federal reserve notes, 9799 ). Discº Federal reserve banks, 9796 National banks, 9661. Fedeº reserve banks, acceptances, 9796 Advances to members 9796(6). Collection charges, 9796(1). Deposits, 9796(1). Discounts, 9796 (2-4). - Open market dealings in, 9797. Purchase and sale, 9797(2C). f Included in phrase “obligation or other security of the United States,” 10317. Income tax, withholding payment of bill of exchange at source, 6336i{d, fl. Interest which may be taken by national banks, 9758. Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. Exemptions of notes secured by Unit- ed States bonds, 6318bb. National banks, acceptance, etc., 9764. Discounts, etc., 9661. Interest, 9758. Officer not to issue, etc., without all- thority, penalty, 9772. “Obligation or other security of the Unit- ed States” includes, 10317. Open market dealings by Federal reserve banks, 9797. BHH,LS BEFORE CONGRESS Binding for Congress, 7.155. Distribution, 7025. Departments, 7169. Governor-General of Philippines, 7047. President, 7162. Engrossing and enrolling, 12. Number to appear in marginal references in statutes at large, 7118. Passage over veto (Const. art. 1, § 7, Ci. 2). Printing, 7025. f.eports, on private bills, printing, num- ber of copies, 7022. Reprinting of pending, 6956. Revenue bills, origin and amendments (Const. art. 1, § 7, cl. 1). Sale of extra copies, 7004. Veto (Const. art. 1, § 7, cl. 2). |BILLS OF EXCEPTION Authentication, 1590. Evidence in contempt proceedings to be preserved by, 1245C. BILLS OF EXCHANGE See Bills and Notes. Imported or exported goods, acceptance by Federal reserve banks, 9796(5). Income tax, withholding payment at source, 6336iſf]. EHILLS OF HEAFLTH Vessels, fee for, 8138. BILLS OF LADING Imports, holder deemed consignee, 5519, 5760. } - Merchandise entered without, taken into custody, 5486. Production to collectors of Customs, Interstate, etc., carriers, Act not retroac- tive, 8604v. Action defined, 8604uu. Alteration, enforcement according to original tenor, 8604g. Attachment by garnishment of goods delivered under order bill, 8604l. Bill defined, 8604uu. Bona fide purchaser of bill negotiated in breach of duty, 8604s. Bona fide purchasers, mortgage or lien valid apart from Act, 8604tt. Claim of title to goods by carrier, as excuse for refusal to deliver ac- cording to terms of, 8604.hh. Claims of third persons to be enforced by legal process, 8604.j. Conflicting claimants may be required to interplead, 8604i. Consignee defined, 8604uu. Consignor defined, 8604uu. Counterfeiting, penalty, 8604u. on notes, EILLS OF LADING (Cont'd) Interstate, etc. (Cont'd) Delivery of goods in case of infor- mation as to adverse claim, 8604ii. Duplicates, liability of carrier, 8604h. Duty to ascertain character of freight, Or count packages, 8604.jj. Duty to deliver on demand of holder || of order bill, 86046d. Effective date of Act, 8604W. Forgery, penalty, 8604u. Goods defined, 8604uu. Holder defined, 8604uu. - Holder not deprived of existing reme- dies, 8604a. Indorsers not liable for goods of car- riers or previous indorsers, 8604r. Issuance, liability, 8604a, 8604kk. Liens valid apart from Act, 8604tt. Limitation of liability, 8604a. Mortgages, warranties by mortgagee, 8604rr. Mortgage valid apart from Act, 8604tt. Order bill, bona fide purchaser has superior lien to seller of goods, or to right of stoppage in transi– tu, 8604t. - Duty to deliver on demand Of holder, burden of proof in case of failure, 86046d. Execution or garnishment levy on goods, 86047. Holder as person to whom carrier may deliver goods, 86046. . . . Indorsement in case of issue. Of duplicate, liability for failure to Imake indorsement, exceptions, 8604 C. * Insertion of name of person to be notified, not to affect negotia- bility, 86046. Issuance in parts or sets prohibited with exceptions, 8604bb. Liability if issued, 8604bb. Liability, after sale of goods to satisfy carrier's lien, 8604mm. To purchaser in case of deliv- ery without surrender of bill, 8604f, 8604ff. Lien of carrier, 8604m. Loss of, courts may order delivery of goods, persons without notice not affected, 8604gg. Negotiability, insertion of name of person to be notified not to affect, 86046. Non-negotiable provisions void, 8604b. - Negotiation, delivery, 8604n. Indorsement, 8604mn. Mortgagor or pledgor to person without notice, 8604ss. Person in possession, 860400. Remedies of Creditors of OWIler, 860417. Specific enforcement of indorse- ment, 86044. Title and right acquired by trans- feree, 8604p. Order defined, 8604 uti. - Partial invalidity of Act, 8604v.v. Person defined, 8604ull. Pledges, warranties by pledgee, 8604rr. Purchase defined, 8604uu. State defined, 8604 uu. Straight bill, cannot be transferred free from existing equities, 86040. Consignee as person to whom Car- rier may deliver goods, 86046. . Indorsement as non-negotiable, ex- ceptions, 86046C. Notice to carrier in case of trans- fer, 8604pp. What constitutes, 8604a.a.a.a. Transfer by delivery, and agreement to transfer title, 8664.o. Transfer without negotiation, rights acquired, 8604 pp. Transportation included in Act, 8604a.a.a. Warranties by mortgagee, or pledgee of bill, 8604rr. Warranties on negotiation of bill by delivery or indorsement, 86044d. Weight, Ioad and count to be ascer- tained by carrier, where freight is loaded by shipper, request of ship- per, 8604k. BILLS OF LADING (Cont'd) Interstate, etc. (Cont'd) Words “Shippers, weight, Count,” prohibited, 8604.jj. Rºlations Concerning forms, etc., of, Vessels, clause relieving owner from du- ty to equip, etc., prohibited, 8030. Exemption from liability for owner's negligence prohibited, 8029. - Issuance by owners and masters, 8032. BITCH.S OF SAILE Vessels, recording, 7773-7732. Recording, fees, 8137, 8138. Registered or enrolled vessels, tents, 7782. sºships foreign built, recording, load, and COIl- BM-METALLISM - Act of Congress does not preclude, 6487. IBHNEING - See Public Printing and JBiºding. BIEDS - See Game; Wild Birds. Dead bodies of, importation or interstate transportation prohibited, subject to laws of State, 8708. - Game and wild birds, importation of eggs for propagation, 82 Preservation, etc., by Agricultural De- partment, 821. Hunting on bird-breeding grounds, 10252. Migratory, game and insectivorous birds, º . 8837a-8837m, Appendix p. 1795. Appropriation, 8837i, Appendix. p. 1796. Arrests, 8837e, Appendix. p. 1795. Eirds? nests or eggs for scientific or propagating purposes, 8837h, Ap- Bº p. 1795. reeding for food supply, 88377, Ap- pendix p. 1796. pply -- Closed seasons, 8837(2). - Determination as to time and manner Qí taking, etc., 8837c, Appendix p. 1795. : Forfeiture, 8837e, Appendix p. 1795. Importation, 8837d, Appendix p. 1795. Local laws not affected, 8837(3). Partial invalidity of act, §§37j, Ap- pendix p. 1796. £ºn of President, 8837. rohibition of taking or destructi 8837(1). 8-> ction, Punishment for taking, etc., during closed seasons, 8837(3). Punishment for violations 8837f, Appendix p. 1795. Regulations by Department of Agricul- ture, 8837(2). Approval by President, 8837(3). Publication, 8837(3). Repeal, 8837k, Appendix p. Search warrants, 1795. - State or territorial laws or regula- tions, 8837g, Appendix p. 1795. Taking or possessing unlawfully, 8837b, Appendix p. 1795, Time of...taking effect of act, 8837m, Appendix p. 1796. Title of act, 8837a, Appendix p. 1795. Tºportation, 8837d, Appendix p. of act, 1796. 8837e, Appendix p. BIRTHIS Record of births on vessels, 8036. Statistics, 4390. BIS®N RANGE National Bison Range, establishment, care and maintenance, 5274. BLACK HIELS FOREST RESERVE: Homestead entries, limitation of titles as to riparian rights, 5166. Subject to mining laws and appropria– tion of waters, 5166. BLACKSMſgºłłS Army, pay, 2144. Indian tribes, employment by, 4016. Post-Office Department, 572. BTAC’ſ WAER} {}R, RIVER, Alabama, free of tolls, except, etc., BHLAND-ALLISON ACT See Silver. Coinage of silver, 6453, 6454. BHLANK 5804}{KS Government printing office to prepare for Congress and departments, 7159. * Public printer to furnish Senate and House, 7180. Sale to Congressmen, 7180. * 9886. GENERAL INDEX [Page 1992] [References are to sections, except where otherwise indicated.] BLANKS Government Printing Office to furnish judges and court officials, 7178. Orders for work in department printing offices, 6987. * Public printer to furnish Superintendent of Documents, 704 BLASTING OHIL Packing and marking for shipment, 8017. Shipment on passenger vessel or Vehicle prohibited, 8016. State regulations of traffic in, or trans- portation of, not affected, 8018. BLASTING SUPPHLIES Regulation of manufacture, etc., of When United States at war, 31.15%a–31.15%kk. ELENHDING See Distilled Spirits and Wines. “Blend” defined, 8724. BHLMN D - American Printing House for, income from fund, application of, 9389. Investment of funds, 9387. Permanent fund set apart, 9386. Reports by trustees, 9390. Treasurer’s bond, 9389 (5). Trustees ex officio, 9389(6). Books, etc., for, admitted free of duty, 5291 (426). Census statistics, 4387. Copyrighted books for not to be required to be printed in United States, 9536. Education of indigent blind of District of Columbia, 9360. Expenses how paid, 9360, 9361. Letters written by as third class matter, 73.18. Magazines, periodicals, etc., for, transmit- tea free, 7385. Publications for use of, may be imported, 9552. Reading matter for, transmitted free, 7384. BHL 00PC SHGNAHLS Railroads, 8640. B LöðD Conviction not to work corruption of, 10498. BHLUTE PRINTS Agricultural Department, sale of, 831. Appliances connected with national de- fense, 10212a. Communication of, 10212b. Rural delivery, sale, use of proceeds, 7264a. B{}A &IDING Hºl{JSES Duties of owner, etc., as to census, 4409. BOARDING OFF}|{C}} {{S See Exoctróliºg Vessels. BOARHDHN G WIESSELS Arrival of passenger vessels, 8006. Crew list and crew to be produced and examined by boarding officers, 8367. Passenger vessels on arrival, regulations, 8007-8009. Penalty for unauthorized boarding, 8387. Report of violations of law as to vessel’s crew list, 8366. B60ARD OF APPEALS Office of Solicitor of Interior Department, salaries, 672a. 672a, Append, X p. 1744. BOARD OF COMMISSH3ONERS OF HN- HDHAN AFFAIRS * See India?? Affairs. - |BOAR. D. (OIF (C&O WIMISSIONIERS OF SOL- HD HERS’ Hi). ME - Chief of military secretary’s department to be member, 1766. Chief of Staff, duties, 1763. BOARD OF ENGINEERS See Engineers. Control of floods, 1003044a–10030% c. Employment of civil employés, 9863. Expenses how paid, 9863. - Investigations of river and harbor im– provements, 9866. . . Members, number, rank, 9868. Organization of, 9863. Powers and duties, 9863. Quarters to be rented with approval of Chief of engineers, 9863. Reports of, 9863, 9868. Review of reports on river and harbor im- provements, 9868. - IBOARD OF EXAMINERS Naval reserve force, 290014 a (11). IBOARD OF GENERAFL APPRAISERS Administration of oaths and examination of witnesses, 5596, 5597. BOARD OF GENERAL APPRAISERS (Cont'd) Appeals from, Court of customs appeals, 1186, 1187. |Record, 1189. Time for taking, 1189. Appeals to, collector's decision as to rate and armount of duties, 55.95. General appraiser’s decision, 5594. Gºal appraisers’ decisions reported to, 5598. Members, assignment of, 5593. Orders, contempt, 5593. Report of decisions, 5598. Tea importations, appeal to from examin- ers’ determination, 8791. Re-examination of tea, 8793. Underwood Tariff Act, effect, 53.16. BOARD OF HEARLTH See H Clºw dić. BOARD OF MEDIATION AND CON- CHH, HATH ON Acknowledgment of agreement to arbi- trate, 8671. Aºint to arbitrate to be filed in office of, 8671. Arbitrators to be selected by, 8668. Composition, etc., 8676(1, 2). Copy of award in arbitration between car- rier and employees to be filed in Office of, 8672(1). Custody of papers, 8672(2). Furniture, etc., of Commerce Court, sup- plied to, 1001. Members, appointment and pay, etc., 8676 Notice to by arbitrators selected by car- rier and employees, 8671(3). Opinions as to meaning of agreement be- tween carrier and employees, 8667(3). Pay of arbitrators to be fixed by, 8675. Proffer of services to carriers and em- ployees, 8667 (2). Submission of controveries between car- riers and employees, 8667(1). BOARD OF MOBILIZATION OF IN- H} USTFIES ESSENTIAL FOR MILI- TARY PRE PAREHDNESS Establishment by president, 3115f. B9 ARHD 4}F NAVAL OFFICERS How constituted, 26.97b. Information to be furnished by Secretary of Navy, 26.97d. Meetings, 26.97b. Oath of members, 2697c. Recommendations as to promotion of members assenting, 25.97e. Reconvening on disapproval of recom- mendations by President, 26.97g. Reports, submission to President, 26.97g. Writing, 26.97f. BOARD OF ORPNANCE AND FORTI- FICATION Chief of Staff, duties, 1763. Composition of, 3111–3114. Investigations, 3115. Pay, 3112 powers and duties, 3111, 3112, 8115. Purchases, 3115. ^11alifications of members, 3114. Report to Congress, 3112. Tests, 3115. #60 A £MD G T PARQLE See PC.7°Ole. ROART OF PUBLIC LANDS See Hawaii. #30 ARH) {} F PUBLIC WORKS Timitation on power to contract, 3333. B: OARHD OF REVIEW Judge advocate general’s department, re- view of examinations, 1775h. Medal of honor awards, 1940a. Medical corps, promotion, 1810. Promotion examinations, judge advocate general’s department, 1775b. BOARD OF SPECIAL INQUIRY See I’m ºvigration. BOART) OF SUPERVISING INSPEC- TORS OF STEAM VESSELS Licenses to officers of American registry vessels, regulations as to renewal, 7708. Report of, printing upon recommendation, etc., 7076. - Returns by brokers doing business on tax, 6336xxx. BOARD OF TRADE Income tax, exemptions, 6336k[a]. Internal revenue tax on sales of produce on, 63.18a, 6318h. - B0ARD OF TRUSTIEES See Postal Savings Depositories. Postal savings depositories, 7580-7590. BöARD OF VISITORS Insane hospital, 9293-93.15. Admission of insane pérsons having property, 9314. Application for admission of nonresi- dents of District of Columbia, 9315. Appointment, 92.98. - Approval of appointment of disbursing officer, 9293. - By-laws to be made, 9300. Compensation, 9298. Number, 92.98. Powers and duties, 9300. Rate for private patients to be de- termined, 9324. Report, 9300. Secretary, 9293. Term . of office, 9298. Vacancies, how filled, 9298. Visitation of hospital, 9300. Military academy, 2249–2252. Appointment, 2252. Compensation, 2251. Composition, 2252. Duties, 2250, 2252. Expenses, 2252. Reports, 2250. Naval academy, 2756-2757. Appointment, 2756, 2756a. Compensation, 2756a. - Composition, 2756, 2756a. Expenses, allowance for, Naval observatory, 662. Appointment, 662. Compensation, 662. Duties, 662. Eligibility, 662. Expenses, 662. * Recommendation of appointments, 662. Regulations, Scope of researches, etc., Dū 2. sºission to secretary of navy, 2756–2757. Reports, property, 662. - Secretary of Navy, 662. Visitation of observatory, 662. BOARDS See Board of Mediation and Concilia- tion; Board of Visitors; Eacaminers; and other specific titles. Eacperts, see Tea. Federal Reserve Board, ‘see Federal Reserve Banks. General appraisers, see Tea. Lighthouse boards, see Ilighthouse Service. Air Craft boards, 3115/...a-3115/.e. “ºn” defined in Federal Reserve Act, 785. Details from executive departments, etc., prohibited, 6782. Determination of claims for COmpensa- tion of federal controlled transporta- tion systems, 31.15% c. Examining boards, examination of of.- ficers of volunteer army, 2041. Promotions in army, 1897, 1897a, 1898, 1916, 1917. Expenses not to be paid unless authoriz- ed by law, 6782. Federal Horticultural Board, 8764. Precedence of naval officers on, 2683. Promulgation of regulations for licensing establishments for preparation of vir. lises, etc., 8781. Retiring boards, 2054–2061, 2627-2631, 2637. Services in connection with federaj con- trol of transportation systems, 31.15%h. Vocational training, 939.0%a–939044 mm. BOATHOOSES Licenses for, in Potomac Park, 3347. B&OATS See Canal Boats; Towboats; Collision rules, see Collision. Collectors of customs to provide, for in- Spectors and surveyors, 8459%b (55). Drinking liquors on, in Alaska, 3643i. Inspection of tug-boats, towing-boats, freight-boats, and yachts, 8190. Investigation of explosions and fires, 31.15%jj. Lighters When exempt from regulations for vessels in domestic trade, 8144. Vessels. ReVenue Service, ensign and pendant, 8459%b(57). Penalty for carrying ensign, 8459% b(57), - * * GENERAL INDEX [Page1993] [References are to sections, except where otherwise indicated.] BOATS (Cont'd) TJse for violating liquor law in Alaska, 3643h. BOATSWAINS See Chief Boatswains. Appointment, 2554. Commission to members of fleet naval reserve, 29.00%b (8). Navy, chief, promotion, pay, 2708a. Number, 2554. - Pay, 2708, 2816. Promotion, 2708–2712. Rank, 2708. - Warrant officers, 2555. IBOHLERS Inspectors of, see Steam Vessels. Distillery, forfeited, to be sold at auction, 6352. Location for generating steam, etc., 004 Manufacturer of, to give notice be- fore removing from place of manu- facture, 6003. Prohibition against setting up with- out permit of collector, 6003. Use for distillery purposes on certain premises prohibited, 6004. Locomotives, 8631-8639. Steam-vessels, constructed of stamped plates, 8191. Control of safety-valves and steam- registers, 8175. Falsely certifying by inspector, pun- ishment, 8.186. Inspection of, how often to be made and what to embrace, 8173. Plates, 8.193. Penalties, construction of plates not inspected and stamped, etc., 8192. Obstructing safety-valves, water- gauges, etc., 8.199. Plates, character, 8.191, 8192. Inspection, 8.193. Stamping, 8.194. Thickness, 8197. Pressure allowed, 81.96. Space between flues, 8197, 8.198. Stamping plates, 8.194. Thickness of plates, 8197. Tug-boats, tow-boats, and freight- boats, 8.190. - Use when not constructed of riveted iron or steel plates, 8192. BOIS BHLANC ISLAN HD Sale of military reservation lands, position of proceeds, 5005. . BOMBS Injuring vessels engaged in foreign com- merce, 10483a. BONA FIDE PURCHASER Bills of lading issued by interstate car- rier, 8604s, 8604tt. Lien Superior to seller’s lien or right of Stoppage in transitu, 8604t. . Mortgagor or pledgor, from, 8604ss. Vacation of judgment against persons in military service, 30.78%bb. BOND ACT - See Bonds. Public officers, 3288-3290. dis– BONDED WAREHOUSES See Distilled Spirits and Wines; Drawback: ; Eacports and Eacporta- tion ; Smelting-Works ; Storekeepers; TVCarehouses. Transportation of merchandise in bond, See T'ra?" Sportation. Exports, internal revenue tax on entries, 6348h. Imports, abandoned merchandise, sale of, Abatement of duties for damage, etc., of merchandise in, 5676, 5677. Albany, provisions extended to, 5654. Articles subject to new duties, 53.14. Bond of proprietor, 5645. Cartage, contracts for, 5684. Cellars designated as, 5642. Cigars, depositing for inspection, 5500. Custody, 5644. Drawbacks not allowed after re- moval from, 5729. Customs officers not to have interest in, 5683. Deposits, cigars for inspection, 5500. Goods for failure to pay duty on entry for Warehousing, 5648. Liquors imported, 5650. Merchandise, 5653. Q Option of owner, 5646. BONDED WAREHOUSES (Cont'd) Imports (Cont'd) Designation, 5644. Drawbacks, articles shipped to Phil- ippines, 5675. Disallowed after removal from custody, 5729. Exports, 5663. Merchandise withdrawn not enti- tled to, 5664. Entry of distilled spirits shipped from foreign countries prior to Sep- tember 1, 1917, authorization, 5650a. Bond for expert to foreign country within one year after entry, 5650a. Explosive articles, sale, 5661. Exports from, subject to duty upon reimportation, 52910404), 5313. Fraudulently opening warehouse, 5679. Freight charges, liens for, 5667. Garbanzo, 5671a. - Goods, deposit for failure to pay duty on entry for Warehousing, 5648. Obliteration of marks, penalty, 5678. Grain, 5643. Internal revenue tax on entries for withdrawal from, 63.18a, 6318h. Liens for freight charges, 5667. Liquors, deposit of, 5650. Manufacturing warehouses, 5672. Transfer of merchandise to, 5672. War vessels to purchase supplies from, free of duty, 5668. Withdrawal of merchandise, 5672. Shipment to Philippines, 5674. Supplies for United States ves- sels, 5669, 56.70. Marks on goods, obliteration of, pen- alty, 5678. Merchandise, 5645, 5646, 5649, 5653, 5672, 5673, 5680, 5704. Deposit of, 5653. Option of owner, 5646. Fraudulent removal, 5680. Risk of owner, 5645. Transfer, to bonded smelting ware- house, 5673. To manufacturing warehouse, 5672. Transportation in bond, storage in, 5704. Tſnclaimed, storage of, 5649. Mexican peas, 5671a. New duties, articles subject, 5314. Obliteration of marks on goods, pen- alty, 5678. Opening warehouse by importer or proprietor fraudulently, 5679. Perishable articles, sale, 5661. Philippines, constructed by government, 3821. * Regulations by secretary of treasury, 384, 5682, 5683. Reimportation subject to duties, 5291 (404), 5313. Reports of merchandise in, 5681. Rice, 5671. - Sales, goods of perishable or explo- sive nature, 5661. Merchandise abandoned, 5657. Distribution of proceeds, 5658. Smelting warehouses, 5673. Storage, merchandise for transporta- tion in bond, 5704. Unclaimed merchandise, 5649. Transfers of merchandise, to bonded manufacturing warehouse, 5672. To smelting warehouse, 5673. Unclaimed merchandise, storage of, 5649. United States vessels may withdraw material for repairs or Supplies, 5310, 5669, 5670. Vaults designated as, 5642. Withdrawal, consumption, 5656. Drawbacks not allowed after, 5664. Exportation, 5657. insular Alaska to British Columbia, etc., 5694. - Garbanzo or Mexican peas, 5671a. Mexico, 5657a, 5687–5689. Permit for, 5665. Fees, 5727, 5728. Garbanzo or Mexican peas, 5671a. BONDED WAREHOUSES (Cont'd) Imports (Cont'd) g Withdrawal (Cont'd) Manufacturing Warehouses, 5672. Shipment to Philippines, 5674. Supplies for United States ves- sels, 5669, 5670. Re-warehousing in another district, 5685, 5686. Trans-shipment, 5657. Dnited States vessels, material for repairs or supplies, 5310, 5669, 5670. Yards designated as, 5642. Internal revenue, 5668, 6009–6082, 6114-6192, 6222, 6339–6341. Distillers and distilleries, 6009–6052. Account of articles in, collector to make monthly, 6341. Account of materials used storekeeper to keep, 6082. . Allowance for loss of spirits de- posited in, 6051-6057. Bonds for payment of tax on Spir- its deposited in Warehouse, annual bond in lieu of regular bond, 6035. Form and contents, 6035. Bottling of spirits in bond, 6070, 6070a. Bottled spirits subject to State law, 6077. Drawback not allowed on, 6072. Forging of stamps, etc., as of fense, 6076. Inspection of spirits bottled for exportation, 6072. Regulations for, 6071. Reusing stamp or bottle as of fense, 6075. Tax, deficiency of spirits bot- tled, 6073. Spirits bottled for export, in, collected if case opened, etc., 6074. Branding spirits removed from Warehouse, 6037. Collection and enforcement of tax- es on spirits in, 6034. Custody and management of, 6014. Definition, 6009. Discontinuance when unsafe, sei- zure for failure to make trans- fer, 6011, 6012. - Distiller to provide, 6009. Entry of deposit in, contents, etc., withdrawal after payment of tax, 6036. Exportation of spirits withdrawn from without payment of tax, 6125. Gauging spirits removed from warehouse, 6037. Regauging and allowance for loss, 6051-6054. Removal of spirits from, forfeiture for unlawful, 6079. Without payment of tax, pen- alty, 6038. Punishment, 6080. Removal of spirits to after gaug- ing, 6028 Stamping spirits warehouse, 6037. Store-keeper to have charge of, 6013, 6014, 6082. U. direction of collector, 9. Tax on Spirits removed from dis- tillery warehouse to general bonded warehouse in violation of law, 6064. Use of warehouse by successors in business, 6010. removed from Withdrawal, denatured alcohol *out payment of tax, 6132, 33. Spirits for exportation without payment of tax, 6125, 6126. Spirits for making sorghum sugar, 6069. General warehouses, 6058. Allowance for loss of spirits de- posited in, 6051-6054. Bonds to pay tax on spirits de- posited in, 6058, 6061. Distillers to make, 6062. Collector to make monthly ac- counts of articles in, 6341. GENERAL INDEX IPage 1994] [References are to sections, except where otherwise BONDED WAREHOUSES (Cont'd) Internal revenue, (Cont'd) General warehouses (Cont'd) Discontinuance and transfer of merchandise, 6012. Establishment, 6058. Failure to deposit in on removal from distillery warehouse, pun- ishment, 6065. Laws applicable, 6063. Re-gauging and allowance for loss, 6051-6054. Rºyal from in violation of law, 9. - - Removal of spirits to, 6059. Starmp, 6060. Tax on Spirits removed from dis- tillery warehouse to general bonded Warehouse without com- ºnce With requirements of act, Withdrawal of spirits from, laws applicable, 6063. Transfer to other warehouses, 6062. Manufacturing, 6339–6341. *ºes to be manufactured in, Collector to render account of ar- ticles in, 6341. Imported material received free of duty for manufacture of medi- Cines, etc., 6339. Removal, exportation, 6339. Pacific Coast, 6340. OleOmargarine to be removed to for purpose of affixing stamps, etc., 6222. Return to be made daily of goods in Warehouse, 6081. Special warehouses, allowance for loss of spirits in, 6051-6054. Central denaturing warehouse, al- lowance for loss or leakage of alcohol in transferring to, 6135. Central distilling or denaturing plants for alcohol manufactured by farmers, etc., 6137. Denaturing alcohol, establishment, etc., 6132, 61.34. Transfer of alcohol to, allow- arice for loss or leakage, 6135. Fruit, andy, bottling in bond, 70. Laws relating to grape brandy extended to, 6050. Grape brandy, 6039. Bond on deposit in, 6042. Discontinuance when unsafe, etc., 6045. Failure to comply with provi- sions for deposit in as of— fense, 6049. Payment of tax, 6040. Removal from without compli- ance with law, assessment and collection of tax, 6046. Rules and regulations to be made by Commissioner of in- ternal revenue, 6048. Special stamps on removal to, 6041. Time for payment of tax on removal to, 6047. Withdrawal for transfer or ex- portation, entry, bond, 6043. Regauging and allowance for loss, 6051-6054. Withdrawal of wine spirits for for- tifying pure sweet wines for ex- portation, 61.14, 61.15. Storekeepers, charge of distillery, ac- count of materials used, etc., 6082 Tobacco and snuff, imported tobacco to be moved to for the purpose of affixing stamps, etc., 6.186. Withdrawal from bond Without payment of tax for exporta- tion, 6192. Imported clippings, etc., with- out payment of tax, 6.186. Warehouse-books, 6081. Warships may purchase supplies from free of tax, 5668. Wines, removal of domestic wines to | bonded premises, number of re- movals, 6114a. What constitutes, 6110b [b]. Withdrawal from bond, alcohol for scientific purposes without pay- ment of tax, bond, 6066, 6067. Allowance for loss on withdrawal, 60.55-6057. BONDED WAREHOUSES (Cont'd) Internal revenue (Cont'd) Withdrawal from bond (Cont'd) Denatured alcohol without pay- ment of tax, 6132, 6133. Distilled spirits without payment of tax, export bond, transporta- tion bond, 6126. Fermented liquors without pay- ment of tax for exportation, 6152. Spirits for medicinal preparations, etc., 6068. Wine spirits for fortifying pure Sweet wines, 61.14 Without payment of tax, stamps for spirits withdrawn from bond for exportation, 6125. #30 Nī) }^URCHASE CHAUSE Sundry Civil Appropriation Act, 6823. IBONIDS See Postal Savings Depositories ; Post- Tºasters; Recognicances; Registered Bonds; Stipulations; Swireties; Unit- ed States Boºds. Hawaii, see Hawaii. Accounts, accounting officer of naval mili- tia, 3078a (17). Acting officers, disbursing officer, 6614. Treasurer of Home for Disabled Vol- unteers, 9250. Aºns fees of district attorneys, 1379, 1380. Administrator or guardian, consular Offi- cer as, 3165. Advances, Agricultural Department ap- propriations, 6649. - Forest fire fighting, 6650. Agricultural Department, advances under appropriations, 6649. Chief clerk, 815. w Deputy disbursing clerk, 796. Alien property custodian, 31.15% ce. Aliens, admission and return of inad- Imissible aliens, 4289%b. - Against becoming public charge, 428914 kk. Release of aliens to be deported, 4289%j, 4289%k. Appeal and error, 1660, 1661. Consular courts, 7662. Supreme Court, commerce cases, 999. Time to be given to obtain Super- sedeas, 1666. - United States not required to give, 1661. Armed vessels on clearing, 10180. Assayers. 6438. - Assay officers, 6533, 6538. Assistants, general treasureſ of Home for Disabled Volunteers, 9249. - Inspector general of Home for Dis- abled Volunteers, 9249. Mints, 6438. Navy’ mail clerks, 7256, 7257. Treasurers and certain officers author- ized to act as such, 6590. Cover acts of persons acting for, , 6602. Attachments, discharge in certain cases, t 7. - Bail bonds in consular courts, 1662. Bank accepting deposit of Indian mon- eys, 4068, 4226. * – it is Bºrºv, petitioner for adjudication of, 9587. Possession of property, .9653. referees and trustees, 9634. Census office disbursing clerk, 913. TAdditional bond during Census period, 916. Chief clerks, Agricultural Department, 815 - Court of Claims, 1132. Patent-Office, 741. - - Chiefs of parties, determining boundary fine between Canada and United States, 67958. Clearance of vessel to Secure against aid-, ing insurrection, 10163. - - - - - Clerks, circuit courts of appeals, liability for acts of deputies, 1117. Courts, 1322. Greater 1331. District courts, 1323. - Liability for acts. of deputies, 971. House of Representatives, 82, 83. Mints, 6438. Patent office financial clerk, 673. Postal, 7196. amount when required, indicated.] BONDS (Cont'd) Clerks (Cont'd) Supreme Court, 1196. Filing, 1196. Liability for acts of deputies, 1197. New, 1196. Recording, 1196. United States court for China, 7694. United States courts, renewal, 1323a, Appendix p. 1745. Coiners, 6438. - Collectors, customs, 5357, 5358. Internal revenue, 5847. Commissioner of" Patents, 741. Comptroller of Currency, 497. Consular courts, appeal bonds, 7662. Bail bonds, 7662. Marshals, 7658–7660. Consular officers, 3149, 3150. Administrating estate of decedents in China, 7688. Administrator or guardian, 3.165. Stipulation not to transact business, 3151, 3152. Contractors, Lake Washington to Puget Sound Canal, 9904. Mail transportation, 7428-7455. Approval, 7438. Bidders, 7433, 7434. Liability, 7452. New Sureties, 7440. Preumatic tubes transmission, 7428. Water-route contracts, 7454. Miscellaneous supplies for ments, 6833. - Naval supplies, 6863, 6864. Certified check in lieu of, 6864. Panama railroads, 10054. Paper for public printing and binding, 6959, 6960. Liability of defaulting contractor and Sureties, 6964. Public buildings or works, 6923. Purchaser of vessel stricken from navy register, 2787. Removal of obstructions to navigation, depart- 24. Soldiers’ Home supplies, 9234. Stationery for Congress, 93. Folding rooms for semate and - house, 107. War IDepartment contracts, 6843. Costs, suits by seamen without, 1630a. Custody of official bonds, 3288. Customs matters, agents, factors, general bond, 5484. - Animals admitted into United States temporarily, 5291 (398). Articles temporarily admitted for spe- cific purposes, 5308. - Art works admitted temporarily or for special purposes, 5291 (653, 654). Baggage not entered by Owners, 5497. Bonded manufacturing warehouse, 5672. Smelting warehouse, 5673. Cancellation for destruction of goods in Warehouse during shipment, 5677. Cargo destined for different districts, 5478, 5479. Carriers for transportation to inland ports, 5706. Claim for seized property, 5779. Collectors’ fees, 5393 Delivery for suit, 549. Talse report of, 551. Delivery of imports without appraisal, 5589. etc., Entry of merchandise, after change of destination, 5543. Without invoice, 5522. . . Execution by partnership, 5549. Exportation bonds, discharge, 5747- Right of drawback, 5746. Tea of inferior grade, 8791. Lead ores, 52910152). License to laide or unlade at night, Material for construction of vessels, 5309. Merchandise, deposited in Warehouse, 5648. Destined for foreign ports, 5472, 5473. Permit to lade or unlade after prelim- inary entry, 5561. Production of invoices, 5536. Proof of value secured by, 5620. Re-exportation of goods destined for foreign ports, suit on, 5474. Release of merchandise unlawfully en- tered, 5525. Taken by collectors, 53.59. & GENERAL INDEX [Page 1995] [References are to sections, except where otherwise indicated.] BONDS (Cont'd) Customs matters (Cont'd) Tea importers, 8786, 8789. Theatrical scenery and property tem- porarily imported, 52910582). Transportation of imports for re-Ware- housing, 5686. Vessels, etc., seized under customs revenue laws, etc., 1564. Zinc ores imported, 52910162). Delivery, adulterated or misbranded food or drugs to owner, 8726. - Insecticides or fungicides to Consignee or owner, 8.774, 8775. vessels, etc., in case of seizure, 1566, 1567. Depositaries, cover acts of persons act- ing for, 6602. Funds of Home for Disabled Volun- teers, 9248. Indian moneys, 4068, 4226. - Public money, in Cuba, Porto Rico, and Philippine Islands, 6580, 6581. Deputies, clerk of district court, 1324. Collectors, customs, 5369, 5372. Internal revenue, indemnity to surety and legal representa- tive of collector, 5854. Porto Rico, 3751. Comptroller of Currency, 498. Additional deputy, 499. Disbursing clerk of Agricultural De- partment. 796. Marshal, PCentucky, 1353. Surveyor-general, 4465, 4467. Surveyors, 4465, 4467, 4468. Deputy marshals, Maine, 1070b. Disbursing Officers, 6603. , Acting, 6614. Agricultural Department, deputy, 796. Army, renewal, 1967. Who to give, 1966, 1966a. Census office, 913. Additional bond during CenSUS pe- riod, 916. District superintendent of life saving service, 8522. Executive Departments, 258. Indian department, 4021. Requirement of new bond, 4020. Pºlity for acts of acting Officer, 614. Militia, 3065. National Guard, 3064a, Appendix p. 1768. Naval militia, 3078a (28). Payment of pensions, 672. Special agents, 6603. Discharge, attachments against property of delinquent postmasters, contrac- tors, etc., 1557. Vessel engaged in fisheries from lia- bility for shares of fishermen, 8150. District superintendent of life saving service as disbursing officers, 8522. Educational institutions, supplies furnish- ed for reserve Officers’ training corps units, 1881k. Embargo on exports, redelivery of prop- erty seized for violation of, 7678h. Examination as to sufficiency of official bonds, 3289. Executive Mansion housekeeper, 231. Federal controlled transportation sys- tems for maturing obligations, 31.15%g. Federal land banks, temporary officers, 9835bb (3). Federal reserve agents, 97.94(i). Federal reserve bank dealings in, 9797 Discounts of notes, etc., issued for trading in bonds, etc., 9796(2). Federal Reserve Board regulations for safe guarding, etc., 97.94 (i). . Financial clerk in patent office, 673, 739a. Forest service, advances for fighting fires, Forms of, required by revenue laws, etc., Gaugers in internal revenue, 5865. Guardian, consular officer as, 3165. Holder of lost order bill of lading to give on delivery of goods, 8604gg. Housekeeper of Executive Mansion, 231. Idaho, prospecting or mining phosphates or oils in, 4865. Indemnity, 3094, 3095, 4668, 6645-6650, 6618, 6620, 9881, 10180. Advances, fighting forest fires, 6650. Appropriations for Agricultural De- partment, 6649. Armed vessels on clearing, 10180. BONDS (Cont'd) Indemnity (Cont’d ) * * * Care and return of ordnance for mili- tary instruction, 2283, 3094, 3095. Issuing duplicate checks, , etc.,. 6645. Loan of naval equipment to military school, 2767. Lost bonds, 6818, 6820. Owners of foreign vessels suspected of slave trade, 10439. Payment of warrant for lands Con- demned for river and harbor im- provements, 9881. Persons in military service on entry of judgment, 3078%bb. Surface owners from mining of coal, United States on purchase of air craft patents, 3115*/82f. Indian agents, 3999. Liability, 4002. Sub-agents, 4011. Superintendent of Indian training school performing duties of, 3993. Indian deposits, banks accepting, 4068, 4226. Indian school superintendent, 3994. Indians, transfer of custody to Treasurer, 4075. Indian traders, liability on, for introduc- ing liquors into Indian country, 4141. Injunction, against distress warrant, 6635. Insane person’s caretaker, 9326. Inspectors, mines in territories, 7550. Post office, 7550. Interest on, income tax, withholding at source, 6336iſc]. Internal revenue, brewer, renewals, etc., 61 40. Cigar manufacturers, 6197. Claimants of goods seized for viola- tion of laws, 6361, 6362. Collectors, 5847. Deposit in warehouse of grape brandy, 6042. Distillers, 5997-5999. Payment of taxes on spirits in bonded Warehouse, 6034, 6035. Penalty for failure to give, 6021. Drawback on exportation of stamped goods, 6.195. Establishment of central bonded Warehouse, 6134. Exportation, playing cards without payment of tax, 5. Spirits withdrawn from bond with- out payment of tax, 6126. Tobacco. transportation bond in lieu of export bond, 6.192, 6.193. Extension of time for payment of taxes, 5896a. Filled cheese manufacturer, 6244. Fraudulent execution of as Offense, 6353. Gaugers, 5865. Oleomargarine manufacturer, 6217. Payment of tax on spirits deposited in general bonded warehouse, 6058, 6061. Persons having possession of wines Subject to internal revenue tax, 6110 Proprietor of bonded warehouse, 5645. Release of distillery after seizure and before judgment, 6128. Removal of, domestic wines to bond- ed premises, 61.14a. Tobacco from bond for exportation without payment of tax, 6.192. Storekeeper-gauger, 5874. Storekeepers, 5862. Transportation bond in lieu of in case of exportation of spirits withdrawn § bond without payment of tax, Use of wine spirits to fortify pure sweet wines, 6111. White phosphorus manufacturer, new sureties, etc., 62.72. Withdrawal from bond, alcohol, scientific purposes, 6066, 6067. Denatured alcohol without pay- ment of tax, 6132. Grape brandy, 6043. Spirits for making sorghum sugar, 9 for Internal revenue tax on, 63.18a. Amount, 6318h. Exemptions, 6318b, 6318bb, 6318h. Issue, etc., unstamped, penalty, 6318i, Appendix p. 1779. Record of unstamped, 6318k, Appendix p. 1780. BONDS (Cont'd) Internal revenue tax on (Cont'd) Unstamped as evidence, 6318i, Appen- dix p. 1780. - Letter carriers, 7278. Renewals, 7196. Liability on official bonds, 3290. Liberty loan bonds in lieu of other bonds of contractors, officers and employés Of postal service, 7193a, Appendix p. 1786. Librarian of Congress, 130, 131. . * Licensed yachts not required to give, 7805. Life saving service district Superintend- ent, 8522. º Limitation of actions against Sureties, 3292. Loan of naval equipment to military school, 2767. Manufacturers of smoking opium, 6287a, 6287b). Marshals, 1307–1310, 1312a. Amount, 1307. Greater amount when required, 1. 1331. Appointed to fill vacancies, 1318. Approval, 1307. Consular courts, 7658–7660. Filing, 1307. Rentucky, deputy, 1353. Liability on, for acts of deputies, 1313. Recording, 1307. Remains after judgment as further Se- curity, 1309. Suits on, costs, 1308. Limitations, 1310. Who may bring, 1308. Texas, northern district, 1363. United States court for China, 7694. Melters and refiners, 6438. Military instruction camps, Supplies to, 1963d. Mine inspectors in territories, 3502. Mining phosphates or oils in Idaho, 4865. Mºº officers, assistants and clerks of, 6438. Naval equipment, loan to military School, iSSuance Of Naval officers, 5357, 5358. cºencement of pay on approval, Naval storekeepers, 2568, 2611. Navigation, alien owner of steam boat in proceedings for enrollment or li- cense, 8063. Enrollment of vessel, renewal, 8076, 077. License of vessel, renewal, 8076, 8077. Passport for vessel going to foreign country, 8052. Satisfaction of judgment against OWn- er or master of steam-vessel, Carry- ing more than lawful number of passengers, or failing to keep list of passengers, 8239. Unlawful use of petroleum in the pro- duction of motive power, 8244. Navy, mail clerks, 7256, 7257. Pay officers, 2531-2533. New bonds, disbursing officers of Indian department, 4020. Notice to surety of delinquency, 3291. Official, custody of, 3288. Examination as to suffièiency, 3289. Liability, 3290. Limitation of actions, 3292. Notice to surety, 3291. Renewal, 3290. Ordnance issued to schools or for military instruction, care and return of, 2283, 3094, 3095. i Owners of foreign vessels suspected of slave trade, 10439. Patent Office, Commissioner, 741. Financial clerk, 673, 739a. Paymasters at armories, 3083. Pay Officers in Navy, 2531-2533. Petitioner for adjudication of bankrupt pending hearing, 9587. Philippines, issuance and limit, 38.12b. Issuance for acquisition of lands of religious Orders, 3875. Railroads, guaranteed by insular gov- ernment, 3909. Porto Rico, 3803a.a.a. Anticipation of taxes and revenues, 3795. Officers, premiums, 3803v. Treasurer, 3803eee. Possession of property in bankruptcy pro- ceedings, 9653. Postal clerks, 7196. Postmasters 7193-7197. Approval of, 583, 585. GENERAL INDEX [Page 1996] [References are to sections, except where otherwise indicated.] BONDS (Cont'd) Postmasters (Cont'd) Illegally approving, 10392. Liability on, acts of money order clerks, 7556. - Money order business, 7555. Renewal, 7196. sººty for postal savings deposits, 1 Post-Office Department, forms of, 592. Inspectors, 7550. Purchasing agent, 579. Procedure in suits, amount of recovery, 1599. Judgment, at return term, on bonds for duties, 1598. Original to be produced, when, 1498. Recovery of interest on bonds for duties, 1601. Stay of process in rem, or discharge of property, in causes of admiralty jurisdiction, 1567. Prospecting or mining phosphates or oils in Idaho, 4865. Public printer, 6971. Purchasing agent for Post-Office Depart- ment, 579. Quartermaster corps, waiver, 1966a. Railroad commission to investigate issu- ance of, 8602. Receivers, 4471. Liabilities on, 4469. Receiving clerk in office of commissioner of Indian affairs, 721. Red Cross Association, issuance of equip- ment and supplies to, 1963b. Referees in bankruptcy, 9634. Refiners, 6438. Register of copyrights, 9571. Hegisters and receivers, 4471. Liabilities on, 4469. Telease, vessels, 10181. Removal of causes, 1011. Remain valid on, 1018. Renewal of official bonds, 3290. Reserve officers’ training corps, supplies furnished by United States, 1881k. Secretaries, Agriculture, 815. Alaska, 3563, ...” Senate, 81, 83. “Securities” includes, 31.15%pp. Sergeant-at-arms of house, 101. Custody of, 102. Shipments of grains in bond, 8744. Shipping commissioner, 8288. sº agents to disburse public moneys, 03 - States, held by United States, on default in payment, money due State to be ap- plied, 6389. - Steam vessels, to secure release of lien on, 8239. Steward to President, 231. Stock raising homestead, protection of entrymen against damages by prospec- tors, 4587i. Storekeeper-gauger in the internal reve- nue, 5874 Storekeepers, foreign stations, 2568, 2611. Internal revenue, 5862. Naval, 2568, 2611. Sufficiency of official bonds, examination as to, 3289. Superintendents, district superintendent of life saving service, 8522. Division of finance in Office of third assistant Postmaster General, 578. 578, Appendix p. 1743. Indian School, 3994. - Insane hospital, 9293, 9295. Library building and grounds, 134. Mints, 6438. Training School for Boys, 9397. $upplies, issuance to military instructio camps, 1963d. * Sureties, corporations, 3293–3301. Surveyor-general, 4448. Deputy, 4465, 4467. |Period covered, 4456. President may require new, 4449. Surveyors, customs, 5357, 5358. Land deputies, 4465, 4467, 4468. Transcripts from books of treasury de- partment as evidence, 1498, 1499. Treasurers, American Printing House for Blind, 9389(5). Assistants and officers authorized to act as such, 6590. Cover acts of persons acting for, 6602. Home for Disabled Volunteers, 9247. Assistant, 6249. Branch homes, 9247. BONDS (Cont'd) Treasurers (Cont'd) Porto Rico, 3803eee. Soldiers’ Home, 9218. Training School for Boys, 9396. |United States, 474. Trustees in bankruptcy, 9634. United States Treasurer, 474. Vessels, armed, on clearing, 10180. Discharge of vessels engaged in fisher- ies from liability for shares of fish- ermen, 8150. Foreign, suspected of slave trade, 10439. Lºsed yachts not required to give, Release of, 10181. Security against aiding insurrection, Steam, release of lien, 8239. Finance Corporation, 31.15%gg. Exemption from taxation, 31.15%i. Forgery, counterfeiting, etc., 31.15%j. Reports of, 31.15%k. United States not liable for, 31.15%ii. BOOK BINEDERS Gºnment printing office, wages, 6998, BOOKKEEPERS Assistant treasurers’ offices, 6591-6601. BOOKKEEPING -* System for Bureau of Indian Affairs, 6789a. B0QK OF ESTIATATES See Estimates. BOOKS See Copyrights; Library of Congress; Nawtical Almanac and Books. Book of Estimates, see Estimates. Blank, furnished to customs officers, 5386. Blind persons, free transmission, 7384. Brewers to keep, 6141, 6142. Cigar manufacturers, 6200. Cºt courts, transfer to district courts, Clerks of district courts, open to inspec- tion, 1383. Coal companies, inspection, 31.15%q. Commercial attachés, purchase, 854a. Commissioner of Indian affairs, copies ad- missible in evidence, 720, 721. Commissions on industrial relations, 8914. Consignor, etc., of imported merchandise, submission to inspection, 5600. Consular copies as evidence, 1509. cºlates. record books furnished to, Copyright, 9517–9584. Copyright office, 9575. Court of Customs Appeals, 1181. Customs duties on, 52910829). Customs officers, blanks furnished to, War 31.15%g, 5386. Dealers in leaf tobacco, 6168. Pºſtment of agriculture, exchange, 4C bºats, printing for, restrictions on, 7176. Public printer to supply, 6997. |Use as evidence, 1494. Destruction, etc., public records, 10298. Officer destroying records, 10299. Disbursing officers’, examination of, 410, 420a, (e). Distillers, 6085. Concerning denatured alcohol, with- drawal from bond without payment of tax, 6132. Entries, etc., to be kept, 6083. Evidence, books kept in public office of State, etc., how proved, 1520. Bºnation of, by Indian inspectors, o Exchange, department of agriculture, 814c. Heads of departments, 7177. General land office, copies as evidence, 1504 Custody of, 700. Geological Survey, purchase of, 775. Government printing office library, posal of, 7005. Importation, regulation, 5522. Importer of merchandise, failure to Sub- mit for inspection, 5601. Interior Department, copies furnished, 675 dis- Irrigation work surveys, 4744. Legations, record books furnished, 3208. Liquor dealers, wholesale, 6100. Mail matter, weight limit, 7330. BOOKS (Cont'd) Manufacturers of adulterated or renovat- ed butter, 6234. National bank, penalty for false entries in, 9772. Navy department, custody of, 617, 625. Nonmailable, violation of Espionage Act, 10401a–10401d. Obscene books, importing and transport- ing, etc., 10415. Oleomargarine, manufacturer to keep, Wholesale dealers in oleomargarine, process, renovated or adulterated butter, 6241. Patent office, copies as evidence, 1505. Postage on foreign mail-matter, 7.366. Printing for departments, restrictions on, 7176. Production, actions at law, 1469. Customs cases, compulsory, 5799. Equitable proceedings for enforcement of tariffs, prohibition of discrimina- tions, etc., 8599. - Examination by Secretary of Agricul- ture, 795 a.a. Immigration inspectors, 4289%i. Interstate Commerce Commission pro- ceedings, 8576. Tendency to criminate no excuse, limitation upon use in criminal proceedings, 8577. War risk insurance act, 514kkkk. Public printer to supply departments, 997. Purchase from appropriations for Con- tingent expenses, restrictions, 6786. Recorder of land titles, Missouri, 4514. Record, furnished to legations and Con- sulates, 3208. Rectifiers, 6100. Solicitor of treasury, use as evidence, 1495. State Department, custody of Secretary, 301. Surveyors-general, allowances for, 4461. Surveys for irrigation works, 4744. Third class mail matter, 73.15. Tobacco, manufacturers of, internal rev- enue purposes, 6166. - Retail dealers in leaf tobacco to keep, 6175. Transfer from circuit to district Courts, 1266. - Treasury department, transcripts as evi- dence, 1498–1500. War Department, custody, 319. Warehouses, agricultural products, exam- ination, 87.47% mm. Wholesale liquor dealers, 6100. BOSTON Chinese may enter port, 4308. BOTANICAL GARDEN Accounts, Auditor’s examination, 420. . Appropriations, expenditure by Superin- tendent of library building and grounds, 136. Facilities for research accessible to stu- dents, etc., 9382, 9383. Laborers, 3417. Property, statement made annually, 3418, 3419. Superintendent, 3417. * Supervision of capitol police extended OV- er, 3416. BOTANISTS & Agricultural Department, appointment, 794. * Salary, 793. IBOTANY Division of, 795. BOTTLING * See Distilled Spirits and Wines. Spirits in bond, 6070-6075. BOTTOMIRY Lien not affected by conveyance of ves- sel, 7778. BOUNDARIES Crater Lake National Park, 5228. Glacier National Park, 5247. International, fences to keep out diseased animals; 8707. TJnited States and Canada, etc., al- vances from appropriations to chiefs of parties, 67958. Commissioner to account for ad- vances from appropriation, 67958. Land districts, change, 4510, 4511. Mesa Verde National Park, 5238. GENERAL INDEX [Page 1997] [References sare to sections, except where otherwise indicated.] BOUNDARIES (Cont'd) National forest, change of, 5134. Establishment, 5.136. Rocky Mountain National Park, 5249aa. Surveys of public lands, 4803-4825. Wind Cave National Park, 5236. Yellowstone Park, 5.188. Yosemite National Park, 5209-5214. BOUNTIES See Bownty Lands; La%d Warrants. Advance, settlement of, 448. Army, duplicate certificate of discharge as voucher for, 324. . Enlistment in, prohibited, 2044c. Re-enlistment in, 1891. Volunteers, 2004. - claimºor affidavits and declarations, Military Bownty Disallowance of, 450. Payment of, 451. Colored soldiers, etc., 3967. Fund to be covered into treasury, 3972. Payment of claims for, 3969-3971. Slaves entitled to, 9025. Debts incurred for (Const. am. 14, § 4). Destruction of vessels of enemy forbid- den, 8396. False affidavits, vouchers, etc., 9079. Navy, enlistment, 2583, 2855, 2861, 2862. Payment as prize money, 8409-8412, 8418, 8419, 8426. Refund on discharge, 2588. BOUNTY LANDS General provisions, 4826-4859. Additional to certain officers and soldiers, 4837-4839. Agreement for prosecuting claim to be filed, 91.15. Certain omissions in discharge, deprive soldier of right to, 4852. Children of persons entitled, 4840, 4842. Commissioner of Pensions, duties in con- nection with, 728. Compensation of attorneys, claim agents, etc., for prosecuting claim, 9112. Agreements to be filed, form, of, etc., 9115 not to Limit of fee, 9112, 91.15. Penalty for demanding excessive fees, 9114, 91.15. Death of claimant after proof and before issue of warrant, 4856. - Deserters not entitled to, 4850. Fees of registers and receivers, 4473. Indian war, 4830. Landscrip, 4830-4831. Locations may be assigned, 4826. Marriage of widow subsequent to ap- plication, 4836, 4841. Mexican war, 4830, 4831. - Militia and volunteers between 1812 and 1852, 4830, 4832, 4833. - Not subject to prior debts, etc., 4848. Patents, heirs of revolutionary and war of 1812 soldiers, 4855. Issue, 4835. Soldiers of Regular Army, when war- rant lost, 4851. Period of captivity added to actual serv- ice, 4834. Persons not entitled, 4833. Proof of loyalty, 6388. Proof of service, 4842, 4843, 4847. Allowance of time for distance from home to place of muster or dis- charge, 4845. Evidence to be received, 4844, 4847. Proofs by legal representatives, 4857. Provisions extended to Indians, 4846. Purchase of lands located with claims under treaty of 1854, 4776. Relocation by settler in Case of error, 4858. Sales, etc., prior to warrant, void, 4848. Supervision of business relating to, Secretary of Interior, 681. War of 1812, 4828–4830. Warrants, 704. Assignment, 4826, 4848. Issue, 4835. Issue after death of claimant, 4856. Location, 4827. - By Commissioner of General Land Office, etc., 4849. Service in Revoluntary War and war of 1812, 4828, 4829. *ś, to issue in place of lost, 4853, by BOUNTY LANDS (Cont'd) Warrants (Cont'd) - Notification of applicant by commis- Sioner of pensions, 9081. Pºy for withholding, 9078, 9114, Personal chattels, etc., 4856. Prima facie evidence of service and honorable discharge under pension laws, 9038, 9054, 9078. Receivable in payment for lands, 4859. sºe between 1790 and 1855, 4837– 4842. Signed by person appointed by Pen- sion Commissioner, 732. - Widows of persons entitled, 4840, 4841. Subsequent marriage, 4836, 4841 BOWLING ALLEYS Special excise tax, amount, what regard- ed as, 5980i. Nonpayment 5980j. Records, statements and returns, 5980k. BOWMAN ACT - • See U77 ited States. Claims, 1139, 1175–1178. BOY SCOUTS OF AMERICA Assets, 93906. Badges, right to use, 9390g. Corporation, creation of, 9390a. Meetings, 9390f. Quorum, 9390f. Stock dividends or certificates, prohib- ited, 9390d. Duties, 9390b. - Emblems, right to use, 9390g. Executive Board, powers, etc., '9390e. Name, 9390b. Powers, 9390b, 9390d. Purpose, 93.90c. Reports to Congress, 9390h. . Right reserved to repeal, alter or amend act, 9390i. IBRAKEMEN Intoxication 342.1%. n. BRAFKIES Driving wheel brakes and appliances for operating train-brake system, 8605. Equipment of cars in interstate com- merce, 8605, 8607, 8610-8613, 8620. Hand brakes, 86.18. . Minimum number of cars to be Op- erated by brakes, 8614. BRANCH BANKS See Federal Reserve Banks. Internal revenue tax on circulating notes to be assessed against each branch sev- erally, 6202. BRANCH OFFICES Directors of War Finance Corporation, 31.15%;cc. BRANCH POST-OFFICES Accounts of revenue, 7204, 7598. Establishment, Postmaster-General may establish, where, 7279. - Restrictions on, 7280. Expenses of, how limited, 7282. Letters not to be sent to contrary to re- quest of addressee, 7279. Money-order business at, 7555. BRANCHI RAILROADS Aiding in construction of, not violation of Anti-Trust laws, 8835g. BRANDING See Brands. - Casks or packages of distilled spirits dumped for rectification, 6102a. Punishment by branding prohibited, army, 2308a, art. 41. - Navy, 3018. a misdemeanor, fine, in District of Columbia, BRANDS See Food ; Insecticides and Fungi- cides ; Misbranding. Apples, 8733-8737. Barrels below standard, 8907b. Grades of, 8734. False branding, articles manufactured of gold or silver, 8805–8811. Food and dairy products, place of pro- duction, 8729, 8730. Food and drugs, 8717-8728. Internal revenue, adulterated butter packages, 6235. - Articles sold under distraint and for- feiture, 6360. - BRANDS (Cont'd) Internal revenue (Cont'd) Cigars, purchasing without as Offense, 6213 Distilled spirits, alteration, penalty, 6107. Effacement from empty casks, pen- alty, 6105. - New packages containing not less than ten gallons, 6104. Fermented liquor packages to branded, 6.156. Mixed flour packages, 6259. After breaking original package, 6262. Imported flour, 6264. Oleomargarine, 62.18. Defacement as offense, 6227. Exportation, 6228. Purchase of unbranded packages as offense, 6223. Removal as offense, 6227. White phosphorous matches, Misbranding seeds, tests for, 8741. IBRANDY See Distilled Spirits and Wines. Special bonded warehouses for, Bonded Warehouses. IBRAZIL. Ambassador and secretary to, salaries, 31.17. - BRAZOS HARBOR Transshipment of merchandise from, to Brownsville, 5341. . $º BREACH OF THE PEACE Drunkenness in Alaska, 3643i. BREACH OF MARRIAGE PROMISE Discharge in bankruptcy, 9601. IBREAD Contracts for baking for navy, 6878. BREAKING AND ENTTERING See Burglary. Service of search warrants, 10496%h, 10496%i. . BREVETS Assignment to duty according to rank, 1927, 1928. Commissions, 1925–1933. Indian service, 1929. Marine Corps, 2921. Militia, 2026c. Pay, increase, 2103. Uniform, 1933. ſº Volunteer forces, 2026c. BREWERS See Fermented Liquors. BRIBERY Accepting bribe by officers, 10287. Judicial officer, 10302. Juror, referee, etc., 10303. Member of Congress, 10280. Revenue officer, 5532. Witness, 10304. Congressmen, accepting bribe, 10280. Offering bribe to, 10281. offering presents to, be 6282. See Customs officers, 10235. Evidence, revenue officers, etc., accepting bribe, 5532. Grain standard inspectors, 87.47%h. Impeachment for (Const. art. 2, § 4). Judicial officer, 10301. Accepting, 10302. Juror, etc., accepting bribe, 10303. Meat inspectors, etc., 8681(20). New York Harbor officers, 9935. Porto Rican officers, 3803rm. Referee, etc., accepting bribe, 10303. Revenue officers, etc., accepting bribe, 5.532. Evidence, 5531. United States officer, 10203. Witnesses accepting bribe, 10304. BRICK Customs duties on, 5291071). BRIDGE ACT See Bridges. Text of act, 9961–9968. BRIDGES Aids to navigation, construction of, 9969. Expenditures for limited, 9969. Charges for transporting mails, troops, and munitions of war not to be higher be- cause of, 9962. Construction, consent and approval of plans essential, 9961, 9971. State authority for, 9971. GENERAL INDEX [Page 1998] [References are to sections, except where otherwise indicated.] BRIDGES (Cont'd) . Drawbridges, regulations, penalty for vi- olation, 9973. To be opened promptly on reasonable signal, 9964. - - Expenses of investigations, etc., concern- ing, how paid, 99.74. Glacier National Park, 5249. Illinois and Mississippi canal, approval of plans, rights of Way, etc., 9972. Iowa, river, between Toolsboro and Wa- pello, 9841. North. of Wapello, 9840. Tawful structures, bridges built in ac- Cordance with act to be, 9962. Lights to be maintained by owners, 9964. Failure to maintain, penalty, 8441. Maquoketa River, Iowa, construction per- mitted, 9960. Military reservations, 4920. Mississippi river, west channel between Grand Island and mainland opposite La Crosse, city relieved from maintaining draw, 9842. National Zoological Park, 10591. Navigable waters, bridges over, 9960–9975. Navigation not to be obstructed, 9964. Notification of owners of obstruction of navigation, 9964. Obstruction to navigation, notice to alter, penalty for failure, appeal to Su- preme court, 9970. Removal, 9964. Reservation of right to amend or re- peal act, 9968. Owners failing to comply with act regu- lating, penalty, 9965. Piers deflecting currents, complaints, in- vestigations, liability, 9975. Plans, approval before construction, 9961. Construction without approval unlaw- ful, 9971. Deviation from approval plans unlaw- ful, 9961, 9971. Porto Rico, control by Porto Rican gov- ernment, 3760. Post routes, bridges built in accordance with act to be, 9962. Railroad, includes bridges, 8563, 8677. Use by other railroads, 9963. - Signals to be maintained by owners, 9964. Telegraph and telephone lines acroSS, Companies to have equal privileges in use of, 9962. United States maintain, 9962. Time for commencement and completion, 9966. Tolls to be reasonable and just, Secretary of war may prescribe, 9964. IBRIEFS - Contested elections of Imembers of House of Representatives, 184. . BRIGAi) ES Army, 1758a. Composition, 1758a, 2026c. Detail of clerks, etc., to bureaus in War Department, prohibited, 317. Signal corps, 1867i. Headquarters, composition, 1758a. Navy, commanding officer may order gen- eral courts-martial, 3006a. Commanding officer may order sum- Imary Courts-martial, 2994a. Staff of army, brigade commander Volun- teer Army, 2026e. (BRHGAHDIER-GENERAL, DANT Marine Corps, 2901, 2913. BR][GADIER GENERALS Advancement to major general retired, 2068a. Aids, 1757. Pay, 2089. Appointments, line of army, 1717b. - Assistant Surgeon General, 1806a, Appen- dix p. 1747. - Head of medical department, 1899f. Line of army, appointments, 1717b. Marine Corps, 2901b, Appendix p. 1767. How appointed, 2003a. Promotion to grade of, 2903b. 'Medical Department, 1806b, Appendix p. 1747. - ,Number of, 1717, 1717b. Pay, 2089, 2090. Aids, 2089. - Quartermaster Corps, vacancy not to be filled, 1779. . may construct and COMMAN- BRIGADIER GENERALS (Cont'd) Quarters for officers, 2118-2118c. Relative rank, 2660a. BRITHSEH PROVINCES Exports to, not to be landed in States, 5693. Imports from, house and transportation to, 5757. Merchandise entitled to drawback on exportation to, 5758. - Ports to which to be transported for drawback, etc., 5756. Transportation in bond between Unit- ed States ports over, 5691. What imports may be exported to, 5758. Retaliatory suspension of privileges to vessels of North American dominions, United exportation from ware- etc., 830. Vessels from, lading and unlading, 5841. HBROKERS See Customs House Brokers; brokers; Ship Brokers. . - “National” in title of firm prohibited, JPO wºn- Returns income tax, 6336XXX. Special excise tax, nonpayment a misde- meanor, fine, 5980j. - Records, statements and returns, 5980k. Who regarded as, 5980b. BRONZF COIN - Counterfeiting dies for United States COinS, 10339. • BROTHEES Suppression near military Camps, etc., 2019b, 28.13e. 2019b, Appendix p. 1755. JBROTHERS Allowances under war risk insurance act, for purposes of and naval Compensation to on death of employé of |United States, 8932ee. BUCKWHEAT Importation of seeds adulterated or unfit for seeding, 8744-8747. BUGLERS Cavalry troop, 1718. Coast artillery, number, 1731a. Engineer corps, 1842a. Extra, duty pay of United States discipli- nary barracks guard, 2161a. Field artillery, 1736a. Sergeant buglers, 1736a. Infantry regiment, 1738a. Buglers first class, 1738aaa, Appendix ... 1746. Corporal buglers, 1738aaa, Appendix p. 1746. Sergeant buglers, 1738a. Pay, 2144a. 2144a, Appendix p. 1759. Sergeant buglers, field artillery, 1736a. Infantry, 1738a. BUILDING AND LOAN AssocłATIONs Bonds, exemption from internal revenue tax, 8b. Income tax, exemptions, 6336|Kſa]. Stock, exemptions from internal revenue. tax, 6318b. - BUIH, DHNGS - See Pºt blic Buildings and Grounds. Agricultural colleges, 8873. Experiment stations, 8883. - Lease for military purposes in District of Columbia, 6932a, Appendix p. 1784. Requisition by Secretary of War in Dis- #. of Columbia, 6933c, Appendix p. 4. “Shipyard” includes, 8146t. |Use for violation of liquor law in Alas- ka, 3643h. - #3UHH, DING STONE Entry of land under placer mining laws, 4633 RTUALIBS - Plant Quarantine Act, 8752–8764. Postage rates, 7326. Secretary of Agriculture to purchase and distribute, 820. fºLINK HEADS - Water tight bulk heads, to be placed in Steam vessels, 8260. Certain lake steamers excepted, 8261. RULEETINS Départments, Convmissions, etc., see the Specific titles, as Agricultural Ea!periºrvent Stations. Agricultural experiment stations, 8882. Bureau of American Ethnology, size, 7099. Bureau of Education, 767. Coast and Geodetic Survey, printing of, Commissioner of Labor Statistics, 949. Contents, 950. Department of Labor, printing of extra copies, 7107. Director of Bureau of Standards, 926. Farmers’ bulletins, 828. Fish Commission, number of copies, dis- tribution, 7063. Geological survey, distribution, 7104, 7149, 7150. Publication for exchange or sale, 7.151. Size, 7104. Specific. appropriations necessary, 7149. Hydrographic office, printing of, 7163. Public health and marine hospital serv- ice, number, editions, 7135. Secretary of Agriculture, number of cop- ies, limit of size, 7163. - State Boards of Health, etc., as second class mail matter, 7.309. Surgeon general of army for instruction of medical officers, publication, 7135a. - 7135a, Appendix p. 1785. - Weather Bureau, Secretary of Agriculture to determine number of copies, 7163. Special printing office, 845a. BUILHL FIGHTING Prohibited, punishment, 10493. BUILLION - See Mints. Reports by collectors of customs of bul- lion in cargoes intended for export, 31.15% gs. BUILL RUN NATIONAL FOREST Trepass on, 10222. BlüNKS - Provision for on merchant vessels, 7734. |BUNTING American manufacture, contract for, 6880. Purchases for Navy not subject to pro- visions as to advertising, etc., 6869. Blü ÖYS See Lighthouse Service. *. Anchorage buoys in New York and Phil- adelphia harbors, maintenance by light- house board, 8440. Coasts, bays, etc., coloring and number- ing, 8454. Superintendence assigned to collectors of customs, 8445. BURP) EN OF PROOF See Evidence. IBUREAUS - See Chiefs of Bureaus; Crop Esti- ſmates, Bºreau of; Federal Farm? Loans ; Lighthouse Service ; Mili- tary Bºwreaſu , Telegraph, and Cipher' iPureau ; Weather Bºreau. Accounts, see Accounts : American re- publics, see American Repwblics; Coºn?rvercial Bureau of Alºverican Re- pºtblics ; a 17.77%al industry, see Alºnº- Trvals and A71,777val Industry archives, See Archives ; gensus, see Census ; chemistry, see Chemistry; corpora- tions, see Corporations ; , Special Agents : currency, see Currency, domestic com/merce, see Lomestic Conv'merce : education, see Educa- tion ; efficiency, see Civil Service ; engraving aſſºd printing, see Engrav- ing and Printing ; equipment, see Navy Departmvent ; ethnology, see Ethnology : foreign commerce, see Foreign Commºnverce ; forestry, see Forestry invºnigration and naturali– 2dtion, see Iºnºmigration ; insular af- fairs, see Insular Affairs ; interna- tional bureau of perma?vent court of arbitration, see Arbitration ; labor statistics, see Labor Statistics, Bu- redu of ; manufactures, see Manºl- factures ; markets, see Markets ; medicine and Swºrgery; see Medicine Clºvd. Sºrgery, Navy Department ; Surgery : military justice, see Judge- Advocate-Geºveral’s Department ; mi- litia bureau, see WCur Department ; mines, see Mines, Mining, Minerals, GENERAL INDEX BUREAUS (Cont'd) Mineral Lands, Resources, and Claims ; mint, see Mints; national bureau of standards, see Weights and Measures ; navigation, see Nav: igation ; Navy Department ; ord- nance, see Navy. Department; Ord- nance; standards, see Weights and Measures ; statistics, see Statistics, steam engineering, see Navy Depart- ment ; Steam Engineering ; supplies and accownts, see Navy Departmvent, Supplies and Accounts, Bureau Qf g war risk insurance, see War Risk Insurance ; yards and docks, See Navy Department ; Yards and Docks. In particular departments, see Specific titles, as Agriculture, Departºn gºt of ; Navy Department; War De- partment ; etc. e Advertisements not to be published with- out written authority, 7187. - Agricultural department, crop estimates, duties, 795a. Estimates, 6721. º Laws made applicable to, 795. Rent of buildings, reports, 837a. Arbitration, international bureau of per- manent court of, 7684. º Army, chiefs, temporary designation to perform duties of Secretary of War, 313. Books, transferred to Library of Con- gress, 149. e Transferred to public library of Dis- trict of Columbia, 281. Claims against United States, Witnesses, 266-269. - Commercial bureau of American repub- lics, 7681, 7682. Compliments not to be inserted in docu- ments, etc., 7095. Transfer, etc., submission mates, 6672. Construction and repair in Navy Depart- ment, 614, 622, 633, 634, 649. Contingent funds, apportionment Of, 6788. Report of expenditures, 275, 276. Time of making, 278. Restrictions on purchases from, 6784. Time of making report of, 278. - Court of Claims decisions transmitted to, in esti- Death, etc., of officers sued in official ca- pacity, 1594. - Detached, purchase or drawing of plies, 6833. Detail of officers, etc., to commission to investigate issuance of railroad stocks, and bonds, 8602. Disbursing officers, absence, acting offl- cer, 6614. - Documents to be delivered to Superin- tendent of Documents, 7045. Efficiency, submission to Secretary of In- terior of system of bookkeeping for Bu- reau of Indian Affairs, 6789a. Estimates, Agricultural Department, 6721. Book of, to include extracts from re- ports, 6739. - - Condition of business, 6680. Ernployees detailed to other bureauš, Statement of, 6680. Printing and binding, 6675, 6676. Printing response to congressional inquiries, 7035. - Public printer to furnish, 7166. Evidence, etc., in claims adjudicated for by Attorney General, 270. . . . Executive departments, , abolition, 283e. Federal Trade Commission, furnishing records and detailing officials to, 8836h. Forest service officials to aid other fed- eral bureaus, 5154. Indian affairs, system of bookkeeping for, 6789a. Insular affairs, 345–348. Internal revenue, officers and employés of to be appointed to carry out Opium registration act, 6287 p. Manufacture of postal cards, 7395. Navy Department, 622-655. Newspapers, expenditures for, limitation, 273. Plant Industry, 795, 8764. Pleadings, evidence and decisions in suits pending in Court of Claims for, 270. Printing and binding, appropriations to which cost to be charged, 7166. Estimates for, 6675, 6676. Public printer to furnish, 7166. Response to congressional inquir- ies, 7035. Sup- statement of, [Page 1999] BUREAUS (Cont'd) Public lands in Philippines, 3856, 3857. Registered mail, 7371. Reports, Book of Estimates to include ex- tracts from, 6739. Expenditure of contingent funds, 275, 276 - Time of making, 278. Inefficient employees, number, ries, 6679. Rent of buildings, 837a. Sale of Subsistence supplies to, 1961. Standards, 925. - Appointment of representative on ad- visory committee for aeronautics, 31.15i. State Department, information for De- partment of Commerce, 292. Statistics, duties performed by bureau of crop estimates, 795a. War risk insurance, 514a–514v.V. Weather Bureau, 840–849. BURGLARY Extradition of fugitives country, 10110. Definition for purpose of, 10110. Homicide in attempt to commit, 10446. Indian reservations, commission on, 10503. Indians committing, 10502. Jurisdiction, 1009. - Military service, punishment of persons in, 2308a, art. 93. - Navy mail clerks’ claims for loss by, ad justment, 7212a. sala- from foreign Postmaster’s claims for losses by, adjust- | ment, 7211, 7212. 7211a, Appendix p. 1785. Post Office, reward for detection, 582a. BURIAL . Expenses of in case of government em- ployés, 8932f. National cemeteries, register of, 9371, Who may be interred in, 9373. Officers, enlisted men, etc., of Army, 2019.c, Appendix p. 1755. Revenue-cutter service, officers and men in national cemetery, 8459%b (43). BURKE ACT. - See India??.S. Indians, 3951, 4203. BUSHIEL Grain, etc., imports, weights fixed, 5291 (188, 192, 209), 5615. EUSINESS Diplomatic officers not to transact busi- ness in country to which assigned, 3130d. - BUSINESS LEAGUES Income tax, exemptions, 6336|KIa]. BUTTER, etc., See Adulterated Butter ; Oleo margar- ine ; Process Butter; Renovated Bºtte?”. Allowance to merchant seamen, 8392, 8392a. - - Butterine, transported into State, etc., subject to police powers, 8740. Definition of, 6215, 6233. Imitation, transported into State subject to police powers, 8740. - Purchase of, for navy, 6869, 6877. BUTTERINE See Bºutter. BUTTONS AND BUTTON FORMS Customs duties on, 52910338, 339). Naval reserve force members to have buttons, 2900%a (18). BY-ILAWS See, also, Regulations. Federal reserve tºº, 9788(4). | Insane hospital, 9, National banks, 9661. Trade Unions, 8910. War Finance Corporation, 31.15%d. BY-PRODUCTS - Garbanzo or Mexican peas in bonded warehouses, 5671a. BY-STANDERS Grand jury, not to be summoned for, 1259. Jurors, 1257. Persons appointed to execute process un- der civil rights laws may summon, 3937. CABARETS - - Internal revenue tax on admissions to, 6309%a, 6309% c. [References are to sections, except where otherwise indicated.] CABINET OFFICERS - See the specific titles, as Attorney-Gen- eral, etc. CABLE CARS - cºins mails, 7431a, 7431aa, Appendix p. CABLE LINES See Sºwbºarine Cables. Alaska, estimates for extensions, 6704. Regulation as common carriers, 8563. Submarine cables, 10087-10099. CABLES Censorship 31.15%b (d). CAHDFT ENGINEERS Coast Guard, 84.59%a (2). CADETS WSee Coast Guard ; Midship men. Military Academy, age of appointees, 2239. Appointment, 2230, 2230a. Age of appointees, 2239. As Second lieutenant after dis- charge, 2246a. In advance, 2238. Time for, 2236. Aº service, computation of length, 1923. 2308a, of c, o m m u n ic a ti o n S, Articles of War, art. 2. Battalion, 2243. Coast Guard, 8459%a (2). - Commandant, 2206, 2221, 2224, 2225. Commissary and quartermaster for, Subject to, Corps of, part of army, 1717, 1717a. Courts martial, 2247. Hazing, 2248. Credit for service, 2619. Deficients, 2246-2246b. - Discharge, appointment lieutenant, 2246a. District of Columbia, 2230. Duties, 2244. Encampment, 2243. Engagement for service, 2242. Examination of candidates, 2237, 2240. Filipinos, 2234, 2234a. - Eligibility for commission in Phil- ippine Scouts, 2234. Pay, 2234. Graduates, ineligible to be professors, as second etc., , within two years, 2227. Pay, 2091. - Promotion, 1840, 1841, 1914, 1920, 1920a. - Hazing, dismissal or suspension, 2248. Mileage, 2133. - Number, 2230–2230b. District of Columbia, 2230. Filipinos, 2234. At large, 2230, 2230a. Porto Rico, 2230. - Oath, 2241. 2266. Pay, 2265, Filipinos, 2234. Graduates, 2091. Mileage, 2133. Porto Rico, 2230. Promotion . of graduates, 1914, 1920, 1920a. - - To corps of engineers, 1840, 1841. quartermaster and commissary for, Rations, 2267. - Re-examination, 2246b. Sunday, studies on, 22.45. Supplies, 2218. Time for admission, 2236. Training, 2243. Travelling expenses, 2268. Naval academy, appointment as commis- sioned officer in marine corps not to be made until after graduation of class, 2911a. 2308a, Articles of war, art. 2. Title changed to Midshipmen, 2719. Ocean mail vessels, 7537. Revenue-cutter service, 84591% b (31). Number, 8459%b (31–33). Pay, 8459% b(34, 35). Qualifications, 8459%b(31). Statement of in annual 6693. CAHAWBA RIVER Alabama, free from toll, 9836. CALAVERAS BIG TREE NATIONAL FOREST -- Acquisition of title to lands, 5139. subject to, examinations, estimates, GENERAL INIDEX IPage 2000] [References are to sections, except where otherwise indicated.] CALAVIERAS BIG TREE, NATIONAL FOREST (Cont'd) Pºpº. for which held and administer- eCl, & - Reimpursement of owners of land, 5139. CAHLENIDAR Court of customs appeals, 1190. GALR FORNIA See California Débris Commission. Army insane may be cared for in State asylum, 9305. Calaveras Big Tree National Forest, 5139. Desert lands, reclamation, 4700–4708. . Sale, 4676. Distriº, attorney for Southern District, Saiary, 1438. District clerks, 1405. District court, districts, 1057. Jurisdiction, offenses relating to fur- bearing animals in Alaska, 8851. Prosecutions relating to fur seal and sea otter, 8845. Terms, 1057. District judges, northern district, 968. Southern district, 968. Forest reserves, creation except by act of Congress prohibited, 4524. Homestead entries, 5163. Sale of timber, 5144. * Geodetic surveys may be continued, 4821. Hydraulic mining, injuries to navigability of rivers prohibited, 10007. Permissible if without injury to nav- igability of rivers, 10008. Irrigation projects, changing levels of lakes for, 4749. Judicial districts, 1057. Jurors, fees and mileage, 1453. Lakes, changing levels for irrigation proj- ects, 4749. Land titles, alteration, etc., of instru- ments relating to, punishment, 51.17-5119. Marshal, Southern District, 1342. Nº. training station, establishment, Permits for prospecting and leases of lands containing potassium, 4640e- 4640k. - Public lands, 4730-4708. º Forest reserves, 4524, 5139, 5144, 5163. Non-mineral, etc., enlarged entries, 4563-4567, 4568a, 4568b. sºgs. restrictions on grants for, desert lands, reclamation, Selections by state, confirmation of, 4878 Surveyed lands certified to, 4879, 4880, 4964. Surveys, 4817, 4821-4823. Swamp lands, 4958, 4964. Timber cutting, 4992. 'Reclamation of arid lands by United States, 4700–4708. Registers and receivers, fees and commis- Sions, 4473. Rights of way through public lands, etc., for electrical plants, etc., 4946. Sequoia National Park, 5207, 5208. Surveyor-general for, 4435, 4440, 4441. Books and records, 4464. Authentication of copies, 4464. Transcripts of, 4458. Seal, 4458. Surveys of public lands, area of divisions, etc., 4822. Compensation for, 4817, 4823. Geodetic method, 4821. Rºnsular mode, departure from, 2. Swamp lands, limitation upon grants to, Provisions concerning certified to, 4964. Terms of court, 1057. Timber, cutting on public lands, 4992. sº of timber in national forests, 144. Witnesses, fees and mileage,’ 1453. CALHFORNHA DióBRIS COMMISSION Hydraulic mining, see Hydraulic Min- 4??, g. General provisions, 10004 to 10030. Advances by mine owners for construc- tion of dams, etc., 10026. Payment into treasury, 10026. Tefund of, 10026. Affidavits may be filed by petitioners or contestants, 10016. Appropriation for expenses, 10029. swamp-lands CALIFORNHA DEBRIS COMMISSION (Cont'd) Common dumping grounds. allotment of expenses, 10020. Petitions for, 10015. Contracts to require State to pay one- half of expenses, 10030. Co-operation with state authorities, 10028. Creation, 10004. Débris ºd, construction of dams, etc., Expenditure of, 10027. Débris, limitation on quantity washed away, 10021. Surrender to United States right to regulate, 10014. Dredger may be accepted from State for use of, 10030. Duties, 10008, 10010. Estimates of cost of public works, 10011. Examination of hydraulic mines, etc., 10009, 10016, 10024. Forfeiture of rights for violation of Or- ders, 10023. Hearings, 10016. Hydraulic mining permitted if without injury to navigability of rivers, 10008, Injury to works and navigation, penalty, 10026. Jurisdiction, 10007. * Maps may be filed by petitioners or con- testants, 10016. Members, appointment, 10004. Compensation, 10005. Eligibility, 10004. Mileage, 10006. Number, 10004. Vacancies how filled, 10004. Mileage of Officers, 10006. Notice, forfeiture of rights, 10023. Petitions, 10016. Public lands required, 10025. Observation of condition of navigable channels, 10010. Offices, 10005. Orders, enforcement of, 10023. Forfeiture of rights for violation, 10028. * Method of mining, 10017. Modification, 10022. Permitting mining without restraining works, etc., 10017 Revocation, 10022. Organization, 10005. - Permission to commence mining, 10018. Conditions, 10019. Modification or revocation of, 10022. Petitions by hydraulic miners, 10013. Common dumping grounds, 10015. Instrument to accompany, 10014. Plans, contestants may file, 10016. Improvement of navigability of rivers, etc., 10008. Petitioners may file, 10016. Works required by orders, 10018. Powers, 10004. Publication of notices of petitions, 10016. Public lands, etc., may be used, 10025. Regulations. to be adopted, 10005. Reports, conference with State Commis-" sion, 10028. Contents, 10011. Examination of mines, 10024. Restraining works, construction of, 10029. Manner of construction, 10030. Where to be constructed, 10020. State liable for one-half of expenses, 10030. Supervision of works required by orders, 10018. Surveys, 10008-10010. Ascertainment of effects of hydraulic mining, 10010. Sites for débris, etc., 10009. Taxes on gross proceeds of hydraulic mines, 10017, 10027. Vacancies how filled, 10004. CAMIDEN Assistant Collector of Customs to enroll and license vessels for coasting—trade and fisheries, 8090. CAMIERAS Internal revenue tax on, 6309%a, 6309%b. Payment, Vendees and lessees in cer- tain cases, 6348b. When held or intended for sale, 6309%.c. - CAMP 2-’ See T'raining Camps. Absence from without leave, punishment, 2308a, art. 61. Alien enemies not to approach within one-half mile of, 7615. False alarms, 2308a, art. 75. Obtaining information concerning, 102.12a. Retainers of, Subject to rules of war, 2308a, art. 2(d). Violence to persons bringing provisions to, 2308a, art. 88. CAM{PAHGN EXPENSES ACT Text of act, 188–198. CAMP-EQUIPAGE Military instruction camps, issuance of, 1963d. Report of issue, 1969. CAM{PHENE Packing for shipment on steam vessels, penalties, 8245–8246. sº passenger vessels not to carry, 242. º: PUB][,][CITY CAMP SITES Leases of lands for, to persons holding permits to prospect for potassium, 4640f. CANADA - See Interºvational Waterways Comºrºis- Sion ; Northern, Northeastern, and North/western Frontiers. - Assistance to Wrecked or disabled vessels in United States Waters, 7988. Bonded privileges for exportations to British Columbia, etc., extended to, 5694. Boundaries, advances from appropria- tions to chiefs of parties, 679.5a. Commissioner to account for advances from appropriation, 67958. Consular fees not to be collected from ves- sels touching at ports of, 7817. Customs duties on products, 5326. Grain brought to be ground, free, 5320. Fees from vessels touching at ports of abolished, 7817, 8139. Grain brought from to be ground, free of duties, 5320. - International commission for investiga- tion of waters adjacent to, 9.984. Landing stations for alien passengers from, 4289%ll. Mail, carrying through United States, 7541. Manifests, merchandise in transport to United States exempt, 883. Merchandise from, in Steamers On Lake Champlain, where may be landed, 5840. Migratory birds, etc., importation, 8837d, Appendix p. 1795. Mining rights in Alaska of native born citizens in Canada, 5048. Patents, exchange of copies, 757a. Record of alien residents leaving through Canada, 4289%g. Vessels, assistance to wrecked or dis- abled in United States waters, 7988. Canadian on Great Lakes, subject to annual tonnage duties, 7816. Fees from vessels touching in abolish- ed, 7817, 8139. * Lºgºs and unlading of vessels from, CANARDIAN BOUNDARY ACT See International Waterways Coimºmis- SiO71. Text of act, 9984. {CANAH, ACT See Carvals. Text of act, 6826, 10031. CANAH, BOATS Employés not entitled to benefit from marine-hospital fund, 9191. Exempt from regulations for vessels in domestic trade, 8145. - Inspection of hulls and equipment, 8187. ſlicense, not subject to libel for wages, Lights, Great Lakes, 7920. Red River of the North and rivers emptying into Gulf of Mexico, 7948. Rules by supervising inspectors, 7906. St. Lawrence River, 7917. Rules for preventing collisions, Lakes, 7920. Red River of the North and rivers emptying into Gulf of Mexico, 7948. St. Lawrence River, 79.17. Supervising inspectors, 7906. Great GENERAL INDEX [Page 2001 I [References are to sections, except where otherwise indicated.] CANAL COMPANIES Cape Cod Canal, acquirement by Unit- ed States, 9881b. Chesapeake and Delaware Canal, acquire- ment by United States, 9881a. Enemy aliens not to approach within one hundred yards of, 7615. Obtaining information concerning, 102.12a. Right of way, damages to settlers, 4935. Irrigation purposes through public lands, 4934. Reservoir sites, 4699. Map, filing and approval, 4935. Water transportation, domestic pur- poses or development of power, 4938. CANALS - See Bridges ; Companies ; Canal Commission ; Rights of Way : Canal ; Tolls. Obstruction of navigation, see Navig- able Waters. Alteration, etc., lawful, 99.10. Bridges, 9961–9975. California Débris struct, 10029. Desert lands, reservations, 4696. District of Columbia, part of park Sys– - tem and under jurisdiction of Chief of engineers, 3358a. Regulations for Occupancy of , 9952. Illinois and Mississippi Canal, bridges over, 9.972. Lake Washington to Puget Sound, 9904– 99.06. Louisville and Portland canal, expenses how paid, 9859. Secretary of Treasury to assume man- agement of, 9858. Mails, contracts for carrying, 7460. Obstruction of navigation, 9910–9946. Panama Canal, 10031-10054. Port Arthur ship canal, United States, 5339. Post-roads when, 7456. Reports as to improvements of, 28.134. Rights of way, see Rights of Way. St. Mary’s Falls, 9880. Secretary of Interior to co-operate with irrigation districts, etc., for Construc- tion or use, 4739. Structures not to be constructed in with- out approval, 99.10. Tolls, 9837–9860. - United States, expenses how paid, 9860. Reconstruction of, modification plans, 9860. Regulations for use of, 9861. Enforcement of, 9862. CANAL ZONE Isthmian Canal Com/mission, see Isth- 77vian Caºval Com/mission ; Paºvanva, Oa?val. - Panama, railroad, see Panama Rail- Tro Cld. General provisions, 10031-10054. - Acknowledgment of deeds, validity in ter- ritories and District of Columbia, 3261. Acquisition, additional land, 10037. Right of way, 10031. Title to lands within, 10039. Adjunct of canal, 10043. Appointments, Assistant to District Judge, 10044. Canal Boats : Canal Canal Zone ; Isthmian Parvaº, a Ca/?val , St. Mary’s Falls without approval un- Commission to con- conveyance to of Clerk of District Court, 10044. Constable, 10043. District attorney, 10044. District judge, 10044. Magistrates, 10043. Notaries public, 10043. Officials, 10040. - Army, detail or detachment of officers to, 1999C. - Officers serving in, not required to pay rent, 2118d, Appendix p. 1758. Term of service, limitation, 1999 d. To have control during war, 100.48. Automobile taxation, 10051c. Breach of peace prohibited, 100516. Canal, 10031-10054. Civil government, 10043. Consolidation of accounting and disburs- ing functions of with Panama. Railroad, 10054a. Constables, appointment, 10043. Bond, 10043. Compensation, 10043. Oath, 10043. COMP.S.T.’18—126 CANAL ZONE (Cont'd) Constables (Cont'd) Qualification, 10043. Rules governing, 10043. Term of Office, 10043. Courts, clerks and ministerial officers, duties, 10045. Discontinuance of 10045. - District court, 10041, 10044-10046. Magistrates’ courts, 10043, 10045. Practice and procedure in existing courts continued, 100.45. Supreme Court, 10045. Customs officers, fees, 10051.h. Deposit money orders, interest, disposi- tion of, 100519. Hate, 10051f. Deputy shipping commissioner, 10051 i. Designation of, 10037. Disorderly conduct prohibited, 100516. District attorney, appointment, 10044. Duties, 10044. Powers under espionage act, 10514b. Residence, 10044. Restrictions upon, 10044. Salary, 10044. Term of office, 10044. District court, 10041, 10044-10046. Appeals from, 10045. Clerk, 10044, 10045. Divisions, 10044. Establishment, 10044. Judge, 100 £4. Jurisdiction, 10044. Condemnation of property intend- ed for export in time of War, 76786–7678k. Military offenses, 10208. Offenses under Trading with Ene- my Act, 31.15%ii. existing courts, Offense under espionage act, 1051.4b. . Suits for damages to vessels, etc., 10041. Practice and procedure, 10045. Rules of practice, 10044. Transfer of records of existing courts, 100.45. -* District judge, absence, etc., who to act, 10044 Appointment, 10044. Appointments by, Clerk, 10044. Assistant, 10044. Leave of absence, 10044. Residence, 10044. Restrictions upon, 10044. Salary, 10044. - Term of office, 10044. Docks, etc., 10042. Exchange of land, 10037. Extradition laws and treaties extended to, 10047. - Fees, customs officers, 10051.h. Government by governor, etc., 10040. Governor, 10040, 10041, 10043, 10048. Appointment, 10040. Appointments by, constables, 10043. Magistrates, 100 #3. Control of zone, 10043. Duties, 10043. Regulation of movement of vessels in time of war, etc., 9959%a-9959%d, 10514a–105.14d. Salary, 10040. assistant, 10044. suits against for damages to vessels, ſ etc., 10041. Term of office, 10040. * War, subject to army officer in time of, 10048. Highway regulations, 10051c. g Reciprocal regulations with Republic of Panama, 10051C. - Immigration laws applicable to persons coming from, 5323. Inapplicable to 428914a. Imports from subject to duties, 5323. g Injuries to canal, etc., unlawful, punish- ment, 10051j. Insane American citizens, transfer to St. Elizabeth’s Hospital, 9304a. Judicial tribunals, 10031. Jurisdiction over, 10031. Land, 10031-10035, 10037, 10039. Acquisition, additional land, 10037. Right of way, 10031. Titles of adverse claimants, 10039. aliens entering, powers, CANAL ZONE (Cont'd) Land (Cont'd) Exchange of, 10037. Leases of, 10032-10034. Survey of, 10035. Laws promulgated by President confirm- ed, 10038. Leases of public lands authorized, 10032. Conditions, 10033. Lands subject to lease, 10033. Reservation of minerals, etc., 10034. Settlement and cultivation, 10032. Legation building, transfer to state de- partment, 6829a. Licenses, motor vehicles, 10051c. Magistrates, appointment, 10043. Bond, 10043. Compensation, 10043. Oath, 10043. Qualifications, 10043. Term of office, 10043. Magistrates’ courts, appeals to district court, 10043. Convicts, disposition, treatment and pardon, 100 °3. Fines, disposition of, 10043. Hearings, times and places of, 10043. Judgments, enforcement, 10043. Jurisdiction, 10043. Practice and procedure, 10045. Rules governing, 10043. Transfer of records of existing courts, 100.45. Marshal, appointment, 10044. Duties, 10044. Residence, 10044. Restrictions upon, 10044. Salary, 10044. Term of office, 10044. Motor vehicle regulations, 10051c. Murder, 10051j. National Defense Act to apply to, 30446. Notariº, public, acknowledgment of deeds, Appointment, 10043. Fees, 10043. Powers and duties, 10043. Seal, 10043. Officials, appointment, 10040. Compensation, 10040. Removal, 10040. - Opium, registration and tax, act applica- ble to, 6287h. President to make executive orders to carry act into effect, 6287h. Orders promulgated by President confirm- ed, 10038. Ordinances promulgated by President con- firmed, 10038. Panama Canal Act, right to amend or repeal, 10049. * Passage of persons through, regulations, 10051j. Penalties, violation of regulations, 10051e, 10051j. Police regulations, 10031, 100516. President, control over, regulations, etc., confirmed, 10038. - Radio-communication, 10042. Receipts, use of, 10042. Records, etc., of existing courts, transfer of, 100.45. Regulations, highways, 10051c. Motor vehicles, 10051c. Passage of persons through, 10051j. Penalties for violations, 10051e, 10051j. Police, 10031. Police power, 10051 d. President’s, confirmation of, 10038. Right to remain on zone, punishment for violation, 10051j. Sanitary, 10031, 10051a. Taxation, 10051b. Removal of officials, 10030. Repeal of inconsistent acts, etc., 10051k. Republic of Panama, reciprocal regula- tions regarding highways with, 10051c. Reservation of right to amend or repeal Panama Canal Act, 10049. - - Salaries, constables, 10043. District attorney, 10044. District judge, 10044. Governor, 10040. Magistrates, 10043. Marshal, 10044. . Officers, etc., 10040. Sanitary regulations, 10031, 10051a. how prescribed, GENERAL INDEX CANAL ZONE (Cont'd) Seamen, laws of the United States ap- plicable to, 10051i. Seizure of enemy vessels, etc., 8146rr, 8146s. Shipping commissioner, powers, 10051 i. Subdivisions, 10043. - - Supreme Court, temporary continuance of, 100.45. Survey of lands, 10035. Taxes, automobiles, 10051c. Regulations, 10051b. Territory, area included, 10037. Term includes, 88.18. TJnited States territory for certain purposes, 10047. & Toro Point Light, payments for prohibit- ed., 10050. Towns, 10043. “United States,” excludes, 4289%a. Includes, 3115/16a, 7628h, 10212h”/16, 10514a. Wharves, etc., 10042. Wireless telegraphy, 10042. CAN CELLATION e Assignºnent of patents for invention, See Pate??ts. e Award by Employes’ Cornpe"?.SCLtio?! Com/mission, see Eºnployes’ Compen- sation Act. * Bonds and other obligations of United States, see United States Bonds. - Certificate of residence of Chinese, See China-Chinese. Contracts to carry mails, see Postal Service. Internal revenate stamps, see Internal Revenue, and the titles of the spe- cific articles on which taayes are int- posed. National Baºks. Naturalization certificates, see Natw- Talizatio??. - Patents for invention, see Patents. ... Patents to public lands, see Public Lands. Postage stamps, see Postage. Stanmps, see Internal Rever!!!e. º United States notes, etc., see United States Notes. - Licenses for use of patents, trademarks or copyrights for enemy or ally of eEye- my, 31.15% ee(e). bank notes, see National Permits, purchase of alcohol for scien- tific, etc., purposes in Alaska, 3643gg. - To prospect for potassium, 4640ff. Transportation of alcohol to Alas- ka, 3643dd. * Prescriptions for sale of liquors in DiS- trict of Columbia, 3421%bb. CANCELLING MACHINES Contracts for rental, 7262, 7263. CANNERHES . See Child Labor. CANNING COMPANIES See Meat Inspection. W CANNING ESTABILISHIMIENTS See Meat Inspectio’īv. Transportation of condemned carcasses, etc., penalty, 8715. CANTEENS Army, intoxicating liquors prohibited, 1990. CANTON - |United States court for China, deputy clerk, 7694. * Sessions, 7687. CANYONS Rights of way in Alaska, 5084. CAPE CORD CAN AFL Acquisition by United States, 9881b. CAPIAS Fees of marshals, 1386. Supreme Court marshal, CAPITAL Porto Rico, 3803b. CAPITAL ISSUES COMMITTEE Amendment, etc., of act relating to, 31.15%q. Appropriation for, 31.15%mm. Determination of time of effective opera- tion of provisions relating to, 31.15% nn. Employés, 31.15%l. - Expenses, 31.15%ll. Members, 31.15%kk. Interest prohibiting participation in transactions of committee, 31.15%kk. Oath of office, 31.15%kk. 1393. IPage 2002] CAPITAL ISSUES COMMITTEE (Cont'd) Members (Cont'd) Quorum, 31.15%kk. Salaries, 31.15%kk. Terms of office, 31.15%kk. Vacancies in office of, 31.15%kk. Offenses, punishment, 31.15%0. Office furniture, etc., 31.15%ll. Officers, etc., of, 31.15%l. Partial invalidity of act, 31.15%p. Power as to issue of securities, etc., by corporations, etc., 31.15%m. Principal office, 31.15%ll. Prosecution of inquiries outside of Dis- trict of Columbia, 31.15%ll. Reports, 31.15%;n. Securities defined, 31.15%pp. CAPITAL OFFENSIES See Murder ; Treason. Army, compelling surrender, 2308a, art. 76 Corresponding with enemy, 2308a, art. 81 Desertion, 2308a, arts. 58, 59. Disclosing watchword, 2308a, art. T. Disobedience, 2308a, arts. 64, 65. False alarms, 2308a, art. 75. Forcing safeguard, 2308a, art. 78. Misbehavior before enemy, 2308a, art. Mutiny, 2308a, arts. 66, 67. Relieving enemy, 2308a, art. 81. Remission of death sentence, 2308a, - art. 50. . Sedition, 2308a, arts. 66, 67. - Sentence of death, 2308a, art. 43. Suspension of, 2308a, art. 51. Sleeping on post, 2308a, art. 86. Spies, 2308a, art. 82. Striking superior officer, 2308a, arts. 64, 65. Violence to . persons bringing provi- sions, 2308a, art. 88. Bail, 1680. Copy of indictment, etc., to persons indicted, 169 Counsel, right of defense by, 1700. Espionage act, collecting, etc., informa- tion regarding armed forces, etc., 10212b. Indictment, copy delivered to accused, 1699. Limitation upon time for finding, 1707. Necessity (Const. am. 5). Juries, challenges, 1264, 1697. to be delivered 9. Navy, 2965. Sentence of court-martial, confirma- tion, 3023. Determination of, 3019. Place of trial, 1022. Punishment, delivery of body for dissec- tion, 10505. Hanging, 10497. Trial by ministers and consuls of Unit- ed States in certain foreign countries, 7640, 7647, 7648. Venue, 1022. Verdicts, qualified, 10504. Witnesses, compelling attendance, 1700. Writ of error, 1703. CAPITAL STOCK See Capital Issues Committee : Cor- porations ; Federal Reserve Banks : Nation Cºl Boºks. tº Aircraft production corporations, 3115*/s2g, 3115*/32h, Appendix p. 1771. Internal revenue tax on, issues of stock, issue, etc., unstamped, penalty, 6318i, Appendix p. 1779. Issues of stock, record of unstamped, 6318k, Appendix p. 1780. * Unstamped as evidence, 63.18.j, Ap- pendix p. 1780. Sales or transfers of, offenses, punish- ment, 6318i, Appendix p. 1779. | CAPITATION TAXES See Direct T'a,03es. (CAPITOL See Architect of Capitol ; Public Buildings and Grounds ; Seat of Govern,777, e77t. Superintendent of capitol building and grounds, see Superintendents. Advertisements on grounds prohibited, 3396. Apparatus transferred to other branches, 3380 Art, private exhibitions prohibited, 3387, 3388, 3389. Works of, accepted for, 3390. Building, protection of, 3393, 3414, 3415. Paintings privately owned not to [References are to sections, except where otherwise indicated.] CAPITOL (Cont'd) - chang; approval of Congress essential, 3370 Estimates for changes in grounds, 3381. Concerts on grounds, 3405. Depredations on grounds, arrests, 3401. Enforcement of prohibition, 3402. Jurisdiction and punishment, 3400. Disbursements for, 3372. Documents, models, etc., 3380a. to be moved, Employees to enforce prohibition against depredations, 3402. Enlargement of grounds, 3382. Estimates for changes and improvements in grounds, 3381. - Explosives, discharge upon grounds pro- hibited, 3398, Fire-arms, discharge upon grounds pro- hibited, 3398. . Fire-works, discharge upon grounds pro- hibited, 3398. - Furniture, etc., for, purchase of, 3373. Grounds, advertisements prohibited, 3396. Concerts on, 3405. ‘Depredations on, 3400–3402. Discharge of explosives, etc., prohibit- ed, 3398. Enlargement of, 3382. Estimates for changes and improve- ments, 3381. Injuries to statues, trees, etc., pro- hibited, 3397. - - - Parades upon, prohibited, 3399. Police protection, 3414, 3415. Regulations for use, suspension of, 3403, 3404. Rental of land purchased for, 3382. Roads, obstruction and misuse, 3395. Public travel restricted to, 3394. Sales on, prohibited, 3396. Suspension of regulations, 3403, 3404. Use as playgrounds restricted, 3415. House of Representatives, furniture for, 3379 ventiation, heating and lighting, 3376, 3377. Improvements, estimates for grounds, 3381 Supervision of, 3373. Injuries to statues, trees, etc., prohibited, Intoxicating liquors, sale in building pro- hibited, 3391. - Laws of District of Columbia, extended to Square, 3392. Meters, 3375. r be ex- hibited in, 3387. Parades upon grounds prohibited, 3399. Police, additional number, 3408a, Appen- dix p. 1775. Appointment, 3406, 3407. Potanical garden supervised by, 3416. Capitol building and grounds protect- ed by, 3414, 3415. Number, 3407, 3408. Pay, 3407, 3408. While suspended, 3410. Suspension, 3409. Uniforms, 3411-3413. Power plant, 3385. Preservation of peace, 3393. Pºrty statement made annually, 3418, 19. Protection of building and grounds, 3393, 3414, 3415. Public travel and occupancy restricted to roads, etc., 3394. Repairs, supervision by Superintendent, 3373. - Roads on grounds, obstruction and mis- use, 3395. Public travel restricted to, 3394. Sales on grounds prohibited, 3396. Senate, ventilating and heating, 3378. Statuary hall, 3386. Statuary privately owned not to be exhib- ited in, 3387. Suspension of regulations grounds, 3403, 3404. CAPTAIN COMMAND ANT Coast Guard, 8459%a.(2). r $ Reports of expenditures and opera- tions, 8459%a (5). Temporary promºtion, 84.59%a (2%), Appendly p. 1793. Duties imposed on Coast Guard to be ad- ministered by, 8459%a (2). for use of GENERAL INDEX IPage 2003] [References are to sections, except where otherwise indicated.] CAPTAINS See Masters of Vessels. - Army, artillery, 1731, 1731a, 1732, 1736a. Cavalry, 1718. Coast artillery, 1731, 1731a, 1732. Dental corps, 1833a. Detached for service with national guard, part of regular army, 1717a. Engineers corps, 1840, 1841, 1842a. - Field artillery, 1736a. General Staff Corps, 1762a. Infantry, 1738, 1738a. Judge advocates, detail judge advocate, 1775. Medical corps, 1807, 1808. Promotion, 1807a. Rank, 1815a. Officers’ reserve corps, 1881a. Ordnance Department, 1848. Pay, 2089, 2090. Philippine scouts, 1741, 1742. Retirement, 2049a. Porto Rico infantry, 1750, 1750a, 1753a. Promotion to another branch, 1899C. Quartermasters Corps or Department, 1779, 1786. - Quarters, 2118-2118C. Signal Corps, 1860. Transfer to another branch, 1899C. Volunteers, age limit, 2042. Coast Guard, 8459%a (2). National guard, detached for service with, part of regular army, 1717a. Pay, 3044u. Navy, 2470. - Increase of number, 26.97e. Marine Corps, 2901, 2911, 2913, 2917. Advancement, examination, 2924a. Increase in number, 2918b. Loss of numbers in lieu of suspen- sion from promotion on failure to pass examination, 2904a. Mode of promotion to grade of, 26.97a, 2697d, 26.97e. - - Number, 2474, 2482. Number of vacancies in grade to be furnished board of naval officers, 2697d. - Pay, 2814, 2817. Pay on retirement, 2697 h. Promotion, requirement of sea service, 2697.h. - Rank, 2660. Retirement, 2636, 2637. CAPTAINS OF ENGINEERs Coast Guard, 8459%a (2). CAPTIVES Indian moneys withheld until surrender of, 4086. CAPTURED OR ABANDONED PROP- ERTY See Captures ; Prize. Congress, power to make rules concerning (Const, art. 1, § 8, cl. 11). 1Dealing in prohibited, 2308a, art. 80. Payment for horses, etc., lost in military service, 6396-6400. Guardian of minor owner, 6399. Horses captured, 6397. Owner of horse lost, 6400. Prize, 8393-8426. Property used / in aid of insurrection, 10150, 10151, 10153, 10.155. Proceedings to condemn, 10151, 10153. Trade in by officers prohibited, 10.155. Rules, power of Congress to make (Const. art. 1, § 8, cl. 11). CAPTUFES See Captured and Albandoned. Property. Congress, power to make rules concern- ing (Const. art. 1, § 8, cl. 11). Nº. failure to make punishment, 2965 Prize, 8393–8426. Recaptures, 8426. Property used in aid of insurrection, 101.50. Rules, power of Congress (Const. art. 1, 8, cl. 11), CARBONATED WATERS Internal revenue tax on, amount, 6161%a. as acting age limit, Payment, Vendee or lessee in cer– tain cases, 6348b. Returns of manufacturers, etc., 6161%b. CARBONIC ACTD GAS Internal revenue tax on, 616.1% c. Payment, vendee or lessee in cer- tain cases, 6348b. CARBONIC ACID GAS (Cont'd) º extinguish fires on steam vessels, CARD INDEXES Agricultural Department publications, Sale of copies, 829, 830, 830a. Library of Congress, sale of copies, 151. CARDS See Playing Cards. Postal cards, see Postage. CAREY ACT See Irrigation. Reclamation of desert lands, 4685. CAR GADORS See Corporals. Field artillery, 1736a. (CARGO - Articles separated from, proceedings, 5772. Injuring cargo of vessels engaged in foreign commerce, 10483a. Jurisdiction of Secretary of Treasury, transferred to Secretary of Commerce, 859. Manifests, 5503–5513. Vessels in distress, reloading, 5586. Storage and sale, 5584. Variance between report and delivery, 5585. War risk insurance, 514b. CARLHSILE ACT See Internal Reven we and cross-refer- ences therewºlder. Internal Revenue, 5651, 5652, 5972, 5997, 5999, 6026, 6028, 6034, 6036, 6057, 6068, 6091, 6092, 6096, 6124, 6125. CARMACK AMENDMENT TO HEP- BURN ACT See Common Carriers. - Interstate Commerce, 8604a, 8604a.a. CARNAT, KNOWLEDGE See Rape. CARPENTERS See Chief Carpenters. Agricultural Department, salary, 793. Certificates by, for registry of vessels, 7724. Coast and Geodetic Survey, salaries, 856ia. Fleet naval reserve, commissions as, 2900% b(8). Navy, appointment, 2554. Chief, promotion, pay, 2708a. Number, 2554. Pay, 2708, 2816. Promotion, 2708, 2711. Rank, 2708. Warrant officers, 2555. Post-Office Department, salary, assistant, 72 (2. Post-Offices, salaries, 7231. CARRIAGES President, 230. CARRIER PIGEONS Entrapping, etc., pigeons owned by gov- ernment, 10212h.3%-10212h45. CARRIERS See Coºm/mon, Carriers ; Interstate Com- ºmerce ; Interstate Com/merce Com- mission ; Mail Carriers ; Passengers and Passenger Transportation : Rail- Toads; Rights of Way : Towboats 3 Transportation. Regulation of foreign commerce, see Foreign Com/merce. Common carriers to be meant by, 8569. CARRIERS’ ACT See Com/mon, Carriers. Carriage of goods by sea, 8029–8035. CARRYING MAIHL See Mails ; Postmaster-General. | CARS º See Com?no?, Carriers. Investigation of explosions and fires, 31.15%jj. Post-office ears, 7496-7504. Sealing to avoid inspection at first port of arrival, 5814, Breaking seals and locks, penalty, 5817 - 817. Regulations by Secretary of Treasury, 5845. Removal of locks, etc., forfeiture, 5818. Taking to place other than destina- tion, etc., penalty, 5816. - CARTAGE Imports, drugs or food adulterated or misbranded, 8727. Fines covered into treasury, 5795. Insecticides and fungicides, 8775. Mºandise in custody of government, CARTS Purchase for army transportation, 6849. CASEMATE EHLECTRICHANS Army, pay, 2146. | CASHIERS National banks, 9661. Duties, 484. Embezzlement, penalty, 9772. ºf stockholders to be kept by, Oaths, payment of capital stock, 9677. Reports to Comptroller of Cur- rency, 9774. Statement as to organization, 9710. Reports to Comptroller, 9776. Post-offices, 7231. *:::: second and third class bonds, Public printer’s office, 6983. CASHIERS’ CHECK Accompanying bid for supplies for Indian service, 4042. CASKS Customs duties, 5291ſ171). - Distilled spirits drawn from receiving cis- terns, 6105-6107. Bºº With inspection marks on, Changing stamps, etc., 6107. Fºment of mark, brand or stamp, Selling with inspection marks on, 6106. Transporting empty, with brands, etc., On, 6105. Use for other spirits, 6107. Impoº, Spirits, change for exportation, Marking, 5577, 5578. CASUALTY INSURANCE Internal revenue tax on policies, 6309%a, 6309%b. - - CATALOGUES Copyright' entries, notice of deposited ar- ticles to be destroyed, 9581. Coſpyrights, 9577. Distribution and sale, 9578. Government publications, 7048. CATTLE See Animals and Animal Industry. Census to include enumeration of Cattle slaughtered for food, 4387 Indians, removal from Indian country, penalty, 4136. Sale by agents when not required, 4120. Inspection, transportation, etc., 8681-8715. CATTLE CONTAGIOUS DISEASHES ACT See Animals and Animal Industry. Text of act, 8698-8705, 8785, 10230. CATTLE INSPECTION ACT 'See Animals and Animal Industry. Text of act, 8709-87.14. CAVALRY Band, corporal, 1718. Headquarters troop, 1718. Sergeant, 1718. Brigades, composition, 1758a. Chaplains, 1868, 1868a. Colonels, increase in, 1899b. Colored men, 1723. Detail of sergeants to national guard, 3074a. Dismounted, 1724. Divisions, composition, 1758a. Enlisted men, pay, 2144, 2144a. Headquarters troop, assistant band lead- er, 1718. Band leader, 1718. Drum majors, 1718. Horses, payment for lost, 6390. IPurchase of, 6848. 6848a, Appendix p. 1783. Limitation on number of appointments of increased officers, 1991d. Machine gun companies for, 2044a. Military academy, army service, 2273. Instructor, 2206. Militia, equipment of, 3062.a. IExisting state cavalry to remain part of, 3044C. - Musicians, 1718. GENERAL INDEX [Page 2004] [References are to sections, except where otherwise indicated.] JAVALRY (Cont'd) Non-commissioned staff officers, pay, 2149, 2153. Number of regiments, 1717, 1717a. Pay, enlisted men, 2144, 2144a. • Ngºommissioned staff officers, 2149, 2153. Payment for horses lost in military Serv- ice, 6390 Provisional organization into field ar- tillery or infantry, 1718a. Purchase of horses, 6848. Regiments, armed and drilled as infan- try, 1724. Bugler, 1718. Composition of, 1718. THorse-shoers, 1718. Mess sergeant, 1718. Number in army, 1717, 1717s Stable sergeant, 1718. Supply sergeant, 1718. Veterinary corps, assignment to, 1724a. School of instruction, 2016. Sergeant bugler, 1718. Staff officers, pay, 2149, 2153. Troops, 1718. Bugler, 1718. Horse-shoers, 1718. Machine gun mechanic, 1718. Stable sergeant, 1718. - Vacancies among additional colonels not to be filled, 1899b. Veterinary corps, assignment to, 1724a. CEDED INDIAN RESERVATIONS See Indian Reservatio??.S. General provisions, 5013-5019. CEMENT Customs duties on, 5291074). CEMETERIES Board of managers of Home for Disabled Volunteers to provide headstones, 9283. Monuments for deceased congressmen, 55. National, 9362-9378. - Accounts relating to, examination of by Auditor, 420. Antjetam battle field, superintendent, 9368. - Approaches, restriction on expendi- tures for, 9370. sº - 9370, Appendix p. 1798. Arlington, superintendent’s 9367. Army nurses may be buried in, 9373. Care, and maintenance of, 9369. Defacement of grave-stones, etc., penalty, 9376. - Estimates for, 9369. Fences, how constructed, 9371. Free burial, 9373. Graves, how marked, 9371. EHeadstones to be of durable Stone, 9371. Honorable discharge sufficient author- ity for interment in, 9373. Inclosure to be of stone or iron, 9371. Jurisdiction of United States, 9364, 9377. Land, appraisement of, 9363. Appropriation of, 9362. Payment of appraised value, 9364. Purchase of, 9362. Mexico City, 9374. Regulations, 9375. Porter’s lodges, 9365. Railroads not to encroach upon roads, etc., 9378. 9378, Appendix p. 1798. Register of burials to be kept, 9371. Revenue Cutter Officers and men to be buried in, 8459%b (43). Superintendents, 9365–9376. Antietam battlefield, 9368. 9368, Appendix p. 1798. Appointment, 9365. Arlington, salary, 9367. Arrest of persons injuring ceme- tery, 9376. - Eligibility, 9366. Fuel to be furnished to, 9376. Quarters to be furnished to, 9367. Salaries, 9367 Who may be buried in, 9373. Private, headstones for soldiers’ 9372, Public lands, entries by cities and towns, 4802 salary, trees, graves, Sale of public lands for, 4765. Transfers by homestead settler, 4535. CEMETERY ASSOCIATIONS Income tax, exemptions, 6336/k[a]. CENSORSHIP Communications by mail, etc., 31.15%b (d). Mails, 7546a, Appendix p. 1788. CEN SUS See Special Agents : Supervisors. Director of, see Director of the Census. Enſuinerators, see Emſwºmerators of the Ce??Sws. Interpreters, see Interpreters. General provisions, 4385-4434. Accounts, settlement of, 419–421. Appeals from decisions of Officers to Sec- retary of Commerce, 866. Apportionment, direct taxes (Const. art. 1, § 9, cl. 4). Assistant director during census period, 915. cable, radio, Bulletins, printing and distribution, 4415. Bureau, division of cotton and tobacco statistics, 44.20a. Employés divulging information fur- nished for cotton seed Statistics an offense, 4434b. Capitation and direct taxes apportioned according to (Const. art. 1, § 9, cl. 4). Chief clerk as acting director, 913, 916. Clerks, oaths, 4405. Receiving compensation for employ- ment of as offense, 4407 Copies of agriculture returns, population, | etc., to be furnished to governor, courts of record, etc., cost, 4418. Cotton and tobacco statistics, 913a, 4429. Decennial census period, 4386. Director, see Director of the Census. Direct taxes, apportionment according to (Const. art. 1, § 9, cl. 4). . Division of cotton and tobacco statistics, 913a. Special agents, compensation, 913b. Employés, false certificate or fictitious return, 4408. False swearing, 4408. Information, publishing or communi- cating, 4408. e Neglect or refusal to perform duties, 4408. Oaths, 4405. Receiving compensation for employ- ment, 4407. Enumeration districts, 4397. Boundaries of, 4397. Enumerators, see Enumerators of Census. Examination, appointees and employés without reference to political party af- filiations, 4405. Indians, number of school children, School houses, etc., 4164. Information, cotton, use only for statisti- cal purposes, penalty, 4431. Other departments or offices, 4416. Owners, etc., of manufacturing estab- lishments, etc., furnishing use Only for statistical purposes, 4410, 4411. Tobacco, use for statistical purposes only, 4426. - Interpreters, see Interpreters. Mail-matter relating to, free transmis- sion, 7376. - Offenses, divulging information as to cot- ton, 4431. - Enforcement of fines by indictment or information, 4412. - Failure to report quantities of to- bacco, etc., 4423. False swearing, 4408. Reports of tobacco statistics, 4424. Falsifying, certificate or return, 4408. Officers or employés refusing to per- form duties, 4408. - Publishing or communicating infor- mation, 4408. Receiving compensation for appoint- ment or employment of officers, agents, etc., 4407. Refusal to answer questions, 4409. Owners or officers, etc., of manu- facturing establishments, etc., 4410. Refusal to furnish information as to cotton, 4432. Office, additional clerks’ and employés during census period, 918. Additional officers during census per riod, 915. CENSUS (Cont'd) Office (Cont'd) Charge of director, 911. Employés to be citizens, 4403. Employment of employés in instead of Special agents, 4402. Estimates for, 6728. Examination of additional clerks and employés, 919. Official mail-matter, free transmission, 7376. Permanent, 909. Printing office, abolishment, 4414. Public printer may abolish, 6987. |Unaffected by consolidation of de- partment printing offices, 6987. Records of previous censuses trans- ferred to, 920. - Time for permanent organization, 910. Transferred to Department of Com- merce, 857, 859. Officers, clerks and employés, 913, 914. Civil service laws applicable to, 914. Salary during census period, 917. Owners, officers, etc., of manufacturing establishments to answer questions, Persons required to answer question, re- fusal, penalty, 4409. Printing office abolished, 4414. Publication, data furnished by any par- ticular establishment not to be pub- lished so it can be identified, 4411. Names returned in First Census, sales of publications, report, 4420. Repeal of laws, 4419. Relating to cotton statistics, 4434. Reports, printing and distribution, 7043. Schedules, contents, 4387. Special agents, see Special Agents. Statistics, agriculture, 4385, 4387, 4391. Certified copies of agriculture, returns to be furnished to governors, courts of record, etc., cost, 4418. Compilation of information as to cot- ton production, etc., in foreign coun- try, abstract of information to be published, 4433. Co-operation of state authorities as to vital statistics, 4392. Cotton artd tobacco, 913a. Co-Operation of Commissioner of Internal Revenue with Director Of the Census, 4427. * Information to be used only for statistical purposes, 4426. Owners and officers of ginner- ies, factories, etc., to furnish in- formation, demand, notice, pen- alty, 4432. Person defined, 4425. Production of, 4391. Publication of reports, 4428, 4430. Reports, demands for, notice, 4423. * Quantities on hand, exemp- tions, 4421. Tº: of tobacco to be specified, What to show, 4430. Fisheries, etc., 4391. Manufactures, 4385, 4391. What to include, 4387. Mines, 4385. What to include, 4387. Quarries, 4385. What to include, 4387. Schedules, contents, 4387. Relating to population, natural or mother tongue of persons of for- eign birth, 4388. Special statistics, collection of decen- nially, 4389. Relative to agriculture, manufac- tures, fisheries, etc., 4389. . Special agents to procure, 4389. Vital statistics, 4390. - Supervisors, see Supervisors. Territories, 3434. Thirteenth census, scope of, 4387. Time jº, 4385, 4386; (Const. art. 1, § 2, Cl. 3). Commencement and completion, 4406. Tobacco and cotton statistics, 913a. Co-operation of Commissioner of In- ternal Revenue with Director of the Census as to, 4427. CEN SUS ACT See Census. Text of act, 909-911, 913–919, 3284, 4385- 4391, 4393-4403, 4405-4416, 4418, 4419, 7376. GENERAL INDEX [Page 2005] [References are to sections, except where otherwise indicated.] CENTRAL PACIFIC RAILROAD Claims for transportation services, tlement of, credit on notes, 10064. Settlement of accounts, Army transporta- tion, etc., 10062, 10063. Navy and Marine Corps transporta- tion, 10063. CERTIFICATES See Counterfeiting ; E}vidence. Gold, see Gold. Organization, Ba?vks. Silver, see Silver. Absence from army, 2308a, art. 56. Accounting officer of treasury, claims of colored soldiers, marines, etc., 3969– 3971. Agents of department of agriculture as prima facie evidence, 31.15%d. Amounts due state for co-operative ex- tension work by Agricultural Colleges, 8877f. set- China-Chinese ; See Federal Reserve Appeal in habeas corpus, probable cost. for allowance of, 1293. Appointment of alien property custodian, 31.15% d(e). - Appointment of electoral college, 205. Auditors, balances on accounts, 419–425. Bankruptcy proceedings, 9655. & Birth, on enlistment in navy, 2580a. Burial of army nurses in national ceme- teries, 9373. Cigar manufacturers, 61.97. Collectors of customs, countersigned by naval officers, 5364. Fees, 5393. . Commissioner of general land office, ver- ification of copies, 711, 712. Compensation, clerks, committees House of Representatives, 72. Members of Congress, 49, 50, 52, 72. Of Who are chairmen of committees, I 6 76. Compliance with provision requiring post- ing of immigration laws by steamship companies, etc., 4257. Consular officers, accompanying naval paymaster’s accounts, 6873. Voluntary immigration from oriental countries, 4348. Counsel, good faith of affidavit of preju- dice of judge, 988. Court of customs appeals to Supreme Court of the United States, importance of case for review, 1186. Crew list, 8365. Discharge from army, loss, furnishing du- ºates by Secretary of TWar, 323, 32 T; name of person enlisting, 325, 32 Discharge from navy, duplicate, 620. T; name of person enlisting, Discharge of seamen, 8340. Character, 8342. District clerks, failure to make, misde- meanor, 1329. Removal for failure to make, 1328. Electoral votes, 207–210. Expenses of intercourse with foreign na- tions, 457. - False certificates, consular officer, 10238. Public officers, 10275. - Record of deeds, 10274. Voucher for pension claim, 9079. Federal reserve bank, increase of capital stock, 9789. Organization, 9788(2). Reduction of capital stock, 9790. Federal reserve district, organization, 9788(1). - Foreign built steamships registered in United States, 7712. Forgery, 10193. Having in possession, 10.194. Grantors to furnish official certifications of title to government, 6904. Indemnity certificates of location receiv- able in payment for public lands, 4859. Indians, competency of to remove restric- tioni on alienation of land allotted in severalty, 4226. mºnt insane of District of Columbia, 3.10. Insanity, 93.10, 9325, 9335. Inspection, nursery stock for import, 8752. Salted pork or bacon for export, 8683. Steam-Vessels, 8182. 325, CERTIFICATES (Cont'd) Inspection (Cont'd) Steam-vessels (Cont'd) Certain precautions against fire and condition precedent to grant of, 8240. Entry in of complements of offi- cers and crews, 8225. Number of passengers which may be carried, 8228. Inspector of fuel in District of Columbia, 6838–6840. - e Judge of district court, fees of persons appointed to execute the process, 3941. Inability to preside impartially, 988. Licensed or enrolled vessels engaged in domestic commerce on proceeding On foreign voyage, 8087. Location of private land claims in certain states, 5101–5105. Loss of public property, 439, 440. Marriage, by consular officers, 7632. Recording, 10492. Measurement of vessel, 7726. Meat inspection, 8681(11, 14, 16), 8713. Medal of honor roll, 1941b. Mºal examination of alien immigrant, 4260. Mileage of senators, representatives and delegates, 35, 49, 50, 52. - Military service, 307814 r. National banks, authority to commence business, 9711, 97.12. - Extension of corporate succession, 9667. Organization, 9660. Naturalization, attempting to vote On false certificate, 10247. Engraving, etc., plates for counter- feiting certificates, or selling, etc., such certificates, etc., punishable, 10243. - Possession of blanks for unlawful use punishable, 10245. Tſsing certificate procured by fraud, 10247. Using false certificate, 10245. - Necessity, engravings, etc., in public doc uments, 7173. - Illustrations, etc., in public documents, 717 Printing or binding for departments, etc., 7172. Nonindebtedness, before payment to Of- ficers on discharge from service in army, 1971. Oath taken before secretaries of legations and consular officers, forging of, 3211. Occupancy of town site lots in Oklahoma, 5030. Official character of officer in Interior Department, 679. Payment, final payment for lands within reclarnation projects, 4730, 4732a. Pay rolls, of employés of House of Rep- resentatives, 68–70. Physicians, accompanying claim for com- pensation to injured employé, 8932j. Penalty for false certificate, 9339. Sanity, 9337, 9338. * Postal savings, adjustment of postmas- ter’s claims for losses, 7211. Preservation of by Auditors, 425, 454. Process, etc., Court for China, 7687. Public printer, amounts due from con- gressmen for printing extracts from Congressional Record, etc., 6995. Payment of paper contractor, 7003. Purchase, property sold for non-payment of internal revenue tax, 5919, 5920. Public lands, minimum amount of land purchased, 4770. Separate to two or more purchas- ers, 4770. Qualifications of members of naval re- serve force on completion of course in instruction camp, 2900%a (26). Record, assignment of copyrights, 9566. Vessels, 7780. Change of master or name, 7768.’ Foreign owned vessel, form, 7767. Registration, alien immigrants, 963. Copyrights, 9531. Contents, 9576. Patents, trade-marks and copyrights at Panama–Pacific Exposition, 9525. Trade-marks, 9496. Duration and renewal, 9497. issue from United States CERTIFICATES (Cont'd) Registration (Cont'd) Trade-marks (Cont'd) ISSuance upon pending applica- - tions, 9509. Vessel, carpenter’s certificate, 7724. Forgery of, 7777. Form of, 7736, 7737. Surrender on loss or sale of ves- sels, 7723. Tonnage, 7730. Registry of vessels, consular officer, pro- visional certificates, 7709a. Return, Chinese laborers claiming right to leave and return, 4308, 4327. Salaries, members of Congress, 51. Fºresentatives and delegates elect, School teachers, examination for of knowledge of effect of alcohol and nar- cotics, 9381. Secretary of treasury, fraudulent char- acter of accumulations by corporation, &C., affecting income tax, 6336c. Seizure of vessel, etc., reasonable cause of, 1611. Service of seamen, rating as able seamen, 8363a. Special agents as to selection of allot- ments to Indians in severalty, 4197. Transportation of destitute seaman, 8369. United States, state taxation, 6569. Vessels, signatures to, 8081. - - Water rights certificate, 4728, 4729, 4732a. CERTIFICATES OF DEPOSIT Cost of Surveys, railroad grants, 4888. By settlers, 4814. Louisiana, 4815. Gold coin and bullion, 6564-6567. Payment for bullion in coin certifi- Cates, 6513, 6514. Imitating or printing advertisement there- on, 10347. National banks, penalty for issuing with- Out authority, 9772. Obligation or other security of the Unit- ed States includes, 10317. Outstanding for three years, 480–482. Stocks, bonds, etc., held in trust for In- dian tribes, 4675. CERTIFICATES OF INDEBTEDNESS Amount, 6829ee, 6829ii, 6829kk. Appropriations to pay expenses of issue, etc., 6829n, 1. Circulation privileges, 6829h, 682971. Counterfeiting, etc., * Deposit as security by federal reserve banks, extension of time of payment, 9799a. Deposit of proceeds in banks, etc., 6829.hh, 6829m. Deposits for temporary use of federal land banks, 9835W. Exempt from tax, 6831. 6829lll, Appendix p. 1782. Fiscal agents, 6829m (3/2), Appendix p. 1783. Imitating or printing advertisement there- on, 10347. Interest, tax exemptions, 6829kk, 6829tl. Internal revenue tax On, 63.18a. Amount, 6318h. Issue, etc., unstamped, penalty, 6318i, Appendix p. 1779. Record of unstamped, 6318k, Appendix p. 1780. Unstamped as evidence, 63.18.j, Appen- dix p. * - Issue, 6824, 6829kk. - Loans for public expenditures, 6824, 6829h, 6829Kk. Obligation or other security of the Unit- ed States includes, 10317. Payable in foreign money, 6829p. Payable in gold coin, 6830. Performance of services by postal em- ployés, 6829mm. Redemption, 6829kk. “Securities” includes, 31.15%pp. War-savings certificates, 68297–6829n. CERTHFHCATES OF MERHT Army, pay of enlisted men, 2157. Service by privates, 1942. Militia, 2026c. Volunteer forces, 2026c. CERTIFTED CHECKS Accompanying bid for supplies for Indian service, 4042. Customs duties and internal revenue pay- able with, 5711, 5712. GENERAL INDEX [Page 2006] [References are to sections, except where otherwise indicated.] CERTIFIED CHECKS (Cont'd) State banks as members of federal re- serve system, 9792(11). CERTIFIED COPIES * See Evidence. - - List of persons paying special tax on oc- Cupations, 5963. Orders, Statements as to opium transac- tions, 6287k. Records, etc., in Interior Department, fees for, 675-679. Returns of contracts in Returns Office of Interior Department, 764. Sºcations and drawings of patents, CERTIFIED FORAFTS Accompanying bid for supplies for Indian Service, 4042. CERTIFIED QUESTIONS - Bankruptcy proceedings, 1229, 9609. Circuit Court of Appeals to Supreme Court, 1125, 1216. Court of appeals of District of Columbia, 1227, 1228. - District courts, 1215. CERTIORAR][ Porto Rican courts, 3785, 3803r. Record, 1657. Removal of causes, 1015. Rºle by Judicial Code not to affect, Supreme Court, 1214, 1229. Bankruptcy cases, 9609. Decisions not reviewable by appeal or writ of error, 1214. Federal Trade Commission 8836e. Hawaii, 1223. Porto Rico, 1223. Time for application, 1228a. To circuit court of appeals, 1120a, 1217. Federal trade commission cases, 8836e. Proceedings Act, 8835.j. To court of appeals of District of Co- lumbia, 1228. To court of customs appeals, final de- cisions involving constitution treaties, 1186. To supreme court of Philippines, 1225b. Trade-mark cases, 9503. CHALLENGES : - Army, Courts-martial, 2308a, art. 18. Courts of inquiry, 2308a, art. 99. Duels in, 2308a, art. 91. Jurors, 1263–1265. Capital cases, 1697. Summary trials laws, 8049. Navy, duels in, 2969(5). CHAMBER, OF COMMÉRCE Income tax, exemptions, 6336k[a]. to enforce Clayton under navigation CHAMPAGNE Internal revenue tax on imitation, how paid, 6110. GHANCELLORS Depositions, de bene esse taken before, 1472. Smithsonian Institution, selection, 10568. Subpoenas, issue in Contested elections Of members of House of Representatives, 167. CHANCERY See Eq^lity. CHANGE OF VENUE See Jºurisdiction. CHANNELS Reports as to improvements of, 28.136. (CIHAPPEL © Naval academy, 2761. CHAPILAINS Army, appointment, 1868–1872, 1874. Assignment to regiments, 1868. Bounty-lands, 4837–4839. Chaplains at large, number, 1868b. Qualifications, 1868b. Clergymen, duties as, 1878. Examination, 1872. Facilities to, 1880. Military academy, 2219. Nuçànber, 1868, 1868a. Official designation, 1875. Part of, 1717, 1717a. Pay, 2089, 2099. Pension to dependent relative, time of commencement, 8997. Cases, I Federal OI" | CHAPLAINS (Cont'd) Army (Cont'd) Preference in appointments, 1868a. Qualifications, 1868, 1868a, 1871. Rank, 1868, 1868a, iS73. Reports, 1879. School teachers, duties as, 1877. House of representatives, books from library of congress, 139. Salary, 59. - . Payable monthly, 79. National guard, pay, 3044u. Navy, *:::::: Chaplains, appointment, . .254.1d, Appendix p. 1762. Acting chaplains, commission as chap- Iain on examination, 2541a. Creation, appointment to, 2541a. Number, 2541b. Rank, 2541b. Pay and allowances, 2541a. Pay and allowances of chap- lains commissioned from, 2541C. - - Appointment, 2540. Form of worship, 2542. Number, 2540, 2541b. Pay, 2675, 2828, 2829. Chaplains commissioned from act- ing chaplains, 2541c. Qualifications, 2541. Rank, 2541b, 2673-2675. Chaplains commissioned from act- ing chaplains, 2541c. Reports, 2543. Retirement, 2647. Temporary, appointment, 2541d. 2541d, Appendix p. 1762. Senate, books from library of CongreSS, 139 - Salary, 58. Payable monthly, 79. Territorial legislative assembly, 3451. Volunteer army, 2026e. CHARACTER, Petitioners for naturalization, 29.00%a.(2), 4352(4), 4352(7). CHARGES controlled transportation tems, 31.15%j. * Hotel on Hot Springs Reservation, 5253. Railroad transportation, in Alaska, reg- ulation, 5083. In Indian territory, 4185. . Supplies for Indians by land-grant railroads, 10067. Refining gold and silver at Helena assay- Office, 6425. Transmission of messages from. telegraph and telephone lines through Indian lands, 4191. Use of government wharf at Sitka, Alas- ka, 6929. º Wagon roads, etc., in Alaska, regulation, 5087. CHARGES D’AFFAIRES - See Consular Officers ; Diplomatic Of- ficers. Absence without leave, 3199. Appointment, 3130. Declaration for registration of trade-mark verified before, 9487. Diplomatic officers, 3116. * + Oath to applicants for patents administer- ed by, 9436. Salaries, 3117, 3118. Secrétaries of legation acting as, 3131. Term during which payable, 3.198. CHARITABLE ASSOCKATIONS, COR- PortATIONS OR SOCIETIES See Charities. CHARITIES Appropriations for associations, payment of, 6669. Bulietins issued by board or departments of, as second class mail matter, 7309. Census of inmates of benevolent institu- tions, 4387. Columbia Institution for Deaf not to be regarded as, 9351 Exemptions from internal revenue tax on admissions, etc., 6309%a. Fairs and exhibitions, act authorizing spe- cial excise tax not applicable to, 5980h. Free transportation, 8595. { Inmates of institutions, 8563. Pºns engaged in charitable work, 8563. - Sys- Income tax, exemptions, 6336k[a]. CHARITIES (Cont'd) Publications of benevolent societies as Second class mail matter, 7.309. CHARTER, Vessels by United States Shipping Board, 8146e, Appendix p. 1789. Vessels, etc., in violation of Shipping board act, 8146r(1), Appendix p. 1789. Vessels owned, etc., by alien enemies, 8146 rr, 8146s. CHARTERERS Authority to bind vessel, 7785. Criminal responsibility for loss of life, 10455. - Limitation of liability for errors of navi- £ation, dangers of the sea, etc., 8031. Subject to same penalties for violation of regulations regarding steam vessels as Owners of vessels, 8275. CHARTS Coast and geodetic surveys, distribution to educational institutions, 7146a. Sale and distribution, 7146. - Pºsal of money arising from sale of, Foreign Hydrographic Surveys, publica- tion of, 7.148. Hydrographic Office, preparation and fur- nishing of, to navigators, etc., at cost, 658, 659. Printing of, 7163. Publication and sale, 7147. Nautical, 656-660. Northwestern lakes, sale to navigators, by Secretary of War, 328. Weather Bureau, Secretary of Agriculture to determine number of copies, 7163. CHARWOMEN - Library of congress, employment by su- perintendent of library building and grounds, 134. | CHATTEL MORTGAGES Bills of lading issued by interstate car- rier, lien to be valid apart from Act, 8604tt. Warranties by mortgagee, 8604rr. Protection of mortgagor in military or naval service, 3078%ff. CHATTERLS - Military bounty land warrants CHAUFFEURS - Signal corps, 1867h. CHAUTAUQUAS Act authorizing special excise tax not ap- plicable to, 5980h. CHECKS See Certified Checks. Amounts to be covered into Treasury if not drawn in three years, 480. Appropriations for charitable, etc., pur- poses, 6669. Army payable by, 2200, 2202. Collection by federal reserve charges, 9796(1). Customs duties, and internal revenue tax- es payable with when certified, 5711, 5712. - Duplicates for lost or destroyed, 6645, 6646. Deceased officers, 468. Disbursing officers, to postmasters in Certain cases, 7578. Government, on deposits in Federal re- serve banks, 97.98(1). Income tax, withholding source, 6336iſfl. - Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. National banks, penalty for falsely cer- tifying, 9770, 9771. Obligation or other security of the United States includes, 10317. - Outstanding three years or more, 480–482. Permanent appropriations for subse- quent payment of, 481, 482. Payment of income taxes, 63.3609. Pensions to be paid by, 9108. Signing of, 672. Printing, 6555, 6556. tº Public building sites, payable to 6907. CHIEESTE See Filled Cheese. Definition, 6242. Purchase of, for navy, 6869. CHEMICAL PREPARATION Denatured alcohol to be free from tax When used for manufacture of, 6133. as, 4856. banks, payment at grantor, *. # GENERAL INDEX IPage 2007] [References are to sections, except where otherwise indicated.] CHEMICAL PREPARATION (Cont'd) Exportation, 5723. Imported adulterated, prevented, 5356. Examination, 5622. - Examiners of, oath, 5355. Special examiner of, at New York, 5627. - Meat preservatives, 8681 (4, 19). CHEMICALS, OILS AND PAXNTS See Drugs ; Insecticides. and Fungi- cides ; Medicines. Customs duties on, 5291ſ1-70). CHEMISTRY - Bureau of, Agricultural Department, 795. Examination of specimens of foods and drugs, 8720. CHEMISTS - Agricultural Department, appointment, 794. Assistant chemist, salary, 793. Salary, 793. Assistant chemists, internal revenue, ap- pointment to carry out opium registra- tion act, 6287 p. e Consular districts in China, regulation of sale of poisons, 7696b-7696n. Immigration, 4289%b. - Internal revenue, appointment to Carry out opium registration act, 6287 p. º Manufacturing chemists of spirituous liq- uors from dregs, etc., exemption from tax, 5975. Office of commissioner of internal reve- nue, appointment, salary, etc., 6226. CHEROKEE INDIANS Heirship of deceased members, determi- nation, 4234a, Appendix p. 1776. Lands, partition, laws applicable to, 4234b, Appendix p. 1776. º Laws relating to allotment in severalty not to apply, 4206. Permanent appropriation for payment of interest to, 6799 (47). Records of, access to, by Secretary of In- terior, 4126. - Trading with, provision as to licenses not to apply to, 4130. - CHEROKEE OUTLET Provisions relating to descent of land to heirs of deceased allottee in severalty, not to apply to, 4222. Town site laws extended to, 5036. CHEROOTS See Cigars. Customs duties on, 52910185). - Internal revenue tax on cigars held to in- clude, 6197, . . . Inspection of by commissioner, 6206. Stamps on empty boxes to be destroy- ed, penalty for neglect, 6214. CHESAPEAKE AND DELAWARE CA- NAHL Acquisition by United States, 9881a. CHESAPEAKE CITY - Enrollment or license of vessels for coasting trade and fisheries by deputy collector of customs at, 8092. CHESS AND CHECKER BOARDS. Internal revenue tax, 6309%a, 6309%b. Payment, vendees or lessees in Cer- tain cases, 6348b. When held or intended for 6309% c. CHEWING GUM Internal revenue tax, 6309%a, 6309%b. Payment, vendees or lessees in Cer- tain cases, 6348b. When held and 6309% c. CHEWING TOBACCO See Tobacco. -CHICAGO Anchorage regulations for port of, 9950. Penalty for violation, 9951. Harbor lines may be modified for park extension, 9915. “CHICKASAW INHDIANS sale, intended for sale, determi- Heirship of deceased members, nation, 4234a, Appendix p. 1776. Lands, partition, laws applicable to, 4234b, Appendix p. 1776. Laws, relating to allotments in severalty not" to apply to, 4206. Records of, access to, by Secretary of In- terior, 4126. * Trading with, provision as to licenses not to apply to, 4130. | CHHEE BOATSWAINS Appointment, 2711. Pay, 2708, 2708a. Promotion, 2708a, 2711, 2712. CHIEF CARPENTERS Navy, appointment, 2711. Pay, 2708, 2708a. Promotion, 2708a, 2711. CHIEF CHLERKS See Clerks. Agricultural Department, 793. Appointment, 794 Bond, 815. Salary, 793, 794. Temporary performance of duties of Secretary, 794. Assay-office, Salt Lake City, salary, 6430. Seattle, salary, 6429. Assistant Commissioner General of Im- migration to act as, 955a. Assistant treasurers, acting for, 6602. Boston, 6591. New York, 6593. * Bureau of, immigration, 954. Light-houses, 896. - Ordnance in navy department, 632. Supplies and accounts in navy, civil- ian assistant to perform duties of, 640. Census office, 913. Acting director, 916. Chief of Engineers, salary, 314. Chief of Ordnance, salary, 314. Commissioner of Internal Revenue Bu- reau, 491. Comptroller of Treasury’s office, 413, .414. CounterSigning warrants, 414a, Appen- dix p. 1738. Court of Claims, 1130. Accounts, settlement, 1133. Bond, 1132. Contingent fund, disbursement, 1133. Reports to Congress, 1134. Salary, 1131. Denver mint, salary, 6423. Department of Commerce, 854. ' Department of Justice, 526. Department of War, designation to sign official papers, 315a. Deputy supervising inspector general of steam vessels, 8155, Appendix p. 1791. Executive departments, distribution of duties to other clerks, 256. Reports as to defects in arrangement, etc., of business, 256, 257. Supervision of subordinate clerks, 255. Government printing office, 6974-6991, 7007. Interior Department, 669–672. Editing, indexing and publication of Official Register, 7092. Labor Department, 933. Lighthouse service, administering oaths to travel accounts, etc., 3262a. Medical reserve corps, restoration to du- ty after service with, 32.15a. - Mints, 6441. Denver mint, 6423. To act for superintendents in case ahsence, 6439. National guard, restoration to duty after service with, 3215a. - National park service, salaries, 787d. Navy T)epartment, 614. Oaths of office, power to administer, 28, Of appointment and Power to administer service, 3220a. Oaths to expense account administered by, 3262, 3262a. Patent office, qualification, salary, 738. Post-Office Department, 572, 577. Post offices, issue of money orders, 7556. Salaries, 7231. Prisons, clerk of board of parole, 10536. Railway Mail service, appointment, du- ties, Salary, expenses, 577. Assignments of railway postal clerks, 7510. Secretary of war, duties, 315a. Senate, authority to administer oaths, 28. State department, duties, salary, 290, 297. 297, Appendix p. 1737. - Superintendent of Capitol Building and grounds, acting superintendent, 3371. Territorial, Legislative Assembly, 3451. Treasury department, duties, 353. 353, Appendix p. 1737. º: Salary, 353. 353, Appendix, p. 1737. War Department, 314. Signature to papers, 315, 315a. in Iighthouse CHIEF CONSTRUCTORS Navy, assistant to act, 642a. Chief of Bureau of Construction and Repair, 2665. Member of air craft board, 3115*/a,b. Retirement, 2645. CHIEF ENGINEERS See Chief of Engineers ; Constructing engineers Lighthouses, 896. Navy, appointment to fleet, 2539. CHIEF EXAMINER, Civil Service, employment, Salary, 3274. CHIEF GUNNERS Navy, appointment, 2711. Pay, 2708, 2708a. Promotion, 2708a, 2711, 2712. CHIEF INSPECTORS Locomotive boilers, appointment, duties and pay, 8632–8639, 8639b. Assistant chief inspector, appointment, duties and pay, 8632-8639. CHIEF IRRIGATION ENGINEER, Indian service, reports as to cost of ir- rigation projects, 4205a. CHIEF JUSTICE See Court of Claims : of United States. A. Territorial Courts, appointment of Unit- ed States commissioners, 4547. CHIEF LOADERS Army, pay, 2146. Coast artillery, 1731a. Field artillery, 1737, 2144, 2144a. CHIEF MACHINISTS Navy, pay, 2708a, 2712. - Promotion, 2708a, 2712. Rank, 2712. CHIEF MECHANICS Army, pay, 2144. Field artillery, Engineers. in Bureau of duties and Supreme Court 1736a, 1737, 2144. CHIEF MESSENGER Court of Claims, salary, 1131. CHHREF MUSICHANS Army, pay, 2143, 2147. CHIEF NURSES Pay, 1832. CHIEF OF ARTILLERY Army organization, 1727. Pºgnated as Chief of Coast At tillery, CHMEF OF BUREAU OF HNSULAR, AF- FAIRS Assistant, detail of army officer as, 1999. CHIEF OF BºjREAU OF MAN &JFA C- TURES Supreme Court reports for, 1203. CHIEF OF CHILDREN’S H. GREAU Appointment, salary and duties, 965. Assistant chief, 966. CHIEF OF COAST ARTHILH, HERY Duties of , coast artillery division in chief of staff's office. transferred to, 1762a. General Staff Corps, member of, 1728, 1762a. Part of artillery corps, 1731, 1731a. To be Chief of Artillery, 1727. CHIEF OF DIVISION Census office, 913. Additional, during census period, 915. Coast Guard, appointment and salary, 8459%a (2). Commissioner of internal revenue, addi- tional appointments for collection of in- come tax, 364a. - Patent office, 739c. (CHIEF OF ENG}{NEERS Accounts, examination of by Auditor, 420. Allotment of appropriations for public works, recommendations for, 98.39. Anchorage grounds and regulations, 9959a. - Apartments, stationery, etc., 3320. Application of appropriations for comple- tion to prosecution of Works, recommen- dation for, 9887, 9888. Appointment, 1881. Approval of plans, bridges over navigable waters, 9961, 9971. City of New York for obstruction of §" etc., within city limits, 99.39, Dams, conditions, 9976. Mississippi River Commission, 10002. Porto Rican Wharves, 3802. Private plans for river and harbor improvements, 9903. GENERAL INDEX [Page 2008] [References are to sections, except where otherwise indicated.] CHIEF OF ENGINEERS (Cont'd) Approval of plans (Cont'd) Wharves or excavations, etc., 99.10. Board of engineer officers, approval Of action of, etc., 9863. w Duties to be fixed by, 9863. Organized in office of, 9863. Report through, 9868. - improvements, River and harbor 9863. Review special reports when directed by, 9868. Submission, matters for records of of- fice of, 9863. Recommendations as to river and harbor improvements to, 9863. Boat houses in Potomac Park, regula- tions for, 3347. B Street, District of Columbia, tion over transferred to, 50 California Débris Commission, powers under, 10004. Submit report to, 10011. Capitol Square, extension of laws of Dis- trict of Columbia to, 3392. Charges against dams for storage, reser- voirs, etc., to be fixed, 9976. Chief clerk, salary, 314. Coast Guard, 8459%a.(2). Collisions with river and harbor improve- ment Vessels, examination, settlement, report, 98.99. - Commissioner for Soldiers’ Home, 92.16. Compensation, extra compensation for Care of buildings and grounds prohibit- ed, 3319. Conduit Road, traffic regulations, 3322a. Corps of engineers, 1840, 1842a. 1842a, Appendix p. 1748. Dams, approval of plans for, 9976. Charges against for storage, be fixed, 9976. Rºyal for failure to obey orders, () . jurisdic- exercise etc., to Request for proceedings for removal of, 9.980. - Sluices for water power development, recommendation for, 9992. Débris fund expended by California Dé- bris Commission under supervision of, 10027. . Decisions concerning water supply, ap- peals from, 3323. Deposit of refuse in navigable waters When navigation not injured in judg- ment of, 99.18. District of . Columbia park system, con- trol of, 3353. Control of, temporarily transferred to adjoining owners, & Diversion of water from St. Mary’s River for water power, consent to, 9989 Duties, 1845. Employees in public buildings grounds, under control of, 3310. Employment, additional office force in emergencies, how paid, 9865. ivil engineers on western and north- western rivers, 9864. Extra compensation for care of buildings and grounds prohibited, 3319. - Gauging waters of Mississippi and tribu- taries, applications for warrants, state- ment of expenses, 9857. . Harbor lines of District of Columbia, 3366. Lake Washington to Puget Sound Canal, duties respecting, 9904. Y’ains, consent to, 3314. Mississippi River Commission, recommen- dations, approval, 10002c. Mississippi River, experimental transportation, 9902a. New Jersey sea coast improvement to be approved by, 9907. Officers’ returns of public property, 439, 440 and freight plans Offices for Office of Education furnished by, 769 Permits, temporary occupancy or use of river and harbor improvements, recom- mendation for, 9919, Potomac River banks controlled by, 3364. Preliminary examination and minor Sur- veys to remove snags, etc., 9869. Private improvements of navigable rivers under control of, 9.903. Public buildings and grounds, canals fill- ed in city of Washington, jurisdic- tion over, 3358a. Charge of, 3308, 3357, 3358, 3358a. Potomac park, jurisdiction over, 3361a. CHIEF OF ENGINEERS (Cont'd) Public buildings and grounds (Cont'd) Regulations, 3357. Extended to sidewalks and car- riageways around, 3358. Tºgass on, duty to notify marshal, 308. Record of property and plans and surveys to be kept by, 3321 Reports by, delivered to public printer, printing with index, 9873. Deterioration of works, cost of re- pairs, discontinuance of appropria- tions, 9874. - Expenditures on South Pass of Mis- sissippi River, 9894. Expense of removing from Ohio River, 9898. Expense of removing snags from Mis- sissippi river, 9895. Receipts from water power leases, 9986-9990. Settlement of claims from collisions With river and harbor improvement vessels, 9899. Statement of expenses, gauging, wa- ters of Mississippi and tributa- ries to accompany, 9857. United States canals to accompa- ny, 9860. Submitted annually, contents, 3327. º number of copies to be printed, 075. Report to, California, Débris Commission Of conference with State Commission, 10028. Reservations in District of Columbia, au- thority to permit use of, for widen- ing roadways, 3355. Jurisdiction transferred to commis– Sioners, 3351. Rock Creek Park, control of jointly with ºmissioners of District of Columbia, Statuary hall, supervision over, 3386. Street intersection parks, control of, 3363. Tidal basin bathing beach, 3361c. Traffic regulations on Conduit Road, 3322a. Transfers of jurisdiction between, and gºmissioners of District of Columbia, 56. Trespass on public buildings or lands, duty to notify marshal, 3308. United States canals, recommendation of modification of plans for reconstruc- tion of, 9860. º Recommendations for Warrants for ex- penses, 9860. Warrants for expenditures for removing obstructions, from Mississippi River, drawn upon application of, 9895. From Ohio River drawn upon applica- tion of, 9898. Washington aqueduct and filtration plant, control of, 3323. Traffic regulations for protection of, 3322a. Wharves, construction and rental, in Dis- trict of Columbia, 3365. Plans, 99.10. *Yellowstone Park, Obstructions road extensions in, CHIEF OF MEDICAT, DEPARTMENT Surgeon-general as, 1807. CHHTEF OF NAVAL OPERATIONS Allowance, 62.1aa, Appendix p. 1744. Appointment, rank and pay, 62.1a. Assistants, details from officers of navy or marine corps, 621c. Duties, 621c. Rank, title and pay, 621c. Retirement, 621c. CHIEF OF ORDNANCE Appropriations, Army, use of material procured under appropriation in manufacturing, etc., operations by Chief of Ordnance, 6771. Indirect or general expenses of man- ufacturing, etc., operations by Chief of Ordnance to be charged against appropriations therefor, 6770. Chief, clerk, salary, 314. Contracts, duties with respect to, 6854, 6855. Regulations concerning, 6854. Depots, duty to establish, 1856. Detail of enlisted men, 1854. Enlistment of, force by, 1853. Sergeants, 1853. Officers’ returns of public property, du- ties respecting, 439, 440. CHIEF OF ORDNANCE (Cont'd) Orders for supplies, to be executed by, 1857. Purchases of, ordnance property without publicity, 6855. Supplies, 1855. Rank, 1848. - Report, damage to arms, 1968. Ordnance property, 1858. Ordnance stores, 1858. Sale, obsolete ordnance, public parks, etc., 3103. Small arms to patriotic organizations, 3098. Sales of ordnance stores to Cuba, 3106a. Soldiers’ Home, ordnance and stores for, 3101, 9290. Supplies of ordnance and Ordnance stores, duty to provide, 1855. Tº: of iron and steel to be reported to, 31.10. CHIEF OF PHILIPPINE CONSTABU- LARY Pay, 1743. CHIEF OF QUARTERMASTER CORPS See Qºlqºrtermaster General. Appointment, 1779. Duties, 1779. Title changed to 1779a. CHIEF OF RECORD AND PENSION OFFICE Assistant, official title changed to military secretary, 17 CHIEF OF SIGNAL SERVICE Report, 329. CHIEF OF STAFF Assistants to, 1762a. President of Army War College, 1762a. Coast artillery division abolished and du- ties transferred to chief of Coast ar- tillery, 1762a. Detail from major generals, 1762a. Detail of clerks and employés in office of bureaus of War Department, prohib- ited, 317. 317. Appendix p. 1737. General Staff Corps, duties, 1760, 1762a. Part of, 1762a. Mobile army division abolished and du- ties transferred to office of adjutant general, 1762a. Rank, 1762a. Supervision of Quartermaster Corps, 1779. To be general officer of the line, 1762a. CHIEF OF TELEGRAPH AND CIPHER BUREAU Appointment, 1864. CHIEF PAY CITERRS Navy, number, examinations, as to age, 2537c. Rank, pay and allowances, 2537b. CHIEF PHARMACIST Hospital corps of navy, 25.13a, 2514. Mates, 25.13a. Pay of, 2516. |Pay, 2708a. Promotion, 2708a. CHHEE PLANTIERS Army, pay, 2146. Coast artillery, 1731a. Field artillery, 1737, 2144, 2144a. CHIEF SAILMAKERS Pay, 2708a. Promotion, 2708a, 2711. CHIEF SIGNAL OFFICER Aviation students, recommendation of, 1867b. Duties, 1867. Respecting Officers’ property, 439, 440. quartermaster general, limitation return of public Member of air craft board, 3115*/a,b. Rank, 1860. * Reduction of contracts to writing, regu- lations, 6853a. Returns of Signal Service property, 1970, 1970a. - Sale of surplus maps or publications of signal office, 329. War Department, usual number of Copies to be printed, 7075. CHIEFS OF BUREAUS See, also, titles of respective bureaus and offices. . Appointment of inspectors of fuel, 6838. Copies, decisions of Cour" of Claims transmitted to, 1134. GENERAL INDEX [Page 2009] [References are to sections, except where otherwise CHIEFS OF BUREAUS (Cont'd) Copies (Cont'd) Publications to be delivered to super- intendent of documents immediately upon publication, 7041. - Insular Affairs, 346-348. List of officers, etc., to be prepared and filed for Official Register, 7092. Navy department, 628-641, 653. Appointment, 628. Assistant to act, 642a. Bureau of navigation, certificates of military service, 30.78%r. Estimates for expenses to be furnished to secretary, 653. Pay, 2843. Printing not to be done without authority or necessity, 7173. Reports, number of copies, binding, 7163. State Department, chief of bureau of a C- counts, salary, 297. Preparation of information for De- partment of Commerce, 292. Salaries, 297. Vacancies in office temporarily filled, 260. Discretion of President, 261. Extra compensation prohibited, 264. Limitation of time, 262. Restrictions, 263. Weather Bureau, 841, 842. CHIEFS OF DIVISIONS European affairs in State Department, 297 Fº Eastern affairs in State Department, 297 Latin American affairs in State Depart- ment, 297. Near Eastern affairs in State Department, • 297. CHIEF STATISTICHAN Census office, 913. Additional, during census period, 915. CHIEF TRUMPETERS Army, pay, 2147. CHILDREN - See Boy Scouts of America; Sº,070, S. Aliens, admission or deportation of chil- dren of naturalized or resident alien, 4289%l. Excluded, 4289%b. Allowance on death of officer or enlisted men in navy or marine corps, 2870. Allowances under state laws not affected by bankruptcy proceedings, 9592. Appeals from district Courts to Supreme court, time for taking, 1649. - Bankruptcy act, time for claiming divi- dends of, 9650. Bounty lands, 4840, 4842. Children of certain soldiers entitled to bounty-land, 4830. Bureau of, chief, invoices, 965. - Establishment, 964. Officers, clerks and employés, 966. Quarters, 967. Transfer to Department of Labor, 934, 935 Pen- publication, Cadets, military academy, consent of parent to service, 2242. Census of school children in Indian coun- try, 4164. Citizenship, children born abroad of alien parents, 3962. Children born of citizens Out of Unit- ed States, 3947, 4367. Children of citizens born abroad, dec- laration of intention, 3963. Children of naturalized persons, 4367. Claims against United States, 1147. Limitations, 991 (20). Colored soldiers, determination of rela— tion for purpose of bounty claims, 3973. Compensation to on death of parent kill- ed in service of United States, 8932ee. Employment, in mines of territories pro- hibited, 35.13. Porto Rico, 3803a.a. Enlistment, army, 1885a, 1886. Navy, 2575, 2580, 2581. Punishment, 2979. Homestead, entries, rights as to, 4543. soldier, and Sailors, proof of entries, 4593 Rights of homestead of their de- Ceased fathers in certain cases, 4602, 4602a. - CHILDREN (Cont'd) Homestead (Cont'd) Who have served in Army or Navy may acquire, 4588, Income tax exemptions, 6336g. Indians, children taking lands in several- ty not excluded from benefit of ap- propriations, 4172. Marriages between white men and In- dian women, to have rights of moth- er as to property of tribe, 4106. School children, relations to be with- held from children not attending School, 4174, 4175. Regulations to secure attendance at school, 4173. Sending out of state without con- sent of parents forbidden, 4177, 4178. Surrender by allottee in severalty for benefit of, 4229. Internal revenue tax on admission of children to theaters, etc., exemptions, 63091/2 a. Limitation of suits on marshal’s bonds, 1310 Naturalization, children of alien becom- ing insane, 4365. Children of aliens dying after decla- ration of intention, 4352(6). Naval officers or enlisted men, pay and allowances on death, 2868, 2870, 2871. Payment to guardian for horse lost by minor in military service, 6399. Pensions, see Pensions. Postal employés, payment to legal repre- sentative for benefit of, when employé is killed on duty, 7246b. º Postal savings depositories, accounts with, 7583. Support, effect of discharge in bankrupt- cy, 9601 & War risk insurance, allotments and fami- ly allowances, 514nnnn-514qq. * Compensation for death or disabili- ty, 514qqq-514tttt. g Limitation of time for claims, 514SSSS. CHILI - Ambassador to, appointment and salary, 3122b CHINA-CHINESE See Consular Courts : Cooly Trade. Regulations of immigration in general, see Im/migration. Constables of United States in, allowanc- es for, 7667 º s Consular districts, regulation of practice of pharmacy, sale of poisons, 76.96b. Consuls of United States, 7633-7665. Compensation, 3198a. Conventions with China, 4326-4331. Certificate of rights of return, etc., 4327. - Class prohibited to enter, 4328. Duration, notice of termination, 4331. Laborers excluded, 4326. presenting Protection of Chinese in United States, 4329. * Registration of Chinese in United States, or citizens of United States in China, 4330. Secretary of Labor to prescribe regu- lations, 4338. Cooly trade, 4342–4350. - Employment on irrigation works prohibit- ed, 4703. Exclusion act, district Courts, 1007. Certificate of identity, arrest of Chi- nese unlawfully in United States, commissioners for hearing, 4333. Alteration or forgery, 4294. Comparison with lists of passen- gers, 4296. - Construction of term “merchant,” 4293. - Contents, 4293. Credentials of diplomatic to be equal to, 4300. Entry by land, 4299. Indorsement by diplomatic repre- sentative, 4293. Prima facie evidence, 4293. To resident laborers leaving coun- try, not to be issued, 4304. Certificate of residence, application for, 4320. * - Application for, photograph of ap- plicant, 4324. appellate jurisdiction of officers indicated.] CHINA—CHINESE (Cont'd) Exclusion act (Cont'd) Certificate of residence (Cont'd) Convicts not entitled to, 4320. False personation of persons nam- ed in, 4322. - Fees for, 4320. Forgery of, 4322. Hawaii, Chinese residents in, 4336. Insular territory, 4339. Regulations by Secretary of the Treasury, 4321. - Certificate of return of resident Chi- nese leaving country, 4308, 4327. False personation of pers&ns nam- ed in, 4312. Forgery of, an offense, 4312. Commissioner-General of Immigration to administer, 956, 959. Compensation to officers for services under act, 4323. Local peace officer for services in reference to act, 4299. Peace officers in states or terri- tory, 4313. Conditions under which laborers may return after departure, 4307. Consular officers excepted, 4314. Decisions of immigration officers, final unless reversed, 4325. Department of Commerce and Labor, jurisdiction, 858. Deportation, appeal, 4313. Arrest, warrant, complaint, etc., Bail not allowed, 4324. Burden of proof, 4317. Chinese having no certificate, 4320. Chinese unlawfully in United States, 4313, 4316, 4324. Costs, 4299. Decisions of immigration officers to be final unless reversed on re- peal, 4325. Expenses, liability of persons aid- ing or bringing, 4299, 4313. Officers to be designated to de- port, 4341. Peace officers in states and terri- tories to have authority of Unit- ed States marshal, 4313. Place of removal, 4299, 4313, 4316. Process, certified copy of judgment to be, 4313. Punishment of Chinese before re- moval, 4318. United States commissioners des ignated to hear proceedings, 4332. United States marshal to execute order, 43.24. Warrants of arrest, 4334. & Persons who may make, 4334. Diplomatic officers excepted, 4300, 4314. Duration of act, 4290, 4315. Enforcement, purchase of motor vehi- cles, 960a. Entry by land, same conditions as by vessel, 4299. Exemptions, 4292. - Diplomatic officers, 4300, 4314. Laborers, 4292. - Officials, teachers, chants, etc., Fºº, of United States commissioners, students, mer- Fines, alteration or forgery, certifi- cates of identity, 4294. Alteration or forgery, certificate of residence, 4322. . Certificate of , return, 4312. Brins; in Chinese unlawfully, Lºgers not entitled to enter, Pºlis laborers to enter, 4291, Violation Of act in general, 4302. Forfeiture of vessels for violation o act, 4297, 4305. - Habeas Corpus, Chinese denied 1and- ing, 4319. - Hawaii, certificate of residence for Chinese in, 4336 Further immigration prohibited except within accordance with law, 4335. Hucksters not within the term “mer- chant,” 4293. Identification of Chinese laborers claiming right of leave and return, 4308, 4327. º Inspector, Bertillon system to be us- ed, 4340. GENERAL INDEX IPage 2010] [References are to sections, except where otherwise indicated.] CHINA-CHINESE (Cont'd) Exclusion act (Cont'd) . Inspector (Cont'd) Issue of warrants of arrest for Wi- olation of Exclusion Act, 4334. Insular possessions, application of act to, 4337. - Certificate of residence in, 4339. Laborers, travel from one island to the other of the same group, 4337. Laborers excluded, 4290. Definition, 4301, 4324. Laws, regulating admission and resi- dence of Chinese re-enacted and continued, 4337. Previous laws as to penalties, etc., | extended, 4303, 4305, 4306. Limitation of time for return, 4308, 4327. Lists of passengers, comparison with certificates of identity, 4296. Contents, penalty, 4295. Proof required for entrance, 4324. Merchants, defined, 4293, 4324. Offenses, alteration or forgery, certifi- cates of identity, 4294. y Alteration or forgery, certificate of residence, 4322. Certificate of return, 4312. Bringing in Chinese not entitled to admission, 4310. Bringing or landing laborers not entitled to enter, 4298. False personation, person named in certificate of residence, 4322. Person named in certificate of return, 4312. Permitting Chinese land, 4291, 4205. Punishment of Chinese unlawfully in United States, 4318. Violation of act in general, 4302. Officer to enforce detailed for duty at Washington, 938. Peddlers not within the term “mer- chant,” 4293. - Penalties, bringing in laborers, 4298. Failure to make list of Chinese passengers, 4295. Ports at which Chinese may enter, laborers to 4308. - Protection of Chinese in United States, 4329. Purchase, etc., of motor vehicles for enforcement of laws, 960a. Residents, return after departure un- lawful, 4303, 4306. Secretary of the Treasury, rules, as to certificates of residence, 4321. Treaty prohibiting entrance, 4326. Warrants of arrest for violation of act, 4334. Interpreters at consulates in, 3145. Involuntary transportation of, 4349. Mail agents on steamers, 7545. Ministers of United States, judicial au- thority, 7633-7665. - Salaries, 3117. . National Home for Disabled Volunteer Soldiers, admission of persons serving in China, 9264a. Naturalization forbidden, 4359. Opium, importation, act relating to sale of poisons in consular districts in China not to affect act forbidding, 7696n. 33 Forfeiture, 8798. Jurisdiction of cases relating to, 8799. Penalty, 8797, 8801. Postal agencies authorized in, 7546. Prisons and prisoners of United States in, expenses of, 7666–7668a. Protection in United States, 4329. Transportation in American vessels as coolies, 4342–4350. United States court for, 7687–7696. CHINA WARE - Customs duties on, 5291080). CHINESE EXCLUSION ACTS See Chiſva-Chinese. Tºº, of act, 4290-4302, 4306-4324, 4337-4339, CHINESIE WAR Enlisted men in, length of service, com- putation for retirement, 2086, 2087. Officers and soldiers in, benefits of Na- tional Home for Disabled Volunteer Sol- diers, 9264a. Pensions to widows and children, 8985a, 8985b, Appendix p. 1796. CHILORAL, IHYDRATE Sale in consular districts in China for- bidden, except on prescription, etc., 7696g. CHILOROFORMI Denatured alcohol when used for manu- facture of, may be withdrawn from bond free of tax, 6133. &EIOCTAW-CHICKASAW MENTAL, AGREEMENT Text of act, 5243. CHIOCTAW INDIANS Heirship of deceased members, determi- nation, 4234a, Appendix p. 1776. Lands, partition, laws applicable to, 4234b, Appendix p. 1776. La WS relating to allotments in severalty not to apply to, 4206. Records of, access, Secretary of Interior, SUPPLE- Trading with, provision as to licenses not to apply to, 4130. CHRISTMAS Hºy in government printing office, 7010. - Holiday within act authorizing compen- Satory time to post office clerks and letter carriers, 7239a. Seamen not required to do any unneces- sary work on, 8363b. CHURCHES Sites on national forests, 5130. Transfers by homestead settler, 4535. CIGARETTE PAPERS Internal revenue tax on, 6174c., 6204b. Payment, vendee or lessee in certain cases, 6348b. CIGARETTES See Cheroots ; Cigars. Customs duties on, 5291ſ185). Internal revenue tax on, additional tax, 6174c., 6204a. Additional tax, cigarettes in excess of certain number removed from factory or Custom house and held for Sale, 6174b. AImount, 6204. Cigars includes, 6197. Imported cigarettes, stamping and packing, 6202. Indecedent or immoral pictures in packages forbidden, 6204. Inspection, regulations for commis- sioner, 6206. - Labels, 6174c., 6204a. Lottery tickets in packages forbidden, Manufacturers, agents not to be deem- ed peddlers, 6187. - Packing, 6202. Peddlers, not to be deemed, 6187. Salesmen not to be deemed ped- dlers, 6.187. Special excise tax, amount, Com- putation, 5980j. Nonpayment a misdemeanor, fine, 5980j. statements turns, 5980k. Tax to be paid by, 6204. Packages, how put up, 6174g, 6202a. Payment, vendee or lessee in certain cases, 6348b. - Stamps, affixing, etc., 6174c., 6202, 6202a. Cancellation, 6174c., 6202a. - Commissioner to provide, 6204. On empty boxes to be destroyed, penalty for neglect, 6214. Reissue when lost or destroyed, 6097. - Wholesale dealers, agents not to be deemed peddlers, 6187. Peddlers, not to be deemed, 6187. Salesmen not to be deemed ped- dlers, 6187. CHGARS See Cheroots ; Cigarettes ; Customs duties on, 5291ſ185). Entry and inspection, 5500. Internal revenue tax, abandoned, demned, etc., destruction, 6178. Additional tax, 6174c., 6204a. Toba CCO in eXCeSS Of Certain nuIm- ber removed from factory or Custom house and held for sale, 6174b. Amount of tax, 6204. Bonded Warehouses, collector to make ºthly accounts of articles in, 341. and re- Tobacco. COIn — CIGARS (Cont'd) - Internal revenue tax (Cont'd) Bonded warehouses (Cont'd) Tººn cigars withdrawn from, Withdrawal from bond for exporta- tion without payment of tax, 6.192. Bonds, exportation without payment of tax, 6.192. Peddlers, 6.188. Transportation bond in lieu of ex- port bond, 6.193. Boxes, fraudulently stamped, selling from, or having in possession, Giving away, accepting, selling, buying, or using empty, stamped, penalty, 6214. Stamps on emptied, to be destroy- ed, 6214. Buying cigars from manufacturer who has not paid special tax, penalty, forfeiture, 6213a. Cigarettes and cheroots included in term, 6197. - Dealers, sworn statement by as to materials, 6201. Drawbacks stamp paid cigars on ex- portation, 6195, 6196. Estimated tax on cigars sold without Stamps, notice of assessment, 6180. Exportation, drawback on stamped goods, 6.195. Need not to be stamped or branded or labeled, 6207. Transportation in lieu of export bond, 6.193. Without payment of tax, 6.192. Bond, 6.193. Regulations by commissioner, 61.94 Fines, failure to destroy stamp por- tion of cigar boxes, etc., 6.185. Frauds in manufacture of cigars on commission or shares, 6209. Selling imported cigars not stamp- ed as required by law, 6212. Forfeitures, frauds in manufacture on . commission or shares, 6209. Purchase from manufacturers not paying tax, 6213a. Removal of cigars from manufac- tory without being properly box- ed, stamped, branded, etc., 6207. Sale without being properly boxed or stamped or using false stamps, etc., 6210. Unstamped cigars, 6208. Fraudulent use of boxes, etc., 6183. Imported cigars, 62.41. Stamps, additional to duty, 62.11. Affixing, 6205. Indecedent pictures in packages for- bidden, 6204. Inspection by commissioner, 6206. Label on boxes, 6203, 6204a. Export cigars exempted, 6207. Lºy tickets in packages forbidden, 6204. Manufacturers, agents not to be deem- ed peddlers, 6187. Bond, 6197, Penalty for failure to give, 6197. Buying from one not paying tax, penalty, 6213a. - Certificate of authority to do busi- ness, 61.97. Employés may use certain num- ber without payment of tax, 6202. Inventory, book entries, and monthly abstracts, 6200. Penalty for neglect, 6200. Label and notice on box, 6203. Peddlers, not to be deemed, 61.87. Penalties, acts not elsewhere pro- vided for, 6358. Purchase from those not paying. tax, 6213a. Records, inspection, etc., 61.99. Registration, penalties, 6177. Salesmen not to be deemed ped- dlers, 61.87. Signs to be kept by, 6.198. Penalty for neglect, 6.198. Special excise tax, amount, com- putation, 5980j. Nonpayment a misdemeanor, fine, 5980j. Records, statements turns, 5980k. - Statement to be furnished by, 6197. Tax to be paid by, 6204. - and re- GENERAL INDEX {}IGARS (Cont'd) Internal revenue tax (Cont'd) Notice of business, 6.188. - - Notice to be placed on box, 6203. Offenses, failure to affix labels and no- tice on cigar boxes, 6203. Failure to destroy stamped portion of cigar boxes, fraudulent use of boxes, etc., 6.185. Failure to destroy stamps on empty cigar boxes or selling, giving away, etc., same fraudulently, 62.14. - False stamping, branding, etc., 6202. Frauds in manufacture of cigars On commission or shares, 6209. Fraudulently claiming drawback on manufactured tobacco, 6196. Manufacturer, failure to give bond or obtain certificate, 61.97. Failure to keep books, records, etc., 6200. - - Failure to keep sign, 6.198. Packing cigars in boxes contain- ing false stamps, 6207. Permitting imported cigars to pass out of custody of customs offi- § without payment of taxes, Placing lottery tickets , or inde- cent or immoral pictures in to- bacco packages, 6204. Purchase from manufacturers not paying tax, 6213a. Relanding cigars exported with- out payment of tax, 6.192. |Removal of cigars from manufac- tory without being properly box- ed, stamped, branded, etc., 6207. Selling imported cigars not stamp- ed as required by law, 6212. Packages not to contain indecent or immoral pictures, 6204. Packing, method of, 6174c., 6202, 6202a. Payment, vendee or lessee in certain cases, 6348b. - Peddlers, bond, 6.188. Certificate of authority from lector to do business, 6190. Failure to exhibit certificate as offense, fines, 6190. Forfeitures, Wagon, etc., ure to exhibit certificate, 6190. - Notice of business, 6.188. Peddling tobacco unlawfully, Signs to be affixed on Wagon, Statement to be furnished 6.188. Who regarded as, 6187. Penalties, acts not elsewhere provid- ed for, 6358. Purchasing cigars not branded or stamped, 6213, 6213a. Unlawful peddling, 61.91. col- for fail- etc., 61.91. 6189. by, Permits, removal for exportation, 6192. | Retail dealers, sale from Stamped boxes, etc., 6202. - - Stamps, absence of evidence of payment, 6208. Accounting for, .6205. Affixing, 6174c., 6202, 6202a. Actual maker to affix where cigars are manufactured on shares, etc., 6209. Cancellation, 6174c., 6202a. Commissioner to provide, 6204. Drawback OIO exportation stamped goods, 6.195. Empty boxes to be destroyed, pen- alty for neglect, 6214. Estimated tax on tobacco sold of without, notice of assessment, 6180. - False stamping, 6202. * Fº of, etc., may be changed, 6342. Furnishing, 6205. Imported cigars to be stamped, 6205, 62.11. Loss, reissuance, 6097. Preparation, 6205. * Printing on hand roller presses from engraved plates, 6344. Purchasing cigars not stamped as offense, 6213, 6213a. Rºle when lost or destroyed, Removal of unstamped cigars or using false stamps, 6207. Retail dealers may sell stamped boxes, etc., 6202. non- [Page 2011] CIGARS (Cont'd) Internal revenue tax (Cont'd) Stamps (Cont'd) - Selling imported cigars not stamp- ed as offense, 6212 Sold under distraint, 61.78. Tax extended to those produced any- Where in the United States, 6350. Transportation in bond, 6.193. Wholesale dealers, agents not to be deemed peddlers, 6187. Peddlers, not to be deemed, 6187. Salesmen not to be deemed ped- - dlers, 61.87. Withdrawal, from bond for exporta- tion without payment of tax, 61.92. From manufacturing warehouse with duties and tax, 5672. {}|{{PHER, CODES Possession by alien enemies, 7615. {{IRCUHT COURT COMMISSIONERS See United States Coºvºmissioners. CIRCUIT COURTS See Circuit Judges ; District Courts : Hawaii ; United States Coºnºmission- €7°S. Abolished, 1266. Powers and duties of, trict courts, 1268. Rººs transferred to district courts, 266. - imposed on dis- Suits pending in to be disposed of in district courts, 1267. United States Commissioners, increase with reference to civil rights, 3936. CHRCUIT COURTS OF APPEALS Clerks, see Clerks of Courts. . . Judgments, see Judgments and De- C7'636 S. General provisions, 1107-1126. Adjournment of courts to other places in case of epidemic disease prevailing, 1. - Allotment of chief justice and associate justices to cireuits, 1111. Appeals, allowance, 1124. In bankruptcy cases Court, 1229. Bonds, 1651. From courts of Virgin Islands, 3924%b. District courts, 1646. Alaska, 1125, 1126. Hawaii, 1120. Panama Canal Zone, 10045. Penalties and forfeitures under merchant seamen shipping laws, from to Supreme 90. Porto Rico, 1120, 3803r. Jurisdiction, 1120. - Bankruptcy act, 1122. Judgment on award in arbitration between carrier and employees, 8673(2, 3). Place of hearing, 1118. .Procedure, 1646–1673. * In forma pauperis, 1626. Laws governing appeals to, 1651: In proceedings for injunctions and receivers, 1121. Record, printing, 1656. Subject to same rules as writs of error, 1673. From Supreme Court of Hawaii, 1126a. From Supreme Court of Porto Rico, 1126a, 3803rr. To Supreme Court, 1218. Time for taking, 1228a, 1647, 1648. From United States Court for China, 1123, 7689. Bailiffs, 1119. - Compensation, 1410, Bankruptcy, review by Supreme court, 11.20a. Certified questions to Supreme Court, 1216. Certiorari, from supreme court, 11.20a. Enforcement of Clayton Act, 8835.j. Circuits, 1107. Clerks, see Clerks of Courts. Court rooms, 1119. Courts of record, 1108. Criers, 1119. Compensation, 1410. Establishment, 1108. Federal Reporter and digest for, 1206. Federal Reserve Board, enforcement of orders made to carry out Clayton Act, 8835.j. - r Federal Trade Commission, enforcement of orders, Clayton Act, 8835i. [References are to sections, except where otherwise indicated.] CIRCUIT COURTS OF APPEALS (Cont'd) - Federal Trade Commission (Cont'd) Enforcement of orders, precedence over other cases, 8836e. Procedure, jurisdiction, etc., 8836e. - Fees, 1376. - Tº: of, revision by Supreme Court, Finality of decisions, bankruptcy, com- 1120 carriers, injuries to employés, a. Interstate Commerce Commission, en- forcement of orders made in proceed- ings to carry out Clayton Act, 8835.j. . Judges, additional, appointment, 1110. Citation in error, 1658. District judges, 1112: Holding district court, 1109. Number, 1108, 1109. Presiding judge, 1112. Quorulan, 1108. Residence, 1109. Salaries, 1109. Service in district courts, 1109, 1110. Supreme Court reports for, 1203. Judgments and decrees, when final, 1120, 1125. - - Jurisdiction, bankruptcy controversies, 608. Federal Trade Commission orders, en- forcement and review of, 8836e. Review of proceedings to enforce Clayton Act, 8835.j. Justices, allotted to circuits, how desig- nated, 1113 Libraries, Supreme Court reports for, 04. Marshals, 1115. Compensation, Messengers, 1119. Compensation, 1410. Eighth circuit, appointment, 1340. To perform duties of librarian and crier, 1340. Preference of cause, cases arising under Clayton Act, 8835.j. Process, forms, 1114. Re-examination after jury trial, restric- tions (Const. am. 7) Remand, 1670. Rules, 1114. Seals, 1114. - Subpoenas to witnesses in claim proceed- ings before Executive Departments or Bureaus, 266, 268. Terms, 1118, 1118a. Adjournment of, to another place in consequence of contagious disease, etc., 9181. - Trade-mark suits, jurisdiction, 9502. Transcript of record on appeal to, or writ of error from, 1656. Under Clayton Act, judgment to be final, 8835.j. Writs, form of, 1114. Power to issue, 1239. Writs of error, citation, 1658. Courts of Virgin Islands, 39.24%b. District Court of Alaska, 1125. Where heard, 1126. Issue oy clerks, 1663. Jurisdiction, 1120. Laws governing, 1651. Place of hearing, 1118. Supreme Courts, Hawaii. 1126a. Porto Rico, 1126a, 3803rr. Time for taking, 1228a, 1647, 1648. CIRCUIT JUDGES See Hawaii. Designation of district judge to act in case of accumulation of business, 981. New appointment and revocation, 983. Designation of judge, to act for district judge interested, etc., 987. To act in case of disability of district judge, 980. To act in Court of Customs Appeals, 1179. 1410. To aid other judge, 984. To hold district court, 985. Injunctions, grant of, 1241. Against enforcement of state statutes, etc., number hearing and concur- ring, 1243. Oath, 1234. Orders for division of business in districts having more than one judge, 990 Security for peace and good behavior, power to hold to, 1247. Traveling expenses, etc., 1236. * GENERAL INDEX CIRCUIT JUSTICES Appointment to fill vacancies in office of district attorney or marshal, 1318. - Approval of bond of marshal appointed to fill vacancy, 1318. - Designation for hearing anti-trust causes, 8824. Designation of circuit judge to hold dis- trict court, 985. Designation of district judge to act in case of accumulation of business, 981 New appointment and revocation, 983. Designation of other judge in case of dis- ability of district judge, 980. - Designation to act for district judge in- terested, etc., 987. Injunction to stay proceedings on distress Warrants against delinquent collectors, etc., 6636. Traveling expenses, 1236. CIRCUILARS Addresses on unsealed circulars, 7331. I)efined, 73.16. - Nonmailable matter, advertisement of in- toxicating liquors intended for pro- hibition states, 10387a-10387e. etc., Violation of Espionage Act, 10401a- 10401(i. . Third class mail matter, 7315. CIRCULATING NOTES See Federal Reserve Banks ; National Banks : Treasury Notes ; United States Notes. Internal reven we taa: on, see Banks and Bankers. - Silver certificates, see Silver. Offenses, circulating bills of expired banks, 10344. g Counterfeiting, forging, etc., 10317- 0348. Foreign banks, 10328. - Fraud, promotion by use of mails, 10385. Imitating national bank notes with advertisement thereon, 10345. Included in phrase “obligation or oth— er security of the United States,” 10317. Possession of counterfeit foreign se- curities, 10330. Taking impressions of tools, ments, etc., 10322. Uttering counterfeit notes of foreign banks, 10329. CIRCUS Special excise tax, amount, 5980g. Liability for one tax in each state, 5980g. imple- Nonpayment a misdemeanor, fine, J. IRecords, statements and returns, 5980k. What regarded as, 5980g. CITATION Writ of error, 1658, 1659. CITIES AND TOWNS - See Municipal Corporations ; Toºwºn- Sites. GITIZENS See Aliens ; Foreign Corporations ; Naturalization ; Negroes. Women, see Women. General provisions, 3946–3964. American women marrying foreigners, re- sumption of American citizenship, 3960. Arrest as foreign seamen, discharge, 7631. Children, of alien parents, 3962. Of citizens born abroad, 3947. Of citizens born abroad and continu- ing to reside abroad, declaration of intention, 3963. Of naturalized persons, 4367. Chinese, not to be, 4359. Citizenship, 3946–3964. - Certificate, engraving, selling, etc., counterfeit plates, 10243. Forgery, 10242. To seaman, 8375, 8376. False claim of, 10247. - Forfeiture of, desertion, 3952. Not to apply in time of peace, 3954. Remission of right, 3954. Removal of disabilities from loss of, act not to affect forfeiture of pensions, 9082. Naturalized persons (Const. am. 14, § 1). Porto Ricans, 3803bb. IPage 2012] CITIZENS (Cont'd) Citizenship (Cont'd) Proof of, in Iocations of mining claims, 46.16. Affidavit, before whom made, 4617. Who entitled to (Const. am. 14, § 1). Civil rights, action for deprivation of, 3932, 3933. Clerks at embassies and legations, 3133. Consular officers to be, 3142a. Consuls general, etc., to be, 3142a. Death abroad, duty of consular officers as to estate, 3.162-3164. Notice of death, 3163. Will, 3164. Declaration of intention, children of citi- zens living abroad, 3963. Passports to be issued to persons mak- ing, 3958. Diplomatic Officers not entitled to com- pensation unless, 3203. Duplicates of evidence, registration, etc., §º." filed with Department of State, Bºyes of census office required to be, Equal rights, inns, conveyances, theaters, etc., 3926–3930. - In states and territories, 3925–3933. Examination and seizure of suspected vessels of, 4347. Expatriation, claims of foreign allegiance disavowed, 3955. - Passports to be issued to persons de- claring intention, 3958. Presumptions as to naturalized citi- Zens residing in foreign state, 3959. Repatriation, procedure, 4352(12). Foreign women marrying citizens, 3961, 4289%jj. Hawaiian resident, 3647. - Immunities and privileges (Const. art. 4, § 2, cl. 1). Abridgment prohibited by (Const. a.m. 14, § 1), p. lviii. Indians, living apart from tribe, 3951. Mººse of woman, to white man, States Preference in police, etc., Stockbridge Munsee Indians, 3950. Jurisdiction of suits, between citizens and foreign states, citizens or sub- jects, 991(1). Between citizens of different states, 991(1); (Const. art. 3, § 2, cl. 1). Jurors in Porto Rico, 3803s. Jurors not to be disqualified by reason of race or color, 3929. Mºnºcturers of Smoking opium to be, 287a. Military duty, 1714. National banks, 991 (16). Naturalized citizens in foreign states to receive protection, 3956. . Naturalized persons (Const. am. 14, § 1). Officers of vessels of navy to be, 2599. Passports, 7623–7628. * Departure from or entry into U. S. without passport, 7628f. Acts prohibited, 7628e. Definitions, 7628h. Proclamation of President, 7628e. Punishment for violations of act, 7628g. To persons making declaration of in- tention, 3958. Patents for invention, extension of time for filing application limited to, 9438b. Penalties, building, navigating, etc., ves- sels of, employed in cooly trade, 43.44. Transporting coolies, etc., 4345. Persºorn in the territory of Oregon, employment of Indian 201. 949. - In the United States, 3946. Philippines, 3809. Coal lands, entered by, 3863. Mºral lands, may be entered by, Proof of citizenship by lode claimant, 3845, 3848. Porto Rico, 3803bb. Officers to be citizens of United States, 3803d. Qualifications, 3754. Residents part of body politic, 3754. Privº mºmmunities (Const. art. 4, , cl. 1). - Abridgment prohibited by states (Const. am. 14, § 1). [References are to sections, except where otherwise indicated.] CITIZENS (Cont'd) Release of citizens imprisoned by foreign government, 3957. - Removal of causes between citizens of different states, 1010. Suffrage, abridgment because of race, col- or, or previous condition of servitude prohibited (Const. a.m. 15, § 1). Suits, finality of judgments of circuit Courts of appeals, 1120. United States, consuls general, consuls, Vice consuls and consular, agents to be, 3142a. - United States Shipping Board, who are under act, 8146aa. 8146aa, Appendix p. 1789. Vessels of United States must be owned and commanded by, 7707. Suspension of provision requiring that Officers should be citizens, 7707 a. Vessels owned by, engaged in the cooly trade, 4343. Foreign built steamships owned by, 0. Lººses for lighterage in Philippines, 914 Not to be built, or equipped for trans- porting coolies, 4342. Only entitled to sea-letters, 7776. When entitled to registry, 7709. Voting, right to vote in any State or Ter- ritory without distinction, etc., 3966. Territorial election, qualification of voters, 3449. - War, expatriation disallowed, 3959. Who are (Const. am. 14, § 1). Women, married to citizens, 3948. CITIZENSHIP ACT See Citize??.S. Text of act, 3958–3964. CHTIZENS” RIGHTS ACT See Citizens. Foreign States, 3955–3957. CIVIC LIEAGUES Income tax, exemptions, 6336|K[a]. CHVIL CAUSES See Alction. CIVIL EMPLOYMENT Army officers prohibited, 1995. Navy officers prohibited from holding dip- lomatic or consular offices, 26.12. CIVIL ENGINEER CORPS See Engineers. CIVIL ENGINEERS See Engi?teers. CIVIL RELIEF Soldiers and sailors, 30.78%a-3078%.S.S. CIVIL RIGHTS See Conspiracy. Title relating to, 3925–3945. Action for deprivation of rights, 3932. Election of remedy, 3927. For neglecting to prevent conspiracy, 3934 Apportionment of representatives in Con- gress, reduction, 20 Army or Navy Officers prescribing qualifi- cations of voters, 10188. Deprivation under color of state laws, lia- bility for, 3932, 10184. - Pºy marshals to prosecute violations, District attorney, etc., to prosecute viola- tions, 3935 Election laws, violation, additional pun- ishment, 10190. IElective franchise, 3965, 3966. Employment of land and naval forces in aid of civil rights, 3943. Equality of property rights, 3931. Equal rights of all persons, 3925. In inns, public Conveyances, theaters, * etc., 3926. Duties of district attorney, for failure, 3928. Election of remedy for violation of act, 3927. & Jurisdiction of prosecutions, 3928. Officers required to institute pro- ceedings, 3928. Penalty for violation of act, 3927. district attorneys, marshals and clerks, 3940. . Pºns appointed to execute process, penalty Fees, Insurrection, violence, etc., to deny any Class of people of, to be suppressed by land and naval forces, 101.41. Interference with election officers by Army or Navy officers, 10189. GENERAL INDEX IPage 2013} [References are to sections. except where otherwise indicated.] CIVIL RIGHTS (Cont'd) Intimidating voters by Army or Navy of— ficers, 10187. Jurisdiction of district courts, 991(12, 14). Jurors, conspiracy to intimidate, 3933(2). Not to be excluded on account of race or color, 3929. Marshals, refusal to obey warrants, 3938. Refusal to prosecute violations, 3935. Refusal to receive warrants, fine, 3939. Obstructing justice, 3933(2). Occupying claimants, remedies, 1541. Officers, conspiracy to prevent from forming duties, 3933(1). Party, conspiracy to intimidate, 3933(2). Peonage abolished, 3944, 3945. President, power to appoint land and naval forces in aid of civil rights, 3943. Process, liability of marshal, etc., for re- fusing to receive or execute, 3939. Remedies of occupying claimants, 1541. Removal of causes against persons denied rights, 1013. - Special session of court may be held for trial of cases against, 3942. Speedy arrest and examination of offend- ers, and additional commissioners there- for, etc., 3936, 3937. Speedy trial, 3942. Treaty, provisions respecting, in certain foreign countries, execution of by min- isters and consuls of United States, 7635. United States commissioners, appoint- ments of persons to execute War- rants, etc., 3937. Number to be increased with reference to civil rights, 3936. To prosecute violations, 3935. Unlawful presence of troops at polls, 10186. Warrants of commissioners, where to run and be executed, 3937. Witness, conspiracy to intimidate, 3933(2). CIVIL RIGHTS ACTS See Civil Rights. Text of act, 991, 1013, 1014, 1018, 1542, 3926– 3931, 3935–3938, 3940–3943, 3946. CEVIL SERVICE (See Civil Service Com/mission. Agºatment and promotion of officers, 78. per- Apprentices in bureau of standards, ap- proval of promotion, 927a. Army officers not to hold civil office, 1993– 1995 - - . Bureau of Efficiency, information furnish- ed to by executive departments, etc., 3286i. Investigations, classification, etc., of ºyes of departments, etc., 3286j. Duplication of service in Depart- ments, etc., 3286k. Methods of examining and audit- ing claims against United States, etc., 3286e. - Methods of transacting public business in Commission, 32869. Rates of pay of employés of states, etc., 3286h. Work of subtreasuries, 3286ſ. Bureau of War Risk Insurance, 514ll. Clerks, classification of, 3277. Immigration officers, clerks, and em- ployés, 4289%00. Coercion prohibited, 3272. Commissioner and Deputy Commissioner of Naturalization, appointed under, 962. Details, persons in classified service for sºice outside of District of Columbia, 52a. r . Efficiency ratings, 3285. Employés, appointment, notice, 3272. Census office, 914. Classification of, 3277. Federal Reserve Board, rules inappli- cable, 97.94 (L). Immigration, 4289% oo. Office of supervising architect, 6795. Outside of executive branch not in- cluded, 3278. Transfer from one department, etc., to another, 251a. United States Tariff Commission, 5326b. Employés’ Compensation Commission, gov- erned by, 8932p. - Examinations, 3272. Census Office, clerks and employés, 919. Non-competitive, 3272. Oath of residence, 3272. Place, 3274, 3284, 3284a. Time for holding, 3274. etc., CIVIL SERVICE (Cont'd) Examiners, chief, employment, duties and Salary, 3274. Selection, 3274. Federal Farm Loan Board, employés not Subject to, 9835b (9). Federal Trade Commission, certain em- ployés subject to, 8836b. Immigration, officers, clerks and employés Subject to, 4273, 4289% oo. Indian inspectors to be included, 3987. Inspectors of locomotive boilers, 8633. 8633, Appendix p. 1794. - Laborers, placed in, outside of executive branch not included, 3278. Promotions without examination, 798. Members of Same family, restrictions on appointment, 3281, 3284. - Navy, officers prohibited from holding dip- lomatic or consular offices, 26.12. Oath of office, 3216. Pension roll prohibited, 3266. Political contribution by employés pro- hibited, 3272. - Preference to persons honorably discharg— ed from military and naval service, 3214. Promotion of apprentices in bureau of Standards, 927a. Regulations for appointment, 3213. Removals, 3287. Right of petition, 3287. Rural post road employés subject to, 7477h. Technical experts of supervising archi- tect’s office not in, 358. Tuberculosis, bar to appointment, 3284. United States Shipping Board, certain em- ployés subject to, 8146bb. CIVIL SERVICE ACT See Civil Service. Text of act, 3271, 3272, 3274-3278, 3280–3282, 10288–10292. CIVIL SERVICE COMMISSION Aºmodations, Stationery, etc., 9. 4. Accounts, Auditor’s examination, 420. Appointment, removal and salary, 3271. Approval of promotions, apprentices in bureau of standards, 927a. Division of efficiency, establishment and duties, 3286b. Limitation on compensation, 3286b. Nº. changed to bureau of efficiency, C. Documents allotted to, Congressional Rec- ord, 7090. Official Register, 7092. Pamphlet copies of statutes, 7071. Statutes at Large, 7072. - Efficiency ratings for classified service, 3285, 3286b. Duties, transfer to bureau of efficiency, 3286d. Messenger, employment and salary, 3274. Powers and duties, 3272. Administering oath, 3273. Employment of chief examiner, 3274. Preparation of rules, 3272. - Punishment for violation of duties by, Reports, 3272, 3286, 3286a. Number of copies, distribution, 7065. Secretary, appointment and salary, 3274. sºgrapher, employment and salary, CIVIL SERVICE EXAMINATION IN STATE OF DOMICILE ACT See Civil Service. Text of act, 3284. CIVIL WAR See Pensions. Certificate of discharge in lieu of lost or destroyed certificate, 620. Claims arising out of, jurisdiction of court of claims, 1136a. Contracts for collecting money and prop- erty of late confederate states, 6952. Officers and soldiers who served in, en- titled to benefits of National Home for Disabled Volunteer Soldiers, 9260, 9262. Soldiers and sailors, homestead, 4592. CLAIM AGENTS See Pensions ; CLAIMANTS See Occupying Claimants. CLAIMS - See Court of Claims ; Cowrt of Pri- 'vate Land Claims. By or against United States, see Unit- ed States. for, TWar Risk: Inswrance. CLAIMS (Cont'd) Mining, see Miners, Mining, Minerals Mineral Lands, Resources, and Claims. - Refunds and remissions of taazes, etc., See Refunds ; Remission. Against Indians, withholding of allot- ment of tribal funds to Indians, 4078. Bankruptcy proceedings, proof and al- lowance, 9641. Collisions with river and harbor improve- ment vessels, settlement, etc., 9899. Compensation to injured employés, 8932ii, 8932j, 8932jj. Effects of deceased persons in naval Service, 2980a. General welfare clause not to prejudice United States or state (Const. art. 4, § 3, cl. 2). * Goods transported by interstate carrier, 8604hh-8604.j. Internal revenue, redemption of stamps, decision to be final, 6346, 6347. Refundryment of internal revenue tax- es, limitations, 5951. Patents, notice of rejection and re-ex- amination, 9448. Requisites, 9432. Fººds of sales of burnt timber, 4995, 96. CLASSIFICATION Clerks, Executive Departments, 242. Post-offices, 7231. First and second class, 7236. Consuls, 3130b. Consuls-general, 3130b. Employés in post-offices, 7231. False classification, etc., to obtain trans- portation for property at less than reg- ular rates prohibited, punishment, 8574. Federal controlled transportation sys- tems, 31.15%j. Fourth-class mail matter, readjustment, Indian lands, 5017. Mail matter, 7302-7344. Merchandise, review by Court of Cus- toms Appeals, 1186. Mineral and agricultural lands in Ala- bama, 4655–4657. - . Naval “vessels, 2768. Ocean mail vessels, 7532. Phosphate or oil lands in Idaho, 4865. Physical valuation of property of com- mon carrier, 8591. Postmasters, 7189. Property for transportation, common car- riers to establish and observe, 8563. Railway postal clerks, 7509, 7510. Railway post office, etc., 7510. Secretaries in diplomatic service, 3130b. Senators (Const. art. 1, § 3, cl. 2). Wines for purpose of internal revenue tax, 6110b [a]. CLASSIFIED SERVICE See Civil Service. CTAYS - Customs duties on, 5291ſ/6). CLAYTON ACT See Monopolies. Anti-trust Act, 1243a–1243d, 8602a, 8835a–8835p. CLEARANCE OF WESSELS See Manifests. Blank clearances sold by collectors and 1245a-1245e, surveyors, 5388. Bonds, from armed vessels on clearing, 10180 That cargo shall not be used in aid of insurrection, 10163. Bullion, coin, etc., conveyance of for United States by vessels of United States, 7795. Certificate, as to effects of deceased sea- men required, 8328. Form for trade on northern, etc., frontiers, 5836. Clearance papers not to be delivered un- til. Compliance with immigration laws, 4289%d, 4289%ee, 4289%h, 4289%j, 4289% ss, 4289%t. List of crew is furnished, 8364-8366. Oath as to letters is made, 7472. State inspection laws have been ob- served, 7794. Statements under trading with enemy act, 31.15%g, 31.15%gg. Vessels having on board cattle, etc., for export are provided with inspec- tor’s certificate, 8681(12). GENERAL INDEX [Page 2014] [References are to sections, except where otherwise indicated.] CLEARANCE OF WESSELS (Cont'd) Clearance papers not to be delivered un- til (Cont'd) Vessels having on board meats for exportation , are provided with cer- tificate of inspection of cattle, 8681 (15), 8709. Countersigned by naval officers, 5364. Crew to have qualifications required be- fore clearance granted, 8363a. Departing for ports where no custom- house, 5830. Diplomatic and consular fees, to be annexed to, 7798. Discrimination against American citizens during foreign war, refusal to grant, copy of 8836r. United States during foreign war, re- fusal, 8836r. Exemption from fees of vessels in tri- weekly foreign trade, 5489. Exporting cattle, refusal of clearance for failure to provide accommodations, 8656. IExports in time of war, 7678c. Fees, 8136-8.139. Collectors, 5393. Ferry boats exempt, 5489. Foreign vessels, deposit of mail in post office, 7543. Forging or altering, 10240. Form, 7793. Manifest on departure of vessel, 7791. In Surrection, bond that cargo shall not be used in aid of, 10163. Refused when bound for insurrection- alry ports, 10162. Licensed yachts not required to clear, 7804. Live-oak timber, vessels laden with, 4982, 7796. Manifests, see Manifests. Military forces, use authorized to pre- vent departure without clearance of certain vessels, 8836r. Naval forces, use authorized to prevent departure, without clearance, of cer- tain vessels, 8836r. Northern, etc., frontiers, licensed ves- sels exempt from fees, 5490. Oath of master accompanying manifest, 7790. Payment of fees, 7797. Production before foreign consul before delivery of papers, 7802. Hefusal, discrimination against American citizens during foreign war, 8836r. Discrimination against United States during foreign war, 8836r. Neutrality violations, 10182b, 101826, 10514a–105.14d. To vessel refusing to accept trade, 8146;r. Trading with enemy, 31.15%g, 31.15%gg. Shipping articles to be presented at of fice of clearance, necessity of compli- ance with act relating to advances and allotments of wages, 8323. Ship’s papers returned to vessel upon, 54.87 state’ inspection laws observed before, 7794 States, limitation on powers (Const. art. 9, cl. 6). Steamboats on Lake Champlain, 7799. Surveyors at certain ports, 8094. United States and noncontiguous ter- ritories and possessions, 3523: . Trade between Philippines and United States, 3905. vessels carrying passengers from Unit- ed States, 8013. CLEARING HOUSE ASSOCHATIONS Certificates deemed lawful money, 9747. Cotton futures tax, records and returns, 6309 m. Federal reserve banks, charges, 9799012). For member banks, 9799(13). C.H.ERGYMEN tº º See Ministers of Religion. CLERYCAL ERRORS Suspended entries of public lands, 5113. CLERRS See Chief Clerks ; Civil Service ; Clerks of Court, Court of Customs Appeal; District Courts : House of Represen- tatives ; Law Clerks : Leave of Alb- sence ; Supreme Court of United States. Postal service, Service. Stenographic clerks, see Stenographers. TWomen as, see Women. geºverally, see Postal CLERKS (Cont'd) Adjutant’s office at military academy, pay, 2275. Agricultural Department, chief clerk, sal- ary, 793. Deputy disbursing clerk, bond, etc., 796 Disbursing clerk, 796. Employment for rural post road pur- poses, 7477h. Air craft board, 3115*/s,e. Allowance for, disbursing officers, 6657. Distributing or separating offices, 7269. Army, pay, 2159. Pay in Philippine service, 2097a. Assault on railway postal clerk, 10363. ASSay offices, 6532. Boise City, etc., bonds and oaths, 6533. New York, appointment, salary, 6529. Salaries, 6532. Assistant treasurers, 6591-6601. Eoston, 6591. New York, 6593. authority, • Auditing accounts of Military Establish- ment at places other than seat of gov- ernment, 420a (d). Boards of inspectors of steam vessels, 8170a, Appendix p. 1792. Bºº. inspectors, 8632, 8633, Appendix p. Bºº. financial clerk of patent office, a. Bureaus, Animal Industry, appointment and salary, 850. Children, 966. Corporations, transfer to Federal Trade Commission, 8836c. Foreign and Domestic Commerce, 875. Light-house inspectors, clerks, and employés, 896. Navigation, 895. Standards, salaries, 925. War Risk Insurance, 514kkk, 514ll. Census office, 913. Aſſional during census period, 915, Examination for appointment during census period, 919. Chief inspector of locomotive boilers, 3632. Civil pension or honorable service roll prohibited, 3266. Civil relief to civilian clerks on duty with military forces, 30.78%a-307844ss. Civil jºice, appointment and promotion, 78. Classification under Civil Service laws, 3277. Coast and Geodetic 8561a. Coast Guard, administrative service, 8459 %a (4). Commercial attachés, 854a. Commissioner of internal revenue, addi- tional for collection of income tax, 364a, Commission to investigate issuance of Stocks and bonds by railroads may em- ploy, compensation, 8602. Committees of house of representatives, Compensation, time of beginning, 72. Compensation, allowance for extra serv- ices prohibited, 3233. Comptroller of currency, list of, for offi- cial register, 7127. Consular officers, assistants, 3142. Contributions, presents, etc., to superiors, prohibited, 3264. Customs, appointment at ports tempora- rily established in case of insurrec- tion, 10156. Appraiser’s office, Boston, 5329. New York, 5332. Philadelphia, 5333. Lists furnished by customs officers, 5383. Nºwork Inot to engage in business, 5630. Oath of office, 5350. Oaths administered by, 5502. Department of agriculture, 838a. Department of Commerce, 854. Transferred from other departments, 861. Department of Justice, general provisions, 526 Survey, salaries, estimates, Department of Labor, 933. Department of War, designation to sign official papers, 315a. Detail of clerks at headquarters, military departments, etc., to bureaus in War Lepartment, prohibited, 317. 317, Appendix p. 1737. CLE RECS (Cont'd) Detail of persons in classified service at Washington for service outside of DiS- # of Columbia, 252a, Appendix p. Disbursing clerks in departments, ab- sence, acting officer, 6614. District attorneys, southern district of New York, 1439. Division of venereal diseases, 9188% (c), Appendix p. 1797. Embassies, citizenship, 3133. Employés Compensation Commission, civ- il service, 8932p. Executive clerks, salaries, 227. To President, appointment, 227. To sign land patents, 697. Expenses of, sent away as witnesses, 1455. Extortion by, 10253. - Federal Farm Loan Board, employment, compensation, etc., 9835b (9), 9835bb (3). Federal Reserve Board, 97.94(L). Federal Trade Commission, employment and compensation, 8836b. Fees, marshals, 1422. - First and second class post offices, hours of labor, overtime, Sunday work, etc., 7238, 7239. Leaves of absence, 7241. Substitutes, 7245. Fish Commission, estimates, 6727. Government printing office, 7013. Plºt furnished for official register, 7 House of Representatives, see House of Representatives. Indian affairs, allowance for expenses when detailed on special duty, 4024. Indian trader, white clerk not to be em- ployed, 4130. Inspectors of steam vessels, 8168, Appen- dix p. 1791. Interior department, 669-674. Detail of to house committees, 674. Education, 669. General land office, not to purchase, etc., public lands, 698. Patent Office, 736–760. Pension Office, may be detailed to if- vestigate frauds, etc., 9073. Returns Office, 761–764. Internal revenue, appointment to carry out opium registration act, 6287p. Land offices, allowances for, consolidated offices, 4512. - Legations, qualification, 3133. - Library of congress, employment by su- perintendent of library building and grounds, 134. Lighthouse service, administering oaths to travel accounts, etc., 3262a. Marine Corps, assistant paymasters’ clerks, 2916. Marshals, disqualification as United States commissioners or receivers, 1334. Medical reserve corps, restoration to duty after service with, 32.15a. Members of House of Representatives, compensation, 75. Who are chairmen of committees, compensation, 76. Mints, 6441. Bonds, 6438. Denver salary, 6423. Oaths, 6437. Salaries, 6435. Money order clerks, compensation, 7559. National guard, restoration to duty after service with, 32.15a. National, parks, powers, oaths to expense account administered by, 3262. Naval officers, 2490. Navy department, 614. Discontinuance of civil officers, 2569. When entitled to bounty-land, 4837– 4839. Navy mail clerks, 7256, 7257. Oath of office, power to administer, 3220a. Ocean mail vessels, 7539. Officials retired from active service, com- pensation prohibited, 3243a. Patent office, financial clerk, 739a. Paymasters of Navy, 2534–2536, 2554b. Political contributions to, 10291. Postal savings depositories, additional bonds, 7591. Postal service, compensation of substi- tutes, 7247. Employment on Sundays or holidays, 7239b, 7239c. Substitutes for clerks subpoenaed as Witnesses, 7246. GENERAL INDEX [Page 2015] IReferences are to sections, except where otherwise indicated.] CLERRS (Cont'd) * Postmaster general, first assistant, ap- pointment and assignment, 7231b. Post office department, readjustment in salaries, 57.2a. Post-offices, 572. Allowances for, 7230, 7269. Appointment and assignment, 7231b. Classification, 7231. Compensation, 7231. Messenger services, 7506a. . Contracts for carrying mail, messen- ger service may be performed by those of third and fourth classes, 7506a. T-- Not to be interested in, 7216. Detail of postal clerks to Washington, 580. Estimates of appropriations, 6709. First and second class, excess of hum- ber for particular grades, 7236a. Grades, promotions, etc., 7236. Issuance of money orders, 7556. Official register, names not to appear in, 7128. Promotions, 7231, 7513. Rosters, 7231. Special clerks, eight hour day, over time, compensatory time for Sunday work, 7238a. Third class offices, 7237a. Postmasters on leave without pay for military purposes, 7231aa. Topographer’s office, pay-rolls of, 600. Public buildings, reports in estimates, limitation, Public printers’ office, 6983, 7013. Quarter master's clerk, temporary ap- pointment, 2554b. Railway postal clerks, 7509–7523. Assault on, 10, 363, Reports of registers and receivers of ex- penditures for, 4479. Returns of fees, fees not earned but due not included, 1397. Rural free delivery service, classification, compensation, 7294. Rural post roads, employment by secre- tary of agriculture, 7477h. Sea-post clerks, compensation for death, 7540. - Disability allowance, 7540. Foreign mail, etc., 7540. Shipping commissioners, 8287, 8294. State department, clerk to Secretary, sal- ary, 297. Disbursing clerk, 290. Appointment of chief of bureau of accounts as, 291. Fºign trade and treaty relations, Law clerks, 295. Salaries, 297. Superintendent of documents’ office, 6983. Supreme Court reporter, 1202. Surveyors-general, allowances for, 4460. Transfer between offices, 4460a. Territorial, district court, fees, 3461, 3462, 3471. Legislative Assembly, 3451. Supreme Court, 3460. Fees, 3471. Town site trustees in Oklahoma, 5035. Trading with Enemy Act, 31.15% co. Transfer from one department, etc., to another, 251a. . District of Columbia, 251c. Transfer to Labor Department, 936. Treasury department, 352–378. Bureau of Mint, 509. Chief serk, Comptroller’s office, 413, 414. Internal Revenue Bureau, 491. , Compensation, temporary, 376. Delegation to sign warrants, 380. Disbursing clerk, bond, 354. Deputº, authority to sign checks, Bond, 354. Liabilities and penalties, 354. Misconduct, 354. Salary, 354. Salary, 354. - Employment by Comptroller of Cur- rency, 500. Law clerks, 359. cºntroller's and auditor’s ‘offices, 415. Office of commissioner of internal rev- enue, 364. Postal savings system, 360, 361. CLERKS (Cont'd) Treasury department (Cont'd) Redemption of national bank notes, Restrictions as to engaging in certain trades and business, 378. Temporarily employed, compensation, Unauthorized offices, employment prohib- ited, 3225. United States judges, disqualified as Unit- ed States commissioners or receivers, , 1334. - United States. Shipping board, employ- ment, 8146bb. United States Tariff Commission, employ- ment, 5326b. War department, armories, pay, 3080, 3082. CLERKS OF COURTS Accounts, certified to by district judge, 1416. Examination by, Attorney-General, 543, 1415. Auditor, 419, 420. Moneys remaining in court, 1326. Proof, approval, revision, 1417. Rendition of, 433. - Affidavits, citizenship under mineral land laws, authority to take, 4617. Linder public land laws, authority to take, 45.46. Allowance for each year, to be made from fees, etc., of same year, 1413. Approval of bond of bidder on paper for public printing, 6959. Assistants and deputies not to act as at- torneys, 1250, 1251. Attachment duties of, in issuing warrants against property of delinquent postmas- ters, contractors, etc., 1552. Attorneys not to act as, 1250, 1251. Authentication of judicial proceedings un- der full faith and credit clause, 1519. Bankruptcy, cases referred to referees in absence of judge, 9602. Duties, 9635. Bonds, 1322. • In greater amount, when required, 1331. Renewal, 1323a, Appendix p. 1745. Circuit Court of Appeals, appointment, powers, 1116. Bonds, liability for acts of deputy, 1117. Deputies, appointment and removal, 1117. Practice as attorney forbidden, 1250, 1251. Salaries, 1409. Compensation, bankruptcy proceedings, , 9636. Restoration of records lost or destroy- ed in which the United States are in- terested, 1518. - Court of claims, books from library of congress, 139. - Custody of, Federal Reporter and digests, 1206. Supreme Court reports and digests, 12 Declaration of intention to become citizen before, 4352(1). Depositions, de bene esse taken before, 1472. Proceedings before registers and re- ceivers, 4502. Deputies, miſeage, 1390. Oaths, authority to administer, 1337. United States commissioners, not to be, 1333. District courts, accounts in prize Cases, 842ſ) Adjournment for nonattendange of judge, 979. Administering oaths to persons identi- fying papers in admiralty causes, 1330 Appointment, 970. Appointment as master or receiver, prohibited, 1050. Arbitration between carrier and en- ployés, filing award, 8669, 8672(1). Attorneys not to act as, 1250, 1251. Bill of costs of, how proved or allow- | ed by accounting officers, 1625. Bonds, 1322, 1323. Filing and recording, 1323. Liability on for acts of deputies, 971. New, 1323. CLERKS OF COURTS (Cont'd) District courts (Cont'd) T}ooks, etc., open to inspection, 1383. Continuance of proceedings on vacan- cy in office of judge, 989. Copy of patent specifications and drawings to be deposited with, 753. Copy of record of lien" on creation of new district, 1042. Death, duties of deputies, 971. Pºitions, de bene esse taken before, Deputies, appointment, 971. Appointment as master or receiver prohibited, 1050. Bonds, 1324. Fees, 1408. Oath, 1321. Particular districts, 1052–1106. Removal, 971. : Residence, 971. Responsibilities for acts of not af- fected by taking bond, 1324. Failure to make report, certificate, etc., 1328, 1329. Fees, 1359, 1375, 1383-1385. Additional compensation in prize causes, 1412. Admission of attorneys, 1384. Amount, 1404. - Attendance in court, 1388. Rule days, 1385. Bill of, how taxed, and when in- cluded in judgment, 1624. Cases where United States liable, how to be paid, 1462. Civil rights cases, 3940. Prize cases, 8420. Prosecution under internal reve- nue laws, 1389. Semi-annual returns, 1394, 1398. Single fees, 1404a. Warrants under interaal revenue laws, 1389. Maximum compensation retained by, 1404a. Mileage, travel expenses, 1390. Oath, 1321. * Oregon, deposit of fines and costs im- posed by United States commissioner in Crater Lake National Park, 5230k. Particular districts, 1052–1106. Alabama, 1052. - Alaska, ex officio registers Nome and Fairbanks, 4520. Arizona, 1053. * - Arkansas, 1056. California, 1405. Colorado, 1344. Georgia, 1062. Hawaii, 3727. Idaho, 1063, 1347. Illinois, 1064. Eastern District, 1349. Northern District, 1407. Indiana, 1065. Iowa, 1066, 1352. Hansas, 1067. Rentucky, 1068, 1355. Louisiana, 1069. Maine, 1070b, 1070d. Maryland, 1071. Michigan, 1073. Minnesota, 1075. Mississippi, 1076. Missouri, 1077. Montana, 1358, 1406. Nebraska, 1079. Nevada, 1405. New Jersey, 1082. New Mexico, 1083. North Carolina, 1085. North Dakota, 1086, 1358. Oklahoma, 1088. Oregon, 1089, 1405. Pennsylvania, 1090, 1361, 1362. Porto Rico, 3785, 3803dq, 3803t. Salaries, how fixed, 3793, 3803t. South Carolina, 1092, 1092a. South Dakota, 1093, 1358. Tennessee, 1094. Texas, 1095, 1095b, 1366. Utah, 1100, 9. Virginia, 1102. - - Washington, 1103, 1358, 1371. Wisconsin, 1105. Wyoming, 1106, 1347. Patents, specifications and drawings, to be placed in office of, 7093. Personal attention to duties, 1332. at. GENERAL INDEX [Page 2016] [References are to sections, except where otherwise indicated.] CLERKS OF COURTS (Cont'd) District courts (Cont'd) Prize cases, duties in, 8420. .. Process served upon in action against Surety company, 3294. Recognizance of special bail de bene esse, 1573. * - Records of bankruptcy proceedings kept by, 9655. - Records of permits for transportation of alcohol to Alaska, 3643d. Records transferred from courts, 1266. Removal, failure to make report, Cer- tificate, statement, etc., 1328. - Reports to, account of moneys receiv- ed, 1399. - Residence, 1332. School districts established by, 3605. Statutes to be delivered to Successors, circuit Transmission of papers on transfer of cause to other division, 1040. Vacancies, failure to give new bond, 1323. • *...* Washington, deposit of fines and costs imposed by United States commis- sioner in Mt. Rainier National Park, 5227k. - Western District of, Montana, deposit of fines and costs imposed by United States commissioner in Glacier, Na- tional Park, 5248k. Writs of error issued by, 1663. Failure to deposit moneys, etc., 10267. Fees, 1383-1385, 4372. . . Accounts of, auditing, 1415. Certified to by district judge, 1416. Proof and approval, 1417. Admission of attorneys, 1384. Allowance made from fees of Same year, 1413. Bringing into court a person in Cus- tody, none to be charged, 1696. Circuit Court of Appeals, 1410. Annual return, 1400. Civil suits instituted for Post-Office Department, how paid, 459. Court of Customs Appeals, into Treasury, 1182. Disposition, 4372. District courts, 1355, 1375. Additional compensation in prize causes, 1412. Amount, 1404. Attendance in court, 1388. Attendance on rule days, 1385. California, 1405. Colorado, 1344. Idaho, 1347. Illinois, eastern district of, 1349. Northern district, 1407. Montana, 1406, 1406a. Nevada, 1405. Oregon, 1405, 1406a. Prosecution under internal revenue laws, 1389. Reports and accounts, 1399. Semi-annual returns, 1398. Single fees, 1404a. Transmission of papers on transfer of cause to other division, 1040. Washington, 1371, 1406a. Exaction of excessive fees as offense, 4377. - How to be recovered, 1463. Liability of informer for, 1617. Naturalization proceedings, enumera- tion, 4352(7), 4372, 4372a. Not to charge for bringing into court person in custody, 1696. Payment, 1462. Purchasing at less than face value, payment 10273. Reports to, accounts of moneys re- ceived, 1399. Returns, 1397. Fees not earned but due to, 1397. Supreme Court of United States, 1411. Annual returns, 1401. - Surplus paid into treasury, 1414. Territorial courts, reports and ac- counts, 1399. United States courts in Alaska, re- ports and accounts of money receiv- ed, 1399. Indices of judgments, 1607. Informers, liability for fees of, 1617. Jurors, Selection, 1253. Loan, etc., from courts, 10268. Lost record of official return, etc., 1517. CLERKS OF COURTS (Cont'd) Mileage, 1383. Not limited to actual expenses, 3236. Travel expenses, 1390. Naturalization, blank forms to be fur- Inished to, 4351. Certificate of citizenship, duplication, 4371 Duplicates of declarations of inten- tion, 4371. Forfeiture for failure to comply With act, 4371. Notice of petition to be given by, 4353. Penalty for failure to comply with act, 4371. • * Rºja of order canceling certificate, 374. Reports of persons denied naturaliza- tion, 4371 Rºnsible for blank certificates, Taking oath to declaration of inten- tion, 4352(1). Oath, 1321. - Authority to administer, 1337. Ajºse claimant to mining claim, 24. Offenses, embezzlement of funds received in naturalization proceedings, 4376. False certification, etc., of appearance, oath, etc., in naturalization proceed- ings, 4378. Penalties, failure to comply with natu- ralization act, 4371. Records of bankruptcy proceedings kept by, 9655. Rººts. accounts of moneys received, 399. Search warrants, filing warrant, return etc., 10496%q. Subpoenas for witnesses issued by, in claim proceedings before executive departments or bureaus, 266, 268. Patent cases, 9451. Proceedings to frauds, 9075. Transcript on Writ of error in capital cas- es, 1703. - TJnited States commissioners not to be, 1333. Writs of error, issue, 1663. CHLHMAX BASIKETS See Baskets ; Penalty ; Weights and Measures. CLOCKS Customs duties on, 52910161). CILOTHING Army, 2178–2183. Allowances, 2190, 2196. Alterations, 2181, 2182. Disposition of proceeds surplus cuttings, 6609a. Gratuitous clothing, 2180. Laundry work, 2183. Loss by soldiers, 2308a, art. 84. Mailing, postage on, 7365. Ordnance, sergeants, 2179. Purchases, etc., not to exceed necessi- ties of year, 6884, 6885. Returns of, 1969. Issue with vouchers, 1969. Sale, pledge or gift by soldiers pro- hibited, 1973, 2308a, art. 84, 6941. Signal corps, purchase, etc., 1867n. Coast and Geodetic Survey, purchase from appropriations, 6774. Enlisted reserve corps, 1892e. Militia, 3059. t Naval militia, 3078a (14). Natives of Pribilof Islands, 8865. Navy, Bureau of Provisions and Clothing, 622-649. - Bureau of Provisions and Clothing, Chief, 637. Chief clerk, salary, 614. Designated bureau of supplies and accounts, 623. Clothing fund consolidated with small stores fund, 6759. Contracts for, 6862. Lost by marines, 6799 (39). Midshipmen, 2749. Naval Reserve Force, 2900% a (18%, 22%, 22%, 26%), Appendix p. 1766. Naval prisoners, 3039, 3040. Outfits to enlisted men on second en- listment, 2887a. Purchases, etc., not to exceed necessi- ties of year, 6884, 6885. determine pension Standards; Of sale of appropriation for, Paroled prisoners, 10542. CLOTHING (Cont'd) Prisoners discharged, 10545, 10557. Reimbursement of lighthouse keepers for gºing furnished shipwrecked persons, 8449. Revenue-cutter service, allowance for en- listed men, 8459%b (39). Purchase for enlisted men, 8459%b (40). Seamen, exemption, 8293. Porfeiture for desertion, 8380. Forfeiture for desertion, disposal of, Vessel to be provided with, 8361, 8362. CLOUD ON TITLE Absent defendants in suits to 1039. CLOVER Importation of seeds adulterated or un- fit for seeding, 8744-8747. Test of seeds, 8741. CLUBS - Canning clubs, excepted from child labor law, 88196. - Income tax, exemptions, 6336k[a]. Internal revenue tax on dues or fees, amount, 6309%b. Collection, 630.9%.c. Exemptions, 6309%b. Returns, 6309% c. Intoxicating liquors, Alaska, 3643ii. District of Columbia, 34.21%.e. (COAL See Coal Heavers ; Coaling Stations ; Coal Lands ; Coal Mines. Import, bonded warehouse for, 5642. Indian reservations, proceeds covered in- to Treasury for benefit of tribe, 4072. Inspection and weighing in District of Columbia, 6838. Panama Canal, 10042. Price regulation, etc., 31.15%q. Purchase for public service, and weighing, 6838. Steam vessels, exemption from duty, 5495. Tºportation for army or navy by sea, 7. Unlading, cargo destined for place oth- er than port of entry, 5472. Time for, 5573. Vessel laden with, consigned “for or- ders,” 5504. - COAL HIEAVERS Navy, pay, 2816, 2855, 2857. COALING STATIONS Obtaining information concerning, 102.12a. United States in Cuba, 7679. COAL LANHDS See Alaska, Philippines. General provisions, 4659–4670. Alabama, agricultural entry, Sale, 4655. Alaska, 5071-5078r. Selection of for fuel for navy, 2804.hh, Appendix p. 1765. Entry, 4659, 4660. Agricultural entry, 4670. Commissioner of General Land Office to make rules, etc., for, 4663. Cººting claims for, determination, Limit of entry by individuals, 4659. Only one entry allowed to same per- son, 4662. Persons entitled, 4659. Preference of entry, certain associa- tions to 640 acres, 4660. Limit of time for presenting claims for, 4661. Limit of time for proof and pay- FQ’ºn OWe, inspection 4670. ment, 4662. Persons opening mines to have, 4660. Price, regulation, 4659. Rights of entrymen under non-min- eral land laws to lands subsequent- ly classified as coal lands, 4665. Homestead entry, etc., with reserva– tion of coal, 4666–4668. Damages from mining to Surface own- ers, 4668. Dispº, Classification as coal lands, Coal deposits, 4668. Entries, application for, 4667. Desert entries, limitation amount, 4666. - , Limitation and condition of, 4666. Prior non-mineral entries, 4666. Lands entered as non-mineral subse- quently classified as coal lands, dis- posal of coal deposits, 4665. Of GENERAL INDEX. [Page 2017I [References are to sections, except where otherwise indicated.] COAL LANDS (Cont'd) Homestead entry (Cont'd) Mining for domestic use, 4665, 4668. Patents, reservation for coal, 4668. Prospecting, 4668. º . . Rights of entry-men, 4665. india.ºervations, disposition of, 4668a- Proclamations of President, 4668a. - Kºs, disposal of as agricultural lands, :004. Limitation of quantity, 4659, 4660. Location by states, 4669. Mining coal, 4669. Missouri, disposal of lands, 4654. Patent, new patents without coal reser- Vations, 4665a. Philippines, 3863-3867. Prospecting for, 4669. Reservation of coal, 45871, 4666–4669. Rights reserved, 4664. sº of isolated and disconnected tracts, Selection by states, 4669. Surveys, 4811. - Time for proof and payment, .4662. COAL LANDS ACT 1See Coal Lands. Text of act, 4659–4664. COAL MINES Accidents, report to 3516. - Child labor prohibited, 35.13. Entry by inspectors, 3515. Escape shafts, 3510. Hoisting apparatus, 3512. Operators of, 3514. Injunction for failure to comply with re- quirements, 3517. Inspectors, accidents, report to, 3516. Appointment, bond, 3502. Duties, 3504. - Extension of time for construction of escape shaft, 3510. Hoisting apparatus, mined by, 3514. Examination by, 3512. Notice to owner of unsafe mine, 3505. Qualifications, 3503. Report of failure to provide shafts required, 3506. Right to enter mines, 3515. Salaries, 35.19. “Owner or manager,” defined, 3518. Penalty for violating requirements, 3508. Regulation by territory, 3520. Shafts, 3506, 3509. Speaking tube, 3511. Ventilation, 3507. as agricultural « » mine inspectors, capacity deter- (COAL OIL Mode of packing for shipment on steam vessels, penalties, 8245–8246. Steam passenger vessels not to carry, 8242. ©OAL-PASSTERS Navy, designation changed to firemen, third class, 27.1.2a. - (COAL TAR, PRODUCTS Repeal of paragraphs 20–23, 1913, reclassification, 5291a. Special duty on, 5291b. COAST AND GEODETIC SURVEY General provisions, 8548–8562. Accº examination by Auditor, 420, Tariff Act Settlement of, 420, 421. Appropriations, 6675. Advances from, 6774a, Appendix p. 1781. Expenditure according to plan sub- mitted by board of officers, 8552. Purchase of provisions, etc., for em- ployees, 6774. Army and navy officers employed in, - 8553, 8558. Allowance for subsistence, 8559, 8560. Assistants transferred to positions of hydrographic and geodetic engineers or junior hydrographic or geodetic engi- neers, 8561a. Charts, distribution to educational in- stitutions, 7146a. Sale, distribution, 7146. Civil relief to members of, 3078%a-307814ss. Collections of minerals, etc., deposit in National Museum, 10576. s - Co-operation with North Ca fish commissioner, 8549, 8550 COMP.ST.’18—127 Olina State COAST AND GEODETIC SURVIEY (Cont'd) - Employes, assignment of pay, 8555. Cumulative leave of absence to of- ficers of field force in Philippine Islands, 8556. - Estimates, 6675. Expenditures, report to Congress, 872. Facilities for research accessible to stu- dents, etc., 9382, 9383. Field officers, appointment, 8562b. Enumeration of, 8562b. Pay, 8562b. Geodetic Engineers, appointment, 8562b. - Relative rank when serving with army or navy, 8562e. Salaries, 8561a. Hospital and ambulance service by hos- pital corps, 2515. - International geodetic association, per- manent commission, right of United States delegate to vote, 8548a. Military survey and maps, 8562g, Appen- dix p. 1794 Mississippi River Commission, ment of member from, 9994. Detail of officers and men to, 9997. Officers, salaries, etc., 8561a. 8561a, Appendix p. 1794. Service on naval courts-martial and deck courts, 2988a. - Open market purchases not exceeding $50, 6836d, Appendix p. 1783. appoint- Publications, printing, 7163. Reports to Congress, 8562. Expenditures, 872. Number of copies, distribution, 7059. Rules governing in time of War, 8562f. Superintendent, assistant superintendent, salary, 8561a. Salary, 8561. Surveys, banks and shoals beyond twen- ty leagues, etc., to be examined, 8551. Coasts of United States within twen- ty leagues, etc., 8548. Continued in Oregon and California, 4821. - In time of war, 8562f. Transfer of instruments to Smithsonian Institution, 10577a. Transfer to Department of Commerce, 857, 859. Transfer to War or Navy Departments in time of national emergency, laws, etc., for government of army or navy applicable to, 8562a. Laws relating to disability, incurred in line of duty, etc., applicable to, 8562d. Military status of personnel, 8562a. Pay and allowances not affected by, 8:562C. Relative rank of personnel, 8562e. Rales, etc., governing in time of War, etc., 8562f. Use of maps, books, apparatus, etc., be: longing to United States; employment of astronomers, etc., 8554. Use of public vessels in actual service, 8557. - COAST ARTILIERY See Artillery. sº Army Mine Planter Service, enlisted men, continuous service, pay, 1731aa, Ap- pendix. p. 1746. Enlisted men, increased pay, 1731aa, Appendix p. 1746. Pay, 1731aa, Appendix p. 1746. Establishment, 1731.a.a., AppendiX p. 1746. Warrant officers, allowances, 1731a.a., Appendix p. 1746. Longevity, pay, 1731aa, AppendiX p. 1746. Pay, 1731aa, Appendix p. 1746. Retirement, 1731aa, Appendix p. 1746. Assistant band leader, 1736a. Engineer, pay, 2144a. Band, 1731a. Leader, 1736a. Number, 1731a. Organization, 1731a. Buglers, number, 1731a. Chaplain, 1868a. Chief, 1727, 1728. Chief loaders, 1731a. Chief planters, 1731a. Composition of company, 1732. Composition of Corps, 1731, 1731a. Cooks, number, 1731a. COAST ARTILLERY (Cont'd) Coxswain, 1731a. Defined, 1729. Detail of sergeants to national guard, 3074a. Engineers, assistant, 1731a. Enlisted men, pay, 2144. General officers, temporary appointments, 2044h. Gun commanders, 1731a. Gun pointers, 1731a. Limitation on number of appointments of increased officers, 1991d. £aterial for militia, 3063. Mechanics, number, 1731a. Mess sergeants, number, 1731a. Navigable waters, regulations to prevent accidents, 9862a. 9862a-9862d, Appendix p. 1798. Observers, 1731a. Organization, 1727. Part of regular army, 1717a. Plotters, 1731a. - Radio Sergeants, number, 1731a. Pay, 2144a. Rated men, 1731a. Regular army composed in part of, 1717a. Retired officers on active duty, rank, pay, etc., 2080b. Sergeants at military academy, Appendix p. 1760. Supply sergeant, 1731a. COAST DEFENSE RESERVE Naval coast defense reserve, see Naval Reserve Force. COAST DEFENSES Acquiring sites by purchase, eminent domain, etc., 69.11a. COAST GUARD General provisions, 8459%a (1-14). Administrative service, 8459%a (2). Appropriations, available, 8459%a (2). 2275C, Reimbursement when expenditures are paid by Navy Department, 8459%a (8). Articles for government of Navy, subject to in time of war, 8.459%a (7). Assignment of duty in, 8459% a.(10). Aviation, instruction to menabers at Army and Navy schools, 8459%a.(13). Schools for aeronautics, employment of expert instructor, salary, 8459% a (12). Stations for Live-Saving Service, 8459% a(12). - Chiefs of division, appointment and sal- ary, 845.9%a (2). Civilian instructors, pay and allowances, 8459%b (19%), Appendix p. 1793. Civil relief to members of, 3078%a- 3078%ss. Composition, 8459%a (2). Cutters, construction, equipment for service on Pacific and in Alaskan wa- ters, 8459%a(11). Districts, establishment, 8459%a (10). Duties, 8459%a (2). Enlisted men, 8459%a (2). Assignment of duty, 8459%a (10). Detailed to aviation st a ti o n s , 8459%a (12). - Double salaries, unaffected by prohibi- tion against, 3230a. Naturalization of aliens in, 4352(7, 13). Honorable discharge, declaration of intention unnecessary, 4356a. Offenses, 8459%a (7). Pay and allowances when detailed for aviation duty, 8459% a (14). Pay, temporary increase, 2856a. Transfer from Revenue-cutter service and Life-saving service, 8459%a (2). Establishment in lieu of . Revenue-cutter service, and Life-saving Service, 845914, a (1). Existing laws applicable, 8459%a (2). Funds available, 8459% a (2). Medals of honor to officers, 2715a. Naturalization, 4352(7, 13). Naturalization of members honorably dis- charged without declaration of inten tion, 4356a. Navy, part of in time of war, 8.459%a(1). Officers, Cadet Engineers, 8459%a (2). Cadets, 8459% a.(2). Pay and allowances, 8459% b (34%), Appendix p. 1794. Captain Commandant, 8459%a.(2). Reports by, of operation and ex- penditures, 8459%a (5). Temporary promotion, 8459%a (2%), Appendix p. 1793. change, etc., GENERAL INDEx COAST GUARD (Cont'd) Officers (Cont'd) . . . . . Captains, 8459%a (2). Of engineers, 8459%a (2). Temporary promotion, 8459% a (2*/16), Appendix p. 1792. Temporary promotion, 8459% a (2*/16), Appendix p. 1792. Detailed to aviation st a ti o n s , 8459%a (12). - Detail from Public Health Service, pension rights and liability to mili- tary law, 9141a. - - District Superintendent, 84.59%a (2). Temporary rank, pay and allow- ances, 8459% a (2%), Appendix p. 1793. Engineers-in-chief, 8459% a.(2). Temporary promotion, 8459% a (2%), Appendix p. 1793. First lieutenants, 8459%a (2). Of engineers, 8459%a.(2). General Superintendents, 8459%a (2). Assistant, 8459%a.(2). Reepers, 8459% a (2). . Lieutenants, number, 8459%b (14%). Offenses, 8459% a.(7). - Pay and allowances, 8459%a (3). No reduction on account of act providing for temporary addi- tional officers, 2483n. Sea duty or shore duty beyond limits of United States, 8459% a (3%), Appendix p. 1793. Service-pay, 8459%a(3). When detailed for aviation duty, 8459% a(14). Petty officers, 84.59%a (2). Rations, commutation, . (42%), Appendix p. 1794. Rank, 8459%a (3). No reduction on account of act providing for temporary addi- tional officers, 2483n. When operating With 8459%a (9). Recommission of officers discharged, 2044a. Second Lieutenants, 8459%a (2). Of Engineers, 8459%a.(2). Senior captains, 8459%a.(2). Service on naval courts-martial and deck courts, 2988a. Surf-rmen, 8459%a (2). Temporary appointments to Navy and Marine Corps, 2483h. 2483h, Appendix p. 1761. Temporary promotions, .. 8459%a (2°/16- - 2%), Appendix p. 1792. Certain officers, 8459% a (2*/16, 2%), Appendix p. 1792. Effect, 8459%a (2%), Appendix p. 1793. Effect of provisions of act, 8459%a (2%), Appendix p. 1793. Retirement of Officers tempo- rarily promoted, 8459%a (2%), Appendix p. 1793. Selection of Officers to be pro- moted, 8459% a.(2%), Appen- dix p. 1792. Temporary rank, pay and al- lowances of district super- intendents, 8459%a.(2%), Ap- pendix p. 1793. Termination, 8459%a (2%), Ap- pendix p. 1793. Third Lieutenants, 84.59%a (2). Of Engineers, 8459%a (2). Transfer from Revenue-cutter Service 8459%b Navy, honorably and Life-saving service, 8459%a.(2). Warrant officers, 8459%a (2). Rations, commutation, 8459%b (42%), Appendix p. 1794. Y-art of military forces, 8459%a.(1). Pay and allowances, existing laws relat- ing to Life-saving service and Revenue-cutter service applicable, 8459% (3). Service-pay, 8459% a(3). * When detailed for aviation duty, 8459%a (14). Pensions, 8459% a.(3). . Promotions to fill vacancies in grades of keeper and district superintendent, 8459%a (4). . Rank, existing laws applicable, 8459% a.(3). Rations, commutation, 8459% b (42%), Ap- pendix p. 1794. reimbursements of officers and enlisted men for personal effects lost by operations of war, etc., appropria- tions, 2869a. Authority to make, 2869a. [Page 2018] COAST GUARD (Cont'd) - Reimbursements of officers and enlisted men for personal effects lost by Op- erations of war (Cont'd) Claims, actions, etc., on, 2869a. Submission in writing, 2869a. Time for presentation, 2869a. In the naval service defined, 2869a. Limitations, 2869a. Revenue cutter service, anchorage regu- lations, enforcement, 9959a. Construction of cutters, equipment, 8459%a (11). School for aeronautics, employment of eX- pert instructors, salary, 84.59% a(12). Instruction in aviation in Army and Navy schools, 8459%a (13). shºgraftsmen. 8459%a (15), Appendix D. • * Stations, establishment, etc., 8459%a (10). Technical Services, p. 1793. - Transfer of officers and men of ReVenue- cutter service and Life-saving Service, 8459%a, (2). - Treasury Department, operating under in time of peace, 8459%a (1). Uniforms, use prohibited, 1949a, 1949aa. Vessels, use for private purposes punish- able, 84.59%a, (6). War, operating under Secretary of Navy in time of, 84.59%a (1). Subject to, articles for government of Navy, 8459%a (7). COAST GUAR#D ACT See Coast Gºward. Text of act, 8459% aſ 1)-8459%a (6). COASTING TRAIDE See Tonnage and Tonnage Dwties. Alaska, Fourth district, 8100. Regulations, 81.11. Annual statements of, form, 870. Fees, exemption of enrolled and licensed vessels on northern, etc., frontiers, 8459% a (15), Appendix Licensed vessel on failure to report change of master, 8084. Officers for services to vessels, 8136– 8139. Great districts, division of seacoasts, etc., into, 8100. - Guano Islands, trade with subject to laws of, 3921. Hawaiian Islands, 3734. Fifth district, 8100. - Inspection, vessels engaged in subject to, 8153 Lake Michigan, regulation by Secretary of Treasury, 5832. License and enrollment, assistant collec- tor of customs at Camden, 8090. Assistant collector of customs at Jer- sey City, 8089. Carrying on without, penalty, 8124- 8126. Collector of customs at Wilmington, 8091. Deputy collector of customs at Chesa- peake City, 8092 Expiration of license at sea, exception from penalty for carrying on with- out, 8127. - License, form of, 8069. Manner of obtaining, 8068. Surveyors at ports, 8093, 8094. Fees, 8095. Long Island and Rhode Island, privileges of vessels in, 8110. Manifests and permits, requirement of, 811 Exhibition, penalty, 81.13. Transportation of foreign merchandise across New Jersey and Delaware, 8115, 8116. Vessels trading between neighboring districts, 8101. Delivery of manifest before unlad- ing, 8103. * Penalty for failure, 8104. Pºy for proceeding without, 102. Vessels trading between remote dis- tricts, 8105–8109. Delivery of manifest before unlad— ing, penalty, 8107, 8108. Penalty for proceeding Without, 8106. Merchant seamen, 82.91. Shipment and discharge, 8292, 8293. exemption from 2. application of law, [References are to sections, except where otherwise indicated.] COASTING TRADE (Cont'd) Merchant seamen (Cont'd) Shipping-articles, 8303, 8311, 8312. Penalty for shipping without, 8314. Panama, Canal, use of prohibited to VeS- sels owned by persons engaged in Vio- lating anti-trust act, etc., '8836. • Philippine Islands, trade between, not limited to United States vessels, 3913. Porto Rico and United States trade, Sub- ject to coasting laws, 3756. Putting into port other than destination, penalty for failure to report, etc., 8119. Registered vessels, provisions governing licensed vessels applicable to, 8114. Touching at foreign ports under Cer- tain regulations, 5838, 5839. Remission of fines. penalties and forfei- tures incurred by, 10131. Report of sea-stores, 5823. Reports of Bureau of Foreign and Do- mestic Commerce to include, 882. Vessels entitled to engage in, enrolled and licensed vessels, 8057, 8064. Foreign built vessels, 7709. Admitted to American registry, 7709aa, 7711. 8146e, Appendix p. 1789. United States Shipping Board Act, 8146.e. - Vessels of foreign registry, 7709aa. Vessels qualified for deemed vessels of United States, 7707. COAT OF ARMS Trade-marks comprising not to be regis- tered, 9490. COCAFNE, See Opiuſ77. Exportation, offense, 8801e. Unlawful except to countries regulat- ing entry thereof, promulgation of regulations, 8801d. Sale in consular districts in China forbid- den, except on prescription, etc., 76969. COCO H.EAVIES See Opá'u'rn. CODE BOOKS Communication of, 102.12b. Obtaining possession of, etc., 10212a. CODEHNE See Opiu,771. CODES Territorial ratified, 3458. (COD-FISHIERY Agreement for shares with fishermen, 8147. Discharge of vessel on bond, 8150. Penalty for violation of, 8148. Recovery of shares of fish under, etc., 81.49. - License of vessel engaged in, form, 8069. (COHABITATION See Unlawful Cohabitation. COIN See Counterfeiting ; Crimes and Of- fenses ; Foreign Coins ; Gold; Law- ful Money; Legal Tender; Mints; Nickel Coins ; Silver. - Reissue of, see Reissue. Trade-dollar, see Trade-Dollar. COINAGE ACT See Silver. - Silver Dollar, 6453, 6454, 10317. COINTER, See Mints. COIN PURCHASE ACT Text of act, 6558, 6559, 6576, 6815. GOFKłº . Price regulation, etc., 31.15%q. COELD, SIPRINGS - Enrollment and license of vessels for coasting trade and fisheries by Sur- veyor at port of, 8094. - Fees, 8095. COLLATTERAL SECURITY See Pledges. COLLECTION IDHSTRICTS See Collectors ; and related titles. Customs, abolished or consolidated by President, 5327, 5327a. Alaska, regulation of coasting trade in, 8111. Remission of fines, penalties and forfeitures incurred in, 10131. . Appraisers directed to attend in other districts, 5634. GENERAL INDEX [Page 2019] [References are to sections, except where otherwise indicated.] COLLECTION DISTRICTS (Cont'd) Customs (Cont'd) California, remission of fines, penal- ties and forfeitures incurred in, 101.31. Clearance of vessels laden with live oak timber in certain districts, 7796. Copies of manifest delivered by vessel upon arrival within, 5509. Departure of vessel before making re- port or entry, penalty, 5469. Headgºers, change of location, 7a. District of Florida, at Tampa, 333a. Lake Champlain, landing of merchan- dise from Canada, 5840. Louisiana, New Orleans, ports of en- try of, limits, 5334-5337. Temporary inspectors, 5338. Officer to board vessels bound for Natchez and Vicksburg, 5514, 5515. Massachusetts, appointment of clerks ; employees in appraiser’s Office, New York, employees in appraiser’s office, 5332. Examiners, appointment, 5331. Northern and northwestern bound- º, entry of merchandise, in, etc., Omaha, 5338a. Oregon, manner of importation, 5808. Remission of fines, penalties and forfeitures incurred in, 10131. Vessels bound to or from Portland, 5343-5345. Philadelphia, employees in appraiser’s office, 5333. Pº. of entry to be ports of delivery, 466. compensation of collector, Registry of vessels, 7719. Texas, Corpus Christi, motor boat for use of, 84.59%b (56). Transshipment of merchandise to Brownsville, 5341. Virginia, entry of merchandise, 5517. Internal revenue, collections, extension of time for payment, 5932. Collections, payment daily into Treas- ury, 5932. Collector for each, 5846. Establishment, 5843, 5844. Hawaii to constitute, 5845. Limit of number districts, 5844. Monthly statements, 5935. e Two or more may be united in One, 5846. COLLECTION OF DUTIES ACT See Reynissio?!. Civil War, 10130, 10143, 101.46, 10147, 10156- 10161. COLLECTION OF DUTIES ON IM- PORTS - - See Collection Districts, Refunds, Re- mission, and related topics. Appraisal of imports, see Appraisal. Appraisers, see Appraisers. Bond and warehouse system, see Bond- ed Warehouses. - Collection districts, see Collection Dis- tricts. - Collectors, deputy collectors, see Col- lectors. . Customs officers, see Customs Officers, Entry of merchandise, see. Entry of Merchandise. Entry of vessels, see Entry of Vessels. Inspectors, see Inspectors. Invoices, see Invoices. Manifests, see Manifests. Nº. officers, see Naval Officers ; Cus- O???.S. - Ports of entry, see Ports of Entry and Delivery. 'Surveyors, see Surveyors of Customs. Umlading, see Unlading. - Allowance for shortage or damage, 5602. Appropriations for, disposal of unexpend- ed balances, 6805. Articles not specified in entry, 5590. Cargo of vessels in distress, 5584. Cigars withdrawn from bonded manufac- turing warehouse, 5672. f Court of Customs Appeals, 1179–1190. Detection and prevention of frauds, 6796, Estimates for Customs Service, 6689. Lxecution, 1600. . Failtire to pay deposit of goods, 5648. Forms for carrying out the provisions re- łafing to, 384, 409. COLLECTION OF D'UTHIES ON IM- PORTS (Cont'd) Frauds, appropriation ror, increase, 67.97a, Interest, bonds for duties, 1601. Debentures issued by collectors, 1603. Judgments, 1600. Recitals and payment, 57.19. Laws applicable to imports from Philip- pines, 5534. Liquidation postponed until invoice is re- ceived, 8459%b (47). Merchandise destined for districts other than that of first arrival, duties paya- ble at destination, 5475. * Merchandise withdrawn from bonded manufacturing warehouse, 5672. For consumption, 5656. Metals withdrawn from bonded Smelting warehouse, 5673. - Payment, collectors to receive, 5359. From fines and penalties collected, 794. Medium of payment, 57.10-5712. Certificates of deposit, 6564, 6566, 567. . Coin certificates, 6379, 6564. Debenture certificates, 5751. Demand treasury notes, 6379. Federal reserve notes, 979901). Foreign coins, valuation, 6536. Value of sovereign or pound Sterling, 6537. Gold coin, 6379. - National bank notes, 97.21. Silver certificates, '6454. Silver coin, 6379. Treasury notes, 6475. united States notes not receivable for, 6575-6577. Under protest, disposal, 5713. ſº Secretary of Treasury to direct superin- tendence of, 382. e Seizure, bailing property seized, 1564. Double costs, 1612. -: vessels, sale after condemnation, 1565. Settlement, conclusive after one year, 5714. Suits, on bonds for recovery of duties, judgment at return term, continu- ance, 1598. On debentures issued by collectors of customs, judgment at return term, continuance, 1597. Name of United States, 1545. Temporary ports of entry in case of in- surrection, 10156. CoLLECTION OF INTERNAL REVE- NUE * , e. See Refunds ; Remission. Abatement of tax, penalty, etc.: Distilled spirits on destruction, Effect of insurance, 5946 Effect of insurance, 5946. Limitations, 5951. - Accounts, collectors’ final accounts, 5935. Amount added to tax as penalty for fail- ure to make list or return, 5899. Articles sold without stamps, 6348. Coſiectors and deputy collectors to col- lect, 5905. & Depositories for safe-keeping of moneyS collected, 5934. & Estimates of expenses of collecting, 6741. Failure to pay, additional penalty. 5906. Imported perfumes containing distilled spirits, 5986a. - Lien of United States, 5908. Notice and filing, 5908. Lists of persons to be sent to other dis- tricts for purposes of taxation, 5931. Medium of payment, certified checks, 5711, 5712 5944. 5945. National bank notes, 97.21. Mode of procedure, absence of provisions for modes and time of collecting When laws are changed or in the absence of laws therefor, 6349. Monthly statement of collections, 5935. Notice and demand, 5906. Opium tax, laws relating to made applic- able, 6287m. Payment of collections into treasury, 5932, 5933. Payment of taxes found due, extension of time, bond, 5896a. Receipts, accounts of, 370. Amounts collected, 5905. Regulations, 6349a. - Mode of not provided for, procedure, 6349a. Residents liable for tax in district in which they have property, 5931. Rººs, suits to, not to be maintain- ed, 59 COLLECTION OF INTERNAL REVE- NUE (Cont'd) - Seizure and sale of property, application for remission and return of proceeds of goods, sold, distribution, 6363. Bailing of goods as seized, sale for Want of bail, 6361. Delivery to marshal before process is- Sues, 6360. Distrº from delinquent collectors, Grape brandy, 6046. Personalty on failure to pay, 5909– Spirits in bonded warehouse, 6034. Spirits removed from distillery Warehouse to general bonded Warehouse in violation of law, 6064. Fees and charges, 5928. Property found in possession in fraud of revenue laws, 6355. Property valued at $500 or less, list appraisement, notice, bond, etc., 6362. Record, 5925. - As evidence, 5925. Sale, internal revenue laws, 6946, 6947. Real estate, approval, 5930. Certificate of purchase deed, 5920. Commissioner of Internal Rev- enue to have charge of land sºired by the United States, and Deed to be prima facie evi- dence, etc., 5921. Notice, 5919, 5930. Publication and 5919. Purchase by the United States, Certificate of purchase to Commissioner Of Internal Revenue, 5919. - Redemption after sale, 5924. Entry on record, 5926. Prior to sale, 5923. When, 5918, 5922. • , Search warrants to internal revenue officers, 6364. sº in any district of same state, posting, Successive seizures of personalty and realty, 5927. Stamp taxes, 6318f(c). Statements by collectors in one district as to names of persons taxable in other district, 5931. * Suits for and recovery of payments, ap- peal to commissioner as condition precedent, 5949. . - Burden of proof in suits to recover taxes collected under second assess- ments, 5948. Chancery proceedings to subject real estate to payment of tax, 5929. Collector to prosecute, 5937. * Compromise, 5952. Gross amount of all collections to be covered into treasury, 5933. Continuance, 5954. Judgments, to whom paid, 5940. Jurisdiction, 5937. Limitations, suits to recover taxes wrongfully collected, 5950. Name of United States, 1545. Regulations as to, 5939. Regulations, etc., of Solicitor of Treasury not to apply to, 553, 555. Sanction of Commissioner of Internal Revenue, 5938. Suits to restrain not to be maintain- ed, 5947. Venue, 1026. . . Taxes on circulating notes, deposits and capital stock of national banks, 9782. When payable, 5907. - COLLECTORS . See Customs Dwties, and related topics. Customs, accidents to vessels and barges in tow reported to, 7975, 7978a. Accº; abstract of, for Congress, Contents, 5380-5384. Duty to keep, 5380, 5381. Examination of, by Auditors, 419 420. . Examination of, by special agents, 5389, 5390, 5391. * Failure to keep, penalty, 5380, 5381. Failure to transmit to Auditor, penalty, 5380. Forms for, 5382. GENERAL INDEX COLLECTORS (Cont'd) Customs (Cont'd) Accounts (Cont'd) Papers to accompany, 436. Quarterly, 5385, 5387. - Transmission to Auditor, 5380. Verification, 5380, 2. - Additional duties for undervalued merchandise collected by, 5527. Adulterated drugs, etc., importation | prevented by, 5356. Advertising name of person unlawful- ly unlading, 5564. Alabama, vessels laden with live-Oak, duties, 4982. - - Alaska, fur-bearing animals, powers as to, 8851. Game laws enforced by, 3621. Game shipments, 3620. Member of canvassing board, 3555. Appointment, 5394. Appointments by, inspectors to search vessels, 5761. - Appraisal, appeal from, 5594. Articles not intended for sale be- fore special delivery for trans- portation, 5705. Bond for goods delivered before, taken by, 5589. Imports at New York, 5628. Arrests, obstruction of navigation, etc., 9922. Wessel departing from port of ar- rival Without making report Or entry, 5469. - Violations of Chinese Exclusion Act, warrants issued on Com- plaint of, 4334. - - Articles on vessels separated from cargo, description of forwarded to, 5772. Baggage, examination by, 5496, 5498. Baggage in transit to foreign coun- tries, 5533. Bills of sale of foreign built steam- ships recorded in office of, 7711. Blank books, blanks and stationery furnished to, 5386. Boarding vessels bound for Natchez and Vicksburg, 5514, 5515. Boats for Surveyors and inspectors provided by. 8459%b(55). Bond, 5357, 5358. Custody of, 3288. Increase by President, 6638. Bonded warehouses, orders concern- ing, revised by secretary of treasury, 5683. Removal of imported OleOmarga- rine to, for affixing stamps, etc., designation of, 6222. Bond of importer to furnish proof of value required by, 5620. Buildings for appraisers, lease by, 5637. Certificates, exportation from another district, 5744 - Identity of Chinese laborers claim- ing right to leave and return, application to, for, 4308. Enter, presentation to, 4293. Inspection of steam-vessels and equipment, 8182. Manifests of vessels trading be- tween neighboring districts, 8103. Manifests of vessels trading from remote district, 8.107. Records, affecting vessels, 7780. Certificates of vessels produc- ed to, 7769. Tobacco removed from bond for exportation without payment of tax, 6.192. Change of casks containing spirits and sugar, inspection, 5732. Change of package before exportation, 5733, 5734. Cigars, imported, duties as to, 62.11. *}, Service examinations, place for, 274. Clearance certificate and report to Collector of internal revenue as to exportation of spirits withdrawn from bond without payment of tax, Clearance of vessels, 7789-7810. Pº clearances kept for sale by, Bond that cargo shall not be used in aiding insurrection, 10163. Certificates of citizenship to sea- man, 8375, 8376. [Page 2020I Clearance of vessels (Cont'd) Crew list, 8367. Delivery to, 8364. Examination and certification by, 8365. Rules as to lists of vessels bound on foreign voyage, 8866. Fees of diplomatic and consular Officers, table of, annexed to clearances of registered vessel, 7798. Hospital dues, collected before Clearance granted, 9.193. Manifests and permits for vessels trading between neighboring dis- tricts, 8101, 8102. º, as to letters before granting, 72. Refusal, review, 31.15%gg. Seizure of vessels fitting out to en- gage in piracy, 8045. Vessels in foreign and coasting trade on northern, etc., fron- tiers, 5828. Clerks, etc., 5394. Acting in case of absence, 5370. Commercial names, copies for, 9513. Compensation, apportionment, 5394. Certificates of citizenship, 8375. Certificates of lists of crews of vessels, 8.364. Disbursing agent of lighthouse es— tablishment, 8445, 8446. Extra prohibited, 5394. Fines, etc., collected, 5795–5798. Consul notified of change of destina- tion of imports by, 5543. - Conveyance of vessels, certified copies, 7780 Record in office of, 7778, 7779. Index of, kept by, 7780. Copyright catalogues ditributed to, 95.78. - Custom-house brokers, license, revoca- tion, 5550, 5551. Customs house leased by, 5637, 5639. Customs warehouse for storage Of goods incompletely entered designat- ed by, 5621. Debentures issued by, interest on, 1603. Payment, 5751. Refused when, 5745. Suits on judgment at return term, 1597. Decisions by, exemption from liability for, 5530. Delinquency of subordinate officers punished by, 5373. Deputy collectors, acting as Shipping commissioner, 8.289. Appointment, 5368, 5369. Bonds, 5368, 5369. Collectors’ duties performed by, 5363, 5372. Duties, 5368, 5369. Naval officer or surveyor to act, when, 5363. Search of stores, warehouses, etc., 5819 Destruction of imported goods, proof of, 5602. - Detention of armed vessels, 10181. Disbursements for construction of pub- lic buildings, compensation, 6927. Disbursing agents, in certain cases, 6665. Payment of debentures, drawbacks, etc., 6799020). Distress warrants against, 6624–6637. District attorneys to appear for, 1296. Drawbacks, payment, 5751. Duties at Astoria, vessels bound for Portland, 5343-5345. Vessels bound from Portland, 5344. Entry, distilled spirits and wines, 5491. Merchandise, 5481. By agent, factor, etc., 5484. Custody when imperfect, 5486. Northern and northwestern dis- tricts, 5812. Without invoice, examination of consignee, etc., 5522 Vessels, 7789-7810. Bill of health delivered to, 9160. Obstructed by ice, 5587. [References are to sections, except where otherwise indicated.] - COLLECTORS (Cont'd) Customs (Cont'd) COLLECTORS (Cont'd) Customs (Cont'd) Estimates, amount of duties, 5557. Duties on excess of sea-stores, 5493. - Value of imports at period of ex- portation used for estimating duties, 1635. . Executions not to issue against offi- cers in cases of probable cause, 1635. Exportation in absence of certificate, proof of, received by, 5750. Exportation of distilled spirits with- drawn from bonded Warehouse without payment of tax, duty to permit, 6125. Fees, 5393, 5394. As disbursing agents, 6665. Certificate of citizenship to Sea- men, 8375. - Certifying list of crew of vessel, 8364. Excess paid into treasury, 5387. Inspection of steam vessels, col- lection by, 8220, 8221. Rates of, posted by, 8142. Registry or record of vessels, 7770. Services to vessels in domestic trade, 8136, 8137, 8138, 8.139, 8140, 3. Payment from Treasury in lieu of, 8138. Report of, 8138. Salary in lieu of, 8139. Table of, posting, 8142. . Withdrawal of merchandise for export, 5.727, 5728. Fines, penalties and forfeitures, ap- portionment to, 4. Florida, vessels laden with live-oak, duties, 4982. - Foreign vessels bounded coastWise, manifests and permits, 8120-8122. Foreign vessels from adjacent Coun- tries, 5821. Forging or altering custom-house par- pers, - Hawaiian coins exchanged by, 3742. Immigration, head tax payable to, - 4289%a.a. - Penalty for bringing in alien af- flicted with disease, etc., to be paid to, 4289%.e. Penalty for failure to furnish lists of alien passengers to be paid to, 4289%h. Imported ores, 5617. & Imported perfumes containing dis- tilled spirits, 5986a. Inspectors’ books deposited with, 5567. hºtº placed on board vessels by, Insurrectionary districts, 10157. Invoices certified by, 5540. Invoices filed with, declaration ac- companying, 5523. Jurisdiction, over exclusion of Chi- nese, transferred to immigration of- ficers, 858. Lading, license to, at night, 5559. Lighthouses, beacons, etc., superin- tendence, compensation, 8445, 8446. Lists of alien passengers deposited with, 4258. Lists of employés, 5383, 5384. Locks on vessels, license for remov- al, 5773. - Louisiana, vessels laden with live- oak, duties, 4982. Manifests, blanks, sale by, 5388. Coasting trade certified by, 5838. Registered vessels certified mani- fests, 5838. Vessels with cargoes destined for different districts, copies of, for, 5476. Vessels with imports from con- ºus countries, verification, Maryland, permits for transportation of imports across Delaware to Pllil- a.delphia, 8115, 8116 Measurement of foreign built steam- ships for registry, 7712. Merchandise, bonded manufacturing Warehouse, 5672. Bonded manufacturing warehouse, Withdrawn free of duty for ship- ment to Philippines, 5674. Bonded warehouses, 5653. Entered for drawback, 5735, 5736. GENERAL INDEX IPage 2021] [References are to sections, except where otherwise indicated.] COLLECTORS (Cont'd) Customs (Cont'd) Merchandise (Cont'd) Falsely entered by mistake for drawback not forfeited by, 5754. Incorrectly invoiced, taken posses- sion of by, 5535. Not unloaded in time, custody by, 5572, 5655. Storage, 5648. Unlawfully entered held as securi- ty for fines, 5525. Warehouse at quarantine, custody of, 9153. Merchant seamen, master of crew to determine qualifications, 8363a. Mississippi, Vessels laden with live- Oak, duties, 4982. Mºy paid under protest, disposal of, 13. Naval officer and surveyor to ex- amine books of, 6654. - New Orleans, temporary appointed by, 5338. New York, permits for transporta- tion of imports across New Jer- sey, 8115, 8116. Reports transmitted to by apprais- er, 5349. Notice of application for remission of fines, penalties and forfeitures given to, 10132, 10134. - Notice of seizure of vessel in domes- tic trade for violations of law, 8134. Notice to claimant of lien upon mer- chandise in warehouse, 5667. Oath, 5351. Oath of master of vessel as to ex- piration of license at sea delivered to, 8127. - Oaths administered by, 5501, 5596, 5597. Expense accounts, 2. - Officers of Revenue Marine Serv- ice and Custom employees, 5360. Other customs officers, 5351. Special examiners of drugs by, - 5355. Obstruction of 9922. Information for prosecutions, .9923. Officers to administer oaths, designa- tion by, 5571. Official designation to be by board of district for which appointed, 5327a. inspectors navigation arrests, Packages, deficiency in, certified to, 5619. Packages to be opened designated by, 5590 Passenger list delivered to, 8006, 8010. Passenger vessels, inspection, report, 8012. Passports, unregistered vessels sailing with sea letter, 8054. Vessels of United States for for- eign ports, 8052. Payments to, death of passenger on vessel, 8011. Head tax on alien 4289%aa. - For leased warehouse, 5640. ... Penalty for bringing in alien afflicted with disease, etc., 4289%.e. ge Penalty for failure to furnish lists of alien passengers, 4289%h. Permits, exportation from Warehouse, 5666. immigrants, Lading of exports with benefit of drawback, 5738 Unlading vessels at night, 5559. TJnlading vessels from neighboring district, 8103. º Unlading vessel from remote dis- trict, 8107. - TJnlading vessel in distress, 5583. Personal attention at port required, 5381. Philadelphia, permits for transporta- tion of foreign merchandise Over New Jersey and Delaware, 8115, 8116. Philippines, authentication of invoices, 537. Ports where naval officers and survey- ors are appointed, 5358. - Ports where naval officers and survey- ors are not appointed, 5361, 5362. Prize-money and salvage paid to and deposited in Treasury, 9091, 9092. *Probable loss of vessels and barges in tow reported to, 7976, 7978a. Public money, duties as to, 6638. Radiotelegraphs, enforcement of reg- : ulations, 10.103. COLLECTORS (Cont'd) Customs (Cont'd) Radiotelegraphs (Cont'd) Temporary permits to operators, 10102. Rates and amount of duties determin- ed by, 5595. . Rates of duties posted by, 5376. Receipt of treasury notes, etc., 384. Receiving rewards or gratuities for Services relating to vessels, 8.128. Record of articles not intended for sale transported in bond, 5707. Re-examination of drugs and medi- cines procured by, 5625. Registered tonnage of vessels, 7730, 7731 Registry, enrollment and license of vessels, 7719. Books for registry, 7736. Certificates of registry, 7736, 7739. Certificate obtained upon loss of original surrendered to, 7749. Change of master or name of recorded vessel, indorsed on, 7768 Grant to certain vessels, 7767. Transmitted to Register of Treasury in certain cases, 7755. Vessels sold under legal pro- cess, 7745. Change of master indorsed on reg- ister, 7752. Coasting-trade or fisheries, 8090. Assistant Collector at Jersey City, 8089. Collector at Wilmington, 8091. Deputy collector at Chesapeake City, 8092. Copies of licenses for Register of Treasury, 8082. Duty to grant, 8068. Exchange, 8070, 8071. Fees for services pertaining to, 7770. Illegal enrollment or license, pen- alties, 81.28. Measurement of foreign owned vessel, 7766. New, of vessels, 7740, 7741, 7743, 7745, 7748, 7751, 8074. - Number and record of licenses, 8082. . Nºering certificates of registry, 756. Numbers for undocumented ves- sels, 8095b. Recording of vessels in office of, 7765. Registry by agent, 7743. Registry of enrolled or licensed vessels engaged in domestic com- merce on proceeding to foreign port, 8086. Renewal, 8075–8077. Report to of change of master of licensed vessel, 8084. Signatures to, 8081. Surrender transmitted to registry of treasury, 8071. Vessels in domestic trade on pro- ceeding on foreign voyage, 8087. Vessels in trade with £contiguous countries, 5827. Rºlations of Solicitor of Treasury, tº) • Repoº. by, abstracts for Congress, 'O. Bonds delivered for suit to Attor- ney General, 549–551. Fines, penalties and forfeitures to district attorney, 5787. Frauds to district attorneys, 1297. Gold and silver coin, etc., in car- goes intended for export, 31.15%gg. - Merchandise in warehouse, 5681. Sºes to solicitor of treasury, 5786. Violations of customs laws, 5803. Violations of law as to crew list, 8366. Reports of, accidents to and loss of vessels and barges in tow, trans- mission to secretary of treasury, 7977, 7978a. Bonds delivered for suit, 554. Returns of deliveries, 5580, 5581. Returns of masters of revenue cutters made to, 8459%b (53). COLLECTORS (Cont'd) Customs (Cont'd) Revenue cutter officers directed by, 8459%b (52). Sales, cargo of vessel in distress, 5584. Merchandise, liable to depreciation in Warehouse, 5662. In public store more than one year, 5659. Unclaimed merchandise, 5649. Searches and seizures, arms etc., in- tended for export, 7678d. Claimant filing bond, 5779. Custody of goods seized, 5789. Duplicate list and appraisement of property seized, 5777. Dwelling houses and stores, 5769. Estimate of duty on excess of sea- Stores of vessels on frontiers, 5824. Letters illegally conveyed, 7473– 7475 Mºanalse fraudulently entered, 7. Notice of seizures, 5778. Release of merchandise seized on payment of appraised value, 5784. sº perishable articles seized, Sale of seized property, 5780. Search of certain stores, warehous- es, 5819. V;is Violating Alaska, fish law, Shºing Commissioner, acting as, ship's papers produced to, 5487. Signal lights for sailing vessels reg- ulated by, 7973. Statistics of commissioner of riaviga- tion furnished by, to Bureau of For- eign and Domestic Commissioners, 880. Statistics of exports by rail furnished by, to Bureau of Foreign and Do- mestic Commerce, 881. Steam vessels, enforcement of regu- lations concerning, 8272. Sugar, standard grades of, furnished to, 5610. Suits by, bond for re-exportation, 5474. Forfeitures, 5790. Refusal to pay debenture, 5742. Surveyors, designation of persons to perform duties of, 5367. Tare on imports estimated by, 5588. Tea importers, bonds, 8789. Teas, powers and duties as to, 8789– 8791, 8793. Term of office, 5347. Trade-marks, copies for, 9513. Transcripts of privateers’ journal, to be transmitted to Secretary of Nāvy, by, under pension laws, 9095. Transportation in bond of imports not consigned to inland port, 5703. Unclaimed articles transported bond returned to, 5706 Unclaimed imports intended for trans- portation in bond, storage, 5704. Uniaº Vessels, obstructed by ice, oö'ſ. On northern, etc., frontiers, 5832. Vessels boarded and searched by, 5770. Véssels carrying passengers from TJnited States, examination, 8013. Vessels in quarantine, discharge, 9151. Vessels, record of sale, etc., 8146r (4), Appendix p. 1790. Virginia, permits for transportation of foreign merchandise across Dela- ware to Philadelphia, 8115, 8116. Witnesses, examination by, 5596, 5597. Internal revenue, accounts, charges and credits, 5942. Accounts, cigar stamps, 6205. Expenses, contents, etc., 5850. Failure to render, distraint and sale, 5941. Final, 5935. . Fiscal year, 5851. - Monthly account of articles in bonded Warehouse for manufac- turing, 6341. Monthly statements, 5935. Quarterly, 5936. Receipt as sufficient voucher, 5934. Stamps, tobacco and snuff, 61.78. in White phosphorus matches, 6278. - Alcoholic compounds coming from Porto Rico, 6123 GENERAL INDEX - [Page 2022] [References are to sections, except where otherwise indicated.] COLLECTORS (Cont'd) COLLECTORS (Cont'd) CoLLECTORs (Cont'd ( ) Internal revenue (Cont'd) Internal revenue (Cont'd) Internal revenue (Cont'd) Amounts chargeable against, lectible balances, 5943. Annual returns of property subject to tax made to, 5896. Appointment, 5846. Approvals, bonds, distillers, 5997. Bonds, manufacturer of adulterat- - ed or renovated butter, 6234. Bonded warehouses of distilleries, charge of, 6009. Bonds, 5847. . Acting as disbursing agent, 5848. Apprºval by Solicitor of Treasury, 5847. - uncol- Conditions, 5847. Custody of, 3288. Filing, 5847. New bonds, 5847. Number of sureties, 5847. Renewal, etc., 5847. Canvass for objects of taxation, 5895, Certificates of residence of Chinese laborers, application to for, 4320. Duplicate of rules and regulations as to, filed with, 4321. Cigars, record of manufacturers, 6199. Commissions, taxes collected from spirits, 6096. - Compensation, additional not to be paid when acting as disbursing agent, 5848. Forfeiture for failure to report all violations of law, 5884. Governed by collections, 5849. Limitation, 5850. Payment not to be made until Cer- tified that reports made, 5853. Daily returns to, gaugers, 6032. Store-keeper, 6081. Death, uncollectible balances in case of, 5943. Delinquent collectors, recovery by dis- traint and sale from, 5941. & Deputies, acting as collector in case º of disability or vacancy in office, 5854. Appointment, 5849. e To carry out opium registra- tion act, 6287p. Revocation, notice, 5849. Authority, 5849. & Bonded, excluded from classified civil service, 3279. Bonds, action on, 5849. e Rights of legal representatives and surety of collector, in- demnity, 5854. Compensation, 5849. Collectors’ salary when per- forming duties of, 5855. Detailed for special duty in other districts, 5852. Detail for special duty in other districts, 5852. Disclosure of operations of manu- factures, 5887. - Estate tax returns, 6336%g. Evidence, power to take, 5885. Forfeiture of office, disclosure of operations of manufacturers, 58.87. Issuing stamps before payment, 5891. Income tax, increase in amount shown by returns, 6336r. Liability of collector for acts of, 5849, 5854. Number, 5878. Oaths, power to administer, 5885. Receipts for taxes, duty to give, 905. Not to issue in lieu of stamps, 5905. Refundnent to, of amount of judg- ment rendered against him for taxes, etc., 5944. Returns of occupations subject to special tax, 5960. Sales, return of proceedings to col- lector, 5925. San Juan, Porto Rico, 3750, 3751. Detail for or discharge of duty impos- §5?" another collector prohibited, 5886. Disbursing agents of Treasury, acting as, 5848, 5854. Disclosure of operations of manufac- turers, 5887. Hjave been Distilled spirits, clearance certificate and report to as to exportation of spirits withdrawn from bond without payment of tax, 6126. Credit for using tax paid Stamps in certain cases for sale of Spirits, 6131. Permit to distiller to receive for- tified wines on preraises, 61.18. Distilleries, plan of furnished to, 6901. Reduction of capacity of, 6093. Drawbacks, charge of, 5880. Enforcement of laws, 5883. Estate tax, proceedings for collection, 6336%i. . Receipts for payments, 63.36%h. Returns, 63.36%f, 63.36%g. Evidence, power to take, 5885. Execution of deed on sale of property | for nonpayment of tax, 5920. Expenses, advertising, blanks, etc., al- IoWallce for, 5850. Exportations, charge of, 5880. - Fºire to collect, distraint and sale, 41. Fees, services under Chinese Exclusion Act, 4323. Fermented liquors, approval of bond of brewer, 6.140. Perrait to brewer to carry on busi- ness at other place on account of accident, 6157. Filled cheese, requiring new sureties on bonds of manufacturer, 6244. Fines, disclosure of operations of man- ufacturers, 5887. Fines, forfeitures and taxes, prosecu- tion of suits for, 5.937. Forfeiture of office, disclosing of Oper- ations of manufacturers, 5887. iºns Starmps before payment, b891. Unlawful approval of bond of dis- tiller, 5998. Gaugers, supervision of, 5865. Gºal bonded warehouses, control of, 58. Hawaii, 5845. Hawaiian coins exchanged by, 3742. Income tax, on corporations, returns to bo made to, 6336m [h]. On individuals, statement of gains and profits of corporations may be required by, 6336c. Receipts on payment, contents, 6336p. Returns, 6336fſc], 6336h, 6336mſb). Judgments and moneys recovered by suit to be paid to, 5940. Jurisdiction over exclusion of Chinese || transferred to immigration officers, Lists of persons paying tax on occu- pºons to be open for inspection, 963. - Mºly return of tax paid stamps, 6 Monthly transcript of books of Tecti- fiers and wholesale dealers to be transmitted to, 6100. ' - Notices to, by brewers of commencing business, 6139. sºnsion of work by distiller, Number of, 5844. - & Oaths, power to administer, 5881, 5885. Oaths to expense account administered by, 3262. Oleomargarine, certification to collec- tor of assessment of tax on oleo- ºrgarine sold without stamps, 1. Manufacturers, statements to, 6217. Opium, bonds of manufacturers, addi- tional Sureties, etc., may be re- quired by, 6287b. Copies of orders for, and state- ments as to be furnished by, 6287 k. Notices, inventories and bonds to be filed with, 6287b. Registration with, of persons deal- ing in, 6287g. Statements and returns to, by per- sons registered, 6287i. Receipt for taxes, duty to give, 5905. Not to be issued in lieu of Stamps, Refundment to of judgments rendered against, for taxes, etc., 5944 Regauging of distilled spirits at bond- ed warehouses, directing, 6051-6054. Registration with, death or removal of perSons paying special occupation tax, 5964. . Manufacturer of white phosphorus matches, £272. Manufacturers of playing cards, 6312. - Occupations subject to special taxes, 5956. Stills, 5994. * Removal transfer of lists and accounts of taxes to Successor, 5943. Reports by, compensation not to be paid until certification that re- portS have been made, 5853. Delinquency in office, 5883. To district attorneys, frauds, 1297. Violations of law, 5884. Survey of distillery, 6002. Violations of law, forfeiture of Compensation for failure to make, Reports by district attorneys to Com-' missioner of proceedings against, 1300. Repºo. gauger of Stamps used, Store-keeper, 6081. Resignation, transfer of lists and ac- counts of taxes to successor, 5943. Returns to, distillers of production, etc., 6087. - . Income taxes, 6336h, 6336m[b]. Nonresident aliens, 6336fſc]. Sale of perishable property, 6361. Seizure of property, found in posses- Sion, in Violation of revenue laws, 6355. sº bonded warehouses, control of, Stamp books, distilled countability for, 6096. a. Stamps, amount to be charged against collector, 5942. Fºnted liquors furnished to, Stamps, issue before payment, 5891. White phosphorus matches furnish- ed to, 62.78. - Summoning person failing to make list of property subject to tax, 5896. Surveys of distilleries, 6002. Reports of, 6002. Temporary storekeepers, of, 5864. Tobacco and snuff, approval of bond of manufacturer, 6163. Approval of bond of peddler, 6.188. Certificate to peddlers, 6.190. Certificate to tobacco manufactur- Spirits, ac- designation er, 6163. Examinations, correctness of man- ºturers inventory, 6166, Neglect of dealers in leaf to- bacco to make statements or Imaking incorrect statements, 6167. Permit for removal from ware- house for exportation, 61.92. Record of manufacturers to be kept by, 6165. Registration of retail dealers, 6175. Stamps, furnished to, 6205. Sold under distraint may be furnished by, 6178. Supply of to be kept by, 6178. Treasury notes, receipt, etc., 384. |Unlawful approval of bond of distil- Ier, 5998. Vacancies in office, deputy to act, Đ854. - Wholesale liquor dealers, stamps in exchange for stamps for rectified spirits, 5986d. - (COHLLECTOR'S OF PUBLHC MONEYS Payments to treasurer and assistant treasurers, 6604. ' Without deduction, 6606, 6611. COLE, ECHE LANDS See Colleges. C&OHLH/EGES See Agricultural Colleges ; Agricultu- ral Ea:periment Stations ; Howard University ; Universities. Electors, see President. Agricultural colleges, 8870–8877. Aviation students, instruction, 1867m. GENERAL INDEX IPage 2023] [References are to sections, except where otherwise COLLEGES (Cont'd) Distribution of duplicate specimens of National Museum, 10578. Excavations in Mesa, Verde National Park for benefit of, 5240. Honor graduates, eligibility for commis- Sions in regular army, 1920a. Land grant, depositories of public docu- ments, 7139. Lands, settlement on, before survey, 4860. Military instruction,” 2283-2295a. Nautical instruction, 2762, 2767. Permits for excavation of archaeological sites, etc., 5280. Regular army commissions, eligibility of honor graduates, 1920a. Reserve Officers’ Training Corps, bility for, 1881d, 1881e, 1881f. 1881f, Appendix p. 1749. COL}LTERS - Navy, sale of unsuitable vessels, 2787a. COLLISION Entry upon log books, 8036. - Mººrs of vessels to stand by to assist, Reports of by owners and masters of ves- sels and barges in tow, 7975, 7978a. River and harbor improvement vessels, settlement, etc., 98.99. Rules for prevention of, Great Lakes, etc., 7910-7941. Great Lakes, etc., tions, 7940. Construction, 7937. Establishment, 7910. Fog signals, 7924. Lights, canal boats, fishing boats, etc., 7920. Open boats, 7921. Sailing vessel to show torch, º) . - eligi- additional regula- Small vessels, 7918. Steam vessel having raft in tow, 7915. Steam vessel having vessel in tow, 7914. Steam vessel under way, 7913. Suspension of rules for War and revenue vessels, 7923. Tugs, 7917. Vessel at anchor, 7919. “Visible” defined, 7912. Penalty for violation, 7939. Precautions additional to rules, Reduced speed in fogs, etc., 7925. Repeal, 7941. Sailing vessel defined, 7911. Sailing vessel in tow, 7916. Sailing vessel under way, 7916. Steam vessel defined, 7911. Steam vessels Steering and sailing, overtaking vessel, 7932. Refusal to assent to signal, 7936. Sailing vessels approaching each other, 7.926. Steam and sailing vessels meeting, 7929. Steam vessels crossing, 7928. Vessels in certain rivers, and narrow channels with Cur- rent, 7934. Vessels in narrow channels, 7935. Vessel without right of way to slacken speed, etc., 7931. Vessel with right of way to keep course and Speed, 7930. Whistle signals, 7933. “Under way” defined, 7911. Harbors, rivers and inland waters, ad- ditional rules by inspectOTS, 7906. Definitions of terms, 7873, 7874. Distress signals, 7905. - Fog signals, 7888. Inland waters defined, 7974. Lights, additional light or deto- nating signal, 7885. Fishing vessels and rafts, 7882. Pilot vessels, 7881. Sailing vessels under way or in tow, 7878. Small vessels, 7879, '7880. Steam Vessel to Wing another vessel, 7877. Steam vessel under way, 7876. Time for compliance With rules. 7875. Vessel at anchor, 7884. meeting end on, | COLLISION (Cont'd) - Rules for prevention of (Cont'd) Harbors (Cont'd) Lights (Cont'd) V; overtaken by another, 7883. “Visible” defined, 7874. War ships and convoys, 7886. Lines dividing high seas from har- bors and inland waters fixed by Secretary of Treasury, 7972. Penalty, for violations, 7907, 7908. Precautions additional to rules, Repeal, 7909. Signals, steam vessels with en- gines reversed, 7902. Special rules for, adopted, 7872. Speed in fog, 7889. Steam vessel under sail only, sig- nal in daytime, 7887. Steering and sailing, ascertain- ment of risk of collision, 7890. Construction, 7901. Overtaking vessel, 7898. Sailing vessels and fishing boats, 7900. Sailing vessels approaching each other, 7891. Steam and sailing vessels meeting, 7894. Steam vessels crossing, 7893. Steam vessel in narrow chan- nel, 7899. Steam vessels meeting end on, 7892. Vessel without right of way not to cross ahead, 7896. Vessel without right of way to slacken speed, etc., 7897. Vessel with right of way to keep course, 7895. War and revenue vessels, lights not exhibited, when, 7904. International rules, act relating to motor boats not to affect, 8286. Adopted, 7834. Distress signals, 7870. Fog signals, 7853. Fishing vessels, 7847. Lights, additional flare-up or de- tonating signal, 7850. Fishing vessels and boats, 7847. Pilot vessels, 7844–7846. Sailing vessel under way, 7841. Small vessels, 7842, 7843. Steam vessel under sail, 7852. Steam vessels under way, 7838. Telegraphic cable vessel, 7840. Time for compliance with, 7837. - Towing vessel, 7839. Vessel at anchor or aground, 7849. Vessel in tow, 7841. Vessel not under control, 7840. Vessel overtaken by anothef, 7848. “Visible” defined, 7836. War ships and convoys, 7851. Precautions additional to rules, Repeal, 7871. Rules for harbors and inland navi- gation not interfered with, 7869. “Sailing vessel” defined, 7835. Sound signals, vessels in sight of each other, 7867. - Speed of ships in fog, 7854. . Steam vessel defined, 7835. Steering and sailing, construction, Overtaking vessel, 7863. Risk of collision ascertained, Sailing vessels approaching each; other, 7856. Sailing vessels to avoid fishing boats, 7865. Steam and sailing meeting, 7859. Steam vessels in narrow chan- nel, 7864. Steam vessels to slacken speed or stop, 7862. vessels Vessel keeping course and speed, 7860. Vessel not to cross ahead, 7861. Under way defined, 7835. Motor boats, international rules not affected, 8286. Lights, 8279. indicated.] COLLISHON (Cont'd) Rules for prevention of (Cont'd) Motor boats (Cont'd). Rules applicable to, 8282. Sound signals, 8280. Red River of the North, and rivers emptying into the Gulf of Mexi- CO, construction, 7966. Establishment, 7942. Extension, 7971, 7974. Fog signals, 7957. Lights, coal boats, 7954. Coasting and inland waters, Steam Vessels, ferry boats, barges and canal-boats, 7949. Ocean steamers under way, Open boats, 7955. Pilot vessels, 7953. Sailing vessel under way or in tow, 7950. Ships of War and revenue cut- ters not to exhibit When, 7956. - sº vessels in bad weather, 7 Steamer vessels carrying sail under way, 7945 Steam. Vessels other than Ocean steamers and Steamers carrying sail, .7947. Steam vessels towing other vessels, 7946. Time for compliance with, 7944. - Trading boats, etc., 7954. Vessels at anchor, 7952. Vessels on waters flowing into Gulf of Mexico, 7948. Precautions additional to rules, “Saii vessel.” defined, rule 1, 7943. Steam vessel defined, 7943. Steering and sailing, ascertain- ment of risk of collision, 7958. Overtaking vessel to keep out of way, 7964. Sailing vessel overtaken, 7967. Sailing vessels approaching one another, 7.959. - Speed of steam vessel ap- proaching another vessel or when in fog, 7963. Steam and sailing meeting, 7962. Steam vessels crossing, 7961. sº Vessels meeting end on, 7960. What vessel course, 7965. Supervising inspectors of steam vessels to furnish regulations for vessels passing each other, 8.166. Vessels in Light-House Service, for damages, 896. - Vessels of navy, adjustment and report of claims for damages, 652. COLONELS Advancement to brigadier tired, 2068b. Cavalry regiment, 1718. Aids to generals to have rank of, 1756a. - - Coast artillery, 1731, 1731a. Corps of engineers, 1840, 1841, 1842a. Detached duty, limitation, 1999c. Detached for service with national guard, part of regular army, 1717a. Field artillery regiment, 1736a. General Staff Corps, 1762a. Infantry regiments, 1738, 1738a. Increase, 1899b. Marine Corps, 2901, 2911, 2913. 2901, Appendix p. 1767. Advancement, examinations, Medical corps, 1807, 1808. Military academy, professors at to have rank, pay of, etc., 2229. National guard, detached for service with, part of regular army, 1717a. Officers’ Reserve Corps, vacancies not to be filled, 1881 a. Ordnance Department, 1848. Pay, 2089, 2090, 2112, 2143. On retirement, 2080, 2081. Quartermaster’s Department, 1786. Quarters for officers, 2118-2118C. Signal Corps, 1860. COILOR vessels shall keep her claims general re- 2924a. See Negroes. GENERAL INDEX [Page 2024] [References are to sections, except where otherwise indicated.] COLORADO Desert lands, 4680. District attorney, 1343. Fees and compensation, 1344. Powers and duties, 1344. District court terms, 1058. District judges, 1343. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Forest reservations, creation except by acts of Congress, 4524. Grant to, of additional arid lands for reclamation, 4692. Judicial districts, 1058, 1343. Jurors, fees and mileage, 1453. Marshal, 1343. Pºs. duties and compensation, etc., Mesa, Verde National Park, 5237-5242. National forest, creation and addition by act of Congress, 5135. Reclamation of arid States, 4700–4708. Registers and receivers, Imissions, 4473. Removal of South Ute Indians from, not affected by act relating to allotments in severalty, 4210. Right of way of pipe line companies, 4949-4952. Surveyor-general for, 4435, 4440. Salary, 4440. Timber on mineral lands, certain purposes, 4989, Witnesses, fees and mileage, 1453. COLORED SOLDIERS See Soldiers. COLORS See Flags. C{}}L(OR SERGEANTS Cavalry, 1718. Engineer corps, Field artillery, 1736a. Infantry, 1738, 1738a. Pay, 2144. COLUMBHA INSTITUTION FOR DEAF See DeClf a 70ci Dºlºmb. General provisions, 9340-9361. C{}MBINATIONS Restraint of trade, see Monopolies. Fix prices for Supplies to post-office de- partment, 7266. Leases on Hot 5253, 5254. Prevent, bidding, no mail-contracts to be made With persons entering into, 7437, 7437a. Continuous carriage of freight to des- tination prohibited, 8571. Restraint of trade, 8820–8836. Import trade, 8831–8836. cºsations ANHD CONSPHRACIES CT lands by United fees and com- cutting for 2. 1842a. headquarters company, Springs Reservation, See IVIOºop Olies. Text of act, 8820–8823, 8827–8830. COMHMANHD Army, right when different corps join, 2308a, art. 120. Dental corps, officer’s right, 1833. Marine corps, separate àrganization of marines on vessel, 2943a. Medical department, officer’s right, 1835. Militia, naval militia, in service of United States, 3078a.(34). Participation with United States, 66a. Naval vessels, assignments to, 2768. Navy, dental surgeons, right of, 2505. Navy militia, participation with regular navy, 30 i8a (21). Officers in . Pay Department, 1805. Precedence in navy, 2662. COMMAN DANTS Disciplinary barracks, Powers and duties, Marine Corps, 2915. Military academy, 2206, 2221, 2223-2225. Appointment, 2224. 2458a.(4, 5). 2458a.(5). Pay, 2258 Navy yards, 2790. Navy yards and stations, authority to administer Oaths, 3037 Convene courts-martial, 3006, 3006b. Order deck court, 2987. COMMANDERS Mºunt vessels, see Masters of Ves- S 63/S. Navy, 2470. Aid to, rank, 2663. COMMANDERS (Cont'd) Navy (Cont'd) Assignment to duty as Squadron engineers, 2482a. Authority to administer oaths, 3037. Convene court-martial, 3006. Duties, 2962, 2980. In prize cases, 8395. Mode of promotion to grade of, 26.97a, 2697d, 26.97e. Number, 2474, 2482. Number of vacancies in grade to be furnished board of naval reserve, 26.97d. Ordering court of inquiry, 3026. Pay, 2814, 17. IPay on retirement, 2697 h. Promotion, of rear-admiral, 2487. Requirement of sea, service, 2697 h. Punishment by order of, 2985. Rank, 2660, 2662. Retirement, 2636, 2637. Squadrons, 2604. Detail of retired officers, 2654, 2655. COMMANDERS IN CHIEF - - Naval squadrons, authority to adminis- ter oaths, 3037. COMMANDING OFFICERS OF NAVY See Com/manders ; Navy. COMMERCE AND LABOR, ACT See Department of Convmerce. Text of act, 292, 421, 853, 854, 856-861, 867, 875. fleet and COMMERCE AND NAVIGATION See Animals and Animal Industry : Bonded Warehouses ; Coasting Trade ; Commercial Agents, Corn- 'mercial Intercowrse ; Common Car- riers ; Consular Cowrts : Consular Officers ; Domestic Com/merce ; Draw- back: ; Eºn bargo ; Eacports and Ea:- portation ; Food ; Foreign Coºn merce : Imports and Importation ; Interstate Coºnºmerce ; Licensed Vessels Life Saving Service ; Masters of Vessels, Meat Inspection ; Merchant Sedºvé?, New York, Harbor ; Secretary of Commerce ; Torºnage and Torºnage Duties ; Towage ; Towboats ; Ves- SelS. Appraisal of imports, see Appraisal. Appraisers, see Appraisers. Bureau of American Republics, Alºnerica?". Republics. Clearance of vessels, see Clearance of Vessels. Coast swrvey, see Coast and Geodetic S^47°vey. Collection of duties on iºnſ) Orts, Collection of Dºwties on Imports. Collectors of customs, see Collectors. Collision rules, see Collision. Commissioner of navigation, see Com- Amissioner of Navigation. Customs duties, see Customs Dwities. Customs officers, see Customs Officers. Discriminating duties, see Discriºlina- tio??. - Entry of merchandise, see Entry of Mercha” dise. Entry of vessels, see Entry of Vessels. Fisheries, see Fish, Fisheries, etc. Interstate com/merce CO777.71%is SiO71, Interstate Commerce Convºnission. Invoices of imported merchaºt(lise, see I??,*) Oice.S. Lights and buoys, see Lighthouse Serv- º, C6. Log-books, see Log-Books. Piracy, see Piracy. Ports of entry, see Ports of Entry and Delivery. - Recording of vessels, see Recording of Vessels. - Re-eaportation, see Re-ea-portation. Registry of vessels, see Registry of Vessels. Remission of fines, penalties, and for- feitures, see Fines and Penalties; Forfeitures. Revenue cutters and boats, see Reve- *Le Mariºve. Shipping articles of searnen, see Ship- ping Articles. º Sººn mary trials for offenses against, see Sºlºm/mary Trials. Suspension of coºrººnercial intercourse between states in case of in Surrec- tion, see Commercial Intercourse. Transportation of mercharvdise in bond, See Transportation. - Unlading of vessels, see Unlading. S636 S66. See COMIMERCE NAVIGATION (Cont'd) Vice commercial agents, see Vice-Com- 77vercial Agents. Bureau of foreign and domestic COm- merce, 873-888. - - Commerce clause, who entitled to protec- tion of (Const. art. 1, § 8, cl. 3). Domestic commerče, regulation of vessels in, 8057–8146. AND Foreign, regulation of vessels in, 8052– 8056. Interstate commerce regulations, 8563– 8604. Offenses against foreign and interstate commerce, 10402-10415. - Regulating power of Congress (Const. art. 1, § 8, cl. 3). COMMERCE COURT See District Courts. Abolition, 992. Additional circuit judges continued until after death, resignation or removal, 992. Board of Mediation and Conciliation to have custody of arbitration papers, 8672(2). Federal Reporter and digest for, 1206. Judges, appointment, 1110. Official residence, 1236. Supreme Court reports for, 1203. Jurisdiction, transferred to district courts, 992, 993, 996, 997, 999, 1004-1006. Laws repealed, 1003. Proceedings for enforcement of orders of Interstate Commerce Commission oth- er than for payment of money, 8584. Transfer of pending cases to district court, 1001. COMMERCE COURT ACT See Coºn merce Court. Tii, of act, 993, 996, 997, 999, 1004-1006, COMMERCHAIL AGENTS Abolished, 3140. COMMERCIAL ATTACHES Appointment, 854a. 854a, Appendix p. 1745. Clerks, 854a. - 854a, Appendix p. 1745. T}uties, 854a. Expenses, 854a. COMMERCHAIL BUREAU OF AMER- ICAN REPUBLICS See A merican Republics. Contributions toward, 7681. Control of by Secretary of State, 7682. Establishment of, 7681. - Receipts for, support of disposition of, COMMERCIAL INTERCOURSE Investigations to detect fraud, in insur- rectionary states, 10149. Limited trade, licensed in insurrectionary states, 101.46. Officers to enforce regulations in in Sur- rectionary states, 10147. Regulating power of Congress (Const. art. 1, § 8, cl. 3). Suspension between states in case of in- surrection, 101.43. Persons affected, 10145. Portions of loyal states in cases of insurrection, 10144. Trading without license, in insurrection- ary states, 10148. To whom prohibition extends, 10145. COMIMERCIAL REPORTS Consuls to procure, 31.67. Number of copies, allotment, 7060. Partisan, etc., discussions excluded, 864. Rublication, 862. Sale by Department of Commerce, 863. Secretary of Treasury, number of copies, distribution, 7084. COMWHISSARIES OF SUR$SISTENCE See Subsistence Department in Army. Claims, jurisdiction of Court of Claims, 1136(3). Commissaries, assistant quartermaster to perform duties, 1790. Military Academy for Cadets, 2218. Quartermaster Corps, duties of, 1779, 1782. . Commissary agent contracts for supplies, 6844. Commissary General, allowance of claims for subsistence, etc., 470, 471. Commissioner for Soldiers’ Home, 9214–9216. GENERAL INDEX C&OMMISSARHES OF (Cont'd) Commissary General (Cont'd) Duties respecting officers’ . public property, 439, 440 : President may increase bonds of, 6638. Quartermaster Corps established by Consolidation of Offices, 1779. Subsistence Department, 1793. SUBSHSºBNCE returns of Commissary of cadets, military academy, 2276. Commissary-Sergeant, cavalry, pay, 2149. Detail as assistant to commissary of Cadets, 2276. - Infantry, regimerit, 1738. Pay, 2144. S Performance of duties of officers of Quartermaster Corps, 1779. - Subsistence department, duties, 1793, Credit to army officer or enlisted men purchasing articles, 2187, 2188. Decrees on accounts of, 1138. Department, 1793. Contracts by, 6844. Naval academy, 2760. Purchase and issue rations to 1795. Purchases, etc., not to exceed neces- sities of year, 6884, 6885. Ration co-operating naval ments, 1796. - Army, detach- Stores, army, disposition of proceeds. of sales, 6808. COMMHSSHONER GENERAL OF IMMII- GHRATſ60N See I’mºnigration. Agents of states and territories at immi- gration stations regulated by, 960. Appeals from boards of special inquiry, 428914ii. Appointment, 954. - Assistant commissioner, duties, 955a. Salary, 955a. Chief clerk, assistant commissioner to act as, 955a. ; : - Chinese Exclusion Act administered by, 858, 956, 959. Designation of persons qualified for service on boards Of special inquiry, 42891%ii. Detention of aliens for observâtion and examination, 4289%f. Division of Information established by, 960. Duties, 959. . - Head tax, arrangement with carrier for method of payment of, 4289%aa... Refund of tax erroneously collected by, 958. Rules and regulations, 4289%aa. Immigrant inspectors, recommendations for appointment, etc., 4289% oo. Immigration Laws administered by, 956, 959. - Immigration officers, clerks, and em- ployés, recommendations for appoint- ment, etc., 4289%00. Landing stations for alien passengers from Canada or Mexico, 4289%ll. Powers and duties, 959. . Stations, Privileges at immigration 4289%pp. Regulations, delivery of lists of alien passengers, 4289%g. Detention of aliens for observation and examination, 4289%f. |Entry of aliens, 428914b. Head tax, 4289%aa. Medical examination of alien passen- gers, 4289%i. - Reports to, of condition of vessels bring- ing in aliens, 4289%f. - Salary, 954. - r Superintendent of immigration designat- ed as, 955. Supreme Court reports for, 1203. Suspension of deportation of 428914.j. - - - Transfer to Labor Department, 934, 935. White slave traffic, 8817. aliens, COMMISSIONER of AGRICULTURE retary of Agriculture. C4}MMISSIONIER OF AGRICULTURE AND FORESTRY See Hawaii. . COMMISSIONER OF AGRICULTURE; AND LABOR See Porto Rico. See Agriculture, Department of ; Sec- [Page 2025] COMMISSIONER OF CORPORATIONS Abolishment of office, 8836c. - Appropriations, transfer to Federal Trade Commission, 8836c. - Clerks, transfer to Federal Trade Com- mission, 8836c. - Deputy commissioner, abolishment of of- fice, 8836c. . - Employés transferred to Federal Trade Commission, 8836c. - Records, transfer to Federal Trade Com- mission, 8836c. Supreme Court reports for, 1203. COMMISSIONER OF CUSTOMS Commissioner and Deputy Commissioner abolished, 402. . . COMMISSIONER OF EDUCATION Porto Rico, see Porto Rico. Appointment, 766. Duties, 766–768. . . . Publication of bulletin of Bureau of Education, 767. Management of Office of Education, 766. Reports, 768. From Porto Rican Commissioner of Education to, 3773. Number of copies, distribution, 7066. Salary, 766. - - Supreme Court reports for, 1203. Vocational education, 9390%.cc. COMMISSIONER OF FISH AND FISH- Appointment, 901. - - Co-operation with North Carolina state fish commissioner in survey of waters in which use of fishing supplies is pro- hibited, 8549, 8550. - Duties, 904. . Estimates for officers, and clerks for Fish Commission, 6727. ** Investigations preda- Cious 904a, 904b. Seal life on Pribilof Islands, 8860. Rºon of Vessels with navy department, Report, 904. Salary, 901. Specimens, authorized to take, 906. Statement of expenditures, 908. Tººed to Department of Commerce, 57, 859. * COMMISSIONER OF FIVE CIVILIZED TRIBES - Office abolished, 3990a. C&OMMISSIONER OF GENERAL LAND OFFICE See General Land Office. General provisions, 690–712. Absence of, assistant to act, 691. Accounts, fees payable on behalf of In- º parties in public land contests, Statement of, fees of local officers, allotment from public lands to In- dians not residing on reservations, 419.8, 41.99. Surveys of mineral lands, 4813. Alaska, coal lands, pending claims to be adjudicated within one year, 5078c. Appeals to, decision as to town sites in Oklahoma, 5034. . Appointment, 690. and experiments, and aquatic animals, Approval of surveyors, 4813. Assignment of certificates of location, regulations for, 5105. Assistant, absence, etc., of, temporary as- sistant to act, 692. Authority to sign letters, etc., 691. Direction of assistant’s duties, 691. Duties, 691, 699-712. Salary, 691. Tººet in absence of commissioner, Auction sales of isolated tracts of public lands, 5110. - Authorization of expenses by registers and receivers, 4480a, Appendix p. 1777 Certification of, amount of excess mon- eys, purchase moneys, etc., 4493. Certain selections of surveyed lands - to California, 4879, 4880, 4964. Certified copies of records, etc., to be prepared and certified by, 709. Change of entry, etc., made by mistake, Copies of, decisions of Court of Claims transmitted to, 1134. Files and records to be prepared by, 706, 709. Custody of seal of office, 700. [References are to sections, except where otherwise indicated.]. COMMISSIONER OF GENERAL LAND OFFICE (Cont'd) Decisions, arranged into two classes, 5108, 51.09. Depositions for use in hearings before, 99a. - - Designation of, officers to act in place of disqualified register or receiver, 4498. Disbarment proceedings, hearings, 699a. Enforcement of land laws, 5120. Temporary assistant, 692. Examination of maps and surveys of swamp-lands made by California, direc- tion of, 4964. - Exemplifications of patents, files or rec- ords, fees, 711. Extension of time to, commence residence on homestead, 4554. Complete irrigation works, 4683. Fees for copies of records, etc., disposal of, 711, 712. Field notes and plats of surveys in Alas- ka, filed with, 5081. - Hearings by order of, 699a. Homestead, extension of time for pay- ment, 4555. + Indemnity to States for swamp-lands al- ready located, power to decide, 4961. Instructions deemed part of contracts for surveys, 4807. - - Location of military bounty-land war- rants, direction of, 4849. Minimum price on sale of public lands, how fixed, 4773. - Monthly returns by receivers, 4485. National forest surveys, 5.136. New patent on surrender of old in cer- tain cases, issuance by, 5111. Notice to, of unlawful cutting of timber, 4990. - Purchase by settlers on railroad lands restored to public domain, regulations for, 4894. . Receivers of public moneys to make re- turns to, 4485. Recorder of land titles in Missouri, pow- ers of conferred on, 4514. Register at Springfield, Missouri, direc- tion of, 4515b. . Relocating erroneous location of land- warrants by settlers, rules for, 4858. Repayment of fees and purchase money, rules for, 4598. Salary, 690. Sales, photolithographic township plats Or maps, • Saline lands, regulations for, 4752. . Seal of office, custody of, 700 Segregation surveys where State surveys found incorrect, direction of, 4964. Supreme Court reports for, 1203. Surveys, account of surveys of mineral lands, 4813. Application of deposits and appropria- tion to resurveys, 4815. Approval of surveyors, 4813. Augmented rates for survey of certain lands, in Oregon, California, and Washington allowance by, 4816, 4817. Certification of certain selections of surveyed lands to California, 4879, 4880, 4964. Compensation by day for surveying in certain States, allowance, 4823. Contracts for surveys, approval and order for, 4806. - - - Copies of plats surveyed to be trans- mitted to, by surveyors-general, 4457. Examination of maps and surveys of ºup-land made by. California, 4964. Geodetic surveys in Oregon and Cal- ifornia, regulations for, 4821. Instructions deemed part of contracts for surveys, 4807. - Lands granted to, certain states, 4876. Railroads, 4888. Maximum charges for survey, etc., of mining claims, establishment, 4642. Minimum price for reServations brought into market, fixed by, 4773. National forest surveys, 5.136. Plats of land surveyed to , be made, and information given as to public lands, 702. - Price of surveys, to be fixed by, 4808. Returns as to public lands to be made to, 703. . . Sale, coal-lands, rules for, 4663. Town-lots, direction as to conduct of when, 4785. - GENERAL INDEX COMMISSIONER OF GEN OFFICE (Cont'd) - Surveys (Cont'd) Segregation Surveys where state sur- veys found incorrect, 4964. Surveyor-general, duties as, 4452. Suspended entries, how decided, 5106. Provisions to apply to all cases after June 26, 1856, 5112. RAL LAND TOWn-sites, excessive entry, selection, 4795. - . Trustees in Oklahoma, powers of Vest- ed in, 5037. Transmission of original papers upon no- tice of Subpoena duces tecum, 701. COMMISSIONER OF HEALTH See Porto Rico. COMMISSIONER OF HINHDHAN See Indian Affairs. General provisions, 713–726. AFFAIRS Accounts of Indian affairs, duty as to, 722. Administrative examination of accounts and vouchers, 722. . . Agent may be sent to negotiate with In- dians for commutation of perpetual an- Inuities, 726. f Agreements for commutation of perpetual annuities to be transmitted to Congress With recommendations, 726. Appointment, 713. Of traders to Indian tribe, 4127, 4128. Approval of reports of engineer as to cost of irrigation projects, on Indian reserva- tions, 4205a. ASSistant, salary, 714. Bids for Supplies for Indian service, cer- tified checks, etc., 4042. Bookkeeping, statement in Bureau of In- dian Affairs, 6789. - Certificate of consent of parents to send- ing School children out of state, 4177. Certified copies of records, etc., to be fur- nished, fees, 721. Chief clerks, duties to be performed by Second assistant commissioner, 714. Salary, 669. Consultation with Indian Commission as to the purchase of Supplies, 3982. Contracts, appropriation, 4046. Consent to assignment of contracts with Indians, 4090. Copy to be furnished to auditor of war department, 4043. . Copies of decisions of Court of Claims transmitted to, 1134. Copies of records, etc., may be furnished without fees, 721. Designation of employé to sign letters, 724. Disbursing officers, requirement of new bonds, 4020. + Requirement of special bond from, 4021. Discontinuance of Schools, sale of build- ings, etc., proceeds, 41.71. - Employment of, Indian children as assist- ants in schools, 4168. Practical farmers, 4028. Superintendent of irrigation, 4205c. Enforcement of provisions as to employ- ment of Indians in the Indian service, 4031. - Expenditure of appropriation for school purposes, etc., 4170. - Fees for copies of records, etc., disposal of, 721. - Indian agents in California, not to visit Washington except on order of, 4006. Management of Indian affairs, 716. Payment of, fees on behalf of Indian par- ties in land contests, 4101. Taxes on Indian lands from share of allottee in tribal funds, 4239. Private secretary, salary, 715. Receiving clerk, designation, bond, duties, 21. Recording of deeds and papers in office of, legalized, 718. By Indians requiring approval, 719. Removal of persons from tribal reserva- tions, 4152. -- Reports by, expenditures, 6789. Hostility of Indians, 4083. Reports to, by Indian agents, 4001. Number of Indians present and receiv- ing food, etc., 4093. Superintendent of Indian Schools, 4167. Rules and regulations, admission of white children to Indian boarding schools, fees, etc., 4180. Fees for admission of white children to Indian day school, 4179. Indian affairs, by President, 723. [References are to secti [Page 2026] COMMHSSIONIER OF INDIAN AFFAIRS (Cont'd) - Rules and regulations (Cont'd) . . . Intercourse with Indians, duties of In- dian agent, 4000. Rations for children enrolled in mis- Sion school, 4166. To secure attendance of children at School, 4173. Withholding annuities from Osage. In- dian minors for non-attendance at School, 4176. Salary, 713, 714. - Sale of land allotted to Indians in sever- #: proceeds used under supervision, Satisfaction of injuries to property by In- dians, proceedings, 4159. Seal to be provided, 720. Second assistant, duties, 714. Salary, 714. - Statement of expenditures, 6789. • ‘ Statutes governing agents and inspectors ºpe Compiled and printed for their use, Supreme Court reports for, 1203. Transportation of supplies, hiring store- house and store keeper, .4048. Treaties, purchase of goods required for making of, 4038. . - Withholding annuities due Osage Indian minors for non-attendance at school, 4176. COMMISSIONER OF INTERIOR Porto Rico, see Porto Rico. COMMISSIONIER OF INTERNAL REV- ENUE . - Absence of, deputy to act, 494. Accolº, examination of by Auditor, 419, Starmps for internal revenue, 6313. Additional agents, detailed statement of, 5859dd, Appendix p. 1779. Adulterated butter, books and returns of Wholesale dealers, 6241. Control of manufacture of renovated butter, 6234. Marking and stamping after original package is broken, 6235. Agents, assigning to duty, 5856. • * Detail to office of, 365. Analytical chemist in office of, ment, salary, etc., 6226. Appeal to as condition precedent to suit, for recovery of taxes, penalties, etc., 5949. - Appointment, 490. Appointments, additional agents, 5858, 5859. Agents, 5856. . To Carry out opium registration . act, 6287p. Chemists, microscopists, 6226. TO Carry Out Opium registration act, 6287p. Clerks to carry out opium registration act, 6287p. - Deputy, collectors to carry out opium registration act, 6287p. Heads of divisions, clerks, etc., 364, 364a. Messengers to carry out opium regis- tration act, 6287p. appoint- | Assessments of tax, 5904. Articles sold without stamps, 6348. Filled cheese sold without stamps, Matches sold without stamps, 6279. Mixed flour sold without stamps, 6263. Bonded Warehouses, general, establish- ment, 6058. . General, withdrawal, directions as to, 6062 - Spirits for making sorghum sugar, 6069 Special for denatured alcohol, 6132. Alcohol manufactured by farmers, 6137. Central denaturing establishment, 6134 . Transfer of alcohol for denatura- tion from distilleries to ware- house, 6135. - Special for fortifying sweet wines, withdrawal from, 61.14, 6115. Special jor fruit brandy, control of, 6050. - Discontinuance of, 6045. Establishment, 6039. Rules and regulations, 6048. Bonds, collectors, to be prescribed by, 5847. Distiller, for payment of taxes on Spirits deposited in warehouse, regu- lations, 6035. Deputy collector, ons, except where otherwise indicated.] COMMISSIONER OF INTERNAL REV- IENUE (Cont'd) - - Bonds (Cont'd) - Gaugers, penalty, renewal, etc., 5865. Storekeeper-gauger, approval of, 5874. Cabarets, tax on admissions, computa- tion, 6309%a. Census, co-operation with Director of the Census as to tobacco statistics, 4427. Certification, diligence of collector as af- fecting credits in account, 5942. That collector has made reports re- Quired before payment of compensa- tion or commissions, 5853. Chief clerk, designation, 491. Claims to for refundment of taxes, limi- tation, 5951. * * Clerks, .364. Aºnal for collection of income tax, 3642. Collection of taxes, determine fees, etc., - . in distraint and seizure for non-pay- Iment of internal-revenue taxes, 5928. Estimate for expenses of collecting, etc., 6.741. . - Imported perfumes containing dis- tilled Spirits, regulations for, 5986a. Regulations, mode and time of assess- ing and collecting taxes in ab- sence of laws therefor, 6349, 6349a. Registry of death or removal of persons having paid special tax, 5964. Remission and refundment of taxes er- roneously assessed, 5944. Suits to collect internal-revenue tax- es, 5938, 5939. . Compensation, agents, fixed by, 5856. - Gaugers when employed in gauging fruit brandy Or detailed for special duty to be fixed by, 5868. Compromise of suits arising under inter- mal-revenue laws, 5952. . Contracts for printing of forms, etc., 492. Copies, record of sales to be transmitted to, 5925. Report of survey of distilleries to be transmitted to, 6002. Cordials, providing stamps, assessment in lieu of, 61.14b. . +. Correction of incomplete or imperfect re- turns, 5904, Decision to be Stamps, 6347. Deed for property sold to United States for non-payment of internal revenue tax, execution of, 5919. Deputy, additional deputy, salary, 364. Appointment, salary, 493. 'Detail, for special duty in other dis- tricts, 5852. - Duties, 494. Recommendations as to compensation of, 5849. - Salary, 352. final, redemption of prescribing notice of revocation of appointment of, 5849. Deputy commissioners, designation to act as commissioner, 494a. - Duties, 494a. - - . Detecting and punishing violations of revenue law, to pay for, 6365. - Distilled spirits, bottling of spirits in bond, 6071 Bottling of 6072 spirits in bond, for export, Fruit brandy, 6070. - Denatured alcohol, central denaturing bonded Warehouse, establish- ment, 6.134. Central distilling and denaturing plants for alcohol manufactured by farmers, etc., establishment of, 6137. . Manufacture of alcohol free of tax . for denaturation by farmers, etc., regulations as to, 6137. Special denaturing bonded ware- house in connection with distill- ers, regulations as to, 6132. Strength of denatured alcohol to be free of tax, regulations as to, 6132. - . Transfer of alcohol for denatura- tion from distilleries to bonded Warehouse, regulations as to, 6135. Distilleries, application through for re- imbursement for destruction of tillery and apparatus after seiz- ure, 6129. -- - Copy of report of survey to be transmitted to, 6002. GENERAL INDEX [Page 20271 [References are to sections, except where otherwise COMMISSIONER OF INTERNAL REV- ENUE (Cont'd) Distilled spirits (Cont'd) Distilleries (Cont'd) Designation of assistants to aid survey of, 6002. Exemption of manufacture of ethyl alcohol and denatured al- cohol from provisions prohibit- ing distillation between certain hours, 6024a. Filling in sweet-mash distillery by manufacturers of ethyl alcohol, 6026a. Location of vinegar factories in reference to distilleries, regula- tions as ‘to, 6023. Meters, tanks, etc., 6017a. Plan of distillery to be transmit- ted to, 6001. - To receive copy of registration of stills, 5994. Reduction of capacity, duty to pre- scribe precautions, 6093 Regulation of apparatus and fas- tenings of, 6008. Distillers, bonds, 6035. Books, form to be prescribed by, 6083. ‘Form of bond to be prescribed by, 5997. . . * Locks and seals to be used on SuS- pension of work by distiller to be furnished by, 6092. Notice to, of suspension of Work by, 6092. . Remission of assessment for de- || ficient production by, 6091. Returns by, monthly examination of, 6089. Transmitted to, 6087. Drawing from receiving cisterns for deposit in distillery warehouses without Warehouse stamps, 60.28b. Exportation, regulation as to transfer to tanks or tank cars, 6127a. Filling packages of alcohol etc. with reduced spirits from receiving cis- terns etc., 6028a. Forfeited spirits, disposition of, 6352. Fortification of wines, fortifying pure sweet yines with wine spirits, place of, regulations, 61.14. Stamping, sealing, etc., packages of pure sweet wines fortified with wine spirits, regulations as to, 61.14. . Use of wine spirits to fortify pure sweet wines, regulations as to, 6111. Withdrawal of wine spirits from Warehouses for fortifying pure sweet wines, 61.14. Special bonded Warehouses for fortifying wines for exporta- tion, 6.115. Gaugers, bonds, 5865. Compensation when employed in gauging fruit brandy, etc., to be fixed by, 5868. Gauging, branding, and stamping, new packages, regulations as to, 6104. Rectified spirits, regulations as to, 02 Regulation of, 6028. Imitation wines, special stamps to be prepared by, rules for, 6110. Instruments for use in distilling spir- its to prevent fraud, etc., to pre- scribe, 5983. Liqueurs, providing stamps, assess- ment in lieu of, 61.14b. Porto Rico, regulations as to tax, 6123. Rectifiers, form of notice, of intention to rectify distilled spirits, to be fixed by, 5996. Regulations as to marking, casks or packages dumped for rectification or received from rectification, 6102a. Sorghum sugar, rules and regulations as to withdrawal of spirits from º for making sorghum sugar, 069. Stamps, regulations as to affixing and protecting, 6103. Storekeeper’s record of distillery op- erations, prescribe form of book for, 6082. Transfer of alcohol for denaturization to bonded warehouses, allowance for leakage or loss, 6135. Vouchers for amount of tax paid stamps used on sale of spirits for tax, approval of, 6131. COMMHSSIONEER, OF INTERNAL REV- ENUE (Cont'd) Distilled spirits (Cont'd) Wholesale liquor dealers, regulation as to returns of quantity of spirits received, 6104. - Withdrawal from general bonded Warehouse, directions as to, 6062. Withdrawal of grape brandy or wine spirits for fortification of Wines, 6110 b[c]. Drawback of articles shipped to Philip- pines, 6338. Duties, 492. Employees, 364. Field service, designation of posts of duty, 5861a. - - Per diem in lieu of subsistence, . 5861a. - - Estate tax, assessment, 6336%f, 6336%g. Refundment, 6336%h. Regulations, 6336%m. Excess profits tax, regulations, 63.36% n. Exemption of, distillers of brandy made from apples, etc., 5990. Small distilleries from certain re- quirements, 5991. Expenses of collectors, allowance for, 5850 - Fees, in distraint for non-payment of in- ternal revenue taxes to be determin- ed by, 5928. Of gaugers to be fixed by, 5866. Fermented liquors, breweries, meters, tanks, etc., 6017a. Cancellation of stamps, regulations as to, 6144. Disposal of canceled stamps represent- ing payment of tax for liquor re- moved for bottling, regulations as to, 6161. - Manner of affixing and canceling stamps, permit for removal of fer- mented liquors, without stamping, 6151. Permits for brewer to conduct busi- ness at other place on account of accident, 6157. Pipe lines in breweries for bottling, locks and seals, etc., regulations, 6.161. - Purchase by one person from another, regulations, 6.156. ',' Removal to contiguous industrial dis- tilleries for use as distilling ma- terial without payment of taxes, 6151a. º, Sale and transfer of unfermented works, regulations, 6158. Stamping liquors, removal for stor- age without stamps, regulations, 6151. Stamps for, to be prepared by, 6147. Filled cheese, assessment of tax on sale without stamps, 6249. Books, bonds, etc., of manufacturer, regulations, 6244. Marking and branding packages after breaking of original package, regu- lations, 6245. Regulations to Carry act into effect to be made by, 6257. Sureties on bond, requiring new, 6244. Tests to determine if filled cheese is deleterious to health, appeals from decision, 6.254. - Fruit distilleries, requiring use of spirit meters, locks, seals, etc., d. Gaugers, assignment and transfer, 5875. Bonds, penalty, renewal, etc., 5865. Compensation when employed in gauging fruit brandy, etc., to be fixed by, 5868. - Pººled for duty in other district, 76. Fees of to be fixed by, 5866. Heads of divisions, compensation, 364. Imported liquors stamped by, 5650. Income tax, additional chiefs of divisions, clerks, supplies, etc., 364a. Assessments to be made by, 6336i. On corporations, assessment in case of fraudulent return or failure to make return, 6336n [a]. Returns, extension of time for fil- ing, 6336m [c]. Forms, 6336m [b]. Regulations in case accounts are kept on basis other than of actual receipts and dis- bursements, 6336m [d]. Transmission to, 6336m[b]. indicated.] - COMMISSIONIER OF INTERNAL REV- ENUE (Cont'd) Income tax (Cont'd) On individuals, statement from cor- poration, etc., of gains and profits may be required by, 6336c. Regulations as to licenses to persons collecting foreign payments of in- terest, etc., 6336i{f]. - Returns, 6336xx, 6336xxx, 6336 y. Extension of time for filing, 6336hſb]. - Forms, 6336H [b]. Gains and profits, 6336iſg]. Statistics of operation of law to be compiled, 6336t. - Increasing amount of tax on failure to make return or list, 5899. Lands acquired by United States on Sale for nonpayment of internal revenue tax to be in charge of, 5930. - Lease of property acquired by United States, 5930. Leave of absence to internal revenue agents, regulations, 5877a. - Messengers, 364 - Meters, tanks, etc., at distilleries, brewer- ies etc., 17a. Microscopist in office of, salary, etc., 6626. Mixed flour, assessment of tax on Sale without stamps, 6263. Employment of additional clerks and agents to carry act relating to into effect, 6269. Exportation without payment of tax, regulations, 6266. Regulations to carry act into effect, 6269 appointment, Munitions tax, assesment, etc., 63.36%f. 63361/g. Eºlion of books, etc., 6336%i. Regulations, 6336%m. Returns, 6336%.e., - Occupations, regulations, as to keeping list of names of persons paying Special tax on, 5963. Officers to render statement of fees un- der oath to, 5879. º Oleomargarine, appeal to board in Con- test as to taxable mixtures, 6226. Assessment of tax on OleOmargarine sold without stamps, 6221. Bonds and manufacturers, regulations as to, 6217. Books and returns of wholesale deal- ers, 6241. To make regulations to carry act into effect, Stamping, branding, 3. etc., packages of regulations as to, 6218. Opium, appointment of agents to carry out act, 6287 p. , Appointment of, chemists and a S- - sistant chemists to carry out registration act, 6287p. Clerks to carry out registration act, 6287p. • Deputy collectors to carry out registration act, 6287p. Messengers to carry out registra- tion act, 6287p. Bond from manufacturer, 6287a. Form of written orders, 6287h. Registration and tax, rules and regu- 1ations to carry act into effect, 6287g. Regulations of manufacture, 6287b. Requiring additional Sureties OIl bonds, 6287b. Playing cards, preparation and furnish- stamps for, 6313. Regulations as to exportation without payment of tax, 63.15. Process butter, books and returns of wholesale dealers, 6241. Regulations for enforcement of war reve- nue act, 6349b. - Renovated butter, books and return of wholesale dealers, 6241. Control of manufacture of, 6234. Reports to, delinquency in office, 5883. District attorneys, 1297. r District court clerks, 1325. Store-keeper, 6081. Reports, usual number of copies to be printed, 7075. Returns to. district attorneys, 1300. Foreign corporation, as condition to allowance of exemption from spe- cial excise tax, 5980a. Insurance companies, 6309%b. GENERAL INDEX [Page 2028] IReferences are to sections, except where otherwise indicated.] COMMISSIONIER OF INTERNAL REV- ENUE (Cont'd) Returns to (Cont'd) Manufacturer, etc., of miscellaneous articles subject to war tax, 6309%b. TranSportation companies, 6309%d. Salary, 352, 490. - Additional deputy commissioner, 364. Heads of divisions in office of, 364. Sale of property of the United States ac- ºed under internal revenue laws, 930. - Seizures, authorization to officers, 5886. Sorghum Sugar, regulations as to with- ºval of Spirits from bond for making, Special excise taxes, regulations as to assessment and collection, 5980k. Stanlps, account of, 6313. Cancellation, 6202a, 6318e. Cigarettes, cancellation, 6202a. Distilled Spirits, discontinuance of Certain stamps for, 5986d. Form and use of, 6095. Preparation and issuance, 6094. Regulations as to affixing and pro- tecting, 6103. Fermented liquors, to be prepared by, 6147. Form and device of internal revenue jºbs. labels, etc., change of, For payment of tax on, distilled liq- uors, to be prescribed by, 5986. oºpations to be procured by, Furnished to postmaster 6318g. - Pºppine Imanufactures, provided by, general, Preparation and distribution, 6318f. Redemption, decision to be final, 6347. Upon declaration, etc., 6346, 6346a. Rºlance When lost or destroyed, Tax on Porto Rican manufactures im- ported into United States, 3749. White phosphorus matches, to be pre- pared by, 6278. Wine tax, 6110bſb]. Storekeeper, approval of bond of, 5862. Assignment and transfer to distillery warehouses, 5863. Daily return to, by, 6081. Pººled for duty in other district, Form of record of distillery opera- tions to be prescribed by, 6082. Permission to engage in other busi- ness necessary, 5862. - Report to commissioner, 6081. Storekeeper-Gauger bond, approval, 5874. Detailed for duty in other district, Suit in chancery to recover property sub- ject to tax to be directed by, 5929. Supreme Court reports for, 1203. Tobacco, Snuff, cigars, etc., appeal to as to bond of manufacturer, 6163. Bond for return of goods seized, form of to be prescribed by, 6361. Books, dealers in leaf tobacco, 6168. Kept by manufacturers to be pre- scribed by, 6166, 6200. Cancellation of stamps on packages of cigarettes, 6202a. Change in stamps and prescribing in- struments for attaching, protecting and canceling stamps, 6342. Destruction of abandoned and con- demned in certain cases, 6178. Exportation of, 6.194. Cigars without payment of tax, etc... regulations, 6207. Forms, books to be kept by manufac- turer to be prescribed by, 6166. Inventory of manufacturer to be prescribed by, 6166, 6200. Packages, 6162. Inspection of cigars, 6206. Keeping cigarettes, etc., regulations, 6202. Tabels on packages of cigars, 6204a. Records to be kept by retail dealer in leaf tobacco, 6175. Registration and records to be kept by retail dealers in leaf tobacco, Removal from bond without payment of tax for exportation, 6192. stamº for cigars to be provided by, 20 COMMISSIONER OF INTERNAL REV- ENUE (Cont'd) Tobacco (Cont'd) Stamps for cigars to be provided by (Cont'd) Special Stamps for payment of tax on tobacco and snuff to be pre- pared by, 61.78. Statement furnished by retail dealers in leaf tobacco, regulations, 6175. Using stamps sold under distraint, regulations, 6178. Transfer or suspension of officers, power, 5882. Transportation tax, ment, 6309%a. White phosphorus matches, assessment of tax on sale without stamps, 6279. Regulations, as to business of manu- facturer, 62.72. - Carry act into effect to be made by, 6285. . . Wines, allowance for unavoidable loss, 61.14e provisions for pay- Providing of, 4b Regulations as to removal of domes- tic wines to bonded premises, 61.14a. Regulations to carry out Wine tax, 6114f. COMMHSSIONER OF LABOR. See Department of Labor ; Secret(Ury of Labor. - Transfer to Labor Department, 934, 935. COMMISSIONER OF LABOR STATES- TICS Appointment, term, salary, 947. Bulletin, 949, 950. - Change of designation, 944. Duties, 948. - Powers and duties, Hawaiian labor, 3717. Reports of Hawaiian labor, 952 Reports to President and Congress, 951. COMMISSIONER OF LIGHTHOUSES See Lighthouse Service. COMMISSIONER OF MARINE AND SEARHAN'S INSURANCE Salary, 514a. Subpoenas for witnesses, 514kkk. COMMISSIONER OF MEEDIATION AND C4ON CHILIATION Appointment, salary, tenure, 8676(1). Assistant, appointment, pay, duties, etc., 8676(2). COMMISSIONER OF MILITARY AND NAVAL INSURANCE Salary, 514a. - - Subpoenas for witnesses, 514kkk. COMMISSIONER OF NAVIGATION Advances and allotments of seamen's wages, regulated by, 8323. Appointment, 895. Charge of Bureau of Navigation, 890. Consolidation of forms of enrollment and Iicense of vessels, 8066, 8067. Duties, 891, 892. Measurement of vessels for tonnage regul- lated by, 7733. Notation of rebuilding of wooden vessel, 8. - stamps, assessment in lieu Porto Rican vessels, regulations for na- tionalization, 3756. - º Private signals of vessels registered by, 7761. Registry of vessels, registration as to pro- visional certificates abroad by consular officers, 7709a. Reports, number of copies, 7084. Salary, 895. Statistics of, customs, 880. Supreme Court reports for, 1203. Towage of barges, regulated by, 7969. Vessels, change of name, 894. Of United States, listed by, 893. COMMISSIONER OF PATENTS Affidavits, rules prescribed by, 9450. Appeals from decision of, to Court of Ap- peals of District of Columbia, 9456. Proceedings, 9457, 9458. In trade-mark cases, 9494. Appeal to, from examiners-in-chief, 9455. From examiner in trade-mark cases, distribution, collected by collectors of Application for patents to be made to, 9432 Appointment of, 736. Assignment of trade-marks recorded by, 9495. COMMISSIONER OF PATENTS (Cont'd) Assistant, appointment of, 736. ASSignment of duties, 738. First assistant, 738. Duties, 738. First assistant, duties, salary, 738. Salary, 737, 738. Bill in equity to obtain patent after re- jection served upon, 9460. Bond, 741. Cancellation of registration of trade- marks, 9498. Certificate of registration, interfering trade-mark cancelled by, 9507. Trade-marks, signed by, 9496. Certified copies of, papers relating to trade-marks as evidence, 9496. • Fºº, Specifications and drawings, 70 Classification of, merchandise for trade- mark registration, 95.12. Miodels, etc., 746. Collections of eXploring expeditions, cus- tody of, 759. Copies of drawings, etc., to be furnished by, 757. Custody of, books, etc., of office, 743. Collections of exploring expeditions, Decisions, printing of, number of copies, prompt transmission of copy to Con- gress, 7093. Department heads may request expedition of consideration of application, 9442. Depositions, rules prescribed by, 9450. Designs, models of dispensed with, 9478. Duties, 743. Examination of, alleged new invention, etc., and issue of patent, 9437. Trade-marks, 9491. Examiners-in-chief to report upon claims for extensions When required by, 744. Exchange of copies With Dominion of Can- ada, 757a. Excuse for delay in application presented to, 9438. Expiration of patents, notice to heads of Department interested, 9438. Extension of patent granted prior to March 2, 1861, 9470-9474. • Federal Reporter, etc., for, 1206. Fees for registration of trade-marks, 9499, 500 Government patents, notice to prevent abandonment, 9438. Interferences, 9449. - Trade-marks, 9492. Lithographing, etc., for Patent Office, di- rection of, 7094. Patent specifications and drawings, 755. Models, applicant required to furnish, 9435. Classifications and arrangement of models, etc., 746. . Of designs dispensed with, 9478. Disposal on rejected applications, 748. Nomination of subordinates, 736. Notice to applicant of rejection of appli- cation, 9448. Panama Pacific Exposition, office for reg- istration of patents established at, 9525. Patent-agents, exclusion for misconduct, 0 • 50. Patents signed by, 9427. - Price of uncertified printed copies, 756. Printing, additional copies of specifications and drawings for sale, 754. Claims, laws, decisions, etc., 752. Papers printed at expense of party fil- ing, 751. Patent Office, authority to continue, 7093. State capitols, etc., specifications and drawings, 753. Private secretary, appointment, 739. 739, Appendix p. 1744. Salary, 739. 739, Appendix p. 1744. Publication of trade-marks, 9491. Re-examination of claim for patent after rejection, ordered by, 9448. Registration, prints and labels, 9517a. Trade-marks, regulated by, 9485, 9511. Regulations for business of Patent-Office, 745. Reissue of several patents for separate parts of invention allowed by, 9461. Reports of, annual, 758. Number of copies, distribution, 7093. Sale of, 7093. º number of copies to be printed, 7075. GENERAL INDEX [Page 20291 [References are to sections, except where otherwise indicated.] COMMISSIONER OF PATENTS (Cont'd) Bºrn of models on rejected applications, - & Salary, 737, 738. - Specifications for reissue, amendment al- lowed by, 9461. Specimens of ingredients, etc., applicant required to furnish, 9434. Supreme Court reports for, 1203. Typewriters, advice to treasury regarding, 6836a. COMMISSIONIER OF PENSIONS General provisions, 727-734. Absence of, deputy to act, 729. - Application for subpoenas to witnesses in pºeedings to determine pension frauds, Appointment, 727. Appointments, acting disbursing clerk for payment of pensions, 672. Civil examining surgeons, 9106. Examining surgeons, 9103. Person to sign certificates, etc., for bounty-lands, 732. Arrears, deduction from pension of amount of arrears due claim agents, etc., 9112. When to pay, 8999. Attorney’s fees in pension cases to be fixed by, 9112. Agreement for, to be filed with, 9115. Rejection of contracts, etc., where unfair, 91.17. r Bounty-lands, additional evidence claimant as to service, 4844, 4847. Rules for proving service by claim- ant, 4843. Certificate of examining surgeon subject to approval of, 8973. Death, resignation, or absence of, who to perform duties, 729. º: Deputy Commissioner, to act in absence of Commissioner, 729. Appointment, 729. Duty, 729. Salary, 729. Detail of clerks, etc., for investigating suspected attempts at fraud, 9073. Direction of examination of examining surgeons’ reports, 731. Duties, 728. Examination of pensioners, reduction of pensions, 9099. Medical referee, control of, 9105. Notification of applicant of issuance of certificate of pension or of bounty land warrant, 9081. Printed instructions to be furnished free of charge, 9081. - Private secretary, appointment, 730. Salary, 730. Record to be kept by, 8972. Regulations, as to desertion, entrance in- to Soldiers’ Home and marriage of widows to be made by, 9096. For payment of arrears, 9003. Reports, 733, 734. Amount paid for additions and re- ductions on pension rolls, 733. Pensioners and payments for pensions on account of each war, 734. Salaries in office of, 669. Salary, 727. Settlement of claims for reimbursement of last sickness and death of deceased pensioners to be under direction of, increase or Special examinations of pensioners, in- crease or reduction of pension, 9099. Supreme Court reports for, 1203. sºnsion of payment under special act, 19. Visiting pensioner for examination and inspection, 9096. - COMMIHSSHONER OF PëſBLIC STRUCTION See Hawaii. COMMISSIONER OF PUBLIC LANDS See Hawaii. COMMISSIONERS See the specific titles. Admiralty, see Reference and Referees. Accounts, rendition of, 433. To administer oaths to appraisers, ap- pointment, 1043. - Appointment, by Court of Claims, 1148. Assay-commissioners, 6518. Condemnation proceedings in District of Columbia, 6914. IN- Court of Customs Appeals, clerk disquali- fied, 1182. - comptroller of COMMISSIONERS (Cont'd) Details from executive department, etc., prohibited, 6782. Expenses of commissioner not to be paid unless authorized by law, 6782. Fees, 1375. International conference for regulation of immigration, 4289% nn. International prison commission, 7685. Jury commissioner, 1253. Resident Commissioners, not to practice in Court of Claims, 1135. Porto Rico, accepting bribes, 10280. Salary, 36 Search warrant to customs officers issued by, 5769. Selection of jurors, 1253. Territorial courts, fees, 3471. Compensation, 5196. Yellowstone Park, appointment, powers, etc., 5.194. Office, 5199. - Salary, 5196, 5197. COMMHSSIONERS OF DISTRICT OF C{}LUMIBIA Compensation of officers of National Training School for Girls approved by, 94.17. Documents allotted to, Official Register, 7092 Freedmen's Hospital, supervision of ex- penditures of, , 3976. Harbor lines, 3366. Insane persons, application for admission of nonresident to insane hospital, 93.15. - Nonresident indigent returned to resi- dence, etc., 9316. Order for admission of indigent to in- | sane hospital, 9307, 9308 Proceedings for commitment of in- digent to insane hospital, 9313. On petition of, 93.17. Reports to of discharge, 9337. Temporarily committed to insane hos- pital, 9336. - Private hospitals, 9337. Intoxicating liquors, enforcement of laws, 21%O. Licenses for manufacture of, 3421%CC. Permits for wine for sacramental pur- poses, 342.1%.C. Records of sales and shipments of, 342.1%d. Reports to, by pharmacists, 342.1%bb. Jurisdiction over reservation 185 trans- ferred to, 3351. National Training School for Girls, cation approved by, 9415. Officers of National Training School for , Boys to report to, 9400. Public Grounds, regulations for, 3357. Rock Creek Park, control jointly with Chief of Engineers, 3360. Street parks, jurisdiction transferred to, 3352. Streets, authority to designate business streets, 3353. Transfer of jurisdiction between, Chief of Engineers, 3356. Trustee of National Training School for Boys, 9393. Wharves, construction and rental, 3365. Controlled by, 3364. Permit for Wharf in Potomac River, 9942–9945. COMMISSIONERS OF IMMIGRATION See Inv'migratio?!. Appeals to from boards of special inqui- ry, 4289%ii. - Appointment, 4271. At New Orleans, 4283, Not affected by act relating to ap- pointment of immigrant inspectors, 4289%.O.O. - Appointments by, board of special inqui- ry, 4289%ii. - Duties, 4289%0. Term of office, 4271. Transfer to Labor Department, 857, 859, 934, 935. C4OMMISSIONERS COUNTRIES Absence without leave, 3199. lo- and TO FOREIGN Diplomatic officers, 3116. Salaries of, to be three-fourths amount allowed to minister, 3117. Term during which salary is payable, 3.198. CGYTATISSIONERS TO TAKE MHONY See Depositions. TESTI- COMMISSION OF FINE ARTS Appointment of members, powers and du- ties, secretary, etc., 3367. Public buildings commission, 3369a. Report on Panama Canal structures, 10040. COMMISSION ON INDUSTRIAL RELA- TIONS General provisions, 8913-8917. Appointment, 8913. - Compensation of members, 8914. Composition, 8913. Employés, compensation, 8917. * Fºyment of experts, compensation, Establishment, 8913. Experts, employment, 8914, 8917. Inquiries into labor conditions, 8716. Oaths, authority to administer, 8914. Offices, stationery, etc., 8914. Printing and binding, 8914. Reports to Congress, 8915, 8916. Secretaries, experts, etc., 8914. - Sittings and public hearings, 8914. Stenographers, 8914. Traveling expenses, 8914. Witnesses, 8914. COMMISSIONS |See California Débris Commission ; Civil Service Commission ; Coºm mis- Sion of Fine Arts ; Employés’ Com- pensation Act ; Federal Trade Com- "mission and Unfair Competition : In- terstate Commerce Commission ; Isthºnian Canal Convºmission. ; Mili- tary Com/missions ; Mississippi River Commission ; Monetary Commission ; National Monetary Commission ; Of- advice to, ficers Reserve Corps ; Philippine Com/mission ; Public Buildings Com- 777 issio?". Fees and allowances, see Fees. g Fish com/mission, see Fish, Fisheries, etc. . . - International coºr mission for investi- gation of waters adjacent to Canada, see International Waterways Com- "mission. Regulation of hydraulic mining by California débris commission, see Hydraulic Mining. - To take testimony, see Depositions. Advisory Commission to council of na- tional defense, 3115b. Expenses of, not to be paid until ap- propriation made, 6781. Industrial relations, 8913-8917. International commission for investiga- § of waters adjacent to Canada, 9984, International prison commission, 7685. Investigation of railroad stocks and bonds, 8602. Investigation of transmission of mail by pneumatic tubes, 7428. - - Investigations betweene carrier and em- ployé, 8680b. - National Forest Reserve 5.177-5187. National military parks, in charge of va- gºles, secretary of war as member, 2.90. Officers of Porto Rico, 3803ddd. Officers of United States, president’s duty (Const. art. 2, § 3). Official appointments confirmed by the senate, 3249, 3253. Enumerators of census, 4396. Lists of officers, etc., to be prepared and filed for Official Register, 7092. Postmasters, authentication, 581. Sealed and reported by Secretary of State, 3305. Services in Connection. WIth federal COn- trol of transportation systems, 31.15%h. State, War and navy building, reappor- tionment Of Space by commission in charge of, 3328a. Temporary, Senate recess (Const. art. 2, § 2, cl. 3). Yachts, 7809. COMMITMENT - Insctive hospital, see Insane Persons. Copy of writ, delivered to sheriff or jailer, 1695. Foreign seamen, 7631. Insane hospital, 9292–9339. - One writ for. on several indictments, etc., against Same person, 1693. Order for arrest of person admitted to bail because of its insufficiency to be indorsed on, 1683. . Commission, GENERAL INDEX COMMITMENT (Cont'd) Witnesses refusing to give recognizanc- es, 1492. COMMMITTEE ON ACCOUNTS House of representatives, inquiry as to certification of pay rolls of em- ployes, 70. - Oaths, authority to administer, 70. Reports, employes, 70. COMMITTEE ON PUBLIC INFORMA- T{ON Appropriation, 31.15%b, Appendix p. 1773. COMMITTEES See Committee on Accounts : House of IRepresentatives ; Seºvolte. - Jongress, see Congress ; Joint Com- "mittee on Library. . - Joint commºnittee on printing, see Joint Com/mittee on Printing. Organization committee, Reserve Ba?vks. . - Hearings of, printed only when specifical- ly ordered, 7153. . Insane persons, 93.17. see Federal COMMOIDITY CLAUSE OF RAILROAD || IRATE ACT Text of act, 8563(6). COMMODORES Pay, 2894. - Rank, 2660. 3. COMMON CARRYERS - - See Interstate Com/merce Commission : Passengers and Passenger Trans- portation ; Railroads ; Towboats, Transportation. Arbitration between carriers and em- ployés, see Arbitration. Actions, delay, loss, or injury to property transported, removal to federal courts, 1010. - Agent, in city of Washington to be desig: ignated for service of notices and processes, 8600. Issuance of bills of lading, liability of carrier, 8604kk. Liabilities for acts of, 8597. Posting of names of resident agents of railroad, 8569. - Alaska, coal lands, restriction on lease of, 5078c. - Allowance for services rendered or instru- mentality furnished by Owner of prop- erty transported to be no more than just and reasonable, 8583. Animals in transit, 8651-8656. Accommodations on vessels for export cattle, 8655, 8656. Penalty for violation of rules, 8656. Limitation of time of confinement in cars or vessels, 8651. Sheep not required to be unloaded at night, 8651. - Unloading for wrest, water, and feed- ing, 8651. Charges and lien for food, , etc., 8652. Fenalty for neglect, 8653, 8654. Arbitration between carriers and employ- és, 8666-8676. 8675a, Appendix p. 1795. Assumption of risk of injury by employés, 8660 TJnder safety appliance act, 8612. Attachment of goods shipped, 8604l. Bills of lading, 8604a–8604W. Action defined, 8604 ull. Act not to have retroactive effect, 8604v. Alteration, enforcement according to Original tenor, 8604g. t Attachment by garnishment of goods delivered to carrier under order bill, 604l. Bill defined, 8604uu. Bona fide purchaser, bill negotiated in breach of duty, 8604s. Mortgage or lien valid apart from Act, 8604tt. From mortgagor or pledgor of or— der bill, 8604ss. Carrier must count packages Or ascer- tain character of freight, 8604 jj. Claim of title to goods as excuse for refusal to deliver according to terms of bill, 8604.hh. - Claims of third persons to be enforc- ed by legal process, 8604.j. Conflicting claimants may be requir– ed to interplead, 8604i. Consignee defined, 8604uu. certification of pay rolls of IPage 20301 COMMON CARRIERS (Cont'd) Bills of lading (Cont'd) Counterfeiting, penalty, 8604u. Delivery in case of information as to adverse claim, 8604ii. Duplicates, liability of carrier, 8604h. Duty of carrier to deliver on demand of holder of order bill, 86046d. Forgery, penalty, 8604u. Goods defined, 8604uu. Holder defined, 8604ulu. Holder not to be deprived of existing remedies, 8604a. Indorsers, not liable for acts of car- riers or previous indorsers, 8604r. Issuance, by agent, liability, 8604kk. Exceptions, 8604a. Liens valid apart from Act, 8604tt. Limitation of liability, 8604a. Mortgage, valid apart from Act, 8604tt. Warranties by mortgagee, 8604rr. Negotiation of order bill by delivery or indorsement, 8604n, 8604nn. Order bill, bona fide purchaser has superior lien to seller of goods or to right of stoppage in tran- situ, 8604t. Duty to deliver goods on demand of holder, burden of proof in case of failure, 8604dd. Execution or garnishment against goods, 8604l. Holder as person to whom carrier may deliver goods, 86046. Indorsement in case of issue of duplicate, liability for failure to make indorsement, exception, 8604c. - Insertion of name of person to be notified, not to affect negotiabil- ity, 8604d. Liability of carrier after sale of goods to satisfy lien, 8604mm. Liability to purchaser of bill for delivery without surrender of bill, 8604f, 8604ff. - Lien of carrier, 8604m. - Loss, court may order delivery of goods on, persons without notice not affected, 8604gg. Negotiability, insertion of name of person to be notified, not to affect, 86046. Non-negotiable provisions void, 8604b. Negotiation, indorsement, 8604nn. Mortgagor or pledgor to person without notice, 8604ss. Person in possession, 860400. Not to be issued in parts Or sets, . exceptions, 8604bb. Liability in case of issue, 8604bb. Remedies of creditors of OWner, 8604ll. Specific enforcement of indorse- ment, 86040. Title and rights acquired by trans- feree, 8604p. Order defined, 8604uu. Partial invalidity of Act, 8604v.v. Person defined, 8604uu. Pledges, warranties by pledgee, 8604rr. Purchase defined, 8604U u. “Shipper’s weight, load, and count,” term prohibited, 8604.jj. State defined, 8604ulu. - Straight bill, cannot be negotiated free from existing equities, 86040. Consignee as person to Whom car- rier may deliver goods, 86046. Indorsement as non-negotiable, ex- ceptions, 8604cc. Notice to carrier in case of trans- fer, 8604pp. What constitutes, 8604aaaa. Time of taking effect of Act, 8604W. Transfer by delivery and agreement to transfer title, 86040. Transfer without negotiation, rights acquired, 8604 pp. - Transportation included in Act, 8604aaa. Warranties of mortgagee or pledgee of | bill, 8604rr. Warranties on transfer by ment or delivery, 86040 g. Weight, load and count to be ascer- tained by carrier, where freight is loaded by shipper, request of ship- per, 8604k. indorse- [References are to sections, except where otherwise indicated.] - COMMON CARRIERS (Cont'd) Burden of proof to show increased rates just and reasonable, 8583. Canal-boats, etc., or vessels in river or ºna navigation, provisions applicable, Carrier to mean, 8569. Car service, 8563(8). - $ Charterer of vessel, when deemed owner, Classifications of property for transporta- tion to be made, 8563. Combinations to prevent continuous car- riage of freight to destination prohibit- ed, 8571. - Commerce clause (Const. art. 1, § 8, cl. 3). Commission to investigate relations be- tween carrier and employe, appoint- ment, report, etc., 8680b. “Common carrier” defined, 8663. Commutation tickets may be issued, 8595. Competing carriers, forbidden to enter in- to contracts for the pooling of freights, 8567. - Water lines not to be owned, leased, etc., by, 8567. Competition, fact of to be determined by Interstate Commerce Commission, 8568. Connecting carriers, equal facilities for interchange of traffic, 8565. Indemnity from for causing 8604a.a. Contracts, etc., not to exempt from liabil- ity, 8604a. cºbutory Inegligence of loss, employes, Control by president in time of war, 1974a. Copy of reports of Interstate Commerce Commission investigations to be fur- nished to carrier complained of, 8582. Corporations, included, 8563. Crimſº liability for acts of agents, etc., Liabie for violations of acts regulating commerce, 8597. Definition, 8563, 8628. Delivery of goods, claim of third person must be enforced by legal process, 8604.j. Claim of title to goods by carrier, as excuse for refusal to deliver, 8604.hh. Conflicting claimants may be required to interplead, 8604i. Courts may order on loss of order bill of lading, 8604gg. * Duty to deliver to consignee or hold- er of order bill of lading, 86046. Intoxicating liquors in District of Co- lumbia, 34.21%dd. Liability for wrongful delivery, 86046.e. Not required to deliver on informa- tion of adverse claim, 8604ii. Persons to whom carrier may deliver goods, 86046. - Disclosures by carrier, etc., of informa- tion concerning shipments and solicit- ing, etc., such information unlawful, exceptions, 8583. Discrimination inducing or attempting to induce unjust prohibited, punish- ment, 8574. In rates prohibited, 8564. Dock connections between rail and water carriers, establishment, 8569. Terms and conditions for use of, 8569. Embezzlement by officers, property or money used in Interstate Commerce 8602a. 3. Employés, defined, 8630. f Equal facilities to be furnished connect- ing lines, 8565. Execution on goods shipped, 8604). Existing obligations, liabilities, etc., not affected by certain act, 8601. Extension of arrangements between rail and water carriers to other vessels, 8569. False billing, etc., at less than regular rates, prohibited, 8574. . False entries in accounts, records, etc., Or alteration, etc., thereof, punishable, penalty, 8592. Federal control of transportation systems, 1974a, 31.15%a-31.15%p. g *ś, not liable for loss by, unless, etc., Free transportation prohibited, excep- tions, 8563a. Freight, Weight, load, and count, ascer- tainment by carrier, 8604.jj, 8604k. Garnishment of goods shipped, 8604l. Hours of service of employés, 8677-8680, Accidents and wrecks, 8679. GENERAL INDEX IPage 2031I [References are to sections, except where otherwise COMMON CARRIERS (Cont'd) Hours of service of employés (Cont'd) Finality of decision of circuit court of appeals, certiorari from supreme court, 11.20a. Penalties, 8679. Wages to be computed on eight hour ..day, exceptions, 8680a–8680d. Indemnity from connecting carriers caus- ing loss, 8604aa. Initial carrier, indemnity, 8604aa. Liability for loss of goods, 8604a. Injurº,” employés, assumption of risk, Assumption of risk, under safety ap- pliance act, 8612. Contributory negligence, 8659. Hauling cars for repairs, 8621. Limitation of liability, 8661, 8662. Negligence, 8657, 8658. Review of decisions of circuit court of appeals by Supreme court, 11.20a. Survival of right of action, 8665. Interpleader, conflicting claimants goods, 8604i. Interstate commerce commission, answers to questions of, 8592. Application for rehearing not to ex- Cuse compliance with orders, 8585. Apportionment of joint rates may be prescribed by in case of disagree- ment, 8583. Competition, fact of to be determined by, 8568. Complaint of violations of law by, proceedings upon, 8581. Copy of reports of commission inves- tigations to be furnished to carrier COImplained of, 8582. Damages award against, 8584. Forms of accounts, records, etc., may be presgribed by, 8792. Interest in forbidden, 8575. Investigate absence of, 8590. Management of inquiry as to, 8576: Maximum allowance for services ren- dered or instrumentality furnished by owner of property transported, determination of, 8583. Interstate commerce regulations, arbitra- tion between carriers and employés, 8666–8677. Jurisdiction of transportation by rail and Water through Panama Canal or Otherwise, 8569. Hiability for injuries to employés, 8657–8665. New rates, etc., may be suspended by commission pending hearing, 8583. Orders, duty to comply with, 8584. Made only upon formal complaint, etc., 8570. Penalty for failure to obey certain orders, 8584 Proceedings, enforcement of orders for payment of money in case of failure to comply, 8584. Enforcement of orders other than for payment of money in case of failure or neglect to obey, 8584. Enforcement of tariffs, prohibition of discriminations, etc., 8599. Parties to, 8598. - Production of books, etc., in equitable proceedings for enforcement of tar- iffs, prohibition of discriminations, etc., 85.99. Reports and information to, 8592. Safety appliances, 8605–8650. Service of notices and process upon in proceedings before, 8600. Standards of equipment to be desig- nated by, 8619. Uniform systems of accounts may be required of, 8592. Intoxicating liquors, delivery in District of Columbia, 3421%dd. Drinking on passenger coaches, Alaska, 3643i. In District of Columbia, 3421%g. Transpºration, in Alaska, 3643dd- Of in In District of Columbia, 342134b, 342.1%d, 3421%dd. Investigation of explosions and fires, 31.15%.jj. Joint interchangeable mileage tickets may be issued, 8595. Joint sºns, Concurrence in to be filed, Names of carriers Specified, 8569. - Larceny by officers, of moneys, property, etc., used in Interstate Commerce, 8602a. parties to to be COMMON CARRIERS (Cont'd) Liablº, for violation of prohibitions, To purchaser of order bill, in case of Surrender without bill, 8604f, 8604ff. Lien on goods shipped, 8604m. Sale of goods to satisfy, 8604mm. Limitation of liability, injuries to em- ployés, 8661, 8662. Lading, bills of, 8604a. Notice of claim not required when property damaged while being load- ed or unloaded, or damaged in tran- sit by negligence, 8604a. Ship owners, errors of navigation, dan- gers of the sea, etc., 8031. Failure to equip, etc., exemption prohibited, 8030. Gold, bullion, jewelry, etc., notice by shipper, 8019. Merchandise embezzled, destroyed, 8021-8023. Negligence, 8029. Part owners, 8028. Time for filing claim, 8604a. Giving notice of claim, 8604a. Mandamus to compel compliance with re- quirements, 8592. Mileage tickets, joint interchangeable may be issued, rates, etc., to be filed, 8595. Monopolies, aiding in construction of branch or short lines not unlawful, 8835g. . . Equity suits for injunctive relief not to be brought, exception of suits by United States, 8835o. Restriction of dealings with other cor- porations where same person is di- rector, officer, etc., statement of transactions to be filed, 8835i. Negligence causing injury to employés, 8658. Notice to of interstate quarantine against plant diseases, etc., 8760. Obstructing transportation during war with Germany, penalty, 8563 (9). Officers, embezzlement, moneys, property, etc., used in Interstate Commerce, 8602a. Orders of Interstate Commerce Commis- sion, duty to comply with, 8584. Made only upon formal complaint or proceedings instituted upon own mo- lost, or tion, 8570. Penalty for failure to obey certain or— ders, 8584. - Service upon, 8584. Passes prohibited, 8563. ficers of other railroads, 8595. Penalties, failure to comply with orders as to car service, 8563(8). Failure to give preference to com- modities essential to national de- fense, 8563 (10). Failure to give written rates, etc., 8569. Failure to keep accounts, records, etc., as prescribed or submit same to inspection, 8592. Failure to obey certain orders of com- mission, 8584. Neglect as to safety appliances, 8614, 8619, 8621, 8626. Obstructing transportation, 8563(9). statement Of literated brands, stamps, etc., 6105. Violation of prohibitions for which no penalty otherwise provided, 8574. Violation of . quarantine laws between states and territories, 9178. Physical valuation of property by In- terstate Commerce Commission, 8591. Amount and value of grants, etc., from United States, value of conces- sions made by carrier to United States, etc., 8591. Co-operation with Interstate Com- merce Commission required, 8591. Documents, etc., to aid in investiga- tion, access agents to property, rules and regulations, public inspection or records, etc., 8591. - History of corporate organization, de- creases or increases of stock, earn- ings and expenditures, 8591. Inventory of property, 8591. Laws applicable to receivers and trus- tees, 8591 - Mandamus to compel compliance with requirements, 8591. - Method of procedure of investigation, Exchange of passes with principal of- Transportation of casks having unob- Persons, and corporations included, 8563. ] indicated.] COMMON CARRIERS (Cont'd) Physical valuation of property by Inter- state Commerce Commission (Cont'd) Notice of completion of tentative val- uation, protests, finality of valua- tion, 8591. Property held for other than common Carrier purposes, 8591. - Property used for common carrier’s ºpose. Value of other property, Real property, 8591. • - Reports and information to Interstate Commerce Commission, 8591. Statements showing employments un- der appropriations, 8591b. Transportation, engineers and oth- ers engaged in making Surveys, etc., 8591a. Supplies, government crews, Compensation for Service, Porto Rico, regulation of, 3803p. Possession by president in time of War, 1974a. Preferences, etc., prohibited, 8565. Shipments for United States, 8569. To United States in times of peace, embargo not to affect, 8569. Preference to commodities necessary for national defense, 8563(10). Quarantine, notice to carrier of interstate quarantine against plant diseases, 8760. Railroad, defined, 8630. Rates, Alaska, regulation, 5084. Alaska, revision and modification, 5083. Burden of proof to show increased rates just and reasonable, 8583. Commodities necessary to national de- fense, 8563(10). Discrimination forbidden, 8564. False billing, etc., at less than regular rates prohibited, 8574. Free or reduced rates permissible in Certain instances, 8595. - Epidemic, etc., permitted, 8563. National guard, attending joint en- campment with regular army, 3066C. Post office employés, 7480a. Indian Territory, 4185. Joint rates, apportionment prescribed - by Commission in case of disa- greement, 8583. Interchangeable mileage tickets may be issued, rates, etc., to be filed, 8595. Just and reasonable, unjust and un- reasonable charges unlawful, 8563. Maximum rates, etc., prescribed by Interstate Commerce Commission in case of unreasonableness or discrimination, etc., 8583. Proportional rates for rail and wa- ter carriers to be determined by Interstate Commerce Commis- - Sion, 8569. New rates, etc., may be suspended by Interstate Commerce Commission gºing hearing as to propriety of, etc., 8591a. Obtaining or attempting to obtain transportation for property at less than regular rates, prohibited, pun- ishment, 8574. Penalty, failure to file rates, 8597. Give written statement of, 8569. Receiving greater or less compensa- tion for transportation under joint interchangeable mileage ticket than § filed with commission unlawful, Reduced because of water competi- tion, not to be increased by railroad unless, etc., 8566. Schedules, changes upon notice, 8569. Charging of greater or less com- pensation forbidden, 8569. Filed and posted, 8569. Conclusive in criminal prose- cutions, 8597. - Penalty for failure, 8597. Freight rates through foreign country, 8569. Increased rates, commission's ap- proval to be first obtained, 8583. Transportation of passengers or property without filing, etc., for- bidden, 8569. Short and long haul, compensation not to be greater for short haul, 8566. Special rates, rebates, etc., prohibited, GENERAL INDEX [Page 2032] [References are to sections, except where otherwise indicated.] COMMON CARRIERS (Cont'd) Rates (Cont d) Special rates (Cont'd) Additional penalty, recovery by civil action, 8597. - Through routes and rates, etc., to be established, 8563. To embrace entire length of rail- road, exceptions, 8583. Joint rates, etc., may be establish- ed by Interstate Commerce Commission in case of Car- rier’s refusal or neglect, 8583. Over rail and water lines to be established by Interstate Commerce Commission, 8569. Rebates prohibited, 8597. Additional penalty, recovery by civil action, 8597. Receivers, included in term, 8628. Remedies against masters, owners, etc., for embezzlement, etc., 8025. Removal of causes, actions for loss, dam- age, or delay, 1010. Reports to Interstate Commerce Commis- sion, 8592. Monthly reports of earnings and ex- penses may be required by commis- sion, 8592. Periodical or special reports may be required by commission, 8592. Schedules, contracts, etc., to be pre- Served as public records by Inter- State Commerce Commission, 8584. Restriction of dealings with other corpo- rations where same person is director, Officer, etc., statement of transactions to be filed, punishment of violation, 8835i. Routes, shipper may choose between through, 8583. Through, established by Interstate Commerce Commission to embrace entire length of railroad, exceptions, 583 sateºglºses, accident, reports, 8637, Application of vehicles, 86.17 Ash pan on locomotive, 8624-8629. Automatic couplers, 8606. Block signal systems, investigation by ºrstate Commerce Commission, law to all carriers and Boiler of locomotive, 8681-8639. Brakes, 8605, 8613. Number of cars to be equipped, Omission of hand brakes on cars for hauling long commodities, 86.18. Refusal of insufficiently equipped cars, 8607. Cars hauled for repairs, 8621. Death or injury of railroad employé in hauling cars for repairs, 8621. Drawbars, 8609. Standard height, 8619. Use of chains instead of, 8621. Employees, assumption of risk, 8612. Exempted cars, 8610, 8613. Grab irons or handholds, 8608, 86.18. Hauling or use of cars not equipped, unlawful, 86.18. Inspectors for enforcement of law, 8616 Interstate Commerce Commission to designate standards of equipment, Investigations and tests by Interstate Commerce Commission, 8640, 8641. Ladders, 86.18. Logging cars, 8610. - Mail cars, inspection of, 8616. Medals of honor for saving lives On railroads, 8648–8650. Penalty for neglect, 8614, 8619, 8621, 8626. Review of decision of circuit court Of appeals by supreme court, 11.20a. Bunning boards, 8618. Time for compliance with act, 861.1, 8615, 8619, 8620, TJse of locomotive without driving- wheel brakes and appliances for op- erating train-brake system unlaw- ful, 8605. - . Sale of, goods to satisfy lien, liability of carrier after, 8604mm. Search for letters illegally carried by, 7552. - Service by railroads in Indian territory, 5. Standard time, 8907s. COMMON CARRIERS (Cont'd) Stoppage in transitu, bona fide purchaser of order bill of lading has superior lien, 8604t. . - Survival of right of action for injuries to employé, 8665. Switching connections, etc., to be fur- nished, 8563. Tax, freight transportation by rail or water, amount, 6309%a. Freight transportation by rail or Water, by whom payable, 6309%b. Computation, 6309%b. Exemptions, 6309%b, 6309%c. Returns by persons, etc., subject to, 63091%d. Passenger transportation, 630.9%a. - By whom payable, 6309%b. Computation, 6309%b. . Exemptions, 6309%b, 6309% c. Passenger tickets for passage to port or place not in United States, etc., 63.18a, 6318h. Returns by persons, etc., to, 630914d. Traffic contracts, copies to be filed, 8569. Transportations articles manufactured, mined or produced by railroad pro- hibited, 8563. Articles not intended for sale, 5705, Diseased live stock, 8702–8706. Penalty, 8695. Duty to furnish, 8563. Exports, delivery of manifests, 881. Imported merchandise, imported zinc ores, 52910162). Lead ores, 5291 (152). . Indian goods by, 4049. Liquors into Alaska, 3643dd-3643f. Records of shipments of alcohol, 36.436. Liquors into District of Columbia, 342114 b. Delivery of liquors, 342134dd. Record of, 342.1%d. - Live stock from quarantined State, etc., 8702. Migratory game and insectivorous birds, 8837b, Appendix p. 1795. Obstructing, 8563(9). Opium, registration 6287j. Plants, etc., offenses, 8762. Prize fight films, etc., prohibited, pun- ishment, 10416-10418. Tax on, 6309%a-6309%c, 63.18a, 6318h. Vehicles, includes what, 4. Not forfeited in certain cases of sei- zure, 5765. Vessels, bill of lading issued, 8032. Deferred rebates, prohibition, 8146gg. Not subject to forfeiture for uninten– tional smuggling, 5766. Warranties on negotiation of bill of lad— ing issued by interstate carrier, 8604Qq. Weight, load and count of shipper not to be adopted, 8604.jj. COMMON LAW amount, subject not required, | Jurisdiction of proceedings in vindication of civil rights, 1542. - Mode of proof in actions at, 1468. Remedy, 991(3), 1233. Suits, jurisdiction of district court, 991(1). COMMUNICABLE DISEASES See Animals and Animal Industry : Contagious and Infectious Diseases ; Social Hygiene. - COMMUTATION - Army, forage to officers, 2115, 2116. Fuel to officers, 2116. Heat and light, 2118hb. Nurse corps, 21.18a, 2118b. Pay clerks, 21.18a, 2118b. Veterinarians, 21.18a, 21.18%). Officer serving on Alaskan board of road commissioners, 3594a. Quarters, dental surgeons, 21.18a, 2118b. Enlisºmen, 21.18aa, Appendix p. Regular Army Reserve, 21.18aa, Appendix p. 1758. Nurse Corps, 21.18aa, Appendix p. 1758. Officers, 2115, 21.18a, 2118b, 2118bb, 2118C, 2121, 2122. 21.18aa, Appendix p. 1758. Retired enlisted men on active du- gº ty, 21.18aa, Appendix p. 1758. Rations, cadets, 2267. - 2267a, Appendix p. 1759. Hospital matrons, 2142. COMMUTATION (Cont'd) Army (Cont'd) Subsistence, reserve officers’ training Corps, 1881n. Desert land entries, 4684c. Homestead entries, additional entry after commutation of former entry, 4583. After fourteen months, 45.32a, 4590. Alaska, 5046. ”, Ceded Indian lands, 5013-5015. Certificate of location receivable, 5102. Citizenship, 4532. Necessity, 45.32a. Enlarged entries on non-mineral, non- irrigable, etc., lands not containing merchantable timber, 4563-4574a. nº lands in Oklahoma, prohibited, tº: to be irrigated not authorized, 02. National forests, prohibited, 5162. ' Nebraska, within certain boundaries prohibited, 4578. - Oklahoma, 5022. Greer County, 5043. Payments before expiration of five years, 4589. Repayment of excess paid by entry- men, 4542. Residents, 4532. Soldier’s additional invalid, 4600. Stock raising homesteads, 4587 g. Marine Corps, 2939, 2941. Quarters, 2851aa, AppendiX p. Rations, 2886. Militia Officers, 3068. Navy, nurse corps, quarters, 2519, 25193. Quarters, 2851aa, Appendix p. 1765. Officers, 2851. Rations, 2877–2879, 2886, 2887. Courts-martial prisons, 2887 b. 2887b, Appendix p. 1765. Payment to caterers on death or desertion, 2887c. 2887c, Appendix p. 1765. Sentences, court-martial, 3024. Deck court, 2990. General courts-martial prisoners, 2887 b. Rations, cadets, 2267. 2267a, Appendix p. 1759. * Coast guard, 8459%b (42%), Appendix p. 1794. Indians, 4061. Reepers of life saving stations and surfmen, 8530. Lighthouse keepers and assistants, 84.48 - 1765. 448. 8448, Appendix p. 1792. Officers and crews of vessels of bu- reau of fisheries, 907a. 907a, Appendix p. 1745. Subsistence allowances, 3236b. Term of imprisonment, 10532-10534. Good conduct, 10559. - President’s power, parole act, 10544. Tickets, common carriers 8595. Timber culture, entries, 5116. Uniforms supplied by educational insti- tutions, 1881kk. COMMUTATION CLAUSE OF HOME- STEAD ACT - Text of act, 4589. COMPANION.-WAY not affected by may issue, Vessels carrying steerage passengers, 8001. COMPANY Includes what, 5, 31.15%aa, 7628h. COMPARISON Hand writing, 1471. COMPENSATION See Employés’ Compensation. Act Ea:- tra Compensation Fees ; Mileage ; Pay : Pay of Army Pay of Militia ; Pay of Navy Salaries ; Wages ; and title of specific officer. Accountants, etc., inaugurating new methods of business, prohibited unless authorized, 3227a. - Additional, 3270a, Appendix p. 1774. Persons employed under lump sum. appropriation prohibited, 3235a. Adjusters, Bureau of War Risk Insur- ance, 514e. Advertising in District of Columbia, 7186. Advisory board, bureau of war risk in- surance, 514e. . Hygienic laboratory, members of, GENERAL INDEX [Page 20331 [References are to sections, except where otherwise indicated.] COMPENSATION (Cont'd) Advisory commission to council of na- tional defense, 3115b. - Agents, cotton futures tax, 6309m. Examine and report on methods of treatment, etc., of animals, 8690. Interhºevenue examining accounts, Limit of, 5860. Per diem in lieu of subsistence When engaged in field work, 5861a. Manage seal fisheries in Alaska, 8862. Air craft board, civilian members, 3115*/32b. Alaska, members of legislature, 3531. Annual or monthly computation and divi- sion of time, 3243. Arbitrators, controversies between car- riers and employees, 8675. *; engineer for disbursing moneys, Assistants, clerks and workmen at New York assay office, 6529. Assistant Secretary of Smithsonian In- stitution, 10573. Attorney General, 36. Attorneys, Federal Trade Commission, 2 Prosecuting claims for pensions, 9112. Prosecuting claims under war risk insurance act, 514ele, 514kk. Bank examiner, 9832, 9833. Bankruptcy proceeding, clerks and mar- shals, 9636 Officers in, restrictions, 9656. Board of, tea experts, 8787. Visitors, 2756a. Insane hospital, 92.98. California Débris Commission, 10005. Capitol police, 3408. Suspension, 3410. Changing compensation of Officer or emi- ployé for giving or withholding politi- cal contribution, 10290. Chaplain, house of representatives, 59. Senate, 58. Senate and House of Representatives, tº Chiefs, Bureaus of Executive Depart- ments, extra to persons temporarily filling, prohibited, 264. Engineers, 3319. Civil service commission, division of effi- ciency, limitation on, 3286b. Claim agents, prosecuting claims for pen- sions, 9112. 8985b, Appendix p. 1796. Prosecuting claims under war risk insurance act, 514ee, 514kk. Clerical and other services not to be paid #;" appropriations for contingencies, 6783. Clerks, committees of Congress, 71. Committees of house of representa- tives, time of beginning, 72. courth, restoration of lost records, 8. District court in prize cases, 8420. Customs appraiser’s office in Philadel- phia, 5333. Detail to investigate pension frauds, 9074. - - Executive department, extra prohibit- ed., 253. +. Federal Trade Commission, 8836b. First and second class post-offices, for overtime, 7238. House of representatives, 59. Immigration, 4289%00. Members of House of Representatives, 75. • wº are chairmen of committees, 7 Officials retired from active service, prohibited, 3243a. Senators elect, 74. Special, in postal service employed on holidays, 7239b. Coast and Geodetic Survey, not allowed to army and navy officers employed in, 8553. Collection of moneys, etc., due Confed- erate States, 6952. - - Collectors of customs, certificate of citi- zenship to seamen, 8375. Certifying copy of list of crew, 8364. Collectors of internal revenue, additional compensation not to be paid when acting as disbursing agent, 5848. Forfeiture for failure to report viola- tions of law, 5884 CoMP.ST.’18–128 | COMPENSATION (Cont'd) Commissioner of Yellowstone Park, mar- Shals and attorneys, 5196. Commissioners to investigate issuance of Stocks and bonds by railroads, 8602. Commission on Industrial Relations, 8914. Conference of governments to consider question of disarmament, members of, 7686b. Congress, 34-36, 39-54, 56, 57. Disbursement by sergeant-at-arms, Congressional record, person to prepare index for, 6968. Convicts, insane, accommodated in state asylums, 9322. Cotton futures tax agents, 63091m. Criers, 1338, 1339. Customs officers, apportionment for part of year’s service, 5394. Collectors, 8364, 8375. Fixed by Secretary of Treasury in customs cases, 5797. Night service, 5571. Reduction by President, 5327. Services connected with enrollment and license of vessels engaged in domestic commerce, 8067. Supervision of bonded warehous- es for Mexican peas, 5671a. Statements in estimates, 6689. Dam owners upon revocation of rights, 9979. Delegates in Congress, Alaska, 3545. Depositaries of public moneys, 66.62–6664: Deputies, assistants, etc., in Bureau of War Risk Insurance, 514kkk. Deputy, clerks of district courts, 1408. Marshals, as to claims pending before Congress, 6410. Diplomatic and consular officers, diplo- matic functions, 3197. . Extra compensation prohibited, 3202. Payable only to citizens, 3203. Term during which payable, 3.198. Disbursements for construction of public buildings, limitation upon, 6927. Disbursing clerk, capitol building and grounds, 3372. - District attorneys, see District Attorneys. Docks, etc., of certain corporations taken over by United States, 3115.jj. . . Door-keeper, house of representatives, 59. Senate, 58, 60 Editor, pamphlet 7117. , supplement to Revised Statutes, 7108- 7113. ... . Details to edition of session laws, Employés, Bureau of mines, Washington, 783a. - e Commissions on Industrial Relations, 8917. Commission to investigate issuance of railroad stocks and bonds, 8602. Customs, appraisers’ office in Phil- adelphia, 5333. Statement in estimates, 6689. District of Columbia transferred to other departments, 251c. Executive departments, etc., increase, 251b. s Federal Trade Commission, 8836b. Geological sºy. statement of in stimates, 6714. gºt printing office, 7000a, Ap- pendix p. 1784: Immigration, 4289%00. Indian service, limitation of amount, 4032. * Internal revenue service, per diem in lieu of subsistence, 5861a. Interstate Commerce Commission, 8587. & y 2 “Light-House Establishment, esti- mates, 6725. Mints and assay offices, reports in an- nual estimates, 6690. National Training School for Girls, 94.17. - Naval Home and hospital, 9205. Paid from appropriations for construc- tion of public buildings, 6924. Postal service, computation, 7240. Public buildings, reports and esti- mates, 6695. Seal Fisheries of Alaska, 8865. Employés Compensation Act, 8932a–8932uu. Employment under lump sum appropria- tion, additional compensation prohibit- ed., 3235a. Enumerators of census, 4400. Fºates for, founded on express law, i Federal COMPENSATION (Cont'd) Examiners, in chief, 738a. Federal Trade Commission, 8836b. Patent office, 738a. Experts, Commission on Industrial Re- lations, 8917. Federal Trade Commission, 8836b. Inaugurating new methods of busi- Hess, prohibited unless authorized, 3227a. Federal, Advisory Council, 9795(1). Reserve agent, 9788 (5). Reserve bank officers, 9788 (5). Controlled transportation tems, 31.15%a-31.15%d. Foremen, Watchmen, etc., in postal serv- jºmployed on Sundays or holidays, Sys- Gaugers in the internal revenue, 5867. Assigned to small distilleries, 5872. Detailed for special duty, 5868. Gauging fruit brandy, 5868. Limit of, 5869. Travel pay, 5873. Hawaiian legislators, 3668. Heads of Executive Departments, extra pºon temporarily filling, prohibited, House - of . Representatives, Imembers (Const. art. 1, § 6, cl. 1). Immigrant inspectors, 428914oo. Immigration officers, clerks and em- ployes, 428914 oo. Indian . Department, employés, limitation of amount, 4032. . once; per diem for special duty, To be in full of all emoluments, e etc., office contingencies, 4022. Indian lands, allotted in Severalty when iºn by railroads for reservoirs, etc., Informers in customs Cases, fixed by Sec- retary of Treasury, 5797. Insane convicts accommodated in state asylums, 9322. Insurrectionary states, officers to regulate Commercial intercourse in, 10147. International monetary conference com- missioners, 6455. Interpreters to assist Census, 4399. Judiº, ºncers. 1375–1463; enll DO,erators Of (Const. art. 3, #; 1053. aStern district of Illinoi Idaho, 1347, ois, 1349. New Mexico, 1083. Particular districts, 1344–1374. Jury, attendants on, 1338, 1339. ; o life-saving stations, 8519. a bOrers in customs rvi tº º 5327b. f Service, limit of, Law examiners, 738a. Legislature, Alaska, 3531. Hawaii, 3668. Letter carriers. 7247–7249. 7245a, Appendix p. 1786. Overtime at first and second class post-offices, 7238. Librarian of congress, 129, 132. Juicensed officers of steam vessels per- forming war duties, 7709. Lump sum appropriations not available for payment of increased salaries, ex- gºon of mechanics, artisans, etc., i Ö9. Mº carrying in railway service, 7432- Marshals, 1375–1463. Circuit Court of Appeals, 1410. Serving of papers as to claims pend- ing before Congress, 6410. Master in chancery, taking testimony as to claims pending before Congress, 6410. Money order clerks, 7559. National Training School for Girls, offi- CerS and employés of, 94.17. Natives employed in killing seals, etc., on. Pribilof Islands, 8858. Naval officers serving on ocean mail ves- sels, 7536. Nurse corps, superintendent, 1831. Operators, telegraph connecting public buildings, 3324. Panama Canal Zone lands, 10039. Magistrates and constables, 10043. Peace officers in States and Territories, for services under Chinese Exclusion, Act, 4299. Pension agents or attorneys prohibited. 8966, 9112, 9113. Substitutes, 7235, 7245, GENERAL INDEX [Page 2034] [References are to sections, except where otherwise indicated.] COMPENSATION (Cont'd) Posse comitatus employed by marshals in Indian country, 4156. Postal clerks’ substitutes, 7245-7249. 7245a, Appendix p. 1786. Postal service accounts to show expendi- tures for, 7598. Postmaster General, 36. Post-Office clerks, etc., higher rate, 7255. President (Const. art. 2, § 1, cl. 6). President of Senate, 37. Private property, necessity upon taking for public use (Const. am. 5). - Prize-commissioners, 8400, 8418, 8422, 8423. Property acquired for housing, ship yard employés, 8146t. War industry employés, 31.15%b. Publication of, laws, proclamations and treaties in District of Columbia, limitation upon, 7182. List of unclaimed letters, 7416. Railroads, etc., under federal control, 31.15%a. * Railroads, for transporting supplies and engineers engaged in making Surveys for purpose of physical valuation of property of carrier, 8591a. Rates, 3228a. Referees, in bankruptcy, 9624. To fix compensation for right of Way through Indian land, 4183. Registers and receivers for plats of town- ships, etc., 4478. Reporters of committees of House of Rep- resentatives, 78. employment at Reports of House of Representatives, annount, 78. Representatives, Porto Rico, per diem, 380317. Representatives to conference of govern- ments to consider question of disarma- ment, 7686b. - Resident commissioner from Porto Rico, Mail agents in foreign ports, 7544. Rights of way through Indian lands, pipe lines, to fix, 41.92. Proceedings to fix, 4183. Seal fisheries of Alaska, officers, agents and employés in, 8865. Secretaries, Agriculture, 36. Commerce, 36. Interior, 36. Labor, 36. Navy, 36. Senate, 58. - Smithsonian Institution, 10573. State, 36. - Treasury, 36. War, 36. r Senate, officers and employés of, 62. Members (Const. art. 1, § 6, cl. 1), Senators, Porto Rico, per diem, 380311. Sergeant at arms, House of Representa- tives, 59, 61. - Senate, 58, 60. Services in connection with federal con- trol of transportation systems, 31.15%h. Set off, against claims upon persons re- taining public money, 6623. - Arrearage due United States, 3239. Shipping commissioners and clerks, 8287. Ships, war material, etc., requisitioned by government, 31151/1ac. Speaker of House of Representatives, 36, Special agents, census, 4402, 4403. Division of cotton and tobacco statis- tics, 913b. Examine depositaries, 6653. 'Inspectors of customs in foreign terri- ...tory, 5709. - Special attorneys in commerce cases, 1005. Special clerks in postal service employed On holidays, 7239b. - - Statement of in estimates, diplomatic and Consular service, 6697. Employes, 6680. Lump sum, appropriations, 6740. Stenographer employed by Commission on Industrial Relations, 8917. Storekeeper-gauger in the internal reve- nue, 5870. Assigned to small distilleries, 5872. Employed at small distilleries, 5871. Travel pay, 5873. Storekeepers of internal revenue, 5862. Assigned to Small distilleries, 5872. Limit of, 5869. - Services in supervision of bonded Warehouse for Mexican peas, 5671a. Travel pay, 5873. COMPENSATION (Cont'd) Superintendents, exportation and draw- back, 5880. Library building and grounds, 134. Supervisors' of census, 4395. - Surveyors of public lands, 4824a, Appendix p. 1777. - Tea experts, 8793. Territorial Legislative Assembly, mem- bers, 3441. - Territorial officers, extra compensation prohibited, 3443. Time of payment, es, 5078m. - Town site trustees in Oklahoma, 5035. Transportation, destitute seamen, 8369, Alaskan coal land leas- Foreign mail, 7527–7534. Supplies for Indians by land-grant railroads, 10067. Trustees, marshals or receivers in bank- ruptcy proceeding, 9632. * Use of buildings in District of Columbia, requisitioned by secretary of war, 6933C, Appendix p. 1784. TJse of patents by United States, 9465, Ap- pendix p. 1798. Use of railroad bridges by other railroads, 963 vice-President of United States, 36. Vital statistics, transcription of records for, 4390. Watchmen, etc., postal service, 7239c. Water power leases on, Mississippi River lºween St. Paul and Minneapolis, St. Mary’s River, 9.989. Witnesses as to claims pending before Congress, 6410. COMPLAINT Arrests, examination, etc., 4140. Attached to warrant of arrest, 1678. Clayton Act proceedings, 8835j. Habeas corpus, 1282. Offenses, army officers and soldiers, 2308a, art. 121. - Indians, sale of intoxicating liquors to #. ºntroduction into Indian country, 140. Internal revenue laws, 1677. Navigation laws, CQMHPI, HMIENTS Inserting of compliments in documents forbidden, 7095. (C&OMPOSITION connºtion by court of bankrup Ågy, To discharge bankrupt, 9598. Copy of order confirming or setting aside, effect as evidence, 9605. Setting aside compositions, 9597. Title to property of bankrupt, 9654. C&OMIPROMISE See Fiºves and Penalties. Bankruptcy controversies, 9611. { claimº, due Post-Office Department, 464, Due postoffice, for fines, etc., under customs laws, 5804 Employé injured in service of Unit- ed States, on assignment to United States, 8932mm. Injuries to person receiving compen- Sation under War Risk Insurance Act, 514tttt. Controversy pending before ministers and consuls of United States in certain for- eign countries, 7643. Debts due United States except under postal laws, how made, 6375. Judgments for debts due Post-Office De- partment, 464. Minor criminal cases pending before min- isters and consuls of United States in certain foreign countries, 7644. Suits, arising under internal laws, 5952. Gross amount of all collections to be covered into treasury, 5933. Violation of immigration laws, 4289%p Violations of internal revenue law, as offense, 5889, 5893. COMPTROLLER OF CURRENCY See National Banks. General provisions, 495-506. Absence of, additional deputy to perform duties in absence of Comptroller and Deputy, 499. Deputy to act as, 498. Appointment, 496 Assay-commissioners, member of, 6518. I'e Venue COMPTROLLER OF CURRENCY (Cont'd) Assistant Deputy, salary, appointment, powers and duties, bond, 499. Bank examiners, permit to make disclo- sures, 9833. - Bond of, 497. - Certificates, etc., and copies of papers in office of, evidence, 1496. Certificates to, state bank converted into national bank, 9694. Chief officer of Currency Bureau, 495. Deputy, additional deputy, appointment, Salary, duties, bond, Appointment, 498. Assistant, salary, appointment, pow- ers, duties, and bond, 499. To act in absence of Comptroller and Deputy, 499. Bond, 498. Duties, 498. National banks, restriction upon hav- ing interest in, 501. Oath, 498. Salary, 352, 498. Vacancies in office of Comptroller fill- ed by, 498. Employment of clerks by, 500. - Examination of banks of District of Co- lumbia by, 504 Federal reserve banks, authority to com- mence business, 9788 (4). Certificate of, establishment of Fed- eral reserve districts to be filed with, 9788(1). Organization to be sent to and fil- ed, 9788(3). Reduction of capital stock to be executed to, 9790. Circulating notes, issue, 9788(4). Destruction of Federal reserve notes unfit for circulation, 9799(3). Examinations, 9832. Federal Reserve (Board member, 97.93(1). Federal reserve notes, banks, 9799(8). - Plates and dies, control, 979 (9). Engraving and printing, 9799(7). Forfeiture of franchises of national banks for noncompliance with Feder- al Reserve Act, 9786. Forwarding blanks to national banks, 9788(1). Issue of circulating notes on purchase of bonds securing retired notes of member bank, 9800 (5). Organization Committee, 9786(1). Supervison of issue and retirement of federal reserve notes, 97.94 (d). Injunction against by national banks, ju- risdiction, 991 (16). List of officers, etc., to be furnished for official register, 7127. National banks, access of books of Treas- urer of United States, 97.04. Approval of, change of name and loca- tion. Articles of association to be forwarded to and filed, 96.58. Capital stock when made good, 9767. Certificate of authority to COmroence business, 9711. Organization to be sent to, recorded, 9660. Commencement of business by, 9661. Association, 9710, º Consent to withdrawal of circulating notes, 9709. Custody of, bonds, collection of inter- est, etc., Plates for circulating notes, 97.17. Delivery of circulating notes, 9713. Destruction of note plates of banks in liquidation, 97.18. Dissolution and receivership, 9806-9830. Redemption of circulation, 9811. Engraving and printing of circulating notes, 9714-9718. Examinations, 9832. Bonds by associations, 9705. Plates for circulating notes, 97.18. Extension of period of corporate suc- cession, 9665–9667, 9669. Foreign branches, information as to condition, 9745. Forfeiture of franchises, suit of, 9831. Gold notes, issue authorized, 9724. Increase of capital stock, 9679, 9680. Interest in restricted, 501. Issue of circulating notes, 9699. delivery to member of, impaired to be and GENERAL INDEX [Page 2035.] [References are to sections, except where otherwise indicated.] - COMPTROLLER, OF CURRENCY (Cont'd) National banks (Cont'd) *#8 of stockholders to be sent to, Mutilated notes, destruction, 9751. Name of banking association, 9659. Notice, to make good reserve, 9746. Tºrers of government bonds, o; of directors to be sent to, etc., Payment of capital stock to be certi- fied to, 9677. Plates and dies, engraving, 9714. Printing circulating notes, 9714. Receipts for, deposits to redeem cir- culation on dissolution to be de- livered to, 9809. Government bonds deposited by banks, 9707. Receſſºr, appointment by, 9746, 9756, 21. Dividends to creditors, 9823. Injunction upon receivership, 9824. On insolvency, 9826. Notice of appointment, 9822. Purchase of property by, 9828–9830. Shareholders’ meeting, 9827. Redemption of circulating notes, 9754. Aºval of place for redemption, sº Issued prior to extension of corpo- rate existence, 9670. Protest and proceedings on failure to redeem, 9813–9825. Reduction of capital stock, 9681. Registry of transfers of United States bonds, 97.02. Regulations regarding insurance agen- cies, 9764 Reports, 9774. Condition by examiner, Dividends, 9776. Fine for failure to make, 9777. Red Cross contributions, 9661a. State banks organized as, 9694. Supervision, organization and powers, 9658–9696. Taxes, refund of excess, 97.83. Vote to go into liquidation to be cer- tified to, 9808. Worn-out or mutilated notes, replac- ing, 9723. Oath of, 497. Removal by, of customs revenue offices to other places on account of epidemic disease, 9179. Report to Congress, 505, 506. Number of copies, distribution, 7084. Rooms, vault, furniture, etc., for Curren- cy Bureau, 503. Salary, 352, 496. Ex officio member of Federal Reserve Board, 97.93(1). Seal of office of, 502. Supreme Court reports for, 1203. Term of Office, 496. Vacancies in office of, Deputy to fill, 498. Additional Deputy to fill, 499. COMPTROLLER OF TREASURY Abolishment of offices of Commissioner and Deputy Commissioner of Customs, Second and Deputy Second Comptroller and Deputy First Comptroller, 402. Accounts, directing settlement of, 406. Disbursing officers, inspection of, 410. Examination of, 411. Forms of keeping and rendering, 408. Revision of settled accounts, 425. Treasurer, rendered to, quarterly, 478. Allowance to vessel for transportation. Of destitute Seaman, 8370. Appeals to from disallowance of soldiers’ claims, 450. Appointment, 401. º Approval of bonds, clerk of House of Rep- resentatives, 82 Secretary of Senate, 81. Sergeant-at-arms of House of Repre Sentatives, 101. - Treasurer, 474. - National Training School for Boys, 93.96. Arrears of pay of seamen, etc., regula- tion of payment of, 407. Assistant Comptroller, appointment, 404, 420a (d). 9832. Authority to administer oath, 420a.(i). Directing duties of, 412. Powers and duties, 412. Salary, 404, 405. Warrants, power to countersign, 412. COMPTROLLER OF. TREASURY (Cont'd) Atºney-General, control of requisitions, Business, forbidden to carry on, 377. Chief clerk, duties, 413, 414. 414a, Appendix p. 1738. Power to sign letters and papers, 414. Warrants, power to countersign, 413. Clerks to perform clerical duties, 415. Copy of, appointment of inspector, weigh- er and measurer of fuel in District of Columbia to be furnished, 6839. Decisions of Court of Claims transmit- ted to, 1134. . Countersigning of warrants, 412, 427, 478. Custody of bonds, clerk of House of Rep- resentatives, 83. Secretary of senate, 83. Sergeant-at-arms of house of repre- sentatives, 102. & Customs, forms for collecting, 409. Decisiº, application for and effect of, Ajoying, etc., Auditor’s decisions, 425 Disbursing officers, inspection of accounts of, 410. - Filing bonds, chief clerk of Department of Agriculture, 815. - Collectors of internal revenue, 5847. Secretary of Agriculture, 815. First, gomptroner, appointment, salary, 1. - - Deputy abolished, 402. Designated Comptroller, 402. Forms, collecting customs, 409. . PCeeping and rendering accounts, 408. Inspection of accounts of disbursing Offi- cers, 410. Internal revenue, certificate to, of dili- gence of collector of internal reve- nue as affecting credit in account, 5942. Directions as to bonds of collectors Of internal revenue when acting as dis- bursing agents, 5848. To report to Solicitor of Treasury de- linquencies of collectors in rendering accounts or collecting, 5941. Law clerks, qualification, appointment, 359. Panama Canal accounts, auditing, 10054c. Powers and duties, 406. Powers formerly exercised by First and Second Comptrollers and Com- missioner of Customs, 402. Recovery of debts to United States direct- ed, 443. Regulation of payment of arrears of pay of petty officers and seamen, etc., 407. Reports, 420a.(k). Requisitions for advances of money not countersigned by, 427. To countersign requisitions drawn on Secretary of Treasury by Secretaries of War and Navy, 6746. Review of accounts audited at places other than seat of government, 420a (b). Salary, 352, 401, 402. Assistant Comptroller, 404, 405. Seamen, allowance to vessel for trans- portation of, 8370. Arrears of pay regulation of payment, 407 Second Comptroller and Deputy abolish- ed, 402. Suits, against persons accountable for public moneys, 6623. On bonds of Secretary of Agriculture, and chief clerk of Agricultural De- partment, 815. Supreme Court reports for, 1203. Trade, forbidden to carry on, 377. Treasurer’s accounts rendered to quar- terly, 478. Typewriters, advice from commissioner of patents regarding, 6836a. - Warrants, countersigning of, 412, 427, 478. Drawn by Secretary of Treasury to be charged in the books of, 6748. COMPUTATION Army service, advancement, Porto Rico Regiment of infantry, 1750a. Retirement, 2084-2088. Naval service for retirement, 2659. Pay of army, 2199. Clerks and messengers in Philippine service, 2097a. Continuous service pay, 1891a. Employees of ordnance department, 3084. Mileage, 2126, 2128. COMPUTATION (Cont'd) Pay of army (Cont'd) Employees of ordnance department (Cont'd) sºntendent of Nurse Corps, Pay of navy, 2818, 2819. Officers or seamen on lost vessels, 2866. Retired naval officers, 2893, 2894. Salaries of employees in postal serv \ce, Time in bankruptcy proceedings, 96.15. COMPUTERS Coast and Geodetic 8561a. COMPUTING MACHINES Agricultural Department, exchange of, Survey, salaries, CONCEALMENT Aliens, 4289%dd. Arrest, 10311. Dutiable articles in baggage, 5499. Felony, 10316. In Voices, etc., of imported goods, 10232. Limitations, effect on, 1713. Mail matter, 10364. By postmaster or employés, 10365. Merchandise known to have been import- ed contrary to law, 5785. * Persons violating espionage act, 10212e. Public records, 10298. By officer, 10299. Stolen goods, 10461. * Tools and materials for printing securi- ties, 10325. CONCERT HALLS Special excise tax, amount, 5980f. penalty, Nonpayment a misdemeanor, fine, 5980j. Rºº. Statements and returns, CONCERTS Capitol grounds, 3405. CONCILIATION See Commissioner of Mediation and Qongiliation ; United States Board of Mediation and Conciliation. CONCURRENT JURISDICTION Actions for injuries to employés, 8662. º: of claims and District Court, 991 Courts-martial With military commis- Sions and provost courts, 2308a, art. 15. Courº bankruptcy and State Courts, Recovery of property belonging to es- tate of bankrupt, 9651. Courts of bankruptcy and United States Courts, 9607. District Court, 991(20). Exclusive jurisdiction of United States courts, 1233. Military commissions with courts-martial, 2308a, art. 15. New York District Courts, 1084. Provost courts, with courts-martial, 2308a, art. 15 State courts and local officers over immi- gration stations, 4280. Supreme Court, 1210. CONIDEMINATION See Eminent Domain ; Hawaii; Priee. Arms, etc., intended for export in time of war, 7678d-76781z. Books in government printing office li- brary, Sale as waste paper, 7005. - cºnsation, necessity (Const. am. 5), p. 1 V1. Customs, revenue cases, cost payable from proceeds when, 5793. Foreign vessels and unlawfully im- ported goods, 5306, 5307. Proceedings after, for sale of vessels, distribution, etc., 1565. Dams across navigable waters, 9979. Food and drugs, adulterated or misbrand- ed, 8726. . º, silver, etc., bearing false stamps, Hawaii, private fishing rights, 3732. Horses, when to be paid for by govern. ment, 6398. Imported perishable goods, duties on, 5602. Insecticides and fungicides, or misbranded, 8774. Insurrection, property employed of, 1028, 10150, 10151, 10.103. Judges, proceedings in vacation, 1566. Life saving service, disposal of condemn- ed materials of, 8466, 8467. relief from adulterated in aid GENERAL INDEX CONDEMINATION (Cont'd) Manufacturing establishments in time of War, 31.15g. Meats, destruction of condemned, 8681 (2, 4). Necessaries hoarded, 31.15%h. Patented processes necessary for con- struction of nitrate plants, 3110b. Philippine government, power, 3873. Public utilities, 3884. Piratical vessels, 8042. Presses, machinery and materials in gov- ernment printing office, 6975. Prize, 8398. Sale of unserviceable naval vessels, mate- rials and stores, 2784-2788. Stores, proceeds paid into Treasury, 6609, 10 Procº of sales in book of estimates, Separate from book of, 6743. Supplies, etc., of lighthouse service, dis- posal, 8451. Trusts, etc., property of, 8834. Transit, 8828. - Vessels, violating Chinese Exclusion Act, 4297, 4305. - CONDIMIENTS “Food” includes, 8722. CONDUCTORS See Elevator Conductors. Intoxication in District” of Columbia, 342.1%. n. e CONFECTIONIERY Adulteration, 8723. Mineral substances, poisonous colors, etc., 8723. “Food,” includes, 8722. CONFEDERATE ARMY Roster of, 344. CONFEDERATE STATES Collection of moneys, etc., due, 6952. Debts, *umption prohibited (Const. a.m. in, restraint of import trade, CONFEDERATION Articles of, pp. 3-5. States, prohibition (Const, art. 1, § 10, cl. 1). CONFERENCE Government to consider question of dis- armament, nine citizens to be ap- pointed to attend, compensation, 7686b. President to invite, 7686b. International, for regulation of immi- gration, 4289%.nn. CONFINEMENT Army, duration of before trial by courts- martial, 2308a, art. 70. Suspension, 2308a, art. 53. - Without court-martial, 2308a, art. 104. Navy, punishment by, 2985 (2-4). Punishment by, deck court, 2988. 9. temporarily commanding, Summary court-martial, 2998 (2–5). Prisoners in penitentiary or disciplinary barracks, 2458a.(2). CONFIRMATION compºſions by bankrupt with creditors, Operates as discharge, 959 Sentence of court-martial, arts. 46–53. CONFHSCATION See CO71 de????? &tion. CONFISCATION ACPH'S See Conde????vation. Civil War, 101.50, 10151, 10153, 10166, 10168. CONFLICT OF LAWS Proof of marriage under pension laws to be according to the law of the place where the parties reside, 8989. CONFORMITY ACT Text of act, 6817, 68.18. CONGRESS - See Congressional Directory ; Con- gressional Record ; House of Repre- sentatives ; Library of Congress ; Public Printer; Public Printing and Binding ; Senate. 8. 2308, 2308a, Reference of claims, see Cowrt of Clai???.S. Adjournment, limitations upon (Const. art. 1, § 5, cl. 4). Power of less than quorum (Const. art. 1, § 5, cl. 1) President’s power (Const. art. 2, § 3). [Page 20361 CONGRESS (Cont'd) Alaska, laws may be annulled by, 3544. Appeal to, from action of Secretary of Treasury withholding of certificate of amount due state for co-operative ex- ºn Work by Agricultural Colleges, 877f. Appropriations, 6671-6808. Barracks, construction of, 1981. Books and documents published by order of, mail matter, 7330. Bºies over navigable waters, consent to, 71. Bureau of Foreign and Domestic Com- merce, special investigations required by, 874. Capitol, approval by of changes in, 3370. Committees, appropriation bills reports to follow order and arrangement of ap- propriation acts for preceding years, 6672 Bills not to be printed unless favor- ably reported by, 7025. Board of Visitors to military academy, 2252. - Bribery, 10203. Clerks, compensation, 71. Committee of the Whole, chairman, administration of oaths to Witness- es, 155. Congressional record, copies furnished to, 6978. Documents previously stored at Capi- tol, distribution to, 7042. Flood control reports to, 10030% c(4). Investigations, 155–160. Joint committees, determination of disposition of useless papers in executive departments, 282, 283. Duties, lithographing and engrav- ing patents, 755. - Library, 120–122, 125-127, 139-142. Agent for exchange, etc., of documents, appointment, 127. Botanical garden, direction over, 3417. Duplicate, injured or wasted books, disposition of, 126. Enlargement of number of cop- ies of documents to be fur- nished, 7028. Expenditure of appropriation, 120. - Members, number, 120, 122. Privilege of using and drawing books from library, grant Of, 139–142. Recess of Congress, 121. Regulations, for library estab- lishment, 125. Printing, 6953-7174. Advertisements for bids for pa- per contract to specify quantity required as de- termined by, 6958. Manner of, to be directed by, 6970. Appointment of person to edit and index reports and docu- ments, 7089. Approval of, abolishment of certain printing offices, 6987. Comprehensive index of public documents, 7041. Contract to furnish paper, 6960. Orders for printing after lapse of authority to print, 7036. Bids for paper contract to be opened in presence of, 6959. Charging of cost of printing to appropriations for printing and binding for Congress, 7164. Congressional directory to be prepared under direction of, 7088. Documents and reports be arranged in volumes and bound as directed by, 7154. Record, to be controlled by, 6967. Index, designation of person to prepare, compensation to be fixed by, 6968. Contracts for lithographing and engraving made under direc- tion of, 6969. [References are to sections, except where otherwise indicated.] CONGRESS (Cont'd) Committees (Cont'd) - Joint committees (Cont'd) Printing (Cont'd) Correspondence concerning con gressional directory, in pen- alty envelopes under direc- tion of, 7088. Designation of members of ex- examining board, 6975. Determination of quality of pa- § furnished by contractor, Establishment of, 6953. Estimates of paper required for public printing and bind- ing to be submitted to, 6980. Indexes of documents to be prepared by superintendent of documents as directed by, 7041. Lithographing, etc., for Patent Office limitations, etc., upon, 7094. May be ordered done at Government Printing Of- fice, 7094. Members of, 6953. Neglect or delay in public printing to be remedied, 6955. Ordering of additional copies of documents, etc., 7033. Patent office printing, limita- tions, etc., upon, 7094. Powers and duties, 6953-7174. During recess, 6953a. To be exercised by commit- tee of either house in ab- sence of, 6954. Purchase of material other than paper Without advertising, In open market, on default Of contractor under direc- tion of, 6963. Paper for immediate re- Quirements by authority of, 6965. Small quantities, 6965. Without advertising, 6965. Reelected members, etc., 6953a, Regulations for, printing docu- ments for Congress in edi- tions, 7169. Sale of duplicate plates, 7020. Report of, probable cost of printing additional copies of documents, etc., 7033. Secretary of Agriculture, il- lustrations to be executed in accordance with direc- tions of, 7054. Report to of defaulting con- tractors, 6963. Sale of congressional record and directory under direction of, 7002. Standards of paper fixed by, 6957. Style of binding to be directed - by, 7053. Printing for, 7032. Private claims pending before taking testimony, 6409-6410. Pºcations for, distribution of copies, Public printer to furnish stationery, blank books, etc., for, 7180. Recommendation of committee on printing for printing or binding, 7153. Reports, designation, numbering, 7156, Filing, indexing and binding, Use by Court of Claims, 1155. Resolutions not to be printed unless e favorably reported by, 7025. Testimony Of, not to be used in crim- inal proceedings, etc., except, etc., 1467. Testimony of witnesses not admis- sible in criminal prosecution, 1467. Composition (Const. art. 1, § 1). Congressional investigations, 155–160. Consent to state action, agreements With other state or foreign power (Const. art. 1, § 10, cl. 3). Duties on imports or exports (Const. art. 1, § 10, cl. 2). - Ships of war, maintenance (Con St. art. 1, § 10, cl. 3). Tºjº duties (Const. art. 1, § 10, cl. 3). - GENERAL INDEX [Page 2037] [References are to sections, except where otherwise indicated.] CONGRESS (Cont'd) Consent to state action (Cont'd) Troops, maintenance (Const. 10, cl. 3 War, engagement in (Const. art. 1, § 10, cl. 3). Contingent expenses, restriction appropriation for, 6780 art. 1, § of use of Court of Claims, judgments of certified to, 6406. - Reference of claims to, 1142. Department reports that are not to be printed without joint resolution, 7076. Disrespectful words against, 2308a, art. 62. Distribution of maps and atlases to mem- bers of, 780. Documents, consolidated index of, 7041. Published by order of, 7330. Electoral votes, counting, 215–218. Employee, sub-letting duties, prohibited, Estimates Submitted to, additional Or Spe- Cial estimates to follow form. Of Orig- inal, 6672a. Appropriations for Federal Farm Loan Board, 6696a. Expenditures under Federal Trade Commission, 6728a. Public service, annually, 6732, 6733. Secretary of Agriculture, statement as to proportion paid for quarters oc- cupied by Department, 6723a. Territorial expenses, approval of, 3475. Extraordinary sessions, vacancy in office of President and Vice-President, 219. Index, consolidated index of documents, 7041. - Indians, approval of agreements for Com- mutation of perpetual annuities, 726. Inspection of records of purchasing agent for Post-Office Department, 579. Joint resolutions, copies of for public printer, 308. Journals, documents, etc., of, copies for library of Congress, 146. Entries (Const. art. 1, § 7, cl. 2). Extracts as evidence, 1508. Fees for transcripts of, 97. - Law clerk, and assistant in State De- partment to edit, 295, 297. Laws, ºpies of for public printer, Deposit in State Department, 302. Lºlative power vested in (Const. art. 1, Library of, 118-154. Open during sessions, 144. Mail matter, 7330. Members, bribery, accepting bribes, 10280. Bribery, offering bribe, 10281. Compelling attendance (Const. art. 1, § 5, cl. 1). Contracts, interest in public, 6892, 10284, 10286. Making official with, 10285, 10286. Taking consideration for procur- ing, 10282. cº of Claims, not to practice in, Elections, power to regulate (Const. art. 1, § 4, cl. 1). Eligibility, art. 1, § 6, cl. 2). Expulsion (Const. art. 1, § 5, cl. 2). Federal Reserve Board member or of.- ficer of Federal reserve bank, dis- qualification, 9788(5). Militia duty, exemption from, 3043. Official correspondence transmitted free, 7379. Pay, receiving in matters affecting United States, 10283. Politiºn contributions, making to, Soliciting prohibited, 10288. , , , Punishment, 10292. Punishment for disorderly behavior (Const. art. 1. § 5, cl. 2). Qualifications (Const. art. 1, § 6, cl. 2). Salaries (Const. art. 1, § 6, cl. 1). Seeds and Agricultural reports trans- mitted free, 7380. Speeches, etc., immunity from ques- tioning (Const. art. 1, § 6, cl. 1). sº Old º: of Sergeant-at-arms O OllSe Of I'epresentati ih- ited, 101. D atives prohib Transportation by army Service, 1976. Use of name in advertising practice before departments or office of gov- ... ernment forbidden, 272a. Military posts, establishment of, 1979. transport for other offices (Const. CONGRESS (Cont'd) National Bank Act, power to amend or repeal, 9672. National Home for Disabled Volunteers, managers elected by, 9239. Rºvation of right to amend law, National Training School for Girls, res- erVation of right to amend, etc., law, Naturalization, establishment of uniform rule (Const. art. 1, § 8, cl. 4). Naval Home and Hospital, claims of next of kin for money of deceased inmates of, 9208. Navy hospitals sites and building to be authorized by, 9203. Officers, removal of causes against, 1015. Pay of navy, 2814. Philippines, annulment of laws, 3814f. Franchises Subject to amendment, etc., by, 3884 ** Laws of, amendment by, 3906. Pºe of meeting, change of by President, Porto Rico, franchises annulled or modi- fied by, 3781, 3803p. Franchises, etc., granted by Public Service Commission of Porto Rico reported to, 3803p. Laws may be annulled by, 3780, 3803rm. Laws reported to, 3803m. Wharves, authority to amended by, 3801b. - Powers, abolition of slavery, enforcement Const. am. 13, § 2). Agº of states (Const. art. 4, § 3, cl. 1). Armies, raising and supporting (Const. art. 1, § 8, cl. 12). Rules for (Const. art. 1, § 8, cl. 14 - construct ). Bankruptcy, establishment of uniform laws (Const. art. 1, § 8, cl. 4). Borrowing money (Const. art. 1, § 8, cl. 2). - Captures, rules (Const. art. 1, § 8, cl. 11) Common defense provisions (Const. art. 1, § 8, cl. 1). - Controlling state import , and export duties (Const. art. 1, § 10, cl. 2). Copyrights (Const. art. 1, § 8, cl. 8). Counterfeiting, punishment (Const. art. 1, § 8, cl. 6). Criminal trials, venue (Const. art. 3, § 2, c1. 3) Debts, cl. 1) payment (Const. art. 1, § 8, District of Columbia, exclusive legis- lation over (Const. art. 1, § 8, cl. 17). Enforcing (Fifteenth Amendment (Const. am. 15, § 2). Enforcing Fourteenth Amendment (Const. am. 14, § 5). Executing laws, calling militia (Const. art. 1, § 8, cl. 15). Forts, magazines, etc., purchase and power over sites for (Const. art. 1, § 8, cl. 17). General welfare provisions (Const. art. 1, § 8, cl. 1). Habeas Corpus, (Const. art. 1, § 9, cl. 2). Incidental (Const. art. 1, § 8, cl. 18). Income tax, levy without apportion- ment (Const. am. 16). Inferior courts, creation (Const. art. 1, § 8, cl. 9). - Establishment (Const. art. 3, § 1). Insurrections, calling militia (Const. art. 1, § 8, cl. 15). Invasions, calling militia (Const. art. 1, § 8, cl. 15). Judge of elections, returns and quali- fication of members (Const. art. 1, § 5, cl. 1). Letters of marque and reprisal, grant- ing (Const. art. 1, § 8, cl. **t 1 a TC. I., suspension of Writ ) Members, disciplining (Const. § 5, cl. 2). Militia, calling forth (Const. art. 1, 8, cl. 15). Organizing, governing, etc., (Const. art. 1, § 8, cl. 16). Money, coining and regulating (Const. art. 1, § 8, cl. 5). Naturalization, establishment of uni- form rule (Const. art. 1, § 8, cl. 4). Navy, providing and maintaining (Const. art. 1, § 8, cl. 13). CONGRESS (Cont'd) Powers (Cont'd) Navy (Cont'd) - Fº for (Const. art. 1, § 8, cl Offenses against law of nations, de- fining and punishing (Const. art. 1, § 8, cl. 10). Patents (Const. art. 1, § 8, cl. 8). Piracy and felonies on high seas, de- fining and punishing (Const. art. 1, § 8, cl. 10). Post offices, establishment (Const. art. 1, § 8, cl. 7 Post roads, establishment (Const. art. 1, § 8, cl. 7). Presidential electors, time of choos- ing and voting (Const. art. 2, § 1, cl. 3). Punishment, counterfeiting (Const. art. 1, § 8, cl. 6). Offenses against commerce clause, law of nations (Const. art. 1, § 8, cl. 10). Piracy and felonies on high seas (Const. art. 1, § 8, cl. 10). Treason (Const. art. 3, § 3, cl. 2). Regulating commerce (Const. art. 1, § 8, cl. 3). Rºns disability (Const. am. 14, Rules, concerning captures (Const. art. 1, § 8, cl. 11). Land and naval forces (Const. art. 1, § 8, cl. 14). Respecting territory and other property of United States (Const. art. 4, § 3, cl. 2) Slave traffic (Const. art. 1, § 9, cl. 1). Supreme Court’s appellate jurisdic- tion, exceptions and regulations (Const. art. 3, § 2, cl. 2). . . . Taxes, duties, etc., levying (Const. art. 1, § 8, cl. 1). Tºunishment (Const. art. 3, § - , C.I. 23). * Vesting appointments of inferior of - ficers in President, Courts or De- ºnent heads (Const. art. 2, § 2, Ci. 2). War, declaration of (Const. art. 1, § 8, cl. 11). Weights and measures (Const. art. 1, § 8, cl. 5). President, information and recommenda- tions from (Const. art. 2, ). Printing for, apportionment of documents to, 7046. * Appropriations, items to be charged to, 7164, 7166. - Appropriations to which cost of print- ing and binding for departments, etc., to be charged, 7166. Bills and resolutions, number and dis- tribution of copies, 7025. Classification and numbering of pub- lications, 7153. Committees, hearings to be printed only when ordered, 7153. Powers of, 7032. Recommendation with estimate of cost and statement of public printer, 7174. r Congressional Directory, editions of, distribution, 7088. Congressional record, unbound copies of, 6978. - Cost of printing, etc., for Superintend- ent of Documents to be charged to appropriation for, 7044. Departments to be authorized by, 7176. Extra copies, ordering, etc., of, 7033. Frankº, mailing public documents, Mſailing seeds, 6994. Government printing office to do all printing, etc., for Congress, 7159. Lapse of authority to print after two years, 7036. Orders for, documents not already provided for, 7035. To signify “usual number,” 7022. Regulations for printing documents, etc., in editions, 7168. Fºnting or reports and documents, Restrictions on use of appropriations for printing and binding for illus- trations, etc., 7175. Retiring members ments, 7051. Time for distribution of documents extended, 7052. rights to docu- GENERAL INDEX [Reference CONGRESS (Cont'd) - Printing for (Cont'd) “Usual number” of documents and re- ports defined, 7022. - Private claims pending before taking tes- timony, 6409, 6410. Prohibitions, assemblages, a bridging right prohibited (Const, am. 1). Freedom of speech and press, abridg- || ment (Const. am. 1). gº Petition for redress of grievances, abridging right prohibited (Const. am. 1) Redress of grievances, right (Const. am. 1). Religious laws (Const. am. 1). Publications by enemy aliens prohibited, abridging Quorum, majority to constitute (Const. art. 1, § 5, cl. 1). Selecting President and Vice President (ComSt. art. 2, § 1); (Const. am. 12). Reports to, accounts of Military Estab- lishment, 4.20a (k). Additional navy yards or naval sta- tions, 2804b. Air craft board, 3115*/s2e. - Alaskan railroad, etc., 3593c, 3593d. Appointments by Secretary of Navy of professors and instructors at nav- all academy, 2748a. Attorney general of judgments of court of claims, 1174. Bankruptcy statistics, 9637. Boy Scouts of America, 9390h. Bureau of Efficiency, 3286e-3286 h, 3286j, 3286k. Bureau of Mines, employés detailed to Washington, 783a. - Bureau of Supplies and accounts in navy department, 626. - By Captain Commandant of Coast Guard, of expenditures and opera- tions, 8459%a (5). California. Débris Commission, 10011. Capital Issues Committee, 31.15%;n. Censorship of mails, 7546a, Appendix p. 1788. Census, director of publication of names in First Census, 4420. Chief of engineers, settlement of claims from collisions with river and harbor improvement vessels, 9899. Civil service commission, chief of di- vision of efficiency, 3286b. Claims for damages to private proper- ty from military operations, 335. Clerks, Court of Claims, 1134. Court of Claims removal of, 1130. House, Subordinate disbursing offi- cers, 86 Coast survey, 8562. Expenditures, 872. Collectors of ports, ports of, 305. Columbia Institution for Deaf, super- intendent of, 9357. Commissioner, Education, 768. Fish and Fisheries, 904. stºment of expenditures to, General land office, plats and in- formation, 702. Labor Statistics, 951. Patents, 758. Commission on Industrial Relations, 8915, 8916. Commission to investigate relation be- tween carrier and employe, 8680b. Comptroller of Currency, 505. Consular courts in certain foreign Countries regulations to be laid be- fore, 7664. , Conveyance of easements and rights of Way in Hawaii National Park, 5249m. Cost of removal of office, 3256. Product of factory for manufac- ture of armor, 2779a. Council of national defense, 3115e. Court of Claims, 1178. Custom Service, reorganization, 5327, 5327a. Departments, printing of, number of copies, distribution, 7075, 7076. T)isposal of, moneys received as con- tributions toward various inves- tigations, 5145. Useless papers in files of navy yards and stations, 2789. Distribution of government publica- tions through departments, 7170. abstracts of re- [Page 2038] s are to sections, except where otherwise indicated.] CONGRESS (Cont'd) Reports to (Cont'd) Employés’ compensation commission, 89324G. Employés, detailed at Washington, 7 a. On public buildings, 6695. - Employments under appropriations for physical valuation of property of common carrier, 8591b. Estimates, number and salaries of in- efficient employés, 6679. Ratio of imports of domestic pro- duction, 5315. Exchange of motor vehicles by de- partment of agriculture, 814bb. Executive departments, useless pers in, 282, 283. - Expenditures, advisory committee for aeronautics, 3115.j. - Appropriations for expenses of for- eign trade and treaty relations, pa- Appropriations to prevent epidem- ics, 9173, Appendix p. 1796. Construction of roads and trails in national forests, 5150a. Consulting board of Naval militia, 3078a.(30). Contingent funds, heads of execu- tive departments, 275, 276. Heads of executive depart- ments, time of making, 278. Cotton factories at United States Penitentiary at Atlanta, 105633, Appendix p. 1800. - Hospitals for Indians afflicted with contagious and infectious diseas- es, 4125b. . Irrigation projects in Indian reser- vations, 42050, 4205e. Issue of bonds; 6829i, 6829n. Military establishment, 333. Prevention of epidemics reported to, 9173. Removing inmates, of Home for Disabled Volunteer soldiers in case of epidemic, reported to, 9269. . Sub-treasuries, 276. Federal board for vocational educa- tion, 9390%.m. Federal Trade Commission, 8836f(6f). Geological Survey, director of, 776, 778. Governor general of Philippines, 3817a. Governor of Porto Rico, 3803ddd, 3803pp. Health conditions, 9159. Improvements of harbors, canals and channels, 28.136. Indians, employment of persons to instruct in agriculture, etc., 4161. Transmission to of agreements for commutation of perpetual an- nuities of Indians, 726. - Withdrawal of lands in Indian res- ervations from location, etc., 4526. Insane hospital, superintendent of, 9297. Interstate Commerce 8588, 8594. Physical valuation of property of common carriers, 8591. Railroad safety appliances, 8640. Investigation of means for extending parcels post for marketing of farm products, 7327a. . Irrigation projects in Indian Reserval- tions, 4205b. Librarian of Congress, 133. Life-saving service, General Superin- tendent of, 8461. Mississippi River Commission, 9998. Plans for immediate works, 9999. Motor vehicle truck routes, 7301a, Ap- pendix p. 1786. National forest reservation commis- sion, 5178. National Home for Disabled Volun- teer Soldiers, Board of Managers, 9270, 9271. Inspector of, 9280. - National Museum, director of, 10572. Commission, National Zoological Park, expenses for, 10590. Naval vessels stricken from register, 2786. Panama Canal, receipts and expendi- tures, 10042. Patent decisions, of Commissioner and courts, 7093. CONGRESS (Cont'd) Reports to (Cont'd) JPostal savings depositories, Board of trustees, 7580, 7581. Postmaster-General, 586, 604-607. contrº for carrying mail, 7482a 10). OVer routes not established, 7468. Expenditures for unusual condi- tions at post-offices, 7255. Postmaster’s claims for losses by hºlary, fire, etc., adjusted, President, federal controlled trans- portation systems, 31.15% g. Housing of war-industry ployés, 31.15%f. Sale of property acquired for war €Iſl= purposes, 6941a. Under food conservation act, 31.15%0. Under trading with Enemy Act, 31.15%.co. Proceeds from operation of public utilities by engineer operations Overseas, 1952b, Appendix p. 1755. Public buildings Commission, 3369a. Public lands, withdrawal of lands. from settlement, etc., 4525. Withdrawal of lands in reservation from location, 4526. Public printer, 6973, 6987, 6992, 7002, 7167. Cost of printing, paper, etc., 6977. Estimates by, 6982. Receipts and expenditures, 96. Almounts appropriated for co-Oper- ative extension work by Agri- cultural Colleges, 8877g. Under war risk insurance act, 514.j. Red Cross Association, 7702. Refunds of excess duties, 5717, 5718. Reorganization of customs service, 5327a. River and harbor improvements, 9866. sº of naval vessels, and stores, 2784. Sales of war supplies, 694 iala, Appen- dix. p. 1784. Secretary of Agriculture, 835–839a. Expenditures for experiment sta- tions, 8890, 8895. - Under conservation act, 31.15%d. Secretary of Commerce, Statistical report, 868. Secretary of Interior, 685-689. Disbursements for agricultural colleges, 8875. e Irrigation works, 4701. Surveys within linnits of railroad grants, 4887. Secretary of labor, 941–943. Secretary of navy, 624, 648-652. Abstract of returns of adjutant general of state militia, 3078a. (31). Secretary of senate, subordinate dis- bursing officers, 86. Secretary of State foreign regulations of commerce, etc., 306. Secretary of Treasury, compensation paid to customs officers and in- formers, 5797. - Expenditures for issue of bonds, 6829i, 6829n. Leases of unproductive public property, 6943. Purchase of bonds, 682900. Regulations for appraisal of cus- toms to, 56.35. Renting of public building sites, 6928. Secretary of War, 331-334. Bids for work by, 334. Civilian engineers on river and harbor improvements, 9872. Concerning river and harbor im– provements, 9871. Leases of public property not re- quired for public use, 6944. Smithsonian Institution, Board of Re- gents of, 10585. - Expenditures for, 10571. Salaries of Officers and employés of, 10586. Soldiers’ Home Board of Commission- ers, 92.16, 9236. State homes receiving national aid, inspection of, 9288. Surgeon-general of Public Health Service transmitted to, 91.48. Surveyors general, transfer of clerks, 4460a. GENERAL INDEX IPage 2039] [References are to sections, except where otherwise indicated.] CONGRESS (Cont'd) Reports to (Cont'd) Traveling expenses of Officers and em- ployés of executive departments, 277. United States Shipping Board, 8146ff. Investigation in regard to foreign trade conditions, 81.46m. United States Shipping Board Emer- gency Fleet Corporation, 8146t. º: States Tariff Commission, Use of moneys appropriated for en- Couraging industry among Indians, 4124, 4125, 4125a. War department unexpended balance of appropriation for, 332. War Finance Corporation, 31.15%k. Waterways Commission, 1003%a. Resolutions, custody and charge of by Secretary of State, 302. Veto (Const. art. 1, § 7, cl. 3). º, stablishment (Const. art. 1, § 5, C g e Sessions, extra, president's power (Const. art. 2, § 3). Frequency (Const. art. 1, § 4, cl. 2). Time (Const. art. 1, § 4, cl. 2 States, consolidation of, consent neces- sary (Const. art. 4, § 3, cl. 1). Stationery for, 91-94. Contracts for separate parts, 94. Supplies, preference of American manu- facturers in purchase of, 95. Territorial laws, annulment by, 3486. Subumitted to, 3437. Tonnage duties and imposts, consent to States’ collection of, 9150. º Trade agreements submitted to, before becoming operative, 5292. Tranº; Service, not to be discontinued, Vessels, not to be disposed of without Consent of, 1975. Vocational education, appeals to, by State boards from withholding of al- lotments, 93.90%k. - Votes, entry in journal (Const. art. 1, § 5, cl. 3); (Const. art. i., § 7, cl. 2). Witnesses before, testimony of, not to be used in criminal cases, except, etc., 1467. CONGRESSIONAL CEMETERY Monuments to deceased senators and I'ep- resentatives, 55. CONGRESSIONAL DIRECTORY Official correspondence in penalty en- velopes, 7088. Printing, distribution, 7088. Sale of, disposition of proceeds, 7002. CONGRESSIONAL LIBRARY See Library of Congress. CONGRESSIONAL PRINTER See Public Printer. - CONGRESSIONAL RECORD Clerk in charge of, salary, 7983. Control of by joint committee on print- ing, 6967. Distribution of copies to, governor-gener- al of Philippines, 7047. Gratuitous copies, 7090. Library of Congress, 7026, 7027. Envelopes for mailing furnished to con- gressmen, 6992. Examination of for noting documents re- | quired for departments, 7169. Exchange of copies for foreign parlia- mentary records, 7126. - Extracts for congressmen, 6992. Free transmission under frank of member of Congress, 7377. Indexes, preparation and compensation therefor, 6968. Library of congress to receive, for ex- changes, 7126. Number of copies, 7026, 7027, 7125. Mailing envelopes and franks for extracts from, printing upon, 6993. Nºaper correspondents to receive, Payment of cost of printing extracts from, 6995. Postage, 7362. Sales, disposition of proceeds, 7002. Subscriptions, 7090. Vºnd copies for members of Congress, “Usual number” not to be printed, 7090. CONNECTICUT I)istrict court terms, 1059. Judicial districts, 1059. Marshal, salary, 1449. Flour, Importation, CONSANGUINITY w District judge to court officers, 1049. Registers or receivers, disqualification, 4497 CONSCRIPTION See Selective Draft. Text of, 2044a–2044l. CONSENT JUDGMENTS AND DECREES See Judgments and Decrees. CONSERVATION ACT See Navigable Waters. Navigable waters, 5174-5187. CONSERVATION OF FOOD AND NEC- IESSARIES Agencies and services may be used, no compensation, 31.15% ee. Appropriations, 31.15%d, 31.15%mm, 31.15% n. Acquisition of nitrate of soda, 31.15%r. Authority and powers conferred, 31.15%a, 31.15% e. Beans, purchase, storage and sale by President, 31.15%j. Certificates issued by agents of depart- ment of agriculture as evidence of truth of statements therein, 31.15%d. Coal and coke, fixing prices, 31.15%q. Operation of plants by government, 31.15%q. Production, sale, etc., rules for regu- lation of, 31.15% q. Purchase by government, 31.15%q. | Commissions, regulations as to charges, 31.15%g. Unreasonabſe, 31.15%g. Conspiracies, 31.15%ff. Contracts, pecuniary interest of agents or employés in prohibited, punishment, 31.15%f. - Cooperation of government agencies with Secretary of Agriculture, 31.15% c. Cooperation with state officials, 31.15%bb. Definitions, 31.15% co, 31.15%g, 31.15%p. Destruction, 31.15%ff. To enhance price, 31.15%hh. Disbursements, statement of filed with Congress, 31.15% n. Discriminations, 31.15%ff. - Distilled spirits, commandeering by Pres- ident, 31.15%ll. TJse of food, etc., 31.15%l. Distribution, conspiracy to limit, 31.15%i. Interference with, 31.15%ff. Licenses, 31.15%g. - Carrying on business after revoca- tion, 31.15%g. Prevention of, 31.15%ff. Employés, not exempt from draft, 31.15%d, 31.15% nn. Women preferred, 31.15%d. Enhancing price, 31.15%ff. - Evil practices, defined and prohibited, 31.15%k. - - Excessive or unjust prices, 31.15%ff. Factories, requisition and operation by President, 31.15%jj. Feeds, use of in production of distilled liquors, 31.15%l. purchase, storage and sale by President, 31.15%j. Foods and food materials, use of in production of distilled or malted liq- uors, 31.15%l. - in production of, Selective Fruits, use of in production of distilled . or malted liquors, 31.15%l. Hoarding, 31.15%ff. Punishment, 31.15%gg. Seizure by libel, 31.15%h. - Sale, 31.15%h. What constitutes, 31.15%gg. licenses, 31.15%g. Licenses, carrying on business after revocation, 31.15%g. - Interference, etc., with officers in execu- tion of act, 31.15%m. Investigation of Supply, consumption, etc., of food, etc., answering ques- tions, etc., duty to answer, 31.15%aa. Answering questions, etc., failure, penalty, 31.15%aa. Authority of Secretary of Agricul- ture, 31.15%aa. - Licenses, proclamations of President, 31.15%g. Limiting supply, 31.15%qq. e Malt liquors, restrictions, proclamation of President, 31.15%l. Use of food, etc., in production of, 31.15%l. e Manufacture, to limit, 31.15%i. Interference with, 31.15%ff. conspiracy | CONSERVATION OF FOOD AND NEC- ESSARIES (Cont'd) Manufacture (Cont'd) Licenses, 31.15%g. Carrying on business Cation, 31.15%g. Prevention of, 31.15%ff. Meal, purchase, storage and sale by Pres- ident, 31.15%j. Mines, requisition and operation by Pres- ident, 31.15%jj. Mining, licenses, 31.15%g. Licenses, carrying on business after revocation, 31.15%g. Monopolies of, 31.15%ff. Nitrate of soda, acquisition of stocks of, after revo- by United States, 31.15%r. Sale, etc., 31.15%r. Disposition of proceeds, 31.15%r, 31.15%rr. Oil pipe lines, requisition and operation by President, 31.15%jj. Packing houses, requisition and opera- tion by President, 31.15%jj. Partial invalidity of act, 31.15%oo. Plants, requisition and operation by Pres- ident, 31.15%jj. Potatoes, purchase, storage and sale by President, 31.15%j. Practices, regulations as to, 31.15%g. |Unreasonable, 31.15%g. Price manipulation, 31.15%qq. Destruction of necessaries, 31.15%hh. - Regulation, 31.15%k. Production, conspiracy to limit, 31.15%i. Interference with, 31.15%ff. Prevention of, 31.15%ff. Profits, regulations as to, 31.15%g. |Unreasonable, 31.15%g. Reports, 31.15%0. Requisition for army, navy or public de- fense, 31.15%ii. Rules and regulations, authority of Pres- ident, 31.15% e. Seeds for crops, 31.15%b. Speculation in prices, regulation, 31.15%k. Storage, conspiracy to limit, 31.15%i. Licenses, 31.15%g. Carrying on business after revoca- tion, 31.15%g. Regulations as to charges, 31.15%g. Unreasonable charges, 31.15%g. Termination of effective force of act, 31.15%dd, 31.15%pp. Transportation, conspiracy to 31.15%i. - Interference with, 31.15%ff. Prevention of, 31.15%ff. Waste, 31.15%ff. 31.15%ff, purchase, etc., of, limit, | Wheat, fixing guaranteed price, 31.15%kk. Fixing guaranteed price, levy of im- port duty to maintain, 31.15%kk. Proclamation Of President, 31.15%kk. - - - Purchase, etc., by United States at guaranteed price, 31.15%kk. - Purchase, storage and sale by Presi- dent, 31.15%j. Stimulation of production, 31.15%kk. CONSERVATORS - Income tax on individuals withholding tax at source, deductions and exemp- tions how obtained, indemnity, 6336 iſ bl. Return, 6336hſc], 6336 y. CONSIGNEES - Duty of carrier on demand of, 86046d. Imported merchandise, deemed owners, 5519, 5760. * Holder of bill of lading deemed to be, 5760 l - Teas, bond, 8789. Vessel, acting as shipping-commissioner, 8290 Aliens, bringing in or landing aliens not entitled to enter, 4289%dd, 428914e. Employment on vessel of alien af- flicted with idiocy, etc., 4289%.S.S. Expenses of detention pending in- spection, 4289%hh. Landing excluded aliens employ- ed on vessels, 4289%r. Lists of alien passengers, 4289%g. Lists of aliens employed On VeS- sels arriving from foreign ports, 4289%t. Payment of head taxes, 4289%aa. Refusal to deport, 4289%j. Reports of aliens illegally landed, 4289%t. GENERAL INDEX IPage 2040] [References are to sections, except where otherwise indicated.] CONSIGNEES (Cont'd) Vessel (Cont'd) Aliens (Cont'd) Signing alien on ship's articles with intent to violate immigra- tion laws, 4289%gg. Arbitration of seamen's claims, 8343. Armed vessels, bonds on clearing, 10180. Duty to person shipping articles on clearance, compliance With Act re- lating to advances and allotments of wages, 8323. . Penalties, carrying away live-oak or red-cedar timber from lands re- served, 4981. Illegal advances and allotments of Seamen’s Wages, Violation of immigration laws, 4289%dd, 4289%.e., 4289%hh, 4289%j, 4289%qq, 4289%r, 4289%ss, 4289%t. CONSOLIDATHON Actions, causes of like nature, 1547. Foreclosure of miners’ liens in Alaska, 5066. Coal land claims or locations in Alaska, 5075. Coal land leases in Alaska, 50786. Customs service, collection districts, 5327, 5327a. - Indictments, 1690. Land offices, allowance for office rent and clerk hire, 4512. - . Fees of registers and receivers, 4475. Offices or bureaus, submission in esti- mates, 6672. - Post-offices, free delivery of mail, 7273. Revenue seizure, 1546. Surveyor general’s offices, 4444. CONS&PHRACHES ACT See Co?? Spirology. Civil War, 3933(1-3), 10170, 10185. CONSPIRACY See Elections ; Evidence ; Indictment ; Instructions ; Venºwe. Aiding or assisting aliens 4289% n. Cast away vessel, 10469. Civil rights, actions for neglecting to pre- vent, 3934. Injuring persons in exercise of, 10183. Preventing officer from performing du- ties, 10185. Suits, etc., 3933. Coal land entries, in Alaska, control of, 5077. * to enter, In Alaska, punishment of all parties, 5078i, 10.201. Committing offense against United States, Čommunication etc. of document etc. for injury to United States, 10212d. Defrauding United States, false claim, 10199. Internal revenue, 5889. Military service, persons in, art. 94(3). Naval service, persons in, 2975(2). Persons not in military or naval serv- ice, action for, 6411. Import trade, restraint of, 8831–8836. Injuring or destroying property of for- 2308a, eign governments in United States, 7678.p. Injuring vessels engaged in foreign com- merce, 10483a. Intimidating party, witness, or juror, 10306. Jurisdiction of district courts, 991 (12). Suits against person having knowl- edge of, 991 (13). Liability of all conspirators for acts of one, 3933. Limiting supply, exacting excessive pric- es, etc., for food and necessaries, 31.15%ff. Monopolies, 8820–8836. Obstructing, officers from performing du- ties, 10185. Restricting etc. of necessaries vation act, 31.15%i. Revenue officers to defraud, 5889. Seditious conspiracy, punishment, 10170. (Seditious or disloyal acts, etc., 102.12d. Suppression by use of land and naval forces, 101.41. Trading with enemy, jurisdiction, 31.15%ii. Use of vessels as resort for persons con- spiring against United States, etc., 9959%.C. production, transportation, under food conser- CONSTABLES Panama Canal Zone, see Canal Zone. Allowance, form, etc., in China, 7667. constABULARY Philippine Constabulary, see Philip- pines. State police not prohibited by act prohib- iting states from keeping troops other than militia, 3044b. CONSTITUTHON OF UNITED STATES Admiralty, judicial power of United States extends to cases of (Art. 3, § 2, cl. 1). - Admission of states (Art. 4, § 3, cl. 1). Alaska, applicable to, 3530. Alliances, states, prohibition (Art. 1, § 10, cl. 1). - Ambassadors, appointment (Art. 2, § 2, cl. 2) Cases affecting, Supreme Court’s orig- inal jurisdiction (Art. 3, § 2, cl. 2). Judicial power of United States ex- tends to cases affecting (Art. 3, § 2, cl. 1). President to receive (Art. 2, § 3). Amendments, limitations on (Art. 5). Manner of adoption, etc. (Art. 5). Promulgation by Secretary of State, 303. Reduction of apportićſhment of repre- sentatives in Congress under, 20. Appeals and writs of errors in cases in- volving, 1186, 1215, 1224, 1225a, 1227 (3). Appeals, re-examination after jury trial, - restrictions (Am. 7). Appointments, ambassadors, officers of the intº States, etc. (Art. 2, § 2, Cl. 2, J. Senate recess, president’s power (Art. 2, § 2, cl. 3). Appointment, vesting in President, º, or Department heads (Art. 2, § , Cºl. 2). Apportionment, capitation and other di- rect taxes (Art. 1, § 9, cl. 4). Direct taxes (Art. 1, § 2, cl. 3). Income tax, unnecessary (Am. 16). Representatives (Art. 1, § 2, cl. 3); (Am. 14, § 2). Appropriations, necessity before drawing money from treasury (Art. 1, § 9, cl. 7). Arms, right to bear, etc., infringement prohibited (Am. 2). Army, indictment unnecessary (Am. 5). Power of Congress to raise (Art. 1, § 8, cl. 12). President as Commander-in-chief (Art. 2, § 2, cl. 1). Rules for government and regulation (Art. 1, § 8, cl. 14). Arsenals, purchase and power over sites (Art. 1, § 8, cl. 17). Assemblages, abridgment of right prohib- ited (Am. 1). Attainder, 10, c1. Treason, limitation to life of person attainted (Art. 3, § 3, cl. 2). Attorneys, accused’s right to assistance of (Am. 6). Authors, exclusive right to writings, pow- er of Congress (Art. 1, § 8, cl. 8). - Bail, excessive, prohibited (Am. 8). In criminal cases involving rights, etc., under, removal by writ of er- ror, from state courts, 1681. Bankruptcy, Congress to establish uni- form laws on (Art. 1, § 8, cl. 4). Bills of attainder, passage prohibited (Art. 1, § 9, cl. 3). States, prohibition (Art. 1, § 10, cl. 1). Bills of credit, states, prohibition (Art. 1, § 10, cl. 1). Pills, resolutions, etc., passage over veto Art. 1, § 7, cls. 2, 3). Borrowing money (Art. 1, § 8, cl. 2). Bounties, debts incurred for, validity (Am. 14, § 4). - Bribery, impeachment for (Art. 2, § 4). Capital and other infamous crimes, dictment, necessity (Am. 5). º tax, apportionment (Art. 1, § 9, cl. 4). - Captures, rules, power of Congress (Art. 1, § 8, cl. 11). Cases arising under, judicial power of º States extends to (Art. 3, § 2, Cl, º sºe. prohibition (Art. 1, § in- CONSTITUTION (Cont'd) Cases to which judicial power of United States extends (Art. 3, § 2, cl. 1). Census, direct taxes apportioned accord- ing to (Art. 1, § 9, cl. 4). Income tax levied without regard to (Am. 16 . Citizens, claiming lands under different State grants, judicial power extend- ed to (Art. 3, § 2, cl. 1) Controversy with another state, judi- Cial power of United States (Art. 3, § 2, cl. 1); (Am. 11). Different states, judicial power ex- tended to controversy between (Art. 3, § 2, cl. 1). Foreign states, etc., controversies be-, tWeen, judicial power extended to (Art. 3, § 2, cl. 1). . Privº and immunities (Art. 4, § , Cl. º - Abridgment prohibited by states. (Am. 14, § 1). Suffrage, a bridgment because of race, Color, or previous condition of servi- tude, prohibited (Am. 15, § 1). Claims of United States, or state, not prejudiced by general welfare clause (Art. 4, § 3, cl. 2). Clearance, vessels, states cannot require. (Art. 1, § 9, cl. 6). Coin, counterfeiting, power to punish (Art. 1, § 8, cl. 6). Coining money, etc., power of Congress * (Art. 1, § 8, cl. 5). States, prohibition (Art. 1, § 10, cl. 1). Commander-in-chief of army, navy and º President to be (Art, 2, § 2, CI. e Commerce power of Congress to regulate (Art. 1, § 8, cl. 3). Commercial regulations, port preferences forbidden (Art. 1, § 9, cl. 6). Common defense, provision for by Con- gress (Art. 1, § 8, cl. 1). Compensation, President (Art. 2, § 1, cl. 6) Judges (Art. 3, § 1). Justices of Supreme Court (Art. 3, OF UNITED STATES § 1). * Members of Congress (Art. 1, § 6, cl. 1). Private property not to be taken for public use without (Am. 5). Confederate states, debts, assumption, prohibited (Am. 14, § 4). Confederations, states, prohibition (Art. 1, § 10, cl. 1). Congress, adjournment, limitations upon. - (A 1, § 5, cl. 4). Adjournment, power of less than, quorum (Art. 1, § 5, cl. 1). President’s power (Art. 2, § 3). Composition (Art. 1, § 1). - Consent, receiving gift, title, etc., from foreign state (Art. 1, § 9, cl. 8). State action, agreements with oth- er states or foreign power (Art. 1, § 10, cl. 3). Duties on imports or exports: (Art. 1, § 10, cl. 2). Ships of war, maintenance. (Art. 1, § 10, cl. 3). Tonnage duties (Art. 1, § 10, Cl Troops, maintenance (Art. 1, § 10, cl. 3). War, engagement in (Art. 1, § 10, cl. 3). Constitutional amendments, proposing. (Art. 5). Extra sessions, president’s power. (Art. 2, § 3). Information and recommendations by: president (Art. 2, § 3). Journals (Art. 1, § 5, cl. 3). Entries in (Art. 1, § 7, cl. 2). Lºlative power vested in (Art. 1,. Members, compelling attendance (Art. 1, § 5, cl. 1). Elections, each house own judge- Art. 1, § 5, cl. 1). Power to regulate (Art. 1, §: 4, cl. 1). Eligibility for other offices (Art. 1, § 6, cl. 2). Expulsion (Art. 1, § 5, cl. 2). Oath to support constitution (Art- 6, cl. 3). GENERAL INDEX [Page 20411 [References are to sections, except where otherwise indicated.] *CONSTITUTION OF UNITED STATES (Cont'd) - Congress (Cont'd) Members (Cont'd) . Punishment for disorderly behav- ior (Art. 1, § 5, cl. 2). Qualifications (Art. 1, § 6, cl. 2). Salaries (Art. 1, § 6, cl. 1). Speeches, etc., immunity from questioning (Art. 1, § 6, cl. 1). Powers, abolition of slavery, enforce- ment (Am. 13, § 2). Acting President, designation (Art. 2, § 1, cl. 5). Admission of states (Art. 4, § 3, cl. 1). Amendments to constitution (Art. 5 Army, government and regulation of (Art. 1, § 8, cl. 14). Bankruptcy laws, establishment (Art. 1, § 8, cl. 4) Borrowing money cl. 2). Captures, rules concerning (Art. 1, § 8, cl. 11). Common defense, (Art. 1, § 8, cl. 1 Controlling state import and ex- port duties (Art. i., § 10, cl. 2). Copyrights (Art. 1, § 8, cl. 8). (Art. 1, § 8, provision for Counterfeiting, punishment (Art. 1, § 8, cl. 6). Criminal trials, venue (Art. 3, § 2, cl. 3). Debts, payment (Art. 1, § 8, cl. 1). T)istrict of Columbia, exclusive legislation over (Art. 1, § 8, cl. 17). I) uties, levying, etc. (Art. 1, § 8, cl. 1). Enforcing fifteenth Amendment (Am. 15, § 2). - Enforcing fourteenth Amendment (Am. 14, § 5). ‘Excises, levying, etc. (Art. 1, § 8, cl. 1). Executing * laws, calling (Art. 1, § 8, cl. 15). * Felonies on high seas, defining and punishing (Art. 1, § 8, cl. 10). • Foreign coins, regulating value (Art. 1, § 8, cl. 5). militia. Forts, magazines, etc., purchase and power over sites for (Art. 1, § 8, cl. 17). Full faith and credit clause, pre- scribing manner of proving State acts, records, etc. (Art. 4, § 1). General welfare, provision for (Art. 1, § 8, cl. 1). g Habeas corpus, suspension of Writ (Art. 1, § 9, cl. 2). Impost, levying, etc. (Art. 1, § 8, cl. 1). Incidental (Art. 1, § 8, cl. 18). Income tax, levy without appor- tionment (Am. 16). Inferior courts, creation (Art. 1, § 8, cl. 9). Establishment (Art. 3, § 1). Insurrections and invasions, call- ing militia (Art. 1, § 8, cl. 15). Judge of elections, returns and qualifications of members (Art. 1, § 5, cl. 1). & Letters of marque and reprisal, granting (Art. 1, § 8, cl. 11). Members, disciplining (Art. 1, § 5, cl. 2). Miiitia, calling forth (Art. 1, § 8, cl. 15). º Organizing, governing, etc. (Art. 1, § 8, cl. 16). g Money, coining and regulating value of (Art. 1, § 8, cl. 5). Naturalization, uniform rule for (Art. 1, § 8, cl. 4). Navy, government and regulation of (Art. 1, § 8, cl. 14). Providing and maintaining (Art. 1, § 8, cl. 13). Offenses against law of nations, defining and punishing (Art. 1, § 8, cl. 10). Patents (Art. 1, § 8, cl. 8). Piracy and felonies on high seas, defining and punishing (Art. , 1, § 8, cl. 10). - Post offices, establishment (Art. 1, § 8, cl. 7). CONSTITUTION OF UNITED STATES (Cont'd) Congress (Cont'd) Powers (Cont'd) Post roads, etablishment (Art. 1, § 8, cl. 7). Presidential electors, time of choosing and voting (Art. 2, § l, cl. 3). Punishment, counterfeiting Art. 1, § 8, cl. 6). Offenses against law of na- tions (Art. 1, § 8, cl. 10). Piracy and felonies, on high Seas (Art. 1, § 8, cl. 10). Treason (Art. 3, § 3, cl. 2). Regulating commerce (Art. 1, § 8, Cl. 3). Removing disability (Am. 14, § 3). Rules, captures (Art. 1, § 8, cl. 11). Land and naval forces (Art. 1, § 8, cl. 14). Respecting territories and oth- er property of the United States (Art. 4, § 3, cl. 2). Slave traffic (Art. 1, § 9, cl. 1). Standard of weights and measures power to fix (Art. 1, § 8, cl. 5). Supreme Court’s appellate juris- diction, exceptions and regula- tions (Art. 3, § 2, cl. 2). Taxes, levy, etc., (Art. 1, § 8, cl. 1). Tax or duty on slave importations (Art. 1, § 9, cl. 1). . . . Treason, punishment (Art. 3, § 3, cl. 2). Vestiflg appointment of inferior officers in President, courts or tºpºnent heads (Art. 2, § 2, Cl. º - War, declaration of (Art. 1, § 8, cl. 11). * Weights and measures, fixing standard (Art. 1, § 8, cl. 5). Prohibitions, assemblage, abridgment of right (Am. 1). - Freedom of speech and abridgment (Am... 1). t Petitions for redress of grievances, abridgment (Am. 1). Religion, laws regarding (Am. L). Quorum, majority to constitute (Art. 1, § 5, cl. 1) preSS, Selection of President and vice President (Art. 2, § 1); (Am. 12). Rules, establishment (Art. 1, § 5, cl. 2). Government and regulation of land and naval forces (Art. 1, § 8, cl. Sessions, frequency and time (Art. 1, § 4, cl. 2). - - Votes, entry in journal (Art. 1, § 5, Cl. 3); (Art. 1, § 7, cl. 2). - Consuls, appointment (Art. 2, § 2, cl. 2). Cases affecting, Supreme Court’s orig- inal jurisdiction (Art. 3, § 2, cl. 2). Judicial power of United States ex- tends to cases affecting (Art. 3, § 2, cl. 1). Contract impairment, states, prohibition (Art. 1, § 10, cl. 1). Controversies to which judicial power of United States extends (Art. 3, § 2, cl. 1). Convention for proposing amendments (Art. 5). Copyrights, § 8, cI. 8) Corruption of blood, treason, limitation º º of person attainted (Art. 3, § 3, CI. e Counterfeiting, power of Congress to pun- ish (Art. 1, § 8, cl. 6). Courts, inferior to Supreme Court, power to create (Art. 1, § 8, cl. 9). Crime, extradition (Art. 4, § 2, cl. 2). Criminal prosecutions, accused’s rights (Am. 6). Attorney, accused’s right to (Am. 6). Incrimination, compelling prohibited (Am. 5). Jury trial, right to (Art. 3, § 2, cl. 3); (Am. 6). power of Congress (Art. 1, Process, obtaining witnesses for ac- Cused (Am. 6). Venue (Art. 3, § 2, cl. 3); (Am. 6). Witnesses, accused’s right to obtain (Am. 6). Cruel and unusual punishments prohib- ited (Am. 8). Debts, contracted before adoption of Con- stitution validated (Art. 6, cl. 1). Contracted for pensions, validity (Am. 4, § 4). CONSTITUTION OF UNITED STATES (Cont'd) Debts (Cont'd) Payment by Congress (Art. 1, § 8, Cl. 1). Payment of those incurred by Confed- erate States prohibited (Am. 14, 4). Direct taxes, apportionment (Art. 1, § 2, Cl. 3); (Art. 1, § 9, cl. 4). Discoveries, power of Congress to protect (Art. 1, § 8, cI. 8). Disqualification, engaging in rebellion aft- er oath to support (Am. 14, § 3). District of Columbia, exclusive legisla- tion over (Art. 1, § 8, cl. 17). Dock yards, purchase and power over Sites (Art. 1, § 8, cl. 17). Domestic violence, states, protection by United States (Art. 4, § 4). Pºe, process of law (Am. 5); (Am. 14, Duties, Congress may levy (Art. 1, § 8, cl. 1). Exportations from any state, prohibi- tion (Art. 1, § 9, cl. 5). State imports or exports, control by Congress (Art. 1, § 10, cl. 2). State traffic, power of Congress to impose (Art. 1, § 9, cl. 1). Uniformity required (Art. 1, § 8, cl. 1). Vessels, state cannot require payment of (Art. 1, § 9, cl. 6). Eighth amendment. Elections, denying right to vote, reduc- # representation in Congress (Am. , § 2). President (Art. 2, § 1); (Am Vice president (Art. 2, § 1); Electors (A.m. 17). Qualifications (Am. 14, § 3). Eleventh amendment. - Emoluments, acceptance by office holder from foreign state (Art. 1, § 9, cl. 8). President, other than salary prohibit- ed (Art. 2, § 1, cl. 6). - Engagements entered into before adop- tion preserved (Art. 6, cl. 1). Entry, vessels, states cannot require (Art. 1, § 9, cl. 6). Enumeration, direct taxes apportioned according to (Art. 1, § 9, cl. 4). Of rights not to deny others retained by people (Am. 9). Equal protection of the laws, denial pro- hibited, states (Am. 14, 1). Fºs slaves, surrender (Art. 4, § 2, Cl. 3). Establishment, ratification by nine states (Art. 7). Excessive bail prohibited (Am. 8). Excessive fines prohibited (Am. 8). Excises, Congress may levy (Art. 1, § 8, cl. 1). Uniformity required (Art. 1, § 8, cl. 1). Executing laws calling militia, power of Congress (Art. 1, § 8, cl. 15). President’s duty (Art. 2, § 3). Executive power, wested in President (Art. 2, § 1, cl. 1). Exportations from any state, no tax or duty (Art. 1, § 9, cl. 5). Exports, state duties, control by Congress (Art. 1, § 10, cl. 2). Ex º º laws prohibited (Art. 1, s e tº J a States, prohibition (Art. 1, § 10, cl. 1). Extradition (Art. 4, § 2, cl. 2). Felonies, extradition (Art. 4, § 2, cl. 2). On high Seas, power of Congress to ºne and punish (Art. 1, § 8, cl. 10). Fifteenth amendment. Fifth amendment. Fines, excessive, prohibited (A.m. 8). First amendment. Foreign coins, power of Congress to reg- ulate value (Art. 1, § 8, cl. 5). Foreign states, controversy with state or citizens thereof, judicial power not itended to Suits against state (Am. . 12). (Am. 12). Controversy with state or citizens thereof, judicial power of United States (Art. 3, § 2, cl. 1). Office holder accepting present, title, etc., from (Art. 1, § 9, cl. 8). Forfeitures, treason, limitation to life of person attainted (Art. 3, § 3, cl. 2) Former jeopardy (Am. 5). - Forts, purchase and power over sites (Art. 1, § 8, cl. 17). - Fourteenth amendment. Fourth amendment. GENERAL INDEX [Page 2042.] [References are to sections, except where otherwise indicated.] CONSTITUTION OF UNITED STATES (Cont'd) |Freedom of speech ment prohibited (Am... 1). - Fugitives frºm justice, extradition (Art. , § 2, cl. 2). Full faith and credit clause (Art. 4, § 1). General welfare clause (Art. 4, § 3, cl. 2). General Welfare, provision for by Con- gress (Art. 1, § 8, cl. 1). Governors, Senate, temporary appoint- ments (Am. 17). Grand jury, indictments, etc., necessary in capital and infamous crimes (Am. 5). Grievances, petition for redress, a bridg- ing right prohibited (Am. 1). Hºpe; corpus, suspension (Art. 1, § 9, cl. 2). Hawaii, applicable to, 3648. High crimes and misdemeanors, impeach- ment for (Art. 2, § 4). - High seas, felonies upon, power of Con- gress to define and punish (Art. 1, § 8, cl. 10). House of Representatives, adjournment, limitations upon (Art. 1, § 5, cl. 4) Adjournment, power of less than quo- rum (Art. 1, § 5, cl. 1). ' Composition (Art. 1, § 2, c1. 1). Election, denying right to vote, re- ducing representation (Am. 14, § 2). Infºment. power of (Art. 1, § 2, Cl. 5). Journal (Art. 1, § 5, cl. 3). Entries in (Art. 1, § 7, cl. 2). Legislative power vested in (Art. 1, 1. Members, apportionment (Art. 1, § 2, cl. 3); (Am. 14, § 2). Compelling attendance (Art. 1, § 5, cl. 1). Election (Art. 1, § 2, cl. 1). Qualification of electors (Art. 1, § 2, cl. 1). - Time, place and manner (Art. 1, § 4, cl. 1). - Eligibility for other offices (Art. 1, § 6, cl. 2). - Expulsion (Art. 1, § 5, cl. 2). Number (Art. 1, § 2, cl. 3). Oath of office (Art. 6, cl. 3). - Presidential electors, ineligibility to act as (Art. 2, § 1, cl. 2). Pºse from arrest (Art. 1, § 6, Cl. 1). Punishment for disorderly beha- vior (Art. 1, § 5, cl. 2). Qualifications (Art. 1, § 2, cl. 2); (Art. 1, § 6, cl. 2); (Am. 14, § 3). Salaries (Art. 1, § 6, cl. 1). Speeches, etc., immunity from questioning (Art. 1, § 6, cl. 1). Vº how filled (Art. 1, § 2, cl. 4). - Officers, choice (Art. 1, § 2, cl. 5). Powers, impeachment (Art. 1, § 2, cl. 5) Judge of elections, returns and qualifications of members (Art. 1, § 5, cl. 1). - - Members, disciplining (Art. 1, § ;: 5, cl. º President, election (Art. 2, § 1); (Am. 12). Quorum, choosing president (Art. 2, § 1); (Am. 12). - Majority to constitute (Art. 1, § 5, cl. 1). Revenue bills must originate in (Art. 1, § 7, cl. 1). Rules, establishment (Art. 1, § 5, cl. 2). Speaker, choice (Art. 1, § 2, c1. 5). Votes, entry in journal (Art. 1, § 5, cl. 3); (Art. 1, § 7, cl. 2). Immunities, abridgment by states prohib- ited (Am. 14, § 1). Citizens entitled to (Art. 4, § 2, cl. 1). . Impairing obligation of contracts, states, prohibition (Art. 1, § 10, cl. 1). Impeachment, grounds (Art. 2, § 4). Judgment, extent and effect (Art. 1, § 3, c1. 7). Jury trial not required (Art. 3, § 2, I. 3 C1. 3). Oath, etc., of senators upon trial (Art. 1, § 3, cl. 6). Persons subject to (Art. 2, § 4). Power vested in House of Represent- atives (Art. 1, § 2, cl. 5). President, Chief Justice to preside (Art. 1, § 3, cl. 6). Trial by Senate (Art. 1, § 3, cl. 6). and preSS, abridg- CONSTITUTION OF UNITED STATES (Cont'd) Impeachment (Cont'd) Tºº vote necessary (Art. 1, § , C1. º Imports, state duties, control by Congress (Art. 1, § 10, pl. 2). Imposts, ºstess may levy (Art. 1, § , C1. l) • State imports or exports, control by Congress (Art. 1, § 10, cl. 2). TJniformity required (Art. 1, § 8, cl. 1). Incidental powers of Congress (Art. 1, § 8, cl. 18). Income tax, (Am. 16). Incrimination in criminal cases, compel- ling prohibited (Am. 5). Indictment, necessity in capital and in- famous crimes (Am. 5). Infamous crimes, indictments, necessity (Am. 5). Inferior courts, judicial power vested in (Art. 3, § 1). - Power of congress to establish (Art. 3, § 1); (Art. 1, § 8, cl. 9). Infringement of right to bear arms, pro- hibition (Am. 2). Insurrections, calling militia, power of Congress (Art. 1, § 8, cl. 15). Debts, validity (Am. 14, § 4). Participation in after oath to support Constitution, disability (Am. 14, § 3). Invasions, calling militia, power of Con- gress (Art. 1, § 8, cl. 15). Habeas corpus, suspension of writ (Art. 1, § 9, cl. 2). States, protection by United States (Art. 4, § 4). Inventors, exclusive rights to discovery, power of Congress (Art. 1, § 8, cl. 8). Iºntary Servitude prohibited (Am. 13, 1). - Judges, compensation (Art. 3, § 1). Duty to obey Constitution (Art. 6, cl. 2). Term (Art. 3, § 1) Judicial power, scope (Am. 11). apportionment unnecessary (Art. 8, § 2, cl. 1); Vested in Supreme and inferior courts (Art. 3, § 1). - Judicial proceedings, full faith and cred- it in other states (Art. 4, § 1). Jurisdiction of suits arising under, 991(1). Jury, right to trial by (Am. 7). In criminal cases (Art. 3, § 2, cl. 3); (Am. 6). PCing, office holder accepting present, ti- tle, etc., from (Art. 1, § 9, cl. 8). Laws of United States, cases arising un- der, judicial power extends to (Art. 3, § 2, cl. 1). - President’s duty regarding execution (Art. 2, § 3). Supremacy (Art. 6, cl. 2). Legal tender, States, prohibition (Art. 1, § 10, cl. 1). Legislative powers, (Art. 1, § 1). Letters of marque and reprisal, power of Congress to grant (Art. 1, § 8, cl. 11 - Vested in congress States, prohibition (Art. 1, § 10, cl. 1). Magazines, purchase and power over Sites (Art. 1, § 8, cl. 17). Maritime jurisdiction, judicial power of United States extends to cases of (Art. 3, § 2, cl. 1). Militia, calling forth, power of Congress (Art. 1, § 8, cl. 15). Indictment unnecessary during actual service (Am. 5). - Infringement of right to maintain pro- hibited (Am. 2). - Organizing, governing, etc., power of Congress (Art. 1, § 8, cl. 16). President as commander-in-chief When in actual service (Art. 2, § 2, cl. 1). State powers over (Art. 1, § 8, cl. 16). Ministers, appointment (Art. 2, § 2, cl. 2). Cases affecting, Supreme Court’s orig- inal jurisdiction (Art. 3, § 2, cl. 2). Judicial power of United States ex- tends to cases affecting (Art. 3, § 2, cl. 1). President to receive (Art. 2, § 3). Money, coining and regulating, power of - Congress (Art. 1, § 8, cl. 5). Foreign coins, power of Congress to regulate value (Art. 1, § 8, cl. 5). Naturalization, Congress to establish uni- form rule (Art. 1, § 8, cl. 4). CONSTITUTION (Cont'd) Navy, indictments unnecessary (Am. 5). Power of Congress to provid;8 and maintain (Art. 1, § 8, cl. 13). President a.S Commander-in-Chief (Art. 2, § 2, cl. 1). Rules for government and regulation. (Art. 1, § 8, cl. 14). Ninth amendment. - Nobility, title of, acceptance by office holder from foreign state (Art. 1, OF UNITED STATES § 9, cl. 8). Not granted by United States (Art. 1, § 9, cl. 8) States, prohibition (Art. 1, § 10, cl. 1). Oath, President (Art. 2, § 1, cl. 7). Supporting constitution (Art. 6, cl. 3). By state officers, 3422. Administering and recording, 3423. Warrant for search and seizure, ne– Cessity (A.m. 4). - Obligation of contracts, impairment by states prohibited (Art. 1, § 10, cl. 1). Offenses against law of nations, power of Congress to define and punish (Art. 1, § 8, cl. 10). Officers, accepting presents, title, etc., from foreign state (Art. 1, § 9, cl. 8). Appointment (Art. 2, § 2, cl. 2). Commissions by president (Art. 2, § 3). Impeachment, grounds (Art. 2, § 4). Oath of office (Art. 6, cl. 3). Qualifications (Am. 14, § 3). Fº test prohibited (Art. 6, Cl. 3). - --. States, qualifications (Am. 14, § 3). Pºng: power of Congress (Art. 1, § 8, C.I. - Pensions, debts incurred for, (A.m. 14, § 4). People, reserved powers (Am. 10). Petitions for redress of grievances, abridging right prohibited (Am. 1). - Philippines, not applicable to, 3804. Piracy, power of Congress to define and punish (Art. 1, § 8, cl. 10). Fºreferences prohibited (Art. 1, § 9, C1. O.J. validity Post offices, power of Congress to estab- lish (Art. 1, § 8, cl. 7). - Post roads, power of Congress to estab- lish (Art. 1, § 8, cl. 7). Powers, reservation to states or people (Am. 10). - Preamble. Preference to ports prohibited (Art. 1, § 9, cl. 6). - Presentment of grand jury, necessity in capital and infamous crimes (Am. 5). Presents, acceptance by office holder from foreign state (Art. 1, § 9, cl. 8 President, acting, Congress may desig- nate (Art. 2, § 1, cl. 5). Ambassadors, reception (Art. 2, § 3). Appointments by, ambassadors (Art. 2, § 2, cl. 2). - Consuls (Art. 2, § 2, cl. 2). Ministers (Art. 2, § 2, cl. 2). Officers of the United States (Art. 2, § 2, cl. 2); (Art. 2, § 2, cl. 3). sprºpe, our Justices (Art. 2, § !, C1. Commander-in-chief of army, navy, - and militia (Art. 2, § 2, cl. 1). Congress, adjournment (Art. 2, § 3). Extra sessions (Art. 2, § 3). Information and recommendations (Art. 2, § 3). Electº (Art. 2, § 1, clis. 2, 3); (Am. Denial of right to vote for, reduc- tion in representation (Am. 14, § 2). Electors not to vote for candidates for both president and vice pres– ident from their state (Am. 12). Emoluments other than salary pro- hibited (Art. 2, § 1, cl. 6). Execution of laws (Art. 2, § 3). Executive power vested in (Art. 2, § 1, cl. 1). Impeachment, grounds (Art. 2, § 4). LaWs, execution (Art. 2, § 3). Ministers, reception (Art. 2, § 3). Oath of office (Art. 2, § 1, cl. 7). Officers of United States, commission- ing (Art. 2, § 3). Opinions of Department heads, requir– ing (Art. 2, § 2, cl. 1). Pardoning power (Art. 2, § 2, cl. 1). GENERAL INDEX IPage 2043] [References are to sections, except where otherwise indicated.] CONSTITUTION OF UNITED STATES (Cont'd) President (Cont'd) Powers, opinions from Department heads (Art. 2, § 2, cl. 1). Pardons and reprieves (Art. 2, § 2, cl. 1). Recess appointments (Art. 2, § 2, l Cl. 3 }. Treaties (Art. 2, § 2, cl. 2). Vacancies, temporary appoint- ments (Art. 2, § 2, cl. 3). Qualifications (Art. 2, § 1, cl. 4). Removal from office, etc., Vice Presi- dent, etc., to discharge duties (Art. 2, § 1, cl. 5). appointments (Art. 2, § 2, cl. 3). Salary (Art. 2, § 1, cl. 6). Term (Art. 2, § 1, cl. 1). Veto (Art. 1, § 7, cl. 2). Presidential electors, congressmen and officers of the United States ineligi- ble (Art. 2, § 1, cl. Number (Art. 2, § 1, cl. 2). Time of choosing and voting (Art. 2, - § 1, cl. 3). *. President of Senate, Vice President to be (Art. 1, § 3, cl. 4). Press, freedom of, abridgment prohibit- ed (Am. 1). Prince, office holder accepting present, title, etc., from (Art. 1, § 9, cl. 8). Prisoners, extradition (Art. 4, § 2, cl. 2). Private property, taking for public use without compensation prohibited (Am. 5). Privileges, abridgment by state prohibit- ed (Am. 14, § 1). Citizens entitled to (Art. 4, § 2, cl. 1). Property of United States, Congress’ ..power over (Art. 4, § 3, cl. 2) Public acts, full faith and credit in oth- er states (Art. 4, § 1). - Publication, receipts and expenditures of public money (Art. 1, § 9, cl. 7) Public debt of United States, (Aml. 14, § 4). Public money, publication, receipts and expenditures (Art. 1, § 9, cl. 7). Withdrawal from treasury, accounts, etc. (Art. 1, § 9, cl. 7). - Punishment, cruel and unusual prohibit- ed (Am. 8). Felonies on high seas (Art. 1, § 8, cl. 10) |validity Offenses against law of nations (Art. 1, § 8, cl. 10). Piracy (Art. 1, § 8, cl. 10). Treason (Art. 3, § 3, cl. 2). Qualifications, religious test prohibited (Art. 6, cl. 3). Quartering in houses, restric- Soldiers tions (Am. 3). Quorum, house of representatives, choos- ing president (Art. 2, § 1); (Am. 2). Majority in either house to constitute ordinarily (Art. 1, § 5, cl. 1). Senate, choosing vice president (Art. 2, § 1); (Am. 12). Ratification, amendments (Art. 5). Nine states necessary for establish- ment (Art. 7). . Rebellion, debts, validity (Am. 14, § 4). Habeas corpus, suspension of writ (Art. 1, § 9, cl. 2). Participation in after oath to support constitution, disability. (Am. 14, § 3). Recess appointments (Art. 2, § 2, cl. 3). Records, full faith and credit in other States (Art. 4, § 1). Redress of grievances, abridging right to petition for prohibited (Am. 1). Re-examination after jury trial, restric- tions (Am. 7) Regulating commerce, power of Congress (Art. 1, § 8, cl. 3). Religion, restrictions on laws (Am. 1). Fºº, test, to office prohibited (Art. , Cºl. te Removal of causes arising under, 1010. Republican form of government guiar- anteed to states (Art. 4, § 4). Reserved powers retained by states or people (Am. 10). Revenue bills, origin and amendments (Art. 1, § 7, cl. 1). Revenue regulations, port preferences for- bidden (Art. 1, § 9, cl. 6). - Rights, enumeration not to deny others Tetained by people (Am. 9). Slaves, CONSTATUTION OF UNITED STATES (Cont'd) Rules, captures, power of Congress (Art. 1, § 8, cl. 11). Government and regulation of land and naval forces (Art. 1, § 8, cl. 14). Salaries, judges (Art. 3, § 1). Justices of Supreme Court (Art. 3, § 1). Mºtºrs of Congress (Art. 1, § 6, Cl. 1). President (Art. 2, § 1, cl. 6). sººnes and seizures, restrictions (Am. 4). Second amendment. Securities, counterfeiting, power to pun- ish (Art. 1, § 8, cl. 6 Senate, adjournment, (Art. 1, § 5, cl. 4). Adjournment, power of less than quo- Tulm (Art. 1, § 5, cl. 1). Composition (Art. 1, § 3, cl. 1); (Am. t limitations upon 17). - Consent to appointments, ambassadors (Art. 2, § 2, cl. 2). Consuls (Art. 2, § 2, cl. 2). Ministers (Art. 2, § 2, cl. 2). Officers of United States (Art. 2, § 2, cl. 2). - Supreme Court Justices (Art. 2, § 2, cl. 2). Impeachment, judgment, extent and effect (Art. 1, § 3, cl. 7). Power to try (Art. 1, § 3, cl. 6). Journal (Art. 1, § 5, cl. 3). Entries in (Art. 1, § 7, cl. 2). Legislative power vested in (Art. 1, § 1 Members, compelling attendance (Art. 1, § 5, cl. 1). Election, qualifications of electors (Am... 17). Time, place and manner (Art. 1, § 3, cl. 1); (Art. 1, § 4, cl. 1); (Am. 17). Eligibility for other offices (Art. 1, § 6, cl. 2). Expulsion (Art. 1, § 5, cl. 2). Oath of office (Art. 6, Cl. 3). Presidential electors, ineligibility to act as (Art. 2, § 1, cl. 2). Privilege from arrest (Art. 1, § 6, cl. 1). . Punishment for disorderly behavior (ATt. 1, § 5, cl. 2). - Qualifications (Art. 1, § 3, cl. 3); (Art. 1, § 6, cl. 2); (Am. 14, § 3). Salaries (Art. 1, § 6, cl. 1). Speeches, etc., immunity from questioning (Art. 1, § 6, cl. 1). Term (Art. 1, § 3, cl. 1); (Am. 17). Vacancies, how filled (Art. 1, § 3, cl. 2); (Am... 17). Votes (Am. 17). Officers, choice (Art. 1, § 3, cl. 5). Powers, impeachment, trials (Art. 1, § 3, cI. 6). Judge of elections, returns and qualifications of members (Art. 1, § 5, cl. 1). - Members disciplining (Art. 1, § 5,. Cl. 2). President pro tempore, choice (Art. 1, § 3, cl. 5). Quorum, choosing vice president (Art. 2, § 1); (Am. 12). Majority to constitute (Art. 1, § 5, cl. 1). Recess, tºry appointments (Art. y , Cl. 3). Revenue bill, amendments by (Art. 1, § 7, cl. 1). Rules, establishment (Art. 1, § 5, C.I. 2). States not to be deprived of equal suffrage in without consent (Art. 5). Treaties, consent (Art. 2, § 2, cl. 2). Vice president, election (Art. 2, § 1); (Am. 12). Votes, each senator entitled to One (Art. 1, § 3, cl. 1). - Entry in Journal (Art. 1, § 5, cl. 3); (Art. 1, § 7, cl. 2). Vice President to have none un- IeSS gually divided (Art. 1, § 3, Cl. 4). . Seventeenth amendment. Seventh amendment. Sixteenth annendment. Sixth amendment. SIavery prohibited (Am. 13, § 1). l ºpe. surrender (Art. 4, § 2, Cl. o CONSTITUTION OF UNITED STATES : (Cont'd) Slaves (Cont'd) Limitation on Congressional (Art. 1, § 9, cl. 1). Payment for prohibited (Am. 14, § 4). Soldiers, quartering in houses, restric- tions (Am. 3). Speech, freedom of, abridgment prohibit- ed (Am. 1). - Standard of weights and measures, power of Congress to fix (Art. 1, § 8, cl. 5). States, admission (Art. 4, § 3, cl. 1). Cases in which a party, Supreme Court’s original jurisdiction (Art. 3, § 2, cl. 2). Consolidation, restrictions (Art. 4), § 3, cl. 1). Controversies in which a party, judi- cial power of United States (Art. 3, - § 2, cl. 1); (A.m. 11). Domestic violence, protection by Unit- ed States (Art. 4, § 4). . Exportations from, no tax or duty (Art. 1, § 9, Cl. 5). power Formation, conditions, etc. (Art. 4, § 3, cl. 1). Full faith and credit to public acts, etc., of other states (Art. 4, § 1) Import and export duties exceeding inspection costs prohibited (Art. 1, § 10, cl. 2). Invasion, protection by United States (Art. 4, § 4). - Members of legislature, oath of office (Art. 6, cl. 3). UNäficers, denying right to vote, reduc- ing representation in Congress (Am. 14, § 2). Oath of office (Art. 6, cl. 3). Qualifications (Am. 14, § 3). Port preferences forbidden (Art. 1, § 9, cl. 6). Powers, militia (Art. 1, § 8, cl. 16). Reserve powers (Am. 10). Prohibitions, a bridging privileges and immunities of citizens (AIm. 14, ). Agreements with other States or foreign powers (Art. 1, § 10, Cl. 3). Alliances (Art. 1, § 10, cl. 1). Assuming debts of confederacy (Am. 14, § 4). Bills of attainder (Art. 1, § 10, Cl. 1). Bills of credit (Art. 1, § 10, cl. 1). Coining money (Art. 1, § 10, cl. 1). Confederations (Art. 1, § 10, cl. 1). Due process, depriving of life, lib- erty or property without (Am. 14, 1. ). Equal protection of the laws, de- nial (Am... 14, § 1). Ex post facto laws (Art. 1, § 10, cl. 1). Impairing obligation of contracts (Art. 1, § 10, cl. 1) Import or export duties exceeding inspection cost (Art. 1, § 10, Cl. 2). Legal tender other than gold and silver (Art. 1, § 10, cl. 1). Letters of marque and reprisal (Art. 1, § 10, cl. 1). Privileges and immunities of citi- zens, abridgment (Am. 14, § 1). Ships of war, maintenance during peace (Art. 1, § 10, cl. 3). Suffrage, abridging , because of race, color, or previous condition of servitude (Am. 15, § 1). Titles of nobility (Art. 1, § 10, Cl. 1). Tonnage duties (Art. 1, § 10, cl. 3). Treaties (Art. 1, § 10, cl. 1). Troops, maintenance during peace (Art. 1, § 10, cl. 3). War, engagement in unless invad- ed or in danger (Art. 1, § 10, cl. 3). Representatives in Congress, reduc- tion for disqualifying citizens from voting (Am. 14, * Republican form of government guar- anteed to (Art. 4, § 4). Senate, not to be deprived of equal suffrage in without consent (Art. 5). Vessels, entry, clearance and duty payments not required (Art. 1, § 9, cl. 6 Suffrage, abridgment because of race, color, or previous condition of servitude prohibited (Am. 15, § 1). GENERAL INDEX - [Page 2044] [References are to sections, except where otherwise CONSTITUTION OF UNITED STATES (Cont'd) Suits against state, judicial power of United States not extended to (Am. 11). Supreme court, judicial power vested in (Art. 3, 1). Jurisdiction (Art. 3, § 2, cl. 2). Justiº jppointment (Art. 2, § 2, Cl. . Compensation (Art. 3, § 1) Supreme law, what constitutes cl. o - Surrender of escaping slaves (Art. 4, § (Art. 6, 2, cl. 3) Taxes, apportionment of capitation and other direct taxes (Art. 1, § 9, cl. 4). Congress may levy (Art. 1, § 8, cl. 1). Exportations from any state, prohibi- tion (Art. 1, § 9, cl. 5). Income tax, apportionment unneces- sary (Am. 16). - - Slave traffic, power of CongreSS pose (Art. 1, § 9, cl. 1). State duties on exports and imports, gº by Congress (Art. 1, § 10, cl. te - Tenth amendment. - Territories, applicable to, 3522. Congress’ power over (Art. 4, § 3, cl. 2). Third amendment. Thirteenth amendment. Title of nobility, acceptance by , office holder from foreign state (Art. 1, to im- § 9, cl. 8). Not granted by United States (Art. 1, § 9, cl. 8). States, prohibitions (Art. 1, § 10, cl. 1). Treason, attainder, limitation to life Of person attainted (Art. 3, § 3, cl. 2) Definition (Art. 3, § 3, cl. sº Extradition (Art. 4, § 2, cl. 2). Impeachment for (Art. 2, § 4), , , Proof or confession requifed (Art. 3, 3, cl. * Płºśnº, power of Congress to de- clare (Art. 3, § 3, cl. 2). Treasury, state duties and imposts paid into (Art. 1, § 10, cl. 2). & Withdrawing money, appropriations, necessity (Art. 1, § 9, cl. 7 Treaties, cases arising und power of United States extends to (Art. 3, § 2, cl. 1). Power to make (Art. 2, § 2, cl. 2). States, prohibition (Art. 1, § 10, cl. 1). Supremacy (Art. 6, cl. 2). Trial by jury, right to (Am. 7) Criminal cases (Art. 3, § (Am. 6). Tribunals inferior to Supreme Court, power to create (Art. 1, § 8, Cl. 9). Troops, maintenance Without consent of congress prohibited (Art. 1, § 10, cl. 3). Twelfth amendment, p. 1 Vii. 2, cl. 3); Uniformity, bankruptcy laws (Art. 1, § 8, cl. 4). - Duties, imposts and excises (Art. 1, Cl (Art. 1, § 8, Cl. - *Jnited States, guaranteeing states . Re- publican form of government (Art. 4, § 4). - Party to controversy, judicial extends to (Art. 3, § 2, cl. 1) Protecting states against, violence (Art. 4, § 4). Invasion (Art. 4, § 4). venue, criminal prosecutions (Am., 6). Vessels, entry, clearance and duties, states not to exact (Art. 1, § 9, cl. 6). Veto (Art. 1, § 7, cl. 2). Naturalization Tules power domestic Wrice President, discharging duties . Of President upon removal, etc. (Art. 2, § 1, cl. 5 ). Eléction (Art. 2, § 1, clis. 2, 3); (Am. 12). . Abridging right to vote for, re- duction in representation (Am. 14, § 2). Electors not to vote for candidates for both president and vice pres- ident from their state (Am. 12). Impeachment, grounds (Art. 2, § 4). President of Senate (Art. 1, § 3, cl. 4). Qualifications (Am. 12). Term (Art. 2, § 1, cl. 1). War, power of Congress to declare (Art. 1. 8, cl. 11). . 7). r, judicial. © CONSTITUTION (Cont'd) Warrants, searches and seizures, uisites (Am. 4) Weights and measures, fixing standard, power of Congress (Art. 1, § 8, cl. 5). Witnesses, confronting accused (Am. 6). Incrimination in criminal cases, Com- pelling prohibited (A.m. 5). - Obtaining in criminal cases (Am. 6). Writings, power of Congress to grant copyrights (Art. 1, § 8, cl. 8). Writs of error, re-examination after jury trial, restrictions (Am. 7). CONSTITUTIONS OF STATES Appeals and writs of error in cases in- volving validity, 1215, 1224, 1227 (4). CONSTRUCTION ANID REPAIR See Chief Constructors ; Naval Con- Structors. Department, see Navy Department. CONSTRUCTION CORPS Advancement of lower grades of Officers, 2701a. - - Navy, distribution of commissioned of- ficers to, 2483c-2483e. Number of commissioned officers, 2483b. Officers eligible for any shore duty com- patible with rank, 2606a. CONSTRUCTION OF WORDS See Words and Phºrases. CONSUMLAR, AGENTS See Consular Officers. CONSUILAR BUREAUS Chiefs, number, 290. Salaries, 290. CONSUILAR COURTS General provisions, relating to, 7633–7676. Accounts, rendition of, 433. Egypt, jurisdiction, 7670. Judicial authority of ministers and Con- suls of United States in certain for- eign countries, aid of local authori- ties invoked by, 7645. Appeals, security, 7662. To minister in civil cases, 7652. Agºliate jurisdiction of ministers, 7641. OF UNITED STATES req- Associates in, civil cases, 7652. Criminal trials, 7651. Reference to minister, 7651. Bail, bonds, 7662. - Capital cases, ministers to hear, 7640. Submission to president for par- don, 7648. Civil jurisdiction, 7635. Exercise and enforcement of, 7636. Consul defined, 7676. Contempt, punishment for, 7649. Costs, regulations as to, 7662. Countries having treaty relations with TJnited States, 7633. Crimes, insurrection, punishment of, 7647. Methods of punishment, 7646. Murder, punishment of, 7647. Rebellion, punishment of, 7647. Criminal jurisdiction, 7634. Exercise and enforcement of, 7636. Criminals, arraignment, 7637. Arrest, warrant for, 7637. Sentences, 7637. Trial, 7637. - Death sentences, execution of, 7648. Decisions, civil cases, 7652 Criminal cases, 7639. Appeal to minister, 7639. Enlistment of citizens of United States, prevention, 7640. Evidence, how taken, 7642. Fees, judicial services, etc., 7665. Regulations as to, 2. Final decision of consul sitting alone in criminal cases, 7650. Judicial duties to devolve on Secretary of State, when, 7674. - Jurisdiction, how exercised, 7690. Consuls to China, 7688. Ministers, appellate or when, 7654. Where exercised, 7653. Laws of United States extended to citizens of United States, 7636. Minister defined, 7676. Morocco, provisions relating to ex- tended to, 7673. Muscat, tended to, 7673. Neutrality laws, enforcement, 7640. original, provisions relating to ex- indicated.] CONSULAR COURTS (Cont'd) Judicial authority of ministers and Con- suls of United States in certain for- eign countries (Cont'd) New trials, 7641. - Persia, provision of title relating to extended to, 7672, Suits between subjects of Persia and citizens of United States tri- able before Persian Tribiſnal, when, 7672. - Process, authority to issue, 7634. oºrs and agents to execute, Rºlations as to issue and return, Rºjas, regulations as to keeping, Regulations for courts, force and ef- fect of, 7663. Ministers to make, 7662. Publication, 7663. Submission to consul, 7663. Tºmission to Secretary of State, Responsibility for official acts, 7655. Samoan or Navigator Islands, provi- sions relating to, extended to, 7673. Settlement of civil cases by agreement or reference, 7643. Awarººdsment and execution of, Settlement by return of, 7643 Decision, 7643. Form of submission, 7643. . Hearing, 7643. sºment of minor criminal cases, parties before Treaties with United States, provi- sions relating to extended to other countries making, 7675. - Tripoli, provision relating to extend— ed to, 7673. Tunis, provisions relating to extended to, 7673. Turkey, provisions relating to tended to, 7669. Witnesses, oaths, form of, 7662. Marshals, appointment, 7656. Awards and process against, 7661. Bonds, 7658. Suits on, 7659. Production of 7660. Execution and return of, process, 7657. Fees of marshal in China, appeals, 7694. Number, 7656. Salaries, 7656. - |United States court for China, 7694. Morocco, provisions relating to judicial hºrity of consuls, etc., extended to, 73. Muscat, provisions relating to judicial flºority of consuls, etc., extended to, Persia, suits between subjects of and citizens of United States triable before Persian tribunal when, 7672. Place of imprisonment of persons sen- tenced by, 10547. Prisons for American convicts in foreign countries, 7666–7668. Samoan or Navigator Islands, provisions relating to judicial authority of Con- suls, etc., extended to, 7673. Tripoli, provisions relating to judicial . authority of consuls, etc., extended to, 7673. eX- original bond, Tunis, provisions relating to judicial au- thority of consuls, etc., extended to, 7673. Turkey, jurisdiction, 7670. |Provisions relating to judicial au- ºw of consuls, etc., extended to, Turkish laws ceding rights to hold immovables, 7671. Uncivilized countries, criminal and civil jurisdiction, 7638. - TJnited States Court for China, acknowl- edgments, authentication, 7687. Aºustration Of estates of decedents, Appeals from, to circuit court of ap- peals for 9th circuit, 7689. Tºpreme court of United States, Appeals to from consular courts, 7688, Clerk, appointment, 7692. Bond, 7694. GENERAL INDEX CONSULAR COURTS (Cont'd) United States Court for China (Cont'd) Clerk (Cont'd) Deputies, appointment, 7694. Compensation, 7694. Salary, 7692. Term of office, 7693. Constables in, 7667. District attorney, appointment, 7692. Expenses, 7692. Salary, 7692. Term of office, 7693. Establishment, 7687. Fees of officers, 7695. Judge, appointment, 7692. - Expenses, 7692. Salary, 7692. Term of office, 7693. Judicial authority of consul-general at Shanghai transferred to Vice-Con- sul, 76.96a. - - Jurats, authentication, 7687. Jurisdiction, 7687. Amount in controversy, 7688. Cases relating to importation, transportation, etc., of opium, 8799. - How exercised, 7690. Marshal, appointment, 7692. Bond, 7694. Salary, 7692. Term of office, 7693. Procedure, modification, 7691. Process, authentication, 7687. Records, authentication, 7687. Seal, authentication of writs With, 7687. Design of, 7687. Expense of providing, 7687. Sessions, when and where held, 7687. Supervisory control over discharge of duties by consuls and vice-consuls, 7688. Transcripts, authentication, 7687. Writs, authentication, 7687. - Writs of error to, from Supreme Court of United States, 7689. CONSUILAR DISTRICTS China, regulation of practice of pharma- cy and sale of poisons, 76.96b-7696.n. CONSUILAR FEES See Consular Officers. CONSULAR OFFHCERS See Coºnºmercial Attachés ; Consula? Courts; Envoys Eactraordinary ; For- eign Diplomatic and Consular Offi- cers ; TVice-Coºm,77vercial Agents, TVice-Consuls-General. Correspondence by, on public affairs, forbidden, see Correspondence. Absence, from post, salary, 3200. Without leave, 3199. Accounts, Auditor’s examination, 420. Administrator, acceptance without bond or failure to account, 3166. Bond, 3.165. Estates of decedents in China, 7688. Agricultural and horticultural reports, 3167. Allowance for time of transit to and from posts, 3201. * Appointment, consuls (Const. art. 2, § 2, Cl. 2). Provided for by President, 3147. Army officers prohibited from being, 1994. Assignments of copyrights, acknowledged before, 9564. Awards, etc., enforcement, 1248. Bonds, 31:49, 3150. Stipulation not to transact business, 3151, 3152. Books from library of congress, 139. Buildings for, 3209. - Certificates, to accompany naval pay-mas- ter’s accounts, 6873. - Authority of foreign executor or ad- ministrator applying for patent, Indorsement of certificates of iden- tity of Chinese permitted to en- ter United States, 4293. Prohibited when, 3174. Merchandise shipped, from countries adjacent to United States not grant- ed when, 5545. Notice in proceedings to restore lost records, 1516 Voluntary emigration in China and Japan, etc., 4346. Chiefs of Consular Bureaus, 290. China, administration of estates of de- cedents in, 7688. IPage 20451 [References are to sections, except where otherwise CONSURLAR OFFICERS (Cont'd) China (Cont'd) Regulation of practice of pharmacy, Sale of poisons in consular districts, 7696b-7696.n. To give certificates of voluntary im- migration, 4348. - Chinese Exclusion Act, Operation of, 4314. Citizens, declaration of intention by chil- dren of citizens living abroad, re- Cording, 3963. Resumption of American citizenship by woman marrying foreigner, reg- istration, 3960. Resumption of foreign citizenship by foreign woman marrying a citizen, registration, 3961. Commercial agents, , grade abolished, 3140. commºa. attachés, appointment, etc., a. 854a, Appendix p. 1745. Commercial information to be procured and reported, 3167. Commercial statistics gathered by, 875. Compensation, additional, during war, - 32.12a. Diplomatic functions, 3197. - Extra compensation prohibited, 3202. Consular agents, allowance only for sta- tionery and postage, 3148. Appointment, 3140. Provided for by President, 3147. Arrest and commitment of foreign sea- men in case of dispute, 7629–7631. Compensation, 3186. Definition of term, 3116. Provisions applicable, 3137. To be citizens of United States when practicable, 3142a. Consular assistants, appointment, 3154. Examination and removal, 3158. Number, 3154, 3156, 3157. Qualifications, 3142. Salaries, 3155, 3155a. Consulate, documents allotted to, statutes at large, 7072. Fººt of country embraced within, Not to hold two, 3143. | Consuls, assignment to state department Without loss of grade, class or sal- ary, 3130a. Cases affecting, Supreme Court’s orig- al jurisdiction (Const. art. 3, § 2, cl. 2). Commissions to not to be to any par- ticular post, 3130a. - Defined, 3116, 7676. Grading and qualifications, 3130b. Judicial power of United States ex- tended to cases affecting (Const. art. 3, § 2, cl. 1). - Payment of expenses for subsistence when detailed for special duty out- side city of Washington, 3131a. President to assign to particular post and transfer from one post to 'an- other, 3130a. - Salary, classes, 3130b. To be citizens of United States when practicable, 3142a. - Consuls-General, arrest and commitment of foreign seamen in case of dis- pute, 7629-7631. ASSignment to state department with- out loss of grade, class of salary, 3130a. Cairo, salary, 3119. Title, 3120. Commissions not to be to any partic– ular post, 3130a. Constantinople, to be secretary of legation to Turkey, salary, 3125. Definition of term, 3116. - Pºles, appointment and tenure, excepted from Grading and qualifications, .3130b. Hayti and Liberia, to be ministers resident, 3129. At large, appointment and salary, 3141. Offenses and liabilities, 3141. Powers and duties, 3141. Limited to one office, 3143. Payment of expenses for subsistence When detailed outside City of Wash- ington, 3131a. President to assign to particular post and transfer from One post to an- Other, 31.30a. Provisions applicable, 3137. Salaries, classes, 3130b. Shanghai, judicial authority vested in vice consul, 76.96a. indicated.] CONSULAR OFFICERS (Cont'd) Consuls-General (Cont'd) SuspenS1On, 3141. Teheran, Persia, salary, 3118. To be citizens of the United States When practicable, 3142a. Copies of official documents, when evidence, 1509. Correspondence regarding public affairs prohibited, 3199. Damages for neglect of duty, 3193. Death abroad, administration of personal estate, 3.162-3164. Allowance to widow or heirs, 3210. Notice of death, 3.168. Declaration for merchandise imported for Sale attested by, 55.28. Definition of term, 3116. Depositions, 3211. Returned to, 1486. Deputy Consul, office abolished, 31.40a. Consul general, office abolished, 3140a. Destitute seamen at ports where there are no consular Officers, 8370. Diplomatic functions performed by, When, 3196. - Director of Consular Service, salary, 297. 297, Appendix p. 1737. - Estimates for consular service, 6697. Evidence to overcome presumption as to expatriation of naturalized citizens, 3959. Exports and imports to be reported, 3168. Extradition, authentication of copies of Warrants, etc., 10111, 10116. False certification by, 10238. Falsely assuming or pretending to be: 7678m, 10514a–105.14d. Fees, accounting, 3186, 3207. Administering oaths and granting cer- tificate in case of drawback, 5749. American vessels, 3176. Coin of the United States or its ex- change value to be used in payment, 206 etc., .* of, Copy to be annexed to clearance pa- pers of registered vessels, 7798. Embezzlement Of, 3192. Excessive fees, penalty for exacting, Punishment, 3.172. Exemptions of United States vessels touching at Canadian ports, 7817. Foreign coin used in payment in Can- ada, 3178. Invoice, certification of, 3187. Notarial acts, 3185. Penalty, failure to collect, 3180. Rates to be posted, 3189. Receipts, 3182. - Register of receipts for, 3183. Regulation by president, 3205. Reports as to, 306. Returns, 3181. Stamps for amount of, 3188. Statement of services performed for vessels without fee to be filed with the collector, 7803. Tonnage fees, vessels touching at Cal- nadian ports, 3178. Transcript of fee book, 3184. Verification of account, 3184. Guardian, acceptance without bond or failure to account, 3166. Bond, etc., 3165. Information from dispatches of for De- partment of Commerce, 292. - Inspectors, expenses, 3141a. Instruction of, 292. Interpreter, Bangkok, Siam, 3146. China and Japan, appointment and salaries, 3145. Invoices, certificate of, in addition to consignee's certificate, in certain cases of exportation, 5748. Change of destination of 5543. Destruction, 3173. Fraud reported by, 5547. Imported merchandise, 5521. Indorsed by, 5541. Not to be certified unless, etc., 3171. Proof exacted by, 5546. - Japan, to give certificate of voluntary immigration, 4348. Judicial authority of ministers and con- suls of U. S. in certain foreign couri- tries, 7633–7676. Lists of alien passengers, verification of, 4289%gg. Lists of seamen, vessels, thereof, 3161. Mandamus, jurisdiction of Supreme Court, 1211. - Marriages by, 7632. imports, etc., and return GENERAL INDEX IPage 2046] z [References are to sections, except where otherwise CONSULAR OFFICERS (Cont'd) Merchant seamen engaged in presence of, 8307. Minister defined, 7676. Naval officers, accepting appointment as, resigning naval office, 2612 Authority to exercise powers, 2603. Notarial acts, 3185. Oaths, etc., 3211. - Allegiance of expatriated citizens, 4352 (12). etc., admin- Applicants for patents, istered by, 6. Bankruptcy proceedings, administered by, 9603. * Office, estimates for rent and expenses, 6698. - - Bent, 3159. # - Pass-ports to citizens of United States, issuance, 7623–7628. Payment of postage on letters held in foreign Countries, 75.42. Penalty, false certificate of property, 3195. Neglect of duty to seamen, 3.194. Permanent appropriations for proceeds of personal estates of citizens dying abroad, 6799(3). - Presents, offices, titles, etc., acceptance prohibited, 3199. Principal officers, 3116. Privateer pension fund, two per cent for to be paid to, and deposited, etc., 9091, 9092. ... Protests and declarations of masters, pas- Sengers and seamen, 3160. Provisions applicable, 3137. Qºntine regulations posted in office of, 9158. Recommending others prohibited, 3199. Registry, Sea letter, etc., of United States vessel in foreign trade, deposit with on arrival at foreign port, 8055, 8056. Registry, vessels, provisional certificates of registry, 7709a. Regulations prescribed by President, 3212. Reorganization, 3.138. Reports, 306. Agricultural implements, 3169. Daily consular reports, printing dis- tribution, number of copies, 7122. Health conditions, 9159. • Partisan, etc., discussions excluded, Prices current, 3169. Sale by Department of Commerce, 863. Terms of measure, weight and money, 865. Retired officers of army, pay, 2065. Salaries, payable from allowance for principal officer, 3147. Reports as to, 306. Secretary or interpreter not to be paid to, 3144. Seamen, arrest and commitment of for- #. Seamen in case of dispute, 7629– Certificate of charges for inspection of vessel, 8351. Demand for list and shipping articles of vessel, 8366. Discharge extra wages not allowable, Penalty # neglect to collect wa- ges, * - Profit from discharged seamen for- bidden, 3177. Sale of vessel, wages, 8373. Unseaworthiness of vessel, 8350. Duty to discountenance insubordina- tion, 8382. Dying out of United States, disposal of Wages and effects, 8328, 8330. Examination of provisions, 8354, 3355. Proceedings where officers or seamen are accused, 8382. Sending incapacitated seamen to con- Sul for discharge, 8372. - sººnent of Seamen in foreign ports, Transportation of destitute seaman to United States, 8368–8370. - Wages, discharge on complaint of sea- man, 8374 To be in gold, 8337. Secretary of State, management of for- eign affairs by, 300. - Specification of powers not to exclude oth- ers, 3170 Statements of masters of vessels, delivered to, 31.15%g. : Stationery, etc., provided for, 3208. Statistics of imports required by, 5523. Subordinate officers, 3116. etc., for employment CONSULAR OFFICERS (Cont'd) Suits against, jurisdiction, 991(18), 1233(8). Jurisdiction of Supreme Court, 1210. Suits by, penalty for failure of vessel to deposit registry, sea letter, etc., on ar- rival at foreign port, 8056. - Supervisory control over discharge of du- }; of United States court for China, Suspension of consuls, 3141. Trade-marks, declaration for registration tº: ºne; "...º. before, 9487. ransaction o usiness by, forbid 5 3151—3153. y bidden Vessels, bill of health to vessel Clearing from foreign port granted by, 9157. Examination on complaint of seaman, 8348-8349. Papers retained made, 3.175. Stranded on foreign coast, 7984. United States, application of officers # renewal of license verified by, until payments are Registry, Sea letters, deposit with gº arrival at foreign port, 8055, 00. Vice-consul general, office abolished, 31.40a. Vice consuls, administration of estates Of decedents in China, 7688. Allowance only for Stationery and postage, 3148. Appointment and tenure, 3140. Provided for by President, 3147. Arrest and commitment of foreign sea- men, 7629-7631. Assuming charge of consular general or consulate, salary, 3131. A.Wards, etc., enforcement, 1248. Citizenship, 3142a. Compensation, 3186. Cº. of documents, etc., as evidence, Mandamus, jurisdiction of Supreme Court, 1211. Registry, sea-letters, etc., of United States’ vessels in foreign trade, de- posit With on arrival at foreign port, 8055, 8056. . |Shanghai, judicial authority of vice- consul general transferred to, 7696a. Suits against, jurisdiction, 1233(8). . Suits by, for penalties for failure to deposit registry, sea-letter, etc., on arrival at ‘foreign port, 8056. Wages, information respecting, 3168. CONSULAR REORGANIZATION ACTS See Consular Officers. Text of act, 3116, 3130a, 3130b-3131a, 3138, 3140-3142, 3151, 3152, 3185-3188. CONSUETING BOARD OF NAVAIL MHLHTHA See Militicſ. CONTAGIOUS AND INFECTIOUS DIS- EASES See Animals and 4?vimal Industry. Adjournment of Supreme, circuit, and dis- trict courts, because of, 9181. Aliens, employment on passenger vessels of aliens afflicted with, 428914ss. Medical treatment, 428914.j. Temporary detention and admission or deportation of wife or minor child of naturalized alien, 4289%l. Army, gratuitous clothing to soldiers and hospital attendants, 2180. Co-operation of Public Health Service and state boards to prevent introduction of, 9158. Customs officers removed to other ports in case of, 91.79. IIygienic laboratory to investigate, 9142. Immigration and importation suspended On account Of, 9162. Indians, hospitals, quarantine, 4125b. Marine hospitals admission of persons with, 91.95. 9195, Appendix p. 1798. Removals because of, office, cost reported to Congress, 3256. - Prisoners, 91.82. - Public offices from capitol, 9180. Seaman afflicted with, not to be transport- ed home, 8369. Social hygiene, 9188% (a)-918814(h), Ap- pendix p. 1797. Vessels from foreign ports affected with to ºf subject to State quarantine laws, Inspection at quarantine, 9160. CONTAINHERS See Weights and Measures. indicated.] CONTEMPT Consular courts, punishment, 7649. Court of Claims, 1148. Court of inquiry, Navy, 3028. Courts-martial, 2308a, art. 32. - Disobedience to subpoena, board to de- termine compensation of federal Con- trolled transportation System, 31.15% c. Federal Trade Commission hearings, 8836i. - Immigration inspectors, 4289%i. Patent cases, 9453. Subpoena duces tecum under a de- dimus potestatem, 1480. To testify before commissioner to take deposition, 1479–1481. To testify before Interstate Com- merce Commission, 8576. War risk insurance cases, 514kkkk. Garnishee, failure of persons summoned to appear, 1563. . § Injunction, infringement, copyright, 9557. Infringement, trade-mark, 9505. Liquor nuisance, 3643kk. Limitations, 1245e. Naval officer, punishment, 2969(6, 7). Navy, courts-martial, 3010. Offense, act not to relate to contempts .* committed in presence of court, 1245d. & tº Act not to relate to contempts in suits by United States, 1245d. Attachment, 1245b. of person in lieu of rule to show cause, 1245b. Bail, 1245b. Ón writ of error, 1245C.. * . . e. Civil proceeding not to bar criminal Bºeº, *:::: Error, writ of, C. e Hºvidence to be preserved by bill of ex- ceptions, 1245c. & e g = Fº or imprisonment, disposition of fine, term of imprisonment, 1245b. Pending case not affected by act, *iure. 125a g . r O CeClüI’e, & ; to rule to show cause, 1245b. Ruie to show cause, 1245b. Stay of proceedings on Writ of error, 1245c. Writ of error, 1245c. e Patent cases, disobedience to subpoena, A tº Q p: to punish, courts of United States, 45. stay of proceedings, - * & h– ince of court, act relating to pºº Pº of contempt as offense not to re- late º tºº, uptcy, 9625 In Oa, Ill&T 3. * §: ºlº, º appear or pro- duce evidence as to, e Witnesses, failure to Qbey sº º appear before collector of interna. nue, 5898. e Uiº letters rogatory, for taking of testimony for use in foreign Coun- try, 7621. . CONTESTED ELECTIONS ... See House of Representatives. Members of House of Representatives, 161– 7. CONTIGUOUS COUNTRIES See British Provinces ; Caºda ; ico, Northeasterºv, Northern, Northwesterm. Frontiers. Aliens applying for admission from Or through, 4289%mm. & $ Certificates of merchandise shipped from, not granted by consular officers When, 5545. º, H. H. of duties on imports, 5807-5841. Sºaº in rules and contracts. for entry and inspection of aliens from contiguous countries, 4289%mm. . Quarantine regulations for vessels trade with, 9157. CONTINGENT ESTATES Income tax, 6336bſbl. CONTHNGENT FEES - Prohibited in refund of customs duties, paid under protest, 5595. CONTINGENT FUNDS AND EXPENSES See Appropriations. Apportionment of appropriations for, 6778. Congress, deposit of contracts with audi- tors not required, 6894. Restriction on use of appropriations for personal services, 6780. Meſº- a?vd. in GENERAL INDEX IPage 20471 [References are to sections, except where otherwise CONTINGENT FUNDS AND EXPENSES (Cont'd) Costs in Supreme Court on appeal, etc., by United States, to be paid out of, how and when, 1661. Court of Claims, 1133. Department of Justice, report of, 561. Executive departments, reports of expen- ditures of, 275, 276. Expenditures, newspapers, etc., 3263. House of Representatives, monuments to deceased members, 55. . Payments from, 110. periodicals, Compensation of clerks to mem- bers, 75. Who are chairmen of commit- tees, 76. Vouchers, 109–111. Report of expenditures from, 84, 85. Independent Treasury, report of expend- itures, 276. Interior department, payment of expens- es relative to pensions, 9096. - Lºons and Consulates, stationery, etc., Military academy, 2279, 2280. - Mint, cost of transfer of bullion paid from, 6524. Navy department, limitations upon ex- penditures, 654, 655. Patent-Office, statement of expenditures, 58. Restrictions on, purchase from, 6784. Use of appropriation for, 6783. Senate, disbursements from, 80. . Monuments to deceased members, 55. Payments from, vouchers, 109 Repeal of resolutions authorizing pay- ments from, 109a. Report of expenditures from by Sec- retary of Senate, 84, 85 Vouchers of chairmen of committees, for expenses of, 108. State department, statement of expendi- tures from, 307. Supreme court reporter, 1202. Treasury department, 373. Appropriations for bureau of engrav- ing and printing not to be used for, Fºrt of expenses for furniture, etc., 397. War Department, expenditures for. CONTINUANCE Accountable for public money, suits against Officers, 1595. Bond for recovery of customs duties, suit on, 1598. Causes on vacancies in office of district judge, 989. Courts-martial in army, 2308a, art. 20. Debentures, suits against officers on, 1597. District court in Maine, 1070g. - Executor or administrator being made party to pending suit, 1592. Fºlosure of miner’s lien in Alaska, 064. Internal revenue laws, ficers under, 5954. Overruling demurrer to information, 1692. Postal laws, suits against officers arising under, 1596. CONTRABAND OF WAR, Purchase for Navy without advertising, etc., 6869. CONTRACT IMPAIRMENTS See Constitution of United States. CONTRACT LABOR. See Cooly Trade ; I’m migration. Contracts for, invalid, 4245. Exclusion of aliens from United States, annual statement of 3 º suits against of- indictment Or 428914 b. Advertisement, etc., promising em- ployment, 428914cc. Assisting, etc., importation, etc., 428914c. Deportation, expenses of, 428914]{. Detail of persons for enforcement of act, 4289%oo. Jurisdiction of suits under contract-la- bor laws, 991(22). . Laws administered by Commissioner Gen- eral of Immigration, 955. Officer enforcing laws against, detailed for duty at Washington, Je A Pºles. payment of share to informer, United States prisoners prohibited, pen- alty, 10524, 10525. CONTRACT LABOR LAW See Contract Labor. CONTRACTORS Postal Service, liberty loan bonds in lieu of other bonds, 7193a, Appendix p. 1785. Use of vessels , subject to same penalties for violation of regulations as own- ers, 82.75. - CONTRACTS See Contract Labor; Indian Affairs; Indian Lands; Indians; Postal Sup- glies ; Public Contracts; Public Works ; , and title of particular sub- ject matter or contracting party. Advertisements for bids, etc., see Ald- ºvertisements. Bids, proposals, etc., cownterfeiting, see Contºvterfeiting. , * Carrying the mail, see Mails. Paper for government printing office, see Government Printing Office. Carriers, competing not to enter into pooling agreements, 8567. Limiting liability for injuries to em- ployés, 8661. - To prevent continuous carriage of gºsht to destination prohibited, 71. Construction, in equivalents of metric system, 8899. - W. payable in pounds Sterling, Cooly labor, invalid, 4350. With coolies involuntarily transport- ed, 4349. Cotton futures tax, not enforceable if violating tax act, 6309m. State laws prohibiting unaffected by cotton futures tax, 63091. Department of agriculture, printed pack- ets for mailing seeds, bulbs, etc., 820a. Enemy or ally of enemy, 31.15%a-31.15% j. Enrollment of yachts and motor boats in naval coast defense reserve, 2900% e(2). Equal rights of all persons to make, 3925. Fees of attorney for prosecuting claims for pensions to be filed, form of, pen- alty, 91.15. Fishing, shares with fishermen on vessels engaged in cod, etc., fishing, 8147-8150. Foreign labor, validity, 4245. Homestead settlers in Alaska, 5046. Housing of war-industry employés, 31.15%a, 31.15%g. Impairment of obligation, Philippines, prohibited, 3810. Porto Rico, prohibited, 3803a.a. States, prohibited (Const. art. 1, § 10, cl. 1). Interest of government agents Or em- ployés under food conservation act, 31.15%f. g - Interstate Commerce Commission, pro- duction not excused because of ten- dency to criminate, limitation upon use of as evidence in criminal proceedings, 8577 National banks may make, 9661. Pensions, by attorneys and claim agents invalid, 9065, 9066, 9067a. Personal labor, Hawaii, 3652. Persons in military service, fines Or pen- alties for nonperformance, 3078%.co. Stay of action, 30.78% co. Transfer, etc., to take advantage of act for protection of persons in, 3078%qq. g Postal sub-stations, 7280a. Printing, department of agriculture, 820a. Privileges at immigrant stations, 4289% pp. Public land sales, to pay premiums OVer price paid by purchasers at Void, 4781. . Discovery of agreements to pay premium by bill in equity, 4783. Recovery of premiums paid, 4782. Purchase of real or personal property, protection of persons in Imilitary or naval service, 3078%f. Sale of goods, conditioned that compet- itors’ goods shall not be used, unlaw- ful, 8835c. States for reclamation and settlement of lands donated by United States, 4685(3). Sub-letting duties of employés of House of Representatives, prohibited, 63, 66. Senate, prohibited, 63. Support and relief of aliens, 959. Traffic, copies to be filed, 8569. indicated.] CONTRACTS (Cont'd) United States securities, manufacture of distinctive paper for, 6553a. War Finance Corporation, 31.15%d. CONTRIBUTION e Co-owners of mining claims, 4620. CONTRIBUTIONS See Political Contributions. Co-operative work in forest investiga- tions, disposal, 5145. Deductions from income tax, 6336e[a]. Red Cross, by national banks, 9661a, 9661b. • . River and harbor improvements, accept- ance and return of excess, 9879. CONTRIBUTORY NEGLIGENCE Carriers’ employees, 8659. CONVENTIONS * See Postal Conventions ; Treaties. Arrest and imprisonment of deserting Seamen, abrogation, notice, 8382a–8382c. Bºsen United States and China, 4326– Constitutional (Const. art. 5). Defined as used in law relating to tele- graphs, 10096. - Indians, penalty for negotiation with, without consent of United States, 4100. Pamphlet copies as evidence, 7073. CONVERSION See E7%bezzlement. Obligations of allied foreign governments purchased by United States, 6829f, 6829.j, 6829.jj. Officers of common carriers, of moneys, property, etc., used in interstate corn- merce, 8602a. United States bonds, ing higher rate of 6829]; . War risk insurance into other forms, 514VTV. CONVEYANCES See Assignments : Homesteads ; In- dian Lands Stockbridge Mwnsee In- dians ; Transfers. into bonds bear- interest, 6829gg, Acknowledgment, by Indian agent, 4009. In Porto Rico, 3803x. In United States possessions, validity 3260, 3261. Comptroller of currency, 1496. Falsely certifying as to record, 10274. Forgery, 10193. : Having in possession, 10.194. Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. Investigation of explosions and fires On, 31.15%.jj. Land sold for nonpayment of internal revenue tax, 5919–5921. - - Low ground in Washington, D. C., 6945. Sale of estate of delinquent collector of internal revenue, 5941. Acknowledgment, etc., 5942. Under distress warrant, 6630. Successor of marshal dying, etc., 1643. Town site trustees in Oklahoma, 5035. Vacated town sites in Oklahoma, 5039. Vessels, fees for recording, 8137, 8138. Recording, 7778-7781. CON VICTION Alien immigrants excluded, 4289%b. Deportation, 4289%jj. Army officers dropped for, 2002. Enlistment of convicted persons in army, 1886, 2311. Not to work corruption of blood or for- feiture of estate, 10498. Seamen, entry in log-book, 8036. as evidence, Soldiers, excluded from Soldiers’ Home, 92.26. CON VICTS See Conviction ; Parole ; Prisoners. CONWOY Negligence of duty in naval Service, 2969 (12). CQOKS Army, enlistment of, 2005. Number, 2005a. Pay, 2144, 2144a. 2144a, Appendix p. 1759. Superintendence of, 2006. Aviation section, 1867c. Cavalry, 1718. Coast artillery company, 1732. Number, 1731a. Corps of Engineers, 1842, 1842a. 1842a, Appendix p. 1748. GENERAL INDEX [Page 2048] IReferences are to sections, except where otherwise COOKS (Cont'd) Engineer detachment, military academy, 2274. Field artillery, 1736a. Infantry regiment, 1738a. Marine Corps, pay, 2931. Medical department, 1829a. 1829a, Appendix p. 1747. Medical department to superintend, 1837. Miners’ liens in Alaska, 5059. Quartermaster Corps, 1780. Numbers, 1784, 1788b. Pay and allowances, 1788b. Recruit and prison companies, 2011. Service schools, 2017. Signal Corps, 1860. .. g United States disciplinary guard, extra duty pay, 2161a. COOLY TRADE - Certificate by consular officer as to ab- sence of contract for immoral purposes, 4348. Contracts, to supply cooly labor, punish- able, 4350. With coolies involuntarily transported, 4349. +. Lisposal of vessel found so engaged, 4347. Examination of vessels suspected, 4347. Fines, contracts to supply cooly labor, Engaged in, 4345. Forfeiture of vessel, 4343. Inquiry and certificate by consular officers as to voluntary immigration from Orien- tal countries, 4348. Involuntary transportation of Chinese, etc., 4349. Offenses, contracts to supply cooly labor, barracks etc., employed in, 4350. - Involuntary transportation of Chinese, etc., 4349. Penalty, building, etc., vessel for the, 4344. Receiving or transporting coolies, Vessels not to be built, etc., for, Voluntary immigration from Oriental countries, not affected, 4346. Inquiry and certificate by consular of— ficers, 4348. COOILY TRAKDE PROHHBITION ACT See Contract Labor; Cooly Trade. I'm migration of aliens in general, see Innºnigratio?v. - Text of act, 4342-4347. CO-OPERATIVE AGREEMENTS State and federal government for con- struction of trails and roads in nation- al forests, 5150a. CO-OPERATIVE BANKS Income tax, exemptions. When operated without profit, 6336kſa]. 6COOSA .R.HVER, Alabama, free of tolls, except, etc., 9836. (C60)}{PHES - Public doc?!?!? ents and reports, Public Priºvting and JBinding. Appointment of inspector of fuel in Dis- trict of Columbia, 6839. Auditor for Post Office Department, pa- pers in, 1502. Authentication under full faith and cred- it clause, 1519. Award, etc., to be furnished parties to ar- bitration between carrier and employés, 8672(1). . Bankruptcy proceedings, effect as evi- dence, 9605 - Bonds, contracts, etc., annexed to Treas- ury transcripts, 1498–1500. Certificates, inspection of salted pork or bacon for export, 8683. Meat inspection, 8681(16). Charges on court-martial, 2308a, art. 70. Claims, laws, decisions, etc., in Patent- Office, 752. Commissioner of land books, records, etc., furnish, 708–711. Comptroller of the Currency, books, rec- ords, papers, etc., in office of, 1496. Consuls, books, records, papers, etc., of, 509 4345. S636 general papers, office, duty to Contracts, carrying mail, delivered to Au- ditor, 5.93 Commissioner Of Indian Affairs to fur- Inish auditor of war department, 4043. Court-martial proceedings, 2308a, art. 111. Department of agriculture, sale of card index of literature, 830a. Executive departments, books, records, papers, etc., in, 1494. Counterfeiting dies COPIES (Cont'd) Extradition of foreign fugitives from jus- tice, papers for, authentication, 10111, 10 ë Foreign records relating to land-title in United States, authentication of, 1521. General land office, books, records, pa- pers, etc., 1504. Files and records, 706, 709. TJse in evidence, 709. Geological Survey publications, maps, etc., 778–782. Indictment and list of jurors and witness- es to be delivered to prisoners in capi- tal cases, 1699. Interior Department, books, records, pa- pers, etc., 676-678. Files affecting land titles, 708. Returns, 1501. Inventory of property taken under search warrant, 10496% n. - Journals of Senate or House, 1508. Fees for, 97. For library of Congress, 146, 147. Legislative acts and judicial proceedings of States, how authenticated, 1519. Organization certificate of bank, 1497. Patent Office, books, records, papers, etc., § t Documents, etc., 752–758. Specifications and drawings, 753–757. Patents, exchange of with Dominion of Canada, 757a. Photolithographic copies of township plats or diagrams, fees for, 711, 712. Price, 711, 712. . Postmaster’s return, 1502. Pºonce Department, authentication of, Power of attorney to agent of surety com- pany, 3294. Printed, of specification and drawings of Datents for gratuitous distribution, 1507. Process for arrest of offenders against United States and recognizances of wit– nesses, when to be returned, 1674. Protests and declarations received by con- Sular officers, 3160. Public contracts, etc., filed in returns of- fice, 6895. Public documents, etc., in office of com— missioner of Indian affairs admissible in evidence, 720. - Rºja on appeal or writ of error, 1653– Q'ſ . Records, bankruptcy proceedings, 9655. Certain district courts in North Caro- lina under act of 1872, 1511. Courts, lost or destroyed, 1513–1518. Offices not pertaining to courts, how authenticated, 1520. Registry of vessels, provisional certificate by consular officers to be furnished Commissioner of Navigation, 7709a. Returns, contracts filed in Returns Office of Interior Department, 764. Interior Department, 1501. Sales by department of agriculture o card index copies, 830a. Schedules, contracts, reports, etc., filed § Interstate Commerce Commission, Search warrants, 10496%l. Secretary of Interior, books, records, pa- pers, etc., duty to furnish, 708–711. Solicitor of the Treasury, books, records, papers, etc., in office of, 1495. Specifications for patents, certification and distribution, etc., of, 7093. Foreign letters-patent, 1506. Statement of postmaster or agent of, mailing letter of demand to delinquent T}ostmaster, 1503. Transcripts into new books of records of district courts in certain states, 1510– As evidence, 1510–1512. Treasury department books, records, pa- pers, etc., in office of, 1499. - United States statutes printed and evi- dence. thereof, 1522. Writ, warrant, or mittimus, commitment of prisoner to sheriff or jailer, 1694. Removal of prisoner from One district to another to be delivered to sheriff or jailer from whom taken and to whom delivered, 1695. COPPER, Customs duties on, 5291 (147). COPPER, COBINS for United States coins, 10339. indicated.] . - COPPER, COINS (Cont'd) Denomination, alloy, weight, fineness, 6458, 6459. Deviations allowed in, 6504. Inscriptions on, 6461. Making or uttering devices of minor coins, 10338. COPYISTS - Census office, additional, during census period, 918. Children’s Bureau, 966. Civil Service commission, punishment for violation of duties, 3276. Executive Department, employment, au- thority, 248. - Employment only as specifically ap- propriated for, 249, 250. Navy department, employment, appropri- ations, 615. COPYRIGHT ACT OF 1909 See Copyrights. Text of act, 9517–9524, 9530-9584. COPYRIGHT LAWS Judgments of circuit courts of appeals final, 1120. COPYRIGHT OFFICE Assignments recorded in, 9565. - Cº. of published works deposited in, Copy , of foreign book deposited in, for ad interim protection, 9542. Destruction of articles deposited, 9581. Disposition of articles deposited, 9580. Preservation of records, etc., 9568. Record books, 9575. And Works deposited, open to public inspection, 9579. Register of copyrights, Copyrights. Registration of certificates of copyrights at Panama-Pacific Exposition deposited in, 9525. Seal, 9573. COPYRIGHTS See Register of Copyrights. Acknowledgment of assignments in for- eign countries, 9564. Ad interim protection, book published abroad, 9542. Fººded to full copyright term, how, 5 see Register of 95.43. Affidavit of printing in United States to accompany copies deposited, 9537–9538. Alien authors entitled to benefit of copy- right, when, 95.24. All Writings of an author may be in- cluded, 9520. Appeals from supreme courts of Arizona and New Mexico, 1222. Assignments, 9563. Certificate of record, 9566. Name of assignee in notice of copy- right, 9567. Recording, 9565. Authors or proprietors entitled to, 9524. Right to prevent publication of un- published work not affected by, 9518. Catalogues and index, 9577. Distribution and sale, 9578. Certificate of registration, 9576. Classification of applications for, 9521. Compilations, etc., of other works, 9522. Component parts of copyrighted work protected by copyright of whole, 9519. Congress power (Const. art. 1, § 8, cl. 8). Copies of publications for Library of Congress, transmitted by mail, 95.35. Costs and attorneys’ fees in actions and suits, 9561. Full costs allowed in all recoveries, 613. Definition of terms, 9583. Deposit of copies of published work, 9533. Destruction of articles deposited, copy- right office, notice, 9581. Disposition of articles deposited in office, 9580. Duration, renewal, 9544–9545. Enemy or ally of enemy, 31.15% ee. Exclusive rights granted to owner of, 9517. Exhibits at Panama–Pacific Exposition, duration of protection, 9529. Infringement, 9526-9529. Fees, 9582. Teposits of , 9570, Finalty of decision of court of appeals District of Columbia, 1227. Foreign periodicals violating, 7307. Forfeitures, articles unlawfully imported, 9553. GENERAL INDEX [References are to sections, except where otherwise indicated.] COPYRIGHTS (Cont'd) - Government publications not to be copy- righted, 7020. Importation, article bearing false no- tice of copyright, or of periodical copies of copyrighted work, prohibit- ed, 9551–9552. - Copies not printed in United States prohibited, 9552. Infringement, deposit of copies prerequi- site to action for, 9533. Injunction and damages, 9546, 9557. Infringement by enemy, 31.15%ee , 8). Mechanical reproductions of musical compositions, 9517. Rules of procedure, 9546. Saving clause, 9584. Showing procedure of different reme- dies in one action, 9548. Transmission of copies of proceedings to another court for enforcement, 9558. Jurisdiction of actions, 9547, 9555. District courts, 99.1(7). Exclusive, 1233 (5). - Limitation of criminal proceedings, 9560. Maps, charts, etc., purchase of for Hy- drographic office, 7147. Mechanical reproductions works, 9517. Mortgages, 9563. Notice, effect of accidental omission, 9541. Form of, 9539. Place of application, 9540. Offenses, fraudulent notice or removal Of Inotice, 9550. - P&nowingly selling or importing article ºins false notice of copyright, 9550. Willful infringement, 9549. - Penalty for failure to deposit copies after demand, 9534. - Preservation of records, etc., 9568. Printing, etc., of books or periodicals to be done within United States, 9536. Prints and labels, registration, 9517a. Property in object distinct from copy- right, transfers, 9562. . Receipts for copies deposited, 9576. Record books and copies of work deposit- ed open to public inspection, 9579. Registration, Člaim and certificate, 9531. Panama-Pacific Exposition, 9525. Prints and labels, 9517a. Register, appointment, etc., 9531, 9569– 9572, 9574–9582. Renewal of copyrights existing when act became effective, 9545. Repeal, and saving clause, 9584. Report as to by librarian of congress, 133. Reproductions of government publications from plates sold to individuals not to be copyrighted, 7020. Royalties, 95.46. Rules for registration of claims, 95.74. Sale of copyrighted article lawfully ob- tained, not restricted, 9562. Secured by publication with notice, 9530. Trustee in bankruptcy, title of, 9654. Venue of actions, 9556. Works, not reproduced for sale, how ob- tained, 9532. Of public domain, etc., copyright, 9523. CORDIAFLS Internal revenue taa!, Spirits and Wines. CORN Importation of seeds adulterated or un- fit for seeding, 8744-8747. - CORPORAL PUNISHMENT Seamen, prohibited, 8391, CORÉPORALS Army, pay, 2144, 2144a. Aviation section, 1867c. Cavalry band, 1718. Coast artillery company, 1732. Corps of Engineers, 1842, 1842a. Engineer corps, 1842a. 1842a, Appendix p. 1748. Engineer detachment at military acad- emy, 2274. - Field artillery, 1736a. Infantry company, 1738, 1738a. Marine Corps, 2908, 2910–2913, 2918. Increase in number, 29.18a, 2918C. Medical department, 1829a. 1829a, Appendix p. 1747. Discharge upon own application, 1829a. 1829a, Appendix p. 1747. COMP.S.T.’18—129 of musical not subject to See Distilled [Page 20491 CORPORALS (Cont'd) Medical department (Cont'd) Pay, 2144a, Appendix p. 1759. Re-enlistment at previous 1829a. 1829a, Appendix p. 1747. Quartermaster Corps, 1780. Number, 1784, 1788b. Pay and allowances, 1788b. Recruit depots, 2012. Signal Corps, 1860. Troop of cavalry, 1718. United States disciplinary guard, extra duty pay, 2161a. CORPORATE SURETY ACT See Sureties. Text of act, 3923–3300. CORPORATIONS See Banks and Bankers ; Building and Loan Associations; Federal fee- Sºrvé Banks, Hawaii; Mercantile Companies; National Éanks , Rail- £940s; Red Cross Association ; Trust Qompanies ; Union Pacific, Railroad. Income taw, see Income Tag. Advances to by War Finance Corpora- tion; 31.15% ee. - Agents, grade, barracks . Criminal responsibility for ex- ports in time of war, 7678b. Aircraft production corporations, 3115*/328- 3.115"/32k, Appendix p. 1771. Alien enemies, 31.15%aa. American National Red Cross, 7697-7706. ''Association” includes, 8836%a. Bankruptcy, involuntary, 9588. Not to release liability of officers, etc., 9588. - - Bonds, internal revenue tax On, 63.18a. Internal revenue tax Ron, amount, - 6318h. - \ Capital Issues Committee, 31.15%kk- 31.15% nin. Certificates of indebtedness, internal reve- nue tax on, 63.18a, 6318h. Citizenship, proof of, under mineral land laws, 4616. Commissioner of, Supreme Court reports for, 1203. Common Carrier corporations liable for yºtions of acts regulating commerce, {}}ſ. Contempt by, attachment for sequestration of property, 1245b. - “Corporation” defined, 63.36%a. Debentures, internal revenue tax Oſl, pººl º - istrict of trial, under Anti-Tru D; f St laws, iVersion of waters of Niagara river, 9989.j, Appendix p. 1799. ga.Ta, y Dividends of, payable to individuals sub- Eği to º 6336a.[b]. In I’Oi Iment an icense of vessel by, 8059-8061. S OWned Excess profits tax, 6336%a-6336% o. Food and drugs, liability for ‘acts of of.- ficers, etc., 8728. Grain standards, acts of agents, etc., nºable to, 87.47%. Housing Of War-indust employés 31.15%gg. ry ployes, Income tax, 6336j-6336m, 6336xx-6336Zz. On individuals withholding tax at Source, , deductions and exemptions, how obtained, indemnity, 6336iſb]. Returns, 6336xx-633622. Insecticides, etc., liability for acts of of— ficers relating to, 8776. Interlocking directorates forbidden, ex- Ception, 8835)h. Internal revenue tax, annual return of property subject, 5896. º grants to, not to include minerals, Lease of coal lands in Alaska, 5078c-50786. License a.S Custom-house broker, 5550–5554. Lists of enemy or ally of enemy officers, directors, or stockholders, 31.15%d(a). Mining claims, applicants for to prove citizenship, how, 4616. National Trade Unions, 8908-8912. National Training School for Boys, 9394. National Training School for Girls, 9414. Officers, acts of deemed acts of corpora- tion under immigration laws, 4289 %tt. Criminal responsibility, diversion of waters at Niagara River, 9.989h. Entry or exit of aliens during War, 7.628g. CORPORATIONS (Cont'd) Officers (Cont'd) Criminal responsibility (Cont'd) Exports in time of war, 7678b. LOSS of life on vessels, 10455. Declaration on purchase of vessels, 8146r (4), Appendix p. 1790. Penalty for making false report of to- bacco statistics, 4423, 4424. Political contributions, punishment, 10251. Ownership of lands in District of Colum- bia, alien stockholders, 3499. - “Person’’ includes, 1, 3115*/16a, 3115/16d, 31.15% co, 31.15%p, 31.15%bb, 31.15%aa, 31.15%d, 4289%tt, 6336%a, 7628h, 8146t, # 8763, 8776, 88.18, 8830, 8849, 10096, 8146a, Appendix p. 1789. - Plant Quarantine Act, liability for acts of officers, etc., 1763. Political contributions, 10251. # Porto Rico, restrictions on powers, 3783. Proceedings by United States against debtors of, as garnishees, 1561–1563. Public lands in Hawaii not acquired by 3714. Purchase of lands in Alaska. for purpose of trade or manufacture, 5080-5091. Railways, 10055-10071. Registry of vessels owned by, 7709, 7715- 7717. Regulations affecting common carriers applicable to, 8563. Religious or charitable, restrictions on right to own land in territories, 3489. Removal of causes, actions for loss, dam- age, or delay of property transported by, 1010. Shareholders, names and addresses to be given on request for purpose of income ta.X, 6336C. speciºlºgise tax, amount, computation, a. Credit to corporation paying other form of tax, 5980a. Exemption, 5980a. Nonpayment a misdemeanor, 5980j. Records, statements and returns, 5980k. Rights and penalties accrued, saved by Underwood Tariff Act, 53.16. Stock, Capital Issues Committee, 31.15% kk–31.15%;nn. Internal revenue tax on 18a. Amount, 6318h. Offenses, punishment, 6318i, pendix p. 1779. Record of unstamped, 6318k, Ap- pendix p. 1780. Unstamped as evidence, 63.18.j, Ap pendix p. 1780. fine, issue of, Ap. Stamps, how attached, 6318h. Internal revenue tax on sales or transfers of, amount, 6318h. Exceptions, 6318h. Offenses, punishment, 6318h. 6318i, Appendix p. 1779. Record of unstamped, 6318k, Ap- pendix p. 1780. Stamps, how affixed, 6318h. Unstamped as evidence, 6318i, Ap- . . pendix p. 1780. Not to hold stock in other companies, exceptions, 8835g. tºy Corporations in Philippines, 3884. *…* War Finance Corporation, 31.15%aa. Reports of, 31.15%k. Subscription to stock by territories pro- hibited, 3481. Subsidiary corporations, Anti-Trust law, not to be forbidden, 8835g. Surety on bond, 3293–3301. Referees and trustees in bankruptcy, Taxation, property situated in, Crater Lake National Park, 5230a. Glacier Park, 5248a. - Mount Rainier National Park, 5227a. Territorial, 3478. - To perfect entry and acquire title to coal lands in Alaska, 5075. United States Shipping Board, power to form, 8146f. When a citizen under act, 8146a.a. 8146aa, Appendix p. 1789. Vessels º by, enrollment and license, Registry, 7709, 7715–7717. - Foreign built steamships, 7710. Voting proxies, internal revenue tax On, 63.18a, 6318h. 4 GENERAL INDEX [References - | COSTS (Cont'd) CORPORATIONS (Cont'd) War Finance Corporations, 31.15%a- 31.15%k. - COREPS - - See Enlisted Reserve Corps ; General | Staff Corps ; Marine Corps ; Pay Corps; Qwartermaster Corps ; Q war- terºnaster’s Department ; Signal Corps. CORPS OF ENGINEERS See Engineers. CORRESPONDENCE - - Criminal governments, 19169. Enemy, 2308a, art. 81. Federal controlled transportation tems, production, 31.15%.C. (CORRUPTHON OF BILOOD $Jonviction not to work, 10498. Treason, limitation to life of person at- tainted (Const. art. 3, § 3, cl. 2). CORRUPT PRACTICE Contributions to influence election members of Congress, 188–198. - COSTA RICA Minister to, 3128. COST OF PRODUCTION DIVISION Department of Commerce transferred to United States Tariff Commission, 5326ſ. COSTS See Fees. Adverse claim to mining claims, 4625. Anti-trust laws, proceedings under, 8835d. Bankruptcy proceedings, 9587. * Bill of, in favor of clerk, marshal, dis- trict attorney, or commissioner, how verified, etc., before taxed or allow- ed, 1625. Officers, witnesses, etc., where Costs recoverable by prevailing party, to be taxed, , etc., 1624. Bonds, consular officers, 3149, 3150. Consular officers, as administrator or guardian, 3.165. Marshal, 1308. - - Suits by seamen without, 1630a. Claimant of property seized to pay his own costs before possession given, On recovering instrument, etc., 1620. Collection of internal revenue taxes, by whom paid, 5938. To be charged against collector, 5942. Condemnation of, railroad right of Way through Indian land, 4138. Consolidation of actions to avoid, 1547. Consular courts, 7662. - Copyright actions and suits, 1613, 9561. Court of Claims, 1143. Court of Customs Appeals, 1182. Double, actions against officer making Seizure under customs laws, 1612. Respondent in error, 1671. SyS- Of Enforcement of Orders of Interstate Com- merce Commission for payment of mon- ey, 8584. .* Error or appeal bond, when given only for, 1660. Excess of, when to be satisfied by attor- ney, proctor, etc., 1623. Fººtion proceedings, payment, 101.15, 101.17. False claims against United States, 6414. Foreclosure of miners’ liens in Alaska, Porfeitures, failure of carrier to obey or- ders Of Interstate Commerce Commis- sion, 8584. Importation and sale of goods at less than foreign market value, 8836m. Not affected by provisions relating to sal- aries of district attorneys, etc., 1429. Offenses, Crater Lake National Park, 5230d. Glacier National Park, 52486. Hot Springs Reservation, 5270–5272. Mount Rainier National Park, 52276. Not Capital, to be paid by defendant, on conviction, at discretion, 1615. Yellowstone Park, 5.198. Patents, infringement suits, when not al- lowed in recoveries for infringement of part of, 1614. Payable from contingent fund of de- partment, when error Or appeal taken by United States, 1661. Plaintiff or libelant, etc., lowed to, 1609. Poor persons, 1626–1630. . Affidavit of poverty, 1626. Perjury, 1627. When not al- correspondence with foreign marshals, Imports, [Page. 20501 are to sections, except where otherwise i Poor persons (Cont'd) - Attorneys, assignment, 1629. Dismissal of suit, 1629. Judgment for costs, 1630. Process, issue and service, 1628. |United States not liable, 1630. Witnesses, attendance, 1628. Priñting record, Court of Claims, 1167. Supreme Court, 1231. - Prize cases, payment, 84.16, 8417. Security, 8415. Prosecution for fine, etc., to be paid by defendant, when, 1615. Qui tam actions, when informer liable for defendant’s, 1616. Respondent in error, 1671. Seamen may sue without prepayment of bond for, 1630a. 1630a, Appendix p. 1746. Security, not required on error or appeal taken by United States, or under di- rection of department, 1661. - Not required on writ of error in cap- ital cases, 1703. Prºdings in forma pauperis, 1626- Suits by seamen without, 1630a. sºres, etc., in customs revenue cases, 793. Seizure with probable cause, not allowed claimant in cases of, 1611. Several actions, etc., which might have been joined, 1618. Only one bill of to be paid district attorney, 1621. Several libels against vessel and cargo which might have been joined, 1619. Territorial courts, 3471. Indian trials, 3472. United States commissioners ixi, Crater #. National Park, disposition of, 1. Gºr National Park, disposition of, 2,481. Mt. Rainier National Park, disposi- tion of, 5227i. United States Shipping Board order, ac- tion to enforce, 81460. - United States, when not subject to, in suits for forfeiture, under internal-reve- nue laws, 1610. Witness fees in criminal cases, commissioner, 1622. Incurred in behalf of fendants, COTTON Collection of statistics, 4429. Absorbent cotton, 4434d. Census bureau to have division of cotton and tobacco statistics, 44.20a. Compilation of information concern- ing production, etc., of cotton in foreign countries, abstract of in- formation to be published, 4433. Cotton seed and products thereof, in- formation furnished to be COn- fidential, divulgence, punish- ment, 4434b. Limitation of costs, 4434a. Monthly statistics, 4434a. * Owners and officers of mills, etc., to furnish information, demand, notice, penalty, 4434c. Hull fibre consumed in manufacture of gun cotton, etc., 4434d Information to be used only for sta- tistical purposes, 4431. Linters, 4434d. Medicated cotton, 4434d. Owners and officers of cotton gin- neries, factories, etc., to furnish in- formation, demand, notice, penal- ty, 4432. - Raw and prepared cotton, 4434d. Repeal of laws, Waste, 4434d. What to be shown, monthly reports, publication, distribution, 4430. Division of cotton and tobacco statis- tics, bureau of census, 913a. appraisal, packages at value of best article, 5607. Mºtecturers. customs duties, 266). Reports, 825–827. Standards for grades, changes in, 6309.j. Establishment by Secretary of Ag- riculture, 6309.j, 8742. Forms, 63095. before indigent de- how paid, 1489. appraised 52910250- ndicated.] COTTON (Cont'd) Steam passenger vessels not to carry bal- ed gotton except on special license, Not to carry loose cotton, 8242. Penalties for violation, 8243. COTTON IFACTORIES United States Penitentiary at Atlanta, 10563a–105635, Appendix p. 1800. - COTTON-FUTURES AT TORNEYS Internal revenue service per diem in lieu of Subsistence, 5861a. COTTON-FUTURES TAX Agents, acts imputed to principal, 6309b. Appointment and compensation, 6309n. Application of other internal revenue laws, 6309m. - Appropriation for enforcement, 6309s. Bale of cotton, weight where contract is silent, 6309q. Coleº additional agents, etc., for, 5859b, Appendix p. 1778. Contracts, exempt, 6309e, 6309g, 6309|K. Fº: delivery, form and contents, O e Made prior to Sept. 1, 1916, not affect- ed, 6309t. Subject to, 6309c, 6309e, 6309g, 6309|K. Violating act nonenforceable, 6309m. Costs, for determining grade of cotton, payment, etc., 6309e. Disposition of, 6309s. Cotton above or below basis grade, ad- justment, 6309f. Definitions, 6309b. Effective date, 6309t. Findings of Secretary of Agriculture, admissibility as evidence, 6309e. Invalid in part, effect, 6309v. Off grade cotton, adjustment, 6309f. Other internal revenue laws made ap- plicable, 6309m. Partial invalidity, effect, 6309v. Payment, state laws prohibiting future delivery contracts, effect on, 63091. State taxes unaffected by, 63091. Penalties, violations of act, 63090, 6309p. Pending rights and liabilities under pre- vious act saved, 6309 u. Proceeds from furnishing cotton standard forms, disposition of, 6309s. - Publication of investigation results, 6309s. Rate of tax, 6309c. Records and returns by clearing houses, etc., 6309m. - Regulations, cancellation of stamps, 6309!. Enforcement of act, 6309e, 6309m. Repeal of previous act, 6309tu. Spot markets, designation and notice of, h. Mode of determining, 63091. What constitutes bona fide markets, 6309 h. Stamps, cancellation, 63091. Payment by, 63091. Standards for cotton grades, changes in, 6309.j. . : . Establishment, 6309.j Forms, 6309.j. Title of act, 6309a. Violations of act, penalties, 63090, 6309p. Witnesses, exemption from prosecution where incriminating testimony is given, 6309q. Incriminating testimony not to ex- cuse, 6309q. COTTON REPORTS ACT See Cotto%. Text of act, 826, 827. COTTON STATISTICS ACT See Cotton. - Text of act, 4429–4434. COTTON WASTE See Cotton. COUNCIL Expenses of, not to be paid unless au- thorized by law, 6782. COUNCHL OF NATIONAL DEFENSE See National Defense. COUNSEL See Attorney-General ; Special Counsel. COUNSET_0FS WSee Attorneys. Diplomatic officers, 3116. COUNTERCLAIM Bankruptcy proceedings, Attorneys ; 9652. GENERAL INDEX [Page 20511 [References are to sections, except where otherwise indicated.] COUNTERFEITING Affidavits, etc., 10192. Bids, etc., 10192. Bills of lading issued by interstate car- rier, penalty. 8604u. Boiler, iron or steel plate stamps, 8195. Borld's, etc., 10192. . War Finance Corporation, 31.15%j. Certificates, 10.193. - Citizenship, 10242. |Using, 10245. Customs entry, 10231. Indebtedness, 6824. Inspection of plants, 8762. Jigar stamps, 6207. Claims against United States, persons in military service, 2308a, art. 94(6). Persons in naval service, 2975(5). Coins, debasing by officers of mint, 10336. Dies, 10339. Foreign coin, 10340. Falsifying, mutilating or lightening, 10335. Gold or silver, 10333. Making or uttering coins resembling money, 10337. Minor coins, 10334. Congress, power to punish (Const. art. 1, §§ 8, cl. 6), p. xlix. Connecting parts of different bills, etc., 10332. Contracts, etc., 10192, 10193. Custom-house papers, 10240. Dealing in counterfeit securities, 10324. Deeds, etc., 10193. Dies, fermented liquors, 6153. Foreign coins, 10340. United States coins, 10339. Discharge from military or naval Serv- ice, 10242a. Employment of persons to suppress, 378a. Enrollment or license of vessel, 8130. Extradition for, of fugitives from foreign country, 10110. Federal farm loan bonds, etc., 9835W (2). Foreign bank notes, 10328. Coin, dies for, 10340. Postage stamps, 10390. Securities, 10326. Having in possession, 10330. Counterfeit plates, 10331. Uttering, 10327. Forfeiture of counterfeit obligations, Se- curities, etc., failure to deliver, 10342. Gold or silver coins or bars, 10333. Impressions of tools, implements, etc., taking, 10322. Instrument in relation to title to lands, mines, or minerals in California, 5117- 5119. - Land patents in California, 5117-5119. Letters patent, punishment, 10191. Mail locks or keys, 10361. Mails, matter relating to counterfeit mon- ey nonmailable, 7342. Using to promote fraud, 10385. Meat inspection, labels, etc., 8681(9), 8683, 8711. - Military bounty land warrants, 10241. Money orders, 10388. National bank notes, 103.19. Naturalization proceedings, papers in, 10244. Naval, military, or official pass, etc., 10240c, 10514a–105.14d. Notes of foreign banks, 10328. |Uttering, 10329. Numismatical and historical books, illus- trating, 10341. Obligations, of United States, 10318. Passes, official, etc., 10240c, 10514a–105.14d. Passports, 7628d. Permits to depart from or enter into United States, 7628e. Plates for printing notes, using without authority, etc., 10320. Playing card stamps, 6314. Possession, counterfeit foreign securities, Counterfeit plates of foreign securi- ties, 10331. False papers, 10.194. Unlawful possession of impressions of tools, etc., 10323. Postage stamps, 10389. Foreign, 10390. Power of attorney, etc., 10193. False demand on, 10.198. Public records, etc., 10192. Punishment, power of Congress (Const. art. 1, § 8, cl. 6). COUNTERFEHTING (Cont'd) Seals court, 10300. Executive departments, 10240b, 10514a–105.14d. Search warrant for suspected counterfeits, forfeiture of seized articles, 10343. Securities, 10318. Dealing in, 10324. - Foreign, counterfeit plates of, 10331. Having in possession, 10330. Uttering, 10327. Forfeiture, 10342. Ship’s papers, 10240. Silver coins or bars, 10333. Stamps, boiler, iron or steel plates, 8.195. Cigar, 6207. Fermented liquor, 6153. Playing cards, 6314. Postage, 10389. Foreign, 10390. Tºmitting counterfeited papers, 10192, 10193. United States notes, marking, 6568. Uttering, etc., counterfeited obligations, 21. etc., 10240a, Foreign securities, 10327. Notes of foreign banks, 10329. Warehouse licenses, penalty, 87.47% o. Weather forecasts or warnings, 10229. COUNTERSIGN - See Watch word. COUNTIES See Ha'vodº. Bonds, powers of federal reserve banks, 97.97 (2b). Co-operative agreement with United States, etc., construction of trails and roads in national forests, 51.50a. Officers, selective draft, 2044d. Opium, possession by officers not pre- sumptively unlawful, 6287n. Purchase by officers without written order, registration or payment of tax, 6287g, 6287h. Parish included in meaning of, 2. Rural post roads, appropriations for, 7477c, Taxatiº Philippine bonds by, prohibited, Property of War Finance Corpora- tion, 31.15%i. Taxes, deduction from income 6336eſal, 6336fſa], 6336/ſa, b]. Discharge in bankruptcy, 9601. Territorial, court expenses paid by, 3464. Creation, 3480. w Restrictions on indebtedness, 3483–3485. COUNTY COURTS Judges, town-site entries, 4791–4793. COUNTY SEATS Post offices at, 7271. Reservations of lands for, in Oklahoma, Territorial, location, 3479, 3480. COUPLERS See Aºttomatic Couplers. COUPON BONDS See United States Bonds. Tuplicate for lost, etc., 6817, 6818. Exchange of 2% bonds for outstanding 5, 4 or 3% bonds, 6825. National hanks to exchange for registered bonds, 9700. Panama Canal bonds, 6826, 6828. Postal savings depositors, 7589. Registered bonds may be exchanged for, 6821. COUPONS See United States Boºds. Counterfeiting, etc., 10317–10348. Included in phrase “obligation or other security of the United. States,” 10317. Income tax, withholding payment at source, 6336iſfj. Stamps for tax on spirits, unused to re- main attached to stub and of no value when detached, 6095. COURT COMMISSIONERS See Reference and Referees; States Commissioners. COURT HOUSES AND COURT ROOMS Circuit courts of appeals, 1119. Collectors as disbursing agents of moneys appropriated for construction, 6665. Control of by secretary of treasury, 6938. Court of customs appeals, 1183. District courts, 1051–1106. Mails to be carried to, 7459. Reports of number and cost, etc., 6940. Sales of land under order or decree to be held at court house, 1640. taxes, United COURT OF APPEALS FOR DISTRICT OF COLUMBIA Appeals and writs of error to Supreme Court of United States, 1227. From commissioner of patents, 9456. Determination and, effect, 9459. Notice and proceedings on, 9457, 9458 Trade-mark cases, 9494. From post office department order that second class matter be transported - by freight, 7502a. Associate justices, books from library of Congress, 142. - Supreme Court reports' for, 1203. Certiorari to, from Supreme Court, 1228. Chief justice, books from library of Con- gress, 142. Federal Reporter and digest for, 1206. Jurisdiction of trade-mark suits, 9502. COURT OF CH, ATMS, t See Court of Private Larid Claims. Judginents, see Judgments and De- C7°636 S. General provisions, 1127-1178. Accounts, Auditor’s examination, 420. Acknowledgments, authority to take, 1149. Act of June 16, 1874, 1164. Aliens, 1146. - Appeals, 1172. Indian cases, 1173. To Supreme Court, 1219, 1220. Assistant clerk, appointment, 1130. Oath, 1130. Removal, 1130. Salary, 1131. Attornº, General, appearance for defense, 7 Pleadings, evidence and decisions in pending suits furnished to executive departments or bureaus, 270. Report to Congress, 1174. Bailiff, appointment, 1130. Salary, 1131. Term of office, 1130. Books from library of Congress, 139. Chief clerk accounts, settlement, 1133. Appointment, 1130. Bond, 1132. Contingent fund, 1133. Oath, 1130. Removal, 1130. Reports to Congress, 1134. Salary, 1131. Chief justice appointment, salary, 1127. Requisitions for printing or binding by, 7172. Chief messenger, Salary, 1131. Clerks attorneys not to act as, 1250, 1251. Books from library of Congress, 139. Commissioner, appointment, 1148. Commissioners to take testimony, 1154. Fees, payment, 1162. Oath to witnesses, 1161. Concurrent jurisdiction, 991(20) Congressional Journals to be to, 7030. Contempt, 1148. Cost of printing record, 1167. Costs, 1143. Debtors to United States may have amount due ascertained, 1171. Decisiºns, followed by accounting officers, 1 appointment, 1130. distributed Number of judges concurring, 1129. Dºgº on accounts of disbursing officers 1138. Evidence, claims determined by executive departments or bureaus furnished to Attorney General, 270. Loyalty, 1152. Examination of claimant, 1157. Families of members of national guard drafted into Service of United States not entitled to sue in, 3052b. Federal Reporter and digest for, 1206. Forfeiture of claims for fraud, 1163. Government cases, conduct and argument of, 533, 536. Hours of labor, action for penalty with- held, 8921. Interest disallowed, 1168. Judges, appointment, 1127. Number, 1127. Concurring in decision, 1129. Oath, 1127. Quorum, 1129. Salaries, 1127. Supreme Court reports for, 1203. Term of office, 1127. GENERAL INDEX COURT OF CLAIMS (Cont'd) Júrisdiction, 1136. Barred claims, 1136a. £ivil war claims, 1136a. Claims against United States, 1136(1). Claims growing out of treaties exclud- ed, 1144. º Compensation for use of patents, by government, 942.92. Patents of enemy or ally of ene- my, 31.15% ee.(i). Compensation of federal transportation systems, Concurrent, 991 (20). Disbursing officers, 1136(3). Powers and procedure, infringement of patents by government, 9465. 9465, Appendix p. 1\"98. Railroad company may sue for price of freight, etc., withheld by Secre- tary of Treasury, 10068. Set-offs, 1136(2). Suit by railroads for moneys withheld by United States, 10068. controlled 31.15% c. Suit for price of coal from mines in. Alaska, 5076. Suit for transportation of property or troops, suit for, 10065. Limitation of six years, exceptions, 1147. Loyalty a jurisdictional fact, when, 1175. Members of Congress not to practice in court, 1135. New trial, on motion of, claimant, 1165. On motion of, United States, 1166. Oaths, authority to administer, 1149. Pending claims in other courts, 1145. Petition, dismissal, 1151. Requisites, 1150. Verification, 1150. Power to call on departments for infor- mation, 1155. Printing and binding for, certificate of ne- cessity, estimate of cost, requisition for, debiting Of cost, 7172. Procedure, cases transmitted by depart- ments, 1140. Proceeds of sales of abandoned property, 1153. Reference, of claims by, Congress, 1142. Of claims by, departments, 1139. Report, on claims referred by depart- ments, 1139. To Congress, 1178. 'Rules of practice, 1148. Seal, 1128. Session, 1129. Subpoenas for witnesses before commis- sioners, 1159. - Testimony, interrogatories, 1160. When not to be taken, 1156. Where taken, 1158. Witnesses, before commissioners, 1159. Cross-examination, 1160. Oath, 1161. Persons not disqualified because of color or interest, 1177. - Plaintiff as witness for government, 1177. COURT OF CUSTOMS APPEALS Judgments, see Judgments and De- G?"e€S. General provisions, 1179-1190. Always open for business, 1180. Appeals, application, 1189. Decisions final, 1189. Evidence, 1189. Jurisdiction, 1186, 1187. Record, 1189. Refund cases, 5715. Statement of errors, 1189. Statement of facts, 1189. Time for taking, 1189. Aºpriations, statement of expenditure, 776. Bailiffs, compensation, 1184, Calendar of cases, 1190. - Certificate of importance of case for pur- pose of review, 1186. - Certiorari, review of final judgments in * involving constitution or treaty, Clerk, appointment, 1182. Assistant clerk, appointment, 1183. Salary, 1183. Costs, 1182. Duties and powers, 1182. Fees, payment into treasury, 1182. Ineligible, as commissioner, master, etc., 1182. Salary, 1182. Court of record, 1185. Decision final, 1189. Number of judges concurring, 1179. Disposition of cause, 1185. - . Seg Bailiffs : Circuit Cowrts : [Page 2052] COURT (Cont'd) Establishment, 1179. Federal Reporter and digest for, 1206. Fees, 1182. Judges, appointment, 1179. Designation of circuit or judges, 1179. Expenses, 1180. Number, 1179. Number concurring in decision, 1179. Presiding judge, 1179. Quorum, 1179. Rank, 1179. Salaries, 1179. Supreme Court reports for, 1203. Vacancies, 1179. Marshal, appointment, 1181. Duties and powers, 1181. To provide rooms for holding court, OF CUSTOMS APPEALS district Purchase of books, stationery, etc., 1181. Salary, 1181. Messenger, appointment, 1183. Compensation, 1183, 1184. w Reports, printing and distribution, 1183. Review, 1185. *, Decisions of Board of General Ap- praisers, 1186. Rooms for holding court, 1184. Rules and regulations, 1185. Seal, form and style, 1185. Sessions, where held, 1180. Stenographic clerk, appointment, 1183. Expenses, 1180. Report, printing, 1183. Salaries, 1183. Stenographic reporter, appointment, 1183. Copies of decisions transmitted to Secretary of Treasury, 1183. Salary, 1183. Taking testimony, 1188. Transfers to, of pending cases, 1188. Underwood Tariff Act not to affect, 5316. Writs and process, form of, 1185. court of PRIVATE LAND CLAIMS Powers of, conferred on Commissioner of General Land Office, 87. COURTS Circuit Courts of Appeals : Circuit Judges ; Clerks of Cou'rts : Commerce Cowrt ; Consular Courts : Costs Court Houses and Court Rooms : Court of Appeals for District of Columbia ; Court of Claims : Cowrt of Customs Appeals; Court of Private Land Claims : Cowrts-Martial ; Cowrts of Bankruptcy Courts of Inquiry : Courts of United States ; Criers ; Deck Courts : District Attorneys ; District Coſwºrts : District Judges ; Equity ; Evidence ; Habeas Corpus ; Hawaii, Judges ; Judgments and Decrees ; Judicial Districts : Jury : Liºn/itatio??.S Marshals; Police Court; Supreme Cowrt of District of Colwºmbia ; Swpreme Cowrt of Unit- ‘ed States ; Swpreme Courts of Ter- ritories ; Terms of Courts ; Terri- tories ; United States Commissioners ; Vacation, Proceedings. Coſmºmissioner for Yellowstone Park, see Commissioners. Fees im, see Fees. Records of, see Records. Removal of causes from state cowºrts, See Req1, oval of Causes. State courts, see States. Authentication of proceedings under full faith and credit clause, 1519. Certificate for compensation of informers in customs cases, 5800. Concurrent jurisdiction of state and fed- eral courts of actions for injuries to carriers’ employees, 8662. District of Columbia, commitment to Na- gºal Training School for Boys, Commitment to National Training School for Girls, 9420. Contempt as offense, 1245a. International bureau of permanent court of arbitration, 7684. ** Jurisdiction, causes arising under act re- lating to registration of tax on opi- um, 6287h. National banks, suits for taking usu- ry, 97.59. Suits by trustees in bankruptcy, 9607. Porto Rico, 38034-3803uu. [References are to sections, except where otherwise indicated.] | Courts (Cont'd) Pre-emptions by counties for seats of jus- tice, 4869. Revenue-Cutter Service, 8459%b(60–62). Seals, forging or counterfeiting, 10300. Soldiers’ and sailors' civil relief, appli- Cations, where made, 3078%aaa. Standard time, 8907s. Virgin Islands, 39.24%b. C&OURTS-MARTIAL See Cowrts of Invgwāry. Army, 2308a, art. 12. Accused’s right to be represented by fºunsel of own selection, 2308a, art. Assistant judge advocates, appoint- ment, 2308a, art. 11 Powers, 2308a, art. 116. Withdrawal from closed sessions of court, 2308a, art. 30. Cadets at military academy, 2247. For hazing, 2248. Certificate of eligibility for promotion vacated by sentence, 1919. Challenges by prisoner, 2308a, art. 18. Classification, 2308a, art. 3. Contempts, 2308a, art. 32. Continuance, 2308a, art. 20. Copy of charges, 2308a, art. 70. . Depositions, 2308a, arts. 25, 26. Discharge and dismissal of officers, 2308a, arts. 44, 118. Evidence, 2308a, arts. 22–27. Proceedings of court-martial, 2308a, art. 27 General 'courts-martial, appointment and eligibility, 2308a, art. 8. Assistant judge advocates, appoint- ment, 2308a, art. 11. Composition, 2308a, arts. 4–7. Members, 2308a, art. 4. Officers triable by, 2308a, art. 16. Powers, 2308a, art. 12. Proceedings forwarded to Judge- Advocate-General, 2308a, art. 35. Interpreters, oath, 2308a, art. 19. Irregularity in proceedings, effect, 2308a, art. 37. Judge advocate, art. 11. Oath, 2308a, arts. 19, 114. Prosecutor and advisor of prisoner, 2308a, art. 17, Withdrawal from closed sessions, 2308a, art. 30. Judge advocate general, duties, 1778. To revise and record proceedings, 1777. Jurisdiction, concurrent with military commissions, etc., 2308a, art. 15. Effect of espionage act, 10212g. Limitation of time of proSecºltion, 2308a, art. 39. Marine and army officers associated on courts, 2308a, art. 4. Members, oath of, 2308a, art. 19. Necessity, 2308a, art. 104. Officers dismissed by president may demand trial, 2003. Order of voting, 2308a, art. 31. Penitentiaries, 2308a, art. 42. Prisoners standing mute, 2308a, art. 21. Procedure to be prescribed by presi-. dent, 2308a, art. 38. Punishment not to exceed limits pre- scribed by president, 2308a, art. 45. Rank of militia officers, 2308a, art. 119. Records, 2308a, arts. 33–36. Preservation of, 2308a, arts. 35, 36. Reporter, 2308a, arts. 19, 115. Restoration of dismissed officers, 2000. Retired officers, assignment to duty, 2078. Breach of articles of war, 2070. Retiring board, to have powers of, 2056. - appointment, 2308a, Sentence, approval and confirmation, - 2308a, arts. 46–48, 53. - Approval by officers ordering court, 2308a, arts. 46, 47. Confinement in disciplinary bar- racks, 2308a, art. 53, Appendix p. 1760. Confirmation, 2308a, arts. 46–53. Death sentence, 2308a, art. 48. Dismissal, 2308a, art. 48(b). Death sentence, confirmation, 2308a, art. 48. Execution, 2308a, art. 53, Appen- dix p. 1760. Flogging, branding, marking or #oons prohibited, 2308a, art. GENERAL INDEX IPage 20531 [References are to sections, except where otherwise COURTS-MARTIAL (Cont'd) Army. (Cont'd) Sentence (Cont'd) Fifton or mitigation, 50. Publication of officers dismissed from service, 2308a, art. 44. . . Remission, 2308a, arts. 52, 53, Ap- pendix p. 1760. Remission or mitigation of Sen- tence of summary courts, 2308a, art. 50. Soldiers not to be branded, mark- ed or tattooed, 2308a, art. 41. Suspension of, 2308a, arts. 51-53. 2308a, art. 52, Appendix p. 1760. Soldier holding certificate of eligibility for promotion, 1919. Special courts-martial, appointment and eligibility, 2308a, art. 9. Limit of punishment, 2308a, art. 13. Powers, 2308a, art. 13. stºgraphers, detail of enlisted men, 15. Summary courts-martial, appointment, 2308a, art. 10. Inquests, 2308a, art. 113. Limit of punishment, 2308a, art. 14. Powers, 2308a, art. 14. Reports of cases determined, 2308a, art. 36. Time of trial, 2308a, art. 70. Trials for same offense, 2308a, art. 40. Volunteer officers eligible for, 2026c. witnesses. attendance, 2308a, arts. 22, 3. - Depositions, 2308a, arts. 25, 26. Disobedience to subpoena, 2308a, art. 23. Examination, 2308a, arts. 113, 3015. Fees, 2308a, art. 23. Oath, 2308a, art. 19. Self-incrimination, 2308a, art. 24. Wrongs to soldiers, redress of, 2308a, art. 121. Defendant as witness, 1465. Interpreters, appointment, 2308a, art. 115. Militia, composition, 3049. Failure of officer or enlisted man to present himself for muster, 3078a (34). General courts-martial, 3049a. Convened by order of president or governor, etc., 3049b. Fines, forfeitures dishonorable dis- charge, reduction of rank, 3049b. Punishment, 3049b. Imprisonment in lieu of fine, 3049e. 2308a, art. National naval volunteers, trial by for || failure to obey call of United States, 3078b (3). Naval Imilitia, attachment, 3078a.(50). Classification, 3078a (39). Deck courts, imprisonment in lieu of fines, 3078a (48). Jurisdiction and 3078a (43). Place of holding, 3078a (44). Power to punish, fines, 3078a (47). Warrants for arrest, subpoenas, attachment, 3078a (50). Who may convene, 3078a.(42). procedure, etc., Dismissal or dishonorable dis- charge, approval, 3078a (49). Fines, collection of, 3078a.(52). Disposition of, 3078a (53). General courts-martial, composi- tion, 3078a (40). Imprisonment in lieu of fines, 3078a (48). Jurisdiction and procedure, 3078 a.(43) Place of holding, 3078a (44). Power to punish, fines, dishon- orable discharge, 3078a.(45). Warrants for arrest, subpoenas, attachments, 3078a,(50). Who may convene, 3078a (40). Imprisonment in lieu of fines, 3078 a.(48) Jurisdiction and procedure, 3078 43 a (43). Place of holding, 3078a (43). Process to be executed by civil of— ficers, 3078a (51). Service on When in Service of United States, 3078a (34). - Subpoenas, 3078a (50). Summary courts-martial, impris– onment in lieu of fines, 3078 a.(48). Jurisdiction 3078a (43). Place of holding, 3078a (44). and procedure, COURTS-MARTIAL (Cont'd) Militia (Cont'd) Naval militia (Cont'd) Summary courts-martial (Cont'd) Power to punish, fines, etc., 3078a.(46). Warrants for arrest, subpoenas, attachments, 3078a (50). Who may convene, 3078a.(41). Summary punishment without trial by, 3078a.(7). - Warrants for arrest, 3078a.(50). Sentence to be approved by governor, etc., 3049f. Special courts-martial, 3049a. Commanding officers may appoint, 3049c. Jurisdiction, exception of commis- sioned officers, 3049c. Punishment, 3049c. Summary courts-martial, 3049a. Commanding officers may appoint, 3049d. Jurisdiction to try enlisted men for breach of discipline, 3049d. Punishment, 3049d. VWarrants of arrest, process, execution of sentence, 3049.g. Navy, harges to be furnished to accused, § Commutation of rations of prisoners, 2887 b. Contempts, 3010. . - Court of inquiry proceedings as evi- dence, 3031. Deck courts, 3022. Officers of navy in marine corps may order, 2993a. Depositions, 3038. - Duty of officer arrested, 3012. Fºns. branding, etc., forbidden, 3018. General courts-martial, absence of members, 3014. Commandant of navy yard or sta- tion may order, 3006b. Commanding officeer of squadron division, etc., outside limits of TJnited States may order, 3006a. Constitution of, 3007. Convened by whom, 3006. Judge advocate, oaths, to administer, 3037. Oath of witness, 3009. Oaths of members and judge advo- cate, 3008. Remission or mitigation of sen- tence, 3024. *.* Suspension of proceedings, 3013. YWitnesses, failure to appear or tes- tify, Fees, 3036. Mileage, 3036. Self-incrimination, 3036. Irons, use restricted, 3017. Judgment, authentication, 3021. Jurisdiction, effect of espionage act, 10212g. Limitation of trials for offenses, 3032, authority 033. Midshipmen, 2741. Hazing, 2742-2748. Misconduct of naval officers, 2635. Naval academy, professors and officers for neglect of duty, 2748. - Oath of witness, 3009. Oaths, administration of, 3037. Offense relating to selective draft, 2044f. Offenses punishable at discretion of, 2969 - Officers of Naval Reserve Force, etc., may serve on, 2988a. Precedence of line and staff officers on, 2683. - Process for, 3035. & Prosecutions for perjury or suborna- tion of perjury committed on exami- nations before, 1689. Punishment, offenses in time of peace, discretion, 3034. Recommendation to clemency, 3020. Record, etc., of proceedings by judge advocate general of navy, 612. * Retired officers subject to, , 2639. Seamen’s savings not subject to for- feiture, 2874. Sentence, confirmation, 3023. How determined, 3019. Dismissal, as disqualification to hold office, 2613. Imprisonment in penitentiary, 2968. Remission or mitigation, 3024, 3025. indicated.] COURTS-MARTIAL (Cont'd) Navy (Cont'd) Summary courts-martial, 2994. Approval of Sentence by officer or- dering court and by immediate Superior in command, 3022a. Commānding officer of brigade, etc., may order, 2994a. Commanding officer of naval hospi- tal or hospital ship may order, 2994a. Composition, 2995. Disrating for incompetency, 2999. Execution of sentence, 3000. °; of members and recorder, Procedure, 3002. Punishments by, 2998, 3003. Records, 3002. Remission of sentence, 3001. Rules, 3002. Sentence, approval, 3022. Testimony, 2997. Suspension of pay by sentence, 3016. Witnesses, examination, 3015. Failure to appear or testify, 3036. Fees and mileage, 3036. Oath, 3009. Process for, 3035. Self-incrimination, 3036. Process to be executed by in certain ca.S- es, 3049.g. - COURTS OF APPEARLS - See Circuit Cowrts of Appeal : Court of 4 ppeals for District of Colu/ºvbia ; Court of Custo 171s Appeals. Judges, warrants for arrest of fugitives of foreign countries issued by, 10110. Records, copies, 1198. - COURTS OF BANEKRUPTCY See Bank ruptcy. Appointment, removal, 961 Defined, 9585. Depositories for money of estates desig- nated by, 9645. Designation, 9586. Rºses of administration allowed by, 9646. Jurisdiction and powers, 9586, 9602-9616. Newspapers for publication of notices des- ignated by, 96.12. - Proof and allowance of claims, 9641. Records of referees, part of court records, etc., of referees, Referees’ bonds approved by, 9634. Transfer of cases, 96.16. - Unclaimed dividends distributed by, 9650. COURTS OF INQUIRY See Courts-Martial. Army, 2308a, arts. 97-103. - Accused’s right to be represented by fºunsel of own selection, 2308a, art. Ajeº gation of proceedings, 2308a, a.Tº. * Challenges, 2308a, art. 99. - Infºpreters, appointments, 2308a, art. Judge Advocate General to revise and record proceedings, 1777. Members, 2308a, art. 98. Oaths, 2308a, arts. 100, 114. Opinion by, 2308a, art. 102. Order for, 2308a, art. 97. - Proceedings as evidence, 2308a, art. 27. Procedure prescribed by president. 2308a, art. 38. Recorder, oath, 2308a, art. 100. Rºd officers, assignment to duty, Retiring board to have powers of, 2056. Stenographers, detail from army, 2015. Volunteer officers eligible for, 2026c. Witnesses. 2308a, art. 101. Defendant as witness, 1465. Fees of marshals, 1386. Naval militia, how constituted, 3078a (54). Who may convene, 3078a (54). Navy, authentication of proceedings, 3031. Constitution of, 3027. Contempts, 3028. Judge advocate, authority to adminis- ter oaths, 3037. Oath, 3029. Judge advocate general, of proceedings by, 612. Members, oaths, 3029. Oaths, administration of, 3028. Authority to administer, 3037. Members and judge advocate, 3029 record, etc., Officers authorized to convene, 3026a. GENERAL INDEX [Page 20541 [References are to sections, except where otherwise indicated.] COURTS OF INQUIRY (Cont'd) Navy (Cont'd) Qpinion by, 3028. Ordered by whom, 3026. Powers and duties, 3028, Precedence of line and staff officers on, 2683. Proceedings, as evidence before court- martial, 3031. Rights of party, 3030. Witnesses, 3028. Cross-examination, 3030. Failure to appear or testify, 3036. Fees and mileage, 3036. Process for, 3035. Self-incrimination, 3036. COURTs of RECORD - Court of Customs Appeals, 1185. COURTS OF UNITED STATES See Bailiffs : Circuit Courts : Circuit COwrts of Appeals ; Circuit Judges ; Circuit Justices ; Clerks of Courts ; Commºnerce Cowrt ; Consular Courts : Cowrt Houses and Court Rooms ; Court of Appeals for District of Co- lw’mbia ; Coºrt of Claims Court of Cºwstoms Appeals; Court of Private Land Claims ; Cowrts of Bankrupt- CQy Criers ; , District Attorneys ; District Courts : District Judges ; Evidence ; Habeas Corpus ; Judges ; Jurisdiction Jºwry : Linvitations ; Marshals ; Supreme Court of Dis- trict of Columbia ; Supreme Court of United States : Supreme Courts of Territories ; Terms of Courts : United States Coºnºmissioners ; Unit- ed States Court for China. Accounts, transmission of, see Alc- counting Officers. Costs in, see Costs. Coºterfeiting seal, see Counterfeiting. Fees, in, see Fees. . Removal of causes into, see Removal of Cawses. General provisions, 1266-1273. Accounts, examination of by Auditor, 419, 420 Of officers, rendition of, 433. Alien enemies, removal, 7615–7618. Amendment of pleading to change form of action, 1251a. Appointment of inferior officers, Congress may invest exclusive power in (Const. art. 2, § 2, cl. 2) Appropriations, for expenses of, expenses to be paid from, 8576 For supplies, 6775. Arrest and commitment of foreign sea- men, in case of dispute, 7629. For desertion, 10129. & Attempting to influence Witness, 10305. * Attorneys, certain officers forbidden to act as, 1250, 125 Awards of foreign consuls, etc., enforce ment, 1248. e Blanks and letter heads to be furnished by government printing office, 7178. Bribery of witnesses, 10304. Certificate of probable cost for allowance of habeas corpus appeal, 1293. Circuit Courts of Appeals, 1107-1126. - Cierks, account of money, 1826. Congress, powers, power to create in- ferior courts (Const. art. 1, § 8, cl. 9). Conspiracy to intimidate parties, etc., 10306. etc., Contempts, power to punish, 1245. Costs, suits by seamen without prepay- ment of or bond for, 1630a. Court of Claims, 1107–1126. Court of Customs Appeals, 1179-1190. Criminal procedure, 1674-1706. Depositions, de bene esse in, 1472–1474. Under dedimus and in perpetuam, 1477, 1478. Destroying, etc., records, 10298. Dissolutions of attachments as in state courts, 1559. District attorneys, marshals, clerks, etc., 1294-1374. District Courts, 968-1106. . Establishment, power of congress (Const. art. 3, § 1). Evidence, 1464-1533. Federal courts, jurisdiction, 991(2). Fees and compensation of Officers, 1375– 1463. Forging signature of officers, 10300. COURTS OF UNITED STATES (Cont'd) Government cases, attendance upon by Solicitor-General and officers of De- partment of Justice, 542. Conduct and argument of, 533, 534. Inferior courts, power of Congress to cre- ate (Const. art. 1, § 8, cl. 9). Injunctions, 1241–1243. Interstate Commerce Commission may ap- ply to in case of disobedience Of Sub- pCena, 8576. Judges and officers of, Statutes at Large for, 7072. Judicial Code, date of taking effect, 1278. Effect on offenses committed, penal- ties, etc., 1277. Jºsial power vested in (Const. art. 3, § Juries, 1252–1265. Jurisdiction (Const. art. 3, § 2, cl. 1). Action for presenting false claims against United States, 6412. - Fxclusive, 1233. Foreign seamen, enforcement of pay- Iment Of Wages, 8322. Not to have jurisdiction on ground of incorporation of railroad companies by act of congress, 1233a. Offenses, by Indians, 10502. Introducing liquor into Indian country, 4140. Sale of arms, etc., intoxicating liquors, or opium to natives of certain Pacific islands, 10482. Suits against United States, 1574. To order delivery of goods on loss of order bill of lading, 8604gg. Violations of fur seal act, 8847. Jurors, etc., accepting bribe, 10303. Laws repealed, 1274. Marshal to attend, field deputy not to lºve fees for representing marshal, º). Money paid into, deposited where, 1644. Withdrawal from deposit, 1645. Neutrality laws, enforcement of, 10178. New trials, power to grant, 1246. Notice to, by Attorney General of desig- nation of houses of refuge for impris– onment of juvenile offenders, 10551. Oaths, power to administer, 1245. Officers, contempts, 1245. Failing to deposit moneys, 10267. Powers, duties and compensation, 1349. Colorado, 1344. - Idaho, 1347. Southern and eastern districts of Illinois, 1350. - Purchasing fees at less than face val- ue, 10273. Receiving loans from, 10268. Supervision of accounts by Attorney- General, 543. Witness’ fees, 1454. Panama Canal Zone, 10031-10046. Parties may manage case personally or by counsel, 1249. Procedure, 1534-1706. On appeal or error, 1646–1673. Provisions common to more than one court, 1233-1251. Records, lost or destroyed, how supplied, 1513–1518. Transcribed, as evidence, 1510-1512. Remedies of occupying claimants of land, penalty, Repealing provisions, 1274-1278. Review after jury trial, (Const. am. 7). Fººd Statutes and Supplements for, 7070. Seals, how provided, 1534. Security for peace and good behavior, power to hold to, 1247. State laws as rules of decision in, 1538. Stealing or altering process, records, etc., 10297. Subpoenas, to witnesses in claim proceed- ings before Executive Departments or Bureaus, 266, 268. - restrictions Suits in equity, 1244. Supplement to Revised Statutes to be pri- Ima, facie evidence of laws therein con- tained, 7108. Supreme Court, 1191-1232. Temporary restraining orders, between employers and employés, irreparable injury, acts not to be prohibited, 1243d. Contents of order, 1243c. COURTS OF UNITED STATES (Cont'd) Temporary restraining orders (Cont'd) Employés, assemblage, etc., 1243d. Notice, irreparable injury, 1243a. Security, 1243b. Territorial, codes and rules of practise in, ratified, 3458. District court, 3455. g Counties in which held, 3464. Fº and common law jurisdiction, 3457. Expenses how paid, 3464. Fees and costs, 3471. Supreme Court, 3454. Transcribed records, evidence, 1510-1512. Trial of ownership of attached property of delinquent postmasters, contractors, etc., by the court, 1553. TJnited States court for China, 7687–7696. Writs and process, foreign public minis- ters or servants thereof, 7611-7613. Ne exeat, 1238. Signing and Sealing, 1534. Teste, 1534, 1535. COVERING IN ACT Text of act, 6802. COWARDICE Army, publication of officers dismissed for, 2308a, art. 44. . Punishment, 2308a, art. 75. Navy, punishment, 2965(13). COXSWAIN Additional pay, 2146. Coast artillery, 1731a. CRATER LARKE NATIONAL PARK Cession by State of Oregon, acceptance, 5230a. Control, 5229. Donations of patented lands, 52307 Establishment, 5228. Fishing, regulation, 5230d. . Fº fires prevented and extinguished, Fugitives from justice, 5230a. Game, 5230e. Hunting prohibited, 5230d. etc., in, right to take, forfeiture of guns, traps, etc., Judicial district for Oregon, part of, 5230b. Mºs claims, location and workings, 52 0. Offenses, hunting, possession of game pri- Ima, facie evidence, 5230d. Illegal fishing, 5230d. Punishment in accordance with state law, 5230c. - Violation of regulations of Secretary of Interior, 5230d. . Penalty, 5230. Places of entertainment, 5230. Regulations, 5229. Rules and regulations for care, etc., of park, 5230d. Settlement, residence, lumbering, etc., within park, penalty, 5230. State process may be served within, 5230a. State tax on property in, 5230a. Timber, game, etc., protection, 5229. Trespassers, 5229. - United States Commissioners, appoint- ment, powers, appeal, 5230f. Fees, costs and expenses, disposition of, 5230i-5230k. Process, 5230h. - Process of arrest, bail, 5230g. Residence, 5230i. - Salary, 5230i. Visitors, 5230. CREDIT, . Army, gisted men, purchasing articles, Officer, purchasing of rations, 2187. Claim of, delinquency of postmaster, con- tractor, etc., 1589 In suits by United viduals, 1588. Judgment at return term, in suits against persons accountable for public mon- ey, unless, etc., 1595. In suits under postal laws, etc., 1596. Nºllowed to purchasers of public lands, 756. states against indi- unless, CREDITORS Bankrupt, see Bankruptcy. Owners of order bill of lading issued by interstate carrier, remedies of, 8604ll. GENERAL INDEX [Page 2055] [References are to sections, except where otherwise indicated.] CREDITORS (Cont'd) * War risk insurance not subject to claims of, 514uuu. . - CREDITS Establishment with United States for for- eign governments engaged in war. With enemies of United States, 6829f, 6829ff, 6829.j. Rºition, etc., of transfers of, 31.15%.C. CREEK HNDIANS Heirship of deceased members, _deter- mination, 4234a, Appendix p. 1776. Lands, partition, laws applicable 4234b, Appendix p. 1776. Laws relating to allotments in severalty not to apply to, 4206. Records of, access to, by Secretary of In- terior, 4126. * Trading with, provision as to licenses not to apply to, 4130. CREW - & See Merchant Seamen ; Sailors. Complement of crew of steam vessels to be fixed by inspectors, 8225. List of to be furnished before clearance of vessel, 8364–8366. to, Master to determine compliance With act relating to qualifications, 8363a. . Merchant-vessel, resistance to pirates, Rating as able seamen, certificates of service, 8363a. & Examinations, 8363a. Requirements and qualifications, 8363a. Violation of act and offenses, penalty, 83632. CRIERS Circuit courts of appeals, 1119. Compensation, 1410. Disqualification as United States com- missioners or receivers, 1334. District courts, 972. - g Actual attendance, 972a, Appendix p. 1745. - Compensation, 1339. Messenger of circuit court of appeals for eighth circuit to perform duties, 1340. GRIMES AND OFFENSIES See Criminal Procedure ; Deserters ; Escape ; Espion age : Eactortion ; Ea;- tradition ; Fines and Penalties : For- feitures ; Forgery; Fraud; Game, I'm migration ; Indians ; Insurrection , Intoaxicating Liquors ; Jails, Lar- Geºgy , Lotteries ; Manslavghter ; Merchant Seamen ; Monopolies ; Murder; Mutiny Naturalization : Neutrality ; Perjury : Prisoners ; Prisons ; Receiving Stolen Goods ; Tred SO?0. See, also, titles of particular Offenses, as Arson ; Assault ; , Bribery : Con- spiracy ; Cownterfeiting ; Embezzle- $17,677, i. Census statistics relative to, see Cert- Sºll, S. º - g Citizens of United States in foreign countries, see Consular COwrts. General provisions, 10165-10564. Abandonment of mariner in foreign port, 10468. - Abatement of claim under custom laws, 5804. Acceptance, etc., of rebate, common carrier, 8597. Accepting foreign commission to serve against friendly power, 10173. Accessories and accomplices, arming ves- sels against friendly powers, 10175. Boxing trees for turpentine, 10218. cºating bills of expired banks, 10344. - Citizenship, using false certificate of, 10245. Counterfeiting, dies for foreign coins, 10340. Gold or silver coins, 10333. Minor coins, 10344. National bank notes, 103.19. Notes of foreign banks, 10328. Criminal correspondence with foreign governments, 10169. Defined, 10506. Falsifying, mutilating, coins, 10335. Forgery, bonds, bids, etc., 10192. Deeds, powers of attorney, etc., 101.93. Kidnapping, 10441. Obscene literature trade, 10271. Peonage, 10442. etc., from: or lightening | CRIMES AND OFFENSES (Cont'd) Accessories and accomplices (Cont'd) Piracy, 10508. Plates for printing notes, use without authority, etc., 10320. Postal offenses, conveying mail by private express, 10351. - False claims for loss of registered mail, 10394. Injury to letter boxes, etc., 10368. Stealing, etc., of mail matter, 10364. Violent entry of post-office car, etc., 10363. Principals defined, 10506. Prize property, fraudulent interference with delivery, etc., 10202. Public lands, boxing trees for turpen- tine, etc., 10218. Punishment, 10507. Rescue, 10311. Robbery, 10508. Seized property, taking from revenue officer, 10239. Shanghaiing, 10250. Slave trade, equipment of Vessel for, 10428. .. Testimony, dismissal of prosecution to procure, 5805. - Train robberies, 10495. s Agºnts, carrier'’s failure to report, Accounts, failure of consular officers to account as administrator or guard- ian, 3166. Failure of officer to render, 10258. Failure to account for fees, 1430. Aºyedgment. officer making false, 101.95. Administrators; consular officers, failure to account, 3166. Consular officers, failure to give bond, Admiralty, maritime and territorial ju- risdiction, within, 10445–10462. Places and waters applicable, 10445. Admitting entries for less duty, 10236. Adulterated butter, carrying on business of manufacturer or dealer without payment of tax, 5968. Failure of manufacturer to place label and notice on package, 6236. Failure of wholesaler to keep books and render returns, 6241. Sale of unlawully packed, 6235. Selling butter not stamped, etc., 6235. Violation of regulations as to inspec- tion or as to marks or brands, 6239. Adultery, 10489. Advertisements, failure of magazines, etc., to mark paid editorials as, 7314. Imitating national bank notes with advertisement thereon, 10345. Liquors in District of Columbia, 342.1%f. Printing on securities, 10347. Promising employment to aliens, 4289%.co. Affidavits, false, 4546, 5051, 9079, 9339, 9538. Agents, corporations, violation of Anti- Trust laws, 8835m. Internal revenue, disclosure of opera- tions of manufacturers, 6887. Extortion, 5856. Interest in manufacture of tobac- co, etc., 5856. Pension agent taking fee, 10277. Persons interested not to act as gov- ernment agents, 10205. Añºnent to prevent bids at land sales, Aiding escape of interned persons, 10182h. Aiding in obscene literature trade, etc., 10271. • In Alaska, coal land leases, holding inter- est in more than one, 5078f-5078h. Collecting tolls on wagon roads, etc., without authority, 5087. Costs of prosecution, 3544a. Election offenses, 3558. Failure of recorder to account for fees, 3578. False affidavits of report of improve- ments on mining claims, 5051. False swearing by elector, 3552. Fisheries act, 3642. Fishing by aliens, 3624. Manufacture, etc., of liquors, 3643b-3643r. intoxicating than legal : 5856, CRIMIES AND OFFENSES (Cont'd) In Alaska (Cont'd) Refusal to perform road work or pay road tax, 3598. Violations of game laws, 3621. Alcohol, recovery from denatured alco- hol, 6137. Unlawful use of alcohol, manufactur- ed by farmers for denaturation, 6137. Withdrawn from bond without payment of tax for denatura- tion, 6.136. Aliens, deportation, 4289%jj. Enemy aliens, 7615. Piracy, 10478. Allowing prisoner to escape, 10308, 10309. Alteration, certificate of identity of Chi- nese, 4294. Certificate of return of Chinese, 4312. Scales or weights at mints or a SSay offices, 10336. Stamps for imitation wines, 6110. Altering, forging, presenting false in- struments, and other offenses concern- ing land-claims in California, 51.17-5119. American National Red Cross, fraudulent fºesentatives of, use of insignia, etc., 700. Ammºtion, sale or waste of, 2308a, art. Sale to natives of certain islands in Pacific Ocean, 10481, 10482. Anarchists, aiding entry of, 4287. Anchorages, trespass on, 9164. Violating regulations for St. Mary’s river, 9956. Anchoring vessels to obstruct or interfere With range lights, 8442, 8442a. **. industry, molesting employés of, 230. - Animals, driving on public lands, 10223. Importation, 5303, 10411. Diseased cattle, 8684. Mºs from quarantined State, etc., Selling to persons not members of In- dian tribe, 4121. Transportation State, etc., 8705. Transportation of diseased, 8695. Violation of regulation of exportation and transportation, 8700. from quarantined Antiquities, appropriation, destruction, etc., 5278. Appropriations, contracting beyond spe- cific, 10266. Expenditures in excess of, etc., 6778. Armº,jºssels, to Cruise against citizens, Against friendly power, 10175. Arms, embezzlement, 10200. Sale to natives of certain islands in Pacific Ocean, 10481, 10482. , Army, abandoned or captured property, dealing in, 2308a, art. 80. Absence without leave, 2308a, art. 61. Allowing military stores to be damag- ed, 2308a, art. 83. Conduct unbecoming an officer and gentleman, 2308a, art. 95. cºresponding With enemy, 2308a, art. c;ts-martial, necessity, 2308a, art. Cowardice, 2308a, art. 44. Desertion, 2308a, arts. 28, 58–60, 107. Disclosing watchword, 2308a, art. 77. Discrimination by proprietors of thea- ters, etc., against persons wearing uniform of, 10496. Pººlence to orders, 2308a, arts. 64, Disobedience to subpoena of court- martial, 2308a, art. 23. Disorders to prejudice of military dis- cipline, 2308a, art. 96. Disrespect, toward president, etc., 2308a, art. 62. . Toward Superior officers, 2308a, arts, 63, 65. Drunk on duty, 2308a, art. 85. Duels, 2308a, art. 91. Enlistments, 2308a, arts. 54, 55. Enticing desertion from, 10206. Failure to perform duties relating to selective draft, 2044f. - Failure to register, 2044e. False alarms, 2308a, art. 75. False certificates, 2308a, art. 56. False muster, 2308a, art. 56. False registration, etc., 2044f. @ GENERAL INDEX [Page 2056I [References are to sections, except where otherwise indicated.] CREMES AND OFFENSES (Cont'd) Army (Cont'd) False returns of regiments, etc., 2308a, art. 57 Fees for prosecuting claims for air- rears for service, 2204. Forcing safeguard, 2308a, art. 78. Fraud against United States, buying Hºary property, 2308a, art. 94 Delivering less property than receipt calls for, 2308a, art. 94(7). Embezzlement, 2308a, art. 94(9). False claim, 2308a, art. 94(1-6). False paper, 2308a, art. 94(4). Giving receipt without knowing truth of, 2308a, art. 94(8). Perjury, 2308a, art. 94(5). Punishment, 2308a, art. 94(11). Selling military property, 23voa, art. 94 (9). Stealing, 2308a, art. 94(9). Fraudulent enlistment, 2308a, art. 54. Interest of officer in sale of Victuals, etc., 2308a, art. 87. Limitation of time of prosecution, 2308a, art. 39. Medal of honor, use of, 1940a. Misbehavior before enemy, 2308a, art. 75 Mustering persons not soldiers, 2308a, art. Mutiny, 2308a, arts. 66, 67. Neglect to send returns of regiments, etc., 2308a, art. 57. Offenders to be delivered up to civil magistrates, 2308a, art. 74. Officers, interference with election of- ficers, 10189. Intimidating voters, 10187. Prescribing qualification of vot- ters, 10188. Presence of troops at polls, 10186. Prostitution, etc., near military camps, etc., 2019b. 2019b, Appendix p. 1755. Punishment by courts-martial, 2308a, arts. 92, 93. Punishment of crimes, 2308a, arts. 92, 93. Quarrels and frays, 2308a, art. 68. Relieving enemy, 230Sa., art. 81. Reproachful or provoking speeches, 2308a, art. 90. Rosettes of enlisted reserve COTOS, use of, 18926. Sale of liquors in 20192. Sale of liquor to Indians, 4138. Sale or Waste of ammunition, 2308a, art. 84. Sleeping on post, 2308a, art. 86. Spies, 2308a, art. 82. Striking superior officer, 64, 65. Surrender, 2308a, art. 76. Taking money on mustering, art. 56. Uniform, use of, 1949a, 1949aa. 1949a, Appendix p. 1753. Violence to persons bringing sions, 2308a, art. 88. Waste or destruction of property without orders, 2308a, art. 89. Arrangement and classification of sec- tions of Criminal Code, 10513. Arrest, 1674. Concealing person from, 10311. Rescuing person arrested, 10311. Arson, see Arson. Assault, See Assault. Aiº, onces altering scales or weights, J ÖU). Assignment, pensions, 9077. Assistant treasurers receiving commis- sions, etc., 6587. Alºne vessel with intent to plunder, Attempts, 1701. To destroy vessel at sea, 10474. To induce discrimination by carrier, To influence juror by writing, 10307. To influence witness, juror, or officer, 10305. At murder, etc., 10450. Augmenting force of foreign armed ves- sels, 10176. Baggage, fraudulently taking, etc., 8603. Bail, 1674. - Procuring false, 10297. Banker, etc., receiving unauthorized de- posit of public money, 10264. Or Ilear Calm pS, etc., 2308a, arts. 2308a, provi- | Breaking fences, CRIMES AND OFFENSES (Cont'd) Bank, gººminers, accepting loan or gift, dº) • - Disclosures, 9833. Bank notes, imitation. With advertise- ments thereon, 10345. Bank officers, loans or gifts to bank ex- aminer, 9833. Bankruptcy proceedings, 96.13. Banks, circulating bills of expired banks, Barrels, sale or shipment of barrels not standard, 8907d. Selling lime in unmarked barrels, 8907.j. Baskets, use of non-standard, 8907n. Battle Mountain Sanitarium reservation, trespa SS On, 9287. Bawdy houses, etc., etc., 2019b. 2019b, Appendix p. 1755. i Bids, lºment to prevent at land Sales, Forging, etc., 10192. Bills of lading issued by interstate car- riers, forging or counterfeiting, 8604u. Bºreeding grounds, hunting, etc., On, Birds, importing certain injurious birds, 10411. near military camps, Taking birds during closed season, 8837(2). Bonded warehouses, breaking , and enter- ing vehicles containing imports for transportation in bonds, 57.01. Failure to comply with provisions for deposit of grape brandy, 6049. Failure to deposit in on removal from distillery Warehouse, 6065. Fraudulent opening, 5679. Fraudulent removal of goods from, 5680. Obliteration of marks on goods in, 5678. Removal of spirits from in violation of law, • Withdrawal of spirits from bond for making sorghum sugar in violation of law, 6069. Bonds, from armed vessels On clearing, 10180. Carrying on business of distiller with- out bond, 6021. Failure of distiller to give, 5997. Failure of manufacturer of cheese to give, 62.44. Failure of tobacco manufacturer to obtain, 6163. Forging, etc., 10192. - Breaking and entering, post office, 10362. Post office car, 10363. Vessel, etc., 10472. etc., filled on public lands, 10223. Brewers, affixing fraudulent stamps, 6148. Failure to affix and cancel Stamps, 6148. False entry in books, 6146. Bribery, see Bribery. Bridge owners, etc., failing to comply with order for removal of obstruc- tion to navigation, 9.970. Failing to comply with orders of sec- retary of war or chief of engineers, 9965. Failing to remove obstruction to nav- igation, 9964. Violating act regulating, 9965. Brothels, etc., near military camps, etc., 2019b. 2019b, Appendix p. 1755. - Building, equipping, vessels for etc., cooly trade, 4344, 4345. - Bull fights, 10493. Bull Run national forest, trespassing on, 10222. Capital grounds, depredations on, 3895, 3402. Capital. Issues Committee, violations of act, 31.15% o. Carnal knowledge of female under 16, 10452. Carrier pigeons, knowingly entrapping, etc., 10212h4%–10212h4%. Cemeteries, national, stones, etc., 9376. Census, divulging information as to cot- ton, 4431. Failure to report as to quantities of tobacco, etc., 4423. Fº certificate, or fictitious return, 08. injury to grave Imigratory and insectivorous | CRIMES AND OFFENSES (Cont'd) Census (Cont'd) False report of tobacco statistics, False swearing, 4408. Publishing or communicating infor- mation, 4408. Receiving compensation for appoint- ment of officers, etc., 4407. Refusal to answer questions, 4409. Owners or officers of manufactur- ing establishment, etc., 4410. Refusal to furnish information as to cotton, 4432. Certificates, clerks of district courts, failure to make, 1329. Customs entry certificates, forging, etc., 10231. Discharge from military or naval Service, forging, etc., 10242a. False, 10275. - Checks, etc., of national bank of— ficer, 9770, 9771. Naturalization cases, 4378. Records of deeds, 102.74. As to sanity, 9339. By steamboat inspectors, 8.186. - Identity of Chinese, alteration or for- gery, Inspection 8762. Naturalization, unlawful 4375. of plants, etc., forgery, issuance, Of oath before consul, perjury, 3211. Residence of Chinese, forgery, 4322. Return of Chinese, alteration or for- gery, 4312. Certificates of crtizenship, engraving, selling, etc., plates for counterfeit– ing, 10243. False, attempting to vote, etc., On, 10246. Torging, etc., 10242. Possession of blanks for unlawful use, 24 0245. Sale, etc., 10243. Checks, national bank officer falsely cer- tifying, 9770, Child labor, 35.13. Chinese Exclusion Act, 4302. Alteration or forgery of certificates of identity, 4294. Alteration or forgery of certificates of return, 4312. Bringing in Chinese not entitled to admission, 4310. Bringing or landing laborers not en- titled to enter, 4298. False personation of persons named in certificate of residence, 4322. False personation of persons named in certificate of return, 4312. - Forgery of certificate of residence, 4322. - Master of vessel permitting laborers to land, 4291, 4305. - Punishment of Chinese unlawfully in United States, 4318. Chinese, importation of opium, 87.97. Cigarettes, fraudulent packing, stamping, etc., 6202. Cigars, see Internal Revenue under this heading. . Circulating bills of expired banks, 10344. Circulating notes, issue to unauthorized associations, 9728. Citizenship, falsely claiming, 10247. Citizens, transportation, etc., of Opium in China, 87.97. Civil rights, 10183–10190. Conspiracy to injure, etc., persons in exercise of, 10183. Depriving citizens of, under color of state laws, 10184. Discrimination against juror by real- son of race or color, 3929. Failure of district attorney to prose cute, violation of, 3928. - Inns, conveyances, theaters, etc., dep- rivation of rights, 3927. Civil Service examiners, etc., 3276. --~. Civil service, violation of laws, 3285. Claims, conspiracy to defraud government by, 10199. - Officers interested, 10278. - Members of national guard of Dis- trict of Columbia, 10279. Presenting false, 10199. Unlawfully taking or using papers re- lating to, 10204. GENERAL INDEX IPage 20571 [References are to sections, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) Clerks in Treasury Department carrying on trade in funds or property of United States, or taking pay for transacting business there, .378. Clerks of courts, district court, failure to - make report, certificate, etc., 1329. Embezzlement of funds, 4376. State courts refusing copies of records, 1021. - Clerks of executive department, unlawful employment, Clothing of seamen, detention, 8293. Coast Artillery fire, violation of regula- tions to prevent injuries from, 9862a- 9862c, Appendix p. 1798. Cocaine, exportation in violation of regu- lation, 880.1e. coin.ºterfeiting dies for foreign coins, 0340 Counterfeiting, dies for United States coin, 10339. Gold or silver, 10333. Minor coins, 10334. Debasing by officers of mint, 10336. Fiºns, mutilating or lightening, 10335. Making and importing tokens, prints, etc., similar to, 10341. Making or uttering coins resembling money, 10337. Making or uttering devices of minor coins, 10338. Collateral, national bank accepting United States notes as, 9769 - Collecting officers, trading in public prop- erty, 10272. Collectors of customs, permitting imported OleOmargarine to pass out of their cus- tody without payment of the internal revenue tax, etc., 6222. Collisions, failure of masters of vessels to stand by after collision, 7980. Combination to fix prices for postal sup- | plies, etc., 7266. Common carriers, bills of lading, forging or counterfeiting, 8604u. Delivery of intoxicating liquors in District of Columbia, 3421%dd. Pºrtins from filed or published rate, Disclosure of information concerning shipments, etc., 8583. Eight Hour Day Act violations, 86806. Embezzlement by officers of common Carriers, of moneys, property, etc., used in Interstate Commerce, 8602a. Employés or agents failing to keep records of liquors transported into District of Columbia, 342134b. Fºre to comply with regulations, etc., mission, 8569. Failure to comply with requirements Concerning physical valuation of property, 8591. Failure to file, etc., rates, etc., or to observe same, 8597. Failure to give preference to com- modities essential to national de- fense, 8563(10). Failure to keep accounts, records, etc., aS prescribed, or submit same to in- spection, 8592. Fºe to make report of accident, Failure to obey certain orders of In- terstate Commerce Commission, 8584. Failure to require record of liquors transported into District of Colum- bia, 34.21%b. - False billing, etc., at less than regu- lar rates, 8574. Furnishing free transportation, 8563. Inducing discrimination by, 8574. Owning, leasing, etc., competing water line, 8567. Rebates, etc., 8597. Receiving greater or less compensation for transportation under joint inter- changeable mileage tickets than rate filed with Interstate Commerce Com- mission, 8595. Tºporting products of child labor, 96. Unlawful dealings with other corpora- tions having common director, offi- Cer, etc., 8835i. Violating prohibitions not otherwise provided for, 8574. . Compromise, claims under customs laws, Of Triterstate Commerce Com- CRIMES AND OFFENSES (Cont'd) Concealment, dutiable articles in baggage, 99 With intent to defraud United States of internal revenue, 6351, 6352. Invoices, etc., of imports, 10232. Person from arrest, 10311. Confederating with pirates, 10480. Congress, contested elections of Imembers, failure of witness to attend or testi- fy, 173 Contested election of members, failure to produce papers, 180. Contributions for influencing election of members of, 198. Congressional investigations, testify in, 157. Conspiracy, see Conspiracy. Construction of designated words, 10509. Consular officers, administrator or guard- ian, failure to account, 3166. Bond as administrator or guardian, failure to give, 3166. refusal to Embezzlement of public money, 3192. Excessive fees, 3172. False certificate of property by, 3195. False certification by, 10238. Neglect of duty to seamen, corrupt conduct, 3.194. . Perjury before, 3211. Perjury, verification of account of fees, 3184 Containers, selling lime in unmarked con- tainers, 8907.j. Contempt, 1245a. Contracting beyond specific appropriation, Contract laborers, 428914c. Contracts, making official, with member of Congress, 10285, 10286. Members of Congress taking consider- ation for procuring, 10282. Contributions, influencing election of members of Congress, 198. Political, by national banks, etc., 10251. At navy yards, 2798. To officers, 10291. By officers and employés, 3270. Receiving in public office, 10289. Soliciting, 10288. cºyances, deprivation of civil rights, 3927. Cooly trade, building, vessels for, 4344, 43 - Contracts to supply cooly labor, 4350. Transportation of Chinese, etc., 4349. Copyrights, exhibits at Panama Pacific Exposition, infringement, 9527. False affidavits for, 9538. Fraudulent notice of, etc., 9550. Infringement for profit, 9549. Corporal punishment, merchant seamen, equipping, etc., 45. Correspondence, criminal, government, 10169. With enemy, 2308a, art, 81. Corrupt practices, contribution for pur- pose of influencing election of members of Congress, 198. Cotton seed mills, refusal to give informa- tion, 4434c. Cotton Seed statistics, divulging informa- tion, 4434b. Counterfeiting, see Counterfeiting. Court-martial, disobedience to subpoena, 2308a, art. 23. . Court of claims, members of Congress practicing in, 1135. Court officers failing to deposit money, etc., 10267 Purchasing fees at less than face val- ue, 10273. Receiving loans, etc., 10268. Cowardice, army, 2308a, art. 44. Crater Take National Park, state laws to govern, 5230c. Violation of regulations, 5230. Criminal code, 10165-10519. * Arrangement and classification, 10513. Laws repealed, 10515. Time of taking effect, 10519. Criminal correspondence with foreign gov- ernments, 10169. Crop reports, giving advance information of, 10293. - Knowingly issuing false, 10294. Currency, coinage, etc., 10317-10348. Altering scales or Weights at mint or assay offices, 10336. - Circulating bills of expired banks, with foreign Connecting parts of different bills, etc., 10332. - CRIMES AND OFFENSES (Cont'd) Currency (Cont'd) countºins. dies for foreign coins, 340. Dies for United States coin, 10339. Foreign securities, 10326. Gold or silver coins or bars, 10333. Minor coins, 10334. National bank notes, 103.19. Notes of foreign banks, 10328. Securities, 10318. , Dealing in counterfeit securities, 10324. Debasing coins by officers of mint, 10336. Embezzlement, metal by mint officers, 6, Tools or materials for printing Se- curities, 10325. Falsifying, mutilating, coins, 10335. * : * * Forfeiture of counterfeit obligations, securities, etc., 10342. Forging securities, 10318. g Having in possession, counterfeit for- eign securities, etc., 10330. Counterfeit plates of foreign se- curities, 10331. e & Distinctive paper for obligations of United States, 10320. sº ge Illustrating numismatic and historical books, and school arithmetics, 1084. Imitating national bank notes with ad vertisement thereon, 10345. Imitating securities or printing adver- tisement thereon, 10347. Issue of search warrant, for suspected counterfeits, etc., forfeiture of seized articles, 10343. Issuing notes less than One dollar, 10348. * Making and importing, etc., tokens, prints, etc., similar to United States or foreign coins, 10341. - Making coins resembling money, 10337. Making devices of minor coins, 10338. Mutilating coins, 10335. Mutilating, etc., national bank notes, or lightening 6. e Numismatical, etc, books, illustrating, 10341. “Obligation or other security of the TJnited States” defined, 10317. i.e. Secreting tools or materials for print- ing securities, 10325. Taking impressions of tools, Iments, etc., 10322. Using plates to print notes without au- thority, etc., 10320. Uttering, coins resembling money, 1. - imple- Counterfeit foreign securities, 10327. Counterfeit notes of foreign banks, 10329. Devises of minor coins, 10338. Forged obligations, 10321. Custodian of public moneys failing to keep, 10257. & . Customs house papers, forging, etc., 10240. Customs laws, accomplices, testimony, dismissal. 5805. - Admitting entries for less than legal duty, 10236. - Bonded warehouse fraudulently open- ed by importer or proprietor, 5679. Breaking and entering vehicles con- taining imports for transportation in bond, 57.01. Breaking lock or fastenings on ves- sels or removing goods therefrom pending inspection under customs laws, 5773. Breaking or opening vessels, cars, packages, etc., sealed by customs of- ficers, or affixing unauthorized seals, etc., 5817. Collector permitting imported oleo- Imargarine to pass out of custody Without payment of internal revenue tax, 6.222. Compromise or abatement of claim, 58 . Concealing or destroying invoices, etc., of imports, 10232. Concealment of dutiable articles baggage, 5499. Departure of vessel from port of ar- § before making report or entry, 69. Distilled spirits, wines landed without inspection, 5575. Entry certificates, forging, etc., 10231. Failing to report for duty saloon stores on vessels engaged in trade on north- ern, etc., frontier, 5825. - in GENERAL INDEX [Page 20581 [References are to sections, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) Customs laws (Cont'd) Failure to have correct manifest, 5506. Failure to make entry and pay duty on equipment of vessel for trade of adjacent countries, 5826, 5827. Failure to proceed to port of destina- tion with goods imported from ad- jacent countries, 5816. Failure to produce or certify manifest, 5511. * False certification by consular officer, 10238. False invoice, declaration, etc., 5524. False statements in entry of goods for exportation for benefit of draw- back, 5753. Fraudulent removal of goods from bonded warehouses, 5680. Fraudulent violation of requirement for marking imported articles and packages, 5298. Imported liquors, 5651, 5652. Importing or bringing into country, contrary to law, goods subject to duty, or buying same, 5785. Master’s failure to make report on ar- rival, 5470, 54.71. Neglecting, by master of vessel, to comply with requirements as to ves- sels engaged in trade on northern frontier, 5837. * - ? Neglect of duty by inspector, 5568. Neglect to assist customs officers in searches or seizures, 5774. Nondelivery of manifests of cargo of vessels and vehicles from adjacent countries, 5811. Obliteration of marks on goods warehouses, 5678. Obstructing customs officers in board- ing vessels, 5771. Obstruction of inspection of goods and baggage from contiguous foreign country, 5813. Offering presents to customs officers, 235. « Receiving or, depositing in buildings on boundary line goods subject to duty, 5819, 5820. Refusal to allow search, 5764. Relanding goods entered for exporta- tion with drawback, 5752. Relanding merchandise exported to contiguous territory, 5693. Rescuing or destroying seized prop- erty, etc., 10233. Revenue officer, falsely assuming to be, 10234. Offering presents to, 10235. Rºine informer’s compensation, in Resisting, 10233. Taking seized property from, 10239. Securing false entry, of goods, 10237. Smuggling or false in Voices, 5548. Transfer Öf merchandise, 5556. Unlading vessel unlawfully, 5564. Unlading without permit, 5555. Dairy products, misbranding as to place of production, etc., 8730. - Dam owners failing to comply With Or- ders, 9980. Failing to maintain lights, etc., 9978. Dead bodies of executed offenders, rescue of, 10314. Dealing in counterfeit securities, 10324. Debasing coins by officers of mint, 10336. Decorations or regalia, of foreign govern- ments, unlawful wearing, 7678%, Ap- pendix p. 1788. Deed, isely certifying as to records of, 102.7 Forging, etc., 10193. Defacement, beer stamp, 6160. Drawing fermented liquors from ºases without defacing Stamp, 6 - Mº inspection marks, etc., 8681, 8683, 11. sº on packages of Oleomargarine, 27. sº on white phosphorus matches, 6276. Transporting casks having uneffaced stamps, etc., 6105. Definitions, felonies, 10509. Manslaughter, 10447. . Misdemeanor, 10509. - Obligation or other security of the United States, 10317. Postal service, 10401. Principals, 10506. CRIMES AND OFFENSES (Cont'd) Definitions (Cont'd) Pugilistic encounter, 10494. Vessels of United States, 10483. Delay, ferrymen delaying mail, 10372. Delivery of body of executed offender for dissection, 10505. • . - Denatured alcohol, from, 6137. Unlawful use of alcohol manufactured by farmers for denaturation, 6137 Unlawful use of alcohol withdrawn from bond without payment of tax for denaturation, 6.136. Depositaries of public money, failure to deposit, 10259. Failure to safely keep deposits, 10256. Deposits, court officers failing to deposit money, 10267. Public money, receiving unauthorized deposit, 10264. Depredations on capitol grounds, 3395, 3402. Deserting the mail, 10369. Desertion, see Deserters. Destruction, antiquities, 5278. Army property, 2308a, art. 89. Pooks of rectifiers or wholesale deal- ers, 6100. Distiller’s books, 6085. Failure to destroy stamps, on empty cigar boxes, etc., 6214. On empty mixed flour packages, recovery of alcohol 6267. On empty packages, filled cheese, 6253. Invoices, etc., of imports, 10232. On tobacco packages, etc., 6.185. Live oak or red Cedar timber, 4980. Monuments, etc., in national military parks, 5284. Newspapers by postmaster, etc., 10366. Public records, 10298. Records by Officer in charge, 10299. Seized property, 10233. Vessel at sea, 10474. By owner, 10473. Detention, mail matter by postmaster, etc., 10365. Newspapers by postmaster, etc., 10366. Seaman’s clothing, 8293. Vessels by collectors of customs, 10181. Dies, counterfeiting dies for foreign coins, 10340 Counterfeiting, etc., dies for United States coin, 10339. Directors of corporations, Anti-Trust laws, 8835m. Disbursing officers, trading property, 10272. Unlawfully using public money, 10255. violation of in public Discrimination, common carriers, induc- ing, 8574. - Proprietors of theaters, etc., against persons wearing uniform of army, navy, etc., 10496. Telegraph lines, 10084. Disobedience to subpoena of court-martial, 2308a, art. 23. Disorderly conduct in public buildings or grounds, 3337. - Disorº, houses near military camps, 2019b, Appendix p. 1755. Dissection, delivery of body of executed offender for, 10505. Distilled spirits, see Internal Revenue un- der this heading. r Distilleries, operation on Sunday, 6024. Possession of nonregistered stills, 5994. Use of false signs by, 6019 Use of material in or removal of spir- its from in absence Of Storekeepers, 6025. TJsing false weights and measures, 6086. Working for or conveying goods to dis- tillery having no sign of nature bf business, 6019. Distillers, breaking locks, etc., on brew- ; after reduction of capacity of, 6093. Breaking locks, etc., on distillery re- ceiving cisterns, 6006. Cºins on business without bond, 6021. Fºyment of distiller by gauger, 6031. Failure to deposit in bonded ware- houses on removal from distillery Warehouse, 6065. Failure to give bond, 5997. Failure to give notice of intention. On business of, 5995. CRIMES AND OFFENSES (Cont'd) Distillers (Cont'd) Failure to keep or destruction of books, 6085. False entries in books, 6085. Distillery warehouses, storekeepers, etc., allowing spirits to be removed without Order of collector, 6080. - Distress for rent against persons in mili- tary service, 30.78% ee. District attorney, compromising violations Of internal revenue laws, 5893. - Failure to prosecute violation of civil - rights, 3928. District judges, residence, 968. District of Columbia, Conduit Road, traf- fic regulations, 3322a. Water supply in, 3314, 3315, 3318. Diversion of waters from Niagara River, 9989h. 99.89.j, Appendix p. 1799. Dividends, unauthorized, by Union Pacific Railroad, 10055. Drawbridge operators, Open draw, 9973. Drinking liquors on passenger coaches, etc., in Alaska, 3643i. Drugs, manufacture of adulterated or mis- branded, 8717. Shipment, delivery, etc., of adulterat- ed or misbranded, 8718. Drungnness, on duty, army, 2308a, art. 85. By merchant seamen, 8383. Duels, army, 2308a, art. 91. Dumping refuse, in Lake Michigan near Chicago, 9.946. In navigable waters, 99.18, 9921, 9926. In New York Harbor, 9.933. In Potomac River, 9.942–9945. Elections, Army or Navy officer intimi- dating voters, 10187. Army or Navy officer prescribing qual- ification of voters, 10188. * Conspiracy, preventing officer from performing duties, 10185. Contributions for influencing election of members of Congress, 198. Exercise of right of suffrage by fed- eral officers, etc., 10190. . Interfering with election officers by Army or Navy officers, etc., 10189. Members of Congress, contest, failure #s Witness to attend or testify, 7 etc., failing to Contest, failure to produce papers, 180. Contribution for influencing, 198. Offenses in Alaska, 3558. Unlawful presence of troops at polls, 10186. Elective franchise, 10183–10190. Embezzlement, see Embezzlement. Employés, animal industry, molesting, 10230. Census bureau, divulging information furnished for Cotton seed statistics, 4434b. Child receiving compensation on death of parent after marriage, 8932ee. Governmental, receiving salary from Some other than United States, 3231a. Interest in mail contracts, 10396. Peaceful assemblage, etc., not to be considered, violation of law, 1243d. Political contributions by, 3270. Employés' Compensation, Commission, perjury before, 8932t. . Employment of clerks, ments unlawfully, 250 Engraving, Selling, etc., plates for coun- terfeiting certificates of citizenship or selling, etc., certificates, 10243. - Enlisting, in foreign service, 10174. To serve against United States, 10172. Enticing, boy from National Training School for Boys, 9405. Desertion from Army or Navy, 10206. Workmen from arsenals or armories, 10207. Entry into or departure from United States without permit, etc., 7628g. Escape, see Escape. Espionage, 10212a-10212h. : Estate tax, violation of act, 63.36%k. Eviction of tenant in military service, 3078% ee. Executed offenders, delivery of body for dissection, 10505. Rescue of dead body of, 10314. Execution, rescue at, 103.12. Executive Department, unlawful employ- ment of clerks, etc., 250. etc., of depart- GENERAL INDEX [References are to sections, except where otherwise i CRIMES AND OFFENSES (Cont'd) Explosives, failure to mark packages, 10405. - Mailing, 10387. Sale to natives of certain islands in Pacific Ocean, 10481, 10482. - Violations of act, 31.15%j. - Exportation, animals, violation of regul- lations, 8700. Opium, cocaine, etc.. 8801e. In time of war, 7678b. War Imaterials unlawfully, 7677, 7678. White phosphorus matches, 6281. Exports, relanding merchandise exported to contiguous territory, 5693. Extortion, see Extortion. Extradition, escape of foreign fugitives after extradition from Philippines, 10.125. Failure to sell products on order of Pres- ident in time of war, 31.15g. Fº acknowledgment, officer making, 101.95. False affidavit for, certificate as able sea- men, 8363a. Copyright, 9538. Foreign language publications, 31.15%j. Military service of person against whom default judgment was taken, 3078%bb. - by Pensions, 9079. Under public land laws, 4546. - Report of improvements on mining claims in Alaska, 5051. As to sanity, 9339. False brands, mixed flour, 6260. Oleomargarine, 6218. False certificates, 10275. - Checks by national bank officer, 9770, 9771. Of citizenship, attempting to vote, etc., on, 10246. By consular officer, 10238. Naturalization cases, 4378. Of property by consular officers, 3195. As to records of deeds, 10274. As to sanity or insanity, 9339. Of steamboat inspectors, 8186. False claims, actions for forfeitures, etc., 6411-6415. Conspiracy to defraud government by, 1 Loss of registered mail, 10394. Presenting, 10199. False demand on fraudulent power of at- torney, 10.198. False entries, books by brewers, 6146. Books of rectifier or wholesale dealer, 6100. Distiller’s books, 6085. By Indian agent, punishment, 4001. By internal revenue officers, 5889. In records, Federal Trade Commission act, 8836j. e - False entry of goods, securing, 10237. False, etc., papers, having in possession, 101.94. -- - - False evidence to Secure Second-class postal rates, 10393. False information as to cotton seed and products thereof, 4434c. False instruments concerning land claims in California, 5117-5119. False invoices, etc., 5524, 5548. Falsely assuming to be revenue officer, 10234. - Falsely claiming citizenship, 10247. Falsely pretending to be United States of- ficer, 10196. - False oath, applicant for use of free bath house on Hot Springs Reservation, Investigation as to interest of appli- cant for lease. etc., on Hot Springs Reservation, 5254. False pass-ports, issue of, 7628. - False personation, Chinese person named in certificate of return, 4312. Holder of public stocks, pension, etc., 101.97. In procuring naturalization, 10244. Falseºrtº, Federal Trade Commission, J. Kºnely issuing false crop reports, False returns, 5896b, 5901, 63.364. By postmaster to increase compensa- tion, 10376. False signature, offering document in evi- dence, 10300. False signs, use by distillers, etc., 6019. False stamping, articles made of gold or silver, 8.809, Cigar boxes, 6207. internal revenue, [Page 2059] CRIMES AND OFFENSES (Cont'd) False stamping (Cont'd) Fermented liquors, 6149, 6153. Filled cheese, 6245. Gold or silver, 8802-8804. Steel boiler plates, 8.193. Tobacco or snuff, 6184. False statements, application for pass- port, 7628b. Claims under war risk insurance act, 514nn. - - Declarations filed by purchaser of vessels, 8146r(4), Appendix p. 1790 Entry of goods for exportation for benefit of drawback, 5753. *; by internal revenue officers, 7 Selective draft registration, 2044f. To United States Shipping Board, 8146r (5), Appendix p. 1790. War risk insurance claims, 514nn. False swearing, applicant to purchase timber and stone lands, 4672. Before appraisers of customs, 5597. Census, 4408. By elector in Alaska, 3552. Naturalization cases, 10248. False weights and measures, use in dis- tillation, 6086. - Falsifying, mutilating, or lightening coins, 10335, Federal controlled transportation tems, violation of act, 31.15%k. Federal Farm loan act violations, 9835V. Federal officers, exercise of right of Suf- frage, 10190. - Fees, excessive, consular officers, 3172. Excessive, naturalization cases, 4377. Pension agent taking, 9114, 9115, 91.18, 10277. - Under public land laws, 4546. Failure to account for or pay 1430. Prosecuting claims for arrears for ar- my service, 2204. Purchasing by court officers at less than face value, 10273. Receiving illegal, 1430. Steamboat inspectors taking 10276. tºrul, by internal revenue agents, 585 sys- over, illegal, Felonies defined, 10509. Felonious assaults, 10449. Felony, misprision of, 10316. Fences, on public lands, breaking, etc., 10223. Fermented liquors, see index line Internal Revenue. Ferrymen delaying the mail, 10372. |Fictitious address, using, 10386. Filled cheese, see index line Internal TRevenue. Fires, failure to extinguish, 10220. Setting fire to timber on public lands, Fisheries in Alaska, 3642. Fishing by aliens, 3624. Fishiºn Crater Lake National Park, Glacier National Park, 52480. Mount Rainier National Park, 52276. National forests, 5187b. - New York Harbor channels for shell- fish, 9941. Fishing vessels, failure to keep nets, etc., from submarine cables, 100.91. Flag, mutilation, etc., 3369b. Use of for advertising in District of Columbia, 3369b. Floating of timber, violation of regula- tions, 9928–9930. - Flogging, merchant seamen, 8391. Food, etc., conservation acts, violations of, 31.15%aa, 31.15%f, 31.15%g, 31.15%gg, 31.15%hh, 31.15%i, 31.15%k, 31.15%l, 31.15%m, 31.15%q, 31.15%qq. Food, manufacture of adulterated or mis- branded, 8717. Misbranding as to place of production, etc., 8730. - Shipment, delivery, etc., of adulterat- ed or misbranded, 8718. Foreign and interstate commerce in gen- eral, 10402-10415. Explosives, carrying on passenger ves- sels or vehicles, 10402. Causing death by illegal transpor- tation, 10406. High explosives excluded from cer– tain vessels and vehicles, 10404. Marking packages of, 10405. ndicated.] - CRIMES AND OFFENSES (Cont'd) Foreign and interstate commerce in gen eral (Cont'd) r Explosives (Cont'd) Regulations for transportation, 10403. Importing certain injurious birds and animals, 10411. Injuring vessels employed in foreign commerce, 10483a, 10514a–105.14d. Interference With foreign Commerce by violent means, 104.18a, 10514a- 105.14d. . - Intoxicating liquors, carrier collecting purchase price, 10409. Delivery to other than bona fide Consignee, 10408. Lottery tickets, 10407. Obscene books, etc., 10415. Prize fight films, 10416-10418. Transportation of illegally killed game, etc., 10412-10414. Foreign banks, counterfeiting notes Of, 10328 - Uttering counterfeit notes of, 10329. Foreign f coins, counterfeiting dies for, 10340. - Making and importing tokens, prints, etc., similar to, 10341. Foreign commission, accepting to serve against friendly power, 10173. Piracy under color of, 10478. Foreign countries, seizing slaves, 10420. Foreign governments, criminal corre- spondence with, 10169. Obtaining, communicating, etc., un- lawful information respecting tional defense, 10211. e Foreign language publications, false af- fidavits, etc., 31.15%j. Foreign ministers, assaulting, etc., 7610. Imprisonment of, 7610. Unlawful issue of process against, 7611, 7612. Foreign ports, in, 10468. - Fº postage stamps, counterfeiting, 90. Foreign relations, disturbance of, 7678l- 7678.p. Possession or control of property and papers in aid of foreign government designed as intended for violating penal statutes, etc. of United States, 102.12i, 10514a–105.14d. Foreign securities, counterfeiting, 10326. Possession of counterfeit, 10330. Possession of counterfeit plates, 10331. Uttering counterfeit, 10327. Foreign service, enlisting in, 10174. Foreign vessels, augmenting force of armed vessel, 10176. Compelling departure, 10179. Letters carried in, to be deposited in post office, 10373. Opposing enforcement of retaliatory suspension of privileges to, 7829. Slave trade, bonds of owners, 10439. Forfeiture, counterfeit obligations, securi- ties, etc., 10342, 10343. Interest in slave vessels, 10432. Sales of goods to avoid forfeitures un- der internal revenue laws, 6356. Vessels with slaves on board, 10431. Forgery, see Forgery. Fornication, 10491. Forts, etc., injuries to, 10208. Unlawfully entering, 10209. Fraud, see Fraud. - Fruits, use of non-standard containers, 8907. Fugitives, of, 10127. Fur-bearing animals, Pribilof Islands, 8853. Fur seal, etc., in Alaska, killing, 88.50% Unauthorized taking, etc., 8843, 8855. Game, see Game. Gift enterprises, depositing or carrying in mails matter relating to, 10383. Gifts, bank examiners accepting, 9833. Glacier National Park, state laws to gov- ern, 5248c. & Gold, counterfeiting coins or bars, 10333. Counterfeiting, etc., dies for United States coin, 10339. False stamping, 8802-8804. Articles made of, 8809. Government agents and employés having interest in Indian contracts, 6893. Government agents, persons interested not to act, 10205. Tl2,- abandonment of mariner obstructing agents in charge landing, etc., on GENERAL INDEX [Page 20601 [References are to sections, except where otherwise CRIMES AND OFFENSES (Cont'd) Grain, importation of adulterated, etc., Grave stones, injuries to in national cem- eteries, 9376. Guano Islands, 3922. Guardians, consular officers, account, 3166. Cºlar officers, failure to give bond, 66. failure to Of pensioners, embezzlement, 9111. Harbor improvements, injury to, 9909. Private possession or use of, 9919, 9921. Hºr lines, violation of regulations, 917. Harbor regulations at Washington, D. C., violation of, 9.953. Hazing, at military academy, 2248. s At naval academy, 2742–2748. Hides, importation, 5303. Historical books, illustration of coins, 10341. Holding false light, 10470. Hot Springs Reservation, false oath, etc., On investigation as to interest of ap- plicant for lease, etc., 5254. False oath for use of bath house, 5260. Injury to property on, 5263. Offenses under ordinance of city of Hot Springs, 5265. Perjury in investigation cant for lease, etc., 5254 Taking, using, or bathing in waters of Springs in, 5264. Hours of labor, violation of act, 8919. Huntº, etc., On bird breeding grounds, Crater. Lake National Park, 5230d. Glacier National Park, 52480. In Grand Canyon national forest, 5160. Mount Rainier National Park, 52276. National forests, 5187b. In national military parks, 5286. In Wichita National Forest, 5157. Hydraulic mine owners, etc., injuring navigable waters, 10026. Injuring Works used in connection with, 10026. Imitation, national bank notes with ad- vertisement thereon, 10345. Securities. 10347. Imitation wines, Stannps, 6110. Immigration, see Immigration. Immunity from official proscription, 10290. Importation, cattle and hides, 5303. Certain injurious birds and animals, as to appli- altering or re-using 104.11. Contrary to laws, goods subject to duty, 5785. Diseased, etc., cattle, 8684. Grain and seeds adulterated or unfit for Seeding, 8747. Lottery tickets, 10407. Obscene books, etc., 10415. Opium, 8801. In China by citizens of United States, 8799. By Chinese, 8797. Prize fight films, 10416-10418. Re-landing goods entered for exporta- tion with drawback, 5752. Tokens, prints, etc., similar to coins, 10341. Trusts in restraint of trade, 8831. Women for prostitution, 4247. Imports, admitting entries for less than legal duty, 10236. Concealing or destroying invoices, etc., 10232. Foreign articles sold at less than mar- Ret price abroad, 8836m. Liquors, 5651, 5652. Obscene Imatter, 5300. Transportation in bonds, breaking and entering Vehicles containing, 57.01. Imprisonment of foreign ministers, 7610. Incést, 10490. Inciting, etc., 10168. - - Inciting revolt or mutiny on shipboard, 10465. rebellion or insurrection, Indecency, matter on Wrappers or envel- opes, 10382. Placing indecent pictures in tobacco packages, 6204. Indian agents, false entries by, 4001. Indian contracts, government agents and employés interested in, 6893. Indian country, arson, 4146. Assaults, 4145. Forgery, 4147. CRIMES AND OFFENSES (Cont'd) Indian country (Cont'd) General laws as to punishment of ex- tended to, 4148, 4149. Exception of crimes committed by One Indian against another or to Indians punished by the local law, etc., 4149. - Introducing liquor into, proceedings and punishment, 4136a, 4137–4143. Indian lands, inducing conveyance by of trust interest in lands, 10227. Setting fires on, 10220, Timber depredations, 10217. Indian reservations, failure to extinguish fires on, 10220. Indians, see Indians. - Information, Federal Trade Commission employees making public, 8836j. - Giving advance information of crop re- ports, 10293. Informers, extortion by, 10315. Infringement of copyright willfully for profit, 9549. Infringement of patents, trade-marks, and copyrights on exhibit at Panama-Pacific Exposition, 9527. ..] Injunction against liquor nuisances in District of Columbia, violation of, 342.1%hh. Injuries, fortifications, etc., 10208. Letter boxes, etc., 10368. Property on Hot Springs Reservation, 5263 River and harbor improvements, 9909. | Survey marks, 10224. United States telegraph, etc., lines, 10228. - Works used in connection with hy- draulic mining, 10026. Inns, deprivation of civil rights, 3927. Insecticides and fungicides, manufacture of adulterated or misbranded, 8765. Shipment, delivery, etc., 8766. Insect pests, mailing letters containing, 8749. Insignia, American National Red Cross, fraudulent representatives of, use of, Inspection, forgery, etc., of meat inspec- tion labels, 8683, 8711. Goods from contiguous country, ob- struction of, 5813. Obstructing inspection to determine violations of Child labor law, 8819e. Inspection of steam vessels, carrying pas- Sengers Or gunpowder Without Cer- tificate or license, 8.185. False certificate by inspector, 8.186. Fºy Stamping Steel boiler plates, 9 Inspector of customs, neglect of duty, 5568 Inspectors of steam vessels, false certifi- cates, 81.86. In Surrection, see Insurrection. Intent, mailing articles with injurious in- tent, 10387. Interest, army officer in sale of Victuals, etc., 2308a, art. 87. Government agents, 10205. Government agents and employés in Indian contracts, 6893. Internal revenue agents in manufac- ture of tobacco, Spirits, etc., 5856. Mail contracts, 10396. Member of Congress in public con- tracts, 10284. Officers in claims States, 10278. Public printer in contracts, 6990. Interior department, officers failing to make return of postal contracts, 6898. Internal revenue, adulterated, process, or renovated butter, failure of manu- facturer to place label and notice on package, 6236. Adulterated, process, or renovated butter, failure of wholesale deal- er to keep books and render re- turns, 6241. - Sale of butter unlawfully packed, 6235. Selling butter not stamped or with fraudulent stamp, brands, etc., 235. Violation of regulations as to in- spection of butter or as to marks, brands, etc., 6239. Carrying on business without payment of tax, filled cheese, 5969. i Liquors, 5965. Oleomargarine, 5967. against United indicated.] CRIMES AND OFFENSES (Cont'd) Internal revenue (Cont'd) Carrying on business without payment of tax (Cont'd) Process, renovated, or adulterated butter, 5968. Rectifier, 5966. Cigarettes, fraudulent packing, stamp- ing, 6202 Cigars, customs officer permitting im– ported cigars to pass out of his Custody without payment of in- ternal-revenue tax, etc., 62.11. Failing to destroy stamps on emp- ty boxes, or selling, etc., 6214. Failure of manufacturer to give bond or obtain certificate, 6197, Failure of manufacturer to keep books, records, etc., 6200. Failure of manufacturer to keep Sign, 6.198. Failure of manufacturer to place label and notice on boxes, 6203. Frauds in manufacture of, on com- rmission or shares, 6209. Fraudulent packing, stamping, etc., 6202. - Packing in boxes containing false Stamps, 62 Removal from manufactory with- out being properly boxed, stamp- ed, branded, etc., 6207. Selling imported cigars not stamp- ed as required by law, 6212. Disposing of or receiving empty stamp- ed packages and other offenses relat- ing to Stamped packages, 6357. Distilled Spirits, adding substance to Create fictitious proof, 5987. Affixing imitation stamps on pack- ages, 6108. - Altering or re-using stamps for imitation wines, 6110. Breaking locks, etc., on apparatus after reduction of capacity of dis- tillery, 6093. Breaking locks, etc., on distillery receiving cisterns, 6006. Buying or Selling spirit casks hav- ing inspection marks, 6106. Carrying on business of distiller Without giving bond, 6021. - Carrying on business of rectifier, etc., without payment of tax, 5966. Defrauding or attempting to de- fraud United States of tax, 5993. Pºlation at prohibited places, Pºins after suspension of work, 092. Employment by gauger of distiller, etc., to perform his duty, 6031. Fºre of distiller to give bond, 997. Failure of distiller to place sign ºatins Inature of business, Failure of rectifier or wholesale dealer to keep books, 6100. Failure to comply with provisions for deposit in special bonded Warehouses for grape brandy, 6049. Failure to deposit in general bond- ed Warehouses on removal from distillery warehouses, 6065. Failure to gauge, brand, etc., ºts drawn into new packages, Failure to give notice of intention to carry on business of distiller or rectifier, 5995. Failure to keep or destruction of distillers’ books, 6085. Failure to make returns by whole- sale liquor dealer as to quantity of Spirits received, 6104. Fº entries in distillers’ books, 9. False entries in or destruction of books of rectifier or 'wholesale dealers, 6100. Forging stamps, etc., used in bot- tling in bond, 6076. Fraudulent collection of draw- backs, 6125. Fraudulent inspection, gauging, etc., 6033. - Noncompliance with regulations concerning furnaces, tubs, dou- blers, and worm-tanks, 6007. Operation of distilleries on Sun. day, 6024. GENERAL INDEX [References are to sectio CRIMES AND OFFENSES (Cont'd) Internal revenue (Cont'd) - Distilled spirits (Cont'd) Possession of nonregistered stills, Purchase in quantities of more than 20 gallons, 6101. Recovery of alcohol from denatur- ed alcohol, 6137. Rectifying unlawfully, 6099. Removal from distillery or recti- fiers during prohibited hours, 6109. Removal from general bonded warehouse in violation of law, 6065. Removal, on which tax is not paid, to any place other than distillery warehouse, 6038. Re-using stamp or bottle after bot- tling in bond, 6075. Storekeepers and persons in charge of distillery warehouse, allowing spirits to be removed without order of collector, 6080. Transporting casks having uneffac- ed brands, stamps, etc., 6105. Unlawful distillation, 6022. Unlawful operation of vinegar fac- tory, 6022. • re. Unlawful recovery from fortified wines, 6122. & & Unlawful transportation of Spirits withdrawn from bonded Ware: house for exportation without payment of tax, 6125. Unlawful use of alcohol manufac- tured by farmers for denatura- tion, 6137. 's Unlawful use of alcohol with- drawn from bond without pay- ment of tax for purpose of de- naturing, 6136. -> Unlawful use of wine spirits for fortifying pure sweet wines, 6117. Use of false signs by distillers, etc., 6019. Use of material in or removal of spirits from distillery in absence of storekeeper, 6025. Use of stamps in violation of law, Using false weights or measures in distillation, 6086. - Using unregistered materials in distilling, 6086. Withdrawal from bond for purpose of making sorghum Sugar in Vio- lation of law, 6069. Working for or conveying goods to distillery having no sign of the nature of its business, 6019. District attorney or marshal compro- mising violations of law, 5893. Failure to make returns, 5896b, 63364. False or fraudulent returns, 5896b. False returns or refusing to produce books, etc., with intent to defeat as- sessments, 5901 Fermented liquors, affixing fraudulent stamps by brewer, 6.148. * Bottling on brewery premises, 61. Drawing from package without stamp or without defacing stamp, 6150. Evasion of tax, 6146. Failure of brewer to affix and Can- cel stamps, 6148. F; entries in books by brewers, 146. Making, selling, or using false stamps or dies, 6153 - Removal or defacement of beer stamps, 6160. Removing or re-using stamps, 6153. Selling, removing, or buying in packages without stamp, false stamp, or twice-used stamp, 6149. Withdrawing from unstamped packages for bottling, 6161. Filled cheese, carrying on business without payment of tax, 5969. Failure of dealer to display signs, 6246. Failure of manufacturer to give bond, keep books, etc., 6244. To place label and notice on packages, 6247. Failure to destroy stamps on emp- tied package, 62.53. [Page 20611 CRIMES AND OFFENSES (Cont'd) Internal revenue (Cont'd) Filled cheese (Cont'd) - brands, Selling without stamps, etc., , or with false stamps, brands, etc., 6245. Forging, counterfeiting, etc., or fraudulently using or selling stamps for playing cards, 6314. Fraudulently claiming drawback, 6337. Fraudulently executing or simulating documents required by internal rev-. enue laws, 6353. Having property in possession with intent to sell in fraud of internal revenue laws or to evade tax, 6354. Income tax, collection of foreign pay- ments, etc., without license, 6336i Failure to make or making false returns, 63.364. Mixed flour, failure to destroy stamps On emptied packages, 6267. Failure to mark or brand packages Or insert card showing contents in same, 6259. Failure to mark or brand packages ºn from original package, Purchasing, etc., from manufac- turer, etc., who has not paid tax, 6265. Purchasing, etc., imported flour not branded, labeled, or stamp- ed, 6264. Sale in unlawful packages or with false brands or marks, etc., 6260. Second offense, 6270. Obstructing officer, 5900. Oleomargarine, carrying on business without payment of tax, 5967. Defacement of stamps, etc., 6227. Evasion of tax, 6229. Failure to place label and notice on packages, 6219. Reissuing stamped packages, 6225. Sale in unlawful packages, false branding, stamping, etc., 6218. Sale of imported oleomargarine not stamped, etc., 6222. - Removing or concealing articles with intent to defraud United States of internal revenue taxes by Various devices enumerated, 6351, 6352. Sales of goods to avoid forfeiture un- der internal revenue laws, 6356. Stamps, see Stamps under this head- Ing. - Tobacco and snuff, affixing false stamps or using stamps twice, 6184. Failure of dealer in 1eaf toba,CCO to keep books, 6168. Failure of manufacturer to affix label and notice on packages, 6171. Failure of manufacturer to keep books, make inventory, or give monthly abstracts, 6166. Failure of manufacturer to obtain loond or certificate and to post same, 6163. Failure of manufacturer to put up signs, 6164. Failure of peddler to exhibit cer- tificate, etc., 6.190. Failure to destroy stamped portion of empty packages of tobacco, etc., buying, selling, or using same, 6.185. Fraud by persons manufacturing on commission or shares, 6179. Fraudulently claiming drawback on manufactured tobacco, 6196. Peddling unlawful, 6191. Placing lottery tickets or indecent §o immoral pictures in packages, 204. Relanding tobacco, etc., exported without payment of tax, 6.192. Removing from manufactory with- out stamp, selling unlawfully, etc., 6183. Removing otherwise than as au- thorized, or selling without pre- º stamps, by manufacturers, 6181. Sale of unstamped packages, 6170. White phosphorus matches, affixing insufficient stamps, 62.75. Evasion of tax, 62.77. ns, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) Internal revenue (Cont'd) White phosphorus matches (Cont'd) Fºre to brand, mark, or stamp, Removal, defacement, or reuse of Stamps, 62.76. - Removal of labels, 6282. ‘Selling, etc., unstamped, 6274. Unlawful exportation, 6281. Internal revenue agents, disclosure of op- erations of manufacturers, 5856, 5887. Extortion, receiving unlawful fees, 5856, 5889. Not to be interested in manufacture of tobacco, etc., spirits, etc., 5856. Internal revenue officers, compromise of violations of law, 5889. Cºring to defraud United States, Disclosure of operations of manufac- turers, 5887. Embezzlement by, 10265. Fººtion, receiving unlawful fees, 9. - Fºe to report violations of law, False entries, Or re- turns, 5889. False statement of fees, 5879. Issuing stamps before payment, 5891. Neglect to perform duties, 5889. Permitting imported tobacco to pass out of their hands without payment of tax, 6.186. . Permitting violation of law, 5889. Unlawful collecting, special - against rectifier, 5971(3). Interned persons, leaving limits of in- ternment, 10182h. Interrupting surveys, 10225. Intimidation, conspiracy to intimidatº party, witness or juror, 10306. Intoxicating liquors, see Intoxicating Liq- UlOPS. Intoxication of locomotive engineers, etc., in District of Columbia, 34.21%. n. Iºlon in Wind Cave National Park, certificates, tax Invoices, concealing or destroying, 10232. False, 5524, 5548. - Involuntary servitude, bringing kidnap- ped person into United States, 10444. In Philippines, 3884, Issuing notes for less than one dollar, Judges, forged signature of, 10300. Judicial Code, effect of, 1277. Judicial officers, accepting bribe, 10302. Bribery, 10301. Jurors, accepting bribes, 10303. Attempting to influence, 10305. By writing, 10307. Conspiracy to intimidate, 10306. Discrimination against by reason of race or color, 3929. Kidnapping for slavery, 10441. Bringing captured person into United States, 10444. - Land patents, counterfeiting, etc., California, 5117-5119. Larceny, see Larceny. Law of nations, defining and punishing, power of Congress (Const. art. 1, 8, cl. 10). Unlawful issue of process against for- eign public ministers, 7611, 7612. Violation as to foreign ministers, 7610. Laws repealed, 10515. Letter boxes, injuring, 10368. Letter carriers wearing uniform without authority, 10357. Letters patent, forging, etc., 10191. Libelous matter on wrappers or erive- lopes, 10382. - Life preservers, manufacture, sale, etc., of improperly constructed, 8258. Lighthouse service, establishment of lights without permission of lighthouse board, 8439. Lights on bridges, etc., failure to main- in tain, 8441. - - Lime, selling in unmarked barrels, and containers, 8907.j. Ilive-oak or red-cedar timber, cutting or destroying, 4980. Loans, bank examiners accepting, 9833. Court officers, receiving, 10268. g Lotteries, see Lotteries. Magazines, failure to mark paid edito- rials, etc., as advertisements, 7314. GENERAL INDEX [Page 20621 [References are to sections, except where otherwise CRIMES AND OFFENSES (Cont'd) Mail, assaulting custodian with intent to rob, 10367. Bags, injuring, 10359. Carrying by private express, 10351. Carrying by private person, 10356. Carrying letters out of, routes, 10354. ºne letters out of on vessels, Concealing, secreting, embezzling, etc., 10364. Contracts, employés interested in, 10396. Depositing or carrying matter relat- ing to lotteries, gift enterprises, etc., 10383. - Deserting, 10369. Detaining or destroying newspapers by post master, etc., 10366. Enclosing higher in lower class mat- ter, 10391. Failure of foreign vessel to deposit letters in post office, 10373. Failure of master of vessel to deliv- er, 10370. Failure to mark paid editorials, etc., as advertisements, 7314. False claims for lost or registered mail, 10394. False evidence to secure second class rates, 10393. - False returns by postmasters as to special delivery matter, 7289. Ferrymen delaying, 10372. Fraudulently increasing 10398. Illegal carrying, 10350. Indorsement to procure mission, 7385b. Injury to letter boxes, etc., 10368. Letters carried in foreign vessels to be deposited in post office, 10373. Letters etc. advocating treaSOn, 10401b. Letters etc., in violation of Espion- age Act, 10401a. Libelous and indecent matter on wrapper or envelope, 10382. Locks or keys, stealing or forging, 10361. Mailing articles with injurious in- tent, 10387. Mailing explosives, 10387. Mailing letters, etc., containing in- sect pests, 8749. Mailing or taking from mail obscene weight of, free trans- matter, 5300, 10381. Obstructing, 10371. Offenses against foreign mail in transit, 10399. i Perjury by sureties on bond of bidder on contract of carrier, 7434. Post master or postal employés, de- taining, etc., 10365. Robbing, 10367. Sending letters by private express, Transporting persons unlawfully con- veying, 10352. Use of, for advertisement, etc. of intoxicating liquors intended for prohibition states, time of taking effect of act relating to, 10387d. For seditious or disloyal purpos- es, 10401d. - For transmission of matter de- clared non mailable, 10401c. Using fraudulent or fictitious address, 3 Using to promote fraud, 10385. Vehicles claiming to be carriers, 10358. Maiming, 10456. Maltreatment of crew by officers of ves- sel, 10464. Manifests, failure to have correct, 5506. Failure to produce or certify, 5511. Nondelivery, 5811. Manslaughter, see Manslaughter. Marine corps, discrimination by proprie- tors of theatres, etc., against per- sons wearing uniform of, 10496. Uniºn, use of, 1949a, Appendix p. 1753. (Marriage, failure to record, etc., certifi- cates of, 10492. - Masters of vessels, depositing refuse in New York Harbor, 9.934. - Failing to render assistance to per- sons found at sea, 7991. Failing to stand by after collision, on post - CRIMES AND OFFENSES (Cont'd) Masters of vessels (Cont'd) Failure to comply with orders for de- portation of aliens, 4270. Failure, to deliver mail, 10370. Failure to report on arrival, 5471. . Neglect to comply with requirements as to vessels in trade on northern frontier, 5837. Permitting laborers to land under Chinese Exclusion Act, 4291, 4305. Matches, white phosphorous, affixing, in- sufficient stamps to packages, 6275. White phosphorous, defacement or re- use of stamps, 6276. Evasion of tax, 62.77. Failure of manufacturer of to affiX label on packages, 6282. Failure of manufacturer to brand, mark or stamp, 6282. Removal of labels, 6282. Selling, etc., unstamped, 6274. Unlawful exportation, 6281. Meat inspection, forgery, etc., of marks, etc., 8681(9), 8683, 8711. Sale of diseased meat, 8681(21). Transportation of condemned carcass- es, 8715. Tºportation of unsound carcasses, 8712. - Violation of provisions, 8681(18). Meat inspectors, bribery, 8681(20). Medal of honor, unauthorized use of, 5470, 1940a. - Member of congress, accepting bribes, 10280. Contested elections, failure of witness to attend or testify, 173. Failure of Witness to produce par- - pers, 180. Contributions for purpose of influenc- ing election of, 198. Interest in public contracts, 10284. Making official contract with, 10285, 10286. Offering bribes to, 10281. Practicing in Court of Claims, 1135. Receiving pay in matters affecting United States, 10283. - - Taking consideration for procuring contract, etc., 10282. Merchandise, transfer of, under customs laws, 5556 Merchant seamen, boarding vessels be- fore arrival, 8387. Carrying sheath knives, 8389. Corporal punishment prohibited, 8391. Desertion, disobedience, assaults, damage to vessel, embezzlement and smuggling, 8380. Drunkenness and neglect of duty, 8383 Entry of offenses in log book, 8381. Flogging seaman, 8391. Forfeitures, enforcement and dispos- a1 of, 8384, 8385, 8390. Sailing of unseaworthy vessel, 8350. Shanghaiing, 10250. Soliciting as lodgers, 8388. wages to be appropriated to costs of conviction, 8386. Mesa Verde National Park, removal of ruins, etc., 5241. º º Migratory game and insectivorous birds, taking during closed, seasºn, 8837(2). Migratory game and in Sectivorous bird treaty act, violation of, 8837f, Appendix p. 1795. Military academy, hazing at, 2248. Military bounty land warrants, forging, etc., 10241. Military camps, etc., prostitution, etc., - near, 2019b. 2019b, Appendix p. 1755. Military expeditions, organizing against friendly power, 10177. º Military parks, national, destruction, etc.. of monuments, trees, etc., 5284. National, hunting, etc., in, 5285. Mineral lands, unlawful cutting of tim- ber on, 4991. Mines, hydraulic, injury to navigable wa- ters, 10026. Hydraulic, injury to works used in connection with, 10026. Violation of regulations in territories, 3508. Mining claims in Alaska, false affidavit of report of improvements, 5051. Mining regulations in territories, viola- tion of, 3508. indicated.] CRIMES AND OFFENSES (Cont'd) Mints, altering scales or weights, 10336. Debasing coins by officers of, 10336. Embezzlement of metal by mint offi- cers, 10336. Misappropriating postal funds or proper- ty, 10395. Misdemeanors, defined, 10509. Misprision, of felony, 10316. Of treason, 10167. Mississippi river, violating regulations for navigation of South and Southwest pass- es, 9931. Mixed flour, see Internal Revenue under this heading. Mººns animal industry employés, Money, making or uttering coins, re- sembling, 10337. Money orders, counterfeiting, etc., 10388. Issuing unpaid for, 10380. Monopolies, see Monopolies. Mortgage, pension, 9077. Mount Rainier National Park, state laws to govern, 5227c. Moving pictures, prize fight films, trans- portation or importation, 10416-10418. Munitions of War, unlawful exportation, 7677, 7678. Violating tax act, 6336%k. Murder, see Murder. Mutilation, coins, 10335. National bank notes, Mutiny, see Mutiny. National bank notes, 103.19. iºns with advertisement thereon, Mutilating, etc., 10346. National banks, abstracting funds, 9772. Accepting United States notes as col- lateral, 9769. Ağs or abetting offenses, penalty, i 4 - 10346. counterfeiting, Embezzlement of funds, 9772. False entries, etc., 9772. False issuance, etc., of notes, 9772. Misapplication of funds, 9772. Officer, falsely certifying checks, etc., 9770, 9771. Political contributions, 10251. National cemeteries, injury to grave- stones, etc., 9376. National defense, obtaining, communicat- ing, etc., unlawful information respect- ing, 10210-10212. National forests, hunting, etc., in Grand Canyon forests, 5160. Hunting and fishing lands, 5187b. In Wichita Forests, 5157. National military parks, destruction, etc., of monuments, trees, etc., 5284. Hunting, etc., 5285, Hunting and fishing, 5227d, 5230d, 52480. National parks, Crater Lake Park, vio- lation of regulations, 5230. Mesa Verde National Park, removal of ruins, etc., 5241. Mount McKinley National Park, vio- lations of act relating to, 5249 uu. Platt National Park, violation of regu- lations, 5244. on protected Wind Cave National Park, intrusion in, 5236. Yellowstone Park, criminal laws of Wyoming applicable, 5192. Transportation of game from, 5193. Violation of regulations, 787f, 5193. National Training School for Boys, entic- ing boy from, 9405. Naturalization, see Naturalization. Naval, military, or official pass, forgery, etc., 10240C. Naval reserve force, unlawfully wearing badges. 2900%a (18). Navigation, bridge owners, failing to comply with order for removal of obstruction, 9970. Bridge owners, failing to comply with orders of secretary of War, etc., 9965. Failing to remove obstruction, 9964. Violating act regulating, 9965. Depositing refuse in navigable water, 9918, 9921. Lake Michigan near Chicago, 9946. New York Harbor, 9933. Potomac River, 9.942–9945, Dumping of dredgings, etc., 9926. GENERAL INDEX [Page 2063] [References are to sections, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) Navigation (Cont'd) Failure to comply with order for re- moval of obstruction, 9970. * e Hydraulic mine owners, etc., injuring, 10026. Obstructing or interfering with aids to, 8442, 8442a, Obstruction, 99.17. By vessels, floating timber or wrecks, 9920, 99.21. Regulation of use of navigable Wa- ters, violation, 9861. e South and Southwest passes of Mis- sissippi river, violating regulations for, 9.931. Wrecks, failure to mark, 9920, 9921. Navy, 2964-3036. - Desertion, 2953-2960. º Discrimination by proprietors of thea- ters, etc., against persons Wearing uniform of, 10496. Enticing desertion from, 10206. Hazing at naval academy, 2742–2748. Limitation of trials for, 3032, 3033. Officers, interference with election of- ficers, 10189. Intimidating voters, 10187. Prescribing qualification of Voters, 10188. Political contributions at navy yards, 2798. Punishment by courts-martial for of fenses in time of peace, 3034. .. Punishment by general court-martial, 3003. Punishment by officer temporarily commanding, 2986. Punishment for offenses committed on shore, 2984. . Punishment for offenses not specified in articles, 2982. Punishments by order of commander, 2985 Uniform, use of, 1949a, Appendix p. 1753. Witness failing to appear and testify, 3036. Navy department, officers failing to make return of postal contracts, 6898. Negligence, causing loss of life on steam- boats, 10455. Injury to submarine cables, 10088. Neutrality, see Neutrality. Newspapers, detention by postmaster, etc., 10366. Failure to mark paid editorials, etc., as advertisement, 7314. New York Harbor, depositing dredged material in unauthorized place, 9937. - Depositing refuse in, 9933, 9935. Fishing, etc., for shell fish, 9941. Officers, bribery, 9935. Towing dump material without per- mit, 9935. - Violation of regulations, 9935. Notes, of foreign banks, counterfeiting, 10328 Of foreign banks, uttering counterfeit, 10329. Issuing for less than one dollar, 1 Using plates to print without author- ity, 10320. Notice of copyright, fraudulent, 9550. e Numismatic books, illustrations of coins, etc., 10341. * Oath, false, applicant for lease on Hot Springs Reservation, 5254. False, for use of free bath house on Hot Springs Reservation, 5260. Omission of person in postal service to take, 10400. Obligation or other security of the Unit- ed States, defined, 10317. Forfeiture of counterfeit, 10342. Having in possession distinctive pa" per, 10320. Taking impressions of tools, ments, etc., 10322 Obscene literature, aiding in trade, etc., 10271 imple- Circulating, 10485. Importing and transporting, 10415. Mailing or taking from mail. 10381. Placing immoral pictures in tobacco packages, 6204. Obstruction, agent in charge of accused person delivered by foreign govern- ment, 101.23. CRIMES AND OFFENSES (Cont'd) Obstruction (Cont'd) Agent in charge of fugitives from state, 10127. Aids to navigation, 8442, 8442a. Child labor law, 8819e. Customs officers in boarding vessels, 71. Enforcement of law relating to peon- age, 10443 Escape from wrecked vessel, 10470. Inspection of goods and packages from contiguous countries, 5813. Internal revenue officer, 5900. Mail, 10371. Navigation, 99.17. Bºº owners failing to remove, 64. Failure to comply with order for removal, 9970. Vessels, floating timber, or wrecks, 9920, 9921. Process, 10310. Service of search warrant, 10496%r. Transportation, 8563(9). Offering in evidence document with false signature, 10300. . Offering presents to 10235. Officers, assaulting, 10310. Attempting to influence, 10305. Common carriers, embezzlement of moneys, property, etc., used in inter- state commerce, 8602a. Contracting beyond specific appropria- tion, 10266. Corporations, unlawful dealings with Other corporations where same person is director, officer, etc., 8835i. Violation of Anti-Trust laws, 88.35m. Crop reports, giving advance informa- tion of, 10293. Rnowingly issuing false, 10294. Custodian failing to keep public mon- eys, 10257. Destroying records, 10299. customs officers, In District of Columbia failing to enforce liquor law, 3421340. Exceeding authority in executing search warrant, 10496%u. Exercise of right of suffrage, 10190. Extortion, 10253. Failure of depositaries to safely keep deposits, 10256. Failure to deposit as required, 10259. Failure to make return of public con- tract, 6898. Failure to make returns or reports, 10269. Failure to render accounts, 10258. False certificates, 10275. Falsely certifying as to record of deeds, 10274. Falsely pretending to be, 10196. Immunity from official proscription, iºns or mailing obscene matter, Interested in claims against United States, 10278. Members of National Guard of Dis- trict of Columbia, 10279. Issuance of circulating notes to un- authorized associations, 9728. Obscene literature trade, etc., aiding in, 10271. - Persons affected by provisions relating to public moneys, 10260. Political contributions, by officers, 3270. To officers, 10291. Receiving in public office, 10289. Soliciting, 10288. Receipting for larger sums than are paid, 102.54. Receiving salaries from source other than United States, 3231a. IRegistry or record of vessel, 7773, 7774. Trading without license or embezzling in insurrectionary states, 10148. War, Navy, and Interior Departments failing to make return of public con- tracts to returns office, 6898. Official envelopes, fraudulent use of, 10397. Oleomargarine, see Internal Revenue un- der this heading. - Opium, concealing, etc., Smoking opium on vessel, 8801b. Dealing in, without registration or payment of tax, 6287g. - Disclosing information contained in orders for, or returns as to transac- tions, 6287k. CRIMES AND OFFENSES (Cont'd) Opium (Cont'd) - Fººtion in violation of regulations, 1e. Failure to register or pay tax, 62870. Importation by Chinese, 87.97. Manufacturer of smoking opium, non- payment of tax, etc., 6287e. Sale to natives of certain islands in Pacific Ocean, 10481, 10482. Unlawful importation, etc., 8801. Violation of act by manufacturer of Smoking opium, 6287e. Opposing enforcement of retaliatory sus- pºsion of privileges to foreign vessels, 782 - Organizing military expedition against friendly power, 10177. Owners of vessel, depositing dredged ma- terial in unauthorized place in New York Harbor, 9.937. Destroying vessels at Sea, 10473. Dumping refuse in New York Harbor in violation of permit, 9.935. Failing to furnish statement to per- sons in charge of river and harbor works, 9901. Failing to mark wrecks in navigable waters, 9920, 99.21. Towing dump material in New York Harbor without permit, 9935. Violating anchorage regulations for St. Mary’s River, 9956. Violating regulations for navigation of south and southwest passes of Mis- sissippi river, 9931. Panama Canal Zone, injuries to canal, etc., 10051j. Murder, 10051j. Violation of regulations affecting right to remain upon, 10051j. Pardoning power of President (Const. art. 2, § 2, cl. 1). Parties, conspiracy to intimidate, 10306. Passports, false issue of, 7628. - False making, etc., 7628d. False statements in application for, 7628b. - Furnishing, etc., for use by person other than to whom originally is- sued, etc., 7628c. Use, etc., of issued, etc., to another, 7628C. Use, etc., in violation of conditions, etc., 7628c. Use of, obtained through false state ments, 7628b. Violation of, 7610. Patents on exhibition at Panama, Pacifiº Exposition, infringement, 9527. Pauper affidavit, 1627. Peddling tobacco, 61.91. Pensions, assignment, mortgage, Sale, etc. of pension or pension certificate, 9077. Attorneys or claim agents demanding illegal fees, 8985, 9118, 10277. - Receiving compensation for procur- ing special act, 9119. Receiving compensation for prose- cuting claims of army nurses, 9071. Withholding discharge papers, etc., 9078. Withholding pension, 8938, 8985, 9114, 9115. - Demanding excessive fees from pen- sioners, 9114, 9115. Embezzlerhent by guardian, etc., 9111. False affidavits, and post-dating vouch- ers, etc., 9079. Forgery of indorsement of pension checks, 9109. Retention of certificate upon demand of commissioner of pensions, etc., 9077. Withholding claims under act relating to Spanish War, etc., 8985b, Appen- dix p. 1796. Peonage, holding or returning persons to, 10442 Obstructing enforcement of law, 10443. Periodicals, failure to mark paid editori- als, etc., as advertisement, 7314. Perjury, see Perjury. Personal property of United States, rob- bery of, 10213. Pharmacy, violation of regulations in con- sular districts in China, 76961. - Philippines, escape of foreign "fugitives after extradition from, 10.125. Involuntary servitude, 3884, Punishment, 3810. GENERAL INDEX [Page 2064] [References are to sections, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) |Piracy, 10463. - By aliens, 10478. e Under color of foreign commission, 10477. Confederating, etc., with pirates, 10480. Prosecution not affected by Chapter re- lating to neutrality, 10182. - Robbery, on shore by piratical crew, 10475. Place of committal of murder or man- slaughter determined, 10510. Plants, certificate of inspection, 8762. Violation of act relating to importa- tion, transportation, etc., 8762. Platt National Park, violation of regula- tions, 5.244. Pledge, postal stamps, unlawful, 10378. Plundering vessel in distress, etc., 10470. Poisons, sale in consular districts in China, 7696l. Political contributions, by national banks, - etc., 10251. - At navy yards, 2798. To officers, 10291. - By Officers and employés, 3270. Receiving in public office, 10289. Soliciting, 10288. Political parties, contributions for influ- encing election of members of congress, 198. Polls, unlawful presence of troops at, 10186. - forgery, Polygamy, 10486. K Possession, blank certificate of citizenship for unlawful use, 10245. Counterfeit, foreign securities, 10330. Counterfeit plates of foreign securities, 10331. etc., Distinctive paper for obligations of TJnited States, 10320. Forged, etc., papers, 10.194. Property with intent to sell in fraud of internal revenue laws, 6354 Postal service, 10349–10401. Assaulting mail custodian with intent |. to rob, 10367. - Assault on postal clerk, 10363. Breaking into and entering post-office, 62. Carrying letters out of the mail on post routes, 10354. - On vessels, 10355. - Carrying of mail by private person, when lawful, 10356. Cºns of mails by private express, 10351. - Collecting unlawful postage, 10377. cºnation to fix prices for supplies, Conducting post office without author- ity, 10349. - Contracts, officers of war, navy, and interior departments, failure to make return of, 6898. - Counterfeiting, 10388. Postage stamps, 10389. - Foreign stamps, 10390. Depositing or carrying in mails mat- ter relating to lottery, gift enter- prise, etc., 10383. Deserting the mail, 10369. Fºres interested in mail contracts, Failure of master of vessel to deliver mail, 10370. Failure of vessel to deliver letters be- fore entry, 10374. Fºre % account for postage due, eLC., • . Failure to mark paid editorials, etc., as advertisements, 7314. - False evidence to secure second-class postal rates, 10393. - False returns by postmaster to in- crease compensation, 10376. As to special delivery matter, 7289. Ferrymen delaying mail, 10372. etc., money orders, Fraudulently increasing weight of mail, 10398. - - Fºlent U1Se of Official envelopes, Illegal carrying of mails, 10350. Tnclosing higher in lower class mat- ...ter, 10391. - - Indorsement of mail matter to pro- cure free transmission, 7385b. Inducing or presenting false claims for loss of registered mail, 10394. CRIMES AND OFFENSES (Cont'd) Postal service (Cont'd) Inducing purchase of stamps to in- crease pay, 10378. Injuring mail bags, 10359. Injury to letter boxes, etc., 10368. Issuing unpaid-for money orders, 10380. Letters carried in foreign vessels to be deposited in post-office, 10373. Failure to deposit in post-office let- ters carried in foreign vessel, - 10373. Libelous and indecent matter on Wrap- per or envelope, 10382. Mailing articles with injurious intent, 10387. Mailing eXplosives, etc., 10387. Mailing intoxicating liquors, 10387. Mailing letters, etc., containing Sect pests, 8749. Mailing or taking from mails obscene matter, 10381. Misappropriating postal funds or prop- erty, 10395 Obstructing mail, 10371. Offenses against foreign mail in tran- sit, 10399, - Qfficial acting as lottery agent, 10384. Omission of person in postal service to take oath, 10400. Permitting mailing of newspapers or periodicals without prepayment of postage, 7311. “Postal service” defined, 10401. Postmaster, etc., detaining or destroy- ing newspapers, 10366. Postmaster, false returns as to special delivery Jimatter, 7289. Postmaster or postal employés detain- ing, etc., mail matter, 10365. Publisher of newspaper or periodical, failure to make affidavit, 7311. Robbing mail, 10367. Sending letters by private 103.52. Special delivery messengers, 7291. Stealing or forging mail locks or keys, in- express, 10361. - Stealing post-office property, 10360. Stealing, Secreting, embezzling, etc., mail matter, 10364. Transporting persons unlawfully con- veying mail, 10352. Unlawfully entering post-office car, etc., 10363. Aiders and abettors, 10363. 10378 e Use of official indorsement to avoid payment, 7376. Using canceled stamps, etc., 10375. Using fraudulent or fictitious address, Using mails to promote frauds, 10385. Vehicles claiming to be mail carriers, 10358. Wearing carrier’s uniform without au- thority, 10357. Botomac River, depositing refuse in, 9942- 9945. Power of attorney, false demand on fraud- ulent power, 10.198. Forging, etc., 10193. President, threats against, 10200a. Principals defined, 10506. - - - Printing advertisement on securities, 10347. Prisoners, allowing to escape, 10308, 10309. Rescue of... 103.13. tation, 10416–10418. Prize fights, etc., 10493. Defined, 10494. Pugilistic encounter, defined, 10494. Prize property, fraudulent interference with delivery, etc., 10202. Process butter, carrying on business of manufacturer or dealer Without pay- ment of tax, 5968. Violation of regulations as to inspec- tion, 6239. Process, obstructing, 10310. Stealing or altering, 10297. Unlawfully issuyng against foreign public ministers, 7611, 7612. Proscription, immunity from official, 10290. Prostitution, importation of women for, 4289%bb. - Near military camps, etc., 2019b. 2019b, Appendix p. 1755. Public buildings and grounds, disorderly conduct, 3337. Public contracts, carrying mail, perjury by sureties on bond of bidder, 7434. Unlawful pledging or sale of stamps, Prize fight films, transportation or impor- - CRIMES AND OFFENSES (Cont'd) Public contracts (Cont'd) º Fºes interested in mail contracts, Forging, etc., 10192, 10193. Indian contracts, government agent, etc., interested, 6893. Member of Congress interested, 10284. Qfficer failing to make return of, 6898. Public printer interested, 6990. Public lands, agreement to prevent bids at land sales, 10226. Bird-breeding grounds, hunting, tak- ing eggs, etc., 10252. Boxing, etc., trees for turpentine, etc., 10218. Breaking fences driving cattle, etc., on, 10223. - Counterfeiting, etc., land in California, 5117-5119. Cutting or destroying live oak or red cedar timber, 4980. Destroying monuments, etc, marking Springs on desert lands, 4684e. Excessive fees under land laws, 4546. Fires, failure to extinguish, 10220. Setting fire to timber, 10219. Fraudulent settlement on public lands in Oklahoma, 5025. Indians, inducing conveyance by, of trust interests, 10227. sº marks, injuring or removing, patents, etc., Surveys, interrupting, 10225. Timber and Stone lands, false swear- ing by applicant to purchase, 4672. Timber depredations, on reservations or Indian lands, 10217. Rights of entrymen, 10216. Trespassing on Battle Mountain Sani- tarium Reserve, 92.87. Trespassing on Bull Run National For- est, Oregon, 10222. Unlawful inclosure or occupancy, 5000. Willful and false representations to purchaser of, 10226a. Publisºners, Custodian failing to keep, Disbursing officers unlawfully using, 10255. Embezzlement, 10214. . By consular officers, 3192. Fº of depositaries to safely keep, Failure to deposit, 10259. Persons affected by provisions relating to, 10260 Receiving unauthorized deposit, 10264. Public office, feceiving political contribu- tions in, 10289. Public printer, fraud of, 6989. Interest in printing contracts, 6990. Public property, clerks in treasury depart- ment carrying on trade in, 378. Misappropriating postal property, 10395. Robbery of personal property, 10213. Stealing post office property, 10360. Trading in by collecting or disbursing officer, 10272. Unlawful purchase, 10199. Pugilistic encounter defined, 10494. Quarantine laws, 9164, 9170, 9175. Laws and regulations between states, 9176–9178. - Moving animals from quarantine state, 8705. Transportation of animals from quar- antine state, 8705. Trespass, 9164. Violation of laws and regulations be- tween states, 91.76–9178. Radiotelegraphs, disclosure of messages, 10.103(19). - Employment of unlicensed persons as Operators, 10102. Failure of masters to enforce regula- tions as to wireless apparatus, 8264. Use or operation without license, 10100. Uttering or transmitting false or fraudulent signals, 10106. - Willful or malicious interference with communications, 10104. Rape, 10451. Rebates, accepting, etc., from carriers, 8597. Rebellion, inciting, etc., 10168. Receipting for larger sums than are paid, Receivers, management of property ac- cording to state laws, 1047. - Receiving Stolen goods, see Receiving Stolen Goods. GENERAL INDEX [Page 2065] [References are to sections, except where otherwise indicated.] - CRIMES AND OFFENSES (Cont'd) Records, clerks of state courts refusing copies Qf, 1021. Destroying, etc., 10298. By officer in charge, 10299. Forging, etc, 10192. Recruiting for service against United States, 10171. Rectifiers, carrying on business without payment of tax, 5966. Failure to give notice of intention to carry on business of, 5995. Failure to keep books, 6100. False entries in or destruction of books, 6100. - Rectifying spirits unlawful, 6099. Removal of distilled spirits during prohibited hours, 6109. Red Cross, use of insignia, etc., of American National Red Cross, 7700. Referees accepting bribes, 10303. Registered mail, false claims for lost mail, 10394. Registry or record of vessels, 7773, 7774. Removal, destruction, etc., of ruins, mounds, etc., in Mesa, Verde National Park, 5241. Removing survey marks, 10224. Renovated butter, carrying on business of manufacturer or dealer without payment of tax, 5968. Violations of regulations as to inspec- tion, 6239. - Pepeals, criminal laws, effect, 10518. Laws of states adopted for punishing wrongful acts, 10462. Naturalization laws, 4352a.a. Not to affect penalties incurred, etc., 10517. Pending actions, etc., not affected, 10516. By revised statutes, effect on offenses under prior statutes, 10595. - Reports, clerks of district courts, failure to make, 1329. - Crop reports, giving advance infor- mation of, 10293. PÖnowingly issuing 10294. Failure to make, 10269. Federal Trade Commission Act, 8836.j. - Rescue, dead body of executed offender, 10314. . At execution, 10312. Person arrested, 10311. Prisoner, 10313. Seized property, 10233. Reservations, timber depredations, 10217. Reservoirs at headwaters of the Missis- sippi, violation of regulations, 9893. Residence, district judges, 968. Resisting immigration officers, 4289%i. Resisting revenue officers, 10233. Resumption of possession of property purchased by person in military or naval service, 30.78%f. Returns, failure to make, 10269. Revenue cutter service, discrimination by proprietors of theaters, etc., against persons wearing uniform of, 10496. Jurisdiction of civil courts, 8459%b (65). Revenue officers, accepting bribe, 5532. Bribery, 5531. . Falsely assuming to be, 10234. Resisting, 10233. Taking seized property from, 10239. Revolt or mutiny on Shipboard, 10466. Inciting, 10465. River and harbor improvements, to, 9909. Private possession or use of, 9919, 992.l. Rivers and harbors, vessel owners, etc., failing to furnish statements to perSons in Charge of Works, 9901. Roads, refusal to perform work or pay tax in Alaska, 3598. Robbery, 10457. Assaulting mail custodian with intent to rob, 10367. Personal property of United States, 102.13. - On shore by piratical crew, 10475. Train robbery, 10495. Rosettes of enlisted reserve corps, unau- thorized use of, 1892e. Running away with or yielding up vessel or cargo, 10479. Safe conduct, violation of, 7610. St. Mary’s river, violating anchorage reg- ulations, 9956. - Sales, agreement to prevent bids at land sales, 10226. ' . COM.P.S.T.’18—130 false, injury CRIMES AND OFFENSES (Cont'd) Sales (Cont'd) By alien property custodian, purchase for undisclosed principal, etc., 31.15%ff. Arms, ammunition, explosive substanc- es, intoxicating liquors or opium to natives of certain islands in Pa- cific Ocean, 10481, 10482. Cattle to persons not members of In- dian tribes, 4121. Diseased meats, etc., 8681(21). Imported seeds adulterated or unfit for seeding, 8747. Intoxicating liquors to Indians, 4140. Proceedings and punishment, 4136a, 4137–4143. Lime in unmarked barrels and con- tainers, 8907.j. Non-standard baskets for Small fruits and vegetables, 8907m. ſº Pension, 9077. Postage stamps unlawful, 10378. sº at mints or assay offices, altering, School arithmetics, illustration of coins, 10341. Seannen, See Merchant Seamen. Searches and seizures, neglect to assist customs officers, 5774. Rºal to allow under customs laws, 74. Search warrants, maliciously procur- ing issue of, 10496%t. Obstructing service, 10496%r. Officer exceeding authority, 10496%u. Vessels in slave trade, 10433–10438. Warrant for suspected gounterfeit money, etc., 10343. \ Secreting mail matter, 10364. Secreting or embezzling tools or materials for printing securities, 10325. Securing false entry of goods, 10237. Securities, counterfeit, forfeiture, 10342. Dealing in counterfeit, 10324. Foreign counterfeiting, 10326. - Having in possession counterfeit, 10330. - Possession of counterfeit plates, 10331. Uttering counterfeit, 10327. Forging or counterfeiting, 10318. Having in possession distinctive paper, for, 10320. Imitating, 10347. Obligation or other security of the United States defined, 10317. Printing advertisement thereon, 10347. Secreting embezzling tools or materi- als for printing, 10325. Taking impressions of tools, imple- ments, etc., for printing, 10322. Uttering, etc., forged obligations, 10321. Seditious conspiracy, 10170. - Seduction of passenger on vessel, 10453. Evidence, 10454. Seeds, importation of adulterated, etc., 8747 seized property, rescuing or destroying, 10233. Taking from revenue officers, 10239. Senators, contribution for purpose of in- fluencing election of, 198. - Receiving pay in matters affecting United States, 10283. Setting fires on Indian lands, 10220. Shanghaiing, 10250. Sheath knives, carrying by merchant sea- men, 8389. . Shell fish, fishing in New York Harbor channels, 9941. Ship’s papers, forging, etc., 10240. Signatures, offering in evidence document with false signature, 10300. Signs, distilleries, 6019. Failure of dealer in filled cheese to display, 6246. Failure of tobacco manufacturer to put up, 6164. Use of false by distillers, etc., 6019. Working for or conveying goods to distillery having no sign of nature Of business, 6019. Silver, counterfeiting coins or bars, 10333. Counterfeiting, etc., dies for United States Coin, 10339. - False stamping, 8802-8804. Articles made of, 8809. Slave trade, bringing slaves into United States, 10421. Confining or detaining board vessel, 10419. CRIMES AND OFFENSES (Cont'd) Slave trade (Cont'd) r & Equipping, etc., vessel for slave trade, 10422, 10427, 10428. - Forfeiture of interest in slave vessels, 10432. HOV ering on coast with slaves on board, 10424. Vessels to be forfeited, 10431. Instructions to masters of armed ves- sels, 10440. - Kidnapping for slavery, 10441. Bringing kidnapped person United States, etc., 10444. Owners of foreign vessels, when to give bond, 10439. - Receiving or carrying away person to be sold or held as slave, 10426. Receiving persons on board to be sold as slaves, 10430. Seizing slaves on foreign shores, 10420. Seizure of vessels in, 10433. Apprehension of officers and crew, 10436. Disposal of persons found on seized vessels, 10435. Proceeds of vessels paid into treas- ury, 10434. Removal of persons delivered from Seized vessel, 10437. To what port captured vessel sent, 10438. Serving on vessels in, 10425. Transporting persons to be held as Slaves, 10423. - Transporting slaves, 10429. Smuggling, 5548. By merchant seamen, 8380. Snuff, affixing false stamps, 6184. Fraud by persons manufacturing on commission or shares, 6179. Removal from manufactory, etc., with- Out Stamp, 6183. Selling without stamps, etc., 6181. Soliciting political contributions, 10288. Special delivery messengers, 7291. Stamps, boiler iron or steel plates, coun- terfeiting, 8.195. Internal revenue, affixing false stamps to tobacco and Snuff, 6184. Affixing fraudulent by brewer, 6.148. Affixing imitation stamps on dis- tilled spirits, 6108. Affixing insufficient stamps on White phosphorus matches, 6275. Altering or re-using for imitation wines, 6110. Defacement on packages of oleo- margarine, 6227. Defacement or re-use on, 6276. Disposing of empty stamped pack- ages, etc., 6357. . Drawing fermented liquors from package without stamp or with- out defacing stamp, 6150. Failure of brewer to affix and can- slaves on into cel, 61.48. - Failure to cancel, 6318C. Failure to destroy on emptied packages of filled cheese, 62.53. Failure to destroy on empty cigar boxes, etc., 6214. Failure to destroy on empty mixed flour packages, 6267. Failure to destroy stamped portion of emptied packages of tobacco, etc., 6.185. Failure to pay tax, 6318C. Fraudulent cutting and removing, etc., 6318d. Fraudulent usjūg, etc., 6318d. Issue, etc., , of unstamped docu- ments, 6318i, Appendix p. 1779. Issuing before payment, 5891. Making, selling, etc., false stamps for fermented liquors, 6153. Packing cigars in boxes containing false stamps, 6207. Playing cards, forging, feiting, etc., 6314. Purchasing, etc., imported mixed flour not stamped, 6264. Reissuing oleomargarine packages, 6225. ...Removal Or defacement of beer Stamps, 6160. Removing or re-using for ferment- ed liquors, 6153, Removing tobacco or snuff from manufactory without stamp, 6182. Re-using stamp or bottle after bot- tling in bond, 6075. r counter- GENERAL INDEX [Page 2066] [References are to sections, except where otherwise CRIMES AND OFFENSES (Cont'd) Stamps (Cont'd) - Internal revenue (Cont'd) Sale of imported oleomargarine not Stamped, etc., 6222. Sale of unstamped packages of to- bacco, etc., 6170. Selling, etc., fermented liquors in packages without stamp, etc., 6149. - Selling, etc., unstamped white phosphorus matches, 6274. Selling adulterated butter not Stamped, etc., 6235. Selling filled cheese without Stamps, 6245. Selling imported cigars not packed as required, 6212. Selling tobacco and Snuff, etc., without prepared stamps, 6181. Transporting casks having unef- faced Stamps, 6105. Unlawful possession or use of Washed, restored or altered Stamps, 6318d. Unlawful use of, 6098. Willful removal, alteration, etc., 6318d. Withdrawing liquors from un- jºred packages for bottling, 161. Postage, collecting unlawful, 10377. Counterfeiting, 10389. Foreign, 10390. Failing to account for postage due, etc., 10379. Inducing purchase to increase pay, 10378 Unlawful pledge or sale, 10378. Using canceled stamps, etc., 10375. State laws, depriving citizens of rights under color of, 10184. Stealing, mail locks or keys, 10361. Mail matter, 10364. Post office property, 10360. Stealing or altering process, false bail, etc., 10297. Steamboat inspectors taking illegal fees, 10276. Steam vessels, carrying passengers, etc., without certificate or license, 8.185. Carrying passengers in excess of number allowed, 8229. Counterfeiting stamps prescribed for boiler-iron or steel plates, 8195. Failure of master to enforce regula- tions as to Wireless apparatus, 8264. False certificate by inspector, 8.186. Fºy Stamping Steel boiler plates, Manufacture, sale, etc., of improperly constructed life preservers, etc., 8258. Negligence or misconduct causing loss of life, 10455. Obstructing safety-valves, etc., 8199. Supervising inspectors performing du- ties of office when not eligible, 8171. Vºlon of regulations in general, 75. Stolen property, receiving, etc., 10215. Stores, embezzlement, 10200. Submarine cables, failure of fishing ves- Sels to keep nets, etc., from, 10091. Failure to observe rules concerning Signals, etc., 10090. Failure of offending vessel to show na- tionality, 10093. Negligent injury, 10088. Willful injury, 10087. Subpoena, disobedience to subpoena, from registers and receivers, 4501.” ISSued by courts martial, disobedience to, 2308a, art. 23. Suffrage, exercise of right of by federal officers, etc., 10190. Sunday, operation of distilleries on, 6024. Supervising inspectors of steam-vessels, performing duties of Office when not eligible, 8171. Survey marks, 10224. Surveys, interrupting, 10225. Taking or using of or bathing in water of gºnes in Hot Springs Reservation, Taking seized property from revenue offi- cer, 10239. Telegraph lines, failure to crimination, etc., 10084 Injuries to, 10228. In territories, 10484-10496. Places applicable, 10484. procuring injuring or removing, operate, dis- Cit.IMIES AND OFFENSES (Cont'd) Telegraph lines (Cont'd) Repeal of state laws not to affect pros- ecutions, 10462. Theatres, deprivation of civil rights, 3927. Discrimination against persons Wear- ing uniform of army, navy, etc., 10496. Threats against President, 102.00a. Timber, cutting or destroying live oak or red cedar timber, 4980. Depredations, on reservations or In- dian lands, 10217. Rights of entrymen, 10216. Floating, obstruction of navigable Wa- ters, 9920, 99.21. - Violation of regulations, 9928-9930. o, mineral lands, unlawful Cutting, 91 º, Setting fire to on public lands, 10219. Timſber and stone lands, false swearing by applicant to purchase, 4672. Timo of taking effect of act, 10519. Tobacco, see Internal Revenue under this heading. Trade-marks on exhibition at Panama. Pacific Exposition, infringement, 9527. Trading in public property by collecting or disbursing officer, 10272. Trading with the enemy, 31.15%.hh. Train robberies, 10495. Transmitting forged, etc., papers, 10192, Transportation, animals, violation of reg- ulations, 8700. Chinese, etc., cooly trade, 4349. Condemned carcasses, etc., 8715. Diseased live stock, 8695. Game from Yellowstone Park, 5193. Goods stolen while in interstate COm- Imerce, 8603. . Illegally killed game, etc., 10412. Obscene books, etc., 10415. Obstruction during war with Ger- many, 8563(9). . Opium in China by citizens of United States, 8799. Passengers, 7997-8006, 8010-8014. Persons to be held as slaves, 10423. Prize fight films, 10416-10418. Slaves, 10429. . Unsound carcasses, 8712. Treason, see Trea,SOn. Trees, boxing, etc., 10218. - Destruction in national military parks, 5284. Trespass, Battle Mountain Sanitarium Re- || serve, 9287. Bull Run national forest, 10222. Qºntine grounds and anchorages, 164. Troops, unlawful presence at polls, 10186. Trusts, etc., in restraint of import trade, 31. Under statutes, etc., prior to repeal by Revised Statutes, etc., 10595. Jniforms, discrimination against persons wearing uniform of army, navy, etc., 10496. Foreign governments, unlawful wear- ing, 76.78%, Appendix p. 1788. Use prohibited, 1949a, 1949aa. 1949a, Appendix p. 1753. Wearing letter carrier’s uniform with- out authority, 10357. Iſnion Pacific Railroad, declaring unau- thorized dividends, etc., 10055. Frefusal to operate roads as continuous line, etc., 10057. - |United States, actions for forfeiture and damages against persons making false claims, 6411-6415. Canal regulations, violation of, 9861. Claims against, officers interested, 10278. - Conspiracy to commit offense against, 102.01. Enlisting for service against, 10172. Member of Congress taking pay matters affecting, 10283. Personal property, robbery, 102.13. Recruiting for service against, 10172. Telegraph, etc., lines, injuries, to, 10228. TJnited States notes, national bank ac- cepting as collateral, 9769. United States shipping board, foreign reg- istery of vessels, etc., 8146r (1), Ap- pendix p. 1789. Sale, charter, etc., of vessels in viola- tion of, 8146e, Appendix p. 1789. Violations, 8146p. in indicated.] CRIMES AND OFFENSES (Cont'd) United States shipping board (Cont'd) Violations of conditions of approval, 8146r (5), Appendix p. 1790. United States Tariff Commission, divulg- ing trade secrets, 53261. Unlawful cohabitation, 10487. Uttering, coins, resembling money, 10337. Counterfeit foreign securities, 10327. Counterfeit notes of foreign banks, 10329. Devices of minor coins, 10338. Forged or counterfeited bills of lading issued by interstate carrier, 8604u. Vegetables, use of non-standard contain- ers, 8907n. - Vessels, anchoring to obstruct or inter- fere with range light, 8442, 8442a. Arming against friendly power, 10175. Arming to cruise against citizens, 10476. Attacking With intent to plunder, 10471. Augmenting force of foreign armed Vessel, 10176. Boarding before arrival, 8387. Bonds from armed Vessels on clearing, 10180. Breaking and entering, 10472. Breaking lock or fastening on pending inspection under customs laws, 5773. Breaking or opening vessels sealed by customs officers, 5817. - Of British Dominion, violation of re- fººtory Suspension of privileges, 7830. Building, equipping, trade, 4344, 4345. Conspiracy to cast away, 10469. Damage to by merchant seamen, 8380. To deliver letters before entry, 10374. Departure from port of arrival before making report of entry, 5469. Destruction at sea by other person, etc., for cooly Detention by collectors of customs, 10181. Discriminations, rebates, etc., 81.46gg. Failure of foreign vessel to deposit let- ters in post office, 10373. Failure to make entry and pay duty on equipment for trade of adjacent countries, 5826, 5827. Failure to proceed to port of destina- tion with goods imported from ad- jacent countries, 5816. - Failure to report saloon stores, 5825. Fishing vessels, failure to keep nets, etc., from submarine cables, 10091. Foreign, compelling departure, 10179. Holding false lights, 10470. - Maltreatment of crew by officers, 10464. Obstructing customs officers in board- ing, 5771. Obstructing escape from Wrecked Ves- Sel, 10470. oº::ction of navigable waters, 9920, Offending against submarine cables, failure to show nationality, 10093. Owner destroying at sea, 10473. Plundering vessel in distress, 10470. Receiving persons on board to be sold as slaves, 10430. - Record or registry of, 7773, 7774. Removing goods pending inspection under customs laws, 5773. Revolt or mutiny on ship board, 10466. Inciting, 10465. Running away with or yielding up, 10479. Sailing unseaworthy vessel, 8350. Sea men laying Violent hands On COm- mander, 10467. Slave trade, bonds of foreign owners, 10439. Confining or detaining slaves on board, 104.19. Equipping for, 10422, 10427, 10428. Forfeiture of interest in slave ves- sels, 10432. Hovering on coasts with slaves on board, 10424. Forfeiture, 10431. Instructions to masters of armed vessels, 10440. Seizure, 10433–10438. Serving on vessels, 10425. Taking out of port in violation of embargo on exports, 7678c. Transfer to person not a citizen, etc., 8146.e. Unlading unlawfully, 5564. GENERAT, INDEX [Page 2.0671 [References are to sections, except where otherwise indicated.] CRIMES AND OFFENSES (Cont'd) Vessels (Cont'd) Unlading without permit, 5555. Violation of retaliatory suspension of privileges to vessels of British de- nomination, 7830. “Yºls of the United States” defined, viºr. unlawful operation of factory, 022. - Violence to foreign ministers, 7610. Viruses, serums, etc., 8784. For domestic animals, 8785 (8). Wages, violation of act requiring that wages of railroad employés be based on eight hour day, 86806. Wagon roads, etc., in Alaska, collecting toll without authority, etc., 5087. War department, officers failing to make return of postal contracts, 6898. Warehouses, agricultural products, desig- nation as bonded contrary to fact, 87.47%d. Agricultural products, licenses, for- gery, alteration, etc., of, 87.47%0. Receipts, false issuance, etc., 87.47%0. War Finance Corporation, violations of act, 31.15%j, 31.15%0. War materials, etc., destruction, etc., 10212h1/16, 10212h4%. Effective making, etc., 10212h”/16, 10212h44. Unlawful exportation, 7677, 7678. War risk insurance, false statements in claims, 514nn. Fraudulent acceptance of payment, 514nnn. Fraudulent obtaining or receiving of payments for under, 514nnnºš, Ap- pendix p. 1739. Unlawful charges, 514kk. Water supply in District of Columbia, 3314, 3315, 3318. . Wearing badges of members of naval re- serve force when not entitled thereto, 2900%a (18). - Weather forecasts, counterfeiting, 10229. Weights and measures, sale or shipment of barrels not standard, 8907d. Selling lime in unmarked barrels and containers, 8907.j. - TJse of non-standard baskets or con- tainers for small fruits and vegeta- bles, 8907m. TJsing false in distillation, 6086. Weights at mints or assay offices, alter- ing, 10336. White slave traffic, 8813–8817. Wholesale dealers, failure to keep books and render returns, 6241. False entries in or destruction of books, 6100. - w" - F; cheese, failure to display Signs, 6246. Liquor dealers, failure to keep books, 6100 Failure to make returns as to quantity received, 6104. Wind Cave National Park, intrusion in, 236. Wines, imitation, altering or re-using stamps, 6110. Landing without inspection, 5575. Unlawful recovery of spirits from for- tified Wines, 6122. TJnlawful use of spirits for fortifying pure sweet wines, 6117. Violation of law relating to, 61.14c. Witnesses, attempting to influence, 10305. Conspiracy to intimidate, 10306. Failure to attend or testify, etc., claim proceedings pending in Ex- ecutive Departments, 268. Congressional investigations, 157. Contested elections of members of House of Representatives, 173, Federal Trade Commission, 8836i. Iºtate Commerce Commission, 77. Navy, 3036. Registers and receivers, ings before, 4501. Workmen, enticing from arsenals or ar- mories, 10207. Wounding foreign ministers, 7610. Wrecks, obstructing escapes from Wreck- ed vessel, 10470. Obstruction of navigable waters, 9920, proceed- 99.21. Yellowstone Park, criminal laws of Wyo- ming applicable, 5192. Transportation of game from, 5193. Violation of regulations, 5193. CRIMINAL APPEALS ACT Text of act, 1704. CRIMINAL CODE See Crimes, and Offenses and Criminal Procedure, Qºd. Gross-references therewºnder. Text of act, 1009, 10165-10209, 10213–10226, 10228-10269, 10271-10278, 10280-10415, 10419- 10495, 10497–10519. CRIMINAL CODE AMENDMENT ACT Text of act, 10217, 10220. CRIMINAL CONVERSATION Discharge in bankruptcy, 9601. CRIMINAL PROCEDURE See Bail; Capital Offenses ; District Courts : Hot Springs Reservation ; Iºdictment ; Information ; Jurisdic- tion ; Limitations ; New Trial ; Summary Trials ; Venue or District of Swit. * - General provisions, 1674–1706. Accused’s rights (Const. a.m. 6). Philippines, 3810. Porto Rico, 3803a.a. Appeals, appellate jurisdiction over Yel- lowstone National Park, 1008. o;e on Hot Springs Reservation, offenses relating to submarine cables, 10099. Prosecution under act for prevention of injuries from Coast Artillery fire, 9862d, Appendix p. 1799. From Yellowstone Park commissioner to district court Wyoming, 5.194. Arrest and removal of offenders, 1674, 1675. Arrest of illicit distillers, 1676. - Aſſignment of cases for trial in Georgia, Attorney’s fees, 1378. Bail, see Bail. - Bill of costs of district attorney for pros- ecution of two or more indictments which should have been joined, 1621. Certiorari from supreme court to circuit court of appeals, 1217. Commitment, copy of writ delivered to sheriff or jailer, 1694. Several indictments against same per- son, 1693 - Continuance, internal revenue cases, 5954. Costs, award against defendant, 1615. Offenses in Hot Springs Reservation, 5270–5272. Offenses in Yellowstone Park, 5198. Crimes not infamous, prosecuted by in- dictment or information, 1686. Cutting, timber on public lands, defenses, Riº on payment for timber cut, etc., 8 Discharge of poor convicts, 1706. Discontinuance, prosecution under inter- nal revenue, 5953. District attorneys to prosecute, 1296. District courts, monthly adjournments for trial, 977. Due process of law (Const. am. 5). Election to sue for penalty under stat- utes conferring equal rights in inns, etc., or at common law not applicable to criminal proceedings, 3927. Evidence, burden of proof, opium, time of importation, 8801a. Certificate of marriage as, 10492. Conversion, 10263. Copies of returns of post-masters, etc., 1502 Customs cases, testimony of accom- plices, 5805. Embezzlement, 10262. Prima facie, 10262. Record, 1500, 10261. Transcripts from books of treasury department, 1500. - Failure of witness to attend or testify in contested elections of members of House of Representatives, 173. Failure to pay over postal funds, 10395. Failure to produce papers in contested elections of members of House of Representatives, 180. º Incriminating, compelling prohibited (Const. am. 5). Offer in evidence of document with false signature of judge, etc., 10300. Possession of game in Yellowstone Park, 5193. Possession of goods imported contra- ry to law, 5785. Possession of opium, 8801. Possession of Seal skins as, 8844. CRIMINAL PROCEDURE (Cont'd) Evidence (Cont'd) Presumptions, failure of defendant to Hºest calling of the witness, 0. Possession of opium, 6287n. Violation of fur seal act, 8844. Records of carriers transporting liq- ilors , , into District of Columbia, 342.1%b. Refusal to give, in congressional in- vestigations, 157. Seduction of passenger on vessel, 10454. Train robberies, 10495. Violation Of immigration 4289%bb. Violation of liquor laws, in Alaska, 3643j, 3643jj, 3643mn. In District of Columbia, 3421%ff, 342.1%gg. Examination of accused, sale of intoxicat- ing liquors to Indians, or introduction into Indian country, 4140. Fees, marshal. 1386, 1387. United States Commissioners, 1451. Finality of decision of court of appeals, District of Columbia, 1227. Former jeopardy (Const. am. 5). Conviction of officers of common riers, 8602a. Conviction of transporting products of child labor bar to prosecution for shipments before beginning of pros- ecution, 8819a. Habeas corpus, 1279–1293. Indictments, see Indictment. Infamous crimes, indictments, necessity (Const. am. 5). - Informations, see Information. Judgment, Anti-Trust Law, violation as prima facie evidence in other pro- ceedings, 8835e. Arrest of, writ of error on behalf of United States, 1704. - g - Circuit courts of appeals, finality, 1120. Juries, challenges, 1264. Disqualified in prosecution for big- amy, etc., 1265. - Pºptory challenges in capital cases, 169 laws, Car- Fºº trial by (Const. art. 3, § 2, Ci. 3). Jurisdiction, see Jurisdiction and Dis- trict Courts, Limitations, see Limitations. Live-oak timber depredation, 4982. National military parks, offenses in, 5286. Nolle prosequi, internal-revenue prosecu- tions, 5953. - Particular districts, 1052–1106. Persons arrested to be taken to nearest officer for hearing, 1678. Philippines, rights of accused, 3810. Pleas in bar, writ of error on behalf of United States, 1704. Writ of error on behalf of United States, unaffected, 1704a. Pleas in Porto Rico, style of, 3803d. Postal crimes, prosecution before State courts, 7192. Presentment, necessity (Const... am. 5). Process, issue by ministers and consuls of United States in certain foreign countries, 7634. Issue by Yellowstone Park commis- sioner, 5.194. Offenses on Hot. Springs Reservation, 5266-5268, sºe in Hot Springs Reservation, 526 Service in Platt National Park, 5245. Service in Yellowstone Park, 5191. Unlawful issue against foreign public ministers, 7611, 7612. Punishment, conviction not to work cor- ruption of blood or forfeiture of es- tate, 10498. Cruel and unusual prohibited (Const. 8 2.II). & ). In Philippines, 3810. In Porto Rico, 3803a.a. Death penalty by hanging, 10497. Delivery of body of executed offender for dissection, 10505. “Hard labor,” 10512. Imprisonment, 1674. Pardoning power, 10501; 2, § 2, cl. 1). Penalties, etc., incurred not affected by repeal of criminal laws, 10517. Immigration laws, 4289%u. Naturalization laws, 4352a.a. - Whipping and pillory abolished, 10499. (Const. art. GENERAL INDEX IPage 20681 [References are to sections, except where otherwise CRIMINAL PROCEDURE (Cont'd) Reconºgance, penalty, when remitted, Of witnesses, 1490. Removal of causes, against persons de- nied civil rights, 1013. Against revenue officers, etc., 1015. Against Soldiers, etc., 2308a, art. 117. Removal of offenders, 1674. Warrant, 1695. Revenue Cutter officers and employés, ju- risdiction of civil courts, 8459%b (65). Seamen, etc., sent home as witnesses, 1456. Search warrants, 10496%a-10496% W. Speedy trial, President to direct attend- ance of judge, marshal and district at- torney for purpose of, 3942. Standing mute, 1698. Summary trials, see Summary Trials. Testimony of witnesses before congress not to be used against them in crimi- nal prosecution, 1467. Transfer of causes, Arizona, 1055. Maine, 1070e. Montana, 1078. To other division of district, 1035. Trials, receiving stolen goods, etc., 10461. United States commissioners, records of, Verdict, less than offense charged, 1701. Part of several joint defendants, 1702. Qualified, in certain cases, 10504. Warrants, complaint attached, 1678. In districts of Wisconsin, 1105. Weights and measures, prosecutions on complaint of local officers, 8907e. Witness in behalf of indigent defendants, Competency of defendants, 1465. Confronting acgused (Const. am. 6). Fees as costs in proceedings before commissioners, 1622. - Incrimination, compelling prohibited (Const. am. 5). Obtaining for accused (Const. am. 6). Philippines, 3810. Porto Rico, 3803a.a. e - - Violation of liquor laws in District of Columbia, 342.1%.e. - Writ of commitment on several indict- ments against same person, 1693. Writs of error, on behalf of United States, 1. Conviction of crimes punishable by death, 1703. To state courts, 1230. Writs unnecessary for bringing into court prisoners, 1696. CROP ESTIMATES, BUREAU OF Duties, 795a. CROPS Census statistics, 4387. Homestead, extension of time on payment on failure of, 4554. - Leave of absence to settlers on fail- ure of, 4553, 4554. Removal by settlers in Greer County, Oklahoma, 5040. Hot Springs Reservation, injuries, penal- ty, 5263. Removal from forfeited railroad lands, 4908 v. Reports, Agricultural Department, 825-827. Giving advance information of, 10293. Officials knowingly issuing false, 10294. Printing monthly, number of copies, 3. tº Time for printing and distribution, 825a. .” . CRUEL AND UNUSUAL PUNISHMENT Seamen, 10464. CRUELTY Extra wages to seaman discharged on a C- Count Of, 8374. Navy, punishment, 2969(2). (CFRUEHLTY TO ANTHMIAHLS ACT See Aºimals and Alivinmal Industry. Text of act, 8651-8654. CUBA Army officer, details under government, 1998. Army service, computation for retirement, 2085-2087. Coaling stations for United States, 7679. Pºtion of relations with United States, Depositories of public money, 6580. Details of army officers, 1998. Imports from, fees regulations to be uni- form, 5324. Reduction of duties on, 5324. Intervention in, by United States, 7679. CUBA (Cont'd) Isle of Pines, title to, 7679. Lighthouse districts, 8434. Military occupations of United States, recognition of acts of, during, 7679. Naval stations for United States, 7679. Ordnance stores may be sold to, 3106a. Public debt, restrictions on, 7679. Recognition of independence of, 7679. Relinquishment of control of, 7679. Resident mail agents, 7544. Sanitation, 7679. Treaties with foreign powers, restrictions on, 7679. Treaty with United States, 7679. Underwood Tariff Act not to affect reci- procity treaty with, 52.93. vesses, gt. privileges of favored nations, 7821. Refund of light money, 7822. CUIVRE RIVER, | Missouri, non navigable, 9847. (C&OILHL'OM'ſ ACT See Interstate Com/merce. Interstate commerce, 8563-8567, 8569, 8571- 8576, 8581–8587, 8590-8592, 8594-8596, 8604a, 8604a.a. CULTIVATION See Homesteads ; Timber Culture. CHUMIBERLAND RIVER Water power leases, etc., 9988. CUMMINS ACT Text of act, 8592, 8604a. CHURRENCY See Certificates of Deposit; Circulat- £ng Notes ; Comptroller of Currency . Crimes and Offenses ; Depreciated Currency : Engraving and Printing ; Federal Reserve Banks : Fines and Penalties ; Fraction. Cºl Currency Gold : Lawful Money : Legal Tender; Miºts ; National Banks : National Monetary Com/mission, ; Postal Notes ; |Silver ; Treasury Department ; Treas- wry Notes ; United States Notes. Mutilated notes, see Mutilated Notes. Reissue of currency, see Reissue. General provisions, 6541-6570. Bureau of, 495–506. - Comptroller of Currency to be chief of, 495. - Expenses for procuring national bank notes to be paid out of taxes on cir- culation, 97.17. - Plates to be kept in vault, 503. Rooms, furniture, etc., for, 503. Certificates, redemption of, 477. Consolidation of stock accounts of dis- tinctive paper for, 6553b. Engraving and printing, 6551-6556. Estimates for expenses of laundering pa- per money, 6692. Fractional, 6542-6549. Offenses against currency, 10317-10348. coinage, etc., Payments in, duties on imports, 5710. Philippines, approval by President of acts affecting, 38.12a. Portraits of living persons not to be placed on, 6549. Printing, direction by Secretary of Treas- ury, 6556a. - Reduction by retirement of United States notes prohibited, 6561. Registration of letters containing cur- rency for redemption, 7409. Regulation, etc., of transactions in, 31.15% c. Regulations to prevent use of drafts on depositaries as currency, 6644. Reports of, by Bureau of Statistics sub- mitted to Congress, 868. GUIRRENCY ACTS See Currency and there?!?vder. Text of act, 477, 648–6487, 6562, 6563, 6566, 6567, 6825, 9657, 9665–9672, 9675, 9692, 9693, 9707-9709, 9713–9715, 9748, 9751, 9752, 9771, 97.79. CURRENCY REDUCTION SUSPENSION A C*H' Text of act, 6561. CîJSTORDHANS State custodians of funds appropriated for vocational education, 9390%h. C&JST"{}MH HAOUSE #3%R{}{ERS License, issuance, 5550. Review of revocation, 5552. Revocation, 5551. cross-references indicated.] | GUSTOM HOUSE BROKERS (Cont'd) Special excise tax, nonpayment a misde- Imeanor, fine, 5980j. Records. Statements 5980k. Who regarded as, 5980e. GUSTOMIS ADMIHNISTRATIVE ACT See Collection of Dºwties on Imports. Text of act, 519, 5593. CUSTOM'S COURT ACT See Court of Customs Appeals. Text of act, 1179–1190. CUSTQMHS DUTHIES See Appraisal; Appraisers ; Board of General Appraisers ; Bonded Ware- houses ; Collection Districts ; Collec- tion of Dºwties on Imports : Collec- tors ; Coºrt of Customs Appeals : Crimes and Offenses : Custom Fees; Customs Houses ; Customs Officers; Discrimination : Distilled Spirits and Wines ; Drawback: ; Entry of Merchandise ; Entry of Vessels; Eac- a/miners ; Hacport and Ea:portation ; Fines and Penalties; Forfeitures; Gaugers ; Imports and Importation; Inspectors ; Invoices ; Manifests; IV Cºval ºfte; Customs; Ports of Em– try an Delivery ; Searches and Seizures ; Sm/wggling ; Surveyors of Customs : Tea ; Torºnage and Tom- ºn age Duties ; Unlading ; Verifiers ; Weighers. Abatement for injuries to merchandise in warehouse, 5676, 5677. Accounts, examination of, 419, 420. Acids, 529101). Repeal of paragraphs 20–23, and re- - classification, 5291a. Act authorizing review of final decisions of court of customs appeals not to ap- ply to cases involving construction of tariff act, 1186. Additional duties, failure of consignor, etc., to submit books to inspection, 5600. Failure of importer to submit books to inspection, 5601. Importations involving discrimination, 8836n. Regulations by Secretary of Treas- ury, 8836O. When undervalued, 5527. Agricultural products and provisions, 5291 (186–236). - Allowance for shortage or damage, 5602. Aluminum, 5291 (143). Application of receipts to pay public debt, etc., 6798, 6810. Articles imported without payment of duty subject to new duties. 5314. Articles not enumerated, 5291ſ285, 386). Arºes recovered from sunken vessels, 312. Art works, 52916376). Assessment of ad valorem, 5599. Automobiles, 5294 (119). Beverages, 5291 (237–249). Ricycles, 5291 (120). Books, 5291 (329). Prick, 5291 (71). Buttons and button forms, 5291ſ238, 339). Canadian products, 5326. Casks, 5291 (171). Cement, 5291074). . Chemicals, oils and paints. 5291 (1-70). Cheroots and cigarettes, 52910185). China ware, 5291 (80). Cigars, 5291 (185). Clays, 5291/76). Clocks and parts of, 52910161). Coal tar products, repeal of paragraphs 20–23 of Act 1913 and reclassification, 5391 a. Coasting trade vessels, merchandise not liahle to, after touching foreign port, 58.39. cº, power to levy (Const. art. 1, § 8, cl. 1). - Copper, 5291 (147). Cosmetics, 5291 (48). Cotton manufacturers, 5291 (250–266). Countervailing duty on articles receiving bounty, 5296. Court of customs appeals, 1179-1190. Cuban products, 5324. Discount on importations in United States Vessels, 5311. • - - Discriminating duties on importation in foreign vessels, 5305. and returns, GENERAL INDEX IPage 2069] IReferences are to sections, except where otherwise indicated.] CUSTOMS DUTIES (Cont'd) Double duties, failure to re-Warehouse bonded merchandise, 5686. Importations involving discrimination, regulations by Secretary of Treas- ury, 8836O. Importations under agreement involv- ing discrimination, 8836m. Drugs, 5291027-29). Dye stuffs, effective date of act, 6371b. IPartial invalidity of act, effect, 6371a. Repeal of paragraphs 20–23 of Act 1913 and reclassification, 5291a. Special duty on, 5291b. Earths, earthenware and (71-101). - - Equipment for vessels in coasting trade, 5826, 5828. Estimated by collector, 5359, 5557. Estimated by naval officers, 5364, 5557. Fire arms, 52910132, 133). Fish, 52910216). Flax, hemp and jute, 5291 (267–285). Foreign countries, reports as to, by Sec- retary of State, 306. * Forms for carrying out provisions of law, 384 Free list, 52910387-657). e - - - - Animals exported for exhibition, re- turn free, 5321, 5322. * Articles admitted temporarily for Spe- cific purposes, 5308. Articles to be repaired, 5308. Canadian grain brought to be ground, glassware, 5291 manufactures of, Canadian products, 5326. Coal for steam vessels, 5495. - Material for construction and repair of vessels, 5309, 7709. Material for manufacture of sacks for artillery cartridges, 6851. Philippine products and manufactures, 5294 - Sea-stores not excessive in quantity, 5823-5826. - Freight transported through foreign Coun- try subject to duties in case of failure to print, etc., schedules of rates, 8569. Fruits, 52910217-222). Furniture, 52910176). Game, 5291 (227). Glassware, 5291083–96). Gloves, 52910361-365). Gold, 52910148, 150, 167). - Hemp, flax and jute and manufactures of, 5291 (267–285). Hogshead, 52910171). Horses, 5291ſ186). - Importing dutiable goods in public Vessels forbidden, 2973. Intoxicating liquors, 52910237-247). Iron and manufactures of, 52910103-118). Jewelry, 52910356, 357). Jurisdiction of federal courts, 991(5). Jute, flax, and hemp, manufactures of, 5291ſ267–285). Lead, 5291ſ152, 153). Lime, 5291073). - Limitation of suit for penalty or forfei- ture, 1713. Liquors, 52910237–249). Marble, 5291(97, 98). Matches, 5291ſ345). Meat, 5291ſ228, 229). Medicines, 5291 (16-19). Metals and manufactures of, 52910102-167). Molasses, 5291 (177). - Motorcycles, 52910120). Moving picture films, 52910380). Mules, 5291ſ186). Needles, 5291 (135). Nuts, 5291ſ223–226). Offenses, admitting entries for less than legal duty, 10236. Concealment or destruction of invoic- es, etc., of imported goods, 10232. Forging customs entry certificates, 10231. Securing false entry of goods, 10237. Oils, 5291044–46). Opium, 5291647). Paints, 5291ſ52–63). Paper, pulp and books, 5291ſ220–332). Patterns, models, etc., admitted free, 5308. Perfumes, 5291048). Permanent appropriation, payment of de- bentures and other charges, 6799 (19). Payment of debentures, drawbacks, etc., 6799(20). Refunding duties on goods destroyed, 6799 (23). - Refunding proceeds of goods seized or sold, 6799(26). - CDSTOMS DUTIES (Cont'd) Permanent appropriation (Cont'd) Refunding proceeds of unclaimed mer- Chandise, 6799 (27). Repayment of duties paid under pro- test, 6799(22). Repayment of excess deposits for un- ascertained duties, 6799 (22). Philippines, approval of duties by Presi- dent, 38.12a. Imports from, subject to, 5294. Railroad material admitted free, 3910. Plaster, 5291074). Porcelain, 5291(80). Porto Rico, fund for benefit of govern- ment, 3752. Imports from foreign countries, 3748. Imports from, into United States, 3749. Imports from United States, 3748, 3749. Posting of rates in office, 5376. Potash, 5291064). - Printing paper, effective date of act, 6371b. Partial invalidity of act, effect, 6371a. Provisions, 5291 (186–236). Pulp, paper and books, 5291ſ320–332). Rate, review by Court of Customs Ap- peals, 1186. Rates and amount determined by collec- tor, 5595. Rºrocal trade, agreements authorized, Regulations for enforcement of law, 384. Reimported articles subject to duty equal internal tax, 5313. - Rº: paragraphs 20–23, Tariff Act 1913, C. Report of receipts from, 399. Saloon Stores of certain vessels, 5825. Sea-stores, 5494, 5823. - Vessels on northern, etc., frontiers, 5824. Seeds, 5291 (212). Silks and silk goods, 52910311-319). Silver, 52910149, 150, 167). Slate, 5291 (101). Snuff, 5291(184). Soap, 5291 (66). Soda, 5291 (67). Special duty, coal tar products, 5291b. Spirits, wines and other beverages, 5291 (237–249). - Steel and manufactures of, 5291ſ103–118). Stone, 5291097-101). Sugar, molasses, manufacturers of, 5291 (177–180). Tile, 5291072). Tobacco and manufacturers of, 52910181- Trade between Philippines and United States, 3905. - Uniformity (Const. art. 1, § 8, cl. 1). Vegetables, 52910197-200, 208, 209, 215). 392.4% c-3924%.e. Vinegar, 52910236). Virgin Islands, Watch movements and parts, 5291 (161). Wheat, to maintain guaranteed fixed price, 31.15%kk. Wines, 52910243, 244). Collection of duty on re-importation of domestic wines exported, 6116. Wood and manufacturers of, 52910168–176). Wool and manufacturers of, 529.1(286-310). Yachts, etc., admitted to American regis- try not exempt from, 7709. Zinc, 5291ſ162, 163). CUSTOMHS FREES See Customs Duties, and related topics. Accounts, 5380. Apportionment for part of year’s service, Collectors, 5393. Excess paid into treasury, 5387. Extortion of excess punished, 5377. Gaugeable merchandise receiving draw- back or Withdrawal from bonded Ware- houses, 5727. - - Railroad cars with merchandise in bond exempt from manifest fees, 5692. Rates posted, Customs offices, 5376. Weighable articles, 5728. {}USTOMHS FHNES Covered into treasury as miscellaneous receipts, 5795. CUSTOMS HOUSES See Custoºns Dºwties, and related topics. Appointment of Officers to seize vessels filed in, 5762. Clerks, selective draft, 2044d. Collectors as disbursing agents of moneys appropriation for construction, 6665. Control of, by secretary of treasury, 6938. Purchase of land for, Opinion as to title and consent of state legislature, 6902. CUSTOMS HOUSES (Cont'd) Record of numbered undocumented ves- sels, 8095b. Removal of, in insurrectionary district, residence of collector, 10157. Reports, expenditures and persons em- ployed at, 391. - Number and cost, etc., 6940. Reservations for, 3761. TOWn-site laws inapplicable, 4800. sºles of tea. Standards deposited in, sºles of Wool and hair deposited in, Shipping office, 8289. Washington, D. C., appropriations for, availability for use in temporary rented quarters, 6935, 6936, 6936a. Weights and measures, repair of stand- ards, 8901. - CUSTOMS HAVVS *::::::= legislature not to amend or repeal, Construction of law by Secretary of Treasury, reversal or modification of, Invalidity of part of act not to affect whole, 53.17. Penalties, forfeitures, etc., Time of taking effect, 5318. CºjSTOMS OFFICERS See Appraisers ; Collectors ; S$07ter of Customs; Gºugers ; Inspectors; Çılsł97ns; Surveyors of Cºstoms ; Werifiers; Weighers. Wºn d's customs inspectors, see Wo- 7?, 6%. Accounts, 5380-5387. - - Examination, by Auditors, 419, 420. By Special agents, 5389. Forms of, 409. Ad º: to accompany, 435. mitting entries for less than legal - Ağ. 10236. gall du laska, affidavit for shipment of game filed with, 3619. I} 3. Enforcement of liquor laws, 36430. Appºintment of person to search vessels, incurred, 5316. Convºniis- Eacaºniners ; Naval Officers, Articles found separate from cargo, 5772. Blank books, blanks and stationery fur- nished to, 5386. Bonded warehouse, custody, 5644. Bonds, approval and filing, 5358. Certificate of shipping commissioner as to effects of deceased seamen before grant- ing clearance, 8328. Clearances to vessels, oath as to letters before granting, 7472. State inspection laws observed by in granting, 7794. Collection of postage on letters carried in foreign vessels, 7543. Commissioner and Deputy of Customs abolished, 402. Compensation, apportionment for part of year’s service, 5394. Extra, prohibited, 5394. Night service, 5571. , Not to disqualify as witnesses in cus- toms cases, 5802 Services connected with enrollment and license of vessels engaged in do- mestic commerce, 8067. Services in supervision of bonded ware- house for Mexican peas, 5671a. Compromise of claims under customs laws by, prohibited, 5804. Copies of manifest delivered to on arrival, Commissioner Copies of trade-marks and commercial names transmitted to, 9513. - Customs cases, informers’ not to be received by, 5801. Deputy collectors declared to be, 5368. Detail to treasury department, 365. Discontinuance of office by President, 5327. Discovery of frauds and seizure of mer- chandise relanded contrary to law, 5752. Dºments allotted to, Statutes at Lafge, Double costs in actions against officer making seizure under, 1612. Hºmie, removed from port in case of, Compensation Examination of provisions for merchant vessels, 8354, 8355. - Examination of tea, 8792. Examination of vessels carrying passen- gers from United States, 8013. GENERAL INDEX IPage 20701 [References are to sections, except where otherwise indicated.] CUSTOMS OFFICERS (Cont'd) Hºption from liability for decisions, Exemption from militia duty, 3043. Extortion, 5377, 5378. - Fees, inspection of steam vessels, collec- tion by, 8220, 8221. - Investigations by steamboat inspectors, payment by, 8213. - Panama Canal Zone, 10051h. Remeasurement of vessels, 7772. Service connected with enrollment and license of vessels engaged in do- meStic commerce, 8067. Fines covered into treasury, 5795. Forging customs entry certificates, 10231. Forging or altering custom-house papers, 10240. Instructions and decisions of Secretary of treasury binding upon, 5392. Insurrection, protection in Case of, 10158. Interest in bonded warehouse by, pro- hibited, 5683. Internal revenue, direction as to remoyal of imported material into manufacturing bonded warehouse without payment of tax, 6339. Leave of absence, 5374, 5375. Manifests failure of master to produce, re- corded by, 5512. - Produced for when vessel is boarded, 5508. Master of vessel obstructing, etc., 5771. Merchandise and baggage from contiguous foreign countries, inspection, 5812, 5813. - - Sealing for transportation, 5814. Neglect of duty in relation to registry or record of vessels, 7774. - Neglect or delinquency, punishment, 5373. Northern and northwestern frontier dis- tricts, 5809. Oaths administered by, 5501, 5571. Oaths of office, 5348–5355. Administered by collectors of custom, 5360. Offering presents to, 10235. . Opium imported for medicinal purposes, 8800. - Ownership of vessels or engaging in im- portation by, prohibited, 5379. Passenger list delivered to, 8006, 8010. Passenger vessels, inspection and meas- urement of, 8012. -> - Penalties, failure to certify production of manifest, 5511. & Failure to enforce regulations relating to steam vessels, 8273. Misconduct of in relation to registry or record of vessels, 7773. Philippines, duties of merchant Seamen, 3905. Ports of entry temporarily established in case of insurrection, 10156. Prosecutions for live-oak timber depreda- tion, 4982. - Quarantine laws of states observed by, 5 0. Report of number, occupation and Salary, 391 Reports to by vessels on arrival at port other than that of destination, 8119. Resisting, 10233. Revenue marine officers deemed to be, 8459%b (52). ... " Salaries, payment withheld until oath is Imade, 3265. Searches and seizures, entry of building, 5768. Mail illegally carried, 7474, 7475. Rescuing or destroying seized proper- ty, using deadly weapons, 10233. Taking seized property from, 10239. Vehicles and persons. 5763. Vessels, 5761, 5770, 5775. Assistance, 5774. Mails illegally carried, 7473. Warrants for search of dwelling and store, 5769. Shipping commissioners, acting as, 8289. Statements of class and number of in estimates, 6689. Steam vessels, enforcement of regulations by, penalty, 8272, 8273. Suit against, evidence under general is— sue, 5776. Term of Office, 5347. Two per cent. for privateer pension fund to be paid to and deposited in Treasury, 9091, 9092. - Vessels bound for Natchez or Vicksburg boarded at New Orleans, 5514, 5515 Violations of law reported by, 5803. Quarantine laws, 91.75. Military operations, claims for, 335-335e. CUSTOMS SERVICE Estimates for, 6689. Laborers, secretary of treasury to fix pay of, 53.27b. Leave of absence of officers and em- ployees, 5374, 5375. Rearrangement of collection districts, etc., 5327a. Re-organized by President, 5327. GUTTINGS Purchase and distribution of by Secretary of Agriculture, 820. DATRY PRODUCTS See Adwiterated. Butter; Butter; Cheese ; Filled Cheese ; Oleomar- garine ; Process Butter; Renovated Bºtter. - Inspection, etc., 8716. Misbranding as to place of production, etc., 8729, 8730. IDAM ACTS See Darms. Text of act, 9976–9983. DAMAGES - Aºust laws, three-fold damages, 8829, 8835d. Arms, deductions from soldier's pay, 2191. Report of, 1968. Army equipment or supplies, from soldiers’ pay, 2191, 2192. Bridge piers deflecting currents, , 9975. Canal or ditch through public lands, 4935. Injuries to settlers, 4647. Carriers, award by Interstate Commerce Commission, 8584. Complaint for recovery of money from, deductions filing with Interstate Commerce Commission, 8584. Complaint to Interstate Commerce Commission not to be dismissed be- cause of absence of direct damage to complainant, 8581. Discrimination by Pacific railroads, treble damages, 10057. Enforcement of award of Interstate gºmerce Commission, procedure, 8584. Failure to given written statement of rates, etc., 8569 Inducing or attempting to induce dis- crimination by, 8574. . . Liability to persons injured by viola- tions of prohibitions, 8572. Persons damaged by, may complain to Commission or Sue for, 8573 Recovery from connecting causing loss, 8604a. Recovery from, for discriminations, etc., not precluded by certain pro- ceedings, 8599. Report of Interstate Commerce Com- mission to include findings of fact On which award is made, 8582. Civil rights, right of action for depriva- tion of, 3932-3934. Right of action for neglecting to pre- vent conspiracy, 3934. Coal mining, to surface owners, 4668. Collisions, river and harbor improvement vessels, settlement, etc., 9899. Vessels of navy, adjustment and report of claims for, 652. Consular officers, neglect of duty, 3193. Neglect of duty to seamen or corrupt conduct, 3.194. Copyrights, infringement of, 95.46. Exhibits at Panama–Pacific Expo- sition, 9526. / Tams causing over-flow, 3978. Delay, to respondent in error, 1671. Importation and sale of goods at less than foreign market value, treble damages, 8836m. . Import trade, restraint of, 8835. Injuries from sale of liquors in District of Columbia, 342114m. Internal revenue officers, liability to per- son injured by extortion, etc., 5889. Lake Washington to Puget Sound Canal, contractor liable for, 9904, - Liquidated damages, breach of contract for stationery for Congress, 93 carriers º 6404a, Appendix p. 1781. Military stores and supplies, 2308a, art. 83. Deductions from soldiers’ pay, 2191, 2.192 National bank director, noncompliance with Federal Reserve Act, 9786 (6a). Naval supplies, breach of contract to fur- nish, 6865. Private property from military opera- DAMAGES (Cont'd) Obstruction of navigable river within city limits, 9939, 9940. - Oil or gas in Utah, prospecting for or removing, 4640. Passengers of steam vessels, liability of master, etc., for, 8269. Patents, infringement, article not mark- ed, notice, 9446. - Infringement, assessment in Suit in equity, 9467. - Design, 9476, 9477. Exhibits at Panama-Pacific Exposi- tion, 9526. Judgment, 9464. Purchaser of articles before applica- tion for patent not liable for use, 9445. TJse of article patented on renewed application, 9443. Private property by persons subject to military law, redress, 2308a, art. 105. tions, adjustment and report of claims for, 335. 6404a, Appendix p. 1781. Private property from operations of naval *art, adjustment, 65.2b, Appendix p. 1744. - - Private property in Europe from naval operations, adjustment, 652a.a., Appendix p. 1744. - Property of persons in military service, 6403–6403(4), Appendix p. 1780. River and harbor improvements or navi- gation, injury to, 9921. - Seamen, corporal punishment, 8391. Refusal to pay Wages and charges for inspection of vessel, 8352. Submarine cables, breaking or injuring, 100.94. Telegraph lines, discrimination by, 10084. Trade—marks, infringement, 9501. Infringement, exhibits at Panama- Pacific Exposition, 9526. Injunction, 9504. Registration of trade-mark lently procured, 95.10. - United States, false claim, against, by persons not in military or naval serv- ice, 6411-6415. Vessel, or cargo by seamen, penalty, 8380. Violation of law as to list of crew, fraudu- DAMS Hydraulic mining in California, Hydraulic Mining. General provisions, 9976–9992. California. T) ébris Commission to con- struct, 10029. Charges against for reservoirs at head. waters of navigable streams, etc., 9976. Condemnation of land to be paid for by individuals, 9881. Damages from over-flow, 99.78. Definition, 9983. - Fºre to comply with orders, penalty, See? Fishways, payment for, 9892. Penalty for failure, 9978. Forfeiture of rights for failure to com- ply with requirements, 9979. Iowa River, 9840, 9841. - Lake Erie outlet, report upon advisabil- ity, 9.984. Lights to be maintained, penalty for fail- ure, 99.78 Locks, etc., construction by States, 9977. May be required, 9976. Niagara river, diversion of waters, 9989.j. Appendix p. 1799. Persons, definition, 9983. Plans, approval, 9976. IDeviating from, unlawful, 9976. Modification, 9976. Removal for failure to obey orders, re- covery of expense, 9980. Reservation of right to amend or repeal act, 9982. Revocation of rights, compensation, 9979. Rights of way, 4946. Across forest reserves, 4947. Sluices, etc., for water power may be re- quired, 9992. Surveys and investigations of streams, 9867. - United Termination of rights, 9979. Time for commencement and completion, 99.81. Water power, 9976-9992. GENERAI, INDEX [References are to sections, DAMS (Cont'd) * e Yellowstone River, Montana, for irrigation projects, 4750. TPANGEROUS WEAPONS See Weapoºs DANISH wºST INDIAN ISLANDS See Virgin Islands. IPAWES ACT See IT did?!.S. Indians, 3951, 4195-4198, 4201, 4203, 4204, 4206, 4208-4210. DAYLIGHT SAWING ACT Text of act, 8907r-8907u. DAY TIME Service of search warrants, 10496%j. D]EAD-ILETTER OFFICE Chief of division, salary, 572. Disposition of dead letters, 7418–7420. DEAD LETTERS See Mails. DEADLY WEAPONS See Weapons. DEAF ANIO DUMB Census, statistics, 4387. Colored deaf mutes of District of Colum- bia may be educated in Maryland School, 9352. Columbia. Institution, 9340-9361. Accounts, 9346. Admission of deaf and dumb, 9347. From District of Columbia, 9351. Admission of pupils from States and Territories, 9353. Expenses how paid, 9354. Limitation upon, 9354. Number, 9353-9355. Increase, 9355a, 1798. Support of, 9353. Blind persons may be educated in Maryland, 9360. Character not charitable, 9351. Charter, deed made part of, 9342. Constitution, alteration of, 9344. Deed transferring funds and property Of Washington’s Manual-Labor School and Male Orphan Asylum Society made part of charter, 9342. Designation, 9340. Directors, control of disbursements, 346. Appendix p. Provision for education of colored deaf mutes in Maryland, 9352. Report, 9359. Disbursements, 9346. Establishment, 9341. Estimate of expenses, 9349. Contents, 9354. Expenses of persons admitted from District of Columbia, how paid, 9349. Government directors, appointment, 9345. Ineligible to reappointment, 9345. Terms of office, 9345, 9346. Indigent pupils from District of Co- Iurmbia may be admitted, 9347. Justices of the peace for District of Columbia to report names of deaf and dumb persons to, 9356. Management, 9344, Notice of election, 9344. Officers, election of, 9344. Term of office, 9344. Perpetual succession, 9341. Powers and duties, 9341. President, evidence for admission pupils produced by, 9347. Pºſs and duties, 9347, 9348, 9353, 360 Report, 9359. Property, 9341. Devoted to dumb, 9343 Real estate, restriction on disposal of, Of education of deaf and Regulations, 9344. : Report of expenses, 9357, 9358. Rººt of president and directors, 59 Rººt of Superintendent to Congress, 357. - Seal, 9341. Supervision of, by Secretary of Inte- rior, 681. Feeble-minded of District of Columbia, how educated, 9348-93.50. . (ndigent feeble-minded to be committed to Pennsylvania Institution, 9348. [Page 20711 DEALERS See Adulterated Butter; Child Labor; Çigar8 j . Distilled Spirits and Wines; £e????ented Liquors; Filled Cheese; Leaf Tobacco , Oleo ºn argariºte ; Peddlers : Renovated. Butter; . Re- tail Dealers; Tobacco ; Wholesale Dealers. Defined, 6348b. HDEATH Punishment of, see Capital Offenses. American citizens abroad, appropriations for proceeds of personal estate to be paid to legal representatives, 6799(3). Estates of, duty of consular officers, 3.162-3164. Applicant for patent, 9440. Appraiser of customs, designation of offi- cer to perform duty, 5395. Army officers and soldiers, aviation acci- dents, pay, 1867c. Disposition of effects, 2308a, art. 112. Pay, 2165, 2203. Payment of savings deposit, 2.193. Repayment by soldiers’ home of un- claimed moneys belonging to es- tates, 9220. Unclaimed moneys of estates of, ap- ;" to support of Soldiers’ Home, Bounty land claimant, 4856, 4857. carriº, employés from negligence, 8657– }{}. Limitation of actions, 8662. Limitation of liability, 8660. Moving car with defective equipment, 8621, 8622. Survival of right of action, 8665. Chiefs of bureaus, construction and re- pair, assistant to act, 642a. Navigation, 631. Ordnance, 632. Steam engineering, 636. Supplies and accounts, 638, 640. Y; and docks, assistant to act, 28. clerkº courts, circuit courts of appeals, District court, 971. Supreme court, 1197. Collector of internal revenue, uncollectible balances, 5943. cºmmissioner of Pensions, Deputy to act, Compensation under war risk insurance, 514qqq-514tttt. Contestant of homestead claim, 4537. Debtors to United States, claims of Unit- ed States to have priority, 6372, 6374. Pºſsing officer, duplicate checks, etc., Employés' Act, 8932a- 8932uu. Executive department employé, expendi- tures for transportation of remains, 274. Homestead entrymen, 4532. º in Greer County, Compensation, Oklahoma, Rights of infant children, 4543. Inmates of National Home for Disabled Volunteer Soldiers, disposition of prop- erty, 9268. * Inmates of Nayal Home and hospital, dis- position of effects, 9208. Judges, auth9ntication of bill of excep- tions, 1590. Land patents to deceased persons, title how vested, 5098. Marine corps, allowances to widow, etc., 2870. Marshal, after levy or sale, 1643. - Deputies to continue in office, 1313. Members of Congress, monuments, 55. Misconduct of officer, etc., of vessel caus- ing, 10455. Allowances to widow, etc., 2870. Care of degedent’s property, 2980(4, 11), 2980a. Entry of on ship’s books, 2980(3, 11). Judge advocate general, assistant to act, 613. Pay and allowances, 2868, 2870, 2871. Officers sued in official capacity, 1594. Parties, one of several plaintiffs or de- fendants, 1593. Sole party, 1592. Passenger on vessel, 8011. Postmasters, bonds delivered to Auditor, 193 President, etc., of corporation owning ves- sel, new enrollment or license, 8061. except where otherwise indicated.] DEATH (Cont'd) President, Vice President, etc., to dis- charge duties of (Const. art. 2, § 1, cl. Presumption of after seven years, in con- struing pension laws, 8978. Public printer, chief clerk to act, 6991. Railway maiſ clerks, payment to regal jºsentative When killed on duty, Registers and receivers, 4496. Seamen , dying in United States, wages § effécts, payment and delivery, Wages and effects, payment and de- ºy on distribution by court, Payment by shipping commission- er to court, 9332. Unclaimed, 8334. Seamen dying out of United States, wages and effegts, consular officers’ duties in regard to, 8330. Wages #4 effects, custody on disposal, ſ Penalty for neglect in regard to, 8329. g Proceedings in regard to, 8328. Sea-post clerks, compensation for, 7540. Statistics, 4390. Tax payer, business carried on without additional tax, 5964. - On Vessels, to be entered in log-book, Visitors to insane hospital, 92.98. HD EATH SENTENCES By court-martial, 2308a, art. 43. Confirmation, 2308a, art. 48(d). Suspension, 2308a, art. 51. Execution, hanging, 10497. By minister or consul of United States in certain foreign countries, 7648. DE BENE ESSE Depositions, mode of taking, 1473. Notice, 1472. Prize cases, 8401. Transmission to court, 1474. Use of 1474. When to be so taken, 1472. Recognizances of special bail taken by clerks of district courts judge, 1573. DEEENTURES See Drawback. Assignment, 5743. Bond for delivery of merchandise at for- eign port before receipt of, 5746. Drawback on exportation from port other than that of importation, 5744. Exportation bond, discharge, 5747-5750. Fees for, 5393, Certificate to vessel, 8137. Imported merchandise, underwriters or salvors deerned owners, 5760. Interest on debentures issued by collec- tors of customs, 1603. Internal revenue tax on, 63.18a. Amount, 6318h. Issuing, payment, 5141. Permanent, appropriations for payment, 6799 (19, 20). Expenditure, 5751. Refusal to grant, when over $100, 5745. “Securities” includes, 31.15%pp. Suit on, 5742. Judgment at return term, unless, 1597. Jurisdiction of district courts, suit by Are assignee, 991(10). DEBRIS See California, Débris Coºnºmission. . Harbor lines for dumping of, 9914. DEBT, ACTION OF Failure of witness to attend or testify in contested elections of members of House of Representatives, 173. . Penalties, civil rights, failure of district attorney to prosecute action, 3928. False information by register, 4495. Omission gf duty of officers relating to regulations of steam vessels, 8273. Under title relating to Indians, 4116. Violation of equal rights in inns, etc., DEBTS "See Debts to or by United States ; . United States Bonds. Bankruptcy, debts provable, 9647. Priority, 9648. - Contracted through sale of articles with intent to evade tax to be void, 6356. Exemption from arrest for, enlisted men, army, 2018. Marfnes, 2927. GENERAL INDEX * IPage 2072.] [References are to sections, except where otherwise indicated.] DEBTS (Cont'd) Hawaii, assumed by United States, 3738. Homestead lands not liable for debts con- tracted prior to patent, 4551. Imprisonment for, 1636. Discharge of poor debtors, 6377. Philippines, 3810. . Porto Rico, 3803aa. Lands allotted to Indians in severalty, Imoneys from lease or sale of lands held in trust not liable for, 4236. Not subject to debts prior to final pat- ent, 4235. Seamen, limit of sum recoverable during voyage, 8326. Territorial restrictions on purpose and amount, 3482. MDEBTS TO OR BY UNITED STATES General provisions concerning, 6372–6415. Adjustment in Treasury Department, 368. Due by United States, payable in de- mand Treasury notes, 6576, 6577. In interest-bearing Treasury notes, when, 6382. In national-bank notes, when 6381. In United States notes, except for interest on public debt, 6575. Paymºng loy Congress (Const. art. 1, § , cl. 1). For horses, etc.. lost in military service, 6390-6403. Of judgments Of Court of Claims, 6405-6408. Private claims pending before Con- gress, taking testimony, 6409, 6410. Set-off, 6407. Validity (Const. am. 14, § 4). Contracted prior to constitution’s adoption (Const. art. 6, cl. 1). Due to United States, ascertainment by Court of Claims, 1171. Collection of moneys, etc., due Confed- erate States, 6952. Compromise of, 6375. Deductions from pay of army, 2187– Delinquent officers, report of, 390. Executor, etc., when liable for, 6373. Forfeitures for importation of COn- tract laborers, 4289%.C. Head taxes, 4289%aa. Payment, coin, treasury notes, receivable, 6379, 6380. Gold certificates of deposit receiv- able for, 6566, 6567. Legal tender, treasury notes, 6475. Priority, 6372. Silver certificates, 6454. Spanish and Mexican coins, 6539. Standard coin receivable, 6380. Poor debtors, discharge of, 6377, 6378. Provisions relating to distress-war- rants not to affect remedies for col- lection, 6637. Purchase by United States on execu- tion sale, 6376 º Recovery of, 443. On guaranty of bidder for naval supplies, contract, 6863. Set-off against claims, 6407. Suits for, against persons accountable for public money, their commissions not allowed, 6623. • Surety, who pays on bond to United States, 6374. Legal tender in payment of, 6575,6577. etc., etc., Pavable in coin, treasury notes, 6379-6382. * • - Priority, act authorizing dissolution of attachment in conformity of state laws not to effect, 1559. HDECEMDENTS’ ESTATES See Absentees ; Estate T'aac. Administration in China, 7688. Income tax, 6336bſb]. Deductions, 6336gſa]. H}}ECHMJAHL SYSTEM Established, 6535. IDEC}{S}{GNS See Court of Customs Appeals; Inter- State Commerce Commission : Judo- 77tents and Decrees ; Supreme Court of United States ; Treasury Deci- Sº, O7%, S. Boards of special inquiry, 4289%ii. Interstate Commerce Commission, mak- ing in writing, 8582. Publication, 8582. Supreme Court, reports of, 6799(50). HD ECK (CC) URTS Composition, 2988. Enlisted men subject to, 2993a. * DECK COURTS (Cont'd) Naval militia, imprisonment in lieu of fines, 3078a.(48). Jurisdiction and procedure, 3078a (43). Place of holding, 3078a (44). Warrants for arrest, subpoenas, , tachments, 3078a (50). Who may convene, 3078a.(42). Oaths, power to administer, 2988. Objection to trial by, 2993. Offenses triable by, 2987. Officers of Naval Reserve Forces, etc., may serve on, 2988a. Powers, 2988. Recorder, 2989. Records, 2992. Filing, 2992. Rules and regulations, 2991. Sentences, approval, 2990, 3022. Commutation, 2990. Mitigation, 2990. Remission, 2990. Review, 2990, 2992. IDECK PASSENGERS Provisions for safety and accommodation of, 8254–8256. |XFCELARATHON at- See Naturalization. Claimants for pensions, 9006–9010. Indians, 3950. Temporary detention or deportation of Wife and children Of person mak- ing, 4286. Intention to become citizens, 4352(1). Children of citizens born and living abroad, 3963. Invoice of imported merchandise accom- panied by, 5523. Penalty for false, 5524, 5526. Of rights, Philippines, 3810. War, Austria, p. 17. - Germany, p. 17. Porto Rico, 3803aa. DECHLARATHON OF ENDEPENHOENCE Text, pp. 1, 2 DECQ RATHON DAY Holiday for per diem employés, 3245. IDEC&O RATIONS See Medals and Decorations. DECREES See Judgments and Decrees. HD EDIMUS POTESTATEM General provisions, 1477-1485. HD EDUCTIONS Allotments to states for vocational edu- cation, 939014.j. Attorneys’ fees not to be deducted from soldiers’ or sailors’ claims, 453 Bullion covered into Treasury, 6523. Carriers, for loss of military stores in transit, 1965. Commissions from delinquents able for public money, 6623. Income tax, 6336iſb]. On , corporations, 6336][a, b]. On individuals, 6336e Cal. Pay of army, 2156. Alteration of clothing, 2181. Clothing allowance, 2190. Damage to arms, 2191. Deficiency of supplies, 2192. Laundry work for recruits, 2183. Rations purchased, 2187, 2188. Tobacco purchased, 2189. Public money to be deposited without de- duction, 6606. Salaries of members of Congress, 42–44. Term of imprisonment for good conduct, 10529–10534. Wages of seaman, 8380, 8384. W Table for payment of fees from wag- es, 8392. HDEETOS See Coºpey dºces. Tº EFACEMENT Certificate of inspection of plants, Coins, 10335. Flag in District of Columbia, 3369b. Grave stones, etc., in national cemeter- ies, penalty, 9376. Mº, inspection, labels, etc., 8681(9), 8683, 8711. MontiIments, parks, 5284. National bank notes, 10346. Postage stamps, 7403, 7404. Survey marks, 10224. United States bonds, duplicates, 6817–6820. HDIEFAILCATION Discharge in bankruptcy, account- 8762. etc., in national military 96.01. HDEFAULT See Judgments and Decrees. Judgment, failure to produce books or Writings, 1469. How rendered for sum due, in suit to recover forfeiture of bond, 1599. WDEFAULTERS Accounts due United States, priority of payment, 6372. Proceedings against, by suit, 6623. Bids of for naval supplies may be re- jected, 6872. DEFECTS OF FORM Appeals in prize causes, 1665. Fºlosure of Iminers’ lien in Alaska, Indictments, 1691. In Suits not regarded unless Specially set ºn With demurrer, amendments of, Writs, declarations, etc., 1591. Writs of error, 1664. DEFENSIVE SEA AREAS Establishment, 10208. - Jurisdiction of offenses committed with- in, 10208. Regulations governing persons or ves- sels within limits of, 10208. DEFINITIONS See Words and Phrases. HDELAWARE District court terms, 1060. Judicial districts, 1060. Permit for land transportation of mer- chandise across, 8115, 8116. IDEALAY Damages and costs for appeals for de- lay, 1671. Delaying mail, 10372. HDEHLEGATES Conferences of Public Health Service and #;" and territorial boards of health, International Commission of Congresses Of Navigation, expenses, 7833. DELEGATES HN CONGRESS See House of Representatives. Alaska, 3545. Allotment of farmers’ bulletins to, 828. Allowance for newspapers, 45. Allowance for postage, 46. Books from library of congress, 138. Clerks, compensation, Court of Claims, not to practice in, 1135. Designation of libraries, to receive docu- ments, 7046, 7049. To receive Geological Survey reports, etc., 7149, 7150. To receive Official Gazette of Patent Office, 70.93. Designation of person to receive Offi- Cial Register, 7092. - Distribution of Coast and Geodetic sur- Vey charts upon order of, 7146. Distribution ... of documents previously Stored at Capitol, 7042. Documents allotted to, Congressional Rec- ord, 7090. Official Gazette, 7093. Official Register, 7092. Statutes at Large, 7072. Documents, printing, etc., envelopes and franks for extracts from congressional record, printing upon, 6993. Election, 21, 3452, 3. Lºlative assembly, first election, Place, and manner, 3453. Qualification of electors, Time, 21, 3453. Vacancies, 23. Voting machines, 24. Envelopes for congressional record fup- nished to, 6992. Eulogies of deceased delegates, printing, binding, number of copies, distribu- tion, 7086. Extracts from congressional record fur- nished to, 6992. Free transmission of Congressional reo- ord, etc., under frank of, 7377. Hawaii, 3726. Impressions of portraits furnished, 513. Mileage, 35, 47. Certificate of, 49, 50. 3448–3450. Dºrsement by Sergeant-at-arms, Dying after commencement of Con- greSS, 53, 54. Payment of by sergeant-at-arms, 98. GENERAL INDEX IPage 2073] [References are to sections, except where otherwise indicated.] DELEGATES IN CONGRESS (Cont'd) Oath, by whom administered, 29. oºl correspondence transmitted free, 7379. . Payment of cost of printing extracts from congressional record, 6995. Penalty envelopes for answers to be in- closed in official communications to members of Congress, 7374. Powers, 3452. Public contracts to stipulate that no del- egate has interest, 6892. Public documents sent and received by transmitted free, 7378. - Report of books bound for, 6973. Reprinting of documents and reports for, 6992. Reservation of unstitched documents and reports for, 7022. Discontinued, 7023. Rººts of retiring members to documents, 51. Salaries, 34-36, . Deductions, for absence, 42. For books, 44 For withdrawal from seat, 43. Disbursement by Sergeant-at-arms, Dying after commencement of Con- gress, 53, 54. Election for unexpired term, 57 a. Lieu of all allowances except travel- ing, 47. - Members elected to fill vacancies, 56. Payment, mode of, 48 Monthly, 40, 41. By sergeant-at-arms, 98. Seeds and agricultural reports transmit- ted free, 7380. Unbound copies of Congressional record for, 6978. I}}}|{Z}[VERY See Ports of Entry and Delivery. Mail, see Mail Carriers ; Mails : Rur- all Free Delivery Service. IDEH.HVERY BGN DS Delivery upon, to claimant, of vessel, goods, etc., seized under custom S- revenue laws, etc., 1564. Ordered by judge in vacation, 1566. Property released from arrest upon, by marshal, in admiralty causes other than seizures for forfeiture, 1567. *DEMAND Before action against postmasters, 1503. Information concerning cotton seed and products thereof, registered mail receipt to be prima facie evidence, 4434c. Wages of seamen, partial payment at ports, 8322. DEßIAN ID NOTES See United States Notes. etc., Lawful money and legal tender, 6576, 6577. HDEMOTTON - Civil service, 3285. IDEWHURRIER, See Special Demºrrer. Defect or want of form disregarded un- ; defects are specially set down with, - J º To indictment ouster, 1692. Judgment on, how rendered for sum due in suit to recover forfeiture annexed to bond, 1599. IDENATUREHD AIACOH4OH, ACT See Distilled Spirits and Wines. Text of act, 6132, 6136. IDENTAHL CORPS See Medicine and Surgery. Army, composition, 1833, 1833a, 1834. Dental Surgeons, appointment, 1833a, 1833b. , Commutation of quarters, 21.18a, 2118b. Detail to military academy, 1834. Enlistment of dental students in En- listed Reserve Corps, 1892ee. Examination, 1833, 1833a. Bºnine and reviewing boards, Number, 1833, 1833a, 1833b. Pay, 1833, 1833a, 1833b. Travel, 2126. Travel in Alaska, 2127. Promotions, 1833, 1833a, 1833b. Rank, 1833, 1833a, 1833b. overruled; respondeat 1833, DENTAL CORPS (Cont'd) Army (Cont'd) Recommission of surgeons in active service, 1833b. Retirement, 1833, 1833b. Medical department, part of, 1806. Navy, acting assistant dental surgeons, appointment, 2501. Acting assisting dental surgeon, dis- charge on failure on examina- tion, 2504. Examinations, 2501. For temporary service, 2508. Acts repealed, 2511i, Appendix p. 1762. Appointments by President, 2509. Assistant dental surgeons, appoint- ment, 2502, 2503. - Duties, 2500. |Bºxamination, 2502, 2503. Number, 2500. Qualifications, 2501. Rank, 2502, 2503. Command, right of, 2505. Dental officers, appointment, 2511e, Appendix p. 1761. Gaining or losing numbers, 25.11e, Appendix p. 1761. Grades, 25.11e, Appendix p. 1761. Original appointments, 2511e, Appendix p. 1761. Number, 25.11e, Appendix p. 1761. Pay and allowances, 2511e, Appen- dix p. 1761. Advancement in, 25.11e, Appen- dix p. 1761. Increased service pay, 25.11e, Appendix p. 1761. Permanent appointment of proba- tionary officers, 2511h, Appendix 1762, Promotion, 2511e, Appendix p. 1761. Qualifications, 2511f, Appendix p. 1762. Rank and precedence, 2511e, Ap- pendix p. 1761. Retirement, 25.11g, 2511h, Appendix p. 1762. Dental surgeons, advancements, effect of losing numbers on navy list, 25.11d. Appointment, 25.11a. Competitive examinations, 25.11a. For duty at Naval Academy, 2511. Examinations, 25.11b. Number of, 25.11b. Lººtion of, to active duty, 2510. Pay, allowances, 25.11b. Rank, 25.11a. . Officers appointed under previous acts to be appointed surgeons without ex- amination, 25.11c. Part of medical department, 25.11a. 2511e, Appendix p. 1761. Pay, 2506. Qualifications for appointment, 2510. Rank, 2505. Reserve corps, number, 25.12a. Organization, 25.12a. Retirement, 2507, 2508. Surgeons, examinations, officers ap- pointed under previous acts to be appointed Without examination, 25.11c. DENTAL RESERVE, CORPS Navy, appointment, 2512. Enrollment of members in Naval Re- serve Force, 2900%a (26%), Appendix D. 1766. - Examinations, 2512. Laws relating to repealed, 2499a, Ap- pendix p. 1761. Pay, 2512. Qualifications, 2512. Rank, 2512. Retirement, 2512. DENTAL SURGEONS See Dental Corps ; Swºrgeo??.S. HDENTISTS See Deºtal Corps ; Corps. Consular districts in China, regulation of sale of poisons, 76.96b-7696n. Opium, patient’s possession not presump- tively unlawful, 6287n. Registered dentists may without order for, 6287h. HD ENVER, IPACIFIC RAILROAD Extension of Kansas Pacific Railroad, 10057. JDeſivtal Reserve dispense HD EPARTMENT OF AGRICULTURE See Agriculture, Department of ; 19 Cºrtºve?lts. DEPARTMENT OF AGRICULTURE ACT See Agriculture, Department of. Text of act, 788, 193, 794, 815, 817, 818, 835. DEPARTMENT OF COMMERGE See Secretary of Convmerce. Solicitor of, see Solicitor of Depart- nvent of Commerce. Accounts, settlement of, 421. Assignment of salaries by officers and employés, 855. - Assistant Chief of Bureau of Foreign and Domestic Commerce, 876. ASSistant Secretary and clerks, 854. Buildings, property, etc., in charge of Secretary, 861. Bureaus, corporations, 889. Fisheries, 901-908. . Foreig, and Domestic Commerce, 873– IDe- Cost of Production Division, trans- fer to United States Tariff Com- mission, 5326ſ. Light-Houses, 896–900. Navigation, 890-895. Standards, 921-931. State Department to prepare informa- tion for, 292 Statistics, Bureau of Foreign Com- merce consolidated with, 857, 859, Census office, 909-920. Change of designation, 932. Chief of Bureau of Manufacturers, 875. Commercial attachés, 854a. 854a, Appendix p. 1745. Commercial reports, daily, 863. Pººsan, etc., discussions excluded, Terms of measure, weight, money, 865. cºission on Industrial Relations, 8913– 7. Cost of Production Division transferred to United States Tariff Commission, 5326ſ. Pºiº consular reports, distribution of, 7122. Documents allotted to, 7071, 7072, 7090, 7092 Establishment, 853. Estimates, 6724. Jurisdiction of Treasury Department over fisheries, etc., transferred to, 858. Merchant seamen, rules as to examina- tion of seamen to procure certificate as able seamen, 8363a. - Offices, bureaus, etc., transferred to, 857, 859, 861. Transferred to Labor Department, 934, 935. Open market purchases outside of. Dis- trict of Columbia not exceeding $25, 6836e, Appendix p. 1783. Powers and duties, 856. Solicitor of, 524. - TJnited States Tariff Commission to co- operate with, 5326h. Vessels, number of regulations as to fu- migation, 7734. Vocational education, investigations, etc., 93.90% co. D}EPARTMENT OF INTERIOR, See Interior Department. DEPARTRIENT OF JUSTICE * See Attorney General ; Criminal Pro- cedu/re ; Departments : District Alt- torneys ; Prisoners ; Prisons. Assistant Attorneys-General, see Attor- *egy-Geºveral. Assistant solicitor of treasury, see So- licitor of Treasury. Attºrney-General, See Attorney-Gen- €7"Cºl. Clerks, see Clerks. Disbursing officers, see Disbursing Of- ficers. Eacaºnviners of claims for department of state, see Solicitor for Department of State. - Law clerks, see Law Clerks. Solictor for department of labor, see Solicitor for Department of Labor. Solicitor Geºveral, see Solicitor General. Solicitor of Interºval Revenue, see So- licitor of Internal Revenue. Solicitor of treasury, see Solicitor of Treasury. sº •º GENERAL INDEX IPage 2074] [References are to sections, except where otherwise DEPARTMENT OF JUSTICE (Cont'd) General provisions, 515-566. Accounts, administrative audit of, 434. Auditor’s examination, 420. Courts in Alaska, transmission of, 430. Rendition of, 433. Time of transmission of, 432. Aºice. giving to executive departments, Alaska court clerk’s fee account forward- ed to, 3573. Assistant Attorneys-General, 517-564. Assistant Solicitor of Treasury, 521, 522. Attorney-General, 515-566. - Attorneys or counsel, providing for Ex- ecutive Departments, 271. Attorneys, salaries, 525a. 525a, Appendix p. 1743. Bond of clerk of Supreme Court filed, 1196. Books, dockets, etc., of Commerce Court lodged with, 1001. Clerks, 526. - - Conduct of proceedings for enforcement of provisions regarding injuries to river and harbor improvements and naviga- tion, 99.21. Direction of proceedings debts due Post Office, Dºrsement of moneys drawn for, 546, in equity for Distribution of session laws and statutes at large, 7120. Distribution of Statutes and Reports of Supreme Court to judges, 565. Rººster to be kept of distribution, Division of accounts, administrative audit of accounts, 434. Docuºis allotted to, Official Register, 7092. Pamphlet copies of statutes, 7071. Session laws, 7120. Statutes at large, 7072, 7120. Employment of district attorneys for ex- tra, service permitted, 3235. Equity, direction of suit in for money due Post Office Department, 558. Estimates for expenses of insular and territorial force within jurisdiction of, Examiners of Claims for Department of State, 521-523. - Forms for blanks and letter heads for judges and court officials to be prescrib- ed and distributed by, 7178. Law clerks, 526. Law Library, Supreme Court reports for, 1203 Location at seat of Government, 515. Military prison at Fort Leavenworth transferred to, 10561. Returned to War Department, 10562. Officers, commissions, 3252. Conduct of cases committed to district attorneys, 534. General duty of, 536. Give opinions and render all required services, 536. * May be sent to any State to attend to suits, 542. Traveling expenses, 545. Offices, bureaus, etc., transferred to De- partment of Commerce by President, 860. Papers required in suits for delinquencies in Post-Office Department forwarded to, 465 Post Office Department, direction of suits for money due, 557, 558. Provisions applicable to all Executive De- partments, 232-283. Rent of building for, 6933a. |Reports to by district attorneys, 1301. Requisitions for money, by whom signed, 544 - Returns to, by marshal of proceedings on judgments on account of Post Office De- partment, 1301. Rooms provided for, 527. Seal of, 528. Solicitor-General, 515-556. Solicitor of Internal Revenue, 521, 522. Solicitor of Treasury, 521-556. Solicitors, Assistant Solicitors, Examiner of Claims, etc., to perform duties under Attorney-General, 521, 522, 535. Special counsel in, 519, 536, 538, 540, 541. Suits for money due Post-Office Depart- ment to be under control of, 557, 558. DEPARTMENT OF LABOR. See Comºmissio??er of Labor Statistics, Departments : I'mºnigration ; Secre- tary of Labor. & DEPARTMENT OF LABOR (Cont'd) Chinese eacclusion laws, see China-Chi- 71.6 S62. - Solicitor for, see Solicitor for Depart- 'ment of Labor. - - Accounts, Auditor’s examination, 420-422. Settlement of, 420-422. Bimonthly bulletins, copies, 7107. Buildings, property, etc., 936. Bulletin, 949, 950. - Bureaus, Children’s Bureau, 964-967. Furnish aid to Bureau of Labor Sta- tistics, 945. Immigration, 954-960. . Labor Statistics, 944–953. Naturalization, 961–963. Certificate of arrival of aliens to be made part of petition for admission to citizen- ship, 4352(2). Co-ordination of activity of, 942. Detail of officer enforcing alien contract labor laws, 939. Pºnents allotted to, 7071, 7072, 7090, Duties of ascertaining cost production transferred to Bureau of Foreign and Domestic Commerce, 874. Establishment and purpose, 932. Estimates, 6729. Bureau of Immigration and Naturali- zation, 6730. - Officer, enforcing alien contract labor laws, detailed for duty at . Washing- ton, 939. Enforcing Chinese Exclusion Act, de- tailed for duty at Washington, 938. Officers and employes, 933. - Offices, bureaus, etc., transferred to, from Department of Commerce, 934, 935. Open market purchases or services out- side of District of Columbia not exceed- ing $25, 6836f, Appendix p. 1783. Printing and binding, reimbursement for, 4352(9). Rent of building for, 6933b. Seal, 932. Solicitor for, 525. Transferred to Department of Commerce and Labor, 857, 859. DEPARTMENT OF LABOR ACT See Departmvent of Labor. Text of act, 42.2, 525, 932-936, 940–942, 945, 961, 962. DEPARTMENT OF STATE See State Departinent. DEPARTMENT OF THE TREASURY See Treasury Department. DEPARTMENTS See Agriculture, Department of ; Alt- torney General : Departmvent of Coſmºverce ; Department of Justice ; Department of Labor ; Interior De- part 117.6%t ; Military Secretary , Navy Department ; Postmaster-Gen- eral ; Post-Office Departmvent ; Sec- Tetary of Agriculture ; Secretary of Commerce ; Secretary of Interior ; Secretary of Labor ; Secretary of Navy, Secretary of State ; Secre- tary of Treasury ; Secretary of War; State Department ; Treasury Depart- ment ; War Department. Awditors, see Auditors. Reference of claims, Clotiºn.S. Absence disbursing clerk, etc., acting of- ficer, * Leaves of, 238–240. Acceptance of voluntary service for Gov- ernment or employment of personal service in excess of appropriation pro- hibited, 6778. - Accounts, delay in transmitting, 428. Additional evidence of title of land pur- chased for, 6902. Advertisements, etc., for, not to be pub- lished without written authority, 7187. Publication number Of paperS, pensation, etc., 7186. Those required to be published in District of Columbia, Maryland and Virginia, 7182. Publication not to be paid for without Written authority, 7186, 7187. Rate of payment for, 7.185. Advertising practice before, use of names of Congressman, etc., forbidden, 272a. see Court of in District of Columbia, rate of COIm- printing of extra 944, indicated.] DEPARTMENTS (Cont'd) Appropriations, articles purchasable from contingent funds not to be purchased from other funds, 6788. Contingent expenses, apportionment, 6778. - Contingent expenses, etc., restrictions On purchase of books, 6786. Disposition of unused, 249. Expenditures in excess of, prohibited, 6778. To which cost of printing, etc., to be charged, 7166. Arrears of business, bringing up, 238. Assistant secretaries, Supreme Court re- ports for, 1203. Attorneys or counsel, department of jus- tice to provide, 271, 539. Disbarment, 385. Employment by heads prohibited, 271. Auditors for, 416–471. Bill, and resolutions to be furnished to, 7169. Binding for, style, 7158. * Books, from library of Congress, 139. Transfer to library of Congress, 149. Transfer to public library of District of Columbia, 281. . Certified copies of lost returns, etc., 1517. Chief clerks, distribution of duties to oth— er clerks, 256. Reports as to defects in arrangement, etc., of business, 256, 257. Supervision of subordinate clerks, 255. Claims against U. S. assistance of coun- sel, Attorney General’s duty, 269. Ex-employés not to prosecute, 272. Witnesses, compelling testimony, 268. . Fees, 267. - - Subpoenas, issue, 266. Claims referred to Court of Claims, 1139. Clerks, administration of oaths in inves- tigation proceedings, 265. Authority to employ, 248. Classification, 242, 3277. Details from Outside District of Co- lumbia, for duty within District pro- hibited, 249, 252. Disbursing clerks, Bonds, 258. Compensation, 258. Distribution of, 244. Employment only as specifically ap- propriated for, 249. Punishment for violation, 250. Extra clerks, compensation, 254. Restriction on employment, 254. Extra compensation prohibited, 253. Hours of labor, 238. Increase of forces, 245. Lapsed salaries, 249. Leaves of absence, 238–240. Reduction of forces, 245. Salaries, 246. Temporary, salaries, 247. Transfers, 244, 251. - Women may serve as, 243. Closing on decease of ex-official prohibit- ed, 237. Commissioner of Fish and Fisheries enti- tled to aid of, 905. - Compliments of, not to be inserted in doc- unments, etc., 7095. Consolidation or transfers of offices or bu- reaus, 6672. Contingent funds, apportion Iment to offices and bureaus, 6788. - Report of expenditures of, time of making, 278. Restrictions on purchase from, 6784. Contracts for stationery and supplies, lim- ited to one year, 6888. Copies of books, records, documents, etc., in, evidence, 1494. Copies of pension record 8972. Custody of quarantine Stations transferred to Secretary of Treasury, 9168. Death, etc., of officers sued in official ca- pacity, 1594. Delinquent, report of, 390. Details from, to commission, boards, etc., prohibited, 6782. For distribution of government publi- cations, 7170. To office of President, 229. Officers, etc., in furnishing of infor- mation to commission to investigate issuance of railroad stocks and bonds, 8602. binding, appointment, 258. furnished to, Disbursing clerks, duties, 258. GENERAL INDEX [Page 2075] [References are to sections, except where otherwise indicated.] HDEPARTMENTS (Cont'd) • Disbursing officer, statements of expendi- tures hy. 275. º Dispensation with employés engaged in mailing public documents, 7171. Documents allotted to, specifications and drawings of, patents, 7093. Documents printed for, custody of, 7039. Documents to he delivered to Superintend- ent of Documents, 7045. - Employés, authority to employ, 248. Deceased, expenditures for transpor- tation of remains, 274. Employment only as Specifically ap- propriated for, 249. Punishment for violation, 250. Lapsed salaries, 249. Military reserve organizations, may be utilized in connection with, 1892d. Reports of traveling expenses, 277. Estimates, additional explanations in, 6685. How communicated to Congress, 6671. Compensation of officers to be found- ed on express provisions of law, 6678. Cost of printing response to congres- Sional inquiries, 7035. Cost of publications of to be obtained from public printer, 7166. To follow arrangement of appropria- tion acts for preceding year, 6672. Inclusion of sums necessary for print- ing and binding, 6674. Official designated to supervise, 6736. Outstanding appropriations stated in, 6686. Printing and binding, 6674, 6676. Public works, 6681. Reports in, of number and Salaries of inefficient employés, 6679. Statements in, buildings rented, 6682. Condition of business, etc., 6680. Time of submitting to Secretary, 6734. Evidence, etc., in claims adjudicated by for Attorney General, 270. Exchange of typewriters, adding chines, etc., authorized, 6885a. Executive Department defined, 233. Federal Trade Commission, furnishing rec- ords and detailing officials to, 8836h. Government printing office employés de- tailed to, restriction upon work done by, 7016. Heads of, aid in acquisition of collections for National Zoological Park, 10589. Annual reports, time for submission to public printer, 279, 279a. Appeal to, from withholding of penal- ty for yiolations of Hours of Labor Act, 8921. Appointment of inferior officers, Con- gress may invest exclusive power in (Const. art. 2, § 2, cl. 2). Appointment of inspector of fuel, 6838. Approval of orders for reprinting of documents, 7097. Approval of plans and estimates for public buildings, 6905. Attorney-General’s opinion, 530. Books from library of Congress, 139. Certificate of necessity for illustra- tions, etc., in documents, 7175. Comptroller’s decisions may be ap- plied for, 425. Copies of decisions of Court of Claims transmitted to, 1134. Copies of publications to be delivered to superintendent of documents im– mediately upon publication, 7041. Correction of defects, etc., in arrange- ment of business, 257. Counsel to be furnished to by Attor- ney-General, 271, 539. Designation of members of Supply committee, 6833. i Designation of person to sign orders for printing, 6987. Estimates of public printer to be com- Inunicated to, 6982. Exchange of documents, 7177. Expenses of horses and carriages, 3237, 3238-3238b. impºsions of portraits furnished, 513, a. Information to Court of Claims, 1155. List of officers, etc., to be prepared and filed for Official Register, 7092. Lists of vessels of United States, preparation and filing of, 7092. Mailing lists for public documents to be furnished to public printer, 7171. In a- general Officers, DEPARTMENTS (Cont'd) Heads of (Cont'd) May request expedition of considera- tion of application for patent, 9442. Mººrs of Smithsonian Institution, 0.565. - Notice to Commissioner of Patents, expiration of patents, 9438. Opinions, President may (ComSt. art. 2, § 2, cl. 1). o; for documents for departments, 7169. Patents belonging to government, no- tice to prevent abandonment, 9438. President may require opinions from (Const. art. 2, § 2, cl. 1). Printing not to be done without au- thority or necessity, 7173. Printing of reports of chiefs of bu- reaus and divisions, 7163. Publication of certain advertisements, etc., not to be made in District Of Columbia, unless directed by, 7182. Purchase of certain supplies by, 6833. Recommendation of printing of certain reports, 7076. Recommendations to, by council of national defense, 3115c. Regulations for administrative exami- nation of accounts, 437. - Regulations, receiving returns of pub- lic property, 442. Reports to, by council of national de- fense, 31156. Of department printing, 6987. Of distribution of government pub- lications, transmission to con- gress, 7170. Request for preparation of plans, etc., for buildings by supervising archi- tect, 6915. Requisition for printing or binding, 7163, 7172. Requisitions on public printer for sup- plies, 6997. º Storage accommodations, lease of, 6932. Vacancies temporarily filled, 259. Discretion of President, 261. Extra compensation prohibited, 264. Limitation of time, 262. Written authority from, for publica- tion of advertisements, etc., 7187 Hours of business, 236, 238 Information to Bureau 3286i. Information to Court of Claims, 1155. Investigations, administration of oaths, 265. Duplication of service by Bureau of Efficiency, 3286k. Libraries, binding of documents for, 7158. Depositories of government publica- tions, 7179. Lump Sum appropriations not available for payment of increased salaries, ex- ception of mechanics, artisans, etc., 6765. Mail matter, 7330. Manufacture of postal cards, 7395. Newspapers, expenditures for, limitation, 273. of Efficiency, administration of oaths in In- vestigation proceedings, 265. Details from Outside District of Co- lumbia for duty in District prohibit- ed, 252. Employment only as specifically appro- priated for, 249. Punishment for violation, 250. Lapsed salaries, 249. Reports of traveling expenses, 277. Official matter transmitted free, 7369, 7370. Officials Of forest Service to aid other de- partments, 5154. Order for documents required by, 7169. Orders, instructions, etc., may be mailed by, 7171. Part paid mail-matter addressed to, de- livered free, 7371. Penalty envelopes for answers to be in- closed in official communications to members of Congress, 7374. Pleadings, evidence and decisions in suits pending in court of claims furnished to by Attorney Genegal, 270. Practice before, use of name of Congress- man, etc., in advertising, 272a. Printing and binding for, certificate of necessity, estimate of cost, requisi- tion for, debiting of cost, 7172. Debiting of cost, 7172. Form and style of, 7019. At Government printing office, 7159. Not to exceed appropriations, 7163. require DEPARTMENTS’ (Cont'd) Printing and binding for (Cont'd) Restrictions on, 7176. Restrictions on use of appropriations for printing and binding for illustra- . . tions, etc., 7175. Printing offices in, consolidation and con- trol by public printer, 6987. Provisions common to all Executive De- partments, 232-283. Publications, distribution of copies, 7031. Public property, returns of, 441. Purchase or drawing of supplies from common schedule through more than , § Office or bureau prohibited, except, Recording clocks, use prohibited, 241. Registered mail, 7371. Regulations, contracts for supplies to comply with, 6833. Power to make, 235. Rent of buildings in District of Columbia instead of others rented, 6931. , to Congress, documents printed for, 6973. Expengures of contingent funds, 275, Time of making, 278. Extracts from included in Book of Es- timates, 6739. Mºhly as to condition of business, Printing of, number of copies, dis- tribution, 7075, 7076. Qºſterly as to Condition of business, Traveling expenses of officers and em- ployés, 277. Restriction upon agents or employees hav- ing interest in contracts for Indian sup- plies, etc., 6893. Sale through, of lands acquired by Unit- ed States, 6911aa, Appendix p. 1784. Services in connection with federal con- trol of transportation system, 31.15%.h. Settlement of accounts between, payments by disbursing officers, 6622a, 6622b, 6752b. Statements of money received from pro- ceeds of, and payments therefrom, 6744. Statistics furnished by, to Bureau of La- bor Statistics, 945. To Secretary of Commerce, 857, 859. Subscriptions for may be paid in advance, 6652c. Supplies for, advertisements for proposals, Supplies furnished to by public printer to be charged to department’s allotment for printing and binding, 6997. Unauthorized, employment of clerks, etc., prohibited, 3225. United States Tariff Commission to co- operate with other judgments, 5326h. Useless papers, disposition of, 282, 283. Files of vessels of navy, 2789. Report of to Congress, 282, 283. vºncies temporarily filled, restrictions, } Cº. HDEPENDENT PENSION ACT See Pe??.SiO70S. Text of act, 8937, 8982. DEPENDENT RELATIVES Army, discharge or furlough from, 1894. Pensions, 8991. Clºs of dependent parents, evidence, 8992. Commencement and continuance of, 8992, 8997. Marriage of as terminating, 8993. DEPENDENTS Compensation to on death of employé of United States, 8932ee. , Postal employés, payment to legal repre- sentative for benefit of, when employé is killed on duty, 7246b. Selective draft, 2044d. \ B.EPORTATION See I777,77vigratio?!. HD]EPOSITARIES OF PUBLIC MONEYS Accounts of receipts and payments, 6643. Post-Office Department money, 6641. Banker, etc., receiving unauthorized de- posit, 10264. - Bonds for Value of internal stamps furnished to, 6318h. At Buffalo, Santa Fé, and Pittsburgh dis- continued, 6585. Compensation, 6662-6664. In Cuba, 6580 Deposit of moneys witb, 6615. Appropriation” . for charitable, purposes, 6669. TeVenlie etc., GENERAL INDEX {Page 2076] [References are to sections, except where otherwise indicated.] DEPOSITARIES OF PUBLIC MONEYS (Cont'd) Deposit of moneys with (Cont'd) Failure of officers to deposit, 10259. Postal funds, 10395. Marshals, district attorneys, etc., 6605, 6606, 6611. . Moneys paid into court, 1644. Penalty for failing to deposit, 6611. Proceeds of sale of United States bonds and certificates of indebted- Iness, 6829hh, 68.29m. Receipts for, 6615. Postal revenues, 596. Silver coins, how sent to, 6490. Deputies, 6602. Designation, 6612. Drafts on, regulations for presentment, 6644. Entry of sums received, paid, and trans- ferred, 6642. Examination of depositories, 6653, 6654. Federal farm loan banks, 9835cc. Federal reserve banks, 97.98. Depositaries for War Finance Corpo- ration, 31.15%hh. Fiscal agents in sale of United States bonds, etc., 68.29m (%), Appendix p. 1783. In foreign countries, 66.12a. Deposits of proceeds of bonds and certificates of indebtedness, 6829p, Internal revenue stamps delivered to, 6318.h. º Mints at Carson City and Denver and as- say office at Boise City, 6579. Moneys collected under internal-revenue laws, 5934. s sº e º tº National Banks, duties and liabilities, 9691. Interest on deposit, 9693. Reserves, 9692. * e Payment for bullion in coin certificates, 6513, 6514. - In Philippine Islands, 6580, 6581. In Porto Rico, 3803eee, 6580. - Public moneys in, failure to safely keep, 10256, 10257. To keep safely, 6638. Post-Office Department, transfer, 6640. Subject to draft of Treasurer of Unit- ed States, 6582. Transfer, 6639. Receipt of treasury notes, etc., 384. Redemption of minor coins, 6495. Report of changes in, 400...... Report of outstanding liabilities to Secre- tary of Treasury, 484. DEPOSHTIONS Attorney’s fees, 1378. Authority to take, 1472. 1475. g * - Agents to manage seal fisheries in Alaska, 8864. Consular officers, 3185, 3211. Examining boards, 1916. Indian agents, depredation by Indians, 4160 Officers investigating suspected at- tempts at fraud under pension laws, 9073. Secretaries of legation, 3211. Bankruptcy proceedings, 9605. Rules governing, 9605. Claims pending before Congress, 6409, 6410. Claims pending in Executive Departments or Bureaus, 266-269. Commissioner of Patents to prescribe rules for taking, in Patent-Office cases, 9450. Commissioners to take testimony, 1472–1486. Court of claims, appointment, 1154. Fees, 1162. Procedure, 1156–1161. Foreign countries for use in this COun- * try, 1486. Use in Court in foreign countries, 7619-7622. Witnesses, power to compel attend- ance, 1486. Contested elections of members of House of Representatives, 165, 166, 170, 175, 176, 182, 184. Copies of papers, 1480. Courts-martial in army, 2308a, arts. 25, 26 “ books, etc., produced, De bene esse, authority to take, 1472. Mode of taking, 1473. Notice, 1472. & Prize cases, 8400. Transmission to court, 1474; Use of, 1474. * When to be taken, 1 (72. 1)edimus potestatem, 1477–1481. DEPOSITIONS (Cont'd) In District of Columbia, for use in suits pending elsewhere, 1482–1484.' Failure or refusal of Witness to at- tend, 1484. Manner of taking and transmitting, 1484. Summons, 1482. When no commission nor notice, 1483. Witness fees, 1485. Extradition of foreign fugitives from jus- tice, 10111, 10116. Federal Trade 8836i. Fees, hearings by order of commissioner of land office, 699a. Of United States Commissioners, 1451. Hearings in land entries, fees for, 4475a, Appendix p. 1777. Interstate Commerce Commission, ceedings before, 8576. rººftons by Executive Departments, etC., * Letters rogatory, to take, in foreign coun- try, 1486. Witness, how compelled to attend, 1486. Making or using, by persons not in mili- tary or naval service of false deposition, to obtain payment of claim; Civil lia- bility, 641}. Mode of taking, 1479. State Laws, 1476. Monopolies, suits relating to, 8826. Naturalization proceedings, 4352(7), 4369. Naval courts, 3038. Oaths, investigations by Executive De- partments, etc., 265 To perpetuate testimony, 1477. Admission as under State laws, 1478. Registers and receivers, proceedings be- fore, 4502, 4503. Search warrants, 10496%d, 10496%.e. Subpoena, duces tecum, 1479, 1480. Testimony for use in foreign countries, 7619–7622. United States Tariff Commission, fees and mileage of deponents, 5326g. Power to take, 5326g. Witness, how compelled to give, 1479, 1486. Fees, prepayment, 1481, 1485. Place of attendance, 1481. DEPOSITORIES See Depositaries of Public Moneys ; Postal Savings Depositories ; Public Money. Postal savings depositories, 7580-7597. HDEFOSITORIES OF PUBLIC D400 U- MºMTS Department, etc., publications for not to be numbered, 7153. Designation of new depositories, 7143. Distribution of publications to, increase or decrease in number of copies for, 7139. Documents allotted to, Ephemeris and Nautical Almanac, 7098. Inºse or diminution of allotment, 7.139. - Official Register, 7092. Free public use of documents, 7144. Libraries designated as, to be continued, 7143. Libraries of executive departments and military and naval academies constitut- ed, 7179. Patent specifications and drawings, not to be taken from, 7093. I} EPOSHTS See Depositaries of Public Moneys ; Deposits in Court ; Federal Reserve Banks, National Banks : Postal Savings Depositories ; Public Mon- ey ; Recruit Depots ; Special Depos- (its. Admission of aliens liable to exclusion on making cash deposit, 4289%kk. Bullion, certificates, 6564-6567. Delivery of coins or bars to deposi- tors, 65.11, 6512. For gold coinage, 6465. At mints, 6443. For bars or coinage, 6466. $3y mint superintendents, 6440. What, may be refused, 6465. With superintendents of mints or as- sayers, 6565. Contract for supplies for Indian service, forfeiture, 4042. Cost of surveys, etc., of public lands, in Alaska, 5081. Mineral lands, repayment, 4813. Permanent appropriation for repay- ment, 6799 (41). Commission, hearings, pro- DEPOSITS (Cont'd) Cost of surveys (Cont'd) Railroad grants, 4888, 4914-4917. By settlers, application as payment for land, 4814. In Louisiana, applicable to resur- veys, 4815. Certificate receivable in pay- ment for land, 4815. Townships, 4811. Credited to appropriation for sur- veys; excess returned, 4812. Costs, Suits by seamen without, 1630a. 1630a, Appendix p. 1746. Federal reserve bank member With non- member banks, 9801(2) c. Federal reserve notes, before delivery to banks, 9799(8). - Gold, pending appeal in suit to foreclose miners’ lien in Alaska, 5068. With superintendents of mints or a S- Sayers, 6565. In treasury, certificates, 6564. Pending appeal in foreclosure of miners’ lien in Alaska, 5068. Postal revenues by postmasters, 7209, 7210. Postal Savings depositories, 7580-7597. Proceeds of prize property, 8402, 8403. Pºlase money for discharge from army, By receivers of unearned fees and unof- ficial moneys, 4487–4490. Savings, Marine Corps, 2937. Seamen of navy, 2874-2876. Soldiers, 2193–2195. - To Secure purchase price on sale of prod- ucts, etc., of national forests, 5146. Refunds, lands within but not part of forests, 5147. - Timber purchasers, national forests, de- fraying cost of disposing of débris, 5137a. Time deposits defined, 9801(1). Unallotted pay of persons in military or naval service, 514ooo. DEPOSITS IN COURT Where deposited, 1644. Withdrawal, 1645. DEPOTS Ordnance and ordnance stores, 1856. Pribilof Islands, for provisions and sup- plies, 8865. DEPRECIATED CURRENCY ſimported merchandise exhibited in, timation of duties, 5603. DEPREDATION ACT See Iºdia.7% Affairs. Indians, 1173. HD]EPREDATIONS Indian depredatiºns, see Claims : Indian Affairs. By Indians, 4159, 4160. Timber lands, 4977–4996. DEPUTY ASSISTANT ATTORNEY GEN- ERAFL See Attorney-General. DEPUTY ASSISTANT TREASURER. See Treasurer of United States. HD EPUTY AUDITOR, See Alºuditors ; Hawaii. H} EPUTY CHLERKS See Clerks. DEPUTY COLLECTORS See Collectors. HD]EPUTY COMMISSIONER OF FISHER- JºS See Coºnºmissioner of Fish, and Fish- €7°ieS. IDF ºbj'TY COMWHHSSHONIER OF NAHL REVEN HJE See Coſmºvissioner of Interºval Revenue. IDEP {JTY COMMISSIONER () # NAVHSA- TION - - See Cominission or of Natºi gation. DEPUTY COMMISSIONER OF PEN- SIONS - See Coºn/missioner of Pensions. HDEPUTY COMPTROH, LER OF TREAS- URY See Comptroller of Currency. IDEPUTY CONS&JHL GENERAL See Consular Officers. €S- Court of INTER- DEPUTY CONSUHLS Sęe Consºllār Officers. DEPUTY FEAEPERAIL RESERVE AGENT See Federal Reserve BCL27/cs. HDIEPUTY LANE SHJRVEYOR See :Surveyors of Laºds. GENERAL IN DEX IPage 2077.I [References are to sections, except Where otherwise DEPUTY MARSHALS See Marshals. DEPUTY NAVAL OFFICERS See Naval Officers ; Custo 177 S. HDEPUTY PAYMASTER GENERAL See Pay Department. DEPUTY PROVOST MARSHAL See Provost Marshals. DEPUTY QUARTERMASTER GENERAL See Quartermaster-General. DEPUTY SHRPPING COMMISSIONERS See Shipping-Coºnºmissioners. DEPUTY SURGEON GENERAL See Surgeon-General. HDEPUTY SURVEYORS OF CUSTOMS See Surveyors of CuSiO771 S. T}EPUTY TREASUR.ERS See Treasurer of United States. IDERELICT PROPERTY Contracts for collection, 69.52. DEREH, HCTS - International agreement for reporting and removing authorized, 7989. Removal by naval officers, 2777. Revenue vessel for destruction, etc., of, 8459%b (51). DESCENT AND DISTRIBUTION See Estate T'aac. Equal rights of persons to inherit, 3931. Income tax exemptions, 6336d. Indians, allottees in severalty, 4222. Laws applicable after patent, 420.1. Irrigable lands, disposition, 4730, 4732a. Proof of homestead entries by heirs, etc., 4532. - Prosecution of homestead contest by heirs, 4537. Value of property acquired by descent, exclusive of income, not subject to in- come tax, 6336d. War risk insurance, 514 ullu. DESCRIPTION Desert lands, in declaration, 4674. Mining claims, 4622. Record of, 4620. Vein or lode claims, 4626. Property in indictment or information for conspiracy to injure or destroy property of foreign government, 7678.p. - Real property, in notice of sale under de- cree, etc., 1642. DESERTERS Army, 2296-2307; 107 sale, etc., of, 2308a, arts. 28, 58-60, Advising or persuading, 2308a, art. 59. Arrest, 2296, 2297, 2308a, art. 106. Citizenship, act relating to removal of disabilities from not to affect for- feiture of pension, 9082. Enlisting in other regiment without discharge, 2308a, art. tº e Enlistment in army, 1886, 2311. Hºnticing, 10206. - Exclusion from Soldiers’ Home for, Forfeitures for, applied to Soldiers’ Home, 9220 Forfeitures of soldiers’ savings, 2.193. Officers to be dropped for, 2001. Pension, 2299, 2302. Act relating to removal of disa- bilities from citizenship not to affect forfeiture, . 9082. Forfeiture of right to, 2299. Removal of disabilities as to citizenship not to affect, 9082. Removal from record of charge, 2298, 2300, 2301, 2303–2307. Resignation, 2308a, art. 28. Retaining deserters in 2308a, art. 60. Term of enlistment, 2308a, art. 107. Mercantile marine, arrest and return to foreign countries, 10129. Merchant seamen, 8380. Treaties, abrogation, 8382a–8382c. Merchant vessels, penalties, 8313, S385. Shipment of other seamen, 8306. Military or Naval Service bounty-land, not entitled to, 4850. Certain men absent without leave not to be held as, 3953. Penalty for avoiding draft, 3954. Prior to March the 3rd, 1865, penal- ty, 3952. - National naval Volunteers, punishment, 3078b(3). * command, 8380, DESERTERS (Cont'd) Navy, 2953-2960. Arrest, 2953. Citizenship, act relating to removal of disabilities as to not to affect for- feiture of pension, 9082. Enticing, 10206. IEntry on ship’s books, 2980(3, 11). Forfeiture of citizenship, 3954. Forfeitures, payment to Navy hospital fund, 9202 Pensions, act relating to removal of disabilities as to citizenship not to affect, 9082. Seamen’s savings, 2874. Harboring, punishment, 2969 (22). Pensions, act relating to removal of disabilities as to citizenship not to affect forfeiture of, 9082. Punishment, 2965(6, 7). For enlisting, 2979. Removal from record of charge, 2954- 2960. Resignation as, 2971. In time of peace, punishment, 2969(21). Revenue-Cutter Service, 8459%b (63). Vºls engaged in fisheries, penalties, 48. DESERTHON Mail, 10369. | | Wife, half pay of pension to, 9096. HDESERTHON ACT See Deserters. Navy and Marine Corps, 2954-2958. DESERT LAND ACT See Desert Lands. Text of act, 4674–4678. DESERT LANDS General provisions, 4674-4750. Affidavits and final proofs, proofs, 4679. Affidavits, 4675. additional Authority to administer oaths, 4545, 4546, 4548. - Extension of time, affidavits, 4683, 4684, 4684a, 4684ccc. Final proof, 4679. Time for making, 4683. Application of act in Colorado, 4680. Bºy warrants receivable in payment, 59. Carey Act, 4685. Amendments, Contest, 4679. Declaration, 4674. T]efined, 4675. - Destruction of monuments, etc., marking springs, 4684e. - Entries, abandoned, military reservations, Nevada, 5007a. After former entry lost, forfeited, or abandoned, 4556. Applicants having made homestead entries, 4684cc. Assignments restricted, 4682. Canceled or not confirmed, repayment of purchase money, 4596. Cancellation, 4679. Failure to pay irrigation charges, 4714a. Coal land, with reservation of coal, 4666-4668. Commutation, 4684c. Perfecting as homestead entries, 4684b, Fºrence of persons in possession, 681. On rºishment of former entry, 14.h. . 4686, 4687. enlarged Yuma project, 7432a. Restricted to surveyed lands, 4681. Rº: of, limited to resident citizens, Rights of entrymen of land with- drawn from settlement, etc., 4524. Suspension, state irrigation districts including public lands, 4695e. Expenditures and cultivation, 4678. Requirements suspended as to entry- men in military or naval service, 4678a. False swearing, perjury, 4546. Fees, 4546. Registers and receivers, 4473. Fines and penalties, destruction of monu- ments marking springs, 4684e. Forfeiture of payments, 4678, 4679. Grants to states for reclamation, 4685- 5 Additional lands in Colorado, 4692. Additional lands in Idaho, 4688. indicated.] DESERT LANDS (Cont'd) Grants to states for reclamation (Cont'd) Additional lands in Idaho and Wyom- ing, 4689. Additional lands in Nevada, 4691. Contracts, 4685. Expenses of reclamation, liens, Unit- ed States not liable, 4686. - Extension of time of segregation in Oregon Carey Act segregation lists, 4694a. Failure to reclaim, 4687. Funds derived from sale, 4685 (4). Lease or disposal except for reclama- tion, etc., prohibited 4685(3). Liens for expenses of reclamation, disposal, • 46.86. Limit of amount to one person, 4685 (4). Maps showing plan of irrigation, 4685(2). Fººts to States or assigns, 4685(4), Payments, lands ir Ute Indian Reser- vation, 4693. Provisions extended to lands within part of former Ute Indian Reserva- tion in Colorado, 4693. - Provisions extended to New Mexico and . Arizona, 4690. Regulations for reservation, 4685 (2). Restoration to public domain, 4687. Secretary of Interior, powers, 4865. State contracts for reclamation or set- tlement, 4685(3). Temporary withdrawal from settlement Or entry, 4695. Time for reclamation, 4687. Indian allotments, leases where allottee is incapacitated, 4217a. Superintendent of irrigation, employ- Iment, number, 4205c. irrigº, land allotted to Indians, 4204, Land allotted to Indians, reports and statements as to projects, 4205a- 4205e. - Plan, filing, 4677. Projects, change of levels of lakes, etc., in Oregon and California, 4749. Rights of way through public lands to canal and ditch companies, 4934. Works, time to complete, 4683. Joint maps, etc., 4677. Ilimit of individual holding, 4674, 4679. Coal lands, 4666. - Oil lands in Utah, 4638. Map, 4677. Patent, 4674, 4678, 4679. Payments, 4674, 4679. cº Protection of rights of persons in mili- . tary service, 3078%q. - Reclamation by United States, 4696-4750. Acceptance of act, 47146. Acquisition of rights of property, pur- chase or condemnation, 4706. Advances to from Treasury, appropria- tion for expenses, 4711. Agents to receive payments on recla- mation entries or water rights, 4731, 47322. Annual 47 Number, 4703. Payment, 4703. Prerequisite rights, 4704. To receivers, 4704. Artesian wells, 4701. Assignment of entries within reclama- tion projects, 4733. Limitation on, 4714c. Patents to assignees, 4727, 4732a. Attorney General, condemnation pro- ceedings by, 4706. Certificate of final payment, 4730, 4732a. Change of levels of lakes, etc., in Oregon and California, 4749. Commutation provisions of homestead laws not to apply, 4703. Condemnation of property, 4706. Construction charges, increase after agreement with applicants and en- trymen, 4713d. Construction of dams across Yellow- stone River in Montana, 4750. Contracts for excess storage, etc., with irrigation systems, etc., 4738–4740. Charges, 4738. - Control of waters of streams in States not affected, 4739. installments, failure to pay, 4 to permanent GENERAL INDEX [Page 2078] [References are to sections, except where otherwise indicated.] BESERT LANDS (Cont'd) Reclamation by United States (Cont'd) Contracts for excess storage (Cont'd) Distribution of water to individual users, 4738. Limitation of water to be furnish- ed, 4739. - Proceeds for reclamation fund, 4740. Tºto and management of works, 473 Contracts for irrigation works, 4703. Co-operation with irrigation districts, etc., for construction of reservoirs, etc., 4739. Entries, assignments, limitation on, 4714c, Cancellation, 4704. - Failure to observe regulations, Failure to pay construction charges, 4713h. - Failure to pay maintenance charges, 4713f. Refusal to reduce area of en- try, 4714c. - Certain entries not subject to con- test for failure to maintain res- idençe, etc., 4736. Final water right certificates to homestead entrymen, 4728. Forfeiture of rights, 4704. Lands relinquished to be subject to, 4714 Lands reserved for when made, 4714. Lands to be irrigated Subject to, irrigation, 2 Leaves of absence to entrymen, 4735. ... & Lesser area than minimum limit, 4720. - Limit of area, 4703. Patents to homestead entrymen, 4728. Reduction of area, within irrigation | projects, 4714c. e Reestablishment of residence, 4736. On relinquishment of former entry, Requirements to be performed by entrymen, 4704. * Rights of entrymen of lands with- drawn from settlement, etc., 4524. Withdrawal of townsites, 4715. Within exterior , limits of land, withdrawal of irrigation project, 4724. Yuma project, 4734a. Farm units, 4720. Forfeiture for default in payments, 4729, 4732a. Redemption, 4729, 4732a. Säle, on failure to redeem, 4729, 4732a, Forfeiture of excess holdings, 4730, 47322. Irrigation, withdrawal from entry of lands susceptible of, 4702. Irrigation districts, contracts with for carrying of waters, etc., 4738. Fiscal agent of United States, 4713g. Irrigation laws of state, etc., not af- fected, 4707. Irrigation projects, dams in Yellow- Stone River, Montana, 4750. Ring Hill project, Idaho, 4709a, Appendix p. 1777. Lakes, etc., in Oregon and Cali- fornia change of levels, 4749. Laws extended to Flathead irriga- tion project, 4732a. Money received or refunded credit- ed to appropriation to project from or on account of which collection made, 4713aa. New projects not to begin until recommended by Secretary of In- terior, 4713. • Superintendent, power to adminis- ter oaths to employés, 4010. Yuma project, exchange of lands, 4734a, Trrigation systems, contracts for car- rying or storage, 4738. Distribution of waters, charges, 738. Irrigation works, acceptance of act, Advances from Treasury for con- struction, 4710. - Agreement to pay increase in con- struction cost, 4714g. DESERT LANDS (Cont'd) Reclamation by United States (Cont'd) Irrigation works (Cont'd) Apportionment of charges, 4703. Charge in lieu of construction cost, 4714a. Charges, balances and deficits, 4713e. * Construction charge increase, 4713i. Construction cost, increase to be paid by entrymen, etc., 4714g. Contracts for, 4703. Eight hours to constitute day’s work, 4703. - Entries reduced in area, 4714C. Exclusion of private lands, 4714b. Location and construction, 4701. Mongolian labor not to be employ- ed, 4703. * -- . Priyaté lands to be disposed of, 4714b. Purchase of books, etc., needed in jºyeys and examinations for, Reports to Congress, 4701. Surveys for, 4701. Transfer of care, Operation, etc., to Water users’ association" or irº. rigation district, 4713e. Transfer of management to land Owners, 4705. Use of earth, stone and timber from public lands, etc., 4741. Use of reclamation fund for, 4705. Withdrawal of lands required for, Wººlletion of district courts, 4732, 732a. Limitation of amount of land before payment of charges, 4730, 47.32a. Limit of amount of lands acquired by One person, 4730, 4732a. Limit of charges, 4703. Notice of lands irrigable, 4703. Opening lands reserved to homestead entries, 4696. Parks, playgrounds, etc., cost and maintenance, 4719b, 19C. Disposition of lands not contracted for, 4719d. Withdrawal from entry, 4719a. Patents, portions of entries within ir- rigation projects, 4714c. Patents to homestead entrymen with- in reclamation projects, 4728, 47322. Proof required, 4734. Reservation of liens for sum due, 4729, 4732a. Paymº. annual installments, 4703, Construction cost, 4713a, 4713b. Forfeiture, 4704. . - Increased construction costs, 4713d. Operation and maintenance charg— eS, 4713e. Penalties, failure to pay construction charges, 4713c. Proof required before patent to entry- #. Within reclamation project, ( j4. -- Purchase of books, etc., needed in sur- Veys and, examination for irrigation Works, 4744. Reclamation act, 4700–4708. - Provisions extended to Texas, 4709. Reclamation fund, 4700. Advanges to, from amount, 4710. te cºcates of indebtedness, treasury, Completion of work on projects begun, 47 Examination and approval of projects, 4710. Expenditures for projects pro- - hibited, 4710. Limitation to work, 4710. Proceeds from sale of lands and water rights credited to, 4719 d. Reimbursements, 4710. Repayment, , 4712, 4712a. Charges for water supply to cities, 4718. Expenditures for rent of offices for Reclamation Service, 4743. Expenditures from, 4714f. Moneys from leases of water pow- er, payment for DESERT LANDS (Cont'd) Reclamation by United States (Cont'd) Reclamation fund (Cont'd) Moneys received or refunded in Connection with operations cred- ited to appropriation, 4713a.a. Moneys refunded, 4742. Payment from, expenses of ap- praisement and sale of town- Site lots, 4716. Expenses for townsites, 4723. Lands acquired, 4706. Subdivision surveys, etc., $720. Payments of annual installments, etc., 4704. Proceeds of contracts for storage, etc., of waters, 4740. Fººds of disposal of townsites, Proceeds of sales, lands acquired, 4748. Lands for default, 4729, 47.32a. Materials, 4742. Repayment of advances, 4712, 4712a. Royalties and rentals from po- tassium land leases, 4640ii. Use for reservoirs and irrigation works, 4705. Reclamation Service, employés, as- Signments of pay, 4745. Open market purchases of supplies Or proCurel ment Of Services not exceeding $50, 6836c, Appendix p. Rent for offices, 4743. Rººters and receivers, commissions, 4 Regulations, 4714e. Reservoir sites, to include only neces- Sary land, 4698. Open to United States for right of Way, 4699. Reservation, 4696. Reservoirs, title to and management Of, 4705. • Use of reclamation fund for, 4705. Restoration of lands withdrawn; 4702. Sale #, ands acquired, appraisement, {46. Conveyance to purchaser, 4747. Limitation of lands, 4747. Notice, 4746. Proceeds into reclamation fund, 4748 sº, jºr water rights to land owners, Secretary of Interior, acquisition of rights of property, 4706 . Agreement with entrymen, etc., to Day increased construction cost, 4714g. Charges under irrigation projects, 4714a. Estimates to be submitted Con- gress, 4714f. Extension of time to accept irriga- tion project act, 47.14d. - - May suspend residence require- ment, 4704a. Parks, playgrounds, etc., agree- ment to maintain, 4719C. Proceedings under state Iaws, 4707. Regulations for execution of act, 4708, 4714e. . Sale of townsite lots, 4716. Withdrawal for country parks, playgrounds, etc., 4719a. Withdrawal from entry of town- Sites under irrigation projects, 4715. Settlers on certain townsites to have rights to purchase certain lots built upon, 4723. Subdivision of land into lesser areas than 40 acres, 4720. Surveys of subdivisions, 4720. Surveys, 4696. - For irrigation works, 4701. Townsites, appraisement and sale of lots, 4716. Appraisement and sale of lots, ex- penses, 4716. Disposal of townsites previously Set apart, expense, disposal of proceeds, 4722. Limitation on size not to apply, 723. Manner or payment for lots sold, 26. Public reservation, 4717. Re-appraisement of unsold lots, GENERAL INDEX [Page 2079] [References are to sections, except where otherwise DESERT LANDS (Cont'd) Reclamation by United States (Cont'd) Townsites (Cont'd) - Survey and subdivision, 4715. . Water rights, 4718. Water Supply, charges for, Lease of surplus water power, 4719. Withdrawal and disposal of larger townsites authorized, 4723. Withdrawal from entry, 4715. Water rights, applications, modifica- tion, 4737. Certificates, 4728, 4732a. Proof required, 4734. Certification, reservation of lien for sums due, 4729, 4732a. Contracts for carrying or stor- age, 4738. Waters, contracts for storage, etc., With irrigation systems operat- ing under Carey Act, 4738. Extent of right to use, 4707. oºterstate streams not affected, Water users association as fiscal agent of United States, 4713g. wºgrawal from entry, 4696, 4697, 2. Withdrawal of notices of lands rigable, 4737. Reclamation projects in Glacier National Park, Lassen Volcanic National Park, pro- jects in authorized, 5249e. Rocky Mountain National Park, pro- jects within, 5249a. - Repayment of fees and purchase money, appropriation, 4597. Rules by commissioner of general land office, 4598. Warrants for payments, 4598. Reservoir sites, control and regulation by states, 4699. Residence, relinquished entry residence to be credited, 4714h. Suspension of requirements, 4704a. Reversion to government, 4678. Sale, 4674. Lands allotted to Indians eralty When Within projects, 4238. Springs, water holes, 4684d-4684f. State irrigation district including public lands, 4695a–4695h. ir- reclamation etc., protection, Amount Sold to single purchaser, 4695f. Cancelled lands, entry, proof requir- ed, 4695f. Construction cost of canals, etc., ap- portionment, 4695b. Disposal of proceeds, 4695h. Lien for charges, 4695b, 4695e. Release of, 4695C. Maps and plats, approval, 4695C. Entry on records by register and - receiver, 4695d. Notices, delivery to registers and re- ceivers, 4695g. - Patent, 4695b, 4695f. Public lands subject to state laws, 4695a-h. - Purchasers, qualifications, 4695f. Redemption rights, 4695g. Relinquished lands, entry, proof re- quired, 4695f. - Sale for taxes and assessments, 4695e. Subrogation to rights of purchaser, 4695f. Suspension of entries, 4695e. Withdrawal of public lands, effect, 4695b - States subject to act, 4676. Survey of for irrigation purposes, 776. Time allowed for improvements or rec- lamation of land entered within ex- terior limits of irrigation project, 4724. Water rights, 4674. Application, cancellation, 4713c, 4713f, 4713h, 4714a. - Final water-right certificates, 4728. Purchase, 4678. Waterways commission, creation, powers, etc., 10003%a. DESICCATED WIEGETABLES Purchase of, for navy, 6877. DESIGNATED DEPOSITARIES See Depositaries of Public Moneys ; Public Money. 4718. || in sev- DESIGNS Copies of, fees for, 757. Patents for, authorized, 9475. Extension of, issued prior to 1861, 94.80. - Fees, 9482. Infringement, 9476, 9477. Models of dispensed with, when, 9478. Patent law applicable, 9481. Term, 9479. DES MOHNES RIVER * Free of toll to United States, 9838. DESTITUTE SEAMEN See Merchant Sea??ve?!. DESTRUCTION Agricultural college landscrip, reissue, Certificate of inspection of plants, 8762. Checks, duplicates for, 6645, 6. . Condemned meats, 8681(2, 4). Copies, plates, etc., infringing copy- | rights, 9546. Court records, restoration, 1513–1518. Distilled spirits, abatement of internal revenue tax, 5945. Empty cigar-boxes with stamp thereon, 6214. - Equipment on steam-vessels not up to regulations, 8172. Federal reserve notes unfit for circula- tion, 97.99 (3). Food, fuel, etc., 31.15%ff, 31.15%hh, 31.15%qq. - * Food or drugs adulterated or misbrand- ed, 8726. Imported food or drugs, 8727. Fractional currency, 6545. Grave-stones, trees, etc., in national Cem- eteries, penalty, 9376. Internal revenue, stamps on emptied packages of filled cheese, 62.53. Stamps on emptied packages of Oleo- margarine, penalty for neglect, etc., 6225. - Stamps on imported packages of mixed flour, penalty for neglect, 6267. Invoices of imported goods, 10232. Letter boxes, 10368. Liquors, in Alaska, 3643m. In District of Columbia, 3421%l. Live-oak or red-cedar timber, 4980. Mail matter by postmaster or employé, 10365. Malicious, of trains, vessels, etc., extradi- tion for, of fugitives from foreign coun- try, 10110. Meat inspection labels, etc., 8681(9), 8683, 8711. Military bounty land warrant, 4851. New Warrant, 4853, 4854. Monuments, etc., in National military parks, 5284. National bank notes, mutilated or Worn- out, 9723, 9751. Redeemed on dissolution, 9812. Necessaries for purpose of enhancing price, 31.15%ff, 31.15%hh, 31.15%gg. Newspapers by postmaster, etc., 10366. Objects of antiquity, 5278. Opium unlawfully imported, etc., 8801. Original copy of Catalogue cards of copy- rights, 9577. Paid money orders, etc., 609. Property by soldiers, 2308a, art. 89. Property of foreign governments in Unit- ed States, 7678.p. Public records, 10298. Records by officer, 10299. Ruins, etc., in Mesa, Verde National Park, Survey marks, 10224. Tea of inferior grade, 8791. Tobacco, Snuff and cigars, abandoned, condemned, or forfeited, 6178. United States bonds, duplicates, 6817-6820. United States notes, 6559. By maceration, 6560. - TJnlawful inclosure on public lands, 4998, 5001. Vessels, grounded, etc., and endangering navigation, 9925. - Notice to collectors of customs, 8095c. By owner, 10473. By person other than owner, 10474. Within territorial Waters of United States in time of war, etc., 9959%.C. War material, 10212.h4/16, 10212h4%. Weights and measures, replacing Stand- ards, 8902. - HDETACHED OFFICERS Details to staff Corps, 1997a. Existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. indicated.] DETACHED OFFICERS (Cont'd) Limitation on service, 1999c. Part of regular army, 1717a. Study of law prohibited, 1999b. DETTAILS Army, ammunition train, 1758a. Army War College, officers from gen- eral staff corps, 1763b. Aviation duty, 1907. - Aviation section, 1860, 1867b, 1997aa. Chief Ordnance officer to staff of army corps or division commander, 1848a. Clerks and employés at headquarters or divisions of armies, etc., to bureaus of War Department pro- hibited, 317. - 317, Appendix p. 1737. Commissary Sergeant, as assistant to commissary of cadets, 2276. - Corps of engineers, 1841, 1842a. Battalion adjutants and battalion quartermasters and commissa- ries, 1842. - For enlisted force, 1843. Pººl surgeons to military academy, 1834. Disciplinary barracks, 2458a (4). Engineer Corps, 1844. Engineer train, 1758a. Enlisted men, to care for material, etc., 3062e. - Civil pursuits, 1892f. Disciplinary barracks, 2458a.(4). As instructors in rifle practice to organized rifle clubs, 3071a.a. As laborers, 2007. At remount depots, 2014. Reservé, officers’ training corps unlis, 1881j. Special service, 2008. As Stenographic reporters Courts-martial, etc., 2015. General Staff Corps, 1762a. - Officers to Army War College, 1763b. - Reconnmendation of board, 1762a. Inspector General, 1771. J #. Advocate General’s Department, 1999a. Limitation, 1999c. Line of army to fill vacancies, 1905, 1905a, 1908a. - Line to staff, 1762a, 1905, 1905a, 1906, 1908, 1908a–1910, 1997a. Temporary, 1905a, 1908a. - Vacancies Created by details to na- tional guard, 1908a. Majors to Ordnance department, 1906a. Medical inspectors, 2026i. Military academy, officers, 2225. Professor of mathematics, 22.13. Professor of modern languages, for Professor of ordnance, 2210. Professor of hygiene, 2211. Militia duty, 3073, 3073a, 3074. Militia, encampments, 3073, 3073a. Officers, as assistant to chief of staff of national guard, 3044f. As chief of staff of national guard, 3044f. As inspectors and instructors of militia, 1997, 3064. - As instructors, in military tactics at educational institutions, 2283- 22953. As professors of military Science and tactics at institutions having reserve officers’ training Corps. units, 1881.i. - At disciplinary barracks, 2458a (4). At public rifle ranges, 3070b. Chief of staff, from major gener- als, 1762a. Chief ordnance, to staff of army or division commander, Number, 1762a. Ordnance department, majors to, 1906a. - Retired, active duty, etc., 2080a, 2080b. As adjutant-general of District of Columbia, militia, 2076. Service in militia, 2077. Schools and colleges, as instruc- tors, 2289a, 2289aa. Sergeants for duty with national guard, 3074a. To attend encampments of militia, 3073, 3073a. To command units guard, 30440. Tank, pay, of national. GENERAL INDEX DETAILS (Cont'd) Army (Cont'd) Officers (Cont'd) To detached list, 1997b. To educational institutions, hav- ing Reserve Officers’ Training Corps units, 1881jj, 1881jjj. To general Staff Corps, 1762a. To inspect national guard, 3064. To Ordnance Department, 1848, 1849, 1850. - To signal corps, 1867g. To training camps, 3072a. To United States Shipping Board, 8146bb. * Volunteer medical officers, limita- tion on command, 2026i. Ordnance enlisted men to regiments, etc., 1854. - Quartermaster Corps, 1779. Recruiting depots, 2009–2012. Regular army reserve, Gers’ training Corps units, 1881j. Restrictions on suspended, 2044k. Sanitary train, 1758a. Service schools, 2017. Signal corps, 1867g. Enlisted men, 1866. Study of law prohibited, 1999b. Supply train, 1758a. United States Shipping Board, 8146bb. Ajant in Spectors of steam vessels, Assistant treasurer, employés detailed from office of, to office of treasurer, 367a. Bureau of Mines employés, reports to Congress, 783a. Temporarily at Washington, expenses or per diem, 783a. * Clerks and employés, of general staff to - War Department, 3.16. o, War Department to general staff, 16 Clerks from and to offices of surveyors general, 4460a. 4460a, Appendix p. 1776. Cuba, details of army officers requested by government, 1998. Employés, auditing accounts of Military Establishment at places other than seat of government, 4.20a, (f). Of bureau of mines for service in Washington, 783a. 783a, Appendix p. 1744. . To suppress violation of laws, 378a. Fºerators to two or more districts, Explosives inspectors, 31.15%g. - From executive department to boards of ºmissioners and councils, prohibited, 782. From government departments to assist engineers in Works of flood control, 10030% c(2). Immigration officers, 959. Indian education, 416.2, 4163. Inspectors of steam vessels, 8168, Appen- dix p. 1791. Marine corps, officers and enlisted men, to Dominican Republic, 28.13CC. Officers, as assistants to Judge Ad- vocate General of the navy, 613. To assist Chief of naval Operations, 21C. Naval flying Corps, officers and men for air craft duty, 2952%r. Naval militia, regular navy officers or men, 3078a, (22, 23). Ship keepers in, 3078a (13). Navy, appointments, 2493-2497. Aviation duty, 2823. Enlisted men, to Dominican Republic, 2813CC. Officers, act as aid or executive offi- , cer, 2663. Aid distressed navigators, 2776. As a SSistant to judge advocate general, 613. ASSistant Chief of bureau, Con- struction and repair, 642a. Navigation, 631. * Ordnance, 632. Steam engineering, 636. Supplies and accounts, 638. Yards and docks, 642a. AS Superintendents or instructors in nautical Schools, 2764-2766. Coast and geodetic survey service, 8553, 8558. Allowance for subsistence, S559, 85.60. Corps of civil engineers as assist- ant to chief of bureau, 642a. reserve offi- | Armed vessels, [Page 2080] [References are to sections, except Where otherwise DEFAHLS (Cont'd) - - Navy (Cont'd) Officers (Cont'd) Hydrographic office, 657a, 657b. 657bb, Appendix p. 1744. Instructors in educational tutions, 2283-22953. Lighthouse service, inspectors, 8434. Additional salary prohibited, 8455. - Traveling expenses, 8456. Line 6fficers for duty in ſnavy yards, 2791. Medical corps, to military relief di- vision of red cross association, 2498a. Remove derelicts, 2777. Republic of Haiti, 28.13a. Retired, to command of squadrons, 2654–2656. Secretaries and clerks, 2490. Service in War Department, 2609. Storekeepers on foreign stations, 2610, 2611. Student flyers, 2952%l. Surgeon as member of advisory board of hygienic laboratory, 91.41. To assist chief of naval operations, 21c. ſº To Dominican Republic, 2813CC. |United States Shipping Board, 8146 bb. Officers and men, 2952%l. Of navy and marine corps to Serv- ice with Republic of Haiti, 28.13a– 28130. Promotions, 2497. Ralnk, 2498. Storekeeper at naval academy, 2749. Officers, enforcing alien Contract labor laws, 939. - Of Treasury Department, to enforce act relating to viruses, serums, etc., 8782. - To inspect establishment for propaga- tion and preparation of viruses, Se- rums, etc., 8780. Panama, details of army officers request- ed by government, 1998. Persons in classified service at Washing- ton for service outside District of Columbia, 252a. 252a, Appendix p. 1737. Public Health Service officers, 959, 9139a. With Bureau of Mines, 9139a. 9139a, Appendix p. 1796. With coast guard, Army, 9141a. To leprosy home, 9188e. Jr. Secretary of labor, officers for enforcing alien contract labor laws, 939. Statements in estimates of employés de- tailed to other bureau or office, 6680. Traveling expenses of army and navy of— ficers detailed for lighthouse service, 8456. Troops, for protection of Sequoia, Yosem- ite and General Grant Parks, 5217. For protection of Yellowstone Park, 5.190. Vessels, to prevent injury from coast ar- tillery fire, 9862a. 986.2b, Appendix p. 1799. DETECTHWES See Secret Service. Employes of private agency, not to be employed in government service, 3226. In Office of assistant treasurer at New York, 6593. DETENTION - - Alien passengers pending inspection, 4289%f, 4289%hh, 4289%i, 4289%l. 10182C. Bankrupts pending examination, 9593. Foreign vessels, 10179, 10181. Seamen, 10250. HD}}TROIT REVER POSTAL SERVICE Contracts for equipment, 7262. Marine letter carriers, salaries, 7236d. as student flyers, or Navy, DEVISES See Estate T'aº. Income tax exemptions, 6336d. Irrigable lands, disposition, 4730, 4732a. Proof of homestead entries, 4532. Value of property acquired by, exclusive. of income, 6336d. IDIAA'ſ ONEDS Shipper of, to notify carrier, 8019. not Subject to incorne tax, insti- indicated.] HDICE - - - Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in Cer- tain cases, 6348b. When held or intended for 6309% c. DICK ACTS See Militia. - - - Mºjº, 2042, 3049, 3052, 3053, 3073, 3075, Sale, DITES - - - Counterfeiting dies for coins, see Court- terfeiting. Counterfeiting dies and stamps for fer- Imented liquors, 6153. Federal reserve notes, 9799(7). Control by Comptroller of Currency, 9799(9). Engraving and printing, 9799(11). Examination, 9799 (10). National bank notes, engraving, printing, etc., 9714-9718, 9751, 9799(11). National Character, may be executed at Mint, 6522. Obverse working-dies to be destroyed at end of each year, 6521. - Procurement for manufacture of arms, 31.10a. D}{GEST Federal Reporter, distribution, 1206. sºme Court reports, distribution, 1203, DINGILEY ACT . - Shipping, 3176, 5472, 5563, 5653, 5669, 7469, 7707, 7759, 7803, 7812, 8028, 8221, 8287, 8301, 8309, 8323, 8350, 8362, 8369, 8371- 8374, 8382, 10136. Tariff, 5669, 6147, 6204, 10271. |DIPHLOMIATIC OFFICERS See A77v bassadors ; Coºnºmissioners to Foreign Countries ; Consular Courts : Erºvoys Eactraordinary Foreign Dip- loºrvatic and Consular Officers ; Min- ČSterS. - Absence without leave, 3199. Accounts, Auditor’s examination, 420. Agent at Cairo, salary, 3119. Title, 3.120. Books from library of congress, 139. Buildings for, 3209. Certificate of authority of foreign execu- tor or administrator applying for pat- ent, 9440. Chargé d'affaires or secretary of legation, appointment, 3130. Chiefs of Diplomatic Bureaus, 290. Chinese, exempted from operation of Chi- nese Exclusion Act, 4300, 4314. Clerks at legation, qualifications, 3133. Compensation, additional during war, 3212a. Allowances, for time of transit to and from posts, 3201. Allowances to secretaries and messen- ger of legation to Paris, 3135. Consular officers, 3196, 3197. Director of Consular service, 297. EXtra. Compensation prohibited, 3202. Fees, accounting, 3134. Coin of the United States or its exchange Value to be used in payment, 3206. Regulation by president, 3205. Reports as to, 306. Payable only to citizens, 3203. Retired officers of army, 2065. Salaries, 31.17. - Absence from post, 3200. Envoyºla minister to Paraguay, To Uruguay, 3124. Interpreter to legation at. Japan, 31.27 - cº - Minister to Guatemala, Costa Rica, etc., 3128. Person filling two offices, 3132. Secretary of legation acting chargé d'affaires, 3131. Term during which payable, 31.98. Consular Officers performing functions of, compensation, 3196, 3197. Consul defined, 7676. Correspondence regarding public affairs prohibited, 3199. Creation of new ambassadorships, 3121. Death abroad, allowance to widow or heirs, 3210. Definition of term, 3116. Director of Consular Service, salary, 297. Envoy and minister to Paraguay, ap- pointment and salary, 3123. - a.S GENERAL INDEX [Page 20811 [References are to sections, except where otherwise indicated.] DIPLOMATIC OFFICERS (Cont'd) Envoy and minister to Paraguay (Cont'd) Tºuguay, appointment and Salary, Estimates for diplomatic service, 6697. Evidence to overcome presumption of ex- patriation of naturalized citizens, 3959. Extradition of foreign fugitives, authenti- cation of copies of Warrants, etc., for, 101.11, 10116. Falsely assuming or pretending to be, 7678m, 10514a–105.14d. Foreign governments, legations or resi- dences in District of Columbia, 3501. Indorsement of certificates of identity of Chinese entitled to enter, 4293. Interiºr of legation, to Japan, Salary, 27. To Turkey, 3126. Judicial authority of ministers and con- suls of United States in certain for- eign countries, 7633–7676. Jurisdiction, how exercised, 7690. Jurisdiction of consuls to China, 7688. Minister, defined, 7676. To Hayti and Liberia, to be consuls- . general, 3129. Oaths administered to applicants for pat- ents by, 9436. Oaths in bankruptcy proceedings adminis- tered by, 9603. Passports to citizens of United States, 7623–7628. Presents, offices, prohibited, 3199. Process against foreign public ministers or servants thereof, invalidity, 7611. Penalty for suing out, 7612. Register of names of, 7613, 7614. When issuable, 7613. Recommending others prohibited, 3199. Record of names of persons found on ex- amination to have fitness for appoint- ment for lower grades of service, 3130c. Regulations prescribed by president, 3212. Reports concerning, 306. Reports, terms of measure, weight, and money, 865. Retired officers of army, pay, 2065. Secretaries and messenger of legation, to Paris, allowance, 3135. Secretaries not to be appointed to any particular post, 31.30a. Secretary of legation acting as chargé d'affaires, salary, 3131. Secretary of legation at Constantinople, 3125. Secretary of State, management of for- eign affairs, 300. Stationery, etc., provided for, 3208. Suits against, jurisdiction, 1210. Table of fees to be attached to clearances of certain registered vessels, 7798. Trade-marks, declaration for registration verified before, 9487. Transaction of business prohibited, 3130d. Uniforms and official customs, 3136 Violence to, punishment, 7610. DIRECTOR OF BUREAU (OIF ENGRAV- ING AND PRINTING - Bureau under control of, 510. Regulations as to leaves of absence, 511, 512 - titles, etc., acceptance for employment Reports to Secretary of Treasury, 510. DIRECTOR OF BUREAU OF MINES Absence, assistant to act, 783b. Appointment, 783. Appointment of employés, 31.15%g. Assistant to act in absence of, 783b. Disposal of receipts from investigations, etc., 787. Explosives, regulations of manufacture, etc., of, 31.15%dd-31.15%k. Qualifications, 783. Reports, 785. Restrictions upon as to personal inter- est in mines, etc., 786 Salary, 783. Schedule of fees for investigations, etc., to be prepared by, 787. ** DIRECTOR OF BUREAU OIF STAND- ARDS Acting Director during absence, 928. Appointment and duties, 926. Fees of Bureau fixed by, 929. Regulations, as to standard barrels for lime, 8907i. As to variation in standard barrels, 8907e. Salary, 925. COMP.ST.’18—131 MDIRECTOR OF BUREAU OF WAR, RISEK INSURANCE Action on assigned claim for injuries, 514tttt. Compromise of assigned claim for in- juries, 514tttt. Estimates, 514l. Payment of claims for losses, 514f. Powers and duties, 514kk. Regulations, 514kk. Salary, 514a. Subpoenas for witnesses, 514kkkk. DIRECTOR OF CIVILIAN MARKSMAN- SHIP Appointment by president, 3070c. DIRECTOR OF NATIONAL PARK SERVICE - See National Park, Service. Appointment and salary, 787d. a Assistant, 787d. . . Chief clerk, 787d. DIRECTOR OF OFFICE OF EXPERI- MENT STATIONS Reports, number of copies, distribution, 7134. DIRECTOR OF THE CENSUS See Census. Allowance of traveling expenses to offi- cers, etc., 4413. Appointment, 911. Appointments by, additional clerks during census period, 918. Designation of supervisors of Cen- sus, 4393. Emergencies, 919. Officers, clerks, 914. Special agents, 4387, 4389, 4402. Supervisors of the census, 4393. Temporary supervisor on vacancy, 4393. Assistant director, during census period, 915 and employés, 913, Duties, 916. Blanks for tobacco statistics to be pre- pared by, 4422 Chief clerk as acting director, 913, 916. Collection of statistics, 4389. Cotton, production, 4391. Cotton seed and products thereof, monthly statistics, 4434a. Request for information, Spe- cial agent or registered mail, 4434C. ' • Raw and prepared cotton, linters, 4434d. Tobacco statistics, 4421. Information by mail or by special agents, 4428a. Vital statistics, 4390. Compensation to widow of supervisor or enumerator, 4401. Co-operation with Commissioner of In- ternal Revenue as to tobacco statistics, 4427. & Co-operation with state officials in col- lection of statistics of manufactures, 4392. Copies of files or records to be furnished by, 4418. To state or municipal officers, 920. Duties, 911. - Examination for clerks and employés during census period prescribed by, 919. Expenditures to be authorized by, 4413. Incomplete and unsatisfactory enumera- tion, amendment of, 4398. Individual reports not to be examined ex- cept by employés, 4411. . Information to be furnished the Bureau of Statistics 9f the Department of Ag- riculture as to cotton, 4430. Interpreters to assist enumerators, 4399. Mailing publications relating to cotton, 30. Oaths of officers, etc., to be prescribed by, 4405. Official register indexed and approved by, 912. . Payment of compensation to widow of supervisor or enumerator, 4401. Permanent organization of Census office by, 910. - Printing by Public Printer, 4414. Tobacco reports, 4428. Printing, publishing and distributing bul- letins and reports, 4415. - Private secretary during census period, DIRECTOR OF THE CENSUS (Cont'd) Publication of names returned in First Census, sale, 4420. . Publication of tobacco reports, 4428. Recommendation for appointment of ad- ditional census officers during census period, 915. - Reports, cost of publication of names in First Census, 4420. Rººts to, of quantities of tobacco, etc.,. Salary, 911. - During census period, 917. sºules to be prepared by, 4389, 4391, Special statistics as to crimes, etc., 4389. Supervisors of census to be under direc- tion of, 4394. Supreme Court reports for, 1203. Vacancy in Census Office filled by, 919. DIRECTOR OF THE GEO LOGICAL SURVEY Absence of, authorization of acting Direc- tor, 771. Appointment, 770. - T}isposal of maps and atlases, 779. Disposal of receipts from copies of photo- graphs or lantern slides, 782. Distribution of unsold publications for public libraries, 7105. Duties, 770. - Establishment of office, 770. Furnishing of copies of cartographic or other engraved or lithographic data, 781. Furnishing of copies of photographs or lantern slides, 782. Reports, 776. Mineral resources, 7101. Pamphlet publication of, quest of Director, 7101. - Papers for, to be of economic charac- ter, 7.101. Rºmmendations as to editions Of, 7104. - sº, additional copies, distribution, 710 OIl Te- To be in pamphlet form, 7101. . To be transmitted to Library of Con- gress, 7104. Restrictions on having personal interest in lands, etc., 770 Salary, 770. Selection of scientific employés, 773. Supreme Court reports for, 1203. surve. of lands granted to railroads, 888. .* Of national forests, 5124. Not to be made for private parties, etc., 770. DIRECTOR OF THE MINTS See Mints. DIRECTORS - See Astronomical Director; Director of Bureau of Engraving and Print- in g : Director of Bureau of Mines ; Director of Bºreau of Standards ; Director of Office of Eacperiment Sta- tions ; Director of the Census ; Fetl- eral Reserve Banks : National Banks. Mints, see Mints. - Pay directors of Navy, see Pay Corps. Columbia Institution for Deaf, 9345, 9346, 9352–9359. i Common Carriers, embezzlement by, of moneys, etc., used in Interstate Com- merce, 8602a. Corporations, criminal liability for viola- tion of Anti-Trust laws, 8835m. Not to hold office in more than one corporation where capital exceeds certain sum, 8835h. - Government Directors of certain corpora- tions, how paid, 10059. Union Pacific Railways, reports of, number of copies, distribution, 7085. IHygienic laboratory, pay, 9145. - Interlocking directorates forbidden, ex. ceptions, 8835h. - National banks, see National Banks. DIRECTORY See Congressional Directory. Parcels post system, 7322, 7327. DIRECT TAXES Apportionment (Const. art. 1, § 2, cl. 3; Const. art. 1, § 9, cl. 4). s Income tax, levy without apportionment (Const. am. 16). Suits for to be in name of United States, GENERAL INDEX [Page. 20821 [References are to sections. except where otherwise indicated.] DISABILITY . . . . . . . . See Disqualification ; Insane Persons. Appeals to supreme court, time for tak- ing, 1649 Appraiser of customs, form duties, 5396. Claimants against United States, 991(20), Compensation under war risk insurance act, 514qqq-514tttt. Discharge for, army, travel allowances, 2164a. Governor of Porto Rico, 3803ii. Harbor master at Washington, D. C., pi- Iot of police boat to act, 9953. Holding office, removal, 3219. Judges, authentication of bill of excep- tions, 1590. - - Designation of other judge, 980. District judge of District of Porto Rico, 3803dq. Taking bail by clerks, 1573. Limitation of suit on marshal’s bond, 1810. Naval officers, retirement for, 2623, 2627, 2632, 2633. Navy pension-fund, when used for com- fort of disabled officers, seamen, and marines, 9084. Pensions to disabled keepers or members of life saving crews, 8542. Persons holding claims against United States, 991 (20), 1147. Proportionate rate of pension for, 8974. Rebellion, participation in after oath to support constitution (Const. a.m. 14, § 3). Retirement for, army, rank, pay, 2064. Retirement of naval officers for, 2640. Seamen, relief fund, 8334. Relief fund, penalties and forfeitures, 8389, 8390. - Sea-post clerks, allowance, 7540. Soldiers, admission to national Soldiers’ Home because of, 92.13, 9225. DISABILITY PENSION ACT See PeºSiO70s. Text of act, 8937, 8982. DHSARMAMIENT - Conference of governments to consider question of, appointment of citizens as members, compensation, 7686b. President to invite, 7686b. IDISBARMENT - See Attorneys. IDISBURSTING OFFICERS . See India?" Affairs ; Public Money. Accountability for trust funds, 6614a, Ap- pendix p. 1781. • - Accounts, 6616–6622. Disbursements under Army appropri- ation acts, 6619. Failure to account, penalty, 6632. For premiums on drafts, etc., 6656. Separate accounts of money received, paid out, and transferred, 6642. Settlement of, 394, 395. Payments by disbursing officers, - 6752a. - Time for transmission, extension of, 6617a, Appendix p. 1781. Unchanged for three years to be cov- ered into Treasury, 483. When rendered, 6616, 6617. Acting officer in case of absence, etc., of disbursing clerk or agent in executive department, etc., in Washington, 6614. Advances may be made to, 6647. Agricultural Department, disbursing clerk, administrative officer of fiscal force of department, 796. Disbursing clerk, deputy, bond, etc., 796. Salary, 793. Allowance for extra expenses for clerks, etc., 6657. Appointment of, where there is no collec- tor, 6665, 6666. - - - Army, accountability for funds, 6614a, A ppendix p. 1781. . . Allotment of pay by enlisted men, 2170a. - Appointments, 420a, (h). Bonds, 1966, 1967. - Deducting pay for damage to private property, etc., 2308a, art. 105. - Examination of books, etc., 420a.(e). Inquiring as to disbursements by, 330. Medical Department of, payment in Settlement of transactions with oth- er departments, 6622b. . . . . . . ' assistant to per- authority, DISBURSING OFFICERS (Cont'd) Army (Cont'd) Military Academy, payments in settle- ment of transactions with other de- partments, 6752b. Officers’ reserve 1881a. Ordnance Department, 1859a, 1859b. 1859aa., Appendix p. 1749. Payments from total available bal- ances, 6614b, Appendix p. 1781. Payments in foreign countries, 420a, (b). Possession of funds for subsistence of corps, age limit, army for payments of small amounts, 6613. Quartermaster Corps, disbursements by other officers as agents of, 1784a. Signal Corps, payment in settlement “ of transactions with other depart- ments, 6752a. : Valuation of foreign moneys paid out by, 2205a, Appendix p. 1759. Army engineers, compensation not allow- ed., 1846. - Assay offices, 6532. . Bonds, 1966, 1967. Collector of internal revenue when acting as, 5848. Custody of, 3288. Interior Department, 672. Requirement of new bonds, 4020. Special agents to disburse, 6603. War and Navy Departments, . dent may increase, 6638. Bonds, 1966, 1966a. Inquiries and reports as to, 330, 331. Proceedings against delinquents, 6632. Census office, 913. Aºtional bond during census period, Presi- Appointment of clerk to act as, 916. Checks, lost, stolen or destroyed, dupli- cates, 6645, 6646. . Clerk of House of Representatives, ports, 84, 85. Clerk of state department, 290. Te- Appointment of chlief of bureau of ac- Counts as, 291. Clerk of Treasury Department to act for United States Tariff Commission, 5326bb, Appendix p. 1778. Coast and Geodetic Survey, salary, 8561a. Collectors for payment of debentures, drawbacks, etc., 6799(20). Collectors of customs. for lighthouse es- tablishment, 8445. - tº Collegº; Of internal revenue to act als, Disability, deputy, 5854. Commissions, on account of construction of public buildings, 6907. - On appropriations for public build- ings, 6659-6661. Compensation, apportionment, 5394. Collectors of internal revenue when acting as, not to receive additional COImpensation, 5848. Extra allowance to officer with fixed salary prohibited, 3234. Decisions of Comptroller may be applied for, 425. - - Pºse of Court of Claims on accounts of, Department of Commerce, 854. Department of Justice, 526, 546, 547. Accounts, time of transmission of, 432. Salary of judges in District of Colum- bia to be paid by, 1312a. Deposit of Indian money in bank, re- quirement of bond, sureties, 4226. Deposit of moneys with public deposita- ries, 6615. - Designation for payment of cost of public buildings, 6926. Distraint against delinquent officers, 6632, 6633. District superintendents of life saving service, 8522. Duplicates of lost checks, drawn in favor of postmasters, 7578. Duties, 6612. - Engineer Corps, payments in settlement of transactions of Engineer Department, 6622a. - Estimates on information from, 6671. Exchange of funds, 6655. . Executive Departments, appointment, 258. Bond, 258. . Compensation, 258. T) uties, 258. Statement of expenditures by, 275. DISBURSING OFFICERS (Cont'd) Expenses, allowance for, 6657, 6658. Horses and carriages, etc., payment prohibited, 3237, 3238, 3238a, 3238b. Not to be paid until special appropri- ation therefor, exception, 6781. False vouchers as to Indian affairs effect to prevent payment to creditors, 4091. House of Representatives, reports, 87. Sergeant-at-arms, 100. Indian affairs, advances or restrictions On, 4067. Indian department, army officers’ employ- ment prohibited, 1995. Bonds, special bonds, on per capita payment to Indians, 4021. mºs, deposits in bank, bonds of bank, Ineligibility to membership on general Supply committee, 6833. Insane hospital, 9293. Interior department, 669, 671, 672. Appropriations for Capitol, 3372. Bond, 672. . Jurisdiction of Court of Claims, 1136(3). Labor Department, 933. Limitation upon compensation for dis- bursements for construction of public buildings, 6927. Military telegraph lines, 6751, 6752. Militia, accounts and bonds, 3065. Naval militia, officers of United States, accounts, bonds, 3078a (28). - Payment of retainer pay, 3078a.(12). Traveling expenses, 3078a (29). Navy, accounts, 6616. Allowance of accounts for telephones disallowed under previous act, 6787a. Disbursements by orders of command- ing officer, 456. - Requisitions for advances, 6755. Salary, 614. Patent-Office, 760. Payment of appropriations for construc- tion of custom-houses and certain other public buildings, collectors of customs to act as, 6665, 6666. Payment of lost check issued by, in case of death of, 468. Payment of pensions, bond, 672. Estimates for clerk hire, 6716. Payment of pressing obligations where balance of appropriation is insuffi- cient, Engineer Department, 6622. Ordnance Department, 6621. Quartermaster’s Department, 6620. Pensions, disbursing clerk for payment of, 671, 672. Possession of funds for subsistence of army or payments of Small amounts, 6613. - Postmasters, designation as, for payment of mail messengers and others, 7214a. Money order offices, 7214. Presidential post-offices, 72.13. Post-Office Department, 572. Disbursements to be made by, 600. Public printer, settlement of accounts, £e. & Reimbursement of sums disbursed by re- jºrs as special disbursing agents, 4481. - Return. Of Outstanding liabilities abolish- ed, 484a. Secretary of senate, 80. Senate, reports, 87. Sergeant-at-arms of house of representa- tives, statements by, 104. Signal service, and military telegraph lines, 6751, 6752. Special, to give bonds, 6603. State department, 290. Appointment of chief of bureau of ac- counts as, 291. Chief of bureau of accounts, salary, 297. . Subordinate disbursing officers of House of Representatives, reports, 86. Superintendent of library building and grounds, 134. Trading in public property, 10272. Transfers to, from Treasurer, 66.12. Unlawfully using public money, 10255. Vouchers, preparation and examination of, 429. - . War department, 314. HDISCHARGE . See Bail; Dismissals : Prisoners. Army, 1891-1894. . Assistant veterinarian, failure on ex- amination, 1724a. - Aviator, 1860. GENERAL INDEX DISCHARGE (Cont'd) Army (Cont'd) . Bar of compensation under war risk insurance, 514SSS. t Care of persons discharged, 2019d., Appendix p. 1756. Certificate of, in true name of person enlisting, 325, 326. - Certificates of nonindebtedness' before payment to officers on discharge, Dependent relatives, 1894. Dishonorable discharge, persons COIl- fined in disciplinary barracks un- der sentence of courts martial, 2308a, art. 53, Appendix' p. 1760. Duplicate certificate of discharge fur- nished, 323, 324. . Fºeer on failure on examination, 1. - f Enlisted men, 1892, 2308a, art. 108. Purchase, 1893. - - Furlough to regular army re- serve, 1894. Expiration of three years service and reenlistment, 1891a. Forgery, etc., certificate of, 10242a. Honorable discharge certificate to be returned by accounting officer, 452. Judge advocate general’s department, 1775b. Loss of certificate, 323, 324. Medical corps officer, 1810. Upon reduction of enlisted strength of army, 1807a. Medical reserve corps officers, 1817. Officers, failure on examination, 1897. Failure on examination, assistant Veterinarian, 1724a. Judge advocate general’s de- partment, 1775b. Under temporary 1908a. s Under temporary promotions or ap- pointments, 1905a. Officers’ Reserve Corps, 1881a. Omissions in discharge from, how pro- vided for to entitle soldier to land- Warrant, 4852. Ordnance Department on failure on ex- amination, 1902. - Parent becoming dependent, 1894. Pay under suspended sentence for, 2162a. Re-enlistment, 1891. After three years service, 1891a. At previous grade and rank, 1891a. Sentence of dishonorable, during confinement, 2308a, art. 52. sºlºrs' Savings deposit, payment, 2. tº e - - Supernumerary officers, 2062. Suspended sentence of, pay, 2162a. Travel allowance, 2163, 21:64, 2164a. Veterinary corps, assistant veterina- rian on failure to pass examination, 1724a. Volunteers, extra pay, 2038. ° Officers, on failure on examination, 20:41 Attachment of property of defaulting post- masters, etc., 1557. Bankrupts, debts not affected, 9601. Liability of codebtor not affected, 9600. Revocation, 9599. - Bonds in customs matters, 5747-5750. Cadets at military academy for deficien- cies, 2246, 2246b. Grand jury, 1262. - Insane persons temporarily detained, 9339. Inspector of steam vessels divulging in- formation received from Officers of ves- sels, 8210. Marine corps, honorable discharge on fail- ure to pass examination, 2904a. Meat inspectors, 8681 (20). - Merchant seamen, wages in case of im- proper discharge, 8318. Militia, dishonorable discharge by courts- martial to be approved by governor, etc., 3049f. - - Dishonorable discharge by general courts-martial, 3049b. Enlisted men from national guard, 3044k. National naval volunteers, service of - TJnited States, 3078b (10). Dishonorable discharge by court- martial, approval by governor, etc., 3078a (49). Naval militia, dishonorable discharge by court-martial, 3078a (45-47). commissions, Suspension | [Page 20831 [References are to sections, except where otherwise DISCHARGE (Cont'd) - Naval flying corps, officers, failing to pass examination for promotion, 2952%j. Navy, risk insurance, 514SSS. Care of persons discharged, 2019á, Ap- pendix p. 1756. Certificate in true name of persons en- listing, 325, 326. Certificate of in lieu of lost or destroy- ed certificate, 620. Dental surgeon on failure on examina- tion, 2504. - - Enlisted men, expiration of term, 2591. Pay, 2590. Purchase of, 2589. Plefund of bounty, 2588. - Refund of cost of outfit, 2587. Forgery, etc., certificate of, iO242a. Honorable discharge, 2595–2598. Form, 2596. Naturalization without necessity of declaration of intention, 4356a. Report of men entitled to, 2597. Return by accounting officers, 452. Temporary home for men, 2598. Liability to punishment, 2975 (11). Loss of certificate, duplicate to be fur- nished by Secretary of Navy, 620. Naval reserve force, return of gratul- ties, 2900%a (7). Pay for re-enlisting after discharge, 2861, 2862. Punishment by deck court, 2988. Punishment by summary court-mar- tial, 2998(1). Officers, employees, clerks, giving or re- ceiving presents to superiors, 3264. Officers or employees for political con- tributions, 3270. Poor debtors, 6377. . Of Post-Office Department from im- prisonment, 602. By president, 6378. Prisoners, clothing and money, 10545. Transportation home, etc., 10557. Receiver of national bank on election of agent to wind up affairs, 9827. Seamen, 8338–8342. - Account on, 8339. Certificate of, 8340. Certificate of character, 8342. Consular officers, penalty for neglect of duty by, 3194. Examination of witnesses and produc- tion of evidence in proceedings be- fore shipping commissioner, 8344. Excusing production on return of ves- sel, 8367. Fees of shipping commissioners, 8375. Fees payable on, 8392. In foreign country' on sale of Vessel, wages, 8373. Mode, 8338. Rules for settlement, 8341. Sending incapacitated seamen to con- sul for discharge, 8372. Unseaworthiness of vessel, 8352. . Wages, discharge in foreign port, 8371. Discharge on complaint Of Seaman, Penalty for neglect of consular offi- cer to collect, 8372. - Unseaworthiness of vessel, 8350- 8352. . . Soldiers from Soldiers’ Home on recovery of health, 9229. Supervising inspector of steam vessels di- vulging information received from li- censed officers of vessels, 8210. HDISCIPſ, INARY BARRACKS See United States. - Arms, supply of, 2458a.(6). Battalion sergeant major, 2458a (4). Pranches, establishment, 2458a.(8). Commandant, powers and duties, 2458a (5). Commanding officers, disciplinary powers of, 2308a, art. 104. Detail to, 2010, 2011, 2458a.(4). Employment of offenders, 2458a.(5). Enlisted men detailed to, 2458a.(4). Equipment for offenders, 2458a.(6). Existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. Government and control, 2458a (3). Guards, 2458a.(4). Duties and organization, 2458a (4). Extra duty, pay, 2161a. Part of regular army, 1717a. Rank, pay, etc., 2458a (4). Hard labor, decrease for good conduct, 2458a.(5). . : bar of compensation under War. indicated.] DHSCIPLINARY BARRACKS (Cont'd) Military stores and supplies, manufacture at, 2459. - - - Military training of offenders, 2458a.(6). Offenders, employment, 2458a (5). Military training for, 2458a.(6). Record of conduct, 2458a.(5). Officers detailed to, 2458a.(4). Organizations, part of regular army, 1717a. Record of offenders’ conduct, 2458a.(5). Regulations, 2458a.(3), 2458a (5). Record, offender’s conduct, 2458a.(5). Remission of sentences, etc., 2458a (7). . Reports to . CongreSS, 2458a.(3). Restoration to duty of offenders, 2458a (7). Secretary of war, regulations, 2458a (5). Uniforms, supply of, 2458a (6). - United States Military Prison, Ft. Leav- enworth, Kansas, formerly known as, 245Sa(1). w DISCIPLINE - Army, powers of commanding officers, 2308a, art. 104. . Clerks in first and second class post offi- ces, 7236. , . . . - - Iuetter carriers, 7236. - National guard, same as army, 3044t. Naval militia, 3078a (7). DISCLAIMER, - Costs not recoverable in default of en- tering, at Patent Office before suit, 9468 Pºtee of invention, may make and file Patents, fees, 9482. - DISCONTINUANCE Attorney’s fees, 1378. Prosecution of distillers for defrauding etc., not allowed without permission, etc., 5953. - - Suit by informer for penalty, liability for fees, 1617. - Suit for violation of immigration laws, 4289%p. • * * - Trials not discontinued by new term of court, 975. DHSCOUNTS - Federal reserve banks, 9788 (5), 9796(3). Acceptances, 9796(4). - Member bank not to act as agent for nonmember bank, 9801(2c). - Notes, drafts and bills of exchange, 9796(2). Obligations of member banks secur- ed by bonds of War Finance Corpo- ration, 31.15%gg. Powers, 9797 (2d). Rediscounting paper, 97.94(b). - For state banks as members, 9792(10). Interest on war-savings certificates, 68291. National banks, interest, 9758, 9759. Notes, etc., 9661. Not considered as borrowed money, 9761, 9792. Proportion to reserve, 9746. Security on own capital stock forbid- den, 9762. - Postage stamps and stamped envelopes sold to agents, 7401. DISCOVERY • Equity, to obtain evidence by party pay- ing premium to purchaser of public land, 4783. - - HDISCRETION OF COURT Punishment for contempt, 1245b. DISCRIMINATION Between purchasers of commodities, un- lawful where tending to create monopo- ly, 8835b. - - Common carriers discriminating in rates, 8564, 8574, 8597, 8599. - Duties, drawback not allowed on, 5730. " Importation in foreign vessels, 5305. Importations involving, regulations by Secretary of Treasury, 88360. Importation under agreement involv- ing, double duty, 8836n. Prussian vessels, 7826, 7827. Spanish vessels, 7828. Tonnage or impost, President, 7825. Food and necessaries, 31.15%ff. Foreign states against United States prod. ucts, 5319. . . Retaliatory Of privileges to foreign vessels, 7829. - Télegraph rates, etc., prohibited, 10081. Theaters, etc., against persons weariº & uniform of army, navy, etc., 10496. etc. y discounted suspension by prohibition. suspension commercia) GENERAL INDEX IPage 2084] [References are to sections, except where otherwise DISCRIMINATION (Cont'd) Union Pacific Railroad, 10057. Vessels, against American citizens during foreign war, refusal of clearance, 8836r. Prohibition, 8146gg. JDISEASE CONTRACTED IN SERVICE Who to have pension for, 8934, 8942. DISEASES See Contagious and Infectious Diseas- es Disability ; Plants. Social hygiene, 918814 (a)-9188% (h), pendix p. 1797. Viruses, serums, etc., 8778-8785. IDISGUISE - Conspiracy to go in disguise for the pur- pose of depriving one of civil rights, civil action for, 3933(3). IDISLOYAL CLAIMANTS Bounty lands, 6388. & Not to be paid claims existing prior to April 13, 1861, except for army service, 6387, 6387a. DISILOYALTY Mails, use of for purposes of, 10401d. Offenses, punishment, 10212c. Provisions of espionage act applicable to, 102.12CC. - DISMISSAL AND NONSUIT Double costs on nonsuit of seizure under customs laws, etc., 1612. Petition in bankruptcy, 9643. Petition in Court of Claims, 1151. - Removal of causes, suits improperly re- moved to district court, 1019. Suit by informer for penalty, liability for fees, 1617. - - Suits by poor persons, 1629. DISMHISSALS See Discharge ; Suit. Army, ºncers, 2000, 2001, 2308a, arts. 44, Ap- Disrnissal and Non- Order of president or sentence of gen- eral court-martial necessary, 2308a, art. 118. Punishment for cowardice, 2308a, art. 44 Restoration to service, 2000. Sentence Of court-martial, tion, 2308a, art. 48(b). Suspension, 2308a, arts. 51–53. Unbecoming conduct, 2308a, art. 95. Cadets, military academy, 2241, 2246-2248. Civil service, 3285. court-martial sentence, tion, 3023. Pºiº on liability to punishment, 2975 1 Midshipmen, 2741–2746. ºl Officers, 2000, 2001. President’s order or sentence of court- martial, 3004. Disqualification by, 2613. Officer may demand trial, 3005. Steamboat inspectors, for divulging infor- mation received from licensed officers of vessels, 8210. DISOBEDIENCE cºmmand of army officer, 2308a, arts. 64, Orders of Secretary of Navy, 2969(20). Punishment, 2965(2). DISORDERLY CONDUCT Army, punishment for, 2308a, art. 89. Public buildings and grounds, 3337. DISORDERLY HOUSE White slave traffic, 8812-8819. DISPENSARY ASSISTANT Medical department, 1829a. DISQUALIFICATION Army officers not to hold civil offices, 1993–1995. Bribery, 10287, 10301, 10302. Commissioners or receivers, 1334. Conspiracy to injure, etc., persons in ex- ercise of civil rights, 10183. Contracts, aiding with Indians, 4089. Conviction for taking consideration for procuring, 10282. Deserters from military or naval service, 3952, 3953. Diplomatic and consular officers, 3199. District court officers, 1049. District judge, 987. Executive secretary of Porto Rico, 3803hh. Hawaiian legislators, 3659. Holding other office, 3231. confirma- confirma- DISQUALIFICATION (Cont'd) Impeachment, authorized by (Const. art. 1, § 3, cl. 7). Indian agents, aiding prohibited contracts with Indians, 4089. - False entry, 4001. Indian Officers, 4018. mºtor of customs neglecting duty, 68. Internal revenue officers, for disclosing Operations of manufacturers, 5887. Making records, granting papers, taking illegal fees, etc., respecting vessels in domestic commerce, 8128, 8129. Master of vessel, etc., unlading contrary to law, 5564. Masters in chancery, 1050. Members of Congress, convicted of prac- tising in Court of Claims, 1135. Engaging in rebellion after oath to support constitution (Const. am. 14, Receiving pay in matters affecting Jnited States, 10283. Offenses against the elective franchise, 10190. Officer receiving informer’s compensation in customs cases, 5801. Officer taking money on mustering, 2308a, art. 56. Rebellion, etc., etc., 10168. Participation in after oath to sup- º constitution (Const. a.m. 14, conviction for inciting, § 3). Records, destruction of, 10299. Registers and Receivers, 1050, 1334, 4497. Designation of officers to act in place of, 4498. Secretary of Treasury, First Comptroller, First Auditor, Treasurer, or Register of Treasury, for engaging in commerce, or purchasing public lands, public se- curities, 377. - - Territories, voting or holding office in, 3442, 3449. Trading in public property, 10272. Treason, conviction for, 10166. DISRATING Navy, for incompetency, 2999. HDISRESPECT Army, Superior officers, 2308a, arts. 63, words against president, vice-presi- dent, Congress, etc., 2308a, art. 62. DISSECTION Delivery of body of executed offender for dissection, 10505. DISSOLUTION See National Banks. Attachments, 1559. - Corporations, formed by United States Shipping Board, 8146f. Federal reserve bank, disposition of sur- plus fund, 9791. National banks, 9806-9808, 98.13. Noncompliance with Federal Reserve Act, 9786(6, 7). Not extending period of succession, 9671. - Receivership, 9826. DISTILLED LIQUORS See Distilled Spirits and Wines. Original packages, 8738. DISTILLED SPIRITS AND WINES See Drawback. Commandeering by President, 31.15%ll. Customs duties on, 52910237–249). Foods, fruits, etc., regulation of use for, 31.15% l. Imported, bonded warehouse for, 5642. Bonded warehouses, entry of spirits shipped from foreign countries prior to September 1, 1917, 56.50a. Drawback, change of casks, 5732. Exportation of medicines, ex- tracts, etc., containing alcohol, 5724. Entry, 5491. Hydrometer to determine proof, 5614. Landed under inspection of customs officers, 5576. Manifests when Consigned to differ- ent ports, 5505. Marking of casks, 5577, 5578. Permit for unlading endorsed by in- spector, 5575. Prohibition against, 31.15%l, Proof of, rated by surveyors of cus- toms, 5365. $789b. 1 indicated.] | DISTILLED SPIRITS AND WINES (Cont'd) Imported (Cont'd) Removal from wharf before proof, for- feiture, 5574. Reports to customs officers, 5471. Stamping and branding, 5650-5652. Internal revenue tax, 5981–6137. Additional tax, 5986a. - Distilled spirits held by retailers in excess of 50 gallons, etc., for sale, 5986b. Alcohol filling packages with reduced Spirits from receiving cisterns and payment of tax without en- try into bonded Warehouses, 6028a. - Fºg Rican alcoholic compounds, Quantity of in proof spirits, 5983. Withdrawal from bond for scien- § purposes without paying tax, 6. Allowance for leakage or loss, spirits in warehouses, 6051, 6054. Withdrawal from distillery ware- houses to manufacturing Ware- house, 6057. Withdrawal from Warehouses for exportation, 6055. Effect of insurance, 6056. Amount of tax abatement on de- Struction, 5945. How regulated, 5985. Assessments for deficiency in produc- tion by distiller, 6089, 6090. Remission or refunding, 6091. Assessments for excessive production by distiller, 6089, 6090. Bay rum and other articles contain- ing alcoholic compound brought from Porto Rico, 6123. Blending of fortified sweet wines, 6122. Bonded Warehouses, account of arti- cles in, collector to make month- ly, º - - Account of materials used storekeeper, to keep, 6082. Allowance for loss of Spirits de- posited in, 6051-6057. Bonds for payment of tax on Spir- its deposited in, annual bond in lieu of regular bond, 6035. Form and contents, 6035. Bottling spirits in bond, 6070. Bottled spirits subject to state law, 6077. Drawback not allowed on, 6072. Forging stamps, etc., punish- ment, 6076. Gin, for export Without pay- ment of tax, 6070a. Inspection of spirits bottled for exportation, 6072. Regulations for, 6071. . Reusing Stamps or bottle, pull- ishment, 6075. Tax, on deficiency of Spirits bottled, 6073. -- Spirits bottled for export, collection, if case opened, etc., 6074. , Branding on removal, 6037. Collection and enforcement of tax or Spirits in, 6034. Custody and management of, 6014. Definition of, 6009. Denaturing alcohol, 61.34. Discontinuance when unsafe sei- zure for failure to make transfer, 6011, 6012. Distiller to provide, 6009. Entry of deposit in, contents, etc., 6034 in, Withdrawal after payment of tax, 6036 Exportation of Spirits Withdrawn from Without payment of tax, 6125. Filling packages of alcohol and high proof spirits with reduced Spirits from receiving Cisterns and payment of tax Without en- try into, 6028a. Gauging on removal from, 6037. General Warehouses, 6058. Allowance for loss of spirits deposited in, 6051-6054. Bonds to pay tax on spirits de- posited in, 6058, 6061 Distillers to give, 6062. Establishment, 6058. GENERAL INDEX [Page 20851 [References are to sections, except where otherwise DISTILLED SIPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) Bonded Warehouses (Cont'd) General warehouses (Cont'd) Failure to deposit in on remov- al from distillery Warehouse, 6065. - Laws applicable, 6063. Regauging and allowance for loss, 6051-6054. Removal of spirits to, 6059. Removals from in violation of law, 6065. Stamps, 6060. Tax on Spirits removed from distillery warehouse to gen- eral bonded warehouse in vio- lation of law, 6064. tº Transfer of alcohol and high proof spirits in tanks, etc., to for storage, 6028a. Withdrawal of spirits from and transfer to other Warehouses, 6062, 6063. Gin, bottling in bond for export, 6070a. Grape brandy, failure to comply with provisions for deposit in as offense, 6049. - Regauging and allowance for loss, 6051-6054. Removal of domestic wines to bonded premises, number of re- movals, 61.14a. Removal of spirits from, forfeiture for unlawful, 6079. Punishment, 6080. Without payment of tax, pen- alty, 6038. Removal of spirits to after gaug- ing, 6028. Special denaturing warehouse in connection with distillery, 6132. Transfer of spirits to, 6135. Special warehouses, allowance for loss of spirits in, 6051-6054. Central dematuring. ... alcohol warehouse establishment, 6.134. Transfer of spirits, to al- lowance for loss or leak- age, 6135. Central distilling and denatur- ing plants for alcohol manufactured by farmers, etc., 6137. Transfer of spirits to, 6135. Fruit ºndy, bottling in bond, 6070. Laws relating to grape brandy extended to, 6050. Grape brandy, 6039. Bonds on deposit in, 6042. Discontinuance, laws ap- plicable, 6045. Failure to comply with pro- Visions for deposit in as offense, 6049. Payment of tax, 6040. Removal from without com- pliance with law, assess- Inerit and collection of tax, 6046. Rules and regulations, 6048. Special Stamps on removal of brandy to, 6041. Time for payment of tax on removal to, 6047. Withdrawal for fortification of wine, 6110b [c]. Withdrawal for transfer or exportation, 6043. Regauging and allowance for loss, 6051-6054. Stamping and branding spirits re- moved from warehouse, 6037. Storage tanks, transfer of alcohol and high proof spirits after tax payment from to tanks, etc., for transportation to rectifiers, 6028a. Storekeepers to have charge, 6013, 6014, 6082. Under direction of collector, 6009. - Tax on spirits removed from dis- tillery Warehouse to general bonded Warehouse in violation of law, 6064. Transfer of alcohol and high proof Spirits from receiving cisterns direct to storage tanks in, 6028a. DISTILLED SPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) Bonded warehouses (Cont'd) Use of warehouse by successor in business, 6010. Warehouse-books and returns by Storekeepers, 6081. Wines, 6110bſb]. Withdrawal, denatured alcohol without payment of tax, 6132, 6133. Exportation without payment of tax, 6125. For making 6069. Bottling of spirits in bond, 6070. Bottled spirits subject to state law, 6077. - Drawback not allowed, 6072. For export, tax collected if case opened, before marks, etc., re- moved, 6074. Forging of stamps, etc., 60.76 Sorghum sugar, as offense, Inspection of spirits bottled for export, 6072. Regulations for, 6071. Re-using stamp or bottle as of. fense, 6075. Tax on deficiency of spirits dis- tilled, 6073. Branding spirits removed from Ware- house, 6037. Brands, effacing from empty penalty, 6105. Brandy, apples, etc., exempt from tax when, 5990. Apples, etc., special bonded ware- house for, 6050. Fermenting vats, 61.20. Fruit brandy, act relating to spe- Cial bonded warehouses for grape brandy extended to, 6050. casks, Assessment for deficiency in production by distiller, neces- sity of notice, 6091. Compensation of gaugers, for gauging, 5868. Special bonded warehouses, bottling in bond, 6070. Grape brandy, collection, dis- traint, 6046. Discontinuance Of bonded warehouses, 6045. Exportation, 6044. Drawback, 6044. Included in definition of Wine spirits, 6112. Payment of tax, 6040. , Time for, 6046, 6047. Remission of, on accidental de- struction, 6121. Rules and regulations concern- ing, to be made by commis- jºr of internal revenue, 048. - Special bonded warehouses for, 6039-6042. Deposit in, 6042, Removal to, 6040. Withdrawal from, 6046 Special tax, 6110bſc]. Use of fortified wines, 6111-6122. Withdrawal from distillery or Special bonded warehouse for fortification of wines, 6110 bſc]. Special tax on brandy used in fortification of sweet wines, 6119. Bººn Of proof in case of seizure, 6.130. Compliance with law prerequisite to carrying on business, 6020. Cordials, additional tax on when held in excess of 25 gallons for sale, 61106. Additional tax on when removed from place of manufacture etc., for Sale, etc., 6110c. Amount of tax, exception, 61.14b. Exemption from additional tax on rectified, purified or refined spirits or wines, 5986c. Mixing wines with distilled spirits, 61.14c. Stamps 61.14b. Daily returns of articles gauged, etc., 32. - 6049. 6042, assessment in lieu of, indicated.] DISTILLED SPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) & Denatured alcohol, central distilling and denaturing plants for alco- hol manufactured by farmers, etc., 6134, 6137. Manufacture by farmers and As- Sociation of Farmers, fruit own- erS, etc., 6137. Manufacture, etc., of excepted from provisions prohibiting dis- tillation between certain hours, 6024a. Manufacture of alcohol free of tax for denaturation by farmers, etc., laws appli– Cable, 6137 . Unlawful use of alcohol, etc., punishment, 6137. Manufacture of chemicals, free of tax, 6133. Recovery of alcohol for denatur- 1118, Special denaturing bonded ware- house in connection with distil- lery, 6132. Transfer for denaturation from distilleries to bonded warehouse § to central denaturing plants, 135. Unlawful use of alcohol withdrawn from bond without payment of tax, punishment, 6.136. Use in arts, etc., free of tax, 6132. Detention by officers of packages on Suspicion, 6078. Distance within which distillation and rectification must be carried on, 6020. Distillation at certain places prohib- ited, 6004. Pººled Spirits defined, 5981, 5982, 89. Distillº, accessible, to be kept so, 015. Accounts of materials, used, etc., 6082 Alcohol and high proof spirits, filling packages of with reduced Spirits from receiving cisterns, payment of tax without entry in- to bonded warehouses, 6028a. Apparatus, forfeiture for violations of law, 6021. Regulation by Commissioner, 6008 Bond, bonded warehouses, 6009, 6011, 6013, 6014. Carrying on business without giving, 6021. Payment of tax on spirits de- posited in general bonded warehouse, 6062. Capacity, reduction, notice of in- tention, 6093. Reduction, penalty for break- ing locks, etc., 6093. Charge of, 6082. Cleansing worm-tub, 6027. Denatured alcohol, transfer of al- Cohol for denaturation from, to bonded Warehouse or to central denaturing plant, 6135. Destruction after forfeitures certain cases, witnesses, bursement, 6129. Distillation, at certain places pro- hibited, penalty for violation, 6004. Between 11 p. m. Saturday and 1 a. m. Monday, prohib- ited, 6024. Exemption of manufacture of ethyl alcohol and de- ratured alcohol, 6024a. Time When deemed commenc- ed, 6092. Doublers, regulations, 6007. Drawing off spirits, 6028. From receiving cisterns for deposit in warehouses with- out distillery Warehouse stamps, 60.28b. Wºº, used for United States, 6028. . in reim- penalty, Drawing off water, 6027. Entrance and examination by reve- nue officers, 6016. Facilities to be furnished, pen- alty for neglect, 6017. Power to break up ground or walls, 6018. GENERAL INDEX DISTTLLED SPIRITS AND WINES (Cont'd). . . Internal revenue tax (Cont'd) ‘. . . . Distilleries; (Cont'd). - • , , Fastenings, forfeiture, for Viola- tion of law, 6021. Regulation by Commissioner, 6008. - . . Fermented stills, vessels, etc., sale at auction, 6352. Fermenting tubs, filling, 6026. . . . Fruit distilleries, detail of gaugers to, 61.14d. Requiring use of spirit meters, - locks, seals, 61.14d. Furnaces, regulations, emptying and Gauging spirits, 6028. Material, use of in absence of storekeeper, 6025. Meters, tanks etc. at, effect or neglect or refusal to install, 6017a. - • Installation of, , 6017a. Plan of, 6001. - Receiving Cisterns, charge of, 6005. Punishment for breaking locks, etc., 6006. . Transfer of alcohol and high proof spirits after tax pay- ment to tanks, etc., for trans- portation to rectifiers, 6028a. Removal of spirits, 6028. Absence of storekeeper, 6025. Forfeiture for unlawful, 6079. Within specified hours prohib- ited, 6109. Seizures, release before judgment, when, 6128. - Setting up in Indian country, 4144, 4144a. . . . a Sign indicating nature of business, neglect to place, 6019. Small distilleries, exemption from certain requirements of interna, revenue tax, 5991. s Sunday, operation on, prohibited, penalty, 6024. e Survey of, before commencing business, 6002. Suspension of work in, notice, 6092. Notice to resume, 6092. Regulation as to involuntary suspension, 6092. - Sweet mash distilleries, filling fermenting tubs in, by manufac- turers of ethyl alcohol, 6026a. Tax paid spirits not to remain on premises of, Stamps, spirits, packages, 6030. Tubs, regulations, penalty, 6007. Warehouses, drawing distilled spirits from receiving cis- terns after deposit without ‘distillery warehouse stamps, Withdrawal of distilled Spirits on original gauge, 60.28b. Withdrawal for exportation, 6127a. Worm tanks, regulations, penalty, 6007. Distillers, acts by not elsewhere pro- vided for, penalty, etc., 6358. Arrest of illicit distillers, 1676. Assessment for deficiency in pro- duction by, 6089, 6090. - Remission or refunding in cer- tain cases, 6091. Assessment for excessive produc- tion, 6089, 6090. • Bonds, 5997. . Approval, 5997-5999. Pian of distillery to be de- | posited before, 6001. Refusal of approval, per- sons convicted by viola- tion of law, 6000. Bonded distillers, exemption from tax on wholesale liquor dealers, 5971(4), 5973, 5974. Teposit of grape brandy in special bonded Warehouse, 6042. - Doing business Without giving, penalty, 5966, 6021. Establishment of central dena- turing bonded Warehouse, 6.134. Exportation of spirits with- drawn from , bonded Ware- houses, 6125. . . penalty, distilled forfeiture of unstamped [Page 26861 [References are to sections, except where otherwise HDISTIBLEED (Cont'd) Internal revenue, tax (Cont’d Distillers (Cont'd) - Bonds (Cont'd) Failure to 5997. SPHRHTS AND WHNES give as offense, Increased bond where distiller || is not owner in fee simple, | 5999. , New bond, 5997. Payment of tax on spirts depos- | ited in general bonded ware- house, 6034, 6035, 6658, 6061, 062 - Penaity for failure to give, 6021. Annual bond in lieu of gen- eral bond, 6035. Release of distillery after seiz- ure and before judgment, 6128. - Transportation bond for expor- tation of spirits withdrawn from bond without payment of tax, 6126. Withdrawal of alcohol from bond for scientific purposes, 6066, 6067. Withdrawal of denatured alco- hol free of tax, 6132. Withdrawal of grape brandy from special bonded Ware- house, 6043. - - f Withdrawal of grape brandy to specially, bonded Ware- house, 6040. - Withdrawal of spirits from bond for purpose of making Sorghum sugar, 6069. Books, entries, 3974, 6083. Failure to keep or destruction, punishment, 6085. Fº entries in, punishment, 85. Open to inspection, 6084. Preservation, 6084. - Transcripts to be made from, 5974. Carrying on business, after default of tax, 5966. Compliance with law prerequi- site to, 6020. Notice of intention to, 5995. Defrauding or attempting to de- fraud United States of tax On distilled spirits, 5993. Engaging in business with intent to defraud United States, penal- ty, 6021. Entry of deposit in warehouse, Con- tents, etc., 6034. . Facilities for examination of dis- tilleries, 6017. Forfeiture of distillery for viola- tion of law, 6021. Penalties, acts not elsewhere pro- vided for, 6358. Reduction of capacity, notice of in tention, 6093. Returns by, monthly examination by commissioner, 6089. Number of barrels distilled, 6088. - Production to oath, 6087. Signs indicating nature of busi- ness, 6019. Penalty for violation, 6019. Suspension of work by, distilling as offense, 6092. - Notice, 6092. Notice to resume, Regulation as to suspension, 6092. Time when distilling is deemed commenced, 6092. Transcript of book entries, refusal, forfeiture, 5974. Who are, 5981. Distraint for collection of tax, 5988. Doublers, destruction after forfeiture in certain cases, 6129. Regulations concerning, 6007. Drawbacks, alcohol contained in ex- ported medicines, extracts, etc., 5724. Exportation entry for, form, 6124. Fraudulent attempt to collect an Offense, 6125. Drawing off, gauging and removal of spirits, 6028 Dºing off water, cleansing worm- ll O, 4. 6092. involuntary Internal revenue tax (Cont'd) . indicated.] DISTILLED sPIRITs AND wiNES (Cont’d) . . . . Pºins and filling fermenting tubs, Ethyl alcohol, filling fermenting tubs in sweet mash distilleries, 6026a. Manufacture, etc., of excepted from provisions prohibiting dis- tillation between certain hours, 6024a. - - Expense Stamps 6127. . Exportation of spirits withdrawn from bonded warehouse, 6125. Of providing - and fixing for casks and exportation, Facilities, for examination by officers § be furnished, penalty for neglect, 17. - False entries in or destruction of books of rectifiers or wholesale liq- uor dealers, 6100. Fines, adding substance to create ficti. tious proof, 5987. Additional tax on rectified, pu- rified and refined distilled, Spirits or wines, 5986c. Affixing, imitation stamps, 6108. Bond by distiller, failure to give, 5997. : Books of distiller, failure to keep, 085. Books of rectifiers or wholesale dealers, failure to keep, 6100. Breaking locks, etc., on appara- tus after reduction of capacity of distillery, 6093. Breaking locks on distillery re- ceiving cisterns, 6006. Changing stamps, shifting Spirits, etc., 6107. - Defrauding or attempting to de- fraud United States of tax, 5993. Deposits in general bonded ware- house on removal from distillery warehouse, failure, 6065. Deposits in special bonded ware- houses for grape brandy, failure to comply with provisions re- lating to, 6049. Pºetion of books of distiller, 6085. - Destruction of books of rectifiers or wholesale dealers, 6100. Distillation at prohibited places, Employment by gauger of distiller, etc., to perform his duties, 6031. False entries, books of rectifiers and wholesale liquor dealers, 6100. - Distillers’ books, 6085. False weights and measures, 6086. Forging stamps, etc., used in bot- tling of spirits in bond, 6076. Fraudulent collection of draw- backs, 6125. - Furnaces, tubs, doublers and worm- tanks, non-compliance With reg- ulations concerning, 6007. Gauging, branding, etc., spirits drawn into new packages, fail- ure, 6104. Notice of intention to carry On business of distiller or rectifier, failure to give, 5995. Removal of spirits from general bonded warehouses in violation of law, 6065. Removal of spirits under Other than trade name, 6351. Returns of quantity of spirits re- ceived by wholesale liquor deal- er, failure to make, 6104. - Re-using stamp or bottle after bot- tling in bond, 6075. Store-keepers unlawfully removing spirits from bonded Warehouses, Transportation of casks having un- effaced brands, stamps, etc., 6105. Transportation of spirits with- drawn from bonded warehouse for exportation without payment of tax, 6125. - Unlawful distillation, 6022. Unlawful recovery of alcohol from denatured alcohol, 6137. Unlawful recovery of spirits from fortified wines, 63.22. - Unlawful use of alcohol manufac- * by others for denaturation, GENERAL INDEX DISTILLED [Page 2087] [References are to sections, except where otherwise indicated.] SPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) Fines (Cont'd) Unlawful use of wine spirits to fortify pure sweet wines, 6117. Unlawful withdrawal of Spirits from bond for purpose of making sorghum sugar, 6069. Unregistered materials, 6086. TJse of alcohol withdrawn from bond without payment of tax for purpose of denaturing, 6136. Use of stamps in violation of law, 6098. Working for or furnishing goods to distilleries exhibiting no sign, 6019. Flavoring extract manufacturers, re- covery of tax-paid alcohol, exemp- tion from tax, 5975. - Forfeitures, adding substance to Cre- ate fictitious proof, 5987. Affixing imitation stamps, 6108. Apparatus of distillery for failure to give bond, 6021 Casks from which stamps and brands have not been effaced, 6105. Deposit in special bonded Ware- houses for grape brandy, failure to comply with provisions for, 6049. Disposal of by Commissioner of Internal Revenue, 6352. . Distilleries, destruction in certain cases, witnesses, reimburse- ment, 6129. - Failure to give bond, 5997. Grape brandy on which tax has not been paid, 6047. - Horses, vehicles, , etc., . Gonyeying goods to distilleries exhibiting Ino sign, 6019. - Imitation wines not stamped, 6110. properly Liquors removed under other than trade name, 6351. Non-registered stills, 5994. Property, etc., unlawful recovery of alcohol from denatured al- | cohol, 6137. - Unlawful use of alcohol manu- factured by others for dena- turation, 6137. - Unlawful use of alcohol with- drawn from without payment. of tax for purpose of dena- turing, 6136. Re-using stamp or bottle after bottling in bond, 6075. - Sale under judicial process to be subject to tax, 6131. Spirits, casks of 5 or more gallons without stamps, 6030. Failure to deposit in general bonded warehouse On remov- al from distillery Warehouse, 6065. - - Relanding of spirits withdrawn from bonded, warehouse with- out payment of tax and ex- ported, 6125. Removal from distillery unlaw- fully, 6079. - Removal from distillery Within prohibited hours, 6109. Removal from general bonded warehouse in violation of law, 6065. Withdrawn from bond for mak- ing sorghum sugar. in viola- tion of law, 6069. Spirits sold under judicial process. to be subject to tax, 6131. stils for setting up stili without permit, 6003. Vinegar, etc., for unlawful opera- tion of vinegar factory, 6022. Wines for Violation of the act, 61.14c. - Furnaces, regulations concerning, 6007. Gallon defined, 5984. Gaugers to gauge spirits before recti- fication, 5996. Gauging, rectified spirits, 6102. Spirits removed from warehouse, 6037. Gin, exception from additional tax, 5986c. . HDISTIALLED SPIRITS AND wiNES (Cont'd) Internal revenue tax (Cont'd) Grape brandy, additional tax on When intended for fortification of sweet wines for sale by produc- er, 61.11a. Additional tax on when withdrawn from fruit distillery or Special bonded warehouse, 6110e. Detail of gaugers for supervision of, manufacture, 61.14d. Imitation wines, how paid, 6110... . . Imported perfumes containing distill- ed spirits, 5986a. Inspecting rectified spirits, 6102. Lien of tax on, 5985. Not to be affected by use of dis- tillery warehouse by successor in business, 6010. Liqueurs, additional tax on when held in excess of 25 gallons for sale, 61.10(i. Additional tax on when removed from place of manufacture, etc., for sale, etc., 6110C. - Amount of tax, exception, 61.14b. Exemption from additional tax on rectified, purified or refined dis- tilled spirits or wines, 5986c. Mixing domestic wines with, 61.14C. Stamps, assessment in 61.14b. Manufacture, alcohol free of tax for denaturation by Association of Farmers, etc., 6137. In bonded , manufacturing Ware- house prohibited, 5672. Manufacturer of stills to give notice of manufacture, 6003, : - Mash, none to be made between 11 p. #, saturday and 1 a. m. Monday, 24. Mash tubs, destruction after forfei- ture, 6129. Not to be made. elsewhere than at distillery, 6022. Ratio of, to grain and molasses. 6002. Natural wine, definition, 61.10a. Notices, exportation of spirits with- drawn from bond without pay- ment of tax, 6126. - Intention to carry on business of distiller or rectifier, 5995. Intention to rectify, etc., 5996. Offenses, adding substance to distilleſ’ * to create fictitious proof Additional tax on rectified, puri- fied or refined spirits or wines, 5986G. Affixing imitation stamps, 6108. Altering or re-using stamps for imitation wines, 6110. - Breaking locks, etc., on apparatus after reduction of capacity of distillery, 6093. Breaking locks, etc., on distillery receiving cisterns, 6006. Buying or selling spirit casks hav- ing inspection marks, 6106. Carrying on business without giv- ing bond, 6021. - Changing stamps, shifting spirits, etc., 6107 - - Defrauding or attempting to de- fraud United States of tax on, 5993. Distillation at places prohibited, 6004. - - suspension of Distilling after work, 6092 Employment by gauger of distiller, etc., to perform his duty, 6031. Railure of distiller to give bond, 5997. Failure of rectifier or wholesale liquor dealers to keep books, 6100 * Failure of wholesale liquor dealer to make returns as to quantity of spirits received, 6104. - - Failure to comply with provisions for deposit in special bonded warehouses for grape brandy, 6049. Failure to deposit in general bond- || | ed warehouse on removal from distillery warehouse, 6065. DISTILLED SPIRITS AND lieu of, (Cont'd) - Es Internal revenue tax (Cont'd) Offenses (Cont'd) - Failure to gauge, brand, etc., ºts drawn into new packages, Failure to give notice of intention to carry on business of distiller or rectifier, 5995. - Failure to keep or destruction of distillers’ books, 6085. Fº entries in distillers’ books, False entries in or destruction of books of rectifiers or wholesale dealers, 6100. Forging stamps, etc., used in bot- tling of spirits in bond, 6076. Fraudulent collection of draw- backs, 6125. Fraudulent inspection, gauging, etc., 6033. Noncompliance with regulations Concerning furnaces, tubs, dou- blers and wormtanks, 6007. Pºsion Of non-registered stills, Purchasing of spirits in quantities of more than 20 gallons, 6101. Recovery of alcohol from denatur- ed alcohol, 6137. Rectifying spirits unlawfully, 6099. Removal of spirits from bonded Warehouse by store-keeper, 6080. Removal of spirits from distillery or rectifiers during prohibited hours, 6109. Removal of spirits from general bonded Warehouse in violation of law, 6065. Removal of spirits on which tax is not paid to any place other than to distillery, Warehouse, 6038. Re-using stamp or bottle after bottling in bond, 6075. Transporting casks having unef- faced brands, stamps, etc., 6105. |Unlawful distillation, 6022. Unlawful operation of vinegar fac- tory, 6022. Unlawful recovery of spirits from fortified wines, 6122. - Unlawful transportation of spirits With drawn from bonded ware- house for exportation without payment of tax, 6125. - Unlawful use of , alcohol manufac- tured by farmers for denatura- tion, 6137. - Unlawful use of alcohol withdrawn from bond without payment of tax for purpose of denaturing, 6.136. Unlawful use of wine spirits to fortify pure sweet wines, 6117. TJse of false signs by distillers, 9. - Use of false weights or measures in distillation, 6086. U.g. stamps in violation of law, Withdrawal of spirits from bond for purpose of making sorghum. sugar in violation of law, 6069. Working for or furnishing goods - $ºstilleries exhibiting no sign, Payment, tax on spirits in custody of bankruptcy courts, 5986b. Vendee or lessee in certain cases, 6348b. Penal; affixing imitation stamps, Buying or selling spirit casks hav.- ing inspection marks, 6106. Carrying on distillery without bonds, 6021. - - cºnsº stamps, Shifting spirits, etc., º - Evading tax, 5992. . . . . . Failure to furnish facilities for examination of distilleries, 6017. Failure to give notice of intention to carry on business of distiller or rectifier, 5995. Failure to keep, false entries in, or destruction of books of rectifi- io or Wholesale hiquor dealers, GENERAI, INDEX - [Page 20881 [References are to sections, except where otherwise indicated.] WINES [ DISTILLED SPIRITS AND WINES DISTILLED SPIRIT (Cont'd) (Cont'd) S AND WINES Internal revenue tax (Cont'd) DISTILLIED SPIRITS AND (Cont'd) . Internal revenue tax (Cont'd) Penalties (Cont'd) - Failure to place sign indicating nature of business, 6019. Fraudulent collection of draw- back, 6125. Fraudulent inspection, gauging, etc., 6033. - Misuse of alcohol withdrawn for scientific purposes, 6066, 6067. Obstructing officers in examina- tion of distilleries, 6016. - Operation of distillery on Sun- day, 6024. Possession of non-registered stills, 5994. Purchase of spirits in quantities of more than 20 gallons, 6101. Refusal to draw off water and cleanse worm-tub, 6027. Removal from distillery Within prohibited hours, 6109. Removal from warehouse without payment of tax, 6038. Setting up still by manufacturer without permit, 6003. Transporting casks having unef- faced brands and stamps in Vio- lation of law, 6105. Unlawful use of wine Spirits to fortify pure sweet Wines, 61.14C. Use of false signs by distillers, 6019 Use of material or removal of spirits from distillery in a b- sence of storekeeper, 6025. - Permits for exportation of distilled spirits withdrawn from bonded warehouse without payment of tax, 6125. Persons liable for tax, 5985. Plan of distillery, 6001. * * Products of distillation containing spirits, 5989. - Purchase of quantities greater than 20 gallons from one person, judicial sales and auction sales excepted, 6101. - Receiving cisterns in distilleries, 6005, 6006. Rectification, casks Or packages dumped for rectification, Or receiv- ed from rectification to be gauged, marked, etc., 6102a. * * * * Rectified, purified or refined, addition- al tax, 5986C. Additional tax, exceptions, 59.86c. Increase in volume after payment of tax, 5986c. Punishment, etc., for violation Of provisions relating to, 59.86c. Reduction in proof after payment of tax, 5986c. Regulations for use of spirits, 5986c. Rectifiers, acts by not elsewhere pro- vided for, penalty, etc., 6358. Amount of tax, 5971(3). Books to be kept by, 6100. Carrying on business without pay- ment of tax, 5965. Failure to keep or false en- tries therein, etc., 6100. - Facilities for examination of dis- tilleries, 6017. Gauging, inspecting and stamping of rectified spirits, 6102. Non-payment of tax, 5966. Notice of intention to carry on business of, 5995. Nº of intention to rectify, etc., taxable Penalties, acts not elsewhere pro- vided for, 6358. Purchase of quantity greater than 20 gallons from one person, 6101. Purchase of spirits in quantities more than 20 gallons forbidden in certain cases, 6101. Rectifying distilled spirits near distillery exempted, 5971(3). Rectifying in violation of law, 6099. . Removal of spirits from premises of Within prohibited hours, penalty, 6109. Returns to collector of internal revenue, 6099. Rules, etc., etc., 5986c, Tegulating business Internal revenue tº contº) Rectifiers (Cont’ Signs indicating nature of busi- ness to be put up by, 6019. Spirits drawn into new packages to be gauged, branded, and stamped, 6104. Transfer of alcohol and high proof spirits to, after tax payment from receiving cisterns, etc., 6028a. Who are as, 5971(3). wines which may be rectified, etc., with, 61.14c. Rectifying houses, meters, tanks, etc. at, effect of neglect or refusal to install, 6017a. Meters, tanks, etc., at, installation of, 6017 a. Rectifying spirits unlawfully, 6099. Reduction of capacity of distiller, no- tice of intention, 6093. Regauging at warehouses, allowance for loss, 6051-6054. Register of stills, etc., 5994. Reimbursement for destruction of dis- tillery and apparatus after seizure, 6129. Re-imported domestic wines exported, 61.16 Release of distillery after seizure and before judgment, 6128. Remission of tax on grape brandy ac- cidentally destroyed, 6121. Removal, concealment, etc., contrary to law. 6038. Removal of grape brandy without compliance with law, assessment and collection of tax, 6046. Removal to general bonded Warehous- es, 6059. Removal under other name, penalty, 6351. Retail liquor dealers, additional tax on distilled spirits held in ex- cess of 50 gallons, etc., for sale, 5986b. Amount of tax, 5971(4), 5973. Dealers in malt liquors, amount of tax. 5971 (5), 5973. Exemption from wine tax, 6110b [b]. Who regarded as, 5971(5), 5973, Returns, distiller, monthly examina- tion of, by commissioner, 6089. Number of barrels distilled, 6088. Rectifiers, contents, 6099. Wholesale liquor dealer of qilan- tity of spirits received, 6104. Re-using stamp or bottle after bot- tling in bond, 6075. Rum of certain proof may be with- drawn for denaturation without pay- ment of tax, 6133. Sale for tax, use of tax paid stamps, etc., 6131. Signs indicating nature of business, 6019 spirits than trade- 0.19. Small distilleries exempt from certain requirements, spirits drawn into new packages to be gauged and branded, .. 6104. Spirits removed from distillery ware- house to general bonded Warehouse in violation of law, 6064. Spirits removed without deposit in warehouse, 5986, 5988. Stamping rectified spirits, 6102. Stamping spirits removed from ware- house, 6037. Stamps, 5986. Accountability for stamp books, 096. Affixing imitation stamps, penalty, 610 Bottling of spirits in bond, 6070– 6076. Changing stamps, shifting Spirits, etc., penalty, 6107. Destruction after forfeiture of, etc., and before sale, 6131. Discontinuance of tise of certain stamps, 5986d. Distillery Warehouse Stamps, drawing distilled spirits from receiving cisterns after deposit in distillery warehouses Without, 6028b. Effacing from empty casks, pen- alty, 6105. w Stamps (Cont'd) Form, 6095. Change, 6342. Grape. brandy withdrawn from Special bonded warehouse, 6043. Imitation wines, 6110. Laws applicable, 5986. Method of affixing, 6103. New packages containing five gal- lons or more, 6104. . Packages of pure sweet wines for- tified with wine spirits, 61.14. Preparation and issue, 6094. Printed on hand roller presses from engraved plates, 6344. Rectified spirits, 6102. Rºle when lost or destroyed, 7. Removal of spirits to bonded warehouse, 6060. Special stamps, issue to retail liq- uor dealers, etc., on passen- ger trains, or boats, 5976. On removal of grape brandy to special bonded Warehouse, 6041. Spirits withdrawn from bond for exportation, 6125, 7 Tax paid stamps may be used in certain case on sale of fortified spirits, 6131. . Use of, 6095. In violation of law, penalty, 6098 general Wholesale liquor dealers, Stamps in exchange for stamps for recti- fied spirits prohibited, 5986d. Withdrawal from bond for ex- portation, amount of tax, 6127. Without payment of tax, 6125. Standard of proof-spirits, prevention of fraud, 5983. Stills, manufacturers of, amount of tax, drawback, 5971(2). Manufacturers of wooden stills in distilleries exempt from tax, 5972. Surveys of distilleries, before com- mencing business, 6002. Report of, 6002. Surveys, officers who may make, 6002. suspººn of work by distiller, notice, 0.92. Notice to resume, 6092. Regulation as to involuntary sus- pension, 6092. Sweet wine defined as used in provi- sion relating to use of Wine Spirits to fortify, 6112. Tax on extended to those produced anywhere in the United States, 6350. Tax paid spirits not to remain on dis- tillery premises, 6029. Tºº, distilling is deemed commenced, Time for payment of tax, 5986. Time for removal from distillery of packages containing more than ten gallons, 6109. Transportation bond on withdrawal of spirits from bonded warehouse for exportation, 6126. Approval, 6126. Tubs, regulations concerning, 6007. Unregistered materials, use, in distill- ing spirits, 6086. Vats used in manufacturing wines, etc., for fortification thereof permit- ted when, 6120. Vermuth, additional tax, when held in excess of 25 gallons for sale, 61100. When removed from place of manufacture, etc., for Sale, etc., 6110C. - Vinegar factories, location and opera- tion, 6022, 6023. Unlawful operation, 6022. Vintners, special tax on Occupation not to be imposed on, 5975. Wholesale liquor dealers, amount of tax, 5971(4), 5973. Bonded distillers exempt, 5971(4), 5973, 5974. Books to be kept by as to rectifica- tion of spirits, 6100. Dealers in malt liquors, amount of tax, 5971(5), 5973. GENERAL INDEX [Page 2089] [References are to sections, except where otherwise DISTILLIED SIPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) Wholesale liquor dealers (Cont'd) Dealers in malt liquors (Cont'd) Brewer exempt, 5973 Sales by creditors, executors, etc., or under process, etc., exempt from taxation, 5971(5). Who regarded as, 5971(5), 5973. Distillers exempted, 5971(4). Failure to keep or making false entries in books as to rectifica- tion of spirits, 6100. Non-payment of tax as offense, 5965, 5966. - Penalties, acts not otherwise pro- vided for, 6358. Purchase of distilled spirits in Quantities greater than 20 gal- lons from one person, 6101. Returns as to quantity of distilled Spirits received, 6104. Who regarded as, 5971(4), 5973. Wines, abatement on refundment or payment of tax under other acts, 6110b [a]. Allowance for unavoidable loss, 6114e. Blending, exception from addition- all tax, 5986c. Blending fortified wines, 6122. Blending or mixing wines not for- bidden, 61.14c. Champagne, additional tax when held in excess of 25 gal- lons for sale, 61.10d. When removed from place of manufacture, etc., for sale etc., 6110c. - Classification, rate, 6110bſal. Containing more than 24 per cen- tum of absolute alcohol to be classified as distilled spirits, 6110bſal. Family use, exemption from tax, 6110b [b]. Forfeiture for violation of act, 61.14c. Imitation wines, 6110b [a]. Notice, bond, inventory, 6110bſb]. Penalty for évading tax, 61.14c. Rectified, purified, or refined wines, additional tax on, 5986c. Rectifying or combining with dis- tilled spirits, prohibition, 61.14c. Regulations to be made by com- Imissioner of 61.14f. Removal of domestic wines to bonded premises, number of removals, 61.14a. Sparkling wines, additional tax on when held in excess of 25 gallons for sale, 6110d. Additional tax on when remov- ed from place of manufac- ture, etc., for sale, etc., 6110c. Amount of tax, exception, 6114b. Assessment in lieu of, 61.14b. Stamp tax, time of payment, excep- tions, 6110bſb]. - Still wines, additional tax On when held in excess of 25 gallons for sale, 6110d. When removed from place of manufacture, etc., for sale, etc., 6110C. Sweet wines, definition, 61.10a, 6112. Tax on product of wines used as material, 61.14a. Unlawful recovery of spirits from fortified wines, penalty, 6122. U; of sugar and water to perfect, 6112 Use of wine spirits to fortify, 6111. Detail of gaugers to distilleries, 61.14d. Tax paid grain or other ethyl - alcohol may be used, 61.14c. Vermuth, 6110bſal. Wine spirits, additional tax on when intended for fortification of sweet wines for sale by producer, 61.11a. Additional tax on when with- drawn from fruit distillery or special bonded warehouse, 6110e. Blending fortified wines, in certain cases, 6122. Definition, 6112. internal revenue, DISTILLIED SPIRITS AND WINES (Cont'd) Internal revenue tax (Cont'd) Wine spirits (Cont'd) Special tax when used to fortify Wine, 6110b [c]. |Unlawful recovery of spirits from fortified wines, penalty, 6122. Use § fortify pure sweet wines, 11 Blending fortified wines, 6122. Credit for spirits withdrawn, 6111. Definition, 6112. * Detail of gaugers, 61.14d. *...** Penalty for unlawful use, 61.14c, 61.17. - Place of fortifying, regulations, 61.14. Record of materials used, 6112. Recovery of wine spirits, 6118, Returns by officers, stamps, etc., 61.14. Tax paid grain or other ethyl alcohol may be used, 61.14c. Withdrawal from distillery or Special bonded warehouse, 6110b [c]. For fortification of wines, 6110bſc]. withºyal from Warehouses, Special bonded warehouses for exportation, 6116. Withdrawals, alcohol from bond for Scientific purposes, 6066, 6067. Bonded warehouse for medicinal preparations, etc., of spirits manufactured in bond, for ex- port, 6068. Distillery warehouse for purpose of making sorghum sugar without payment of tax, 6069. For exportation, 6127a. Grape brandy from special bonded Warehouse for transfer or expor- tation, 6043. Spirits from bonded warehouse, en- try for, form and contents, 6036. Spirits from general bonded ware- house, 6062. ' Wine spirits for fortifying pure Sweet wines, 61.14. For exportation, 6115. Worm tanks, regulations concerning, Wort and vinegar, 6022. Introduction into Indian country for sac- ramental purposes not prohibited, 4139. Manufacturing chemists, exemption from tax, 5975. Meters, tank, 6017a. Navy spirits as medical stores, 2974. Sale of, to natives of certain Pacific is- lands prohibited, exception, 10481. Transportation, for sacramental purposes to Alaska, 3643ee-3643f. In vessels engaged in coasting trade, 8112, 81.13 Vessels trading between neighboring districts, 8101-8104, 8109. TJse of mails for advertisement of intoxi- cating liquors intended for prohibition states, 10387a-10387e. DISTILLERIES See Bonded Warehouses : Spirits and Wines. Setting up in Indian country, penalty, de- struction, 4144, 4144a. - HDISTILLERS See Bonded Warehouses ; Spirits and Wines. Arrest of illicit distillers, 1676. DISTRAINT Delinquent disbursing officers, 6632, 6633. Goods of public ministers of foreign coun- try void, penalty, 7611, 7612. Servants thereof, when allowed, 7613. Injunction to stay warrant, 6635, 6636. etc., at distilleries, etc., IDistilled Distilled, Internal revenue taxes, 5909. Against delinquent collector of inter- mal revenue, 5941. - Distilled spirits, 5988. Effect of certificate of sale, 5916. Exemptions, 5909. Exhibition of evidence relating to property distrained, 5911. Income tax of nonresident aliens, 6336fſc]. indicated.] DISTRAINT (Cont'd) Internal revenue taxes (Cont'd) Mode of levy, 5010 Nº payment of tax on grape brandy, Non-payment of tax on spirits in bonded warehouse, 6034. Non-payment of tax on spirits remov- ed from distillery warehouse to gen- eral bonded Warehouse in violation of law, 6064. - Procedure, 5912. Return of property to owner, 5915. Sale, 5913. Indivisible property, 5917. Purchase by United States, 5914. Spirits, 6360. Tax paid Stamps may be used in Case distilled spirits will bring amount of tax, etc., 6131, 6360. Tobacco, Snuff and cigars under, Stamps, etc., for, 6178. Pºnement by Secretary of Treasury, Remedies for collection of taxes, debts, and demands due United States, not af. fected, 6637. . Rent, against persons in military serv- ice, 30.78% ee. - Sales, 6626-6631. Disposal of surplus, 6631. Land, 6629. Conveyance, 6630. - Personal property, 6626, 6627. Warrant, contents of, 6625. Delinquent public officers, 6624–6637. Execution against delinquent, 6626. Execution against surety, 6627. Levy of to be lien, 6628. DISTRESS SHGNALS Radiograms, 10.103. False or fraudulent, 10106. DISTRIBUTION Public documents. See Public Docu- nvents; Public Printing and Binding. Congressional record, form and manner regulated by joint committee on print- ing, 6968. Gºnment publications by departments, Prize cases, 8409-8412, 8418, 8419, 8426. Proceeds of property forfeited under in- ternal revenue laws, where not remit- ted, 6363. Proceeds of sales for customs duties, 5782. Public documents and renorts, 7022. Salvage on recapture, 8426. Statutes, 1524, DISTRIBUTION ACT OF 1841 Pºiº Lands Proceeds, 4473(1), 4505, 4874, 875. DISTRICT ATTORNEYS See Appointment. Accounts, auditing, 1415. Certified to hy district judge, Expenses, 1425. Proof, approval, revision, 1417. Rendition of, 433. Traveling expenses, 1432. Alabama, 1341. Alaska, abatement of liquor nuisance, 64.3kk 1416. Appointment, 3572. T)uties, residence, Information for violation of laws, 364300. Penalty for road overseers’ neglect of duty, collected by, 3600. - Prosecution of persons removing gold, etc., in action to enforce miners’ liens in Alaska, 5069. Provisions relating to fees not applica- ble, 1431. Amendment of complaint by, in summary trials for offense against navigation laws, 8048. salaries, 3568, - liquor Appeal from judgment against United States, 1578. - Appearances, actions against Officers of House of Representatives or Senate, 11 7. For collectors, 1296. For revenue officers, 1296. For United States, 1576. In actions relating to allotments in severalty, 4215. In partition suits, 1579. Arizona, 1053. Arkansas, western district, salary, 1450. GENERAL INDEX [Page 20901 [References are to sections, except where otherwise DISTRICT ATTORNEYS (Cont'd) Assistants, appointment, 1420. - Attachment against property of delin- quent postmaster, contractors, etc., application for warrant, 1551. Disqualification as United States com- missioners or receivers, 1334. Expenses, 1420. - Accounts of, 1425. Traveling, 1432. Mileage, 1390. Official residence, 1420. - - Report concerning by Attorney-Gener- al, 564. - Salaries, 1420. - 1420a, Appendix p. 1745. Assisting attorney general, examination of titles to public property, 6902. Attachment against property of delinquent postmasters, COIntractors, etc., 1551. Attending special session of court, 3942. Bonds for duties delivered to for suit, 549– 51. - Bonds, President may regulate and in- crease, 6638. - - California, Southern District, 1342. Salary, 1438. China, United States court for, 7692, 7693. Civil actions, prosecution, 1296. Civil rights, inns, conveyances, theaters, etc., 3928. - - Prosecutions for violations of law, 3935. Clerical assistance, 1427. ---- Collectors, appearance for, 1296. - To make report to of fines, etc., 5787. Colorado, 1343. Fees and compensation, 1344. Powers and duties, 1344. Compensation, Alaska, 1431. Arkansas, 1450. - Assistants, 1420, 1434, 1443. California, 1438. - Colorado, 1344. - Commissions under revenue laws, Customs cases, 5788. District of Columbia, 1431. - Limitation of payments from, 1448. Fees, 1375, 1378. - Accounts of, Attorney-General to have supervision of, 543. Auditing, 1415. Addition to salaries, 1435. Allowance made from fees of same year, 1413. Amount, 1402. Attendance in court, 1388. Attendance on rule days, 1385. Bill of costs for several Suits, etc., which should be joined, 1621. Cases in which United States is not a party, 1382. Cases where United States liable, how paid, 1462 - Civil rights cases, 3940. Defense of revenue officers, 1381. Failure to account for, 1430. Liability of informer for fees, 1617. Payment, 1462. Payment into treasury, 1418. Proof before taxation by judge, or allowance by accounting Officer, 1625. Receiving illegal, 1430. Recovery, mode, 1463. Revenue cases, 1379. Semi-annual returns, 1394. Fees, etc., included, 1395. Services in defense of revenue of— ficers, 1381. Suits on bonds in certain cases, 8 - Suits on official bonds, 1379, 1380. Surplus paid into treasury, 1414. Taxation, and when included in judgment, 1624. Hawaii, 3730. - Idaho, 1347. 1438. Illinois, 1434, 1441. Eastern district, 1349. Kentucky, 1355. Nevada, 1403, 1447. New Jersey, 1447. New York, 1431, 1436. Not to regeive in addition 1435. Oklahoma, 1444. Oregon, 1403. Pennsylvania, 1443. Porto Rico, 3792. Prize cases, 8422, 8423. Restoration of records lost or destroy- ed in which the United States are interested, 1518. Payable when, 1428. 1379. to salaries, HDISTRICT ATTORNEYS (Cont'd) Compensation (Cont'd) . - Revenue cases, 1379, 1381. Revenue fraud prosecutions, 1297. Salaries, 1418-1420. South Carolina, 1362a. Texas, 1445. - Condemnation of property seized under customs laws, 5779. Conduct of Suits respecting national banks in which the United States are interest- ed, 556. Contagious, etc., diseases, among animals, prosecutions of violations, 8697. Costs not affected by provisions relating to Salaries, 1429. § Cotton futures tax, 6309p. - Counsel to aid, how retained, 538. Crimes and offenses, prosecution of, 1296. Cruelty to animals in transit penalty for to be recovered, 8654. Cºns laws, prosecution for violation of, Department of Justice to be obeyed in suits for money due Post-Office, 557. Designation of United States commission- ers to hear Chinese deportation pro- ceedings, 4332. Direction of Attorney-General, 537. Discharge of poor convicts, applications for, 1706. Disobedience to subpoena of court-martial, prosecution for, 2308a, art. 23. Disqualification as United States com- missioner or receiver, 1334. District of Columbia, abatement of liquor nuisances, 3421%hh. Limitation of payments to deputies and for expenses, 1448. 1448, Appendix p. 1746. Presiding against witnesses refusing to testify before Congress, 159. Prosecutions for violation of liquor laws, 34.21% p. Provisions relating to fees not appli- cable, 1431. , Subsistence, 1432a, Appendix p. 1746. Duties in general. 1296. Employment for extra services permitted, 3235. collecting penalties, Expense accounts, 1425. Expenses, office, 1426. - Report of by Attorney-General, 564. Revenue cases, 1297. Traveling expense, 1390, 1420, 1432, 1442. Export trade, recovery of forfeiture, 8836%.e. - Food and drugs, adulterated or misbrand- ed certified to, 8720. Prosecutions, 8721. Food, etc., conservation act, prosecuting libel cases, 31.15%h. Forfeitures, failure to make reports to Federal Trade Commission, prosecution for, 8836j. Georgia, 1345, 1346. Hawaii, appointment, 3727. Salary, 3730. Hours of service act, enforcement, 8679. Idaho, salaries, 1438. Illinois, Eastern district, 1348–1350. Northern district, assistants, salaries, 1434, 1441. Immigration law, duties relating to, 4289%.p. - Indian inspectors, enforcement of laws on instigation of, 3989. - Indians, representation of, 4102. Information for Crimes, 1686. Information for obstruction of naviga- tion, etc., furnished to, 9923. Information in contempt proceedings, 1245b. Insecticides and fungicides, certification to of adulteration or misbranding, 8768. - Prosecution of violations, 8769. Interstate Commerce Commission, may apply to for institution of suits, 8576. Rentucky, 1354, 1355. - Law books to be transmitted to Successors, 1340a. Libel against prize property, 8398. Lost records of official return, etc., Louisiana, western district, 1356. Maine, number, 1070d. Mileage, 1390. Not limited to actual expenses, 3236. Monopolies, duties as to, 8823. e In restraint of import trade, duties as to, 8832. Montana, 1358. 1517. indicated.] DISTRICT ATTORNEYS (Cont'd) National banks, conduct of suits respect- ing, in which United States is interest- ed, 5. - Naturalization, duty to institute proceed- ings to cancel certificates, 4374. Nevada, double fees, 1403. Salary, 1447. • New Jersey, Salary, 1447. New Mexico, 1083. New }º northern and western districts, 7. - Southern district, assistant’s traveling expenses, 1442. Clerks and messengers, 1439. Provisions relating to salaries not applicable to, 1431. - Salary, 1436. Traveling expenses, 1442. North Dakota, 1358, 1359. - Notice of application for discharge indigent convict given to, 10.138. Notice of petition for remission of fines, penalties and forfeitures given to, 10132, 10134. Notice to of proceedings to take testi- º on Claim pending before Congress, Notice to prosecute criminal proceedings against bridge owners, 9970. Oath, 1295. Observance of rules by Solicitor of Treas- liry, respecting suits in which United States are parties, 553. Obstruction of navigation, prosecutions for, etc., 9922. Offenses against navigation laws, 8046. Offenses, compromise of violations of in- ternal revenue law, 5893. Office expenses, 1426. Official commissions, 3252. Official residence, 1420. Oklahoma, 1360. Eastern district, salary, 1444. Western district, salary, 1444. Oregon, double fees, 1403. Panama Canal Zone, 10044. Particular districts, 1341-1374. Partition, suits against United States, service of, bill, etc., 1579. Penalties and forfeitures under merchant Sea Imen shipping laws, enforcement, 8390. Penalties, failure to prosecute actions for violation of civil rights, 3928. Penalties for nonpayment of cotton fu- tures tax, 6309p. - Penalties for violation of contract labor law, 4250. - Penalty for entry of vessels in violation ºuarantine laws collected by, 9156, Pennsylvania, 1361, 1362. Eastern district, first assistant, 1443. Salary, 1443. Personal attention to duties, 1332. Pºlº, etc., prosecution of violations, Porto Rico, 3785, 380344. Salary, 3792. Post Office Department, suits for col- lection of money due, 557, 558. Private claims pending before Congress, powers and duties as to taking testi- mony, 6409, 6410. Prize cases, 8398, 8399. A CCOUInts, 8423. In cases of prize of insurrectionary - property, 10153. Property of United States under attach- ment, stipulation, etc., 6950. Public lands, suits for unlawful inclo- sure or occupancy of, 4998. Public moneys, payment to depositaries, 6605, 6606, 6611. - Purchasing fees at less than face value, 10273. Quarantine laws, prosecutions for viola- tion, 9175 e - Receiving moneys under prohibited con- tracts with Indians, prosecution for, 4089. - Refusal to prosecute cases Secretary of Treasury, 5788. Regulations of Solicitor of Treasury re- specting suits in which United States are parties, 553. Reports in compromise of claim of United States, 6375. - Reports, to Attorney-General, 537. To Attorney-General, prosecutions for obstruction of navigation, etc., 9922. To Department of Justice, 1301. • To Solicitor of Treasury as to Suits, 1299. Of reported to Where declining to prosecute, 1297. GENERAL INDEX [References are to sections, except where otherwise indicated.] DISTRICT ATTORNEYS (Cont'd) Reports to, violations of the internal rev- €Illie º:* - Residen Ce • - * festoration of records in which United States are interested, which have been. lost or destroyed, 1518. . Returns to Commissioner of Internal ReV- enue, 1300. - . Revenue officers, appearance for, 1296. Revenue, prosecution of frauds On, 1291. Safety appliance acts, enforcement, 8610, 8615, 8622, 8626, 8638. * Service until appointment and qualifica- tion of successor, 1319. & Solicitor of Treasury may instruct, 555, 556 - South Carolina, 1362a. South Dakota, 1358., - . Special assistants, reports concerning by Attorney General, 563. • Statement of suits for fines, penalties, and forfeitures, 1298. . : Statutes to be delivered to Successors, 3258. * * Suits for false claims against United States, 6413. * Suits for forfeitures for failure of Com- mon carriers to obey orders of Inter- state Commerce Commission, 8584. . . Suits in customs cases, compensation, 5788. - . - Suits in equity for enforcement of tar- iffs of carriers, prohibition of discrimi- nations, etc., 8599. Suits on bonds of deputy surveyors, when, 4. 7. Superintendence of by Attorney General, 537 Supreme Court reports for, 1203. Term of office, 1295, 1319. Territorial, 3465. Appointed by president, 3467. Fees, 3471. Texas, salaries, 1445. º Titles to sites for public buildings, 6902, Transmission to Attorney General of Cop- ies of papers in suit against United States, 1578. Traveling expenses, 1420, 1432. Utah, 1368, 1369. Vacancies, 1320. . How filled, 1318. tº Warrants of arrest for violation of Chi- nese Exclusion Act to be issued on COTm- plaint of, 4334. Washington, 1358.” 1370, 1371. Weights and measures, duty to enforce Act relating to Standard Containers for SImall fruits and vegetables, 8907p. Enforcement of Act. Telating to line barrels, 8907k. West Virginia, 1372, 1373. Witness failing to appear or testify before naval court, prosecution of, 3036. Wyoming, 1374. * , Yellowstone Park, compensation, 5196. DISTRICT COURTS See Clerk’s Of Courts District Attor- 7teys ; District Judges ; Injunction, , Judicial Districts Marshals : Re- "moval of Causes ; United States Com/missioners ; Venºwe or District of Swit. General provisions, 1266–1273. Admiralty, Courts always open as courts of, 976. Alaska, appeals and writs of error to: Supreme Courts of United States, 1224. - - Clerk, appointment, 3566, 3567. Bond, 3574. - Duties, 3567. - Ex officio recorder of recording division, 3575. Fees, 3572. ACCounts of fees and expenses of commissioners and mar- Shals to be sent to, 3573. Insanity proceedings paid by, Legislative power over, 3544a. Notaries’ bonds approved by, 3584. Notaries' records deposited with, 3582, 3583. Recorders of instruments, 3567. Reports and accounts of moneys received, 1399. Salaries, 3572. Commissioners, appointment, 3566. Bonds, .3574. - Ex officio recorder, 3575. Fees, 3573. [Page 2091] DISTRICT COURTS (Cont'd) Alaska (Cont'd) Divisions, 3564. Judges, appointment, 3572, Approval of accounts, of fees by, Audit of fees in insanity proceed- ings by, 3610. . Clerks appointed by, 3566. Relief of indigents, 3592. Residence, 1236. - Traveling expenses, etc., 1236. Jurisdiction, 3565. Actions under copyright laws, 9547, 55 Election offenses, 3558. Prosecutions, unlawful fishing, 3625, 3643. *. Unlawful taking of fur seal and Sea otter, 8845. Legislature not to amend or repeal, laws, 3530. Organization, 3564. Recording district established by, 3575. Rooms, 3588. - Terms, 3564. Amendments of writs, processes, etc., 1580, 1591. . Animals in transit, rest, water and feed- | ing, penalty for neglect, 8654. Appeals, cases jurisdiction of which was transferred from commerce court, 995. Prize cases, 8413–8415. Procedure, 1646–1673. Supreme Court, 1215. Final judgments and decrees, 1000. Final judgments and decrees in commerce cases, 999. Interlocutory injunctions, orders of Interstate Commerce Commission, 998. Time for taking, 1228a, 1649. Appeal to board of referees fixing com- pensation for right of way through In- dian land, 4183. - Appellate jurisdiction, Chineses exclusion laws, 1007. . . . Yellowstone National Park, 1008. Appointment of surveyors on complaint, unseaworthiness of vessel, 8345. Appraisal of land for national cemeteries, 9363. Arbitration between carrier and employés, judgment on award, 8673(1-4). Attachment, same as by laws of State, 1539. Award on arbitration between carriers and employés to be filed in clerk’s office, 8669, 8672(1). Awards of foreign consuls, etc., enforce- ment, 1248. - - Bailiffs, actual attendance, 972a, Appen- dix p. Appointment, 972. Bankruptcy jurisdiction and powers, 991 (19), 9586. - Bonds of contractors for public buildings and works, 6923. Bonds of defaulting contractors to furnish paper for public printing, 6964. Carriers, damages from violation of pro- hibitions, 8573. Liability for injuries to employés, 8662. Civil causes other than equity or admiral- ty, 1537. . Clerks, see Clerks of Courts. Commerce cases, procedure, 1004-1006. Commissioner for Yellowstone park, ap- pointment of, 5.194. Condemnation as prize of property used in aid of insurrection, 10151, 10153. Condemnation of arms, etc., intended for export, 7678e-7678k. Condemnation of dams, 9979. Condemnation of sites for public build- ings, 6909, 6910. - - Condemnation of timber, sawmills, camps, etc., 6911aa, Appendix p. 1784. Contempts, procedure, 1245a. Continuance, Maine, 1070g. Vacancy in office of judge, 989. Copyright laws, 9547, 9555. Costs, plaintiff or petitioner recovering less than certain amounts, 1609. - Counties in which held, 3464. Court houses, and court rooms, particular districts, 1052–1106. - Criers, actual attendance, 972a, Appen- dix p. 1745 Appointment, 972, 1338. Compensation, 1338, 1339. in common-law causes in, | DISTRICT COURTS (Cont'd) Custom-house brokers, review of revoca- tion of license, 5552. - Discharge of jury, 1262. Disposition of suits pending in circuit courts, 1267. - District attorneys and marshals, appoint- ment of, to fill vacancies, 1320. Districts, 1051–1106. Diversity of citizenship, pleadings, to show, 1251C Division of business in districts having more than one judge, 990 Hºy, Courts always open as courts of, amendments of Establishment, 968. - Examination of expense accounts of dis- trict attorneys and marshals, 1425. Execution in State with more than one. district, Where to Tun, 1631. Execution on judgment for use of United States, 1632. . . Execution, to reach property of judgment debtor, 1540. * . - Ex parte proceedings, orders, etc., in nei- ther division, Maine, 1070f. Federal Reporter and digest for, 1206. Federal Trade Commission, enforcing at- tendance of Witnesses, etc., 8836i. Fees and expenses, Porto Rico, 3789. Foreclosure of miners’ lien in Alaska, 5063. Forfeitures, 991(9). Forms and proceeding in equity and ad- miralty causes in, 1536. Tºº prescribed by Supreme Court, Habeas corpus, 1279–1293. Hawaii, 3727. - Jurisdiction, 3727. Copyright cases, 9547, 9555. Supreme Court reports to, 1203. Terms, 3727. * Hours of Service Act, enforcement, 8679. Income tax proceedings, compelling at- tendance of Witness and production of books, 6336s. Judgments against United States, pay- Iment, 6408. r Juries, 1252–1265. Juriº, 991-1009; (Const. art. 3, § 2, Cl Acts under laws of United States, in- juries. On account of, 991(11). Admiralty causes, seizures, and prizes, 991(3). - - Alºnents of land to Indians, 991(24), Amount in controversy, 991(1). Anti-Trust damage actions not de- pendent upon, 8835d. Appeals in cases involving, 1215. Bankruptcy, 991(19). - Offenses, 9607. Captured insurrectionary property, Condemnation, 1028. Carriers, 994, 8599. Cases transferred from territorial courts, 1046. - Citizens of State claiming lands under grants from different states, 991 (1); (Const. art. 3, § 2, cl. 1). Civil rights, 991(12). . . . . . . Civil suits at common law or in equity, 991(1). Clayton Act, enforcement, 8835n. Commerce cases, 991(8). - Appearance by Interstate Commerce Commission, 1005. - Attorney General to control, 1005. Intervention by United States, 1004. Parties, intervention, 1005. - sº to be against United States, Commerce court, jurisdiction transfer- red, 992, 993, 996, 997, 999, 1004-1006. Common law remedy, saved, 991(3). cºrrent jurisdiction, New York, Constitution or laws of United States, Suits under, 991 (1). Copyrights, 991(7), 9547, 9555, 9556. Crimes and offenses, 991(2), iO503, 10514. Alaska fisheries act, 3625, 3643. Arms, etc., sale to natives of cer- tain Pacific Islands, 10482. Bankruptcy act, 9607. Civil rights, inns, theaters, etc., 3928. Common carriers, embezzlement of noneyS, property, etc., used in Interstate Commerce, 8602a. Disobedience to subpoena of court- Imartial, 2308a, art. 23. conveyances, GENERAL INDEX [Page 2092] [References are to sections, except where otherwise indicated.] DISTRICT COURTS (Cont'd) Jurisdiction (Cont'd) Crimes and offenses (Cont'd) Dumping dredged material in un- authorized places in New York Harbor, 9.937. Espionage act, 10514b. Using mails in violation of, 10401c. . - Exclusive of state courts, 1233(1). False stamping of articles made of gold or silver, 8.809. Federal control of transportation systems, violation of act, 31.15%k. Fur-bearing animals, 8851. Fur seal act, violations, 8845. Hot Springs Reservation, 5262. Immigration laws, 4289%bb, 4289%p. Indian reservations in South Dako- ta, 1009, 10503. Indians, offenses by, 10502. Larceny, etc., of goods in interstate commerce, 8603. Military offenses committed with- in Canal Zone, etc., 10208. Offenses begun in One district and completed in another, 1024, 8809. Offenses on the high Seas, etc., Radiotelegraphs, offenses relating to, 10.108 Regulations concerning reservoirs at headwaters of Mississippi riv- er, 98.93. • Regulations to prevent injuries from Coast Artillery fire On navigable waters, 9862d, Appen- dix p. 1799. Submarine cables, ing to, 10099. Trading With 31.15%ii. Unlawfully taking sponges, 8869. Vessel owners, etc., failing to fur- nish statement to persons in charge of river and harbor works, 9901. Vessels employed in cooly trade, offenses relat- enemy, 31.15%i, 4343. White slave traffic act, violations, 88.16. Customs, 991(5). Damages, anti-trust law violations, 8835d. Drawback of duties, 991(10). Extended in Porto Rico, 3786. False claims against United States, suits for making, 6412. Forfeitures in general, 1025. Immigration act, 4289%bb, 4289%p. Immigration and contract-labor laws, 991(22). Importation, transportation, etc., of opium in China, 8799. - Income tax proceedings, compelling attendance of witness and produc- tion of books, 6336s. - Indian allotments in severalty, 991(24), 4214. Internal revenue, 991(5), 1026. Bonds of deputy collectors, 5849. Suit to recover fines, penalties or forfeitures and to recover taxes under internal revenue laws, 5937. - Interpleader by insurance companies, etc., 991a. Liens, enforcement, 1039. Local actions, 1036. - Property in different districts, 1037. Monopolies, injuries by, 8829–8835. National banks, injunction against Comptroller of the Currency, 1031. Winding up, 991(16). Naturalization, 4351. Neutrality laws, enforcement of, 10178. New district, creation, effect, 1041. Original, 991. Parties to suits, aliens, 991(17). Assignees, 991(1). Citizens and foreign states, zens, or subjects, 991(1). - Citizens of different states, 991(1), Consuls and vice-consuls, 991(18). National banks, 991 (16). Trustees in bankruptcy, 9607. United States, 991 (20). Partition, United States a joint ten- ant, 991(25). Patents, 991(7), 1030. Penalties, 991(9), 1025, 8390. Postal laws, 991(6). Citi- DESTRICT CO URTS (Cont'd) Jurisdiction (Cont'd) Prizes, 99.1(3). Prosecution for embezzlement by Offi- cers of common carriers, of moneys, property, etc., used in Interstate Commerce, 8602a. Public lands, unlawful inclosure of, 991(21). Reclamation laws, 4732, 4732a. Recovery of offices, 991 (15). Seizure and condemnation of food or drugs adulterated or misbranded, 8 Insecticides or fungicides, adulter- ated or misbranded, 8774. Seizures, 991(3). On high seas, etc., 1027, 1029. Slave trade, 991(4). Submarine cables, 10099. Suits against persons having knowl- edge of conspiracy, etc., 991(13). Tonnage laws, 991(5). Trade-marks, 991(7). Treaties, actions arising under, 991(1). Trusts, monopolies and unlawful com- binations, 991(23). In restraint of import trade, 8832. United States Shipping Board orders, enforcement, 8146nn. War risk insurance, 514e, 514kk. Workmen’s compensation, rights and remedies under saved to Suitors, 991(3). Mandarmus, compelling carriers to comply with requirements, 8572. Compelling carriers to comply with requirements concerning physical valuation of property, 8591. Compelling carriers to furnish equal facilities to shippers, etc., 8593. Compelling Officers to make returns and perform duties, 1327. Compelling operation of Union Pacific Railroad, 10069. Marshal, adjournment for nonattendance of judge, 979. Marshal to attend, 1311. Merchant seamen shipping 8390. Miscellaneous provisions, 1022–1050. National banks, forfeitures of franchises, Iaws, 991(9), Forfeiture of franchises for noncom- pliance with Federal Reserve Act, 9786(6). Injunction upon receivership, 9824. Officers, punishment for falsely certi- fying checks, etc., 9771. Suits for taking usurious 9759. Navigation, recovery of cost of construct- ing aids to navigation in connection with bridges from bridge owners, 969 interest, Proceedings for removal of dams, ob- structing navigation, 99.80. * Officers, prohibited appointments, 1049. Organization, 968–990. - Panama Canal Zone, 10041, 10044-10046. Places of holding, 1203. Porto Rico, 3785, 3803d-3803r, 3803s, 3803t- 3803u, 3803uu. - Clerk and other officers, salaries, 3793, 3803t. - Habeas corpus, 3791, 3803u. Jurisdiction of actions under copy- right laws, 9547, 9555. Justices, appointment, 3784, 38034. Reservation of land for, 3761. Supreme Court reports for, 1203. Fowers and duties of circuit courts im- posed on, 1268. - Preferred causes, application for injunc- tion against enforcement of state law, 1243. Suit for unlawful inclosure or occu- pancy of public lands, 4998. Suit under anti-trust laws, 8824. Prize cases, appointment of prize-com- missioners, 8400. Powers pending appeal, 1667. Procedure, 1534–1706. Cases, jurisdiction of which was transferred from commerce court, 995–998. - Rules to regulate, 1544. Process, amendments of, etc., 1580, 1591. Part of defendants not served, 1032. Prohibition from Supreme Court, 1211. Provisions applicable to more than one court, 1233-1251. Records, DISTRICT COURTS (Cont'd) Provisions applicable to particular states, 1051–1106, 1406a. Public lands, suits for unlawful inclosure, lost or destroyed, restoration, 1513–1518. - Of circuit courts transferred to, 1266. Where kept, 973. - References to laws revised in Judicial Code deemed to refer to sections of Code, 1269. Remand of commerce cases from Supreme Court, 1002. Removal of United States commissioners, 333. Repealing provisions, 1274-1278. Reporter, Hawaii, 3727 Report of examination of provisions for gºshant VeSSel to be sent to judge, Rules of procedure in, prosecution for of fenses on Hot Springs Reservation, 6. Trading with Enemy Act, 31.15%i. Safety appliance act, penalty for viola- tion, 8610, 8626, 8638. Seals, how provided, 1534. Seamen’s wages and effects, forfeited by desertion, disposal, 8385. Payment and distribution on death, 8329, 8330, 8332-8334. - Seizure and condemnation of imported ob- scene matter and lottery tickets, 5301. Shipping, condemnation of vessels em- , ployed in cooly trade, 4343. Entry of vessels in violation of quar- antine laws, 9156. Libel against vessel, injury to river and harbor improvements or naviga- tion, 99.21. Lien on vessel for cost of quarantine enforced by, 9165. - - Violating anchorage regulations, Ken- nebec River at Bath, Maine, 9958. New York Harbor, 9948. Port of Chicago, 9951. Stay of proceedings on distress warrant, against delinquent collector, etc., 6635. Subpoenas to witnesses in claim proceed- ings before Executive Departments or Bureaus, 266, 268. Summons for non-payment wages, 8335. - Supreme Court reports for, 1203. Terms of court, 1052-1196. Adjournments, criminal causes, 977. To another place in case of conta- gious disease, 9181. Nonattendance of judge, 979. Alteration, effect, 974. Particular districts, 1052–1106. Alabama, 1052. - Arizona, 1055. Arkansas, 1056, 1056a. California, 1057. Colorado, 1058. Connecticut, 1059. Delaware, 1060. Florida, 1061. Georgia, 1062. Hawaii, 3727. Idaho, 1063. Illinois, 1064. Indiana, 1065. Iowa, 1066. Ransas, 1067. Rentucky, 1068. Louisiana, 1069. Maine, 1070, 1070a. Maryland, 1071. Massachusetts, 1072. Michigan, 1073, 1074. Minnesota, 1075. Mississippi, 1076. Missouri, 1077. Montana, 1078. Nebraska, 1079. Nevada, 1080. New Hampshire, 1081. New Jersey, 1082. New Mexico, 1083. New York, 1084. North Carolina, 1085, 1085a. North Dakota, 1086. Ohio, 1087. Oklahoma, 1088. Oregon, 1089. Pennsylvania, 1090. Rhode Island, 1091. South Carolina, 1092, 1092a. South Dakota, 1093. Tennessee, 1094, 1094a. of seamen’s GENERAT, INDEX I Page 2093I [References are to sections, except where otherwise indicated.] DISTRICT COURTS (Cont'd) Terms of court (Cont'd) Particular distrfets (Cont'd) Texas, 1095, 1095b, 1097, 1099. Utah, 1100. - Vermont, 1101. Virginia, 1102. Washington, 1103. West Virginia, 1104. Wisconsin, 1105. Wyoming, 1106. Special, 978. Judges and officers to attend at places designated by President for trial of offenses against civil rights, 3942. Particular districts, 1052–1106. Mighigan, 1073. New York, 1084. Trial of offenses against naviga- tion laws, when, 8046. Tººls not discontinued by new term, Territorial, 3455,. 3463. Appeals, etc., from, 3459. Clerk, 3461, 3462. Commissioners to be increased with reference to civil rights, 3936. Bºy and common law jurisdiction, Expenses how paid, 3464. Fees and costs, 3471. Trade-mark suits, 9502. Transcripts irºto new books of records as evidence, 1510–1512. Transfer of records to district court when territory becomes a state, 1044, 1045. Tººfer to, cases in Commerce Court, United States, suits by, 991(1). United States Tariff Commission, aid in requiring attendance of witnesses and production of documents, 5326g. Mandamus to aid compliance with or- ders of, 5326g. Vacation proceedings, 976. Witnesses, compelling attendance of wit- ness in income tax proceedings, 6336s. writºw sealed, signed, bear teste, etc., Power to issue, 1239. Scire facias, 1239. DISTRICT JUDGES See Appointment; , District Courts; Hawaii; Injunction. Absence, adjournment, 979. Absence or disabilities, special bail taken by clerks, 1573. Adjournment of courts to other places in district in case of epidemic disease, 9181. Appointment of clerk, 1328. Appointment of commissioners to admin- ister oaths of appraisers, 1043. Approval of marshal’s bond, 1307. Bail in capital cases, 1680. Bias, 988. Certificate of inability to preside impar- tially, 988. Certificate of electoral votes for, 209. Certification of accounts of district attor- neys, clerks and marshals, 1416. Certification of fees of persons appointed to execute warrants of commissioners, Chambers, powers at, 976. Collector of internal revenue may apply to for order requiring attendance of witnesses,” 5898. Compelling delivery of records of territo- rial courts, 1045. Contempt, rule to show cause, attach- ment, etc., 1245b. Designation for Court of Customs Ap- peals, 1179. - Designation for hearing suits relating to monopolies, etc., 8824. Desiegion to act for other judge, 980– In cases of accumulation of business, 981. Duties and powers, 986, 989. New appointment, 983. Revocation, 983. Pºlities. designation of other judge, Districts having more than one judge, di- vision of business, 990. Grand jury, ordering venire, 1261. Habeas corpus, power to grant writs, 1280. Housing of war-industry employés, pro- gºing to acquire property for, 3115 68. Income tax not to impose loss or burden on, 6336k[b]. DISTRICT JUDGES (Cont'd) Indorsements for appointment, tion by President, 968c. Interest, 987. Issue of warrant for removal of offenders, etc., to district where offense to be tried, 1674. - Jurisdiction in pending cases, 968f. License to wreckers on Florida coast granted by, 7987. Liquor licenses in Alaska, 3643pp. Lists of votes for electoral colleges, 211. Number for hearing application for inter- locutory injunction, suspending, etc., Orders of Interstate Commerce Com- mission, 998. , Suits relating to monopolies, etc., 8824. Under anti-trust laws, 8824. Oath, 1234. Oaths of marshals and deputies taken be- fore, 1305 Offenses against navigation laws, marily tried, 8046. Particular districts, 1052–1106. Alabama, 1052. Middle district, 968. Arizona, 1053. California. 968. Colorado, 1343. Georgia, 1345. Southern district, 968c, 968d. Illinois, eastern district, 1348. Northern district, 968. PCentucky, 1355. - Maine, 1070g. Minnesota. 968. Mississippi, 968. Montana, 1358. Nebraska. 968. New Jersey, 968, 968g. New Mexico, 1083. New York, eastern district, 968. º Performance of duties in other dis- trict, 1084. Southern district, 968. North Dakota, 1358. Ohio, northern district, 968. Southern district, 968. Oklahoma, 1360. Oregon, 968. - Panama Canal Zone, 10044. Pennsylvania, 1361, 1362. - Eastern district, 968, 968a, 968b. To be one of assay commission to examine and test coins, 6518. Western district, 968. Porto Rico, 3785, 380344, 3803t, 3803uu. Salary, 3792. - Second circuit, designation of district judges from other circuit, 985. South Carolina eastern, and western districts, 968, 968e. South Dakota, 1358. g Tennessee, eastern and middle districts, publica- grant of, SUIII i.” 968. Texas, addition for western district, 968h TJtah, 1368. Washington, 1358. Western district, 968. Wyoming, 1374. Permits to pharmacists in Alaska...for transportation of alcohol, 3643bb-3643cc. Prejudice, 988. Qualifications, additional judge for dis- trict of New Jersey, 968g. Eastern district of Pennsylvania, 968a. Southern district of Georgia, 968c. Relationship to parties, 987. Removal of Deputy Marshals, 1304. Removal of prisoners in case of epidemic disease, directed by, 9182. Residence, 968, 968a. - Georgia, southern district, 968c. New Jersey, 968g. Pennsylvania eastern district, 968a. Salaries, 969, 3727. Georgia, southern district, 968c. New Jersey, 968g. Pennsylvania eastern district, 968a. Search warrants, 10496%a. To customs officers issued by, 5769. Security for peace and good behavior, power to hold to, 1247. Sitting in circuit courts of appeals, 1112. Special terms upon requisition of Presi- dent for trial of offenses against civil rights, 3942. Statutes to be delivered by, to successors, DISTRICT JUDGES (Cont'd) Summary proceedings for remission of fines, penalties, and forfeitures, 10130, 10132-10134. * Summons to witnesses under letters roga- tory from foreign countries, 7619. Supreme Court reports for, 1203. º Temporary or special judge in Porto Rico, Term of office, additional judge for district of New Jersey, 968g. Traveling expenses, etc., 1236. Vacancy, Georgia, southern district, 968d. Pennsylvania eastern district, 968b. Vacation proceedings, 976. Warrants, arrest of fugitives of foreign countries, 10110. Internal-revenue officers premises, 6364. - Seizure of imported lottery and ob- scene matter, 5301. Writs of ne exeat, 1238. DISTRICT OF COLUMBIA * See Court of Appeals for. District of Columbia ; Public Buildings and Grounds ; Public Works ; Supreme Court of District of Columbia ; Washington Aqueduct, Washington MO'M/M/717, e77t. Insane hospital, see Insane Persons. Militia, see Militia. Accountants, etc., inaugurating new meth- ods of business, no compensation unless authorized, 3227a. - Accounts, Auditor's examination, 420. Adulterated or misbranded insecticides not to be manufactured in, 8765. Advertisements, for contracts not to be published in unless the Supplies or labor are to be furnished or per- formed in, 7184. Number of papers, rate of compensa- tion, etc., 7186. Required to be published in District of Columbia, Maryland and Virginia, 7182. Aliens, enemies not to enter, 7615. Ownership of lands in, 3496, 3498, .3499. Publications by enemy aliens, 7615. Animals, contagious, etc., diseases, duties of Commissioners, 8696. Assignment to, of officers detailed to gen- eral staff corps, 1762a. Associate justices, books from Iibrary of congress, 142. * Attorney, condemnation 5 25a. 525a, Appendix p. 1743. * * Serve until appointment and qualifica- tion of successors, 1319. Supreme Court reports for, 1203. Banks in, examination of by Comptroller of Currency, 504. Blind persons, education in Maryland or other state institution, 9360, 9361. to search proceedings, Expenses of education, how paid, 9360, 9361. tº Board of Charities, contracts with, for treatment of persons in Freedmen’s Hospital, 3977. - Board of health to confer Health Service, 9146. - Bonds, etc., exemption from internal rev- enue tax, 6318b. Boys sent to National Training School for Boys supported by, 9409, 9409a. Bureau of internal revenue, appointment of officers and agents to enforce provi- sions of opium registration act, 6287p. Cadets, military academy, 2230 2230c, Appendix p. 1759. Cº. part of park system when filled, 3bča. With Public Capitol building and grounds, 3370–3382, 3386-3415. Census in, 4385. - Central heating, lighting, and power plants, buildings supplied from, 3332a. Chief justice, books from library of con- gress, 142. Civil jºice employés, apportionment to, Examinations, 3284a. Clerks and employés of government, de- tails from outside District for duty with- in District prohibited, 249, 252. Cº.; transfer to and from departments, C. Collectors and receivers of public money, payments into treasury, 6604. Columbia Institute for Deaf, 9340-9361. GENERAL INDEX - [Page 20941 [References are to sections, except where otherwise indicated.] DISTRICT OF COLUMBIA. (Cont'd) Commissioners, acting as trustee of Na- tional Training School for Boys, 9393. Compensaton of officers, and employés of National Training School for Girls approved by, 94.17. - * Control of Rock Creek Park jointly With Chief of Engineers, 3360. Harbor lines, 3366. .* Insane persons, 9307, 9308, 9313, 9315- 93.17, 9337. Jurisdiction of street parks transferred to, 3352 Jurisdiction over reservation 185 trans- ferred to, 3351. . Location of National Training School for Girls approved by, 9415. Officers of National Training School for Boys to report to, 9400. - Official register for, 7092. : Regulations for public grounds, 3357. Reports by pharmacists as to intoxi- cating liquors, 342.1%bb. Streets, authority to designate busi- ness streets, 3353. - Supervision of expenditures of Freed- nnen’s Hospital, 3976. Transfer of jurisdiction between, and Chief of Engineers, 3356. wharº construction and 65 365. Controlled by, 3364. - Permit for in Potomac river, 9942– 9945. . Commission of Fine Arts, 3367. . Commissions to take testimony in, 1482– 1485. Common carriers to designate agent in city of for service of notices and pro- cess, 8600. . . -. - Condemnation proceedings, employment of attorneys, 525a. - Conduit Road, traffic regulations by chief of engineers, 3322a. Congress, exclusive legislative power over, (Const. art. 1, § 8, cl. 17). Corporation counsel, prosecutions for Vio- lation of liquor law, 34.21%p. Corporations, owning lands, alien Stock- holders, 3499. - Court of Appeals, see Court of Appeals for District of Columbia. Courts contempt, procedure, 1245a. Salaries of officers, clerks, etc., to be paid by marshal, 1312a. Deaf persons, admission to Columbia. In- stitution, 9347, 9351. Colored, education in Maryland School, 9352. . . Expenses of pupils in Columbia. Insti- tution, how paid, 9349. Justices of the peace to report to Co- lumbia. Institution, 9356. Deeds affecting lands in, acknowledgment in United States possessions, 3260, 3261. Department of agriculture, purchase and maintenance of vehicles, 814b. Rent of buildings, report, 837a. Deposit of offal in Potomac River prohib- ited, 9942–9945. . Details of army officers to general staff corps, suspension of provision, 1762.a.a. Details of persons in classified service for service outside of District of Colum- bia, 252a. - 252a, Appendix p. 1737. District attorney, deputies, 1448, Appendix p. 1746. Fees, etc., returns, 1396. Limitation of payments to deputies and for expenses, 1448. - Provisions relating to fees, etc., not applicable; 1431. - ; Subsistence, 1432a, Appendix p. 1746. Estimates, statements in of building rent- ed within District, 6723a. r Experts, etc., inaugurating new methods of business, no compensation unless au- thorized, 3227a. - Explosives inspectors, detail of for duty in, 31.15%g. Extradition, fugitives from foreign coun- tries for certain offenses from, 10110. Feeble-minded to be committed to Penn- sylvania Institution; 9348. Expenses how paid, 9350. Flag, definition of, 3369b. Mutilation, etc., punishment, 3369b. Use of for advertising, punishment, 3369b. Freedmen’s Hospital, contracts for care and treatment of persons from District, not payment to, rental, DISTRICT OF COLUMBIA (Cont'd) Fuel, appropriation for, use of, 3369ee, Appendix p. 1775. - Purchases by officers in District with- out inspection, etc., unlawful, 6838. Gas, restrictions on payments, 3331a. Government fuel yards, 3369e, Appendix p. 1775. . . . . . . Harbor lines, determination of, 3366. Establishment on Potomac and Ana- costia Rivers, 9913. Harbor regulations, 9952, 9953. Health officer, report of, number of cop- ies, distribution, 7064. Hours of labor on public works, 8918–8922. Housing for war-industry employés, 31.15%a–31.15%i. - Indigent deaf may be admitted to Co- lumbia. Institution, 9347. Insane persons and hospital therefor, see Insane Persons. Insecticides, manufacture, 8765. Intoxicating liquors, advertisements, etc., of manufacture, etc., of, punish- ment, 342134 f. Affidavits by purchasers, 3421%d. Alcoholic liquors defined, 3421%a. Being drunk in or on streets, punishment, 342.1%g. Civil actions for damages for sale, etc., 3421%m. - Criminal procedure, 342134 p. Definitions, 3421%r. - Delivery by carriers, 3421%dd. Drinking in or on streets, etc., pun- ishment, 34.21%g. - Enforcement of act, failure, punish- ment, 34.21% o. Excise board abolished, .342.1%.s. Illegal manufacture, etc., no proper- ty rights in, 3421%l. - Importation, etc., by Government de- partments, etc., 342.1%.co. etc., Informations for violations of act, 342.1% p. Injunction against violations of act, 342.1%i. J Internal revenue tax receipts as evi- dence, 34.21%ff. Intoxication by locomotive engineers, etc., punishment, 34.21%. n. Reeping or giving away to evade act, punishment, 3421% ee. Licenses for manufacture, Of permitted liquors, 3421%.co. Liquors, etc., permitted to be manu- factured, etc., 342.1%.a.a. Maintenance of places for receiving or keeping for gift, etc., incrim- inating testimony, 342.1%.e. Punishment, 34.21%.e. Manufacture, importation, sale, etc., in prohibited, punishment, 3421%a. Partial invalidity of act, 3421%q. Payment of special taxes prima facie evidence of keeping, etc., 34.21%gg. Public nuisances, abatement, 342.1%h, 342114 him. . Injunction against, 3421%hh. Maintenance by tenant, 3421%j. Permitting maintenance, punish- ment, 3421%k. , Punishment, 3421%h. - What places are, 3421%h. . Records of sales by pharmacists, 342.1%bb. - Sales, etc., by licensed manufactur- ers, records of, 342134 d. - Sales, etc., by pharmacists, 3421%bb. Sale within mile of Soldiers’ Home prohibited, 9233. - Searches and seizures, .342.1%ff, 34.21%l, Shipments by carriers, records of, 342.1%d. Time of taking effect of act, 342134s. Transportation into district, affidavits attached to shipments, 342134b. Records of, 3421%b. Wine for sacramental purposes, per- mits, 34.21%.c. Jails, insane persons not to be confined lD, & Transportation of prisoners, 10547. Warden of, to be paid only reasona- ble cost of support of prisoners, 10546. Judges of courts in, salaries not to be paid by marshal, 1312a. Jurisdiction of offenses grounds, 3400. Justices of the peace to report deaf and * persons to Columbia Institution, etc., upon capitol Office DISTRICT OF COLUMBIA (Cont'd) Laws of extended to Capitol Square, 3392. Lease of buildings for military purpos- eS, 6932a, Appendix p. 1784. - Leaves of absence to officers and em- ployés when ordered to duty as members of Officers’ reserve Corps, 1881cc. - Restoration to position, 1881ccc. Legations or residences of representatives of foreign government, ownership of lands, 3501. Legislative power, Congress to (Const. art. 1, § 8, cl. 17). Mail lettings for, advertisements of, 7183. Marshals, posting of names of persons in service of foreign public ministers, 7613, 7614. - Régister of names of persons in serv- ice of foreign public ministers, 7613. To serve until appointment and quali- fication of successor, 1319. Metropolitan police, duties in respect to insane persons, 9334, 9335. - Watchman of Agricultural Department to have powers of, 834. Midshipman, two appointed to naval acad- emy, 2726a. - Militia, adjutant-general, detail of retired army officer, 2076. Commanding general, accounting for property of United States, 3061a. Appointment of disbursing officer, have Approval of sentences of dismissal, 304.9f. Courts martial may be convened by, 3049b. - Naval militia, accounting for prop- - # of United States, 3078a. (14). - Appointment of disbursing offi- cers, 3078a (16). Call into service of United States through, 3078a (32). Detail of Officers or enlisted men, 3078a (23). Excusing units from military exercise, 3078a (20). Loan of vessels, stores, etc., to, 3078a (13). Request for detail of instruc- tors, 3078a.(22). Request for participation Cruises, maneuvers, etc., regular navy, 3078a (21). Requisition for allotment of ap- propriation, 3078a (28). Selection of Officers or enlisted men for attendance at mili- tary schools, 3078a (27). Summary courts martial for Inaval militia, may be con- vened by, 3078a (41). Recommendations of Officers for military schools, 3068. Requisition of field artillery mate- rial, 3062. Misbranded insecticides not to be manu- factured in, 8765 National Guard, members interested in claims against the United States, 10279. National park service, restriction on ex- penditures for salaries, 787d. - National Trade Unions, headquarters, 8912. National Training School for Boys, com- mitment to, 9402. Proceeds from divided between United States and, 9401. - Reports, 9400. National Training School for Girls, com- mitment to, 9420. National Zoological Park, 10588–10591. of Capital Issues Committee, 31.15%ll. . - Office of chief inspector of locomotive boilers, 8632, Appendix p. 1794. Office , , of War Finance Corporation, 31.15%;cc. . - Officers, compensation not exempted from income tax, 6336v. - Exemption from selective draft, 2044d. Salaries not to be paid by marshal, 1312a. Offices attached to seat of government to be exercised in, 3307. - Opium, purchase by officers of without registration or payment of tax, 6287g. Registration and tax, act applicable to, in of “Person” includes, 31.15%bb. Piney Branch Park Way, part of park system, 3360a, Appendix p. 1775. GENERAL INDEX DISTRICT OF COLUMBLA (Cont'd) Policemen, arrests for depredations on capitol grounds, 3401. Postmaster at Washington, salary, 7220, Potomac River, deposit of refuse in pro- hibited, 99.42-9945. Prisoners, cost of care, etc., how paid, 105.20a. - Publication of proclamations and treaties in One newspaper in, 7184. Public buildings, grounds and Works, see Public Buildings and Grounds. Public library, books in government printing office library to be turned over to, 7005. Miscellaneous books transferred to by executive departments, 281. Public works, hours of labor, 8918–8922. Purchase of fuel for public service with- Out inspection, etc., unlawful, 6838. Purchase of fuel in, payment for without Certificate of inspection unlawful, 6840. Purchases or services for, advertisement unnecessary When amount does not ex- Ceed certain sum, 6836. Quarantine regulations at times of epi- demic, 9176. . Railroads, regulations for safety of em- ployés and travelers applicable, 8613. Safety appliances, 8625, 8630. Rºuſſion of building, 6933c, Rock Creek Park, part of park system, 3360a, Appendix p. 1775. Schools, free tuition for children of offi- CerS and men of army and navy sta- tioned outside District, 3369c. Special free instruction to soldiers and sailors, 3369d. School teachers, double salaries, prohibi- tion against not applicable to, 3230b. Seat of government, 3306. “; " includes, 9188% (h), Appendix p. Statement in estimates of buildings rent- ed within district, 6683, 6723a. Subsistence allowance to employés, limi- tation, 3236a. Superintendents of public schools approv- al of admission of deaf mutes to Colum- bia. Institution, 9351. Supreme Court, see Supreme Court of Dis- trict of Columbia. Taxation of Philippine bonds by prohibit- Appendix ed, 3907. r Tidal bathing beach, 3361c. - Typewriters, restriction on price for schools, 6836a. Vehicles, department of agriculture, 814b. Warehouse Act, not to limit existing Fed- eral statutes, 87.47%. nn. Washington High School, ordnance stores for, 3094. - DISTRICT OF COLUMBIA. CODE See District of Columbia. Text of act, 1227, 1228. DISTRICTS See Collection Districts ; Judicial Dis- tricts, Land Districts and Offices ; Lighthouse Service. Federal reserve districts, see Federal Pºeserve Boºks. In which suit to be brought, see Venue or District of Suit. Boiler inspection districts, 8633, Appendix p. 1794. Bonds, powers of federal reserve banks, 97.97(2b). Coast Guard districts, establishment, change, etc., 8459%a (10). Congressional, 17. “District” defined Act, 9785. Surveying districts, 4435, 4437, 4438. Taxes, discharge in bankruptcy, 9601. DISTRICT SUPERHNTENDENTS - Bºaving stations, see Superintend- 63%, i.S. Coast Guard, 8459%a (2). vºney, promotion of keeper, 8.459%a in Federal Reserve DITCHES AND DRAINS - Condemnation proceedings by United States in behalf of state, 9881c. Co-operation by Secretary of Interior with irrigation districts, etc., for construc- tion or use, 4739. Desert rands, reservoirs, 4696. Minera’ regulations, Alaska, 5050. Mºs regulation by local Legislature, IPage 2095] [References are to sections, except where otherwise DITCHES AND DRAINS (Cont'd) Patents under timber and stone lands act • Subject to rights, 4671. Public lands in Minnesota, appeal, 4976. Apportionment of cost, 4971. - Disposal of excess of purchase money over drainage charges, 4974, 4975. Notices, delivered to registers and re- ceivers, etc., 4976. Rights of United States and of entry- men to hearing, 4976. . . Sale, 4972. Certification to registers and re- ceivers, 4973. Forfeiture of rights of purchasers for nonpayment, subrogation of persons making payment, 4975. Patents to purchasers of unentered lands, 4974. , & - Patents to purchasers of unpat- ented lands, 4975. ' Qualifications of purchasers, 4974. Redemption, 4976. Subject to state laws, 4970. United States not liable, 4971. Rights of way, application of act to ex- | isting and future canals, etc., 4936. Damages to settlers, 4935. Forfeiture, 4936. . Irrigation, mining, water supply, etc., 4934, 4946. Map, filing, approval, 4935. Over forest reserves, 4947. Over public lands, for agricultural, mining, and manufacturing purposes, 4647, 4934. r - . Reservation in patents, 4933. Through reservoir sites for irrigation purposes, 4699. Transfers for, by homestead settlers, Use for canal or ditch only, 4937. Use for water transportation toward domestic purposes or development of power, 4938. Waterways Commission, 1003%a. PIVERSION Waters of Niagara river, 9.989a–9989 i. 9989.j, Appendix p. 1799. |DIVIDENDS Bankruptcy, 9649. Declaration by referees, 9623. Payment by trustees, 9631. Unclaimed, 9650. declaration and payment, Corporations, what constitutes for pur- pose of income tax, 6336j. Federal controlled transportation tems, payment of, 31.15%.e. . Federal reserve bank, 9791. - Income tax on individuals, 6336a.[b], 6336b [a]. - National banks, 9746, 9760, 9766, 9777. Creditors upon receivership, 9823. Union Pacific Railroad, 10055. DIVINE SERVICE Navy, 2963, 2964. Irreverent behavior, 2964. DIVISION OF BOOKKEEPING AND WARRANTS Balanº of accounts certified to, 420-422, sys- Conclusiveness, 425. DIVISION OF COTTON AND TOBACCO STATASTICS See Cotton ; Tobacco. Census bureau, 913a. - Special agents, compensation, 913b. DIVISION OF EASTERN AFFAIRS Appropriations for, 293. Chief of, 297. DIVISION OF EUROPEAN AFFAIRs Chief of, 297. DIVISION OF INFORMATION Bureau of Immigration and Naturaliza- tion, estimates for, 6.730. Establishment and duties, 960. HDIVISION OF LATIN AMERICAN AF- IFAHRS Chief of, 297. DIVISION OF NATURALIZATION Transfer to Labor Department, 934, 935. BIVISIONS - - Judicial districts, see Judicial Districts. Army, 1758a, 2026c. Cotton and tobacco statistics, 913a. Department of agriculture, reports of rent of buildings, 837 a. indicated.] DIVISIONS (Cont'd) - - Navy, commanding officer may order gen- eral courts-martial, 3006a. Signal Corps, 1867i. . . . . . . Staff of army, division commander, Vol- unteer Army, 2026e. DIVISION SUPERINTENDENTS See Rºwral Free Delivery Service. DIVORCE Allotments by persons in military or naval service, 5140. * y Family allowances to persons in military or naval services, 514p. - Hawaii, restriction upon, 3697. Polygamy, 10486. Territories, residence of applicant, 3488. DOCKERY ACT See Alcoo wºnts. Accounting, 356, 388, 390, 402-404, 406, 408, 412, 413, 417, 420, 425, 427, 428, 433, 435- 438, 443, 481, 486, 547, 703, 1499, 5380, 6616, 6624, 6632, 6894. . . DOCKET Circuit court of appeals, precedence, of cases arising under Clayton Act, 8835.j. Fees, attorneys, solicitors and proctors, 1878 - # O. Judgments, 1606. Transferred from courts, 1266. circuit to district DOCKS See Piers. Acquisition by United States of docks of certain corporations, 31155.j. Connections, establishment between rail and water carriers, 8569. Terms and conditions for use to be determined by Interstate Commerce Commission, 8569. . Enemy aliens not to approach. Within One hundred yards of, 7615. Panama, Canal, 10042. . Port Arthur, charges for use of, 5339. DOCK-YARDS Acquisition of sites, etc. (Const. art. 1, § 8, cl. 17). • Congress, purchase and power over sites for (Const. art. 1, § 8, cl. 17). Obtaining information concerning, 102.12a. States’ assent to purchase of lands for, 3424; (Const. art. 1, § 8, cl. 17). H3 OCTORS - See Physicia??.S. DOCUMENTS - - See Evidence ; Public Documents; Sw- perintendents : . Witnesses. Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. DOMIESTIC - - Materials and labor, preference of, 6859. DOMIESTIC ALCOHOL See Distilled Spirits and Wines. DOMIESTIC ANIMALS See Animals and Animal Industry. DOMIESTAC COMMERCE See Coasting–Trade ; Common Carrº- ers ; Enrollment of Vessels; Inter- state Com/merce Com/mission Li- censed Vessels ; Masters of Vessels : Steam-Vessels ; Tranſportation : Ves- sels. Bureau of domestic and foreign Com- merce, annual report, 879, 882. Ascertaining cost production, etc., 874. Assistant chief, 876. Bureaus of manufactures and statis- tics consolidated into, 873. Chief, 875, 877. Collectors of customs to furnish sta- tistics to, 880, 881. Purpose and duties, 878. . Reports, exports and imports in ware- houses, 884, 885, 887. Foreign and interstate commerce, Construction and Operation. Of railroads, etc., 883. Manufactures, 888. Merchandise in transit, 887. Vessels registered and enrolled, Registry and recording, 7707-7788. Regulations of vessels in, 8057–8146. Reports of, by Bureau of Statistics sub- mitted to Congress, 868. r Summary trials for certain offensos against navigation laws, 8046-8051. Transportation of passengers and mer- chandise, 7997–8035. GENERAL INDEX IIPage 2.096] [References are to sections, except where otherwise indicated.] p0MESTIC SERVANTS \Oontract labor laws not applicable to, 4289%b. Foreign public ministers, process against, penalty for suing out, 7612 Process against void, 7611. Register of names of, 7613. When allowed, 7613. DOMIESTIC VIOLENCE See I?". Sv/rrectºo?". Suppression by use of land and naval forces, 101.41. DOMICILE See Residence. DOMINICAN REPUBLIC Detail of officers and men of Navy and Marine Corps to, 28130c. DONATION ACTS Public lands, 4435, 4439, 4441, 4482, 4821. DONATIONS See Gifts. Glacier National Park, buildings, in, 5248mm. Secretary of interior authorized to ac- Cept, 5248m. . Kyle and Young Canal, Florida, ance, 9845c. Land, aviation field sites, acceptance, 1867d. Aviation schools, etc., 1867dd. Aviation Station, 1867 n. Crater Lake National Park, 52301. Forest reserve in North Carolina, etc., accept- 5249 v. Fortifications and coast defenses, 6911, 6911a. Hºuarters for mine rescue cars, 7C. Marine biological station in Florida, acceptance, 9384a. Marine hospitals, acceptance, 9189. Mesa Verde National Park, 5242a. Mobilization, etc., station sites, ceptance, 1990a. Mt. Rainier National Park, 52271. River and harbor improvements, 9878. Roads, etc., 5289. Rocky Mountain 5249qd. National Home for Disabled Volunteer Soldiers, acceptance, 9256. Postal notes, 7579. Public lands, fees of registers and receiv- ers, 4473. For Soldiers’ Home, acceptance, 9221. DOORREEPER, W House of representatives, property, 105. Appointment of assistants to superin- tendent of folding room, 7050. Appointment of superintendent of doc- ument room, 7037. Appointment of superintendent of folding room, 7050. Certificates to, pay rolls of employés, 68–70. Disposition of documents previously stored at Capitol, 7042. Documents allotted to, Congressional Record, 7090. Duties, 106. Invoice of public documents Stored at Capitol, 7042. Removal, non-certification of pay rolls of employés, 69. Report of sale of waste-paper and condemned furniture, 116. Salary, 59. Sale of condemned furniture, 116. Sale of Waste-paper, 116. Roll of representatives elect, 32. Senate, compensation, 60. Duties, 106. Salary, 58. DOUBLE COSTS On affirmance in Supreme Court, 1671. DOUBLERS - See Distilled Spirits and Wines, DOlúBILE SALARIES See Ea; tra Coºpe?" Sation. Prohibited, 3230, 3230a. 30C, Appendix p. 1774. Allowance for extra service, 3233. DTRAIFT See Selective Draft. Fººture of citizenship for avoiding, 3 Members of naval militia into service of United States, 3078b (2). 3.C.- National Park, accounts of DRAFT (Cont'd) National guard and national guard re- Serves into service of United States, 2044a. Proclamation of President, 2044a. Volunteer enlistments or draft of necessary men, 2044b. Philippine militia, etc., 3048a. Signal corps, 1867h. DRAFTS See Checks ; Public Money. Accompanying bid for supplies for Indian Service, 4042. - Collection by federal charges, 9796 (1). Countersigning of drafts for Post Office Department, 445. Deposit in Federal reserve banks for col- lection, 9799(12). ' Discounts by Federal reserve banks, 9796 reserve banks, Imported or exported goods, acceptance by Federal reserve banks, 9796(5). Included in phrase “obligation or other security of the United States,” 10317. Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. National banks, acceptance, etc., 9764. Outstanding for three years, 480–482. Post Office Department, designation of of.- ficer or employé to sign, 598, 599. Premiums on, to be accounted for, 6656. Prompt presentation of draft for public money required, 6644. Public building sites, payable to grantor, 7 - Public moneys, 6582, 6643. DRAFTSMEN Bureau of yards and docks, salary, 614. Coast and Geodetic Survey, Salaries, 8561a. - Cº.; guard, 8459%a (15), Appendix p. 793. Executive Department, employment only as specifically appropriated for, 249, 250. Interior department, 669. Navy department, payment, 6.15a. Payment of additional draftsman out of appropriations for new ships un- lawful, 615. Post Office Department, topographer’s Of- fice, pay rolls of, 600. DRAIN AGE See Ditches and Drains. DRAMATIC COMPOSITIONS See Copyrights. DRAPING Public buildings not to be draped in mourning, 6939. DRAWIBACIK Customs, additional duties for underval- uation not subject to benefit of, 5527. Appropriation for payment of, how ex- pended, 5751. Permanent appropriations, 6799(20). Articles imported in bulk, 5731. Articles made from imported mate- rials, 5724. Articles shipped to Philippines, 5674, 5675. Change of package, 5733, 5734. Debentures, certificates receivable in payment of duties, 5751. On certificate of exportation from another port, 5744. Issuance and payment, 5741. Jurisdiction of district court of suit by assignee of, 991 (10). Discharge of bond, 5747. Discriminating duties not subject to, o 5730. Distilled spirits, change of packages, 5732. Duties to be received before payment of, 5745. Exportation, allowance on, 5720. Bonds, - Fee for permit to load goods for, 8137. Inspection and lading, 5738. Limitation of time for, 5722. Merchandise transported to anoth- er district for, 5739. From warehouse, 5663. Exported articles, duties equal to drawback paid on reimportation, 5291ſ104). False entry of merchandise for, acci- dent or mistake, 5754. Forfeiture, 5753. Gaugeable and weighable merchan- dise, 57.27, 5728. DRAWBACK (Cont'd) Customs (Cont'd) Imports eXported to British North America entitled to, 5757, 5758. Imports from British North America ºred, etc., may be transported, Inspection, for ad valorem duty, 5737. Invoice deposited with Collector, 5735. Lading of vessels Superintended by Surveyors, 5365. Merchandise, 5736. Merchandise entered for and relanded, Seizure, forfeiture, and penalty, 5752. Merchandise entered for on incomplete entry, extension of, 5740. Merchandise withdrawn from ware- house IrQt entitled to, 5664. Rºad iron to be remanufactured, Rºyal from custody as bar to, Salt for curing fish, 57.26 Secretary of Treasury to prescribe rules, 5759. Sugar, change of packages, 5732. Internal revenue, articles shipped to Phil- ippines, 6338. Collector to be designated to have Charge of, 5880. Distilled Spirits, alcohol contained in medicines, extracts, etc., 5724. Entered for export, 6.124. Exportation of grape brandy, 6044. Exported stills, 5971(2). Spirits bottled in bond, 6072. Withdrawn from bonded ware- house for exportation, fraudulent attempt to collect an offense, 6125. Fermented liquors, withdrawal from bond without payment of tax for ex- portation, 6152. Fraudulent claim for, 6337. Papers in bureau of to be delivered to Collector having charge of, 5880. Superintendent of exportation and drawback, appointment, compen- sation, 5880. May administer oath, 5881. Tobacco, etc., on stamp paid tobacco on exportation, 6195, DRAWBARS Equipment of cars merce, 8609–8613. Use of chains instead of, 8621, 8622. DRAW BRIDGES See Bridges. DRAWINGS See Patents. Public documents, exclusion when unnec- essary, 7173. DRAYS Pºsses of for army transportation, Restrictions on allowance, 5721. in Interstate Com- DREDGING Rivers and harbors, see Rivers and IH Cºrbors. Foreign vessels in United States, 8099. HDRINK “Food”, includes, 8722. sºnsion of importation of adulterated, DRIVEWAYS Stock raising homestead entries, reserva- tion of lands for, 4587.j. DROP-LETTERS Cººn letters paid as, to be forwarded, DRUGGISTS See Apothecaries ; Pharmacists. Regulation of practice of pharmacy and Sale of poisons in consular districts in China, 76.96b-7696n. Sale of liquor in District of Columbia. 342.1%bb, 342.1%.co. DRUGS See Food ; Medicines ; Opium. “Adulterated” defined, 8718. Adulterated or misbranded, certification to district attorney, 8720. Condemnation, 8726. Delivery to owner on bond, 8726. Destruction or sale, 8726. Imports, 8727. Iºtate or foreign commerce in, Judgment of court, notice by publica. tion, 8720. Jury trial, 8726. GENERAL INDEX ſ1”age 2007] IReferences are to sections, except where otherwise indicated.] DRUGS (Cont'd) Adulterated or misbranded (Cont'd) Manufacture, prohibited, 8717. Notice, 8720. Proceeds of articles condemned, dis- position, 8726. Seizure for confiscation, 8726. Adulteration, 8723. Below professed standard, 8723. Different from recognized standard, Statement on bottle, boxes, etc., 8723. Customs duties on, 5291ſ27-29). District attorneys, adulteration or mis- branded certified to, 8720. Prosecutions, by 8721. “Drug” defined, 8722. Exportation, 5723. Food and Drug Act, 8717-8728. Guarantee signed by wholesale jobber, etc., as protection to delivery, 8725. Importation of adulterated, prevented, Appeal from examiners’ return, 5625. Examination, 5622. Return of examiner, 5624. Examiners of, oath, 5355. Re-exportation or destruction for adul- teration, 5626. sº Special examiners of, at New York, 27. Imports, charges for storage, cartage, etc., 8727. Delivery to consignee on bond, 8727. Refusal of admission or adulterated or misbranded, 8727. Samples delivered by Secretary of Treasury to Secretary of Agriculture, Liability of corporations, etc., for acts of officers, etc., 8728. “Misbranded” defined, 8724. Misbranding, failure to state . On label quantity or proportion of alcohol, etc., 8724. False or misleading labels, 8724. False statement as to place or manu- facture, 8724. False statement of curative or thera- peutic effect, 8724. . Imitation or use of name of other ar- ticle, 8724. Removal and substitution of contents of package, 8724. Offenses and penalties, guarantee, 8725. . Manufacture of adulterated Or mis- branded drugs, 8717. Prosecutions of adulterated drugs, 8721. Shipment, delivery, etc., of adulterat- ed or misbranded drugs, 8718. Opium, registration and tax, 6287g-6287q. “Person” defined, 8728. Pure Food and Drugs Act, report of Sec- retary of Agriculture as to compensa- tion or expenses of officers under, 839. Regulation of sale of poisons in consular districts in China, 7696b-7696n. Regulations for carrying out provisions of act, 8719. Samples of imported for examination, 8727. Specimens, collection and examination, 8719. Making examination, 8720. “Territory” defined, 8728. DRUGS ACT See Drugs. Text of act, 8717-8728. IDRUM! MAJORS Army, pay, 2147. Cavalry, 1718. Infantry, 1738a. Marine Corps, 2908. Pay, 2933. DRUMMERS Marine Corps, 2908, 2910, 2911-2913, 2918, 2918C, HDRUNKENNESS Army on duty, 2308a, art. 85. Exclusion from Soldiers’ Home for, 9226. Master of vessel, penalty, 8383. Navy, punishment, 2969(1). Retirement of navy officers for, 2626. Seamen on merchant vessels, penalty, 8383 DRY DOCKS See Docks. Condemnation of timber, sawmills, 6911aa, Appendix p. 1784. Boston, Massachusetts, 2804bb. Sale, etc., in violation of shipping act, 8146r (1), Appendix p. 1789. COMP.S.T.’18—132 etc., DUIET.S Army, 2308a, art. 91. Navy, punishment, 2969(5). DUE L*ROCESS OF LAW See Constitution of United States. Fifth amendment (Const. a.m. 5). Fºnth amendment (Const. am. 14, Philippines, 3810. Porto Rico, 3803a.a. DUMPING GOODS See Federal Trade Convºmission, and Unfair Competition. DUPLICATE Bills of lading, liability of carrier on, 8604.h. Bonds of United States, issue, 6817-6820. Checks, 6645, 6646. Land-warrants, 4853, 4854. Lost checks of disbursing officers, in fa- VOr of postmasters, 7578. Medal which has been lost, 3267. Money orders, 7569. Rººts for deposits of public moneys, DUPLICATING MACHINES Agricultural Department, 814. DUIRESS See Judgments and Decrees. Procuring seamen, 10250. DUTHES See Collection of Dºwties on Imports ; Customs Dwties ; Ton?vage and Tom- 7tage Dºwties. DWELLING HOUSE Distilling in, and on premises connected with, forbidden, 6004. sº by customs officers, warrant, 5768, DYES Meats, 8681(4, 19). DYE STUFFS Repeal of paragraphs 20–23 of Tariff Act of 1913, reclassification, 5291a. Special duty on, 5291b. DYNAMIITE Passengers vessels prohibited from car- rying, 8005, 8016. Transportation, 10402–10406. E A R T H, EARTHENWARE, GLASSWARE Customs duties on, 5291ſ/1-101). EASEMENTS * See Rights of Way. Lands acquired for protection of water sheds, 5182. Leased potassium lands, 4640gg. Mining claims, 4646. Riº of Way, etc., in public lands, 4918- EAST RIVER, Anchorage regulations, 9947. Penalty for violation, 9948. EDMUNDS ACT See Polygamy. Polygamy, 1265, 3450, 10486-10488. EDMUNDS-TUCKER, ACT See Polygamy. Polygamy, 1466, 1493, 10489-10492. EDUCATION See Connºmissioner of Education ; Deaf gºld Dºmb; Indians ; Indian Schools; Yocational Education ; Vocational Rehabilitation of Soldiers and Sailors. Army, additional to military training, 1988a. Blind, permanent fund for, 9386–9390. Bureau of, facilities for research acces- Sible to students, etc., 9382, 9383. In Interior Department, 765-769. Teachers in Alaska, permitted to as- Sign pay, 3608. Reimbursed for expenses, 3608. Vocational education, 9390%&c. Colored deaf mutes of District of Colum- bia in Maryland school, 9352. Commissioner of, 765-769. Porto Rico, 3803ff. Deaf and dumb, 9340-9361. Effect of alcoholic drinks and narcotics taught in, 9379-9381. Feeble-minded of District of Columbia, 93.48–9350. Geological Survey furnishing of copies of photographs or lantern slides in the interest of, 782. A N ID EDUCATION (Cont'd) Indians, 4161-4180. Funds for, report of expenditures from, 685. Indigent blind persons of District of Co- lumbia, 9360, 9361. Nautical education, 2762-2767. Office of, 765-769. Establishment, 765. Management, 766. Publication of bulletin, 767. Purpose and duty, 765. Rooms to be furnished by Chief of Engineers, 769. Translators, salaries, 669. Reports of Commissioner, 768. Supervision of business relating to, by Secretary of Interior, 681. Traveling and subsistence expenses of teachers instructing children of light- house keepers, 8435c, Appendix p. 1792. Vocational, 9390%a-939044 mm. Vocational rehabilitation of soldiers and sailors, 3078%a-3078%i, Appendix p. 1769. EDUCATIONAL ASSOCIATIONS Income tax, exemptions, 6336k[a]. Internal revenue tax on admissions, etc., exemption, 6309%a. Postage on second class mail matter of, 7358b. EDUCATIONAT, INSTITUTIONS See Howard University. Coast and geodetic surveys, tribution to, 7146a. Commutations for uniforms supplied by, 1881kk. * Distribution of duplicate specimens of National Museum, 10578. Excavations in Mesa Verde National Park for benefit of, 52.40. Military instruction Camps, supplies to, 1963d. Military stores and supplies, from government, 2295a. Permits for excavation of archaelogical sites, etc., 5280. Publications of as second class mail mat- ter, 7.309. Reserve Officers’ Training Corps, eligibil- ity for, 18816, 1881e, 1881f. 1881f, 18810, Appendix p. 1749. Sales of samples by department of agri- culture, 832a. EFFECTS Citizens dying abroad, duty of consular officers, 3.162-3164. . Deceased officers and soldiers in army, 2308a, art. 112. I)eceased seamen, 8327-8334. Naval officers and men of lost vessels, compensation, 2867–2869. - EFFICIENCY Bureau of, 3286c-3286k. Duties, 3286d. Establishment, 3286c. Information furnished to, by depart- ments, 3286i. Investigations, classification of em- ployés of departments, 3286j. Duplication of service in depart- ments, 3286k. Method of examining and auditing claims, 3286e. Methods of transacting public business in Civil Service Com- mission, 3286g. Rates of pay of employés of States, etc., 3286th. Work of Subtreasuries, 3286ſ. EFFICIENCY BOARD National guard, 30440. EGGS Birds on bird-breeding grounds, punish- ment for taking, 10252. Game birds, importation for propagation, 822. Migratory game and insectivorous birds, forfeiture, 8837e, Appendix p. 1795. Scientific or propagating purposes, 8837h, Appendix p. 1795. State or territorial laws for protec- tion, 8837g, Appendix p. 1795. Taking, transportation, etc., 8837c, 8837d, Appendix p. 1795. EGRET PLUMES Importation forbidden, 52910347). EGYPT * Agent and consul-general at Cairo, Sal- alry, 3119. Title, 3.120. charts, dis- issuance of purchase GENERAL INDEx EGYPT (Cont'd) - - º - Consular courts of United States, in, ju- risdiction, 7670. - Judicial authority of ministers and con- suls of United States in, 7633-7665. EIGHT-HOUR LAW Adamson Act, 8680a. Alaska, coal land leases, 5078m. Clerks and carriers in first and second class post-Offices, 7238. Government printiug office, 7012. Irrigation works, 4703. Nº. Work in government printing office, 7011. - - Fº contracts to provide for, etc., 8921, Public works, 8918–8922. - Railroad employés, wages to be computed on bāsis of, 8680a. ELECTION OF REMEDIES Deprivation of equal rights in veyances, theaters, etc., ELECTIONS See Hawaii; ; Porto Rico. Contested, see House of Representa- tives. - Delegates in Congress, see Delegates in Congress. President, see President. Representatives, see House of Repre- Se7ttatives. |Senators, see Sé%ate. TVice-president, see Vice President. Army or Navy officers, interference with g election officers, 10189. Intimidating voters, 10187. Not to interfere with, 3965. Prescribing qualifications of voters, 10188. Attempting to vote, etc., on false certifi- cate, 10246. g Ballots, representatives in Congress, 24. Conspiracy, preventing officer from per- forming duty, 3933 (3). Contested elections, members of house of representatives, 161-187. Contributions by national banks, etc., pro- hibited, 10251. Corrupt practices, influencing elections of members of Congress, 188–198. Crimes against, how prosecuted, 3935–3938, 3940–3943. Denying right to vote, reducing represen- tation in Congress (Const. am. 14, § 2). Districts, congressional, 17. Electors for President and Vice President (Const. am. 12), p. lvii; (Const. am. 17). Nominations, additional representatives at large, 19. President, 199-218; (Const. art. 2, § 1, cl. 2, 3); (Const. am. 12). Punishment for offenses, 10190. Representatives in Congress, see House of Representatives. Suffrage by officers, inns, con- etc., not impaired, Uniawful presence of troops at polls, 10186. Voting machines, 24. ELECTIVE FRANCHISE See Elections. - General provisions as to, 3965, 3966. All citizens entitled to vote at, and State laws not to impair right, 3966. , Offenses against how prosecuted, 3935–3938, 3940–3943. ELECTORAL COLLEGE See President ; Vice-President. Llection of President and Vice-President, 199-218; (Const. art. 2, § 1, cl. 2); (Const. am. 12). ELECTORAL COUNT ACT See President. Text of act, 203-205, 215-218. ELECTRIC BOATS See Motor Boots. JELECTRHC COMPANIES Diversion of waters of Niagara river, 99.89a–9989i, 9989.j, Appendix p. 1799. EHLECTRICHANS Army pay, 2146. Artillery corps, 1726. Coast artillery, 1732. Case mate electricians, 1731a. Corps, 1731, 1731a. - Field artillery, 1737, 2144. - Library of congress, employment by su- perintendent of library building and grounds, 134. Quartermaster Corps, 1780. * IPage 2098.I ELECTRICLAN-SERGEANTS Army, pay, 2144, 2150. - Coast artillery corps, 1731, 1731a, 1732. ELECTRICITY . -- Condemnation of property for generat- ing electric energy, authority to tºlemn, 3115*/1aa, Appendix p. 73. - Immediate possession on filing bond, 3115*/12c, Appendix p. 1773. Limitation on operative effect of pro- visions, 3115*/12d, Appendix p. 1773. Plans, submission, 3115*/12b, Appen- dix p. 1773. Procedure, 311511/12a, 773. Appendix P. Electric light plants in public buildings, payment for from construction fund, 6921 - . From light and power plant in Yellow- stone Park, use by private parties, 5206. Patents relating to, indexing of, etc., 7093. Payment for electric light plants in pub- #1 buildings from construction fund, 921. - . - Payment for wiring, etc., of public build- ings from construction fund, 6920, 6920a. Rights of way, electrical plants, 4946. Poles and lines, 4948. - Units of electrical measure, 8906. TELECTRIC LIGHT AND POWER SERVICE Contracts for, 6833. EILECTRIC POWER COMPANIES Rights of way, 4944, 4946. For electrical poles and lines, 4948. ELECTRIC RAILROADS Contracts for carrying, mail, rates, 7431a. 7431a, 7431aa, Appendix p. 1787. Rigº of way, Glacier National Park, ELECTROTYPERS Coast and Geodetic Survey, salaries, 8561a. $ ELEEMOSYNARY INSTITUTIONS Free transportation for inmates, 8563. ELEVATIONS Surveys of, 777. - YELEVATOR CONDUCTORS Library of congress, employment by su- perintendent of library building and grounds, 134. ELEWATORS Enemy aliens not to approach within one hundred yards of, 7615. JELK Wyoming Elk Refuge, 5277. Reserve, 5276. ELKINS ACT See Coſmºnon Carriers. Interstate Commerce, 8597-8599. EMIBARGO Exports in time of war, etc., 7677-7678k. Effect of partial invalidity of act, 105.14d. - Jurisdiction of offenses, 10514b. Proclamation by President, 7678a. Prosecutions under prior repealed laws, etc., 105.14c. Punishment for exportation, etc., 7678b. - Refusal of clearance to vessels, 7678c. Seizure, authority to make, 7678b, d Custody of property, 7678e. Enforcement of provisions relat- ing to, 7678k. Forfeiture to United States, 7678b, 7678d Liber, 7678g. Procedure, 7678h. Operation of provisions relating to, 7678i. Release on payment of costs, etc., 7678j. Restoration to owner, bond, 7678h. PHearing, 7678f. Petition for, 7678f. Procedure, 7678h. Sale, 7678g. Warrant, application for, 7678e. - Issue, 7678e. Silver coin or silver bullion, 7678cc. Taking, etc., vessels out of port, etc., punishment, 7678c. - Dnited States defined, 10514a. Shipments to United States to have pref- erence regardless of, 8569. - War material to American countries, 7677, 7678. - Extradition, fugitives [References are to sections, except where otherwise indicated.] EMBEZZLEMENT "See Indictment ; tations. Arms, stores, etc., 10200. Banker, etc., receiving unauthorized de- posit of public money, 10264. Cargo. by Seaman, 8380. Clerks of court, funds received in natu- ralization proceedings, 4376. Common carrier’s Officers, moneys, prop- erty, etc., used in Interstate Commerce, 8602a. Consular officer as guardian, 3166. Failing to account for fees, 3192. Court officers failing to deposit money, etc., 10267. - Custodian failing to keep public moneys, 10257. Debts created by, not barred by discharge in bankruptcy, 9601. Depositary, failure to safely keep public moneys, 10256. - Disbursing officer unlawfully using public money, 10255. - Evidence, conversion, 10263. Prima, facie evidence, 10262. Record evidence, 10261. Transcripts of books, etc., of Treas- ury, 1500. Instructions; Limi- administrator Or from foreign coun- try, 10110 - Failure of officer to render accounts, 10258. Failure to deposit public moneys, 10259. Federal controlled transportation tems, 31.15%k. Federal Farm loan funds, 9835v (4). Guardian, etc., of pensioner, 91.11. Internal revenue officer, 10265. Mail locks or keys, 10361. Mail matter, 10364. - By postmaster or employé, 10365. Materials for printing securities, 10325. Merchant seamen, 8380. Metal by officers of mint, 10336. Military service, persons in, 2308a, arts. 93, 94(9). National bank funds by officers, 9772. Naturalization funds, 4376. Naval service, persons in, 2975 (8). Newspapers by postmaster, etc., 10366. Officers in insurrectionary states, 10148. Persons affected by provisions relating to public moneys, 10260. - Postal funds, 10395. Post-office property, 10360. Public moneys, etc., 10214. Receipting for larger sums than are paid, 254 - sys- Receiving Ioan, etc., from court officer, 10268. Stores, arms, etc., 10200. Tools for printing securities, 10325. Trustee in bankruptcy, 96.13. War Finance Corporation, 31.15%j. EMIBILI:EMS American National Red Cross, 7698. EMERGENCY - Employment of persons in the Indian service on account of, not to be count- ed in the limitation of expenditure for compensation, 4032. Hours of labor under public contracts in time of, 8922. EMIGRATION See I’m/migration. Indians, discontinuance of Indian agents, interpreters, mechanics, etc., 4017 EMIN ENT DOMAIN See Condemºvation. Cape Cod Canal, acquirement by United States, 9881b. - Chesapeake and Delaware Canal, acquire- ment by United States, 9881a. Compensation, necessity (Const. am. 5). District of Columbia, attorney in charge of, 525a. - - Land in, procedure, 6914. Housing for war-industry 31.15%a. Compensation, 31.15%b. Ship yard employés, 8146t. Indian lands, allotted in severalty right of way, etc., 4209. Under laws of state, 4240. Lands for naval purposes at Cape May, 2804bbb, Appendix p. 1764. Naval purposes, at Cape May, 2804bbb. Philippine government, exercise of right, For public utilities, 3884. employés, for GENERAI, INDEX IPage 20991. [References are to sections, except where otherwise indicated.] EMINENT DOMAIN (Cont'd) In Porto Rico, 3803aa.. . Property for generating electric energy, 31.1511/12a-3115*/12d, Appendix p. 1773. Railroad, right of way; 4923. Through Indian land, 4183. Deposit of amount to award, peti- tion to court for review, 4183. Procedure, 4183. Reclamation of arid lands, 4706. Rights of way in Alaska, 5085. River and harbor improvements, 9878. Exercise by United States on behalf of state, 9881c. - Land to be paid for by individuals, 9881. - - St. Mary’s Falls Ship Canal, land for, jurisdiction and procedure, 9880 w Sites, aviation, 1867e, 1867m. Aviation schools, etc., 1867dd. North Island, San Diego, Califor- nia, 1867ddd. Cotton factories at United States Penitentiary, at Atlanta, 10563b, Ap- pendix p. 1800. - Factory for manufacture of armor, 2779a. Fortifications and coast defenses, 6911, 6911a. Government printing office, 6913–6914. National Home for Disabled Volunteer Soldiers, 9252. - Nitrate plants, 3110b. Public buildings, 6901, 6909. Procedure as in state courts, 6910. Quarantine station, 9168. Training camps, 6911a. Taking over manufacturing plants in time of War, 31.15g. Timber, sawmills, camps, 6911aa, Appendix p. 1784. Wind Cave National Game Preserve, 5275. EMIOLUMENTS * See Pay of Army Pay of Navy. Army officer detailed under governments of Cuba and Panama, 1998. Cadets at military academy, 2234. Defined, 1398. Office holder accepting from foreign state (Const. art. 1, § 9, cl. 8). President, other than salary prohibited, (Const. art. 2, § 1, cl. 6). * EMIPLOYERS Income tax returns, 6336y. IEMPLOYERS’ LIABILITY ACTS! See Coºm,777.0%, Colºrriers. Railroads, 1010, 8657–8665. EMPLOYES See Civil Service ; Clerks ; Howsing for War Industry Employer ; Indian Affairs ; Indian Agents : Leave of Absence ; Messengers ; and other specific titles. Agricultural Department, assault on, re- sisting, etc., 10230. Enforcement of migratory bird treaty act, 8837e, Appendix p. 1795. Estimates, 838a. Giving advance information of crop reports, 10293. * Leave of absence, 807a. Transfers, salaries, 6766. Air craft board, 3115*/32e. - Allotment of pay of civilian employés under jurisdiction of war department, 21702. Appropriations for compensation, 6765. Arbitration between carriers and em- ployés, 8666–8676. & - Armories, arsenals, and navy yards, se- lective draft, 2044d. Army, Quartermaster Corps, 1780. Sales of medical supplies to, 1962. Sales of ordnance stores to civilians of Army, 3106. Aiºlase etc., not a violation of law, etc., Board of engineer officers to employ civil employés, 9863. Bureau of Corporations, transfer to Fed- eral Trade Commission, 8836c. Bureau of Engraving and Printing, leaves Of absence, 511, 512. Bureau of Mines, 783. Details for service at Washington, 783a. Bureau of Standards, 925. Bureau of War Risk Insurance, 514kkk. Civil service rules, 514ll. Capital Issues Committee, 31.15%l. - Eligibility of United States employés, 31.15%kk. EMPLOYES (Cont'd) Capital Issues Committee (Cont'd) Salaries of United States employés as members of, 31.15%kk. Capitol, building and grounds, extra pay prohibited, 3421. Census Office, examination for appoint- ment during census period, 919. Chief of engineers’ office, additional office force in emergencies, 9865. cºission on Industrial Relations, 8914, 8917. Commission to investigate issuance of stocks and bonds by railroads may em- ploy, compensation, 8602. Commission to investigate relations be- tween carriers and employes, 8680b. Compensation, apportionment, 5394. Rate, 3228a, 32.28b. Customs Service, appraiser’s office in Bos- ton, 5329 Leave of absence, 5374, 5375. Neglect or delinquency, punishment, In New York, 5332. Oaths administered by collectors of customs, 5360. In Philadelphia, 5333. Statements in estimates of class and number of 6689. Department of Commerce, assignment of salaries, 855. Transfer from other Departments, 861. Departments, investigation of classifica- tion, etc., by Bureau of Efficiency, 3286j. - Detail, auditing accounts of Military Es- tablishments at places other than seat of government, 420a (f). Employés at headquarters or divisions of armies, etc., to bureaus in War Department, prohibited, 317. 317, Appendix p. 1737. Field employés to Indian office, 670. Persons at Washington for service gºide District of Columbia, a. - 252a, Appendix p. 1743. Detectives of private agencies not to be employed, 3226. Disqualification of government employés as United States commissioners, or re- ceivers, 1334. - | Executive departments, increase in com- pensation, 251b. Expense account, verification, oath ad- ministered by whom, 3262, 3262a. Explosives, enforcement of act regulat- ing manufacture, sale etc. of, 31.15%.g. Extortion by, 10253. Federal Farm Loan Board, employment, compensation, 9835b(9), 9835bb (3). Federal reserve banks, loans, fees, etc., Federal Reserve Board, 9794(L). Federal Trade Commission, employment and compensation, 8836b. Fellow-servants, seamen in command not fellow-servant with those under them, 8387a. Fish Commission, estimates, tions census office, 6728. Forest service in Alaska, sence, 5155. General land office, prohibition against purchasing public lands, 698. Government printing office, tion, 7000a, Appendix p. 1784. Grain Standards Act, appropriation for, 87.47%k. - Holidays, printing office, 7010. To per diem employés, 3244-3246. appropria- leaves of ab- compensa.- Hours of service of carriers’ employés, 8677–8680. Adamson Act, 8680a. Housing for war-industry employés, 31.15%a–31.15%i. Shipyard employés, 8146t. Importing or mailing obscene matter, pun- ishment, 5300. . Indian service, allowance for heat and light, 4025. Informers, not to be paid for information as to export of opium, 8801e. - Injunctions not to be granted unless to prevent irreparable injury, etc., 1243d. Interest in contracts, food and conserva– tion act, 31.15%f. Indian supplies, etc., 6893. Interference, etc., with employés under food conservation act, 31.15%m. Internal revenue service, field work, des- ignation of posts, 5861a. Postal service, EMPLOYES (Cont'd) Internal revenue service (Cont'd) Field Work, per diem in lieu of sub- Sistence, 586ia. - - Interstate, Commerce Commission, 8587. Investigation of classification, etc., Bureau of Efficiency, 3286j. Leprosy hospital and laboratory, 9185. Lºghouse Establishment, estimates, Lighthouse service, administering oaths to travel accounts, etc., 3262a. Leave of absence, 8447a, 8447b. Retirement, 84.55a, Appendix p. 1792: Mail-bag repair shops, leaves of absence, 7241, 7242. - Mailing obscene matter, 5300. Mºock repair Shops, leaves of absence, Medical reserve corps, restoration to duty after service with, 32.15a. Membership dues in Societies and expens- es of attending conventions not to be paid, 3241. National guard, restoration service with, 32.15a. National Training School for Boys, ap- pointment, compensation, 9395. Naval militia, Salary and efficiency rating during service with, 3078a (26). Naval reserve force, government employés not barred from, 29.00%a (17). Navy department, 614. - Leave of absence to civilian employés, 2797a. Bay, 2816. . Oath of office, compensation for adminis- tering not to be charged, 3221. Lighthouse service, power to admin- ister, 3220a. Office Of commissioner of internal reve- nue, 364. by to duty after | Office of comptroller of currency, list or, for official register, 7127. - Opium dealers, not required to register or pay tax, 6287g. - Possession of opium not presumptively unlawful, 6287n. Transportation without not an offense, 6287.j. Ordnance Department, accrued leaves of absence of civilian employés, 3248a. Pay, 3084. - Reward for suggestions, 3090. Patent-Office, nomination and appoint- ment, 736. registration aiding obscene literature trade, 10271. Assignments to bureaus, 572a. Compensation of substitutes, 7247. Detail to Washington, 580 Duties as to postal savings deposi- tories, 7593. - Fees or perquisites, 7228. First and second class post-offices, leaves of absence, 7241. First, second and third class post-of- fices, bonds, 7232. - Interest in mail contracts, 10396. Leaves of absence, exclusive of Sun- days and holidays, 7244. Liberty loan bonds in lieu of other bonds, 7193a, Appendix p. 1785. Mail messenger service, official regis- ter, names not to appear in, 7128. Overtime in lieu of compensatory time for Sunday and holiday serv- ice, 7239á, Appendix p. 1785. Parcel post system, 7327. Postmasters as disbursing officers, 7213, 7214. - Reinstatement of employés entering military or naval service, 7244aa, Appendix p. 1786. - Special delivery messengers, 7285-7292. Topographer’s office, pay-rolls of, 600. Presents, contributions, etc., to superiors prohibited, 3264. - Printing offices and binderies, 6987. * Bureau of printing and engraving, leaves of absence, 511, 512. Detail to departments, restriction to work of public printing and binding, 7016. - Holidays, 7010. List of for official register, 7006. Wages, 6998-7001. Pay during leaves of absence, 70.18. Quartermaster’s corps, civilian employés in number, salaries, 1780a. Railroad, free transportation for, 8595. Wages to be computed on eight-hour day, 8680a–8680d. - not to receive, GENERAL INDEX [Page 2100] [References are to sections, except where otherwise indicated.] EMPLOYES (Cont'd) Reclamation Service, assignments of pay, 4745. Reports in estimates of number and Sal- aries of inefficient employees, 6679. Restraining orders not to be granted un- less to prevent irreparable injury, etc., 1243d. Restriction of emplºyment of persons for || supervision and care of public build- ings, 6925. Safety appliances for protection of, 8605– 8650, 8653, 8655, 8656. Salary, rate, 3228a, 32.28b. Seal fisheries in Alaska, additional, pointment, compensation, etc., 8865 Seapost service, official register, names not to appear in, 7128. Seditious or disloyal acts, 10212c. Selective draft of persons in service of United States, 2044d. Signal corps, 1867 n. Smithsonian Institution, annual report of salaries to Congress, 10586. Statements of number and compensation, 6680 ap- In estimates for lump sum appropria- tions, 6740. Subsistence allowances, limitation On, 3236a. Suit by, for infringement of patent by government not permitted, 9465. Trading with Enemy Act, 31.15%CC. Transfer from one department, etc., another, 251a. Transfer to Labor Department, 936. Traveling expenses, allowance, 3236, 3236a, 36b - to Unauthorized employment prohibited, 3225. United States judges, disqualified as United States commissioners or receiv- ers, 1334. - TJnited States Shipping Board, employ- ment. 8146bb. - Use by United States of patents or in- ventions of government employés, 9465, Appendix p. 1798. - Wages, payment in internal revenue and customs services withheld until oath is made, 3265. - Railroad employés, to be computed on eight hour day, 8680a. Warehouse Act, appropriation for sala- ries, etc., 87.47% oo. War Finance Corporation, 31.15%d. Eligibility of United States Employés as directors of, 31.15%b. EMPLOYES COMPENSATION ACT Adjustment of compensation in case of receipt of employé of money, etc., from third person, 8932n. Alaska, payment of compensation out of appropriations, 8932uu. American Experience Table of Mortality, present value of compensation to be determined by, 8932gg. Assignment of claim, Void, 8932m. Brothers, compensation to, 8932ee. Burial expenses, when death results from injury, 8932f. - Cancellation of awards by employes’ com- pensation commission, 8932ss. Recovery of compensation paid, 8932SS. Certificate of physician to accompany claim, 8932.j. Children, compensation to, 8932ee. Claim for compensation, certificate of physician to accompany, 8932.j. Form and requisites, waiver of re- Quirements, 89325. Time for making, 8932.jj. Waiver as to employes of Panama. canal or Panama railroad company, 8932uu. Writing, 8932ii. Commission, appointment of members, 89.32nn. Assistants, clerks and other employés, civil service, 8932p. t Award by, 8932rr. Cancellation of awards, 8932ss. Compromise of assignment claims, 8932mm. Creation, 8932nn. Estimates of appropriations, 8932pp. |Findings, 8932rr. Other official bodies having power to pay compensation discontinued, 8932O. Perjury, penalty for, 8932t. Principal office, 8932nn. Qualification of members, 8932nn. IEMPLOYES (Cont'd) Commission (Cont'd) Reports from other departments to, 8932O. - . Reports to Congress, 8932QQ. Reports to of injury, 8932ll. Review of awards by commission, 8932S. Rules and regulations, 89324. Salaries, 8932nn. Subpoenas for witnesses may be is- sued, 893.200. Tenure of members, 8932nn. Transfer of clerks and employés from superseded commission, 89320. Compensation for disability or death of United States employes, 8932a. Compromise of claims assigned by em- ployé, 8932mm. Computation, monthly pay of employé, 8932ff. Wage earning capacity, 89329. Death, compensation to heirs, 8932ee. Payment of lump sum, 8932gg. Resulting from injury, burial expens- es, 8932f. - Payment to personal representa- tive, Transportation of remains, 8932f. Decrease of compensation on account of old age, 8932cc. Definition of terms, 8932tt. Estimates of appropriations, 8932pp. Exemptions from claim of creditors, 8932m. . Funds, additions to, 8932r. Creation, 8932r. - Estimates for maintenance of, 8932r. Payment of awards from, 8932rr. General provisions, 8932a–8932uu. Grandchildren, compensation to, 8932ee. Grandparents, compensation to, 8932ee. Heirs, compensation to, 8932ee. Increase of compensation on basis of ex- pectancy of productive capacity, 8932cc. Injuries occurring prior to act, payment of compensation for, 8932u. Intoxication as defense, 8932a. Leave of absence, compensation to em- ployé in case of, 8932dd. Medical, surgical and hospital service, 8932e. Monthly pay, computation, overtime not included, 8932ff. Note: injury, failure to give, relief, 1. Requisites, 8932hh. Time, service, 8932h. Offenses, child receiving compensation after marriage, 8932ee. Old age, decrease of compensation on ac- count of, 8932cc. - Panama canal, alien employés, monthly COmpensation, modification of mini- mum limit, 8932uu. Payment of compensation out of ap- propriations, 8932u. Waiver of claim for compensation, 8932ulu. Panama railroad, compensation not to be paid, unless release is given, 8932u. COMPENSATION ACT Parents, compensation to, 8932ee. Partial disability, affidavit from employé, 8932bb. - Compensation for, 8932bb. Computation of wage earning capac- ity, 8932g. Duty to seek 8932C. Monthly compensation for, 8932cc. Payment of compensation, 8932rr. Pensions, right to not affected, 8932d. Perjury before commission, 8932t. Permanent partial disability, payment of lump sum, determination, 89322g. Permanent total disability, payment of lump sum, determination, 89.329.g. Person receiving compensation not to be paid for services, 8932d. Physical examination of employé, dis- agreement between physicians, 89.32kk. Effect of refusal to submit to, 8932k Fees, 89321. Productive capacity, increase of compen- sation on-basis of expectancy of, 8932cc, Repeals, 8932u. Report to commission, superior to make, 8932!!. Review of awards by commission, 8932s. Sisters, compensation to, 8932ee. other employment, EMPLOYES COMPENSATION ACT (Cont'd) •. - Subrogation of United States against per- son causing injury, 8932mm. Assignment by employe, 8932mm. Disposition of In Oney collected, 8932mm. - Time of approval of right to compensa- tion, 8932aa. - Total disability, compensation for, 8932b. Monthly compensation for, 8932cc. Payment of lump sum, determination, 8932gg. Transportation expenses, 8932e. Transportation of remains when death results from injury, 8932f. Wage. earning capacity, 8932g. Widows and widowers, compensation to, 8932ee. Willful misconduct, excepted, 8932a. EN CAMPMENTS Army, military academy cadets, 2243. Militº, 3054, 3066, 3066a–3066e, 3067, 3072, 73. Ammunition for instruction in firing and target practice, 3075. Instruction, 3066-3067. Officers and men detailed from army to attend, 3073, 3073a, 3074. Naval militia, 3078a (21). ENDOWMENT. FUNDS Abraham Lincoln National Park or Res- sºon, acceptance by United States, O. American National Red Cross, 7704. ENEMIES | See Trading With Enemy. . ENEMY - See T'rading With Enemy. Allien enemies, see Alliens. A. enemies not admitted to citizenship, 362. - Compelling surrender to, 2308a, art. 76. Corresponding with, 2308a, art. 81. Intercourse and messages, punishment, 2965(4, 5). Misbehavior before, 2308a, art. 75. Public stores taken from, 2308a, art. 79. Relieving, 2308a, art. 81. Trading with, 31.15%a-31.15%j. 31.15%fff, Appendix p. 1772. | ENFORCEMENT ACTS See Civil Rights. Civil Rights, 24, 991, 1013, 1015, 1017, 1018, 1252, 1542, 1582, 1686, 3925, 3932-3941, 3943, # 4241, 10141, 10170, 10183–10185, 10306, Tariff, 991, 1015, 1017, 1018, 1279-1281, 1560, 6368, 10521, 10522. ENGINEERS See Chief of Engineers. Agricultural Department, salary, 793. Army, Alaska Board of Road Commis- gºers, appointment às member of, {}}4. . " Appointment, 1881. - Bº of Ordnance and Fortification, Corps of, 1840. Appointment of second lieutenant, 1842b Appointment to California Débris Commission, 10004. - Appointment to Mississippi River Commission, 9994. Battalion supply pay, 2144a. Board of engineer officers to be or- ganized by detail from, 9863. Calling into active service retired officers, 2075b. Chief, books from library of Con- gress, 141. - Duties, 1845. Furnishing of offices for Office of Education, 769. Chief of Staff to have supervision of, 1763. Coast artillery, 1731, 1731a. Pay, 2144a, Appendix p. 1759. Compensation not allowed for dis- bursing moneys, 1846. Composition, 1840–1842a. 1842a, Appendix p. 1748. Detail, of officer as secretary of Mºissippi River Commission, Sergeant, Detaii of officers, 1843. Detail of Officers and men to Mis- sissippi River Commission, 9997. GENERAL INDEX [Page 2101] [References are to sections, except where otherwise indicated.] ENGINEERS (Cont'd) Army (Cont'd) Corps of (Cont'd) Detail of sergeants to national guard, 3074a. - Disbursement of moneys, 1846. Disbursing officers, payment in set- tlement of transactions with. Oth- er departments, 6622a. Enlisted men, 1842a. 1842a, Appendix p. 1748. Duties, 1844. Examination for promotion, 1898, 1900. Field artillery, 1737, 2144, 2144a. Lieutenant, appointment of, 1842b. Limitation on number of appoint- ments of increased officers, 1991d. Limits of duty, 1847. - Line of army composed in part of, 1842a. 1842a, Appendix p. 1748. Master engineer, pay, 2144a. Mileage of officers, 9876. Musicians, 1842a. 1842a, Appendix p. 1748. Part of army, 1717, 1717a, 1842a. r 1842a, Appendix p. 1748. Promotion, 1900, 1901. Regulation of supplies, 1845. Relative ranks of officers of, 2672a. Statistics concerning inland water traffic, 9902. Train, composition, 1758a. - Veterinary corps, assignment to, 1724a. - Designation as lighthouse inspectors, 8434. Designation as superintendent of lighthouses, 8446a, Appendix p. 1792. - Detail for consultation or to superin- tend Construction or repair of aid to navigation, 8434. Engineer school, Washington, D. C., Subscriptions may be paid for in ad- vance, 6652b. Estimates for construction or modern- ization of batteries, etc., 6702. ºnation of reclamation Works, 710. Expenses of investigations, etc., Con- cerning rivers and harbors, etc., how paid, 9974. Fees of road extensions in Yellowstone Park, 5201. Military academy, ment, 2274. Instructor, 2206. Moneys from disposition of materials supplied by Engineer Department, 1952a.a., Appendix p. 1754. Officers on river and harbor Works may hire transportation, 9877. Pay, 2144, 2144a. Mileage, 2130. Payment by disbursing officers in set- tlement of transactions of Engineers’ Department, 6622a. Payment of pressing obligations by disbursing officers where balance of appropriation is insufficient, adjust- ment of accounts, 6622. Porto Rican wharves, cost reported to, 3801(f). *- Proceeds from operation of public utilities overseas, 1952b, Appendix p. 1755. Travel expenses of assistant engineer of board of engineers for rivers and harbors, 9996. Bureau of Standards, salary, 925. Bureau of Steam Engineering, 622. Civil, appointment of chief of bureau of yards and docks, 630. Bºu of yards and docks, salary, 1 - engineer detach- Of corporations receiving subsidies from United States, appointment and compensation of, 10059. Employment to reclassify lands in Alabama, 4656. - Immigration, 4289%b. - Temporary employment of in Bureau of Mines, 786. Western and northwestern rivers, 9864. Coast and Geodetic Survey, salary, 8561a. Flood Control of Mississippi and Sacra- mento Rivers, 10030%a–1003034C. Indians, residents of Metlakahtla, Alaska, entitied to licenses as, 8.188. Interior Department, 669. Intoxication of locomotive engineers in District of Columbia, 342.1% n. ENGINEERS (Cont'd) Library of congress, employment by Su- perintendent of iibrary building and grounds, 134. Miners’ liens in Alaska, 5059. Navy, advancement of lower grades, 01a. Appointment of acting ensigns for en- gineering duty, qualifications, term, promotion, duties, 2482a-2482d. Appointment of chief of bureau of steam engineer, 635. Assignment of certain line officers to engineering duty, 2482a. Assistant civil engineers, pay, 2830. Civil engineers for navy-yards, 2563. Number, 2564, 2565. Pay, 2816, 2830, 2852. Promotion, 2484, 2566. Rank, 2483, 2672. Detail as professors schools, 2765. Distribution, 2483c-2483e. Engineer corps, 2476. Engineer-in-Chief, 2665. Engineer officers, duties, Examinations, 2481. Fleet, designation, 2539. Fleet naval reserve, commission of members as, 29.00%b (8). - in nautical 2479-2481. Line officers assigned to engineering duties, not required to perform oth- er Services, advancements, 2482d. National naval volunteers, Commis- sions to, 3078b (6). Naval Academy graduates, 2477, 2478. Number, 2483b. Officers performing duties on shore, additional number in their grades, 2486. . - Eligible for any shore duty com- patible with rank, 2606a. Pay, 2830. Promotion, 2697d, 2697.h. Rank, 2476-2482, 2672. Rations, 2885. Retired officers, pay of third assist- ant, 2891. War-vessels, when to have pensions, etc., 8934, 8944. Post-Office Department, salary, and as- sistant, 572. Purchase of horses, 6848a, Appendix p. 1783. Railroads, assaults on, 10495. Steam launches of ten gross tons and un- der, pilot and engineer may be one per- son, 8187. - Steam Vessels, to answer inquiries, etc., of inspection officers, 8160. Tº sist inspectors in examinations, Criminal responsibility for loss of life, 10455. - Depositing of refuse in New York Harbor, penalty, 9934. Investigation of, for failure of duty, 8161. Liable for damage and loss caused through their negligence, 8269. Licenses, fees for, 8138, 8220. By inspectors, 8203. By local inspectors, 8200. Oath, 8207. Revocation for refusal to serve, etc., 8211 To be exhibited, penalty, 8208. Penalties, obstruction of navigation, etc., penalty, 99.21. Violating rules as to steamers passing, 8167. Violating rules for harbors, rivers and inland waters, 7907. War duties, 7708. Surveys in making physical valuation of property of carriers, railroads to trans- port, 8591a. Waterways Commission, 10003%a. ENGINE WOREKS “Shipyard” includes, 8146t. ENGLISH LANGUAGE Proceedings in Porto Rican courts, 3803r. ENGRAVING AND PRINTING Director of bureau, see Director of Bureau of E^* graving attal Printing. General provisions, 510–514. Bureau of, accounts, examination of by Auditor, 420. Appropriations, 372. Chief to submit estimates of cost of blanks, books, etc., for money Order business, 7557. ENGRAVING AND PRINTING (Cont'd) Bureau of (Cont'd) Director of, 510–514. - To have control of, 510. Eulogies of deceased CongreSSmen, engravings for, to be done at, 7086. Leaves of absence, 511, 512. Compositors and pressmen, 512. Piece workers, 511. - Manufacture of postage stamps, 7387. Regulations respecting, 511, 512. Miscellaneous work, disposition of re- ceipts from, 514. Portraits, engraved plates delivered to heirs, etc., of deceased members of Congress, 5.13a. Impressions of to be furnished, 513 Presses, e 6556. cºating notes of national banks, 9714 6. Contracts for lithographing and engrav. ing, 6969. Cºrfeit plate of foreign securities. 0331. Division of, in Geological Survey, 781. Engravers, Coast and Geodetic Survey, Salaries, 8561a. Duties, 6447. Philadelphia, salary, 6431, 6434. Execution of dies for national medals, 6522. Mints, 6441. Exclusion of unnecessary engravings from public documents, 7173. Federal reserve notes, 9799(11). Geological Survey reports, necessity of Specific appropriations, 7149. Geological Survey, Signal Service, estimates and appropriations, 6675. Imitating securities, 10347. Internal-revenue stamps, 6556. National bank notes, 9751, 9799(11). Nonmailable, violation of Espionage Act, 10401a–10401(d. - Obligations or securities of United States, penalty, 10320. Plates and dies for federal reserve notes, 9799(7). Public printer, etc., not to be interested in contracts for, 6990. Punishment for engraving plates for coun- terfeiting certificates of citizenship or printing such certificates, 10243. Report of costs, etc., of, 6977. Restrictions on use of appropriations for printing and binding for, 7.175. Samples of paper for engraving and litho- graphing, 7003. Specifications and drawings by Commis- Sioner of Patents, advertisement and contract, 755. stºped envelopes, prohibited, 7389, 7390, 392. etc., United States notes, etc., 6551–6556. ENGROSSING - Bills and joint resolutions, 12. ENLARGED HOMESTEAD See HomeSteads. ENIARGED HOMIESTEAD See Homesteads. ". Text of act, 4565, 4566, 4571, 4572. ENLISTED RESERVE CORPS Active service, 1892e. 1892e, Appendix p. 1750. Army of United States, composed in part of, 1715a. Assignment to regular army, 1892e. 1892e, Appendix p. 1750. Aviation section, 1867m. Certificates upon enlistment, 1892e. 1892e, Appendix p. 1750. 30.78%a-307844ss. Civil relief to members, Composition, 1892e. 1892e, Appendix p. 1750. º Departments of government may be util- ized in connection with, 1892d. Discharge, 1892e. - - 1892e, Appendix p. 1750. Enlistment of dental students, 1892ee. Lost or destroyed articles, 1892e. - 1892e, Appendix p. 1750. Officers’ reserve corps, assignment of ot- ficers from, 1892e. 1892e, Appendix p. 1750. Organization into units, 1892e. 1892e, Appendix p. 1750. Part of army of United States, 1715a. Pay and allowances, 1892e. 1892e, Appendix p. 1750. Increase while in active service, 1892e. 1892e, Appendix p. 1750. ACT GENERAL INDEX ENLISTED RESERVE CORPS (Cont'd) Qualifications, 1892e. - 1892e, Appendix p. 1750. Rank, 1892e. - - 1892e, Appendix p. 1750. - Regular army officers, assignment to, 8 1892e. 1892e, Appendix p. 1750. * Retirement and retirement pay, not enti- tied to, 1892e. 1892e, Appendix p. 1750. Rosettes, issuance, 1892e. 1892e, Appendix p. 1750. Penalty for unauthorized use, 1892e. 1892e, Appendix p. 1750. Uniforms, etc., 1892e. 1892e, Appendix p. 1750. Volunteer service, muster into, 1892e. 1892e, Appendix p. 1750. ENEISTMENT Army, 1882–1894. Age, 1714, 1884–1886, 1889. Re-enlistment, 1891. Aliens, 1888. - Bounties for procuring enlistments prohibited, 2044c. . Commutation of quarters, 21.18a, 2118b. Convicts, 1886. Cooks, 2005. Deserters, 1886. - Restrictions modified, 3954. To serve full term, 2308a, art. 107. * Details of enlisted men, 2007–2015. Discharges, 2044g, 2308a, art. 108. Charge against fund ‘‘transporta- tion, recruiting and contingent” of transportation of charged, 6750. Loss of certificate, duplicate to be furnished by Secretary of War, 323, 324. Disciplinary barracks, detail to, 2458a 4 Education, 1988a. Engineer corps, 1842a. Enlisted men appointed to fill vacan- cies in grade of second lieuten- ants, 1920a. Certificates of merit, 1942. Civil pursuits probibited in certain cases, 1892f. Clothing allowance, 2190, 2196. Coast artillery, 1732. Rated men, 1731a. cººd men of cavalry regiment, 1723. - Cooks, number, 2005a. Detailed as stenographic reporters for courts martial, 2015. Details at military prison, 2010, Detaiis at recruiting depots, 2009– 2013. Details at remount depots, 2014. Detail to educational institutions having Reserve Officers’ ing Corps units, 1881j, 1881jjjj. Disciplinary barracks, 2458a (4). Double salaries, not affected by prohibition of, 3230a. Employment in civil pursuits pro- hibited in certain cases, 1892f. Employment in coast and geodetic survey, 8554. Allowance for subsistence, 8559. Engineer corps, 1842a. 1842a, Appendix p. 1748. 1881jj, detail to, Engineer detachment at military | academy, pay, 2274. - Examºion, for promotion, 1918, - 919. - Master electricians, 1726. Fººtion from arrest for debt, Exemption from registration un- der selective draft act. 2044e. Field artillery battery, 1736a. Free tuition in schools of District of Columbia for children of men stationed outside District, 3369c. Furloughs, 1891e. - Grouping of units, 2044g. 2044g, Appendix p. 1756. Infantry, 1738, 1738a. Instruction additional to military training, 1988aa. - Instruction in schools of District Of Columbia, 3369d. - Master hospital sergeants counted, 1829a. In Ot rnen dis- | Train- | [Page 2102I [References are to sections, except where otherwise ENLASTMENT (Cont'd) Army (Cont'd) - Enlisted men appointed to fill vacan- Cies in grade of second lieuten- ants (Cont'd) Medical department, hospital ser- - geants, 1829a. 1829a, Appendix p. 1747. Not counted as part of enlisted force of army, 1829a. 1829a, Appendix p. 1747. Number, 1829a, - 1829a, Appendix p. 1747. Part of, 1806. Transfers to, 1829a. 1829a, Appendix p. 1747. Men outside draft age, 2044t, Ap- pendix p. 1757. Military academy, appointment to, 2230a. Outfits on first enlistment, 2887aa, Appendix p. 1765. Pay, 2275. Minimum strength to be maintain- ed., 18826, Not to act as servants, 2004. Number, 1882a, 1882b. - Ordnance Department, 1853, 1854. Pay, 2044.j, 2144–2148, 2154–2156, 2171. Assignment of, 2167. Charge against fund “pay of Army” of detained pay, 6749. Computing continuous service pay, 1891a, 1891c-1891dd. Deductions, damage to arms, . 2191. Rations 2188. Tobacco purchased, 2489. Deposit of savings, 2193, 2195. Enlisted reserve corps, 1892e. Increase, 2044.j. Payment to for horses, etc., lost in military service, 6390–6400. Pension, rate of total-disability pension, 8944. To relatives, 8997. When to have, 8934. Promotions, 1916, 1920, 1920a. To fill vacancies, 1912. In grade of second lieuten- ant, 1920a, Appendix p. 1751. - - Qualifications and conditions for, 2044g, Appendix p. 1756. Quarters, 21.18aa, Appendix p. 1758. Rations, 2172. - Recruits, number, 1882, 1882a. Re-enlistment, rank, 1891a. Schools for, 1986–1988aa. Servants for Officers, 2004. Travel expenses, 2126a. Troop of cavalry, 1718. War risk insurance, 514 u-514v.v. Enlisted strength, 1882a, 1882b. - Furlough, 1892. - Increase, rate of, 1991b. Instruction, 1988a. Maintenance of enlisted force at maxi- mum strength, 1882. Maximum strength when war is im- minent, 1991b. Medical T)epartment, 1829a. 1829a, Appendix p. 1747. Enlisted force, not counted as part of enlisted force of army, 1829a. 1829a, Appendix p. 1747. Hospital sergeants, 1829a. 1829a, Appendix p. 1747. Master hospital Sergeants counted, 1829a. - 1829a, Appendix p. 1747. Number, 1829.a. 1829a, Appendix p. 1747. Transfers to enlisted force, 1829a. 1829a, Appendix p. 1747. Men discharged to accept commis- sions, of termination of commis- Sioned service, 1891dd. Military academy, appointment to, purchased, Inot 2230 a...' Minors, 1885a, 1886. - Obstructing, 10212c, 105140–105140d. Ordnance Department, 1848. Sergeants, 1853. Persons injured in military service unable to follow gainful occupa-, tions, 514rrr. - Philippine Scouts, 1741. Porto Rican citizens, 1890. Porto Rico regiment of infantry, 1745- 1747, 1753a. - 2187, indicated.] ENLISTMENT (Cont'd) Army (Cont'd) - Premium for bringing recruits, 1887a. 1887a, Appendix p. 1750. Proof of enlistment in Mexican war under pension law, 9038. Qualifications, 1884, 1888, 2044g. Quartermaster Corps, 1780, 1788b. Pay and allowances. #788b. Rated men, coast artillery, 1731a. Number, 1731a. Rate of increase, 1991b. Recruiting, postmasters’ 1887a. - Re-enlistment, in army at large or in army reserve, 1892. After three years Service, 1891a. Bounties in time of war, 1891. Discharged soldiers, 1891. Men discharged from army to ac- cept commissions in national guard, etc., 1891c. - Restrictions as to in case of deser- tions modified, 3954. Retirement of enlisted men, 1891dd, 2082–2088. Part of army, 1717, 1717a. Schools for enlisted men, 1986, 1988, 1988a.a. - Substitutes prohibited, 2044c. Term, 1888, 1891a, 1982, 2044g. Service in Philippines and Pana- Ima, 1999d. - Unauthorized absences, etc., not counted, 1891b. When in force at outbreak of hos- tilities, 1892b. Tººfer to marine corps or navy, 982. Unlawful enlistments, 2308a, arts. 54, services, vacancies in organizations out of United States, 1883. Without discharge, as desertion, 2308a, art. 29. Citizens of United States in certain for- eign countries, prevention of, by United States ministers, 7640. Punishment, 10174. - Coast Guard, 8459%a.(2). Assignment to duty in, 8459%a (10). Enlisted men, reimbursement for per- Sonal effects lost by Operation of War, etc., 2869a. - Double salaries, enlisted men not affected by prohibition of, 3230a. Fraudulent enlistment, 2308a, art. 54. Marine Corps, 2925. Advertising for, 2925a. 2925a, Appendix p. 1767. Serving Computation of enlisted strength, 2574a. Exemption from arrest, 2927. Medals of honor, 2715. Minority, extension of enlistment, 2578a. - Navy mail clerks, 7256a. 7256aa, Appendix p. 1786. Pay, 2929–2941. Privates first class, 29.18aa, Appendix p. 1767. Rations, 2938, 2939. Reimbursement for personal lost by operations of war, 2869a. Temporary appointments as officers, 2483h, Appendix p. 1761. Temporary increase of force, 2918aa. 29.18aa, Appendix p. 1767. Term of during state of War, 2577a. Transfer from army, 2582. Militia, 3046. Minors, age limit without consent of par- ents, 1885a. l National guard, discharge from, 30.44k. Examination of men on entering serv- ice of United States, 3048. Oath, 3044i, 3044.j. Term, 3044h. - Naval academy band, 2759. Naval militia, 3078a (3). Re-enlistment, 3078a (3). Navy, apprentice, 2574, 2583. Computation of enlisted 2573c, 2574a. Desertion, 2581, 2954–2960, 2979. Discharge, pay, 2590. Purchase of, 2589. Refund of bounty, 2588. Refund of cost of outfit, 2587. Disposition of men at expiration of term, 2591-2593. effects etc., strength, GENERAL INDEX [References are to secti ENLISTMENT (Cont'd) Navy (Cont'd) - Enlisted men, allowances on death of, to widow, children or other de- pendent relative, 2870. . Appointment as Warrant officers or rating as mates, not to discharge from, 2561. Deck courts may be ordered upon, 2993a. Details for service with Republic of Haiti, 28.13a. $ Detention beyond term of enlist- ment, 2591–2593. Discharge, 2587-2590. Honorable discharge, 2595–2598. Disposition at expiration of term, 2591–2593. Double salaries, enlisted men not affected by prohibition of, 3230a. Duties at navy yards, 2800. Employment in coast and geodetic survey, 8554. Allowance for subsistence, 8559. Free tuition in schools of District of Columbia, for children of men stationed outside District, 3369c. Instruction in schools of District of Columbia, 3369d. Mail clerks, 7256a. Number, 2571–2574. Outfits to men serving second en- listments, 2887a. - Pay, 2590, 2855-2862. Deceased seamen, 2871. - , - Detention beyond term of en- listment, 2860. Increase of, 2856. Lost vessels, 2863–2869. Re-enlistment, 2861, 2862. Temporary increase, 2856a. Travel allowance, 2858. Ratings, appointment, etc., 2855a. Base pay, 2855a. Establishment, 2855a. Increases in pay, 2855a. Reimbursement for personal ef- fects lost by operations of war, etc., appropriations, 2869a. Authority to make, 2869a. Claims, actions, etc., on, 2869a. Determination by Chief of 2868, 2870, Bureau of Navigation, 2869a. - Submission in writing, 2869a. Time for presentation, 2869a. In the naval service, defined, 2869a. Limitations, 2869a. Rations, 2879-2887. Retirement, 2658, 2659. Sale of stores to, 2810. Seamen first and second class, transfer to hospital corps, 25.13a. Temporary appointment as offi- cers, 2483h, Appendix p. 1761. Total—disability pension, 8944. Transfer to naval flying Corps, 2952% v. .." When to have pensions, 8934. Fraud, punishment, 2983. Furlough without pay may be grant- ed, 2590b. Hospital corps, 2513, 2515-2517. Pay, etc., 2516. Increase of enlisted strength, 2573a, 2573a.a. 2573a.1%, 2573aa, Appendix p. 1763. Insane persons, 2581, 2979. Intoxicated persons, 2581, 2979. Medals of honor, 2715. Minors, 2575, 2580, 2581. Certificate of birth, to age, 2580a. Extension of, 2578a. Punishment, 2979. Release from service of recruits under 18 years of age, 2580a. Number to be exclusive of those court-martialed, 2573b. Obstructing, 10212c. statement as Persons injured in military Service unable to follow gainful occupa- tions, 514 rpr. Postmaster’s services utilized in pro- curing, 2579a. - Release from service of recruits, un- der 18 years of age, 2580a. Retirement of enlisted men, 2658, 2659. [Page 2103] ENLISTMENT (Cont'd) Navy (Cont'd) Shipping articles, 2591, 2594. Term, 2575-2578, 2591. Transfer from army, 2582. Non-commissioned officers, detached for Service with national guard, part of regular army, 1717a. - Non-enlisted men in temporary service, pension to relative, 8997. o; and men available for duty, 2026g, Post non-commissioned staff officers, part of regular army, 1717a. Recruit depots, corporals, 2012. Detachments, part of regular army, 1717a. Details from army, 2009, 2011. Establishment, 2026g. Existing laws to remain in force, 1991 a. 1991a, Appendix p. 1755. Infantry bands, 2013. Laundry work for recruits, pay, 2183. Number of unassigned recruits, 1882, 1882a. * Pay and allowances of enlisted man stationed at, 1991a, Appendix p. 1755. Regimental sergeant major, enlisted man to have rank, etc., of, 2010a. Reports to adjutant general, 2026g. sº for cavalry and light artillery, 016. - Sergeants, 2012. Troops, organization, 2026g. Recruiting, obstructing, 102.12c, 105.14d. - Recruiting officers, authority to adminis- ter oaths, 3037. - Recruiting parties, part of regular army, 1717a. Re-enlistment, army, bounties in time of war, 1891. Army, discharged soldiers, 1891, 1892. Disciplinary barracks offenders, 2458a.(7). - Expiration of three years’ service, 91a. Furlough from regular army to regular army reserves, 1891a. Pay, 2145. * Qualifications for, 1888. Navy, bounty pay for, 2861; 2862. Retired enlisted men, call into active service, 2659a. Revenue-Cutter Service, 8935. Revenue marine service, 8459%b(36). Service against United States, opening re- cruiting station, 10171. Punishment, 10172. - Signal Corps, 1860. - Slavic Legion, 2044%, Appendix p. 1758. ENROLLMENT ACTS See Army and cross-references there- (wn der. Civil War, 1886, 1973; 2008, 2104, 2308a (19), (20), (25), (48), (55), (74), (82), (92), (93), (101), (115), 2966, 6941, 10206. - ENROLLMENT OF WESSELS See Coasting Trade. Registry of vessels, TVessels. Assistant Collector of customs Camden, 8090 - see Registry of Jersey City, 8089. Bailing of property seized, 1564. Carrying on coasting trade or fishery without, forfeiture or penalty, 8124, 8125. Penalty, remission or mitigation, 8126. Certificate of enrolled vessel on proceed- ing on foreign voyage, 8087. Collector of customs at Wilmington, 8091. Counterfeiting, 8130. Customs officers, compensation for Serv- ices, 8067. - Denied to vessels not complying with the law, 8274. Deputy collector of customs at Chesa- peake City, 8092. Duties of Commissioner of Navigation concerning, 891. Exchange of for license or registry, 8070, 8071. Fee for, 8136-8138. Exemptions from, 5490, 8146. Receiving illegal, penalty, 8128. Forging or altering, 10240. Penalty, 8130. Form of, 8065. cººlidation with license, form, 8066; 067. 10514a- ons, except where otherwise indicated.] ENIROLLMENT OF VESSELS (Cont'd) Fraudulent penalty, 7775. Hawaiian vessels, 3734. Illegal, penalty, 8128, 8.129. Inspection of by officers of revenue, 8085. Northern, etc., frontiers, exemption from fees, 5490. Numbering certain undocumented ves- sels, 8095a-8095f. - Oath as to payment of, foreign repairs as prerequisite, 8079. .. Obstructing officers, 8131. - Privileges of coasting trade or fisheries to enroll vessels, 8057. Proceedings for, 8058. Registry, enrolled vessels for Whale-fish- ery, 8088. ** * - Enrolled vessel on proceeding to for- eign port, 8086. Renewal, former name of vessel, 8082. Oath as to payment of foreign repairs as prerequisite, 8079. Sale of vessel, 8078. Vessel in another district, 8076, 80.77. Reports by Bureau of Foreign and Do- mestic Commerce, 886. Seizure of vessel, forfeiture procedure, Sale after condemnation, 1565. Signatures to, 8081. Steam boats owned by resident aliens, bond of alien owner, 8063. Procedure, 8062. Suits for penalty or forfeiture to be brought in name of United States, 1545. Surveyors of ports, 8093, 8094. Cold Spring, Greenport and Port Jef- ferson, 8094. - Fees, 8095. Vessels entitled, 8058. United States Shipping Board 8146.e. Vessels on northern frontiers, 8064. . Vessels owned by corporations, 8059-8061. Vessels purchased, chartered or leased from United States Shipping Board, 8146e, Appendix p. 1789. Vessels, withheld until duties on repairs and equipments are paid, 5827. Wrecked vessels, 7714a. - ENSIGN Use for advertising of Columbia, 3369b. TENSIGNS Midship men in maval academy, Midship 77ve?”. Acting ensigns for aeronautic duties, ap- pointment as acting lieutenants of the junior grade on completion of probationary period, 2952%.e. Detail to duty involving actual flying, 2952%.e. Term of 2952%f. Appointment, 2709-2712. - Acting ensigns for, aeronautic duties, 2952%d. Enginéering duties, not required to perform other services, ad- vancements, 2482d. Promotion, examinations, 2482c. Qualifications, term of appoint- ment, 2482b. Fleet naval reserve, 2900%b(8). Grades, 2470. Junior ensign, grade abolished, 2473. Midshipmen promoted to, 2737, 2738. Naval flying corps, commission to student flyers failing to qualify as aviators, 2952%O. - Qualified student flyers commissioned as, 2952%p. Navy, appointment of acting ensigns for engineering duty, not required to perform other services, advance- ments, 2482d. Appointment of acting ensigns for en- gineering duty, promotion, examina- tion, 2482c. - Temporary promotion to grade of lieu- tenant, junior grade, 2483i. Number, 2474, 2482. Increase, 2483. Pay, 2814. Promotion, 2482C-2483i, 2688, 2709-2712. Rank, 2660. Rations, 2877. Retirement, 2623. Steerage officers, 2684. Title of midshipmen changed to, 2472. Act, purposes in District See appointment, revocation, commissions as, GENERAL INDEX [References are to secti ENTICEMENT Desertion from navy, 2965(6, 7), 10206. Workmen from arsenals or armories, 10207. IENTOMOLO&ISTS Agricºral Department, appointment, Salary, 793. Bureau of, appointments from to Federal Horticultural Board, 8764. ENTRIES - See Homesteads. ENTRY OF MERCHANIDISE See Court of Customs Appeals : Cus- toms Duties ; Invoices ; Ports of Entry and Delivery. Abandonment, 5602. Admitting entries for less than legal du- ty, 10236. Agent, factor, etc., entering, 5484. Agents of carrier, articles not intended for sale, 5708. Articles, enfry after customs act becomes effective, 53I4. Baggage, tools, etc., 5496-5499. Cargo of vessel in distress, 5584. Cigars, 5500. Collection district for Petersburg and Richmond, 55.17. Collectors of customs to receive, 5359. Consul’s certificates not granted in Con- tiguous countries when, 5545. Decisiºn by owner, consignee, etc., On consignment for sale, 5528. Delivery at intermediate port by vessel of foreign coasting trade, 5829. Deposit in bonded warehouse, 6034. Deposit in warehouse for want of invoice, 47. Distilled spirits, 5491, 6124. Shipped from foreign countries prior to September 1, 1917, 5650a. Drawback, distilled liquors for exporta- tion, 6.124. Extension of time for, 5740. Estimate of duties indorsed on, 5557. Expense of weighing, measuring or gaug- ing, 5618. - False entry, 10237. False invoice. declaration, etc., 55.24. Forfeiture, 5526. Fees for, 8137. Imperfect entry, custody, 5486. Incompleted, storage of goods, 5621. Internäl revenue tax on, 63.18a, 6318h. Invoices, see Invoices. Merchandise defined, 5462. Naval officers of customs to receive copy of, 5364. On northern and northwestern frontier district, how made, 5809. Packages not invoiced, 5482, 5483. Particulars of merchandise unknown, 5485. Presumption of fraud, 5527. Quarantine regulations for, 9153. Removal from wharf without consent of customs officer prohibited, 5574. Saloon stores on certain vessels, 5825. Substantial compliance with forms suffi- cient, 5465. Time for, and requisites of, 5481. Transportation to foreign countries, 5690. warehousing, regulated by Secretary of Treasury, 5648. Wines, 5491. - Withdrawal, entry of grape brandy from special bonded warehouse, 6043. Entry of spirits in bonded Warehouse on payment of tax, 6036. ENTRY OF VESSELS See Customs Duties, and related top- Q.C.S. Registry of vessels, see Registry of Vessels. Article separate from cargo, duty of cus- toms officers respecting, 5772. Canadian, etc., vessels, regulations, 5841. Cargo destined for different collection dis- tricts, entry in second district, 5.477. Certificate of record produced, 7769. Collectors’ fees, 5393. Collectors of customs to receive, 5359. Departing from place, where there is no custom house, to deliver manifest on ar- rival at port of destination, 5834. Departure from point of arrival without making, 5469. Fees for, 8136-8139. - Collectors of customs, 5393. Exemption of vessels in triweekly for- eign trade, 5489. Ferry boats exempt, 5489. IPage 21041 ENTRY OF WESSELS (Cont'd) Foreign and coasting trade on northern, ... etc., frontiers, 5826. Foreign vessels, production and deposit of papers, 7800–7802. Infected vessels sent to quarantine sta- tions, 9161. Licensed or enrolled on northern fron- tiers, exemption from fees, 5490. Lºsed yachts not required to enter, Naval officers of customs to receive copy Of, 5364. - Northern, etc., frontiers, licensed vessels exempt from fees, 5490. Oath as to register, 7754. Place for, 5466, 5467. Preliminary entry, 5560. - Not to relieve of making regular en- try, 5562. Public vessels not required to make, 5488. Quarantine regulations, 9153. Register of foreign vessel produced to col- lector, 7800, 7801. Reports by masters upon arrival, 5470, 54.71. Rºue officers may board and Search, 5770. Ship’s papers produced to collector, 5487. States, limitation on power to require (Const. art. 1, § 9, cl. 6). Surveyors of custom, to inspect, 5865. Tonnage duties, amount, 7811, 7812. - Trade between Philippines and |United States, 3905. Vessels bound to ports of delivery only, 5468. o Vessels obstructed by ice, 5587. vessels to deliver letters before entry, 10374. Vessels with cargo destined for different ports, proceedings, 5476-5480. - Yachts, 7810. ENTRYwoMEN Marriage of homesead entry Woman, 4538, 4538a–4538c. ENUMERATORS OF CENSUS Commission, 4396. Compensation, 4400. Mileage not allowed, 4400. º Death of compensation for Services ren- dered, 4401. Duties, 4396. Employment, 4394. Interpreters to assist, 4399. Oaths, 4405. º Offenses, false certificate or fictitious Te- turn, 4408. False swearing, 4408. º Furnishing false information, 4408. Publishing or communicating infor- mation, 4408. º Receiving compensation for appoint- ment, 4407. Refusai to perform duties, 4408. Vacancies, filling, 4898. ENVELOPES - See PostClgé. Accounts to show expenditures for, 7598. Adjustment of Postmaster’s claims for losses by burglary, fire, etc., •7211, 7212. Classes of mail matter, marks on, 7332, 7333. Contracts 7392. Double-letter envelopes, 7396. Estimates of appropriations, 6709, i.etter-sheet envelopes, postage, 7396. Mailing congressional record, 6992. Mailing extracts from congressional rec- ord, printing on, 6993. - Mailing public documents, printing upon, 6992. Official, indorsement, 7369-7371, Superintendent of documents, name Of office and penalty clause printed on, 7375. - Penalty envelopes, for answers to be in- ciosed in official communications to members of Congress, etc., 7374. For correspondence concerning Con- gressional Directory, 7088. For correspondence relating to Selec- - tive draft, 2044f. Printed envelopes for mailing bulbs, etc., contracts for, 8.20a. Printing for departments, 6676. Removal by postmaster to ascertain rate of postage, 7336. Removing from mail-matter not charged with letter postage, 7336. Stamped, contracts for, 7260, 7392. Defacement at mailing-office, 7403. for by Postmaster-General, seeds, ons, except where otherwise indicated.] ENVELOPES (Cont'd) Stamped (Cont'd) Deliveries by contract, 7397. Double-letter envelopes, 7396. Improvements in, 7398. Letter-sheet envelopes, 7396. - Not to contain engraving and print- ing, etc., 7389, 7390. Postmasters accountable for, 7399. Price, 7400. R; of, to be kept by postmasters, Return requests on, 7389-7392. Sale at discount to agents, 7401. Sale at post-offices, 7399. Sale, price, 7400. To be provided by Postmaster-Gener- al, 7389. ENVOYS EXTRAORDINARY See Diplomatic Officers. Absence without leave, 3199. IDiplomatic officers, 3116. Salaries, 3117, 3123, 3124. T; during which salary is payable, EPHEMIERIS Nºer of copies, style, distribution, Printing, number of copies, distribution and sale, 7057. Sale of, disposal of proceeds, 7057. “ºmber” of copies not to be print- €CI, (U38. EPIDEMIC DISEASES ACT See Epidemics. Text of act, 91.76–9178. EPIDEMICS Adjournment of courts, 9181. Appropriation for prevention of, 9173. 9173, Appendix p. 1796. Removal of customs wrevenue Officers to other ports, 91.79. Removal of Offices from Washington in case of prevalence of, 9180. Cost reported to Congress, 3256. Removal of prisoners, 9182. Removal of volunteers from Branch Home º gºbled Volunteer Soldiers in case Of, º EPILEPTICS Alien immigrants excluded, 4289%b. Employment of aliens on passenger Ves- sels, 4289%.S.S. - - EQUAL PROTECTION OF LAWS Guaranty of (Const. am. 14, § 1). Philippines, 3810. Porto Rico, 3803a.a. EQUIPAGE Lost in military service, 6390-6400. EQUIPMENTS Army, purchase of products by President, order to be obligatory and to have preference, 31.15g. Sale, etc., prohibited, 6941. Colleges, issuance for military training, 2289a. - Disciplinary Barracks, supply to offenders in, 2458a.(6). - Enlisted reserve corps, 1892e. Federal controlled transportation tems, 31.15%f. Life-saving service, ceeds of sale, 8467. Lºhouse service, Sale of condemned, 451. - Sys- disposition of pro- Militia, appropriations for, 3054, 3059-3067, Naval militia, 3078a, (4). National guard, 3044S. Naval militia, issue of Without charge on appropriation, 3078a.(4). Naval vessels, life-saving dress, 2780. Parcels post system, 7322, 7327. Red Cross Association, issuance to, 1963 a, b. Reserve officers’ training corps, issuance to, 1881k. Sale for use of militia rifle clubs, 3071. Schools, issuance for military training, 2289a. Training camps to be supplied, 3071b. Transportation, 322 Vessels, appraised Value of equipage turn- ed in to be credited to appropria- tions, 6762a. Appropriations, equipment outfits to be charged against appropriation “increase of the navy construction and machinery,” 6762C. GENERAL INDEX IPage 21 05] [References are to sections, except where otherwise indicated.] EQUIPMENTS (Cont'd) Vessels (Cont'd) In foreign and coasting trade on northern, etc., frontiers, customs duties, 5826, 5827. Of United States, admitted free of duty, 7709. EQUITABLE DEFENSES Actions at law, 1251b. EQUITABLE LIENS Enforcement, absent defendants, 1039. EQUITY See Evidence ; Injunction ; Instruc- tions, Pleading ; Questions for Jury. g Costs, see Costs. Decrees, see Judgments and Decrees. Masters in chancery, see Masters in Chancery. . * Reference, see Reference and Referees. Adequate remedy at law, 1244. Appeals to supreme court, time for tak- ing, 1649. Transcripts, 1654. Appointment of committee or trustee for insane persons, 93.17. |Bonds, not required of United States, 1661. Commitment of indigent insane of Dis- trict of Columbia to insane hospital, 313 Costs, plaintiff or petitioner recovering less than certain amounts, 1609 Depositions, how taken, 1476. Pºlet courts always open as courts of, Docket fees, 1878. Equitable defenses in actions at law, b. Final record, 1604. Forms and modes of proceeding, 1536. Jurisdiction, district courts, 991(1). District courts, restraining violation of Clayton Act, 8835n. Supreme Court, to prescribe forms, procedure, etc., by circuit and dis- trict courts, 1543. Territorial courts, 3457. Mode of proof in, 1470. Pleading, amendment to change action to law side of court, 1251a. Removal of causes, 1010. Several defendants, part not served, 1032. Suits in, against combinations in re- straint of trade, 8823-8829. Against combinations in restraint of trade, Federal Trade Commission as master in chancery, 8836g. By applicant for patent after rejec- tion of claim, etc., 9460. Deprivation of civil rights, 3932. Tènforcement of tariffs, common car- riers, prohibition of discriminations, etc., 8599 - For infringement of copyright, 9557– 9558. For infringement of patented design, 9476, 9477. For infringement of patent, tion and damages, 9467. Interfering patents, 9463. To obtain evidence of premium paid to purchaser at public sale of public lands, by person suing for same and for relief, 4783. Proceedings to subject real estate to payment of internal-revenue tax, 9 Against United States, 1577. For unlawful inclosure or occupancy of public lands, 4998. Transfer of cause to other division, by agreement, 1040. Trial of issues of fact in patent causes, injunc- venue of suits in Michigan, 1073. Writs of ne exeat, 1238. ERROR, WRIT OF See Appeals : Assignments of Error; Circuit Court of Appeals ; Supreme Court of United States. Actions, tried without jury, 1668. Amendment, 1664. ‘When allowed, 1664. Amount in controversy, 1218. Assignment of errors, 1653. . Bail when criminal case removed fro State court, 1681. Bankruptcy proceeding, 9609. Pond, when and how required, 1660. Wºr sued out by United States, etc., intervention of £RROR, WHIT OF (Cont'd) Capital cases, 1703. Circuit court of appeals, see Circuit Court of Appeals. Citation, 1658, 1659. Signing and notice of, 1658, 1659. Civil rights laws, proceedings under, 3930. Contempt proceedings, 1245c. a Copy of, to be filed and security given to obtain Supersedeas, 1666. Cºlent orders, judgments or decree, COsts and damages for delay, 1671. Cº.; of appeals District of Columbia, 27. Criminal cases on behalf of United States, 1704. Unaffected, 1704a. - Damages for delay, and single or dou- ble costs, 1671. District courts, 1215. Alaska, 1125, 1224. Where heard, 1126. Hawaii, 1215, 3727. Porto Rico, 3785. Time for taking, 1228a, 1649. In forma pauperis, 1626. Issue by clerks of district courts, 1663. Judgment or decree on review, 1669. Jury trial, restrictions on re-examination (Const. am. 7). Procedure, 1646–1673. Proceedings for condemnation of obscene matter and lottery tickets unlawfully imported, 5301. Hemand, 1670. Rºis by Judicial Code not to affect, Reversal upon, for error in ruling plea in abatement other than, etc., or error in fact, 1672. State courts, 1214. - Precedence of criminal cases, 1230. From Supreme Court, issued in same manner and With same effect as to circuit court, 1662. Suit against United States, 1578. Supreme Court, see Supreme Court of |United States. suprºº, Courts of Territories, Arizona, Hawaii, 1223. New Mexico, 1222. Philippine Islands, 1225a, 1225b. Territory becoming a state, 1226. Wº; to be annexed to and returned with, IESCAPE Allowing prisoners to escape, 10308, 10309. Army, punishment for suffering escape, 2308a, art. 73. Escape, foreign fugitives after extradi- tion from Philippines, 10.125. Prisoners, allowing, 10308, 10309. Foreign fugitives in Philippine Islands after extradition, 10.125. Fugitives from foreign country after extradition, 10118. Interned persons, 10182n. Prisoners in navy, 2969(17, 18). ESCHI BILL See Hours of Labor. Hours of Service on Railroads, 8677–8680. ESCRIEAT - See Forfeitures. Hawaiian lands, porations, 3697. Land of religious or charitable corpora- tions in territories, 3489. Lands of aliens in territories, 3492. Proceedings, 3494, 3495. Moneys paid into court and remaining unclaimed, 1645. Pensions of certain Naval Home benefi- Ciaries, 9208a. ESEKIMOS Alaska, education, 3607. Homestead allotments to native Indians in Alaska, 5096. IESPIONAGIE Causing, etc., insubordination, etc., military or naval forces, 10212c. Collecting, etc., information regarding movement, etc., of armed forces, etc., of United States, 102.12b. excess owned by cor- in Communication, etc., of document, etc., for use to injure United States, 102.12b. To persons not entitled thereto, 102.12a. Conspiracy to communicate, etc., docu- ment, etc., for injury to United States, etc., 10212d. ESAE ion AGE (Cont'd) Harboring or concealing persons violat- ing provisions of law relating to, 10212e. Jurisdiction of prosecutions, 10212g, 1051.4b. Making, etc., false reports, etc., with in- tent to interfere with operations, etc., of military and naval affairs, 102.12c. Making, etc., sketch, etc., of matters Con- nected with national defense, 102.12a. Obstructing recruiting or enlistment, 102.12c. - Obtaining information concerning ves- sel, etc., of United States, 102.12a. Partial invalidity of act, 105.14d. Permitting removal, loss, etc., of docu- ment, etc., 10212a. - Places subject to provisions relating to, 10212h. Prohibited places, designation of by proclamation, 10212f. Prosecutions under prior laws, 105.14c. Refusal or failure to deliver document, etc., on demand therefor, 102.12a. Search warrants, 10496%a-10496%.V. United States defined, 10514a. |Use of mails, 10401a–10401d. ESTATES Bankrupts, see Bankruptcy. e Decedents, see Eaxecutors and Aldºmin- (istrators. . Conviction not to work forfeiture of eS- tate, 10498. Income tax, 6336b [b]. Exemptions, 6336g. JESTATE TAX - º Additional agents, etc., for collection of, 5859c. 5859c, Appendix p. 1778. Additional tax, amount, 6336%bbb. Exemptions, 6336%bbbb. Application of other laws, 6336%l. Assessment by commissioner, 6336%f. Bona fide purchasers, protection 6336%h, 63.36%j. Deductions allowed, 63.36%d. Definition of terms, 63.36% a. Discount for prompt payment, 6336%.e. Effective date of act, 6371b. Executor’s appointment, notice to collec- tor, 63.36%f. Exemption, 63.36%d. Gross value of estate, 633.6% c. Inadequate payment, interest on balance, 6336%h. - Interest on amount due, 6336%.e. Interest on balance due, 6336%h. Lien, for balance due, 6336%h. Upon decedent’s estate, 6336%j. Litigation to defeat tax, not to affect a C- crual of interest, 63.36% e. Net value of estate, how determined, 6336%d. Notice of executor’s qualification, 6336%f. Other laws made applicable, 63.36% l. Partial invalidity, effect, 6371a. Payment, 6336%h. United States bonds receivable, 68290. Penalties for violation of act, 6336%k. Proceedings for collection, 6336% i. Rate, 63.36%b, 6336%bb. Receipts for payment, force as, etc., 6336%h. Refundment, 63.36% h. Regulations, 6336%m. Reimbursement from estate to person pay- ing tax, 6336%i. - Return to internal 6336%f. . Sale of decedent’s property on nonpay- ment, 63.36%i. Time when due, 6336%.e. Transferee of property, liability for tax, 6336%j. Trustee of property, 6336%j. United States bonds, 6829ee. War Finance Corporation bonds, ESTIMATES . See Special Estimates. Additional estimates to follow form of original, 6672a. Additional explanations, when, 6685. Alaska cable or telegraph lines, extension, 6704. Book of, 6732. All estimates to be included, 6672. - Extracts from reports to be included, 6739. Statement of appropriations of current years, 6738. Of, how determined, evidence, revenue collector, liability for tax, 31.15%i. GENERAL INDEX IPage 2106] [References are to sections, except where otherwise indicated.] EğTIMATES (Cont'd) Book of (Cont'd) Statement of proceeds of sales of old material, etc., 6742 - Separate from, 6743. Submitted to Congress annually by Secretary of Treasury, 6732. Buildings rented in District of Columbia, 6683, 6684. Bureau of Immigration and Naturaliza- tion, division of information, 6730. Mines, personal services required per- manently and entirely in, 67.14a. California. Débris Commission, 10011. Capitol Building and Grounds, care of, Changes and improvements, 3381. Census Office, 6728. Clerk hire in office of disbursing clerk for payment of pensions, 6716. Coast and Geodetic Survey, 6675. Columbia Institution for Deaf, 9349, 9354. Commissioner of Internal Revenue, 6741. Compensation of officers, 6678. Shipping commissioners and clerks, 8141. Condition of business in Departments, etc., 6680 Cost of irrigation projects in Indian res- ervations, 4205a. - Customs duties, collector to make, 5359. Naval officer to make, 5364. Customs Service, 6689. - Submitted by President, 5327. Dann at Lake Erie Outlet, cost. 9984. Department of Agriculture, 838a, 6723a. Meat in Spection, statement as to per- Sons employed, etc., 8681 (22), 8682. Officers, District of Columbia, 6721. Order and arrangement, 6721. Department of Commerce, 6724. Department official designated to super- vise, 6736. Department of Labor, 6729. - Diplomatic and consular service, 6697. Buildings and sites for diplomatic and consular establishments, 3209. Rºnd expenses at consular offices, Domestic production and consumption o dutiable articles, 5315. - Employés’ Compensation commission, 89.32pp. Equipment for mailing documents trans- ferred to public printer, 7171. Estimates exceeding revenues to be trans- mitted to President, 6737. Expenditures from tribal fund contents, transmission, 398a. - Explanations of new items, 6685. Federal Farm Loan Board, 6696a. Federal Farm Loan Bureau, 6696aa. Federal Reporter, 1206. Federal Trade Commission, 6728a. Feeble-minded of District of Columbia, expenses of instruction, 9350. Fish Commission, officers, clerks, 6727. - Foreign trade relations, expenditures, 293. Former appropriations, 6738. * . Form of, 6735. Order and arrangement of appropria- tion acts for preceding years to be followed, 6672. - Fortifications, construction or moderniza- tion of batteries, etc., 6702. Insular possessions, 6703. Freedmen’s Hospital and Asylum, 67.17. Geological Survey, 6675. Detailed statement of number and ºpensation of persons employed, Items, 6713. Rººts not to be published without, Heads of departments to communicate to Secretary of Treasury, 6671. House office building, 3383. Hydrographic office, 6675. Immigration, expenses of regulating, 6731. Indian service, 6715. Detailed statement, 6789. - Personal services in Indian office, 670. Insular and territorial force within juris- diction of Department of Justice, ex- penses, 6719. - - Internal revenue service, 6741. Irrigation works, cost of, 4701. Judgments, payment of, 6688. Laundering paper money, 6692. Light-House Establishment, 6725, 6726. Lump sum appropriations, statement re- §." With, method of preparation, 6740, a. etc., ESTIMATES (Cont'd) Meat inspection, 8681(22), 8682. Military posts, 1979a. Mints and assay offices, 6523. Parting and refining bullion, 6691. National cemeteries, care and maintenance of, 9369. - - National debt, refunding, 6687. National forests, expenditures, 5143. expenses, 509, National Home for Disabled Volunteer Soldiers, 9257, 9274. National parks, 6718. | Navy department, 648-650, 653, 6675, 6705. Naval pension fund claims, 6708. IPay of Navy, 6706. Statement of number and salaries, of persons employed, 6707. Year 1914, 624. - - Panama Canal notes as to Officers, etc., paid, statements of unit cost Of Con- struction, work done and proposed to be done, 6731a. - Parting and refining bullion, 6691. Postal service, 6709–6712. Free delivery service, 6712. Items, 6709. Money order service, 67.11. Railway mail service, 6710. Supplies, 6709. - Printing and binding, 6674, 6676. Congress, 7174. Geological Survey, Signal Service, etc., 6675. Military Secretary’s Office, 6677. Public printer to furnish, 6982. Cost of public documents, 7039. Documents not provided for by law, 7035. Extra copies of documents, 7033. Government printing office expenS- es, 6981. Materials required by foremen of printing and binding, 6988. Paper required, 6980. Printing or binding for depart- ments, etc., 7172. Publications, 7166. Salaries, etc., of clerks and em- ployés, 6983. Public buildings, 6795. Preparation in office of supervising architect, 6915. Public buildings and grounds in District of Columbia, 3309. - Public contracts, excepted from require- ments of statements in lump Surn ap- propriations. 6740. Public Health and Marine-Hospital Serv- ice, 6694. - | Public revenue and expenditures, 389. Public works, 6681. Rearrangement, 6673. - Reports in, expenditures for repairs, etc., of public buildings, 6696. Number and salaries of inefficient em- ployés, 6679. Persons employed at mints and assay offices, 6690. - Persons employed on public buildings, 6695. Revenue Cutter Service, 6693. River and harbor improvements, 6699, 9866. Secretary of Navy, demands on appropria- tions, 648. Secretary of Treasury, public expenditures, 386. • -". Secretary of War, cost of carrying out na- tional defense act, 3055. Maintenance of public rifle ranges, . 30708, Signal Service, 6675. - Special or additional, restrictions on, 6672. Statements, buildings, rented, 6682. Lump sum appropriations, 6740. Outstanding appropriation, 6686. Proceeds of public property, etc., and payments therefrom, 6744. sºtence Department of Army, 745. Proceeds of sale of old material, 6742. Separate from Book of Estimates, revenue and Steamboat inspection service, salaries and expenses of, 8223. - Submission to Congress, 6732. Time, 6735. Subsistence, per diem allowances to rates of, 3236b. - Supreme Court reports, 1205. \ State ESTIMATES (Cont'd) Territorial expenses, 3431, 3475. Rººn by Department of Interior, 3. - Time for furnishing to Secretary of Treas- ury, 6734. - . Tranſpºſation of Army and supplies, Submission to Congress, 6735. Tribal funds, receipts and expenditures, contents, transmission, 398a. Trusses for soldiers, 6701. |United States Penitentiary, land, Washington, 6720. War risk insurance, 514l. Work on roads and trails in 3602a, Appendix p. 1775. - ESTOPPEL - - - - Surety company estopped to deny corpo- rate powers, 3299. - ETHIER, - Denatured alcohol used in the manufac- ture of, may be withdrawn from bond free of tax, 6133. - IETHNOLOGY • . Bureau of, bulletins of, size, 7099. Facilities for research accessible to students, etc., 9382, 9383. . . Reports of, printing, number of copies, distribution, 7061. EUILOGIES - Deceased Congressmen, printing, binding, Inumber of copies, distribution, , 7086. IEWARTS ACT - See Circuit Court of Appeals. Circuit Courts of Appeals, 1108, 1112, 1114, 1116, 1118-1121, 1124, 1215-1218, 1236, 1376, 1409, 1410, 1646–1648, 1651, 1670. - - McNeils IS- Alaska, EVIDENCE - See Depositions ; Discovery 3 DOCºw- 771 erºts ; Witnesses. t General provisions, 1464-1533. Acknowledgment of assignment of copy- right abroad, 9564. Admiralty causes, 1470. Agency for lotteries, etc., 7573. Appraisal of merchandise, preservation, 5596 Arbitration, between carriers and em- ployás, 8670. - Of seamen’s claims, 8343. Auditor of Porto Rico, proceedings before, 3803gg. Authentication, legislative and judicial proceedings of States, and faith giv- en thereto, 1519. + Of records and books in public Offices of State, Territory, or county, 1520. Authority to take testimony, agents to manage seal fisheries in Alaska, 8864. Collectors and deputy collectors of in- ternal revenue, 5885. Examiners in connection with physical valuation of property of common carriers, 8591. Special agents or examiners, 8592. Bankruptcy proceedings, 9605. Bill of sale of goods against delinquent collector of internal revenue to be, 5941. Bills of health of ships, 9160. Books and invoices in customs cases, 5799. Burden of proof, Chinese, arrest on being unlawfully in United States, 4317. Claimant of, distilled spirits seized for violation of law, 6130. Property seized under customs and tonnage laws, 1532. Claiming collected internal revenue taxes on a second assessment made on alleged fraud, 5948. - Customs revenue cases, 5791. Deportation proceedings, 4289%jj. Excuse to deliver goods to holder of order bill of, lading, 86046d. Munitions tax hearing before Commis- sioner of Internal Revenue, 63.36%g. Opium time of importation of, 8801a. Rates of common carrier, propriety of increase, 8583. Recovery of taxes collected on Second sºrsments made on alleged fraud, 948. . . . Seaman’s Wages, 8336. - . . Seizure under impost or tonnage laws, etc., when on claimant, 1532. - Solvency of alleged bankrupt, 9587. Trial of right of property between In- dians and white persons, 4118. Catalogue and index of copyright registra- tions and assignments, 9577. GENERAL INDEX EVIDENCE (Cont'd) - - Certificates, of appointment of , alien property custodian, 31.15% d(e). . ." Of comptroller of currency, 1496. Of consul as to posting of quarantine || regulations, 9158. Of marriage as evidence, 10492. Of organization of national bank, copy as evidence, 1497. Of registration of copyrights, 9576. Of registration of patents, trade- marks and copyrights at Panama- Pacific Exposition, 9525. Claim for bounty-land, 4843, 4844. Claims adjudicated by executive depart- #ºntº or bureaus for Attorney General, Clayton Act, proceedings to enforce, 8835.j. Commerce cases, 996. Consular Courts, manner of taking, 7642. Contempt proceedings, to be preserved by bill of exceptions, 1245c. Contested elections of members of House of Representatives, 163-186. Copies of books, records and documents, 1494–1496. - Acts of congress, 1526. Bankruptcy proceedings, 9605. Of bonds of clerks of courts, 1322. Of circuit courts, 1266. Of entry of appointment of district, court attorney or marshal, 1318. Of foreign records of land-titles in United States, 1521. In general land office, 701, 709, 710, 1504 In interior Department, 677. Of journals of Congress, 1508. - Of jist of crew of vessel as evidence, 8365. Little & Brown's edition of United States Statutes at Large to be, 1522. Of marshal’s bond, 1307. Naturalization proceedings, 4383. Of new books of certain courts in Florida, Iowa, Kansas, Minnesota, North Carolina, Texas, and Wiscon- sin, 1510, 1511. In office of commissioner of Indian af- fairs, 720, 721. In office of Comptroller of CurrenCy, 1496. In ºffice of solicitor of the treasury, - 1495. - An office of surveyor general, 4458, 4459, 4464. - In offices, of consuls, etc., 1509. Of organization certificate of national banks, 1497. - - Of papers, etc., in naturalization pro- ceedings to be evidence, 4383. Of papers filed with Interstate Com- mérée Commission, 8584. - Of papers relating to registered trade- marks, 9496. - - In Patent Office, 1505–1507, Of Post-Office records, statements, etc., in civil and criminal cases, 150%, 1503. Of power of attorney to agent of Sure- ety company, 3294. - - Of protests and declarations received by consular officers, 3160. Of record of agents to receive pay- ments on reclamation entries or War || ter rights, 4731, 4732a. Of record of courts lost 1513–1518. * Of records of registers and receiverS, 4474 or destroyed, 4474. In returns office of Interior Depart- ment, against officer making same, etc., 1501. - Of Révised Satutes, 1523. of specifications and dra Wings of for- eign letters patent, 1506. Of statements of demands by post-of- fice departments, 1503. In suits against persons accountable for public money, 1498. In treasury department, 1498, 1499. Court of claims, commissioners to take testimony, 1154–1162. Furnished to executive departments or bureaus by Attorney General, 270. Courts-Martial, 2308a, art. 27. Court of inquiry proceedings as evi- dence, 3031. Erroneous ruling, Trials, 2308a, arts. 22-27. - - Customs cases, invoice, exclusive evidence as to value, 5540. . Testimony of accomplices, 5805. Customs officers, suits for seizures, admis- sibility under general issue, 5776. [Referenc - | EVIDENCE (Cont'd) - effect, 2308a, art. 37. [Page 2107J es are to sections, except where otherwise indicated.] Depositions, see Depositions. - Documentary evidence, compelling pro- duction by United States Tariff Commis- Sion, 5326g. - - Equal right of all persons to give, 3925. Equity causes, 1470. . Proceedings for enforcement of tariffs, prohibition of discriminations, etc., | tendency, to incriminate no eXCuSe, prosecutions not to be based upon, 99. . Estate tax, receipts for payment, 6336%h. Experts, 4289%i. IExtradition proceedings, warrants, depo- sitions, and other papers and copies ad- | missible, 10111, 10116. - False evidence to procure second-class - rates for publications, 10393. Federal controlled tränsportation SyS- tems, proceedings to determine Com- pensation, 31.15%.C. w Findings of board of survey to Value seized vessels of alien enemies, 8146s. Former, to establish pension, admitted in certain bounty land cases, 4844, 4847. Grain standard act, findings of Secretary of Agriculture under, 8747%.e. Grantors to government to furnish evi- dence of title, 6904. Hand writing, comparison, 1471. Immigration, officers to receive, 4289%i. Immunity to witnesses in proceedings un- der interstate commerce and anti-trust laws to extend only to natural persons, etc., 8580. Income tax, proof on hearing on returns, 6336r. Internal revenue, absence of Stamps as eY- - idence of non-payment of tax, 6182, 6208. Estate tax, 6336%h. - Record of sales of property on non- payment, 5925. receipts for payment, Interstate Commerce Commission, applica- bility of existing laws, 8579. Compelling before, 8579. Documentºry evidence, schedules, Con- tracts, reports, etc., filed with Com- Imission, 8584. Investigation of use of block signal systems, 8640. - Judicial notice, 8586. Proceedings before, witnesses not to be prosecuted or subjected to any penal- ty or forfeiture on account of, 8578. Production of documentary evidence, seal of Commission, 8576. . Published reports of, 8582. Judicial notice, federal Trade Commis- sion, seal, 8836a. ~ Seal of, Department of Commerce, 853. Department of Labor, 932. Interstate Commerce Commission, 8586. United States Shipping Board, Seal, 8146b. Lost records and papers, 1513–1518. Marriage, claimants of War risk in Sur- ance, 514 mmm. . Negroes and Indians under pension laws, 8988. White men with Indian Women, gen- eral repute, 4105. Naturalization proceedings, residence, character, etc., of applicant, 4352, 4369. oºney of town-site lots in Oklahoma, Official papers or records produced by Wit- nesses before congress, 1467. Pensions, record evidence of enlistment, etc., 9038. Perpetuation, depositions, 1477, 1478. Possession, game in Yellowstone National Park, 5193. Goods imported unlawfully, 5785. Opium as, 8801, 8801b. - sººkins. etc., of unlawful killing, Presumptions, continuance in military service of persons reported missing, 3078%r. Death of enlisted man or officer after ºn years, under pension laws, Disability of pension applicant, 8943. Expatriation of naturalized citizens, evidence to overcome, 3959. Possession of opium, 6287n. Refusal to transport destitute seaman, Seamen's wages, 8336. |BVIDENCE (Cont'd) Presumptions (Cont'd) Tºmation of pensions not claimed, ... Time of importation of opium, 8801a. . . Prima facie, absence from country as evi- dence of lack of intention to become citizen, 4374. Absence of stamp, evidence of non- payment of tax, 6110, 6159, 6182. Accumulations by Corporation, etc., as eVICience of fraud to evade income tax on individuals, 6336c. Alteration, etc., of stamp for playing Cards as proof that it has been re- used, 63T4. Certificates, able seamen, 8363a. Agents of department of agricul- ture 31.15%d. - - Identity of Chinese entitled to en- ter, 4293. - - Military service, 3078%r. Deed to property sold for non-payment of internal revenue tax, 5921. Demand for information as to cotton seed and products thereof, registered receipt, 4434c. Forfeitures for violation of shipping board act, S146r(3), Appendix p. 1790. Findings and orders of Interstate Com- merce Commission in proceedings for enforcement of orders for payment of money, 8584. - Judgment in suit for violation of Anti- Trust layws, as evidence in other pro- ceedings, 8835e. - - Land grants given for service in War with Mexico to be evidence of en- listment and honorable discharge un- der pension laws, 9038. . . Land grants to soldiers, etc., to be evidence of service and honorable discharge under pension laws, 9054. Notice from president that person is enemy or ally of enemy, 31.15%d (3). Payment of liquor taxes in District of Columbia, as evidence of keep- ing liquors, 342.1%gg. Possession of, carrier pigeon, 10212h94. Game as, 52276, 5230d, 52480. Liquor in Indian country as evi- dence of unlawful introduction, 4144a. Sponges, 8867. - Record of shipments Alaska, 3643e. - Records of carriers transporting liq- of alcohol to uors into District of Columbia, 342.1%b. g Report of board to , determine, cºm; pensation of federal controlled transportation systems, 31.15%g. Return or list of property Subject to internal revenue tax when made by collector, 5899. Supplement to Revised Statutes, 7108. Valuation of property of Common Car- riers, by Interstate Commerce Commissipn, 8591. Procedure when conflicting evi- ... dence offered, 8591. Violation of liquor laws, in Alaska, 3643j, 3643nn. In District of Columbia, 3421%ff. Production of books and writings, 1469. Before immigration inspectors, 4289 %i. - Of federal controlled transportation systems, production, 31.15% c. Under War Risk Insurance Act, 514kkkk. Protest of notaries public in Alaska, 3581. Provisions concerning witnesses and evi- dence, 1464–1533. Quantity of materials used in producing fermented liquors not to be evidence of evasion of law, 6145. w Receipt for registered mail, 7410. Records of carriers transporting liquors into District of Columbia, 3421%b. Registers and receivers, fees, 4473. Registration of trade-mark, effect as, 9501. Reports, examination of provisions for merchant vessel as evidence, 8354. - Railroad accidents inadmissible, 8637 (2), 8645. - - United States Shipping Board, compe- tency, 8146l. Resignation or refusal of office of Presi- dent or Vice-President, 221. - Revised statutes, 1528–1531, 7108-7111. Seamen’s claims, 8344. For wages, 8339, 8341. GENERAL INDEX [References are to sections, except where otherwise indicated.] EVIDENCE (Cont'd) . . . Seamen’s wages, 8336. - Search warrants, filing, 10496%q. Grounds for issuance, 10496%0. Seaworthiness of vessel, 8350. Second edition of Revised Statutes, 1528. Secretary of Agriculture’s findings under cotton futures tax act, 6309e. Seduction of passenger on vessel, 10454. Shipping-commissioners’ instruments, 8295. Special agents or examiners employed by Interstate Commerce Commission may receive, 8592. Supplement to Revised Statutes, 1529–1531. Pºiº facie, evidence of laws, 7108- 7111. . - Supreme Court to prescribe modes of ob- taining, in equity, etc., cases, 1470, 1543. Titlé to site and buildings for Smith- sonian Institution, 10580. Train robberies, 10495. Trials at common law, 1468. - Unstamped documents subject to internal revenue tax, 6318i, Appendix p. 1780. |Use in foreign countries, 7619-7622. Violation of fur seal act, 8844. Witnesses giving self-incriminating testi- mony, before either House, etc., 1467. Before Federal Trade Commission, 8836i. Before Interstate Commerce Commis- sion, 8573, 8577. - EXAMINATIONS See Federal Reserve Banks : Nation- al Banks ; Patents; Tea. Appointees and employés in census office, 4405. - Army, cadets, military academy, 2237-2240. Cadets, military academy, re-exami- nation, 2246b. Corps of engineers, 1841. Custodian of gymnasium at military academy, 2220. Dental corps, 1833a. Dental surgeons, 1833, 1833a. Electricians for artillery corps, 1726. Enlisted men, for promotion, 1918, 1919. Hospital stewards, 1228, 1825. . Medical corps lieutenant, 1809. Promotion, 1810. Medical separtment. dental Surgeons, 1833a, Master hospital sergeant, 1829a. Medical reserve corps, appointment, Nurses, 1831. . Officers of volunteer army, 2041. Ordnancé department, detail to, 1848. Officer, i849. Promotions, 1895, 1897, 1897a, 1899. Assistant veterinarian, 1724a. Between different branches, 1899c. Corps of Engineers, 1898, 1900, 1901. Enlisted men, 1916, 1917, 1920, 1920a. Judge advocate general’s depart- ment, 1775a. Board of review, 1775b. - Discharge upon failure to pass, 1775b. - - Re-examinations, 1775b. . Retirement of major upon fail- ure to pass physical examina- tion, 1775b. Lieutenant colonels, 1897a. Majors, character of, 1897a. Medical corps, 1807a, 1808, 1811. - . Ordnance Corps, 1898. - Ordnance Department, 1901-1903. Porto Rico regiment of infantry, 1753a. Officers, 1746, 1753a. Provisional pending examination, character of, 1810, Quartermaster Corps, 1779. Re-examination, 1899a. Signal Corps, 1904. Vacancies created by assignments to detached list, 1997a. Veterinary corps, 1724a. Volunteers, 1912. .. Quartermaster sergeants, 1787. Reserve veterinarians, 1724a. Transfer from retired to active list, 2073a, 2073b. * - Veterinarian in cavalry regiment, 1724a. - - Veterinary corps, 1724a. - Boards of examiners, appointment, 1724a. - - Reserve veterinarians, 1724a. Volunteer army officers, 2042. IPage 2108.1 EXAMINATIONS (Cont'd) Bankrupt, 9587, 9591, 9593, 9639. Wife of bankrupt, 9605. - Census Office, clerks and employés during || census period, 919. Civil Service, 3272. . - Applications, certificates of residence, 3283. . - Inspectors of locomotive boilers, 8630- Non-competitive examinations, 3272. Oath of residence, 3272. Place of examinations, 3284, 3284a. Rules for, 32.13. . Time for holding, 3274. Claimant in Court of Claims, 1157. Coast and Geodetic Survey officers, 8562b. Commercial attachés, Department of Com- merce, 854a. - Condition precedent for appointment un- der civil Service act, 3278. Consular assistants, 3158. Cross-examination of witnesses in Court of Claims, 1160. - - Department of Commerce, commercial at- tachés, 854a. . Depositaries of public money, 6653, 6654. Food and drugs, 8719, 8720. - Insecticides and fungicides, 8768. Judge-Advocate, cancies, 1775. - Lighthouse keepers, necessity as condition to receiving benefit of medical relief, 8448a. Mariº, corps, determination of rank, 2903f. Examining boards at foreign stations, 2619a. Promotions, 2924a. Loss of numbers in lieu of Suspen- Sion from promotion on failure to pass, 2904a. - Rºintment of staff officers to line, # T. . Retired officers transferred to active list, 2952b. Medical, of alien passengers, 4289%i. Militia, examinations for list of persons Specially qualified to hold commis- sions in navy, etc., 3078b (6). Naval militia, detail of officers for, 3078a.(22). United States service, 3078a (34). Officers of national guard, 3044n. Lnited States service, 3045, 3048. Naval flying corps, 2952%d. Commissions, on qualifying for aero- nautic duty, 2952%h. To lieutenants junior grade quali- fying for aeronautic duty, 2952%h. To lieutenants qualifying for reg- ular service, 2952%i. To student flyers qualifying as avi- ators as enSigns for aeronautic duties only, 2952%p. Lieutenants qualifying for aeronautic duties on transfer to reserve flying corps, 2952%j. Promotion of acting ensigns and act- ing first lieutenants, 2952%f. Student flyers, 2952% n. For qualification as qualified avia- tors, 2952%.o. - Naval reserve force, board of examiners, I 2900%a (11). Promotion, 2900%a (11). Rank or rating, 29.00%a (9, 10). Navy, ºppointments to naval academy, 2726b. Dental surgeons, 2501-2504, 2512. Board, appointment by secretary of navy, 25.11a. Examining boards at foreign stations, 19a. - Fleet naval reserve, commissions as boatswain, gunner, etc., 29.00%b (8). Hospital corps, pharmacists, 2514. Machinists, 2556. Naval Academy candidates, 2728, 2729. Nurse corps, 2518. Officers recommended for promotion, 2697g. . . Pay Corps, assistant paymasters, 2527. Clerks, 2537c. ~ Professional examination, 2689. Promotions, 2685–2700, 2708, 2709, 2712. Acting chaplains to chaplain, 2541a. . Acting enSigns appointment for engineering duties, 2482c. Assistant surgeon, 2498. Civil engineers, 2566. Engineer officers, 2481. Grades limited, 2687. Physical examination of appointment to fill va- EXAMINATIONS (Cont'd) Navy (Cont'd) Promotions (Cont'd) - Line officers assigned to engineer- ing duty, 2482a. - Marine Corps, 2904, 2905. Paymasters, 2528. Pay of officers delayed in, 2840. - Pharmacists in hospital corps, 2514. Physical examination, 2685. - Staff officers, 2700a, 2700a.a. Surgeons, 2496-2498. , - Suspension from promotion On failing in examination, 2700. - Retired officers transferred to active list, 2637a. Vessels, 2786. - - injured employé, 8354, 8932k-8932l. Pºsions for merchant vessels, Railroad safety appliances by Interstate Commerce Commission, 8640, 8641. Revenue-cutter service, cadets, 8459%b Revenue marine, 8459%b(17, 38). Seamen, to procure rating as able sea- men, 8363a. - State banks applying for membership in federal reserve banks, 9792(5, 6). Surgeons of Public Health Service, 9132. Teas, 8789-8793. - - - Vessel complained of by Seaman as un- seaworthy, 8346. - In foreign port, 8348–8352. commissioned officers, War risk insurance, persons injured, 514 ri". - Witnesses as to seamen’s claims, 8344. EXAMINERS - See Federal Farm, Loans; Federal Re- serve Banks ; National Banks. Eacaminer of claims for department of state, see Solicitor for Department of State. . Patent office, see Patents. Of accounts, etc., of common carriers di- vulging of facts, etc., punishable, pen- alty, 8592. Appointments to civil service, 3213. Civil service, selection, 3274. - Of claims for Department of State, 521- Customs, assistant appraiser at New York to perform duties of, 5627. Drugs, medicines, etc., oath, 5355. New York, appointment, qualification and oath, 5629. - Not to engage in business, 5630. Department of Interior, 669. Examining board for government printing office, 6975. - Examining surgeons, certificates of, Sub- ject to approval of Commissioner, 8973 - Civil surgeons may be appointed as, 9106 - May be required to make special ex- aminations, fees of, in special cases, reports, inspection of, 9.103. Medical referee may be appointed to examine, etc., reports of, 9105. Pension cases, 9100–9106. Pension-Office, 731. Federal Trade Commission, employment and compensation, 8836b. - Interstate Commerce Commission may ap- point for physical valuation of com- mon carriers, 8591. Power to administer oaths, etc., 8592. Naval vessels, cost of repairs, 2781, 2782, 6. Navy, of examination, 2698. Powers, 2692. For promotion, 2691-2694. In Marine Corps, 2904. Records, 2694. Rejection of officers without examina- tion, 2696. Report and recommendation, 2697. Blevision of findings, 2695. Suspension from promotion on failing - in examination, 2700. . Pºhment for violation of duties by, 3276. Title examiners in Department of Justice, conclusiveness 8 526. United States Shipping Board, employ- ment, etc., 8146bb. . United States Tariff Commission, employ- ment, 5326b. - GENERAL INDEX [Page 2109] [References are to sections, except where otherwise indicated.] EXCAVATIONS Archaeological sites, 5280. Mesa Verde National Park, 5240. EXCEPTIONS In statutes, negativing in pleading unnec- essary in prosecutions for violation of opium act, 6287n. EXCEPTIONS, BILL OF How authenticated, 1590. On trial without a jury, 1668. EXCESS PROFITS TAX Act March 3, 1917, c. 159, §§ 200–207 re- pealed, 6336%0. Additional tax on excess net incomes of persons, etc., engaged in trade Or business, amount of, 6336%b. Exemptions, 6336%b, 6336%c. . Amount of on trade or business having no invested capital, etc., 6336%j. Assessment, laws applicable to, 6336%m. Bonds of War Finance Corporation, 31.15%i. e - Collection, Iaws applicable to, 6336%m. Credit for amounts paid under Act March 3, 1917, c. 159, §§ 200-20.9n tax im- posed by present act, 6336%0. Credit in returns to net incomes for purposes of income tax of amount of excess profits tax imposed and assess- ed for calendar or fiscal year, 6.336 yy. Data, etc., to be furnished by corpora- tions, etc., 6336% n. - Deductions, corporations, etc., having no net income during pre war period, 6336%f. - Corporations, etc., having no net in- come, etc., during pre War period, claims for abatement, 6336% f. Determination of percentage., of net income to invested capital, 6336%f. Corporations, etc., not engaged in business for whole of Calendar year, 6336% e. - Corporations, etc., organized, etc., after January 2, 1913, 6336%.e. How made, 63.36% d. Definition of terms, 63.36%a. Engaged in trade or business, 6336%b, Invested capital, deductions when not determinable, 63.36%k. How determined, 6336% h. Reorganized, etc., trade or busineSS, 6336%i. Laws applicable to administration, etc., 6336% m. Net incomes, how ascertained, 6336%g. Payment, certificates of indebtedness re- ceivable for, 633640. Laws applicable to, 6336%m. Uncertified checks receivable 6336dq. Regulations by Commissioner of Inter- nal Revenue, 6336% n. Returns, domestic "partnerships, 63.36%l. Foreign partnerships, 6336% l. Laws applicable to, 6336%m. EXCHANGE See Federal Reserve Ba?vks. Apparatus and equipment, department of agriculture, 814a. Banks not to charge on postal savings deposits, 7587. Books, department of agriculture, 814C. . Canada, copies of patents, 757a. Condemned machinery, etc., in govern- ment printing office, 6975. Congressional record for foreign parlia- mentary records, 7126. Copies of patents with Dominion of Can- ada, 757a. Department of agriculture, books, 814c. Scientific apparatus and laboratory equipment, 814a. Documents by heads of departments, 7177. Geological Surveys monographs and bul- letins to be published for scientific ex- changes, 7151. - Gold coins for gold bars, 6464, 6525. rºy equipment for National Guard, 3. for, Insane hospital, surplus products and Waste material, 9331. Tºriters and other equipment, a. Lands in, North Dakota, 4529a. Wind Cave National Park for other lands, 5235. * Laundry machines, etc., St. Elizabeths Hospital, 9331b. EXCHANGE (Cont'd) tººl money for subsidiary silver coin, Library of Congress, copies of documents : and reports for, 7022. - Documents furnished for, 7026, 7028. Live Stock, military prison at Fort Leav- enworth, 1056°a, Appendix p. 1800. Minor coins, 6495. Motor vehicles, army, 1972aa. By Secretary of Agriculture, 814bb. National banks may buy and sell, 9661. Official Gazette of Patent Office, for other Scientific publications, 7093. Patents, copies of, exchange with Domin- ion of Canada, 757a. Private lands over which reservation is extended, 4527. Public funds by disbursing officers and others restricted, 6638. 6655. Rights of way for lighthouse service, 8432a. sº machines, etc., in marine corps, al. Silver coin for legal-tender, notes, 6545. Silver coins for gold coins, 6490. Smithsonian Institution, typewriters, ex- change, 10585a. sºlary silver coin for lawful money, Timber in Yosemite National Park for lands, 5218, 5.219. Typewriters, adding machines, etc., 6885a. Smithsonian institution, 10585a. TJnited States bonds, 6821. United States 2% bonds for outstanding 5, 4 or 3% bonds, 6825. Unparted bullion for fine bars, 6515, 6516. EXCHANGIES Holding and storing food and necessaries, 31.15%qq. Internal revenue tax on sales of produce on, 63.18a, 6318h. Military post exchanges, 1987, 1990. Returns by brokers doing business on for purposes of income tax, 6336xxx. TEXCISE See Collectors ; Internal Revenue. cº, power to levy (Const. art. 1, § , C1. 1). Uniformity (Const. art. 1, § 8, cl. 1). EXCISE BOARD District of Columbia, abolished, 342144s. EXCLUSIVE PRIVILEGES Patents and copyrights, power of Con- gress (Const. art. 1, § 8, cl. 8). Yellowstone Park, prohibited, 5202, 5203. EXCURSIONS Common carriers may issue excursion tickets, 8595. Exception from requirement of Water tight bulk heads, 8261. Special permits to carry additional pas- sengers, 8230. EXECUTION See Eagemptions. Supplementary proceedings, see Sup- plemental Proceedings. Appraisement of goods taken in, under authority of State, 1639. Customs suits, recitals and satisfaction, coupon for registered Death penalty to be by hanging, 10497. Discharge from arrest or imprisonment under, according to State laws, 1637. Discharge of poor debtors, 6377. Exemptions, compensation under War Risk Insurance Act, 514tt. Property transferred to alien prop- erty custodian, 31.15% e. Federal controlled transportation tems, 31.15%m. Fees of marshal for service, 1386, 1393. Fines, enforcement by, 1705. Goods shipped by interstate carrier, 86041. Interstate carrier, goods shipped, 8604l. Judgments, on account of Postoffice De- partment, 1301. For duties, etc., to require satisfac- tion in coin, 1600. Agºst residents in different districts, 103 sys- Of Supreme Court, 1214, 1669. For use of United States, run, 1632. Lien, creation of new district, 1042. National banks, not to issue from state courts, before, etc., 9834. Officers of House of Representatives or enate Withholding, 117. Where to EXECUTION (Cont'd) Penalty, enforcement by, 1705. Persons in military service, 3078%d, 30.78%dd. Poor debtors, subsequent execution after release of, 603. - - Process to sell lands, etc., to, and deed by, Successor of marshal, 1643. Remedies in, in common law causes in district courts, 1540. Returns of proceedings on, by marshals, 1316, 1317. Revenue officer, in suit against him for ; done, etc., or money exacted, etc., State containing more than one district, where to run, 1631. Stay for one term according to State laws, 1634. Stay to give time for petition for new trial, 1633. Time for, not to issue within sixty days after judgment, where writ of error may be a supersedeals, 1666. When United States may purchase prop- erty sold on, 6376. - EXECUTIVE DEPARTMENTS See Agriculture, Department of ; Alt- torney : General ; Department of Co?nºmerce ; Department of Justice ; Department of Labor ; Departments : Interior Department ; Navy Depart- 'ment ; Postmaster-General ; Post- Office Department ; Secretary of Alg- riculture ; Secretary of Commerce ; Secretary of Interior ; Secretary of Labor ; Secretary of Navy Secre- tary of State ; Secretary of Treas- ^wry Secretary of War ; State De- partment ; Treasury Department; War Department. Agency for control of aeroplanes, 283c. : Appropriations, expenditure, 283d. Branches of government printing Office in executive buildings, limitation, 7159a. Bureaus, abolition, 283e. Co-ordination of executive agencies, 283a– stay of, 283f. Counterfeiting, etc., seals of, 10240a, 10240b, 10514a–105.14d. Duties, transfer, 283b. Emplº increase in compensation, 25 - Transfer from one department, etc., to another, 251a. Information furnished to Bureau of Ef- ficiency, 3286i. - Payment of accounts by disbursing offi- cers of other departments, 6622a, 6622b, 6752a, 6752b. - Personnel, transfer, 283b. Porto Rico, 3803e. sº ºf war supplies, 6941aa, Appendix p. 7 - - Subscriptions to periodicals may be paid for in advance, 6652c. Suspension of acts relating to, 283f. Termination of act, 283f. EXECUTIVE MANSION Furniture, 3341. Use of by President, 223. Housekeeper, custody of public prop- erty, 231 - Inventory of public property, 231. Pºrty, Statement made annually, 3418, 19. Public property in, annual inventories of, custody of, 231. w Use of grounds as play grounds author- ized, 3345. EXECUTIVE OFFICERS See titles of different officers and de- partments. Exemption from selective draft, 2044d. State, oath to Support constitution, 3422. EXECUTIVE POWER Frºnt. vested in (Const. art. 2, § 1, C1. l.). - EXECUTIVE SECRETARY Porto Rico, 3803hh, 3803v. EXECUTORS AND TORS See Albsentees; Estate T'aac. Administration of estates, bond, 3.165. By consuls, Vice-consuls or United States, court for China, 7688. Authentication, invoices of imports, 5538. Employés of government, payment of Compensation to Where death results from injury, 8932f. - ADMINISTRA- GENERAL INDEX IPage 2110] [References are to sections, except where otherwise indicated.] EXECUTORS AND ADMINISTRATORS (Cont'd) . Estate tax, 63.36% a-6336%m, 6371. “Executor” defined, 63.36%a. Homestead, sale by for benefit of infant children, when, 4543. - Income tax on estates, 6336bſb]. Returns, 6336hſc], 6336 y. Legal representatives of collectors of in- ternal revenue may avail themself Of bonds of deputy Collector for indemni- ty, 5854. National banks to be permitted to act as, 97.94(k). - Nººnal bank Stock, individual liability, 690. Patents for inventions granted to, 9440. Pending suit, Continuance by, 1592. Renewal of copyrights, by, 9544–9545. Wºº, liable for debts due United States, EXEMHPK,IFICATIONS See Evidence. FEXEMPTIONS - Arrest for debt, enlisted men in army, 2018. w , Arrest, marines, 2927. - Claims for compensation to injured em- ployé, 8932m. - Common carriers not exempted from lia- bility by contract, etc., 8604a. Compensation under War Risk Insurance Act, 514tt. 514nn.nº/A, Appendix p. 1739. Distraint for non-payment of internal- revenue taxes, 5909. Estate, tax, 63.36%bbbb. Excess profits tax, 6336%b, 6336% c. Head tax on aliens entering United States, 4289%.a.a. - Homestead of Stockbridge Munsee Indians from levy on execution, 4607. - Income Tax, 6336d, 6336g, 6336iſb, c], 6336iii, 6336yyy. - Internal revenue tax, admission to places of amusement, 6309%a. . - Circulating notes of banks when re- duced to five per cent of the Capi- tal, 6294. Club dues or fees, 6309%b. Stamp taxes, 6318bb. Transportation facilities utilities, 6309%a-6309%d. Jurors, 1252. Artificers and workmen at armories and arsenals, 3088. Merchant seaman’s clothing, 82.93. Militia duty, 3043. Noncombatant classification, 3043. Obligations of the United States, taxation, 6816. Payment to postal employés when killed on duty to be exempt from debts of de- ceased, 7246b. Pensions, from levy, 9080. Registration under selective draft act, 44e. Salvage services of seamen, 8325a. Savings of seamen of . Ila Vy, 2874. Sea duty, 2608. Selective draft, 2044d. Soldiers savings’ deposits, 2.193. - Special excise tax on Corporations, joint stock companies, etc., 5980a." State laws, not affected by 9590. Taxation, bonds issued to postal Savings depositors, 7589. - Bonds of War Finance Corporation, 31.15%i. - Certificates of indebtedness, 6831, 97.91 3 by public from bankruptcy, (3). Federal reserve banks, 9791(3). Panama Canal bonds, 6826, 6828. Porto Rican bonds, 3803aaa. Treasury notes issued under Federal Reserve Act, 9800C7). United States bonds, 6825, 6829e, 6829ee, 682977. Wages of Seamen, 8325a. Witnesses before Interstate Commerce Commission not excused from testi- fying or producing books, etc., be- cause of tendency to criminate, 8577. Not exempted from prosecution for perjury, 8578. EXHIBITIONS - Admission of alien exhibitor, 428914.h. Special excise tax, amount, 5980h. Liability to payment of one tax in each state, 5980h. Nºyment a misdemeanor, J. - - - Records, statements and returns, 5980k. fine, Naturalized citizens, JEXPATRIATION - “. ... Inherent right of affirmed; claims of for- eign allegiance disavowed, officers not to question right of, 3955. presumptions, 3959. Passports to be issued to persons making declaration of intention, 3958. EXPATRIATION ACT See E33 patriatio?". Text of act, 3958-3964. EXPEDITING ACT See Com/mon Carriers ; Monopolies. Trusts and Interstate Commerce, 8597– 8599, 8824, 8825. - EXPENDITURES See Appropriations ; Public Money. Public money, publication (Const. art. 1, § 9, cl. 7). EXPENSIES - See Travel Pay and Easpenses. EXPER}{MENTAL AND . RESEARCH JLABORATORY - W. department, reports of expenditures, a. - |EXPERIMIENTAHL (GARFDIENS AND GłęO UNIDS Agricultural Department, Bureau of Plant Industry, 795. ASSistant Superintendent, salary, 793. Superintendent, salary, EXPERIMIENTS See Agriculture. Board of Ordnance and Fortification, 3.115. Department of agriculture, sale of pot- a.Sh, 832b. - Importation of diseased plants, etc., 8759. Importation of nursery stock for, 8752. Navy experimental laboratory, reports of expenditures, 652a. Potash, sale of product, 832b. f Private ship builders, at navy yards, 2804. Radio communication, licenses, 10.103. Sale of cannon for, 3099. , EXPERIMENT STATIONS - See Agricultural Easperiment Stations ; Director of Office of Eacperiment Sta– tion.S. - Agricultural, 8878–8897. Bureau of mines, duties, 787a. Department of agriculture, reports of ex- penditures, 839a. - - Lands, donations by states, 787 b. EXPERTS Air Craft board, 3115/32e. Board of tea experts, 8787. Bureau of Mines, 783. Commission to Stocks and bonds by railroads, 8602. Efficiency, public money not to be ex- pended for unless authorized, 3227a. Employment by Commissions on Indus- trial Relations, 8914, 8917. To examine pensioner, fees, 9100. By ..ºnited States Tariff Commission, Federal Farm Loan Board, employment, Compensation, etc., 9835b (9), 9835bb (3). Federal Trade Commission, employment and Compensation, 8836b. - º Formulas and Specifications of supplies drawn up by, 6833. Interstate Commerce Commission to em- ploy in physical valuation of property of common carriers, 8591. Medical examination of alien passengers, 4289%i. - Mineralogist, employment for reclassifi- Cation in Alabama, 4656. Publicity, public money not to be ex- pended for unless authorized, 3227. Riflemen, army pay, 2146. Tea experts, advice to board of general appraisers, 8793. Temporary employment of in Bureau of Mines, 786 United States Shipping Board, ment, etc., 8146bb. EXPERATION OF SERVICE Navy, detention, 2591–2593. Detention beyond term, pay, 2860. Disposition of men, 2591. Men Subject to laws while sent home or detained, 2592. r Shipping, articles, 2594. EXPLORING EXPEDITIONS Collections of, Commissioner of Patents to have care of, 759. - - EXPLOSIVES Acquisition of sites for 6911a. employ– manufacture of, investigate issuance of EXPLOSIVES (Cont'd) . . . Injuring vessels engaged in foreign com- merce, 10483a. . Interference With 104.18a. - Possession by alien enemies, 7615. foreign commerce, Regulation of manufacture, etc., when United States at war, 31.15%a. Agencies in United States, etc., use Of in enforcement of act, 31.15%k. Appropriations for enforcement of act, 31.15%kk. - Definitions, 31.15%aa-31.15%bb. Discharging fire arms, etc., at, on or against plants, magazines, etc., 31.15%i. Divulgence of information obtained prohibited, 31.15%h. Employees, appointments, 31.15%g. Exclusion from premises where man- ufactured or stored, 31.15%i. Explosives inspectors, appointments, 31.15%g. Duties, 31.15%g. Number, 31.15%g. §alaries, 31.15%g. - Investigations of explosions, etc., in mines, etc., authority to make, 31.15%jj. Reports of findings, 31.15%jj. Iridium subject to act relating to, 31.15%aaa, Appendix p. 1772. Licenses, applications for, contents, 31.15%ff. Applications, to Whom made, 31.15%ff. - False representations as to, 31.15%gg. Fees for granting, 31.15%ff. . For manufacture, information by licensee or applicant to Di- rectors of Bureau of Mines, 31.15%dd. Manufacture without prohibit- ed, 31.15%d. - Trade secrets, etc., need not be disclosed by licensees, etc., 31.15%dd. For What purposes issuable, 31.15% ee. Persons entitled to, 31.15%f. Record of licenses granted, 3115 14 f. * * • Refusal, appeal to Council of Na- - tional Defense, 31.15%f. Grounds for, 31.15%f. Refusal to exhibit, 31.15%gg. Revocation, 31.15%f. 31.15%fff, Appendix p. 1772. To whom issuable, 31.15% ee. Licensing officers, 31.15%ff. Manufacture, etc. by or for govern- ment not affected, 31.15%aa. Marking, defining and , placarding premises where manufactured or stored, 31.15%.hhs Palladium subject to act relating to, 31.15%aaa, Appendix p. 1772. Platinum subject to act relating to, 31.15%aaa, Appendix p. 1772. Purchase, etc., of, contrary to act, exceptions, 31.15% c. Prohibition of, 31.15% c. Records of sales, keeping and deliv- ery to Directors of Bureau of Mines, 31.15%.e. t Rules and regulations, Director of Bureau of Mines to make, 31.15%ii. Transportation in compliance with statutory law or rules of Interstate Commerce Commission not affected, 3.115.14cc. Violations of act, punishment, 31.15%j. Sale of, to certain natives in Pacific is- lands, prohibited, 10481. Transportation, death or injury caused by illegal transportation, 10406. Excluded from certain vessels Or Ve— hicles, 10404. By mail, 10387. Marking packages for, 10405. Passenger vessels prohibited from car- 'rying, 8005, 8016. - Regulations, 9862a, Appendix p. 1798. Regulations to be made by Interstate Commerce. Commission, 10403. Steam passenger vessels, 8242. When permitted, military transporta- tion, 10402. ExPLoSIVES TRANSPORTATION ACT See Ea:plosives. Text of act, 10402-10405. GENERAL INDEX [Page 2111] [References are to sections, except where otherwise indicated.] EXPORTS AND EXPORTATION See Alºniſm als and Animal Iºdºt Stºry ; Customs Dwties ; Imports and I’m- portation. . - Agºrated or misbranded food or drugs, 718. - - Animals exported to have accommodations prescribed by rules of Secretary of Ag- riculture, 8655, 8656. ... • Annual reports, 879. …” Ascertained and estimated by president, Bonded imports from warehouse, 5755. Bonds on exportation of spirits with- drawn from bond without payment of tax, cancellation of, 6126. Bottling of spirits in bond for purpose of exportation, 6070-6075. - Cigars, packed for export need not be Stamped or branded or labeled, 6207. Without payment of tax, 6192. Distilled spirits, in bonded warehouses, allowance for leakage or loss On withdrawal for, 6055. Bottling of gin in bond for export without payment of tax, 6070a. Withdrawal from distilleries, etc., transferred in tanks or tank cars, 6127a. Withdrawn from bonded Warehouse without payment of internal revenue tax, 6125. . Drawback, articles exported, collector to render monthly accounts of, 6341. Articles exported, penalties for fraud- ulently claiming, 6377. Stills, 5971(2). Time for exportation, 5722. Articles imported in bulk, 5731. Ajes made from exported materials, 724. - Articles shipped to Philippines, 6338. Distilled spirits entered for exporta- tion, 6.124. Duties, 5720. Inspection, 5737. Merchandise exported to British North America, 5757, 5758. Merchandise in warehouse, 5663. Removal from custody bars, 5729. Drugs, medicines and chemicals, 5723. “Adulterated,” defined, 8718. - Embargo on exports of arms, munition etc., in time of war, 7678a–7678k. Effect of partial invalidity of act, 105.14d. - r Jurisdiction of offenses, 10514b. Proclamation by president, 7678a. Prosecutions under prior repealed, laws, etc., 105.14c. Punishment for exportation, etc., 7678b. : Refusal of clearance to vessels, 7678c. Seizure, authority to make, 7678b, Custody of property, 7678e. Enforcement of provisions relat- ing to, 7678k. Forfeiture, to United States, 7678b, 7678d. Libel, 7678g. - Procedure, 7678h. Operation of provisions relating to, 7678i. - * - Release on payment of costs, etc., 7678j. - Restoration to owner, bond, 7678h. Hearing, 7678f. Petition for, 7678f. Procedure, 7678h. Sale, 7678g. Warrant, application for, 7678e. Issue, 7678e. - Silver coin or silver bullion, 7678cc. Taking, etc., vessels out of port, etc., punishment, 7678c. . United States defined, 10514a. When unlawful, 7678a. Embargo on exports of war material t American countries, 7677, 7678. Explosives, license of, 31.15% ee. Export bonds, transportation bond in lieu of in case of exportation of spirits with- drawn from bond without payment of tax, 6126. Export duty on sugar from Virgin Is- lands, 3924%d. Falsely stamped articles made of gold or silver, 8805–8811. . Federal reserve banks, acceptance of drafts and bills of exchange on export- ed goods, 9796(5). º EXPORTS AND EXPORTATION (Cont'd) Fºº, and drugs, “adulterated” defined, Fungicides, 8727-8765. . º brandy in special bonded Warehouse Insecticides, 8765-8777. Inspeçº of cattle intended for export, Cattle whose meat is intended for ex- port, 8709. • , Interference with foreign commerce by violent means, 104.18a. Live-Oak Or red-cedar timber, 4980-4982. - Matches, white phosphorus, 6281. Meat inspection, 8681–8683. Salted pork and bacon for export, 683. - Merchandise from bonded Warehouse, 5657. Mexico, imports in bonded warehouses, 5687-5689. Inspection and report, 5340. Migratory game and insectivorous birds, 8837b, Appendix p. 1795. Mixed flour without payment of tax, 6266. Oleomargarine regulations, 6228. Opium, unlawful except to countries reg- ulating thereof, promulgation of reg- ulations, 8801d. Written orders not required, 6287h. Penalty for relanding in United States ex- ports to contiguous countries, 5693. Permits for, without payment of duty, 5665. - Philippines, duties on prohibited, 38.12b. Playing cards, without payment of tax, bonds, etc., 63.15. Porto Rico, 3803aaa. Fº wood or wood pulp from Alaska, 5093. Regulating power of Congress (Const. art. 1, § 8, cl. 3). Reimportation free of duty, exceptions, 52910404). - Reports by consuls, 3.168. Serums, 8778–8785. Snuff, 61.92. penalty, Spirits withdrawn from bond without pay- ment of tax, 6126. Stamps, accountability of collector of in- ternal revenue, 6096. Cigars packed for export, 6207. Distilled spirits withdrawn from bond for exportation, expense for provid- ing and fixing, 6127. Statement of, by Secretary of Commerce, 871. States, prohibited (Const. art. 1, § 10, cl. 2) Statistics of, by rail, reported by collector of customs, 881. Superintendent of, appointment, compen- sation, 5880. Tea of inferior grade, 8791. Timber and other products forests, 5138. Timber cut on public lands, timber, 4987. Timber on national forest, 5138. Prohibited, 5127. -> Tobacco, provisions relating to size of packages, etc., not to apply to, 6169. Tºportation in bond, export bond, 61.93. : Without payment of tax, 6.192. Toxins, 8778–8785. Transportation bond in lieu of export bond in case of exportation of spirits with- drawn from bond Without payment of tax, 6126. Viruses, 8778–8785. - War materials in certain cases, prohibi- tion, 7677-7678k. - Wines, collection of duty on re-importa- tion of domestic wines exported, 6116. Removal without payment of tax of domestic wines for exportation, 61.14a. Withdrawal, from bond of fermented liq- uors without payment of tax, 6152. Of grape brandy from special bonded Warehouses for purpose of, 6043. Of wine spirits from special bonded Warehouses to fortify pure sweet wines for exportation, 6.115. ExPORT TRADE - Associations for export trade solely, Act July 2, 1890, c. 647, not applicable to, 8836%b. - - of national seizure of duties exceeding inspection cost | EXPORT TRADE (Cont'd) Corporations, etc., for export trade sole- ly, Act Oct. 15, 1914, c. 323, § 7, not ap- plicable to, 8836% c. Definitions, 8836%a. Forfeitures, violation of act relating to, 8836%.e. - - Information furnished to Federal Trade Commission, 8836%.e. Powers of Federal Trade Commission, 8836%d, 8836%.e. Unfair methods of competition in, pro- visions of Act Sept. 26, 1914, . c. 311, extended to, 8836%d. Verified statements of associations en- gaged in, filed with Federal Trade Com- mission, 8836%.e. IEXPOSITION Admission of alien exhibitors, 428914b. Panama-Pacific exposition, office for reg- istration of patents, etc., 9525–9529. - EX POST FACTO LAWS Philippines, 3810. Porto Rico, 3803aa. Prohibition (Const. art. 1, § 9, cl. 3). sº prohibition (Const. art. 1, § 10, Cl. 1). IEX-PRESIDENTS Books from library of Congress, 139. IEXPRESS Carriage of mails as express, 7454a, Ap- pendix p. 1787. - Conveying mail by private express, 10351. Larceny of, 8603. . Sending mail. by private express, 10352. Transportation of postal supplies, 7491. ExPRESS COMPANIES Care of animals in transit, 8651—8654. “Common carrier” to include, 8563. Free transportation of employés on ex- press cars, 8563. Obscene books, etc., not to be deposited with, for carriage, 10415. Tax on transportation by, amount, 630914a. - Computation, 63091%b. . Exemptions, 6309%b, 6309% c. Returns by persons, etc., subject to, 6309%d. : By whom payable, 63091%b. : Transportation of merchandise in bond, manner of transportation, 5698. Aºes not intended for sale, 5705, Transportation of official mail matter, 7479. EXPRESS MESSENGERS Assaults on, 10495. EXTENSION - Corporate succession of national banking association, 9665–9671, 9773. - . Enlistment for minority in navy or ma- rine corps, 2578a. * Mail routes, 7449. £º for designs, 9480. - -- atents granted prior to March 2 9470-9474. p g 1st, Right to maintain pipe lines through In- dian lands, 41.92. Time, acceptance of irrigation act, 47146. Application for patent, 9438b, 9438c. Application for war risk insurance, 514ull!/3. - T; gºmmence residence on homestead y To complete irrigation works on des- ert lands, 4683. For entries on or purchases of forfeit- ed railroad lands, 4907 For filing income 6336hTb]. For filing lists of enemy or ally of enemy, officers, etc., of corporations, 31.15%d(a). For final proof of enlarged homestead entries, non-mineral, etc., lands, 4566, 4572, 4574a. { tax returns, Under desert land entries, 4683, 4684, 4684a. For , payment of additional taxes, 5896a. For purchase of forfeited railroad: lands, 4909–4912. EXTENSIONS - Federal controlled transportation tems, 31.15%.e. EXTENSION WORK Agricultural colleges, 8877a. EXTORTION Customs officers, 5377, 5378. Informers, 10315. sys- GENERAL INDEX [Page 21121 [References are to sections, except where otherwise indicated.] EXTORTION (Cont'd) Internal revenue agents, 5856. Punishment, 5889. Liability of officers, clerks, etc., 10253. EXTRA COMPENSATION See Eastra Wages to Sea/men. Army service, 2158-2161a. Engineers, acting as disbursing offi- cers, 1846. Authorized, 3270a, Appendix p. 1774. Customs officers not to receive, 5394. Diplomatic officers, prohibited, 3202. Disbursement for construction of public buildings, 6659-6661. Disbursing officers, 3234. Marine Corps, 2932. Membership fees and convention expenses, Officers gºvoyed on light-house board, etc., - Officers, employés, etc., in capitol and grounds not to receive, 3421. Overseer of waterworks at military acad- emy, 2277. Payment for membership fees or conven- tion expenses prohibited, 3241. Tersons employed under lump sum appro- priation, prohibition, 3235a. Prohibited unless expressly authorized, 3230, 3230a, 3233, 3235, 3235a. For signing United States notes, 6552. Territorial officers not to be paid, 3443. Volunteers on muster out, 2038, 2039. IEXTRADITION Agent to receive person to have powers of marshal in districts through which he passes, 10122. Allowing prisoners to escape, 10309. Arrest of fugitives, in foreign country, 10110. Bankrupts, 9594. . Crimes and offenses extraditable, (Const. art. 4, § 2, cl. 2). Discharge for delay in removal from Unit- ed States, 101.19. TEvidence, admissibility, 10111, 10116. Foreiºsitives, fees of commissioners, 101 10110; Hearing to be public, 10112. Limited to continuance of treaties, 101.20. Payment of fees and costs, 101.15. In Philippine Islands, 10124, 10.125. Witnesses for indigent defendants, 101.14. Fugitives from Philippines, 10128. Fugitives from state or territory, 10126, Panama Canal Zone, extension of laws and treaties to, 10047. Penalty for obstructing, etc., agent, 10123. Protection of accused delivered by foreign government to United States, 10121. Seamen deserting from foreign Vessels, 10129. Surrender by Secretary of State, 10118. IEXTRADITION ACT See Eactºradition. Text of act, 10121-10123. EXTRA DUTY Compensation for, when not allowed, See Eastra, Coºn.pensation. Pay of United States disciplinary bar- racks guard, 2161a. Punishment by court-martial, 2998 (8). Punishment by, in Navy, 2985(6). EXTRA WAGES TO SEAMEN cººlar officers not to receive profit from, 77. Discharge, complaint of seamen, 8374. Foreign ports, 8371. Penalty for neglect to collect, 8372. Sale of vessel, 8373. Unseaworthiness of vessel, 8350. Penalty for refusal to pay on discharge, FACTORIES (See Child Labor. Cotton factories at United States Pen- itentiary at Atlanta, 10563a–105635, Ap- pendix p. 1800. Enemy aliens not to approach within ºhair mile of government factories, “Factory” defined, 3115/16a. Investigation of explosions and fires in, 31.15%jj, 31.15%k. Manufacture of airplanes, etc., 1867n. Mºtecture of armor for naval vessels, a. Obtaining information concerning, 10212a. FACTORIES (Cont'd) Requisition, operation, etc., for common defense purposes, 31.15%jj. “Shipyard” includes, 8146t. Statistics of, 4391. War material, 3115/16b. IFAIRS - Admission of alien exhibitors, 428914b. Agricultural or industrial fairs not sub- ject to special excise tax, 5980h. Exemption from internal revenue tax on admissions, 6309%a. Expenditures from appropriation for hors- es for attendance at, 6767a. Free transportation or reduced rates on exhibits, 8595. EAITH AND CREDIT See Full Faith, and Credit. FALSE See Counterfeiting; jºb?'Q/. Affidavit, investigation as to interest of applicant for lease, etc., in Hot Springs Reservation, 5254. Military service of persons against Whom default judgment is taken, 3078%bb. Alarms, army camp, 2308a, art. 75. Applications for federal farm loans, pen- powers of president, Forgery; Per- alty, 9835v (1). Billing, classification, etc., at less than ºlar rates prohibited, punishment, %) Brand, shipping, etc., liquors or wines un- der, penalty, 6351. Certificates, absence, or pay of officer or soldier, 2308a, art. 56. By consular officers, 10238. Physician’s, as to sanity or insanity, penalty, 9339. Claim against government, liability to penalty and damages, 6411. By persons in military service, 2308a, art. 94(1-6). By persons in naval service, 2975. Suits to recover damages, etc., 6412- 6415. C. of allotment of wages of seamen, 323. Enrollment or license of vessel, 8130. Entries, accounts, records, etc., of com- mon carriers, punishable, penalty, 8592. Books, etc., of War Finance Corpora- tion, 31.15%j. Books of cigar manufacturer, 6210. Books of distillers, penalty, 6085. Books of rectifiers or wholesale deal- ers, 6100. Books of tobacco manufacturer, 6181. By internal revenue officer, 5889. National bank book, report or state- ment, penalty, 9762, 9772. Evidence to secure second-class rates for publications. 10393. Falsehoods in navy, punishment, 2969(1). Invoice, declaration, etc., of imported goods, 5524, 5526, 5548. º Labels or marks on packages of Viruses, serums, etc., 8779. Making, altering, etc., of Writing, concerning lands in California, 5119. Muster, army, 2308a, art. 56. Navy, 2969 (14). Oath, applicant for use of free bath house on Hot Springs Reservation, 5260. Investigation as to interest of appli- cant for lease, etc., in Hot Springs Reservation, 5254. By persons in naval service, 2975(4). Sureties on bond of bidder for contract to carry mail, 7434. , H' assports, making or forging, 7628d. Personation, diplomatic or consular offi- cer, 7678m. Holder of public stock, pension, etc., 01.97. etc., 5117- Naturalization proceedings, 10244. Naval, military or official pass or permit, 10240c. Persons named in certificate of identi. fication of Chinese, claiming right to leave and return, 4312. Fººed to enter United States, 4294 - Entitled to in United States, 4322. Revenue officers, 10234. United States officer, 10196. Pretenses, claims against United States, etc., 6411. remain FALSE (Cont'd) Pretenses (Cont'd) Forfeiture of cigars for using, 62.10. Mºs Or using, for tobacco or Snuff, 4. Obtaining mail lock or keys, 10361. Taxation, discharge in bankruptcy, 96.01. Using mails to promote frauds, 10385. Radiogram distress signals, 10106. Rºßation under Selective draft act, 2044f. Representations, discharge in bankruptcy, 96.01. To intending purchasers of public lands, 10226a. License for manufacture, sale, etc., of explosives, 31.15%gg. In procuring seamen, 10250. Regarding farm loan bonds, 9835v (5). Returns, army, 2308a, art. 57. By postmasters, 7207. Penalty, 7289, Stamping, gold or silver, etc., 8802-88.11. Statements, by applicants for advances by War Finance Corporation, 31.15%j. In applications for passports, 7628b. Declarations filed by purchasers of vessels, 8146r(4), Appendix p. 1790. To United States Shipping Board pen- alties, 81461 (5), Appendix p. 1790. White slave traffic, 8817(2). Swearing, applications for purchase of timber and stone lands, 4672. Copy of return of contract in returns- office as evidence, 1501. Naturalization cases, 10248. Pauper affidavit, 1627. IFAFLSE BRANDING OR MAREVING ACT See Brands. Text of act, 8729, 8730. FAMILIES Appropriation for support of families of members of national guard drafted into United States service, 3052b–3052d. Definition, 8563. EAMILY ALLOWANCES See WO?” Risk. In sºlºra'ſ ce. FARMERS Bulletins allotment to Members of Con- gress, 828 - Employment, by commissioner of Indian Affairs, 4028, 4028a. By Indian tribe, 4016. To superintend farming of Indians, 4028, 4028a. - Growers of leaf tobacco not subject to restrictions, 6175. Holding and storing food and necessaries, 31.15%QQ. Iºntary bankruptcy of, prohibited, Manufacture of alcohol free of tax for denaturing, 6137. Meat inspection provisions not applica- ble, 8681(21), 8714. IFARMERS’ ASSOCIATIONS Income tax exemptions, 6336k[a]. FARMERS’ HNSURANCE COMPANIES Income tax, exemptions, 6336|aj. IFARM LOAN ACT See Federal Farm, Loans. Text of act, 9835a–9835Z. FARM LOAN ASSOCIATIONS See Federal Farºn, LOCLºvs. FARRIERS Army, pay, 2144, 2144a. 2144a, Appendix p. 1759. Medical department, 1829a. Pension to dependent relatives of, 8997. Service schools, 2017. FEDERAL ADVISORY COUNCIL Compensation, 9795(1). Composition, 9795(1). Meetings, 9795(1). Number of members, 9795(1). Officers, 9795(1). Procedure and powers, 9795(1, 2). Quorum, 9795(1). Selection, 9.795(1). Vacancies in office, 9795(1). FEDERAL CONTROLLIED THANSPOR- TATION SYSTEMS See TranSportation. IFEDERAL FARM LOANS Amendment, right to reserved, 9835Z. . Amortization tables, publication, 9835b (12). Appraisal, association’s application for incorporation, 9835d(8). GENERAL INDEX [Page 2113] [References are to sections, except where otherwise FEDERAL FARM / OANS (Cont'd) Appraisal (Cont'd) Farm lands, 9835b (12). Investigation by federal land banks, 9835ee(3). Land Offered 9835ee(1). Securities tendered in farm loan bond application, 9835ii(2). 9835b (7). for mortgage loans, Appraisers, appointment, Compensation, 9835b (8) Examinations and reports upon land, 9835ee(3, 5). oº::valuation of land, penalty, 9835W ). Qualifications, 9835b (7), 9835ee(6). Appropriations, 9835x. - Estimates, submission to Congress, 6696a. Arrest of offenders, 9835W (6). Associations, application for incorpora- tion, 9835d(7,8). Articles of association, 9835d(1). Contents, 9835dd (4). Capital stock, collateral holding as, 9835dd (3). Increase, 9835dd (4). Par value of shares, 9835dd (1). Retirement upon payment of loan, 9835dd (3). Share holders, who may be, 9835dd (3). Voting stock, 9835dd (2). Charters, grant or refusal, 98356 (8, 9). Commissions on loans, 9835e (3). Consolidation, 9835t(5). Defaulted loans, making good, 9835p. Directors, 9835d(6). Approval of loans, 9835ee(1). Election, qualifications, Cornpen- sation, etc., 9835d(2, 3). Dividends, 9835o (3). Deduction of commission, 9835e (3). Expenses, how paid, 9835d(5). Fees and commissions, unauthorized, penalties, 9835v (3). Incorporators, 9835d(6). Loan committee, security, 9835ee(1). Election and number, 9835d(2). Qualifications, 9835ee(6). Substitution when regular mem- ber interested in loan, 9835ee(6). Loans, approval by directors, 9835ee(1). From federal land banks, 9835e03). To members, 9835e (1, 2). Right to, 9835d(10). Members, admission of new, 9835e05). Officers, 9835d(6). Election, compensation, - tions, etc., 9835d(2, 3). Organization, 9835d(6). Powers, 9835f. Purposes, 9835d(1). Quarterly statements to board, 9835b 13 qualifica- (13). Receiverships, 9835t(1, 2, 4, 5). Reports, loan committee, 9835ee (1, 2). To board, contents, 9835dd (4). Reserves, amount, preservation, etc., 9835o (1, 2). Disposition on liquidation, 98350 (5). Investment, 98350 (4). Secretary-treasurer, powers, etc., 9835d(4). * Shareholders’ liability, 9835e(4). Submission of articles of incorpora- duties, tion, etc., to federal land banks, 98.35d (7). Tax %mptions, 6336d, 6336/k(a), 9835Q (1, 3). - - Temporary organization, Submission of papers, etc., to federal land banks, 9835d(7). Voluntary liquidation, consent of board necessary, 9835t(5). Attorneys; employment by Farm Loan Commissioner, 9835u(2). . Employment, compensation, etc., 9835b (9), 9835bb(3). Board, administration of act, 9835a. Appointment, 9835b (2). Association, grant of charter to, 9835d (9). Expenses, 9835b (2). How paid, 9835b (8). Farm loan bond applications, investi- gation, approval, etc., 9835ii (2). Meetings, 9835b (4). Number, 9835b (2). Oath of office, 9835b (3, 5). Powers, 9835i. - COMP.ST.’18—133 appraisal of land, FEDERAL FARM LOANS (Cont'd) Board (Cont'd) Powers (Cont'd) Requiring additional collateral se- curity, 9835.j(6). Qualifications, 9835b (2, 5). Report to Speaker of House of Repre- Sentatives, 9835b (11). Salaries, 9835b (2). How paid, 9835b(8). State laws, examinations of, action if affording insufficient protection on first mortgages, 9835u(2). Statement why mortgages in certain States are not accepted for farm loan bond issues, 9835u(3). Supervision of bureau, 9835b (1). Term of office, 9835b (3). Vacancies, filling, 9835b (6). Voluntary liquidation, consent neces- Sary, 9835t(5). Bonds, temporary officers of federal land banks, to give, 9835bb(3). Bººns. issuance, contents, 9835b. Bureau, detailed estimates for expendi- tures, 6696a. Establishment, 9835b (1). Supervision by board, 9835b (1). Circulars, issuance and contents, 9835b (14). 'Clerks, employment, compensation, etc., 9835b (9), 9835bb (3). Collateral security, disposition. When farm. loan bond application approved, 9835.j(3) e - - Farm loan bonds, 9835ii (1). Interest payments available to bank, 98.35m (5). - Mºsases, when acceptable as, 9835.j etc., (4). Payments upon, application of, 9835m Cancellation of mortgages, 9835m (1). Deposit with registrar, 9835m (8). Notice to registrar, 9835m (9). Transfer to registrar’s account, 98.35m (9). Trust fund, created, 9835m (7). Requirement of additional, 9835; (6). Return when farm loan bond applica- tion denied, 9835 j(2). Substitution of other securities, 9835m (2). Withdrawal on surrender of farm loan bonds, 9835m (4). Definitions, 9835aa. Effective date of act, 9835Z. Employés, employment, etc., 9835b (9), 9835bb(3). Examiners, accepting securities, etc., pen- alty, 9835v (1). ' Appointment, 9835b (7), 9835S(1). Disclosure of borrowers’ names, pen- alty, 9835v (3). Number, 9835s (1). Powers, duties, §º"; compensation, Qualifications, 9835b 98359 (1). Salaries, 9835s (3). How paid, 9835b(8). * Experts, employment, compensation, etc., 9835b (9), 9835bb (3). Farm loan bonds, 9835hh (7). Application for issuance, contents, etc., 9835ii (1). Appraisal of securities, 9835ii (2). Board’s approval necessary, 9835ii (4). Board’s decision transmitted to federal land bank and registrar, 9835ii (3). Cancellation on payment, 9835m (3). Collateral security, disposition when application approved, 9835.j(3). Mºsase. when acceptable, 9835j ) - Notice to registrar, 9835m (9). Transfer to registrar’s account, 98.35m (9). A trust fund created, 9835m (7). Payments upon, application, 9835m Deposit with registrar, 9835m 8) Requirement of additional, 9835.j(6). Return when application rejected, 9835.j(2). Withdrawal on surrender of bonds, 9835m (4). Contents, 9835l.(4). Counterfeiting, altering, etc., penalty, 9835v (2). Delivery to banks, 9835k(3). Denominations, 9835k(1). Duration, 9835k(1). Exchanges between registered and coupon bonds, 9835k(4). indicated.] | FEDERAL FARM LOANS (Cont'd) Farm loan bonds (Cont'd) Federal land banks, (1,2). Federal reserve banks may buy and sell, 9835r(2, 3). Interest rate, 9835k (1). Investments in authorized for trust funds, 9835r (1). ISSuance, 9835.j(1), 9835k(1). By joint stock land banks, limita- tion, 9835hh (4). Issue, limitation on, 9835.j(5). Mortgages in certain states not a C- ºpted, statement of reasons, 9835u liability, 9835l (3). Payment, amount, 9835m (6). Payments upon collateral security, ap- plication, cancellation of mortgages, etc., 9835m (1). Preparation, 9835k(4). Public deposits, acceptable as Security for, 9835r (1). Purchase from federal land banks by Secretary of Treasury, 9835W. Rºlations regarding payment, 9835k 2 Signatures, etc., 9835l (4). State laws. mortgages in certain states may be declared ineligible as basis for issuance of bonds, 9835u (2). Tax exemptions, 6336d, 6336|K(a), 9835g (1). tº: funds may be invested in, 9835r 1. - - Farm Loan Commissioner, attorneys, em ployment, 9835u (2). - Designation, 9835b (3). Insolvent association, fixing contin. gent liabilities of, 9835t(4). State laws, examination of, 9835u(1, 2} Federal land banks, advances to associa, tion, 9835d(5). Agents, amortization payments col. lected by, 9835h (6). Commissions, 9835h (4). Defaulted loans, making good, 9835p. Expenses, addition to loan, 9835h. 5 Payment of, 9835h (4). Indorsement and liability on loan, 983.5h (7). - Interest collected by, 9835h (6). Loans made through, 9835h (1, 2). Qualifications, 9835h (3). Association’s application for incorpo- ration, duties, 9835d(7, 8). Branches, 9835bb (2) © Capital stock, amount, 9835c (1). Cancellation when held by insol- vent association, 9835t(4). , Collateral security, holding as, 9835d(11). Dividends, 9835c (4). Hypothecation prohibited when held by association, 9835c (3). Investment of portion in quick as- sets, 9835c (7). Limitation on issue, 9835c (5). Par value of shares, 9835c (2), 9835dd (1). Reduction, 9835t(4). Limitation on, 9835d(12). Retirement upon payment of loan, 9835d(11). Rºement of original stock, 9835c ) Subscriptions, 9835c (1, 2, 5). By association, 9835d(11). . By United States, 9835c (5). Transfer prohibited when held by association, 9835c (3). Voting power, 9835c (4). Collateral security, interest payments available to bank, 9835m (5). Paymºs upon, application, 9835m Application, cancellation mortgages, etc., 9835m (1). Notice to registrar, 9835m (9). Transfer to registrar’s account, 98.35m (9). . Substitutions, 9835m (2). Withdrawal on Surrender of farm Ioan bonds, 9835m (4). of Corporate existence, commencement, 98.35bb (6). Pºlis in interest payments, 9835m (1). - Deposits for temporary use of, amount, redemption, etc., 9835W. GENERAL INDEx IPage 2114] [References are to sections, except where otherwise indicated.] FEDERAL FARM LOANS (Cont'd) Federal land banks (Cont'd) - Directors, appointment, election, qual- ifications, compensation, etc., 9835bb (7-14). Farm loan bonds, liability, 9835l.(3). - Temporary, 9835bb (3). Districts, 9835bb (1). Dividends, 9835m (2). Establishment, 9835bb (2). Examinations, semi-annual, 9835s (2). Farm loan bonds, payment, mode, etc., 9835m (3). Fees and commissions, unauthorized, penalty, , 9835W (3). Inºstigation of proposed loans, 9835ee (3). Liabilities, 9835l(1, 2). assumption of Loans, agent’s expenses added to, 9835h (5). - Agent’s indorsement and liability, 9835.h (7). 3. Agent’s work to cease when, 9835h To associations, 9835d(10), 9835e(3). To association members, 9835e 1, 2). , Character of funds, 9835ff (2). Conditions, restrictions, etc., 9835ff(1). Directors’ action binding on bank, 98.351 (1). Making through agent, 9835h (1, 2). Officers, binding effect of action by, 9835l.(1). - Temporary, 9835bb (3). Organization certificate, 9835bb(5). Contents, 9835bb (4). Payment of farm loan bonds, 9835m (3). Powers, 9835bb (6), 9835g. Public money depositaries, 9835cc. Qºry statements to board, 9835b terms, changes in, Receiverships, 9835t(3). r Rººts of condition to board, 9835b R; to board of salaries paid, 9835b Reserves, amount, preservation, etc., 9835m (1). Investment, 9835n(2). Restrictions, 9835gg. Tax exemptions, 6336d, 6336|K(a), 9835d (1, 3). Title, 9835bb (2). Voluntary liquidation, consent of board necessary, 9835t(5). Forms, appraisal reports, 9835ee(4). Mortgage bonds, 9835hh (11). Quarterly statements of banks and as- sociations, 9835b (13). Joint stock land banks, bonds, issuance prohibited until capital stock paid up, 9835hh (6). - Capital stock, 9835hh (5). Payment of before issuance of bonds, 9835hh (6). United States to purchase, 9835hh 3 * (3): Voting privileges, 9835hh (3). Charter, issuance required before do- ing business, 9835hh (5). Collateral security, payments upon, application, 9835m (7). Payments upon, application, can- cellation of mortgages, etc., 98.35m (1). Notice to registrar, 9835m (9). Transfer. to registrar’s account, 98.35m (9). Substitutions, 9835m (2). Commissions, etc., prohibited unless specifically authorized, 9835hh (10). Dºuts in interest payments, 9835n (1). Directors, 9835hh (1). Dividends, 9835n(2). Examinations, semi-annual, 9835s (2). Farm loan bonds, form, 9835hh (7). Limitation on issue, 9835hh (4). Fees and commissions, unauthorized, penalties, 9835v (3). Interest rates, 9835hh (8, 9). Loans, restrictions on, 9835hh (8). Mortgage bonds, issuance, form and contents, 9835hh (11). Organization, 9835hh (1). Powers, duties and liabilities, 9835hh minimum amount, (3). Restrictions, on powers, 9835hh (4). FEDERAL FARM LOANS (Cont'd) Joint stock land banks (Cont'd) ; Public money depositaries, 9835cc. Receiverships, 9835t(3). Reserves, amount, preservation, etc., 98.35m (1). Investment, 9835m (2). Shareholders’ liability, 9835hh (2). Tax exemptions, 6336d, 6336k(a), 9835Q. Voluntary liquidation, consent of board necessary, 9835t(5). Laborers, employment, compensation, etc., 9835b (9), 9835bb (3). Loan committee, election and number, 9835d(2). Over-valuations of 98.35 V (1). Loans, agents, expenses of added to, 9835h. 5 - - lands, penalty, Agents, indorsement and liability on, 9835h (7). - Making through, 9835h (1, 2). Negotiations by to cease when, 9835h (8). Applications, false statements, penal- ty, 9835v (1). Approval by. 9835ee(1). 4 Association members, 98356 (11), 9835e Associations from federal land banks, 9835d(10), 9835e (3). Character of funds, 9835ff(2). Conditions, restrictions, terms, 9835ff(1). 3. - Defaults, making good by association or agent, 9835p. Directors’ action binding on federal land banks, 9835l (1). Joint stock land banks, on, 9835hh (8). Offenses, 9835v. Partial invalidity of act, effect, 9835 y. Penalties, 9835V. Examiners, 9835s (2). Receiverships, associations, 9835t(1, 2, 4, 5). Federal land banks, 9835t(3). Joint stock land banks, 9835t(3). Registrar, appointment, 9835b (7). Collateral security, notice of payments upon, 9835m (9). Pºnents upon, transfer to, 9835m association directors, etc., restrictions Deposit of substituted collateral se– curity with, 9835m (8). Duties, payments upon collateral se– curity for farm loan bonds, 9835m. (1, 2, 7, 8, 9). Farm loan bond applications, duties, etc., 9835ii (1-3). Farm loan bond issues, duties, 9835.j(1, 5). Farm loan bonds, applications trans- mitted through, 9835ii (1). Delivery to banks, 9835k(3). Withdrawing security on surrender of, 9835m (4). Qualifications, 9835b (7). Salary, how paid, 9835b (8). Trust fund, deposit with, 9835m (8). Regulations, appraisal report of loan com- mittee, 9835ee(1). Consolidation of associations, 9835t(5). Exchanges between registered and coupon bonds, 9835k(4). Farm loan bonds, payment, 9835k(2), 98.35m (3). Reserve funds, investment, 9835m (2). Repeal, inconsistent acts, 9835Z. Right to reserved, 9835Z. Reports, associations, secretary-treasurer to board, 9835d(4). Associations to board, as to increase of capital stock, 9835dd (4). Board to Speaker of House of Repre- sentatives, 9835b (11). Examiners, bank conditions, 9835s (2). Fºrm land banks to board, 9835b (10, 2). Loan committee to federal land bank, 9835ee(1, 2). Publication by board, 9835b (12). Secretary treasurer, deposit of money re- ceived from receiver of insolvent as- sociation, 9835t(2). Secretary of Treasury, arrest of offenders, 835v (6) Deposits for temporary use of federal land banks, amount, redemption, etc., 9835w. Farm loan bonds, preparation, 9835k(4). First meeting of board fixed by, 9835b (4). etc., FEDERAL FARM LOANS (Cont'd) Secretary of Treasury (Cont’d Member of board, 9835b (2). Public money depositaries, designa- tion, 9835cc. - Subscriptions to stock of federal banks, 9835c (5). State laws, examination, 9835u(1, 2). Mortgages may be declared ineligible as basis for farm loan bond issues if laws insufficient, 9835u(2). . Tax exemptions, 6336d, 6336k(a), 9835Q. Title of act, 9835a. United States bonds, collateral security, Substitutes for mortgages, 9835.j(5). Fºral land banks to invest in, 9835c (7). United States, subscription to federal land bank stock, 9835c (5). FEDERAL, HORTHCULTURAL, BOARD Composition, appointments, 8764. FEDERAL REPORTER Distribution, 1206. FEDERAL RESERVE ACT See Federal Reserve Banks. Text of act, 495, 9681, 9689, 9691, 9694, 9714, 97.45, 9763, 9764, 9779, 9785-9805, 9832, 9833. FEDERAFL RESERVE BANKS See National, Banks. Acceptance, bills on importations or ex- portations, 9796(5). Discount of, 9796(4). • Acceptance of Federal Reserve Act by banks, 9786(3). Termination of right to act as reserve agent on failure to accept, 9786(5). Accounts with other reserve banks for ex- Change purposes, 9797 (2e). g Actions by or against, 9788(4). Advances to member banks on notes, 9796(6). Agencies in foreign countries, 9797 (2e). Alaska, 9786(1), 9801(2c). Assessment on banks to pay expenses of Federal Reserve Board, 97.93(3). Assets, writing off worthless, 97.94(g). Attorneys, loans, etc. to prohibited, 9833. Bank accounts with foreign correspond- ents, 9797 (2e). - Bills of exchange, on imported or ex- ported goods, acceptance, 9796(5). Purchase and sale, 9797 (2C). Branch banks, 9787. Directors, 9787. Buying and selling municipal bonds, 9797 (2b). Buying and selling United States bonds, etc., 9797(2b). By-laws, 9788(4). Capital, amount required, 9786 (13). Capital stock, cancellation of stock held § a member bank on insolvency, 790. - Certificate of reduction, 9790. Division of earnings, 9791. Exemption from taxation, 9791(3). Increase or decrease, 9789. Non-voting stock, 9786(11). Subscriptions, 9786(3). Allotment to United States, 9786 (10). On increase of capital, 9789. By member banks, 9786(3), 9789. Application blank for, 9788(1). Payment, 9786(3). By public, 9786(8). Limitation on amount, By state banks, 9792(1). Surrender of shares by member banks, decrease of capital or liquidation, 9789. Transfer or hypothecation of shares of member banks prohibited, 9789. Transfers, 9786 (12). Transfers of public stock, 9786(9). Value of shares, 9789. * Certificate of organization, acknowledg- ment and filing, 9788(3, 4). Contents, 9788(2). " Circulating notes, issue, 9788(4). Issue on purchase of bonds securing retired notes of member bank, 9800 9786(9). , 5). Of member bank, retirement of circu- lation and disposition of United States bond securing same, 9800. Supervision of issue and retirement by Federal Reserve Board, 97.94(d). Clearance of checks, 9799 (12). Clearing houses, 9799(13). Collection of checks and drafts, 9799(12). Charges, 9796(1), 9799(12). GENERAL INDEX [Page 2115] [References are to sections, except where otherwise indicated.] FEDERAL RESERVE BANKS (Cont'd) Commencement of business, authority, 9788(4). Contracts, 9788(4). Corporate capacity and powers, 9788(4). Currency, consolidation of stock accounts of distinctive paper for, 6553b. Definitions, bank, 9785. Board, 9785. Demand deposits, 9801(1). District, 9785. Member bank, 9785. National bank, 9785. National banking association, 9785. Reserve bank, 9785. Time deposits, 9801(1). Depositaries and fiscal agents for War finance * 31.15%hh. osits, 9796(1). DePºº. ; drafts for collection, 9799 12). pºnd deposits defined, 9801(1). º Gold coin and certificates in United States Treasury, 9799 (14). Government funds, 97.98. Member banks with non-member banks, limitation on amount, 9801(2¢). Proceeds of sale of bonds and Certifi- cates of indebtedness, 6829.hh. Reception, 9796(1). Redemption of Federal reserve notes, 9799 (4). Reserves against, 9799 (2-4, 14). To secure circulation, 9788(4), 9799a. Time deposits defined, 9801(1). Designation of reserve cities and reserve districts, 9786(1). Directors, 9788(4). Branch banks, 9787. Chairman and federal reserve agent, appointment, powers, duties and compensation, 9788 (5). Class A, right to be director in more than one bank, 8835h. - Classification, 9788(5). Compensation, 9788(5). - Compensation of Federal Advisory Council to be fixed by, 9795(1). Duties, 9788 (5). t Election, 9788(5). - Execution of certificate of reduction of capital stock, 9790. “Fees, etc. to, prohibited, 9833. Meetings, 9788 (5). - - - Member banks, fees, etc., to, prohibit- ed, 9833. - Qualifications, 9788(5). Selection, 9788 (5). Selection of Advisory Council, 9795(1). Suspension or removal by Federal Re- serve Board, 97.94(f). Term of office, 9788 (5). Transfers of public stock, 9786(9). Vacancies, 9788(5). I)irectors of national banks liable for damages from noncompliance With law, 9786(6). Discounts, 9796(3). Of acceptances, 9796(4). Member bank not to act as agent for nonmember bank, 9801(2C). Notes, drafts and bills of exchange, 9796(2). Rates, 9797 (2d). Rediscounting, discounted paper, 97.94 b (b). Limitations, 9796(3). Dissolution, disposition of Surplus fund, 9791(2). Dissolution of national bank for noncom- pliance with law, 9786(6, 7). Dividends, 9791(1, 2). Franchise tax on net earnings after payment of dividend claims, 9791(1). Drafts on imported or exported goods, a C- ceptance, 9796(5). Earnings, division of, 9791. Electors, district reserve, 9788(5). Employees etc., fees etc. to, prohibited, 9833. Examination of member banks, 9832. State banks as members, 9792 (5, 6). Examiners and examinations, 9832, 9833. Appointment, powers and compensa- tion of examiners, 9832, 9833. Pºsures by examiners prohibited, 98.33 Loans to examiners forbidden, 9833. Performance of other services by ex- aminers for fees prohibited, 9833. Exchange of gold bonds with circulation privileges for gold notes without circu- lation privileges, 9800ſé, 7). - | FEDERAL RESERVE BANKS (Cont'd) Exchange of gold notes for gold bonds, 98.00(8). Export trade, 8834%a–8836%.e. Farm loan bonds, power to buy and sell, 9835r(2, 3). Federal Advisory Council, 9795(1, 2). Appointment, qualifications, compensa- tion and duties, etc., 9788 (5). Federal reserve agents, application to, for Federal reserve notes, 9799 (2). Assistant, 9788. Bonds, 97.94(i). Custody and safe keeping of notes, 9799(7). Deposit of Federal reserve notes with agent to reduce liability of bank, 9799(5). * Deputy, 9788(5). Issue of Federal reserve notes, 9799 (4). Powers subject to supervision of Sec- retary of Treasury, 97.93 (6). Federal Reserve Board, 9793-9795. Appointment, 9793(1). Appointment of directors of reserve bank, 9788 (5). Branch banks, 9787. Assessment on Federal reserve banks to pay salaries and expenses, 97.93(3). Branch banks, 9787. º Chairman, Secretary of Treasury to be ex officio chairman, 97.93(4). Compensation of Federal reserve agent fixed by, 9788(5). - Compensation of Federal reserve bank directors fixed by, 9788(5). Consent to reserve bank director, to be director in more than one bank, 8835H. Discounts by reserve banks, 9796(2). Discounts, Federal reserve bank mem- ber as agent for non-member bank, 9801(2c). Employment of attorneys, experts, as- sistants, clerks, etc., 97.94(l). Enforcement of Clayton Act, 8835i. Examination of accounts of Federal reserve banks and member banks, 97.94(a). Fºnation of reserve bank reports, 9832. Examination of reserve banks, 9832. Exchange of gold bonds without cir- culation privileges for gold notes without such privileges on applica- tion of reserve bank, 980006). Federal Advisory Council to confer with, 9.795(2). Federal reserve agents, bonds, 97.94(i). Federal reserve notes, issue, etc., 9799 (1-11). Forfeiture of franchise of national bank for noncompliance With Feder- al Reserve Act, 9.786(6). Governor and vice governor of board, 97.93(2). Interlocking directorates, consent to, 8835H. National banks and foreign agen- Cies, 9745. Investigation regarding national bank foreign agencies, 9745. Loans on real estate by banks, 9763. Meetings, 97.93(4). Members, appointed on Capital IS- sues Committee, 31.15%kk. Ex officio, 9793(1). Ineligible to hold office, Imember banks, 97.93(2). Not to hold stock in banks, etc., 97.93(4). Number of, 9793(1). Oath of, 9793(2). Qualifications, 9793(2). Salaries, 9793(1). Assessment. On federal reserve banks for payment, 97.93(3). Term of Office, 9793(2, 4). Vacancies in office, 9793(4). National banks, acceptance of foreign drafts or bills of exchange, 9764. Over, etc., in Foreign agencies, control 745. Foreign branches, examinations, 97.45. n Foreign branches to be established with approval of board, 9745. Office for, 9793(2). Payment for shares surrendered, 9789. Permits to national banks to act as trustees, etc., 97.94(k). Powers, 9788 (5), 97.94. IFEDERAL RESERVE BANKS (Cont'd) Federal Reserve Board (Cont'd) Rediscounting of discounted papers, 97.94(b). Reduction of capital stock, 9681. Regulations for safe guarding collat- eral, bonds, Federal reserve notes, etc., 97.94(i). t Reports to Congress, 9793(7). Reports to, by Federal reserve agent, 9788(5). Reserve cities, adding to or classify- ing, 97.94(e). Reserves, permission regarding place Of Carrying, 97.94m. Retirement of circulation of Federal reserve bank member and disposi- tion of bonds securing same, 9800. Review of determination of reserve ºk Organization committee, 9786 Salaries of bank examiners to be fixed by, 9832. sºon of directors of branch bank, State banks as members of Federal re- Serve banks, 9792(1-11). Statements from Federal reserve banks and member banks, publica- tion, 97.94(a). Subscriptions to capital stock of Fed- eral reserve bank, payment, 9786(3). Supervision of Federal reserve bank, 9788(5), 97.94(j). Open, market operations, 9797. Supervision of issue and retirement of Federal reserve notes, 495, 97.94(d). Supervision over, 9.793(6). Suspension of officers of Federal re- Serve banks, 97.94(f). Suspension of operations, etc., of re- serve banks, 97.94(h). Suspension of reserve requirements, 97.94(C). Establishing graduated tax on de- ficiency in gold reserve held against Federal reserve notes, 97.94(c). - Transfer of funds and charges there- for among Federal reserve banks, 9799(13). Writing off of worthless assets of re- Serve banks, 97.94(g). Federal Resérve Districts, certificate of establishment, 9788(1). Designation, 9786(1). Number, 9786(1). Organization of, not to change status of reserve cities, 9786(13). Readjustment, 97.86(1). Federal reserve notes, 97.94, 9799(1-11). Application for, 9799 (2, 4). Cancellation and destruction of notes unfit for circulation, 9799(3). Collateral required, 9799(2). Wººrawal and substitution, 9799 Custody and safe keeping, 9799(7). Denominations and form, 9799(3, 7). Exchange for gold, 9799(3). Expense of issue and retirement to be paid by banks, 9799(9, 11). Interest on notes, 9799 (4). Issue, 9788(4), 9799(1, 3). Penalty 9799(3). To prevent contraction of cur- rency, 9799a-9799á. Adjustment of taxes on notes issued, 9799c. Amount, 9799a. Cancellation of United States Certificates of indebtedness deposited as security, 9799b. Denominations, 9799a. Deposits as security, 9799a. Existing laws applicable to, 9799d. Extension of time of payment Of United States Certificates of indebtedness deposited, 9799a. Retirement, 9799b. Purchase of bonds securing retired notes of member bank, 980004, 5) Re-issue, 9799(6). Lien on assets of bank, 9799 (4). Payment by, 9799(1). Place of deposit of notes prior to de. livery to bank, 9799(8). Plates and dies, controlled by Comp. troller of Currency, 9799(9). Examination of, 9799(10). Receivable by banks for public dues, 9799 (1). GENERAL INDEX [Page 21:161 [References are to sections, except where otherwise indicated.]. FEDERAL RESERVE BANEKS (Cont'd) Federal reserve notes (Cont'd) Redemption, 9799(1, 4, 5), 980005). Deposits for, 9799(4). - Reduction, 9799(3). . Reduction of liability for outstanding notes by deposit of Federal reserve notes, etc., and deposits of gold, etc., so deposited, 9799 (5). - - Reserve against notes, 9799(2-4, 14). Retirement, 9800. Retirement, 9799(6). Return for credit or redemption, 9799 (3). - Withdrawal of collateral deposit- ed for protection of notes and substitution of other collateral, 9799(6). - - E'ees, etc., to directors, etc., prohibited, R’oreign banking accounts, correspondents and agencies, 9797 (2e). Franchise tax on met earnings, 9791(1, 2). Gold coin and bullion dealings, 9797 (2a). Insolvency of member bank, cancellation of Stock, etc., 9790. Insular possessions, 9801(2c). Interest, rediscounting of discounted pa" per, 97.94(b). Interiocking directorates, prohibition, ex- Ceptions, 8835h. - Limitation on national bank debt, 9764. Loans on real estate, by national banks, 9763. Member banks, agents for non member banks applying for discounts, 9801(2C). ' Discount of obligations of, secured by bonds of war finance corporation, 31.15%gg. . Examination, 9832. Reserve, 9801. Carried in banks instead of vaults, 97.94 m. - Retirement of circulation and deposi- tion of bonds securing same, 9800. Name or title, 9786(2). National bank franchise, noncompliance with Federal Act, 9786(6). National banks, foreign agencies, control by Federal Reserve Board, 9745. Officers, 9788(4). forfeiture by Reserve Appointment, qualifications, tenure, powers, duties, compensation, etc., 9788 (5). Federal Reserve Board members in- eligible, 97.93(2). Fees, etc., to, prohibition, 9833. Suspension or removal by Federal Reserve Board, 97.94(f). open market dealings in bills, gold and securities, 9797. - Organization Committee, composition, 9786 1. Determination of right to act as re- serve agent, 9786(5). Expenditures, 9786(13). Federal reserve cities and federal re- serve districts to be designated by, 9786(1). Member banks to be designated by, 9788(2). Powers, 97.86(2). State banks as members Of reserve banks, 9792(1). Subscriptions to capital stock, 9788(1). By public, 9786(8). Supervision of organization of bank, 9786(2). - Partial invalidity of Reserve Act, effect, 4. Penalties, disclosures by bank examiner, Loans or gratuities to bank examiner, 9833. Paying out notes issued through an- other, 9799(3). . State banks as members, 9792(4). Period of succession, 9788 (4). - Philippine Islands, 9801(2c). Powers, 9796, 9797. Public stock, 9786(8, 9). Transfers of, 9786(9). Redemption of Federal reserve notes at, 9799(1). Reduction of notes, 9799 (5). Reservation of power to alter or appeal law, 9805. Reserves, 9801, 9802. Banks in Alaska, and outside Unit- ed States, 9801(2c). Demand deposits defined, 9801(1). liability for Federal reserve I FEDERAL RESERVE BANKS (Cont'd). Reserves (Cont'd) notes, 9799(2, 4). Gold deposits, 9799 (14). Member banks, 9801(2). Checking against, 9801(2c). Deposits with nonmember banks or trust companies, 9801(2c). How estimated, 9801(2c). Restoration as condition precedent to making new loans or payment of dividends, 9801(2c). Where carried, 97.94m. State banks or trust companies, 9801 (2C). Time deposits defined, 9801(1). Sale of United States bond securing mem- #.banks. circulation to be retired, 9800 Seal, 9788(4). - Shareholders, liability, 9786(4). . State banks as members, 9792(1-11). Application, etc., 9792(1). Gancellation of membership, 9792(7). Capital stock required as condition precedent to membership, 9792(9). Certifying checks on state banks ad- mitted as members, 9792(11). Determination of application, 9792(2). Discounts for state banks, 9792(10). Examinations, 9792(5). Acceptance of examinations , and reports by state authorities, 9792(6). Special examinations, 9792(6). Laws applicable to banks on becom- ing members, 9792(4, 10). Loans on stock of member banks for- bidden, 9792(4). - Payment of unearned dividend by member, 9792(4). . . . - Reports, 9792(4). Subscription to stock, 9792(1, 3). Surrender of stock on cancellation of membership, 9792(7). - Withdrawal or impairment of capital and payment for of member bank, 9792(4). Withdrawals from membership, 9792(8). State banks converted into national banks subject to regulations prescribed by Federal Reserve Act, 9694. - Statements and reports to Federal Re- serve Board, 97.94(a). Supervision by Federal Reserve Board, 9788 (5), 97.94 (j), 9797. - Surplus fund, 9791(1). Disposition on dissolution or cy, 9791(2). * , Exemption from taxation, 9791(3). Suspension of operation, etc., by Federal Reserve Board, 97.94(h). - Tax, on deficiency in gold reserve, 97.94(c). Exemptions from, 9791(3). Transfer of funds and charges therefor, among banks, 9799(13). Among reserve bank branches, 9799 insolven- (13). Transfer of stock in, rules, etc., 9786(12). FEDERAL RESERVE BOARD See Federal Reserve Baºks. FEDERAL RESERVE DISTRICTS See Federal Reserve Baºks. FEDERAL RESERVE NOTES. See Federal Reserve Banks. FEDERAL TRADE COMMISSION AND UNFAIR COMPETITION - See Imports and Importation : Trade- Ma'rics and Trade-Naſirves. - Accounts, examination, 8836b. - Anti-trust acts not affected, 8836k. Appropriations, transfer from bureau of corporations, 8836c. Attorneys, employment, compensation, etc., 8836b. - Circuit court of appeals, enforcement of orders, 8836e. Enforcement of orders, exclusive, 8836e. Notice, 8836e. jurisdiction Precedence over other cases, 8836e. s Review by Supreme Court, 8836e. Review of orders, precedence over other cases, 8836e. Procedure, jurisdiction, etc., 8836e. Civil service, certain employés subject to, 8836b. clerkºmployment and compensation, Against deposits and Federal reserve / FEDERAL TRADE COMMISSION AND UNFAIR COMPETITION (Cont'd) - Clerks (Cont'd) Transfer from bureau of corporations, 8836c. r - Coal and coke, price regulation, duties, 31.15% q. - Commissioners, appointment, 8836a. Chairman, Selection, 8836a. Removal, 8836a. Salary, 8836b. Terms, 8836a. . Vacancies, effect, 8836a. Definitions, 8836d. Depositions, 8836i. - Employés, civil service regulations appli- cable to certain, 8836b. . Detail from departments and bureaus, 8836h. - Employment and compensation, 8836b. Transfer from bureau of corporations, 8836c. Establishment, 8836a. - Estimates for, expenditures, 6728a. Examiners, employment and compensa- tion, 8836b. i’ Expenses, payment, 8836b. º employment and compensation, d * *. entries in records, etc., penalties, J. Findings, force in actions to set aside or enforce orders Of, 8836e. Forfeitures, failure to make reports, 8836j. Hearing, intervention, 8836e. Notice, time, etc., 8836e. Order, contents, 8836e. Procedure, 8836e. Report, contents, 8836e. Testimony, taking and filing, 8836e. Importations from countries discriminat- ing against United States, regulation of, 8836!-8836r. . Information divulged by employés, penal- ties, 8836j. - - - Interstate Commerce Commission, enforc- ing act against common carriers, 8835.j. Interventions before Commission, 8836e. etc., Investigations, anti-trust act violations, 8836f(4d). Enforcement of anti-trust decrees, 8836f(3c). Export trade, 8836%.e. * Foreign trade conditions, 8836f(8h). Judicial notice, seal, 8836a. Master in chancery, acting as in anti- trust act prosecutions, 8836g. Monopolies, enforcement of act against, J. . Notice of hearing, 8836e. - Notices, enforcement of order by court, 8836e. Office of Commission, place of principal, 8836c. Offices, rental, 8836b. Orders, contents, 8836e. Enforcement by circuit court of ap- peals, 8836e. Modification before setting aside, 8836e. Penalties, employés divulging informa- tion, 8836j. w - False entries, etc., 8836j. Refusal to testify, etc., 8836j. Powers, anti-trust act Violations, as master in chancery, 8836g. Classification of corporations, 7g). Documents, compelling production of, etc., 8836i. Exercise throughout United States, 8836c. - Export trade, 8836%d, 8836%.e. Investigations, anti-trust act viola- tions, 8836f(4d). Foreign trade conditions, 8836f(8h). Methods alleged to violate anti- trust acts, 8836f(5e). º Regarding certain corporations, 8836f(1a). tº Publication of information, and decisions, 8836f(6f). Reports furnished by corporations, re- quirements, 8836f(2b), ... Reports to Congress, 8836f(6f). Witnesses, compelling attendance, etc., 8836i. Procedure, circuit court of appeals, en- forcément and review of orders, 8836e. Hearings before commission, 8836e. Publication of information, reports and decisions, 8836f(6f). acting 8836f reports GENERAL INDEx IPage 2117] [References are to sections, except where otherwise indicated.] FEDERAL TRADE COMMISSION AND UNFAIR COMPETITION (Cont'd) Records, falsifying, etc., penalties, 8836j. Filing with circuit court of appeals, 8836e. Records, etc., departments and bureaus to furnish, 8836h. Regulations, 8836f(7g). Rental of offices, 8836b. Reports, anti-trust act violations, To congress, 8836f(8h). Contents, 8836e. Failure to make, forfeitures, 8836j. Requirement by commission, 8836f(2b). Transfer from bureau of corporations, 8836C. Seal, 8836a. Secretary, appointment, 8836b. Salary, 8836b. Testimony, taking and filing, 8836e. Unfair competition, prohibition, 8836e. United States Tariff Commission to co- Operate with, 5326h. Vacancies in office, effect, 8836a. Vouchers, expenses, 8836b. , Witnesses, attendance and production of records, etc., 8836i. - District courts may compel attend- ance, etc., 8836i. Fees and mileage, 8836i. Refusal to testify, etc., 8836j. FEEBELIE-MIHNDED Census statistics, 4387. District of Columbia, instruction in Penn- Sylvania, institution, 9348-93.50. Exclusion from United States, 4289%b. JETEED Requisition for army, defense, 31.15%ii. FEES See Compensation ; Consular Officers ; Costs : Customs Fees ; Homesteads ; Salaries ; and titles of Specific of- ficers. Shipping fees, see Shipping Fees. Accounts of, Auditor’s examination, 420. Administering oath of office, charge by employé, etc., prohibited, 3221: Admission of White children to Indian schools, deposit in treasury to benefit of school fund, 4179, 4180. - Appraisers of goods taken on execution, 8836f penalties, navy or public 39. Apprenticing boys to merchant service, 8138 w Assistant treasurers, prohibited, 6587. Attorney or agent for prosecution of claims for arrears of pay for army serv- ice, 2204. Attorneys, 1375, 1378. Anti-Trust damage suits, 8835d. Enforcement of claims for bounties by colored soldiers, 3969. Fees not to be deducted from soldiers’ or sailors’ claims, 453. Suits for importing goods for sale un- der foreign market price, 8836m. Attorneys and agents of pensioners, 9112, 9115. - T)eduction by commissioner, 91.16. Auctioneers in prize cases, 8424. Bailiffs, Circuit Court of Appeals, 1410. Bill of health to vessels, 8138. Bureau of Standards, 929. Regulations for payment, 930. Certificates, official character of officer in Interior Department, 679. Payment of tonnage duties, 8138. Protection to seamen, 8138. Title to vessel, 8138. Certified copies, list of persons paying special tax on occupations, 5963. Records of Five Civilized Tribes, 679. Circuit Courts of Appeals, 1376. Civil examining surgeons for pensioners, 9106. Civil rights cases, clerks, etc., 3940. Clearance of vessels, 7797, 8136-8139. Clerks of courts, see Clerks of Courts. Collectors of customs, see Collectors. Collectors of internal revenue, amount to be charged against collector, 5942. Certified copies of orders and returns as to opium transactions, 6287k. Services performed under Chinese Ex- clusion Act, 4323. Commissioners, 1375. Commissioners to take testimony in Court of Claims, 1162. attorneys, marshals, FEES (Cont'd) Construction of public buildings, limita- tion upon disbursement for, 6927. Copies, patent specifications and draw- ings, 754, 756, 757. - Récords, etc., commissioner of Indi- dian affairs, 721. Interior Department, etc., 675-679. * * State Department, 310. Returns of public contracts, 764. Copyrights, 9582. Qourt of Customs Appeals, 1182. Court officers, 1375-1463. Arizona, 1053. Kentucky, 1355. Montana, 1358. New Mexico, 1083. New York, northern and western dis- tricts, 1357. North Dakota, 1358, 1359. certificate, Oklahoma, 1360 Pennsylvania, 1362. - Purchasing fees at less than face val- ue, 10273. South Dakota, 1358. Texas, 1366. United States court for China, 7695. Utah, 1369. - Washington, 1358, 1371. West Virginia, 1373. Wyoming, 1374. Courts of United States, 1375–1463. Crew lists, 8138. Criers, Circuit Court of Appeals; 1410. Cuban trade, uniformity, 5325. Customs officers, see Customs Offices. Delinquents accountable for public mon- ey, when to be deducted, 6623. Deposition, officer taking, 699a. For use in hearings in land entries, 4475a, Appendix p. 1777. Deputºgarshals, attendance on rule days, Prosecution for offenses on Hot Springs Reservation, 5269–5272. Diplomatic and consular officers, account- ing, 3186. 3207. Administering oath and granting cer- tificate in case of drawback, 5749. Aºan Vessels and seamen exempt, Coin of the United States or its ex- change value to be used in payment, 2 °º, of rates annexed to clearance, Exemptions of United States vessels touching at Canadian ports, 7817. Invoices, certification of, 3187. Rates to be posted, 3189. Regulation by president, 3205. " Reports as to, - Stamps for amount of, 3188. Statement of Service rendered without fee, 7803. Directors of banks, etc., prohibited, 9833. Discharge of seamen, 8138. District Attorneys, see District Attorneys. Enrollment of vessels in domestic com- merce, 8095, 8136, 8137, 8138. Entries and final proofs under public land laws, 4546. Entries, etc., of public lands, none to be charged for administering oaths by reg- isters and receivers, 4494. Entries of vessels, 8136, 8137, 8138, 8.139. Examination of steam vessels, 8138. Examining Surgeons in pension cases, 9101a. Exemplification of patents or file in General Land Office, Extradition proceedings, 101.13. Payment, 101.15, 101.17. Failure to account for or pay over, 1430. Federal Farm Loan Board employés, etc., 9835b (8, 9), 9835bb (3). Federal Reserve Board’s attorneys and employés, 97.94(l). Fur-bearing animals, remission, 8852. Fur seal, unlawful killing, 8855. Gaugers in the internal revenue, 5866. When gauging fruit brandy or detailed for special duty, 5868. Grand jurors, 1457, 1458. Homestead entries, canceled, repayment, paperS On 711. Enlarged entries of non-mineral, etc., lands, 4563, 4569. By Indians, not to be charged, 4612. In Nebraska, 4578. Soldiers and sailors, cancellation, 4595. Tepayment on | FFIES (Cont'd) Illegal and excessive, consular officers, Verifying invoices, 3172. District Attorneys, 1430. Enrollment or license of vessels, pen- alty, 8128. Marshals, 1430. Registers of land offices and receiv- ers of public moneys, 4482. Steamboat inspectors, fožić. Indians, public land contests. 4101. Inspection, foreign vessels, 8152. Steam vessels, 8138, 8220, 8221. In in Vestigations, etc., of Bureau of Mines, 787. Judicial services in consular courts, 7665. Jurors, 1375, 1457, 1458. In certain states and territories, 1453. Payment, 1461. Porto Rico, 3803tt. Legations, accounting for fees, 3134. Licensing, engineers of steam vessels, 8138. Manufacture, sale, etc., of explosives, 31.15%ff. Masters of vessels, 8138. Pilots of steam vessels, 8138. Steam Vessels, 8138. Use of patents, trademarks or copy- rights for enemy or ally of enemy, 31.15%ee (C). - Vessels in domestic commerce, 8095, 8136, 8137, 8138. Manifests to vessels in domestic com- merce, 8136, 8137, 8138. Marshals, see Marshals. Measurement of vessels in domestic com- merce, 8136, 8137, 8138. Messengers, Circuit Court of Appeals, 1410. Mileage, see Mileage. - Mineral land patents, 4623. Ministerial officers, extraordinary expens- es, 1416. Money orders, 7558. Naturalization proceedings, 4372a. Officers, of land office, allotment from public lands to Indians not residing on reservations, etc., payment by treasurer, 4.198, 4199. Rendering Services in contested elec- tions of members of House of Rep- resentatives, 186. In state or territory enforcing provi- Sions of Chinese Exclusion Act, 4313. Taking depositions in proceedings be- fore registers, and receivers, 4502. Passport clerk, oaths or affidavits to pass- ports, 309. - Passports to citizens of United States, 7625, 7626, 7628a. - Patents, 9482-9484. - To government officers for public use, exempt from payment, 9441. Time for payment of final fee, 9429. Payment of in civil suits instituted for Post-Office Department, how paid, 459. Permits to vessels in domestic commerce, 8136, 8137, 8138. Photolithographic copies of township plats, etc., 711, 712. - - Physicians, examination of injured em- ployé, 8932!. Postal employés not to receive, 7228. Postmasters, withholding for false re- turns, 7207. Printers, 1375, 1459, 1460. Proctors, 1375, 1378. Purchasers of public building sites, etc., not allowed, 6907. Recorders, for filing, etc., proofs of work and improvements on mining claims in Alaska, 5052. Of miners’ liens in Alaska, 5061. Recogºs, bills of sale of vessels, 8137, Conveyances of vessels, 8137, 8138. Hypothecations of vessels, 8137, 8138. Mortgages of vessels, 8137, 8138. Recovery of, 1463. Registering mail, 7408. Registers and receivers, 4473, 4494. Alaska, 4517, 4521. Consolidated land-offices, 4475. Excess covered into Treasury, 4479. Illegal, penalty, 4482. Limitation of amount, 4476. Notice of , gancellation of entries, 4480. Notice of cancellation of homestead claim, 4537. Timber and stone lands, 4673. Transcript of records, 4474. Registration of trade-marks, 9499, 9500. Tepeals by Judicial Code not to affect, 12 4477, GENERAL INDEX IPage 211SI [References are to sections, except where otherwise indicated.] FEES (Cont'd) w Returns of by district attorneys, marshals, etc., 1394–1401. Semi-annual returns, 1394, 1395. Marshals, 1394, 1395. Shipping Commissioners, Coºvºmissio?vers. Shipping seamen, 8138. Solicitors, 1375, 1378. Special counsel for government, restric- tion upon, 536. Suits by poor persons, 1626–1630. Suits by seamen without prepayment of or bond for, 1630a. Supreme Court, table of, 1199. Surgeons, examining pensioners, 9100, 9101. Special examination of pensioners, 9].03. l Surplus paid into Treasury, 1414. Fees of registers of land offices and receivers of public moneys, 4477. Surveyors of customs, registry or record of vessels, 7771. Surveyors of ports for enrollment and li- cense of vessels, 8095. - Taxation of bill of, 1622, 1624. tº Territorial courts, 3471. Tests of iron and steel, 3109. Transcripts of journals of Senate or House of Representatives, 97. United States Commissioners, see United States Commissioners. Warehouses, inspection, censes, etc., 87.47%.e. Witnesses, see Witnesses. FEE SIMPLE Land grants to states and territories, 4870. Swamp lands, 4959. IEEE.ON HES See Crimes and Offenses. Exclusion of felons from United States, 4289%b. Extradition (Const. art. 4, § 2, cl. 2). Jurisdiction of ministers of United States in certain foreign countries, 7640. Misprision of felony, punishment, 10316. FEMININE GENDER, district attorneys, See Shipping issuance of li- Masculine gender includes, 1, 3421%r, 3643gq, 8932tt, 10511. FENCES Hot Springs Reservation, injury, penalty, 5263 International boundary lines, to keep out diseased animals, 8707. National cemeteries, 9371. Public lands, breaking on inclosed, 10223. Obstruction of settlement, etc., on, 4999. JFENCING ACT See Fe??ceS. Public Lands, 991(21), 4997-5002. FERMENTED LIQUORS Food, fruits, etc., use of, prohibited or restricted, 31.15%l. Internal revenue tax, additional tax, 6144b Ale, special tax, amount, 6144a. Amount of tax, 6143, 6144. Beer, special excise tax, 6144a. Bonded warehouses, removal of domes- tic wines to bonded premises, number of removals, 61148. Wines, 6110b [b]. Bottling, pipe lines, etc., 6161 Branding or marking packages, pen- alty for removing, etc., 6.156. Brewers, amount of tax, 5971(1). Bonds, renewals, etc., 6.140. Book, and monthly statements, 41. False entries as offense, 6146. Keeping, inspection, statements from, 6141. Monthly verification of entries in, 6142. Penalty for failure to keep or furnish account from, 6146. Brands to be placed on packages of liquors, 6155. Evasion of tax as offense, 6146. Exempt from special taxes on wholesale dealers in malt liquors in certain cases, 5971(5), 5973. Meters, tanks etc. at breweries, 6017a. - Nºgayment of tax as offense, locks and Seals, IFERMENTED LIQUORS (Cont'd) Internal revenue tax (Cont'd) Brewers (Cont'd) Notice of business, 6139. Permit to carry on business at other place on account of acci- dent, 6157. Purchase by one person from an- other with brand of purchaser, 6.156. Removal of liquors, bottling With- out payment of tax, 6.161. To contiguous industrial distil- leries for use as distilling material without payment of tax, 6151a. SOur Imalt stamp, 6155. Storage without stamp under permit, 6151. Sales at brewery, monthly state- ment of, 6.155. Retail, to affix stamps and keep account, 6.155. Sour malt liquors may be removed by, without stamp, 6155. Stamps, affixing, canceling, ob- taining of, 6148. . . Failure to affix and cancel as Offense, 6148. False Stalmps, fense, 6148. - Removal of liquors without, liquors for storage, 6151. Sour malt liquors, 6155. Retail sales, 6155. Sale to, 6147. Selling fermented liquors in packages having no starnp Or false stamp or twice used stamp, penalty, 6149. Unfermented worts sold to other brewers, how taxed, 6158. Who are, 5971(1). Withdrawing liquor from un- stamped packages for bottling On brewery premises, penalty, 6161. Destruction of after forfeiture in cer- tain cases, 6129. Drawback not allowed on fermented liquors withdrawn from bond for exportation, 6152. Drawing fermented liquors from pack- age without stamp or without de- facing stamp, penalty, 6150. Evasion of tax, 6146. rºtation without payment of tax, 6152. liquors, without affixing an Of- Fines, drawing liquor from package without stamp, or with false Stamp Or Without defacing stamp, 6150. False entries in books of breWers, 6146. Fermented liquors, 6146. Making, selling or using false stamps or dies, 6153. Removal or defacement of beer stamps, 6160. Removal or re-use of stamps, 6153. Removal under other than trade name, 6351. Selling, removing, mented liquors in without stamp, false Stamp, twice used stamp, 6149. Withdrawing liquors from un- stamped packages for bottling, 6.161. or buying fer- packages OI’ Forfeitures, evasion of tax, 6146. False entries in books of breWers, 6146. Liquors removed for , bottling without payment of tax, 6.161. Liquors removed from warehouse without payment of tax, 6159. Liquors removed under other than trade name, 6351. - Property for bottling on brewery premises, 6161. Property for withdrawing liquor from unstamped packages for bottling, 6161. Removal of liquors under other than trade name, 6351. - Fractional parts of a barrel, how es- timated. 6143, 6144. Fraud, qualitity of materials used not to be evidence of, 6145. Gallon, definition of, 6138. FERMENTED LIQUORS (Cont'd) Internal revenue tax (Cont'd) Grape juice, distiller of fermented grape juice to be entitled to Credit in computation of tax for wine spirits used by him, 6111. Fermented grape juice as SWeet Wine, 6112. - Liquors containing less than one-half percent of alcohol, 6161%a. Returns of manufacturers, etc., 6.16.1%b. * Materials used in production not to be assessed, 6145. Names of manufacturer to be marked On packages, 6156. Natural Wine, definition, 61.10a. Offenses, affixing fraudulent stamps by brewer, 6.148. Bottling on brewery premises, 6161. Drawing liquor from package with false stamp, without stamp, or Without defacing stamp, 6150. Evasion of tax, 6146. Failure of brewer to affix and can- cel stamps, 6148. - False entries in books by brewers, Making, selling or using false Starmps Or dies, 6153. Non-payment of tax as offense, 5965, 5966. Removal or defacement of beer Stalmps, 6160. Removal or re-use of stamps, 6153. Selling, removing or buying fer- mented liquors in package without stamp, false stamp, or twice used stamp, 6149. Withdrawing liquor from un- #ºped packages for bottling, Payment, on removal to bottling house, 6161. Vendee or lessee in certain cases, 6348b. Penalties, affixing fraudulent stamps by brewer, 6148. Evasion of tax, 6.146. - Failulre of brewers to affix - and Cancel Stamps, 61.48. Failure of brewers to keep books Or furnish account therefrom, 6146. Fº entries in books of brewers, Removal or defacing brands, etc., on packages of liquor, 6.156. Removal or defacing stamps, 6160. Permit for removal for storage with- out stamps, 6151. Permit to carry on business at other place on account of accident, 6157. Persons by whom tax to be paid, 6142. Porter, special tax, amount, 6144a. Possession after removal from Ware- house when tax not paid to be Cause for forfeit, 6159. Purchase by one person from another with brand of purchaser, 6.156. Removal for storage without stamps, Removal under other than trade name, penalty, 6351. Retail dealers, tax, 6110b [b]. Selling at retail at brewery, brewers to affix stamps and keep accounts, 6155. - Selling, removing or buying ferment- ed liquors in packages without stamp, false stamp or twice used stamp, penalty, 6149. Sour malt liquors removable in pecul- iar packages without stamps, 6154. Special excise tax, ale, amount, 6144a. Beer, amount, 6144a. Lagerbeer, amount, 6144a. Porter, amount, 6144a. Stamps absence of to be notice that tax has not been paid, 6159. Affixing, 6148. Fraudulent stamps, 6.148. Brewers selling at retail to use, 6155. Cancellation, 6148. By perforation, 6144. Defacing, penalty, 6160. Discontinuance of use of certain stamps, 5986d. Drawing liquor from package with- out stamp or without defacing stamp, penalty, 6150. exemption from Wine "GENERAT, INDEX [Page 21.191 [References are to sections, except where otherwise indicated.] FERMENTED LIQUORS (Cont'd) Internal revenue tax (Cont'd) Stamps absence of to be notice that tax has not been paid (Cont'd) False stamps or dies as offense, ‘Form of, etc., change, 6342. Fraud or neglect, penalty, 6148. How obtained, 6148. Liquors withdrawn for bottling, de- facement of, requisite number, accounting for, etc., 6.161. Loss or destruction, 6097. Making, selling or using false stamps or dies as Offense, 6153. Payment for liquor withdrawn for purpose of bottling by deface- ment of, accounting for, 6.161. Preparation by commissioner of internal revenue, 6147. Printing on hand roller presses from engraved plates, 6344. Rºmance when lost or destroyed, Removal, penalty, 6160. Punishment, 6153. Removal to storage without being Stamped to be Stamped at place of storage, 6151. Re-using, punishment, 6.153. Sale by collector of internal rew- enue, 6147. * Selling, removing or buying fer- mented liquors, in packages with- out stamps or false stamps or twice used stamps, penalty, 6149. Sour malt liquors removable with- out, 6.154. Wines, 6110b [b]. Sparkling, assessment in lieu of, 61.14b. Sweet, definition, 61.10a. Tax extended to those produced any- where in the United States, 6350. Jnfermented worts sold to other brew- ers, how taxed, 6158. Wines, abatement on refundment Or payment of tax under other acts, 6110b [a]. Alºnce for unavoidable loss, ë. Blending or mixing wines not for- bidden, 61.14c. Bonds, 6110b [b]. Classification, rate, 6110bſal. Definition and classification, 6110bſal. Distilied spirits, what classified as, 6110b [a]. g Family use, exemption from tax, 6110b [b]. Fermenting vats, manufacture of wine, 6120. Forfeiture for violation of act, 61. 4C. Imitations, 6110b [a]. Inventory, 6110bſb]. Notice by possessor, 6110b [b]. Penalty for evading tax, 61.14c. Regulations to be made by Com- missioner of internal revenue, 61.14f. Removal of domestic wines to bonded premises, number of re- movals, 61.14a. Shipping, under false name or brand, penalty, 6351. Sparkling wines, amount of tax, exception, 61.14b. Stamps, assessment in lieu of, 61 e Stamp tax, time of payment, ex- ceptions, 6110b [b]. Sweet wines, definition, 6112. Use of sugar and water in perfecting, 6112. Tax on product of wines used as imaterial, 61.14a. Use of wine spirits to fortify, de- tail of gaugers to supervise, 61.14d. Use of wine spirits without pay- ment of tax, to fortify pure sweet wines, 6111. Vermuth, 6110b [a]. Vintners, exemption, 5975. Withdrawal from bond for exportation without payment of tax, 6152. Original packages, 8738. Prohibition territory, manufacture in not permitted by food, etc., conserva- tion act, 31.15%l. - Use of mails for advertisement of intoxicating liquors intended for, 10387a-10387e. FERMENTED LIQUORS (Cont'd) Shipment into State, etc., in violation of laws, 8739. FERRIES Military reservations, 4920. “Railroad” to include, 8563, 8677. Wºº, Point, New York, wharfage dues, 2&Ua. FERRY-IBOATS Collision Trules, see Collision. º and clearance by, not required, Exports of merchandise, information fur- nished to collector of customs, 881. Fººn, between United States ports, Inspection of hulls and equipment, 8187. Lights, on Red River of the north and rivers emptying into the Gulf of Mexico, rules, 7949. Rules for preventing collisions on St. Lawrence River, 7917. t Rules of supervising inspectors, 7906. West Point, New York, wharfage dues, 2280a. FERRYMEN Delaying passage of mail, 10372. FERTILIZERS Conservation, distribution, price fixing, etc., 31.15%a-31.15%rr. Nitrate plants for manufacture of, 3110b. IFHCTITIOUS NAME Identification of persons claiming mail under, 7341. Letters, etc., addressed to, forwarded to dead letter office, 7341. Shipments, of intoxicating liquors in Alas- ka, 3643e. * IFID'JCHARIES ; Discharge in bankruptcy, bility for embezzlement, FIELD ARTHILLERY See Artillery. Aºnition batteries and battalions, a, effect on lia- etc., 9601. Artillery parks, enlisted men, 1736a. Officers, 1736a. Organization, 1736a. Assignment of officers to School of Fire for Field Artillery at Fort Sill, 2016a. Assistant pack master, 1736.a. ' Band corporals, 1736a. Band sergeants, 1736a. Battalion sergeant major, 1736a. Battery, composition of, 1736a. Brigades, composition, 1758a. Buglers, 1736a. Cargador, 1736a. Chaplain, 1868a. Chief mechanic, 1736a. Chief of Coast Artillery not to exercise control over, 1727. Cooks, 1736a. Defined, 1730. Depot batteries and battalions, 1736a. Detail of sergeants to national guard, 3074a. Divisions, composition, 1758a. Enlisted men, pay, 2144, 2144a. Head quarters company, composition, 1736a. Horseshoers, 1736a. Increase by president, 1736a. Limitation on number of appointments of increased officers, 1991d. Material for militia, 3062. Mechanics, 1736a. Mess sergeants, 1736a. Number of regiments, 1717a, Officers, 1736a. Organization, 1736a. Pack master, 1736a. Part of regular army, 1717a. Pay of non-commissioned officers and enlisted men, 1737, 2144, 2144a. Tresident, increase, 1736a. Provisional organization of cavalry in- to, 1718a. Regimental sergeant major, 1736a. Regiment, chaplain, 1868a. Composition of, 1736a. Number, 1717a. Pay of non-commissioned officers and men, 1737, 2144, 2144a. Regular army, composed in part of, 1717a. Retired officers on active duty, rank; pay, etc., 2080b. Saddlers, 1736a. School of fire, assignment to, 2016a. Translator for, 2016aa, Appendix p. FIELD ARTILLERY (Cont'd) Sergeant buglers, 1736a. Stable sergeant, 1736a. Supply sergeants, 1736a. Veterinary corps, assignments from, 1724a. Wagoner, 1736a. FIELD OFFICERS Coast and Geodetic Survey, 8562b. Payment for horses lost in military Serv- ice, 6390. IFILDN G. See Records. Affidavits upon, which certificates of Sea- men are issued, 8363a. Claim for injuries to goods shipped, 8604a. Claims against Common carrier, limita- tion of liability, 8604a. Search warrants, inventory, etc., 10496%q. FILEPHNOS See Philippines. Military academy, pillos, 2234. FHLLED CHIEESE Imitation subject to police powers of State, etc., 8740. - Internal revenue tax, amount of tax, 6248. Appeal from decision of Commissioner as to quality, 6254. Assessment of tax on cheese sold With- out Stamps, 6249. Cheese, defined, 6242. Commissioner to determine whether ingredients are deleterious to health, appeal from decision, 6254. Definition of, 6243. Forfeitures, cheese purchased from manufacturer who has not paid tax, 6252. Recoverable in any court, 6256. lunstamped or deleterious cheese, instruction of Fili- Imported. stamps, marks and brands, 6250. Tax in addition to duty, 6250. Labels to be placed on packages, 6247. Manufacturers, amount of tax, 5979. Bonds, new sureties, etc., 6244. Books, 6244. Carrying on business without pay- ment of as offense, 5969. Inventory, 6244. Labels and notice to be placed On gºases, penalty for failure, 62 Laws applicable, 5979. * Penalties for violation of regula- tions, 6244. Returns by, 6244. Signs to be displayed by, 6244. Statement of business, 6244. Who regarded as, 5979. Marks and brands, 6245. Imported cheese, 6250. Packages after breaking of origi- * nal package, 6245. Notice to be placed on packages, 6247. Offenses, carrying on business of man- ufacturer of or dealer in Without payment of tax, 5969. Failure of manufacturer to give bond, keep books, etc., 6244. Failure of manufacturer to place label and notice on packages, Failure of wholesale or retail deal- ers to display signs, 6246. Failure to destroy stamps on emp- tied packages of filled cheese, 6253. Sale without stamps, brands, etc., OT With false stamps, brands, etc., 6245. Packing, method, 6245. Penalties, purchasing cheese from manufacturer who has not paid tax, 6252. Purchasing cheese not branded or stamped, 6251. Recoverable in any court, 6256. Purchase of cheese from manufactur- er who has not paid tax, penalty, 6252. Purchase of cheese not branded or Stamped as offense, 6251. Regulations to carry act into effect to be made by commissioner of inter- nal revenue, 6257. Retail dealers, amount of tax, 5979. Laws applicable, 5979. Marks and brands on packages aft- er breaking original package, 6245. GENERAL INDEX FILLED CHEESE (Cont'd) Internal revenue tax (Cont'd) Retail dealers (Cont'd) . . . - - To sell only from original Stamp- ed packages, 6245. - - Signs to be displayed by, 6246. Who regarded as, 5979. Stamps, assessment of tax When sold Without, 6249. - Emptied packages to be destroyed, penalty for neglect, 6253. Forfeiture of unstamped cheese, 6255. Imported cheese, 6250. Laws applicable to as tion, sale, accountability, to destruc- etc., penalty, 6251. Tax to be paid by, 6248. a Tests to determine if deleteriotis to health, 6254. Wholesale dealers, Purchasing cheese not stamped, amount of tax, Laws applicable, 5979. Returns to be in original stamped packages, 6245. Sales to be in original stamped packages, 6245. Signs to be displayed by, 6246. - Who regarded as, 5979. . FHILLED CHIEESE ACT See Filled Cheese. Text of act, 5969, 5979, 6242-6257. FIELMS Loan, rental, or sale by Secretary of Agriculture, 832C. Prize fight films, transportation or im- portation, prohibited penalty, 10416- 104.18. FINANCIAL AND FISCAIL AGENTS See Public Moºney. Expenses, allowance for, 6657, 6658. Federal reserve bank as, 9797(2), 9798(1). Financial clerk, in patent office, 673. Patent office, appointment, salary and bond, 739a. Of Senate, deduction from Senators’ salaries of amount due for printing, 6995. Joint committee on library, books from | library, 139. Patent Office, financial clerk, 739a. Payments of appropriations for charita- ble, etc., purposes, 6669. Public officers to perform duty as, 6638. FINDINGS Of court on waiver of jury, 1587. Hämployés’ compensation commission, 8932rr. - Federal Reserve Board enforcement of Clayton Act, 8835.j. Federal Trade Commission, enforcement of Clayton Act, 8835.j. Interstate Commerce Commission, forcement of Clayton Act, 8835.j. Suits against United States, 1577. FINE ARTS See Art; Commission of Fine Arts. FINE ARºS COMHMISSION AGT See Commission of Fine Arts. Text of act, 3367, 3368. FINE CUT TOBACCO See Tobacco. FINES AND PENALTIES See Forfeitures ; Refunds ; Remission ; Wenſue or District of Sºtič. . Abandoned or captured property, dealing in, 2308a, art. 80. Agents of corporations, violation of Anti- Trust laws, 88.35m. - Aiding escape of interned persons, 10182h. Alaska, coal land leases, interest in more than one, 5078g-5078h. Eggs of game birds, destruction of, 3614. + en- Election offenses, 3558. Fisheries act, violation of, 3642. Fishing by aliens, 3624. Game laws, Violation of, 3621. Manufacture, etc., of intoxicating liq- uors, 3643b-3643r. Recorder failing to account for fees, 3578. Refusal to perform road work or pay road tax, 3598. Road overseers, refusal to act or to account of moneys, 3597. American National Red Cross, fraudulent representatives of, use of insignia, etc., 7700. [Referenc [Page 21201 es are to sections. except where otherwise indicated.] |FINES, AND PENALTIES (Cont'd) . Anchorage regulations, violations, 9959a. Anchoring vessels to obstruct or inter- fere with range lights, 8442, 8442a. | Animals, moving from quarantined State, etc., 8705. - In transit, failure to care for, 8653- 8656. - - Transportation from State, etc., 8705. Violation of regulation of exportation and transportation, 8700. - Antiquities, etc., 5278. Apples, misbranding, etc., 8737. Application of certain, to naval hospital, 9201, 9202. Against Soldiers, application to Sol- - diers’ Home, 9220. Appraisal of merchandise, refusal to an- Swer questions, 5597. Appropriations, expenditure in excess of, etc., 6778. Arson, 10459. - Assault and battery, 10449. With dangerous weapon, 10449. Felonious, 10449. On immigration officer, On officer, 10310. . Assistant treasurers receiving commis- Sions, etc., 6587. Attempting to influence witness, juror, or officer, 10305. . - Attempt to influence juror by writing, 10307. Badges of naval reserve force, wearing When not entitled thereto, 29.00%a (18). Banker, etc., receiving unauthorized de- posit of public money, 10264. Bank examiners, for disclosures, 9833. Bank officer, etc., for making loans, etc., to bank examiner, 9833. Bankrupt concealing, etc., property, 96.13. Barrels, sale or shipment of barrels not standard, 8907d. Sellings lime in unmarked barrels, 8907.j. Bills of lading issued by interstate car- riers, forging or counterfeiting, 8604u. Boarding vessels before arrival, 8387. Bonded warehouse, for imports fraudu- lºy Opened by importer or proprietor, quarantined appropriation, destruction, etc., 4289%i. Breaking or removal of locks placed on Vessels by inspectors of customs, 5773. Bribery, judicial officer, 10301. Judical officer accepting bribe, 10302. Juror, referee, etc., accepting bribe, 10303 ... • Meat inspectors, etc., 8681 (20). New York Harbor officers, 9935. Porto Rican officers, 3803m. Revenue officers, 5531. Accepting bribe, 5532. |United States officer, 10203. Witnesses accepting bribe, 10304. Bridge owners, etc., failing to comply with Order for removal of obstruction to navi- gation, 9970. Bºº owners violating act regulating, Capital Issues Committee, violations of act, 31.15%;o. Capitol grounds, depredations on, 3400. Carrier pigeons, entrapping, etc., 10212h4%. Carrying on business without payment of Special excise tax, 5980j. Carrying on of prohibited trade or busi- sº by clerks in treasury department, Carrying sheath-knives on merchant ves- sels, 8389 Census, divulging information as to cot- ton, • Enforcement by indictment or infor- Imation, 4412. Refusal of officers or employés to per- form duties, 4408. Refusal to answer questions, 4409, 4410. Refusal to furnish information as to cotton, 4432. Certificates of discharge from military or naval service, forging, etc., 10242a. Child labor in mines in territories, 35.13. Chinese Exclusion Act, alteration or for- gery of certificates of identity, 4294. Alteration or forgery of certificate of return, 4312. Bringing in Chinese unlawfully, 4310. Bringing or landing laborers not en- titled to enter, 4298. Failure to make list of Chinese pas- || sengers, 4295. EINES AND PENALTIES (Cont'd) Chinese Exclusion Act (Cont'd) Fºry of certificate of residence, Permitting laborers to enter, 4291, 4305. tº Violation of act in general, 4302. Cigars, purchase from manufacturer who has not paid special tax, 6213a. - r Circulating notes, issuance to unauthor- ized associations, 9728. Citizenship, attempting to vote, etc., on false certificate, 10246. Falsely claiming, 10247. Possession of blank certificate for un- g lawful use, 10245. Civil rights, conspiracy to injure, persons in exercise of, 10183. Depriving citizens of, under color of state laws, 10184. - - Discrimination against jurors by rea- son of race or color, 3929. e Failure of district attorney to prose- Cute violation of, 3928. - Inns, Conveyances, theaters, etc., dep- rivation of rights in, 3926–3928. Refusal of marshal to receive or exe- Cute process, 3939. Civil service laws, 3285. Clerks of district court, failure to make report, certificate, etc., 1329 Clerks of State courts refusing copy of record, 1021. Clubs, receiving or keeping liquors District of Columbia, 34.21%.e. Coast Artillery fire, violation of regula- tions to prevent injuries from, 9862a- 9862C, Appendix p. 1798. Coast Guard, use of vessels for private purpose, 8459%a.(6). Coasting trade, engaging in without rollment or license, 8124, 8125. Engaging in without enrollment or li- cense, remission or mitigation, 8126. Manifests and permits, failure to de- liver manifest before unlading, 8104. Transportation of merchandise without compliance with require- Iments as to, 81.13. Trading between remote districts, fail- ure of delivery of manifest be- fore unlading, 8108. Penalty for proceeding without manifest and permits, 8106. Cocaine, exportation in violation of regu- lations, 880.1e. Collection of judgment for, 1705. Collision rules, Great Lakes, 7939. * In harbors, rivers and inland waters, 7907, 7908. Combination to fix prices for postal sup- plies, etc., 7266. Commitment for nonpayment, introducing liquors into Indian country, 4137. Common carriers, bills of lading, forging or counterfeiting, 8604u. Collecting purchase price of interstate or foreign shipment, 10409. Corporation carriers violating acts regulating commerce, 8597. Delivery of intoxicating liquors in District of Columbia, 3421%dd. Delivery of shipment of intoxicating liquors to other than bona fide con- signee, 10408. Disclosure of information concerning shipments, and soliciting, etc., such information, 8583. Eight hour day wage law violations, 86806. Embezzlement by officers, of moneys, property, etc., used in Interstate Commerce, 8602a. Failure to comply with orders as to car service, 8563(8). Failure to comply with regulations, etc., of Interstate Commerce Com- mission, 8569. Failure to file, etc., rates, etc., or to observe same, 8597. Failure to give preference to com- modities essential to national de- fense, 8563 (10). - Failure to give Written statement of . rates, etc., 8569. ... - Failure to make report of accidents, etc., in en- 8643. False billing at less than regular rates, 8574. False entries in accounts, records, etc., or alteration, etc., thereof, 8292. Furnishing free transportation 8563. GENERAL INDEX [Page 2121] [References are to sections, except where otherwise indicated.] FINES AND PENALTIES (Cont'd) Common carriers (Cont'd) Inducing or attempting to induce dis- crimination by, 8574. Obstructing transportation, 8563(9). Rebates, etc., 8597. Not released by certain act, 8601. TJnlawful dealings with corporations having common director, officer, etc., 8835i. Violation of law as to inspection of lo- comotive boilers, 8638. Violation of prohibitions not otherwise provided for, 8574. Concealing person from arrest, 10311. Confederating, etc., with pirates, 10480. Conspiracy, to commit offense against |United States, 10201. To intimidate party, witness, or juror, 306 - To prevent officer from performing duties, 10185. Seditious, 10170. - Consular courts, powers of, 7646-7649. Consular officers, exacting excessive fees, Failure to collect fees, 3180. Illegal transaction of business, 3153. Containers, Selling lime in unmarked con- tainers, 8907.j. Contested elections of members of House of Representatives, failure to produce papers in, 180. Contingent fees for refund of customs du- ties, 5595. - Contractors, for carrying mail, 7450. Côoly trade, contracts to supply labor, 4350. . Engaging in, 4345. Involuntary transportation of Chinese, etc., 4349. - - Copyright, false affidavit for, 9538. Infringement, 9549. Exhibits at Panama-Pacific Expo- sition, 9527. -- Enowingly selling or importing article bearing false notice of, 9550. Publications, failure to deposit copies of, 9534. . Costs, defendants liable, 1615. * - Informer or plaintiff when liable, 1616. United States, when not subject to, under internal-revenue laws, 1610. Counterfeiting bills of lading issued by |. interstate carrier, 8604u. Weather forecasts, 10229. Court officers, failing to deposit money, etc., 10267. Purchasing fees at less than face val- ue, 10273. Receiving loans, etc., 10268. Courts-martial, militia, 3049b–3049á. Naval militia, 3078a(45-48, 52, 53). Sentences against soldiers, payment to Soldiers’ Home, 9220. Crater Lake National Park, violation of regulations, 5230. Criminal correspondence with foreign gov- ernments, 10169. Currency, coinage, etc., circulating bills of expired banks, 10344. Cººting parts of different bills, etc., Counterfeiting, dies for foreign coins, 10340. Dies for United States coin, 10339. Foreign securities, 10326. Gold or silver coins or bars, 10333. Minor coins, 10334. National Bank notes, 103.19. Notes of foreign banks, 10328. Securities, 10318. Dealing in counterfeit securities, 10324. | Piºns coins by officers of mint, Falsifying, mutilating, coins, 10335. Forging securities, 10318. Imitating national bank notes with advertisement thereon, 10345. Imitating securities or printing adver- tisement thereon, 10347. - Issuing notes less than one dollar, Or lightening "Making and importing, etc., tokens, prints, etc., similar to United States or foreign coins, 10341. Making or uttering coins resembling money, 10337. Making or uttering devices of minor Coins, 10338. Mºins, etc., national bank notes, cooly | FINES AND PENALTIES (Cont'd) Currency (Cont'd) . . . Possession, counterfeit foreign securi- ties, etc., 10330. : Counterfeit plates of foreign Secu- rities, 10331. Distinctive paper for obligations of United States, 10320. Secreting or embezzling tools or ma- terials for printing securities, 10325. Taking impressions of tools, imple- ments, etc., 10322. TJsing plates to print notes without authority, etc., 10320. Uttering counterfeit foreign securities, 10327. Uttering counterfeit notes of foreign banks, 10329. Uttering, etc., forged 10321. Customs, admitting entries for less than legal duty, 10236. Breaking and entering vehicles, con- taining imports for transportation in bond, 5701. Breaking lock Seals on vessel or car with merchandise from contiguous country, 5817, 5818. Compromise, 5804. - Concealing, buying, etc., goods liable to seizure, 5785. Concealing dutiable articles in bag- gage, 5499. - Concealing or destroying invoices, etc., of imports, 10232. . . . . . Distribution of proceeds, 5794-5796. Entry of merchandise, by false in- voice, etc., 55.24 - Not incurred by immaterial devia- tion from forms, 5465. - Failure to pay duty on sea-stores, 5824. e - obligations, Failure to report saloon stores or pay duty thereon, 5825. False certification by consular officer, 0238. Falsely assuming to be revenue offi- cer, 10234. Forging customs entry certificates, 10231. Limitations, 1713. Nondelivery of manifests of cargo of vessels and vehicles from adjacent countries, 5811. Offering presents to customs officer, Recovery by district attorney, 5803. Refusal to allow search, 5764. Saved from repeal, 5316. * Securing false entry of goods, 10237. Taking seized property from revenue officer, 10239 TJnlading of vessels on northern, etc., frontiers at night, 5832. Vessel, car, etc., failing to proceed to destination after sealing, 5816. Vessels from British Province violat- ing regulations, 5841. - Customs officers, default in taking or cer- tifying oath, 5353 Failing to account, 5380, 5381. Failing to certify production of mani- fest, 5511. Failing to post rates of fees and du- | ties, 5376 Gifts, , receiving for performance of services, 8128, 8.129. Owning vessels or engaging in impor- tation, 5379. - Dam owners failing to comply with or- | ders, 9980. Failing to maintain lights, etc., 99.78. Depositing of refuse in navigable waters, 99.21. - Lake Michigan near Chicago, 9946. New York Harbor, 9.933. Potomac River, 9.942–9945. Desertion, disobedience, assaults, other offenses by seamen, 8380, 8389, 8390. . Pºsition, military and naval service, 3954. 8383, Destroying, etc., public records, 10298. By officer in charge, 10299. Destruction of war material, etc., 102.12h43. Detention of seaman’s clothing, 8293. Directors, corporations, violation of Anti- trust laws, 8835m. Discharge of poor convict, 1706, 10.138. and || FINES AND PENALTIES (Cont'd) Discharge of seamen, 8338-8340. - Discrimination by theaters, etc., against. persons Wearing uniform of army, navy, etc., 10496. . . Disobedience to subpoena of court-mar- tial, 2308a, art. 23. - Disorderly houses near military camps, 2019b. - Distilled spirits and wines landed without inspection, 5575. Distress for rent against persons in mili- tary service, 3078% ee. District attorney, failure to prosecute, vi- olation of civil rights, 3928. - District of Columbia, sale, etc., of liq- uors, 342.1%a, 342.1%b, 342.1%bb, 34.21% co, 342.1%d, 342.1%dd, 342.1%.e., 342.1% ee, 342.1%f, 34.21%g, 342.1%h, 342.1%hh, 342.1%in. - - Diversion of waters from Niagara River, - 99.89%h. 99897, Appendix p. 1799. ... <3 Draw bridge operators, etc., failing to open draw, 9973. Drunkenness on merchant vessels, 8383. Effect of Judicial Code, 1277. Effect of repeal of criminal laws, 10517. Effect of termination of food conserva- tion act, 31.15%pp. . Embezzlement, arms, stores, etc., 10200. Internal revenue officer, 10265. National bank officers, 9772. + Officers of common carriers, of mon- eys, property, etc., used in Inter- state Commerce, 8602a. Public moneys, etc., 10214. - Trustee in bankruptcy, 96.13. Employés’ Compensation Commission, perjury before, 8932t. - Bºnent to serve against United States, 101.72. - Enrolled vessels, refusal to exhibit enroll- ment for inspection, 8085. . Enrollment of vessels, forging, etc., 8130. Illegal, 8128, 8129. + Obstructing officers, 8181. Enticing, boy from National i School for Boys, 9405. Desertion from Army or Navy, 10206. Workmen from arsenals or armories, 10207. - . Entry into or departure from United States without permit, etc., 7628g. . Escape, allowing, 10308. . . r Interned persons, aiding, 10182h. : Eviction of tenant in military service, 30.78% ee. Examiner of accounts, etc., of common carriers divulging facts, etc., 8592. Excessive and illegal fees, enrollment or license of vessels, 8128. Prosecution of claims for arrears of pay for army service, 2204. Under public land laws, 4546. Excessive, prohibited (Const. am, 8). Philippines, 3810. - - Porto Rico, 3803aa. Execution to enforce payment of, 1705. Explosives, failure to mark packages for transportation, 10405. - Violation of act regulating manufac- ture, sale, etc., 31.15%j. i Exportation of opium, cocaine, etc., in vi- olation of regulations, 8801e. Exportation of war materials unlawfully, 7677, 7678. Exports in time of war, 7678b. Extortion, 10253. Customs officers, 5377, 5378. Informer, 10315. Internal revenue agents, 5856. False affidavit, able seaman’s certificate, r 8 Training 363a. Copyright, 9538. . * Military service of person agains? whom default judgment was taken, 30.78%bb. * Sanity or insanity, 9339. False billing, etc., by carrier at less than regular rates, 8574. - - F; certificate as to sanity or insanity, False demand on fraudulent power of at- torney, 10.198. . False entry by Indian agent, 4001. False information by registers as to entry of lands, 4495. False making, altering, etc., of writings concerning lands, etc., in California, 5117-5119. - GENERAL INDEx d FINES AND PENALTIES (Cont'd) False, oath, applicant for use of free bath ºe On Hot Springs Reservation, Master of vessel, 7722. False pass-ports, issue of, 7628. False personation, holder of public stock, etc., 10197. - - United States officer, 10196. False returns by postmasters as to spe- Cial delivery matter, 7289. False stamping, articles made of gold or silver, 8809. Gold or silver, 8803, 8809. False statements, in, claims under war __ risk insurance act, 514nn. In declarations filed by purchaser of vessels, 8146r(4), Appendix p. 1790. By purchasers of liquors in District of Columbia, 34.21%bb. To United States Shipping Board 8146r(5), Appendix p. 1790. Federal controlled transportation tems, violation of act, 31.15%k. Federal farm loan act offenses, 9835v. Federal reserve bank, organization certifi- cate, 9788(4). - Paying out notes issued through an- other, 9799(3). Fºl Trade Commission act violations, J. - Fees, clerk, marshal, etc., liability of f plaintiff, 1617. - . - Fiºre to account for, or pay over, Fires, on public lands or Indian reserva- tion failure to extinguish, 10220. Fisheries, in Alaska, 3642. In Alaska, fishing by aliens, 3624. Engaging in fishing trade without en- rollment or license, 8124-8126. Failure to keep nets, etc., from sub- marine cables, 100.91. - - Shell fish in New York Harbor Chan- nels, 9941. - Fishing on protected portions of national forests, 5187b. Fishing voyage, for, 8.148. - Flags, mutilation, etc., 3369b. - Use for advertising purposes, 3369b. Food and dairy products, misbranding as to place of production, 8730. Food and drugs, manufacture of adulter- ated or misbranded, 8717. Shipment, delivery, etc., of, adulterat- ‘ed or misbranded, '8718. - Food, etc., conservation act, violation of, 31.15%aa, 31.15%f, 31.15%g, 31.15%gg, 31.15%hh, 31.15%i, 31.15%k, 31.15%l, 31.15%m, 31.15%q, 31.15%qq. Foreign commerce, injuring vessels en- gaged in, 10483a. Interference with by violent means, 104.18a. Foreign consul, delivery of paper to for- eign vessel before clearance, 7802. Foreign mail contractors, for delay, 7528. Foreign merchandise, failure to report ar- rival on transportation inland, 8116. Foreign ministers, assaulting, etc., 7610. Sys- violation of agreement TJnlawful issue of process against, 7611, 7612. Foreign relations, disturbance of, 7678l- 7678.p. , - - Forgery, bills of lading issued by inter- state carrier, 8604u. . Bonds, bids, etc., 10192. Certificate of citizenship, 10242. • Certificate of inspection of plants, etc., Certificates of registry of vessels, 7777. Deeds, powers of attorney, etc., 10193. Having writings in possession, 10.194. Letters patent, 10191. Meat inspection, labels, etc., 8683, 8711. Naval, military or official pass, 10240c. Ship’s or custom-house papers, 10240. Signature of judge, etc., 10300. Fornication, 10491. Fort, etc., unlawfully entering, 10209. Fraud against United States, persons in military service, 2308a, art. 94(11). Persons in naval service, punishment, Í 2975. Fraud, interference with delivery, etc., of prize property, 10202. Issue of false pass-ports, 7628. Marking imported articles and pack- ages, 5298. - Notice of copyrights or removal of no- tice, 9550. Removal of house, 5680. [Page 2122] INES AND PENALTIES (Cont'd) Fraud (Cont'd) - - Representatives Of, use of insignia, etc., of American National Red Cross, 7700. Taking, etc., baggage, 8603. Fruit, use of non-standard containers, 8907 n. Fur-bearing animals, landing, Pribilof Islands, 8853. Remission, 8852. - - Fur Seal and sea otter, unauthorized tak- ing, etc., 8843, 8850. Game laws in Alaska, violation, 3621. Gold, false stamping, 8803, 8809. Government agents and employés, est in Indian contracts, 6893. - Persons interested acting as, 10205. Grain Standards Act violations, 87.47%h, 8747%i. - Harboring or concealing persons violat- ing espionage act, 10212e. - Harbor regulations at Washington, D. C., violation of, 9953. Hawaii, contempt of Legislature, 3667. Hot Springs Reservation, taking or using §º bathing in water of springs in, Hourº, labor, stipulations in contracts, 22 Violation of act, 8679, 8919. Hunting, etc., Grand Canyon national forest, 5160. - National military parks, 5285. Protected land in national forests, 5187b. - Wichita National Forest, 5157. Hydraulic mining, injuring navigable wa- ters, 10026. - Injuring works used etc., on inter- in connection with, 10026. Immigration laws, violation of, 4246, 4257, 4289%.c, 428914cc, 4289%d, 4289%dd, 4289%e, 428914ee, 4289%h, 4289%hh, 4289%i, 4289%j, 4289%ll, 4289%m, 4289%qq, 4289%r, 4289%ss. Importation, cattle and hides, 5303. Diseased, etc., cattle, 8684. During foreign war, 8836q. Grain and seeds adulterated or for seeding, 8747. Lottery tickets, 10407. Obscene books, 10415. Opium by Chinese, 8797. Transportation, etc., of opium in Chi- na by citizens of United States, 8799. Imports, goods in warehouses, oblitera- tion of marks, 5678. Liquors not stamped, 5651. . Merchandise fraudulently entered, 5527. Selling for less than foreign market Value, 8836m. * - - Withdrawn for re-warehousing, failure to deliver, 5686. - unfit Reservation, 5272. Poor debtors, 6377. Inciting rebellion or insurrection, 10168. Income tax, Collecting foreign payment of interest, etc., without license, 6336i f]. Failure to make return or pay taxes or false return, 6336i(a), 6336n (c), 63.364. Fraudulently obtained deductions or exemptions when payment is made at source, 6336iſb]. . Incurred under laws relating to business of Post-Offige Department, enforcement, remission, etc., to be subject to rules of Postmaster-General, 601. Incurred under statutes in Revised Stat- utes, prior to #epeal, etc., 5. Indian agents, false entries, 4001. - Indians, action of debt to recover, 4116. Carrying seditious message to cause violation of treaty, 4096. Correspondence with foreign nations to excite Indians to War, penalties, 4097. Driving stock to feed on Indian lands, Entering Indian country without pass- port, 4131 \ Hunting on Indian lands by person other than Indian, 4135. Inducing conveyance of trust inter- ests in lands, 10227. Introducing liquors into Indian coun- try, 4136a, 4137. - Lands, settling on, 4108. Negotiations of treaty for sale of In- dian lands without authority from United States, 4100. imports from bonded W8.Te- | Purchase from, 4132. Imprisonment for, offense on Hot Springs [References are to sections, except where otherwise indicated.] | FINES AND PENALTIES (Cont'd) Indians (Cont'd) - - Rºwing Cattle from Indian country, Reservations, fires on, 1022 Return of person removed from Indian failure to extinguish country, 4151. Sale of liquors to, 4136a, 4137. Sending seditious messages to, to Cause violation of treaty, 4095. Setting up distilleries in Indian coun- try, 4144. - Tººns With Indians without license, Trading with persons employed in In- dian Affairs, 4026. - - Indorsement on official envelopes, 7370. Infringement of copyright willfully for profit, 9549. Infringement of patents, trade-marks and Copyrights on exhibits at Panama-Pa- cific Exposition, 9527. - Injunction. against maintenance of liq- uor nuisance, in Alaska, violation of, 3643kk. In District of Columbia, violation of, 3421%hh. Injuries, fortifications, etc., 10208. Grave-stones, etc., National teries, 9376. Hydraulic mines, 10026. - Pºrty on Hot Spring Reservation, Ceme- River and harbor improvements, 99.09. United States telegraph, etc., lines, 10228. te Works used in connection with hy- draulic mining, 10026. Insecticides and fungicides, manufacture of adulterated or misbranded, 8765. Shipment, delivery, etc., 8766. Insignia, American National Red Cross, fraudulent representatives of, use of, Inspection, obstructing child labor law in- spections, 8819e. Inspection of steam-vessels, construction of boiler plates not inspected and stamped, 8192. - False certificate by inspector, 8.186. Fº stamping steel boiler plates, | Insurrection inciting, 10168. Internal revenue, adulterated butter, fail- ure of manufacturer to place label and notice on package, 6236. Adulterated butter, sale of unlaw- fully packed, without stamps or with false stamps, brands, etc., 6235. Appeal to commissioner as condition precedent to suit to recover penalty unlawfully collected, 5949. Banks and bankers, refusing to make return of circulating notes, 6296. Carrying on business without payment of special tax on occupation, 5965– Cigar manufacturers, failure to give bond or obtain certificate, 6197. . Failure to keep books, records, etc., 6200 Failure to keep sign, 6.198. Failure to place label and notice on cigar boxes, 6203. - Cigars, false stamping or branding, 6202. Fraud in manufacture on COrn- mission or shares, 6209. Purchase, from manufacturer Who has not paid special tax, 6213a. Purchasing cigars not branded or stamped, 6213. - Removal from manufactory with- out being properly boxed, stamp- ed, branded, etc., 6207. • . Sale of imported, not stamped as required by law, 6212. Compromise of violations by district attorney or marshall, 5893. Cotton futures tax violations, 63090, 6309p. Disclosure of operations of manufac- turers, 5887. Distilled Spirits, adding substance to create fictitious proof, 5987. Additional tax on rectified, puri- fied and refined spirits or wines, 5986C. Affixing imitation stamps, 6108. Breaking locks, etc., on apparatus after reduction of capacity of distillery, 6093. - GENERAL INDEX [References are to secti FINES AND PENALTIES (Cont'd) Internal revenue (Cont'd) - Distilled spirits (Cont'd) Breaking locks (Cont'd) - On distillery receiving cisterns, 6006. Buying or selling spirit casks hav- ing inspection marks, .. 6106. . Carrying on distillery without giv- ing bond, 6021. - sy Changing stamps or shifting Spir- its, 6107. - Defrauding or attempting to de- fraud United States of tax, 5998. Distillation at prohibited places, Employment by gauger of distiller, etc., to perform his duties, 6031. Evading tax, 5992. - * Failure to comply With proVisions for deposit in special bonded warehouses for grape brandy, 6049 Failure to deposit in general bond- ed warehouse on removal from distillery warehouse, 6065. Failure to furnish facilities for ex- amination of distilleries, 6017. . Failure to gauge, brand, etc., Spir- its drawn into new packages, 6104. Failure to give notice of intention to carry on business of distiller or rectifier, 5995. Failure to keep or destruction of - distillers’ books, 6085 Failure to keep or destruction of rectifiers” . Or wholesale liquor dealers’ books, 6100. - Failure to make returns by whole- sale liquor dealer as to quantity of spirits received, 6104. - Failure to place sign indicating na- ture of business, 6019. False entries in distillers’ books, 85. False entries in rectifiers’ wholesale liquor dealers’ books, 0. r False returns or refusal to produce books by person subject to inter- nal revenue tax, 5901 Forging stamps, etc., used in bottling spirits in bond, 6076. Fraudulent Collection of draw backs, 6125. - Fraudulent inspection, gauging, etc., 6033. Misuse of alcohol withdrawn for scientific purposes, 6066, 6067. Noncompliance with regulations concerning furnace, tubs, doub- lers, and worm-tanks, 6007. Obstructing officers in examination of distilleries, 6016. Operation of distillery on Sunday, Possession of non-registered stills, 5994. Purchasing spirits in quantities of more than 20 gallons, 6101. Recovery of alcohol from denatur- ed alcohol, 6137. * Rectifying spirits unlawfully, 6099. Refusal to draw off water and cleanse worms-tubs, 6027. Removal of distilled spirits from warehouse Without payment of tax, etc., 6038. - Removal of 13 ºudrs or wines under other than trade name, 6351. Removal of spirits from distillery within prohibited hours, 6109. Removal of spirits from general bonded Warehouses in violation of law, 6065. Reusing stamp tling in bond, g Setting up still by manufacturer without permit, 6003. Store-keeper unlawfully removing ºts from bonded warehouses, 6080. Transporting casks having uneffac- ed brands, stamps, etc., 6105. Unlawful approval by collector of bond of distiller, 5998. Unlawful distillation, 6022. Unlawful recovery of spirits from fortified wines, 6122. Unlawful transportation of spirits withdrawn from bonded ware- house for exportation without payment of tax, 6125. or bottle after bot- Or IPage 2123] FINES AND PENALTIES (Cont'd) Internal revenue (Cont'd) Distilled spirits (Cont'd) Unlawful use of alcohol manufac- tured by others for denaturation, 6137. - - Unlawful use of alcohol withdrawn from bond without payment of tax for purpose of denaturing, 6.136. Unlawful use of wine spirits to for- tify pure sweet wines, 61.14c, 6117. Use of false signs by distillers, 6019. Use of false Weights or measures in distillation, 6086. Use of material or removal of Spir- its from distillery in absence of storekeeper, 6025. Use of stamps in violation of law, 6098. Use of unregistered materials in distillation, 6086. Withdrawal of spirits from bond for purpose of making Sorghum. sugar in violation of law, 6069. Working for or furnishing goods to distilleries exhibiting no sign, 9. Estate tax act violations, 6336%k. Failure of persons to obtain license to collect foreign payment of interests, etc., 6325. Failure to exhibit special tax Stamps, 962. Failure to make list of property Sub- ject to tax, 5899. Failure to make returns, 5896b. False return, 5896b, 5899. - Fermented liquors, brewers, aſſlxing, fraudulent stamps, 6148. Brewers, failure to affix and can- Cel Stamps, 6.148. Failure to keep books or fur- nish account therefrom, 6146. False entries in books, 6146. Drawing from package without Stamp, or with false Stamp Or without defacing stamp, 6150. Evasion of tax On, 6146. - Making, selling or using false stamps or dies, 6153. Removal or defacement of stamps, 6156, 6160. - Removal or reuse of stamps, 6153. Sale, removal, or purchase in packages without stamp, false Stamp, or twice used stamp, 6149. Withdrawing from unstamped packages for bottling, 6161. Filled cheese, failure of manufacturer to give bond, keep books, etc., 6244. . Failure of manufacturer to place label and notice on packages, 6247. Failure of wholesale or retail deal- ers to display signs, 6246. Failure to destroy stamps on emp- tied packages, 6253. - Purchasing cheese not branded or Stamped, 6252. Purchasing from manufacturer who has not paid tax, 6252. - Recoverable in any court, 6256. Sale without stamps, brands, etc., or with false brands, stamps, etc., 6245. Fraudulent claim of drawback, 6337. Having property in possession with intent to sell in fraud of law or to evade internal revenue taxes, 6354. Income tax, collecting foreign pay- ment of interest, etc., without license, 6336iſfj. Failure to make return or pay tax- es or false return, 6336i (a), 6336n (c), 63.364. - Fraudulently obtained deductions Or exemptions when payment is made at Source, 6336iſb]. Jºnents to be paid to collectors, Laws imposing fines applicable to all persons in service, 5890. Mixed flour, failure to destroy stamps on emptied packages, 6267. Failure to mark or brand packag- es or , insert card showing con- tents in same, 6259. Failure to mark or brand packag- - ºaken from Original package, Failure to place labels and no- tices on packages, 6261. • . ons, except where otherwise indicated.] FINES AND PENALTIES (Cont'd) Internal revenue (Cont'd) Mixed flour (Cont'd) Purchasing, etc., from manufac- turer, etc., who has not paid tax, 6265. Purchasing, etc., imported flour not branded, stamped or labeled, 64. Recoverable in any court, 6268. Sale in unlawful package or With false brands or marks, 6260. Second offense, 6270. Munitions tax act violations, 63.36%k. Oleomargarine, evasion of tax by manufacturer, 6229. Failure of manufacturers to com- ply With the law, 6230. Failure of wholesale dealer to keep books and render returns, 6241. Purchasing from manufacturer, Who has not paid Special tax, 6224. wº Purchasing Oleomargarine branded or stamped, 6223. Recoverable in any court, 6231. Reissuing stamped packages, 6225. Removal or defacement of stamps, marks, etc., on packages of oleo- margarine, 6227. Sale in unlawful packages, branding, stamping, etc., sº g imported, not stamped, etc., Omitting things required, and doing things forbidden in absence of spe- cific penalty imposed by other séc- tions, 6358. Opium, violation of registration act, 62870. - Playing cards, failure of manufacturer to register, 6312. Forging, counterfeiting, fraudulently using or Stamps, 6314. Fraudulent use of stamps, 63:1. Removal of stamps, 6316. Sale or removal without affixing Stamps, 6315. - Sale without stamps, 6317. - Process or renovated butter, violation of regulations as to marks, brands, etc., or as to inspection, 6239. Refundment of, 5944. Stamps, failure to cancel, 6318C, Failure to pay tax, 6318C. Fraudulent cutting and removing, In Ot false etc., or selling. etc., 6318d. Fraudulent using, etc., 6318d. Unlawful possession or use of Washed, restored or altered Stannps, 6318d. Willful removal, alteration, etc., 6318d. - Suits for recovery, 5937. Sanction of Commissioner ternal Revenue, 5938. Where brought, 5937. Tobacco and snuff, affixing false Stamps or stamps twice used, 6184. . Dealer, failure to register, 6.177. Dealer in leaf tobacco, failure to keep books, 6168. Failure to register, etc., 6175. Failure to destroy stamp portion of empty packages, 6.185. - Fº in manufacturing on shares, 79. Fºulently claiming drawback, Manufacturer, failure to books, make inventory monthly abstracts, 6166. Failure to obtain bond, procure Certificate or post same, 6163. Failure to place label and no- tice on packages, 6171. Failure to put up signs, 6164. Failure to register, 6177. Peddler, failure to comply with law, 6191. - Failure to obtain and exhibit - certificate, 6.190. º Purchase from manufacturer who has not paid special tax, 6173a. Purchasing tobacco not branded or marked, 6173. Removing in packages not stamp- ed, Selling unlawful, etc., 61.83. . . Sale in unstamped packages, etc., of In- Keep Or GENERAL INDEX [Page 21241. [References are to sections, except where otherwise indicated.] FINES AND PENALTIES (Cont'd) Internal revenue (Cont'd) White phosphorus matches, affixing in- - sufficient stamps to packages, 6275. Evasion of tax by manufacturer, 6277. - Failure of manufacturer to brand, stamp or mark, 6282. Failure to cancel stamps, 6273. Recoverable in any Court, 6284. Removal, defacement or reuse of Stamps, 62.76. Removal of labels on packages, 6282. - Sale of unstamped. White phosphor- us matches, 6274. TJnlawful exportation of - phosphorus matches, 6281. Wines, 61.14c. Internal revenue agents, extortion, 5856. Disclosure of operations of manufac- | turer, 5856. o - Not to be interested in manufacture. of tobacco, etc., spirits, etc., 5856. Internal revenue collectors to be charged with, 5942. Internal revenue officers, Other offenses, 5889. False statement of fees, 5879. Interested in manufacture of toba CCO, etc., spirits, etc., 5888. . . . . Interned persons, leaving limits of in- ternment, 10182h. - Interstate Commerce, embezzlement by of- ficers of common carriers, of moneys, property, etc., used Commerce, 8602a. Transporting products of child labor, extortion and 19e. - - Unlawful dealings by common carrier with other corporations where same - person is director, officer, etc., 8835i. Intimidating voters, 10187. Intoxicating liquors, manufacture, in Alaska, 3643b-3643r. Manufacture, sale, etc., in Indian country, 4136b. In Porto Rico, etc. violation of laws, 3803aa.. . . Sale, etc., in District of Columbia, 342134a, 3421%b, 3421%bb, 342.1%CC, 342.1%d, 3421%dd, .3421%e, 34.21%ee, 342.1%f, 342.1%g, 3421%h, 34.21%hh, 342.1%in. - Sale in or near military camps, 20192. Shipping packages of in interstate or foreign commerce not plainly mark- ed, 10410. Intoxication of locomotive engineers, etc., in District of Columbia, 342.1% n. Intrusion in Wind Cave National Park, 5236 - Involuntary manslaughter, 10448. Jurisdiction of district courts, 991(9). Civil rights at inns, etc., 3928. Exclusive when, 1233(2). Larceny, 10460. - Goods in interstate commerce, 8603. Moneys, property, etc., used in Inter- state Commerce, 8602a. Law of Nations, violation of, 7610, 7612. Licensed vessels, failure to paint name and port on stern of, 8083. Failure to report change of master, 84 - Refusal to exhibit license for inspec- tion, 8085. Licenses of vessels, forging, etc., 8130. - Illegal, 8.128, 8129. Obstructing officers, 8131. Lighthouse service, establishment of lights without permission of lighthouse board, 8439. Lights on bridges, tain, 8441 - Lime, selling in unmarked barrels and containers, 8907.j. . . . . - Limitation of time for suit or prosecution, 12. etc., failure to main- Customs revenue laws, 1713. Repeal of laws, effect, 10518. Liquor nuisance, in Alaska, 3643k. In District of Columbia, 342134.h. Live-oak and red-cedar timber, cutting § removing from public lands, 4980– 9 1. •. - Lottery tickets, importation, etc., 10407. Mailing letters, etc., containing insect pests, 8749. Mails, refusal of carriers by water to car- ry mails as freight or express, 7454a, Appendix p. 1787. - White . in Interstate | FINES AND PENALTIES (Cont'd) | Maiming, 10456. : Malicious injury to water pipes, 3315. Malicious pollution of water supply, 3318. Manifests, failure to deliver before unlad- ing, 8108. - . . . Failure to show, opium, cocaine, etc., 801f. Not correct, 5506. - Excuse, 5507. - . Vessels engaged in coasting trade be- tween neighboring districts, failure to deliver before unlading, 8104. Manifests and permits, vessels trading be- tween remote districts, penalty for pro- ceeding without, 8106. - Marriage, failure to record, etc., certifi- | cates of, 10492. Masters of Vessels, clearance, 7789. Failure to furnish medicine, 8359. Failure to keep Weights and measures | for provisions, 8360. Failure to make entry before proceed- ing to port of delivery, 5468. Failure to make reports upon arrival of vessels, 5470, 54.71. Failure to pay hospital charges for || foreign Seamen, 9.193. Failure to pay wages of seamen, 8320. Failure to procure certificate before | departure, 5480. . . Failure to produce manifest, etc., 5511. Failure to provide accommodations for customs inspectors, 5569. Failure to render assistance to persons found at sea, 7991. - Failure to report accident to vessels or barges in tow, 7975, 7978a. Failure to report change of, 8084. Failure to surrender certificate of reg- istry, 7749. . False oath, 7722. Foreign vessel, failure to deposit pa- pers, 7800, 7801. - Illegal discharge of seamen, 8338. Licensed vessels, 7806. - Neglect in... regard to account On dis- charge of seamen, 8339. - Neglect in regard to certificate of dis- charge of seamen, 8340 Neglect in regard to effects of deceas- ed seamen, 8329. Neglect to provide provisions, 8353-8354. Refusal to exhibit enrollment or li– cense for inspection, 8085. Refusal to permit customs inspector to board vessel, 5516. Refusal to permit seamen to enter complaint of provisions, 8356. Towing vessel, violation of regulation, 7970. - Meat inspection, violations of provisions, 8681 (18). Members of Congress, accepting, bribe by member of Congress, 10280. Interested in public contracts, 10284, 286. . . Making official contract with, 10285, 10286. " . Offering bribe to, 10281. Receiving pay in matters affecting United States, 10283. - Taking consideration for procuring contract, etc., 10282. Merchandise imported not agreeing with manifest, 5579. - Merchandise unlawfully entered held as security for, 5525. | Merchant seamen shipping laws, violations of, 8380-8391. Migratory game and insectivorous birds, taking during closed season, .8837(2). Violation of act, 8837f, Appendix p. 1795. Militia, courts-martial, 3049e. Mines in territories, violation of regula- tions, 3508. q Misconduct by Officers in registering or recording vessel, 7773. Misprision of felony, 10316. Mitigation, carrying on fisheries without enrollment or license of vessel, 8126. Failure to number undocumented ves- sels, 8095d. - Molesting animal industry employés, 10230. . . - Monopolies, 8820–8823. Corporate officers, agents, etc., liabili- ty for violation, 8835m. * TJnlawful dealings by common carrier with other corporations having same person as director, officer, etc., 8835i. - departing Without || National parks, hunting, FINES AND PENALTIES (Cont'd) Motojoats, violation of regulations, Remission, etc., 8285. Mt. McKinley National Park, violation of act relating to, 5249.uu. * Munitions of war, unlawful exportation, 7677, 7678. - Names, failure to paint name and port gastern of licensed domestic vessels, National bank accepting United States riotes as collateral, 9769, National bank officers, etc., 9772. - - Falsely certifying checks, 9770, 9771. Natiºn, banks, failure to make reports, 77. - - Failure to make return of circula- tion, deposits and capital stock for taxes, 9780, 9781. - Failure to pay taxes on circulation, deposits and capital stock, 9782. National cemeteries, injury to grave- Stones, etc., 9376. - - National military parks, destruction, etc., of monuments, trees, etc., º etc., 5285. embezzlement, Hunting, illegal fishing and violation 5227&l, 5230d., 52486. Naturalization, exaction of excessive fees, 4377 • * - False certification Oath, etc., 4378. False personation in procuring, 10244. False Swearing, 10248. Unlawful issuance of certificates, 4375. Naval reserve force, unlawfully wearing badges, 29.00%a.(18). - Navigable water regulations, 9861. Naviº interfering with aids to, 8442, 8. - Obstructions, 99.10a. - Vºion of laws and regulations for, 73. - Navy officers, seamen, and marines, ap- plication to Navy hospitals, 9201. of regulations, Of appearance, Neglect by officers in registering or re- cording vessels, 7774. Neglect in regard to effects of deceased searnen, 8329. - Nºt of duty by inspector of customs, Neglect to provide stores for merchant vessel, 8353. --- Negligence causing loss of life on vessels, 10455. - Neutrality, accepting foreign commission to serve against friendly power, 101.73. Arming vessels against friendly pow- ers, 10175. Augmenting force of foreign armed vessel, 10176. - Enlisting in foreign service, 10174. Organizing military expedition against friendly power, 10177. - - Taking vessel, out of port, 10182g. Newspapers, magazines or periodicals, failure to mark paid editorials, etc., as advertisement, 7314. New York Harbor regulations, 9935. Anchorage régulations, 9948. Nonperformance of contract by person in military service, relief against, 3078% ce. - - Obscene literature, etc., circulating, 10485. Importing and transporting, 10415. Officer aiding in trade, 10271. Officer importing or mailing, 5300. Obstruction, agent in charge of accused person delivered by foreign govern- ment, 101.23. - Agent in charge of fugitives from state, 10127. - Aids to navigation, 8442, 8442a. Child labor law inspections, 8819e. Inspection of merchandise and bag- gage from contiguous countries, 5813. Navigable Waters, 99.17. - By vessels, floating timber or wrecks, 99.21. Officers in enrollment, registry or li- censing of vessels, 8131. Process, 10310. Service of search warrant, 10496%r. Obtaining, communication, etc., unlawful information respecting national defense, 102.12a, 102.12b. . . . . . GENERAL INDEX IPage 2125] [References are to sections, except where otherwise indicated.] FINES AND PENALTIES (Cont'd) Obtaining or attempting to obtain trans- portation for property at less than reg- ular rates by false billing, classifica- tion, etc., 8574. Ocean mail vessels, 7534. Offenses against navigation laws, enforce- ment of, 8051. Offenses on Hot Springs Reservation, dis- position of, 5271. . . Offenses relating to merchant seamen, 8380–8291. Officers, accepting bribe, 10287. Aiding in obscene literature trade, etc., 10271. Contracting beyond specific appropri- ation, 10266. Corporations, unlawful dealings by common carrier with other cor- poration where same person is director, officer, etc., 8835i. Anti-trust law violations, 8835m. In District of Columbia failing to enforce liquor law, 342.1%.O. Exceeding authority in executing search warrant, 10496%u. Failure to make return of public con- tract, 6898. Failure to make returns or reports, 10269. Failure to render accounts, 10258. False certificates by, 102.75. Falsely certifying as to record of deeds, 10274. Giving advance information of crop reports, 10293. Iºne or mailing obscene matter, 5300: is Interested in claims against United States, 10278. PÖnowingly issuing false crop reports, 10294. Making false acknowledgment, 10.195. Making political contributions to offi- cers, 10292. Making public contract " …iling to make proper return, 6898. Official proscription for making or Withholding political contributions, 10292. # Receiving compensation of informer in customs cases, 5801. Receiving political contributions public offices, 10292. Soliciting political contributions, 10292. Trading without license or embezzling in insurrectionary states, 10148. Omitting entries on Log Books, 8038. Opium, exportation in violation of regu- lations, 8801e. Failure of vessel to show on mani- fests, 8801f. Registration act violations, 62870. |Unlawful importation, etc., 8801. Opposing enforcement of retaliatory sus- pºsion of privileges to foreign vessels, in Owners of licensed yachts, 7806. Owners of vessels, failing to report acci- dent of vessel or barge in tow, '975, 7978a. Failing to report probable loss, 7976, 78a. Rºal or neglect to pay seamen, Violating regulations for compart- ments of crew, 7731. Panama, Canal Zone, injuries to canal, etc., 10051j. Quarantine violations, 10051a. Regulations, violations, 10051e. Violation of regulation of right to re- main upon, 10051j. Passengers, transportation of between ports of United States by foreign ves- sels, 8096. Pass-ports, false, issue of, 7628, 7628d. False statements in application for, 7628b. Furnishing, etc., for use by person Other than to whom originally is— Sued, 7628C. Use of, in violation of conditions, 7628c. Issued to another, 7.628c. Obtained through false statements, 7628b. Violation of, 7610. Patents on exhibit at Panama, Pacific ex- position, infringement, 9527. Pensions, agent, etc., taking fee, 8985, 9071, 9114, 91.15, 9118, 91.19, 10277. . Pharmacy, FINES AND PENALTIES (Cont'd) Pensions (Cont'd) Embezzlement by guardian, etc., 9111. False affidavits, vouchers, certificates, etc., 9079. - Forgery of indorsement of pension checks, 9109. Pledge, mortgage, sale, etc., of pen- Sion or pension certificates, 9077. * Retention of certificate upon demand Of commissioner of pensions, etc., 90.77. Withholding claims under act relating to Spanish War, etc., 8985b, Appen- dix p. 1796. - Withholding of discharge etc., of soldiers, etc., 9078. Withholding pension, 8938, 8985. Peonage, holding or returning persons to, 10442. Perjury, 10295. False affidavit to procure certificate as able seamen, 8363a. - False statements relating to foreign language publications, 31.15%j. False swearing before employés’ Com- pensation commission, 8932t. Persons in states to be subject to alike, and to no other, 3925. violation of regulations in consular districts in China, 76967. Philippines, involuntary servitude, 3884. Plants, violation of act relating to im- portation, transportation, etc.; 8762. Platt National Park, violation of regula- tions of, 5.244. , Poisons, sale in consular districts in Chi- na, 76.961. Political contributions by national banks, etc., 10251. Polygamy, 10486. Possession or control of property and papers in aid of foreign government, etc., 102.12i. - Postal service, accounts, 7598. Assault on railway postal clerk, etc., 10363. - Breaking into and entering post-office, 10362. Carrying letters out of the mail, post routes, 10354. On vessels, 10855. Carrying of mails by private express, 10351. Collecting unlawful postage, 10377. Collection of, 458. 4 Conducting post-office without author- ity, 10349. Counterfeiting, 10388. Postage stamps, 10389. Foreign stamps, 10389. Deposit of receipts from, 7599. Depositing or carrying in mails mat- ter relating to lottery, gift enter- prises, etc., 10383. Deserting the mail, 10369. rºyes interested in mail contracts, 396. Failing to account for postage due, etc., 10379. Failure of master of vessel to deliver Imail, 10370. Failure of vessel to deposit letter be- fore entry, 10374. Failure to deposit in post-office letters carried in foreign vessel, 10373. Failure to furnish cars, 7482a(14). Failure to obey interstate commerce commission’s order fixing compensa- tion, 7482a(33). Failure to transport mail, 7482a(15). False returns by postmaster to in- crease compensation, 10376. Ferrymen delaying mail, 10372. Fraudulently increasing weight mail, 10398. Fraudulent use of official envelopes, 10397. IIlegal carrying of mails, 10350. mºns higher in lower class matter, 10391. Indorsement of mail matter to pro- cure free transmission, 7385b. Inducing or presenting false claims for loss of registered mail, 10394. Inducing purchase of stamps to in- crease pay, 10378. Injuring mail bags, 10359. Injury to letter boxes, etc., 10368. Issuing unpaid-for money 10380. papers, OIL etc., money orders, of orders, FINES AND PENALTTES (Cont'd) Postal service (Cont'd) Libelous and indecent matter on Wrap- per or envelope, 10382. Mailing articles with injurious intent, Mailing explosives, etc., 10387. . Mailing intoxicating liquors, 10387. Mailing or taking from mails obscene matter, 10381. Mailing unmarked package containing plants, 8764b. Misappropriating postal funds or prop- erty, 10395. - Obstructing mail, 10371. Offenses against foreign mail in tran- sit, 10399. Official acting as lottery agent, 10384. Postmaster, etc., detaining or destroy- ing newspapers, 10366. g Permitting mailing of newspapers or periodicals without prepay- ment of postage, 7311. Postmaster, false returns as to special delivery matter, 7289. Illegally approving bond, 10392. % Postmaster or postal employés, detain- ing, etc., mail matter, 10365. Railroads, delinquencies of, 748a (16). Recovery accounting for and deposit, 7598, 7599, 7608. Rights of informers, 7608. etc., Sending letters by private express, 10352. Stealing, Secreting, embezzling, etc., mail matter, 10364. - Stealing or forging mail locks or keys, 10361. Stealing post-office property, 10360. Submitting false evidence to secure second-class postal rates, 10393. Transporting persons unlawfully con- veying mail, 10352. Unlawful pledging or sale of stamps, I0378. - TJsing canceled stamps, etc., 10375. Using fraudulent fictitious address, 10386 Using mails for advertisement of in- toxicating liquors intended for pro- hibition states, 10387b. - TJsing mails in violation of Espionage Act, 10401c. Using mails to promote frauds, 10385. Using official indorsement to avoid payment of postage, 7376. Vehicles claiming to be mail carriers, Wearing carrier’s uniform without au- thority, 10357. Power to impose, 1245. Power to remit, 10501. Practicing in Court of Claims by mem- bers of Congress, etc., 1135. Presenting false claims, 10199. Prisoners, contract labor, 10525. Private possession or use of river and harbor improvements, 9921. Prize fight films, transportation or im- portation, 10418. Process, unlawful issue against public minister of foreign nations, 7612. Prosecutions by district attorneys, 1297. Public lands, agreement to prevent bids at land sales, 10226. |Boxing, etc., trees for turpentine, etc., 0218. - Breaking fences, driving cattle, etc., on public lands, 10223. Destroying monuments, etc., marking Springs on desert lands, 4684e. Failure to extinguish fires on, 10220. Failure to pay irrigation construction costs, 4713c. * False representations to purchasers, 10226a. Fraudulent settlement on lands in Oklahoma, 5025. Hunting, taking eggs, etc., breeding grounds, 10252. Injuring or removing survey marks, intending on bird- 10224, Interrupting surveys, 10225. Irrigation, charges, failure to pay, 4713f, 4714a. Setting fire to timber on public lands, Disposition, 10221. Failure to extinguish fires, 10220. Timber depredations, 10216. On reservations or Indian lands, 10217. GENERAL INDEX FINES AND PENALTIES (Cont'd) Public Lands (Cont'd) |Unlawful inclosures 5000. Public money, custodian failing to keep public moneys, 10257. - Disbursing officers unlawfully using public money, 10255. - - Failure of depositaries to safely keep deposits, 10256. - Failure to deposit public money, 10259. Receipting for larger sums than are paid, 10254. Public printer, fraud of, 6989. Interest in printing contracts, 6990. Publisher of newspaper or periodical, fail- ure to make affidavit, 7311. Pugilistic encounter, 10494. Punishment of accessories, 10507. Quarantine laws, 9164, 9170, 9175. - Regulations between states, 9176–9178. Radiotelegraphs, disclosure of messages, 10103(19). . Employment of unlicenesd persons as operators, 10102. - Use or operation without license, 10100. TJttering or transmitting false or fraudulent signals, 10.106. - Violation of regulations, 10.103. Willful or malicious interference with communications, 10104. Railroads, eight hour day wage law vio- lations, 86806. or occupancy, Employés exporting commodities with- out delivery of manifests, 881. Failure to equip cars, etc., with safe- ty appliances, 8610, 8614, 8619, 8621, 8622, 8626. - - Failure to establish stations, 4930. Failure to maintain regular schedules of arrival and departure of mail trains, 7501. - - s Rebates or discriminations by common carrier, granting or acceptance of, 8597. Rebellion, inciting, 10.168. Receivers, management of property ac- cording to state laws, 1047. Receiving, etc., stolen baggage, 8603. Receiving, etc., stolen property, 10461. Receiving illegal fees, 1430. Receiving merchandise into warehouse on boundary line of contiguous foreign country, 5820. - Receiving pay for services rendered ap- plicant for enrollment as citizen in the Five Civilized Tribes, 4077b. Receiving salary from source other than United States, 3231a. Records, destroying, 10298, 10299. Recruiting for service against United States, 10171. Referee or trustee in bankruptcy, miscon- duct, 96.13. - Refusal or neglect to attend and testify or produce books, etc., before Interstate Commerce Commission, 8577. Fefusal to allow search under customs laws, 5764. - - - Refusal to assist customs officer in search and arrest, 5774. Refusal to pay seaman’s wages and charges for inspection of vessel, 8352. Refusal to transport destitute Seaman, 8369. w - - Registers, false information as to entry on lands, 4495. . - ". Registry of vessel, certificate of, not sur- rendered, 7743. Certificate of, surrender, 7723. In foreign port, failure to deposit with sºul on arrival at foreign port, 056. Obstructing officers, 8131. Regulation concerning harbor lines, vio- lation of, 99.17. Regulations concerning reservoirs at headwaters of the Mississippi, violation of, 9893. Regulations for dumping of dredgings, § in navigable waters, violation of, Regulations for floating of timber, viola- tion of, 9928–9930. e • Rºding goods entered for drawback, 10215, Relanding in United States exported mer- || chandise, 5693. Removal, destruction, etc., of ruins, mounds, etc., in Mesa Verde National Park, 5241. w - Repeal of acts not to affect, 14. [References are to secti [ FINES AND PENALTIES (Cont'd) [Page 2126] Reports, failure to report change of mas- ter of licensed vessel, 8084. Rescue, dead body of executed 10314. At execution, 10312. Person arrested, 10311. Prisoner, 10313. offender, Resumption of possession of property purchased by person in military or na- val Service, 30.78%f. - Revenue laws, violations to be reported to district attorney, 5787. Revenue officer, accepting bribe, 5532. Rights of informers, 10135. On Summary investigation before dis- trict judge, 101.30, 10132-10134. Robbery of personal property of United States, 10213. Rosettes of enlisted reserve corps, unau- thorized use of, 1892e. - Safe conduct, violation of, 7610. Sailing of unseaworthy vessel, 8350. Sale of poisons in consular districts in China, 76967. - - Sales, arms, etc., intoxicating liquors, or Opium to natives of certain islands in Pacific Ocean, 10481. - Barrels not standard, 8907d. Diseased meats, etc., 8681 (21). - Imported seeds adulterated or unfi for seeding, 8747. - Non-standard containers for fruits and vegetables, 8907n. Property by alien property custodian, purchase for undisclosed principal, etc., 31.15%ff. - Savings bank and trust companies, fail- ure to make reports, 9778. Seamen, advances and allotments of wa- ges, 8323. - Desertion, disobedience, assaults and gº offenses, 8380, 8383-8386, 8389, 390. Failure to appear or produce evidence relating to claims of, 8344. Failure to carry crew list and ship- ping articles, 8366. Failure to comply with law as to pay- ment of wages on discharge in case of sale, 8373. Failure to pay wages promptly, 8320. Failure to post copy of shipping arti- cles, 8310. Failure to produce crew on return of vessel, 8367. Failure to provide vessels with cloth- ing and fuel for seaman, 8361. Failure to provide vessel with slop- chest, 8362. False affidavit to procure certificate as able seamen, 83632. Neglect of duty, 8383. Shanghaiing, 10250. Shipment in foreign ports without sanction of consular officer, 8308. Shipping without articles, 8304, 8305. Coasting—trade, 83.12. Soliciting as lodgers, 8388. Search warrants, maliciously procuring issue of, 10496%t. Officer exceeding authority, 10496%u. Sea-stores landed without permit, 5494. Seditious conspiracy, 10170. Seditious or disloyal acts, 10212c. Seduction of passenger on vessel, 10453. Senators, receiving pay in matters affect- ing United States, 10283. . . . Settling on Indian lands, 4108. Shanghaiing seamen, 10250. Shipping commissioners, taking unlawful fees, 8379. Unlawfully acting as, 8290. Silver, false stamping, 8803, 8809. Slave trade, bringing kidnapped person into United States, etc., 10444. Pºins slave into United States, small Equipping vessels for, 10422. Forfeiture of interest in slave vessels, 10432. Hovering on coast with slaves on board, 10424. PÖidnapping for slavery, 10441. Receiving or carrying away person to be sold or held as slave, 10426. Receiving persons on board to be sold as slaves, 10430. Serving on vessels in slave trade, 0425. . . . Transporting persons to be held as slaves, 10423. Smuggling or false invoices, 5548. ons, except where otherwise indicated.] FINES AND PENALTIES (Cont'd) Special bail, required when, 1568. . Sponges, unlawful taking, 3866, 8868. State banks as members of federal re- serve system, 9792(4). Statement of suits for, 1298. Stealing or altering process, procuring false bail, etc., 10297. sºoat inspectors taking illegal fees, Steam. Vessels, carrying more passengers than certificate authorizes, 8229. Carrying passengers or gunpowder Without certificate of inspection or license to carry, 8.185. Counterfeiting stamps prescribed for boiler plates, 8.195. Failure of master to enforce regula- º relating to wireless apparatus, Failure of officers to enforce regula- tions, 8273. Failure of passenger steamer to keep Watchman, 8248. - Failure to display licenses, 8208. Failure to have full complement of licensed officers and crew, 8225. Failure to keep count or list of pas- sengers, recovery of penalty, 8238. Failure to keep or exhibit copy of act relating to, 8270. Failure to make repairs, 8216. Failure to provide accommodations for deck passengers, 8256. Manufacture, sale, etc., of improperly Constructed life preservers, etc., 8258. - - Navigating sea-going barges. without certificate of inspection, 8181. Not otherwise provided for, .8276. Obstructing safety-valves, 81.99. Shipping dangerous articles unlawful- ly packed, etc., 8246. Use of petroleum in the production of motive power in violation of regula- tions, 8244. - Vessel owners, etc., violating anchor- age regulations, Kennebec River at Bath, Maine, 9958. Port of Chicago, 9951. Violation of regulations, 8275. Hours of service of deck officers on watch duty, 8227. Passing each other, 8167. Safety during regattas or marine parades, remission, 8234. Tow barges carrying passengers, Submarine cables, breaking or injuring Inot to bar action for damages, 10094. Failure of fishing vessels to keep nets, etc., from, 100.91. Failure to observe rules concerning Signals, etc., 10090. Failure of offending vessel to show nationality, 10093. Negligent injury, 10088. Willful injury, 10087. Subornation of perjury, 10296. Suits for, brought in name of United States, 1545. Civil rights, inns, conveyances, thea- ters, etc., jurisdiction, 3928. Copyright laws, costs, 1613. Customs cases, 5788. Supervising inspectors of steam vessels performing duties of office when not eligible, 8171. i Surety company, 3298, 3300. Surrender of exchanged registry, enroll- ment or license of vessels, failure, 8071. Surrender of license of vessel, failure, Telegraph lines, failure to operate, dis- crimination, etc., 10084. - Refusal to transmit despatches, 10079. Threats against President, 10200a. Timber on mineral lands, unlawful cut- ting, 4991. Towage by foreign vessels between United States ports, 8123. - Trade-marks On exhibit at Panama, Pa– cific Exposition, infringement, 9527. Trading in public property by collecting or disbursing officer, 10272. Trading with the enemy, 31.15%hh. Transfer of merchandise to another ves-. sel, 5556. . Transpºration, Condemned carcasses, etc., Diseased live stock, 8695. - Game from Yellowstone Park, 5193. GENERAL INDEX [Page 2127] [References are to sections, except where otherwise IFINES AND PENALTIES (Cont'd) Transportation (Cont'd) • . Game illegally killed, etc., 10414. Goods stolen while in interstate com- merce, 8603. - Obscene books, 10415. Passengers, on foreign vessels be- tween ports of United States, 8096. Unsound carcasses, 8712. Violation of laws regulating, 7997– 8006, 8010-8014. Treasury clerks dealing in public funds or debts, 378. Treasury officers engaging in trade, etc., 377 Trespass, Battle Mountain Sanitarium. Re- serve, 9287. Bull Run National Forest, Oregon, 10222. Quarantine grounds and anchorages, 9164 Trusts, etc., in restraint of import trade, 8831. Uniforms, decorations or regalia, of for- eign governments, 7678%, Appendix p. 1788. Union Pacific Railroad, declaring unau- thorized dividends, etc., 10055. Refusal to operate roads as continu- ous line, etc., 10057. - United States canal regulations, violation of, 9861. United States commissioners, Crater Lake National Park, disposition of, 5230i- 5230k. - a 4 Glacier National Park, disposition of, 5248i-5248k. & Mount Rainier National Park, dispo- sition of, 5227i-5227k. United States shipping board, foreign registry of vessels, etc., 81461 (1), Ap- pendix p. 1789. Violations, 8146.p. Violation of conditions of 8146r (5), Appendix p. 1790. United States. Tariff Commission, divulg- ing trade secrets, 5326i. Unlading vessel unlawfully, 5564. Unlawful cohabitation, 10487. Unlawful présence of troops at polls, 10186. TJnlawful 10199. approval, purchase of public property, Unlawful taking or using papers relating to claims against United States, 10204. Urban and interurban electric railroads || refusing to perform mail service, 7431aa, Appendix p. 1787. Usury in transactions by national banks, 9759. - • Uttering forged or counterfeited bills of lading issued by interstate carrier, 8604u. Variance between report and delivery of vessels in distress, 5585. Vegetables, use of non-Standard contain- ers, 8907n. Venue of suits for, 1025. Vessels, abandonment of mariner in for- eign port, 10468. Arming to cruise against citizens, 10476. - - - Attacking with intent to plunder, 10471. Boarding before arrival, 8387. Breaking and entering, 10472. British dominion, violation of retalia- tory suspension of privileges of, 7830. Carrying passenger in excess of num- ber allowed, 8229. Coasting trade, between neighboring districts proceeding without man- ifest and permit, 8102. - Failure to report on arrival at port other than that of destina- tion, 8119. Conspiracy to cast away, 10469. . Departing from port of arrival without making report or entry, 5469. Departure of vessel of United States for foreign country without passport, Departure without clearance, 8836r. Depositing dredged material in unau- thorized place in New York Harbor, Depositing refuse in New York Har- bor, 9.934. Discrimination against United States during foreign war, 8836r. Discriminations, rebates, etc., 8146gg. Domestic vessels, failure to paint name and port on stern of, "8083. Proceeding without manifest and permit, 8102. Violations of law, recovery, , 8135. unlawful Wearing, FINES AND PENALTIES (Cont'd) Vessels (Cont'd) Failure to file contract With United States Shipping Board. 8146h. Failure. to furnish statement to per- $903 in charge of river and harbor works, 9901. Failure to issue bill of lading for, 8033. Failure to mark wrecks, 993i.T Failure to number certain Vessels, 8095d. - - Failure to obtain new registry, 7750. IFailure to paint name and port On stern of licensed vessel, 8083. - Failure to pay over forfeited Seåmen’s Wages and effects, 8385. Failure to procure permit for dumping of refuse in New York Harbor, j935. Failure to show Qpium, cocaine, etc., On manifests, 8801f. Fiºre to stand by after collision, Foreign, bound coastwise, trading ºut manifest and permit, Transportation of passengers be- ºn ports of United States, Unlawful importation, 5807. Illegal enrollment, or license, 8.128, Maltreatment of crew by officers, 10464. Neutrality violations, 10182g. Not in revenue service carrying ensign of Service, 8459%b (57). Plundering, in distress, etc., 10470. Revolt or mutiny on shipboard, 10466. Inciting, 10465. Running away with or yielding up ves- Sel or cargo, 10479. Sponges, unlawfully taking, 8868. Taking out of port in violation of em- bargo on exports, 7678c. Transfer to person not a citizen, 8146.e. United States, not marked with names and home ports, 7758. • Unlading without permit, 5555. St. Mary’s River, 9956. - Use of, as resort for persons conspir- ing against United States, 995944c. Use of Coast Guard vessels for private purpose, 8459%a.(6). Violating regulations for navigation of South and Southwest passes of Mis- Sissippi river, 9.931. Violating requirements for quarters for crews, 7734. Viruses, serums, etc., lating to, 8784. For domestic animals, 8785 (8). Wagon roads, etc., in Alaska, collecting toll without authority, etc., 5087 Warehouses, licenses, alteration, forgery, etc., of, 8747%.o. n Receipts, false issuance, 87.47% o. War Finance Corporation, violation of act, 31.15%j, 31.15%0. wºmaterials, unlawful exportation, 7677, 767 War risk insurance, failure to effect, 5.14ccc. False statements in claims, 514nn. Fraudulent acceptance of payment, 514 nnn. - Unlawful charges, 514kk. Water pipes, unlawful tapping, 3314. Weights and measures, sale or shipment of barrels not standard, '8907d. Selling lime in unmarked barrels and containers, 8907.j. Use of non-standard containers, for Small fruits and vegetables, 8907n. Wharves in District of Columbia, viola- tion of rules and regulations, 3365. White slave traffic, 8813–8817. Wind Cave National Park, intrusion in, 5236. Witnesses, contested election of member of House of Representatives, failure of witness to attend or testify, 173. Before Interstate Commerce Commis- sion not to be subjected to because of testimony, etc., 8578. Before naval court, failure to appear or testify, 3036. Before registers and receivers, obedience to subpoena, 4501 Witnesses in suits for, informers and of- ficers may be, 10137. Yellowstone Park, Violation of regulations in, 5193 - IFIRE-ARMS See Weapons. dis- Customs duties on, 5291. violation of act re- indicated.] - |FIRE-ARMS (Cont'd) - - Discharge at places where explosives are Diº etc., 31.15%i. - 1SCIlarge upon capitol gro y ih- ited, 3398. pitol g unds, prohib Possession by alien enemies, 7615. Use in killing fur seals probibited, 8854. * ElJCKETS Xes, etc., river steamers carryin a SSOIl- gers to keep, 8253. y111g p FIRE-CRACKERS Imported, storage, 5646. FIRE EXTINGUISHERS On steam vessels, 8249. JFHREMEN Army pay, 2144. Coast and Geodetic 8561a. Coast artillery corps, 1731, 1731a. Field artillery, 1737, 2144. Library of congress, employment by su- perintendent of iibrary building and grounds, 134. - Miners’ liens in Alaska, 5059. Navy, enlistment, 2571. Honorable discharge, 2595. Pay, 2816, 2855, 2857. Third class, designation coal-passers, 2712a. Post-Office Department, Salary, 572. Post-offices, Salaries. 7231. - FIRE PUMPS . Steam vessels, 8241. Failure to extinguish fires on public lands or Indian lands, 10220. Forest fires, Crater Lake, National Park, prevention and extinguishment, 5229. National forests, free use of timber for telephone lines for fire pro- tection, 5151. Reimbursement of owners horses, damaged or &. While fire fighting, 5148. Officials of forest service to aid in en- forcement of local laws, 5iS4. Protection of water sheás of na,Viga- ble waters, 5174-5187. Saº of timber killed or damaged by, 4995. , 4995. tºy, i’ability of owners of vessels for, survey, salaries, changed from for destroyed Navy mail' ºerks’ claims for loss by, ad- justment, 72.12a. - Postmaster’s claims for losses by, adjust- ment, 7211, 7212. 72.11a, Appendix p. 1785. . . . Precaution against by freight and passen- ger steamers, 8240. Setting fire to timber on 10219, 10220. - *IRST CLASS MAIL MATTER, See Mails. .#ISCAL AGENTS See Public Money. Federal reserve banks as fiscal agents of War Finance Corporation, 31.15%hh. FISCAL YEAR, - Adjusting accounts of collectors of inter- nal revenue, 5851. Corporations, for purpose of income tax, 6336j, 6336m [a]. United States Treasury, 369. FISH, FISHERIES, ETC. See Cod–Fishery : Mackerel Fishery : Oqysters, Seal Fishery : Whale Fish. ergy. - Alaskºaliens prohibited from fishing, public lands, Jurisdiction over, transferred to Sec- retary of Commerce, 858. Lands reserved for fish culture sta- tions not to be sold, etc., 5082. Legislature not to amend or repeal laws, 3530. - Salmon fisheries, 3628–3643. Appropriations for propagation of food fisheries, expenditures, 908a, Appendix, p. 1745. Bureau of Fisheries, appropriations, pur- chases from, 6774b, Appendix p. 1781. Vessels, commutation of rations, 907a. 907a, Appendix p. 1745. Officers and crews admitted to benefits of Public Health Serv- ice, 9192a, Appendix p. 1798. Purchase of clothing in small Stores for crews, 6774b, Appen- dix p. 1781. GENERAL INDEX [Page 21281 [References are to sections, except where otherwise indicated.] FISH, FISHERIES, ETC. (Cont'd) Commissioner, acting commissioner, des- ignated by Secretary of Commerce, 902. - Appointment and salary, 901. Authorized to take specimens of, 906. Co-operation with North Carolina state fish commissioner in Survey of waters in which use of fishing ap- pliance is prohibited, 8549, 8550. Duties and report, 904. Estimates for officers and clerks for fish commission, 6727. Investigation as to Seal ilof Islands, 8860. . Relation of vessels with Navy Depart- ment, 907. • Statement of expenditures, 908. Transferred to Department of Com- merce, 857, 859. Crater Fake National Park, 522 - , Regulation, 5230d. Customs duties on fish, 5291ſ216). Executive departments to aid commission- er, 905. - Facilities for research accessible to stu- dents, etc., 9382, 9383. - Fish commission, accounts, Auditor’s ex- amination, 420, 421. . . . Accounts, settlement of, 420, 421. Bulletins of, number of copies, distri- bution, 7063. Commissioner of Fish and Fisheries, report of, number of copies, distri- bution, 7062. - Distribution of duplicate specimens among colleges, etc., 10578. Estimates for officers, clerks, life on Prib- protection, etc., Hospital and ambulance service by - hospital corps, 2515. gi Transferred to Department of Com- merce, 857, 859. - - - - - Fishing, etc., for shell fish in New York Harbor channels prohibited, penalty, etc., 9941. --- Fishways in dams, 9978. When to be constructed, payment for, 9892, Fur seals, etc., 8848-8865. - Glacier National Park, protection, 5248. Regulation, 52480. - Hawaii, 3731, 3732. - Interference with food fishing industry by regulations to prevent injuries from Coast Artillery fire, 9862a, Appendix, p. 1798. Investigations and experiments, 904a, 904b. Lassen Volcanic National Park, regula- tions, 5249f. - - Mountºunier National Park, protection, 5 Regulation, 5227d. National forests, protection on portions of land acquired for protection of Water sheds, 5187b. - Officials of forest service to aid in en- forcement of local laws, etc., 5154. Retaliatory exclusion of fish from British Dominions, 7830. - Revenue marine officers and men detail- ed for duty under commissioner, 903. Seamen, exemption of wages, 8325a. Law relating to performance of work, of watches at sea, and hours of labor not applicable to, 8363b. Sequoia National Park, protection, 5208. Vessels engaged in fisheries, agreement with fishermen for voyage, 8147. Agreement with fisherman for voyage, discharge of vessel on giving bond, 8150. Penalty for violating, 8.148. Recovery of shares under, 8149. Deemed vessels of United States, 7707. Enrollment and license, Assistant Collector of customs at Camden, 8090. . Assistant Collector of customs at Jersey City, 8089. Carrying on without, forfeiture, 8124, 8125. Penalty, 8124, 8125. Remission mitigation, OI" 8126. Collector of customs at Wilming- ton, 8091. Deputy collector of customs at Chesapeake City, 8092. Surveyors at ports, 8093, 8094. Fees, 8095. Exempt from tonnage duties, 7815. FISH, FISHERIES, ETC. (Cont'd) Vessels engaged in fisheries (Cont'd) Fees and tonnage charges against li- censed vessel on failure to report change of master, 8084. . Fees . Of Officers for Services to vessels engaged in, 8136-8138. . International rules for preventing collisions, 7847. sº vessels under Way to avoid, License, expiration at sea, exception from penalty for carrying on without, 8127. Form of, 8069. Owner of obtaining, 8068. Vºlon of, forfeiture of vessel, Lights, when navigating Red River of the North and rivers emptying into the Gulf of Mexico, 7954. Not required to have slop-chest, 8363. Permº, to touch at foreign ports, Penalty for being within three leagues of coast, etc., without permission, 8118. Persons who may be tion to crew, 8235. Provision as to minimum number of deck officers, mates, etc., not to ap- ply to, 8226. Registry of enrolled or licensed ves- sels for, 8088. - Retaliatory suspension of privileges to foreign vessels, 7830. - Rules for preventing collision in har- bors; rivers and inland waters, 7900. - Lights, 7882. carried in addi- Rules for preventing collisions on Great Lakes, lights, 7920. Submarine cables, duty to keep nets, etc., from, 10091. , - Vessels entitled, 8057. . Yelloºne Park, fishing regulations, 3 Manner of taking, 5193. Prosecutions for offenses relating to, Protection, 5189. - Yosemite National Park, protection, 52.10. FMSHING ROIDS AND REELS Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. * When held or intended for 630.9%.c. TISHWAYS - See Fish, Fisheries, etc. FIVE CHWILIZED TRIBES - Actions relating to allotments in several- ty not applicable to, 4214. Citizenship enrollment contracts, etc., 4077b. - Commissioner, office abolished, 3990a. Excepted from operation of provisions re- quiring proceeds of pasturage, etc., to be covered into Treasury, 4072. - Heirship of deceased members, nation, 4234a, Appendix p. 1776. Lands, partition, laws applicable to, 4234b, Appendix p. 1776. Law prohibiting expenditure of tribal funds without specific appropriation not to affect, 4077a. Laws relating to allotments in severalty not to apply to, exception, 4234. Marriage of white men and Indian wo- men, not to apply to, 4103. Provisions relating to disposal of lands allotted in severalty on decease of al- lottee not to apply to, 4228. Records of, access to, by Secretary of Interior, 4126. Certified copies of, fees, 679. Superintendent, appointment, salary, du- ties, location of office, etc., 3990a. Trading with, provision as to licenses not to apply to, 4130. Tribal deeds, signing of Secretary of In- terior’s approval of, 725. Union agency in Oklahoma, office abolish- ed, 3990a. - THAG-OFFICERS Navy, 2604. Rank of retired officers, 2655. FLAGS Abusive language, 102.12c. Battle flags, collection and care of by Secretary of War, 320. * Captured from enemy by Navy, disposi- tion of, 644-646. . . . - - - Sale, fees, determi- A Prohibition FHLAGS 3 * Captured from enemy by Navy (Cont'd) Transmitted to seat of government, Definition of, 3369b. - Displaying flag of foreign enemy, 102.12c. Gifts to vessels of navy, 647 Gift to relatives of flags used in draping Coffin of naval officers or men, 2889a. Merchant vessels commanded by officers of naval reserve force to fly special flag, 2900% a (25). Mothers’ Day display, 6939a. Mutilation, etc., in District of Columbia, punishment, 3369b. - National ensign, members of naval re- serve force Commanding merchant ships º; to fly Special flag in lieu of, 2900% a Preservation, 646. Revenue-cutter service, 8459%b(57). Striking, without authority, punishment, 2965(12). . Trade-marks comprising, not to be regis- tered, 9490. United States, design, 3302. Star added for each new state, 3303. Use of for advertising in District of Co- lumbia, punishment, 3369b. + Volunteer regiments to retain colors, 2044. THAVORING EXTRACTS - Manufacturers, recovering tax-paid al- cohol or spirituous liquors from dregs, etc., liability to tax, 5975. FLAX, HEMP AND JUTE, MANUFAC- TURERS OF Customs duties on, 52910267–285). Flax seeds, importation of seeds adulter- ated or unfit for seeding, 8744-8747. FT,EEMING FROM JUSTICE See East radition ; Fugitives from Jus- , tice. - - FLEET NAVAL RESERVE See Naval Reserve Force. FLEETS Assignment of commanders to duty as fleet engineers, 2482a. Retired commander of fieets transferred to active list, pay, 2653a. FLIGHTS Signal corps, 1867i. FLOATS Life saving apparatus, steam vessels to carry, 8258. FLOGGING of punishment 2308a, art. 41 Navy, 3018. Seamen, 8391, 10464. FLOO}{}S - Congressional consent to agreements be- tween Minnesota, North Dakota, and South Dakota, 9908a. - Control of, 10030%a-10030%.c. Details from government departments, 100.30% cºz). Examinations and surveys, 10030% c(2). Laws applicable to works of improve- ment, 10030%.C (1). - Mississippi River, 10030%a. Reports, 10030% co-4). Sacramento River, 10030%b. Waterways Commission, 10003%a. FLORIDA Certificates of location of private land claims, 5105. . . Clearance of vessels laden. With live-oak timber from ports of, 4982. - Customs-collection district, at Tampa, 5333a. District court, terms, 1061. Transcripts into new books of records of, 1510. - Judicial districts, 1061. by, army, headquarters Lands reserved for naval purposes, ex- amination, 4983. Restoration to entry and sale, prior rights of settlers to purchase, 4984. Live-oak and red-cedar timber, clear- ance of vessels laden With, 4982. Lands, 4979, 4982, 4983, 4984. Marine biological station, land donated by, 9384. Permanent appropriation for payment of percentage of proceeds of public lands in, 6799 (42). Wrecks on coasts of, 7985-7987. FLORIDA WAR - Naval records, custody of, 618. GENERAL INDEx FLOTILLA . Commanding officer may courts-martial, 3006a. FILöTILLA MEN Bounty-land, 4837-4839. FLO UR, - See Miſced, Flour. - May be ground from grain on distillation of spirits in certain cases, 6004. Purchase of, for Navy, 6878. - Purchase, storage and sale by President, 31.15%j. - FILUMIES - In Alaska, miner’s regulations, 5050. Rights of way, across forest reserves, order general For irrigation, mining, Water supply, etc., 4946. . - FLYING CORPS See Alviation, Section ; Corps. . Naval reserve flying corps, see Naval Reserve Force. JTOHOPER - Transportation of for army or navy by sea, 68.57 . FÖğ Hò RNS - Motor boats to carry, 8280. FOGS - - River steamers to be anchored in, 8257. FOG SIGNALS . Rules for, Great Lakes, 7924. Naval Flying 7888. - International, fishing vessels, 7847. Steam and sailing vessels, 7853. Red River of the North and riv- ers emptying into the Gulf of Mex- | ico, 7957, 7963. FORLDING-IROOM * - Agricultural Department, superintendent, Salary, 793. - - Houstº Representatives, creation of, Đ0. Documents for House of Representa- tives to be delivered to, 7039. Fºers, assignment to clerical work, Notification of members of publica- tions assigned to, 7050. Reports and documents to be distrib- uted from, 7050. - Superintendent and assistants, 7050. Senate, creation of, 6050. , Documents for Senate to be delivere to, 7039. - . . . Notification of members of publica- tions assigned to, 7050. Reports and documents to be distribut- ed from, 7050, • * * Superintendent and assistants, 7050. Stationery and materials for, 107. FOLIO. - - Defined, 1460. - FOOD - - See Adwiterated Butter; Butter; Con- servation of Food and Necessaries ;. Meſut I??- Drugs : Filled Cheese ; - - OleO- spection ; Milk: ; Miaced Flour ; 417.argarine ; Process Bºwtier ; Reft- ovated Butter; Tea. “Adulterated” defined, 8718. . Adulterated or misbranded, certification to district attorney, 8720. Condemnation, 8726. Delivery to owner on bond, 8726. Destruction or sale, 8726. Examination of specimens, 8720. Imports, 8727. •, nºtate or foreign commerce in, Judgment or court, notice by publica- tion, 8720. . Jury trial, 8726. Libel, 8726. - • Manufacture, prohibited, 8717. Proceeds of articles condemned, dis- position, 8726. Seizure, 8726. - Suspension of importation, 8731. Adulteration, 8723. Damage or inferiority concealed, 8123. Filthy, etc., substances, 8723. Injurious mixtures, 8723. - Mixtures or compounds under distinc- tive names, 8724. Poisonous ingredients added, 8723. Portions of animals unfit for food, 8723. - - Preservatives for shipment, 8723. COMP.ST.’18–134 [References Harbors, rivers, and inland waters, TPage 21291 are to sections, except where otherwise indicated.] FOOD (Cont'd) Adulteration (Cont'd) - Product of animal dead otherwise than by slaughter, 8.723. . . Product of diseased animals, 8723. Valuable constituents abstracted, 8123. Alaska fish products, misbranding pro- hibited, 3636, - - Animals in transit, ed, 8651-8656. Apples, standard barrel, grades, etc., 8733, 8734, 8736, 8737, 8907a, 8907b. . “Blend” defined, 8724. Breeding migratory game 8837), Appendix p. 1796. to be fed and Water- birds for, Census, cattle slaughtered for food, 4387. Conservation, distribution, price fixing, etc., 31.15%a-31.15%rr. Dairy products, 8716. District attorneys, adulteration or mis- branded, certified to, 8720.* Prosecutions by, 8721. Food and Drugs Act, 8717-8728. Imported nieat subject to, after entry, 52910545). - . . - Opium registration act not to affect, 6287q. - Regulations for carrying out provi- sions of, 8719. - . Report of Secretary of Agriculture as to compensation or expenses of Offi- cers under, 839. . - “Food” defined, 8722. - - Guaranty signed by wholesale jobber, etc., as protection to dealer, 8725. - Impoº charges for storage, cartage, etc., * 727. - . Delivered to consignees on bond, 8727. Refusal of admission of adulterated or misbranded, 8727. Samples delivered by Secretary of pºsury to Secretary of Agriculture, '727. Suspension of importation of adulterat- ed articles, 8731. Liability of corporations, etc., for acts of officers, etc., 8728. Meat products, 8681-8715. “Misbranded” defined, 8724. †isbranding, compounds, blends, 8724. . * . . . • Failure to state proportion of mor- phine, opium, etc., 8724. False or misleading label, 8724. False or misleading statements, etc., on package or label as to ingredients | Not a legal tender, 6571. - or substances, S724. Imitation or use of name of other ar- ticle, 8724. Mixtures tinctive names, 8724. Packages not marked with weight, etc., variations and exemptions, 8724. Place of production, etc., 8724, 8729, 8730. . . Removal and substitution of contents of package, 8724. - Trade formulas, exemption from dis- . closure, 8724. For natives of Pribilof Islands, 8865. Offenses and penalties, guarantee, 8725. - Manufacture of adulterated or mis- branded food, 8717. - Misbranding as to place of production, etc., 8730. - Prosecutions, adulterated foods, 8721. Shipment, delivery, etc., of adulterated or misbranded foods, 8718. - Oleomargarine, butterine, transported into State, etc., subject to police powers, 8740. “Person” defined, 8728. . . . Reports of Secretary of Agriculture as to compensation of officers under act, 839. Requisition for army, navy or public de- fense, 31.15%ii. Specimens, collection and examination, 871 Imported, 8727. Making examinations, 8720. Steerage passengers on vessels, 8001. Substitutes, 8723. “Territory” defined, 8728. FOOD ANFO DRUG ACT See Drugs; Food. Text of act, 8717-8728. FOOT AND MOUTH DISEASE See Animals and Al????nal Industry : Qwarantine. . FOOTBALLS Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. imitations, or or compounds under dis- FOOTBALLS (Cont'd) | Internal revenue tax on (Cont'd) When held or . 6309% c. FORAGE - Army, allowances 2120, 2124, 2125 intended for Sale, to officers, 2115, 2116, Purchases not to exceed necessities of year, 6884, 6885. . . . . Reserve officers’ training corps, 1881k. |FORAKER, ACT - See Porto Rico. . . - Porto Rico, 1215, 3747-3749, 3752-3760, 3762– - #. 3776-3781, 3784, 3785, 3791, 3792, 3794- IFORCE BILL - See Civil Rights. . Text of act, 991, 1013, 1542, 1686, 3925, 3935– 3941, 3943, 3966, 4241, 10183, 10184, 10311. FORECLOSURE - Liens and mortgages, on government aid- ed railroads, 10070. - - Miners’ liens in Alaska, 5063-5068. FOREIGN AFFAIRS See Foreign Relations. FOREIGN AGENTS * . - Abstracts of reports of, for Congress, 305. Federal reserve banks, 9797 (2e). - FOREIGN ALLEGIANCE Naturalized citizens, disavowed, 3955. FOREIGN ALMANAC OFFICES Exchange of data with, 664. FOREIGN BANKING ACCOUNTS Federal reserve banks, 9797 (2e). - FOREIGN CITIZENS - Copyrights to, see Copyrights. . FOREIGN COINS Congress, power to regulate value (Const. art. 1, § 8, cl. 5). - - . Counterfeit, forfeiture of, 10342. Search warrant for forfeiture, 10343. Counterfeiting, dies for, 10340. - Foreign gold or silver coins, 10334. Deposits with assistant treasurer at New York or San Francisco, gold certificates, 6567. Falsifying, mutilating, or lightening, 10335. Fees of Consular officers in Canada receiv- ed for, 3178. - Making and importing, etc., tokens, prints, etc., similar to, 10341. . . - Making or uttering coins resembling mon- ey, 10337. Received 4775. - Regulating value, power (Const. art. 1, § 8, cl. 5) in payment for public lands, Of Congress Spanish pillar dollar and Mexican dollar Value, ascertained how, 6536. Estimation of for consular fees in Canada, 3178. Pound sterling, 6537. Spanish and Mexican coins, 6539. FOREIGN COMMERCE See Apples ; British Provinces ; Cana- to be received in certain cases, 6539. da, Customs Dwties ; Drugs : Ea:- ports and Easportation ; Food; Iwo. ports and Importation ; Insecticides and Fºngicides ; Insect Pests In- terstate Com/merce ; Into.:7&6tting Liquors. Meat Inspection. ; Meacăco ; Northern, Northeastern, and North- western Frontiers ; Opium ; Passen- gers and Passenger Transportation ; Plants ; Tea, - r - Regulation of carriers, C Cºrriers. - Vessels engaged in, see Vessels. See CO77,777.0% Animals, meats, and meat and dairy prod- ucts, 8681–8716. - Apples, barrels, grades, etc., 8736, 8737, 8907a, 8907b. Appropriations for expenses of, 293, Bureau of foreign and domestic commerce, 873-888. : Annual report, 879. Coasting trade included in, 882. Ascertaining cost production, etc., 874. Assistant chief, 876. - Bureaus of Manufactures and Statis. tics consolidated into, 873. Chief, 875, 877. - Collectors of Customs to furnish sta- tistics to, 880, 881. Purpose and duties, 878. Reports, exports and imports in Ware- houses, 884, 885, 887. 8733, 8734, , GENERAL INDEX FOREIGN COMMERCE (Cont'd) Bureau of foreign and domestic commerce (Cont'd) - - Reports (Cont'd) - • * Foreign and interstate commerce, construction and operation of railroads, étc., 883. Manufacturers, 888. Merchandise in transit, 887. Vessels registered and enrolled, 886. Transferred to Department of Com- merce, 857, 859. Carriers, regulation of, 8563-8604. Congress, power to regulate (Const. art. 1, § 8, cl. 3). w Defined, 8647, 8812. - Falsely stamped gold or silver or goods therefrom, 8802-88.11. . . Food, drugs, and liquors, 8717-8740. - Foreign trade relations, appropriations for expenses of, 293. - . Forms of annual statements, 870. Insecticides and fungicides, 8765–8777. Insect pests; transportation of, 8748-8751. Interference with by violent means, 104.18a, 10514a–105.14d. . Intoxicating liquors, shipment into State, etc., in violation of laws, 8739 - Monopolies, 8820–8836. - National Banks, foreign branches therance of, 9745. • * Northern, etc., frontiers, vessels exempt from fees, 5490. - . Obstructing transportation, 8563(9). Offenses against, 10402-10415. - Transportation of prize fight films, in fur- 10416-10418. Opium, 8797-8801. Panama, Canal, use of prohibited to ves- sels owned by persons engaged in violat- ing anti-trust act, etc., 8836. Philippines, regulation by President dur- ing insurrection, 3808. Plant Quarantine Act, 9752-9764. Radiotelegraphs, 10100-10,109. - Railroad safety appliances, 8624, 8630, 8631. Regulating power of Congress (Const. art. 1, § 8, cl. 3). - - Reports, annual, 879. ! By Bureau of Foreign and Domestic Commerce, 883. Of foreign regulations by Secretary of r State, 306. - Search warrants, 10496%a-10496%iv. Seeds and grains, 8741-8747. ... Teas, 8786-8796. - - Trade with contiguous countries, consular Officers not to grant certificates for certain merchandise, 5545. cººls' certificate, prohibited when, 74. - Masters of vessels in, . On departing from ports where no custom-house, what to do on arrival at port of des– , tination, 5834. - Steam tugs, report and clearance, 5835. Vessels in, on northern, etc., frontiers, master purchasing foreign merchan- dise, to report, etc., 5823. ... " - Trusts, etc., in restraint of import 8831–8836. . - Vessels engaged in, enrolled or licensed gºes On northern, etc., frontiers, Injuring, 10483a, 10.514a–105.14d. Regulation of, 8052–8056. Viruses, serums, toxins, etc., 8778–8785. Weights and measures, marking contain- ers of lime of less capacity than bar- rel, 8907h. - Non-standard baskets" may be used when complying with foreign stand- ard, 8907n. Shipment of non-standard barrels, for- bidden, 8907d. . * , For EIGN corporations Income taxes, 6336.j-6336m. Special excise tax, amount, computation, 5980a. - Credit in case of payment of other form of tax, 5980a. Exemption, 5980a. - Returns to commissioner as condition - to exemption, 5980a. FOREIGN CORRESPONDENTS Federal reserve banks, 9797(2e). FOREIGN COUNTRIES sº, Coºvºmissioners to Foreign Coun- 7°4,62S. Agreements by states with, prohibited without Congress’ consent (Const. art. 1, § 10, cl. 3). • [References, are to secti trade, IPage 21301 FOREIGN COUNTRIES (Cont'd) . Application to for redress of private in- juries, 10169. r ment, 420a, 420b. | Coinage for, 6460. merce, 854a. testimony, 1486. . Criminal correspondence with, 10169. Depositaries of public monies, 66.12a. Proceeds of sales of United States -- bonds, etc., 6829m, 6829p. Detail of immigration officers for serv- ice in, 959. . Public Health Service for duties in connection with immigration, 959. Federal reserve banks, powers, 9797(2e). Metric postal balances, 7334. Offenses against neutrality, 10173–10182. Fort EIGN DEcoRATIONS - Department of State to receive for offi- cers, 3269. - - Officer receiving not to wear publicly, 3268. . SULAR, OFFICERS - See Ambassadors ; Consular Officers ; Diplomatic Officers. . Arrest and commitment of foreign Seamen in case of dispute, 7629–7631. - *::: of deserting seamen requested by, 10129. - > Awards, etc., enforcement, 1248. Delivery of papers to foreign vessels with- out production of clearance, prohibited, 7802. . Deposit with, of register and papers of foreign vessel on entry, 7800–7801. Process against, 7611–7614. . | Return, etc., of papers of foreign vessel, on production of clearance, etc., 7802 FOREIGN EXCHANGE Regulation, etc., of 31.15% c. FOREIGN GovKRNMENTs See Foreign Relations. Correspondence with, see Correspond- 62% Ge. - Admission of accredited officials, 4289%b. Agents, acting as without notice to Sec- retary of State, 7678m. - Agreements with by 1, § 10, cl. 3). Communicating obtained respecting national 10209, Conspiracy to injure or destroy property of in United States, 7678.p. . . Correspondence with, to excite Indians to war, 4097. . Disposition of moneys received from, United States citizens, 6668. T)isturbance of relations with, 7678l-7678.p. Establishment of credits for allied for- eign governments engaged in War, 6829.j, Appendix p. 1782. Exchange of congressional record for for- eign parliamentary records, 7126. - Fees and costs in extradition proceedings paid by, 101.15. “Foreign government” defined, 7678o. Income tax exemptions, 6336 yyy. Postal arrangements with, 587. Purchase of obligations of governments engaged in war with enemies of United States, 6829f, 6829ff, 6829]. * 4. Sales of war supplies to, 6941aa, Appen- dix p. 1784 - . . Unlawful wearing uniforms, decorations or regalia of, 7678%, Appendix p. 1788. FOREIGN HYDROGRAPHIC SURVEYS Appropriations for publishing, 6794. FOREIGN LANGUAGES defense, for ulations, 31.15%j. FOREIGN LEGATIONS Documents and reports may be furnished to, 7145. - FOREIGN LETTERS See Postage. Advertising unclaimed, 74.14. Aüditing accounts of military establish- Commercial' attachés, Department of Com- Commissions or letters rogatory to take Detail of medical officers of United States Foreign DIPLoMATIC AND Con- Servants of, process against, 7611–7614. transactions in, states prohibited | without Congress’ consent (Const. art. Coast and Geodetic survey charts for, information unlawfully Print, newspaper, or publication in, reg- || ons, except where otherwise indicated.] FOREIGN LETTERS PATENT - Copies of Specifications and drawings as evidence, 1506. | ". FOREIGN MAIL SERVICE General provisions, 7524-7546. American steamships, advertisements for proposals, 7531. * , - Cadets or apprentices, 7537. - Compensation, rates, deductions, fines, etc., 7534. + - - - Construction, specifications, inspec- tion, 7533. - x Contracts, 7530, 7531, 7539a. Fines and penalties, 7534. Naval officers on, compensation, du- ties, 7536. r - oyºship, classification, etc., 7532, Payment for vessels taken by United States as transports, etc., appraise- ment, 7538. - Tºportation of mail messengers, Chief clerk in office of, 572. Salary, 572. Clerks on ocean mail vessels, 7539. Compelling vessels to carry mail, of laws, 7469. Contracts for carrying mail, through for- eign countries between points in United States, advertisement, revo- cation, 7524. . . . tºº and foreign steamboat Service, 743 - . : repeal Between United States and foreign countries, 7525. : ... On American vessels, 7530, 7531, 7539a., . - - Discontinuance, stipulations for, 7529. - . Fines of contractors for delay, 7528. - - . . Limit of time, 7454. i Dead-letters, conventional stipulations, 590. . . - Foreign mail, transportation through United States, 7541. . Violation of, or other offense in spect thereto, 10399. - Foreign vessels, deposit, in post office of mail carried, 10373. “ Mail agencies at foreign posts, 7544. China, and Japan, 7546. . - Isthmus of Panama, etc., 7544. Mail agents on steamers, 7545. Mail, gºrying in steamships, exceptions, - 752 - re- Not to be carried in vessels unless re- ceived from post offices, exceptions, 7472, 7476. - . . . Metric balances for weighing, 7334. Ocean mail vessels, 7530-7539. .” American steamships, 7530–7538. Clerks on, 7539. Transportation of mail messengers, 7535. . Postage, counterfeiting foreign stamps, • 10390. Letters carried in foreign vessel, 7543. Payment on letters by consuls, collec- tion on delivery, 7542. . - Rates, 587, 7366. Sea-post clerks, 7540. Compensation for death, 7540. Disability allowance, 7540. Superintendent in office of, 572. Salary, 572. - - - Transfer of mails, at Honolulu, 7540. At New York and San Francisco, 7539, vessels not in mail service, carrying mail by, pay, deposit of letters, 7470. Compensation, 7527. FOREIGN MERCHANDISE See Customs Duties ; Entry of Mer- chandise; Imports and Importation. Permit to fishing vessels with, to touch at foreign port, 8117, 8118. * Transportation across New Jersey, etc., 8115 - Penalty for failure to report on ar- rival, 8116. Transportation between ports of United States prohibited, 8097. - Transportation by vessels in coasting trade, 8112, 81.13. - Manifest for registered vessels carry-- ing from one district to another, 8114, Neighboring districts, 8108-8104, 8109. GENERAL INDEX [References are to sections, except where otherwis FOREIGN MERCHANDISE (Cont'd) Transportation by vessels in coasting trade (Cont'd) Remote districts, 8105, 8109. Without manifest and permit, pen- alty, 8106. Forfeiture, 81.13. Trans-shipment of imported merchandise for immediate transportation, 8098. FOREIGN MINISTERS See Ministers. FOREIGN MONEY See Foreign Coins. United States bonds payable in, 6829.p. Exemption from taxation, 6829 lll, Ap- pendix p. 1782. War Finance corporation bonds payable in, 31.15%g. EOREIGN NATIONS See Foreign Countries. FOREIGN PATENT Indexing of, 70.93. Patents for inventions previously patent- ed abroad, 9431. ! FOREIGN PERIODICALS Second-class mail matter, 7307. Violating United States copyrights, 7307. FOREIGN PUBLICATIONS Second-class mail matter, 7307. Third-class mail matter, 73.15. FOREIGN RELATIONS See American Republics ; China-Chº- 7tese ; Commissioners to Foreign ‘Cowntries ; Consular Courts : Con- sular Officers ; Diplomatic Officers; Eactradition ; Foreign Convºlverce ; Foreign Govermºments , Imºnigration ; Newtrality. ;3 General provisions, 7610-7706. Alien enemies, removal of, 7615–7618. American National Red Cºpss, 7697-7706. Arms, munitions of war, etc., Seizure, etc., of intended for export, 7678a– 7678k, 10514a–105.14d. - Chinese exclusion, 4290-4341. Citizens, American women marrying for- eigners, 3960. Children born abroad of alien parents by naturalization, 3962. s Children of citizens living abroad, Foreign women marrying citizens, re- sumption of foreign citizenship, 3961. Imprisoned by foreign powers, release of, 3957. & Naturalized, in foreign countries, 3956. Commercial bureau of American repub- lics, 7681, 7682. Conference of governments to consider question of disarmament, 7686b. Consular officers, 3137-3212. Consul defined, 7676. Cooly, trade, 4342–4350. Copyrights, 9517-9584. Cuban independence, 7679. Detention or departure of foreign ves- Sels, 10179, 10.514a–105.14d. Diplomatic officers, 3116–3136, 3198-3212. Disturbance of, acting as agent of for- eign government without notice to Secretary of State, 7678n. Conspiracy to injure or destroy prop- erty of foreign government within United States, 7678p. Falsely assuming or pretending to be diplomatic or consular officer of foreign government, 7678m. Foreign government defined, 76780. Jurisdiction of offenses, 10514b. Partial invalidity of, 105.14d. Prosecutions under prior laws, 105.14c. United States defined, 10514a. * Untrue statements, etc., to influence conduct of foreign governments, etc., to injury of United States, 7678l. Divisions of far eastern, Latin American, near eastern or European affairs in State Department, chief of, 297. 297, Appendix p. 1737. Embargo on exports, 7677-7678k. Entry into or exit from United States during time of war, 7628e-7628h. Espionage, 10212a-102.12i, 10.514a–105.14d. Expatriation, naturalized citizens, 3959. Right of, maintained, 3955. Extradition, 10110-10.125. Foreigner entering Indian country, neces- sity of passport, penalty, 4131. Foreign ministers and servants thereof, process against, 7611–7614. Violence to, 7610. [Page 21311 FOREIGN RELATIONS (Cont'd) Immigration, 4241-4289. International bureau of permanent court of arbitration, 7684. International congresses, participation of President in, 7686. International prison commission, 7685. International union of American repub- lics, 7680. . Judicial authority of ministers and con- Suls of United States in certain for- eign countries, 7633–7676. Jurisdiction, how exercised, 7690. Jurisdiction of consuls to China, 7688. Laws, judgments, etc., of foreign nations relating to title to lands, how authen- ticated, etc., 1521. Mails of adjoining nations, through United States, 7541. Minister defined, 7676. Opium, importation forbidden, 8797–8799. Importation forbidden, act relating to Sale of poisons in consular districts in China not to affect, 7696n. Passº to citizens, 7623–7628d, 10514a– carrying To persons making declaration of in- tention, 3958. Violation of, 7610. Patents, 9427-9484. Possession or control of property and pa- pers in aid of foreign government de- signed or intended for violating penal statutes, etc., of United States, 102.12i, 10514a–105.14d. Prisons of United States in foreign coun- tries, 7666–7668a. Process against foreign public ministers and servants thereof, 7611–7614. Violence to, punishment, 7610. Reports of, number of copies, allotment, Rights of nations under treaties not im- paired by laws relating to commerce and navigation, 7820. Safe conduct, violation of, 7610. Search warrants, 1049674a–10496%.V. Secretary of State to manage, 300. Settlement of accounts of expenditures without specifications, when allowable, 57 - - Testimony for use in foreign countries, 7619-7622. Trade-marks, 9485–9516. TJnited States court for China, 7687–7696. Unlawful wearing of naval, military, etc., uniform, decoration, etc., 7678%, Appen- dix p. 1788. Vessels in ports of United States in time of war, regulation, 9959%a-9959%d, 10514a– 10514d. FOREIGN SEAMEN - Arrest and commitment of foreign Sea- men in case of dispute, 7629-7631. Arrest for desertion, 10129. IFOREIGN SECURITIES Counterfeiting, uttering, etc., FOREIGN STATIONS Paymasters for navy, accounts to be ac- companied by consul’s certificate, 6873. Purchase of supplies for vessels on, 6869. Contracts for, how made, 6873. Proposals need not be advertised, etc., 10326-10331. FOREIGN TRADE See British Provinces ; Canada ; Col- lectors; Consular Qfficers; Customs Dwties ; Foreign Commerce : Mea:- ico : Northern, Northeastern, and Northwestern Frontiers ; and related ...topics. Wessels engaged in, see Vessels. FOREIGN TRADE-MARKS Registration, 9485. .” FOREIGN WESSELS Coasting trade during 7709 a.a. Manifest and permits for, 8.120. Delivery before unlading, 8121. Penalty for noncompliance, 8122. Compelling departure or detention of, 0179. Dredging by in United States, 8099. Foreign commerce, trans-shipment of im- ported merchandise for immediate trans- portation, 8098. Importation of merchandise from adja- §. countries, report and unlading, Inspection of, 8174. war, permits, e indicated.] FOREIGN VESSELS (Cont'd) Lºs carried by, rates of postage on, Life saying apparatus, applicability to act of, 8258. pp - y Merchandise transported with intent . to §e coasting trade laws, forfeited, Passengers, transportation of between ports of United States prohibited, penal- ty, 8096. Payment of wages of seamen while in harbors of United States, applicability of Act, 8322. Public, not required to make entry, 5488. Radiotelegraphs, restriction on use, 10.107. Refusal or clearance for violation of embargo on exports during time of war, 7678c. - Regulation of anchorage and movement in time of war, etc., 995914a–9959%d. sºns Seamen as lodgers, penalty, Suspected of slave trade, bond, 10439. TOWage by, between United States ports, prohibited, exceptions, 8123. Transportation of merchandise between ports of United States, prohibited, 8097. Wages of Seamen, advances and allot- ment, applicability of Act, 8323. - Warships, duties of commanders as to Submarine cables, 10092. FOREMAN - Grand jury, 1260. ; Postal service, services on Sundays or holidays, 7239c. . Post offices, first class, employment and salary, 7231a. . Press work in government printing office, salary, 6983. - Public binding, appointment, qualifica- tion, salary, 7007. Compensation, 7008, Estimates of materials required, 6988. Interest in contracts prohibited, 6990. Salary, 6983. . - Public printing, appointment, qualifica- tion, salary, 7007 Estimates of materials required, 6988. Interest in contracts prohibited, 6990. Salary, 6983. . FORESTERS Department of agriculture, Supreme Court reports for, 1203. FOREST FIRES Advances for fighting, 6650. Crater Lake National Park, 5229. National forests, free use of timber for telephone lines for fire protection, Reimbursement of owners for horses, damaged or destroyed while fire fight- ing, 5148. Officials of forest service to aid in en- forcement of local laws, etc., 5154. Protection of forested watersheds of navi- gable waters, 5174–5187. sº ºr timber killed or damaged by, 4995, FOREST LIEU HANDS ACT See National Forests. Text of act, 5123–5134. FOREST MAPS Agricultural Department, sale of, 831. IFOREST RESERVE ACTS See National Forests. - Text of act, 4530, 4531, 4535, 4559, 4589, 4677-4680,4698, 4753, 4799, 4934-4937, 4992, 5018, 5079–5082, 50.96a, 5113, 5114, 5116, 5121, 5123–5134, 5209-5211. - FOREST RESERVE HOMESTEAD ACT See National Forests. Text of act, 5162, 5165, 5166, 5170. FOREST RESERVES See National Forests; Wichita Na- tional Forest. Hawaii, see Hawaii. Bureau of, 8764. California, 5209-5216. National forests, 5121-5187. Rights of way through, 787g, 4946. To be known as national forests, 5122. FORESTRY Bureau in Agricultural Department, 795. Report of Geological Survey, relating to, additional copies of, distribution, 7103. FORESTS See National Forests. National forests, 5121-5187 Timber on public lands, 4977–4996. GENERAL INDEX For EST SERVICE . Advances under appropriations for fight- ing forest fires, 6650 Appropriations available for co-operation | with lighthouse service, 8435b. Lighthouse Service, appropriations avail- able for co-operation with, 8435b. rºst SUPERWISORS AND RANG- IER Selection, 5152. - FOREST TRANSFER, ACT See National Forests. Text of act, 823, 4947, 5093, 5142, 5152. IFORIFEITURE ACT *See Forfeitures. Railroad Land Grants, FORFEITURES See Fiºves and Penalties. Alaska, coal land leases, 50780. Coal land leases, interest in, 5078f. Monopolies in, 5078i. - Game laws, violations of, 3620, 3621. Arms, munitions etc., intended for ex- port in time of war, 7678d. Army, pay and allowances for permitting Officer to unlawfully remain on detached duty, 1999c. Automobiles, etc., used for conveying liq- uors into Indian country, 4141a. Breach of contract by artificer or work- men at arsenal or armory, 3087. Cargo, venue, 1029. Cigars bought from manufacturer who has not paid Special tax, 6213a. Citizenship for desertion, 3952. Civil rights, inns, conveyances, theaters, deprivation of rights in, etc., 3927. claimºgains: TJnited States for fraud, 4905, 4906, 4908, By persons not in military and naval service, 6411-6415. r Fº of persons prosecuting suit, Clerks of courts, failure to comply with naturalization act, .4371. - Coal lands in Alaska, 5077. Commission, on refusal of active duty by officers of medical reserve corps, 1817. Cornmissions for failure to account for public moneys, 6623. Common carriers, failing to comply with requirements concerning physical valuation of property, 8591. - Failing to file reports with Interstate Commerge Commission, 8592. - Failing to obey certain orders of In- tºtate Commerce Commission, 584. Duty of district attorneys to pros- ecute suits for, 8584. - Not released by certain act, 8601. Commutation of term of imprisonment for good conduct, 10531. Restoration, 10533. Compensation of collector of internal rev- enue for failure to report violations of law, 5884. Contested elegtion of member of House of Representatives, failure of witness to attend or testify, 173. Failure to produce papers, 180. Conviction not to work forfeiture of es tate, 10498. - - . Copyrights, articles imported in violation of laws,. 9553 Privileges for false affidavit, 95.38. Costs, defendants liable, when, 1615. Under internal-revenue laws, 1610. . . Counterfeit obligations, securities, coins, and material, 10342, 10343. Courts-martial, militia, 3049b. Naval militia, 3078a (45–47). - Suspension of sentence, 2308a, art. 53. Customs laws, commencement of suits, 5790. Compromise, 5804. - Distribution of proceeds, 5794-5796. Limitation of time to sue, 1713. Nondelivery of manifests of cargo of vessels and vehicles from adjacent countries, 5811. Proceedings on seizures of vessels lia- ble to, 1549. Reported by collector treasury, 5786. Saved from repeal, 5316. Vessel, car, etc., failing to proceed to destination after sealing, 5816. Vessel from contiguous country, breaking, etc., of seal or lock, 5818. Vessels in foreign trade, unlawful im- portation, 5807. , to Solicitor of [Page 21321 FORFEATURES (Cont'd) Customs laws (Cont'd) - • * Violations reported to district attor- ney, 5787. - Dam owners failing to comply with re- . quirements, 9979. - Defaulting contractor and sureties On contract to furnish naval supplies, 6865. Deposits, bids for supplies for Indian service, 4042. - Purchase money of land allotted to In- dians in severalty, sº Desertion, disobedience, assaults and oth- er offenses by seamen, 8380, 8383, 8386, 8390. - " . Fishermen on vessels engaged in fish- eries, 8147. Nº. payment to Navy hospital fund, 9202 Soldiers, applied to support of Sol- diers’ Home, 9220. Desert Iand entries for default in pay- ments, 4729, 4732a. Irrigation construction charges, 4713c. 4713f. - Distilled spirits and wines landed Without inspection, 5575. Dutiaº articles, concealed in baggage, 499. From contiguous foreign country Con- cealment, 5813. In stores on boundary line, deposited there without payment of duties, 5819. Effect of Judicial Code, 1277. Effect of repeal of criminal laws, 10517. Enlisted reserve corps, certificate of en- listment, 1892e. Entry of merchandise, not incurred by immaterial deviation from forms, 5465. . Exports during time of war, 7678b. Export trade, violation of act relating to, 8836%.e. Federal Trade Commission, make reports to, 8836j. Fishing vessel touching at foreign port with foreign merchandise without per- mit, 8118. Foreign merchandise, transported by ves- sels in coasting trade without compli- ance with the requirements as to mani- fests and permits, 81.13. Fur-bearing animals, remission, 8852. Fur seal and sea otter skins illegally tak- en, 8841. Gold, silver, etc., bearing false stamps, etc., 8804. . Goods laden at ports on northern, etc., frontier, in foreign vessels, to evade transportation laws, 5822. Goods transported to aid 10154. - Guns, traps, etc., used in illegal hunting in, Crater Lake National Park, 5230e. Glacier National Park, 5248e. Mount Rainier National Park, 5227è. Yellowstone Park, 5193. Hawaiian public lands, 3714. Excess owned by corporations, 3697. Hydraulic mine owners violating orders of California Débris Commission, 10023. Importation of contract laborers, 4289%.C. Importations in foreign vessels, 5306, 5307. Imported liquors not stamped, 5650-5652. Iºted spirits and wines not reported, 54.71. failure to insurrection, Imports under bond, failure to re-ware- house, 5686. - Imprisonment for, poor debtors, 6377. Incurred under statutes in Revised Stat- utes, prior to repeal, etc., 10595. Indians, trading with Indians without li- cense, 4130. Internal revenue, application for remis- sion and return of proceeds, distri- bution, 6363. ‘. Cigars, etc., bought from manufactur- er who has not paid special tax, 6213a. - Fraud in manufacture of cigars on commission or shares, 6209. Removal from manufactory with- out being properly boxed, stamp- ed, branded, etc., 6207. Selling contrary to law using false Stamps, making false entries, etc., 6210. Unstamped, 6208. Disposing of or receiving empty Stamped packages and other offens- es relating to stamped packages, [References are to sections, except where otherwise indicated.] FORFEITURES (Cont'd) Internal revenue (Cont'd. ) - Distilled spirits, adding substance to create fictitious proof, 5987. Affixing imitation stamps on pack- ages, 6108. Apparatus of, carrying on business without giving bond, 6021 - Boiler, stills, distillery, etc., sales to be at public auction, 6352. Destroyed in certain cases of, re- imbursement, 6129. - Disposed of by Commissioner, 6352. Failure of distiller to give bond, Failure to deposit in general bond- ed warehouse on removal from distillery warehouse, 6065. Failure to efface stamps and brands from empty casks, 6105. Failure to furnish transcript of book entries, etc., 5974. Grape brandy, failure to comply with provisions for deposit in special bonded Warehouses, 6049. Tax not paid, 6047. r Horses, vehicles, etc., used in con- veying goods to distilleries ex- hibiting no sign, 6019. Imitation wines not properly stamped, 6110. Nonregistered stills, 5994. Proceedings in case of seizure for, 6360, 6361. Proceedings when value of proper- - ty does not exceed $500, 6362. Property found in possession in fraud of revenue laws, 6355. Relanding of spirits withdrawn from bonded warehouse Without payment of tax and exported, 6125. - Removal from distillery, unlaw- fully, 6079. - Within prohibited hours, 6109: Removal from general bonded warehouses in violation of law, 6065. Reusing stamp or bottle after bot- tling in bond, 6075. Sale of spirits under, 6360. ...: Sale under judicial process to be subject to tax, 6131: g Setting up still without permit, 6003. Sweet wines having excessive per- centage of wine spirits, 6111. Unlawful recovery of alcohol from denatured alcohol, 6137. Unlawful use of alcohol manufac" tured by others for denaturation, 6137. Unlawful use of alcohol withdrawn from bond without payment of tax for purpose of denaturing, 6.136. Unstamped packages, 6030. * withdrawn from bond for making 'sorghum sugar in violation of law, 6069. & . " Fermented iiquors, etc., evasion of tax, • False entries in books of brewers, 6146. Removed for bottling without pay- ment of tax, 6161. s Removed from warehouse Without payment of tax, 6159. Withdrawing from unstamped packages for bottling, 6161. Filled cheese, purchased from manu- facturer who has not paid tax, Recoverable in any court, 6256. Unstamped or deleterious filled, 6255. Fraudulently executing documents re- quired by laws, 6353. - Liquors or wine removed under other than trade-name, 6351. Mixed flour, recoverable in any court, 6268. - Nonpayment of special tax on occu- pation, 5965, OleOmargarine, factory, etc., for eva- sion of tax by manufacturer of, 6229. Failure of manufacturer to comply with the law, 6230. Purchased from manufacturer who has not paid special tax, 6224. Recoverable in any court, 6230. Unstamped or deleterious, 6227. GENERAL INDEX [Page 2133} [References are to sections, except where otherwise indicated.] FOREEITURES (Cont'd) Internal revenue (Cont'd ) Opium manufactured in violation of law, 6287e. Packages to be included in the forfei- ture of the goods contained therein, 6859. Playing cards, removal of stamps from and reusing of package, 63.16. Sold without stamps, 6317. Property, etc., bottling on brewery premises, 6161. Refundment of, 5944. Suits for recovery, 5937. Sanction of Commissioner of In- ternal Revenue, 5938. Where brought, 5937. Tobacco, bought from manufacturer who has not paid Special tax, 6173a. e Fraud in manufacturing by one person for another or on shares, 6179. Materials, etc., for unlawful re- moval or selling, , etc., without stamps, 6181. * Peddler’s wagon, etc., for failure to exhibit certificate, etc., 6.190. Unlawful use of washed, restored or altered internal revenue stamps, 6318d. - - Vinegar, etc., for unlawful operation of vinegar factory, 6022. White phosphorus matches, of tax on, 62.77. - Recoverable in any court, 6284. Removal, defacement or reuse 'stamps, 6276. Unlawfully exported, 6281. Unstamped, 6274. Violations not otherwise provided for, 6283. - : Wines not tax paid, etc., 61.14c. Internal revenue collector to be charged with, 5942. Jºnents to be paid to collector, 940. Irrigable lands, excess holdings of, 4730, 4732a. For nonpayments, 4729, 4732a. evasion Of Judgment on default, etc., how rendered in suit to recover, annexed to bond, etc., 1599. , 4 Land grants to railroads, 4885, 4905, 4906. Extension of time to purchase, 4907, 4909–4912. Failure to make deposits for costs of Surveying, 4915. • , Removal of crops and improvements, 4908. - . Repurchase by bona fide purchasers from grantees, 4908. Rights of original grantees, 4913. Sale, price, 4761. Land,º, aliens, in District of Columbia, In territories, 3492, 3493. Land of religious corporation in tories, 3489. Lease or privileges in Hot Springs Res- ervation, 5253, 5254. - Leases of lands in Yellowstone Park, terri- Licensed or enrolled vessel engaged in domestic commerce for failure to regis- ter on proceeding to foreign port, 8086. Licensed yachts for violation of naviga- tion and revenue laws, 7804, 7805. Liquors, in Alaska, 3643m. In District of Columbia, 3421%l. Imported from countries prohibiting importation from United States, 52910238). r . Seized in Indian country, informers, forfeiture of liquors unlawful in In- dian country, one-half of goods seiz- ed, 4141. * - Shipped in packages not plainly mark- ed., 10410. Manifest incorrect, excuse, 5507. Merchandise, duties unpaid, 5769. - Entered by false invoice, 5526. x Entered for exportation, failing to correspond with invoice, 57.37. Falsely entered for drawback, 5753. By accident or mistake not subject || to, 5754. Fraudulently entered, 5527. - Importer guilty of perjury, 5597. Not included in manifest, 5506. - |Unladen without permit, 5555. - Merchant seamen shipping laws, viola- tions of, 8380-8391. - FORFEITURES (Cont'd) Messengers appointed to deliver electoral Votes, neglect of duty by, 214. Mºtory birds, etc., 8837e, Appendix p. 795. Mining claims in Alaska, for failure to Work or make improvements, 5051. Moneys paid under reclamation act, 4704. National bank franchise, noncompliance With Federal Reserve Act, 9786(6). Violations of law, 9831. National banks, usurious interest, 9759. Navigation laws, enforcement of, 8051. Obstructing internal revenue officer, 5900. Office, destroying records, 10299. Failure to enforce liquor law in Dis- trict Of Columbia, 342.1%O. Internal revenue officers, extortion and Other offenses, 5889. . Interested in manufacture of to- bacco, etc., spirits, etc., 5888. Steamboat inspector, 10276. Opium, belonging to master, crew, not declared in manifest, 8801f. Imported by Chinese, 8798. Smoking Opium concealed on vessel, etc., 8801b. Transported, etc., from China, 8799. Unlawfully imported, etc., 8801. Pay, army, necessity of courts-martial, 2308a, art. 104. Army officer, dropped for absence, 2111. Q - etc., Encroachment upon work of war department by general staff corps, 1762a. - Soldiers, courts-martial, necessity, 2308aa, art. 104. Suspended sentence for dishonor- able discharge from army, 2162a. Enlisted men in marine corps de- tailed as clerks and messengers, 2941a. - Members of fleet naval reserve, 2900%b (7). . - Navy, absence of officer on account Of intemperance, 2900a. Permitting officer to remain de- tached, 1999. Punishment by deck court, 2988. Payments, desert lands, 4678, 4679. Timber and stone lands, 4672. Philippines, corporation franchises, voluntary servitude, 3884. Possession of vessel seized on behalf of the United States and libeled or in- formed against as forfeited under any law to be given successful claimant on payment of costs, 1620. Postal laws, recovery and disposition, in- Postmasters, failure to render quarterly accounts, 7206. Potassium lands, 4640g, 4640hh. Property in transit, 8828. Property of trusts, etc., import trade, 8834. Property purchased from alien property custodian, 31.15%ff. . Prosecutions by district attorneys, 1297. Public money, for withholding, 6611. - Public printer, fraud of, 6989. Radiotelegraph apparatus for use or op- eration without license, 10100. Receiving rebates from carriers, recovery by civil action, 8597. Refund when erroneous, 10136. Rejected teas reimported, 8794. Relanding in United States exported mer- chandise, 5693. *: Remission, by governor of Porto Rico, 3803ddd. Informers, rights of, 10135. Investigation under regulations of Secretary of Treasury, 10.131, 10134. Laws relating to vessels, 10135. Summary investigation before district judge, 10130, 10132-10134. Repeal of acts not to affect, 14. Rights of way, in Alaska, 5086, 5087. Electrical poles and lines, 4948. Pipe lines, Arkansas, 4956, 4957. In Colorado and Wyoming, 4951. Railroads, 4924, 4927, 4928. Through Indian land, complete road, 4184. Wagon roads, etc., in Alaska, 5087. Rights under reclamation act, 4704. Sale of registered vessel to foreigners not reported, 7753. - Savings of seamen of navy, 2874. leasehold interests, in restraint of failure to FORFEITURES (Cont'd) Sea-Stores, excess, 54.93. Landed without permit, 5494. Smuggling, vehicles or common carriers •. # Subject to When unintentional, Vessel not subject to when uninten- tional, 5766. Snuff bought from manufacturer who has not paid Special tax, 6173a. Spirits, Wines, and sugar, removal from wharf before proof, 5574. Statement of suits for, 1298. - |Under. Statutes in Revised Statutes prior to repeal, 10595. Steam Vessels, carrying passengers in excess of number allowed, 8229. Suits for, brought in name of United States, 1545. Under copyright laws, costs, 1613. Under internal revenue laws, where brought, 5937. . Jurisdiction of district courts, 991(9). Exclusive when, 1233(2). USury in transactions of national banks, 9759. Limitations, 1712. Effect of repeal of laws, 10518. Usury in transactions by national banks, 9759. Venile, 1025. Proceedings on seizures, Vessel or cargo, 1029. sº COrmpany’s right to do business, 1027. Telegraph companies, failure to report, 10085. Tobacco bought from manufacturer who has not paid special tax, 6.173a. . Trading with the enemy, 3115.1%hb. Treason, limitation to life of person at- tainted (Const. art. 3, § 3, cl. 2). º in transactions of national banks, viºles and teams used for smuggling, Vehicles, yessels,... etc., aiding in entry or exit during time of war of persons Without permit, etc., 7628g. vesselºrmed against friendly powers, Of British Dominion violating retalia- tory, Suspension of privileges, 7830. Carrying away live-oak and red-cedar timber, 4981. X- - Change of name, 7762. Of citizens of insurrectionary states, Clearing from foreign port for United States without bill of health, 9157. Costs, how taxed when claimant’s right is established, 1620. Departing without clearance or per- mit, 10162. Engaged in coasting trade or fishery Without enrollment or license, 8124. Engaged in domestic trade for viola- tions of laws relating to, excep- tions, 8133. Notice of seizure, 8134. Recovery, 8135. Pºsed in taking fur seal, etc., 8843, Entering in violation of quarantine laws, 9156 - Entering ports closed on account of insurrection, 10159. False oath of owner, 7721. From foreign adjacent country, lation of regulations, 5821. Foreign vessels violating retaliatory suspension of privileges, 7829. Forfeited vessels entitled a registry. vio- Fraudulent registry, 7775. Neutrality violations, 10182g. Rºins transfer of merchandise, Registered in United States after en- try, 7812a. Registered on false oath by agent, 7744. Shipyards, etc., sold, chartered, etc., in violation of shipping board act, 8146r(1), Appendix p. 1789. Slave trade, equipped for, 10427. 2. Hovering on coasts having on board slaves, 10431. | Interest in vessels, 10432. Transporting slaves, 10429. Sold, chartered, etc., in violation of United States Shipping Board Act, 8146e, Appendix p. 1789. Taking out of port in violation of embargo on exports, 7678c. GENERAL INDEX FORFEITURES (Cont'd) Vessels (Cont'd) - Taking wrecked property from Florida Coast to foreign port, 7986. Transfer to person not a citizen, etc., 8146e. . . Unlawfully unladed, 5565. Used in unlawful importation of dis- eased cattle, 8684. Use of as resort for persons conspir– ing against United States, 9959%.c. Venue, 1029. Violation of Chinese Exclusion Act, 4297, 43.05. Violation of license, 8132. - Violation of registry laws, 7714a. Violation of regulations in time of war, etc., 9959%b. Wages of seamen, 8313, 8347, 8355. pºement and disposal, 8384, 8385, Witnesses, before Interstate Commerce Commission not to be subjected to because of testimony, etc., 8578. In proceedings to enforce, informers and officers may be, 10137. IFORGERY See Counterfeiting ; dictment. Bids, etc., 10192. tº Bills of lading issued by interstate car- rier, penalty, 8604 u. Bonds, etc., 10192. War Finance Corporation, 31.15%j. Certificates, citizenship, 10242. Customs entry, 10231. Identification of Chinese claiming right to leave and return, 4312. Identity of Chinese entitled to enter United States, 4294. Inspection of plants, 8762. Oath taken before secretaries of lega- tion and consular Officers, 3211. Residence of Chinese entitled to re- main in United States, 4322. Return of Chinese, 4312. Claims against United States, persons in military service, 2308a, art. 94(6). Persons in naval service, 2975(5). Connecting parts of different bills, etc., 0332. Evidence ; I'm- Customs entry certificates, 10231. Dealing in forged securities, 10324. Deeds, etc., 10193. Discharge from military or naval serv- ice, 10242a. Enrollment or license of vessel, 8130. Extradition for, of fugitives from foreign country, 10110. False demand on forged power of at- torney, 10.198. Federal farm loan bonds, etc., 9835v (2). Foreign securities, 10326. Forfeiture of counterfeit coin, material, etc., 10342, 10343. Gold or silver coins or bars, 10333. Having false, etc., papers in possession, 10.194. Indian country, application of laws, 4147. Indorsement of pension checks, 9109. Instruments concerning lands in Cali- fornia, 51.17-5119. Land patents, etc., in California, 5117-5119. Letters patent, 10191. Mail locks or keys, 10361. Meat inspection, labels, etc., 8681 (9), 8683, 8711. § Military bounty land warrants, 10241. Minor coins, 10334. Money orders, 10388, National bank notes, 103.19. Naturalization proceeding, 10244. Naval military or official pass, 10240c. 10514a–105.14d. Notes of foreign banks, 10328. “Obligations of United States,” 10318. Offering in evidence document with false signature, 10300. Papers in naturalization proceedings, 10244. Passes, etc., 10240c, 10514a–105.14d. Passports, 7628d. - 12ermits to depart from or enter into Drited States, 7628e. Playing card stamps, 6314. Possession of false, etc., papers, 10.194. Forged foreign securities, 10330. Postage stamps, 10389. Foreign, 10390. Powers of attorney, etc., Public records, etc., 10192 Sea-letters, 7777. Seals of courts, 10300. 10193. [Reference | Stamps, etc., IPage 21341 S are to sections, except where otherwise FORGERY (Cont'd) Seals of executive departments, 10240b, 10514a–105.14d. Securities, 103.18. Ship’s or custom-house, papers, 10240. Signature of judge, register, etc., 10300. used in bottling spirits in 10240a, bond, 6076. Tºmitting forged, etc., papers, 10192, Using" false certificate of citizenship, 10245. Using plates to print notes without au- thority, etc., 10320. Uttering, bills of lading issued by inter- State carrier, 8604u. Bonds, etc., of War Finance Corpora- tion, 31.15%j. Foreign securities, 10327. Forged obligations, 10321. Notes of foreign banks, 10329. Writing in relation to title to lands, mines, etc., in California, 51.17-5119. FORMA PAUPERIS Security for costs, 1626–1630. FORMER JEOPARDY Conviction of officers of common carrier for embezzlement of moneys, property, etc., used in interstate commerce, 8602a. Philippines, 38.10. Porto Rico, 3803aa. FORMS & ACCounts, etc., of common carriers pre- Scribed by Interstate Commerce Com- mission, 8592. Advertisement for proposals for station- ery, for Congress, 92. Applications for money orders, 7561. Applications for relief as to life insurance by persons in military service, 30.78%gg. Bill of health for vessel clearing from foreign port, 9157. Blanks and letter heads for judges and court officials, 7178. Certificate of naturalization, 4382. Clearance of vessel, 7793. Collection of customs, 409. Condemnation of sites for public build- ings, 6910. Declaration of intention, 4382. Enforcement of internal revenue laws, 384. Enrollment of vessels, 8065, 8067. Interstate Commerce Commission may prescribe forms of notices, 8586. License of vessels, 8066, 8067. In domestic commerce, 8069. Manifest, to be delivered to collector on departure of vessel, 7791. Money orders, 7562. To correct errors, 7566. Notice of miners’ lien in Alaska, 5060. Passports, for vessels going to foreign countries, 8052. Permits for shipment of liquors in Alaska, 3643g. Petition for naturalization, 4382. Post Office Department, Postmaster-Gen- eral to fix, 582. - Public contracts, 6899. Public printer, to furnish for Congress, To supply departments, 6997. Register of vessel, 7736, 7737. Schedules of rates of common 8569. Stub of certificate of naturalization, 4382. Vital statistics, 9147. Writs, processes, p leadings and proceed- ings in courts of United States in gen- eral, 1534–1537. FORNHCATION Punishment, 10491. FORTTFICATIONS See Forts. FORT LEAVEN WORTH RESTERVATION Disciplinary Barracks, 2458a. FORT EYON MILITARY RESERVA- THQN Patents and states, selections confirmed, ã004. Rights of entrymen and settlers, 5004. FORTS See Board of Ordnance and Fortifica- tion ; Military Reservations. Accounts relating to, examination of, by Auditor, 420. Acquisition of sites, etc. (Const, art. 1, § 8, cl. 17). Alien enemies not to approach within one- half mile of, 7615. - carriers, MILITARY indicated.] FORTS (Cont'd) & Condemnation of sites for, 6911, 6911a. Congress, purchase and power over sites for (Const. art. 1, § 8, cl. 17). Contracts for construction, etc., 6860. Donations of land for, 6911. Engineer Corps, duties, 1844. Estimates, construction or modernization of batteries, etc., 6702. Fortifications for insular possessions, Injuries to fortifications, etc., 10208. Obtaining, communicating, etc., unlawful information respecting national defense, 102.12a, 102.12b. Officers to observe state quarantine laws, Political contributions not to be received in, 10289 Purchase of land for, 6911, 69.11a. Opinion . as to title and consent of state Legislature, 6902. State’s assent to, 3424; (Const. art. 1, § 8, cl. 17). Sites to include land for artillery bar- racks and quarters, 6912. Unlawful entering, 10209. FOURTH CLASS MAIL MATTER See Mails. . FOURTH OF JULY Seamen not required to do unnecessary work on, 8363b. FOXES Alaska, islands used for propagation eX- cepted from homestead entry, 5046b. Price of blue fox skins to be paid to na- tives of St. Paul Island, 8859. FOX INDIANS Laws relating to allotments in severalty not to apply to, 4206. FRACTIONAL CURRENCY General provisions, 6542-6549. Expenses of engraving, etc., 6552. Portraits of living persons not to be plac- ed on, 6549. Redemption, 6542, 6544-6548. Fund for, to be used for payment of pension arrears, 9099. FRANCE Ambassador and secretary to, salaries, 31.17 # Claims of inhabitants for damages from military operations, 335b-335e. IFRANCHISES Philippines, 3884. Porto Rico, 3781-3783, 3803p. Tax on corporations in, Crater Lake Na- tional Park, 5230a. Glacier National Park, 5248a. Mount Rainier National Park, 5227a FRANCHHSE TAX Federal reserve bank earnings, 97910,. FRANKS See Postage. - FRATERNAHL INSURANCE TIES Income tax, exemptions, 6336k[a]. Relief of persons in military Service, 3078%g-3078%p. FRATERNAL SOCIETIES Exemption from internal revenue tax on club dues or fees, 6309%b. Interpleader, jurisdiction of district courts, etc., 991a. Postage on second class mail matter of, 7358b. Publications of, as second class mail mat- ter, 73.09. FRAITO See Counterfeiting ; False ; Forgery. Acceptance of payments under war risk insurance act, 514 nnn. American National Red Cross, represen- tatives of, use of insignia, etc., of, 7700. Army, publication of officers dismissed for, 2308a, art. 44. Cancellation of certificate of citizenship for, 4374. Claimant against United States, forfeiture of claim, 1163, 1164. - Commissioner of Internal Revenue may pay for detection of, 6365. Customs revenue, detection and preven- tion, 6796, 6797. Detection and prevention, increase of amount of appropriation, 6797a. Debts created by, not barred by discharge in bankruptcy, 9601. Enlistment, 2308a, art. 54. In Navy, punishment, 2983. SOCIE- GENERAL INDEX FRAUD (Cont'd) Entry of merchandise, presumption, 5527. Execution, etc., of documents required by internal revenue laws, 6353. False billing, etc., by carrier at less than regular rates, punishment, 8574. Having in possession goods with intent to sell in Violation of law to avoid tax thereon, 6354, 6355. Increasing weight of mail, 10398. Internal revenue, affixing stamps brewers, 6148. - Claiming drawback under revenue laws, 6125, 6337. On manufactured tobacco, 6196. Defrauding United States of tax on distilled spirits, 5993. - Detection and punishment, statement of expenditures, 6365-6366. Evasion of tax by manufacturers of oleomargarine, penalty, 6229. Evasion of taxes on white phosphorus matches, 62.77. - Inspecting of gauging, etc., 6033. Manufacture of tobacco and Snuff On shares, 6179. - Manufacturing cigars on shares, 6209. Packing, stamping, etc., cigars Or cigarettes, 6202. - Possession of property with intent to sell in fraud of internal revenue laws, 6354. Removal of goods from bonded Ware- houses, 5680. Selling adulterated butter with fraud- ulent stamp, 6235 Use of empty or partially empty stamped packages for tobacco and Snuff, 6.185. Use of empty stamped cigar box, 6214. Use of marked or stamped spirit cask or package, 6107. - Using fraudulent, or selling, playing card stamps, 6314 Investigations, oaths, 265. Land warrants, 4854. Mails, matters relating to, excluded from, by internal Money orders for persons conducting scheme to obtain money by fraudu- lent pretenses, payment forbidden, 7573. Registered mail, “fraudulent,” 7411. Return of mail addressed to persons conducting devices to obtain money by fraudulent pretenses, 7411, 74.12. Using fraudulent or fictitious address, 10386. - - Using to promote, 10385–10386. Marking imported articles and packages, 5298. when stamped Navy, punishment, 2969(1). e Notice of copyright or removal of notice, Obtaining or attempting to obtain trans- portation for property at less than reg- ular rates by false billing, classifica- tion, etc., 8574. - . Passports, issue of false, 7628. Pensions, false claims, 9038. º - Passage of special acts relating to, suspension of payment until consid— eration of repeal, 9019. i = Special service in investigating, sus- pected attempts at fraud, 9073. Power of attorney, false demand on, 101.98. -> Prevention of in intercourse between in- surrectionary states, 10149. . º Prize property, interference with delivery, etc., of, 10202. - Public printer, 6989. Removal or concealment of goods, etc., With intent, 6352. - Representation or use of insignia, etc., of American National Red Cross, 7700. Revenue, consuls to report, 5547. - Duty of Solicitor of Treasury in rela- tion to, 552. Taxable articles held with intent to defraud, 6355. Settlement on lands in Oklahoma, 5025. Suspension from practice, before Interior Department, 684. Before Treasury Department, 385. Taking baggage, etc., in course of inter- state transportation, 8603. - United States, persons in military service, 2308a, art. 94. Persons in naval service, 2975. Using official envelopes, 10897. [Page 2135] FRAUDULENT CONVEYANCES Acts of bankruptcy, 9587. “ FRAYS Army officers to quell, 2308a, art. 68. FREE COINAGE OF GOLD ACT See Mints. Text of act, 6470, 6471, 6542, 6543, 9720. FREE DELIVERY - See Mails. FREEDMEN - General provisions relating to, 3967-3979. Hospital and asylum, bounty fund for colored sailors, soldiers, etc., fund to be covered into treasury, 3972. Continued, 3974. Contracts for care and treatment of pºons from District of Columbia, tº i t . Deceased patients, money of when un- claimed to be covered into treasury, 3978a. - Estimates for expenses and mainte- nance, 3978, 6717. - Secretary of Interior to have direction of, 3975. Supervision of expenditures, commis- Sioners in District of Columbia, .3976. FREEDOM OF SPEECH AND PRESS Congress to make no law abridging (Const. am. 1). - - Philippines, 3810. Porto Rico, 3803aa. FREE HOMIESTEAD ACT See Homesteads. Text of act, 5013. FREE LIST See Customs Duties. FREE TRANSMISSION See Postage. #7 REIGHT Appropriations for Ordnance Department § to be expended for freight charges, Carriage of mails as freight, 7454a, Ap- pendix p. 1787. - Larceny of, 8603. - Lien for, upon imported articles in ware- house, 5667. , , - Naval vessels, punishment for receiving, 2969(13). Schedules of rates for transporting through foreign country, 8569. Sending Second class mail matter restrict- ed, 7502. Tax on transportation by, amount, 6309%a. By whom payable, 6309%b. Computation, 6309%b. Exemptions, 6309%b, 6309%c. - Returns by persons, etc., subject to, 6309%d. Transportation of postal supplies, 7491. Wages of seamen not dependent on, 83.16. War risk insurance, 514b. FREIGHT BOATS Inspection of hull and boiler, 8.190. FREIGHTS Pooling of freights by competing carriers forbidden, 8567. - FRHCTION MATCHES See Matches. Mode of packing for shipment on steam vessels, penalties, 8245, 8246. FRIVOLOUS SUITS Dismissal of suits by poor persons, 1629. TRONTIERS • See Northern, Northeasterm, and North- ^wester?, Fro??tiers. Alien enemies not to be found on the wa- ter, within three miles of shore line of |United States, 7615. - Enrollment or license of vessels navigat- ing waters on, 8064. Pier-heads on, to be marked by lighthouse board, 8453. Vessels navigating waters of, fees collec- tible from, 8136-8139. - License, renewal, 8076, 8077. FRUIT BRANDY - See Distilled Spirits and Wines. FRUIT DISTILLERIES . See Distilled Spirits and Wines. FRUIT GROWERS Holding and storing food and necessaries, 31.15% qq. Income tax, exemptions, 6336|Kſa]. Manufacturer of alcohol free of tax for denaturing, 6137. [References are to sections, except where otherwise indicated.] FRUITS See Conservation of Food and Neces- saries. Customs duties on, 5291ſ217-222). Plant Quarantine Act, 8752-8764. Restriction on use for liquors, 31.15%l. Standard barrel for, 8907c. - Standard containers for, examination and test by Department of Agriculture, 89070. Guaranty of manufacturer defense to dealer, 8907d. Small fruit, 89.07m. FRYE ACTS Shipping, 3176, 5472, 5494, 5516, 5563, 5653, 5669, 5670, 7469, 7707, 7730, 7734, 7757, 7759, 7803, 7812, 7829, 7953, 7956-7959, 7967, 7968, 7978, 8027, 8028, 8096, 8125, 8126, 8137-8139, 8221, 8287, 8292, 8293, 8296, 8300, , 8309, 8323, 8330, 8331, 8334, 8350, 8362, , 8367, 8369, 8371-8374, 8382, 10136, 10464. FUIEL See Conservation of Food and Neces- Saries. Appropriations for, availability for use in temporary rented quarters, 6394. In District of Columbia, use of, 3369ee, Appendix p. 1775. Army officers, allowance to, 2115–2117. Chapel Organist, at military academy, al- lowance to, 2219a. Conservation, distribution, etc., 31.15%a-31.15%rr. Contracts for, for Army or Navy, not to exceed necessities of year, 6884, 6885. Government fuel yards, 3369e, Appendix p. 1775. Holding or destroying, 31.15%qq. Natives of Pribilof Islands, 8865. Navy, coal lands in Alaska, 2804.hh, Appendix p. 1765. Not included in inventory, 3420. Post offices, allowances for, 7230. Price regulation, etc., 31.15%q. - Purchase of, for departments, 6833. For Navy, 6879. Purch; of vessels for transportation of, (93. 2804h, Appendix p. 1765. Requisition for army, navy or public de- fense, 31.15%ii. Senate and house of representatives, sup- ply of by doorkeepers, 106. Superintendents of national cemeteries to be furnished, 9367. Surveyors-general, allowances for, 4461. Third class post offices, allowance for, 7259a, Appendix p. 1786. - FUGITIVES FROM JUSTICE See Ea:tradition. - Arrest of and removal to or from Philip- pine Islands, 1675. Cº.; Lake National Park, right to take, 2. Bºrº 10110-10128; (Const. art. 4, § 2, cl. 2). Glacier National Park, right to take, 52482. Limitation of time for finding indictment for capital offense, etc., not to apply to, 2, price fixing, selection, Mount Rainier National Park, right to take, 5227a. Panama Canal Zone, extension of laws to, 10047. - Service on Hot Springs Reservation, 5261. Yellowstone Park, 5191. FULL FAITH AND CREDIT Judicial records, 1519. Requirement of (Const. art. 4, § 1). FUMIGATION Merchant vessels, 7734. FUNDING ACT OF 1866 Text of act, 6561. FUNDS See Public Money. FUNERAL, EXPENSIES Army officers or enlisted man, pay on set- tlement of account of deceased, 2203. Naval officers and enlisted men, 2871, 2889. No deduction from gratuity pay, 2870a. FUNGICHDES See Insecticides and Fungicides. General provisions, 8765-8777. TUR-BEARING ANIMALS See Alaska Seal Fishery. General provisions, 8838-8865. Alaska, game act not to affect, 3615. Investigations by governor, 3560. GENERAL INDEX [Page 2136] [References are to sections, except where otherwise indicated.] FUR-BEARING ANIMALS (Cont'd) Alaska (Cont'd) - Legislature not to amend or repeal, 3530. Blue fox, price of skins to be paid to na- tives of St. Paul Island, 8859. Fºur seal, 8838–8865. * Jurisdiction of offenses, 8851. Otter, mink, etc., in Alaska, 8850. Pribilof Islands, declared special reserva - tion, 8853. Remission of fees, etc., 8852. Sea otter, 8838–8849. IFURLOUGH For sickness, see Sick?vess. Army, enlisted men, 1891e, 1892. Enlisted men, dependent relatives, 894. Discharge by purchase, 1894. Regular army to regular army reserve, 1891a. Pay, 1894. - Re-enlistment, 1891a. Navy, authority to place officers on, 2614. Enlisted men, recall, 2590b. Pay of officers, 2832. Retired officers, 2896, 2897. Status of officers and men absent On, as to pensions, 8975. IFURNETURE Agricultural Department, 813. Custody of, 817. Allowances for, to marshals, 1387. Appropriations for, availability for use in temporary rented quarters, 6934. Bureaus of treasury department, 375. Capitol, purchase of, 3373. Condemned furniture, sale of, by officers of senate and house of representatives, 116. Customs duties on, 52910176). House of Representatives, care of, by Su- perintendent, 3379. New public buildings, conformity to plans and specifications, 6937. Postal service, estimates, 6709. Post offices, allowances for, 7230. State Department, custody and charge of hy secretary, 301. Treasury Department, report of expendi- tures for, 397. War Department, custody and charge of, 3.19. FUR SEAL See Seal Fishery. Seizures wºnder laws relating to, see :Searches and Seizures. GAL LON Defined, 5984, 6138. GAMIBILING Navy, punishment, 2969(1). GAME See Fºr Bearing Animals. Alaska, violation of laws in, 3621. Birds, gºes, importation for propagation, Preservation, etc., by Agricultural De- partment, 821. Crater Lake National Park, forfeiture of guns, traps, etc., used in violation of law, 5230e. Rilling, etc., prohibited, 5230d. Protection, 5228-5230. Customs duties on, 5291ſ227). Dead bodies of game animals, importa- tion or interstate transportation of which is prohibited, subject to laws of State, 8708. Glacier National Park, forfeiture of guns, used in violation of law, 5248e. Rilling, etc., prohibited, 52480. Protection, 5248. Grand Canyon national forest, 5.159, 5161. Hunting, Alaska, 3615–3622. Bird-breeding grounds, 10252. National military parks, 5285. Yellowstone Park, 5193. Tmportation of eggs of game birds pro- hibited except for propagation, 5291 (478). Killing, etc., as offense, 5227d., 5230d, 52486. LaSSen Volcanic National Park, regula- tions, 5249ſ. Laws, or repeal, 3530. . Migratory game birds, 8837. 8837a-8837m, Appendix p. 1795. Mountºkinley National Park, killing, Refuge in, 5249tt. Alaska legislature not to amend GAME (Cont'd) Mount Rainier National Park, forfeiture Of guns, traps, etS., used in. Violation of law, 5227e. Rilling prohibited, 5227d. Protection, 5224. National forests, protection on portions of land acquired for protection of water sheds, 5187b. - Officials of forest service to aid in en- forcement of local laws, etc., 5154. Possession of as prima facie evidence of offense, 5227d, 5230d, 52486. Sequoia National Park, protection, 5208. Sullys Hill National Park Game Preserve, establishment, 5277a. Transportation of illegally killed game, 5227d, 5230d, 52.486, 10412-10414. Wardens in Alaska, enforcement of liquor laws, 36430. Wichita National Forest, 5156–5158. Wind Cave National Park Game Pre- serve, 5275. Wyoming Elk Refuge, 5277. Wyoming Elk Reserve, 5276. Yellowstone Park, hunting prohibited, Fºcutions for offenses relating to, 194. Protection, 5189. Regulations for protection, 5193. Yosemite National Park, protection, 52.10. GAMES * - Internal revenue tax on, 6309%a, 6309%b. Payment, Vendee or lessee in certain cases, 6348b. When held or intended for sale, 6309%c. GANGWAYS On river steamers, carrying passengers on main deck, penalties, 8254, 8256. GAR.HD]ENS Hot Springs Reservation, injuries, penal- ty, 5263. Młºry posts, expenditures forbidden, 987. GARNHSHMENT Against persons in military service, Vaca- tion or stay of, 3078%d. Exemptions, property transferred to alien property custodian, 31.15% e. Goods shipped by interstate carrier, 8604l. Interstate carriers, goods shipped, 8604l. Froceedings by United States against debt- ors of corporations as, garnishees, 1561– 1563. GARRISONS Retired officer in charge of, when without regular garrison, 2075a. Schools, 1988. GAS Boats, propelled by, see Motor Boats. T)istrict of Columbia, limitation on pay- ments, 3331a. Limitation on payments in District of Co- lumbia, 3331a. Panama Canal Zone, leases, 10034. Pipe lines, rights of way through Indian lands, 4.192 Transportation by pipe lines, regulations affecting common carriers not applica- ble to, 8563. GAS GOVERNORS Public buildings, rent, 3331b, Appendix p. 1775. reservation of in GAS LANDS Entry under nonmineral laws, 4640a. Fatents, transfer of land before discovery of gas, 4637. Rights of occupants of lands withdrawn from settlement, etc., 4524. TJtah, entry, patent, etc., 4638-4640. Withdrawal from entry, disposition of gas or proceeds pending application for pat- ent, 4637 a. - GA SORLINE Motor boats to carry means of extinguish- ing burning gasoline, 8283. Sale to vessels of Volunteer patrol squad- rons, 3078a (25). Steam passenger vessels, may carry to supply auxiliary lighting and wire- less system, 8242 Not to carry, 8242. GAS WELLS Income tax, annual depreciation, act re- lating to burden of proof in suit to recover internal revenue tax paid not to apply to, 5948. On corporations, deductions for re- duction in flow, 6336![a], [b]. GAS WELLS (Cont'd) Income tax (Cont'd) On Corporations (Cont'd) Deductions, 6336e[a]. On individuals, deductions for reduc- tion in flow, 6336eſa], 6336fſa]. GATES Hot Springs Reservation, alty, 5263. GAUGE Procurement for manufacture of arms, etc., 31.10a. - Standard for sheet, plate iron and steel, 8903–8905. t GAUGERS See Storelceepers. Customs, appointment at ports temporarily established in case of insurrection, 10156. Employment by collectors, 5359. Expense of gauging when gauge not Stated in invoice, 5618. Extortion, penalty, 5377, 5378. Imported liquors inspected and marked by, 5650. - - Merchandise gauged or removed from wharf, 5574. Returns of goods gauged, 5582. Superintended by surveyors, 5365. Internal revenue, appointment, 5865. Assignment to duty and transfer, 5875. Bond, 5865. Compensation, limit of, 5867, 5869. When assigned to small distiller- ies, 5872. W. detailed for special duty, injuries, pen- when detailed to fruit distilleries, 61.14d. When gauging fruit brandy, 5868. When traveling, 5873. Daily returns to collectors, 6032. Detailed for duty in other district, 58 76. To fruit distilleries, 61.14d. Distilled spirits, marking, etc., Sacks or packages dumped for rectifica- tion or received from rectification, 6102a. - To be gauged before rectification, 5996. Drawing off spirits for purposes of gauging, 60 Duties, 5865. Fees, 5866. When gauging fruit brandy or de- tailed for special duty, 5868. * Inspecting and stamping rectified Spir- its, 6102 e ‘º Inspection and gauging distilled spirits entered for exports on application for drawback, 6.124. Leave of absence, 5877. Limit on number, 5878. Oath, 5865. Offenses, employment by gauger of distiller, etc., to perform his duty, 6031. Fraudulent inspection, gauging, etc., 6033. Performance of duties of by storekeep- er, 5869 Receiving cisterns, to have charge of, 6005 Reports to collector, stamps, 6096. . Returns, as to contents of Spirits, in- tention to rectify, 5996. * Inspection and gauging of distilled spirits entered for exports on ap- plication for drawback, 6.124. Special gaugers, per diem in lieu of subsistence, 5861a. Stamp books may be endorsed to, re- ports to collector, 6096. Transfer from one place to another, GAUGHNG Mississippi river during operation of res- ervoirs at headwaters, payment for, 9893. GAZETTE See Official Gazette. GEARY ACT See China–Chinese. Chinese Exclusion, 4315–4323. . GFNADER, Words in the masculine include feminine and neuter, 1, 34.21%r, 3643gg, 10511. GENEOLOGICAL IDATA Rººs of census to be furnished for, 4418. - GENERAL INDEX [Page 21371 [References are to sections, except where otherwise indicated.] GENERAL ALLOTMENT ACT See India?). Lands. Jndians, 4206, 4208-4210. : i 4GRNERAL APPRAHSERS Board of, see Tea. - Administration of oaths and examination of witnesses, 5596, 55.97, Appeal to, from appraisement, 5594. Appointment, tenure, salary and powers, 5593. .** Assignment to boards, 5593. Reports of decisions, 5598. GENERAL COURTS-MART See Courts-Martial. - GENERAL GRANT NATIONAL Detail of troops for protection of, 5217. Right of way for electrical plants, etc., GFINERAL ISSUE Infringement of patents, 9466. &ENERAL LAND OFFICE See Land Districts and Offices. Coºn missioner of, see Commissioner of General Land Office. Recorder of, see Recorder of General Land Office. - Authenticated copies of papers in, 708–711. Certificate of special agent as to selection of allotment to Indians in severalty to be deposited in, 4197. Clerks and employes, 669. Not to purchase, etc., public land, 698. Commissioner of, 690–712. General duties of, 699-712. - Copies of books, etc., in, when in evi- dence, 1504. . Copies of files and records, 706, 709. Exemplifications of patents, files, or rec- ords in, fees for, 711. . . Map and Statement of town-sites to be filed, 4786. Proceedings on failure, 4788. National forests, field notes of surveys, filing, 5124. - . Officer or employé designated temporary assistant commissipner, 692 Designated temporary regorder, 694. Officers, prohibited from purchasing, etc., public lands, 698. Original files, production of on subpoena. duces tecum, 701. Patents issued from, issuance, 705. Signing, 705. - By executive clerk, 697. By secretary and assistant, 695, 69 - Printed manual of surveying instructions iºned part of contracts for survey, Prohibition land, 698. Recorder of, 693, .694, 705–711. Recording of patents in, 705–707. Fººd of town site trustees filed with, Records, cancellation of patent to Indian allottee in severalty, 4212. Patents to Indian allottees in several- ty, 420i. Reports and returns of registers and re- ceivers, not to be duplicated, 4486. Report to, by surveyor-general of cost of surveying private land claims, 4809. Seal, books, etc., custody of, 700. Selections of lands by California certified to, 4879. Subdivision surveys of lands to be irri- gated noted on tract books, 4720. Surveys, Indian Reservation, 4099. Testimony in reference to saline lands re- ported to, 4752. Timber and stone lands, application to purchase forwarded to, 4672. Town-site entries, declaratery statements transmitted to, 4792. Warrants for military lands to be record- ed, 704. - GENERAL LAND OFFICE ACT See General Land Office. Tºº,” act, 669, 690, 698, 699, 700, 702-706, against purchasing public GENERAL LIBRARY See Library of Congress. GENERAL, ORDERS Nº. disobedience of, punishment, 2969 3951, 4195-4198, 4201, 4203, 4204, PARK Accounts relating to, GENERALS - Aids, selection, number and rank, 1756a. Number, 1717bb. Pay and allowances, 2090a. GENERAL STAFF - - - Detail of clerks and employes to or from War Department, 316. GENERAL STAFF CORPS Army, 1759–1762a. Army War College, supervision of, 1763b. Chief of Coast Artillery, member, 1728, 1762a. Chief of militia bureau ex Officio a mem- ber of, 3074b. - . Chief to have supervision of Adjutant General’s department, 1766. , Clerks and employés detailed to or from War Department, prohibited, 316. Composition of, 1762a. Detail of officers to Army War College, 1763b. Duties, 1760, 1762a. Encroachment on work of War Depart- ment prohibited, 1762a. - Forfeiture of pay and allowances, 1762a. Established, 1759. Forfeiture of pay and , allowances, encroachment upon work of war, depart- ment, 1762a. - Officers, title, 1717b. . - Part of regular army, 1717a. Promotion, 1762a. Regular army, composed in part of, 1717a. Supervision of Army War College, 1763b. Suspension of provision relating to a S- signment of officers detailed to, to duty in or near District of Columbia, 1762aa. GENERAL SUPERINTENDENTS Coast Guard, 8459%a.(2). Assistants, 8459%a (2). . Office abolished, 8459%a.(4). Retirement, salary, 8459%a.(4). GENERAL SUPPLY COMMITTEE Compensation of, 6833. Disbursing officers not to be on, 6833. Duties, 6833. Report of purchase or drawing of sup- plies, to, 6833. Schedule of miscellaneous supplies to be made by, 6833. GEOIDETIC SURVEY - See Coast and Geodetic Sºtºrºvey. ... ; Coast and geodetic survey, 8548–8562. {&EOGRAPHER Census office, additional, during census period, 915. GEOGRAPHICAL SURVEY Archives, etc., relating to Indians turned over to Smithsonian Institution, 10577. GEOILOGICAL SURVEY Director of Geological Su/rvey, see D4- Tector of the Geological Survey. General provisions, 770-782. - examination of by Auditor, 420. Archives, etc., relating to Indians turned over to Smithsonian Institution, 10577. Collections of minerals, etc., deposited in National Museum, 10576. Copies of cartographic or other engraved or lithographic data, 781. Copies of photographs or lantern slides, 782 - Desert lands, 776, 4696. * Detail of Ordnance Officers to, 772. Direction of, 770. - Director of Geological Survey, 770-782. Survey of lands granted to railroads, 4888. Distribution of publications, 778. Employés, assignments of pay, 774. Estimates and appropriations, 6675. Items, 6713. - Statement of number and compensa- tion of persons employed, 6714. Examination of lands to be purchased for protection of water sheds, etc., 5179. Exchanges, 778. Facilities for research accessible to stu- dents, etc., 9382, 9883. Irrigation surveys in arid regions, 776, 4696. -" Library, 778. Maps and atlases, disposal of, 779. Members of not to have personal interest in lands, etc., 770. Memoirs and reports, distribution of, 7150. Publication for exchange or sale, 7.151. Report on mineral resources, GEOLOGICAL SURVEY (Cont'd) Military surveys and maps, 8562g, Ap- pendix p. 1794. Monographs, bulletins and reports, dis- tribution, 7149, 7150. - National forest surveys, 5136. Nºrther to be made without authority, Publications of, 778. Size, editions, number of copies, ad- #ºnal copies, free distribution, pamphlet publication, limit of cost, 7101. Size, number of copies, distribution, etc., 7106. ſº Reports, additional copies, 7104. “ & Additional copies of certain parts, dis- tribution, 7103. Annual, 778. On gauging of streams and utilization of water resources, size, number of copies, distribution, 7.102. Monographs and bulletins to be pub- lished only on specific appropria- tions, 7149. Number of copies, distribution, 7067. Publications in editions, 7104. To Secretary of Agriculture, 51.79. Scientific employés, selection, qualifica- tions, 773. - - : Topographic surveys, 777. Unsold publications, distribution to pub- lic libraries, 7105. GEOILOGIST Geological Survey, 771. GEOILOGY Smithsonian Institution, reception and arrangement of geological specimens, 10575. GEORGIA. District attorneys, 1345, 1346. District clerks, 1062. District court, terms, 1062. District judges, 1345. - Southern district, 968c, 968d. Judicial districts, 1062, 1062a-1062C. Marshals, 1345, 1346. * GERMLANY Ambassador and secretary to, salaries, GIFT ENTERPRISES See Lotteries. Matters relating to excluded from mails, 7330, 10383. Money-orders to, refused payment, 7573. Postmaster acting as agent for, 10384. Return of mail addressed to, 7411, 7412. Registered letters to, 7411. Transportation of tickets, etc., 10407. GIFTS . Aviation field sites, acceptance, 1867d. Diplomatic and consular officers, accept- ance by prohibited, 3199. Income tax, deductions from, 6336eſa]. Exemptions, 6336d. Internal revenue officers for compromise, etc., of violations of law, penalty, 5889. Lands, for aviation schools, etc., 1867dd. For aviation station, 1867 n. Marshals or district attorneys for Com- promise, etc., of violations of law, pen- alty, 5893. Meat inspectors, penalty, 8681 (20). Mobilization, etc., Station Sites, ance, 1990a. Obscene literature in territories, 10485. Office holder accepting from foreign state (Const. art. 1, § 9, cl. 8). . Officers, etc., not to give or receive, 3264. Officers of customs receiving, for Serv- ices performed, etc., 7773, 8128. Political contributions, officers and em- ployés, 3270. Seamen, promoted for heroism, 2559. Site for, manufacture of armor, 2779a. Nitrate plants, 3110b. Value of property acquired by, exclusive of income, not subject to income tax, 6336d. - accept- | Vessels in navy, silver, colors, etc., for, 647. GIN Bottling in bond for export without pay- ment of tax, 6070a. GINGER ALE Internal revenue tax on, amount, 6161%a. Payment, vendee or lessee in certain cases, 6348b. Returns of manufacturers, etc., 6161%b. GENERAL INDEX GLACIER NATIONAL PARK Acquisition of private holdings in, change of timber for, 5248aa. Exchange of timber for, lands acquir- ed part of Park, 5248aaa. Removal of timber, 5248aaaa. Valuations, 5248aaa. Boundaries, 5247. - - Cession of jurisdiction by State of Mon- ºtana, acceptance, 5248a. Notice to governor, 5248l. Claims and rights under existing laws not affected, 5247. - Control, 5248. Donation of way, 5248rn Establishment, 5247. . Fish and game, protection, 5248. Fishing, regulation, 52480i. right to take, eX- patented lands or right of Fugitives from justice, 5248a. G; forfeiture of guns, 8e. - Hunting prohibited, 52480i. Indemnity selections to railroads, 5247. Judicial district of Montana, part of, 5248b. : • . Lease for buildings, 5248. Offenses, hunting, possession of prima facie evidence, 52480i. Illegal fishing, 52480i. Punishment in accordance with State law, 5248c. traps, etc., game as violation of regulations of Secretary of Interior, 52480i. - Proceeds of lease and other revenues, ex- | penditure, 5249. Railroad rights of way, 5247. Reclamation projects, 5247. Regulations, 5248, Roads, trails, etc., 5249. - Rules and regulations for care, etc., of park, 52480i. - Sale and removal of dead or down tim- ber, 5.248. - . - Sale of land to Glacier National Park Hotel Company, 52.48n. - State process may be served Within, 5248a. State tax on property in, 5248a. Trespassers, removal, 5247 . United States Commissioner, appointment, powers, appeal, 5248f. Fees, costs and expenses, disposition of, 5248i-5248k. - Process, 5248h. Process of arrest, bail, 5248g. Residence, 52.48i. Salary, 5248i. - GLACIER, NATIONAL PARK ACT See Glacier National Park. . . Text of act, 5248a–5248l. - GLASSWARE Customs duties on, 5291083–96). GLOVES Customs duties on, 52910361-365). GLYNOIN OHL Packing and marking for shipment, 8017. Shipment on vessel for vehicle prohibited, 8016. State regulation of traffic in, not affected, 8018. , - - GOATS . See Animals and Animal Industry. Inspection, transportation, etc., 8681-8715. GOLD See Mints. Banks, conversion into currency bank, 9 & . Notes of currency banks, not required to take at par, 9.757. Organization to issue notes in, 9724. Redemption of notes, 97.26, 9756. Removal of limitation on circulation, 97.25. - Reserves, 9726. - Bonds, circulation privileges, exchange for gold notes without circulation privileges on application of Federal reserve bank, 980006, 7). Issue under Federal Reserve Act, 9800 7 payable Certificates, deposit by federal reserve banks, 9799 (14). . - - Imitating or printing advertisement thereon, 10347. “Obligation or other security of the United States,” includes, 10317. Payment in silver, not, 6453. Redemption of, 477. Customs duties on, 52910148, 150, 167). Branch office for State, . . [Page 213S1 GOLD (Cont'd) Falsely stamping gold or goods manufac- tured therefrom, 8802-88.11. “Article of merchandise” defined, 8810. Articles transported ject, to laws of state, 8811. Forfeiture of gold or goods bearing false stamps, etc., 8804. Indicating fineness or quality pro- hibited, 8805. Jurisdiction of prosecutions, 8809. Penalties, 8803, 8809. Plated articles, 8808. - Prohibition of stamp indicating gov- ernment certificate of fineness or Quality, 8802. . Standard of fineness, 8806. - Pºtion from marked fineness, Tests, 8806. Use of words “Sterling” or “Coin” on articles prohibited, 8808. Federal reserve banks, deposit in United States Treasury, 9799(14). Powers of, 9797 (2a). - Medals for saving life, 8546. Notes, exchange of for gold bonds on ap- plication of Federal reserve bank, 980008). - . Retirement, 9803. Reserves, against Federal reserve notes, tax on deficiency to be fixed by Fed- eral Reserve Board, 9794(c). Borrowing on security of United States bonds or gold notes for pur- pose of strengthening, 9803. Federal reserve banks against depos- its and reserve notes, 9799(3). Supplement by application of net earnings from Federal reserve banks, 9791(2). GOLD COIN See Lawful Money : Legal Tender; Miºts. - - Regulation, etc., of transactions in, 31.15% c. - Reports by collectors of customs of in cargoes intended for export, 31.15%gg. United States bonds payable in, 6829ii, Appendix p. 1782. GOLF BALLS AND CLUBS Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain cases, 6348b. - When held and intended for sale, .630.9% c. GOOD BEHAVIOR, Power to hold to security for, 1247. GOOD CONDUCT Deductions from term of imprisonment for, 10529-10534, 10559. GOODS - See Merchandise. GOVERNMENT See United States. - Alien enemies, 31.15%aa. . GOVERNMENT HOSPITAL FOR IN SANIE See Insane Persons. 4. General provisions, 9292–9339. * GOVERNMENT PRINTING OFFICE See Public Printer ; Public Printing and Binding. Acquisition of site for, 6913, 6914. Apprentices, employment of, 7015. Appropriations for, restriction upon use of certain appropriations, 7167. Attorney-General’s opinions to be print- ed in, 559. - Blanks and letter heads for judges and court officials to be furnished at, 7178. Branches not to be established unless specifically authorized by law, 7159a. department abolished, 6987a. Buildings occupied by, public printer to have supervision of, 6974. Cashier, salary, 6983. Chief inspector, salary, 6983. Clerks, salaries, 7013. Condemnation of presses, machinery and materials, 6975. Copyrighting of reproductions of govern- ment publications from duplicate plates sold to individuals prohibited, 7020. Copyrights not to be taken out on gov- ernment publications, 7020. Department printing offices to be part of, 6987. - Disposal of books in library, 7005. into State sub- War and Navy [References are to sections, except where otherwise indicated.] GOVERNMENT PRINTING OFFICE (Cont'd) - - Distribution of public documents to be done at, 7171. - Docuºs allotted to, Official Register, Pamphlet copies of statutes, 7071. Statutes at Large, 7072 -- . . Employés, apprentices, 7015. Cashier, 6983. - Chief inspector, 6983. Clerks, salaries, 7013. . Detail to departments, restriction to Work of public printing and bind- ing, 7016. - Enforcement of eight hour law, 7012. Foreman of binding, 6983. . Compensation, 7008. Foreman of press work, 6983. Foreman of printing, 6983, 7007. Holidays, 7010. Laborers, 7014. Leaves of absence, 7017, 70.18. Limitation on number of, 7014. Limit of wages, 6998. Messenger, 6983. - Officers and assistants not to be in- terested in contracts, 6990. Paying teller, 6983. Paymaster, 6983. . . - Pay of employés receiving annual salaries during, 7018. , - Pºte Secretary to public printer, Proof readers, 7014. Purchasing agent, 6983. Salaries, 6983, 6998-7001, 7013. 7000a, Appendix p. 1784. Skilled workmen, 7009. sºgºntendent of documents’ office, Superintendent of suppplies, 6983. Telephone operators, 6983. Watchmen, 6983. Enforcement of eight hour law, 7012. Estimates for, additional clerks and em- ployés, 6983. + . Expenses, 6981. Printing and binding, 6674. Examining board, examination of paper, condemnation of machinery, etc., 6975. Fº and style of work for departments, Limitation of branches in executive de- partment buildings, 7159a. Expenditures for services, 6983. Lithographing, etc., for Patent Office, may be done at, 7094. Maps, bulletins, etc., for Weather Bu- reall, 845a. . Messenger, salary, 6983. Montana, notice of acceptance of cession of Glacier National Park, 4248l. Night work, 7011. Officers, list of, for official register, 7006. Pamphlet edition of session laws to be Stereotyped and printed at, 7115. Paying teller, 6983. Paymaster, Salary, 6983. | Pay of printers, etc., by hour, 7000. Postmaster-General’s reports to be print- ed at, 604. 3. - - Printers, wages, 6998–7000. - Printing, binding, etc., for Congress an departments to be done at, 7159. Printing for Quartermaster’s department to be dome at, 6856. IPurchase of materials and machinery for, 6972. . Press supplies without advertising, 6996. : Purchasing agent, salary, 6983. Report concerning, to Congress, 6977. Report of Public Printer, copies retained for use of, 7091. - Revised Statutes and Supplements, to be printed at, ...T070. Salaries, clerks, 6983, 7013. Officers, 6983. Sale of duplicate plates, 7020. Sale or exchange of condemned machin- ery, etc., 6975. Stenographer, salary, 6983. Supplement to Revised Statutes, Stereotyped at, 7108, 7.109, 7113. Supplies of to be used in department printing offices, 6987. Telephone operators, 6983. Wages, 6998-7000. - Weather Bureau, printing of maps, bul- letins, etc., 845a. to be salaries, 3. GENERAL INDEX [References are to sections, except GOVERNOR-GENERAL Philippine Islands, distribution of copies of congressional record, etc., to, 7047. Military academy, appointment of ca- dets from, 2234a. - GOVERNORS Alaska, see Alaska. Hawaii, see Hawaii. Panama, Caºval and Carlal Zone, see Canal Zoºve ; Paſº a ma, Caºval. Philippines, see Philippines. Porto Rico, see Porto Rico. Territorial, see Territories. TVirgin Islands, see Virgin Islands. Federal Reserve Board, 97.93(2). Income on corporations, inspection of Federal returns, 6336m [b]. Militia, accounting for property of United States, 3061a. - Appointment of 3064a. Approval of sentences of dismissal, 3049f. - disbursing officer, General courts martial may be Con- vened by, 3049b. Naval militia, accounting for property of United States, 3078a (14). Application for detail of officers or enlisted men, 3078a.(23). Appointment of disbursing officers, 3078a (16). - Calling into service of United States through, 3078a.(32). Excusing units from military ex- ercise, 3078a (20). Loan of vessels, 3078a (13). Request for detail of instructors, 3078a (22). - - - Request for participation in cruis- es, maneuvers, etc., in regular navy, 3078a (21). - Requisition for allotment from appropriation, 3078a.(28). . . Selection of officers or enlisted men for attendance at military schools, 3078a.(27). . . . Recommendations of officers for mili- tary schools, 3068. - - Requisition for field artillery materi- stores, etc., to, al, 3062. - National Home for Disabled Volunteer Soldiers, qualifications appointment, and removal, 9245, 9246. §tates, application for Survey of lands granted to certain States, 4876. Assent to appropriations for agricul- tural experiment stations, 8892. Assent to grants of moneys to agri- cultural experiment stations, 8888. Census records furnished to, 920. Disrespectful language towards soldiers, 2308a, art. 62. Documents allotted to, Congressional Record, 7090. - Domestic violence, applying to United sº for protection (Const. art. 4, by § - Extradition proceedings, request for (Const. art. 4, § 2, cl. 2). Notice to, of completion of tentative valuation of physical property of common carriers, 8591. . Reports to by agricultural experiment. stations, 8881, 8893. Representation in congress, filling Val- cancies (Const. art. 1, § 2, cl. 4). Rºtion for fugitives from justice, 126 Rurai post roads, 7477c-7477e. Senate, temporary appointments (Const. am. 17). Senators, temporary appointment by (Const. art. 1, § 3, cl 2). Summary courts martial for naval militia may be convened by, 3078a (41). - Territorial, see Territories. - GRAB IFONS - Equipment of cars in Interstate Com- merce, 8608, 8610-8613, 86.18. GRADE See Rank. GRAIN - Certificates of inspection, 8743. Customs duties, quantity ascertained by weight, 5615. - - Pºnations of, and reports on samples, **). Importation of grain adulterated or unfit for seeding prohibited, 8744. - Violations [Page 21391 GRAIN (Cont'd) Imported, bonded warehouse for, 5642. Shipments in bond, 8744. Weight fixed for import, 52910188, 192, 209), 5615. - GRAIN INSPECTION ACT See Grain. Text of act, 87.47%-8747%k. GRAIN STANDARDS Appeal, deposit of fees, 8747%.e. Findings of Secretary of Agriculture, effect, 87.47%.e. From inspection, 87.47%.c. Time for "taking, 87.47%.e. Appropriation, 87.47%k. Association, acts of agents, etc., charge- able to, 87.47%. Corporations, acts of agents, etc., charge- able to, 87.47%. - Employés, appropriation for, 87.47%ks Establishment, 87.47% c. Examinations, grain previously graded, 8747%d. Findings of Secretary of Agriculture, ef- fect, 87.47%.e. Examination of grain previously grad- ed., 87.47%d. Publication, examination of previous- ly graded grain, 87.47%d. Hearing, license, suspension or revocation of, necessity, 87.47%f. Inspection, 8747%.c. Appeals from, 87.47%c, 87.47%.e. Grain previously graded, 87.47%d. Place of, 87.47%g. Reference to other than official grades in contracts of sale, etc., prohibited, 8747% c. Regulations, 87.47% c. Inspectors, bribery, 87.47%h. False certificate of grading, issuance, penalty, 87.47%h. False grading, penalty, 87.47%h. Grading without a license prohibited, 8747%f. License, issuance to, 87.47%f. Qualifications, 87.47%f. Records to be kept by, 87.47%f. Reports to Secretary of Agriculture, . 8747%f. Revočation of license, 8747%f. State grain inspection department, li- censes issued to, 8747%f. Suspension of ficense. 8747%f. º Investigation regarding handling, grading and transportation, 87.47%a. . License to inspect grains, etc., issuance, 8747%f. - Revocation, 87.47%f. Suspension, 87.47%f. Temporary suspension, 87.47%f. Notice, alteration of standards, 87.47%a. Offenses and penalties, assaulting employé discharging duty under act, 87.47%i. Bribery, 87.47%h. False certificate of grading, 8747%h. False grading, 87.47%h. Grading without license, 87.47%f. Improper inspection, 87.47%h. Shipping ungraded grain, 87.47%g. Partial invalidity of act, effect, 87.47%j. Partnership, acts of agents, etc., charge- able to, 87.47%. Penalties, 8747%h, 87.47%i. Assaulting officer, etc., in performance of duties, 8747%i. Violations of act, 8747%h. Publication, summary of certain facts, etc., 87.47%f. - Reguíations, inspection, 87.47%.C. Power to make, 87.47%g. Secretary of Agriculture, 87.47%g. Rent, appropriation for, 8747%k. Representations regarding grades, prohi- bition, 87.47%d. Secretary of Agriculture, duties, powers, etc., 87.47%-8747%k. Shipment in interstate commerce, condi- tions, 87.47%.c. Shipment, ště. etc., by sample or type permitted, 87.47%.c. - Standards, alteration, 8747%a. Alteration, notice, 87.47%a. Designation, 87.47%b. Establishment, 87.47%a. Title of act, 87.47%. of act, penalties, 87.47%h, 87.47%i. GRAIN. STANDARDS ACT See Grain. Text of act, 87.47%-8747%k. where otherwise indicated.] GRAND CANYON NATIONAL FOREST Areas set aside as breeding places for game animals, 5159. GRANDCHILDREN Compensation to on death of employé of United States, 8932ee. * . GRAND JURY See Indictment ; also, Jury. Attempting to influence jurors, 10305. By writing, 10307. Attendants, appointment, 1338. Capital offenses, necessity of indictment (Const. am. 5). Conspiracy to intimidate, 3933(2), 10306. Discharge, 1262. - Disqualification, race or color not to be, 1255, 3929. District of Columbia, presiding against witnesses refusing to testify before Con- gress, 159. Fees, 1457, 1458. Fees of marshal for summoning, 1386. Foreman, 1260. Indictment, number of jurors concurring in finding, 1685. Infamous crimes, necessity of indictment (Const. am. 5). Jurors, how drawn, 1253. Mileage, 1457. 1259. Number of jurors, - to Alºuality. 1255, 3929. Jury Commºnissioners ; Race or color not Summoned when, 1261. - Witnesses, attachment in prosecution for bigamy, etc.,, 1493. - On behalf of United States, subpoenas, 1488. - - Husband or wife in prosecution for bigamy, etc., 1466 - GRAND PARENTS Compensation to on death of employé of . United States, 8932ee. - ! GRAND RIVER Mºuri, nonnavigable above Brunswick, 49. - GRANTS See Laºld Grants. GRAPE BRANDY See Distilled Spirits and Wines. GRAPE JUICE See Fermented Liquors. Internal revenue tax on, amount, 6161%a. Returns of manufacturers, etc., 6161%b. Vendee or lessee in certain cases, 6348b. . . " GRAPHOPHONES Internal reyenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain ca.SeS, 6348b. When held and 630934c. GRASS See Seeds. Importation of seeds guiterated or unfit intended for sale, for seeding, 8744–87 Tests of seeds, 8741. GRATUITIES See Gifts. P. examiner prohibited from accepting, - Discharged prisoners, 10557. Fººted men of navy or marine corps, Naval flying corps, 2952%s. Naval officers or men dying in aviation accident, 2870b. . Naval reserve force, fleet naval reserve, not to lose when commissioned as boatswain, 2900%b (8). Retirement, 2900%a(15). Uniforms, 29.00%a (21, 22). Naval service, re-enlistment, 2861, 2862. Paroled prisoner, 10542. Seamen promoted for heroism, 2559. GRAVE STONES 'See, also, Head Stones. Nºnº Cemeteries, penalty for defacing, etC., GRAZING LANDS Allotment to Indians in severalty, 4195. Nººnal forests, allotment to Indians, GREAT BRITAIN Agºssador and secretary to, 117. Gold coins of, may be received in pay- ment for public lands, 4775. death of members, salaries, | Sovereign or pound sterling, value, 6537. GENERAL INDEx IPage 2140] [References are to sections, except where otherwise indicated.] GREAT DISTRICTS Establishment. 8100. GREAT LAKES See Lake Erie; Lake Michigan; Lake Superior. - Collision rules, see Collision. Alien enemies not to be on, 7615. Charts of, sales to navigators, 328. Lighthouse districts, 8434. Offenses on vessels navigating, 10445– 10462. Persons who may be carried on steamers on, in addition to crew, 8235. - Pier-heads belong to United States to be marked by Light-House Board, 8453. Retaliatory suspension of free #ºugh St. Mary’s Falls canal, 7832 Revenue cutters to aid Vessels in dis- tress, 8459%b (48). - Rules for preventing collisions on, 7910– 7941. Shipping articles for seamen on lake-go- ing vessels, 8303. Tonnage duties on vessels navigating reg- ularly, 7816. * Vessels on, subject to navigation laws, rules, and regulations, 8153. Wireless apparatus on vessels on, 8262- GREEN RIVER, Rentucky, water power leases, etc., 9987. GUAM “ - Acknowledgment of deeds, validity in ter- ritories and District of Columbia, 3261. Army, service, computation for retire- ment, 2087. - - - - - Civilian employees of navy, pay, 2797. Department of agriculture, employés, leave of absence, 807 a. Imports into, United States tariff not applicable, 5291. List of alien passengers, 4289%g. Philippine Act not applicable to, 3905. Trade with United States, clearance and entry of vessels, provisions for foreign trade applicable, 3523. Transportation of merchandise by army transport service, 1978. GUANO ISLANDS Abandonment of claim, 3924. Punishment under United States laws, Discovery, by citizen, claim of United States, 3916. Notice of, 3917, 3918. Right of discoverer, 3919. Protection, 3923. g Exportation, restriction, 3920. Offenses on, 10445. fºr Shipment of guano regulated by coasting trade laws, 3921. GUARANTORS * Bankruptcy of principal not to affect lia- bility, 9600. GUARANTY Bids for naval supplies, 6863. Certified check in lieu of, 6864. Contracts under War Department, 6843. Recovery Of difference between amounts specified by bidder and amount contracted with another, 6843. Food and drugs, 8725. Insecticides and fungicides, 8773. Manufacture of Climax baskets OT COn- tainers for small fruits and vegetables, defense by dealers, 8907d. Frotection of guarantors under act for sol- diers’ and sailors’ civil relief, 30.78%b. Republican form of government to states, (Const. art. 4, § 4). GUARDIANS Ad litem, condemnation proceedings in District of Columbia, 6914. Appointment, minor heir of deceased In- dian allottee in severalty, 4223. Children of Soldiers, etc., under home- stead law to be accredited by Interior Department, 4602. Consent to minor’s enlistment in navy, 0. Enlistment without consent, punish- ment, 2979. Consular officer as, bond, 3165. Income tax, deductions, 6336gſa]. Exemptions, 6336g. - 6336hTC Returns by, [c]. individual liability, National bank stock, tolls 7831, GUARDIANS (Cont'd) Payment to, for horses lost by minors in military service, 6399. , Under war risk insurance 514mm mm. - - Pension to be paid to, 8979, 8990, 9096. . . Joint pensioners having different, 8991. Sale of homestead for children, 4543. GlüAIRDS . . Allowance of expenses of, to deputy mar- Shals, 1422. To marshals, 1424. Transportation of prisoners, 10547. United States disciplinary barracks guards, extra duty, pay, 2161a. Waters frequented by fur seals, 8846. GUATEMALA Minister to, 3128. GUIDE POSTS Hot - Springs Reservation, injuries, pen- alty, 5263. - * Nººnal military parks, destruction, etc., GUILE OF MEXICO - Improvement of harbors. On, 28.136. Rivers flowing into, regulations as to thickness of boiler plates, etc., used on steam boats, 8197. - Submarine and aviation bases, 2804d. G&JN BOATS - Pension to dependent relatives of persons killed, etc., on, 8997. Persons serving on, when to have pen- Sion, 8934. - * , - Rate of total—disability pension to, 8944. GUN CAPTAINS - Additional pay, 28.16a. GüN COMMANDERS Additional pay, 2146. Army pay, 2146. Coast artillery, 1731a. - Field artillery, 1737, 2144, 2144a. GUNNERS See Chief Gwn?vers ; Additional pay, 2146. Army, pay, 2144, 2146. Duties as keeper of magazine, 2569. Fleet naval reserve, commissions as, 2900%b(8). - Marine corps, increased compensation on foreign shore service, 2929b. Navy, appointment, 2554. Chief, promotion, pay, 2708a. Number, 2554. * - Pay, 2708, 2816. Promotion, 2708–2712. Temporary appointments, 2554b. Warrant cfficers, 2555. GUNNERY SERGEANTS Marine Corps, 2908, 2910, 2918. Increase in number, 29.18a–2918C. Pay, 2930. Rank, 2930. GUN POINTERS Additional pay, 2146, 2816a. Army, pay, 6. - Coast artillery, 1731a. Field artillery, 1737, 2144, 2144a. GRUNPOWDER, See Ea:plosives. Imported, storage, 5646. Passenger vessels, prohibited from carry- ing, 8005, 8016. - Penalty for shipping, without notice, 8026. Purchases of for Navy, not subject to provisions as to advertising, etc., 6869. Regulation of manufacture, etc., when United States at war, 31.15%a-31.15%kk. Sale of, when deposited in bonded ware- house, 5661. - Steam vessels, carrying except on special license prohibited, 8242. License to carry, 8183. Penalties, 8.185. Record of, 8219. Mode of packing, for shipment on, penalties, 8245–8246. GUNS See Ordnance. Sales of, 6941aa, Appendix p. 1784. GUN STEEL Purchases for navy, 6867. GYMINASHUM Military academy, custodian, 2220. HABEAS CORPUS General provisions, 1279–1293. Master Gº????, erS. Allowance and direction of writ, 1283. act, HABEAS CORPUS (Cont'd) Appeals, how taken, 1291. To Supreme court, 1293. . Certificate of probable cost, 1293. Time for taking, 1292. : Application for writ, how made, 1282. Verification, 1282. - Body of party to be produced, 1286. Cases involving law of nations, 1290. Chinese denied landing, bail not allowed, Day for hearing, 1287. Disposition of party, 1289. Notice to attorney general, 1290. Philippines, suspension, 38.10. Porto Rico, 3791, 3803u. - Power of courts to grant writ, 1279, 1280. Prisoners in jail, 1281. - - Proceedings in state court pending habeas Corpus proceedings or appeal void, 1292. Removal of causes, 1015. Return, amendment, 1288. Counter allegations, 1288. Denial of, 1288. Verification, 1288. Form of, 1285. . - Petitioner in actual custody, 1014. Time of, 1284. Summary hearing, 1289. Suspension (Const. art. 1, § 9, cl. 2). By governor of Hawaii, 3708. In Porto Rico, 3803aa, 3803ddd. Writs of, power to issue, 1279, 1280. HABEAS CORPUS ACT See Habeas Corpus. Civil War, 1013, 1014, 1018. HABITUAL DRUNKARDS Exclusion from United States, 4289%b. HIAGUE Court of arbitration, international bureau of, 7684. - - HAITI Details of officers and enlisted men of navy and marine corps to service with, 28.13a–28130. HALF PAY See Pensions. Disabled sailors and marines, in lieu of hospital benefits, 9088. . HALF-PAY PENSIONS See Pennsions. HALLMARK ACT Text of act, 8802-88.11. HALLMARKING Falsely stamped gold or silver or goods manufactured therefrom, 8802-88.11. HAMBURG AMERICAN FLINE TERMII- NAL AND NAVIGATION COMPANY Acquisition of docks, etc., of, 3115.jj. HANDHOLDS Equipment of cars in interstate com- merce, 8608, 8610-8613, 86.18. - HANDWRITING Comparison, 1471. HARBORING . . . . . . Aliens not duly admitted, 4289%dd. Persons violating espionage act, 10212e. IHARBORS - See Rivers and Harbors. Collision rules, see Collision. Hawaii, see Hawaii. . Porto Rico, see Porto Rico. HARD HABOR. * Disciplinary barracks, decrease for good behavior, 2458a (5). Offenders, 2458a (5). - Regulations, 2458a.(5). Effect of omitting words from, courts- martial sentence, 2308a, art. 37. Specific punishments, 10512. HARMLESS ERROR, Defects of form in general, 1591. HARRHS4ON ACT - See Opium ; Territories. Anti-Narcotic Act, 6287g-6287q. Restrictions on Territories, 3478, 3479, 3481–3483, 3486, 3487. . HARTER, ACT See Limitation of Liability of Ship- O'LU71,67°S. § Carriage of goods by sea, 8029–8035. HATCH ACT See Agricultural Easperiment Stations. Agricultural Experiment Stations, 8878, 8879, 8881-8887, 8889. HATCHWAYS • Vessels carrying steerage passengers, 800. GENERAL INDEX Appropriations, HAWAIII - Actions existing at annexation, 3652. Agricultural lands, 3714. Agricultural Laws continued, 3715. Aliens not to acquire public lands, 3714. current expenses, effect of failure to make, 3696. Estimates for, 3695. Legislature to make, 3694. Schools, private, not to receive, 3697 Arrest, electors, privilege from, 3699 Attorney-general, appointed by governof With consent of senate, 3721. Condemnation of fishing rights, 3732. Powers and duties, 3712. Auditor, deputy, appointed by governor With consent of Senate, 3721. Deputy, powers and duties, 3718. Powers and duties, 3718. Bills of lading, Order bills of interstate carriers, may be issued in parts Or sets 8604bb, 86046. - Board of health, members appointed by governor with consent of senate, 3721. Board of public lands, 3714. Board of registration, members appointed by governor with consent of senate, 3721. Brands, powers of superintendent of pub- lic works relating to, 3716. Buildings, powers of superintendent of public works relating to, 3716. Cemeteries, powers of superintendent of public works relating to, 3716. Census, 4385. Special agents may be appointed in lieu of supervisors, 4393. Certificate of residence for Chinese in, not entitled to enter other parts of the TJnited States, 4336. Certiorari from supreme court of United States to supreme court, 1223. Churches, sites, 3714. Circuit courts, judges, appointment, 3721. Judges, disqualification, 3725. Salaries, 3730. Not to be diminished during term, 3721. - • * Witness before grand jury, subpoenaed by, 3724. Cities, 3698. - Title to territorial property transfer- red to, 3729. Citizenship, 3647. Civilian employees of navy, pay, 2797. Civil laws defined, 3644. Coins of republic, dues of government payable in, 3740. Fºnged for tinited States coins, 742. - Legal tender until 1904, 3744. Mutilated or abraded coins, re-coin- age, 3743. Re-coinage, 3741. Cººtion district for internal revenue, 8 • Collector-general, powers and duties of, transfer to superintendent of public works, 3716. Collectors of internal revenue, 5845. Commissioner of public lands, 3714. Appointed by governor with consent Of Senate, 3721. Commissioners of public instruction, ap- pointed by governor with consent of Senate, 3721. commºon of agriculture and forestry, 15. - Appointed by governor With consent of senate, 3721. Condemnation of property, 3697. Powers of superintendent of public works relating to, 3716. Right of way for irrigation, 3697. contrº, for personal service, invalidity, Specific performance not to be en- forced, 3652. corpºons. general not private law, Limitation on rights to own land, 3697. Purposes, 3697. - Stock not subscribed for by municipal corporations and subdivisions, 3697. Counties, 3698. - Title to territorial property transfer- red to, 3729. Courts, 3722–3725. Disqualification of judges, 3725. Grand juries, 3724. Judges, appointment, 3721. [Reference IPage 21411 s are to sections, except where otherwise HAWAII (Cont'd) Courts (Cont'd) Juries, 3724. - Style of process, 3653. Criminal prosecutions pending at annex- ation continued, 3652. Crown land freed from trusts, 3735. | Debt, United States to assume, 3738. Delegate to Congress, election, , qualifica- tion, powers, 3726. Department of agriculture, employés, leave of absence, 807a. - District courts, jurisdiction of actions under copyright laws, 9547, 9555. Supreme Court reports for, 1203. District judges, residence, 1236. - Traveling expenses, etc., 1236. Divorce, 3697. Elections, 3656. Districts, 3706. Electors, exempt from military duties on election day, 3700. - Qualifications, 3702, 3704, 3704d. Eligible persons, 3660. - Military or naval officers or men not qualified, 3705. - Precincts, 3706. - Privilege of electors, 3699. Representatives, 3701. - Senators, method of voting, 3703. Women’s suffrage, 3704a–3704d. Electric light and power, powers of su- perintendent of public works relating to, 3716. - Enlisted men, ment, 2087. - Estimates, governor to submit, 3695, Exclusion of Chinese prohibited, 4335. Explosives, powers of superintendent of public works relating to, 3716. Fences, powers of superintendent of pub- lic works relating to, 3716. Fifth great district, 8100. - Fires, powers of superintendent of public works relating to, -º- ºr e - Fisheries, free to all citizens, 3731. Private rights, establishment and con- demnation, 3732. Forestry Laws continued, 3715. Forests, 3714. - Franking privileges extended to, 7381. Funds from disposal of lands, 3714. Governor, appointments by, 3721. - Appointment, 3707. - - Bills signed by, 3690. Commander in chief, of militia, 3707. computation for retire- term, qualifications, Estimates for appropriation submitted by, 3695. - Expense allowances, 3730. Tailure to sign or veto bills, 3693. Laws executed by, 3708. Legislative session extended by, 3685. Pºns and reprieves granted by, Powers and duties of president of re- public, etc., transferred to, 3709. Public property, title transferred to TJnited States by, 3729. Salary, 3730. w Secretary acting as, 3711. Special election for delegate in Con- gress, 3726. - Special election ordered by, 3656. Special session of legislature called by, 3685. To make appropriations for cur- - rent expenses, 3696. Veto, passage of bills, over veto, 3692. Veto power, 3691. Grand juries, 3724. Hºº corpus, Suspended by governor, Harbor improvements, powers of superin- #ent of public works relating to, High sheriff, appointed by governor with consent of senate, 3721. - Deputies, 3720. Powers and duties, 3720. Homestead, 3714. Honolulu, seat of government, 3646. House of Representatives, adjournment by less than quorum, 3665. Adjournment only by consent of sen- ate, 3684, - Apportionment of representatives, 3681, 3697, 3706. Ayes and noes, 3663, 3688. Contempt, pon-members, 3667. Members, apportionment of, 3697. Compensation, 3668. indicated.] HAWAII (Cont'd) * . House of Representatives (Cont'd) Members (Cont'd) - Election, method of, 3701. Qualifications of electors, 3702. Exempt from arrest, 3670. Number of, 3677 Privilege, 3670. Punishment for neglect of duty. Qualification, 3682. Suspension and expulsion, 3669. Term, 3677, 3678. Vacancies filled by election, 3679. Officers and rules, 3662. Pºse of bills, vote required, 3664, Quorum, 3664. *- Ascertaining presence of, 3666. Representative districts, 3680. fºration, contract laborers prohibited, Imprisonment for debt prohibited, 3652. Indebtedness, 3697. - Industrial establishment, sites for, 3714. Intoxicating liquors, prohibition, 3746a. Prohibition, repeal of act, petition, 746a. Repeal of act, petition, contents, 3746b. Regulations, 3697. - Irºtion. condemnation of rights of way, Isiands annexed designated as territory of Hawaii, 3645. - - Judicial power, 3722-3725. Juries, 3724. Disqualification of jurors, 3725. Labor statistics, 3717. - - Lands, limitation on rights of corporation to own, 3697. - Laws, enacting clause, 3686. English language to be used, 3686. Governor’s signature, 3690. Laws of Hawaii defined, 3644. Pºse of bills, readings and vote, Of Republic continued in force, 3649. Subject and title, 3687. Titles of offices amended, 3651. Leases of land, 3714. Legislative power, 3697. - Legislature, adjournment by less than quorum, 3665. Adjournment only by consent of both houses, 3684. - Agºatment and removal of officers, 721. - Apportionment of members, 3697, 3706. Appropriations made by, 3694. Effect of failure to make for cur- rent expenses, 3696. Ayes and noes, 3663, 3688. Ballot for delegate prescribed by, 3726. Contempt, non-members, 3667. Cºles, towns and cities, created by, 3698. Courts established by, 3722. - Disqualifications of judges and jurors prescribed by, 3725. Election district, boundaries establish- ed by, 3706. - Election laws may be amended by, 3726. . Enacting clause, 3686. English language to be used, 3686. Estimates for appropriations submitted to, 3695 - House of Representatives, 3677-3682. Judge of elections returns, and qual- ifications of members, 3657. Jurisdiction and procedure of courts, fixed by, 3722. Legislative power, 3697. - Members, compensation, 3668. Disqualified from holding office, To be elected, 3655. - Exempt from arrest, 3670. Oath, 3661. Officers of United States, disquali- fied, 3659. Privilege, 3670. Punishment for neglect of duty, Suspension, and expulsion, 3669, Officers and rules, 3662. Officers’ salaries fixed by, 3721. Passage of bills, certification by one house to the other, 3689. - Governor’s failure to sign or veto, Governor’s signature, 3690. Readings, 3688. Vetoed bills, 3692. GENERAL INDEX HAWAII (Cont'd) Legislature (Cont'd) Passage of bills (Cont'd) Vote required, 3664, 3688. Quorum, 3664. Ascertaining presence of, 3666. Senate, 3672–3676. Sessions, date for regular, 3683. IDuration, 3685. Special, 3685. - Subject and title of laws, 3687. Two houses, 3654. Veto, 3691. Leprosy hospital and laboratory, 9183- | 91.88. List of alien passengers to be delivered to immigration officer, 4289%g, 4289%i. Lotteries prohibited, 3697. Mail agents on steamers, 7545. Martial law, 3708. ge Minister of finance, powers and duties of, transfer to superintendent of public | works, 3716. * Minister of the interior, powers and duties of transfer to superintendent of public works, 3716. - & Municipal corporations, created by legis- - lature, 3698. - Indebtedness, 3697. Officers, 3698. Subscriptions for corporate stock pro- hibited, 3697. National defense Act to apply to, 30446. Oath, legislators and officers, 3661. • - Öffenses’ committed prior to annexation, prosecution, 3652. * * Officers, appointment and removal provid- ed by law, 3721. To be citizens, 3721. Eligible persons, 3660. Legislators, not to be, 3658. Oath, 3661. $ Remóval by governor With consent of senate, 3721. . Of Republic, abolished, 3650. Senate and House of frepresentatives, 3662. 3721 Term, . $º Titles in laws amended, 3651. * Opium, registration and tax, act applica- o. 6287h. & pººl power of superintendent of public works relating to, 3716. & & Pearl Harbor, regulations for navigation, movement and anchorage of vessels, 9959. - Penal laws defined, 3644. & Personal property, disposal of, by terri- tory, 3737. * Of §§§ ceded to United States, 3737. - - Pilots, power of superintendent of pub- lic works relating to, 3716. Political subdivisions, indebtedness, 3697. Subscriptions for corporate stock pro- hibited, 3697. Postal savings bank abolished, 3739. Prison inspectors, appointed by governor with consent of senate, 3721. - - Prosecutions, 3653. - Public buildings, indebtedness for, 3697. Public lands, 3714. . Aliens not to acquire, 3714. Dnited States land laws not extended to, 3736. Public property, controlled by territorial government. 3729 Public works, powers of superintendent of public works relating to, 3716. Qualifications of officers, representatives, 3682 682. Senators, 3676. Quarantine, 3733. Railways, powers of superintendent of public works, relating to, 3716. Rights of way, etc., 3714. Religious corporations, sites, 3714. Removal of officers, 3721. Residence in, equivalent to residents in United States for purpose of naturaliza- tion, 4361. Residences, lands for, 3714. Rights of way, 3714 * Condemnation for irrigation, 3697. Salaries of officers, 3721, 3730. Schools, private, not to receive appropria- tions, 3697. -- Seat of government, 3646. Secretary, acting governor, 37.11. Appºintment. term, powers and duties, Saiary, 3730. - Senate, adjournment by less than quorum, [Reference IPage 21421 HAWAII (Cont'd) Senate (Cont'd) Adjournment only by consent of House of Representatives, 3684 Apportionment of members, 3697. Apportionment of members among election districts, 3706. Apportionment of senators, 3675. Ayes and noes, 3663, 3688. Contempt, non-members, 3667. Districts, 3674. Elections of senators, 3703. Officers and rules, 3662. Passage of bills, vote required, 3664, Qualification of electors, 3704. Quorum, 3664. - . Ascertaining presence of, 3666. Senators, compensation, Exempt from arrest, 3670. Number, 3672. Privilege, 3670. Punishment for neglect of duty, 3669. Qualifications, 3676. Suspension and expulsion, 3669. Term, 3672. Vacancies, 3673. Session Laws defined, 3644. Silver certificates, redemption, 3745. United States not to redeem, 3746. Special election, ordered by governor, Streets and highways, powers of superin- | tendent of public works relating to, 3716. Superintendent of public instruction, ap- pointed by governor with consent of senate, 3721. Powers and duties, 3717. Superintendent of public works, appointed º, sovernor with consent of Senate, 721. - Powers and duties, 3715. Supreme court, appeal or writ of error to circuit court of appeals, 1126a. Justices, appointment, 3721, 3723. Disqualification, 3725. Qualification, 3723. Rules for presentation of cases to grand juries prescribed by, 3724. Salaries, 3730. +. Not to be diminished during term, 1. Survey of public lands, 3714. Surveyors, 3714. Appointed by governor with consent of Senate, 3721 Powers and duties, 3719. Telephones, powers of Superintendent of public works relating to, 3716. Territorial act, definition of terms, 3644. Territorial government established, 3646. Towns, 3698. - Trade with United States, clearance and entry of vessels, provisions for for- eign trade applicable, 3523. Declared coasting trade, 3734. Transportation of government employés by army transport service, 1976. . Treasurer, appointed by governor with consent of senate, 3721. Current expenses paid without appro- priations, 3696. Powers and duties, 3713. TJnited States Commissioner of Labor Sta- tistics to report conditions of labor in, United States constitution and laws ap- plicable, 3648. United States district attorney, salary, 3730. United States district court, 3727. Appeals from, to circuit courts of ap- peals, 1120. United States marshal, salary, 3730. Vessels entitled to American registry, Weights and measures, powers of super- lºndent of public works relating to, 716. Wharves, controlled by territorial govern- ment, 3728. Powers of superintendent of public works relating to, 3716. Women’s suffrage, 3704a–3704d. Writs of error and appeals from supreme É." to Supreme Court of United States, HAWAII. NATIONAL PARK Appropriations, buildings for scientific purposes may be erected, 5249m. Limitation, 5249m. & Establishment, boundaries, 52497. Lease of land for hotels, | Rights of way, s are to sectinns, except where otherwise indicated.] HAWAII NATIONAL PARK (Cont'd) . . Homestead entries, existing rights not affected, 5249]:. . . Lands held in private or municipal own- ership not affected, 52497. etc., exceptions, 5249m. Expenditure of proceeds, 5249m. Limitation, term, 5249m. - Mineral entries, existing rights not af- fected, 5249k. * existing rights not af- fected, 5249k. Rules and regulations, secretary of inte- rior to make, 5249m. HAWAHI TERRITORIAL AGT 'See Hawaii. Text of act, 952, 1215, 1223, 3644-3735, 3739, 4336, 4361, 5845. - HAWKERS See Peddlers. HAY g sº passenger vessels not to Carry, HAYTI + Minister and consul-general, salary, 3129. HAZING Military academy, 2248. Defined, 2747. Naval academy, 2742–2748. Court-martial, 2742–2748. - Pºlineation to appointment, 2742, Superintendent to prohibit, 2743. HEAD MONEY Aliens entering the United States, 4289%aa. HEAD OF FAMILY Amount of exemptions from income tax, 6336gſa]. . Identification tickets of alien passengers, 4289%gg. – Income tax exemptions, 6336g, . Stock raising homestead entries, 4587f. HEADQUARTERS Customs-collection districts, change of location by president, 5327a. Florida, at Tampa, 5333a. Signal corps, 1867i. HEADS OF DEPARTMENTS See Attorney General ; Departments ; Postmaster General ; Secretary of Agriculture ; Secretary of Com- merce ; Secretary of Interior ; Sec- Tetary of Labor ; Secretary of Navy , Secretary of State ; Secretary of Treasury : Secretary of War. HEAD STONES National Cemeteries, 9371. Soldiers buried 9372 HEALTHI See Aldwlteration. Certificate of, applicant for civil service appointment, 3284. . Duties of commissioner of health in Porto Rico, 3803g. Epidemics, adjournment of courts, 9181. Appropriation for prevention of, 9.173. 9173, Appendix p. 1796. Cºns officers removed from port, Report of expenditure of appropriations for prevention of, 9173. Naval vessel’s crew, 2980 (8, 11). Officer of District of Columbia, respecting insane, 9337. Reports of, number of copies, distribu- tion, 7064. - Philippines, United States laws applica- ble, 3905. Public health service, 9128-9188. sº-nswo), Appendix p. duties Appropriations, allotments to states, 9188% (f), Appendix p. 1797. Bulletins, number, editions, 7135. Change of designation, 9128. Civil relief to members of, 30.78%a- 307814ss. Conferences with State and Territorial boards of health, 9146. Duties, 9128. Estimates, 6694. Hospital attendants detailed for duty in laboratory, 9139. Hospital relief for officers and em- ployés injured in line of duty, 9196. Hygienic laboratory, 91.42-91.45. Insane persons admitted to insane hospital, 9302. concessions, in private cemeteries, GENERAL INDEX [Page 21431 [References are to sections, except where otherwise indicated.] HEALTH (Cont'd) - Public health service (Cont'd) Leprosy home, 9188a,-9188f. Leprosy hospital and laboratory in Hawaii, 9183-9188. - Medical examination of alien passen- gers, 4289%i. - Expenses, 4265, 4266. - Officers, certificate of health of de- ported alien, 4289%j. Details, Army, Navy, or Coast Guard, pensions and liability to military law, 9141a. Bureau of mines, 9139a. 9139a, Appendix p. 1796. Division of Venereal Diseases, 9188% (c), Appendix p. 1797. In foreign countries in connec- * with immigration service, 9. Leprosy hospital, pay of, 9187, 9,188. Examination of cadets of revenue- cutter service, 8459%b (31). Leaves of absence, 9.140. Members of revenue-cutter service retiring board, 8459% b (24). additional Mental examination of aliens, 4289%i. Pay, allotments of, 9136a, Appen- dix p. 1796. - Report on physical qualifications of officers of revenue-cutter service, 8459% b(17). Salaries, 9129, 9135, 9136. . . . Service on naval courts-martial and deck courts, 2988aa. Serving with Isthmian canal Com- mission, promotion, 1899e. Titles, 9134. - Officers and crews of vessels of Bu- reau of Fisheries admitted to bene- fits of, 9192a, Appendix p. 1798. Payments to St. Elizabeth’s hospital for maintenance of hospital pa- tients, 9302a, Appendix p. 1798. Promotions, 9133. - . Officers serving with Isthmian commission, 1899e. Quarantine stations under control of, Rank of original appointees, 9183. Regulations by president, 91.48. Sanitation and quarantine, 9150-9182. Social hygiene, 9188% (a)-9188% (h), Appendix p. 1797. - Appropriation, #sº (e)-9188%(g), - Appendix p. 1797. Definitions, 9188% (h), Appendix p. 97. Division of Venereal Diseases, du- # 9188% (d), Appendix, p. 797. ſº Medical officer in charge of, 9188% (c), Appendix p. 1797. 97 Officers and employés, 9188% (c), Appendix p. 1797. Divisions, officers , and employés, #46), 9188% (d), Appendix p. 97. Interdepartmental , social hygiene board, 9188% (a), Appendix p. 1797 Chairman, 9188% (a), Appendix p. 1797, ... Duties, 9188% (a), Appendix p. 1797 h y g i e n e Interdepartmental f OI, board, composition 9188% (a), Appendix p. 1797. Meetings, 9188% (a), Appendix p. 1797. Rules and regulations, 9188% (a), Appendix p. 1797. Isolation of civilians for protec- tion of military and naval forces, 9188% (b), Appendix p. 1797. Surgeon-general, appointment of, 9131. Member of interdepartmental so- cial hygiene board, 9188% (a), Ap- pendix p. 1797. - Reports to Secretary of Treasury, 91.30. Printing, binding, number of copies, distribution, 7136. Surgeons, appointment, 9132. In charge of divisions, 9136. Treasury department to have juris- diction over, 9134, 9149. Violations of quarantine laws reported to district attorney by, 9.175. War use by president, 9141. Quarantine, 9150-9182. HEALTH (Cont'd) - - Removal of office because of sickness, cost reported to congress, 3256. Removal of public offices from seat of government in case of epidemic, 9180. Viruses, serums, etc., for domestic ani- mals, 8785. - - Alteration of labels or marks, 8779. Board to prescribe regulations for li- censing and maintenance of estab- lishments for propagation and prep- aration, 8781. - Enforcement of regulations, 8782. Establishments for propagation ànd preparation, board to prescribe regulations for licenses, 8781. Inspection, 8780. - License, condition of issue, 8781. Issue, suspension and revoca- tion, 8782. False labeling or marking, 8779. Interference with officers, etc., 8783. Interstate, etc., traffic in, 8778. License to prepare, etc., 8778. Marking packages, 8778. For prevention and cure of diseases . of man, 8778-8785. Punishment for violation, 8784. Sale, etc., regulated, 8778. HEARING - Boards to determine compensation of fed- eral controlled transportation systems, 31.15% c. - . Federal Reserve Board, proceedings to enforce Clayton Act, 8835]. Federal Trade Commission, proceedings to enforce Clayton Act, 8835.j. Interstate Commerce Commission, pro- ceedings to enforce Clayton Act, 8835]. Proceedings to enforce Clayton Act, re- lating to monopolistic contracts, 8835.j. FEEAVY ARTILLERY See Field Artillery. HIEDGES . HOt Sºes Reservation, injuries, penal- ty, 526 HEIRS Army officers or enlisted men, pay, 2203. Bounty land warrants on death of claim- ant, 4856. - - Deceased members of Five Civilized Tribes, determination, 4234a, Appendix p. 1776. . Government employés killed in service, compensation to, 8932ee. Naval officers or enlisted men, pay, 2871. Proof of homestead entries, 4532. Prosecution of homestead claim, 4537. sºlºrs, payment of savings deposit, Contracts for in navy, 6862. Customs duties on, 52910267–285). Naval purposes, preference of American growth or manufacture, 6876. . Loose hemp, 8242. Penalties, seizures, 8243. Steam passenger vessels not to carry, bal- ed hemp except on special license, 8242. HIEPBURN ACT See Com/mon, Carriers. - Interstate Commerce, 8563, 8569, 8579, 8582– 8585, 8592, 8596, 8597, 8604a, 8604aa. .. HERDERS Employment of Indians as, 4031. HEREDITARY TITLES Rºncation of, on naturalization, 4352 HEROIN See Opiºm, HEYBURN ACT See Food. Pure Food and Drugs, 8717-8728. HIDES Tick infested animals imported for im– mediate slaughter at ports of entry, dis- position, 8689a. vesselºgen with, consigned “for orders,” Time for unloading, 5573. HIGH SEAS Collision rules, see Collision. I'elonies upon, power of Congress to define and punish (Const. art. 1, § 8, cl. 10). Line between rivers, harbors and high #. defined by Secretary of Commerce, 72. - . Offenses, 10445–10483a. Jurisdictićn, 1051.4b. Under, trading with enemy act, 31.15%ii. Where triable, 1023. - Venue of proceedings on seizures, 1027. HIGH SHERIFE" See Hawaii. HIGHWAYS See Rights of Way : Rivers and Har- bors ; Tramroads and Tramways. Alaska, see Alaska. Hawaii, see Hawaii. Navigable waters as public highways, see Navigable Waters. i Aºtance of donations of land for roads, HIGH SEAS (Cont'd) ciºns, etc., railroad, rights of way, 4922, Drunkenness on public or private roads or Streets in Alaska, 3643i. - Glacier National Park, 5249. Indian reservation, open, etc., 4194. Mail robbers, rewards for detection, etc., of, 582a. - Military reservations, 4920. Mount Rainier National Park, 5224. National forests, additional expenditures from receipts, 5150. Cºuction, cooperation of states, a. Co-operation with state or trail au- thorities, 5150. Navigable waters as public highways, 9836–9862, Nºgable rivers within public lands, Patents, grants to Oregon, 4871. . Suits to cancel, limitations, 4901. Payment to state or territory, part of moneys received from national forests, 5149, 5186. . Philippines, bonds for improvement, 3908. Fººds of sales of public lands, 6799 Porto Rico, controlled by Porto Rican government, 3760. - Post-roads, 7456, 7457. - Provisions for relief of settlers on lands granted to railroads applicable to grants for wagon roads, 4904. Reservation, along navigable waters, etc., - in Alaska, 5091. Between sections in Oklahoma, 5024. Stock raising homestead, entries of lands for drive ways, 4587.j. - Sequoia National Park, 5208. Yellowstone Park, 5201. . - HISTORICAL ASSOCHATION - See Almerican. Historical Association. HISTORICAL BOOKS Illustrations of coins and medals, HISTORICAL SOCIETIES Publications of as second class mail mat- ter, 7309. - HISTORIC RUINS, ETC. Preservation, 5278-5281. HISTORY - - Military, transcripts for governments of state, 343. - HOARDING e . See gonservation of Food and Neces- SC.7°06'S. Necessaries, 31.15%ff, 31.15%gg, 31.15%h. HIOGS See Animals and Animal Industry. Inspection, transportation, etc., 8681-8715. HIOGSHIEAD - Customs duties on. 5291 (171). Fermented liquors, contents of, 6143. HOLIDAYS - See Leave of Absence. Allowance to per diem employés, 3244-3246. Compensatory time allowed for services of letter carriers and post office clerks, 10341. 7239a. Overtime in lieu of, 7239d, Appendix p. 1785. Railway postal clerks, 7239e, Appen- dix p. 1786. - Defined, $585. . Employés in government printing office, Empioyment of clerks, etc., in postal serv- ice, 7239b, 7239c. Leaves of absence to postal employés, ex- clusive of, 7244. - GENERAL INDEX IPage 21441 ſReferences are to sections, except where otherwise HOME - See Leprosy Home : Soldiers’ Home. Home for aged and infirm, intoxicating liquor not to be sold near, 9333. Temporary home for men honorably dis- charged from naval service, 2598. HOMIE ECONOMICS . Vocational education, 9390%a–9390%mm. HOME GUARDS Rifles, etc., for, 3093a. HOMIESTEAD ACT See Homesteads. r . Text of act, 4473(3), , 4476, 4530, 4531, 4550- 4552, 4557, 4588, 4589, 4757. HOMIESTEADS . Alaska, see Alaska. Hawaii, see Hawaii. Agricultural lands in national forests right to enter not to be affected by lease of land for use of homes, hotels, etc., 5141a. - Aliens, female citizen does not prejudice rights by marrying, 4538b. Mººse with not to prejudice rights, Cancellation of entries, death of contest- ant, 4537. . Notice to contestant, 4537. Ceded Indian lands, 5013. Commutation, 5013-5015. Second entry, 4591a, 5015. Certificates, 4532. Commutation, 4532. Additional entry, after commutation of former entry not to be commut- | ed, 4583. Contiguous to former entry not al- lowed, 4562. Alaska, 5046. . Ceded Indian lands, 5013-5014. cºcates of location receivable for, 0 Citizenship, 4532. Before expiration of five years, 4589. After fourteen months, 4590. Indian lands, Oklahoma, 5020. Lands to be irrigated, 4702. National forests, 5162. Oklahoma. 5022. Greer County, 5043. Indian lands, 5020. Provisions not to apply, enlarged en- tries on non-mineral, etc., lands, 4567, 4573. Repayment of excess paid by entry- men, 4542. Residence, 4532. Stock raising homestead, 4587g. Cultivation, 4532. Coal lands. 4666. Entries under Kinlzaid Act, 4532. Entries under reclamation act, 4532. Lands without water supply for domestic use, 4568, 4574. Pºi. not liable for debts: prior to patent, Desert land, gertain entries not subject to contest for failure to maintain resi- dence or improve, 4736. Opening of reserved lands to settle- ment, 4696. Residence, re-establishment, 4736. Distinction between offered and unoffered lands abolished, 4763. No distinction of race or color, 4591. Entries, abandoned military reservations, 5009-5011, Abandoned military reservations, Ne- vada, 5007, 5007a. - Fort Lyon reservation, 5004. Preference right, 5009. Additional after commutation of for- mer entry, 4583. Contiguous land, 4530. Former entry of less than quar- ter section, 4561. In Nebraska, 4577. Non-mineral, etc., land, 4565, 4568a, 4568b, 4571, 4574. Final proof, 4566, 4568a, 4568b, 4572, 4574a. Former entry lost, forfeited, or abandoned, 4554, 4556, 4584. Former entry of less than quarter section, 4560, 4561, 4594. Stock raising homestead, 4587d- 4587h. Within limits of railroad grants, 4585–4587. Affidavits, 4532. Aºrity to take, 4545, 4545a, 4546, º HOMESTEADS (Cont'd) Entries (Cont'd) . Affidavits (Cont'd) Enlarged entries of non-mineral, etc., lands, 4564, 4570. False, perjury, 4546. Insane persons, 4544. Persons in military and naval service, 4545, 4545a. - Alabama, 4657. Amount, 4530. Application, coal lands, 4667. Time for filing, 4538. Assignment of completed entries with- in reclamation projects, patents to assignees, 4727, 4732a. Cancellation, bona fide settlers on rail- road grants, 4897. Death of contestant, 4537. Failure to observe irrigation regul- lations, 4713h. Pay irrigation costs, 4713c, 4713f. Notices, to contestant, 4537. Fees of registers and receivers, 4480. Repayment of fees and purchase monéy, 4595-4599. g Ceded Indian reservations, entries by former entrants on, 4591a, 5015. - Declarations, fees of registers and re- ceivers, 4473. Desert land entries may be converted to, 4684b. . . . . Relinquished, 4714, 4714h. - Yuma project, 4734a. Election by husband, 4538a. construction Enlarged entries, preference rights to settlers, 4538. Time for entry, 4538. Enlarged entries of non-mineral, etc., ſiands in certain states, 4563-4574b. Additional entries, extension of time for making, 4566, 4572. Additional entries not contiguous, 68a. Limitation of amount, 4565, 4568a, 4568b, 4571, 4574a. Amount, 4574b. Applications for entry, affidavits, fees, 4564, 4570. . . Commutation prohibited, 4567. Designation as not irrigable, 4563, Entries under Revised Statutes, § 2306 not affected, 4568a. & Final proofs, additional entries, 4566, 4568a, 4568b, 4572, 4574a. Extension of time, 4566. Proof” of cultivation, 4566, 4568a, 4572, 4574a. Kansas, provisions 45686. Lands in Utah, water supply for domestic use, designation, resi- dence and cultivation, 4568. Residence, 4566, 4568a. - Right to make entries under Re- vised Statutes, § 2289 (4530) not affected, 4567, 4573. Segregation of land covered by ap- plication, 4568b. - South Dakota, provisions extended to, 45680. Suspension of application, 4568b. Validation, 4575. Enlarged entries of non-mineral, etc., lands in Idaho, 4569-4574. Additional entries not contiguous, 4574a. Additional entry contiguous to for- mer entry, amount, 4571. Application, affidavit, fees, 4570. Commutation prohibited, 4573. Entries under Revised Statutes, 2289 (4530), 2306 (4594) not af- fected, 4573, 4574a. Extension of time for proofs, - 4572. Final proofs, additional 4572, 4574a. - Proof of cultivation, 4572, 4574a. Lands to be designated as non-ir- rigable, 4569. Lands without water supply for domestic use, 4574. - Designation, 4574. Residence and cultivation, 4574, 4574a. Fees, 4531. Repayment on cancellation of Sol- dier’s and sailor’s entries, 4595. extended to, entries, indicated.I HOMESTEADS (Cont'd) - Rintries (Cont'd) t Hawaii National Park, existing rights not affected, 52491c. Hearings by order of commissioner of general land office, 699a. Indian lands in Oklahoma, 5020. Price, 5020. tºº. reserved for naval purposes, Lands to be irrigated, 4702. Lassen Volcanic National Park, exist- ing rights not affected, 5249e. Limitation of entries within gertain boundaries in Nebraska, addi- tional entries contiguous to for- mer entries, 4577. Amount, 4576. - Benefits of acts extended to entries between certain dates, 4579. Benefits of military service ex- tended to entries, 4580. Commutation not allowed, 4571. Determination of qualification of entrymen making additional en- tries, 4582. Entries by former homestead en- trymen, 4578. Fees and commissions, 4578. Improvements, 4578. Irrigable lands excluded, 4576. Isolated tracts to be sold, limita- tion of amount, 4581. Mode of procedure, 4531, 5021. National forests, 5162. Agricultural entry, development of mineral resources, 5187a. Black Hills, 5166. Preference rights of contestants prior to withdrawal for forest purposes, 5172. Reinstatement of entry canceled or - relinquished, 51.71. National Park, Rocky Mountain Na- tional Park, existing claims not af- fected, 5249b. New entry after forfeiture of former #y after destruction of crops, etc., o㺠citizenship of entry-men, 21. . - Commutation, 5022. Greer County, 5040–5043. - Qualifications of entry-men, 5021. Purchaºs. Flathead Indian lands, - 4584. + Swamp lands, from Missouri, 4966. Railroad grants, 4889, 4890, 4892. Additional entries, 4585, 4586. Extent, 4585, 4586. Patents for, 4587. . Forfeited lands, extension of time for, 4907. Preference rights, 4906. Prior to withdrawal or restoration to market confirmed, 4891. sºuent to expiration of grant, Record and registry, 4550. Rights inure to benefit of children, School lands before survey, 4860. States where no land offices exist, 4513. Suspension in state irrigation districts including public lands, 4695e. Time for entry of enlarged home- steads, 4538. Time to perfect, 4538, 4538c. Within certain boundaries in Nebras- ka, 4578. Entries and proofs made out of proper land districts by error of officers, con- firmed, 5115. Fees, 4546. Fees or commissions not to be charged for Indian entries, 4612. Registers and receivers, 4473. Final proof, 4532. Authority to administer oaths, 4546, 4548. Death of entrymen, 4532. Election as to mode of, 4532–4534. Notice of election, 4532, 4533. Settler on unsurveyed land, 4534. Enlarged entries of non-mineral, etc., land, 4566, 4568a, 4568b, 4572. Entries within certain boundaries in Nebraska, 4578. . False, perjury, 4546. Insanity of settler, 4544. Nº of intention to make, 4545, 4538c, GENERAL INT) EX IPage 2145] [References are to sections, except where otherwise indicated.] HOMESTEADS (Cont'd) Rinal proof (Cont'd) Taking testimony in cases of unavoid- able delay, 4540. Fraudulent settlers on lands in Oklaho- ma, punishment, 5025. Greer County, Oklahoma, 5043. Not impaired by mining claims, 4629. Improvements, within certain boundaries in Nebraska, 4578. Indiani, abandonment of tribal relationS, 4 - commutation, Alienation or incumbrance, 4611. . Located on public lands, 4612. Patents, 4612. In ºty of settlers, proof and payment, 4544. Lands acquired for protection of water sheds, sale, 5183. Lands allotted to Indians in severalty On sale by heirs, 4223. tº: in Greer County, Oklahoma, 5040– Lands in Oklahoma subject to homestead entry only, .5041. Lands reserved as mineral, but no mines discovered, rights of settlers on, 4649. Lands subject, agricultural lands in min- ing districts, 4630. - Lands relinquished, 4536. Laws extended, to Alaska, 5046. Over former Ute Indian Reservations, 4608–4610. - Leave of absence, 4532–4532C. On, destruction of crops, sickness, etc., 4553, 4554. Lands proposed to be irrigated, 4735. Limitation of amount, 4557-4559. Entries within certain boundaries in Nebraska, 4576, 4577. Lands under mineral land laws not included, 4559. Non-mineral, etc., lands, 4565, 4568a, 4568b, 4571, 4574a. TJnder any land laws, 4558. TJnder reclamation act, 4702. Limitation of entries within certain boundaries in Nebraska, additional entry contiguous to former entry, 4577. Benefits of act extended to entries made between April 28, 1904, and June 28, 1904, 4579. Benefits of military service extended to entries, 4580. Commutation not allowed, 4578. Determination of qualifications of en- trymen making additional entries, 4582. Entries by former homestead entry- men, 4578. Exclusion of irrigable lands, 4576. Extended, 4576. Fees and commissions, 4578. Improvements, 4578. Isolated tracts to be sold, 4581. Marriage of entrywoman, 4538-4538c. Mineral lands excluded, 4591. National forests, 5162-5173. Additional right of entry, price, 5165. Agriculture lands, exception . Of Cer- tain counties in South Dakota, re- pealed, 5169a. Rights in not to be affected by lease of lands for homes, hotels, Stores, etc., 5141a. Naturalization of wife making entry on alien becoming insane, 4365. Notice of contest, publication, 4541. Patents, 4532. . . Entries within limits of grants, 4587. - Additional entries, 4585–4587. Entries within reclamation projects, 4728, 4732a. Soldiers’ and sailors’ homesteads, 4604b. Paymº entrymen making cash entry, railroad Before expiration of five years, 4589. Extension of time, 4555. Insanity of settler, 4544. Permissive settlers on railroad lands re- Stored to public domain, 4894. Persons entitled, 4530. - Chiefs, etc., of Stockbridge Indians may enter, 4606, 4607 No distinction on account of race or color, 4591. - iºns abandoning tribal relations, Munsee Indians located on public lands, 4612. COMP.ST.’18—135 HOMESTEADS (Cont'd) Persons entitled (Cont'd) Minors serving in Army or Navy, 4588. Rights of infant children, 4543. Soldiers and sailors, minors, 4588. What minors have benefit of, 4588. Persons making, may be naturalized though not able to speak English, 4364. Priceºnd reserved for naval purposes, Permissive settlers on railroad lands restored to public domain, 4894. - Procedure in applications, entries, contests, etc., 4531, 5021. Protection of rights of persons in military service, 30.78%q. Public lands, 4530-4612. - Purchasers of lands sold for drainage charges in Minnesota, to have qualifica- tions of homestead entrymen, 4974, 4975. Relinquishment, 4536. - Entries withdrawn from irrigation projects, 4714h. Rºyment of excess paid by entrymen, 42. Repayºff § fees and purchase money, 595-4598. Appropriation, 4597. Proof of loyalty not required, 4599. Rules by commissioner of general land office, 4598. Warrants for payments, 4598. Applications rejected, 4491. Residence, 4532. Actual service in Army or Navy equiv- alent to, 4603. Coal lands, 4666. y Deduction of military and naval Serv- ice, 4593. Lands without water supply for do- mestic use, 4568, 4574. Service in army or navy equivalent to, 4603–4604b. Soldiers and sailors, 4593, 4604–4604b. Time for commencement by soldiers and sailors, 4592. Time of enlistment deducted, 4602. Reversion to government, 4552. Rights inure to benefit of infant chil- dren, 4543. º Rights of entrymen of lands withdrawn from settlement, etc., 4524 Rights of entry under homestead laws on ceded Indian reservations, 4591a. Rights of purchasers from Texas to per- fect title under homestead laws, 5044. Rights of settlers on lands in Oklahoma, 5023. Greer County, preference rights, pur- chase of additional lands, etc., 5040. Segregation of agricultural from mineral lands, 4650. Lands in national forests, 5173. Soldiers and sailors, 4545. & Abandonment contests prohibited, 4604b. Additional certificate, sale, 4601. Additional entries, 4574b, 4594. After final proof on former entry of less than quarter section, 4560. Invalid, commutation, 4600. Affidavit, 4545, 4545a. Alaska, 5046. º Entries by attorney, etc., or in per- son, 4605. Canceled, during absence in Serv- ice, restoration, Repayment of fees, 4595. In Oklahoma, 5021. Indian lands ifi Oklahoma, 5020. Minors, entries by, 4588. - Patent to second tract determined by residence, etc., on first, 4603. Service in Army or Navy equivalent to residence, 4603–4604b. - Residence required before patent issues, 4604b. • Service in Civil War, Spanish War or in Philippines, 4592. - Widow and minor children of, entitled to homesteads, when, 4602. Widow or children of, 4602, 4602a. Stock raising homesteads, 4587a-4587k. Additional entries, amount, 4587d, 4587e. Persons entitled to, 4587f. Preferential rights, 4587h. Commutation, 4587 g. Designation of land by Secretary of Interior, 4587b. Determination 4587 b. Effect of entries under section 2, 4587c. Of applications for, HOMESTEADS (Cont'd) Stock raising homesteads (Cont'd) Non-contiguous lands, 4587c. Number of acres, 4587a. Patents, 4587i. - Permanent improvements, 4587c. Persons entitled to, 4587a, 4587c. Rºyation of coal and mineral rights, - 1. Reservation of driveways, 45875. Reservation of land containing water holes, etc., 4587]. Rules and regulations, 4587k. Subject to water rights, 4648. Town-sites, 4794, 4795. - Transfer by settler for certain public pur- poses, 4535. |Ute Indian Reservations, certain entries prohibited, 4608. - Lands excepted, 4610. - Rºursement of Ute Indian fund, HOMICHDIE See Manslaughter; Mwrder. HONDURAS Minister to, 3128. HONORAB3LE DISCHARGE Army, preference for appointment as chaplains, 1868a. Certificate to be returned by accounting officers, 452. Navy, 2595–2598. Pay for re-enlisting after discharge, 2861, 2862. Report of men entitled to, 2597. Temporary home for men, 2598. Service during rebellion, effect on right to pension, 8937, 8940. Sufficient authority for interment in na- tional cemeteries, 9373. }{{ORSE ARTILLERY See Field Artillery. HORSE RACES Appropriations for horses not to be ex- pended for attendance at, 6767a. |HORSES Army appropriations for, not to be ex- pended for attendance at horse shows, or horse races, 6767a. Army officers, deceased officers, transpor- tation, 2136aa, Appendix p. 1758. Forage for, 2115, 2116, 2120, 2124, 2125. Mounts for, 2092. - Ordered for duty to Alaska, or over- Seas, transportation, 2136b, Appen- dix p. 1758. Pºsse from, on change of station, Army, sale of excess number, 1972b. Transportation on change of station, 2136, 2136a. Condemned, for unfitness for military service, to be paid for, 6398. Customs duties on, 5291ſ186). Equipment of national guard cavalry, etc., 3062a–3062c. - Hºe of Representatives, contracts for, Inspectors, veterinary corps, 1724a. Lost in military service, 6390-6402. Permanent appropriation for, 6799(34). Mail, carrying on railway routes by horse express, 7478. President, accommodations for, 230. Pureº for Cavalry, artillery, etc., .6848a, Appendix p. 1783. Reimbursement of owners for horses, damaged or destroyed while fire fighting, #. making, etc., in national forests, Sale or loss in violation of articles of War, 2308a, art. 84. Tºer to National Guard organizations, Veterinary corps as inspectors of, 1724a. HORSESHOERS Engineer corps, 1842a. Field artillery, 1736a. Infantry, 1738a. Medical department, 1829a. Pay, 2144a. 2144a, Appendix p. 1759. Service schools, 2017. Signal corps, 1860. Troop of cavalry, 1718. THORSE SHOWS Appropriations for horses, not to be ex- pended for attendance at, 6767a. GENERAL INDEX [References are to secti HORTICULTURAL SOCIETIES Anti-Trust laws, not to be forbidden, HORTICULTURE See Insect Pests ; Plants. Apples, standard barrel, crates, etc., 8907, 8907a. Grades, etc., 8733, 8734, 8736, 8737. Federal Horticultural Board, 8764. Income tax, exemptions, 6336k[a]. Insect pests, 8748–8764. - Plant Quarantine Act, 8752–8764. HOSE - Steam vessels to carry, 8241. HOSPITAL CORPS See Medicine and Surgery. Army, cooks, pay, 2144. Enlisted men transferred to Medical Department, 1829a. Hospital stewards’ quarters, 1985. Pay, 2144a, Appendix p. 1759. Pharmacists, rank, 2513, 2514. Navy, ambulance service, 25.15a. Appointment, 2513, 2514. Apprentices, 2492a, 2513. Attached to Medical Department, 2515. Chief pharmacist, 2514. Composition, 2513. Duties, 2515. e Enlisted men, 2513, 2517. Pay, 2516, 2517. Grades and ratings, transfers to and from marine corps, 25.13a. Limitation of numbers in various rat- ings, 2514a. - Passed assistant surgeons, 2492a. Pay, 2514, 2516. - Pharmacists, appointment, 2513, 2514. From mates, examinations and re- quirements, rank, and pay, 25.13b. Pay, 2513, 2514. Promotion, 2514. Rank, 2513, 2514. Stewards, 2492a, 2513. Surgeons, 2492a, 2492b. Warrant officers, 2517. IHOSPITALS See Freedmen ; Health House of Refuge , . Marine Hospitals : Medi- cine and Surgery : Naval Asylum : Naval Home and Hospital ; Soldiers’ |Home. Government hospital for insane, see Insane Persons. Alaska, admission to, 3611a. 3611a, Appendix p. 1775. Army, gratuitous clothing in case of con- tagious diseases, 2180. . Limitation on authority to erect build- ings, 9208b. - - Matrons, pay and rations, 2142. Navy hospital at Hot Springs, Ark., 9209, 9210. - Sick diet, 2177. Ft. Bayard, open to officers and men of Navy and Marine Corps, 92.11. Fººts subject to articles of war, Free transportation, inmates, 8563. Persons employed in transporting in- Imates, 8563. Government hospital for insane, 9292–9339. Indians, contagious and infectious di- Seases, erection and equipment, 4125b. Injured employés, right to Service, 8932e. Leprosy home, 9188a–9188f. Leprosy hospital and Hawaii, 9183-9188. Marine hospitals, 9189–9198. Permanent appropriation for, 6799(24). Mºhant Vessels, provision for space for, Navy, 9.199–9212. Deduction from for fund, 2936. Half-pay in lieu of benefits of, 9088. opium, ºrchased Without written order, laboratory in pay of Marine Corps Purchase without registration * ment of tax, 6287g. or pay Passenger vessels, 8002. - Public health service, medical relief to lighthouse keepers, assistants, 8448a. Quarantine Stations, 9169. Relief for employé in public health serv. 1CO injured in line of duty, 91.96. #. º: Hospital, 9292–9339. ips in time of war exempt and tax, 7823, 7824. pt from dues Tºrary commitment of insane perSons, [Page 2146] HOSPITALS (Cont'd) * * * Transfer of insane patients from Imilitary hospitals to public hospital, 9308b. HOSPITAL SERGEANTS Medical department, 1829a. Not counted as part of enlisted force, 1829a. . - Part of, 1829a. Pay, 2144a. Promotion, limitation, 1829a. HOSEPITAL SHIP - Commanding officer may order Summary courts-martial, 2994a. - Navy, sale of unsuitable vessels, 2787a. Hosprſal, supplies - Contracts for purchases for Army and Navy, 6885. . HIGHTELS - Crater Lake National Park, destruction, 5230. Duties of owner as to census, 4409. - Lease, Hot Springs Reservation, 5251-5253, 5259 liability for Lands in national forests, 5140. 5141. Lands in Yellowstone Park, 5205. Military academy, 2279. National parks, lease of land for, 5222a. HOT SPRINGS RESERVATION General provisions, 5251-5273. Buildings, approval of plans, 5253. Collection of water on, 5256. Disposal of fractional lots, 5251. Establishment, 5251. Free baths for indigents, 5251. Included in eastern district of Arkansas, 5262. Jurisdiction over, 5261. Cºlºn by state of Arkansas accepted, 5261. Leases and privileges, Arlington Hotel, Arlington Hotel, maximum charges, 52.53. Assignment or transfer, 5253. Bath house and water Supply, 52.53. Cancellation, 5253. Charges for baths, 6251– etc., regulation, Combinations among lessees, 5253, 5254. Forfeiture, 5254. 'i. Investigation as to applicant for lease, etc., 5254. Refusal, 5254. Regulations, 5253. Rentals, 5251, 5252. Subject to regulations, 5253. Waste of water, 5253. Water supply for hotels and bath houses, 5251. Offenses and prosecutions, 5266–5273. Arrest, 5267, 5268. Bail, 5267. - - Disposition of fines and costs, 5271. Execution of sentence, 5273. False oath of affidavit in investigation as to interest of applicant for lease, etc., 5254. ‘False oath to obtain free use of bath houses, 5260. Fees and costs chargeable to the Unit- ed States, 5270. Fees of commissioner, deputies, 5269. - Fugitives from justice, 5261. Imprisonment for non-payment of fines and costs, 5272. Imprisonment while awaiting trial, 52.72. . Injuries to property, 5263. Jurisdiction, 5262, 5266. Under ordinance of city of Hot Springs or laws of Arkansas, 5265. Penalties, 5253, 5264-5266, 5272. Process, 5266–5268. Issuance, 5266, 5267. Service, 5261. Prosecution, 5266. Taking, using of or bathing in waters, 5264. Violations of regulations, 5264. Operation of bath houses in connection with hotel, 5258. Physicians, solicitation of patronage, 5264. Sale of lots not permanently reserved, marshal and Sale of water, 5252. - Superintendent, powers, 5253. Taxation of private property, 5255, 5261. Use of free bath house, limit to persons unable to pay, 5260. ons, except where otherwise indicated.] HOT SPRINGS RESERVATION (Cont'd) Water Supply, for hotels and bath houses, rent, 5251, 5252. - Outside of reservation, 5252. HOUR'S OF LABOR. Clerks, executive departments, 238. First and second class post-offices, 7238. Deck officers on watch duty on Steam vessels, 8227. - - - Employés, Executive Departments, 238. Railroad, 8677–8680. - Laborers in first and second class post Offices, 7238b, Appendix p. 1785. Letter carriers at first and second class post-offices, 7238. Merchant seamen, 8363b. Messengers in first and second class post offices, 7238b, Appendix p. 1785. In Porto Rico, 3803aa. Public contracts, all classes of contract Work included, 8922. Agºl to heads of Departments, etc., 8921. Contracts excepted, 8922. - . Deduction of penalty from contracts, 8921. Isthmian canal, 8922. Penalties not to be imposed in emer- gencies, etc., 8922. Tº, provide for eight-hour work day, 21. Right of action in Court of Claims, 8921. & Stipulation for penalty, 8921. Violation of act by officer or contrac- tor, 8919. Waiver in time of war, etc., 8922. Public works, 8918–8920. Existing contracts not affected, 8920. Irrigation works, 4703. - Requiring or permitting Ionger hours of work unlawful, exceptions, 8918. Rºº, and harbor dredging, etc., 8918– 920. Railroad employés, 8677–8680. Wages to be computed on eight hour day, commission to investigate relations between carrier and en- ployé, compensation of person, 8680 b, Commission to investigate relation between common carrier and em- ployers appointment, report, 8680b. Exceptions of certain electric in- terurban railroads, 8680a. Penalty for violation of Act, 86806. Present wages not to be reduced pending investigation by commis– sion, 8680c. - Railway postal clerks, 7519. 7238b, Appendix p. 1785. Suspension of eight hour law in case of national emergency, 8922a. Watchmen, first and second class post of- fices, 7238b, Appendix p. 1785. Hò JRS OF SERVICE ACTS See Hours of Labor. Public Works and Railroads, 8918–8922. HOUSEKEEPERS £xecutive Mansion, Bond, 231. HOUSEKEEPING . Employment of matrons to teach Indian girls, 4029. HOUSE OF REPRESENTATIVES See Congress ; Hawaii ; Library of Congress. - Congressional record, see Congression- al Record. Doctºrvents, printing, etc., joint com- ‘mittee on priºting, see Joint Coºm- mittee on Printing. Accounts, Auditor’s examination, 420. Property, by officers, 105. Adjournment, limitations upon (Const. art. 1, § 5, cl. 4). : Power of less than quorum (Const. art. 1, § 5, cl. 1). Apportionment of members, 15. Appropriations for contingent expenses, restriction on use of, 6780. Barber shop, payment for Supplies for- bidden, 109b. - - Board of Visitors to military academy, 887-8680, 231. compensation, 2251, 2252. Duties, 2250, 2252. For naval academy, designation as member of, 2756a. GENERAL INDEX [Page 21471 [References are to sections, except where otherwise HOUSE OF IREPRESENTATIVES (Cont'd) Bound volumes from files of, delivery to Library of Congress, 148. Chaplº, books from iibrary of Congress, Salary, 59. Payable monthly, 79. Clerk of House, accounts of binding for representatives to be kept by, 7181. Accounts of property, 105. Appointment of librarian, library of House, 154. Balances of House’s accounts certified to, 420. Bond, amount, 82. Approval by comptroller of treas- ury, - Conditions, 82. Custody of, 83, 3288. - By Comptroller of Treasury 83. Books from library of Congress, 139. Bound volumes from files delivered to library of Congress, 148. . Certificate to, compensation paid to clerks of members, 'ſo, 7 U. Pay rolls of employés, 68–70. Salary of representatives during recess, 51. Committee reports to be filed, indexed and bound, 7156, . Congressional journals, to, 7030. Congressional record allotted to, 7090. Contracts for packing boxes for use of House, 115. Doorkeepers, 106 etc., of distribution direction of duties of, Federal reporter for, 1206. Journals, fees for transcripts of, 97. List of officers, etc., to be prepared and filed for official register, 7092. Oath, administration by speaker, 29. Official register, list of officers to be prepared for, 7092. Payment of compensation of clerks to members, 75. Who are chairmen of committees, 76 Payments for supplies for barber shop forbidden, 109b - - Public documents allotted to, 7090. Disposition of documents previ- ously stored at capitol, 7042. Distribution to, 7022. Invoice of documents stored at capitol, 7042. Sent and received by, transmitted free, 7378. Removal for non-certification. Of pay rolls of employés, 69 Reports, 84, 85. Distribution to, 7022. -- Employés, 84, 85. sy Expenditures, 87. . From contingent fund, 84, 85. Receipts and expenditures, 96. Sale of waste-paper and condemn- ed furniture, 116. - Subordinate disbursing officers, 86. War Finance Corporation, 31.15%k. Reprinting of bills or resolutions, etc., power to order, 6956. Requisitions for stationery, books, etc., by, 7180. Reservation of unstitched documents and reports for, 7022. Discontinued, 7023. Roll of representatives, 30. Salary, 59. . Sales, condemned furniture, Waste-paper, 116. Selection of newspaper for publication of advertisement, etc., in District of Columbia, 7182. Signature to certificates for monthly salaries of representatives and dele- gates elect, 40. blank 116. Statements, appropriations, contents, 89, Appropriations, preparation and publication, * Offices created, preparation and publication, 88. - Salaries increased, preparation and publication, 88. statiº, advertisement, etc., for, 91-94. • r Contracts for separate parts, 94. Supplies, preference of American man- ufacturers in purchase of, 95. Supreme Court reports for, 1203. IHOUSE OF REPRESENTATIVES (Cont'd) Clerk of House (Cont'd) - Testimony in contested elections of members, duties as to, 184. Clerks, certification of salaries of mem- bers during recess, 51. Chairman of committees, compensa- || tion, 76. - Committee clerks, compensation, 71. - Cºpensation, time of beginning, Detail of interior clerks to assist, 674. Public documents sent and received by transmitted free, 7378. Removal, non-certification of rolls of employés, 69. Representatives, not chairman committees, compensation, 75. Who are chairmen of committees, Compensation, certification of, 76. Compensation, amount, 76 - Payment, 76. Commission for office building, ments approved by, 3385. Committees, accounts, approval of pay- ments from contingent fund, 111. Accounts, contracts and bonds for purchase of stationery and mal- #ials for folding, filed with, 07. Direction of sale of waste-paper and condemned furniture, 116. Inquiry as to certification of pay rolls of employés, 70. Manner of payment from contin- gent fund, 109. Oaths, authority to administer, 70. Temporary, appointment, 110. Approval of payments Contingent fund, 110. Duties, 110. Number, 110. Appropriations, preparation of state- ment of, - Chairmen, clerks, compensation, 76. Clerks, compensation, 71. Time of beginning, 72. Detail of interior department, clerks to assist, 674. Expenses of, vouchers for, by chair- man, 109. Janitors, appointment, 73. 73, Appendix p. 1737. Duties, 73. Removal, 73. Naval affairs, chairman ex officio, member of board of visitors for naval academy, 2756a. Reporters, compensation, amount, 78. Reports, use by Court of Claims, 1155. - - Rivers and harbors, requests for re- ports concerning projects, 9863, 9868. Ways and means, information to be furnished to by United States Tariff Commission, 5326d. Congressional investigations, 155–160. . Contested elections, adjournment, 181. Answer, copy of accompanying testi- mony, 183. . Of contestee, 162. Briefs, 184. i * Depositions, appearance by agent or attorney, 176. Consent, 170. department pay Of limitation on appoint- from Notice, attached to, 182. Service, 165. wºesses outside of district, 174, £). - Expenses, accounts and vouchers, 187. Limitation of payment, 187. Failure to attend or testify, penalty, 173. - ; - Notice of intention to contest, 161. Copy of ‘accompanying testimony, 183. Officers rendering services, fees, 186. Papers, production, 180, Subpoenas, authority to * issue, 167, 169. - Contents, 168. Service, 171. Testimony, binding, 184. Copy of answer to accompany, 183. Copy of notice of intention to contest to accompany, 183. Printing, 184. indicated.] HOUSE (Cont'd) Contested elections (Cont'd) Testimony (Cont'd) Taking at more than one place, OF REPRESENTATIVES Time for taking, 163, 164. Transmission to Clerk of House, - 184. - Witnesses, attendance out of county, 172. Examination, 177-179. Fees, 185. Subpoenas, contents, 168. Issue of, 167, 169. Service, 171. r Contingent fund, payments from, 109. Payments from, additional salary or compensation to officer or em- ployer prohibited, 109. - Approval by temporary committee on accounts of house of repre- sentatives, 110. Compensation of clerks, 75. To members who are chairmen of committees, 76. Monuments to deceased members, 55 * - Report by clerk of House, 84, 86. Stables or forage, prohibited, llā. Vouchers, 111. : Contracts, use of horses, , how made and paid, 113. Cº.; of Claims, reference of claims to, 1142. Delegate from Territory, 3452, 3453. Document room, copies of bills and reso- lutions to be distributed to, 7025. Creation of, 7037. Distribution to, of public and private laws, postal conventions and treal- ties, 7029. Superintendents of, appointment Of, J7037. Documents, allotment of Congressional Record, 7090. - - Allotment of documents and reports to, 7053–7104. Official Gazette, 7093. Official Register, 7092. Apportionment of documents to, 7046. Comprehensive index of documents, 7041. Custody of, 7039. ** - Designation of libraries to receive, 7046, 7049. Geological Survey reports, etc., 7149, 7150. Official Gazette of Patent Office, 7093. Person to receive Official Register, 7092. - Distribution, Bills and Resolutions, 7025 - Coast and Geodetic survey charts upon order of Representatives, 46. - Copies of bills and resolutions, 7025. - Documents previously Capitol, 7042. Journals, 7030. - . Maps and atlases to members, 780. Public documents and reports, 7022. Envelopes for congressional record furnished to members, 6992. Folding rooms, distribution from, 7050, Reports by Department of Agriculture on Agricultural Experiment Stations, and co-operative agricultural exten- sion work, 88.97a. Reservation of unstitched documents and reports for, 7022. Discontinued, 7023. . Retiring members right to documents 7051. Sale of stationery and blank books to Congressmen, 7180. Stationery, blank books, etc., to be furnished by public printer, 7180. Door-keeper, accounts of property, 105. Certificates to, pay rolls of employés, 68–70. - IDirection of duties of janitors to com- mittees, 73. Duties, 106. Removal, non-certification rolls, of employés, 69. Of janitors to committees, 73. Reports, sale of waste-paper and cº- demned furniture, 116. Roll of representatives elect, 32. stored at of pay GENERAL INDEX [References are to sections, except where otherwise indicated.] REPRESENTATIVES HOUSE OF REPRESENTATIVES (Cont'd) . - Door-keeper (Cont'd) Salary, 59. - Sales, condemned furniture, 116. Waste-paper, 116. Election for unexpired terms, commencement of Salary, 57a. time of Employés, assignment to other duties in cases of emergency, 64. T}uties, performance of, 64. More than one person not to be ap- pointed to single position, 65. Pay rolls, officers, certificates to, 68-70. Report of by clerk of House, 84, 85. Salaries, division with other persons, prohibited, 65. Sub-letting duties prohibited, 63, 66. Expenditures, payment for supplies for barber shop forbidden, 109b. Reports of, 87. - Federal Trade Commission, anti-trust act investigations, request for, 8836f(4d). Folding room, folders, assignment to cler- ical work, 64. - Purchase of stationery and material for, 107. Fuel, supply of by door-keeper, 106. Furniture, 3373, 3379. Impeachment, power vested in (Const. art. 1, § 2, cl. 5). J anitºrs to committees, appointment, etc., 73. 73, Appendix p. 1737. Journal (Const. art. 1, § 5, cl. 3). Copies for library of Congress, 147. Documents, etc., copies for library of Congress, 146. Entries (Const. art. 1, § 7, cl. 2). . Extracts as evidence, 1508. . Rees for transcripts of, 97. Lºause power vested in (Const. art. 1, § 1). e Ilibrary, assistant librarians, appoint- ment, 154 Committee reports deposited in, 7.156. Control of by Librarian of Congress, 154. Documents allotted to, 7022. Congressional Record, 7030, 7090. Department publications. 7031. Official Register, 7092. 'Documents reserved for, 7042. Librarian, appointment, 154. Mail service, contracts for hire of horses and wagons, 114. Members, additional members at large, election, 18. Additional members at large, nomina- tions of candidates, 19. Administration of oath by speaker, 29. Allotment of farmers’ bulletins to, Allowances, newspapers, 45. Postage, 46. Apportionment of, 15; (Const. art. 1, 2, cl. 3); (Const. a.m., 14, § 2). Reduction under Fourteenth Amendment, 20. Arizona, number, 16. Bºº. of Visitors to military academy, Books from library of Congress, 138. Clerks, compensation, 75. - Compensation, certificate of, 75. Limitation on amount, 75. Payment, 75. To members who are chairmen of committees, compensation, 76. Compelling attendance (Const. art. 1, § 5, cl. 1). Consulting trustee of National Train- ing Schools for Boys, 94.12. Contested elections, 161–187. cº of Claims, not to practice in, Dºuctions for withdrawal from seat, Delegates, salaries, 34-86. Electiºn, additional members at large, Ballot or voting machine, 24. Contributions for purpose of in- fluencing, 188–198. Account to treasurer of, 191. Candidate defined, 195. Expenditures, limitation amount, 194, 195. Legal expenses in election con- tests not affected by act, 197. Limitation of amount, 195. Of [Page 21481 HOUSE 9F (Cont'd) Members (Cont'd) . Election (Cont'd) Contributions for purpose of influ- encing (Cont'd) Personal expenses for traveling, etc., not subject to act, 196. Political committee, 188–190. Statements by, 192, 193, 195. Record of, 191. - Statements by candidate for nomination or election, 195. Statements of, verification, 195. Violations of act, punishment, 198. . Denying right to vote for, reducing representation (Const. am. 14, § 2). By districts, 17. - Nominations of candidates, 19. Qualifications of electors (Const. art. 1, § 2, cl. 1). - Time of, 21 (Const. art. 1, § 2, c1. 1); (Const. art. 1, § 4, cl. 1). Exceptions, 22. For unexpired term, time of com- mencernent of salary, 57a. Vacancies, time for holding, 23. Hºy fined (Const, art. 1, § 2, cl. 4). Eligibility for other offices (Const. art. 1, § 6, cl. 2). Expulsion (Const. art. 1, § 5, cl. 2). Federal Reserve Board member or of- ficer of Federal reserve bank, dis- qualification, 9788 (5). Free transmission of Congressional record, etc., under frank of, 7377, Joint committee on printing, to have three members from, 6953. - Membership on national forest re- serves commission, 5177. Mileage, 35, 47. Certificate of, 49, 50. By speaker, 35. Substitute to sign speaker’s name, 52. Disbursement by Sergeant-at- arms, 100. Dying after commencement of Congress, 53, 54. Fºment of by sergeant-at-arms, Monuments to deceased members, 55. New Mexico, members, number, 16. Nº. of, 15; (Const. art. 1, § 2, Cl. 3). Oath to support constitution (Const. art. 6, cl. 3). Administration by speaker, 29. Offenses, bribery, 10483, 10484. Contracts, interest, 10487, 10489. . Making official contract with, 10488, 10489. Pay, receiving in matters af- fecting United States, 10486. Taking consideration for pro- curing, 10485. - Political contributions to, 10291. Soliciting, 10491. - Punishment, 10292. Portraits of, 513–5.13a. Presidential electors, ineligibility (Const. art. 2, § 1, cl. 2). Privilege from arrest (Const. art. 1, § 6, cl. 1). Public documents sent and received by transmitted free, 7378. Punishment for disorderly behavior (Const. art. 1, § 5, cl. 2). Qualifications (Const. art. 1, § 2, c1. 2); (Const. art. 1, § 6, cl. 2). Recommendation by, classified civil service, 3282. Resident commissioner from Porto Rico, 36, 38030. Roll of representatives elect, by whom made, 30-32. Rooms in office building, 3383. Salaries, 36; (Const. art. 1, § 6, cl. 1). Certificate of, 49, 50. Certificate of, substitute to sign - Speaker’s name, 52. Signature of clerk during re- Cess, 51. Deductions, absence, 42. Books, 4. Dºrsement by sergeant-at-arms, 100. - - Dying after commencement of Congress, 53, 54. FIO USE OF REPRESENTATIVES (Cont'd) Members (Cont'd) Salaries (Cont'd) - - Lieu of all allowances except trav- eling, 47. - Mgbers elected to fill vacancies, Mode of payment. 48. Monthly, after taking oath, 41. Tº representatives elect, 4 98. regents of, By sergeant-at-arms, Smithsonian Institution, 10566, 10567. Speeches, etc., immunity from ques- tioning (Const. art. 1, § 6, cl. 1). Term of service as trustees or direc- tors of corporations to which Con- gress makes appropriations, 6670. Vacancies, how filled (Const. art. 1, § 2, cl. 4). Pay of members elected to fill, 56. Time of elections to fill, 23 Oaths, administration to witnesses, 156. Office building, commission, 3383. Officers, actions against, appearance by district attorney, 117. Actions against, conduct of, supervi- Sion by Attorney General, 117. Execution, withholding, i.17. Judgment, payment, 117. Removal of causes, 117. Choice (Const. art. 1, § 2, cl. 5). Removal of causes against, 1015. Packing-boxes, contracts for, 115 Pages, age limit, 67. Chief page, age, 67. Riding pages, age, 67. Telephone pages, age, 67. Penalty envelopes for answers to be in- closed in official communications to members of Congress, 7374. Place of meeting, change of by President of United States, 33. Porto Rico, 38037-3803pp. Postmaster, accounts of property, 105. Certificates to, pay rolls of employés, Contracts for hire of horses for mail Service, 114. Removal, non-certification of pay rolls Of employés, 69. Salary, 59. Powers, judge of elections, returns and qualifications of members (Const. art. 1, § 5, cl. 1). Members, disciplining (Const. art. 1, § 5, cl. 2). - President, election (Const. art. 2, § 1); (Am. 12). - Printing and binding bills and resolu- tions, binding, 7.155. Bills and resolutions, number and dis- tribution, 7025. When to be printed, 7025. Binding, bills and resolutions, 7155. Style, 7181. Documents and reports for State De- partment, 7024. Envelopes and franks for extracts from congressional record, printing upon, 6993. - Eulogies of deceased members, print- ing, binding, number of copies, dis- tribution, 7086. Extra copies, ordering, etc., of, 7033. Extracts from congressional record, 6992. - Government printing office to do all printing, binding, etc., 7159. Jºals. number and distribution, 7030. . Number of copies, 7087. Payment of cost of printing extracts from congressional record, 6995. Public printer’s report of books bound for, 6973. Reports on private bills, 7022. Statutes at Large, allotment of cop- ies, 7072. - Quorum, choosing president (Const. art. 3. ; (Am. 12). Majority to constitute (Const. art. 1, § 5, cl. 1). . Receipts and expenditures, report of, 96. Reporters, approval of employment by speaker, 77. . Committees, compensation, amount, 7 Compensation, amount, 78. GENERAL INDEX IPage 2149] [References are to sections, except where otherwise indicated.] BIOUSE OF (Cont'd) Revenue bills, must originate in (Const. art. 1, § 7, cl. 1). +. Cuban customs act not to affect, 5324. Roll of representatives elect, 30–32. Rules, establishment (Const. art. 1, § 5, cl. 2). Sergeant-at-arms, account, compensation and mileage of members, 100 Accounts of property, 105. Bond, 101. Custody of, 102, 3288. Capitol police, appointed by, 3406, 3407. Directed by, 3414. Suspension of approved by, 3409. Uniforms prescribed by, 34.11. Certificates to, pay rolls of employés, 68–70. Deduction from salary of representa- tive, absence, 42. Amounts due for public printing, REPRESENTATIVES 995. Disbursement of compensation and mileage of members, 100. Statement of, 104. Disbursing officer, 100. Duties, 98. Limit of compensation, 61. Mace, as symbol of office, 99. Monuments to deceased members, Preserving peace in Capitol, 3393. Removal from office, 103. Noncertification of pay rolls of employés, 69. Roll of representatives elect, 31. ſº Salaries and mileage of members paid 55. Resident commissioner from Porto Rico paid by, 3798. Salary, 59. Symbol of office, 99. Tenuro of office, 103. - Sessions, law library to be open during, 44 144. Speaker, administration of oath to clerk, 29. Administration of oaths to members, 29 Appointments by, consulting trustee of National Training School for Boys, 94.12. tº Government director of Columbia Institution for Deaf, 9345. Joint Committee on Printing, 6953a. Joint committee to determine dis- position of useless papers in ex- ecutive departments, 282, 283. Temporary committee on accounts of house of representatives, 110. Approvals by appointment of librari- an, etc., of library of House, 154. Employment of reporters, 77. Certification of salaries and mileage of members, 35, 49, 50. Substitute for, to sign, 52. Choice (Const. art. 1, § 2, cl. 5). Commission for office building, mem- bership on, 3383, 3384. Control of lighting, heating and Ven- tilating, 3377. & Estimates of receipts to and expendi- tures from tribal funds to be trans- mitted to, 398a. Federal Reserve board to make report to, 9793 (7). Member of board of visitors of naval academy, 2756a. Oaths administration to members, 29. Administration to witnesses, 155. Reports to, amounts allowed claim- ants, 398. Claims allowed for army Stores and supplies, 471. Comptroller of Currency, 506. Federal Farm Loan Board, 9835b (11). Secretary of Interior, 689. Salary, 35, 36. Selection of members, as members On national forest reservation COrn- mission, 5177. Three to be regents of Smithson- ian Institution, 10567. Substitute for to sign certificates for salary and mileage of members, 52. Suspension of regulations for use of capitol grounds, 3403, 3404. sºonery, contracts for separate parts, Stationery room, sale of stationery, etc., to Congressmen, 7180. HOUSE OF IREPRESENTATIVES (Cont'd) r Subordinate disbursing officers, reports to clerk of House, 86. Supplies, American goods preferred in purchase of, 95. Supreme Court, appointment of commit- tee to determine disposition of useless gºers in executive departments, 282, vºlation, heating and lighting, 3376, Votes, entry in journal (Const. art. 1, § 5, cl. 3); (Const. art. 1, § 7, cl. 2). HOUSES Investigation of explosions and fires, 31.15%jj. HOUSES OF CORRECTION Confinement of United States prisoners, H6O ÚSIES OF ILL FAME Suppression near military and naval camps, etc., 2019b, 2813e. 2019b, Appendix p. 1755. White slave traffic, 8812-8819. | HOUSES OF REFUGE United States prisoners in, contracts for subsistence, 10551. Designation of house by Attorney Gen- eral, 10550. HOUSEING FOR, WAR INDUSTRY EMI- PLOYES Acquisition of lands, houses, furnishings, etc., 31.15%a. Appropriations, 31.15%h. Increase, 31.15%hh, Appendix p. 1772. Compensation for property acquired, 31.15%b. Condemnation of timber, sawmills, etc., 6911aa, Appendix p. 1784. Contracts, letting, etc., 31.15%g. Corporations to carry out act, 31.15%gg. Disposition of property on termination of act, 31.15%e. Person defined, 31.15%d. Possession and occupancy of property, 31.15% c. Reports to Congress, 31.15%f. Revolving fund, 31.15%i. Shipyards, 8146t. HOWARD UNIVERSITY Report of expenditures of appropriations, 3979. HUCKSTERs Not included in term “merchant,” 4293. HUDSON RIVER, - Anchorage regulations, 9947. Penalty for violation, 9948. , HULL FIBRE See Cotton. HULLS Inspector of, see Steam Vessels. Inspection of, how often to be made and What to embrace, 8172. IHUNTING Crater Lake National Park, prohibition, 5230 d. Glacier National Park, prohibition, 52480i. Lassen Volcanic National Park, regula- tions, 5249f. Mº Rainier National Park, prohibition, HUSBAND AND WIFE See Widows. Absence, polygamy, 10486. Aliens, temporary detention and admis- sion of wife or minor child of natural- ized alien, 4289%l. Allotment and family allowances of per- sons in military or naval service, 514 nnnn-514qq. Government employés killed in service, compensation to Widow or Widower, 8932ee. Homesteads, election between entries by husband, 4538a. Income tax deductions, 6336g[a]. Married women, accounts with postal sav- . ings depositories, 7583. • Bond as Postmaster, 7.193. Claims against United States, 1147. Limitations, 991(20). Limitation of Suits bonds, 1310. - Proof by wife upon abandonment by hus- band, 4538c. Right of action by married woman for in- jury from sale of liquors in District of Columbia, 342.1%m. On Marshal’s HUSBAND AND wiłł (Cont'd) sºrt of wife, discharge in bankruptcy, 60l. War risk insurance, compensation for death or disability, 514qqq-514ttt. Witnesses, prosecution for bigamy, etc., 1 e g Prosecution for violation of immigra- tion laws, 4289%bb. HYDRAUILIC MINING California. Débris Commission, 10004- Examination of mines by reports, 10024. Investigation by, 10009. Order directing method of mining, 10017. Penalty for violation, 10023. Permission to mine, 10018. Conditions, 10019. Modification or revocation of, 10022. Petitions by miners engaged in min- ing, 10013–10015. Common dumping grounds, expenses, 10020. Definition, 10012. “Mining by hydraulic process,” 10012. Forfeiture of rights, 10023. Injuries to navigability of rivers pro- hibited, 10007. Penalty, 10026. Injury to works, penalty, 10026. Limitation on quantity of débris washed away, 1002i. Permissible if without injury to naviga- bility of rivers, 10008. Pºns for common dumping grounds, 15. Prohibition against injuring navigability of rivers in territory drained by Sacra- mento and San Joaquin Rivers, 10007. Restraining, etc., works, where to be con- structed, 10020. Surrender to United States of right to regulate débris, 10014. Surveys, to determine effect of, 10010. Sites for débris resulting from, 10009. Tax on gross proceeds, 10017, 10027. HYDROGRAPHIC Draftsmen, salaries, 8561a. Engineers, appointment, 8562b. Relative rank when surveying with army or navy, 8562e. Salaries, 8561a. once, ºttached to bureau of equipment, allotment of Detail to, naval officers, 657a, 657b. 657bb, Appendix p. 1744. Disposal of money received from sale of maps, etc., 660. Establishment of, 656. Estimates and appropriations, Maps, charts, nautical books, cation and sale, 656, 658, 7.147. Publications of, printing of, 7163. Report of Geological Survey relating to hydrography, additional Copies of, dis- tribution, 7103. Surveys appropriation for foreign serv- ice, 6794. Publication of foreign, 7.148. HYDROMETER, Imported spirits, proof of determined by, 5614 6675. publi- For use by Commissioner of Internal Revenue, 5983. IETYGIENIC I/ABORATORY Advisory board, 9143. Pulletins of, number, editions, 7135. Cº. of divisions, appointment and pay, 9144. Detail of hospital attendants for service in, 9.139. Erection of building for, 91.42. Pay, 9145. HYPOTHECATION Federal reserve bank shares by members prohibited, 9789. Vessels, fees for, 8137, 8138. IRecording, 7778-7781. 8146r (4), Appendix p. 1790. ICE Purchase of for departments, 6833. IDAHO Deputy district clerks, 1063. Desert lands, sale, 4676. District attorney, 1347. Salaries, 1438. District clerks, 1063. District court, terms, 1063. District judge, 1347 Enlarged entries lands, 4569-4574a. of non-mineral, etc., GENERAL INDEx * IReferences are to secti HMHTATION WINES IDAHO (Cont'd) Grant to, of additional arid lands for rec- lamation, 4688, 46S9. Judicial districts, 1063. Jurors, fees and Imileage, 1453. Marshal, 1347. National forest, creation and addition, by acts of congress, 4524, 5135. Phosphate and oil lands, 4863-4865. Public lands, preference right of selection, 4877. Reclamation of arid lands by United States, 4700-4708. Registers and receivers, missions, 4473. Survey of lands granted to, 4876. Surveyor-general for, 4435, 4440, 4446. Location of office, 4446. Salary, 4440. Timber, cutting for certain purposes on public lands, 4992. On mineral lands, cutting for certain purposes, 4989. In. Wyoming, cutting for removal to Idaho, 4993. Town-sites, settlers to have right to pur- chase lots built upon, 4723. Witnesses, fees and mileage, 1453. IHO}ENTIFICATION Delivery of mail to persons not residents of place of address to escape identifica- tion, 7343. Payee of postal money order, 7566. , Persons claiming mail under fictitious name or address. 7341. HIDENTIFICATION TICRETS Of alien passengers, 4289%gg. IDIOTS See Insaºve Perso??.S. Aliens, employment on passenger vessels 4289%ss. Exclusion from United States, 4289%b. Claims against United States, 1147. Limitations, 991(20). Insane person includes, 1. ILLEGITIMIATE CHILDREN Allotments by persons in military or na- val service, 5140. Family allowances to persons in military or naval service, 514p. ILLINOIS Assistant district attorneys, northern dis- trict, salaries, 1441. . Deputy district clerks, 1064. Distrº.attorneys, eastern district, 1348– *}{}. First assistant, northern district, sal- ary, 1434. Northern district, salary, 1441. District clerk, 1064, 1407. District court, terms, 1064. District judges, eastern district, 1348. Northern district, 968. Judicial districts, 1064. I, and office abolished, 4515. Marshal, 1064. Deputies, 1064. Eastern district, 1348-1350. Silver fifty cent piece to commemorate one hundredth anniversary of admission as state, 6452a, 6452b. ILLINOIS AND MISSISSIPPI CANAL Bridges over, approval of plans, rights of way, etc., 9972. HILLUSTRATHONS Documents and reports, unnecessary, 7173. On field Operations of Soils Division of Agricultural Department, 7096. Printed at same time, 7152. . Engravings for Geological Surveys re- ports, necessity of specific appropria- tions, 7149. Numismatic books, etc., 10341. Restrictions on use of appropriations for printing and binding for, IMIBECHLES - See Idiots ; I??.S.C.?ve Perso?vs. IMITATION Food and drugs, 8724. Meat inspection, marks, IMITATHON BUTTER, See Oleo margarine. Transported into State, police powers, 8740. IMITATION CHIEESE See Filled Cheese. Transported into State, police powers, 8740. fees and com- exclusion when etc., 8711. etc., subject to etc., Subject to IHPage 2150] Internal revenue tax, 6110bſal. IMMEDIATE TRANSPORTATION ACT See Traºsportation. . Text of act, 5542, 5702, 5704. TMMIGRATHQN - See Alliens ; China-Chinese ; Com/mis- sioner-General of Immigration ; Conv- missioners of Immigration : Cooly Trade ; Venºte or District of Suit. . Accounts, ºxamination of by “Auditor, Settlement of, 420, 421. Accredited officials of foreign govern- ments excepted from provision of act, 4289141b. Acts, etc., of directors, etc., of corpora- tions, etc., deemed acts, etc., of corpo- rations, etc., 4289%tt. Acts repealed, 4289%u. Admission of aliens liable to exclusion on giving indemnity bond, 4289%kk. Aºts of states at immigrant stations, 0. Alien defined, 4289%a. - Aliens applying for admission from or through foreign contiguous territories, rules and regulations, relating to, 4289141mm. Aliens employed on vessels arriving from foreign ports, lists of, delivery to immigrant officers, 4289%t. Lists of, delivery to immigrant offi- cers, refusal of clearance of vessels until payment of fine, 4289%t. Aliens éxcluded, 4289%b. Anarchists, 4289%b. Asiatics from certain territory, 4289%b. Persons excepted, 4289%b. Children unaccompanied by parents, 4289%b. Chronic alcoholics, 4289%b. Contract laborers, 428914b. Exceptions, 4289%b. Convicts or felons, 4289%b. Epileptics, 4289%b. Idiots, 4289%b. Illiterates, 4289%b. Exceptions, 4289%b. Insane person, 4289%b. Iliteracy test, 4289%b. - Non-enumerated mentally or physical- ly defective persons, 4289%b. Paupers, 4289%b. Persons accompanying helpless aliens, 42.89%j. Persons advocating assassination of public officials, 4289%b. Persons advocating unlawful destruc- tion of property, 4289%b. Persons afflicted with loathsome or 5667, 5695-5698, 5700, dangerous contagious diseases, 4289%b. º * Persons afflicted, with tuberculosis, 428914 b. ſº Persons aiding or bringing in prosti- tutes, 4289%b. Persons deported within specified time, 4289%b. Persons disbelieving in organized gov- ernment, 4289%b. & Persons likely to charge, 4289%b. º Persons of constitutional psychopathic inferiority, 4289%b. g Persons whose passage is paid by an- other, 4289%b. } Political offenders, 4289%b. Polygamists, 4289%b. Professional beggars, 4289%b. Prostitutes, 4289%b. Readmission of aliens conscripted or volunteering for military Service, 428914bbb, Appendix p. 1776. Skilled laborer excepted in certain cases, 4289%b. Subjects of foreign governments whose passports are being used for unlawful purposes, 4289%b. . Vagrants, 4289%b. Amendment of laws on transfer to De- partment of Labor, 957. Assaulting, etc., of immigration agents, punishment, 4289%i. Bonds for control and regulation of ad- mission and return of aliens applying for temporary admission, 4289%b. Bringing in aliens affected with disease, etc., 4289%.e. Bringing in or harboring or concealing certain aliens, 4289%dd. become public ons, except where otherwise indicated.] IMMIGRATHON (Cont'd) Bureau of Immigration and Naturaliza- tion, contracts, 959. Details of officers, 959. Divided, 961. Division of Information, 960. Estimates, 6730. Documents allotted to officers, Stat- utes at Large, 7072. Estimates, 6730. Inspectors, 937. - Motor vehicles, purchase, etc., 960a. 960a, Appendix p. 1745. Reports, printing, number of copies, distribution, 7137. Rules and regulations, 959. Superintendent designated as Com- missioner-General, 955. Transfer to Labor Department, 857, 859, 934, 935. * ~ Certificate, compliance with posting of immigration laws by steamship compa- Inies, etc., 4257. Certificates of medical examination of im- migrants by officers of vessels, 4289%gg. Compromise or settlement of suit or pro- ceedings under act, 4289%p. Contract laborers, advertisements of em- ployment, 4289%.co. * - Details for enforcement of 4289%Oo. Forfeitures for importation, 428914c. Prepaying transportation or assisting importation, 428914 c. Cooly trade, 4342–4350. Deportation, alien seaman landing con- trary to provisions of act, 4289%.s. Bond for release of alien pending dis- posal of case, 4289%k. Burden of proof, 428914.jj. Cost of, how paid, 4289%k. Immediate deportation of aliens brought to United States in viola- tion of law, 4289%j. Cost of maintenance and return, 428914.j. Detention of insane, 428914.j. Refusal of clearance to vessels un- til payment of fines imposed, 4289%j. Refusal to pay costs of return, etc., 4289%j. Refusal to receive back on vessel, act, 428914.j. Suspension of where testimony is necessary in prosecutions, 4289%j. Personal attendance for deported al- iens requiring same, 4289%k. Place of return, 428914 k. Within specified time of aliens enter- ing into or found in United States in violation of law, 4289%jj. Wife or minor child of naturalized al- ien, 4289%l. Detail of inspectors and officers of immi- gration service on vessels carrying im– migrants between foreign ports and United States, 428914ff. Detail of officers of Public Health Service for duty in foreign countries in connec- tion with immigration service, 959. Detention of aliens for observation and examination, 4289%f. --- Discontinuance of suits or proceedings under act, 4289%p. Discrimination in rules and contracts for entry and inspection of aliens from con- tiguous countries, 4289%mm. Dºbution among states and territories, Employment on vessels of aliens afflicted With idiocy, etc., detention of aliens, 428914ss. Penalty, 428914ss. Refusal of clearance of vessels until payment of fines, 428914ss. Estimates for expense of regulating, 6731. Exclusion of Chinese, 4290-4341. Head tax, amount, 4289%aa. Covered into treasury as miscellane- Ous receipts, 4243. Enforcement of payment, 428914a a. Exemptions from, 4289%aa. Feeble minded persons, 428914b. Lien on vessels, etc., 428914.a.a. Philippines, payment to insular treas- urer. 3911, 428914 a.a. Refund when erroneously collected, 958, 4289%aa. Identification tickets for aliens entering, 4289%gg. GENERAL INDEX IMMIGRATION (Cont'd) * Immigrants stations, attendants, Appendix p. 1798. Disposal of privileges, 4289%pp. Interior Stations, establishment, 4289%.m. Jurisdiction of state and local Officers and courts over, 4289%q. Sale of intoxicating 4289%pp. Inspection of alien passengers upon ar- rival, 4289%hh. Not considered as landing, 4289%hh. Punishment for refusal to comply with, 4289%hh. Temporary removal for examination, 4289%hh. Expenses of, 4289%hh. Responsibility for safe keeping of, 428914.hh. s Inspectors, appointment, etc., 4289%OO.' Appointment of boards of special in- quiry, 4289%ii. Authority to administer oaths, 4289%i. Challenge of decision by other inspec- tors, 4289%i. Compensation, 4289%00. Detail on vessels carrying immigrants between foreign ports and United States, 4289%ff. Duty in Bureau of Immigration, 937. Free transportation, 8563. Medical examination of alien passen- gers, 4289%i. Report of condition of vessels bringing in aliens, 4289%f. Reports, 4289%f, 4289%ff. Subpoenas for witnesses, 4289%i. Warrants of arrest for violation of Chinese Exclusion Act to be issued on complaint of, 4334. International conference for regulation of, calling of, 4289%inn. Special commissioners for, 4289% nn. Isthmian Canal Zone, immigration laws not applicable to aliens entering, 4289%a. - Laws applicable to from, 5323. Jurisdiction of suits and prosecutions, 991(22), 4289%p. Jurisdiction over transferred to Secretary of Labor, 858. Landing excluded aliens employed on Ves- sels, 4289%r. Landing to allow reshipping, 4289%rr. Paying off or discharging excluded aliens, 4289%rr. - Landing of aliens excluded as diseased prohibited, exceptions, 4289%j. Landing stations for landing of alien pas- sengers transported from Canada, or Mexico to United States, 5289%ll. Laws, posting by agents of steamship companies, etc., 4257. Lease of office quarters at Montreal, 4281a. 4281a, Appendix p. 1776. Liens, fine for failure to post immigration laws to be a lien on vessel, 4257. Lists of alien passengers arriving or de- parting, delivery to immigration offi- 9189a, liquors at, persons coming cers by masters of vessels, 4289%g." Description and statements in, 4289%g. Grouping of aliens in, 4289%gg. Refusal of clearance of vessel, until filing, 4289%g. - TJntil payment of fines imposed, 4289%h. Refusal or failure to furnish, 4289%h. Verification, 4289%gg. Matrons, detailed on vessels carrying im- migrants, 4289%ff. . M; Vehicles, purchase and payment, a. 4. Notification of immigration laws ºntº of Steamship companies, by etc., Offenses and penalties, advertisements, etc., promising employment to aliens, forfeitures, 428934cc. Advertisement, etc., promising employ- ment to aliens, punishment, 428914cc. Assault, etc., on official or employé, 4289%i. - Assisting, etc., certain aliens to enter, punishment, 428914 m. Assisting, etc., importation of contract laborers, forfeitures, 428914c. Punishment, 428914c. Rewards to informers, 428914c. Separate prosecutions, 4289% c. Bringing, etc., into United States, aliens afflicted with diseases, etc., forfeitures, 4289%.e. [Page 21511 IMMIGRATION (Cont'd) Offenses and penalties (Cont'd) Bringing (Cont'd) Refusal of clearance of vessels un- til payment of fines, 4289%.e. Bringing, etc., into United States, aliens, not duly admitted, etc., 428914dd. Bringing, etc., into United States, ex- cluded Asiatics, forfeiture, 4289%.e. Refusal of clearance of vessels un- til payment of fine, 4289%.e. Bringing, etc., into United States, il- literates, forfeitures, 4289%.e. Refusal of clearance of vessels un- til payment of fines, 4289%.e. Bringing, etc., into United States, So- licited aliens, forfeitures, 4289%d. Presumption as to knowledge of alienage, 4289%d. Punishment, 4289%d. Refusal of clearance of vessel until payment of fines, 4289%d. Refusal of privilege of landing im- migrants, 4289%d. Compromise or discontinuance of suit, 4289%p. Dangerous or deadly weapon, use in resisting official, etc., 4289%i. Employment on passenger vessels of aliens afflicted with idiocy, etc., 4289%.Ss. Examination of alien passengers, in- terference with, 4289%i. Failure to post immigration laws by Steamship companies, etc., 4257. Failure to prevent landing of aliens at time or place other than desig- nated, lien on vessel for fine im- posed, 4289% ee. Punishment, 4289% ee. Harboring or soliciting aliens not duly admitted or entitled to enter, pun—' ishment, 4289%dd. Importation for prostitution or im- moral purposes, attempting to return after exclusion or depor- tation, punishment, 4289%bb. Jurisdiction, 428914 bb. Punishment, 4289%bb. Testimony of husband or Wife ad- missible, 428914 bb. Inspection of alien passengers, failure or refusal to comply, 428914.hh. Interference with officers, 4289%i. Landing excluded aliens employed on vessels, 4289%r, 4289%rr. Landing stations for passengers from Canada or Mexico, failure to provide, 4289%ll. Lists of alien passengers, failure or refusal to furnish, 4289%h. Lists of aliens employed on vessels, failure to deliver, 4289%t. Paying off or discharging excluded alien employed on vessel, 4289%rr. Payment to informer, 4246. Perjury, 4289%i. Prepaying transportation of contract laborers, forfeiture, 4289%.c. Punishment, 428914c. Rewards to informers, 428914c. Separate prosecutions, 4289%.c. Refusal to receive back on vessel, etc., 4289%j. Signing aliens on ship’s articles with intent to permit landing in violation of law, 4289%qq. Solicitation of immigration by trans- portation companies, etc., adver- tisements permitted, 4289%d. Forfeitures, 4289%d. Presumption as to knowledge of alienage, 4289%d. Punishment, 4289%d. Refusal of clearance until payment of fines, 4289%d. Refusal of privilege of landing im- migrants, 4289%d. Office at Montreal, lease, 4281a. 4281a, Appendix p. 1776. Officers, appointment, compensation, etc., 4289%00. A Detailed to investigate aliens in peni- tentiaries, 959. Duties of, 4289%O. Inspection of alien passengers on ar- rival, 4289%hh. Lists , of aliens employed on vessels from foreign ports delivered to, 4289%t. Verification of lists of alien passen- gers, 4289%gg. [References are to sections, except where otherwise indicated.] IMMIGRATION (Cont'd) Oriental countries, involuntary, prohibit- ed, 4342–4350. º Passports, use by holders to detriment Of labor, 4289%b. Person defined, 428914tt. Philippines, laws administered by insular officers, 3911, 4289%a. Physical and mental examination of alien paSSlengers, appeals to board of medical officers of Public Health Service, 428344i. w Boards of Special inquiry, appeals to Secretary of Labor, 4289%ii. Appointment OI’ designation, 4289%ii. Authority, 4289%ii. Decisions, 428914 ii. Detention of aliens for examina- tion by, 4289%i. Hearings, 4289%ii. Number of members, 428914ii. Records, 428914ii. Representation of sel, 4289%i. Detail of officers of Public Health Service, 4289%i. Detention for examination by board of special inquiry, 428914i. Appeals to Secretary of Labor, 4289%i. - Examinations by immigrant tors, powers, 4289%i. Perjury, 4289%i. Regulations, 4289%i. By , whom made, 4289141. Witnesses, 428954i. Posting of immigration laws by agents of steamship companies, etc., 4257. Readmission to United States of aliens Conscripted or volunteered for military Service, 4289%bbb, Appendix p. 1776. Records of resident aliens and citizens leaving United States through Canada or Mexico for permanent residence in foreign country, 428914g. Registry of immigrants, 963. Regulation and restrictions in general, 4241–4289%u. Relief of aliens, contracts, 959. Repeal, pending prosecutions, etc., saved, 4289%u. Reports, of aliens illegally landed, etc., 4289%t. Of companies of vessels bringing aliens to United States, 428914f. Of passengers arriving in United States, 306. Rules for entry and inspection of aliens, Seaman defined, 428914a. Service, advances for subscriptions for publications. 6651. Pººl for service in foreign countries, Detail to investigate aliens in peniten- tiaries, etc., 959 Tº terred to Labor Department, 934, 9. aliens by coun- inspec- Signing aliens on ship's articles with in- tent to permit landing in violation of laws, penalty, 4289%qq. Skilled labor, 428914 b. Solicitation by transportation COmpanies 4289%d. 3. sº not to impose unequal charges On, Surgeons, detailed for duty for service in foreign countries, 95 Suspension in case of epidemic, 9162. Temporary detention and admission or deportation of wife or minor child of naturalized alien, etc., 4289147. Time of taking effect of act, 428914 u. United States defined, 428914 a. United States district attorneys, duties of, 4289%.p. Vehicles, purghase and payment, 960a. IMMIGRATION ACTS See I’m ºvigration. . IMMUNITIES - Citizens (Const. art. 4, § 2, cl. 1). Abridgment prohibited by (Const. am. 14, § 1). Review of decisions of state courts, 1214. Witnesses anti-trust prosecutions, 8580. Federal trade commission, 8836i. Interstate commerce prosecutions, 8580. Wºes. United States Shipping Board, Il. States GENERAL INDEX IMMUNITY ACTS - - see Common Carriers; Monopolies. Trusts and Interstate Commerce, 8577, 8580. * . . . IMPATRING OBLIGATION OF CON- TRACTS 2.' " - - - See Constitution of United States. Philippines, 3810. . . . - Porto Rico, 3803aa. IMPEACHMENT . Grounds (Const. art. 2, § 4). Judgment, extent and effect 1, § 3, cl. 7) - Jury trial not required (Const. art. 3, § 2, . 3). . 1 * Cl . - Persons subject to (Const. art. 2, § 4). (Const. art. Power vested in House of Representatives | (Const. art. 1, § 2. cl. 5). - - - President cannot pardon (Const, art. 2, § 2, cl. 1) - . Président of United States, Chief justice to preside (Const. art. 1, § 3, cl. 6). Senate, trial by (Const. art. 1, § 3, cl. 6). Trial by Senate (Const... art. 1, § 3, cl. 6); Two-thirds vote necessary to (Const. art. 1, § 3, cl. 6). IMPLIED REPEAL See Repeal. . HMPORTS AND IMPORTATION See Appraisal : Appraisers, Warehouses ; Collection Districts 3 Collection of Duties on Imports, Col- jectors; Court of Customs Appeals; Customs D'ulties ; #ntry of Merchändise ; Eºports and Eacportation ; Federal Trade Com/mis- sion and Unfair Competition. ; Geº. eral Appraisers; Insecticides and Fungicides ; Invoices; Opium 3 Plants, Surveyors of Customs, Tea. Adulterated drugs, medicines and chem- i. icals, 5356. - - Alaskā, intoxicating liquors, 3643hh, 3643p. Annual reports, 879. . . . Ascertained and estimated by President, 5315. * From British North America, how trans- ported to ports from which exports may 5e made with allowance of drawback, 5756. - - . . , , Canal zone, articles from subject to dul- ties, 5323. . . " - ~ Cattlé, diseased, etc., penalty, 8684. . . importation, except at quarantine ports prohibited, 8687. Inspection of, 8689. - Prohibited, exceptions, 5302, 5303. Quarantine of, 8686. - Suspension, 8688. . . . . Tick-infested cattle, 8685, 8689a. Certain articles into United States, proc- lamation of President, 31.15%f. . Certain injurious bird; and animals pro- hibited, 10411. - Cigarettes, packages, 6202a. ... How stamped, etc., 6202, 6202a. Cigars, how packed, 5500. - Stamps to be affixed, 6205, 62.11. Concealing or destroying invoices, etc., 10232. - - - Congress’ power to regulate. (Const, art. 1, 8, cl. 3). - citieſ made goods not to be imported, 5304 - - Report, 948. - Copyright, articles bearing false notice excluded, 9551–9552. Books not printed in United States excluded, 9552. Counterfeit plates of foreign securities, etc., 10331 - - Cuban products, regulations and fees, 5325. Customs duties on, equal to bounty by foreign government, 5296. - Customs officers not to engage in impor- tation, 5379. - - Distilled Spirits, 8739b. - Prohibition, 31.15%l. , - - Dutiable goods in public vessels forbid den, 2973. - Eggs of game birds prohibited except for propagation, 822, 52916478). Explosives, license of, 31.15% ee. . False certificate by consular officer, 10238. Falsely stamped articles made of gold or silver, 8805-88.11. - Federal reserve banks, drafts and bills of exchange on import— ed goods, 9796 (5). - - Filled cheese, tax, stamps, brands, g etc., [Reference convict Bonded Customs Officers ; acceptances of | [Page 21521 s are to sections, except where otherwise indicated.] HMPORTS AND IMPORTATION (Cont'd) charges for storage, Food and drugs, Cartage, etc., 8727. - - Delivered to consignee on bond, 8727. Destruction, 8727. 2 Refusal of admission on delivery, etc., Samples for examination, 8727. Suspension of importation of adulter- ated food, 8731. - Foreign vessels, discriminating duty On goods imported in, 5305. Forfeiture, articles imported in violation of copyright laws, 9553. . Rejected teas reimported, 8794. , Forging customs entry certificates, 10231. Fºur seal and sea otter skins illegally tak- en, 8841. . * . Grain and seeds, adulterated or unfit for seeding prohibited, 8744. In bond, 8744. sº º * . Grain brought from Canada to be ground not deemed imports, 1520, 5320. - Insecticides and fungicides, 8766–8776. Internal revenue tax on imported tobac- co to be in addition to duty, 6186. Licenses, 31.15%g. - Lottery tickets, etc., 10407, 10415. Malt liquors, President may 31.15%l. - - Manner of importation, 5807. * - 5297, Mººns articles tand pagkages, 52% 8. - - Matches, manufacturers of white phos- phated not permitted entry, 52910345). Materials for medicinal preparations, per- fumery, cosmetics, etc., may be re- moved for manufacturing into bonded warehouse without tax, 6339. . Meat Inspection and Food and Drugs Act applicable to, after entry, 52910545). Merchandise, from contiguous countries, inspection, 5812-5814. . except, 5522. * With unlawful trade-mark excluded, Migratory game and insectivorous birds, etc., 8837d., Appendix p. 1795. ; Mixed flour, tax in addition to duty, 6264. Obscene matter, 5299, 10407, 10415. Aiding, 10271. r . . . . . Officer importing, punishment, 5300. Oleomargarine, penalties for release, by customs officers without payment Qf tax or sale of packages not stamped, etc., 6222. . Tax in addition to duty, 6222. - Ores, 5617. I'hilippine manufactures, internal revenue tax, 5294. . Piant Quarantine Act, 8752–8764. Plates to print notes without authority, etc., 10320. Playing cards, tax in addition to duty, 6318. Porto Rico, 3749. . Intoxicating liquors, 3803a.a. - Prohibited by President, from certain countries during foreign war, 8836G, From countries discriminating agains United States, 5319, 8836p. , , Railroad iron under bond for remanufac- ture, 5725. Regulating power of 1, § 8, cl. 3). Reports by consuls, 3168. Congress (Const; art. Restricted to vessels of United States Or country of origin, 5306, 5307 Sale of goods at less than foreign market value, prohibition, etc., 8836m. Amount recoverable in suit, 8836m. . . Secretary of Treasury to direct superin- tendence of collection of duties and taxes, on imports and tonnage, 382. Securing false entry of goods, 10237. etc., Slaves, power. Of Congress (Const. art. 1, § 9, cl. 1). sºment of, by Secretary of Commerce, States, duties exceeding inspection cost prohibited (Const. art. 1, § 10, cl. 2). Statistical list, 5523. . Suspension in case of epidemic, 9162. Tea, 8786-8796. - Tokens similar to coins, penalty, 40341. Transportation of, to British North Amer- ican provinces, how made, 5757. Transshipment of imported merchandise for immediate transportation, 8098. Trusts, etc., in restraitat of import trade, $831–8836. . license, Not admitted to entry without invoice, | Additional tax, IMPORTS AND IMPORTATION (Cont'd) Vessels and vehicles used for, on certain frontiers, 5808. . . . . . Virgin Islands, internal revenue tax on articles imported from United States into, 6340a. - - Viruses, serums, toxins, etc., 8778–8785. For domestic animals, 8785. - White phosphorus matches forbidden, 6280. Wines, Collection of duty on re-importa- tion of domestic Wines exported, 6116. HMPOSTS 3. Congress, power to 8, cl. 1). States not to impose under quarantine regulations, 9150. • Prohibition over inspection (Const. art. 1, § 10, cl. 2). Uniformity (Const. art. 1, § 8, cl. 1). HMIPRESSMENT OF SEAMEN . . levy (Const. art. 1, §. costs Report to Secretary of State, 8376. IMPRISONMENT - . Appeals by persons imprisoned, time for taking, 1649. . . . ' . Consular Courts, authority, 7646. For debt, not allowed in States Where abolished, 1636. Philippines, 3810. Porto Rico, 3803aa. - Discharge from for non-payment of fine Or fine and costs, 1706. - By Postmaster General, in civil cases under Post-Office Department laws, 602, 603. - By president, 6378. By Secretary of Treasury, As by State laws, 1637. º, Execution to enforce payment of fine, etc., not a discharge from, 1705. . Foreign public ministers thereof, 7610-7614. Fugitives from justice, 1675. Habeas corpus, 1279–1293. 6377. or servants . Non-payment of fines or costs, 52T2. Discharge, 1705, 1706. Offenders, against United States, commit- ment, 1674. % º Power to impose, 1245. - Privilege of jail-yard in cases of, 1638. | Special bail may be taken in States, where imprisonment for debt is not abolish- ed, 1568. - IMPROVEMENTS Rivers and harbors, see Rivers and Harbors. • - Abandoned military reservations, apprais- al and sale, 5005. Federal controlled transportation Sys- tems, 31.15%f. - - Income tax, deductions for, 6336][a]. - By Indians, to be included in the allot- ment in severalty, 4196. Mining claims, 4620. In Alaska, 5051. Platt National Park, 5243, •, Appraisal, 5243, 5244. Remº, from forfeited railroad 5244. lands, By homestead settlers in Greer Coun- ty, Oklahoma, 5040. Reports as to, 28.136. Rivers and harbors, 9863-9908. . . . Pººvation and protection of, 9.909– | IMPURE TEA IMPORTATION ACT See Tea. Text of act, 8786-8796. INAUGURATION U.” public buildings for, restricted, INAUGURATION DAY - Hºy in government printing office, INCEST Punishment, 10490. INCLOSURE - - Unlawful, of public lands, 4997-5002. IN (C4DME TAX Addiº. agents, etc., for collection of, jö992,. 5859a, Appendix p. 1778. - joint stock companies, fraudulent accumulations, 63.36c. Administrative provisions of internal rev- enue law applicable, 6336 u. Alaska, railroads, 3593e. Annual returns of persons liable, 5896. Appeal from collector of internal revenue to commissioner of internal revenue, * 6336r. - * . - GENERAL INDEX [Reference INCOME TAX (Cont'd) - . Aºrtionment unnecessary (Const. 16). Assessment, tax assessed under former act not reassessable, 6336x. Bonds of War Finance 31.15%i. Books, compelling production of, 6336s. Brokers, returns by doing business On ex- changes or boards of trade, 6336XXX. Collection, additional chiefs of divisions, clerks, supplies, etc., 364a. Consistent provisions of internal revenue law applicable, 6336 u. Corporations, additional tax on net in- come, computation, levy, assessment, collection and payment, 6336.jj. Additional tax on total net income re- maining undistributed six months after end of calendar or fiscal year, 6336j. Amount, 6336.j. Assessment insurance companies, de- posits treated as payments to re- serve funds, 6336l.[c]. Assessment, notice, 6336n [a]. Time for, 6336m [a]. . Computed on net income, 6336mſal. Deductions, 6336![a], [b]. Assessment insurance companies, deposits treated as payments to reserve funds, 6336!IC]. Premiums on life insurance poli- cies on lives of officers, etc., of corporation, etc., not to be de- ducted in computing net income, - 633627. - Dividends defined, 6336Z. . Distribution deemed to have been made from most recently accu- mulated undivided profits, etc., . and counted as part of anxiu aſ income of distributee, 6336Z. Returns, form and contents, 6336xx. a.II 1. Corporation, Domestic corporations, deductions, 6336][a]. Mode of ascertaining net income, 6336][a]. . Exemptions, 6336|Kſa] Fiscal year. §§§36mſal, 6336x. Foreign corporations, deductions, 6336/Tbi. Mode of ascertaining net income, 6336][b]. Income employed in business, 6336.j[b]. Income invested in obligations of United States, 6336j[b]. Inspection of returns as public rec- ords, 6336mſb]. Interest, added in case of failure to pay, 6336n [a]. Obligations, deductions, 6336![a, b]. income, domestic corporations, mode of ascertaining, 6336lſal. Foreign corporations, mode of as- certaining, 6336![b]. - What constitutes, 6336j. Notice of assessment, 6336nſal. Payment, time for, 6336nſal: Net Exception in case of fraudulent return or failure to make, 6336mſal. - Penalty, addition to tax for failure to pay on time, 6336nſa]. Failure to make return or render- ing false return, 6336nſc]. Frovisions as to deduction of tax from income of nonresident alien individuals made applicable to income of nonresident alien Cor- porations, derived from divi- dends of domestic corporations, etc., 6336mſf]. Derived from interest on bonds, etc., 6336mſel. Public utilities of state not affected, 6336|KIb]. ” Refund, claim for, 6336nſal: - Returns, accounts kept on basis other than of actual receipts and dis- bursements, 6336mſd]. Assignees, 6336mſcl. Commissioner to make in case of fraudulent return or no return, 6336nſa]. . Dividends, form and contents, 6336xx. Extension of time for filing, 6336nſc]. - Filing in office of commissioner of | internal revenue, 6336m[b]. Fiscal year, 6336mſa]. public records, [Page 2153] s are to sections, except where otherwise indicated.] INCOME TAX (Cont'd) Corporations (Cont'd) Returns (Cont'd) Form and contents, 6336mſb]. Marine insurance companies, what to include, 6336lſa], [b]. Penalty for failure to make or for rendering false return, 6336nſc]. Place, 6336m [b]. Public records, inspection, 6336nſb]. Receivers, 6336mſc]. Time for, 6336m[b]. To whom made, 6336mſb]. Transmission to commissioner of internal revenue, 6336m [b]. Trustees in bankruptcy, 6336mſc]. - Verification, 6336mſb]. Sale or disposition of property, mode of ascertaining gain or loss from, 6336j. - - States, not to on, 6336]*[b]. Definitions, 63360. - District courts to have jurisdiction to compel attendance of witnesses and pro- duction of books, 6336s. Effective date of act, 6371b. Estates, 6336Db]. . Evidence, receipts as, 6336p. Excess profits tax, 6336%a-6336%0. Exemptions, incomes of foreign govern- ments from investments in United States stocks or bonds, etc., 6336 yyy. Federal reserve banks, tax exemption, 9791(3). … -- - Gas wells, returns, annual depreciation. act relating to burden of proof in Suits fºrecover tax paid not to apply to, Gº! administrative provisions, 63360- X. Individuals, additional tax, aliens, income of non-resident aliens derived from source without United States not in- cluded, 6336aſb]. Additional tax, applicable to entire incomes, 6336aſc]. Associations, dividends of Subject to, 6336a.[b]. - Fraudulent accumulations, 6336C. Names and addresses of share- holders to be given. On re- quest, 6336c. Statement of gains and profits, 6336C. Undistributed profits to, 6336c. Corporate dividends, 6336a.[b]. Corporations, fraudulent accumu- lations, 6336c. Names and addresses of share- holders, to be given by On request,. 6336c. - Statement of gains and profits, 6336c. Dividends on capital stock or net earnings of corporation, joint stock company or association, etc., 6336aſb]. º: Estates of decedents, 6336bſb]. Evidence, accumulations as prima facie evidence of fraud; 6336c. Fraudulent accumulations, 6336c. Graduation in accordance with amount of income, 6336aſb]. Insurance companies, accumula- tions, 6336c. Dividends of 6336aſb]. Names and addresses of share- holders to be given on re- quest, 6336c. Statement of gains and profits, 6336C. Undistributed profits subject to, 6336c. - Joint stock companies, of subject to, 6336a.[b]. Names and addresses of share- impose loss or burden subject subject to, dividends quest, 6336c. Statement of gains and profits, 6336C. Undistributed profits subject - to, 6336c. * * * 3. Names and addresses of sharehold- ers in corporations, etc., may be required, 6336c. Normal tax, amount, 6336aa. Computation, levy, assessment, Collection and payment, 6336iii. s: - . Incomes included, 6336aaa. holders to be given on re- INCOME TAX (Cont'd) Individuals (Cont'd) - Additional tax (Cont'd) Profits, undistributed profits sub- ject to, 6336c. Statement of gains and profits by Corporations, etc., 6336c. Trust estates, 6336bſb]. . Undistributed profits, 6336c. Administrators, indemnity to on pay- ment, 6336bſb]. Withholding tax at source, deduc- tions and exemptions, how ob- tained, indemnity, personal lia- bility, 6336iſb]. . Application for deductions and ex- emptions, 6336iſb]. Assessment, additional tax, 6336iii. Commissioner of internal revenue to make, 6336iſa]. Estates of decedents, personal rep- resentative to assess, 6336bſb]. Failure to make returns, addition- al amount as penalty, 6336iſa]. False Or fraudulent returns, 6336iſa]. - Trust estates, trustees to assess, 6336bſb]. Associations, withholding tax at Source, indemnity, personal liability, 6336iſb]. - Citizens and residents, deduction, 6336e[a]. Collection, additional tax, 6336.iii. Restraint of property of non-resi- dent alien, 6336gſb]. Computed on income in preceding cal- endar year, 6336hſa]. Conservators, withholding tax ... at Source, indemnity, personal liability, 6336iſb]. : Contingent interests, 6336bſb]. Corporations, undistributed profits of, subject to, 6336c. - Withholding tax at source, indem- nity, personal liability, 6336iſb]. Credits allowed, 6336e[b, c]. ' s Non-resident aliens, 6336fIbi. Deductions, citizens and residents, 6336e[a]. +. . Non-resident aliens, 6336fſa]. Partnership, 6336.h Del. Premiums on life insurance poli- cies paid on lives of officers, etc., of corporation, etc., not to be de- ducted in computing net incomes, 633627. When payment is made at source, agents may make application for, 6336iſb]. hen tax is withheld at source, application, etc., 6336iſb]. Distributee, COmputation of 6336b.[b]. Dividends, defined, 6336Z. On capital stock, etc., returns to include, 6336h. - Of corporations taxable on net in- come, 6336eſbj. . - Employers, withholding tax at source, indemnity, personal liability, 6336iſb]. Estates of decedents, 6336bſb]. - Indemnity to personal representa- tives on payment, 6336b [b]. Executors, indemnity to on payment, 6336bſb], 6336iſb]. . Withholding tax at source, deduc- tions and exemptions, how sob- tained, indemnity, personal lia- bility, 6336iſb]. + Exemptions, 6336d. Additional tax, 6336iii. Estates of decedents, 6336g. Guardians or trustees, 6336g. Normal tax, 6336g. Taxes withheld at source, 6336iſc]. When tax is withheld at source, application, etc., 6336iſb]. Exemptions when payment is made at Source, agents may make application for, 6336iſb]. . Fiduciaries, indemnity to on payment, 6336bſb]. . Gain derived from sale of property, how determined, 6336bſc]. . . . Héad of family, exemptions, 6336gſa]. . Husband and wife, 63369. -- Indemnity, persons withholding tax at source, 6336iſb]. ºr . - Indemnity to trustees, executors, ad- ministrators and other fiduciaries on payment of tax, 6336bſb]. tax g 6336bſb]. GENERAL INDEX INCOME TAX (Cont'd) Individuals (Cont'd) Insurance companies, withholding tax at sourge, indemnity, personal lia- bility, 6336iſb]. Interest, failure to 6336iſa]. make returns, False or fraudulent returns, 6336i | [a]. - Joint stock companies, withholding tax at source, indemnity, personal liability, 6336iſb]. Lessees, withholding tax at Source, in- demnity, personal liability, 6336iſb]. License to persons collecting payment of foreign interest, etc., by coupons, checks, etc., 6336iſfl. - Life insurance, exemptions, 6336d. Mortgagors, withholding tax at source, indemnity, personal liability, 6336i [b]. . Net income, citizens or residents, computation, deductions, 6336e. Determination of, 6336b. - Nonresident aliens, computation, deductions, 6336f. Deductions, filing of returns as condition precedent to allow- ance of, 6336f. . What constitutes, 6336b. Non-resident aliens, credits, b, c]. Deductions, 6336fſa], 6336iſb]. I)istraint for tax, 6336fſc]. Dividends, 6336hſf]. Personal exemptions, conditions on return of total income, 6336fſc]. Returns, 6336f(c]. Withholding at source, 6336iſb, c]. Normal tax, aliens, 6336aſa]. Amount, 6336aſa]. Apºsable to entire income, 6336a [c]. - Corporations, interest on bonds of, subject to, 6336a [a]. Credits allowed, 6336eſb, c]. Dividends on stock or earnings of corporation taxable on net in- come, credit for, 6336eſb]. Bºstates of decedents, 6336b [b]. Exception from provision relating to deductions and withholding at source, 6336iii. Exemptions, 6336g. Reduction, 63.36.iii. Interest on bonds, notes, etc., 6336a [a]. When withheld at source, 6336i 6336f C]. Non-resident aliens liable, 6336a. [a]. - Personal exemptions, condition- ed on return of total income, 6336gſb]. Paid or withheld at source credit for, 6.336eſc]. Personal returns profits, 6336iſg]. - Residents liable, 6336aſa]. Trust estates, 6336bſb]. ” Withheld at source, on fixed deter- minable, or annual periodical gains, etc., from interest. On bonds, mortgages, etc., of corpo- rations, etc., 6336iſc]. - Withholding payment at source, 6336iſbj, Notice of amount, 6336iſa]. Offenses, collection of foreign pay- ments of interest, etc., without li- cense, 6336iſf]. e Officers of United States, withholding tax at source, indemnity, personal liability, 6336i [b]. Partnerships, deductions, 6336hſe]. Liable only in individual capacity, 6336hſe]. Returns, 6336hſe]. Withholding income at source, in- ºniº, personal liability, 6336i bl. Time for, 6336iſa]. Payment, at source, 6336iſb]. Credits, 6335eſc]. Fixemptions, how obtained, [C]. Indemnity, 6336iſb]. Penalty for failure not to apply where tax is paid, 63364. Payment of additional tax, 6336iii. Indemnity to fiduciaries, 6336bſb]. Penalties, collecting foreign payment of interest, etc., without license, 6336iſf]... : on gains and 6336i [Page 21541 INCOME TAX (Cont'd) Individuals (Cont'd) Penalties (Cont'd) - - Failure to make returns, 6336iſa]. Fº or fraudulent returns, 6336i at #. Fraudulently obtained deductions Or exemptions when payment is made at source, 6336iſb]. Personal exemptions, amount, 6336g. Personal liability of persons withhold- ing tax at source, 6336iſb]. Receivers, withholding tax at source, #emnity, personal liability, 6336i Release of amounts deducted and held at Source by withholding agents, 6336ii. Returns, accounts kept on basis oth- er than actual receipts and dis- bursèments, 6336h [g]. Additional tax, 6336iii. Administrators, 6336h [c]. Agent may make, 6336h [b]. Conservators, 6336hſc]. Dividends, 6336h [f]. F}xecutors, 6336hſc]. Extension of time for filing, 6336.h ... [b]. - Failure to make, penalty and in- terest, 6336iſa]. - False or fraudulent return, penal- ty, interests, 6336i [a]. Fiduciaries, 6336hſc]. Form and contents, 6336 h[b]. Guardians, 6336hſc]. Income derived from dividends on capital stock or earnings from corporations, etc., to be included, 6336]h [f]. - Joint fiduciaries, 6336.h ſcI. Partnerships, 6336hſe]. - Personal returns where payment is not made at source, 6336iſg]. Receivers, 6336hſc]. Tax computed on income received in preceding calendar year, 6336 h [a]. Trustees, 6336hſc]. Sales of property, gain derived from, how determined, 6336b [c]. Trustees, withholding tax at source, in- demnity, personal liability, 6336iſb]. Trust estates, 6336b [b]. Indemnity to trustees on payment, 6336bſb]. Unborn persons, income accumulated in trust form, 6336bſb]. Wills, income held for future distri- bution under terms of, 6336b [b]. Withholding at source, 6336iſb]. Release of amounts deducted and withheld, 6336ii. - Jurisdiction of district courts, to compel attendance of witnesses and production of books, 6336s. - List of property subject to, verification, 5896. - Oil and gas wells, returns, annual depre- ciation, act relating to burden of proof in suits to recover taxes paid not to ap- ply to, 5948. - Partial invalidity, effect, 6371a. Payment at source, act requiring internal revenue collections to be covered into treasury not to affect, 5933. Payment, certificates of indebtedness re- ceivable for, 6336:10. \Jncertified checks 63360 q. - * Payment in advance, credits against taxes paid in advance, 633600. Penalties, 633600. Refund of excess, 633600. Penalty, failure of individual to make re- turn or pay taxes, 63360. - - Failure to pay tax at source, not to apply where tax is, paid, 6336d. False return by individual or corpo- rate officer, 63360. Philippine Islands, amendment; etc., of income tax laws in force in by leg- islature thereof, 6336VV. 'Extension of act to, 6336V. Provisions not applicable, 6336VV. - Porto Rico, amendment, etc., of income tax laws in force in by legislature thereof, 6336vv. - Extension of act to. 6336V. provisions not applicable, 6336vv. Railroads in Alaska, 3593e. Receipts for taxes paid, 6336p. Evidence, 6336p. " * * Surrender of receipts to creditor, 6336p. receivable for, [References are to sections, except where otherwise indicated.] INGOME TAx (Cont'd) Repeal, 6336W. Returns, 6336h, 63367, 6336m. Brokers, doing business on exchanges or, boards of trade, 6336xxx. Credit in to net incomes of amount of excess profits tax imposed and assessed for calendar or fiscal year, 6336yy. - - Non resident aliens, 6336fſc]. Notice to show cause why amount should not be increased, 6336 r. - Not required of incomes under $3,000, 6336hſb, c]. Penalty for failure to make or for false return, 63364. Persons, etc., making payments to other persons, etc., of interest, sal- aries, etc., 6336y. Statement of proof, 6336r. Verification, 6336r. State, defined, 63.360. Statistics relating to operation of law to be compiled, 6336t. United States defined, 63.360. . Witnesses, compelling attendance, 6336s. IN COME TAX ACT - See Income T'aac. Text of act, 5887, 5895, 5896, 5899, 5948, 6336a-633677. INCOME TAX AGENTS Per diem in lieu of subsistence, 5861a. IN COMPETENCE See I?". Scºne Persons. IN CORPORATION See Corporations. HN COMBRANCES Indian homestead, 4611. Removal, absent defendants, 1039. INDIEMNHTY See JBO77. Cls. Bonds before entry of judgment against persons in military service, 3078%bb. Duplicate bonds of United States lost or destroyed, 68.18, 6820. - Fiduciaries on payment of income tax of individuals, 6336bſb]. Internal revenue tax on indemnity bonds, 18a. Amount, 6318h. Loss of registered mail, 7405-7407. Mail contractor on revocation of contract, 7524. Persons withholding tax at source, 6336i b - set off against damages for injuries to carriers’ employees, 8661. Sureties of collectors of internal revenue, 5854. - IN DEMINITY AND LIEU IANDS Alaska, 5046. - Reservation of school land upon home- stead entries, 5045a. Certificates of location, in Missouri, 5104. ..Receivable in payment for public lands, 4859. - Grants in lieu of lands in Mount Rainier National Park and Pacific Forest Re- serve, 5225. - Indemnity to states where swamp lands have been sold by United States, 4961. Tndian reservations, 4527. Pºhate and oil lands in Idaho, 4863– 4 Railroads, Glacier National Park, 5247. School indemnity, selections in abandoned military reservations confirmed, dispo- sal, 5012. - School lands, 4860–4862. Indemnity selections in abandoned military reservations confirmed, dis- posal, 5012. II - Provisions for selections to supply deficiencies made applicable to New Mexico, 4868. - Pºlons made applicable to Utah, 4866. State not entitled to, for sections with Platt National Park. 5245. Selection by State of South TYakota for lands within Rattle Mountain Sanita- rium Reserve, 9286. - - Selection of railroads in lieu of lands en- tered by settlers, 4889. INDEPENDENCE Declaration of, pp. 1, 2. INDEPENDENCE DAY - Holiday within act authorizing compensa- tory time to post office clerks and letter carriers, 7239a. - GENERAL INDEX [Page 2155] [References are to sections, except where otherwise indicated.] INDEPENDENT STATE OF THE RON- Treaties, seamen, arrest and imprison- ment, abrogation, notice, 8382b. INDEPENDENT TREASURY See Public Money. - - Expenditures for contingent expenses, re- ports of, 276. . . INADEPENDENT TREASURY ACT See Public Money. - - Text of act, 1500, 6379, 6578, 6582, 6584, 6586– 6590, 6604, 6605, 6638, 6639, 6641–6644, 6653- 6657, 10257-10263. INDEXES AND INDEXING See Card Indeaves. Aºment of President's message, etc., Bureau of, chief, salary, 290. Committee reports, 7156. - Comprehensive index of public documents by Superintendent of documents, 7041. Congressional record, 6967, 6968. Designation of person to prepare, com- pensation, 6968. Consolidated index of congressional docu- #ts by superinténdent of documents, (U4.l. - Cºsht. registration and assignments, º/ o - Documents to be indexed by superintend- ent of documents as directed by com— mittee on printing, 7041. - . . . . . . . Estimates of appropriation and deficien- cies. 6733. Isthmian Canal Commission records, 10051. Judgments, 1606, 1607. Library of Congress, sale of copies, 151, Mississippi river commission reports, 98.73. Naval records of Revolutionary War, 619, Ofncial Gazette, distribution of, 7093. Official Register, 7092. Pamphlet edition of session laws, 7115. Patentees, etc., in general land office, 706. Patent Specifications and drawings, 753. Patents relating to electricity, and foreign patents, 7093. - President’s message and accompanying reports and documents, 7089. Publications of Agricultural Department, Sale of copies, 829, 830. Record of miner's lien in Alaska, 5061. River and harbor improvements reports, 98.73. - Statutes at large, printing, binding and distribution, 7119. Supplement to Revised Statutes, 7108–7110. INDIANA Deputy district clerks, 1065. District clerk, 1065. - District court, terms, 1065. Judicial districts, 1065. Land office abolished, 4515. St. Mary’s River declared non-navigable, 9855c. INDIAN AFIFAIRS See Appropriations ; Commissioner of Indian Affairs; Five Civilized Tribes ; Indian Agents ; , Indian In- Spectors ; Indian Lands ; Indian Reservations ; Indians ; Indian Schools : Indian Territory ; Indian Wars ; Interpreters; , Special Agents : Supplies. Accounts relating to, examination of by Auditor, 419, 420. - 8 Appropriations, see Appropriations. Aºmobiles. exchange of old for new, a. * Bureau, accounts, purchase of articles manufactured in Indian Schools, 4041. Bookkeeping system for, 6789a. Reports, purchase of articles manufac- tured at Indian Schools, 4041. Certified copies of records, fees, 679. Clerks, expenses of clerks, etc., detailed on Special duty, 4024. Commissioner of Indian affairs and assist- ant, 713–726. Commissioners, appointment by Secretary of Interior, 4013. Board of, appointment, 3980. Investigation of contracts with In- dian service, 3983. Reports to Secretary of Interior, 3982. - Secretary, employment, salary, 3981. Visitorial powers, inspection of In- dian service, 3982. - - INDIAN AFFAIRS (Cont'd) Contracts, copies, to be furnished to audi- tor of war department, 4043. - Government agents and employés not to be interested in, 6893. May be made before appropriation, 4046. - Proposals to be preserved, abstract of bids, filing, 4044. - Cº.; account of agricultural experiments, 688 . . - Disbursing officers, from, 4019. - * Army officers, 1995. Bonds, new, 4020. Special, on per capita payments to Indians, 4021. Deposit of Indian money bond, etc., 4226. - False vouchers, effect to prevent pay- ment, 4091. Requirements of new bonds, 4020. additional Security in bank, Education funds, report of expenditures from, 685. - Employés, allowance of heat and light without charge, 4025. - Detailed for other service, 4033. Employment of Indians, 4031. Farmers and stockmen, 4028, 4028a. Heat and light allowances for quar- ters, 4025. - Limitation of expenditure for compen- sation, 4032, 4032a. . Limit of compensation, amount paid farmers and stockmen employed not to be counted, 4028. Amount paid matron not to be counted, 4029. - Not to trade with Indians, 4026. Preference to allottees in severalty, Preference to Indians, 4030. Transfer of funds for payment of, 4033. Funds, payment of employés, transfer for other purposes, 4033. - Reimbursement from Indian fund of irrigating expenditures, 4205e. Indian country, entering, necessity of passport, 4131. . . . . Introducing liquors into, offenses, pro- ceedings, 4136a–4143. - Punishment, defenses, 4136a. Searches and seizures, 4141, 4141a, 4144a. - Wine for sacramental purposes not unlawful, 4139. Removal of persons from, 4150. Penalty for return, 4151. Use of military force, 4150, 4153. Time of detention and treat- - ment of prisoners, 4154. Setting up distilleries in, 4144, 4144a. Indian depredation claims, estimates for payment of judgments, 6688. Payments not to be paid from appro- priations for annuities, 4082. Indian office, estimates for personal serv- advertise- | ice in, 670 Indian police, preference in appointment of allottees in severalty, 4201. - Indian service, estimates for appropria- tions, 6715. Purchase of supplies for, ment unnecessary when under $50, 6835a. - Bids, certified checks, cashiers’ checks, 4042. Matrons, employment to teach housekeep- ing, etc., 4029. Mode of distribution of goods to Indians, 4060. - Office contingencies, allowance for, 4022. Officers of Indian affairs, 3980-4033. Allowance for travelling expenses, 4023. Compensation to be - emoluments, office 4022. - - Designation to pay per capita pay- ments, 4054. Holding more than one office forbid- den, 4018. - Power to administer oaths to em- ployés, etc., 4027. Rºyal for trading with Indians, 4026. Payments to Indians to be in presence of local agents and interpreters, 4058. Printing and binding may be done at Indian schools, 7161. . • ‘ Purchase of articles manufactured at Indian schools for Indian service, 4041. Recording of deeds and papers legaliz- contingencies, drafts or in full Of all 1 INDIAN AFFAIRs (Cont'd) Regulations, payments of annuities to Indians 18 years of age, 4059. Reports, expenditures for schools, etc., 687. - - Fiscal affairs of tribes, 689. Requisition for purchase of goods, bids, 4038. - - sº, ºr buildings to the United States, Superintendents of irrigation, employ- ment, number, 4205c. Supervision of business relating to, by Secretary of Interior, 681. - - | Supplies, see Supplies. Visitorial powers, Indian Commission- ers, 3982, 3983. . - Indian inspectors as to, 3989. - Warehouses, maintenance for receipt of goods, 4050. INDIAN AGENTS - - - See Indian Affairs ; Interpreters. Accounts, accounting as condition pre- cedent to advances, 4067. Liability under bonds, 4002. - Acknowledgments, power to take, 4009. Advances, necessity of accounting, 4067. Allotments in severalty to Indians, duties as to, 4197. - , - - - Application to, for satisfaction of juries to property by Indians, 4159. Appointment, 3991. - Army officers to act as, detailed by Pres- ident, 4007. * - - Arrest of absconding Indians guilty of crime, 4155. , ' . - - Bonds, amount, 3999. - Liability, 4002. - - Sub-agents, 4011. - California, not to visit Washington, ex- cept on Order of Commissioner of In- dian Affairs, 4006. . '. Census, duty to report Indians at agency and number of school children, school houses, etc., 4164. - Cherokee agency, duties to be perform- ed by superintendent of training School, 3993 in- Commutation of perpetual annuities, ne- gotiations for, - ! Consolidation of agencies, 4004. Delivery of goods and money to Indians, 057. - Deposit in bank, bonds, 4068, 4226. Depositions, depredations by Indians, 4160 Destruction of distillery, 4144, Discontinuance and transfer of agencies, Discontinuance of service, 4017. -- Disqualification to hold office, conviction for false entry, 4001. Distribution of goods to Indians, pres– ence of, 4060. - - Duties, 4000. Of Indian agency may be devolved on superintendent of Indian School, Evidence in pension cases taken before, 9022. - - Examination by Indian inspectors, repeal of provisions as to number of Visits, 3990. Extra. 4008. - False entry, punishment, 4001. Indian inspectors to examine, 3989. Intercourse with Indians, duties as to, services without compensation, Interpreters, see Interpreters. - | Investigation of agencies, powers of of ficers to administer oaths, 4027. Limits of agency, determination by Sec- retary of Interior, 4012. . . . Oaths, power to administer, 4009. Power to administer, depredation by Indians, 4160. - Offenses, aiding and making prohibited contracts with Indians, dismissal froln service, 4089. Inducing consertt of parents to send- ing school children out of state, 4177. - Passports, foreigner entering Indian country, 4131. - | Payments to Indians to be in presence of, 4058. Protection of Indians desiring civilized life, 4109. . - r Reduction of number, 3992. . . Removal of persons from Indian coun- try, 4150. GENERAL INDEX INDIAN AGENTS (Cont'd) - Reports, books of expenditure, 4001. Census of Indians at agency, num- ber of school children, etc., 4164. Number of Indians present and re- ceiving food, etc., 4093. Offenses in agency, 4126a. Requiring Indians to labor as condition | to distribution of supplies, etc., 4062. Requisition for purchase of goods, pub- lic bids, 4039. . - - Residence of, 4005, 4006. Rolls of Indians entitled to supplies, 4063. Salaries, absence, 4018. - Amount, 3995. - - Appropriations for, not duties are performed by act army officer, 3997. - - Extra services, 4008. - Performing duties of more than one agency, 3992. • ‘ Repeal of laws relating to, 3996. . Sub-agents, 4011. . . . - - " . . Sale of cattle of Indians not required for their use, 4120. - Searches and seizures of liquors unlaw- ful in Indian country, 4141. - Special agents, appointment, of Interior, 4013. - Power to administer oaths, 4027. Chief agent to have powers of marshal, 4143. ... . Power to suppress liquor traffic, 4142. Secretary Statutes governing, to be compiled and || printed for their use, 717. - Sub-agents, application to, for satisfac- tion of injuries to property by In- dians, 4159. - - - Appointment, bonds, 4011. - Arrest of absconding Indians guilty of crime, 4155. . . . Delivery of goods and money to In- dians, 4057. - Depositions, 4160. - - - Destruction of distillery, 4144. Discontinuance when unnecessary, 4017. - Extra services, 4008. - Leave of absence, 4018. - Oath, power to administer, depreda- tion by Indians, 4160. - Passports, foreigners entering Indian country, 4131. * * Removal of persons from Indian Coun- try, 4150. .. Salaries, 4011. Leave of absence, 4018. Searches and seizures of liquors un- lawful in Indian country, 4141. - Term of office, holding over, 3998. INDIAN COUNTRY See Indian Affairs. - INDIAN DEPREDATION AC See Indian Affairs. - Text of act, 1173. - - INDIAN GENERAL ALLOTMENT ACT See Indian Laºds. Text of Act, 3951, 4195-4198, 4201, 4203, 4204, 4206, 4208-4210. INDIAN INSPECTORS - Appointment, 3984. - - Classified service, to be included in, 3987. Enforcement of laws, 3989. Number, 3985. - Oath, power to administer, 3989. Qualification, two to be engineers and skilled in irrigation work, 3986. Removal of officers, power with approval of President, 3989. " -- Reports, examination of Indian service, 3989. - - - Salary depredations by Indians, and expenses, 3986, 3988. Statutes governing to be Compiled and printed for their use, 717. Term of office, 3984. - Visitorial power, 3989. Repealed as to number of visits to Indian agency, 3990. INDHAN LAN }}S - See Five Civilized Tribes ; Home- steads ; Indian Reservation. Allotment, 4195—4240. Actions. 4214-4216. Allottees to be subject to exclusive jurisdiction of United States during trust period, 4203. - - Appeals, 991(24), 4214. Appropriations for surveys, payments | from' proceeds of sales, 4208. Authority of president, 4.195. available when Of - IPage 21561 [References are to sections, except where otherwise INDIAN LANDS (Cont'd) Allotment (Cont'd). - - Cancellation of trust patents for al- lºents within reservoir sites, etc., 3. - - - Cancellation where lands unsuitable, exchange for other lands, 4213. Certificate of selection, duplicates, filing, 4197. - Children taking lands in severalty not excluded from benefit of appro- priation, 4172. Condemnation for railroad telegraph line, etc., 4209. s Condemnation under laws of State, 240. - Conditional patents not subject to cancellation without authority of Congress, 4212. - Corrections of error in allotments and patents, 4212. - Debts, land not subject to except aft- er final patent, 4235. - Descent, determination of, 4222. Determination of heirs of deceased allottees, deduction for cost of 9th- er proceeds of sales of land, 4227. District attorney to defend actions re- lating to, 4215. - Effect of provisions for allotment in treaties or act setting apart reserval- tion, 4195. - Heirs of allottees, determination, 4226. - - Determination, authority to ad- minister oaths, 4226a. Heirship of deceased members of Five Civilized Tribes, 4234a, Appendix p. 1776. Partition among, 4227a. Laws applicable to lands of full blood members of Five Civilized Tribes, 4234b, Ap- pendix p. 1776. Improvements, to be included, 4196. Reimbursement of allottee. On Can- cellation of patent, 4233. - Indians not residing on reservations, etc., 419.8, 4199. Interest on proceeds of sales held for minors, 4237. Irrigable and non-irrigable lands, 4195. Irrigation, arrangements for in carry- ing out irrigation project under reclamation act, lien not to be created against land, 4205. Estimates of costs, reports, 4205a-420.5e. Regulation of use of water, 4204. Restrictions on projects, 4205a. Superintendents, emp lo y me n t, number, 4205c. Judgment in action relating to, effect of, 4214. . Jurisdiction of suits concerning, 991 (24), .4214. Land not subject to debt until patent in fee, 4203. - Land not to be alienated before pat- ent, continuance of restrictions by president, 420.1, 4202. - - Laws not to apply to named tribes Or nations, 4206. . . . . Laws of descent and partition applica- ble, 420.1. Leases, incapacitated, 4217a. Incapacity of allottee to improve, 4217. - Land held under trust patent, dis- position of proceeds, 4221. Land not needed for farming and agricultural purposes, 4218. , Mining purposes, 4220. Moneys arising from, not subject to debts, 4236. Surplus lands, 4219. Term of, 52.18. - - Limitation of actions, 4216. May be acquired by railroads for res- ervoirs, 4190. - - - - Minors not subject to debts during trust period, 4236. National forests, to Indians occupying lands in and not entitled to allot- ment on Indian reservation, applica- tion in proceedings, 4200. - Parties to action, 4214. Partition to heirs, 4226, 4227a. Grant of right of way through, 4181, 4191. - etc., arid lands when allottee is . indicated.] - INDIAN LANDS (Cont'd) Allotment (Cont'd) - Patents, correction of errors in can- cellation, 42.12. Delivery after trust. period, de- livery of patent in fee, 4203. Fee simple, citizenship of paten- tee, 3951. . . . . ." Heirs of deceased allottee, 4226. Heirs. of lots in villages, 4232. IHeirs, partition among, 4227a. Held in trust, 4201. - Purchasers, 4226. Recorded in general land office, delivery to allottee, 4201. Surrender and selection of other lands, 4211. • ‘ - Pleading, service and proof, 4215. . Protection of allottee desiring civiliz- ed life, trespass, 4109–4111. - Provisions of act extended to named tribes in the Indian territory, 4207. ProVisions of act not to apply to Osage Indians or the Five Civilized Tribes, 4234. - Purchase by United States, lands not - allotted for homesteads to set- tlers, etc., 4201. , Ratification by Congress, 420.1. Quantity, 4195. - . . . Restrictions on alienation, certificate of competency to remove, 4226. Patents for town lots, 4232. Provision for disposal by will not to affect, 4228. - - Rº: of way for pipe lines through, Sales, deduction from proceeds of, cost of determining heirs, 4227. Deposit of portion of purchase price, 4226. - By heirs of deceased Indian, 4223. Gu’lrdian for minor, approval, 4223. - - Not to apply to homestead, 4223. - Noncompetent Indian, use of pro- ceeds, 4225. Petition for, 4224. *. - Timber, allotted lands held in trust, use of proceeds, 4231. On unallotted lands, proceeds, etc., 4230. - Trust lands, proceeds not subject to debts, 4236. Within reclamation projects, Of proceeds, 4238. selectiºn, agent for orphan child, . 41. - UISé Failure to make, Special agent, 4196 - Heads of family, for minor chil- dren, 4196 - Other lands on surrender of pat- ent, 4211. - - Special agent, making certificates, etc., 4196, 4197. - - Special examiner to determine heirs of allottees, authority to administer Oaths, 4226a. - Subject to laws of state after patent in fee, 4203. - - Surrender by allottee for benefit of children, 4229. Survey, 4195. - - Appropriations repaid from pro- ceeds of sales, 4208. - - • Taxation, payment from share of al- lottee in tribal funds, 4239. Will, disposal by approval, 4228. Appropriations for irrigation," expendi- tures reimbursable from Indian funds, 4205e. : t Carey Act extended to lands in Ute Res- ervation, 4693, 4694. Ceded lands, 5013-5019. - | Debts contracted before patent in fee is- sued, not subject to, 4203. | Deposit in Treasury in lieu of investment of trust, proceeds, 4076. Designation of employés to sign approval of secretary of tribal deeds, etc., 725. Driving stock to feed. On, penalty, 4107. Exchange of lands with, removal of In- dians west of Mississippi, general Su- perintendence of President, 4098. |Five Civilized Tribes, obligations incur- red for services in enrollment as citi- zens not to be an encumbrance on, Heirs of allottees, determination, power to require attendance of witnesses, 4226a. - . . - GENERAL INDEX [Page 21571 [References are to sections, except where otherwise indicated.] INDIAN LANDS (Cont'd) - Homestead entries by purchasers of Flat- head Indian lands, 4584. Hunting on, prohibited, 4135. Inducing conveyance by Indians of trust interests in lands, 10227. Irrigation, appropriations, expenditures reimbursable from Indian funds, 420.5e. Estimates, , statements, etc., 4205a- 205e. Lands allotted to Indians, Superin- tendents of irrigation, employment, number, 4205e. Restrictions on projects, 4205a. Lands excepted from territories, 3425. Oklahoma, homestead entries, 5020. Penalties, settling on or surveying,4108. Pipe lines, lateral pipes, consent of Sec- rotary not necessary, 4192. Proceeds of pasturage covered into Treas- ury for benefit of tribe, 4072. Public land contests, payment of fees on behalf of Indian parties, 4101. Recording of deeds legalized, 718. Recording of deeds requiring approval of President or secretary of interior, 719. Reservoirs in, acquisition of land by railroads, 4189. - - Right of way through, 4181-4194. Sales, disposal of proceeds of, 4069. Duties of registers and receivers, 4469. Investment of proceeds, 4073. Interest on when deposited in lieu of investment, 4076. Penalty for negotiation of treaty for, without consent of United States, 4100. Proceeds not subject to deductions for expense of public land service, 4071, Timber killed or damaged by forest fires, 4995. - Validity, 4100. - - Settlers on, penalty, use of military af- fairs to remove, 4108. States, adjustment at treaty held with Indians under authority of the United States, 4100. Survey, 4099. - Timber depredations, 10217. . . INDIAN OMNIBUS IAW See Indian Lands. Text of act, 4224. INFOIAN RESERVATIONS See Five Civilized Tribes ; La??ds. Rights of way through, see Rights of Way. Indidº, Agºral experiments, cost, account of, 688. - Ceded, 5013-5019. Agreements with Indians not affected by act repealing timber culture laws, 5018. - Free ºnesteads, commutation, 5013- Payments to Indians, 5013. Negotiations by Secretary of Interior for session, 5016. Second homestead entry, 4591a, 5015. Selection of school lands upon, 4862. Town-sites, laws extended to ceded 1ands in Minnesota, 5019. Classification and appraisement of unal- lotted and reserved lands, 5017. Creation in New Mexico and Arizona, 397.9%. Disposition of lands with reservation of coal, application, statements in, 4668b. - Pºtion of coal by United States, - C. Examination and appraisal of lands, 4668a. Patents, 4668b. Proceeds, disposition of, 4668d. Proclamations of President, 4668a. Exchange of private lands over which res- ervation is extended, 4527. Flathead reservation, laws regarding homestead entries . Within reclamation projects extended to, 4732a. Homestead laws extended over former |Ute Indian Reservations, 4608–4610. Included in judicial districts, North Da- kota, 1086. South Dakota, 1093. Washington, 1103. - Indian school children not to be sent from Without consent of parents, 4177, 41.78. INDIAN RESERVATIONS (Cont'd) Introduction of liquors into, offenses, Wine for Sacramental purposes excepted, 4137, 4139. Irrigation, 4204-4205e. Jurisdiction of offenses, 10503. Mission Schools on, rations, etc., 4166. Offenses on by Indians, 10502. Reports as to, 4126a. South Dakota, Preference of Indians in employment, 4030. Provisions for grants of arid lands to States for reclamation extended to Ute Indian Reservation, 4693, 4694. Removal of government property not used, 4114, 4115. Removal of persons from, 4152. . . Rights of way through, 4181-4194. Alaska, 5088. Electrical plants, etc., 4946. Electrical poles and lines, 4948. Railroads, 4925. Tramroads, canals or reservoirs, 4943. Sºlº, of dead timber by Indians, 4122, School lands, 4860. Setting fires, punishment, 10220. Surveys and allotment Work, count of, 686. Trading on, with Indians, 4127, 4128. Withdrawal of lands from location, etc., purposes, 4526. INDIANS See Appropriations ; Choctaw Indians ; Five Civilized Tribes; Indian Alf- fairs ; Indian Agents; Indian In- spectors ; Indian Lands ; India?” Reservations ; Indian Schools ; In- dian Territory; Indian Wars ; Osage Indians ; Supplies ; Traders ; Trea- tºes. Accounts, Auditor’s examination, 420. Representation of district attorney, cost a C- With United States, statement of, 4080. Action, burden of proof in trials of right of property between Indians and white persons, 41.18. Proceedings against goods seized for violation of provisions relating to Indians, 4117. Agriculture, fund for encouraging, repay- ments, report, 4124, 4125, 4125a. Alaska, education, 3607. Mission and school lands, 5094, 5095. Allotment of Indian Lands, see Indian Lands. Allotment of tribal funds to individual Indians, 4078. - Annual charge for benefit of, against pipe lines, 4192. Against railroads for benefit of, 4.185. Against telegraph and telephone lines through Indian lands, 4191. Annuities, admission of certain Indians to citizenship not to affect, 3950. Appropriations for, not to be used for payment of Indian depredations, 4082. Forfeiture for trespass upon lands of civilized Indians, 4110. Modes of paying, 4053. Not affected by homestead entry, 4611. Not to be paid to hostile Indians, 4083. Payment in coin, 4036. Payment in goods, 4037. Payment on condition of services, 4062. Receipts may be made by Indians 18 years of age, 4059. Refusal of payment on account of in- toxicating liquors, 4056. Withheld from Indians for non-at- tendance of children at school, 4.175, 4176. Appropriations, see Appropriations. Archives, etc., relating to Indians collect- ed by Geographical and Geological Sur- veys turned over to Smithsonian Insti- tution, 10577. Arrest of absconding Indians guilty of crime, 4155. Captives, moneys due, to be withheld un- til Surrender of, 4086. Census, Indians at agency or reserva- tion, number of School children, etc., 4164 - l Citizenship, allottee in fee simple, 3951. Exclusion, 3946. Living apart from tribe, 3951. Stockbridge Munsee Indians, 3950. Commerce With, power of Congress to regulate (Const. art. 1, § 8, cl. 3). INDIANS (Cont'd) Contagious and infectious diseases, hos. pital, erection and equipment, 4125b. Quarantine, regulations, 4125b. Contracts, assignment, restricting, 4090. Consent of United States, 4077. Payments not restricted, 4088. Receiving money under prohibited, contract as offense, 4089. Requisites of, 4087. Distribution of goods to, modes, 4053, 4060. Education, see Indian Schools. Funds deposited in treasury, proceeds of land sold for reservoirs, for railroads in Indian lands, 4189. Government and protection, 4095-4126. Government of Indian country, 4127–4160. Homestead, alienation or incumbrance, 4611. Allotments to native Indians in Alas- ka, 5096. - Indians, located on public lands, 4612. Patents, 4612. Hospitals treating contagious and infec- tious diseases, equipment, etc., 4125b. Inºpetent or Orphans, settlement with, Inducing conveyance by Indians of trust interests in lands, 10227. Investment of stock, direction of Presi- dent, 4073. Labor, distribution of supplies, 4062. Preference in employment, 4040. Wagon transportation by Indians, 4048. Marriages, white men and Indian women, ºren to have rights of mother. 6 White men and Indian women, evi- dence, general repute, 4105. White men not to acquire any right to tribal property, 4103. Negotiations for commutation of per- petual annuities, 726. Offenses and penalties, 10502. Arson, 4146. Assault, 4145. Correspondence with foreign nations to cause War, 4097. Depredations upon the mails, applica- tion. Of laws, 4147. Entering Indian country without pass- port, 4131 Forgery, application of laws, 4147. General laws as to punishment of crimes extended to Indian country, Hunting on Indian lands, 4135. Injury to property by Indians, ceedings for satisfaction, 4159. Operation of general laws not extend- ed to crimes by Indian against In- dian, or where Indian has been punished by local law, etc., 4149. Punishment, 10502. - Purchase from Indian, 4132. Receiving money for aiding applicant for citizenship in Five Civilized Tribes, 4077b. - Receiving money under contract, 4089. Recovery by action of debt, 4116 Removal of cattle from Indian coun- try, 4136. Return of person after removal, 4151. Sale of cattle to persons not members of tribe, 4121. Sale of intoxicating liquors to Indians, 4136a, 4137–4147. Sales to white persons, 4132. Seditious messages to, 4095, 4096. Setting up distillery in Indian coun- try, 4144, 4144a. Trading with Indians, 4026. Officers, leave of absence, 4018. No person to hold two offices, 4018. Payment from moneys appropriated in Satisfaction of judgments, 4055. Pelagic sealing, 8840, Pensions, declarations, pro- authentication, oath, Indians not required to take oath of allegiance, 9022. P; before Indian agent to be valid, Whom to be paid to, 9096. Per Capita payments, commutation of ra- tions, 4061. - - Designation of officer, 4054. - sº bonds of disbursing officers, Performance of engagements between the United States and Indians, 4034-4094. Preference in employment and purchase from, 4040. - Preference of Indian labor, etc., 6835. GENERAL INDEX IPage 21581 [References are to sections, except where otherwise INDIANS (Cont'd) Process, employment by marshal of posse comitatus, 4156. Property, reparation for injuries to, pay- #;" where , offender is unable, 4157, 158. Protection of Indians desiring civilized s # trespass of other Indians, 4109– Pºlons of bounty-land laws as to, Quarantine, contagious and infectious dis- eases, 4125b. Rations, issuance by Army, 4094. Per capita payment in lieu of, 4061. Recording of deeds requiring approval, 719. Rºlated in Territories by United States, Removal west of the Mississippi, Presi- ; to have general superintendence, Requisition of purchase of goods, public bids, 4039. Residents of Metlakahtla, Alaska, entitled to licenses as masters, pilots and engi- neers and as operators and owners of Steam boats, motor boats, etc., 8.188. Rolls of, appropriation of supplies, 4063. Sale of arms to, prohibited, 4133. Sale of dead timber on reservations, 4122, Sale of lands purchased for administra- tive uses, 4171a. Sale ºuors to, by army officers, etc., Fººdings and punishment, 4136a- scouti, ºnlistment and employment, 1754, Existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. Part of army, 1717, 1717a. Pay, 2141. Purchases of horses for, 6848. Soldiers, enlistment, 1888. Pensions, proof of marriage, 8988. Stockbridge Munsees homesteads, when, 4606, 4607. Stock, penalty for removing, 4136. Sºy agents of stock not required, Sale, to persons not member of tribe, prohibited, 4121. f Use of surplus appropriations to pur- chase, 4065. * Subsistence, use of surplus appropriation to supply deficiency, 4065. . Superintendent of union agency in Okla- homa, office abolished, 3990a. Superintendents in charge of reservations, Schools, etc., authorized to administer oaths to employés, 4010. Supervision of business relating to, by Secretary of Interior, 681. Supplies, see Supplies. Trades, see Trades. Trade with persons employed in Indian affairs prohibited, 4026. Treaties, see Treaties. Trespass upon lands of civilized Indians, penalty, 4110, 4111. Tribal funds, estimates of amount of re- ceipts to and expenditures from, con- tents, transmission, 398a. Expenditures from authorized, 4077a.a. Reimbursement of expenditures made in irrigation of land, 4205e. 'Iribes, custody of stocks, bonds, etc., held in trust for, 4075. Employment of blacksmiths, 4016. Fiscal affairs of, report, 689. Payments to, for ceded lands opened to settlement, 5013. Proceeds of burnt timber, 4996. Statement of account between United || States and tribes, ances, 4080. Tribal funds; allotment to individual Indians, 4078, 4079. Expenditures without specific ap- propriation prohibited, 4077a. Trust funds, allotment to individual In- dians, 4078. Deposit in Treasury in lieu of invest- ment, 4076. Investment, 4078a. Pºnts to Indians under disability, 79. Transfer of custody to Treasurer, 4075. Witnesses, competent in proceedings to forfeit liquors found in Indian country, payment of bal- INDIAN SCHOOLS Admission of white children, to Indian boarding schools, fees, etc., 4180 To Indian day schools, fees, disposi- tion, 4179. - Agricultural experiments, cost, account of, 688. Alaska, 3607. Mission and school lands, 5094, 5095. Appropriation, children taking land in Severalty not excluded from benefit of, 4172. Expenditure, 4163. Children of less than one-quarter Indian blood, 4170b. Not to be made for sectarian school, 4165, 4165a. Proceeds of purchase money for land of tribe after allotments in severalty have been made to be appropriated for, 4.201. Regulations, limitation per capita, de- termination of number of pupils, 4170. Assistants, employment of Indian chil- dren, 4168. Census of, 4164. Children not to be sent out of state with- out consent of parents, 4177, 4178. Pº, of army officer with reference to, Duty of Indian agency may be devolved on superintendent of, 3994. Effect of alcoholic drinks and narcotics taught in, 9379-9381. Employment of additiona compensation, 4028. - Employment of persons to instruct in agriculture, etc., 4161. Establishment in vacant military posts or barracks, detail of army officer to, 4163. Lands reserved for, in Ute Reservation excluded from provisions of Carey Act, farmers at, Leave of absence to employés for attend- ance at educational gatherings, 4169. Matrons, assistants, employment of chil- dren, 4029, 4168. Mission schools on Indian reservation, ra- tions, etc., 4166. Printing and binding may be done at, 7161. Rations to be withheld, from children not attending school, 4174. From parents for non-attendance of children, 4.175. Record of offenses at, 4126a. Regulations to secure attendance of chil- dren at school, 4173. Removal of government property not used, 4114, 4115. Report of expenditures, 685, 687. Limitations on per capita expendi- ture, 4170a, 4170aaa. of lands purchased for 4171a. Superintendent of, appointment, qualifica- tions, duties, 4167. Bonds, performance of duties of In- dian agent, 3994. Oath to employés, power to administer, 4010 schools, Report to Commissioner of Indian Af- fairs, 4167. Salary, performance of duties of In- dian agent, 3994. Supplies, wagon transportation, payment from funds of, 4052. Suspension or discontinuance of, sale of buildings, etc., 4171. Training Schools, establishment in vacant military posts or barracks, detail of army officer to, 4163. Purchase of articles manufactured at, preference, 4041. Reports, purchase of articles manufac- tured at Indian schools, 4041. Superintendent, bonds, performance of duties of Indian agents, 3993. Performance of duties of Indian agent, 3993. Salary, performance of duties of Indian agent, 3993. Withholding annuities for non-attendance of children, 4.175, 4176. INDIAN SCOUTS See I’m dict?" S. MN DIAN SERVICE See Indian Affairs. INDIAN TERR.HTO}RY See Oklahoma. Alienation of lands by Indians, restric- tions on alienation by allottees in sever- alty but patent not to apply, 4202. indicated.] - |INDIAN TERRITORY (Cont'd) Allotments in severalty, laws to be ex- tended to certain named tribes. 4207. Provision as to cancellation of allot- ments where land unsuitable, not applicable, 4213. Intoxicating liquors, carrying, etc., in- • to, 4136b Sale, etc., 4136b. Patents to allottees in severalty, act as to, not to apply, 4203. ' Railroad right of way through, annual charge for benefit of Indians, 4185. Rates and charges for passenger and freight, surveys prescribed by Secre- tary of the Interior, 4.185. Transportation of mails, condition to grant, 4.185. United States court, petition for appeal from board of referees in fixing com- pensation, 4183. INDHAN TRADERS See Traders. INDIAN TRIBES See Indians. HNDIAN WAIRS Bounty lands, 4830–4836. Correspondence with foreign nations to cause, penalty, 4097. Military records of, 341. Officers and soldiers, who served in, en- titled to benefits of National Home for Disabled Volunteer Soldiers, 9264a. Pensions, 9047. Contracts with pension attorneys, 9066–9067a. - Extension of acts to, proof of enlist- ment, 9065 rºton to Texas volunteers, 9066– C Laws applicable, 9062. Loyalty in war of rebellion not requir- ed, 9063, 9067c. Period of service, 9067b. Persons entitled, 9058. Persons excluded, 9061. Proof of enlistment, 9066, 9067a. Proof required, perjury, loss of certifi- cate of discharge, etc., 9060. Rate, 9059. Restoration of pensioners stricken from rolls on account of aiding re- bellion, 9056. INDICTMENT See Grand Jury : Information. Capital cases copy to be delivered to per- son indicted. 1699. Rights of accused, 1700. Consolidation. 1690. Conspiracy, injuring or destroying prop- erty of foreign government in United States, 7678p. Obstructing justice, 3933(2). Defects of form, 1691. Demurrer, judgment, 1692. Elective franchise, offenses against, 1686. Enforcement of fines and penalties under Census Act. 4412. Entry of plea of not guilty for prisoner standing mute, 1698. Foreign mail, offenses against, 10399. Intoxicating liquors, violation of laws in Alaska, 3643jj, 364300. Joinder of counts, polygamy or unlawful cohabitation, 10488. Joinder of offenses, 1690. Necessity (Const. am. 5). * Negativing exceptions in statute, opium act prosecutions, 6287n. Number of jurors concurring in finding, 1685 85. Offenses which may be prosecuted by, 1686. Perjury, 1687. Before naval court-martial, set forth, 1689. Separate counts, 1690. Several, against same person, one war- rant for commitment, 1693. Against several, verdict as to part, 1702 What to Several charges included in one, 1690. Subornation of perjury, 1688. Before naval court-martial, 1689. Train robberies, 10495, Vºt for offense included in charge, 1701. Writs of error on behalf of United States from decision sustaining demurrer, etc., 1704, 1704a. GENERAL INDEX IPage 21591 [References are to sections, except where otherwise indicated.] INDIGIENTS Free baths for use of in Hot Springs Res- ervation, 525]. INDO.R.S.EMENT Army officers’ pay accounts, 2200. Bills of lading of interstate carriers is- suing dupligates, 8604c. Certificates of deposits by settlers for Sur- Veys, 4814. Debentures, assignable by, 5743. Indorser liable for non-payment as up- on bills of exchange, 5742. District judges, publication by president, 968C-968e. Money orders, 7565. Official envelopes, 7369, 7370. opºl mail-matter relating to Census, Postal notes, 7579. Protection of indorsers under act for soldiers’ and sailors' civil relief, 3078%b. INDUSTRIAL EDUCATION See Vocational Education. General provisions, 9390%a-9390%mm. INDUSTRIAL RELATIONS See Commission on Industrial Reld- tio??.S. Reports, printing and distribution, 7107a. INDUSTRIAL RELATIONS COMMIS- SION ACT See Commission on Industrial Rela- tions. g Text of act, 8913-8917. INDUSTRIAL TRAINING SCHOOLS Fºndians, use of vacant barracks, etc., INDUSTRIES Board of mobilization for military' prepar- edness, 3115f. Denatured alcohol may be withdrawn from bond without payment of tax to be used in, 6132. sºye draft of persons engaged in, 4d. Use of mails for advertisement of in- toxicating liquors, 10387e. INEANTRY Band, 1738, 1738a. Alºonal band, 1738aa, Appendix p. Band corporals, 1738a. Band sergeants, 1738a. Battalion adjutant, 1738a. Battalion sergeant major, 1738a. Prigades, composition, 1758a. Buglers, 1738a. * Bugiers first class, 1738aaa, Appendix p. 1746. Corporal buglers, 1738aaa, Appendix p. 1746. Colonels, increase in number, 1899b. Company, composition of, 1738, 1738a. Cooks, 1738a. Detail of sergeants to national guard, 3074a. Divisions, composition, 1758a. Drum major, 1738a. Horseshoers, 1738a. . g iimitation on number of appointments of increased officers, 1991d Machine gun companies for, 2044a. Mechanics, 1738a. Mess sergeants, 1738a. Military instructor, 2206. Militial existing corps to remain part of, 3044c. Supply of national guard with equip- ment, 3061a. Pay of non-commissioned staff officers, 2151, 2153. Provisional organization of cavalry in- to, 1718a. Fºegiments, adjutant, 1738a. Band, 1738a. Chaplain, 1868, 1868a. Colored men, 1740. Number in army, 1717, 1717a. Pay of officers, 1738, 2144, 2144a. Porto Rico, 1745–1753a. Rank of captain, 1750a. Regimental sergeant major, 1738a. School of Arms, translator, 2016aa, Ap- pendix p. 1755. - Sergeant buglers, (738a. Stable sergeant, 1758a. Supply sergeants, 1738a. Vacancies among additional colonels not to be filled, 1899b. Wagoner, 1738a. HNFANTS See Child Labor ; Children. INFECTIOUS DISEASES See Animals and Animal Industry & Contagious and Infectious Diseases. INFLAMMLABLE MATERIALS Shippers of, to notify carrier, 8026. INFORMATHON See, also, Indictment. Conspiracy to injure or destroy proper- ty of foreign government in United States, 7678p. Costs on several, against cargo, seized as forfeited for same cause, 1619. Pºrter overruled, respondeat Ouster, Disclosure by carrier or officer, etc., of information concerning shipments and soliciting, etc., such information unlaw- ful, exceptions, 8583. Disclosure by explosives inspectors, etc., 31.15%.h. District attorney, contempt, 1245b. Examiner of accounts, etc., of Common carriers divulging facts, punishable, penalty, 8592. Necessity (Const. am. 5). Negativing exception unnecessary in pros- ecution for violation of opium act, 6287n. Obstructions of navigation, etc., 9928 Elective franchise, 1686. Offenses not infamous, 1686. For perjury or subornation committed on examination before naval court-martial, what to be set forth, 1689. . Proceedings as to property used in aid of insurrection. 10153. * * Violation of liquor laws, in Alaska, 3643ſ.j, 3643OO. In District of Columbia, 342.1%p. INFORMERS Costs in qui tam actions, liability for, 1616. Extortion by, 10315. Fees of clerk, marshal, and attorney, lia- bility for, 1617. Recovery of moneys paid on void contracts with Indians, 4087. * Shares of fines, penalties, and forfeitures, 377, 8246. Arming vessel against friendly power, 10175. United States, Bringing slave into 2 Condemnation of property used in aid of insurrection, 10153. Under contract labor law, 4246. Conviction of internal revenue officers, 5889. Cotton futures tax penalties, 6309p. Customs, cases, 5794, 5796, 5797, 5800. Certificate of court, 5800. Detection of smuggling, 5798. Not to disqualify as witnesses, 5802. Officers not entitled to, 5801. Depositing refuse in New York Har- bor, 9.933. Equipping vessel for slave trade, 10422, 10427, 10428. g & Exporting opium, cocaine, etc., in Vio- lation of regulations, 8801e. Obstruction of navigation, etc., 99.21. Receiving persons On board to be sold as slaves, 10430. Rights on remission, 10185. Tow barge carrying passengers for not complying with regulations to go to, 8268. Transporting slaves, 10429. Violation of regulations of Steam VeS- sels, 8275, 8276., Witnesses in proceedings to recover fines, penalties, and forfeitures, 10137. INFRINGEMENT See Copyrights : Patents : Marks; Trade-Names. INGOTS FOR COINAGE See Miºts. INHABITANTS See CervStLS. INHERITANCE - By aliens, of lands in territories, 3492. INHERITANCE TAXES See Estate T'aac. Bonds of War 31.15%i. United States bonds, 6829ee. United States bonds ment of federal taxes, 68290. INITIAL CARRIER See Commºn on Carriers. INJUNCTION See Copyrights : Patents : IMarks and Trade-Naºmes. Trade- Finance Corporation, Trade- etc., receivable in pay- INJUNCTION (Cont'd) Anti-Trust Act violations, 8835o. Appeals to circuit courts of appeals, 1121. Orders. of Interstate Commerce Com- mission, 999. Place of hearing, 1118. Assessment or collection of internal rev- Bj taxes, 5947. a.Se On unconstitutio g Statutes, 1243. nality of ºn carriers, Anti-Trust violations, O. Compulsory labor forbidden, 8673(5). Employés, not to be granted against un- ;..." prevent irreparable injury, etc., º: 1241. urisdiction of district court, violations, 8835n. Clayton Act Liquor nuisances, Alaska, 3643kk. District of Columbia, 342134.hh. Manufacture, etc., of intoxicating liquors in District of Columbia, 3421%i. Mines in territories, failing to comply With requirements, 3517. Monopolies, 8823-8823. Procedure, hearing, 8823. In restraint of import trade, 8832. By Tººle, º: or damage, 8835o. Ilal, 10 Ila, anks, agains 991(16). 8 t Comptroller, Venue, 1031. Against national banks, not to issue from State Courts, etc., before, etc., 9834. Receivership, 9824. Order of United States Shipping Board, enforcement by, 81.46mn. Orders of Interstate Commerce Commis- sion, 997, 998. Appeals, 999. Enforcement of orders other than for payment of money, 8584. Interlocutory injunction etc., 998 Priority of causes where revenue laws of State are enjoined, 1581. Proceedings in state courts, 1242. Removal of causes, 1018. Removing obstructions to navigation, nav- igable waters, obstruction, 9910a. Bridges, 9965. Dams, 99.80. Unauthorized structures, 9917. Stay proceedings on ... distress-warrant ºnst delinquent collector, etc., 6635, Temporary 1243d State Suspending, 1243a– Añº enforcement of state laws, restraining orders, Unlawful inclosure or occupancy of pub- lic lands, 991(21), 4998. INLAND WATERS See Great Lakes ; Lakes ; Navigable Waters ; Rivers and Harbors. Collision rules, see Collision. Property taken upon, by naval forces not to be regarded as maritime prize, 10152. INNs Equal rights of all persons to accommoda- tions of, 3926–3930. IN REM - Admiralty proceedings, stay or release on bond, 1567. - Depositions de bene esse, 1472. Place of suit in Eastern District of Mich- igan, 1073. INSANE PERSONS Alaska, admission to hospitals, 36.11a, Ap- pendix p. 1775. 428914 b, Alien immigrants 428914.j. Appeals from district courts to supreme Court, time for taking, 1649. Apprehension and detention in District of Columbia, 9334, 9835. Army insane on Pacific Coast, how cared for, 9305. Census, statistics, 4387. Certificate as to sanity or insanity, quali- fications of physicians, 9338. se Claims against United States, 1147. Limitations, 991 (20). Confinement in jail in District of Colum- bia forbidden, 9327. Convicts returned to prison upon restora- tion to sanity, 9323. Wºº, committed to state asylums, Criminal insane, admission to insane hos- pital, 9319-9321, Delivery to private persons giving bond, excluded, GENERAL INDEX * INSANE PERSONS (Cont'd) Discharge from hospital or asylum upon certificate of sanity, 9337. District of Columbia, 9295-9339. Employment of aliens On passenger Ves- sels, 4289%.S.S. - - Enlistment, army, 1886, 2311. Navy, forbidden, 2581. Punishment, 2979. False affidavit for apprehension of, pen- alty, 9339. Filipinos, how cared for, 9306. Guardians, payment to under war risk insurance act, 514mm mm. Homestead entrymen, final proof and payment, 4544. Idiot, non compos, 1unatic and insane person included in, 1 Inmates of national home for disabled volunteer soldiers on Pacific Coast, how cared for, 9305. Limitation of suits on marshal’s bonds, 1310. Limitation of time for presenting claims under War Risk Insurance Act, 5.14ssss. Naturalization of wife of alien becoming insane after declaration of intention, 4365. *Naval service or marine corps, care of, 281 3. Patents issued to legal representatives, 9440 . St. Elizabeth’s hospital, 9292-9339. Admission to, 9301aa. Convicts, 9320. Indigent insane of District of Co- lumbia, 9307-9317. Application by visitor, 9311. Certificates for, affidavits, 93.10. Conveyance to hospital, 93.12. Expenses of commitment, 93.12. Inmates of National Home for Disabled Volunteers, 9304. Inmates of soldiers’ home, expense, how paid, 9302. Nonresidents of District of Colum- bia, 9315. Pay patients, 9325. Fersons accused of crime, 93.19. Persons having property, 9314. Condition, 9324. Persons in public health service, 930 Charge for, 9302. Persons of army, corps, etc., 9301. . Private patients, 9324. Transfer to, of American citizens adjudged insane in Canal Zone, 9304a. Appropriations, to public hospitals, 9308c. navy, marine Board of visitors, admission of insane, persons having property, 9314. Application for admission of non- residerlts of District of COium- bia, 9315. Appointment, 92.98. . Approval of appointment of dis- bursing agent, 9293. By-laws to be made, 9300. Compensation, 9298. Number, 92.98. Powers and duties, 9300. Rate for private patients to be de- termined, 9324. r . Report, 9300. Secretary, 9293. Term of office, 92.98. Vacancies how filled, 92.98. Visitation of hospital, 9300. By-laws for government of, 9300. Convicts, admitted, 9320. Cºed in State asylums, when, Returned upon restoration to sani- ty, 93.23. Mººr of determining sanity, Transferred to, 9321. Cº.; of patients, determination of, IJeceased inmate, disposition of mon- eys, 9332. I}isbursement of appropriations, 9328. Diebºs agent, accounts to be kept, Bond, 9293. . x- Custody of moneys, 9293. Disbursement of patients’ and pensions, 9293. Duties, 9293. - Persons temporarily detained upon certificate of sanity, 9337. funds [Reference transfer of part of, [Page 2160] INSANE PERSONS (Cont'd) St. Elizabeth’s hospital (Cont'd) Discharge of patients, on bond, 9326. Restoration to former status, 93.18. Establishment, 92.92. Exchange of laundry machines and other equipment, 9331b. º Exchange of surplus products and waste material, 9331. Exchange of typewriters and other equipment, 9331a. Funds of patients, 9293, 9295. Regulations concerning, 9295. Independent or pay patients, how re- ceived, 9325. Regulations for payment of board by, 9325. Indigent insane nonresident of District of Columbia, how admitted, 9315. Returned to their residence, etc., Indigent insane of District of Colum- bia, admission to hospital, 9307- 9317. Application by visitor for admis- sion to hospital, 9311. Certificates for admission to hospi- tal, 93.10. Conveyance to hospital, 93.12. Rººses of admission to hospital, 2. . Proceedings for commitment, 93.13. Intoxicating liquor not to be sold near, 9333. - - - - Name of government hospital changed to St. Elizabeth’s Hospital, 9292.a. Object, 92.92. Payment of cost of maintenance of persons committed by Public Health Service, 9302a, Appendix p. 1798. Pensions of inmates, how disposed of, 93. - Permit to use certain lands, 9308d. Persons admitted to, 9301-9325. Persons having property to pay por- tion of expense, 9314. - Private patients, rate of board, 9324. Sale of surplus products and waste material, 9331. Sale of typewriters and other equip- ment, 9331a. . Superintendent, appointment, 9293. Appointment of disbursing agent, Bond, 9293. Chief executive officer, 9293. Disbursement of patients’ and pensions, 9293. Disposition of moneys of deceased inmates, 9332. . Duties, 9293, 9301. Patients’ 92.95. Qualifications, 9293. Reports, 9297. Residence, 9293. Salary, 9293, 9294. Special bond, 9295. Supervision of, by Secretary of Inte- rior, 681. Temporary detention in, 9336, 9337. Transfer from to public hospitals, 93082. Transfer of part of appropriations for St. Elizabeth’s Hospital to public hospitals, 9308c. - Temporary commitment, 9336, 9337. Transfer from military hospital to pub- lic hospitals, 9308b. INSECTICTDE ACT See Insecticides Clººd Fungicides. Text of act, 8765–8777. INSECTICIDIES AND FENGICIDIES General provisions, 8765–8777. Adulterated, definition, 8771. Lead arsenate, 8771. Other insecticides, 8771. Paris green, 8771. Strength or purity below professed standard, 8771. Substitutes, 8771. Substitutions injurious to vegetation, 8771. - Valuable constituents abstracted, 8771. Adulterated or misbranded articles, in- tended for export, 8766. . Certification of violation to district at- torney, 8768. - Delivery to owner on bond, 8774. Destruction, 8775. - Disposition of articles condemned and of proceeds, 8774. funds f funds to be deposited, s are to sections, except where otherwise indicated.] HNSECTHCIDES AND IFUNGICIDIES (Cont'd) . Adulterated Or misbranded articles (Cont'd) Interstate or foreign commerce in, pro- hibited, 8766. Jury trial, 8774. Libel, 8774. , t , Manufacture in territories or District of Columbia prohibited, 8765. Notice of, 8768. Notice by publication of judgment of court, 8768. Pºdº; for seizure and condemna- 1Orl, Refusal of admission, 8775. Seizure for condemnation, 8774. Venue of proceedings, 8774. - Cººtion and examination of Specimens, Delivery to consignee on bond, 8775. District, attorneys, notice to violation of act, 8768. - . Prosecutions by, 8769. Examination of samples, 8768, 8775. Fungicide defined, 8770. Guarantee by wholesaler, jobber, etc., as protection to dealer, 8773 Insecticide defined, 8770. Lead arsenate defined, 8770. Misbranded defined, 8772. Misbºns, arsenic, amount not stated, 772. . Fälse branding as to place of manu- facture or production, 8772. False or misleading statements On package or label, 8772. Imitations, 8772. Incorrect statement of weight or meas- ure, 8772. - Inert substances, 8772. Label or brand to deceive or mislead, 87.72. . Removal and substitution of contents, 87.72. Paris green defined, 8770. Person defined, 8776. Regulations for carrying out provisions Of act, 8767. “Territory” includes Alaska and insular possessions, 8776. Title of act, 8777. INSECTIVOROUS BIRDS Migratory birds, protection, 8837. 8837a-8837m, Appendix p. 1795. INSECT PESTS See Plaºvts. w Importation, transportation, quarantine, etc., of nursery stock, etc., 8752-8769. Letters, parcels, etc., containing, non- mailable except for Scientific purposes, Mailing, etc., penalty, 8749. Regulations for, 8749, 8750. & ſº ſº Transportation, etc., except for Scientific purposes forbidden, 8748. Penalty, 8751. - Regulations for, 8750. INSIGNIA - - American National Red Cross, fraudulen representatives of, use of, penalty, 7700. INSOLVENCY See Bankruptcy. . Claims of United States against insolvents to have priority, 6372. Federal reserve bank member, 9790. Priority of surety on bond of insolvent to United States, 6374. HNSPECTION See Allieſts dustry ; Inspector General, tor General’s Department ; I'vspec- tors; Internal Revenue ; Meat In- spection ; Pldºvts, Secret Clºy of 49- Ticºtliºi/re. Vessels, see Steam Vessels. Accounts of accounting officer of naval militia, 3078a (17). Alien passengers on arrival, 4289%hh- 4289%ii. - Animals, meats, and meat and dairy prod- ucts, 8681–8716. Army subsistence supplies, 6844. Boilers of locomotives, 8631-8639, 86396. Books and records as to denatured alcohol withdrawn from bond without payment of tax, 6132. - Books, coai companies, 31.15%q. Distillers, 6084. - Indian agent to be opened for, 4001. Office of clerks of district courts, 1383. Rectifiers or wholesale dealers, 6100. Animals and Aºimval I??- I?? Spec- GENERAL INDEX [Page 2161] [References are to sections, except where otherwise indicated.] HNSPECTION (Cont'd) Certificate of marriage, 10492. ' Cigars, by commissioner of internal rev- enue, 6206. Dairy products, 8716. Disbursements by disbursing officers of Army, 330, 331. - Enrollment or license of vessel engaged in domestic commerce, 8085. - Establishments for propagation, prepara- tion, etc., of viruses, etc., 8780. For domestic animals, 8785(6, 7). Exports and imports, state duties exceed- ing inspection cost prohibited (Const. art. 1, § 10, cl. 2). - Fuel in District of Columbia, 6838. IHorses purchased for cavalry, artillery, etc., 6848. Imports and exports, state duties exceed- ing inspection cost prohibited (Const. art. 1, § 10, cl. 2), Indices of judgment, records, 1607. º List of names of persons paying Special tax on occupations, 5963. Live stock in quarantined States, etc., 8703. Mail cars, 8616. Materials for steam boilers for navy, 6866. Merchandise, notified for exportation, 5738. Military stores before sale, 1972. Motor boats, engines and boilers, etc., 8277. National guard, 3064. National Horné for Disabled Volunteer Soldiers, 92.80. Naval militia, 3078a.(28). Nursery stock, etc., 8752-8760. Opium orders, 6287k, Process or renovated butter, 6239, Provisions on naval vessel, 2980(7, 11). Records, bankruptcy proceedings, 96.55. Purchasing agent for Post-Office De- partment, 579. Returns of income by corporations, 6336n [b]. º Statements and returns of opium transac- tions, 6287k. • State Soldiers’ Homes, receiving national aid, 9288. Reports, printing, binding, number of copies, distribution, 7133. Supplies for Quartermaster’s Department, 68 Surgeon’s report on examination of pen- sioner, 9102, 9104. Vessels, detail of navy officers for, 2609. Complained of by seamen as unsea- worthy, 8345-8352. In foreign port, 8348-8352. Fees for, 8138. State laws observed before clearance, 7794. |United States, exemption from re- quirements, 7707a. Registration abroad by consular officers, 7709a. Viruses, serums, etc., mals, 8785(3). INSPECTOR, . GENERAL Assistant, 1772. Rank, 1771. Soldiers’ Home inspected by, 9237. INSPECTOR GENERAL’S DEPART- MENT for domestic ani- Accountant, pay, 2132. - Pay sea travel, expenses, 2126. Assistant inspector-general, 1772. Chief of Staff to have supervision, 1763. Composition of, 1771. Expert accountant, 1774. - Inspection of National Home for Disabled Volunteer Soldiers, by, 9280. Number of officers, 1771. Part of army, 1717, 1717a. Promotion, 1905. HNSPECTOR, HNSTRUCTORS Offices for, 3074a.a. HNSPECTORS See Chief Inspectors ; I'm migratio?! 3 Indian Inspectors ; I'm Spection : I’rt- spector General ; Lighthouse Serv- ice ; Meat Inspection ; Post Office Inspectors. Local Inspectors of Steam, Vessels, see Stectºn, Vessels. Medical, see Medicine and Surgery. Mine inspectors, see Coal Mines. Pay inspectors of navy, see Pay Corps. Vessels, see Steam Vessels. Armories, pay, 3080, 3083. Bureau of light-house inspectors, clerks, and employés, 896. - COMP.S.T.’18—136 INSPECTORS (Cont'd) C. inspector in public printers’ office, custº accommodations for, on vessels, 5569. Appointment at ports temporarily es- tablished in case of insurrection, 10.156. Baggage, examination by, 5498. Boats employed for use of, 8459%b (55). Book kept by, 5567. Cargo, delivery attended by, 5568. Examination of, and superintend- ence of delivery, 5566. Chºe Of package before exportation, Compensation, delay in delivery of cargo, 5570, 5573. Night service, 5571. Proceeding from one district to another. 5569. Distilled spirits and wines, landed under inspection, 5576. Marking casks, etc., of, 5577. District superintendents of life sav- ing service, 8520, 8522. Employment by collectors, 5359. Extortion, penalty, 5377, 5378. Females, 5767. Free transportation, 8563. Imported merchandise notified for ex- portation, 5738. Keepers of life saving stations, pow- ers of, 8531. Merchandise, baggage, etc., from con- tiguous foreign countries in- spected by, 5812-5814. Not to be delivered without in- Spection, 5589. Transported in bond, 5698. Oaths administered by, 5502. Passenger vessel, inspection on meas- urement of, 8012. Port of New Orleans, temporary in- Spector, 5338. Returns of deliveries signed by, 5581. Routes for export to Mexico, 5340. Seizure of arms, etc., intended for export, 7678d. Special agents as, in foreign territo- ry, 5709. Superintended by surveyors, 5365. spºntendent of life-saving stations, Unlading vessel in distress supervised by, 5583. Unlading vessel in quarantine, 9151. Vessels, accompanying to port of en- try, 5516. Bºed and searched by, 5761, Carrying passengers from United States, examination of, 8013. Locks and fastenings on, 5773. Seizure of, 5761. Warrant for search of dwelling or Store, 5769. - Warrant of arrest for violation of Chinese Exclusion Act to be issued On complaint of, 4334. Explosives, 31.15%g, 311514.h. Fuel in District of Columbia, 6838. Grain standards act, licensing, duties, etc., 87.47%f. - Internal revenue, appointment to carry out opium registration act, 6287p. Leave of absence with pay, 5877a. Per diem in lieu of subsistênce, 5861a. Interstate Commerce for enforcement of Safety appliance act, 8616. Labor Department, 933. Life-Saving stations, revenue marine offi- cers detailed as, 8462. Lighthouses, transferred to office of su- perintendent of lighthouse, 8446a, Ap- pendix p. 1792. Locomotive boilers, 8632–8639. 8632, 8633, Appendix p. 1794. Marifie Corps, 2911, 2913. Marine Corps staff, 2906. Militia, details of army officers, 1997. *:::: authority to administer oaths, 3037. New York Harbor, appointment, powers and duties, 9935. Post Office, payment to legal representa- tives when killed on duty, 7247b. Per diem allowances, 7548a, 7548b, Ap- pendix p. 1788. Public buildings, expenditures for as- sistants from appropriation for furni- ture, etc., 6777. - INSPECTORS (Cont'd) Railroads, boiler inspector, 8639b. Pºement of Safety appliance act, Veterinary Corps as, 1724a. INSPECTOR'S DEPARTMENT Marine corps, senior grade officers to have rank of brigadier general, 2907b. HNSTRUCTORS See Military Alco demy Military In- Struction ; Militia ; Naval Alcademy. Nautical schools, 2764-2766 INSTRUMENT MAKERS Coast and Geodetic Survey, 8561a. HNSUILAIR, AFIFAHRS Bureau of, act relating to national de- ſº riot to repeal la:WS relating to, 345a. Additional assistant to Chief, appoint- ment, Pay and allowance, 348. Rank, 348. Assistant to Chief, appointment, 347. Pay and allowance, 347. Rank, 347. Business assigned to, 345. Chief, appointment, 346. Pay and allowance, 346. Rank, 346. Salaries, Term of Office, 346. * Detail or detachment to, 1999c. Name, 345. Officers, regular army composed in part of, 1717a. - INSRJLAR, FORCE Estimates for expenses of force within jurisdiction of Department of Justice, 6719. - INSUILAR POSSESSIONS See Gwann , Guano Islands ; Philip- pines ; Porto Rico , Virgin Islands. Alien passenger lists, 4289%g. Appeals to court of Customs Appeals, time for, 1189. Certificate of residence to Chinese per- ; in, regulation for enforcement, Chinese Exclusion Act applicable to, 4337. Chinese laborers may travel from one lººd to the other, of the same group, 37. - Deportation of aliens 4289%j. Enrollment of citizens in naval auxiliary reserve, 29.00%a.(2). Estimates for fortifications, 6703. Federal reserve banks, 9801(2c). Opium, purchase by officers of, without arriving from, registration, or payment of tax, 6287g. Registration and tax, act applicable to, 6287h. Seizure of enemy vessels, 8146rr, 8.146s. “Territory” includes, 8728, 8.776, 8818. “United States” includes, 10212h1/16, 10514a. INSURANCE See War Risk: Insuraº.ce. Bankruptcy, trustee’s title, 9654. . Casualty insurance, internal revenue tax On policies, amount, 6309%a. Internal revenue tax policies, ex- emptions, 6309%a. Returns of persons, etc., Subject to, 6309%b. Conspiracy to cast away insured vessel, 10469. Dividends payable to individuals subject to income tax, 6336aſb]. Fire insurance, internal revenue tax dºn policies, amount, 6309%a. Internal revenue tax on policies, ex- emptions, 6309%a. Returns of persons, to, 630944b. Foreign insurance companies, Special ex- cise tax, amount, computatiºn, 5980a. Credit on payment of other form of tax, 5980a. etc., subject Nonpayment a misdemeanor, fine, 5980j. Records, statements and returns, 5980k. Returns to commissioner as condition to allowance of exemption, 5980a. Fourth-class mail matter, 7324. • GENERAL INDEX INSURANCE (Cont'd) - Insurance companies, enemy or ally of enemy, licenses, etc., 31.15%bb. Income taxes, 6336j-6336n. - Deductions, 6336![a, b]. - On corporations, assessment insur- ance companies, deposits treated as payments to reserve funds, 6336lſc]. - On individuals withholding tax at Source, deductions and exemp- tions how obtained, indemnity, 6336iſb]. - Returns, 6336xx, 6336y. Interºger, district for filing bill, 1a. Hearings, 991a. Jºietion of district courts, 991a. Orders and decrees, 991a. Process, 991a. Life insurance, income tax exemptions, 6336d. Internal revenue tax on policies, amount, 6309%a. Exemptions, 630914a. Returns of persons, etc., subject to, 6309%b. Policies exempt from income tax, 6336d. - Premiums paid not to be deducted in computation of income tax, 633622. Return premiums, exemption from in- come tax, 6336d. Marine insurance, on policies, amount, 630.9%a. Internal revenue tax on policies, ex- emptions, 6309%a. Returns of persons, - to, 6309%b. Owner destroying insured vessel, Panama railroad, 10053. Refund of internal revenue tax as affect- ed by, 5946. Relief of soldiers and sailors, 3078%g- 3078%p. Reserve funds, deposits with state treated as payments to for purpose of income tax, 6336l[c]. - Set off against damages for injuries to carriers’ employés, 8661. Shareholders, names and addresses to be given on request for purpose of income tax, 6336c. - Special excise tax on companies, amount, computation, 5980a. Credit on payment of other form of Subject 104.73. etc., tax, 5980 a. 1. Exemptions, 5980a. - Nonpayment a misdemeanor, fine, 5980j. Records, statements and returns, 5980k. - Voluntary bankruptcy, not entitled to, 9588. War risk insurance, 514a–514VV. 514b%-514uluu, Appendix p. 1738. INSURRECTION - Calling militia, power (Const. art. 1, § 8, cl. 15). Call of naval militia in case of, 3078a (32, 33). Citizens of United States against foreign governments, prevention by ministers of United States, 7640. Collectors of customs may require bond that no part of cargo of vessels, etc., shall be used in aiding, 10163. Condemnation of captured insurrection- alry property, venue, 1028. Confiscation of property employed 101.50-10152. - Pº incurred, validity (Const. am. 14, § 4). º - Forfeiture of vessels attempting to enter closed ports, 10159. Inciting, punishment, 10168. Investigations to prevent frauds, etc., in trade between States, etc., 10149. Letters or writings advocating ed nonmailable, 10401b. License for commercial intercourse with part of State in, in certain cases, 10146, 10147. Officer trading without license in in- surrectionary states, 10148. Liens of loyal Creditors upon condemned vessels preserved, 10164. * : Militia called out, power of Congress (Const. art. 1, § 8, cl. 15). - Navy, employment of force of, to collect duties in case of, 10158. of Congress in, declar- internal revenue tax [Page 2162I [References are to sections, except where otherwise INSURRECTION (Cont'd) - - Participation in after oath to suppo gonstitution, disability (Const. am. 14, 3). - Ports of entry changed on account of, 10156. - Proclamation to disperse insurgents, 10142. • . - Prohibition of trade in captured and abandoned property, 10155. Refusal of clearance to vessels laden with suspected merchandise, 10162. Removal of customs house, 10157. Seizures of vessels and cargo, Venue, Against state government, suppression by president, 10.139. Suspension of commercial 10143–10145. Transportation of property intended for aid of, may be prohibited, 10154. Trial by ministers and consuls of Unit- ed States in certain foreign countries, 7647, 7648. - Against United States, president, 10140. Vessels at sea, etc., belonging to inhabi- tants of States in, when forfeited, 10161. Vessels detained in districts by customs officers, 10157, 10158. -- Vessels employed in addition to revenue cutters, 10160, - Vessels in ports of United States in time intercourse, suppression by of, regulation, 9959%a–9959%d, 10514a- 105.14d. - Violation of civil rights, suppression, 101.41. INTEND ANTS Subpoenas in contested elections of mem- bers of House of Representatives, Sue, 167. INTERCOURSE ACT See Indian Affairs ; Insurrection. Indian Tribes, 4095-4097, 4100, 4107, 4108, 4116–4118, 4129-4132, 4135, 4144, 4148, 4150, 4153-4155, 4157-4160. Insurrectionary states, 10144–10146, 10148, 10149, 10152, 10155. INTERIEST - Advances, by War Finance 31.15%e, 31.15% ee. To federal controlled transportation Systems, 31.15%f. - Against delinquents accountable for pub- lic money, 6623. Balances due post-office, 1602. Bonds issued to postal savings depositors, 7589. Mortgages, etc., of corporations, etc., income tax, withholding at Source, 6336iſc]. War Finance Corporation, 31.15%g. Certificates of indebtedness, 6824, 6829kk. Payable in gold coin, 6830. For reclamation fund, 4711. Claims against United States, 1168, 6407. Debentures, 1603. Deferred payments 4726. - Delinquent payments (of lands within reclamation projects, 4729, 4732a. Deposits in national banks designated as depositaries of public moneys, 9693. Deposits of proceeds of sales of United States bonds, etc., 6829m. Deposits of savings of seamen of navy, 2875. Deposits of unallotted pay of persons in military or naval service, 5140oo. Federal reserve banks on rediscounting of discounted paper, 97.94(b). Federal reserve notes, 9799 (4). Foreign bonds, mortgages, etc., income tax, withholding at source, 6336iſd]. Income taxes, 6336i [a]. Deductions of interest paid, 6336eſa], 6336fſa], 6336/. - Internal-revenue 5906, 5907 Corporation, for townsite lots, taxes overdue, Investment of proceeds of Indian lands, payment to Indians, 4074. Judgments, Court of Claims, 6406. District courts, 1605. Against United States, 1578. Loans to war-industry employés, 31.15%a. Moneys retained by Secretary of Interior due incompetent or orphan Indians, 4092. - National bank loans, etc., 9758, 9759. Naval pension-fund, rate, 9086. is- indicated.] - INTEREST (Cont’d Obligations of foreign governments pur- chased by United States, 6829f 6829.j. 6829.j, Appendix p. 1782. Panama Canal bonds, 6826, 6828. Payment, anticipation, 6814. Pecuniary interest, agents to manage sea! fisheries in Alaska in right to take seals, 8863. - Directors of War Finance Corpora- tion, 31.15%b. District judges, 987. Government agents and employés, Contracts under food conserva- tion act, 31.15%f. Indian contracts, 6893. - Interstate commerce commissioners, in carriers, 8575. Member of Congress in public con- tracts, 10284, 10286. Members of Capital Issues Commit- tee, 31.15%kk. Officers and assistants in government printing office, in contracts, 6990. Officers in claims against United States, 10278. In patents, 742. Persons interested as witnesses Court of Claims, 1177. Postal service employés in mail con- tracts, 10396. Public printer, 6990. Registers tion, Postal savings deposits, 7586, 7588. Proceeds of sales of land held for minor Indians, 4237. Public debt, appropriation for payment of, 6799(9), 6813. Bonds issued to Pacific Railway, per- manent appropriation for payment, 6799 (10). “ - Certificates 6564 in etc., - in contracts, or receivers, disqualifica- issued in payment of, Coin from duties set apart to pay, 6810(1). Deposits for redemption of national bank notes not to bear, 9754. • Legal tender, 6575. Loans to meet public 2 expenditures, Due to Mexican situation, etc., 6.8296. - National bank notes not receivable for, 97.21. Payment, 6813, 6814. Soldiers' Home fund, 9222. Soldiers’ savings deposits, 2.194. State and federal obligations, from income tax, 6322. In suits on bonds for duties, 1601. . Sums due federal controlled Carriers, 31.15%b. Sums due United States by federal Con- trolled carriers, 31.15%b. Taxes owing by persons in military Serv- ice, 3078%pp. - Trust funds of Indians, payment on de- posit in Treasury, 4076. United States bonds, 6829e, 6829ee, 6829ii. 6829ii, Appendix p. 1782. Conversion of bonds into bonds bear- ing higher rate, 6829gg, 6829k. Payment in gold coin, 6825, 6830. United States bonds and certificates pay- able in foreign money, exemption from taxation, 6829 lll, Appendix p. 1782. United States gold notes and bonds, 98.00(7). INTERFERENCE Immigration officers, deducted 4289%i. conservation act, Officers under food 31.15%m. Regulation of vessels in time of War, 995944 b. - INTERFERENCES - Appeal from board of examiners to Com- missioner, 9455. Appeal to board of examiners, 9454. Bill of equity to adjust, 9463. Notice to applicant and determination of priority, 9449. * Trade-marks, 9507. Cancellation of registration, 9498. Declared by commissioner, 9492. INTERIOR DEPARTMENT See Census ; Patents : Public Lands ; 'Secretary of Interior. - - Auditors for, see Auditors. GENERAL INDEx [Page 21631 - [References are to sections, except where otherwise indicated.] INTERIOR DEPARTMENT (Cont'd) Bureau of Mines, see Mines, Mirving, Minerals, Mineral Lands, Resources, a?vd Claiºns. - Conn missioner of general land office, see Convmissioner of General Laºd Office. Commissioner of Indian affairs, see Comºmissioner of Indian Affairs. Coºnºmissioner of Patents, see Commis- Sãoºver of Patents. Com/missioner of Pensions, see Com- 'missioner of Pensions. Director of Bureau of Mines, see Di- rector of Bureau, of Mirves. Director of Geological Swºrvey, see Di- rector of the Geological Survey. General land office, see General Land Office. Office of Education, see Education. Patent-Office, see Patent-Office. Pensions, see Pensions. Reports, see Secretary of Interior. Returns Office, see Returns Office. General provisions, 665-787. Accounts, examination of by auditor, 420. Assistant attorney general, Federal Re- porter, etc., for, 1206. Title changed to solicitor for Depart- ment of Interior, 523a. - Assistant secretary, 666, 667. Auditor for, 416–471. Board of Appeals in office of Solicitor, salaries, 672a. 672a, Appendix p. 1744. - Bulletin of Bureau of Education, expense of printing and binding, 767. Bureau of Efficiency, submission to Sec- retary of Interior of system of book- keeping for Bureau of Indian Affairs, 6789a. Bureau of Mines, 783–787. Census records transferred to census of fice, 920. Certificate of official character of officer in, fee for, 679. - - Chief clerk, to edit, index and publish Official Register, 7092. Clerks and employés in, 669-674. Commissioner of General Land Office, 690–712. - Commissioner of Indian affairs, 713-726. Commissioner of Patents, 735-760. Commissioner of Pensions, 727-734. Copies of files affecting land titles, 708. Copies of records, etc., to be furnished, fees, authentication, etc., 675-690. Detail of clerks to assist house commit- tees, 674. Director of Bureau of Mines, 783-787. Director of Geological Survey, 770-782. Disbursing clerk, appropriations for Cap- itol, 3372. Disbursements for Patent-Office made by, 760. Documents allotted to, Official Register, 7092 Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Employé designated to sign tribal deeds, etc., 725. Estimates for expense of government in territory, revision by, 6719a. General Land Office, 690–712. Investigation of claims of bona fide pur- ºers of lands granted to railroads, 03. . Lands, donation of for mining experi- ment and safety stations, 787 b. Lºlibrary, Supreme Court reports for, List of employés in government printing office to be furnished to, for official reg- ister, 7006. Location at seat of government, 665. National forests, 5121-5187. National park service, organization, 787d. National parks, reservations, and monu- ments, 5188—5281. - Office of Education, 765-769. Office of Superintendent of Documents in abolished, 7043. Officers, commissions, 3251. Payments to Indians from moneys ap- propriated in satisfaction of judg- ments, 4055. Offices, bureaus, etc., transferred to De- partment of Commerce and Labor, 857, 859. . Transferred to Department of Com- merce by President, 860. Passports, issuance to foreigner entering Indian country, 4131. INTERROR, HDEPARTMENT (Cont'd) Patent-Office, 735-760. Models to be retained by, 747. Pensions, aid to army nurses in estab- lishing claim, 9071. Permanent appropriations, 6799041–49). Praetº before, disbarment, hearings, a. Regulation, etc., 684. Property belonging to Freedmen’s Hospi- tal to be transferred to, from War De- partment, 3975. Provisions applicable to all Executive De- partments, 232-283. Public lands, 4435–5119. Records, etc., inspection, etc., of, Reports of Secretary, 685-689. Requisitions for expenditures to be sign- ed by Secretary, 683. Returns Office, 761–764. Secretary of Interior, 665–787. Head of, 665. - Solicitor, board of appeals, 672a. Title changed from assistant attorney general, 523a. Suspension and exclusion of practitioners, hearings by order of commissioner of general land office, 699a. 676. | INTERLOCKING DIRECTORATES Prohibition, exceptions, 8835h. Interstate Commerce Commission to enforce act, 8835.j. INTERLOCUTORY INJUNCTION See I’m juſnction. - INTERNAL COMMERCE See Domestic Coºnºve?"ce. Rºgº on, number of copies, distribution, INTERNAL IMPROVEMENTS_ Restrictions on land grants to California, INTERNAL REVENUE See Adulterated. Butter; Assessments of Internal Reven we ; Bonded Ware- houses ; Cigarettes : Cigar's . Col- lection. Districts ; Collection of In- termal Revenue ; Collectors Cont- missioner of Internal Reven we ; Cot- tom, Futures Taa: ; Crimes and Of- fenses ; Distilled Spirits and Wines; T)istrict Attorneys ; Drºwback: ; ES- tate Taa: ; Eaccess Profits Taa: ; Fer- mented Liquors ; Filled Cheese ; Fines and Penalties ; Forfeitures : Gaugers ; Income aac ; Internal Revenue Officers and Algéºlts Leaf Tobacco • Marshals : Mediciºves ; Miased, Flowr ; Munitions T'aº OleO- margarine ; Playing Cards ; Progess Butier; Renovated. Butter; ... Sales ; Searches and Seizures ; Snuff ; So- licitor of Internal Reven we ; Store- keepers ; Superintendents : Tobac- co; Treaties; White Phosphorus Matches. Circulating motes of banks, see Banks Cºnd Ba.71 kerS. Philippines, see Philippines. Refunds of taayes, see Refunds. Remission of forfeitures, see Remis- SiO71. Solicitor of, see Solicitor of Internal Fºe")e?!?!e. Accounts, examination by Auditor, 420. Of receipts, 370. Aºiferated butter, 5968, 5978, 6233-6238, 62 . Apothecaries, exemption, 5975. Appropriations for fees of United States officers, use for warrants in prosecu- tions under laws prohibited, 1389. Arrests for violations of laws, Warrants, 1677. | Assessment and collection, 5895-5954. Banks and bankers, circulating notes, 6288–6299. Cigarettes, 6097, 6197, 6202, 6204, 6206, 6214. Cigars, 6097, 6178, 6180, 6183, 6185, 6187– 6214, 6341, 6350, 6358. Congress, power to levy (Const. art. 1, § 8, cl. 1). - Corporation tax, 5980a. Foreign corporations, 5980a. Costs in suits on information, for penal- ties or forfeitures, 1610. Cotton futures tax, 6309a-6309v. Dealers defined, 6348b. Decision of commissioner final, 6347. Detailed statements of expenditures for punishments of violations of laws, 6366. Distilled spirits, 5981-6137. INTERNAL REVENUE (Cont'd) Empty stamped packages, disposing of or receiving, penalties, 6357. Enforcement, forms for, 384. Estate tax, 6336%a-6336%m. Excess profits tax, 6336%a-6336% o. Exports from United States reimported, 52910404). Reimported articles subject to duty equal to tax, 5313. Exports to Porto Rico, exemption, 5295. Fermented liquors, 6138-6161. Filled cheese, 6242-6257. Flavoring extract, manufacturers, exemp- tion, 5975. - Forfeitures of goods under laws, casks, éte., included, 6359. Fractional part of cent disregarded in computation of taxes, 6346c. Franchise tax on net earnings of reserve banks, 9791(1, 2). * Fraujº, on, detention and punishment, 6365. Fraudulently executing documents re- quired by internal revenue laws, Having property in possession with in- tent to sell in fraud of law or to evade taxes, 6354. Prosecution by district attorneys, 1297. Removing or concealing with attempt to defraud, 6352. Income tax, 6336a-6336x. Increase in postal rates as, 7354a, 7354b, 7358a–73580, 7360a, 7361a. Insurance policies, 6309%a, 6309%b. Jurisdiction of district courts, 991(5). Laws, Alaska Legislature not to amend or repeal, 3530. Co-extensive with jurisdiction of Unit- ed States, 6350. Customs duties, laws not to apply to § under internal-revenue laws, 368. . Effect of partial invalidity of war rev- enue act, 6371%a. Laws made part of act to increase revenue for war purposes, 6348a. Legacies and successions, lien for, 6369. Limitation of prosecutions for violations of laws, 1711. - ſ Liquor tax receipt as evidence of Viola- tion of liquor law, in Alaska, 3643j, 3643nn. - In District of 342.1%ff, 3421%gg. Manufactured articles withdrawn from bonded manufacturing warehouse for sºpment to Philippines, exemption, 567 Columbia, Manufactures exports to Philippines, ex- emption, 5294 . Manufacturing chemists, exemption, 5975. Mixed flour, 6258–6270. Munitions tax, 6336%a-6336%m. Officers of internal revenue, 5842–5894. Oleomargarine, 6215-6241. Opium, tax on, 6287a-6287f. Payment of taxes by vendee or lessee in certain cases, 6348b. Person defined, 5842. - Philippine manufacturers, 5294. Playing cards, 6310-6318. Porto Rican imports, 3749, 3803ccC. Porto Rican manufactures, fund for ben- efit of Porto Rican government, 3752. Stamps affixed in Porto Rico, 3750. Pºss butter, 5968, 5978, 6233, 6237, 6239, 2 Provisions common to several objects of taxation, 6337–6371. Provisions relating to, 5842–6371. Receipts, report Of, º Records, 6348a. Regulations for enforcement of laws, 384, a. War revenue act, 6349b. Returns, 6348a. Returns of district attorneys to Commis- sioner, 1300. Revised Statutes defined, 5892. Sales of goods, etc., made to avoid, debt therefor void, payments recovered as forfeitures to government and complain- ant, 6356. Snuff, 6.162-6196. Solicitor of, 521, 522. Special, taxes on occupations, 5955-6137. Billiard rooms, 5980i. \ Bowling alleys, 5980i. Brokers, 5980b. Carrying on business without pay- ment of tax, 5965–5969. GENERAL INDEX INTERNAL REVENUE (Cont'd) Special taxes on occupations (Cont'd) Cigarette manufacturers, 5980.j. Cigar manufacturers, 5980j. Circuses, 5980g. Concert halls, 5980f. Corporations, 5980a, 6336j-6336m. Cotton futures tax, 6309a–6309v. Custom house brokers, 5980e. Death of tax payer, business carried on without additional tax, 5964. Defenses, 5980j. Fºe to exhibit special tax stamps, Foreign corporations, 5980a. Forfeitures for non-payment, 5965, 5966. Laws applicable, 5980k. - List of tax payers exhibit in collec- tor’s office, certified copies, fees, 5963. On more than one pursuit at same place by same person, 5959. Munitions tax, 6336%a-6336%m. Museums, 5980f. Partnership, liable for only one tax, Pawnbrokers, 5980c. Payment, not to authorize violation of State laws nor prohibit state tax- ation, 5970. One tax riot to cover several places of business, 5958. Prerequisite to carrying on busi- ness, 5955. Public exhibitions or shows, 5980h. Registration of death or removal of persons paying tax, 5964. Removal of business, no payment of additional tax, 5964. - Repeal, 59.801. Returns to deputy, collector, 5.960. Ship brokers, 5980d. Stamps for payment of tax, 5961. Exhibited in place of business, 5962. Theaters, 5980f. Time act takes effect, 5980m. Time of becoming due, 5960, 5979. Tobacco manufacturers, 5980j. T. or business to be registered, 56. Stamps, accounting for, 6205. Affixing, 6318f. Amount to be charged against collec- tor, 5942. Assessment of tax on articles sold without, collection, 6348. Cancellation, 6202a, 6318e. Penalty for failure, 6318C. Removal or alteration of, 6318d. Collection of Omitted taxes, laws ap- plicable to, 6318ſ. Collector issuing Stamps before pay- ment, punishable, 5891. Consigning Or Shipping, etc., by parcel post packages, etc., Without prepay- ment of tax, punishment, 6318c. Contracts for printing, 6318f. Cotton futures tax, 63091. Distribution, 6318f, 6318g. Exports, accountability for, 6096. Forging, counterfeiting, etc., 10348. - Form of, etc., may be changed, 6343. Fraudulent cutting, removing, etc., of stamps from documents, instruments, etc., punishment, 6318d. Fraudulent using, etc., of Stamps, etc., punishment, 6318d. Furnishing, mode, 6205. Goods sold on forfeiture to be stamped by Officers, 6360. Making, signing, etc., instruments, documents, etc., without prepay- ment of tax, punishment, 6318C. 6318i, Appendix p. 1779. Manufacture, etc., of articles subject to taxation without prepayment thereof, punishment, 6318C. Permanent appropriation for, redemp- tion of, 6799 (18). Preparing, 6205, 6318f. Printing, 6556. On hand roller presses, 6344. Receipt for taxes not to be issued in lieu of, 5905. Receipts from stamps sold, 6318g. Receiving, selling and doing other for- bidden acts relating to empty stamp- ed packages, penalty, 6357. Record Of unstamped documents, in- sºments, etc., 6318k, Appendix p. Redemption, Spoiled stamps, etc., 6346, 6346a, Time for, 6346, 6346a. 10317- [Page 21641 RNTERNAL REVENUE (Cont'd) Stamps (Cont'd) Rºmance When lost or destroyed, sºs of Stamps by post masters, 3. Secreting or embezzling printing, 10325. Special taxes on occupations to be paid by, 5961. Fººtion in place of business, tools for Transmission of stamps to be by regis- tered mail, 6345. Unlawful possession or use of washed, restored or altered stamps, 6318d. Unstamped documents, etc., as evi- dence, 6318.j, Appendix p. 1780. Use of existing stamps, 6346b. Willful removal, alteration, etc., of Stamps, punishment, 6318d. Stamp tax on specific objects, 6310-6318h. 6318i-6318k, Appendix p. 1779 State defined. 5842. Statements, 6348a. sºonery, for internal revenue service, Time of taking effect of war revenue act, 637.1%b. - Tobacco, 6162-6196. - Transportation facilities by public utili- ties, 6309%a-6309%d. & Uniformity (Const. art. 1, § 8, cl. 1). United States purchase of certain articles without payment of, 6367. Virgin Islands, 39.24%.c. Tax on articles imported from into United States, 6340a. * Tax on articles imported into from United States, 6340a. White phosphorus matches, 6271-6287. INTERNAL REVIENUE OFFHCERS AND AGIENTS See Collectors ; Com/missioner of In- ternal Reven we ; District Attorneys ; Gaugers ; Internal Reven we ; Mar- shals : Storekeepers ; Superintend- €7%ts. Agents, additional agents, 5858-5859d. 5859a–5859dd, Appendix p. 1778. Additional agents, etc., collection of cotton future tax, 5859b. 5859b, Appendix p. 1778. Collection of income tax, 5859a. * 5859a, Appendix p. 1778. Collection. Of tax on estates, mu- , nitions, etc., 5859c. 5859c, Appendix p. 1778. Compensation, powers, duties, etc., 5858. Detailed statement of, 5859dd, Ap- pendix p. 1779. - Enforcement of act relating to Sale of opium, 5859d. 5859d, Appendix p. 1779. Appointment, 5856. Chief agent, compensation of, 5860. Compensation, 5856 Agents examining accounts, 5961. Limit of, 5860. Designation, 5856. Employment by commissioner to carry act relating to mixed flour into ef- fect, 6269. Enforcement of laws by, 5883. Hintry and examinations by, 5856. Fines, disclosure of operations of man- ufacturers, 5856. Extortion, 5856. Not to be interested in manufac- ture of tobacco, etc., Spirits, etc., 5856. , Forfeiture of Office, disclosure of man- ufacturers, 5887. Extortion and other offenses, 5889. General duties, 5856. Injuries to property, for, 5894. Inspection of books and records as to denatured alcohol withdrawn from bond without payment of tax, 6132. Leave of absence with pay, 5877a. Number, 5856. Limitation of, 5857. Offenses, compromise of Violations of law, 5889 Conspiracy to TJnited States, 5889. Disclosure of operations of manu- facturers, 5887. Punishment, 5856. . Embezzlement, 10265. right of action defraud [References are to sections, except where otherwise indicated.] HNTERNAL REVENUE OFFICERS AND AGENTS (Cont'd) - Agents (Cont'd) Offenses (Cont'd) R}xtortion, 5889. Receiving unlawful fees, pun- ishment, 5856. Failure to report violations of law, False entries, certificates or re- turns, 5889. Interest in manufacture of toba.cCO, etc., Spirits, etc., penalty, 5856. Neglect to perform duties, 5889. Permitting violation of law, 5889. Per diem in lieu of subsistence When engaged in field work, 5861a. Personal injuries to, right of action for, 5856. |Reports, delinquency in office, 5883. Rescuing or destroying seized proper- ty, using deadly Weapons, 10233. Resisting, 10233. Salaries and wages, payment withheld until oath is made, 3265. Cotton-futures attorneys, per diem in lieu of Subsistence, 5861a. Employés, field service, designation of posts by commissioner of internal reve- nue, 5861a. Officers, bonds, liability on for Wrong of distillery or apparatus after seizure, Destruction of emptied oleomargarine ºakes having tax paid, Stamps, 6225. Disclosure of operations of manufac- turers, punishment, 5887. Distilled spirits, detaining packages On suspicion of taxes not paid, 6078. Distilleries, entry and examination, 6016. Examination of warehouse-book of store-keeper, 6081. Imported liquors seized by when not stamped, 5651. Inspection of books and records as to denatured alcohol withdrawn from bond without payment of tax, 6132. Inspection of books of rectifiers or wholesale dealers, 6100. Returns by as to fortifying pure sweet wines with wine spirits, 61.14. Returns by rectifiers, contents, 6099. Entry of premises to make returns, 5900. Fees, statement, 5879. Statement, false Statement as per- jury, 5879. Fines, stortion and other offenses, 5889. False Statement of fees, 5879. Interest in manufacture of tobacco, etc., spirits, etc., 5888. Forfeiture of office, disclosure of oper- ations of manufacturers, 5887. Extortion and other offenses, 5889. Interested in manufacture of to- bacco, etc., distilled Spirits, etc., 5888. Injuries to property, for, 5894. Internal revenue stamps to be trans- mitted in registered packages, 6345. Laws imposing fines applicable to all persons in service, 5890. Number, 5878. Offenses, compromise of violations of law, 5889. defraud United right of action Conspiracy to States, 5889. Disclosure of operations of manu- facturers, 5887. Embezzlement, 10265, Extortion, 5889. Fºre to report violations of law, False entries, turns, 5889. False statement of fees, 5879. Interested in manufacture of to- ba,CCO, etc., Spirits, etc., penalty, 5888. - Neglect to perform duties, 5889. Permitting imported tobacco pass- ing out of their control without payment of tax, 6.186. Permitting violations of Jaw, 5889. Unlawful collecting tax from recti- fiers, 5971(3). Certificates or re- GENERAL INDEX [Page 21651 [References are to sections, except where otherwise indicated.] HNTERNAL REVENUE OFFICERS AND AGENTS (Cont'd) Officers (Cont'd) Offenses (Cont'd) TJse of stamps for distilled spirits in violation of law, 6098. Personal injuries to, right of action for, 5894. - Rescuing or destroying seized proper- ty, using deadly weapons, 10233A Resisting, 10233. Salaries and wages, payment withheld until Oath is made, 3265. Seizures, authorized, 5886. Stamping goods sold after, 6360. Transfer or suspension by commis- sioner of internal revenue, 5882. HNTERNATIONAL BOUNDARIES Fº to keep out diseased animals, { - INTERNATIONAL BUREAU (OF PER- MANIENT COURT OF ARBITRATION Contributions toward, 7684. INTERNATIONAL COMMISSIONS Investigation, of waters adjacent to . Canada, see International Water- 'ways Coºnºmission. Congresses of Navigation, appropriation for delegates to, 7833. Investigation of water adjacent to Cana- da, 99.84, 9985. INTERNATIONAL CONFERENCE Regulations of immigration, 4289% nn. INTERNATIONAL CONGRESS Participation in by President, 7686. INTERNATIONAL COURT OF ARBI- TRATION See Arbitration. INTERNATIONAL GEODETIC ASSOCH- ATION Fermanent Commission, right of United States representative to vote, 8548a. INTERNATIONAL LAW See Law of Nations ; Treaties. INTERNATIONAL MONETARY CON- ITERENCES Representation of United States, commis- sioners, 6455. INTERNATIONAL POSTAL Postage, 7394. INTERNATIONAL SION CARIDS PRISON COMMIS- Commissioner of United States for, 7685. Contributions toward support of, 7685. Membership of United States in, 7685. INTERNATIONAL RULES Collision rules, see Collision. INTERNATIONAL UNION OF AMERI- CAN REPUBLICS See Alºmerican Republics. Establishment, contributions toward, 7680. INTERNATIONAL WATERWAYS ACT See Swºr'veys. t Text of act, 9857, 9861–9864, 9882, 9897, 9903, 9925, 9972, 99.84, 9988, 9.989. HNTERNATHONAL WATERWAYS COM- MISSION Eligibility of retired officers of corps of engineers of army, 9.985. Members, appointment, 9.984. Assistants, 9984. Compensation, 9984. Expenses, 9984. Qualification, 9984. Powers and duties, 99.84. Report on dam at Lake Erie outlet, 9984. HINTERNMENT Admission of insane to St. Hospital, 9301aa. Aiding escape, 10182h. Enemy aliens, 7615. Persons belonging to armed land or naval forces of belligerent nation, 10182h. INTERPLEADER, Carrier, conflicting claimants of goods, 8604i. g Insurance companies, etc., jurisdiction of district court, 991a. INTERPRETERS Auditing accounts of Military Establish- ment at places other than seat of gov- ernment, 420a (d). Census, compensation, 4399. Oaths, 4405. Offenses, false swearing, 4408. Publishing or communicating in- formation, 4408. Refusal to perform duty, 4408. Elizabeths INTERPRETERS (Cont'd) Consulate of Bangkok, 3146. Consulates in China and Japan, appoint- ment and salaries, 3145. courth artial, appointment, 2308a, art. oath, 2308a, art. 19. Courts of inquiry, appointment, 2308a, art. 115 District court, Porto Rico, 3785. Embassies and legations, absence with- out leave, 3199. Japan, Salary, 3127. Term during which salary is payable, 3.198. Turkey, 3126. Indian agencies, appointment, removal, etc., 4014. Compensation not paid employés re- ceiving pay for other service, 4014a. Discontinuance, 4017. Leave of absence, forfeiture of Salary, 4018 Preference of Indians, 4015. Indians, payments to Indians to be in presence of, 4058. Medical examination of alien passengers, 428914i. Military commission, appointments, 2308a, art. 115. Porto Rico, 3803dq. Determination of salaries, 3803t. INTERROGATORIES Witnesses called by collector of internal revenue, 5898. INTERSTATE COMMERCE See Animals and Animal Industry , Apples ; Commerce and Navigation 3 Com/mon Carriers ; Crimes and Of- fenses ; District Cowrts : Drugs : Food ; Foreign Commerce ; Insecti- cides and Fungicides ; Insect Pests : Interstate Coºn,77verce CO777,777/issio?!, Intogicating Liquors ; Meat I?? Spec- tion : Passengers and Passenger Transportation ; Plants : Railroad ; Removal of Causes ; Supreme Court of United States ; Venue or District of Suit. Animals in transit, care of, 8651-8654. Animals, meats, and meat and dairy products, 8681-8716. Appeals to Supreme Court, 998-1000. Apples, barrels, grades, etc., 8733, 8734, 8736, 8737, 8907a, 8907b. Appropriation for enforcement of Inter- state Commerce Laws, 8578. Arbitration between carriers ployés, 8666-8676. Bills of lading, 8604a–8604W. Carriers, regulation of, 8563-8604. Commerce clause (Const. art. 1, § 8, cl. e • * Contract for sale of goods conditioned that competitors’ goods shall not be used, 8835c. Definitions, common carrier, 8628, 8663. Employees, 8630, 8666(3, 4), 8677. Foreign commerce, 8647. Interstate commerce, 8647, 8812. Railroad, 8630, 8666(2), 8677. Transportation, 8666(2). - Discrimination in price between purchas- ers of commodities, 8835b. Embezzlement of moneys of carriers en- gaged in, 8602a. Empioyés, hours of service, 8677-8680. Liability for injuries, 8657–8665. Falsely stamped gold or silver or goods manufactured therefrom, 8802-88.11. Food, drugs and liquors, 8717-8740. Immunity to witnesses in proceedings under antitrust and interstate Commerce laws to extend only to natural persons, etc., 8580. Insecticides and fungicides, 8765–8777. Insect pests, 8748-8751. Larceny of goods in, 8603. Jurisdiction of state courts, 8604. Lease of goods, conditioned that Compet- itors’ goods shall not be used, 8835c. Militia, Act not to prohibit reduced rates to national guard in joint encampment with regular army, 3066c. Monopolies, 8820–8836. Oleomargarine, butterine, transported in- tºtate etc., subject to police powers, • 8740. Plant Quarantine Act, 8752-8764. Procedure in district courts in cases ju- risdiction of which was transferred from commerce court, 995-997. - and emi- INTERSTATE COMMERCE (Cont'd) Proceedings to enforce acts relating to, parties, 8598. Process or renovated butter, commerce provisions applicable to, 6239. Radiotelegraphs, 10100–10.109. Railroads, powers of, 10058. Safety appliances and equipment, 8605–86:50. Regulating power of Congress (Const. art. 1, § 8, cl. 3). Reports by Bureau of Foreign and Do- mestic Commerce, 883. Safety. appliances, 8605–8650. Sales of goods, conditioned that compet- itors’ goods shall not be used, 8835C. Discrimination in price between pur- chasers, 8835b. Seeds and grains, 8741-8747. Suits relating to, appeals to Supreme Court, 8825. - Composition of court, 8824. Precedence of hearing, 8824. Transportation, 8563–8604. Transportation of explosives in, not af- fected by act regulating manufacture, etc., 31.15%.co. virusés, serums, toxins, etc., 8778-8785. Weights and measures, marking, contain- ers of lime of less capacity than barrel, 8907h. Shipment of non-standard barrels for- bidden, 8907d. White slave traffic, 8812-8819. INTERSTATE COMMERCE ACTS See Interstate Commerce and Cross- references thereunder. sº act, 993, 996, 997, 999, 1004-1003, Tº," 1343. 8563-8567, 8569, .8571-8576, 3579. 3581–8587, 8590-8599, 8600-8602, 86042, . 8604a.a. INTERSTATE COMMERCE COMMIS- SION - Accounts, auditing of, 420, 8589. Adding machines, exchange of old for new, 8587a. Appeal from decision of inspector of loco- motive boilers, 8635. Appearance in suits, 1005. & Applicability of existing laws relating to attendance of witnesses, production of evidence, etc., 8579. Attorneys, employment of, 8584. & Board of Mediation and Conciliation to have custody of arbitration papers, 8672(2). Boiler inspectors, allowances for office rent, stationery, etc., 8633, Appendix p. 1794. Appointment, 8633, Appendix p. 1794. Books from library of congress, 141. Brakes required on cars, 8614. Carriers to designate agent for service of notices and process, 8600. Car service regulations, 8563(8). Charging of less for longer than for shorter haul may be authorized, 8566. Clayton Act, enforcement, 8835.j. Competing water lines, extension of right of carrier to own, etc., filing of rates, etc., 8568. Competition, fact of, to be determined by, 8568. Competitive bidding on contracts between common carriers and other corporations, having common director, Officer, etc., 8835i. Complaints to, absence of direct damage to complainant, 8581. By State Railroad Commission, 8581. For damages to be filed within tWO years, 8584. Of violation of law by carriers, 8581. Proceedings upon, 8581. Conduct of proceedings, 8586. Connecting tracks between rail and Water carriers, terms and conditions for use to be determined by, 8569. Corporations holding stock in other com- panies, enforcing Clayton Act, 8835.j. Discrimination in price between purch.a.S.- ers of commodities, enforcing Clayton Act, 8835.j. Divisions, 8586. Assignments of work to divisions, 8586. Chairman, 8586. Number of members participating in proceedings, 8586. Powers, 8586. Rehearing by commission, 8586. Seal, 8586. GENERAL INDEX [Page 21661 [References are to sections, except where otherwise indicated.] INTERSTATE COMMERCE COMMIS- SION (Cont'd) Divisions (Cont'd) Secretary, 8586. Vacancies, 8586. Dock connections between rail and Water carriers, establishment, 8569. Documents allotted to, Official Register, 7092. Pamphlet copies of statutes, 7071. Statutes at Large, 7072 Drawbars for freight cars, standard height, 8609. *g Employés, employment, compensation, 8587 Enforcement of Clayton Act, 8835.j. Enumeration of powers not to exclude others, 8583. * Equity, institution of proceedings for en- forcement of tariffs, prohibition of dis- criminations, etc., 8599. Establishment of, 8575. Exchange of old typewriters, adding ma- chines, etc., for new, 8587a. Lxpenses for transportation, 8587. Explosives, regulations for transportation of, 10403. & Extension of arrangements between rail and water carriers to other vessels, 8569. Federal controlled transportation System, advice to president, 31.15%h. º Appointment of referees to determine compensation, 31.15%.C. Investigation of rates, etc., 31.15%j. * Operating income of railways, ascer- tainment and certification, 31.15%a. Rates, etc., filing, 31.15%j. Federal Reporter, etc., for, 1206. Form of reports of railroad accidents, 8647. Forms of accounts, records, etc., of Car- riers may be prescribed, 8592. Hours of service act, enforcement, 8679, 8680. Inspection of locomotive boilers, 8632-8639. Appointment of inspectors, 8633. Approval of rules for, 8634. Clerical help for chief inspector, 8632. Interlocking directorates, enforcing Clay- ton Act, 8835.j. Interlocutory injunctions, preme Court, 998 Application, 998. Hearing, 998. Judges, number hearing and concur- ring, 998. Notice, 998. Suspending or restraining orders, 998. Temporary stay or suspension, 998. Interstate Commerce Act, enforcement, 8576. Investigation of business of carrier, 8576. Investigations, inquiries may be prosecut- ed in any part of the United States in the absence of common carrier, regulations, appeals to Su- 8590. Institution of inquiries upon own mo- tion, 8581. Tailroad accidents, 8644. - Railroad safety appliances, 8640, 8641. Mandamus to compel common carriers to comply with requirements, 8592. Members, appointment, 8575. Authority to administer oath, etc., Commissioner not to participate in proceedings in which he has pecun- iary interest, 8586. Compensation, 8596. Eligibility, 8575, 8596. Eligibility for service on boards to determine compensation of federal controlled transportation systems, 31.15% c. Increase of number, 8596. Lººtion upon engaging in business, 575. * Limitation upon having interest common carrier, 8575. Number, 8596. Oaths administered by, 8586. Removal, 8575. Salaries, 8587, 8596. Time of payment, 547. Subpoenas, signing, 8586. Term of office, 8575, 8596. Vacancies, 8596. Not to impair powers of remainder of commission, 8575. Successor to be appointed for un- expired term only, 8575. Monopolies, authority to enforce compli- ance With Clayton Act, 8835.j in INTERSTATE COMMERCE COMMIS- SION (Cont'd) Offices to be hired and supplies procured, 8587. Official acts to be entered of record, 8586. Orders and decisions, by divisions, 8586. Duration, 8583. Duty of carrier to comply with, 8584. Enforcement of orders for payment. Of money, procedure, 8584. Inspection of accounts, records, etc., of carriers, 8592. Manner of serving and enforcing, 8570. Orders made only upon formal com- plaint or proceedings instituted upon own motion, 8570. Payment of damages, 8584. Pºy for failure to comply with, 69. Permission for destruction of records, etc., of common carriers, 8592. IProceedings in commerce court for en- forcement of orders other than for payment of money, 8584. Publication, use as evidence, 8582. Regulation of proceedings, 8586. Rehearing, 8585. Decisions by division, 8586. Restraining or suspending pending suit, 997. Reversal or modification of, 8585. Service of, 8584. Suspension or modification of, 8584. Time of taking effect, 8583. Panama Canal transportation, 8569. Parcels post, consent to readjustment of classification, zones, rates, etc., 7323. Parties to proceedings, 8598. May appear in person or by attorney, 8586 Persons damaged may complain to, 8573. Physical valuation of property of carriers engaged in, 8591. Access of agents to property, 8591. Amount or value of grants, etc., from |United States, value of concessions, etc., made by carrier to United States, etc., 8591. Appointment of examiners, 8591. Carriers to furnish documents, etc., to aid in investigation, 8591. Cost and value of property held for other than common carriers pur- poses, 8591. Cost and value of real property, 8591. Cost of property used for common car- riers purposes, value of other prop- erty, 8591. Employment of experts, etc., 8591. Inventory of property, 8591. Investigation and report of, 8591. Mººd of procedure of investigation, 8591. Notice of completion of tentative val- uation protests, finality of valuation, 8591. - Protests, hearings, changes in valua- tion and classification, 8591. Publication of final valuations and classification, prima facie evidence of value, 8591. Records and data to be opened to pub- lic inspection, 8591. Regulations, effect, 8591. Statements showing employments un- der appropriations, 8591b. Transportation of engineers and oth- ers engaged in making Surveys, etc., 8591a. Transportation of supplies, govern- ment crews, etc., compensation for service, 8591a. " Valuations to be prima facie evidence of value, procedure in case conflict- ing evidence is offered, 8591. Postmaster general to be furnished infor- mation regarding express revenues to railroads, 7482a (20). Powers conferred by certain act applica- ble to pending cases, etc., 8601. Previous proceedings and acts of Com- mission not impaired by certain act, 8601. Procedure, 8586. Quorum, 8586. Railroad mail service, information re- garding railroad revenues from ex- press companies given postmaster general, 7482a (20). Rates, determination of, fourth class matter and periodicals, 7482a (20). INTERSTATE COMMERCE COMMIS- SION (Cont'd) Railroad revenues from express compa- nies, information to be given postmaster general, 7482a,(20). Railrº, Safety appliances, designation, Enforcement of acts, 8610, 8614-8616, 8620, 8622, 8623, 8626, 8627. Extension of period for compliance with the law, 8619, 8620. Extension of time for compliance with jºy Appliance Act by carrier, Information of violation of acts, 8626. Investigation and report on the use of block signal systems, 8640. Penalty for neglect, 8610. Rates and charges, apportionment of joint rates, etc., may be made in case of disagreement, 8583. Commodities necessary to national de- fense, 8563(10). Determination of maximum rates, etc., in case of unreasonableness or dis- Crimination, etc., 8583. Determination of reasonableness of al- lowances for services rendered or in- strumentality furnished by owner of property transported, 8583. Joint interchangeable mileage tickets, filing of rates, etc., with 8595. Joint tariffs, carriers parties to file evidence of concurrence, 8569. Maximum proportional rates over rail § water lines to be determined by, Preference to be given hearings upon propriety of new rates, etc., 8583. Propriety of new rates, etc., may be determined on complaint or own in- itiative, 8583. Rates, etc., of federal controlled transportation systems filed with, 3-J - Rates filed with, conclusive in crinº inal prosecutions, 8597. • . Reduced because of water competition may be increased by railroad after hearing by, 8566. Routes and rates, etc., not to be estab- lished for all water routes, 8583. Schedules of increased rates, approval before filing, 8583. Through routes, to embrace entire length of railroad, exceptions, 8583. Regulations for permitting shippers to choose between, 8583. Through routes and joint rates, etc., may be established in case of carrier’s refusal or neglect, 8583. Not to be established between Street railways and other rail- roads, 8583. - Over rail and water lines to be established by, 8569. Repºy. annual report to Congress, Block signal system, 8640. Pººled Statement of expenditures, Employments under physical valuation appropriations, 8591b. Investigations, record of, copies, 8582. Number of copies, distribution, 7069. Physical valuation of property of com- mon carriers, 8591. Printing and distribution, 8582. Reports to, accidents on railroads, 8637, 8642-8646. Chief inspector of locomotive boilers, 8636, 8637(2). Common carriers, annual, 8592. Aºrs to questions submitted, Monthly, of earnings and expenses may be required, 8592. Periodical or special, 8592. Pºsal Valuation. Of property, oğl. Time of filing, 8592. Transactions with other corpora- tions having a common director, officer, etc., 8835i. Publication, use as evidence, 8582. Telegraph companies, 10085. Sale or lease of goods on condition that competitor’s goods shall not be used, en- forcement of Act, 8835i. Schedules, contracts, reports, etc., filed §: as evidence, certified copies, 8584. Preserved as public records, 8584. GENERAL INDEx tº [Page 21671 [References are to sections, except where otherwise indicated.] INTERSTATE COMMERCE COMMIS- SHON (Cont'd) Schedules of rates, etc., changes in may be permitted by commission upon less than required notice, etc., 8569. Changes upon notice to, 8569. Filed with, 8569. - Forms to be prescribed by, 8569. Not giving notice of effective date may be rejected, 8569. Seal, judicial notice of, 8586. Secretary, appointment, 8587. Books from library of congress, 141. Salary, 8586, 8587b. Service on of petition in Commerce cases, 996. Sessions, 8590. g Special agents or examiners to inspect accounts, etc., of carriers, 8592. & Stenographic and clerical help for boiler inspectors, 8632, Appendix p. 1794. sº to enforce, etc., orders of, Venue, 994 Suits to enjoin, etc., orders of, 997. Supreme Court reports for, 1203. Switching connections, etc., enforcement of requirements, 8563. sº Taking of testimony by depositions, 8576. Telegraph companies, contracts, filing, 0085. Powers over, 10082. e Traffic contracts, copies to be filed with, 8569. -- Transportation of mail by urban, and in- terurban electric railways, 7431aa, Ap- pendix p. 1787. Typewriters, exchange of old for new, 8587a. º Uniform systems of accounts by carriers may be required, 8592. United States Shipping Board Act not to effect, 8146pp. * Witnesses, etc., attendance and testimony may be reguired, 8576. tº Criminating testimony, limitations up- on use of evidence in criminal pros- ecutions, 8577. Fees and mileage, 8587. Immunity to extend only to natural persons, etc., 8580. * Not subject to penalty or forfeiture on account of testimony, etc., 8578 Refusal to attend and testify, produce books, etc., punishment, 8577. Zones for standard time, 8907r. INTERURBAN RAILWAYS Carrying mails pay, 7431aa, Appendix p. 1787. Federal control, exception from, 31.15%a. Hours of service of employés, wages to be computed on eight hour day, exception, 8680a. Requisition by government, 3115*/16d, 31.151/16dd. INTERVIENTION See Pa'rties. United States in Cuba, 7679. INTIMIDATION Conspiracy to intimidate party, witness, or juror, 10306. Employés, injunction to prevent not to is- Sue unless irreparable injury threatens, 1243d. Interference with election officers by Army or Navy officers, 10189. Obstruction of settlement, etc., on public lands, 4998. Preventing bids at land sales, 10226. Voters, 10187. Witnesses, jurors, or officers, 10305. INTOXICATED PERSONS Alaska, 3643i. Compensation to injured employé not to be paid if intoxicated, 8932a. Enlistment, in army, 1886. In navy, forbidden, 2581. - Procuring, as seamen, 10250. Punishment, 2979. Locomotive engineers, conductorS Or brakemen in District of Columbia, 342.1%. n. INTOXICATING LIQUORS See Alaska, Customs Dwties ; Distil- led Spirits' and Wines ; District of Columbia ; Fermented Liquors ; I??- terºval Revenſw.e. Alaska, manufacture, sale, etc., 3643b- 3643r. Regulation and restriction by Con- gress, 3536. Army posts, sale at prohibited, 1990. Capitol, sale in prohibited, 3391. INToxic ATING LIQUORS (Cont'd) Carrier collecting purchase price of in- terstate or foreign shipment, 10409. Customs duties on, 5291 (237–247). District of Columbia, sale, etc., 3421%a- 342134s. t Excessive use of, bar to appointment to civil service, 3280. Hawaii, regulations, 3697. Home for Aged and Infirm, sale near, for- bidden, 9333. Immigrant stations, 4289%pp. Importation of distilled spirits, 8739b. Hawaii, 3746a, 3746b. Indians, introducing into Indian country, defenses, permit from War Depart- ment, 4136a, 4137. Introducing into Indian country, Osage County, Okl., 4137a. Possession, 4137 a.a. Manufacture, sale, etc., 4136b. Sale to Indians, 4140. Searches and seizures, libel, etc., 4141, 4144a. Wine for sacramental purposes not unlawful, 4139. Refusal of payment of annuities on account of, 4056. Sales to, by army officers, etc., 4138. Proceedings and punishment, 4136a–4143. Insane hospital, sale near forbidden, 9333. Interstate, etc., shipment delivered to oth- er, than bona fide consignee, 10408. Mailing prohibited, 10387. Original packages, 8738. Platt National Park, sale, etc., prohibit- ed., 5243. Porto Rico, prohibited, 3803a.a. Regulations of manufacture, 31.15%l, 31.15%ll. Sale, etc., in or near military or naval camps, or to officers or enlisted men, 2019a, 2813e. Sale of to natives of certain islands in Pacific Ocean prohibited, 10481. Exception of liquors for medical pur- poses, 10481. Jurisdiction of offense, 10482. Shipment into prohibition states, import- ed distilled spirits, 8739b. - Punishment, 8739a. Shipment into State, etc., subject to po- lice powers, 8738. In violation of laws, 8739. Soldiers’ home, sale near prohibited, 9233. Use of mails for advertisements, etc.,. In- tended for prohibition states, etc., 10387a-19387e. Designation of states having prohibi- tion, 10387c. Exceptions, 10387e. Prohibition, 10387a. Punishment, 10387 b. Time of taking effect of act relating to, 10387d. INVALHD PENSION ACTS See Per SiO70s. Text of act, 8937, 8938, 8982, 8992. INVASION Habeas corpus, suspension of writ (Const. art. 1, § 9, cl. 2). Militia, game. in case of (Const. art. 1, § 8, cl. 15). Naval militia to be called in case of, 3078a (32), (33). States may engage in War (Const. art. 1, § 10, cl. 3). States, pºſion by United States (Const. art. 4, © Vessels in ports of United States in time of, regulation, 9959%a-9959%d, 10514a– 105.14d. S. INVENTIONS See PClte??ts. Army officers, expenditures forbidden, 3089. cºngrººver to protect (Const. art. 1, , cl. 8). Government officers, for public use, 9441. Ordnance department employees, reward for, 3090. Patent; description of, 9428. Iºtions previously patented abroad, 1. - Patentable, 9430. Postal service, rewards for, 7253. INVENTORIES Manufacturers, adulterated butter, 6234. Cigars, 6200. Filled cheese, 6244. Oleomargarine, 6217. sale at forbidden, Sale, etc., INVENTORIES (Cont'd) Manufacturers (Cont'd) Smoking opium, 6287b. Tobacco, 6166. Physical valuation of property of common carriers, 8591. Prize cases, 8395, 8397, 8401, 8403. Property taken under search warrant, 10496%m, 10496%m, 10496%q. Public property, executive departments, by whom kept, 280. In executive mansion, 231. Pººnaster-General to make and keep, Wines Subject to internal revenue tax, 6110bſb]. INVESTIGATION Applicant for leases, etc., on Hot Springs Reservation, 5254. Congress, 155–160. Testimony taken in, when not to be used in criminal prosecutions, 1467. Contribution toward co-operative work in forest investigations, 5145. Department of agriculture, Congress, 838b. Explosions and fires in mines, factories, etc., 31.15%jj. Federal Board for Vocational Education, 9390%.cc, 939014d. Federal trade commission, 883614e. Frauds, etc., against U. S., oaths, 265. Labor Conditions by Commission on In- dustrial Relations, 8916. Scientific, Bureau of Mines, 784–787. Secretary of Agriculture, under conserva- tion act, 31.15%aa. Shipwrecks, by life-saving service, 8464. INVESTIGATORS Under trading with Enemy Act, 31.15% co. HNWOHCIES See Entry of Merchandise. -- Imported merchandise, appraisal, not con- clusive on, 5591. Articles not intended for sale, 5708. Authºgation, in absence of consul, reports to By Collector in Philippines, 5537. By personal representatives, 5538. Bond for production of, 5536. Change of destination, 5543. Collectors’ certificate, 5540. Compulsory production in customs cases, 5709. Concealing or destroying, 10232. Consular officers, duties, 3172. Fees for certification, 3187. Excessive fees, 3.172. Ingºement, delivery and filing, Proof of correctness, 5546. Refuse certificate uniess, etc., 3171. Dºlºration Of OWner, consignee, etc., Deficiency in package certified to col- lector's, 56.19. Deposit and inspection for drawback, 5730–5736. Deposit in warehouse for want of in- voice, 5647. Destruction, 3173. From different consular districts, 5529. Of different values, appraisal, 5606. Drugs and medicine, return of exam- iner, 5624. Fºed Without, taken into custody, Expense of weighing, gauging, 5618. False, forged or fraudulent, 5548. Fraud reported by consuls, 5547. Immediate transportation, quadruple invoice, 5542. Ingeet invoices, duties of collector, In easuring Or Indorsed by consular officer before Shipment, 5521. Omitted articles added to, 5590. Original to be produced to collectors of Customs, 5481. Pººses to be opened designated on, Penalty for false, 5524, 5526. Production not required when, 5544. Required for entry, exceptions, 5522. |Requisites, 5520. Secretary of Treasury to make rules concerning authentication of, etc. 815 Statement of transmitted by collector to secretary of treasury, 7803. ' Tare, estimated or ascertained, 5588. GENERAL INDEX [Page 21681 [References are to sections, except where otherwise INVOICES (Cont'd) Imported merchandise (Cont'd) Transportation between drawback, 5737. - Transportation in bond of imports not consigned to inland port, 5703. Value given by, changed when, 5527. Verification by manufacturer residing abroad, 5539. Weights and measures, used, 5518. , Wool of different qualities, appraisal, 5608. INVOLUNTARY BANKRUPTCY See Boiºkºrºuptcy. INVOLUNTARY SERVITUDE Prohibition (Const. am. 13, § 1). Philippines, 3884. * Porto Rico, 3803a.a. Slave trade and peomage, 10419–10444. . . . Suffrage, abridgment because of prohibit: ed (Const. am. 15, § 1). - IOWA. Clerk of district court, 1066, 1352. Deputy clerks, 1066. District attorney, 1351. District court, terms, 1066. Field notes, maps, etc., of Surveyors de- livered to, 4455. - Judicial districts, 1066. Marshall, 1351, 1352. Permanent appropriation for payment of percentage of proceeds of public lands in, 6799 (42). Surveyor-general, office abolished, 4455. Transcript into new books of records of district court in, 1510. - HOWA RIVER, Navigable only to Wapello, 9840. districts, Non-navigable between Toolsboro and Wapello, 9841. HRH Dºll (JM Subject to act regulating sale, etc., of explosives, 31.15%aaa, Appendix p. 1772. HRON Customs duties on, 52910103–118). Standard gauge for sheet iron, 8903–8905. Tests, 3109, 31.10. Number of copies, distribution, 7083. IRON LANDS Alabama, sale, 4655. Missouri and Kansas, disposed of as agri- Cultural lands, 4654. IRONS Punishment in Navy, use restricted, 2998, 3017. H.R.R.EPARABLE INJURY - Injunction, against enforcement of Stat law, 1243. Temporary restraining order, 1243a. IRRIGATION See Desert Laºds. Collection of statistics as to, 4387. Desert lands, 4674–4750. Grants to States 4685–4695. Reclamation by United States, 4750. State - public lands, 4695a-4695h. Districts, bonds, powers of federal reserve banks, 9797 (2b). Enlarged homestead entries of nonminer- ał, nonirrigable lands, 4563-4574. Indian inspectors to be qualified as en- gineers in Indian work, 3986. Indian service, purchase of Supplies, ad- vertisement, open market, 4040. - Lands allotted to Indians, 4204, 4205, 4205a-4205e. Rights of way, 4946. Canal and ditch companies, 4934. Transfers for, by homestead settlers, 535. Surveys in arid regions, 776. Use of waters on national forests, 5132. Water supply and irrigation papers of Geological Survey, size, editions, addi- tional copies, free distribution, 7104. Waterways Commission, 10003%a. Withdrawal of public lands from settle- ment, etc., and reservation for ir- rigation, 4523. Indian reservations, 4526. HRRIGATION ACTS See Irrigation. - Text of act, 4530, 4531, 4535, 4559, 4589, 4677–4680, 4698, 4700-4708, 4753, 4799, 4934– 4937, 4992, 5018, 5079-5082, 50.96a, 5113, 5114, 5116, 5121. - for reclamation, 4696– irrigation districts including IRRIGATION INVESTIGATION ACT |See Irrigatio?. - Text of act, 4696. IRRIGATION COMPANIES Income tax, exemptions, mutual compa- nies, 6336k[a]. . ISLANDS - See Afognak Island; Cuba : Gwam : Gºtano Islands ; Hawaii; Insular Alf- fairs ; Isle of Pines ; Philippines ; Porto Rico . Pribilof Island ; Prince Edward’s Island; Virgin Islands. Philippine Islands, see Philippines. Alasiºcepted from homestead entry, Lands reserved from right to purchase for trade or manufacture, 5082–5091. Sale of lands prohibited, 5082. Sale of opium, etc., to natives in certain Pacific islands, prohibited, 10481-10482. ISH, E OF PHINES Title to, 7679. ISSUE Division of, establishment, etc., 477. HSTHMIAN CANAI, See Canal Zone ; Panama Canal. ISTHMIMAN CANAM, ACT See Paºva'ma Canal. Text of act, 6826, 10031. HSTHMIAN CANAL COMMISSION (See Panama Canal. - Alaska, government railroad, delivery of Imaterial for, 3593a.(1). Army and navy officers, advancement up- On retirement, 2068e. Chairman, duties, 10051. Destruction of useless paper, 10051. Discontinuance of, 10040. Division of records, 10051. Preservation of useful or historical pa- pers, 10051. - gº President, powers through, 10036. - Promotions, public health service officers Serving with, 1899e. - Retirement of army and navy officers, ad- Vancement upon, 2068e. IITALY Agºssador and secretary to, salaries, may be exercised JAIHL LIMITS Privilege of, 1638. JAMLS - - See Disciplinary Barracks ; Prisoners ; Priso??.S. Confinement of enemy aliens, 7615. District of Columbia, cost of subsistence of prisoners, 10546. Transportation of prisoners, 10547. Foreign countries, 7666–7668. Yellowstone Park, 5199. JANITORS - - Committees of House of Representatives, appointment, etc., 73 73, Appendix p. 1737. . Government buildings, disqualification as United States commissioners or re- ceivers, 1334. Pay, 6792. Post-offices, JAPAN See Coºsauldr Coſwºrts. Ambassador and secretary to, 31.17 salaries, 7231. salaries, Interpreter of legation to, 3127. Interpreters at consulates in, 3145. Judicial authority of ministers and con- suls of United States in, 7633-7665. Postal agencies in, 75.46. . . . . Postal agents on mail steamers to, 7545. Prisons for American convicts in, 7666. Protection of fur seal and sea. Otter, 8838– Subjects of, transportation, etc., for pur- pose of . holding to service, 4342–4350. Voluntary emigration of, not impeded, 4346. Inquiry and certificate by consular officers, 4348. . . JEWELERS’ [,]{ABILITY ACT Gold and Silver Articles, 8805-88.11. JEWELRY Customs duties on, 52910356, 357). False stamping, 8802-88.11. - Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain cases, 6348b. - indicated.] - JEWELRY (Cont'd) Internal revenue tax on (Cont'd) When held and intended for sale, 6309%.c. - - Shipper of, to notify carrier, etc., 8019. JTGS Procurement for manufacture of arms, 31.10a. JOINDER. - Costs in several actions, etc., against per- #. Who might have been joined, Of district attorney, in two or more indictments or suits which should have been joined, 1621. On Several libels against vessel and #9 Which might have been joined, Defendants in criminal prosecution, ver– dict against part, 1702. Lien claimants in foreclosure of miners’ liens in Alaska, 5066. Offenses in indictments, 1690. Parties, to suits for damages awarded by Interstate Commerce Commission, 8584(3). Proceedings for different remedies for in- fringement of copyright, 9548. JOHNT COMMITTEE ON LIBRARY See Library of Congress. Agents for exchange, etc., of documents, appointment, 127. Botanical garden, direction over, 34.17. Duplicate, injured or wasted books, dis- Thosition of, 126. - Enlargement of number of copies of docu- ments to be furnished library, 7028. Expenditures of appropriations, 120. Members, number, 120, 122. Privilege of using , and drawing books from library, grant of, 139-142. Recess of congress, 121. Rigations for library, establishment, 125. JOINT COMMITTEE ON PRINTING Advertisements, for bids for paper con- tract to specific quantity required as determined by, 6958. Manner of, to be directed by, 6970. Appointment of person to edit and index reports and documents, 7089. Approvals by, abolishment of certain printing offices, 6987. Comprehensive index of public docu- ments, 7041. Contract to furnish paper, 6960. Orders for printing after lapse of au- thority to print, 7036. Bids for paper contract to be opened in presence of, 6959. Charging of cost of printing to appropria- tions for printing and binding for Con- gress, 7164. - Congressional, Directory to be prepared under direction of, 7088. Documents and reports be arranged in yºmes and bound as directed by, Record, to be controlled by, 6967. Index, designation of person to pre- pare, compensation to be fixed, by, 6968. Contracts for lithographing and engraving made under direction of, 6969. Correspondence concerning Congressional Directory, in penalty envelopes under direction of, 7088. Designation of members of examining board, 6975. *, Determination of quality of paper furnish- ed by contractor, 6962. Establishment of, 6953. Estimates of paper required for public ºtine and binding to be submitted to, Indexes of documents to be prepared by superintendent of documents as directed by, 7041. Lithographing, etc., for Patent Office, lim- itations, etc., upon, 7094 May be Ordered done at Government Printing Office, 7094. Members of, 6953. - Re-elected Congressmen to continue as, until successors chosen, 6953a. Neglect or delay in public printing to be remedied, 6955. - Ordering of additional copies of docu- ments, etc., 7033. . Patent Office printing, limitations, etc., upon, 7094. GENERAL INDEX [Page 2169] [References are to sections, except where otherwise indicated.] JOINT COMMITTEE ON PRINTING (Cont'd) - - Powers and duties, 6953-7174. To be exercised by committee of either house in absence of, 6954. Purchases by, material other than paper without advertising, 6966. - Paper for immediate requirements by authority of, 6965. In Open market, on default of con- tractor under direction of, 6963. - Small quantities, 6965. Without, advertising, 6965. Regulations for, printing documents for Congress in editions, 7169. Sale of duplicate plates, 7020. Reports, probable cost of printing addi- tional copies of documents, etc., 7033. Secretary of Agriculture, illustrations to be executed in accordance with di- rections of, 7054. Supervision of report of United States commissioner on industrial relations, 7107a. Report to of defaulting contractors, 6963. Sale of congressional record and directory under direction of, 7002. Standards of paper fixed by, 6957. - Style of binding to be directed by, 7053. JOINT RESOLUTIONS See ReSolutions. . . JOINT-STOCK COMPANIES See Income T'aac. Dividends, income tax payable to individ- uals subject to income tax, 6336aſb]. Income tax, 6336j-6336m. On individuals withholding source, indemnity, 6336iſb]. Returns, 6336xx. Shareholders, names and addresses to be given on request for purpose of income tax, 6336c. & Special excise tax, amount, computation, 5980a. Credit to company paying other form of tax, 5980a. Exemption, 5980a. Nonpayment a misdemeanor, fine, 5980j. tax at Records, statements and returns, 5980ix. - JOINT-STOCK LAND BANKS Income tax, exemptions, 6336k[a]. JOINT TENANCY Partition, jurisdiction where United States is joint tenant, 991 (25). J{}{J}{NALS Clºt courts, transfer to district courts, 66 Congress (Const. art. 1, $ 5, cl. 3). Senate and House of Representatives, cop- | ies for Library of Congress, 146, 147. Entries in (Const. art. 1, § 7, cl. 2). Extracts from, When evidence, 1508. Fees for transcripts, 97. Porto Rico, 3803m. - Printing and distribution of copies, 7026, 7027, 7030. JUDGE ADVOCATE GENERAL Army, department officer, 1775, 1775a. Duties, 1777. - Preservation of proceedings of courts- martial, 2308a, art. 35. Rank of brigadier-general, 1775, 1775a. Revision and record of proceedings of Courts-martial, courts of inquiry, etc., 1777. Soldiers’ Home, member of Board of Compnissioners, 92.16. - Supreme Court reports, copies, 1203. Assistant Judge, officer of marine corps Or navy, detail, 613. Navy, appointment, 612. Detail of officers as assistants, 613. Duties, 612. Office in Navy Department, 612. 2843aa, Appendix p. 1765. Rank, pay, and allowances, 612. Rºw Of proceedings of deck courts, Revision, record, etc., of proceedings of courts-martial, courts of inquiry, boards, etc., 612 Supervision by Secretary of Navy, 612. Supreme Court reports, copies, 1203. JUDGE-AHDWOCATE-GENERAL’S D]E- PARTMENT : Army, composition, 1775, 1775a, 1776. Composition, captains and first lieu- tenants, appointment from civil life, 1775aa, Appendix p. 1746. JUDGE-ADVOCATE-GENERAL'S DE- PARTMENT (Cont'd) - Army (Cont'd) - Details of officers, 1999–1999b. Duties, 1777. Part of army, 1717, 1717a. Supervision by Chief of Staff, 1763. Board of review, 1775b. Detachments or details to, 1999a. Discharge of officers upon failure to pass physical examinations, 1775b. Examinations for promotion, 1775b. Officers, retirement on failure to pass physical examination, 1775b. Promotion, 1775b. Re-examination, 1775b. Retirement of officers upon failure to pass physical examination, 1775b. JUDGE ADVOCATES Army, acting judge advocates, from line of army, 1775, 1775a. Assistant judge advocates, courts-mar- tial, powers, 2308a, art. 116. oº: at courts-martial, 2308a, art. detail Withdrawal from closed sessions of court, 2308a, art. 30. Courts-martial, appointment, 2308a, art. 11. Assistant judge advocates, ap- pointment, 2308a, art. 11. Authorized to administer oaths, 2308a, art. 19. Official oath, 2308a, art. 19. Power to compel witnesses to at- tend and testify, 2308a, art. 22. Proceedings of court to be for- Warded to Judge-Advocate-Gen- eral, 2308a, art. 35. Prosecutor and advisor of prisoner, 2308a, art. 17. - Fºrd of proceedings, 2308a, art. Withdrawal from closed sessions of Court, 2308a, art. 30. Details, 1999a. Officers of Judge-Advocate-General’s Department, 1775, 1775a. - Captains and first lieutenants, ap- pointment from civil life, 1775aa, Appendix p. 1746. Supervision by Judge-Advocate-Gener- al, 1778. Navy, mºthorized to administer oaths, Courts-martial, official oath, 3008. Courts of inquiry, appointment, 3027. Official oath, 3029. - JUDGES See Alaska, 7tal Zone ; Judges ; Ca- Circuit CO%.S^llar Associate Justices; Chief Justice ; Commerce Court ; Courts; Court of Appeals for District || of Columbia ; Court of Claims : Court of Customs Appeals ; Courts of Unit- ed States ; District Judges ; Hawaii : Justices of the Peace ; Supreme Coºrt of United States. Aºunts, examination by Auditor, 4:19, Affidavits, etc., under public land laws, authority to take, 4546. . Arrest and imprisonment or bail of of. fenders against United States, 1674. Attorney or counsel, judge not to act as, Bail in capital cases, who may take, 1680. Bankruptcy proceedings, judge to preside at , first creditors’ meeting, 9639. Punishment of contempt before ref- eree, 9625. - Warrant for possession of bankrupt's property, 9653. Bills of exceptions, authentication, 1590. Blanks and letter heads to be furnished by Government Printing Office, 7178. Bonds, for possession of property in bank- ruptcy proceedings, approval, 9653. Of bidders on paper for public print- ing, approval, 6959. o, officers at assay offices, approval, Bribery, 10301, 10302. Certificates of electoral votes to be trans- mitted to, 209. Clerks and employés, disqualified as United States commissioners and receiv- ers, 1334. Commissions, how made out and recorded, tº a - 3252. cºtion. duty to obey (Const. art. 6, cl. 2). - . JUDGES (Cont'd) Contracts with Indian tribes execution before, 4087. “ } Depoºns de bene esse taken before, 2. - In proceedings before registers and receivers, 4502. Division of business in districts having more than one judge, 990. - Extradition, arrest of persons charged as fugitives from foreign countries, 101.10 Discharge of foreign fugitives for de- lay in removal, 101.19. Forgery of signature, 10300. Income tax exemption, 6336d. Informers in customs cases, for compensation, 5800. Injunctions against enforcement, etc., of state laws, number of judges concurring, 1243. - Jurisdiction, civil cases pending in South Carolina, 968f. Law books, to be transmitted to succes- SOrs, 1340a. - Oath, 1234; (Const. art. 6, cl. 3). Oaths of mint officers taken before, 6437 Porto Rico, appointment, 3803uu. Purchase of fees at less than face value, certificate Records in which United States are in- terested which have been lost or de- stroyed, restoration, 1518. Repeals not to affect tenure of office, salaries, etc., 1275. Residence, 968, 968a, 968c, 968g, 1236. : Retirement, salaries not to be paid by marshal, 1312a. - Salaries (Const. art. 3, § 1). Exempt from income tax, 6336d. Marshal to pay, exceptions, 1312a. After resignation, 1237. Time of payment, 547. Search warrants, 10496%a. Counterfeit coin, etc., 10343. TJnder migratory bird treaty act, 8837e, Appendix p. 1795. Security for peace and good behavior, power to hold to, 1247. Statutes at Large, copies, 7072. Subpoenas to witnesses, in claim proceed- ings before Executive Departments or Bureaus, 266, 268. - In contested elections of members of House of Representatives, 167. In proceedings to determine pension frauds, 9075. sºme Court reports and digests, copies, 1203. - - Terms of office (Const. art. 3, § 1). Town-site entries, 4791–4793. Traveling expenses, 1236. Witnesses, requiring recognizances 1492. JUDGMENTS AND DIECREES See Arrest of Judgment. Accounts, of disbursing officers, credit in settlement, 1138. sº Rºins to, Auditor's examination, of, Acknowledging in name of another not privy or consenting, 10297. Adverse claim to mineral lands, with register, 4623. - Anti-trust Act, Federal Trade Commis- Sion, investigation regarding enforce- ment of, 8836f(3c). Prima facie evidence in other proceed- ings, 8835e. At return term, suits on bonds for recov- ery of customs duties, 1598. Suits on debentures, 1597. Suits under postal laws, 1596. Suits by United States against officers accountable for public money, 1595. Award in arbitration between carriers and employees, 8673(1-4). Circuit court of appeals, Federal Trade Commission cases, finality of, 8836e. When final, 1120, 1125. - Claims under War : Risk Insurance Act, 514kk. - Congress, against officers of, payment, 117. Consent judgments and decrees, judgment in action for violation of Anti-Trust laws not to be prima, facie evidence in other proceedings, 8835e. Contempt by disobedience of, 1245a. Court of Claims, certified to Congress, filing Cases transmitted by departments, bow paid, 1141. - Effect of payment, 1169. GENERAL INDEX [Page 2170] [References are to sections, except where otherwise indicated.] JUDGMENTS AND DECREES (Cont'd) Court of Claims (Cont'd) - Final judgment a bar, 1170. For set-off or counterclaim, 1137. Filing transcript and enforcement, 1137. Payment, 6405-6408. Set-off against, 6407. Court of Customs Appeals, when final, 1186. - Courts-martial, authentication, 3021. Courts of foreign governments, relating to title to lands, how authenticated and admitted in evidence, 1521. Jebts due Post-Office Department, Com- promise of, 464. - Execution On, 1301. Default, 1544. Against persons in military Service, 30.78%bb. Default or demurrer in Suit for forfeiture annexed to bond, etc., 1599. Demurrer to indictment, 1692. Disobedience to decree, contempt, 1245. Duties or penalties, suits for nonpayment, 1600, 57.19. Effect of final judgment after release of attachment of property in which United States claimed interest, 6951. Enforcement in common-law causes in district courts, as provided by state laws, 1540. - Failure of executor or administrator of sºased party to become party to suit, 1592. Failure to produce books or writings, 1469. Federal controlled transportation systems, against, 31.15%j. - Form, defects and amendments, 1591. Regulation by Supreme Court, 1543. Full faith and credit in other states (Const. art. 4, § 1). Impeachments, extent and effect (Const. art. 1, § 3, cl. 7). Including fees of officers, etc., where costs recoverable, 1624. - Indian allotments of lands in severalty. effect of determination in favor Ol claimant, 4214. Indian homestead not subject, 4611. Indices kept by clerks, 1607. Infringement of patent, damages, 9464. Of trade-mark, damages, 95.01. When and at what rate allowed, 1605. Infringement suits by enemy or ally of enemy, 31.15% ee(g). Interfering patents, relief, 9463. Trade-marks, cancellation of certifi- cate, 9507. Internal-revenue taxes, suits for, 5940. Lien, 1606, 1608. - Against bankrupt estate, 9651. Effect of creation of new district, 1042. Suits to enforce, appearance after judg- ment, 1039. Part of defendants not served, 1032. Payment to Indians from moneys appro- priated in satisfaction, 4055. Persons in military service, default judg- ments, 30.78%bb. Opening, 3078%bb. Vacation, rights of bona fide purchas- ers, 30.78%bb: . Poor persons, suits by, costs, 1630. Postal savings deposits, adjudication of right or interest in, 7596. Prize cases, decree of distribution, 84.12. Record, lost or destroyed, supplying de- fect, 1513–1515. Report by district court clerks to Solicitor of Treasury, 1325. Res judicata, action for, violation of Anti- Trust laws not to be prima, facie evidence in other proceedings, 8835e. By conviction for violation of equal rights in inns, etc., to action for pen- alty, and vice versa, 3927. ' Recovery of penalty against district || attorney for failure to prosecute vio- lation of civil rights act, to convic- tion on indictment, and vice versa, 3928. Revenue officers, payment, 1635. Sale of personal property, under decree, Of real estate, under decree, 1640. Of real property under judgment or decree, notice, 1642. Stay of execution, 1633, 1634. Stealing, altering, etc.,. record, writ, etc., whereby judgments reversed or made void, etc., 10297. Supreme Court, 1669. JUDGMENTS AND DECREES (Cont'd) United States, estimates for payment, 6688. Suits against, 1577, 1578. f - United States Shipping Board order, entry. in action to enforce, 81460. Unlawful inclosure on public lands, re- moval or destruction, 4998. - Warrant of attorney to confess, protec- tion of persons in military service, 3078%ff. - JUDICIAL CIRCUITS Establishment, and districts included, 1107. Judges, 1109, 1110. - Justices of Supreme Court allotted to, 1111–1113. JUOICIAL CODE See, also, the specific titles. General provisions, 1266-1273. Circuit courts, abolished, 1266. Powers and duties imposed on district courts, 1268. Records transferred to district courts, 66 Suits pending to be disposed of in dis- trict courts, 1267. - Circuit courts of appeals, 1107–1126. Construction of provisions, 1270. Court of Claims, 1127–1178. Court of . Customs Appeals, 1179–1190. Designation of Code, 1273. District courts, districts, 1051–1106. Jurisdiction, 991–1009. - Miscellaneous provisions, 1022–1050. Organization, 968–990. Provisions applicable states, 1051–1106. Removal of causes, 1010-1021. Effect on offenses previously committed, penalties, etc., 1277. Inference of legislative construction not to be drawn from arrangement, etc., of sections, 1272. Juries, 1252–1265. . Laws repealed, 1274. - Revised in, to be construed as contin- uations of existing laws, 1271. Provisions common to more than one court, 1233–1251. References to laws revised in, to be deem- ed to refer to sections of Code, 1269. Repealing provisions, 1274-1278. Repeals not to affect accrued rights, etc., to particular Tenure of office, salary, etc., 1275. Supreme Court, 1191-1232. Time of taking effect, 1278. JUDICIAL DISTRICTS Included in judicial circuits, see Jºldº- Cial CircºlitS. Crater Lake National Park, part of dis- triºt for Oregon, 5230b. - Division of United States into, 1051–1106. Establishment of, and provisions applica- ble to particular districts and divi- sicns thereof, Alabama, 1052. Arizona, 1053-1055. Arkansas, 1056, 1056a-1056c., 5262. California, 1057. Colorado, 1058. Connecticut, 1059. Delaware, 1060. . Florida, 1061. Georgia, 1062. 1062a-c. Idaho, 1063. Illinois, 1064. Indiana, 1065. Iowa, 1066. Ransas, 1067. Kentucky, 1068. Louisiana, 1069. Maine, 1070, 1070a–1070h. Maryland, 1071. Massachusetts, 1072. Michigan, 1073, 1074. Minnesota, 1075. Mississippi, 1076. Missouri, 1077. Montana, 1078, 1406a. Nebraska, 1079. Nevada, 1080. New Hampshire, 1081. New Jersey, 1082. - New Mexico, 1083. • I New York, 1084. - North Carolina, 1085, 1085a. North Dakota, 1086. Ohio, 1087. Oklahoma, 1088. Oregon, 1089, 1406a. Pennsylvania, 1090. Porto Rico, 380344. Rhode Island, 1091. JUDICLAL DISTRICTS (Cont'd) Establishment of (Cont'd) South Carolina, 1092, 1092a. South Dakota, 1093. Tennessee, 1094, 1094a. Texas, 1095-1099. Utah, 1100. - Vermont, 1101. Virginia, 1102. Washington, 1103, 1406a, West Virginia, 1104. Wisconsin, 1105. Wyoming, 1106. Estaºment of, in Territories, 3455, In Territory of Porto Rico, 3785. Execution when more than one district in Same State, 1631. - Glacier National Park, part of district of Montana, 5248b. Lien of judgment, etc., not divested by Fººtion of new district or division, Mount Rainer National Park, part of western district of Washington, 52.27b. onºs for of particular districts, 1341- Prosecutions, suits, etc., creation of new district or division, 1041. - Pºets to be brought, etc., 1023- States containing more than district, 1034–1040. JUDICIAL NOTICE See Evidence. JUDICIAL OFFICERS See Judges. See, also, the titles of the CO’u’rts. - Accounts, examination by auditor, 419, 420, 430, 432, 433. - Blanks and letter heads to be furnished by Government Printing Office, 7178. Commissions, how made out and record- ed, 3252. Exemptions from selective draft, 2044d. Expenses, allowance and payment of ex- traordinary expense, 1416. Government publications to be delivered to successors in office, 7144. LaW books, to be transmitted to succes- SOrs, 1340a. Militia duty, exemption, 3043. Supplies, expenditure of appropriations fer, and distribution of, 6775. JUDICIAL POWER. Scope (Const. am. 11); (Const. art. 3, § 2, cl. 1). - Suits against state, (Const. am. 11). Vested in supreme and inferior (Const. art. 3, § 1). JUDICIAL PROCEEDINGS, Full faith and credit in other states (Const. art. 4, § 1). JUDICIAL SALES See Eajectition. - Distilled Spirits, forfeited, to be sold sub- ject to internal revenue tax, 6131. Provision making it offense to pur- chase quantity greater than 20 gal- 10ns from one person, not to be ap- plied, 6101. Distillery, consent to operation in case of, 5999. - Personal property, 1641. Real property, 1640. Notice, 1642. º Sale or lease of property acquired by ºted States under judicial process, JUDICHARY v. ' See Appeals : Attorney General; Chief Justice . . Circuit Courts; Circuit Courts of Appeal : . Circuit Judges ; Connºrverce, Court ; , Consular Courts; Cowrt of Appeals for District of Co- lwºmbia ; Court of Claims ; Coºrt of Customs Appeals Court of Private Land Clair vs Courts of Bankrupt- cy : Criminal Procedure ; Depart- ment of Justice ; District Attorneys ; District Cottºrts ; District Judges ; Error, Writ of ; Evidence ; Fees ; Grand Jury, Habeas Corpus ; Judg- es; Judicial Circuits ; Judicial Dis- tricts ; Jury Limitations ; Marshals ; Naturalization : Re?moval of Caºises ; Supreme Court of District of Column- bia Supreme Court of Territories ; OT16 articular not extended to CourtS GENERAL INDEX [Page 2171] [References are to sections, except where otherwise indicated.] JUDIGIARY (Cont'd) - Supreme Court of United States ; Terms of Courts : United States Court for China ; Witnesses. Clerks of courts, see Clerks of Courts. State courts, see States. Territorial courts, see Territories. JUDHCIARY ACTS See Cross-references wººder Judiciary. Text of act, 991 (1), (2), 1010-1012, 1018- 1021, 1033, 1039, 1047-1049. JUNE ACT See Pensions. Pensions, 8937, 8938, 8982, 8992. JUNIOR MILITARY AVIATORS Accidents, pay, 1867c. Aviation. Section, examination, military aviator, 1867c. JURISDICTION See Admiralty ; Appeals ; Baſnkrupt- cy ; California Débris Convºmission ; Circuit Court of Appeals : Com/merce Court ; Concurrent Jurisdiction ; Cowrt of Claims ; Cowrt of Customs Appeals : Courts of United States ; Criminal Procedure ; District Cowrts : Special Jury : Supreme Court of gifted States ; Venue or District of :S^lit. Courts in vacation, see Vacation Pro- ceedings. . . Diplomatic and consular Officers, see Consular Officers ; Diplomatic Offi- C67°S. Foreign consular officers over contro- ºversies between seaſºner, see Consºl- lar Courts. Referees in bankruptcy, see Bankrupt- GQſ. Užied States over national cemeteries, See Cenn.eteries. Alien enemies, removal, 7617. Bridges over navigable waters, construc- tion of aids to navigation, recoVery of cost, 9969. Failing to open draw, prosecutions, 9973. Obstructions to navigation, removal, 9965. - California Débris Commission, 10007. Carriers, forfeitures for failure to obey orders of Interstate Commerce Com- mission, recovery, 8584. Furnishing free transportation, proS- ecutions, 8563. Granting or accepting rebates prºdis- criminations, prosecutions, 8597. Injuries to employés, actions, 8662. Mandamus to compel furnishing of equal facilities to shippers, etc., 8593. Physical valuation of property, 8591(15). - China, United States court for, 7687, 7690. Circuit Court of Appeals, see Circuit Court of Appeals. Civil rights, deprivation, Suits.to redress, 991(14). Cloud on titles, removal, 1039. Coast Artillery fire, violations of regula- | 9862d, tions to prevent injuries from, Appendix p. 1799. Consular courts in Turkey and Egypt, • 7670. Consuls of United States in certain for- eign countries, 7633-7676. Court of Claims, see Court of Claims. Court of Customs Appeals, see Court of Customs Appeals. Courts-martial, naval militia, 3078a (43). Courts of Porto Rico, 38030d, 3803XX. Dams, condemnation after revocation of right, 9979. District in which suit to be brought, See Venue or District of Suit. District judges, civil causes pending in South Carolina, 968f. - Division of district in which suit to be brought, see Venue or District of Suit. Equity, see Equity. Ex parte proceedings, orders, either division, Maine, 1070f. Foreign, seamen, payment of wages, 8322. Hot Springs Reservation, 5261. Immigrant stations, 4289%q. Indians and Indian country, introduction of liquor, prosecutions, 4140. Offenses by, 10502. etc., in Reservation in South Dakota, offenses | within, 1009, 10503. JURISDICTION (Cont'd) Indians and Indian country (Cont'd) Rights to allotments, 991(24). Sale of liguor to, prosecutions, 4140. Internal revenue taxes, recovery, 5937. interº Commerce Commission, 8568, 569. - - Enforcement of orders, 994, 8584. Of tariffs, prohibition of discrimi- nation, etc., 8599. Forfeitures for failure of carrier to obey orders, recovery, 8584. United Stătes. Shipping Board, Act not to affect. 8146pp. Libels against vessels, injury to river and lºor improvements or navigation, Violations of anchorage regulations, Chicago, 9951. - Rennebec River at Bath, Maine, New York Harbor, 9948. - Lighthouses, beacons, etc., sites ceded by States to United States, 8436, 8437. Ministers of inited States in certain for- eign countries, 7633-7676. Mississippi River reservoirs, violation Of regulations, 9893. - National Banks, injunction against Comp- troller of the Currency, 991 (16), 1031. Suits by or against, 991(16), 9668. For taking usurious interest, 9759. National cemeteries, 9364, 9377. National defense act, 1051.4b. 'National forests, 5131. Navigable waters, bridges over, failing to open draw, prosecutions, 9973. Dams, obstructions to navigation, re- moval, 9980. Injuries to tions, 99.21. Obstructions to navigation, removal, 65. improvements, proSecu- Recovery of cost of constructing aids to navigation, 9969. Unauthorized structures, removal, 9917. Pacific Islands, offenses on, 10482. Panama Canal Zone, 10031. District court, 10044. Magistrates’ courts, 10043. Patent cases, 1030. Place of trial, capital offenses, 1022. Offenses on high seas, etc., 1023 º Out of jurisdiction of state or dis- trict, 1023. Platt National Park, 5243, 5245. Property in different states, 1038. Quarantine stations, sites ceded by states to United States, 9172. Railroads, courts of United States not to have jurisdiction on ground of incorpo- ration of companies by act of congress, 1233a. " Referees in bankruptcy, 9622. St. Mary’s Falls Ship Canal, tion of land for, 9880. State Courts, see States. Supreme court, United States. - Surety companies, actions against, 3297. Transfer of causes, from courts of Terri- tory on admission as State, 1046. On creation of new district or division, 1041 condemna- To other division of district, civil causes, agreement of parties, 1040. Civil causes, agreement of parties, Maine, 1070e. Criminal prosecutions, 1035. Maine, 1070e. Particular districts, 1052–1106. Vessel owners, etc., failing to furnish statement to persons in charge of river and harbor works, prosecutions, 99.01. Violations of regulations, prosecutions, 9901, 9928-9930, 9973. Water shed lands, acquired by United States for protection, 5.185. Yellowstone Park, 5191. JURY ** - See Grand Jury : Jury Comºnissioners. General provisions, 1252–1265. Attempting to influence, intimidate, etc., juror, 10305, 10307. Attendants, appointment, 1338. Compensation, 1338, 1339 Bribery of juror, 10303. Challenges, in civil and criminal cases generally, .1264. Ground of previous service within one year, 1263. Prosecutions see Supreme Court of - for polygamy, etc., us JURY (Cont'd) Challenges (Cont'd) Summary trials for offenses against navigation laws, 8049. t Trial by court without triers, 1264. Conspiring to intimidate or injure juror, '* 10306. In civil rights cases, 3933(2). Contempt by juror, 1245. Disqualification, as United States com- missioner or receiver, 1334. Pºst of Columbia, lunacy proceedings, Excluding from service on, because of race, color, etc., 3929. - Exemptions from service on, 1252. Artificers and workmen at arsenals and armories, 3088. Fees of jurors, 1375, 1457, 1458. In certain states, 1453. Payment, 1461. Fees of marshal for summoning, 1386. Hawaii, laws applicable to district court in, 3727. Impaneling, conformity to state practice, contempt proceedings, 1245b. List of jurors to be furnished before trial in capital cases, 1699. Mileage, 1457. In certain states, 1453. Number of jurors for trial of issues of fact, in admiralty, 1585. In equity and patent causes, 1586. Peremptory challenges, 1264. In Capital cases, 1697. Porto Rico, 3803s, 3803tt. ,” Qualifications, exemptions, etc., and fees and mileage of jurors, 3788, 3790. Qualifications of jurors, 1252. Bigamy, polygamy, etc., disqualifica- # in prosecution for such offenses, Race or color not to exclude, 1255, 3929. Review. Of Cases tried without intervention Of, 1668. .. Selection, contempt proceedings, 1245b. Hº: jurors apportioned in district, How jurors drawn, 1253. Not to serve more than one term in a year, 1263. Special, 1258. *. ºrial of bankruptcy proceedings, Talesmen, 1257. Territorial courts, fees, 3471. Trial by jury, accused’s right to (Const. am. 6). Assessment of amount of recovery on forfeiture of bond or other specialty in certain cases, 1599. * , Condemnation, adulterated or mis- branded food or drugs, 8726. Insecticides or fungicides, 8774. Necessaries hoarded, 31.15%h. Property seized for violation of embargo on expofts, 7678h. Contempt proceedings, 1245b. Criminal cases (ComSt. art. 3, § 2, cl. ). Issues of fact, 1583–1586. In admiralty causes, 1583, 1585. In equity and patent causes, 1586. In Supreme Court, 1212. oºes against navigation laws, 8047, Ownership of attached property of de- linquent postmasters, contractors, etc., 1553. - Proceedings for restoration of prop- erty seized for violation of em- bargo on exports, 7678h. Questions of insolvency or acts of bankruptcy, in bankruptcy proceed- ings, 9603. * Required in territorial courts, 3458. Review, restrictions (Const. am. 7). Venire, issuance, service, 1256. - Verdict, conspiracy to influence, 3933(2). Waiver, 1587. JURY COMMISSIONERS Appointment, qualifications, and duties, 1253 - Disqualification as United States commis- Sioner, or receiver, 1334. JUSTICE, DEPARTMENT OF See Department of Justice. JUSTICES - See Chief Justice ; Department of Justice ; Judges ; Justices of the Peace ; Supreme Court of United States. Supreme court of Hawaii, see Hawaii. GENERAL INDEX IIPage 2172] [References are to sections, except where otherwise JUSTICES OF THE PEACE Alaska, foreclosure of miners’ liens. 5063. Arrest and imprisonment or bail .9f bail offenders against United States, 1674. District of Cölumbia, reports of deaf, and dumb persons to Columbia. Institution, 9356. Oaths to accounts with Auditor for Post Office Department, 467. - Claims before departments, to administer, Postal cases, 7192. Search warrants in customs. Cases, 5769. Subpoenas, in contested elections of In enlº- bers of 'House of Representatives, 167, 169. y Summons for non-payment of Sea Iſleſl'S wages, 8335, 8336. Tºšić. election, 3444. Jurisdiction, 3456. Oaths ** by, Vacancies, º Vessels, appointment of Surveyor.º. COIn- plaint of unseaworthiness, 8345. Unauthorized boarding, 8387. JUTE Customs duties on, 52910267-285). vessel laden with, consigned ders,” 5504. - - JUVENILE DELINQUENTS Census, statistics, 4387. JUVENILE OFFENDERS See Prisoners. Confinement in houses of refuge, etc., 10549, 10550, 10551, 10558. , Imprisonment in penitentiary, from other prisoners, 10560. - National Training School for Boys, '9391- authority to officers, 3468. “for or- separation 9412, For Girls, 9413-9426. KADIAK ISLANDS Fish culture stations, hibited, 5082. KAMICHATRA SEA Fur seal and Sea otter, 8838–8849. IKANSAS District court, clerk, 1067. Deputy clerks, 1067. Terms, 1067. Transcript into new 1510 sale of lands pro- books of records, Homesteads, enlarged entry provisions ex- tended to, 45686. Judicial district, 1067. g Laws, to govern town site trustees in Ok- lahoma, 5033. Marshal, 1067. Deputy, 1067. Mineral länds, 4654. Reclamation of arid lands, 4700–4708. Surveyor-general, office abolished, 4436. Swamp land grants, for levees, exception of State from provisions, 4958. RANSAS PACIFIC RAILROAD Extension, 10057. e Settlement of accounts for transportation, etc., 10062, 10063. KASKASRIA INDIANS Laws relating to allotments in severalty to apply to, in Indian territory, 4207. REEPERS s tº Life-saving stations, see Life-Saving Service. KENNEBEC RIVER, Anchorage regulations at Bath, Me., 9957, 9958. KENTUCKY Bail for appearance, calling of party, etc., 1572. District attorney, 1354, 1355. District courts, clerks, 1068. Deputy clerks, 1068. Prócess, where returnable, 1068. Terms, 1068. Transfer of causes, 1068. Judicial districts, 1068. Marshals, 1353-1355. Deputy marshals, 1353. REROSENE See Coal Oil. KEY DEPOSIT FUNDS Postal savings, adjustment of postmas- ter's claims for losses, 7211. REYS To distillery locks to be in charge of col- lector of internal revenue or such gaug- er as he may indicate, 6005. g disposal as agricultural, KEYS (Cont'd) To gates and doors of distillery to be fur- nished by distiller to collector of in- ternal revenue, 6015. To mail locks, stealing, etc., 10361. KIDNAPPING Bringing kidnapped person into United States, etc., 10444. - For purpose of slavery, 10441. RHNIKAID ACT (See Hoºvesteads. Homestead entries in Nebraska, 4576-4578. EKONGO See Independent State of The Kongo. KOREA Consular courts in, appeals from to Unit- ed States court for China, 7688. Persons and prisoners of United States in, expenses of, 7668a. LABELS See Food ; cides. Adulterated butter, packages, 6236. Cigars, 6203, 6204a. P; products, inspected for exportation, Insecticides and Fwº gi- False labeling, articles manufactured of gold or silver, 8805–8811. Food and dairy products, as to place of production, 8729, 8730. Viruses, serums, etc., 8779. Filled cheese packages, 6247. Imported articles or packages, 5297, 5298. rºsement of trade-marks, destruction, *) Uſº). Meats, etc., and meat products inspected, 8681, 8711. Mixed flour, packages, 6261. After breaking original package, 6262. Imported flour, 6264. Oleomargarine, packages, 6219. Registration, 9517a. Tobacco, packages, 6171, 6172. Viruses, serums, etc., packages, 8778, 8.779. Wº: phosphorus matches, packages, HABOR. See Child Labor ; Commissioner of La- bor Statistics ; Com/mission on In- dustrial Relations ; Departmvent of Labor ; Enviployés” Co????) ensatio? Act , Labor, Bureau of ; Laborers ; Secretary of Labor. 4; contract labor, see Contract La- O'”. Chinese labor, see China—Chinese. Cooly labor, see Cooly Trade. Child labor, act regulating, 88192-8819ſ. Investigation, 965. Commission on Industrial Relations, 8913– 8917. Inquiries into labor conditions, 8916. Employés’ Compensation Act, 8932a–8932u.u. Employés of carriers in interstate, etc., commerce, arbitration and mediation between carriers and employes, 940, 8666–8676. Empiº's liability for injuries, 8657– Assumption of risk, 8660. Contributory negligence, 8659. Hauling cars for repairs, 862L. Limitation of actions, 8662. Limitation of liability, 8661. Negligence, 8657, 8658. Rights under other acts not im– paired, 8664. Survival of right of action, 8665. Safety appliances, 8605-86.50. Wages, reduction by receiver of rail- road. 8674. Hours of, clerks in Executive Depart- ments, 238. Clerks in first and second class post- offices, 7238. Deck officers, on watch duty on steam vessels, 8227. Emplº in executive departments, Railroad, 8677–8680. Mail carriers at first and second class post offices, 7238. - TJnited Ståtes, On public works of 8918–8922. g Trailway postal clerks, 7519. Hours of, suspension of eight hour law in case of national emergency, 8922a. Involuntary servitude prohibited (Const. am. 13, § 1). indicated.] LABOR Cont'd) - Mediation of disputes, between carriers in interstate, etc.. commerce and their employes, 8666-8676. By Secretary of Labor, 940. National Trade Unions, 8908-8912. Nº. war labor board, proclamations, . 431. Not a commodity within Anti-Trust laws, 8835f. Wages, standardization, appropriation for, 31.15% a, Appendix p. 1772. LABORATORIES Department of agriculture, equipment, ex- change, 814a. Examination of seeds, 8743. Hygienic Laboratory, 9143–9145. Leprosy hospital and laboratory in Ha- waii, 9183-9188. Navy Department, experimental and re- search work, reports, 652a. LABOR, BUREAU OF Transfer to Labor Department, 934, 935. LABOR, TXAY Public holiday, 3246. In government printing office, 7010. Within act authorizing compensatory time to post office clerks and letter carriers, 7239a. Seamen not required to do unnecessary work on, 8363b. N HABOR. DAY ACT See Labor Day. Text of act, 3246. LABOR, DEPARTMENT OF See Department of Labor ; Agents ; Secretary of Labor. IAEOR.ERS See Child Labor ; Cooly Trade. Eacclusion of Chinese, see China–Chi- 70 €S63. Agricultural Department, 798. Appropriations for compensation, 6765. Army, pay, 2158, 2159. Arsenals or armories, enticement, 10207. Exemption from service as jurors, 3088. Misconduct, 3087. Assay offices, 6532. Botanical Garden, 34.17. Capitol building and grounds, extra pay prohibited, 3421. Census office, 913. Additional, during census period, 918. Child Labor Act, 88192-8819ſ. Chinese, exclusion, 4290-4341. Civil service act not to affect, 3278. Special Contract Labor ; Coast and Geodetic Survey, salaries, 8561a. Customs service, secretary of treasury to fix, 5327b. Detail of soldiers, 2007. - Employer’s liability for injuries, 8657–8665. Employés Compensation Act, 8932a-8932uu. Employment of Indians, 4031. Executive Departments, authority to em- ploy, 248 Employment only as Specifically ap- propriated for, 249, 250. Salaries, 246. Federal Farm Loan Board, employment, compensation, etc., 9835b (9), 9835bb (3). Government printing office, 7014. Hours of labor on public Works, 8918–8922. Library of congress, employment by Su- perintendent of library building and grounds, 134. Mints, wages, 6435. National Trade Unions, 8908-8912. Navy yards, 2793. Postal service, services on Sundays Or holidays, 7239c. Post-Office Department, females, 572. IPost offices, first and second class, hours of iabor, 7238b, Appendix p. 1785. Salaries, 7231. Wages in foreign countries, consuls, 3168. Wages, reduction of by receiver of rail- road, 8674 LABOR ORGANIZATIONS See National Trade U7%io?? : U%iO70s. Anti-Trust Taws, etc.; reports by TrCºde not to be forbidden, Income tax, exemptions, 6336|K[a]. Postage on second class mail matter of, 7358b. GENERAL INDEX [Page 2173] [References are to sections, except where otherwise LABOR STATISTICS, BUREAU OF. ... See Commissioner of Labor Statistics. Change of designation, of former Bureau of Labor, 944. Design and duties, 946. Laws relating to former Bureau of La- bor continued in force, 953. Powers and duties, 945. Transfer of papers in arbitration proceed- ings to Board of Mediation and Concilia- tion, 8672(2). HABOR. UNIONS See National Trade Union ; Trade Un- iO7. S. LACEY ACT See Gaºne. Game, 821, 8708, 104.11-10414. LACROSSE BALLS AND STICKS Internal revenue tax, 6309%a, 6309%b. Payment, vendees or lessees in Cer- tain cases, 6348b. When held or intended for sale, 630.9%.C. LADIDERS: Equipment of cars in interstate COmnderCe, hand brakes, 86.18. ' LAHORNG Merchandise notified for exportation, 5738. Vessel, in nighttime, license, 5559, 5561, 5562. On preliminary entry, permit, 5560- 5562. * LADING, BILLS OF See Bills of Lading. LA FOLLETTE ACT See Merchant Sedºvert. Seamen, 7734, 7978a, 8225, 8258, 8306, 8320, §322, $323, 8325a, 8337a, 8348, 83632, 8363b, $372, 3380, 8382–8382c, 8391, 8392a. LA FOLLETTE HOUR'S OF LABOR ACT See Hours of Labor. Railroads, 8677-8680. LAGER BREER See Fermented Liquors. LAKE CHAMPLAIN Clearance of steamboats, 7799. LAKE ERIE Dam at outlet, report upon, 99.84. ports for Ianding merchandise from Can- ada, 5840. LAKE MIHCHMGAN See Great Lakes. Anchorage regulations for port of Chica- go, 9950, 9951. Coasting trade regulated, 5832. tº Dumping of refuse near Chicago prohib- ited, penalty, 99.46. LAKES See Great Lakes ; Lake Champlaiºs Take Erie; Lake Michigan Lake Superior ; Lake Washington ; Lake Winºnepesawkee. Collision rules, see Collision. Navigable, see Navigable Waters. Alteration of condition Without authority unlawful, 99.10. 1 – º – * Changing levels in Oregon and California. for irrigation projects, 4749. Lighthouse districts, 8434. º Pier-heads belonging to United States On northern and north-western lakes to be marked by Light-House Board, 8453. Revenue cutters on northern and north- western lakes to aid vessels in dis- tress, 8459%b(48). Shipping-articles for seamen on lake-go- ing vessels, 8303. Surveys of public lands on, 4819. , , Tonnage duties on vessels navigating, ex- emption of those making daily trips, to Canadian ports, 7816. LAKE SUPERKOR See Great Lakes. Water levels not to be diminished, 9989. LAKE UNION Post lantern lights, 8439b, Appendix p. 1792. LAKE WASHINGTON * Canal connecting with Puget Sound, 9904- 99.06 Post lantern lights, 8439b, Appendix p. 1792. - LAEKE WINNEPESAUEKEE Rural free delivery carrier, maximum sal- alry to, 7300b. 7300 bb, Appendix p. 1786. LAND See Agricultural Lands ; Lands ; , Private Land Claims : lic Lands ; Public Property. Condem/nation of, see Condemnation. Sales of, see Sales. - Acquired by United States, for debt, pow- ers of Solicitor of Treasury as to *asement, sale, etc., 6942, 6946, For debt, release upon payment, 6947. Solicitor of treasury to have charge of, etc., 6946 Unproductive lands, rent or sale of, 6942–6944. By devise, sale of, 6948. Appeals and writs of error to Supreme Court in cases involving title, 1225a. Citizens to have equal rights to hold, Columbia. Institution for Deaf, 9341, 9343. Condemnation for public use, District of Columbia, procedure, 6914. Fortifications and coast defenses, 6911. Sites for public buildings, 6909. Conveyed to individuals for use of United States, authority of President to obtain release of title, 6949. Cotton factories at United States Peni- tºiary at Atlanta, 10563b, Appendix p. Missio??0.7°gy JPMºb- Delinquent collector of internal revenue, sale of, by United States marshal, 5941. Donations of by states, acceptance, 787b. By Secretary of Interior for use as headquarters for mine rescue Cars, 787C. Erroneously sold, permanent appropria- tion for refund of money, 6799(44). Federal reserve banks, taxation of, 97.91 Fortifications and coast defenses, dona- tions of, 6911. Purchase of, 6911. Forts, etc., construction, in case of emer- gency upon written consent of OWner of, 6903, 6903a, 6911a. Government printing office, acquisition for, 6913–6914. - Housing of war industry employés, 3.1155%a. Shipyard employés, 8146t. Laws, judgments, etc., of foreign states relating to, under United States, how authenticated, 1521. Life-saving stations, piers, etc., acquisi- tion for, 8515. Lighthouse service, sale of, 8451. Sites for lights, lighthouses, etc., 8427, 8444, 8451. Natiº, banks, loans on land as security, Power to hold, 9674. Nººnal cemeteries, acquisition for, 9362– 364. Naval purposes at Cape May, 2804bbb. Ordnance department, 6903a. Public buildings, acquisition of sites for, 690 Purchase for United States restricted, 6889 River and harbor improvements, acquisi- tion of, "'9878. Sale of, 9882. - Sale by successor of marshal dying, re- moved, etc., 1643. * Under order or decree, 1640. Notice, 1642. To be held at court house, 1640. In territories, aliens may acquire, 3492. Conveyance by aliens, 3493. Ownership by aliens prohibited, 3490. * Fººtions to prohibition, 3490– 3492. Washington, D. C., conveyances of Cer- tain low grounds in, 6945. LAND AND NAVAIL FORCES See Army Militia ; Navy. - LAND DISTRICTS AND OFFICES See General Land Office ; Registers and Receivers. g General provisions, 4504-4522. Affidavits as to character of lands as des– ert lands filed in, 4675. Alaska, 4517-4522. Annexation of adjoining district, 4507. Boundaries of, changed by President, 4510, Consolidation, 4506. Continuance by secretary of interior, 4505. Declaratory statement for reservoir sites, filed with, 4939. f indicated.] LAND DISTRICTS (Cont'd) f Discontinuance of, by President, 4507, 4:09. By Secretary of Interior, 4504. Entries and final proofs made out of prop- er land districts by error of officers, confirmed, 5115. Entry of public lands in states where no land offices exist, 4513. Expenses incurred by registers and re- ceivers, 4480a. Iowa, abolished, 4516. Land districts, 4504-4522. Location of, changed by President, 4508. Maps of Reservoir sites filed in, 4941. Mining claims, filing application for pat- ent, 4622. & Missouri, receiver’s office at Springfield abolished, 4515a. Notice of absence of homestead entry men filed, 4532c. Number of, not to be increased by change of boundaries of districts, etc., 4510. Office of recorder of land titles in Missouri discontinued, 4514. Office-rent and clerks of consolidated of- fices, 4512. Iºlo, Indiana and Illinois abolished, AND of FIGEs Plats and field notes of surveys in Alaska, filed with, 5091. President may establish additional, 4651. Prosecutions for live-oak timber depreda- tion, 4982. Registers and receivers, 4469-4503. Surveys returned to, 4811 LAND GRANTS See Land Patents. To counties for seats of justice, 4869 E’ees of registers and receivers, 4473. , Grants and reservations to states for pub- lic purposes, 4860-4861. Fee simple title to pass, 4870. Lands selected by California. Confirm- ed, 4878. New gºtes, selection and location, For territorial improvements, 4874. Preference right of selection granted to certain states, 4877. sº of grants to certain States, Not to include maineral lands, etc., 4658. Pignate and oil lands in Idaho, 4863– 486 865. Railroads, 4882-4917. Adjustment, deposits for costs of Sur- veying, etc., 4895, 4914–4917. By Secretary of Interior, 4895. Claims of bona fide purchasers, estab- lishment of rights, 4902. Investigation before suit, 4903. Compensation for transportation by land grant roads, army, 10066, 100662. 10066, Appendix p. 1799. Indian goods and supplies, 10067. Mail, 7482, 7485, 7487, 7488. Property or troops, 10065. Construction and operation of telegraph lines, 10080. Cost of surveys, etc., collection, 4884. Deposits for surveys, etc., 4888. Disbursement, 4914. * Failure to make, forfeiture of grant, 4915. Regulations by Secretary of In- terior, 4917. Repayment of excess, 4914. Right to extend public surveys over land granted, etc., not affected, 4916. Lands granted to Union Pacific Railroad, 4886. - Payment, 4882, 4884, 4886, 4887. Reports, 4887. Erroneous cancellation of entries of bona fide settlers, 4897. Extension of time for construction, purchase of forfeited lands, 4907, 4909- 4912. Forfeiture, 4885. Riº of original grantees to land, 13 Sale of lands, price, 4761, 4762. |Unearned grants, 4905. Government directors, etc., 10059. Homestead entries within limits of railroad grants, 4585–4587. Abandoned lands, 4892. Forfeited lands, extension of time for entries, 4907. Preference rights, 4906. GENERAL INDEX [Page 21741 * [References are to sections, except where otherwise indicated.] LAND GRANTS (Cont'd) Railroads (Cont'd) - & , , a Homestead entries within limits of railroad grants (Cont'd) Prior to withdrawal or after resto- ration to market confirmed, 4891. Rights of entrymen whose entries have not been admitted to record, 4890. - Subsequent to expiration of grant, 4893 Indemnity selections for lands within Glacier National Park not allowed, Limitation of quantity, 4900. Patents, cancellation of, 4896. To purchasers from railroads, 4898. Suits to cancel, claims of bona fide purchasers, establishment of rights, 4902. Claims of bona fide purchasers, investigation before suit, 4903. Limitations, 4901. Payment, 4898. For purchase money, 4898. Re-purchase by bona fide purchasers from grantees, removal of crops and improvements, 4908. Rights of permissive settlers on lands restored to public domain, 4894. Rights of purchasers from railroads of ºrminus lands not Within grant, 4899. - Selection of lands in lieu of lands en- tered by settlers, 4889. Suit for purchase money, 4898. Surveyed lands taxable, 4883, 4916. Surveys within limits of grants, appro- priation, 4887. Reimbursement, 4887. º Reports, 4887. Surveys, 4811. Swamp and overflowed lands, 4958–4969. Wagon roads, patents for grants to Ore- gon, 4871. Provisions for relief of settlers on Iands granted to railroads applicable to grants for wagon roads, 4904. Suits to cancel patents erroneously is- Sued, limitations, 4901. LAND LORD AND TENANT See Leases. Distress against persons in military serv- ice, 30.78% ee. Eviction of tenant in military service, 30.78% ee. Liquor nuisance by tenant, in Alaska, 3643]. In District of Columbia, 3421%j. Permitting liquor nuisance, in Alaska, 36.4377. In District of Columbia, 342.1%k. ILANDMARIKS Historic, preservation, 5278-5281. LAND OFF}{CIES See Land Districts and Offices ; Gen- eral Land Office ; Recorder of Gener- all Land Office. IAND PATENTS See General Land Office : Lands. Alaska, 5091. Reservations for government railroad purposes, 3593a.(5). Aliens, marriage of female citizen with not to prejudice rights to, 4538b. Allotment of public lands to Indians not residing on reservations, etc., 4198, 4199. Cancellation, patents erroneously issued to railroads, 4896. Suits to cancel, claims of bona fide purchasers, establishment, 4902. Claims of bona fide purchasers, in- vestigation before Suit, 4903. Limitations, 4901. -- Coal lands, in Alaska, 5072. Recital of conditions, 5078. Reservation of coal, 4668. Conditions involving easements, drainage, etc., of mines to be expressed in, 4646. To deceased person, in Whom title to vest, Indid?!. 98. T}esert lands, 4674, 4678. Donated to States for reclamation, 4686. Entries, reservation of lien for sums due, 4729, 4732a. Within reclamation projects, proof required, 4734. Flathead irrigation project, 4732a. To States or assigns, 4685 (4). Ute Indian Reservation, 4693. LAND PATENTS (Cont'd) Engrossing of, 706. Errors in location of, 4779. Executive clerk to sign, 697. Exemplifications of, fees for, 711. False making, etc., to lands, mines, etc., in California, 51.17-5119. Fees, for exemplifications of patents, 711. Forging, counterfeiting, etc., evidence to lands, mines, etc., 51.17-5119. Homestead, 4532. - Additional entries within limits of railroad grants, 4585–4587. Alaska, 5046. Assignee of entries within reclamation projects, 4727, 4732a. Black Hills National Forest, 5166. Coal lands, 4668. By Indians, 4612. Insanity of entrymen, 4544. Not liable prior to patents, 4551. wºn limits of railroad grants, 4585– 4587. Within 4728, 4732a. tºº allotments in severalty, 4201, 4224- Issuance of, 699, 705–707. Surrender of patent and selection of other lands, 4211. Issued when, 5113. Land-claims heretofore confirmed, 5097. tº, entered by mistake, relinquishment, Lands embraced in town sites in Okla- homa, 5023. Lands entered under non-mineral laws, reservation of coal, 4665. Reservation of coal, new patents with- Out reservation, 4665a. Lands in state irrigation district, 4695b. Lands located by Commissioner on land- Warrants, to issue, when, 4849. Limitation of suits to annul, 4901, 5114. Marriage of female citizen to alien not to prejudice rights, 4538b. Military bounty-lands, 4835. - Heirs, war of 1812 and revolutionary Soldiers, how issued, etc., 4855 Notwithstanding omissions in dis- charge, 4852. Soldier who has lost warrant, 4851. Mill-site for quartz-mill, etc., 4645. Mineral lands in Michigan, Wisconsin, and Minnesota, 4653. How obtained, 4622. Mining claims, claimants for portions of, reclamation projects, Iand Evidence of possession, etc., 4631. Under former laws, 462 Lands included, 4626. Placer-claim, 4628. Placer-claim containing lode-claim, Non-mineral land not contiguous to vein or lode-claim, 4645. Oil lands in Utah, 4640. Oil or gas lands, transfer of land before discovery of oil or gas, 4637. Parks and school lands in Oklahoma, 5023. Pºns absent in military service, etc., 0 Private land claims, 5097-5105. In Florida, Louisiana, and Missouri, 5103–5105. Payment of cost of surveying, 4809. Purchaser, from executor, etc., 4543. Land sold for drainage charges in Minnesota, 4975. From railroads of co-terminus lands not within grant, 4899. Recording of, 705–707. Reservation of right of Way for ditches or canals, 4933. Signing of, 705. Secretaries of President, 695, 696. Subject to water rights, when, 4648, 4671. Surrender and issue of new, 5111, 5112. Suspended entries, 5109. Swamp lands, issue to purchasers and lo- gators, 4962. Issue to States, 4959. In Missouri, 4967. Timber and stone lands, 4673. Subject to water rights, 4671. Town or city lots on public lands, 4787. Townsites, issuance to purchaser’s trans- feree, 4802a. Under other laws relative to town-sites, 4801 wagon road grants to Oregon, 4871. LANDSMHEN Bounty-land, 4837–4829. Employment as firemen, pay, 2857. Marines substituted for, 2945. LAND WARRANTS See Military Bounty Land Warrants. Agricultural college land, limitation of entries, 4873. Lost or destroyed, reissue, 4872. Entries in Alaska, 5046. Military bounty lands, 4826-4829. Private land claims in certain states, 5101–5105. d LANTERN SLIDES Agricultural Department, sale of, 831, 832. Geological Survey, copies to be furnished by Director, 782. LAIRCENY See Embezzlement; Robbery. Extradition, fugitives from foreign coun- try, 10, 110. Gold, etc., in custody of officer in suit to enforce miner’s lien in Alaska, remov- ing, 5069. Goods in interstate commerce, 8602a, 8603. On Indian reservations in South Dakota, 10503. . Jurisdiction, 1009. By Indians, 10502. Judgment of state courts a bar, 8604. Mail, assaulting mail custodian with in- tent to steal, 10367. By post-master or employé, -10365. Stealing from letter boxes, etc., 10368. Mail locks or keys, 10361. Moneys, property, etc., used in Interstate Commerce, 8602a. Officers of common carriers, moneys, etc., used in Interstate Commerce, 8602a. Plundering vessel in distress, 10470. Post-office property, 10360. Breaking into and entering post-office With intent to steal, 10362. Public moneys, etc., 10214. Public property, arms, stores, etc., 10200. By persons in military service, 2308a, art. 94(9). Punishment, 2308a, art. 93. By persons in naval service, 2975 (8). Punishment, 2969(1). Public records, etc., 10297, 10298. Punishment, 10460. Determining value of written instru- ment, 10460. Stolen checks, etc., duplicates, 6645, 6646. Treasury notes, credit to officers receiving or paying, 6822. ŁASSEN VOLCANIC NATIONAL PARK Appropriations, limitation, 5249i. Automobiles, regulations as to use, 5249ſ. Establishment, boundaries, 5249e. - Fishing, regulations, 5249f. Game, regulations, 5249ſ. - Homestead entries, existing rights not af- fected, 5249e. Lands held in private, municipal or state ownership not affected, 5249e. Leasing of lands for hotels, concessions, etc., charge, 5249 h. Limitation, term, 5249f. Mineral entries, existing rights not af- fected, 5249e. Reclamation projects in, 5249e. Rights of way, existing rights not affect- ed, 5249e. Rules and regulations, terior, to make, 5249f. Stock grazing, regulation, 5249f. Timber, sale and removal of dead or down timber, 5249g. TAUNCHES See Steam Launches. Intoxication of persons in charge of in District of Columbia, 342114 n. HAUNDRESSES Not to accompany troops, 2019. #,AUNDRIES Machines, exchange, St. Elizabeth’s Hos- pital, 9331b. ork for recruits, pay, 2183. LAW BOOKS Rurchased for judges, district attorneys, etc., to be transmitted to successors, 1340a. Restrictions on purchase, from appropria- tions for contingent expenses, 6786. f.AW CLERKS Agricultural Department, details for serv- ice, 804. secretary of in- GENERAL INDEX [Page 2175] [References are to sections, except where otherwise LAW CLERKS (Cont'd) Department of Justice, examiner of titles, r Q * State Department, appointment and sal- ary, 295, 297. . Assistant, appointment and salary, 295, 297. ** - Treasury Department, offices of comptrol- ler and auditors, appointment, quali- fication, 359. To perform clerical duties, 415. LAWFUL MONEY 'See Legal Tender. Coining and regulating value, power of Congress (Const. art. 1, § 8, cl. 5). Gold coins, 6572. Redemption in federal 9799(1). National bank notes, 9752. Reserves, national banks, 9746–9750, 9756. National gold banks, 9726. Silver coins, 6453, 6573. Treasury notes, 6576. United States notes, 6575. LAW LIBRARIES See Library of Congress. Congressional Library, 118-154. Dºments allotted to, Statutes at Large, Supreme Court reports for, 1203, 1204. LAW OF NATIONS Conference of governments to consider question of disarmament, 7686b. Habeas corpus in cases involving, 1290. International disputes, mediation or arbi- tration declared to be the policy as to Settlement, 7686a. Piracy, 10463. Possession or control of property or pa- pers in aid of foreign government for Violation of law of nations, 10212i, 10514a–105.14d. . ‘. Proceºcainst servants, when allowed, Penalty for suing out, 7612. Process, when void, 7611. . Public ministers of foreign nation, as- Saulting, etc., 7610. - - Suits by aliens for torts in violation of, jurisdiction, 991(17). LAWS . See Hawaii : Law of Nations ; Postal reserve notes, Laws ; Revised Statutes ; Special Laws ; States ; Statutes ; Statutes Cat Large. . Definition of words, see Words and Phyrases. Appliºn of United States laws, Hawaii, Philippines, 3804, 8804c-8804f. Porto Rico, 3803ccc. Territories, 3522. - Congress, power to make (Const. art. 1, § 8, cl. 18). cºracy to hinder or delay execution, Editing, assistant law clerk in State De- partment, 295, 297. Law clerk in State Department, 297. Equal protection, denial prohibited, states (Const. am. 14, § 1). • - Estimates for appropriations, references to authority for expenditures, 6671. Execution, president’s duty (Const. art. Ex post facto laws, states, prohibition (Const. art. 1, § 10, cl. 1). Extended to Alaska, 3530. Extended to Porto Rico, 3762. Governing postal savings depositories, 7591–7594. Jurisdiction of suits arising under, 991(1). Taw clerk in State Department to edit, 295, 297. Mints and pines, 3886. . Porto Rico, 3803r. - Transmission to United States execu- tive department, 3803i. Repeal of criminal laws, pending actions, etc., not affected, 10516. . Supremacy of those enacted by United States (Const. art. 6, cl. 2). - - Territºs, copies submitted to Congress, Fiestions, 3435. Submission to Congress, 3437. LAWYERS Immigration, 4289%b. I.EAMD - Customs duties on, 52910152, 153). coinage extended to Philip- LEAD AIRSENATE See Insecticides and Fungicides. IEAD LANDS - Missouri and Kansas, disposal of as agri- cultural lands, 4654. ; LEATE TOEACCO See Tobacco. LEAKAGE See Hot Springs Reservation ; India? Lands ; Rent. - Water power, see Waters and Water Courses. . - LEASES Alaska, coal lands, 5078a–5078r. Lands reserved for educational pur- poses, 5045a. Buildings for military purposes, 6932a, Appendix p. 1784. Cars, carrier’s liability for employés’ acts, 8666(3). • - Cavern and lands in Wind Cave National Park, 5233, 5234. Cº rooms for circuit courts of appeals, Equipment and supplies for parcel post system, 7327 | Films by Secretary of Agriculture, 832c. Grounds for lights and beacons, 8427, 8444. Income tax, payment at source, 6336iſb]. Internal Revenue taxes payable by lessee, 6348b. Lands, for aviation station, 1867n. Glacier National Park, 5248, 5249. Hawaii National Park for hotels, con- Cessions, etc., expenditures of proceeds, 5249m. Limitation, term, exceptions, 5249m. Headquarters for mine rescue cars, 787c. *ś, Springs Reservation, 5251-5254, Indian lands, allotments, arid land when allottee is incapacitated, 4217a. - In severalty, 4217-4221. Lassen Volcanic National Park, for hotels, concessions, etc., 5249h. Limitation, term, 5249ſ. Mesa, Verde National Park, 5242. In Mt. McKinley National Park, 5249u. Mount Ranier National Park, 5224. National forests for homes, sanitarium or hotels, 5140–5141a. Agºrity of Secretary of Interior, Potassium lands, 4640ee-4640k. Rocky Mountain National Park, for hotels, concessions, etc., limitation, term, 5249q. Sequoia National Park, 5208. By United States Shipping Board Emergency Fleet Corporation, 8146t. Wind Cave National Park, 5233, 5234. Yellowstone Park for hotels, etc., 5189, 5202-5205. Yosemite National Park for hotels, etc., 52.10, 5222. Term, limitation of amount, mort- gages, 5222a. Marine-hospitals, 9197, 9198. Monopolies, conditioned that competitors’ goods shall not be used, unlawful, 8835c. Office for immigration service at Mont- real, 4281a. 4281a, Appendix p. 1776. Panama, Canal Zone, 10032–10034. Post-offices, termination, 7258. Property acquired under internal revenue laws, 5930 Property for housing of war-industry em- | ployés, 31.15%a. Public property under control of secretary of war not required for public use, 6944. River and harbor improvements, require- ments as to being in writing, etc., not applicable to certain, 6896. Rºs for Court of Customs Appeals, sº accommodations for departments, Terminal railway post offices, postmaster general’s power, 7504a. Theaters, payment of special excise tax by lessee unless otherwise provided in lease, 5980f. - Vessels by United States Shipping Board, 8146e, Appendix p. 1789. Vessels, etc., in violation of shipping board act, 8146r (1), Appendix p. 1789. Vessels of alien enemies, 8146rr. Warehouses, customs, limitation, 5641. Restrictions, 5639. Unclaimed goods, 5638. indicated.] - & LEASES Cont'd) War Finance Corporation, 31.15%d. Water front property by Secretary of Navy, 2804g, Appendix p. 1765. Water power, 9986–9991. Under irrigation projects, 4719. Wharves in District of Columbia, limited to ten years, 3365. LIEATHIER PARERS Government printing office, 7000. LEAVIE OF ABSENCE See Albsence. . - Agºultural department employés, 807, a. Army, military academy, officers and pro- fessors, 2253, 2254. Pay, 2105–2110. 2110, Appendix p. 1758. Auditor for post office department em- ployés, 362. Bureau of Engraving and Printing em- ployees, 511, 512. Carriers, rural mail service, 7298. Coast and geodetic survey officers in Phil- ippines, 8556. | Consular and diplomatic officers, 3200. Customs officers and employees, 5374, 5375. District judge of Panama, Canal Zone, 10044 Employés, civilian in gun factories, pay, 3084b, Appendix p. 1770. Compensation to injured employés in case of, 8932dd. On duty as members of officers re- serve corps, 1881cc. - Restoration to position when or- dered to duty as members of Of- ficers reserve corps, 1881cc.c. On duty in Alaska, Hawaii, Porto Rico, Guam, 807a. Lighthouse service, pay, 8447a. 8447b. Printing office employés, 7017, 7018. Restored to duty after service in na- tional guard on medical reserve Corps, 32.15a. While in service of national guard, 3044r. While in service of naval militia, 3078a (26). - Executive Department employés, 238-240. Forest service in Alaska, employees, 51.55. Homestead entrymen, 4532–4532c. Lands proposed to be irrigated, 4735. Indian agents, etc., 4018. Indian schools, employes, 4169. . Internal revenue agents with pay, 5877a. Mail-bag repair shops, employés, 7241. Mail-lock repair shops, employés, 7242. Militia members, 3247. Navy, civilian employés of navy depart- ment, 2797a. Clerical force and employés at navy yards and stations, 2794, 3248 Commanders of vessels, to grant, 2601. Nurse corps, 1832f, Appendix p. 1748. Nurses, pay, 1832, 2110. - 2110, Appendix p. 1758. Ordnance Department, accrued leaves to civilian employés, 3248a. - Pº, employés injured while on duty, £l, s: Post-Offices of first and second class, em- ployés, 7241. Printing office employés, 7018. Railway postal clerks, for sickness, 7521. When substitute provided, 7523. Storekeepers, gaugers and storekeeper- gaugers in internal revenue, 5877. Substitute clerks in first and second class post offices, etc., during absence other than annual leave, 7245. Surgeons in Public Health Service, 91.40. United States officers on duty as members. of . Officers reserve corps, 1881cc. |Restoration to position, 1881ccc. Volunteers, extra pay, in lieu of, 2038. Warrant officers of navy, full pay, 2614a. H.ECTURE LYCEUMIS Act authorizing special excise tax riot applicable to, 5980h. LECTURERS Alien Immigrants, not excluded, 4289%b. HJEGACIES - See Devises. . H.EGACY AND SUCCESSION TAXES See Estate T'a.03. - Lien for. 6369. I,EGAL TENADER, See Lawful Money. Philippines, see Philippines. GENERAL INDEx [Page 21761 [References are to sections, except where otherwise LEGAL TENDER (Cont'd) - KJoining and regulating value, power of Congress (Const. art. 1, § 8, cl. 5). Congress, power to coin and regulate Value (Const. art. 1, § 8, cl. 5). Foreign coins not, 6571. - Gold coins, 6572. Hawaii, coins of republic, 3744. Minor coins, 6574. .” National bank notes, 97.21. Payment of debts to such banks, 9757. Porto Rican coins, 3758. Quality of silver dollar, etc., 6482. Standard silver dollar, 6453. States, prohibition, limitation to gold id Silver coin (Const. art. 1, § 10, Cl. e Subsidiary silver coins, 6573. Treasury notes, 6475. - United States notes, 6575. - Demand Treasury notes, 6576. Further retirement prohibited, Interest-bearing notes, 6577. rº of silver coin in exchange for, 6545. - Rºption, issue and sale of bonds, 43. Reissue, 6545, 6562. State taxation, 6569. LEGAL TENEDIER, ACTS See Legal Tewder. Text of act, 5710, 6379, 6541, 6551, 6557, 6575, 6576, 6655, 6799(13), 6810(3), 6816. LEGATEES Entitled to bounty land Warrants on death of claimant, 4856. 6562. LEGATIONS See Diplomatic Officers. Documents allotted to, Congressional Record, 7090. Statutes at Large, 7072. Foreign government may own in district of Columbia, 3501. LEGISLATIVE ASSEMBLY Territorial, 3433. Authentication under full faith and Credit clause, 1519. - Council, appointment of officers, con- firmed by, 3446. Custody of convicts, contracts for, 2531. Election of Justices of Peace and militia. Officers provided for by, 3444. Expenses not to exceed appropria- tions, 3477. - Extraordinary session, 3440. Filling vacancies, 3445. Incorporation laws, 3478. - Laws of submitted to Congress, 3437. Limitation of expenses for printing, 3476 Members, extra. hibited, 3442. Number and compensation, 3441. New county created by, 3480. Qualification of voters and officers prescribed by, 3449. Record of proceedings, 3430. |Restrictions on purpose and amount of debts contracted by, 3482. Seat of government fixed by, 3474. Selection of officers, 3446. - Not to be held before appropria- tions, 3475. Sessions limited, 3439. • Special or local laws prohibited, 3479. Subordinate officers, 3451. - Veto of governor, 3428. fºLEGHSHLATIVE OFFICERS Exemption from selective draft, 2044d. LEGIST, ATIVE. POWER - Congress, wested in (Const. art. 1, § 1). Territorial, extent, 3438. - Invested in governor and assembly, compensation pro- H.EGISLATURES Hawaii, see Hawaii. Porto Rico, see Porto Rico. State legislatures, see States. LEMON JUICE Merchant vessels to be provided with, 8358, 8359. LEPROSY - Additional pay of officers duty in hospital, 9187, 9188. Home, 9188a.-9188f. Administration by Public Service, 9188a. Appropriation for, 9188f. detailed for Health LEPROSY (Cont'd) - Home (Cont'd) - - Detail of officers of Public Health Service, 91886. Erection of buildings, 91886. Establishment, 9188a. Persons receivable into, 9188b. Regulations for government of, 9188c. Removal of persons afflicted with lep- rosy to home, 9188b. reservation for use of, 9188a. Hospital, and laboratory, administration, Established in Hawaii, 9183. Patients admitted to, 9184. Surgeons and employees, 9185. LEPROSY ACT See Leprosy. Text of act, 9183-9187. LESSEES Income tax returns, 6336y. LETTER BOXIES See Mail Boaces. LETTER, CARRIERS See Mail Carriers. LETTER HEADS Government Printing Office to furnish #s use of judges and court officials, LETTERS See Mails ; Postage. Attempt to influence jurors, 10307. Importing and transporting obscene, 10415. Sending for or to enemy of ally of enemy, 31.15%b(c), Sending into, etc., or from United States except , in regular course of mail, 31.15%b (c). Use of , mails for advertisement of in- toxicating liquors intended for prohibi- tiºn, states, 10387a-10387e. | Violation of Espionage Act, 10401a–10401d. LETTERS OF MARQUE Commanders carrying, to enter name, §. of disabled officers and seamen, Congress, power to grant (Const. art. 1, § 8, cl. 11). - Persons disabled, etc., to have pension, 9093 - states, prohibition (Const. art. 1, § 10, cl. 1). LETTERS PATENT See Land Patents : Patents. LEHTERS ROGATORY Foreign court witness, how compelled to attend, 1486. Testimony for use in foreign countries, 1486, 7619-7622. LEVERES Control of floods of Mississippi River, 10030%a (1, 3). Gº of swamp lands to states, 4958– Mississippi River, expenditure of funds appropriated for, 10002. LEWHDNESS . See Obscene Matter. LIBERL Libelous matter on wrapper or envelope of mail matter, 10382. LIBELS Adulterated or misbranded, food, or drugs, 8726. Insecticides or fungicides, 87.74. Canal boats for wages of employés, 7996. Costs, cases of several which might have been joined, 1619. Libellant on appeal recovering less than certain sums, 1609. Intoxicating liquors seized in Indian country, 4141. - Motor boats, 8284. - - Necessaries hoarded, 31.15%h. Prize property, 8398. + Property seized for violation of embargo on exports, 7678g. . - . Steam vessels, failure of master to en- force regulations as to wireless ap- paratus, 8264. - Navigation after revocation of certifi- Cate, 8215. Not complying with regulations, 8275. Vessels, damaging river and harbor im- provements or navigation, 99.21. * Transfer of abandoned military, etc., indicated.] LIBELS (Cont'd) Vessels (Cont'd) * Depositing dredged material in un- authorized place in New York Har- bor, 9.937. - Failure to issue bill of lading, 8033. Forfeiture, notice, 1549. Subject to penalties, etc., to be pro- ceeded against by, 5792, 5837. viola; by anchorage regulations, a. For Kennebec at Bath, Maine, 9958. For New York Harbor, 9948. For port of Chicago, 9951. Violations of laws and regulations Concerning navigation, 7973. - Violations of Passenger Act, 8014. LIBERTIA Minister and consul-general, salary, 3129. LIBERTY LOAN BONDS Text of Acts,.6829ee, 6829h-6829;i. 6829.ii, 6829.j, 6829tll, 6829m (3%), 6829qq, Appendix pp. 1782, 1783. LIBERTY OF CONTRACT * Aftement forbidden (Const. ams. 5 and River H.I.E.R.ARIANS Agricultural department, exchange books not needed, 814c. Salary, 793. - Circuit court of appeals, eighth circuit messenger to perform duties of, 1340. Congress, 118-131, 133–154. House, pamphlet copies of statutes, 7071. Statutes at Large, 7072. Interior department, 669. Military academy, assistant, pay, 2269. Pay, 2269. Paten,ºnce. appointment and salary, Of 739b, Appendix p. 1744. Senate, pamphlet copies of statutes, 7071. Statutes at Large, 7072. LIBRARIES See Law Libraries ; Librarians ; Li- brary of Congress ; Public Libraries. Agricultural Department, custody of property in, 817. Details of employés from and to, 805. Exchange of books, 814c. Congressional Library, 118-154. Departmental, binding of documents for, Depositories of government publica- tions, 7179. Documents allotted to, ... Record, 7090. Department of Commerce, purchases for by Secretary, 861. Geological Survey, part of, 778. Government printing office, disposal of books in, 7005. • Labor Department, 936. - Military and naval academies, depositories of government publications, 7179. Senate documents, 2256. Naval observatory, binding of documents for, 7158. - Patent office, binding of documents for, 7158. Congressional exchanges to form 1 Scientific works and periodicals to be purchased for, to aid officers, 749. Senate and House, committee reports to be deposited in, 7156. Documents allotted to, Record, 7090. Official Register, 7092. Smithsonian Institution, appropriation, 10579. Surgeon-General’s office, binding of docu- ments for, 7158. Treasury Department, transfer of books to life-saving stations, 8468. - LIBRARY OF CONGRESS Accounts, Auditor’s examination, 420. Agents for exchange, etc., of documents, appointment, 127. - Appropriations, expenditure, 120, 134, 136. Incidental expenses of law library paid out of, 123. Binding of documents for, 7158. Books, etc., disposition of duplicate, in- jured or wasted, 126. From executive department or bureaus transferred to, 149. Not included in inventory, 3420. - Persons entitled to take out, 138-141. Purchase of for law library, 124. Transfer to other libraries, 150. Congressional GENERAL INDEX [Page 2177I [References are to sections, except where otherwise LIBRARY OF CONGRESS (Cont'd) Bound volumes from files of House Of Representatives for,” 148. Card indexes, Sale of copies of, 151. Collections composing, 118. Congressional Journals for, 7030. Congressional Record for, 7090. Furnished to, daily, 7125. For exchanges, 7126. Copies of bills and resolutions of Congress for, 7026 - Copies of patent specifications and draw- ings deposited in, 753. Departments of, general library, 119. Law library, 119. Documents, agents for exchange, etc., ap- pointment, 127. Disposition of duplicate, wasted, 126. Number of copies for, 7022, 7026, 7027. Employés, appointment by superintendent of library building and grounds, 134. Appointment solely with reference to fitness, 135. Exchanges for congressional record to be deposited in, 7126. Expenditures, provision by joint commit- tee on library, 120. Report of by librarian, 133. Superintendent of library building and grounds to make, 136. Facilities for research, accessible to stu- dents, etc., 9382, 9383. Failure to deposit copies of copyrighted books, etc., penalties for, paid to, 9534. Financial agent, books from library, 139. Government publications not printed at Government Printing Office for, 7028. Incidental expenses, payment out of ap- propriations, 123. Joint commmittee on library, agents for exchange, etc., of documents, ap- pointment, 127. Art works accepted by, 3390. Direction of expenditures, 120. Duplicates of injured or wasted books, disposition of, 126. Fºncial agent, books from library, 139 injured, or Members, number, 120, 122. Privilege of using and drawing books from library, grant of, 139-142. Recess of Congress, 121. Rºlations for library, establishment, Journals, documents, etc., of Senate, and House of Representatives, copies for, 146, 147. Law library, department of library, 119. Incidental expenses, 123. - Open during sessions of Congress, 144. Purchase of books for, 124. |Use and regulation of, 143. Librarian, appointment, 128. Appointment, advice and consent of Senate, 129. Bond, 130, 131. - - º cºnted articles transferred to, Copyright office established at Pan- ama-Pacific Exposition, 9525. Destruction of articles in copyright office determined by, 9581. Disposition of articles deposited in copyright office determined by, 9580. Purchase of books for law library, 124. Register of copyrights and assistant register appointed by, 9569. Rºger of copyrights supervised by, 8. Regulations for copying copyright en- tries approved by, 9579. Reports to Congress, 133. Printing, binding, copies, etc., 7132. Reports of register of copyrights to, 9570, 9572. Requisitions for printing or binding, 7172 number Of Rules and regulations, 129. Rules for registration of claims to copyrights approved by, 95.74. Salary, 129. Library of House of Representatives, as- sistant librarian, appointment, 154. Control of by Librarian, 154. Librarian, appointment, 154. Mº, removal from library, prohibited, 137. Official Register for, 7092. - Pamphlet copies of statutes for, 7071. CoMP.ST.’18—137 LIBRARY OF CONGRESS (Cont'd) Printing and binding for, certificate of necessity, estimate of cost, requisition for, debiting of cost, 7172. Publications, sale of copies of, 151. Receipts, report of by librarian, 133. Regulations, 125. Making by librarian, 129. Reports of Geological Survey for, addi- tional copies, 7104. Reports of Librarian, copies for use of, Smithsonian Institution Library, deposit in, 152, 153 Specifications and drawings of patents to be placed in, 7093. Statutes at Large, 7072. |Use of copies for justices of supreme court during terms of court, 145. Superintendent, salary, 134a. Superintendent of library building and grounds, appointment, e Appropriations, expenditure, by, 136. Bond, 134. Botanic garden, expenditure of appro- priations for, 136 Disbursement of appropriations, 134. Employés, appointment, 134 Salary, 134. 134a, Appendix p. 1737. Useless material, disposition of, 150. LICENSED OFFICERS FOR VIESSELS Complement to be determined by local inspector, 8225. Entry of minimum number of deck offi- cers, master, mates, 8226. Fee for, license, 8138. Inspection of vessels and investigation of, 8160, 8161, 8212. Licenses by local inspectors, 8200. Masters, 8201. As pilots, 8205. Mates, 8202. As pilots, 8205. Motor boats not required except as requir– ed by act, 8281. Pilots, 8204. Revocation of license, depositing ref- use in New York Harbor, 9.934. Failure to procure permit for dumping of refuse in New York Harbor, 9.935. Negligence, etc., 8212. olºuction of navigation, etc., Refusal of officers to serve or obey regulations, 8211. Violations of regulations by towing vessel, 7970. - Rules as to steamers passing, 8167. Steam-vessels, 8160, 8161, 8212. Appeal from refusal or revocation of license, 8214a. - Captain, 8201. As pilot, 8205. Engineer, 8203. Licenses to be exhibited, penalty, 8208. Local boards of inspection, 8201–8205. Mates, 8202. As pilot, 8205. Oath, 8207. Pilots, 8204. Renewal, 8209. Suspension, refusal to perform official duties, 8211. Vessels of United States, 7708. - To be citizens, vessels registered abroad by consular officers, 7709a. Suspension of provision that officers should be citizens, 7707a. War duties of, 7709. Wreckers on Florida coast, 7987. LICENSED VESSELS See Coasting Trade ; Licensed Officers for Vessels. Registry of vessels, see Registry of TVessels. Bailing of property seized, 1564. Certificate for on proceeding on foreign voyage, 8087. Coasting trade and fisheries, 8057. Commissioner of Navigation, duties con- cerning, 891. Foreign yachts, 7808. License, alteration, penalty, 8130. Assistant Collector Camden, 8090. Assistant Collector of Customs at Jer- sey City, 8089 Carrying on coasting trade or fishery without forfeiture, 8124, 8125. of Customs at | indicated.] LICENSED WESSELS (Cont'd) License (Cont'd) - Carrying on coasting trade or fishery without forfeiture (Cont’d Penalty, 8124, 8125. - Remission or mitigation, 8126. Change of master, report of, penalty, etc., for failure, 8084. Collector of customs to grant, 8068. At Wilmington, 8091. Copies for Register of Treasury, 8082. Customs officers, compensation for services, 8067. Denied to vessels not complying with the law, 8274. Deputy collector of customs at Chesa- peake City, 8092 Exchange of for enrollment or regis- try, 8070, 8071. - Expiration, 8072. At Sea, exception from penalty for Carrying on coasting trade or fishery without, 8127. Fee for; 8136, 8137, 8138. Exemptions from, 8146. Receiving illegal, penalty, 8128. Forging, counterfeiting, etc., penalty, 8130, 10240. Form of, 8069. - Consolidation With form, 8066, 8067. Fraudulent, penalty, 7775. Hawaiian vessels, 3734. Illegal, penalty, 8128, 8.129. mºtion Of by officers of revenue, Issue withheld until duties on equip- Iments and repairs are paid, 5827. Licenses, same proceeding as for en- rollment, 8058. Loss, new license, 8074. - Measurement as prerequisite to, 8080. Name of port painted on stern, pen- o º 8083. ath as to payment of foreign as prerequisite to, 8079. repairs Oath of master, 8068. Obstructing officers, penalty, 8131. Record of, 8082. Renewal, 8073, 8075. Former name of vessel, 8082. Oath as to payment of foreign re pairs as prerequisite to, 8079. Sale of vessel, 8078. Vessel in another district, 8076. Signatures to, 8081. Steam vessels, fee for, 8138. Owned by resident aliens, 8062, enrollment Suits for penalty or forfeiture to be hºsht in name of United States, Surrender, change of build, ship, etc., 8073. Surveyors at ports, 8093, 8094. Cold Spring, Greenport and Port Jefferson, 8094. OWrler Fees, 8095. Vºls On northern, etc., frontiers, vºis owned by corporations, 8059– 8061. Violations of, forfeiture of vessel, 8132 - Manifests and permits, exemption from requirements as to, 8112. Exhibition penalties, 81.13. Fishing, penalty for being within three leagues of coast without permit, 8118. Pºts to touch at foreign port, Vessels trading between neighboriug districts, 8101-8109. Vessels trading between remote dis- tricts, 8105–8109. - Delivery before unlading, penalty, 8107, 8108. Pºy for proceeding without, Motor boats carrying passengers, 8231. Northern, etc., frontiers, exemption from entry fees, 5490. | Registry of, on proceeding to foreign ports, 8086. For whale-fishery, 8088. Reports by Bureau of Foreign and Do- mestic Commerce, 886. Seizure of, forfeiture procedure, 1549. Sale after condemnation, 1565. Signals of licensed pleasure yachts, 7807. GENERAL INDEx LICENSED VESSELS (Cont'd) Steam vessels, carrying excurs10ns on steamers having no water tight bulk heads, 8261. . . . . . - Carrying gunpowder, 8183. Officers to assist inspectors in exami- nations, 8210. Passenger vessels carrying gun pow- der, 8242. - Renewal of license, 8209. TJse of petroleum in the production of - Imotive power, 8244. - United States Shipping Board Act, 8146.e. 8146e, Appendix p. , 1789. Yachts, 7804. - Not required to give bond, 7805. |LICENSES . . . . See Conservation of Food and Neces- saries ; Licensed Officers for Vessels, Licensed Vessels ; Permits. Patents, see Patents. Alaska, coal lands, 5078k. Boat houses in Potomac Park, 3347. Construction of temporary structures for play grounds, 3346. . Customhouse broker, issuance, 5550. Revocation, 5551. Establishments for preparation of viruses, etc., 8781. Domestic animals, suspension, revoca- tion, 8785(4). w Issue, suspense and revocation, 8782. Explosives, manufacture, etc., of, 31.15%a- 31.15%kk. - 31.15%fff, Appendix p. 1772. Grain standards, inspection, etc., 87.47%f. Inspectors, 87.47%f. e Income tax, collection of foreign pay- ment of interest, etc., 6336i.[f]. - Intoxicating liquors, in Alaska, 3643pp. In District of Cölumbia, 34.21% ce. Lading or unlading at night, 5559. Issuance, 5562. - - Manufacture or use articles covered by patent or copyright owned by enemy or ally of enemy, 31.15% ee. Military reservations, use of buildings by Red Cross Association, 1989a. Necessaries, importation, manufacture, etc., 31.15%p. - Persons collecting foreign payment of in- terest, etc., by coupons, checks, etc., in- come tax, .6836i{f}. - Persons in states to be subject to alike, 3925. Pharmacists in District of Columbia, rev- ocation for illegal sale of liquors, 342114bb. Philippines, power to impose, 38.12b. Practice of pharmacy and sale of poisons in consular districts of China, 7696b- 7696n. . . . . . . . . . . . . . . Radiotelegraph operators, 10102. Radiotelegraphs, 10100. For conducting experiments, 10103. |Form of, 10101. - Persons entitled, 10101. Revocation, 10.103. Red Cross Association, on military reservations, 1989a. Traders with Indians, 4127-4130. Forfeiture for introduction of liquor into Indian country, 4141, 4144a. Trading in insurrectionary states, trading without obtaining by fraud, etc., 10148. Trading with enemy, 31.15%b (a), 31.15%bb, 31.15% G, 31.15%d. - - Water power, 9986-9991. LIENS - r See Hypothecation. Attach/ment, see Attachºvent. Decrees, see Judgments and Decrees. Eacecution, see Easecution. Judgments, see Judgments and De- CreeS. - - Mortgages, see Mortgages. Absent defendants in Suits to enforce, Advances for work on vessels for Treas- ury Department, 6648. Bankruptcy proceedings, 9651. - Bills of lading issued by interstate car- rier, lien to be valid apart from Act, 8604tt.' - ... ' - Bottomry lien not affected by conveyance of vessel, 7778. , Garrier, on goods shipped, 8604m. Charges for storage, etc., of insecticides or fungicides, 8775. - Enforcement, on creation of new etc., 1042. On real estate by United States, 5929. district, [References are to secti use of buildings - [Page 217SI LIENS (Cont'd) Exemptions, property transferred alien property custodian, 31.15%e. Federal reserve notes paramount lieu on assets of bank, 9799 (4). Fine for unlawful taking of sponges, 8868. Food for animals in transit, 3652. Imported food or drugs for charges of storage, cartage, etc., 8727. Imported merchandise, in warehouse, pro- tection, 5667. Judgments, 1606. On real estate, etc., the States, 1608. tºº, etc., of delinquent collectors, etc., to how to cease in Legacy and succession taxes, 6369. Maritime liens, vessels, 7783–7787. Miners, laborers in Alaska, 5059–5069. Mining claims not impaired by patents, etc., 4631. - Nº.givested by creation of new district, Pººl payments upon public contracts, Part of mail contract, 7455. - Priority, bona fide purchaser of order bill of lading issued by interstate carrier has Superior lien to seller of goods, 8604t. Property of enemy or ally of enemy, 31.15%dd. Pºrty of lessees in Yellowstone Park, Railroads, protection, 10070. Reclamation of arid lands, 4686. Flathead irrigation project, 4732a. Hºrs, Supplies, etc., to vessels, 7783, 787. Reservation in patent to water right cer- tificates, 4729, 4732a. Rights of way in Alaska, 5089. sººn bond of deputy land surveyor, Survey of railroad land grants, 4883-4885. Telegraph lines, duties of Attorney Gen- eral, 10083. Tolls for passage through St. Falls canal, 7832. United States, on life insurance policies, Mary’s 3078% m. Unpaid revenue tax, 5908. - Vessels, condemned during insurrection, preservation, 10164. Cost of quarantine when arriving with- out bill of health, 9165. Fines, against master for violation of regulations relating to Wireless apparatus, 8264. Failure to issue bill of lading, 8033. Failure to post immigration laws | by steamship companies, etc., 42.57 Head tax on alien immigrant, 4289%aa. Penalties, clearing from foreign port without bill of health, 9157. For customs revenue, 5792. Entry in violation of quarantine laws. 9156. Failure to effect war risk insur- ance, 514CCC. - Failure to keep count or list of passengers, as, 8239. Use of petroleum in the production of motive power in violation of regulations, 8244. Violation of immigration 4289% ee. º Violations of Passenger Act, 8014. For repairs, supplies, etc., 7783. Waiver, 7786. War risk insurance premiums, 5.14ccc. Wages of seamen, 8324. Wagon roads, etc., in Alaska, 5087. LIENS ON WESSELS ACT See Lie".S. Text of act, 7783-7787. LIEU LANDS - See Indemnity and Liew Lands. LIEUTENANT-COLONEL Cavalry regiment, 1718. Aids to lieutenant general to have rank of, 1756b. Coast artillery corps, 1731, 1731a. Corps of engineers, 1840, 1841, 1842a. Detached duty, limitation, 1999c. - Detached for service with national guard, part of regular army, 1717a. Examinations, character of, 1897a. laws, Field artillery regiment, 1736a. General Staff Corps, 1762a. - Infantry regiment, 1738, 1738a. | National guard, detached for ons, except where otherwise indicated.]. LIEUTENANT-COLONEL (Cont'd) Marine Corps, 2901, 2911, 2913. 01b, Appendix p. 1767. Advancement, examinations, 2924a. Loss of numbers in lieu of suspension from promotion On failure to pass examination, 2904a. - Medical corps, 1807, 1808. National guard, detached for service with, part of regular army, 1717a. Officers’ reserve corps, vacancies not to be filled, 1881a. Ordnance Department, 1848. Retirement, 2080, 2081. Pay, 2089, 2090, 2112. Porto Rico regiment of infantry, 1753a. Promotion to fill vacancy, 1770. Quartermaster Corps, 1779. Quartermaster’s Department, 1786. Quarters for officers, 2118–2118C. Signal Corps, 1860. - Volunteer army, age limit, 2042. LIEUTENANT-COMMANDERS Appointment to duty, 2605. Establishment of grade, 2470. Navy, pay on retirement, 26971. Pºion. requirement of sea service, Number, 2474. 2488. Pay, 2814, 2817. Pensions to, 8945. Promotion, 2484. Rank, 2660. T Retirement, 2623, 2636, 2637. LIEUTENANT GENERALS Aids, selection, number and rank, 1756b. Army officer, 1717. Number, 1717bb. - Pay and allowances, 2090a. Termination of office, 1756. LIEUTENANTS - Army, appointment, discharged military academy cadet, 2246a. - Appointments to be provisional, 1920b. Cavalry regiment, 1718. Coast artillery company, 1732. Coast artillery corps, 1731, 1731a. Corps of engineers, 1840, 1841, 1842a, 1842b. - Dental corps, 1833, 1833a. - Engineer Corps, appointment, 1842b. Promotion, 1901. Field artillery, 1736a. School of fire, assignment to, 2016.a. Infantry regiments, 1738, 1738a. Medical corps, 1807. Age limit, 1807b. Examination, 1809. Medical reserve corps, 1816. Ordnance Department, 1848. Promotion, 1901. Pay, 2089, 2090. Philippine scouts, 1741. Retirement, 2049a. Porto Rico regiment of infantry, 1750, 1753a. - Promotion of graduates of Military Academy, 1914. Promotions to another branch, 1899c. Fill vacancies, 1912. Provisional appointments, 1920b. 1920b, Appendix p. 1752. Quartermaster corps, pay clerks to be appointed, 1784. - Quarters for officers, 2118-2118C. Rank, 1920c, 1922. Signal Corps, 1860. t Promotion, 1904. Transfer to another branch, 1899c. Troop of gavalry, 1718. Aviation section. detail to, 1867b. Coast Guard, 8459%a (2). Number, 8.459%b (14%). Second lieutenant 8459%a.(2). Judge advocates, advocate, 1775. - Marine Corps, 2901, 2911, 2913, 2917. First ºnants. increase in number, of engineers, detail as acting judge LOSS of numbers in lieu of sus- pension from promotion on fail- ure to pass examination, 2904a. Rank, 1922. service with, part of regular army, 1717a. Naval flying corps, elections to qualify for aeronautic duties only or for naval Service generally, 2952%g. First Lieutenants, commissions on qualifying for aeronautic duty, 2952%h. GENERAL INDEX [Page 2179]. [References are to sections, except where otherwise indicated.] LIEUTENANTS (Cont'd) Naval flying corps (Cont'd) . First Lieutenants (Cont'd) Commissions to on qualifying for regular service, 2952%i. Junior grade, commissions to on qual- ifying for regular service, 2952%i. Navy, 2470. Junior grade, promotion to grade of lieutenant, 2483a, 2483i. Number, 2474, 2483. Pay, 2814. Promotion, 2484. Rank, 2660. - . Relative rank of corps of civil en- gineers, 2672a. Retirement, 2623, 2636, 2637. Title of master changed to, 2472. Officers’ reserve corps, age limit, 1881a. Medical section of actual duty in time of peace, 1881a. Retired pay, temporary second lieu- tenant not entitled to, 18814. Temporary appointment from, 1881p. Pensions, 18814. Second lieutenants, acting second lieu- tenants for aeronautic duties, ap- pointment as acting first lieutenants on completion of probationary pe- riod, 2952%f. Acting second lieutenants for aero- nautic duties, detail to duty involv- ing actual flying, 2952%.e. º Age limit for candidates for commis- sion as, 1920aa. t Appointment of acting second lieu- tenants for aeronautic duties, 2952%d. Appointments to fill vacancies in grade of, 1920a. 1920a, Appendix p. 1751. Coast Guard, 84.59%a.(2). Field artillery, assignment for in- struction, 2016a. Marine corps, age, qualifications, 2903d, - Loss of numbers in lieu of suspen- sion from promotion on failure to pass examination, 2904a. Probationary appointments to higher grade, 2903g. - Third lieutenants, Coast Guard, 8459%a (2). Volunteer army, age limit, 2042. - LIEUTENANTS OF ENGINEERS Third lieutenants, Coast Guard, 8459%a(2). LIFE-SAVING APPARATUS ;See Life-Saving Service. . Approval of, by Board of Supervising In- gºtors and by Secretary of Treasury, 8267. Darges while carrying passengers in tow of steamers subject to laws requiring axes, life-preservers and yawls, 8268. Equipment of sea, going barges, 8179. Bloats, steam-vessels to carry, 8258. Life boats, to be carried, 8258. River-steamers, 8251. Steam passenger vessels, boats gasoline motors, 8242. Life preservers, 8258. - Barges carrying passengers in tow of vessels subject to laws requiring, 8268. Equipment of sea going barges with, 8179. With Manufacture, sale, etc., of defective life preservers, punishment, 8258. River steamers carrying passengers, 8252. Steam vessels, one for every person carried in addition to regular crew, 8236. Vessels of 15 gross tons or less, pro- pelled by gas, naptha, electricity, etc., 8187. . - Line-carrying projectiles, steam Vessels to carry, 8258. - Motor boats and vessels propelled chinery other than steam, 8281. Motor boats, means of extinguishing burning gasoline to be carried, 8283. Naval vessels, equipment of, 2780. by ma- Ocean-going tug on North Pacific, 84.59%b . (49, 50) Pumps, steam vessels to carry, 8258. Rafts, steam vessels to carry, 8258. Statutory regulations of appliances, 8258. LIFE SAVING DISTRICTS Boundaries, 8524, 8525. Serial numbers, 8524. | LIFE-SAVING SERVICE See Life-Saving Apparatus ; Surf me?!. General provisions, 8460–8547. Accounts relating to, examination of by Auditor, 420. - Aviation stations, school for instruction, 8459%a (12). - . Boats, discontinuance, 8517. Location and care of, 8516. Condemned materials, disposal of pro- ceeds of sale of, 8466, 8467. . Crews, admission to marine hospitals, 9192. Appointments with reference to fit- ness, 8523. Compensation, 8536. For drills, 8539. . . . - Drill, etc., of enrolled crew, 8539. Pacific coast, 8534. - Pensions to disabled members, 8542. Pensions to widows, etc., 8543. Residence at stations, 8535. Surfmen, on Cape Cod and Rhode IS- land Coasts, 8533. Compensation, 8533, 8535, 8538. Computation of pay, 8537. Employment, 8532, 8533. On Long Island and New Jersey coasts, 8532. Rations, commutation, 8530. Detail of Officer to Office of, 365. District superintendents, appointment, 8520, 8521, 8523. - Clerks, compensation, 8527. As disbursing officers and paymasters, bonds, powers and duties, 8522. Powers and duties, 8520. s Salaries, 8524, 8526. Fºment of naval vessels, approval, 780. General superintendent, appointment, 8460. Assistants, appointment, 8460. Salary, 8460. - Duties, 8461. - - Employment of life saving crews, Pa. - cific coast, 8534. * General powers, 8460. Investigation of shipwrecks, 8464. Report, 8461. - Salary, 8460. Transfer of apparatus, etc., 8518. Inspectors, appointment, 8523. - Investigation of shipwrecks, authority to administer oaths, 8464. With loss of life, 8464. Keep; admission to marine hospitals, 19 Appointment, 8519, 8523, 8528, 8533. Compensation, 8519, 8529. Instructions to, 8519. Pensions to disabled, 8542. Pensions to Widows, etc., 8543. Powers, 8531. - - Rations, commutation, 8530. Residence, 8531. Salaries, 8533, Medals for saving life, 8544-8547. Additional tokens of honor, 8546. - When and on whom bestowed, 8544, 8545, 8547. oºns tug on North Pacific, 8459%b , 50). - - Philippines, station constructed by insu- lar government, 3821. |Rºlations by Secretary of Treasury, Hevenue marine officers, detailed for dui- ty in, traveling expenses, 8463. As inspectors, 8462. - Stations, discontinuance, 8517. Pºlishment erection, etc., 8469– Iºn of time stations to be open, Sites for, acquisition, 8515. Examination of titles to for, 6904. Superintendents, appointment, 8519. Instructions to, 8519. Powers and duties, Transfer of apparatus on discontinu ance, 8518. | Transfer of books to from Treasur Department Library, 8468. - Transfer of books from Treasury Depart- ment Library to life-saving stations, 8468. - Volunteer crews, compensation, 8540, 8541. Duties, 8541. Medals, 8540. Regulations, 8540. - LIFE-SAVING SERVICE ACT See Life-Saving Service. : 4 Text of act, 8526, 8529, 8530, 8538, 8543. 519. - ‘ LIFE-SAVING STATIONS See Life-Saving Service. LIGHT ARTILLERY . See Field Artillery. I,IGHTERS - . . . , Employed in harbors exempt from regu-, lations relating to vessels in domestic trade, 8144. :: - LIGHTHOUSES See Lighthouse Service. }_{G}{{THOUSE SERVICE . Appropriations, available for aids to navigation on named lakes and Wa- terWays, 84.35a, 8439a. . Available for defraying expenses of Co-Operation . With . . forest service, 8435b. . . . . . . . . Available for expenditure by bureau of lighthouses, 8435. . . . - Expenditure by contract, 8429. Payment of expenses for exchange of rights of Way, 84.32a. - Transfer of vessels, etc., to Navy or War Department during national emergency, 8459a. • Buoys, color of, prescribed, 8454. General provisions, 8427-8459. Bureau of lighthouses, appropriations available for expenditure by, 8435. Employees of Light-House Board and Light-House Establishment trans- ferred to, 897. Establishment, 896. - - •. Inspectors, clerks and employees, 896. Officer - designated as acting Commis- Sioner, 900. - Sale of publications, 8459c, Appendix . 1792. sººrintendent of naval construction, Civil relief to members of, 30.78%a- 3078%ss. . Collision caused by vessels in, 896. , Commissioner of light houses, appoint- ment, 896. - . Claims for damages in Collision. CauS- ed by lighthouse vessels adjusted by, 896. - Contracts for materials, 8428. Deputy, 896. - Pºgnation of acting commissioner, 00 & Employment of draftsmen for prep- aration of plans for tenders and light vessels, 8431. . - Fstablishment of lights, and aids to navigation in named lakes and wa- terways, 84.35a, 8439a. Lighthouse districts, rearrangement, 8434. - - \ - . - Powers and duties, 896, 899. . . . Powers and duties of Light-House Board transferred to, 898. Purchase, of materials, 8428. Pºhase of sites for lighthouses 8431. . Regulations, 84.33. Reports, 896. Salary, 896. - * * Compensation for injuries to employés, 8931. - Contracts for materials, advertisement, 84.28 - Bids, 8428. - . Purchase by private contract or in open markets, 8428. Security, 8428. - - - Contracts for repair of vessels, 8430. Deputy commissioner of light-houses, ap- pointment, salaries, and duties, 896. Employés, leave of absence, 8447a, 8447b. Retirement, 8455a, Appendix p. 1792. Estimates, 6725, 6726. - Forest service, appropriations available for expenses of co-operation with, 8335b. Lease of ground for lights and beacons, 8427, 8444. - - , . . º, of absence to employés, pay, 8447a, 4 Light house board, accounts, examination . of hy. Auditor, 420, 421: ... - Accounts, settlement of, '420, 421. Additional salary to officer on board or on lighthouse service, prohibited, 8455. tº Anchorage buoys in New York and Philadelphia, harbors, maintenance 8440. JEstablishing lighthouses, etc., as aids to navigation without permission of penalty, 8439. - Expenditure of appropriations by cor tract, 8429. - - - GENERAL INDEX IPage 2180] [References are to sections, except where otherwise indicated.] LIGHTHOUSE SERVICE (Cont'd) Light house board (Cont'd) Jurisdiction extended over Mississip- pi, Ohio and Missouri Rivers, 8427. Lease of grounds for lights and bea- Cons, 8427, 8444. On Mississippi, Ohio and Missouri rivers, 8427. Lights discontinued or re-established On recommendation of, 50. Marking pier-heads on northern and north-western lakes, 8453. Members not to be interested in con- tract or in patent for construction, or illumination, or in supplies, 8457. Placing light-vessel, etc., Over" wrecks or temporary obstructions in harbors or channels, etc., 8452. Powers and duties transferred to com- missioner of light-houses, 898. Publications of, printing of, 7163. Rºlations for towage on barges by, Reports to secretary of commerce of aids to navigation which may be discontinued, 8443. Transferred to Department of Com- merce, 857, 859. Light house districts, inspectors, assign- ment to districts, 8434. Mississippi, Ohio and Missouri rivers, 8427 Number, 8434. Rearrangement, 8434. Light house inspectors, assignment of army and navy officers, 843 Assignment to districts, 8434. Chief clerks, etc., authority to admin- ister oaths of office, 3220a. Leave of absence of employes, 8447b. Mississippi River districts, 8434. Salaries, 8434. Transfer to office of superintendent fºlshthouses. 8446a, Appendix p. I.ight houses, appropriations for, how available, 6793. Arson, 10459. Assignment of superintendence of to collectors of customs, 8445. Keepers, assistants, medical relief, physical examination, 8448a. P; as to life-saving apparatus, Medical relief to, physical exami- nation on appointment, 8448a. Not to be interested in contracts, etc., 8457. Promotion to grade of District- superintendent, 8459%a (4). Rations for, commutation, 8448. 8448, Appendix p. 1792. Reimbursement for supplies fur- nished shipwrecked persons, 8449. Salaries, 8447. 8447, Appendix p. 1792. Transferred to Coast Guard, 8459%a. Vacancies, promotion of Surf-men, 8459%a.(4). - Kaife-saving stations at, 8470. Heservations for, Porto Rico, 3761. Town-site laws inapplicable, 4800. Sites for, cession of jurisdiction, 8436, 8437 3. Condemnation, 6901. Purchase, 6901, 8431. Additional land for light sta- tions and depots, 8432. Opinion as to title and consent of state legislature, 6902. Service of process issued under State authority, 8437. Substitution for light ships, 8438. Superintendents, designation of army engineers, 8446a, Appendix p. 1792. Salaries, 8446a, Appendix p. 1792. Tººrs, police powers of masters, Travel and subsistence expenses to teachers, 8435c, Appendix p. 1792. lisº a.º. hydrographic office, printing OI. •' Light money dues, amount, 7818, 7819. Collection, 7818, 7819. Cuban vessels entitled to refund, 7822. Exemptions, 7818, 7819. f Regulations, 7818, 7819. Lights, 8427–8459. Appropriations made available for, on gººd lakes and waterways, 8435a, a. LIGHTHOUSE SERVICE (Cont'd) Lights (Cont'd) On bºdies, etc., failure to maintain, Over navigable waters, 9964. Dams to maintain, 9978. Pºntinuance and re-establishment, Establishing as aids to navigation without permission of lighthouse board, penalty, 8439. Pººtern lights, 8439b, Appendix Range lights, anchoring vessels to obstruct or interfere with, 8442, 8442a. Light ships, assignment to collectors of customs of superintendence, 8445. Clothing for crews, 8449. Lighthouse board may place Over wreck or temporary obstruction in harbor, etc., 8452. Lighthouses substituted for, 8438. Reimbursement of masters for supplies furnished shipwrecked persons, 8449. Medical relief to light-keepers, 8448a. Oaths to travel accounts, etc., may be ad- ministered by, 3262a. Obstructing or interfering with aids to navigation, penalty, 8442, 8442a. omeº, retirement, . 8455a, Appendix p. 792. Service on naval courts-martial and deck courts, 2988a. Philippines, lighthouses constructed by insular government, 382 Regulations, 8433. - In time of war, 8459b. Rights of way, exchange by Secretary of Commerce, 8432a. Sºof publications, 8459c, Appendix p. 179 sº furnished from general stock, 9 Sale of condemned, 8451. Transferred to Department of Commerce, 857, 859. Traveling expenses of army and navy of- ficers detailed for service, 8456. Vessels, equipment, etc., transferred to Navy or War Department during national emergency, 8459a. Retirement of officers and employés, 8455a, Appendix p. 1792. War, sºlations for service in times of, Transfer of vessels, equipment, etc., to Navy and War Departments, 8459a. LIGHT LISTS See Lighthouse Service. LIGHT MONEY See Lighthouse (Service. LIGHTS See Lighthouse Service. Collision rules, see Collision. Appropriations for, availability for use in temporary rented quarters, 6934. Motor boats, 8279. Post-offices, allowances for, 7230. Rules for carrying, Conduit Road in Dis- trict of Columbia and Maryland, 3322a. Great Lakes, 79.12-7923. Harbors, rivers and inland waters, 7874–7886. International rules, 7836-7852. Red River of the North and rivers emptying into the Gulf of Mexico, 7944–7956. LIGHT SHIPS See Lighthouse Service. LIME Customs duties on, 5291073). Shipping unslaked lime without notice of character, penalty, 8026. . Standard barrels for, 8907f. Duty of district attorney to enforce Act, 8907k. Marking containers O. lime of less ca- pacity than barrel, 8907h. Penalty for selling unmarked barrels and containers, 8907g, 8907.j. Rules and regulations, 8907i. LIME JUICE Merchant vessels to be provided with, 8358, 8359. LIMITATION OF LIABILITY Common carriers, bills of lading, excep- tions, 8604a. Limitation of actions, 8604a. LIMITATION OF LIABILITY (Cont'd) Common carriers (Cont'd) Notice of claim not required when property damaged while being load- ed or unloaded, or damaged in trans- it by negligence, 8604a. Time for filing claim, 8604a. Time for giving notice of claim, 8604a. LIMITATION OF LIABILITY OF SHIP- OWNERS - Carriers of gold, silver, character by shipper, Charterer deemed owner, when, 8024. Error of navigation, dangers of the sea, etc., 8031. Exemption from liability for failure to equip, etc., prohibited, 8030. . General average of losses, 8022. Pºlity of OWner not to exceed interest, LOSS by fire, 8020. Ngºence. bill of lading not to exempt, etc., notice of Proportion of part owner, 8028. Remedies reserved, 8025. - Transfer of interest of owner to trustee, 8023. Vºls entitled to benefit of limitation, LIMITATIONS Apped; to circuit courts of appeals, 47. From court of claims, 1220. To Court of Customs Appeals, 1189. Decisions of auditor of Porto Rico, 3803gg, 3803h. Habeas corpus, 1292. Inspection of steam vessels, 82.14a. Interlocutory decrees relating to in- junctions and receivers, 1121, Judgment against United States, 1578. Prize causes, 1650. To supreme court, from circuit courts of appeals, 1228a, 1648. From district court, 1228a, 1649. Arrears of pay of volunteers, 2204. Civil actions, Alaska, adverse suits, 5053. Alaska miners’ liens, 5062. Annulment of land patents, 5114. Appearance of defendant, after de- fault judgment, 1039. Bankruptcy, bonds of referees and trustees in bankruptcy, 9634. Trustees, 9595. Bonds of contractors for public build- ings or works, 6923. t Marshal, 1310. Postmasters, 7197. Referees in bankruptcy, 9634. Sureties, 3292. - Trustees in bankruptcy, 9634. Cancellation patents erroneously is- sued under railroad or wagon road grants, 4901. Carrier’s liability, damages, filing claim with Interstate Commerce Commission. Within tWO years, 8584. Injuries to employees, 8662. Conspiracy, neglect to prevent under civil rights law, 3934. Damages for violation of Anti-trust Act, suspension during criminal prosecution, 8835e. Deposits by receivers, repayment, 4490. Discovery of agreements to pay pre- mium, etc., to purchasers of public land, 4783. False claims by persons not in mili- tary or naval service, 6415. Indian allotments in severalty, 4216. Internal revenue, recovery of taxes, 5950. Interstate Commerce Commission or— ders, enforcement, 8584. National Banks, indebtedness, 9764. Loans, 9761. Suits for taking usurious inter- est, 9759. Salvage, 7993. Taxes wrongfully collected, recovery, 5950. United States, actions against, 991(20). Claims against United States, 1147. , No jurisdiction of barred claims, 1136a. Property lost in military and naval service, 6392–6395, 6402-6404. Refunding internal-revenue taxes, 5951. Claims, death or disability under War Risk Insurance Act, 514SSSS. GENERAL INDEX LIMITATIONS (Cont'd) Claims (Cont'd) To effects of deceased persons in naval service, 2980a, Reimbursement of officers and enlist- ed men of navy, etc., for effects lost, destroyed or damaged by opera- tions of War, 2869a. Computation, periods excluded, 1711, 1713, 3078%e, 31.15%dd. Contempt proceedings, 1245e. Criminal prosecutions, 1707–1713. Anti-trust Act, suspension during pendency of civil proceedings, 8835e. Army offenses, punishable by Court- martial, 2308a, art. 39. Bankruptcy offenses, 96.13. Capital offense, willful murder ex- cepted, 1707. Copyright offenses, 9560. Fugitives from justice, 1709. Internal revenue laws, 1711. Naturalization Act, 4380. Naval offenses, 3032, 3033. Offenses not capital, except, etc., 1708. Repeal of criminal laws, effect, 10518. Revenue Laws, 1710. Seduction of passenger 10454. Slave-trade laws, 1710. Treason, 1707. Deposits, Federal reserve bank member with non-member banks, 9801(2)c. on vessel, Discounts by Federal reserve banks, 9796(2–7). Federal reserve bank stock held by pub- lic, 97.86(9). Forfeitures, 1712, 1713. Merchant seamen shipping laws, 8390. Liens of decrees and judgment, 1608. Penalties, 1712, 1713. Anti-trust acts, 8835e. Merchant seaman shipping laws, 8390. Postmaster’s claims for losses by bur- glary, fire, etc., 7211. 72.11a, Appendix p. 1785. Pre-emption claims for coal lands, 4661. Redemption from tax sales by persons in military service, 3078%pp. Review of accounts audited at places other than seat of government, 420a (b). Sale of homestead by guardians, 4543. Soldiers and sailors, 3078%a-3078%.SS. Statutes of, repeal in Revised Statutes, saving clause, 10596. Suspension, contracts with enemy or ally of enemy, 31.15%dd (c). Town-site maps, filing transcript, 4788. United States Shipping Board order, ac- tion to enforce, 81460. Writ of error, capital cases, 1703. Criminal cases on behalf of United States, 1704. Supreme court, 1214–1227. From circuit courts of appeals, 164 From district court, 1649. LIMITED LIABILITY ACT See Limitation of Liability of Ship- O'MU)??,627°S. Text of act, 8020-8027. LINCOIL.N FARM ASSOCIATION Acceptance by United States of deed to Abrahaml Lincoln National Park or reservation, 5249n. LIN COILN IPAREQ - See Albraham Lincoln, National Park, Or Reservation. - LINE OFFICERS OF MARINE CORPS Number, 2911b. Qualification for reappointment of staff officers to line, 2907f. - Reappointment from staff, 2907a. LINE OFFICERS IN NAVY Assignment to engineering duty, not re- quired to perform other Services, ad- Vancements, 2482d. Commissioned officers, distribution, 2483a. Detail for naval flying corps, 2952%b. Engineers, assignment of certain officers to engineering duty, 2482a. Grades, 2470. Mode of, determining authorized number of, 2483f. Promotion to grades of commander, çaptain and rear admiral, 26.97a, , 26.97d, 2697e. - National Naval volunteers, commission to, 3078b(6). Naval militia, assignment to particular duties, 3078a(6). [Page 21811 LINE OFFICERS IN NAVY (Cont'd) Naval reserve force, appointment for deck or engineering duties, 2900%a(5). Number, 2474-2478. Number of commissioned officers, 2483a. Rank, from date of commissions, 2661. Relative rank with army, 2660. Transfers to grade of assistant naval con- Structor, 2551a. - LINOTYPE OPERATORS Government printing office, pay for Sun- day, 7001. LINTERS See Cotton. LIQUIDATION - War Finance" Corporation, 31.15%hh. LIQUOR DEALERS See Distilled Spirits and Wines ; Fer- 717.6%ted Liquors. LIQUORS See Distilled Spirits and Wines ; Fer- ºne?ted Liquors ; Intoaxicating Liq- 2007"S. Internal Revenue taa!, Spirits and TWines. Adulterated or misbranded, Condemnation, 8726. - Stamping and branding, see Distilled seizure and Imported, 5650- 5652. Official acts of Interstate Commerce Com- mission to be entered of record, 8586. LISTS . Allier, passengers, see I’m migration. Annual List of Merchant Vessels of the United States, number of copies, dis- tribution, 7084. Cº. employed by customs officers, Crew of vessels to be delivered before clearance, 8364. Entry by consular officers, on dis- Charge of seamen on offense, 8382. Enemy or ally of enemy officers, direc- tors Or Stockholders of corporations, 31.15%d (a). - Fºned with deposits by receivers, Imports and importations, 5523. Manufacturers in bonded manufacturing warehouse furnished to Secretary of Treasury, 5672. Manufacturing plants capable of manu- facturing arms or ammunition, Secre- tary of War to make, 3115h. Merchants vessels, notation of rebuild- ing of wooden vessel, 7788. Naval crew, 2980(2). Officers, etc., for Official Register, prep- aration and filing, 7092. Passengers, alien, 4289%g. Delivery to customs officers, 8006, 8010. Grouping of names, 4289%gg. Verification, 4289%gg. Property seized under customs laws, 5777. Propº. subject to internal revenue tax, 589 - Penalty for failure to make, 5899. Verification, 5896. Seamen, vessels, etc., duties of consular officers, 3161, 2. Stockholders of national banks, 9773. Unclaimed letters, posting, 7413, 7415. Vessels of United States, Commissioner of Navigation to prepare and pub- lish, 893. - Official register not to contain, 7128. Preparation and filing, 7092. LETERARY COLLECTIONS - Governmental, use for research, 9382. LITERARY SOCIETIES Publications of as second class mail matter, 7309. LITERARY TEST Aliens, 4289% b. IITHOGRAPHER, Coast and Geodetic Survey, 8561a. - LHTHOGRAPHING Patent Office to be under direction of Commissioner of Patents, 7094. sºped envelopes prohibited, 7389, 7390, LIVE-OAK TIMBER Clearance of vessels laden with, restrict- ed, 4982, 7796. Land,º Cutting or destroying, etc., on, salaries, Land and naval forces may be used to protect, 4979. - [References are to sections, except where otherwise indicated.] LIVE-OAK TIMBER (Cont'd) Land for (Cont'd) ‘Selection for Navy, 4977, 4978. Vessel carrying, forfeited, 4981. LIVE STOCK *7 See 4?vimals and Animal Industry; Cattle ; Meat Inspection. Common carrier, bills of lading, nary live stock defined, 8604a. Military prison at Fort Leavenworth, exchange of, 10562a, Appendix p. 1800. United States Penitentiary at Atlanta, 10563b, Appendix p. 1800. º, stock CONTAGIOUS DISEASES See Animals and Animal Industry. Text of act, 8698-8705, 10230. LIVE STOCK TRANSPORTATION ACT See Transportation. Text of act, 8651–8654. I.OADERS - See Chief Loaders. |LOAN ASSOCIATIONS See Building and Loan Associations. LOANS - See Federal Farm Loans ; Banks. - Federal reserve bank member, etc., to bank examiner forbidden, 9833. Federal reserve banks, gold coin and bullion, 9797 (2a). Films by Secretary of Agriculture, 832c. Housing for war-industry employés, 31.15%a. - Shipyard employés, 8146t. Natiº banks, farm land as Security, 9763. º Interest, 9758, 9759. Limitation, 9761, 9792. On personal security, 9661. Proportion to reserve, 9746. Security of own capital stock forbid- den, 9762 - TJnited States notes Inot to be held as collateral, 9769. - Paymasters of navy forbidden to make, Public expenditures, 6824, 6829d. - Unauthorized loans of postal funds, 10395. IOCAL INFLUENCE Removal of causes, 1010. LOCAL INSPECTORS See Stegºrn, Wessels. I, OCAL, ILAWS Philippines, subject and title, 3810. State laws as rules of decisions, 1538. LOCAL PRACTICE Conformity to state practice, 1537. LOCK BOXES See IMC/il BOaxes. LOC KS See Daºn S. Customs, forfeiture of vessel, package, etc., from which removed, 58.18. Merchandise transported in bonds, re- moval, etc., of lock, 5701. Opening, etc., attached to imports, 5817. - Secured by inspector of customs on board vessel; liability for breaking, etc., 5773. LocoMotive BoILER ACTs See Boilers. - Text of act, 8630-86396. LocoMotiv Es Boilers, inspection and tests, etc., 8631- 639 ordi- National Brakes, automatic couplers, grab irons and drawbars, 8605–8613. Power brakes, 8605, 8610, 8614, 8620. Safety ash pan, 8624-8629. LODAGE ACT See Consular Officers ; Philippines. Consular Reorganization, 3138, 3140-3142, 3151, 3152, 3185-3188. Philippine Organic Act, 345, 1225a, 3804, 3808, 3821, 3823–3883, 3885-3892, 3905, 6531. . LOIDGES - Exemption from internal revenue tax on club dues or fees, 6309%b. LODGING HOUSE Duties of owner, etc., as to census, 4409, LOGAN ACT - |See Foreign Relations. | Foreign Relations, 10169. GENERAL INDEX [Page 21821 IReferences are to sections, except where otherwise H_O63-EO OFKS - Entries in, 8036. * By consular officer on seamen for offense, 8382. Deceased seamen, 8327, 8328. Examination of provisions, 8354. . . Manner and time of making, 8037. Offenses in, 8381. - - . Ormitting to make, 8038. Navy, punishments by order of command- ers to be entered in, 2985(7). - Production in évidence, 8344. . Suit for seamen's wages, 8336. Production on payment of seamen’s wages, 339. LOGGING CARS Exemption from safety appliance act, 8610. LOGGING ROADS Condemnation for military, es, 6911aa, Appendix p. 1784. LOGS See Timber. LONGEVITY PAY AGT See Pay of Navy. Text of act, 2616. LONG ISLAND . Privileges of coasting vessels trading tween, and Rhode Island, 8110. Sound, depositing refuse in certain por- tions prohibited, penalty, 9933. LOST INSTRUMENTS - Agricultural college landscrip, reissued, 4872 - etc., purpos- be- Bankruptcy proceedings, proof of claims, 9641 * Checks, duplicates for, 6645, 6646. Favor of postmasters, duplicates of, y-y {& . & Settlement for, by accounting officers, 468. Discharge from army, 4852. Land warrants, duplicates, 4853, 4854. National bank notes redemption, 97.55. Order bills of lading, courts may order delivery of goods on, persons without notice not affected, 8604gg. United States bonds, duplicates, 6817-6820. LOST MEDALS - - Duplicates, saving of life on railroads, 649 8649. Honor, 2714. LOST PROPERTY ACT WSee Military and Naval Service. Military Service, 6403. I, OST RANK . Army, 1899, 1899a. Advancement 1899a. LOST RECORDS ... . Courts, how supplied, 1513–1518. LOST VESSELS Navy, pay of crews, 2863–2869. LOTTERIES - Alaska, legislature not to authorize, Hawaii, prohibited in, 3697. Importation of tickets, etc., prohibited, 5299 - . upon re-examination, 3536. Lottery tickets in tobacco packages for- bidden, 6204. - Matters relating to excluded from mails, 7330, 10383. Money-orders for, when may be refused payment, 7573. - - Postmaster, etc., acting as lottery agent, 10384. Registered letters to, return, 7411. Return of mail addressed to, 7411, 7412. Search and seizure when unlawfully im– ported, 5301. Transportation of lottery tickets, etc., 7. LOUISIANA Certificates of location of private land claims, 5105. Clearance from ports in of vessels laden With live-oak timber, 4982. Deputy district clerks, 1069. Deputy-surveyors, penalties, 4468. District attorney, western district, 1356. District clerks, 1069. District court terms, 1069. Judicial districts, 1069. Live-oak and red-cedar timber, clearance of vessels laden with, 4982. Marshal, eastern district, salary, 1446. - Western district, 1356. - Navigable rivers in former territory of, to remain public highways, 9846. discharge f Of H,0UHSIANA (Cont'd) , , . Public lands, appropriations and deposits § surveys applicable to resurveys, 4815. Penalty on deputy surveyor for, in not complying with contract, 4468. - ºr Surveyor-general, transcript from records of, 4458, 4459. LOUISVILLE AND PORTLAND CANAL Expenses how paid, 9859. Tolls not to be charged, 9859. Tolls to be reduced, 9858. United States to assume control of, 9858. LOYAL CRITIZENS * * Loyal States, assignments of disloyal Con- tractors to, recognized, 6387. LOYALTY - Burden of proof and evidence in Court of Claims, 1152. Jurisdictional fact in certain cases in Court of Claims, 1175. # Necessity of proof of loyalty in application for bounty lands, 6388. Petition in Court of Claims, 1150. I,UBRICATING OHH.S Transportation of steam sels, 8242. LUMBER, See Tiºn,ber. Clearance of vessels laden with live oak timber restricted in certain districts, 7796. Imported, bonded warehouse for, 5642. Live-oak and red-cedar lands, 4977-4982. Public lands, 4977–4996. © LUNATRICS See Insane Persons. Idiot, non compos, lunatic and insane per- son included in term, 1. EYCIEUMS passenger Ves- See Lecture, Lycé'W'm S. McCREARY ACT See China-Chinese. Chinese. Exclusion, 4320, 4324. MCCUMIBER ACT See Pension, S. Pensions, 8964–8966. MACE - - Symbol of office of sergeant-at-arms at House of Representatives, 99. MACERATION United States notes, 6560. MACHINE GUN COMPANIES Infantry and cavalry, 2044a. | MACHINERY Distilleries upon forfeiture to be sold at auction, 6352. Government printing office, purchase of, 72 Tests of iron and steel, 3109, 3110. MACHINISTS Fleet naval 2900%b (8). . Navy, appointment, 2556. Chief, promotion, pay, 2708a. Examinations, 2556. Number, 2556a. 2556a, Appendix p. 1763. Pay, 2557. Promotion, 2709-2712. Rank, 2557. - Retirement, 2557. Title, 2558. reserve, commissions as, MACHIEREL FHSHERY Agreement for shares with fishermen, 8147. Discharge of vessel on bond, 8150. Penalty for violation by fishermen, 81.48. Recovery of shares under, 8149. Vessels engaged in, catching other fish, etc., 8.132. Licensé, form, 8069. MACRINAW ISLAND National park, use of proceeds of sale of military reservation lands, 5005. McKINI, EY ACT See Internal Reven we and cross-refer- ences therewºnder. | Tariff, 5960, 6111, 6112, 61.14, 6115–6118, 6.165, 6170, 6174, 61.77, 6188, 6.190, 6197, 6199, 6202, 6339. - McNEILS ISLAND United States Penitentiary, estimates for, MADAGASCAR Judicial authority of ministers and con- Suls of United States in, 7633-7665. - indicated.] "MAGAZINES ". See Periodicals ; Postage. - Acquisition of sites, etc. (Const. art. 1, § 8, c1. 17). - Congress, purchase and power over sites for (Const. art. 1, § 8, cl. 17). Discharging of fire arms, 31.15%i. Investigation of explosions and fires, 31.15%jj. - Reepers’ duties to be performed by gun- ners, 2569. Punishment for offenses committed in, 10445–10462. -. States’ assent to purchase of lands for, 3424 (Const. art. 1, § 8, cl. 17). . MAGISTRATES - . Arrest and bail, fugitives in Philippine IS- lands, 1675. - Offenders against United States, 1675. Power to hold to security for peace and good behavior, 1247. MAIL BAGS See Postal Supplies. MAIL BOXES - Injuring or destroying, 10368. Post-offices, establishment, 7276. Lock boxes, 7602. Rent, payable before box can be as- signed, 7352. - Rent to be accounted for as postal revenue, 7600. Receiving boxes, buildings, chutes as part of, 7277. Collection from, 7276. Establishment, 7276. Expenses, how limited, 7282. Street car boxes, 7262. Stealing mail matter from, 10368. MAIL CARRIERS See Rºtºral Free Delivery Service, General provisions, 7272-7282. Appointment, 7235. | Assault on, 10368. Bonds, 7278. Renewals, 7196. City delivery service, classification, com. pensation, grades, promotions, etc., 7236, 7237 7236aa, Appendix p. 1785. Collection duty, no distinction in sal- ary to be made between carriers assigned to collection duty or de- livery duty, 7236b. Restoration of carriers assigned to collection duty who have been reduced, 7236c. Delivery duty, no distinction in salary between carriers assigned to collec- tion duty or delivery duty, 7236b. Delivery of mail by, at what places authorized, 7272. Consolidation of post-offices, 7273. Experimental delivery in towns and villages, 7274. Extra postage or carrier's fees not to be charged, 7281. - Pºpline. reduction to lower grades, First class post office, compensatory time for services required on holidays, 7239a. | Exceeding number appropriated for for particular grades, 7236a, Appendix p. 1785. Pay ºbstitutes. 7245a, Appendix J.'(& p. 1'(86. - Hours of labor, Sunday work, etc., 7238, 7239. - . . Leaves of absence, 7243, 7244. Overtime, and compensation therefor, 7238, 7239. . Pay of substitutes for employés ab- sent with pay, 7249a, 7249b. Promotion, 7236aa, Appendix p. 1785. Salaries, 7236aa, Appendix p. 1785. Collection duty, restoration of carriers who may have been re- duced, 7236c. No distinction in salary between carriers assigned to collection duty and to delivery duty, 7236b. Increase, 7509b, Appendix p. 1787. Second class post office, compensatory time for services required on holidays, 7239a. Fºxceeding number appropriated, for for particular grades, 7236a, Appendix p. 1785. Pay of substitutes, 7245a, Appen- . dix p. 1786. • ‘ī; GENERAL INDEx [Page 2183] [References are to sections, except where otherwise Y'AIL CARRIERS (Cont'd) City delivery service (Cont'd) Substitutes, appointment or employ- ment and compensation, 7235, 7243, 7245, 7247, 7248. Agºntinents to regular positions, 7249. Transfer, 7236. Compensation, accounts, 7282, 7598. Employment at higher rate, under un- usual conditions, 7255. Estimates of appropriations, 6709. Expenses for, how limited, 7282. Marine, Detroit River Postal Service, sal- ary, 7236d. oºl register, names not to appear in, 7,128. Payment to legal representatives when killed on duty, 7246b. Pension mail not to be delivered to pro- hibited persons, 9108. Prepaid mail to be received by, 7471. Routes of, to be post-routes, 7456. - Rural free delivery service, 7294-7301. Special delivery messengers, deemed car- riers, 7291. . . Emplºyent and compensation, 7286, Allowance for car fare, 7292. Offenses, 7291. Persons making immediate delivery deemed employés of postal service, 7290. Uniforms, 7275. Wearing carriers’ authority, 10357. MAIL CLERIKS Naval, see Navy. MAILS See Envelopes ; Foreign, Mail Service ; Mail Boazes ; Mail Carriers ; Parcels Post ; Postage ; Postal Crimes and Offenses; Postal Service ; Postmas- ter-General ; Postmasters ; Post-Of- fice Department; Post-Offices ; Rail- way Mail Service ; Registered Mail : Rural Free Delivery Service ; Rural Post Roads ; Special Delivery. Navy mail clerks, see Navy. Aeroplanes and automobiles received from Secretary of War, 7430b, Appendix p. ig mail service, 7430a. 7430a, Appendix p. 1786. Arrival and departure, railroads to main- tain regular schedules, 7501. . Reports of, disposal of as waste paper, Schedule to be furnished to postmas- ters at termination of routes, to be posted in offices, 7201. Carriers, 7235–7240, 7272–7275. Carrying, 7456-7477. - Accounts relating to, auditor’s exam- ination, 420. - To show expenditures for, 7598. Badges for route agents and messen- Aeroplanes for experimental aeroplane gers, 7251. Canals, 7460. . Cost, Postmaster-General to obtain data and report concerning, 606. To court-house of every county, 7459. Estimates for appropriations, 6709. Foreign mail service, 7524-7546. Freight transportation of second class matter, 7502a. - Illegally carried matter, detention, 7473–7475. Mail service of house of representa- tives, 114. Messenger service, postmaster, etc., of third and fourth class eligible, 7506a. Motor Wagons, 7431a, Appendix p. 1787. Official matter, by railroad or ex- press, 7479. tº seizure and Out of mail, foreign letters not to be carried, 7472. Letters in unstamped envelopes, 7476. - Masters of vessels, to deliver to post office, 10370, 10373. Newspapers, by contractors mail carriers, 7339. - Plank-roads, 7461. Priellmatic tubes, advertisement for bids, - Post-roads, 7456, 7457. Change of terminus, 7466. Designation, 7465. Discontinuing service on, 7467. Or uniform without MAILS (Cont'd) Carrying (Cont'd) • . Prepaid letters to be received by per- Sons carrying mail, 7471. Railroads, see Railway Mail Service. sºatins letter mail for expedition, Star routes served entirely by rural free delivery service, 7455b, Appen- dix p. 1787. - Vessels, American steamships, 7530– 7538, 7709. - - Compelling to carry, repeal of laws, 7469. . Deposit in post office of matter carried out of mail, 10370, 10373. Compensation, 10370. Not in mail service, 7367, 7470. Steamships or sailing vessels, 7526. Between United States and foreign countries, 7525-7539. Waters of the United States, 7462. Censorship, 31.15%b(d). - Appendix p. 1788. 7331. 7470, Foreign mails, 7546a, Circulars, unsealed, 7316, - Classification of mail matter, 7302-7344. Collection by receiving boxes, 7276, 7277. By street car boxes, contracts, 7262. Contracts for carrying, 7424–7455. Advertisement of general mail letting, 4 Letting for Maryland, Virginia and District of Columbia, 7183. JRailway routes without advertis- ing, 7478. - JRe-advertising, 7438. Temporary mail letting, Assignment prohibited, 7451. Bids, award to lowest bidder, 7436. Bond of bidder, approval of Sure- ties, 7433. Conditions, 7433. False oath of surety, perjury, 7425. Justification of sureties, 7433. Liability, liquidated damages, 7433. By contractor failing to perform previous contract, 7436 Oath of bidder, 7433. Opening, 7432. . By postmaster, etc., or clerk in post-office, 7216. Recording and preserving, 7435. Sealed proposals, 7432. Withdrawal, 7432. - Bond of bidder, 7433, 7434. Bond of contractor, 7.455. Liability, 7452. On sub-letting or transfer, 7452. Liberty loan in lieu of other bonds, 7193a, Appendix p. 1785. New sureties, 7440. - Canals, 7460. Change of terms, 7442. Notice of intention, 7443. Clerks in post-offices not to be con- tractors, 7216. {- r Combination to prevent bids, 7437, 7437a. . Copies to be delivered to auditor, 593. Credits to contractors on suits by United States, 1589. -- Discontinuance, stipulations for, 7529. Disposal of unaccepted bids, 7435. Electric and cable cars, 7431a. 7431a, 7431aa, Appendix. p. 1787. Extension of mail route, 7449. Failure of bidder to enter into Con- tract proceedings, 7438, 7439. Failure of contractor to perform, at- tachment of property, 1553. Liability, proceedings, 7426, 7438. Temporary services, 7439. New contract, 7438. Temporary service, 7426. Fines of contractors, 7450. Foreign mail contractors for de- lay, 7528. - Foreign mail service, 7524-7546. Limit of time, 7454. Lien on part of contract, 74.55. Limit of time, 7441. - Water-routes, 7454. Oath of bidder, 7433. Official Register, contracts and allow- ances to contractors not to appear in, 7128. Opening bids, 7432. Pay, additional service, 7445. Allowance for additional tion, 7447, 7448. Deductions, 7450. expedi- indicated.] MAILS (Cont'd) - Contracts for carrying (Cont'd) Pay (Cont'd) Lien upon by persons aiding in mail transportation, 74.55a. Readjustment, Star route and Screen Wagons, weight in- creased by parcels post, 7446. Star route, screen wagon, and other vehicle service, 7446a, Appendix p. 1787. Urban, etc., railways, determina- tion by Interstate Commerce ºmission, 7431aa, Appendix p. Withholding compensation, 7.455. Payment not to be made before exe- cution of contract, 7444. Plank-roads, 7461. Pneumatic tubes, 7428, 7429. Postmasters, etc., of third and fourth glass may enter for messenger serv- ices, 7506a. Postmasters not to be contractors, 7216. To report delinquencies, 7215. Post-routes extending liné of posts, Railway companies, tisement, 7427. Rºy routes, by horse-express, etc., Without adver- Re-advertising, 7438. Reports, printing of, upon recommen- dation, 7076. - Routes not established, 7468. Signature, 584, 584a. Steamboats, between ports of United States, 7430. Inland and foreign service, 7431. Subletting at less than amount of #ract. Cancellation of contract, Or transfer, consent of Postmas- ter-General, 7452. Liability on bonds, 7452. Settlements and payments, 7453. Temporary contracts, 7438. Service on failure of contractor, 7425. Through foreign countries points in United States, ment, revocation, 7524. Vessels, American steamships. 7531, 7539a, 7709. - Inland and foreign service, 7431. Between ports of United States, 7430, 7463. - Between United States and foreign countries, 7525-7539a. Water-routes, 7430, 7454. Carriage of mails as freight or eXpress, 7454a, Appendix p. 1787. Dead letters, 7418, 7419. Accounts, 7598. Advertisement of unclaime 7413-7447. ! . Cºning valuables, disposition of, Estimates. 6709. Foreign, 590. - - Forwarding to dead letter office, 7421. Letters, etc., addressed to fictitious names dr addresses, 7341. ; : Proceeds of valuable letters, 7420. Regulations as to, 7418. . Returned to writers, 7418, 7421. Unclaimed money in to be postal rev- enue, 75.99. .. Delivery by carriers, 7272-7274. Notice of refusal to take newspaper or periodical, 7338. * Second. third, or fourth Class mat- . - ter, 7348-7350. Payment of postage required, 7351. Pension mail not to be delivered to prohibited persons, 9108. Persons claiming mail under fictitious name or address, identification, 7341, 7343. - Not residents of place of address, identification, 7343. Unclaimed money in, to be postal rev- enue, 7599. Unpaid letters, 7419. Fictitious name or address, identification of persons, 7341. First class matter, 7303. Limit of weight same as applicable to fourth-class mail, 7303a. Postage, 7353, 7354, 7354a. Foreign letters not to be carried except in mails, 7472. Foreign mail service, general provisions, between advertise. 7530, letters, 7524-7546. - GENERAL INDEX [Page 2184] [References are to sections, except where otherwise indicated.] MAHLS (Cont'd) - - Forwarding, from one office to another, letters prepaid, 7422. To Branch post-offices, letters not to be sent contrary to request of addressee, 7279. Mail partly paid, 7346, 7347, 7419. Fourth class matter, 7330. Examination, 7328. Marks on and enclosures in, 7332, 7333. Addresses on unsealed circulars, 7331. Nonmailable matter, 7319, 7328, 7330. Notice of non-delivery, 7349. & Not to be returned or remailed until fully prepaid, 7348, 7349. Parcels post, 7319-7327, 7446. Postage, 7328. Prepayment stamps, 7364. Size of parcels, 7319. Time for delivery of parcels, 7325a. Weight of parcels, 7319, 7330. . . . Free delivery, at what places authorized, - 7272. - Consolidation of post-offices, 7273. Estimates... for appropriations, 6712. Ex nenses of assistant Superintendents, without affixing 573. - Experimental in towns and Villages, 7274. Hire of equipages, contracts for, 7262. Special delivery, 7284-7293. Supplies, contracts, 7283. Free transmission, correspondence bulle- tins, etc., for furtherance of co-opera- ti, e ag, icultural work between agricul- tural colleges and Department of Agri- culture, 7380a. s e Importation of articles in violation of copyright laws, regulations to prevent, 9554 Letters, in stamped envelopes, carrying out of mail, 7476. - Prepaid, route-agents, postal clerks, and carriers to receive, 7471. Separated from other mail for expe- dition, 7477. - tº Mail matter, general provisions, 7302– 7344. . Making up mail, time allowed before de- parture, 7200. & - Metric balances for weighing mail matter, Money order system, 7553-7579. Money stolen from mail, delivery to OWn- er, 7607 Newspapers, delivery by route agents, 7340. - Notice of refusal to take, 7338. Not to be conveyed unless dry and wrapped, 7337. * - Weighing in bulk, 7357. Wrappers, 7337. - Nonmailable matter, concerning lotteries, etc., 10383. Return of letters addressed to lot- teries, etc., 7411, 7412. Containing insect pests, etº, except for Scientific purposes, 8749. Containing poisons, explosives, etc., 10387. Falsely stamped articles made of gold or silver, 8805-88.11. Fourth class, 7330. - - - Disposition at office of destination, 7328 - * Letters, 10401b. e Letters, etc., in violation of Espion- age Act, 104018. Libelous, indecent, etc., matter on en- velopes or wrappers, 10382. Obscene, etc., publications, etc., 10381. Sent or received ishment, 5300. - Print, newspaper or publigation foreign language, when, 31.15%j. Prize fight films, etc., depositing, or receiving, punishment, 10416-10418. Relating to spurious money, etc., 7342. Using for seditious or disloyal pur- poses, 10401d. º Using or attempting to use mails for transmission of, 10401c. Obstruction, 8563(9). Opening by person other than addressee or employé of dead-letter office prohib- ited, 7342. Opening letters, etc., in violation of Es- pionage Act, 10401a. Parcels post system, 7319-7327, 7446. Tay of army, transmitted by, 2200. etc., advocating treason, articles, by officers, pun- in MAILS (Cont'd) Postage, general provisions, 7345-7385, Stamps, 7386–7404. Postal cards, 7303, 7393. Addresses on, 7331. Double, 7396. International, 7394. Private mailing cards, 7355. Post routes, extending line of posts to of. fices not on route, compensation, 7464. Railway mail service, 7478–7523. Receiving boxes, 7262, 7276, 7277. Registered mail, 7405-7412. Request for forwarding letters, to another post office, 7422. - For return of uncalled for letters to Writer, 7421. Return to senders, under Espionage Act, 104010. Rural free delivery service, 7294-7301. Searches for matter illegally carried, cars, Vehicles, etc., 7552. Return to Sender, of letter seized, 7344. Vessels, 7473–7475. Second class matter, 7304. Advertisements attached to periodicals, cštions admitting publications, 7306. - Examination, 7305. Fºn periodicals and newspapers, Marks on and enclosures in, 7332. Not deliverable at address thereon, no- tice to publisher, 7350. - Not to be returned or remailed until fully prepaid, 7348. - Periodical publications of benevolent, pºssional, etc., Societies, etc., sº © departments of agriculture, Postage, 7356–7361. - Pºyment Without affixed stamps, ( 50%. Privileges annulled only after hearing, 7312 Requºnent of affidavit of publisher, 73.11. Sworn Statements of names, etc., of editors, OWners, etc., of news- papers and periodicals, 7313. Sending by freight, restrictions, 7502. Supplements to regular issues, 7308. Transportation by freight, 7502a. Weighing newspapers and periodicals in bulk, 7357. Seizure and detention, matter illegally carried, 7473–7475. Sending, etc., into States letters, etc., course of, 31.15%b (c). Special delivery service, 7284-7293. Stamps and stamped envelopes, 7386-7404. Precancelled Stamps, 7403a. Terminal railway post Offices, power to lease, 7504a. - Third class matter, 73.15. Circular defined, 73.16. Foreign publications, 73.15. Letters written by the blind, 7318. *: On and enclosures in, 7332, Notice of non-delivery, 7348, 7349. Not to be returned or remailed until fully prepaid, 7348, 7349. Postage, 73.15. Prepayment Stamps, 7364. Printed matter defined, 7317. - Threats against President sent through, 102.00a. - Transfer in connection with ocean mail service, 7539, 7540. Railroad and steamboat service, 7506. Treasury Department, packages of money and securities may be mailed Without stamps affixed, 7364. - Unclaimed letters advertising, 7413-7417. Printed matter, disposition, 7423. Forwarding to dead-letter office, etc., 7418. Return to Writer, 7418, 7421. |Unpaid, disposition, 7419. Use of for advertisements, etc., of in- toxicating liquors intended for pro- hibition states, etc., designation of states having prohibition, 10387c. Prohibition against, 10387a. Punishment, 10387b. - Time of taking effect of act relating to, 10387d. and from United except in regular without affixing postal cards and envelopes, | MAHLS (Cont'd) Use of for seditious or disloyal acts, etc., 10401d. Venire facias, service by mail, 1256. Wººing mails, railroad routes, 7489– Weight limit of packages, 7329. Clothing sent to soldiers, 7365. First class matter, 7303a. Fourth class matter, 7319, 7330. Matter admitted to mail under penal- ty privilege restricted, 7382a. Parcels post, 7319. Readjustment, 7323. Reading matter for blind, 7384. Wrappers, matter not charged with first- Class postage, 7335. Newspapers, 7337. Rºyal to ascertain rate of postage, MAIMING Punishment, 10456. Persons in military service, 2308a, art. 93. - |MAINE Change of venue, 1070g. Continuance of court proceedings, 1070g. Deputy clerk, 1070b. District attorneys, number, 1070d. District clerk, 1070b, 1070d. - District court, terms, 1070, 1070a. Divisions of district court, 1070c-1070h. Ex parte proceedings, orders, etc., in ei- ther division, 1070f. - Judicial districts, 1070, 1070c-1070h. Marshal, 1070b, 1070d. Field deputy, 1070 b. - United States commissioners, 1070d. MAJOR GENERAL COMMANDANTS Marine Corps, 2913. Appointment, .2915a. Certificate of service, 3078%r. MAJOR-GENERALS Aids, 1757. Pay, 2089. - • Appointment, line of army, 1717b. Chiefs of staff corps, etc., 1917bbb, Appendix p. 1746. Assistant Surgeon General, 1806a, Appen- dix p. 1747. - Detail for chief of staff, 1762a. Head of medical department, temporary rank, 1899f. s Line of army, appointment, 1717b. Mºşal Department, 1806b, Appendix p. 1747. Number, 1717, 1717b. Pay, 2089, 2090. - Quarters for officers, 2118–2118C. MAJORS - Age limit, officers’ reserve corps, 1881a. Army, promotion to another branch, 1899c. Transfer to another branch, 1899c. Cavalry regiment, 1718. Coast artillery corps, 1731, 1731a. Corps of engineers, 1840, 1841, 1842a. Dental corps, 1833a. Detached duty, for service with national guard, part of regular army, 1717a. Limitation, 1999c. Detail to ordnance department, 1906a. Examinations, character of, 1897a. Field artillery, 1736a. General Staff Corps, 1762a. Infantry regiment, 1738, 1738a. Porto Rico, 1753a. Judge advocate general’s department, re- tirement “upon failure to pass physical, examination for promotion, 1775b. Marine Corps, 2901, 2911, 2913, 2917. 2901a, Appendix p. 1767. Advancement, examinations, 2924a. Increase in number, 29.18b. Loss of numbers in lieu of suspension from promotion on failure to pass examination, 2904a. Medical corps, 1807, 1808. Promotion, 1810, 1811. Metropolitan police of District of Colum- bia, duties, 9334, 9335. - National guard, detached for service with, part of regular army, 1717a. Officers’ reserve corps, age limit, 1881a. Ordnance Department, 1848. Detail to, 1906a. - Pay, 2089, 2090, 2112. Philippine scouts, 1741. Quartermaster Corps, 1779. Quartermaster’s Department, Quarters for officers, 2118-2118C. Signal Corps, 1860, 1863. 1786. GENERAL INDEX [Page 21851 [References are to sections, except where otherwise MAJORS (Cont'd) United States disciplinary barracks guard, extra duty pay, 2161a. - Volunteer army, age limit, 2042. MALEEASANCE See Crimes and Offenses. Consular officers, penalty, 3.194. Officers authorized or required to perform duties under laws relating to domestic commerce, 8129. MHALHCIOUS MISCHIEF Destruction of property by 2308a, art. 89. MARLIGIOUS PROSECUTION Dismissal of suit by poor person, 1629. Search warrants, 10496%t. - MALT LIQUORS See Fermented Liquors. Shipment into State, etc., in violation of laws, 8739. - Use of mails for advertisement of in- toxicating liquors intended for prohibi- tion states, 10387a-10387e. - MALTREATMENT . Navy, punishment, 2969(2). Prisoners on board of prize, 2977. Seamen, 10464. Soldiers, 2308a, art. 89. Violence to persons bringing provisions to camp, 2308a, art. 88. MANAGER Customs appraiser’s office in New York, soldiers, MANDAMIUS - - Common carriers, compelling compliance With requirements, 8592. Compelling compliance with require- ments Concerning physical valua- tion of property, 8591. Compelling furnishing of equal fa- cilities to shippers by, 8593. Court officers, compelling making of re- turns, etc., 1327. - District court may issue to aid orders of |United States Tariff Commission, 5326g. District Court of Porto Rico, 3803u. Federal trade commission act, obedience to, 8836i. - Jurisdiction, Supreme Court, 1211. Removal of, bridges obstructing naviga- tion, 9965. " - Dams obstructing navigation, 9980. Union Pacific Railroad Company, com- pelling operation, 10069. MANDATIE Supreme Court, 1669. MANDATORY INJUNCTION See I’m junction. MANEUWERS Militia, 3054, 3066. Naval militia, 3078a (21). MANIFESTS Alien passengers, 4289%g. Grouping in lists, 4289%gg. Refusal to furnish, 428914.h. Verification, 4289%gg. Bºº sold by collectors and surveyors, Chinese passengers, delivered on arrival of vessel, 4295. Collection district of Virginia, 55.17. Collectors of customs to receive, 5359. Contents, 5504. Copies delivered to customs officers on arrival, 5509. Mailed to Auditor for Treasury De- partment, 55.13. Nº. Officers of customs to receive, Number delivered, 55.10. - Delivered at port of destination by mas- ter departing from port where no cus- tom-house, 5834. Dutiable articles on yachts, 7810. Excuse for failure to have correct, 5507. Exemption from requirements as to, 8112. Fees, exemption of railroad, etc., trans- porting imports across foreign contigu- ous territory, 5692. w Ferry boats not required to present, 5489. Foreign vessels bound coastwise, 8120. Delivery on arrival, 8121. Penalty for non-compliance, 8122. Merchandise destined for different dis- tricts or ports, 5505. Destined for foreign ports, 5472. Exported by rail, 881. Imported into northern and north- western frontier districts, 5809-5811. Imported, not agreeing with. 5579. MANIFESTS (Cont'd) . OWners, shippers, etc., of cargo, 7792. Penalties, failure to have correct, 5506. Master’s failure to produce, etc., 5511. Opium, cocaine, etc., penalty for fail- ure to Show, 8801f. Production before customs officers, 5508. Registered vessels carrying foreign mer- gºalse from One district to another, Required for imported merchandise, 5503. Returns of deliveries compared with, 5581. Revenue cutter officers to receive and certify, 8459%b (52). Revenue officers to demand, 5770. Sea-stores, 5492, 5493. Secretary of Treasury to regulate au- thentication of, etc., 58.15. Statements that cargo will not be deliv- ered to other vessels, etc., 101826. Steamboat from Lake Champlain to prov- ince of Quebec, where delivered, 7799. Vessels bound to foreign ports delivered to collector, 7789. Vessels bound to or from Portland, Ore- gon, 5343, 5344. Vessels departing for other collection districts to receive copies of, 5476. Vessels entering insurrectionary district, destination may be changed in, etc., 10157. Vessels, fee for, 8136-8138. Vessels for foreign ports, ter to correctness of, 7789, 7790. Vessels in coasting trade, certified by collectors at port of departure, 5838. Exhibition, penalty, 81.13. Between neighboring districts, 8101. Between remote districts, 8105–8109. Penalty for proceeding without, 8106. Vessels in domestic commerce, signatures to, 8081 Vessels in foreign and coasting trade on northern, etc., frontiers, 5828, 5831. Form of, etc., 5836. sº Vessels trading between neighboring dis- tricts, delivery before unlading, 8103. Delivery before unlading, penalty for failure, 8104. Exceptions, 8109. Penalty for proceeding without, 8102. Vessels trading between Philippines and United States, 3905. Vessels trading between remote districts, delivery of before unlading, penalty, 8107, 8108. Exception, 8109. MANN ACT See White Slave Traffic. Text of act, 8812-8819. MANN-ELKINS ACT See Interstate Coºnºmerce and cross- Treferences therewºnder. Text of act, 993, 996, 997, 999, 1004-1006, 1110, 1243, 8563, 8566, 8569, 8574, 8581, 8583, 8584, 8592, 8600–8602. MANSILAUGHTER, Attempts, 10450. Defined, 10447. & Extradition, fugitives of foreign coun- try for manslaughter on high Seas, 10110. On Indian 1009, 10503 By Indians, 10502. ' Jurisdiction of courts, on Indian reser- vations in South Dakota, 1009, 10503. By persons in military service, 2308a, art. 93. 3. Place of, determination, 10510. Punishment, 10448. oath by mas- MANUA Philippine act not applicable to, 3905. MANUALS Senate and House, number of copies, 7087. MANUFACTURERS See Adulterated Butter; Chemists : Child Labor ; Cigars ; Distilled Spir– its and Wines ; Filled Cheese ; Fla- voring Eactracts : Manſu factures ; Miased Flour ; Oleomargarine . Opi- wºm, : Playing Cards ; Process Bºut- ter; Renovated Butter; Snºwff, To- bacco . White Phosphorus Matches. Bidders on paper for public printing to be, 6959. reservations in South Dakota, indicated.] ſ Destruction, etc., public records, MANUEACTURERS (Cont'd) - Convict labor, importation prohibited, 5304. Pºggive life preservers, punishment, Guaranty under Food and Drugs Act as protection to dealers, 8725. Guaranty under insecticide act as protec- tion to dealers, 8773. Information furnished to census employés to be used for Statistical purposes, 4411. Licenses, 31.15%g. Liquors in District of Columbia, licens- eS, 3421%CC. Record of sales, 34.21%d. Opium, Special tax, registration, 6287g–6287q. - Purchase of lands in Alaska, for manu- facturing purposes, 5080, 5082, 5091. • - Statistics of, collected by Bureau of For- eign and Domestic Commerce, 888. Tobacco, statistics, 4421. Water rights protected, 4647. MANUEACTURES - See Alºmerican Manufactures ; Conser- ºvation of Food and Necessaries ; Manºw facturers. Bureau of, consolidated with Bureau of Statistics into Bureau of Foreign and Domestic Commerce, 873. Census statistics, 4385, 4387, 4391. Co-operation with state officials in col- lection of statistics, 4392. etc.,. Domestic, preference of in purchases for navy, 6876, 6879. Preference in purchase of supplies for Congress, 95. - Drawback, articles made from imported materials, 5724. - Gold or silver, false stamping, 8802-88.11. Pacific coast to have preference in selec- § of supplies for service on that coast, 9. . Railroads forbidden to transport articles manufactured by them, 8563. Reports of, by Bureau of Statistics sub- mitted to Congress, 868. Use of mails for advertisement of in- toxicating liquors, 10387e. MANUFACTURING PLANTS Airplanes, etc., 1867m. Condemnation in time of war, compen- sation to be fair and just, 31.15g. MIAPS AND IPLATS Appliances connected with national de- fense, 102.12a. Common carriers to furnish Interstate Commerce Commission in investigation of physical valuation of property, 8591. Communication of, 102.12b. Copies of, in Interior Department, fur- nished, 675. From Office of Commissioner of In- dian affairs as evidence, 720, 721. From office of surveyor-general Louisiana as evidence, 4458, 4459. Delivery by surveyors general to state authorities, 4451-4454. Desert lands, 4677. Irrigation plans of lands granted to States, 4685 (2). Springs, etc., distribution, 4684d. 10298. Disposal of moneys from sale of, 660. Documents and reports accompanying maps to be printed at same time, 7152. . Forest maps, sale of by Agricultural De- partment, 831. Geological Survey, 778–781. Engravings, necessity of specific ap- propriations, 71 '9. Publication of, 7104. Hydrographic Office, to prepare and fur- nish to navigators at cost, 658, 659. Printing of, 7163. Publication and sale, 7147. Library of Congress, removal from, pro- hibited, 137. - Military, 8562g, Appendix p. 1794. Mining claims, 4622. Office of recorder of land title, Missouri, 4514. Officer destroying records, 10299. of Parcels post system, 7322, 7327. Photolithographic copies of township plats or diagrams, 711, 712. Sale of by Secretary of Interior, 712. Pipe lines in Arkansas, 4954. Post route maps, contracts for printing. * 7264. . Disbursements for, 600. Sale, use of proceeds, 7264a. 7264a, Appendix p. 1786. GENERAL INDEX [Page 21861 [References are to sections, except where otherwise indicated.] MAPS AND PLATS (Cont'd) . Printing, special printing office, 845a. Public documents, exclusion. When unnec- essary, 7173. - Railroad right of way, 4924, 4931. Through Indian land, 4183. • Report on field operations of Soils ~ Sion of Agricultural Department, 7096. Reservoir sites for furnishing water for live stock, 4941. Rights of way in Alaska, 5086. Alaska, requisites, 5090. Railroads, 4924, 4931. Rural delivery, sale, use of proceeds, 7264a. - 7264a, Appendix p. 1786. Signal office, sale, 329. Springs, etc., on desert lands, tion, 4684d. distribu- State irrigation district, approval by Sec- retary of Interior, 4695c. Surveys, delivered to state authorities, 4451-4455. Lands in Alaska, 5091. . Coal lands, 5072. National forests, 5124. Telegraph and telephone Indian lands, 4191. * - Townships, registers and receivers to furnish, 4478. Town-sites, 4786. . Wagon roads, etc., in Alaska, filing, 5087. Weather Bureau, sale of, 848. lines through Secretary of Agriculture to determine, number of copies, 7163. MAQUOKETA RIVER Bridges may be constructed across, , 9960. MARBLE Customs duties on, 5291097, 98). MARENE BAND - Individual musicians not to come in com- petition with civilian musicians, 2909. Pay, 2909, 2933, 2934. MARINE BARRACKS . Hospital and ambulance service by hospi- tal Corps, 2515. MARINE BIOLOGICAL STATION Admission to, for pursuit of investiga- tion, 9885. . Establishment, 9384, 9384a. MARINE CABLES -- Fºal control of, 31.15%x, Appendix p. 72. MARINE CORPS See Enlistment ; Lieutenants : Retired Officers ; Staff. Accounts, Auditor’s examination, 420. Appropriations, disposal of unexpended balances, 6806, 6807. Articles of war, subject to while serving with army, 2308a, art. 2. . . Artificial limbs furnished to marines dis- abled in the war of the rebellion, 9120. Aviation duty, 2823. Band, individual musicians not to come in competition with civilian musi- cians, 2909. Pay, 2909. * Boards, investigation of irregularity or misconduct of officers, administra- tion of oaths, 265. Medical examiners, etc., for examina- tion of candidates for appointment, etc., in Marine Corps at foreign stations, 2619a. Bounty claims, payment rines, etc., 3969-3971. Bounty-land, 4837–4839. to colored ma- Bounty, prize-money, etc., due colored members, 3967. Cadets, not eligible to appointment as Commissioned officers until after grad- uation of class of which they were members, 2911a. *Certificate of discharge in lieu of lost or destroyed certificate, 620. Certificates of military service, 30.78%r. Civil relief to members of, 3078%a- 307814ss. Clerks and messengers, forfeiture of pay and allowances on furlough, 2941a. Clerks for assistant paymasters, 2916. - Clothing of, of marines, lost, permanent appropriation to pay for, 6799(39). Coal-heavers, additional pay, 2857. Command, separate organization of mal- rines on vessels, 2943a. - When different corps join, 2308a, art. 120 - Companies and detachments, 2928. Contracts with Panama, Railroad Com- pany, 10054. - " - Divi- | MARINE CORPS (Cont'd) Court-martial, remission or mitigation of sentence, 3025. - Cº.; to naval Officers for service in, 7. - - - Deserters, arrest, 2953. - Removal of charge, 2954–2960. Discharge, honorable discharge on failure to pass examination, 2904a. | Discrimination by theaters, etc., against perSOnS Wearing uniform of Marine Corps, 10496. . - Drummers, increase in number, 2918c. Enlisted men, admitted to hospital at , Fort Bayard, 92.11. Band, pay, 2909, 2924, 2933, 2934. Commutation, forage, 2940. *:::, to clerks and messengers, 294 ... - Composition of enlisted force, 2908, 2910–2913, 2918. Computation of enlisted strength, 2574a. - Cooks, pay, 2931. Deposits on savings, 2937. Detail for service with Republic of Haiti, 28.13a. . Detail to Dominican Republic, 28130c. Discharge, purchase of, 2589. Double salaries, not affected by pro- hibition, 3530a. Enlistments, 2925. Exemption from arrest, 2927. Increase, 2918d. Naturalization, declarations of inten- tion unnecessary, 4356a. Number, 29.18a. Oath, 2926. Pay, 2929–2931, 2933. Death, 2870, 2871. Deduction for hospitals, 2936. Extra duty, 2932. Forfeiture of, men detailed as clerks, etc., when on furlough prohibited, 2941a. - Shore duty beyond seas, 2821. Privates, first class, 29.18aa, Appendix p. 1767. Rank, 2930. Rations, 2938, 2939. Retired, active service, 2659aa, Appen- dix p. 1763. Credit for service, 2082, 2084. Pay, 2082, 2084. Temporary increase of enlisted force, 29.18aa. , 29.18aa, Appendix p. 1767. Transfers to and from hospital corps of navy, 25.13a. Examinations, advancement in rank, 24a. Promotion, loss of numbers in lieu of Suspension on failure to pass, 2904a. . Exchange of sewing machines, etc., 2942a. Fireman, additional pay, 2857. Fleet naval reserve, establishment of class to correspond with, 2952d. Gratuity on death of officers or men re- sulting from aviation accident, 2870b. Gun captains, additional pay, 2816a. Gun pointers, additional pay, 2816a. Homestead entries by persons serving in, 4592, 4593. - By agent, 4605. Insane persons, care of, 2813. Committed to insane hospital, Instruction camps, conduct, 2952c. Establishment, 2952c. Letters free transmission of letters writ- ten in foreign countries, 7385a. Payment of postage on delivery, 7353. Mail clerks, selection from enlisted men 7256a. 7256aa, Appendix p. 1786. Marine gunners, increased compensation to on foreign shore service, 2929b. Medals of honor, 2715, 2715a. Midshipmen, not eligible for appointment as commissioned officers until after graduation of class of which they were members, 2911a. . - Mileage not to be paid where transporta- tion is furnished by government, 2935a. 9301. Naturalization of aliens in, 4352(7, 13). Naval Academy graduates, promotion, 2738. Naval Appropriation Act of 1916 not to reduce rank or pay of officers, 2684a. Navy mail clerks, 7256. - . - duty without leave for three months. Deck courts for trial of, 2933a, 2987. Officers, absence from dropping from rolls, 2619b. MARINE CORPS (Cont'd) Officers (Cont'd) º Adjutant’s department, senior grade officers to have rank of brigadier general, 2907b. r - Aºted to hospital at Ft. Bayard, 211. - Advancement, 2922, 2924. Appointments, 2905. From nonCommissioned Officers to be for probational period, 2903f. To be judge advocate general of navy, 612. To naval militia, 3078a (5). : Reappointment of officers dropped for absence without leave pro- hibited, 2619b. Assignment to assist chief of naval Operations, 621C. Assistant paymasters, number, 2918b. Assistant quartermasters, number, 2918b. increase 1n increase in . Authority to administer oaths, 3037. Brevets, 2921. Brigadier generals, how appointed, 2903a. Promotion to grade of, 2903b. Staff officers not eligible for, 2907d. Temporary, 2901b, Appendix p. 1767. Captain, advancement, 2924a. Increase in number, 2918b. Loss of numbers in lieu of sus- pension from promotion on fail- ure to pass examination, 2904a. Naval flying corps, lieutenants Commissioned as, 2952%h. Colonels, advancement, 2924a. Temporary, 2901b, Appendix p. 1767. Comimand over navy yards or vessels, 2944. Commissions to lieutenants in naval flying corps qualifying for regular service, 2952%i. Composition of active list of line, 2901, 2911-2914, 2917. Corporals, increase in number, 29.18a. On courts with army officers, 2308a, art. 4. Credit for service, as midshipmen or cadet, 2619. * - In different corps, 2617. Deck courts may be ordered by, 2993a. Desertion by resignation, 2971. Details, assistant chief of naval oper- ations, 621c. - Assistant judge advocate general of Navy, 613. - To Dominican Republic, 28130c. Naval flying corps, 2952%b. Service with Republic of Haiti, 28.13a. Directors of civilian marksmanship to be appointed from, 3070c. Bxaminations, 2903f. First lieutenants, increase in number, 291.8b. Loss of numbers in lieu of suspen- Sion from promotion on failure to pass examination, 2904a. - Gunnery sergeants, increase in num- ber, 29.18a, 2918b. - Honorable discharge on failure to pass examination, 2904a. Increase in number, 2918b. Inspector’s department, senior grade officers to have rank of brigadier general, 2907b. Irregularity or misconduct, investiga- tion, oaths, 265 Lieutenant colonels, 24a. Loss of numbers in lieu of suspen- Sion from promotion on failure. to pass examination, 2904a. Tºrary, 2901b, Appendix 7 Line officers, number, 29.11b. * Retirement from staff, 2907a. Loss of numbers in lieu of suspension from promotion on failure to pass examination, 2904a. Major, advancement, 2924a. Increase in number, 2918b. Loss of numbers in lieu of suspen- sion from promotion on failure to pass examination, 2904a. Major general commandant, appoint- - ment, 29.15a. - Certificates of military service, 30.78%r. advancement, D. GENERAL INDEX f MARINE CORPS (Cont'd) Officers (Cont'd) - - Major Generals, 2901a, Appendix p. 1767. - Midshipman and cadets at academies failing to graduate not eligible for appointment until after graduation of class, 2911a. Mileage, 2935. Naval officers, number, 2911b. Number of commissioned 29.11b. Oath, 2926. - Pay, 2915, 2929. Death, 2870, 2871. - Deduction for hospitals, 2936. Effects of officer of lost vessel, officers, 2869. Forfeiture when absent from duty on account of intemperance, 2900a. No reduction on account of act providing for temporary addi- tional officers, 2483n. Rank, no reduction on account of act providing for temporary ad- ditional officers, 24.83m. Shore duty beyond seas, 2821. Traveling expenses, 2846. Pay master's department, senior grade Officers to have rank of brigadier general, 2907b. : Promotions, 2902, 2904, 2905, 2923, 2924. |Examinations, 2904, 2905. Examining boards, 2904. . . quartermaster Purchase of Corps, 1954b. - Quartermaster clerk, appointment, 2918e. * Quartermaster’s department, senior grade officers to have rank of briga- dier general, 2907b. Rank, 2911, 2913, 2915, 2920, 2922. How determined, 2903c. Lieutenants and naval flying corps qualifying for regular service, 2952%i. Retirement, 2915, 2949-2952. Commissions to officers advanced in rank, 2068. . Transfer to active list, 2952b. Use of retired officers, 2483g. 2483g, Appendix p. 1761. Retiring board, 2950. Sales of ordnance property to officers, 3105. Second lieutenants, probationary appointments to higher grades, 2903g. - Sººnts, increase in number, 29.18a, - 918 o Staff,. composition of, 2906, 2907. Not to be appointed as brigadier general, 2907d. - Not to be recommissioned in the line with rank of colonel or lieu- tenant colonel, 2907e. Part of active list, 2907g. Permanent appointment abolished, filling vacancies from, 2907h. Qualification for reappointment to line, 2907f. Reappointed to line, 2907a. - To be counted as of the rank of colonel, 2907c. Temporary additional officers, 2483m. - 2483g, Appendix p. 1761. Grade on termination of tempor- ary appointments, 2483.j. Grades from which temporary original appointments to be made, 24839. 2483g, Appendix p. 1761. Limitation on permanent or tem- COImmissioned appointment, 2483g, porary appointments or pro- motions, 2483g. 24832, Appendix p. 1761. Number, 2483g. - 2483g, Appendix p. 1761. Pay of temporary appointees, 2483j. - Retirement of original temporary appointees, 24831. Rights, etc., of enlisted men not prejudiced by acceptance of tem- porary commissions, etc., 2.483.j. Temporary advancement of officers holding permanent and pro- bationary commissions, 2483h. 2483h, Appendix p. 1761. | Pay officers, [Page 2187] MARINE CORPS (Cont'd) Officers (Cont'd) Temporary additional officers (Cont'd) Temporary promotion of lieuten- ants and ensigns without re- gard to length of service in grade, 2483i. 2483i, Appendix p. 1761. Time of continuance, 2483k. Temporary advancements or promo- tions not to affect probationary Com- missions, etc., 2483.j. Temporary appointments to Supply deficiency in grades authorized by Naval Appropriation Act of 1917, 24839. 2483g, Appendix p. 1761. - . Transfer to active list Of Officers transferred to retired list, 2952b. Vacancies, 2901, 2903, 2906, 2911, 2914, 2915 Staff officers, filling, 2907h. Volunteer service, credit for, 2919. Warranty grades of marine gunner and quartermaster clerk, 2918e. , Pay, allotment by officers, 2872. Death of officer or enlisted man, 2870, 2871. Deduction for hospitals, 2936. Effects of officer of lost vessel, 2869. Enlisted men, 2929–2931, 2933. Extra duty, 2932. . Forfeiture when absent from duty, 2900a. - Mileage not to be paid where trans- portation furnished by government, 3. Officers, 2915, 2929. Quartermaster clerk, 2918e. Sea duty, increase, 2929a. Shore duty beyond seas, 2821. Traveling expenses, 2846. e Pay #s. number, 2916a, Appendix p. commissioned Pay and allowances, 2916a, Appendix p. 1767. Paymasters’ clerks, 2916. Title changed to pay clerks, 2916a, Appendix p. 1767. - Payment of claims without deduction of attorneys’ fees, 453. - employment in furnishing naval Supplies or war materials unlaw- ful, 2899. Pensions, 8934, 8942, 8944, 8946, 9026. Aviation accidents, 8986a. Indian wars, 9058. Navy pension-fund, 9088, 9089. Spanish war, Philippine insurrection and Chinese Boxer rebellion, 8985a, 8985b, Appendix p. 1796. Postmaster’s services utilized in procur- ing recruits for, 2579a. - President authorized to increase strength, Purchase of subsistence supplies, 1954a. Quartermaster clerks, increased compen- sation of on foreign shore service, 2929b. - Rank, 2911b. - - Examination for promotion, 2924a. How determined, 2903c. Senior grade officers to have rank of brigadier general, 2907b. Staff officers to be counted as being of the rank of colonel, 2907c. Recruits, employment of advertising agen- - cies, 2925a. 2925a, Appendix p. 1767. Regulations, 2942, 2947, 2948. Reimbursements of Officers and enlisted men for personal effects lost by operations of war, etc., appropria- tions, 2869a, - Authority to make, , 2869a. Claims, actions, etc., on, 2869a. Determination by major general commandant, 2869a. - Submission in writing, 2869a. Time for presentation, 2869a. Limitations, 2869a. In the naval service defined, 2869a. Reserve, Civil relief to members, 3078%a-3078%ss. Classes, 2952d. National Naval Volunteers, members | of transferred to, 3078c, Appendix p. 1769. .. - - Naval Militia, members of transfer- red to, 3078c, Appendix p. 1769. See Judge-Advocate-General ; [References are to sections, except where otherwise indicated.] MARINE CORPS (Cont'd) Reserve (Cont'd) ... " Naval coast defense reserve, establish- ment of class to correspond. With, 2952d. - - Naval reserve, establishment of class to correspond with, 2952d. Naval reserve flying corps, establish- ment of class to correspond With, 2952d. Officers, authority to oaths, 3037. - Retired officers, use of, 2483g. 2483g, Appendix p. 1761. Service on naval courts-martial and deck Courts, 2988a. Volunteer naval reserve, establishment of class to correspond with, 2952á. transfer to active list, administer Retired officers, pay, 2637a. Right of suffrage, 10190. Sale of stores to officers and men, 2810. Sales of articles to officers and men, 2942. Second lieutenants, age, qualifications, 2903d. Age and qualifications, waiver of age . limit, 2903e. Appointment of former officers resign- ing from service as, 2903e. Loss of numbers in lieu of suspension from promotion on failure to pass examination, 2904a. , - Service of homestead settler in, during time of war equivalent to residence, etc., 4604, 4604a. - - - Service on armed vessels, 2943. - Sewing machines, etc., exchange, 2942a. Shore duty, 2939, 2946. Subject to articles of war, 2948. Subject to laws of navy, 2948. Subsistence supplies, purchase of, 1954a. Substitution for landsmen, 2945. Supplies to marine detachments, by Quar- termasters’ Department, 1791. Training camp for citizens, establishment, 52C. - - Expense of transportation and sub- sistence, 2952c. ! Sale of uniforms, 2952c. Use of government property, 2952c. Transfer from military service to, 2582. Transportation, by army transport serv- ice, 1976. . . . - Settlement of accounts of certain rail- roads, 10063. - Trumpeters, increase in number, 2918C. Uniforms, use prohibited, 1949a, 1949aa. 1949a, Appendix p. 1753. War risk insurance, 514a–514v.v. MARINE CORPS RESERVE See Marine Corps. - - MARINE CORPS SERVICE SCHOO Selection of Officers and enlisted men of naval militia, to attend, 3078a,(27). MARINE COURTS - Naval COſwºrts. - MARINE HOSPITALS Accounts, examination by Auditor, 420. Admission of persons with infectious, - etc., diseases, 9195. - 9195, Appendix p. 1798. Appropriations for, unavailable for use in temporary rented quarters, 6936. . Attendants, 9189a, Appendix p. 1798. Collectors as disbursing agents of mon- eys appropriated for construction, 6665. Employés on canal-boats in coasting- trade excluded from, 9191. - Foreign seamen admitted to, 9193, 9.194. Gifts in aid of, 9189. Infectious diseases, admission of cases for study, 9195. Lease or sale of buildings, 91.97, 9198. Application of proceeds, 6808. - Life-Saving Service employés admitted to, 9192. - Officers and crews of vessels of Bureau of Fisheries admitted to Benefits of *: Health service, 9192a, Appendix p. 1798. - Permanent appropriation for, 6799 (24). Report of number and cost, etc., 6940. Reservations, Porto Rico, 3761. ; Seaman defined, '9190. - Supervising Surgeon General as member Of board to prescribe regulations for licensing establishments for preparation of viruses, etc., 8781. - Surgeon General, Hawaii quarantine sta- tions, 3733. - - GENERAL INDEX [Page 21881 [References are to sections, except where otherwise MARINE HOSPITAL SERVICE *See Health. - Porto Rican quarantine regulations, 3757. MARINE INSURANCE COMPANIES Foreign companies, 31.15%bb. Income tax, returns, what to include, 6336/[a, b]. - - MARINE LETTER CARRIERS See Mail Carriers. MARINE PARADES Regulations to promote safety of life dur- ing, 8231. Penalties for violation of regulation, . remission, 8234. Transfer of authority of Secretary of Commerce to other department, 8233. Use of public or private vesséls to enforce, 8232. - MARINERS See Merchant Sea mem. MARINES See Marine Corps. MARITIME JURISDICTION See Admiralty. MARITIME LIENS See Liens. MLARR See Trade-Marks and Trade-Naºmes. “Signature” and “subscription,” include, 10511. TMLARRIERS Nººnal military parks, destruction, etc., MARKETS Bureau of, administration of oaths, etc., 795a.a. Powers of Superintendent of public works relating to, 3716. MARECET VALUE Imported merchandise, 5521. Property sold, computation for purpose of income tax, 6336|b, c], 6336j. MARIESING Apple barrels, 8736, 8737, 8907b. - Casks or packages of distilled spirits durmped for rectification or received from rectification, 6102a. Dairy products, 8716. Elevations in topographic surveys, 777. Imported articles or packages, 5297, 5298. Goods in Warehouses, penalty for ob- literation, 5678. - Nursery stock, 8754. Inspected meats, 8681, 8711. - Intoxicating liquors in interstate or for- eign commerce, 10410. Lime barrels, penalty for failure, 8907.j. Pºg for selling unmarked barrels, Lime containers of less capacity than barrel, 8907h. Name of contractor to appear on supplies for army or navy, 6883. Nºry stock for interstate shipments, Packages containing dead bodies or plum- age of game animals or birds, 10413. Premises containing explosives, 31.15%.hh. Punishment by, prohibited in army, 2308a, art. 41. - Prohibited in Navy, 3018. Salted pork or bacon for export, 8683. Second, third and fourth class mail mat- ter, 7332, 7333. - Viruses, serums, etc., 8778, 8779. Wrecks in navigable waters, 9920. Penalty for failure, 99.21. MARESSMEN Additional pay, 2146. MARRIAGE Annulment, polygamy, 10486. s On board vessels, entry in log-book, 8036. Children of employé killed in service of United States, compensation to cease, 8932ee. Citizenship, 4289%jj. - American Women marrying foreign- - ers, resumption of American citi- zenship, 3960. Marrying citizens, 3948, 3961. Colored soldiers, determination for pur- pose of payment of bounty claims, 3973. Evidence, general repute, etc., as to mar- riage of white men and Indian women, Homestead entrywoman, 4538, 4538a–4538c. Pensions, legitimacy of children born before marriage, 8987. MARRIAGE (Cont'd) Pensions (Cont'd) Negroes and Indians, proof of, 8988. Proof of by widow, 9096. Re-marriage of widow, pensions under life saving service act, 8543 Restoration on renewed widowhood, 8981b, 8993, 8994. Termination of, 8993. Porto Rico laws concerning, modified, Proof of of claimant under war risk in- surance Act, 514 mmm, Appendix p. 1738 Record, etc., certificates of marriage, 10492. As evidence of, 10492. - Solemnization, consular officers, 7632. White men and Indian women, 4104, 4105. Children to have rights of mother in tribal property, 4106. - Men not to acquire any right to tribal property, 4103. Of widow after application for bounty lands not to impair rights, 4836, 4841. Termination of compensation under war risk insurance act, 514qqqq. MARRIED WOMEN See Husband, and Wife. MARSHALS - Accounts, certified to by district judge, 1416. Examination by Auditors, 419, 420. Expense, 1425. Fees, 1415. . Failure to account for, 1430. Proof, approval, revision, 1417. Rendition of, 433. Supervision by Attorney General, 543. Time for transmission of, 432. Adjournment of court for non attendance of judge, 979. Agent receiving accused person after de- livery by foreign government to have power of, 10.122. Alabama, 1341. Alaska, appointment, 3572. Bond, 3571. Collection of liquor licenses, 3592. Custodian of public buildings, 3588. Deputies and assistants, 3569. Enforcement of liquor laws, 36430. Ex officio receivers of public moneys at Fairbanks, 4520. Gambling implements seized by, 3536. Game illegally shipped delivered to, 3620. Game laws enforced by, 3621. Insane persons transported to asylum by, 3610. - Powers and duties, 3569. Provisions relating to fees not appli- cable, 1431. Residence, 3570. Salary, 3572. Alien enemies, execution of executive or judicial orders for removal of, 7618. Appointment, 1302. • Appointment of attendants on juries, 1338. Arizona, 1053. Arkansas, prosecution for offense on Hot Spring Reservations, 5268–5272. Western district, salary, 1450. Arrests by, deserters from army, 2308a, art. 106. Enemy aliens, 7615. IIlicit distillers, 1676. Assistance, power to command, 1311. Assistants, reports concerning, by Attor- ney-General, 564. Attorney-General, has direction of, 537. Has supervision of accounts of, 543. Attorneys, not to act as, 1250, 1251. Bond of, 1307–1310, 1312a, 1363, 1367. Amount, 1307. - Appointee to fill vacancies, 1318. Approved by district judge, 1307. 2296, Filing, 1307. In greater amount, when required, 1331. - Liability on, for acts of deputies, 1313. Record of, 1307. - To remain after judgment as further security, 1309. Suits on, costs, 1308. Limitations, 1310. By whom brought, 1308. California, Southern District, 1342. Southern district, salaries, 1437. indicated.] MARSHALS (Cont'd) Circuits courts of appeals, 1115. Compensation, 1410. . Court rooms, to provide, 1119. Civil :* laws, execution of warrants, Inns, conveyances, theaters, etc., en- forcement of laws, 3928. - - Pºcutions for violation of law, Clerks, disqualification as United States commissioners, 1334. Colorado, 1343. Fees and compensation, 1344. Powers and duties, 1344. cºmerce cases, Service of petition in, Commissions, 3252. Connecticut, salary, 1449. Consular courts, appointment, 7656. Awards and process against, 7661. Bonds, 7658. Suits on, 7659. Pºetion of original bond, Consulate of Bangkok, 3146. Execution and return of process, 7657. Fº, of marshal in China, appeals, 7694. Number, 7656. Salaries, 7656. Conveyance of lands, etc., to United States, 6376. - Costs not affected by provisions relating to salaries, 1429. - Court of Customs Appeals, 1181. To provide court rooms, 1184. Court rooms, etc., for circuit courts of appeals, 1119. Custody of person committed to jail in his district who had given bail in an- other district, 1569. Customs suits, satisfaction of execution in, 57.19. Services of notice for production of books, 5799. Death of, deputy to act, 1313. Deputies, allowing prisoner to escape, 10308, 10309. Appointment, 1304, 3279. Arrest of illicit distillers, 1676. Attorneys, not to act as, 1250, 1251. Bonds, 1367, 3279. Civil r1ghts, Inns, conveyances, theaters, etc., enforcement of laws, 3928. • Classified civil service, deputies un- der bond excluded from, 3279. Continue in office on death of mar- shal, 1313. Fees, attendance on rule days, 1385. Civil rights cases, 3940. ” Field deputies, appointment, 1423. Compensation, 1423. Expense accounts, 1425. Expenses, 1423. - Not to receive fees for represent- ing marshal in court, 1425. Term of office, 1423. - Have powers of sheriff, etc., in State, 1812. Illinois, 1064. Iowa, 1352. Ransas, 1067. Kentucky, 1353. Liability for refusal to receive or exe- cute under civil rights laws, 3939. Massachusetts, 1072. Michigan, 1073. Mileage, 1390. Execution or return of writs, 1391. Travel without cost, 1392. Writs not executed, 1392. Mississippi, 1076. Missouri, 1077. New Jersey, 1082. Not to receive compensation as bailiff, 425. Oaths, 1305, 1306. Obey and execute warrants under civil rights laws, 3938. Office deputies, expense accounts, 1425. Per diem in lieu of subsistence, 1424a, Appendix p. 1746. Oregon, 1089. - Particular districts, 1052–1106. Prosecution for violation of civil rights law, 3935. Receivers, disqualification as, 1334, Removal, 1304, 32.79. Acting as attorneys, etc., 1251. GENERAL INDEX [Page 2189] [References are to sections, except where otherwise indicated.] MARSHALS (Cont'd) Deputies (Cont'd) Reports concerning, by Attorney-Gen- eral, 564. Resignation or removal, process, 1315. Sºre of mails illegally carried, 7474, Tennessee, 1094. Traveling expenses, 1390, 1422. United States Commissioner, disquali- fication as, 1334. Venire facias, service, 1256. Wisconsin, 1105. Writs, etc., how directed and execut- ed, when marshal or deputy is par- ty, 1548. , Wyoming, 1106. Yellowstone Park, compensation, 5196. Distress warrants against delinquent col- lectors, etc., 6626–6631. District of Columbia, proceedings, 93.17. Names of persons in service of foreign Hºlie ministers, transmitted to, 3 delivery of juries in lunacy To be paid only cost of supporting prisoner, 10546. Posting of names of persons in service of foreign public ministers, 7613. Trespassers on public lands to be ejected by, 3308. Duties, 1311. Personal attention to, 1332. In each judicial district, 1302. Expenses, 1424. Accounts, 1425. Office, 1426. - Reports of, by Attorney-General, 564. Returns of, 1425. Fees, 1375, 1386–1393. Accounts of, audittng, 1415. Allowance made from fees of same year, 1413. Attendance in court, 1388. Attendance on rule days, 1385. Bankruptcy proceedings, 9632, 9636. Restrictions, 9656. Bill of, how proven before taxed by judge or allowed by accounting officers, 1625. How taxed and included in judg- ment, 1624. Bºns into court person in custody, 1696. In cases where United States liable, how paid, 1462. Certified to by, district judge, 1416. Local inspectors of steam vessels, 13 Circuit Court of Appeals, 1410. Civil rights cases, 3940. • Civil Suits instituted for Post-Office Department, how paid, 459. Colorado, 1344. Tenuties and clerks, 1422. Expense accounts, 1425. Failure to account for, 1430. Idaho, 1347. Illegal, 1430. Illinois, eastern district of, 1349. Liability of informer for, 1617. Nevada, double fees, 1403. Oregon, double fees, 1403. To pay fees of jurors and witnesses in º where United States are party, 1461. Payment, 1462. Payment into treasury, 1414, 1418. Prize cases, 8421. Broof and approval, 1417. Prosecutions for offense on Hot Springs Reservation, 5269–5272. Receiving illegal, 1430. Recovered, how, 1463. Semi-annual returns, 1394. Fees, etc., included, 1395. Services under steamboat inspection laws, 8138. Service to United States, 1387. Serving subpoenas, 6410. Single fees, 1404a. Supreme Court of United States, 1390. Surplus paid into treasury, 1414. Warrants for arrests of persons, re- Cognizance, 1388. Warrants in prosecution under inter- nal revenue laws, 1389. Field deputies, appointment, Maine, 1070b. Furniture, allowance for, 1387. General duties, 1311. Georgia, 1345, 1346. etc., in | MARSHALS (Cont'd) Hawaii, appointment, 3727. Salary, 3730. Idaho, salaries, 1437. Illinois, 1064. Eastern district, 1348–1350. Internal revenue, duties relative to goods seized for violation of laws, 6360. Execution of deeds of land sold in cases of delinquent collector, 5.941. Levy on property of delinquent collec- tor, 5.941. Judgments on account of Postoffice De- partment, execution of, 1301. Jurors, payment of fees of, 1461. Ransas, 1067. Rentucky, 1353-1355. Lost records of official return, etc., 1517. Louisiana, eastern district, salary, 1446. Western district, 1356. Maine, 1070b, 1070d. Massachusetts, 1072. Michigan, 1073. Western district, 1450a. Migratory and insectivorous birds, seiz- ure, etc., 8837e, Appendix p. 1795. Mileage, 1386. Execution or return of writs, 1391. Not limited to actual expenses, 3236. Travel expenses, 1390. - Travel without cost, 1392. Writ not executed, 1392. Miners’ liens, extracting gold to enforce, in Alaska, 5067-5068. Mississippi, 1076. Missouri, 1077. Montana, 1358. Nebraska, salary, 1440. Nevada, double fees, 1403. New Jersey, 1082. New Mexico, 1083. New York, northern and western districts, 1357. North Dakota, 1358, 1359. Oaths, 1305, 1306. Authority to administer, 1433. Offenses, compromise of violations of in- ternal revenue law, 5893. Purchasing fees at less than face Val- ue, 10273. Official receipts, 1424. Oklahoma, 1360. Eastern district salary, 1444. Western district, salary, 1444. Oregon, 1089. Double fees, 1403. Panama Canal Zone, 10044. Particular districts, 1052–1106, 1341-1374, Parties in cases, writs how directed and executed, 1548. Peace officers in state to have authority of to carry out Chinese Exclusion Act, 4299, 4313. Pennsylvania, 1361, 1362. Per diem in lieu of subsistence, Appendix p. 1746. Personal attention to duties, 1332. Porto Rico, 3785, 380344, 3803uu. Powers of, same as of sheriffs, etc., 1312. Prisoners, allowing to escape, 10308–10309. Delivery to successor, 1314. To provide for safe-keeping of, 10522. Removed by, in case of epidemic, 9182. Supervision of paroled, 10541, 10543. Transportation to prisons, 10556. Prize cases, 8402, 8407, 8408. Payment of fees of witnesses, 8425. Process, delivery to successor for service, 1315. 1424a, Execution, to enforce awards of for- eign consuls, etc., 1248. In Indian country, employment of posse comitatus, 4156. On issuance by United States com- missioners in, Crater Lake National Park, 5230h. G1acier National Park, 5248h. Mt. Rainier National Park, 5227 h Process of removal of Chinese, un- lawfully in United States, 4313. Liability for refusal to receive or ex- ecute under civil rights laws, 3939. For offenses on Hot Spring Reservation directed to, 5268. - Service of, subpoenas, Suits to restrain violation of Clayton Act, 8835n. Public moneys, payment to depositaries, 6605, 6606, 66.11. Receivers, disqualified as, 1334. Regulations by Solicitor of Treasury as to suits in which United States are parties, 553. s - MARSHALS (Cont'd) Removal from office, acting as attorney, etc., 1251. - Rent, allowance for, 1387. Reports to Attorney-General, 537. Residence, 1332. Returns of earnings and expenses, 1425. Returns of proceedings on execution, to Sixth Auditor of postoffice depart- Iment, 1317. To Solicitors of the Treasury, 1316. Salaries, 1418, 1421. r .* Payable when, 1428. Michigan, Western district, 1450a. South Carolina, 1362b. Salaries of judges to be paid by, excep- tions, 1312a. Sale of lands, etc., taken by predecessors, Search and Seizure of obscene matter and lottery tickets unlawfully imported, 5301. sº of arms, etc., intended for export, Seizure of mail illegally carried, 7474, 7475. Seizure of vessels fitted out to engage in piracy, 8045. Service until appointment and qualifica- tion of successor, 1319. South Carolina, 1362b. - Eastern district, to perform duty in Western, 1302. South Dakota, 1358. Stay of Warrant of arrest, or release in admiralty causes other than seizures for forfeiture, 1567. Summoning appraisers under authority of State to appraise goods taken on writ of fieri facias, 1639. Supreme court, appointment, 1195. Ajants, appointment, compensation, Attendance on court, 1200. Custody of property, 1200. Documents allotted to, Pecord, 7090. Duties and powers, 1200. Duties when court adjourns in conse- quence of epidemic, etc., 9181 Fees, 1393. Salary, 1200. Supreme Court reports for, 1203. Tennessee, 1094. Term, 1303, 1319. Territories, appointed by president, 3467. Enforcement of regulations for peni- tentiaries, 3525. Fees, 3471. - Commissions on disbursements, p. 4593, note. Penitentiaries controlled by, 3524. Powers and duties, 3466. Texas, salaries, 1445. * United States commissioner disqualifica- tion as, 1334. g United States court for China, 7692, 7693. Utah, 1368, 1369. Vacancies, 1318, 1320. Venire facias, service, 1256. Vessels seized for transporting coolies to be delivered to, 4347: Warrants, arrest for violation of Chinese Exclusion Act to be issued on com- plaint of, 4334. Attachment against delinquent post- lººters, Contractors, etc., execution, Removal of offenders, etc., to district where offense to be tried, 1674. Washington, 1358, 1370, 1371. West Virginia, 1372, 1373. Wisconsin, 1105. Witnesses, payment of fees of, 1461. Subpoenas for, as to claims pending before Congress, service, 6410. Wyoming, 1106, 1374. Deputies for Yellowstone Park, 5195. Process issued by Yellowstone Park Commissioner directed to, 5.194. Yellowstone Park, compensation. 5196. MARTEN Killing in Alaska prohibited, penalty, for- feiture of vessels, etc., 8850. MARTIAL LAW In Porto Rico, 3803ddd. MARYLAND Advertisements, etc., required to be pub- lished in District of Columbia, Maryland and Virginia, to be published in District of Columbia, 7182. Conduit Road, traffic regulations, 3322a. Deputy district clerks, 1071. Congressional | District clerks, 1071. & District court, terms, 1071. GENERAL INDEX LPage 21901 [References are to sections, except where otherwise MAlby LAND (Cont'd) Indigent blind persons of District of Co- lumbia may be instructed in s:itution of, 9360. ... • Judicial districts, 1071. - Mail lettings for, advertisements of, 7183. School for Colored Deaf Mutes, education of colored deaf mutes of District of Co- lumbia in, 9352. . . . . . . . . . . . Traffic regulations, Conduit Road, 3322a. MASCULINE GENDER - Females included in, 1, 3421%r, 8932tt. * - ... MASSACHUSETTS Deputy marshals, 1072. District court, terms, 1072. Judicial districts, 1072. Marshals, 1072. ' MASTER AND SERVANT - See Employés : Employes’ Compensa- tion Act. MASTER ARMORERS National armories, appointment, 3079. Pay, 3080, 3081, 3083. MASTER AT ARMS Refusal to receive prisoners in navy, pun- ishment, 2969 (18). - MASTER ELECTRICIAN Army pay, 2144. - Artillery corps, 1726. Aviation section, 1867c. Coast artillery, 1732. * Coast artillery corps, .1731, 1731a. - 3648qq, Quartermaster Corps, 1780. Number, 1788b. Pay and allowances, 1788b. To be known as quartermaster ser– geants senior grade, 1784. - Signal corps, 1860., * . MASTER, ENGINEERS Engineer corps, 1842a. - Pay, 2144a, Appendix p. 1759. MASTER GUNNERS Coast artillery corps, 1731, 1731a. Field artillery, 1737, 2144. Pay, 2144. MASTER HOSPITAL SERGEANTS Medical department, appointment, 1829a. Designation of candidates for exami- nation, 1829a. º Discharge upon own application, 1829a. Not counted as part of enlisted force, 1829a. . Number, 1829a. Pay, 2144a. 2144a, Appendix p. 1759. Promotion, Iimitation, 1829a. Re-enlistment at previous 1829a. - - MASTER OF GUNEOAT Pension, 8934. - - Total-disability, rate, 8944. MASTER OF THE SWORD Pay, 2263, 2264, 2264a. Rank, 2263, 2264. MASTERS . Navy, see Lieutenants. - Navy, title changed to lieutenant, 2472. MASTERS IN CHANCERY See Reference and Referees. Accepting bribe, 10303. - grade, Clerk of court of Customs Appeals dis- qualified, 1182. District clerk or deputy disqualified, ex- ception, 1050. . . . Federal Trade Commission may act as in anti-trust prosecutions, 8836g, - - Taking testimony relating to ºns pending before Congress, 6409– MASTERS OF VESSELS See Licensed Officers for Vessels. Accident reported by, 7975, 7978a. Anchorage regulations, PCennebec river at Bath, Maine, violation of, 9958. New York Harbor, penalty, 9948. Port of . Chicago, violation of, 9951. St. Mary’s River, violation of, 9956. Agºnticing boys to sea service, 8298, Aºi for boarding vessel before arrival, Assistance rendered to persons found at sea, 7991. • Authority to bind vessels presumed, 7784. Bill of health delivered to collector of customs by, 9160. Bill of lading issued by, 8032. Some in- Licenses, private fºſ/ASTERS OF WESSELS (Cont'd) Bond on application for renewal of en- rollment of license, 8076, 8077. - Cargo destined for different collection districts, 5475-5480. - Changº, failure to report, penalty, etc., Indorsement on register, 7752. Coal for steam vessels retained without paying duty, 5495. Coasting trade, exhibition of manifests, Foreign, report of sea-stores, 5823. Between neighboring districts, deliv- ery of manifest before unlading, 8104. . Shipping-articles, 8311, 83.12. Crew of vessel, compliance with act re- lating to qualification of crew, 8363a. Customs inspectors, compensation paid by, 5569, 5570. Customs laws not to relieve from oaths | required by other laws, 5806. Delivery of certificate to enrolled or licensed vessel of authority to proceed on foreign voyage to collector in home port, 8087. Depositing of refuse, in New York Har- bor, 9.934. - - In Potomac River prohibited, 9942– 9945. - Discipline among passengers maintained by, 8003. - - District of Virginia, 55.17. Exchange of registry for enrollment or license or vice versa, 8071 Fees payable by, 8136-8139. & Fishing-vessels touching at foreign port, delivery of manifest and making entry, 8117, 8118. Foreign commerce, 8052, 8053. sº Foreign vessels bound coastwise, mani- fests and permits before departing, 0. Manifests and permits on arrival, de- livery before unlading, 8121. Hospital charges for foreign Seamen to be paid by, 9193. Immigration, deportation of aliens, 4289%j, | %k. Expenses of detention of immigrants, 4289%hh. - Lists of alien passengers, 4289%g. Verification, 4289%gg. Lists of aliens employed on vessels arriving from foreign ports, 4289%t. Payment of head taxes, 4289%aa. Penalties for violation of laws, 4289%d, 4289%dd, 4289%e, 4289% ee, 4289%h, 4289%r, 4289%.SS. . Reports of aliens illegally landed, 4289%t. Signing alien on ship’s articles with intent to violate immigration laws, 4289%qq. Investigation 8161. Liability as carriers of gold,” bullion, , and certain valuable merchandise, notice by shippers, 8019. - - fees for, 8138, 8220. Indians, residents of Metlakahtla, Alaska, entitled to, 8188. By local inspectors, 8200. Duty, 8201. Necessity, 8226. Oath, 8207. As pilot, 8205. . . List of Chinese passengers to be deliv- ered upon arrival of vessel, 4295. Log-book of vessels, entries signed by, 8037, 8038. Mail, delivery to post-office, 7470. Manifests and permits, exemptions from requirements as to, 8112. Trading between neighboring districts, into failure of duty by, Penalty for proceeding without, 8102. +. Manifests produced and copies delivered to officers, 5508–5512. Master defined, 5464, 8392, 10096. Merchants seamen, shipment, articles, posting copy, 8310. Numbering undocumented vessels, 8095a- 8095f. shipping Oath, On application for new license in place of lost license, 8074. -Expiration of license of vessel at sea, 8127. . . . . . . Loss of register, 7748. Manifest of alien passengers, 4289%gg. bond for passport, I indicated.] MASTERS OF WESSELS Oath (Cont'd) - As to payment of foreign repairs as gºeºuisite to license or enrollment, (Cont'd) Offenses and penalties, abandonment of mariner in foreign port, 10468. Advances and allotments of seamen’s Wages, 8323. - Anchorage regulations, 9948, 9951, 9956, 9958. Articles separated from cargo missing on arrival, 5772. Bill of lading, failure to issue, 8033. Breaking or moving locks placed by inspectors, 5773. Bringing in Chinese not admission, 4310. - Bºption to vessels in distress, Laborers, 4291, 4305. Cattle, insufficient accommodations for export, 8656. Certificate granted to agent, failure to . surrender, 7743. Certificate obtained upon loss of Orig- inal register, failure to surrender, 7749. - Clºse of master, failure to report, 084. violation of, entitled, to Coasting trade, failure to exhibit manifests, 8104, 81.13. Proceeding without manifest, 8102. Collision rules in harbors, rivers and inland waters, violation, 7907. Cºment of master by seamen, Crew, failure to produce, on return of vessel, 8367. - Crew list, failure to carry, 8366. , Cruelty to animals in transit, 8653. Customs inspectors, failure to provide accommodations for, 5569. Departing for foreign country with- Out passport, 8053. - Departure without clearance, 7789. After prohibition because of dis- Crimination against TJnited States during foreign war, 8836r. Depositing refuse in New York Har- bor, 9.934. - . Distilled spirits, etc., landed without inspection, 5575. Drunkenness or neglect of duty, 8383. Duties, failure to pay, 5826, 5827. Enrollment or license, refusal to ex- hibit, for inspection, 8085. Entry, failure to make, 5826, 5827. Exchanged registry, enrollment or li- cense of vessel, failure to surren- der, 8071. Failure to declare opium in manifest, 8801f. Foreign vessels, failure to deposit pa– pers of, 7800, 7801. Immigration laws, violation of, 4289%d, 4289%dd, 4289%e, 4289% ee, 4289%h, 4289%r, 4289%ss. Inspectors, refusal to permit, to board, 5516 Licensed yachts, 7806. : License, in case of change of build, Ownership, etc., failure to sur- render, 8073. - Failure to exhibit, 8208. Live-oak or red-cedar timber on lands of United States, taking away, 4981. Mail, failure to deliver, 10370. Failure to deliver letters at post- office before entry, 10374. Merchandise on board not agreeing with manifest, 5579. Northern, etc., frontiers, failure to comply with regulations of trade on, 5837 Obstructing revenue officers in board- ing vessel, 5771. Obstruction of navigation, etc., 99.21. Passengers, carrying more than lawful number of, 8229. Violation of laws for transporta- tion of, 7997-8006, 8010-8014. Proceeding without manifest and per- mit, 8106. Quarantine laws, 9170, 91.75. & Rivers and harbors, failure to fur- nish statement to persons in chargé of works, 9901. ; : , Running away with or yielding up vessel or cargo, 10479. . . Seamen, clothing, and fuel, failure to provide, 8361. - violation of, 9164, GENERAL INDEX [Page 2191] [References are to sections, except where otherwise indicated.] MASTERS OF WESSELS (Cont'd) Offenses and penalties (Cont’d Seamen (Cont'd) . . Confining master, 10480. Illegal discharge of, 8338. nº shipment in foreign port, 308. i Laying violent hands on master, 10467 Maltreatment of, flogging, 10464. Medicines, failure to furnish, 8359. Neglect in regard to account On discharge, 8339. Neglect in regard to certificate of discharge, 8340. Provisions, neglect to provide, 8354. Refusal to permit Seamen to make complaint of, 8356. Refusal to transport destitute, 8369. Shipping articles, failure to post copy of, 8310 Shipping seamen without, 8305. Coasting-trade, 83.12. Stores, neglect to provide, 8353. Wages, refusal to pay, 8352. Weights and measures for pro- visions, failure to provide, 8360. Slave trade, equipping, etc., Vessel for, 10422, 10427, 10428. Hovering on coast with slaves on board, 10424. Receiving or carrying away person to be sold or held as slave, 10426. Steamers passing, violation of rules as to, 8167. Submarine cables, 100.95. Failure to avoid buoys, etc., 10090. Summary trial of, for offenses against navigation laws, 8046-8050. Towing vessels, violation of regula- tions for, 7970. UEllawful unlading, 5564. Usurping authority of, 10466. , Variance between report and delivery of vessels in distress, 5585. Vessels, penalties for violation of reg- ulations of, in time of war, etc., 9959%b, 9959%.c. Wireless apparatus, failure to enforce regulations relating to, 8264. Failure to see that regulations as to, are Carried out, 8262. Passengers, carrying more than lawful number, 8229. Liability for damages to, 8269. List delivered to customs officer, 8006, 8010. Lists of alien passengers, 4289%g, 4289%gg. List to be kept, inspection, etc., 8237. Violation of laws for transportation, 7997-8006, 8010-8014. Permits for dumping in New York Har- bor. 9935. - Recorded vessel, change of master, 7768. Remedies against, for embezzlement, loss, or rieglect, 8025. Renuoval by owners, 7995. Report by, on arrival at port other than that of destination, 8119. River passenger-steamer; liability for damages where navigating against ad- vice of pilot or engineer, 8257. Seamen, account of Wages On discharge, Appropriation. Of Wages to Costs of conviction, 8386. Arbitration of disputes, 8343-8344. Carrying sheath-knives to be prohib- ited, 8389. Certificate of character on discharge, 8342. Certificate of discharge, 8340. Corporal punishment prohibited, 8391. Crew list and return of screw, 8367. Crew list and shipping articles to be carried, 8366. Crew list, production of list and men on return of vessel, 8367. Damages for suffering corporal pun- ishment, 8391. T)elivery of list of crew before clear- ance, 8864. Dying during voyage, care and dispos- al of effects, 8327-83.29. Bntry of offenses in log book, 8381. TMay be replaced, 8306. T'ayment of charges for inspection of vessel complained of as unseawor- thy, 8351, 8352. Broduction of log-books, etc., 8344. Providing stores and provisions, 8354- 8357, 8360. MASTERS OF WESSELS (Cont'd) Seamen (Cont'd) Punishment of, for damage to master by, Smuggling, 8380. Serving lime or lemon juice and Sugar and vinegar to crew, 8358, 8359. Shipment of, in coasting-trade, 8311, 8312 In foreign ports, 8307–8309. Shipping articles, 8300–8312. Stores and provisions, 8353-8357. Survey of vessel on complaint of un- seaworthiness, 8345, 8346. Transportation of destitute seaman to TJnited States, 8369, 8370. Wages, account on discharge, 8339. And effects on death in United States, 8331. Compliance with Act relating to advances and allotments of Wag- es, 8323. Deduction for false complaint of provisions, 8355. Fººted by desertion, disposal of, Payment, 8320, 8322. ' On discharge, 8338–8341. Account. Of unseaworthiness of vessel, 83F). In foreign port. 8371-8373. Penalty for refusal, 8352. Rules for settlement, 8341. Shipping-commissioners acting as, 8290, 8340. Standing by, after collision, 7979, 7980. Statement of Consular services rendered without fee, 7803. Statements required as condition prece- dent to clearance of vessel, 31.15%g, 31.15%gg. - Statements that cargo will not be deliv- ered to other vessels, etc., 101826. - Statement to be furnished persons in ºrse of river and harbor works, Penalty for failure, 9901. Steam-vessels, carrying passengers, Copy of provisions of law relating to steam vessels to be kept by, exhibi- tion, 8270. Criminal responsibility for loss of life, 10455. Licensed officers to assist inspectors in examinations, 8210. Licenses to be exhibited, penalty, 8208. To answer inquiries, etc., of inspec- tion officers, 8160. Subunarine cables, offenses, liability, 100.90, 100.95. Summons against, for nonpayment of sea- men’s wages, 8335. . Trading between remote districts, mani- fests and permits, 8105–8109. Unregistered vessels from contiguous territory, delivery of manifests, 5810. Violation of regulations for navigation of south and southwest passes of Mis- sissippi river punishable, 9931. War duties of, 7709. War risk insurance, 514b-514.j. MASTER WORKMEN Navy yards, 2792. ' MATCHES See White Phosphorus Matches. Customs duties on, 5291 (345). Shipment, packing and marking for, 8245. White phosphorus matches, 6271-6287. Importation prohibited, 52910345). MATERMALS Government printing office, purchase of, 6972. * Life-saving service, disposal of condemn- ed, 8466, 8467. Lighthouse service, sale of condemned, 8451. Proceeds of sales, disposal of, 6808. Paid into Treasury, 6609, 6610. # stateº of, in book of estimates, Separate from Book of Estimates, 6743 Public lands, use for telegraph lines, 100.73. Purchase of, for steam boilers for navy, 6866 Rights of way in Alaska, 5083, 5087. MATES Navy, pay, 2816, 2831. Seamen, rating as, 2561. Pharmacists in navy, 25.13a. Steam vessels, to answer inquiries, etc., of inspectors, 8160. Investigation of failure of duty, 8161. MATES (Cont'd) * * Steam vessels (Cont'd) Liable for loss through misconduct, Licensed officers to assist inspectors in examinations, 8210. Licenses, 8202. Exhibition, penalty, 8208. Fees for, 8138, 8220. - Oath, 8207. As pilot, 8205. Number of, 8226. Penalty for violation of collision rules in harbors, rivers and inland Wa- ters, 7907. Violating rules as to Steamers pass- ing, 8167. War duties, 7708. Vessel, license, 8200. Log-book, entries signed by, 8037. MATRONS Army, hospitals, 1830, 2175.” Pay, 2142. Rations, 2142, 2175. Detail on vessels carrying immigrants, 4289%ff. Indian schools, assistants, 4168. Employment, to teach housekeeping, etc., 4029. National Training School for pointment, 9395. MIAYIHEMI See Maiming. MAYORS Alaska, enforcement of liquor laws, 36430. Arrest or bail of offenders against United States, 1674. Pºitions, de bene esse taken before, 1472. - Subpoenas, issue in contested elections of members of House of Representa- tives, 167. h MEAL Purchase, storage and sale by President, 31.15%j. MEANING OF WORDS See Words and Phyrases. MEASUREMENTS IMeasures to be used in in voices of im– ported merchandise, see In/voices. Vessels, 7725. Certificate of, 7726. Commissioner of Navigation to super- vise, 892. Fee for, 8136-8138. Foreign vessels, 7712, 7735, 7766. Mode of, 7727-7729. Passenger compartments, 8012. Registered abroad by consular officers, 7709a. Regulation by commissioner of navi- gation under direction of secretary of treasury, 7733. Remeasurement not required, 7731. Sufspension of provisions, 7707a. Tonnage ascertained how, 7730. Vessels under 20 tons, 8080. Wood purchased for public service in District of Columbia, 6838–6840. MEASURERS . Customs, appointment at ports tempo- rarily established in case of insur- rection, 10.156. w Employment by collectors, 5359. Expense of measuring when measure not stated in invoice, 5618. Extortion, penalty, 5377, 5378. Merchandise gauged or removed from wharf, 5574. Return of goods measured, 5582. Superintendent by surveyors, 5365. Wood purchased for public service in Dis- Boys, ap- trict of Columbia, 6838–6840. MEASURES - See Weights and Measures. MEAT See Secretary of Agriculture. Customs duties on, 52910228, 229). MEAT INSPECTION Animals before slaughtering, 8681(1). Appropriations, estimates, statement as to persons employed, etc., 8681(22), Permanent, 8682. Bacon for export, 8683. Carcasses, etc., brought into slaughter- ing, packing, etc., establishments, 8681 (3) - Careasses, etc., of cattle, etc., meat Of §ºn is intended for export, 8681 13 - ~~ - …” GENERAI, INDEX [Page 2492] [References are to sections, except where otherwise indicated.] MEAT INSPECTION (Cont'd) Carcasses (Cont'd) - Certificate of condition, 8681(14). Clearance to vessels, waiver of certifi- cate, 8681(15). Inspectors, appointment, certificate of condition, etc., 8681(14). Carcasses at slaughtering, packing, establishments, 8681(2). Carcasses of diseased animals, 8681(1). etc., slaughtered in nighttime, 8681(7). Cattle, meat of which is intended for ex- port, 8709. Cattle, sheep, etc., intended for export, 0). Certificate of condition, 8681(11). Clearance of vessel, waiver of certifi- cate, 8681(12). Inspectors, appointment, certificate of condition, 8681(11). Certificates of inspection, 8713. Condition of cattle, etc., and meat thereof intended for export, 8681(14). Salted pork or bacon, 8683. Clearance of vessel not to be granted without certificate of inspection of cat- etc., tle, 8709. Curing establishments, transportation of condemned carcasses, etc., penalty, 8715 Destruction or food purposes, carcasses, etc., condemned, 8681(2). Condemned products, 8681(4). Diseased animals to be slaughtered Sepa- rately, 8681(1). Imported meat subject to, 5291ſ545). - Inspeº ºppointment 8681(4, 11, 14, 9), 8709. - Authority, 8681(4). Bribery, etc., 8681 (20). Certificates, condition of cattle, etc., intended for export, 8681(11). Copies, filing, delivery, 8681(16). Destruction for food purposes of con- demned food products, 8681(4). Discharge, for accepting bribes, etc., 8681(20). Duties, 8681 (19). Marks, etc., of inspection, 8681(4). Removal from slaughtering, etc., tablishments, 8681 (2, 4). Supervision of canning, etc., 8681(5). Marking, labeling, etc., 8681(2), 8711. Fol ging, alteration, etc., 8681(9), 8683. Receptacles or coverings of products inspected and passed, 8681(5). Transportation of carcasses, meat food products, etc., not inspected and marked, 8681(8). Meat products, of cattle, etc., slaughtered in nighttime, 8681(7). Issued from and returned to slaugh- tering, etc., establishments, 8681(3). Penalties, 8681(18, 20, 21), 8711, 8712, 8715. IPreservatives, 8681 (4, 19). Provisions not applicable to farmers, re- after entry, €S- tailers, etc., 8681(21), 87.14. Inspection notwithstanding exception, 8681 (21). Regulations by Secretary of Agriculture, 8681(19), 8711. Reindeer, provisions of act extended to, 8681a. Re-inspection, 8681(2). Rejection of meat or products unfit for food from insanitary conditions, 8681(6). Sale or transportation of products unfit for food, 8681(21). Sales under false names, 8681(5). Salted pork and bacon or export, 8683. Sanitary inspection and regulation of Slaughtering, packing, etc., establish- ments, 8681(6). At slaughter houses, etc., 8710, 8711. Trade-names, 8681(5). Transportation, carcasses, meat food products, etc., not inspected and marked, 8681 (8). Condemned carcasses, etc., regula- tions to prevent, 8715. Unsound carcasses, penalty, 8712. Transportation or sale in interstate com- merce without complying with act pro- hibited, 8681(17). MEAT INSPECTION ACTS See Meat Inspection. Text of act, 5319, 8681–8684, 8686–8689, 8731. MECHANICAL PURPOSES TJse of mails for advertisement of intox- icating liquors, 10387e. MECHANICS See Artificers ; Chief Mechanics. Appropriations for compensation, 6765. Army, pay, 2144, 2144a. 44a, Appendix p. 1759. Artillery, pay, 2150. . Cavalry, machine gun troop, 1718. Coast artillery company, 1732. Number, 1731a. Employment by Indian tribes, 4016. Dººtinuance When unnecessary, 4017. Executive Department, employment only ; specifically appropriated for, 249, Field artillery, 1736a. Infantry regiment, 1738a. Library of congress, employment by Su- perintendent of library building and grounds, 134. Medical department, 1829a. Navy, enlistment, 2571. Service schools, 2017. United States disciplinary guard, extra duty pay, 2161a. MECHANHCS’ LIEN ACTS See Public Works. Public Works, 6923. MECHANICS’ LIENS See Lie??.S. MEDALS AND DECORATIONS Army service, 1937–1941e. Award to members of forces of allied nations, 1943!, Appendix p. 1753. Award to naval officers for distinguished service, 2715a. Board to review awards, 1940a. Decorations awarded by allied govern- ments to members of military forces of United States, 1943k, Appendix p. 1753. Distinguished service crosses, additional pay, 1943d, Appendix p. 1752. Award by commanding generals, 1943i, Appendix p. 1753. Bars or stars for additional acts of valor or citations, 1943e, Appen- dix p. 1752. Expenditure for, 1943f, Appendix p. 1752. Rºggins lost, 1943g, Appendix p. 1752. barracks Time limit on award of, 1943h, Appendix p. 1753. * Rºditure for, 1943f, Appendix p. 1752. Rºsing lost, 1943g, Appendix p. 752. Time limit on award of, 1943h, Ap- pendix p. 1753. To whom presented, 1943b, Appendix p. 1752. Distinguished service medals, additional pay, 1943d, Appendix p. 1752. Award by commanding generals, 1943i, Appendix p. 1753. Bars or stars for additional acts of valor, or citations, 1943e, Appen- dix p. 1752. - Expenditure for, 1943f, Appendix p. 1752. 4- Replacing lost, 1943g, Appendix p. 1752. Time limit on award of, 1943h, Appendix p. 1753. * Expenditure for, 1943f, Appendix p. 1752 1943g, Appendix p. Replacing lost, 1752 Time limit on award of, 1943h, Ap- pendix p. 1753. To whom presented, 1943c, Appendix p. 1752. Duplicates furnished when lost, 3267. Foreign government, T)epartment State to receive for officers, 3269. Foreign, officer receiving, not to Wear publicly, 3268. Honor roll, 1941a–1941e. Life saving service, 8544-8547. Additional token of honor, 8546. Volunteer crews, 8540. of Medals of honor, additional pay, 1943d, Appendix p. 1752. Award by commanding generals, 1943i, Appendix p. 1753. Bars or stars for additional acts of valor or citations, 1943e, Appen- dix p. 1752. - Expenditure for, 1943f, Appendix p. 1752. - e Rºins lost, 1943g, Appendix p. 1 MEDALS AND DECORATIONS (Cont'd) Medals of honor (Cont'd) Bars or stars for additional acts of Valor or citations (Cont'd) 1943h, Time limit on award of, Appendix p. 1753. Fººdture for, 1943f, Appendix p. o Replacing lost, 1943g, Appendix p. 1752. Time limit on award of, 1943h, Appen- dix p. 1753. To whom awarded, 1943a, p. 1752. Militia, 2026c. National and other, mint, 6522. Money from, to be covered into Treas- ury, 6523. National guard members serving in war With Spain or on Mexican border in 1916, 1943rm, Appendix p. 1753. Pensions, 1941c-1941e. Rosettes, enlisted reserve corps, 1892e. Rosettes and ribbons to holders, 2714. Saving life on railroads, 8648–8650. Seamen of navy, 2559, 2713–2715. Unlawful wearing of decorations of for- #. government, 76.78%, Appendix p. Appendix Imay be struck at Volunteer forces, medals of honor, 2026c. Wearing medals or decorations awarded by allied nations on entry into mili- tary service of United States, 1943j, Appendix p. 1753. MEDALS OF HONOR, ACT See Medals and Decorations. Railroads, 8648–8650. MEDIATION See Arbitration ; Board of Mediation and Conciliation ; Com/missioner of Mediation and Conciliation. MEDICAL CORPS See Medicine and Surgery. Army, composition, 1807. Detail of officer to American Red Cross, 1839, 1839a. Lieutenants, promotions, to captain- cies of first lieutenants, 1808a, , Promotion, examination, 1810. Navy, relative position of officers in, with reference to precedence or promotion, 2701b. MEDICAL DEPARTMENT See Medicine and Surgery. MEDICAL DIRECTORS See Medicine and Surgery. MEDICAL EXAMINATION Alien passengers, 4289%i. Retired officers transferred to active list, 2073a, 2073aa. MEDICAL INSPECTORS See Medicine and Swºrgery. MEDICAL OFFICERS See Medicine and Surgery. MEDICAL RESERVE CORPS See Medicine and Swºrgery. MEDICAL SERVICES Employés injured in service, expenses of, 8932e. Persons injured in military or naval serv- ice, 514r, 514rr, MEDICATTED COTTON See Cottom. MEDICINAL PURPOSES Intoxicating liquors in Porto Rico, 3803aa. Use of mails for advertisement of intox- icating liquors, 10387e. MEDICINE AND SURGERY See Dental Corps ; Drugs. Army medical department, articles of war, officers and men serving with Imarines attached for service With army subject to, 2948a. Assistant Surgeon General, appoint- ment, 1806a, Appendix p. 1747. Rank, 1806a, Appendix p. 1747. Brigadier generals, appointment, 1806b, Appendix p. 1747. Bulletins of surgeon general for in- struction of medical officers, publi- cation, 7135a. Cº.; of Staff to have Supervision, Composition, 1806. Contagious diseases, gratuitous cloth- ing to soldiers and hospital attend- ants, 2180. º Contracts for supplies, etc., reduction to writing, 6853c. GENERAL INDEX IPage 2193] [References are to sections, except where otherwise MEDICINE AND SURGERY (Cont'd) Army medical department (Cont'd) Contract surgeons, part of, 1806. Cooking by enlisted men, superintend- ence, 1837. - Cooks, 1829a. 1829a, Appendix p. 1747. Corporals, 1829a. 1829a, Appendix p. 1747. Dental corps, part of, 1806. - Disbursing officers, payments in settle- ment of transactions with other de- partments, 6622b. - Dispensary assistant, 1829a. 1829a, Appendix p. 1747. Enlisted force, not counted as part of enlisted force of army, 1829a. 1829a, Appendix p. 1747. Number, 1829a. - 1829a, Appendix p. 1747. Transfers to, 1829a. 1829a, Appendix p. 1747. Farriers, 1829a. Designation, changed to stable sergeant, 1829a, Appendix p. First lieutenants, eligibility for ap- pºtment as, 1807aaa, AppendiX p. 7. To furnish supplies to Soldiers’ Home, 9235. Head of, 1899f. Horse-shoers, 1829a. 1829a, Appendix p. 1747. - - Hospital Corps engineers, pay, 2144. Hospital Corps, enlisted men of trans- ferred to, 1829a. 1829a, Appendix p. 1747. Enlistment of privates, 1823. Re-enlistment, 1891. Sergeants, pay, 1829a, 2144, 2144a. 1; 2144a, Appendix pp. 1747, 1759. Stewards, quarters, 1985. Hospital matrons, 1830. Pay, 2142. Lieutenants, 1833a. Major generals, Appendix p. 1747. Master hospital sergeants, 1829a. Pay, 2144a. 2144a, Appendix p. 1759. Mechanics, 1829a. 1829a, Appendix p. 1747. Medical Corps, 1807–1813. Appointment of officers, limitation, 1807a. Captains, rank, 1815a. Composition of, 1807. contrºl Surge OnS, 1 - 2. Authority, 1813. Detail of officers to American Red Cross, 1839, 1839a. Sergeants to national guard, 74a. Examination for appointment, 1809. Examination for promotion, 1810, 1811. Members of retiring board, 2054. Officers, age limit, 1807b. Discharge upon reduction of enlisted strength of army, 1807a. Number, 1807a. Promotion; , 1807a. appointment, 1806b, appointment, Limitation, 1807a. Qualifications, 1807a. Promotions, 1808. Appointments to fill vacancies in grades, 1808. Examination, 1810, 1811. Rank of captains, 1815a. Retirement for disability, 1810. Medical inspectors, detail, 2026i. Medical Museum, facilities for research accessible to students, etc., 9882, Medical purveyor, bond, 1966. Medical reserve corps abolished, 1881a. Active duty, 1817. - Forfeiture of commission on re- fusal, 1817. Appointment, 1816. Authority, 1816. Discharge from corps, 1817. Discharge of members, 1881a. IExaminations for appointment in medical corps, 1817. Government employés restored to duty after service, 32.15a. Officers, on active duty subject to army regulations, 1818. COMP.S.T.’18—138 MEDICINE AND SURGERY (Cont'd) Army medical department (Cont'd) Medical reserve corps abolished (Cont'd) Officers (Cont'd) Distribution in grades, 1816a, Appendix p. 1747. Pay and allowance, 1818. Pensions, 1818. Rank of officers, 1816. Retirement, 1818. Officers, 2049. . Transfer of members, 1881a. Medical supplies, sale to civilian em- ployés, 1962. - Nurse corps, 1831, 1832. Allowances, 1832g, 1748. Appointment and removal of mem- bers, 1832d, Appendix p. 1748. cºsition of, 1832b, Appendix p. Appendix p. Lºgº absence, 1832f, Appendix 748 - []. * Pay, 1832e, Appendix p. 1748. Rules and regulations for, 1832c, Appendix p. 1748. pendix p. 1748. Superintendent, pay, 2110. Nurses, 1829a. - 1829a, Appendix p. 1747. Officers, distribution in grades, 1807aa, Appendix p. 1747. • Duties, 1836–1838, Qualifications, 1806. Right of command, 1835. Part of army, 1717, 1717a. Pay, 2144, 2144a. Privates, 1829a. 1829a, Appendix p. 1747. Rank of officers, 1815. Rations, superintending cooking, 1837. Red Cross Association, sale of supplies to, 1963c. - Re-enlistment in time of hostilities, Iimit, 1891. Bounties, 1891. Saddlers, 1829a. 1829a, Appendix p. 1747. Sales of supplies, application of pro- ceeds, 1963. - To civilian employés, 1962. To Red Cross Association, 1963c. Sergeants, 1829a. 1829a, Appendix p. 1747. Pay, 2144a. sº sergeants, 1829a, Appendix p. 7. Surgeon, detail as member of advisory board of hygienic laboratory, 91.41. Surgeon-general, appointment, 1881. Surgical assistant, 1829a. 1829a, Appendix p. 1747. Transfers to enlisted force, 1829a. 1829a, Appendix p. 1747 Veterinary corps, part of, 1806. Volunteer forces, force attached to, 2026c, Organization, 2026c. Volunteer officers not to exercise com- mand, 2026i. Volunteers, appointment of, 1818. Navy medical department, allowance to officers for expenses, 2888. Bureau, 622. Appropriations for, , report of ex- penditures from, 649. Assistant, pay, 642. Chief clerk, salary, 614. Chief, eligibility, 641. Rank and title, 2665. Retired, rank, 2645. Detail of assistant, 642. Establishment, 622. Dental Corps, 2500–2512. Part of medical department, 2500. 2511e, Appendix p. 1761. - Medical corps, advancement of lower grades officers, 2701a. Appointments in, 2493-2497. Assistant surgeons, appointment, 2494-2497. Number, 2483, 2491, 2492, 2495. Pay, 2495, 2496. Rayık, 2483 2495,2496, 2498. Detail for duty with military relief division of red cross association, 2498a. Directors, number, 2491. Rank, 2668 Distribution of commissioned offi- cers to, 2483c-2483e. Increase in number, 2492a. Repeal of sections 1831, 1832, Ap- indicated.] , , | MEDICINE AND SURGERY. (Cont'd) Navy medical department (Cont'd) Medical corps (Cont'd) Inspectors, number, 2491. Rank, 2668. Members of retiring board, 2627. Number of commissioned officers, 2483b. - Nºers in active list, 2483, 2491, 492 Passed assistant surgeons, appoint- ment, 2496, 2497. Number, 2483. 2491, 2492. Rank, 2668. Authority to exercise military command, 2682. Retirement, 2647. Surgeons, number, 2483, 2491, 2492. Promotions, 2497. Medical Reserve Corps, enrollment of members in Naval Reserve Force, 2900%a (26%), Appendix p. 1766 Laws relating to repealed, 2499a, Appendix p. 1761. - Part of medical department, 2499. Purchases of medicines by Secretary, not subject to provisions as to ad- vertising, 6869. Surgeons, assistants, rank, 2668, 2669. Rank, 2668. - -, Retirement, 2623. & Pension—Office, examining Surgeons in, 731. Medical referee in, 731, 9105. . Purchases of medical and hospital Sup: plies, contracts for in War and iWavy Departments, without adver- tisement, 6850. Without appropriation, 6885. MEDICINES tº: See Opiu,777. Customs duties on, 5291016-19). Exportation, 5723. Drawback of internal revenue tax On alcohol, 5724. Importation of adulterated drugs prevent- ed, 5356. Imported, appeal from examiners’ return, 5625 Examination, 5622. Examiners, oath, 5355. Return of, 5624. Manufacturers’ name to be affixed, Re-exportation or destruction for adul- teration, 5626. Special examiner of, at 5627. Internal revenue tax on, 6309%a, 6309%b. Manufacture of medicinal prepara- tions, perfumery, cosmetics, etc., bonded warehouses, 6339, 6340. Payment, vendees or lessees in cer- tain cases, 6348b. 'When held or intended for sales, 6309% c. Merchant vessels to be provided with, 8358, 8359. - Militia, Supplies for training camps, 3071b. Purchases for war and navy departments, 6850, 6869, 6885. Sale of opium, wine, or spirits to natives of certain Pacific islands for medical purposes, 10481, 10482. Viruses, serums, etc., 8785. New York, domestic animals, Prevention and cure of diseases of man, 8778–8784. MELTER AND REFINER, See Mints. MEMBER BANKS See Federal Reserve Banks. Defined, Federal Reserve Act, 9785. MEMBERS OF CONGRESS See Congress ; House of Representa- tives ; Senate. MEMOIRS - Academy of Sciences, number of copies, distribution, 7078. Geological Survey, distribution of, 7.150. MEMORIAL DAY * Holiday, government printing office, 7010. Within act authorizing compensatory time to post office clerks and letter carriers, 7239a. . For per diem employees, 3245. MEMORIAL HALL West Point, 2281. GENERAL INDEX . . . [Page 2194] [References are to sections, except where otherwise indicated.] - MERCANTILE COMPANIES See Corporations. . . MERCHANIDISE . . . See Customs Dºwties and related top- ics; Drawback: ; Entry of Merchan- dise ; Ea:ports and Easportation : Im- ports and Importation ; Invoices ; Transportation. - - Abandonment after entry, relief from du- ties, 5602. - Appraisal, 5589-5637. - Ascertainment of cost of production, 5592. Bond and warehouse system, 5638-5694. Carrying by rural free delivery service carriers, 7296. Certificate of consular officer, prohibited When, 3.174. Classification, review by Court of Customs Appeals, 1186. - For trade-mark registration, 9512. Deemed property of consignee, 5519. Definition, 5462. . - Deposit and removal at quarantine, 9153. - Entry, 5462–5554. - - Internal revenue tax on, 63.18a, 6318h. Exported, owners, who deemed to be. 5760. False stamping of articles made of gold or silver, 8805–8811. Foreign, forfeiture for transportation by vessels in coasting trade without compliance with the requirements as to manifests and permits, 81.13. Manifest for registered vessel carrying from one district to another, 8114. Pºſt to touch at foreign port, 8117, 8118. - Transportation across New Jersey, and Delaware, 8115, 8116. , Transportation by vessels engaged in • coasting trade, 8112, 81.13. Between neighboring districts, 8101–8104, 8109. Between remote districts, 8105–8109. Immediate transportation in bond to in - land ports, 5695-5709. Licensed yachts not to carry, 7804. Seizure for forfeiture, 1549. Bailing property seized, 1564. Costs, 1611. Smuggling, penalty, 5548. State quarantine laws to regulate import- ed, 9155. Transportation by vessel, 80.16-8035. Between ports of United States in for- eign vessels, prohibited, 8097. Trans-shipment of imported merchandise for immediate transportation, 8098. warehouse in TJnlading, 5555–5558. MERCHANT MARINE Purchase of ships, etc., or emergency, 3115/16a–3115/16d. War risk insurance, 514a–514.jj. MERCHANTS 'Defined, 4293, 4324. Immigration, 428914b. MiGRCHANT SEAMEN * See Masters of Vessels ; Sailors ; Ship- ping-Convºmissioners. Desertion, see Deserters. Mwtiny, see Mutiny. Refundment of fines, penalties, and forfeitures imposed wºnder lanvs relat- ing to, see Fines and Penalties ; For- feitures. Shipping articles of, see Shipping-Ar- ticles. Unseaworthy vessels, see Unseaworthy | Vessels. Able seamen, certificates of service, 8363a. Rating as, examinations thereof, 8363a. Who are, 8363a. Aliens, deportation of seamen landing con- trary to law, 4289%.s. Landing of excluded aliens employed on vessels, 4289%r. Landing to allow 4289141 r. - Paying off or discharging excluded aliens, 4289%rr. Naturalization, 4352(7, 8, 13). Seaman defined, 4289%a. Signing of ships’ articles with intent to violate immigration laws, 4289% go. Apprentices, 8138, 8298, 8299. Form of agreement, 8392. Ocean mail vessels, 7537. Wages, exemption from attachment or arrestment, 8325a. . . - Arbitration of disputes, 8343, 8344. Cadets on Ocean mail vessels, 7537. reshipping, in time of War MERCHANT SEAMEN (Cont'd) Care of when sick or disabled, 9134. Carrying sheath-knives prohibited, 8389. Certificate of citizenship, 8375, 8376. - Clothing, 8361-8363. - Exempt, 8293. . . . . g Forfeiture by desertion, 8385. Coastwise trade, etc., 8291-8293. Shipping-articles, 8311, 83.12. #enalty for shipping without, 83.12. Contracts, stipulations releasing right to partial payment at ports Void, 8322. Crew, requirements and qualifications, 63a. - - Requirements and qualification, ves- sels subject, 8363a. Debt contracted during voyage, 8326. Destitute seamen, consular officers not to receive profit from, 3177. - Fund for relief of, 8384, 8389, 8390. Loss of vessel, seamen considered des– titute and to be transported to place of shipment, 8317. - Transportation and subsistence, 8368– 8370. - Transportation to place of shipment, 831 HDischarge, 8338-8342. Account on, 8339. Certificate of, 8340. Certificate of character, 8342. Coastwise trade, etc., 8293. Consular officers, not to receive profit from, 3177. Penalty for neglect of duty by, 3.194. Examination of witnesses and produc- tion of evidence in proceeding be- fore shipping commissioner, 8344. Excusing production on return of Wes- sel, 8367. Fees, 8138, 8392. Mode, 8338. - Rules for settlement, 8341. Sending incapacitated seamen to curl- sul for discharge, 8372. Unseaworthiness of vessel, 8350. Violation of act relating to perform- ance of work, 8363b. . Wages, 8318. & Discharge by consular officer, 8371- 8372. Discharge in case of sale, 8373. Discharge on complaint of seaman, 8374. Drunkenness, penalty, 8383. Effects of deceased seamen, 8327-8334. Consular officers’ duties, 8330. Disposition of, 8327. T)istribution, 8333. Penalty for neglect in regard to, 8329. Proceedings in regard to, 8328. Unclaimed, 8334. - Exemptions, clothing, 8293. Consular fees, 3176. Militia duty, 3043. Fees, for discharge, 8138, 8392. Schedules, C, D, 8392. sºns commissioners, 379. Fellow-servants, seamen in command not fellow-servants with those under them, 8387 a. Foreign, admission to hospitals, 9193, 9194. Arrest and commitment in case of dispute, 7629-7631. Arrest and return for desertion, 10129. Foreign voyages, laws applicable to voy- ages between Philippines and United States, 3905. Tuel, 8361, 8362. Fund for relief of disabled seamen, 8384, 8389, 8390. Holidays not to do any unnecessary work on, 8363b. Hours of labor when in harbor, 8363b. Insubordination, duty of consular officers to discountenance, 8382. List of crew, 8364-8367. Entry by consular officers, discharging seamen for offense, 8382. Fee for, 8.138. Rept by consular officers, 3161. Production of list and crew on return of vessel, 8367. Rules a.s. to, 8366. Lodgings, penalty for Soliciting lodgers, 8388. : 8138, 8377– and destitute Log books, entries concerning, 8036. Entries signed by, when, 8037. Medicines, 8358-8359. - : Penalty for failure to keep, 8389. Naturalization of, 4352(7,8). IERCHANT SEAMEN Neglect of duty, 8383. . Offenses and punishments, 8380-8392. Abandonment in foreign port, 10468. Absence without leave, 8380. Agees and allotments of Wages, (Cont'd) Assaulting master or mate, 8380, 10467. Boarding vessel before arrival, 8387. Breach of shipping-articles by, 8313. Carrying sheath-knives, 8389. Charges for inspection of vessel, re- fusal to pay, 8352. . Clothing and fuel for seaman, failure to provide, 8361. * Confining master, 10480. Corporal punishment prohibited, 8391. Crew, failure to produce on return of vessel, 8367. - Crew list, failure to carry, 8366. Damaging vessel stores or cargo, 8380. Detention of clothing of, 8293. Desertion, 8380. - - Enticing, 10206. Discharge of seamen, 8338, 8339. Disobedience, 8380. Drunkenness, 8383. Embezzlement, 8380. - False affidavit to procure certificate as able seamen, 8363a. Fees, taking unlawful, 8379. Flogging, 8391. - Forfeitures, enforcement of, 8384, 8385. Inquiry by consular officers, 8382. Limitations, 8390. - Log book, entries on commmission of offenses, 8381. Maltreatment by officers, 10464. Medicines, failure to provide, 8359. Neglect of duty, 8383. By consular officers, 3.194. To proceed to sea, 8380. Proceedings by consular officers where officers or seamen are accused, 8382. Quitting vessel, 8380. - Rºery of penalties and forfeitures, Reimbursing master, costs of convic- tion, 8386. Remission of fines, penalties, and for- feitures, 10136. Revolt or mutiny, 10466. Inciting, 10465. Running away with or yielding up vessel or cargo, 10479. Sailing of unseaworthy vessel, 8350. Seamen’s claims, failure to appear or produce evidence relating to, 8344. Shanghaiing, penalty, 10250. - sºns articles, failure to carry, Shipping without agreement or arti- cles, 8304, 8305. Slop-chest, failure to provide, 8363. Smuggling, 8380. Soliciting seamen as lodgers, 8388. Stores, neglect to provide, 8353. Wages, refusal to pay, 8352. Weights and measures for provisions, failure to provide, 8360. Panama Canal Zone, laws applicable to, 10051 i. Pay when sent home from foreign ports, etc., as witnesses, 1456. Personal injuries, fellow-servants, seamen in command not fellow-servants with those under them, 8337a. Protection and relief, 8343-8376. Certificate of protection, fee for, 8138. Quarters for, on vessels of United States, 7730, 7732, 7734. Reports of Collectors, abstract of for Con- gress, 305. : - Reports of impressments and detentions for Congress, 305. Seamen, defined, 8392. Seaworthiness of vessel, 8345–83.50. Appointment of inspectors and exami- nation of vessel in foreign port, 8348–8351. Payment of charges for inspection, 8351, 8352. Appointment of surveyors and exami- nation of vessel, 8345, 8346. - Discharge of Seamen on account of unseaworthiness, 8350. Forfeiture of wages for refusal proceed when vessel found worthy, 8347. . Penalty for sailing vessel, 8350. Selective draft, 2044d. Shanghaiing, 10250. to Sea- of unseaworthy GENERAL INDEX Vessels of United States, [Page 2195] [References are to sections, except where otherwise indicated.] MERCHANT SEAMEN (Cont'd) Sltipment, apprentices, 8298. Coastwise trade, etc., 8292, 82.93. Foreign ports, 8307–8309. Shipping articles, 8300-83.12. Wºº in case of unlawful shipments, Shipping articles, 8300–8312. To be carried on vessel, 8366. Coastwise trade, etc., 8293. Form, 8392. Rules for signing, 8302. * Shipping commissioners, 8287-8297. Approval of allotment of wages, 8323. Arbiter, 8343, 8344. - Discharge of seamen, 8338-8342. Examination of provisions, 8354–8355. Fees, 8138, 8377-8379. Powers in Panama Canal Zone, 10051 i. Wages and effects of deceased seamen, 8328, 8331, 8332. Slop-chests, 8362, 8363. Stores and provisions, 8353-8357, 8360. Allowance for reduction, 8357. Complaint, 8345–8347. Examination of, 8354. Forfeiture for false complaint, 8355. Increase of daily allowance of butter, 8392a. Water, 8392a. Neglect to provide, 8353. Permission to enter complaint, 8356. Scale of provisions to be allowed, 8392. Substitutes, 8392. Weights and measures, 8360. Suits, by without prepayment of or bond for costs, 1630a. 1630a, Appendix p. 1746. Summary trials for certain offenses against navigation laws, 8046-8050. Sundays not to do any unnecessary Work on, 8363b. - Superintendence by Commissioner of Nav- igation over, 891. Tobacco, 8362. - Treaties, arrest and imprisonment of de- serting seamen, abrogation, 8382a–8382c. COmpartmentS for use of crew, 7730, 7732, 7734. - V; to passengers’ quarters forbidden, 800 Wages, advances and allotments, 8323. Aºyance for reduction of provisions, 357. & Application to costs of conviction, 8386. Canal boats not to be libeled for wages of employés, 7996. Commencement, 83.15. Consular officers not to receive profit from, 3177. Damages and penalty for refusal to play, 8352. • Debts contracted during voyage, 8326. Deceased seamen, consular officers’ duties, 8330. Distribution of money, 8333. Mººr's statement of sum due, 27. - Payment to court, 8332. Pººlent to shipping-commissioner, 31. . Penalty for neglect in regard to, Proceedings in regard to, 8328. Unclaimed wages, 8334. Deduction, for inspection and damages when vessel found seaworthy, 8351. - - For inspection of vessel in foreign port, 8351 When vessel found seaworthy, 8346. On discharge, in case of sale, 8373. On complaint of seaman, 8374. By consular officer, 8371, 8372. Payment, account and rules for settlement, 8338-8341. *; unseaworthy vessel, 8350, Enforcement of forfeitures, 8384, 8485. Examination of witnesses, 8344. Exemption from attachment or arrest- ment, 8325a. g Extra, 8371-8374. Forfeiture, , desertion, disobedience, damaging vessel, etc., 8 Failure to make yoyage, 8313. Refusal to proceed on voyage when vessel found seaworthy, 8347. Improper discharge, 8318. Libel for, 8336. - Lien for, 8324. . Not dependent on freight, 83.16. Payable in gold, 8337. Wages (Cont'd) MERCHANT SEAMEN (Cont'd) Payment, 8320-8322. . Advances and allotments, 8323. Deceased seamen, 8327-8334. Partial payment at ports, 8322. Time for, 8320. . Penalty for neglect to collect, 8372. Penalty for refusal to pay on dis- charge, 8352. Shipment contrary to law, 8314. Shipping-articles to specify, 8300. Suits by seamen without prepayment of or bond for costs, 1630a. Summons for nonpayment, 8335. Suspension, 8319. Table of reduction, Schedules, E, 8392. Termination by loss of vessel, 8317. Vºls engaged in taking oysters, War risk insurance, 514a–514v.v. Watches, discharge for violation of act relating to performance of work, 8363b. . - - Requirements as to performance of work, 8363b. Witnesses, compensation, 1456. MERCHANT WIESSELS See Clearahce of Vessels ; Enrollment of Vessels ; Entry of Vessels; Foreign Vessels : Licensed Vessels ; Log-Books ; Measurements ; Merchant Seamen ; Navigation : Pi- racy Recording of Vessels ; Regis- try of Vessels ; Tonnage and Ton– mage Duties; Vessels. Discriminating duties, see Discrimina- tion. Light Money, see Lighthouse Service. MERIDIAN LINES Establishment, 4457. MERIT Certificates of, in army, 1942. MESA WERDE NATIONAL PARK Boundaries extended, 5238. Control, 5239. Donation of patented lands, etc., in, 5242a. Establishment, 5237. - Examinations, excavations, and gathering of objects of interest within park, 5240. Leases and permits, 5242. Preservation of ruins, 5239. Regulations, 5239. Removal, disturbance, destruction, of ruins, mounds, etc., penalties, MIESNE PROCESS Discharge from arrest or imprisonment on, 1637. Collision ; etc., 5241. Forms of, in equity and admiralty caus- es, 1536 MESSAGES See Telegraphs and Telephones. Enemy, punishment for receiving, 2965(5). MIESSENGERS Army, pay in Philippine service, 2097a. Assistant treasurers, offices of, 6591-6601. |Bureau of Standards, salary, 925. Census office, 913. Additional, during census period, 918. Children's Bureau, 966. Circuit courts of appeals, 1119. Compensation, 1410. For eighth circuit to perform duties of librarian and crier, 1340. Civil Service Commission, employment and salary, 3274. Civil Service, punishment for offenses connected with, 3276. Coast and Geodetic 8561a. - Commissioner of Internal Revenue, office of, & Court of Claims, 1130, 1131. Court of Customs Appeals, 1183. Compensation, 1184. Customs, New York, not to engage in business, 5630. Delivery of lists of electoral votes, 209, 213, 214. Detail of messengers at headquarters, military departments, etc., to bureaus in War Department prohibited, 317. District attorneys, southern district of New York, 1439 |Employment, 7285. Executive Departments, assistant, author- ity to employ, Assistant, employment only as Spe- cifically appropriated for, 249, 250. Authority to employ, 248. . . Survey, salaries, MESSENGERS (Cont'd) Executive Departments (Cont'd) Employment only as specifically ap- propriated for, 249, 250. Salaries, 246. Interior department, 669. Legation in Paris, allowance, 3135. Library of congress, employment by su- perintendent of library building and grounds, 134. Mail messengers, 7506. Designation of postmaster as disburs- ing officer for purpose of payment of, 7214a. Tºportation on Ocean mail vessels, Mail route messengers, badges, 7251. Marine Corps, 2941. - Medical reserve corps, restoration to du- ty after service, with, 32.15a. National guard, restoration to duty after service with, 32.15a. Postal service, services on Sundays or holidays, 7239c. Postmasters-general, 572. Post-Office Department, special delivery, payment to legal representative when killed on duty, 7246b. Topographer’s office, pay-rolls of, 600. Post-Offices, salaries, 7231. First and second class, hours of labor, 7238b, Appendix p. 1785. President, appointment, 227. Salary, 227. - Public printers’ office, 6983. Special delivery messengers, 7285-7292. Supreme Court, appointment, compensa- tion, 1200. - Territorial Legislative assembly, 3451. MESS-SERGEANTS Army, pay, 2144, 2144a. Cavalry, troop, 1718. Coast artillery, number, 1731a. | Engineer corps, 1842a. Field artillery, 1736a. Infantry regiment, 1738a. Pay, 2144a. 2144a, Appendix p. 1759. METAL - - Customs duties on, 52910102-167). Embezzlement by mint officers, 10836. METERS Distilleries, breweries, etc., 6017a. METRIC, SYSTEMI Authorized, 8899. Balances furnished certain post-offices, 7334. - . Equivalents, 8899. METRIC SYSTEM ACT See Metric Syste???. Text of act, 8898, 8899. - METROPOLITAN POLICE FORCE Watchmen of Agricultural Department to have powers of, 834. MEXICAN GRANTS Falsely dating, etc., instrument relating to, in California, 51.17-5119. MEXICAN WAR See Pensions. Bounty lands, 4830-4859. Cemetery for soldiers, etc., 9374, , 9375. Certificate of discharge in lieu of lost or destroyed certificate, 620. Nationai Home for Disabled Volunteer Soldiers, 9260, 9264a. Naval records, custody of, 618. Pensions, 9036. - Persons engaged in rebellion not ex- cluded, 9040. . - Persons 62 years of age, 8964–8966. Political disabilities, 9041. • - Previous pension laws made applica- ble, ate, 9034. - e **św. etc., of officers, etc., killed in, 9035. MEXICAN WAR, ACT See Meacican War. Text of act, 9034. MEX}{{CO Admission of tick-infested cattle from Mexico into parts of TeXaS, & Ambassador and secretary to, salaries, 7. - : * City, cemetery for United States soldiers, etc., 9374. . Regulations, 9375. GENERAL INDEX [Page 2196] * [References are to sections, except where otherwise indicated.] MEXICO (Cont'd) Exports to, merchandise in bonded ware- houses, 5687-5689. Not to be landed in United States, 5693. - Head taxes on aliens, entering from, 4289%aa. Imports in bond transported between TJnited States ports Over, Inspectors of customs on routes of ex- ports to, 5340. Landing stations for alien passengers from, 4289%ll. - lº on account of Mexican situation, 6829d. - Merchandise in transit to, exempt from requirements as to manifest, 881. Record of alien residents leaving through Mexico, 4289%g. Value of coins, recoinage, 6539, 6540. Withdrawal of imported goods from bond- ed warehouse for export to, extension of time, 5657 a. MIAMI INDIANS - Allotments in severalty, 4206, 4207. MICHIGAN Actions in, remand in admiralty, 1073. Appropriation for payment of percentage of proceeds of public lands in, 67.99642). Condémination of land for St. Mary's Falls Ship Canal to conform to prac- tice in, 9880. Deputy district clerks, 1073. Deputy marshals, 1073. District clerks, 1073. District court, terms, 1073, 1074. Judicial districts, 1073, 1074. Marshals, 1073. Mileage, 1073. - Michigan City harbor, Indiana, passage of vessels free of toll, 9839. Mineral lands, bona fide entries patented when, 4653. - Exempt from certain provisions of mining laws, 4653. Open to sale and pre-emption, 4653. Venue of actions, 1073. MICROSCOPICAL SPECIMIENS Sales of samples, department of agricul- ture, 832a. - MHCROSCOPIST Agricultural Department, salary, 793. Office of commissioner of internal revenue, appointment, salary, etc., 6226. MIDSHIPMEN See Ensigns ; Naval Academy. Enrollment in, fleet naval reserve force after honorable discharge, 2900%b (1). Naval reserve force after discharge, examinations, 2900%a (11). Naval academy, see Naval Academy. Navy, rations, 2877, 2879, 2880. - Title changed to ensign, 2472. MIGRATORY BIRDS Proclamation of President, 8837. Protection, 8837. 8837a-8837m, Appendix p. 1795. MILEAGE See Travel Pay and Eagpenses. Agricultural Department, mileage books for employes, 809. Alaska, members of legislature, 3531. Army officers, 2126-2132. Attorneys, 1378. Aviation section, officers and men of for- eign armies serving with, 1867 n. California. Débris Commission, officers of, Census enumerators not allowed, 4400. Clerks of courts, 1383, 1390. Common carriers may issue mileage tick- ets, 8595. Delegates in Congress, 35. . Phºent of by sergeant-at-arms, 98, Deputy marshals, execution or return of writs, 1391. Field deputy marshals, 1423. Travel without cost, 1392. Writs not executed, 1392. District attorneys, 1390. Engineer corps, officers employed on river and harbor works, 9876. Pºinine Surgeons in pension cases, a. Grand jurors, 1457. Hawaiian legislators, 3668. Inspectors of Steam-vessels, traveling ex- penses in lieu of, 8169. - Jurors, 1453, 1457. Porto Rico, 3803tt. MILEAGE (Cont'd) - Marine Corps officers, 2935. Not to receive when transportation furnished by government, 2935a. Marshals, 1386, 1390. Execution or return of writs, 1391. Michigan, 1073. - Travel without cost, 1392. Writs not executed, 1392. Members of Congress, 47. Certificate of, 49, 50, 52. Disbursement by Sergeant-at-arms, 100. . - Messengers delivering lists of electoral votes, 213 Naval force, enlisted men, 2858. Naval officers, 2843a-2850. Mileage books, 2847. . Not to be paid where transportation is furnished by government, 2850a. Officers of aviation section, 1867cc, 1867n. Officers traveling on aviation duty, 1867cce, Appendix p. 1749. Foreign army officers, 1867ccCC, Appendix p. 1749. Officers of ordnance department, 2.132a. Persons attending training camps, 3071c. Porto Rico United States District court, jurors and witnesses, 3790, 3803tt. Representatives and Senators, 35. Payment, 98. - Porto Rico, 3803!!. Resident commissioner of Porto Rico, 38030. - Senators, 35. Payment, 98. Porto Rico, 3803!!. Territorial Legislative Assembly members, United States District Judges sitting in district court of Panama Canal Zone, 10044. Witnesses, 1452, 1453. Attendance before United iff Commission, 5326g. Before Interstate Commerce Commis- sion, 8587. Registers and receivers, 4500. Fºl. Trade Commission hearings, 8836i. Giving depositions in proceedings be- fore registers and receivers, 4502. Letters rogatory for taking testimony for use in foreign countries, 7622. Naval court, 3036. Porto Rico, 3803tt. Under war risk insurance act, 514kkkk. Writs, for execution or return of, 1391. Travel expenses of attorneys, mar- shals, and clerks, 1390. MILITARY ACADEMY Academic staff, right to command, 2225. Accounts, examination of, by Auditor, 420. Adjutant, 2224. Pay, 2259. Appointment of officers and professors, 2 States Tar- Army composed in part of professors, cadets, army detachments and band at, 1717, 1717a. Artillery detachment, 2272. -: Assistant instructors, graduates, 2227. Pay, 2261, 2262. Assistant librarian, pay, 2269. Assistant professors, detail and assign- ment to duties, 2224. English and history, 2216, 2217. Graduates, 2227. Law, 2215. Leave of absence, 2253. Mathematics, 2212, 22.13. Modern languages, 2214. Ordnance and gunnery, 2216. Pay, 2261. Associate professors, rank, 2228. Band, 2270, 2271. . 2270, Appendix p. 1759. Competition with civilian musicians prohibited, 2271. Battalion sergeant-major, rank, pay and allowances, 2271a. 2275a, 2275b, Appendix p. 1759. Retirement, 2275a, 2275b, Appendix p. 59 - 1759. Board of Visitors, 2249-2252. Cadets, age of appointees, 2239. Appointment, 2230, 2230a. 2230c, Appendix p. 1759. Appointment as second lieutenant aft- er discharge, 2246a. Appointment in advance, 2238. Appointments to fill vacancies in grade of second lieutenants, 1920a. MILITARY ACADEMY (Cont'd) Cadets (Cont'd) Alſº of War, subject to, 2308a, a.I’t. 24. At large, 2230, 2230a. 2230C, Appendix p. 1759. Battalion, 2243. Computation of length of service, 1923. Courts martial, 2247 Hazing, 2248. - Credit for service in, computing length of naval officers’ service, 2619. Deficients, 2246-2246b. Discharge, appointment as second lieu- tenant, 2246a. District of Columbia, 2230. 2230c, Appendix p. 1759. Duty, 2244. Encampment, 2243. Engagement for service, 2242 Examination of candidates, Filipinos, 2234, 2234a. Hazing, 2248. Not eligible to appointment, as com- missioned officers in marine corps until after graduation of class, 2911a. Number, 2230–2230b. - 2230c, Appendix p. 1759. Oath, 2241. Pay, 2265, 2266. Porto Rico, 2230. 2230c, Appendix p. 1759. Appointment to Porto Rico regi- ment of infantry, 1753a. Promotions to corps of engineers, 1840, Rations, 2267. Cºutation, 2267a, Appendix p. Re-examination, 2246b. Residence of appointees, pendix p. 1759. Sunday, studies on, 2.245. Supplies furnished at cost, 2218. Time for admission, 2236. Training, 2243. Traveling expenses, 2268. Vºgies may be filled by President, Cavalry detachment, 2273. Chapel Organist and choir-master, allow- ances, 2219a. Chaplain, 2219. Pay, 2219. Commandant of cadets, 2206, 2221, 2223. Appointment, 2224. Pay, 2258. Selection, 2225. Commissary sergeant, 2276. Contingent fund, 2279, 2280. Custodian of gymnasium, 2220. Dental surgeons, detail to duty, 1834. Engineer detachment, 2274. Enlisted men, band, 2270, 2271. Extra pay, 2275d., Appendix p. 1760. Enlistment of engineer battalion to aid in giving practical instruction, 1844. Examination for commissions in volunteer forces, 2042. Existing laws to remain 1991a, Appendix p. Government in command of, 2222. Graduates not to be professors within two years, 2227. Promotion, 1914, 1920, 1920a. 1920a, Appendix p. 1751. |Use as instructors in citizens training camps, 3071d, Appendix p. 1768. Instructors, 2206. Assistants, 2261, 2262. Civilian instructors, Appendix p. 1759. Graduates, 2227. Leave of absence, 2253. Pay, 2261, 2263. Physical culture, 2263. Tactics of artillery, cavalry and in- fantry, 2223. Leaves of absence, 2253, 2254. Librarian, 2269. Pay, 2269. Library, congressional documents, .2256. Pºitory of government publications, Master of the sword, 2206. Instructor of physical culture, 2263. Pay, 2264, 2264a. - Rank, 2264a.” Memorial Hall, 2281. Musicians, 2270, 2271. Retirement, 2270. Music teacher, 2206. Officers authorized, 2206. Selection, 2225. 2237, 2240. 2230c, Ap- in force, 1991a. Quarters, 2207a, GENERAL INDEX [Page 21971 [References are to sections, except where otherwise indicated.] MILITARY ACADEMY (Cont'd) Order and purchasing clerk, retirement, 2273a, Appendix p. 1759. Overseer of waterworks, pay, 2277. Pay, adjutant, 2259. Adjutant’s clerk, 2275. Assistant instructors, 2261, 2262. Assistant librarian, 2269. Assistant professors, 2261. Band, 2270, 2271. Board of Visitors, 2251, 2252. Cadets, 2234, 2238, 2265, 2266. Appointment in advance, 2288. Commandant of cadets, 2258. Enlisted men employed, 2275. Band, 2270, 2271. Engineer detachment, 2274. Extra pay, 2275d, Appendix. p. 1760. Philosophical and chemical de- partments and lithographic of fice, 2275. Filipinos, 2234. Graduates, 2091. Leaves of absence, 2253, 2254. Librarian, 2269. Master of Sword, 2263, 2264a. Mileage to graduates, 2133. Musicians, 2270, 2271. Non-commissioned officer, 2275. Officer in charge of mechanics, 2275. Overseer of waterworks, 2277. Professors, 2229, 2260. Superintendent, 2258. Payment by disbursing officers in settle- ment of transactions with other depart- ments, 6752b. Professors, 2006. Appointment, 2224. English and history, French language, 2207. Graduates, 2227. Hygiene, detail of officer from medi- cal corps, 2211. Languages, 2207, 2208. Law, 2209. Leave of absence, 2253. Mathematics, 2212. Modern languages instead of French and Spanish, 2207. Ordnance and gunnery, my officer, 2210. Pay, 2208, 2213, 2214, 2216, Rank, 2208, 2211, 2228, 2229. Retirement, 2257. Spanish language, 2207. & Printing and binding for, 6676b, Appendix p. 1781. . Purchase of supplies for department of instruction, 6861a, Appendix p. 1783. Purveyor, 2218. Quarter-master and commissary for ca- dets, 22.18. Rank, commandant, 2221. Professors, 2228, 2229. Superintendent, 2221. Rations for cadets, 2267. Religious worship, buildings for, 2282. Retirement, musicians, 2270 Professors, 2257, 2260. Sale of unserviceable instruments, Senate documents for library, 2256. Sergeants, Coast Artillery, 2275C, Appen- dix p. 1760. Superintendent, 2206, 2222. Appointment, 2224. Leave of absence, 2253, 2254. Pay, 2258. Powers, courts martial for trial of cadets, 2247. Rank, 2221. Selection, 2225. Supervision, 2255. Supreme Court reports for, 1203. Traveling expenses, cadets, 2268. Vacancies filled by President, 2226. Wharfage dues, 2280a. - MILITARY AND NAVAIL SERVICE See Army Navy Pensions. Military stores and supplies, see Mili- tary Stores and Supplies. Naval supplies, see Naval Swpplies. Accounts in, examinations of by Auditors, 419, 420. Advances to persons in, 6647. Bounty lands, 4826-4859. Civil relief to persons in, 3078%a-307844ss. Control of contracts for, 6842. Deserters to forfeit citizenship, 3952–3954. Disqualification to vote or hold office in territories, 3449. False claims against United States by persons not in service, 6411-6415. 2208. detail of ar- 2229, 2260. 2278. MILITARY AND NAVAL SERVICE (Cont'd) Hawaiian elections, officers and men not qualified as electors, 3705. Homestead, 4592. Actual service equivalent to residence, etc., on homestead, 4603-4604b. Additional entries invalid, commuta- tion, 4600. Additional entry, 4574a, 4574b, 4594. Additional homestead certificates, Sale, 4601. - Affidavits, 4545, 4545a. Benefits of service extended to home- stead entries under Kinka'id Act, 4580. Deduction of time of service from residence, 4593. Desert lands, expenditures and cul- tivation, 4678a. Entries, 4545. Entries by agent, 4605. Entries by minors, 4588. Entries canceled, repayment of fees and purchase money, 4595-4599. Widows and minor children of appli- cants for homesteads dying in serv- ice, 4602a. Honorably discharged persons, ment in census office, 914 Civil service act not to affect, 3278. Not to be discharged or reduced, 3285. Preference for appointment to civil Service, 3214. appoint- Rºmmendation for employment, 215. - List of officers, etc., for Official Regis- ter, 7092. - Mining claims, labor or improvements, 4602a. Oath of office, 3216. .*. Officers of revenue-cutter service who served during Civil War, rank and pay on retirement, 8459%b (25). Payment for horses, etc., lost in, 6390- 6403. z, Permanent appropriations for pay- ment for property lost in, 6799(34). Property lost in naval service, etc., 2869a. Pensions, 8934, 8942. Indian Wars, 9058. Officers and privates either on the active or retired list not to have, 9026. Permanent specific disabilities, of both feet, etc., 8947, 8948. Service pensions, 8968. War of 1812, 9052. Postal employés, reinstatement after hon- orable discharge, 7244a. 7244aa, Appendix p. 1786. Publications by enemy aliens prohibit- loss ed, 7615. - Purchases, fuel in District of Columbia without inspection, etc., unlawful 6838–6840. Supplies for army, 6852, 6853. Advertisement for, 6845. Retired officers, election or appointment to office, 3231. Employment on rivers and harbors, Trading in property captured or aban- doned in, insurrection forbidden, 101.55. United States bonds, provisions for Sub- scription, 6829ii. MILITARY BOUNTY LAND WARRANTS Assignment, 4826, 4848. . Bounty lands, 4826-4829. Children of persons entitled, 4840, 4842. Deserters not entitled, 4850. Pºglicates of lost or destroyed, 4853, 854. Erroneous location of, by settler, how corrected, 4858. Fºnce to establish right to, 4843, 4844, 847 Fees of registers and receivers, 4473. Forging or counterfeiting, 10241. Grant, record, location, etc., 704. Issued when, 4835. After death of claimant, 4856. Location, 704, 4827. - By commissioner of Land Office, 4849. Relocation, 4858. E’or services in Revolution and War of 1812, 4828, 4829. Lost warrants, 4851. Military service between 1790 and 1855, 4837-4842. Omission in discharges, etc., 4852. MILITARY BOUNTY LAND WAR- RANTS (Cont'd) Penalty for withholding, 9078, 9114, 9115. Personal chattels, 4856. Prima facie proof of service and honora- ble discharge under pension laws, 9038, 9054, 9078 Proof filed by legal representatives, 4857. Purchase of lands located with claims under treaty of 1854, 4776. Receivable in payment for lands, 4859. Signing by person appointed by Pension Commissioner, 732. Widows of persons entitled, 4836. MILITARY BluREAUS Chiefs of, temporarily designated to per- form duties of Secretary of War, 313. MILITARY CAMPS See Training Camps. MILITARY COMMISSIONS - Interpreters, appointment, 2308a, art. 115. Judge Advocate General to revise and re- Cord proceedings, 1777. Jurisdiction, concurrent with courts-mar- tial, 2308a, art. 15. Effect of espionage act, 10212g. Pºe prescribed by president, 2308a, a.I’l. 38. Stenographers, details from army, 2015. Volunteer officers eligible for, 2026c. MILITARY COURTS See Courts-Martial. MILITARY DETAILS See Details. MILITARY DUTY Persons liable, 1714. MILITARY INSTRUCTION See Aleronautic Schools : Military Academy : Military Schools ; Naval Academy; Naval Schools; Rifle Clubs ; Rifle Ranges ; T'raiºving Camps. - Additional to military training, 1988a. Cooking, 2005. Detail of officers as instructors, 2283- 22952. Disciplinary Barracks, 2458a.(6). Educational institutions, 22.83-2295a. Enlisted reserve corps, 1892e. Issue of Ordnance and stores to schools, 2283, 2291, 2294. Military Stores and supplies, issuance to Schools, etc., 2289a. Militia, 3054, 3066-3073, 3075. Pººls of army officers as instructors, Naval militia, 3078a (21). Pay for service, 3066–3068. Officers’ reserve corps, 1881c. Ordnance and stores for schools, 2291, 2294, 3094-3097. Regular army reserve, 1892b. Reserºoneers training corps, 1881d- 1881ſ., 18810, Appendix p. 1749. School of fire for field artillery, assign- ment to, 2016.a. Training camps, 3071b-3072a. MILITARY JUSTICE See Articles of War ; Courts-Martial. Bºrea'w of, see Judge-Advocate-Gen- eral’s Department. Chief clerk, salary, 314. - & MILITARY OFFENSES See Crimes and Offenses. MIHLITARY ORGANIZATIONS Sale of obsolete Small arms to patriotic Organizations, 3098. MILITARY IPARKS & See National Military Parks. National parks, 5282–5290. MILITARY IPOSTS Acts relating to, 1979–1990. Appropriations for, 1981, 1982. Restriction upon use of appropria- tions, 6912. Barracks, 1981. IExpenditures for, 1984. Buildings, 1981, 1982. Cººgacts for construction of buildings, 1982. Encampment of regular army and militia act, 3066a. - Establishment, 1979, 1980. Expenditures, 1986, 1987. Buildings, 1982. Restricted, 1979a, 1982, 1983. Hospital steward’s quarters, 1985. Intoxicating liquors prohibited, 1990. 2283, Officers’ quarters, expenditures for, 1983. GENERAL INDEX [Page 21981 {References are to sections, except where otherwise indicated.] MILITARY POSTS (Cont'd) Post gardens or exchanges, expenditures for forbidden, 1987. Post offices, 1988b. & Red Cross Association, use of buildings On, 1989a. * Retired officers in charge of when with- out regular garrison, 2075a. - Sales of medical supplies to civilian em- ployés, 1962. Schools, 1986, 1988. Cavalry and light artillery, 2016. West Point, superintendent, 2222. & Young Men’s Christian Association build- ings, 1989. MHLITARY PRHSON See Disciplinary Barracks. Ft. Leavenworth, change of name to Unit- ed States Disciplinary Barracks, 2358a.(1). e Transfer to Department of Justice, and return to War Department, 10561, 10562. Volunteer forces, organization, 2026c. MIHLITARY RECORDS Provisions relating to, 336-344. MILITARY RESERVATIONS See Military PostS. Abandoned, 5003—5012. Appraisal, 5004, 5010. Appraisal and sale of buildings, etc., | Desert land entry, Nevada, 5007a. Disposition of, 5003. Entry, Nevada, 5007a. .. Fort Lyon, patents and states’ SéléC- tions confirmed, 5004. Grants to municipal 5008. Homestead entry, price, 5009. Nevada, 5007, 5007a. Lands open to settlement, 5009-5011. Mineral lands, disposal, 5006. Preference right of entry, 5009. Reservation lands on Bois Blac IS- land, disposal of proceeds, 5005. Rights of settler, 5004. Sale, notice, 5004. Price, 5004. g Selections by states in lieu of School sections confirmed, 5012. Disposal of school sections, 5012. Surveys or subdivision, 5004. Bridges, 4920. gº Excepted from operation of laws relating to town-sites, 4800. Ferries, 4920. Permits to drive stock across, 4920. Porto Rico, 3761. Red Cross Association, on, 1989a. Rights of way, Alaska, 5088. Electrical plants, etc., 4946. Electrical poles and lines, 4948. Railroad, 4925. Tramroads, canals or reservoirs, 4943. Roads across, 4920. School lands, 4860. Young Men’s Christian Association build- ings authorized, 1989. M}{}LHTARY ROADS corporations, use of buildings Alaska, estimates for work on, 3602a, Appendix p. 1775. Telegraph lines on, 10072. MILITARY SCHOOLS See Aeronautic Schools : Military Academy Naval Academy, Naval Schools. Effect of alcoholic drinks and narcotics taught in, 9379-9381. s Engineer school, Washington, Subscrip- tions for may be paid for in advance, 6652b. Examinations for commissions in Volun- teer forces, 2042. Honor graduates, eligibility for regular army commissions, 1920a. Issue of old models of magazine rifles for target practice, 3070a. Leaves of absence to instructors, 2109. Loan of naval equipment to, 2767. Militia, officers and men to be paid for at- tending, 3068. Naval reserve force, 2900% a.(26). {}fficers and enlisted men of naval militia Imay attend, 3078a (27). Regular army commissions, eligibility of Honor graduates, 1920a. . Reserve Officers’ Training Corps, bility for, 1881d, 1881e, 1881f. Rifle clubs, issue of materials for target practice, 3071a. instruction Camps, eligi- MILITARY SCHOOLS (Cont'd) School of fire for field artillery, assign- ment to, 2016.a. Service Schools, assignment of clerks and employés to bureaus in War Depart- ment prohibited, 317. Attendance of members of National Guard, 3072b. 3072b, Appendix p. 1768. For Cavalry and light artillery, 2016. Translator for Army Service Schools, 2016.a.a. - MIHLITARY SECRETARY Acts authorizing military secretaries not to apply to General Staff Corps, 1763. Department, and office of War Depart- ment created, 1766, 1767. e Appointments, 1766. Assistant Adjutant General designat- ed as, 1768. Assistant Chief of Record and Pen- Sion Office designated as, 1768. Chief of department, 1766. Member of Board of Commission- ers of Soldiers’ Home, 1766. Promotions, 1766. Rank, 1766. Title of department changed, 1769. Designated as Adjutant General’s Department, 1769. Office of War Department desig- nated as Adjutant General’s Of- fice, 1769. . - Titles of officers, 1766, 1769. Vacancy, 1766. Printing and binding for, 6677. Results of practice of rifle clubs to be filed in office of, 3071. MILITARY SOCIETIES Badges, 1945-1947. MILITARY STORES AND SUPPLIES Accountability for, 1951, 1951a, 2319. Advances to contractors, 6648a. Advertisements for, 6845. Appropriations and proceeds available, 1952, 1952a, 1957a, 1959. May be used for supplies for subse- quent years, 6767b. Arms and equipments in possession of persons not soldiers, 1973. Certificates of nonindebtedness before payment to officers on discharge, 1971. Colleges, issuance for military training, 2289a. tº - Damages to, * pay, 2191, 2192. - Responsibility under articles of war, 2308a, art. 83. Educational institutions, sales to, 2295a. deductions from soldiers’ . Enlisted reserve corps, 1892e. |F}stimates for, 6700. Exchange of labor saving machines, etc., 1972a. Insular Department of Philippines, ap- plication of funds received from trans- fer, 1964. Loss of or damage to in transportation, application of deductions made from carriers, 1965. Material for manufacture of sacks for sºnery Cartridges admitted duty free, Military academy, Supplies to be furnish- ed to cadets at cost, 2218. Military instruction camps, issuance to, 1963d * Military prison, manufacture at, 2459. Militia, 3054-3059, 3069. Moneys derived from disposition of ma- terials Supplied to army by Engineer Department, 1952aa, Appendix p. 1754. Naval militia, 3078a (4). Issue of without charge on appropri- ation, 3078a (14). Loan by United States, 3078a (13). Officers not to trade, 1950, 1953. Ordnance-sergeants’ duties, 1851. Ordnance Supplies, obligations for in addition to appropriation specifically authorized, 6648b. Pºrence to domestic manufacturers, $45. & Procurement of stores, etc., by one bu- reau from another, requisition on funds of such other, replacement of stores from stock on hand, 6772a. Purchase and distribution by Quarter- masters’ Department, 1789. Purchases, 321, 1950, 1960, 6846, 6852, 6853. Hºs for cavalry, artillery, etc., Limitation to necessities of current year, 6884, 6885. MILITARY STORES AND (Cont'd) Purchases (Cont'd) Names of contractors to appear On Supplies, 6883. Ordnance contracts, 6854, 6855. Publicity, 6855. - By Subsistence Department, 1795. Red Cross Association, issuance 1963a, b Purchase from army medical depart- ment, 1963c. Reserve. officers’ training corps, 1881k. Restrictions on purchase and distribu- # of, remove, 1789a, Appendix p. Returhi, of clothing and camp-equipage, SUPPLIES to, Enlisted reserve corps property, 1892e. , Signal Service, property, 1970, 1970a. Sales, 1952-1972a, 3106, 310éâ. Medical and hospital supplies, appli- Cation of proceeds of sale, 1963. Mºgal Supplies to civilian employés, To educational institutions, 2295a. To employés abroad, 420a (j). TO gmcers and enlisted men, 1954- To ºther bureaus of War Department, etc., * TO Red Cross Association by army medical department, 1963c. Wº, Supplies, 6941aa, Appendix p. Schools, issuance for military training, 2289a. Taken from enemy, 2308a, art. 79. Transportation of, 321, 322, 1974–1978. Contracts for transportation, 6847. Advertisement, 6847. Purchases of means of transportation. 6849. - Vessels of United States, 6857. MILITARY TELEGRAPHERS Pay, 2144a, Appendix p. 1759. MILITARY TRAINING See Military Instruction and cross- Teferences therewºnder. MILITIA Hawaii, see Hawaii. Pay of, see Pay of Militia. Appropriations, 3054, 3058-3067, 3069, 3074. Arms and equipments, 3054. Apportionment among states and territories, 3054. Arms and equipment, ammunition for in- Struction in firing and target prac- tice, 3075. Appropriations for, practice required before allotment of funds, 3072. Purchase of and accountability there- for, 3056. State coast artillery organizations, withdrawal in time of war, 3063. Army of United States composed in part of, 1715, 1715a. - Articles of war to govern, 2308a, art. 2(a). Artillery, existing corps to retain priv- ileges, assignment to higher units when in service of United States, 3044c. Bounty lands, 4830–4839. Service between 1812 and 1852, 4833. Brevet rank, 2026c. Calling into service, power of Congress (Const. art. 1, § 8, cl. 15). Cavalry, existing corps to retain privi- leges, assignment to higher units when in service of United States, 3044c. Certificates of merit, 2026c. 4. Civil rights, employment in aid of, 3044b. Classification as national guard, naval militia and unorganized militia, 3041. Composition, 3041. Congress, power to call out (Const. art. 1, § 8, cl. 15). Power to organize, govern, etc. (Const. art. 1, § 8, cl. 16). Courts-martial, general courts-martial, 3049a. Special courts-martial, 3049a. Summary courts-martial, 3049a. Detail of officers or enlisted men of army, 997. District of Columbia, adjutant-general, detail of retired army officer, 2076. Double salaries, members unaffected by prohibition against, 3230a. Employment, aid of civil rights, 3943, 10 Aid of judicial process, 3937, 3943. GENERAL INDEX. [Page 21991 [References are to sections, except where otherwise indicated.] MILITIA (Cont'd) Employment (Cont'd) w Collection of duties in case of insur- rection, 10158. Enforcement of neutrality laws, 10178. Compelling foreign vessels to de- part, 10179. Protection of accused after return by foreign government, 10121. - Suppression of insurrection against state, 10.139. Insurrection against United States, 140 Insurrection in violation of civil rights, 101.41. Executing laws, calling out (Const. art. 1, § 8, cl. 15). Exemptions, from duty, 3043. Noncombatant classification, 3043. Indictments unnecessary during actual service (Const, am. 5). Infantry, existing corps to retain privi- leges, assignment to higher units when in service of United States, 3044C. Inspectors, details of army officers, 1997. Instructors, civilian instructors for en- Iisted men, 1988aa. Details of army officers, 1997. Tnsurrections, calling out (Const. art. 1, § 8, cl. 15). Interest in claims against United States, National Guard of District of Columbia, not forbidden, 102.79. Invasions, calling out (Const. art. 1, § 8, cl. 15). Eleaves of absence to government officers and employees who are members of, 3247. TMedals of honor, 2026c. * * Medical Reserve Corps members eligible, Military records of, 342, 343. Militia. bureau, chief ex officio member of general staff corps, 3074b. Detail of National Guard officers as assistant chief, 3074b. * & & Title changed from militia division, 3074b. * National Defense Act not applicable to naval militia, 3041a. National guard, 3041. Adjutant General as , property. and disbursing officer; 3064a, Appendix p. 1768. . * Appointments from to fill, vacancies in grade of second lieutenants, 1920a. Appropriations, 3059-3067, 3069. For support of families, 3052b, 3052C. Armament, equipment and uniforms, 3044s. Arms and equipment, accounting for, 3059, 306.1a, 3062. Appropriations for, 3054, 3059, 3061, 3062. Issue of new type of arms without charge to, 3059a. Practice required before allot- ment of funds, 3072. Bedding, use of funds for pur- chase of, 3062b. Disposition and replacement of damaged property, etc., 3057. Forage, use of fund for, 3062b. Helpers, compensation of, .3062b. Horses, for cavalry and field artil- lery, 3062a. Number, property of United States, 3062a, 3062c. TJse of funds for veterinary service, etc., 3062b. Infantry, 3061a. Equipment, property of the United States, accounting for, 3061a. Requisition of governors, etc.,, 306.1a. Inspection, 3064. Issue of army stores, 3069. Automatic pistols, 3061. Fjeld artillery material, 3062. Old models of magazine rifles to rifle clubs, 3070a. New :* of arms, issuance of, Issue without charge to appro- priations, 3059a. Return of obsolete arms on is- sue of, 3059b. - Property of United States, 3062, 3062c. - MILITHA (Cont'd) National guard (Cont'd) Arms and equipment (Cont'd) Shoes, use of funds for purchase of, 3062b. Army of United States, composed in part of, 1715a. Assignment to brigade and divisions to command units, 3044e. Attachment of members of, to or- ganizations of army for training purposes, 3072b, 3072b, Appendix p. 1768. Attendance at military service schools, 3072b, Appendix p. 1768. Camps of instruction, 3072. 3072a, Appendix p. 1768. Cavalry, equipment of, 3062.a. Chiefs of staff, detail of officers for, 3044f. Civil relief to members of, 3078%a- 3078%ss. Command, encampment, 3066a. Commanding officers not to be dis- placed where complete units are or— ganized, 3044e. Composition, 3044. 3044cc, Appendix p. 1768. Condemned stores, sale of, covered into treasury, 3058. Contracts for printing and binding in time of actual hostilities, 6676a, 7159aa. Courts-martial, composition, 3049a. General courts-martial convened by order of president or gov- ernor, etc., 3049b. Fines, forfeitures, dishonora- ble discharge, reduction of rank, 3049b. Punishment, 3049b. f Imprisonment in lieu of fine, 3049e. Sentence to be approved by gov- ernor, etc., 3049f. Special courts-martial, ing officers may 30.49c. Jurisdiction, exception of com- missioned officers, 3049c. Punishment, 3049c. proceeds command- appoint, Summary courts-martial, COIſle- manding officers may ap- point, 3049 d. Jurisdiction to try enlisted Imen for breach of discipline, 30490. * Power to administer oaths, 3049d., - Punishment, 3049d. Warrants of arrest, process, ex- ecution of sentence, 30.49 g. Detail of army officers to, 3074. Army sergeants for duty with, 3074a. Enlisted men in army to, 3074. Officers from regular army as chief of staff, 3044f. Officers or enlisted men of army, 3073, 3073a, 3074. Officers to command units, 3044e. Details to signal corps, 1867g. Pºins. consent of president, 3044g. Disbursing officers, 3064a, Appendix p. 1768 Accounts etc., 3064a, Appendix p. 68 1768. Bond, 3064a, Appendix p. 1768. Reports, 3064a, Appendix p. 1768. Traveling expenses, 3064a, Appen- dix p. 1768. Discipline same as army, 3044t. Drill or target practice, 3072. Efficiency board to determine fitness of officers, 30440. Encampment, ammunition for instruc- tion in firing and target prac- tice, 3075. Aºpriations and disbursements, 3066. Command when participating with the United States, 3066a. Instruction camps, army officers to conduct, 3066b. Maneuvers and field instruction, 3054, 3066, 3067, 3072, 3073. National military parks, 5282, 5283. Pay, 3066. Payment for services in en- campment after muster, 3067. Subsistence, 3066. Transportation, 3066b. Field artillery material, MILITIA (Cont'd) National guard (Cont'd) Encampment (Cont'd) Transportation, 3066b. Reduced rates by common car- riers, 3066c. Enlisted men, appropriations for sup- port of families, 3052C. Aºance at military schools, 8. Courts-martial, 3049d. - Detail of, to care for material, etc., 3062e. Number, 3044d. Staff corps and departments, 3044CC. 3044Cc, Appendix p. 1768. Enlistment, deduction for property Host or destroyed, 3044v. Discharge from, 30.44k. Examination of enlisted men on .." in service of United States, Oaths, 3044i, 3044.j. Pay of enlisted men, restrictions - On expenditure of appropriations, 3044v. Term, 3044h. Estimates of Cost of carrying out na– tional defense act, 3055. Exemptions from registration under Selective draft act, 2044e. Existing corps of artillery, cavalry and infantry to be a part of, 3044c. Field artillery, equipment of, 3062.a. accounting for, 3062. Issue of, 3062. Filling vacancies, when drafted into federal service, 3077. Government employés duty, 32.15a. Homesteads, residence, service in con- nection with Mexican operations equivalent to, 4604a. Rights of widow and minor chil- dren of applicants dying in serv- ice, 4602a. Horses and pack mules, transfer to national guard organizations, 3062d. Infantry equipment, annual account- ing for, 3061a. Permanent property of States, 3061a. Requisitions for, 306.1a. Supplying and exchanging, 3061a. Inspection, reports as basis for reten- tion of federal property, 3064. Inspector instructors, offices at state armories, etc., 3074aa. Instructions, details of army officers, 1997, 3073, 3073a, 3074. Leave of absence for government em- ployés, 3044r. Lost or unserviceable property, 3057. Medals for members serving in War with Spain or on Mexican border in 1916, 1943m, Appendix p. 1753. Medical corps, promotion to captain- cies of first lieutenants, 1808a. Military academy, appointment to, 22.30a. Military schools, 3068. Oath of officers, 3044l. Officers, aid-de-camp, pay, 3044u. Appointment to Officers’ Reserve Corps, 1881aa. Bonds, 3065. Captains, pay, 3044 u. Chaplains, pay, 3044u. Colonel detailed to militia bureau, 3074 b Commissions, how vacated, 30440. Deductigns for property lost or de- stroyed, 3044v. Detail of army officers, 3074. As inspectors and instructors, 3073, 3073a, 3074. Sergeants, 3074a. Disbursing officers, 3065. Account, etc., 3064a. Reports, 3064a. Efficiency board, discharge of offi- cers, 30440. Examination, on entering service of United States, 3048. To determine qualifications for commissions, 30.44n. Board, how appointed, 3044n. Inspectors general, 3064. Inspectors, reports, 3064. restored to TJnited GENERAL INDEX IPage 2200] [References are to sections, except where otherwise indicated.] MILITHA (Cont'd) National guard (Cont'd) Officers (Cont'd) Inºtors, b. Lieutenant colonel detailed to mili- tia bureau, 3074b. Majors, pay, 3044u. Oath of, 3044l. Pay, 3044u. Qualification, 3044m. Regimental adjutants, pay, 3044u. Resignation, 30440. t of army Sergeants, detail Sel’- geants, 3074a. Staff corps and departments, 44cc. 3044cc, Appendix p. 1768. Staff officers, pay, 3044u. Organization to be same as regular army, exceptions authorized by Sec- retary of War, 3044a. Part of, 1715a. Army of United States, 1715a. Pay, 3066, 3066b, 3067. Attending military schools, 3068. Deductions for property lost Or destroyed, 3044V. Enlisted men, 3044V. Officers, 3044u. Detailed to 3074b. Of men enlisted by state authori- ties to date of muster in, 3052a. Service of United States, 3045. Pensions, 3076, 3076a, 3076b. Philippine Islands, drafting into Serv- ice of United States, 3048a. Printing and binding for, 6676aa, Ap- pendix p. 1781. Public rifle ranges, 30708, Instructors from officers of nation- al guard, 30708. - Purchase of stores from War depart- ment, 3069. Reserve, battalions for recruit train- ing, 30440. 4e Battalions for recruit training drafting from unorganized militia, 30440. Officers, 30440. - Call into service of United States, 2044a, 3045, 3046. Civil relief to members, 3078%a- 3078%.Ss. - Officers rendered surplus by dis- bandonment to be placed in re- serve, 30440. Organization, composition, 3044.p. Pay and allowance, 3044.p. Rifle ranges, director of civilian marks- manship, 3070c. - Sale of, ammunition, etc., for use of rifle clubs, 3071. Magazine rifles for use of clubs, 3070. Soldiers' homesteads, 4604b. State failing to comply with Act to be barred from benefits, 306.4b. Surveying officers, 3057. ! Target ranges, Sale of land purchas- ed for, 30 (2C. militia bureau, rifle Training, attachment to Organiza- tions of regular army, pay, 3072b. Attendance at military Service School, pay, 3072b. Training camps, etc., 3072a. 3072a, Appendix p. 1768. TJniform, wearing, 1949a, Appendix p. 1753. United States service, appointment of officers, 3045. Appropriation for support of fami- lies, 3052b, 3052C. - Combining organizations to com- plete units, 3047. Daily record of soldiers reported sick or Wounded, 342. Draft into, 2044a. Proclamation Of 2044a. : Examination of Officers and men, 3048 President, Filling vacancies, 3077. From reserve battalions, 30440. Muster rolls, records on muster out, 342. National Home for Disabled Wol- unteer Soldiers, 9264a. Pay, 3045. Of enlisted men, 3044v, Pensions, 3076, 3076a, 3076b. Period of service, 3046. at public rifle ranges MILITHA (Cont'd) National guard (Cont'd) United States service (Cont'd) President may call, 3045. Rank, assignments to commands, 3051. Reserve battalions training, 30440. Subject to laws and regulations governing regular army, 3050. Support of families of members, 3052b–3052d. Units, combining to complete, 3047. Commanders of complete units not to be displaced, 3044e. Detail of officers to command, 3044e. * Location of, rights of state, 3044g. Prescribing particular units for each state, 3044e. To be maintained in each state, 3044a. National military parks, fields for ma— neuvers of, 5282. Regulations for assembling, 5283. National militia board abolished, 3074b. National Naval Volunteers, appropria- tions, transferred to Naval Reserve Force, 3078d, Appendix p. 1769. Arms and equipment, transfer to Naval Reserve Force, 3078d, Appen- dix p. 1769. Civil relief to 30.78%a- 307814ss. Commissions to persons passing exam- inations when called into service of United States, 3078b (6). Courts-martial, trial of persons, fail- ing to obey call of United States, 3078b (3). Creation, 3078b (1). Enrollment in as prerequisite to re- tainer pay of members of naval mil- itia, 3078a (10). * Examinations for list of persons Spe- cially qualified to hold commissions, 3078b (6). 4. Naval militia and reserve to be called into service of United States before, 3078a (33). - Officers, authority to oaths, 3037. |Petired officers, use of, 2483g. Pay, service of United States, 3078b (5). Pensions, service of United States, 3078b (12). Promotions and rewards for valorous conduct to be equal to regular serv- ice, 3078b (8). Property, transfer to Naval Reserve Force, 3078d, Appendix p. 1769. Rank, service of United States, 3078b for recruit organizations members, administer (6, 7). Repeal of laws relating to, 3078c, Ap- pendix p. 1769. Transfer of members to Naval Re- serve, etc., 3078c, Appendix p. 1769. TJnited States service, commissions to persons previously passing exam- inations, 3078b (6). Emergency, 3078b (1). Failure to obey call, trial by court- martial, punishment, 3078b (3). Hay, 3078b(5). Period, 3078b (3). Promotions and rewards for Valor- ous conduct, 3078b (8). Rank, 3078b (6, 7). Officers, 3078b (2). Re-enrollment, 3078b (10). Relief from naval militia duty, 3078b (5, 11). Resignation, discharge, 3078b (10). Subject to articles for government of navy, 3078b (4). - Territorial limitations, 3078b (7). Naval militia, 3041. Accounts, accounting officers, 3078a (17). Accounting officers, inspection of accounts, 3078a (17). Issue of property, 3078a (17). Rendition of accounts, 3078a (17) Travel, pay and expenses 3078a (18). Adjutant general of state, returns and reports, 3053, 3053a. Appointment of officers, 3078a (16). Inspection, 3078a (17). Property of government, 3078a.(14). Adjutant general of state, returns and reports, 3078a (31). bonds, MILITIA (Cont'd) Naval militia (Cont'd) Age limit, 3078a (2). Appointment from to fill vacancies in grade of second lieutenants, 1920a. Appropriations, allotment to state, 3078a.(28). Annual appropriation available for issue of stores, etc., 3078a (19). Arms and equipment, 3078a (14). rºature payable out of, 3078a Issue of arms, etc., without charge on, 3078a (14). Payment to disbursing officers, 3078a (12). State not to share in allotment un- less certain exercises are carried Out, 3078a (20). Transferred to Naval Reserve Force, 3078d, Appendix p. 1769. Arms and equipment, 3078a (4). Ammunition for instructions in fir- ing and target practice, 3078a (24). Annual appropriation, availabie for issues of stores, etc., 3078a (19). Nº, to be charged with, 3078a Appropriations, 3078a (14). Clothing allowances, 3078a (14). Hºuse of ammunition, 3078a. Loss, stops against compensation of officer, 3078a (15). Property of the United States, 3078a.(14). Purchase of additional stores from navy department, 3078a (19). Transfer to Naval Reserve Force, 3078d, Appendix p. 1769. Articles for government of navy when * of United States, 3078a. Badges or buttons may be worn on civilian dress, 29.00%a (18). Battalion, commanding Officer, power to punish, 3078a.(7). Brigade, commanding officer, power to punish, 3078a (7). Civil relief to members, 3078%a- 3078%.S.S. Command, 3078a (34). - Commanders, punishment without trial by court-martial, 3078a, (7). Commanding officer, summary court- #ºnal may be ConVened by, 3078a. Command, participation with regular navy, 3078a (21). Compliance with act as prerequisite of allotment of appropriation, 3078a.(20). Consulting board, appointment, 3078a. (30). ) Pay, 3078a (30). Term, 3078a.(30). Traveling expenses, 3078a.(30). Courts-mal vial, attachment, 3078a (50). Classification, 3078a (39). Deck Courts, imprisonment in lieu of fines, 3078a (48). Jurisdiction and 3078a (43). s Place of holding, 3078a.(44). Power to punish, fines, etc., 3078a.(47). Warrants for arrest, subpoenas, attachments, 3078a (50). Who may convene, 3078a.(42). . Dismissal or dishonorable dis- charge, approval, 3078a.(49). Failure to present for muster into United States service, 3078a,(34). Fines, collection of, 3078a,(52). Disposition of, 3078a (53). General courts-martial, composi- tion, 3078a (40). . Imprisonment in lieu of fines, 3078a (48). , Jurisdiction 3078a (43). Place of holding, 3078a.(44). Power to punish, fines, dishon- ºle discharge, etc., 3078a. (45). Warrants for arrest, subpoenas, attachments, 3078a.(50). Who may convene, 3078a (40). Imprisonment in lieu of fines, 3078a (48). Jurisdiction and procedure, 3078a procedure, and procedure, GENERAL INDEX [Page 22011 [References are to sections, except where otherwise indicated.] MILITIA (Cont'd) Naval militia (Cont'd) Courts-martial (Cont'd) Place of holding, 3078a (44). Process to be executed by civil offi- cers, 3078a (51). Right of national naval volunteers to serve on, 3078b (9). Service on when in service of Unit- ed States, 3078a (34). Subpoenas, 3078a (50). Summary courts-martial, imprison- #! in lieu of fines, 3078a, Jurisdiction and procedure, 3078a (43). Place of holding, 3078a.(44). Power to punish, fines, 3078a (46). Warrants for arrest, subpoenas, attachments, 3078a (50). # Who may convene, 3078a.(4:1). Summary punishment of officer without trial by, 3078a(7). Warrants for arrest, 3078a (50). Courts of inquiry, how constituted and conducted, 3078a (54). Who may convene, 3078a,(54). Deck courts, 3078a.(42). Detail of officers and enlisted men, as Ship keepers, 3078a (13). For duty with, 3078a (23). etc., HDisbanding, consent of President, 3078a (55). Disbursing officers, accounts, bonds, 3078a (28). Appointment, accounting officer, 3078a(16). Fººt of appropriations to, 3078a. Payment of retainer pay, 3078a.(12). Discharge, approval of sentence of dis- missal or dishonorable discharge, 3078a.(49). Discipline, 3078a(7). Division of Naval Militia. Affairs, clerical force transferred to Bureau # Navigation, 3078e, Appendix p. Drafting officers and men into national naval volunteers, 3078b(2). Employés of government not to lose Compensation or efficiency, 3078a.(26). Encampment, cruises, maneuvers and field instructions, ammunition for instruction, 3078a (24). Employés of government not to lose S compensation or efficiency rating, 3078a (26). Participation with regular navy, 3078a (21). Navy appropriations not to be used for, 3078a (21). Enlisted men, selection to attend mil- itary schools, 3078a (27). Enlistment, period of, 3078a (3). Retainer pay of men, 3078a (9). Estimates, cost of carrying out act, 3078a(56), Examinations, detail of officers for, 3078a (22). Exemptions from registration under Selective draft act, 2044e. How composed, 3078a (2). How constituted, 3078a (1). Inspection, 3078a (28). Inspectors, detail of officers for, 3078a. Leave of absence for government em. ployés, 3078a.(26). Line officers, assignment to particular duties, 3078a(6). Loan of vessels, stores, etc., 3078a (13). Lºnd destruction of property, 3078a. Military instructions, state to require as prerequisite to share in allotment of appropriation, 3078a.(20). Military schools, selection of officers and enlisted men for attendance at, 3078a (27). National Defense Act not applicable to, 3041a. Officers, accounting officers, appoint- ment, 3078a (16). Adjutant general of state, duties, 3078a.(31). Appointment from navy and ma- rine corps, 3078a (5). . Detail of naval officers for duty with, 3078a (23). Disbursing officers, bonds, ac- counts, 3078a (28). Traveling expenses, 3078a (29). MILITIA (Cont'd) Naval militia (Cont'd) Officers (Cont'd) Instructors, 3078a.(22). Loss of property, 3078a (15). Rank, 3078a (34). Resignation of officers appointed from navy and marine Corps, 3078a.(5). Retainer pay, 3078a (8). Retired officers, use of, 24832. 2483g, Appendix p. 1761. Selection to attend military Schools, 3078a (27). e Service on naval courts-martial and deck courts, 2988aa. Oil for vessels of volunteer Patrol Squadrons, 3078a.(25). Organization, 3078a.(4). Pay, actual service, 3078a.(28). Attendance at military 3078a,(27). e Corps, accounting officers, appoint- ment, 3078a (16). Disbursing officer to be member of, 3078a (12). Encampment, maneuvers and field instruction in connection. With regular navy, 3078a.(21). Forfeiture by court-martial, 3078a. 45–47). Retaiº, pay, 3078a. 1). Of enlisted men, 3078a (9). Mode of payment, 3078a (12). Not to be paid before qualifica- tion, 3078a (10). . Of officers, 3078a.(8). Service of United States, 3078a (36. 37). schools, computation, Property, transfer to Naval Reserve Force, 3078d, Appendix p. 1769. Punishment, summary punishment by officer, 3078a.(7). Rank, participation with regular navy, 3078a.(21). Re-enlistment, 3078a.(3). Repeal of laws relating to, 3078c, Ap- pendix p. 1769. Reserve to be called into United States service before volunteer naval force, 3078a (33). Ship keepers, detail of officers and en- listed men as, 3078a (13). Subsistence, attendance at military schools, 3078a (27). Participation with regular navy, 3078a.(21). Target practice, ammunition for in- structions in, 3078a (24). Transfer of members to Naval Re- serve, etc., 3078c, Appendix p. 1769. Transportation, participation with reg- ular army, 3078a (21). United States service, call in case of invasion or rebellion, etc., 3078a. (32). Command, 3078a (34). Courts-martial, right to serve On, 3078a (34). Examinations, 3078a (34). Militia to be called before Volun- teer naval force, 3078a (33). Mustering, further enlistment not required, 3078a (34). Officers and men may man pur- chased vessels, 3078a (33). Pay, 3078a (36, 37). Pensions, 3078a.(38). Period, not to extend beyond en- listment, 3078a (33). Bank of officers, 3078a.(34). Refusal to muster in, trial by court-martial, punishment, 3078a. (34). Subjection to articles for govern- ment of navy, 3078a (35). Units, 3078a (4). Vessels, commanding officer, power to punish, 3078a (7). Volunteer patrol squadrons, sale of oil and gasoline for vessels of, 3078a (25). Officers, adjutant general of state, duties, 3053, 3053a. Appointment, power reserved to states (Const. art. 1, § 8, cl. 16 Command when different corps join, 2308a, art. 120. Detail of army officers as inspectors and instructors, 1997. Part of regular army, 1717a. MILITHA (Cont'd) Officers (Cont'd) Eligibility for commissions in regular army, 1920a. 1920a, Appendix p. 1751. Rank of militia officers on duty with Officers of regular and volunteer forces, 2308a, art. 119. Retired officers, use of, 2483g, Appen- dix p. 1761. - Payment for horses lost in military serv- ice, 6390. Pensions, 3076–3076b, 3078a (38). Indian wars, 9047, 9058. Missouri state militia, 9023, 9024. Officers, when to have pensions, 8934. According to rank, etc., 8946. Service of United States, 3078b (12). Soldiers, when to have pension, 8934. Rate of total disability, 8944. War 1812, widows, etc., 9047, 9052. President to make all reasonable rules and regulations for government of, 3044W. Promotion, 2026c. Regulations for assembling, 5283. Retired officers of army, detail for serv- ice, 2077. Rifle clubs, issue of materials for target practice, 3071a. Rifle ranges, establishment and mainte- nance by United States, directors of ºan Imarksmanship, appointment, 70c. Use by public, 3070b. Right to maintain (Const. am. 2). States, maintenance by, prohibited with- out consent of Congress (Const. art. 1, § 10, cl. 3). Not to maintain troops other than, 3044b. -- Fºye, served to (Const. art. 1, § 8, CI. State police not prohibited by act, 3044b Territorial, election of officers, 3444. Governor to be commander-in-chief, Training camps, appropriation, 3071b. Arms, stores, etc., for, 3071b. Course of study, 3071b. Instruction of citizens, 3071b. Maintenance upon military reserva- tions, 3071b. Officers and enlisted men of army to be employed at, 3071b. Sale of property to civilians, 3071b. Training, power reserved to states (Const. art. 1, § 8, cl. 16). * Unorganized militia, 3041. Drafting into service of United States to maintain, reserve battalions for recruit training, 3044d. Examination for list of persons spe- cially qualified to hold commissions in, 3078b (6). National naval volunteers, 3078b(6). Volunteer forces, 2026a–2044. Enlistment, 2026a, 2026g, 2026h, 2026.j. Officers, age limit, 2042. Appointment, 2042. Eligibility and examinations for Commissions, etc., 2042. Organization, 2024, 2026a, 2026b, 2026g. Words “State or Territory” to include District of Columbia, 3042. MILITHA ACTS See Militia. Text of act, 2042, 2308a (2), (35), (48), (50), #% 3052, 3053, 3073, 3075, 3076, 10140, MILITIA BUREAU Militia, Bureau, part of regular army, 1717a. * * Part of regular army, 1717a. Regular army composed in part of, 1717a. MIMILK Steerage passengers entitled to, fants, 8001. MILL See Child Labor. Use of Waters on national forests, 5132. MILLET Importation of seeds adulterated or unfit for seeding, 8744-8747. MILL SITES Alaska, miners’ regulations, 5050. Notation by surveyors, 4803. Patents for non-mineral lands for , 4645. Philippines, forest lands, 3828. for in- GENERAL INDEX [Page 22021 [References are to sections, except where otherwise MILL SITES (Cont'd) Wabash River at Mount Carmel, Illinois, leasing of, 9990. MILL SLôUGH Oregon, nonnavigable, consent to filling of, 9844. MINIE INSPECTORS See Coal MineS. IMINTERAFL LAND FREE TIM BER ACT See Timber. Text of act, 4989–4091. MINERAL LANDS See Agricultural Lands ; Coal Lands ; Mines, Mining, Minerals, Mineral Lands, Resources, and Claims : Phil- ippines ; Timber and Stone Lands. Geological Survey, see Geological Swºr- 'vey. - Regulation of hydraulic mining by California débris com/mission, See IHydraulic Mining. - MIHNERALOGIST Employment to reclassify lands in Ala- bama, 4656. IMITNERALOGY Smithsonian Institution, reception and ar- rangement of specimens, 10575. MINERAL SURVEYS See Mines, Mining, Minerals, Mineral Lands, Resources, and Claim.S. MIHNERAL WATERS Internal revenue, tax on, amount, 6.161%a. Payment, vendee or lessee in certain cases, 6348b. Returns of manufacturers, 616.1%b. MINERS See Mines, Mining, Minerals, Mineral Lands, Resources, and Claim vs. Enlisted men of engineer battalion to perform duties, 1844. MINERS’ TAFEOR IIIEN ACT See Alaska. Alaska, 5059–5069. MITNES See Coal Mines ; Mines, Mining, Min- erals, Mineral Lands, Resowrces, and Cloſiºns ; Submarine Miºves. MIHNES, BUREAU OIF . See Coal Lands ; Gas Laºds ; Mines, Mining, Minerals, Mineral Laºds, IResources, and Claims ; Oil Lands. Director of, see Director of Bureau of Miłºes. Mineral lands in Alaska, see Alaska. MINES, MINING, MINERALS, MINER- AL LANDS, IRESOURCES, AND CLAHMIS - See Child Labor ; Food Clºvd Necessaries. General provisions, 4613-4670. - Alºoned military reservations, disposal, 006. Additional experiment stations, 787a. Agricultural lands, set apart as, 4650. Alaba; coal lands, agricultural entry, 70. Disposal of as agricultural lands, 4655, 4657, 4755. Homestead entry on, 4657. Reclassification, 4656. Reservations, restoration to public do- main, etc., 4985. * Alaska, 5046–5069. Experiment and safety stations, 787a. Aliens, ownership by permitted, 3491. Alternate railroad sections, excluded from act fixing minimum price, 4759. Asphaltum lands, entry under non min- eral laws, 4640a. Bureau of Mines, 783–787. Consulting engineer, temporary em- ployment expert, 786. Designation of, 783. Details employés at Washington, penses or per diem, 783a. 783a, Appendix p. 1744. Medical officers of Public Health Service, 9139a. 9139a, Appendix p. 1796. Reports to congress, 783a. 783a, Appendix p. 1744. Director, 783–787. Assistant director to act in ab- sence of director, 783b. Designation of officer to act in ab- Sence of director and assistant director, 783b. eX— Conservation, of . MINES, MINING, MINERALS, MINER- - AL LANDS, RESOURCES, AND CLAIMS (Cont') º Bureau of Mines (Cont'd) Director (Cont'd) Regulations of manufacture, etc., of explosives when United States at war, 31.15%a-31.15%kk. Restrictions on as to personal in- terest in mines, etc., 78 Donations of lands, etc., 787c. JEmployés, appointment, 783. Establishment of, 783. Experts, appointment, 783. Temporary employment, 786. Headquarters of mine rescue cars, etc., 787c. Investigations, etc., 784. Explosions and fires, 31.15%jj. Fees for, 787. Publication of reports of, 785. Lease of lands, etc., 787c. Members of, restrictions on as to per- Sonal interest in mines, etc., 786. Open Imarket purchases of supplies or procurement of services outside District of Columbia, 6836b, Appen- dix p. 1783. Province and duty, 784. Publications of, additional copies, 7142. Limitation of editions, 7141. California, potassium lands, 4640e–4640k. Citizenship, proof of, 46.16. Crater Lake National Park, injury to min- eral deposits as offense, exceptions, 5230 d. Entries, Hawaii National Park, rights not affected, 5249k. National Parks, Rocky Mountain Na- existing tional Park, existing entries not af- fected, 5249b. Estimates for personal service required permanently and entirely in, 6714a. Experiment stations, additional, 787a. Explosives, selling or issuing to em- ployés, 311534c. Fees of registers and receivers, 4473. Forging, etc., instruments relating to title to, in California, penalty, 5117-5119. Gas lands, entry under non mineral laws, 4640a. Geological Survey, 770-782. Report of on mineral resources, size, editions, additional copies, distribu- tion, 7103, 7104, 7106. Glacier National Park, injury to mineral deposits as offense, exceptions, 52486. Gold, etc., mining on Bering Sea, 5047. Grants to States and corporations not to include, 4658. Headquarters of mine rescue cars, ac- quirement of land by Secretary of Interior, 787c. 787c, Appendix p. 1745. Homestead entries, Alabama, 4657. Black Hills National Forest subject to mining laws, 5166. Not subject to, 4591. Subject to homestead entry, when, Income tax, annual depreciation, act re-, lating to burden of proof in suit to recover internal revenue tax paid not to apply to, 5948. On corporations, deductions for re- duction in flow, 6336][a], [b]. On individuals, deductions for reduc- tion in flow, 6336e [a], 6336f(al. Indian allotments in severalty, lease for mining purposes, 4220. Indian Reservations, disposition of lands in, with reservations . of coal, proc- lamations of President, 4668a. Kºlºs, disposal of as agricultural lands, tº districts, additional, establishment, 4651. Lº officers, additional, appointment, 4651. - Lands, donations by states for experi- ment and safety stations, 787 b. Withdrawn from settlement, etc., open to exploration under mining laws, Lassen Volcanic National Park, eixsting rights not affected, 5249e. Leases, Secretary of War not authorized to make, 6944. Licenses, 31.15%g. Michigan, exempt from mining laws, 4653. Mineral deposits, Hot Springs Reserva- tion, injuries, penalty, 5263. Mineral or agricultural character of lands, contest as to, Inotice, publication, 4643. indicated.] MINES, MINING, MINERALS, MINER- AL LANDS, RESOURCES, AND CLAIMS (Cont”) Miners, rules and regulations, 4615, 4620. Rules and regulations in Alaska, Con- flict with mining laws, 5047. Mines, census, 4385, 4387. Coal mines in territories, 3502-3520. Investigation of explosions and fires in, 31.15%jj, 31.15%k. Notation of by surveyors, 4803. Obtaining information concerning, 102.12a. e Requisition and operation by Presi- dent for common defense purposes, 31.15%jj. - k Rights of way for tramroads, canals or reservoirs, 4943. - Mining claims, 4615-4632. Adverse claims, adjudged by law of possession, independently of par- mºnt rights of United States,' 33. - Costs, 4625. Findings by jury, 4625. Oath of claimant, before Whom made, 4624. By agent or attorney in fact, 4624 r Proceedings on, 4623. Waiver, 4623. Annual improvements, 4620. Contribution by co-owners to, 4620. Expenditure of money on tunnels, Persons in military or naval serv. ice, 46.20a, 4620b. Easements, drainage, etc., rules as to by local legislature, 4646. Existing rights, 4627. Laws extended to Alaska, 5047. Liens on not affected by patent, etc., 4631. Location, affidavits, verification, 4643. Marking on ground, 4620. Mount Rainier National Park pro- hibited, 5227. Possession and enjoyment by lo- cator, 4618. Recording notices in Alaska, 3577. Lode claims, boundaries, 4626. Description, 4615, 4626. Discovery before location, 4615. End lines to be parallel, 4615. Inclusion within boundaries placer claims, patent, 4632. Length, 4615. Monuments, 4626. Surveyed lands, 4626. TJnsurveyed lands, 4626. Width of, 4615. Mill sites, patents for non-mineral lands for, 4645. Patents, adverse claims, pending ap- plications, 4627. Adverse claims, time for, 4622. Affidavits, etc., by agent, 4622. Application for, 4622. Notice of affidavit, 4622. Posting copy, 4622. Publication, 4622. Oath, 4622. Pending applications, 4627. Certificate of surveyor general as to labor or improvements, 4622. Conditions involving easements, drainage, etc., expressed in, 4646. Evidence of possession, etc., 4631. Field notes, filing, 4622. Lands included, 4626. Oil lands in Utah, 4640. Patents heretofore issued, 4627. Patents obtained, 4622. Payment, 4622, 4623. Pending applications, 4627. Pº claims including lode claim, 4632. Plat, filing, 4622. Posting copy, 4622. Persons in military service, 30.78%q, 46.20a, 4620b. - Placer claims, 4629. Ağultural Iands, homesteads, Alaska, 5054-5058. Area, 4629, 4630. Assessment work on contiguous oil claims, 4636. Entry, 4628. Building stone lands placer laws, 4633. Joint entry, 4629. j Petroleum, etc., lands under Of under placer laws, 4635. GENERAL INDEX [Page 22031 [References are to sections, except where otherwise indicated.] MINES, MINING, MINERALS, MINER- AL LANDS, RESOURCES, AND CLAIMS (Cont”) Mining claims (Cont'd) Placer claims (Cont'd) Entry (Cont'd) Saline lands under placer laws, 641. Location, to conform to surveys, 4629, 4630. Patent, 4628, 4631. Proceedings for, 4632. Payments for placer claims includ- ing lode claims, 4632. Sºvision into ten acre tracts, Records of, requisites, 4620. Sale or transfer, under timber and Stone lands act prohibited, 4671. Title not acquired, under town-site laws, 4798, 4799. Tunnº, expenditure of money on, Rights of owners of, 4619. Sutro tunnel, existing rights and law respecting not affected, 4652. Veins, boundaries, 4626. * Description, 4626. Discovery before location, 4615. Monuments, 4626. Priority of title where veins in- tersect, 4644. Surveyed lands, 4626. |Unsurveyed lands, 4626. Water rights protected, 4647, 4648. Mining laws extendsd to Alaska, 5047. Mining recorder, Alaska, election, 5050. Mining, rights of way for canals, flumes, etc., 4946, 4947. U.” waters on national forests, Minnesota, exempt from mining laws, Mºuri, disposal of as agricultural lands, 4 Mt. McKinley National Park, mineral land laws applicable to, 5249SS. Mount Rainier National Park, injury to mineral deposits as offense, excep- tions, 5227d. . . Laws extended to, 5226. Protection, 5224. National forests, agricultural homesteads, development, 5187a. Location and entry, 5133. Prospecting on, 5129. Regulations as to mineral resources of, 5187a. Restoration of public domain, 5133. Nitrate lands, entry under non mineral laws, 4640a. Occupation and purchase, 4614. Oil lands, entry under non mineral laws, 4640a. - Pacific Forest Reserve, laws extended to, 5226 Panama Canal Zone, reservation of min- erals, etc., in leases, 10034. - Philippines, 3830-3859. Phosphate lands, entry under non mineral laws, 4640a. In Idaho, selection by State, etc., 4863-4865. Porto Rico, controlled by Porto Rican government, 3760. Potash lands, entry under non mineral laws, 4640a. In Wyoming, lease, 4640ee. Potassium lands, 4640e–4640k. Disposition of deposits of, 4640jj. Leases of lands containing, authority to make, 4640ee. Competitive bidding, 4640ee. Forfeiture, 4640hh. Provisions for protection of Unit- ed States, etc., 4640h. Provisions for regulation of price, etc., 4640k. Provisions for settlement of dis- putes, 4640hh. Rentals, disposition of, 4640ii. Reservations, 4640gg. * Restrictions on leasehold interéstS, 4640g. Royalties, 4640ee. Disposition of, 4640ii. Patents to permittees on discovery of, area covered, 4640ee. Permits to prospect for, cancellation, 4640ff. Lands included, 4640e. t Leases of other lands to per- mitees, 4640f. - Persons entitled, 4640e. MINES, MINING, MINERALS, MINER- AHL LANDS, RESOURCES, AND CLAIMS (Cont”) Potassium lands (Cont'd) Provisions of act applicable to dis- posed of public land's reserving potassium deposits, 4640i. Rules and regulations governing per- mits and leases, 4640j. Proof of citizenship. 4616. - Protection of rights of persons in mili- tary Service, 3078%q. Railroads transportation of products min- ed by them, 8563. Registers and receivers, fees, 4473. Report of director of mint on production of precious metals, etc., increase in number of copies, distribution, 7123. Number of copies, distribution, 7084. Pºhlets, publication, limit of cost, Reservation from sale, 4613. Safety stations, 787a. Saline lands, entry under placer mining laws, 4641. Stock raising homestead entries, reser- vation of coal and mineral rights, 4587i. Supervision by Secretary of Interior, 681. Surveyor-general, duties, 4626. Surveys, 4642. Pºits to cover cost, repayment, Public surveys to extend over all, 4818. Stationery, etc., for surveyors-general, payment, 4462. Timber, cutting for certain purposes, 4989. Taking from public lands, 10216. Town-site entries on, 4799. Cemetery and park purposes, 4802. Title not acquired under, 4798, 4799. Title subject to mineral rights, 4790. Wisconsin, exempt from mining laws, 4653. Wyoming, potash lands, lease, 4640ee. Yellowstone Park, protection, regulations for, 5189, 5193. - - $ Yosemite National Park protection, 52.10. MINING See Mines, Mining, Minerals, Mineral Lands, Resowrces, and Claººms. Hydraulic, see Hydrawlic Mining. MINING CLAIMS See Mines, Mining, Minerals, Mineral Lands, Resources, and Claims. MINING FRECORDER See Mines, Mining, Minerals, Mineral Lands, Resources, and Claims. MINASTERLAL COURTS See Co?" Sºllar Courts. MIHNHSTERIAL OFFICERS ...Allowance for extraordinary expenses, 1416. IMINHS'ſ ER OF FINANCE See Hawaii. MINISTER OF THE INTERIOR See Hawaii. MINISTERS See Consular Courts : Diplomatic Of- ficers ; Foreign Diplomatic and Con- Sular Officers ; Foreign Relatio??.S. Appointment (Const. art. 2, § 2, cl. 2). Cases affecting, Supreme Court’s jurisdic- tion (Const. art. 3, § 2, cl. 2). Foreſ; books from library of congress, 139. Offering violence to, punishment, 7610. Process against person or servant of void, 7611. Penalty for suing out, 7612. Register of names of, 7613, 7614. When issuable, 7613. Judicial power of United States extended to cases affecting (Const. art. 3, § 2, cl. 1). Management of foreign affairs by Secre- tary of State, 300 Reception by president (Const: art. 2, § 3). United States, absence without leave, 3199. Authority to administer oath to appli- cant for patent, 9436. Applicant for trade-mark, 9487. Certification of service of notice in proceedings to restore lost records, 516 1516. Defined, 7676. Diplomatic officers, 3116. Guatemala, Costa Rica, etc., salary, Judicial authority, in certain coun- tries, 7633–7676. China, 7688. How exercised, 7690. º MINISTERS (Cont'd) United States (Cont'd) Piºuay, appointment and salary, Passports to citizens of United States, issue, 7623-7628. Salaries, 3117. Term during which salary is pay- able, 3.198. Transaction of business prohibited, 3130d. tºay, 'appointment and salary, MINISTERS OF RELIGION Contract labor laws not applicable to, 4289%b. Exemption from selective draft, 2044d. Free transportation, 8563. Permits for wines for sacramental pur- poses in District of Columbiá, 342.1% c. 'Reduced rates for transportation, 8595. MINK Killing in Alaska prohibited, penalty, for- feiture of vessels, etc., 8850. MINNESOTA Appropriation for payment of percentage of proceeds of public lands in, 6799 (42). Congressional consent to agreements with North Dakota. and South Dakota re- garding navigation and flood control, 9908a. Deputy district clerks, 1075. District clerks, 1075. District court, terms, 1075. District judges, 968. Indians, act relating to sale of lands al- }ººd in Severalty not applicable to, Acts relating to sale of timber on un- allotted lands not applicable to, 4230. Sale of dead timber on reservations authorized, 4123. Judicial districts, 1075. Mineral lands in, bona-fide entries on, may be patented when, 4653. Exempt from certain provisions of mining laws, 4653. Open to sale and pre-emption, 4653. Rights of way, connections with navigable waters, pieńs, wharves, etc., 5083. Navigabie waters defined, 5083. Railroad through reserved lands, 4931. Transportation charges, posting, 5083. Pºrs of secretary of interior, 5083. Swamp lands, drainage, 4970-4976. Provisions of swamp-lands act extend- ed to, 4965. . Restrictions upon grant of SWamp- lands to, 4958. Town-site laws extended to ceded Indian lands, 5019. Transcript into new books of records of district court, 1510. MINORS See Child Labor ; Definition, 4842. MHINTS Philippines, see Philippines. Accounts relating to, examination by Au- ditor, 420. Appropriations for, availability for use in temporary rented quarters, 6936, 6936a. Assay commissioners, appointment, 6518. Duties, 6518. Meetings, 6518. Testing standard Weights, 6520. Assayers, appointment, 1. Assay of bullion, 6468. Boise City and Charlotte, appointment, salaries, 6531. Bonds and oaths, 6533. Powers and duties, 6532. Bonds, 6438. As assistant treasurers, 6590. Bullion received for deposits, fitness to be determined by, 6467. Countersigning bullion-deposit certifi- cates, 6443. Denver mint, salary, 6423. Dies, destroyed in presence of, 6521. General duties, 6444, 6472. Ingots, duty as to, 6498. New York City, appointment, 6526. Assistants, clerks and workmen, appointment, compensation, 6529. Bonds, 6527. Duties, 6527. Member Of 6518. Oaths, 6527. Salaries, 6528. Children. assay-commissions, GENERAL INDEX IPage 2204] IReferences are to sections, except where otherwise indicated.] MINTS (Cont'd) Assayers (Cont'd) Nomination of subordinates, Receipts for deposits, 6501. Report as to quality of bullion, 6469. Salaries, 6434. Salt Lake City, salaries, 6430. Seattle, duties, 6429 Salaries, 6429. Trial pieces, duty as to, 6506. 6441. Verification, bullion-deposit certifi- cates, 6443. &: Calculations, etc., 6472. Assay Offices, accounts, examination by Auditor, 420. Appropriations, availability for use in temporary rented quarters, 6936, 6936a. Boise City, business of, 6530. Clerks, bonds, 6533. Employés, compensation, 6532. Officers, appointment, 6531. Bonds, 6533. Salaries, 6531. Place of deposit of public money, 6579, 6583. Superintendent, assistant treasur- er, 6583. Bond, 6533. Oath, 6533. Business of, 6530. Charlotte, 6530-6533. Clerks, bonds, 6533. Enuployés, 6532. Officers, appointment, 6531. Bonds, 6533. Salaries, 6531. Deadwood, 6427, 6428. Conduct of, 6428. Establishment, 6427. ... Denver mint, 6530-6533. Designation and location, 6416. Director of the Mint to have super- vision of, 509. Employés, appointment by Secretary of Treasury, 6432. Fºnse of gold bars for gold coin, Exchange of unparted bullion for fine bars, 6516, 65.17. & Expenses, monthly statement of, 6441. Provision for, 6523. Helena, 6424, 6425. Establishment, 6424. Refining charges, 6425. Melters and refiners, position abolish- ed, 6432. Mint laws extended to, 6527, 6534. New York City, 6524-6529. Assistants and employés, appoint- ment, salaries, 6529. Business of defined, 6524. Exchange of gold coins bars, 6464. Exchange of silver coin Coin, 6490. Laws relating to mints to, 6527, 6534. Officers, 6526. Duties, 6527. Salaries, 6528. Payment to depositors, 6512. Refining and parting of bullion, 6516, 65.17. Superintendent, appointment, 6526. Bond, 6527. Duties, 6527. Oath, 6527. Salary, 6528. Transfer of gold mint bars, 6525. Officers, absence, who to act, 6439. Payment for bullion in coin certifi- cates, 6513. Reports and estimates of persons em- ployed at, 6690. Reports of operation of, increase in number of copies, distribution, 7123. Saint Louis, 6426. Salt Lake City, 6430. Conduct of, 6430. Officers, etc., 6430. Scales, altering, 10336. Officers, 6429. Seattle, 6429. superiºndents, Boise City, etc., 6533, 8 New York City, 6526–6528. Weights, altering assay offices, 10336. Procuring, testing, etc., 6520 Assaºuillon, deposited at mints, 6467– for gold for gold extended Bullion, New Orleans mint, 6418. Duties of assayers, 6444. MINTS (Cont'd) Assays (Cont'd) Imported lead ores, 52910152), 5616. Imported zinc ores, 52910162). o; at bonded smelting warehouse, 73 Bullion, assay, 6443, 6465, 6468, 6469. ASSayers, certificate of calculation of Value, 6472. Delivery of part to, 6468. Duties, 6444. Assay offices, duties, 6530. Bars and ingots, assay, etc., 6497-6499. Delivery to coiner, 6499. Delivery to depositors, 65.11, 6512. Exchange, for gold coins, 6525. Exchange of unparted metal for, 6515, 6516. Gold and silver, 6.463-6466. Making, who, 6497. Manufacture at New York assay office, 6524. Melter and refiner, duties as to, 5 6445. sºns for payment of deposits, 0. 501. Standard, 6500. Deviation from, 6500. Transfer from New York assay of- fice to assistant treasurer’s Of- fice, 6525. Bullion fund, providing for, 6512. Clippings, disposal of, 6507. Coining, charges for, 6470, 6471. Deposits for, 6443, 6465, 6466. Refusal, 6465. Reports of to director, by su- perintendents of mints, 6440. Gold bullion, 6465. Silver bullion, 6466, 6479. Subsidiary coins, 6485. Delivery to depositors, 6511, 6512. Exchange for fine bars, 6515, 6516. Fineness, determination of, 6469. Gold, deposits of, 6466. New Orleans mint, stamping at, 6418. Silver for, 6419. NeW sº assay office, coinage at, aSSaying and Deputy assistant treasurer at, re- ceipts by for bullion, 6592. Transfer of gold mint bars from to Assistant Treasurer’s office, 525, T’arting and refining, 6516, 65.17. Appropriation for repeal of, dipso- tion of unexpended balance, 6691. Payment for in coin certificates, 6513, 4. Purchase of silver bullion, 6473-64.79. Limitation, 6547. Seigniorage, 6547. Quality determination, 6469. Regulation, etc., of transactions in, 31.15% c. Reserve fund, 6481. Silver bullion, 6467. Deposits of, 6466. Melting or breaking up standard silver dollar and sale as bul- lion, 6478a–6478d. New Orleans mint, 6419. Purchase, 6473-6479. For coinage, 6473. Limitation, 6547. Seigniorage, 6547. Treasury notes in payment, 6474. Superintendents of mints and assay- ers, deposits with, 6565. Transfer, New York assay Philadelphia mint, 6524. Transfer for coin ingots, 6497. Transportation, contracts for trans- portation of, 6841. Shipper to notify carrier, etc., 8019. Vessels of United States, 7795. Treasury, deposits in, certificates, 6564. U; States treasurer deposits with, 7 Office to Unparted, exchange at mints for fine bars, 6515, 6516. Value, weighing 6467. Verification of calculations, 6472. Bureau of Mints, 507–509. Clerks in, appointment, 509. Establishment, 507. Carson City, depository of public money, 6579, 6583. and ascertaining, MINTS (Cont'd) Charges, etc., money from, to be covered into Treasury, 6523. - w Clippings, disposal of, 6507. Coins and coinage, general provisions, 6416-6540. Assay commission to examine and test, appointment of and duties, 6518. Assayers, duties, 6444, 6445. Authority of Congress (Const. art. 1, § 8, cl. 5). Bullion, assay, 6468, 6469. Charges for converting into coins, 6470, 6471. Cºlº be paid to depositors of, Goid, 6463-6466. Exchange for Bold coins, 6525. Transfer from New York assay Delivery to coiner, 6499. Standard of used for, 6500. Transfer of bullion for forma- tion into, 6.97. Payment for in coin certificates, 6513, 6514. Pºſſent of coin to depositors of, Refining and parting, 6515–6517. Silver bars, 6463–6466. Transfer from New York assay office to Philadelphia mint, 6524. Wººns and ascertaining value, 6467. certſºes. payment for bullion, 6513, 6514 Receivable for duties on imports, 6379. Redemption, 6525. cºcates of deposits in Treasury, Coiners, allowance for wastage, 6509, Annual settlement of accounts of, 6508. Appointment, 6441. Bonds, 6438. Delivery of coins to superintend- ents, 6505 Denver mint, salary, 6423. Destruction of dies, 6521. Disposals of clippings, etc., 6507. Duties, 6446, 6505. - º: delivered to for coinage, 6499. Position abolished, 6432. Counterfeiting dies for United States coins, 10339. Debasing coins, 10336. Decimal system, 6535. Delivery by coiner, 6505. Delivery by superintendents of mints, 6443 Delivery to depositors, 6511. Denominations, gold, 6448, 6457. What not to be issued, 6459. Denver mint, 6420. Destruction of obverse working dies annually, 6521. Deviation allowed in adjusting Weight of gold, 6502. Of minor coins, 6504. Devices and legends on, 6461, 6462. Diameter, 6447. Dies for, 6447. Engravers, duties, 6447. Exchange, gold coin for gold bars, 6464. Lawful money for subsidiary sil- ver coin, 6492. Subsidiary silver coin for lawful money, 6491. TJnparted bullion for fine bars, . 6515, 6516. Falsifying, multilating, or lightening, 1033 Fineness, gold, 6448, 6457. Foreign coins, coinage for foreign. Countries, 6460. Debasing, 10336. Gold coin, deposits with assistant treasurers at New York an ºf San Francisco, gold certifi- cates, 6567. Receivable in payment of pub- lic lands, 4775 Not legal tender, 6571. Pound sterling, value fixed, 6537. Recoinage, 6538-6540. Spanish and Mexiean, 6539. Transmission for recoinage, 6540. GENERAL INDEX [Page 2205] [References are to sections, except where otherwise MINTS (Cont'd) Coins and coinage (Cont'd) Foreign coins (Cont'd) Value, how ascertained, 6536. Spanish and Mexican coins, Gold coins, alloy of gold to be of Cop- per, or copper and silver, 6457. Deposits with superintendents of mints and assayers, 6565. Depoº, with treasurer, etc., 6564- 656 Certificates, 6564-6567. Fineness, 6448, 6457. Parity, borrowing gold on security of United States bonds or gold notes for purposes of maintain- ing, 9803. Paying out silver coins for, 6490. Recoinage, 6450, 6451. Three dollar and one dollar pieces, 6450. - Reduced in weight by abrasion, when receivable by United States officers at nominal values, 6442. Report of by mint superintendent, 6440. Three dollar and one dollar pieces, discontinued, 6449, 6450. Withdra Wal and recoinage, 6 450. Weight, 6448, 6457. Hawaii, 3740-3744. Recoined at San Francisco mint, Inscription on, 6461, 6462. International bi-metalism, not preclud- ed, 6487. Making or uttering coins resembling money, 10337. Mººs, striking at Philadelphia mint, Melters and refiners, duties, 6445. Minor coins, alloy, 6458. Cleaning, 6496. 1)elivery of, 6495. Five and one cent pieces, 6458. Minor coinage profit fund, 6494. Purchase of metal for, 6494. . Recoinage, nickel three cent piec- es, 6450. Redemption of, 6495. Reissue and recoinage, 6496. Rººt of, by mint Superintendent, 40. - Weight, 6458. Mints and assay-offices, 6416-6447. Enumerated, 6416. Money arising from, to be covered in- to Treasury, 6523. New designs, 6447. New Orleans mint, assaying and stamping of bullion, 6418. Reopened, 6418. Silver bullion for, 6419. Nickel three cent pieces, discontinued, withdrawal and recoinage, 6449, 6450. o; dollar gold pieces discontinued, 49. Payments in coin, certificates of in- debtedness of United States, 6830. Debts due United States, 6379, 6380. Diplomatic and consular fees, 3206. Duties on imports, 5710. Judgments for, 57.19. Legal tender, foreign coin not, 6571. Gold coin, 6572. Minor coins, not exceeding twenty-five cents, 6574. In Philippines, 3893. Quality of silver dollar, etc., not affected, 6482. Silver dollar, 6453. Subsidiary silver coins, 6573. Panama Canal bonds, 6826, 6828. Philippine bonds, 3874. Municipal bonds, 3877, 3881. Pºlº improvement bonds, 8. Philippine silver certificates, 3899. Pºse on foreign mail-matter, 6. Spanish and Mexican coins, 6539. Treasury notes, 6475. Provided for by Federal Re- serve Act, 9800ſ?). United States bonds, 6809, 6825, 6830. Coin receipts from customs du- § pledged for payment of, United States coins only, dues to government, 6380. Public Hands, 4775. MINTS (Cont'd) Coins and coinage (Cont'd) Philippines, 3886–3904. Coinage at United States mints, 3890, 3901. Porto Rico, re-coining, 3758. Redemption, 3758. Purchase and sale of by Secretary of Treasury, 6814, 68.15. Recoinage, foreign coins, 6538, 6540. Gold coins, 6450, 6451. Hawaiian coins, 3741. Minor coins, 6496. Nickel three cent pieces, 6450. Porto Rican coins, 3758. Subsidiary silver coins, 6486. Representation of United States at in- ºnational monetary conference, 5. Silver coins, alloy of silver to be copper, 6457. - Denominations, 6452, 6453. Deviations weight, 6503. Dollar, 6476, 6479. Inscriptions, 6453. Legal tender, 6453. Seigniorage, 6476. Fifty cent piece to commemorate one hundredth anniversary of admission of Illinois as state, 6452a, 6452b. Fineness, 6457. Free transportation, 6493. Issue in exchange for legal-tender notes, 6545. Melting or breaking up, and sale as bullion, 6478a–6478d. Paying out for gold, 6490. Purch; of bullion for, 6473-6479, 4 Charges and deductions, 64.77. Coinage into silver dollars, Of Determination of quality of bullion, 6477. Payment with treasury notes, Repeal, 6478. Treasury notes, 475 Fund, 6481. Limitation of amount out- standing, 6475. National bank reserve fund, 6475. Parity of medals, 6475. Redemption, 6475. Rºue of redeemed notes, legal tender, 6481. Quarter dollars, changes in de- sign authorized, 6462a. Rººt of by mint superintendent, 6 Silver profit fund, 6473. Standard weight and fineness, 6452, 6453, 6457. Subsidiary, aggregate amount out- standing, 6485. - Issue in redemption of fraction- al currency, 6542, 6546. Disposition of currency re- deemed, 6544. Recoinage of uncurrent, 6486. Silver bullion into, 6485. Limitation of amount re- moved, 6488. Silver dollars, 6477, 6479. Cancellation of Treasury notes on coinage of and issue of Silver certificates, 6483. Standard of gold and silver, 6457. Standard troy pound, 6519. Standard unit of value, 6480. Standard weights for regulation of, 6519, 6520. Procuring, testing, etc., 6520. sº prohibition (Const. art. 1, § 10, C ge Superintendents of mints duties, 6440, 6441, 6443. T; dollar gold pieces discontinued, Transportation, contracts for, 6841. Conveyance for United States by vessels of United States, 7795. Shipper to notify carrier, etc., 8019. Trial pieces, 6505, 6506. Sealing and transmission to Phil- adelphia mint, 6505, 6506. Unauthorized, prohibited, 6459. Weight, gold, 6448, 6457. Gold, deviations, 6502. Silver, deviations, 6503. indicated.] MINTS (Cont'd) Crimes, counterfeiting dies for foreign coins, 10340. Counterfeiting dies for United States coin, 10339. cºrteiting gold or silver coins, Counterfeiting minor coins, 10334. Debasing by officers of mint, 10336. Embezzlement by officers, 10336. Fiºns, mutilating, or lightening, 35. Forfeiture of counterfeit coin, 10342. Punishment for failure to deliver, Mails, using to promote fraud, 10385. Making and importing, etc., tokens, prints, etc., similar to United States or foreign coins, 10341. º Making or uttering coins resembling money, 10337. Making or uttering devices of minor coins, 10338. Search warrant for counterfeit coin, forfeiture, 10343. Denver mint, business of while conducted as assay office, 6530. Clerks, etc., 6421–6423. Coinage of gold and silver at, 6420. Depository of public money, 6579. Laws applicable, 6422. Officers, salaries, 6421, 6423. Depositors, charges to, expenditure, 6513. Delivery of coin, bars, or money to, 6511, 6512. Director of the mint, acting Secretary of Treasury to designate, 6439. Annual settlement, duty as to, 6510. Appointment, 507. Approvals by, appointments, ants, etc., in mints, 6441. Appointments to act in case of ab- sence, etc., 6439. - Bonds, assistants, etc., 6438. Officers at assay offices, 6533. Purchase of bullion for silver coin- age, 6473. - Purchase of metal for minor coin- age, 6494. Regulations for striking, etc., med- als, 6522. Assay-commissioners, calling meeting of, 6518. Books, etc., of treasurers of mints, ex- amination, 6654. - Charges for refining at Helena assay- office, fixing, 6425. Coins, copy of trial-piece, be sent to, 6506. Foreign countries, 6460. Minor coins, delivery, 6495. New designs for, 6447. - Regulations for transmission of sil- ver coins to, etc., 649 Regulations for transmission of Spanish and Mexican coins for recoinage, 6540. - Tests prescribing, 6506. Valuation of foreign coins, 6536. Exchange of unparted bullion for fine bars, 6515. - Expenses, 508. General power and duties, 509. Mºis, etc., regulations for striking, Reports by, increase in number of copies, distribution, 7123. orgations of mints of Treasury, Metals, distribution, assist- record to Production of Precious number of copies, 7084. Reports to, 6440, 6441. Rules for exchange of fine bars for unparted bullion, 6515. Salaries, determination of certain by, 435. Under, rate, 6436. Salary, 508. - Silver bullion in gold deposits, price of fixed by, 6466. Standard weights, procuring and regu- lation, 6520. Superintendents of mints, approved by, 6440. Eeports, regulation of, 6440. Statement of balance-sheets forwarded to, 6510. Supervision of mints, 509. Supreme Court reports for, 1203. Term of office, 507 control of of, wages, determination by, 6435. GENERAL INDEX [Page 22061 [References are to sections, except where otherwise indicated.] MINTS (Cont'd) - Employés, appointment by Treasury, 6432. - Salaries and wages of, 6435. Gold, bullion, assaying, 6468, 6469. Bullion assay offices, duties, 6530. Bars, casting by mints, 6463, 6465. Deposits of bullion, 6465. Secretary of Certificates for deposits bearing mint stamp of, 6567. Exchange of coins for, 6464. Transfer from New York assay- office to assistant treasurer’s office, 6525. Weight, 6463. Dealings in by Federal Reserve banks, 9797 (2a). - Deposit for coinage, etc., 6465. Deposit with superintendents of mints or assayers, 6565. Ingots, duties of melters and refin- ers, 6445. sºard of used for coinage, Ø {-} Weighing and ascertaining fineness of, 6467, 6472. Coinage, 6416-6540. Allowance for wastage, 6509. Denver mint, 6420 Report by mint 6440. Coins, assay commission to examine and test, 6518. Counterfeiting, 10333. Dies for United States coins, 10339. - Dealings in by federal Reserve banks, 9797(2a). Denomination, weight, and fineness 'superintendents, of, 6448, 6457 Deposits with treasurer, etc., 6564– 6567. Deviations allowed in, 6502. Exchange for gold bars, 6464. Exchange for silver, at par, 6.490. Exchange of gold bars for, 6525 Falsifying, mutilating, or lighten- ing, 10335. Foreign debasing, 10336. Deposits with assistant treas- Urer at New York and San. Francisco, 6567. Not legal tender, 6571. Inscriptions on, 6461, 6462. Legal tender, 6572. Making or uttering coins resem- bling money, 10337. One-dollar pieces, withdrawal and recoinage, 6449. Panama, Canal bonds redeemable in, 6826, 6828. Parity with silver, 64.75, 6478. Paying out silver coins for, 6490. Payments with, certificates of in- debtedness for reclamation fund, 4711. Duties and other debts to Unit- ed States, 6379, 6380. TJnited States bonds and certifi- cates of indebtedness, 6830. United States bonds and inter- est, 6825. Receivable at nominal value, when, Récoinage, 6450, 6451. Foreign coins, 6538. Rºption of treasury notes, 6475, Reserve fund, 6481. Standard money, 6478. Standard unit of value, 6480. Three dollar pieces, withdrawal and recoinage, 6449. Trial-pieces, 6506. Transmission to Philadelphia Mint, 6506. Federal reserve notes redeemable in, 9799(1). International bi-metalism not preclud- ed, 6487 Payments in, seamen’s wages, 8337. Subscriptions to capital stock of Federal reserve bank, 9786(3). Treasury notes provided for by Federal Reserve Act, 9800 (7). sºlºby Secretary of Treasury, 6814, Shippers, notice to carrier, etc., 8019. Medals, striking at Philadelphia, 6522. Melters and refiners, allowance for wast- age, 6509. Annual settlement, 6508–6510. MINTS (Cont'd) Melters and refiners (Cont'd) Appointment, 6431, 6441. Bars for payment of deposits, duties as to, 6501. Boise City and Charlotte, ment, salaries, 6531. Bonds and oaths, 6533. Bond, 6438. Bullion, determination of mode of melting, 6467. Coins, duties as to, 6505. Denver, salary, 6423. General duties, 6445. Ingots, duties as to, 6497. New York, appointment, 6526. 7. appoint- Bond, Duties, 6527. Oath, 6527. Salary, 6528. Nomination of subordinates, Office of, abolished, 6432. Established, 6431. Salaries, 6434. Salt Lake City, duties of, 6430. Seattle, assayer to perform duties of, 429 6441. assayer to perform New Orleans, assaying and stamping of bullion, 6418. Reopened, 6418. Silver bullion for, 6419. Officers, 6431. - Acting as assistant treasurers to give bond, 6590. Assistants, and clerks, oath and bond, 37 6437. Oath, 6437. Salaries, 6434, 6436. * Purchase by Secretary of Treasury, 6814, 6815. Refiners, annual settlement of accounts, 6508: 6510. Bullion at mints and assay offices, 6:515–6517. Report of operations of, increase in num- ber of copies, distribution, 7123. Reports and estimates of persons employ- ed at, 6690. & Reservations for town-site laws inappli- cable, 4800 Silver, bullion, assaying, 6468,6469. Bullion, assay offices, duties, 6530. Bars, 6463–6466. Casting by mints, 6463, 6466. Deposits at mints to be form- ed into, 6466. Weight, 6.463. - Coinage into subsidiary coins, 6485. Deposit for bars, 6466. Ingots, duties of melters and re- finers, 6445. Standard of for coinage, 6500. Melting or breaking standard sil- ver dollars and sale as bul- lion, 6478a–6478d. Allocation for subsidiary coin- age deemed sale, etc., 6487c. Authority, 6478a. Price at which to be sold, 6478a. Purchase of silver from mines, etc., amount, price, etc., 6478b. ©º Purposes for which bullion may be sold, 6478c. Resale or coinage of Silver purchased, 6478b. Reimbursement of Treasurer for difference between nomi- nal value of dollars melted and value of bullion at $1 per ounce, 6478d. Retirement of outstanding sil- ver certificates, 6478a. New Orleans mint, 6419. Purchase, 6473-6479. " For coinage, 6473. Limitation, 6547. Treasury notes in payment, 6474. Seigniorage, 6547. Shipper of, to notify carrier, etc., 8019 Transfer from New York assay office to Philadelphia mint, 6524. Weighing and ascertaining Value, 6467, 6472. Coinage, 6416-6540. Allowance for wastage, 6509. Bullion purchased, 64.79. MENTS (Cont'd) Silver (Cont'd) Coinage (Cont'd) Of bullion, subsidiary coins, lim- itation of amount removed, 6488. Cancellation of treasury notes On coinage of silver dollars and is- Sue of silver certificates, 6483. Denver mint, 6420. Dollars, seigniorage, 6476. Fifty cent piece to commemorate one hundredth anniversary of admission of Illinois as State, 6452a. 6452b. Profit fund, certain charged to, 6540. Creation, use, etc., 6473. For wages, prohibited, 6523, Purchase of bullion for, 6473. Recoinage of uncurrent subsidiary coins, 6486. Report by mint superintend- ents, , 6440. Coins, assay-commissioners to exam- ine and test, 6518. Counterfeiting, 10333. Denominations, 6452, 6453. Deposit with treasurer in exchange for silver certificates, 6454. Deviations allowed in, 6503. Dollar legal tender, 6453. Exchange for legal-tender notes, recoinage 6545. For subsidiary coin, 6492. \ Foreign, not legal tender, 6571. Received for public lands, 4775. Fºransportation of silver coin, Inscriptions, 6461, 6462. Silver dollar, 6482. Subsidiary coins, 6573. Melting or breaking standard sil- ver dollars and sale as bullion, 6478a–6478d. Minor coins, cleaning, 6496. Cleaning, reissue and recoinage of minor coins, 6496. Delivery, 6495. Exchange, 6495. Inscriptions, 6461. Parity with gold, 6475, 6478. Paying out, 6490. For gold coins, 6490. Payment of duties and other debts to United States, 6379, 6380. Public dues, other than standard coin not to be received for, 6.380. Rºnage of foreign coins, 6538– 40. maintenance, Redemption of treasury notes, 6475. Begulation, etc., of transactions in, 31.15% c. Reports by collectors of customs of in cargoes intended for ex- port, 31.15%gg. Spanish and Mexican coins, re- coinage, 6539, 6540. Standard money, 6478. Subsidiary coins, exchange for lawful money, 6491. Issuance in redemption of frac- tional currency, 6542, 6546, Disposition of currency re- deemed, 6544. Legal tender, 6573. Transmission to assistant treasur- ers, depositaries, etc., 6490. Trial-pieces, 6506, Transmission to Philadelphia Mint, 6506. Weight, 6452, 6453. Weight deviations, 6504. Deposit with treasurer in exchange for silver certificates, 6454. Gold certificates not to be paid in, 6453. International bi-metalism not preclud- ed, 6487. Statement of balance-sheet to be sent to Director, 6510. º Superintendents of mints, absence, chief clerk to act, 6439. - - Accounts and settlements of coiners and melters and refiners, 6508–6510. Appointment, 6431. Appointment of substitutes in absence of officers with consent, etc., 6439. Bars, delivery to by melters and re- finers, 6501. Bonds, 6438. GENERAL INDEX [Page 2207] [References are to sections, except where otherwise indicated.] (MINTS (Cont'd) - |Superintendents of mints (Cont'd) Bonds of assistants, etc., 6438. Books, etc., of treasurers of mint, ex- amination by, 6654. Buliº delivery to assayers, 6443, . Purchase for silver coinage, 6473. Weighing and valuation, 6467. Carson City, assistant treasurer, 6583. Clippings, duties as to, 6507. Coiners, duties of devolved upon, 6432. Coins, delivery to, 6443, 6505. * Delivery to depositors, 65.11. Duties as to, 6443, & Denver, salary, 6423. a Dies, destruction in presence of, 6521. General powers and duties, 6440, 6441 Gold, deposits with, 6565. Ingots, delivery to coiners, .6499. Duties as to, 6497–6499. Medals, regulations for striking, 6522. Melters and refiners, duties of devolv- ed upon, 6432. Minor coins, exchange, 6495. Purchase of metal, 6494. Oaths, 6437. Oaths of employés, 6437. Office created, 6431. Ordinary expense account, 6510. Philadelphia, regulations as to medals, Reports by, 6440. Salaries, 6434. Standard weights, testing, 6520. Statement of balance-sheet to Director of Mint, 6510. - Treasurer, duties of performed by, Trial pieces, duties as to, 6505, 6506. Wages, determination by, 6435. Title of the several, 6416. Wastage, allowance for, 6509. MISAPPROPRIATION Discharge in bankruptcy, MIS BRANDING Apple barrels, 8736. Food and drugs, 8717-8728. Place of production, etc., 8729. Insecticides and fungicides, 8765–8777. Seeds, tests for, 8741. MISCONHOUCT Army officer or soldier before enemy, pun- ishment, 2308a, art. 75. Ministers and consuls of United States in Certain foreign Countries, acting as con- Sular courts, 7655. Retirement of navy officers for, 2626, 2635. MISHDEMEANORS See Crimes and Offenses. 96.01. Distinguished from felonies, 10509, º MISPRISHON OF FELONY" Punishment, 10316. MISPRISION OF TREASON Punishment, 10167. MISSIONAR HES Immigration, 428914b. MISSIONARY LANDS Alaska, sale prohibited, 5082. Oklahoma, 5020. IWIISSIONARY STATIONS Alaska, 5094, 5095. MISSION SCHOOL Indian reservation, rations, etc., 4166. MISSISSIPPI Clearance from ports in, of vessels lad- en with live-oak timber, 4982. Deputy district clerks, 1076. Deputy marshals, 1076. District clerks, 1076. District court terms, 1076. District judges, northern and southern districts, 968. Judicial districts, 1076. Marshals, 1076. Naval reservations, restoration to public domain, etc., 4985. Town site entries, 4985. MISSISSIPPI RIVER, Com/mission, see Mississippi Com/mºission. Commission, 9993-10003. Experimental freight transportation, 9902a. Flood control, 10030%a. Allotments for improvements of wa- ter courses connected with, Mis- sissippi River, 10030%a (2). Aºtions. expenditure, 10030%a. à, tº River MISSISSIPPI RIVER (Cont'd) Flood control (Cont'd) Construction or repair of levees, 10030%a (1) [b]. s Expenditure of appropriations for rights of way, 1003034a (1) [b]. Improvements between head of passes and Rock Island, 10030%a.(1) [b]. Maintenance of levees, 10030%a.(3). Powers of Secretary of War, 10030%a. Improvement, allotments for, 10002a. Arºpriations for, dispositions of, Plans for, 9998. St. Paul to Minneapolis project, 99.91. Jurisdiction of lighthouse board extended over, 8427. . Lighthouse districts, lighthouse inspec- §: designation of army engineers, Regulations, 9893. Reservoirs at headwaters, gauging Waters during operation, payment for, 9893. Saw-mills in Wisconsin and Minnesota, piers or cribs, 99.11. Snag boats and removal of obstructions, ºrant for expenditures, statement of, South Pass, defined, 9931. Examinations and surveys, Warrant for expenditures, statement of, 9894. Maintenance of channel, Warrants for, 9896, 9897 Regulations for navigating, 9981. Termination of contract for mainte- nance, 9896. Southwest Pass, defined, 9931. Regulations for navigating, 9931. Steamboats upon, quarters for crew, 7734. Steam pressure allowed freight boats, 8176, 8177. - Wateº and observations, locations Or, e - Warrants for expenditures, limit and Statement of, 9857. West Char, nel between Grand Island and mainland opposite La Crosse nonnaviga- ble, 9842. MISSISSIPPI RIVER COMMISSION General, provisions, 9993-10003. Appropriations, disposal of, 10001. Improvements, expenditure in accord- ance with plans of, 10002, 10002c. Arkansas River, jurisdiction over portion of, 10002c. Assistants, 9997. Creation, 9993. Duties, 9997, 9998. Employment of additional force, 9997. Headquarters, 10003. Instruments for use of, 9997. Jurisdiction, extension of, 10002c. Machinery for use of, 9997. Meetings, 10003. Time of, fixed by President, 10003. Memº army engineers detailed as, 999 Coast and geodetic survey officers and men detailed as, 9997 Compensation, 9994. Appointees from Coast and Geodet- ic Survey, 9995. Civilian members, 9995a. Eligibility, 9994. Number, 9993. Removal by president, 9994. Term of office, 9994. Notice of meetings, 10003. Offices of, 10003. Ohio River improvements, no jurisdiction over, 10002b. Plans, immediate works, 9999. Improvement of navigation, President, designation of, 9994. Times of meetings fixed by, 10003. Purchase of vessels, 9997. Report, delivery to public printer, print- ing with index, 9873. To Secretary of War, transmission to Congress, 9998. Secretary, 10000. Surveys, 9997. Travel expenses of civilian members, etc., 9998. Vacancies, how filled, 9994. Vessels for use of, 9997. MISSOURI KCertificates of location claims, 5105. 8 Deputy district clerks, 1077. Deputy marshals, 1077. District clerks, 1077. of private land District court terms, 1077. MISSOURI, (Cont'd) Judicial districts, 1077. Marshals, 1077. Militia, pension act extended to, 9023, 9024, Mineral lands, disposal of, as agricultural, Mounted volunteers, pension act extend- ed to Powell’s Battalion of, 9045. Permanent appropriation for payment of percentage of proceeds of public lands in, 6799(42). Public lands, private entry, 4760. Private sale, 4764. Titles confirmed, 5099. Existing rights not affected, 5100. Receivers, office at Springfield abolished, 4515a. Rºger of land titles, office abolished, Rivers that are nonnavigable, 9847-9854. Swamp lands, grant of, 4967. Homestead entries, 4966. MISSOURI RFIVER, * Jurisdiction of lighthouse board extended over, 8427. - MIHSTARIE - Entry, selection or location of public lands, 4780. Land entries, 4777. Land patents, 4778. Location of land warrants, 4779. Lºon of military bounty land Warrant, 858. - MITIGATION Fines, penalties, and forfeitures, camping on fisheries without license, etc., 8126. Due Post-Office Department, 601. Under merchant seamen shipping laws, 90 Motor boats, 8285. Punishment by commanding officers, 2308a, art. 104. Sentence of court-martial, 2308a, art. 50, 2430, 3024, 3025. Of deck court, 2990. MIXED FLOUR Internal revenue tax, amount, 6262. Assessment of tax on when sold with- Out stamps, 6263. Bonds on exportation without payment or tax, 6266. Brands, marks, etc., 6259. Exported flour, 6266. Imported flour, 6264. Repacking, tax, packages, 6262. Card showing contents to be inserted in package, 6259. A. breaking of original package, Definitions, 6258. Destruction of stamps on mixed flour packages, 6267. Exportation without payment of tax, bond, 6266. Marks on packages, etc., 6266. Fºrfeitures, recoverable in any court, imported C. Imported, amount of tax, 6264. Marks, brands, labels, etc., 6264. Stamps for payment of tax, 6264. Tax in addition to duty, 6264. Labels, 6261. Imported flour, 6264. Packages on breaking of originar package, 6262. Manufacturers, amount of tax, 5980. Notices on packages, 62.61. *; breaking original package, 6262. Offenses, failure to destroy stamps on emptied packages, 6267. Failure to mark, brand, etc., pack- ages taken from original pack- age, 6262. Failure to mark or brand packages or insert card showing contents in same, 6259. Failure to place label and notice on packages, 6261. Punishment for, 6270. Purchasing, etc., imported mixed flour not branded, labeled or stamped, 6264. Purchasing from manufacturer, etc., who has not paid tax, 6265. Sale in unlawful package or false- ly marked or branded, 6260. Packers, amount of tax, 5980. Penalties recoverable in any court, 6268. GENERAL INDEX IPage 22081 [References are to sections, except where otherwise indicated.] MIXED FLOUR (Cont'd) Internal revenue tax (Cont'd) Purchasing mixed flour from manu- facturer who has not paid tax, pen- alty, 6265. Regulations to carry act into effect made by commissioner of internal revenue, 6269. Sales and consignments to be in pack- ages not before used, 6260. Second offense, penalties, 6270. Stamps, assessment of tax when sold without, 6263. Imported flour, 6264. Packages to be destroyed, pen- alty for neglect, 6267. Tax to be paid by, 6262. MOHDEL MAKERS - Navy department, employment, appropria- tions, 615, 615a. MODIELS - Appliances connected with national de- fense, 102.12a. " Communication of, 102.12b. º Applicant for patent to furnish, When, 9435. Patent-Office, 746—748. - Removal authorized from Capitol office buildings, 3380a. MODIFICATION - Interlocutory orders in proceedings for civil relief of soldiers and Sailors, 30.78%rr. Judgments, etc., by Supreme Court, 1669. Orders of Interstate Commerce Commis- sion, 8583–8585. Physical valuation of property of common carriers by Interstate Commerce Com- mission, 8591. MOIETIES Informers and customs officers, payment prohibited, 5796. MOIETY ACT See Informers. Informers, 1713, 5525, 5683, 5684, 57.14, 5796– 5804, 10132-10134. MOLASSES Customs duties on, 52910177). MONETARY COMMISSION See National Monetary Commºnission. Public documents of, reprinting for sale, 7140. MONETARY CONFERENCE International, representation of United States, 6455. MONEY - * > See Circulating Notes ; Gounterfeiting; Currency Depositaries of Public Moneys ; Federal Reserve , Banks : Foreign Coins ; Gold : Lawful Mon- ey ; Legal Tender ; ints; Nation- al Banks ; Nickel Coins ; Public Money : Silver; Trade Dollar ; Treasury Notes; United States Notes. Accounts to be expressed in decimal Sys- tem, 6535. Coinage, mints, etc., 6416-6540. Contract for transportation of, 6841. Currency, 6541-6570. º Estimates for expenses of laundering pa- per money, 6692. Legal tender, 6571-6577. Matter relating to spurious money non- mailable, 7342. Offenses against currency, 10317-10348. Payment into court, 4 Coinage, etc., place for deposit, Withdrawal from deposit, 1645. Permanent appropriations for repayment of moneys paid under protest, 6799(22). Public moneys, 6578-6670. Recently covered into treasury, refunding, 6799 (14). - Reports by collectors of moneys in car- goes intended for export, 31.15%gg. Superintendents of mints to receive, 6443. Treasurer to keep, how, 478-481. MONEY ORDERS See Postal Money Orders. Loss of funds, adjustment by postmaster general, 7211. MONGOLIAN IABOR. Employment on irrigation works prohib- ited, 4703. - MONOGRAPHIS Geological Survey, distribution, 7149, 7150. Necessity of specific appropriations, 7149. Publication for exchange or sale, 7151. MONOPOLIES See Federal Trade Coºn mission and Unfair Competition ; Imports and Importation ; Trade-Mark's and Trade-Names. General provisions, 8820–8836. Agricultural societies, exception of, 8835f. Anti-Trust laws, defined, 8835a (1). Appropriation for enforcement of laws, 8578. Attorneys, fees, recovery, 8835d. Banks and trust companies, directors, Of- ficers, employes, not to hold office in more than one bank, exception, 8835h. Clayton Act, 8835a–8835p. Coal mines in Alaska, 5077. Prohibition, 5078i. Combinations in restraint of trade of mis- demeanors, 8820. Commerce defined, 8835a.(2). Common carriers, aid in construction of branch or short lines not unlawful, 8835g. Enforcement of Clayton Act by Inter- state Commerce Commission, 8835.j. Equity suits for injunctive relief not to be brought, exception of suits by United States, 8835o. Restrictions of dealings with certain corporations having same person as director, officer, etc., 8835i. Contracts for sale of goods, conditioned that competitors’ goods shall not be used, 8835c. Corporations, acquisition of stock of oth- er corporations, restrictions, excep- tions, 8835g. Directors, officers, or agents, criminal liability for violation, 8835m. Inºking directorates, exception, 5h. Costs, recovery, 8835d. Criminal prosecution, judgment, prima facie evidence in other proceeding, 8835e. Limitations, suspension during pend- ency of civil proceedings, 8835e. Damages, amount of recovery, 8835d. Definitions, 8835a (1–3). Discrimination in price between purchas- ers of Commodities unlawful where tending to create monopoly, 8835b. District attorneys, duties, 8823. Effective date of act approved Sept. 8, 1916, 6371b. Enforcement of Clayton Act, 8835.j. * Hearings, 8835.j. Orders, enforcement and review, 8835.j. Service of complaints, orders, and other processes, 88355. Federal Trade Commission act not to af- fect enforcement of anti-trust acts, 8836e, 8836k. Federal Trade Commission and unfair competition, 8836a–8836r. Food and necessaries, prohibition against, 31.15%ff. Forfeiture of property in transit, 8828. Pipe line companies in Arkansas for violation of anti-trust law, 4957. Horticultural societies, exception of, 8835f. Importation and sale of goods at less than foreign market value, 88361-8836r. Injunction, procedure, hearing, 8823. Threatened loss or damage, 8835o. Interlocking directorates forbidden, ceptions, 8835h. Judgments, prima facie evidence in other proceedings, 8835e. Jurisdiction of district courts, 991(23), 823. Labor not a commodity, 8835f. Labor unions, exception of, 8835f. Limitations, suspension during pendency of criminal or civil proceedings, 8835e. Monopolizing, etc., trade, misdemeanor, penalty, 8821. Partial invalidity, act Sept. 8, 1916, effect, 6371b. Clayton Act, 8835p. Penalty, 8820. “Person” defined, 8830, 8835a (3). Potassium land leases, provisions in, for prevention of, 4640h. Precedence of hearings of suits, 8824. findings, ex- MONOPOLIES (Cont'd) Railroads, aiding in construction of branch or Short lines not unlawful, 8835g. Restraint of import trade, agents or prin- Cipals, 8831. Contracts filed with United States Shipping Board not subject to anti- trust acts, 8146h. District attorneys’ duties, 8832. Forfeiture of property in transit, 8834. Injunction, 8832. Jurisdiction of courts, 8832. Penalty, 8831. Sales under foreign market price pro- hibited, 88367–8836r. suits, ºnsing in additional parties, Hearing, 8832. Q By persons injured, amount of re- covery, 8835. Attorney’s fee, 8835. Procedure, 8832. Temporary restraining order, 8832. Use Qf Panama, Canal prohibited, 8836. Restraint of trade by, illegal, 3820. Sales conditioned that competitors' goods Shall not be used, 8835c. Sherman Anti-trust Act not affected by food conservation act, 31.15%qq. Stock, corporation not to hoid stock of Other companies, exceptions, 8835g. Suits, appeals to Supreme Court, 3.825. Additional parties, 8827. Attorneys’ fees, recovery, 8835d. Certification of division of opinion or disagreement to Chief Justice, 8824. Costs, recovery, 8835d. Damages, recovery, 8835d. Degrees, investigation by Federal Trade Commission regarding en- forcement of, 8836f(3c). Depositions, manner of taking, 8826. Diyision of opinion among judges, 8824. Injunction against violation of Clay- ton Act, 8835n. Judgments, prima facie evidence in Other proceedings, 8835e. Number of judges for hearing, 8824. By persons injured, amount of recov- ery, 8829. Attorney’s fee, 8829. Precedence, 8824. - Reference to Federal Trade Commis- Sion, 8836g. Subpoenas for witnesses to run into other districts, 8835l. Temporary restraining orders, 8823. Tºolſ damages may be recovered, Venue, 8835d, 8835k. Threatened loss or damage remedied by injunction, 8835o. Three-fold damages, recovery, 8835d. Time of taking effect of act October 15, 1914, c. 323, § 10, 8835ii. Trust companies, directors, officers, em- ployés not to hold office in more than one company, 8835h. Trusterestraint of trade by, prohibited, Territories or District of Columbia, misdemeanor, penalty, 8822. Unfair competition, 8836a–8836r. Use of Panama Canal prohibited, 8836. MONOTYPE OPERATORS Government printing office, pay for Sun- day, 7001 MONTANA Dams across Yellowstone river, for irriga- tion projects, 4750. Desert lands, sale, 4676. District attorney, 1358. District Court clerks, 1406a. District court terms, 1078. District judges, 1358. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Judicial district, 1078, 1358. Jurors, fees and mileage, 1453. Marshals, 1358, 1406a. National Bison Range, 52.74. National forests, creation and addition by etc., * act of congress, 4524, 5135 Pºiº lands, preference right of selection, 4877. Reclamation of arid lands by United States, 4700-4708. Registers and receivers, fees and commis- Sions, 4473. Survey of lands granted to, 4876. Surveyor-General for, 4435, 4440. Surveyor-General, salary, 4440. GENERAL INDEX [Page 2209] [References are to sections, except where otherwise indicated.] MONTANA (Cont'd) Timber cutting for certain purposes on public lands, 4992. Timber, limitations of use of, not to apply to certain territory, 4994. Timber on mineral lands, cutting for cer- tain purposes, 4989. Witnesses, fees and mileage, 1453. Yellowstone Park, 5.188 MONUMENTS See Head Stones ; onent. Deceased senators and representatives, 55. Land ºrks, base and meridian lines, TWashington Monºw- Coal lands in Alaska, 5071. Desert lands, springs, etc., protection of, 4684d-4684f. Homestead entries in national forests, 5162 In Oklahoma, 5046. Mining claims, 4620, 4622. Vein or lode claims, 4626. National cemeteries, penalty for defac- ing, etc., 9376. National military parks, destruction, etc., 5284. National monuments, etc., 5278-5281. Rules and regulations, national park Serv- ice, 787f. Soldiers, condemned and obsolete ord- nance for, 3102, 3103. e Springs, etc., on desert lands, protection, 4684d-4684f. Supervision, management and control, 87e. MORATORIUM Soldiers and sailors, 3078%a-3078%SS. MORMONS tº gº Polygamous marriages, criminal re- sponsibility, see Polygaºn y. IMOROCCO Consular courts of United States in, 7673. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7673. MORPHINE See Opiuſ77. MORRILL ACTS See Agricultural Colleges ; of Dwties on Imports. Agricultural Colleges, 4473(5), 4476, 8870, 8871–8876. Tariff, 879, 5604, 5606, 5636, 5725. MORRISON ACT See Sºvuff; Tobacco. Tariff, 6172, 6174. IMHORTALITY TABLES War risk insurance, 514uuu. Premium rates for, 514.V. . Mſ.CRTGAGES See Federal Farm, Lodºvs. Assets of War Finance Corporation, pro- hibited, 31.15%g. & Bounty land warrant before issue, Void, Collection 4848. hts. 9563 Copyrights, * > * #nºmy" or ally of enemy, 31.15%dd. Federal controlled transportation. Sys- tems for maturing obligations, 31.15%g. Government aided railroads, redemption, 00 Income tax, returns by mortgagors, 6336y. Withholding and payment at Source, 6336iſb, c1. Lessee of land for hotel , in Yosemite Park authorized to execute, priority of TJnited States, 5222a. Lessees in Yellowstone Park, 5204. Lien of internal revenue tax not to affect mortgagee, etc., unless notice is filed, 5908. Offenses, inducing conveyance by Indians of trust interests in lands, 10227. Pensions, to be void, 9077. Protection of mortgagor in military or naval service, 30.78%ff. Rights of way in Alaska, 5089. Title or claim to military bounty-land warrant before issue void, 4848. Union Pacific Railroad, 10055. Vessels, fees, 8137, 8138. Recording, 7778-7781. 8146r(4), Appendix p. 1790. In violation of shipping board act, 8146r(1), Appendix p. 1789. Wagon roads, etc., in Alaska, 5087. MOSQUITO CREEK South Carolina, nonnavigable, 9855a. COMP.S.T.’18—139 MOTHERS’ DAY Establishment and observance, 6939a, 6939b. MOTHERS’ DAY ACT See Mothers’ Day. Text of act, 6939a. 6939b. MOTOR AMBULANCE Pureº for army without advertising, a. 6832a, Appendix p. 1783. MOTOR BOAT REGULATIONS ACT See Motor Boats. Text of act, 8277-8281, 8283–8286. MCTOR BOATS Collision rules, see Collision. Classes of boats subject to act, 8278. ”; officers, mates, etc., not required, Defined, 8277. Department of agriculture, purchase and maintenance, etc., 814b. Enrollment in naval coast defense re- serve, 2900%e(2). Gasoline, means to extinguish burning gasoline to be carried, 8283. - Indians, residents of Metlakahtla, Alaska, entitled to operate and own, 8.188 Inspection, hulls and equipment, 8187. Machinery by local inspectors of steam vessels, 8277. & Internal revenue tax on, 630.9%d. Payment, vendees and lessees in cer- tain cases, 6348b. - International rules for preventing colli- sions, not affected by act, 8286. Libel and seizure for violation of regula-. tions, 8284. Licensed officers not required except as provided in act, 8281. License to carry passengers, and suspension, 8281. Life saving apparatus, 8281. Lights, 8279. Means of extinguishing burning gasoline to be carried, 8283. Mitigation of fines, tures, 8285. Numbering, 8095a-8095f. Penalties, remission or mitigation, 8285. Penalties, violation of regulations, 8284. Purchase, maintenance, etc., department of agriculture, 814b. Remission of fine for violation of regula- tions, 8285. - Rules for navigation, applicable to, 8282. Sound signals, 8280. Supervising Inspectors, to regulate rules of navigation, 8282. MOTOR. CYCLES Customs duties on, 52910120). Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. When held and intended for sale, 6309% c. MOTOR, VEHICLES Army, exchange, 1972aa. 1972a.a., Appendix p. 1755. Bureau of immigration and naturaliza- #. purchase, etc., 960a, Appendix p. revocation penalties or forfei- Bureau of Indian affairs, exchange of old for new, 689a. Carrying mails, 7431a, Appendix p. 1787. Delivery by Secretary of War to Post- Master General, 7430b, Appendix p. 1787. Department of agriculture, purchase and maintenance, etc., 814b. Exchange, 814bb. Exchange, 1972a. 1972aa, Appendix p. 1755. Immigration and Chinese exclusion serv- ice, purchase and payment, 960a. Navy, distribution by Secretary, 655b, Appendix p. 1744. Exchanging for new ones, 2809a. Purchase, maintenance and equipment, department of agriculture, 814b. Rural mail delivery routes, use on, 7294b, 7294d. Salaries of rural free-delivery service Carriers operating motor vehicles, 7300aa, Appendix p. 1786. Signal corps, 1867n. Steam passenger vessels may transport though containing gasoline, 8242. MOUNTAIN ARTILLERY See Field Artillery. MOUNT McKINLEY NATIONAL PARK Appropriations, 5249u. Boundaries, 5249r. Control of by Secretary of Interior, 5249t. Entries under land laws not affected by establishment, 5249pr. Establishment, 5249r. Game refuge in, 5249tt. Killing game in, 5249tt. Leases, 5249 u. Mineral land laws applicable to, 5249ss. Rights of way for irrigation, etc., 5249s. Rules and regulations, 5249t. Violation of act, punishment, 5249 uu. MOUNT RAINHER. NATIONAL PARK Cession of jurisdiction by state of Wash- ington, acceptance, 5227a. Control, 5224. Donations of patented lands, 5227). Establishment, 5223. Fish and game protection, 5224, 5227d, 5227e. Fugitives from justice, right to take, 5227a. etc., in, Grant of lands to Northern Pacific Rail- road in lieu of lands relinquished, 5225. Hunting prohibited, 5227&l. Judicial district for western district of Washington, part of, 52.27b. Leases for buildings, 5224. Lieu lands to settlers, 5225. Location of mining claims within park prohibited, 5227. Mineral land laws extended to, 5226. Offenses, hunting, possession of game as prima facie evidence, 52276. Illegal fishing, 5227d. Punishment in accordance with state law, 5227c. Violation of regulations of Secretary of Interior, 5227&l. Revenue, disposition, 5224. Rights of way, 5224. Through Pacific Forest Reserve, 5224. Roads and paths, 5224. Rules and regulations, 5224, 52273. State process may be served within, 5227a. - State tax on property in, 5227a. Timber, minerals, etc., protection, 5224. Trespassers, 5223, 5224. United States Commissioner, Iment, powers, appeal, 5227f. Fees, costs and expenses, disposition of, 5227i-5227k. Process, 5227h. * Process of arrest, baſ1, 5227g. Residence, 5227i. Salary, 5227i. MOURNING Fº buildings not to be draped in, MOVING PICTURES Censorship of imported films by secre- tary of treasury, 52916380). Copyrights, when not reproduced for sale, 9532. Customs duties on, 5291ſ280). Internal revenue tax on admissions to shows, 6309%a, 6309%C. Internal revenue tax on films, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. Transportation or importation of prize fight , films, prohibited, punishment, 10416-10418. MUIES Army, sale of excess number, 1972b. Customs duties on, 5291ſ186). Payment for, when lost in military serv- ice, 6396. Purchase for army transportation, 6849. Transfer to National Guard organizations, appoint- MUTATHFARIOUSNESS See Pleading. MUNHCIPAL CORPORATIONS See Hawaii : Town. Sites. Alien enemies, 31.15% a.a. Assessments for benefits, income tax on corporations, no deduction, 6336![a, b] Bonds, etc., exemption from internal revenue tax, 6318b. Powers of federal 97.97 (2b). Bureau of standards to render Services: to, 923. Census records furnished to, 920. reserve banks, GENERAL INDEX IPage 22101 [References are to sections, except where otherwise indicated.] MUNICIPAL CORPORATIONS (Cont'd) Cities and towns, entries for cemetery and park purposes, 4802. Establishment on public lands by set- tlers, 4786. Sites on public lands, entries on min- eral lands, 4799. Failure to file transcript map and testimony proceedings, 4788. Lots varying in size from general rule, 4789. Unsurveyed lands, adjusted, 4787. Free delivery of mail, 7272-7274. Free transportation or reduced rates for, $595. ', Grants to, of lands in abandoned military reservations, 5008. limits, how Hawaii National Park, lands owned by not affected by establishment of, 52497. mºvement of rivers and harbors, 9881- Jurisdiction 4289%q. Lassen Volcanic National Park, Over immigrant stations, lands owned by not affected by establishment. of park, 5249e. ºr Maease of Coal lands in Alaska, 5078c. Obligations exempt from income tax, Officers, enforcement of liquor laws in Alaska, 36430. Selective draft, 2044d. Opium, possession not presumptively un- lawful, 6287n. Purchase by officers without Written order, 6287h. Purchase without registration or pay- ment of tax, 6287g. “Person” includes, 31.15%bb. Philippine bonds exempt, 3907. Taxation by, certificates of indebted- º for reclamation fund exempt, Pilot regulations by, for steam vessels restricted, 8206. Pºlines, regulation of construction of, Publication by enemy aliens, 7615. Purchase for irrigation works by Indian Service, advertisement, 4040. Quarantine regulations, co-operation of Public Health Service in enforcing, 9158. Regulation of construction of pipe Iines in Indian lands, 4192. Regulation of construction of telegraph # telephone lines in Indian country, Regulation of traffic in explosives by, permitted, 8018. Rocky Mountain National Park, lands owned by, not affected by establish- ment of, 5249c. Taxes, deduction from income taxes, 6336eſa], 6336fſal, 6336/[a, b]. Discharge in bankruptcy, 9601. Exemptions, bonds of war Finance Corporation, 31.15%i. Certificates of indebtedness, 6831. Payable in foreign money, 68297ll, Appendix p. 1782. United States bonds, 6829d, 6829e. Payable in foreign money, 6829lll, Appendix p. 1782. Property of War Finance Corpora- tion, 31.15%i. Territorial, bonds for sewers, works, and streets, 3484. Building bonds, 3485. Restrictions on indebtedness, 3483–3485. Subscription for corporate stock pro- hibited, 3481. Tºttes under irrigation projects, 4715- Voluntary bankruptcy, prohibited, 9588. Water power lease under irrigation proj- ects, 4719 Wºr rights under irrigation projects. MUNITIONS OF WAR Acquisition of sites for plants, 69.11a. Embargo on exports, 7677-7678k. Enemy aliens not to approach within One-half mile of places for manufac- ture of, 7615. Seizure of intended for export, 7678d. 7678k, 10514a–105.14d. MUNITIONS TAX Agents, additional agents, lection of, 5859c. 5859c, Appendix p. 1778. Liability for tax, 63.36%h. Water etc., for col- MUNITIONS TAX (Cont'd) Application, of other laws, 6336%l. Articles delivered before 1916 excepted, 6336%b. Articles subject to, 6336%b. Assessment, 6336%f-6336%h. Burden of proof at hearing before com- missioner, 63.36%g. Communication of information forbidden, 6336%j. +. Cornputation of net profits, 6336%C, 6336%d. Deductions in computing net profits, 6336%.C. * Definition of terms, 6336%a. Duration of tax, 6336%b. Effective date of act, 6371b. Examination of books, accounts, 6336%i. Exception of articles delivered before 1916, 63.36%b. Hearing on commissioner’s assessment, etc., 6336%g. - Information not to be communicated, 6336%j. Investigation regarding amount due, 6336%g. Market price, sales under, effect, 6336%d. Net profits, computation, 6336% c, 63.36%d. Notice of assessment, 6336%f. Other laws made applicable, 6336%l. Partial invalidity, effect, 6371a. Payment, 6336%f. Penalties for violation of act, 6336%k. Period act is in force, 63.36%b. Persons liable, 63.36%b, 6336%h. Rate, 6336%b, 6336%bb. Regulations, power to make, 63.36%m. | Returns to collector of internal revenue, form and contents, 6336%.e. Transmittal to commissioner, 6336%f. Sales under market price, effect, 6336%d. MIUR.IDIER, See Evidence ; Indictment ; Instruc- tions ; Jurisdiction ; Manslaughter. Attempts at murder or manslaughter, 10450. Commission of, under foreign commis- sion, piracy, 10477. Degrees, 10446. Extradition for, of fugitives from foreign country, 10110. Wanted for murder committed on high seas, 10110. Indian reservations in South Dakota, 10503. Jurisdiction, 1009. Indians committing, 10502. Jurisdiction of ministers of United States in certain foreign countries, 7640. Military service, persons in, committing, 2308a, art. 92. Navy, persons in, committing, 2967. Panama Canal Zone, 10051j. Place of, determination, 10510. Punishment for murder and manslaugh- ter, 10448. Qualified verdict, 10504. Trespass on railroad train with intent to murder, or rob, 10495. Trial by ministers and consuls of United #es in certain foreign countries, 7647, 7648. MIUS CAT Consular courts of United States in, 7673. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7673. MUSEUMS See Natio??&7 Mºse?!???.S. Excavations in Mesa, Verde National Park for benefit of, 5240. - Permits for excavation of archaeological sites, etc., 5280. Special excise tax, amount, 5980f. Nonpayment a misdemeanor, fine, 5980j. Records, statements and returns, 5980k. State, war and navy building not to be used for, 3328a. MUSHCAI, COMPOSITIONS See Copyrights. M[US][CHANS See Trºmpeters. Army, entitled to bounty land, when, 838. Pay, 2144, 2144a, 2145, 2147. 2144a, Appendix p. 1759. Coast artillery company, 1732. Engineer corps, 1842, 1842a. | MUSICIANS (Cont'd) Engineer detachment at military academy, 2274. Field artillery, headquarters company, 1736a, Infantry, 1738, 1738a. Marine Corps, 2928. Band, 2909. Individual musicians not to come in competition with civilian mu- sicians, 2909. Pay, 2909, 2933, 2934. Military academy band, 2270, 2271. 2270, Appendix p. 1759. Naval academy band, 2758, 2759. Navy bands not to compete with civilians, Recruit and prison companies, 2011. MUSIKINGUM RIVER, t Ohio, water power leases, etc., 9986. MIUSTIERIN & Naval militia, into States, 3078a,(34). Persons not soldiers, 2308, art. 56. Taking money on mustering, 2308a, art. 56. MIUSTTER. R.O.LLS Volunteer forces while in the service of the United States, 342. MUSTERS Army, 2308a, art. 56. Rolls, 2308a, art. 56. Crews on steam-vessels for life preserva- tion, 8258. MUTIILATED NOTES National bank notes, destruction, 9751. Redemption, 9751. Replacing, 9723. United States, destruction, 6559. Replacing by new, 6558. MUTIILATION Accounts, records, etc., of common car- rier, penalty, 8592. Gºstones, etc., in national cemeteries, 9676. service of United penalty, Monuments, etc., in national military parks, 5284. Permits to depart from or enter Dnited States, 7628e. MUTHNY Army, exclusion from Soldiers’ Home for, 9226 into Punishment, 2308a, arts. 66, 67. Crew on shipboard, 10466. Inciting to mutiny, 10465. Inciting, 10212c. - Navy, punishment, 2965(1). Mutinous words, 2969(8). MUTUAL CASUALTY COMPANIES - Income tax, deductions, 6336![a, b]. MUTUAL EMPLOYERS’ DIABILITY GAOMPANIES Income tax, deductions, 6336![a, b]. MIUT OAHL HNSURANCE COMPANIES Income tax, exemptions, 6336/k[a]. MUTUAL FIRRIGATION COMPANIES Income tax, exemptions, 6336k[a]. MUTUAL SAVINGS BANKS Interlocking directorates, exceptions, 8835h. MUTUAL TELEPHONE COMPANIES Income tax, exemptions, 6336k[a]. MIUT UAL WORKMEN'S COMPENSA- THON INSURANCE COMPANIES Income tax, deductions, 6336l [a, b]. NAMIES See Assºwarved Naºmºes ; a.º.d, Trade-Naſirves. Alien may change, 4354. INSURANCE Trade-Mark's on naturalization, Change of name of enemy or ally of ene- my, 31.15%bb (b). Fictitious names, shipment of intoxicat- ing liquors in Alaska, 3643e. Used to defraud, 10386. National banking associations, 9662-9664. National banks, state bank converted into, 96.94. Naval vessels, 2769-2773. Portraits on United States bonds, notes, etc., to have names inscribed thereun- der, 6550. Sale of meats under false names, 8681(5). Under trade-names, 8681(5). Vessels, change of name of registered vessels, 7762–7764. Licensed yachts, 7804. Marked On bow and stern of docu- mented vessels, penalty for failure, 8. GENERAL INDEX § t NAMES (Cont'd) Vessels (Cont'd) Name and port of licensed domestic vessels painted on stern, 8083. Steam vessels, exhibit on pilot house, etc., 8271. - NATPEHTIHA - Boats propelled by, see Motor Boats. Packing for shipment on steam vessels, penalties, 8245–8246. Steam passenger vessels not to carry, 8242. NARCOTICS - Schools in territories, etc., to teach effect of, 9379-9381. NATIONAL ASYLUMS AND Hospi- TAL See Health . . Hospitals ; Soldiers’ Ełotne. Columbia institution for deaf and dwºmb, see Deaf and Dwºmb. Governºment hospital for insane, Insane Persons. NATH4ONAL BANKS See Banks and Bankers ; Depositaries of Public Moneys ; Deposits ; Fed- eral Hºeserve B dºvkºs. Counterfeiting bank notes, see Coun- terfeiting. Abstracting funds, 9772. Actions, 9661. District attorneys to conduct When United States interested, 556. See Enjoining comptroller of currency, venue, 1031. Jurisdiction, 991(16), 9668. Advances tú member banks on notes, 9796(6). Aş or abetting in offenses, penalty, Articles of association, 9658. Amendment to extend period of cor- porate succession, 9665–9669. Clºse affecting creditors prohibited, Associations, formation, 9658. - Subject to laws relating to, 96.97. Bad debts, 9766. . Banking accounts for foreign correspond- ents and agencies, 9797(2) e. Buying and selling exchange, etc., 9661. By-laws, 9661. Capital stock, amount, 9675. Enforcing payment of deficiency, 9767. Impairment, 9767. Increase, 9679. Payment, 9677. Failure to pay installments, 9678. Reduction, 9681. - Shares of stock and transfers, 9676. Tax on, 9779-9784. Transfer, 9676. - Withdrawal of prohibited, 9766. Certificate of organization, 9659. Acknowledgment, 9660. º when and of what evidence, rºsion of corporate succession, State bank converted into national bank, 9694. - cºs, penalty for falsely certifying, 770. oreº, notes, advances to member, 79 e - - Aggregate amount not limited, 9720. Bonds issued to postal Savings depos- itor not receivable as Security for, 7589. Circuiating bills of expired banks, 10344. Consolidation of Stock accounts of distinctive paper for, 6553b. - Counterfeiting, 103.19. . Debts payable in, 6379, 6381, 97.21. Debts of United States, 6381. Taxes, dues, etc., 97.21. Delivery of, 9713. * Denominations and form, 9713, 97.13a, 9714, 9719, 97192. - Charter numbers to be printed, 9715. Limit to issue of small notes, 9719. Deposit of bonds, 9698, 9708. Bonds and certificates not receiv- able as security for, 6829d, 6829e, 6829ee, 6829h, 6829/l. - Collection of interest, 9.706. Custody, 9706. Delivery of notes, 9713. Fºnation of registry and bonds, IPage 2211] [References are to sections, except where otherwise i NATIONAL BANKS (Cont'd) Circulating notes (Cont'd) Deposit of bonds (Cont'd) Exchange of coupon for registered, Increase or reduction to correspond with capital, 9699. - Repeal of acts requiring, 9698a. Transfers of bonds, 9701-9703. Manner of making, 9701. se Withdrawal of notes upon deposit of lawful money and withdrawal of bonds, 97.07, 9709. Destroying and replacing and mutilated notes, 9723. 4. Disposition of receipts for engravings by Bureau of Engraving and Print- ing, 514. Ealse issuance, 9772. e Federal reserve bank member, retire: ment of notes and disposition of bonds securing same, 9800. . . Gold notes, issue by associations Or- - ganized for purpose, 9724. Removal of limitation on circula- tion, 9725. Imitating notes thereon, 10345. Included in phrase “obligations or other security of the United States,” 10317 worn-out with advertisement Issue, 9661, 9697. • Limit of amount of small notes, 97.19. - - Other notes prohibited, 9722. To unauthorized associations, pen- alty, 9728. Maceration, 6560. Mutilating, perforating, etc., 10346. Paying out notes not at par, 9768. Plates and dies, control by Comp- troller, 97.17. Examination of, 97.18. Printing, 9714. Paper, 97.16. Provisions in Panama Canal bonds against use as security for, 6829. Putting in circulation without au- thority, penalty, 9772. Receivable by all banks, 9757. Receiving notes of other associations, 9726. - Redemption, 9751–9756, 9802. Designation of place for, 9756. Disposal of redeemed notes, 9819, 9820. Disposition of deposits for, 9754. On dissolution, 9809, 9811, 9815. Protesting notes for failure to redeem, 98.13. - Lost or stolen notes, 9755. Notes issued prior to extension of period of succession, 9670. Proceedings on failure to redeem, 9814–9820. At Treasury, 9816. Protest on failure, 98.13. Reserve in Treasury for, 9751. Reduction of amount or retirement in full, 9708. Restrictions on use, 9765. Signatures, 97.21. Taxes on, 6569, 9779-9784. List of stockholders, subject to in- spection by officers, 9773. Notes based on deposits of Panama. Canal bonds, 6827. By state, 6569, 6570. Tsing mails to promote frauds, 10385. Withdrawal, 9707-9709. Citizenship, 991(16). Comptroller of currency, certificate of authority to commence business, 9711 Publication, 97.12. . Determination if associations commence business, 9710. Not to be interested in, 501. Regulations, national banks acting as insurance agencies, 9764. - Reports to of Red Cross contribu- tions, 9661a. Contracts, 9661. # Conversion of national gold banks into currency banks, 97.27. Corporate powers of associations, 9661. Corporate succession, extension of period of, 9665, 9668. Extension of period of, examination - and issue of Certificate of ap- proval by comptroller, 9667. Jurisdiction of suits by or against, Carl 9668. Procedure, 9666. r ndicated.] NATIONAL BANKS (Cont'd) Corporate succession (Cont'd) Extension of period of (Cont'd) Withdrawal of dissenting share- holders, 9669. Defined, 31.15%aa, 9785. Deposit of bonds, collection of interest, etc., 9706. . * Examination of bonds, 9704, 9705. Exchange of coupon for registered bonds, 9700. Increase or reduction to correspond With capital, 9699. Registered bonds, repeal of acts re- quiring, 9698a. - Transfers of bonds, 9701-9703. Examination of registry, 9704. Notice of transfer, 97.03. - Registry of transfers, 97.02. “United States bond” defined, 9698. Withdrawal of bonds on Withdrawal of circulating notes, 9707. Deputy comptroller of currency not to be interested in, 501. - Directorates, foreign agencies, interlock- ing, 9745. - Directors, by-laws, 9661. Cashier, appointment by, Election, 9661, 9683. Fºre to elect on proper day, 96.87. Embezzlement, penalty, 9772. • , Non-compliance with Federal Reserve Act, liability, 9786(6). . Notice of intent to dissolve, 9808. Number, 9683. * Oath, 9685. - To statement of facts in relation to organization, 9710. Officers, appointment by, 9661. President, election, 9661, 9688. Qualifications, 9684. - Federal Reserve Board not to be, 9793(4). Reports to be signed by, 9774. Shareholders’ right to vote, 9682. Terms of office, 9683. Vacancies in board filled by appoint ment, 9686. - - Vice president, appointment by, 9601, Violations of law, penalty, 9831. Discounting and negotiating notes, 9661. - Dissolution, 9806. '. Agent to wind up affairs, 9827. Distribution of assets, 9827. - Deposits for redemption of circula tion, 9809, 9810. - Enforcement of shareholders’ individ- ual liability by creditors, 9807. Not extending period of succession, 9671. - - Noncompliance with Federal Reserve Act, 9786(6, 7). - Notice of intent, 9808. Protesting notes on failure to redeem, 98.13. prescribing, 9661. etc. , Receiver, 9826. - Redemption of notes, 9809, 9811. Continuing business after default prohibited, 9815. Destruction of redeemed notes, 98.12. Disposition of redeemed notes, 9819, 9820. - - . Notice to holders, sale of bonds, etc., 9816–9818. Proceedings on failure to redeem, 9814-9820. Reassignment of bonds, etc., 9811. Tºrers after act of insolvency void, 34. - Dividends, 9746, 9760, 9766, 9777, 9823. Embezzlement, penalty, 9772. . Examinations, 9832. Failure to redeem notes, Examiners, 9832. Pºsures by examiners forbidden, Loans to forbidden, 9833. Performance of other services for compensation prohibited, 9833. - Extension of period of corporate succes- sion, 9665–9673. |False entries, etc., 9772. False issuance of notes, 9772. Federal reserve notes, receivable by, 9799 (1). - Foreign branches, 9745. 9814. etc., Common directorates, officers, 97.45. - Gold banks, conversion into currency banks, 97.27. GENERAL INDEX NATIONAL BANKS (Cont'd) Injunction, against Comptroller, diction, 99.1(16). Interest, 9758, 9759. Penalty for taking usury, 9759. Limit on indebtedness of association, 9764. List of shareholders to be kept, 9773. . . Loan on or purchase of own stock forbid- den, 9762. Loans, 9661. Farm land as security, 9763. Limitation, 9761, 9762. United States notes not to be held as collateral, 9769. Member banks, advances to on notes, 9796(6). - Misapplication of filnds, 9772. Name and location, 9662. Effect of , change of name on debts, etc., 9663, 9664. - “National Bank Act,” act known as, 9657. “National” not to be used by othe banks, 9835. g Offenses, 9772. Officers, election, 9661. Foreign agencies, in common. With, 97.45. - § Marking counterfeit notes, 6568. juris- Penalty for falsely certifying checks, . 9770, 9771. . Paying out notes of other banks which are not at par, 9768. - Period of corporate existence, 9661, 9665– 9667. - Place of business, 9744. - Political contributions prohibited, 10251. Proxies, 9682. Real property, holding, 9674. ... Receivers, appointment, acquisition by bank of own stock, 9762. Appointment, failure to make capital equal to minimum, 9678. Failure to make good reserve, 9746. Failure to pay circulating notes, duties, etc., 9821-9830. Failure to pay deficiency tal stock, 9767. Failure to redeem circulating notes, 9756, 9821. Insolvency, etc., 9826. Continuance of receivership or ap- pointment of agent to wind up af- fairs, 9827. - Discharge on election of agent to wind up affairs, 9827. - Distribution of assets, 9827. Dividends to creditors, 98.23. Fees and expenses, 9825. - Injunction on receivership, 9824. List of for official register, 7127. Notice to present claims, 9822. Purchase by receiver of property of bank, 9828–9830. Red Cross contributions, 9661a. Use of, 9661b. - Reports, 9774-97.77. Penalty for failure to make, 97.77. Red Cross contributions, 9661a. Reservation of rights under former act, 9696. - - Reserve, 97.26, 9802. Amount, 9746. - Determined by deposits, 9748. Gold and silver certificates as part of reserve. 6566. - Provisions not applicable to deposit of proceeds of sales of bonds, etc., 68.29m. - For redemption of circulation, 9751. Reserve cities, 9749, 9750. Reserve fund, 9802. Treasury notes, 6475. What may be counted, 97.47. Seal, 9661. - • Shareholders, assessment to make good impaired capital, 9767. Continuance of receivership of ap- pointment of agent to wind up busi- ness, 9827. Directors must own stock, 9684. Directors to be elected by, 9683. Discharge from liability on bank notes, 9811. Enforcements of individual liability on voluntary dissolution, 9807 Executor, etc., holding stock not per- sonally liable, 96.90. - . - Failure to pay installments on capital stock, 9678. F; day for election of directors, Increase of capital stock, 9680, 9681. Individual liability, effect of transfer of shares, 9689. in capi- Text of act, 6566, 9665–9672, 9708, EPage 2212] NATIONAL BANES (Cont'd) Shareholders (Cont'd) Liabilities of transferee, 9676. List of to be kept, 9773. Mºnes on appointment of receiver, 7 - º Organization certificate to state names, etc., 9659. Payment on stock, 9677, 9678. Proxies, 9827. Rights of transferee, 96.76. Sºus after paying debts paid to, 823. - Two-thirds bank, 9806. Voting by, 9682. Withdrawal, of shareholders not con- senting to extension of period of corporate succession, 9669. Shares of stock and transfers, 96.76. State banks may become, 9694, 96.95. Subscription to Red Cross, 9661a, 9661b. Taxation, act relating to taxation of cir- culating notes, etc., not to effect, 6570. Circulation, deposits and capital Stock, 9779-9784. Assessment, 9780, 9781. Notes based on deposit of Panama. Canal bonds, 6827. - Penalty for failure to make return, 9780, 9781. - - Penalty for failure to pay, 9782. Refunding excess, 9783. Internal revenue tax on circulating notes other than national bank notes, 6289-6299. State taxes, 9784. Trustees, permit from Federal Reserve Board to act as, 97.94(k). TJnited States notes not to be held as col- lateral, 9769. NATIONAL BANKS EXTENSION ACT See National Baſwks. . . . may vote to liquidate - 9709, 9771. NATIONAL BISON RANGE * - Appropriation, 52.74. Area, 5274. Care and maintenance of Bison, 52.74. Establishment, 5274. , Inclosure, 5274. - NATIONAL BUREAU OF STANDARDS See Weights and Measures. NATIONAL CEMETERIES See Cemeteries. . Appraisers of real estate taken for, See Approvisers. General provisions, 9362-9378. NATIONAL CURRENCY ASSOCIATIONS See National Banks. NATIONAL DEBT See Public Debt. NATIONAL DEFENSE See Conservation of Food dºd Neces- saries ; Embargo Ea:plosives ; Trad- ing With Enemy. Advisory committee for aeronautics, ap- pointment of members, 3115i. Appropriation for expenses, reports of expenditures, 31.15.j. . Compensation not to be paid, 31151. Duties, scientific studies of the prob- lems of flight, 3115i. Establishment, 3115i. Laboratory work, 3115i. - Office space, 3115ii, Appendix p. 1771. Regulations for government of, 3115i. Air craft patents, purchase, etc., of, 3115*/s2f. - Aircraft production corporations, 3115*/32g- 3115/32k, Appendix p. 1771. - Appropriation for, expenditure, 31156e. Board on mobilization of industries es– sential for military preparedness, 3.115f. Clerical assistance, 3115f. Committee on public information, appro- priation, 31.15% b, Appendix p. 1773. Conservation, distribution, etc., of food, fuel and other necessaries, 31.15%a- 31.15%rr. º * - Council of, adoption of rules and regula- tions for conduct of work, approval by president, 3115d. Advisory commission, compensation of members, 3115b. Meetings, 3115b. Nomination to president, appoint- ments by, 3115b. Qualification of members, 3115b. [References are to sections, except where otherwise indicated.] - * NATIONAL DEFENSE (Cont'd) Council of (Cont'd) Advisory commission (Cont'd) Rules and regulations by council, 3.115(1. Duties, 3115c. Establishment, 31.15a. Experts, employment of, 31156. License to manufacture, sell, etc., explosives, 31.15%f. Powers and duties not enlarged, 3115ee. - Reports by to President and Congress, 31156. Reports to, advisory commission, 3115e. Subordinate post, 31156. - Subordinate post, creation for special investigations, 31150. Docks, etc., of certain corporations, ac- quisition of, 3115 jj. - Flspionage, 102.12a-102.12i. - Explosives, regulation of manufacture, etc., when United States at War, 31.15%a–31.15%kk. 31.15%aaa, 31.15%fff, Appendix p. 1772. Federal controlled telephone, telegraph, marine cable or radio systems, 31.15%. X, Appendix p. 1772. Federal controlled transportation Sys- tem, 31.15%a-31.15%p. - Generation of electric energy, condem- nation of property for, 3115*/12a- 3115*/12d, Appendix p. 1773. Housing for war industry employés, 31.15%hh, Appendix p. 1772. Keeping secret inventions and withhold- ing grant of patents, 9429a. . - Manufacturing plants, taking over in time of war, lists of private line plants to be made, plans for transferring, 31.15g, 31.15h. National war labor board, proclamations, p. 431 . Navigable waters, regulations to prevent injuries from coast artillery fire, 9862a. . - . 9862a-9862d, Appendix p. 1798. . Priority of transportation of commodi- ties essential to, 8563(10). Purchase of products by President, 31.15g. Seizure of vessels owned, etc., by alien enemies, 8146rr, 8146s. Ships, purchase of in time of war, or national emergency, 3115/16a- 3115*/16d. ſº 3115/16a–3115/16c, 3115/16e, Appendix p. 1771. - Suspension of eight hour law. 8922a. | War emergency services, 31.15% a, Appen- dix p. 1772. War material, purchase, etc., of in time of war or national emergency, 31151/16a–3115*/16d, - 3115/16a–3115/16c, 3115/16e, Appendix p. 1771. •. - NATIONAL DEFENSE ACT (See Militio. . NATIONAL FARMI LOAN ASSOCHA- TIONS - See Federal Farm, Lodºvs. . Income tax, exemptions, 6336k[a]. NATIONAL FOREST RESERVATION COMMISSION - - Appropriation for expenses, 5187. Authority as to purchase of land, 5177. Creation and composition, 5177. , Purchase of lands, approval by Commis- sion, 5180. Consent of State, 5180. Examination by geological survey, 5179. Reports of, annual, 5178. Rººts to, by Secretary of Agriculture, 79. Service of members, 5177. Vacancies, 5177. NATIONAL FORESTS See Wichita, National Forest. Additional expenditures from receipts for roads and trails, 5150. - Agricultural lands, additional homestead right of entry to former settlers, price, 5165. Black Hills forest, 5166. - Cºutation provisions not to apply, , Construction of act, 5170. Credit for actual residence, 5162. Future settlements, 5170. Homestead, 5162, 5163. Land not to pass from forest until patent issues, 5164. GENERAL INDEX [Page 2213] [References are to sections, except where otherwise indicated.] NATIONAL FORESTS (Cont'd) Agricultural lands (Cont'd) Open to homestead entry, 5162. Plats and field notes, 5162. Preference rights of former settlers and applicants, 5162. Rights of former bona fide settlers not impaired, 5170. Surveys, 5162. Alaskan railway, taking earth, stone and timber for use of, 5138a. Allotment of lands in to Indians not en- titled to allotments on Indian reserva- tions, etc., 4200. Appropriations, construction of roads and trails, limitation on aggregate expendi- tures, 5150a. Arrests for violations of laws and regula- tions, 5153. Black Hills forest, 5166. Boundaries, change of, 5134. Establishment, 5.136. Calaveras Big Tree National Forest, 5139. Consent to agreements by States for Con- servation of forests and water Supply, 5174. Contributions toward co-operative work in forest investigations, disposal, 5145. Creation and additions in certain states, except by acts of congress prohibited, 4524, 5135. - Egress or ingress of actual settlers, 5129. Establishment, 5121. Modification and vacation of executive orders, 5134. Provisions not repealed by provisions relating to timber and stone lands, 634 Revocation of orders or proclamation, $123. homestead entries, Estimates of expenditures, 5143. Export of timber and other products, 5138. Forest reserves in California, 5209-5216. Yosemite National Park, 5212 Forest reserves to be known as, 5122. Grand Canyon forest, 5159-5161. Highways, construction, 5150a. Co-operative agreements between Unit- ed States and states, etc., for Con- struction, 5150a. Homestead entries, development of min- eral resources, 5187a. Preference rights of contestants prior to withdrawal of land, 5172. Reinstatement of entries cancelled Or relinquished, 5171. Segregation of lands, 5173. Hunting, trapping, etc., penalty, 5160. Jurisdiction, civil and criminal, 5131. Lands acquired for protection of Water sheds, 5184. Division into and designation as spe- - cific national forests, 5184. Leases in, for sanitariums or hotels, etc., 5140, 5141a. Leaves of absence to employees of forest Service in Alaska, 51.55. Local game laws, 5161. Maps, 5124. - Mineral lands, location and entry, 5133. Restoration of public domain, 5133. Mineral resources, development, etc., 5187a. Monuments contiguous to, supervision, management and control, 787e. National Forest Reserves Commission, 5177–5187. Navy, taking earth, stone and timber for use of, 5138a. Officials of forest service to aid in en- forcement of local laws, etc., 5154. Opening of lands excluded from, 4528. Pacific Forest Reserve, 5224-5227. Payment of part of money received from, to State or Territory for schools and roads, 5149, 51.86. Permits for hunting, etc., on forest lands, disposition of moneys received for, 5187aa. Permits to use earth, stone, timber, etc., #, construction of irrigation Works, 4741. Plats and field notes, 5124. Prospecting, 5129. Protection, rules and regulations, 5126. Protection of forested water sheds of nav- igable streams, 5174-5187. Acquisition of lands, 51.76-5182. Not defeated by right of way, easements, etc., 5182. Agricultural lands, homestead, 5183. of, NATIONAL FORESTS (Cont'd) Protection of forested water sheds of navigable streams (Cont'd) Appropriations, 5175, 5176, 5187. Consent to agreements by states for conservation of forest and Water supply, 5174. Designation of areas for game and fish protection, 5187b. National forest reservation commis- sion, 5177-5180, 5187. State jurisdiction of lands acquired, 5.185. Survey and acquisition of lands on head waters of navigable streams, 6176. Title to lands acquired, 5181. Purchase of nursery stock, seed and cones without advertisement, 5834a. Purposes for which established and ad- ministered, 5125. Reduction of area, 5134. Refunds to depositors to secure, purchase or sale of products, etc., 5146. , Reimbursement to owners of horses, Ve- hicles, etc., damaged or destroyed while fire fighting, trail building, etc., 5148. Rights of way, canals, ditches, etc., 4943, 4947. Electrical poles and lines, 4948. Electric power companies, 4944. Tramroads or reservoirs, 4943. Wºn roads, railroads or highways, 945 Roads and trails, co-operation with state authorities, 5150. Sale of products, etc., refund of moneys, lands within but not part of nation- al forests, 5147. Refund to depositors, 5146. Special fund, disposition, 5142, 5143. Sale of timber, 5127. In California, to conform to laws gov- erning sales in other states, 5144. Secretary of Agriculture to execute laws affecting, 823. Sites for schools and churches, 5130. Special funds, contributions toward co-op- erative work in forest investigations, 5145. From leases, expenditure, 5141. From sale of products or use of land, continued, 5143. Expenditure, 5142. Stone, use by settlers, 5128. Supervisors and rangers, selection, 5152. Surveys, 5124, 5173. By employees of forest service, 5173. Timber, export, 5138. |Free use for telephone lines, for fire protection, 5151. Sale of, 5137. Deposit to defray cost of disposing of débris, 5137a. Taking for use of navy and Alaska.n railway, 5138a. . Use by settlers, 5128. Trails, construction, 5150a. Co-operative agreements between Unit- ed States and states, etc., for con- struction of, 51.50a. TJse and occupation of lands for Summer homes, hotels, stores, etc., 5141a. Waters, use of, 5132. Wichita National Forest, 5156–5158. NATIONAL GUARD - See Militia ; National Military Parks. NATIONAL, HOME FOR YOHSABILEHD WOHL'UNTEER, SOLDIERS See Soldiers’ Hoºve. NATIONAN, IRRIGATION ACT Text of act, 4700-4708. NATIONAL ][. OAN ACTS See Debts to or by United States. Civil War, 6379, 6576. NATIONAL MILITARY PARKS General provisions, 5282-5290. Acceptance of donations of land, 5289. Arrests and prosecutions of offenders, 5285. t Camps for military instruction, 5283. Commission in charge of, secretary of war as ex officio member, 5290, Vacancies, 5290. Destruction, etc., 5284. Fields for military maneuvers, 5282. Hunting on, 5285. Refusal to surrender land within, 5287. Superintendent, offenses, arrests by, 5287. of monuments, etc., Trespassing on, 5285, 5287. NATIONAL MILITIA BOARD Abolished, 3074b. NATIONAL MONIETARY COMMISSION See Mo?vetary Com/mission. NATIONAL MONUMENT ACT See National Monuments. Preservation of antiquities, 5278-5281. NATIONAL MONUMENTS General provisions, 5278-5281. Proclamations of President, 5279. NATIONAL MUSEUMS Collections of Coast Survey, Geological Survey, etc., deposited in, 10576. Director, report to Congress, 10572. Distribution, reports of Smithsonian In- stitution, 7081. Specimens to colleges, etc., 10578. Documents allotted to, Congressional Rec- ord, 7090. Facilities for research accessible to stu- dents, etc., 9382, 9383. NATIONAL NAVAL VOLUNTEERS See Militia. NATIONAL PARKS • * See Albraham Lincoln National Park or Reservation ; Crater Lake Nation- al Park: ; General Grant National Park: ; Glacier National Park; Las- Sen Volcanic National Park: ; Mesa. Werde National Park ; Monint Mc- Rinley National Park ; Mount Ran- ier National Park: ; National Park Service ; Potomac Park; Public Buildings and Grounds ; Reserva- tions ; Rocky Mow’ntain, Național Park: ; Sequoia National Park: ; Wind Cave National Park: ; Yellowstone National Park: ; Yosemite National Poºrk. General provisions, 5188—5281. Abraham Lincoln National Park or reser- vation, 5249n-5249q. Arrests for violations of laws and regula- tions, 5153. Breaking fences, driving cattle, etc., on lands, 10223. Buildings, limit of cost of, 5250. 5250aa, Appendix p. 1778. Control, 787e. Crater Lake Park, 5228-5230, 5230a, 5230k. Estimates for, 52.50a, 6718. Glacier Park, 5247–5250. Hawaii National Park, 52497–5249m. Lassen Volcanic National Park, 5249e. Mackinaw Island, proceeds of sale of cer- tain military reservation lands, set apart for, 5005. Management, 787e. Mesa, Verde Park, 5237-5242. Mount McKinley National Park, 5249r- 5249 uu. Mount Rainier Park, 5223-5227k. Platt Park, 5243–5246. Public parks in California, 5207, 5208. Revenues of, covering into National Treasury, 5250a. Rights of way through, 787g, 4946–4948. Rocky Mountain National Park, 5249a– Rules and regulations, 787f. Sequoia Park, 5207, 5208, 5208a. Sullys Hill National Park, preserve, 5277a. Supervision, 787e. Timber, sale and disposition of, 787f. Wind Cave Park, 5231-5236. Yellowstone Park, 5188-5206. Yosemite Park, 5209-5222a. NATIONAL PARK SERVICE See National Parks. Appointments, 787d. V. Assistant director, appointment and sal- ary, 787d. Chief clerk, appointment and salary, 787d. Creation, organization, officers, salaries, etc., 787d. Director, appointment and salary, 787d. Draftsman, appointment and salary, 787d. Employés, salaries, 787d. Grazing of live stock, 787f. Leases, 787f. - & Limitation on expenditures for Salaries, 787d, Monuments, supervision and management, 787e. Offenses, violation of rules and regula- tions, 787f Permits, 787f. Privileges, 787f. Purpose, 787d, Reservations, supervision and manage- ment, 787e. GENERAL INDEX [Page 22141 [References are to sections, except where otherwise indicated.] NATIONAL PARK SERVICE (Cont'd) Riº of way through public lands, 787g, 46. - Rules and regulations, 787f. Salaries, 787d. - Secretary of Agriculture, co-operation in supervision and management of parks, reservations and monuments, 787e. Supervision and management of national parks, 787e. • Timber, sale and disposition, 787f. NATIONAL READ CROSS See Red Cross Association. NATIONAL RIFALE ASSOCHATION Sale of war Supplies to, 6941aa, Appendix p. 1784. . NATIONAL SOLID HERS’ REIOME See Soldiers’ Hoºve. NATIONAL SOHLDIERS’ See Soldiers’ Hoºve. Text of act, 9238, 9239, 9241, 9242, 9245, 9251, 9256, 9260, 9269, 9270, 9279, 9282. NATIONAL TRAHDIE UNION See T'rade Unions. Constitutions, rules, and by-laws, 8910. Defined, 8908. Headquarters, 8912. Incorporation. 8909. Officers, duties, 8911. Powers, 8909. - NATIONAL TRAINING SCHOOL FOR BOYS º By-laws, rules and regulations, 9411. Consulting trustees, 94.12. - ; Contracts and purchases, 9410. Disposition of proceeds of farm and shops, 9401. - Employés, appointment, 9395. Employment, inspection and of boys, 9406 Incorporation, 9394. y Name changed from Reform District of "Columbia, 9391. Number of boys committed limited, 9404. Parole of inmates, 9407, 9408. Penalty for enticing boy from school, 9405. Period of detention, 9403. IProperty, 9399. Register of boys, 9399. Reports, annual, 9410. Officers to commissioner of District of Columbia, 9400, Superintendent, appointment, 9395. Bond, 9397. Powers and duties, 9398. Support of inmates, from District of Co- lumbia, 9409, 9409a. Per capita cost, 940.9b. Teachers, appointment, 9395. Treasurer, bonds, duties, 9396. Trustees, 9392 9393. Consulting 3412. Officers and employés appointed by, sº NATIONAL TRAINING SCHOOL, FOR GIRLS º By-laws, rules and regulations, 9418. Commitment to school, 9420. - Corporate powers, 9415. Brmployés, appointment and compensation, 417. HoNE ACT apprenticing School of Incorporation. 9414. Name changed from Girls, 9413. Officers, appointment and compensation, 94.17. Parole of inmates, 9423, 9424. Period of detention, 9421. Powers of trustees as to schools, 9416. Provisions relating to . Reform School made applicable to, 94.19. . Regulations for government and release of i inmates, 9422. . - Rºsion of property to United States, Reform School for 9415. Tight of Congress to alter, amend or re- peal act, 9426. r Trust; Organizations, terms, successors, Powers, 9416. NATIONAL WAR LABOR BOARD Proclamation of President, p. 431. Report of War I abor Conference Board, p. 431. NATIONAL ZOOHLOGICAL PARE See Smithsonian Institution. Administration by regents of Smithsonian || Institution, 10588. - Facilities for research open to investiga- tors, students, etc., 9383. - NATIONAL ZOOLOGICAL (Cont'd) - Heads of departments to aid in acquisition of collections, 10589. . - Plans, etc., for buildings and , bridges, 10591. - Reports of expenses, 10590. NATURAL HISTORY - Smithsonian Institution, reception and ar- rangement of specimens, 10575. - NATURALIZATION - - Bureau of Immigration and Naturali- 2ation, see Imv'migration. General provisions, 4351-4384. Act applicable to free white and persons of African nativity and descent, 4358. Affidavit of witnesses, form of, 4382. - Affidavits accompanying petition, 4352(2). Alien enemies, 4352(11). g Aliens erroneously ' exercising privileges of citizenship, 4352(10). Aliens in service of army, etc., 4352(7, 13). Aliens owing permanent allegiance to TJnited States, 4366. Allegiance, oath of, 4352(3, 7, 12). Anarchists not entitled to, 4363. Appearance by United States, 4370. Army, aliens Tin, 4352(7, 13). . Blank forms, how furnished, 4351. g Bureau of accounting as to naturaliza- tion proceedings, 4352(7). Administered by Commissioner of Nat- uralization, 962. Blank forms to be furnished by, 4351. Certificates, copy of order canceling certificaté to be sent to, 4374. Clerks of court to account to for fees, PARK 4372. Duties, 963. * Establishment, Commissioner and Deputy Commissioner, , 961. Reimbursement for printing and bind- ing, 4352(9). - Reports by, of expenditures, 943. Reports to of persons denied naturali- | zation, 4371. Certificate, cancellation for fraud, 4374. Certified copy to be evidence, 4383. Consecutive numbering, 4351. Copy of order canceling certificate to be sent to Bureau of Naturalization, 4374. Defaced or injured certificates not to be destroyed, 4371. Duplication, 4371. Rorm of, 4382. ... Issue in certain cases without decla- ration of intention, 4352(2). Issue in name alien assumes on nat- | uralization, 4354. - * Limitation of time of issuance, 4354. Paper to be printed on, 4351. . . Reference to record of petition, 4373. Stub, form of, 4382. TJnlawful issuance as offense, 4375. Validation of certain certificates, 4352a, 384. - Certificate of arrival of alien to be made part of petition for admission, 4352(2), Character, evidence of, 29.00%a (2), 4352 (4, 7, 13), 4369. Children, birth abroad of alien parents, 3962. Born out of United States of citizens, are citizens, 4367. Naturalized parents, 4367. Parent becoming insane ration of intention, 4365. Parent dying after declaration of in- tention, 4352(6). - - - - Chinese not to be naturalized, 4359. - Citizenship of naturalized persons (Const. am. 14, § 1). - Citizens of insular, poss2.fisions in naval reserve force, 2900%a (2). Clerks of court, clerical assistance, 4372. Excessive fees, prohibited, 4377. º, Fees, 4352(7), 4372a. Taking declaration of 4352(1). - . Coast Guard, aliens in, 4352(7, 13). Commissioner powers, duties and appoint- ment, 962. Title, 961. Congress, power to establish uniform rule for (Const. art. 1, § 8, cl. 4). Declaration of intention, 4352(1). Admission or deportation of wife of alien resident before filing of, 4286. Aliens erroneously exercising privi- leges of citizens, 4352(10). after decla- intention, NATURALIZATION (Cont'd) Declaration of intention (Cont'd) Aliens in military or naval service, 4352(7). Binding in chronological order in sep- arate volumes, etc., 4373. Children of aliens dying after, 4352(6). Of citizens living abroad, 3963. Clerks of court to take, 4352(1). Dispensed with in certain 4352(2). Duplicate to be Court, 4371. Form of, 4382. Indians, 3950. Oath, 4352(1). - Part of a petition for admission, 4352(2). Passports to be making, 3958. Requisites and contents, 4352(1). Temporary detention or deportation of wife and children of alien making, cases, made by clerks of issued to persons 42.86. Time for petition for admission, 4352(2). Widows of aliens dying after, 4352(6). Declaration to support constitution and laws, 4352(3). Depositions, 4352(7), 4369. Deputy Commissioner, powers, ment, 962. . Title, 961. - . Division of, transfer to Labor Depart- ment, 934, 935. - Embezzlement of funds received in ceedings for, 4376. English language, homesteaders excepted, from requirement to Speak, 4364. Speaking of as condition to naturali- Zation, 4364. - Evidence, certified copy to be, 4383. Residence, character, etc., 4352(2, 4, 7, 13), 4369. Citizens of insular possessions in naval reserve force, 29.00%a.(2). Fºnation of applicant before Witness, appoint- pro- Expatriation of naturalized citizens, pre- Sumptions, 3959. - Fees of clerks of courts, 4352(7), 4372a. Disposition, 4372. Enumeration, 4372. Exaction of excessive fees as offense, Filipinos in service of army, etc., 4352 Fines, exaction of excessive fees, 4377. False certification of appearance, oath, etc., 4378. : Issuance of certificates, 4375. Procuring naturalization illegally, Forms, 4382. . . . . Free transmission of mail matter ing to, 7385b. Hearing, held in open court, 4368. Notice, subpoenas, etc., 4353. Honorable discharge from military serv- ice, 4355. Jurisdiction of courts, 4351. District court of Porto Rico, 38034g. Laws regulating, administered by Com- missioner of Naturalization, 962. Marine Corps, aliens in, 4352(7, 13). Merchant marine, aliens in, 4352(7, 8, 13). Names of aliens may be changed, 4354. Navy, aliens in, 4352(7, 13). Notice, filing of petition, 4353. PHearing on petition of alien enemies, 4352(11). Proceedings for cancellation of cer- tificate for fraud, 4374. Oath, declaration of intention, 4352(1). Residence, 4352(4). Oath of allegiance, 4352(3). Persons owing permanent allegiance to United States excepted, 4366. - onenº, aiding unlawful Inaturalization, 4379. Attempting to vote, etc., on false cer- tificate of citizenship, 10246. Embezzlement by clerks of court of funds, 4376. relat- Engraving, selling, etc., plates for counterfeiting certificates of citizen- ship or selling, etc., certificates, etc., punishable, 10243. Exaction of excessive fees, 4377. False certificate, use of, 10245. False certification of appearance, oath, acknowledgment, etc., 4378. GENERAL INDEX [Page 22151 [References are to sections, except where otherwise indicated.] NA TURALIZATION (Cont'd) Offenses (Cont'd) False claiming of citizenship, 10247. False personation in procuring, 10244. False Swearing in naturalization CaS- es, 10248. certificate of citizenship, Possession of blank certificate for un- lawful use, punishable, 10245. Pºins naturalization illegally, Provisions applicable to all courts, 10249. |Unlawful issuance of certificates, 4375. Persons not entitled to, 4367. Petition for admission to 4352(2). Aliens serving in military or naval service, 4352(7). Binding in chronological order in Sep- arate volumes, etc., 4373. Certificate of arrival to be made part of, 4352(2). Declaration of intention to be part of, 4352(2). Form of, 4382. Hearing on, 4353. Open court, 4368. Place of filing, persons in military or naval service, 4352(7). Requisites and contents, 4352(2). Subpoenas for witnesses, 4353. Time for filing, 4354. For final action thereon, 4354. For making, 4352(2). Verification by witnesses, 4352(2). Porto Ricans in service of army, 4352(7, 13). Pºe, of Congress (Const. art. 1, § 8, Cl. 4) . Printing and binding, reimbursement for, 4352(9). Protection of naturalized citizens in for- eign countries, 3956. Record, court, declaration of intention and petition to be, 4373. Final Order before, 4368. Renunciation of hereditary title, order of nobility, etc., 4352(5). Repeal of acts, 4381. - Reports to bureau of persons denied nat- uralization, 4371. Residiº, evidence of, 4352(2, 4, 7, 13), 369. citizenship, etc., In foreign country as evidence of lack of intention to become citizen, 4374. In Hawaii equivalent to residence in United States, 4361. g Persons in military or naval Service, 4352(7). - Term of continuance, 4360. Rules and regulations by Secretary of Labor, 4383. Soldiers honorably discharged, 4355. State courts to have jurisdiction, 4351. Subpoenas for witnesses, 4353. Territorial courts to have jurisdiction, 51. - Titles of nobility, etc., to be renounced, 4352(5). Uniformity, rules established by Congress to have (Const. art. 1, § 8, cl. 4). Widows of aliens dying after declaration of intention, 4352(6). Witnesses to fact of residence and char- acter of applicant, 4352(2, 4, 7, 13), 4369. NATURALIZATION ACTS See Naturalizatio?. Text of act, 963, 4351-5354, 4358, 4363, 4364, 4366, 4368-4383, 10242–10249, 10506. NATURAL WHNIE & Internal revenue, definition, 61.10a. NAUTICAL ALMANAC AND BOOKS Almanac, conduct of office, etc., under arrangement with foreign almanac offices, 664. Supervision of, 663. Supervisor of, pay, 663. Books, Navy Hydrographic Office to pub- lish, 658. Publication and sale, 7147. Disposal of proceeds, 660. Dºctor, recommendation of appointment, Exchange of data, with foreign almanac Offices, NAUTICAL SCHOOLS Appropriations for, 2763. Instructors and professors, detail of of- ficers of navy or marine corps, 2764-2766. NAUTICAL SCHOOLS (Cont'd) Loan of naval equipment to military schools, 2767. Sentence to, prohibited, 2764. • spºntendents, detail of navy officers, Vessels for, 2762, 2763. NAVAIL ACADEMY See Naval Schools. Academic course, 2735, 2737. Temporary reduction, 2737a, 2737aa. Accounts, Auditor’s examination, 420. Appropriations, 2733. Band, 2758, 2759. Pay, 2758, 2759, 2900. Retirement, 2759. Board of visitors, allowance for expens- es, 2756, 2757. Appointment, 2756, 2756a. Compensation of members, 2756a. Composition, 2756. Membership, 2756a. Cadets, articles of war, subject to, 2308a, art. 2. Candidates for admission to, age, 27.32a. Chapel, use of crypt and window Spaces, 2761. Clerk to paymaster, 2534. CIothing, 2749. Commissary department, additional pay- ment to servants, 2766. Dental surgeons, 2507, 2511. Engineer officers, graduates, rank, 2477, Establishment at Annapolis, 2716. Filipinos to be designated for instruction at, pay, allowances, etc., 2721a. Foreigners not admitted, 2722. Graduates, appointment as assistant nav- al constructors, 2549. Commissions operative as of date of graduation, 2483h. 2483h, Appendix p. 1761. Rank, 2677. Hazing, 2742–2748. Neglect to reports violations of law, punishment, 2748 Instructors, appointment by Secretary of |, Navy, 2748a. * Library, depository of government publi- cations, 7179 Midshipmen, academic course, 2735, 2737. Age of candidates, 2730-2732. Appointment, 2720–2727, 2733. Appointment of graduates to Marine Corps, 2911. Clothing, 2749. Computation of length of service, 1923. Courts-martial, 2741, 2742, 2746. Credit for service, 2619. Computing length of service of army officer, 1923. t Deficient, 2734. T)ismissal. 2741–2746. Examination of candidates, 2726b, 27.28. Failing to graduate not eligible to ap- pointment as commissioned officers in marine corps until after graduation of class, 2911a. Filipinos may be designated for in- struction, 2721a. Hazing, 2742-2748. Increase of number, 2726a, 2726b. Nomination of candidates, 2727. Recommendation, 2729. Number, 2720–2726c. Pay, 2827, 2836. Porto Rico, 2721. Promotion on graduation, 2736–2738. Punishment for hazing, 2742–2748. Qualifications for admission, 2730-2732. Rank, 2736. Rations, 2877, 2879, 2880. Title of students, 2472, 2717-2719. Officers, duty to report offenses, 2748. Pay, band, 2758, 2759, 2900. Midshipmen, 2827, 2836. Professors, 2753, 2754. Secretary, 2816. Professors, assistant professors, 2753, 2754. Duties, 2752. To report offenses, 2748. Employment by Secretary of Navy, 2748a. Mathematics, 2547. Pay, 2748a. 2748a, Appendix p. 1764. Rank of graduates, 2677. Secretary, pay, 2816. Senior dental officers, Appendix p. 1762. Storekeeper, 2749-2751. rank, etc., 25.11b, NAVAL ACADEMY (Cont'd) Student styled midshipmen, 2717-2719. Studies, not required on Sunday, 2739. Special course, 2740. Superintendent, duties, 2744-2746. Prevention of hazing, 2743. Supreme Court reports for, 1203. NAVAIL ARCHITECTS United States Shipping Board, employ- ment by, etc., 8146bb. NAVAL ASYLUM Hºpay allowance in lieu of benefits of, Sailors in, to have pensions paid them di- rectly, 9098. - NAVAIL AUXILHARY RESERVE See NC/voll Reserve Force. NAVAIL CADIETS See Naval Academy. Title changed to midshipmen, 2719. NAVAHL COAST ĐEFENSE RESERVE See Naval Reserve Force. NAVAL CONSTRUCTORS Appointment, 2548. Assistants, appointment, 2549. Number, 2483, 2550, 2551. Pay, 2816. Promotion, 2484, 2550. Rank, 2671. Transfer of officers of the line to grade of, 2551a. Pºlis as assistants to chiefs of bureaus, a. Duties, 2552. Inspection of ocean mail vessels, 7533. Number, 2483, 2548, 2550, 2551. Pay, 2548, 2816. Rank, 2548, 2671. Retirement, rank, 2647. Transfer of officers of the line to grade of assistant constructor, 2551a. NAVAL CONSULTING BOARD Appropriation for, 2553a. NAVAL COURTS See Courts-Martial ; qºlīry ; Deck, Courts. Courts of inquiry, 3026–3031. Deck courts, 2987–2993. Depositions, 3038. Cowrts of In- General courts-martial, 3003-3014. Jººtion, effect of espionage act, 8. Summary courts-martial, 2994-3002. NAVAIL FLYING CORPS Acting enSigns, appointment as acting lieutenants of junior, grade on com- pletion of probationary period, 2952%f. Appointment, term, 2952%d. Probationary period, 2952%f. Acting first lieutenants, election to qualify for aeronautic duties only or for naval Service generally, 2952%g. Acting º: junior grade, election to qualify for aeronautic dutiés only or , for naval Service generally, 2952%g. Qualifying for aeronautic duty, 2952%h Acting Second lieutenants, appointment as acting first lieutenants on comple- tion of probationary period, 2952%f. Probationary period, 2952%f. Actual flying, appointment of acting en- Signs as acting lieutenants of jun- ior grade, 2952%f. Appointment of acting second lieuten- ants as acting first lieutenants, 2952%f. Detail of ensigns and second lieuten- ants, 2952%.e. Aeronautic Schools, establishment, course of study, etc., 2952%q. Commissions to lieutenants qualifying for regular service, 2952%i. Composition, 2952%a. Detail of Officers and men in regular serv- ice for air craft duty, 2952%r. Discharge, failure to pass examination for promotion, 2952%j. . Distribution of personnel by Secretary of Navy, 2952%u. Enlisted men, appointment as student fly- ers, 2952%x. Gratuity in case of death, 2952%s. Pay, 2952%.cc, Appendix p. 1767. Pensions, 2952%s. Temporary increase in 2573aa, Appendix p. 1763. Enlisted men to be additional to total number in other branches of naval Serv- ice, 2952%a. & number, GENERAL INDEX NAVAL FLYING CORPS (Cont'd) Examination, commissions to acting first lieutenants qualifying for aeronautic duty, 2952%h. Commissions to acting lieutenants jun- ior grade qualifying for aeronautic duty, 2952%h. * Commissions to lieutenants qualifying for regular service, 2952%i. Commissions to student flyers' qualify- ing as aviators as ensigns for aero- nautic duties only, 2952%p. Promotion of acting ensigns and acting second lieutenants, 2952%f. For qualifications, 2052%d. Student flyers, 2952% n. For qualified aviators, 2952% o. Transfer of lieutenants qualifying for alernonautic duties to reserve flying corps, 2952%j. Gratuity in case of death of member, 2952%s. Officers, acting ensigns, appointment as acting lieutenants of junior grade on completion of probationary period, 2952%f. Acting ensigns for aeronautic duties only, age, 2952%d. Detail to duty involving actual fly- ing, 2952%.e. Acting first lieutenants, election to qualify for aeronautic duties only or for naval service generally, 2952%g. Promotion from acting lieutenants of junior grade, 2952%f. Acting lieutenants junior grade, elec- tion to qualify for aeronautic du- ties Only Or for naval Service gen- erally, 2952%g. Promotion from acting ensigns, 2952%f. Acting second lieutenants, appoint- ment as acting first lieutenant on completion of probationary period, 2952%f. For aeronautic duties only, - 2952%d. Additional to total number in other. branches of naval service, 2952%a. Detail, number 2952%b. Finsigns for aeronautic duties only, articles for government of navy to govern, 2952%t. First lieutenants, aeronautic duties only, articles for government of navy to govern, 2952%t. - Commissions to on qualifying for regular service, 2952%i. Transfer to naval reserve flying corps, 2952%j. First lieutenants qualifying for aero- nautic duties only, advancement, 2952%k. Borne on list as extra numbers, 2952%h. First lieutenants qualifying for regu- lar service, borne on list as extra. numbers, 2952%i. Gratuity in case of death, 2952%s. Lieutenants junior grade, aeronautic duties only, advancement, 2952%k. Aeronautic duties only, articles for government of navy to govern, 2952%t. Borne on list as extra numbers, 2952%h. Commissions to on qualifying for regular service, 2952%i. Regular service, borne on list as extra numbers, 2952%i. Transfer to naval reserve flying corps, 2952%j. Pay, 2952%.cc, Appendix p. 1767. Pensions, 2952%s. Bank, lieutenants qualifying for aero- nautic duties only, 2952%h. Lieutenants qualifying for regular service, 2952%i. Second lieutenants, detail to duty in- volving actual flying, 29.52% e. Pay, 2952%.c. - 2952% co, Appendix p. 1767. Retired pay, 2952%t. '- Student flyers, 2952%m. Pensions, 2952%.S. Rank, acting first lieutenants qualifying for aeronautic duty, 2952%h. Student flyers receiving certificate of qualification, 2952%p. Regulations by Secretary 2952%W. age, of Navy, [Page 2216] NAVAIL FLYING CORPS (Cont'd) Reserve, lieutenants qualifying for aero- nautic duties only may be transfer- red to, 2952%j. Transfer of qualified student flyers to, 2952%p. - Transfer to of student flyers failing to qualify as aviators, 2952%0. Second lieutenants, appointment, 2952%d. Student flyers, additional to officers and enlisted men, 2952%b. Appointment by Secretary of Navy, 2952% n. Appointment 2952%x. Articles for the government of the navy to govern, 2952%t. Detail of officers and men from reg- ular service as, 2952%l. Examination, 2952%r. Examinations for commission as en- term, of enlisted men as, * signs for aeronautic duties only, 2952%p. * - Examinations for qualification as qualified aviators, 2952%0. Gratuity in case of death, 2952%.S. Pay, 2952%m. 2952%.cc, Appendix p. 1767. Pension, 2952%.S. Qualifications, age, 2952% n. Rank on receiving certificate of qual- ification, 2952%p. Term of appointment, 2952%0. º Transfer to reserve as ensigns on fail- ure to qualify, 2952%0. Transfer of enlisted men from other branches of service, 2952%W. NAVAL, HOME AND HOSPITAL Deceased inmates, disposition of effects of, 9208. Employment of inmates in, 9205. Establishment at Naval hospital, 9203, 9204. Pension fund, moneys derived from sale or rental of property turned into, 9204a. Pensions of inmates, disposition, 9207, 9208a. Rental, disposition of proceeds, 9204a. Sale of material, disposition of proceeds, 9204a. NAVAL HIOSPITALS AIlowance of rations to, 9206. Commanding officer may Order Summary courts-martial, 2994a. Fund, deductions of pay from officers and men applied to, 9200. Fines applied to, 9.201. - Forfeitures for desertion applied to, 9202. Half-pay allowances to sailors, etc., in lieu of benefits of, 9088. Home for aged officers and men at one of, 9203, 9204. Pensions of inmates to be paid to Secre- tary of Navy, 9207. Secretary of Navy to superintend, 9199. Sites and buildings for, 9203. NAVAH, MILITIA See Militia. NAVAL MILITIA ACT See Militia. Text of act, 3078a (1, 4, 13, 14, 19-24, 28, 30–38, 57), 3078b (6). - NAVAIL (OESERVATORY - Board of visitors, appointment, 662. Compensation, 662. I) uties, 662. Eligibility, 662. Expenses, 662. Recommendation of appointments, 662. Regulations, scope of astronomical and other researches, etc., 662. Submission to secretary of navy, 662. Reports concerning property, 662. To secretary of navy, 662. Visitation of observatory, 662. Documents allotted to, Congressional Rec- ord, 7090. Facilities for research accessible to stu- dents, etc., 9382, 9383. Library, binding of documents for, 7158. Observations of, number of copies, dis- tribution of, 7058. Professors of mathematics, 2547. Report of condition of buildings, etc., by Board of Visitors, 662. Superintendent, eligibility, 662. Pay, 661. - [References are to sections, except where otherwise indicated.] - NAVAL OFFICERS, CUSTOMS Officers of Navy, see Navy. Accounts, 5380, 5383, 5385, 5387. Appºnent, inspector to search vessels, 761. Officer to inspect change of casks con- taining Spirits and sugar, 5732. Arrest of vessel departing from port of a val Without making report of entry, 5469. Aºrant treaSurers’ books examined by, Bond, 5357, 5358. Custody of, 3288. President may increase, etc., 6638. Certificate, exportation from port other than that of importation, 5744. Rºry of Vessels, countersigned by, Collector’s duties performed by, 5363. Collector to execute duties of, in case of disability or death, 5361. Compensation, fines, etc., collected, 5795, 5796–5798. Delinquency of subordinate officers pun- ished by, 5373. Deputies, 5371. Estimation of duties, 5557. On excess of sea-stores, 5493. Examination of baggage ordered by, 5498. Expense account, 5383. Fees, excess paid into treasury, 5387. Rates of, to be posted, 5376. Services to vessels in domestic trade, 8136-81.40. Pºent from treasury in lieu of, Report of, 8138. - Table of, posting, 8142, 8143. License, lading or unlading at night, Removal of locks from vessels, 5773. List of clerks, 5383. Merchandise falsely entered by mistake for drawback not forfeited by, 5754. Permit, exportation from warehouse, 5665. Lading merchandise notified for ex- portation, 5738. Upºns Vessel obstructed by ice, Vessel in distress, 5583, 5584. Personal attention at port required, 5381. POWers and duties in general, 5364. Proof of exportation in absence of certifi- cate received by, 5750. Rates of fees and duties posted by, 5376. Returns of deliveries, 5580, 5581. Search of Stores, warehouses, etc., 5819. sº Warrant for dwellings and stores, Seizure of arms, port, 7678d. Signatures to enrollments, licenses, per- mits, etc., of vessels, 8081. Tare on imports estimated by, 5588. Term, 5347. Vessels boarded and searched by, 5770. NAVAHL RESERVATIONS Porto Rico, 3761. NAVAL RESERVE See Naval Reserve Force. NAVAIL RESERVE FEYING CORPS See Naval Reserve Force. NAVAL RESERVE FORCE Active service in time of peace, 2900%a (22%), Appendix p. 1766. Appropriations for camps of instruction, 2900%a (26). Appropriations for Naval Militia, etc., transferred to, 3078d, Appendix p. 1769. Articles for government of navy, mem- bers subject to only during active serv- ice, 2900%a,(18). Camps of instruction, course of training, certificate of qualification, 29.00%a (26). Civil relief to members, 30.78%a-307844ss. Classes, 29.00%a.(1). Commissioned grades, 2900%a.(6). Credit to service in of service in former United States naval reserve, 2900% cob). Deck duties, officers may elect, 29.00%a (5). Discharge, return of gratuities, 2900%a.(7). Dºrollment, 2900%a.(26%), Appendix p. etc., intended for ex- Engineering duties, officers may elect, 2900%a (5). Enrollment, citizens, 29.00%a (2). cºns of insular possessions, 29.00%a Members of Dental Reserve Corps, 2900%a (26%), Appendix p. 1766. GENERAL INDEX IPage 2217] [References are to sections, except where otherwise indicated.] - gº - NAVAL RESERVE FORCE (Cont'd) Enrollment (Cont'd) \ Members of Medical Reserve Corps, 2900%a (26%), Appendix p. 1766. Term of, 2900%a (7). Establishment, 2900%a (1). Flag or pennant on private 2900%a (25). º Fleet naval reserve, active service, train- ing, 2900%b (3). . vessels, Assignment of members to active duty for training, 2900%b (3). commissions as, 2900%b Boats Wains, 8) Carpenters, commissions as, 2900%b (8). Eligibility for membership in, 2900%b (1). - Engineers, commissions as, 2900%b (8). Enlisted men of navy may be trans- ferred to after twenty years Service, 2900%b (2). - Enrollment of citizens, 2900%b (1). Ensigns for deck, 2900%b(8). Establishment of marine corps to cor- respond with, 2952d. Gunners, commissions as, 2900%b (8). Machinists, commissions as, 2900%b (8). Men transferred to reserve to be gov- erned by regulations of navy, 2900%b 9 (9). Officers, retainer pay, 29.00%b (4). 29.00%b (4), Appendix p. 1766. Pay, calling retired men into active service, 2900%b (10). - Forfeiture for failure to report for inspection, 29.00%b (7). Increase on reenrollment gratui- tous, 29.00%b (5). Length of service, 2900%b(6). Retainer pay, active service for training, 2900%b (3). Heroism, 29.00%b (6). Not to lose when commissioned as boatswain, etc., 29.00%b (8). Rate of, 2900%b (4). 2900%b (4), Appendix p. 1766. Retirement, 29.00%b (9). Pay clerk, commissions as, 2900%b (8) Pharmacists, commissions as, 2900% (8). Reenrollment, 2900%b (5). . Retirement after thirty years service, pay, 29.00%b (9). - Retirement, calling into active serv- ice, pay and allowances, 29.00%b (10). Staff corps, members may be commis- sioned in lower grades, 2900%b (8). |Uniforms, required to keep on hand part of outfit on retirement, 29.00%b (9). United States service, calling retired men, pay, 29.00%b (10). Gratuities, uniforms, 29.00%a (21, 22). National Naval Volunteers, members transferred to, 3078c, Appendix p. 1769. Naval auxiliary, active service, detail for temporary duty, 29.00%d (2). Eligibility for membership, 2900%d(1). Enrollment of citizens of insular pos- sessions, 2900%a.(2). Officers to exercise auxiliary command only on board vessels to which at- tached, 29.00%d (4). . Pay, retainer, pay, 2900%d (5). Rank, confirmation in, 2900%d (3). Naval coast defense reserve, active serv- ice, 2900% e(3). - . Eligibility for membership, 2900% e(1). Enrollment for particular service, 29.00%e (2). Establishment of marine corps reserve to correspond with, 2952d. Exercise of command, 2900%e(5), Ap- pendix p. 1767. - Motor power boats, enrollment of owners and operators, 29.00%e (2). Pay, retainer pay, 2900% e(4). Rank, confirmation in, 2900%e(3). Yachts, enrollment of owners and op- erators, 2900%e (2). Naval Militia, members of transferred to, 3078c, Appendix p. 1769. . Naval regulations applicable to, 29.00%a (18%), Appendix p. 1766. Naval reserve, continuous service pay of former members of, 29.00% cºb). Credit of service in to service in Naval Reserve Force, 29.00% cºff). Eligibility for membership in, 29.00% c (1). 2900% col), Appendix p. 1767. Age # tº 2900% c(1%), Appendix P. © NAVAL RESERVE FORCE (Cont'd) Naval reserve (Cont'd) ' Establishment of marine corps reserve to correspond with, 2952d. Increase in maximum age limit for of- ficers, 29.00% cq6). Minimum active service to qualify for rating, 2900% c(2). 2900% c (3%), Appendix p. 1767. National Naval Volunteers, members #. transferred to, 3078c, Appendix p. 7 9. Naval Militia, members of transferred to, 3078c, Appendix p. 1769. Officers, age, 29.00% c (1, 6). Qualifications, 2900% c(1). Pay, retainer pay, 29.00% c{4). Rank, confirmation in, 2900% cº, 3). Naval reserve flying corps, active serv- ice, 2900%g (1). Eligibility for membership, 2900%g (1). Ensigns, graduates of aeronautic schools may be commissioned as, 2900%g (1). Establishment of marine Corps re- serve to , correspond with, 2952d. Exercise of command, 29.00%e(5), Ap- pendix p. 1767. National Naval of transferred to, members Appendix Volunteers, 3078c, Naval Militia, members of transfer- red to, 3078c, Appendix p. 1769. Pay, retainer pay, 2900%g (1). ..., Rank, confirmation in, 2900%g (1). Navy, active service, 2900%c (2, 3). Oath of allegiance, 2900%a (8). Officers, authority to administer oaths, 7 Board of examiners, 29.00%a (11). Flag or pennant for merchant vessels commanded by, 2900%a (25). Line officers may be appointed for deck or engineering duties, election, 2900%a.(5). Provisional grade, 29.00%a (9, 10). Retainer pay, 2900%a (12). - Rank, 2900%a(6). Retired officers, use of, 2483g. 2483g, Appendix p. 1761. Service on naval courts-martial and deck courts, 2988a. - active service, 2900%a (19). 2900%a (19%), Appendix p. Gratuities, 2900%a.(6). Increase on re-enrollment, 2900%a (15). Retainer pay, 2900%a.(6). Active service, 2900%a (13). In time of peace, 2900%a.(22%), Appendix p. 1766. - Addition to other pay in public service, 29.00%a.(17). Aºint, 2900%a (12%), Appendix p. 17 - 2900%a Pay, y 1766. Computation of service, (12%), Appendix p. 1766. Increase on re-enrollment, 2900%a, (15). - - Limitation on, 2900%a.(12%), Ap- pendix p. 1766. Provisional rank, exception of vol- unteer reserve, 2900%a (12). Reports as to movements and oc- ºtions as condition of, 2900%a. 14 - - Time for, 2900%a(16). Retirement gratuities equal to amount of retainer pay during last term, 2900%a (15). Persons who may become members of, 2900%a (2). - Preference in shipping officers and men for service on board auxiliary vessels, 2900%a (23). 2900%a (11%), Promotions, 1765. * ~ * Property loaned to Naval Militia, etc., transferred to, 3078d, Appendix p. 1769. Rank, 29.00%a (5, 6). . 2900%a (11%), Appendix p. 1766. Active service for instructions, con- firmation of rank, 2900%a (9, 10). Re-enrollment, 2900%a.(7). 29.00%a.(7%), Appendix p. 1765. Restrictions on, 2900%a (11%), Appen- dix p. • . - Regulations, Secretary of Navy, 2900%a (3). Appendix p. Reports as to movements and occupations as condition of retainer pay, 29.00%a (14). Retired enlist,ed men not eligible for en- listment in. 2659a. NAVAL RESERVE FORCE (Cont'd) Retirement, 2900%a (15%), Appendix p. Transfer from one 2900%a,(24). Uniforms, gratuity for, 2900%a (21, 22). .. *% 22%, 26%), Appendix p. 1766. - Pºuſſiºn of, 2900%a.(22%), Appendix class to another, D. * United States service, confirmation of ãº) after active service, 2900%a 9, 10). - Obligation to perform, 2900%a (20). Pay, 2900%a (19). President may call, 2900%a (4). Retainer pay, 29.00%a (13). Uniform gratuity, 29.00%a (22). Volunteer naval reserve, eligibility for membership, 29.00%f(1). Establishment of marine corps reserve to correspond with, 2952d. Pay, obligation to serve without re- tainer pay and uniform gratuity, 2900%f(1). Not to have retainer pay, 2900%a 12). Warrant grades, 2900%a.(6). NAVAL SCHOOLS - Effect of alcoholic drinks and narcotics taught in, 9379-9381. Selection of officers and enlisted men of naval militia to attend, 3078a (27). NAVAIL SERVICE ** WSee Military and Naval Service ; Na- ºvy Navy Department. Distribution of publications of Naval In- telligence office, 7165 NAWAHL STATIONS See Navy Yards &nd Stations. NAVAL STOREKEEPERS Appointment, foreign Stations, Navy Yards, 2563. Bonds, 2568, 26.11. Foreign stations, detail of naval officers, 2610, 2611. - - Pay, 2853, 2854. Naval academy, 2749-2751. NAVAIL SUPPLIES Accounts, 626. Advance payments to contractors, 6648a. Appraised value of stores equipped, sup- plies turned in from ships, etc., to be credited to current appropriations, 6762a. Appropriations, 6760-6762. . Bids, guaranty, 6863. Rejection of bids, 6872, 6874. Bread, contracts for baking, 6878. Contracts for, 6862. Control of, 6842. Foreign supplies, 6873. Limited to necessities of year, except, 6884, 6885. Without appropriation, 6884, 6885. Pºe in on private account forbidden, 2567. Employment of naval officers in furnish- ing forbidden, 2899. - Hemp, preferences of Américan growth or manufacture, 6876. Motor vehicles to be exchanged for new ones, 2809a. . Name of contractor to appear on, 6883. Naval Militia, 3078a.(4). Issue of, without charge on appropri- ation, 3078a (14). Loan by United States, 3078a.(13). Nº. Supply Account, creation, 6761, 6762. Procurement of stores by one bureau from another, requisition on funds of such other replacement of stores from stock on hand, 6772a. Purchase, advertisements, 6869. Classification and issue, 6760. Flour, 6878. Materials for steam boilers, 6866. Open market to certain amount, 6871. Preserved meats, pickles, butter, and dessicated vegetables, 6877. Steel or armor, 6867. Subsistenee supplies, 1954a. Tobacco, 6870. Regulations for purchase and care, 2808. Reports, 626, 648. Reserve supplies, use and disposition in time of peace, 2808a. , Sales, officers and men of Navy and Ma- rine Corps, 2810, 2811, 2942. Officers of revenue cutter service, ra- tions, 8459%b (42%). GENERAL INDEX NAVAL SUPPLIES (Cont'd) Sales (Cont'd) Old and condemned property, 2785–2788. Ordnance property to officers, 3105. Profits, 2811. sºles, department of agriculture, 832a. Shore duty detachments, supply by Quar— termasters department, 1791. Transportation of by United States ves- sels, 6857. - . Tºriting and computing machines, Vessels, materials and stores, 2783-2788. NAVAL VOLUNTEERS - - See Militia. NAVIGABLE WATERS - See Anchorage ; Bridges ; Canals ; Daºns : Gaºu gºing ; Great Lakes ; Lakes ; Navigation, ; New York, Haſr- bor ; Panama, Canal ; Rivers and Harbors ; Snags Swºrveys ; Waters a'ſtd, Water Courses. General provisions, 9836–9862. Alaska, homestead entries upon, restrict- ed., 5046. - Purchase of lands abutting on, trade or manufacture, 5091. Rights of railroads, 5083. . Title not to be acquired under coal land laws, 5072. Alteration of course, etc., proval unlawful, 99.10. Anchorage regulations, 9947–9959. Arrests for obstruction, etc., 9922. Bayou Mieto, Arkansas, declared non- navigable, 98.55b. for without ap- Big Tarkio River, MissOuri, nonnaviga- ble, 9854. - Aºnament or repeal of act reserved, 985.5 Bridges over, 9960–9975. Cº. River, Arkansas, a. Calumet River, Cook County, Illinois, abandonment of portions as navigable waters, 9843a. Control of floods, details from Govern- ment departments, 10030%.C. Examinations and surveys, 10030%.C. Laws applicable to, 10030%.C. Mississippi River, 10030%a. Reports, 10030%.C. Reports by Board of Engineers for Rivers and Harbors, 10030% c. Sacramento River, 10030%b. Waterways Commission, 10003%a. orum River, Delaware, declared naviga- ble, 9845b. Cuivre River, 9847. Dams, 9976–9992. Defined, 5083. Delaware Bay, government pier open to public use, 9839a. Depositing refuse in prohibited, excep- tions, 99.18. - Destruction of grounded vessels, etc., 9925. Expenses of investigations, etc., how paid, 99.74. - Grand River, Missouri, nonnavigable above Brunswick, 9849. - - Great districts, establishment, 8100. Improvement of navigation, report Con- cerning, 9866. $. Improvement of rivers and harbors, 9863– non-navigable, Missouri, nonnavigable, Iowa river, nonnavigable between Tools- boro and Wapello, 9841. Nonnavigable north of Wapello, 9840. Kyle and Young Canal, Florida, public waterway, 9845C. Louisiana and Orleans territories, remain public highways, 9846. Mill Slough, Oregon, nonnavigable, 9844. Mississippi River, west channel between Grand Island and mainland Opposite La Crosse nonnavigable, 9842. Mosquito Creek, Colleton County, South Carolina, declared non-navigable, 9855a. New Jersey sea, , coast channel improve- 1, lents, 9907. 9908. New York Harbor, 9.933–9941. - Niagara River, diversion of waters, 9989h, 99.89i. 9989.j, Appendix p. 1799. Nodaway River, Missouri, nonnavigable, 9852 9852. Obstruction, 9910–9946. - Aids to navigation, penalty, 8442, 8442a. Consent to, by New York City, of nav- igation of river, etc., within city limits, 9939, 9940. . . . IPage 2218] NAVIGABLE WATERS (Cont'd) ' Obstruction (Cont'd) - Estimate of cost of removal, 9874. , Information of, given by officers, 9923. Injunctions, 99.10a. Prohibited, 99.10. Penalty, 99.10a, 99.17. Prosecutions for, 9922. Removal of, 9869. By Secretary of War, 99.24, 9925. From Mississippi River, 9895. From Ohio River, 9898. Vessels, floating timber or wrecks un- lawful, 9920. Penalty, 99.21. Ollala, Slough non-navigable, 9844a. One Hundred and Two River, Missouri, lºavisable above certain point, Ağılment or repeal of act reserved, Osage River, Missouri, nonnavigable above certain point, 9848. Panama Canal, 10031-10054. |Pollution of, investigated by public health service, 9128. Pº Arthur ship canal, laws extended to, Porto Rico, 3803cc. Potomac River, deposit of refuse and of- fall prohibited, 9942–9945. Preservation and protection of rivers and harbors and improvements, 9909–9946. Fººtion of ‘forested water sheds, 5174, 1 Public lighways, 4918. - Regulations, dumping of dredgings, etc., penalty for violation, 9926. . Navigation, 9927–9932. - To prevent injuries from Coast Ar- tillery fire, 9862a-9862d, Appendix D. 98. Appeals, 9862d, Appendix p. 1799. Detail of vessels, 9862b, Appendix p. 1799. Interference with food fishing in- dustry, 9862a, Appendix p. 1798. Jurisdiction and venue, 9862d, Ap- pendix p. 1799. Posting, 9862c, Appendix p. 1799. Transportation Of explosives, . 98.62a, Appendix p. 1798. Violations, punishment, 9862c, Ap- pendix p. 1799. Use of, 9861–986.2a. Rivers and harbors, 9836–10030. - St. Marys River, Ohio and Indiana, d. Clared non-navigable, 9855c. Snags, removal of, 9869. Sturgeon Bay, Illinois, parts nonnaviga- | ble, 9843. Surveys, 9864–9894. Swan Creek, Toledo, Ohio, non-navigabil- ity, 9845b. . - - Telegraph lines across, 10072. - Timber floating permitted on certain wa- ters, regulations, 9927–9930. Water power, 9976–9992. Waterways commission, creation, powers, etc., 10003%a. Wharves, etc., construction without ap- proval, unlawful, 9910. NAVIGATION See Bridges ; Canals; Clearance of Vessels ; Comºmissioner of Naviga- tion. ; Enrollment of Vessels ; Entry of Vessels : Imports and Importa- tion ; Life Saving Apparatus ; Life Saving Service ; Light Howse Serv- ice ; Log-Books ; Masters of Ves- sels ; Measurement; Navigable Wa- ters ; Recording of Vessels : Regis- try of Vessels ; Rivers and Harbors ; Steann, Vessels : Tolls, Tomºn age and Torºnage Dºtties ; Towage ; Tow- boats; Transportation ; Vessels. Anchorage regulations, see Anchorage. Bureau of, hydrographic office, see Hydrographic ; Navy Department, see Navy Department. Collision rules, see Collision. Discriminating duties, see Discrimina- tºo?". Obstruction of navigable waters, see Navigable Waters. Accounº, examination of by Auditor, 420, 421. Settlement of, 420, 421. Aid by naval officers, 2776. Anchorage, buoys in New York and Phil- adelphia harbors, maintenance, 8440. Regulations, 99.47–9959. - | Charts of northwestern lakes, [References are to sections, except where otherwise indicated.] NAVIGATION (Cont'd) Anchoring , vessels to lights, 8442, 8442a. Annual reports, 879. obstruct range Army engineers detailed for construction of aids to, 8434 - Bridges over navigable waters, 9960-9975. Not to obstruct, 9964. . - Bureau of, absence, etc., of chief, assist- ant to act, 631. - Advancement of printers, 2712b. Appropriations for, report of expen- ditures from, 649. Assistant to chief, acting in absence Of chief, 631. Duties, 631. Pay, 631. * Chief clerk, salary, 614. Chief of, eligibility, 629. Clerical force of division of Naval Militia Affairs transferred to, 3078e, Appendix p. 1769. Clerks, 895. Establishment, 890. Hydrographic Office, 656–660. cº, etc., publication and Sale, 14 Transferred to Department of Com- merce, 857, 859. . Canals, 9836–10054. Sales to na.Vigators, 328. Congressional consent to agreements be- tween Minnesota, North Dakota, and South Dakota, regarding navigation, 99.08a. . Conservation of navigability of streams, 5174–5187. Dangers to be removed by vessel of rev- enue-cutter service, 8459% b (51). Deputy commissioner, designation, 895. Derelicts, removal by naval officers, 2777. Detail of vessels to prevent injury from coast artillery fire, 9862a. Engineer corps, officers detailed to su- perintend construction or repair of aids to, etc., 8434. - Establishing lights as aids to without per- mission of lighthouse board, 8439. Injury to improvements punishable, 9909. Inspection of steam vessels, 8151-8224. International agreement for removing menaces of, authorized, 7989. International Commission, appropriations for delegates to, 7833. Lighthouse, service, 8437-8459. Lights on bridges, etc., failure to main- tain, 8441. Light vessels, etc., tions, 8452. º Log-books, 8036–8038. Navigable waters, 9836–9862. Navigating coastwise and on Great Lakes, 8153. placed over obstruc- Obstructing or interfering with aids to, penalty, 8442, 8442a. - Obstruction of navigable waters, 99.10- 99.46. Philippines, laws administered by Con- Sular officers, 3915. - Piracy, suppression, 8039–8045. Post lantern lights, etc., on Lakes Union and Washington, 8439b, Appendix p. 1792. Resulºns. Ambrose channel, New York, 9932. South and southwest passes of Missis- sippi river, 9.931. Reports, aids which may be discontinued, 8443. . Annual, 879. Number of copies, distribution, 7084. Rivers and harbors and improvements thereof, 9836–10030. Summary trials for offenses against, 8046-8051. - Telegraph lines not to obstruct, 10072. Timber floating, regulations, 9927–9930. Transportation of passengers and mer- chandise, 7997–8035. Steam vessels, 8225-8276. Vessels, domestic commerce, 8057–8146. Foreign commerce, 8052-8056. . Waterways Commission, 10003%a. NAVIGATION ACT See Navigation. Text of act, 5489, 7761, 7808, 7969, 8168, 8178-8181, 8200, 8237, 8238, 9.935 NAVIGATOR ISLANDS Consular courts of United States in, 7970, 7673. § GENERAL INDEX [Page 22191 [References are to sections, except where otherwise indicated.] NAVY See Admirals : Aircraft ; Appoint- nvent ; Appropriations ; Articles for Government of Navy Board of NG- wal Officers ; Captatiºns ; Chaplairls : Chief Gºwn ºvers ; Coast Gward ; Coin- qmanders ; Coſmºnodores ; Commºnwid- tion ; Courts-Martial ; Cowrts % tº: €C quiry : Crimes and Offenses; - Cowrts; Deserters; Details; Dis- charge ; Dis?nissals ; Eºgineers ; Enlistment ; Ensigns : Eacarniºlations : Hospital Corps ; Judge-Advocate- General ; Lieutenant Commanders ; Lieutenants : Line Officers in Navy , Machinists ; Marine Corps ; Marine Hospitals ; Master Gunners ; Medical Corps ; Medicine and Surgery Na- wal Academy, Naval Asylum : Na- val Constructors ; Naval Cou'rts : Naval Flying Corps ; Naval Hoºve and Hospital; Naval Hospitals, Na- val Observatory ; Naval Officers, Customs ; Naval Reservations ; , Na- val Reserve Force : Naval Store- Iceepers ; Naval Supplies ; Navy Agents; Navy Department ; Navy Yards and Stations : Nurse Corps ; Pay Corps ; Pay of Navy, Pensions : Petty Officers in Navy, Prize, Pro- motion ; Public Contracts, Qwarter- masters ; Rank: ; Rating : Rations : Rear-Admirals ; Re-enlistment ; Reg- wlations ; Retired Officers; Sailors; Secretary of Navy Shipping Articles ; Small Stores Fund; Soldiers’ and Sailors’ Civil Relief; 'Squadron : Staff; Storekeepers ; Supplies ; Sur- geon-General; Surgeons : Transpot- tation ; Uniforms : Vessels, Vice Ald- mirals; Volunteer Navy, Volunteers ; Warrant Officers. Bureau of ordnance, see Ordºva?ce. Colors in, see Flags. 2. Detail of officers and employés, see DetailS. Disobedience of orders, see Disobedi- €70, C63. Enlisted men, see Enlistment, Sailors. Eacaminers in, see Easamāºvers. Gambling in, see Gambling. - Insane hospital for, see Insane Per- SO??.S. - - Midshipmen, see Naval. Academy. Naval Militia, see Militiq. Accounts relating to, Auditor’s Examina- tion, 420. Accused persons, protection after return by foreign government, 10121. Acts relating to organization, 2470–2598. Advances, general account of, 6761. How charged, 6756. Requisitions, 6755. Settlement of accounts, 6757. Agents to disburse money on foreign sta- tions, 28.12. Alaska fish laws, employment of Vessels to enforce, 3626, 3627. Appraised value of stores, equipment, and supplies turned in from ships, etc., to be credited to current appropriations, 6762a. Apprentice, enlisted men, 2570, 2574. Seamen, number, 2571a, Appendix p. Number, temporary increase, 2573aa, Appendix p. 1763. Outfits on first enlistment, 2887aa, Appendix p. 1765. Appropriations, see Appropriations. Arson of naval stores or equipment, 10449. Articles for government of, 2961-3040. Aviation duty, 2823. Badge, Army and Navy Union, 1949. Board of medical examiners, etc., for examination of candidates for appoint- ment, etc., in Navy at foreign stations, 2619a. Boards, investigation of irregularity or misconduct of officers, administration of oaths, 265. Bounties for enlistment, 2583. Refund on discharge, 2588. Brevets, 2921. Bureau of Navigation, clerical force of division of Naval Militia. Affairs trans- ferred to, 3078e, Appendix p. 1769. Cadets, Military Academy, credit for serv- ice, 2619 Civil engineers, 2564-2566. Officers detailed as assistant to chiefs Of bureau, 642a. Civilian employés, leave of absence, 2797a. NAVY (Cont'd) Civilian employés at naval stations, in- Sular possession, 2797. Sale of stores to, 2810. Civil relief to members 3078%a- 3078%.Ss. Civil rights, protection, 3943, 101.41. Claims for damages to or loss of private property, from operation of aircraft, adjustment by secretary, 652b, Ap- pendix p. 1744. In Europe due to naval operations, adjustment by secretary, 652aa, Ap- pendix p. 1744. Coal-heavers, additional pay, 2857. Coast and geodetic survey, employment of enlisted men in, 8557–8560. Transfer to Navy department in time of national emergency, 8562a–8562f. Coast Guard, operating under in time of war, 8.459%a (1). Of, Operation with, precedence as to off- cers, 8459%a (9). Commander-in-chief, President (Const. art. 2, § 2, cl. 1). Computing machines, 2809. Congress, power to provide and maintain (Const. art. 1, § 8, cl. 13). Contracts for supplies or services for, control of, 6842. With Panama Railroad Company, 10054. Deceased officers, gift of flag used in draping coffin to relatives, 2889a. Deceased persons, disposition of effects of, 2980a. W Deck courts, courts-martial, of inquiry, 2987-3036. - Detail of officers and men to Dominican Republic, 28130c. Discharge, forging, etc., of certificates of, 10242a. Discrimination by theaters, etc., against persons wearing uniform of navy, 10496. Disqualification to vote or hold office in territories, 3449. Division of Naval Militia. Affairs, clerical force transferred to Bureau of Naviga- tion, 3078e, Appendix p. 1769. Dry dock at Boston, Massachusetts, 2804bb. Embargo on exports, employment for en- forcement of act, 7678k. Embezzling arms, stores, etc., 10200. Enemy aliens not to approach. Within one-half mile of places for manufac- ture of products for use of, 7615. Enlisted men, 2570–2598. - Increase of enlisted strength, 2573a*4, Appendix p. 1763. Enlistment, see Enlistment. Estates of person dying in military serv- ice exempt from estate tax, 63.36%bbbb. Exemption of persons in naval Service from selective draft act, 2044d. - Registration, 2044e. Factory for manufacture of armour, a C- quisition of site, 2779a. Fines against officers, Seamen, and ma– rines, application to Navy Hospitals, 92.01 and courts Firemen, additional pay, 2857. Flags captured by, 644-646. Flags used for draping coffin of deceased officers or men to be given to relatives, 2889a. Free transmission of letters written by sailors in foreign countries, 7385a. Fuel, coal lands in Alaska, selection, º 2804.hh, Appendix p. 1765. Purchase of vessel for transportation of, 2804h, Appendix p. 1765. Funeral expenses, 2871, 2889. Gratuities, 2715. - Guano Islands, protection of rights of dis- coverer, 3923. Hawaiian elections, officers and men not qualified as electors, 3795. Home for disabled officers, seamen, and marines, 9203-9208. Homestead entries by persons in naval Service, 45.45a, 4602a, 4602b. Hospital at Ft. Bayard, N. Mex., for offi- cers and men, 92.11. Hospital corps, 2513, 25.13a–2517. Houses of ill fame, etc., near naval camps, etc., Suppression, etc., 2019b, 2813e. - Increase, expenditures to be stopped in case of establishment of international court of arbitration, 7686c. Indictments unnecessary (Const. am. 5). NAVY (Cont'd) Insane, 2815. , Hospital, '9292–9339. Commitment to hospital, 9301, 9301a. Intoxicating liquors, regulation of Sale of, etc., in or near naval Camps, 2019a, 28.13e. Sale of or to officers or enlisted men prohibited, 2019a, 2813e. Jºal process, execution of by, 3937, 43. Lands, etc., facilities for construction of torpedo boat destroyers, etc., a C- quisition; etc., 2804bbbb. * Naval purposes at Cape May, acqui- sition, etc., 2804bbb. 2804bbb, Appendix p. 1764. Lists of officers, etc., for Official Regis- ter, 7092. Mail clerks, 7256, 7257. . Adjustment of claims for loss by, 7212a. Assistants, 7256, 7257. 7256aa, Appendix p. 1786. Adjustment of claims for 7212a. Bonds, 7256, 7257. Assistants, 7256, 7257. Compensation, 7256. Duties, 7256. Oath, 7256, Selection, 7256, 7256a. 7256aa, Appendix p. 1786. Maintenance, power of Congress (Const. art. 1, § 8, cl. 13). / Marine Corps, 2901-2952. loss. Marine gunners, additional number, 2554bb, Appendix p. 1763. Material for construction, etc., admitted free of duty, 5309. Withdrawal from bonded Warehouse, 5310. Medals of honor, 2713–2715. - Mining claims of persons in service of, 46.20a, 4620b. Motor vehicles, exchanging old for new, 2809a. National forests, taking earth, stone and timber from for use of, 5138a. Naturalization of aliens in, 4352(7, 13). Nautical schools, 2762-2767. Naval academy, 2716–2761. Naval architects may examine and copy models of certain yachts, 7807. Nº. equipment for military schools, 7. - Naval flying corps, 2952%a-2952%x. Naval observatory, 661–664. Naval petroleum fund, disposition of, 4637a. - - Naval supply account, 6761, 6762. Naval Supply Fund’ abolished, 6762. Naval telegraph Stations, 10.103. Naval training stations, 2584–2586. Naval war college, 2553. Neutrality laws, enforcement, 10178, 10179, 10182a. Oath of allegiance, 2807. . Authority to administer, 3037. Officers, absence from duty without leave for three months, dropping from rolls, 2619b. Accepting appointments in diplomatic service, 26.12. Admiral, 2489. Secretary, 2489, 2490. Aid or executive of rank, 2663. Allowances on death of, to widow, gºren or other dependent relative, Appointment, reappointment of of- ficers dropped for absence without leave prohibited, 26.19%). - Assignment as governor of Virgin Is- lands, 39.24%a. Assignment to assist chief of naval operations, 621c. * Assistant Surgeons, 2669a. Authority to administer oaths, 3037. Board to examine condition and cost. of repairs of vessels, 2781, 2782, 2786. Boatswains, 2554, 2555. Bonds, storekeepers, 2568, 26.11. Bureaus and bureau officers, 622-649. Chiefs of, 2665, 2666. Captains, rank, 2660. Carpenters, 2554, 2555. Chaplains, 2540-2543. Appointment, 2540. Number, 2540. Qualifications. 2541. Rank, 2678-2075. Commanders, GENERAL INDEX IPage 2220T [References are to sections, except where otherwise indicated.] NAVY (Cont'd) Officers (Cont'd) Chief constructor, 2665. . Chief of naval operations, 62.1a. Rank, title, pay and duties, 621c. To act in absence of Secretary and Assistant Secretary of Navy, Chiefs of bureaus, 2665. Construction and repair, appoint- ment, 633, 634. Steam engineering, appointment, 635. d Citizenship of officers on vessels, 2599. Civil engineers, navy yards, 2563. Rank, 2672 Commanders, see Commanders. Commissioned officers, distribution, staff corps, 2483c-2483e. Commissions to lieutenants in the naval flying corps qualifying for reg- ular service, 2952%i. * Constructors, 2548–2552. Officers, rank, 2671. Credit for service, army or navy, 2615, sºlºe as midshipman or cadet, 2619. Service in different corps, 2617. Surgeons, 26.18. Deck courts may be ordered by, 2993a. Dental Corps, 2500–2511. Dental Reserve Corps, 25.12, 25.12a. Detail from Public Health Service, pension rights and liability to mili- tary law, 9141a. Detail to hydrographic office, 657a, 657b. Disability, participating in rebellion after oath to support Constitution (Const. am. 14, § 3). Disbursing officers, proceedings against delinquents, 6632. Requisitions for advances, 6755. Discontinuance of civil officers at navy yards, 2569. Dismissal or resignation to escape dis- rmissal, 2613. Pºution of commissioned officers, a. Duplicate certificate of discharge, 620. Pºeer corps transferred to line, 76. Engineering chief, 2665. Engineer of fleet, appointment, 2539. Engineers, see Engineers. Foreign hydrographic surveys, exam- ination and report, 6794. Free tuition in schools of District of Columbia, for children of Officers stationed outside District, 3369c. Furlough, 2614. Grades of line officers, 2470. Gratuity on death in aviation acci- dent, 2870b. Gunners, 2554, 2555. Hospital corps, 2513, 2514. Irregularity or misconduct, investiga- tion, oaths, 265. Machinists, 2556-2558. Master changed to lieutenant, 2472. Medals, 2715a. -- Medical Reserve Corps, 2499, 2510. Part of Medical Department, 2499. Members of air craft board, 3115*/32b. Midshipmen title changed to ensign, Mileage not to be paid when transpor- tation is furnished by government, 2850a. g Mileage while traveling on public business, 2843a. Naval academy, 2743-2751. Naval Appropriation Act of 1916, not to reduce rank or pay, 2684a. Number of commissioned Officers, 2483a. Number on active list, 2474, 2482, 2483, 2486. Ocean mail service, compensation, du- ties, 7536. Inspection of mail vessels, 7533. Ordering examining boards at foreign stations, 2619a. Pay Corps, 2522-2538. Rank, 2670. Pay, forfeiture when absent from duty on account of intemperance, 2900a. No reduction on account of act providing for temporary addi- tional officers, 2483n. rºaster general, chief of bureau, NAVY (Cont'd) Officers (Cont'd) Penalties, interference with election officers, 10189. Intimidating voters, 10187. Prescribing qualifications of vot- ers, 10188. Unlawful presence at polls, 10186. Prize cases, duties, 8395. Professor of mathematics, abolition of office, 2547a. Office abolished, 2547a. Rank, 2676. Qualifications of voters, be fixed by, 3965 Quartermaster property, purchase of, b. Rank, no reduction on account of act providing for temporary addi- tional officers, 2483n. Reimbursement for personal effects lost by operations of war, etc., appropriations, 2869a. Authority to make, 2869a. Claims, actions etc., on, 2869a. Determination by Chief of Bu- reau of Navigation, 2869a. Submission in writing, 2869a. Time for presentation, 2869a. Limitations, 2869a. In the naval service, defined, 2869a,. Report of men entitled to honorable discharge, 2597. Retired officers, 2620–2659. Revenue ciltters not to be controlled by, 8459%b (6). Sailmakers, 2554, 2555. Sale of quartermaster property to of— ficers of navy and marine Corps, 1954b. Sale of stores to officers, 2810. Secretaries, 2489, .2490. g Sending home enlisted men at expira- tion of term, 2591. Shore duty, 2606, 2607. Storekeepers, 2568a. Bonds, 2568, 2611. Foreign stations, 2610, 2611. Navy yards, 2563, 2567, 2568. Superintendents, naval academy, 2743– 2746 etc., not to Naval observatory, 661, 662. Pay, e Supervision of Nautical Almanac, 663. surgeon general, chief of bureau of medicine and surgery, 2665. Surgeon of fleet, 2520, 2521. Surgeons, 2491-2498. Credit for service, 2618. tº º Temporary additional commissioned officers, appointment, 24838, 2483m. 2483g, Appendix p. 1761; Grade on termination of tem- porary appointments, 2483j. . Grades from which temporary original appointments to be made, 24839. 2483g, Appendix p. 1761. Limitation on permanent or tem- porary appointments or pro- motions, 24839. 2483g, Appendix p. 1761. Number, 2483g. 2483g, Appendix p. 1761. . Pay of temporary appointees, 2483.j. Retired rank of officers, temporary advancement in grade of rank, 2483!. Rights, etc., of enlisted men not prejudiced by acceptance of tº- porary commissions, , etc., 2483.j. Temporary advancement of OfficerS holding permanent and pro- bationary commissions, 2483h. 2483h, Appendix p. 1761. Temporary advancements or pro- motions not to affect probation- ary commissions, etc., 2483i. Temporary promotion of lieuten- ants and ensigns without re- gard to length of Service grade, 2483i. 2483i, Appenſix p. 1761. Time of continuance, 2483k. * Temporary appointments to supply deficiency in grades authorized by Naval Appropriation Act of 1917, 2483g. 24839, Appendix p. 1761. NAVY (Cont'd) Officers (Cont'd) Total number not increased by crea- tion of admirals and vice admirals, 2471aa. Vacancies, computation by Secretary of Navy to be made semiannually, 2697gg. Vacancies in grades not increased by Creation of admirals and vice ad- mirals, 2471aa. - Volunteer officers transferred, entitled §§redit for volunteer sea service, Wages, sale of, 2600. wºpepartment. detail for service in, Opium purchase by officers without writ- ten order or paying tax, 6287g, 6287h. Ordnance material, proof and test, 2804bbbbb. Ordnance, transfer to war department, 3092a, Appendix p. 1770. Outfits to enlisted men serving second enlistments, 2887a. * Payments by disbursing officer, by order of commanding officer, how settled, 456. Preference right to purchase product of Coal mines in Alaska, for use of, 5076. Pººlent authorized to increase strength, 8. President, commander-in-chief (Const. art. 2, § 2, cl. 1). President’s orders to be obeyed, 616. Prize, 8393–8426. Provision for, power of Congress (Const. art. 1, § 8, cl. 13). Records of, 339, 340. Recruits, advertisement for, 2579. Resisº, number of copies, distribution, 7080. Retired officers, 2639. Regulation of vessels in ports of Unit- ed States, employment to enforce act, 995914 d. Regulations, 2805, 2942, 2947, 2948. Copy to be furnished officers, 2806. Deposits of seamen’s savings, 2876. Naval Reserve Force, subject to, 2900%a (18%), Appendix p. 1766. Pay on death of Officer or enlisted man, 2870. Sale of stores, 2810, 2811. & Supplies, 2808. - Reports, personnel and operations, cus- tody of, 618 Receipts and expenditures, 394. Requisition of food, fuel and Supplies, 31.15%ii. - Reserve material, use of, 6878a. Resignations, order of acceptance in true name of persons enlisting, 325, 326. Retirement, 2068. Retiring board, 2627-2631. Rewards to civilian employés, 655a, Ap- pendix p. 1744. - Sea service, 2859. Shipping articles, 2591, 2594. Shore duty, 2606, 2607. Small-stores fund, creation, 6758. Social hygiene, 9188% (a)-9188% (h), pendix p. 1797. Spies, 2966. Sponges, employment of vessels to en- force act relating to, 8869a. States, maintenance by prohibited with- out consent of Congress (Const. art. 1, § 10, cl. 3). Submarine officers, 6761a, Appendix p. 1781. Subsistence of those employed on coast- survey service, 8559. Tests of rifled cannon, 3092. Timber lands, protection, 4979. Selection and reservation for naval purposes, 4977-4988. Trade schools, 2573aa, Appendix p. 1763. Transportation, army transport Service, 1976. Settlement of accounts of certain rail- roads, 10063. sºles by United States vessels, Ap- quarters for, Trusses, 2184. Typewriting machines, 2809. Uniform, Naval Reserve Force, (18%), Appendix p. 1766. Retired officers, 2639. Unauthorized use prohibited, 1949a, 1949aa. 1949a, Appendix p. 1753. 2900%a GENERAL INDEX [Page 2221] [References are to sections, except where otherwise indicated.] NAVY (Cont'd) Vessels, 2768–2787. Auxiliary, preference of naval reserve force, 2900%a.(23). Defined, 8394. Exhibition of lights Great Lakes, 7923. Harbors, rivers, and inland wa- ters, 7904. Red River of the North and rivers *Pºe into the Gulf of Mexi- CO, º, Or capture, pay of crews, 2863– not required, Repair of vessels damaged in foreign quarters or on high seas, 2781a. Sale of unsuitable, 2787a. Salvage laws not applicable, 7994. Steamships, foreign built and regis- tered in United States used for Cruisers or transports, 77.13. Vocational rehabilitation, 30.78%a-3078%i, Appendix p. 1769. War risk insurance, 514a–514v.v. Water front property, leases of, 2804g, Appendix p. 1765. Yards and stations, 2790-2804. NAVY AGENTS President may increase, etc., 6638. NAVY DEPARTMENT See Commissioner of Navigation ; De- partments : . Naval Observatory ; Na- ºval Supplies ; Navy, Public Con- tracts : Sailors ; Secretary of Navy. Awditors for, see Auditors. Nawtical almanac office, see Nautical Allmanac and Books. - - General provisions concerning, 610–664. Provisions applicable to all Executive Departments, 232-283. Absence of Secretary, and assistant secre- §: chief of naval operations to act, 21b. - bonds of, Accounts, examination of by Auditor, How to be kept, 454. Settlement of accounts of disbursing officers and others, 455, 456. Annual reports of Secretary, 648–652. Appropriations, 6675, 6753–6762. Accounting for appropriations for ob- taining information from abroad and at home, 6762e. Control of and expended by Secre- tary, 6753. creaſ; gº appropriation, etc., 6754, 761. - Appraised value of stores, equip- age, and supplies turned in from ships and yards, 6762a. Direct and indirect charges to be in- cluded in cost of work under, 6773. Each bureau of, to be kept separate in Treasury, 6753. Equipment, outfits to be charged against appropriations “increase of the navy construction and machin- ery,” 6762e. - Expense of naval auxiliaries engaged in transportation of fuel to be charged against appropriation “fuel and transportation,” 6762d. Expenses of vessels, etc., of light- house service transferred to, 8459a. How drawn, 6746. Overhead charges at Navy yard and Stations to be charged against ap- propriations for support of naval establishment, 6762b. Reimbursement of expenditures made || for Coast Guard, 8459%a (8). Attºrney-General to give legal advice to, 53 - Auditor, 416-471. Board to examine condition and cost of repairs of vessels, 2781, 2782, 2786. * Books, custody of, 617. Branch printing office abolished, 6987a. Bureaus, 622-655. Chiefs, 628-641, 653, 2666. Appointment, etc., 628-641. Authority to make contract for Supplies to be executed in foreign country, 6873. Authority to reject bids for sup- plies, 6872. Pay, 2843. 2843, 2843aa, Appendix p. 1765. Rank and title, 2665, 2666. Staff Officers who have been chiefs exempt from Sea, duty, 2608. Terms of office, 628. NAVY DEPARTMENT (Cont'd) Bureaus (Cont'd) Clerks and draftsmen of, 614. Construction and repair, 622, Appropriations for, report of ex- penditures from, 649. Chief Clerk, 614. Chief of, eligibility, 633, 634. Assistant to chief, 642a. Designation of board to report cost of repairs to vessels, 2781, 2782. Draftsmen, 614. - Employés’ salaries, 614. Model tank, 2804. Contingent expenses not to be paid from appropriation for naval estab- lishment, 654, 655. Custody of books and records in, 625. Discontinuance of, 624. Transfer of funds and employés to Other bureaus and offices, 624. Division of Naval Militia. Affairs, clerical force transferred to Bu- reau of Navigation, 3078e, Appendix p. 1769. Equipment and recruiting, 622. Appropriations for, report of ex- penditures from, 649 Chief clerk, salary, 614. Discontinuance of, 624. Distribution of duties, etc., of, 624. Hºwraphic office attached to, Estimates for, to be furnished to Sec- retary of Navy, 653. - Medicine and surgery, 622. Appropriations, expenditures, 649. Assistant, pay, º - Chief, eligibility, 641. Rank and title, 2665. Retired, rank, 2645. Chief clerk, 614. Detail of assistant, 642. Navigation, 622. - Advangement of printers, 2712b. Appropriations, expenditures, 649. Assistant to chief, 631. Chief, 629. Chief clerk, 614. CIerical force of division of Naval Militia. Affairs transferred to, 3078e, Appendix p. 1769. Clerks, 895. Establishment, 890. - Hydrographic office, 656–660, 7147. Transfer to Department of Com- merce, 857, 859. Ordnance, 622. Appropriations, report of expendi- tures, 649. •x - Assistant to chief, detail, pay, etc., 632. Chief clerk, 614, 629. - Acting in absence of chief and assistant chief, 632. Draftsmen, 614. Procurement of stores, etc., bureau for another, 6772a. Provisions and clothing, 622. Changed to Bureau of Supplies and Accounts, 623. Chief clerk, '614. Rank of retired officers, 2546. Scientific instruments, loan weather service, 643. - Steam Engineering, 622. Appropriations, report of expendi- tures from, 649. - Assistant to chief, duties, 636. Pay, 636. Chief clerk, 614. Chief, eligibility, 635. Absence, assistant to act, 636. Detail of navy officer as assistant to chief, 636. Draftsmen, 614. Employés, salaries, 614. Supplies and accounts, 623. Aºnce of chief, assistant to act, 38 - duties, by one of to Accounts and report thereof to Congress, 626, 627, 6773. Approjriations, expenditures, 649. Assistant to chief, duties, pay, etc., 638, 639. Chief of Bureau, appointment, 637. Chief clerk, salary, 614. Civilian assistant to chief duties, salary, 640. Pººl of officers to assist chief, Name changed to bureau of sup- plies and accounts, 623. NAVY DEPARTMENT (Cont'd) Bureaus (Cont'd) Supplies and accounts (Cont'd) Naval Academy storekeeper's ac- Counts, recommendations to bureau by inspector of Pay Corps, 2751. - Storekeeper's returns of prop- erty to, 2749, 2750. Payment of witness fees in naval courts, 3037. - - - Pº on Sales of naval supplies, Property accounts, 626. Reports, 626, 627, 6773. Yards and docks, 632. Appropriations, expenditures, 649. Assistant to chief, 642a. Chief clerk, 614. Chief of bureau, 629, 630. Consolidation of power plants at navy yards under, 2801. Detail of officers from corps of civ- il engineers, 642a. Draftsmen, 614. - Chief of naval operations, 621a. Acting in absence of secretary and as- Sistant Secretary of navy, 621b. Allowances, 62.1aa, Appendix p. 1744. Rank, title, pay and duties, 621c. Clerks and employés in, 614, 615, 615a. Duties, 2794. Leaves of absence, 2794, 2797a. Number, 2794. - Pay, 2794. - Coast and Geodetic Survey, transfer to in time of national emergency, 8562a- 8562f. * . Commissions, officers in department, issue and recording, 3250. Commission to investigate establishment and discontinuance of naval stations, bases, etc., 2804b-2804e. - - Consulting board of naval militia, ap- pointment, etc., 3078a (30). - Contingent expenses not to be paid from appropriation for Navy Department, 655. Custody of books, etc., of, 617. Docuºis allotted to, Official Register, Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Draftsmen, payment of, 6.15a. Employment of civilians to be paid out of #propriations, for new ships unlawful, TEstablishment of, 610. Estimates of expenses, 653, 6675, 6705. Experimental and research laboratory, re- ports of expenditures, 652a. - Flags captured by navy, 644-646. - General board, location of site for fac- tory for manufacture of armor, 2779a. Hydrographic Office, 656–660. Charts, etc., distribution and sale, 7147. Detail of naval officers, 657a. Disposal of moneys from sale of maps, charts, etc., 660. - Maps, etc., prepared at, 656-660, 7147. Publications, printing, 7163. Ilands, leases, 647a. Lighthouse service, transfer of vessel, equipment, etc., during national emer- gency, 8459a. - Medal of honor roll, 1941a–1941e. Medical department, officers and men serving with marines attached for serv- ice with army subject to articles of War, 2948a. Naval aeronautics’ office, appointment. to advisory committee for aeronautics, 3115i. Naval observatory, 661-664. Pay of officer in charge, 661. Naval supply account created, 6761. Naval Supply Fund abolished, 6762. Payment of prize money, 8418. - Prisoners, insane, admission to insane hos- pital, 9301a. - Property, custody of, 617. Records, custody of, 617, 618. Rent of building for, 6933. Reports of expenditures, 393. - Experimental and research laboratory, 652a. Pay of drafting, technical and in- spection force, 6.15a. - Revenue cutters, expenses defrayed by, Yººn co-operating with navy, 8459%b 44 Rewards to civilian employés, 655a, Aps pendix p. 1744. GENERAL INDEX - Storekeepers for, NAVY DEPARTMENT (Cont'd) Secretary of pavy, 610-655. Head of department, 610. - Site for naval radio station transferred to, 2804a. Summary courts-martial transmitted to, 3002. Transcript of books, etc., of treasury, ev- idence and proofs in suits, involving ac- counts of, 1498. Vessels, equipment, etc., Service transferred to, tional emergency, 8459a. Transfer to United States Shipping Board, 8146cc. Vessels of fish commission on Same foot- ing as vessels of Coast and Geodetic Survey, 907. - NAVY PERSONNET, ACT See Navy. - Text of act, 2476-2482, 2550, 2556, 2557, 2564, 2576, 2636, 2641, 2658, 2666, 2667, 2671, 2674, 2688, 2708, 2807, 2818, 2861, 2901, 2903, 2905, 2906, 2908, 8396. - proceedings of lighthouse during na- NAVY REORGANIZATION ACT See Navy and cross-references there- ºn der. Text of act, 621a, 621b, 2471a, 2537a-2537e, 2551a, 2580a, 2606a, 2637a, 2659a, 2715a, 2789, 2823, 2870b, 2887a, 29.18a, 2929a, 3115i, 3115 j, 6762c, 6762d, 8986a. NAVY YARDS AND STATIONS Abolition by commission, 2804e. Additional yard or station on Pacific Coast, 2804b, w Alien enemies not to approach within one-half mile of, 7615. Appointment of disbursing agents at for- eign Stations, 28.12. Appraised value of stores, equipment and supplies turned in from, to be credit- ed to current appropriations, 6762a. Aviation bases, commission to investigate, 2804d. Boston Navy Yard, rope walk continued, 2803. Building of vessels in, 2804f. Civil engineers for, 2563. Civilian employés in insular possessions, pay, etc., 2797. - Civilian employés, leave of absence, 27.97a. Civil Offices may be discontinued, 2569. Clerical, drafting, inspection, and mes- senger force, pay, leaves of absence, etc., 2794-2796. Coast Guard cutters, 8459% a.(11). Commandant, 2790. - Authority to administer oaths, 3037. Convene court-martial, 3006, 3006b. Order deck court, 2987. - Commission to investigate advisability of additional yards, etc., 2804b-2804e. Cuba, 7679. - Detail of line officers for duty, 2791. IEnlisted men on battleships docked, du- ties, 2800. Equipment with machinery, , etc., 2804ff. Hospital and ambulance service by hospi- tal corps, 2515. - Increase of force before election forbid- den, 2799. - Laborers, 2793. Leaves of absence, 3248. - Marine officers not to command, 2944. Master workmen, 2792. Naval constructors, duty, 2552. Obtaining, communicating, etc., unlawful information respecting national defense, 102.12a, 102.12b. Overhead charges to be charged against appropriations for support of naval es- tablishment, 6762b. Political contributions forbidden, 10289 - Power plants, reau of Yards and Docks, Purchase of fuel for, 6879. construction at, consolidation under Bu- 2801. Purchase of land for, opinion as to title and consent of State Legislature, 6902. Report concerning performance of work at, 624. Sales of stores to civilian employés at certain stations, 2810. Selective draft of artificers and Workmen, 2044d - 2563. Pay, 2853 - Submarine base, gate, 2804d. Training stations, establishment, 2584– 2798, commission to investi- | IPage 2222I NAVY YARDS AND STATIONS (Cont'd) Useless papers to be disposed of, 2789. Washington Navy Yard, as manufactur- ing’ yard, 2803. - Model tank, experiments, 2804. Young Men’s Christian Association build- ings, heat and light, 2802. NEBRASKA - Deputy district clerks, 1079. District clerks, 1079. District court terms, 1079. District judges, 968. Field notes, maps, etc., of surveyors de- livered to, 4455. Judicial districts, 1079. Limitation of homestead entries within certain boundaries, 4576-4578. Marshals, 1440. Reclamation of arid lands by United States, 4700-4708. - Surveyor-general, office abolished, 4455. Swamp-lands, not included in grants to States, 4958. NIECESSATRIES See Conservation of Food and Neces- Saries. Conservation, distribution, requisitioning, price fixing, etc., 31.15%a-31.15%rr. NEEDLES - - Customs duties on, 52910135). NE EXIEAT Writs, grant of, 1238. NEGLECTS Army, punishment, 2308a, art. 96. Duty and orders in navy, punishment, 2965(14-20). - Naval orders, punishment, 2969(9). NEGLIGENCE Carriers’ liability for injuries, employés, 8612, 8621, 8657–8665. Consuls in foreign countries, consular courts, 7655. Contributory negligence, postal employés, payments to legal representative for death; not to be made in case of, 7246b. Convoy service in navy, punishment, 2969(12). Criminal responsibility for loss of life On vessels, 10455. Liability of vessel owner, etc., for neg- ligently allowing alien passengers to land, 4267. Masters and owners of steam vessels, 8269. Ministers in certain foreign countries, acting as consular courts, 7655. Stranding of naval vessels, punishment, 2969(11). - NEGOTHABLE INSTRUMENTS See Bills and Notes. NEGROES See Freedmen. Agricultural colleges, 8871-8877. Equal rights in inns, conveyances, thea- ters, etc., 3926–3930. Freedmen’s hospital, continued, 3974. Contracts for care and treatment of acting as persons from District of Columbia, 3977. - Deceased patients, unclaimed moneys deposited in treasury, 3978a. º Direction of Secretary of Interior, 3975. - Estimates for expenses and mainte- nance, 3978. Supervision of expenditures, commiſs- sioners in District of Columbia, 3976. Homestead entries, 4591. º Howard University, report of expendi- tures of appropriations, 3979. Jurors, not disqualified as, 3929. Not excluded from service as juror, 1255. Naturalization of, 4358. Right to vote, 3966. - - Soldiers, sailors and marines, regiment, 1723. - Enrolled as slaves to have pension, 9025. - Infantry regiment, 1740. - Payment of claims for bounty, etc., 3969. Bounty fund, treasury, 3972. Made permanent, 3967. Mode of payment, 3970. . Wife and children, determination of relation, 3973. - Pensions, colored soldiers enrolled as slaves to be entitled to, 9025. cavalry disposition into [References are to sections, except where otherwise indicated.] NEGROES (Cont'd) Soldiers (Cont'd) Pensions (Cont'd) Evidence of marriage under pen- Sion laws, 8988. Suffrage, abridging because of race, col- Or, or previous condition of servitude prohibited (Const, am. 15, § 1). Territorial elective franchise not denied On account of, 3449. | Witnesses in Court of Claims, 1177. NELSON ACT See Alaska , Bankruptcy Department of Coºnºmerce ; Department of La- bor; Error, Writ of. Alaska Roads, Schools and Insane, 3592, 3594, 3603-3607, 3610. N- Bankruptcy Act of 1898, 991(19), 1122, 1229, 9585–9656. - Criminal Appeals Act, 1704. Department of Commerce and Labor, 292. 421, 853, 854, 856-861, 867, 875. - NELSON AMIENDMENT See Agricultural Colleges. Agricultural Colleges, 8877. NET INCOME See Income taº. NIEUTER GENE)]ER. Included in masculine, 10511. NEUTRALITY Accepting foreign commission to serve against friendly power, punishment, 101.73. - - * vessels against friendly power, Augmenting force of foreign armed ves- sel, 10176. * Bonds from armed vessels on clearing, 10180. - Compelling foreign vessels to depart, 10179, 10182i, 10514a–105146. Construction of chapter, 10182. Detention of vessels, armed vessels, 10182c, 10182i, 10514a–105.14d. By collectors of customs, 10181. Foreign vessels, 10179, 10182b, 10182i, 10514a–105.14d. Enforcement by courts, land or naval forces, 10178. Enforcement by ministers of United States in certain foreign countries, 7640. Enlistment in foreign service, 10174. employment of Internment, interned persons leaving ju- risdiction, arrest, 10182h, 10.514a– 105.14d. Jurisdiction of offenses, 10514b. Partial invalidity of act, 105.14d. Prosecutions under prior laws, 105.14c. United States defined, 10.514a. Organizing military expedition against friendly power, 10177, 10182i, 10514a– 105.14d. - Piracy, prosecution not affected, 10182. Possession or control of property and pa- pers in aid of foreign government de- signed or intended for violating pen- alty statutes, etc., of United States, 102.12i, 10514a–105.14d. - Search warrants, 10496%a-1049634v. Sending out armed vessel with intent to deliver to belligerent nation, 10182d, 10182i, 10514a–105.14d. Transient aliens, 10182. Treason, prosecutions not affected, 10182. Unlawful taking of vessel out of port, 10182g, 10182i, 10514a–105.14d. - Withholding clearance to vessels, author- ity, 10182b. - Enforcement of provisions, 10182i. Forbidding departure, 10182ſ. Jurisdiction of offenses, 10514b. Partial invalidity of act, 105.14d. Prosecutions under prior laws, 105.14c. Repeal provision, 10182a. Statement from master of vessel that cargo will not be delivered to other = vessel, etc., 101826. United States defined, 10514a. NEWADA - Abandoned military reservations, entry under homestead and desert land laws, 5007, 5007a. - Appropriation for payment of percentage of proceeds of public lands in, 6799 (42). Arid lands, grant to, of additional arid lands for reclamation, 4691. Rºgmation by United States, 4700- 708. Desert lands, sale, 4676. District attorney, double fees, 1403. Salary, 1447. GENEHAL, INDEX [Page 2223] [References are to sections, except where otherwise indicated.] NH3'WADA (Cont'd) District clerks, 1405. District court, terms, 1080. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Judicial districts, 1080. Jurors, fees and mileage, 1453. Marshals, double fees, 1403. Registers and receivers, fees and commis- sions, 4473. Surveyor-general for, 4435, 4440. Salary, 4440. t Swamp lands, not included in grant to States, 4958. Timber, mineral lands, cutting for cer- tain purposes, 4989. Public lands, cutting for certain pur- poses, 4992. Variation from rectangular mode of Sur- vey in, when allowed, 4820. Witnesses, fees and mileage, 1453. NEW FOUNDLAND Vessels from, lading and unlading, 5841. NEW HAMPSHIRE District court terms, 1081. Judicial districts, 1081. NEW JERSEY Deputy district clerks, 1082. Deputy marshals, 1082. District attorney, salary, 1447. District clerks, 1082. E)istrict court terms, 1082. District judges, 968. Additional judge, 968g. Improvement of sea coast, channels, etc., authorized, conditions, 9907. Reservation of amendment of appeal, etc., Judicial districts, 1082. Marshals, 1082. Permit for land-transportation of foreign merchandise across, 8115, 8116. NEWHLANDS ACT See Irrigation. Irrigation, 4700-4708. NEW MEXICO Arid lands, reclamation by United States, 4700–4708. - Carey Act extended to, 4690. Desert lands, sale, 4676. District attorney, 1083. District clerks, 1083. District court terms, 1083. District judge, 1083. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Indian reservations, 39.79%. Judicial districts, 1083. Jurors, fees and mileage, 1453. Marshal, 1083. - Peonage in, abolished and prohibited, 3944, 3945. Persons in military or civil service to ; in enforcement of abolishment, Registers and receivers, fees and com- missions, 4473. Representatives in Congress, number, 16. School lands, provisions for selections to jºy deficiencies made applicable to, Supreme court, appeals and writs of er– ror from Supreme Court of United States, 1222. Surveyor-general for, 4435, 4440. Salary, 4440. Timber, mineral lands, cutting for certain purposes, 4989. Public lands, cutting for certain pur- ... poses, 4992. Witnesses, fees and mileage, 1453. NEW ORLEANS Assistant treasurer at, 6584, 6586, 6598. Commissioner of immigration at, 4283. Port at which Chinese may enter, 4308. NEWS AGENTS Contract for delivery of papers, etc., by mail-route agents, 7340. Postage on papers and periodicals sent by others than, 7361. Postage on second class matter mailed by, 7358. NEWSPAPERS See Postage. Advertisement of lotteries, etc., unmail- able, 10383. Affidavits of publishers, 7311, Allowance to member of Congress for, 45. Carrying, out of mail, by contractors or mail carriers, 7339. Congressional record to be furnished to, etc., NEWSPAPERS (Cont'd) Correspondents to receive congressional record, 7124. Delivered by route-agents, 7340. Detaining or destroying by postmasters, etc., 10366. Expenditures for, by executive depart- ments, limitation on amounts, 273. Restricted, 3263. Foreign languages, regulations, 31.15%j. Mailing without prepayment of postage, penalty, 7311. - Mail, not to be conveyed by unless dry and wrapped, 7337. - Return to publishers, when uncalled for, 7423. Nonmailable, advertisement of intoxicat- ing liquors intended for prohibition states, 10387a-10387e. Violation of Espionage Act, 10401a- 10401d. Notice to be given of refusal to take, 7338. Paid editorials and reading matter to be marked “advertisement,” 7314. Postage, 7356, 7357. Papérs delivered at free-delivery of— fices, 7360, 7360a. § g Papers sent by others than publisher or news agent, 7361, 7361a. Printer’s fees, 1459, 1460. Publication of advertisements, amendments to Constitution, Change of name of vessel, 7764. District of Columbia, number, rate of compensation, etc., 7182, 7186. Information, 862. Laws, 112. When to cease, 112. List of non-delivered letters, 7413. Addressed to foreigners, 74.14. Compensation for, 7416. Mail lettings in Maryland, Vir- ginia and District of Columbia, T183. Notices, bankruptcy proceedings, 96.12. Establishment of quarantine sta- tion published in, 9169. Proclamations, 7184. etc., in, 303. Rate for, to be ascertained from sworn statements of proprietors, etc., 7.185. *. Stationery for Congress, 91. Treaties, 7184. Second class mail matter, 7304. Foreign papers, 7307. e Stamped wrappers for, to be provided, 7389. Sale, price, 7400. Stamps, discontinuance, 7359. Sworn statement of circulation, 73.13. , . sworn statements of names, etc., of edi- tors, owners, etc., 7313. Transient and third class mail matter, 73.15. NEW TERMARL Bill of exceptions, 1590. Consular Courts, 7641. Court of Claims, 1165, 1166. Former judgment rendered void, on grant of, 1633. * Power to grant, 1246. Stay of execution, by circuit court, to give time for petition for, 1633. NEW YEAR’S DAY See, also, Holidays. Holiday within act authorizing compensa- tory time to post office clerks and let- ter Garriers, 7239a. Seamen not required to do unnecessary work, 8363b. NEW YORK Bankruptcy, terms of court for hearing, 1084 Consent to obstruction by city of NeW York of navigation of rivers, etc., with- in city limits, 9939, 9940. District attorneys, northern and Western districts, 1357. Southern district, assistant’s travel- ing expenses, 1442. Clerks and messengers, 1439. Provisions relating to fees not ap- plicable to, 1431. Salaries, 1436. Traveling expenses, 1442. District court terms, 1084. District judges, eastern district, 968. Performancé of duties, in other dis- trict, 1084. Southern district, 968. Judicial districts, 1084. . . Marshals, northern and western districts, 1357. - NEW YORK (Cont'd) Port at which Chinese may enter, 4308. Process, 1084. Admiralty causes, 1084. Residence of district clerks, district at- torneys and marshals, 1332. Wºº. yº HARBOR * mbrose Channel, regulati sº tion, 9932. gulations for naviga Anchorage buoys, maintenance by light- house board, 8440. Anchorage regulations, 99.47. Extension to certain other waters, 9949. Penalty for violation, 9948. Appropriations may be expended for maintenance, 9889a. Bribery of officers, penalty, 9935. Depositing refuse prohibited, 9933. Arrest of vessel owners, etc., 9.935. Designation of dumping grounds, permits, etc., 9935. Pºsition of dredged matter, penalty, Dumping material in violation of permit punishable, 9935. Fishing, etc., for shell fish in channels prohibited, 9941. Inspectors and deputies, appointment, powers and duties, 9935. Scows, etc., for dumping refuse, life sav- ing provisions, 9935, 9936. N; etc., to be painted on, 9935, tº Q, superºr. appointment of inspectors, Arrest of fishers, etc., for shell fish in channels, 9941. - Designation, pay, duties, 9938. Duty e to enforce prohibition against V #sº channels, 9941. eSSel maSters, etc., depositing refu penalty, 9934. p - g refuse, NEXT of KIN cºights. right of action for benefit of, NIAGARA RIVER, Permºor diversion of waters, 9989h, 1. 9989.j, Appendix p. 1799. NICARAGUA CANAL Minister to, 3128. NICKEL CODNS g Authority of Congress, coin regulating Value (Const. art. 1, § 8, cl. 5). Counterfeiting dies for United States Coins, 10339. Denomination and alloy of, 6458. Deviations allowed in, 6504. Inscriptions on, 6461. Mºs or uttering devices of minor coins, Redemption, 6495. Three cent pieces discontinued, withdraw- all and recoinage, 6449, 6450. NIGHT 3. Work in government printing office, see Government Printing Office. NINE HOUR LAW See Hours of Labor. Railroads, 8677–8680. NITRATE OF SODA Acquisition, etc., 31.15%r. Disposition of proceeds of sale of, 31.15%rr. Sale etc., 31.15%r. NITRATE PLANTS Acquisition of sites for, 6911a. Appropriations, 3110b. Fertilizers, manufacture of, 3110b. Improvement of navigation, locks, for purpose of, 3110b. Manufacture of products for munitions, by United States, etc., 110b. Operated solely by Government, 3110b. Panama Canal bond proceeds to be used for, 6829b. Patented processes, condemnation, 3110b. President to cause investigation as to, 31.10b. Sites, 3110b. Condemnation, gift, etc., 3110b. NITRIC ACID, NITROGLYCERINE, NITROLEUM, ETC. Packing and marking for shipment, 8017. On steam vessels, penalties, 8245–8246. Passenger vessels or vehicles prohibited from carrying nitroglycerine, 8005, 8016, 8242, 10404. State regulation of traffic and transporta- tion of, not prevented, 8018. GENERAL INDEX. NITRIC ACID, NITROGLYCERINE, NI- TROLEUM, ETC. (Cont'd) - Steam passenger vessels not to carry ni- tric acid except on certain portions of vessel, 8242. NOBILITY Renunciation of orders of on naturaliza- tion, .4352(5). - - - Titles of, prohibition (Const. art. 1, § - 10, cl. 1). - . Philippines, 3810. Porto Rico, 3803a.a. NODAWAY RIVER, Missouri, non navigable, 9852. NOLLE PROSEQUI - Pºutions under internal-revenue laws, 953. - NOMINAL DAMAGES See Daºrtages. . NOMINAL PARTIES See PC.7°ties. NOMINATIONS Officers, list of, by senate secretary, 3255. YPatent-Office officers, clerks, and em- ployés, 736. NON COMPOS Insane person includes, 1. NON-JOINDER Costs allowed in only one of several ac- tions, , etc., against persons, who might. have been joined, 1618. Costs allowed on several libels against vessel and cargo which might have been joined, 1619. --- NONRESIDENCE t Removal of causes, 1010. ... NON-RESHDENTS Defaulting postmasters, contractors, etc., publication of attachment, 1555. Notice of proceedings to restore lost rec- ords, 1516. . - Return of taxable property owned by nonresident for purpose of assessment of internal revenue tax, 5902, 5903. NONUSER * - 2ipe lines in Arkansas, forfeiture, 4956. XORMAL IN COME TAX See Income Taac. NOTHMAIL TRAINING SCHOOLS tººls. use of military barracks, etc., NORTH CAROLINA - Deputy district clerks, 1085. District clerks, 1085. Qistrict court, terms, 1085, 1085a. Fish commissioner, co-operation with in Survey of waters in which use of fishing Supplies is prohibited, 8549, 8550. Judicial districts, 1085. - Permanent appropriation to pay interest to Cherokees of, 6799 (47). Transcript of new books of, for western district, to have force of originals, 1511. NORTH CAROLINA NATIONAL RE- SERVE Donations of land for park purposes, near Or adjacent to, 5249 v. NORTH DAKOTA Arid lands, 4700–4708. . Congressional consent to agreements with Minnesota, and South Dakota, regarding navigation and flood control, 9.908a. Desert lands, sale, 4676. District attorney, 1358. Powers, duties, fees, 1359. District clerks, 1086, 1359. T}eputies, 1086. - District court terms, 1086. District judges, 1358. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Exchange of lands, use for agricultural experiment station, 4529a. : - Indian reservations included in divisions of districts, 1086. Judicial districts, 1086, 1358. Marshals, 1358. Powers, duties, fees, etc., 1359. Public lands, preference right of selec- tion, 4877. . . . * - Survey of lands granted to, 4876. Reclamation of arid ... lands by United States, 4700-4708. . . . . Surveyor general, appointment, 4437. "Timber, cutting for certain purposes on public lands, 4992. Mineral lands, cutting for certain pur- poses, 4989. * . . . . . etc., [Page 2224] NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS Collectors of customs, accounts, 5384. Enrolled and licensed vessels exempt from entry and tonnage taxes, 5490. Enrollment of vessels navigating Waters on, 8064. Fº of merchandise into districts of, Equipment of vessels, duties, 5826, 5827. | Fees collectible from vessels navigating Waters of, 8136-8139. Licen; of vessels navigating Waters On, 064. Renewal, 8076, 8077. - Masters of vessels, departing from One district to place in another where there is no custom-house, gºirest and obtain clearance, 5830, Discharging cargo at intermediate ports, 5829, 5831. - Except canal-boats licensed to engage in trade on, to present duplicate manifests, 5828, 5831. - Loading at ports of, to report certain Seastores purchased, and pay duties when due, 5823-5825. Merchandise laden at ports in foreign ves- Sels to be reshipped to evade trariSpor- tation laws to be forfeited, 5822. Penalty for neglect by masters of vessels engaged in coasting-trade on, to com- ply with laws, 5837. Pierheads on northern and northwestern lakes, belonging to United States, to be marked by Light-House Board, 8453. Remission of fines, penalties and forfei- tures incurred upon, 10.131. Report of masters of foreign vessels ar- riving in waters adjacent to United States, 5810. Secretary of Treasury to prescribe forms of manifests, clearances, and oaths for vessels in coasting—trade On, 5836. Steam tug, report and clearance, 5835. Tºse taxes, enrolled vessels exempt, Transportation of imports from, to ports for exportation, 5756. TJnlading of vessels, time and regulations, 5832 Vessels from, report and unlading, 5821. Vessels or vehicles used for importations across, 5808. Vessels to present duplicate manifest, 5828, 5831. NORTHERN PACIFIC RAILROAD Land grants in lieu of lands in Mount Rainier National Park and Pacific For- est Reserve, 5225. NORTH GERMAN LLOYD DOCK COM- PANY : Acquisition of docks, etc., of, 3115 jj. NORTHWEST TERRITORIAL GOV- fºr NMENT—1787 Ordinance, pp. 6-8. NOTARIES PUBLIC Affidavits of citizenship under mineral land laws, authority to take, 4617. Alaska, 3560, 3579–3586. Authority to administer Oaths and take acknowledgments, 3259. Deeds, etc., in Porto Rico, 3803x. Oath of adverse claimant to mining || claim, 4624. • Oaths to persons prosecuting claims before departments, 6386. - Consular officers and secretaries of lega- tion may act as, 3211. Consular officers to perform functions of, 3185. - - Lepositions before, 1472, 1475. Proceedings before registers and re- ceivers, 4502. - Protest of national bank notes, 9813. Subpoenas, issue in contested elections of #mbers of House of Representatives, 167. - NOTES - See Bills and Notes ; Circulating Notes ; Federal Reserve Banks : Postal Notes ; Treasury Notes, U 17.7ted States Notes. Circulating notes of national banks, see National Banks. - Federal controlled transportation systerhs, 31.15%g. - - Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. to file [References are to sections. except where otherwise indicated.] NGTES (Cont'd) ' - Panama Railroad Company to United States, payment not required, 10053. “Securities” includes, 31.15%pp. Shipper of, to notify carrier, 8019. NOTHCES - See Pºwblication. Abrogation of treaties, arrest and impris- onment of deserting Seamen, 8382a–8382c. Acceptance of proposals for stationery for Congress, 93. Action of enemy or ally of enemy against licensees of patents, trademarks or Copyrights, 31.15% ee(f). - Agºrated or misbranded food or drugs, Alien OWners of lands in territories, 3494. Alien property custodian, before entry of #ºnt in infringement Suits, 31.15% ee , 8). - Appeal, prize case, 8413. To Supreme Court, 1000. Applications, patent for coal lands Alaska, 5072. Patent for mineral lands, 4622. Purchase lands in Alaska, 5091. Purchase timber and stone lands, pub- lication, 4673. t Restoration of records lost or destroy- ed, 1514, 1516. - - Survey of lands granted to certain States, 4876. - - Apprehension and detention of insane per- Sons in District of Columbia, 9334. Arbitration between carrier and employés, 8671(2-4). - Arbitrators, of appointment, etc., 8671(2). Assessment of income tax on corporations, 6336n [a]. Attorney general, appointment of United States commissioners, 1333. Habeas corpus proceedings, 1290. Auditor for Post Office Department, as- signment of contracts, 7453. Bonds, delinquencies, of officers, 3291. By brewer, 6.139. $ Cancellation certificate of naturalization, land entries, fees of registers and re- ceivers, 4480. - Cancellation of licenses for use of pat- ents, trade-marks or copyrights for ene- my or ally of enemy, 31.15%ee(e). Carrier, on transfer of straight bill of lading, 8604pp. Change in arrival and departure of mail, 720.1 in Changes in Panama Canal tolls, 10041. Citation on Writ of error, 1658, 1659. Civil service, appointment of employés, 32.72. Claims, against carrier, limitation of Iia- bility, 8604a. For injuries to goods shipped, 8604a. Property transferred to alien proper- ty custodian, 31.15%.e. Classified civil service charges against officers, 3287. - - Collector of customs to give to claimant of lien upon imported merchandise in Warehouse, 5667. - : Common carriers to designate agent in city of Washington for service of, 8600. Competitive bidding for privilege at im- migrant stations, 4289%pp. Condemnation of land in District of Co- lumbia, 6914. - - Congressmen, of documents assigned to for distribution, 7050. - Consignee of delivery of Samples of im– ported food or drugs to Secretary of Agriculture, 8727. Contest of homestead claim, publication, 4541. Contracts for printing for Quartermaster’s Department, 6856. - Co-owners of mining claims for contribu- tion, 4620. - Copyright, effect of accidental omission, 9541. - Form of, 9539. Place of application, 9540. Credigº by receiver of national bank, Of bankrupt, 9642. Pºnds for report of tobacco statistics, 23. Depositions, bankruptcy proceedings, 93.05. Contest of election of members of IIouse of Representatives, 165, 182. De bene esse, 1472. - Naturalization proceedings, 4352(7), - * GENERAL INDEX [Page 22251 ſReferences are to sections, except where otherwise indicated.] NOTICES (Cont'd) Depositions (Cont'd) Proceedings before Interstate Com- merce Commission, 8576. Proceedings by registers and receivers, 4502, 4503. Destruction of vessels, 8095c. Discovery of Guano Islands, 3917, 3918. Dissolution of national bank, 9808. - Distiller, failure to maintain the required capacity, 6091. Rºption of Work after suspension, 6092. District attorney, application of poor con- vict for discharge from imprisonment to enforce payment of fine, 1706. Election of mode of final proof of home- stead entries, 4532, 4533. H\lection of officers of Columbia. Institu- tion for Deaf and Dumb, 9344 Execution of warrant of attachment against property of delinquent and ab- sconding debtors and non-residents, 1555, 6 Flixtraordinary sessions of Congress, 219. Federal Tradle Commission, enforcement of orders by court, 8836e. Hearings, 8836e. f{abeas corpus to attorney general, 1290. Hearing by, Federal Reserve Board in proceedings to enforce Clayton Act, 8835.j. - Federal trade commission, 8836e. Interstate Commerce Commission in proceedings to enforce Clayton Act, 8835.j. immigration laws, by agents of steamship connpanies, etc., 4257 ſucome tax, amount due, time for, 6336i [a]. - To show cause why return should not be increased, 6336r. Infringement of patents, general issue, 9466. Injunction against enforcement, etc., state laws, application for, 1243. Injury to government employé, Employés’ Compensation Act, 8932.h, 8932hh, 8932i. Intention, to carry on business of distiller or rectifier, 5995. Chººse term of contract to carry mail, 7443 defenses under Of Contest election, of member of House of Representatives, 161, 183. Make final proof of homestead entry, 4538c, 4539. Reduce capacity of distillery, 6093. Interlocutory injunction, suspending, etc., orders of Interstate Commerce Commis- sion, hearing on application for, 998. Internal revenue, cigar boxes, 6203. Estate tax, 63.36%f, 63.36%h. Exportation of spirits withdrawn from bond without payment of tax, 6126. Intention to reduce capacity of dis- tillery, 6093. Munitions tax, 6336%g. Packages, of adulterated butter, 6236. Filled cheese, 6247. Mixed flour, 6261. . After breaking original pack- age, 6262. Oleomargarine, 6219. White phosphorus matches, 6282. Removal of domestic wines to bonded premises, 6114a. - Use of wine spirits to fortify pure sweet wines, 6111. Interstate Commerce Commission, hearing or determination of the propriety of new rates, etc., 8583. Prescribing forms of, 8586. Service or posting of, 8600. Judgment as to a diulterated or misbranded insecticides or fungicides, 8768. Judgment as to adulteration of food or drugs, 8720. Leave of absence to entrymen, 4532c. Lien of internal revenue tax to be filed, Manufacturers of, smoking opium, 6287b. Still, of manufacture, 6003. Mariners from Hydrographic office, print- ing of, 7163. Miners’ lien in Alaska, 5060. Mining claimant in contested cases, proof of, required, 4643. Rate for publication of, 4642. Mining claims in Alaska, location of coal lands, filing, 5071. . Location, recording, 5049. Miners’ regulations for recording, 5050. COMP.ST.’18–140 - NOTICES (Cont'd) Naturalization, filing petition, 4352(6). Proceedings to cancel certificate, 4374. Nondelivery, second, third and fourth Class mail matter, 7348-7350. OWners of bridges obstructing navigation to be notified to remedy defect, 9964. Pensions, reduction of, 9099. Suspension of payment, etc., 9050. Physical valuation of property of common carriers, by Interstate Commerce Com- mission completion of tentative valua- tion, 8591. Prize sale, 8407. Proceedings to acquire property for hous- ing of war-industry employés, 31.15%a. Production of books and writings, ac- tions at law, 1469. Customs cases, 5799. Proposals, for carrying mail, 7425. For contracts for transportation of moneys, bullion, coin, etc., 6841. Fºurchase of goods for Indians, For stationery for Congress, accept- ance, Publication in District of Columbia of notices, required to be published in District of Columbia, Maryland and Virginia, 7182. Not to be made without written au- thority, 7187. Printer’s fees, 1459, 1460. Public lands in Minnesota, 4976. Purchases, goods for Indians, 4038. Supplies for Indian service, etc., 4040. Supplies for Quartermasters and Commissary Department, 6846. Supplies for Soldiers’ Home, 9234. Qºntine against plant diseases, etc., Quarantine of live stock, 8701. Rate of payment for publication of, 7.185. Rectifier of intention to rectify distilled spirits, 5996. Registered trade-marks, 9514. Removal of causes, 1011. Removal of customs officers from port in case of epidemic, 9179. Removal of obstructions to navigation by Secretary of War, 99.24, 9925. Renting of buildings in District of Co- lumbia, for Government purposes un- lawful without appropriation, presump- tive notice of act, 6930 Fºrs to be made by steam vessels, Restoration of mineral lands in national forest, domain, 5133. Revocation, etc., of orders in proceedings for civil relief of soldiers and sailors, 30.78%rr. Revocation of appointment of deputy col- lector of internal revenue, 5849. Sale, abandoned military reservation | lands, 5004. Bank stock on failure to pay install- ment, 8. - Building, etc., on abandoned military reservations, 5005. Isolated tracts, 51.10. Lands acquired by United States by devise, 6948. Lands acquired under acts, 4746. Perishable property seized under cus- toms laws, 5783. Real estate for nonpayment of inter- nal revenue tax, 5919. Real estate of delinquent collector of internal revenue, 5941. Real estate under decrees, etc., 1642. Timber on national forests, 5127. Town-site lots, 4786. Town sites in Oklahoma, 5039. Under distress warrant against delin- quent collectors, etc., 6629. Vessels or other property after con- demnation for violation of laws re- lating to customs, 1565, 5780. Secretary of treasury, appointments of officers, 3254. Seizures and sales, goods for forfeiture under internal-revenue laws, of val- ue of $500 or less, par. 4, 6362. Vessels, etc., forfeitures under cus- toms laws, 1549, 5778. Vessels in domestic trade for viola- tions of law, 8134. Selections of lands by California, 4879. Sending of public documents, 7095. State irrigation districts including public lands, delivery to register and receiver, 4695g. NOTICES (Cont'd) Suits, on bonds of contractors for public buildings or works, 6923. * - - - Sureties. on bonds of Postmasters of de- ficiencies in accounts, 7.194. Suspension of work by distiller, 6092. Suspension or modification of orders of Interstate Commerce Commission, 8584. Taking testimony, private claims pend- ing before Congress, 6409. Tax-payers by collector of internal reve- nue, 5906, 5907. Terms of court, southern district of Tex- as, 1097. Western district of Texas, 1099. Tobacco packages, 6171, 6172. Transfer of proceedings to enforce Clay- gºt tº Circuit Court of Appeals, Tº. in civil actions by either party, United Shipping Board, lease, sale, etc., of vessels, 8146f. w tºe Condition of mine in territories, ÖU3). - Vacation of state of proceedings against enforcement of state laws, 1243. Vessels purchased, leased, etc., from United States Shipping Board, taking by United States, 8146ee. Wines, subject to internal revenue tax, 6110bſb]. Withdrawal of bid for carrying mail, 7432. N4OVA SCOTHA. Vessels from, lading and unlading, 5841. NYUHSANCE Liquor nuisance, Alaska, 3643k-364311. District of Columbia, 342.1%h. NUMBER Words in singular number include the plural, and the plural the singular, 31.15% co, 31.15%p, 342.1%r, 3643gq, 10511. NUMBERING Certain undocumented vessels, 8095a-8095f. NUMISMATIC BOOKS Illustrations of coins for, 10341. NURSE CORPS Army, allowances. 1832g, Appendix p. 748. Appointment, 1831. 1832d, Appendix p. 1748. Assistant directors of nursing serv- ice, 1832b, Appendix p. 1748. Assistant superintendent, 1832b, Ap- pendix p. 1748. . Burial in national cemeteries, 9373. Chief nurses, 1832b, Appendix p. 1748. Civil relief to members, 3078%a- 3078%.S.S. Commutation of quarters, 21.18a, 21.18%). 21.18aa, Appendix p. 1758. Composition, 1831. 1832b, Appendix p. 1748. Directors of nurse service, 1832b, Ap- pendix p. 1748. Leaves of absence, 1832, 2110. 1832f, Appendix p. 1748; pendix p. 1758. Medical department, 1831, 1832. Part of, 1806. Nurses, 1832b, Appendix p. 1748. Pay and allowances, 1831, 1832. 1832e, Appendix. p. 1748. Pensions, 9070. -- - Removal of members, 1832d, Appendix p. 1748. Repeal of sections 1831, 1832, Appendix p. 1748. Reserve nurses, 1832b, Appendix p. 1748. 2110, Ap- Rules and regulations for, 1832c, Ap- pendix p. 1748. Superintendent, pay and allowances, 1832, 1832a, 2110. 2110, Appendix p. 1758. Qualifications, 1832b, Appendix p. 1. reclanation 748. War risk 514qqq, 514ttt- 3078%a- insurance, 514.V.V. Navy, civil relief to members, 3078%ss. Commutation of quarters, 2519, 25192. Composition, 2518. Nurses, appointment, duties, pay and allowances, 2518, 2519. Superintendent, appointment, duties. pay and allowances, 2518, 2519. War risk insurance, 514qqq, 514ttt” 514VV. GENERAL INDEX NURSERY STOCK º See Plants. Importation, transportation, quarantine, etc., 8752-8764. Purchase for national forest without ad- vertisement, 6834a. NURSERY STOCK QUARANTHNE ACT See Plaºvts. Text of act, 8752–8758, 8760-8764. NURSES See Nurse Corps. Appointment, duties, pay and allowanceS, Army, burial in national cemeteries, 9373, Volunteer forces, 2026b. Contract labor laws not applicable to, 4289%b. Medical Department, pay, 1829a. Opium, possession not unlawful, 6287 n. Pensions, 9071. Qualifications of nurses, 1831. NUTS Customs duties on, 52910223-226). OATH OF OFFICE ACTS See Oaths. Text of act, 3218, 3223. OATHIS - See Affidavits ; Perjury. Accounts of, district attorneys, 1417, 1432, Postmaster, 7.204. United States commissioners, 1417. Administered without compensation, 3221. Adverse claimant of mining claims, 4623. Affirmation sufficient, 1. gents, making application for deduc- tions and exemptions from individu- al income tax, 6336iſb1. Upon entry of merchandise, 5484. Allegiance, aliens applying for naturali- zation, 4352(1-3, 7, 12), 4366. Children of citizens born abroad, and continuing to reside abroad to take, 3963. Indian claimants for pensions not re- quired to take, 9022 Navy officers and men, 2807. Parties prosecuting claims before de- partments, 6385, 6386. Pérsons enrolling in naval reserve force, 2900% a (8). Applicants, license to manufacture, sell, etc., explosives. 31.15%ff. Passport, 7628a. Patent, 9436. Timber and stone lands, 4672. TJse of free bath house, Springs Reservation, 5260. Appraisers, abandoned military reserva" tion lands, 5004. Property seized under customs laws, etc., 1564. - Vessels, etc., 1043. Assay offices, officers at, 6533. Assistants, appraiser of customs, 5896. Mints, 6437. Navy mail clerks, 7256. Authority to administer, acting judge ad- vocates, 2308a, art. 114. Adjutant, 2308a, art. 114. Agents to manage seal fisheries in on Hot Alaska, 8864. Arbitrators, 8670, 8672(1). - Assistant auditor, treasury depart- ment, 420a.(i). Assistant comptroller of treasury, 420a.(i). Assistant judge advocate, 2308a, art, 114. Auditor of Porto Rico, 3803gg. Auditors of Treasury, 466. Bank examiner, 9832. Boards to determine compensation of federal controlled transportation Systems, 31.15% c. Bureau of War Risk Insurance offi- cers, 514kkkk. Chief clerks, 3222. Chief deputy marshal, 1433. Xivil Service commissioner, 3273. Clerks, Court of Claims, 1149. District courts to persons identi- fying papers in admiralty caus- eS, 1330. Executive department, 265. Investigating frauds under pension laws, 9073. United States courts, 1337. Collectors of, customs in revenue and marine custom service, 5360. Internal revenue, 5885. sººrintendents of drawback, [Page 2226] CATHS (Cont'd) Authority to administer (Cont'd) cºissioner of Interstate Commerce, 6. Commissioners of war risk insurance, 514kkkk. Commission on Industrial Relations, 8914 - Committee on accounts of house of representatives, 70. Consular officers, 3185. Secretaries of legation, 3211. Corporation counsel and assistants in District of Columbia, 342.1%p. Courts of inquiry, 3028. Courts of United States, 1245. Customs officers, 5501, 5502. Deputy clerks of United States courts, Deputy Collector of internal revenue, 5885. Deputy commissioners of war risk in- surance, 514kkkk. Director of war risk 514kkkk. Employés of Bureau of Mines, 31.15%jj. Employés of War Department, 327. Examiners in connection with physi- cal valuation of property of Common carriers, 8591. Federal Trade Commission, 8836i. Immigration officers, 4289%i. Indian agents, 4009. Depredation by Indians, 4160. Indian inspectors, 3989. Indian officers, 4027. Interstate COmner Ce insuran Ce, commissioneTS, Judge advocate, 2308a, arts. 19, 114. Judges of Court of Claims, 1149. Justice of the peace, to persons proS- ecuting claims before department, 6386. Lighthouse chief clerks, etc., 3220a. Marshal, 1433. Mustering officers, 2043. Naval officers, 3037. Notary public, 3259. To persons prosecuting claims be- fore department, 6386. Officers, Executive Departments, 265. Life-Saving Service, investigating shipwrecks, 8464. Postal employés, 571. Persons prosecuting claims before de- partments, 6386. Post-office inspectors, 7301. President of, court-martial, art. 114. Court of inquiry, 2308a, art. 114. Military board, 2308a, art. 114. Recorder of, court of inquiry, 2308a, art. 114. Military board, 2308a, art. 114. Registers and receivers, without fee in entry or purchase of public land, 4494. Reserve bank organization committee, 9786(2). Secretary of Agriculture, 795aa. settlement of accounts in Post-Office Department, 467. Special agents or examiners, Inter- State Commerce Commission may administer, 8592. Investigating pension frauds, 9076. Proceedings to determine heirs of deceased allottees, 4226a. Summary courts-martial of national guard, 3049d. Superintendents of Indian reservation schools, 4010. Supervising inspector of steam ves- sels, 82.14c. Surveyors-general, 4457. Town site trustees in Oklahoma, 5035. Under public land laws, 4545, 4546, 4548. United States commissioner, 1337, 3259. inspectors’ 2308a, United States Tariff Commission, 5326g. To witnesses in congressional investi- gations, 155, * Bankruptcy proceedings, administered by whom, 9604. Pleadings, 9602. Bidder for contract to carry mail, 7433. Board of naval officers, members of, 2697c. Prewers, entries in books, 6142. Cadets, military academy, 2241. Capital Issues Committee, members of, 31.15%kk. Circuit judges, 1234. Claimant for pension, perjury, 9038. [References are to sections, except where otherwise indicated.] OATHS (Cont'd) Claims for reimbursement of naval of ficers, etc., for effects lost, destroyed or damaged by operations of war, 2869a. Clerk, Court of Claims, 1130. Mints, 6437. Supreme Court, 1321. Commissioners, to select site for public buildings, 6900. Complaint, habeas Corpus, 1282. Vºon of internal revenue laws, Comptroller of Currency, 497. Consular officers, verification of account of fees, 3184. Court of inquiry, members and recorder, 2308a, art. 100. Nº. members and judge advocate, Courts-martial, 2308a, art. 19. Aſſistant judge advocates, 2308a, art. Interpreters, 2308a, art. 19. Custody, 3223. Customs officers, 3288, 5352-5354. Customs laws, masters of vessels not re- lieved by, from taking required by Oth- er laws, 5806. Customs officers, 3265, 5348–5355. Administered to subordinate officers by collector or other officer, 5353. Peelerº intention to become citizen, Registration of trade-mark, 9487. Delegates, administered by Speaker, 29. Deputies, clerk of district courts, 1321. Clerk of Supreme Court, 1321. Comptroller of Currency, 498. Marshals, 1305, 1306. Surveyors, 4457. Surveyors-general to make, turn of surveys, 4466. Pºiº of War Finance Corporation, 5. i.). - Discharge of indigent convict, 10138. Distillers, returns as to production, etc., to re- District attorneys, 1295, District clerks, 1321. District judges, 1234. Entry of packages without invoice, 5482, Enumerators of census, 4405. Error in public land entry, etc., 4780. Examining boards, 1917. Expense account, administered by whom, 3262, 3262a. Marshal and district attorney, 1425. Export entry of spirits withdrawn from bond without payment of tax, 6126. Fºº, etc., upon entry of merchandise, False oath to claims against United States by persons in military service, 2308a, art. 94(5). Federal Farm Loan Board, 9835b(3, 5). Fº Reserve Board members, 9793 Form, 3218. Repeal, 3216. Gaugers, in internal revenue, 5865. General court-martial, Navy, members and judge advocate, 3008. Hawaiian officers and legislators, 3661. Homestead, applicant, authority to take, 4545, 4545a, 4546. Entrymen, authority to take, 4546. mºtors of steam-vessels to certificate, Internal Revenue officers, 3265. Interpreters to assist census officers, 4405. mystigations in Executive Departments, Judge advocate, 2308a, art. 19. Of court-martial, 3008. Judges of Court of Claims, 1127. Justices of supreme court, 1234. Licensed officers of steam vessels as to performance of duties, 8207. Lists of alien passengers, 4289%gg. Loss of register of vessels, 7748. Managing owner of vessel owned by cor- poration for enrollment or license, 8060. Manifests, importations from contiguous countries, 5810. Map and statement of town-site, 4786. Marine Corps, 2926. Marshals, 1305, 1306. Master of vessel, application for ex- change of enrollment for registry or license or vice versa, 8071. Application for new license in place of lost, license, 8074. Citizenship, 7722. GENERAL INDEX f [Page 2227] [References are to sections, except where otherwise indicated.] OATHS (Cont'd) Master of vessel (Cont'd) Clearance, 7790, 7792. Expiration of license at sea, 8127. Manifest of alien passengers, 4258. New master and change of, 8084. Mint officers, 6437. - National banks, cashier, as to payment of capital stock, 9677. Directors, 9685. List of stockholders, 9773. Organization, . 9710. Reports to Comptroller, 9774–9776. National guard officers, 30441. Naval retiring board, 2629, 2637. Navy mail clerks, 7256. Navy officers and men, 2807. Official, administered by whom, 3220a. In Porto Rico, 3803a.a. OWners of vessels for exemption from payment of light money, 7819. Passports, 309. Payment of foreign repairs to vessels as pºeºuisite to license or enrollment, 79. Pensions, for prosecuting claims for, Claimant for, 9006. - Poor debtor, 1706. Porto Rican officers, 3803d. Postal service employés, 571. Omission as offense, 10400. President (Const. art. 2, § 1, cl. 7). ' Corporation owning vessels for license or enrollment, 8060. Senate, by whom administered, 26. 3220, agreements for compensation 9115. Public contracts, affixed to, by officer making, 6897. Quarantine, medical officers to adminis- ter, 9166 Recording, of foreign owned vessel, 7765. Recruits, 2308a, art. 109. Referee, bankruptcy, 9620. To fix compensation for right of Way through Indian land, 4183. Registry of vessel, by agent, 7742. Owner to make, 7720. . Penalty for false swearing, 7721. Upon entry, 7754. Reporter of courts-martial, 2308a, art. 19. Reports, common carriers to Interstate Commerce Commission who may ad- minister, 8592. Common carriers to Interstate Com- merce Commission to be made under oath, 8592. Expenditures for clerical services by registers and receivers, 4479. Inspection of locomotive boilers, 8685. Representatives, administration by Speak- er, 29. Retiring board, 2055. Returns, additional taxes, 5896a. Fees by district attorneys, marshals, and clerks, 1394. Habeas corpus, denial of, 1288. Income tax, 6336xx, 6336XXX. Insurance companies, 6309%b. Miscellaneous articles, 6309%b. Transportation companies, 6308%d. Wholesale liquor dealer of quantity of distilled spirits received, 6104. Revenue-Cutter Service courts, 8459%b (61). Revenue laws, oaths prescribed by Secre- tary of Treasury, 384, 5836. º Revenue Marine and Customs Services ad- ministered by Collectors of Customs, 5360. Search and seizure, necessity (Const. am. 4). - Senate officers, administration by presid- ing officer, 27. w Administration by secretary or chief clerk, 28. Senators, administration by president of senate, 25 Administration by presiding officer, 27. Impeachment proceedings (Const, art. 1, § 3, cl. 6) Settlement of accounts, army officers in War Department, 327. Post-office department, 467. Shipping commissioner, 8288. Speaker of house of representatives, ministration by members, 29. Special agents to make census, 4405. Statement of absence of homestead entry- men, 4532C. State officers and legislators, 3422. Administering and recording, 3423. Storekeepers in the internal revenue, 5862. Summary courts-martial, members and recorder, 2996. ad- OATHS (Cont'd) Supervisors of census, 4405. Supporting constitution, who must take (Const. art. 6, cl. 3). - Tºnen, persons appointed summon, Territorial officers, 3468. Traveling expenses, inspectors of steam vessels, 8168, Appendix p. 1791. Supervising inspector general of #m vessels, 8155, Appendix p. 791. United States judges, 1234. Venire facias, persons appointed to serve, Warrant for seizure of property intended for export in time of war, 7678e. Witnesses, administration by presiding officer, 27 Administration, Indian agents as to depredation by Indians, 4160. Officers of military, etc., boards, 265. Officers or clerks of Executive De- partments, 265. segetary or chief clerk of senate, Congressional investigations, 155, 156. Consular courts, 7662. Court of Claims, 1161. Courts-martial, 2308a, art. 19. Courts of inquiry, 2308a, art. 101. Interstate Commerce Commission, 8576. Investigation as to interest of applica- tion for lease, etc., in Hot Springs Reservation, 5254. Naval examining board, 2692, 2693. Summary court-martial, 2997. OATS Importation of seeds adulterated or unfit for seeding, 8744-8747. Wº: of bushel fixed for import, 5291 OBLIGATION OF CONTRACTS Constitutional prohibition. (Const. art. 1, § 10, cl. 1). Philippines, 38.10. Porto Rico, 3803aa. OBSCENE MATTER, Aiding in obscene literature trade, 10271. Circulating obscene literature, etc., 10485. Importation prohibited, 5299, 10415. By officers, punishment, 5300. Mailing or taking from mails, 10381. Tºco packages, etc., not to contain, 6204. On wrapper or envelope of mail matter, 10381. OBSERVERS Army pay, 2146. Coast artillery, 1731a. Field artillery, 1737, 2144, 2144a. OBSTRUCTING JUSTICE See Evidence ; Indictment ; tion; Verdicts. Conspiracy, 3933(2). oºtins process or assaulting officer, 310. Penalty, 10305. OBSTRUCTION Navigation, see Navigable Waters. Mail, 10371. Officers, Bureau of Animal Industry, 10230. Civil rights law, 3933(1). Customs, 5771. Enrollment, registry or licensing of vessels, 8131. Internal revenue, 5900. Revenue, 10233. Treasury Department in performance of duty under act relating to viruses, serums, etc., 8783 Regulation of vessels 995944b. Search warrants, 10496%r. Settlement on public lands, 4999, 5000. Surveys, protection of surveyors by mar- shal, 4825. Transportation, penalties, 8563(9). OCCUPATIONS Alien enemies, change of, 7615. Special internal revenue taxes on, 5955– 0. Obstruc- in time of War, OCC UPYING CLAIMANTS Remedies, 1541. O CFAN MALI, ACTS See Mails. Text of act, 7530–7538, 7710-7713. OFFENSES See Crimes and Offenses ; Criminal Procedure. QFFICE OF NAVAL INTELLIGENCE Publication of additional Copies, 7165. QFFICERs RESERVE CORPS *g, º, 18814. ubject to laws, etc., governin of . United States, iš. g army Age limit, 1881a. Appointment, 1881a–1881aaa. TO fill Vacancies in grade of second lieutenants, 1920a. 1920a, Appendix p. 1751. Reserve officers’ training corps, 1881m. As temporary second lieutenant in Armyºtº”. Illte A: º: ates, composed in part rticles of war, subj º Service, 18814. ject to, on active Assignment, to artillery parks, 1736a. Depot batteries and battalions, 1736a. . Regular army reserve, 1892b. Aviation Section, 1867n. 9. ºne: to members, 3078%a-307814ss. OrleIS, Va. Cancies in filled, 1881a. office of not to be Commissions, 1881a. Details, ...to ammunition batteries and bat- Tºº 1736a. O Signal Corps, 1867g. Discharge, #8.” 7g ####". of hostilities, 1881b. £1billty for commissio e my, 1920a. nS in regular ar Enlists, reserve corps, assignment to, 1892e, Appendix p. 1750. Examinations, re-commissioned 1881a. Gratuitous services of, 6778a. Leaves of absence to officers and em- ployés of United States or District of Columbia, when ordered to duty as members of, 1881cc. Lieutenant-colonels, vacancies Lºt: § be º 1881a. eutenants, medical - & 1881a. Section, active duty, Medical reserve corp, abolished, 1881a. Transfer to, 1881a. Mººl Section, lieutenants, active duty, &l. Number, 1881a. oº: tº be discharged on reaching Cyr ITOli uring existi iššiaaa. to 1st1ng emergency, Ordering to temporary duty, 2044a. Part of army of United States, 1715a. *::s. and allowances on training duty, C. Pensions, 1881b, 1881q. Promotion in active service, 1881b. Qualifications, 18810. 18810, Appendix p. 1750. Rank, 1881a. Regular army officer, servi º counted. 1881C. ice With not *śion: 1881a. CerS called for service in lo R. #Adº. 1881bb. Wer egular army reserve e 1892b. , assignment to, R 1892b, º p. 1750. eServe Officers’ training corps - Rº: from, 1881m. 8. pS, appoint §§toration to positions of employés of United States or District of ğb; Rº: tº º as members of, 1881ccc. Irendent and retired pay, not - to, 1881b, 1881q. pay entitled Right to retirement of regular army of— ficer, service with not Counted, 1881c. Term of Commission, 1881a. terms, in office Training duty, 1881c. Volunteer officers, appointment to, 1881c. OFFICES AND OFFICERS See Appointment ; Civil Service ; Clerks ; Compensation; Details : Eac- tra Compensation ; Fees; Hawaii 3. Leave of Absence; Mileage; Mili. tary Academy; National Banics 3. ‘Navy . Postal Service; Removal from Qſfice : Resignation ; Retired Offibers; Salaries ; Travel Pay and Earpenses : Vacancies in Office. 4;tration of Oaths by officers, see Clº ſº, S Appointments by and with advice and CO?vse??t of Senate, see Senate. Aºtments by President, see Presi- €10t. Assault on officer, see Assault. JBonds of officers, see Bonds. GENERAL INDEX [References are to sections, except where otherwise in | OFFICES AND OFFICERS (Cont'd) OFFICES AND OFFICERS (Cont'd) Commissions of officers, see Commis- Sion.S. Dismissal of army or navy officers, see IDismissals. \ Disqualification to hold office, see Dis- qualification. : Offenses by officers, see Crimes and Of- fenses. . Pay of officers, see Pay of Army. Rank of officers, see Rank. See, also, the titles of the particular offices and officers. Accepting present, title, etc., from for- eign state (Const. art. 1, § 9, cl. 8). Accounts of, examination by Comptroller, Regulations for administrative exam- ination of, 437. Rendition of, 428. Advertisements, etc., for, not to be pub- lished without written authority, 7187. Allowance for, disbursements, etc., pro- hibited, 3234. Expenses, actual traveling expenses, 3236, 3236a, 3236b. . Appeals in cases involving powers, 1227(5). A ppointments, notice to secretary of treas- ury, 3254. - Appropriations to which cost of printing and binding for to be charged, 7166. Arrearage due United States set off against salaries, 3239. Attached to seat of government, exercis- ed within District of Columbia, 3307. Attorneys, officers prohibited to act as, 1250, 1251. - Bills and resolutions to be furnished to executive officers not connected with de- partments, 7169. Bonds, see Bonds. * Books bound for, report of, 6973. Capital Issues Committee, 31.15%l. Eligibility of federal officers as mem- bers of, 31.15%kk. Salaries of federal officers as members of, 31.15%kk. Civil rights, conspiracy, preventing formance of duties, 3933(1). Commissions, president’s duty (Const. art. 2, e Common carriers, free transportation, 8563. Compensation, apportionment, 5394. Rate, 3228a. . & Consolidation, transfer, etc., Submission in estimates, 6672. . Conspiracy to prevent officer from per- forming duties, 3933(1). Contempts, 1245. - Contingent funds, restrictions on purchase from, 6784. Copy of publications to be delivered to Su- perintendent of documents immediately upon publication, 7041. * Corporations, criminal liability for viola- tion of Anti-Trust laws, 8835m. Counterfeit notes, marking, 6568. Death, expiration of term, etc., of Officers sued in official capacity, 1594. Delinquent, report of, 390. Tepartment of agriculture, 838 - per- estimates, a. - Rent of buildings, reports, 837a. Details of persons in classified Service at Washington for service outside Dis- trict of Columbia, 252a. Detective from private agencies not to be employed, 3226. . Discharge in bankruptcy, effect on lia- - bility for embezzlement, etc., 9601. Documents to be delivered to Superin- tendent of Documents, 7045. - Enforcement of liquor laws, 36430. Estimate of cost of, printing response to congressional inquiries, 7035. - Publications of to be obtained from public printer, 7166. . Expenditures restricted, newspapers, pe— riodicals, etc., 3263. |Expense account, verification, , oath ad- ministered by whom, 3262, 3262a. Expenses of horses and carriages, pay- ment prohibited, 3237, 3238, 3238a, 3238b. False vouchers as to Indian affairs, effect to prevent payment, 4091. Federal Trade Commission, place of prin- cipal office, 8836c. Foreign decoration not to be publicly WOrn. 3268. - - - Fºure of office for destroying recordg, 102.99. Holding more than one office, 3231. Army officers not to hold civil offices, 1993–1995. Commissioners or receivers, 1334. [Page 22281 Holding more than one office (Cont'd) Diplomatic and consular officers, 3199. Hawaiian legislators, 3659. . Indian Officers, 4018. Territorial officers, 3442. Hºys for per diem employees, Impeachment, § 4) 3244- grounds (Const. art. 2, Income tax, returns, 6336y. Withholding tax at source, indemnity, 6336iſb]. -- Informers, not to be paid for information as to exportation of opium, 8801e. Insurrectionary states, regulation of com- mercial intercourse in, 10147. Trading or embezzlement in, 10148. Interest in claims against United States, penalty, 10278. - Intoxicating liquors, excessive use of, bar to appointment, 3280. . Inventions by officers for public use, 9441. Irregularity or misconduct, investiga- tions, oaths, 265. Jurisdiction of federal courts, suits to re- cover offices, 991(15). Jurors, discrimination in selection of ju- rors by reason of race or color, 3929. List of officers, etc., to be prepared and filed for Official Register, 7092. Mail matter transmitted free, 7371. Mººs, duplicate furnished when lost, Militia, duty, exemption from, 3043. Members, leaves of absence, 3247. Money under contract with Indians not to be paid until determination that con- tract is valid, 4088. Nitrate plants, 3110b. Nominations, rejections, etc., list by sec- retary of senate, 3255. Oath, see Oaths. Obscene matter, punishment, 5. Offenses relating importing or mailing, to official duties, 10258- Receiving salary from sources other than the United States, 3231a. Opium, possession not presumptively un- lawful, 6287n. Order for public documents required, 7169. Penalty for violation of quarantine laws by, 9177. - Pension or honorable service roll pro- hibited, 3266. . Political contributions prohibited, 3270. As offense, 10288, 10289, 10290, 10291. Postal service, liberty loan bonds in lieu of other bonds, 7193a, Appendix. p. 1785. Preference to persons honorably discharg— #4 from military and naval service, Presents and contributions to superiors prohibited, 3264. Presidential electors, officers of United intº ineligibility (Const. art. 2, § 1, Cl. 2 - Printing not to be done without authori- ty or necessity, 7173. Promotion over senior officers, 1899f. Qualifications (Const. am. 14, § 3). Railroad, free transportation for, 8595. Rºsº test prohibited (Const. art. 6, Cl. 3). Reports in estimates of number and sal- aries of inefficient employees, 6679. Seditious or disloyal acts, 10212c. Selective draft, exemptions from, 2044d. Statutes to be preserved and delivered to successors, 3257. Subsistence allowance, 3236a. Transfer to Labor Department, 936. Transportation by army transport serv- ice, 1976. Unauthorized employment of clerks pro- hibited, 3225. Salary not to be paid, 3224. United States Shipping Board, ment, etc., 8:146bb. Use of name in advertising practice be- fore departments, etc., forbidden, 272a. War Finance Corporation, 31.15%d. Eligibility of federal officers as di- rectors of, 31.15%b. Witnesses’ fees, 1455. Word defined as used in Statutes, 1. or FICIAL BONDS See Boºds. OFFICIAL ENVELOPES See POStage. limitation on, employ- dicated.] . OFFICIAL GAZETTE - Patent Office, printing of, number of cop- ies, distribution, 7093. . Trade-marks published in, 9491. “Usual number” not to be printed, 7093. OFFICIAL OATHIS See Oaths. OFFICIAL REGISTER, Pºtor of census to index and approve, Distribution of copies to Library of Con- gress, 7026, 7027. Editing, indexing, publication of, by chief clerk of Interior Department, 7092. Lists for, employés in government print- ing Office, 7006. - Officers, etc., 7092. Office of Comptroller of the Cur- rency, 7127. • Vessels of United States, 7092. - Not to be contained in, 7128. Names of certain classes of persons in pººl Service not to be contained in, Number of copies, distribution, 7092. Preparation, contents, 7092. “Usual number” not to be printed, 7092. OFFICIAL REPORTERS tº- See Reporters. OHIO - District court terms, 1087. District judges, northern district, 968. Southern District, 968. Grand juries, 1087. Judicial districts, 1087. - g Juries, 1087. Land office abolished, 4515. OHTO RIVER, Improvements, allotments for, 10002a. Not under jurisdiction of Mississippi River Commission, 10002b. Jurisdiction of lighthouse board extended over, 8427 - Modification 10002a.a. Snag boats and removal of obstructions, Warrant for expenses, statement of, 9898. Water gauges and daily observations at Louisville, 9856. of improvement project, OIL - See Coal Oil. Customs duties on, 5291044–46). Internal revenue tax on transportation of by pipe line, amount, 6309%a. By whom payable, 6309%b. Computation, 6309%b. . Exemptions, 6309%b, 6309%c. Returns by persons, etc., subject to, 6309%d. Panama, Canal Zone, leases, 10034. Pipe lines, requisition and operation by President for common defense pur- poses, 31.15%jj. Right of way, in Colorado and Wyo- ming, 4949-4952. : Through Indian lands, 4192. Transportation by, regulation of, 8563, Sale to vessels for volunteer patrol squad- rons, 3078a (25). Transportation on steam passenger ves- Sels, 8242. Vessels of volunteer patrol squadrons, 3078a.(25). ~ Vitriol, mode of packing for shipment on steam vessels, 8245, 8246 Passenger vessels prohibited from car- rying, 8005. Penalty for shipping without notice, reservation of, in Steam passenger vessels not to carry except on certain portions of vessel, 8242. - OIL LANDS Assessment, 4636. Entry under, nonmineral laws, 4640a. Placer mining laws, 4635. Idaho, selection by state, etc., 4863-4865. Rights of occupants of lands with- drawn from settlement, etc., 4524. Leases of naval lands, 647a. - - Rights of occupants of lands withdrawn from settlement, etc., 4524. Utah, 4638-4640. Damages caused by prospecting moval of oil and gas, 4640 Entry, application for, 4639. Hºstead and desert land laws, 4 e • - Lºgation of desert land entries, Work on contiguous lands, Or re- GENERAL INDEX [Page 22291 [References are to sections, except where otherwise indicated.] OIL LANDS (Cont'd) Tjtah (Cont'd) Entry (Cont'd) Previous entries, 4638. Patents, 4640. Transfer of land before discovery of oil, 4637 Reservation of oil and gas, 4638, 4640. Sale of isolated tracts, 4638. Selection by State, 4638. , Subject to Carey Act, 4638. Withdrawal in Reclamation Act, 4638. Withdrawal from entry, disposition of oil or proceeds pending application for pat- ent, 4637a. OHL PHPE LINE ACT See Pipe Lines. Text of act, 4949-4952. OIL WELLS - Income tax, annual depreciation, act re- lating to burden of proof in Suit to recover internal revenue tax paid not to apply to, 5948. Deductions, 6336e[a]. On corporations, deductions for reduc- tion in flow, 6336![a, b]. On individuals, deductions for reduc- tion in flow, 6336eſa], 6336f [a]. {}}KHOTSK SEA Fur seal, etc., 8838-8865. ORLAHOMA Deputy district clerk, 1088. District attorneys, 1360. Salaries, 1444. District clerk, 1088. District court, terms, 1088. District judges, 1360. Fraudulent settlements on lands, punish- ment, 5025. Homestead entries, along navigable Wa- ters, 5046. Commutation, 5022, 5043. Indian lands, commutation prohibited, 5020. Price, 5020. Soldiers and sailors, 5020. Procedure in applications, contests, etc., 5021. Qualifications of entrymen, 5021. Soldiers and sailors, 5021. Homestead settlers, 5023. Greer County, preference rights, pur- chase of additional lands, etc., 5040. + Dnoccupied lands subject to home- stead laws only, 5041. Judicial districts, 1088. Marshals, 1360. Salaries, 1444. Public lands, 5020-5044. Citizenship of entry-men, 5021. Declared agricultural, 5027. Division of Oklahoma into counties before opening lands to Settlers, 5028. Greer County, 5040–5044. Homestead entries on Indian lands, 20 entries, Reservations for, county seats, 5028. Tracts, etc., 5023. º Rights of, occupants not impaired, 5026. 5020. Railroad corporations, to home- Unoccupied lands subject stead entry only, 5041. & Railroad rights of way, lands Subject, 932 4932. Reclamation of arid lands by United States, 4700-4708. & Reservations between sections for high- ways, 5024. Rights of purchasers from Texas to per- fect title under homestead laws, 5044. School and missionary lands, 5020. School lands, not entitled to indemnity lands for sections within Platt Na- tional Park, 5245. Reservations, 5023. Town sites, 5029-5039. Appeals, 5034. Authority, duties and compensation of trustees, 5035. Board of Trustees abolished, 5037. Certificate of occupancy, 5030. Church lots, 5031. Entries, Greer County, 5042. Greer County, preference rights of pºons making improvements, Inhabitants, 5042. Trustees, 5029. . Homestead entries, 5038. | OKLAHOMA (Cont'd) Town sites (Cont'd) º, extended to Cherokee Outlet, lº, of Kansas to govern trustees, Laws made applicable, 5023. \ Preference of, pending entries, 5034. Sale of lànds, 5038. Lots, 5032. Surveys, 5029. Vacation, 5038. Vacated sites to be sold by towns as isolated tracts, 503.9. OLID AGE PENSION AGT See Pensions. Text of act, 8968–8972. OILED MATERIAL Navy, sale, 2785–2788. Proceeds paid into treasury, 2785. OHLEOMARGARINE Interº, revenue tax, amount of, tax, Amount of, when not artificially col- ored, 6220. Assessment on oleomargarine sold without stamps, 6221. * Bonded Warehouses, removal to for the purpose of affixing stamps, etc., 6222. Branding packages, 62.18. olºrsarine for exportation, Butter, definition of, 6215. Carrying on business of manufacturer or dealer in without payment of special tax therefor, punishment, 5967 Chemist to be appointed in office § commissioner of internal revenue, 226. Commissioner of internal revenue, de- cision as to what substances are liable to tax, appeal, 6226. Regulations to carry act into ef- fect, 6232. - Definition of, 6216. , Destruction of stamps on emptied packages, 6225. Exportation without payment of tax, regulations, 6228. Fines, evasion of tax by manufactur- er, 6229. Failure of manufacturer to place label and notice on packages, 6219. Permitting imported OleOmarga- rine to pass out of hands of CuS- toms officers without payment of tax, 6222. . Recoverable in any court, 6231. Reissuing emptied stamped pack- ages, 6225. s Release by customs officers on, im; ported oleomargarine without payment of tax, 6222, Removal or defacement of stamps, brands, etc., 6227. Sale in unlawful, packages, false stamping, branding, etc., 6218. Sale of imported oleomargarine not stamped, etc., 6222. Forfeitures, articles purchased from manufacturer who has not paid special tax, 6224. & Factory, etc., for evasion of tax by manufacturer, 6229. Failure of manufacturer to com- ply with the law, 6230. Recoverable in any court, 6231. Unstamped or deleterious oleomar- gariñe, 6227. Imported, laws applicable, 6222. Packing, etc., 6222. º Penalties for sale without stamps, 6222. Releasing by customs officers with- out payment of tax, 6222. Removal to bonded warehouse for affixing of stamps, etc., 6222. Sale without stamps, 6222. Stamps to represent tax, 6222. Tax to be paid, 6222. Labels to be placed on packages, 6219. Manufacturers, amount of tax, 5977. Bonds, 6217. Books to be kept by, 6217. Inventories to be kept by, 6217. Label and notice to be placed on packages, penalty, 6219. Laws applicable, 5977. Penalties for evasion of tax by, 6229. | OLEOMARGARINE (Cont'd) Internal revenue tax (Cont'd) Manufacturers (Cont'd) Penalties in cases not otherwise provided for by law, 6230. Purchase from manufacturer not paying tax, penalty, 6224. Returns to collector, 6217. Sales by, regulations, penalty, 62.18. Statement of business by, 6217. Who regarded as, 5977. Mixtures subject to tax to be deter- mined by a commissioner, 6226. Notice to be placed on packages, 6219. Offenses, carrying on business of man- ufacturer of, or dealer in Oleo- margarine without payment of tax, 5967. Fººn of tax by manufacturer, Failure of manufacturer to place label and notice on packages, Failure of wholesale dealers to º books and render returns, 41. Permitting imported oleomargarine to pass out of the hands of CuS- toms officers without payment Of tax, 6.222. Reissuing emptied stamped pack- ages, 6225. Release of imported oleomargarine by customs officers without pay- ment of tax, 6222. Removal or defacement of Stamps, brands, etc.,' 6227. - Sale in unlawful packages, false branding, stamping, etc., 6218. Sale of imported oleomargarine not stamped, etc., 6222. Packing, method of, 6218. Penalties, failure of manufacturer to comply with the law, 6230. Purchase from manufacturer who has not paid special tax, 6224. Purchase of packages not branded or stamped, 6223. Recoverable in any court, 6231. Removal or defacement of stamps, brands, etc., 6227. Retail dealers, amount of tax, 5977. Laws applicable, 5977. Sale, quantity, branding, stamping packages, 6218. Who regarded as dealer, 5977. Stamps, emptied packages, destruction, penalty for neglect, 6225. Imported oleomargarine, 6222. Necessity, 6218. Penalty for failure to affix, etc., Penalty for purchase of packages not stamped, 6223. Printed on hand roller presses from engraved plates, 6344. T. º be paid by, laws applicable, Wholesale dealers, amount of tax, 5977. Books, returns, penalties, 6241. Laws applicable, 5977. Sale only in original stamped pack- ages, 6218. Who regarded as dealer, 5977. Transported into State, etc., subject to police powers, 8740. OLEOMARGARINE ACTS See Oleomargarine. Text of act, 5967, 5968, 5977, 5978, 6215–6239, 6241, 8740. (OLLALA SLOUGH Oregon, nonnavigable, 9844a. ONE HUNDERED AND TWO REVER, Non-navigable above certaine point, 9.850. Amendment or repeal of act reserved, OPERATORS See Telegraphs and Telephones. opinions See Attorney General. Law officers, publication, etc., of, 559. President may require from Department heads (Const. art. 2, § 2, cl. 1). Suits against United States, 1577. OPHUM Additional agents, etc., for enforcement of act relating to sale, etc., 5859d. 5859d, Appendix p. 1779. Customs duties on, 5291ſq.7). GENERAL INDEX IPage 22301 [References are to sections, except where otherwise indicated.] OPIUM (Cont'd) Exportation, offense, 8801e. Unlawful except to countries regulat- ing thereof, promulgation of regula- tions, 8801d. Importation, act relating to registration not to affect, 6287q. By Chinese, act regulating sale of poi- sons in consular districts China, not to effect act forbidding, 7696n. Forfeiture of opium imported, 8798. Penalty, 8797. Concealing or having in possession Smoking opium on vessel, etc., of- fenses, forfeiture, 8801b. Except for medicinal purposes pro- hibited, 8800. Forfeiture of Smoking opium in pos- session of persons on vessel, etc., 8801b. For medicinal purposes, duties, 8800. Presumption and burden of proof as to time of, 8801a. Smoking opium, not to be admitted for transportation to another country, 8801C. Transportation, etc., in China, by citi- §. of United States, forfeiture, 9. Jurisdiction of offenses, 8799. Penalty, 8799. Unlawful forfeiture, destruction, pen- alty, 8801. Manufacturers of smoking opium, amount of tax, 6287a. Bond, 6287a. $ Penalty, sureties, 6287b. Books to be kept, 6287b. Citizens only may manufacture, 6287a, Forfeitures for violation of act, 6287e, Inventories to be filed, 6287b. Notices to be filed, 6287b. Offenses, nonpayment of tax, 6287e. Regulations as to conduct of business, 6287b. etc., Repeal of former laws, 6287f. Signs, 6287b. Stamps, 6287c. Laws relating to tobacco and Snuff made applicable, 6287d. Who regarded as manufacturer, 6287a. Qegistration and tax, 6287g–6287q. Act not to affect, act relating to im- portation of, 6287Q. Appointment of agents and officers to enforce provisions, 6287 p. Army purchases for, excepted, 6287g. Employés not required to register or pay tax, 6287g. Food and Drug Act not affected, 6287Q. Hospitals, purchases for, excepted, 6287g. Internal revenue laws for assessment, collection, etc., made applicable, 6287m. Navy, purchases for, excepted, 6287g. Offense, 6287g, 62870. Orders for, certified copies, who to be furnished, 6287k. Divulging information, 6287|x. Duplicates to be made, preserva- tion, 6287h. Exception of, physicians, dentists, veterinary surgeons, records, preservation, 6287h. Prescription issued by register- ed physician, dentist, veteri- surgeon, preservation, Offense, prisons, 6287h. Sales to army and navy, 6287h. Sales to persons in foreign countries, 6287h. forms, 6287h. Price, 6287h. Inspection by, officials, state and federal, 6287h. Treasury Department, and state and other officials, 6287k. Preservation for two years, 6287h. Person defined, 6287g. Persons required, 6287g. Possession or control by person not registering unlawful, exceptions, 6287n. Prisons, purchases for, excepted, 6287g. Provision of “act not to apply to cer- tain preparations containing small amounts of morphine, codeine, hero- in, etc., 6287l. in |, OPIUM (Cont'd) Registration and tax (Cont'd) Public health service, purchases for, excepted, 6287g. Residence of persons dealing in to be deemed place of business, 6287g. Statement and returns by persons reg- istered to, collector, verification, 6287i. Transportation by unregistered per- sons, offense, 6287.j. Offense, common carrier excepted, J. Exception of physicians, etc., 7i J. Written order required, 6287h. Sale in consular districts in China for- bidden, except on prescription, etc., 7696g. Sale of, to natives in lands prohibited, certain Pacific is- punishment; 10481. Exceptions, as to opium, wine, , or spirits given for medical purposes, 10481. Jurisdiction of offenses, 10482. Smoking opium, exportation, offense, 8801e. Exportation unlawful except to Coun- tries regulating thereof, promulga- tion of regulations, 8801d. Not to be admitted for transportation to another country, 8801c. Not to be transferred to one Vessel from another, 8801C. Possession, concealment, etc., as evi- dence, forfeiture, 8801b. Presumption and burden of proof as to time of importation, 880ia. OPIUM ACTS See Opittºn. Text of act, 6287a-6287q, 8800-8801f. OPPRESSION Navy, punishment, 2969(2). ORDER BILL OF LADENG See Bills of Lading. ORDERS See Postal Money Orders. Admission to insane hospital, 9301-93.14. Persons in public health service, 9302. California Débris Commission, 10017. Modification or revocation, 10022. Commitment to insane hospital, 9301. Congress, veto (Const. art. 1, § 7, cl. 3). Courts, disobedience as contempt, 1245a. Equity, for alienation, etc., of In- dian homestead, etc., prohibited, 4611. Destruction of unlawful inclosure on pub- lic lands, 4998. Disobedience, contempts, 1245. Equity proceedings for enforcement of tariffs, prohibition of discriminations, etc., 85.99. Forgery, 10193. Having In possession, 10.194. Insane persons restored to legal status, 93.18 - Interlocutory orders in proceedings for relief of soldiers and sailors, modiſi- cations, etc., 3078%rr. Interstate Commerce Commission, deter- mination of maximum allowance for services rendered or instrumentality furnished by owner of property transported, 8583. Duty of carriers to comply with, 8584. Hearing for determination of proprie- ty of new rates, etc., 8583. Manner of service and enforcement, 8570. Payment of money as damages, 8584. Penalty for failure to obey, 8584. Physical valuations of property of common carriers, modification of rescission of, 8591. Proceedings, commerce court for en- forcement of, orders other than for payment of money, 8584. Enforcement of, 8584. Instituted upon own motion, 8581. Regulation of proceedings, 8586. Rehearings, 8585. Requiring carriers to cease violation of act, 8583. Reversal or modification of, 8585. Service of, 8584, - Suspension or modification, 8584. T. of taking effect and duration, 85.83. Publication, printer’s fees, 1459, 1460. Removal of cause, orders to remain valid on, 1018. URDERS (Cont'd) Sales, personal property, 1641. Real estate, 1640. Notice, 1642. Standard time, 8907s. ORDINANCE OF 1787 Government of northwest territory, pp. ORAD INANCES Offense On Hot Springs Reservation under Ordinance of city of Hot Springs, 5265. {}RDINARY SEAMEN - Rating changed to seamen, second class, no change of pay, 2712a. {}RDNANCE See Chief of Ordnance. Appropriations contract obligations in ex- cess of, 6771a, Appendix p. 1781. Indirect or general expenses of manu- facturing, etc., operations by Chief of Ordnance to be charged against appropriations therefor, 6770. Issue of material procured under, 6772b, Appendix p. 1781. Ordnance Department not to be ex- pended for freight charges, 6769. Ordnance-stores, ammunition, etc., available for two years, 6768. Use of material procured in manufac- turing, etc., operations by Chief of Ordnance, 6771. Armories and arsenals, 3079–3088. States to assent to purchase of lands for arsenals, 3424. - Board of Ordnance and Fortification, 3111- Bureau in Navy, absence, etc., of Chief and assistant, chief clerk to act, 632. Absence of chief, assistant to act, 632. Appropriations for, report of expen- ditures from, 649. Assistant to chief, detail of line of ficer to act as, 632. Duties, 632. Pay, 632. Chief of, eligibility, 629. Detail of officer to assist chief, 632. Employés’ salaries, 614. Establishment, 622. Chief ordnance officer, assignment to staff of army corps or division Comman- der, rank, pay, etc., 1848a. Civilian employés in gun factories, pay while on leave of absence, 3084b, Ap- pendix p. 1770. * Colleges, issuance to, for military in- struction, 2283, 2285, 2291, 2294. Commutation of quarters, 2118C. Condemned ordnance for, soldiers’ homes, Soldiers’ monument associations, 3102. Contracts, when necessary to be reduced to writing, etc., 6854. Department in Army, chief ordnance of ficer as staff officer, 1848a. Chief of Staff, supervision by, 1763. Composition, 1848. Damages to arms, report of, 1968. Depots of ordnance, 1856. Detail, enlisted men, 1854. Officers, 1999, 1999b. From army at large, 1849. Majors to, 1906a. Disbursing officers, Army officer as, to pay civilian employés, 1859b. 1859aa, Appendix p. 1749. Designation by, of other officers to disburse, 1859a. Employés, civilian, accrued leaves of absence to, 3248a. Compensation payable repeal, 3084a. Reward for suggestions, 3090. Enlisted men, 1848, 1853. Detail of, 1854. Pay, 2144. Examinations of officers for promo- tion, 1898. Expenditure of appropriation for pur- chase of land, etc., without regard to R. S. 355, 6903a. Expense of procuring stores for other departments or bureaus, 6772. Extra duty pay, 2158. Immediate increase in, Imake, 1991c. Obligations for, in addition to ap- gºons specifically authorized, monthly, authority to GENERAL INDEX [Page 22.31] [References are to sections, except where otherwise ORDNANCE (Cont'd) Department in Army (Cont'd) Officers, mileage, 2132a. - **. Non-commissioned officers and em- ployés, detail of, to Geological Survey, 772. Vacancies, 1848. Ordnance Sergeants, 1848. Clothing allowance, 2179. Enlistment, 1853. Number and duty, 1851. Selection, 1852. Part of army, 1717, 1717a. Payment of pressing obligations Where balance of appropriation is insufficient, adjustment of accounts, 6621. Pay of employees, 3084. Principal assistant, pay, 2143. Promotion, 1901, 1902, 1903, 1905. Rank of officers, serving by detail, 1850. . Reports and returns, stores, 1858. Student officers, 1848. Supplies, orders, 1855, 1857. Guns, tests, 3091, 3092. Militia, 3054. - Purchase for, 3056. Moneys arising from disposition of, 3107, 08. of Ordnance Navy, motor vehicles exchanged for new Ones, 2809a. Proof and test, 2804bbbbb. Transfer to war department, 3092a, Appendix p. 1770. Obsolete, delivery to Soldiers’ 9289, 9290. Purchases of Special articles without pub- licity, 6855. - Quarters, commutation of, 2118C. Rifled cannon to be tested, 3091, 3092. Sales, application of proceeds, 3107. To civilian at training camps, 3071b. To designers, 3100. - For experiments, 3099. Homes, Individual pieces of armament, 3104. Obsolete, ordnance for public parks, etc., 3103. Small arms to patriotic organiza- tions, 3098. To officers of Navy and Marine Corps, 3105. Smooth-bore cannon for experiments, 3099 - Stores to civilian employees and oth- ers, 3106. . Transfers to other departments, pay- ment, 3108. Schools and soldiers’ and sailors’ orphans’ homes, 3095–3097. Soldiers’ homes, 3101. Soldiers’ monuments, condemned or Ob- solete ordnance for, 3102, 3103. Stealing, selling, etc., 10200. Stores, sale to Cuba, 3106a. Test of, rifle cannon, 3091, 3092. Iron and steel to be reported to chief, 31.10. Washington High School, 3094. ÖğE{}{}}N Bull Run National Forest, trespass, 10222. Citizenship of persons born in territory of, 3949. Crater Lake, 5228-5230. Deputies, district clerk, r Marshal, 1089. Desert lands, sale, 4676. District attorneys, double fees, 1403. District clerk, 1089, 1405, 1406a. District court, jurisdiction of offenses re- lating to fur-bearing animals in Alaska, 8851. Jurisdiction of prosecutions relating to fur seal and sea, otter, 8845. Terms, 1089. District judges, 968. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Forest reservations, acts of congress prohibited, 4524. Geodetic surveys in, may be continued, 482.1 National Park, 1089. etc., Irrigation projects, changing lakes in, 4749. Judicial districts, 1089. Jurors, fees and mileage, 1453. Marshall, 1089, 1406a. Double fees, 1403. National forests, creation and addition by act of congress, 5135. Patents for wagon road grants to, 4871. Permanent appropriation for payment of percentage of proceeds of public lands in, 6799(42). - level. Of creation except by OREGON (Cont'd) Port at which Chinese may enter, 4308. Reclamation of arid lands by United States, 4700-4708. - Registers and receivers, fees and commis- Sions, 4473. - Sºy of public lands, augmented rates, Surveyor-general for, 4435, 4439, 4441. Salary, 4439, 4441. Transcripts from records of, seal, 4458. Surveys compensation, 4823. Swamp-lands, act extended to, 4965. Restrictions on grants, 4958. Timber cutting for certain purposes on public lands, 4992. Witnesses, fees and mileage, 1453. ORGANIC LAWS - Articles of Confederation, pp. 3-5. Declaration of Independence, pp. 1, 2. Northwest, territorial government, pp. | ORGANIZATION COMMITTEE See Federal Reserve Banks. ORGANIZED MILITIA See Militia. - ORIGINAL PACKAGES º Dead bodies of game animals, or game §songbirds, Subject to State laws, etc., Falsely stamped articles made of gold or Silver, 88.11. Intoxicating liquors, subject to police powers of State, etc., 8738. Oleomargarine, butterine, etc., 8740. ORIGINAL PACKAGES ACT - See Original Packages. Intoxicating liquors, 8738. ORIEANS Navigable, waters in former territory of to remain public highway, 9846. ORPHAN HOMIES Soldiers and sailors, rates to inmates, 85 ORPHANS Pensions, see Children. OSAGE INDIANS Laws relating to allotments in severalty not to apply to, 4206, 4228, 4234. Withholding annuities from minors for nonattendance at school, 4176. GSAGE RIVER, - Nonnavigable above certain point, 9848. OSPREY PLUMES . Importation forbidden, 52910347). 9TTER - ' . Killing in Alaska prohibited, penalty, for- feiture of vessels, etc., 8.850. Protection of sea otter, 8838–8849. OUTSTANDING Apprºpriations to be given in estimates, reduced passenger Drafts, how paid when presented, 482. Liabilities of more than three years, cov- ered into Treasury, 480. - Report of to Secretary of Treasury, When and by whom, 484, 484a. sºlent vouchers for warrants, etc., OVERFLOWED LANDS See Sºwa, 177.p Laºds. Grants of, 4958–4969. OVER HEAD CHARGES Navy Yards and Stations, charged against appropriations for support of naval es- tablishment, 6762b. ÖVERSEERS Military academy, water works, 2277. OWNERS OF WESSELS Accidents reported by, 7975, 7978a. - Aliens, deportation of, 4289%j, 428914]{. Expense of deportation, 428914]<. Expense of detention, 428914.hh. Expense of maintenance of aliens ex- cluded, 4289%j. Lists of alien passengers, 4289%g. Lists of aliens employed on vessels arriving from foreign ports, 4289%t. Payment of head taxes, 4289%.a.a. Penalties for violation of immigra- tion laws, 4289%d-4289% ee, 4289%r, 4289% ss. Reports of aliens illegally landed, 428914t. & e Signing alien on ship’s articles with intent to violate immigration laws, 4289%qq. tº Anchorage regulations for, Kennebec Riv- - er at Bath, Maine, violation of, 9958. & indicated.] QWNERS OF VESSELS (Cont'd) Anchorage regulations for (Cont'd) New York Harbor, penalty for viola- tion, 9948. - Port of Chicago, violation of, 9951. St. Mary’s River, violation of, 9956. Agºnticing boys to sea service, 8298, Arbitration of seamens' claims, 8343-8344. Authority to bind vessels presumed, 7784. Bill of lading issued by, 8032. Bonds from armed vessels on clearing, 10180. Canal-boats and vessels on rivers, etc., liability of, as carriers, 8027. Charterers, when deemed Owners, 8024. Copy of crew list and Shipping articles to be obtained, 8366. Cºal responsibility for loss of life, Domestic trade, fees payable by, 8136-8139. Duty of person Shipping articlés on clear. ance, compliance with Act relating to advances and allotments of wages, §323. Equipping vessels for slave trade, 10422, 10427, 10428. - * Fishermen, with, 8.147. Immigration, Soliciting, as offense, 4252. Liabilities, failure to equip, etc., exemp- tion prohibited, 8030. Gold, bullion, jewelry, etc., notice by Shippers, 8019. LOSS by fire, 8020. Limitation of liability, errors of naviga- tion, dangers of the sea, etc., 803i. Gººf limited to value of interest, Countersigning agreement Master removable by, 7995. Notice of probable loss, 7976, 7978a. & Nººrins undocumented vessels, 8095a- Oath as to payment of foreign repairs as pºsauisites to license or enrollment, Owner, defined, 8392. Tenalties, advances and allotments of sea- men’s wages, 8323. - Against master not to relieve owner Of Civil liability to Steerage passen- ger, & Bill of lading, failure to issue, 8033. Carrying live-oak or red-cedar tim- * from lands of United States, Carrying passengers in excess of num- ber allowed on steam vessels, 8229. Certificate granted to agent, failure to Surrender, 7743. Clothing and fuel for seamen, failure to provide, 8361. Crew, failure to produce on return of vessel, 8367. Cruelty to animals in transit, 8653. Illegal discharge of seamen, $338. Immigration laws, violation of, 4289%d, 42.89%dd, 4289%e, 428914ee, 4289%r, 428914ss. Insufficient officers and crew, 8225. Licensed yacht, 7806. Medicine, failure to furnish, 8359. Name and port of licensed vessels, gºre to have painted on stern, Regulations of vessels in time of war, Violation of, , etc., 9959%b, 9959%.c. Seamen, violation of law as to wages On discharge in case of Sale, 8373. Wages and effects of deceased, pen- § for neglect in regard to, Slop-chest, failure to provide, 8362. sº failure to provide sufficient, Permits for dumping in New York Har- bor, 19935. Proportionate liability of part owner, 8028. Pro-rata payment by, when liabilities ex- ceed value of vessel, etc., 8022, 8023, Regulations for navigation of south and South West passes of Mississippi river, violation punishable, 9931. Rºº. against, for fraud, negligence, etc., de Removal of grounded, etc., Secretary of War, 99.24, 9925. Renewal of license, 8075. Residence to determine place of registry, vessels by Seaman, providing stores and provisions, . 8353-8357, 8360. Punishment for damage to owner by Smuggling, 8380. GENERAL INDEX IPage 22321 [References are to sections, except where otherwise OWNERS OF VESSELS (Cont'd) Shipping-commissioner, acting as, 8290. Examination and production of docu- ments in proceedings before, relating - to seamen’s claims, 8344. Statement to be furnished persons in charge of river and harbor Works, 9900 - Penalty for failure, 9901. Steam passenger, liability of, for damage to passengers, 8269. TJnited States vessels, 7707-7710. - Wages and effects of seamen forfeited by desertion, disposal of, 8385. - OXEN - - Purchases of for army transportation, 6849. - must be citizens, OYSTER, DREDGES Rules for preventing collision at Sea, 7847. OYSTERS - Dumping of dredgings, etc., upon ground used for cultivation of, 9926. Seamen’s wages, laws applicable, 8321. OYSTER STEAMERS Persons who may be carried in addition to crew, 8235. PACIFIC COAST Additional navy yard or station on, 2804b. Improvement of harbors on, 281.3d. Submarine and aviation base, 2804d. PACIFIC ITILEETS - See Fleets. - PACIFIC FOREST RESERVE Lieu lands to Northern Pacific Railroad, 5225 Mineral land laws extended to, 5226. Rights of way through reserve to Mount Rainier National Park, 5224. PACKAGES See Original Packages. TACRERS Interior department, salary, 669. PACEING BOXIES House of representatives, 115. PACRING HOUSES See Meat Inspection. Meat inspection, 8681. - Requisition and operation by President for common defense purposes, 31.15%jj. Transportation of condemned carcasses, etc., penalty, 8715. JPACKMASTERS Field artillery, 1736a. PAINS - Persons in states to be subject to alike and to no other, 3925. PAINTHNGS See Copyrights. - - Exhibition of private, forbidden in tol, 3387. PAINTS Customs duties on, 5291052–63). IPALLAPDIUM Subject to act regulating sale, etc., of explosives, 31.15%aaa, Appendix p. 1772. JPAMIPHLETS - Nonmailable, violation of Espionage Act, 10401a–10401d. Use of mails for advertisement of intoxi- cating liquors intended for prohibition States, 10387a-10387e. PANAMIA - Army officers, details under government, 1998. , - Computation for retirement, 2087. Resident mail agents, 7544. PANAMA CANAHL See Canal Zone ; Isthmian Canal Com- 77vissio?? Pa??&777 a Railroad. General provisions, 10031-10054. Accounts, money, settlement of, 423. Submission, auditing, etc., 10054b, c. Acquisition of additional land, etc., 10037. Alaska, government railroad, delivery of property for use On, 35958. Appointment of officials, 10040. Army to control in time of war, 100.48. Bills of lading, order bills of interstate Carriers, may be issued in parts or sets, 8604bb, 8604c. - Bonds, additional, 6828, 6829d. Denominations, 6826, 6828. Disposal, 6826, 6828. Duration, 6826, 6829b, 6829c. Exemption from taxation, 6826, 6828. Interest, 6826, 6828. - contracts for, Capi- Competing Legation building, PANAMA CANAL (Cont'd) Bonds (Cont'd) - Issue, 6826, 6829b, 6829c. National bank circulating notes not to be secured by, 6829. - Proceeds, payment from or reimburse- ment to treasury for expendi- tures from appropriation for, 6829a. - - - Use for construction of canal, etc., 6829a, - - Redeemable in gold coin, 6826. Rights and privileges, 6827. - Taxation of circulating notes of na, tional banks based on deposit Of, 6827. Borrowing money for, authority not re- gºed by Underwood Tariff Act, 16. . Proceeds of bond-issues used for con- Struction purposes, etc., 6829a. Canal Zone, 10031-10054. Coal for government vessels, 10042. Sale to passing vessels, 10042. Commission of Arts to report upon Struc- tures, 10040. - Compensation of officials, 10040. carriers not to OWn, etc., water route through, 8567. Completion through governor, etc., 10040. lease, Damages to vessels, payment of, 10041. Suits against Governor, 10041. Designation of, 10037. Detachment or detail of army officers to, 1999 C. Docks, 10042. Dry docks, 10042. - Employés’ Compensation Act, transfer of administration to governor, 8932uu. Estimates for, notes as to officers, em- ployés, etc., paid, statement of unit cost of construction work done and proposed to be done, 6731a. xchange of land, 10037. Governor, 10040, 10041, 10043, 10048, 10054c. Hours of labor, 8922. Injuries, canal, etc., punishment, 10051j. Employés, 10041. Adjustment of, 10041. Punishment, 10051j. Vessels, 10041. Jurisdiction of Interstate Commerce Com- mission of transportation through, 8569. Land, acquisition of additional, 10037. Exchange of, 10037. transferred to Secre- tary of state, 6829a. - Official opening, 10040. Officials, appointment, 10040. Removal, 10040. Salary, 10040. - Operation through governor, etc., 10040. Panama Canal Act, right to amend or re- peal, 10049. . Panama Railroad, 10052-10054. President’s regulations, etc., confirmed, 10038. - Proclamation of President, 1651. Radio-communication, 10042. Railroad, 10052-10054. Receipts, disposition of, 10042. Regulations, auditing accounts, For operation, etc., 10041. Removal of officials, 10040. Hepair shops, 10042. #. of inconsistent acts, etc., 10051k. Reports of receipts and expenditures, 10042. Reservation of right to amend or repeal Panama Canal Act, 10049. - Rights over not waived, 10041a. - Salaries of army or navy officials, 10040. Sale of coal, etc., to passing Vessels, 10042. - - Storehouses, 10042. Suit to determine right to use, 8836. Tolls, 10041. Basis of, 10041. Changes restricted, 10041. - Discrimination in favor of American vessels, rights not Waived, 10041a. Net tonnage charge, 10041. Panama vessels, 10041. Passengers, 10041. Ships in ballast, 10041. Tolls not based on tonnage, 10041. TJnaffected by certain act, 9860. Use of prohibited to vessels owned by persons engaged in violation of anti- trust act, etc., 8836. - Warehouses, 10042. Wharves, 10042. 10054b. indicated.] PANAMA CANAL (Cont'd) Wireless telegraphy, 10042. . Yards, 10042. - PANAMA CANAH, ACTS See Panama Canal. Text of act, 6826, 7709, 10031, 10037-10045, 10047-10049. PANAMA-PACIFIC EXPOSITION Office for registration of patents, trade- marks and copyrights established at, 9525–9529. . . . PANAMA RAILROAD General provisions, 10052-10054. Acquisition of Canal Zone to right to Operate, 10031. Bonds not required on contracts with Government, 10054. Consolidation of disbursing and account- ing functions With Canal Zone, 10054a. Contracts for furnishing services, mate- rials, etc., to Government, 10054. Employés’ Compensation Act, transfer of administration to governor of Pana- Ima, canal, 8932uu. Compensation to employés not to be paid unless release is given, 8932u. Injuries to employés, how adjusted, 10041. Insurance, 10053. . - Nº. to United States not to be paid, O5. Subsidy to United States discontinued, 100.52 8567-8570, 8836, include Toro Point Light, payments for prohibit- ed., 10050. . . Vessels, transfer to United States Ship- ping Board, 8146cc. PAN-AMIFRHCAN UNION See Coºvºmercial Bureau of America?! Republics. - Pºsition of receipts for support of, 7683. PAPER Contracts to furnish for public printing and binding, 6957–6965. Bºxing and lithographing, samples of, 7003. Public printing and binding, of with standards, 6961. Estimates of quantity required, 6980. Purchase of, 6957–6965. Standards of for public printing and hinding, 6957–6962. Waste paper, etc., in government print- comparison ing office, disposal of receipts from sales of, 6985. PARADE Prohibited upon capitol grounds, 3399. PARAGUAY : Envoy and minister to, appointment and salary, 3123 PARCELS POST General provisions, 7319-7327, , 7446. Collection on delivery of postage and price of articles shipped, regulations for, 7324. Employés, 7327. - Equipment, 7322, 7327. Experiments for determining means of extension for marketing of farm prod- ucts, 7327a. - Insurance, regulations for, 7324. Internal revenue tax on packages sent by, 63.18a, 6318h. - Nonmailable matter, 7319. Postal zones, 7320. Readjustment, 7323. - Time of establishment, 73.25. - - Railway mail service, additional pay, 7494, 7494a, 7494b. - - Rates of postage, 7321. Readjustment, 7323. Seeds, plants, etc., 7326. Time of establishment, 7325. Readjustment, classification, zones, rates, - etc., 7323 - Pay of Star route and screen wagon, contractors Where weight is increas- ed by, 7446. Regulations for collection on delivery, 7324. Supplies, purchase or rental, 7327. Weight, size, etc., of parcels, 7319. Readjustment, 7323. PARDON See Baſrole. Aliens, deportation, 4289%jj. Army, sentence of courts-martial, 2308a, art. 50 Effect on claims against United States of person pardoned, 6387. - GENERAL INDEX [Page 2233] [References are to sections, except where otherwise indicated.] PARD ON (Cont'd) Hawaiian governor, 3707. Pardoning power, 10501. Governor of Porto Rico, 3803ddd. Presiºn; power of (Const. art. 2, § 2, C Power of not affected by parole act, 10544. Settlement of capital case by minister or consul of United States in foreign country for, 7648. Tºſorial offenses, power of governor, 3427. IPARENT AND CHILD See Child Labor; Children. Allotments and allowances by persons in military service, 514nnnn-514qq. Compensation to parents on death of child killed in service of United States, 8932ee. Immigration, temporary detention and admission of wife or child of naturaliz- ed alien, 4289%l. Income tax exemptions, 6336g. Inmates of National Home for Volunteer Soldiers, pensions, 9267. Right of action by child for injuries for sale of liquors in District of Columbia, 342.1%m. - Support, discharge in , bankruptcy, 9601. War risk insurance, /compensation for death or disability, 514qqq-514tttt. PARIS ECONOMY PACT 'United States Tariff Commission to inves- tigate, 5326i. PARIS GREEN - º See Insecticides and Fungicides. PATRISH County includes, 2. PARITY ACT See Miºts. Coinage, 477, 6480–6487, 6567, 6825, 9675, 9709, 9713. PARKS See Abraham Lincoln National Park, or Reservation ; Crater Lake Nation- al Park: ; General Grant National Park: ; Glacier National Park: ; Ha- waii National Park: ; Lassen. Volcdºt- jo National Park: ; Mesa, Verde Na- tional Park: ; Mount Rainier National Park ; National Military Parks ; Na- tional Parks ; National Zoological Park: ; Potomac Park ; Rock Creek: Park Rocky Mountain National Park : Sequoia National Park; Wind Cave Naţional Park: ; Yellowstone National Park: ; Yosefnite National Park: ; Zoological Parks. Capitol grounds, see Capitol; Buildings and Grounds. - National Zoological Park, see Smith- sonian Institution. º Reservations, see Reservations, and ti- tles there enwmerated. Abraham Lincoln National Park, 5249q. Crater Lake National Park, 5228-5230k. Desert lands withdrawn for, 4719a. District of Columbia, 3353. Canals when filled to be part of, 3358a. Erection of buildings restricted, 3336. Potomac Park, 3361-3361b. - Rock Creek Park, 3359, 3360. Street intersection parks, 3363. Temporary control by adjoining land owners, 3353. Glacier National Park, 5247, 5248–5248m. Hawaii National Park, 52497-52491 m. Lassen Volcanic National Park, 5249e- 6249.i. Mesa, Verde National Park, 5237-5242. Mt. McKinley National Park, 52491-5249üu. Mount Rainier National Park, 5223-5227, 5227a-5227k. National military parks, 5282-5290. National Zoological Park, 10588–10591. Platt National Park, 5243–5246. Reservations in Oklahoma, 5023. Rights of way, in Alaska, 5088. Railroad, 4925. Tramroads, canals or reservoirs, 4943. Rocky Mountain National Park, 5249a- 52496. Sequoia National Park, 5207, 5208. Town-site entries for park purposes, 4802. Trespassers, 5207, 5208. Wind Cave National Park, 5231-5236. Yellowstone National Park, 5188—5206. Yosemite National Park, 5209-5222. Public PARLOR, CARS Internal revenue tax, 6309%a. PAROLE General provisions, 10535-10544. Application, 10537. Approval by Attorney-General, 10537. Board of Parole, clerk, 10536. Each penitentiary, 10536. Meetings, 10536. Members, 10536. Parole officer, 10541. Warrant for retaking prisoner, 10540. Convicts, 10535. Custody pending parole, 10537. Discretion, 10537. Expenses, 10539. Gratuities, transportation, etc., 10542. Inmates of, National Training School for Boys, 9407, 9408. National Training School for Girls, 9423, 9424. Life prisoners, 10535. Limits of residence, 10537. Officer, 10541. Each penitentiary, 10541. Appointment, 10541. Duties, 10541. Salary and expenses, 10541. Power of President to grant pardon or commutation not affected, 10544. Reports, 10537. Revocation, 10540. Supervision over by marshals, 10541. Terms and conditions, 10537. |United States prisoners in State reforma- tories, approval by Attorney-Gener- al, 10543. Parole under State laws, 10543. Return to home outside the State, Supervision over by United States marshals, 10543. Violation, 10538. Warrant for retaking, 10538. oº:: authorized to execute, 10539, †D+ 5. PAROHLE ACT See Pa'role. - Text of act, 10535–10544. PAROL EVIDENCE See Evidence. PARTIAL DISABILITY Employers’ Compensation Act, 8932bb. PARTIAT, INVALIDITY Bills of lading of interstate carriers, act relating to, 8604v.v. Clayton Act, 8835p. - Cotton Futures Tax Act, effect, 6309v. Espionage, etc., act, 105.14d. Federal farm loan act, effect, 9835y. Food conservation act, 31.15%00. Grain standards act, effect, 87.47%j. Mºrºy bird treaty act, 8837.j, Appendix 9 Prohibition in liquor traffic in District of Columbia, 342.1%q. Tariff Act 1913, remainder not to be held invalid, 53.17. United States Shipping Board Act, effect, 81460. Warehouse Act, effect, 87.47%p. War Finance Corporation and Capital Is- sues Committee act, 31.15%p. War revenue act, 6371%a. PARTIES See Crimes and Offenses. Administrator made party, 1592. - Civil rights, conspiracy to intimidate, 3933(2). - Commerce cases, 1005. Complainants, 1006. Conspiracy to intimidate, 3933 (2), 10306. Consular Officers, as administrator or guardian, 3.165. Bond, 3149, 3150. Contempts, 1245. Death, 1592, 1593. Defendants, absence in suits to enforce liens, etc., 1039. Part not served, 1032. Rºlent in different districts, venue, 1034. Equal rights of all persons to be, 3925. Executor made party, 1592. Indian allotments in severalty, 4214. Interstate commerce act enforcement, 8598, 8599. Equity proceedings for enforcement of tariffs, prohibition of discrimina- tions, etc., 8599. PARTIES (Cont'd) Intervention, commerce cases, 1004, 1005. Proceedings to enforce Clayton Act, Joinder, proceedings for enforcement of Orders of Interstate Commerce Com- mission, 8584. Service of process, 1032. Management of cause personally or by Counsel, 1249–1251. - Monopolies in restraint of import trade, additional parties, 8827, 8833. Partners, bonds in customs matters, 5549. States, priority, 1581. Suggestion of death of, 1593. United States, jurisdiction of district court, 991(1). w - United States Shipping Board order, ac- tion to enforce, 81469. Witnesses in Court of Claims, 1177. PARTITION Indian allotment, among heirs, 4227a. Laws in state or territories applica- ble after patent, 4.201. Jurisdiction of federal courts, where Unit- ed States is joint tenant, 991(25). Proceedings in suits where United States is one of cotenants, 1579. PARTNERSHIP Advances to, by War Finance Corpora- tion, 31.15% ee. Alien enemies, 31.15%aa. Change of name, 31.15%bb (b). Bankruptcy of, 9589. Pº in customs matters executed by, Excess profits tax, 6336%a-6336% o. Grain standards, acts of agents, chargeable to, 87.47%. Income tax, liable only in individual ca- pacity, 6336hſe]. On corporations not to include, 6336j. On individuals withholding tax at source, deductions and exemptions, how obtained, indemnity, 6336iſb]. Returns, 6336hſe], 6336xxx, 6336 y. Internal Revenue tax, annual return of property subject to, 5896. To pay but once, 5957. License as custom-house broker, 5550-5554. “Person” includes, 1, 3115/16a, 3115/16d, 31.15%cc, 31.15%p, 31.15%bb, 31.15%d, 31.15%aa, 6336%a, 7628h, 8146t, 8849. 8146a, Appendix p. 1789. y United States Shipping Board, when a citizen under act, 8146aa. 8146aa, Appendix p. 1789. PASS BOOKS See Postal Savings Depositories. Postal savings depositories, 7584-7597. PASSED ASSISTANT PAYMASTERS Advances, or loans by, forbidden, 2538. Clerks to, 2536. Commanders of vessels not required to perform duties, 2602. Navy, 2483. Bonds, 2531. Number, 2483, 2522, 2524, 2525. Promotion, 2528. Rank, 2670. Retirement, 2623. PASSED ASSISTANT SURGEONS See Medicine and Sºrgery. Navy, increase in number, 249 Number and rank, 2483, 2496, 2497. Promotions, 2497. Rank, 2668. Retirement, 2623. PASSENGER ACT OF 1882 See Passengers and Passenger Trans- portatio?". Carriage by sea, 7997, 7999-8006, 80.11-8015. PASSENGERS - AND PASSENGER TRANSPORTATION See China-Chinese ; Com/mon, Carriers ; Motor Boats : Stearn, Vessels. Alien immigrants, exclusion, etc., 4289%u. Chinese, 4290-4341. Army transport service, 1976. Assaults on passengers on trains in ter- Pitory subject to exclusive jurisdiction of United States, 10495. Baggage, bills of lading not required to be issued for, 8604a. Boarding vessel on arrival prohibited, 8006. - Certificate of voluntary immigration of certain aliens to he given by consillar officers, 4348. etc., 2a. 2491, 2492, 4241– GENERAL INDEx PASSENGERS AND PASSENGER TRANSPORTATION (Contà) Chinese, 4290-4341. Control by president in time of war, 1974a. Death of passenger, 8011. - Explosives not to be carried on passen- ger vessels, 8005, 8016. Inspection, baggage' of passengers arriv- ing in United States, 5812, 3. Vessels, 8012, Internal revenue tax, on passenger tick- ets for passage to port or place not in United States, etc., 63.18a, 6318h. On transportation of, amount, 6309%a. By whom payable, 6309%b. Computation, 6309%b. - Exemptions, 6309%b, 6309% c. Returns by persons, etc., subject to, 6309%d. Interstate Commerce regulations for safe- ty of travelers on railroads, 8605–8650. Licensed yachts not to carry, 7804. List of passengers delivered to customs officers, 8006, 8010. Ocean mail vessels, 7532. - Officers and seamen not to visit quarters, 8 transportation On, Ports or places in United States by for- eign vessels, prohibited, 8096. Possession by president in time of War, 74a. Reports of arriving in United States, 306. Steam vessels, 8225-8276. Steerage passengers, accommodations on vessel from foreign ports, 7997. Berths, 7999. Food, 8001. Light and ventilation, 8000. Vessels subject to Passenger Act, 8013. White slave traffic, 8812-8819. PASSES Exchange of by railroads for officers and employés, 8595. e * Forging, etc., naval, military or official pass, 10240c. Free passes prohibited, 8563. Interchange for officers, agents and end- ployés of common carriers, 8563. PASSPORTS - Application for, contents, 7628a. False statements in, 7628b. Oath, 7628a. e Citizens of United States, authority to is- sue, 7623. False pass-ports, punishment, 7628. Fee for issuing, 7625. Account of, 7626. Required to have, 7628e-7628h. Returns of passports issued, 7627. To whom issued, 7624. Entering Indian country, contents, 4131. False making, forging, etc., 7628d, 10240. Fees, 7628a. : Furnishing, etc., for use by person other than to whom originally issued, etc., 7628C. ' e Issuance, oaths º . amº 309. Jurisdiction of offenses, J. Lºt kJ . partial invalidity of act, effect, 105.14d. Penalty for violation, 7610. Persons having pass-port to be refused entrance where issuance results in det- riment to labor, 4289%b. Prosecutions under prior 105.14c. -. Secretary of State to issue to persons making declaration of intention, to be- come citizens, duration of validity, 3958. United States defined, 10514a: . . Use, etc., of passport in violation Of COn- ditions, etc., 7628C. laws, etc., Use, etc., of passport issued, etc., to an- | other, 7628c. • - - Use, etc., of passport obtained through false statement, 7628b. . Vessels, in foreign trade, consul on arrival at foreign port, 8055, 8056 Of United for, 8052. Ugºgistered, sailing with sea letter, 8054. - States going abroad, bond PASTURAGE On Indian reservation, proceeds covered into Treasury for benefit of tribe, 4072. PATENT AGIENTS Refusal to recognize for gross miscon- duct, 750. PATENT DECISIONS Number of copies, etc., 7093. deposit with [Page 2234] PATENT LAWS . Judgments of circuit courts of appeals final. 1120. PATENT OFFICE . See Cominissioner of Patents : General provisions, 735-760. *ś examination of by Auditors, Advertisement and contracts for litho- graphing and engraving, 755. Annual report of Commissioner, 758. Application for patent filed in, 9432. Assignments recorded in. 9439. Trade-marks, 9495. Assistant examiner, librarian, 739b. Bond of Commissioner and chief clerk, 741. Chief clerk, bond, 741. Qualification, 738. Salary, 669. Chiefs of division, 739c. 739c, Appendix p. 1744. Clerks, nomination and appointment of, Patents. Commissioner of Patents, 735-760. evidence, right to haye, 1505. ... Collections of exploring expedition, 759. . Copies of patents, exchange with Domin- ion of Canada, 757a. Custody of books, records, etc., 743. Decision of court of appeals for District of Columbia, on appeal to be recorded in, 9459. Designation of agent for service of pro- cess upon foreign owner of trade-mark filed in, 9488. Disbursements, who to make, 760. Disclaimers recorded in, 9462. Divisions chiefs, appointment and salary, 7396. - Drawings for patent filed in and copy fur- nished by, 9433. - Employees, nomination and appointment of, tº Not entitled to patents for inventions, 9441 . Salaries, 669. Establishment of, 735. Duties, 744. Qualifications, 744. gº Salaries, 737, 738. - Examiners in chief, appointment and sal- aries, 736, 738a. Exclusion of patent-agents for miscon- duct, 750. Extensions, claim for, to be heard by ex- aminers-in-chief, 744. Facilities for research accessible to stu- dents, etc., 9382, 9383. Financial serk, appointment and Salary, 739a. . - 739a, Appendix p. 1744. Bond, 673, 739a. Illegible papers may be printed at ex- pense of party filing, 751. - Interior Department, part of, 735. Law examiners, appointment and Salary, 738a. - Librarian, appointment and salary, 739b. 739p, Appendix p. 1744. As assistant examiner, 739b. Library of, 749. Models, classification, arrangement, etc., of, 746. . Disposal on rejection of application, 748. - To be retained, 747. Notice of appeal from commissioner filed in, 9457. Officers, interest in patents prohibited, ex- cept, 742. Nomination and appointment of, 736. Not entitled to patents or inventions, Official Gazette, number of copies, distri- bution, 7093, Opposition to registration of trade-mark filed in, 9491. - Pamphlet copies of rules of practice, pat- ent laws, etc., 7093. - “Usual number” not to be printed, 7093. - Patent records, etc., to be kept in, 735. Price of uncertified copies of specifica- tions and drawings, 756. Printing, additional copies of specifica- tions and drawings for sale, 754. Authority of Commissioner of Pat- ents to continue, 7093. Copies of claims, laws, decisions, etc., for information of public, 752. Registration Copies of books, records, etc., in, when [References are to sections, except where otherwise indicated.] PATENT OFFICE (Cont'd) Printing (Cont'd) • ‘. . Public Printer to do, 7094. Specifications and drawings for dis- - tribution, 753. - Recording of assignments, etc., 9444. of certificates of trade- marks and patents at Panama-Pacific Exposition deposited in, 9525. Regulations for by commissioner of pat- ents, 745. - - Salaries, 669, 737-739. Seal, g Affixed to certificate of registration of trade-marks, 9496. 1 : . r Attached to certified copies of patent specifications and drawings, 7093. Sealing and recording of patents, 9427. Binding of documents for, 7158. Trade-mark applications filed in, 9485. Typewriters, temporary services, 7396, Appendix p. 1744. JPATENTS See Evidence; Patent-Office. Lands, see Land Patents. - Abandonment of invention, 9429a. Accounts relating to, Auditor’s examina- tion, 420. Actiºn, for infringement of, on case, Against United States, 945, Appendix p. 1798. . . . . Affidavits, rules for, 9450. Aircraft, purchase, etc., of, 3115/32f. Appeals from, Commissioner, determina- tion of and effect, 9459. Commissioner to Court of Appeals for District of Columbia, 9456. Bººner-in-chief to Commissioner, Ö.' Primary examiner, to board of exam- iners in chief, 9454. Application, description, specification and Claim, 9432. Extension of time on account of war, defaults within scope of exten- sion, 9438c. Person who may take advantage of, 9438b. Fees, 9482. .." . Invention, by government officer for public use, 9441. Previously patented abroad, 9431. Requisites, 9432. Time for completion, 9438. Extension on account of war, peri- od granted, 9438a. Government patents abandoned, 9438. Army officers’ inventions, forbidden, 3089. Assignee of inventor entitled to, 9439. Assignments, conveyance of territorial right, recording of, 94.44. - Assistant examiners, salary, 739b. Attestation, 9427. Authentication, 740. . Bill in equity to obtain, after refusal, * not to be Inotice to prevent, expenditures Boiler inspectors, disqualification for in- terest in patented article, 8633, Appen- dix p. 1794. Chiefs of division, ary, 739c. - Commissioner, may refuse to recognize person as patent agent for gross mis- conduct, 750. appointment and sal- Condemnation of patented process for nitre plants, 3110b. Cºsºs. powers (Const. art. 1, § 8, CI Contents, 9428. - Copies, exchange with ada, 757a. When evidence, 1505–1507. Costs, when not allowed in recoveries for infringement of part of, 1614. Court of claims, Suit in for infringement by government, 9465. 9465, Appendix. p. 1798. Death of applicant, 9440. Department heads may request expedition of consideration, 9442. Depositions, rules for, 9450. Design, general law applicable, 9481. Issuance authorized, 9475. Penalty for infringement, 9476, 9477. Term, 9479. , Disclaimer, making, recording, etc., 9462. Draw; applicant to furnish, when, Dominion of Can- GENERAL INDEX [Page 2235I [References are to sections, except where otherwise PATENTS (Cont'd) Drawings (Cont'd) Copies of, fees for, 679, 757. - Copy annexed to patent, 9428. Patented design, 9478. Printing, binding, number of copies, distribution and sale, 7093. Repeal of provisions respecting distri- bution, etc., 7129 Duration, 9428. Enemy or ally of enemy, 31.15% ee. Evidence, see Evidence. Examination of invention, etc., 9437. Examinºrs, in charge of interferences, Salaries, 669. Exhibits at Panama-Pacific Exposition, duration of protection, "9529. Infringement, 9526–9528. Extensions, claims for, to be heard by examiners-in-chief, 744. Designs issued prior to 2d March, 1861, 94.80 Patents granted prior to 2d March, 1861, 9470-9474. Fees, amounts, 9482. Mode of payment Refunding of, 9484 Finality of decision of court of appeals, District of Columbia, 1227. Forgery of letters patent, 10191. Indexing of patents, relating to electrici- ty and foreign patents, 7093. “Usual number” not to be printed, of, 9483. 7093. Indian lands, partition among heirs, 4227a. Infringement, action on case, 9464. Designs, penalty, 9476, 9477. Exhibits at Panama-Pacific Exposition, 9526–9528. Injunction, 9467. Infringement by enemy, 31.15% ee (f, g). Suit against government, 9465, Ap- pendix p. 1798. Suit for where claim in specification is too broad, 9468. Venue, 1030. Insanity of applicant, 9440. Interferences, 9449. Suit in equity, 9463. Inventions, by government officers for public use, 94.41. Patentable, 9430. - Previously patented abroad, 9431. Jurisdiction, district courts, 991(7). Exclusive, 1233 (5). Keeping Secret inventions, 31.15%ee, 31.15% (i), 9429a. Labeling of patented article, 9446. Librarian, 739b. Marking of patented article, 9446. Models, designs, when dispensed with, 9478. Removal from capitol office buildings authorized, 3380a. * To be furnished, 9435. Notice of, appeal to court, 9457. Rejection of claim, 9448. Oath of applicant, 9436. Officers of lighthouse service, not to be interested in patents relating to, 8457. Pamphlet copies of rules of practice, pat- ent laws, etc., 7093. & Panama-Pacific Exposition exhibits at, 9526–9529. Penalties, infringement of designs, 9476, 9477. Marking, contrary to law with intent to deceive, etc., Pleading, infringement, 9466. Previous use of invention in foreign country not to avoid, 9469. Printing of patents and copies, 7093. Proceedings on, appeal from Commis- sioner, 9458. Proof of notice of infringement in suit for damages by party failing to mark or label, 9446. Purchaser of article before application entitled to use, 9445. Recording, 9427. - Registration at Panama-Pacific Exposi- tion, 9525. * Registration of prints and labels, 9517a. Re-issue, several patents for parts of patented article, 9461. When defective, 9461. Renewal of application in case of failure to pay final fee in season, 9443. Report of Commissioner of, 758. re-examination, , PATENTS (Cont'd) Restriction upon Patent-Office officers and employees having any interest in, 742. Specifications for patents, copies, annex- ed to patent, 9428. Fees for, 757. F; for certifying printed copies of, Foreign letters-patent, when and of what evidence, 1506 Gratuitous distribution, when and of what " evidence, 1507. Inventor to sign on application by assignee, 9439. Printing, binding, number of copies, distribution, and sale, 7093. Printing for distribution to States and for sale, 753–756. - Recovery for infringement, etc., when specification too broad, 9468. . Reissue of patents, 9461. Repeal of provisions respecting distri- bution, etc., 7129 Requisites, 9432. **Usual number” 7093. Specimens of ingredients and composi- tion, 9.434 Supervision of business relating to, Secretary of Interior, 681. Time for, completing application, aban- donment, 9438. rºse and payment of final fee, 94 not to be printed, Trial of issues of fact, 1586. Trustee in bankruptcy, title of, 9654. Use of invention by government, com- pensation, 9429a. Vessels of War, recommendation of pat- ented articles by board of visitors, 2778. Withholding grant of, during war, 9429a. Witnesses in contested cases, disobedience to subpoena, or refusal to testify, ex- cuse, 9453. Fees of, 9452. Subpoenas for, 9451. PATROL Waters frequented by fur seals, 8846. PATTERN MAIKERS Coast and Geodetic Survey, salaries, 8561a. PAUPERS See Costs. Census, statistics, 4387. Exclusion from United States, 4289%b. Suits in forma pauperis, 1626–1630. PAWNBROKERS - Special excise tax, nonpayment a misde- meanor, 5.980j. Records, statements and returns, 5980k. Who regarded as, 5980c. PAY See Compensation ; Fees ; Mileage ; Pay Corps ; Pay Department ; Pay of Army : Pay of Militia ; Pay of Navy : Salaries ; Travel, Pay and Eacpeºvses. Cadets in Revenue cutter service, state- ment of in annual estimates, 6693. Cº. of division of hygienic laboratory, 144. Director of hygienic laboratory, 9145. Employés, National Home for Disabled Volunteer Soldiers, 9244. Officers, detailed for duty in leprosy hos- pital, 9187, 91.88. National Home for Disabled Volunteer Soldiers, 9244. * Revenue Cutter Service, statement of in annual estimates, 6693. PAY CIERKS See Pay Corps ; PAY CORPS See Pay of Navy. Acting paymaster, 2529. Agºement of lower grades of officers, a. Advances and loans by officers, 2538. Appointment of officer to assist chief of bureau of Supplies and account, 638. Appointments, 2526. At sea, 2529. Bonds of Officers, 2531-2533. % Clerks, 2534-2536. Distribution of commissioned officers to, 2483c-2483e. Loans to Officers, by paymasters, 2538. Military command by officers, 2682. Naval militia, disbursing officer to be member of, 3078a (12). JPay Departºnent. by indicated.] PAY CORPS (Cont'd) Number of commissioners officers, 2483b. Officer detailed to assist chief of bureau of Supplies and accounts, pay, 639. Pay º acting pay clerks, number of, C. Appointment from enlisted men, 2537a. Chief clerks, limitation as to age, 2587d. Number of, 2537c. Pay, 2708a. Promotion, 2708a. Rank, pay and allowances, service as enlisted men, 2537b. Commission of member of fleet naval reserve as, 2900%b (8). 40 Limitation as to age, 2537c, 2537d. Marine Corps, 2916a, Appendix p. 1767. Number of, 2537c. Pay, allowances, 2537a. Paymaster's clerks may be appointed, Without Service as enlisted men, 2537a. Prior service, length of, 2537c. Tºls changed from paymaster’s clerk, 537 a. Pay directors, number, 2522. Rank, 2670. Pay inspectors, number, 2483, 2522. Rank, 2670. Paymaster general, 2665. Absence, etc., of, 638, 640. Duties respecting returns of public property, 439, 440. * Paymasters, accounts how settled, 455. Accounts to be accompanied by con- ;" certificate as to prices, etc., 73. Acting, appointments at sea, 2529. When office vacant in ship at sea, pay, 2842. Assistant paymaster, retirement, 2623. Assistants, no preference in appoint- ment of pay clerks, 2537d. Number, 2483, 2522, 2524, 2525. Qualifications, 2527. Rank, 2670. & Clerks, 2554b. Repeal, 2537e. Title changed from paymaster’s clerk to pay clerks, 2537a. Commanders of vessels not required to perform duty, 2602. Fleet, designation, 2530. Loans forbidden, 2538. Marine Corps staff, 2906. Assistant, 2911, 2913. Number, 2483, 2522, 2524, 2525. Passed-assistant, number, 2483, 2522, 2524, 2525 Rank, 2670. Rank, 2670. Retirement, 2623. Promotion, 2528. Rank, 2523, 2670, 2682. Retired marine corps, transferred to, 2952b. Retired officers, 2647. Storekeeper at naval academy, from, 2749. - PAY DEPARTMENT See Pay of Army. Bonds of officers, 1966. Disbursing officers, 1967. Renewal and increase of, 6638. Chief of Staff to have supervision, 1763. Composition of, 1797. Insane persons admitted to insane hospi- tal, 9301. Nurse corps, to be paid by, 1831. Officers, right of command, 1805. Part of army, 1717. Pay clerks, 1779. Commutation of quarters, 21.18a, 2118b. Quartermaster Corps, 1783. Aºtment as Second lieutenants, officers may be detailed Rank, pay and allowances, 1784. Paymaster-General, allotments of pay by enlisted men of army, 2170. - Assistant, 1797. Chief clerk, salary, 314. Claims of colored soldiers, etc., to be paid under his direction, 3969. Deputy, 1797. Duty, 1803. Duties, 1801, 1802. Mileage for army officers, tion, 2126. Pay Department, 1797. Quartermaster Corps established br consolidation of offices, 1779. Supreme Court reports for, 1203. computa- GENERAL INDEX IPage 2236] [References are to sections, except where otherwise PAY DEPARTMENT (Cont'd) Paymasters, accounts, audit of, 1802. Accounts, settlement of, 448, 449. Advance bounties paid by allowed, 448. Armories, bond, 3083. Clerks, 1802. Articles of War applicable to, 1800. Pay, 1799. . Mileage, 2132. . Sea travel expenses, 2126. Retirement, 2051. Salaries, 1798. Duties, 1804. Overpayments by, when allowed, 449. Volunteer army, 2034, 2035. Promotion, 1905. Quartermaster Corps established by solidation, 1779. Officers to perform duties, 1779. PAYING TELLERS T'ublic printers’ office, 6983. PAYMASTER GENERAL Army, see Pay Department. Navy, see Pay Corps. PAYMASTER-GENERAL’S JNT See Pay Corps ; PAYMASTERS See Passed Assist Gºvt. Payºn asters. Army, see Pay Department. - Navy, see Pay Corps. Claims, jurisdiction of Court of Claims, COIl- IDEPART- Pay Department. Decrees on accounts of, 1138. District superintendents, life saving serv- ice, 8522. Public printers’ office, 6983. IPAYMENT See Homesteads ; Lawful Money : Le- gºal Tender ; Postage. Income tax, 6336iſa]. Wages of seamen, partial payment at ports, 8322. PAYNE-ALDRICH ACT See Collection of Dºwties on Imports and Cross-References there wºnder. Tariffs, 519, 1179–1190, 5593, 6169, 6174, 6175, 6202, 6204, 6824, 6828, 7811, 7812. PAY OF ARMY See Pay Departmvent. Absence, 2104-2110. 10, Appendix p. 1758. * Forfeiture of pay, 2111. Accountant for Inspector General’s De- partment, 1774. Accounts of paymaster, settlement of, 448, 449. Additional pay, certificate of merit, 2157. Officers, providing their mounts, 2092. Adjutant, 2089. Aid to, brigadier-general, 2089. Major-general, 2089. Allotment, 2170a. Allowances, 2114-2137. Armory officers and clerks, 3080–3084. Claims for disallowance of, 450. Payment of, 451. Army Mine Planter Service, warrant of- ficers, and enlisted men, 1731aa, Ap- pendix p. 1746. Arrears, 2197, 2204, 2205. Artificers, 2144. - Of artillery and infantry, 2143. Artillery, non-commissioned staff officers, 215(). Artisans, 2159. Assignment of pay, 2166-2.168. Assistant band leaders, 2.144a, Appendix p. 1759. Assistant to Chief of Bureau of Insular Affairs of War Department, 347. Assistant engineers, Coast Artillery Corps, 2144a, Appendix p. 1759. Attorneys fees, not to be deducted from claims for, 453. Aviation duty, 2098. Aviator, 1860. Officers, 1860, 1867k. Student, 1867c. Band leaders, 2144a, Appendix p. 1759. Bands, 2147. Battalion, quartermaster-Sergeants, engi- neers, 2144. Quartermaster-Sergeants, field artil- lery, 2144 Sergeants-major, engineers, 2144. Field artillery, 2144 - Infantry, 2144, 2151. Military academy, 2275a, 2275b, Appendix p. 1759. Disciplinary bººks. PAY OF ARMY (Cont'd) Battalion (Cont'd) - sºy Sergeants, 2144a, Appendix p. Beneficiaries of deceased officers or en- listed men, 2.165. BlackSmith, 2144. Bounties, 2204, 2205. - Bºted officers not entitled to increase, Brigadier-general, 2089, 2090. § Quarters of, 2118-2118C. Buglers, 2144a, Appendix p. 1759. Canal Zone service, 2097. Captains, 2089, 2090. Quarters of, 2118–2118C. Captivity, 2162. Casemate electricians, 2146. Cavalry, band, 1718. Non-commissioned staff officers, 2149. I Certificates of merit, additional pay, 2157. Chaplain, 1868, 1868a, 1874, 2089, 2099. Volunteer, 2026.e. - Charge against fund “pay of Army” of detained pay, 6749. Chief, Bureau of Insular Affairs of War Department, 346. Bureau of Insular Affairs of War De- partment, assistant, 347. Additional assistant, 348. Coast Artillery, 1731-1731b. Loaders, 2146. - Mechanics, 2144. Musicians, 2143, 2147. . Ordnance officer, detail to staff of ar- my, corps of division commander, A 1848a. Planters, 2146. Record and Pension Office, 336. Staff corps, etc., 2090b. Staff corps or departments appointed to vacancy, 1905. Trumpeter, 2.147. Civilian employés in gun factories on lºe of absence, 3084b, Appendix p. 770. - Clerks, 2159. Philippine service, 2097a. Clothing allowance, 21.78–2183, 2196. Coast artillery corps, 1731, 1731a. Colleges, detailed to, 2284-2295. Colonel, 2089, 2090, 2112, 2143. Colored soldiers, marines, etc., 3969. Color-sergeants, 2144. - Commissary-sergeants, 1794. Cavalry, 2149. Infantry, 2151. Commutation, forage to officers, 2115. Fuel to officers, 2116. - Officers serving on Alaskan Board of Road Commissioners, 3594a. Ray, 2199. - Quarters to officers, 2118–2118C, 2121, - 2122, 2126, 2131. - Rations for, cadets, 2267. Hospital matrons, 2142. Continuous service pay, 2044.j, 2155. Computation, 1891a. - Enlisted men discharged from army to accept commissions in National Guard, 1891c, 1891d, 1891.dd. Cooks, 2144, 2144a, 2152. 2144a, Appendix p. 1759. Corporals, 2144, 2144a, 2.147. Corps of Engineers, battalion adjutants, quartermasters and commissaries, 1842. - Sergeants, 1842, 1842a. Coxswains, 1731a. * Cº.; to naval officer for service in army, 2817. - Pºsed officer, or enlisted man, 2165, 220. 3. - - Deductions, 2156. - Alteration of clothing, 218.1. Clothing allowance, 2190. Damage to arms, 2191. Pºte property, etc., 2308a, art. Teficiency of supplies, 2192. Laundry work, etc., for recruits, 2183. Rations purchased, 2187, 2188. Tobacco purchased, 2189. Dental surgeons, 1833, 1833a, 1833b. Depºsit of soldiers' savings, 2193–2195. Deserters,’ 2303, 2306. - Diplomatic or consular fees, acceptance of, 2065. guards, 2458a.(4). Drum-majors, 2147. Duplicate certificate voucher, 324. of discharge as Gun commanders, indicated.] PAY OF ARMY (Cont'd) Electrician-Sergeants, 2144. * Engineer corps, officers, mileage, 2130. River and harbor improvements, 1841. Engineers, 2144, 2144a. Enlisted men, 2044.j. Additional pay, 2146. Arimy reserve service, 1892. ASSignment of, 2168. Aviation section, 18671. Bands, 2.147. Cºutins continuous service pay, Continuous service pay, 1891c-1891dd, 2145, 2154, 2155. - Discharge, 2126. - First enlistment, 2144, 2144a. Furloughed soldiers, 1892. Military academy, extra pay, 2275d, Appendix p. 1760. - Other than of regular army, 2091a, Appendix p. 8. Privates, 2144a, Appendix p. 1759. First-class, 2144a, Appendix p. 1759. Rations, 2172–2177. - • Reenlisted men discharged from army to accept commissions in National Guard, etc., 1891c, 1891d. Re-enlistment and continuous service pay, 2145, 2154, 2155. - Signal service, 1867m, 2121. Enlisted reserve corps, 1892e. 1892e, Appendix p. 1750. Expert military telegraphers, 2144a, Ap- pendix p. 1759. Expert riflemen, 2146. Extra duty pay, 2158-2161a. Extra pay for service on Coast and geo- detic survey prohibited, 8553. False certificates, 2308a, art. 56. False claim against United States, by persons in military service, 2308a, art. 94(1-6). Farriers, 2144, 2144a. 2144a, Appendix p. 1759. Field artillery, officers and enlisted men, 1737, 2144, 2144a. 2144a, Appendix p. 1759. Field clerks, 1980a. 1980aa, Appendix p. 1755. Quartermaster corps, 1788c. Firemen, 2144. First-class gunners, .2146. First-class military telegraphers, Appendix p. 1759. Fººge to officers, 2115, 2116, 2120, 2124, 2144a, Foreign service, 2094-2097. Forfeiture, for absence, 2111. General Staff Corps for encroachment upon work of War Department, 1762a. - Pay of superior permitting officer to remain detached, 1999, 1999c. - Fuel to officers, 2116, 21.17. Generals, 2090a. . Graduates of Military Academy, 2091. Promoted, 1914. 2146. Gunners, 2144. Gun pointers, 2146. Hawaii service, 2097. Headquarters clerks, 1980a. Heat and light for quarters, 2123. Horses, etc., in service, 6390-6403. Horseshoers, 2144a, Appendix p. 1759. Field artillery, 1736a. Hospital matrons, 2142. Increase, aviation duty, 1860, 2098. Aviation section, aviator, 1860. Aviation student, 1867c. Enlisted men, 1867c. . Breveted Officers, 2103. Enlisted reserve corps, 1892e. Foreign service, 2094-2097. Length of service, 2099-2102. Medical COrps, 1818. Medical department, privates first class, 1829a. Officer exercising higher command than his grade, 2093. Officers’ reserve corps in time of hos- tilities, 1881b. Retired officers, 2139. Service of army transports in Philip- pines, 2096. Indian scouts, 1755, 2141. Indorsees of officers pay accounts by checks, 2202. - GENERAL INDEX # [Page 223.71 [References are to sections, except where otherwise indicated.] PAY OF ARMY (Cont'd) Infantry, gºliated men, 2144a, Appendix p. 17 Non-commissioned staff officers, 2151. Regimental sergeant-majors and quartermaster-Sergeants, 2153. Regiment officers, 1738, 2144, 2144a. Inspeº; general, accountant, mileage, Accountant, sea travel, expenses, 2126. Department, expert accountant, 1774. Inventions, expenditures forbidden, 3089. Junior military aviators, 1860. Laborers, 2158, 2159. Laundry men, 2183. Lieutenant, 2089. Lieutenant-colonelº.2089, 2090, 2112. Quarters of, 2118-2118C. Lieutenant Generals, 2090a. Lieutenants, 2090. Quarters of, 2118-2118C. Longevity pay, computation to include detail to active duty of retired officer, 2101a. Major, 2089, 2090, 2112. Major-generals, 2089, 2090. Quarters of, 2118-2118C. Marksmen, 2146. Master electricians, 1726, 2144. Master engineers, 2144a, Appendix p. 1759. Master gunners, 2144. Master hospital sergeants, 2144a, Appen- dix p. 1759. Maximum, colonel, lieutenant-colonel, 2. Mechanics, 2144, 2144a, 2159. 2144a, Appendix p. 1759 Medical corps, discharged Officers, 1807. Reserve corps, 1818. Retired officers, 1818. Surgeons, 1812. - Messengers, Philippine service, 2097a. Mess-sergeants, 2144, 2144a. 2144a, Appendix p. 1759. Mileage, graduates of Military Academy, 2183. Officers, 2126, 2128-2132. Military academy, adjutant, 2259. Assistant librarian, 2269. Band, 2270, 2271. 2270, Appendix p. 1759. Battalion sergeant major, 2271a. Board of Visitors, 2251, 2252. Cadets, 2234, 2238, 2265, 2266. Filipinos, 2234. Rations, 2267. f Traveling expenses, 2268. - Chapel organist and choir-master, al- lowances, 2219a. Chaplain, 2219. Clerk in adjutant’s office, 2275. Commandant of cadets, 2258. Custodian of gymnasium, 2220. Engineer detachment, 2274. Enlisted men, band, 22.71. Philosophical and chemical depart- ments and lithographic office, 2275. Filipinos, 2234. Graduates, mileage, 2133. Instructors, 2261, 2262. Librarian, 2269. Master of the Sword, 2263-2264a. Non-commissioned officer, enlisted men employed, 2275. In charge of mechanics, 2275. Overseer of water Works, 2277. Professors, 2208, 2213, 2214, 2216, 2229, officer, 1810. Leave of absence, 2253. Quarter-master and commissary for Cadets, 2218. Rations for cadets, 2267. Superintendent, 2258. Military aviators, 1860. Młºry telegraphers, 2144a, Appendix p. 759. Monthly payments required, 2113. Mounted officers, purchase of horses on change of station, 2134. Mounts for Officers, 2092. Musicians, 2144, 2144a, 2145. 2144a, Appendix p. 1759. Nurse corps, 1832e, Appendix p. 1748. Chief nurses, 1832. Nurses, 1832. Superintendent, 1831, 1832, 1832a. Observers, 2146. - Officers, 2044.j. Additional salary prohibited, 8455. PAY OF ARMY (Cont'd) Officers (Cont'd) Advances to when ordered to and from sea or shore duty beyond the Seas. 2841a. Detailed for light house service, trav- eling expenses, 8456. Other than of regular army, 2091a, Appendix p. 1758. Officers’ Reserve Corps, 1881a. Duty in time of hostilities, 1881b. Lieutenants of medical section, active duty, 1881a. Medical section, first lieutenants, ac- tive duty, 1881a. Training duty, 1881c. Ordnance bureau, principal assistant, 2143. Ordnance department, employees, 3084, 84a. Employees, reward for Suggestions, 3090 Paymasters, clerks, 1779, 1799. Clerks, mileage, 2132. Sea travel expenses, 2126. Settlement of advance bounties paid by, 448. Payment, advance to troops about to em- bark, 2198. Arrears, 2204, 2205. Periods of, 2197. Rules for division of time and compu- tation of pay, 2499. Signal Corps, 2201. Transmission by mail or express, 2200. Philippine service, clerks and messengers, 2097a. Constabulary, chief and assistant chiefs, 1743. Militia, drafted into federal serviee, 3048a. Officers and men, 1741. Scouts, 2155. Service, 2096. Plotters, 2146. Porto Rico service, 2097. Regiment of infantry, 1745, 1753a. Officers and men, 1746, 1753a. Post commissary-sergeants, 2144. Post ordnance-sergeants, 2144. - Post Quartermaster-sergeants, 2144, Principal musicians, 2147. Prisoners of war, 2162. oºmaster Corps, enlisted men, 1780, 788b. Quartermaster sergeants, 1787. 2144a, Appendix p. 1759. Artillery, 2144. Cavalry, 2149. Engineers, 2144. Infantry, 2144, 2151. Quarters to officers, 2115, 2117, 2119, 2121- 2123, 2126, 2131. - Radio, Sergeants, 2144a, Appendix p. 1759. Rations, 2172–2177. Recruit depots, detail, 2010, 2010a. Regimental commissary-sergeants, 2144. Regimental quartermaster, 2089. Regimental quartermaster-sergeants, 2144. Cavalry, 2149. Regimental sergeants-major, 2144. Cavalry, 2149. Regimental supply sergeants, 2144a, Ap— pendix p. 1759. Regular army reserve, 1892b, 1892c. Repeal of act prohibiting payments to certain disloyal members, 6387a. Retired enlisted men, 2082–2084. Detailed to reserve Officers’ Corps units, 1881j. Recruiting duty, 2026.h. -* Retired officers, 2064-2067, 2074–2076, 2078, 2080, 2080a, 2080b, 2081, 2138, 2140. Active duty, 2080a, 2080b. 2080a, Appendix p. 1758. Advancement, 2068a–2068d. Chief of, Coast Artillery, 1728. sº, corps or departments, 1906. Detail, to active duty, 2101a. To colleges, 2284, 2285, 2287, 2288, 2290, 2293, 2295. Reserve Officers’ units, 1881i. Increase of pay, 2139. Medical reserve corps, 2049. Mileage, 2126. Militia service, 2076, 2077. - - * Officers, reserve corps not entitled to, 1881b, 18810. Persons receiving retirement pay not to receive compensation under War Risk Insurance Act, 514ttt. training 1905, training corps PAY OF ARMY (Cont'd) Retired officers (Cont'd) Philippine scouts, 2049a. Recruiting duty, 2026l. Service with Isthmian Canal Commis- Sion, 2049b. Temporary second lieutenant from offi- cers’ reserve corps not entitled to, 18814. Veterinary corps, veterinarians failing to pass physical examination, 1724a. Saddlers, 2144, 2144a. 2144a, Appendix p. 1759. School teachers, 2,159. Sea travel expenses, 2126. On discharge, 2163, 2164, 2164a. Second class gunners, 2146. Sergeant buglers, 2144a, Appendix p. 1759. Sergeant-major of cavalry, 2149. Coast artillery, 2144. Infantry, 2151, 2153. Sergeants, 2144, 2144a, 2147. 144a, Appendix p. 1759. Assignment of pay, 2.168. Band Sergeants at military academy, 2270, Appendix p. 1759. Cavalry, artillery and infantry, 2144, 2144a. Engineers, ordnance and Signal Corps, 2144, 2144a. 2144a, Appendix p. 1759. Hospital Corps, 2144. 2144a, Appendix p. 1759. Infantry, 2153. Mºiſſºl, Department, 2144a, Appendix D. * Ordnance, clothing, allowance, 2179. Signal Corps, 2144. Service pay, 2099-2102. Set off of indebtedness due United States against, 3240. Settlements when line officers are unable to account for property, 446. Sharp shooters, 2146. Signal corps, chauffeur, 1867h. Chief of telegraph and cipher bureau, 1864. Officers, 1867m. Privates, 1861. Signal service, quarters for officers and men, 2121. Squadron sergeants-major, 2144. Cavalry, 2149. Stable-sergeants, 2144, 2144a. 2144a, Appendix p. 1759. Stenographic reporters for courts martial, etc., 2015. sºy Sergeants, 2144a, Appendix p. Surgeons, Sea travel expenses, 2126. Traveling expenses in Alaska, 2127. Suspended sentence of dishonorable dis- charge, effect, 2162a. Teamsters, 2159. Transportation for officers, 2137. Excess baggage, 2135. Horses on change of station, 2136a. Travel allowance, 2126, 2127. On discharge, 2163, 2164, 2164a. Expenses in Alaska, 2127. Trumpeters, 2144, 2145. Trusses, 2184-2186. S. Disciplinary Barracks Guards, ex- tra, duty pay, 2161a. veterºgan, quartermaster’s department, 785. 2.136, Sea travel expenses, 2126. Veterinary crops, 1724a. Veterinarians failing to pass physical examination, 1724a. Volunteer army, 2026.j, 3045. Continuous service pay, 2154. Extra pay, 2038. Officers discharged from service, 2041. Volunteers, 2026a–2026.j, 2171. Extra pay, 2039. Vouchers for duplicate, certificates of dis- charge, 324. Wagoners, 2144a, Appendix p. 1759. PAY OF COAST GUARD Cadets, 8459%b (34%), Appendix p. 1794. Civilian instructors, 8459%b (19%), Appen- dix p. 1793. Continuous service, pay, 8459%a.(3). District superintendents, 84.59%a.(2%), Ap- pendix p. 1793. - Existing laws relating to Life-saving Service and Revenue-cutter service, ap- plicable, 8459%a (3). Officers on sea or foreign shore duty, 8459%a (3%), Appendix p. 1793. GENERAL INDEX PAY OF COAST GUARD (Cont'd) Retired officers, active duty, 2653c, 2653d, Appendix p. 1763. Warrant officers, retired officers on a C- tive duty, 2653c, 2653d, Appendix p. 1763. PAY OF MIHH.ITIA - Attendance at instruction camps, 3066b. Attendance at military service Schools, 3072b. Attendance at training camps, 3072a. Deductions for property lost or destroyed, 3044v. * Enlisted men, restrictions on expenditure of appropriations, 3044v. Forfeiture by courts-martial, 3049b–3049d. Helpers for care of equipment, 3062b. National naval volunteers, service of TJnited States, 3078b (5). Naval militia, actual service, 3078a (28). Aºunce at military schools, 3078a. Encampment, maneuvers and field in- struction in connection with regu- lar navy, 3078a.(21). Forfeiture by court-martial, 3978a. (45–47). Retainer pay, (11). Enlisted men, 3078a (9). Mode of payment, 3078a (12). Not to be paid before qualification, 3078a (10). Officers, 3078a (8). United States service, 3078a (36, 37). Officers, 3044u. Detailed to militia bureau, 3074b. Payment of men enlisted by state author- ities to date of muster in, 3052a. Reservists, 3044.p. - Service, attending military schools, 3068. Encampments, 3066, 3067. United States, 3052. PAY OF NAVY See Pay Corps. Absence from duty, 1765. Acting paymaster, 2842. Additional allowance forbidden, 2833. Admirals, 2471aa, 2814, 2824. 2471aaa, Appendix p. 1761. Advances to persons on distant stations, 2841. computation of, 3078a. 2900a, Appendix p. Aids to rear-admirals, 2826. Allotment of officers, 2872. Allowances on death of officers or en- listed men to widows, etc., 2870. Amendment of Act Māy 22, 1917, c. 114, §§ 4, 5, not to affect, 2483ii, Appendix b. 1761 - Appropriation for hire of . Quarters for submarine officers, 6761a, Appendix p. 1781. Report of expenditures from, 649. Ajars of pay, regulation of payment of, Assignment of wages, 2873. Assistant, bureau of medicine and Sur- gery, 642. - Chief, Bureau of navigation, 631. Ordnance, 632. Supplies and accounts, 639. Civil engineer, 2830. Attorneys’ fees, not to be deducted from claims for, 453. Aviation duty, 2823. Students, 2823. Bands, 2900. Boatswains, 2708, 2816. Captain, 2814, 2817. Carpenters, 2708, 2816. Change by congress, 2815. * Chaplains, 2675, 2828, 2829. f - Acting chaplains, 2541a. Commissioned from acting chaplains, ... 2541c. Chief, boatswains, 2708. Bureaus in navy department, 2843. 2843, 2843aa, Appendix p. 1765. Carpenters, 2708. Gunners, 2708. Machinists. 2712. Sail makers, 2708. Chief of naval operations, 62.1aa, Appendix p. 174 Civil engineers, 2816, 2852. Assistants, 2830 civiliºmployee in insular possessions, 621a, 621c. On leave of absence, 2797a. Clerical drafting, inspection and messen- ger force at navy yards, 2794-2796. Coal heavers, 2816. - IPage 2,2381 [References are to sections, except where otherwise PAY OF NAVY (Cont'd) Coast guard, no reduction on account of act providing for temporary addition- all Officers, 24.83m. * Commander, 2814, 2817. To attend to paying of crew, 2980 (9, 11). Commencement of pay, 2835–2838. Commissioned officers, active list, 2814, 815. Retired list, 2893. Commodore, 2814, 2894. Commutation_for quarters, 2851. Deceased officers, 2870, 2871. Gratuity on death in aviation acci- dent, 28.70b. No deduction from gratuity pay for funeral expenses, 2870a. Deduction from, for hospital fund, 9200. Delayed examination, 2840. Dental Corps, 2506, 2507, 2511, 2512. 25.11e, Appendix p. 1761. Deserters, 2958. Detail of officers and enlisted men, Dominican. Republic, 28.132C. Republic of Haiti, 28.13a–28130. - Dismissal from and restoration to service of officers, 2839. Draftsmen, 6.15a. - Technical and inspection force, 6.15a. Effects of officer of lost vessel, 2869a. Employés, 2816. e Employment of officers, in furnishing Ila,” val supplies or war material, 2899. Enlisted men, 2590, 2855-2877. Additional pay for serving as firemen and coal-heavers, 2857. Arrears of pay, regulation of payment of, .407. Assignment of wages, 2873. Deceased seamen, 2870, 2871. No deduction from gratuity pay for funeral expenses, 2870a: Deposits of Savings, 2874-2876. .* Detail, to Dominican Republic, 28130C. To Republic of Haiti, 28.13a–28130. Detention beyond term, .2591, 2860. Forfeiture for absence from duty on account of intemperance Or other misconduct, 2900a. Funeral expenses, 2871. . . . Gratuity on death in aviation acci- dent, 2870b. Increase, 2856. Lost vessels, 2863–2866. Personal effects lost, 2869a. Rations, 2877–2887. & Re-enlistment after honorable dis- charge, 2861, 2862. Retired list, 2893. Travel allowance, 2858. Ensigns, 2472, 2814. Estimates, 6706. Statement of number and salaries of persons employed, 6707. Examination for promotion of officers, 2687. * Extra pay for service in coast and geo- detic survey prohibited, 8553. False claims, 2975 (1. 2). Filipinos, midshipmen at naval academy, 2721a. Firemen, 2816. Fleet naval 2900%b (3). Forfeiture of by deck court, 2988. Fraudulent enlistment and receipt of pay, punishment, 2983. Funeral expenses, 2871, 2889. Furlough, 2832, 2896, 2897. Gratuities for distinguished services, 2715. Gratuity pay, death in aviation accident, b to g reserve, retainer pay, No deduction for funeral expenses, 2870a. Gun captains, additional pay, 2816a. Gunners, 2708, 2816. Gun pointers, additional pay, 28.16a. Hospital corps, 2513-2517. Increase, 2817. Sea or shore duty, 2820-2822. Instructors at naval academy, 2748a. Judge Advocate General, 612. - Lieutenant, 2473, 2814. Lieutenant-commander, 2814, 2817. Longevity pay, 2616. ijetail of officers and enlisted men to ...service with Republic of Haiti, credit for service, 28130. Fleet naval reserve, 29.00%b (6). Officers and men detailed to Domini- can Republic, 28130c. Lost or captured vessels. 2863–2866. indicated.] r PAY OF NAVY (Cont’d Machinists, 2557. ( ) Marine Corps, 2929–2941. Allowances on death of officer or en- listed men to widows, etc., 2870. Assistant paymasters’ clerks. 2916. Band, 2909, 2933, 2934 s Clerks, commutation Commandant, 2915. Of fuel, 2941. fuel, 2939–2941. Cooks, 2931. Deduction for hospitals, 2936. Pºits of Savings of enlisted men. Drum major, , 2933. Extra-duty. 2932. Gunners, 2918e. Gunnery Sergeants, 2930. Gun pointers or gun Captains, 28.16a. Mºnsers, Commutation of fuel, Mileage, 2935. N O reduction, on account of act pro- Viding for temporary additional of- ficers, 2483n. Officers and men detailed to Domini- can Republic, 28.13cc. Pay clerks, 2916a, Appendix p. 1767. Paymaster, increase in number, 2918b. Quartermäster clerks, 29.ige. ' - Rations, 2938, 2939. - Retired officers, 2915, 2952. Active duty, 2653c, 2653d, Appendix p. 1763. º Sea duty, increase, 2929a. Temporary additional officers, 2483.j. Warrant officers, retired officers, ac- # duty, 2653c, 2653d, Appendix p. #. 2816, 2831. edicines and medical a. Mºmº 2827. s ttendance, 2888. Mileage and traveling e * 2850, 2935. g expenses, 2843a Naval academy, band, 2758, 2759. Midshipmen, 2827. Professors, 2753, 2754. 2748a, Appendix p. 1764. Mathematics, 2852. Naval Appropriation Act not to reduce pay of officers, 2684a. Naval Auxiliary Reserve, sº Naval coast defense reserve, in 5 2900% e(4). retainer pay Naval constructors, 2548, 28.16. Assistants. 2816. Naval flying corps, 2952% c. , Bºed men, 2952%CC, Appendix p. Officers, 2952%.cc, Appendix p. 1767. Retired pay, 2952%t. Student flyers, 2952%m. 952% cc, Appendix p. 1767. Receiving certificate of qualifica- - tion, 2952%p. Naval reserve, continuous service pay, 2900% cob). • Retainer pay, 2900%a(6), 2900%c (4). Active service, 2900%a.(13). In time of peace, 2900%a (22%), Appendix p. 1766. Addition to other pay in public service, 29.00%a (17). Computation, 2900%a (12%), Appen- dix p. 1766. Gratuities on retirement equal to amount of retainer pay during last term, 2900%a (15). Inºse on re-enrollment, 2900%a. 2900%a (12%), Ap- §§ & retainer pay, Limitation on, pendix p. 1766. - Provisional rank, exception of vol- unteer reserve, 29.00%a.(12). Reports as to movements and oc- ºtions as condition of, 29.00%a Time for, 2900%a (16). 2900%f(1). aval reserve flying corps, retainer pay, 2900%g (1). aval Reserve Force, active service, 2900%a (19). # 2900%a (19%), Appendix p. 1766. : Annual retainer pay, 2900%a (12%), Appendix p. 1766. Fleet. naval reserve force active Serv- ice for training, 2900%b(3). Calling retired men into active service, 2900%b (10). Commutation for rations, forage and . Volunteer naval reserve, retainer pay, GENERAL INDEX [Page 22391 [References are to sections, except where otherwise indicated.] PAY OF NAVY (Cont'd) Naval Reserve Force (Cont'd) Fleet naval reserve force active serv- ice for training (Cont'd) Forfeiture for failure to report for examination, 2900%b (7). Retainer pay, heroism, 29.00%b (6). Length of service, 2900%b (6). Rate of, 2900%b (4). 2900%b (4), Appendix p. 1766. Re-enrollment, 29.00%b(5). Retirement, 2900%b (9). Gratuities, 2900%a.(6). Increase on re-enrollment, 2900%a (15). No reduction on account of act proVid- ing for temporary additional officers, 2483n. Nurse corps, 2518, 2519. Officers, detailed to Dominican Republic, 28130c. Detailed to Republic of Haiti, 28.13a– 28130. For Leiture of pay on absence from duty . On account of intemperance Or other misconduct, 2900a. Mileage while traveling on public business, 2843a. Retired as ineligible for promotion, 2697 h, Appendix p. 1764. Second in command of Atlantic, Pa- cific and Asiatic fleets, 2471a. - Pay clerks, 2537a. Chief clerk, 2537b. Repeal, 2537e. Paymaster-General, duties respecting re- turns of public property, 439, 440. Paymasters, acting, 2529, 2842. Clerks, 2537a-2537e. Personal effects lost, 2869a. Petty officers, 2816. Accounts of petty officers on lost ves- sels, 2866. Deposits of savings, 2874-2876. Lost vessels, 2866-2869a. Rations, 2880. Printers in Bureau of Navigation, Vancement, 2712b. Prisoners, allowances to, 3039, 3040. Professors at naval academy, 2748a. Mathematics, 2816, 2852. Promoted on retired list, 2892. Rations, 2877–2887. Rear admiral, 2814, 2814a, 2825. Aids to, 2826. Retired enlisted men, 2082, 2084. Retired enlisted men called into active Service, 2659a. 2659aa, Appendix p. 1763. Retired officers, 2626, 2637-2643, 2651, 2653, 2657, 2658, 2890, 2891, 2893-2899. Active duty, 2895. 2653c, 2653d, Appendix p. 1763. Appointed prize-commissioners, 8400. Captains, commanders and lieutenant commanders becoming ineligible for promotion on account of age, 2697.h. Chief warrant officers on active duty, 28952. Detailed to, active duty, 2653b. Nautical school, 2766. Persons receiving retirement pay not to receive compensation under War Risk Insurance Act, 514ttt. Rations, 2898. Service with Isthmian Canal Commis- sion, 2049b. Transfer from furlough to retired pay, 2897. Transferred to active list, 2637a, 2653a. Warrant officers on active duty, 2895b. Sailmakers, 2708, 2816. Sale of wages discouraged, 2600. Seamen, 2816. Sea. Service, 2859. Secretaries to admiral, 2816. Secretary of naval academy, 2816. Service pay, 2818, 2819. In Volunteer Army, 2616. Shore duty beyond seas, 2820, 2821. Storekeepers, foreign stations, 2853, 2854. Superintendent of naval observatory, 66i. Supervisor, Nautical Almanac, 663. New York Harbor, 9938. Surgeons, 2495, 2496. Suspension by court-martial, 3016. Temporary additional officers, 2483j. Traveling expenses, 2844-2850. Vice admirals, 2471aa. 2471aaa, Appendix p. 1761. Volunteer service, 2834. Warrant officers, 2708, 2816, 2818, 2819, 2831, ad- PAY OF NAVY (Cont'd) Warrant officers (Cont'd) Allowances of heat and light, 2851a. Retired officers on active duty, 2653C, 2653d, Appendix p. 1763. Shore duty, 2559a. PAY OF REVENUE MARINE SERVICE Allotments, 8459%b (21). Cadets, 8459%b (34, 35). Commissioned officers, 8459%b (9, 19, 20). Aºntº need not be verified, 8459%b Petty officers and men, 8459%b(37, 38). ' Retired officers, 8459%b(27-30). PEACE Power to hold to security for, 1247. PEACH BRANDY See Distilled Spirits and Wines. PEARL HARBOR Hawaii, regulations for navigation, move- Inent and anchorage of vessels, 9959. PEAS Wº: of bushel fixed for import, 5291 PEDDLERS See Cigars ; Snuff ; Tobacco. Not within the term “merchant” as used in Chinese Exclusion Act, 4293. PELAGHC SEALING T]efinition, 8849. PELAGIC SEALING ACT *> See Seal Fishery. Text of act, 8838-8849. PENAL CODE . See Crimes and Offenses ; Criminal Procedu/re and Cross-References therewºnder. Text of act, 1009, 10165-10209, 10213–10226, 10228-10269, 10271-10278, 10280-10415, 10419– 10495, 10497–10519. PENAL LAWS . See Crimes and Offenses. PIENAHL THES (See Fines and Penalties ; PENDILETON ACT See Civil Service. . • , Civil Service, 3271, 3272, 3274-3278, 3280– 3282, 10288–10292. PENITENTHARIES See Disciplinary Barracks ; Jails : Mili- tary Prison ; Parole ; Prisoners ; Prisons. PAENNSYLVANIA Clerks of district courts, 1361, 1362. Deputy district clerk, 1090. District attorney, 1361, 1362. Fº assistant, eastern district, salary, Forfeitures. District clerk, 1090. District court terms, 1090. District Judges, 968a, 1361, 1362. Eastern district, 968, 968a. Vacancy not to be filled, 968b. Western district, 968. Institution for feeble-minded, commitment of residents of District of Columbia to, 9348–9350. Judicial districts, 1090. Marshals, 1361, 1362. PENSIONS Com/missioner of, see Commissioner of Pensions. - General provisions relating to, 8933–9127. Abandonment of children by mother, pen- sion to children, 8990. Absentees, effect on pensions, 8975. Accounts relating to, examination of by Auditors, 419, 420. Accrual of, 8997. Accrued pensions, disposal, 9015. Expense incurred by State, etc., for last sickness and burial, not to be taken out of, 90.16. Payment, 9015. Right to unclaimed pensions, 9018. Acknowledgment, Vouchers, etc., penalty for false, 9079. Agºry to terminate pension of widow, 89 Age, affecting ings, 8968. Increase of pension with advancing age to be made without application, investigation of age, 8972. Rate for persons serving in Civil War ninety days or more, 8972a. Sailors and marines disabled by, to have half - pay from naval pension- fund, in lieu of hospital service, 9088. Service pensions and rat- PENSIONS (Cont'd) Age (Cont'd) Sixty-two years, considered a perma- nent specific disability, 8949. " Persons having served in Civil War or War with Mexico, 8964. Compensation for prosecuting claims prohibited, 8966. Rº: in Service not considered, Agreements for amount of fees of attor- #. etc., to be filled, form of, penalty, Aiding. rebellion, exception, 9013. Indian Wars, . Service in excepted, 9063. Laws prohibiting pensions not appli- gable to claims of dependent parents in War with Spain, 9014. Restoration of pensioners of war of 1812, stricken from rolls on account of, 9056. Soldiers, etc., in Mexican war not ex- cluded, 9040. Widows of pensioners stricken from rolls for, to have pensions, 9057. Aid to sailors and marines from Surplus income of naval pension-fund, 9089. Aliens, in Indian wars not entitled to Añ. 9058. QWance according to rank - disability, 35%.” at time of Application, aid to sailors and marines, from surplus income of naval pen- Sion-fund, 9089. Half pay to disabled sailors and ma- rines, 9088. - Not necessary for increase of the pen- Sion. With advancing age, 8972. Proof of citizenship of soldier in In- dian wars, 9064. Proof required, perjury, loss of cer- tificate of discharge, étc., 9054, 9060. Appointment, medical referee, 9105. Examining surgeons, 9103. Arkansas Volunteers, pension act extend- ed to Gray's Battalion, 9046. Arrangement of pensioners in groups for purpose of payments, 9107. Arrears, 8999. Compensation for prosecuting claims for, prohibited, 9113. Disposition of balance of appropria- tion for, 9005. Fund for redemption of fractional Currency to be used for, 9099. Not to be paid to widows of pension- ers of the war of 1812, stricken from rolls for aiding rebellion, 9057. Rate of, 9003. Regulations for payment, 9003. Artificial limbs for disabled soldiers, ma- rines, , etc., every three years, 9120. Commutation rates in money value for, 9121, 9123. Fees to agents, bidden, 9124. Transportation to obtain, 91.25, 9127. Assignment of to be void, 9077. Attachment, not liable to, 9080. Attorneys’ Compensation, contracts, filing, form of, 9115, 91.16. Contracts,..., Indian War, pension act, invalid, 9065, 9066, 9067a. . Rejected where unfair, 91.17. Discharge papers, etc., of soldiers, etc., not to be withheld for, 9078. Fees, deducted by commissioner, 9116. Procuring artificial limbs forbid- den, 9124. Increase of pensions and pas- Sage of Special acts, 9118. Limitation, 8938, 9112. Prosecuting claim of widows, etc., where death is not result of Serv- ice, 8985. Not to receive for procuring passage of special pension act, 91.19. Not to receive for prosecuting claims, 102.77. attorneys, etc., for- Army nurses, 9071. Arrears, 8999, 9113. Indian War Pension Act, 9065, 9066. Service pensions, 8970. TJnder act giving persons reaching age of 62 years a pension, 8966. Under act relating to Spanish war, Philippine insurrection or Chi- nese Boxer rebellion, 8985b, Ap- pendix p. 1796. Widows, children, etc., 8981, 89810. 8995. Exception, 89816. GENERAL INDEX * PENSIONS (Cont'd) Attorneys’ compensation (Cont'd) Penalty, illegal or excessive fees, 8985. 9114, 91.15, 9118. g Withholding pensions, 8938, 8985. Power of attorney, for collection of pension not to be recognized, 9096. Boards of examining surgeons, reviewing board, fees, etc., 9100. Burial, expense of, not to be taken out of accrued pensions, 9016. Cadet engineers, total disability, 9031. Discharge, other evidence, 9054, 906U. Examining surgeon to be subject to approval Of commissioner of pen- sions, 8973. Fº with contract for attorneys’ fees, 9 Forwarded to agent with contract for attorney’s fees, 91.16 Notification of applicant by commis- sioner, 9081. Official character of Officer taking dec- laration of Claimant, 9006. Penalty for false certificate to vouch- er, 9079. Pledge, mortgage, sale, assignment Or retention of forbidden, penalty, 9077. Checks, payment by, 9108. - Payment by, forgery of indorsement, 9109. Children, 8939, 8977, 8979, 8980, 8981a–8981c, 8982, 8983. Abandonment by mother, 8990. Additional pension to helpless child not to affect rate of pension to Wid- ow, 8986. Colored and Indian soldiers, proof of marriage, 8988. Commencement, 8996, 8997. Father aiding rebellion as precluding pension, exception, 9013. Half pay pensions, children of officers, 9032. Desertion by pensioner, 9096. Under laws prior to June 3, 1858, Ina Vy rate, 9029. Terra for which granted, 9027, 9028. When pensioner becomes inmate of Soldiers’ Home, etc., 9096. Indian Wars, 9047. Inmates of National Home for Volun- teer Soldiers, 9265, 9267. Life saving service, 8543. Mexican war, 9035. Militia, national 3078b (12). Naval militia in service of United States, 3078a,(38). Service of United States, 3076, 3076a. Missouri State Militia, Imen, 9023, 9024. Naval officers, 9032. Persons serving in war of rebellion not to have where father, etc., eS- tablished no claim, 9069. Privateer pension-fund, 9691. Rate where death of father is not re- sult of service, 8984. Revolutionary soldiers, not allowed after April 2, 1862, when, 9069. Right to accrued pensions of fathers, 90.15 sº naval Volunteers, Spanish war, Philippine insurrection and Chinese Boxer rebellion, 8985a, 8985b, Appendix p. 1796. War of 1812, 9047. Who are legitimate children, 8987. Chinese Boxer rebellion, widows and children, 8985a, 8985b, Appendix p. 1796. Citizenship, act relating to removal of disabilities as to, not to affect for- feiture of pensions, 9082. Proof of, by applicant for pension, 9064. Cº. examining Surgeons, fees, payment, 9106. Civil Service pension or honorable service roll prohibited, 3266. Postal service, 7252. Claim agents’ compensation, contracts, filing, form of, 91.15, 91.16. , Contracts, Indian War Pension Act, invalid, 9065, 9066, 9067a. Rejected where unfair, 91.17. Discharge papers, etc., of soldiers not to be withheld for, 9078. Fees for procuring artificial limbs for- bidden, 9124. Limitation, 8938, 9112. Prosecuting claims of widows, etc., Where death is not result of Service, 8985. loss of, establishment by § Under IIPage 2249] |PENSIONS (Cont'd) Claim agents’ compensation (Cont'd) Not to receive for procuring passage of special pension act, 91.19. Not to receive for prosecuting claims, Army nurses, 9071. Arrears, 8999, 9113. Indian War Pension Act, 9065, 9066. Service pensions, 8970. TJnder act giving persons reach- ing age of 62 years a pension, 8966. act granting pensions to persons reaching age of seventy- two years and serving ninety days or more, 8972a. Under act relating to Spanish war, Philippine insurrection or Chi- nese Boxer rebellion, 8986b, Ap- pendix p. 1796. Widows, children, etc., 8981, 89816, 89 95. Exceptions, 8981d. Penalty, illegal or excessive fees, 8985, 114, 91.15, 9118. Withholding pensions, 8938, 8985. Power of attorney for collection of pension not to be recognized, 9096. Claims, application not necessary for in- crease of pension with advancing age, 8972. Arrears, 8999. Declaration by claimant, 9009, 9010. Before whom made, certificate of official character, 9006. Curing defects in, 9008. Foreign countries, 9007. Indian, 9007. “ t Dependent parents, evidence, 8992. Expense of last sickness and burial of deceased pensioners, not to be paid from accrued pensions, 9016. Settlement to be under direction of Commissioner of Pensions, 9017. Indians, commencement, 9022. Proof, 9022. Proof required of soldiers, etc., of Mexican war, 9038 Clerks, etc., investigating suspected at- tempts at fraud, compensation, 9074. Coast Guard, 8459% a (3). Colored soldiers enrolled as Commencement, 8996, 8997. On application after rejection, etc., of claim, to date from first applica- tion, 8941. Army nurses’ pensions, 9070. Disabled soldiers and sailors Serving ninety days in War of Rebellion, etc., 8937. Indian claims, 9022. Officers and privates of Missouri State Militia, 9023. Service pensions, 8968. Under special acts, 9019. War of rebellion under general laws, 9002 Wars prior to 1861, 9001. Widow's pension, 8998, Cºmissioner of, general provisions, 727– widows, slaves, 9025. Continuance of pensions under act, 9048. Contracts for attorneys’ fees, filing, 9116. Rejection by commissioner where un- fair, 91.17. Convicts, payment to wife, 9096. T) eafness, 8962, 8963. Debts incurred to pay, a.m. 14, § 4). Declarations by claimant, 9009, 9010. Eefore whom made, certificate of offi- cial character, 9006. Curing defects in, 9008. False declaration, penalty, 9079. Foreign countries, 9007. Indians, 9007. Dependent relatives, 8980, 8991. validity (Const. Claims of dependent parents, evi- dence, 8992. Commencement and continuance of, 8992, 8997. Laws prohibiting pensions to persons aiding rebellion, not applicable to claims of dependents, ..of soldiers, etc., in war with Spain, 9014. Mººse of as terminating pension, Right to accrued pensions in case of death, 9015. Deserters, 2299, 2302, 2306. {} Act relating to removal of disability as to Citizenship not to affect for- feiture of pensions, 9082. [References are to sections, except where otherwise indicated.] PENSIONS (Cont'd) Desertion of wife, half pay to, 9096. Disabilities, ... permanent specific disabili- ties after June 4, 1872, 8948. Permanent specific disabilities prior to June 4, 1872, 8947. Presumption that applicants had no disability at time of enlistment, 8943. . Total, 8944, 8946, 8950, 9031. Disabled persons who cannot use artificial limbs, 8948. Disbursing clerk for payment of, absence of, appointment of substitute, 672. Appointment, salary, 671. Salary, 671. Discharge, honorable discharge from last Contract of service during the war of the rebellion, 8937, 8940. Discharge papers, etc., of soldiers, etc., penalty for claim agent, attorney, etc., withholding, 9078. - - Disease contracted in service, '8934, 8942. Embezzlement by guardians, etc., 9111. Employés’ Compensation Act, compensa- tion not to bar right to, 8932d. ºneers in navy, on war vessels, 8934, Enlisted men, 8934. #. gº 8934. àte of, total disability, 8944. Enrolled Officers in ...'ss. Estimates, Clerk hire in office of disburs- D; º: 6716. Pemands on nayal pension fund, 6708. Evideº claims 6f dependent parents, Marriage of negroes and Indi Examination of pensioners, iºns, 8988. Board of surgeons, fees, etc., 9100 Special examination, 9.103. g & Fees of Surgeons, 9103. Sºl examiners, report, inspection, surgºº, appointments, 9103, 9105. iVil examining surgeo int- ºne surgeons, appoint Fee: 9101, 9101a. ivil examinin Ul Milºš, ; ºne surgeons, 9106. Repº, 9101. nSpection by claimants, 9102 Examining surgeons 781, 9 y * E. Fees, 9101a. y , 9105. Xpenses, incurred by State, etc., for last Sickness and burial of pensioner, not #" taken out of accrued pensions, Payment in person to be paid out of Contingent fun vº; 9096. d by Secretary of In- isiting pensioner f * e how paid, 9096. or examination, ; iº Pºiº for, 9079. €Iſland OD fraudu E- torney, 10.198. lent power of at False personation of pensioner, 10197. Rees, civil examining surgeons, '9105. Examining Surgeons, 9100. Fº prosecuting claims, as offense, Surgeons for special examination of pensioners, 9103. - Witnesses in proceedings to determine Fines"; º, ; 3. ey Wi Olding pension, 8938. Forgery of indor • * checks, 9109. Orsement of pension Fraud, detail of clerks, etc., for investi- gating Suspected attempts at, 9073. Investigation, affidavits, depositions examination of witnesses, 9073. y Compensation of clerks, etc., 9074. Employment of Stenographer, 9073 Fees of witness, 9075. º Special examiners to have power to administer oaths, 9076. P ..ºn: to Mºss, 90.75. rocuring Special acts, sus & payment, 9019. penSiOn Of Funds, half pay to disabled sailors and ºnes from naval pension-fund, Investment of naval pension-fund, &J e. Priva; pension-fund derived how, Payment into treasury, 9092. Secretary of Navy to be trustee of, 9090. Prize money accruing to United States to remain a fund for, 9084. Rate of interest on naval pension- fund, 9086. GENERAL INDEX IPage 2241] [References are to sections, except where otherwise PENSIONS (Cont'd) Funds SUUont'd) Redemption of fractional currency to be used for payment of arrears, 9099. Secretary of Navy to be trustee of naval pension fund, 9083. Gray’s Battalion Arkansas 9046. º Guardian, desertion of children, 9096. Embezzlement by, 91.11 Payment of pension to, 9096. When pensioner becomes inmate of Soldiers’ Home, etc., 9096. Half pay pensions, children, on desertion by pensioner, 9096. Disabled sailors and marines from naval pension-fund, 9088. Naval officers, etc., 9030. Pensions allowed from July 25th, 1866, not reduced by subsequent acts, reduced pensions to be re- stored, 9033. Navy widows, children, etc., 9032. Soldiers, etc., in Mexican war, 9034. Widows, children, etc., Indian Wars, 9047. Mexican War, 9035. Under laws prior to June 3, 1858, rate, 9029. Term for which granted, 9027, 9028. War of 1812, 9047. Wife, on desertion, 9096. When pensioner enters State Home for Soldiers and Sailors, 9096. Hearing on proceedings to Suspend pay- ment of pensions, 9050. Honorable, discharge from last contract of service during the war of the rebel- lion, 8937, 8940. Increase not allowed to commence prior to the date of the examining Surgeon’s certificate, 8973. Indians, commencement, 9022. Marriage, proof of, 8988. Whom to be paid to, 9096. Indian wars, citizens entitled only, proof Volunteers, of, 9058-9064. Exténsion to Texas volunteers, Con- tracts with pension attorneys and claim agents, 9067a. Pensions to widows, 9067a. Period of service, 9067b. Proof of enlistment or muster, 9067a. Laws applicable, 9062. Loyalty in war of rebellion, not re- quired, 9063, 9067c. Officers, privates and their widows, 90.58. Persons excluded, 9061. Proof required, enlistment, 9065, 9066. Perjury, loss of certificate of dis- charge, etc., 9060. Rate, 9059. To surviving soldier, 9067. Restoration of pensioners stricken from rolls on account of aiding re- bellion, 9056. Soldiers, widows, etc., 9047. Inmates of, insane hospital, 9293. National Home for Disable teer Soldiers, payment, 9260, 9266. Soldiers’ Home, 9227, 9228. Insane persons, commencement of pen- sions, 8996. Payment to wife, 9096. e Inspection of report of, examining Sur- geons, by claimant, 9102. Special examiner by claimant, 9104. Instructions, printed instructions to be furnished by commissioner free of charge, 9081. Investigation of age, 8972. Land grants to be prima, facie proof of service and honorable discharge, 9054. Land warrants as evidence of discharge, etc., penalty for claim agent to With- bold, 9078. Last sickness expenses not to be taken out of accrued pensions, 9016. Laws prohibiting pensions to persons aid- ing rebellion, not applicable to claims of dependent parents of soldiers, etc., in war with Spain, 9014. Legitimate children, who are, 8987. Licensed officers of steam vessels per- forming war duties, 7709. Lieutenant-commanders, 8945. Life saving service, disabled keepers or members of crews, 8542. COMP.S.T.’18—141 Volun- 9265, PENSIONS (Cont'd) Life Saving service (Cont'd) Widows, etc., of deceased keepers and members of crews, 8643. Limitations of time as to Indian claims, Line of duty, wounds, etc., received in Service must have been in, 8942. LOSS, both eyes or total blindness, 8958. Both hands, 8957. Both hands, both feet, or both eyes, 8955, 8956. Certificate of discharge not to deprive of pension, 9060. Hand, foot, arm, or leg, etc., 8959–8961. One hand and one foot, 4. Loyalty, 9013. Marine corps, aviation accidents, 8986a. Half pay to disabled marines, from naval pension-fund, 9088. Indian wars, 9058. Members of, 8934, 8942, 8944. Widows of Officers or enlisted men serving in Civil War, 89816. Marriage, negroes and Indians, proof of, 8988 Proof of, 8989, 9096. Master of gunboat, 8934. Rate of, total disability, 8944. Medal of honor roll, persons upon, 1941c- 1941e. - Medical officers, visiting pensioner for purpose of examination, 9096. * Medical referee, appointment, salary, 9105. Medical reserve corps, 1818. Members in National Home for Disabled Volunteer Soldiers, benefits, 9260, 9265- Mexican war, persons engaged in rebel- lion not excluded, 9040. Persons serving in who have reached age of 62 years, 8964–8966. Political disability, 9041. Previous pension laws made applica- ble, 9039. Rate, 9037, *; 9043, 9044. rate, 9034. Soldiers in, Disability, Widows, etc., of soldiers in, 9036. Rate, 9035. Mexico, extension of Indian war pension act to Texas volunteers who served in defense of frontier against Mexico mal- rauders, 9066. Military and naval service, 8934. Who not to have, 8934, 8942. Militia, act extended to Missouri state militia, 9023. Indian wars, 9058. National naval volunteers, service of United States, 3078b (12). Naval militia, service of United States, 3078a (38). Officers, 8934. According to rank at time of dis- ability, 8946. Rate of, total disability, 8944. Service of United States, 3076–3076b. Soldiers, 8934. War of 1812 and Indian Wars, widows, etc., to have pensions, 9047. Minimum rate of, 9072. Missouri Mounted Volunteers, pension act extended to Powell’s Battalion, 9045. Missouri State Militia, act extended to, 9023, Mortgage of to be void, 9077. National guard, service of United States, 3076, 3076a, 3076b. Naval flying corps, officers and men in case of injury, 2952%.S. Naval pension-fund, aid to disabled sail- ors and marines from surplus in- come of, application, etc., 9089. Certain pensions of Naval Home ben- eficiaries turned into, 9208a. Estimates of claims, etc., on, to be submitted, etc., 6708. Fºln prize cases to be credited to, Half pay to disabled sailors and ma- rines from, 9088 Investment, 9085. Pensions to be paid from, 9087. Prize-money part of, 9084. Proceeds from rent and sale of mate- rial at Naval Home turned into, 9204a. - Rate of interest, 9086. sºary of Navy to be trustee of, Navy, according to rank, etc., 8946. Aviation accidents, 8986a. indicated.] | PENSIONS (Cont'd) Navy (Cont'd) - Invalids prior to March 4, 1861, con- tinued, 9030. Officers, half pay pensions, 9030. Widows, children, etc., 9032. Officers, widows," children, etc., half pay, pensions allowed from July 25th, 1866, not reduced by subse- quent acts, 9033. Persons entitled, 8934. Officers, etc., of revenue-cutters to have, 9068. Officers or privates either on the #ye or retired list not to have, Rate of total disability, 8944. Cadet engineer, 9031. Restored in certain cases, 9033. Widows of officers or enlisted men serving in Civil War, 89816. Negroes, proof of marriage, 8988. Ninety day’s service during war of rebel- lion, 8937 Widows, children, etc., 8939. Nonresidents, examination of, fees of sur- geon, 9100 Power of attorney forbidden, 9097. Notice, reduction of, 9099. Withholding payment of pensions, 9050. Nº in army, period of service, proof, Oath of claimant for, 9006. Execution. of agreement for fees for prosecuting claims for pensions, 9115. Indian claims, 9022. - Officers investigating frauds to have power to administer, 9073. Service in Mexican war, perjury, 9038. Special examiners investigating pen- § frauds authorized to administer, Offenses, attorney or claim agent, de- A.'s #. #. 8985, 9071, 9118. orney wi Oldin ension, 938, . 8985, 9114, #s p 8938 Procuring special pension act for £9mpensation, 9119. Withholding discharge papers, etc., of Soldiers, etc., 9078. •+ Embezzlement by guardian, etc., 9111. False affidavits, post-dating vouchers, etc., 9079. #. **** of pensioner, 101.97. £ery Of indorsenn - checks, 9109. ent of pension Fraudulent power of attorney, 10.198. Perjury by applicant, 9038, 9054, 9060. Pledge, mortgage, sale, etc., of pen- Sion or certificate, 9077. Postdating Vouchers, etc., 9079. Retention of certificate after demand º, commissioner of pensions, etc., Taking fees for pros ſº 102.77. prosecuting claims, Officers, authorized to take affidavits and declarations by claimants, 9009. Authorized to take oaths to file for ºncate of Official character in, In , the army, navy or militia Corps either on active or s > have, 9026. retired list, to Pension office, part of army, 1717. Qfficers’ reserve corps, 1881b, 1881q. One, pension at a time only, 8937, 9011. - Army nurses, 9070. Payment, hº to sailors and marines, from Surplus in COIme of na ion- fund, 9089. Val pension Arrears, 9003. Fund for redemption of fractional Currency to be used for, 9099. By check, forgery of indorsement, 9109 Without voucher, 9108. Certificate of Commissioner to be war. rant for Jayment of half pay to sail- p; * º 9088. ebts due United States, held for, 9049. not to be Fººtº º in case of trans- er Of penSiOner from On another, 9107. e group to Guardians, 9096. Inmates of, national home for disabled Volunteer soldiers, 9110. State sailors’ home and soldiers' home, etc., to be paid directly, 9098. Mailing pension check as, 9015. *ś Value for artificial limbs, 9127 . GENERAL INDEX IPage 2242.] [References are to sections, except where otherwise indicated.] PENSIONS (Cont'd) Payment (Cont'd) From naval pension fund, 9087. Non-residents not to be paid on power of attorney, 9097. Nº and hearing of Withholding, Persons entitled only, to receive, 9096. hºrson When deemed necessary, Quarterly payments, arrangement of pensioners in groups, 9107. Secretary of Navy to receive, when pensioner is in Navy hospital, 9207. Standard silver once a year, 9096. Time for, 9.107. Under special act, suspension for fraud until consideration of repeal, 9019. Wife of convict pensioner, 9096. Period of service, how construed, 8976. Perjury by applicant, 9038, 9054, 9060. Permanent disability, pensions for under Service Pension Act, 8968. - Permanent specific disabilities, age of 62 years to be considered as, 8949 Loss of both feet, etc., periods, 8947. T^ersons entitled in general, 8933, 8944, 8967. o, or injuries, etc., in line of duty, Persons whose claim accrued prior to March the 4th, 1861, and to revolu- tionary widows, 9000, 9001. Philippine insurrection, widows and children, 8985a, 8985b, Appendix p. 1796 Pilots of war vessels, 8934, 8944. Rate of, total disability, 8944. Pledge of to be void, 9077. Post-dating vouchers, etc., as offense, 9079. Powell’s Battalion, Missouri Mounted Vol- unteers, pension act extended to, 9045. Power of attorney, false power as of- fense, 9079. Non-residents not to be paid on, 9097. Not to be recognized, 9096. Presumptions, applicants presumed to have had no disability at time of en- listment, 8943. Death of enlisted man or officer after seven years unexplained absence, 978 That pensions not claimed for three years have terminated, 9018. Privateer pension-fund, derived how, 9091. Payment into treasury, 9092. sºlary of Navy to be trustee of, 0. Privateersmen, journals of disabled per- sons to be transmitted to Secretary of the Navy, 9095. Journals of to have entered names of persons disabled, , 9094. Pate of, how paid, 9093. Prize money accruing to United States to remain a fund for, 9084. Provisos in laws removing disabilities from defective records not to prevent grant of pensions on application after approval of resolution, 8936. Provost marshals, 8934. Rate of, total disability, 8944. Public Health Service officers detailed to Army, Navy, or Coast Guard, 9141a. Rank, allowance to be for rank at time of disability, 8946. Rate, age of 62 years of persons having Served in Civil War or War with Mexico, persons receiving or claim- ing pension under other laws may have benefit of present law, 8964. Aid to sailors and marines from Sur- plus income of naval pension-fund, 9089, Army nurses, 9070. Arrears, 9004. Children, 8979, 8980, 8981a–8981c, 8982, 8983. Where death of father is not re- sult of service, 8984. Deafness, 8962, 8963. Dependent relatives, 8980. Requiring attendance, 8953. Disability, not provided for, 8974. Half pay pensions, navy officers, wid– ows, children, etc., 9030–9032. Widows’ children, etc., under laws prior to June 3, 1858, 9029. W. of 1812 and Indian wars, 9047. Indian war, surviving soldier, 9067. Lſ-SS gºspoth eyes or total blindness, 895 Both hands, 8957. Both hands, both feet, or both eyes, 8955, 8956. - PENSIONS (Cont'd) Rate (Cont'd) - Loss of (Cont'd) * foot, arm, or leg, etc., 8959– One hand and one foot, 8954. Mexican war, 9042, 9043, 9044. Soldiers, widows, etc., 9037. Minimum rate, 9072. Permanent disability, 8951. Permanent specific disabilities aft- er June 4, 1872, 8948. Permanent specific disabilities pri- or to June 4, 1872, 8947. Under Service Pension Act, 8968. Persons serving in Civil War ninety days or more, 8972a. Persons serving in Civil War or war With Mexico reaching age of 62 years, 8964. R; in service not considered, Privateersmen, 9093. Service pensions, 8968. Permanent disability, 8968. Soldiers of Mexican war, 9034. sºlºrs, Widows, etc., Indian wars, Special acts not to be varied by gen- eral laws, 9019. Total disability, 8944, 8950, 8952. Under Special act, pensioners entitled to benefits of general laws, 9020. widoº, 8979, 8980, 8981a–898ic, 8982, Additional pension to helpless child not to affect rate of wid- ow, 8986. Mexican war, 9035. Of officers or enlisted men of Army, etc., serving in Civil War, etc., 89816. Revolutionary War, 9000. War of 1812, 9053. Where death of husband is not re- sult of service, 8984. Record, commissioner of to keep, 8972. Rºtion of pensions, notice, hearing, pensions Remarriage of widows, effect as to pen- Sions, 8981b, 9027, 9028. Restoration of pension on renewed widowhood, 8981b, 8993, 8994. Removal of disabilities, provisos in cer- § laws not to affect applications, etc., 8936. Reports, examining surgeons, etc., 9101. Examining surgeons, inspection by claimant, 9102. . Restoration of pensions, pensioners strick- en from rolls on account of aiding rebellion, 9056. Renewed widowhood, 8981b, 8993. Special examiners of pensioners, 9104. Revenue-Cutter Service, not allowed to officers or men in, 8935. . Officers and seamen while co-operat- ing with navy, 9068. - Sailors, 8939, 8942. Rate of, total disability, 8944. When to have, 8934. Salary of medical referee, 9105. Sale of to be void, 9077. - Secretary of Navy to be trustee of, Navy pension fund, 9083. Privateer pension-fund, 9090. Selective draft, 2044.j. Service pensions, compensation for prose- cuting claims prohibited except for original pensions, 8970. Extended to persons entitled to pen- sions under certain other acts, 8967. Increase with advancing age to be made without application, 8972. Investigation of age, 8972. Persons entitled, 8968. Rank in service not considered, 8969. Record, 8972. Settlement of claims for reimbursement of expenses of last sickness and burial of pensioners, 9016-9017. Who included, 8971. Signal Corps, officers and enlisted men, 1867m. Slaves, golored soldiers enrolled as, to be entitled to pensions, 9025. Soldiers, 8939. Spanish War, laws prohibiting pensions to persons aiding rebellion, not ap- plicable to claims of parents of ;" etc., in war with Spain, 014. PENSIONS (Cont'd) - Spanish War (Cont'd) - Widows and children, 8985a, 8985b, S fººt. p. 1796. PeClai acts, Compensation for procuri p prohibited, penalty, 91.19. D Ing Fraud, Suspension of payment until consideration of repeal, 9015. #; law, not to govern, 9019. 1Initation on fees for procurin º Sage of, 9118. p g pas Not entitled to pensions under gen- eral laws unless special act states pensions to be additional, 9021. Pensioners entitled to benefits of gen- eral laws, 9020. Special examination of pensioners, 9103. Investigating pension frauds author- ized, to administer oaths, 9076. Report, inspection, 9104. Special pensions, persons UlpOn medal of S ºf roll, 1941c-1941e. pecial Service in investigating sus attempts at fraud, ; g Suspected Striking names from pension rolls pro- Cured by fraud, 9054. Perjury, 9060. Subpoena to Witness in proceedings to de- termine pension frauds, 9075. Supervision of business relating to, by Secletary of Interior, 681. Surgeons, acting assistant Surgeons, rate of, total disability, 8944. Acting assistant Surgeons, when to have pension, 8934. Board of examining surgeons, review- ing boards, fees, etc., e Civil examining Surgeon S, appoint- ment, 9103, 9105, 9106. app Fees, 9101. Civil examining surgeons, 9106. Special examination, 9103. Reports, 9101. Inspection by claimant, 9102. Special examiners, 9104. Termination on marriage of widow, 8993. Terms on which granted, 8933. Texas volunteers, extension of Indian War pension act to, 9066. Total disability, cadet engineers, 9031. Rate, 8944, 8946, 8950. Transfer of tow be void, 9077. Unclaimed ... pensions, presumption from lapse of time, 9018. Vºls in navy, persons serving on, 8934, Volunteers, 2026.j, 3045, 8934. Extension of Indian war pension act to Texas volunteers, 9066-9067c. Gray’s Battalion, Arkansas volun- teers, pension act extended to, 9046. Indian wars, 9058. POWell’s Battalion, Missouri Mounted Volunteers, pensions act extended to, 9045. Rate, total disability, 8944. Total disability, rank, 8946. Vouchers, expenses of visiting pensioner for purpose of examination, 9096. Fees of examining surgeon of non- resident, 9100. # Paym; by check without voucher, Indians, 9098. Wife in case of insanity of pen- sioner, 9096. Penalty for false voucher, etc., 9079. War of 1812, application, previously made #;" considered as made under act, 9%). Pensions to widows of pensioners stricken from rolls for aiding re- bellion, 9057. Proof required, perjury, Ioss of cer- tificate of discharge, etc., 9054. Restoration of pensioners stricken from rolls on account of aiding re- bellion, 9056. Soldiers and sailors, ows, 9047, 9052-9057. War of the rebellion, children and de- Scendants not to have where ances- tor established no claim, 9069. Ninet; days' service, invalid pensions, 937 according to and their Wid- Widows, children, etc., 8939. Persons aiding not to receive pension, exception of persons afterwards en- listing, 9013. Persons serving in who have reached age of 62 years, 8964–8966. War Risk Insurance Act, effect of, 514ttt. GENERAL INDEX [Page 2243] [References are to sections, except where otherwise indicated.] PENSIONS (Cont'd) Widows, 8939, 8977, 8979, 8980, 8981a–8981c, 8982, 8983, 8984. Additional pension to helpless child not to affect rate of widow, 8986. Adultery, terminates, 8989. Cºen on abandonment by mother, Chinese Boxer rebellion, 8985a, 8985b, Appendix p. 1796. Colored and Indian soldiers, etc., evi- dence of marriage, 8988. Commencement, 8997, 8998. Death of husband need not be proved result of service, 8984. Half pay pensions, 9032. Husband aiding rebellion as preclud- ing pension, exception, 9013. Under laws prior to June 3, 1858, rate, 9029. Under laws prior to June 3, 1858, term for which granted, 9027, 9028. Indian wars, 9047, 9067a. - Extension of act to Texas volun- teers, 9066, 9067a. Laws applicable, 9062. . Proof of enlistment, , 9065, 9067a. Rate, 9059. Wars included, 9065. Who excluded, 9061. Life saving service, 8543. Mºase prior to July 27, 1868, etc., 7. 9066, Marriage, proof of, Spanish war pen- sioners excepted, 9096. Mexican War, 9036–9038. Militia, national naval 3078b (12). Naval militia in service of United States, 3078a (38). Service of United States, 3076, 3076a. Missouri State Militiamen, 9023, 9024. National Home for Volunteer Soldiers, widows of inmates, 9265, 9267. Naval officers, 9032. Not to have for the time the husband received, 9051. Pensioners stricken from rolls for aid- ing rebellion, 9057. 8985a, 8985b, volunteers, Philippine insurrection, Appendix p. 1796. Postal employés, payments to legal representative for benefit of employé killed on duty, 7246b. Privateer pension-fund, 9091. Proof of marriage, Spanish war pen- sioners excepted, 9096. Rate, 89816, 9037. Rate where death of husband is not result of service, 8984. Remarriage, effect on right to pension, 9036, 9053, 9058, 9065. Restoration of pension on renewed widowhood, 8981b, 8993, 8994. Revolutionary widows, when and from what time pension to be increas- ed, .9000. Not to have claim for pension al- lowed after April 2, 1862, when, etc., 9069. Right to accrued pensions of hus- bands, 9015. Spanish war, 8985a, 8985b, Appendix p. 1796 - Soldiers in war of 1812, 9052. War of 1812, 9047. Application previously made to be considered as made under act, 0.55. Pensioners stricken from roll for aiding rebellion, 9057. Proof required, loss of certificate of discharge, etc., perjury, 9054. Rate, 9053. Wife, half pay to on desertion, 9096. Payment to in Case of insane pension- er, 9096. - Withholding, notice and hearing, 9050. Not to be held from any person who is in arrears, etc., 9049. Penalty, 8938, 8985. g Witnesses, subpoena, to and fees of in pro- ceedings to determine pension frauds, Wounds received in service, 8934. After July 27, 1868, must have been received in line of duty, 8942. IPEONAGE Hºs or returning persons to peonage, PEONAGE (Cont'd) | InVoluntary servitude prohibited (Const. a.m. 13, § 1) Obstructing enforcement of law, 10443. System of prohibited and laws of states for annulled, 3944. * Enforcement of abolishment, 3945. PEONAGE ABOLITION ACT See Peomage. Text of act, 3944, 3945, 10442, 10443. PEORIA INDIANS Laws relating to allotments in severalty | not to apply to, 4206. Exception of Indians in Indian terri- tory, 4207. PEREMPTORY CHAILLENGES Jurors, 1264. - Capital cases, 1697. PERFUMIES Customs duties on, 5291ſ48). Exportation, drawback of internal reve- nue tax on alcohol, 5724. Internal revenue taxes, 6309%a, 6309%b. Imported perfumes containing dis- tilled spirits, 5986a. Payment, vendee or lessee in Cer- tain cases, 6348b. • When held or intended for sale, 6309% c. e - PERIODFICATIS See Postage. Blind, transmitted free, 7385. Court of Customs, Appeals, 1181. Department of agriculture, exchange, 814c. Pºrtment of Commerce, purchase for, 61. Fºnse, ‘Department of Agriculture, 14c. Expenditures for, restricted, 3263. Geological Survey, purchase for, 775. Importation, regulation, 5522. Labor Department, purchase for, 936. Mail, delivered by route-agents, 7340. Prepayment of postage, penalty, 7311. Notice to be given of refusal to take, 7338. Paid editorials and reading matter to be marked “advertisement,” 7314. Postage, 7356, 7357, 7360. Foreign mail-matter, 7.366. Periodicals sent by others than pub- lisher or news agent, 7361, 7361a. Restrictions on purchase of, from appro- priations for contingent expenses, 6786. Second class mail matter, 7304–7314. Conditions of admission, 7306. Foreign periodicals, 7307. Stamps, discontinuance, 7359. Surveys for irrigation works, 4744. Sworn Statements of names, etc., of edi- tors, owners, etc., 7313. Third class mail matter, 73.15. Uncalled-for, may be returned to publish- ers, 7423. Zone rates, 7358a-73586. PERISHABLE PROPERTY Cargo of vessel in distress, sale, 5584. Customs duties, allowance for damages or injury, 5602. Sale after seizure, 5783. Internal revenue laws, sale after seizure, Nonmailable, 7319. wºouse Sale of, when deposited in, PER JURY * See Indictment ; Instructions ; Juris- diction ; Swbornation of Perjury. Affidavits, paupers, 1627. Public land laws, 4546. Labor or improvements on mining claims in Alaska, 5051. Seaman procuring certificate as able - seaman, 8363a. Alaska, coal land leases, with, 50784. Applications for purchase of timber and stone lands, 4672. Appraisers of customs, false swearing be- fore, 5597 Census officers and employes, false swear- ing by, 4408. Claims against United States by persons in military service, 2308a, , art. 94(5). Claims by persons in naval service, 2975 in connection cºular officer, vertification of account of fees, 3184. Copies of returns in returns office as evi- dence in prosecutions for, 1501. Defined, punishment, 10295. Elector in Alaska, 3553. PERJURY (Cont'd) Employes’ compensation false swearing before, 8932t. Extradition for, of fugitives from foreign countries, 10110. Foreign language publications, statements relating to, 31.15%j. Immigration proceedings, 4289%i. Investigation as to interest of applicant for lease, etc., 5254. Liquor laws, in Alaska, false oath prosecution, 3643OO. In District of Columbia, in prosecution, 342.1%p. Military service, punishment of persons in, 2308a, art. 93. Naturalization cases, commission, false in false oath false swearing, Naval court-martial, prosecution of, 1689, Oath, claimant for pension, 9038. Taken abroad, punishable in United States, 3211. Pensions, applicant for, 9060. Punishment of persons in military serv- ice, 2308a, art. 93. Search warrant, proceedings for obtain- ing, 10496%.s, 10514a–15014d. Sureties on bond of bidder for contract to carry, mail, 7434. War risk insurance act, false statements in claims under, 514nn. Witnesses before, congress, 1467. Federal Trade Commission not ex- empted from prosecutions for, 8836i Interstate Commerce Commission not exempted from prosecutions for, 8577, 8578. United States Tariff Commission, 5326g. PERMANIENT APPROPRIATIONS See Appropriations. Agricultural colleges, 8871-8877. Co-operative extension work, time, manner, etc., of payment, reports of amounts received and disburse- Iments, 8877d. Agricultural experiment stations, 8883, 8884, 8891, 8897. Disposal of unexpended balances, 8884, American Printing House for the blind, 9386, 9388. Appropriations in annual appropriation acts not to be construed to be perma- ment, exceptions, 6804. Bullion, parting and refining, repeal, dis- position of unexpended balance, 6691. Checks covered into Treasury, payment after being outstanding three years, 481, 482 Citizens dying abroad, proceeds of per- sonal estates of, 6799(3). Customs revenue, collection, balances, .6805. Debentures and drawbacks, 5751, 6799 (19, 20). Expense of co-operative extension work by Agricultural Colleges, 8877c. Horses and other property lost in military service, 6799(34). Indefinite appropriations, 6799. In annual appropriation act not con- strued to be permanent, exceptions, disposal Of Repeal of appropriations for salaries and contingent expenses of steam- boat inspection service, 8223. Inspection of cattle, meat products, etc., 8682 Interest, funds of Smithsonian Institution, 99 (49) North Carolina Cherokees, 6799 (47). Pacific Railway bonds, 6799 (10). Public debt, 6799(9), 6813. Interior department, 6799 (41–49). Internal Revenue, redemption of stamps, 6799 (18). Tax illegally collected, 6799 (17). Marine-hospital establishment, 6799 (24). National forest reservation COrnmittee, . 5187. Navy department, 6799(34, 40). Parole of prisoners, 10539, 10541, 10543. Drize-money to captors, 6799 (40). Proceeds of sales of public lands in cer tain states, 6799 (42). Public debt, payment equal to interest ow sinking fund bonds, 6798. Refunding, customs duties, 5718. Duties on goods destroyed, 6799(23). Internal-revenue taxes illegally col lected, 6799(17). Land sold erroneously, 4771, 679964* GENERAL INDEX [Page 2244] [References are to sections, except where otherwise IP E JR, MI A N E N T APPROPRIATIONS (Cont'd) Refunding (Cont'd) Money paid through mistake as fees accruing at Patent Office, 9484. Moneys recently received covered into treasury, 6799 (14). National debt, 6799(12). . Proceeds of goods seized or sold for illegal importation, 6799 (26). Unclaimed merchandise, 6799 (27). Repayment of, duties or moneys paid un- der protest, 6799(22). Excess of deposits, for unascertained customs duties, 6799 (22). To cover cost of surveys of mineral lands, 4813. Revised Statutes not repealed by incor- poration of parts of acts, 10593. $eamen, indemnity for lost clothing, 6799 9 (39). Sinking fund, 6799(13). Soldiers’ Home, 6799(33). Steamboat inspection service, repeal of permanent indefinite appropriations for salaries and contingent expenses of, 8223. §upreme Court reporter, second volume of decisions, 6799 (50). Surveys, deposits by individuals for sur- veying public lands, 6799 (41). * Lands on head waters of navigable streams, 5176. Lands within limits of railroad grants, 887. Resurveys, 4824. Swamp-lands, indemnity for, 6799 (43). PERMANIENT CENSUS ACT See Ceºl Sºls. - T; of act, 909-911, 913, 914, 4389-4391, 4403, 4. PERMITS See Licenses ; Licensed Vessels. Alaska, coal lands, 5078k. Customs laws, coasting trade, neighboring districts, 8101. Coasting trade, neighboring districts, exceptions, 8109. Neighboring districts, penalty for proceeding without, 8102. Remote districts, 8105–8109. Delivery of before unlading, penalty, 8107, 8108. Exceptions, 8109. Pºy for proceeding without, Unlading qf vessel, arriving from remote district, 8.107. When granted, 8103. Collectors’ fees, 5393. Countersigned by naval officer, 5364. Discharge of vessel at quarantine, 9151. Domestic trade, fee for, 8.136-8138. Return of, 8081. Signatures to, 8081. Foreign vessels bound coastwise, 8120. Delivery on arrival, 8121. Penalty for non-compliance, 8122. Fºne, counterfeiting, etc., penalty, Lading, after preliminary entry, issu- ance, 5562. For exportation, 5738. Landing of baggage and tools, 5498. Removal of merchandise from ware- houses at quarantine, 9153. Transportation by land of, foreign mer- Chandise across New Jersey and DeI- aware, 8115, 8116. Unlading permit, 5557, 5558, 5562, 5563, 5821, 5833, 8103, 8107. Not required for cargo from Amer- ican port, 5831. Vessels arriving at insurrectionary district to go to another port, 10157, Departure of enemy aliens from United States, 7615. Depositing, material in New York Har- bor, 9.935. - Refuse in navigable waters, 9918. Diversion of waters from Niagara River, 9989h, 99.89i. 89897, Appendix p. 1799. Entry into or departure from United States, 7628e-7628h. Excavations, archaeological sites, exami- nation of ruins, 5280. Mesa Verde National Park, 5240. Exclusive permits to mine below tides in Alaska, forbidden, 5047. Exemption from requirements as to, 8112. Fishing-Vessels to touch at foreign port, 8117. Penalty, 8118. PERMITS (Cont'd) Foreign language publications, 31.15%j. Forging, etc., of naval, military or offi- cial permit, 10240c. Grazing of live stock, national parks, 787f. Hunting, fishing, etc., on national forests, disposition of receipts, 5187aa. Importation, birds and animals, 10411. Nursery stock, 8752. Viruses for domestic animals, 8785(5). Internal revenue, brewer to carry on business at other place on account of accident, 6.157. By collector of internal revenue to dis- tiller to receive fortified Wines on premises, 61.18. Exportation of distilled spirits with- drawn from bonded Warehouse with- Out payment of tax, 6125. Fºulent execution of as offense, 353. Removal of, fermented liquors for stor- age without stamps, 6151. Stills, 6003. * Tobacco, etc., for exportation, 6192. Withdrawal of alcohol from bond for scientific purposes, 6066, 6067. Natiº parks, etc., use of lands, etc., 787f. Mesa Verde National Park, 5242. Prospecting for potassium, 4640e-4640k. Residence of enemy aliens, 7615. River and harbor improvements, tempora- ry occupation or use of, 9919. Ruins, examination of, 5280. St. Elizabeth’s Hospital, use of certain lands, 9308d. Shipment of alcohol to Alaska, for scien- tific purposes, 3643ff, 3643g. Steam vessels, additional passengers On excursion, 8230. Use of boiler plates, not in accordance with regulations, 8192. Tea, delivery of, 8790, 8791. Transportation of alcohol by pharmacists in Alaska, 3643bb-3643dd. Viruses, etc., for domestic animals, es- tablishment for preparation of, 8785(6). Wagon roads, etc., in Alaska, 5087. Wharf in Potomac River, 9942–9945. Wines for sacramental purposes in Dis- trict of Columbia, 34.21% c. PERSHA - See Consular Courts. Chargé d'affaires and consul general at Teheran, Salary, 3118. Consular courts in, provision of title re- Iating to extended to Persia, 7672. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7672. PERSON Defined, 1, 3115/16a, 3115*/16d, 31.15%.cc, , 31.15%p, 31.15%bb, 31.15%d, 5842, 5896, 6336%a, 7628h, 8146t, 8763, 8776, 8818, 8830, 8849, 9967, 9983, 10096, 10511. 8146a, Appendix p. 1789. Search under customs laws, 5763. PERSONAL INJURIES carriº, employees, assumption of risk, 8860. Contributory negligence, 8659. T]efective equipment of cars in inter- state commerce, 8612, 8621, 8622. Limitation of actions, 8660. Limitation of liability, 8660. * Negligence, 8657, 8658. Survival of right of action, 8665. Employés’ Compensation Act, 8932a–8932uu. Internal revenue officer, right of action for injuries sustained in performance of du- ties, 5894. Passenger on vessel, and owner, 8269. Seamen, fellow-servants, seamen in com- mand not fellow-servants with those un- der them, 8337a. PERSONAL PROPERTY Sale under order or decree, 1641. PERSONAL SERVICES Advertisement for proposals unnecessary, 832. liability of master PETITION Bankruptcy proceedings, persons entitled to file, and dismiss, 9643. Time for filing, 9587. Civil service, right of officers in, 3287. Commerce cases, 996. Condemnation of land in District of Co- lumbia, 6914. Court of Claims, 1150. indicated.] PETITION (Cont'd) Equity proceedings for enforcement of tariffs, prohibition of discriminations, etc., 8599. Hydraulic miners to California Débris Commission, 10013–10015. Injunction against monopolies, 8823. Interstate Commerce Commission, en . forcement of orders for payment of money, 8584. Violation of law by carrier, 8581. Naturalization; 4352(2). Remission of fines, penalties and forfei- tures by district court, 10132. Removal of causes, 1011. Against persons denied civil rights, Against revenue officers, etc., 1015. Restoration of property seized for vio- lation of embargo on exports in time of war, 7678f. Writ of error in capital cases, 1703. | PETROLEUM Entry of petroleum lands under placer mining laws, 4635. Lands in Utah, 4638-4640. License for use in the production of mo- tive power of vessels, 8244. Mode of packing crude or refined petrole- um for Shipment on steam Vessels, pen- alties, 8245–8246. Patents, transfer of amount before dis- covery of oil, 4637. Steam passenger vessels not to carry pe- gºum, crude or refined, exceptions, 8242. Withdrawal of petroleum lands from en- try, disposition of petroleum or pro- ; pending application for patent, 7a. PETTY OFFICERS IN NAVY Coast Guard, 8459%a (2). Disposition at expiration of term, 2591. Hospital corps, 25.13a. Medals of honor for distinguished serv- ices, 2713-2715. Pay, 2816. Pºhments by order of commander, 85 Rations, 2880. Settlement of accounts, 2866. Who deemed, 2562. PHARMACISTS Alaska, permits for transportation of al- cohol in, 3643b-3643dd. Revocation of license for violation of liquor law, 3643n. District of Columbia, revocation of li- cense for sale of liquors, 34.21%bb. Sale of liquors, 34.21%bb. Fleet Naval Reserve, commissions as, 2900%b (8). & Navy hospital corps, 2513-2514. Regulation of practice of, and sale of poi- sons in consular districts in China, 7696b-7696n. PHILADELPHIA （IARBOR, Anchorage buoys, maintenance by light- house board, 8440. -> PHILANTHEROPIC SOCIETIES Postage on second class mail matter of, 7358b. . PHILIPPINE COMMISSION See Philippines. Bonds of deputy mineral Surveyors fixed by, 3859. cºuance until legislature organized, Creation ratified, 3804. Discontinuance, 3817b. Enacting clauise, 3804. Licenses to lighters, 3914. Members, appointed by consent of Senate, 3804. Military Academy, Filipinos to be desig- nated to receive instruction at, 2234, 2234a. Regulations, annual labor on lode claims, 3846. President With Enforcements . Of Certificates of res- idence of Chinese in Philippine Is- lands, 4339. Report to Secretary of War, 3906. Transfer of authority to legislature, 3813. PHHI,[PHPINE GOVERNMENT ACTS See Philippines. Text of act, 345, 431, 1225a, 2107, 2160, 2163, 2170, 3804, 3808, 3821, 3823–3883, 3885– 3892, 3905, 6581, 6852, 7679. GENERAL INDEX ' [Page 2.245] [References are to sections, except where otherwise indicated.] PHILIPPINE ISLANDS See Philippine Coºm ºvission ; pines. PHILIPPINES . See Philippine Commission ; Special Ldºws. r Acknowledgment of deeds, validity in ter- ritories and District of Columbia, 8260. Affidavits, mineral land laws, 3857. Agricultural lands, contest as to character of land, 3857 - . Alienation of lode claims permitted, 3849. Alien passengers list, 4289%g. - Philip- Appeals and writs of error from Supreme || court of, 1225a, 1225b, 1228a. Appropriations, funds, available succeed- -- ing year, 3814f. . Pººse of metal for coinage, 3889, Redemption of minor and subsidiary coins, 3892. * Army, term of service, limitation, 1999á. Arrest of and removal of fugitives to or' from, 1675. Assistant auditor, ties, 38.176. Auditor, appeal to governor general from decisions of, 3817e. IJuties, 3817d. Reports, 3817d. Salary, 38.18a. Supervision 7d. appointment and du- by governor general, Banks, application of Federal Reserve Act, 9801(2c). Bill of rights, 3810. Bills of lading, order bills of interstate carriers may be issued in parts or sets, 8604bb, 86046. Bonds, deputy mineral surveyors, 3859. Exempt from taxation, 3907 Issuance and limit, 38.12b. Issuance for acquisition of lands of re- ligious orders, 3874. Interest and payment, 3875. Manila public improvements, 3883. - . - Municipal bonds for public improve- ments, 3876-3879. - Public improvements, 3908. * = Bureau of education, part of public in- struction department, 3817c. Bureau of health, part of public instruc- tion department, 3817C. - * , Bureau of Non-Christian tribes, estab- lishment and duties, 3817b. Bureau of public lands, appointment of deputy mineral surveyors, 3856. Publication of land notice in paper designated by, 3857. - Certificate of residence of Chinese in, en- forcements of regulations, 4339. 3880- Certificates of indebtedness, design, 3903. Use of proceeds, 3897. Certiorari from supreme court of United States, 1225b. - Citizens, coal lands entered by, 3863. Mineral lands entered by, 3831. Citizenship, 3809. . Proof by mineral lode claimant, 3845, 3848. - Civilian employés of navy, pay, 2797. Coins, approval by president of laws af- fecting, 38.12a. Deposited to secure silver certificates, 3899. Designs, 3903. Devices and inscriptions, Gold peso, 3893. . Laws of United States relating to mints and coinage extended to IS- lands, 3886. Metal purchased for, 3889. Mººn dollar, use for limited time, 3898. Minor coins, 3888. Mint at Manila, to coin, 3886. Parity between gold and silver pesos maintained, 3897. Place of coinage, 3890, 3901. Purchase of metal, 3900. Redemption of minor and subsidiary coins, 3892. Silver peso, Devices and inscriptions, Legal tender, 3895. Place of coinage, 3901. * Weight and fineness, 3894. sººn coins, use for limited time, 3891, 3902. amount coined, 3896. 3902. ' Subsidiary silver coins, 3887. . Wººt and fineness, how changed, PHILIPPINES (Cont'd) commºe. between islands, regulation, President to regulate during insurrec- tion, 3808. Compensation, 18a, 38.19 Taking of private property, 3884. Concessions, mineral lands, 3370. Mineral lands, cancellation, 3872. Constabulary, Chief, assistant, 1743. Assistance of Philippine scouts, 1744. Detail of army officers, 1743, 1999. Naturalization of persons, in military or naval service, 4352(7). º Supreme Court justices, Corporations, foreign corporations subject to restrictions, 3885. Involuntary servitude not employed by, 3884. - Pº. to hold real estate restricted, d * - Stock issues of utility corporations re- stricted, 3884. Courts, judges, appointment, 3818. Jurisdiction, g Courts of first instance, condemnation of property intended for export in time of war, 7678e-7678k. Jurisdiction, actions under copyright 1aws, 9547, 9555. . Offensés under 1051.4b. - Offenses under Trading with Ene- my Act, 31.15%ii. - - - - - - Cºney laws, approval by president, 128. t Currency, silver certificates, 3899. Customs duties, free list, United States products and manufactures, 5294. Imports from, collection of, 5534. Trade with United. States, 3905. Customs officers, laws for protection o seamen exeguted by, 3905. - - Damages, water rights, 3859. Declaration of rights, 3810. Defined, 3804a. - Depositories of public money, 6580, 6581. Deposits of ptiblic funds in banks not be- longing to Federal reserve bank system, prohibited, 9798(2). . Deputy auditor, duties, 3817d. Salary, 38.18a. Deputy mineral surveyors, and duties, 3856. Bonds, 3859. - Lode claims, posts moved by, 3835. District attorney, powers under espion- age act, 10514b. Elections, districts, 3814c. Qualifications of electors, 3814b. Time, 38.14c. • - Eminent domain, authority to exercise granted for public utilities, 3884. Right of government, 3873. Escape, of prisoners, 10309. Executive departments, Bureau of Non- Christian tribes, establishment and duties, 3817e. • Continuance, 3817b. Head may act as governor general during absence of, etc., 3817c. Heads of, appointed by President with Consent of Senate, 3804. Power to change, 3817b. $ Public instruction, composition, 3817c. Expenses of government, etc., payment, 3804b Export duties, prohibited, 38.12b. espionage act, appointment Extradition of fugitives from, 10.124, 10.125, Franchises, conditions of grant, 3884. Governor-general, acting judge of Su- preme Court designated by, 3819. Appeal to from auditor’s decisions, 3817e. Appointed by President with consent of Senate, 3804, 3817a. º Appointment of senators and repre- sentatives, 3814C. Assistant auditor, appointment, 3817d. Auditor’s report to, 3817d. - Authority confirmed, 3804. Delivery of foreign fugitives after ex- tradition, 10.124. Designation of Filipinos for instruc- tion at naval academy, 2721a. Distribution of copies of congression- all record, etc., to, 7047. Duties with, reference to bonds, 3909. Election, fixing time of, 3814C. IHabeas Corpus suspended by, 3810. Judges of courts, appointed by, 3818. railroad PHILHPPINES (Cont'd) Governor-general (Cont'd) Military academy, appointment of Cadets, 2234a. - - Powers and duties, 3817a. Removal of senators and representa- tives, 38146. Reports, 3817a. - - Resident commissioners, appointments to vacancies, 3815. . Salary, 38.18a, 38186. Special sessions of legislature, power to call, 3814e. Supervision of auditor, 38.17d. Title, 3817a. Transmitting acts to president for approval, 3822. w Vetoes of legislative acts, 3814f. Health, United States laws relating to, made applicable, 3905. Homestead, limit of area, 3823. Immigration, head tax on aliens entering, 4289%aa. Laws administered by insular officers, 3911, 4289%a. - Laws, approval by president, 38.12a. Lists of alien passengers, 4289%g. Money received from, 3911. impºrom, authentication of invoices, Collection of duties, 5534. Internal revenue tax, 5294. Subject to customs duties, 5294. Imports into, United States tariff not ap- plicable, 5291. - Withdrawn free of duty or tax from ºted manufacturing Warehouse, 674. - - Income tax, courts invested with jurisdic- tion to compel attendance of Wit- ness and production of books, 6336V. Extension of act to, 6336v. Laws relating to, 6336vv. Not to impose burden on government, 6336k(b). - - ..:* Officials not exempted, 6336v. Revenue to accrue to general govern- ment, 6336V. . Indebtedness, limit, 38.12b. Purchase of lands of religious orders, Insane native soldiers may be cared for in local asylum, 9306. Internal revenue, drawback on articles Shipped to, 6338. * - Manufactures imported to United States exempt from, 5294. Money collected to be paid into in- Sular treasury, 5294. |United States manufactures, 5294. Involuntary servitude, corporations not to contract for, 3884. Islands included, 3804a. Laws, amendment, etc., 3804e. Subject to annulment by Congress, 3814f, 3906. . - What laws are in force, 3804c., 3804d, 3804f. . Legal tender, gold coins of the United States, 3893. - Minor coins, 3888. Silver coins, 3896. Silver peso, 3895. Legislative power, laws, 3804e. Declaration of rights, 3810. Enacting clause, 3804. Grant to Iegislature, 3812, 3813. Legislature, approval of acts by presi- dent, 38.12a, 38:14f. Authority of commission transferred to, 3813. . Citizenship privileges extended by, 3809 amendment, etc., of Composition, 8813. Election regulations, 38.14c. Laws affecting public lands to be ap-. proved by president, 3822. Members, election, qualifications, terms, compensation, etc., 3814-3814e. Name, 3813. - - Organization, 3814e. Powers, 3812, 3813. - 3817b. Changing departments, Procedure, 3814f. Resident commissioners elected by, 3815. - Sessions, 3814e. .* Vacancies filled by Special election, 38.14d. - Vetoes by governor general, 3814f. Library of Philippine government, dis- tribution of public documents to, 7138. License fees, power to impose, 38.12b. GENERAL INDEX [Page 2246] [References are to sections, except where otherwise indicated.] PHILIPPINES (Cont'd) Lighters, licenses, 3914. tº Limitation on indebtedness, 38.12b. Manila, bonds for public improvements, denominations and interests, 3881. Bonds for public improvements, is- Suance and limit, 3880. Use of funds, 3882. Sewers, issuance of bonds for con- struction of, 3880-3883. Water, issuance of bonds for supply, 3880-3883. Merchant seamen, laws for protection of, 3905. . Military stores Department, ceived, 1964. Militia, drafting into service of United States, 3048a. Mineral lands, acquired only as provide in act, 3871. - Affidavits, 3857. Coal lands, conflicting claims, 3867. Declaratory statement of ence rights, 3865. Limit of area, conformity to Sur- transferred to Insular application of funds re- vey, 3863. - Number of entries restricted, 3866. Preference right to possessors, Price, 3863. Concessions, cancellation, 3872. Prior to 1899, 3870. Contest as to character, 3857. Exploration and purchase by citizens permitted, 3831. Lode claims, abandonment, notice, 3844. Adverse claims, 3849. Affidavit and declaration, 3838, 3839. Alienation permitted, * Annual labor, 3846. Certificate of labor and improve- ment, 3847. Claimant limited to one Claim. On the same lode, 3843. Direction governed by line, 3836. Forfeiture for failure to perform annual labor, 3846. Fractional claim, declaration, 3839. Location, dimensions, 3832. Marking of claims, 3833. Mill site on contiguous land, 3858. location affidavit and Notice of application for patent, 3847. Patents, 3847. - Preference to surveys, 3850. Priority of location, 3842. Proof of citizenship, 3845, 3848. Recording, 3841. - Rights to minerals, 3837. Patent, government, regulations Con- tained in, 3859. - Mill sites, 3858. Placer claims, 3855. Placer claims, building stone lands entered as, 385]. Conformity to survey, 3853, 3854. Limit of area, 3853. . Patents, 3865. Petroleum lands entered as, 3852. Plat, 3854. Regulation by insular government, 3859. Reservations from public land grants, 3869. . Restrictions on sale, 3830. Saline lands, publication of proclama- tion of sale, 3868. - Sale, 3868. Mint, gºinage of subsidiary minor coins, Established at Manila, 3886. Monopolies, Clayton Act relating to mo- nopolies not to apply to, 8835a, (2). Municipal courts, jurisdiction, 3818. Municipalities, bonds for public improve- #ts. denominations and interest, 3877. Bonds for public improvements, in- sular government to levy taxes to pay, 3879. Issuance and limit, 38.12b, 3876. Use limited to purposes for which issued, 3878. Expenses, 3818b. - Officers, salaries, 3818b. Taxes levied by insular government, fºrest and sinking fund for bonds, Naturalization of natives of in service, 4352(7, 13). f prefer- PHILIPPINES (Cont'd) Naval academy, Filipinos graduating from, not entitled to appointment to commissioned office in navy, 2721a. Filipinos to be designated for instruc- tion, pay, allowances, etc., 2721a. Navigation laws administered by consu- lar officers, 3915. - Qaths, mineral land laws, 3857, Officers, compensation not exempted from income tax, 6336V. Opium, registration and tax, cable to, 6287h. Pºnt of governmental expenses, etc., 804b. - Pay of officers and enlisted men serving on army transports, 2096. P; constructed by insular government, 3821. - - act appli- Property, acquired by government, 3873. Non military, placed under control of insular government, 3822. Taking for public purposes, compen- sation required, 3884. Provinces, bonds for public improve- ments, issuance and limit, 38.12b. Expenses, 3818b. Officers, salaries, 3818b. Provincial secretary, notice of abandon- ment of lode claims given to, 3844. Recording lode claims, 3841. Public dues, payable in Mexican and Spanish coins for limited time, 3898. Public lands, adverse lode claims, 3849. Agricultural lands, entries, payment for minerals, 3831. . Contests as to character, 3857. Building stone lands enters as plac- ers, 3851. g . Claimants from Spain, titles perfected how, 3824 Classification, 3823. Districts, 3862. Forest lands, 3827, 3828. Mill sites, 3828. Preservation of forests, 3827. Regulations continue in force, 3828. Reserved from sale, 3825. Sale restricted, 3828. Grants for public purposes, lands reserved, 3869. Homesteads, fractional subdivision ad- joining placer claim entered as, 3854. Lands acquired from religious orders, 3874, 3875. Laws affecting president, 3822. : Leases, preservation of forests, 3827. license to cut timber, mineral to be approved by Lode claims, alienation permitted, lºſion line of discovery, posts, p: iºd by surveyor only, Mineºland. 3830–3859. Reserved from public land grants, 3869, Fleserved from sale, 3825. Moneys received from, used for in- sular purposes, 3827. Occupants’ right to purchase, 3825. Officers of land districts, 3862. Oil lands entered as placers, 3852. Patents, claimants from Spain, 3824. Lode claims, 3847. Notice of application, 3847. Mill site, 3858. Subject to water rights, 3861. Petroleum lands entered as placers, Regulations to be approved by Presi- dent in Congress, 3823. Sale of agricultural lands, 3823. Sale to occupants, 3825. . . Preference, 3826. Survey, coal lands, form to, 3863. Placer claims to conform to, 3853, j4 entries to Con- Reference to, in description of mineral claims, 3850. - Public utilities, franchises for, 3884. Quarantine, United States laws relating to, made applicable, 3905. Radiotelegraphs, act not applicable to, 10.109. Railroads, bonds guaranteed by insular government, 3909. - Material admitted free of duty, 3910. Real estate, powers of corporations to hold restricted, 3885. PHILIPPINES (Cont'd) Religious Orders, land acquired by gov- ernment, 3874. Lands acquired from, occupant's pref- erence right to purchase, 3875. Representatives, appointment by govern- Or general, 38.14c. Compensation, 3814e. Election, 3814a. Holding other office prohibited, 3814e. Number, 3814a. - - Privilege from arrest, 3814e. Qualifications, 3814a. Removal by governor general, Term, 38.14d. Resident commissioners, elected by legis- lature, 3815. Expense allowances, 3815. Qualifications, 3815. - Rights and privileges, 3815. Salary, 3817. Term of office, 3815. Vacancies, how filled, 3815. Restrictions on use of appropriations for printing and binding for, 7175. Retirement, computation for, 2085-2087. Rivers and harbors, innprovement, 3821. Licenses for lighterage, 3914. Salaries of Officers, 38.18a, 38186. Scouts, appointment to fill vacancies in grade of second lieutenants, 1920a. Assistance to constabulary, 1744. Captains, 1741, 1742. Fºment and organization, 1741, 174 38.14d. Existing laws to remain in force, 1991a. - 1991a, Appendix p. 1755. - Filipinos, eligibility on graduatio from military academy, 2234 Officers, appointment as officers of militia, etc., of islands drafted into service of United States, 174la. -> Computation of period of service, 1741aa. - Eligibility for commissions in reg- ular army, 1920a. 1920a, Appendix p. 1751. Retirement, 2049a. Pay, 2154, 2155. - Secretary of Interior, designation of sa- line lands, 3868. Senators, appointment by governor gen- eral, 38.14c. - Compensation, 3814e. Election, 3814. Holding other office prohibited, 3814e. Number, 3814. - : Privilege from arrest, 3814e. Qualifications, 3814. - Removal by governor general, 38.14d. Term, 38.14d. - Sewers, bonds issued for construction of, 3876–8879. Signal Corps, 1862. Silver certificates, 3899. Design, 3903. - Soldiers and Sailors, homestead, 4592. Supreme Court, jurisdiction, 3818. Jurisdiction in admiralty changed only by Congress, 3818. Justices appointed by President with consent of Senate, 3818. Compensation, 38.18a, 3819. Judge of court of first instance designated temporarily, 3819. Special terms outside Manila, 3820. Tariff acts, approval by president, 38.12a. Taxation, power, 38.12b. Taxes levied by insular government, pay- ment of Manila, public improvement bonds, 3883. * * - - Tonnage duties, refundment, 7813a. Trade with United States, clearance and entry of vessels, provisions for for- eign trade applicable, 3523. Regulation by Congress, 38.12a. United States laws relating to for- eign trade applicable to, 3905. Transportation of government employés by army transport service, 1976. Tººn evidence necessary to convict, 3811. - Treasurer, silver certificates issued by, 3899. |United States, Constitution and laws not extended to, 3804, 3804C-3804f. - Value, unit of, 3893. Vessels, registry, 3912. Subject to tonnage duties unless own- ed by citizens of Philippines, 7813, 7813a. GENERAL INDEX [Page 2247] [References are to sections, except where otherwise PHILIPPINES (Cont'd) Vessels (Cont'd) Trading between United States and Philippines, log books, 3905. Transportation of passengers and merchandise, 3905. Vice-Governor, appointed by president with consent of Senate, 3804, 3817C. Authority confirmed, 3804 Salary, 38.18a, 3818b. Water, bonds issued for municipal Sup- ply, 3876-3879. Water Rights, 3829. Confirmed, 3860. Damages, 3860. Patents of lands subject to, 3861. Wharves, light-houses, etc., constructed by insular government, 3821. * ' PHILIPPINE TARIFF ACTS See Philippines. - Text of act, 519, 1179-1190, 3811, 5534, 5593, 3674, 5675, 6169, 6174, 6175, 6202 6204, 6338, 6824, 6828, 7811, 7812. PHILIPPINE WARS Officers and soldiers who served in, en- titled to benefits of National Home for Disabled Volunteer Soldiers, 9264a. Pensions to widows and children, 8985a, 8985b, Appendix p. 1796. PHONOGRAPHS Internal revenue tax on, Payment, vendees or tain cases, 6348b. When held or intended for 630.9% c. PHOSPHATE LANDS Entry under non mineral laws, 4640a. Idaho, selection by state, reservation of phosphate, etc., 4863-4865. Leases of naval lands, 647a. PHOSFHORUS MATCHES See White Phosphorus Matches. PHOTOGRAPHERS Coast and Geodetic Survey, salaries, 8561a. PHOTOGRAPHIC PRINTS Agricultural Department, sale of, 831, 832. PHOTOGRAPHS See Portraits. Application for certificate of residence by Chinese to contain, 4324. Copies, furnished by Director of Geologi- cal Survey, 782. 6309%a, 6309%b. lessees in Cer- Sale, Copyright when not reproduced for sale, 9532 - Imported films, censored by Secretary of Treasury, 52910380). Nonmailable matter, 10401a, 10401b. Photographing as offense, appliances Con- nected with national defense, 102.12a. Certificates of citizenship, 10243. Communication of, 102.12b. Foreign securities, 10331. . . Obligations of United States, 10320. Prize fight, importation or transportation, 10416, 10418. PHOTGI, KTHOGRAPHIC COPHIES Patent drawings, etc., 757. Township plats or diagrams, fees for, 711, 712. PHYSICAL VALUATION OF PROP- ERTY ACT See Coºnºmon, Carriers. Text of act, 8591. PHYSICHANS See Medicine and Surgery : Sºrgeon-Geºveral. Board of parole, 10536. Certificates, sanity, 9310, 9325, 9335, 9337. sº, qualifications of physicians, Sw'rgeons ; Common carriers, 8563. Consular districts in China, regulation of practice of pharmacy and sale of poi- sons, 76.96b-7696.n. Examination under War risk act of persons injured, 514rr. Hot Springs Reservation, penalties, 5264. Immigration, 4289%b. Medical, etc., service for persons injured in military or naval service, 514r. Opium, patient’s possession not presump- tively unlawful, 6287n. Registered physicians may dispense without order for, 6287h. Prescriptions for intoxicating liquors in District of Columbia, 342134bb. insurance free , transportation, PIANKESHAW INDIANS Laws relating to allotments in severalty to apply to such Indians in Indian terri- tory, 4207. PIANO PLAYERS Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain Cases, 6348b. When held . 630.9%.C. PICTURES See Photographs ; Portraits. Nonmailable, violation of Espionage Act, 10401a–10401.d. Prize fight, transportation or importation, 10416-10418. PHERS See Wharves. Acquisition by United States of piers of certain corporations, 3115.jj. Alaska, rights of railroads, 5083. Enemy aliens not to approach. Within One hundred yards of, 7615. Northern and Northwestern lakes to be marked by Light-House Board, 8453. Philippines, constructed by insular gov- ernment, 3821. Sites for, acquisition, 8515. Cession of jurisdiction by States to United States, 8436, 8437. IPILLORY Abolished, 10499. PIM, OTS Collision rules, see Collision. Boundary waters between States, 7982. Coastwise sea-going steamers, not regis- tered, to be under control of, when, 8153. Cºal responsibility for loss of life, or intended for sale, Discrimination in rates of pilotage prohib- ited, 7983. Exemption from charges, hospital ships in time of war, 7823, 7824. Exemption from militia duty, 3043 Indians, resident of Metlakahtla, entitled to licenses as, 8188. Inspection officers, inquiries, etc., by to be answered, 8160. Investigation into failure to perform duty, 161. Liable for damages done by their miscon- duct, 8269. License, captain or mate as pilot, 8205. Fee for, 8138. Local inspectors, 8200, 8204. Revocation, 8204 Refusal to serve, etc., 8211. Steam vessels, exhibition of, 8202. Fees for, 8220. Granted, suspended, 8204. Oath, 8207. ośction of navigation, etc., penalty, 21. Panama Canal, regulations for, 10041. Penalty for violating, collision rules, for harbors, rivers and inland Waters, 7907. Regulations as to steam vessels pass- ing, 8167. Pensions to pilots of war vessels, 8934, 8944. Pilot vessels. exempt from requirements as to quarters for crew, 7734. Rules for preventing collision, lights, 7844–7846. Harbors, rivers and inland waters, lights, 7881 When navigating Red River of the North and rivers emptying into the Gulf of Mexico, lights, 7953. Police boat in Potomac River at Washing- ton, D. C., performance of duties of harbor master, 9.953. Selective draft, 2044d. State laws, restricted, 8206. Validity, etc., 7981. - Steam launches of ten gross tons and un- der, engineer and pilot may be one per- son, 8187. Trespass upon quarantine reservations, penalty, 9175. Violation of regulations for navigation of south and South West passes of Missis- sippi river punishable, 9931. War duties, 7708. wºessels When to have pensions, 8934, PINEY BRANCH PARE WAY Part of park system of District of Co- lumbia, 3360a, Appendix p. 1775. or revoked, Alaska, indicated.] PINK BOLLWORM Investigation of, 827a. PIPE LINES Breweries, conveyance of liquor for bot- tling, locks and seals, etc., 6.161. Internal revenue tax on transportation of oil by, amount, 6309%a. By whom payable, 6309%b. Computation, 6309%b. º Exemptions, 6309%b, 6309% c. Returns by persons etc., subject to, 6309%d. - Oil, requisition and operation by presi- dent for common defense purposes, 31.15%jj. - - Right of way, Arkansas, 4952-4957. Colorado and Wyoming, 4949-4952. Forest reserves, 4947. Indian lands, 4192. nºtion, mining, Water supply, etc., Transportation of oil, gas, etc., by, regu- lation as common carriers, 8563. PHPES Distilleries, PIRACY By aliens, 10478. Concealment of pirate or robber, 10508. Condemnation and sale of piratical ves- Sels, 8042. Confederating, etc., with pirates, 10480. Congress, power to define and punish (Const. art. 1, § 8, cl. 10). Defining and punishing, power of Con- gress (Const. art. 1, § 8, cl. 10). Extradition, fugitives from foreign coun- try, 10110. . Foreign commission, under color of, 10477. Merchant-vessels may resist and seize pi- rates, etc., 8041. Neutrality, prosecutions for, not affected by chapter relating to, 10182. President to employ public armed vessels to suppress, etc., 8039, 8040. Punishment, 10463. Robbery on shore by piratical crew, 10475. Running away with or yielding up vessel Or cargo, 10479. Seamen laying violent hands on command- er, 10467. Seizure of vessels fitted out for, 8043-8045. Slaves, confining or detaining on board vessel, etc., 10419. - Seizing on foreign shores, 10420. PITCH Cutting, etc., trees on public lands, 10218. PLACE OF TRIAL See Jurisdiction. PLANK ROAHDS Contracts, for carrying mail on, 7461. Post–roads, 7456. PPLANS Of appliances connected with national defense, 102.12a. Communication of, 102.12b. PLANTHERS * See Chief Planters. PLANT QUARANTINE ACT See Plants. Text of act, 8752–8758, 8.760-8764. PLANTS - See Manufacturing Plants : Plants : . Seeds. Bureau of plant industry, 8764. In agricultural department, 795. Common carrier, violations by, 8762. Diseases, determination of existence in country or locality, 8758. District attorneys to prosecute violations, breweries, etc., 6017a. Nitrate 762. Fºral Horticultural Board, composition, Forgery, etc., of certificates, 8762. Hot Springs Reservation, injuries, penal- ty, 5263. Importation of, diseased plants, etc., for experimental purposes, 8759. Nursery stock, 8752–8758. Plants other than nursery stock, re- strictions, 8756. Interstate quarantine, 8760. Movements from Quarantined locali- ties subject to conditions, 8760. Nursery stock, defined, 8757. Importation, diseased for experimental purposes, 8759. Experimental purposes, 8752. From countries having no official inspection, 8752. GENERAL INDEX IPage 2248] [References are to sections, except where otherwise indicated.T PLANTS (Cont'd) Nursery stock (Cont'd) Importation (Cont'd) O Interstate shipment of imported Stock without notification pro- hibited, 8753. - Issue of permit, 8752. Marking packages, etc., 8754. Notification of arrival, 8753. Prohibition of, 8758. Without permit and certificate of foreign inspection, 8752. Iºtate quarantine, shipments, etc., Movements from quarantined locali- ties subject to conditions, 8760. Regulations for inspection, disinfec- tion, etc., 8760. Penalties for violation of act, 8762. Person construed, 8763. Plant Quarantine Act, 8752-8764. Postage, 7326. - Purchase and distribution of by, Agricul- tural Department, 788. Secretary of Agriculture, 818, 820. Quarantine, 8758, 8.760. Regulºns, inspection, disinfection, etc., 876 Secretary of Agriculture to promul- gate, 8760. Researches of agricultural experiment stations, 8879. Shipments from quarantined localities prohibited, 8760. Smithsonian institution, reception and ar- rangement of specimens, 10575. State terminal inspection, cooperation by postoffice authorities, 8764a. PHLASTER Customs duties on, 5291074). #PHLATE IRON Pººjase of, for steam boilers for navy, 6866. jpHLATES See Dies. Federal reserve notes, 9799(7). Controlled by Comptroller of Curren- cy, 9799(9). Engraving and printing, 9799(11). Examination, 9799 (10). Government publications, cates, 7020. Maps, charts, etc., purchase of, for Hy- drographic office, 7147. National * bank note plates, examination, 9717, 97.18. Destruction, 97.18. Engraving and printing, 9799(11). Pamphlet edition of session laws, prop- erty of the United States, 7115. Supplement to Revised Statutes, property of United States, 7108. PHLATINA Shipper of, to notify carrier, etc., 8019. }{PLATHN JMI Subject to act regulating sale, etc., of explosives, 31.15%aaa, Appendix p. 1772. PLATS See Maps and Plats. PHLATT AMENHDMIENT See Cºwbo. Cuba, 7679. PLATT NATIONAL PARK Acts relating to not affected by admis- sion of Oklahoma as State, 5245. Additional lands, 5244. Appraisement, and purchase of to Wn lots, 5.244. Area, 5243. Jurisdiction over, 5243, 5245. Management and control, 5244. Name of Sulphur Spring changed to, 5246. Payment for lands and improvements, 5243, 5244. Penalty for violation of regulations, 5244. Regulations, 5243. Sale of, improvements, 5244. Intoxicants prohibited, 5243. State not entitled to select indemnity school lines for section within park, #5 - sale of dupli- custody and 9714, 9751, 245. Waters, control and regulations, 5243, 5244. PLAYGROUNDS Capitol grounds, use restricted, 3415. Desert lands withdrawn for, 47.193. PLAYING CARDS . Internal revenue tax on, additional tax, 63.18a, 63.18.h. Exportation without payment of tax, bonds, regulations, 6315. e PLAYING CARDS (Cont'd) Internal revenue tax on (Cont'd) w Forfeitures, Cards sold Without Stamps, 63.17. Removal of stamps and re-using of packages, 63.16. Forging, counterfeiting, etc., or fraud- ulently using or selling stamps, pen- alties, 6314. Imported, tax to be paid in addition to duty, Stamps, etc., 6318. Manufacturers, registration lector, 6312. Tax to be paid by, 63.18. Who are, 6318. Payment, vendees and lessees in cer- tain cases, 6348b. Penalties, failure of manufacturer to register, 6312. Fraudulent use of With col- stamps, etc., Removing for sale without affix- ing Stamps, 63.15. Removing stamps, 63.16. Sale without stamps, 6315, 6317. Removal Of Stamps from, 6316. Removing for sale without affixing Stamps, 6315, Sale without stamps, 6315, 6317. Stamps, cancellation, method, 63.11. Commissioner of internal revenue to prepare and furnish, 6313. Forging, counterfeiting or fraud- ulent use, 6314. Imported cards, 6318. Penalty for fraudulent use, 6311. Removal from package, 6316. Removing for sale without affixing stamps, penalty, 6315. Sale without, penalty, 6315, 6317. Tax to be paid by, 63.10. PLEADING Admiralty, 1543. Giºral powers of courts to allow, 91 penalty, Amendment, allegations of diversity of citizenship, 1251c. Changing form of action uity, 1251a. Defects of form, 1591. Attachment of property of delinquent postmasters, contractors, etc., 1553. , Bankruptcy, 9602. Commerce cases, 996. Answer, 996. - Condemnation of sites for public build- ings, 6910. Conformity to pleadings in State courts, 1537. Court of claims, furnished to executive departments or bureaus by Attorney General, 270, Courts-martial, irregularity, effect, 2308a, art. 37. Demurrers abolished, special demurrer, defect or want of form, 1591 District courts, civil Causes equity or admiralty, 1537. Rules, 1544. Equitable defenses by, 1251b. Equity, 1543. º * e Answer, defenses which may be in- terposed, rules of court, 2509. Enforcement of tariffs, prohibition of discriminations, etc., 8599. Foreclosure of miner's lien in Alaska, to law or eq- other than 5064. - e Indian allotments in severalty, actions relating to, 4215. º Negativing exception in. statute unneces- sary in actions for violation. Of Opium act, 6287n. s Patents, infringement, suits, 9466. Petition in suit against United States, 1575, 1576. Plea in abatement, attachment of prop- erty, postmästers, contractors, etc., 1553. Remóval of causes, 1011. Rules, supreme court, 1543. º verification, petition in Court of Claims, 1150. - PLEASURE BOATS Internal revenue tax on, 6309%d. . Payment, vendees and lessees in cer- tain cases, 6348b. |PLEDGES Assets of War Finance Corporation, pro- hibited, 31.15%g. Bills of lading, issued by interstate car- rier, negotiation of order bill by ºnsor or pledgor without notice, SS. PLEDGES (Cont'd) Bills of lading (Cont'd) Warranties by pledgee, 8604rr. With enemy or ally of enemy, 31.15%dd(a). Pensions to be void, penalty, 9077. Fººge Stamps, etc., unlawful pledging, Postal funds unauthorized loans of, 10395. Public property, punishment, 10199. Security for advances by War Finance Corporation, 31.15%dd-31.15% ee. Union Pacific Railroad, 10055. PLOTTERS Army pay, 2146. Coast artillery, 1731a. Field artillery, 1737, 2144, 2144a. PHLOWER Protection, 8837. PHLöNDERING Navy, punishment, 2969(16). Vessel in distress, punishment, 10470. PLURAL MARRIAGES See Polyga'my. PLURAFL NUMBER, Construction of words in plural or sin- gular number, 1, 31.15% co, 31.15%p, 342.1%r, 3643gq, 4289%tt, 8932tt. PNEUMATIC TUBES Contracts for carrying mail by, 7428, 7429. POHSON - See Insecticides and Fungicides. Adulteration of food or drugs, 8723. Regulation of sale, in consular districts in China, 7696b-7696.n. Transmission by mail, 10387. POLICE - Alaska, enforcement of liquor laws, 36430. Capitol, appointment, 3406, 3407. Arrests for depredations on capitol grounds, 3401. Botanical garden supervised by, 3416. Building and grounds, protected by, 3414, 3415. Number and pay, 3407, 3408, Additional number, 3408a, dix p. 1775. Suspension of members, 3409. Uniforms, 34:11–3413. Insane of District of Columbia, may be temporarily detained at police station, Appen- Metropolitan police of District of Colum- bia to apprehend and detain insane per- sons, 9334, 9335. State police not prohibited by act pro- hibiting states from keeping troops oth- er than militia, 3044b. POLICE COURT District of Columbia, Violations of instructions master, etc., 9953. POLICE POWERS Masters of lighthouse tenders, 8458. Oleomargarine, butterine, etc., transport- ed into State, 8740. Original packages of intoxicating liq- uors, 8738. POLITICAL AIFFHEIATIONS Appointees and employés in census office to be examined without reference to, 4405. Interstate commerce commissioners, 8596. POLITICAL COMMITTEES. Contributions for purpose of influencing elections of members of Congress, 188- 198. - POLITICAL CONTRIBUTHONS - Civil Service Employés not to make, 3272. Election of members of Congress, 188–198. Immunity from official proscription, 10290. National banks, etc., prohibited, 10251. Navy yards, prohibited, 2798. Political Committees, 188–198. Publicity by corporations, officers or di- rectors, 10251. Soliciting, receiving, 10288-10292. POLITICAL OFFENSES Admission of aliens convicted of, 4289%b. POLITICAL PARTIES Contributions for purpose of influencing elections of members of Congress, 188- 198. Members Of United States Tariff Commis– sion to be of different parties, 5326a. POLITICS Civil service regulations, Service. jurisdiction to try of harbor etc., punishment, see Civil GENERAL INDEX POLYGAMY See Indictment ; Instructions. Alien immigrants, excluded, 4289%b. Defined, punishment, exceptions, 10486. Disqualifies for voting or holding office in territories, 3450. Husband or wife as Witness, 1466. In Porto Rico prohibited, 3803aa. Witnesses, attachment, 1493. POMOLOGY Division of, 795. PONTONIERS Enlisted men of engineer perform duties, 1844. PONTOON BOATS Life saving apparatus, regulations, 8258. POOL BALR,S AND TABLES -- Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain Cases, 6348b. When held and intended for Sale, 6309%C. - POOLING Pooling of freights by competing common carriers forbidden, 8567. * POOR. DEBTORS Discharge, convicts imprisoned for fines, etc., method, 1706, 10.138. Postmaster-General, 602, 603. President, 6378. Secretary of Treasury, 6377. POOR PERSONS See Paupers. TOP Internal revenue tax on, amount, 616.1%a. Payment, vendee or lessee in certain Cases, 6348b. Returns Of 616.1%b. HPOPULATION See Census. PORGE:LAIN Customs duties on, 5291080). PORT ARTHUR SHIP CANAL cºyance to United States required, battalion to Imanufacturers, etc., PORTER, See Fermented Liquors. Special excise tax, amount, 6144a. PORTERS - Post-offices, salaries, 7231. PORT JEFFERSON Enrollment and license of vessels for Coasting trade and fisheries by sur- veyor at port of, 8094. Fees, 8095. PORTLAND Port at which Chinese may enter, 4308. PORTO RICO Acknowledgment of deeds, validity in ter- ritories and District of Columbia, 3260. Agricultural real estate, report of, 3803pp. Alien passengers, list, 4289%g. Appropriations, enactment, 3803m. Failure to make, 3803m. Limitations on, 3803m. Order of payment of, 3803n. Veto of items, 3803m. Attornºgeneral, appointment, €. - Approval of treasurer's bond, 3803eee. Powers and duties, 3769, 3803e, 3803ee. Residence, 3803e. Salary, 3792, 3803v. Term of office, 3803e. Auditor, , appointment, 3766, 3803gg. Assistants, 3803gg. Decisions, 3803gg. Appeals to governor, 3803h. Powers and duties, 3771, 3803gg. Reports, 3803gg. Salary, 3792, 3803gg. Term of office, 3803gg. Bill of rights, 3803a.a. Bills of lading, order bills of interstate Carriers, may be issued in parts or sets, 8604bb, 86046. Body politic, 3754. Bonds, 3803aaa. Aºpation Of taxes and revenues, 3766, Officers, treasurer, 3770. Bribery of officers, 3803m. Bridges under control of insular govern- ment, 3760. Bureaus, supervision of government, 3803ddd. Transfers, etc., 3803ww. [Page 2249] PORTO RICO (Cont'd) Cadets, military academy, 2230. 2230C, Appendix p. 1759. Capital at, San Juan, 3803b. Carriers, rates, etc., enactment of laws relating to, 3803p. Census in, 4385. Certiorari from Supreme Court of Unit- ed States, 1223. Citizens, qualifications, 3754. Civilian employés of navy, pay, 2797. Coins redeemable by secretary of Treas- ury, 3758. Commissioner of agriculture and labor, appointment, 3803e. Power and duties, 3803e, 3803fff. Residence, 3803e. Salary, 3803v. Term of office, 3803e. Commissioner of education, appointment, 3766, 3803e. Powers and duties, 3773, 3803e, 3803ff. Residence, 3803e. Salary, 3793, 3803v. Term of office, 3803e. Commissioner of health, - 3803e. Powers and duties, 3803e, .3803g. Residence, 3803e. Salary, 3803v. Term of office, 3803e. Commissioner of interior, 3766, 3803e. Powers and duties, 3772, 3803e, 3803f. Residence, 3803e. Salary, 3792, 3803w. Term of office, 3803e. Corporations, foreign corporations, 3783. Restrictions on landholdings, 3783, 3803pp. e Corrupt solicitation of public officers, 3803rl. ' Courts, appeals, etc., to United States su- preme court, English language to be used, 3791. Appointment of judges, marshals, and secretaries, 3803uu. Creation of by legislature, 38030. Existing courts continued, 3784, 3803g. Jurisdiction and procedure, continued, 3784, 3803xx. Provisional court discontinued, 3785. Criminal prosecutions, under what name conducted, 3764. Customs duties, imports countries, 3748. rººts from United States, appointment, appointment, from foreign 3748, Pºle to Porto Rican government, Deeds, acknowledgment, 3803x. Department of agriculture, leave of absence, 807a. Departments, supervision by government, 3803d dd. Depositories of public money, 6580. Deputy collector for United States in- ternal revenue, 3750, 3751. - District attorney, 3803dq. District court, appeals and Writs of er- ror circuit court of appeals, 1120, 3803r. Appeals and writs of error, Supreme Court of United States, 1215, 3803r. Attached to first circuit, 3803r. Certiorari, 3803r. Clerk, salary fixed by executive coun- cil, 3793. - Designation of court, 3803dq. District of Porto Rico, 38034g. Fees and expenses, 3789. Habeas corpus, 3791, 3803u. Interpreter, salary fixed by executive council, 3793. Jurisdiction 3786, 3803gq, 3803s. Jurisdiction of actions under copy- right laws, 9547, 9555. Jurors, 3788, 3803s, 3803tt. Justices appointed by governor, 3784. Law library, 3803ss. Mandamus, 3803u. Officers, etc., 380340. Salaries, determination by attor- ney general of United States, 3803t. Fixed by 3793. Payable from United States revenues, 3803dq, 3803t. Organization, etc., 3785. Pleadings and proceedings in Eng- lish, 3803r. - employés, and procedure, executive council, [References are to sections, except where otherwise indicated.] - PORTO RICO (Cont'd) District court (Cont'd) Removal of causes, 3803r. $upreme Court reports for, 1203. Terms of court, 3803r. District judge, appointment, 380344. Residence, 1236. Salary, 3803dg. - Supreme court justices to act as tem- porary or special judges, 3787. - Term of office, 3803dq. Traveling expenses, etc., 1236. Vacancy in office, 3803dq. Duties and taxes, used for benefit of, 3752. Elections, delegates, districts, 3777. Officers elected, 3803] ficers’ training corps units, 1881j. Detail of officers, to colleges, 2283. Having reserve officers’ training corps units, 1881.i. * Requested by governments of Cuba. and Panama, 1998. Detail of Officers to United States Shipping Board, 8146bb. Details from line to fill vacancies, 1905, 1905a. - Discharge by purchase, 1893, 1894. Discharge of enlisted men, 2044g. Discharge of officers temporarily ap- pointed, 2044i. Disciplinary powers of commanding officers, 2308a, art. 104. Dismissal of officers, 2001-2003. Engineer corps, increase in enlisted force, 1842a. Engineer train, composition, 1758a. Enlisted force, 1882, 1883. PRESIDENT (Cont'd) Army (Cont'd) Enlisted reserve corps, active service in time of hostilities, 1892a. Number, 1892e. Increase, 1991b. Indian scouts, 1754. Instruction of enlisted men, 1988a. Maximum strength to be raised to in Case of emergency, 1882. When war is imminent, 1991b. Medals of honor, 1937, 1938, 1940. Military academy, increase in ap- pointments, 2230b. Military commissions, procedure to be prescribed by, 2308a, art. 38. Officers, dates of original commission, 1899d. Officers reserve corps, 18814. Appointment as temporary second lieutenant in regular army, 1881.p. Examinations and gualifications for re-Commissioned terms, 1881a. olºnce department, enlisted men, 8. active duty, Promotion, enlisted men, 1916. Examination, 1897, 1897a. Provisional, 1911. Rations, 2172. . Recall of furloughed soldiers, 1892. Recruiting, employment of retired of- ficers and enlisted men, 2026h. Postmasters’ services, 1887a. Regular army reserve, assignment to regular army, 1892b. Mobilization for training or in time of hostilities, 1892b. Pay, regulations for, 1892b, 1892c. Regulations for government, 2308d. Reserve officers’ training corps, divi- SiOnS, Composition, 1881d. Establishment, 1881d. Reserve organizations, departments ; be utilized in connection with, 1892d. * Retirement of, enlisted men, 2082, 2084. Officers, 2045, 2047, 2049, 2053, 2054, ; 2059, 2060, 2061, 2072, 2075, 2076 Sanitary train, composition, 1758a. School detachments at service schools, Sentence of courts-martial, 2308a, arts. 45, 48, 50, 51, 118. Supply train, composition, 1758a. Transfer from retired to active list, 2073a, 2073a.a. Volunteer forces, Volunteer officers, transfer of, 2026i. Waiver of age limits in grade of sec- ond lieutenants, 1920aa. - Army and Navy Hospital at Hot Springs regulated by, 29209. Assistant secrétary, appointment, 227. Salary, 227 - Board of Ordnance and Fortification, ap- pointment, 3112. Boards of general appraisers, designation of president of, 5593. Bonds, customs officers, penalty fixed by, 5357. Organization, 2026b. assignment and Disbursing officers, may regulate and increase, 6638. Surveyors-general, requiring new, 4449. - Books from library of congress, 138. Canadian vessels permitted to aid Ves- sels in United States waters by, 7988. Cavalry force, organization, 1718, 1724. Cemetery at Mexico City for United States soldiers, etc., 9374, 9375. Certificate of cause for absence of ter- ritorial Officer, 3473. Civil rights, direct attendance of judge, etc., for speedy trial of offense against, 3942. º Employment of land and naval forces ip aid of, 3943. Ciyº service, classification of Clerks un- der, £fficiency ratings approved by, 3285. Employés of federal reserve board, 97.94(l). * Federal Farm Loan Board, employés may be placed under, 9835b (9). Regulations for admission to, 32.13. Rules for examinations, 3272. - Coal, fixing price of, in Alaska for use of army and nătry, 5076. .* Coast and geodetic survey, 8548–8562. Appointment of field officers, 8562b. Authority to cause survey, 8548. GENERAL INDEX [Page 2262] [References are to sections, except where otherwise PRESIDENT (Cont'd) Coast and geodetic survey (Cont'd) Employment of vessels, 8557. Surveys 20 leagues from shore, 8551. TJse of maps, charts, etc., 8554. Coast Guard, directing Coast Guard to be under orders of Secretary of Navy, 8459%a (1). Retirement of General Superintendent, 8459% a (4). Temporary promotions of certain offi- cers, 8459%a (21/16), Appendix p. 1792. Commander-in-chief, army, navy and mi- litia (Const. art. 2, § 2, cl. 1). Commissioner of general land office may be required to make plats, etc., 702. . . Commissioner of Pensions, to prescribe duties of, 728. Commissions, officers of United States . (Const. art. 2, § 3). Commission to investigate issuance of railroad stocks and bonds, detail of Of- ficers, etc., in furnishing of information to, 8602. Common carriers, preference in transpor- tation of commodities essential to na- tional defense, 8563(10). Compensation of Panama Canal and Ca- nai Zone officials to be fixed by, 10040. Confinement of enemy aliens, 7615. Congress, adjournment (Const. art. 2, Changing place of meeting of, 33. Extra sessions (Const. art. 2, § 3). Information and recommendations (Const. art. 2, § 3). Consent to consolidation or abolition. of executive departments in Porto Rico, 3803OO. & Consent to postal arrangements With for- eign countries, 587. tº Conservation, distribution, price fixing, etc., of food, fuel and other neces- saries, 31.15%a-31.15%rr. Coal and coke, fixing price, 31.15%q. License for importation of malt or vinous liquors, 31.15%l. Rules and regulations, 31.15%.e. Prevent evil practices, 31.15%k. Use of materials for manufacture of distilled spirits, 31.15%l. Taking distilled spirits, 31.15%ll. Consular officers, authorized to perform diplomatic functions, 31.96. Extension of prohibition against transacting business to certain, 3152. Fees, regulation, 3205. Rates of, 3187. Office rent, allowance, 3159. & Regulations, orders and instructions for, 3212. €onsulates, prescribing extent of Country within, 3147. Control of transportation systems in time of war, 1974a. - Cooly trade, examination of vessels on direction of, 4347. Co-ordination of executive agencies, 283a– 283f. Corps of Engineers, 1842, 1842a. Duties, 1847. Court of Customs Appeals, designation of circuit or district judges to act in, 1179. Courts-martial, procedure to be prescrib- ed by, 2308a, art. 38 Composition, Customs service, reorganized by, 5327, 5327a. Delivery to, of captured flags for dis- play, Demand for preference of military traf- fic in time of war, 8569. Dental surgeons, examination for promo- tion, 1833a. Departments of government may be util- ized in connection with military reserve organizations, 1892d. - Desert lands, Opening reserved desert lands to settlement under homestead laws, 4696. Docks, etc., of certain corporations, quisition of, 3115.jj. Diplomatic officers, assignment of secre- taries to act as counselor, 3130aa. Fees regulated by, 3205. Promotions to be on nomination of, 3130a. Rºlations, orders, and instructions, a C- Transfer of secretaries to embassies and legations from one post to an- other, 3130a. PRESIDENT (Cont'd) Discriminating duties, suspended by, 7825. Disrespectful words against, 2308a, art. 62 District of Columbia park system, regu- lations for, 3353. Documents allotted to, Congressional Rec- ord, 7090. Official Register, 7092. Pamphlet copies of, statutes, 7071. Statutes at Large, 7072. Documents, bills, resolutions to be de- livered to, 7162. Donations of real or personal property for marine hospitals received by, 9189. Election (Const. art. 2, § 1, cis. 2, 3); (Const. am. 12). Eenying right to vote, reducing rep- resentation in Congress (Const. am. 14, § 2). Electors, not to vote for candidates for both president and vice presi- dent from their state (Const. a.m. 2. 12). Electoral college, certificates of appoint- merit, º Certificates of electoral votes, indors- ing, 208. Making, 207. Sealing, 208. Secretary of State, district judges, list for, 211 Signatures, 207. Transmission, 209. Absence of President of ate, 212. Time for, 210. Controversy as to appointment of, de- termination, 204, 205. Counting votes in Congress, 215–218. Fºre to choose at prescribed time, 2 Sen- Manner of voting, 203, 206. Messengers, appointment, 209. Mileage, 213. Neglect of duty, forfeiture, 214. Number, 200. Time for choosing, 199. Time of meeting, 203. Vacancies, 201. Emoluments other than salary prohibit- ed (Const. art. 2, § 1, cl. 6). Employés Compensation Act, transfer of administration of act to Alaska, engi- neering commission and to the governor. of Panama, Canal, 8932uu. Employés of executive departments, etc., detail of to office of President, 229. Estimation of duties on merchandise rep- resented in depreciated currency, regu- lated by, 5603. Execution of laws, duty (Const. art. 2, ). Executive clerks, appointment, 227. s. Salaries, 227. Executive mansion, furniture, 223, 3341. Inventory of, public property in, ap- proved by, 231. Executive power vested in (Const. art. 2, § 1, cl. 1 Exemption of foreign yachts from charg— •es, tonnage tax, etc., determined by, 7808 Exports in time of war, 7677-7678k. Federal Farm Loan Board employés, placing in classified service, 9835b (9). Federal farm loans, Farrin Loan Commis- sioner, 9835b (3). Federal Reserve Board, appointment, 97.93(1). Appointment, vacancies in office, 9793 Employés may be placed in classified service, 9794(l). Federal Trade Commission, anti-trust act investigations, request for, 8836f(4d). Departments and bureaus to furnish records and detail officials upon re- quest by, 8836h. Federal Trade Commissioners, appoint- ment, 8836a. Removal of commissioners, 8836a. Field artillery, increase, 1736a. Foreign mail service, consent to trans- portation through United States, 7541. Foreign relations, inviting conference of governments to consider question of disarmament, 7686b. Naval expenditures, discontinuance on establishment of international Court of arbitration, 7686c. Forts, etc., erection, in cases of emer- gency, 6903. indicated.] PRESIDENT (Cont'd) Fur Seal, etc., guard or patrol of wa- ters, 8846. Regulations, 8842. General Staff Corps, details, 1762a. Direction of Chief of Staff, 1763. Establishment, 1759. Guano Islands, 3916–3924. Hºs Corpus, Suspension in Philippines, Home for Disabled Volunteer Soldiers, member of board of managers of, 9238. Horses, carriages, etc., accommodations for, 230. Expenses of, 3237. Hospital ships entitled to exemption from fees and charges designated by, 7824 Hours of labor, waiver of law, 8922. Household, officers of, 227–229. Custody of public property in Execu- tive Mansion, 231. Housekeeper, bond, 231. Housing Of war-industry 31.15%a–31.15%i. Hydrometer for testing duties on dis- ºle; ſpirits adopted under direction OT, *te .. Impeachment, grounds (Const. art. 2, § 4). Importations, by certain countries dur- ing foreign war prohibited, 8836q. From countries discriminating against United States prohibited by, 5319, 8836p. - Imports and exports ascertained by, 5315. Inauguration of, use of public buildings for, restricted, 3344. Income tax exemption, 6336d. Indian affairs, appointment of military officer to pay goods and money to Indians, 4057. Directing mode of paying annuities and distributing goods, 4053. Direction as to investment of stock required by treaties, 4073. Directions as to rations for Indians to be issued by Army, 4094. Directions as to sale of dead timbers On reservations, 4122. Diversion of appropriations for em- ployees, etc., to other uses, 4066. Employment of persons to instruct In- dians in agriculture, etc., 4161. Instructions, appropriation of money to carry out Indian treaties, 4070. Pºition of trade with Indians, employés, Regulations as to, 716, 723. Requirements of additional security from persons charged with disburse- ments, etc., of money, etc., 4019. Satisfaction of injuries to property by Indians, 4159. Superintendence over tribes removed west of the Mississippi, 4098 Use of military force, apprehending persons violating law, seizure of goods and destruction of distil- leries, etc., 4153. Arrest of absconding guilty of crime, 4155. To prevent or terminate hostility between tribes, 4155. Removal of persons from Indian territory, 4150. Removal of settlers lands, 4108. Indian isents, Consolidation of agencies, 400 Indians, on Indian Detaii of army officers to act as, 4007. Discontinuance and transfer, 4003, Discretion as to bonds of, 3999. Regulations as to duties, 4000. Residence, designation, 4005. Indian lands, allotment in , severalty, 4195. Allotment in Severalty, appointment of special agent, 4197. Extension of time for holding pat- ent in trust, 4.201. Power to Continue restrictions on alienation, 4202. Indians, appointment, superintendent of Five Civilized Tribes, 3990a. Designation of person to buy goods for, 4038. Payment of annuities in goods on di- rection of, 4037. Regulations of intercourse with, du- ties of Indian agent, 4000. Infantry, increase, 1738, 1738a. Internal revenue, collection districts to be established by, 5843. GENERAL INDEX. [Page 2263] [References are to sections, except where otherwise PRESIDENT (Cont'd) Internal revenue (Cont'd) Income tax on corporations, regula- tions as to inspection of returns, 6336nſb]. Opium, to make executive orders to carry act into effect in Canal Zone, 6287h. International agreement for report, etc., of derelicts authorized, 7989. International commission for investiga- tion of waters adjacent to Canada may be requested, 9984. International congresses, participation in, Invitations to states to furnish statues for Capitol, 3386. . Irrigation projects, approval, 4713. Land distriots, change of boundaries, 4510, 4511. - Establishment in Alaska, 4517-4520. Land office, change of location, 4508. Discontinuance of, 4507, 4509. Establishment in Alaska, 4517-4520. Land gaº, direction of signing of, 695, - Signing, 705. . Lands for construction of torpedo boat destroyers, 2804bbbb. Tands for proof and test of ordnance ma- terial, 2804bbbbb. Laws, execution (Const. art. 2, § 3). Lighthouse inspectors, assignment of ar- my and navy officers as, 8434. Lighthouse service, designation of army engineers as superintendents of lighthouses, 8446a, Appendix p. 1792. Transfer of vessels, equipment, etc., of lighthouse service to Navy or War Department, during national emergency, 8459a. Live oak and red cedar lands, reservation, etc., for naval purposes, 4977-4979. Marine corps, appointment Of Second lieu- tenants, 2903e. Dropping from rolls, 2619b. Increase of strength, distribution of grades, 2918d. Transfer to active list of marine corps and navy pay corps of officers in re- . tired list, 2952b. Medals, duplicates furnished by, 3267. Medals of honor for saving life, 8648, 8649. Mediation and conciliation, appointment of commissioner and assistant Commis- sioner, 8676(1, 2). TMedical corps, examination for promotion, 07a. Medical department, detail of officers to American National Red Cross, 1839a. TMedical officer detailed for service in for- eign port by, 9157. TMedical reserve corps, appointment, 1816. Discharge of officers, 1817. TMessage, abridgment of message and ac- companying documents, preparation, | number of copies, distribution, 7089. Foreign trade Conditions, 81.46m. - Printing in pamphlet form, number of copies, distribution, 7074. Printing of message and accompanying ‘documents, number of copies, distri- bution, 7075. Messenger, appointment, 227. Salary, 227. Migratory game and insectivorous birds, approval of regulations of Secretary of Agriculture, 8837c, Appendix p. 1795. Military academy, appointment of Cadets, 2230, 2230a. - Appointment of chaplain, 2219. Appointment of officers and professors, 2224. T)uty of cadets, 2244. - Temporary reduction of academic course, 2737a, 2737aa. Vacancies, 2226. NIilitary forces, use to prohibit unauthor- ized clearance of certain vessels, 8836r. Militia, appointment of directors of ci- vilian marksmanship from army Of- ficers or marine corps, 3070c. Appointment of officers for national guard units, 3047. Assignment of existing corps of artil- lery, etc., to higher units in service of United States, 3044c. Assignments to commands of officers of national guard in federal service, 3051. Attendance of national guard officers : members at military schools, 3068. - PRESIDENT (Cont'd) Militia (Cont'd) Call for service of United States, 3045. Combining organizations to complete units, 3047. Commander-in-chief when in actual service (Const. art. 2, § 2, cl. 1). Consent to disbanding of national guard, 3044g. Declaration of services in noncombat- ant classification to avoid exemption, 3043. Designation of units of national guard to be maintained in each State, 3044a. - Detail of army officers to national guard, 3074. - As inspectors and instructors, 1997. º At public rifle ranges, 3070b Disbarring state from benefits tional defense act, 3064b. Drafting national guard into federal service, 3046. Encampments, maneuvers of national guard, 3066. Enrollment of national naval Volun- teers, 3078b (1). Filling vacancies when drafted into federal service, 3077. Increase in number of national guard, 3044(i. - National guard reserve, 3044.p. National naval volunteers, approval of resignation, 3078b (10). - Rating persons enroiled in, 3078b (2). Relief from active service, 3078b of na- 1). Naval militia, call into United States service, 3078a (32). cºnt to disbanding of, 3078a. Regulations as to selection of offi- cers or enlisted men to attend military schools, 3078a (27). Prescribing examinations to determine qualifications of national guard offi- cers, 3044 n. Regulation as to, drills, etc., as con- dition to credits, 3072. Pay Of Officers detailed to militia. bureau, 3074b. Rules and regulations for, discipline and government of, 3044W. Examination of officers and men on entering service of United States, 3048. - Ministerial officers, allowance to, for ex- traordinary expenses, 1416. Ministers, reception (Const. art. 2, § 3). Minister to Guatemala, Costa Rica, etc., place of residence for, 3128. Mississippi River Commission, designation of President of, 9994. Mothers’ Day observance, 6939a, 6939b. National defense, advisory committee for aeronautics, appointment of mem- bers, 3115i. - Appointment of board on mobilization of industries essential for military preparedness, 31.15f. Purchasing through heads of depart- ments for such products as ‘may be required, 31.15g. Rºmendations to by council of, C. National Forest Reservation Commission, selection of senators for membership on, 5177. National forests, designation of areas to be set aside for protection of game and fish, 5187b. - Establishment, 5121. Mºcation or vacation of orders, 134. Revocation of orders or proclamation establishing, 5123. Naturalization of alien enemies, 4352(11). Naval academy, number of appointments to, 2726b. - Naval forces, use to prohibit unauthor- ized clearance of certain vessels, 8836r. Naval officers, dismissal, 3004, 3005. Naval reserve force, calling into active Service, 29.00%a.(4). Officers to be commissioned by, 29.00%a. 6) - Navy, advances of money to persons on distant stations, 2841. Appointments, civil engineers, and storekeepers at navy yards, 2563. Commandant of Marine Corps, indicated.] PRESIDENT (Cont'd) Navy (Cont'd) Appointments (Cont'd) - Commandants at navy yards, 2790. Dental Corps, 2509, 2511. - Dental surgeons, 25.11a. Designation of admirals and Vice admirals, 2471aa. Engineer of fleet, 2539. Marine Corps, 2903, 2905. Medical Corps, 2493. Midshipmen, 2721. Naval constructors, 2548. Pay Corps, 2526. Warrant officers, 2554. Classification of vessels, 2768. Commander-in-chief (Const. art. 2, § 2, cl. 1). Convene court-martial, 3006. Detail of officers, for service of War department, 2609. Officers and men, to Dominican Republic, 28130c. For service with Republic of Haiti, 28.13a, 28.13b. Retired officers to command Of Squadrons, 2654-2656. Direction as to site of radio stations, 2804a. Discharge of enlisted men, 2589, 2590. Dismissal of midshipmen, 2741. Dropping from rolls officers absent without leave, 26.198. Enlistment, term, 2575, 2578. Increase of enlisted strength of navy, 2573a. t Marine Corps, appointments and pro- motions in, 2903, 2905. Companies and detachments, 2928. Retirement of officers, 2950, 2952. Service and discipline, 2943, 2946, 2947, 2948. , . Medals of honor, 2714. To officers, 2715a. Naming vessels, 2769-2773. Officering and manning vessels, 2775. Ordering court of inquiry, 3026. Orders concerning, 616. - Paymasters of fleet, designation, 2530. Pay of enlisted men, 2855. Pay of retired officers, transfer from - furlough to retired pay, 2897. Promotion, 2695, 2699. Rank of civil engineers, 2672. Regulations of supplies, 2808. Retirement of officers, 2620-2622, 2624, 2626, 2627, 2631-2634, 2636, 2637, 2642, 2654-2656, 2658. . . ." Rules of deck courts, 2991. sºon of commander of squadrons, Service of vessels, 2774-2777. Surgeon of fleet, designation, 2520. Transfer to active list of Officers transferred to retired list, 2637a. Neutrality, compelling departure or de- tention of foreign vessels, 10179. Detention of armed vessels, 10182C. Employment of land and naval forces to enforce, 10178. Withholding clearance from vessels, 0182b. Nitrate plants, appointment of officers, 31.10b. , Investigation, etc., 3110b. Sale of surplus products, 3110b. Oath of office (Const. art. 2, § 1, cl. 7). Obligations of allied foreign governments, 68295, Appendix p. 1782. Officers, bureaus, etc., transferred to De- partment of Commerce by, 860. Officers of United States, commissioning (Const. art. 2, § 3). Officers’ reserve corps, hostilities, 1881h. Opinion of Attorney-General may be re- quired, 529. Opinions of Department heads, power to require (Const. art. 2, § 2, cl. 1). Panama, Canal, accounting by collecting officers, 10054b, 10054c. Acquisition of additional land, 10037. Acquisition of right of way, 10031. Completion, etc., by governor, 10040. Discontinuance of Commission, 10040. Erection of radio-COmmunication in- stallations, 10042. Exercise of powers through Canal Commission, 10036. Injuries to employés, how adjusted, 10041. Issuance of bonds to finance nitrate plant, 6829b. - - duty in time of GENERAL INDEX [Page 22641 [References are to sections, except where otherwise indicated.] PRESIDENT (Cont'd) Panama, Canal (Cont'd) Official opening, 10040. Regulations for operation, etc., 10041. Tolls to be prescribed, 10041. Panama, Canal Zone, acquisition of title to lands within, 10039. - cºnsation of officials fixed by, Control in time of war, 10048. Courts, etc., rules for, 10043. District court rules of practice, 10044. Highway regulations, 10051c. Land survey, 10035. Leases, 10032. - - Magistrates’ and constables’ compen- sation to be fixed by, 10043. 4. Motor vehicles, licenses, etc., , 10051c. Passage of persons through, 10051j. Police power, 100516. Republic of Panama, reciprocal high- way regulations with, 10051C. Sanitary regulations, 10051a. Taxation, 10051b. Temporary continuance of Supreme Court, 100.45. Towns and subdivisions to be fixed, 10043. Pardoning pºwer, 10501; (Const. art. 2, § - Cl - - Power, etc., not affected by parole act, 10544. Settlement of capital case by minister or consul of United States in for- eign country to, 7648. Permits, departure of enemy aliens from United States, 7615. Tesidence of enemy aliens, 7615. Philippine commission, creation ratified, 3804. . . Philippines, auditor, appointment, 3817d. Coinage, approval of change of Weight and fineness, 3904. • Commerce regulated by, during insur- rection, 3808. Deputy auditor, appointment, 3817d. Designating head of department to act as governor general, 3817c. Governor general’s acts, Supervision, 3817a. - Land regulations approved by, 3823. Legislative acts, approval, 3814f. - Public improvement bonds, issuance approved by, 3908. - Public land laws, approval, 3822. - Suspension of habeas corpus, 3810. Philippine Scouts, 1741. Porto Rico, customs and taxes, by, 3752, Executive department to have juris- expended diction of affairs, designated by, 3775. Governmental transactions reported to, 3765. Infantry, appointment of officers, 1746, 1753a. Detail of officer, 1753a. Enlistment, 1747, 1753a. Organization, 1745. Laws transmitted to, 3767. Postmasters’ services, recruiting, 1887a. Potassium, provisions in leases for reg- ulation of price and disposition of, 4640k. - Printing and binding for, 7162. Private secretary, appointment, 227. Salary, 227, 228. Proclamation. abrogation of treaties With Indian tribes on hostility, 4035. Aircraft expositions, 10212a. - Aircraft, flying of civilians, 102.12a. Alien enemies, removal, 7615. Anchorage and movement of vessels in time of war, etc., 9959%a. Conservation of food and necessaries, 31.15%g. Copyrights, alien authors or proprie- tors, 9524 Date of conclusion of European War, 8146f. Declaring historic land national monuments, 5279. Duty upon tin, ore, etc., 52910631). Embargo on exports, 7677, 7678a. Espionage, designation of prohibited places, 10212f. Exports in time of War, 7678a. Extension of bonded privileges to ex- ports for British Columbia, etc., 5694. Federal control of transportation sys- tems, 31.15%.h. Fixing guaranty price for Wheat, etc., 31.15%kk. - marks, etc., PRESIDENT (Cont'd) Proclamation (Cont'd) Flag display on Mothers’ Day, 6939a. Foreign insurance companies, 31.15%bb. Free trade with Porto Rico, 3749, 3752. Importation of articles in the United States, 31.15%f. - Malt liquors, restrictions on manufac- ture of, 31.15%l. Manufacture, sale, etc., 31.15%k. -- Mºtory and insectivorous birds, of explosives, Misprision of treason, p. 1676. Mothers’ Day observance, 6939a. National monuments, 5279. National war labor board, p. Panama, Canal, p. 1651. Prohibiting importations from certain countries during foreign war, 8836Q. Reciprocal copyright privileges, 95.24. Refusal of clearance to vessels dis- Criminating against United States during foreign war, 8836r. Removal of alien enemies, 7615–7618. . Seditious conspiracy, p. 1676. Ships and war material, 3115/16d. Termination of war, 2044l. Trading with enemy, 31.15% aa. Treason, p. 1676. - Under Selective Draft Act, 2044n, 20440. Protection of accused delivered by for- eign government to United States, 10121. Publication of indorsements for appoint- ºt as district judge, 968c, 968d, 968e, 431. . 968ſ. P. buildings, regulations respecting, 08. Public debt, approval of loans, 6829ii, Ap- pendix p. 1782. Public Health Service, regulated by, 91.48. Used by in time of war, 9.141. Public lands, opening lands restored to entries, after withdrawal, 4528. Manner of offering for sale, 4766. Opening reserved desert lands to set- tlement under homestead laws, 4696. Removal and destruction of unlawful inclosures, 5001. w Public printer, designation of person to fill vacancy in office of, 6991. Purchase and sale of wheat, flour, meal, beans and potatoes, 31.15%j. Purchase of ships or war material in time of War or national emergency, #/a-snºº, 3115*/16e, Appendix p. 771. Purchase of vessels for transportation of fuel, 6879a. - Qualifications (Const. art. 2, § 1, cl. 4). Quarantine regulations between states, At times of epidemic, 91.76. Quartermaster Corps, appointment of. Chief, 1779. º Enlisted strength to be fixed by, 1784. Filling vacancies, 1779. Railroad employé, appointment of com- mission to investigate relation between carrier and employé, 8680b. Railroads, appointment of inspectors of locomotive boilers, 8632. Rºº, appointments (Const. art. 2, § 2, Cl. 3). Reciprocal trade agreements, 5292. Reclamation works, designation of board ºrmy engineers for examination of, Recruit depots, grade and number of en- listed men, 2026g. Red Cross Association, detail of officers from medical department, 1839a. Reduction of duties on Cuban products, 324. Refusal of office, evidence of, 221. Register and receiver, transfer of duties of, to Surveyor-General, 4463. Regulation of sales of liquors in or ne camps, 2019a. - Regulations for organization or procedure of selective draft boards, 2044d. Release of citizens unjustly deprived of liberty by foreign government, 3957. Release of interest in lands conveyed to individuals or officers for use of United States to be obtained, 6949. Removal. from office, etc., Vice President, etc., to discharge duties (Const. art. 2, § 1, cl. 5). Removal of public offices from Washing- ton in case of epidemic, 9180. . Removals by, assistant Postmasters-Gen- eral, 568, - PRESIDENT (Cont'd) Removals by (Cont'd) Civil Service commissioners, 8271. Commissioners of Interstate Com- merce, 8575. - Comptrollèr of Currency, 496. District clerks for failuré to make port, Certificate, etc., 1328. Members of Mississippi River Commis- Sion, 99.34. - Panama, Canal and Canal Zone offi- cials, 10040. Postmaster General, 567. Public officers who exchange public funds contrary to law, 6655. Purchasing agent for Post-Office De- partmānī, 579. Territorial district attorney, 3465. Territorial governor, 3427. Territorial marshal, 3466. Territorial secretary, 3429. Reports, additional navy yards or sta- tions, 2804b-2804e. Expenditures for prevention of epi- demics, 9173. Federal controlled transportation sys- tems, 31.15%g. Food conservation act, 31.15%0. Housing of war-industry employés, 31.15%f. * Reorganization of customs Service, 5327a. Under trading with Enemy Act, 31.15%.co. Reports to, advisory committee for aero- nautics, 3115.j. Alaskan railroad, etc., 3593d. Board of naval officers, 26.97g. Boards to determine compensation of federal controlled transportation systems, 31.15%.C. Bureau of Efficiency, 32869, 3286k. Collectors of customs of gold or Sil- ver coin, etc., in cargoes intended for export, 31.15%gg. Commissioner of Labor Statistics, 951. Commission of Arts regarding Panama. Canal structures, 10040. ” Council of national defense, 3115e. . As to efficiency of diplomatic officers, 3130c. et Of Panama Canal receipts and ex- penditures, 10042. Secretary of Agriculture, 835. - |United States Shipping Board, , 8146f. Foreign trade conditions, 81.46m. Requisition and operation of factories, packing houses, oil pipe lines or mines, 31.15%jj. - - Requisition of supplies for army or navy, 31.15%ii. º º - - Reservations, lands including historic land marks, etc., 5279. In Philippines, 3822. In Porto Rico, 3761. Resignation, evidence of, 221. . . Retaliatory suspension of privileges to vessels of British Dominion, 7830. Revenue cutter officers, retirement of, 8459%b (23, 24). R; cutters, authorized by, 8459%b Ire- Dirécted to co-operate with navy by, 8459%b (44). Sale authorized by, 8459%b (2). - Revenue-cutter service, ensign and pend- ant for, prescribed by, 8459%b(57). Retiring board, decisions approved by, 8459%b (25, 26). º, Revenue marine control by naval officers directed by, 8459%b (6). - Review of findings of selective draft boards, 2044d. Salary, 223, 224; (Const. art. 2, § 1, cl. 6). Exémpt from income tax, 6336d. Sale of lands acquired for production of Iumber and timber products, 6911aa, Appendix p. 1784. Salò of naval vessels, 2783, 2787. Sale of property acquired for War pur- poses, 6941a. 6941aa, Appendix p. 1784. - Secretary of Navy may be ordered to pro- cure stores, etc., 616. Selective draft, calling members of Class- 2044m. es, for immediate service, Ships, war material, etc., 3115/16a- 3115/16d. 3. Signal Corps, detail of officer as chief of telegraph and cipher bureau, 1864. Enlisted force, 1860. Organization, 1860. - Philippine Islands and Alaska, 1862. GENERAL INDEX & IPage 22651 [References are to sections, except where otherwise indicated.] PRESIDENT (Cont'd) - Slave trade, employment of armed vessels for seizure of vessels in, 10433. Regulations for removal of persons de- iivered from vessels seized, 10437. Smithsonian Institution, member of, . 10565 TO. preside at certain meetings of, 1057 Soldiers’ Home, selection of officers for, 92.18. Solicitor of Treasury to communicate false reports of bonds delivered for suit, 551. Special investigation by Secretary of La- bor required by, 941. Special investigations by Bureau of For- eign and Domestic Commerce required by, 874. Special reports . Of merce required by, 867. State Department, direction of conduct of business of, 300. Secretary of Com- Statement of estimates exceeding estimat- | ed revenues, transmitted to, 6737. States' assent to purchase of lands for forts, etc., procured by, 3424. Stationery, etc., for legations and Con- sulates to be furnished by, 3208 Steward, appointment, 227. Pond, 231. - Custody of public property in Execu- tive Mansion, 231. Salary, 227. Summary courts-martial, rules, 3002. Superintendent of State, War and Navy building, detail of officer as, 3328. Supervisor of New York Harbor, designa- tion of naval officer as, 9938. Suppression of, insurrections, 10139-101.46, 10156–10160. Piracy, 8039, 8040, 8044. Supreme court reports for, 1203. ... Suspension by, commercial privileges to foreign vessels, 7829. Consul, or consul-general, 3141. Immigration and importation from foreign countries in case of epidem- ic, 9162. Importation of, adulterated food or drink, *. Animals, 8688. Provision requiring that officers of the TJnited States be citizens and requir- ing Survey, inspection, and measure- ment, 7707a. Regulations for use of capitol grounds, 3403, 3404. Telegraph, telephone, marine cable or radio systems, taking possession of, 31.15%x, Appendix p. 1772. - Temporary designation of commanding general or chiefs of Military Bureaus to perform duties of Secretary of War, 313 Term (Const. art. 2, § 1, cl. 1). Commencement, 222. Duration, 222. - Threats against, 10200a. Title to Hawaiian public property trans- ferred by, 3729. Town-sites, offering for sale, 4786. Reservation from public lands, 4784. Survey into lots, appraisal and sale, 4785. Trading with enemy act, powers under, 31.15% a-31.15% j. cººrship of communications, 31.15%b (d). - Transfer of authority of Secretary of Commerce to enforce safety regulations during regattas or marine parades to head of other department, 8233. Transportation of supplies for army navy by sea, 6857. Transportation systems, control of time of war, 1974a, 31.15% a-31.15%p. Traveling expenses, 225. Treaties, abrogation on hostility of In- dians, 4035. ' - Notice of abrogation of treaties relat- ing to arrest and imprisonment of deserting seamen, 8382a. Powers (Const. art. 2, § 2, cl. 2). - United Shipping Board, appointment of commissioners, 8146b. OI’ in Construction of vessels, approval, 8146c. Detail of Officers to, 8146bb. Operation of vessels, corporations, 8146f. Proclamation that emergency exists, 8146.e. Removal of commissioners, 8146b. PRESIDENT (Cont'd) United Shipping Board (Cont'd) * sº lease, etc., of vessels to citizens, Taking possession of vessels leased or purchased from board, 8146ee. Transfer of vessels to, 8146cc. United States Tariff Commission, pointment, 5326a. Designation of chairman and Vice Chairman, 5326a. Information to be furnished by, 5326d. Removal of members, 5326a. Vacancy . in office, succession, 219, 220. Vessels, discrimination against Ameri- can citizens during foreign War, re- fusal of clearance, 8836r. Seizure, etc., of vessels owned, etc., by alien enemies, 8146rr, 8146s. Suspension of provision requiring Sur- vey, inspection, and measurement of foreign built vessels admitted to American registry, 7707a. Suspension of provision that officers - must be citizens, 7707a. Veto (Const. art. 1, § 7, cl. 2 Volunteer army, organization, 2034, 2041, 2042. War Department, direction of perform- ance of duties of, 318. - Withouses at quarantine, erection of, 9,125. , 3). 2026a–2026i, War Hinance Corporation, authorization to commence business, 31.15%h. War materials, prohibition of exporta- tion of, 7677, 7678. Washington aqueduct, regulations for, 2. PRESIDENTIAL SUCCESSION ACT See President. Presidential Succession Act, Text of act, PRESIDENT OF SENATE See Se7!, Cute. PRESSMEN Government printing office, wages, , 6998, 6999. - PRESUMIPTIONS See Evidence. PRHIBILOIF （ISHLAND Additional officers, agents, etc., ment, duties, compensation, Declared special reservation, 8853. Food, etc., for natives of, 8865. Fur seal, etc., 8848, 8849. Investigation as to seal life, 8860. IKilling, in adjacent waters on beach- es, etc., unlawful, 8865. Except as authorized unlawful, ap point- 8854. Female seal less than one year old unlawful, 8855. . With firearms prohibited, 8854. Forfeiture of vessels for unlawful killing, etc., 8855. Limitation of number, 8856. Natives employed in killing Seals and curing skin, compensation, 8858. - Punishment for unlawful, 8855. Regulations, 8856. Restricted to officers, etc., of Unit- ed States, 8856. Privileges of natives, 8854. Regulations, 8854. Sale of skins, disposition of proceeds, 8857. - Homestead entry, excepted from, 5046b. 5046b, Appendix p. 1778. Lands excepted from right to purchase for trade, etc., 50 91. . Sale of lands prohibited, 5082. PRICE . Discrimination in, between purchaser of commodities unlawful where tending to create monopoly, 8835b. PRICES CURRENT . Reports by consular officers, 3169. PRIMA FACHE EVIDENCE See E^vidence. PRINCE EDWARD’S ISLAND Vessels from, lading and unlading, 5841. PRINCIPAL AND SURETY See Sºreties. PRHNCHPAHL MUSHCMANS See Musicia??.S. PRINCIPALS AND ACCESSORIES See Crimes and Offenses. PRINTED MATTER, For blind, transmitted free, 7384, 7385. Defined, 7317. PRINTED MATTER (Cont'd) - . Enclosures in second, third and fourth . Class mail matter, 7332, 7333. P9stage on foreign mail-matter, 7366. Third class mail matter, 73.15. | PRINTERS ap- Bureau of navigation, advan nt, pay, 2712b. sation, advancement, pay Coast and Geodetic Survey, salaries, 8561a. Fees, 1375, 1459, 1460. Gºnment printing office, wages, 6998, PRINTING See Engraving and Printing ; Printer. Apprentices in government fice, see Apprentices. Bureau of engraving and printing, see Engraving and Printing. Public printing, see Government Print- ing Office; Public Printing and Bind- 4?!g. American Printing House for 9386–9390. Bills and joint resolutions, in lieu of en- grossing and enrolling, 12 Bulletin of Bureau of Education, 767. - Bulletin of Labor Statistics, number of copies, 949. - Pºſblic printing of- the Blind, Civil Service Commission, 3275. cºissions on Industrial Relations, Copies of patent claims, laws, decisions, etc., 752. º, Copyrighted books and periodicals, Unit- ed States, 9536–9538. Estimates for, 6674–6676. For Geological Survey, Signal Service, etc., estimates and appropriations, 6675. Illegible papers filled in patent-office, 751. Post-offices, allowances for, 7230. Hºgts of Court of Customs Appeals, On stamped envelopes, 7389, 7390, 7392. Statutes, 1524. Supreme Court reports, 1201. Territorial, limitation of expenses, 3476. Testimony in contested elections of mem- bers of House of Representatives, 184. Transcript on appeal to circuit courts of appeals, 1656. United States notes, etc., 6551-6556. “Writing” includes, 10511. PRINTING OFFICE . See Governºment Printing Office. In Census Office, abolished, transferred to public printer, 4414. . Weather Bureau, 845a. PRINTS Nonmailable, violation Act, 10401a–10401d. Registration, 9517a. PRIORITY Bona fide purchaser of order bill of lading issued by interstate carrier, over Sell- er’s lien or right of stoppage in tran- situ, 8604t. Claims due United States, 6372. Dissolution of attachments in conform- ity with State laws not to affect, 1559. Lease of lands in Yosemite Park sub- ject to mortgage, 5222a. Debts in bankruptcy proceedings, 9648. Hearing by Interstate Commerce Commis- sion upon the propriety of new rates, etc., 8583. . . . Hearing of cases in court where State is party or execution of revenue laws of State is enjoined, 1581. - - Inventions, determination in cases of in- terferences, 9449. - Liens, on Wagon roads, etc., in Alaska, of Espionage Miner’s lien in Alaska, 5059. - Mining claims, intersecting veins, 4644. Radiograms relating to ships in distress, 10103(9). Rights of way in Alaska, 5087, 5089. Surety, etc., on bonds given to United States, 6374. - Transmission of telegrams by departments and officers over lines of companies to which certain grants have been made, 100.75. - Transportation of commodities essential to national defense, 8563 (10). Writs of error, criminal cases on behalf of United States, 1704. - *; Supreme Court to state courts, GENERAL INDEX [Page 2266] [References are to sections, except where otherwise indicated.] PRISONERS See Bail; Parole; Prisons. Accounts relating to, examination of by Auditor, 419, 420. Rendition of, 433. Aliens, investigation as to number in pris- Ons, 959. - - Allowance for subsistence of, in custody of marshal or Warden of jail of District of Columbia, 10546. Allowing escape, 10308, 10309. Army, disciplinary, barracks, 2458a (1-8). Duration of confinement, 2308a, art. 70. Receiving prisoners, 2308a, art. 71. Release without authority or escape, 2308a, art. 73. - Report of prisoners, 2308a, art. 72. Attorney general, changing place of im- prisonment, 10547. Contract for subsistence of, 10548. Designation of jail or penitentiary, 10547. - - Notice to courts of places for juvenile Offenders, 10551. To pay only reasonable cost of sub- Sisting prisoners, 10546. Regulations for marshals and warden of jail of District of Columbia, etc., 946. Bail, 1674–1684. Census, 4387. Commutation of rations for general courts- martial prisoners, 2887b. Deduction from term of imprisonment for good conduct, 10529-10534, 10559. Discharge, imprisonment to enforce pay- Iment of fine, etc., 1706. - Indigent convicts, 1706, 10.138. Poor debtors of Post Office Depart- nnent, 602. - Transportation home, etc., 10557. Disciplinary barracks, 2458a (1-8). Conduct, remission of sentence, 2458a. - (7). Employments, 2458a.(5), 2459. Hard labor, decrease for good conduct, 2458a.(5). Record of conduct, 2458a (5). Employment, 10553, 10561. Attorney General to contract for, 10548. United States convicts in State peni- tentiaries, etc., contract labor pro- hibited, penalty, 10524, 10525. tº: States penitentiary at Atlanta, Expenses of, how paid, 10520, 105.20a. How brought into court and remanded, 1696. - Indicted for capital offense, copy of indict- ment, list of jury, etc., 1699. Counsel, etc., 1700. Insane admitted to insane hospital, 9320. Confinement in state asylums, when, 9322. Not to be confined in jail in District of Columbia, 9327. Transferred to hospital, 9321. Rºn on restoration to sanity, 93.23. War prisoners and interned persons, 930.1a. - Juvenile offenders, 10558. Contracts for subsistence, etc., 10551. Houses of refuge, 10550. Notice to courts of places for impris- onment, 10551. - Separation, 10560. Manufactures by, imports forbidden, 5304. Post-office supplies, 6891. - Report of importations, 948. Marshal, delivery by, to successor, 1314. Provision for keeping of, 10522. Regulations for, by Attorney General, 10546. Mittingus, copy to be authority of sheriff or jailer for holding, 1694. Navy, allowances to, 3039, 3040. Commutation of rations, 2887b. 2887b, Appendix. p. 1765. Escape or refusal to receive, punish- ment, 2969 (18). Parole of, 10535–10544. Pensions, payment to wife, 9096. Place of imprisonment, 10521, 10552. Change of, 10547. Designation by ()547. Disciplinary barracks, 2458a (1). Hard labor, 10528. House of correction or reformation, when, 10549. Military prison, 10558. National prison at Fort Smith, 10564. Attorney General, PRISONERS (Cont'd) Place of imprisonment (Cont'd) Selection of penitentiary where judi- cial district is divided, 10526. sentences by Court-martial, 2308a, art. Sentences by Revenue-Cutter Service Court, 8459%b(62). Sentences for more than one year, 10527. - tº: States penitentiary at Atlanta, . United States prisons, 10552-10558. Privilege of yard, 1638. Removal, in case of contagion or epidem- ic, 91.82. To district where to be tried, 1674. Extradition between states (Const. art. 4, § 2, cl. 2) Fº One district to another, writ, From United States penitentiary at Atlanta, 10563. - To or from Philippine Islands, 1675. Separation of youthful prisoners, 10560. Standing mute, 1698. Th; before nearest officer for hearing, 67 Territorial, custody of, 3521. Expenses, 3526, 3527. Transportation, expenses, 10547, 10556. Transportation home, etc., of discharg— ed prisoners, 10557. Unitelºtes, in foreign countries, 7666– a. Contract labor prohibited, penalty, 10524, 10525. Discipline and control, 10523. In State prisons, etc., 10523-10525, 10528. War, insane, admitted to St. Elizabeth’s Hospital, 9301a, 9301aa. Pay, 2162. Warrant for retaking, 10538. * Writ of commitment on several indict- ments against same person, 1693. - PRISONS - e See Disciplinary Barracks ; Jails : Mil- itary Prison ; Parole ; Prisoners. General provisions, 10520–10564. Chief clerk, clerk of board of parole, 10536. Designation of penitentiary by Attorney- General, 10547, 10551. Disciplinary barracks, 2458a.(1). District of Columbia, report of Warden, 3340. Estimates for Penitentiary, McNeils Island, 6720. Foreign countries, expenses and other pro- visions respecting, 7666–7668. International commission, 7685. - Military prison at Ft. Leavenworth, ex- change of live stock, 10562a, Appen- dix p. 1800. e Name changed to United States Dis- ciplinary Barracks, 2458a (1). Returned to War Department, 10562. Transferred to Department of Justice, at Opium, purchase without registration or payment of tax, 6287g. Purchased without written 6287h. - Temporary jail, or other temporary pro- vision for safe-keeping of prisoners, 10521, 10522. Territorial, marshal of United States to control, 3524. Regulations, 3525. United States, 10552-10560. Atlanta, cotton factories, agricultural Order, products, disposition of, 10563b, Appendix p. 1800. * * * Cotton factories, appropriation, 10563e, Appendix p. 1800. Disposition of products, 10563i, Appendix p. 1800. Employment of inmates, 10563b, - Appendix p. 1800. Establishment, 10563a, Appendix p. 1800. Payment to inmates for work, 10563d, Appendix p. 1800. - Purchase or condemnation of sites, 10563b, Appendix p. 1800. Repeal of laws, 10563.j, Appen- dix p. 1800. Reports of receipts and expen- flºres, 10563g, Appendix p. Sale of manufactured articles, 10563c, Appendix p. 1800. PRISONS (Cont'd) United States (Cont'd) Atlanta (Cont'd) - Cotton factories (Cont'd) Working capital fund, 10563f, Appendix p. 1800. Disbursement, 10563h, Ap- pendix p. 1800. - `. Receipts from sale of prod- • }. 10563f, Appendix p. Limit of employment of prison- ers, 10563. - Transfer of prisoners, 10563. Control and management, 10555. Designation by Attorney General, 0. Employment of convicts, 10561, 10563. On Fort Leavenworth Military Reser- vation, 10561, 10562. Jail at Fort Smith, made national prison, 10564. Prisoners admitted, 10564. Reepers, 10555. Limit of Cost, 10552. Location and erection, 10552, 10554. McNeils’ Island, estimates for, 6720. Military prison at Fort Leavenworth, to be known as, 10561. Name changed to United States Disciplinary Barracks, 2458a.(1). Return to War Department, 10562. Officers, 10555. Penitentiary at Atlanta, Georgia, employment of convicts, 10563. Rules, 10555. Selection of location, 10554. Superintendent and assistant, appoint- ment, 10555. Transfer of prisoners, 10563. Wardens, 10555. Clothing and money for discharg— ed prisoners, 10545. Gratuities, transportation, etc., to paroled prisoner, 10542. Member of board of parole, 10536. Warrant for retaking prisoner, 10538. - |United States convicts imprisoned State prisons, etc., 10523–10525, 10528. PRIVATE BILLS Printing and distribution of, 7025. Printing of reports on, number of copies, in PRIVATEERS - Journals of, to have entered names of persons disabled, 9094. Men to be placed on pension-list, when, 9093. Transcripts to be sent to Secretary of Navy, 9095. Pension-fund, derived how, 9091. Payment into treasury, 9092. sºary of Navy to be trustee of, 0. PRIVATE EXPRESSES Carrying mail prohibited, 10351, 10353. PRIVATE LAND CLAIMS See Court of Private Land Claims. Certificates of location, application of act to certificates issued under act of June 2, 1858, 5104. In Florida, Louisiana, and Missouri, issue and location, 5101. Receivable in commutation homestead entries, 5102. Location of certificates, entries; ents, 5103. Patents for location under certifi- cates prior to, 1879, 5105. Relinquishments of claims including his- " toric land marks, etc., 5279. Surveys, 4457. Contracts for, part of, 4807. Cost of, 4809. Payment, 4809, 4810. Title to lands in Missouri confirmed, 5099, 5100. PR][WATIES See Army Aviation Section ; Enlist- ment ; Navy. Aviation section, 1867c. Coast artillery, 1731a. Engineer corps, 1842, 1842a. Field artillery, 1736a. First class, aviation section, 1867c. Extra duty pay of United States dis- ciplinary barracks guard, 2161a. Medical department, 1860a. Dispensary assistant, pay, 1829a. . Of pat- instructions deemed additional a' GENERAL INDEX PRIVATES (Cont'd) First class (Cont'd) Medical department (Cont'd) Number, 1829a. Nurse, additional pay, 1829a. Surgical assistant, additional pay, - 1829a. Signal corps, 1860, 1860a, Infantry, 1738a. Medical corps, 1829a. Ordnance, 1853. Pay, 2144a. Quartermaster corps, 1784. Signal corps, 1860–1860a. PRIVATE SECRETARIES Chief of Children’s Bureau, 966. Commissioner of Indian affairs, salary, Commissioner of Pensions, salary, 730. Commissioners of Patents, 739. Director of the census during census pe- riod, 915. º - Office of public printer, 6983. President, appointment, salary, 227, 228. Public printer, salary, 6983. Secretary of State, salaries, 297. PRIVILEGES See Hot Springs Reservation ; Nation- al Park, Service. Citizens, abridgment by state prohibited (Const. a.m. 14, 1). Guaranty (Const. art. 4, § 2, cl. 1). Foreign public ministers and servants thereof, 761i, 7614. Grant of in . Porto Rico, 3803p, 3803pp. Immigration stations, 4289%pp. Review of decisions of state courts, 1214. Witness, in congressional investigations, 158. IPRIZE Fècºnsoºn money, see Raº SO??? Moºey. Aquºsº where property is not sent in, 8404. Amendments, 1665, 8413. Appeals, 1224. . From court of appeals, District of Columbia, 1227(2). New evidence, 1654. - Powers of district court after appeal, 1667, 8414. - - Subject to same rules as Writs of er- ror, 1673. - To Supreme Court, 1215. Judgment or decree, 1669. Time for taking, 1650. Transcripts, 1654. Appraisal of property taken for govern- ment, 8403. Auctioneers, commissions of, 8424. Bounty, distribution, 84.19. Capture, duties of commanding officers upon making, 8395. Within statute, 8393. Clerks of district courts, accounts and compensation, 8420. t Commanding officer, duties, 8395. Costs and expenses, payment, 84.16, 8417. Security, 8415. - Delivery of property on stipulation, 8405. Distribution, 8409-84.12, 8418, 8419, 8426. Among captors prohibited, 8396. Ransom money, salvage, bounty or proceeds of condemned property, 8408, 8419, 8426. - District attorneys, accounts, 8423. Compensation, 8422. Duties, 8398, 8399. False demand on fraudulent power of at- torney, 10.198. False personation of person entitled to prize money, 10197: Fees of clerks in prize cases, 1412. Fraudulent interference with delivery, Jiřiction of district clourts, 991(3), Maitreating persons taken on, punish- ment, 2977. - Marshals, allowances and commissions, 8420. Custody and sale of property, 8402. Payment of fees of witnesses, 8425. Money, accruing to the United States to remain a fund for pensions, 9084. Colored soldiers, etc., payment of claims for, to, 3969-3971. Permanent appropriation for payment of, 6799 (40). Powers of courts of United States, 10178. Prize-commissioners, 8400. Accounts of, 8423. Compensation, 8422, 8423. Duties, 8401-8418, 8420. [Reference [Page 2267] S. are to sections, except where otherwise indicated.] PRIZE (Cont'd) Prize-master, duties, 8397. Proceedings for condemnation of property in aid of insurrection, 10151, 10153. Pºy employed in aid of insurrection, Property, seized on inland waters not Subject of, 10152. Recaptures, 8426. Rºxins property from, punishment, 6. Sale of property by order of court, 8406. Mode of making sale, 8407. Transfer of property to another dis- trict for sale, 8408. Salvage, distribution, 8419. - From vessels, etc., captured by privateers, part of, to give to privateer pension- fund, 9091. Vessels entitled to registry, 7709. Vessels of Navy defined, 8394. Witnesses, fees, 8425. PRIZE FIGHTING Prohibited, punishment, 10493. Pugilistic encounter, 10494. - Transportation or importation of prize fight films, prohibited punishment, 10416– 10418. PRIZE FIGHTS Prize fight films as nonmailable matter, 10.416-10418. IPROBABILE CAUSE Certificate of, habeas corpus appeal, 1293. That mother entitled to pension has abandoned children, disposal of pen- sion, 8990. Informer, etc., having, costs, 1611, 1616. Fees of clerk, marshal, etc., 1617. Revenue officer, judgment paid out of Treasury, 1635. Search warrants, 10496%.c, 10496%t. Seizures, 1611. - Under Custom and Tonnage Laws, 1532. Warrants, necessity (Const. am. 4). PROBATE ACCOUNTS See Accounts : Comptrollers of Treas- 107°gy. - PROBATION Army, appointment and promotion of offi- cers pending two years service, 1920b. Civil Service employés, 3272. Veterinary corps, 1724a. PROCEDURE See Depositions ; Practice ; Process. Criminal prosecutions, Procedu/re. Particular courts, see their respective titles. See titles of particular proceedings. PROCEEDS See Public Money. PROCESS See Distraint; Subpoena ; Pwces Tecwm. ; Warrants. Admiralty, 1534–1537, 1543. Causes in New York, 1084. Amendment, 1580, 1591. Arrest, fisheries, etc., for shell fish in New York Harbor channels, 9941. Obstruction of navigation, etc., 9922. Vessel masters, etc., depositing refuse in New York Harbor, 9.935. Violations of laws and regulations re- lating to national forests and parks, 5153. Bond of vice consul, 3150. Circuit Court of Appeals, forms of, f114. Citation in error, 1658, 1659. Commerce Cases, 995. Commerce court, enforcement of orders of Interstate Commerce Commission other than for payment of money, 8584. Common Carriers to designate agent in city of Washington for service on, 8600. Conformity to that of state courts, '1537, 1539, 1540. Consular courts, regulations as to issue, otc., 7662. Contempt by disobedience to, 1245a. Costs when several processes are insti- tuted against persons who might have been joined, 1618. Court of Customs Appeals, form, 1185. Criminal process, issue by ministers of United States . in certain foreign. countries, 7640. On Hot Springs Reservation, 5266-5268. Criminal prosecutions, obtaining witnesses Evidence ; Jury : See Criminal Subpoena. for accused (Const. am. 6). PROCESS (Cont'd) Defendants resident in different districts, Delivery to successor of marshal, 1315. Direction when marshal, etc., is party to Cause, 1548. Disobedience, contempts, 1245. Pºet courts, effect of altering terms, {4. Districts containing more than one divi- Sion, 1035. Districts of Wisconsin, 1105. Enforcement of awards of foreign consuls, etc., 1248. Equity, 1534–1537, 1543. Enforcement of tariffs, prohibition of discriminations, etc., 8599. Execution when marshal, etc., is party to CauSe, 1548. Federal controlled transportation systems aSainst, 31.15%j. Fººglosure of miner’s lien in Alaska, Foreign ministers and servants thereof, penalty for Suing out, 7612. Register of names of, 7613, 7614. Void, 7611. When issuable, 7613. Foreign owner of trade-mark to designate agent to receive Service of, 9488. Hawaii, style of, 3653. Indian country, employment by marshal of posse comitatus, 4156. ISSuance by Yellowstone Park commis- Sioner, 5.194. In either division, etc., Maine, 1070f. Kentucky, where returnable, 1068. Maine, issuance in either division, etc., 1070f. Nº payment Of Seamen’s wages, 8335, Obstructing, 10310. Patent infringement suits, 1030. Porto Rico, style of, 3764, 3803d. Proceedings before boards of commissions to enforce Clayton Act, relating to monopolistic contracts, 8835.j. Before Interstate Commerce Commis- Sion, service or posting of, 8600. Property in different districts, 1037. Rºgership of property in different states, Removal of bridges obstructing naviga- tion, 9965. Rºyal of dams obstructing navigation, Rules concerning, may be the several courts, 1544. Service, appointment of persons to execute Warrants in civil rights cases, 3937. Bankruptcy, 9602. - Enforcement of orders of Interstate Commerce Commission for payment of money, 8584. Fº Trade Commission proceedings, €. Rees, 3940. Marshal, 1386. - Hot Springs Reservation, 5261. Land acquired by United States for lighthouses, etc., 8437. Marshal, etc., a party, 1548. Marshals of consular courts, 7657, 7661. Pacific railroads, 10057. Platt National Park, 5245. Proceedings to enforce Clayton Act, ºne to monopolistic contracts, J. Proof, Federal Trade Commission pro- ceedings, 8836e. Surety company, 3294. Telegraph lines, 10084. Territorial courts, 3466. - United States Shipping Board order, action to enforce, 81460. - Yellowstone Park, 5191. Signing and Sealing, 1534. i sº courts, service in Yellowstone Park, 191. - States, service in Crater Lake Park, 5230a. Service in Glacier National Park, 5248a. - Service in Mount Rainier National Park, 5227a. - Stealing, altering, etc., 10297. Suits, poor persons, 1628. Unlawful inclosure or occupancy of public lands, 991(21), 4998. Supreme Court may prescribe forms of, in causes of equity and admiralty, 1543. Territorial courts, executed by marshals, 3466. Teste, 1534, 1535. prescribed by GENERAL INDEX [Page 2268] [References are to sections, except where otherwise PROCESS (Cont'd) Trading with enemy, relating to, 31.15%i. - United States commissioner, appointment of persons to execute, 3937. - United States Commissioners, Crater Lake National Park, 5230h. Glacier National Park, 5248h. Mt. Rainier National Park, 5227h. United States court for China, authentica- tion, 7687. PROCESS ACT See Process. Text of act, 987, 1198, 1330, 1463, 1534, 1536, 1573, 1615, 1616, 1663. - PROCESS BUTTER Internal revenue tax, amount of, 6237. Definition of, 6233. Inspection of, 6239. Interstate commerce provisions appli- cable to, 6239. Manufacturers, amount, 5978. Laws applicable, 5978. Non-payment as offense, 5968. Who are, 5978. Marks and brands, 6239. Offenses, carrying on business of man- under proceedings ufacturer of or dealer in Without payment of tax, 5968. - Failure of wholesale dealers to keep books and render returns, 6241. Violations of regulations as to marks, brands, etc., or as to in- Spection, 6239. Retail dealers, amount of tax, 5978. Who are, 5978. - Stamps, laws applicable to as to de- struction, sale, accountability, 6237. Tax to be paid by, 6237. * Wholesale dealers, books, returns, 6241. Transported into state, etc., subject to police powers, 8740. PROCLAMATION Air craft expositions, prohibition of, 102.12a. Air craft, regulating flying of by civilians, 102.12a. Alien enemies, 31.15%aa. Removal of, 7615. Anchorage and movement of vessels in time of war, etc., 9959%a. Closing port of entry in insurrectionary district, 10159. - Commanding insurgents to disperse, 10142. Conservation of food and necessaries, 31.15%g. - cººlents, alien authors or proprietors, 524. Declaring historic land marks, etc., na- tional monument, 5279. Disposition of lands in Indian Reserva- tions, with reservations of coal, 4668a. Drafting into service of National Guard and National Guard Reserve, etc., 2044a. Embargo on exports, 7677, 7678a. Espionage, prohibited places, 10212.f. Establishing national forests, 5121. Revocation, 5123. Existence of insurrection, 10,143. Exports in time of war, 7678a. Federal Controlled Transportation Sys- tems, 1974a, 31.15%h. - Fixing guaranteed price for wheat, etc., 31.15%kk. Foreign insurance companies, 31.15%bb. Hospital ships entitled to exemption from dues and tax, 7824. - Importation of certain articles into Unit- | ed States, 31.15%f. - Malt liquors, restrictions on manufacture Of, 31.15%l. Manufacture, 31.15%k. Migratory and insectivorous birds, pro- tection of, 8837. Misprision of treason, p. 1676. National monuments, 5279. National war labor board, p. 431. Not necessary to open to settlement lands Of allottees in severalty on cancellation Of patent, 42.12. Opening of public lands restored by Presi- dent to entry after withdrawals, 4528. Pamphlet copies of, as evidence, 7073. Panama Canal, p. 1651. Powers of foreign consular Officers in maritime case, 7629. Prohibiting importations from Countries during foreign War, Publication of, 7182, 7184. sale, etc., of explosives, Certain 8836q. Naval academy, PROCLAMATION (Cont'd) Public land sales, publication, 4768. Reciprocal copyright privileges, 9524. Refusal of clearance to vessels discrimin- alting against United States during for- eign War, 8836r. - Registration under Selective Draft Act, 2044m, 20440. Removal of alien enemies, 7615-7618. Seditious conspiracy, p. 1676. Ships and war material, 3115/16d. Suspending discriminating duties on ton- nage or impost of foreign vessels, 7825. Suspension of privileges to foreign ves- , sels, 7829. Retaliatory to vessels of British Do- minion, 7830. Termination of war, 20441. Treason, p. 1676. Virgin Islands, 39.24%h. PRO CONFESSO See Judgments and DecreeS. PROCTORS Excessive costs, liability for, 1623. Fees, 1375, 1378. Officers prohibited to act as, 1250, 1251. PROCURATION White slave traffic, 8812-8819. PRODUCE Internal revenue tax on Sales of On ex- change, 63.18a, 6318h. PRODUCERS See Child Labor. PROFANITY Navy, punishment, 2969(1). PROFESSIONAL SOCIETIES Publications of as second class mail mat- ter, 7.309 PROFESSORS Alien immigrants, not excluded, 4289%b. IDetail of officers of army and navy as in- Structors in educational institutions, 2283-2295a. Army Officers to reserve training corps units, 1881.i. Military academy, 2206–2217. Appointment, 2224. Assistº; professors, appointment, 2224. - English and History, 2216, 2217. Of law, 2215. - Mathematics, 2212, 2213. Ordnance and gunnery, 2216. Associate professors, modern languag- es, 22.14. Rank, 2228. |English and History, 2208. Graduate not to be within two years, Hygiene, 2211. Law, 2209. - Leaves of absence, 2253. - Modern languages instead of French and Spanish, 2207. Ordnance and gunnery, 2210. Pay, 2208, 2229, 2260, 2261. Rank, 2208, 2228, 2229. Retirement, 2208, 2257, 2260. Nautical Schools, 2765, 2766. 2748, 2752–2754. 2748a. officers’ Appointment, pay, Assistants, 2753, 2754. - Duty to report violations of law, 2748. Pay, 2753, 2754. Navy, assignment to naval academy, 2752. Duties, 2547. Mathematics, eligible as Supervisor of Nautical Almanac, 663. . Office abolished, 2547a. Pay, 2816. Professors of mathematics, 2852. Rank, 2676. Retirement, 2647. Part of army, 1717, 1717a. PROFITS See Eoccess Profits T'aº. PRO HHBFºgo N Importation, see Imports and Impor- to tºo?". Supreme Court, 1211. PROJECTHILES Purchases of, for navy, 6868. PROMISSORY NOTES Internal revenue tax on, 6318i-6318k, Ap- pendix p. 1779. PROMOTION - Apprentices, bureau of standards, 927a. Army, Adjutant General’s Department, officers, 1766. indicated.] PROMOTION (Cont'd Army (Cont'd) Advancement to higher grades of of. ficers who have lost in lineal rank, 1899, 1899a. Aviation officers, 1860. Breveted officers not entitled to in- crease of pay, 2103. Brigadier generals, 1717b. Chaplains, 1874. - Chief of Artillery, 1728. Colonel, 1717b. - Dental surgeons, 1833a, 1833b. Department officers, 1905, 1905a, 1905b, 1908a. - Discharge upon failure to pass exami- nation, judge advocate general's de- partment, 1775b. Engineer Corps, 1840, 1841, 1901. Officers, 1900. . . Enlisted men, 1912, 1916, 1920. Filling vacancies “caused by temporary appointment of general officers, 2044h. First lieutenants in Medical Corps, 1808a. General staff corps, 1762a. 4. Judge Advocate General’s department, 1775b. Board of review, 1775b. Examination, 1775a. Re-examination, 1775b. Lieutenant colonels, 1897a. Majors, 1897a. - Medical corps, 1807, 1807a, 1808, 1810, 1811. Limitation, 1807a. Medical department, limitation, 1829a. Master hospital sergeants, 1829a. Militia, 2026c. National defense act, 1991b. ... Officers, date of under national de- fense act, 1991b. Detailed to general staff Corps, 1762a. - . Vacancies created by assignments to detached laws, 1997a. Officers’ reserve corps in active Serv- ice, 1881b. Ordnance Department, 1901-1903. enlisted men, Porto Rico regiment of infantry, 1753a. - Captains, 1750a. Officers, 1746, 1753a. s - - - - - pending examination, Provisional, 1911. & Pending two years Service, 1920b. Quartermaster Corps, 1779. Re-examination, 1899a. Restoration of grade, 1899a. Retired officers, 2069. Seniority, subject to 1895. Signal corps, 1867g. Staff corps, officers, examination, 1905, 1905a, 1905b, 1908a. 1905a, 1908a. In pol’a.I’y, *3 - - Te Vºie. created by, appoint- ments to volunteers, 1905a. Details to national guard, 1908a. Transfer or promotion between branches, 1899c. Vacancies by retirement, .2071. Created by appointments to Volun- teers, 1905a. - Created by details guard, 1908a. In grade of lieutenant colonel, 1770. In line to be filled by, 1908, 1908a. To be filled, 1912. Veterinary corps, 1724a. volunteer forces, 2026c. Volunteers, 1912. Cadets at military academy to Corps Of engineers, 1840, 1841 Civil service, 3285. * Coast and Geodetic Survey, 8562b. * - tº Coast guard, keeper to grade, of District to national Superintendent, 8459%a.(4). - Officers, 8459%a (2*/16-2"/s), Appendix p. 1792. Retired officers on active duty, 2653c, 2653d, Appendix p. 1763. Diplomatic officers, consuls, 3130a. Consuls general, 3130a. Reports as to efficiency, 3130c. Secretaries, 3130a. Lighthouse service, surf-men to grade of keeper, 8459%a.(4). GENERAL INDEX PROMOTION (Cont'd) Marine Corps, 2923, 2924. Examinations, 2924a. Examining boards at foreign stations, 2619a. Retired officers on active duty, 2653c, 2653d, Appendix p. 1763. Naval flying corps, officers commissioned for aeronautic duties only, 2952%k. Naval reserve force, examination, 2900%a 11). Navy, advancement in rank, 2701-2704. Boards for examination of officers for, records, etc., of proceedings, 612. Boards of rear admirals, convening, 2697gg. Boatswains, 2709-2712. Captains, 2697a-2697.h. 697h, Appendix p. 1764. Staff corps, 2699a, Appendix p. 1764. Carpenters, 2711. Chief boatswains, 2708a, 2711. Chief carpenters, 2708a, 2711. Chief gunners, 2708a, 2711. Chief machinists, 2708a. Chief pay clerks, 2708a. Chief pharmacists, 2708a. Chief sailmakers, 2708a, 2711. Civil engineers, 2566. Commanders, 2697a-2697 h. 2697 h, Appendix p. 1764. Staff corps, 2699a, Appendix p. 1764. Construction corps, lower grades of officers, 2701a. Corps of civil engineers, lower grades of Officers, 2701a. Disqualification by wounds, 2686. Eminent conduct in battle or extra Or- dinary heroism, 2475, 2701, 2704, 2705. Engineers, 2481. Ensigns, 2472, 2709-2712. Eligibility, 2688. Examºion, 2685–2700aa, 2708, 2709, Examining board, 2691, 2692. At foreign stations, 2619a. Record, 2694. Witness, 2692. Grade limited in number, 2687. Gunners, 2709-2712. Hospital corps, 2514. Laws relating to applicable to staff officers, 2700a, 2700aa. Lieutº-commander, 2484, 2697a- 597.h. 2697h, Appendix p. 1764. Lieutenants, 2472, 2484. Machinists, 2709–2712. . Marine corps, 2911, 2923, 2924. : Officers, 2901–2906. Medals of honor, 2713-2715. Medical corps, lower grades of Officers, 2701a. Naval Academy graduates, Naval constructors, 2550. Naval Reserve Force, 2900%a, (11%, 11%), Appendix p. 1765. Number of grade, 2687, 2701–2704. Officers, 2472, 2484 Naval dental dix p. 1761. Pay lººrps, lower grades of officers, 01a. Paymasters, 2528. Pay of officers promoted, 2837, 2838. Physical examination, 2685. Professional examination, 2689. Rear-admirals, 2487, 2690. - Staff corps, 2699a, Appendix p. 1764. Recommendations for, 26.97e, 26.97gg. Retired enlisted men in active service, 2659aa, Appendix p. 1763. Retired lists, 2650, 2651. Retired officers, on active duty, 2653c, 2653d, Appendix p. 1763. r Pay not increased, 2892. Retired Officers transferred to active lists, 2073a.a. Retirement on rejection, 2625, 2626. Rºment, withdrawal from line of, 650. Sailmakers, 2711. Seamen to warrant officers, 2559. Secretary of Navy to take action on records of proceedings of examining boards, etc., formerly required to be taken by president, 2700aa. Staff officers, laws relating to, 2700a, 2700a.a. Surgeons, 2496, 2497. Suspension from, on failing amination, 2700. Vacancies by death, thanked, 2707. corps, 2511e, Appen- in ex- etc., of officers 2736–2738. IPage 2269] PROMOTION (Cont'd) Navy (Cont'd) - Vacancies by retirement, 2649. Warrant officers, 2708–2712. Postal service, clerks or employees, 7231. First and second class postoffices, 7236, 7236aa, Appendix p. 1785. Letter carriers, 7236, 7237. 7236aa, Appendix p. 1785. Railway clerks, 75.11. In charge of crews, 75.13. Failing, 7514. In highest grades, 7515. Public Health Service, 9133. Revenue marine, commissioned officers, 8459%b(17, 18). Thanks of Congress, 2705, 2706. PROMUL.GATION - Amendments to Constitution, 303. PROOF See Evidence ; Homesteads. PRO OF READERS Government printing office, 7014. PROOF SHEETS Third class mail matter, 73.15. PROOF SPIRITS Adding substances proof, 5987. Standard of, 5983. PROPAGATION Eggs of game birds for, 822. Migratory game birds for, 8837h, Ap- pendix p. 1795. PROPERTY See Albandoned Property ; Captwred or Abandoned Property ; Derelict Prop- erty ; Military Stores and Supplies ; Public Buildings and Grounds ; Pub- lic Property ; Public Works. River and harbor improvements, see Rivers and Harbors. 4. Absent defendants in suits to enforce liens, remove clouds, etc., 1039. Attachment of property in which United States are interested, release of, 6950, to create fictitious 6.951. Citizens to have equal rights of receiving, holding, conveying, etc., 3931. . Claims for damages to or loss of from military operations, 335-335e, 6390-6403a. 6403-6403(4), Appendix p. 1780. Permanent appropriation for, 6799(34). Columbia. Institution for Deaf, 9341. Conspiracy to injure or destroy property of foreign governments in United States, 7678p. Damage by soldiers, etc., redress, 2308a, art. 105. Deceased persons in Navy, 2980(4, 11). In different districts, venue, 1037. In different states, jurisdiction of re- ceiver, 1038. Enemy or ally of enemy, regulations, etc., 31.15%a–31.15%j. Equal benefit of laws, 3925. Froperty rights in liquors, in Alaska, 3643m - for security of, In District of Columbia, 3421%l. Taking for public use without compen- sation prohibited (Const. am. 5). Taking without due process prohibited (Const. am. 5). Transfer, etc., to take advantage of act for protection of persons in military service, 30.78%qq. - TJnited States, power of Congress OWer (Const. art. 4, § 3, cl. 2). PROPORTIONAL IRATES Rail and water carriers, meaning of, 8569. PROPOSAILS See Bids. PROFRHETARY ARTICLES, ETC. See Mediciºves. . Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in certain cases, 6348b. When held 6309% c. PROPRIETARY FOODS Trade formulas, exemption from disclo- sure, 8724. PROPRIETARY MEDICHNES See Dºrºg S. PROSECUTING ATTORNEYS Alaska, enforcement of liquor laws, 36430. or intended for sale, [References are to sections, except where otherwise indicated.] PROSTITUTION Alien immigrants, excluded, 4289%b. Deportation of aliens, 4289%jj. Importation of women for purpose of, forbidden, 4289%bb. Suppression near military or naval camps, etc., 2019b, 2813e. 2019b, Appendix p. 1755. White slave traffic, 8812-8819. rºotion AND RELHEF OF SEA- See Merchaºtt Sea?men. PROTESTS Consular officers to receive, Customs duties paid under, Disposal of moneys, 5713. Necessity before refund, 5715. Permanent appropriation for repay- ment, 6799(22). - Master of vessel, 5583. - . National bank notes, on failure to re- deem, 9813. Physical valuation of property of com- mon carriers by Interstate Commerce Commission, 8591. PROVING GROUNDS - Acquisition of lands for, 1867dd. PROVISIONAL CERTIFHCATE Registry of vessels by consular officers, 7709a. PROVISIONS - Bureau of, see Supplies and Accounts, Bureau of. - Naval, see Naval Supplies. Customs duties on, 5291ſ186–236). Merchant vessels, 8353-8354. . Allowance for reduction, 8357. - Examination on complaint, 8354, 8355. Extra Wages to seaman discharged on complaint of provisions, 8374. Forfeiture for false complaint of, 8355. Permission to enter complaint, 8356. Scale of provisions to be allowed to accrue, 8392. Transportation of for army or navy by Sea, Weights and measures, 8360. PROVOST MARSHALS Duty to receive prisoners, 2308a, art. 71. Pensions, 8934. Total disability, 8944. Widows, etc., of, 8997. PROXIºS - American National Red Cross, 7701. National bank stockholders, 9682, 9827. PRUSSIA Vessels of, exempt from discriminating duties, 7826, 7827. PUBLIC ACCOUNTS See Accounts : Auditors ; MO1tegy. . PUBLIC AMUSEMENTS Equal rights of all persons as to places of, 3926–3930. PUBLICATION - - Abstracts of decisions of appraisers of customs, 5598. Amendments to Constitution, 303. Articles of war, 2308a, art. 110. Attachment of property of defaulting postmasters, contractors, etc., 1555. Author’s right to prevent, of unpublished º not affected by copyright act, 951 - Bankruptcy, process, 9602. Bulletin of Bureau of Education, 767. Bureau of Mines publications, additional copies, 7142. Limitation of editions, 7141. Certificate of national bank’s authority to commerce business, 97.12. Change of name of vessel, 7764. Commercial reports, 862. Common carrier failing to publish rates, etc., penalty, 8597. index of public 3160. 5595. distress of weather, Public Comprehensive docu- ments, 7041. Congressional record, 6967, 6968. Copyrighted works, exclusive right of owner of copyright, 9517. Cotton futures investigation results, 6309s. Departments, District of Columbia, 7182, 7186, 7187. Payment for without written authority prohibited, 7187. t Publication without written authority prohibited, 7187. - GENERAL INDEX IPage 2270] [References are to sections, except where otherwise indicated.] PUBLIGATION (Cont'd) Geological Survey monographs and bulle- tins, necessity of specific appropria- tions, 7149. Publication for exchange or sale, 7151. Hydrographic office charts. . etc., 7.147. Interstate Commerce Commission reports and decisions, 8582. Laws in newspapers, when to Cease, 112. Mail lettings in Maryland, Virginia and District of Columbia, 7183. National bank reports, 9774. Naval records of Revolutionary War, 619. Notices, applications to make final, proof of homestead entry, 4538c, 4539. . • Applications, patent for coal lands in Alaska, 5072. - Purchase lands in Alaska, 5091. Purchase timber and stone lands, 4673. . - Survey of lands granted to cer- tain states, 4876. . Changes in rates, etc., of Common Car- riers, 8569. - Contest of homestead claim, 4541. To co-owners of mining claim, 4620. Copyright, 9530. º Creditors in bankruptcy proceedings, Establishment of quarantine stations, 9169. Interstate quarantine against plant diseases, etc., 8760. & Judgment, as to adulterated or mis- branded insecticides or fungi- cides, 8768. º As to violation of Food and Drugs Act, 8720. - Live stock quarantine, 8701. . Under mining laws, maximum charges, 4642. Removal of obstructions to navigation by Secretary of War, 9924, 9925. Rent or sale of unproductive lands Or property acquired by United States for debts, 6942. Restoration of mineral lands in na- tional forest domain, 5133. Sales, abandoned military lands, 5004. Bank stock on failure to pay ill- stallments, 9678. Lands acquired under reclamation acts, 4746. • For non-payment of internal reve- nue tax, 5919. . . Public lands, 4766, 4767. Real property under decree, etc., 1642. - Timber on national forests, 5127. Vessels, etc., 1565. Seizures, property under customs laws, 5778. Vessels in domestic trade for vio- lations of law, 8134 Vessels, etc., for procedure, 1549. In suits on bonds of contractors for public buildings or works, 6923. Officers dismissed from military Service, 2308a, art. 44. Official Register, 7092. Order in suits to enforce liens, etc., 1039. Printer’s fees, 1459, 1460. Proclamations, 7184. Public land sales, 4768. Public money, receipts and expenditures (Const. art. 1, § 9, cl. 7). Quarterly statement of receipts and eX- penditures, 399. Régulations, floating of timber, 9927, 9928. United States consular courts in cer- tain foreign countries, 7663. Reports, Children’s Bureau, 965. T)irector of Bureau of Mines, 785. Service of summons in foreclosure of miner’s lien in Alaska, 5065. Statements of appropriations, offices cre- ated and salaries increased by secretary of Senate and clerk of House of Repre- sentatives, 88. Stationery for Congress, 91. Supplement to Revised Statutes, continu- ance of, 7112, 7113. Sworn statement of names, etc., of edi- tors, owners, etc., of newspapers and periodicals, 7313. Treaties, 7184. Vital statistics, 9147. Warehouses, agricultural products, li- censed warehouses, etc., list of, 87.47%m. PUBLICATIONS - see Public Printing and Binding. «Compliments of officer not to be insert- ed in, 7095. By enemy aliens prohibited, 7615. Public Health Service, Warehouse men, findings by Secretary Of PUBLICATIONS (Cont'd) Of federal controlled transportation sys- tems, production, 31.15% c. - Foreign languages, regulations, 31.15%j. Geological Survey, distribution to public libraries, 7105. - Report of mineral resources, size, hºber of copies, distribution, etc., Size, editions, number of copies, ad- #ºnal copies, free distribution, 4. Government publications, copyrighting prohibited, 7020. Distribution by departments, 7170. Nonmailable, violation of Espionage Act, 10401a–10401d. 9128. Agriculture of failure to perform duty, 8747%l. Weather bureau, PUBLIC BUILDINGS AND GROUNDS See Board of Public Works ; Public Contracts : Public Works ; Seat of GO’ver????ve?vt. . - Alaska, see Alaska. Hawaii, see Hawaii. Inventories of, see Inventories. General provisions, 6900-6940. Abandoned military reservation, apprais- all and sale, 5005. Accounts of officer in charge, examination of by Auditor, 419, 420. Alterations of treasury building not to be made without Specific appropriations, 6908. Appropriations, authority to erect not an appropriation unless So made in ex- press terms, 6906. Available, how long, 6791. Only for purposes enumerated, '6795. When, 6790. Disposal of balance, 6791. Estimates, 6681. Reports, in of expenditures for re- pairs, etc., 6696. - Of persons employed on, 6695. Separate for administrative Work, 6795. Statement in, of buildings rented, 6682, 6683. District of Columbia, details of, 6684. Pay of assistant custodians or jani- tors, 6792. - Army hospitals, 9208b. Barracks, 1981, 1984. Bonds of contractors, 6923. Buildings under control of secretary of treasury, 6938. Civil Service examinations, use for, 3274. Compensation of employés paid from ap- propriations for construction of, limi- tation on, 6924. Contract, may be made to full cost lim- it though appropriation. Only par- tial, 6887. Not to exceed appropriation, 6886. Department of agriculture, rent, 837a. Department of Commerce, Secretary to have charge of, 861. Department of Justice, rent of building for, 6933a. Department of Labor, for, 6933b. Detail of field force to supervising archi- tect’s Office, 367. Diplomatic and consular establishments, acquisition or construction, 3209. HDisbursement of appropriations for con- struction of, manner of, 6927. - Disbujºs officers, appointment, 6666, 6926. Collectors of customs, 6665. Commissions, 6659-6661. Limit of compensation, 6659. Disciplinary barracks, 2458a. District of Columbia, 3308-3369a. Ailantus trees not to be planted in, rental, rent of building Appropriations for, availability for use in temporary rented quarters, 6935, 6936, 6936a. Appropriations for expenditure for pºuction of electricity restricted, 30. Canals filled in city of Washington under jurisdiction of chief of engi- neers, 3358a. Capitol building and grounds, 3370- 3382, 3386-3415. sale of, 848. | PUBLIC BluTLDINGS AND GROUNDS (Cont'd) District of Columbia (Cont'd) - Central heating, lighting and power plant authorized, 3332. Buildings supplied from, 3332a. Connection with Capitol power plant, 3332. Commission of Fine Arts, 3367-3369. cºnnation of sites, procedure, Custody and control of, 3308. Employés in control of Chief of En- gineers, 3310. - Erection of buildings on reservations, etc., restricted, 3336. rºates and appropriations Extension of buildings beyond building line ratified, 3335, 3354. Fish ponds in monument grounds, Control of, 3349. Gas governors, rentals, 3331b, Appen- dix p. 1775. Gas payments, limitation on, 3331a. Government fuel yards, 3369e, Appen- dix p. 1775. - 1. Harbor lines, 3366. House office building, 3383, 3384. Inventory of property in, not to in- clude stationery and fuel, 3420. Jurisdiction over B street transferred to Chief of Engineers, 3350. Laws and regulations of district ex- tended to, 3337. * Laws 3392 for, extended to Capitol Square, Lease of Storage accommodations for departments, 6932. LOW grounds in Washington, D. C., conveyances of, 6945. Meters, 3375. - Navy Department Annex and State Department Annex in charge of su- perintendent of State, War and Na- vy Building, 3329. Occupation or appropriation unlaw- fully, 3334. Park system, control of, 3353. A Parkway connecting Potomac Park With Zoological Park and Rock Creek Park, 3362. Plans, surveys, etc., to be kept by Chief of Engineers, 3321. Potomac Park, 3361, 3361a, 3361b. Temporary occupation by Agricul- tural Department, 3365. Public buildings commission, 3369a. Reapportionment of space in state, War, and navy building, 3328a. Regulations for. 3357. Regulations of Chief of Engineers ex- tended to Sidewalks and carriage- ways around public grounds, 3358. Removal of documents, models, etc., ; capitol buildings authorized, a. Renting of buildings for Government ºposes, appropriation necessary, Renting of buildings instead of others rented, 6931. Reports upon improvement and care of, number of copies, etc., 7100. Reservations used for widening road- ways, 3355. Restrictions on propagation of trees and plants at nursery, 3343. Rock Creek Park, 3359, 3360. State, war and Navy Buildings, super- intendent, 3328-3329c. 3328, . Appendix p. 1775. Superintendent, distribution of em- ployés, 3329cc, Appendix p. 1775. * Duties extended to buildings in Henry Park Reservation, 3329a. Statuary hall in old hall of repre- sentatives, 3386. Street intersection parks, 3363. Structural materials for, tested by Bureau of Standards, 924. Structures for play grounds author- ized, 3346. Telegraph connecting buildings, sale of unnecessary material, 3326. Supervision and Operation, 3324. Use restricted to public business, 3325. Transfers of jurisdiction between Chief of Engineers and commission- ers, 3356. Use as play grounds authorized, 3345. GENERAL INDEX [Page 2271] [References are to sections, except where otherwise indicated.] PUBLIC BUILDINGS AND GROUNDS (Cont'd) District of Columbia (Cont'd) . U. for public ceremonies restricted, 3344. Wºmen, medical attendance for, d water mains and pipes, payment for, 33.16. - Water supply, shut off when, 3317. Wharves, construction and rental, 3365. Control by commissioners, 3364. Permit for, in Potomac river, 9942- Draping in mourning forbidden, 6939. Estimates, lump sum appropriations, statements, exceptions, 6740. tº Expenses of field forces while detailed to supervising architect’s office, 367. Forts, etc., erection in cases of emergen- cy, 6903. © Furniture for new buildings, conformity to plans and specifications, 6937. Heating apparatus, contracts for, 6919. Hospital stewards’ quarters, 1985. tº Hot Springs Reservation, leases and priv- ileges on, approval of plans, 5253. Hygienic laboratory, 9142. • Inspectors, expenditures for assistants from appropriation for furniture, etc., 6777. Justice Départment, rent of building for, 6933a. * Labor Department. rent of building for, 6933b. Secretary of Labor to have charge of, Leased for military purposes, 6932a, Ap- pendix p. 1784. Leased for use of appraisers of custom, 5637, 5639. Leprosy home, 9188d. Library of Congress, superintendent, 134. Lighting public grounds, required, 3331. Liquidated damages for of in contracts, 6922. Military posts, 1979-1990. National Home for Disabled Volunteer Soldiers, 9251, 9252. National Parks, limit of cost of, 5250. s 5250aa. Appendix p. 1778. National Zoological Park, 10588–10591. Navy department, rent of building for, 6933. Navy hospitals, 9203. Office of, inventory of public property in Executive Mansion kept in, 231. Payment, fixtures, electric wiring, etc., from construction fund, 6920, 6920a. Engineering and electric lighting plants from construction fund, 6921. Plans, etc., for, payment of expense of, 6916. delay, stipulation Not to be approved until selection of site, º, e. Not to involve expenditure in excess of cost limit, 6917. In Porto Rico, 3803f. Post Office buildings, restriction upon au- thorizations for construction of, 6918. Quarantine stations, 9167–9172. Receiving boxes for mail matter, 7277. Religious worship, military academy, 2282. Rent, department of agriculture, reports, 8. Department of Justice, 6933a. Labor Department, 6933b. Reports of Chief of Engineers, 3327. Restriction on employment of persons for supervision and care of, 6925. Rural post roads, rental of, 7477.h. Sales of, obsolete ordnance for, 3.103. Sampling works for imported ores, 5617. Sites, acquisition by purchase or condem- nation, 6901. Affidavit of commissioners to select, Commissions not to be paid for dis- bursements on account of, 6907. Condemnation of, 6909. º Expenditures for, limited to specific appropriations, 6905. Payments for, under control of Treas- ury Department, 6907. - Purchase of, for armories, etc., opin- ion as to title and consent of state legislature, 6902. Renting, 6928. Selection, 6900. - sº assent to purchase of lands, Soldiers’ Home, 9219. Restrictions, 9234. contracts not PUBLIC BluTLDINGS AND GROUNDS (Cont'd) - Storage accommodations for departments, rent of, 6932. a Tºnical experts for standardizing of, Temporary quarters, appropriations avail- able for use i..., 6934-6936a. Useless papers in, disposition of, 282, 283. Vºteer Soldiers’ Home, headquarters, a. - Watchmen, powers, 3338. PUBLIC BUILDINGS COMMISSION Duties, 3369a. Establishment and composition, 3369a. Reports to Congress, 3369a. Vacancies, how filled, 3369a. PUBLIC CONTRACTS See Advertisements : Bids ; Postal Supplies ; Public Bºlāldī7, g3 a.º.d Grotºnds. Carrying the mail, see Mails. - Contracts in general, see Contracts. JRiver and harbor improvements, see Rivers and Harbors. General provisions, 6832-6899. Advance payments to contractors for sup- plies, 6648a. - Aliens, relief of needy, 959. Appropriations, act of Congress not con- Strued to authorize contract exceed- ing, unless specific, 6763. ſ: Buildings in District of Columbia not to be rented without, 6930. - Contracts not to exceed, 6886. Unless authorized by law, 6778. Contracts to full cost limit on partial appropriation, 6887. Expenditures for site limited to spe- cific, 6905. *N Officer contracting beyond specific, 10266. Artesian wells, construction of by In- dian service, 4040. Assignment prohibited, 6890. Blanks, books, etc., for money order busi- ness, 7557. Board of Public Works, power, 3333. Bureau of mines, open market purchases, 6836b, Appendix p. 1783. Cape Cod canal, purchase of, 9881b. Carrying mail, 7424–7455. Cartage of merchandise in custody of government, 5684. - Chesapeake and Delaware canal, purchase of, 9881a. Coast and geodetic Survey, 6836d, Appen- dix p. 1783. Collection, etc., etc., 6952. Collection of moneys, etc., due Confeder- ate States, 6952. Condemnation of timber, sawmills, camps, etc., 6911aa, Appendix p. 1784. Copies in returns-office as evidence, 1501. Copies of retu ified rates, 764. Copy filed in Returns Office, 761. Department of Commerce, open market purchases not exceeding $25, 6836e, Ap- pendix p. 1783. Department of Labor, supplies or services # exceeding $25, 6836f, Appendix p. 7 / limitation Old of abandoned property, Deposit with auditors of treasury, 6894. Engraving, 6969. Engraving and printing United States notes, etc., 6551. Estimates, it mp sum appropriations, ex- ception, 6740. Forging, etc., 10192, 10193. Having in possession, 10.194. Forms to be furnished by secretaries, 6899. Heating apparatus, 6919. Hours of labor, 8918-8922a. House of representatives, horses and wag- Ons for service of, 1:13, Packing boxes for, 115. Stationery and materials for folding room, 107. Indian affairs, lowest bidder, 4048. Indian supplies, 6835, 6835a. Insane persons, care of, on Pacific coast in State asylum, 9305. Convicts in state asylums, 9322. Instructions by secretaries with reference to making, 6899. Internal revenue stamps, 6318f(b). Irrigation works, 4703. rns to be furnished at spec- PUBLIC CONTRACTS (Cont'd) Judicial authority of ministers and con- Suls of United States in certain foreign countries, 7635. Land not to be purchased unless author- ized by law, 6889. - Lease of storage accommodations for de- partments, 6932. - Lighthouse service, appropriations to be expended by, 8429. Materials, 8428. - Officers, etc., not to be interested, 8457. Repair of Vessels, 8430. Lºns public grounds, not required for, Liquidated damages for delay, stipulation, effect, 6922. : Lithographing, 6969. Lithographing, etc., for Patent Office, 7094. Materials, folding-room of Senate and house of representatives, 107. Government printing office, 6970. Other than paper for public printing and binding, in open market, 6966. Memººr Congress, interested, 10284, Making official contract with, 10285, 10286. sºlation that no member interested, Taking consideration for procuring, 10282. Military academy, supplies for department of instruction, 6861a, Appendix p. 1783. Military and naval service, 6842. Advertisement, purchase of motor am- bulances for army without ad- vertisement, 6832a. - 6832a, Appendix p. 1783. Army subsistence, 6844. Breach by artificer or workmen at ar- senal or armory, penalty, 3087. Buildings, military posts, 1982. Quartermaster's Department, 1982. Bºne of domestic manufacture, Construction, etc., of forts, etc., 6860. Contracts or purchases permissible Without appropriation, 6884, 6885. Control of, 6842. - Domestic manufactures to be prefer- red, 6876, 6879. - Forts, etc., construction, etc., 6860. Lands for, 6911, 6911a. Gun steel or armor for navy, 6867. Hors; for cavalry, artillery, etc., 6848a, Appendix p. 1783. Horses, wagons, etc., for army trans- portation, 6849. Inspection, of fuel in District of Co- lumbia, 6838–6840. Land for forts, etc., 6911 Oath of officer attached, Ordnance, 6854, 6855. Obligations for in addition to ap- propriations Specifically authoriz- ed, 6648b. Ordnance property, 6855. Partial payments during progress of work under contract, 6882. Printing and binding for army, etc., in time of actual hostilities, 6676a, 6897. 7159aa. Printing for Quartermaster’s Depart- ment, 6856. Pºsions for navy, award by items, Reduction to writing and signing, etc., 6895-6899. Relinquishment of reservations on de- liveries, 6881. Rental of building for navy depart- ment, 6933. sº purchase by War Department, Supplies and stores for army, 1957- 1960, 6852, 6853. N; of contractor to appear on, 3. Supplies and stores for navy, 6862, 6869, 6877, 6878. - Bids to be accompanied by guar- anty, 6863. Certified check in lieu of guar- anty, 6864. - Foreign, 6873. Opening proposals, 6872–6874. - Preference of home manufacturers, etc., 6879. Purchase in open market, 6871. rejected bids, GENERAL INDEX PUBLIC CONTRACTS (Cont'd) . Military and naval service (Cont'd) Supplies and stores for navy (Cont'd) Reserve material use of, 6878a. Specification of quantity, 6872. Tobacco for navy, 6869, 6870. Supplies and stores for ordnance de- partment, 1855. Supplies and stores for Quartermas- ters and Commissary Depart- ment, 6846. . Record of bids, 6865. TJnauthorized contracts prohibited, 6884, 6885. - Transportation, stores, 6847. Supplies, to be by United States - vessels, 6857. Use of dry dock at Boston, 2804bb. War Department, report of bids for - work by Secretary of War, 334. National Training School for Boys, 9410. Navigation, removal of obstructions, 9924. Oath of officer making, 6897. Officers, agents, and employés not to be interested in, Indian contracts, 6893. Lighthouse service, 8457. Members of congress, 10284, 10286. Stipulation, 6892. Officers taking consideration for procur- ing, 10282. Open market purchases or Services out- side District of Columbia, not exceeding $50, 6836aa. 6836b-6836d, Appendix p. 1783. Not exceeding $25, 6836e. 6836f, Appendix p. 1783. Panama Railroad Company, Services, ma- terials, etc., for government, 10054. Paper for public printing and binding, 6957–6964. Payments on, not to be beyond services. rendered, 6647. - . Pecuniary interest of agents or employés under food conservation act, 31.15%f. Postal guide, requirement for Supply of copies; price, 7265a. Preference to domestic materials and la- bor, 6859. Preservation or sale of Wrecked or aban- doned property, 6952. Printed packets for mailing seeds, 820a. . Printing for quartermaster’s department, 6856, Appendix p. 1783. Printing United States notes, etc., 6553. Public buildings and works, 6900–6940. Rations for revenue-cutter service, 8459%b etc., Reclamation Law, for excess, storage, etc., of water under, 4738-4740. Reclamation servicës, Open market pur- chases of supplies or procurement of services not exceeding $50, 6836c, Appen- dix p. 1783. Reduction to Writing, signing, etc., 6853a- 6853c, 6895-6897. River and harbor 9885- 9886a, 98.91a. Letting of, 9883, 9884, 9888. Senate folding room, stationery and ma— terials, 107. Separate for each class of work, 6858. With States for donation of arid lands, 4685 (1). Stationery, Congress, 91-94. Folding-room of senate and house of representatives, 107. Limited to one year, 6888. Subsistence of juvenile Offenders in hous- es of refuge, 1055i. Subsistence of United States prisoners, 10548. - Supplies, American manufactures pre- ferred in, 95, 6845, 6876, 6879. Congress preference of American man- ufacturers, 95. Indian service, bids, etc., 4042. Copies to be furnished to auditor of War department, 4043. Proposals to be preserved, abstract of bids, 4044. - Limited to one year, 6888. Miscellaneous, for departments, Secre- tary of Treasury to make, 6833. Soldiers’ Home, 9234. Support and relief of aliens, 959. Survey of public lands, 4806. Instructions deemed part of, 4807. Transcripts from books of treasury de- partment as evidence, 1498, 1499. Transfers of, forbidden, 6890. - Not to affect actions for breach, 6890. improvements, certified checks, [References I Page 22721 PUBLIC CONTRACTS (Cont'd) Transportation companies, for inspection of aliens, 959. - Transportation of moneys, bullion, and coin, etc., 6841. Uºhorized contracts prohibited, 6884, 885. - - United States securities, manufacture of distinctive paper for, 6553a. Wessels for transportation of fuel, chase by President, 6879a. Vessels for Treasury Department, lien for advances, 6648. - Wages for overtime, 8922a. Water supply for cities and towns under irrigation projects, 4718. Writing, 6895. Exceptions, 6895a, Appendix p. 1783. PUBLIC CONVEYANCES Equal rights of all persons to accommo- dations, etc., 3926–3930. PUBLIC CREDIT ACT See Public Debt. Text of act, 6809. PUBLIC DEBT . See Certificates of Indebtedness ; Debts to or by United States ; United States ; United States JBoºvds. General provisions, 6809-6831. 6829ii-6829qq, Appendix p. 1782. Accounts relating to, examination of by Auditor, 420. Anticipation of payment of interest, 6814. Census statistics, 4389. 6824, 6829ee, 6829kk, 6829n, pur- Certificates of indebtedness, 6829h, 6829hh, 6829ii, 6831. - Exemption from taxation, 6831. apayable in gold coin, 6830. In payment of interest on, 6564. War savings certificates, 68297-6829n. Coin from duties pledged for, 6810(1). Credits for allied foreign governments engaged in war, 6829], Appendix p. 1782. Credit to public officers for notes, etc., stolen, 6822. - Cuba, restrictions on, 7679. Dealing in, by treasury clerks forbidden, 378. ‘Deposits for redemption of national bank notes, 9754. Estimates for refunding, 6687. Exchange of registered for coupon bonds, Exempt from taxation, 6816 Fiscal agents, 6829m:(3/3), 1783. - Interest, bonds of Pacific Railway, per- manent appropriation for payment, 6799 (10). Not ºble in national bank notes, 97.21. Nor in United States notes, except, etc., 6575-6577. Payment in gold coin, 6825. 6829ii, Appendix p. 1782. Permanent appropriation for payment, 6799 (9), 6801, 6813. Legal tender, 6575-6577. Loans, 6824–6831. . Emergency expenditures, etc., 6829e. Expenditures due to Mexican situation, etc., 6829d. '-. Obstructing, 10212c. Obligations of allied foreign governments, conversion into obligations bearing higher rate of interest, 6829.j, Appen- dix p. 1782. Purchase of, 6829.j, Appendix p. 1782. Panama Canal bonds, 6826–6829c. Payment, application of net earnings from federal reserve banks, 9791(2). In coin, 6809, 6825. Legal tender, 6575–6577. Permanent appropriation for, 6798. Porto Rico, limited, 3795, 3803m. Purchase or redemption of bonds, 6823. Refunding, permanent appropriation for, 6799(12). Registry of Treasury, tion with, 486. Sinking fund, 6799 (13), 6810–6812. Additions to, 6812. Cancellation of bonds redeemed or paid, 6811. Titles of acts, 6829qq, Appendix p. 1783. Validity (Const. am. 14, § 4). PUBLIC DEPOSITARIES See Depositaries of Public Public Mo?vey. e Appendix p. duties in COrlTleC- Moneys ; are to sections, except where otherwise indicated.] PUBLIC DOCUMENTS Public documents and reports, see, al- so, Public Printing and Binding. 'Superintendent of documvents, see Su- perintendents. General provisions, 6953-7187. Abridgment of, preparation and printing, number of copies, distribution, 7089. Accompanying maps and illustrations to be printed at same time, 7152. Appropriations to which cost is to be charged, 7164, 7166. Bills and resolutions, of Congress, print- ing and distribution of, 7025. Binding, for Congressmen, style, 7181. For distribution to libraries, 7154. Precedence to libraries, 7022. Catalogue of, 7048. - Charts, coast and geodetic Surveys, dis- tribution to educational institutions, 7146a. . Compliments of officer not to be inserted in, 7095. Comprehensive index of, 7041. Congressional documents academy library, 2256. Delivery of documents published for sale to superintendent of documents, 7039. Department, etc., to deliver to Superin- tendent of Documents, 7045. As evidence, 1494. - Distribution, by Congressmen not affect- * ed by act, 7171. By Congressmen, time for, extended, 7052 to military TO Congressmen from folding room, 7050 To depositories, etc., increase or dim- inution of allotment, 7139. Government publications not printed at Government Printing Office, to Library of Congress, 7028. To Governor-General of Philippines, 7047. To Library of Congress, 7026, 7027. To library of Philippine government, Public and private laws, postal con- ventions and treaties, 7029. By public printer, 7171. Documents not to be printed without au- thority or necessity, 7173. f Envelopes for mailing, printing upon, 6992. Estimate of cost of printing to accompany response to congressional inquiries, 7035. Exchanges by heads of departments, 7177. Exclusion of unnecessary engraving, etc., 7173. - - Extra, copies, defined, 7034. Printing, binding, number of copies, 7053-7163. Style of binding, number and allot- ment, 7053. - Foreign legations may be furnished with, 7145 Franks for mailing by congressmen, 6992. Free public use of, in depositories, 7144. Free transmission of documents sent and received by vice president, members of Congress, etc., 7378. Furnishing to public printer by heads of executive departments, time for, 279, 279a. House, copies for library of Congress, 146. Designation, numbering, 7153. . Document room, 7037. Documents for state department, 7024. Illustrations, etc., restrictions on use of appropriations for printing and binding for, 7175. Immigration commission, sale, 7131. Interior Department, copies of, furnished, 675 reprinting for Journals of Senate or House of Represent- atives, fees for transcripts of, 97. Lapse of authority to print after two years, 7036. Libraries designated as depositories of, to be continued, 7143. Limit on number without authority from Congress, 7163. Mailing equipment to be transferred to public printer, 7171. National monetary commission, reprinting of for sale, 7140. Number of copies to be printed, 7022. Office of Commissioner of Indian affairs, copies of admissible in evidence, 720. oº:: of solicitor of treasury, as evidence, 1495. Office of Superintendent of Documents in Interior Department abolished, 7043. GENERAL INDEX [Page 2273] [References are to sections, excépt where otherwise indicated.] PUBLIC DOCUMENTS (Cont'd) Order for, by departments, 7169. Ordering by either House of printing of document not already provided for, 7035. Ownership of Government publications furnished officers for official use, 7144. POWer of congressional committees to pro- Cure printing of, 7032. Pºns for departments, restrictions on, 76. Public and private laws, postal conven- tion and treaties, number, manner of printing and distribution, 7029. Public printer to furnish only in accord- ance with law or instructions of heads of departments, 7171. Regulations for printing for Congress in editions, 7168. Removal from Capitol buildings authoriz- ed., 3380a. Report of United States commissioner on industrial relations, reprinting copies for sale, 7107a. Fººting of documents required for sale, Reservation of unstitched documents dis- continued, 7023. Rights of retiring Congressmen to, 7051. Sale of extra copies of, 7004. Disposal of receipts, 6985. Senate copies for library of congress, 146. Designation, numbering, 7153. Document rooms, 7037. Under Secretary of Senate, 7038. Documents for State Department, 7024. PUBLHC HEALTH AND MARINE HOS- PITAL SERVICE ACT See Health Hospitals. Tºº,” act, 9134-9136, 9141, 9143, 9144, 9146- IPUBLIC HEALTH SERVICE See Health; Hospitals. General provisions, 9128-9188. Departments, opium purchased by officers of, without, written order, 628.7h. Purchase of opium by, without regis- tration or payment of tax, $287g. PłJBLIC HEALTH SERVICE ACT See Health. Text of act, 9128, 9129. PUBLIC IMIPROVEMENTS Preference of domestic materials and la- bor in contracts for material for, 6859. PUBLIC INFORMATION Committee on, appropriation for, 31.15% b, Appendix p. 1773. HPUBLICHTY EXPERTS Public money not to be expended for un- less authorized, 3227. PUBLICHTY OF POLITICAL BUTHONS ACT See Elections. Text of act, 188–198. PUBLIC HANTOS See Agricultural Colleges ; Agricultu- ºral LCL'nds ; Alaska Bowivty Lands ; Carlal Zone ; Coal Lands ; Commis- Sioner of General Land Office ; Court of Private Land Claims ; Desert Lands ; , Ditches and Drains ; Gener- al Land Office ; Geological Survey : Hawaii : Highways ; Homesteads; Indian Lands ; Indian Reservations ; Irrigation ; Land Districts and Offi- ces ; Land Gºrdºnts ; Land Patents : Maps and Plats ; Military Bowººty Land Warrants : Military Reserva- tions : Mines, Mining, Minerals, Min- eral Lands, Resources, and Claims : National Forests; National Parks ; Oil Lands ; Philippines ; Porto Rico; Pre-emption ; Private Land Claims; Recorder of General Land Office ; Registers and Receivers ; Rights of CONTR}{- TWay; , Surveyors-General ; Survey- ors of Lands ; , Surveys; Swamp Lands ; Timber ; Timber and Stone Lands ; Timber Culture ; Townships ; Tow?". Sites. Grants in aid of railroads, see Rail- roads. Reservation and grants to states, see States. Rights of way through, see Rights of Way. General provisions, 4435–5120. Abandoned military reservations, 5003-5012. Accounts relating to, Auditor’s examina- tion, 420. * * COMP. St. 18–143 PUBLIC LANDS (Cont'd) Alaska, 5045–5096. Homestead entry, 5046a–5046b, Appen- dix p. 1777. Aliens, rights not affected by provisions relating to territories, 3496. Aviation stations, use for, 1867m. Bounty lands, 4826-4859. Clºnia Débris Commission may use, b. Ceded Indian lands, 5013-5019. Citizens claiming under grants from dif- ferent states, jurisdiction, 991(1). Claims within Battle Mountain Sanitarium Reserve, 9286. Classification of, 770. Withdrawal of settlements, etc., pur- pose of, 4523. cº, power over (Const. art. 4, § 3, Cl. 2). Contest, costſ, payment of fees on behalf of Indian parties, 4101. Desert and arid lands, 4674-4750. Donation of patented lands to, Park, 5208a. Yosemite National Park, 52.10a. Drainage under state laws, 4970-4976. Enforcement of laws relating to, by com- missioner of general land office, 5120. Entries, hearings by order of commission- er of general land office, 699a. General Land Office, 690–712. Grants, aid of railroad and wagon roads, 4882–4917. Swamp and overflowed lands, 4958–4969. Homesteads, 4530–4612. Leases, naval lands, 647a. . Live-oak and red-cedar lands, 4977–4988. Selection and reservation, 4977–4988. Vessel carrying such timber, 4981, 4982. National forests, 5121-5187. National park service, 787d-7879. National parks, leases by Secretary of Interior, 787f. Naval petroleum reserves, disposition of funds secured from, 46372. Navigable rivers to be highways, 4918. North Dakota, exchange of, 4529a. Obstruction of settlement on, or transit over, 4999, 5000. Offenses, agreement to prevent bids at land sales, 10226. Boxing trees, etc., tine, 10218. Breaking fences, driving cattle, on inclosed public lands, 10223. Forging or counterfeiting military bounty land warrants, 10241. Hunting, taking eggs, etc., on bird- breeding grounds, 10252. Injuring or removing survey marks, 10224. Sequoia, etc., trees for turpen- etc., Interrupting surveys, 10225. Timber depredations, punishment, rights of entrymen, 10216. On reservations or Indian Iands, 10217 Willful and false representations to purchaser of, punishment, 10226a. Oklahoma, 5020-5044. Panama, Canal Zone, 10031-10054. Permits to use earth, Stone, timber, etc., for construction of irrigation Works, 4741. Potassium deposits, 4640e-4640k. Powers of Congress (Const. art. 4, § 3, cl. 2). Preservation of antiquities, 5278-5281. Private land claims, patents, 5097-5105. Production of original papers, etc., On subpoena duces tecum, 701. Railroad, etc., grants, 4882–4917. Reclamation by United States, 4696-4750. Recorder of land titles in Missouri, office abolished, 4514, 4515. Registers and receivers, 4469-4503, 4515a. Report of receipts from, 399. Reservation of for aviation purposes, I867dddd, Appendix p. 1749. Reservations and grants to states for public purposes, 4860-4881. Repurns relative to made to Commissioner of General Land Office, 703. Rights of persons in military service, 30.78% q. Rights of way and other easements, 787 g, 4918–4957, 10072. Sale and disposal, 4751–4783. Abandoned military reservation lands, 4 5004. Acquired under reclamation act, 4746. PUBLIC LANDS (Cont'd) Sale, and disposal (Cont'd) Agreements to pay premium to pur- Chaser, 4781. Discovery by bill in equity, 4783. Agreement to prevent bids, 10226. Agricultural, acquired for protection Of water sheds, 5183. j Cemetery purposes, 4765. Certificates to two or more purchas- ers of same section, 4770. Certification of amount of excess pur- Chase moneys, etc., repayment, 4493. Devised to United States, 6948. Distinction between offered and un- offered lands abolished, 47.63. Credit not allowed, 4756. Duration of sales, 4769. Duties of commissioner of general land office, 699. Duties of registers and receivers, 4469. Escheated to United States, 3495. Fees of registers and receivers, 4473. Final proofs on death of register or receiver, 4496. General land office, clerks, etc., pro- hibited from purchasing, 698. In half quarter-sections, 4751. Isolated of disconnected tracts, 5110. In Nebraska, limitation of amount, Town sites in Oklahoma, 503.9. Lands adjacent to railroads, price, 4761, 4762. * Lands located with claims under treal- ty of, 1854, 4776. Lots, Hot Springs Reservation, 5251, - 5257. Irrigation projects, 4716. Manner of offering by President, 4766, 4767. Minimum price, 4752, 4756-4759. Alternate reserved lands along railroads, 4757-4759. Mineral lands excluded, 4759. Persons excluded from benefits of act, 4759. Cemetery purposes. 4765. Porfeited lands, 4761, 4762. How fixed when reservations sold, 4773 Lands located with claims undef treaty of 1854, 4776. Reservations, 4773. Saline lands, 4752. . Minnesota, for enforcement of drain- age charges, 4972–4976. Mistake in, entry, correction, 4777. Entry, selection or location, affin davits, etc., change of entry, 4780. Location of warrants, 4779. Patent, 4778. Payment, bounty warrants, etc., ceivable, 4859. Cash payment, 4756. Foreign coins receivable, 4775. National bank notes receivable for, 9721. Private entry prohibited, exceptions, 4760. re. Private sale, 4754–4756. To highest bidder, when, 4774. Lands in Missouri, 4764. Lands subject, 4757. Proceedings in, 4755. Proceeds, 4695h. In certain states appropriated as reclamation fund, 4700. Publication of proclamation of sales, 6S. Public sale, 4751–4753, 4755, 4756. Prohibited, 4752. Pºhase by certain officers forbidden, 3. Purchase-money invested in stocks, sale of stocks, 4772. Receipts for payments, 4756. Recovery of premiums paid to pur- chasers, 4782. Registers and receivers to furnish lists of land sold, 4478. Repayment, excess payments, 4492. Money paid under application re- jected, 4491. Not confirmed, 4771. Reversion of lands sold for cemetery purposes, 4765. sº to be kept open for two weeks. 4769. Saline lands, 4752. Size of tracts, 4754. State irrigation district lands, 4695f. Timber and stone lands, 4671-4673. GENERAL INDEX [Page 2274] [References are to sections, except where otherwise PUBLIC LANDS (Cont'd) Sale and disposal (Cont'd) - Unproductive, acquired for debts, 6942. Segregation of agricultural from mineral lands, 4650. State irrigation districts including pub- lic lands, 4694a-4695h. Stock raising homesteads, 4587a-4587k. Suits, under grants from different states, removal, 1012. Survey, 4803-4825. 4824a, Appendix p. 1777. Surveyors and deputy surveyors, 4468. Suspended entries, 5.106–5115. Decision of commissioner, 5107. How decided, 5106. Swamp and overflowed lands, 4958–4969. Timber, 4977–4996. Timber and stone lands, 4671-4673. Title to lands in Missouri confirmed, 5099. 4435- approval, Existing rights not affected, 5100. Town-sites, see Town-Sites. Unlawful inclosure or occupancy, 4997- Acts prohibited, 4997. Decree for destruction of enclosure, District attorney, duties, 4998. Obstruction of settlement or transit over lands, 4999. Penalty, 5000. Removal of enclosure, 5001. Suits for violations, 4998. Injunction, 4998. . Jurisdiction, 991(21), 4998. Permission from secretary of in- terior to bring, 5002. Preference of hearing, 4998. Process, 4998. \Use of materials for telegraph lines, 100.73. - Withdrawal from seſttlement, location, sale or entry, 4523-4529. Alaska, coal lands, 5078b. Disposition of oil lands or their pro- ceeds pending application for pat- ent, 4637a. Entry of phosphate, oil, etc., lands under non mineral laws, 4640a. Exchange of private lands over which Indian reservation is extended, 4527. Forest reserves not to be created in certain states except by act of congress, 4524. Homestead, etc., entries, 4524. In Indian reservations, 4526. Lands withdrawn, open to explora- tion, etc., under mining laws, 4524. w)ccupants or claimants of oil or gas bearing lands, 4524. {\pening of lands restored after with- drawal, 4528, 4529. Parks, playgrounds, etc., 4719a. Purpose of, 4523. Reports to Congress, 4525. State irrigation district, 4695b. Temporary withdrawal of lands for which application under Carey Act is proposed, 4695. - Townsites in irrigation projects, 4715. IPUBLIC LIBRARIES Books from Library of Congress trans- ferred to, 150. Coast and geodetic survey charts for, 7146. College or School, documents allotted to, Official Register, 7092. Congressional Journals, 7030. Department publications, 7031. Depositºries, designation as continued, Investigation of libraries designated as, 7049. District of Columbia, miscellaneous books transferred to from executive depart- ments, 281. Extra documents, 7046. Geological Survey, maps and atlases, 779. Reports, etc., 7149, 7150. Unsold publications of, 7105. Increase or diminution of documents al- lotted to, 7139. Official Gazette, 7093. Patent specifications and drawings, posit in, 754. Philippine government, distribution of public documents to, 7138. de- Reading matter for blind, transmitted free, 7384. - State and territorial, Ephemeris and Nautical Almanac, 7098. Pamphlet copies of statutes, 7071. PUBLIC LIBRARIES (Cont'd) State and territorial (Cont'd) Public documents and reports, 7022. Revised Statutes, 7070. Statutes at Large, 7072. Unbound publications, 7154. Time for designation of, to receive docu- ments extended, 7052. Uºf public documents deposited in, PUBLIC MINISTERS Jurisdiction of suits against, 1210, 1233(8). Mandamus, jurisdiction Of Supreme Court, 1211. Violence to, punishment, 7610. PUBLIC MONEY See Advances ; Appropriations ; Depos- $taries of Public Moneys ; Disbursing Officers ; Distraint ; Embezzlement ; Financial and Fiscal Agents ; Postal Revenues ; , Receivers ; Treasurer of United States. Accountants, etc., inaugurating new methods of business, no compensation unless authorized, 3227a. Accounts, 6616–6622. Disbursements under Army appropri- ation acts, 6619. Distinct of disbursements by appro- priations, 6618. Failure of officer to render, 10258. Publication (Const. art. 1, § 9, cl. 7). Receipts and expenditures, 356. Time for transmission, extension of, 6617a, Appendix p. 1781. Advances, appropriation for Department of Agriculture, 6649. Appropriation for forest service for fighting forest fires, 6650. Pay for naval service, 2841, 2847. Prohibited, exceptions, 6647. Subscriptions for publications, cultural Department, 6652. Foreign publications for engineer school, Washington may be paid for in advance, 6652b. Immigration service, 6651. Periodicals for executive depart- ments may be paid for in ad- vance, 6652c. Publications for quartermaster’s corps may be paid in advance, 6652a. Appropriations, 6671-6808. War and Navy Departments, drawn, 6746. Borrowing on credit of United States (Const. art. 1, § 8, cl. 2). Control of Treasurer of United States, when kept, 6578. Custodians failing to keep Safe, 10257. In depositories, 6615. Examination, 6653, 6654. Deposits, and payments into treasury, assistant treasurers, 6588, 6589, 6615. Certificates for deposits, 6564. By collectors and receivers to treas- urer and assistant treasurers, 6604. Contributions for co-operative work in forest investigations, 5145. Contributions for support of union of American Republics, 7680. Cost of replacing lost standards of weights and measures, 8902. Costs, Court of Customs Appeals, 1182. Deposit without deduction, 6606, 6611. By disbursing officers, 6612. Entry, 6642. Fees, clerk of United States Supreme Court, 1411. Clerks of circuit courts, 1401. Cº. of circuit courts of appeals, 1400. Clerks of district courts, 1414. Court of customs appeals, 1182. District attorneys, 1414, 1418. Prize cases, 8423. Excess by registers and receivers, 4477. 4 Agri- how etc., In Alaska, 4521. Marshals, 1414, 1418. Supreme Court States, 1393. Officers of United States court for China, 7695. Prize commissioners, 8423. Receivers, unearned, 4487. Ilists furnished with deposits, 4488. * Shipping commissioners, 8287, 8378. of United indicated.] PUBLIC MONEY (Cont'd) Deposits (Cont'd) Fines, penalties and forfeitures, cus- toms revenue cases, 5794. Mºhant Seamen shipping laws, Funds from transfer of military stores to Insular Department of the Phil- ippines, 1964. By marshals, district attorneys, etc., 6605, 6606, 6611. Moneys, arising from charges and de- ductions from gold , and silver bul- lion, etc., 6523. Moneys collected for timber depreda- tion, 4986. Moneys received, on account of for- est service, 5146. Neglect or refusal to deposit, ceedings, 6623. Paid to any depositary, when, 6605. Panama, Canal bonds, 6829a. Payments for death of passenger of vessel, 8011. - Pay officers receiving internal-reve- nue taxes or revenues to pay gross amount into Treasury, 5932. All amounts to be covered into treasury as internal revenue col- lections, 5933. Penalty for failure to pay over, 6632. Persons affected by provisions relat- ing to deposits, etc., 10260. Postal revenues, 6615. By postmasters, 7209, 7210. Privateer pension fund, 9092. Prize money, 8418. Proceeds from costs collected and cot- ton standard forms under cotton fu- tures tax act, 6309s. Proceeds from premiums and salvage in war risk insurance, 514.jj. Proceeds of customs duties, 6810(3). Proceeds of leases, by Secretary of Navy, 647a. Lands in national forests, 5141. Mesa Verde National Park, 5242. Wind Cave National Park, 5234. Proceeds of National Training School for Boys, 9401. Proceeds of sales, Alaskan coal land leases, 5078.j. Alaskan railroad and public land sales, etc., 3593c. Animals, 851. Cannon for experiments, Census records, 920. Commercial reports, 863. Condemned articles of food or drugs, 8726. Condemned insecticides or fungi- cides, Condemned materials of life-sav- ing service, 8466. Condemned stores of national guard covered into treasury, 3058. Condemned supplies, etc., of light- house service, 8451. Copies of card indexes and other publications of Library of Con- gress, 151. Copyright catalogues, 9578. Under customs laws, 5780. Documents waste, etc., in govern- ment printing office to be de- posited in treasury, 6985. Fur seal skins, etc., 8848, 8857. Indian lands, 4069. Lands for reservoirs for railroads in Indian lands for benefit of In- dians, 4189. Lands reverting to United States and water rights, 4719d. Material, 6609, 6610. Merchandise in public store, 5660. Military stores, 1959. Naval vessels and materials, 2785- pro- 3099. Old material and stores, 2785, 7642. Ordnance and stores, 3107, 3108. Pathological and Zoological speci- mens, 852. Photographic prints, etc., of Agri- cultural Department, 831, 832. Products or use of lands in na- tional forests, 5142, 5143. Public lands in general, 4695h. Skiris Of Seals killed on Pribilof Islands, 8848a. Stores for militia, 3061. Timber in national forests, 5127. GENERAL INDEX IPage 2275] [References are to sections, except where otherwise PUBLIC MONEY (Cont'd) Deposits (Cont'd) Proceeds of sales (Cont'd) Timber in Yosemite National Park, 5221. Timber killed or damaged by for- est fires, 4995, 4996. Unserviceable property furnished to militia, 3057. Useless papers in post offices, 7203. Vessels in slave trade, 10434. Vessels unsuited to needs of navy to be turned into treasury, 2787a. Wastepaper and condemned furni- ture by senate and house of rep- resentatives, 116. Receipts for deposits, 6615. . Receipts for support of commercial bureau of American Republics, 7683. Receipts from private messages over telephone lines controlled by Treas- ury Department, 6608. Receipts from private telegrams sent OVer Government line, 6607. Receipts from radiograms by govern- ment stations, 10.103(18). Receipts from sale by department of agriculture of samples of pure Su- gars, naval stores, microscopical specimens and other products, 832a. Receipts from sale of card indexes of department of agriculture, 830a. Receiving unauthorized deposits 10264. - Savings of seamen of navy, 2874. Seigniorage from coinage of silver bullion, 6547. Smithsonian Institution funds, 10581. Superintendents of mints to receive, etc., 6443. * Treasurer, 6615. |Unexpended balance of permanent ap- propriation for parting and refining bullion, 6691. United States Shipping Board, 81.46g. . Proceeds, 8146f. Unpaid money order funds, 7560. Disbursement of, appropriations for chair- itable, etc., purposes, 6669. {} Appropriations, necessity (Const. art. 1, § 9, cI. 7). Attorney-General’s opinion on title to property before expenditure, 1981. Compensation of, members of con- gress, 48, 80, 100; (Const. art. 1, § 6, cl. 1). Officers for services rendered ves- sels in domestic commerce, 8138. Construction of public buildings, 6927. Contingent expenses of Senate, 80. Entry, 6642. IExpenses for prisoners, 10520, 10520a. Extra allowance for officers having fixed salaries prohibited, 3234. Proceeds from Alaskan coal leases, 5078.j. Reclamation fund, 4714f. Sites for public buildings, 6907. Territorial, 3475. Distress warrant against delinquent offi- cers, 6624–6637, Double salaries, prohibition of use for, 3230a. . Drafts on, money in treasury and depos- itories subject to, of Treasurer, 6643. Regulations for presentment, 6644. Duplicates for lost, etc., disbursing offi- cers’ checks, or postal checks or War- rants, 6645. - Embezzlement, by persons in military service, 2308a, art. 94(9). By persons in naval service, 2975 (8). Exchange of restricted, 6655. Expenses of collection, transfer, etc., 6657, of, land Expenses of fiscal agents, 6657, 6658. Experts, etc., inaugurating new methods of business, no compensation unless au- thorized, 3227a. With Federal Reserve banks, 97.98. Fund for redemption of fractional cur- rency to be used for payment of pension arrears, 9099. Gas, District of Columbia, limitation on payments, 3331a. - Inspectors of Post-Office Department col- lecting, etc., to give bond, 7550 Investment of trust-funds, 6667. Irrigation project funds, 4713e. Judgment at return term, in Suits against persons accountable for, 1595. Medical and hospital Supplies, application of proceeds of sales, 1963. PUBLIC MONEY (Cont'd) Military academy apparatus, of profits of sale, 2278. Military stores, application of funds re- ceived from transfer to Insular Depart- ment of Philippines, 1964. Misappropriating postal funds, 10395. Money order funds, 7577. Naval Home, certain proceeds from turn- ed into naval pension fund, 9204a. Naval pension fund, certain funds from Naval Home turned into, 9204a. Naval petroleum fund, disposition of, 4637a. Payment by disbursing officers in settle- ment of transactions of engineering and medical departments, with other depart- ments, 6622a, 6622b. Payment of pressing obligations by dis- bursing officers where balance of | appropriation is insufficient, Engi- reer Department, 6622. Ordnance Department, 6621. Quartermaster’s Department, 6620. Payments from total available balances, 6614b, Appendix p. 1781. . Pay of soldier under suspended sentence for discharge, 2162a. Porto Rico, duties of treasurer, 3803eee. Not to be used for sectarian purpos- es, 3803a.a. Postal revenues, 7598–7609. Postal savings depository funds, laws for pºection of public money applicable, 7594. For postal service, how drawn, 6747. Postmaster-General may transfer, longing to his department, 6640. Postmasters to keep without loaning, us- ing, or exchanging, 7208. - Of Post-Office Department, accounts of to º, hept separate and in detail, 6641, be- At post-offices, quarterly accounts of, 7204-7206. Potomac park, lagoons, speedways, etc., not to be constructed unless authorized, 3361b. Premiums on, to be accounted for, 6656. Proceeds of sales of war supplies, 6941aa, Appendix p. 1784. Quartermaster Corps, duties of regimen- tal etc., Quartermasters, 1782. Quartermaster-General to account for, 1951, 1951a. Quartermaster’s supplies, available, 1952, 1952a. Restriction on expenditure for publicity expert, 3227. - Restriction on payment salaries of ap- pointees to fill vacancies, 3228. To be safely kept without using, ing, or exchanging, 6638. Signal corps, supplies, proceeds of, avail- able, 1957a. State import and export duties, payment into (Const. art. 1, § 10, cl. 2). Statements of money received from pro- ceeds of public property, 6744, 6745. sº publication (Const. art. 1, § 9, cl. 7). - Subject to draft of Treasurer of United States, 6582. - Transcripts from books of Treasury De- proceeds of, loan- partment as evidence, in suits #ºnst persons accountable for, Iºal of indictment for embezzling, Transfer, bureau of corporations, appro- priations to Federal Trade Commis- sion, 8836c. Entry, 6642. Expenses of, 6657, 6658. Postmaster General may, 6640. Secretary of Treasury may, 6639. Trust funds, 6667, 6668. - Aºntability for, 6614a, Appendix p. Disposition of funds received from foreign governments for United States citizens, 6668. Unclaimed money of deceased patients at Freedmen’s Hospital to be covered into treasury as miscellaneous receipts, 3978a. f Unlawfully using or depositing by public Officers, 6638, 6655. r For War and Navy Departments, how drawn, 6746. t Warrants, form of drawing and record- ing, 6748. disposition indicated.] PUBLIC MONEY (Cont'd) Withdrawal of public money, appropria- tion, necessity (Const. art. 1, § 9, cl. 7). PUBLIC, PARES See Parks. Sales of obsolete ordnance for, 3103. PUBLIC PRINTER See Government Printing Office; Pub- lic Printing and Binding. Absence, etc., chief clerk to act, 6991. Accounts, settlement of, 6986. Advancement of money to for work and material, 6984. - Advertisements, bids on paper, 6957. Contracts for lithographing and en- graving, 6969. Purchase of material other than paper without, 6966. Purchase of paper without, 6965. Pºlase of press Supplies without, For work of lithographing, 755. Annual reports of heads of executive de- partments, time for submission, 279, 279a. Appointment, 6971. Appointments by assistant to Superin- tendent of Documents, 7044. Chief clerk and foremen of printing and binding, 7007. Deputy, 6974. - Persons employed in department print- ing offices and binderies, 6987. Superintendent of documents, 7039. Aºtionment of documents to Congress, Blanks for orders for work in department printing offices to be prepared by, 6987. Bond, 6971. . - Certificate for payment of paper contrac- tor, 7003. Certificates of amount due from congress- men for printing extracts from congres- sional record, etc., 6995. - Chief clerk’s duties to be performed by deputy public printer, 6974. Comparison of paper with standards, 6961. Differences of opinion to be settled by joint committee on printing, 6962. Congressional record, furnished daily to Library of Congress, 7125. Furnished library of congress for ex- changes, 7126. : Furnished newspaper correspondents, Subscription price, 7090. Unbound copies reserved for membel i, of Congress, 6978. Control of department printing Offices. Control of office of superintendent of doc. uments, 7040. Copy of public documents to be delivered to Superintendent of Documents imme- diately upon publication, 7041. Debiting of cost of printing or binding for departments, etc., 7172. Delivery of documents to. Foreign lega- tions upon requisition, 7145. Departments and officers to be furnished with bills and resolutions, 7169. Deposit of receipts for certain printing in treasury, 6992. Deposit of réceipts from sales of docu- ments, waste, etc., in treasury, 6985. Deputy, qualifications, appointment, du- ties, 6974. - Salary, 6983. Disbursements for office of superintendent of documents to be made by, 7040 Disposition of proceeds of Sales of . Con- gressional record and directory, 7002. Distribution of copies of congressional record, etc., to governor-general of Philippines, 7047. Distribution of documents to Library of . Congress, 7026, 7027. Distribution of gratuitous copies of Con- gressional Record, 7090. r Distribution of publications not bearing congressional number, 7031. Distribution of public documents to be done by, 7171. Documents and reports to be furnished to person appointed to index President’s message, etc., 7089. Documents, foreign legations may be furnished with, 7145. Documents or reports not to be printed until illustrations and maps are ready, 7152. Duplicate orders for printing, order firº received to be filled, 7021. * GENERAL INDEX. PUBLIC PRINTER (Cont'd) Duties, 6972. Duties in connection with acquisition of Site for government printing office, 6913. Employment by, apprentices, 7015. Clerks, 7013. - Proof readers, laborers, etc., 7014. Skilled workmen, 7009. . Enforcement of eight hour law, 7012. Envelopes, for mailing congressional rec- ord furnished to congressmen, 6992. For public documents, printing on, Equipment for mailing public documents to be transferred to, 7171. . Estimates, additional clerks and ployés, 6983. Cost of blanks, books, etc., for money order business, 7557. - €ſſl– Cost of printing additional copies of | documents, etc., 7033. Cost of printing documents not pro- vided for by law, 7035. Cost of printing or binding for de- partments to be furnished by, 7172. Cost of publications of departments, etc., to be obtained from, 7166. Cº. of public documents to fix price, 7039. Expenses of government printing of- fice, 6980. Submitted to congress, 6982. Work previously ordered by Congress to accompany committee recommen- dation for printing or binding, 7174. Extracts from congressional record fur- nished congressmen, 6992. - Form and style of work for departments to be deternäined by, 7019. Franks for public documents furnished congressmen, 6992. Fºublic documents, printing upon, 6992, For seeds furnished agricultural de- partment, 6994. Fraud of, penalty, 6989. Government printing office library, posal of books, 7005. - Interest in contracts prohibited, 6990. Joint resolutions, copies for, 308. Laws, copies for, 308. Leaves of absence, regulations, to, 7017. Limit of wages to be paid by, 6998. List of employés furnished for official register, 7006. Mailing lists to be furnished to, 7171. Materials, accountability for, 6988. Furnished foremen of printing binding on requisitions, 6988. Wight work on public printing, 7011. \}rder for use of certain appropriations for salaries, etc., 7167. Orders for printing not to be acted upon after one year, 7152. Order upon for documents for depart- ments, 7169. - Pamphlet copies of statutes, number of copies to be delivered to Senate and House folding rooms, 7071. Paper furnished by contractors to be com- pared with standards, 6961. Pay of employés for Sunday work, 7001. Pay of printérs, etc., by hour in discre- tion of, 7000. - Postal conventions, copies for, 308. Power to abolish certain printing offices, 6987. - Precedence to be given libraries in bind- ing documents, 7022. - Private secretary, salary, 6983. Proceeds of sales of documents to be re- turned to, 7039. r º Public documents to be furnished only in accordance with law or instructions of heads of departments, 7171. Qualification, 6971, Registered mail. 7371. . Report of Secretary of Agriculture, il- lustrations to be executed under Super- vision of, 7054. Teports by, to Congress, 6987. To congress, cost of operating depart- mental offices, 6987. --- Cost of printing, paper, contracts, payments, etc., 6977. dis- etc., as and Number of documents printed and | books bound, 6973. Sales of congressional record and - directory, 7002. Of defaulting contractors, to &Ommittee on printing, 6963. To solicitor of Treasury, 6964. Disbursements in office of superin- tendent of documents, 7040. * joint [Reference [Page 2276] s are to sections, except where otherwise indicated.] PUBLIC PRINTER (Cont'd) Reports by (Cont'd) - Documents received and disposition of Same, 7039. - Foreign legations may be furnished with, 7145. - Number of copies, distribution, 7091. Salaries and expenses paid from cer- tain appropriations, 7167. Report to, of documents received by su- perintendent of documents and dispo- Sition of same, 7039. . Requisition upon, for bills and resolutions for departments, 7169. For binding for Senate library, 7160. For printing for departments to be filed with, 7163. - Reservation of unstitched documents and reports, 7022. . - Discontinued, 7023. Salaries in office of, 6983. Salary, 6971, 6983. - Sales by, condemned machinery, etc., 6975. cºressional record and directory, 02. - Duplicate plates, 7020. - Extra copies of documents, etc., 7004. Samples of paper for engraving and litho- graphing to be preserved by, 7003. Schedule of materials to be purchased to be prepared by, 6970. Statements of exports and imports fur- nished to, 871. Stationery, blank books, etc., gress to be furnished by, 7180. Superintendent of Documents to be pro- vided with office, storage and distrib- uting rooms, 7044. Supplies to be furnished departments, 6997 for Con- For department printing offices, 6987. Title, 6971. Treaties, copies for, 308. - Unbound publications for distribution to libraries to be supplied to superintend- ent of documents, 7154. - Wages of proof readers, laborers, etc., to be fixed by, 7014. *UBLIC PRINTING AND BINDING See Governºve?vt Printing Office ; Joirºt Coºnºmittee on Printing ; Public Prin- te?". Superintendent of docume?vts, see Sw- periºte?vdeºts. - General provisions, 6953-7187. Abridgment of president’s message and accompanying documents, preparation, number of copies, distribution, 7089. Annual estimates of appropriations, deficiencies, 6733. Annual List of Merchant Vessels of Unit- ed States, number of Copies, distribu- tion, 7084. . Appropriations to which charged, 7164, 7166 and Army, 6676aa, Appendix p. 1781. Army and Navy Registers, number of copies, distribution, 7080. - Army, etc., in time of actual hostilities, 6676a, 7159aa. Binding, appropriations to which charged, 7164, 7166. Other appropriations not to be used for, 6676. Bills and resolutions for Congress, 71.55. Books for Senate library, 7160. - Bulletin of Bureau of Education, 767. Commission on Industrial Relations, 89.14. . - - Committee reports, 71.56. * Congress, committee recommendation With estimate of cost and statement of public printer, 7174. . Congressional Record, 7090. Congressmen, style, 7181. - Department, etc., publications, 7153. Certificate of necessity, estimate of cost, requisition for, debiting of cost, 7172. Detail of employees to departments, restriction to Work of public print- ing and binding, 7016. Documents and reports, number. to be bound, 7022. Documents for departments, style, 715S Empioyment of laborers, etc., for, 7014 Estimates, 6674. Paper required, 6980. Eulogies of deceased Congressmen, style of, 7086. PUBLIC PRINTING (Cont'd) Binding (Cont'd) * Examining board to examine and re- port on material except paper, 6975. Foreman of, compensation, "7008. Form and style of work for depart- ments, 7019. Geological Survey monographs and bulletins, sale at cost, 7.151. Government printing office to do all binding for Congress and depart- ments, 7159. Index to statutes at large, 7119. Indian department work may be done at Indian Schools, 7161. Military Secretary’s Office, 6677. Neglect or delay to be remedied by joint committee on printing, 6955. Nºto be done without authority, O AND BINDING Number of documents and reports to be bound, 7022. Officers and assistants not to be inter- ested in contracts, 6990. - Official Register, number of copies, 7092. President, 7162. - Publications for distribution to li- braries, 71.54. Public documents, and reports, preced- ence to libraries, 7022. Sheep binding for certain docu- ments, 7022. - Public documents, extra copy for Philippine government, 7138. Public printer to do, for Superintend- ent of Documents, 7044. - Registered bonds and written records at Treasury department, 7157. Repeal of provisions respecting copies of . Specifications and drawings of patents, 7129. Report of books bound, 6973. Report of cost of printing, paper, con- tracts, payments, etc., '6977. Report of managers and inspectors of National Home for disabled volun- teer soldiers, 7133. Report of Surgeon General of public health service, 7136. Reports of Chiefs of Bureaus in ex- Çess of certain number, 7163. Reports of heads of départments in excess of certain number, 7163. Reports of Librarian of Congress, 7132. Reports, style of, 7053. Restrictions on use of ' appropriations for illustrations, etc., 7175. Standards of paper for, 6.957-6962, Supplement to Revised Statutes, num- ber of copies, 7108, 7110. “Usual number” of documents and re- ports to be bound, 7022. Blanks and , letter heads for judges and Court officials, printed, 71.78. Bonds, notes, checks, etc., 6556a. Bulletins, bi-monthly of Department of Labor, extra copies, 7107. Bureau of American Ethnology, size, Fish Commission, number of copies, distribution, 7063. Public health and marine hospital Service, number, editions, 7135. Surgeon general of army for instruc- tion of medical officers, publica- tion, 7135a. - 7135a, Appendix p. 1785, Bureau of Mines Publications, additional copies, 7142. - Limitation of editions, 7141. cºlºgue of government publications, 8. - Cº.; and Geodetic Survey publications, Committee hearings printed only when specifically ordered, 7153. , Compensation of certain operatives, 7000a, Appendix p. 1784. Compliments of officer sending documents not to be inserted in, 7095. Congress, appropriations to which charg- ed, 7164. - Bills, statutes, etc., distribution of bills and resolutions, 7025. Joint resolutions, 7025, 7155. Pamphlet copies of statutes and Statutes at Large as evidence, contents, 7073. Famº edition of session laws, 115 O. - Compensation of editors, 7117. GENERAL INDEX [Page 2277] [References are to sections, except where otherwise PUBLIC PRINTING AND BINDING (Cont'd) - Congress (Cont’d Bills (Cont'd) - - Pamphlet edition of session laws (Cont'd) Number of copies, distribution and sale, 71.16. Private bills, 7025. - Public and private, laws, postal conventions and treaties, 7029. Public bills, 7025. Resolutions, 7025. Revised statutes, perintendent for sale, 7114. Printing, binding, number of copies, distribution and sale, delivery to Su- of documents 7070. Statutes at large, delivery to su- perintendent of documents for sale, 7114. Index, printing, binding, and distribution, 7119. Marginal references to include number designating bills or resolutions, 7118. - Preparation, number of copies, distribution, 7072. Supplements to revised statutes, delivery to superintendent of documents for sale, 7114. Number of copies, 7070, 7108- 7113. - Preparation, publication, dis- tribution, effect as evidence, 7108–7113. Publication continued, 7112, 7113 Classification of publications, 7153. Committee recommendation with esti- mate of cost. and statement of pub- lic printer, 7174. Congressional record, daily copies to be furnished Library of Con- gress, 7027. Gratuitous distribution, subscrip- tion price, “usual number” not to be printed, 7090. Library of congress to receive. daily copies, 7125. Newspaper correspondent to re- ceive, 7124. Sale, disposition of proceeds, 7002. Distribution of congressional record, etc., to governor-general of Philip- pines, 7047. Documents, etc., for Congress in edi- tions, 7168. Documents for use of Congress, dis- tribution of copies to Library of Congress, 7027. Eulogies of deceased members, print- ing, binding, number of copies, dis- tribution, 7086. Journals, number and distribution of copies, 7030. Numbering of publications, 7153. Ordering printing of documents not already provided for, 7035. Power of committees to procure, 7032. Rºgations for printing in editions, 168. * Senate and House manuals, 7087. Congressional documents and reports re- printed by order of congressmen, 6992. Contracts for furnishing paper, 6.957-6964. Designation of time of performance, 960. Contracts for lithographing and engrav- ing, 6969. - Copyrights, not to be taken out on gov- ernment publications, 7020, 9523. Reproductions from duplicate plates sold to individuals, 7020. Departmental editions of publications, “usual number,” 7153. © . * - Departments, etc., certificate of necessity, estimate of cost, requisition for, debiting of cost, 7172. Form and style of work, 7019. Not to exceed appropriations, 7163. Restrictions on, 7176. Stationery, etc., 6676. Documents, delivered to President, 7162. - Fºnses by heads of departments, Extra copy for library of Philippine government, 7138. Increase or diminution of allotment for depositories, 7139. Not to be printed until illustrations and maps are ready, 7152. - PUBLIC PRINTING AND BINDHN (Cont'd) - Documents (Cont'd) Number of copies, allotment, 7053– - Sale of extra copies, 7004. Duplicate orders from Senate and House, Order first received to be filled, .7021. Bººners and Nautical Almanac, 7057, 7098. Estimates, 6674–6676. Cost of printing response to congres- Sional inquiries, 7035. Paper required, 6980. Extra copies, defined, 7034. Ordering, etc., of, 7033, 7034. ippine government, 7138. Geological Survey monographs and bulle- tins for sale or exchange, 7151. Geological Survey Publications, distribu- tion of unsold publications to public libraries, 7105. Government printing office to do all print- ing, binding, etc., for Congress and de- partments, 7159. .. Government publications, catalogue, 7048. Copyright, not subject to, 7020, 9523. Not printed at Government Printing Office, distribution to Library of Congress, 7028. - Hydrographic office, sale, 7147. Publications, 7163. - Surveys, report of naval officers and approval of Secretary of Navy, 7148. Illustrations, etc., restrictions on use of appropriations for, 7.175. Immigration commission documents, reprinting for sale, 7131. Index to statutes at large, printing, bind- ing and distribution, 7119. Indian department work may be done at Indian Schools, 7161. Internal-revenue stamps, 5556. Joint committee on printing, 6953-7174. Lapse of authority to print after two years, 7036. - Lithographing, etc., for Patent Office to be under direction of Commissioner of Patents, 7094. - Matter needed a second time to be Stereo- typed or electrotyped, 6979. charts, preparation, of copies, distribution, 7078. t- - Military Academy, 6676b, Appendix p. 1781. - For Military Secretary’s Office, 6677. National Guard, 6676aa, Appendix p. 1781. National monetary commission documents, reprint for sale, 7140. Neglect or delay to be remedied by joint committee on printing, 6955. Night work on, 7011. Notices to mariners, bulletins, Coast and Geodetic Survey, 7163. Not to be done without authority or ne- cessity, 7158, 7173. Observations of Naval Observatory, num- ber of copies, distribution of, 7058. Official Gazette, Patent Office, number of copies, distribution, 7093. Official Register, number of copies, dis- tribution, 7092. - Orders for printing not to be acted upon after one year, 7152. Other appropriations not to be used for, 6676. etc., of Pamphlet copies of patent laws, rules of practice, etc., 7093. Tatent decisions of Commissioner and courts, number of copies, etc., 7093. Patent Office, 7093, 7094. Patent specifications and drawings, num- ber of copies, distribution, 7093. Postal convention publications, 588. Post route maps, contracts, 7264. For President, 7162. - President’s message, printing in pamphlet form, number of copies, distribution, 7074. - - - Printing not bearing congressional num- ber, distribution of copies, 7031. Publications not bearing congressional number, distribution of, 7031. - Publications of office of Naval Intelli- gence, additional copies, 7165. Purchase of paper in open market on de- fault of contractor, 6963. - Quartermaster's Department, govern- ment printing office to do, except in emergency, 6856. 6856, Appendix p. 1783. Public documents for library of Phil- | Memoirs of Academy of Sciences, number indicated.] PUBLIC . PRINTING AND BINDING (Cont'd) - . - Report of cost of printing, tracts, payments, etc., 6977. eport of documents printed, 6973. Reports, 7053-7163. Academy of Sciences, number of copies, distribution, 7077. - American Historical Association, 7079. Additional copies, distribution, 7121. Board . Of Supervising Inspectors of Steam Vessels, printing of, upon rec- ommendation, etc., 7076. - Bureau of Animal Industry, number of copies, distribution, 7055. Bureau of Ethnology, printing num- ber of copies, distribution, 7061. Bureau of immigration, printing, num- ber of copies, distribution, 7137. Bureau of Statistics, 869. Chief of Engineers, number of copies, paper, COIl- 7075. Chief Signal Officer of War Depart- ment, usual number of copies to be printed, 7075. Chiefs of Bureaus and divisions, heads of departments to direct whether to be printed, 7163. Printing with index, 98.73. Civil Service Commission, number of copies, distribution, 7065. Coast and Geodetic Survey, number of copies, distribution, 7059. - Commercial Relations, number of cop- ies, allotment, 7060. Commissioner of education, number of copies, distribution, 7066. Commissioner of Fish and Fisheries, number of copies, distribution, 7062. Commissioner of Internal Revenue, usual number of copies to be print- ed, 7075. Commissioner of Labor, copies, distribution, 7068. - Commissioner of Patents, number of copies, distribution, 7093. Usual number of copies to be printed, 7075. Comptroller of Currency, copies, distribution, 7084. Consular, number of copies, distribu- tion, 7122. Contracts for carrying mails, printing of, upon recommendation, etc., 7076. Department of Agriculture, Agricul- tural Experiment Stations, co-opera- tive agricultural extension work, dis- tribution of copies, 8897a. Departments to Congress, copies, distribution, 7075. Director Geological Survey on mineral resources, pamphlet publication, lim- it of cost, 7101. Director of mint, increase in number of copies, distribution, 7123. Number of copies, distribution, number of number of Inumber of 7084. - - Diseases of Cattle, number of copies, sale, 7097. - Diseases of Horses, number of copies, allotment, 7054, 7097. Sale, 7097. - Field operations of Soils Division of Agricultural Department, number of º advance sheets, distribution, Fines and deductions in Post-Office Department, printing of, upon rec- Ommendation, etc., 7076. - Foreign relations, number of copies, allotment, 7060. - Geological Survey, additional copies of certain parts, distribution, 7103. On gauging of streams and utiliza- tion of Water resources, size, number of copies, distribution, 7102. - Mººrs and reports, distribution, 7150. Mineral resources, size, number of copies, distribution, etc., 7106. Monographs and bulletins to be published only on specific appro- priations, 7149. Number of copies, distribution, 7067. - - Government Directors of Union Pa- cific Railways, number of copies, dis- tribution, 7085. - - Heads of departments, number of cop- ies, binding, 7163. Health Officer of District of Columbia, number of copies, distribution, 7064. GENERAI, INDEX PUBLIC PRINTING AND (Cont'd) Reports (Cont'd) ! . - Improvement and care of public build- ings, etc., in District of Columbia, number of copies, etc., 7100. - Interstate Commerce Commision, num- ber of copies, distribution, 7069. Librarian of Congress, printing, bind- ing, number of copies, etc., 7132. Managers and inspectors f of National Home for disabled volunteer soldiers, printing, binding, number of copies, distribution, 7133. Mississippi River Commission, ing with index, 9873. Monthly crop report, 7163. Not to be printed until illustrations and maps are ready, 7152. Not to be printed without recommen- dation, etc., 7076. Postmaster-General, 604. Public printer, number of copies, dis- tribution, 7091. . River and harbor improvements, 9866. Printing with index, 98.73. Secretary of Agriculture, division into parts, printing, number of copies, al- lotment, 7054. Secretary of Treasury, copies, distribution, 7084. Smithsonian Institution, copies, distribution, 7081. State Department, 7024. Surgeon General of public health serv- ice, printing, binding, number of copies, distribution, 7136. Treasurer’s report of accounts ren- dered and settled with Comptroller printing of, upon recommendation, etc., 7076. - ** Treasury Department, number of cop. ies, distribution, 7084. United States commissioner on indus- trial relations, distribution, 7107a. Weather bureau, number of copies, distribution, 7056. Report to congress, account of receipts for certain printing, 6992. Requests for reprinting to be required to cite specific authority for same, 6956. Reservation of unstitched documents an reports discontinued, 7023. - Roller and power presses, 6555, 6556. Sale of duplicate plates, 7020. Senate and House documents, 7024. Standards of paper for, 6.957-6962. Statement of appropriations, number of copies, 7130. - Statistical Abstract of the United States, number of copies, distribution, 7082. Stereotyping and electrotyping, 6979. For Superintendent of Documents, 7044. Supplies, etc., estimates of by foremen of printing and binding, 6988. Samples of paper for engraving and lithographing, 7003. Tests of Iron and Steel, number of copies, distribution, 7083. United States notes, etc., 6551–6556. ‘‘Usual number,” 7022. Weather Bureau, 845a. PUBLIC PROPERTY BINDING print- number of Inumber of Special printing office, See Embezzlement ; Hawaii ; Ord- 71,071, Ce Pºblio Buildings a??d Grownds ; Public Lands ; Public Moneys ; Public Works. . Appraisers of property taken for use of United States, see Appraisers. General provisions, 6941-6952. Accounts of by officers of house of repre- sentatives and senate, 105. Agricultural Department, care of, 817. . Sale of condemned property, 831. Arms for departments to protect, 3093. Arms for militia, 3056, 3057. Buying from persons in naval service, 2975(9). Conspiracy to take property of United States, 10170. - - Custody of property acquired for debts, by solicitor of treasury, 6946. . Destruction, punishment, 2969(10, 11). Embezzlement, larceny or wrongful sale, by persons in military service, 2308a, art. 94(9). - By persons in naval service, 2975 (8). Executive Mansion, custody and inventory of, 231. . . custody and Forms for returns of, 408. * - General land office, custody of, 700. IPage 2278] [References are to sections, except where otherwise PUBLIC PROPERTY (Cont'd) Inventories by heads of executive depart- ments, 280. - . Postmaster-General, 586. Lands conveyed to individuals for United States, 6949. Laws for protection of extended to Smith- | sonian Institution, 10581. Lease by secretary of war of property not required for public use, 6944 Losses of, certified, 439, 440. LOW grounds in Washington, D. C., con- veyances of, 6945. Malicious destruction by soldiers, 2308a, art. 89. Navy department, custody of, 617. | Police powers of masters of lighthouse tenders, 8458. Porto Rico transferred to insular gov- ernment, 38030. Postoffice department, sale, proceeds, 75.99. deposit of In postoffices, responsibility for safe keep- ing, 7.195. Preservation and sale of abandoned prop- erty, 6952. Purchase by certain officers forbidden, 377. Purchasing unlawfully, by person not in military or naval service, etc., 6411. Record of, to be kept by postmasters, 7202. Release from attachmerit, 6950, 6951. Returns of, 441. - Sale, ºceeds paid into Treasury, 6609, 10. - Property acquired for war purpos- es, 6941a. Solicitor of Treasury, custody, etc., of property taken for debts, 6946. May rent or sell unproductive, 6942. - Release of lands conveyed to United States when debt is paid, 6947. State Department, custody and charge of by Secretary of State, 301. Separate from Book of Estimates, 6743. Statement of proceeds of sales, in book of estimates, 6742. Statements, of money received from pro- º of, and of payments therefrom, Surplus of dissolved Federal banks to be property of United States, 9791(2). Uniforms and equipments, sale, etc., pro- hibited, 6941. - TJnproductive lands or property for debts, rent or sale of, 2 W. Department, custody and charge of, Waste, punishment, 2969(15). PUBLIC SERVICE COMMISSIONS Porto Rico, 3803kk, 3803p, 3803pp. PUBLIC STOCKS See Uſºvited States Bonds. Pl]]BLIC STORES See Boºded Warehouses. PUBLIC UTILITIES State, income tax not to affect, 6336KIb]. PUBLIC WESSELS See Vessels. Entry and report not required, 5488. PUBLIC WORKS See Public Buildings and, Grounds ; Pºblic Co??tracts. - Irrigation works, see Desert Lands. River and harbor improvements, see Rivers and Harbors. & General provisions, 6900-6940. - Acquisition of land for fortifications and coast defenses, 6911. - Army officers not to be employed on, 1995. Army service, extra pay, 2158 Bonds of contractors, 6923. - Contracts for works of defense, etc., 6860. etc., Contracts not to exceed appropriations, Estimates, lump Sum appropriations, statements, exceptions, 6740. Hours of labor, 8918-8922a. - Liquidated damages for delay, stipulation for in contracts, 6922. In Porto Rico, 3803f. r River and harbor improvements, 9863-9908. Secretary of War to require separate pro- posals and contracts for each work, and each class of material, etc., 6858. Sites for forts to include land for artillery barracks and quarters, 6912. Wages for Övertime, 8922a. PUBLIC WORKS ACT See Public Works. Bonds of contractors, 6923. acquired indicated.] PUBLISHERS See Newspapers. - Contract for delivery of papers, etc., by route-agents, 7340. : Note, §: of non-delivery of publications, 7350. - Of refusal to take paper, etc., 7338. Postage on papers and periodicals sent by others than, 7361. - - Postage on second class matter mailed by, 7358. - Return to, of uncalled-for newspapers, etc., 7423. PUEBELO RESERVATION . . . Introduction of wine for 'sacramental pur- poses, not unlawful, 4139. PUGNET SOUND * . Canal connecting with Lake Washington, 9904–9906. - PULP . Customs duties on, 52910320-332). PULP WOOD Exportation from Alaska, 5093. PUNISHMENT - See Criminal Procedure ; Penalties ; Forfeitures. For violation of Chinese eacclusion laws, see China ; Chinese. Consular courts, powers of, 7646-7649. Militia courts-martial, 3049b–3049g. Navy, Summary courts-martial, 2998. Persons in states to be subject to like, and to no other, 3925. Revenue-cutter service, 8459%b(59, 60). Seamen, recorded in log-book, 8036. PUNITIVE DAMAGES See Daſmº ages. PURCHASES See Contracts : Public Contracts, Pur- chasing Agents : Sales. Paper for public printing and binding, see Pºwblic Printing and Binding. : Supplies for navy, see Naval Supplies. Fiºves and | PURCHASHING AGENTS Post-Office Department, advertisement for bids, 579. Appointment, 579. Bids, filing and preservation of, 579. Bonds, 579. - Contracts for supplies, award of, 579. Duties, 579 Preference of articles of domestic pro- duction and manufacture, 579. Purchases in name of postmaster gen- eral, 579. Record of bids for supplies, 579. Records open to inspection, 579. Removal by President, 579. Reports to postmaster general, 579. Salary, 579. Supervision of purchase of supplies for postal service, 579. Supreme Court Reports for, 1203. Term of Office, 579. Public printers’ office, 6983. PURE FOOD AND DRUGS ACT * See Drugs ; Food. Text of act, 8717-8728. PURSERS Accounts of, lost or captured vessels, how Settled, 455. Deportation of aliens, 4289%j. QUAPAW INDIAN AGENCY Provision relating to actions for allot- * in severalty not applicable to, 4214. QUARANTINE See Animals and Animal Industry : Plaºvts. Appropriations, temporary rented quar- ters, availability, 6936. - Co-operation of Public Health Service with state and municipal boards of health in enforcing, 9158. Duties of Surgeon-general of Public Health Service, 9159. Grounds and anchorages, establishment, 9164. Hawaii, 3733. Immigration and importation suspended in case of epidemic, 9162. Indians afflicted with contagious and in- fectious diseases, 4125b. Medical officers to administer oaths, 9166. Penalty for entry of vessels jn violation of laws, 9156. - Philippines, United States laws applica- ble, 3905. . Porto Rico, 3757. GENERAL INDEX [References are to sections, except where otherwise indicated.] QUARANTINE (Cont'd) Report of expenditures for prevention of epidemics, 9173. State laws, to be observed by United States officers, 9150. ..., States and territories at time of epidem- ic, 9176–9178. Stations, acquisition from States, 9171. Attendants, 9189a, Appendix p. 1798. Custody transferred from other de- ºments to Secretary of Treasury, 168. - Establishment and control, 9167. Jurisdiction over ceded by states, 9172. Notice of establishment, buildings, 9169. Report of number and cost, etc., 6940. Transferred by states to United States, 91.63. - - Trespass upon reservations, penalty, 9175. Vessels, arriving without bill of health, 165. Bill of health of vessel clearing from foreign port, 9157. - Discharge of cargo, 9151. Entry of vessels or merchandise sub- ject to, 9154. |From foreign port subject to state laws, 9155. Inited sent to quarantine Stations, 161. Inspection on arrival at station, 91.60. Navy vessels, used for quarantine purposes, 9174. Unauthorized entry or departure, 9170. Warehouses at, 9152, 9153. Warehouses for merchandise in quaran- tine, 9152. QUARANTINE ACTS See Qwarantine. • Text of act, 9156-9172. QUARRELS * - Army officers to quell, 2308a, art. 68. QUARRIES See Child Labor. Census, 4385. ‘What to include, 4387. - Investigation of explosions and fires in, 31.15%jj, 31.15%k. ! - Rights of way, canals, etc., 4946. Tramroads, etc., 4943. - QUARTERMASTER CORPS See Master Electricians ; Qwartermas- ter-General ; Qwartermaster-Geºver- al’s Department ; Quartermasters ; Q^lartermaster-Sergeants. Advances for publication Subscriptions, 6652a. - Appropriation available for payment of claims for damages from military oper- ations in France, etc., 335il. Chief of Staff to have supervision, 1779. Civilian employés and enlisted men, 1780, 1780a. r Contracts for supplies, reduction to WTit- ing, 6853b. Disbursements, by other officers as agents of, 1784a. * P..# enlisted men in national guard, V. Disbursing officers, valuation of foreign moneys paid out by, 2205a, Appendix p. 1759. - Engineers, mounted battalion, assignment to, 1724a. - Enlisted men, pay and allowances, 1788b. Enlisted strength, 1784, 1788b. Establishment, by consolidation of de- partments, 1779. - . Field clerks, civil relief, 3078%a-3078% ss. Pay and allowances, 1788c. Qualifications, 1788c. Subject to articles of war, 1788c. General appropriations, Quartermaster Corps, 1950a, Appendix p. 1754. Military instruction camps, issuance of Supplies to, 1963d. Navy, clerks, additional number, 2554bb, Appendix p. 1763. h - Officers, Chief of Corps, 1779. Chief of corps, title changed to quar- termaster general, 1779a. Duties, 1784. - - To be performed by regimental, etc., quartermasters and com- missaries, 1779. Pay clerks, 1779, 1783. Appointment as ancies, 1784. Rank, pay and allowances, 1784. Rank and titles, 1779, 1779a. Vacancies, 1779. Second lieuten- º [Page 227.91 QUARTERMASTER CORPS (Cont'd) Part of regular army, 1717a. Proceeds derived from sales of surplus cuttings of material for clothing de- posited to credit of appropriation, 6609a. Quartermaster Sergeant, pay, 2144a. Regimental, etc., quartermasters and commissaries to perform duties of Offi- cers of Corps, 1782. Regular army composed in part of, 1717a. Supplies, issuance to military instruction Camps, 1963d. Veterinary corps, assignment to, 1724a. Waiver of bond, 1966a. QUARTERMASTER-GENERAL See Qwartermaster Corps ; 7master’s Departmvent. Qwarter- Absence, performance of duties during, 1996. Accounting for military supplies and public moneys, 1951, 1951a. Allowance of claims for stores, 469-471. Assistants to, 1784. - Board of commissioners of United States soldiers’ home, 92.15, 92.16. - Chief of quartermaster corps, formerly known as, 1779a. - Cost of transportation to procure artifi- cial limbs for disabled soldiers, etc., to be furnished by, 9.125, 9127. Liabilities, money or property in hands of subordinates, 1966. National cemeteries, register of burials to be kept at Office of, 9371. - - Quartermaster Corps established by Con- solidation of Offices, 1779. |Rank, 1784. Reduction of contracts to writing, regu- lations, 6853b. Returns of clothing and camp-equipage, Returns of public property, 439, 440. Sales of q{1artermaster property to offi- cers of navy and marine corps, 1954b. QUARTERMASTER GENERAL'S DE- PARTMENT See Quartermaster Corps. Chief clerk, salary, 314. QUARTERMASTERS - See Qwartermaster Corps ; Qwarter- "naster-General ; Qwartermaster-Gen- eral’s Department ; Qwartermaster’s Department ; Quartermaster-Ser- geants. Assignment of retired officers to active duty as acting quartermasters, 2078a. Assistant to perform commissary’s du- ties, 1790. . - Claims, jurisdiction of Court of Claims, 1136(3). Decrees on accounts of, 1138. Marine Corps, assistant, 2911. Clerks, increased compensation foreign shore service, 2929b. Number, increase, 2918b. Staff, 2906. - Military academy, for cadets, 2218. Navy, Marine Corps, 2913. Marine Corps, assistant, 2913. Pay, 2089. Regimental, OIl battalion and squadron, to perform duties of Officers of Quarter- master Corps, 1779, 1782. TJniforms, etc., in possession of unau- thorized person to be delivered to, 6941. QUARTERMASTER'S DEPARTMENT See Quartermaster Corps ; Qwarter- master-General ; Qwarterm Cºsters ; (Qºwartermaster-Sergeants. Aºunts, examination of by Auditor, 419, Advertisement for supplies for, 6845. Appropriations for, not to be used in payment of extra-duty pay for Army service men at West Point, 6767. Buildings, contract for construction, 1982. Chief of Staff to have supervision, 1763. Composition, 1784. Disposition of effects of deceased per- sons subject to military law, 2308a, art. 112, Appendix p. 1760. Estimates of expenditures for military posts, 1982. - Exchange of labor saving machines, etc., 1972a. - Insane persons to be committed to insane hospital, 9301. Marine COrps, Citizens attending 52C. Senior grade officers to have rank of brigadier general, 2907b. sale of uniforms, etc., to training camps, QUARTERMASTER’S DEPARTMENT (Cont'd) Number of officers, 1786. Officers, bonds, 1966, 1966a. Duties, 1789. Not to trade, 1950. Order and purchasing clerk at military academy, retirement, 2273a, Appendix p. 1759. Part of army, 1717. Payment of pressing obligations by dis- bursing officers, where balance of ap- propriation is insufficient, adjustment of accounts, 6620. - Printing for, 6856. 6856, Appendix p. 1783. Promotion, 1905. - Purchase and transportation of supplies, 21. Purchases of horses for cavalry, artillery, etc., 6848. - Pºsses of horses, Wagons, etc., by, Quartermaster Corps established by con- solidation of departments, 1779. Re-enlistment in time of hostilities, age limit, 1891. Bounties, 1891. Rºns of clothing and camp-equipage, Superintendent of Antietam battle field to be under, 9368, - ſº Supplies, preference to domestic manufac- turers, 6845. - - Supplies to naval and marine detach- ments, 1781. Transportation for national museum or for other civil or naval departments, 1792. Transportation of chaplains in army, 1868. Veterinarians, 1785. - QUARTERMASTER-SERGEANTS See Quartermaster’s Departmvent. Appointment, 1788a. Artillery, coast artillery company, 1732. Field artillery, 1737, 2144. Pay, 2150. Corps of Engineers, 1842. Engineer detachment at military acade- my, 2274. - Infantry, company, 1738. Pay, 51. Marine Corps, 2908, 2911, 2913, 2918. Increase in number, 2918b, 2918C. Number, 1784. - Officers of Quartermaster Corps, 1779. Pay, 2144, 2144a. 2144a, Appendix p. 1759. - Post quartermaster sergeants, 1784, 1787, 1788 - Qualifications, 1788a. Quartermaster corps, pay, 2144a. QUARTERS - Absence from, without leave, punishment, 2308a, art. 61. - - Allowances to army officers, 2115, 2118- 2118C, 2121–2123, 2126, 2131. 21.18aa, Appendix p. 1758. Officers in Canal Zone, 2118d, Appen- dix p. 1758. - Allowance to chapel organist and choir- master at military academy, 22192. Civilian instructors at military academy, 2207a, Appendix p. 1759. Contracts for limited to necessities of current year, 6884, 6885. Enlisted men, army, 21.18aa, Appendix p. 1758. Regular Army Reserve, 21.18aa, Ap- pendix p. 1758. - Government employés, computation of monthly pay in case of injury, 8932ff. Marine corps, assignment, 2851a.a., Ap- pendix p. 1765. - Cºutation. 2851aa, Appendix p. 1765. Militia officers, 3068. Naval staff officers, 2681. Navy, assignment, 2851aa, 285.1aa, 6761a, Appendix p. 765. - Commutation, Submarine officers, p. 1781. Warrant officers, 2708. - - Nurse Corps, Army, 21.18aa, Appendix p. 1758. Commutation of, 2519, 25192. Retired enlisted men on active duty, 21.18aa, Appendix p. 1758. - - Soldiers, restrictions regarding private. dwellings (Const. am. 3). Appendix p. Appendix GENERAL INDEX glūARTERS (Cont'd) - Superintendents of national cemeteries to be furnished, 9367. Unauthorized Contracts 6884, 6885. QUARTZ MILL Owner of, not owning mine, patent for mill-site, 4645. QUESTIONS FOR JURY See Evidence. QUIETING TITLE Absent defendants, 1039. Public lands in Alaska, 5091. Coal lands, 5073. QUITAM ACTIONS Fines, penalties, and forfeitures under for prohibited, Informers, when alone liable to clerk, marshal, and attorney, for fees of pros- ecution, 1617. Plaintiff, when costs, 1616. QUIT CHLAIM liable for defendant’s Saline lands, 4752. QUORUM s: - American National Red Cross, 7701. Board of commissioners of Soldiers’ Home, 92.15. . - Board of managers of National Home for Disabled Volunteer Soldiers, 92.41. Board" of regents of Smithsonian Institu- tion, 10568. . Capital Issues Committee, 31.15%kk. Circuit courts of appeals, 1108. Congress, majority constitutes (Const. art. 1, § 5, cl. 1). - Court of Claims, 1129. Court of Customs Appeals, 1179. Directors of War Finance Corporation, 31.15%b. Federal Advisory council, 9795(1). House of representatives, choosing pres- ident (Const. art. 2, § 1); (Am. 12). Senate, choosing vice president (Const. art. 2, § 1); (Am. 12). Supreme court, 1191. Adjournment for want of, 1208. RACE Elections, 3966. In homestead laws, 4591. Territorial elections, 3449. Equal rights in inns, conveyances, thea- ters, etc., without regard to, 3926-3930. Jurors not disqualified by reason of, 1255, 3929. RACTES - See Horse RaceS. RADIO –COMMUNICATIONS ACTS See Radiotelegraphs. Text of act, 8262-8265, 10100–10109. RADIO SERGEANTS Coast artillery, number, 1731a. Pay, 2144a. 2144a, Appendix p. 1759. RADIO SYSTEMS Federal control of, 31.15% x, Appendix p. 1772. - - JRADIOTELEGRAPHIS General provisions, 10100-10109. Apparatus on vessels, 8262–8266. Efficiency for exchange of messages § stations using other systems, 8263. - Ocean going vessels, auxiliary power, supply, etc., wireless apparatus, master of vessel to have control, penalty, 8262. - Operators, substitute for second oper- ator on cargo steamers on Great Lakes, 8266. Secretary of Commerce to make regu- lations to secure execution of act, 8265. Time of taking effect of act relating to, 8266. • . - Vessels not required to have, 8262: Censorship, 31.15%b (d). - Collection of forwarding charges due con- necting radio companies for transfers of government radiograms, 10078a. Commercial business by government sta- tions, 10.103 (18). Division of time between government and commercial stations, 10.103 (12, 13). Inter communications, 10.103 (11). Internal revenue tax on - amount, 6309%a. Computation, 6309%b. - Exemptions, 6309%b, 6309%C., naessages, Imay have [Page 22801 RADIOTELEGRAPHS (Cont'd) Internal revenue tax on (Cont'd) messages, Returns by persons, etc., subject to, 630.9%d. By whom payable, 6309%b. Jurisdiction of offenses, 10108. License, 10100. - Conditions, 10101. Form of, 10101. - Persons entitled to, 10101. Regulations, 10101. Revocation, 10.103. Temporary, for 10.103. Naval and military stations, 10.103. experiments, etc., 10.103(18). - - Temporary permit, 10102. Obtaining information concerning, 10212a. Panama Canal, 10042. . Pºine Islands, act not applicable to, Possession of wireless apparatus by alien enemies, 7615. Private stations, general restrictions on, 10.103(15). Special restrictions in vicinities of government stations, 10.103(16). Radio communication defined, 10.105. Regulations, 10.103. As Common carriers, Distress signals, 10.103. Enforcement, 10.103. Waiver, 10.103. Wave lengths, 10.103. Restriction of use on foreign ships, 10107. Right of way for distress signals, 10103(9). - Secrecy of message, 10.103 (19). Ships to communicate with nearest shore stations, 10.103 (17). . Stations, site for, 2804a. Steam passenger vessels, gasoline may be carried to supply, 8242. Uttering or transmitting false or fraud- ulent signals, etc., punishment, 10106. Willful or malicious interference with radio-communication, punishment, 10104. RAFTS tº: Saving apparatus, requirement Of, 58. 8563. Rules for preventing collisions, harbors, rivers and inland waters, lights, 7882. Red River of the North and rivers jºins into the Gulf of Mexico, 54. . St. Lawrence river, lights, 7917. TRAIL Protection, 8837. RAILROAD LAND GRANT FORFEH- TURE ACT See Forfeitwºres. Text of act, 4905, 4906, 4908, 4913. RAHILROAD RATE ACT See Common Carriers. - Text of act, 8563, 8569, 8579, 8582-8585, 8592, 8596, 8597, 8604a, 8604aa. | RAILROAD RIGHT OF WAY ACTS See Rights of Way. Text of act, 4181-4188, 4921-4926. RAILROADS See Com/mon Carriers ; Interstate Corn- | merce Coqmºmission ; Land Gºrdºvts.: Panama Railroad ; Railway Service ; Rights of Way : Tram- roads and Tranmºways ; Transporta- tion ; Union Pacific Railroad; West- erm Pacific Railroad. Regulations as to foreign com/merce, see Foreign, Convºlver:ce. General provisions, 10055–10071. Accidents, report of, 8637, 8642-8646. Agents, posting of names of, 8569. Alaska, 3593a–3593d, 5084, 5087-5090. - Coal lands, restriction on lease of, 5078c. . - Alien enemies not to be found within One hundred yards of depot yards, termi- nals, etc., 7615. - Arbitration of controversies With em- ployés, 8666-8676. Bills of lading, 8604a–8604w. Branch lines, aiding in construction of, not violation of Anti-trust laws, 8835g. Bridges over navigable waters, notice to alter obstruction to navigation, penalty for failure, appeal to Su- preme court, 9970. - - New stations near government stations internal-revenue laws, authorized, 5937. - Mail || [References are to sections, except where otherwise indicated.] [RAILROADS (Cont'd) Bridges over navigable waters (Cont'd) Obstructions to navigation to be rem- edied, 9969. . - + Bridges, use by other railroads, 9963. Cars, etc., not subject to forfeiture for unintentional smuggling, 5765. - Cars and engines lost in military service, how paid, 6396, 6401. - Permanent appropriations for payment for those lost in military Service, 6799 (34). . Cars, seals, unlawfully breaking, 8603. Car service, 8563(8). . cºee clause (Const. art. 1, § 8, Cl. 3). Commissioners, pay, corporations receiv- ing land-grants, etc., from United States, liable for, 10059. Commission to investigate relations be- tween carriers and employés, 8680b. Common carriers, railroads subject to regulations of, 8563. . - Competing water lines not to be OWned, leased, etc., by, 8567. Competition, fact of to be determined by Interstate Commerce Commission, 8568. Connections with other roads, 10058. Union Pacific and branches, 10056. Control by president in time of War, 1974a. Corporations not entitled to voluntary bankruptcy, 9588. Defined, 8563, 8630, 8677. - - Dock connections with water carriers, 8569. . Equipment, 8605-8650. Application of law to all vehicles, 86.16. . - Ash pans, locomotives to be equipped with safety ash pan, 8624-8629. Assumption of risk by employés, 8612: Automatic couplers, 8606, 8613, 8620. Block signal systems and appliances for automatic control of trains, 8640. Boiler of locomotive, 8631-8639a. 8632, 8633, Appendix p. 1794. Brakes, 8605, 8607, 8610-8614, 8620.’ . Number of cars to be operated by train brakes, 8614. - Omission of hand brakes. On cars for hauling long commodities, 86.18. - Chains instead of draw bars, 8621, 2. Death or injury of employee, for, 8621, 8622. Draw bars, chains in place of, 8621, , 8622. - Stańdard height, 8619. Determination, 8609, 8619. Employees defined, 8630 e Enforcement of law, 8616. Foreign commerce defined, 8647. Grab irons, 8608, 8613, 86.18. - Hauling cars for repairs, 8621, , 8622. Inspection, etc., of locomotive boilers, 8631-8639p. 8632, 8633, Appendix p. 1794. Inspectors for enforcement of law, 86.16. liability Interstate Commerce Commission, to designate appliances, 8619. -- Enforcement of law, 8622, 8623, 8626, 8627. - g Extension of period for compliance with law, 8619, 8620. & Interstate commerce defined, 8647. Penalties, failure to equip, 8610, 8614, 86.19, 8621, 8622, 8626. . . Inspection of boilers, 8638. Railroad defined, 8630. Receivers, 8628. Report of accidents, 8637, 8642-8646. Territories and District of Columbia, 8613, 8625, 8630. . Time for, S611, 8619. - Use of cars not equipped unlawful, 8605, 8618. - * Exemption from customs fees, when trans- porting imports in bond through for- eign territory, 5692. Federal control, 1974a, 31.15%a-31.15% p. Foreign, use of ferryboats between Unit- ed States ports, 8123. Free transportation for officers and em- ployés, 8595. - Government aided, foreclosure of liens, 10070. Government directors, 10059. Payment for transportation, 10066, 10066a. army, 10066, Appendix p. 1799. GENERAL INDEX [Page 22811 LReferences are to sections, except where otherwise indicated.] RAILROADS (Cont'd) Government aided (Cont'd) ..., - Payment for transportation (Cont'd) Indian goods and supplies, 10067. Pºy or troops, prohibited, - Pºtion of liens of United States, Telegraph lines, 10080-10086. Withholding payments by Secretary of Treasury, 10060. º Suit in Court of Claims, 10068. Hours of service of employés, 8677-8680. Accidents and wrecks, 8679. Penalties, 8679. - Wages to be computed on eight hour day, 8680a-86806. * - Importation of iron under bond for re- manufacture, 5725. - Indemnity from connecting carriers caus- ing loss, 8604a.a. . - Injuries to employés, 8657, 8658. Assumption of risk, 8660. Causes not to be removed to district court, 1010. . Contributory negligence, 8658. Limitation of actions, 8662. Limitation of liability, 8661. Survival of right of action, 8665. Interstate communication, 10058. Investigation and testing by Interstate Commerce Commission of appliances, 8640, 8641. Land grants, see Land Grants. - Larceny of property from cars, stations, etc., 8603. " - - . - - Medals of honor 8650. - Monopolies, aiding in construction of branch or short lines, not unlawful, 8835g. . - - National cemetery roads, etc., not to be encroached upon, 9378. 9378, Appendix p. 1798. . New roads, consent of state, 10058. Notice to, of live stock quarantine, 8701. Obstruction, 8563(9). - - Obtaining information concerning, 10212a. Pacific railroads, collection of percentage of net earnings due United States, 10061. - Denver Pacific, Pacific, 10057. . Government directors of, 10059. Liens and mortgages, redemption, foreclosure, etc., 10070. for saving of life, 8848- extension of Kansas Refusai to operate as continuous line, . etc., 10057. - Service of process, 10057. . Settlement of accounts, Army trans- portation service, etc., 10062. Credit on notes, 10064. Navy and Marine Corps transpor- tation, etc., 10063. Sinking fund, investment, 10071. Union Pacific, bankruptcy law not to apply, 10055 Books, etc., open to inspection, 100.55. Connections, with other roads, 10056 Discriminations, 10057. Mandamus to compel operation of road, 10069. .. . Refusal to operate roads as Con- tinuous line or afford equal facilities, etc., penalty, damages, 10057. - Stocks, mortgages, etc., 10055. Unauthorized dividends, 10055. Panama, railroad, release to as condition to recovery under Employés Com- pensation Act, 8932u. - - . Subsidy to United States, discontinu- ance, 10052. . . Philippines, bonds guaranteed by insular government, 3909. - Material admitted free of duty, 3910. JPipe lines under line of railroad, 4192. Porto Rico, franchises, 3782. - Possession by president in time of. War, a. Rºyers, restriction on reducing wages, 74. Removal of causes, 1010. Reports and information to Interstate Commerce Commission, 8952. * Reports of accidents, 8637, 8642-8646. Of construction, operation, etc., Bureau of Foreign and Domestic Commerce, 883. Rights of way, Alaska, 5083-5090. Arizona lands Subject, 4932. by | | RAILROADS (Cont'd) Rights of way (Cont'd) - Canyons, to several railroads, effect On Wagon roads and highways, 4922. Condemnation of land, 4923. Exceptions of military parks, - 4925. - Forest reservations, 4945. Forfeiture, 4924, 4927, 4928. Glacier National Park, 5247. Grant, 4921. Hawaii National Park, 5249]<. Indian lands, 4181-4190, 4192. Maps, filing, 4924, 4931. . Materials for construction, 4921. Mount Rainier National Park, 5224. Oklahoma, 5020. Lands subject, 4932. - Reserved lands in Minnesota, 4931. Reservoir sites, 4945. * * Rocky Mountain National Park, 5249b. |Existing ways not affected, 5249b. Several roads through canyons, etc., grade crossings, 4922. . Sierra. Forest Reserve, 5214. Stations, 4921, 4929. . Time for establishment, penalty, etc., 4930. Transfers for, by homestead settlers, 4535. Width, 4921. ... • Sale of lands adjacent to railroads, price, 4757–4759, 4761, 4762. . Stocks and bonds, Commission to inves- tigate issuance of, 8602. * - Train robberies, 10495. Transmission of telegrams by railroads having telegraph lines, .10078. United States courts not to have juris- diction on ground of incorporation Of railroad companies by act of Congress, 1233a. . . . RAILWAY MAIL SERVICE General provisions, 7478-7523. Agents to superintend, appointment, 574, 575 - Appropriation to which salaries, etc., to be charged, 574. . Expenses, 574-576. Free transportation, 7480a. Salary, 574, 575. Apartment post office car service, 7482a. (4, 6). - Application of section 7482a to service by railroads and steam boats, 7482a(17). Assistant general superintendent, Salary, 577. - - Assistant superintendents, appropriation to which salaries, etc., to be charg- ed, 574. - - Detailed to act as Superintendents, 7548. Traveling expenses, 7508. Bºes of route agents, messengers, etc., 725.1. Carrying mail on any train, etc., 7480. Carrying mail over railway, route in ab- sence of contract with railroad, 7478. Cars, additional pay, 7498. Apartment post office car, 7482a(4). Duty to furnish, etc., 7482a(13). Fuji post office car, 7482a(3). . Refusal to provide, 7482a(14), 7497, 7499. Search by post office inspectors, 7552. Steel cars, 7482a(11), 7503, 7504. . Storage cars, 7482a(5). Style, construction, equipment, 7483a (11), 7495, 7503, 8616. Weather signals. On, 847. Chief clerk of, salary, 577. Classification of mail routes, 7482a(2). Classification of terminal railway post offices, etc., assignment of clerks, 75.10. Clerks, employment in connection With fixing rates, 7482a(30b). - Closed pouch service, 7482a(7). Compensation, 7482a(8). - Additional for extra weight caused by parcel post, 7494-7494b. . Additional service, 7482a (9). Apartment post office car Service, 7482a.(8b). - Cars over or under standard lengths, 7482a(8d). - - Closed pouch service, 7482a(8e). Computation of car miles, maximum space to be used, 7482a(8h, i). etc., Deduction for defective service, 7482a | (16). . . Discontinuance of service, 7482a(9):... " Empty mail bags previously with- drawn, 7492. . . . . . Return to mails after being with- drawn, 7482a (24). - RAILWAY MAIL SERVICE (Cont'd) Compensation (Cont'd) . Express company rates may be ap- plied to other than first class mat- ter, 7482a(20). Fair and reasonable compensation to be paid, 7482a(27). - Freight train service, 7482a(18). 4 Full post office car service, 7482a.(8a). Government aided roads, 7482. Initial and terminal rates to cove certain expenses, 7482a(8g). - Interstate commerce commission’s de- termination of, additional weigh-- ing of mail, 7482a(30f). Answer of railroads, 7482a.(30c). Classification of carriers, 7482a- (30e), , . - Existing laws to remain in force : pending determination, 7482a (31). Existing rates, etc., to prevail with. certain exceptions pending COm- mission’s determination, 7482a. (26). * Fair §ompensation to be fixed, 7482a(30g). - Fourth class matter and periodi- cals, 7482a (21). - Land grant railroads, 7482a(30.j): Matters to be considered, 7482a(29). Orders, publication and effect, 7482a(28). - Payment in accordance with Order, 7482a(30g). - Powers, 7482a(30i). • , - Procedure, application of other. laws, 7482a(30d). For ascertaining (30). - Hearings, 7482a (30c). Notice to railroads, 7482a(30g). Other laws made applicable, 7482a(30d). Re-examinations, 7482a(30h). Statement and plans to be filed with , , postmaster general, 7482a(30a, 30b). Readjustment of compensation in certain cases on decision by, 7482a(26). Refusai to obey orders, fines, 7482a (33). - - . - Land grant roads, 7482, 7482a(8ſ, 12, 30j), 7485, 7487, 7488. - Mail other than first class at express rates, 7482a(20). w New service, 7482a (9). Post office cars of other than steel. construction, 7482a (11). Readjustment, 7482a (1), 7483. t Mail diverted after weighing pe- riods, 7493. - Reduction, 7483. - Failure to carry mail on fast- est train, 7500. - Failure to furnish cars, etc., rates, 7482a Reduction of service, 7482a (9). Routes carrying average. Weight per day of 5000 pounds or more, 7478. Special contracts, 7482a(10). Storage car service, 7482a,(8c). Tºportation of empty mail bags, Unsound cars,..., no pay for, 7482a(11). Variation in allowances, 7482a(8g). Conditions of, 7483. Contracts for carrying mail, vertising, 7427. Delinquencies, fines, 7482a(16). Division superintendents, additional com- pensation, 7507. - Assignment of postal clerks, 7510. Duty to transport mail matter, 7482a(27). Employés, free transportation, 7480a, 8563. Names not to appear in official regis- without ad- ter, 7128. Estimates, 6710. - - Express revenues to railroads, informa- tion may be obtained from interstate commerce commission, 7482a(20), Failure to transport mail, fines, 7482a(15). Fines, delinquencies, 7482a(16). r Failure to furnish cars, 7482a(14). Failure to obey interstate commerce commission’s order fixing compen- sation, 7482a(33). - - Failure to transport mail, 7482a(15). Fourth class matter, less frequent dis- patch of, 7482a(22). Freight transportation of second class matter, appeal to Court of Appeals, for District of Columbia, 7502a. GENERAL INDEX [References are to sectſ RAILWAY MAIL SERVICE (Cont'd) RAILWAY MAIL SERVICE (Cont'd) Freight transportation of second class matter (Cont'd) 47 Aºrity of post Office department, 3. Hearings before post office depart- ment, 7502a. . Unfair disérimination prohibited, 7502a. Full post office car service, 7482a(3, 6). Information concerning cost of transport- ing mails, 606. Information Goncerning express revenues to railroads to be obtained, 7482a.(20). Interstate commerce commission’s deter- mination of compensation, powers, 7482a (28). - Messengers, 7506. Badges, 7251. Official register, employés names not to appear in, 7128. - - Performance of service, proof, 7482a(19). Periodicals, less frequent dispatch of, 7482a(22). - Postal clerks, 7509–7523. Advancement restricted, 7617. Appointment, 7509. In charge of crews, grades, 75.13. Promotion, 7513. Classification, 7509, 7510. 7509a, 7509b, Appendix p. 1787. Clerks in charge of crews, grades, promotion, 7513. . Clerks in highest grades, promotion, Compensatory time for employment on Sundays and holidays, 7239e, Appen- dix p. 1786. Failing of promotion, 7514. Full time when deadheading under or- ders, 7523a. - 7523a, Appendix p. 1788. Hours of work, 7519. 7238b, Appendix p. 1785. Rilled on duty, payment to legal rep- resentatives, 7246b. Leave of absence, for sickness, 7521. When substitute provided, 7523. Preferences in transfers from railway service to department or post office of persons who served in civil War, 7520. Promotions, 75.11, 7515. Substitutes, 7517a. Residence on route, 7518. Restoration after deductions in grades, 7516. - Salaries, 7509, 7510, 7518, 75.18a. 750óa, 7509b, Appendix p. 1787. Not to be reduced on transfer, 75.18a. Postmaster General to fix, 7509b, Appendix p. 1787. - Substitutes, 7245. Compensation, 7247. * * : - Leave of absence on providing, 7523. Promotion, 7517a. Transfer, 75.12. Salaries, not reduced, 75.18a. Travel allowances, 7519 Vacation, 7522. * Postal supplies, transmission by freight or express, 7491. Post-roads, railroads to be, 7456. Terminus of intersecting, changed, 7466. - Proof service has been performed, 7482a 19). - Rºving boxes at stations for mail mat- ters, 7277 - Refusal to furnish service, 7482a(33). , Rental of buildings in connection With fixing rates, 7482a (30b). - - Return to mails of empty mail bags With- drawn, 7482a(24), 7492. . . Return to mails of postal cards, empty mail bags, supplies, etc., 7482a(23). Routes, classification, 7482a.(2). Second class matter, freight transporta- tion of, 7502a. Section 7482a applicable to service operat- ed by railroads and steamboats, 7482a (17). Sending second-class mail freight restricted, 7502. Special contracts for transportation of mail, 7482a(10). g Special transfer between St. Louis and East St. Louis, 7505. may be matter by station facilities, duty to furnish, 7482a | storage car service, 7482a (5, 6). Supervisory official, payments to legal representative when killed on duty, 7246b. -- IPage 2282] Terminal company, service over consider- # Service of operating company, 7482a Tºnal post offices, power to lease, Third class matter, less frequent dispatch of, 7482a(22). Trains, failure to carry mails on fastest train, 7500. - Maintenance of regular schedules as to time of arrival and departure, 7501. - Selections of, to carry mail, 7481. Transportation of official matter by rail- road or express, 7479. Weighing mails, 7489. Abnormal condition during test pe- riod, allowance for, 7490a. Interstate commerce commission’s de- termination of compensation rates, 7482a (30f). Payment of expense of computation, 7482a (25), 7495. Periods for, 7490, 7490a. Times for taking, 7482a (25). Withdrawal of freightable postal supplies, 7491. RANGE LIGHTS Anchoring vessels to obstruct, 8442, 8442a. RANGIERS - Forest rangers, selection, 5152. - Payment for horses lost in military serv- ice, 6390. - RANIK Army, 1874, 1899f. Adjutant General, 1764. Adjutant General’s Department offi- cers, 1766. Advancement over ranking officers, 1899 f. Aids to generals, 1756a. Aids to lieutenant general, 1756b. Appointment to office affecting, 1909. ASSistant Surgeon General, 1806a, Ap- pendix p. 1747. Aviation officers, 1867k. Battalion sergeant major at military hºlemy, 2275a, 2275b, Appendix p. 93. Board for examination of officers of Volunteer army, 2041. Brevet commission, 1927, 1928, 1931, 1932, 1933. - Captains, medical corps, 1815a. Chaplains, 1868, 1868a. - In volunteer forces, 2026e. Chief of Coast Artillery, 1731-1731b. Chief of engineers, 1840, 1842a. Chief of . Ordnance, 1848. Chief of Record and Pension Office of War Department, 336. Chief of staff, 1762a. Chiefs of staff corps, etc., 2090b. Appointed to vacancy, 1905. Coast artillery corps, officers, 1731, 1731a. Commissions, dates of, 1899d. Corps of Engineers, sergeants, 1842. Dental surgeons, 1833, 1833a, 1833b. Details to detached officers’ list, 1997b. Disciplinary barracks, guards, 2458a. 4 - lots Of ). - Enlisted men detailed at recruit de- pots and military prison, 2009, 2010, 2010a. - Enlisted reserve corps, 1892e. 1892e, Appendix p. 1750. Examinations for promotion, 1897, 1897a. General officers of the line, 1899g. Infantry regiment officers, 1738. Inspector General, 1771. Judge Advocate, 1775, 1775a. Judge-Advocate-General, 1775, 1775a. Junior military aviators, 1860, 1867c. Marine corps, service to be credited in determining, 1922. - Master of the Sword, 2263, 2264. Medal of honor, pension applications, not considered in, 1941e. Medical corps, officers, 1807, 1808. Medical department, head of, 1899f Officers, 1815, 1815a. Medical reserve corps, officers, 1816. Military academy, battalion Sergeant, major, 2271a. - . . Commandant of cadets, 2221. Master of the sword, 2263-2264a. Professors, 2208, 2211, 2228, 2229. Superintendent, 2221. Military aviators, 1860, 1867c. 1895, ons, except where otherwise indicated.] RANK (Cont'd) Army (Cont'd) - Militia officer on duty with officers of regular and volunteer forces, 2308a, art. 119. Nººnal Defense Act not to affect, Officers, increase under national de- fense act, 1991b. . Reserve corps, 1881a. Ordnance Department, officers serving by detail, 1850. Pay Department officers, 1797. Paymasters, volunteer forces, 2034. Philippine constabulary, 1743. * Philippine Scouts, captain, 1742. Officers, 1741. - Porto Rico infantry, captains, 1750a. Porto Rico regiment of infantry, of - ficers, 1750a, 1753a. t - Quartermaster corps, assistants to quartermaster general, 1784. Officers, 1779. Quartermaster General, 1784. Quartermaster’s department, officers, - Recommissioned officers, 1920d. Record in army register, 1924, 1934. Recruiting depots, enlisted men, 2010a. Re-enlistment, 1891a. Relative rank, Army and Navy offi- Cers, 2660, 2660a. -- Officers of Corps of Civil Engi- neers and Navy, 2672a. " . Personnel of Coast and Geodetic Survey, 8562e. Reserve veterinarians, 1724a. Retired enlisted men, recruiting duty, 2026.h. Reur; ºncers, 2063, 2064, 2066–2068, 070. Active duty, 2080a, 2080b. 2080a, Appendix p. 1758. Advancement, 2068a–2068d. - Chief of Coast Artillery, 1728. Chief of staff corps or depart- ments, 1905. - - Isthmian Canal Commission, serv- ice with, 2068e. Medical corps, 1810. Medical reserve corps, 2049. Recruiting duty, 2026h. Service with Isthmian Canal Com- mission, 2049b. Transferred to active lists, 2073a.a. Retiring board, 2054. Second lieutenants, 1920c. Service with officers’ reserve corps not Counted, 1881.G. Signal Corps, chief, 1860. Chief , of telegraph and cipher bu- reau of Executive Office, 1864. Staff officers in volunteer army, 2026.e. Subsistence Department, officers, 1793. Surgeon general, 1806. Temporary commissions, not to affect, 1905a. Temporary promotions, not to affect, 1908a. - Time of service considered in fixing, 1921-1923. Veterinary corps, 1724a. Reserve veterinarians, 1724a. vºteer commissions not to affect, e. Volunteer forces, brevets, 2026c. Volunteers promoted, 1912. Volunteer staff officers, 1848a, 2026e. Change of, for making or withholding political contribution, 10290. Coast Guard, existing laws applicable, 8459%a (3). No reduction on account of act pro- viding for temporary additional of- ficers, 24.83m. - - Tºry, 8459%a(2*/16-2%), Appendix |). e - When operating with Navy, 8459% a. 9 * * Militia, command when participating with army, 3066a. National guard in United States Serv- ice, 3051. - National naval volunteers, United States, 3078b (7). United States service, 3078b (2, 6). Naval militia, officers, 3078a.(34). - Participation with regular navy, 3078a.(21). . t Reduction in rank by court-mar- tial, 3078a.(45–47). TJnited States Service, 3078a (34). Reduction by general courts-martial, 3049b. w service of GENERAL INT) EX [Page 22831 [References are to sections, except where other Wise RANK (Cont'd) - Naval flying corps, first lieutenants qual- ifying for aeronautic duty, 2952%h. Lieutenants junior grade qualifying for aeronautic duty, 2952% h. Lieutenants qualifying for aeronautic duties only, 2952%h. Qualifying for regular service, 2952% i. Student flyers receiving certificate of qualification, 2952%p. - Navy, aid or executive officer, 2663. Assistant surgeons, 2483, 2495, 2496, 2498, 2669a. Aviation service, 2823. Boatswains, 2708. Carpenters, 2708. Chaplains, 2541b, 2673-2675. Acting chaplains, 2541a, 2541b. Commissioned from acting chap- lains, 2541c. Chief boatswains, 2708. Chief carpenters, 2708. Chief gunners, 2708. Chief machinists, 2712. Chief of naval operations, 62.1a, 621c. Chief sailmakers, 2708. Chiefs of bureaus, 2665, 2666. Civil engineers, 2483, 2672. Commander of squadron, 2604. Commanders, 2662. Assigned to duty as fleet and squadron engineers, 2482a. . In chief of Atlantic, Pacific and Asiatic fleets, to have rank of admiral, 2471a. Date of commissions, 2661. Dental Corps, 2502, 2503, 2505, 2511, 2512. Engineering duty on shore, 2486. Engineer officers, 2477, 2478. Engineers, 2476-2482, 2682. Ensigns, 2472. Gunners, 2708. Hospital corps, pharmacists, 2513, 2514. Lieutenants, 2472. Line and staff officers, precedence in procession, courts, and boards, 2683. Machinists, 2557. Marine Corps, 2068, 29.11b. Appointment for probationary peri- od, 2903f. - Certain officers to have rank and pay of brigadier general, 2907b. Commandant, 2915. How determined, 2903c. Examination for promotion, 2924a. No reduction on account of act providing for temporary addition- al officers, 2483n. Officers, 2911, 2913, 2920. Detailed to assist chief of naval Operations, 621c. Retired, 2915. Staff, 2906. Counted as having rank of colonel, 2907c. Medal of honor, pension applications, not considered in, 1941e. Medical Corps, 2668, 2669. Nº. Academy graduates, 2677, 2736- Naval Appropriation Act of 1916 not to reduce, 2684a. Naval constructors, 2548, 2671. Assistants, 2671. Naval flying corps, officers qualifying for regular service, 2952%i. Naval reºve force, 2900%a(5), 2900%a (6). 2900%a (11%), Appendix p. 1766. Examinations, active service, con- firmation, 2900%a (9, 10). Naval auxiliary reserve, confirma- tion in rank, 2900%d (3). Naval coast defense reserve, con- firmation in, 2900% e(3). Naval reserve, 2900% c(2). Flying corps, confirmation in, 2900%g (1). No reduction on account of act pro- viding for temporary additional of- ficers, 24.83m. Officers, dental corps, 25.11e, Appendix p. 1761. Detailed to assist chief of naval Operations, 621c. Officers second in command of Atlan- tic, Pacific and Asiatic fleets to have rank of vice admiral, 2471a. Passed assistant surgeons, 2483, 2496. Pay Corps, 2670. º, g officers promoted or advanced, RANK (Cont'd) Navy (Cont'd) Precedence, commanding vessels and stations, In procession, boards, Officers of staff corps, Professors of mathematics, Promotion in, 2685–2712. Relative, Navy and Army officers, 2660, 60a. Officers of corps of civil engineers and Navy, 2672a. Retired enlisted men, Retired officers, 2068, 2636-2648, 2651, 2655, 2658, 2952. Failing to pass examination for promotion, 26.97g. - Isthmian Canal Commission, Serv- ice with, 2068e. Service with Isthmian Canal Com- mission, 2049b. Sailmakers, 2708. Secretaries, 2489, 2490. Staff corps, 2678-2682. Surgeons, 2483, 2495, 2496, 2498. Warrant officers, 2708–2712. Pensions, according to rank at time of disability, 8946. Invalid, not affected by, 8937. Service pensions not affected by rank, 896 9. Public Health Service, 9133,9136. Revenue marine, commissioned officers, 5401, 8459%b (6). Engineers and line officers, 8459%b (13). Statement of, in annual estimates, 6693. RANSOM MONTEY Distribution and payment to naval officers and men, 8409-8412, 8418, 8419, 8426. RAPTE Assault with intent to commit, 10449. Cº. knowledge of female under 16, 452. Extradition for, of fugitives from foreign country, 10110. - Homicide in attempt to commit, 10446. On hº reservation in South Dakota, 1. * Jurisdiction, 1009. By Indians, 10502. ' By persons in military service, art. 92. Punishment, 10451. Qualified verdict, 10504. RAPE SEED Importation of seeds adulterated or unfit for seeding, 8744-8747. IRATE BILL, See Coºnºmon, Carriers. Text of act, 8563, 8569, 8579, 8582–8585, 8592, 8596, 8597, 8604a, 8604aa. RATES See Com/mon Carriers ; Interstate Com- merce Commission ; Railroads ; Street Railroads. RATES OF POSTAGE See Franks ; Postage. RATING Navy, disrating for incompetency, 2999. Enginemen, etc., . 2855a. Punishment by reduction, 2985(1). Punishment by summary court-mar- tial, 2998 (6). Seamen as mates, 2560, 2561. Not discharge from enlistment, 2561. RATIONS Army, 2172–2177. Deductions from pay for rations pur- chased, 2187, 2188. Flmergency rations, 2176. Enlisted men, 2173, 2174. Retired, 2084. Hospital matrons, 2142, 2175. officers of 2662. etc., 2683. 2678-2681. 2676. Marine Corps, 2308a, |Medical department to Superintend cooking, 1837. Sales to officers, 1955. Sick diet in hospital, 2177. Subsistence Department to supply, 1795. When to be furnished to naval detach- ments, 1796. Bureau of fisheries, officers and crews of vessels of, commutation, 907 a. 907a, Appendix p. 1745. Cadets at military academy, 2267a, Appen- dix p. 1759. w Coast guard, commutation, 8459%b (42%), Appendix p. 1794. Indians, commutation of, per capita pay- ment, 4061. indicated.] RATIONS (Cont'd) Indians (Cont'd) Issuance by Army, 4094 Withholding, children School, 4174. From parents for non-attendance of children at school, 4.175. Reepers of life saving stations, commuta- tion, 8530. Lighthouse keepers and assistants, com- mutation, 8448. 8448, Appendix p. 1792. Merchant seamen, 8392. Militia, 3065. Naval detachments, supply by Subsistence Department of army, 1796. Navyºlowance of, to Navy hospitals, Commutation, 2877-2879, 2886, 2887. Courts-martial prisoners, 2887b. Payment to caterers on death or desertion, 2887c. 2887c, Appendix p. 1765. Constituents, 2881. Diminution or variation, 2883. Extra allowance, coffee, 2885. Enlisted men of deck force stand- ing certain night watches, 2885a. Geneº, courts-martial prisoners, not attending 2887b, Appendix p. 1765. Marine Corps, 2938, 2939. Midshipmen, 2877, 2879. Officers, 2878. Retired officers, 2898. . Short allowance, 2883. Sick, 2884. - Substitutions, 2882. When not allowed, 2880. Philippine scouts, 1741. Porto Rico regiment of infantry, 1753a. Reimbursement of lighthouse keepers, etc., for rations furnished shipwrecked persons, 8449. Revenue cutter Service, 8459%b (34, 35). Contracts, 8459%b (42). Officers, 8459%b (41). Sale to officers’ mess, 84.59%b (42%). Surfmen in life saving service commuta- tion, 8530. RAW COTTON See Cotton. REAL TESTATE See Land. REAR-ADMIRALS - Chief of naval operations to have rank of, 62.1a. Grade, 2470. Number, 2474, 2482. Number of vacancies in grade to be fur- nished board of naval officers, 26.97d. Pay, 2814a. Pay of aids to, 2826. Promotion to grade of, 2697a, 26.97d, 26.97e, Rank, 2660, 2660a. Retirement, 2644. Selection, 2471aa, 1745, cadets, 2487. REASSESSMENT OF INTERNAL REV- - E ENU See Assessments of Internal Reven we. IREBATE - Acceptance of, from common carrier, pen- alty, 8597. Interest on public debt when paid before due, Prohibition of, 8564. Vessels, prohibition, 8146gg. REBELLION See Instirrection. Claims arising out of, court of claims, 1136a. Claims of persons who sustained, not to be paid except for army service, 6387, 6387a. Contracts for collecting money and prop- erty of late Confederate States, 6952. Debts incurred in supporting, validity (Const. am. 14, § 4). Habeas corpus, suspension of writ dur- ing (Const. art. 1, § 9, cl. 2) Inciting, punishment, 10168. Intercourse with rebels by persons navy, punishment, 2965 (4, 5). Militia, called in case of, power of Con- gress (Const. art. 1, § 8, cl. 15). Naval militia, may be called in case of, jurisdiction of in 3078a (32, 33). GENERAL INDEX * [Page 2284.1 [References are to sections, except where otherwise indicated.] REBELLION (Cont'd) Officers and soldiers who, served in, en- titled to benefits of National Home for Disabled Volunteer Soldiers, 9260, 9264a. , in after oath to support disability (Const. am. 14, Participation constitution, 3). Trial by ministers and consuls of Unit- ed States in certain foreign Countries, 7647, 7648. RECAPT'JIRIES Distribution of proceeds of prize, 84.12, 8426. Salvage, 8426. IRECEIPTS Public money, see Postal Revenues. Age at which Indian may receipt for an- nuities, 4059. r - . Common carriers to make regulations concerning form, etc., of, 8563. Consular officers’ fees, 3182. Register, 3183. Delivery of registered mail, 74.10. Pºſts of public moneys, duplicates, Forgery, 10193. Having in possession, 10194. Fraud against United States, by persons in military service, 2308a, art. 94(8). By persons in naval service, 2975 (6, 7). 8409- By persons not in military or naval. service, 64.11. - Income tax collector to give, 6336p. Marshals, 1424. Materials furnished foreman by public printer, 6988. Postal revenue, auditor, 596. Property taken under search warrants, 10496%l. - Public money, publication (Const. art. 1, § 9, cl. 7 Wages and 8328. duplicate forwarded to effects of deceased seamen, Warehouses, agricultural products, 8747%i. RECEIVERS - - See Bankruptcy National Banks. Land office, see Registers and Receiv- €7°S. - Public money, see Registers and Re- ceivers. .. - Accepting bribe, 10303. - Appeals to circuit courts of appeals, 1121. Common carriers, applicability to, of re- quirements concerning accounts, etc., of carriers, 8592. Application to, of laws concerning physical valuation of property of common carriers, 8591. Common carriers included in term, 8628, 8663. Reduction of wages of employés re- stricted, 8674. Regulations, etc., of Interstate Com- merce Commission, penalty for fail- ure to comply with, 8569. Corporations, returns of income to be made by, 6336mſc]. Disqualification, clerk of court of CuS- toms Appeals, 1182. District clerk or deputy, 1050. - Officers and employés, 1334. Income tax on individuals withholding tax at source, indemnity, 6336iſb]. Return, 6336.h[c], 6336 y. Management of property, state laws, 1047. Property in different states, jurisdiction, 1038 exception, according to Public moneys, accounts, 6616. - Accounts of disbursements under Army appropriation acts, 6619. Bonds and duties of, 6638. Distinct accounts of application of ºey according to appropriations, 618. Distress warrants against, 6624–6637. Moneys to be deposited without deduc- tion, 6606, 6611. Payment to treasurer and assistant treasurers, 6604. Receipt of treasury notes, etc., 384. Registers of land-office to examine books of, 6654. Suits against, 1048. United States Shipping Board citizen un- #; act relating to, 8146a, Appendix p. 1789. RECEIVING BOXES See Mail Boases. Counterfeiting keys, see Cow'nterfeiting. RECEIVING GISTERNS In distilleries, 6005. RECEIVING STOLEN GOODS Baggage, 8603. Mail matter, 10364. Public property, 10215. Trial, 10461. IRECTPROCATI, ACT See Customs Dwties. Text of act, 5326. R}ECIPROCITY Trade agreements for, authorized, 5292. Trade agreement with Canada, act au- thorizing review of decisions of court of customs appeals not to apply to Cas- es involving construction of reciprocity act, 1186. Treaty with Cuba, Underwood Tariff Act not to affect, 5293. - RECLAMATION * k TRADE RELATIONS | See Desert Laºds. Desert lands, 4674-4750. } Grants of lands to states, 4685–4695. By United States, 4696–4750. RECLAMATION ACTS See Desert Lands. * Text of act, 4700-4708, 4713a–4714f, 4719, 4746–4748. RECLAMIATION DISTRICTS Bonds, powers of federal reserve banks, 97.97 (2b). Condemnation proceedings by United States in behalf of state, 9881c. RECELAMATHON FUND ACT See Desert Laºvds. Text of act, 4710-4714. RECIAMATION SERVICE Open market purchases of supplies Or procurement of services not exceeding $50, 6836c, Appendix p. 1783. RičCOGNIZANCES See B Cºil. Fiºratur, on arrest of party by bail, $3. Penalty in criminal case may be remitted in whole or in part after breach, 1684. Procuring false recognizances, 10297. Taken de bene esse of special bail, 1573. Witnesses, 1490. Criminal case returned by examining magistrate, 1674. For United States, 1492. Vermont, 1491. RECOHNAGE See Miºts. RECORD AND PENSION OFF}{CE Consolidated with Adjutant General’s De- partment, 1766, 1768. Division in War Department, 336, 337. Chief, appointment, 336. - Duties, 336. Rank, 336. Establishment, 336. * Officers of, part of army, 1717. Printing in, not affected by consolida- tion of department printing offices, 6987. Public printer may abolish printing of- fice in, 6987. RECORDER OF GENERAL LAND- OFFICE Absence of, designation of temporary re- corder, 694. - Appointment, 693. Copies and exemplifications of files and records, 706. Countersigning of land patents, 705. Direction of, by commissioner, 706. Duties, 706. Engrossing of patents, 706, 707. Indexes of patentees, etc., 706. Patents to be certified and seal affixed, 706. Recording of patents, 705–707. Salary, 693. - Temporary recorder, effect of acts of, 694. RECORDER OF LAND THTLES Missouri, office discontinued, 4514. RECORDERS See Recorder of General Laºld Office. Army, etc., boards, administration of oaths, 265. RECORDERS (Cont'd) - - Court of inquiry, oath, 2308a, art. 100. Summoning and examination of wit- nesses, 2308a, art. 101. Deck courts, 2989. Fººtor recording miners’ lien in Alaska, Mining recorder in Alaska, election, 5050. Subpoenas, issue in contested elections of #mbers of House of Representatives, Summary courts-martial, 2995, 2996. Town-site plat filed with, 4786. RECORDING CLOCKS Use of in Executive Departments prohib- ited, 241. RECORDING OF WESSELS Coºveya??ces of vessels, Clº!, C&S. Bailing of property seized, 1564. Domestic built vessel owned by foreigner, certificate of record, 7767. Change of name or master of recorded vessel, 7768. Measurement for record, 7766. Oath to obtain record, 7765. Fees, collector, 7770. Surveyors, 7771. Penalty, fraudulent record, 7775. Misconduct by Officers in relation to, see Co??'vey- Neglect by officers in relation to, 7774. Production of certificate upon entry, 7769. Seizure of, forfeiture, procedure, 1549. Sale after condemnation, 1565. RECORDS See General Land Office ; Military Rec- ords ; Registration ; Transcripts. Army, see Record and Pension Office. Vessels, see Recording of Vessels , Registry of Vessels. Agents to receive payments on reclama- tion entries or water rights, 4731, 4732a. Agricultural Department, custody of, 817. Bankruptcy proceedings, 9655. Bids, carrying mails, 7435. Supplies, District of Columbia, 6837. Naval supplies, 6865. Biſhºt sale of foreign built steamships, Binding of Written records at Treasury Department, 7157. Board of special inquiry, 4289%i, 4289%ii. Bonds, by clerk of supreme court, 1196. Deputy clerks of district courts, 1324. District clerks, 1323. Marshals, 1307. Bureau of corporations, transfer to Fed- eral Trade Commission, 8836C. Certificates of marriage, 10492. Chief of engineers’ office, matters to be made part_of, 9863. Coal companies, inspection, 31.15%0. Common carriers, false entries, mutila- tion, etc., punishable, penalty, 8592. Forms prescribed by Interstate Com- merce Commission, 8592. Inspection under order of Interstate Commerce Commission, 8592. Liquors transported into District of Columbia, 34.21%b. Penalty for failure to keep as pre- scribed by Interstate Commerce Com- mission, 8592. Wine shipped for sacramental purposes in Alaska, 3643f. Concealment, removal, 10298. Consular officers, citizenship of American women marrying foreigners, 3960. Citizenship of children born abroad, destruction, etc., Citizenship of foreign women marry- ing citizens, 3961. Copies as evidence, 1509. Copies of, in Interior Department, fur-. nished, 675. Courts, Appeals and writs of error, 1653– 165 Aśls to Court of Customs Appeals, Authentication of acts under full faith and Credit clause, 1519. Circuit courts transferred to district courts, 1266. Consular courts, 7662. Court of appeals, copies, 1198. Court of Claims, cost of printing, 1167. Courts-martial, 2308a, arts. 33–36. Judge advocate to prepare, 2308a, art. 17. Deck courts, 2992. GENERAL INDEX [Page 2285] IReferences are to sections, except where otherwise indicated.] RECORDS (Cont'd) Courts (Cont'd) *r Declaration of intention and petition for naturalization to be, 4373. Destroyed, how supplied, 1516–1518. District courts, where lºept, 973. Final record in equity and admiralty causes, 1604. Lºr destroyed, how supplied, 1513– Referees in bankruptcy, 9626. States, Territories, etc., how proved, etc.; effect of, in evidence, 1519. Summary courts-martial, Navy, 3002. Supreme court, costs of printing, 1231. Transcripts of, into new books of dis- trict courts in certain states, 1510, Transfer to district court when terri- tory becomes a state, 1044, 1045. United States court for China, authen- tication, 7687. Customs, naval officer, 5364. Deeds by Indians requiring approval to be recorded by commissioner of Indian affairs, 719. Delivered to secretaries of states, 4451. Dentists, opium distribution, 6287h. Departments, access to by Bureau of Effl- ciency, 3286i. As evidence, 1494. Destruction by officer, 10299. Disbursing officers, examination, 420a, (e). Disciplinary barracks, offender’s conduct, 2458a.(5). Duplicates of registrations as to citizen- ship of citizens, 3964. Falsely certifying as to record of deeds, Federal controlled transportation systems, production, 31.15% c. Fees of registers and receivers for tran- scripts, 4474. - Five Civilized Tribes, certified copies of, fees, 679 Foreign governments, relating to lands claimed, etc., how authenticated, 1521. Full faith and credit in other states (Const. art. 4, § 1). General land office, cancellation of patents to Indian allottees in severalty, 4212. Copies as evidence, 1504. Custody of, 700. Exemplifications, tures, 710. º Patents to Indian allottees in several- ty, 420.1. Grain standards, 8747%f. Homestead locations in Alaska, 5046. Inspectors of steam vessels, local, 8219. Stamped boiler plates, 8.194. Internal revenue, cigar manufacturers, insertion of signa- inspectors to keep, sº 1and for non-payment of tax, Internal revenue tax on records for piano players, etc., 6309%a, 6309%b. Payment, vendees or lessees in certain cases, 6348b. When held and intended for sale, 63.09% c. Isthmian Canal Commission, 10051. Land offices abolished, disposition, 4514- 4516 Land patents, 705–707. Licenses, manufacture, sives, 31.15%ff. Vessels engaged in domestic com- merce, 8082. Liens, on creation of new district, 1042. List of crew of vessel, 8365. Local inspectors of steam vessels, certifi- cates of services issued to Seamen, 83632. Maps, etc., deputy surveyors to have a C- cess to, 4453. Safe-keeping of, etc., to be provided for, 4454, 4455. Surveyors-general turned to State authorities, 4451–4455. Material used in fortification of SWeet wines by wine Spirits, 6112. - Military, 336-344. Military land warrants to be recorded in general land office, 704. Miner’s lien in Alaska, 5061. Mining claims, in Alaska, miners’ regula- tions for recording, 5050. In Alaska, notices of location of, 5049. Requisites, 4620. Mining records in Alaska legalized, 5050. Mortgages, by lessees in Yellowstone Park, 5204 Of wagon roads, etc., in Alaska, 5087. sell, etc., explo- OVer RECORDS (Cont'd) National cemeteries, burials in, 9371. Naval examining board, 2694, 2695. w Navy department, custody of, 617-619, 625. Office of commissioner of Indian affairs, Copies of admissible in evidence, 720, 721. oº:: of recorder of land title, Missouri, oº:: of Solicitor of treasury, as evidence, Official commissions, 3305. Opium, distribution by physicians, 628.7h. Patent office, copies as evidence, 1505. Patents, 9427. Pensions, commissioner of pensions to keep, 8972. p JPermits to pharmacists for transportation of alcohol in Alaska, 3643d. Physicians, opium distribution, 6287h. Postmasters, 7202. Post-offices, 7202. Power of attorney to locate placer min- ing claims in Alaska, 5055. Tºublic offices, etc., not appertaining to court, how proved, 1520. Purchasing agent for Post-Office Depart- ment, inspection of, 579. Redemption of lands sold for non-pay- ment of internal revenue taxes, 5926. Renunciation of hereditary titles, etc., On naturalization, 4352(5). Reports of Interstate Commerce Commis- Sion investigations to be entered of rec- ord, 8582. Returns of income by corporations open to inspection, 6336m [b]. Sales, explosives, 31.15%.e. Liquors in District of Columbia by pharmacists, 3421%bb, 3421%d. Schedules, contracts, reports, etc., filed With Interstate Commerce Commission, 8584. Shipments of liquors manufactured in Dis- trict of Columbia, 3421%d. Solicitor of treasury to have charge of certain records, 548. State Department, custody and charge of by Secretary, 301. Fees for copies of, 310. - Reports as to efficiency of diplomatic officers, 3130c. Statements of treasurers of political com- mittees as to contributions, etc., 192 Stealing or altering, 10297. Surgeons of Navy, 2521. , Surveys, delivered to state authorities, 4451–4455. Tests of iron and steel, 3110. Township plat, 4803. Town site trustees in Oklahoma, 5035. TJnited States commissioners, criminal cases, 1336. TJnstanped documents subject to internal revenue tax, 6318k, Appendix p. 1780. Veterinary surgeons, opium distribution, 6287h. etc., War Department, custody and charge of, 3.19. Warehousemen, agricultural products, ex- amination of, 87.47%mm. Washington aqueduct, 3321. RECRUIT IOEPOTS See Enlist477.6%t. RECR. UITING See Enlist47,6%t. RECTIFTED SPIRITS See Distilled Spirits and Włºnes. RECTIF HERS See Distilled Spirits and Wines. RED CEOAR, TIM BER Cutting or destroying, 4980. Lands containing, to be explored and se- lected for use of Navy, 4977, 4978. Penalty on master of vessels, etc., carrying away timber cut from, 4981. Protection of, 4979–4988. Use of land and naval forces, 4979. Selection of, for reservation, 4978. Vessels carrying, forfeiture, 4981. RIEED CROSS ASSOCMATHGN - Aid to land and naval forces in War, 7.705. Amendment or repeal of act relating to, 7703. Badge, 7698. Detail of medical corps, 1839, 1839a. Detail of officers of medical corps of navy for duty with military relief division, 2498a. Duties, 7701. Endowment fund, investment, 7704. Proceeds of, 7704. RED CROSS ASSOCIATION (Cont'd) Equipments and supplies, issuance of, 1963a, b. - General powers, 7698. Governing body, 7701. Incorporators enumerated, 7697. Insignia, etc., fraudulent representatives of, use of, penalty, 7700. . Medical Supplies, purchase from army Imedical department, 1963c. Meetings, quorum, 7701. Voting by proxy, 7701. Mºy reservations, use of buildings on, a. Name of corporation, 7698. National bank contributions, 9661a, 9661b. Property, power to hold, 7698. Purpose of incorporation, 7697, 7699. Reincorporation, 7697. Reports, 7702. Sales of ordnance stores to, 3106. Seal, 7698. Subsistence, 7706. Supplies and equipments, 1963a., b. Transportation, 7706. REDIEMPTION Certificates of indebtedness, 6829kk. Coin certificates, 6525. Desert lands forfeited for default in pay- ments, 4729, 4732a. Desert lands, state irrigation districts in- cluding public lands, rights of public land entryman, 4695g. Division of, establishment, etc., 477. Federal reserve notes, 9799 (1, 3, 5), 9800ſ;). Fractional currency, 6542, 6544, 6546, 6548. Internal revenue stamps, 6346, 6346a. Permanent appropriation for, 6799 (18). Legal-tender notes, issue and sale o V bonds, 6543. - *; On government aided railroads National bank notes, 9670, 9707, 9708, 9751, 9756, 9802, 9816. - Appointment of receiver on failure to redeem, etc., 98.21-9830. Clerical force for, 9753. Continuing business after default pro- hibited, 9815. Disposition of deposits for, 9754. On dissolution, 9809–9820. Examination by special agent on fail- ure of, 9814. in, .gwrul money of United States, issuance to, Lost or stolen notes, 97.55. Protest on failure of, 98.13. Reserve in Treasury for, 9751. National currency, national bank notes not receivable for, 97.21. Property sold for non-payment of internal revenue tax, 5926. Land, 5923, 5924. Taxation, persons in military 30.78%pp. Treasury notes, 6475, 6476, 6481. United States bonds, 6823, 6829ff, 6829.g. Issued to postal savings depositors, etc., 7589, 7590. War-savings certificates, 6829l. REDEMPTION AND BANK NOTE ACT See Redemption. - Text of act, 9724, 97.26, 9757. RED RIVER, Steam-vessels on, regulations as to thick- ness of boilers, etc., 8197. Water gauges and daily observations at Alexandria, 9856. IRE-ENILHSTMHENT See Enlistment. RE-EXPORTATION Adulterated drugs or medicines, 5626. REFERENCE AND REFEREES service, Masters in chancery in general, see Masters in Chancery. Referees in bankruptcy, see Bank- Truptcy. Boards of referees to determine compen- sation of federal controlled transporta- tion systems, 31.15% c. Condemnation of rights of Way through Indian lands, appointment, etc., 4183. Controversy pending before ministers and consuls of United States in certain for- eign countries, 7643. . Court of Customs Appeals, 1182. Docket fees, 1378. Fees of United States commissioners, 1451. Referees, accepting bribe, 10303. GENERAL INDEX IPage 22861 [References are to sections, except where otherwise indicated.] REFORMATORIES See National Training School , for #: National Training School for irls. Confinement of United States prisoners, 10549. Investigation as to number of aliens in, 959. Parole of United States prisoners in, 10543. IREFORM SCHOOL FOR BOYS Name changed to National School for Boys, 9391. IREEDNDING ACTS See Refu/nds. Text of act, 6798, 6799(12), 6811, 6812, 6816. IREFUNDS See Drawback. custº; appeal from customs decisions, Training Drawbacks, 5720-5759. Duties erroneously collected, 5715, 57.16. Duties paid on equipments and repairs of certain vessels in trade on north- ern, etc., frontier, in certain cases, 5827. Permanent appropriations for, duties on goods destroyed, 6799 (23). Proceeds of unclaimed merchan- dise, 2799(27). Proceeds of sales of goods and vessels seized for violation of revenue laws in certain cases, 5781. Depositors to secure purchase of products, etc., of national forests, 5146. Lº Within but not part of forests, Fines, penalties, and forfeitures, 10136. Violation of immigration laws, 4289%t. Head tax erroneously collected, 958, 4289%aa. Income tax on corporations, 6336mſa]. interº, revenue, appropriation for, 6799 Assessments for deficient production by distiller, 6991. Estate tax, 63.36%h. Opium tax, applicability of 6287m. - Taxes, etc., erroneously collected, 5944. Effect of insurance, 5946. Limitations, 5951. Pºnent appropriation for, 6799 Taxes on distilled spirits upon de- struction, 5945. Tax on grape brandy withdrawn to fortify sweet wines accidentally de- stroyed, 6121. Wines, in case of payment under oth- er acts, 6110b [a]. National bank taxes or duty, excess of le- gal requirement, 9783. Patent Office fees, paid into Treasury by mistake, 9484. Permanent appropriation for refunding moneys erroneously received, 6799 (14). Postage, 7368. Proceeds of goods seized or sold, perma- nent appropriations, 6799 (26). Public debt, permanent appropriation for, 6799(12). Purchase money of public lands, where Sale is erroneously made and cannot be confirmed, 4771, 4772. Tonnage duties and light money to Cuban vessels, 7822. Tonnage duties, vessel becoming register- ed in United States, 7812a. United States bonds, securing circulation retired, 9800. IR£GATTAS Regulations to promote ing, 8231. Penalties for violation of regulation, remission, 8234. Transfer of authority of Secretary of Commerge to other department, 8233. TJse of public or private vessels to enforce, 8232. IREGENTS See Smith.Soºº.cºm, IºStitution. Smithsonian Institution, books from li– brary of Congress, 140. General provisions, 10566–10588. REGIMIENTAL AIDJUTANT Infantry, 1738a. REGIMENTAL SERGEANTS-MAJOR, £ngineer corps, 1842a. *; artillery, headquarters company, à. laws, Safety of life dur- REGIMIENTAL SERGEANTS-MAJOR (Cont'd) Infantry, 1738a. Recruiting depots, enlisted man detailed for duty to have rank, pay, etc., of, 2010a. REGIMENTAL SUPPLY SERGEANT Pay, 2144a. REGIMIENTS Artillery, chaplain of field artillery, 1868a. Field artillery, 1736a. Rºental organization discontinued, Atºments and transfers of officers to, Bands, cavalry, composition of, 1718. Infantry, headquarters company, 1738a. Cavalry, band, composition of, 1718. Chaplain, 1868, 1868a. Colored, 1723. Composition of, 1718. Number, 1717, 1717a. Chaplains, cayalry, 1877. Colored regiments, Field artillery, 1868a. Infantry, 1868. 1868a. Colored men, cavalry, 1723. Chaplains, duty as teachers, 1877. Infantry, 1740. - Field artillery, 1736a. duty as teachers, Chaplain, 1868. Intanº, band, headquarters company, a, Chaplains. 1868, 1868a. Colored, 1740. Composition of, 1738, 1738a. Number, 1717, 1717a. Porto Rico, 1745–1753a. Details of officers, 1999. Quartermasters to perform duties of Of- ficers of Quartermaster Corps, 1779, 1782. Reserve officers’ training corps, formation of 18811. Signal corps, 1867i. Transfers of officers to, 1896. Volunteer army, 2026c. REGISTER, See Official Register. REGISTERED BONDS See United States JBonds. Binding at Treasury department, 7157. Duplicates of lost, etc., how obtained, 6819, 6820. Exchºse issuance for coupon-bonds, 6821 • * 2% bonds for outstanding 5, 4, or 3% bonds, 6825. Panama Canal bonds, 6826, 6828. Postal savings depositors, issuance to, 7589 - REGISTERED MAIL General provisions, 7405-7412. Accounts to show amount from letters, False claims for loss of letters, 10394. Fees, 7408. Service of venire facias, 1256. Free registry, free mail matter, 7371. Letters containing currency, 7409. Official mail, 7376, 7408. Indemnity for loss, first class matter, 7405, 7406 Thirā’ and fourth class matter, 7407. Internal revenue stamps, transmission of, 34 5. Loss of, disposal of moneys recovered for, 7601. False claims for, 10394. Indemnity for, 7405-7407. Lotteries, return of letters to, 7411. Official, census matters, 7376. Post-Office Department letters, 7408. Receipts for delivery, when required, 74.10. Receipt to be prima facie evidence of de- mand for information as to cotton seed and products thereof, 4434c. Registration on application of party post- ing, 7408. Return of letters to lotteries, etc., 7411. Service by, partition bill against United States, 1579. Petition in suit against United States, 1576 Venire facias, 1256. System of registration, 7405. Transmission of internal revenue stamps to officers to be by, 6345. REGISTER OF COPYRIGHTS Appointment, 9569. Assistant, appointment, salary and duties, REGISTER OF COPYRIGHTS (Cont'd) Bond, 9571. Catalogue of copyrights prepared by, 9577. Certificate of, record of assignments fur- nished by, 9566. - Registration issued by, 9531. Deposit of fees received, 9570. Destruction, articles deposited, mined by, 9581. Original cards, 9577. Fees, 9582. Form of certificates of registration pre- pared by, 9576. Index of copyrights prepared by, 9577. Receipts for works deposited by, 9576. Record books, 9575. Registration and records of copyrights, deter-, 9568. Regulations for copying copyright entries made by, 9579. Reports, 9570, 9572. Rules for registration of claims made by, 95.74. Salary, 9569. REGISTER OF TREASURY Absence of, Assistant Register to act, 488. Temporary appointment of acting as- sistant, 489. Accounts, appropriation accounts, 6748. Certain accounts not kept by, 356. Acting assistant, temporary appointment of, 489. Appointment, 485. Assistant, 352, 487-489. Appointmént, 487. - Temporary appointment of acting assistant in absence of Register, 489. Duties, 488. Salary, 352, 487. Signing of official record, etc., 488. Business that cannot be engaged in, 377. Certificates of registry, cancellation of, 7751, 7755. Record of, 7739. Deputy register, office, abolished, 363. Documents relating to vessels transferred to Commissioner of Navigation, 891. Duties, 486. º Foreign owned vessels, record transmit- ted to, 7767. Licenses of vessels, copies for, 8082. Masters of vessels, changes reported to, 7752. - - - Records, certificates of registry of ves- sels, etc., 7739. Warrants, 478. Salary, 352, 485. Supreme Court reports for, 1203. Transcripts from books as evidence, 1498. Vessels, documents relating to transfer- red, 891. - - Exchanged enrollment, registry or li- cense of transmitted to, 8071. Foreign owned, record transmitted to, 7767. Masters, changes in reported to, Tºž. Record of certificates of registry, 7739. REGISTERS Army, 1924, 1934. Number of copies, distribution, 7989. Retired officers to be borne on, 2070. Names to be omitted, 2060. Burial in national cemeteries, 9371. Business liable to internal revenue tax. Death of persons paying occupation tax, 5964. Names of persons in service of foreign public ministers, 7613, 7614. ... e Navy, number of copies, distribution, 7080. Officers qualified for commission in volun- teer service, 2042. e * Removal of persons paying occupation tax, 5964. Trade liable to internal revenue tax, 5956. vessels, deposit with consul on arrival at foreign port, penalty for failure, 8056. REGISTERS AND RECEIVERS General provisions, 4469-4503. Affidavit of mistake in entry, with, 4780. Alaska, appointment, Salary, 4517. Application to, for purchase at private etc., filed sale, 4755. Approval of application po make cash homestead entry, 4490. Bond, 4471. Duration, 4456. Liabilities On, 4469. President may increase, etc., 6638. GENERAL INDEX [Page 22871, [References are to sections, except where otherwise indicated.] REGISTERS AND RECEIVERS (Cont'd) Bonds for protection of stock raising homestead entrymen, 4587i. Books of, to be examined, 6654. Certificate of entry under certificate of location, 5103. Charges against lands in state irrigation districts, delivery of list to, 4695b. Deposit in treasury by receivers, moneyS deposited by unknown parties, 4489. . Unearned fees, etc., 4487. Lists to be furnished with deposits, affidavits of expenditures Desert lands, With, On, and cultivation of, filed 4678. Declaration filed with, 4674. State irrigation districts, approval of map entered on records, 4695d. Including public lands, delivery of notices to, 4695g. Disqualification, 4497. Designation of officers to act in place of, 4498. Pºnents allotted to, Statutes at Large, 072. Duties, 4469. Transfer to surveyors-general, 4463. Expenses in Curred, 4480a. - 4480a, Appendix p. 1777. Forging Signature of, 10300. - Giving false information as to registry of land, penalty, 4495. Hºns over after expiration of term, 456 Homestead entries, approval of applica- tion to make cash entry, 4490. tº: of absence to homestead settlers, 45 Lists of drainage charges against public * in Minnesota certified to, 4971, Maps, etc., filed with, pipe Iines, 4950. National forest, plats and field notes of homestead entry, posting in office of, 5162. Railroad right of way, 4924. Reservoir sites, transmission to Secre- tary of Interior, 4941. Rights of way in Alaska, 5086. Surveyed lands, to be transmitted to, by surveyors-general, 4457. Townships and lists of land sold, 4478. Town-site, 4786. Wagon roads, etc., in Alaska, 5087. Notice of application to purchase lands in Alaska, 5091. Notice of location of coal lands in Alaska, filed with, 5071. Notice to commissioner of general land office of unlawful cutting of timber, 4990. Notice to, drainage proceedings in Min- nesota, 4976. Selections of lands by California, 4879. Farticular states, 4473 (12). Payments to, for desert lands, 4674. Under reclamation act, 4704. For sales of timber on national for- ests, 5127. Publication of notice, application for mineral land patents, 4622. Intention to make final proof of home- stead entry, 4538c, 4539. "Public moneys, duties as to, 6638. Receivers, to administer oaths without fee, 4494. To make returns and pay over mon- ey, etc., 4485. Marshals to be ex officio, at Nome and Fairbanks, 4520. Reimbursement of sums disbursed by, as special disbursing agents, 4481. Springfield, Missouri, office abolished, 4515a. Registers, to certify proceedings and judgment-roll in case of adverse claim to mineral lands to Commis- sioner, 4623. Clerks of district courts to be, ex tºf- ficio at Nome and Fairbanks, 4520. To examine books, etc., of receivers, Giving false information as to reg- istry of land, penalty, 4495. To keep record, make returns, etc., 4550. Production of records, etc., upon sub- poena duces tecum, 701 Separate certificates to purchasers of same section or fraction of land, 4770. Springfield, Missouri, to discharge du- ties of receiver, 4515a. frepayment of moneys deposited in treas- ury, 4490. REGISTERS AND RECEIVERS (Cont'd) Repayment of purchase moneys, excess moneys, etc., 4491–4493. Moneys paid on application after- wards rejected, 4491. * Reports and returns by, not to be dupli- Cated, 4486. Reports of expenditures for clerical serv- ices, 79. Residence, 4470. Salaries, fees and commissions, 4473. Commissions, in Alaska, 4521. Moneys under reclamation act, 4704. & Compensation to commence when, 4483. Fees, 4473. In Alaska, 4521. Consolidated land-offices, 4475. Depositions for use in hearings in land entries, 4475a, Appendix p. 1777. Excess paid into Treasury, 4477, 4479 Homestead entries, 4531. Note: of cancellation of entries, 448). Homestead claim, 4537. oº: administered without fee, 4494. Plats of townships, etc., 4478. Receiving illegal not to receive compensation for past serv- ices, 4482. Removal from office, 4482. Timber and stone lands, 4673. Transcript of records, 4474. Maximum compensation, 4476. Register at Springfield, Missouri, 4515a. Salary, 4472. Surplus fees, etc., in certain States *opriated to reclamation fund, 4700 Saline lands, taking testimony in refer- ence to, 4752. Tenure of office, 4484. Timber and stone lands, applications to purchase filed with register, 4672. Fees, 4673. Posting notice of application to pur- chase, 4673. Town-sites, entries in trust, declaratory statement, filing, 4792. Sale of town-lots, 4785. To take testimony as to excess entry, 4795. To transmit statement of fees, etc., paid by applicants for mineral lands, 4642. Vacancies in Office, 4496. Witnesses, 4499-4503. Depositions, 4502, 4503. Disobedience to subpoena, 4501. Fees, 4500. Subpoenas for attendance, 4499. REGISTERS IN BANKRUPTCY Subpoenas in contested congressional elec- tions, 167. REGHSTRATION See Copyrights; Registry of Vessels : Trade-Marks and Tradle-Naºves. Alien enemies, 7615. Alien immigrants, 963. Chinese laborers in United States, 4320, Citizenship, duplicates of evidence, etc., to be filed with the Department of State, 3964. Foreign women marrying citizens of former citizenship, 3961. Woman marrying foreigner of Ameri- can citizenship, 3960. Citizens of United States in China, 4330. Dead-letters containing valuables, 7420. Friendly aliens for army service purpos- es, 2044% (a)-2044% (c), Appendix p. 1757. Judgments, 1606. Manufacturers of white matches, 62.72. Opium, dealers, etc., 6287g. Selective draft, 2044e, 2044f, 20440, 2044.p. Stills under internal revenue laws, 5994. Tobacco dealers, 6175. Unstamped documents subject to inter- nal revenue tax, 6318k, Appendix p. 1780. REGISTRY OF WESSELS See Enrollment of Vessels : Recording of Vessels ; Un registered Vessels. Agents, false swearing, 7744. Registry by, 7742-7744. Altering registry, 10240. Bailing of property seized, 1564. phosphorus REGISTRY OF WESSELS (Cont'd) Certificates, blank certificates, 7738. Hºrsement of change of master, Issuance, 7739. New to refer to old, 7737. Surrendered certificates transmitted to treasury, 7755. Surrender in certain case, 7749. Loss or sale of vessel, 7723. Coasting trade, foreign built or regis- tered vessels admitted to American Registry, 7709aa. Collection district where made, 7719. Collectors of customs, registers to be kept in books by, 7736. Wilmington, 8091. Commissioner of Navigation, duties con- Cerning, 891. Consular officers, provisional certificates of registry, 7709a. Denial to vessels violating regulations, Deposit with consul at foreign port, 8055. Domestic trade vessels, fees, 8137 Draft marked upon vessel, 7760. Fºnse for enrollment or license, 8070, Fees, 8136-8138. Collectors, 7770. Exemptions, 8146. Surveyors, 7771, 8095. Vessels in domestic trade, 8137. Foreign built steamships, 7710-7712. Forfeitures and penalties, agents swear- ing falsely, 7744. Failing to mark name and port on vessel, 7758. Failure to obtain new registry, 7750. Falsely representing qualities of re- pairs on wrecked vessels, 7714a. False oath for registry, 7721. Fraudulent registry, 7775. Illegal granting of documents relating to, 81.28. Malfeasance of officers, 8129. Misconduct by officers, 7773. Neglect by officers, 7774. Obstructing officers, 8131. - Sale to foreigners not reported, 7753. Swearing falsely by agents, 7744. Forging registry, 10240. Form of register, 7736. Variations from, 7737. Hawaiian vessels, 3734. Home ports, of documented vessels to be marked on bow and stern, penalty for failure, 7758. Licensed or enrolled vessels, engaged in domestic commerce, on proceeding to foreign port, 8086. Whale-fishery, 8088. Measurement, 7725–7729. Ascertainment of tonnage, 7730. Foreign vessels for tonnage, 7735. Remeasurement, 7731. Name, change of, 7762–7764. Former name, 8082. Marking on bow and stern, penalty for failure, 7758. New register, failure to obtain, 7740. Purchaser in another district, 7740. Replacement of one lost or destroyed, Sale or alteration of vessel, 7751. Numbering registers, 7756. Numbers for registered vessels, for failure to display, 7757. Oaths, intents of register upon entry, 7754. Loss of certificate, 7748. Registry by master, 7722. Owner, 7720. Penalties and forfeitures, agents swear- ing falsely, 7744. Failing to mark name and port on vessel, 7758. Failure to obtain new registry, 7750. False oath for registry, 7721. Fraudulent registry, 7775. Illegal granting of documents relating to, 8128 Malfeasance of Officers, 8129. Misconduct by officers, 7773. Neglect by officers, 7774. Obstructing officers, 8131. Sale to foreigners not reported, 7753. Swearing falsely by agents, 7744. Permits to transport foreign merchandise across New Jersey and Delaware, 8115, 8116. “Port” defined, 7759, penalty GENERAL INDEX [Page 2288I [References are to sections, except where otherwise indicated.] REGISTRY OF WESSELS (Cont'd) Privileges, foreign merchandise transport- ed from one district to another, pro- visions for licensed vessels applica- ble to, 81.14. Registered vessels may touch at for- eign ports, etc., 5838, 5839. Registers to be kept in books by collec- tors of customs, 7736. - Remeasurement, 7731. Reports by Bureau of Foreign and Do- mestic Commerce, 886. Sea, going barges, certificate of inspection as condition to, 8180. w Seizure, bailing of property, 1564. Forfeiture procedure, 1549. Sale after condemnation, 1565. Suits for penalty or forfeiture to be brought in name of United States, 1545. Surrender of certificate, duplicate in place of original, upon arrival within district to which vessel be- longs, 7749. - Loss or sale of vessel, 7723. Surrendered, certificates transmitted to treasury, 7755. Surveyors at ports, Cold Spring, Green- port and Port Jefferson, 8094. Fees, 8095. Tonnage ascertained by measurement, 7730. United States Shipping Board Act, 8146e, Appendix p. 1789. . . * United States vessels' defined, 7707. Vessels entitled, 7709. American vessels sailing under for- eign flag during rebellion not enti- tled to, 7714. - Nationalization of vessels in Alaska, 7718. Owned by corporations, 7715–7717. Purchased vessel, 7740, 7741. Resold to citizens after sale to for- eigners, 7746. Sold abroad to citizens, 7747. TJnited States Shipping Board Act, 8146e. TJnited States vessels, defined, 7707. Vessels sold under legal process, 7745. Wrecked vessels, 7714a. REGULAR ARMY See Army. Branch of army, 1715, 1715a. Defined, 1716. - Privileges on account of service ifi, 1935. IREGULAR, AIRMY RESERVE Assignment, ammunition batteries battalions, 1736a. Artillery parks, 1736a. Depot batteries and battalions, 1736a. To regular army, 1892b. 1892b, Appendix p. 1750. Auxiliary to, creation of, 1891. Composition, 1892a. Departments of government may be util- ized in connection with, 1892d. Enlistment in force at Outbreak of War, term, 1892b. Field training expenses, etc., 1892b. 1892b, Appendix p. 1750. Furloughs from regular army, 1891a. Pay, 1894. Re-enlistment, 1891a. Officers’ reserve COrps, 1892b. 1892b, Appendix p. 1750. Part of regular army, 1717a. Pay, 1892b, 1892c. 892b, Appendix p. 1750. Upon furlough from regular army, 1894. Quarters, 21.18aa, Appendix p. 1758. Regular army composed in part of, 1717a. Regular army officers, assignment to, 18 - t and b. 1892b, Appendix p. 1750. Retirement or retired pay, to, 1892c. IREGULATIONS See Rºwles ; Secretary of Treasury. See, also: the specific titles. 47tchorage regulations, see Anchorage. Prevention of collisions, see Collision. Alº Coal land surveys, leases, etc., 78r. Allotments of pay by persons in military or naval service, 514oo. Anchorage regulations, 9947-9959. Army, articles of war, 2308a–2308d. Courts-martial, procedure prescribed by president, 2308a, art. 38. assignment to, not entitled REGULATIONS (Cont'd) Army (Cont'd) Disciplinary powers of commanding officers, 2308a, art. 104. Government of, 2308d. Medical reserve corps, subject to, 1818. Officers’ reserve corps subject to, 1881b. Unauthorized absences, 2104a. Volunteer forces, Organization, Subject to, 2026c. Bºu of Mines, investigations, etc., of, California, Débris Commission, 10005. Canal Zone, police and sanitary, 10031. Right to remain on, 10051j. Capitol, preservation of peace in, 3393. Chief of engineers, District of Columbia, Conduit Road traffic regulations, 3322a. Civil Service, 3272. Admission to, 32.13. Collection of customs, etc., 553. Collection of internal revenue, 6349-6349b. Commissioner General of Immigration, Common carriers to prescribe, 8563. Conduit Road, traffic regulations, Consular officers, 32.12. Contracts ſor supplies, 6833. Cotton futures tax, 6309e. - Cancellation of stamps, 63091. Enforcement, 63091m. Courts of inquiry, procedure of, 3322a. 2308a, art. 38. Courts-martial, procedure of, 2308a, art. Cuban trade, uniformity, 5325. Deposit of unallotted pay on persons in military or naval service, 514000. Desert lands, irrigation projects, Secreta- ry of Interior, 4714e. Diplomatic officers, 3212. Director of war risk insurance, 514kk. District of Columbia, wharves in, 3364, 3365. Draw bridges over navigable waters, pen- alty for violation, 9973. Dumping of dredgings, etc., 9926. Education of enlisted men additional to military training, 1988a. Estate tax, 6336%m. Explosives, manufacture, 31.15%.ii. * * * Family allowances to persons in military or naval service, 514OOOO. Federal Farm Loan Board, consolidation of associations, 9835t(5). - Farm loan bonds, 9835k (2, 4), 9835m . Sale, etc., Reserves, investments, 9835m (2). Federal trade commission, 8836f(7g). e Geological Survey maps and atlases, dis- posal of, 779. Grain standards, inspection, 87.47%.C. Power to make, 87.47%g. Heads of departments to make regula- tions concerning property returns, 442. House office building, 3383. Hydrographic office, purchase of plates and copyrights for, 7.147. * † e Importations, involving discrimination, Secretary of Treasury to make, 88360. Indian affairs, Indians in territories, 3426. Management of, 716. President may prescribe, 723. Insane hospital, 9325, 9332. Patients’ funds, 9295. Interior Department, ords, etc., in, Practice before, 684. Interstate Commerce Commission, physi- cal valuation of property of Common carriers affected, 8591. Irrigation projects, Secretary of Interior, 4713h. Lists of enemy or ally of enemy officers, directors or stockholders of Corpora- tions, 31.15%d(a). Marine Corps, 2942, 2947, 2948. Military academy, appointment from ar- my and national guard, 22.30a. Appointments, increasing, 2230b. Military tribunals, procedure of, 2308a, art. 38. Mineral resources on national forests, 5187a. Munitions tax, 63.36%m. National cemeteries, appraisement of land for, 9363. Mexico City, cemetery, 9375. Navigable waters, use of, 9862a-9862d, Ap- pendix p. 1798. 2026b. inspection of rec- REGULATIONS (Cont'd) Naviºn, Ambrose channel, New York, 9932. South and southwest passes of Mis- sissippi river, 9.931. Nº. articles for government of, 2961- Operation of coal and coke plants, requi- sitions by government, 31.15%q. Operation of factories, etc., requisition- ed, 31.15%jj. Ordnance contracts, 6854. Marine Corps, 2942, 2947, 2948. Organization and procedure of selective draft boards, 2044d. Panama Canal, operation, 10041. Proclamations, 1651. Zone, 10031, 10051a–10051k. Patent-Office proceedings, 745. Porto Rico, accounting for public funds in, 3803gg. Postmaster General, plant inspection, co- operation with state inspection, 87.64c. Postoffice Department, purchase of Sup- plies for, 579. Practice, Interior Department, 684. Treasury Department, 385. Procedure for courts-martial, courts of inquiry and military commissions, 2308a, art. 38. Prospecting potassium lands, 4640e. Public documents, printing for Congress, Sale of duplicate plates, 7020. Public grounds, 3357. Public printer, advancement of money to, 6984. Receipt of treasury notes, etc., 384. Red Cross Association, issuance of Sup- plies, etc., to, 1963b. Rights of way for pipe lines through In- dian reservations, etc., 4192. Rock Creek Park, care and management of, 3360. St. Mary’s River, water power on, 99.89. Sales of liquors in or near military camps, 2019a. Secretary of Agriculture, food. etc., Con- servation act, 31.15%bb. Importation of tick infested animals for immediate slaughter at ports of entry, 8689a. Rural post roads, 7477c, 7477i. Secretary of Commerce, appeals from in- spection of steam vessels, 82.14d. Secretary of Interior, desert lands, springs, etc., protection, 4684f. Engrossing and recording of land pat- ents, 707. Homesteads, election by husband, 4538a. Irrigation projects, 4713h, 4714e. Return. Of documents used in evi- dence, 701. - Stock raising homestead entries, 4587k. Secretary of. Navy, issuance of Supplies, etc., to Red Cross Association, 1963b. Secretary of Treasury, see Secretary of Treasury. Secretary of War, accounting for army supplies and property, 1951a. Anchorage grounds, 9959a. Disciplinary Barracks, 2458a.(3). Employment, etc., of offenders, 2458a (5). Examination of electricians, 1726. GOVernment pier in Delaware Bay, public use of, 9839a. Instruction of enlisted men, 1988a. Issuance of quartermaster supplies to military instruction camps, 1963d. Issuance of Supplies, etc., to Red Cross Association, 1963b. Military reservations, use by Red Cross Association of buildings on, 1989a. Navigable waters, 9861–9862a. Red Cross Association, use of build- ings on military reservations, 1989a. Sale of military stores, etc., to edu- cational institutions, 2295a. Sitka, wharf, collection of charges for use of, 6929. f Standard time, 8907s. Supreme Court’s appellate (Const. art. 3, § 2, cl. 2). Through routes and rates, 8563. Timber floating on navigable Waters, 9927–9936. Trading with enemy, 31.15% c. Treasury Department, practice before, 385. jurisdiction GENERAL INDEX [Page 2289] [References are to sections, except where otherwise indicated.] REGULATIONS (Cont'd) - United States canals, use of, enforcemen of, 9862. Use of, speed of vessels, etc., 9861. United States Shipping Board, 8146b. Lease of vessels, 8146.e. Vessels in ports of United States, 9959%a- 9959%d. - War Department, bids for contracts un- der, 6843 - Warehousemen, agricultural power to make, 87.47% n. Warrants, time of issuance of, 425. Water power on St. Mary’s River, 9.989. Wharves, construction and rental in Dis- trict of Columbia, 3365. District of Columbia, 3364. products, Sitka, Alaska, collection of charges for use of, 6929. IREHEARING Board of General Appraisers, 5593. Interstate Commerce Commission, 8585. IREHN HD, FEER, Alaska, sale, etc., 3613a, Appendix. p. 1775. Provisions of meat inspection law ex- tended to, 8681a. IREISSUE Federal reserve notes, 9799(6). Gold certificates of deposit, 6566, 6567. Minor coins, 6496. Patents, appeals, 9454, 9455. Grounds for and effect, 9461. Inventor to sign application and spec- ification of assignee, 9439. Treasury notes, 6475. Redemption, 6481. United States notes, 6557, 6558. Legal-tender notes, 6562. ' TREE, ADING Vessels in distress, 5586. RELATIONSHIP Court officers to district judge, 1049. District judges, 987. Registers or receivers, 4497. RELEASE Attachment of property in which United States claims interest, 6950. Claims due Post-Office Department, 601. Employés of Panama, railroad, condition to recovery under Employés’ Compen- sation Act, 8932u. Imported merchandise seized under cus- toms laws, 5784. Lands of United States, interest of gran- tees to whom conveyed in trust, 6949. Payment of debts for which acquired, 6947. disqualification, Property seized for violation of embar- go on exports. 7678j. Saline lands, 4752. Seamen's wages, 8341. Setting aside, 8322. Sureties on bonds of postmasters, 7195–7197. RELHIEF See Soldiers’ and Sailors’ Civil Relief. RELIEF AND PROTECTION OF SEA- MEN General provisions, 8343-8376. Consular officers not to receive profit from, 3177. REH_{G}{{} N Establishment prohibited, 3810 etc., Philippines, Porto Rico, 3803aa. REH, IGIOUS SCHO}{}LS Appropriations for vocational education, not to be used for, 939.0%l. RELIGHO3"S SOCIETIES See Ch'u'rches. Exemptions, corporation tax, 6300. Income tax, 6327, 6336|Kſa]. Internal revenue tax on admissions, etc., 6309%a. Militia duty, 3043. Selective draft act, members of cer- tain societies, 2044d. Fairs and exhibitions, act authorizing Special excise tax not applicable to, 5980h. Indian lands, confirmation of occupancy, Missionary stations in Alaska, 5094, 5095. Postage on second class mail, matter of, 7358b. - - Town site lots in Oklahoma, 5031. CoMP.ST.’18–144 RELIGIOUS TEACHERS Immigration, 4289%b. RELIGIOUS WORSHIP Military academy, 2282. Navy, form, 2542. RELANQUISHMENT Alaska, coal lands, 5078c. Desert land entries in excess of 160 acres Within exterior limits of land Withdraw- al or irrigation project, 4724. Desert lands, entries withdrawn from ir- rigation projects, 4714h. Lands required for reclamation work, other entries, 4721. Mount Rainier National Park lands, 5225. Patent to public lands for mistake, 4778. Private land claims including historic land marks, structures, etc., 5279. Railroad lands erroneously patented, 4896. Swamp lands in Arkansas, 4969. Wind Cave National Park lands, 5235. RAEWHANTO Capital cases, 1703. Court of Customs Appeals, 1185. Suits removed to district courts, 1019. REMARRIAGE Widows, effect as to pensions, 8977, 9027, 9028, 9036, 9053, 9058. Restoration of 'pensions on renewed widowhood, 8981b, 8993, 8994. REMISSION See Albatement ; Refunds. Customs duties assessed on materials used in repairs of vessels in foreign ports in certain cases, 5827. Disciplinary Barracks, sentences of offen- ders, 2458a (7). Fines, 10501. Erroneous, 10136. Fur-bearing animals, relating to, 8852. Informers’ rights, 10135. - Investigation under Secretary of Treasury’s regulations, 101.31, 10134. Motorboats, violation of regulations relating to, 8285. Post office department, due to, 601. . Summary investigation before district judge, 10130, 10132-10134. Vessels, incurred under laws relating to, 10135. Forfeitures, courts-martial 2308a, art. 50. Erroneous, 10136. Fur bearing animals, relating to, 8852. Goods seized for violation of revenue laws, 5781. Informers’ rights, 10135. Internal-revenue laws, 5781, 6363. Investigation under Secretary of Treasury's regulations, 10.131, 10134.” Post office department, due to, 601. Summary investigation before district judge, 10130, 10132-10134. • Vessels, incurred under laws relating * to, 10135. Seized for violation of revenue laws, 5781. Internal revenue assessment for deficient production by distiller, 6091. Internal revenue, opium tax, 6287m. Penalties, 10501. Barges, failure to report accident to, or loss of, 7978a. Carrying on coasting trade or fishery without enrollment or license, 8126. Erroneous, 10136. Failure to number undocumented ves- sels, 8095d. Failure to surrender certificate of reg- istry of vessel, 7723. Fºur-bearing animals, relating to, 8852. By governor of Porto Rico, 3803ddd. Informers’ rights, 10135. Investigation under regulations of Sec- retary of Treasury, 10.131, 10134. Merchant seamen shipping laws, 8390. Post-Office Department, due to, 601. Recognizances, 1684. Summary investigation before district judge, 10130, 10132-10134. Vessels, failure to report accident to or loss of, 7978. Incurred under laws relating to, 10135. Violation of immigration laws, 4289%d, 4289%h, 4289%ss, 4289%t. Violation of regulations to preserve Safety during regattas or marine parties, 8234. Poor convict’s discharge, 1706. 1010, sentence, REMISSION (Cont'd) Sentences, court-martial, 2308a, arts. 50, 53, 3001, 3024, 3025. Deck court, 2990. Offenders at disciplinary barracks, 2458a (7). - Punishment by commanding officers, 2308a, art. 104. REMOUNT DEPOTS Details from army, 2014. Organization, 2026c. REMOVAIL See Criºlinal Procedure. Obstructions to navigation, see Navi- gable Waters. Office, see Offices and Officers ; Remov- all from Office ; and the titles of par- ticular offices. Swits from state courts to United States courts, see Removal of Cawses. Alien enemies, 76.15-7618. Bridges obstructing navigable 9964, 9965. Disability to hold office, 3219. District clerks, attorneys and marshals from district, 1332. Grave-stones, in national cemeteries, pen- alties, 9376. Monuments, parks, 5284. Offices, cost reported to congress, 3256. From Seat of government in case of epidemic, 9180. Persons from Indian country, 4150. Penalty for return, 4151. Tribal reservations, 4152. Use of military force, 4150, 4153. Public records, 10297, 10299. South Ute Indians to new reservation not affected by act relating to allotments in severalty, 4210. - Survey marks, punishment, 10224. Timber, live-oak or red-cedar, 4980-4982. ": in National Cemeteries, penalty, Water power works, etc., on St. Mary’s River, 9.989. REMOVAL FROM OFFICE Assistant secretary of Smithsonian Insti- tution, 10573. Canal Zone officials, 10040. Capital Issues Committee, Census enumerators, 4398. Civil Service, commissioners, 3271. |Employees, 3272, 3287. Clerks, Court of Claims, 1130. District clerks, failure to make report, certificate, etc., 1328. House of representatives, non-certifi- cation of pay rolls of employés, 69. Comptroller of Currency, 496. Departmental officers for unlawful em- ployment of clerks, etc., 250. Deputºlerks, circuit courts of appeals, Waters, etc., in national military 31.15%kk. District courts, 971. Supreme Court, 1197. Deputy land surveyors, 4457. Deputy marshals, 1304. Acting as attorneys, etc., 1251. Directors of War Finance Corporation, 31.15%b. Door-keeper of house of representatives, Hºncertification Of pay rolls of employes, Federal reserve bank officer, 97.94(f). General land office, clerks, etc., purchas- ing, etc., public land, 698. Government agents and employees having interest in Indian contracts, 6893. Governor of Porto Rico, 3803ii. Grounds, exchanging public funds, 6655. Expenditures beyond appropriations, etc., 6776. Trading in public property, 10272. Violation of civil service laws, 3285. Withholding public money, 6611. Impeachment, authorized by (Const. art. 1, § 3, . cl. 7). Interstate Commerce Commissioners, 8575. Janitors to House committees, 73. Lºrian for House of Representatives, Licensing officers for manufacture, sale, etc., of explosives, 31.15%ff. Marshals and deputies acting as attor- neys, etc., 1251. Meat inspectors, 8681(20). Mississippi River Commission, 9994. Officers in District of Columbia failing to enforce liquor law, 34.21%0. GENERAL INDEX [Page 2290] [References are to sections, except Where otherwise REMOVAL FROM OFFICE (Cont'd) Officers of United States, impeachment (Const. art. 2, § 4). Officers sued in official capacity, 1594. Płº Canal and Canal Zone officials, 1. º Postmaster General by President, 567. Postmasters, 7190. Bonds delivered to Auditor, 7.193. House of representatives, non-certifi- cation of pay rolls of employés, 69. Illegally approving bond, 10392. Fremº; impeachment (Const. art. 2, Vice President, etc., to discharge du- ties of (Const. art. 2, § 1, cl. 5). Purchasing agent for Post-Office Depart- ment, 579. - Registers and receivers, 4496. Receiving illegal fees, 4482. School officers and teachers, failure to ;" effect of alcohol and narcotics, 380. Secretary 10573. Selective draft boards, 2044d. Sergeant-at-arms of house, 103. Non-certification of pay rolls of em- ployés, 69. Shipping commissioner, 8287. United States commissioners, 1333. United States Tariff Commission members, 5326a. Vice president, impeachment (Const. art. REMOVAL OF CAUSES See Remand ; Transfer of Causes. General provisions, 1010-1021. Aliens, suits by, 1016 Amount in controversy, suits under grants of land from different states, 1012. Attachment bonds, orders, etc., remain valid, 1018. Attorney’s ‘fees, 1378. Bond, 1011. Cause against persons denied civil rights, 1013. Certiorari, bringing up record, 1015, 1021. Citizenship of parties, 1010. Civil rights denied, 1013. Petitioner in actual custody, 1014. Common carriers, injuries to employees, of Smithsonian Institution, 8662. Constitution of United States, suits under, 1010. Defendants, several, 1010. Dismissal, 1019. e Cause against person denied civil rights, 1013. s District, containing more than one divi- sion, 1035. District Court of Porto Rico, 3803r. Equity cases, 1010. Federal controlled transportation tems, actions against, 31.15% j. Habeas corpus, 1015. Hawaiian courts, 3727. Land grants from different states, suits under, 1012. Laws of United States, suits under, 1010. Local influence, 1010. Non-residence, 1010. - Notice of petition and bond, 1011. Officers of House or Senate sued in official capacity, 117. Petition, 1011. Pleading, amendment to show diversity of citizenship of parties, 1251C. De novo, 1021. After removal, 1011. Porto Rican courts, 3785. Prejudice, 1010. Procedure, causing removal, 1011. Subsequent to removal, 1020. Suits against revenue officers, 1015. Railroads, suits against, 1010. Record, copies refused by clerk of State court, 1013, 1017, 1021. Return, enforcement, 1021. Time for filing, 1021. Remand, see Remand. Revenue , officers, suits and Drosecutions against, 1015. sºlºers, etc., actions against, 2308a, art. 7 Suits removable, 1010; 2308a, art. 117. Time for, 1011, 1035. Treaties, suits under, 1010. RENDERING TESTABLISHMENTS See Meat Inspection. Meat inspection, 8681, SyS- etc., | RIENEWAL Copyrights, 9544–9545. Licenses, enemy or ally of enemy in Sur- ance companies, 31.15%bb. Officers of steam vessels, 8209. Trading with enemy, 31.15%.C. Vessels, 8073. Trade-marks, certificates of registration of, 9497. RENOWATED BUTTER, Internal revenue tax, amount, 6237. Butter defined, 6233. Definition of, 6233. Inspection, 6239. Interstate commerce provisions appli- cable to, 6239. Manufacturers, amount, 5978. Bonds, new sureties, etc., 6234. Books, 6234. Inventories, 6234. Laws applicable, 5978. Non-payment of as offense, 5968. Returns, 6234. Signs to be displayed by, 6234. Statement of business, 6234. Who are, 5978. Marks and brands, 6239. - Offenses, carrying on business of man- ufacturer of or dealer in without payment of tax, 5968. Failure of wholesale dealers to jº books and render returns, 1. Violations of regulations as to marks, brands, etc., as to inspec- tion, 6239. Retail dealers, amount of tax, 5978. Who are, 5978. sºry regulations applicable to, 240. Stamps, laws applicable to as to de- struction, sale, accountability, etc., 6237. Tax to be paid by, 6237. Wholesale dealers, books, returns, penalty, 6241. Transported into state, etc., subject to police powers, 8740. IRENT See Leases. Buildings in District of Columbia, appro- priation necessary, 6930. Instead of others rented, 6931. Canceling machines, 7262, 7263. Children’s Bureau quarters, limitation, Commerce, Department quarters, 861. Consular offices, 3159. . Estimates, 6698. Department of Justice, building for, 6933a. I)epartment of Labor, building for, 6933b. Estimates of buildings rented, etc., state- ments in, 6682-6684. Federal farm loan board, appropriation for offices, etc., 9835x. º Federal Trade Commission, offices, 8836b. Gas governors for public buildings, 3331b, Appendix p. 1775. Justice Department, building for, 6933a. Labor Department quarters, 936, 6933b. Land offices, allowances for consolidated offices, 4512. Marshals, allowances for, 1387. Navy department, building for, 6933. Post Office boxes, accounts to show ex- penditures for, 7598. Allowance for, 7230. Lock boxes, 7602. Prepayment, receipt, 7352. Post-offices, 7230. Assignment of claims, 6384. Building unfit for use, 7258. First class, 7259a, Appendix p. 1786. Second class, 7259a, Appendix p. 1786. Third class, 7259. 7259a, Appendix p. 1786. Protection of persons in military or naval service, 30.78% ee. Public building sites, etc., 6928. Railway mail service, building for in con- nection with fixing rates, 7482a (30b). Reclamation Service Offices, 4743. Rural post roads, buildings for use in connection with, 7477h. Sºse accommodations for departments, 6932. Surveyors-general, allowances for, 4461. Payment, 4462. Temporary quarters, appropriations avail- able for use in, 6934-6936a. - indicated.] RENT Cont'd) Unproductive lands or property of United States acquired for debts, 6942-6944. Warehouse Act, appropriation for, 8747% oo. & Wharves in District of Columbia, 3365. REORGANIZATION Customs service, 5327, 5327a. \ REPAIRS * Appropriations for availability for use in temporary rented quarters, 6934. Government wharf at Sitka, Alaska, 3612a, Appendix p. 1775. Materials of, for vessels in foreign coun- tries, duties on, and refunds and remis- Sion in certain cases, 5826, 5827. Naval vessels, 2781-2785. Reports and estimates of, 650, 651. *::::: buildings, reports of, in estimates, Railroad cars in interstate commerce, 8621, Standard weights and measures, 8901. Steam Vessels, inspector of another dis- trict may order only when conditions are changed, 8217. Local inspectors of, 8219. Penalty for failure to make, 8216. Requirements by inspectors, 8215. Temporary rented quarters, 6934. Treasury building, 6908. Vessels, lien, 7783. Lighthouse service, 8430. Materials for in foreign countries, du- ties, refund, etc., 5826, 5827. Naval, 2781-2785. 2781aa, Appendix p. 1764. Reports and estimates of, 650, 651. Oath as to payment as prerequisite to license or enrollment, 8079. Steam vessels, inspection, 8215-8219. Wrecked vessels, for purpose of reg- istry and enrollment, 7714a. REPAIR SHOP Panama Canal, 10042. REPARATION See Common Carriers ; Interstate Com- 777, erce Commºn.ission. Injuries to property of Łndians by white man, payment where offender is unable, 4157, 41.58. RTEPATRIATION Expatriated citizens, 4352(12). REPEAL Act authorizing temporary restraining or- ders without notice, 1243a. Acts done not affected, 10594. Acts not repealed, injunctions based on unconstitutionality of state statutes by provision for temporary restraining or- ders, 1243a. Alaska, license tax on railroads, 3593e. Articles of war, acts done not affected, 2308C. 4. Bºne laws by Federal Reserve Act, Compensation, statutes inconsistent with legislative, executive and judicial ap- propriation act for 1915, 3228a. Cotton futures tax, Act of Aug. 18, 1914, repealed, 630911. Pending rights and liabilities under previous act saved, 6309 u. Criminal laws, pending actions, etc., not affected, 10516. Offenses committed before prosecution, 10595. Writs of error by United States not affected, 1704a. Cºney laws by Federal Reserve Act, Effect of, 13, 14. Criminal laws, 10516, 10595. Immigration laws, 4289%u. Limitation of actions, 10596. Naturalization laws, 4352aa. Previous acts and, rights unaffected, repeal, * Limitation, acts of, how affected, 10596. Migratory game bird act, repeal of in- consistent laws, 8837k, Appendix p. National bank reserve fund requirements, etc., 9802. Revised statutes, acts embraced in, 10593. Acts passed Subsequently to have full effect, etc., when in conflict with, etc., 10598. Senate resolutions authorizing payment from contingent fund, 109a. GENERAL INDEX [Page 2291] [References are to sections, except where otherwise indicated.] REPEAL (Cont'd) - State repeals of laws not to affect pun- National Park, 5230c. In Glacier National Park, 5248c. In Mount Rainier National Park, 5227C. Wested rights unaffected, 10594. REPLEVIN Property detained, etc., under authority of revenue laws not subject to, 1560. IREPLICATION Affirmative matter in answer, 1251b. Equitable defenses, 1251b. REPORTERS See Supreme Court of United States. Stenographic reporters, see Stenogra- p hers. Committees of House, compensation, 78. Court of Customs Appeals, 1183. cºts-martial, army, 2308a, arts. 19, ishment of Offenses in Crater Lake House of Representatives, appointment, approval by Speaker, 77. Compensation, 78. Senate, Congressional Record for, 7090. REPORTS See Interstate Commerce Com/mission : Postmaster-General : Public Printing and Binding ; Returns ; Rivers and Harbors ; Secretary of Agriculture : Secretary of Navy, Secretary of State ; Secretary of Treasury, Sec- retary of War; Swpreme Court of United States. t Geological swrveys, see Geological Sur- ºvey. Secretary of Interior, see Secretary of Interior. Abridgment of, preparation, and printing, number of copies, distribution, , 7089. Academy of Sciences, number of copies, distribution, 7077. Accidents, barges, 7978a. Railroad, 8637, 8642-8646. Vessels, 7975, 7977. Adjutant-General, recruit depots, 2026g, Adjutant-Generals of state militia, 3053, 3053a, 3078a (31). º Advisory committee for aeronautics, ex- penditures, 3115.j. Agriºral Colleges, officer receiving Federal appropria- tions, 8877d. To Secretary of Agriculture, 8873. ... Agricultural Department, co-operative agricultural extension work, print- ing distribution of copies, 8897a. Expenditures, 837a. For experiment stations, extension work between agricultural col- leges, 839a. Field operations of Soils Division, number, advance sheets, distribu- tion, 7096. - Investigations, 838b. Purchase and maintenance of passen- ger carrying vehicles, 814b. Transmitted free, 7380. Agricultural experiment stations, 8881, 8890, 8892, 8893, 8895. Aircraft board, 3115*/32e. Alaskan railroads, etc., 3593c, 3593d. Alien enemies, 7615. Aliens illegally landed, 4289%t. - American Historical Association, addition- al copies, 7121. Distribution, 7079, 7121. Number of copies, 7079. American National Red Cross, 7702. Animal Industry bureau, number, distri- bution, 7055. Appraisers of abandoned military reserva- tion lands, to secretary of interior, 5004. Appropriations to which cost of printing and binding to be charged, 7164, 7166. Army, shotments Of pay by enlisted men, 2170. 7134, Purchases of Supplies exceeding cer- tain amount, 6853. Assistant appraiser of customs at New || York to appraiser, 5349. Attorney-General, 560-566. Expenditures for cotton factories at United States Penitentiary at At- lanta, 10563g, Appendix p. 1800. Judgments of Court of Claims, 1174. Auditors, Navy Department, 454. Outstanding liabilities, 484a. Porto Rico, 3803gg. disbursements for, REPORTS (Cont'd) Auditors (Cont'd) Post-Office Department, 419, 463. Receipts of fourth class post of- fice for purpose of assigning to another class, 72.18a. War Department, 420a(k), 454. Authority to print, lapse of, 7036. Bank examiners, 9832. Bankruptcy statistics, 9637, 9638. Banks, Federal Reserve, 97.94(a). National, 9772, 9774, 9776, 97.77. Barges, accidents to, 7978a. Binding, appropriations to which charged, 7166 Distribution to libraries, 7154. Boards, to determine compensation of federal controlled transportation Sys- tems, 31.15%.C. Engineer officers, river and harbor improvements, 9868. Through chief of engineers, 9863. Engineers, control of floods, 10030%.C. Federal Board for Vocational Educa- tion, 9390%.cc, 9390%.m. Lighthouse, 8443. Managers of National Home for Vol- unteer Soldiers, 7133, 92.70–9273. Naval officers, requisites, 26.97f. Ordnance and Fortification to Con- gress, 3112. Regents of Smithsonian Institution to Congress, 10585. Salaries of officers and employés, 10586. State Boards for Vocational Educa- tion, 939.0%dd. Survey, to value seized vessels of alien enemies, 8146s. Trustees of postal savings depositories to Congress, 7580, 7581. Visitors, insane hospital, 9300. Military academy, 2250. Naval observatory, 662. Boy Scouts of America to Congress, 9390h. Bureaus, Animal Industry, number, dis- tribution, 7055. Chiefs of, 7163. Children’s, 965, commerce coasting trade included in, 882. Exports and imports in Warehous- es reported by, 884, 885, 887. Interstate and foreign commerce, construction and operation of railroads, etc., 883. * Merchandise in transit through United States, 887. Vessels registered and enrolled, Efficiency, 3286e, 3286f, 3286g, .3286h, 3286j, 86R. Ethnology, printing, number of copies, distribution, 7061. Immigration, printing, number of cop- ies, distribution, 7137. Labor statistics, 945. Mines, director of, 785. Standards, director of, 785. Statistics, submitted to Congress by Secretary of Commerce, 868, 869. Supplies and accounts in navy depart- ment, to Congress, 626. To Secretary of Navy, 627. California Débris Commission, 10011, 10024. Conference with state commission, 10028. Capital Issues Committee, 31.15% n. Capitol apparatus, etc., transferred by superintendent, 3380. Cattle diseases, 7097. cºlºrship of mails, 7546a, Appendix p. Census, eleventh, distribution of, 7043. Chaplains, 1879. Navy, 2543. Chief clerks, Court of gress, 1134. Executive Departments, 256, 257. Chief of Engineers, 3327. Board of engineer officers to report through, 9863. Delivery to public printer, 9873. Expenditures for removing obstruc- tions from Mississippi river, 9894, 895. Ohio river, 9898. Printing with index, 9873. Receipts from Water power leases, 9986–9991. Settlement of claims from collisions With river and harbor improvement Claims, to Con- vessels, 9899. REPORTS (Cont'd) Chief of Engineers (Cont'd) Statement to accompany, 9857, 9860. Usual number of copies to be printed, Chief of ordnance, tests of iron and steel reported to, 3110. Chief of Signal-Service, 329. Usual number to be printed, 7075. Chiefs of bureaus, heads of departments # direct, whether to be printed, 163. Number of copies, binding, 7163. Supplies and accounts in navy depart- rment, to Congress, 626. Chiefs of Divisions, department head to control printing, 7163. Children’s Bureau, 965. Civil service commission, 3286a. . Chief of division of efficiency to Con- gress, 3286b. Number of copies, distribution, 7065. Claims for damages to private property from military operations, 335. - Clerk of House of Representatives, 84-87. Receipts and expenditures, 96 Sale of waste-paper and condemned furniture, 116. º Clerks of courts, aliens denied naturaliza- tion, 4371. - To attorney general of moneys receiv- ed, 1399. - Court of Claims, removal of, 1130. District Court, to Commissioner of In- termal Revenue, 1325. Failure to make, misdemeanor, 3272(5), 3286, Removal for, 1328. To Solicitor of Treasury, 555. Judgments and decrees, 1325. Coast Guard, expenditures and operations, 8459%a (5). Coast survey to Congress, 8562. Number, distribution, 7059. Collectors, district attorneys to receive reports concerning frauds, 1297. ‘Duties on imports, bonds delivered for suit, 549–551. Merchandise in warehouse, 5681. Gold and silver coin, etc., in car- goes intended for export, 31.15%gg. Columbia Institution for Deaf, 9357–9359. Commerce, 879. Bureau of, 882-888. Commercial attachés Commerce, 854a. Commercial Relations, number of copies, allotment, 7060. Commissioners, education, 768. Education, number, distribution, 7066. Fish and Fisheries, 904. Number, distribution, 7062. Seal life on Pribilof Islands, 8860. General land office, 702. Internal revenue, usual number of copies to be printed, 7075. Labor, number, distribution, 7068. Labor Statistics, 948, 951. Naturalization, 962. Navigation, number of copies, distri- bution, 7084. Patents, 758. Distribution, 7093. Number of copies, 7093. Usual number to be printed, to Secretary of 7075. Pensions, 733, 734. Commissions, Arts, Panama Canal struc- tures, 10040. California Débris, 10011, 10024, 10028. Civil service, 3272, 3286, 3286a, 7065. Congressional, reprinting of, 6956. Industrial Relations, 8915, 8916. International waterways, 9984. Interstate Commerce, 7069, 8582, 8588, 8591, 8594, 8640. Investigation of navy yards and sta- tions, 2804b. Investigation of relations between car- riers and employés, 8680b. Investigation of transmission of mail by pneumatic tubes, to Postmaster General, 7428. Mississippi River, 9873, 9998. National forest reservations, 5178. Committees, accounts of house of repre- sentatives, certification of pay rolls of employés, 70. Binding, 7156. Congressional, reprinting of, 6956. Designation, 7153. Filing, 7156. GENERAL INDEX [Page 2292] IReferences are to sections, except where otherwise indicated.] REPORTS (Cont'd) Committees (Cont'd) Indexing, 7156. Joint Committee on printing, 7033. Numbering, 7153. Recommending printing or binding for Congress, 7174. - Common Carriers to Interstate Commerce Commission, 8591, 8592. Preserved as public records, 8594. Compliments of officer not to be inserted in, 7095. Comptroller of Currency, 505, 506. Number of copies, distribution, 7084. Officers, etc., for Official register, 7127. Comptroller of Treasury, 420a (k). Congress, editions for, 7168. Number limited in absence of author- ity from, 7163. Removal of clerks of court of claims reported to, 1130. Tests of iron and steel reported to, 31.10. Congressional committee or commission, reprinting of, 6956. Consular officer administering estate of decedents in China, 7688. Copyrights, Register of, 9570, 9572. Council of national defense, 3115e. Court-martial cases determined summari- ly, 2308a, art. 36. Court of Claims to Congress, 1178. Court of Customs Appeals, 1183. Crop reports of Agricultural Department, 8 e Giving advance information of, 10293. Issuing false reports, 10294. Customs appraisers’ decisions, 5598. Damages to arms, 1968. Deaf and dumb, Columbia Institution for, 9357–9359. Persons in District of Columbia, 9356. Decisions of general appraisers of CuS- toms, 5598. Departments, certain reports not to be printed without . recommendation, etc., 7076. Chief clerks of, 256, 257. Condition of business in, 238. Heads of, extracts in book of esti- mates, 6739. Printing to be reported to, 6987. Printing of, number of copies, distri- bution, 7075. - Traveling expenses of officers and em- ployés, 277. Useless papers in, 282, 283. I)etails of employés of Bureau of Mines for service in Washington, 783a. Directors, Bureau of Mines, 785. |Bureau of Standards, 926. Columbia. Institution for Deaf, 9359. Experiment stations office, number of copies, distribution, 7134. Geological Survey, 776, 778. Mint, in Crease in number of copies, distribution, 7123. Number of copies, 7084. sºtary of Treasury to receive, 09. distribution, National Museum to Congress, 10572. TJnion Pacific Railways, number, dis- tribution, 7085. Disbursing officers of house, and Senate, 86 \ Diseases, cattle, number of copies, sale, Horse, number of copies, sale, 7054, 7097. Distribution, folding rooms to Congress- men, 7050. Through departments, 7170. District ºneys, to Attorney-General, To commissioners of internal revenue, 1297, 1800. To Department of Justice, 1301. Prosecutions for obstruction of nav- igation, etc., 9922. To Secretary of Treasury, 1297. Tºlicitor of Treasury, 555, 1298, Door-keeper of house, sale of Waste-pa- per and condemned furniture, 116. Editions, printing in, for Congress, 7168. Emergencies requiring transportation of army Stores without advertising for con- tract, 6847. Employés' Compensation Commission to Congress, 8932dq. Engravings that are unnecessary to be excluded, 7173. allotment, REPORTS (Cont'd) Estimate of cost of printing to a CCOrn- pany response to congressional , inqui- | ries, 7035. Ethnology, distribution, 7061. Examining surgeons of pensioners, 9101. Exchanges of motor vehicles, etc., by Department of Agriculture, 814bb. Expenditures, Agricultural Colleges, 8875. Appropriations for expenses of foreign trade and treaty relations, 293. To prevent epidemics, 91.73, Ap- pendix p. 1796. Contingent expenses of Independent Treasury, 276. Contingent funds of executive depart- ments, 275, 276. Department of Agriculture, 837a, 839a. Draftsmen, technical and inspection force of Navy Department, 6.15a. Epidemics, prevention of, 9173. Experiment stations, 8895. House of Representatives, 87, 96. Panama Canal, 10042. Post-offices, unusual conditions at, Registers and receivers, for clerical services, 4479. Removing obstructions from Missis- sippi River, 9894, 9895. Ohio River, 9898. Senate, 87, 96. Zoological Park, 10590. Experiment Stations, 8892. Director of Office of, 7134. Governors to receive, 8881, 8893. Secretary of Agriculture, to report concerning, 8890, 8895. Exports to Mexico, 5340. Extra copies, printing, binding, number, 7053-7163. Sale of, 7004. Failure of Officer to make, Style of binding, number - ment, 7053. * Federal board for vocational education, 3078%e, 3078%h, Appendix p. 1770. Federal farm loans, associations, Secre- tary-treasurer to board, 9835d(4). Board to Speaker of House of Repre- sentatives, 9835b (11). Federal Reporter, distribution, 1206. Federal reserve, agent to Federal reserve board, 9788 (5). Banks to Federal Reserve Board, 97.94 (a). Board to Congress as to salaries of bank examiners, 9832. Federal Trade Commission to Congress, 8836f(6f). Fine Arts Commission, 10040. Tood conservation act, 31.15% o. Foreign legations may be furnished with, 145. Foreign Relations, number, allotment, 7ſ.60. Forest reservation commission to Con- gress, 5178. - General land office Commissioner, 702. Geodetic survey, number of copies, dis- tribution, 7059. Geological Survey, see Geological Swºr- ºvey. Governor of Porto Rico, 3803ddd, 3803pp. Grain standards inspectors, 87.47%f. Heads of departments, binding of, 7163. Expenditures of contingent, funds, 275, 276 10269. and allot- Time of making, 278. Extracts in Book of Estimates, 6739. Number of copies, 7163. Porto Rico, 3803e. Health, foreign port conditions, 9159. Officer for District of Columbia, num- ber of copies, distribution, 7064. Surgeon-general, 7136, 9130, 91.48. Vital Statistics by Public Health Service, 9147. Historical Association, American, 7079, 7121. Horse diseases, 7054, 7097. House, designation, 7153. Expenditures of, 87, 96. Numbering, 7153. Receipts of, 96. Subordinate disbursing officers of, 86. Illustrations, printing at same time re- quired, 7152. Restrictions on use of appropriations for printing and binding for, 7175. Immigrant inspectors, 4289%f, 4289%ff. Immigration bureau, printing, number, distribution, 7137. bureau of, printing, number, . REPORTS (Cont'd) Indian Commissioners to Secretary of In- terior, 3982. Indian lands withdrawn from location, etc., 4526. Indians, employment of persons to in- Struct, 4161. . Offenses committed by, 4126a. Injuries to government employés, superi- or to make, 8932!!. - Insane hospital, board of visitors, 9300. Superintendent, 9297. Insane persons, discharge from hospitals or asylums, 9337. Inspection, Army disbursing officers’ dis- bursements, 331. Locomotive boilers, 8635, 8636. t Mail cars as to safety appliances, 8616. National Home for Disabled Volun- teer Soldiers, 9280. : Passenger vessels, 8012. Provisions for merchant vessels, 8354. Soldiers’ Homes, 9237. State gºes receiving national aid, Printing, binding, number of copies, distribution, 7133. Vessels carrying passengers United States, 8013. Inspector-General as to condition of Sol- diers’ Home, 9237. Inspectors, locomotive boilers, 8636. Mines in territories, 3504. , Steam-vessels, 8164, 821.4b. Insurance companies to bureau of war risk insurance, 30781.4k. Internal revenue, commissioner of, 7068, from Destruction of distillery and appara- tus after seizure, 6129. Store-keeper, merchandise in ware- house, 6081. mºnational Waterways Commission, Irrigation works, by Secretary of Inte- rior, 4701 Joint committee on printing, cost of ad- ditional copies of documents, etc., 7033. ... Labor Commissioner, 7068. Lands, public withdrawal from settle- ment, etc., 4525. Lapse of authority to print after two years, 7036. * Leases of public lands by Secretary of Navy, 647a. Librarian of congress, 133. Printing, binding, number of copies, etc., 7132. Licenses issued for manufacture, etc., of explosives, 31.15%ff. Life saving service, General Superintend- ent to Secretary of Treasury, 8461. Lighthouse board to secretary of com- merce of aids to navigation which may be discontinued, 8443. Light-house commissioner, 896. Limitation on number without authority from Congress, 7163. Loss of vessels and barges in tow, 7977, 7978a. Lost records of, restoration, 1517. Managers of home for volunteer soldiers, 92.70–9273. Printing, binding, distribution, 7133. Maps to be printed at same time, 7152. Marshals, to Attorney-General, 537. To Solicitor of Treasury, 555. Masters of licensed vessels, changes in, Sale additional copies, Military academy, board of visitors, 2250. Militia, Adjutant-Generals of, 3053, 3053a, 3078a.(31). * : Disbursing officer, 3064a. Secretary of Navy, 3078a.(31). - Secretary of War’s report concerning 3053, 3053a. Mine inspectors in territories, 3504. Mint, director of, 509, 7084, 7122. Superintendents to director, 6440. Mississippi River Commission, delivery to public printer, 9873. Printing with index, 98.73. To Secretary of War, 9998. Transmission to Congress, 9998. º Moneys, public, 6616. Museum, National, director of, 10572, National banks, 9772, 9774, 9776, 9777. Comptroller of currency, 9776. Dividends, 9776. Failure to make, penalty, 9777. False entries, penalty, 9772. GENERAL INDEX [Page 22931 [References are to sections. except where otherwise indicated.] REPORTS (Cont'd) i.e. National forest reservation commission, to congress, 5178. National guard inspectors, 3064. National home for disabled volunteer Sol- diers, 7133, 9270-92.73. National museum, director of, 10572. National Training School for Boys, 9410. Naturalization Commissioner, 962. Naval observatory, board of visitors, 662. Naval reserve force, movements and oc- cupations as condition of retainer pay, 2900%a (14). 3. Navigation, 879. Aids to which may be discontinued, 8443. Navy, expenditures for experimental and research laboratory, 652a. Personnel and operations of, custody of, 618. Vessels stricken from register, 2786. Number of copies, 7022. Limit without authority from Con- gress, 7163. Official bodies to employés compensation commission, 8932O. Ordnance property, 1858. Panama Canal, auditing of accounts, 10054c. Receipts and expenditures, 10042. Paroled prisoners, 10537. Passenger vessels, inspection, 8012. Patents, commissioner of, 758, 7075, 7093. Pensions, commissioner of, 733, Porto Rican Officers, 3803d'd. Postal savings depositories, board of trus- tees, 7580, 7581. pºster-general, see Postmaster-Gen- €I’all. Postmasters, arrivals and departures of mails, disposal of waste paper, 7435. To Postmaster General of delinquen- - cies, etc., of contractors, 7215. Post-Office Department, contracts for car- rying mails, printing upon recom- mendation, etc., 7076. Financial condition, 463. Fines and deductions, printing upon recommendation, etc., 7076. Purchasing agent for, 579. President, additional navy yards or sta- - tions, 2804b-2804e. Federal controlled transportation sys- tems, 31.15%gg. Housing for war-industry employés, 31.15%f. Sale of property acquired for war purposes, 6941a. President of Columbia, Institution for Deaf, 9359. Printing, see Public Printing and Bind- ing. - - Prisoners on parole, 10537. Proceeds of operation of public utilities by engineer operations overseas, 1952b, Appendix p. 1755. Public buildings and grounds in District of Columbia, improvement and care of, number of copies, distribution, 7100. Public Buildings Commission to CongreSS, 3369 a. Public Health Service, to contain vital statistics, 9147. Public lands withdrawn from settlement, ... etc., 4525. Public moneys, 6616. Public printer, see Public Printing and Binding. Purchases of army supplies exceeding certain amount, 6853. - Purchasing agent for Post-Office Depart- ment to Postmaster-General, 579. Railroads, accidents on, 8637, 8642-8646. TO ºterstate Commerce Commission, 2 - Receipts, chief of engineers, from water power leases, 9986-9991. House of Representatives, 96. Panama Canal, 10042. Senate, 96. Receivers of land office, 4479, 4486. Recruit depots to adjutant general, 2026g. Red Cross Association, 7702. Regents of Smithsonian Institution to Congress, 10585, 10586. Register of copyrights, 9570, 9572. Registers and receivers, 4486. Expenditures for clerical 4479. Regulations for printing for Congress in editions, 7168. 3. services, REPORTS (Cont'd) . Rental, building sites, 6928. Public property not required, 6944. Unproductive public property, 6943. Reservation of unstitched reports discon- tinued, 7023. River and harbor improvements, see Riv- ers and Harbors. Sale of extra copies, 7004. * Sales, condemned furniture, by Secretary of senate and sergeant-at-arms of house, 116. Military supplies, 1954. Naval vessels and stores, 2784, 2785. Rations to officers, 1955. War supplies, 6941aa, 1784. Waste paper, by secretary of senate and sergeant-at-arms of house, 116. Schools, National Training School for Boys, 9410. g { Secretary of Agriculture, see Secretary of Agriculture, Secretary of Commerce, 867. Secretary of Interior, see Secretary of Interior. Secretary of labor, 941–943. Secretary of Navy, see Secretary Qf Navy. Secretary of senate, 84-87, 96, 116. Secretary of Smithsonian Institution to Congress, 10571. Secretary of State, see Secretary of State. Secretary of treasury, see Secretary of Treasury. Secretary of War, see Secretary of War. Senate, designation, 7153. Expenditures of, 87, 96. Numbering, 7153. Receipts of, 96. Subordinate disbursing officers of, 86. Sergeant-at-arms of senate, sale of waste- paper and condemned furniture, 116. Smithsonian Institution, number, distri- bution, 7081. Regents of, 10585, 10586. Secretary of, 10571. Soldiers’ home, board of commissioners to Secretary of War, transmission to Congress, 9236, Board of, managers of home for vol- unteers, to Congress, 9270, 9272. Printing, binding, additional cop- ies, distribution, 7133. To Secretary of War, 9271, 9273. Transmission to Congress, 9271. Solicitor of Treasury to Collectors of Du- ties, receive, 554. State banks as members of federal re- serve system, 9792(4). º State officers, receipt and disbursements of appropriations for Agricultural Col- leges, 8877d. º Store-keepers, internal revenue, merchan- dise in warehouse, 6081. Superintendents, Columbia Institution for Deaf, 9357. Insane hospital, 9297. Life-saving service, Treasury, 8461. Mints, to director of the mint, 6440. Supervising architect, number and cost of custom houses, etc., 6940. Supervising inspectors of steam-vessels to annual meeting of board of inspectors, 8164. Surgeon-general of Public Health Serv- ice, 9130, 91.48. Printing, number of copies, tion, 7136 Surveyors general, clerks transferred be- tween, offices, 4460a. Telegraph companies to Interstate Com- merce Commission, 10085. Tests of iron and steel, 31.10. Tolls charged on canals along Tennessee river in Alabama, 9837. Appendix p. to Secretary of distribu- Traveling expenses of officers and em- ployés of executive departments, 277. Treasurer, accounts rendered and set- tled with comptroller, recommendation, 7076. Treasury Department, number, tion, 7084. Trust Companies, 9778. Trustees of postal savings depositories to Congress, 7580, 81. TJnion Pacific Railways, government direc- tors of, number, distribution, 7085. United States commissioner on Industrial Relations, 7107a. printing upon, distribu- printing and distribution, i. REPORTS (Cont'd) United, iºtes Shipping Board, carriers to, J.J. To Congress, 8146ff. To president, 8146f. Foreign trade conditions, 81.46m. United States Shipping Board Emergen- cy Fleet Corporation, 8146t. United States Tariff Commission, 5326d. ". tiched; reservation discontinued, tº papers in executive departments, Usual number of, 7022. - Vessels and barges in tow, accidents to, 7975, 7977, 7978a. Masters of licensed vessels, changes in, 8084. Nº. Vessels stricken from register, 786. Registered and enrolled, 886. Services to vessels in domestic com- merce, 8138. t Supervising inspectors of steam-ves- sels to annual meeting of board of inspectors, 8164. Vessels in coasting trade on arrival at #. other than that of destination, vºions of law as to crew list of, Visitors, insane hospital, 9300. Military academy, Naval observatory, 662. Warden of penitentiary for District of Columbia, 3340. War Department, unexpended balance of appropriations for, 332. Warehousemen to Secretary of Agricul- ture. 8747%kk. War Finance Corporation, 31.15%k. War risk insurance, 514kkkk. Weather Bureau, number of copies, dis- tribution, 7056. Secretary of Agriculture to determine number of copies, 7163. Zoological Park expenses, 10590. REPRESENTATIVES See House of Representatives. REPREVIES Power to grant governor of Porto Rico, 3803ddd. REPUBALMC OF COLUMBIA Panama Canal acquisition of right of Way, 10031. REQUEST LETTERS See Mails. Dead-letters, 7421, 7422. Forwarding, 7422. Returned, 7421. Stamped envelopes, return requests on, 7389–7892. #EQUISITIONS ^ Attorney-General’s, 544, 546. Blank book for Congress, 7180. - Buildings in District of Columbia by §etary of War, 6933c, Appendix p. Coal and coke plants, etc., 31.15%q. Department of Justice for blanks and let- tº heads for judges and court officials, Departments, printing and binding for, 7163, 7169, 7172. sºles furnished by public printer, 7. - Factories, 3115/16b, 3115*/16c, 3115*/sjj. Food, fuel, and supplies for army of navy, 31.15%ii. w - Foremen of printing and binding, mate- rials required by, 6988. “ Lands for housing of shipyard employés, 8146t. Mines, 31.15%jj. Navy Department, money of, 6746. Oil pipe lines, 31.15%jj. Packing houses, 31.15%jj. Payment of money, 427. Delinquency in accounts, 428. President, printing and binding for, 7162. Printing and binding, Bureau of Mines publications, 7142. Department, 7163, 7169, 7172. Supplies for, 6997. Documents for foreign legations, 7145. Editions of documents, etc., 7168. Materials for, 6988. - President, 7162. Senate library, 7160. Property for housing of war-industry employés, 31.15%a. GENERAL INDEX [Page 22941 [References are to sections, except where otherwise indicated.] REQUISITIONS (Cont'd) Secretary of Interior, 683. Publication of Bureau of Mines pub- Iications, 7142. Secretary of Senate, binding for Senate library, 7160. Cºpensation of members and officers, Contingent expenses, 80. Secretary of State upon public printer for documents for foreign legations, 7145. Sergeant at arms, for compensation and mileage of members of congress, 100. Stationery for Congress, 7180. Superintendent of Documents, upon public printer for assistants, etc., 7044. War Department, money of, 6746. RESCISSION Contract with purchaser in military serv- ice, 30.78%f. RESCUE Dead body of executed offender, 10314. At execution, 10312. Person arrested, 10311. Prisoner, 10313. Property seized, 10233. RESERVATIONS See Albraham Lincoln, National Park, or Reservation ; Bois Blanc Island; Hot Springs Reservation ; Indian Reservations ; Military Reservations ; National Military Parks ; Naval Res- ervations ; Parks, and titles there en.wºmerated ; Public Lands ; Yellow- Stone National Park. Alaska, coal lands, 5078b. Lands abutting on navigable streams, etc., 5091. Purchase for trade or manufacture prollibited, 5082. - Rights of way, 5088. School lands, 5045a, 5045b. Battle Mountain Sanitarium, 9284-9287. Cattle, driving of, 10223. Control by director of national park serv- ice, 787e. Custom house purposes, town site laws, 4800. District of Columbia, erection of buildings restricted, 3336. Plans kept by Chief of Engineers, 3321. Encampment of regular army and militia at, 3066a. Fences, breaking of, 10223. Historic land marks, etc., 5279. Hot Springs, 5251–5273. Army and Navy Hospital erected on, excepted from Indian, ceded reservations, 5013-5019. Withdrawal from settlement, 4526. Lighthouse purposes, excepted from town- site laws, 4800. Management by director of national park service, 787e. Military, abandoned, 5003–5012. Mints, excepted from town site laws, 4800. National park service, rules and regula- tions, 787f. Oil in lands granted to Idaho, 4863–4865. Oklahoma lands, for county seats, 5028. For highways, 5024. For parks, etc., 5023. Town site lots for public purposes, 5032. Phosphate in lands granted to Idaho, 4863–4865. Pribilof Islands, 8853. Rights of way, 787g, 4946. Alaska, 5088. Canal and ditch companies for irriga- tion purposes, 4934 Electrical poles and lines, 4948. Sale, minimum price how fixed, 4773. School lands, 4860. Supervision by director of national park service, 787e. Timber depredations, 10217. Timber lands for naval purposes, 4977–4988. Training camps for instruction of citizens may be established on, 3071b. Washington, improper occupation of, 3334. Water power sites, etc., 4523–4529. RESERVE See Marine Corps. - National Gºward Reserve, see Militia. RESERVE BANKS See Federal Reserve Banks. Defined in Federal Reserve Act, 9785. RESERVE BOARD See Federal Reserve Banks. RESERVE CORPS See Enlisted Reserve Corps. RESERVE FLYING G40RPS See Naval Flying Corps. RESERVIE FORCE See Naval Reserve Force. RESERVE FUND Federal reserve bank members and non- members, 9801(1, 2), 9802. National banks, amount, 9746. Composition of, 9747. Depositaries of public moneys, 9692. Deposits in Treasury for redemption of circulation, 9802. - Gold certificates as part of, 6566, 6567. Issuing gold notes, 97.26. Reserve cities, 9749, 9750, 9756. Additional, 9749, 9750. Silver certificates as part of, 6566, Treasury notes, 6475. Postal savings deposits, 7588. Redemption of treasury notes Reserve cities and districts, (13), 9788(1), 97.94(E). War Finance Corporation, 31.15%hh. IRESERVE MIT LITIA See Militia. RESTERVIE CORPS Battalions, formation of, 1881. Bond for supplies, etc., furnished by United States, 1881k. Camp instruction, 1881. Commutation for uniforms supplied by educational institutions, 1881kk. Composition, 1881d. Course of training, 1881g. Credit for military instruction, 1881nn. Detail of officers to educational institu- tions, 1881.i. e Divisions, composition, 1881d. Establishiº in colleges, schools, 1 1881f, 18810, Appendix p. 1749. Graduates as officers in officers re- serve corps, 18810, Appendix p. 1750. Failure to observe course of training, 1881g. Instruction, 1881nn. Junior division, 1881d. Membership, qualifications, 1881b. Officers detailed to educational institu- tions, 1881.i. Regiments, formation of, 18811. Regulations for government, 1881. Senior division, 1881d. Subsistence allowance, 1881n. Supplies, etc., to be issued, 1881k. RESERVIES * See Battle Moſuºtain, Sanitarium, Re- serve : Black Hills Forest Reserve : Federal Reserve Banks : National Banks ; National Forests : Reserva- tions ; Reserve Fwnd, , Sierra Forest Reserve : Wichita National Forest. RESERVOIRS Acquisition of land for, by railroad in In- dian country, 4189. California. Débris struct, 10029. Headwaters, Mississippi River, regulations concerning, 9893. Navigable streams, dams for, 9976. Irrigation, Secretary of Interior to co-op- 3. erate with irrigation districts, etc., for construction or use, 4739. Surveys for, 776. Management of, 4705. & Mississippi river headwaters, regulations concerning, 98.93. Patents subject to rights, 4648, 4671. | Reclamation fund, use for, 4705. Reservation of sites, 4696, 4697. Rights of way, 4934-4938, 4946. Electrical plants, etc., 4946. Forest reserves, 4947. Open to United States for, 4699. Railroads, 4945. Transfers for, by homestead settlers, 4535. Wagon roads, 4945. Sites, control by states, 4699. Furnishing water for live stock, 4939– 4942. Free use, 4939. Maps, filing, 4941. Regulatigns for, 4939. Right to "amend or repeal act, 4942. Survey, 4941. Include only necessary land, 4698. Occupancy by states, 4699. Reservation?of, 4696, 4697. , 6481. 9786(1), 9786 OFFICERS’ TRAINING etc., Commission to con- charges against RESERVOIRS (Cont'd) Title to, 4705. Wested rights, land patents, pre-emption and homestead subject to, 4648. RESIDENCE iSee Ho?rvesteads. Pºpular officers, see the various ti- €S. Alien enemies, 7615. Aliens applying for naturalization, neces- sity of, 4360. Fº of, 2900%a (2), 4352(2, 4, 7, 13), Assistant district attorney, 1420. Chinese, 4308, 4320, 4324, 4336, 4339. Certificate of, 4320, 4324. Fees for, 4320. Hawaii, 4336. Insular territories, 4339. Return to, certificate of, 4308. Civil Service examination applicants, 3272. Certificates, 3283. Clerks of district court, 1332. Deputies, 971. Particular districts, 1052–1106. Dealers in opium, to be deemed place of business, 6287g. Deputies, clerks of district court, 971. Marshals for Yellowstone Park, 5195. District attorneys, 1332, 1420. District judges, 968. Additional judge for district of New Jersey, 968g. New Jersey, 968g. Foreign country, evidence of lack of in- tention to become citizen, 4374. Presumption as to expatriation of nat- uralized citizens, 3959. Governor of Porto Rico, 3803ddd. Judges, 968, 1109, 1236. Circuit, 1109, 1236. District, 968, 968a, 968c, 1236. Assigned to Commerce Court, 1236. Particular districts, 1052–1106. Keepers of life saving stations, 8531. Marshals, 1332. Deputies for Yellowstone Park, 5195. Particular districts, 1052–1106. Paroled prisoners, 10537. Postmasters, 7191. Railway postal clerks, 7518. Registers and receivers, 4470. Alaska, 4517. Surveyors-general, 4447. Territory, applicant for divorce, 3488. United States Commissioners, 4549. In Crater Lake National Park, 5230i. In Glacier National Park, 5248i. In Mount Rainier National Park, 5227i. RESIDENT COMMISSIONERS Philippines, elected by Legislature, 3815. Expense allowances, 3815. Qualifications, 3815. Rights and privileges, 3815. Salary, 3817. Term, 3815. Vacancies, how filled, 3815. Porto Rico, election, 3796, 3803]{k, 3803o. Expense allowances, 3797. Mileage, 3803o. Qualifications, 3796, 38030. Salary, 36, 3798, 38030. Term, 3797, 38030. Vacancy in office, 3803o. Practice in Court of Claims prohibited, . 1135. Salaries, election for unexpired term, 57a. RESIGNATION See Removal from Office. Army officer, as desertion, 2308a, art. 28. Chief of bureaus, construction and repair, assistant to act, 642a. Navigation, assistant to act, 631. Ordnance in navy, assistant to act, 632. Steam engineering assistant to act, 636 - Supplies and accounts in navy, assist- ant to act, 638. Civilian assistant to 'act in absence of chief and assistant, 640. Yards and docks, assistant to act, 642a. Civil Service employees, notice, 3272. Governor of Porto Rico, 3803ii. Judge advocate general of Navy, assistant to act, 613. Judges, salaries after, 1237. Militia, national naval volunteers in Serv- ice of United States, 3078b (10). Navy, acceptance of appointments in dip- lomatic Service, 26.12. GENERAL INDEX [Page 22951 [References are to sections, except where otherwise RESIGNATION (Cont'd) Navy (Cont'd) Desertion by, 2971. Disqualification by resigning to escape dismissal, 2613. Officers sued in official capacity, 1594. Postmasters, bonds delivered to Auditor, President, Vice President, etc., to dis- º duties of (Const. art. 2, § 1, cl. 5). Public printer, chief clerk to act, 6991. Registers and receivers, 4496. Visitors to insane hospital, 9298. RESISTING OFFICERS Bureau of Animal Industry, 10230. Food conservation act, 31.15%m. Immigration officers, 4289%i. Revenue officers, 10233. Service of search warrants, 10496%r. IRES JūTPICATA See Judgments and Decrees. IRESOLUTIONS See Statutes. Binding of for Cpngress, 7.155. Copies of for public printer, 308. Custody of by Secretary of State, 302. Distribution, 7025. Governor-general of Philippines, 7047. President, 7162. Joint resolutions, declaring war with Aus- tria, p. 17. Declaring war with Germany, p. 17. Engrossing and enrolling, 12. Resolving clause, 8, 9. Messenger service, repeal of resolutions relating to payment for, 109a. Number to appear in marginal references to statutes at large, 7118. Order for, by departments, 7169. Pºhlet copies of, as evidence, contents, 7 7073. Printing, 7025. Repeal of senate resolutions authorizing payment from contingent fund, 109a. Reprinting of pending, 6956. Sections, contents, 10. Numbering, 10. Veto (Const. art. 1, § 7, cl. 3). Words used in, meaning of, 1. RESPONDEAT OUSTER, Judgment of, when demurrer to indict- ment or information overruled, 1692. RESTORATION Army officers, dismissed, 2000. IRESTRAINING OFIDERS See Injunction. Clayton Act violations, 8835n. Monopolies, 8823. Restraint of import trade, 8832. IRESTRAINT OF TRADE See Mo??opolies. Monopolies and combinations, 8820, 8836. RESTRAINT OF TRADE ACT See Monopolies. Text of act, 8820–8823, 8827-8830. IRESUMIPTION ACT See Currency Fractional Currency. Currency, 6470, 647.1, 6542, 6543, 9720. IRETAIL IDEALERS See Adulterated Butter; Cigars ; tilled Spirits and Wines ; Fermented Liquors ; Filled Cheese ; Oleo marga- Trine ; Renovated Butter ; Tobacco. Meat inspection provisions not applicable, 8681(21). Wines, exemption from wine tax, 6110b{b]. IRETAINTER PAY See Pay of Army Pay of Navy, and Titles of Particular Organizations. Naval auxiliary reserve, 2900%d (5). Naval coast defense reserve, 29.00%e(4). Naval militia, computation, 3078a (11). Enlisted men, 3078a (9). Mode of payment, 3078a (12). Not to be paid before qualification, 3078a.(10). Officers, 3078a (8). Naval reserve flying corps, 29.00%g (1). Naval reserve force, 2900%a (6, 12–16). Fleet naval reserve, 29.00%b (3–6, 2900% cºg). Volunteer naval reserve, serve without, 2900%f(1). RETAINERS OF CAMP Subject to articles of war, 2308a, art. 2(d). IRETIRED CIRCULATION Federal reserve bank member, 9800. 8), obligation to Dis- |. JRETIRED ENLISTED MEN Army, active duty, quarters, 21.18aa, Ap- pendix p. 1758. Application for retirement, 2082. Army Mine Planter Service, warrant Officers, 1731aa, Appendix p. 1746. Credit for service, 2082-2088. Detail to reserve officers’ Corps units, 1881j. - Enlisted reserve corps, not entitled to retirement, etc., 2e. 1892e, Appendix p. 1750. Existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. Field clerks, 1980a. Headquarters clerks, 1980a. Part of army, 1717, 1717a. Pay, 2082-2084. Allotment of, 2170a. Regular army reserve, 1892b, 1892c. Rank, 2082. Recruiting duty, 026h. training employment in, Regular army reserve not entitled to, 1892C. Battalion Sergeant major at military academy, 2275a, 2275b, Appendix p. 1759. Credit for service, 2154, 2155. Existing laws to remain in force, 1991a. 1991a, Appendix p. 1755. Marine Corps, 2082. Active service, authority to call, 2659aa, Appendix p. 1763. Pay, 2659aa, Appendix p. 1763. Pºtion, 2659aa, Appendix p. Navy, 2658, 2659. Active gºe, authority to call, {}98. 2659aa, Appendix p. 1763. Pay, 2659aa, Appendix p. 1763. Pºtion 2659aa, Appendix p. Detailed to Dominican Republic, 28130c. Fleet naval reserve, 2900%b (9). Calling into active service, 2900%b (10). Length of service, 2084. Naval academy band, 2758, 2759. Pay, 2082, 2084, 2856, 2893. RETIRED MEMBERS OF NAVAL RE- SERVE FORCE Gratuities equal to amount of retainer pay during last term 2900%a (15). RETIRED OFFICERS Army, active duty, considered officer of arm of service assigned to, 2077a, Appendix p. 1758. Active duty, rank, pay and allow- ances, 2080a, 2080b. 2080a, Appendix p. 1758, Activo list, transfer to, 2073a, 2073b. Advancement, 206Sa–2068d. Age, 2045, 2046, 2049, 2052, 2073. Application for retirement, 2045, 2047. Articles of war, 2070. Assignment to active duty as acting quartermasters, 2078a. Assignment to post without regular garrison, 2075a. - º pay, Brigadier general to jor general, 2068a, 20 Calling into active service in corps of engineers, 2075b. Chief of Coast Artillery, 1728. Chief of staff corps or departments, 1905, 1906. Cºls to be brigadier general, b. appointed ma– 8C. Court martial for breach of articles of war, 2070. Credit for service, 2100. Dental surgeons, 1833, 1833b. Details, 2074. Adjutant-general of District of Co- lumbia, 2076. Alaska board of road commission- ers, 2079. Colleges, 2284, 2285, 2287, 2289, 2289a, 2290, 2292, 2293, 2295. Duty not involving service with troops, 2078. Militia, 2076-2078, 3074. Reserve officers’ corps, 1881 i. Time of war, 2075. Disability, 2053. Incident to service, 2059, 2060. Rank and pay on retirement for, 2064. Employment on active duty, 2044g. indicated.] RETIRED OFFICERS (Cont'd) Army (Cont'd) Exist; laws to remain in force, a, .19%ia, Appendix p. 1755. Fiºre on examination for promotion, Isthmian Canal Commission, service with, 2068e. Judge advocate general’s department, majors failing to pass physical ex- amination, 1775b. Length of service before retirement of officer above rank of colonel, 52. Limited list, number on, transfers, 2073 Medal of honor board, service on, 1940a. Medical corps, 1810, 1818, 2049. Men discharged to accept commis- sions, 1891dd. Military academy professors, 2257, 2260. Names on Army Register, 2070. Number, limited list, 2073. Retired list, 2072. Officers’ reserve corps, not entitled to retirement, etc., 1881b, 18814. . Service with not counted, 1881c. Part of army, 1717, 1717a. Pay, 2064, º, 2067, 2074–2077, 2100, 2208, Acceptance of diplomatic or con- Sular fees, 2065. Allotment of, 2170a. Assignment to duty not involving service with troops, 2078. Chief of Coast Artillery, 1723. Colonel or lieutenant-colonel, 2081. Conanutation of longevity pay, 101a. Double salary prohibition, unaf- fected by, 3230aº Increase for length of service, 2139. Mileage, 2126. oºrs above grade of major, 80. Recruiting duty, 2026h. Paymaster’s clerks, 1799, 2051. Philippine scouts, 2049a. Promotion, 2069. , Provisional appointees, 1920b, Appen- dix p. 1752. Rank, 2063, 2064, 2066-2068e, 2070. Disabled in line of duty, 1897. Recruiting, employment in, 2026h. Retiring board, composition of, 2054. Duties, 2056. Findings, 2057. Agºval by president, 2058, 2059. Hearing, 2061. Oath of members, 2055. Powers, 2056. Report of causes of 2057-2060. Supernumerary officers, 2062. Transfer to active list, 2073a.a. TJniform, 2070. Unlimited list, 2073. Vacancies by retirement, 2071. Veterinarians, 2050. Failing to pass physical examina- tion, 1724a. & Withdrawal from command and pro- motion, 2069. Coast Guard, 8459%a (3), 8459%b (23), 1763. 845914, b (27-30). Active duty, 2653C, Appendix p. Pay and allowances, 2653c, Appen- dix p. 1763. Promotion, 2653c, Appendix p. 1763, Temporary advancement in rank, 2653d, Appendix p. 1763. Officers temporarily promoted, 8459%a (2%), Appendix p. 1793. Marine Corps, active duty, 2653c, Appen- dix p. 1763. Active duty, pay and allowances, 2653c, Appendix p. 1763. Promotion, 2653c, Appendix p. 1763, Temporary advancement in rank, 2653d, Appendix p. 1763. Examining boards at foreign stations, 2619a. Temporary additional officers, 24831. Use of, 2483g. 2483g, Appendix p. 1761. Marine Corps Reserve, use of, 2483g. 2483g, Appendix p. 1761. National Naval Volunteers, use of, 24332. 2483g, Appendix p. 1761. w incapacity, GENERAL INDEX £Page 2296] [References are to sections, except where otherwise RETIRED OFFICERS (Cont'd) Naval flying corps, officers not subject to retirement, 2952%t. Naval militia, use of, 2483g. 24839, Appendix p. 1761. Naval Reserve Force, 2900%a (12%, 15%), Appendix p. 1766. Use of, 2483g. 2483g, Appendix p. 1761. Navy, active duty, 2652, 2653. 2653c, Appendix p. 1763. Age, 2622, 2623a, 2647, 2658. Application for retirement, 2620-2623, 2634, 2636, 2658. Appºintment as prize-commissioners, Chief of naval operations, 621c. Computation of length of service, 2659. Court martial, misconduct, 2635. Subject to laws and trial by, 2639. Pºney in average vacancies, 2636, 2638. T)ental Corps, 2507, 2508, 2511, 2512. Dental officers, 25.11g, 25.11b, Appendix p. 1762. Deta; command of squadrons, 2654, G5 To Dominican Republic, 28130c. Professors in nautical schools, 2766. te Disability, 2623, 2632, 2633, 2640. Drunkenness, 2626. Failure on examination for promotion, 2625, 2626, 2634. Hearing before retiring board, 2634. Isthmian Canal Commission, Service with, 2068e. Length of service, 2082. Lieutenant commanders ineligible for prorootion, 2697h, Appendix p. 1764. Machinists, 2557. Marine Corps, 2915, 2949-2952. Pay, 2952. i Rank, 2068, 2952. Retiring board, 2950. Mates, 2657. Misconduct, 2626, 2635. Navy Register, 2639. Number to be retired, 2637. Officers performing engineering duty on shore, 2486. Pay, 2626, 2637, 2638, 2641-2643, 2651, 653, 2657, 2658, 2890-2899. Active duty, 2653b, 2895, 2653e, Appendix p. 1763. & Captains, commanders and lieu- tenant commanders becoming incligible for promotion on a C- count of age, 2697.h. Computation, 2893, 2894. Employment in furnishing naval supplies or war material, 2899. Furlough, 2896, 2897. Promotion, 2892. Rate, 2890, 2893. Third assistant engineers, 2891. Petty officers, 2658, 2659. - Promotion, 2651. Active duty, 2653e, Appendix p. 1763. Temporary advancement in rank, 2653d, Appendix p. 1763. Captains ineligible for, 2697h, Ap- pendix p. 1764. Commanders ineligible for, 2697 h, Appendix p. 1764. Filling vacancies created by re- tirement, 2637. Officers rejected from, 2625, 2626. Rank, 2068, 2637-2648, 2651, 2655, 2658. Failure to pass examination for promotion, 26.97g. Rations, 2898. Rear Admirals, 2644. - Restoration to active lists, 2656. Retiring board, 2627. - IDuties, 2628, 2637. Examining boards at foreign sta- tions, 2619a. Findings, 2630, 2637. Hearing, 2634. Oath, 2629, 2637. Powers, 2628. Record, etc., of proceedings of, 612. Revision of by President, 2631. Temporary additional officers, 2483t. Transfer to active list, examination, 2637a. Pay, 2653a. Uniform, 2639. Use of, 2483g. 2483g, Appendix p. 1761. Vacancies by retirement, 2649. RETIRED OFIFICERS (Cont'd) Navy (Cont'd) Vote of thanks, 2624. Warrant officers, 2657. Withdrawal from command, 2650. Revenue-cutter service, age or incapacity, 8459%b (23). Pay, 8459%b (27–30). RETIRED WARRANT OFFICERS Coast Guard, active duty, 2653c, 2653d, Appendix p. 1763. Marine Corps, active duty, 2653c, 2653d, Appendix p. 1763. Navy, active duty, 2653c, 2653d, Appen- dix p. 1763. - FETHREMENT - See Army Navy . Retired Enlisted Men . Retired Officers. Federal reserve notes, 9799(6), 9799b. Officers sued in Official capacity, 1594. Persons receiving retirement pay not to || receive compensation under War Risk Insurance Act, 514ttt. United States notes, prohibited, 6561. RETIRING BOARDS See Retired Officers. RETROACTHVE ÖYPERATION Acts, relating to bills of lading of inter- state carriers, 8604v. RETURNS See Ea:cess Profits Taa: ; Reports ; Returns Office. Adjutant General of state militia, 3053, 3053a, 3078a (31). Army, regiments, troops, batteries, etc., to war department, 2308a, art. 57. 2308a, art. 57, Appendix p. 1760. Clerks of district court, fees, 1394–1401. Consular officers, fees collected, 3181. Lists of seamen, vessels, etc., 3161. Copies furnished by returns office, 764. TJse as evidence, 1501. Corporations, etc., liable to special excise tax, 5980k. Court officers, mandamus to compel, 1327. Customs, delivery of merchandise, 5581. Weighers, gaugers, and measurers of, 5582. * District attorneys, fees, 1394–1401. Filing in returns office, 762 Foreign corporations, condition to exemp- tion from special excise tax, 5980a. Government printing . office, results of bidding on materials for, 6970. , Habeas corpus writ, 1284-1288. Income tax, 6336fſc], 6336h, 6336xx-6336ZZ. Indexing in returns office, 763. Internal revenue, admission to theaters, etc., 630914.c. Bankers as to circulating notes, 6291, 6295. Brewers, 6141. Cigar manufacturer, 6200. Distilled spirits received by wholesale liquor dealer, 6104. Distiller of production, 6087. Fortifying of pure sweet wines with wine spirits, 61.14. Gaugers, article gauged, 6032. Inspection and gauging of distilled Refunds ; 6336mſb], spirits entered for exportation on | application for drawback, 6.124. Insurance policies, 6309%b. Manufacturers, adulterated or reno- vated butter, 6234. Oleomargarine, 6217. Tobacco or snuff, 6166. White phosphorus matches, 62.72. Miscellaneous, articles, 6309%b. Occupations subject to tax, 5960. Penalty for failure, 5899. Rectifiers to make, contents, 6099. Transportation facilities, 6309%d. Wholesale dealers in oleomargarine, process, renovated or adulterated butter, 6241. - Lost records, restoration, 1517. Marshals, fees, 1394–1401. Non-resident aliens as to total income to be entitled to deduction from income tax, 6336g [b]. Numbering in returns office, 762. Ordnance property, 1858. Organizations of Volunteer forces while in service of United States, 342. Pass-ports issued to citizens of States, 7627. Postmasters, false, 7207. Form of; 7207. United indicated.] RETURNS (Cont'd) - Public contracts, oaths to be affixed, 6897. Public land returns to be made to COm- missioner of general land office, 703. Quartermaster General, clothing camp-equipage, 1969. Registers and receivers, duplication pro- hibited, 4486. Quarterly returns by receivers, 4485. Signal Service property, 1970, 1970a. RETURNS OFFICE General provisions, 761-764. Clerk, appointment, 761. Copies of returns to be furnished by, and 764. Duties, 762, 763. mºns and inspection of returns, 763. t Contracts to be filed in, 6895, 6896. Copies of contracts in, clerk to furnish, Use as evidence, 1501. Interior Department, provided in, 761. Returns, filing and numbering, 762. Index of, how to be. kept, 763. REVENTUE AND REVENUE ALAWS See Customs Duties; Internal Reve- nue ; Postal Revenues ; Revenue Of- ficers ; Taa’ation. Circuit courts of appeals, finality of de- cisions under, 1120. Collection of, superintendence by Secre- tary of Treasury, 381. Court of appeals of District of Columbia, finality of decisions under, 1227. * Deposits of in Federal reserve banks, 97.98 (1). - District attorneys, fees in revenue cases, 1379 9. Estimates of, 386. Federal reserve banks, dealings in reve- nue bonds and warrants, 9797 (2b). Federal reserve notes receivable in pay- ment, 9799(1). Frauds on, prosecution by district attor- neys, 1297. t Limitations, suit for penalty or forfeiture under customs revenue laws, 1713. Time for finding indictment or insti- tuting information of crimes arising under, 1710. Origin in House of (Const. art. 1, § 7, cl. 1). Port preferences prohibited (Const. art. 1, § 9, cl. 6). Postal service, 7598–7609. Priority in courts of United States of cas- es where revenue laws of State are en- joined, 1581. Regulations for enforcement of, prescrib- ed by Secretary of Treasury, 384. Remission of fines, penalties, and forfei- tures for violation of, 10.131. Removal of causes to district court, 1015. Secretary of Treasury, plans for improve- ment and management by, 381. Seizure, bailing of property seized, 1564. Joinder and consolidation, 1546. Laws for protection of seizing officers extended to officers seizing under postal laws, 7475. Property taken or detained under, Ir- repleviable, 1560. REVENUE GUTTERS See Revenue Marine. REVENUE MARHINE Accounts, examination by Auditor, 420. Boards, investigation of irregularity or misconduct of officers, administration of oaths, 265. Contracts for rations, 8459%b (42). Courts of Revenue Cutter Service, organ- º; jurisdiction, procedure, 8459%b (60–62). * { d Cutters, additional vessels employed by president, 10160. Arrest of vessel departing from port of arrival Without making report, or entry, 5469. Co-operation with navy when directed by President, 8459%b (44). Details, enforcement of Alaska fish laws, 3626, 3627. St. Mary’s River for enforcement of anchorage regulations, 9954. Ensign and pendant, 8459%b (57). Firing at vessels permitted, 8459%b Representatives (58). ! Hawaiian wharves used by, free of tolls, 3728. GENERAL INDEX [Page 22971 [References are to sections, except where otherwise indicated.] REVENUE MARINE (Cont'd) Cutters (Cont'd) Lights, exhibition on rivers, harbors, and inland waters, when prohib- ited, 7904. Regulations for exhibition on Great Lakes, suspended for, 7.923. When navigating Red River of the North and rivers emptying into the Gulf of Mexico not exhibited when, 7956. Motorboat for Corpus Christi, Texas, 8459%b (56). - Pendant and ensign, 8459%b (57). Private use prohibited, 84.59%b (47). Regulations to promote safety of life during regattas or marine parades, enforcement of regulations, transfer of authority, penalties, 8232–8234. Removal of derelicts, etc., 8459%b(51). Sale, disposition of proceeds, 6808. |Unserviceable cutters, 5398. Services by, directed by Secretary of Treasury, 8459%b (45). Stations, transfer, 8.459%b (46). Tug on North Pacific, 8459%b (49, 50). Vessels in distress on lakes aided by, 8459%b (48). *- Estimates for, 6693. Expenses paid from appropriation, 8459%b 1) Maintenance of service, 8459%b(1). Officers and employés, Alaska game laws | enforced by, 3621. Burial in national (43). Cadets, engineers, 8459% b{35). Examination, 8459%b (31). Number, 8.459% b(31–33). Pay, 8459%b (34). Promotion, 8459%b (7). Qualifications, 8459%b (31). Captain commandant, retired pay, 8459%b(28). Captains, life saving stations erected under supervision of, 1. Number on active list reduced, 8459% b{11). Qualifications, 8459%b(16). Chief of division, rank and pay after retirement, 8459% b(30). Chief officers, appointment, rank and pay, 8459%b (9, 10). - Civilian instructors, 8459% b (15). Clothing for enlisted men, allowance, 8459%b (39). Purchase, 8459%b (40). Commissioned officers, 8459% b (4). Pay and allowances, 8459%b (9, 19, 20 Rank, 8459% b (5, 6). Rations, 8459% b(41). Compensation of officers, collected, 5794, 5796–5798. Constructor selected from engineers, 8459% b{8). Deserters, 8459%b (63). Details, District of Columbia, 366. Duty under Commissioner of Fish and Fisheries, 903. Life-saving service, 365. Traveling expenses, 8463. St. Mary’s River for enforcement of anchorage regulations, duties and powers, 9955. Duties, 8459% b(52). Additional duties prescribed by Secretary of Treasury, 8459%b cemetery, 8459%b appointment, fines, etc., (54). Engineers, chief, retired pay, 8459% b 28). - Constructor selected from, 8459%b 8) - Number on active list reduced, 8459% b{11). Titles and precedence, 8459% b(13). Enlistments, 8459%b (36). Examinations, promotion, not required for chief officers, 8459%b (12). Warrant and petty officers, 84.59% b Immunities, 8459%b(58). Insane persons to be committed to in- Sane hospital, 9301. Inspectors of life saving service, 8462. Irregularity or misconduct, investiga- tion, oaths, 265. Lieutenants, increasement of number, 8459%b (14). Number limited, 84.59% b(18). Qualifications, 8459%b (16). Misconduct or irregularity, investiga- tion, oaths, 265. . REVENUE MARINE (Cont'd) Officers and employés (Cont'd) Naval vessels not to be controlled by, 8459% b (6). Number, each vessel, 8459%b (3). Third lieutenants, 8459% b (7). Oaths, administered by customs offi- Cers, 5360. TJnnecessary for commissioned Offi- cers’ pay accounts, 8459%b (22). Obstructing penalty for, 5771. Pay, allotments of, 8459%b (21). Petty officers and men, 8459%b (37, 38). Pensions, co-operation with navy, 9068 - Disallowed, 8935. Powers and duties, 8459%b(52). Promotions, 8459% b(17, 18). Punishment, civil authorities, 8459%b (64, 65). Officers by commander, 8.459% b(59). Revenue-Cutter Service 8459%b (60). Qualifications of captains and lieuten- ants, 8459%b (16). - Quarantine laws of states to be ob- served, 9150. Rations, sale to officers’ mess, 8459% b . (42%). Rºyal of officers for cause, 8459%b ( Retirement of officers, 8459%b(23). Pº, after retirement, 845.9%b (27– 0. Retiring board, 8459%b(24). To waiting-orders list, 8459% b (25). Returns by master, 8.459%b (53). Search and seizure of vessels, 5761, º 5770. - - Transportation by service, 1977. Report of expenditures, 392. R£VENUE OFFHCERS See Customs Officers ; Collectors ; Internal Revenue ; other specific officers’ titles. Actions against, for neglect or refusal to pay money due the United States On adjustment of accounts, 1595. Removal of causes against, 1015. Transcript of books, etc., of Treasury evidence in suit against, for de- linquency, etc., 1498. When execution not to issue against, in suits for acts done, etc., 1635. Arrests for obstruction of navigation, ..etc., 9922. Detail of revenue agent to office of com- missioner of internal revenue, 365. District attorneys to appear for, 1296. Fees of district attorneys, 1381. Information for prosecutions for obstruc- tion of navigation, etc., 9923. Offenses, admitting entries for less than legal duty, 10236. Bribes, 5531. Accepting, 5532. Falsely assuming to be, 10234. Resisting, etc., punishment, 10233. Taking seized property from, 10239. Trading in public property, 10272. Removal from port When contagious Or epidemic disease prevails, 91.79. REVERSAL OF JUDGMIAENT Capital cases, 1703. Error in ruling on plea in abatement oth- er than to jurisdiction or for error in fact, not ground for, 1672. Prayer for, to be returned with writ of error, 1653. Supreme Court, 1669. REVERSHON Desert lands to government, 4678. Parks, playgrounds, etc., 4719C. Homestead, 4552. Lands acquired for protection of water- sheds, to state, 5183. Public lands sold for Cemetery purposes, 4765 army transport Approvisers ; a?ld To tinited States Shipping Board upon dissolution of corporations, 8146f. REVIEW See Appeals ; Error, Writ of. Accounts audited at places other than seat of government, 420a (b). Awards under War Risk Insurance Act, 514FrrT. Decisions of selective draft boards, 2044d. REVIEW, BILL OF See Equity. courts,. REVISED STATUTES See Statutes ; Statutes at Large. Acts embraced in, 10592. Binding, 7070. Distribution, 7070. - Delivery to superintendent of docu- Iments, 7114. Judges, 565, 566. - Library of Congress, 7026, 7027. Effect, acts passed since December 1, 1873, not affected, 10598. Mieaning of term as used in internal rev- €nue law, 5892. ' Number of copies, 7070. Officers to preserve and deliver copies to successors, 3257. Printed copies as evidence, 1523. Printing, 7070. Reference to, tions, 6671. Repeal, acts incorporated in that are re- pealed, 10593. Effect, acts done, 10594. Linlitation acts, 10596. Punishment of offenses, 10595. Vested rights, 10594. Sale, 7070. Second edition, preparation and publica- tion of, 1527. Use as evidence, 1528. Sections, arrangement, etc., of no infer- ence of legislative construction, etc., 10597. - suppºint, Compensation of editor, 7.108, in estimates of appropria- Delivery to superintendent of docu- ments, 7114. Evidence, 1529–1531. Prima facie evidence of laws, 7108- Number of copies, 7108–7113. Preparation, publication, distribution, effect as evidence, 7108–7113. Printing, binding, number of copies, distribution, and sale, 7070. Publication continued, 7112, 7113. Second class mail matter, 7.308. Words used in, meaning of, 1–6: REVIVAL - Laws of Porto Rico, 3803m. Repeal of repealing act, 13. REWOCATION Appointment of dental surgeon, 2504, 2508. Dam owners’ rights, 9979. Pº, of army officers for militia duty, º tº w Discharge of bankrupts, 9599. Interlocutory orders in proceedings for civil relief of soldiers and sailors, 3078%rr. License, enemy or ally of enemy insur- ance companies, 31.15%bb. Establishments for preparation of vi- ruses, etc., for domestic animals, 8782, 8785 (4, 5). Manufacture or sale of liquors in Dis- trict of Columbia, 34.21% ce. Manufacture, sale, etc., of explosives, 31.15%f, 31.15%ff. Officers of steam vessels, 8208, 8210- 82:12, 8214a. Pharrnacists in District of Columbia, for illegal sale of liquors, 3421%bb. Practice of pharmacy and sale of poi- sons in consular districts in China, 7696e. Radiotelegraphs, 10103. Trading with enemy, 31.15% c. Parole, 10540. - Permits for foreign language publica- tion, 31.15%j. REVOLT Shipboard, 10466. Inciting, 10465. REVOLUTKONARY WAR Bounty-lands, heirs of officers diers of, 4855. Warrants" for, how located, 4828, 4829. Military records of, 337-340. Naval records of, 339, 340. Custody of, 619. Pension claims for, not to be allowed after April 2, 1862, unless, 9069. REWARDS t Arrest of deserter from Revenue-Cutter Service, 8459%b (63). - Civilian employés ºvy department, 655a, Appendix p. º Iºrºi law, violations of, 4289%.C. inventions or improvements in postal service, 7253. * Ordnancé department employés, for Sug- gestions, 3090. and sol- GENERAL INDEX [Page 2298] [References are to sections, except where otherwise indicated.] REWARDS (Cont'd) Post office burglars, robbers, and high- way mail robbers, 582a. 582a, Appendix p. 1744. RHODE ISLAND Coasting vessels trading with Long Is- land, privileges of, 8110. District court terms, 1091. Judicial districts, 1091. Naval training station, cession for, 2584. IRICE Imported, storage and cleansing in bond- ed Warehouse, 5671 \ RIFLE CLUBS Detail of enlisted men of army as in- structors, 3071aa. Issue of materials for target practice, 3071a. Issue of old models of rifles for use of militia, 3070a. Sale of magazine rifles for use of, 3070. Sale of rifles and ammunition for use of . militia, 3070, 3071. Sale of war supplies to national rifle association, 6941aa, Appendix p. 1784. RIFTLEMEN Additional pay as expert riflemen, 2146. RIFILE IRANGIES JEstablishment for training of citizens, etc., 30708. Appointment of directors of civilian markmanship, 3070c. IRIFILES Home guards, 3093a. IRIGHTS OF WAY Bridges over Illinois and Mississippi Ca- nal, 9972. Canals affected by act, 4936. Forest reserves, 4947. Forfeiture, 4936. Irrigation, etc., 4946, Maps, 4936. Mining, etc., 4943, 4946. Public lands, 4647, 4934. Reservation in patents, 4933. Timber cutting, etc., 4943. Transfers for, by homestead settlers, 4535. Use, canal or ditch purposes only, Water transportation, domestic purposes or development of pow- er, 4938. Water supply purposes, 4943, 4946. Condemnation for military, etc., purpos- es, 6911aa, Appendix p. 1784. Crater Lake National Park, donations for park purposes, 52301. Ditches, canals, etc., act granting not ab- rogated by timber and stone lands act, 4671. Application of act to existing and fu- ture canals, etc., 4936. Damages to settlers, 4935. Forest reserves, 4947. Forfeiture of rights, 4936. Irrigation purposes, 4934. Through reservoir sites, 4699. Maps, $33. Filing, 4935. Mining, agricultural, and manufac- turing purposes, confirmed, 4647. Quarrying, etc., 4944. Reservation in patents, 4933. TJse for canal or ditch only, 4937. Use for water transportation for do- mestic purposes or development of power, 4938. Water for domestic, 4938, 4943 etc., use, Electricai plants, etc., through public lands, parks, etc., 4946. Electric power companies, 4944. Fº reserves, reservations, etc., 4945. Hawaii National Park, existing rights not affected, 5249k. Grants of. 5249]. 1Highways, tramways, etc., 4919. In Alaska, assignment, 5089. Forfeiture of rights, 5087. Grant. 5087. Lands excepted, 5088. Map of location, 5087. |Reguisites, 5090. Mortgages and liens, 5087. Penalties, 5087. Preliminary surveys, 5087. Priority. 5087, 5089. Reservation of minerals, 5087. Rights of way through canyons, etc., 5084. Right to repeal or amend act, 5089. RIGHTS OF WAY (Cont'd) Highways (Cont'd) In Alaska (Cont'd) Rºways on navigable waters, Tolls, 5087. Indian lands, 4194. - Not affected by act relating to al- lotments in severalty, 4209. Military reservations, 4920. Mºe, quarrying, or cutting timber, Mount Rainier National Park, 5224. Water for domestic, public, and other uses, 4943. Indian lands, 4181-4194. Appliºn for, good faith, hearing, Procedure, appeal, etc., , 4183. Condemnation, not affected by act re- lating to allotments in Severalty, 4209. W Grant of telegraph or telephone lines, 4.191 Opening highways, 4194. Pºlel roads not to be constructed, 4181. Payment of compensation, 4183. Pipe line , annual charge for benefit of Indian, 41.92. Compensation, annual charge not to exempt from taxation, 41.92. Grant of, 4192. Right to alter or serve, 4.193. Power to grant not affected by act re- lating to allotments in severalty, 4209. amend act re- Railroads, acquisition of lands for reservoirs, etc., act extended "to land allotted to severalty, 4190. Acquisition of lands for reservoirs, materials, etc., 4189. Annual charge for benefit of In- dians, 4185. Compensation, annual charge for benefit of Indians to be in addi- tion to, 4185. Establishment of stations at to Wn- sites as condition precedent to grant, 4181. Forfeiture of right for failure to complete, 4184. Grounds for depots, machine shops, side tracks, etc., 4182. Location and survey, 41.83. Maps, filing and approval, 4183. Parallel roads not to be construct- ed unless public interest de- mands, 4181. Rates and charges for passenger and freight service, 4185. Right of Čongress to amend or al- ter act, 4.188. Running pipe line under, duty of Secretary of Interior, 4.192. Stations, location, 4182. At townsites, condition prece- dent to grant, 4181. - Time for completion, 4184. Transportation of mail, condition to grant, 4185. Width, 4182. Lands acquired for protection of Water- sheds, 5182. e Lassen Volcanic National Park, ing rights not affected, 5249e. Levees for flood control, 10030%a(1d). Lighthouse service, exchange, 84.32a. Mºša, Verde National Park, donations for park purposes, 5242a. Mt. McKinley gation, etc., 5249s. e Mt. Rainier National Park, donations park purposes, 5227 l. National cemeteries, railroads not to en- croach upon, 9378. 9378, Appendix p. 1798. National parks, donation to Sequoia Na- tional Park, 5208a. Donation to Yosemite National Park, 52.10a. - Pipe line companies in Arkansas, appli- cations, approval, 4954. Extent, 4953. Forfeiture of rights for nonuser, 4956. Grant, 4953. Use for pipe line only, 4955. For violation of antitrust law, 4957. Pipe line companies in Colorado and Wyoming, 4949-4952. Applications, approval, 4950. Extent, 4949. Forfeiture of rights, 4951. exist- for National, Park for irri- RIGHTS OF WAY (Cont'd) Pipe line companies in Colorado and Wyoming (Cont'd) Grant, 4949. Use for pipe lines only, 4952. Pipe line in Indian lands, annual charge for benefit of Indians, 4192. Compensation for, annual charge not to exempt from taxation, 4192. Grant of, 4192. Lateral branches, consent of Secre- tary not necessary, 4192. Right to alter or amend act reserved, Run lines under railroad, duty of Sec- retary of Interior, 4.192. Term of grant, extension of term, 4192. Railroads, Alaska, 5083-5090. Alaska, assignment, 5089. Condemnation of land, 5085. Forfeiture of rights, 5086. Grant, 5083. Grounds for stations, etc., 5083. Lands excepted, 5088 Map of location, filing, 5086. Requisites, 5090. . Materials, 5083. Navigable waters, defined, 5083. Piers, wharves, etc., 5083. Title to beds, 5083. Preliminary surveys, 5085. Reservation of minerals, 5083. Several roads through canyons, etc., 5084. Title to tidelands, etc., 5083. Transportation charges, posting, revision, 5083. Regulation, 5084. Alteration, amendment, or repeal of act, 4926. In Arizona, lands Subject, 4932. Condemnation of land, 4923. Forfeiture of rights, 4924, 4927, 4928. Glacier National Park, 5247. Grant of, through public lands, 4921. Indian lands, See ante Indian lands under this head. Lands excepted, 4925. Maps, filing, 4924, 4931. Materials for construction of road, 4921. In Minnesota, reserved lands, 4931. Mount Rainier National Park, 5224. In Oklahoma, 4932, 5020. Several roads through canyons, , etc., effect on Wagon roads, and high- ways, 4922. Grade crossings, 4922. Sierra Forest Reserve, 5214. Stations, time for establishment, pen- alty, 4930. Width, 4921. Reservation in potassium land leases, 4640gg. Reservoirs, etc., across forest reserves, 4927. Mining, quarrying, etc., 4944. Tºsh public lands, parks, etc., 6. Water for domestic, etc., use, 4943. Water for live stock, 4939-4942. Rocky Mountain National Park, dona- tion for park purposes, 5249dd. Existing ways not affected, 5249b. Grant by secretary of interior, 5249b. Sierra. Forest Reserve, 52.12. Telegraph and telephone lines, 100.72. Indian lands, grant, etc., 4191. Not affected by act relating to al- lotments in severalty, 4209. Public lands, parks, etc., 4946. Tºrer for, by settlers on public lands, RIO GRANDE, IRRIGATION PROJECT Lease of Water power, 4719. IRIOT Contempt of courts-martial, 2308a, art. 32. Soldiers, punishment, 2308a, art. 89. RIPARIAN RIGHTS Homesteaders, Alaska, 5046. Black Hills National Forest, 5166. Non-navigable streams, 4918. RISEKS See Assumption of Rásk. RIVERS AND HARBORS See Anchorage ; , Board of Engineers : Bridges ; California Débris Commis- Sion ; Canals : Chief of Engineers ; Collision ; Dams ; Fish, Fisheries, etc.; Gauging ; Lakes ; Mississippi River Comºmission ; , Navigable Wa- ters ; Navigation ; New York, Har- bor ; Niagara River; Swrveys ; Tolls : TVoters a 70& Water Cow/rses. GENERAL INDEX [Page 22991 [References are to sections, except where otherwise indicated.] RIVERS AND HARBORS (Cont'd) iSee, also, the names of particular rivers. Condemnation of land, etc., see Con- deºnºvation. Hydraulic mining in California, California Débris Comanission. Renmoval of Sivags, see SºC 98. & Secretary of War’s powers and dºtties in respect of, see Secretary of War. General provisions, 9836–10030. Accounts relating to, examination of by Auditor, 420. Anchorage regulations, 99.47-9959. Appropriations for, application by Secre- tary of War, 9883. Completion of works, applicable to prosecution of works, 9887, 9888. Discontinuance of, recommendations for, 9874. Expenditure for dredging within har- bor lines prohibited, 9890. Fishways to be paid for from what, 9892 S636 Payment, certain expenses, 9926. Engineers, 1841. Separate works, how allotted, credit- ing and expenditure of balances, 9889. Board of engineer officers, 9863. Bridges over navigable waters, 9960–9975. Buoys, 8427–8459. * California, changing levels for irrigation projects, 4749. California Débris Commission, 10004-10030. Channel depths and widths defined, 9370. Chesapeake and Delaware canal, acquisi- tion by United States, 9881a. - Civil engineers on western and northwest- ern rivers, number, purpose, Salary, 9864. Collisions, see Collision. Condemnation of land, see Eminent Do- 41%. Cliº. Land to be paid for by individuals, 9881. Consent to agreement between Minneso- ta, North Dakota and South Dakota, regarding navigation and flood control, 9908a. Construction of wharves, etc., without approval unlawful, 9910. Contracts for improvements, combining two or more works, 9884, 9888. Letting of, 9883. Contributions for improvements, 9879. Control of floods of Mississippi and Sac- ramento Rivers, 10030%a-10030%.C. Corps of engineers, employment on im- provements, 1841 Pay of officers employed on improve- ments, 1841. Dams, 9976–9992. Delaware Bay, use of, 9839a. Deterioration of works, report upon, 9874. Donations of land, etc., for improvements, 9878. Dredging plants how hired, 9891, 98.91a. Estimates for improvements, 6699. TExcavations, etc., prohibited, government pier, public penalty, Fish ways, when to be constructed, pay- ment for, 9892. Harbor lines, Anacostia River, 9913. City of Chicago, modification of, 99.15. Establishment, Secretary of War, 9912. Where deposits of débris may be made, 9914. Expense of marking out, how paid, 99.74 Extension of wharves beyond prohibit- ed, except, 9912. Penalty, 99.17. Potomac River, 9913. Harbor master, Potomac River, 9952, 9953. Highways, navigable rivers in public lands deemed public highways, 4918. Hours of labor in connection with dredg- ing, etc., 8918. Improvement of, 9863-9908. Acquisition of land, 9878, Board of engineer officers to examine and report upon, 9863. - Carried on by contract or otherwise, 9885, 9886. Contracts for, 9883, 9884, 9888. Contributions for, 9879. Control of floods, 10030%a-10030% c. Estimates for, 6699. Government plants, tals, 9891b. Injuries, punishment, 9909. etc., for, disposition of ren- RIVERS AND HARBORS (Cont'd) Improvement of (Cont'd) Leases, etc., for, requirements as to Writing, etc., 6896 Matters to be considered in recom- mending, 9863. Preliminary examination and report, 66 Prohibited except in certain sec- tions, 9866a, 9866b. Supplemental reports, 9866b. Preservation and protection of, 9.909- By private parties, 99.03. Private possession or use prohibited, penalty, 99.21. Permits for temporary use, 9919. Sale or transfer of property employed On, 9882. - Work under 1912 river and harbor act may be done under contract, 9886a. Injuries, harbor defense system, 10208. Improvements, punishment, 9909. Kyle and Young Canal, Florida, free pub- lic waterway, 9845c. Leases, etc., for improvements, ments as to writing, etc., 6896. Lighthouse board, jurisdiction extended Over Mississippi, Ohio, and Missouri Riv- ers, 8427. Lights, 8427–8459. Mississippi River, experimental freight transportation, 9.902a. Lighthouse inspectors, 8434. Removal of obstructions, 9895. St. Paul to Minneapolis improvement project, 99.91. South .* examinations and surveys, 98.94. .* require- Maintenance of channel, 9896, 9897. Mississippi River commission, 9993-10003. Motorboats, etc., restriction on purchase not applicable to, 3238b. Navigability, 9840-9854. Navigable waters, 9836–9862. New Jersey sea coast improvements, 9907, Newport Harbor California, lines leyond which wharves, etc., cannot be extend- ed, 9916a. New York City, consent to obstruction of river, etc., within city limits, 9939, 99.40. New York Harbor, see New York Harbor. Obstruction of navigable waters, 9910–9946. obstºons, estimate of cost of removal, Light vessels, etc., placed over, 8452. Ohio river, modification of improvement project, 10002a.a. Removal of obstructions, Oregon, changing levels for projects, 4749. - Philippines, 3821. & Bonds for improvement, 3908. Porto Rico, construction of wharves, 3799-3803. Control of, 3760. Potomac River, deposit of refuse prohib- ited, 9942–9945. Preservation and protection of , 9909–9946. Protection of forested watersheds, 5174– 9898. irrigation Fºnse of land, etc., for improvements, 9878. Regulation of vessels in ports of Unit- ed States in time of war, etc., 9959%a- 995914d, 10514a–105.14d. Regulations for navigation, 9927–9932. Rºº, etc., of works, estimate of cost, Reports, advisability of improvements, contents, 9866. - Board of engineer officers, 9858, 9863. Review by, 9868 Civilian engineers on improvements by Secretary of War, 9872. Deterioration of works, 9874. Improvements of, 28130. Printing, 9873. Payment for, 9875a. sºtary of War upon improvements, 871. Terminal and transfer facilities, 9866. Restriction on purchase, etc., of motor- boats, vehicles, etc., not applicable to river and harbor projects, 3238b. Retired army or navy officers, employ- ment permitted, 3232, 9865. Sale of property acquired for improve- ments, 9882. RIVERS AND HARBORS (Cont'd) Sawmills on Mississippi and St. Croix Rivers in Wisconsin or Minnesota, may have piers or Cribs, 99.11. Secretary of commerce to define line be- tween high seas, 7972. Statistics concerning traffic, 9902. Surveys, 9864–9894. Lands on, 4819. Terminal and transfer facilities, upon, 9866. Tolls, 9836–9860. Transfer of property employed on im- provements, 9882. w Transportation for engineer officers on improvement work, 9877. Trucks, etc., restriction on purchase not applicable to, 3238b. Use of harbors for purposes of connecting with pelagic seaſing prohibited, 8839– report Vehicles, etc., restriction on purchase not applicable to, 3238b. Vessel owners, etc., to furnish statement to persons in charge of works, 9899. Penalty for failure, 9901. Vessels from foreign port, place for en- try and unlading, 5466, 5467. Vessels owned by resident aliens appear- ing in, enrollment or license, 8064, 8063. Water-gauges in Mississippi River and tributaries, 9856. Water power, 9976–9992. & Wilmington Harbor, San Pedro, Cali- fornia, lines beyond which wharves, etc., cannot be extended, except, 9916. Yellowstone River, Montana, dams for carrying out irrigation projects, 4750. RIVER, STEAMERS Boats for, 8251. Deck passengers, accommodation of, pen- alties, 8255, Stairways and gangways on main deck, penalties, 8254, 8256. ROADS See Highways ; Plank Roads ; Post Roads; Rights of Way : Tramroads and Traºr, way S. ROBIBERY Extradition for, of fugitives from foreign country, 10110. Homicide in attempt to commit, 10446. Mail, assaulting custodian of with intent to rob and robbing, 10367. Personal property of United States, 102.13. Piracy, color of foreign commission, 10477. On shore, 10475. Post Office, rewards for detection, of, 582a. Punishment, 10457. Accessories, 10508. Persons in military service, 2308a, art. 9. etc., Train robberies, 10495. ROCE CREEEK PARK Control and regulation, 3360. Established, 3359. - Parkway connecting Potomac Park and Zoological Park with, 3362. Part of park system of District of Co- lumbia, 3360a, Appendix p. 1775. ROCKY MOUNTAIN NATIONAL PARK Appropriations, limitation, 5249d. Automobiles, regulations as to use, 5249d. Boundaries changed, 5249aa. Donation of patented lands, etc., in, 5249qd. Establishment, boundaries, 5249a. Homestead entries, existing rights not affected, 5249b. Lands held in private, municipal or state ownership not affected, 5249c. Lease of lands for hotels, concessions, etc., limitation, term, 5249d. Mineral entries, existing rights not af- fected, 5249b. Reclamation project within park, 5249a. Rights of way, existing rights not affect- ed., 5249b. . Rules and regulations, secretary of inte- rior to make, 5249d. Timber, removal of dead or down tim- ber, 5249d. ROLLS See RosterS. Indians entitled to supplies, 4063. Representatives elect, 30-32. GENERAL INDEX [Page 23001 [References are to sections, except where otherwise 1800T BEER Internal revenue tax on, amount, 6161%a. Payment, vendee or lessee in certain cases, 6348b. Returns of 61.61%b. IROOTS Plant Quarantine Act, 8752-8764. Postage rates, 7326. IROSTERS See Roll.S. Armies, Union and Confederate, Postal clerks, 7231. ROUTE AGENTS See Special Agents. Delivery of newspapers, 7340. Prepaid mail to be received by, 7471. ROUTE INSPECTORS Rural free delivery service, as rural agents, 7295 TROYALTIES Alaska, coal land leases, 5078.j. Copyrights, 9546. Government Officers not entitled to for use of inventions, 9441. Licenses for use of patents, trademarks, or copyrights of enemy or ally of ene- my, 31.15% ee(c., f). Mechanical reproductions of copyrighted musical works, 9517. JPotassium land leases, 4640ee. Disposition of, 4640ii. RUINS Mesa Verde National Park, 5239–5242. Preservation of prehistoric ruins, 5278- RULE DAYS Fees for attendance prohibited, 1385. RULE OF THE ROAD AT SEA See Collision. Text of act, 7834–7844, 7847–7871. RULES - See Regulatio??.S. Collision rules, see Collision. Board of general appraisers, 5593. Captures, power of Congress to make (Const. art. 1, § 8, cl. 11). Congress, captures (Const. art. 1, § 8, cl. 11). Land and naval forces, power of Congress to make (Const. art. 1, § 8, cl. 14). Naturalization, establishment by Con- gress (Const. art. 1, § 8, cl. 4). Sailing Rules, 7890-7901, 7926–7936, 7958. Standard time, 8907s. RULES OF COURT Bankruptcy proceedings, Supreme court, 9614. Court of Customs Appeals, 1185. Courts-martial, navy, 3002. Deck courts, 2991. Disobedience, contempts, 1245, 1245a. District courts, attachments and other process, 1539. Executions, etc., 1540. Power to make rules, 1544. Practice, 1544. Prescribed by supreme court, 1543. Trading with the enemy act, 31.15%i. etc., manufacturers, 344. designated prescribed by Procedure, appeals from Yellowstone Park commissioner, 5.194. Prosecutions for offenses on Hot Spring Reservation, 5266. Review of judgments or decrees entered in Suits in which equitable defenses are interposed, 1251b. RÚLE TO SHOW CAUSE Prosecution of contempt as offense, 1245b. RUM wºrawal from bond for denaturation, RUNNING BOARDS Equipment of cars in interstate com- merce, 86.18. RURAL FREE DELIVERY SERVICE See Rural Post Roads. General provisions, 7294-7301. Carriers, additional compensation, for carrying pouch mail to intermediate postoffices, etc., 73.00a. Carrying merchandise, 7296. Equipment, compelling, 7294e. Lake Winnipesaukee, maximum sal- ary, 7300b. Leave of absence, 7298. Payment to legal when killed on duty, representatives 7246b. ROHRAIL FREE DELIVERY SERVICE (Cont'd) Carriers (Cont'd) Preference in appointment of formerly employed carriers, 7294g. Restrictions, 7296. Salaries, 7294, 7296, 7298-7300. 7300-7301a, Appendix p., 1786. Increase, 7294b. iºn of route as determining, 7800. - Maximum salary to carry on Lake Winnipesaukee, 7300b. 7300bb, Appendix p. 1786. Substitutes, 7294, 7298. Vehicles to be equipped at owner’s ex- pense, 7294c. On water routes furnishing power boats, compensation, 7299. Division superintendents, designated post office inspectors, 7297. Salaries, 7294. º Special agents in charge of divisions designated as, 7295. Horse drawn vehicle, routes, use of motor vehicles of, 7294d. Maps, sale, 7264a. - 7264a, Appendix p. 1786. Motor Vehicle truck routes, pendix p. 1786. Reorganization and readjustment of mail delivery, 7294f. Routes, division into classes, increase of length, 7294b. Motor vehicles may be used on horse- drawn vehicle routes, 7294d. Star routes, employment of other means when bids are exorbitant, 7437a. Rural agents, appointed post office in- spectors, 7297. - s Route inspectors designated as, 7295. Salaries, 7294. Service to be extended so as to include the entire rural population of the United States, 7294a. Star routes served entirely by, 7455b, Ap- pendix p. 1787. RURAL POST ROADS Agreement with states regarding roads to be constructed, 7477a. Apportionment of funds to states after deduction of administration costs, 7477d. Appropriations, amount, 7477c. Expenditure by states, 7477c. Payment to states, 7477f. Rºgruonment of unexpended funds, 7477c. When available, 7477c. Construction work and labor on roads, how done, 7477f. 7301a, Ap- Co-operation with the several states, 7477a. Definitions, 7477b. Engineering, inspection, etc., expenses limited, 7477f. Expenditures for administration purposes, 7477d. Failure to maintain, no further projects to be approved, 7477g. Maintenance, 7477 g. Notice of failure to maintain, 7477g. Payment of appropriations to states, 7477f. Project statement of proposed roads, ap- proval, 7477f. Submission to secretary of agriculture, 7477f. Refusal to approve further projects upon failure to maintain present roads, 7477g. Rent of buildings, 7477h. Share of United States not to exceed one- half cost of road, 7477f. Supplies, equipment, etc., purchase of, 7477h. Surveys, specifications, etc., certified to secretary of treasury, 7477f. Furnished secretary of agriculture, 7477f. Tolls prohibited, 7477a. * Travel and other expenses, 7477 h. RUSSIA Ambassador and secretary to, salaries, 117 Consular officers at Vladivostok, addition- a1 compensation, 3198a. RYE Importation of seeds adulterated or unfit for seeding, 8744-8747. SABILE Killing in Alaska prohibited, penalty, for- feiture of vessels, etc., 8850. * indicateſ.] SACCHAROMETERS Commissioner of Internal Revenue to adopt and prescribe for use, 5983. SAC INDIANS LaWS relating to allotments in severalty not to apply to, 4206. SACRAMIENTAL PURPOSES Wine for Sacramental purposes, in Alas- lºa, 3643ee-3643f. - In District of Columbia, 342134c. In Porto Rico, 3803aa. Use of mails for advertisement of, 10387e. - SACRAMENTO RIVER Control of floods, 10030%b. Appropriations, how 10030%.b (a). Continuing improvement, 10030%b. Contribution by state of California, 10030%b (b). Maintenance of works by state of California, 10030%b(c). Powers of Secretary of War, 10030%b. Hydraulic mining injuring navigability prohibited, 10007. Jurisdiction of California. Débris Commis- Sion over territory drained by, 10007. Restraining works constructed by Cali- fornia. Débris Commission, 10029. SADD LERS Army, troop of cavalry, 1718. Engineer corps, 1842a. Field artillery, 1736a. Pay, 2144, 2144a. 2144a, Appendix p. 1759. SAFEGUARD Forcing, punishment, 2308a, art. 78. SAFETY APPH.HANCE ACTS See Railroads. Interstate Commerce, 8605–8615, 8617-8619, 8621-8623. SAFETY APPLIANCES See Railroads. Rºads in interstate commerce, 8605– expended, SAFETY STATIONS Bureau of mines, duties, 787a. Lands, donation by states, 787b. SAFETY WALVES Boilers, punishment for obstructing, 8199. SAHILHIN & BOATS Internal revenue tax on, 6309% d. Payment, vendees and lessees in Cer- tain cases, 6348b. - SAILHING DIRECTIONS Hydrographic office, printing of, 7163. SAILIN G RULES See Collision. Great Lakes, prevention of collisions On, 7926–7936. International rules, 7855–7866. Red River of the north and rivers empty- ing into the Gulf of Mexico, 7958. Rºº, harbors and inland waters, 7890- SAIHLHNG VESSELS Ambrose Channel, from, 9932. Collisions, rules for preventing, 7834-7980. Definition in rules for preventing colli- sions, 7835, 7873, 7911. Mail transportation, 7526. Compensation, 7527. Transportation of live stock from quaran- tined State, etc., 8702. SAHLMHAKERS See Chief Sailºvakers. Navy, appointlnent, 2554. Chief, promotion, pay, 2708a. Number, 2554. Pay, 2708, 2816. Promotion, 2708, 2711. Warrant officers, 2555. SAILORS - See Hoºvesteads ; Merchant Seamen Soldiers’ and Sailors’ Civil Relief. Enlistment in navy, see Emlistinent. Aid from surplus income of Navy pen- sion-fund, 9089. - Apprentice seamen, number, 2571a. Claims, payment without deduction of at- torneys’ fees, 453. Clothing, appropriation for indemnity for loss of, 6799 (39). Colored sailors, payment of claims for bounty, etc., 3967, 3969-3971. Deck courts may be ordered upon, 2993a, 2994a. t New York, exclusion GENERAL INDEX [Page 23011 [References are to sections, except where otherwise indicated.] SAILORS (Cont'd) Deposits of savings, 2874-2876. Desertion, enticing, 10206. When not to be deemed, 9082. Details, air craft duty, 2952%r. To naval militia, 3078a (23). As ship keepers, 3078a.(13). Student flyers, 2052%l. Detention beyond term of enlistment, 2591-2593. Disabled by age, etc., to have half-pay from navy pension-fund, 9088. Duties at navy yard, 2800. Hinlistment in navy, see Enlistment. Entries of, on ship’s books, 2980(1). Exemption from militia duty, 3043. Expiration of term, disposition at, 2591. Fleet naval reserve force, transfer to, aft- er twenty years service, 2900%b (2). Homesteads, see Homesteads. Honorable discharge, 2595–2598. IHospital relief for, 9.199-92.12. Letters, free transmission, 7385a. Payment of postage on delivery, 7353. Lists of, furnished by commanding offi- cers, 2980(2). Medals of honor, 2713–2715. Mining claims of, 46.20a, 4620b. Naturalization of aliens, 4352(7, 8, 13). Number, 2571-2574. Pay, 2816, 2855-2866. Pensions, 8939. Fund for, 9088, 9089. Rate of total disability, 8944. When to have, 8934, 8942. Pledge of . public property, 10199. Preference in making reduction of forces in Executive Department, 245. Promotion for heroism, 2559. To warrant officers, 2559. Rating as mates, 2560, 2561. Discharge from enlistment not caused by, 2561. - - Rations, 2879-2887. Rating changed from ordinary Seaman to seaman second class, no change of pay, 2712a. Regulations subject to, while sent home or detained after expiration of term, saie of public property, 10199. Shipping articles, 2591, 2594. - Transfer from military to naval service, 2582. . Suffrage, right of, 10190. - Warrant officers, appointment as, not dis- charge from enlistment, 2561. SAILORS’ IHOMIES Free transportation of inmates, 8563. SAHH, WIESSELS See Sailing Vessels. Featles, to prevent collision, see Colli- SiO7%. ST. CHROIX RIVER, Saw-mills may have piers or cribs, limi- tation upon, reservation or removal, ST. ET.HZABETHI’S HOSPITAL See InSGºve Perso?". S. General provisions, 9292–9339. ST. LAWRENCE RHWYCR International commission to investigate waters draining into, 9984. ST. MARY'S FALLS CANAL See St. Mary’s River. Condemnation of additional lands, 9880. Retaliatory suspension of privilege of free toll, 7831, 7832. Water levels not to be diminished, 9989. ST. MARY'S REIVER, See St. Mary’s Falls Canal. Appropriations for, improvements at falls, payments to be made from, 9880. Payment of expense of International Waterways Commission, from, 9.984. Nonnavigable, 9855c. - Regulations as to anchorage, etc., 9954. Enforcement by revenue cutters, 9955. Penalty for violation, 9956. Revenue cutters for duty upon, 9954, 9955. Water levels not to be impaired, 9989. Water power, 99.89. Diversion of water for, condition, 9989. Leases of, 9.989. Regulations, 9989. Works, etc., may be removed, 9989. SALARIES See Compensation ; Fees ; Indian Agents : Pay of Army, Pay of Navy Travel Pay and Eacpenses ; Wages. Hawaiian officers, see Hawaii. SALARIES (Cont'd) Accountants, etc., inaugurating new methods of business, prohibited unless authorized, 3227a. Acting postmasters, 7227. Additional, 3270a, Appendix p. 1774. Agents, at Cairo, 3119. Cotton futures tax, 63091m. On maiſ steamers, 7545. Rural, 7294. Special, of Treasury Department, 5390. To superintend Railway Mail Service, 574, 575 - Agricultural Department, additional Sal- aries from appropriation for, prohib- ited, 797. Change in, payment out of lump funds, 799. Rate specified, 802. Alien property custodian, 31.15% co. Ambassador to, Argentina, 3122a. Chili, 3122b. Spain, 3122. Appºrtionment for part of year’s service, Appropriations of lump sums not availa- ble for increased salaries, exception of mechanics, artisans, etc., 6765. Assayers, 64.34. Boise City and Charlotte, 6531. New York, 6528. Sale Lake City, 6430. Seattle, 6429. - Assistants, Attorney-General, 517-520, 570. Chemist of Agricultural Department, 793. Chief inspectors of locomotive boilers, 8632, Appendix p. 1794. Chiefs of Bureaus, Foreign and Do- mestic Commerce, 876. sºles and accounts in navy, 6 Clerks, Court of Claims, 1131. Court of Customs Appeals, 1183. Commissioner General of Immigra- tion, 955a. Commissioners, general land office, 691. Indian affairs, 71 Mediation and (2). Patents, 737, 738. Comptroller of treasury, 404, 405. Consular, 3155. Department of Justice, 516–526. Deputy Comptroller of Currency, 499. Director, national park service, 787d. District attorneys, 1420. 1420a, Appendix p. 1745. Illinois, northern district, 4. Conciliation, 8676 1434, Pennsylvania, first assistant for eastern district, 1443. Examiners, 739b. General superintendent of Railway Mail Service, 577. Inspectors of steam vessels, 8168, Law clerk in State Department to edit laws of Congress, 295, 297. 297, Appendix p. 1737. New York assay office, 6529. Postmasters, Boston, 7234. Chicago, 7233. Philadelphia, 7234. Third class post offices, Postmasters-General, 568, 569 Registers, copyrights, 9569. Treasury, 352, 487. Secretaries, Agriculture, 790a, 791. Commerce, 854. Interior, 666, 668. Navy, 611. President’s, 227. Smithsonian Institution, 10573. State, 288, 289, 297. 297, Appendix p. 1737. Treasury, 350-352. War, 312, 315a. Solicitors, State Department, 294, 297. 97, Appendix p. 37. Treasury, 521. 526a, Appendix p. 1743. Superintendents, experimental gardens and grounds, 793. Life-saving service, 8460. Railway Mail Service, 577. Seed room, 793. . Treasurers of United States, 352, 475, 6586. Associate justices of Supreme Court, 1194. Porto Rico, 3803v. 7237b. SALARIES (Cont'd) Attendants, marine hospitals, Stations and immigrant 9189a, Appendix p. 1798. Museum of Agricultural Department, quarantine Stations, 793. Attorney General, 36, 234. Porto Rico, 3803v. Attorneys, Department of Justice, 5 25a. 525a, Appendix p. 1743. Federal Reserve Board, 97.94(1). Auditor of Porto Rico, 3803gg. Auditors of Treasury, 352, 416. Bailiffs, Court of Claims, 1131. Court of Customs Appeals, 1184. Bank examiners, 9832. Board of appeals in office of solicitor of Department of Interior, 672a. 672a, Appendix p. 1744. Board of Ordnance and Fortification, 3112. Botanist of Agricultural Department, 793. Bureau of Standards, officers and em- ployés of, 925. º of War Risk Insurance employés, 14ll. Cabinet officers, 36. Canal Zone officials, 10040. Capital Issues Committee, 31.15%kk. Carpenter in Agricultural Department, 793. Carriers, letter, 7255. Rural free delivery service, 7294, 7296, 7298–7300. - Cashier in office of public printer, 6983. Census office, additional clerks and em- ployés during census period, 918. Officers, etc., 913 During census period, 917. Chaplains, house of representatives, 59, 79. Senate, 58, 79. Chemists, Agricultural Department, 793. Internal revenue, commissioner’s of- 519, fice, 6226. Chief clerks, Adjutant-General’s depart- ment, 314 Agricultural Department, 793, 794. Assay-offices, Salt Lake City, 6430. Seattle, 6429. Chief of Engineers’ office, 314. Chief of Ordnance's office, 314. Commissary-General’s department, 314. Court of Claims, 1131. “ Department of Justice, 526. Government printing office, 7007. Immigration, 954. National park service, 787d. Office of Military Justice, 314. Patent office, 738. Paymaster-General’s department, 314. quºtermaster-general's department, 1. Railway Mail Service, 577. Solicitor of Treasury’s office, 526. 526a, Appendix p. 1743. State Department, 290, 297. 297, Appendix p. 1737. Surgeon-General’s department, 314. Treasury Department, 353. 353, Appendix p. 1737. War Department, 314, 315a. Chief constructing engineers in Bureau of Light-Houses, 896. Chief examiner of Civil Service, 3274. Chief inspector in office of public printer, Chief inspector of boilers, 8632, Appen- dix p. 94. Chief justices, Court of Claims, 1127. Supreme court, 1194. |Porto Rico, 3803v. Chief messenger, Court of Claims, 1131. Chiefs of bureaus, accounts, 290, 297. 297, Appendix p. 1737. Animal Industry, 850. Children’s, 965. Commerce, 292, 875. Consular, 290. Diplomatic, 290. Indexes and archives, 290. State Department, 297. 297, Appendix p. 1737. Temporary ogcupants, 264. Weather, 842. Chiefs of Division, Coast Guard, 8459%a 2 Patent office, 739c, Appendix p. 1744. Children’s Bureau, officers, clerks and employés, Bureau, 966. - Circuit judges, 1109. Civil engineers on Western and north- Western rivers, 9864. GENERAL INDEX SALARIES (Cont'd) - - Civilians, assistant to chief of bureau of supplies and accounts in navy, 640. Employés in quartermaster’s Corps, 1780a. - Instructors for revenue marine serv- ice, 8459%b (15). Members of aircraft board, 3115"/32c. Civil Service commissioners, 3271. - Division , of efficiency, limitation on, 3286b. - - - Clerks, aircraft board, 3115/32e. Assay Offices, 6529, 6532. - Assistant treasurer’s offices, 6591-6601. Bureau of War Risk Insurance, 514ll. - Census office, 913, 918. , . Chairmen of house committees, 76. Children’s Bureau, 966. Circuit Court of Appeals, 1409. Commercial attachés, 854a, Appendix p. 1745. - Committees, Congress, 71. - - House of representatives, time of beginning, 72. Congressional Record, 6983. - Congressmen, 75. Court of Customs Appeals, 1182. Denver mint, 6423. Department of Justice, 516–526. District court in Hawaii, 3727. Executive Departments, 246. Extra clerks in, 254. Lapsed, 249. Temporary clerks in, 247. Government printing office, 6983, 7007. House of representatives, Interior Department, 669. Life saving service, to perintendents of, 8527. Marshals' offices, 1422. Navy Department, 614. For Officials retired from active Serv ice, prohibited, 3243a. - Patent Office, 673. - o Post-offices, 572, 7231, 7255. First and second class, post offi- ces, 7236. 7236aa, Appendix p. 1785. Readjustment, 572a. - Substitutes appointed to regular - positions, 7249. President, 227. - Public printer’s office, 7013. Railway postal, 7509, 7510, 7516, 7518. Rural free delivery service, 7294. Secretary of State, 297. 297, Appendix p. 1737. Senators, 74. - Superintendent of documents’ office, principal clerk in, 6983. Treasury Department, clerks, 376. TJnited States court for China, 7692. Coast and geodetic survey officers, 8561a. Coiners, 6434. - in charge of, district su- temporary Collectors of customs, as disbursing agents for lighthouse establishment, 8445, 8446. District of Omaha, 5338a. Lien of fees for services to vessels in domestic trade, 8139. Commercial attachés, 854a. Commissioner-General of Immigration, Commissioners, agriculture and labor of Porto Rico, 3803v. Civil Service, 3271. g Division of Marine and Seamen’s In- Surance of Bureau of War Risk In- surance, 514a. Division of Military and Naval In- surance of Bureau of War Risk In surance, 514a. - Education, 766. - Porto Rico, 3803v. Fish and Fisheries, 901. General Land Office, 690. Health, Porto Rico, 3803v. Immigration, 954. Indian Affairs, 713, 714. Interior, Porto Rico, 3803v. Internal revenue, 352. . International Waterways, 9984. Interstate Commerce, 8587, 8596. To investigate relations between car- rier and employé, 8680b. . Labor Statistics, 947. Lighthouse, 896. Mediation , and Conciliation, 8676(1). Mississippi River, 9994, 9995, 9995a. Navigation, 895. - IPage 23021 SALARIES (Cont'd) Commissioners (Cont'd) Pensions, 727. - Resident, 36, 3798, 3817. Waterways, 10003%a. Yellowstone Park, 5196. Comptroller of Currency, 496. . As ex officio member of Federal Re- serve Board, 97.93(1). Comptroller of Treasury, 352, 401, 402. Computation and division of time of an- | nual or monthly, 3243. - Consular officers, absence from post, 3200. Consular assistants, 3155a. Performing diplomatic functions, 3197. Reports as to, 306. ... " Consuls, classes, 3130b. Consuls-general, Cairo, 3119. Classes, 3130b. Hayti, 3129. At large, 3141. Liberia, 3129. - Cotton-futures, tax agents, 63091m, Counselor for State Department, 297. 297, Appendix p. 1737. - - Crews at life saving stations, 8536. Customs service, payment withheld until oath is made, 3265. Reduction by President, 5327. Delegates in Congress, 34–36. Election for unexpired term, 57a. Payment by sergeant-at-arms, 98, 100. Department of Commerce, officers and employés, assignment, 855. I)epartment officers, lapsed, 249. Department of Justice, assistants and clerks in, 516–526. Officers in, 526. Deputies, Clerks of United States court for China, 7694. Commissioners, internal revenue, 352, 364, 493. - Pensions, 729. Comptroller of Currency, 352, 498, 499. Disbursing clerk in treasury depart- ment, 354. - Marshals, 1422. Public printer, 6983. Supervising inspector general of steam vessels, 8155, Appendix p. 1791. Diplomatic officers, 3117. Absence from post, 3200. Person filling two offices, 3132. Directors, Bureau of Mines, 783. Bureau of war risk insurance, 514a. Census, 911. - Consular Service, 297. 297, Appendix p. 1737. Geological Survey, 770. Mint, .508. National park service, 787d. War Finance Corporation, 31.15%;c. Disbursing clerks, Agricultural Depart- ment, 793. Chief of bureau of accounts of State Department acting as, 297. Department of justice, 526. Executive Departments, 258. For payment of pensions, 671. Treasury department, 354. District attorneys, 1418, 1419. Alaska, 3568. Arkansas, western district, 1450. California, southern district, 1438. Fees not to be received in addition, 1435. Idaho, 1438. Illinois, northern district, 1441. Nevada, 1447. New Jersey, 1447. New York, 1357. Southern district, 1436. Oklahoma, 1444. Panama Canal Zone, 10044. Payable when, 1428. Pennsylvania, eastern district, 1443. Porto Rico, 3803dq. South Carolina, 1362a. Texas, 1445. Southern district, 1367. United States court for China, 7692. District Court officers of District of Por- to Rico, 3803t. District judges, 969. Arizona, 1053. Georgia, southern district, 968c. Hawaii, 3727. New Jersey, additional judge for, 968g. New Mexico, 1083. New York, 1357. Panama Canal Zone, 10044. Pennsylvania eastern district, 968a. Porto Rico, 3803491. - [References are to sections, except where otherwise indicated.] SALARIES (Cont'd) - District Superintendents of life saving Stations, 8524, 8526. - Division Superintendents, Railway Mail Service, 7507. Rural free delivery service, 7294. Docket clerks for Solicitor of Treasury, 526a, Appendix p. 1743. - Door; evers. house of representatives, Senate, 58, 60. - Double salaries prohibited unless ex- pressly authorized, 3230, 3230a. 3230c, Appendix p. 1743. Not applicable to teachers in public Schools of District of Columbia, - 3230b. - Draftsman, national park service, 787d. Employés, of aircraft board, 3115/32e. Bureau of Standards, 925. - Bureau of war risk insurance, 514ll. Census office, 913, 918. - Children’s Bureau, 966. - Coast and Geodetic Survey, 8561a. Department of Agriculture, 794. Assignment, 808. - Pºnent from roll of bureau, etc., Rate specified, 802. Department of Commerce, 855. Department of Justice, 526. Executive Departments, 246. Lapsed, 249. - Federal Farm Loan board, 9835b(8, 9), 9835bb (3). - - Federal reserve board, 97.94(L). House of representatives, division prohibited, 65. - * affairs, limitation of amount, Interior Department, 669. Postal service, computation, 7240. Post offices, 572, 7231, 7255. Senate, 62. State Department, 297. Employés’ Compensation members of, 8932nn. Engineer of Agricultural Department, 793. Engraver of mint at Philadelphia, .6434. Eºmologist of Agricultural Department, 7 * - Envoys, Paraguay, 3123. Uruguay, 3124. - Estimates for, to be founded on express provisions of law, 6678. Reports in, of number and salaries of inefficient employés, 6679. - Transfers or changes to be submitted in, 6672. - Examiner of Claims for State Depart- ment, 521. - Examiners, federal farm loans, 9835s (3). Examiners-in-chief in patent office, 737, 738, 738a. - Executive clerks to President, 227. Executive secretary of Porto Rico, 3803hh. Experts, etc., inaugurating new methods of business, prohibited unless author- ized, 3227a. . . - Explosives inspectors, 31.15%g. Extra compensation prohibited, 3233-3235. Federal Board for Vocational Education, 93.90% CC. - - Federal Farm Loan Board, 9835b (2). Employés, etc., 9835b (8, 9), 9835bb (3). How paid, 9835b (8). . . . Federal farm loans, examiners, 9835s(3). Federal Reserve Board, 97.93(1). Federal Trade Commission, 8836b. Secretary, 8836b. Field officers of Coast and vey, 8562b. - Financial clerk in patent office, 673. f 739a, Appendix p. 1744. - irst assistants, commissioner of patents, 738. District attorneys, Illinois, northern district, 1434. i Pennsylvania, eastern district, 1443. | Secretary of Interior, 668. #. Comptroller of Treasury, 352. H'ish agent for Alaska, 3640. Fish inspector for Alaska, 3639. Foreman, first class post offices, 7231a. Press work in government printing office, 6983. Public binding, 6983, 7007, 7008. Public printing, 6983, 7007. orfeiture when absent from duty OL1 a C- § Count of intemperance, 2900a. augers internal revenue, detailed to fruit distilleries, 61.14d. General appraisers, 5593. commission, geodetic sur- GENERAL INDEX * [Page 23.031 [References are to sections, except where otherwise indicated.] SALARIES (Cont'd) General superintendent of life-saving Service, 8460. Government printing office, officers, clerks, etc., in, 6983, 7007. Governors, Panama Canal Zone, 10040. Porto Rico, 3803v. * * Territorial, 3432. Virgin Islands, 3924%a. Hºllan officers, paid by United States, Heads of Departments, persons tempo- rarily filling, 264. Heads of divisions in office of commission- er of internal revenue, 364. Indian agents, see Indian Agents. Indian inspectors, 3986, 3988. Indian service, per diem when detailed On Special duty, 4024. Inspectors, fish in Alaska, 3639. Indian, 3986, 3988. Lighthouses, 8434. Locomotive boilers, 8632, 8633. 8633, Appendix p. 1794. Mines in territories, 3519. Post office, 7547. Public printer’s office, 6983. Steam vessels, 8.168. Instructors, aeronautics, 8459%a (12). Revenue marine service, 8459% b (15). nº. Department, clerks and employés 1I], - - Internal revenue service, payment with- held until oath is made, 3265. International Waterways Commission, Interpreters at consulates in China and Japan, 3145. rºtate Commerce commissioners, 8587, 59 Judges (Const. art. 3, § 1). Circuit, 1109. - Court of Claims, 1127. Court of Customs Appeals, 1179. District, 969, 1053, 1083, 1357, 3727, 10044. Marshal to pay, exceptions, 1312a. Subsequent to resignation, 1237. Supreme Court, 1194. Time of payment, 547. TJnited States court for China, 7692. Judicial officers, Illinois, eastern district, 1350. PCentucky, 1355. New York, northern and western dis- tricts, 1357. - - Washington, 1371. West Virginia, 1373. Keepers, life saving stations, 8529, 8533. Lighthouses, 8447. Laborers in Executive Departments, 246. Law clerks, Department of Justice, 526. Solicitor of Treasury, 526a, Appendix p. 1743. State Department, to edit laws of Congress, 295, 297. 297, Appendix p. 1737. Law examiners in patent office, 738, 738a. Letter carriers, 7255. 7236aa, Appendix p. 1785. No distinction in salary between let- ter carriers assigned to collection duty and to delivery duty, 7236b. Rural carrier on Lake Winnipesaukee, 00b Substitute, 7243. Appointed to regular positions, 7249. Librarians, Agricultural Department, 793. Congress, 129 Patent office, 739b, Appendix p. 1744. Life saving service, 8524–8541. Lighthouse, board or service, additiona salaries prohibited, 8455. - Commissioner, 896. Inspectors, 8434. P&eepers, 8447. 8447, Appendix p. 1792. - Local inspector of steam vessels in dis- tricts named, 8.168. 8168, Appendix, p. 1791. Marshals, 1421. Arkansas, western district, 1450. California, southern district, 1437. Connecticut, 1449. Consular courts, 7656. Court of Customs Appeals, 1181. Idaho, 1437. Louisiana, eastern district, 1446. Nebraska, 1440. New York, 1357. Oklahoma, 1444. Panama Canal Zone, 10044. Payable when, 1428. Porto Rico, 380349. SALARIES (Cont'd) Marshals (Cont'd) South Carolina, 1362b. Texas, 1445. Southern district, 1367. United States court for China, 7692. Medical referee of pension office, 731, 9105. Melters, 6434. Boise City and Charlotte, 6531. New York, 6528. Messengers, Civil 3274. Court of claims, 1131. Court of Customs Appeals, 1183, 1184. Executive Departments, 246. - President’s, 227. Public printer’s office, 6983. Microscopists, Agricultural Department, 793 Service commission, Internal revenue commissioner’s Office, 6226. Mine inspectors in territories, 3519. Ministers, Guatemala, Costa Rica, etc., 3128. Hayti and Liberia, 3129. Paraguay, 3123. Uruguay, 3124. Mints, 6436. Denver mint, 6421–6423. Mississippi River Commission, 9994. Commissioner appointed from Coast and Geodetic Survey, 9995, 9995a. Municipal officers of Porto Rico, 3803VV. National bank notes receivable for, 97.21. National park service, assistant director, 787d. Chief clerk, 787d. Director, 787d. Draftsman, 787d. Navy department, clerks, etc., in, 614. Draftsmen, 6.15a. Panama. Canal officials, 10040. Parole officer, 1054:1. Patent-Office, 737-739. Examiners, 738a. Financial clerk, 739a. Librarian, 739b. - Paymaster in office of public printer, 6983. Payment in internal revenue and customs services withheld until oath is made, Restrictions on, 3228, 3239. Philippine Islands, officers of, 38.18a, 38186. Porto Rican officers, 3803V. Postal employés, substitutes, 7249a, 7249b. Postmaster General, 36, 234. Postmasters, 7189. - Acting, 7227. - Adjustment in accordance With re- ceipts, 72.17a, 7217b. Boston, 7224. Chicago, 7223. Deductions from receipts, First class, 7217. First, second and third class, adjust- ment in accordance With re- ceipts, 72.17a. Increase during war prohibited, 7226a. glass. 7218aa, 7267, 7268. Appendix D. Computation, 7226a. House of representatives, 59. Increase for extra labor, 7269. Limit of pay, 7226. New York City, 7220, 7221. Orders relating to, 7219. Philadelphia, 7224. Readjustment, 7220. St. Louis, 7225. Second class, 7217. Senate, 58. Third class, 7217. Washington, D. C., 7220, 7222. Post-offices, clerks and employés in, 572, 7231, 7236, 7249, 7255. 7509a, 7509b, Appendix p. 1787. Inspectors of, 7547. Presign, 223, 224; (Const. art. 2, § 1, CI. 6). Exempt from income tax, 6336d. President of Senate, 37 Private secretaries, commissioner of In dian affairs, 715. - - Interstate commerce commission, 8586, 8587b. Patent commissioner, 739. 739, Appendix p. 1744. Pension commissioner, 730. President, 227, 228. Public printer, 6983. Secretary of State, 297. 297, Appendix p. 1737. Public Health Service, 9129, 9135, 9136. SALARIES (Cont'd) Public Printer, 6971, 6983. Purchasing agents, Post-Office Depart- ment, 579. " Public printer’s office, 6983 Railway postal clerks, 7509, 7518. Rates, 3228a. Receiving from sources other than Unit- ed States, punishment, 3231a. Recorder of general land office, 693. Refiners, 6434. New York, 6528. Register of copyrights, 9569. Register of treasury, 352, 485. Registers and receivers, 4472. Alaska, 45.17. Commencement, 4483. Limitation of amount, 4476. - Rºls by Judicial Code not to affect, 7510, 7516, Reporters, committees of House, 78. Court of Customs Appeals, 1183. District court in Hawaii, 3727. House of Representatives, 78. Supreme Court, 1202. Reports in estimates of number and sal- aries of , inefficient employés, 6679. Representatives, 35, 36. Certificate of, 49, 50. By clerk during recess, 51. Substitute for speaker to sign, 52. In Congress (Const. art. 1, § 6, cl. 1). Deductions, absence, 42. - Books, 44. ..Withdrawal from seat, 43. Dying after commencement of Con- gress, 53, 54. Election for unexpired term, 57a. Lieu of all allowances except travel- ing, 47. º - Members elected to fill vacancies, 56. Payment, mode of, 48 Montº, to representatives elect, Subsequent to taking oath, 41. By sergeant-at-arms, 98, 100. Resident commissioners, election for un- expired term, 57a. - Philippines, 3817. Porto Rico, 36, 3798, 38030. Restrictions on payments, 3228. Arrearages due United States, 3239. Rural agents, 7294. Rural free-delivery service Carriers, 7300aa-7301a, Appendix p. 1786. - Length of route as determining, 7300. Scientific investigators of Agricultural Department, maximum, 800. r Second assistants, commissioner of In- dian affairs, 714. Secretary of State, 288, 289, 297. - 297, Appendix p. 1737. Secretaries, Agriculture, 36, 234, 791. Board of Indian Commissioners, 3981. Civil Service commission, 3274. Commerce, 36, 234, 853. In diplomatic service, classes, 3130b. Interior, 36, 234. rºtate Commerce Commission, 7. Labor, 36, 234, 932, 933. Navy, 36, 234. Senate, 58. • Smithsonian Institution, 10573. State, 36, 234, 285-287, 297. 297, Appendix p. 1737. Territorial, 3432. Treasury, 36, 234, 352. United States Tariff Commission, 5326b. War, 36, 234. - Senate officers or employés, 62. Senators, 35, 36; (Const. art. cl. 1). Certificate of, 49, 50. Deductions, absence, 42. Books, 44. Withdrawal from seat, 43. Dying after commencement of gress, 53, 54. Lieu of all allowances except travel- IIlg, s Members appointed or elected to fill vacancies, 56, 57. Payment, mode of, 48. Monthly, to senators elect, 39. By Sergeant-at-arms, 100. Sergeants-at-arms, house of representa- tives, 59, 61. * Senate, 58, 60. 1, § 6, Con- GENERAL INDEX [Page 2304] [References are to sections, except where otherwise indicated.] SALARIES (Cont'd) Solicitor-General, 516. §ºlicitors. Commerce Department, 524. Internal Revenue, 521. Labor Department, 525. State Department, 297. Treasury, 521. 526a, Appendix p. 1743. & Speaker of House of Representatives, 36. Special agents of treasury department, 5890 State Department officers, etc., 297. 297, Appendix p. 1737. \ Officers for drafting work, 297, Ap- pendix p. 1737. Statistician of Agricultural Department, 3 Stenographers, Civil Service Commission. 3274 Court of Customs Appeals, 1183. First class, post offices, 7231a. 7231a, Appendix p. 1785. Public printer’s office, 6983. Steward of President’s household, 227. Store-keeper gaugers, internal revenue, detailed to fruit distilleries, 61.14d. Storekeepers, internal revenue, 5862. Subtreasury officers, Baltimore, 6596. Boston, 6591. Chicago, 6600. Cincinnati, 6601. New Orleans, 6598. New York, 6593, 6594. St. Louis, 6597. San Francisco, 6599. Superintendents, Antietam battle field, 9368, Appendix p. 1798. Arlington Cemetery, 9367. Assay office at New York, 6528. Coast Survey, 8561. Division of finance in office of third assistant postmaster-general, 578. Documents, 6983. In office of, 6983. Public printer to fix, 7039. Experimental gardens and grounds, 793. Five Civilized Tribes, 3990a. Folding room of Agricultural Depart- ment, 793. Government hospital for insane, 9293, 9 Indian school, performance of duties of Indian agent, 3994. Ilibrary building and grounds, 134. 134a, Appendix p. 1737. Life saving service and stations, 8524, 8526, 8640. - Lighthouses, 8446, Appendix p. 1792. Mints, 6434. National cemeteries, 9367. Naval construction of Light-House Service, 896. Railway Mail Service, 7507. Rural Free Delivery Service, Seed room, 793. State, War, and Navy building, 3328, Appendix p. 1775. Supplies in government printing office, 6983 7294. Treasury building, 353. Supervising architect, 352, 357. In office of, 357, 358. Supervising inspector general of steam vessels, 8155, Appendix p. 1791. Supervising inspectors of steam vessels, 8157, Appendix p. 1791. Surfman in life saving service, 8533, 8535– 8541. Surveyors-general, Alaska, 4443. Arizona, 4440. California, 4440, 4441. Colorado, 4440. Consolidated offices, 4444, Idaho, 4440. Montana, 4440. Nevada, 4440. New Mexico, 4440. Oregon, 4439, 4441. South Dakota, 4442. TJtah, 4440. Washington, 4439. Wyoming, 4440. Surveyors of public lands, 4824a, Appen- dix p. 1777. Technical experts in office of supervising architect, 358. Telephone operators printer, 6983. Treasury department, 376. in office of public SALARIES (Cont'd) Temporary clerks, ments, 247 - Territorial officers, absence, not to be paid during, 3473. - Commencement of, 3469. Governors, 3432. Legislative assembly, 3451. Payable quarterly, 3470. Secretaries, 3432. Third, sistant secretary of state, Executive Depart- 289, 297, Appendix p. 1737. Transfer to other office or bureau, sub- mission in estimates, 6672. Translators in State Department, 297. 297, Appendix p. 1737. United States, 352, 472, 473. Treasurer, Porto Rico, 3803w. Treasury Department officers, 352, Appendix p. 1737. Holding over, 3229. Uºhorized offices, not to be paid for, 352. United States commissioners in, Lake National Park, 5230i. Glacier National Park, 5248i. . Mt. Rainier National Park, 5227i. United States officers as directors of War Finance Corporation, 31.15%C. United States Tariff Commissioners, 5326b. Vice consul, assuming charge of consul- ate, 3131. Vice-President, 36, 226. Wºman in government printing office, Waterways Commission, 10003%a. Workmen, Executive Departments, 246. New York assay office, 6529. SAILARY GRAB ACT See Salaries. £39 Text of act, 34, 38, 40, 47, 58, 59, 60, 61, 223, 226, 234, 258, 288, 290, 350, 369, 416, 521, 568, 572, 614, 666, 669, 690, 727, 793, 1194, .3406, .3409, 3417, 6402, 6591, 6593, 6595-6601, 10055, 10060, 10068, 10069. SARLERATUS Manufacture from grain on distillation ºpirits permitted in certain cases, SALES See Auctions; Lands. Abandoned military res tº in or Aś 5005. ry ervation buildings, bandoned property, deali * * e 2308a, art. ºp y aling prohibited, Adulterated food or drugs, 8718. Agricultural lands acquired for protec- Ajº. rº"; hed; 5183. 2. patents, purcha, * States, 3.115*/32f. p Se by United Animals and animal products, department of agriculture, 814d. Arms, to Indians, prohibited, duties of traders, 4133, 4134. To natives of certain islands in Pacific Ocean, punishment, 10481. Obsolete small arms to patriotic or- ganizations, 3098. Of United States, punishment, 10200. Army horses and mules, 1972b. Army Medical Department, supplies to Red Cross Association, 1963c. Army stores abroad, 420a (j). Army uniforms, etc., not to be sold, 6941, 10200. Attachment, property of defaulting post- masters, contractors, etc., 1554, 1556. Barrels not standard, punishment, 89076. Crater Indian Lands ; Public Blank books to Congressmen, 7180. Bonds of War Finance Corporation, 31.15%g. Bounty-land warrant before issue, pro- hibited, 4848. Captured property, dealing in prohibited, 2308a, art. 80. Card indexes, Library of Congress, 151. Publications of Agricultural Depart- ment, 829, 830. Cattle of Indians, 4120, 4121. Certificate of citizenship, ment, 10243, 10244. Charts, coast and geodetic survey, 7146. Hydrographic office, 7147. Northwestern lakes, to navigators, 328. Claims against United States before war- rant issued, 6383. Coast and geodetic survey charts, 7146. etc., punish- SAILES (Cont'd) Columbia. Institution for Deaf, real estate of, 9343. Condemned objects, furrºture, officers of #ate and house of representatives, Life Saving, Service, 8466, 8467. Machinery, etc., in government print- ing office, 6975. Mºrials of life-saving service, 8466, Stores, etc., proceeds paid into Treas- ury, 6609, 6610. Vessels, goods, etc., laws, 1565, 6. Conditioned that competitors’ goods shall not be used unlawful, 8835c. Congressional record and directory, 7002. Cºasts with United States, prohibited, under customs Corporate property, mode of ascertaining gain or loss from, for purpose of income tax, 6336j. Counterfeit certificates of citizenship and plates, 10243, 10244. Customs laws, abandoned merchandise in warehouse, distribution of proceeds, 5657, 5658. sº Articles in public warehouse liable to depreciation, 5662. Collectors of customs when to order, of property seized; proceeds of, etc., 5780-5782. Condemned vessels, goods, etc., made; distribution, 1565, 1566. Explosive articles deposited in ware- house, 5661. Merchandise in public store more than one year. 5659. Distribution of proceeds, 5660. Perishable articles, deposited in ware- house, 5661. Seized, 5783. & Dead or down timber in, Lassen Volcanic National Park, 5249g. Reservations, 4122, 4123. Deceased seamen’s effects, 8327. Department of Agriculture, animals, ani- mal products not needed, 814d. Copies of card index, 830a. Fº obtained from experiments, 832b. Samples of pure sugars, naval Stores, microscopical specimens, etc., 832a. Discrimination in price between purchas- er of commodities, unlawful where tend- ing to create monopoly, 8835b. . Diseased meats, 8681(21). Diseases of cattle_and of the horse, spe- cial reports on, 7097. Distress-warrants against public officers failing to pay over money, 6626-6631. Educational institutions, purchase of mil- itary stores and supplies, 2295a. - Ephemeris and Nautical Almanac, 7057. Estimates to contain statement of Sales of, materials, etc., 6742, 6743. Execution, in favor of United States, gov- ernment may purchase, 6376. Explosives, regulation of when United States at war, 31.15%a-31.15%kk. Fieri facias goods taken on by marshal, without appraisal, 1639. , Films by Secretary of Agriculture, 832c. Geological Survey publications, 778-782. Free distribution instead of, 7104. Publication for, at cost, 7.151. Gold by Secretary of Treasury, 6814. how Government printing office, condemned machinery, etc., in, * Documents, waste, etc., in 6985. Homestead rights benefit of infant chil- dren, 4543. Soldier’s additional certificate, 4601. Stockbridge Munsee Indians, 4607. Hydrographic office charts, etc., 7147. Immigration commission documents, 7131. Imported articles, price under foreign market value, prohibition, 8836m. Income tax, gain from sale of property. 6336bſc]. Indians, cattle of, 4120, 4121. - Hospital for, surplus products and waste material, 9331. Intoxicating liquors not to be sold to, 4136a–4143. Lands of, 4113. Allotted in severalty, 4225, 4227, 4228. Heirs of deceased Indian, 4223. Buildings on, 4112, 4113. Disposal of proceeds, 4069. Investment of proceeds, etc., 4076. interest, GENERAL INDEx [Page 2305] [References are to sections, except where otherwise indicated.] SALES (Cont'd) Indians (Cont'd) Lands of (Cont'd) Proceeds not subject to deductions for expense of public land Sur- veys. 4071. Validity, 4100. School buildings for, of, 4171. By traders with, 4127-4130. To white persons, prohibited, 4132. Insane hospital, typewriters and other equipment, 9331a. mºvorous birds, 8837b, Appendix p. Internal revenue, articles forfeited, found in possession in fraud of revenue laws, 6361. Commissioner to sell property acquir- ed by the United States on non-pay- ment of taxes, 5930. Delinquent collector’s property, dence of title, 5941. Distilled spirits for tax, use of tax paid Stamps, etc., 6131. Fermented liquors, packages having no Stamp or false stamp, 6149. Retail at brewery, stamps and accounts, 6155. Filled cheese, sales to be only in orig- inal stamped packages, 6245. Forfeited boilers, still, machinery, ma- terials, etc., at public auction 6352. Gº; Seized as subject to forfeiture, Imported cigars not taxed as required by law, as offense, 6212. Oleomargarine, to be in original Stamped packages, 62.18. Property distrained for non-payment of internal-revenue taxes, 5909–5917. Sales to avoid tax due, void, 6356. Stamps for cigars, 6205. Taxes payable by vendee, 6348b. Tobacco, Snuff and cigars under dis- traint, or by order of court or by any government officer, 61.78. Intoxicating liquors, District of Colum- bia, 34.21%a-3421%s. Home for Aged and Infirm, not to be sold near, 9333. Hospital for insane, not to be sold near, 9333. To Indians, as offense, 4136a. Proceedings and punishment, 4136a, 4137-4143. To natives of certain islands of Pacific Ocean, 10481. g Lands, acquired for production of tim- ber, lumber, etc., 69.11aa, Appendix discontinuance evi- In Glacier National Park to Glacier National Park Hotel Company, 5248m. Purchased for Indian schools, 4171a. Library of Congress, publications, 151. Lien of seller, bona, fide purchaser of or- der bill of lading issued by interstate carrier superior to, 8604t. Life Saving Service, condemned materials of, 8466, 8467. Lighthouse Service, etc., by, 8451. Lime in unmarked barrels and containers, 8907.j. Lº'etc., from land acquired by Unit- ed States, 6911aa, Appendix p. 1784. Marine-hospital buildings, etc., 9.197. Meats under false or trade-names, 8681 Supplies, materials, Microscopical specimens, samples of, 832a. Military academy, apparatus, 2277. Military property, prohibited, 2308a, art. 4(10). Supplies and stores, 1952–1962, 1972. Commanders not to be interested, 2308a, art. 87. To educational institutions, 2295a. By soldiers, 1973; 2308a, art. 84. To states for militia, 3069-3071. Misbranded food or drugs, 8718. Monopolies, discrimination in price be- tween purchaser, unlawful, 8835b. National bank stock, on failure to pay installments, 9678. Nººnal forest products, refunds, 5146, 5147. National Home for Disabled Volunteer Soldiers, stores, etc., for, 9259. National Monetary Commission publica- tions, 7140. Naval stores, samples of, 832a. Naval vessels, materials and stores, 2783– & COME.S.T. "18–145 SALES (Cont'd) Necessaries hoarded, 31.15%h. - Nitrate of soda, disposition of proceeds, 31.15%r, 31.15%rr. Obscene literature in territories, 10485. Official Register, 7092. Opium, 6287g-6287q. - In Cº. by citizens of United States, To natives of certain islands of Pa- cific Ocean, 10481. Ordnance, bureaus or departments, pay- ment, 3.108. Designers, 3100. Obsolete, for public parks, etc., 3103. Punishment, 10200. Schools, 3096. Sentimental reasons, 3104. Serviceable, application of proceeds, 107. sºn-bore Cannon for experiments, Partition suits, 1579. Patent specifications and drawings, 7093. Pensions, void, 9077. Pºnal property under order or decree, Photographic prints, Department, 831, 83 Plates of government publications, 7020. ºte. of Agricultural Pºgº Stamps, etc., unlawful sale of, 10378. Post route maps and rural delivery maps, 54a. 7264a, Appendix p. 1786. Potash, department of agriculture, 832b. Prize property, 8395. Marshal’s duties, 8402. Order of court, 8406-8408. Product of nitrate plants, 3110b. Products of cotton factories at United States Penitentiary at Atlanta, 10563c, Appendix p. 1800. Property acquired for housing of war- industry employés, 31.15%.e. Property acquired for war 6941a. Property transferred to alien property custodian, 31.15%ff. Protection of purchaser in military or naval service, 307844f. Publications of lighthouse service, 8459c, Appendix p. 1792. Public documents, extra copies, 7004. In government printing office, disposal of receipts, 6985. Reprinting for, 7097. By Superintendent of documents, 7039. Public lands, see Public Lands. Public property acquired by United States for debts, 6946. Persons in naval service, forbidden, 2975 (9). PostOffice department, deposit of pro- ceeds, 75.99. Unproductive, acquired for debts, 6942. Quartermaster property, to officers of navy and marine corps, 1954b. Real property under order or decree, 1640. Red Cross Association, from army medi- cal department, 1963c. Reports of, Commissioner of Patents, 7093. Revenue cutter service sale of rations to Officers’ mess, 84.59%b (42%). Revised Statuted, 7070, 71.17. R; and harbor improvement property, 82. Salvage services of seamen, 8325a. Samples of, naval stores, 832a. purposes, Pure Sugar, department of agriculture, . 832a. Seamen, effects of deceased, 8327. Slop-chest and supplies for, 8362. Securities, etc., by War Finance Corpora- tion, 31.15%hh. Session laws, 7114. Pamphlet edition of, 7116. Signal office, Surplus maps and publica- tions of, 329. Slop-chest, etc., for, seaman, 8362. sº reports on diseases of cattle, etc., 7. Stationery to Congressmen, 7180. Statutes at Large, 7072, 7114. Stores to officers and men of navy and Marine Corps, 2810, 2942. Subsistence supplies, army, navy and ma- rine corps, 1954a. Sugars, Samples, department of agricul- ture, 832a. Supplements to Revised Statutes, 7070, 7117. Additional copies for, 7.108, 7110. SALES (Cont'd) Supreme court reports, 1202. Timber, Alaska, public lands, 5092. Dead, Lassen Volcanic National Park, 5249g. On reservations, 4122, 4123. Glacier National Park, 5248. Indian lands, 4230, 4231. National forests, 5127, 5137. California, 5144. Deposits to defray costs of dis- posing of débris, 5137a. - Yosemite National Park, 5221. Tobacco by one manufacturer to another Without payment of tax, 6169. Tokens similar to coins, penalty, 10341. United States bonds or gold notes for loans to strengthen gold reserve, 9803. Unproductive lands or property of United States, acquired for debts, 6942. Unserviceable property furnished to mili- tia, 3057. TJseless papers, naval vessels, 2789. Post-Office Department, 607. Office of auditor for, 608. Use of flag for advertising purposes in District of Columbia, 3369b. Vessels, grounded and obstructing naviga- tion, 9925. Owned by United States 1789. Board, 8146dd. 8146e, Appendix p. Record of, 8146r(4), Appendix p. 1790. Rºyal of enrollment or license, Shipping In violation of shipping board act, 8146r(1), Appendix p. 1789. Wages, naval service, 2600, 2873. Seamen, exemption, 8325a. War Supplies, 6941aa, Appendix p. 1784. Waste paper, etc., Agricultural Depart- ment, Government printing office, 6985. Officers of Senate and house, 116. Wºher Bureau, maps or publications, wrecks obstructing navigation, disposal of proceeds, 99.24. SALESMEN Tobacco, Snuff and cigars, not to be deem- ed peddlers, 6187. - SAHLINE ACT See Saline Lands. Public lands, 4641. SALINE LANDS Entry under placer mining laws, 4641. Philipppines, sale, 3868. Sale, 4752. Minimum price, 4752. Quitclaim, 4752. Regulations for, 4752. Tºº of testimony with reference to, SAILMION FMSHERIES Alaska, catching with rod, spear or gaff, excepted from act, 3638. Closed season in certain waters, 3632. Hatcheries, inspection, 3629. º exempt from license fees, Jurisdiction over, transferred to De- partment of Commerce, 858. Licenses, 3628. Limitation of time for canning, 3634. Misbranding packages prohibited, 3636. Nets, Seines, etc., in certain waters restricted, 3631. Obstructions in certain waters prohib- ited, 3630. Rººts to department of commerce, Spawning grounds, 3633. Wanton waste or destruction prohib- ited, 3635. SAILMION IFISHERIES ACT See Salºmon, Fisheries. Text of act, 3628–3638, 3641–3643. SAHLOON STORES Vessels on northern etc., frontiers, when to be entered for duty etc., 5825. SAILT Pºiº remitted when used for curing fish 5726. Unlading, cargo destined for place othel than port of entry, 5472. Time for, 5573. * V; laden with, consigned “for orders, 5504. SALT LICRS Notation by surveyors, 4803. GENERAL INDEX [Page 2306] [References are to sections, except where otherwise SALT SPRINGS Notation by surveyors, 4803. SALWADOR. Minister to, 3128. SALWAGE Appropriation to pay, 6799 (40). Common ownership of vessels does not af- fect right to, 7990. ſmported merchandise, Owners, 5760. 'Laws concerning, not applicable to ships of war or government ships, 7994. Ilife salvors entitled to, 7992. "Limitation of action for, 7993. Waval officers and men to receive in the same manner as prize money, 8409-8412, 8418, 8419, 8426. Privateers salvaging vessels, etc., part to go to privateer pension-fund, 9091. Recapture, 8426. Seamen, lien cannot be abandoned, 8324. Exemption from attachment or ar- restrment, 8325a. - Suits by seamen without prepayment of or bond for costs, 1630a. "Vessels of navy, 2776a, Appendix p. 1764. War risk insurance, 5.14c. SALWAGE ACT See Salvage. Text of act, 7990–7994. SAMI&OAN HSHLANDS See Consular Courts. Acknowledgment of deeds, validity in ter— ritories' and District of Columbia, 3261. Civilian employés of navy, pay, 2797. IConsular courts of United States in, pro- visions relating to, extended to, 7673. Judicial authority of ministers and Con- suls of United States in, 7633-7665, 7673. SAMPLERS custº appraiser’s office in New York, 32. salvors deemed Prohibition against engaging in busi- ness, 5630. 1. SAMPLES Food and drugs, 8727. Imports, production before board of gen- eral appraisers, 5594, 5598. Lead ores, 52910152), 5616. Sugar, 5611. Teas for examination as to fitness, 8788, 8789, 8793. Wool and hair, houses, 56.12. Zinc ores, 52910162). Insecticides and fungicides, 8775. Paper, engraving and lithographing, 7003. Public printing and binding, bidders to be furnished with, 6957. Tobacco for navy, 6870. SAMIPHLING WORKS - Imported ores, construction or lease, 5617. SAN FRANCHSCO Port at which Chinese may enter, 4308. SANITARIUMI See Battle Mountain, Sanitariºm, Re- Se7°0962. deposit in customs Tºº of lands in national forests, 5140, SANHTATION Cuba, 7679. Indian homes, provision for, 4125b. SAN JOAQUIN RIVER, California, débris commission’s jurisdic- tion over hydraulic mining in territory drained by, 10007. Hydraulic mining prohibited, 10007. Restraining works constructed by fornia Débris Commission, 10029. §AN PEDRO California, establishment in Wilmington Harbor of lines beyond Which wharves, etc., cannot be extended, except, 9916. SAPPER'S T]uties to be performed by enlisted men of engineer battalion, 1844. SARSAPARILLA Internal revenue tax on, amount, 6161%a. Payment, vendee or lessee in certain injuring navigability Cali- cases, 6348b. Returns of manufacturers, etc., 616.1%b. \{AVINGS Deposits of soldiers’ savings, 2193–2195. SAVINGS BANKS See Postal Savings Depositories. Advances to by War Finance Corpora- tion, 31.15%.e. SAVINGS BANKS (Cont'd) Income tax, exemptions of mutual banks having no capital stock represented by shares, 6336k[a]. Interlocking directorates, exceptions, 8835H “ºnal" Inot to be used in title, except, Reports, 9778. SAVINGS DEPOSITORIES Postal savings depositories, SAWMILLS. Condemnation for military, etc., purpos- eS, 6911aa, Appendix p. 1784. SCHEDULES See Census. Bankruptcy proceedings, 7°uptcy. Mºhaneous Supplies for departments, 7580-7597. See Boºk:- Naval supplies furnished bidders, 6862. Rates, etc., of common carriers, changes On notice, etc., 8569. Filing, 8569. Forms of, 8569. Rejection for failure to give notice of effective date, 8569. ' Transporting freight through foreign country, 8569. Shipping articles for merchant seamen, etc., 8392. SCHOOL ARITHMIETHCS Illustrations of coins and medals, 10341. SCHOOL DISTRICTS Taxes, deduction from income tax, 6336e [a], 6336fſa], 6336/[a,b]. SCHOOL FUNIDS Appropriation for payment to certain States of proceeds of sales of public lands, 6799 (42). - Fines for setting fires to timber on public lands payable to school fund of county, Payment to state or territory of part of Imoneys received from national forests, 5149, 5186. - Proceeds of sales of vacated town sites in Oklahoma, 5039. Territorial funds, proceeds of sales of escheated lands, 3495. SCHOOL, LANDS Abandoned military reservations, tions in confirmed, disposal, 5012. Agricultural college landscrip, destroyed or lost, reissued, 4872. Limitation of entries by, 4873. Alaska, 5095. California, restrictions on grants, 4878. Deficiency, 4860. Selection to supply, 4860, 4861. Iº reservations, selection on ceded, New Mexico, provisions for selections to Supply deficiencies applicable to, 4868. Oklahoma, 5020. Platt National Park, state not entitled to indemnity lands for section with- in, 5245. Reservations in, 5023. - Settlements before survey on sections 16 or 36, 4860. Utah, additional sections, 4867. Provisions for selection to supply defl- ciencies applicable to grant to, 4866. SCHOOLS See Aero?va/M/tic Schools ; , Schools : Military Academy Mili- tary Schools : Mission School; Na- tional Training School for Boys ; National Training School for Girls : Nautical Schools : Naval Academy Naval Schools : Reformatories ; Vo- Gatio??&l Edº CatóO%. Office of Education, see Education. Alcoholic drink, effects taught in certain, 93.79–9381. Aºnition to be issued for instruction, 097. selec- I?? dºjo.7% Army service, 2016, 2017. Character of instruction, 1988a. Expenditures for, 1986. Officers’ pay, 2109. Teachers’ pay, 2159. Where established, 1988. - Compulsory attendance in, publication of facts as to, 767. District of Columbia, free tuition for children of officers and men of army and navy, 3369c. Special instruction to soldiers and sailors, 3369d. indicated.] SCHOOLS (Cont'd) Indian, 685-688, 5993-4180, 7161. Instructing aviation students, 1867n. Nºtics effects taught in certain, 9379- National forests, sites on, 5.130. National Training Schools, Boys, 9391-9412. Girls, 9413–9426. Office of Education, 765-769. Officers, removal for failure to teach effect of alcoholic drinks and narcotics, 9380. oranº, issuance to, permitted, 3094, Sale to, permitted, 3096. Philippines, bonds for construction, 3908. Porto Rico, duties of commissioner of education, 3803ſf. Transfers by homestead settlers for, 4535. Vocational education, 939044a–939044 mm. SCHOOL SHHPS - Graduates of may be given certificates as able Seamen, 8363a. SCIENCE - - See Scientific Books ; Scientific Collec- tions ; Scientific Employés : Scientif- ic Institutions ; Scientific Instru- Treºts ; Scientific Investigations ; Soi- entific Purposes ; Scientific Societies. Preservation of objects of scientific in- terest, 5278-5281. SCIENTIFIC APPARATUS Department of agriculture, exchange, 814a. SCIENTIFIC ASSOCHATIONS Income tax, exemptions, 6336k[a]. SCIENTIFIC BOOKS Purchase of, for Geological Survey, 775. SCHENTIFIC COLLECTIONS See Science. Governmental, use for research, 9382. SCIENTIFIC EMPLOYES Geological Survey, 773, 774. SCIENTIFIC INSTITUTIONS See Scientific Societies. Excavations in Mesa Verde National Park for benefit of, 5240. Permits for excavation of archaeological sites, etc., 5280, SCIENTIFIC INSTRUMENTS Loan of, to weather service, 643. SCIENTIFIC KNVESTIGATIONS Bureau of Mines, 784–787. SCIENTHFIC PURPOSES See Science. Buildings may be erected in Hawaii Na- tional Park, 5249m. Importation, diseased plants, etc., 8759. Nursery stock for, 8752. Insect pests, transportation, mailing, etc., of, 8748-8751. Porto Intoxicating Rico, Sºt of alcohol to Alaska, 3643ff- liquors, in 3803a.a. §3. Use of mails for advertisement of, 10387e, - Migratory birds, Appendix p. Sale of pathologica, and zoological speci- ments for, 852. SCIENTIFIC SOCIETIE3. See Scientific Institutions. Income tax, exemptions, 6336k(a). Postage on second class mail matter of, 7358b. Publications of as second class mail mat- ter, 7.309. SCHONS Plant Quarantine Act, 8752–8764. Postage rates, 7326, 7363. SCIRE FACHAS Attorneys’ fees, 1378. Power to issue, 1239. SCOUTS See Boy. Scouts of America : India its ; Philippines. Army, Indian, 1717, 1717a. nests or eggs, 8837h, Indians, existing laws to remain in force, 1991a. SCRIP Land scrip, see Land Warrants. SEA-COAST United States, division into five great dis- tricts, 8100. SEA-GOHNG BARGES Equipment required for registry, enroll- ment or license, penalty for navigating without, 8180. - GENERAL INDEX SEA-GOING BARGES (Cont'd) Inspection certificate, 8178. Penalty for navigating without, 8180. Required for registry, enrollment or li- cense, 8180. SEA LETTERS Maritime, deposit with consul at foreign port, penalty for failure, 8055, 8056. Exemption of vessels carrying from payment of light money, 7819. Forged, making or use of, 7777. Passport for vessel sailing for foreign port under, 8054. Vessels to which issued, 7776. Postal, pay for carrying, 7470. Postage rates on, 7367. SEAL FISHERIES ACT See Seal Fishery. Text of act, 8850, 8853-8858, 8865. SEAL FISHERY General provisions, 8838-8865. ACCounts relating to, 420, 421. Settlement of, 420, 421. Agents to manage fisheries, 8861-8864. Additional Officers, agents, etc., ap- pointment, duties and compensation, 8865. Appointment, 8861, 8865. Assistants, 8861. Authority to administer Oaths and take testimony, 8864. Compensation, 8862, 8865. Duties, 8861, 8865. Interest in right to take Seals pro- hibited, 8863. Traveling expenses, 8862. Alaska game act not to affect, 3615. Breeding, selection of seals for, 8848. Delivery of skins to Canadian and Japa- nese governments, 8848. Depots for fur seals, 8865. Forfeiture of vessels, etc., engaged in vio- lating act, 8843. For unlawful killing, 8850, 8855. Guard of waters, 8846. Importing illegally taken skins prohibit- ed, forfeiture, 8841. Investigations, governor of Alaska to Imake, 3560. Seal life on Pribilof Islands, 8860. Jurisdiction over, transferred to Depart- ment of Commerce, 858. PCilling fur Seal, Alaska, prohibited, pen- alty, forfeiture of vessels, etc., 8850. Female Seal less than one year old, 8855. North Pacific Ocean, prohibited, 8838. Pribilof Islands, limitation of num- ber, 8856. Natives employed in killing seals and curing skins, compensation, 8858. - Regulations, 8856. - Restricted to officers of United States, etc., 8856. Sale of skins, disposition of pro- ceeds, 8857. Suspended, exceptions, 8848. Resumption of killing, 8848. tºrul, except as authorized, TJse * firearms, etc., prohibited, 8854. . Waters adjacent to, unlawful, 8855. Legislature of Alaska, not to amend or repeal laws, 3530. Patrol of waters, 8846. Pelagic Sealing, definition, 8849. Equipping, etc., vessels for, prohibit- ed, 8839. Natives permitted to carry on, under restrictions, 8840. Person, definition, 8849. Presumptions as to violations of act, 8844. Pribilof Islands, declared special reser- Vation, 8853. , Fur seals for natives of, 8865. Rilling fur seals on, 8848, 8854–8858. Privileges of natives, 8854. Protection of fur seal in North Pacific Ocean, 8838-8849. Punishment, unlawful killing, 8850, 8855. Violations of act, etc., 8843. Purchase from lessee of right to take Seals, property used therefor, 8865. Receiving skins taken by Japan and Great Britian, 8848. - - Regulations by President, 8842. Remission of fines, penalties and forfei- tures incurred during, 10131. Retention of skins by United States, 8848. [Page 2307I | SEAL FISHERY (Cont'd) Sale of skins by United States, 8848. Time, manner and disposition of pro- ceeds, 8848a. - Secretary of Commerce, duties of, 8850. Enforcement of regulations by, 8842. Seizure and search of vessels, 8846, 8847. Tºportation of provisions and supplies, Venue of prosecutions, 8845. SEAL ISILANDS Sale of lands prohibited, 5082. SPEALS Agricultural Department, 816. Altering, 10240, 10240b. American National Red Cross, 7698. Authentication of legislative acts and ju- dicial proceedings under full faith and credit clause, 1519. Circuit courts of appeals, 1114. Columbia. Institution for Deaf, 9341. Commissioner of Indian Affairs, 720, 721. Comptroller of Currency, 502. Authentication of papers, 1496. Consulates, 3208. Copyright office, 9573. Counterfeiting, 10240-10240b, 10514a–105.14d. Court of Claims, 1128. Court of Customs Appeals, 1185. Courts of United States, 1534. Department of Commerce, 853. Department of Justice, 528. Department of Labor, 932. Distilleries, punishment for breaking or injuring, 6006. Federal reserve banks, 9788(4). Federal Trade Commission, 8836a. Forging, 10240-10240b, 10514a–105.14d. Seal of court, 10300. Fraudulent affixing, etc., 10240a. General Land-Office, custody of, 700. Patents to have affixed, 706. Impression on paper sufficient, 6. Interior Department, copies of records, etc., attested by, 678. Interstate Commerce Commission, judi- cial notice of, 8586. - Legations, 3208. National banks, 9661. Patent-Office, 740. Certificate of registration of trade- marks to have affixed, 9496 Patents to have affixed, 9427. Postmaster General, 581. Railroad car, unlawfully breaking, Sh1pping-commissioner, 8295. Solicitor of Treasury, 548. sº Department, custody of Secretary, 3 8603. Stills, Commissioner of Internal Revenue to furnish, 6008. Surveyors-general, 4458. United States, 3304. Custody of Secretary of State, 301. Secretary of State to affix to commis- Sions, 3305. TJnited States commissioners, 1335. United States court for China, 7687. |United States Shipping Board, 8146b. War Finance corporation, 31.15%d. SEAMEN See Eastra Wages to Seamen ; Mer- chant Sea/men ; Shipment of Seamen ; Soldiers’ and Sailors’ Civil Relief. Navy, see Sailors. Shipping articles, cles. Shipping commissioners, see Shipping- Coºnºmissioners. Wages and eactra wages, see Eastra. Wages to Seamen ; Wages. SEAMEN’S ACT See Merchaſn't Sedºme?!. Text of act, 7734, 7978a, 8225, 8258, 8306, 8320, 8322, 8323, 8325a, 8337a, 8348, 8363a, 8363b, 8372, 8380, 8382–8382c, 8391, 8392a. SEA OTTER, General provisions, 8838–8849. SEARCHES AND SERIZURES Arms, munitions, etc., intended for ex- port, 7678d–7678k. Articles shipped in violation of regula- tions, 8243-8246. Automobiles, etc., used for conveying liquors. into Indian country, 4141a. Bailing and delivery to claimant of ves- Sel, goods, etc., seized, etc., 1564. Burden of proof on claimant, 1532. cºcate of probable cause in cases of, 1611. Commissioners to administer oaths to see Shipping-Airti- appraisers, 1043. [References are to sections, except where otherwise indicated.] SEARCHES AND SEIZURES (Cont'd) Costs, double costs allowed defendant, in action against officer, etc., 1612. Not allowed claimant when made with probable cause, 1611. Counterfeit coin, etc., 10343. Customs laws, appraisement; 5777. Burden of proof, 1532, 5791. Claim for property, bond, 5779. Burden of proof on claimant, 1532. Commencement of suits for, etc., 5790. Concealing, buying, etc., goods liable to, 5785. Cº.; payable from proceeds When, Custody of imports under, 5789. Distribution of proceeds of sale, 5782. Entry of building, 5768. Goods entered for export with allow- ance of drawback and relanded, by What . officers may be made, 5752. Merchandise unlawfully entered, 5525, Notice of, 5778. Obscene matter unlawfully imported, Officers, board vessels, demand mani- fest, and make, 5770. To make known character, 5774. Penalty for refusing to allow, 5764. Perishable articles, sale, 5783. Persons and package, regulations, 5768. Release on payment of , appraised val- ue, 5784. Remission of forfeiture under, 5781. Report by collector to solicitor o' treasury, 5786. Sale of property under, 5780. Perishable articles, 5780. * Proceeds, costs, payable from, 5793. Distribution, 5782. Stores, warehouse, etc., on boundary of contiguous country, 5819. Suits against Officers, evidence under general issue, 5776. Vehicles and persons. 5763. Vessels, etc., 5761, 5763, 5770. Vessels in foreign trade, subject tº penalty for violation of laws, 5792. - TJnlawful importation, 5807. When and where to make, etc 5775. - Warrant, 5769. When and where made, 5763. Delivery may be ordered by judge, in vº cation, 1566. Destroying seized property, 10233. Disposition of property taken, 10496%p. Existing laws not repealed, 10496%.v. Exports during time of war, 7678b, 7678d. Filing papers with clerk of court having jurisdiction, 10496%q. Food, etc., under 31.15%h. Fur seal and sea otter skins illegally taken, 8841. Fur seal fishing vessels engaged in vio. lating act, 8846, 8847. Gold, etc., bearing false stamps, 8804. Goods of foreign public ministers, penalty for suing out, 7612. Process for void, 7611. When allowed, 7613. Guns, etc., used in taking game in Yel- lowstone Park, 5193. Indian country, use of military force, 4153 conservation act, Indian laws, proceedings against goods seized, 4117. Internal revenue, authority of officers, 5886. Cask or package containing distilled spirits from which marks, brands, and stamps not obliterated, 6105. Distilled spirits, burden of proof to be on claimant, 6.130. Destruction of distillery and ap- paratus, 6129. Report of destruction of distillery and apparatus, 6129. - Exceptions of transferring merchan- dise from discontinued bonded ware- houses, 6011, 6012. Fermented liquors upon removal from warehouse without payment of tax. 6159. - Peddler’s Wagon, etc., for failure to exhibit certificate, 6190. Proceedings on seizure of goods for violation of laws, 6362. Release of distillery before judgment, when, 6128. GENERAL INDEX IPage 23081 [References are to sections, except where otherwise indicated.] - SEARCHES AND SEIZURES (Cont'd) Internal revenue (Cont'd) Revision of penalties, 6363. Taxable articles held with intent to defraud the revenue, etc., 6355. Warrant may be issued to Officers in cases of fraud on revenue, etc., 6364. Intox; liquors in Alaska, 3643 j- District of Columbia, 3421%ff, 4821441. Indian country, 4141, 4144a. Shipped in packages not plainly mark- ed, 10410. Jurisdiction, 1051.4b. District courts, 991(3). Exclusive, 1233(4). New York, 1084. Letters illegally carried, 7473-7475, 7552. Lien, creation of new district, 1042. Lottery tickets unlawfully imported, 5301. Mail matter. transported in violation of law, 7473, 7552. - Migratory game bird treaty act, viola- tion of, 8837e, Appendix p. 1795. - Mº; boats for violation of regulations, 84. Notice of libel, etc., to be given, 1549. Obstructing, etc., service or execution of warrant, 10496%r. Officer exceeding authority, 10496%u. Officer or prosecutor not liable to action or costs when made with probable cause, 1611. , - Partial invalidity of act, 105.14d. Pension not liable to, 9080. - Perjury in proceeding for, 10496%.S. Philippines, 38.10. |Piratical vessels, 8042–8045. Postal matter seized, how disposed of, 7344. - Property employed in aid of insurrection, 10150. Property in possession of alien enemies, 76.15 Property of trusts, etc., in restraint of import trade, 8834. In transit, 8828. Prosecutions under prior laws, 105.14c. Rescuing seized property, 10233. Restoration of property taken, 10496%p. Restrictions (Const. am. 4). Retention of custody of property taken, 1049674 p. Revenue laws, joinder and consolidation of proceedings, 1546. Sale may be ordered by judge in vacation, 1566. - Search warrants, affidavits, 10496%.c- 10496%.e. Affidavits, filing, 10496%q. Authority to issue, 10496%a. Contents, 10496%f. Depositions, 10496%d, 10496% e. Evidence, filing, 10496%q. Examination of applicant and Wit- nesses, 10496%d. Grounds for issue, 10496%b. Inventory of property, copy for per- son from Whom property taken, 10496%in. - Filing, 10496%q. - Verification, 10496%m. Issue, 10496%f. Malicious procuring issue of, 10496%t, Porto Rico, 3803a.a. ' Probable cause, 10496% c. Procuring issue without, 10496%t. Service, 10496%g-10496%m. Aiding, 10496%.g. - Breaking and entering, 10496%h. “ To liberate detained person aiding in execution of, 10496%i. - - By whom served, 10496%g. Copy and receipt for property tak- en to person from whom taken, 10496%l. Day time, 10496%j. Obstructing, 10496%r. Return, 10496%k. Contents, 10496%m. Copy of inventory for person from Whom property taken, 10496%m. Filing, 10496%q. Time for, 10496%k. Taking testimony, 10496%o. Silver bearing false stamp, 8804. Slave trade vessels, 10419–1044I. Subornation of perjury in proceeding for, 10496%s. SEARCHES AND SEIZURES (Cont'd) Timber unlawfully cut from public lands, for exportation, 4987. Traps used in taking game in Yellowstone Park, 5193. - United States defined, 10.514a. Unreasonable searches and seizures pro- hibited, Philippines, 3810. Porto Rico, 3803a.a. Vessels, carrying away live-oak and red cedar timber, 4981. By customs officers, 5761, 5763, 5770. Domestic commerce, proceeding to foreign port Without registry, 8086 Violations of law, notice of, 8134. From foreign adjacent country, viola- tion of regulations, 5821. Letters illegally carried, 7473. - Owned, etc., by alien enemies, 8146rr, 8146s. Piratical, 8042–8045. Sale, after condemnation, 1565. Slave trade, 10433. Apprehension of Officers and crew, 10436. Disposal of proceeds, 10434. Instructions to masters of vessels, 10440. Persons found on seized vessel, 10435. - Port to which captured vessel to be sent, 10438. - Removal of persons delivered from seized vessel, 10437. Transportation of coolies, 4343-4347. TJnlawfully taking sponges, 8868. TJse of as resort for persons conspir– ing against United States, 9959%.C. Venue, 1029. armed Violating acts relating to fur-bearing || animals, 8851. Vºins Chinese Exclusion Act, 4297, 305. - Violating fur seal act, 8846, 8847. Violating regulations, 5821, 82.75. - In time of war, etc., 9959%b. Warrants, requisites (Const. am. 4). SEA SERVICE Navy, defined, 2859. Exemption from, officers who have been chiefs of bureaus, 2608. Pay of officers, 2820, 2821. Limitation of claims, 2822. Pay of marine corps, 2929a. Promotion of commanders, captains and lieutenant commanders dependent On, 2697 h. SEA STORIES Duty on excess, 5493. Vessels on northern, 5824. Exemption from duty reported in mani- fest, 5.492. Forfeiture for 5494. - Tººter to other vessels of same owner, 5494. r Vessels on northern, etc., frontiers, duty On excess, 5824. Report of, 5823. Saloon purposes, to pay duty, 5825. SEAT OF GOVERNMENT See Public Buildings aſſºci Grown ds. Agricultural Department established at, 788. Alaska, 3529. Capitol building and grounds, 3386-3415. Pºrtment of Commerce established at, Department of Justice located at, 515. Established in District of Columbia, 3306. Interior department located at, 665. Navy Department established at, 610. Offices to be exercised in, 3307. - Porto Rico, 3753, 3803b. Post-Office Department established at, 567. Public buildings and grounds, 3308-3369. Removal of offices from, in case of epi- demic or contagious disease, 9180. State Department located at, 284. Supreme Court may be adjourned, to an- other place in case of epidemic, 91.81. Tºorial, legislative assembly to fix, etc., frontiers, landing without permit, 3370-3382, Treasury Department located at, 349. Treasury of United States to be at, 6578. War Department located at, 311. SEAWORTHINESS See Vessels. SECONDARY EVIDENCE See Evidence. SECOND CLASS MAIL MATTER See Mails. SECONHD. LIEUTENANTS See Lieutenants. SECOND LIEUTENANTs of ENGI- NEERS See Lieute?? ants. SECRETARIES See General Land Office ; Hawaii; In- terstate Coqmºnerce Commºnission ; Mili- tary Secretary ; Porto Rico ; Private Secretaries ; Secretary of Agricul- ture ; Secretary of Coºnºmerce ; , Sec- retary of Interior ; Secretary of La- bor ; Secretary of Navy Secretary to President ; Secretary of State : Secretary of Treasury, Secretary of TWO?". Secretary of Senate, see Senate. Admiral, 2489, 2490. Pay, 2816 Board of Indian commissioners, Salary, 3981. Civil Service commission, and salary, 3274. - Commission of Fine Arts, 3367. - Departments, approval of order for re- printing of documents, 7097. Embassies and legations, absence Without leave, 3199. Acting as charge d'affaires, 3131. Appointment, 3.130. Assigned to act as counselor, 3130aa. Assigned to state department without loss of grade, class or salary, 3130a. Assignment of copyrights acknowledg- ed before, 95.64. Commissions not to any particular post, 31.30a. - Depositions, etc., taken by, 3211. Diplomatic officers, 3116. Paris, allowance, 3135. |Payment of expenses for Subsistence When detailed for special duty out- side city of Washington, 3131a. President not to assign to particular post and may transfer from one post to another, 3130a. Promotion, reports as to efficiency, 3130C. Qualification and grading, 3130b. Salaries of, 3117, 3125, 3131. Classes, 3130b. - Term during which payable, 3.198. Transaction of business prohibited, appointment, Turkey, consul-general to be, salary, 3125 Executive secretary of Porto Rico, 3803hh, 3803v. Interstate Commerce Commission, 8586. Books from library of congress, 141. Members of conference of governments to consider question of disarmament, 7686b. Mississippi River Commission, 10000. Naval academy, pay, 2816. Naval officers, 2489, 2490. Officials retired from active service, com- pensation prohibited, 3243a. Porto Rican courts, 3803uu. President, appointment, 227. Assistant secretaries, appointment, salary, 227. Expenses for horses and Carriages, 3237, 3238 Salaries, 337, 228. Secretary to sign land patents, 695, Smithsonian Institute, acting Secretary, 10569. Appointment, 10568. Assistant, compensation, 10573. Removal, 10573. Books from library of congress, 139. Compensation, 10573. Duties, 10570. Removal, 10573. Statement of expenditures, 10571. Territorial, appointment and duties, 3429, 3430, 3431, 3467. - Oath of office, 3468. Pamphlet copies of statutes for, 7071. Salary, 3432 Extra compensation p. Ohibited, 3443. Payable quarterly, 3470. |United States Tariff Commission employ- ment and salary, 5326b. GENERAL INDEX IPage 2309] [References are to sections, except where otherwise indicated.] SECRETARY OF AGRICULTURE See Agricultural Colleges ; Agricultu- ral Easperiment Stations ; Agricul- ture, Department of ; Animal Industry : Grain Standards ; Insecticides and Fungicides ; Meat Inspection ; National Forests ; Plants : TWarehouses. See titles of the specific subjects, such as Bureau of Animal Industry, wºnder Animals and Aniºnal Industry, etc., TVeather Bºrea/M. Accounts, Auditor’s examination, 420. Advances from appropriations, 6649. . Forest service for fighting forest fires, 50. Advances for subscriptions for publica- tions, 6652. Advertisement, contracts for printed pack- ets and envelopes for mailing seeds, bulbs, etc., 8.20a. Agricultural colleges, 8870–8877. Co-operative extension work, certifi- cation of amounts due states, 8877f. Manner of carrying on co-operative extension work, 8877b. Reports by, 8873. Warrants of, for payment of appro- priations, 8877d. Agricultural experiment stations, admin- istration of the law, 8894. Annual ascertainment and certifica- tion of amounts due States, 8894. Fºyment of assistants, clerks, etc., 90 Expenditures for supplies, etc., 8890. Reports by, 8881, 8892, 8893. Reports of director of office, Super- vision of, 7134. Reports to Congress, 8895. Of expenditures, 8890. Supervision of, 8881. Warrants for payments to, 8892. Agricultural implements, information ob- tained by consuls, reports, 3169. Animals, meats, and meat and dairy prod- ucts, 8681-8716. Agents to examine and report On methods of treatment, etc., of ani- mals, appointment, & sº Bureau of Animal Industry, employés for, 850. Cattle inspectors, appointment, 8709. Cruelty tº animals in transit, report of, 8654. Diseases and diseased, agents to ex- amine on methods, of treatment, 8690. District of Columbia, reports to, 8696. Fences along international bound- ary linés to keep out, 8707. Investigations, 8692. Measures to prevent exports of diseased live stock, 8693. Moving from quarantined State Or Territory, 8704. Notice to railroads, etc., in infect- ed locality, 8695; Quarantine, 8686.” ſº Regulations to prevent contagious, etc., diseases, 8699 Slaughter, 8687. Suppression, 8690. Co-operation with States and Territories, 8691. Regulations, for, 8691. Suspension of importation, 8688. Export, inspection of animals, etc...iº. tended for, 8681(10-12), 8689, 8709. Rules as to accommodations On vessels for export cattle, 8651, 8656. Sanitary inspection, , and regula- tion of slaughtering, packing, etc., establishments, 8681(6). Importation, designation of ports for, 8687. Destruction of imported meat unfit for food, 52910545). For immediate slaughter at ports of entry of tick infested cattle, 8689a. - Inspection of animals imported, 8689. Permits for, 10411. Regulations for importation of meats, 52910545). Regulations for importation of pedigreed, animals, 5291397). Inspection, animals slaughtered dur- ing nighttime, '8681(7). Estimates, 8681(22), 8682. Before slaughtering, 8681(1), 8710. Animals and SECRETARY AGRICULTURE (Cont'd) Animals (Cont'd) Meat inspection, 8681–8683. Estimates, 8681(22), 8682. Inspection of carcasses of cattle, etc., intended for export, 8681 (13–15). Regulations, 8711. To prevent transportation of OF #emned carcasses, etc., 5. - Salted pork and bacon, for ex- port, 8683. Meat inspectors, appointment, 8681(2, o 2. Removal from establishments, 8681 (2, 4). Quaranting of State, etc., 8701. Where cattle are infected with contagious, etc., 8701- 8705. Regulation of exportation and trans- portation of infected live stock, 8698. Regulations for inspecting, disinfect- ing, etc., and shipment from quar- antined State, etc., 8703. Sale or exchange of animals purchas- ed for Bureau of Animal Industry, diseases, 851. Appointment, 789. Assistant Secretary, appointment, 790, 90a. Duties, 790, 790a. Salary, 790a, 791. Birds, permits for importation of certain, 104.11. Board to hear appeals from commission- er of internal revenue, oleomarga- rine contests, 6226. - Quality of filled cheese, member of, Bond, 815. Books from library of congress, 139. Card indexes of publications of Depart- ment, sale of copies, 829,830. Chief clerk, appointment, 794. Bond, 815. Clerks and employés in department, ap- pointment, 794. - * Commissioner of Agriculture, duties Of former, performed by, 819. * : * Conservation of food, etc., co-operation of government agencies with secre- tary, 31.15% c. Co-opération with state and local of- ficials, 31.15%bb. Investigations, 31.15%aa. Purchase of seeds, 31.15%b. Reports to congress, 31.15%d. & Contracts, printed packets for mailing seeds, bulbs, etc., 8.20a. Control and supervision of department, 789. Cotton, crop reports, 825-827. Establishing standards , for grades, 8742. Cotton futures tax, 6309a-6309W. Regulations, 6309e. Council of national defense, member of, 31.15a. Crops, approval of monthly crop reports, 825. Printing of monthly report, 7163. Custody of property of Department, 817. Custody of records of Department, .317. Dairy products, inspection, etc., 8716. Detail of employés from office of, 803. Estimates and appropriations, 838a, 6721. Statement as to proportion paid for quarters occupied by Department, 6723a. Excavation of archaeological sites, etc., permits for. , 5280. * Exchange, animals or animal products not needed, 814d. * Apparatus and laboratory equipment, 814a. Books, 814c. - Motor vehicles, etc., 814bb. Expert detailed as member of advisory board of hygienic laboratory by, 9143. Federal Board for Vocational Training, member of, 93.90% co. Federal Horticultural Board, ment, 8764 Federal reserve bank organization Com- mittee, member of, 9786(1). Food and drugs, regulations for carrying out provisions of act, 8719. Reports of compensation or expenses of officers under Pure Food and Drugs Act, 839. appoint- SECRETARY OF AGRICULTURE (Cont'd) Food and drugs (Cont'd) Samples delivered to, by Secretary of Treasury, 8727. Game birds, importation of eggs for prop- agation, 822. Preservation, etc., 821. General powers and duties, 818. Geological survey, reports by, 5179. Grainº, Seeds, certificates of inspection, Franks for mailing may be required by, 6994. Purchase and distribution, 818, 820. Regulations to prevent importation of adulterated, etc., 8744. Samples, examinations of and reports On, 8743. Tests, for adulterations, 8741. Grain standards, duties, powers, etc., 8747%-8747%k. Indian lands, allotment in severalty, na- tional forests, determination as to whether lands are more valuable for agricultural, etc., purposes than timber purposes, 4200. Insecticides and fungicides, certification of violation to district attorney, 8768. Examination of samples, 8775. Notice of adulteration, 8768. Regulations for carrying out provi- sions of act, 8767. Insect pests, regulations transportation, etc., 8750. Internal revenue, inspection of process or renovated butter, 6239. Sanitary regulations of renovated but— ter factories, 6240. Inventories of public property, 280. Leave of absence, employés, 807a. Loan, , etc., of films, 832c. Migratory game and insectivorous birds, determination as to time and manner of taking, etc., 8837c, Appendix p. 1795. National forests, 5121-5187. Construction of roads and trails, 5150a. Development of mineral resources, in agricultural homesteads, 5187a. Expenditure of fund created by depos- its to defray cost of disposing of dé: bris caused by cutting timber, 5137a. Member of national forest reservation commission, 5177. Permits for use and occupation of lands for Summer homes, hotels, etc., 5141a. Protection Of game on portions of land acquired for protection of water sheds, 5187b. Purchase of nursery stock, etc., for, advertisement unnecessary, 6834a. Regulations as to mineral resourc- es, 5187a. Reports, disposal of money received as Contributions towards various in- vestigations, 5145. To National Forest Reservation Commission, 5179. Quantities of earth, stone and tim- ber, taken from national forest for use of navy and Alaskan rail- way, 5138a. Timber on, export, 5138. Sale, 5 National park service, co-operation with director, 787e. Nursº, stock, permits for importation, for mailing, Purchase for national forest, adver- tisement unnecessary, 6834a. Pathological and zoological specimens sold by, 852. Photographic prints, etc., of Department, sale of, 831, 832. Pink bollworm, investigation, 827a. Plants, distribution of, 818. Importation, 8758. - Diseased for experimental purpos- es, regulations, 8759. Notice of regulations for inspection, etC., gº Notification of arrival, 8753. Promulgation of regulations, 8761. Purchase and distribution of, 820. Quarantine, 8752-8764. Interstate quarantine, 8760. Regulations for importation of plants, etc., other than nursery stock, 8756. Reports and bulletins, printing number of copies, limit of size, 7163. Reports, annual, 835–837, 839a. Approval of illustrations for, 7054. GENERAL INDEX IIPage 23101 [References are to sections, except where otherwise indicated.] 'SECRETARY OF AGRICULTURE (Cont'd) Reports (Cont'd) Conservation act, 31.15%d. Disposal of money received as contri- bution for various investigations, 5145. Division into parts, printing, number of copies, allotment, illustrations, 7054. Expenditures, agricultural extension work and experiment stations, 839a, 8890. Construction of roads and trails in national forests, 5150a. Passenger carrying vehicles, 814b. Information derived from consuls, 3167. Investigations, 838b. National Forest Reservation Commis- sion, reports to, 5179. ~ Quantity and value of earth, Stone and timber taken from national forests for use of navy and Alaskan rail- way, 5138a. Receipts and expenditures, etc., of sºultural experiment Stations, 895. Co-operative agricultural extension work, 8877f, 8877g. Special, 835. Suppression of contagious, etc., diseas- es among domestic animals, 838. Reports to, receipts, expenditures of ap- propriations for Agricultural Colleges, 77d. Rural post roads, 7477a-7477i. Clerks, employment, 7477h. Salary, 36, 224, 791. Sales, animals or animal products not needed, 8.14d. Samples of sugars, naval stores, mi- croscopical specimens and other products, 832a. Seal, procuring by, 816. Smithsonian Institution, member of, 10565. Sullys Hill National Park game preserve, duties in reference to, 5277a. Supreme Court reports for, 1203. Viruses, etc., destruction of worthless, etc., 8785(3). For domestic animals, 8785. Inspection of licensed establishments, 8785(7). Licenses to establishments for prepara- tion, 8785 (4, 6). Permits for importation, 8785(2, 5). Regulation for preparation, Sale, etc., 8785(1, 4). ‘Warehouses, agricultural products, 87.47% - 8747%pp. Waste paper, etc., of Department, sale of, 833 Water sheds of navigable streams, pro- tection, 5174-5187. Weather Bureau, maps, charts, bulletins and minor reports, 7163. Sale of maps or publications of, 848. Weather signals On mail cars, * Weights and measures, regulations as to standard Climax baskets and other con- tainers for small fruits and vegetables, 8907 O. Wild birds, preservation, etc., 821. Wind Cave National Game Preserve, 5275. Wyoming Elk Refuge, 5276, 5277. SECRETARY OF COMMERCE See Department of Coºnºmerce ; House Service. Chinese Ea;clusion. Laws, see China– Chº??ese. Accounts, settlement of, 421, 422. Appointment, 853. Appointments by, clerks for boards of Steamboat inspectors, 8170a, Appendix p. 1792. Commercial attachés, 854a. " 854a, Appendix p. 1745. Deputy Supervising inspector general fººteam Vessels, 8155, , Appendix p. Inspectors of steam vessels, 8168, Ap- pendix p. 1791. Assignment of salary by officers and em- ployés in the field permitted by, 855. Assistant Secretary, appointment, 854. Salary, 854. Books from library of congress, 139. Bureau of immigration, reports, number of copies subject to direction of, 7137. Bureau of Standards, acting director des– ignated by, 928 Fees of, approved by, 929. Officers and employees of, appointed by, 927. Light SECRETARY OF COMMERCE (Cont'd) Bureau of Standards (Cont'd) Regulated by, 930. Report of Director to, 926. Vºns committee of, appointed by, Census, appointment of additional officer during census period, 915. Appointment of officers, clerks and em- ployés of census office approved by, 913, 914. Calling on other departments for in- formation, 4416. . Supervision and appeals, 866. Change of designation, 932. Clearance of vessels, review of refusal, 10182ſ. Coast and geodetic survey, cumulative leave of absence to officers of field force in Philippine Islands, 8556. Designation of assistant superintend- ent, 8561a. Officers, examination, 8562b. Regulations for assignment of pay by employés, 8555. Transfer of instruments to Smithson- ian Institution, 10577a. Coast-Survey expenditures, report of Sub- mitted to Congress, 872. Commerce and navigation, aids to naviga- tion, report to of those which may be discontinued, 8443. Anchorage regulations, Kennebec Riv- er at Bath, Maine, 9957. New York Harbor, 9.947. Port of Chicago, 9950. St. Mary’s River, 9954. Penalty for violation, 9956. Annual report of, under direction of, 9 Appeal to from revocation of license of vessel, 8215. Assistant Chief of Bureau of Foreign and Domestic Commerce appointed by, 876. Board for regulation of towage of barges convened by, 7969 Bureau of Foreign and Domestic Com- merce, reports of transmitted to Congress by, 880, 883. Commissioner of Navigation, ed by, 891. Report of increase of vessels to. 893. Deputy commissioner of navigation designated by, 895. Enrolled vessels, direction of consol- idation of forms of enrollment and license, 8066, 8067. Foreign and coasting commerce, form of statements of, prescribed by, 870. Licensed vessels, direction of consol- idation of form of enrollment and license, 8066, 8067. Lines between high seas, harbors, riv- ers, etc., defined by, 7972. Lists of passengers on vessels of for- eign ports prescribed by, Mississippi River Commission, detail of coast and geodetic survey officers and men to, 9997. Motor boats, regulations to secure ex- ecution of act relating to, 8285. Remission of fines, penalties or forfeitures, 8285. Names of vessels changed under di- rection of, 894. Report on submitted to Congress, 869. Revenue cutters, detail to St. Mary’s River upon request of, 9954. sºns commissioners, appointment, direct- Statement of exports and imports fur- nished by, 871. Steam vessels, additional rules by su- pervising inspectors, of steam vessels approved by, 7906. Appointment of, assistant local in- spectors, 8168. Approval of regulations as to car- rying baled cotton, or hemp by passenger vessels, 8242. As to display of certificates, 8184. As to gasoline life boats, 8242. As to precautions against fire, 8240. Permission to foreign vessel whose certificate has expired at sea to ; Without further inspection, | SECRETARY OF COMMERCE (Cont'd) Commerce and navigation (Cont'd) Steam vessels (Cont'd) Regulations to promote safety of life on navigable waters dur- ing regattas or marine pa- rades, 8231. f Transfer of authority to head of other department, 8233. Use of public or private ves- Sels to enforce regulations, 8232. Supervising inspectors of steam- Vessels, designation of officer to perform duties of during ab- Sence, 8158. Tonnage duties, charges, etc., exemp- tion of certain foreign yachts from, authorized by, 7808. Yachts, licenses by, 7804. Qommercial attachés appointment, 854a. Commercial reports, publication, 862. cºission On Industrial Relations, 8913- Consular reports, printing, number of copies, 7122. Council of national defense, member of c; f y ustody of department buildi * :*.*.* buildings, proper Dams to maintain lights, etc., scribed by, 9973 Estimates, 6724. Compensation of Shipping commission- ers and clerks, 8141. Exports, opium, regulation, 8801d. Federal Board for Vocational Training member of, 9390%.cc. 9 Fish and fisheries, acting Commissioner gºish and Fisheries designated by, distribution, as pre- Aissiºnsheries. enforcement of act, Regulation by, 3627, 3638. Reports of, required by, 3637. Co-operation with North, Carolina State fish commissioner in Survey of waters in which use of fishing sup- plies is prohibited, 8549, 8550. Salmon fisheries, obstructions in wa- ters removed by, 3630. sºns grounds designated by, Salmon hatcheries in Alaska i by, 3629. a, inspected Food and drugs, regulations for Carrying out provisions of act, 8719. Fur-bearing animals, authority to land on Pribilof Islands, 8853. Enforcement of provisions against landing on Pribilof Islands, 8853. Fur seal, appointment of additional offi- cers, agents and employés, 8865. Compensation of natives employed in killing, etc., 8858. Delivery of skins to Canadian and Japanese governments, 8848. Depots for and transportation of Sup- plies, 8865. Pºement of act and regulations, Food, etc., for natives of Pribilot Is- lands, g - Killing on Pribilof Islands, appoint- ment of officers, agents, etc., 8856. Regulation, 8856. Purchase from lessee of right to take Seals, property used therefor, 8865. Receiving skins on behalf of United States, 8848. Rºlations for killing, 8848, 8850, Retention of skins, 8848. ... Sale of skins, 8848. Disposition of proceeds, 8857. Insecticides and fungicides, regulations for carrying out provisions of act, 8767. Lighthouse service, acting light-house commissioner designated by, 900. Adjustment of claims by commission- er approved by, 896. Approval of rearrangement of dis- tricts, 8434. Approval of regulations for contracts for materials, 8428. - Clothing for crews of vessels, 8449. Commissioner directed by, 898, 899. Employés, leave of absence, 8447b. GENERAL INDEX [Page 2311] [References are to sections, except where otherwise indicated.] SECRETARY OF COMMERCE (Cont'd) Lighthouse service (Cont'd) Lighthouse keepers, regulations of salaries of, 8447, Appendix p. 1792. Physical examination of lighthouse" keepers as condition to medical re- lief, 8448a. Prescribing regulations for service in times of war, 8459b. Purchase of additional land, 8432. Purchase of sites for lighthouses, 8431. Regulations, 84.33. Establishment of lights, 8439. Traveling and subsistence expens- es of teachers of children of lighthouse keepers, 8435C, Ap- pendix p. 1792. Report of commissioner transmitted to Congress by, 896. - Sale of condemned supplies, etc., 8451. Sale of publications, 8459c, Appendix p. 1792. Lights and signals on bridges to be pre- scribed by, 9964. Marine biological station, admission o investigators to, regulated by, 9385. Established by, 9384, 9384a. Merchant seamen, approval of regulations as to qualifications of crews of ves- sels not included in act, 8363a. Regulations as to rating of able sea- men, 8363a. As to sending incapacitated Sea- men to consul for discharge, 8372. Rules and regulations to carry out act requiring that crew of vessel have certain qualifications, 8363a. Notice to owners of unsafe mines in Or- ganized territories, 3505. Opium, promulgation of regulations as to export, 8801d. Radiotelegraphs, tions, 10.103. Licenses, 10100. Form of, 10101. Revocation, 10103. Operators, licenses, 10102. Suspension of license, 10102. Temporary license for conducting ex- periments, etc., 10.103. Waiver of regulations, 10103. Registry or enrollment of vessels, regis- tration as to certificates abroad by consular officers, 7709a. Wrecked vessels, 7714a. Reports to commercial attachés, 854a. Reports to Congress, 867. Rules and regulations, commutation of rations of officers and crews on vessels in the fisheries service, 907a. Salary, 36, 234, 853 Smithsonian Institution, Coast and Geo- detic Survev instruments transfer- red to, 10577a. Member of, 10565. Sponges, enforcement of act relating to, 8869a. stºtical information controlled by, 857, enforcement of regula- Statistical list for imports established by, 5523. Statistical reports to Congress, 868. Steam vessels, approval of regulations as to place of displaying certificates of inspection, 8184. Detail of assistant inspectors, 8.168. Inspection, review, 8214a–8214d. Regulations for appeals relating to inspections, 82.14d. Regulations for enforcement of act for numbering of undocumented Vessels, 8095e. Supreme Court reports for, 1203. Weights and measures, approval of reg- ulations as to standard barrels for lime, 8907i. Regulations as to Variation in stand- ard barrels, 8907e. SECRETARY OF COMMERCE AND LABOR See Secretary of Commerce ; Secretary of Labor. SECRETARY OF INTERIOR, See Interior Department ; National Forests : Trade-Marks and Trade- Names. See titles of the specific swbjects, as Patents ; Pensions, etc. SECRETARY OF INTERIOR (Cont'd) Alºoned military reservations, 5003– Accounts in office of, examination of by Auditor, 420. p Accounts of expenditures, etc., of ter- ritories, transmission to, 434a. Aºtional assistant, designation, salary, Agricultural colleges, administration of law, 8874. Ascertainment and certification of amounts due state, 8874. Reports to Congress, 8875. Warrant for appropriation, 8872, 8877. Alaska, coal lands, licenses, 5078k. Coal lands, pending claims to be ad- judicated within one year, 5078c. Repayment of fees, etc., upon the relinquishment of claim, 5078c. . Survey and lease of, , 5078a-5078r. Disposition of reindeer in, 3613. Education of Eskimos and Indians in, Homestead, allotments to native In- dians or Eskimo in, 5096. Entries, “regulation, 5046. mºie persons, contracts for care of, Permit assignments of pay by teach- ers in, 3608. Schools, condition reported to, 3603. Employés designated for payment as peace officers, 3009. Teachers reimbursed for expenses, Secretary’s fees prescribed by, 3562. Wagon roads, etc., in record of mort- gages of, 5087. Wharves in, prescribing rates of toll for use of, 5091. American antiquities, 5278-5281. Appointments, clerks, etc., in patent-of- fice, 736. Clerks in returns office, 761. preservation of, Director of national park service, 787d. Disbursing clerk for payment of pen- sions, 671. Examining surgeons in Pension—Office, 731 Experts and employés in Bureau of Mines, 783 * Indian commissioners, 4013. Mºgal referee for pension office, 731, 9105. Referees to fix compensation for rights of Way through Indian lands, 4183. Special agents, 4013. Superintendent of government hospi- tal for insane, 9293. & Town-site trustees in, Alaska, 5079. Oklahoma, 5029. Approval, appointment of acting disburs- ing clerk for payment of pensions, 672 Bonds, disbursing agent of govern- ment hospital for insane, 9293. Disbursing clerk for payment of pensions, 672. Financial clerk in patent office, 673. Secretary of Alaska, 3563. By-laws for insane hospital, 9300. Contract for paper for public printing, ($960. Decisions of commissioner of general land office, 5107. Designation by commissioner of In- dian affairs of employé to sign let- ters, 724. Exclusion of patent-agents, 750. Expenditures for pupils admitted to Columbia. Institution for Deaf from States and Territories, 9354. Investigations, etc., of Bureau of Mines, 784. Map of pipe line, 4950. Arkansas, 4954. New bonds of disbursing Officers re- quired by Commissioner of Indian Affairs, 4020. Patent-Office regulations, 745. Recommendations as to editions of re- ports of Geological Survey, 7104. Request for printing pamphlet edition of report on mineral resources, 7101. Schedule of fees for investigations, etc., of Bureau of Mines, 787. Selection of Scientific employés of Geological Survey, 773. SECRETARY OF INTERIOR (Cont'd) Approval (Cont'd) - Special bonds of disbursing officers of Indian Department, 4021. Bºntendent of insane hospital, Transfer of apparatus, from Capitol, 3380. Archaeological sites, permits for excava- tion of, 5280 Assistant, appointment, 666. Duties, 667 Salary, 666. Signing official papers, etc., 667a, Battle Mountain Sanitarium Reserve, ex- change of lands within, 9286. Books from library of congress, 139. Bounty lands, supervision of business re- lating to, 681. Bureau of mines, designation of officer to perform duties of director, 783b. etc., Investigations, etc., of regulations as to, 787. Publications, recommendation as to editions, 7141. Requisitions for additional copies, 42. Capitol building and grounds, estimates, for Submitted. to, 3374. Lands and buildings purchased for capitol grounds, 3382. Payment for repairs, etc., 3373. Census records, transfer to Census Office by, 920. Certification of amount of excess moneys, purchase moneys, etc., 4493. Civil Service Commission, accommoda- tions for, 3275. Clerks, land office, ment, 4512. Payment of additional salaries to, 669. Town site trustees in Oklahoma, 5035. Coal lands, Alaska, 5078a–5078r. Patents without coal reservations, is- Suance, 4665a. Columbia. Institution for Deaf, authoriza- tion for admission of pupils to, 9347. Supervision of, 681. Commissioner of general land office, di- rection of duties of, 699. Commissioner of Patents, 743 Sanction of employ- direction of; Commissioner of Pensions, direction of duties of, 728. - Consolidation of land offices, 4506. Continuance of land office, 4505. Contracts, excess storage of Waters, etc., under reclamation law, 4738. Instructions to be furnished regard- ing maizing of, 6899. Irrigation works, 4703. s With states for grants of desert lands for reclamation, 4685(1). Treatment of persons from District of Columbia admitted to Freedmen’s Hospital, 3976. Water supply under irrigation proj- ects, 4718. , Copies, files affecting land titles to be furnished and authenticated, 708. Records, etc., to be furnished, fees, authentication, 675-679. Returns of, 764. Council of national defense, member of, 31.15a. Crater Lake National Park, 5228-5230. Dams across Yellowstone River, Mon- tana, 4750. Deputy Commissioner of Pensions pre- scribing duties, 729. Desert lands, charge on irrigation proj- ects, 4714a. contrº, exceSS Storage of Waters, 738. Irrigation works, 4703. With states for grants of land for reclamation, 4685(1). Water supply under projects, 4718. Co-operation with irrigation districts, etc., for construction of reservoirs, etc., 4739. Expenditure for rent of offices for ºlamation Service, authorized by, 4743. Extension of time for final proofs, 4684, 4684a. Teclamation of arid lands, 4687. Farm units establishment, 4720. Irrigation, etc., acquisition of rights of property for reclamation, 4706. Irrigation constructions costs, agree- ment for increasing, 471.3d. irrigation GENERAL INDEX [Page 23121 [References are to sections, except where otherwise indicated.] SYECRETARY OF INTERIOR (Cont'd) HDesert lands (Cont'd) Irrigation district as fiscal agent of TJnited States, 4713g. Irrigation projects, estimates to be submitted Congress, 4714f. Excessive private holdings, dis- posal of, 4714b. Extension of time for acceptance of act, 4714d. Recommendation, 4713. Regulations, 47146. • Irrigation works, transfer of care, op- eration, etc., to water users associa- tion or irrigation district, .4713e. Lease of water power under irrigation projects, 4719. - Rio Grande irrigation project, 4719. Limit of area, charges, etc., 3. .. Modification of water right, applica- tion under reclamation act, 4.737. Permission to employés of Reclama- tion Service to assigo pay, 4745. Public notice of lands irrigable, 4703. Purchase of books, etc., needed in surveys and examinations for irriga- tion works, authorized by, 4744. Re-appraisement of unsold lots in townsites in reclamation projects, 4725. Reclamation act, regulations for car- rying into effect, 4708 Regulations, conversion to homestead entry, 4684b. - Irrigation projects, 4713h. Protection of springs, etc., 4684f. Reservation of lands to States, 4685 (2). - Requests for advances from Treasury to Reclamation fund, 4710. e Springs, water, holes, etc., protection of, 4684d, 4684f. state irrigation district, approval Of maps, 4695c. Release from lien for charges, 4695C. Subdivision surveys of lands to be ir- rigated, 4720. - :Surveys under direction of, 4696. Reclamation works, 4701. Temporary withdrawal from settle- ment or entry of lands for which ap- plication under Carey Act is pro- posed, 4695. Water users association, fiscal agent of United States, 4713g. Withdrawal from entry of lands sus- ceptible of irrigation, 4702. Designation, agents to receive payments on reclamation entries or Water rights, 4731, 4732a. Depositóries on which certified checks for bids for Indian service may be made, 4042. s Employé to sign approval of tribal deeds, etc., 725 Temporary assistant commissioner of general land office, 692. Temporary recorder of general land office, 694. Detail of clerks, from and to offices of surveyors-general, 4460a. - To assist house committees, 674. Discontinuance, land districts and offices, 4504. Offices of recorder of land titles in Missouri, 4514. , Duties in general, 681. Education, supervision of business relat- ing to, 681. Establishment of farm units under recla- mation act, 4720. Estimates, Capitol Building and Grounds submitted to, 3374. Freedmen’s Hospital and Asylum, 3978, 6717. National parks, 6718. Evidence, regulations to secure return of general land office documents used in, 701. Exchange of old automobiles for new, 689a. Explosives, approval of appointment of employés, 31.15%g. Approval of regulations of director of bureau of mines, 31.15%ii. Feeble-minded deaf of District of Coluln– bia may be committed to Pennsylvania, Institution, 9348-93.50. Fees, certified copies of Indian records to be prescribed by, 679 Copies of records, certificates, etc., disposition of, 681. SECRETARY OF INTERIOR (Cont'd) First assistant, designation, 668. Salary, 668. Freedº's Hospital, estimates for, 3978, Supervision of, 3975. Geological survey, authorization of geolo- gist to act as acting director of, 771. Dººsal of proceeds of publications, 778. Employés” assignments of pay, 774. Reimbursement of employés for ex- penses, 774. Requisition for additional copies Geological Survey reports, 7104. Supervision of report of Director of, Of Survey work, direction of, 776. Glacier National Park, 5247–5250. Acceptance of donation of lands or rights of way, 5248m. Notice to governor of passage and ap- proval of acceptance of cession of Park, 5248l. Government fuel yards, 3369e, Appendix p. 1775. Government hospital for insane, Supervi- Sion, 681. Government property, removal from In- dian reservation when not required for use, 41.14, 4115. Head of department, 665. Homestead entries, Alaska, regulations, 5046 establishment, Aliotments to native Indians or Es- kimo in Alaska, 5096. Forfeited railroad lands, regulations, 906. Regulations for absence of homestead entrymen, 4532c. Repayment of fees and purchase mon- ey on cancellation for failure to con- firm public land entries, 4596. Repayment of fees on cancellation of soldier’s and sailor’s entries, 4595. Rules relating to final proof of, 4538C, l. 4539. Swamp, lands in Missouri, regulations, 4966. Homesteads, regulations governing hus- band’s election of, 4538a. Hot Springs Reservation, 5251-5273. Indian affairs, access to records of the five civilized tribes, 4126. o Acknowledgments and oaths by Indian agent, rules as to, 4009. Allotment, appropriations, 6789. Tribal funds to individual Indians, 4078. Approval, application for right of Way through Indian lands, 4181. Bonds of bank, accepting deposit of Indian agent, 4068. Contracts with Indian tribes, 4087. Fees to be paid for Indian parties in public land contests, 4101. Removal of persons from tribal reservation, 4152. Sale of reservation school build- ings, etc., 4171. Authority, allow employés in Indian service heat or light without charge, 4025. Direct employment of blacksmiths, mechanics, teachers, etc., 4016. Except Indians from provisions of labor on condition of performance of services, 4062. Authorizing sale of dead timber on reservations in Minnesota, 4123. Bookkeeping, statement in Bureau of, 67 Bureau of, system of bookkeeping for, 789a. - Commutation of rations, payment per capita, 4061. Compensation for transportation of supplies by land-grant railroads, 10067. cºnt to contracts with Indians, 090. Deposit in Treasury of Indian trust funds in lieu of investment, 4076. Designation, common carrier to carry supplies, 4049. oº: to pay per capita payments, Detail of army officer in connection with Indian education, 4163. Directing mode of paying annuities and distributing goods, 4053. Direction of management of, 716. SECRETARY OF INTERIOR (Cont'd) Indian affairs (Cont'd) Employment of, Indians, duty to en- force provision as to, 4031. Mººns to teach Indian schools, Superintendent of irrigation, 4205c. Expending appropriation for encourag- ing agriculture, among Indians, re- payment, 4124, 4125, 4125a. Grant of leave of absence to employés to attend educational gatherings, 4169. Iºment of proceeds of Indian lands, Payments to Indians to fulfill treaty Stipulations, 4058. Purchase, articles manufactured at In- dian Schools, 4041. Goods for Indians, 4038. Supplies, 6835, 6835a. Open market, report, 4040. Qualifications of farmers and stockmen employés, prescribed by, 4028. Record, purchase of supplies for In- dians in open market, 4040. Regulations, intercourse with Indians, duties of Indian agent, 4000. Payment of pensions to, 9096. Prevention of issuance of rations, etc., for children not attending School, 4174. Sale of arms to Indians, 4133. Removal of government property not used, 4114, 4115. Reports, diversion of appropriations for employees, etc., 4066. Sale of arms to Indians, sale contrary to rules, 4134. - Sale of buildings not needed, 4112. Lands to be also sold, 4113. * Settlement with, incompetent or or- phan Indians, 4092. Statement of accounts between United States and Indian tribes, 4080. Statement of irrigation projects in In- dian reservations, 4205b. Superintendent of Indian Schools, pre- scribing duties for, 4167. Supervision of business relating to In- dians, 681. Supervision of expenditure of appro- priation for school purposes, 4170. Supplies to be so distributed as to pre- vent deficiency, 4064. Trustee for Indian tribes not affected by transfer of custody of stocks, etc., of United States treasury, 4075. Trust funds, payment to Indians un- der disability, 4079. Use of appropriation to purchase stock cattle for Indians, 4065. Use of surplus appropriation to sup- ply subsistence deficiency, 4065. Withholding moneys due Indians until Surrender of captives, 4086. Withholding rations from parents for flºattendance of children at school, 75. Indian agencies, power to establish limits of, 4012. Indian agents, army officers acting as, to be under direction of secretary, 4007. Discontinuance of agencies, 4017. Discretion as to bonds of, 3999. Leave of absence, 4018. Rules and regulations as to acknowl- edgments and oaths by, 4009. Indian lands, allotment in severalty, al- lowance of interest on proceeds of sales of lands of minor, 4237. Allotment in severalty, appointment of persons to make selection on failure of person entitled, 4196. Approval, conveyance of lands within reclamation projects, 4238. Lease, 4218. Sale by heirs, 4223. Will of, 4228. Cancellation of patents for allot- ments within reservoir sites or reservation for irrigation pur- poses, 4233. Certification of fees of officers al- lotting public lands to Indians not residing on reservations, etc., 419.8, 41.99. Certification of judgment relating to, 4214. Consent to payment of debts from trust funds, proceeds, 4236. GENERAL INDEX [Page 2313] [References are to sections, except where otherwise indicated.] SECRETARY OF INTERIOR (Cont'd) Undian lands (Cont'd) - Allotment in severalty (Cont'd) Determination of heirship, 4226. Discretion as to grant of patent in fee before expiration of trust pe— riod, 4203. Patents for town lots, etc., 4232. Permission to surrender patent and select other lands, 4211. Regulations as to Sale, 4224, 4226. Rules and regulations as to irriga- 4224, tion, 4204. Sale of land, noncompetent Indian conveyance, 4225. Timbers on allotment held in trust, 4231. Timber on unallotted land, reg- ulation, 4230. Transmission of certificate of Se- lection, 4197. Approval of, bonds of bank accepting deposit of agents, 4226. Report of engineer as to cost of irrigation projects in Indian res- ervations, 4205a. Classification and appraisement of un- allotted and unreserved lands, 5017. Confirmation of occupation of reli- gious societies, 4201. ' Extension of time for construction of railroad, 4184. Fixed annual charge against railroads passing through Indian territory, for benefit of Indians, 4.185. Grant of right of way for telephone and telegraph lines, 4191. Investment of proceeds, 4073. Irrigation, apportionment of cost to be out of tribal funds, 4205e. Lease of arid land when allottee is in- capacitated, 4217a. Negotiations for session, 5016. Opening highways through, 4194. Partition of allotment among heirs, patents, 4227a. Pipe lines, extension of term of grant, 4192. Rights of way for, 4192. Tower to require attendance of wit- nesses at hearing to determine heirs of deceased allottees, 4226b. Railroad right of way, award of ref- eree to fix compensation for, to be returned to, 4183. Filing and approval, 4183. Fixing passenger and freight rates, 4.185 Rules and regulations, 4187. Railroads, acquisition of land for res- ervoirs, etc., directions, damages paid to allottees in severalty, 4190. Rules and regulations, exchange of lands on cancellation of allotments because land unsuitable, 4213. Telegraph and telephone lines, proval of maps, etc., 4191. Regulation as to compensation, 4,191. Indians, quarantine, when afflicted with contagious and infectious diseases, 4125b. * Reorganization of office of Superin- tendent of Five Civilized Tribes, 39.903. *c. Reports as to expenditure of appropri- ation for hospitals for Indians af- flicted with contagious and infec- tious diseases, 4125b. Indigent blind persons may be placed in Maryland or other state institutions, 9360. Insane person, Alaska, contracts for care of, 3611. Commitment of criminal insane to in- sane hospital, 9319-9321. Convicts to be transferred to 1msane hospital, 9321. Regulations for search for heirs of de- ceased inmates of insane hospital, 9332. Requisitions upon appropriations for insane hospital, 9328. Transfer of American citizens ad- judged insane in Canal Zone, to Sł. Elizabeth’s Hospital, 9304a. in pºetion of records, regulations, ap- etc., Instruction to be furnished regarding making of contracts, 6899. Inventories of public property, 280. SECRETARY OF INTERIOR (Cont'd) Lakes, changing of levels of, in Oregon and California, 4749. Land, ºntº to railroads adjustment of, 895. Deposits for costs of surveying, etc., 4914-4917. Fixing time for application for rein- statement of entries on railroad lands erroneously canceled, 4897. Land offices, consolidation of, 4506. Continuance, 4505. Lands, donations of by states, 787b. Reserved for naval purposes, certified to, 4984, 4985. Regulations for entries, etc., 4984, 4985. Land warrants, duplicates, 4854. Lease of water power under irrigation projects, 4719.0 Rio Grande irrigation project, 4719. Lists of officers, etc., for Official Register, to be filed with, 7092. - Swamp lands, 4959, 4960. Vessels of United States, with, 7092. Maps of reservoir site transmitted to, 4941. Mesa Verde National Park, 5237-5242. Mineral lands, resources and claims, Su- pervision of, 681. Mines, acquisition of headquarters for mine rescue car, 787c, Appendix p. 1745. Mining experiment stations, establish- ment, 787a. Mining operations on rights of way in Alaska, regulation, 5083. Mining rights in Alaska, of native born citizens in Canada, regulations, 5048. Mt. McKinley National Park, leases of land, 5249 u. Rules and regulations, 5249t. Mount Rainier National Park, 5223-5227. National Bison Range, 5274. to be filed National forest reservation commission, member of, 5177. National forests, 5121-5187. Leases of lands for sanatoriums or ho- tels, 5140. Surveys, 5124. National parks, acceptance of donation of lands for Sequoia, National Park, 5208a. Acceptance of donations of lands or rights of way to Yosemite National Park, 52.10a. Crater Lake National Park, regula- tions as to fishing, 5230d. Rules and regulations for care of, 5230d. Estimates of amounts required for Care, etc., 5250a. Forfeiture of property for offenses in to be accounted for by, 5227e, 5230e, 5248e. - t Glacier National Park, regulations as to fishing, 52484. Rules and regulations for care, etc., of park, 52.486. Hawaii National Park, executive con- trol, rules and regulations, 5249m. Grants of rights of way, etc., 5249k. Lease of land for hotels, conces- sions, etc., 5249m. Reports as to conveyances of ease- ments and rights of way, 5249m. Lassen Volcanic National Park, ex- ecutive control, rules and regu- lations, 5249f. Lease of lands for hotel conces- sions, etc., 5249f, 5249h. Sale and removal of dead or down timber, 5249g. tºº, national parks, reservations, 7f. Mount Rainier Park, regulations as to fishing, 5227d. Rºtions for care, etc., of park, Rocky Mountain National Parks, ex- ecutive control of, rules and reg- ulations, 5249d. - Grant of easements or rights of way, 5249b Lease of lands for hotel, Sions, etc., 5249d. Yosemite Park, lease of lands for ho- tels, etc., consent to mortgage by lessee, 5222a. National park Service, rules and regula- tions, 787f. COIn CeS- SECRETARY OF INTERIOR (Cont'd) National park service (Cont'd) Co-operation with Secretary of Agri- Culture, 787e. Occupation or appropriation grounds prevented by, 3334. - Office of Education, direction of manage- ment of, 766. Official Register edited, indexed and pub- lished by chief clerk, at instigation of, 7092. List of officers, etc., in office of con- troller of currency for, 7127. To be filed with, 7092. Preparation of, 7006. Statistics for, 7005. Oklahoma division into counties before opening lands for settlement, 5028. Pensions, arrangement of pensioners in groups for quarterly payments, 9107. Pºion as to payment by check, Duties and regulations as to pension rolls of soldiers, widows, etc., of Mexican war, 9036, 9038. Duty to restore pensions of navy offi- cers, Widows, etc., reduced by acts subsequent to July 25th, 1866, 9033. Increase of Mexican war pensions, 90.42-9044. Payment out of contingent fund, ex- ºes of payment in person, of public Fºnses of Visiting pensioner, Regulations as to payment of pen- Sions to Indians, 9096. Rºlations as to proof of claims, sºvision of business relating to, Permits, excavation of archaeologica? sites, etc., 5280. Grazing of live stock on national parks or reservations, 787f. Use earth, etc., from public lands, etc., for irrigation works, 4741. Wagon roads, etc., in Alaska, 5087. Phosphate or oil lands in Idaho, approval of bond of prospector or miner, 4865. Approval of selection, 4865. Platt National Park, 5243–5246. Potassium lands, leases of other lands for camp sites, etc., 4640f. Permits for prospecting, 4640e. Cancellation, 4640ff. Provisions in leases for regulation of price, etc., 4640k. Reservations in leases, 4640gg. Rules and regulations, 4640j. Practice before department regulations to be prescribed by, 684 President succession to office of, 219, 220. Price of copies of patent specifications and drawings to be fixed by, 7093. Printing, determination of quality of pa- per furnished by contractor for pub- lic printing, 6962. For Patent Office, requisition for, up- on Commissioner of Patents, 7093. Purchase of paper in open market Or, default of contractor under direc- tion of. 6963. Report to of defaulting contractor tºishins paper for public printing, 963. Prisons, erection of buildings... 10552. Purchase of sites for, 10552. Selection of location, 10554. Public contracts to be in writing and ğ. etc., filed in returns office, 6895– Public lands in general, agricultural col- lege landscrip regulations for reis- sue lost or destroyed, 4872. Cancellation of patents erroneously is— sued under railroad or wagon road, grants, 4902, 4903. Correction of mistakes in entry, 4777. . Designation, lands, non-irrigable, 4563, 45.69. Newspapers to publish proclama- tion of sales, 4768. Divisions of fractional sections, 4805. Low grounds in Washington, D. C., conveyances of, 6945. Opening of lands restored to entry aft- er withdrawal, 4529. Permission to bring suit for unlawful; inclosure, 5002. Permits to purchase lands located with claims under treaty of 1854, 4776. GENERAL INDEX [Referenc SECRETARY OF INTERIOR (Cont'd) Public lands in general (Cont'd) Purchase or lease of for use as head- quarters of mine rescue cars, 787c. Reclassification of lands in Alabama. as agricultural or mineral, 4656. Regulations concerning engrossing and recording of land, 707. Required for use by California Débris Commission to be withdrawn from sale and entry, 10025. Sale for cemetery purposes, 4765. sºvision of business relating to, Railroad, transportation charges in Alas- ka, revision and modification, 5083. Reclamation fund, use for reservoirs and irrigation works, 4705. Reclamation of arid lands, 4696-4750. |Reports by, 685-689. Cost account of agricultural experi- ments at Indian school or agency farms, 688. Surveys, etc., on Indian reserva- tions, 686. Director of Bureau of Mines, direction of publication, 785. Disbursements, etc., colleges, 8875. Expenditures, appropriations for hos- pitals for Indians afflicted with contagious and infectious diseas- es, 4125b. Encouraging industry among In- dians, 4124, 4125. General Indian Education fund, 685. Indian schools, etc., 687. Irrigation of Indian lands, 4205e. Irrigation projects in Indian reser- vations, 4205b, 42050, 4205e. Fees paid on the determination of heirs of deceased allottees, 4227. Geological Survey report to accom- pany, 778. Tºgaian inspectors as to expenses, for agricultural Irrigation works, 4701. Purchase of supplies for Indian Serv- ice, 4040. Springs, etc., on desert lands, 4684d. Statement of fiscal affairs of Indian tribes, what to show, 689. Surveys within limits of railroad grants, 4887. Use of surplus appropriation to Supply subsistence deficiency for Indians, 065. Withdrawal of lands from settlement, etc., 4525. Reports to, appraisers of abandoned mil- itary reservation lands, 5004. Bº of visitors of insane hospital, 3 Of defaulting contractor furnishing paper for public printing, 6963. Indian Commissioners, 3982. Pº, Rican Commissioner of interior, President and directors of Columbia Institution for Deaf, Requisitions, additional copies of geológi- cal survey reports, 7104. Fºnditures of department signed by, Reservation of lands for county seats in Oklahoma, 5028. Reservoirs for furnishing water for live stock, regulation, 4939. Rºveys, etc., of land undisposed of, Returns Office, 761–764. Rights of way, Alaska, 5083-5091. Electrical plants, telephone lines, ca- nals, etc., 4946. Electric power companies, 4944. Forest reserves for canals, tunnels, etc., 4947. Indian lands, pipe lines, grant of right of way, 2 Tramroads, canals or reservoirs, 4943. Wagon roads, railroads, etc., Over for- est reservations or reservoir Sites, Rules and regulations, national park Serv- ice, 787f. Salary, 36, 234. Sales, buildings of United States, land to be also sold, 4113. Lands acquired under acts, 4746, 4747. Lands for non-payment Within rec- lamation projects, 4729, 4732a. Photolithographic township plats , or maps, disposal of proceeds, 712. Price, 712. [Page 2314] SECRETARY OF INTERIOR (Cont'd) Sales (Cont'd) Timber, killed or damaged by forest fires, 4995, 4996. On public lands in Alaska, 5092. Town site lots in Oklahoma, 5032. Sequoia National Park, 5207, 5208. Smithsonian Institution, member of, 10565. Stock raising lands, additional entries, division among entrymen, 4587 h. Bonds for protection of entrymen *ºnst damages by prospectors, 7i Designation, 4587a, 4587b. Determination of applications, 4587b. Reservation of lands containing Wa- ter holes, 4587 j. Rules and regulations, 4587k. Supreme Court reports for, 1203. Distribution to libraries of circuit Courts of appeals, 1204. surveyºr: general, consolidation of Offices OI, - Transfer of clerks between offices of, 4460a. Surveys, Alaska, regulations, 5081. California, 4822. - Geodetic method in Oregon and Cali- fornia, 4821. Lands granted to railroads, rules and regulations, 4888. Nevada, 4820. School and mission lands in Alaska, 5095 Suspension, etc., of practitioners before department, 684. Territories, duties in relation to, 682. Timber culture, regulations for commuta- tion, 5.116. - Timber on certain mineral lands, regula- tions for cutting, 4989, 4992 Town; *. entries in Alaska, regulations, Entries for cemetery and park purpos- es, 4802 Under irrigation projects, powers and duties, 4715-4719. Manner of payment for townsite lots sold prescribed by, 4726 Oklahoma, 5029-5035. Regulations for execution of trusts, Proceedings of failure to file map and statement, 4788. Sale of lots, increase or diminution of price, 4786, 4789. Regulations, 4785. Surveys, 4785. Trustees in Oklahoma, fixing Compen- sation of, 5035. Withdrawal and disposal in excess of limit, 4723. Warrants for military lands to be granted by, 704. wºã Cave National Park, 5231-5236. Withdrawal from entry of lands for irri- gation works, 4702. Lands in Indian reservations, 4526. Lands susceptible of irrigation, 4702, 4.737 Yellowstone Park, 5188-5206. Yosemite National Park, 5209-5222. SECRETARY OF LABOR Accounts, settlement of, 422. º Administration of Immigration and Chi- nese exclusion laws supervised by, 956, 959. º Alien contract labor law, administration of supervised by, 955 Appointment, 932. - Appointments, approval, commissioner Of immigration at New Orleans, 4283. Assistant chief of Children’s Bureau, 6 - 966. Assistant chief of Children’s Bureau, ap- pointed by, 966. Assistant Secretary, appointment and Sal- alry, 933. Balances of accounts certified to, 422. Books from library of congress, 139. Bureau of Labor Statistics directed by, 945. Bureau of . Naturalization directed by, 963. Children’s Bureau, assistant chief, pointment, 966. Investigations by, under direction of, 96 ap- Quarters for Children’s Bureaus fur- Inished by, 967. Chinese. Exclusion. Act, designation of Of- ficers to deport Chinese, 4341. within limits of railroad grants, 4887. - }es are to sections, except where otherwise indicated.] SECRETARY OF LABOR (Cont'd) Chinese Exclusion Act (Cont'd) Officers to enforce Chinese exclusion act designated by, 858, 936. Pººled for duty at Washington, Regulations for execution of provi- Sions of act in treaty, 4338. Commissioner-General of Immigration under direction of, 959. - Co-Ordination of department, 942. Council of national defense, member of, 31.15a. Custody of buildings, etc., 936. Pºion of information under control of, Federal Board for Vocational Training, member of, 9390%.cc. . Horses and motor vehicles, purchase for immigration service, 960a. Immigration, admission of aliens, 4289%b. Appeals to, from board of special inquiry, representation of alien by counsel, 4289%i, 4289%ii. Appointment of immigrant inspectors, 4289%OO. Appointment of immigration officers, clerks and employés, 4289%00. excluded Approval, arrangement for delivery Of lists of alien passengers, 4289%g. Bond for release of aliens to be deported, 4289%k. Designation of immigrant officers eligible for service on boards of special inquiry, 4289%ii. Detention for observation and ex- amination, 4289%f. Regulations for agents in States and territories at immigration stations, 960. Regulations for collection of head tax, 4289%aa. Regulations for detention of aliens for observation and examina- tion, 4289%f. Rules for entry of aliens, 4289%b. Denial of privilege of landing alien immigrant passengers, 4289%d. Deportation of aliens, 4289%j, 4289%k. Finality of decisions, 4289%jj. Personal attendance for deported aliens, 4289%k. Warrant for, 4289%jj. Alien seamen unlawfully land- ed, 4289%s. Deposit for admission of aliens liable to exclusion, 4289%kk. - Detail of inspectors and matrons On vessels carrying immigrant paSSen- gers, 4289%ff. Lease of office at Montreal, 4281a. Lease of office for immigration serv- #. at Montreal, 4281a, Appendix p. Medical treatment for aliens afflicted With tuberculosis, 428914.j. Privileges at stations, 4289%pp. Regulations, duties of immigration Officers, 4289%O. Landing of excluded aliens em- ployés on vessels, 4289%r. To allow reshipping, 4289%rr. Lists of aliens employed on ves- Sels arriving from foreign ports, 4289%t. Remission of penalties for violation of laws, 4289%ss. Skilled labor, 428914b. Temporary detention and admission Of Wife or minor child of naturaliz- ed alien, 4289%l. Mediation in labor disputes, 940. Motor vehicles, purchase for immigration service, 960a. Naturalization, administration of laws, directed by, 962. Cºal assistance to clerks of court, Rules and regulations for, 4383. Offices, etc., transfer to Labor Depart- ment, 940. Printing of extra copies of Bulletin of Department, 7107. Refund of tax erroneously collected, ap- proved by, 958 Rental of building for Department of La- bor, 6933b. Reports, 941. Expenditures of Bureau of Naturali- zation, 942. Number of copies, distribution, 7068. reclamation | Salary, 36, 234. GENERAL INDEx [Page 23151 [References are to sections, except where otherwise indicated.] SECRETARY OF LABOR (Cont'd) Smithsonian Institution member, 10565. Supreme Court reports for, 1203. SECRETARY OF NAVY - See Naval Alcademy . . Navy Navy Department ; Pay of Navy. Absence of Secretary and assistant Secre- §: chief of naval operations to act, Accounts, costs of erection of factory for manufacture of armor, 2779a. In office of, Auditor’s examination, 420. - - Adjustment of claims, damages by Col- lision with vessels of navy, 652. Damages to private property from operations of naval aircraft, 65.2b, Appendix p. 1744. Loss of private property in Europe due to naval operations, 652aa, Ap- pendix p. 1744. Advances to contractors 6648a. for supplies, Aeronautic schools, establishment, course of study, etc., 2952%q. . Air craft board, supervision and control, 3115*/32d. Air craft patents, purchase, 3115/32f. Allotment of pay of persons in military service for payment of rent, 3078% ee. Annual reports, 648–652. - Annual visitation of visitors to naval ob- servatory to be fixed by, 662. Store-keepers on foreign stations, 2567–2669. * Appointments by, acting chaplains, 2541a. Acting ensigns for engineering duty, 2482b. . - s Acting ensigns for performance Of aeronautic duties, 2952%d. Acting second lieutenants for aero- nautic duties only, 2952%d. Air craft board, 3115*/32b. g From dental reserve corps for active service, 25.12a. Members of board of naval officers, 26.97b. - Naval officers, to naval. militia, 3078a. 5 To report upon publication of for- eign Hydrographic surveys, 7.148. Pay clerks, 2537a. Professors and instructors at naval academy, 2748a. Student flyers, 2952% n. Warrant officers of Navy, 2554a, Ap- pendix p. 1762. s- s Appropriations, accounting, for expendi- tures from appropriation for Ob- taining ſinformation, from abroad and at home, 6762e. For Navy to be under his control, 6753. Preparation, etc., of hydrographic surveys not available Without ap- proval of, after report of board of officers, 6794. e Approval of foreign hydrographic Surveys, 6794. - Publication of foreign Hydrographic surveys, 7.148. Assistant, appointment, 611. Civil life, appointment from, 611. Duties, 621. º Salary, 611. Board of naval Officers, formation to, 26.97d. Board of survey to value vessels enemies seized, 8146s. Board of visitors for naval academy, date of visit to be fixed by, 2756a. Board of visitors of naval observatory to be paid expenses, 662. Books from library of Congress, 139. Bureau of equipment, distribution of du- ties, etc., of, 624. - Certificate of discharge to be issued in lieu of lost or destroyed certificate, 620. Certified check of bidder on naval Sup- plies accepted in lieu of guaranty or bond, 6864. Civil engineers, promotion of, 2566. Civilian aids, etc., employment to be paid out of appropriations for new ships unlawful, 615. - Civilian employés in insular possessions, leave of absence, 2797a. Pay, 2797. - Clerical force at navy yards, employment and pay, 2794, 2796, 2799. Coast Guard, authorized to build cutters at Navy Yards, 8459%a (11). Discretion as to manning stations, 8459% a (10). furnishing in- or alien SECRETARY OF NAVY (Cont'd) Coast Guard (Cont'd) Establishment, change, etc., of dis- tricts, 8459%a (10). * Receiving members at naval aviation Schools, 8459% a (13). Subject to orders in time of War, 8459%a.(1). Collection of captured flags to be made, * –646. ‘. Commutation of rations for general courts-martial prisoners, 2887b. Computations to determine authorized number of officers in corps and ranks in line of staff corps, 2483b. Condemnation proceedings for acquisi- tion of timber, sawmills, camps, etc., 6911aa, Appendix p. 1784. Condemned ordnance for soldiers’ monu- ments, 3102. . Contracts, bunting of American manu- facture, 6880. - Control of contracts or supplies of services, 6842. - Instructions as to making of, 6899. Naval supplies, duties with reference to, 6862-6882. Tobacco, 6869, 6870. - Council of national defense, member of, 31.15a. . Court-martial, authority to convene, 3006. Authorizing commandant of naval yard or station to order general, 3006b. Authorizing commanding officers of squadron division, etc., outside lim- its of United States to Order gen- eral, 3006a. Court of inquiry, ordering, 3026. - Custody, books, records and property of department, 617. Naval records from beginning of de- partment to War of Rebellion, 618. Records of Revolutionary War, 619. Dental Corps, appointments, 2501-2504, 250S, 2510, 2512. Deposits of seamen’s savings, 2876. Details, line officers to engineering duty, 82a. Medical corps officers of navy for duty with military relief division of red cross association, 2498a. Naval officers, to hydrographic of- fices, 657a, 657b. 657bb, Appendix p. 1744. To remove derelicts, 2777. Officer as aid or executive of comman- der, 2663. Of officers, 657a. Officers to shore duty, 2606a. Discontinuance of civil officers at navy- yards, 2569. - Disposal of money received from sale of maps, charts, etc., 660. Disposition of useless papers in files of D#. Yºs fº Stations, 2789. stribution of automobiles, 655 º dix p. 1744. - b, Appen Distribution of department among bureaus, 622. Dry dock at Boston, of, 2804bb. Duties of bureaus performed under au- thority of, 625. Emergency purchases of war materials abroad, 6868. Enlisº, men, discharge of, 2587, 2588, Rations to, 2877. Temporary home on discharge, 2598. Enlistment of seamen, 2572, 2573. Term of, 2578. Ephemeris and Nautical Almanac, addi- tional copies may be required for public service and sale, 7057. Estimates, amount necessary to carry out provision of act relating to naval militia, 3078a (56). Demands on naval pension fund, 6708. Expenses of departments and bureaus to be furnished to, 653. Statement of number and salaries of persons employed, 6707. Examination for promotion, Warrant offi- cers, 2708, 2712. Experimentai and research laboratory, re- ports of expenditures, 652a. nºments by private ship builders, to hydrographic office, business Contracts for use SECRETARY OF NAVY (Cont'd) Factory for manufacture of armor, erec- tion, etc., 2779a. Fines, application to Navy hospitals, 9201. Fleet naval reserve, calling into active Service, retired enlisted IOleń, 2900%b (10). Examinations for commissioners, 2900%b (8). Regulations as to forfeiture of pay, 2900% b (7). Furlough for officers, 2614. Without pay may be granted to enlist- ed men, 2590b. General duties, 616. . Gifts for vessels in navy, acceptance of, 647. Head of department, 610. - Home manufacturers, etc., to be prefer- red by, 6879. '. Hospital corps, appointment, 2513, 2514. Government, 2513. Limitation of numbers in various rat- ings, 2514a. - Indexing of records of Revolutionary War, 619 . Insane of navy, 2813. Order for commitment to insane hos- pital, 9, 301. Instructions to be furnished regarding. making of contracts, 6899. Interdepartmental social hygiene board, member of, 9188% (a), Appendix p. 1797.- Inventories of public property, 280. . Issue of outfits to enlisted men serving second enlistments, 2887a. Judge advocate general, direction of, 612. Lands, authority to lease, 647a. For naval purposes at Cape May, a C- quisition of, 2804bbb. Leases of water front property, 2804g, Appendix p. 1765. Leave of absence to civilian employés of navy department, 2797a. Lighthouse service, prescribing regula- tions for service in times of war, 8459b. Lights on naval vessels, Red River of the North and rivers emptying into the Gulf of Mexico, exhibition of, suspended by, 7956. War and revenue vessels on Great Lakes, exhibition of, suspended by, 7923. War vessels in harbors, rivers and in- land waters, exhibition, suspended by, 7904. Loan of scientific instruments to Weath- er service, 643. Maps, charts, etc., to be prepared at hy- drographic office, 658-660. Marine corps, determination of qualifica- tions of second lieutenants, 2903d, 2903e. Establishment of instruction camps, 52C. Examination of officers, 2903f. Regulation of sale of stores, 2942. Retiring board, selection, 2950. - Medals of honor, 2713–2715. Medical Corps, examination, 2497. Midshipmen, dismissal of, 2744. Mileage and traveling expenses to naval officers, 2844–2849. Militia, appointment of navy and marine . corps officers to naval militia, 3078a. Naval militia, appointment of board hºmers to consultation, 3078a. Arms and equipment, 3078a (4). Bond; of, accounting officers, 3078a. 17) Disbursing officers, 3078a.(28). Detail of officers to instruct, 30783: ). Equipment, 3078a (4). Estimates of cost of carrying out act, 3078a (56). Inspection, 3078a (28). Accounts of officers, 3078a (17). Issue of arms and naval stores, etc., 3078a (14). - Loan of vessels, stores, etc., to, 3078a (13). Organization, 3078a.(4). Participation in Cruises, manet:- vers, etc., of regular navy, 3078a. 21) Payment of appropriation to dis- bursing officer, 3078a(12). , Af GENERAL INDEX SECRETARY OF NAVY (Cont'd) Militia (Cont'd) - Naval militia (Cont'd) Revocation of detail of officers or enlisted men, 3078a.(23). Sale of oil and gasoline for volun- teer patrol squadrons, 3078a (25). Selection of, officers for instruction in firing and target practice, 3078a (24). Officers or enlisted men for at- tendance at military Schools, 3078a.(27). Reports, 3078a (31). Tame of contractor, direction of manner of fixing to supplies, 6883. Naming vessels, 2769-2773. Nautical Almanac, exchange of data. With foreign offices, 664. - Supervision to be placed in charge of naval officers, etc., 663. . Naval academy, appointment of midship- men, 2746. Appointment of professors structors, 2748a. Clothing for midshipmen, 2749. Number of appointments to, 2726b. Permission of designation of Filipinos for instruction, 2721a. Naval auxiliary reserve, confirmation of rank, 29.00%d (3). Naval flying corps, appointment of Stu- dent flyers, 2952% n. Detail of officers for, 2952%b. Distribution of personnel, 2952%u. Establishment of aeronautic schools, 2952% g. . . Establishment of regulations for gov- ernment of, 2952% w. Examination to determine qualifica- tion of lieutenants for regular Serv- ice, 2952%i. Revocation of appointment of, acting ensigns and second lieutenants for aeronautic duties, 2952%f. Student flyers, 2952% o. Transfer of qualified student flyers to reserve, 2952% p. Naval Home and hospital, employment of inmates in, 9205. Government regulated by, 9204. Naval hospitals, fines, application to, 9201. Superintended by, 9199. Naval officers, assignment to duty on ocean mail vessels, 7536. Naval pension fund, estimates of demands On, g Investment, 9085. Naval prisoners, allowances to, 3039, 3040. Naval reserve force, camps of instruction, course of study at sea, 2900% a (26). Direction as to time of payment of retainer pay, 2900%a (16). Discharge, 29.00%a.(2). Examination to determine qualifica- tions, 290014, a (10). Flag or pennant for merchant vessels commanded by officers of naval re- serve force, 2900%a (25). Fleet naval reserve force, assignment to active duty for training, 2900%b and in- Regulations, 2900%a (2, 3). - Reports as to movements and occupa- tions as condition of retainer pay, 2900%a (14). - Navy hospital fund, deductions from pay for, 9200. - Navy mail clerks, selection, 7256. Navy yards, equipment for building ves- sels, 2804ff. Next of kin of deceased inmates of Na- § Home, inquiries for regulated by, Nurse corps, 2518, 2519. r Ocean mail vessels, construction, approv- al, 7533. Orders, chief of naval operations, 621c. Ordnance material, increase of facilities for proof and test of, 2804bbbbb. Partial payments during progress of work under contract, 6882. - appointment and allowances, Pay corps, establishment of board of ex- | amination for, 2537c. Examination, 2527, 2528. Pay, death of naval officer or enlisted man, 2870. Officers and men of lost vessels, 2863, 2865, 2869. EPage 2316] SECRETARY OF NAVY (Cont'd) Paymasters of lost or captured public ves- i. directing settlement of accounts of, 55. - ’ s Pay officers, bond, 2531, 2532. sion fund, 9089. Journals of disabled privateersmen to be transmitted to, 9095. - - Trustee of navy pension fund, 9083. Tºse of privateer pension-fund, Power plants at navy yards, consolida- tion, 2801. - - President, orders of to be executed, 616. Succession to office of, 219, 220. Printing of, additional copies of publica- tions of office of Naval Intelligence, Hydrographic office publications, 7163. Prize, approval of appointment of prize- commissioners, 8400. . Cases to be reported to, 8399. Commissions of auctioneers, 8424. Distribution, ransom money, Salvage, bounty, etc., 8419. - Marshal to report condition, 8402. ... Transfer of property to another dis- trict for sale, 8408. Professors of mathematics in Navy, duties of, 2547. Publication, etc., 7147. Records of Revolutionary War, 6.19. Public contracts to be in writing and copy, etc., filed in returns office, 6895– 6899. Hydrographic office charts, Purchases, flour and bread for navy, 6878. Fuel for navy, etc., 6879. Material for steam boilers, 6866. Plates and copyrights of maps, charts, etc., for Hydrographic office, 7147. Preserved meats, pickles, butter and dessicated vegetables, 6877. Projectiles, 6868. # Tobacco for navy, 6869, 6870. Without advertisements, 6869. Quarters or commutation thereof for per- sons in navy or marine corps, 2851aa, Appendix p. 1765. Rations to enlisted men, 2877. Recommendations to of appointments in naval observatory, 662. Records of Revolutionary War, preserva- tion, indexing and publication of, 619. Red Cross Association, issuance of Sup- plies and equipment to, 1963a, b. Refund of cost of outfit and bounty On discharge from enlistment, 2587. ~ Regulations, Tallotments of pay, , 51400. Deposit of unallotted pay, 514000. Navigation, movement and anchorage of vessels in Pearl Harbor, Hawaii, 9959. } Navy, 2805, 2806. - e tº Regüiations of Board of Visitors, to Naval observatory to be submitted to, 662. - Rejection of excessive bids, 6874. gº Relinquishment of reservation on deliv- eries of supplies, 6881. Remission or mitigation of sentence of court-martial, 3025. - • ... Removal of charge of desertion against men of Navy or Marine Corps, 2954– 2958. Rental of building for department, 6933. Repairs of naval vessels, designation of examining board, 2781, 2781a, 2782. Reports by, 334a. Appropriations, etc., 648. tº gº * Claims for damages by collision With vessels of navy, 652. . To Congress, 648-652. Cost of product of factory for manu- facture of armor, 2779a. Disposition of useless papers in files of navy yards and stations, 2789. Distribution of duties of bureau of equipment, 624. Rimployment of professors and structors at naval academy, 2748a. expenditures in- Pay of navy and bureaus, 649. Repair of vessels, 650. Expenditures, certain appropriations, 649 Drafting. technical and inspection force, 6.15a. Experimental and research labora- tory, 652a. Wages, stores, etc., 648. Pensions, aid to sailors from naval pen- || from, Estimates, demands on appropriations, 648. [References are to sections, except where otherwise indicated.] - - SECRETARY OF NAVY (Cont'd) Reports by (Cont'd) - : Expenses of consulting board of nava I militia, §aº); Improvements of harbors Channels, 28.136. rs, canals and Repair of vessels, 650, 651. Sales of vessels or materials, 648. | Reports to, board of visitors of naval ob- º 662. Chief of bureau of supplies and ac- counts, 627. - Requisition for advances, 6755. Retired enlisted men may be called into active service, 2659a. Retired list, employment of, 2653. Returns of contracts by, 761 Revenue cutters, directed by, when co- Operating with navy, 8459%b (44). Employment to enforce act relating to Sponges, 8869a. Review of deck court proceedings, 2992. Rewards to civilian employés, 655a, Ap- pendix p. 1744. - Salary, 36, 234. Sales, cannon for experiments, 3099. Hydrographic office charts, 7147. Individual pieces of armament, 3104. Naval supplies, 2810. Naval vessels, materials and stores, 2784–2788. Stores, 2811. - Selection of coal lands in Alaska for fuel for navy, 2804.hh, Appendix p. 1765. Shore duty, orders for, 2606, 2607. sºlº of licensed yachts prescribed by, *; and buildings for Navy hospitals, Smithsonian Institution, member of, 10565. Specifications for steel material for Ves- sels, 2779. Steam vessels, Ancon and Cristobal not transferred to, 6829a. sºeepers on foreign stations, 2567, Summary courts-martial, rules, 3002. Supreme Court reports for, 1203. Timber lands, exploration and reservation. for naval purposes, 4977–4988. Training camps for instruction of citi- Zens, establishment, 2952C. Vessels, building in navy yards, 2804f. Fish commission, 907. Naming, 2769–2773. Nautical schools, 2762. Oil for vessel for volunteer patrol squadrons, 3078a.(25). . Quarantine purposes designated by, 9.174. Warrant officers, temporary appointment, 2554a. . - Wººnts, drawn by, how countersigned, 746. Washington Navy yard as manufacturing yard, 2803. Young Men’s Christian Association build- ings in navy, yards, heat and light, 2802. SECRETARY OF SENATE |See Se77. Cºte. SECRETARY OF STATE See Consular Officers ; Diplomatic Of- ficers ; Foreign Relations ; State De- partment ; etc. Accounts, Auditor’s examination, 420. Acting as agent of foreign government without notice to, 7678m. - Allowance to secretaries and messenger of legation in Paris, 3135. Amendments to Constitution, promulga- tion, 303. . Appointments, assistant law clerk to edit laws of Congress, 295, 297. Assistant Solicitors, 294, 297. Chief of Bureau to prepare informa- tion for Department of Commerce, 292. Law clerk to edit laws of Congress, 295, 297. - Officers for drafting work in State De- partment, 297. Approval of compensation and expenses of , international monetary conference commissioners, 6455. Assistants, 288, 289, 297. Duties prescribed by Secretary, 298. Salary, 288, 289, 297. * 297, Appendix p. 1737. Bonds, Comptroller of Currency filed in office of, 502. Consular officers, 3149, 3150. approval by, GENERAL INDEX [Page 2317] [References are to sections, except where otherwise indicated.] SECRETARY OF STATE (Cont'd) Bonds (Cont'd) Consular officers (Cont'd) As administrator or guardian, ap- proval by, 3165. Lºrian of congress, deposited With, Books from library of congress, 139. Boundaries between United States and Canada, bonds from chiefs of parties for advances from appropriation, 6795a. Certificate by, of expenditures in inter- jºrse with foreign nations, effect of, Clerk to, salary, 297. 297, Appendix p. 1737. Consular courts in certain foreign coun- tries, judicial duties to be discharged by, when, 7674. Consular officers, bond of, 3149, 3150. - Assistants, report on qualifications of, 3158. Building and sites for diplomatic and consular establishments, power to acquire or construct, 3209. Collection of statistics under direction of, 875. o Consuls empowered to pay postage. On letters detained in foreign countries, approval of Duties relating to invoices, 5546. Estimates for expenses, 3209, 6697, 6698. Instruction as to return of destitute seaman to United States, 8368. Prescribe regulations for report of fees, 3176. Regulations, returns of fees, 3181. Regulations for courts in certain for- eign countries to be laid before Con- gress, 7664. Time of transit to posts of, 3201. Custody and charge of, laws, resolution, etc., 302. Public property of Departments, 301. Seal of department, 301. Diplomatic officer, report as to efficiency of diplomatic officer, 3130c. Distribution of duties of officers, and employés, 298. Estimates, buildings and sites for diplo- matic and consular establishments, 3209. - Diplomatic and consular service, 6697. Rent and expenses at consular Offices, 6698. clerks Exports, opium, regulations, 8801d. Extradition proceedings, payment of fees and costs, 101.15, 101.17. Field notes, maps, etc., livered to, 4451–4455. Foreign affairs management of, 300. Roreign legations to be furnished . With documents upon requisition of, 7145. Foreign Public Ministers, transmission to marshal of names of persons in Service of, 7613, 7614. Fugitives from justice of , a foreign coun- try surrendered by, 10110, 10118. Notice of application by foreign fugi- tives for discharge given to, 101.19. General duties relating to Department, 284–310. Head of state department, 284. of surveys de- Internal revenue tax, may prescribe regu- lations for purchase of goods Without payment of, 6367. Inventories of public property, 280. Invoices of imported merchandise, struction, 3173. Joint resolutions, copies of for public printer, 308. - Judges list of votes for presidential elec- tors, 211. - Laws, copies of for public printer, 308. Newspaper in District of Columbia desig- nation for publication of proclamations and treaties, 7184. Opium, promulgation of regulation as to export, 8801d. Panama Canal, legation building, trans- ferred to, 6829a. Passports, authorized to issue to perSons making declaration of intention, 3958. Citizens of United States, return of issuance to secretary, 7627. Vessels going to foreign countries, form, prescribed by, 8052. Porto Rican governmental transactions reported to president through, 3765. Postage on letters detained in foreign countries, consuls empowered to pay, de- SECRETARY OF STATE (Cont'd) Postal conventions, copies of for public printer, 308. - Presidential electors, sending for district judge's list, 211. President, succession to office of, 219, 220. Private secretary, salary, 297. 297, Appendix p. 1737. Promulgation of amendments to Constitu- tion, 303. - Reports, abstracts or returns to collectors of ports for Congress, 305. Efficiency of diplomatic officers, 3130c. Expenditures of appropriations for §een trade and treaty relations, Foreign regulations of commerce, etc., 306, 307. TJnexpended balances of appropria- tions, to auditor of treasury, 6801. Revised Statutes, printing, publication and distribution, 1523, .7070, 7114. Supplements, delivered to superintend- ents of documents, 7114. Order for additional copies of, 7108, 7110. Salary, 36, 234, 285-287, 297. 297, Appendix p. 1737. Seal of United States, custody and charge of by, 301. Seamen’s certificates of citizenship, list of to be sent to secretary by Collectors of Customs, 8376. second 8 assistant secretary, appointment, Salary, 288, 289, 297. 297, Appendix p. 1737. Smithsonian Institution, member of, 10565. Statement of expenditures from contin- gent fund, 307. - State statutes, copies for Department to be procured by, 304. Statutes at Large, additional copies may be required, 7072. Edited, printed and bound under di- rection of, 7072. Edited, printed, published and distrib- uted in pamphlet form, 7071. Marginal references to include the number designating bills or resolu- tions, 7118. Printing, publication and distribution of pamphlet copies, 1524. Supreme Court reports for, 1203. - Territories, powers and duties relative to, exercised by Secretary of Interior, 682. Third Assistant Secretary, salary, 289, 297. 297, Appendix p. 1737. Treaties, copies of for public printer, 308. Trust fund received from foreign govern- ments for United States citizens, dispo- sition, 6668. - Vice-consul-general at Shanghai to be designated by, 7696. - SECRETARY OF TREASURY See Customs Dwities ; Internal Reve- **te ; Life-Saving Service ; Mint ; Public Money : Treasury Depart- me?"...t. Absence, 353 \ Agricultural colleges, amounts due states, certified to, 8874. Co-operative extension work, certifi- cation of amounts due to States, 8877f. - Payment of appropriations, 8872, 8877. Aeriºral experiment stations, 8878– 97. - Amounts due States, certified to, 8894. Payment of appropriations, 8892. Alaskº, court clerks’ bonds approved by, 574. Court clerks to report fees to, 3572. Disposal of wharf at Sitka, 3612a. Dockage rates at government wharf in, 3612. Fish inspectors appointed by, 3639. Fund, 3592, 3593. Game laws enforced by, 3621. Instructions for payment of legisla- ... tive expenses, 3542. Repair of wharf at Sitka, 3612a. School expenses paid by, 3605. American Printing House for the Blind fund, 9387–9390. - Appointments by, assistant auditor, 420a. (d) Assistant comptroller, 420a (d). Cotton futures tax agents, 6309m. Appropriations, 6671-6808. - Charitable, etc., purposes, payment, chief clerk to sign documents, SECRETARY OF TREASURY (Cont'd) Appropriations (Cont'd) Form and charging of warrants by, for drawing money from Treasury, 6748. Pºint to Agricultural Colleges, For public buildings, 6795. Unexpended balances, 6800-6807. Carried to surplus fund, 6802. Report of, 6801, 6803. Articles imported in violation of copy- right laws, forfeiture or return, 9553. Assistant secretaries, additional assistanſ Secretary, appointment, compensa- tion, 351. - Appointment, 350–351a. cºcation of transcripts from books, Delegation of, to sign warrants, 380. Duties, 379, 380. - Ineligible to hold office in member * of Federal reserve bank, 9793 Number, 351a. - Salaries, 350-352. Term of office, 351a. Audit of financial transactions of Unit- ed States Shipping Board Emergency #. Corporation, 8146fff, Appendix p. 789, Blue fox skins, fixing price of skins to gºald to natives of St. Paul Island, Bonds of War Finance Corporation, rate of interest, approval, 31.15%g. Books from library of congress, 139. Bounty claims, payment to colored Sol- diers, sailors, etc., 3972. Bureau of engraving and printing, graved plates of portraits, 5.13a. Furnishing of impressions of portraits from, 513. Bºness, engaging in certain forbidden, €Il- By-laws of War Finance Corporation, ap- proval of, 31.15%d. - Chairman of board of directors of War Finance Corporation, 31.15%b. Checks, etc., lost or destroyed, 6645. Duplicates for, 6646. Chief clerk, salary, 353. Chief executive officer of department, 353 Chinese exclusion act, designation of ports for entry of Chinese, 4308. Rules and regulations, 4309. Certificates of residence, 4321. Duplicate photographs of applicant on certificate of residence, 4324. Return of resident Chinese leaving country, 4308. V : cº against United States, set-off, cº by United States, compromise, Coast and geodetic survey, allowances for subsistence to persons employed in, 8559, 8560. - - Designation of libraries, etc., to re- ceive, 7146. - Coast Guard, construction and equipment of cutters, 8459%a.(11). Directing construction in aviation to members at Army and Navy schools, 8459%a(13). Directions as to administration of du- ties, 8459%a.(2). Discretion as to manning stations, 8459%a (10). - - Establishment, change of districts, etc., 8459%a (10). Equipment and maintenance aviation stations, 8459%a (12). Reports to, of expenditures and opera- tions, 8459%a(5). Coins, coinage, etc., approval of new de- signs, 6447. Assay-office, Helena, 6424, 6425. St. Louis, 6426. Salt Lake City, 6430. Seattle, 6429. | Certificates for deposits of, Of Bullion, 6564 Deposits of, 6564-6567. Silver, coinage of, 6479. Coinage. into subsidiary coins, 6485. Limitation of amount re- moved, 6488. Purchase of, 6474-6478, 6547. Transfer from assay office at New York to Philadelphia mint, 6524. Certificates for deposits of, 6564. GENERAL INDEX [Page 2318] LReferences are to sections, except where otherwise indicated.] - SECRETARY OF TREASURY (Cont'd) SECRETARY OF TREASURY (Cont'd) (SECRETARY OF TREASURY (Cont'd) Coins (Cont'd) Commerce and Navigation (Cont'd) Customs laws (Cont'd) - Foreign coins, proclaiming values, 6536 - Regulations for coinage for, 6460. Gold bars, exchange for gold coin, Gold bonds or notes, borrowing gold - on security of, 9803. - Retirement, 9803. Gold, certificates of deposit, 6564-6567. Certificates of deposit, suspension of issue, 6565. . Gold §: certificates for deposits of, 656 º 304. Deposits of, 6564-6567. Exchange of gold bars for, 6464. Regulations as to receipt by public officers of coins reduced in weight by abrasion below stand- ard, 6442. Gold mint bars, transfer from New York assay office to assistant treas- urer’s office, 6525. Minor coins, cleaning, reissue and re- coinage, 6496. Regulations for redemption of, 9 Moneys at mints for payment to de- positors, 6512. . . - • , Parity of values, maintenance of, 6480. Philippine coinage, designs for, 3903. At United States mints permitted by, 3890, 3901. Porto Rican coins, re-coined by, 3758. Redeemed by, 3758. • - Purchase of coin, 6815. . . Silver coin, free transportation, 6493. Issue in exchange for légal-tender notes, 6545. . - Regulations for transmission of silver coins to depositaries, etc., approved by, 6490. Silver \ dollars, seigniorage, 6476. Subsidiary, issue in redemption of fractional currency, 6542, 6544. Recoinage of uncurrent, 6486. Commerce and Navigation, accidents to or loss of vessels or barges in to W, remission of penalties for failure to report, 7978, 7978a. Accidents to or loss of vessels or barges in tow, reports transmitted to, 7977, 7978a. - Uhange of name of vessel, 7763. Clearances, refusal to vessels or Vehi- cles destined for insurgents, 10162. Coasting trade, authorization to Sur- veyors of ports to enroll or li- cense vessels for, 8093-8095. On Lake Michigan régulated by, 6832. . - Collision rules for Great Lakes, reg- ulations for enforcing, 7940. Derelicts, vessels to remove, Con- structed by, 84.59%b (51). Enrollment, numbering, system estab- lished by, 7757. Ports of entry in Porto Rico desig– nated by, 3752. Registered tonnage of vessels, regu- lations for certificate, 7730. Registry, blank certificates of fur- nished to collectors by, 7738, 7739. Grant of new in case of sale un- der legal process directed by, Numbering, system established by, 7757. - * Penalty for failure to surrender certificate of remitted by, 7723. Remeasurement of vessels, fees for regulated by, 7772. Shipping commissioners, jurisdiction over transferred to Secretary of Commerce, 859. , . Statement of services rendered by consular officers without fee trans- mitted to, 7803. Steam vessels, approval of use of in- struments for the security of life, 8267. - - Copies of title relating to to be furnished to master, 8270. Inspection, instruments and other necessary articles for inspec- tors procured by, 8222. Manner of inspecting iron and steel for boilers prescribed by inspectors subject to ap- proval of, 8.193. Regulations to carry act into - effect, 8224. Petroleum or other mineral oils for power on steamboats, permission for utilization, 8244. - Supervising Inspector-General of under control of, 8156. Tolls in St. Mary’s Falls canal regu- lated by, 7832. - Tonnage taxes, refund to Cuban ves- sels, 7822. Yachts, commissions issued by, 7807. Licensed, remission of penalties #inst masters and owners Of, Commercial intercourse in insurrection- ary states regulated by, 101.46. Confederate States, compensation for col- lection of moneys, etc., due to be allowed by, 6952. Contracts for collection of moneys, etc., due, 6952 Congress, certification to, of judgment of 6. Court of Claims, 640 Information to, 381. Consular officers, bonds of deposited with, 3149, 3150, 3165. Consular fees for American vessels. paid by, 3176. Deduction of penalty from compensa- tion of, 3179. Remission of penalty for failure to collect fees, 3180. ASSayer of imported ores designated by, 5291ſ152, 162). Assistant appraisers, confirmed by, 5396. - Bond by importer to furnish proof of value required by, 5620. Bonded privileges for exportations to British Columbia, etc., regulated by, 5694. Bondºn warehouses designated by, 44. appointment Garbanzo or Mexican peas, regu- lations as to establishment, 5671a. . Manufacturing Warehouse regulat- ed by, 5672 Pºsions extended to Albany by, Siºns Warehouse regulated by, 6673. Storage and cleansing of imported rice designated by, 5671 sºme of grain, designated by, 6 Bond for, entry of merchandise by agent or factor exempt by, 5484. Transportation of imports for re- warehousing prescribed by, 5686. Cargo in bulk destined for places other than port of entry, unlading regulated by, 5472. Cartage of imports regulated by, 5684. Clerks and employés in Appraiser’s office at Philadelphia, numbers and compensation fixed by, 5333. . . Clerks, verifiers, etc., in appraiser’s office in New York, appointed by, 5332. w - Collection of, customs at temporary port in case of insurrection regu- lated by, 10157. Revenue, 384. Collectors of customs, employment of deputies approved by, 5368. Compensation, detection of Smuggling fixed by, 5798. Dºct attorney in customs cases, 5788. Informers in customs cases certi- fied to by court, 5800. - In lieu of moieties, 5797. Night service of customs officer fixed by, 5571. - - - Special agents fixed by, 5390. Construction of customs laws, reversai or modification of, 383. Countervailing duty of articles receiv- ing bounties regulated, by, 5296. Custom-house broker, license revoked by, 5551. Customs officers, accounts, form pre- scribed by, 5387. Accounts regulated by, 5381, 5382. Designated to administer oaths, 5502. Removed by, to other places in case of epidemic, 91.79. Supplies for, 5386. - Temporary port in case of insur- rection appointed by, 10156. Debenture granted for refusal of col- lector, 5745. Decisions of Court of Customs Appeals Renewal on sale of vessel, 8078. Court of customs appeals, rooms for Fisheries, authorization to surveyors | books, stationery, etc., 1181. of ports to enroll or license vessels | Credit to officers paying stolen notes, for, 8093-8095. - 6822. Free importation of materials for ves- Currency, consolidation of stock accounts sels required by, 7709. of distinctive paper, 6553b. º License, numbering, System establish- | Customs laws, abatement of duties for in- ed by, 7757. Renewal on sale of vessel, 8078. Life saving tugs, regulations for Op- eration, 8459%b (50). - Light duties, refund to Cuban Vessels, 7822. Measurement of vessels for tonnage under direction of, 7733. . Merchant seamen, foreign, admission - to marine hospitals regulated by, 9.194. Per alty for carrying sheath- knives, recovery, 8389. Merchant vessels, etc., powers, etc., transferred to Secretary of Com- merce, 859. Nationalization of Alaskan vessels, regulated by, 7718. , Nationalization of Porto Rican ves- se's regulated by, 3756. Notices to mariners, bulletins, etc., printing, 7163. Passenger vessels, boarding on arrival regulated by, 8007-8009. - Payment for death of passenger on vessel regulated by, 8011. Reports of inspection of transmit- ted to, 8012. juries or destruction of merchan- dise, regulated by, 5677. Additional duty for failure to submit books for inspection, assessed by, 5600–5601. Admission of, antiques free of duty regulated by, 52910656). - Philosophical, etc., apparatus free of duty regulated by, 5291 (573). Theatrical property temporarily imported regulated by, 5291 (582). Works of art, etc., free of duty regulated by, 52910611, 653). Alcohol, ascertainment of percentage prescribed by, 52910244). Allowance for shortage or damage to imported goods regulated by, 5602. Animals, admission for immediate slaughter at ports of entry of tick infested cattle, 8689a. Appointment of special agents as in- spectors of customs in foreign ter- ritory, 5709. Appraisal of goods, regulated by, 56.35. Regulated by, at New York, 5628. Appraisers of customs, officer desig- nated to perform duties in case of vacancy, 5395. Sent to other districts, 5634. transferred to, 1183. Decisions, reversal or modification of, 383. Deputy collectors of customs, appoint- ed by, 5369. Vested with powers of collectors, 5372. - Detection and prevention of frauds, 6796, 6797 . Distribution of, fines, etc., 5794. Reports of Court of Customs Ap- peals, 1183. District attorneys to report refusal to prosecute cases to, 5788. - Drawbacks, on articles shipped to Philippines, regulated by, 5674– 567 . 5. Regulated by, 5756-5759. Duties assessed at less than entered value, 5527. Employment of, boats by collectors of customs approved by, 8459%b(55). Weighers, etc., of collectors ap- proved by, 5359. Enforcing prohibition against importa- tion of convict made goods, 5304. Entry of merchandise saved from wreck regulated by, 5760. GENERAL INDEX [References are to sections, except where otherwise il SECRETARY OF TREASURY (Cont'd) Customs laws (Cont'd) - Entry of tobacco regulated by, 5291 (182). Entry for warehouse regulated by, Examiners at New York appointed by, 5331, 5629. 3. Execution of' customs laws regulated by, 384. Exportation, drugs, medicines, chemicals regulated by, 5723. Manufactures from imported ma- terials regulated by, 5724. Extension of time for, entry for draw- back, 5740. Re-exportation, 5474. Withdrawal of merchandise from bonded warehouse for exporta- tion to Mexico, 5657a. Forfeiture remitted by, 5590. Forms for collectors, receivers, etc., and for execution of customs laws, 84 - * and Forms of manifests, clearance and oaths for trade on northern, etc., frontiers prescribed by, 5836. Forms of reports by collectors of cus- toms of exports by rail prescribed by, 881. - Forms or declaration to a CCOImpany invoice on entry of merchandise pre- scribed by, 5523. Free importation of materials for con- struction of vessels regulated by, 5309. General bond of agents, factor, etc., 5484 Hydrometer for testing proof of spir– its, adopted by, 56.14. Identification of, exported articles when reimported regulated by, 5291 (404). Re-imported fruit boxes regulated by, 52910172). Importation, adulterated drugs, medi- cines and chemicals, prevented by, 5356. Articles from sunken vessels regul- lated by, 53.12. Books and periodicals regulated by, 5 - - 522. Cattle and hides permitted by, 5302. Certain birds and animals regulat- | ed by, 10411. From COuntries discriminating against United States, regulations prohibiting, 8836p. Eggs of game birds regulated by, 5291ſ104). * Involving discriminatory ments, regulations, 8836O. Mails of articles in violation of copyright laws, regulations to prevent, 9554. agree- Pure bred animals regulated by, - 52910397). Imports in bonded warehouses, routes and regulations for exportation to Mexico prescribed by, 5687-5689. Inspection of, decisions of general ap- praisers regulated by, 5598. Inspectors of customs, on routes for exports to Mexico, 5340. Instructions and decisions under cus- toms laws binding upon officers, 5392. Instructions to district attorneys not to appear in suits against Collectors, etc., 1296. Lading or unlading after preliminary entry regulated by, 5560. Lease of, customs house, 5637, 5639. Warehouse, 5638. - Leaves of absence to customs officers and employés regulated by, 5375. Licensing of custom-house brokers regulated by, 5553. Lien upon imported merchandise in warehouse, regulations for, 5667. Manner of transportation of merchan- dise in bond, regulated by, 5698. Marking imported articles and pack- ages regulated by, 5297. Merchandise in warehouse reported to, 5681. Motor boat for customs collection dis- trict of Corpus Christi, Texas, 8459%b (56). & Number and compensation of clerks in graiser's office in Boston fixed by, 329 Number of Officers for revenue cutters, 8459%b (3). [Page 23191 SECRETARY OF TREASURY (Cont'd) Customs laws (Cont'd) Oath of subordinate customs officers in custody of, 3288, 5352-5354. Over time work by appraisers at New York regulated by, 5632 Payment by certified checks of Cus- toms and internal revenue taxes reg- ulated by, 5711, 5712. . Penalties for fraudulent entry of mer- chandise not remitted by, 5527. Plans for improvement and manage- ment of revenue, 381. Port for lading or unlading of vessels from Canada designated by, 5841. Proceeds of sales of seized property, 5780-5783. Proof of importation in absence of certificate, 5750. Proof of wines, etc., ascertainment prescribed by, 5291ſ238). Prosecution for offences by complain- ants, 5787. Purchase of supplies from warehouse by vessels of war, regulated by, 5668. Railroad iron under bond for remanu- tºure. importation regulated by, 725. - Rates of storage in warehouse regu- lated by, 5640. Recording and transmission to collec- tors of trade-marks and commercial names, 9513. Refund of excess duties, 5715, 5718. Report to Congress, 5717, 5718. Rºportation of articles regulated by, 5313. Release of imported merchandise seiz- ºnder customs laws approved by, Remission of, duties on necessary re- pairs to vessels on northern, etc., frontiers, 5827. - Pºiº on salt used for curing fish, 726. Fines, penalties, etc., 5804. Forfeiture of seized property, 5781. Return of animals exported for exhibi— tion regulated by, 5321, 5322. Revenue cutters constructed or pur- chased by, 8459%b (2). Revenue marine service, civilian in- structor employed by, 8459%b (15). Fº fºuns sieve prescribed by, 5291 193). Rulings, reversal, or modification of, 383. Sale of, abandoned merchandise in gºehouse regulated by, 5657, 658. Article liable to depreciation in warehouse regulated by, 5662. Samples of wool and hair selected and prepared under direction of, 56.12. Sampling and assaying lead ores, reg- ulated by, 5616. - Sampling of sugar regulated by, 5611. Sampling works for imported ore, construction or lease, 56.17. Sealing of cars, vessels, etc., arriv- ing from contiguous countries reg- ulated by, 5815. Search of package and persons regu- lated by, 5767. Special agents, appointed by, 5389. Regulations for, 5391. - Stamps for, imported cigars provided by, 5500. Imported liquors prescribed by, 5650 - standard for grading sugar, furnished by, 5610. Statistical list for imports established by, 5523. Superintendence of collection of reve- nue, 381, 382 Supplies for United States vessels withdrawn from Warehouse free of duty, 5669, 5670. Suspension of punishment of customs officer, 5373. . Temporary admissions, * ulated by, 5291 (398). Free of duty of articles for specif- ic purposes regulated by, 5308. Temporary inspectors of customs at New Orleans, appointment approv- ed by, 5338. Transit of baggage to foreign Coun- tries regulated by, 5533. animals reg- ndicated.] SECRETARY OF TREASURY (Cont'd) Customs laws (Cont'd) . Transportation, articles, not intended for Sale to inland ports regulated by, 5707, 5708. . . In bond to foreign countries reg- ulated by, 5690. Imports over foreign territory reg- ulated by, 5691. . Imports for re-warehousing routes prescribed by, 5685. Merchandise in bond in less than Carload lots regulated by, 5699. Transshipment of merchandise Brownsville regulated by, 5341. Unlading of vessels, from adjacent foreign countries, regulated by, 5821. - -*. On northern, etc., frontiers, regu- ulated by, 5832. wºousemen's bonds approved by, Warehouses regulated by, 5682, 5683. Withdrawal from bonded warehouses of material for vessels regulated by, to 5310. Customs service, fixing pay of laborers, 5327b Delinquent departments, authorizing ad- . Vancement of money to, 428. Depositaries of public monies in foreign Countries, 66.12a. Depository for copyright fees designated by, 9570. Diminution of positions in office of Au- ditor for Post Office Department below grade of chief of division, 352a. Disbarment of attorneys practicing be- fore departments, 385. - Division of, currency, creation, 352. Issue, approval of regulations con- cerning, 477. Loans, creation, 352. Redemption, approval of regulations concerning, 477. Drafts used as currency, guarding against, 6644. Employés’ Compensation Act, estimates of appropriations to be submitted to, 8932pp. Employment of persons paid from cer- tain appropriations for enforcement of laws relating to department, 378a. Estimates, appropriations, special or ad- ditional estimates to follow same form as original, 6672a. Book of, Submission to Congress an- nually, 6732, 6733. Classification, compilation, 6733. Customs Service, 6689. - P. of Secretary of Agriculture, a. Extracts from reports included in Book of Estimates, 6739. Laundering paper money, 6692. Mints and assay offices, 6523. Parting and refining bullion, 6691. etc., Public Health and Marine-Hospital Service, 6694. Rearrangements, 6673. Refunding national debt, 6687. Reports of expenditures for repairs, etc., of public buildings, 6696. Revenue Cutter Service, 6693. Statement of, exceeding estimated revenues to be transmitted to President, 6737. - Former appropriations to accom- pany, 6738. : Territories, 3431, 3475. - Time of furnishing to, 6734. Excess profits tax, regulations, 6336% n. Exports, opium, regulation, 8801d. Federal Farm Loan Board, member of, 9835b (2). Federal farm loans, preparation of bonds, 98.35k(4). Public money depositaries, tion, 9835cc. - Purchase of bonds from farm land banks, 9835w. Subscriptions to Stock banks, 9835c (5). Federal reserve banks, deposits of pub- lic funds, 9798. Disposition of net , earnings paid to United States as franchise tax, 9789. Extension of time of payment of United States certificates of indebt- edness deposited as security for fed- eral reserve bank notes, 9799a. designa- of federal land GENERAL INDEX IPage 23201 [References are to sections, except where otherwise indicated.] SECRETARY OF TREASURY (Cont'd) Federal reserve banks (Cont'd) Federal reserve notes, engraving and printing, 9799(7). Expenses for furnishing, 9799(11). Form, 9799 (7). Redemption, 9799(3). Fiscal agents of United States, 97.98(1). Form of circulating notes issued on purchase of bonds. Sécuring retired notes of member bank, 9800 (5). Government deposits, 97.98. Organization committee, member of, 9786(1). TJnited States Stock to be held by, etc., 9786(10). Federal Reserve Board, member of, 9793 *-y 2, ). - Offices for, 9.793(2). Supervision of, 97.93(6). Fines, penalties, and forfeitures, sion, 101.30, 10.131, 10134-10136. Food and drugs, delivery of, imported to consignee on bond, 8727. Refusal of admission of adulterated, etc., 8727. Regulations for carrying out provi- sions of act, 8719 Samples of imported delivered to Sec- retary of Agriculture, 8727. Forms, application for relief as to life insurance by persons in military service, 30.78%gg. For public accounts, 381, 408. Fur-bearing animals, remission of fees, penalties and forfeitures relating to, rennis- Fur seal, agents and assistants to man- age fisheries, appointment, 8861. Reports to by Commissioner of Fish- eries as to seal life on Pribilof IS- land, 8860. - General duties, 381. Government drafts, , regulations to enforce speedy presentation of, 4. Head of department, 349. FHead of War Finance 31.15%a. Importation of distilled spirits, tions, 8739b. Indian lands, allotment in severalty, cer- tificate of fees . Of Officers allotting from public lands to Indians not residing on reservations, etc., 41.98, 4199. Indians, payment of annuities, 36. Insane hospital, order for admission to, of persons in public health service, 9302. - - Order for commitment to, 9301. Insecticides and fungicides, refusal of admission to false labels, etc., 8775. Regulations for carrying out provi- sions of act, 8767. Interdepartmental social hygiene board, member of, 9.188% (a), Appendix p. 1797. Internal revenue, distilled spirits on destruction, 5945. Allowances for expenses of collectors, Corporation, regula- treaties, Application to, reimbursement for de- struction of distillery and ap- paratus after seizure, 6129. Remission of forfeitures, 6363. Appointment of officers to execute rev- enue laws in case of insurrection, 10156. - Approvals by, bonds for payment of additional taxes, 5896a. Bonds of collectors when acting as disbursing agents, 5848. Conveyances of property held by the United States under inter- nal revenue laws, 5930. Establishment of, central denatur- ing bonded warehouse, 6134. Central distilling and denatur- ing plants for alcohol manu- factured by farmers, etc., 6137. Exemption of, brandy made from apples, etc., from tax on dis- tilled brandy, 5990. Small distilleries from certain requirements, 5991. Forms for notice by rectifier of in- tention to rectify distilled spir- its, 5996. Forms for returns of additional taxes, 5896a. abatement of tax on | | SECRETARY OF TREASURY (Cont'd) Internal revenue (Cont'd) Approvals by (Cont'd) Regulations, assessment and col- lection of special excise tax, 5980k. Bonds, books, etc., of manu- facturer of filled cheese, 6244. Bonds of distillers for payment of taxes on spirits in bonded warehouse, 6035. Books and returns by Whole- sale dealers in oleomarga- rine, process, renovated or adulterated butter, 6241. Bottling of spirits in bond, 6070, 6071. For export, 6072. Business of manufacturer of phosphorus matches, Carrying act relating to, fill- ed cheese into effect, 6257. Mixed flour into effect, 6269. Oleomargarine into effect, White phosphorus matches into effect, 6285. Change of form. and device of internal revenue stamps, la- bels, etc., 6343. Collection of tax on imported perfumes containing distilled Spirits, 5986a. Commission furnished by re- tail dealers in leaf tobacco, 6175. - Disposal of stamps represent- ing payment of tax on liquor removed for bottling, 6161. Distilled spirits, drawing from receiving cisterns for de- posit in distillery ware- houses without Warehouse Stamps, 6028b. Filling packages of alco- hol, etc., with reduced spirits from receiving Cisterns, etc., 6028a. Distilleries, filling in sweet- mash distillery by manufac- tures of ethyl alcohol, 6026a. Draw back on articles shipped to Philippines, 6338. Erection of vinegar factories in reference to distilleries, 6023. Estate tax, 6336%m. Exportation of, cigars without labels, etc., 6207. Mixed flour without pay- ment of tax, 6266. Playing cards without pay- ment of tax, 63.15. Tobacco, etc., 6.194. Fermented liquors, removal from breweries to contiguous industrial distilleries for use as distilling material without payment of tax, 6151a. Form of packages for tobacco and snuff, 6162. Fruit distilleries, as to spirit Imeters, locks, seals, 61.14d. Gauging and stamping rectified spirits, 6102. Gauging, branding, and stamp- ing Spirits drawn into new packages, 6104. General bonded warehouses, 6058. Manufacture of alcohol free of tax for denaturation by farm- ers, etc., 6137. Marking and branding adulter- ated butter after original package is broken, 6235. Marking and branding pack- ageS of filled cheese after lººkins Of Original package, Marking casks or packages dumped for rectification or received from rectification, 6102a. Munitions tax, 6336%m. Place of fortifying pure sweet Wines with wine spirits, 61.14. Records to be kept by retail dealers in leaf tobacco, 6175. Redemption of internal reve- nue stamps, 6346, 6346a. SECRETARY OF TREASURY (Cont'd) Internal revenue (Cont'd) Approvals by (Cont'd) Regulations (Cont'd) Reissuance of stamp when lost or destroyed, 6097. Removal from bond of tobacco without payment of tax for exportation, 6192. Removal of domestic Wines to bonded premises, 61.14a. Returns, munitions tax, 6336% e. Wholesale liquor dealer of quantity of spirits receiv- ed, 6104. - Special bonded warehouses for grape brandy, 6039, 6048. Special denaturing bonded Warehouse in connection With distillery, 6132. Stamping, sealing, etc., pack- ages of pure Sweet Wines for- tified with wine spirits, 61.14. Statement of fees of officers under oath, 5879. Suits for recovery of payments, Taking, branding, stamping, etc., packages of Oleomargar- ine, 6218. Tax on alcoholic compounds coming from Porto Rico, 6123. Transfer of alcohol for denat- uration from, distilleries to bonded warehouse, 6135. Transfers of spirits in tanks or tank cars for exportation, 61.27a. Transportation bond on with- drawal of spirits from bond Without payment of tax, 6126. Use of wine spirits to fortify pure sweet wines, 6111. Withdrawals, fermented liquors by pipe lines for purpose of bottling, locks and Seals, etc., 6.161. Grape brandy or wine spir– its for fortification of wine, 6110b [c]. Spirits from bond for pur- pose of making sorghum. * Sugar, 6069. Spirits from general bond- ed warehouse, 6062. Wine spirits from special bonded warehouses for fortifying pure SWeet Wines for exportation, 6.115. Wine spirits from ware- houses for fortifying pure SWeet wines, 61.14. Returns as to miscellaneous ar- ticles, 6309%b. Returns by insurance companies, 6309%b. - Returns by transportation com- panies, 6309%d. Stamps for cigars, 6204. Stamps for payment of tax on dis- tilled 'spirits, 5986. Tax on transportation vessels, provision for payment, 6309%a. Cancellation of bonds given on expor- tation of spirits withdrawn from bonded warehouse without payment of tax, 6125. - Cancellation of stamps on packages Of cigarettes, 6202a. Certificate that imported matches are not White phosphorus matches, 6280. Collection, regulations, 6349a. Compensation of deputy collectors, 58 Computation of tax on admission to cabarets, etc., 6309%a. Contracts for printing 6318 f(b). Designation of depositaries for safe keeping of moneys collected under internal revenue laws, 5934. - Pºion as to bonds of collectors, 5847. Stamps, Direction as to collectors acting as disbursing agents, 5848. Disposition of fermented goods, etc., 6352. - Drawback of internal revenue tax on alcohol, exports, 5724. Enforcement Of War revenue act, GENERAL INDEX IPage 2321] [References are to sections, except where otherwise indicated.] SECRETARY OF TREASURY (Cont'd) Internal revenue (Cont'd) Income tax, approval 6336hſb]. Approval of statistics relating to Operation of income law, 6336t. On corporations, approval of forms of returns, 6336m [b]. Regulation as to inspection of returns, 6336mſb]. Returns, approval of regula- tions where accounts are kept On basis other than of actual receipts and disbursements, 6336mſd]. On individuals, certification as to unreasonableness of accumu- lations by corporation, etc., 6336c. Regulations as to deductions in Case of oil and gas well and mines, 6336eſa..], 6336fſa]. Licenses to collect foreign pay- ments of interest, etc., 6336iſf]. Payment in advance, 633600. Regulations as to deductions al- lowable in case of loss in oil and gas wells and mines, 6336/[a], [b]. Regulations for payment, 63360 g. Income tax returns, 6336xx, 6336xxx, 6336y. Gains and profits, 6336iſg]. Regulations as to returns of fiduciaries, 6336.h.Dc]. Internal revenue agents, fixing com- pensation of, 5860. Meters, tanks, etc., at distilleries, breweries, etc., approval of, 6017a. Office of collector of internal revenue under services of the Chinese Ex- clusion Act to be fixed by, 4323. Opium, appointment of agents and of- ficers to enforce provisions, 6287 p. Approval of forms, 6287h. of forms, § Registration and tax, approval of regulations to carry act into ef- fect, 6287g. Regulations as to manufacture, 6287b. - Permitting import of distilled spirits, 5650a. Permit to Withdraw alcohol from bond for scientific purposes, 6066. Purchase of stationery for revenue service, 374. Regulations by, appeals to Commis- sioner of Internal Revenue, 5949. Carry out act relating to wines, 61.14f. Cotton futures tax, cancellation of stamps, 63091. Enforcement, 6309m. Importation of matches, 6280. Internal revenue tax on, Philip- pine manufactures, 5294. Porto Rican manufactures, 3749. Manufacture of medicinal prepara- tions, perfumery, cosmetics, etc., in bonded Warehouses, 63.39. Preventing exportation of White phosphorus matches, 6281. Reduction of circulating notes of banks, so as to gain exemption from tax, 6294. Refundment of taxes, penalties, etc., 5944. Removal of certain articles manu- factured in bonded warehouses for transportation to Pacific Coast for exportation, 6340. Special excise taxes, approval of reg- ulations as to assessment and col- lection, 5980k. Stamps for wine tax, 6110bſb]. internal Stamp taxes, regulations for safe keeping, etc., 6318h. Superintendent of exportation and drawback to be designated by, 5880. Wines, approval of allowance for un- avoidable loss, 61.14e. Approval of regulations as to re- moval of domestic wines to bond- ed premises, 61.14a. Liqueurs and cordials, providing Stamps, assessment in lieu of stamps, 61.14b. Regulations to carry out act, 6114f. Withdrawal of grape brandy or wine Spirits for fortification of wine, 6110b [c]. COMP.S.T.’18—146 SECRETARY OF TREASURY (Cont'd) Internal revenue (Cont'd) Written permission to discontinue criminal prosecutions arising under internal revenue laws, 5953. International prison commission, payment of pro rata share of U. S. toward Sup- port of, 7685. Legal-tender notes, redemption, issue and Sale of bonds, Life-saving service, 8460–8547. Agiºsition of lands for stations, etc., Detail of revenue marine officers as inspectors, 8462. Discontinuance of stations, etc., 8517. Disposal of condemned materials, 8466. District superintendents, appointment, 8520, 8521, 8523. cºnsation of clerks to district, 527. Empigent of crews of surfmen, 8532, On Long Island and New Jersey coasts, 8532. Keepers, appointment, 8519, 8528, 8583. Medals of honor, 8544-8547. Pensions to, disabled keepers or mem- bers of crews, 8542. . Widows, etc., of deceased keepers or members of Crews, 8543. Regulations, 8465. Stations, establishment, 846.9-8515. Superintendent, appointment, 8519. Transfer of books from Treasury De- partment Library to life-saving sta- tions, 8468. Volunteer crews, 8540, 8541. Lighthouse service, discontinuance and re-establishment of lights, 8450. Lighthouses, beacons, etc., a SSign- ment of collectors of customs to superintend, compensation, 8445, 8446. Salaries of keepers, 8447. Physical examination of lighthouse keepers, condition to medical relief, 8448a. Lists of persons in military service mak- ing application for benefits of , act re- lating to life insurance, 3078%i. Loans to meet public expenditures, Cer- tificates of indebtedness, 6824. Louisville and Portland canal managed by, 9858. © Marine hospitals, lease or sale of, 9.197, 9198 Miscellaneous supplies for departments, advertisement and COntracts for, 6833. Money orders, etc., destruction of paid, 609. Moneys received from national forests, T payment of part of to state or territory for schools and roads, 5149. Moving picture films, censorship by, 5291 (380). National banks, appointment of bank ex- aminers, 9832. Approval of organization, 9675. Circulating notes, approval, 9670. Engraving and printing, 9714-97.16. Form, 9714. Mutilated, destruction, 9723. Redemption, 9754, 9816. Regulations, 9819. Special agent to examine bank, 9814. Depositaries of public moneys, des- ignation, etc., 9691. Destruction of note plates of bank in liquidation, 97.18. Exchange of coupon for registered bonds, 9700. * Receivers, appointment to be With concurrence of, 9746. National forests, construction of roads and trails, notification of Secretary of Treasury of amount to be ex- pended, 5150a. - Notification from Secretary of Treas- ury of amount to be expended in constructing roads and trails, 51.50a. National Home for Disabled Volunteer Soldiers, accounts, regulations by, 9272. Nursery stock, notification to Secretary of Agriculture of importation, 8753. Officers and clerks, accounts, examina- tion . by Auditor, 420. Accounts, regulations as to settle- ment, 437. Regulation for transmission of a C- counts, 428. SECRETARY OF TREASURY (Cont'd) Officers and clerks (Cont'd) Accounts (Contd) Requirements as to papers to ac- COnlpany, 436 Revision of settled, 425. Time of rendering, 6617. Acting assistant register in absence of Register, appointment, 489. Additional deputy Comptroller of Cur- ren Cy, appointment, Agents and assistants to manage seal fisheries, appointment by, 8861. Analytical chemist in office of com- missioner of internal revenue, ap- pointment by, 6226. - Assistant or clerk to sign warrants, delegation, 380. ASSistant Superintendent of lifesaving Service, appointment by, 8460. Auditor’s decisions, overruling, 428. Authority to place appropriations un- der control of officers, 373. Pº, of tea experts, appointment by, Bureau of Engraving and Printing, approval of regulations as to leaves of absence, 511, 512. Direction of, 510. Chief clerk of Court of Claims, ap- proval of bond of, 1132. Chief clerk to sign documents, desig- nation, 353. Classification of clerks under Civil Service laws, 3277. Clerks, messengers, etc., in office of assistant treasurer at New York, approval of appointment, 6594. Fixing compensation, 6594. Clerk to act in case of absence of Treasurer or Assistant, appoint- Iment, 476. Collectors of internal revenue, regu- lations for contracts to supply sta- tionery, etc., to, 492. Commissioner of Revenue Marine Service detailed for duty under gamissioner of Fish and Fisheries, Comptroller of Currency, appointment of Assistant Deputy Comptroller of Currency, 500. Approval of, bond of, 497. Seal of, 502. Duties performed under direction Of, 495. Recommendation of appointment Of, 496. Customs officers, bonds of approved by and filed with, 3288, 5.358. Delinquent Officers, postponement of distress proceedings against, 6634. Depositors of funds of National Home for Disabled Volunteer Soldiers, bonds of, 9248. Deputy auditor, delegation of substi- tute, 444 Deputy Commissioner of Internal Rev- enue, duties prescribed by, 494. Deputy Comptroller of Currency, ap- pointment, 498. Designation of clerk to act for assist- ant treasurer or depositary, 6602. Detail of certain Öfficers to depart- ment, 365. Director of the Mint, accounts, 6441. Appointment of Clerks in Office Of, 509. General direction of, 507. Reports of, 509. Disbursing clerk of census office, bond of filed with, 913, 916. Disbursing officers, allowance to for clerks, etc., 6657. Disposition of useless papers in of- fice of auditor for Post-Office De- partment, 608. District superintendents, of life sav- ing service, appointment by, 8520, 8521, 8523. Duties of assistants prescribed by, 379. Estimates of expenses of government printing office to be submitted to, 81 General supply committee, direction of duties of, 6833. Instructions to collectors and others receiving treasury notes, etc., 384. Reepers of life saving stations, ap- pointment by, 8528, 8533. Law clerks in offices of comptroller and auditors, appointment, 359. Leaves of absence, rules and regula- tions, 362. 1. GENERAL INT) EX IPage 2322] [References are to sections, except where otherwise indicated.] SECRETARY OF TREASURY (Cont'd) Officers and clerks (Cont'd) Librarian of congress, bond of, 131. Microscopist in office of commissioner of internal revenue, appointment by, 6226. Mºncers, approval of bonds of, approval of Notice to accounting officers of ap- pointments, 3254. Officers, bonds, custody of, 3288. Payment for services rendered ves- sels in domestic commerce, 8138. To regulate commercial inter- course in insurrectionary States, appointment, 10147. Postal savings clerks, 360, 361. * Post office warrants, delegation of em- ployés to countersign, 445. Publig, printer, approval of bond of, 71. Regulations for advancement of money to, 6984. Register of copyrights, bond of ap- employment, proved by, 9571. Register of Treasury, duties prescrib- ed by, 486 Regulations governing practice before Department, 385 Regulations respecting treasury notes, etc., 384. Removal of officers, cause, report to Congress, 3256. Solicitor of Treasury, approval of reg- ulations by, 553 Direction to cause release of at- ºment of public property, '6050. Special agents to examine depositaries of public money, appointment, 6653. Special disbursing agents, appoint- ment, 6666. Superintendent of library building and grounds, approval of bond of, 134. Superintendents of mints, increase of bonds of, 6438. Treasurer, approval of bond of, 474. Treasurer of American Printing House for the BIind, bond of held by, 9389 receiving (5). Warrants, delegation of assistant or clerk to sign, 380. Opium, regulation of importation for medicinal purposes, 8800. Regulations as to export, 8801d. Panama Canal bonds, 6826–6829d. Issuance of bonds to finance nitrate plant, 6829b. Place of audit of accounts of military establishment, 420a, 420b. Poor debtors, discharge, 6377. Postal savings depositories, issue of bonds, 7589, 7590. Member of board of trustees, 7580. Practice before Department, regulations concerning, 385. Printing bonds, notes, checks, etc., 6556a. Proceeds of sale of burnt timber, pay- ment to claimant, 4996. Public accounts, forms of, 381, 408. Public buildings and contracts, acquisi- tion of sites, authority to purchase not an appropriation unless so made in express terms, 6906. Acquisition of sites, government print- ing office, 6913. Pºsse or condemnation, 6901, Affidavit of commissioners to be filed with, 6900. Assignment of rooms, etc., 6938. Charges for use of government wharf at Sitka, Alaska, to be fixed, etc., Compensation of employés paid from appropriations for construction, lim- itation on, 6924. Construction of central heating, light- ing and power plant, 3332. Contracts, bunting of American manu- facture, 6880. Collection, preservation, or sale of property wrecked, abandoned, or become derelict, etc., 6952. To full cost limit on partial ap- propriation, 6887. Heating apparatus, 6919. Supplies, 6833. To be in writing and filed in re- turns office, etc., 6895-6899. Custody of certain buildings, 6938. Designation of disbursing agent, 6926. SECRETARY OF TREASURY (Cont'd) Public buildings and contracts (Cont'd) Disbursement for construction of, 6927. Estimates, approval, 6905. Expºnditure of appropriations for, Expenditures for sites, from appropri- ations for construction, 6901. Lease of unproductive property, 6942, Payment for, engineering and electric light plants from construction fund, 6921. Fixtures and electric wiring from construction fund, 6920, 6920a. Plans, approval, 6905. Not to be approved until after se- lection of site, 6917. Not to involve expenditure in ex- cess of cost limit, 6917. Preparation, etc., in office of Su- pervising architect, 6915. Remission of liquidated damages for delay, 6922. Renting of building sites, etc., 6928. Sale of lands acquired by United States by devise, 6948. Sale of unproductive lands or prop- erty acquired for debts, 6942. Selection of sites, 6900. Temporary quarters, appropriations available for use in, 6934–6936a. Public debt, 6809-6831. Payment of, 6799(13). Payment of interest on, 6813. ' Anticipation, 6814. Public health, allotments of pay of of ficers, 9136a, Appendix p. 1796. Allowances for officers detailed for duty in leprosy hospital approved by, 9187. Appointment of, chiefs of division of Public Health Service approved by, 9144. . . Members of advisory board of hy- gienic laboratory approved by, 9143. Discharge and entry of vessels Sub- ject to quarantine laws, 9151–9154. Establishment of quarantine grounds and anchorages, approved by, 9164: Examinations for surgeons in Public Health Service approved by, 9132. Form for bill of health of vessel pre- scribed by, 9157. e Infected vessel sent to quarantine, Leaves of absence to surgeons in Pub- lic Health Service, 91.40. Leprosy hospital and laboratory, 91.86. Observations of state quarantine laws, 9.150. Public health , and marine hospital service bulletins, direction as to number of copies, 7135. Public Health Service 9159. sº Quarantine between states at time Of epidemic, 91.76. Quarantine regulations, directed by, 9158. For vessels at foreign ports of de- - parture, 9158. Quarantine stations, established and controlled by, 9167—9171. Hawaiian, selection of sites, 3733. Transferred by states to, 9163. Sanitary condition of vessels, 9160. enforcement Surgeon-general of Public Health Service to report to, 9130. Vessels, arriving without bill of health, 9165. Vessels in trade with contiguous countries, 9157. Public lands, repayment of purchase money, excess money, etc., Public moneys, 6578–6670. Depositories of, designation, 6580, 6581, 6612, 9691. Federal land banks, 9835cc. Directing manner of making returns of public money, 6643. Directing payment by collectors and receivers of public money to Treas- urer or Assistant Treasurer as often as once a week, 6604. Discontinuance of certain, 6585. Rate of interest, 9693. Transfer of public moneys from depos- itaries to Treasury or other deposi- taries, 6639. Public property, etc., transmission to con- gress of statements of money re- ceived from proceeds of, 6744. directed by, SECRETARY OF TREASURY (Cont'd) Public property (Cont'd) Inventories, 280. Railroads, collection of percentage of net earnings due United States, 10061. Settlement of accounts for transporta- tion, Army, 10062. Credit on notes, 10064. . Navy and Marine Corps, 10063. Union Pacific Railroad, books, rec- ords, etc., open to inspection, 10055. Withholding payments to amount of interest on bonds, 10060. Rebellion transportation of goods in aid of, prevented by, 10154. Receivers, monthly returns by, 4485. Reimbursement of sums dispersed by as special disbursing agents, .4481. Réclamation fund, advances to, 4710. Certificates of indebtedness for dis- posal of. 4711. Reference of claims to Court of Claims, Reimportations, preventing illegal, 5759. Reports, 334a. Accounts of superintendent of Treas- ury buildings, 397. Agricultural experiment stations, 8881, 3. Amounts allowed claimants, 398. Annual to Congress, 386-398. Auditor for Post-Office Department, 4 19. Auditors for War and Navy Depart- ment, 393. Captain Commandant of Coast Guard, 8459%a(5). Claims aijowed for army stores and supplies, 471. Contracts for supplies, etc., 386. Customs houses, expenditures at, 391. Persons employed at, 391. Delinquent officers, etc., 390. Depositaries of Treasury, changes in, 400. Director of mint, printing of increas- ed number of copies, 7123 & § Disposition of useless papers in Office of auditor for Post-Office Depart- ment, 608. District attorneys in customs cases, Q 297. Estimates of, Government receipts and expenditures, 386, 387, 389 Persons employed at mints and assay offices, 6690. tº: Person's employed on public build- ings, 6695. Expenditures 6829i, 6829n. Finance, 386. º * General' superintendent of life saving service, © Internal duties, receipts from. 396. Leases of unproductive public prop- erty, 6943. - e Navai Service, receipts, and expendi- tures in, 394. & Navy Department, report of Auditor for, 393. Number of copies, distribution, 1084. Outstanding liabilities by auditor Of the treasury, 484a. Porto Rican auditor, 3771. Porto Rican treasurer, 3770. Publication, quarterly statement of re- ceipts and expenditures, 399. Treasurer’s weekly statement, 400. Purchase of bonds, 682900. Receipts and expenditures, Service, 394. t Public moneys, 388. Receipts from internal duties, 396. Register of copyrights, 9570. Renting, of public building sites, 6328. Unproductive public property,6943. Revenue Cutter Service, expenditures for, 392. Services rendered by officers to vessels in domestic commerce, 8138. Superintendent of Treasury buildings, accounts of, 397. Surgeon-general ... of Public Health jºice transmitted to Congress by, 91.48. Tolls charged on canals along Ten- nessee river in Alabama, 9837. Towage, accidents to vessels barges, 7977, 7978a. Trustees of American Printing House for the Blind made to, 9390. |Unexpended balances, 6801, 6803. War Department, report of Auditor for, 393. { issue for of bonds,' Naval and GENERAL INDEX [Page 23231 [References are to sections, except where otherwise indicated.] SECRETARY OF TREASURY (Cont'd) #2ports (Cont'd) - Written report to Congress, 381. Reports to, by Bureau of Efficiency, 3286e, 3286t. Revenue-cutter service, contracts for rations, 8459%b (42). Courts convened by, 8459%b (60). P; of cutters to St. Mary’s River, 4. - Directed by, 8459%b (45). Disabilities of deserters removed by, 8459%b (63). Examination of revenue cutter cadets regulated by, 8459%b (31). Examining board for revenue-cutter service convened by, 8459%b (17). Offenders delivered to civil authori- ties, 8459%b (64). Officers, allotments of pay by permit- ted, 8459%b (21). Duties prescribed by, 8459%b (54). On waiting-orders list assigned to duty by, 8459%b (25). Place of imprisonment under sentence of courts designated by, 8459%b (62). Rººne board convened by, 8459%b Transfer of stations, 8459%b (46). Revenue marine, cadets recommended for advancement by, 8459%b (7). Constructor selected by, 8459%b (8). Enlistments regulated by, 8459%b (36). Rural post roads, certificate of appor- tionment to be furnished, 7477c- 7477e. Survey, specifications, etc., certified to, 7477f Salary, 36, 234, 352. Seeds and grain, regulations to prevent importation of adulterated, etc., 8744. Service of process on, action on bond of vice consul, 3150. Settlement of accounts, 437. Silver certificates, denominations of, 6484. Institution, member of, Smithsonian 10565. Sponges, employment of Revenue-Cutter Service vessels to enforce act, 8869a. Succession to office of President, 219, 220. Suit on claim in favor of the United States, 6407. Supreme Court reports for, 1203. Revocation of authority by, 3296. Surety companies, authority to transact business given by, 3295. Surveys of mineral lands, repayment of excessive deposits to cover cost of, 4813. Suspension of commercial intercourse in portions of loyal states in case of insur- rection, 10144. Tea, approval of bond of importer, 8786. Board of experts, appointment, 8787. Removal, 8787. Depositing samples in custom-houses, 8788. . Designation of board of general ap- praisers, 8791. Fixing standards of purity, etc., 8788. Regulations, 8795. For importation, 8786. Telephone lines controlled by Treasury Department, consent to transmission Of private messages over, 6608. Treasurer's account transmitted to, 478. Treasurer’s office, appointment of em- ployés detailed from assistant treasur- er, 367a. Treasury department, laws relating to, 378a. Treasury notes, cancellation on coinage of silver dollars and issue of silver certificates, 6483. Redemption, 6475. Reserve fund for, 6481. Trust funds from foreign governments for United States citizens, payment of, enforcement of 6668. - WJnited States bonds, 6809-6831. 6829ii-6829qq, Appendix p. 1782. Denonlinations, 6830. - Duplicates, 6817, 6820. Exchange of 2% for Outstanding 5, 4 or 3% bonds, 6825. Purchase or redemption, 6823, 6829qo. United States notes, denominations, pre- scribing, 6541. - Destruction, 6559. Engraving and printing, 6551-6556. Form, prescribing, 6541. | SECRETARY OF TREASURY (Cont'd) United States notes (Cont'd) Issue of notes of small denominations and retirement of equal amount of higher denominations, 6489. Mutilated, replacing, 6558. Retirement of notes withdrawn, 6561. United States securities, contracts for distinctive paper for, 6553a. Vessels, anchorage and movement in time . of war, 9959%a. Refusal of clearance upon refusal to accept trade, 8146.r. Vessels for Department, work on, 6648. Viruses, serums, etc., of board, 8781. Detail of officers, etc., ment of act, 8782. To inspect establishment for prop- agation and preparation, 8780. Enforcement of act, 8782. Vocational education, payment to states, advances for approval of rules for enforce- 9390%i. War Finance Corporations, 31.15%a- 31.15%k. Warrants, drawing, 478. . Granted in pursuance of appropria- tions, 381. Regulations for issuing, 425. War risk insurance, 514a–514v.v. Delivery of United States bonds to insurers for difference between amount of premium paid and de- faulted, 30.78%ll, 3078%m. Director of, 514b. Establishment of advisory board, 514e. Payment of claims for losses, 514f. Rules and regulations, 514d. Weisº, and measures, repair of sets, 89 Replacing lost, 8902. Sets of standards for agricultural col- leges, 8900. Standards for sheet and plate iron and steel, 8904. Wrecked or abandoned property, Con- tracts for preservation or sale of, 6952. SECRETARY OF WAR See Navigable Waters ; War Depart- 777, e7, t. - For particular matters relating to the Secretary of War, see Army Pag of Army; Rivers and Harbors; Sol- diers’ Home , etc. - - - - General provisions relating to War de- partment, 311-335. Abraham Lincoln National Park or Res- ervation, control, rules and regula- tions, 5249q. Execution of instrument necessary to carry out gift, 5249p. • 1 Acceptance of sites for mobilization, training and supply stations, 1990a. Accounting for army supplies and prop- erty, regulations, 1951a. Accounts in office of, examination by Au- ditor, 420 Accounts of army officers, detail of offi- cers to administer oaths to settlement of, 327. - - Additional assistant to Chief of Bureau of insular Affairs, appointment by, .348. Advances to contractors for supplies, 6648a. Aeroplanes and automobiles for postal service, 7430b. Appendix p. 1787. Air craft board, appointment of mem- bers, 3115*/a2b. Supervision and control, 3115"/32d. Air craft patent, purchase, 3115/32f. Alaska Board of Road Commissioners, army officers designated as, 3594. Allotments of pay of officers or enlist- ed men, 2170a. - For payment of rent, 3078% ee. Regulations for, 51400. Regulations for deposit of unallotted pay, 514000. American National Red Cross, meetings of, 7701. Reports to, 02. Appointments by, superintendent of An- - ºm battle field, 9368, Appendix p. 1798. Superintendent of nurse corps, 1832d, Appendix p. 1748. Appropriations, consent to expenditures § attendance at horse shows and fairs, 767a. calling | Archaeological sites, etc., permits for ex- cavation of, 5280. SECRETARY OF WAR (Cont'd) Armories, paymasters’ bonds, 3083. Workmen, employment, 3079. Arms, armories and arsenals, procure- ment of gauges, dies, etc., necessary for manufacture of arms, ammuni- tion, etc., 3110a. Sale of Ordnance stores to Cuba, 3106a. Army #"; contracts for transportation Of, * Sales of, 3099-3106. For Washington High School, 3094. Arsenals, abolition of, 3086. Assistant and chief clerk, salary, 315a. sºme official papers and documents, a. Assistant Secretary, appointment, 812. Duties, 312. - Salary, 312. Assistant to Chief of Bureau Affairs, appointment by, 347. Aviation, acceptance, of field sites, 1867d. Acquirement, 1867e. Aviation section, enlisted men, tion, 1860, 1867c. Iºnations and promotion, C. Battle flags, collection and care of, 320. Pºlis for contracts under department, Hids for work, report of, 334. Board of Ordnance and Fortification, ap- pointment and duties, 3111–3115. Books from library of congress, 139. Books, records, etc., of Department, CuS- tody and charge of, 319. Bounty, prize-money, etc., to colored sol- diers, marines, etc., enforcement of laws for collection and payment of, 3968. Bulletins of surgeon general of army for instruction of medical Officers, pub- lication, 7135a. 7135a, Appendix p. 1785. Bunting, contracts for of American man- ufacture, 6880. Cape Cod canal, purchase or condemna- tion, 9881b. | Chaplains, assignment to regiments, 1868. Charts of northwestern lakes, sale of Sur- plus, 328. Chesapeake and Delaware canal, acquisi- tion of, 9881a. Chief clerk, signature to paper during temporary absence of, 315. . Chief of Coast Artillery to perform duties prescribed by secretary, 1728. Chief of Engineers, appeals to from de- cisions of, 3323. Reports of to be caused to state cer- tain matters, 9874. Reports of, 335. Claims for damages to property from mil- itary operations, adjustment, 335. Clerks, employment to enforce laws per- taining to collection and payment of bounty, prize-money, etc., to colored soldiers, marines, etc., 3968. Coast Artillery fire, regulations for use of navigable waters to prevent injuries from, 9862a-9862d, Appendix p. 1798. Coast Guard, receipt of members at avia- tion schools, 8459%a (13). - Commanding general or chief of bureau ºpºſarily designated to perform duties. of, 313. Commissary department, direction of pur- chase of supplies, 6846. Commissary-sergeants, selection and du- ties, 1794. . Commutation of quarters for enlisted men, 21.18a, 2118b. Condemnation proceeding for acquisition of timber, sawmills, camps, etc., 6911aa, Appendix p. 1784. . Contingent expenses, annual statement of expenditures for, 333. KContracts, instructions to be furnished re- garding making of, 6899. - Returns of by, 761. Conveyance of Port Arthur ship canal ac- cepted by, 5339. Cooks, enlistment, 2005. Council of national defense, member of, . 31.15a. Dental corps, examinations, 1833. Depositories of public money in Philip- pine Islands, designation of, 6581. Desertions, removal from record of charge, 2298, 2300, 2301, 2304. Detail of officers and enlisted men of army to schools and colleges, 2289a, 2289aa. Detail of officers to training camps, 3072a. of Insular instruc- 1860, GENERAL INDEX [Page 2324] [References are to sections, except where otherwise indicated.] SECRETARY OF WAR (Cont'd) Disbursing officers, bonds, 1966, 1966a. Disbursements by, inquiries as to, Reports of inspections of, 331. Discharge from army, credit for purchase money paid for, 1893, 1894. Duplicate certificate, 323, 324. True name of person enlisting in Cer- tificate, 325, 326. Disciplinary barracks, designation, 2458a. Detail to, 2458a.(4). Directions for government and control, 2458a,(3). - Fºloyment, etc., of offenders, 2458a. Establishment of branch disciplinary barracks, 2458a.(8). Military training, 2458a.(6). Regulations regarding offenders’ con- duct, etc., 2458a.(5). Remission of sentences, etc., 2458a.(7). Disorderly houses near military Camps, regulations for suppression of, 2019b. District of Columbia park system regula- tions' of president for, prescribed through, 3353. Dredging for gold, etc., in Alaska, regula- tions, 5047. Electricity from light and power plant in Yellowstone Park, regulations for use of, 5206. • * Enlistºmen, allotment of pay by, 2169, Commutation of quarters, 21.18a, 2118b. Furlough to army reserve, 1891a, 1892. Payment of, 2200. Regulations of cooking by, 1837. Settlement of claims of, 6403b. Travel expenses of, 2126a. Enlisted reserve corps, active service for training, 1892e. Discharge, 1892e. Rosettes, 1892e. Enlistments, deserters, 3954. In foreign service, 10174. - Estimates, maintenance of public rifle ranges, 3070b. Forts, acceptance of donations of land for, 6911 Condemnation of sites for, 69.11. Purchase of land for, 6911. Sites for to include land for artillery barracks and quarters, 6912. Furloughs from regular army to regular army reserve, 1891a. General Staff Corps, appointment of board to recommend selections for, 1762a. To assist, 1760. Direction of Chief, 1763. Geological survey, detail of ordnance of— ficer to, 772. Head of war department, 311. . Horses, purchase from mounted officers on change of station, 2.134. Horses for cavalry, artillery, etc., structions for purchase, 6848 6848a, Appendix p. 1783. Indian affairs, detail of army officer with reference to Indian education, 4162. Normal and industrial training Schools to be established in vacant barracks, etc., 4163. Insane persons, contracts for caring for on Pacific Coast in state asylums, 9305. Filipinos in Army, contracts for care of, 9306. Order for commitment to insane hos- pital, 9301. * Permit to St. Elizabeth’s Hospital to use certain lands, 9308d. Transfer from military hospitals to public hospitals, 9308b. Transfer from St. Elizabeth’s Hos- pital to public hospitals, 9308a. Inspector general, detail of assistant, 1772. Instruction for enlisted men, character, 88a. . Interdepartmental social hygiene board, member of, 9188% (a), Appendix p. 1797. Intoxicating liquors, regulations of Sales in- in or near military Camps, 2019a. Iron and steel, tests of, 3109. Judge Advocate General’s Department, examination for promotion, appoint- ment of board, 1775b. Board of review, 1775b. Examination to fill vacancies, 1775. And for aviation schools, etc., 1867dd. ...ease of buildings for military purpos- es, 6932a, Appendix p. 1784. Lighthouse Service, prescribing regula- tions for Service in times of War, 8459b. SECRETARY OF WAR (Cont'd) Louisville and Portland canal, warrant to be drawn for expenses of, 9859. Management of military affairs, 318. Manufacturing establishments and plants, taking complete list of all private line plants equipped to manufacture arms or ammunition, 3115h. Taking over in time of war, etc., 31.15g, Medals of honor, 1939, 1940, 1940a. Medical board, designation, 1810. Medical corps, detail of officer to Ameri- can Red Cross, 1839. Medical department, appointment of Sur- geons, 1812. Assignment to duty, 1836. Master hºspital sergeant, appointment, 8. Examination, 1829a. Regulations for transfer of enlisted force to, 1829a. Medical reserve corps, 1816. Call for duty, 1817. Merchandise, transportation to Island of Guam by army transport service, 1978. Mileage to officers, 2126. . . Military academy, Board of Visitors, re- port, 2250. Buildings for religious worship, 2282. Cadets, designation of Filipinos, 2234, 2234a. Cavalry detachment, 2273. Commissary of cadets, 2276. Examination of cadets, 2237, 2240. Leaves of absence, 2253, 2254. Professors, assignment of, 2209, 2214. Detail to duty, 2224. Purchase of supplied for department * instruction, 6861a, Appendix p. 783. - Quartermaster and commissary for cadets, detail of, 2218. Studies on Sunday, 22.45. Supervision, 2255. Military headquarters, 1980. Military posts, expenditures, 1982. Post offices, 1988b. Sale of intoxicating liquors, 1990. Young Men’s Christian Association' buildings, 1989. Military stores and supplies, issuance to schools, etc., for military training, 2289a. . . Manufacture at prison, 2459. Purchase, 1960. Sales, 1972. To educational institutions, 2295a. Military surveys and maps, 8562g, pendix p. 1794. Military telegraph, designation of officer to disburse appropriations for, 6752. Militia, arms and equipments, 3056, 3057, 3059-3061, 3063. - Attendance of officers and members of sºnal guard at military schools, Bonds of disbursing officers, 3064a. Course of study at training camps, 3071b. Details, army officers to national guard, 3074. # Army sergeants to national guard, 3074a. Enlisted men as instructors in rifle practice, 3071a.a. . Officer as surveying Officer, 3057. Officers to attend encampments, 3073, 3073a. Directions as to, appointment of di- rectors of civilian marksman- ship, 3070c. Appropriations for families of members of national guard draft- ed into United States service, 3052b. Disposition of returned obsolete arms, 3059b. - - Disbarring state from benefits of na- tional defense act, 3064b. Encampments and field 3054, 3066. - Estimates. Of cost of carrying out na- tional defense act, 3055. Infantry equipment, supplying and exchanging, 3061a. Inspection of National Guard, 3064. . Issue of, materials for target practice to rifle clubs, 3071a. New types of small arms, etc., 3060. Old models of magazine rifles to instruction, ** clubs and military schools, 3070a. | Payment of allotment of appropriation to disbursing officer, 3064a. e * Ap- || SECRETARY OF WAR (Cont'd) Militia (Cont'd) Regulations as to, enlistment of help-. ers for care of equipment, 3062b. Pay for national guard officers, 3044 u. Reports, 3053, 3053a. Disbursing officers, 3064a. * Rifle ranges for instruction of citizen and others, 3070b. Rules and regulations as to disbursing officers, 3064a. Sale of arms and equipments to states for, 3069-3071. Magazine rifles for use of rifle clubs, 3070. Stores, 3069. - Training camps, 3071b-3072a. Transfer of horses and pack mules to National Guard organizations, 3052d. Militia bureau, change of, 3074b. Mining below tide in Alaska, exclusive permit to, forbidden, 5047. Mobilization, etc., station sites, ance, 1990a. Motor ambulances, purchase without ad- Vertising, 6832a. National cemeteries, 9362–9373. Appoº ent of superintendents, 9365, Antietam battle field, 9368. Appraisement of land for, 9363. Appropriation of land for, 9362. Care and maintenance of, 9369. Certificates for burial of army nurses, accept- 3. Estimates for, 9369. - - Graves to be marked, 9371. ſº Headstones for soldiers buried in pri- vate cemeteries, 9372. Inclosures of, 9371. * Payment for land, 9364. . Porter’s lodges to be erected, 9365. Purchase of land for, 9362. Record of burials, 9372. Superintendents, salaries to be fixed by, 9367. National forest reservation commission, member of, 5177. National home for disabled volunteer soldiers, accounts of supervised by, 92.73, 5. Bond of treasurer of approved by, 9247. Estimates and requisitions for, 9257. Member of board of managers of, 9238. Inspection of directed by, 9280. National Military Parks, 5282-5290. Camps for military instruction, 5283. Member of commission in charge of, 5290. - Regulation for assembling mational guard, etc., 5283. Regulations for use of, 5282. Naval hospital at Hot Springs erected under direction of, 9209. Navigable waters, detail of vessels to prevent injuries from coast artillery fire, 9862a. - g Regulating use, etc., 9861–9862a. 98.62a–986.2d, Appendix p. 1798. Navy, reports as to improvements of har- bors, canals and channels, 28130. Niagara river, diversion of Waters, 99.892–9989i. - 99.89.j, Appendix p. 1799. Nurse corps, approval of appointment, 1831. Pay of nurses, 1832. - Settlement of claims of, 6.403b. Superintendent, appointment, 1831. Officers’ reserve corps, medical section, active duty, first lieutenants, 1881a. Training, 1881c. - Ordnance, condemned ordnance for sol- diers’ monuments, 3102. For military instruction at colleges, 2283. - Obligations for in addition to ap- propriations specifically authoriz- ed, 6648b. - Obsolete cannon delivered to Soldiers’ Homes, 9289. Sales of, 3099–3106. For experiments, 3099. Individual pieces, 3104. For schools, 3094, 3095. For Washington High School, 3094. Ordnance department, depots, 1856. * Detail of enlisted men, 1854, Detail of officers to, 1848. Enlistment of Sergeants, 1853. Orders for supplies, 1857. Regulation of duties of sergeants, 1851. GENERAL INDEX [Page 2325I [References are to sections, except where otherwise indicated.] SECRETARY OF WAR (Cont'd) Ordnance department (Cont'd) Reports and returns of property, 1858. Reward for suggestion by employees, 3090. Selection of Sergeants, 1852. Payment in advance to troops, 2198. Pay of army, assignment of, 2166. Beneficiaries of deceased officers or enlisted men, 2.165. Permits for diversion of waters of Nia- gara river, 9.9897, Appendix p. 1799. Philippine coinage, amount approved by, 896. - - Philippine Commission to report to, 3906. Philippines, governor general’s reversal of auditor’s decision, review of, 3817e. Porto Rico regiment of infantry, pay and allowances for enlisted men, 1745. Post and garrison schools, 1988. Post offices in military post, 1988b. Potomac Park, permission for tempo- rary occupation of, 3365. Revocation of licenses for boat hous- es in, 3347. Proposals and contracts for works, ma- terials, etc., to be separate, 6858. Public buildings and grounds, estimates for submitted to and approved by, 3309. Extension of buildings beyond build- ing line in District of Columbia ap- proved by, 3335, 3354. Public contracts to be in writing and filed in returns office, etc., 6895-6899. Public printing and binding, army, 7159aa. Quartermaster’s department, 6856, Ap- pendix p. 1783. Public property, inventories, 280. Leases of property not required for public use, 6944. Public reservations for widening road- ways, approval of permission for use of, 3355. - Purchase of motor ambulances without advertisement, 6832a, Appendix p. 1783. Quartermaster Corps, age limit for en- listment, 1780. Detail for duty, 1780. Duties to be performed by Officers, 1779. - Waiver of bond, 1966a. Quartermaster’s Department, ment of post quartermaster °geants, 1787. Approval of contract for printing for, 6856. Direction of purchase of supplies, 6846. Employment of veterinarian, 1785. Purchase and transportation of mili- tary stores, 1789. . . Quartermasters, duties, 1790. Quartermaster sergeants, appointment of, 1788a. - Quartermaster supplies, issuance to mili- tary instruction camps, 1963d Quarters for officers, 2123. Recruiting depots, 2009–2013. Control of, 2026g. Establishment, 2026g. Organization of troops, 2026g. Red Cross Association, issuance of Sup- plies and equipment to, 1963a, b. Reports of, 7702. f Sales of medical supplies to, 1963c. TJse of buildings on military reserva- tions, 1989a. Re-enlistment, 1892. Reports to, auditor in Philippine, 3817d. Reports to Congress, 331, 333, 334-335. Disciplinary barracks, 2458a (3). Leases of public property not required for public use, 6944 Militia, 3053, 3053a. River and harbor improvements, ci- vilian engineers on, 28.136, 98.71, 9872. Tracts necessary for use by national guard and army, 1990a. - Unexpended balance of appropriations, 332 appoint- Ser- Requisition of buildings in District of Columbia, 6933c, Appendix p. 1784. Reserve officers’ training corps, battalion and regimental units, 18811. Camps, 18811. Course of training, 1881g. Regulations for government, 18811. Supplies, etc., to be issued, 1881k. Retired officers, assignment to post with- out regular garrison, 2075a. Eligible for active duty, examination, 2073b. List of, 2073b. SECRETARY OF WAR (Cont'd) Retirement of officers, 2054, 2074, 2077-2079. R; and ammunition for home guards, a. Rivers and harbors, etc., 9936–10030. Action of Mississippi River Commis- Sion, approved by, 9997. Anchorage regulations, 9959a. Apprºations, application, 9883, 9887, 88. - For separate works, crediting and expenditure of balances, 9889. Bridges, draw bridges, regulations, effect, 9973. - Grant of rights of way etc., for Over Illinois and Mississippi ca- | nal, 9972. Obstructing navigation, notice to alter, Notice to, district attorney to institute criminal pro- jºines against owners, 970. - Owners of bridges, 9964. Removal, 9965. - Proceedings for instituted at request of, 9965. Piers deflecting currents to be remedied on order of, 9975. Plans for, approved by, 9961, 9971. Railroad bridges, determination of terms for use of by other rail- roads, 9963. - , Tolls on, prescribed by, 9964. Cairº; Débris Commission, 10004- Exercise of powers by under direc- tion of, 10004. Submitted to Con- Report to be gress, 10011. Works, how constructed, 10030. Cºgo harbor lines, modification, Condemnation of lands, 9878. Payment for by individuals, 9881. *...* Mary’s Falls Ship Canal, Construction of aids to navigation in connection with bridges, 9969. Requisitions for payments on ac- count of, 9969. Contracts, letting, 9883, 9884, 9888, 98.91a. . Control of floods of Mississippi and Sacramento Rivers, 10030%a–10030% c. Dam owners, compensation on revo- ºn of rights, how determined, Dams, 9976-9992. lans for dams, ap- proved by, 9976. Remº, failure to obey orders, Request for, 9.980. Sluices for water power develop- ment, 9992. - For storage reservoirs, etc., charg— eS against, 9976. Conditions, Débris fund expended by California Débris Commission under direction | of, 10027. w Deposit of refuse, permission, condi- tions, 99.18. Detail of army engineers to Missis- sippi River Commission, 9997. Detail of officer of Engineer Corps of Army as secretary of Mississippi River Commission, 10000. Diversion of water from St. Mary’s River for water power, consent to, 9989. - Regulations for, 9.989. Dredger, acceptance from State of California, for use of California Dé- bris Commission, 10030. Dredging plants, hiring, 9891. Dredgings, etc., regulations for dump- ing, 9926 Excavations, etc., plans for authorized by, 99.10. . s Expenditures of International Water- ways Commission, 9.984. Fishways, construction, payment for, 9892. Floating of timber, regulations, 9927– 9930 Gauging of Mississippi river during operation of reservoirs at headwa- ters, 9893. Grounded vessels, destruction, 9925. Harbor lines, District of Columbia, approval, 3366. Established for dumping 9914. • . Establishment, 9912. débris, SECRETARY OF WAR (Cont'd) Rivers and harbors (Cont'd) - - Improvements, carrying on by con- tract or otherwise, 9885, 9886. Contributions for, receiving and returning excess, 9879. Donations of land for, 9.878. Estimates for, 6699. Printing of reports on advisabili- ty of, 9866. Purchases of lands for, 9878. Reports of, 9871. e Delivery to public printer, 9873. Sale of property acquired for, 9882. Temporary permits for occupation or use of, 9919. Transfer of property employed on, Lake Washington to Puget Sound Canal, duties respecting, 9904. Mississippi River Commission, head- quarters designated by, 10003. Rºº. transmission to Congress, Submission of plans for immediate Works, transmission to Congress, 99.99. Mississippi River, control of floods, 10030%a, 10030% c. Experimental freight transporta- tion, 9.902a. Improvement appropriations, how disposed of, 10002, 10002c. Reports of to be delivered to public printer, 98.73. South Pass, maintenance with ut- most proficiency, 9897. Navigation, regulations, 9931. Termination of contract for maintenance, assumption of maintenance warrants, 9896. Wººnts " for expenditures, Warrants for maintenance of, restriction on amount, 9896. Southwest Pass, navigation, regu- lations, 9931. Water gauges at places named, etc., on Mississippi river and tributaries, 9856. Warrants to be drawn for ex- penses, 9857. Navigation of Ambrose Channel, New York, regulations, 9932. Navigation of south and southwest passes of Mississippi river, regula- tions, 9931. - Niagara River permits for diversion of waters from, 99.89b, 99.89 i. 99897, Appendix p. 1799. Obstructions, removal, 99.24, 9925. Removal from Mississippi river, Warrant for expense of, restric- tion on amount, 9895. Removal from Ohio River, warrant for expense of, restriction on amount, 9898. Pierhead and bulkhead Iines in Wil- mington Harbor, San Pedro, Cali- fornia, establishment, 9916. P. in Delaware Bay, public use of, 839a. Plans of city of New York for ob- struction of river, etc., within city limits, approved by, 99.39, 9940. - Preliminary examinations and minor Surveys for removal of snags ap- proved by, 9869. Priva; improvements, control by, Plans approved by, 9903. Pºution of offenders, request for, 22. - Reservoirs at headwaters of the Mis- sissippi, regulations, 98.93. Rivers in Missouri that are to be treated as nonnavigable, 9847–9849. Sacramento River, control of floods, 10030%b, 10030% c. Settlements of claims from collision of vessels on river and harbor Work approved by, 98.99. . Supervisor of New York Harbor to act under direction of, 9938. Surveys, etc., of projects of Minneso- ta, North Dakota and South Dako- ta for improvement of navigation and flood control, 9908a. Transcript of district attorney’s re- port on prosecutions to be transmit- ted to, 9922. GENERAL INT) EX [Page 2326] [References are to sections, except where otherwise indicated.] SECRETARY OF WAR (Cont'd) Rivers and harbors (Cont'd) Warrant for expenses of delegates of International Commission of Con- gresses of Navigation, drawn by, 33. Water power leases, Barren River, Ey., 9.987. Cumberland River, 9988. Green, River, Ky., 9.987. Muskingum River, Ohio, 9986. St. Mary’s Fiver, 9989. Wabash River at Mount Carmel, Illinois, 9990. Wharves, extension beyond harbor lines, permission of, 9912. Extension in Newport Harbor, California, regulations, 9916a, Extension in Wilmington Harbor, San Pedro, California, regula- tions, 9916. Plans for authorized by, 99.10. Porto Rico, authorization of con- struction, 3799-3803. Roads, acceptance of donations of land for, 5289. Sacks for artillery cartridges, purchase of foreign materials for manufacture of, 6851. Salary, 36, 234. . School for cavalry and light artillery, Second Assistant Secretary, 312. Sequoia, Yosemite and General Grant Parks, detail of troops for protection of, 5217. Settlement of claims of officers and en- listed men and members of nurse corps, 6403b. Sick diet in hospital, 2177. Signal Corps, board, appointment, 1904. Direction of Chief Signal Officer, 1867. Philippine Islands and Alaska, 1862. Signal service, designation of officer to disburse appropriations for, 6752. Disbursements under appropriations for, 6751. Extra duty pay, 2161. Returns of property, 1970, 1970a. Smithsonian Institution, member of, 10563. Soldiers’ Home, erection of building or purchase of grounds for approved by, 9234. Regulations for approved by, 9214. Report of Board of Commissioners of Soldiers’ Home transmitted to Con- gress by, 9216, 9236. |Resolution for withdrawal of funds of Soldiers’ Home approved by, 9222. Soldiers’ savings deposits, 21.94, 2195. Steward or housekeeper of Executive Mansion, bond of approved by, 231. Subsistence Department, purchase and is- sue of supplies for army, 1795. Subsistence for army orders for sale of Cattle of Indians not to interfere with orders relating to troops. 4120. Purchase and transportation, 321. Succession to office of President, 219, 220. Supplies for army, control of contracts for, 6842. Direction of manner of fixing name of contractor to, 6883. Purchase and transportation, 321. Regulations for purchases without ad- vertisement, 6853. Reports to of purchases of exceeding $100 for approval, 6853. Supreme Court reports for, 1203. Telegraphers, certificates of service for, 1943. Temporary absence, by chief clerk, 315. Third Assistant Secretary, 312. Training camps, pay of persons attend- ing, 3071c. Regulations, 3071b-3071c. Transportation of troops, etc., control of, honorable signature to papers Transportation systems, control and pos- session in time of war, 1974a. Transport service, for officers of Revenue- Cutter Service, etc., 1977. Rights and regulations for passenger transportation, 1976. Unauthorized absence from army, 19tions, 2104a. - United States canals, reconstruction of, regul- SECRETARY OF WAR (Cont'd) United States canals (Cont'd) Regulations for use of, 9861. Enforcement, 9862. Wººnts. to be drawn for expenses, Veterinary corps, boards of examiners, appointment by, 1724a. Volunteer army, organization, 2026g, .2042, 44. Promotion, 1912. Volunteer officers; transfer of, 2026d. Wººnts drawn by, how countersigned, Washington aqueduct, expenditure of ap- propriations directed by, 3313. Wharfage at West Point, New York, dues, 2280a. - Works of defense, contracts for, 6860. Yellowstone Park, detail of troops for protection of, 5190. SECRETARY TO PRESIDENT Appointment, 227. Salary, 228. SECRETHNG See CO7 ced lºve??t. SECRET SERVICE See Detectives ; Inspectors. Accounts, examination of by Auditor, 420. Expenses of intercourse with foreign nations, how settled, 457. Volunteer forces, 2026c. SECTARHAN SCHOOL No appropriations for Indians to be made for, 4165, 4165a. SECURITIES See Cow?vterfeitãºg. - Corporations, powers of Capital Issues Committee, 31.15%m. Counterfeiting, power of Congress to pun- ish (Const. art. 1, § 8, cl. 6). Defined, 311.5%pp. For deposits of proceeds of sales of Unit- ed States bonds, 6829m. Distinctive paper for, United States se- curities, contracts, 6553a. Federal controlled transportation sys- tems for maturing obligations, 31.15% g. Forging, counterfeiting, etc., securities of United States, 10317–10348. Transfer of custody of, to Treasurer, 4075. SECURITY See Bonds. Additional security, persons charged with disbursements, etc., of money on account of Indian affairs, 4019. * Contractor for construction of forts, etc., Costs and fees, affidavit in lieu, 1626–1630. Costs in prize cases, 8415. - Delivery of money by court officers, 10267. Depositories of public money in Cuba, .g.” Rico, and Philippine Islands, 6580, Federal reserve notes, collateral security required, 9799(2). Peace and good behavior, power to hold to, 1247 SEDITION See Insºrrection. Army, punishment, 2308a, arts. 66, 67. Carrying seditious messages to excite In- dians, penalty, 4096. Conspiracy, 10169. Mails, use for purposes of, 10401d. Navy, punishment, 2969(8). ſ)ffenses enumerated, 102.12c. Provisions of espionage act applicable, 10212CC. Punishment, 10212c. Seditious conspiracy, President, 1676. f Punishment, 10170. k Seditious or disloyal acts, utterances, or statements, 10212c. - Sending seditious messages to excite In- dians, penalties, 4095. SEDUCTION Discharge in bankruptcy, Fine, disposal of, 10454. Passenger on vessel, punishment, 10453. Evidence required, 10454. SEED ROOM Agricultural Department, assistant super- intendent, salary, 793 Suiperintendent, salary, 793. SEEDS Adulterated, importation prohibited, 8744. Adulteration, 8741, 8745. proclamation of 96.01. SEEDS (Cont'd) Agricultural Department franks for mail- ing, 6994 Purchase and distribution by, 788. Transmitted free, 7380. Conservation, etc., 31.15%a-31.15%rr. Customs duties, 5291ſ212). Fºnation of and reports on samples, Franks for mailing, 6994. Importation in bond for re-cleaning, 8744. Importation of grain adulterated or unfit for seeding, prohibited, 8744. Penalty, 8747. Importation, transportation, etc., 8752–8764. Postage, rates, 7326. Pºd packets for mailing, contracts for, a. Purchase and distribution, Agricultural Department, 788 Secretary of Agriculture, 818, 820. Purchase for national forest without ad- vertisement, 6834a. Quarantine Act, 8752-8764. Rye grass Act August 24, 1912, extended to, 8747a. Tests for adulterations, 8741. Unfit for seeding, 8746, 8747b. Vetch, Act August 24, 1912, extended to, 8747a. SEIGNIORAGE Coinage of silver dollars, deposit in treas— ury, 6476. SEIZURES - See Searches atta, Seizures. SELECTIVE DRAFT Additional number, 2044a. Age limits, 2044b. 2044b, Appendix p. 1756. Classes, calling members for immediate service, 2044m. Classification, new registrants, 2044n. Credits for payments for rents in en- forcement of law, 2044r, Appendix p. District boards, 2044d. Exemptions, 2044d. Employés under conservation act not exempt, 31.15%d, 31.15% nin. Employés under migratory bird treaty #, not exempt, 8837i, Appendix p. Employés under vocational rehabili- tation act not exempt, 30.78%i, Ap- pendix p. 1770. Grouping of units, 2044g. 2044g, Appendix p. 1756. Increase of drafted army, 2044 u, Appen- dix p. 1757. Local boards, 2044d. Number, 2044a. Penalty envelopes, use of for correspond- ence relating to, 2044f. Persons subject to 2044b. 2044b, Appendix p. 1756. Persons subject to, 2044b, Appendix p. quarantine, 1756. Physical disqualification, limited service, 2044t, Appendix p. 1757. Provisions of Act May 5, 1917, c. 15, ap- plicable, 2044q. Quotas from states, etc., 2044b. 2044b, Appendix p. 1756. Method of determining, 2044s, Appen- dix p. 1757. Registration and draft of certain aliens, - tºptions, 2044%(b), Appendix p. 7. Liability to military service, 2044%(b), Appendix p. 1757. Persons subject to, 2044% (a), 2044% (c), Appendix p. 1757. Selective draft law applicable, 2044% (a), Appendix p. 1757. Treaty provisions, 2044% (a), Appen- dix p. 1757 Registration, duty to register, 2044e, Exemptions, 20440. Failure or refusal, punishment, 2044e. *..., registration, etc., punishment, 2044f. Liability of registrants to Service, 2044.p. Persons becoming 21 since June 5, 1917, 2044n. Persons subject to, 2044e, 20440. Proclamations of President, 2044e. Temporary absentees, 2044e. Services of departments and Officers of |United States, states, etc., authority to require, 2044f. GENERAL INDEX SELECTIVE DRAFT (Cont'd) Services of departments and officers of United States (Cont'd) Failure or neglect to perform requir- ed duties, punishment, 2044f. Making false registration, etc., ishment, 2044f. Termination of services under, 2044l. Voluntary enlistments, 2044g. SEMTNOTLE INDILANS Heirship of deceased members, nation, 4234a, Appendix p. 1776. Lands, partition, laws 4234b, Appendix p. 1776. pun- determi- Laws relating to allotments in severalty |. not to apply to, 4206. Records of, access to, by Secretary of In- terior, 4126. Trading with, provision as to licenses not to apply to, 4130. SENATE See Congress ; Congressional Record ; Folding Room ; Hawaii : Library of Congress. - Accounts, Auditor’s examination, 420. Property, by officers, 105. Adjournment, limitations upon (Const. art. 1, § 5, cl. 4). - Power of less than quorum (Const. art. 1, § 5, cl. 1). Appropriations for contingent expenses, restriction on use of, 6780. Binding, bills and resolutions, 7.155. Eulogies of deceased members, 7086. Government printing office to do all binding, etc., 7159. For members, style, 7181. 4. Public printer’s report of books, bound for, 6973. Chaplº, books from library of congress, Salary, 58. Payable monthly, 79. Chief clerk, oaths, authority to adminis- ter, 28. Clerks, committees, compensation, 71. Repeal of resolutions relating to pay- Iment for service of, 109a. Senators elect, appointment, 74. Compensation, 74. - Term of office, 74. Committees, accounts, direction of sale of waste-paper and condemned furni- ture, 116. Appropriations, preparation of state- ment of appropriations, 89. Clerks, compensation, 71. Commerce, request for river and har- bor improvement report, 9868. Requests for reports concerning river and harbor projects, 9863. Contingent expenses of Senate, con- tracts and bonds for purchase of stationery and materials for fold- ing, filed with, 107. Manner of payment from contin- gent fund, 109. Expenses, vouchers of chairman for, 108. Finance, information to be furnished to by United States Tariff Commis- Sion, 5326d. Naval affairs, chairman ex officio, member of board of visitors of naval academy, 2756a. Reports, use by Court of Claims, 1155. Composition (Const. art. 1, § 3, cl. 1); (Const. am. 17). Comptroller of currency, reasons for re- | moval of to be communicated to, 496. Congressional investigation, 155–160. Consent to appointments, additional as- sistant Attorney General, 518. Air craft board, 3115*/a2b. Ambassadors (Const. art. 2, § 2, cl. 2). Army officers dismissed, 2000. Assayers, 6531. - At New York, 6526. Assistant Attorneys General, 517-519. Assistant Commissioner of General Land Office, 691. Assistant Commissioner of Patents, 736. Assistant Director of Census, 915. Assistant Post-Masters-General, 568. Assistant Register of Treasury, 487. Assistant Secretary of Agriculture, 790, 790a. Assistant Secretary of Interior, 666. Assistant Secretary of Navy, 611. Assistant Secretary of State, 288. Assistant Secretary of War, 312. Assistant Solicitor of Treasury, 521. e applicable to, IPage 23271 SENATE (Cont'd) . Consent to appointments (Cont'd) Assistant treasurers, 475, 6584. Attorney General of Porto Rico, 3803e. Auditors of treasury, 416. Board of Ordnance and Fortification, 3112. Bºº of visitors of naval observatory, Brevets, 1925, 1929. - Brigadier general on retired list to major general on retired list, 2068a. Brigadier generals, Army Medical De- Fºment, 1806b, Appendix p. 7. - Mºe Corps, 2901b, Appendix p. 767. California Débris Commission, . 10004. Capital Issues Committee, 31.15%kk. Chaplains, army, 1868, 1868a, 1874. Navy, 2540 Chief of Bureau of Insular Affairs of | War Department, 346. C; of bureaus in navy department, 628 Chief of Children’s Bureau, 965. Chief of Coast Artillery, 1728. Chief of naval operations, 62.1a. Chief of quartermasters corps, 1779. Chief of record and pension office of War Department, 336. Chief of staff corps or departments, appointment to vacancies, 1905. Ch; of telegraph and cipher bureau, 64. Chief of Weather Bureau, 842. Chief warrant officers of Navy, 2554ala, Appendix p. 1763. Cº.; of United States court for China, 7692. Coast and Geodetic Survey, field Of- ficers, 8562b. Collectors of internal revenue, 5846. Colonels in Marine Corps, 2901b, Ap- pendix p. 1767. cºmmissioner-General of Immigration, Commissioners, Education, 766. Education, Porto Rico, 3803e. Fish and Fisheries, 901. General land office, 690. Immigration, 4271. Indian affairs, 714. Internal Revenue, 490. Interstate Commerce, 8575, 8596. Labor Statistics, 947. Mediation and Conciliation and assistant, 8676(1, 2). Navigation, 895. Patents, 736. Pensions, 727. To publish second edition of Re- vised Statutes, 1527. cºission on Industrial Relations, . Comptroller of Currency, 496. Comptroller of Treasury, 401. Consuls (Const. art. 2, § 2, cl. 2). Counselor for State Department, 297. 297, Appendix p. 1737. Dental Surgeons in navy, 25.11a. Deputy commissioners, Internal Reve- nue, 493 Pensions, 729. Directors, Bureau of Mines, 783. Bureau of Standards, 926. Census, 911. Geological Survey, 770. Mint, 507. War Finance Corporation, 31.15%b. District attorney, 1346. Colorado, 1343. Iowa, 1351. Kentucky, 1354. Louisiana, western district, 1356. Panama Canal Zone, 10044. Pennsylvania, 1361. Porto Rico, 3803dq. Texas, southern district, 1365. United States court for China, 7692. Washington, 1370. West Virginia, 1372. District judge, Colorado, 1343. Georgia southern district, 968c., New Jersey, additional judge for district of, 968g. Panama Canal Zone, 10044. Pennsylvania, 1361. Eastern district, 968a. Porto Rico, 3803dq. Examiner of Claims for State Depart- ment, 521. - . . . [References are to sections, except where otherwise indicated.] SENATE (Cont'd) - Consent to appointments (Cont'd) Examiners-in-chief of patents, 736. Explosives inspectors, 31.15%g. Federal Board for Vocational Train- ing, 939014cc. - Federal Farm Loan Board, 9835b (2). Vacancies, 9835b (6). Federal Reserve Board, 9793(1). Vacandies in office, 97.93(4). Federal Trade Commissioners, 8836a. General appraisers, 5593. - Gºor general of Philippines, 3814, 8. Governors, Panama Canal, 10040. Porto Rico, 3803ddd. Virgin Islands, 3924%a. Indian agent, 3991. Indian inspectors, 3984. - Inspectors of locomotive boilers, 8632. 8632, Appendix p. 1794. Interstate Commerce Commissioners, 8575, 8596. - - Judge advocate general of navy, 612. Judges, Court of Claims, 1127. Court of Customs Appeals, 1179. sºme Court (Const. art. 2, § 2, C1. 21. United States court for China, 7692. Justices of supreme court of Porto Rico, 3803g. Librarian of Congress, 129. Lieutenant colonels in Marine Corps, 2901b, Appendix p. 1767. Iºnants in quartermaster corps, Major generals, Army Medical Depart- ... ment, 1806b, Appendix p. 1747. Mºe Corps, 2901a, Appendix p. Marine Corps, commandant, 2915. Marshal, Colorado, 1343. Georgia, 1346. Iowa, 1351. Kentucky, 1354. Louisiana, western district, 1356. Panama Canal Zone, 10044. Pennsylvania, 1361. Porto Rico, 38034g. Texas, Southern district, 1364. U#1 .States court for China, Washington, 1370. West Virginia, 1372. Medical Corps, 2493. - Melter and refiner at New York, 6526. Melters, 6531. Ministers (Const. art. 2, § 2, cl. 2). Naval agents to disburse money at foreign stations, 28.12. Naval constructors, 2548. Navy Dental Corps, 2509, 25.11. Qfficers for duty in signal corps, 1867.j. Officers of mints, 6431. Officers of naval dental corps, 2511e, Appendix p. 1761. Officers of regular army, 1905a. Officers of United States (Const. art. 2, § 2, c1, 2). Pay corps, 2526. Paymasters, volunteer army, 2034. Porto Rico regiment of infantry, offi- cers, 1746, 1753a. Postmaster General, 567. Postmasters, 7190. Promotion of diplomatic officers, 3130a. Public health service officers serving With Isthmian Canal Commission, 1899e. Public printer, 6971. Person to fill vacancy in office of, Purchasing agent for Post-office De- partment, 579. - Recorder of general land office, 693. Register of Treasury, 485. Registers and receivers, 4469. Alaska, 45.17. - Regular army officers, 1908a. Appointed to national guard, 3047. Retired officers for command of squad- rons, 2654. marine, chief 8459%b (9). Revenue Commissioned officers, 8459%b(4). sºgna assistant Secretary of State, officers, Second lieutenants in marine Corps, . 903e. Secretary of Agriculture, 789. Secretary of Commerce, 853. Secretary of Labor, 932. GENERAL INDEX IPage 23281 [References are to sections. except where otherwise indicated.] SENATE (Cont'd) Consent to appointments (Cont'd) Secretary to president to sign land patents, 695. - Signal corps officers, 1867g. sºor for Department of State, 521, Soficitor-General, 516. sºtor Qf Department of Commerce, Solicitor of Internal Revenue, 521. Solicitor of Treasury, 521. Staff officers of volunteer army, 2026e. Superintendent of, assay office at New York, 6526. Five Civilized Tribes, 3990a. Library building and grounds, 134. Supervising Inspector-General Of steam-vessels, 8155. Supervising inspectors of steam ves- Sels, 8157, Appendix p. 1791. Supervisors of census, 4393. sºme Court justices of Philippines, Surgeon-general of Public Health Service, 9131. sºns of Public Health Service, Surveyors general, 4435, 4437, 4438. Temporary additional officers in navy and marine corps, 2483g, 2483m. Temporary appointments of general officers in army, 2044h. Third assistant secretary of state, 289. Transfer to active list of naval offi- cers transferred to retired list, 2637a. Treasurer of United States, 472. United States Shipping Board, 8146b. United States Tariff Commission, 5326a. * Veterinary corps, 1724a. Vice-governor of Philippines, .3817e, Volunteer army officers, 2026d, 2026e, 2026g, 2026h. Volunteer army, staff officers, 2026e. Volunteer officers, 2026d, 2026h. - Consent to international conference for regulation of immigration, 4289% nn. Consent to promotions, coast guard of- ficers, 8459*/2a (2*/s, 2*/16), AppendiX p. 1792. Contingent expenses, disbursements for, 80. Contingent fund, monuments to deceased members, 55. Payment of additional salary or com- pensation to officer or employer from prohibited, 109. Payments from for expenses of com- mittees, 108. Report of expenditures from, 84, 85. Court of Claims, reference of claims to, 142. - Document room, copies of bills and reso- lutions to be distributed to, 7025. Creation of, 7037. Distribution to of public and private laws, postal conventions and treat- ies, 7029. Superintendence by Secretary of Sen- ate, 7038. Superintendent, appointment, 7037. Documents and reports allotment, 7058– 7104. Allotment. Congressional Record, 7090. Official Gazette, 7093. Official Register. 7092. Apportionment of, 7046. Bills and resolutions, number and dis- tribution, 7025. To be printed when, 7025. Comprehensive index of documents, 7041. Custody of documents, 7039. Designation of libraries to receive. 7046, 7049. Geological Survey reports, *, 7149, 7150. Military academy, 2256. Official Gazette of patent office, etc., Designation of person to receive Offi- cial Register, 7092. Distribution, 7022. Coast and Geodetic survey charts upon order of Senators, 7146. Cº. of bills and resolutions, 7025. Documents previously stored at Capitol. 7042. Maps and atlases to members, 780. Envelopes for congressional record furnished to members, 6992. Extracts from Congressional Rec- ord, printing upon, 6993. SENATE (Cont'd) Documents and reports allotment (Cont'd) Eulogies of deceased members, num- ber of copies, distribution, 7086. Extra copies, ordering, etc., of, 7033. Extracts from Congressional Record, Franks, extracts from Congressional Record, printing upon, 6993. Jºnals, number and distribution, 7031. Manual, number of copies, 7087. Reports by Department of Agriculture on Agričultural Experiment Stations and co-operative agricultural exten- sion work, 8897a. Reports, documents to be distributed from folding rooms, 7050. On private bills, 7022. Reservation of unstitched documents and reports for, 7022. Discontinued, 7023. Retiring members, right to documents, 7051. Sale of stationery and blank books to Congressmen, 7180. For State Department, 7024. Stationery, blank books, etc., to be furnished by public printer, 7180. Statutes at Large, allotment of copies, 7072. Door-keeper, duties, 106. Fuel to be supplied by, 106. Limit of compensation, 60. Salary, 58, Election by people, 14a. & Employés, limit of compensation, 62. Report of by secretary of senate, 85. Sub-letting duties, prohibited; 63. Expenditures, disbursements for by secre- tary of senate, 80. Furniture, 3373. Reports of, 87. Federal Trade Commission, anti-trust act investigations, request for, 8836f(4d). Financial clerk to deduct sums due for printing from congressmen’s Salaries, 5 84, Folding-room, purchase of stationery and materials for, 107. Fuel, supply of by door-keeper, 106. journal (Const. art. 1, § 5, cl. 3). Copies for library of congress, 147. Documents, etc., copies for library of congress, 146. Entries (Const. art. 1, § 7, cl. 2). Executive journals, fees for tran- scripts of, 97. Extracts as evidence, 1508. Fees for transcripts of, 97. Legislative power vested in (Const. art. Library, binding of books for to a cer- tain amount, 7160. Committee reports deposited in, 7156. Distribution, department publications to, 7031. Documents and reports to, 7022. Publication not bearing COngreS- sional number, 7031. Documents allotted to, 7042. Congressional Record, 7090. Official Register, 7092. Members, allotment of farmers' bulletins to, 828. Allowance for, newspapers, 45. Postage, 46. Board of Visitors, military academy, 2252. - Military academy, compensation, - 2251, 2252. T) uties, 2250, 2252. Naval academy, 2756a. Books from library of congress, 138. Classification (Const. art. 1, § 3, cl. 2). Compelling attendance (Const. art. 1, § 5, cl. 1). Consulting trustees of National Train- ing School for Boys, 94.12. Court of Claims, not to practice in, Election, contributions for purpose of influencing, 188–198. By people, 14a. Qualification of electors (Const. a.m. 17). - Time, place and manner (Const. art. 1, § 4, cl. 1). t Eligibility for other offices (Const. art. 1, § 6, cl. 2). - Expulsion (Const. art. 1, § 5, cl. 2). SENATE (Cont'd) Members (Cont'd) - Federal Reserve Board member or of— ficer of Federal reserve bank, dis- qualification, 9788 (5). How chosen (Const. art. 1, § 3, cl. 1). Joint committee on printing to have three members from, 6953. Membership on national forest reser- Vation commission, 5177. ! Mileage, 35, 47. Certificate of, 49, 50. By president of senate, 35. Dying after commencement Congress, 53, 54. Monuments to deceased members, 55. Oaths, impeachment proceedings (Const. art. 1, § 3, cl. 6). Member of Senate to administer to Président of senate, 26. President of senate to administer to members, 25. Presiding officer of senate may ad- minister to members, witnesses, etc., 27. TO spºt Constitution (Const. art. Of 6, cl. Portraits Of, 513–5.13a. Presidential electors, ineligibility (Const. art. 2, § 1, cl. 2). Privilege from arrest (Const. art. 1, § 6, cl. 1). Punishment for disorderly behavior (Const., art. 1, § 5, cl. 2). Qualifications (Const. art. 1, § 3, cl. 2); (Const. art. 1, § 6, cl. 2). Recommendation by, service, 3282. Salaries, 36; (Const. art. 1, § 6, cl. 1). Certificate of, 49, 50. Deductions, absences, 42. classified civil Books, 44. ..Withdrawal from seat, 43. Dying after commencement of Congress, 53, 54. Lieu of all allowances except trav- eling, 47. Members appointed or elected to fill vacancies, 56, 57. Mode of payment, 48. Mºthly payment to senators elect, Senators elect, clerks, 74. Smithsonian Institution, three mem- bers of, to be regents of, to be se– lected by President of Senate, 10566, 10567. Speeches, etc., immunity from ques- tioning (Const. art. 1, § 6, cl. 1). Term (Const. art. 1, § 3, cl. 1); (Const. a.m. 17). Term of service as trustees or direc- tors of corporations to which Con- gress makes appropriations, 6670. Vacancies, how filled (Const. art. 1, § 3, cl. 2); (Const. a.m. 17). Pay' of members appointed elected to fill, 56, 57. Votes (Const. am. 17). onenºribery, accepting bribes, 10280, Or Contracts, interest in, 10284. Making official contract with, 10285, 10286. Political contributions, making to pro- hibited, 10291. Soliciting prohibited, 10288, , Punishment, 10292. Receiving pay in matters affecting United States, 10283. Officers, actions against, appearance by district attorney, 117. Actions against, conduct of, supervi- Sion by Attorney General, 117. Execution, withholding, 117. Judgment, payment, 117. Removal of causes, 117. Choice (Const. art. J, $ 3, cl. 5). Limit of compensation, 62. Oaths, administration by, presiding - officer, 27. Administration by secretary or chief clerk of senate, 28. Removal of causes against, 1015. Penalty envelopes for answers to be in- gººd in official communications to, tº e Place of meeting change of by President of United States, 33 - Porto Rico, 38037-3803pp. Postmaster, accounts of property, 105. Salary, 58. * GENERAL INDEX [Page 2329I [References are to sections, except where otherwise indicated.] SENATE (Cont'd) e Powers, judge of elections, returns and qualifications of members (Const. art. 1, § 5, cl. 1). Members, disciplining (Const. art. 1, § 5, cl. 2) President of Senate, appointments, joint committee to determine disposition of useless papers in executive de- partments, 282, 283. * Appointments by, consulting trustees of National Training School for Boys, 94.12. tº Government directors of Columbia. Institution for Deaf, 9345. . . . Joint Committee on Printing, 6953a. . e Senators as regents of Smithson- ian Institution, 10567. - Certificates, of electoral votes trans- mitted to, 209, 210. Salary and miléage of Senators, 35, 49, 50. Delivery of certificates of electoral votes in absence of, 212. Oath, by whom administered, 26. Oaths administered by, Senators, Witnesses, 155. Report to, of amounts allowed claim- ants, 398. Salary, 37. Suspension of regulations for use of capitol grounds, 3403, 3404. Vice President to be (Const. art. 1, § 3, cl. 4) President pro tempore, choice (Const. art. || 1, § 3, cl. 5). Member of board of visitors of naval academy, 2756a. Presiding officer, administration of oaths, 27 . Impeachment of President, Chief Jus- tice to be (Const. art. 1, § 3, cl. 6). Printing, bills and resolutions, number and distribution, 7025. Bills and resolutions to be printed when, 7025. Comprehensive index of documents, 7041. . Envelopes and franks, extracts from ºgressional Record, printing upon, 6993. . Eulogies of deceased members, 7086. Extra copies, ordering of, 7033. Extracts from Congressional Record, 92 Government printing office to do all printing, binding, etc., 7159. Payment of cost of printing extracts from Congressional Record, 6995. Portraits, engraved plates delivered to heirs, etc., 5.13a. Impressions of furnished from, Bul- reau of Engraving and Printing, - Statutes at large, 7072. Public documents sent and received by, transmitted free, 7378. Quorum, choosing vice president (Const. art. 2, § 1); (am. 12). Majority to constitute (Const. art. 1, - § 5, cl. 1). Recess, temporary appointments (Const. art. 2, § 2, cl. 3). Resolutions, repeal, 109a. Revenue bills, amendments by (Const. art. 1, § 7, cl. 1). Rºº, establishment (Const. art. 1, § 5,. Cl. 2). Secretary, accounts, 6617. º Accounts of, binding for Senators to be kept by, 7181. Disbursements from fund, 80. Property, 105. - Administration of oaths, 28. Balances of Senate’s account certified to, 420. Bond, amount, 81. Approval, 81. Conditions of, 81. Custody of, 3288. By comptroller of treasury, 83. Books from library of Congress, 139. Committee reports to be filed, indexed and bound, 7156. - Copies of bills and resolutions to be distributed to, 7025. Deduction from salaries of senators for absence, 42. Direction of duties of door-keepers, contingent SENATE (Cont'd) Secretary (Cont'd) Dºursement from contingent fund, Disbursing officer, 80. - Document room under control of, 7038. Documents allotted to, Congressional Record, 7030, 7090 Documents previously stored at Capitol, 7042. • Official Register, 7092. Public documents and 7022. Federal Reporter, etc., for, 1206. reports, Invoice of public documents stored at Capitol, 7042. Journals, fees for transcripts of, 97. Library of military academy, docu- ments to, 2256. Lists, nominations to officers, 3255. To be prepared and filed for Offi- cial Register, 7092. Oaths, authority to administer, 28. Public documents sent and received by transmitted free, 7378. Reports and statements, appropria- tions, contents, 89, 90. Appropriations, preparation and publication, 88. Employés, 84, 85. Expenditures, 87, 96. From contingent fund, 84, 85. Offices created, preparation and publication, 88. Receipts and expenditures, 96. Salaries increased, preparation and publication, 88. Sale of waste-paper and condemn- ed furniture, 116. Subordinate disbursing officers, 86. War Finance Corporation, 31.15%k. Reprinting of bills or resolutions, etc., power to order, 6956. - Requisitions, compensation of mem- bers and officers, 80. - Disbursements for contingent ex- penses, 80. |Upon public printer for binding for Senate library, 7160. sºnery, blank books, etc., by, T180. Reservation of unstitched documents and reports for discontinued, 7023. Salary, 58. Sales, condemned furniture, 116. Waste-paper, 116. Stationery, advertisement, etc., for, Contracts for separate parts, 94. Supplies, preference of American manufacturers in purchase of, 95. Supreme Court reports for, 1203. Vouchers for committee expenses fur- nished to, 108. Sergeant at arms, 7037, 7042, 7050, 7092. Accounts of property, 105. Appointments by, assistants to Super- intendent of folding room, 7050. Superintendent of document room, 7037. Superintendent of folding room, 70.50 Capitol police appointed by, 3406, 3407. Directed by, 3414. - Suspension, approved by, 3409. Uniforms, prescribed by, 3411. Disposition of documents previously stored at Capitol, 7042. . Documents allotted to, Congressional &ecord, 7090. Election, 58. Invoice of public documents stored at Capitol, 7042. Limit of compensation, 60. Monuments to deceased members, 55. Official, register to be received by, 7092. Preserving peace in Capitol, 3393. Reports, sale of waste-paper and Con- demned furniture, 116. Salary, 58. Sales, condemned furniture, 116. Waste-paper, 116. t sºons, law library to be open during, 144. States not to be deprived of equal Suffrage in without consent (Const. art. 5). Stationery, advertisement, etc., 91-94. Contracts for separate parts, 94. Stationery room, sale of Stationery, etc., to Congressmen, 7180. Subordinate disbursing officers, reports to secretary of Senate, 86. SENATE (Cont'd) Supplies, American goods preferred in purchase of, 95. - Transfer of army officers from retired to active list, consent of, 2073a. Ventilating and heating, 3378. Vice President, election (Const. art. 2, § 1); (am. 12). Votes, each senator entitled to one (Const. art. 1, § 3, cl. 1). Entry in journal (Const. art. 1, § 5, Cl. 3); (Const. art. 1, § 7, cl. 2). Vice President to have none unless tºy divided (Const. art. 1, § 3, Cl. 4). º Witnesses, oaths, by whom administered, SENECA NATION LaWS relating to allotments in severalty not to apply to, 4206. SENIOR, CAPTAINS Coast Guard, 8459%a (2). SENTENCES Consular Courts in certain foreign coun- tries, 7637. 2308a, art. 41 et Courts-martial, Seq. . Army, effect of omitting “hard la- bor,” 2308a, art. 37. Suspension by delivery to civil authorities, 2308a, art. e Suspension of dishonorable dis- Charge, 2308a, art. 52. 2308a, art. 52, Appendix. p. 1760. army, Suspension of forfeitures or con- finement, 2308a, art. 53. - x 2308a, art. 52, Appendix p. 1760. Navy, 2998–3001. Approval, 3022. Confirmation, 3023. How determined, 3019. Rºsion and mitigation, 3024, Summary court-martial, 2998-3001. Approval, 3022a. Deck courts, 2990. Disciplinary Barracks, offenders, remis- sion, 2458a (7). Limit on, of persons summarily tried for offenses against navigation laws, 8050. SEQUESTRATION Corporate property in prosecution for con- tempt, 1245b. - Removal of causes, 1018. SEQUOIA NATIONAL PARK Control, 5208. Detail of troops for protection of, 5217. Donations of patented lands or rights of way, 5208a. Establishment, 5207. Fish and game, protection, 5208. Leases for building purposes, 5208. Mineral deposits, 5208. Rºs of way for electrical plants, etc., Hoads and paths, 5208. Rules and regulations, 5208. Timber, mineral deposits, etc., 5208. SERGEANT BRUGLER Cavalry, 1718. Engineer corps, 1842a. Pay, 2144a. - 2144a, Appendix p. 1759. SERGEANTS See Band Sergeants ; Color Sergeants : Hospital Sergeants ; Master Hospital Sergeants : Mess Sergeant Radio Sergeants ; 'Stable Sergeant : Supply Serged 77t. Ordnance-Sergeants, see Ordºvance. Army, detailed with national guard, 3074a. Pay, 2144, 2147. Aviation section, 1867c. Band sergeants at military academy, 2270, Appendix p. 1759. . Battalion.supply sergeant, Engineer Corps, pay, 2144a. 2144a, Appendix p. 1759. Cavalry regiment, 1718. ... Coast Artillery at military academy, 2275c., Appendix p. 1760. Coast artillery company, 1732. Corps of Engineers, 1842, 1842a. 1842a, Appendix p. 1748. Electrician-sergeants, coast artillery, 1731, 1731a, 1732. Field artillery, 1737, 2144, 2144a, Engineer detachment at military academy, 2274. Field artillery, 17362, GENERAL INDEX. SERGEANTS (Cont'd) Infantry company, 1738, 1738a. Marine Corps, 2908, 2910–2913, 2918. Increase in number, 29.18a–2918C. Medical department, 1829a. 1829a, Appendix p. 1747. - Discharge upon own application, 1829a. 1829a, Appendix p. 1747. Pay, 2144a. 2144a, Appendix p. 1759. Promotion, limitation, 1829a. 1829a, Appendix p. 1747. Re-enlistment at previous grade, 1829a. 1829a, Appendix p. 1747. Ordnance Department, 1848. Ordnance-sergeants, 1851-1853. Pay, 2144, 2144a. 2144a, Appendix p. 1759. Quartermaster Corps, 1780. Number, 1784, 1788b. Pay and allowances, 1788b. Quartermasters’ Department, 1787, 1788. Recruit depots, 2012. Signal Corps, 1860, 1862, 1865. Pay, 2144. |United States disciplinary guard, extra duty pay, 2161a. SERGEANTS-AT-ARMS - Howse of Representatives, see House of Representatives. - Servate, see Senate. - Territorial legislative assemblies, 3451. SERGEANTS-MAJOR barracks See Regimental Sergeant. Major ; Squadron Sergeant-Major. Battalion sergeant-major, disciplinary barracks, 2458a.(4). Field artillery, head quarters compa- ny, 1736a. Cavalry, pay, 2149. Coast artillery corps, 1731, 1731a. Corps of Engineers, battalion, 1842, 1842a. Infantry, 1738, 1738a. Pay, 2151. Marine Corps, 2908, 2911, 2913, 2918. Increase in number, 2918C. Military academy, rank, pay and allow- ances, 2271a. Pay, 2144. SERUMS See Health. Domestic animals, 8785. Prevention and cure of diseases of man, 8778–8784. - SERVANTS See Employés. Army officers, quarters for, 2119. Enlisted men in army not to be used as, 2004. Foreign public ministers, process penalty for suing out, 7612 Process against, register of names of, 7613. Void, 7611. When allowed, 7613. SERVICE Process, see Process. SERVICE PENSION ACTS See Pe?". SiO70s. Text of act, 8964–8966, 8968–8972. SERVICE SCHOOL See Military Schools. SESSION LAWS See Statutes at LO/rge. against, SESSIONS See Terms of Courts. SET-OFF Bankruptcy proceedings, 9652. Carriers’ liability for injuries to em- ployés, 8661. Credit extended to bankrupt after pref- erence, 9644. Judgments, Court of Claims, Iment, 1137. * º Jurisdiction of Court of Claims, 1136(2). Salaries of Officers, arrearage due United States, 3239. Salaries to debtors of United States, pro- Vision not to apply to pensions, 9049. SETTLEMENT - See Coºm promise, SETTLERS See Pre-emption. SEVEN CRIMES ACT See India??)s. Text of act, 10502. enforce- [Referenc IPage 2330I '' es are to Sections, except where otherwise indicated.] SHANGHAI . sºns. United States court for China, Vice-consul, judicial authority of vice- consul general transferred to, 7696, 7696a. SHANGHATING Pºins seamen by force, fraud, etc., SHAREHOLDERS - See National Banks ; Stockholders. SHARPSHOOTERS - Army pay, 2146. SHEATH-EKNIVES Carrying on shipboard prohibited, 8389. SHEEP | See Animals and Animal Industry. Inspection, transportation, etc., 8681-8715. SHEET IRON Standard gauge, 8903–8905. SHELLS - Purchase of, for navy, 6868. SHERIFFS See Hawaii. Marshals to have powers of, etc., 1312. SHERMAN ACT See Miºts. - Purchase of Silver, 6474-6477, 9754. SHERMAN ANTI-TRUST ACT See Mo??opolies. Trusts, 8820–8823, 8827-8830. SHIP - Defined, 3115*/16a. - Purchase of in time of War or national emergency, 3115*/16a–3115*/16d. - SHIP BROEKERS Special excise tax, nonpayment a misde- meanor, fine, 5980j. - Records, statements and returns, b980k. - Who regarded as, 5980d. SHIPBUILLING ACT See Registry of Vessels. Text of act, 7710-7713. SHIP KEEPERS Naval militia, detail of officers and en- listed men, 3078a (13). SHIP-ILETTERS Accounts to show expenditures for, 7598. Estimates, 6709. Pay for carrying, 7470. Rates of postage on, 7367. SHIPMENT OF SEAMEN See Merchant Sea??ve?v. Consular Officers, penalty for neglect of duty, by, 31.94. Discharge, 8338–8342. º Fees of shipping commissioners, 8379. Offenses and punishment, 8380-8392. Protection and relief, 8343-8376. Shipment, 8298–8314. Shipping articles, 8392. Shipping commissioners, 8287-8297. Fees, 8377-8379. Schedules C, D, 8392. SHIPPING See Embargo. Federal control of transportation tems, 1974a. - SHIPPING ACTS Text of act, 3176, 5472, 5494, 5653, 5669, 5670, 7469, 7707, 7730, 7757, 7759, 7803, 7812, 7829, 7953, , 7967, 7968, 7978, 8027, 8028, 8126, 8137–8139, 8173, 3. 8292, 8293, 8296, 8300, 8301, 8323, 8330, 8331, 8334, 8350, 8362, 8363, 8367, 8369, 8371-8374, 8382, 10136, 10464. Act of 1916, 8146a–8146 r(8), Appendix p. 1789. sys- 5516, 5563, 7734, 7956- 7 95 9 7 8221, 8309, | SHIPPING-ARTICLES Merchant seamen, 8300-83.12. Allotment of WageS, 8323. Certificate as to disposal of wages and effects of deceased Seamen, 8328. Certified copy to be carried on vessel, Coasting—trade, 8311, 83.12. Entry by consular officer on discharge of seamen on offense, 8382. Form, 8392. Penalty for breach by seamen, 8313. Pºy for Shipping without, 8304, Posting copy, 8310. - Production in suit for wages, 8336. 8096, | SHIPPING-ARTICLES (Cont'd) Merchant seamen (Cont'd) Rules for making, etc., 8302, 8303. Shipping seamen, fee for, 8138. Shipping seamen in foreign ports, 8307-8309. - Signing alien with intent to violate immigration laws, 4289%qq. sºlations for allotment of Wages, Stipulations releasing right to partial gºment of Wages at ports Void, Terms, 8300. Navy, 2591, 2594. - To contain substance of provisions of law as to disposition of enlisted men upore expiration of enlistment, 2594. SHIPPING BILL - See United States Shipping Board. Text of act, 8146a–81461. SHIPPING BOARD See United States Shipping Board Emergency Fleet Corporation. SHIPPING-COMMISSIONERS Accounts, 8287. - Appointment, 8287. Bond, 8288. Clerks, 8287, 8294. Compensation, 8138, 8.141, Coastwise trade, etc., 8291-8293. Compensation, 8287. Clerks, 8138, 8.141, 8287. Consignee of vessel acting as, 8290. Consular officer acting in foreign port, 8307. Customs officer to act, 8289. Deputies, 8294. Clerks acting as, 8294. Duties, 8297. - Account on discharge of seamen, 8339. Application to consular officer in case of shipment of seamen in foreign port, 8307. Apprenticeship, 8298-8299. Approval of allotments of seamen's Wages, 8323. Discharge of Seamen, character, 8342. º Rules for settlement of wages on dis- charge of seamen, 8341. Seamen to be discharged before, 8338- 8342. Wages and effects of deceased Seamen payment and delivery to commis- sioner, 8328, 8331, 8332. Wages and effects of seamen forfeited by desertion, payment to court, 8385. payment, certificate of Witness to shipping-articles, 8302. Evidence, instruments as, 8295 Expenditures, 8287. Fees, 8138, 8140, 8141, 8287, 8292, 8377-8379. Compensation in lieu of, 8141. Payment from treasury in lieu of, 8138. Report of, 8138. Schedules, C, D, 8392. Unlawful, penalty for taking, 8379. Limit of compensation, 8378. Master of vessel acting as, 8290. Discharging seamen, 8340. Merchant seamen, duties, arbiter, 8343, 8344. Duties, examination of provisions, 8354–8355. Examination of witnesses and pro- g duction of evidence as to Sea- men’s claims, 8344. Oath, 8288. Offices and rooms, 8296. Owner of vessel acting as, 8290. Panama. Canal Zone, powers, 100511. Penalty for unlawfully acting, 8290. Removal, 8287. Seal, 8295. Certified copy of release of seamen’s claim for wages, 8341. Supervision of, 8287. Transferred to Department of Commerce, 857, 859 SHIPPING COMMISSIONERS ACTS See Merchaſn't Sea/men. Text of act, 4357, 8036–8038, 8.287–8291, 8294– 8300, 8302–8308, 8310, 8311, 8314-8320, 8324, 8327-8334, 8338–8344, 8354-8361, 8377-8388, 8390, 8392 - SHIPPING FEES Table of, schedules C, D, 8392. GENERAL INDEX [Page 23311 [References are to sections, except where otherwise indicated.] SHIPS AND SHIPPING See Vessels. - SHIP'S COMPANY List of to be furnished before Clearance of vessel, 8364-8366. SHIP'S PAPERS Delivery to collector on entry and return clearance, 5487. - SHIPWRECK See Wrecks. . Investigation of shipwrecks by life-Sav- ing service, 8464. e * Powers of keepers of life saving stations, 8531. Reimbursement of lighthouse keepers, etc., for supplies furnished shipwreck- ed persons, 8449. - SHIPYARD Defined, 8146t. * - Sale, etc., in violation of shipping act, 8146 r(1), Appendix p. 1789. SHORTHAND REPORTERS See Stenographers. SHORT LINE RAILROADS Aiding in construction of, not violation of anti-trust laws, $835g. SHOWS See Horse Shows. Internal revenue tax on admissions to, 6309%a, 6309% c. Special excise tax, amount, 5980h. Liability to payment of one tax in each state, 5980h. Nonpayment a misdemeanor, fine, 5980j. - Records, statements and returns, 5980k. SHIRUBS Plant Quarantine Act, 8752-8764. Purchase and distribution of by Secre- tary of Agriculture, 820. SIAM Interpreter for consulate of Bangkok, Sal- ary, 3146. Judicial authority of ministers and con- suls of United States in, 7633-7665. Prisons and prisoners of United States in, expenses of, 7666, 7668, 7668a. SICR I,EAVE See Sickness. SICRNESS Appraiser of customs, form duties, 5396. Assistant treasurer or depositary, nation of clerk to act, 6602. Chief of bureau of construction and re- pair, assistant to act, 642a. Chief of bureau of yards and docks, a S- sistant to act, 642a. Contagious disease, removal of public of- fices, 9179-9182. Disbursing officer, etc., acting officer, 6614. Leave of absence to homestead settlers, 4554 - Merchant seamen, relief, 8334. Postal employés, termination of employ- ment in less than a year forbidden, 7244b. Public printer, chief clerk to act, 6991. Railway postal clerks, leave of absence, 7521. Rations stop for, 2884. Removal of offices because of, ported to Congress, 3256. Seamen, religf fund, penalties and forfei- tures, 8389. 8390. Sick diet in army hospitals, 2177. assistant to per- desig- in departments, cost re- SIDEWALKS e Regulation of, around public grounds 3358. º . SIERRA FOREST RESERVE Lands from Yosemite National Park in- cluded in, 5212, 5214. Laws applicable, 52.13, 52.15. Privileges, price,. 5214. - Rights of claimants and owners of lands included, 5213, 52.15. . Rights of way, etc., 5212, 5214. SIGNAL BOOKS Communication of, 102.12b. - Obtaining possession of, etc., 10212a. SIGNAL CORPS - See Aviation Section. Aircraft employés in District of Colum- bia, 1867ccc.cc, Appendix p. 1749. SIGNAL CORPS (Cont'd) § Alaska, 1862. Appropriations, aviation purposes, portionment, 1867ddź, 1749. - Disbursements, 6751, 6752. Chief of Staff to have supervision of, ap- Appendix p. Chief Signal Officer, duties, 1867. Rank, 1860. Civilian, duties transferred to Weather Bureau, 840. Collection of forwarding charges due con- necting companies for transmission of government radiograms or telegrams, 10078a. Composition, 1860, 1863. Contracts for supplies, reduction to writ- ing, etc., 6853a. Corporals, pay, 2144. Detail of officers as chief of telegraph and cipher bureau of Executive Office, 1864. Detail of Sergeants to national guard, 3074a. Engineers, pay, 2144. Enlisted force, 1860. Increased by aviation section, 1867b. Enlisted men, 1860, 1860a. May be mounted, 1866. Pay, 2144, 2144a. Estimates and appropriations, 6675. Estimates for support of, Exchange of typewriters and adding ma- chines, 1970b. Extra-duty pay, 2161. Increase of commissioned and enlisted strength, airships, purchase, man- ufacture, etc., 1867n. • Appropriation, 18670. Authority to make, 1867f. Aviation stations, etc., 1867n. Barracks, etc., 1867n. Buildings, vehicles, etc., 1867n. Clothing, etc., 1867n. Divisions, brigades, etc., headquar- ters and headquarters detach- ments for, 1867i. Organization into, 1867i. Enlisted men, chauffeur first class, grade created, 1867h. Chauffeur first class, pay and al- lowances, 1867h. Chauffeur, grade created, 1867h. Pay and allowances, 1867h. Pay of men in aviation Section, increase, 1867 l. Rating in aviation section, 18677. Voluntary enlistment or draft, 1867h. Exchange of equipment, 1867n. Expenses of officers, etc., 1867n. Guns, equipment, etc., ig67n. Officers, general officers, appointment, 67i. Pay, 1867m. Increase, 1867k. Rank, increase, 1867k. Rating of aviation officers, 1867k. Temporary appointments of offi- cers to vacancies in regular army, etc., from, 1867.j. Temporary officers, appointment, etc., 1867g. Vocational training, 1867n. Loan of scientific instruments to, 643. Mº and publication, sale of surplus, Mileage, officers traveling on aviation duty, 1867ccc, Appendix p. 1749. Officers traveling on aviation duty, foreign army officers, 1867cccc, Ap- pendix p. 1749. Officers, increased by aviation section, 1867b. Organization, 1860. +. Part of army, 1717, 1717a. Part of military establishment, 840. Pay, 2201. Extra-duty, 21.61. Payment by disbursing officers in set- tlement of transactions of, 6752a. Philippine Islands, 1862. Privates, 1860. Promotion. 1904, 1905. Quarters for officers and men, 2121. Re-enlistmant, 1891. Re-enlistment in time of hostilities, age limit, 1891. Bounties, 1891. SIGNAL CORPS (Cont'd) Reservation of government property for aviation purposes, 1867dddd, Ap- pendix p. 1749. '*'. . . # 8 º' Reservation of public lands for aviation purposes, 1867dddd, Appendix p. 1749. Returns of Signal Service property, 1970, 1970a. Sale of subsistence stores to officers and enlisted men, 1957. Service in aviation service, qualifica- tions, 1867p, Appendix p. 9. Supplies and equipment, proceeds of, 1957a. SIGNALING DEVICES Possession by alien enemies, 7615. SIGNALS Collision rules, see Collision. Block signal system on railroads, 8640. Bridges over navigable waters, 9964. Dams to maintain, 99.78. False or fraudulent radiograms, 10106. Motor boats, 8280. Pleasure yachts, 7807. Private, for vessels, registry, Radiograms, 10.103, 10.106. 4. Vessels engaged in laying submarine ca- bles, 10090. Weather signals on mail cars, etc., 847. SIGNAL STATIONS Obtaining information concerning, 10212a. SIGNING Approval of Secretary of Interior of trib- al deeds, etc., 725 Assistant Commissioner of General Land Office, letters, papers, and documents to be signed by, 691. . Contracts for mail transportation, 584a. Enrollments, licenses, permits, etc., of Vessels, 8081. Forging signature of judge, etc., 10300. Includes mark, 10511. Land ºtents, executive clerk to sign, President, 705. Laws of Porto Rico, 3803n. Letters in office of commissioner of In- dian affairs, 724. Official papers, etc., by Assistant Secre- tary of Interior, 667a. By chief_clerk in treasury depart- ment, 353. Pººler clerk to Secretary of War, a. SIGNS Internal revenue, 6.198. 7761. cigar manufacturers, Manufacturer of filled cheese, 6244. Pºrs of tobacco to affix and keep, Retail and wholesale dealers in filled Cheese to display, 6246. Manufacturer of adultérated or renovated butter to put up, 6234. SILEKS Customs duties on, 52910311-319). SILVER, See Mints. Certificates, cancellation notes on issue of, 6483. Denominations, 6454, 6456, 6484. One, two, and five dollar certifi- Cates, 6456. Exchange, 6456. Hawaiian, 3745, 3746. Imitating or printing advertisement thereon, 10347. Included in phrase “obligation or oth- fºcurity of the United States,” of Treasury Names of persons to be inscribed un- der portraits on, 6550. - Payment of customs, etc., with, 6454. Philippines, 3899. Redemption, 477. Reserve of national banks, 6566. Retirement, 6478a. Customs duties on, 52910149, 150, 167). Exportation from United States, 7678cc. Falsely stamping Silver or goods manu- factured therefrom, 8802-88.11. “Article of Imerchandise” defined, 8810. Articles transported into state subject to laws of state, 88.11. Forfeiture of silver or goods bearing false stamps, etc., 8804 Indicating fineness or quality prohib ited, 8805. - Jurisdiction of prosecutions, 8809. Penalties, 8803, 8809. GENERAL INDEX IPage 2332] [References are to sections, except where otherwise indicated.) SILVER (Cont'd) Falsely stamping silver or goods manu- factured therefrom (Cont'd). Prohibition of stamp indicating GOV- ernment certificate of fineness for quality, 8802. 3 - ?? Stamping articles “Sterling,” “Coin,” etc., 8807. Stamping plated articles, 8808. Standard of fineness for articles made of, 8807. Deviation from marked fineness, 8807. Sterling, coin, etc., 8807. Use of words, “Sterling” or “Coin” on articles prohibited, 8808. SILVER, COIN See Lawful Money : Legal Tender, MŽººtS. . SILVER PURCHASE ACTS See Miºts. Text of act, 6474-6478, 9754. SINGERS Alien immigrants, not excluded, 4289%b. SINGULAR NUMBER - Construction of words, 1, 31.15% co, 31.15%p, 342.1%r, 364340, 4289%tt, 9032tt. SINEKHNG FUND Additions to, 6812. Bonds of, to be canceled, 6811. Establishment, and coin from apart for, 6810(2). Interest of, to be used to purchase debt, 6810(2), 6814. Pacific railroads, investment, 10071. Permanent appropriation for, 6798, 6810 (2). Public debt, 6799(13). SIO UX CITY AND PACIFIC RAILROAD Accounts for Army transportation, etc., 10062, 10063. Accounts for Navy and Marine Corps transportation, 10063. SIOUX NATION - Laws relating to allotments in Severalty not to apply to strip of territory ad- joining, 4206. - SIRUPS Internal revenue tax on, amount, 616.1%a. duties Set Payment, vendee or lessee in Cer- tain cases, 6348b. Returns of manufacturers, etc., 6161%b. SISTERS Compensation to on death of employé of United States, 8932ee. SITES See Public Buildings and Grounds ; Reservoirs. SIXTEEN HOUR LAW See Hours of Labor. Railroads, 8677-8680. SKILLED LABOR. Aliens, 4289%b. SLATE Customs duties on, 5291ſ101). SLAUGHTER HOUSES See Meat Inspection. Meat inspection, 8681. Transportation of condemned carcasses, etc., penalty, 8715. SLAVES See Evidence ; tºo?". Abolition of slavery (Const. a.m. 13, § 1). Bringing kidnapped person into United States, etc., 10444. Bringing slaves into United States, 10421. Colored soldiers enrolled as slaves to je entitled to pensions, 9025. Confining or detaining slaves On board vessel, 10419. Congress, power over traffic (Const. art. 1, § 9, Cl. 1). Equipping vessels for slave trade, 10422. Forfeiture of Vessel and equipment, 10427. Penalty, 10428. Escape, surrender (Const. art. 4, § 2, Cl. 3). Fugitives, punishment Of persons in nav- all service for returning, 2978. Holding or returning persons to peonage, 10442. Hove; On coast with slaves on board, Indictment ; Informa- Vessels to be forfeited, 10431. Inºtions to masters of armed vessels, 10440. SLAVES (Cont'd) Jurisdiction of, district courts, 991(4). PCidnapping for slavery, 10441. Limitation of time for finding indict- ments, 1710. Obstructing enforcement of law, 10443. Pºnt for prohibited (Const. a.m. 14, Philippines, 3810. Porto Rico, 3803aa. Receiving or carrying away person to be sold or held as slave, 10426. Receiving persons on board to be sold as slaves, 10430. Seizing slaves on foreign shores, 10420. Seizure of vessels in slave trade, 10433. Apprehension of Officers and Crew, 10436 Disposal of persons found on seized vessels, 10435. Fº which captured vessel is sent, 438. Proceeds paid into treasury, 10434. Removal of persons delivered from vessel, 10437. When owners of foreign vessels shall give bond, 10439. Serving on vessels in slave trade, 10425. Suffrage, abridging because of race, Col- or, etc., prohibited (Const. am. 15, § 1). Transporting persons to be held as Slaves, 10423. Forfeiture of vessels transporting, 10429. SLAVE TRADE PROHIBITION ACT See Slaves. Text of act, 10424, 10431, 10433, 10434. SLAVIC LEGION Enlistment in, 2044%, Appendix p. 1758. Tºne and use of, 2044%, Appendix p. 1758. SLEEPING Sentinel sleeping on post, 2308a, art. 86. Watch in navy, punishment, 2965 (8). SLEEPING CARS Companies as “common carriers,” 8563. Free transportation of employés On, 8563. Internal revenue tax, 6309%a. SLOP CHESTS Merchant vessel, 8362. SMALLPOX Indians, hospitals for, 4125b. SMALL STORES FUND Consolidation with clothing fund, 6759. Creation, 6758. SMELTING-WORKS Bonded Warehouse, 5673. Imported lead ores, sampled at, 52910152). Imported zinc ores smelted at, 52910162). SMITHSONIAN INSTITUTION See Airchives. Accounts, auditor’s examination, 420. Acting secretary, 10569. Additional sums received to be by board of regents, 10583. Annual report of salaries of officers and employés, 10586. Appointment of representative on advi- sory committee for aeronautics, 3115i. Appropriation for, 6799 (49). Archives, etc., relating to Indians col- lected by Geographical and Geological Surveys, 10577. Board of regents of, 10566. Administration of national Zoological Park, 10588. Appointment, 10567. Appropriation for libraries, 10579. Books from library of Congress, 140. Duty of Secretary of, 10570. Election of officers, 10568. Executive committee, 10568. Expenses, 10568. Meetings, 10568, 10574. Organization, 10568. Power to dispose of accrued interest not hereby appropriated, 10584. Quorum, 10568. Secretary and assistants, tion, 10573. Removal, 10573. Term of office, 10567. Vacancies, 10567. Books from library of Congress, 139. Chancellor, appointment of acting Secre- tary, 10569. Selection, 10568. Coast and Geodetic Survey instruments transferred to, 10577a. Collections of Coast and Interior Surveys, išić deposited in National Museum, deposited COmpensa- SMITHSONIAN INSTITUTION (Cont'd) Congress may amend or repeal provisions relating to, 10587. - Disbursements, reports, 10585. Distribution of, reports of American His- torical Association, 7079. Specimens to colleges, etc., 10578. Documents allotted to, Congressional Rec- ord, 7090. Official Register, 7092. Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Exchange of, congressional record for for- eign parliamentary records, 7126. Typewriters, etc., 10585a. Incorporation of, 10565. Interest of fund of, etc., expenditures to be made from, 10582. Library, lºst with Library of Congress, Limit of expenditure for, 10579. Mail matter, 7330. Official, transmitted free, 7371. National Zoological Park, administration by regents of Smithsonian Institution, 10588. Heads of departments to aid in ac- quisition of collections, 10589. *::::: etc., for buildings and bridges, Reports of expenses, 10590. Officers, salaries, report of, 10586. - Protection of property of, laws extended to, 10581. Reception, arrangement, etc., of objects of art, natural history, geological speci- ments, etc., for, 10575. Report of director of National Museum to Congress, 10572. Reports, disbursements, 10585. Number of copies, distribution, 7081. Salaries of officers and employés, 10586. secretary, books from library of Congress, Secretary of board of regents, 10568. Selection, 10568. Statement of expenditures, 10571. Site of, evidence of appropriation of, 10580. Typewriters, etc., exchange, 10585a. Weights and measures, sets of standards for, 8900. SMOKING ODIUM See Opium. SMOKING TOBACCO See Tobacco. SMUGGH, ING Compensation to officers or other detect- ing, 5798. Defined, 5798. Police powers of masters of lighthouse tenders, 8458. Punishment, 5548. Concealment of dutiable articles in baggage, 5499. Seaman punishable for, 8380. SNAGS Removal from waterways, Mississippi River, 9895. Ohio River, 9898. SNIPE Protection, 8837. SNUFF See Tobacco. Customs duties on, 52910184). 6174a, 6174b. Additional tax on, snuff in excess of Internal revenue tax, additional tax, certain weight removed from fac- tory or custom house and held for sale, 6174b. \ Amount, 6174. Bonded Warehouses, Collector to make monthly accounts of articles in, 6341. Imported tobacco, etc., to be taken to for the purpose of affixing stamps, etc., 6.186. Withdrawal, clippings, etc., for exportation without payment of tax, 6.192. For manufacturing, 61.86. Bonds, exportation without payment of tax, 61.92. Exportation without payment of tax, transportation bond in lieu Of export bond, G 93. Dealers, who are, 6176. Drawbacks, exportation of stamped goods, penalties for fraud, 61.96. Tax paid on tobacco on exportation, 9869. GENERAL INDEX SNUFF (Cont'd) Internal revenue tax (Cont'd) Estimated tax on snuff sold without stamps, notice of assessment, 6.180. Exportation, drawback on stamped goods, 6195. Transportation bond in lieu of ex- port bond, 6.193. - Without payment of tax 6192. Fines, failure to destroy stamp portion - of empty packages, 6.185. Removing in packages not stamped or selling unlawful, etc., 6.183. Sale in unstamped packages, 6170. Forfeited, etc., not to be sold for less than tax, but may be destroyed, 61.78. Forfeitures, peddler’s wagon, etc., for failure to exhibit certificate, etc., 6.190. - How put up, 6169, 6169a, 6174c. Impo'; pay tax like other tobacco, 6186 withdrawal from bond without payment of tax, 6186. Label and notice on packages of, 6171, 2. Lºy tickets in packages forbidden, 6204. Manufacturers, agents not to be deem- ed peddlers, 6187. Bond and certificate, 6163. Books, 6166. - Definition of, 6162. Fines, failure to keep books, make inventory or monthly ab- stracts, 6166. Failure to obtain bond, procure certificate, or post same, 6163. Failure to place label and no- tice on packages, 6171. Failure to put up signs, 6164. Fraud in manufacturing on shares, etc., 6179. Forfeitures, fraud in manufactur- ing on shares, etc., 6179. Materials, etc., unlawful re- Imoval or selling without Stamps or for making false entries, etc., 6181. Form of package, 6162. Inventory, 6166. Lºns notice on packages, 6171, 7 * Manufacture by one person for an– other or on shares, affixing stamps, 6179. Monthly abstract, 6166. Offenses, failure to keep books, make inventory or monthly abstracts, 6166. Failure to obtain bond, procure Certificate, or post same, 6163. Failure to place label and no- tice on packages, 6171. Failure to put up signs, 6164. Fraud by persons manufactur- ing Snuff on commission or shares, 6179. Removing otherwise than as authorized or selling with prepared stamps, 6181. Pººlers, agents not to be deemed, R;a of to be kept by collector, Registration, penalty, 6177. Sale by one manufacturer to an– other without payment of tax, 6169. Salesmen not to be deemed ped- dlers, 6187. - Signs to be put up by, 6164. Statement of business, 6163. Offenses, affixing false stamps or using stamps twice, 6184. Failure of peddler to exhibit cer- tificate, etc., 6.190. Failure to destroy stamp portion of empty packages, buying, selling, Or using same, 6.185. Fraudulently claiming drawback on manufactured tobacco, 6196. Manufacturers buying tobacco from, not paying tax as offense, 6173a. Peddling tobacco unlawfully, 6191. Placing lottery tickets or indecent or immoral pictures in tobacco packages, 6204. - Relading tobacco imported without payment of tax, 61.92. Removing snuff from manufactory without stamps, selling unlawful, etc., 6183. [Page 2333] SNUFF (Cont'd) Internal revenue tax (Cont'd) Offenses (Cont'd) sººn unstamped packages, etc., Packages, how put up, 6169, 6169a, 6174c. S . Not to contain lottery tickets or indecent or immoral pictures, Payment, vendee or lessee in Cer- tain cases, 6348b. - Pedagº agents not to be deemed, Bond, 6.188. - Certificate of authority from col- lector to do business, 6.190. Failure to exhibit certificate as of— fense, fines, 6.190. Forfeitures, wagon, etc., for fail- ure to exhibit certificate, etc., 6.190. Notice of business, 6.188. Peddling unlawfully, 6191. Registration, penalties, 6177. sº to be affixed on Wagons, 6189. Statement to be furnished by, 6188. Who are as, 6187. Penalties for absence of stamps and other offenses, 6181-6185. Purchasing tobacco not branded Or marked, 6173. Permits, removal for exportation, 61.92. Removing, selling, etc., without stamps, penalty, 6181. slºt. prescribed packages, penalty, 6170. - Stamps, absence of as notice to all persons that tax has not been paid, 6182. Affixing false stamps or stamps twice used, 6184. - - T)rawback OIl exportation stamped goods, 6195. Estimated tax on Snuff sold with- ... out stamps, notice of a SSess- ment, 6180. - Failure to destroy stamp portion of empty packages, buying, Sell- ing, or using same, 6185. Form of, etc., change, 6342. Fraudulent use of, 6.185. Furnishing, 6178. Imported tobacco, 6186. - To be taken to bonded Ware- house for the purpose of af- fixing stamps, etc., 6.186. Manufactured on commission Or shares, by whom affixed, 6179. Payment of tax by, 61.78. Penalty for purchasing without, 6173. Preparation, 6178. Prescribed packages, 6170. . Printing on hand roller presses from engraved plates, 6344. Reissuance when lost or destroyed, 6097. Removal of packages without be- ing stamped, etc., 6183 Sale, 61.78. Snuff sold under distraint, etc., 8 Of Tobacco manufactured by one per- son for another or on Shares, how affixed, 6179. Taxes on extended to production any- where in United States, 6350. * Transportation in bond, 6.193. Wholesale dealers, agents not to be deemed peddlers, 6187. SOAP Customs duties on, 5291066). SOCIETIES … “Person” includes, 31.15%bb. SODA Customs duties on, 5291067). SOFT DRINKS Internal revenue tax on, amount, 6161%a. Payment, vendee or lessee in cer- tain cases, 6348b. Returns Of manufacturers, etc., 616.1%b. - SOILS Bureau in Agricultural Department, 795. Examination and classification by agri- cultural experiment stations, 8880. [References are to sections, except where otherwise indicated.] SOLDIERS See Army, Articles of War; Bounty Lands ; Discharge ; Enlistment ; Hoºvesteads ; Military Bounty Laºná Warrants : Pay of Army, Pensions ; Soldiers’ and Sailors’ Civil Relief; Soldiers’ Home : Trusses. Arrest and confinement, 2308a, arts. 69-73. Artificial limbs to be furnished to dis- abled Seamen in the War of the Re- bellion, 9120. - Bounty lands, 4826-4859. Clothing of, sent by mail, postage, 7365. Colored soldiers, bounty claims, deter- mination of relation of wife and children, 3973. Collection and payment of bounty, prize money, etc., due colored, 3967. Payment of claims for bounties, etc., 3969-3971. - Condemned and obsolete ordnance for Soldiers’ monuments, 3102, 3103. Deceased soldiers, effects, 2308a, art. 112. Deposit of soldiers’ savings, 2193–2195. Detailed to national guard, 3074. Employment at training camps for civil- ians, 3071b. . - Estimates for purchase of trusses for sol- diers, 6701. Homestead, see Homesteads. Letters, free transmission, 7385a. Payment of postage on delivery, 7353. Offenses, enticing desertion, 10206. Right of suffrage not affected, 10190. Sale of, liquors to Indians, 4138. Public property, 10199. Outfits of, sale, etc., prohibited, 6941. Mining claims, 46.20a, 4620b. Payment of claims without deduction of attorney’s fees, 453. Pensions, 8935–9127. Preferences, honorably discharged, ap- pointment as superintendent of An- fººm battle field, 9368, Appendix p. 1798. - Honorably discharged appointment in census office, 914. In making reduction of forces in Ex- ecutive Department, Quartering in houses, (Const. am. 3). - ...' - Record of sick or wounded soldiers of vol- unteer forces in service of United States, 342. SOLDIERS" AND SAILORS’ CIVIL RE- LIEE restrictions, Applications to courts, 3078%aaa.. ... Attachments against persons in military service, stay or vacation of, 3078%d. Stay or vacation of, length of Stay, 30.78%dd. º * * * * Attorneys to represent persons in mili- tary service, appointment, 3078%bb. Powers, 30.78%bb. - Certificates of military service, effect, 3078%r. - By whom signed, 3078%r. Citation of act, 3078%.SS. Co-defendants in actions against per- sons in military service, proceedings against, 3078%dd. Contracts, fines or penalties for nonper- formance not to accrue, 3078%CC. Purchase of real or personal proper- ty, relief in actions to rescind or recover, 3078%f. Rescission, 30.78%f. Resumption of possession for non- payment of installments, 3078%f. Violations of section, punishment, 3078%f. - - Relief against fines or penalties for nonperformance, 3078%.co. Stay of actions on, 3078%CC. Default judgments against persons military service, affidavits, 3078%bb. Bonds to indemnify defendants, 30.78%bb. False affidavits, punishment, 3078%bb. Opening, 3078%bb. Orders for, 3078%bb. Definitions, 3078%.a.a. - e - e. Garnishment against persons in military service, stay or vačation of, 3078%d. Stay or vacation of, length of Stay, 3078%dd. Insurance, 3078%g-3078%p. Account stated between insurers and United States, 3078% nn. Amount, 3078%h. - Application for benefits of article re- lating to, 3078%gg. - in GENERAL INDEX [Page 2334] [References are to sections, except where otherwise indicated.] SOLDIERS’ AND SAILORS’ CIVIL RE- LIEF (Cont'd) Insurance (Cont'd) Bonds of United States for insurers for difference between amount of premiums paid and defaulted, 3078%ll, 3078%m. Companies or associations to which article applicable, 3078%p. Consent of United States to dividends or loans on policies, etc., 30.78%m. Deduction of unpaid premiums from proceeds of policies on death of in- sured, 30.78%mm. Definitions, 30.78%g. Explanation of Article relating to by Bureau of War Risk Insurance, 3078%gg. Forms, 307834gg. Lien of United States on policies, 30.78%m. - Lists of persons entitled to benefits of article relating to, 30.78%i. Payment of balance due insurers, 3078140. Payment of past due premiums on termination of military service, 3078%m. Persons entitled to benefit of article relating to, 3078%h. Policies not to lapse for nonpayment || of premiums, long, 3078%jj. Policies to which applicable, 30.78%h. Policies to which article not appli- cable, 30.78% oo. Rejection of application for benefits of article relating to, 3078%i. Rejections on application of policy to bring total amount within $5,000 limit, 3078%j. Reports by insurance companies to Bureau of War Risk Insurance, 307844}<: Verification of difference between total amount of premiums defaulted and payed, 3078%l. Interlocutory orders of courts, tion, etc., 3078%rr. Judgments against persons in military Service, stay of execution of, 307844d. Stay of execution of, length of stay, 3078%dd. Limitation of actions, exclusion of period of military service, 307844e. Mortgages, trust deeds, etc., actions to enforce, stay, etc., 307844ff. Sales under power of sale or judg- ment entered on warrants of attor- ney to confess judgment, 3078%ff. Presumption as to continuance in mili- tary Service of persons reported miss- ing, .. 30.78%r. Public lands, 3078%q. Purpose of act, 30.78%a. Rents due from persons in military serv- ice, allotment of pay to discharge of, 3078% ee. Eviction prohibited, 30.78% ee. Eviction, punishment for, 3078% ee. Stay of proceedings for, 3078% ee. Stay of actions by or against persons in military service, 307834c. Length of stay, 30.78%dd. Sureties, guarantors, indorsers, etc., pro- tected, 30.78%b. When and for how TeVOCa,- rights to, not forfeited, Taxes and assessments, application of _ article relating to, 30.78%pp. Interest on unpaid taxes, etc., 3078%pp. Property not to be sold for, when, 3078%pp. - Redemption from sales, 30.78%pp. Territory to which act applies, 3078%aaa. Time of termination of act relating to, 3078.14s. Transfers, etc., to take advantage of act, effect, 3078%qq. SOH, DIERS’ AND SAILORS’ STEAD ACTS See Homesteads. Text of act, 4952-4594, 4602, 4603, 4605. SOLDIERS’ AND SAILORS’ ORPHANS! HOMES Obsolete ordnance to be issued to, 3095. Sale of ordnance property to, 3096. SOLDIERS’ HOME State soldiers’ homes, see States. Articles of War, to apply to inmates, 2308a, art. 2, 9230. * HOMIE- SOLDIERS’ BIOME (Cont'd) Board of commissioners, 9214–9216. Annual report, 9236. Authorized to receive donations for, Outdoor relief rendered to persons en- titled to admission, 9232. Bond of Treasurer, 9218. Borrowing money by prohibited, 9224. Condemned ordnance and stores to be is- sued to, 3101. Contracts for supplies, 9234. Deceased inmates’ effects, disposition of, 2308a, art. 112. Pºtions from pay of enlisted men, 215 Deposit of funds, 9222, 9223. Disabled volunteer soldiers, 9238-9291. Annual inspection, 9280. Appropriations, available immediate- ly, 9254. To continue available, 9253. Disposal of unexpended balances, 6807. & Estimates and accounts, 9257. Affles of War to apply to inmates, 92.79. Assistant general treasurer and in- spector general, 9249. Auditing of accounts, 9278. Board of managers, audit of accounts § annual report to Congress, 70. Control Battle Mountain Sanitari- um Reserve, 9285. Corporate powers of, 9238. Elected by Congress, 9239. Expenses of, 9242, 9243. Inspect State homes receiving na- tional aid, 9288. - Number, 9240. Qualifications, 9239. | Bond of depositors of funds, 9248. Condemnation for sites, 9252. Cººgess may alter laws relative to, 282. Disbursements, accounts and supplies of branch homes, 92.76. Donations received by, 9256. ' Employés, classification and compen- sation, 9243. Epidemic, removal of inmates in case of, 9269. Headquarters, 9238a. |Headstones, provided by board of managers, 9283 Insane persons hospital, 9304. Jurisdiction over certain branches transferred to States, 92.91. Officers, appointment and removal, 9245, 9246. Classification and 243 3-> admitted to insane compensation, Detailed to act in absence of treasurer or quartermaster, 9250. Election by board, 9241. Not to be interested in brewery, distillery, etc., 9272. Official matter transmitted free, 7372. Ordnance, etc., delivered to When Ob- Solete. 9289, 9290. Outdoor relief to inmates, when may be extended, 9269. Pensions of inmates, 9260, 9265, 9266. Payment, 91.10. Persons entitled to benefit of Nation- al Home, 9264a. President and secretary of board, compensation, 9243. Property of deceased inmates credit- ed to, 9268. Purchase of supplies and erection of new buildings, 9258. Receipts from sales of stores, etc., 92.59. Report of managers and inspectors of, printing, binding, number of copies, distribution, 7133. Sites for, purchased and buildings erected, 9251. Statement of expenditures, 9271, 9272. For book of estimates, 9274. Supervision of accounts, 9273, 9275. Supplies, 92.77. Treasurer, approval of bond of officer detailed as acting treasurer, 9250. Bond, 9247. Disbursements for branch homes accounted for, 9276. Vºteers entitled to benefit of, 9260, 9264a. SQLDIERS' HOME (Cont'd) Discharge of soldier admitted for disa- bility, 9229. - Documents allotted to, Congressional Record, 7090. Effects of deceased inmates, disposition of, 2308a, art. 112. Free transportation of inmates, 8563. Funds, for support of, how derived, 9220. Withdrawn only upon resolution of board of commissioners, 9222. Governor of, to be member of Board of Commissioners, 92.16. - Insane persons admitted to insane hos- pital, 9303. Inspection by inspector general, 9237. Medical supplies furnished by medical department, 9235. Officers, selected by President, 9218. To be taken from Army, 9217. Pay of soldier under suspended sentence for discharge, 2162a. Pensions of inmates, .9227, 9228. Half pay to wife, children, etc., of inmate, 9096. Payment to inmates directly, 9098. Permanent appropriations for, 6799 (33). Pºns are entitled to benefits of, 9213, 9. President of Board of Commissioners, re- port, 92.16. Rºed passenger rates to inmates of, Repayment of unclaimed moneys belong- ing to estates of deceased soldiers, 9220. Retired officers of army, assignment to duty, 2074. Sale of intoxicating liquors within mile of prohibited, 9233. - s: and buildings for, how selected, Soldiers excluded from, 9226. Uniform of inmates, 9231. SOLICATOR FOR DEPARTMENT OF AGRICULTURE; Performance of legal work of Department by, 824. SOLICITOR FOR DEPARTMENT OF LABOR. tº: Salary, 525. SOLICITOR EOR DEPARTMENT OF STATE Assistant solicitors, appointment, 294, 297. Salaries, 297. Attorney General to supervise, 522. Salary, 521, 523. Secretary to prescribe duties, 298. Supreme Court reports for, 1203. sºon FOR INTERFOR DEPART- ME Board of appeals, 672a. 672a, Appendix p. 1744. Title changed from assistant attorney general, 523a. SOLICITOR FOR POST-OFFICE DE- PARTMENT - Title changed from assistant attorney generalſ, 570a. SOLICITOR GENERAL See Attorney General ; Department of Justice. Appointment, 516. Argument of cases, 533. Assistant attorneys general to assist, 517. Attendance upon courts of any State may be required, 542. Attorney General’s duties to be perform- # by, in case of vacancy, absence, etc., Books from library of Congress, 139. Conduct of cases, 533. Duties of, 533. Federal Reporter and Digest for, 1206. Opinion, etc., of, in compromise cases , under internal revenue laws, 5952. Powers and duties, 516. Qualification, 516. Salary, 516. Supreme Court, reports for, 1203. Traveling expenses, when allowed, 545. SOLICITOR OF DEPARTMENT OF COMMERCE Appointment, 524. Salary, 524. e SOLICHTOR OF INTERNAL REVENUE Appointment, 52.1. Attorney General to supervise, 522. Salary, 521. SOLHCITOR OF TREASURY See Treasury Department. Accº of delinquent officers, certified O, o GENERAL INDEX º IT’age 2335] [References are to sections, except where otherwise SOLICITOR OF TREASURY (Cont'd) Accººt: (Cont'd) disbursing officers, certified to, 6632. Appointment, 521. • Appointments, agent to purchase lands sold under executions in favor of United States, 6376. Assistant, appointment, 521. Attorney General to supervise, Salary, 521. 526a, Appendix p. 1743. Attorney General to supervise, 522. Bonds, chief clerk of Department Of Agriculture, approval by, 815. Collectors of internal revenue, proval by, 5847. Delivered for suit, false report of, communicated to President, 551. Disbursing officers of census office ap- proved by, 913, 916. For duties delivered by Collectors to be charged to district attorneys, 522. ap- Register of copyrights, form approved by, 9571. \ . Secretary of Agriculture, approval by, 815 Books from library of Congress, 139. Chief clerk, salary, 526. 526a, Appendix p. 1743. Clerks of courts, instruction of, 555. 'Collection of Customs, regulations Con- Cerning, 553. Cºpromise of claims of United States, 375. Copies, of books, documents, etc., in Of- fice of, made evidence, 1495. Of decisions of Court of Claims trans- mitted to, 1134. Custody of, lands, etc., acquired by Unit- ed States in payment or in trust, etc., 6946. Pºiº property acquired for debts, 46. Records and papers and of seal, 548. Customs bonds, delivered for suit, duties with respect to, 549–555. Report of moneys collected on, 554. District attorneys, instruction of, 555. Reports by, to solicitor, 1299. t Docket clerk, 526a, Appendix p. 1743. Examination of reports of collectors of bonds delivered for suit, 550. False reports of bonds delivered for Suit, President to be informed of, 551. Federal Reporter and Digest for, 1206. Frauds, on revenue, detection by, 552. Instruction of district attorneys, mar- shals, and clerks, 555. Internal revenue, approval of bonds of collectors, 5847. Reports to of delinquencies of col- lectors of internal revenue in ren- dering accounts or collecting, 5941. Warrant of distress against delin- quent collector to be issued by, 5941. Contents of Warrant, 6625. Law clerk, salary, 526a, Appendix p. 1743. Marshals, instruction of, 555. tº National banks, supervision of certain suits respecting, 556. Prosecution of defaulting contractors and Sureties, 6964. Records, etc., to be in charge of, 548. Regulations for collectors of customs, dis- trict attorneys, and marshals, 553. Release of lands conveyed to United States, etc., on payment of debt, 6947. Public property from, attachment, du- ties in respect of, 6950. Report of collectors, etc., upon boſids delivered for Suit to be examined, 550. Report of moneys collected and Credits allowed, 554. Reports to, clerks of district courts of judgments and decrees, 1325. Collectors of bonds for duties deliv- ered for suit, 549–551. Defaulting contractors furnishing pa- per for public printing, 6964. Delinquencies of collectors of internal revenue in rendering accounts, 5941. District attorneys, marshals, and clerks, 555. As to suits, 1299. Returns by marshals of proceedings On executions, 1316. Revenue frauds, measures for discovery of, 552. & Salary, 521. 526a,’ Appendix p. 1743. SOLICITOR OF TREASURY (Cont'd) Sale or lease of unproductive lands, etc., acquired by United States in payment, etc., of debts, 6942. Seal, 548. Seizures and forfeitures under Customs laws reported to, 5786. Statements to, district attorneys, of Suits, etc., 1298, 1299. Suits against officers in arrears, 3239. Supervision of suits respecting national banks, When, 556. Supreme Court reports for, 1203. Temporary clerks, allowances for, 526. SOLICITORS See Attorneys ; Solicitor for Depart- ‘ment of State ; Solicitor General : Solicitor of Internal Revenue Solic- itor of Treasury : State Department. Fees, 1375, 1378. Officers prohibited to act as, 1250, 1251. SORGHUM SUGAR, Withdrawal of spirits from bond for purpose of making, 6069. SOUND SIGNALS On motor boats, 8280. SOUTH AMERICA Mail agents on steamers to, 7545. SCUTH AMERICAN REPUBLICS See American Republics. SOUTH (CAROLINA District attorneys, 1294, 1362a. District clerk, 1092, 1092a. Deputy, 1092. - District court terms, 1092, 1092a. District judges, eastern and western dis- tricts, 968, 968e. Jurisdiction of judge in pending civil - cases, 968f. Judicial districts, 1092. Marshals, 1362b. Of eastern district western, 1302. SOUTH DARKOTA Black Hills National Forest, homestead entries, 5166. Congressional consent to agreement with Minnesota, and North Dakota, regard- ing navigation and flood control, 9908a. Desert lands, sale, 4676. District attorney, 1358. District clerk, 1093. Deputy, 1093. District court terms, 1093. District judges, 1358. Homesteads, enlarged entry provisions extended to, 4568c. Indian lands, act relating to sale of lands allotted in severalty not applicable to, 4224. Reservations included in divisions of districts, 1093. Judicial districts, 1093, 1358. Jurisdiction of District Courts of Crimes on Indian reservations in, 1009, 10503. Marshals, 1358. Public lands, tion, 4877. Reclamation of arid lands by United States, 4700-4708. Survey of lands grarited to, 4876. Surveyor general, appointment, 4437. Salary, 4442. Timber, cutting for certain purposes on public lands, 4992. - On mineral lands, cutting for certain purposes, 4989. Wind Cave National Park, 5231-5236. Game preserve, 5275. SOUTHERN PACIFIC COMPANY Settlement of claims for transportation services, credit on notes, 10064. SOUTH PASS Mississippi river, see Mississippi River. SOUTH UTE INDIANS See Ute Indians. SOUTHWESTERN FRONTIER, Admission of tick-infested cattle from Mexico into parts of Texas, 8685. SOUTHWEST PASS * Mississippi river, see Mississippi River. Sover EIGN - Value of English, fixed, 6537. SPAIN Ambassador and secretary to, 31.17, 3122. Professor of Spanish at naval academy, 2752. to perform duty in preference right of selec- salaries, indicated.] SPAIN (Cont'd) Spanish pillar-dollar, etc., value, recoin- age, 6539, 6540. Vessels exempt from discriminating du- ties, when, etc., 7828. SPANISH AMERICAN WAR See Pensions. Homestead to soldiers and sailors, 4592. Officers and soldiers who served in, en- titled to benefits of National Home for Disabled Volunteer Soldiers, 9260, 9264a. Pelusions to soldiers, sailors, etc., widow excepted from provision relating to proof of marriage, 9096. Pensions to widows and children, 8985a, 8985b, Appendix p. 1796. SPEAKER OF HOUSE See House of Representatives. SPECIAL AGENTS See India?). Agents. Agricultural Department, advances to, 6649. Census, appointment, 4387, 4402. Authority, 4402, 4403. Collection of statistics, 4387, 4389. Compensation, 4402-4404. Employment, 4402. Oath, 4405. Offenses, false swearing, 4408. - Falsifying certificate return, 4408. Publishing or communicating in- formation, 4408. Refusal to perform duties, 4408. Children’s Bureau, 966. - T)irectors of census may procure informal- tion for tobacco statistics through, 4428a. Division of cotton and tobacco statistics, compensation, 913b. Indian affairs, power to administer oath, Suppression of liquor traffic, 4142. To have power of marshal and deputy, 4143. Interstate Commerce Commission may ºloy, power to administer oaths, etc., Labor Department, 933. Post Office, charge of divisions of rural free delivery service designated as division superintendents of rural free delivery service, 7295. China and Japan, 7546. Isthmus of Panama, etc., 7544. Mail steamers, 7545. Railway postal service, agents to su- perintend, 574, 575. - Rural free delivery service designated as rural agents, 7295. Treasury department, appointment as in- Spectors Of customs in foreign coun- try, 5709. Appointment by Secretary of Treas— ury, 5389. Detail of officer to, 365. Dºrsement of public money, 6603, 666. |Examinations by, depositories, 6653. National banks, expenses paid out of assets, 9825. On failure to redeem notes, Number and compensation, 5390. On public works, 6666. Regulations for, 5391. SPECIAL BAIL In suits for duties on pecuniary penalties, 1568. Taking by clerks, 1573. SPECHAL COUNSEL Appointment, 541. Commission of, 541. Compensation of, 540. Conduct of Cases committed to district at- torneys, 534. Employment, customs cases, 519. IDistrict attorneys, aid of, 538. Fees in civil suits, instituted for Post- Office Department, how paid, 459. Liabilities of, 541. Names and compensation to be reported to Congress, 563. Oath of, 541. Reports concerning 563. SPECIAL COURTS-MARTIAL See Courts-Martial. Appointment and eligibility, 2308a, art. 9. Composition, 2308a, arts. 4–7. Limit of punishment, 2308a, art. 13. Powers, 2308a, art. 12. by attorney general, GENERAL INDEX [Page 23361 [References are to sections, except where otherwise indicated.] SPECIAL DELIVERY Collection of deficient postage, 7284. False returns by postmasters, penalties, 7289. Hours of, 7288. Messengers, 7285, 7287, 7291. Privileges extended to all mailable mat- ter, 7287. Receipts, 7285. Regulation of service, 7288. Special Stamps, 7284. Contraces for manufacture by Depart- ment or Bureau not to be below cost of work, 7388. Manufacture by Bureau of Engraving and Printing, 7387. Stamps, use of ordinary instead of Special delivery stamp, 7293. SPECIAL IDELIVERY MESSENGERS Postal service, payment to legal repre- sentatives when killed on duty, 7246b. SPECIAL IDEMIUIRRIER, Defect or want of form, etc., 1591. SPECIAL DEPOSITS Delivery by national bank after failure to redeem notes allowed, 9815. SPECIAL ESTIMATES Restrictions on, 6672. SPECIAL EXAMINATION OF PEN- . SIONERS Who to make, 9103. SPECIAL JURY Bankruptcy proceedings, 9603. Marshal to return, 1258. SPECIAL LAWS Philippines, subject and title, 3810. SPECIAL LAWS PROHIBITION ACT See Territories. - - Territories, 3478, 3479, 3481-3483, 3486, 3487. SPECIAL SESSIONS AND TERMS District courts, 978. Michigan, 1073. New York, 1084. Trial of offenses against navigation laws, 8046. Supreme court, 1207. SPECIAL STATISTICS See Ce?" Sºls. SPECIAL TAXIES ON OCCUPATIONS See Internal Revenſue Sta7,149S. Internal revenue, 5955–5980. SPECIAL VERJDICTS See Verdicts. SPECIFICATIONS FOR PATENTS See Pate?vt.S. - SPECIFIC PERFORMANCE Indorsement of Order bill of lading issued by interstate carrier, 86040. SPEEDY TRIAL Accused, Philippines, 3810. Porto Rico, 3803a.a. President to direct attendance of mar- shals, etc., for purpose of, 3942. SPIES Army, punishment, 2308a, art. 82. Navy, punishment, 2966. SPIRITS See Distilled Spirits and Wines. SPIRITUOUS H.HQUORS See Distilled Spirits and Wines ; toa;icating Lig wors; Liquors. Dealers in, see Retail Dealers ; sale IDealers. SPONGES Employment of vessels of Revenue-Cut- ter Service and of Navy, 8869a. Enforcement of act, 8869a. Jurisdiction of prosecutions, 8869. Landing, delivery, cure, or offering for sale of sponges taken by diving from waters of Gulf of Mexico or Straits of Florida, 8866. Renalties, 8868. Possession as prima facie evidence of vi- olation of Clayton Act, 8867. Size, 8866. SPOONER, ACT See Pangma Canal. Isthmian Canal, 6826, 10031. SPRINGER, ACT See Territories. Text of act, 3478, 3479, 3487. I??- TWhole- 3483–3483, 3486, SPRINGS Desert lands, protection, 4684d-4684f. Hot Springs Reservation, injuries, alty, 5263. SPYING See Espion age. SQAUDRON Cavalry regiment, 1718. Commanding officer may order general courts-martial, 3006a. Detail of retired officers to command, 2654. Navy, commander, 2604. Engineers, commanders may be as- signed to duty as engineer, 2482a. Quartermasters to perform duties of of- ficers of Quartermaster Corps, 1779, 1782. Signal corps, 1867i. SQUADRON ADJUTANT Cavalry regiment, 1718. SQUADRON SERGEANT-MAJOR Cavalry regiment, 1718. Pay, 2149. Recruit depots, rank of enlisted men de- tailed for duty, 2010. STABLE SERGEANT Army pay, 2144, 2144a. Cavalry troop, 1718. Engineer corps, 1842a. Field artillery, 1736a. Infantry, 1738a. Pay, 2144a. 2144a, Appendix p. 1759. STAFF See Army Chief of Staff; Staff Corps ; Navy. Army, aids of brigadier generals, 1757. Aids of major generals, 1757. Appointments, details, and vacancies, 1905-1905b, 1906, 1908a. Brigade commander, volunteer army, 2026C. - Corps, chiefs of, rank pay and allow- ances, 2090b. Commander, volunteer army, 2026c. Division commander, volunteer army, 2026c. Volunteer forces, 2026e. Marine Corps, composition, 2906, 2907. Not eligible to appointment to grade of brigadier general, 2907d. Not to be recommissioned in the line with rank of colonel or lieutenant colonel, 2907e. Number, 29.11b. Permanent appointment not abolished, filling vacancies from, 2907h. Qualifications for reappointment to line, 2907f. * Reappointment to line, 2907a. To be counted as being of the rank of colonel, 2907c. Vacancies, 2911. Militia, pay, 3044 u. Navy, appointments to fill grades in staff corps, 2676. Communication with commanding offi- cer, 2664. Distribution of commissioned officers to, 2483C-2483e. Exemption from sea duty, 2608. Fleet navy reserve, members may be commissioned in lower grades, 2900 1% b ( Length 2681. Military command, 2682. Mode of determining authorized num- ber of officers, 2483f. Naval Academy graduates, promotion, pen- General of service, how estimated, 2679, 2738. Number of commissioners officers, 2483b. Officers with rank of rear admiral, pay, 2814a. Precedence, 2678-2681, 2683. Quarters, 2681. Rank and precedence, 2678-2682. Retired rank of staff officers, 2648. STATFF OFFICERS See Staff. STAIRWAYS On river steamers carrying passengers On main deck, penalties, 8254, 8256. 2647, STAMIPED ENVELOPES See Envelopes ; Postage. STAMPING Casks or packages of distilled spirits dumped for rectification or received from rectification, 6102a. Dairy products, 8716. False stamping of gold, silver, etc., 8802– 1. Gold and silver bars, 6463. Imported articles or packages, 5297, 5298. Meat inspection, 8681. Registered mail “fraudulent,” 7411. STAMIPS See Internal Revenue ; Postage ; Post- Offices ; and related topics. Cownterfeiting, see Counterfeiting. Internal revenue, see Aldwiterated Bwt- ter; Cigarettes ; Cigars ; Distilled Spirits and Wines ; Fermented Liq- wors; Filled Cheese ; Mia;ed Flow'r, Oleomargarine ; Opium ; Playing Cards ; Process Butter; Renovated Butter; Snºwff ; Tobacco : TWhite Phos- phonus Matches. Starmped envelopes, Postage. P'ees of consular officers, 3188. Imported cigars, 5500. Imported liquors, 5650–5652. Inspected meats, 8711. Salted pork or bacon for export, 8683. Specific subjects, 63.18a–6318h. Steam-vessels, boiler plates, 8193—8195. War-savings stamps, 6829l-6829n. STAMP TAXES See Irºterºd,l Reve?/M.e. STANDARD IBARREL ACTS See Weights and MedStºres. Text of act, 8733, 8734, 8736, 8737, 8907a- 8907e. STANDARDS See Flags ; Weights and Measures. STANDARD TIME Zones for, establishment of, 8907 r. Advancing and retarding Zone stand- ard, 8907t. Designation, 8907u. Zone standard time meant by time in statutes, etc., regulating Official acts, etc., 8907s. & STANDING MIUTE Arraignment on court-martial, 2308a, art. 21. Entry of plea for prisoner upon arraign- ment, 1698. STATE BANEKS See Banks and B dºnkers ; Federal Re- serve Banks : National Banks. Deposits of public money by postmasters, 7209. Examination, 9832. Federal reserve bank members, 9792(1-11). Internal revenue tax, on circulating notes, returns by state bank When con- verted into national bank, 6297. “National” in name of prohibited, 9835. Organization as national banking associa- tion, 9694. STATE BOARDS Bulletins of, as second class mail mat- ter, 73.09. STATE COURTS See States. STATE DEPARTMENT See Consular Officers ; Departments : Diplomatic Officers; . Foreign Rela- tions ; Secretary of State. Awditors for, see Alwditors. Eaca miner of claims for, see Solicitor for Department of State. Provisions relating to, 284-310. Aºunts. examination of by Auditor, 419, see Envelopes ; Assistant Solicitors, appointment, 294. Number, 294, 297. 297, Appendix p. 1737. Salary, 297. 297, Appendix p. 1737. Auditor for, 416–471. w Pº and resolutions to be furnished to, 7169. Branch printing office abolished, 6987a. Bureau of accounts, chief, appointment as disbursing clerk, 291. Chief, salary as disbursing clerk, 297 297, Appendix p. 1737. GENERAL INDEX [Page 2337] [References are to sections, except where otherwise STATE DEPARTMENT (Cont'd) Bureau of Foreign Commerce, transferred §m to Department of Commerce, 857, Bureau of information for Department of Commerce, 292. Chief, appointment, 292. Clerical assistants, 292. Salary, 292. Certificates of marriage by consular of. ficers filed in, 7632. Chief clerk, duties, 297. 297, Appendix p. 1737. Salary, 290, 297. 297, Appendix p. 1737. Chief of bureau of accounts, salary, 290. (Chief of bureau of indexes and archives, salary, 290. Chiefs of bureaus, number 297. 297, Appendix p. 1737. Salaries, 297, Appendix p. 1737. Chiefs of consular bureaus, number, 290. Salaries, 290. Chiefs of diplomatic bureaus, number, 290. Salaries, 290. Clerks, distribution of duties of, 298. Clerk to Secretary, salary, 297. 297, Appendix p. 1737. Commercial attachés, 854a. Contingent fund, statement of expendi- tures from, 307. Counselor for, appointment, 297. 297, Appendix p. 1737. Salary, 297 297, Appendix p. 1737. Diplomatic officer, assignment to duty in Without loss of grade, class or salary, 3130a. Director of Consular Service, salary, 297. 297, Appendix p. 1737. Disbursing clerk, 290. Appointment of Chief of Bureau of accounts as, 291. Salary, 297. Dºbution of congressional journals, Distribution to, of public and private º postal conventions and treaties, Divisions, European affairs, chief of, 297. 297, Appendix p. 1737. Far Eastern affairs, appropriations for expenses of, 293 Chief of, 297. 297, Appendix p. 1737. Latin American affairs, chief of, 297. 297, Appendix p. 1737. Near Eastern affairs, chief of, 297. 297, Appendix p. 1737. Doculºs allotted to, Official Register, Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Duplicates of evidence as to citizenship to be filed with, 3964. Employees, distribution of duties of, 298. Employments other than authorized, pro- hibited, 299. Establishment, 284. Examiner of claims for, 521-523. Designated solicitor for, 523. Fees for copies of records, 310. Foreign presents, decorations, etc., to of— ficers tendered through, 3269. Foreign trade and treaty relations, ap- propriations for expenses, 293. Estimates for future appropriations, Statement of expenditures, 293. Guano Islands, notice of discovery, 3917, Head of department, Secretary of State to be, 284. º, clerks, salaries, 297, Appendix p. Law clerk, to edit laws of Congress, ap- pointment, 295, 297. 297, Appendix p. 1737. Assistant, appointment, 295, 297. 297, Appendix p. 1737. Salary, 297. * 297, Appendix p. 1737. Salary, 295, 297. 297, Appendix p. 1737. Newspapers, expenditures for, 273. once; etc., distribution of duties of, Salaries, 297. 297, Appendix p. 1737. Officers # drafting work, appointment, 297, Appendix p. 1737. Number, 297. 297, Appendix p. 1737. COMP.ST.’18—147 STATE DEPARTMENT (Cont'd) Officers for drafting work (Cont'd) Salaries, 297. 297, Appendix p. 1737. Offices, bureaus, etc., transferred to De- pºſtment of Commerce by President, Pºort clerk, oaths and affidavits, fees, Passports to citizens of United States, 7623-7628. Presentation of evidence to overcome pre- Sumption of expatriation, 3959. Private secretary to Secretary, salary, 297. 297, Appendix p. 1737. Property of, custody and charge of by Secretary, 301. ‘Provisions applicable to all Executive De- partments, 232-283. Records, duplicates citizenship, 3964. Fees for copies of, 310. Names of persons qualified on exam- ination for appointment to lower grades of diplomatic service, 3130c.. Reports of efficiency of diplomatic of- ficers, 3130c. Registration of names of persons in serv- ice of foreign public ministers, 7613, 7614. sº custody and charge of by Secretary, of registration of Senate and House, documents and reports for, 7024. soliciº, duties prescribed by Secretary, Supreme Court reports for, 1203. Statistics of consular officers transferred §: Department of Commerce through, Subordinate officers, etc., 290–292. Translators, number, 297. 297, Appendix p. 1737. Salaries, 297. 297, Appendix p. 1737. STATE LAWS See States. STATES See Agricultural Colleges ; Agricultu- ral Ea:periment Stations ; Militia ; Police Powers ; Removal of Cawses. Regulations of traffic in glymoin oil, see Glyºvoim, Oil. Agº to statehood (Const. art. 4, § , CI. I.). - Agents of at immigrant stations, 960. Agreements with other states or foreign power, prohibition without consent of Congress (Const. art. 1, § 10, cl. 3). Agricultural colleges, 8870–8877. Aliens distribution by Division of Infor- mation, 960. Alſº, prohibition (Const. art. 1, § 10, C1. l). Appropriations, prerequisite to Federal ap- pºlation for Agricultural Colleges, 77C. Arrest of army deserters, 2308a, art. 106, and 2296, 2297. Bills of attainder, prohibition (Const. art. 1, § 10, cl. 1). Bills of credit, prohibition (Const. art. 1, § 10, cl. 1). Boards for vocational education, 9390%.c. Plans and reports to federal board, 93.90%dd. -> Boards of health to confer with Public Health Service, 9146. Bonds, etc., exemption from internal revenue tax, 6318b. - Powers of federal reserve banks, 97.97 (2b). s Bureau of Standards to render service for, 923. Census in, 4385. Records furnished to, 920. Citizens claiming lands under grants from different states, jurisdiction of district court, 991(1); (Const. art. 3, § 2, cl. 1). Citizens, privileges and immunities (Const. art. 4, § 2, cl. 1). Privileges and immunities, abridgment prohibited (Const. am. 14, § 1). Who are (Const. a.m. 14, § 1). Civil Service employees, apportionment among, 3272. Claims by, general welfare clause not to prejudice (Const. art. 4, § 3, cl. 2). Coining money, prohibition (Const. art. 1, § 10, cl. 1 Condemnation proceedings by United States in behalf of state, 9881c. Confederations, prohibition (Const. art. 1, § 10, cl. 1). Co-operative indicated.] STATES (Cont'd) Consolidation, restrictions on (Const. art. 4, § 3, cl. 1). Constabulary, prohibition of maintenance of troops other than militia, not to pre- Vent maintenance of constabulary, 30.44b. Co-operation of Secretary of Agriculture in conservation of food, etc., 31.15%bb. agreements with United States, construction of roads and trails in national forests, 5150a. Courts, amendment to pleadings to show tº sity Of citizenship of parties, C. - Authentication of proceedings under full faith and credit clause, 1519. Bail in Criminal cases removed from, by writ of error, 1681. Citation, etc., when writ of error is- Sues to, 1659. Clerks, copies of records on removal of cause, 1013. mºtions from United States courts, Judges, approval of bonds of officers at assay Offices, 6533. Arrest and bail of offenders against United States, 1674. l Pºitions de bene esse, taken by, Oaths of mint officers taken be- fore, 6437. Power to hold to security for peace and good behavior, 1247. Search warrants, 10496%a. Jurisdiction, bankruptcy, 9607. Bonds of deputy collectors of inter- nal revenue, 5849. Criminal prosecutions, 10500. Embezzlement by officers of common carriers, of property, moneys, etc., used in Inter- state Commerce, 8602a. Equal rights in inns, 3928. Larceny, etc., of goods in in- terstate commerce, 8603, 8604. Exclusive jurisdiction of courts of |United States, 1233. Importation of articles for Sale at less than foreign market value, damage suit, 8836m. Naturalization, 4351. Not impaired by criminal code, 10500. Postal offenses, 7192. Postal cases, 7192. Railroads, injuries to carriers’ em- ployés, 8662. Suits between citizens of a state and foreign states, citizens or subjects, 991(1); (Const. art. 3, § 2, c1. 1); (Const. am. 11). Precedence of Writs of error from Supreme Court, 1230. Printed copies of, acts of congress as evidence, 1525, 1526. Revisiº, Statutes as evidence in, 523. * Second edition, 1528. Records of, how proved, etc., 1519. Removal of causes, see Removal of Causes. r writº; error from Supreme Court, Manner of issue, etc., 1662. Department of Agriculture, periodical publications of, as second, class mail matter, 7310. Domestic violence, protection by United States (Const. art. 4, § 4). Due process of law, deprivation of life, liberty or property, without prohibited (Const. am. 14, § 1). Duties, imports or exports, prohibition geºspection cost (Const. art. 1, § 10, cl. 2). Employés, salaries, exempt from income tax except When paid by the United States, 6336d. Equal protection of the laws, denial pro- hibited, states (Const. am. 14, § 1). Equal rights of all persons in, 3925–3933. Exports, duties, etc., exceeding inspection º prohibited (Const. art. 1, § 10, Ci. Z). Ex post facto laws, prohibition (Const. art. 1, § 10, cl. 1). Extradition of fugitives from justice, 10126, 10127; (Const. art. 4, § 2, cl. 2). Formation, restrictions on (Const, art. 4, § 3, cl. 1). Immigration, not to impose discriminating charges on foreign immigrants, 4241. GENERAL INDEX [Page 2338] [References are to sections, except where otherwise STATES (Cont'd) Impairing obligation of contracts, prohibi- tion (Const. art. 1, § 10, cl. 1). Imports, duties, etc., exceeding inspection cost prohibited (Const. art. 1, § 10, cl. 2). Imposts, imports or exports, prohibited ye, nºvection costs (Const. art. 1, § 10, Cl. 2). Income tax, exemption of obligations, 3 g Not to impose loss or burden on, 6336k[b]. Income tax on corporations, inspection of Federal rates, 63.36n [b]. Indian lands, adjustment at treaty held with Indians under authority of the TJnited States, 4100. Insane asylum, army insane, etc., may be cared for in State asylum in Cali- fornia, 9305. Convicts when to be committed to, Insurrection, suspension of commercial in- tercourse between, in case of, 10143. Interest upon obligations of not subject to income tax, 6336d. Invasion, protection by United States (Const. art. 4, § 4). Irrigationi laws not affected by reclama- tion act, 4707. Judicial Districts, 1052–1106. Jurisdiction, immigrant stations, 4289%q. Lands acquired for protection of wa- ter sheds, 5185. Lands purchased by United States for forts, etc. (Const. art. 1, § 8, cl. 17). National forests, 5131. Quarantine stations ceded to United States, 9172. Sites for lighthouses, 8436, 8437. Jurors in not disqualified by reason of race or color, 3929. Lands in Lassen Volcanic National Park not affected by establishment of parks, 5249e. Lands owned in Rocky Mountain Nation- al Park not affected by establishment of National Park, 5249c. Laws, appeals in cases involving, 1227(4). Appeals to Supreme Court, 1214, 1215. Attachment laws to apply in United States courts, 1539, 1540. Authentication, 1519. Certiorari from Supreme Court in cases involving, 1214. Cotton futures tax payments not to affect laws prohibiting future deal- ings, 63091'.' Courts of United States affected by, 1538–1542, 13920–13927. - Criminal laws, application Lake National Park, 5230c. Glacier National Park, 5248c. Mount Rainier National Park, 5227c. Depositions taken in mode prescribed by, 1476. Execution laws to apply in United States Courts, 1539, 1540. . ‘Falsely stamped articles made of gold or silver transported into state sub- ject to laws of, 88.11. Full faith and credit in other States (Const. art. 4, § 1). Health laws to be observed by United States officers, 9150. $ Imprisonment for debt on process from United States court, applicable to, beacons, etc., Crater Injunction, etc., Inspection laws of States to be observº- ed by vessels before clearance, 7794. Interest on judgments of district courts, 1605. Liens upon vessels laws superseded, 6 Suspending enforcement, Protection of game, etc., not affected by act for protection of migratory birds, 8837(3). Protection of migratory birds, 8837g, Appendix p. 1795. Public lands in Minnesota, made sub- ject to laws for drainage of swamp lands, 4970. Quarantine laws, applicable to vessels from foreign port, 9155. Co-operation of Public Service in enforcing, 9158. oºyed by United States officers, Times of epidemic, 9176. Record of judgments, 1606. Health STATES (Cont'd) Laws (Cont'd) Rules of decision in United States courts, 1538. º Secretary of State to procure for de- partment, 304. Stay of execution, 1634. Supremacy of federal constitution, º, and treaties (Const. art. 6, G Town-sites, disposal of lots, 4791. Traffic of explosives regulations per- mitted, 8018. Warehouse regulations, federal act not to affect, 87.47%m. Witnesses, competency in civil cases, determined by, 1464. Legal tender other than gold and silver, prohibition (Const, art. 1, § 10, cl. 1). Legislatures, amendments to federal Con- stitution (Const. art. 5). * Authentication of acts under full faith and credit clause, 1519. Bridges over navigable waters may be constructed under authority of, when, 9971. Consent to appropriations for agricul- tural experiment stations, 8887, 8892. Consent to purchase of lands, by Na- tional Forest Reservation Com- mission, 5180. By United States, 3424; art. 1, § 8, cl. 17). For public buildings, etc., 6902. Consolidation of States, COrisent neces- sary (Const. art. 4, § 3, cl. 1). Disrespectful words against, 2308a, art. 62 Domestic violence, applying to United States for protection (Const. art. 4, 4 Oath of members to support constitu- tion, 3422; (Const. art. 6, cl. 3). Representatives, prescribing election for (Const. art. 1, § 4, cl. 1). Rules for working mines, etc., provid- ed when, 4646. tº Senators, choice of (Const. art. 1, § 3, - cl. 1); (Const. art. 1, § 3, cl. 2). Prescribing elections for (Const. art. 1, § 4, cl. 1). Letters of marque and reprisal (Const. art. 1, § 10, cl. 1). Military history, transcripts of for, 343. Militia, bounty lands, 4830–4839. Details of army officers as inspectors and instructors, 1997. Part of army of United States, 1715, 1715a. Powers over (Const. art. 1, § 8, cl. 16). Suppression of insurrection in other states, 10.139. National forests, co-operation with forest service in construction of highways in, 5150. {º Payment to state of part of receipts from for schools and roads, 5149, 5186. Nobility, titles of, prohibition (Const. art. 10, cl. 1). y Officers, complaints as to violation of Act relating to standard barrels, 8907e. Disability, participating. in rebellion after oath to support constitution (Const. am. 14, § 3). Election, denying right to vote for, reducing representation in Congress (Const. am. 14, § 2). Exemption from selective draft, 2044d. Income tax exemption, d. Oath to support constitution, 3422. • Opium, possession not presumptively unlawful, 6287n. Salaries, exempt from income tax ex- cept when paid by United States, 6336d. Opium, purchase by officers without reg- istration, payment of tax, or written or— der, 6287g, 6287h. Peace officers in, to have authority of marshal of United States in reference to Chinese aliens, 4299, 4313. Peonage in, abolished, 3944. ‘‘Person” includes, 31.15%bb. Pilots regulated by, 7981–7983. . For steam-vessels restricted, 8206. Police, prohibition of maintenance of troops other than militia not to affect maintenance of police, 3044b. Powers, reserved powers (Const. am. 10). Process, service in Crater Lake National Park, 5230a. (Const. . indicated.] & STATES (Cont'd) Process (Cont'd) Service in Glacier 5248a. Service in Mount Rainier National Park, 5227a. Publication by enemy aliens, 7615. Public health service boards of health to confer with, 9146. Public utilities, income tax not to affect, 6336|KIb]. Quarantine stations transferred to United States, 9171. Compensation, 9163. " Railroad commission, complaints to Inter- State Commerce Commission, 8581. Receivers of property in different states, jurisdiction, 1038. - Representatives in Congress, reduction for disqualifying citizens from voting (Const. am. 14, § 2). Republican form of government guaran- :* by United States (Const. art. 4, National Park, Reservations and grants of public lands for public purposes, 4860-4881. Agricultural college, landscrip lost or destroyed, reissued, 4872. Alaska, school lands, 5045a, 5045b. California, selections of surveyed lands certified to, 4879, 4880. Desert lands to states for reclamation, 4685-4695. Fº: simple title to pass in grants, 7 F;ture. rights of original grantees, Mineral lands, not to be included, 4658. New gºes, territorial improvements, 4874. Territorial improvements, tions and location, 4875. North Dakota, exchange for agricul- ture experiment station site, 4529a. Pºints for Wagon roads to Oregon, 71 - selec- Phosphate or oil lands in Idaho, bond of prospector or miner, 4865. Lands selected, certified to states, Objections to classification, 4865. Occupation of surface, 4865. Prospecting and mining, 4865. Reservations of phosphate and oil to United States, 4863–4865. Selection, 4863-4865. Pre-emptions by counties for seats of justice, 4869. Preference, right of selection granted to North Dakota, South Dakota, Mºntana, Idaho and Washington, 877. School lands, additional school sec- tions in Utah, 4867 On ceded Indian reservations, 4862. To supply deficiency, 4860, 4861. Indemnity selections in abandoned military reservation confirmed, disposal, 5012. Limitation of entries by agricul- tural college scrip, 4873. Oklahoma, not entitled to indem- nity lands for sections within Platt National Park, 5245. Provisions for selections to supply deficiency applicable to, New Mexico 4868. Iſtah, 4866. Settlement before survey, 4860. Selection, by California, confirmed, 4878. Surveys, field-notes, maps, etc., de- livered to state authorities, 4451–4454. Surveys of lands granted to certain states, 4876. Swamp lands, 4958. Permanent appropriation to pay to, for certain sold by United States, 6799 (43). Secretary of State, record of mortgage of wagon roads, etc., in Alaska, 5087. Senate, not to be deprived of equal suf- frage in without consent (Const. art. 5). Ships of war, maintenance without con- sent of Congress, prohibition (Const. art. 1, § 10, cl. 3). Soldiers’ Home, branch homes ceded to States, 9291. $ Documents allotted to, Congressional Record, 7090. National aid for, 9.288. Reduced passenger rates to inmates of, 8595. GENERAL INDEX [Page 2339] [References are to sections, except where otherwise indicated.] STATES (Cont'd) Soldiers’ Home (Cont'd) Reports of inspection of, printing, binding, number of copies, distribu- tion, 7133. - Specifications and drawings of patents to be placed in capitols of, for inspection, 7093. Spirits, bottled in bond subject to state law, 6077. state. including District of Columbia, 042 - Internal revenue law, 5842. Statistics of manufactures co-operation with state officials in collection of, 4392. Statues of citizens furnished by, for stat- uary hall, 3386. Stocks and bonds held by United States on default in payment, moneys due state to be applied, 6389. Suffrage, abridging because of race, color, or previous condition of servitude prohibited (Const. am. 15, § 1). Right of secured in, 3965, 3966. Suits against, judicial power of United States not extended to (Const. am. 11). Suits, judicial power of United States ex- tended in certain cases (Const, art. 3, § 2, cl. 1); (Const. am. 11). Jurisdiction, 1233 (7). Supreme Court, 1210, Supreme Court’s original jurisdiction in, *; Where party (Const. art. 3, § 2, Cl. 24). Surveys, field notes, maps, etc., delivered to state authorities, 4451–4454. Taxation, certificates of indebtedness for reclamation fund exempt, 4711. Circulation, deposits, and capital stock of national banks, 9784. Crater Lake National Park, property in, 5230a. Deduction from income tax, 6336eſa], 6336fſa], 6336![a, b]. Discharge in bankruptcy, 9601. Exemptions, certificates of indebted- ness, 682911, 6831. Certificates of indebtedness pay- able in foreign money, 6829lll, Appendix p. 1782. United States bonds, 6829d, 6829e, 6829ee, 6829Il. Payable in foreign money, 682911), Appendix p. 1782. Exportations from, prohibition (Const. art. 1, § 9, cl. 5). Federal reserve banks exempt from, ). National Park, property in, Imports and exports, prohibition over inspection cost (Const. art. 1, § 10, cl. 2). “ Income tax on corporations, tions, 6336lſa, b]. Mount Rainier National Park, proper- ty in, 5227a. National bank shares, 9784. Payment of cotton futures tax not to prohibit, 63091. - Payment of special taxes on occupa- tions, not to prohibit state tax, 5970. Philippine bonds, prohibited, 3907. Treasury notes provided for by Fed- eral Reserve Act, exempt, 9800ſ?). Titles of nobility, prohibition (Const, art. 1, § 10, cl. 1 Tonnage duties, prohibition without con- , sent of Congress (Const. art. 1, 10, cl. 3). Not authorized under quarantine reg- ulations, 9150. Transfers to, of records, etc., of land of- fices abolished, 4514-4516. Treasurer, custodian of funds appropriat- ed for vocational education, 9390%h. Tºº prohibition (Const. art. 1, § 10, deduc- cl. Troops, maintenance without consent of Congress, prohibition (Const. art. 1, § 10, cl. 3). - Not to be maintained in other than national guard, 3044b. United States convicts in prisons of, 10523- 10525; 10528. Contract labor prohibited, 10524, 10525. Designation of penitentiary, 10547. Discipline and control, 10523. Parole, 10535-10544. United States Courts in, judges, etc., of, may arrest or bail offenders against United States, 1674. Jurisdiction, 1233. STATES (Cont'd) United States Courts in (Cont'd) Marshal to have powers, etc., of sher- iſf in, 1312. Practice, etc., of courts of, applied in district courts, 1537, 1539–1542. Priority in courts of United States of cases where State is party or execu- # of revenue laws of is enjoined, Procedure for condemnation of sites for, forts, etc., 6911 Public buildings to conform to procedure in state courts, 6910. Records, etc., of public office of, how proved, 1520. Vocational education, 93.90%a–939.0% mm. Acceptance of benefits of appropria- tions, 9390%.c-9390%mm. - War, engagement in unless invaded, etc., prohibited (Const. art. 1, § 10, cl. 3). STATE SELECTION ACTS See States. - Public lands, 338, 1889, 1391, 1678, 4271, 4325, 4473(1), 4505, 4601, 4685, 4874–4876, 5289, 7372, 7682, 8459%b (34), 8859, 8902, 9243, 9244, 9247, 9259, 9276, 9280, 10590. STATIONERY Agricultural Department, 813. Chief of Engineers, 3320, Civil Service commission, 3275. Commission on Industrial Relations, 8914. Congress, advertisements, etc., 91-94. Contracts for separate parts, 94. Contracts of departments for limited to one year, 6888. Court of Customs Appeals, 1181. Customs officers to be furnished with, 5386. Folding room of senate and house of representatives, purchase, 107. House of Representatives, public printer to furnish, 7180. Internal revenue service, 374. Inventory of public property not to in- clude, 3420. Legations and consulates, 3208. Postal accounts to show expenditures for, 7598. Postal service, estimates, 6709. Post-offices, allowances for, 7230. Printing for departments, 6676. Purchase of for departments, 6833. Sale to congressmen, 7180. Senate, public printer to furnish, 7180. Steamboat-inspection officers, 8222. Supreme Court reporter, 1202. Surveyors-General, allowances for, 4461. For mineral surveys, how paid, 4462. STATIONS See Life-Saving Service ; Missionary Stations ; Navy Yards and Stations. Im/migrant stations, see I’m migration. Agricultural experiment stations, 8878– 8897. Aviation stations for life-saving service, 8459% a (12). Coast Guard, manning, 8459%a (10). Immigrant stations, 4289%m, 4289%pp, 4289%q. - Landing stations for alien passengers from Canada or Mexico, 4289%ll. Life-saving stations, 8468-8514. Mobilization, training and supply sites for military purposes, 1990a. Navy, absence from without leave, pun- ishment, 2965(9), 2969(19). STATISTICAL ABSTRACT Number of copies, distribution, 7082. STATISTICIANS g Agricultural Department, salary, 793. Children’s Bureau, 966. Office of Education, 669. STATISTICS See Census. Agricultural Department, 818. Agriculture, 4385, 4387, 4391; Bureau of, Bureau of Foreign Commerce made part of, 857, 859. Consolidated with Bureau of Manufac- tures into Bureau of Foreign and Domestic Commerce, 873. Distribution of Statistical Abstract, 7082. Duties performed by bureau of crop estimates, 795a. STATISTICS (Cont'd) Bureau of (Cont'd) Report submitted to Congress, 868, Transferred to Department of Com- merce, 857, 859. Certified copy of returns furnished gov- ernors, courts of record, etc., cost, 4418. Compilation of information as to cotton production in foreign country, abstract of information published, 4433. Consular officers to collect, 875. Co-operation of state authorities as to vital statistics, 4392. Cotton, absorbent cotton, 4434d. Hull fibre, 4434d. Medicated cotton, 4434d. Owners and officers of gunneries, fac- tories, etc., to furnish information, demand, notice, penalty, 4432. Production of, 4391. - Publication of reports, 4430. Raw and prepared cotton and linters, 4434d. Waste, 4434d. What to show, 4430. Cotton seed and products thereof, 4434a- 4434c. Crop reports of Department of Agricul- ture, 825-827. º Fisheries, 4391. Government printing office for official reg- ister, 7006. Income tax law, operation of, 6336t. Manufactures, 4385, 4391. Collected by Bureau of Foreign and T}ormestic Commerce, 888. What to include, 4387, Mines, 4385. What to include, 4387. Purchase of books, etc., for Geological Survey for statistical purposes, 775. Quarries, 4385. What to include, 4387. Reports to Director of Mint, by superin- tendents, 6440. River and inland waterway traffic, 9902. Schedules, contents, 4387. Relating to population natural O1. mother tongue of persons of for- eign birth, 4388. Special statistics, collected decennially, 43 Relative to agriculture, manufactures, fisheries, etc., * Special agents to procure, 4389. Tobacco, co-operation of commissioner of internal revenue with Director of the Census, 4427. Information to be used only for sta- tistical purposes, 4426. Person defined, 4425. Reports, demand for, notice, 4423. Publication of, 4428. Quantities in hand, 4421. Types of tobacco to be specified, 4422. Vessel owners, etc., to furnish persons in charge of river and harbor works, 9900, - Penalty for failure, 9901. Vital statistics, 4390. Compensation for, 4390. Compilation and publication by Pub- lic Health Service, 9147. STATUARY - Exhibition of private, prohibited in Cap- itol, 3387. Hall of representatives for statues fur- nished by states, 3386. Injuries to, upon Capitol grounds prohib- ited, 3397. National military parks, destruction, etc., 5284. - STATUTES See Laws ; Partial Invalidity ; Repeal : Revised Statutes ; Statutes at Large. State laws, see States. Appeals in cases involving, 1222, 1224, 1225, 1227(3, 4, 6). To Supreme Court, 1214, 1215. Appropriation acts, title of, 11. Articles of War, acts done not affected, 2308C. exemptions, ſ GENERAL INDEX [Page 2340] [References are to sections, except where otherwise indicated.] STATUTES (Cont'd) e Bail in criminal cases, involving validity of statute removed from state Courts on writ of error, 1681. . . Certiorari from Supreme Court in cases involving, 1214. - Construction, authority. to purchase site or erect public buildings not, to be construed as appropriation unless so made in express terms, 6906 Inference of legislative construction not to be drawn from enlargement of sections of Judicial Code, 1272. Laws revised in Judicial Code con- strued as continuations of existing laws, 1271. References to laws revised in Judicial Code deemed to refer to sections of Code, 1269. Words in, 1–6, 10514. Copies of for public printer, 308. Crimes, arrangement and classification of sections of act relating to, 10513. Custody and preservation by Secretary of State, 302. Editing, law clerk and assistant in State Department to edit, 295, 297. Enacting clause, 7, 9. Engrossing and enrolling bills, 12. Ex post facto laws, states, (Const. art. 1, § 10, cl. 1). º Foreign governments, relating to title to lands under United States, how authen- ticated, etc., 1521. . Pamphlet copies, as evidence, 7073. Contents, 7073. & - Porto Rico, 3803m. - - . Postal savings depositories, laws govern- ing, 7591-7594. . - Printed copies as evidence, 1525, 1526. Publication in newspapers, when to cease, 112. + Review of decisions of state courts in- volving validity, 1214. Sections, contents, 10. Numbering, 10. Standard time, 8907s. States, full faith and credit in other states (Const. art. 4, § 1). Subsequent to December, 1873, as affected by Revised Statutes, 10598. Supremacy of those enacted by United States (Const. art. 6, cl. 2). Suspension of acts relating to executive departments, 283f. - Title, appropriation acts, 11. Words used in, meaning of, 1-6. -- Writs of error in criminal cases on behalf of United States in cases involving validity, 1704, 1704a. - STATUTES AT LARGE See Revised Statutes. Additional copies may be printed, 7072. Copies from library of Congress, 145. Delivery to superintendent of documents, 7114. - Distribution to judges, 565, 566. . Library of Congress, 7026, 7027. Editing, printing and binding of, 7072. Increase in number of copies, distribu- tion, 7120. - Index, printing, binding and distribution, "Z119. Judges, attorneys, and clerks to deliver copies of, to successors, 3258. Little & Brown’s edition, evidence, 1522. Miarginal references to include number designating bill or resolution, 7118. Number of copies, 7072. . Officers to preserve copies and deliver to successors, 3257. Pamphlet copies of, 7071, 7073. As evidence, contents, 7073. Pamphlet edition of, 7115. Compensation of editors, 7117. Notes, references and index, etc., 71.15. Number of copies, distribution and sale, 71.16. Printed copies as evidence, 1526. , Printing, publication and distribution of pamphlet copies, 1524. Reference to in estimates of appropria- tions, 6671. STATUTES OF LIMITATIONS See Limitations. - STAY - See Injunction. Appeals from boards of special inquiry, 4289%ii. prohibition STAY (Cont'd) Application to Interstate Commerce Com- mission not to operate as, 8585. Distress warrant, injunction, 6635, 6636. Execution, bond for, in error or on ap- peal, 1660. One term, in States where judgments are liens on property, etc., 1634. Process in rem in admiralty, 1567. Time to file motion for new trial, Execution of judgment in contempt pro- Ceedings, 1245c. Federal controlled transportation sys- tems, proceeding by or against, 31.15% m. Offering of evidence conflicting with phys- ical valuation of property of common carriers by Interstate Commerce Com- mission, 8591. Pending appeal to circuit courts of ap- peals in proceedings for injunctions and receivers, 1121. Revenue laws, priority of causes in case of, 1581. Soldiers’ and sailors’ civil relief, 30.78%a- 3078%.ss. - Writ of error, capital cases, 1703. Security, 1666. . STEAFLING See Embezzlement ; bery. Extradition for, of fugitives from for- eign Country, 10110. Goods in interstate commerce, 8603. Mail locks or keys, 10361. Mail matter, 10364. - Assaulting custodian mail, 10367. From letter boxes, etc., 10368. By postmaster or employé, 10365. Post-office property, 10360. Public property by persons in naval serv- ice, 2975 (8). Public records, 10297, 10298. STEAMBOAT INSPECTION SERVICE See Steam, Vessels. STEAMBOAT MAIL SERVICE Mail messengers, 7506. STEAM:30ATS See Steam, Vessels. STEAM ROILIERS See Steam Vessels. Purchases of material for, 6866. STEAM ENGINEERING Bureau of in Navy, 622. . Absence, assistant to act, 636. Appropriations for, report of expen- ditures from, 649. Assistant to chief, duties, 636. Chief, eligibility, 635. r and stealing Detail of line officer to assist chief of, ſº Draftsman, 614. Employés’ salaries, 614. Pay, 636. STEAM FLAUNCHES . Inspection of, hulls and equipment, 8187. Motor boats, 8187. STEAMISHIP COMIPANIES - Posting immigration laws by agents, cer- tificate of compliance, penalty, 4257. STEAM VESSELS See Coasting Trade : Crimes and Of- fenses ; Engineers ; Licensed Offi- cers for Vessels; Licensed Vessels : Life-Saving Apparatus ; IMates ; I'ug Boats Yachts. Remission of fines, penalties, and for- feitures, see Fines and Penalties ; Forfeitures. Rules for preventing collisions, see Collision. - Accommodations for deck-passengers, 8255, 8256 . on river steamers, penalties, 8255, 825 Ancon, not transferred to secretary of navy, 6829a. Appeal from action of local inspector in entry of complement of officers and crews in certificate to Supervising in- spector or inspector general, 8225. Approval of use of instruments for se- curity of life, 8267. Automobiles containing gasq line may be transported by passenger vessels, 8242. Barges, tow barges carrying passengers to have life saving apparatus, 8268. Boats for river steamers, 8251. Bulk heads, lake steamers, 8260. Not required on certain steamers, 8261. Larceny, Rob- | STEAM VESSELS (Cont'd) Bunks, number of, 7734. Carrying mail, 7462. Compensation, 7527. cºcts for, 7430, 7431, 7454, Foreign mail, 7526, 7530–7539. Compensation, 7527. 7462, | Charterers subject to same penalties for Violation of regulations as owner, 8275. Coal for, exempt from duty, 5495. Commissioner of Navigation to prepare and publish list of, 893. Complement of officers and crews, de- ficiency, penalty, 8225. Entry of minimum number of deck officers, 8226. Officers, 8225. Persons additional to crew may be Carried for purpose of carrying on business of boat, 8235. Contractors for use of vessel subject to Same penalty for violation of regula- tions as owner, 82.75. . Contracts for carrying mail, 7454, 7463. Inland and foreign service, 7431. Without advertising, 7430. Control by president in time of war, 1974a. Copies of act to be kept on each pas- senger steamer, 8270. Count of passengers, inspection of count, etc., 8237. - Penalty for failure to keep, recovery of penalties, 8238–8239. Criminal responsibility for loss of life, 10455. - Cristobal, not transferred to secretary of navy, 6829a. g - - Customs officers to enforce provisions con- cerning, 8272, 8273. Damages to passengers, liability of mas- ter and owners, etc., 8269. Dangerous articles, mode of packing, pen- alties, 8245–8246. Not to be carried on passenger steam- ers, 8242. Exception of crude petroleum, 8244. Deck gºers, limitation of Watch duty, 7. +. . Number required, 8226. Deck passengers, accommodations for, penalties for failure to provide, 8256. On river steamers, accommodations for, penalties, 8255, 8256. Definition, 7943, 8151. In rules, for preventing collisions, 7835, 7873. Detroit River postal service, 7262. Enrollment and license, vessels owned by resident aliens, 8062, 8063. Entry of complements of officers in cer- tificate of inspection, change by in- dorsement thereon, 8225. - Minimum number of deck officers, ves- Sels excepted, 8226. - Excursions, exception from requirement of water tight bulk heads, 8261. Special permits to carry additional passengers, 8230. - Explosives, burning fluids not to be car- ried, 8242 Gasoline, etc., 8242. Gun powder, how packed and marked, penalties, 8245, 6. Not to be carried, 8242. Printing fluids, mode of packing for Shipment, penalties, 8245, 6. Federal control of transportation sys- tems, 1974a. - Fire buckets, axes, etc., for river steamers carrying passengers, 8253. * Extinguishers, 8249. Fº, pumps and hose to be carried, Precaution against, 8240. + Fishing steamers, persons who may be carried in addition to crew, 8235. Foreign, entitled to registry, 7710-7712. Tugboats, towage by between United States ports, 8123. TJse as cruisers or transports, 7713. Fumigation, 7734. - Gasoline, carriage only for auxiliary lighting and Wireless system, 8242. Great Lakes, persons who, may be Car- ried on Steamers on, in addition to crew, 8235. - Gun powder, how packed and marked, penalties, 8245, 8246. Not to be carried, 8242. Hospital compartments on, 7734. | Increase of licensed officers, 8226. Inspection, accounts, examination of by Auditor, 420, 421. Accounts, settlement of, 420, 421. GENERAL INDEX IPage 23411 [References are to sections, except where otherwise indicated.] STEAM WESSELS (Cont'd) STEAM WESSELS (Cont'd) STEAM WESSELS (Cont'd) Inspection (Cont'd) Inspection (Cont'd) Inspection (Cont'd) Appeals, 82.14a–8215. Board of local inspectors, inspector of hulls, inspector of boiler to consti- tute, 81.70 Boiler plates, falsely stamping as of— fense, 8193 Method of inspection, 8.193. Method of stamping, record, 8.194. Pressure of steam allowable, 8196. Punishment for counterfeiting Stamps on, 8.195. Thickness of and space between flues, 8197, 8.198. Boilers, constructed Of . plates, etc., 8191. How often to be made and What to embrace, 8173. When otherwise constructed may be used, 8192. Canal boats, 8187. Certificate, certain precautions against fire, and condition precedent to grant of, 8240. Condition precedent to registry of vessel, 8274. Disposal and display of, 8184. Eligibility of Indians, residents of Metlakahtla, Alaska, for license, etc., 8189. - Entries in, complements of officers and crews, indorsement of changed, 8225. Minimum number of deck of- ficers required, 8226. Number of passengers which may be carried, 8228. Stamped False certificate by inspector as . offense, 8186. Fees for, 8220, 8221. Foreign vessels, 8152. Foreign vessels, reciprocal accept- ance, 8152. Inspectors to make, 8182. Oath, 8182 Penalties, carrying passengers or gunpowder without, 81.85. Navigating sea going barges without, 8181. Record of, 8219. Revocation, failure to make re- pairs, etc., 8215. Violation of regulations, 8172. Sea, going barges, 8178. Not to be registered or enrolled without, 8.180. Statements to be made by inspec- tors upon refusal to give, 8182. Temporary certificate, 8182. Vessels whose certificate expires while at sea may complete voy- age, 8182. Definition of steam vessels, 8151. Districts, assignment of, 8159. Having no local boards, permis- sion to go to other port for re- pairs, 8218. Enforcement of regulations by revo- cation of certificate, 8172. Equipment of vessels, how often to be made and what to embrace, 8172. Examination of vessels while laid up, 8.172. Fees for, 8138, 8220, 8221. Ferry) boats, 8187. Foreign certificates, reciprocal ac- ceptance, 8152. Fººn vessels admitted to registry, Freight and tow boats on Mississippi River, etc., maximum pressure on, 8176, 8177. Hulls, how often to be made and what to embrace, 8172. Indians, residents of Metlakahtla, Alaska, certificate of eligibility for license, 81.89. - Entitled to licenses as masters, pilots and engineers and as op- erators of steam boats, motor boats, etc., 8.188. Inspection service transferred to De- partment of Commerce, 857, 859. Instruments, stationery, etc., for su- pervising inspectors and local boards, 8222. Inºsation of conduct of officers, Irondequoit Bay, N. Y., constitute a navigable water within laws relat- ing to steam-vessels navigating thereon, 8154. Jurisdiction of inspectors, confined to their own districts except, 8217. Licensed officers to assist inspectors in examinations, 8210. Licenses, appeal from suspension or revocation, 8214a–8215. Captain of vessel, 8.201. Captain, or mate as pilot, 8205. carriº of gunpowder, penalties, 818 When local inspectors may grant, 8183. - Engineer, 8.203. Exhibition of, 8208. Fees for, 8138, 8220. Mates, 8202. Oath of licensed officers, 8207. Officers, 8200. Pilots, 8204. Renewal, 8209. Suspension or revocation, appeal, 82.14a. Negligence of Officer, 8212. Refusal of Officers to serve or Obey regulations, 8211. Local inspector of boilers, appoint- ment and qualifications, 8170. In districts named, 8.168. Salary, 8.168. Local inspector of hulls, appointment and qualifications, 8170. Salary, 8168. Local inspectors, appeal. from deci- || Sions, 8214a–82146. - Appeal to Supervising Inspector or Inspector General from determi- nation of complement of officers and crews, 8225. . Appointment, etc., 8168, 8170. Assistants, salary, 8168. 8168, Appendix p. 1791. Board of, clerks, 8170a, Appendix p. 1792. Inspector of hulls and inspec- tor of boilers to constitute, 8170. * e Proof of service to procure rat- ing as able seamen, 8363a. Record of Certificates of serv- ices of seamen, 8363a. To investigate conduct of offi- cers, 8212. Boilers and hulls inspected by, 8172–8182. Chief mates, classification and li- censing, 8200–8207, 8209, 8210. Clerks, 8.168. -- 8168, Appendix p. 1791. Compensation, payment, 8138. Complements of officers and Crews determination, entry in certifi- cate and change by indorsement, 8225. Decisions by, effect, 8217. Detail, 8168, Appendix p. 1791. Disagreement, report to supervis- ing inspector, 8214b. *. Divulging information of violations of act received from licensed of- ficers, 8210. Eligibility, 8171. Enforcement of regulations, 8272. Engineers, classification and li- censing, 8200-8207, 8209, 8210. Entry in certificate of inspection of minimum number of deck of— ficers, etc., increase of licensed officers, 8226. w False certificate by, as offense, Fees of witnesses and marshals in matters before them to be certi- fied to, 8213. Inspection of vessels in districts where no local boards, 82.18. Licensed officers to assist, 8210. Licensing officers, 8200-8205. Masters, classification and licens- ing, 8200–8207, 8209, 8210. Motor boats, inspection, 8277. Carrying passengers, licensing, 82.81. Number, 8.168. Passenger list furnished to, 8237. Penalty for refusal or neglecting to make repairs required by, 8216. Pilots, classification and licensing, 8200–8207, 8209, 8210. Records and repairs, 8219. Local inspectors (Cont'd) Reinspection and notice for re- pairs, 8215. Renewal of licenses by, 8209. Reports as to number of passen- gers allowed, 8228. Sºl permits for excursions, 30. Review of action of by supervis- ing inspectors, 8172. Salaries, 8168–8171. 8168, Appendix p. 1791. Taking illegal fees, 10276. Traveling expenses, 8169. 8168, Appendix p. 1791. Marshals, fees, 8138. Motor boats, 8187. To be inspected by local inspec- tors, 8273. Oath of licensed Officers, 8207. Obstructing safety-valves, ment, 8199. Offenses, counterfeiting stamps for boiler-iron or steel plates, 8195. Enrollment of officers not licensed, 00 punish- Failure of officers to display li- cense, 8208. Falsely stamping steel boiler plates, 8.193. Obstructing safety-valves, 8199. Performing duties of supervising inspector, etc., when not eligi- ble, 8171. . Passenger list to be opened to inspec- , tion of inspectors, 8237. Penalties, carrying gunpowder without license, 8.185. Carrying passengers without cer- tificate of inspection, 8.185. • . Construction of boiler plates not inspected and stamped, 8192. Failure to make repairs, 8216. Permits, use of boiler plates, not in accordance with regulations, 8192. Pressure of steam allowable, 8196. Reciprocal acceptance of foreign cer- tificates, 8152. - Records of repairs by local inspector, 19 Registry, enrollment, etc., denied to vessels not complying with the law, 82.74. Regulations to be made by Secretary of Treasury, 8224. Reinspection in addition to annual in- Spection, notice for repairs, enforce- Iment of requirements, 8215. Repairs, inspector of another district may order only when conditions are changed, 8217. Penalty for failure to make, 8216. Permission to go from port having no local board to other port for repairs, 8218. Safety valves and steam registers may be controlled by inspectors, 8175. Sea, going barges, certificates of in- spection and equipment required as condition to registry, enroll- ment, or license, 8180. Hull and equipment, 8178. Life saving appliances, 8179. Penalty for navigating without certificate, 8181. f Stamping boiler plates, method of, rec- ord, 8.194. Punishment for counterfeiting, 8.195. sº regulation of pilots, restricted, Steam launches, 8187. Supervising Inspector General, ap- peals to, 8214a–82.14d. Appointment, qualifications, duties, 8155, 8156. 8155, Appendix p. 1791. Deputy, appointment, salary, 8155, Appendix p. 1791. Chief clerk of bureau, 8.155, Appendix p. 1791. Detail of inspectors, to inspect boil- er plates at mills, 8.193. Quarters for crews on Mississippi River steamboats approved by, 7734. Regulations of towage on barges by, 7969. & Reports to by Supervising Inspec- tors, 8164. Review of decision of supervising inspectors, 8214b. Salary, 8155, Appendix p. 1791. GENERAL INDEX STEAM VESSELS (Cont'd) Inspection (Cont'd) Supervising Inspector General (Cont'd) Use of boiler plates of certain thickness may be authorized by, Supervising Inspectors, additional reg- ulations for Great Lakes, 7940. Additional rules by, 7906. For vessels in harbors, rivers and inland waters, 7906. Appeals to, 8214a–82.14d. Appointment, 8157. 8157, Appendix p. Assistants, eligibility, Board of, 8159. Approval of use of instruments for security of life, 8267. Executive committee and pow- ers thereof, 8159. Meetings, 8159. Regulations, display of certifi- cates, 8184. Examination of vessels while laid up, 8172. Prevention of fire, 8240. 1791. 8171. Qualifications of crews of vessels not included in act, 8363a. Water tight bulk heads, 8260 Carriage of baled cotton or hemp by passenger vessels, regulations, 8242. Designation of officer to perform duties during absence, 8158. Districts to be assigned to, 8159. Divulging violations of act re- ceived from licensed officers, 8210. Duties, 8160, 8161. Eligibility, 8171. Fees, 8138, 8140. Payment from Treasury in lieu of, 8138. Report of, 8138. e Fire extinguishers, may require steamers to carry, 8249. Gasoline life boats, regulations, 8242. Information to local inspectors, regulations, 8165. Inspection of iron and Steel for boilers, manner to be prescribed by, 8.193. Inspection of steam-boilers, 8194– Instruments, nished, 8222 stationery, etc., fur- Licenses of absent officers, renew- ed when, 8209. * Life saving apparatus, regulations, 58. Lights for coal boats, trading boats, etc., on Red River of the North and rivers emptying into the Gulf of Mexico, regulated by, 7954. Manner of inspecting iron and steel for boilers to be prescribed by, 8.193. Motor boats, regulations of rules of navigation, Permission to vessels to carry per- sons in addition to crew to aid in the business of the vessel, 8235. Powers and duties of local boards, when, 8163. Qualifications, 8157. 8157, Appendix p. 1791. Regulations by, as to furnishing information to local inspectors, 8165. Regulations for steam-vessels pass- ing each other, 8.166. Penalty on pilot violating such regulations, 8167. Renewal of licenses by, 8209. Repeal of permanent indefinite ap- propriations for salaries, and con- tingent expenses of, detailed es- timates by Secretary of Com- merce in lieu of, 8223. Reports by to annual meeting of board, 8164. Printing on etc., 7076. Reports to by local inspectors, as to number of passengers al- lowed, 8228. - Of special permits for excur- sions, 8230. - Of violations of law, 8219. recommendation, [References [Page 2342] STEAM VESSELS (Cont'd) Inspection (Cont'd) Supervising Inspectors (Cont'd) Review of action of local inspec- tors, 8172. * Review of decision by Supervis- ing Inspector General, 82.14b. Rules for lights on tug boats, etc., #sating St. Lawrence River, Salaries, 8157, Appendix p. 1791. Supervision, districts not having inspectors, 8163. Local boards, 8162. Suspension or revocation of license to officers of vessels, 7708. Traveling expenses in lieu of mile- age, 8169. Violations of law by officers of vessels, duties, 8161. Taking illegal fees, 10276. Tug and freight boats, 8.190. What vessels subject to title, 8151—8153. Witnesses, fees, 8138. Yachts, etc., 8187. Instruments for security of life to be ap- proved by board of supervising inspec- § and by Secretary of the Treasury, 7. International rules for preventing colli- sions, lights, 7838–7840, 7852–7854. Intoxication of persons in charge of, in District of Columbia, 3421%in. Jurisdiction of Secretary of Treasury over gasterred to Secretary of Commerce, Liabilities, master, owners of vessels, etc., for damages to passengers, 8269. Vessel for failure to comply with regu- lations, 8275. Licenses, carrying excursion on steamers ºns no water tight bulk heads, Use of petroleum as fuel, 8244. Use of petroleum in the production of motive power, 8244. Lien of penalty against master, failure to enforce regulations relating to Wire- less apparatus as lien on Vessel, Failure to keep count or list of passen- gers to be, 8239 Unlawful use of petroleum in the pro- duction of motive power as, 8244. Life boats, ocean and lake Steamers, pen- alties, 8258. Life preservers, manufacture, Sale, etc., of improperly constructed, offenses, 8 Ocean and lake steamers, 8258. One for each person carried in addi- tion to regular crew, 8236. Rº: steamers carrying passengers, 8252. Life saving apparatus to be carried by river steamers, 8251. Limitation of watch duty of deck officers, penalty, 8227. List of passengers to be kept, 8237. Penalties for failure, recovery of pen- alties, 8238, 8239. Lost in military service to be paid for, Permanent appropriation for, 6799(34). Mates, number of, 8226. - Mºssippi River, quarters for crew, 7734. Name of steamer to be exhibited on pilot house, etc., 8271. Navigating rivers to anchor in fogs, etc., 8257. Notice to, of live stock quarantine, 8701. Number of passengers allowable, entering in certificate of inspection, 8228. Penalty for carrying excess of number, Special permits for excursions, 8230. Obstructing safety-valves on boilers, 8199. Offenses, failure of master to enforce reg- ulations relating to Wireless apparatus, 8264. Officers and crews of vessels Subject to provisions of title, 8225. Operators of wireless apparatus, control of master, 8262. Substitute for second Operator on car- go steamers on Great Lakes, 8266. Oyster steamers, persons who may be carried in addition to crew, 8235. Packing dangerous articles for transpor- tation such as gun powder, nitro-gly- Cerine, etc., penalties, 8245–8246. are to sections, except where otherwise indicated.] STEAM VESSELS (Cont'd) Passengers to be counted and listed, 8237. Penalty for failure to make, recovery of penalties, 8238, 8239. Where list not required, 8237. Passenger transportation, 8225-8276. Penalties, acqommodations for deck pas- Sengers, failure to provide, 8256. Carrying cotton or hemp unlawful, Carrying more passengers than certifi- Cate authorizes, 8229. Complement of licensed officers and crew, failure to carry full, 8225. Copy of title, failure to exhibit, 8270. Count or list of passengers, failure to keep, recovery of penalties, 8238, Enforcement by master of regulations relating to wireless apparatus, 8262. Failure gf customs officers, etc., to enforce regulations, 8273. Insufficient crew, 8225. Lien, 8239. - . Not otherwise provided for, 8276. Shipping dangerous articles unlawful- ly packed, etc., 8246. Using petroleum in the production of motive power in violation of regula- tions, 8244. violagº of regulations in general, o Hours of service of deck officers, on Watch duty, 8227. Regattas or marine parades, 8234. *:::s barges carrying passengers, Watchman, failure of passenger steam- ers to keep, 8248. Permits to garry additional passengers on excursions, 8230. Petroleum, discharge of crude petroleum at terminal ports, 8244. License for use in the production of motive power, 8244. * *ś, º carry products of, exceptions, Possession by President in time of war, 1974a. Regattas or marine parades, regulations to promote safety of life, 8231. Use of public or private vessels to en- force, transfer of authority, penal- ties for violation, 8232–8234. Registry and enrollment, etc., denied to gºes not complying with the law, 274. Regulations to promote safety of life on navigable waters during regattas or marine parades, 8231. River steamers, accommodation of deck passengers, penalties, 8255, 8256. To be anchored when navigation un- safe, 8257. Boats for, 8251. Fire buckets, axes, etc., 8253. Life preservers for, 8252. Stairways and gangways on when car- rying passengers on main deck, pen- alties, 8254, 8256. Rules for , preventing collisions, Great Lakes, fog signals, 7924. Great Lakes, lights, 7913–7915. rules, 7927– Steering and sailing, 7936 Harbors, rivers and inland waters, Signal in daytime when under sail only, 7887. Signal when engines are reversed, 7902. 7892– Red River of the North and rivers emptying into the Gulf of Mex- ico, lights, 7945-7949. sºns and Sailing rules, 7960- Steering and sailing rules, 7899 Sea, going barges, certificates of inspec- tion and equipment as to condition to registry enrollment or license, 8180. Tiller ropes and bell pulls for passenger steamers, 8250. Tow barges carrying passengers, life sav- ing apparatus on, 8268. Tow boats permitted to carry persons for business of towing in addition to com- plement, 8235. Transportatiºn, live stock, diseased, pen- alty, 8695, Live stock, from quarantined state, etc., 8702. ' Passengers and merchandise, general provisions, 8225-8276. GENERAL INDEX IPage 2343] [References are to sections, except where otherwise indicated.] STEAM VESSELS (Cont'd) Transport service ships not to be disposed of without consent of Congress, 1975. Tugs, in coasting trade on northern, etc., frontiers, report and clearance, 5835. Two copies of title to be kept on each passenger Steamer, 8270. Vessels subject to title, 8151-8153. Washing facilities for crew, requirement of, 7734. Watchman to be kept by passenger Steamers, penalty for failure, 8247, 8248. Water tight bulk heads, 8260. Steamers excepted, 8261. Wireless apparatus, auxiliary power, 8262. Efficiency for exchange of messages § Stations using other systems, 3. Master of vessel to have control, pen- alty, 8262. Penalty against master for failure to enforce regulations, 8264. Secretary of Commerce to make reg- gºons to Secure execution of act, 8265. Substitute for second operator on car- go steamers on Great Lakes, 8266. Time of taking effect of act, 8266. Vessels excepted, 8262. Wrecking vessels, minimum number of officers, 8226. STEEL Apple barrels, 8907a. Customs duties on, 5291ſ103–118). Post-office, cars, 7503, 7504. Purchasers of for War Department, 6861. Standard gauge for sheet steel, 8903–8905. Tests, 3109, 3110. - Number of copies, distribution, 7083. STEERAGE OFFICERS Navy, ensigns to be, 2684. STEERING RULES For preventing collisions, see Collision. Great Lakes, 7926–7936. Hºrs, rivers and inland waters, 7890- 7901. International rules, 7855–7866. Red River of the North and rivers empty- ing into the Gulf of Mexico, 7958. STENOGRAPHERS Bankruptcy proceedings, employment and compensation, 9622. Boiler inspectors, 8632, Appendix p. 1794. Census office, 913. Additional during Census period, 915. Civil Service commission, employment and salary, 3274. - Commissions on Industrial Relations, 8914. Commission to investigate issuance of stocks and bonds by railroads may em- ploy, compensation, 8602. Details from army for courts martial, etc., 2015. JEmployment by officer investigating fraud in pensions, 9073. Office of public printer, 6983. Porto Rico, determination of Salaries, 3803t. Post-Office Department, salary, 572. Post-Offices, compensation, 7231. First class, employment and Salary, 7231a. 7231a, Appendix p. 1785. Stenographic clerks, court of Customs Appeals, 1180, 1183. Stenographic reporter, court of Customs Appeals, 1183. House of Representatives, appoint- ment, approval by Speaker, 77. Committees of House, compensa- tion, amount, 78. Compensation, amount, 78. Supreme court of United States, books from library of Congress, 139. STEPCHILDREN Child as including, Employés’ Compensa- tion Act, 8932ee. STERILING ACT See Connºrmo%, Carriers. Employers' Liability, 8657–8665. STEWARDS Hospital corps, 2492a. Hospital stewards’ quarters, 1985. President, appointment, 227. Bond, 231. Custody of public property in Execu- tive Mansion, 231. Salary, 227. STILLS See Distilled Spirits and Wines. Fortº. destruction in certain cases, Sale at auction, 6352. Manuºrers. notice to be given by, Penaſty for failure to give notice, 6003 Special tax on ... Pº, amount of tax, drawback, 5971(2). . Manufacturers of wooden stills in distilleries exempt, 5972. Nonpayment as offense, 5965. Permit before setting up, penalty for fail- ure to procure, 6003. Reduction of capacity, notice, etc., 6093. Registration, under internal revenue laws, 5994. - sº taxes on, to be paid by stamps 5961. Special tax on manufacturers of, 5965, 5971 (2), 5972. Sunday operation on prohibited, penal- ty, 6024. STILL WINES Internal revenue tax, 6110bſa.]. STIPULATIONS Admiralty, release of property seized, 1567. - Place of hearing on appeals trict Court of Alaska, 1126. STOCKBRIDGE MUNSEE INDIANS Homesteads of, exempt from tax, 4607. May acquire homestead, and abandoned portion of their reservation may be sold, 4606. STOCK GRAZING Lassen Volcanic National Park, regula- tions, 5249f. STOCKHOLDERS See National Banks. Federal reserve banks, dividends, 9791. Liability, 9786(4). State banks as, 9792(1-4). United States, in corporation formed by Shipping Board, 8146f. STOCK RAISING Employment of farmers and stockmen to direct stock raising by Indians, 4028. Homesteads, 4587a-4587k. STOCK RESERVOIR, ACT See Reservoirs. Text of act, 4939-4942. STOCKS See Federal Reserve Banks ; Banks. - Commission to investigate issuance of by railroads, 8602. Federal controlled transportation Systems, 31.15% g. Held in trust for Indians, custody to Treasurer, 4075. Internal revenue tax on, 63.18a. , 6318i-6318k, Appendix p. 1779. Amount, 6318h. Of United States exempt from taxation, 6816. STOHLEN Checks, duplicates, 6645, 6646. Money or property from mails, delivery to owner, 7607. - Receiving property stolen in course of interstate transportation, 8603. Treasury notes, credit to be allowed to officers innocently paying, 6822. STONE Customs duties on, 529107-101). National forests, used by settlers, 5128. Permits to use from public lands for ir- rigation works, 4741. STONE LANDS See Timber and Stone Lands. ..STOPPAGE IN TRANSTITU Bona fide purchaser of order bill of lad- from Dis- etc., National transfer of ing issued by Interstate carrier has superior lien, 8604t. STOPPAGES - Pay of soldiers, applied to support of Soldiers’ Home, 9220. STORAGE See Conservation of Food and Neces- sa'ries. Accommodations for departments, of, 6932. lease | STORAGE (Cont'd) Cargo of vessels in distress, 5584. Conspiring to limit facilities for storage of necessaries, 31.15%i. Explosives, regulations when United States at war, 31.15%a-31.15%kk. Food and necessaries, charges, 31.15%g. Imported food or drugs adulterated or misbranded, 8727. Imports, fines covered into treasury, 5795. Insecticides and fungicides, 8775. Merchandise at quarantine, 9152, 9153. Special tax on occupation, 5959. Waters under reclamation law, contracts for excess, 4738. STORE-HOUSE Authority of Commissioner of Indian af- fairs to hire, 4048. Panama Canal, 10042. STOREEKEEPER-GAUGER Internal revenue, bond, 5874. Charge of, bonded warehouses, 6058. Bottling of spirits in bond, 6070. Special bonded warehouses for fruit brandy, 6050. Compensation, 5870. When assigned to small distiller- ies, 5872. When detailed to fruit distilleries, 61.14d. When employed at Small distill- eries, 5871. When traveling, 5873. Details, duty in other district, 5876. Fruit distilleries, 61.14d. Duties, 5874. . Leave of absence, 5877. Limit on number, 5878. Tººter from one place to another, STOREKEEPERS See Naval Storekeepers. A. offense, sale of liquor to Indians, 8. Authority of commissioner of Indian af- fairs to hire, 4048 Customs bonded warehouses, compensa- tion for services in supervision of warehouse for Mexican peas, 5671a. Internal revenue, account of materials used in distillery warehouse, 6082. Appointment, 5862. Assignment and transfer of to distill- ery warehouses, 5863. . Bonds, 5862. Charge of, bonded warehouses, 6009. Bottling of spirits in bond, 6070. Distillery bonded warehouses, 6013. Distillery warehouse, 6082. General bonded warehouses, 6058. Special bonded warehouses for fruit brandy, 6050. Compensation, 5862. Limit of, 5869. Night service, 5571. When assigned to small distill- eries, 5872. When employed at Small distill- eries, 5871. When traveling, 5873. Daily returns to collector, 6081. Detailed for duty in other district, 5876. Employment at small distilleries, 5871. Engaging in other business, 5862. Leave of absence, 5877. Number, 5862. Limit on, 5878. Oath, 5862. Offense, removal of spirits from bond- ed Warehouses unlawfully, 6080. Penalty for use of materials in or removal of spirits from distillery in absence of, 6025. Performance of duties 5869. Reports, merchandise in warehouse, 08.1 • of gaugers, Special bonded Warehouse to be in charge of, 6039. Temporary Storekeepers in case of ab- sence, sickness, etc., 5864. Transfer from one place to another, 5883. Warehouse-books, 6081. Contents, etc., 6081. GENERAL INDEX [Page 23441 [References are to sections, except where otherwise indicated.] STORES See Military. Stores and Supplies ; Na- ºval Supplies. . STOWAWAYS . Exclusion from United States, STRAIGHT BILL OF LADING See Bills of Lading. - STRANDING WIESSELS Navy, punishment, 2965 (10), 2969(11). STREET FAIRS Special excise tax, each state, 5980h. STREET RAHLROADS Carrying mails, 7431a, 4289%b. liability to tax in 7431aa, Appendix Drinking liquors on street car in Alas- ka, 3643i. Interstate commerce commission, regula- tion of rates, etc., not applicable to, 8583. . . . . Intoxication of persons cars in District of Columbia, 34.21%.n. Mail boxes on street cars, 7262. Porto Rico, franchises, 3782. - Taking possession of by Government, 3.115*/16d, 3115*/16dd, 3115°/4a. STRIKES - - Injunction not to be granted in cases be- tween employers and employés unless to prevent irreparable injury, etc., 1243d. . STRIKING See Assault. Flag in navy without authority, punish- ment, 2965 (12). - Navy, persons in, punishment, 2969(3). Superior officer in army, 2308a, arts. 64, Superior officer in navy, 2965(3). STUDENTS Immigration, 4289%b. STURGEON BAY Illinois, parts nonnavigable, 9843. SUBAGENTS See Indian Agents. SUBLETTING Alaska, coal land leases, 5078m. Contracts to carry mail, 7452, 7453, 7455. Duties of employés of Congress, 63. SUBMARINE BASES Obtaining information concerning, 102.12a. SAJEMARINE CABLE ACT See Swbmarine Cables. Text of act, 10087-10099. SUIBMARINE CABLES Alaska, estimates for extensions, Appeals and writs of error, 10099. Cables to which act regulating applies, 100.98. Charges to be just and reasonable, 8563. 6704. Classification of messages permitted, 8563. Common carriers, 8563. Damages, penalties not to bar suit for, 100.94. . Definitions, convention, 10096. Masters, 10096. Person, 10096. Vessel, 10096. - Exchange of Services. With common car- riers, 8563. - - Fishing vessels to keep nets, etc., from, 100.91. Injury, etc., negligently, punishment, 10088. Saving of life, 10089. Wilfully, punishment, 10087. Jurisdiction, civil suits, 10099. Offenses, 10099. Mºs of offending vessels punishable, Messages, charges, 8563. Classification, 8563. Nationality of , offending vessels to be shown, penalty for failure, 10093. Regulation as common carriers, 8563. Summary trials, 10097. Venue, civil suits, 10099. Offenses, 10099. Vessels laying, avoidance of buoys ing, 10090. Lights, international rules for, 7840. Signals, 10090. Warships, duties of commander, 10092. SUBMARINE MINES Injuries to, 10208. mark- in charge of Street SUBMARINE OFFICERS Quarters for, 676.1a, Appendix p. 1781. SUBORNATION OF PER JURY See Evidence ; Indictment ; tions ; Perjury. Affidavits of labor or improvements on mining claims in Alaska, 5051. Extradition for, of fugitives from foreign Country, 10110. Indictments, 1688. I??struc- Subornation before naval courts mar- tial, 1689. Punishment, etc., 10296. Search warrant, proceedings for obtain- ing, 10496%s, 10514a–105.14d. SUBPOENA - - Accused’s right to compulsory process (Const. a.m. 6). Philippines, 3810. Porto Rico, 3803a.a. Arbitration between carriers and em- ployees, 8670. Attachment of witnesses without previous subpoena in prosecution for bigamy, etc., 1493. Auditor 3803gg. Porto Rico, issuance by, Bureau of War Risk Insurance, 514kkkk. Claims against United States in Execu- tive Departments or Bureaus, 266. Clayton Act violations, 8835m. Compelling obedience, 268. Claims pending before Congress, 6410. - Commissionerſ of Interstate Commerce may sign, 8586. - Contested elections of members of House of Representatives, 167, 168, 169, 17t. Court-martial, 2308a, art. 22. Naval militia, 3078a (50). Court of Claims, 1159. 3035 Court of inquiry, navy, iſ a Depositions in District of Columbia, 1482, 6409, Depositions in proceedings before regis- ters and receivers, 4502. - . Determination of pension frauds, 9075. Employés Compensation Commission, pow- er to issue, 8932OO. & Federal controlled transportation sys- tems, proceedings to determine com- pensation of, 31.15% c. Federal Trade Commission, power to is- sue, etc., 8836i. Immigration inspectors, Of witnesses, 4289%i. Interstate Commerce Commission, attend- ance and testimony before, 8576, 8586. Marshal of Supreme Court, fees, 1393. Marshals, duties, 1386. Fees, 1386 Naturalization proceeding, 4353. Registers and receivers, 4499, 4502. Disobedience, 4501. United States Tariff Commission, attend- ance of witnesses, 5326g. Where to run, 1487, 8835l. Witnesses on behalf of United States, 488. , SUBPOENA DUCES TECUM - Courts-martial, naval militia, 3078a (50). Militia courts-martial, 3049g. Obtaining and enforcement, 1480. SUBROGATHON Purchaser's right at state irrigation dis- trict sale, 4695f. - Rights of purchasers of lands sold for drainage charges in Minnesota, 4975. Trustee in bankruptcy, 9651. United States, to employé's right of ac- tion against third person causing injury, 8932mm. - º, on government aided railroads, SUBSCRIPTIONS See Federal Reserve Banks. Federºeserve bank stock, 9786(3, 8–10), By state banks, 9792(1). - Payments may be made in advance, engi- neer school, Washington, 6652b. Quartermasters Corps, 6652a. attendance Publications for, Agricultural Depart- ment, advances for, 6652. - tº Immigration service, advances for, 6651. SUBSHEDIES - Government aid to railroads, see Rail- Todds. Panama railroad to United States, continuance of, 10052. - dis- ſ SüIBSISTENCE Allowance for to army and navy Officers ; men in coast survey service, 8559, American Red Cross Association, 7706. District attorney for District of Colum- bia, 1432a, Appendix p. 1746. - Expenses of teachers instructing chil- dren of keepers of lighthouses, 8435C, Appendix p. 1792. Government employé, computation of monthly pay in case of injury, 8932ff. Internal revenue agents, per diem in lieu of, 5861, 5861a. - Limitation on, 3236a. Marshals and office deputy marshals per diem in lieu of, 1424a, Appendix p. 1746. Militia, 3066, 3066b, 3068. - - Naval militia, encampments, maneuvers and field instruction in connection with regular navy, 3078a (21). - . Officers and employés of Agricultural De- partment, 811. Panama, Canal, examiners of accounts, per diem in lieu of, 10054c. Purchase of supplies by army, navy and marine corps, 1954a. Reserve officers’ training corps, allowance to, 18811, 1881n. Sales, proceeds of, disposition, 1952a. Training camps, 3071b SUBSISTENCE DEPARTMENT ARMY Bonds of officers, 1966. Chief of Staff to have supervision, 1763. Commissary-sergeants, 1794. Composition, 1793. Contracts for subsistence supplies, 6844. Insane persons admitted to insane hos- pital, 9301. Officers not to trade, 1953. Part of army, 7. IN Possession of funds by disbursing officers for subsistence of army or payments of Small amounts, 6613. Post commissary sergeants for, 1794. Post quartermaster sergeants, 1788. Promotion, 1905. Provisions concerning contracts by, 6844.' Purchase and issuing Supplies to Army, 1795 Purchase and transportation of supplies, 321 Purchases not to exceed necessities of year, 6884, 5. * Quartermaster Corps, established by Con- solidation, 1779. Officers to perform duties, 1779. Rations to co-operating naval detach- ments, 1796. Sale of supplies to officers and enlisted men, account, sales of military Supplies, 1954. - Sale of Supplies to other bureaus, 1961. Sale to officers and enlisted men, 1955– 1958. Statements of money received from pro- ceeds of public property, etc., 6745. SUBSTITUTES . For army service prohibited, 2044c. - Clerks in first and second class post- offices, compensation, 7236. 7245a, Appendix p. 1786. Clerks in postal service subpoenaed as witnesses, 7246. Letter carriers, 7243. Appointment, 7235. - Compensation, 7235, 7236. Rural mail service, 7294, 7298. Postal clerks, absence other than annual leave, 7245. - Leave of absence, 7523. Promotion, 7517a. e R. free delivery service, carriers, 7294, Seamen’s rations, 8392. SUBTREASURIES Control of by secretary of treasury, 6938. Expenditures for contingent expenses, re- ports of, 276. • Investigation of work of, 3286f. SUCCESSORS Included in “company” or “associa- tion,” 5. w SUFFEAGE See Elections. Crimes against right of, Rights. Abridgment because of race, color, etc., prohibited (Const. am. 15, § 1). Denial, reducing representation in Con- gress (Const. am. 14, § 2). See Civil GENERAL INDEX [Page 2345] [References are to sections, except where otherwise indicated.] SUFFFAGE (Cont'd) Officers of Army or Navy not to interfere with . right of, 3965. Right of, not to be affected by race, col- or, etc., 3966; (Const. am. 15, § 1). Senate, states not to be deprived of equal suffrage in without consent (Const. art. 5). SUGAR Customs duties on, 52910177-180). Export duties from Virgin 3924%d. Impo; drawback, change of casks, Sampling, 5611. Standard selected by Secretary of Treasury, 5610. - Merchant vessels to be provided with, 8358, 8359. - Sale of samples by department of agricul- ture, 832a. Time for unloading from vessel, 5573. Transportation, vessels engaged in coast- ing trade, 8112, 81.13. Vessels trading between neighboring districts, 8101-8104, 8109. * Vººl laden with, consigned “for orders,” Islands, SUITS See Action ; and Decrees. By or against United States, see Unit- ed States. SULLOWAY ACT See Pensio?vs. Pensions, 8983-8985. SULLYS HHILL NATIONAHL GAME PRESERVE. Appropriations, 5277a. Care and maintenance of animals and Stocking preserve with animals, 5277a. . Establishment, 5277a. SULPHUR SPIRINGS RESERVATION N; changed to Platt National Park, Injunction ; Judgments IPARK SUMMARY COURTS-MARTIAL See Cow'rts-Martial. SUMMARY COURTS-MARTHAL ACT See Coſwºrts-Martial. Text of act, 2297, 2308a (2, 34, 36, 50). SUMMARY PROCESS See Process. SUMMARY TRIALS See Courts-Martial. Habeas corpus, 1289. T Offenses against navigation laws, 8046- 051. Offenses relating to submarine cables, 100.97. SUMMIONS See Process. SUNDAY Compensatory time of railway postal Clerks, 7239e, Appendix p. 1786. Delivery of liquors by carriers in Dis- trict of Columbia, 3421%dd. Government printing office, 7001. Mºry academy, no studies required, Naval academy, studies not required, 2739. Operation of distilleries prohibited, pen- alty, 6024. Postal employés, etc., 7239c. Leaves of absence exclusive of, 7244. Overtime in lieu of compensatory time, 7239d, Appendix p. 1785. Post-offices, first and second class offices not to be opened on, 7199. Clerks in first and second class offices, 7238, 7239. Letter carriers and clerks at first an second class offices, 7238, 7239. º Seamen not required to do unnecessary work, 8363b. SUPERINTENDENTS See District Superintendents ; General Superintendents; Life-Saving Serv- Žce ; Rºral Free Delivery Service. Government hospital for insane, see I??.SCLºve Persons. Natio?val cemeteries, see Cemeteries. Public instruction, see Hawaii. Public Works, see Hawaii. Agricultural Department, salaries, 793. Antietam battlefield, 9368. Arlington Cemetery, 9367. Botanical garden, 3417. foreman, watchmen, SUPERINTENDENTS (Cont'd) Capitol Building and Grounds, accounts, Auditor’s examination, 420. Apparatus, etc., transferred to other branches, 3380. Appointment and powers, 3370, 3374. Architect of Capitol, office and powers transferred to, 3370. Chief clerk, to act for, when, 3371. Concerts under direction of, 3405. Control of, buildings purchased for enlargement of grounds, 3382. House office building, 3383. Power plant, 3385. Documents, models, etc., to be moved, 3380 a. Estimates, 3374. For expenses of House office build- ing, 3383. Furniture for House of Representa- tives, 3379. Inventory of property by, 3419. Prohibition against art exhibitions en- forced by, 3388. Repairs, etc., supervised by, 3373. Site for government printing office, duties as to acquisition, 6913. Statement of property made to, 3418. Ventilation, heating and lighting of House of Representatives, 3376, 3377. Ventilation and heating of Senate, 3378. Coast and Geodetic survey, distribution of §st and Geodetic survey charts, Reports of number of tion, 7059. Salary, 8561, 8561a. Coast guard, temporary rank, pay and allowances, 8459%a (2%), Appendix p. Columbia Institution for Deaf, report to Congress, 9357. Documents, appointment, 7039. Assistants, appointment, 7044. Binding of publications for distribu- tion to libraries, by, 7154. Catalogue of government publications prepared by, 7048. - Clerk in charge of congressional rec- ord, salary, 6983. Comprehensive indexes of congression- al documents, 7041. Congressional Journals for, 7030. cºressional Record, distribution, copies, distribu- cºol of office by public printer, Cº. of bills and resolutions for, 7025. Copies of public documents for, im- mediately on publication, 7041. Custody of documents subject to dis- tribution, 7039. Department publications, copies for, distribution to libraries, 7031. Departments, etc., to deliver docu- ments to, 7045. Disbursements for office to be made y public printer, 7040. phemeris and Nautical Almanac, dis- tribution to libraries and deposi- taries, 7098. Extra documents for, 7046. Geological Survey, monographs, letins, reports, distribution, 7150. Increase or diminution of for depositories, 7139. Investigation of libraries designated as depositories of documents, 7049. Libraries of departments and military and naval academies to be supplied with government, publications, 7179. Office of Superintendent of Documents in Interior Department abolished, 7043. Offices, storage and distributing rooms to be provided for, 7044. Official correspondence, free transmis- Sion by mail, 7375. Official Register, distribution, 7092. Pamphlet copies of statutes, number of copies to be delivered to for dis- tribution, 7071. Powers and duties, 7039. Principal clerk, salary, 6983. Public documents and reports for State and territorial libraries, 7022. - bul- 7149, allotment Public documents for library of Phil- | ippine government, 7138. SUPERINTENDENTS (Cont'd) Documents (Cont'd) t Reports of Eleventh census, 7043. Immigration commission, 7131. Reprinting, documents for sale, 7097. National Monetary Commission for Sale, 7140. Requisition on public blanks, etc., 7044. * Revised statutes, documents, etc., de- livered to, 7114. Salaries in office of, 6983. Salary, 6983. - Fixed by public printer, 7039. Sale of documents, 7039. Documents published for delivered to, 7039. - Proceeds of to be returned to pub- lic printer, 7039. Of report of, 7039. º Reports on Diseases of the Horse and Cattle, 7097. Statutes at Large, copies to be deliv- ered to for distribution to libraries, 7072. Subscriptions for copyright catalogues received by, 9578. Supervision of disposition of docu- ments, 7039. Unbound publications for distributions to libraries to be supplied to, 7154. TJnstitched documents and reports re- served for senators, etc., delivery to if not called for, 7022. Reservation discontinued, 7023. Field force of public building service, de- tail to supervising architect’s office, 367. Folding rooms of Senate and House, ap- pointment, 7050. Assistants, 7050. - Distribution of documents on order of, 7039. Distribution of documents previously stored at Capitol, 7042. Government hospital for insane, 9293–9297. Hot Springs Reservation, free bath for indigents, 5251. Powers, 5253. Indian reservations, reports of offenses by Indians, 4126a. * Indian schools, appointment, tions, duties, 4167. Report to Commissioner of Indian Af- fairs, 4167. Interior department building, designation, salary, 669. Internal revenue, superintendent of ex- portation and drawback, appointment, compensation, etc., 5880, 5881. Irrigation of Indian lands, 4205c, 4205e. Library building and grounds, 134. Salary, 134a. 134a, Appendix p. 1737. Life-saving service, assistant Superintend- ent, appointment, salary, 8460. Pºet superintendents, 8520-8524, 8526, 7. printer for qualifica- General superintendent, appointment, salary, duties, etc., 8460, 8461. Investigation of shipwrecks, 8464. Transfer of apparatus, etc., 8518. Lighthouse, designation of army engin- eers, 8446a, Appendix p. 1792. Salaries, 8446a, Appendix p. 1792. Transfer of lighthouse inspectors, 8446a, Appendix p. 1792. Meters at Capitol. 3375. Metropolitan police of District of Colum- bia, duties, 9334, 9335. Military Academy, 2222, 2247. Appointment, 2224. Leave of absence, 2253, 2254. Pay, 2258. Rank, 2221. Military instruction in colleges, 2283-2295a. Mints, absence, chief clerk to act, 6439. Accounts and settlements of coiners and melters and refiners, 6508–6510. Appointment, 6431. Appointment of substitutes in absence of officers with consent, etc., 6439. Bars, delivery to by melters and re- finers, 6501. Bonds, 6438. Bonds of assistants, etc., 6438. Books, etc., of treasurers of mints, examination by, 6654. Bullion, delivery to assayers, 6443, 6468. Purchase for silver coinage, 6473. Weighing and valuation, 6467. Carson City, assistant treasurer, 6583. Clippings, duties as to, 6507. GENERAL INDEX IPage 23461 [References are to sections, except where otherwise indicated.] §UPERINTENDENTS (Cont'd) Mints (Cont'd) Coiners, duties of devolved upon, 6432. Coins, delivery to, 6443, 6505. Delivery to depositors, 6511. Duties as to, 6443, 6505. Denver, salary, 6423. Dies, destruction in presence of, 6521. General powers and duties, 6440, 6441. Gold, deposits with, 6565. - Ingots, delivery to coiners, 6499. Duties as to, 6497–6499. Medals, regulations for striking, 6522. Melters and refiners, duties of devolved upon, 6432. Minor coins, exchange, 6495. Purchase of metal for, 6.494. Oaths, 6437. - Oaths of employés, 6437. Office created, 6431. Ordinary expense account, 6510. Pººlephia, regulations as to medals, Reports by, 6440. Salaries, 6434. Standard weights, testing, 6520. Statement of balance sheet to director of mint, 6510. Tºurer, duties of performed by, 33. - Trial pieces, duties as to, 6505, 6506. Wages, determination by, 6435. National armory, 3079. Pay, 3080. National cemeteries, 9365-9376. 9368, Appendix p. 1798. National military parks, arrests by, 5286. National parks, powers, oaths to expense account administered by, 3262. National Training School for Boys, ac- count for support of boys from Dis- trict of Columbia, 9409, 9409a. Appointment, 9395. Bond, 9397. Powers and duties, 9398, 9399. Nautical schools, 2764. . Naval academy, 2743–2746. Naval construction of Light-House Serv- ice, 896. Naval observatory, pay, 661. Nurse Corps, 1831. Navy, 2518. Pay and allowances, 1832, 1832a. Postal, service. assignment of clerks to, 1. Assistants, allowance for traveling ex- penses, 7508. Blank agency, 572. Assistants, 572. Compensation, 7231. Division of finance, bond, salary, 578. Employment as inspectors, 7551. Foreign mails, 572. Free delivery, assistants, expenses, 573. Money-order system, foreign mails, and blank agency, 572. Issuing order to correct error, 7566. Railway mail service, 7548. Assistant general superintendent, #pointment, Salary, expenses, Expenses, 576, 577. Rural delivery, appointed post-office inspectors, 7297. Special agents in charge of divi- Sion designated as, 7295. Salaries, 7507. Post office building, 572. Prisons, member of board of parole, 10536. Fº buildings, reports in estimates, Public schools in District of Columbia, approval of admission of deaf mutes to Columbia Institution, 9351. Schools, removal for failure to teach ef- § of alcoholic drinks and narcotics, Senate and House_document rooms, ap- pointment, 7037. Documents allotted to, Congressional Record, 7090. State, War and Navy building, appoint- Inent, 3328. Distribution of pendix p. 1775 Duties, 3329a–3329c. Nayy Annex in State Department, in charge of, 3329. Salary, 3328, Appendix p. 1775. Supplies in government printing office, salary, 6983. Treasury building, certifying to accounts for contingent expenses, 371. employés, 3329cc, Ap- SUPERINTENDENTS (Cont'd) Treasury building (Cont'd) Detailed accounts of expenses for each bureau, 371. Expenditures for furniture and repairs, account, 375. t Report of accounts, 397. Rooms for Department of Justice to be provided by, 527. Salary, 353. United States prisons, appointment, 10555. Assistant superintendent, 10555. SUPERSEDEAS Bond for, in error or on appeal, 1660. How obtained on writ of error, 1666. SUPERVHSING ARCHITECT Appropriations, 6795. Construction of central heating, lighting and power plant, 3332. Detail of field force for service in office of, 367. Expenses of, 367. Employees in office of, application of civil service rules, 6795. Plans, etc., for public buildings, 6905. Furniture for new buildings to Con- form to, 6937. Payment of expense of, 6916. Prepared in office of, 6915. Reports of number and cost of custom houses, etc., 6940. Salaries in office of, 357. Estimates for, 357. Salary, 352, 357. f - Technical experts, civil service laws not applicable to certain, 358. Eligibility, 358. Salaries, 358. SUPERVISING INSPECTOR GENERAL See Steam, Vessels. SUPERVISING HNSPECTORS STEAM-VESSELS See Steam, Vessels. Sūſ PERVISORS See Steam, Vessels. N š. York Harbor, see New York Har- O?". Census, appointment, 4393. Certifying accounts of enumerators, 4394. Clerks, false swearing as offense, 4408. Commission to enumerators, 4396. Compensation, 4395. Correction of returns of enumerators, OF Death, compensation for services ren- dered, 4401. - Districts, 4393. Duties, 4394. Employment of enumerators, 4394. . False certificate or fictitious return, False swearing, 4408. Number, 4393. Oath, 4405. Offenses, return, 4408 False swearing, 4408. Publishing or communicating informa- tion, 4408. * Receiving compensation for appoint- 3. ment of, 4407. Refusal to perform duties, 4408. Removal of enumerators, 4398. Vacancy, appointment of temporary Supervisor, 4393. - Foreº sale of timber on national forests, Selection, 5152. SUPPLEMENT TO REVISEE STATUTES See Revised, Statutes. SUPPLIES See Military Stores Postal Supplies ; Provisions ; Contracts. Government printing office, see Gov- ernment Printing Office. Mºv, see Military Stores and Sup- plies. Navy, see Naval Supplies ; Navy De- partment ; Swpplies and Accounts, Bºreau of. e Purchase for Post-Office Department, see Purchasing Agents. Advance payments to contractors, 6648a. Agricultural Department, 813. Advertisement unnecessary when amount does not exceed $50, 6834. Bureau of mines, open market purchases Outside of District of Columbia not ex- ceeding $50, 6836b, Appendix p. 1783. and Supplies ; Pºſblic false certificate or fictitious SUPPLIES (Cont'd) Coast and Geodetic Survey, 6774. Purchase outside District of Columbia not. exceeding $50, 6836d, Appendix p. 1783. cºissions on Industrial Relations, Contracts for, n º e e 6832-6873. ecessity of advertising, Report of, 386. Cº. and jūdicial officers, expenditures, Dealings in by persons in naval service forbidden, 2972. Department of commerce, purchase out- Šide. District of Columbia not exceed- ing $25, 6836e, Appendix p. 1783. Department of labor, purchase outside Q: District of Columbia not exceeding $25, 6836f, Appendix p. 1783. Departments, contracts limited to one year, 6888 Purchase of miscellaneous, 6833. Depots for on Pribilof Islands, 8865. Pºgºal of proceeds of sales, 6609, 6610, District of Columbia, advertisements un- necessary when amount does not ex- ceed certain sum, 6836. Government printing office, purchāse of press Supplies, 6996. Indians and Indian service, purchase, ad- Vertisement, 4040, 6835, 6835a. Advertisement unnecessary when un- der $50, 6835a. Aºpriations for, when available, Bids, certified checks, drafts or cash- ier’s checks, 4042. Commutation of rations, payment per • capita, 4061. Contracts in addition of appropria- tion, 4046. Distribution so as to prevent deficien- ' cy in appropriation, 4064. . Issued only on performance of serv- ices, exceptions, 4062. Not to be paid when purchased with- out authority, 4045. Payment for wagon transportation, Times for giving out, 4047, 4063. Transportation by common carrier, Transportation by Iand-grant rail- roads, basis and rate of compensa- tion, 10067. Typewriters, limitation on price, 6836a. Inspection of fuel in District of Columbia, 6838–6840. Lighthouse service, furnished from gener- al stock, 8459. oº: etc., not to be interested, Sale of condemned, 8451. Medicines and medical, purchases of, 6850. Military academy, purchase for départ- Hºt of instruction, 6861a, Appendix p. Miscellaneous for departments, of, 6833. National Home for disabled Volunteer Soldiers, 9258, 9.277. Ordnance Department, 1855. Obligations for in addition to appro- priations specifically authorized, 6648b. Panama Canal, 10042. Postal service, contracts for, 7260–7266. 7. schedule Parcel post system, 7322, 732 Tºportation by freight or express, Post-Office Department, manufacture by convict labor forbidden, 6891. Purchase of, 579. Stationery and fuel, inventories, etc., unnecessary, 586. Pºulºs; appropriations for, avail- ability for use in temporary rented quarters, 6936, 6936a. p y rent Public printer to furnish certain supplies to departments, 6997. Purchase Without payment of internal- revenue taxes, 6367. Quartermasters and Commissary Depart- ments, advertisement for, 6845. Purchase of, 6846. Reclamation Service, purchase outside District of Columbia not exceeding $50, 6836c, Appendix p. 1783. Requisition for army and navy, 31.15%ii. Sale #. war supplies, 6941aa, Appendix p. © Soldiers’ Home, contracts for, 9234. GENERAL INDEX [Page 2347] [References are to sections, except where otherwise indicated.] SUPPLIES (Cont'd) - Statement of proceeds of sales in Book of Estimates, 6742. Statement of proceeds of sales separate from Book of Estimates, 6743. Vessels, lien, 7783, 7787. War Department, contracts for, 6843. sºvies AND ACCOUNTS, BUREAU See Navy Department. SUPPLY SERGEANT Cavalry, 1718. Coast artillery, 1731a. Engineer corps, 1842a. Infantry, 1738a. JPay, 2144a. 2144a, Appendix p. 1759. SUPPLY SHIPS Navy, sale of unsuitable vessels, 2787a. SUPPORT - Families of members of National Guard drafted into United States service, 3052b–3052d. SUPPRESSION See Depositions. SUPREME COURT OF DISTRICT OF COLUMBIA See Court of Appeals for District of Columbia. Actions under copyright laws, 9547, 9555. Appellate jurisdiction of United States Supreme Court in bankruptcy proceed- ing, 1229, 9608. Appointment of district attorneys and marshals to fill vacancies, 1320. Bankruptcy jurisdiction and powers, 9586. Condemnation of land for public use, procedure, 6914. Depositions for use elsewhere, 1482–1485. Enforcement of injunction against fringement of trade-mark, 9505. Federal Reporter and digest for, 1206. Grand juries, discharge, 1262. Insane persons, delivery on bond, 9326. • Restored to legal status on discharge, 3.18. Justices, proceedings for taking deposi- tions to be used elsewhere, 1482–1485. Supreme Court reports for, 1203. Suits for false claims against United States, 6412. Trade-mark suits, 9502. SUPREME COURT OF HAWAII See Hawaii. SUPREME COURT OF PORTO RICO See Porto Rico. SUPREME COURT OF UNITED STATES See Certiorari. General provisions, 1191-1232. * Adjournment, to another place in case of contagious or epidemic disease, 9181. For want of quorum, 1208. Appeals, admiralty causes, 1585. Amendments, 1664, 1665. Anti-trust Act cases, 8825. Appellate jurisdiction, 1213. Amount in controversy, 1218, 1219, 1222, 1223, 1225a, 1229, 1231. Circuit courts of appeals cases, 1648. Bankruptcy, 1229. Bonds, when required, 1660, 1661. Cases tried by courts, 1668. Circuit Court of Appeals, 1218. - Panama Canal Zone Cases, 10045. Time for taking, 1228a, 1648. Citation, 1659. Civil rights, 3930. Commerce cases, 998-1002. Affirmance, reversal or modifica- tion, 999. - Bonds, 999. Injunctions against orders of In- terstate Commerce Commission, 999 Interlocutory injunction Suspend- ing or restraining orders of In- terstate Commerce Commission, 998. Priority of hearing, 999. Record. 999. Supersedeas, 999. Time for, 998, 999. Court of appeals of District of Colum- bia, 1227. Court of claims, 1219. Indian cases, 1173. Right of, 1172, 1173. Suit by railroads for moneys with- held by United States, 10068. in- | SUPREME COURT OF UNITED STATES (Cont'd) Appeals (Cont'd) Court of claims (Cont'd) Suit for transportation of proper- ty or troops, 10065. Tº and manner of, 1172, 1173, Customs cases, 57.17. Damages and costs on affirmance, 1671. District courts, 1215, 1646. Alaska, 1224. Hawaii, 1215. Porto Rico, 1215, 3803r. Time for taking, 1228a, 1649. Prize cases, 1650. Forma pauperis, 1626. Habeas corpus, 1279–1293. Injunction against enforcement of State law, 1243. Monopolies, etc., 8825. Notice, 1000. Other cases, 1218. Porto Rican courts, English language to be used, 3791. Porto Rico, 1223, 3803rr. Prize Cases, 8413, 8414. Powers of district court, 1667. Procedure, 1646–1673. Records, cost of printing, 1231. Reversal for error in ruling on and abatement, 1672. . Rºw in cases tried without jury, 668. Subject to same rules as writs of er- ror, 1673. Supreme courts, Mexico, 1222. Hawaii. 1223. Philippine Islands, 1225a, 1225b. Porto Rico, 1223, 3803rr. Territorial courts, 1652. Territory becoming state, 1226. Time for taking, 1000, 1228a. Transcript, 1654-1657. Printed record in court below as part of, 1657. United States Courts for China, 7689. Bail in capital cases, 1680. Certified questions, 1229. Appeals from District Court of Alas- Ka, 1125. Circuit court of appeals, 1216. Clerk, appointment, 1195. Attorneys not to act as, 1250, 1251. Bond, 1196, 1322. ! Filing in department of justice, 1196. - Liability on for acts of deputies, 1197. New, 1196. Books from library of congress, 139. Congressional Record for, 7090. Deputies, appointment, 1197. Liability for acts of, 1197. Oath, 1321. Removal, 1197. Arizona, and New Fees, 1411. Annual returns, 1401. Oath, 1321. Requisitions for printing or binding by, 7172. Supreme Court reports for, 1203. Vacancy, failure to give new bond, 1196. Writs of error, issue by, 1663. Costs and fees in Court of Customs Ap- peals, approval of, 1182. Decisions, effect, to be followed by count- ing officers, 451. District attorneys, vacancies, 1320. - Federal Reporter, purchase and distribu- tion, 1206. º: Fees, table of, 1199. Fees in circuit courts of appeals, revi- sion of table of, 1377. - Government cases, conduct and argument of, 533, 536. Habeas corpus, 1279–1293. Insane person’s caretaker, bond of, 9326. Issues of fact, trial by jury, 1212. Judgment or decree on review, 1669. Jºlº, power vested in (Const. 3, - Jurisdiction (Const, art. 3, § 2, cl. 2). Aºnt in controversy, 1219, 1221-1222, appointment to fill approval of art, plea. SUPREME COURT OF UNITED STATES (Cont'd) Jurisdiction (Cont'd) - Appellate jurisdiction (Const. art. 3, § 2, cl. 2). Bankruptcy, 9586, 9608, 9609. Concurrent jurisdiction, 1210. Customs cases, 1187. Original jurisdiction, art. 3, § 2, cl. 2). Justices, associate, adjournment of court to another place in case of epidem- ic, 9181. Associº allotment to circuits, 1111, 1210; (Const. Appointment (Const. art. 2, § 2, cl. 2). Arrest of offenders, 1674. Bail for offenders, 1674. Capital cases, 1680. Bºº from library of congress, 39. Congressional Record for, 7090. Designation of for hearing anti- trust cause, 8824. - Precedence, 1192. Quorum, 1191. Regulations for law library, 143. Eor library of congress, 125. Salaries, 1194; (Const. art. 3, § 1). Exempt from income tax, 6336d. Signing citation in error, 1659. sºs in circuit courts of appeals, 112. Statutes at Large for, 7072. Term (Const. art. 3, § 1). Use of law library of library of congress, 143. Vºy in office of chief justice, Bail in capital cases, 1680. Certificate of probable cause for al- lowance of habeas corpus appeal, 1293. Chief justice, adjournment of court by, in case of epidemic, 9181. Allotment to circuit, 1111. Appointment (Const. art. 2, § 2, CI. * Arrest of offenders, 1674. Bail of offenders, 1674. Books from library of congress, 139. Congressional record for, 7090. Designation of circuit judge to hold district court, Designation of judge to act in case of accumulation of busi- ness, 982. Designation of judge to act in case of disability of district judge, 980, 982. Designation of judge to hear anti- trust cause, 8824. Impeachment of President, pre- siding Officer Of Senate (Const. art. 1, § 3, cl. 6). National Home for Disabled Vol- unteer Soldiers, membership in board of managers, 9238. Regulations for use of law library, 143. Salary, 1194; (Const. art. 3, § 1). Exempt from income tax, 6336d. Signing citation in error, 1659. Sitting in circuit court of appeals, 1112. Smithsonian Institution, member and regent of, 10565, 10566. Statutes at Large for, 7072. Supervision of purchase of , books for law library of congress, 124. Term (Const. art. 3, § 1). Use of law library of library of Congress, 143. Vacancy, 1193. Citation in error, issuance, 1658. Copies of statutes at large for use of during terms of court, 145. Habeas corpus, power to grant writs, 1280. Holding to security for peace and good behavior, 1247. Income tax exemptions, 6336d. GENERAL INDEX IPage 2348] [References are to sections, except where otherwise indicated.] SUPREME COURT OF UNITED STATES (Cont'd) Justices (Cont'd) Injunction, 1241. Against enforcement of utes, 1243. Ne exeat, 1238. Number, 1191. Oath, 1234. Supreme court reports for, 1203. Warrants for arrest of fugitives of foreign countries issued by, 10110. Law library, Supreme Court reports for, 1203. Mandamus, 1211. Mandate to inferior court, 1669, 3387, 3391, note. Marshal, appointment, 1195. Appointment of assistants and mes- sengers, 1200. Appointment to fill vacancies, 1320. Attendance on court, 1200. Custody of property, 1200. Duties and powers, 1200. Fees, 1393. Salary, 1200. Supreme Court reports for, 1203. Messengers, appointment, 1200. Orders, execution, 1200. Less than quorum, 1209. Printing and binding for, certificate of necessity, estimate of cost, requisition for, debiting of cost, 7172. - Prohibition, writs of, 1211. - Quorum, adjournment for want of, 1208. Orders by less than, 1209. Records, cost of printing, 1231. Old court of appeals, 1198. Restoration of lost or destroyed after removal to, 1515. - Remand, 1670. To district courts, 1002. Reporter, appointment, 1195. Books from library of congress, 139. Clerk hire, 1202. Duties, 1201. Salary and allowances, 1202. Reports, copies for attorney general, 1201, 1202 state stat- Distribution, 1201-1205. Permanent appropriation for, 6799(50). Printing, 1201. - Sale price, 1202. Review after jury (Const. am. 7). Rules, copyright cases, 9546. Forms and orders for bankruptcy pro- ceedings, 9614. Forms of proceedings, pleadings, etc., in equity and admiralty, 1543. Proceedings in equity and admiralty, 1536. Taking proof in equity and admiralty causes, 1470. Scire facias, 1239. Seals, how provided, 1534. Subpoenas to witnesses in claim proceed- ings before Executive Departments or Bureaus, 266, 268. Terms, 1207. Special, 1207. * Women admitted to practice before, 1232. Writs and process, execution, 1200. Power to issue, 1239. - Signing and sealing, 1534. Teste, 1534, 1535. * Writs of error, 1214-1230. Amendment of, 1664. Amount in controversy, 1218, 1219, 1222, 1223, 1225a, 1231. Assignment of errors, 1653. Bonds, when required, 1660, 1661. Capital cases, 1703. Circuit Court of Appeals, 1218. Time for taking, 1648. Citation in error, 1653, 1658, 1659. Court of appeals of District of Colum- bia, 1227. Criminal cases on behalf of United States, 1704, 1704a. Damages and costs on affirmance, 1671. District Courts of United States, 1215. Alaska, 1224. Hawaii, 1215. Porto Rico, 1215; 3803r. Time for taking, 1228a, 1649. Issued, 1663. trial, restrictions SUPREME COURT OF UNITED STATES (Cont'd) Writs of error (Cont'd) Other cases, 1218. Prayer for reversal, 1653. Procedure, 1646–1673. Records, cost of printing, 1231. Printed record as part of tran- script, 1657. Reversal on error of ruling on plea in abatement restricted, 1672. Rules of court, 1812, 1813. State courts, 1214. Manner of issue, 1662. Precedence of criminal cases, 1230. Supreme Court, Arizona, 12 Hawaii, 1223. New Mexico, 1222. Philippine Islands, 1225a, 1225b. Porto Rico, 1223, 3803rr. Territorial courts, 1652. Territory becoming a state, 1226. Time for application, 1228a. "Transcript of record, 1653. United States court for China, 7689. SUPREME COURT, REPORTER, See Supreme Court of United States. SUPREMIE COURT REPORTS See Supreme Court of United States. SUPREME COURT RULES Power to make, 1470, 1536. SUPREME CORURTS OF TERRITORIES Appellate jurisdiction, 3459. Appointment of district attorneys and marshals to fill vacancies, 1320. Clerk, 3460. Equity and common law jurisdiction, 3457. Fees and costs, 3471. Justices and term, 3454. SURETTES See Bonds. Bankruptcy, discharge not to effect lia- bility, 9600. Contracts, carrying mail, 7433, 7434, 7440. Naval supplies, 6863, 6865, 6872. Public buildings or works, 6923. Stationery for Congress, 93. Corporations, 3293–3301. Internal revenue tax on surety bonds, a. 6318i-6318k, Appendix p. 1779. Amount, 63.18a. Liability, limitation of action, 3292. Notice of delinquency of principal, 3291. Official bonds, clerk of House of Repre- Sentatives, 82. Distress warrant against sureties of delinquent collectors, etc., 6624–6637. Examination as to sufficiency, 3289. Liability, 3290. Librarian of Congress, 131. Postmasters, forfeitures for failure to render quarterly accounts, 7206. Liabilities, 7195, 7197. Notice of deficiencies in accounts, 71.94. Release, 7195-7197. Referees and trustees in bankruptcy, corporations as, 9634. Secretary of senate, 81. Sergeant-at-arms of House of Repre- sentatives, 101. Superintendent of library building and grounds, 134. When to have priority of claim against principal, 6374. Release of vessel in admiralty, 1567. • Soldiers’ and sailors' civil relief, protec- tion under act, 3078%b. SORETY COMPANY ACT See Sºreties. - Text of act, .3293-3800. SURFMEN See Life-Saving Service. Coast Guard, transfer to, 8459%a (2). Compensation, 8535-8541. new sureties, Crews on Long Island and New Jersey | coasts, 8532. Employment by Secretary of Treasury, 8532, 8533. - Employment on Pacific Coast, 8534. Promotion to grade of keeper, 8459%a.(4). Rations, commutation, 8530. - Residing at stations, 8535. SURGEON-GENERAL Army, appointment, 1881. t Artificial limbs to disabled soldiers, etc., 9120, 9122, 9126. SURGEON-GENERAL (Cont'd) Army (Cont'd) 'Assistant, 1807. Appoºſent, 1806a, Appendix p. . Rank, 1806a, Appendix p. 1747. Bulletins for instruction of medical of ficers, publication, 7135a. 7135a, Appendix p. 1785. Chief clerks, salaries, 314. Chief of medical department, 1806, 1807. Contract surgeons, appointment, 1812. Lºy, binding of documents for, Medical department, master hospital Sergeant, designation of candidates for examination, 1829a. Member of board, of commissioners for Soldiers’ Home, 9214–9216. To hear appeals from commission- er in OleOmargarine contests, 6226. To hear appeals from decision of Commissioner of internal revenue as to quality of filled cheese, 6254. Interdepartmental social hygiene #4. 9188% (a), Appendix p. To prescribe regulations for licens- ing establishments for prepara- tion of viruses, etc., 8781. Nurse corps, appointment of, 2518. 1832d, Appendix p. 1748. Nurses, appointment, 1831. . Officers’ returns of public property, 439, 440. Plans and specifications for army hos- § at Hot Springs prepared by, Rank, 1806. Rations, regulation, 1837. Rules and regulations for nurse corps, 1832c, Appendix. p. 1748. Sick diet in hospital, rules, 2177. Surgeon detailed as member, of advi- sory board of hygienic laboratory by, 9143. Trusses for soldiers, 2185, 2186. Marine-Hospital Service, Hawaii quaran- tine station, 3733. Member of board to prescribe regula- tions for licensing establishments for preparation of viruses, etc., 8781. Porto Rican quarantine regulations, 3757. Navy, chief of Bureau of Medicine and Surgery, 2665. - Member of board, to hear appeals from commissioner in Oleomargarine contests, 6226. s Interdepartmental social hygiene board, 9188% (a), Appendix p. 1797. To prescribe regulations for licens- ing establishments for prepara- tion of viruses, etc., 8781. Plans and . Specifications for Navy Hos- § at Hot Springs prepared by, Surgeon detailed as member of advis- § board of hygienic laboratory by, 9143. Public health servicë, admission of pa- tients to leprosy hospital, 9184. Advisory board of hygienic laboratory, appointment of members by, 9143. Allowances to officers in leprosy hos- pital prescribed by, 9,187. Appointment, 9131. Assistant, medical officer, detailed to Division of Venereal Diseases, 9188% (c), Appendix p. 1797. Change of title, 9134. Chiefs of division of hygienic labora- tory appointed by, 9144. Conferences with State and Territorial boards of health, 9146. Co-operation with state and municipal boards of health in enforcing quar- antine regulations, 9158. Examination of Surgeons regulated by, 9132. Forms for Vital statistics prepared by, 9147. Fumigation of merchant vessels, 7734. Hospital attendants, detail for duty in laboratory by, 9139. Hygienic laboratory under direction of, 9142. + Leprosy home, 9188b, 9188c, 91886. Leprosy hospital and laboratory regu- lated by, 9186. - GENERAL INDEX * IPage 2349] [References are to sections, except where otherwise indicated.] SURGEON-GENERAL (Cont'd) Public health service (Cont'd) Quarantine, duties, 9159. Quarantine grounds and anchorageS established by, 9164. Regulations for between during epidemic, 9176. * g Regulations for medical examination of alien passengers, 4289%i. Reports, 9130, 9148. § Printing, number of copies, ing, distribution, 7136. Salary, 9129, 9135. * Reduction of contracts to writing, 68539: Salary of assistant surgeon-general, 9129, 9135, 9136. - Surgeon detailed for duty in bureau by, 9136, 9138. Surgeons and employees for leprosy hospital appointed by, 9183. states bind- SURGEONS See Medicine and Surgerſ, Passed Assistant Sºrge Oºts , Physicians ; Surgeon-General. Eacoºmining stºrgeo??.S, See Ewaminers. Army, acting assistant surgeons, pensions, 8934, 8944, 8997. Attendance on families of officers and soldiers, 1838. Contract surgeons, appointment, 1812. Authority, 1813. Eligibility for medical corps, 1816. Eligibility for medical reserve Corps, e Part of medical department, 1806. Dental corps, 1833, 1833a. Dental surgeons, 1834. Medical gorps, 1807. Assistants, 1808. Eligibility for appointment, 1816. Pay, assignment of, 2167, Traveling expenses, 2126, 2127. Alaska, 2127. Sea tºº, 2126. Retirement. 49. Services for Bureau of War Risk In- surance, 514kkk. Volunteer army, 2026i. Common carriers, free 8563. & Detail for service in foreign port, 9157. Immigration service, detailed for service in foreign countries, 959. Medical examination of alien passengers, 4289%i. º National Home for Disabled Volunteer soldiers, appointment and qualifications, transportation, O. Navy, appointment, 2493-2497. Assistant surgeons, appointment, 2494- 2497. Number, 2483, 2491, 2492, 2495, 2496, 2498 Promotions, 2484. Qualifications for appointment, 2494, 2496. Rank, 2483, 2495, 2496, 2498, 2668, 2669a, Chief of bureau of medicine and sur- gery, appointment, 64 Credit for service, 2618. Dental surgeons, 2500-2511, 25.11a-2511d. Fleet, appointment, 2520. Duties, 2521. Number and rank, 2483 2492a, 2492b, 2495, 2496, Retirement, e - Services for Bureau of War Risk In- surance, 514kkk. Oaths in quarantine matters administered by, 9166. Passenger vessels, 8002. Pension—Office, 731 Pensions, boards of examining surgeons reviewing boards, fees, 9100. Examining surgeons, etc., for pension- ers, fees, reports, etc., 9101-9106. Public health service, appointment for duty in leprosy hospital, 9185. Change of title, 9134. 9137, 9138. , 2491, 2492, 2498, 2668. Detailed for duty in bureau, Leaves of absence, 91.40. Salaries, 9129, 9135, 9136. Revenue marine service, pay and allow- ances, 8459%b (20). Vessels, signing lists of alien passen- gers, 4289%gg. War risk insurance, sons injured, 514rr. SURGERY * See Medicine and Surgery. SURGICAL ASSISTANT Medical department, 1829a. treatment of per- SURPLUS FUND See Federal Reserve Banks. Federal reserve bank, 9791(1, 2). Disposition on dissolution" or insolven- cy, 9791. Exemption from taxation, 9791(3). National banks, 9760. Unexpended balances of appropriations carried to, 6800-6807. SłJRRENHOER Medals of honor, 1940a, 1941. Persons charged by bail, 1682. sºx MANUAL LEGALIZATION See Surveys. Public Lands, 4807. SURVEYORS See Geological Swrvey; Hawaii; Swºr- veyors-General ; Surveys. SURVEYORS-GENERAL Account of Surveys, mineral lands, 4813. Private land claims, 4809. Alaska, appointment, 4438. Member of canyassing board, 3555. Salary, 4443. Secretary ex officio, 3561. Allowance, for clerk-hire, office-rent, fuel, books, stationery, etc., 4461. Appointment, 4435, 4437, 4438. Appointment and removal of deputy-sur- veyors by, 4457. Appointment of claims, 4642. & Approval of Surveys by employés of for- est service, 5173. Arizona, appointment, 4435. Salary, 4440. Bond of deputy for performance of con- * to be approved and certified by, Bonds of, 4448, 4449. Period covered, 4456. California, appointment, 4435. Salary, 4440. Payment, 4441. . Certificate of labor or improvements on mineral claim, 4622. Clerks, transfers between offices of, 4460a, Surveyors of mining Colorado, appointment, 4435. Salary, 4440. Consolidation of offices, 4444. # Copies, extracts, etc., of records, field- *. etc., to be evidence, when, 4458, 459. Delivery of field-notes, maps, etc., to state authorities, 4451-4454. Deputies, additional, oath as to correct- ness of surveys, 4466. Suit on bond of, on application of dis- trict attorney, 4467. Description of lands surveyed etc., mak- ing from field-book, 4803. Details of clerks from and to offices of, 60a. 4460a, Appendix p. 1776. Districts, 4435. 4437, 4438. Documents allotted to, Statutes at Large, 7072. Duties of, to devolve on Commissioner of General Land Office when maps, field- notes, etc., turned over to State author- ities, 4452. Rield books of deputies returned to, 4803. General duties of, 4457. Holding over duties, 4456. Idaho, appointment, 4435. Location of office, 4446. Salary, 4440. Instructions deemed part of contracts for surveys, 4807. Ransas, office abolished, 4436. Location of office, 4445, 4446. Mineral lands, plat and field notes, 4622. Montana, appointment, 4435. Salary, 4440. National forests, field notes of Surveys, filing, 5124. Surveys, approval, 5124. Nebraska, and Iowa, office abolished, 4455. Nevada, appointment, 4435. 3. Salary, 4440. New Mexico, appointment, 4435. Salary, 4440. North Dakota, appointment, 4437. Number of offices, 4445. Office to cease and be discontinued, when, 4451. Official books. papers, records, etc., in of- fice of, in California, to be kept, etc., 4464. - Cne office in each district, etc., 4445. SURVEYORS-GENERAL ( Cont'd) Oregon, appointment, 4435. Salary, 4439. Payment, 4441. Penalty on députy in Louisiana for fail- ure to comply with contract, 4468. Flat, and field notes of mineral lands, 4622. President may devolve duties of registers and receivers on, when, 4463. Residence, 4447. Šalaries, consolidated offices, 4444. Seal, 4458. South Dakota, St ; 444 ationery, etc., for mineral surveys, ho paid, 4462. yS, how Surveys, in Alaska, 4522, 5091. On application by settlers, 4811. Lands granted to certain States, 4876. #. of Office, 4450, 4456. OWn-site entries, declaratory sta filed with, 4792. y tement Deglaratory statement, transmission to General Land Office, 4792. Transfer of clerks between offices, of 4460a. 2 * *-y Utah, appointment, 4435. Salary, 4440. Washington, appointment, 4435. Salary, 4439. Wyoming, appointment, 4435. Salary, 4440. SURVEYOR'S OF CUSTOMIS Accounts, 5380, 5383, 5385, 5387. Acting collector at temporary port in case of insurrection, 10156. Appointment of inspectors to search ves- sels, 5761. Arrest of vessel departing from port of arrival without making report or entry, Boats employed for use of, 8459%b(55). Bond, 5357, 53.58. - Custody of, 3288. President may increase, 6638. Certificates of registry of vessels, coun- tersigned by, 7739. Collectors’, duties performed by, 5363 cºnsation, fines, etc., collected, Delinquency of subordinate officers pun- ished by, 5373. Deputies, 5371. Designation of clerk of office to act in case of absence, 5370. Disability, performance of duties in case of, 5367. Distilled spirits and wines landed under inspection of 5576. - Enrollment and license of vessels, 8094. Coasting trade and fisheries, 8093, 8094. Fees, 8095. Examination of, baggage by, 5498. Books, etc., of assistant treasurers, etc., 6654. \ Exportation of distilled spirits, designa- tion of Custom house inspection to su- perintend, 6.124. Fees, enrollment and license of vessels for coasting trade and fisheries, 8095. Excess paid into treasury, 5387. Service pertaining to registry or rec- ord of vessels, 7771. * Services, to vessels in domestic trade, 8136-8140, 8143. Pºent from Treasury in lieu of, Report of, 8138. Table of posting, 8142. Inspection of, merchandise, notified for exportation at the benefit of draw. back, 5738. Passenger vessels, 8012. mºtor placed upon vessels by, 5516. appointment, 4437. '5795- Inspectors’ book delivered to, 5567. Leave to inspector to quit station, 5568. List of clerks and expense account, 5383 Northern, northeastern and northwestern frontiers, blank manifests and clearanc- es, for sale, 5388. Packages not to be opened without con. sent of, 5589. - Penalties, delivering false description of vessel, 8128 Personal attention at port required, 5387 Ports where collectors and naval officeſ a are appointed, 5365. Ports where surveyors only are appoint ed, 5366. Powers, etc., at port of entry in case of insurrection, 10156. Public money, duties as to, 6638. GENERAL INDEX [Page 2350I [References are to sections, except where otherwise indicated.] SURVEYORS OF CUSTOMS (Cont'd) Rates of fees and duties posted by, 5376. Returns, deliveries countersigned by, 5581. Monthly, certified manifest or permits of vessels, 8081. - Search of certain stores, etc., 5819. Search warrants for dwellings and stores, 5769. . . . - Seizure of arms, etc., intended for ex- port, 7678d. Seizure of vessels fitting out to engage in piracy, 8045. Term, 5347. • - TJnlading of vessel in quarantine, 9151. Vessels boarded and searched by, 5770. SURVEYORS OF LANDS - Alaska, 5081. Compensation, 4824a, Appendix p. 1777. Deputy surveyors, access to field notes, etc., delivered to States, 4453. Appointed by surveyors-general, 4457. Bonds, 4465, 4467, 4468. Employment to survey mining claims, 4642. In Louisiana, penalty on, for failure to perform contract, 4468. Marking surveys, 4803. Oath of, 4457. Additional, as to correctness of surveyors, 4466. Removable for negligence and miscon- duct, 4457. . Surveys in additional Alaska, 4522. . Hawaii, 3714. : - Mining claims, appointment, 4642. Protection by marshal, 4825. Surveys, coal lands in Alaska, 5072, 5078a. Subdivisions of surveyed lands, 4818. SURVEYS See Coast and Geodetic Survey : Geo- logical Survey : Hawaii : Maps and districts of Plots ; Surveyors-General : Swºrvey- ors of Lands. Publication of foreign hydrographic surveys, see Hydrographic. Archives, etc., relating to Indians collect- ed by Geographical and Geological Sur- veys turned over to Smithsonian Insti- tution, 10577. - Coast and geodetic surveys, 8548–8562. Collections of Coast and Interior Surveys, etc., deposited in National Museum, 10576. - Common carrier’s property, physical val- uation by Interstate Commerce Commis- sion, railroads to transport engineers, etc., 8591a. . . Control of floods, 10030%.c. - Director, surveys of national forests, 5124. Distilleries, before commencing business, 6002. Military, 8562g, Appendix p. 1794. Public lands, abandoned military reserva- tions, 5004. - .3' Agricultural lands, Alabama, 4656. National forests, 5162. - Alabama, 4656. Alaska, 5045, 5081, 5091. Additional districts, 4522. Coal lands, 5072, 5078a. Mission and school lands, 5095. Rights of way, 5085, 5087. - Application of settlers in township, 4811. Arid lands, 4696. Boundaries and contents of sections ; subdivisions, how ascertained, 4804. - Cairº, compensation, 4816, 4817, 4823. Geodetic, 4821. Size of subdivisions, 4822. Swamp lands, 4964. Variation of lines from rectangu- lar form, 4822. Coal lands, 4811. Alaska, 5072, 5078a. Commissioner of general land office, duties, 699. To furnish plats, etc., 702. Compensation for Surveys in certain States, 4816, 4817, 4823. Completion, delivery of field notes, etc., 4451. Instructions deemed part of, 4807. When to be binding, 4806. . Copies as evidence, 4458, 4459. Deposits by settlers, 4811. Deemed an appropriation, 4812. Part payment of lands, 4815. SURVEYS (Cont'd) Public lands (Cont'd) Deposits by settlers (Cont'd) Permanent appropriation for re- payment, 6799 (41). Railroads, 4888, 4914-4917. Geodetic surveys in Oregon and Cali- fornia, 4821. Geological surveys suspended, 4818. Indian lands, allotment in severalty, appropriation for, how paid, 4208. Pºy for unlawfully surveying, Indian Reservations, 4099. Reports of surveys, etc., 686. Injuring or removing survey marks, 10224. Inºctions deemed part of contract, Interrupting punishment, 10225. Irrigation purposes, 776. . Irrigation works, purchase of books, etc., 4744. *. - Lands granted to certain states, 4876. Lands granted to railroads, deposit for cost of, etc., 4888, 4914-4917. Payment of cost of, 4882–4886. . Lands on head waters of navigable streams, 5176. Lands to be irrigated, 4720. Lands within limits of railroad grants, appropriation, reimbursement, re- ports, 4887. - - Lines of division of half quarter sec- tions, how run, 4805. - In Louisiana, appropriations and de- posits applicable to resurveys, 4815. Making surveys, 4803. Mineral lands, 4642. In Alabama, 4656. Fºxtension of, 4818. Repayment of excess of deposits to cover cost of, 4813. Mines, etc., notation in field notes, 4803. Mission and school lands in Alaska, 5095. - National forests, 5173. Agricultural lands in, 5162. Nevada, lines of survey, 4820. Oath of deputy-surveyor, 4466. Oregon, compensation, 4816, 4817, 4823. Geodetic, 4821. Panama Canal Zone, 10035. . Payment of cost of, 4809, 4810. Railroad grants, 4882–4886. Placer claims to conform to, 4629, 4630. Plats, 702. - - Price of, how fixed, 4808. • Private land claims, cost of, 4809. Protection of surveyors, etc., by mar- shal, 4825. Reservoir sites for furnishing water for live stock, 4941. Restriction upon surveys for private parties, 770. Resurveys, 4824a, Appendix p. 1777. Resurveys or retracement to mark Fºndaries of lands undisposed of, Rights of way, in Alaska, 5085, 5087. Railroad, on Indian Land, 4183. On rivers, bayous, lakes, etc., 4819. Rules of, 4803. Secretary of Interior to cause early completion of surveys, 4451. Stationery, etc., for mineral surveys, How paid, 4462. Subdivision of surveyed lands by local surveyors, 4818. Surveyors, 4824a, Appendix p. 1777. Surveyors-general, duties of, 4457. Swamp lands in California, 4964. Topographic surveys, 777. Townships, 4803. Town-sites, Alaska, 5079. Cost of, 4801. On failure to file map and state- ment, 4788. Under irrigation projects, 4715. Qklahoma, 5023, 5029. On tinsurveyed lands, 4787. "; or lode claims, to conform to, Wagon roads, etc., in Alaska, 5087. Washington, augmented rates 4816, 4817. Water courses, notation, 4803. Rivers and harbors, 9864–9894. California Débris Commission, 10008– for, 10010. Construction of dams, 9867. SURVEYS (Cont'd) Rivers and harbors (Cont'd) - M. Surveys to remove Snags, etc., 869 Mississippi River, by Mississippi River Commission, 9997. - Review and report upon by board of engineer officers, 9868. South Pass of Mississippi river, 9894. Stream flow measurements, 9867. sº for preliminary examination, Water shed cluded, 9867 Western and northwestern rivers, 9864. Vessels, board of survey to determine Value of vessels of alien enemies, seized, 8146s. On complaint of seaman, 8345, 8351. On complaint by seamen in foreign port, 8348-8352. Payment of cost, 8351-8352. Prize cases, 8403. Vessels of the United States engaged in foreign trade, survey unnecessary, 7707a. SUSPENDED ENTRIES Correction of clerical errors, 5113. Decisions of commissioner arranged into two classes, 5108, 5109. investigations to be in- Extent of provisions relating to, 5112. FIow decided, 5106. Patents, 5109, 5113. SUSEPENSION Army, discharge, pay, 2162a. Failure to pass examination for pro- motion, engineer corps, 1900. Medical Corps, 1811. - Officer, 1897. k Ordnance Department, 1902. Reinstatement after re-examination, 1899a. Cadets at military academy, for hazing, On sentences of courts-martial, 2247. Court-martial proceedings, 3013. Deportation of aliens, 4289%j. Enlarged homestead entry segregation of land, 4568b. Federal reserve bank, officers, 97.94(f). Operations by Federal Reserve Board, 97.94(h). Issue of gold certificates of deposit, 6566, 6567 - application, Legal proceedings affecting persons in military service, 3078%a. Licenses, establishments for preparation of viruses, etc., for domestic animals, 8785(4). Establishments for propagation and preparation of viruses, serums, etc., 82. Officers of steam vessels, appeal, 8214a. - Rºal to perform official duties, 8211. - Radiotelegraph operators, 10102. Limitations, contracts with enemy Or ally of enemy, 31.15%dd (c). - Navy, pay, by court-martial, 3016. Orders of Interstate Commerce Commis- sion, 8583, 8584. Practitioners before Interior Department, 684. -- Practitioners before Treasury Department, 85. - Provisions relating to ally or enemy, 31.15% c. Punishments by order of commander of naval vessel, 2985. - Radiotelegraphs, license, 10.103. Rates of carriers pending decision of In- terstate Commission, 8583. - Sentence of courts-martial, 2308a, 2308a, art. 52, Appendix p. 1760. By delivery to civil authorities, 2308a, art. 74. Dishonorable discharge pending con- finement, 2308a, art. 52. 2308a, art. 53, Appendix p. 1760. Forfeitures or confinement, 2308a, art. • 53. - State bank, from privileges as member o Federal reserve bank, 9792(4). Wages of seamen, 8319. War risk insurance act, 514i. Payments, 514rrr. Time for, 514ii. Writ of habeas corpus in Porto Rico, 3803aa, 3803ddd. SUTRO TUNNEL - Right of way and other rights granted for, not impaired, 4652. arts. GENERAL INDEX [Page 2351] [References are to sections, except where otherwise SWAMP LAND ACT See Swamp Lands. Text of act, 4958–4960. SWAMP. LANDS Arkansas, relinquishment, 4969. , Title of purchasers of unconfirmed lands, 4968. California, provisions concerning, 4964. Certain selections of, by states confirm- ed, 4963. Drainage under state laws, 4970-4976. Grants of, 4958–4969. To certain states for construction of levees, etc., 4958. mºnity to states for, heretofore located, 61. Lists, secretary of territory to make, 4959. Subdivisions included, 4960. Missouri, homestead entries by purchasers from state, 4966. Patents, to issue in fee-simple, etc., 4959. ' To purchasers and locators of, 4962. Permanent appropriations to indemnify states for lands erroneously sold, 6799 Provisions extended to Minnesota, and Ore- gon, 4965. What subdivisions deemed to be, 4960. SWEET WINES - See Distilled Spirits and Wines. Blending fortified wines in, permitted in certain cases, 6122. Defined, 6112. Internal revenue, definition, 6110bſaj. Recovery of wine spirits from, 6118. Vºlº sugar and Water in perfecting, Use of wine spirits to fortify, fermenting vats for manufacture of Wines or brandy, 6120. Penalty for unlawful use, 61.14c, 6117. Returns by officers, affixing stamps, Seals, etc., 61.14. Withdrawal from special bonded ware- houses for exportation, 6.115. Withdrawal from Warehouses, 61.14. Without payment of tax, 6111. SWITCH CONNECTIONS Common carriers to furnish, 8563. TAGS Meat inspection, 8681. TALESMEN See Jury. TALKING MACHINES Internal revenue tax on, 6309%a, 6309%b. Payment, vendees or lessees in cer- tain cases, 6348b. intended for sale, Distilleries, breweries, etc., 6017a. TARE Imports, estimation or ascertainment, 5588. TARGET PRACTICE Sale of war supplies to associations for encouragement of small arms target practice, 6941aa, Appendix p. 1784. TARGET IRANGIES Sale of land purchased for, 3072c. TARIFF See Customs Duties ; Federal Trade Coºnºmission and Unfair Competition. TARIFE ACTS See Customs Dwties and cross-refer- ences therewºlder. Text of act, 364, 519, 1179–1190, 5291-5318, †: 5526-5533, 5591, 5592–5602, 5656, ) Oö, 5895, 5896, 5899, 5960, 6111, 6112, 6114-6118, 6137, 6147, 6165, 6169, 6170, 6172, 6174, 6175, 6177, , 6.190, 6197, 6199, 6202, 6204, 6339, 6824, , 7811, 7812, 10271. TARIFF COMMISSION See United States Tariff Com/mission. TATTOOING - Punishment by prohibited in army, 2308a, art. º In Navy, 3018. TAXATION See Appraisal : Assessments of Inter- 7tal Revenue, Customs Duties ; Es- tate Taa: ; Eaccess Profits T'ao; ; In- come T'aº; ; Interºval Revenue ; Mw- nitions Taac ; National Banks ; Sta????s. State tagation, see States. Bankruptcy, discharge in not to release liability for, 9601. 5669, 5672, 5673, 5718, 5724, 5791, 5887, TAXATION (Cont'd) Collection, remedies for not affected by ºyisions relating to distress warrants, 7. cº, power to levy (Const, art. 1, § , C1. L.). Deductions from income tax of taxes paid, 6336e[a], 6336![a, b]. Exemptions, bonds, issued to postal Sav- ings depositors, 7589. Bonds, war finance 31.15%i. {. Payable in foreign money, 6829/ll, Appendix p. 1782. Certificates of indebtedness 6829ll, 6831. Payable in foreign money, 6829lll, Appendix p. 1782. For reclamation fund, 4711. Compensation under War Risk Insur- ance Act, 514tt. Federal reserve banks, 9791(3). Panama Canal bonds, 6826, 6828. Philippine bonds, 3907. Porto Rican bonds, 3803aaa. Treasury notes, etc., 6816. Issued under Federal Reserve Act, 98.00(7). United States bonds, 6481, 6816, 6825, 6829d-6829ee, 682911. Exportations from any state, prohibition (Const. art. 1, § 9, cl. 5). Federal reserve notes, 9799c. Homesteads, Stockbridge Munsee Indians exempt from, 4607. Hydraulic mining, 10027. Gross proceeds, 10017. Income tax on corporations, deduction of taxes, 6336/LaJ., [b]. Indian lands, payment from shares of al- lottees, 4239. Subject to after alienation by heir of deceased Indian, 4223. Land grants to railroads, 4883. Surveyed lands, 4916. Medium of payment, certificates of deposit of gold, 6566, 6567. Federal reserve notes, 9799(1). Gold coin, 6379. National bank notes, 97.21. Silver certificates, 6454. Silver coin, 6379. Treasury notes, 6379, 6475. Persons in states to be subject to alike and to no other, 3925. Philippines, power to impose, 38.12b. Uniformity, 3810. Pipe lines, through Indian lands, 4192. Porto Rico, uniformity, 3803aa. Priorities, in bankruptcy proceedings, 9648. Private property on Hot Springs Reserva- tion, 5255, 5261. Property of alien enemy in custody of alien property custodian, 31.15%fff, Ap- pendix p. 1772. Relief of persons in military service, 30.78%pp. Slave traffic, power of congress (Const. art. 1, § 9, cl. 1). State taxation, see States. Suits for, to be brought in name of Unit- ed States, 1545. Telegraph and telephone lines, act mak- ing annual charge against lines in In- dian lands, not exempt from, 4191. Territorial, non-residents not to be dis- criminated against, 3438. Unequal, not to be imposed on persons immigrating from foreign country, 4241. Virgin Islands, 3924%d. - TAXES See Direct Taaces ; Taacation. Erroneously assessed, see Refunds. TEA Board of experts, appointment, 8787. Compensation, 8787. Duties, 8787. Number of members, Presiding officer, 8.787. Qualifications, 8787. Removal, 8787. Term of office, 8787. Vacancies in office, 8787. Board of general appraisers, experts, 8793. Appeal to, 8791. Re-examination, 8792. Bond of importer, 8786, 8789. Delivery, partial, 8790. Permit for, 8790, 8791, corporation, 8787. advice of indicated.] TEA (Cont'd) Examination, 8789. According to usage Where made, 8792. Examiners, 8792. Samples for examination, 8789. Exportation or destruction of grades, 8791. Fººture of rejected teas reimported, 794. Importation, 8786-8796. Inferior to standard prohibited, 8786. For manufacturing theine and caffeine, 8786. - At ports having no examiner, 8789. Provisions of former act applicable to teas on shipboard, 8796. Re-examination, 8790. Rºlations by Secretary of Treasury, of trade, 8792. inferior Samples, at custom-houses, 8788. For examination, 8789. For importers and dealers, 8788. Standards of purity, etc., 8783. TEACHTERS Army, civilian, 1988a. - Employment by Indian tribes, 4016. Immigration, 4289%b. National Training School for Boys, ap- pointment, 9395. -- Qualifications, knowledge of effect of al- cohol and narcotics, 9381. Removal for failure to teach effect of al- coholic drinks and narcotics, 9380. Vocational education, 93.90% ee-9390%.g. TEA IMPORTATION ACT See Tea. Text of act, 8786-8796. TEAMISTERS Employment of Indians as, 4031. TELEGRAMS See Telegraphs and Telephones. Weather Bureau, destruction, 848. TELEGRAPH AND CIPHER, BUREAU Chief, appointment, rank, pay, etc., 1884 TELEGRAPH COMPANIES See Telegraphs and Telephones. TELEGRAPH LINES See Telegraphs and Telephones. TELEGRAPH OPERATORS See Telegraphs and Telephones. TELEGRAPHIS AND TELEPHONES *ºnce of obligations and privileges, Alaska, 3593a.(2). Allowance of accounts of disbursing offi- cers of Navy for telephones disallow- ed under previous act, 6787a. Alteration of act, 10086. Amendment of act, 10086. Army, chief Signal Officers, duties, 1867. Collection of forwarding charges of con- necting commercial telegraph com- panies for transmission of government telegrams, 10078a. Common carriers, regulation as, 8563. Connecting public buildings, 3324-3326. Federal control of, authority of presi- dent to take possession, 31.15%x, Ap- pendix p. 1772. Compensation for on taking posses— Sion of, 31.15%x, Appendix. p. 1772. Existing laws or powers of states, 31.15% x, Appendix p. 1772. Free use of timber of national forests or telephone lines for fire protection, 5151. Income tax, exemptions, of mutual com- panies, 6336k[a]. Internal revenue tax On, messages, 09%a. Computation, 6309%b. Exemptions, 6309%b, 6309%C. Returns by persons, etc., Subject to, 6309%d. By whom payable, 6309%b. Interstate Commerce Commission, tracts filed with, 10085. Powers, 10082. Reports to, 10085. Liens of United States, 10083. Line men, free transportation, 8563. Lines, Alaska, estimates for extension, 6704. COIl- Connecting lines, equal facilities to, 10081. GENERAL INDEX IPage 2352I [References are to sections, except where otherwise TELEGRAPHIS AND TELEPHONES (Cont'd) Lines (Cont'd) - Construction, across bridges over nav- igable rivers, 9962. Over public domain, etc., 100.72. By subsidized railroad and tele- graph companies, 10080. IFailure to operate, 10084. Government, priority in transmission of messages, 10075. Purchase by, 10076. Receipts from private telegrams over paid into Treasury, 6607. Injuries to, 10228. Military lines, appropriations for dis- bursements, 6752. Messages, classification permitted, 8563. Penalty for refusing to transmit, 100.79. Receipts from over lines controlled by Treasury Department, payment into Treasury, 6608. Transmission by railroads lines, 10078. - Military telegraphers, certificates of hon- orable service for, 1943. Obtaining information concerning, 10212a. Officers, agents and employees, free transportation, 8563. Operators, public printers’ office, 6983. Railroads, hours of services limited, 8678. Telegraphs connecting public build- ings, compensation, 3324. Porto Rico, franchises, 3782. Public lands, right of way through, 10072. Use of materials from, 100.73. Radio communication, 10100–10.109. Rates and charges, discrimination prohib- ited, 10081. Discrimination, punishment, damages, 10084. Just and reasonable, 8563. Maximum rates, etc., prescribing by Interstate Commerce Commission in case of unreasonableness or discrim- ination, etc., 8583. Power to fix, 10086, Reservation of right by congress over lines in Indian lands, 4191. Unjust and unreasonable, 8563. Repeal of act, 10086. Rights granted not transferable, 10074. Rights of way, 4946, 4948. Through Indian lands, 4181, 4191. Transfers for by homestead settlers, 4535. Service appropriations not to be expend- ed for private telephone service, 6787. Contracts for, 6833. Exchange with common carriers per- mitted, 8563. Submarine cable, 10087-10099. Violations of act, punishment, damages, 10084. t TELEPHONE COMPANIES See Telegraphs and Telephones. TELEPHONE LINES See Telegraphs and Telephones. . TTERLEPHONE OPERATORS See Telegraphs and Telephones. TELEPHONES - See Telegraphs Cºd Telephones. TELEPHONE SERVICE See Telegraphs and Telephones. TEMTPORARY INJUNCTION See Injunction. TEMPORARY QUARTERS Appropriations for phblic buildings avail- able for use in, 6934-6936a. TEMPORARY RESTRAINING OREDER See Injunction. TENANCY IN COMMON post roads, having unlawful, Partition, jurisdiction where United States is co-tenant, 991(25). TENDER: See Legal Tender. TENIDERS Navy, sale of unsuitable vessels, 2787a. . See Alaska TENNESSEE District clerks, 1094. Deputies, 1094. District court terms, 1094, 1094a. District judges, eastern and middle dis- tricts, 968. Judicial districts, 1094. Marshal, 1094. Deputy, 1094. TENNESSEE IRIVER, Alºma, free of tolls, except, etc., 9836, Water gauges and daily observations at Florence, 9856. TENNIS BALLS AND RACKETS Internal revenue tax on payment, ven- dees or lessees in certain cases, 6348b. When held Or 6309% c. TENEJRE OF OFFICE See titles of specific officers. TENURE OF OFFICE ACTS See Offices and Officers. Text of act, 1295, 1966, 3249, 3254, 3255, 4484, 5347. TERMINAL CARRIERS See CO77,777. O'M, Carriers. TERMINAL IFACHILITIES Acquisition by United States of terminal .facilities of certain corporations, 3115.jj. TERMINALS Enemy aliens not to approach. Within one hundred yards of, 7615. TERMS OF COURTS See District Coºrts. Circuit Court of Appeals, 1118, 1118a. Court of Claims, 1129. Supreme court, 1207. TERRITORHAIL COURTS See Territories. TERRITORIES intended for sale, Guam : Ha- Indian Territory ; New Meac- ico : Oklahoma, ; Philippines ; Porto Rico × Supreme Court of Territories. Accounts, 3475. Auditor’s examination, 420. Expenditures, transmission to secre- tary of interior, 434a. Adulterated or misbranded insecticides not to be manufactured in, 8765. Aliens, right to hold land, 3490–3495. Appeals and writs of error when territory becomes a state, 1226. - Elections ; ^waii : Apportionment of, Civil Service employees among, 3272. Representation, 3436. Arrest of army deserters, 2308a, art. 106, and 2296, 2297. Attorneys and Marshals to serve until appointment and qualification of Suc- cessors, 1319. Boards of health to confer With Public Health Service, 9146. Bonds, etc., exemption from internal rev- enue tax, 6318b. Census, 3434, 4385. Census records furnished to, 920. Codes and rules of practice ratified, 3458. Constitution and 1aws of United States applicable in, 3522. Convicts, custody of, contracts for, 3521. Cooperative agreements with United States, construction of trails and roads in national forests, 5150a. ‘Counties, creation, 3480. Courts, authentication of proceedings un- der full faith and credit clause, 1519. Glerks, attorneys not to act as, 1250, 1251. Reports to, account of moneys re- ceived, 1399. Commissioners of district courts to be increased with reference to civil rights, 3936. District Courts, clerk, 3461, 3462. Counties in which held, 3464. Jurisdiction of actions under Copy- right laws, 9547, 9555. { Jurisdiction transferred from terri- torial courts, 1046. Documents allotted to judges and offi- cers of, Statutes at Large, 7072. Fees and costs, 3471. Indian trials, 3472. Grand juries, discharge, 1262. Supreme Court reports for, 1203. Judges, search warrants, 10496%a. indicated.T TERRITORIES (Cont'd) Courts (Cont'd) Judicial districts, 3455. Pºd temporarily by Governor, Jurisdiction, district courts in cases transferred, 1046. Equity and common law tion, 3457. Naturalization, 4351. Offenses by Indians, 10502. Supreme Court, bankruptcy con- troversies, 9608. Justices, appointed by president, 3467. 9. administered by, to officers, Salary payable . Supreme Court, District court held by, 3455. Justices of Peace, election, 3444. . Vacancies in office, 3445. Printed copies of Revised Statutes \as evidence in, 1523. Records, how proved, etc., 1519. Tºrer to district courts, 1044, Second edition of Revised Statutes as evidence in, 1528. suprºº, Court, appellate jurisdiction, jurisdic- quarterly, 3470. 3454. Appeals to, statement of facts, 1652. Appellate jurisdiction, bankruptcy proceedings, 9608. "Chief Justice, appointment of Unit- ed States commissioners, 4547. Clerk, 3460. - 'District attorneys and marshals, mºntment to fill vacancies, 'Justices, 3454. Of Suits for making certain false claim against United States, 6412. Writs of error and appeals from Supreme Courts of Arizona and New Mexico, 1222. Deeds affecting lands in, acknowledgment in United States possession, 3260, 3261. Defined, 88.18. Delegates to Congress, 3452, 3453. Disbursements, 3475. Distribution of aliens among, 960. Divorces, residence of applicant, 3488. Elections, 3434. Time, place and manner, 3435. Electors, qualifications, 3448–3450. Fº rights to all persons in, 3925, 3931, Estimates for expenses of, government, revision by Department of Interior, 67193. - - Territorial force within jurisdiction of Department of Justice, 6719. Executive proceedings, copy transmitted to President, 3430. Explosives, regulation of traffic permit- ted, 8018. Extradition of fugitives 10126, 10127. Gove; appointment and duties, 3427, 7. from justice, Apportionment of representation, 3436. Census, 3434. T]isrespectful language towards by sol- diers, 2308a, art. 62. Documents allotted to pamphlet copies of statutes, 7071. Judicial district, temporarily defined by, 3463. - Oath of office, 3468. Officers appointed by, 3440. Place for first session of Legislature designated by, 3474. Salaries, 3432. Extra compensation 3443. Payable quarterly, 3470. Supreme Court reports for, 1203. Vacancies filled by, 3447. Veto power, 3428. prohibited, Improvements, grants to new states for, 4874, 4875. Income tax not to impose loss or burden on, 6336k[b]. Incorporation laws, 3478. - Indebtedness, restriction on, purpose and amount, 3482. Indian lands within boundaries excepted from, 3425. Inºs 1n, regulated by United States, 3426. Irrigation laws not affected by reclama- tion act, 4707. GENERAL INDEX [Page 23531 IReferences are to sections, except where otherwise indicated.] TERRITORIES (Cont'd) Land grants for seats of justice, 4869. Laws, annulment by Congress, 3486. Competency of witnesses in civil cases determined by, 1464. Cººting With acts of Congress void, Falsely Stamped articles made of gold or Silver transported into state sub- ject to laws of, 88.11. Protection of game, etc., not affected by act for protection of migratory birds, 8837(3). Protection of migratory birds, 8837g, Appendix p. 1795. Remedies of occcupying claimants, Special or local laws prohibited, 3479. Submitted to Congress, 3437. Town-sites, disposal of lots, 4791. Legislative assembly, 3433. Authentication of acts under full faith and credit clause, 1519. 'ºses not to exceed appropriations, Extraordinary sessions, 3440. Limitation of printing expenses, 3476. Meº, number and compensation, Restrictions on holding office, 3442. Sessions limited, 3439. Sessions not to be held before appro- priations, 3475. Subordinate offices, 3451. Tuegislative power, extent, 3438. Marshals, powers and duties, 3466. Militia officers, elections, 3444. Mines, mine inspectors, 3502–3520. Regulations of, may supersede United States law, 3520. Rules for working, 4646. Money from national forests for schools and roads, payment of part to, 5149. Municipal corporations, bonds for sewers, water works, and streets, 3484. 'Building bonds, 3485. Officers, Alaska, enforcement of liquor laws, 3643o. Commissions, 3427. Exemption from selective draft, 2044d. Oath, 3468. Opium, possession not presumptively unlawful, 6287n. oº::cation for holding office, 3448- Salaries, to begin when, 3469. Not to be paid when absent, 3473. Selection, 3446. * Vacancies, 3447. . Opium, purchase by officers without reg- istration of payment of tax, 6287g. Purchased by Officers without Written order, 6287h. Ordinance for governmeft of northwest territory, pp. 6-8. Peace officers in, authority of marshals of United States in reference to Chinese aliens, 4299, Penitentiaries, expenses of Offenders against territorial Jaws, 3527. Mºhal of United States to control, Peonage abolished, 3944. “Person” includes, 31.15%bb. Philippines deemed to be, for purposes of extradition, 10128. Publication by enemy aliens, 7615. Public works, hours of labor, 8921, 8922. Quarantine regulations at times of epi- demic, 9176. - Railroads, regulations for safety of em- ployees and travelers applicable, 86.13 Safety appliances, 8625, 8630. Records, etc., in public office of, how proven and admitted, 1520. Religious or charitable corporations, re- strictions on right to own land, 3489. Reservations and grants of lands, fee simple title to pass in grants, 4870. School funds, proceeds of sales of escheat- ed lands, 3495. School lands, 4860-4862. Schools, effect of alcoholic drinks and narcotics taught in, 9379-9381. . Seat of Government, legislative assembly to fix, 3474. secretº, appointment and duties, 3429- 431. Salary, 3432. - Secretary of Interior, duties concerning, 682. COMP.S.T.’18—148 TERRITORIES (Cont'd) Seizure of enemy vessels, 8146s. - Soldiers’ Homes, national aid for, 92.88. Specifications and drawings of patents to be placed in capitols of, for inspec- tion, 7093. Statutes of, how authenticated, 1519. Sub-divisions, restrictions on indebted- ness, 3483–3485. Subscription for corporate stock prohibit- ed, 3481 Suffrage, right of secured, 3966. Taxation, deduction from income tax, 6336eſal, 6336fſa], 6336/[a, b]. Philippine bonds by, prohibited, 3907. Territory defined, 7588. "ºitory" includes insular possessions, 728. - Transfer of records to district court when territory becomes a state, 1044, 1045. TJnited States attorney, appointment and term, 3465. United States courts, bankruptcy juris- diction and powers, 9586. “United States” includes, 7628h, 10514a. Warehouse Agt, not to limit existing Fed- eral statutes, 87.47%mn. TESTIMONY See Evidence ; TESTS Articles made of gold, 8806. Articles made of silver, 8807. Bºº of Qrdnance and Fortification, 3.115. Boilers of locomotives in interstate com- merce, 8631-8639. Iron and steel, 3109, 3110. Number of copies, distribution of, 7083. - Materials for steam boilers for navy, 6866. Railroad safety appliances by Interstate Commerce Commission, 8641. Rifled cannon, 3091, 3092. TEXAS Admission of tick-infested cattle from Mexico into parts of Texas, 8685. District attorneys, 1366. Eastern district, 1365. Northern district, 1363. Salaries, 1445. Southern district, 1367. District clerks, 1095. Deputies, 1095. District court, terms, 1095, 1097, 1099. District judges, additional for Western district, 968h. Notice of additional terms of court, 1097, 99. Indian war pension act extended to Tex- as volunteers, 9066. - Judicial districts, 1095-1099. Marshals, 1363, 1364, 1366, #367. Salaries, I445. Reclamation act, provisions of, extended to, 4709. Transcript into new books, of records of district court in, 1510. TEXAS VOLUNTEER PENSIONS ACT See Pensions. Text of act, 9066. etc., 8146rr, "Witºesses. THANKSGTWING Holiday in government printing office, 7010. Within act authorizing compensatory time to post office clerks and letter carriers, 7239a. Seamen not required to do any unneces- sary work on, 8363b. THEATERS Discrimination against persons wearing uniform of army, navy, etc., 6. Equal rights of all persons to accommo- dations, etc., 3926–3930. tº dº Internal Revenue tax on admissions to, amount, 6309%a. Collection, 630.9% c. Exemptions, 6309%a. Returns, 6309%c. Special excise tax, amount, 5980f. Nonpayment a misdemeanor, ă980j. Payment by lessee unless otherwise provided in lease, 5980ſ. fine, Records, statements and returns, 5980k. What constitutes theaters, 5980f. THEFT See Larceny, Robbery. THIRD CLASS MAIL MATTER See Mails. THIRD LIEUTENANTS See Lieutenants. THIRD LIEUTENANTS NEERS See Liewtenants of Engineers. THREATS - Attempting to influence witness, juror, or officer, 10305. By enemy aliens prohibited, 7615. Extortion by informer, 10315. Intimidation, conspiracy to 10306. Election officers, 10189. Preventing bids at land sales, 10226. Voters, 10187. Witnesses, jurors, or officers, 10305. Obstruction of settlement, etc., on public lands, 4998. Against President, 10200a. Procuring seamen, 10250. Suspension from practice, before Interior Department, 684. Before Treasury Department, 385. TICKETS •. Identification tickets of alien passen- gers, 4289%gg. Regulations affecting form, etc., of 8563. Transportation of lottery tickets, etc., OF ENGI- intimidate, TIDE LANDS Alaska, title, 5083. TIDE TABLES Hydrographic office, printing of, 7163. TIENTSHN Deputy clerk of United States court for China at, 7694. sºns of United States court for China, TILE Customs duties. 5291ſ2). TILLER, ROPES Steam passenger vessels, 8250. TIMEER See Live-Oak Timber; Lºwmber; Red Cedar Timber ; Timber and Stone Laºds. Alaska, sale, 5092. Export of pulp wood from, 5093. Use by miners, settlers, etc., 5092. Boxing, etc., trees for turpentine, 10218. On certain public lands may be cut for certain purposes, 4992. Condemnation for military, etc., purpos- es, 6911aa, Appendix p. 1784. Crater Lake, National Park, 5229. Injury or Spoliation as offense, 5230d. Liability for destruction, 5230. Lumbering prohibited, 5230. Depredations, disposition of moneys col- lected for, 4986 On reservations or Indian lands, 10217. Rights of entrymen, 10216. Floating, obstruction of navigable wa- ters prohibited, penalty, 9920, 9921. Permitted on certain navigable wa- ters, regulations, 9927–9930. Glacier National Park, injury or spolia- tion as offense, 52486. Sale and removal of dead or down timber, 5248. Biot Springs Reservation, alty, 5263. Indian lands, sale of timber on allot- ments, held in trust, 4231. Sale on unallotted lands of reserva– tions, use of proceeds, etc., 4230. Indian reservation, proceeds covered into Treasury for benefit of tribe, 4072. Lassen Volcanic National Park, sale or removal of dead or down timber, 5249 g. Limitations of use of timber taken from public lands, not to apply to certain ter- ritory, 4994. - Mineral lands, cutting for certain purpos- es, Notice to commissioner Of general land office of unlawful cutting, 4990. Penalties, 4991. ~. Mount. McKinley National Park, removal, 5249 u. Mount Rainier National Park, injury or spoliation as offense, 5227d. Protection, .5224. National forests, 5121-5187. Allotment to Indians not entitled to allotment on Indian reservation when more valuable for grazing purposes, etc., than timber purposes, 4200. injuries, pen- GENERAL INDEX [Page 23541 IReferences are to sections, except where otherwise TIMBER (Cont'd) National forests (Cont'd) Export, 5138. Free use for telephone lines for fire protection, 5151. Sale of, 5127, 5137. California, 5144. Deposit to defray cost of disposing of débris, 5137a. Refunds of excess deposits, 5146, 5.147. Taking for use government railway in Alaska, 5138a. Taking for use of navy, 5138a. Use by settlers, 5128. Permits to use from public lands for ir- rigation works, 4741. Protection, 4977–4996. Lands of United States in Florida, Registers and receivers to notify commis- Sioner of general land office of unlaw- ful cutting, 4990. Relief from prosecutions for timber cut, etc., 4988. Removal of timber cut in Wyoming to Idaho, 4993. Rights of way, for cutting or manufac- turing, 4946. For tramroads, etc., 4943. Rocky Mountain National Park, removal of dead or down timber, 5249ói. Sale and disposition, dead timber of In- dians on reservations, 4122, 4123. National parks, 787f. Timber killed or damaged by forest fires, 4995, 4996. - Seizure of timber cut on public lands, for exportation, 4987. Yellowstone National Park, 5218–5221. Protection, 5189, 5193. - Yosemite National Park, protection, 52.10. TIMBER AND STONE ACT See Tiºmber and Stone Lands. Text of act, 4671-4673, 4988, 10216. TIMEIFR, AND STONE LANDS General provisions, 4671-4673. Adverse claim, 4673. Bºy Warrants receivable in payment, Distinction between offered and unoffered lands abolished, 4763. Entry, building and stone land under placer mining laws, 4633 False swearing, 4546. Fees, 4547. Patent, subject to water rights, 4671. Proofs, affidavits, and oaths, authority Applications for purchase, 4672. Publication, 4673. Bona fide settlers, 4671. Contests, 4673. Entry and patent, 4673. False swearing, 4672. Fees, 4673. Limitation of a mount, 4671. Minimum price, 4671. Mining claims, etc., not affected, 4671. Regulations, 4673. TIMſix}}R, CULTURE; Agreements with Indians not affected by act repealing laws, 5018. Commutation, 5116. Entries canceled, repayment of fees and purchase money, 4596. Fees of registers and receivers, 4473. Tands not liable for debts contracted be- fore issuance of final certificate, 5116. Laws repealed, 5116. Accrued rights excepted, 5115. TIMBER, CULTURE ACTS See Timber Culture. Text of act, 4473(4), 4530, 4531, 4535, 4559, 4589, 4677-4680, 4698, 4753, 4799, 4934-4937, 4992, 5018, 5079-5082, 5096a, 5113, 5114, 5116, 5121. TIMBER INSPECTORS Navy yards, discontinuance of office, 2569. TIME See Limitations. Accounts of disbursing officers abroad, 420a, (e). $tandard time, zones, 8907r-8907u. TITLES Vesting in trustee in bankruptcy, see BGºvkºrºptcy. Appropriation acts, 11. Army, field clerks, 1980a. Headquarters clerks, 1980a. l TITLES (Cont'd) Army (Cont'd) fficers, brevetted officers, 1933. Detailed under governments of Cu- ba, and Panama, 1998. General officers, 1717b. Honorable discharge, 1936. Office to which rank of general of- ficer is attached, 1717b. Diplomatic and consular officers, accept- ance by prohibited, 3199. Land grants to states and territories, 4870. Navy, Chief of naval operations, 621c. Nobility, Philippines, 3810. Porto Rico, 3803a.a. States, prohibition (Const. art. 1, § 10, cl. 1). * Property purchased for erection of pub- lic buildings, barracks, 1981. Real estate, appeals in cases involving, 1225a. Renunciation of hereditary titles naturalization, 4352(5). Reservoirs and irrigation works, 4705. Trustees in bankruptcy, 9654. TOBACCO See Cheroots ; Opium ; Snºwff. Army, deductions from pay, 2189. Sale to enlisted men, 1956. Collection of statistics, census bureau to have division of cotton and tobacco Statistics, 44.20a. Co-operation of Commissioner of In- ternal Revenue with Director of the Census, 4427. Directors of census may procure in- formation for, through special agents, 4428a. Information to be used only for sta- tistical purposes, 4426. Person defined, 4425. Reports of quantities on hand, manu- facturers exempt, 4421. Reports required, demand, notice, pen- alty, 4423, 4424. - Publication, 4428. Types of tobacco to be specified, 4422. Blanks to be prepared, 4422. Customs duties on, 52910181-185). OEl Cigarettes ; Cigars ; Division of cotton and tobacco Statistics, I. bureau of Census, 913a. Internal revenue tax, 6174a, 6174b. Additional tax, tobacco in excess of certain weight removed from fac- tory or custom house and held for sale, 6174b. Amount of tax, 6174. Bonded warehouses, collector to make monthly accounts of articles in, 6341. Imported tobacco, etc., to be tak- €n º for affixing of stamps, etc., 6186. additional tax, Withdrawal, clippings, etc., for manufacturing, 6186. For exportation without pay- ment of tax, 6192. Imported tobacco without pay- ment of tax, 6.186. Bonds. exportation. Without of tax, 6.192. - . Exportation without payment of tax, transportation bond in lieu of export bond, 6,193. Dealers, fines, failure to keep books, 6.168. payment Leaf tobacco, books, 6168. - oftes, failure to keep books, 6 Penalties, failure to register, 6.177. Registration with collector, pen- alty, 61.77. Retail dealers, books, and records to be kept by, 6175. Not subject to tax, 6175. Resºon with collector, 61 Penalty, 6177. sººnent to be rendered by, 6167, 6.201. Who regarded as, 6176. Drawbacks exportation of stamped goods, penalties for fraud, 6196. Tax paid tobacco on exportation, 61.95. Drawers of leaf tobacco not subject to tax or regulations, 6175. Estimate Of tax. On tobacco sold With- Out stamps, notice of a SSessment, drawback on stamped 6195. Exportation, goods, indicated.] TOBACCO (Cont'd) Internal revenue tax (Cont'd) Exportation (Cont'd) Manufactured tobacco payment of tax, 6.192. Transportation bond in lieu of export bond, 6.193. Without payment of tax, regula- tions to be fixed by commission- ers, 6.194. Fines, affixing false stamps or Stamps twice used, 6184. Failure to destroy stamped portion. of empty packages, 6.185. Removing in packages not stamp- ed, 61.83. Sale in unstamped packages, etc., 6 Without Forfeited tobacco not to be sold for less than tax, but may be destroyed, 61.78. Forfeitures, materials for selling ci- gars contrary to law, 62.10. Peddler’s Wagon, etc., for failure to exhibit certificate, 6.190. t’ How put up, 6162, 6169, 6169a, 6174c. Imported, pay tax like other tobacco, 6186 Taken to bonded Warehouse for the purpose of affixing Stamps, etc., 6.186. Withdrawal from bond Without payment of tax, 6,186. Label and notice on packages of, 6171, 6172. Leaf tobacco, laws applicable, 6175. Not Subject to tax, 6175. Retail dealers subject to tax, who regarded as dealer, 6175. Lottery tickets in packages forbidden, 6204 Manufacturers, agents not to be deem- ed peddlers, 6187. Bond and certificate, 6163. Books, 6166. º Definition of, 6162. Farmers and growers of tobacco not to be considered as, 6162. Fines, failure to keep books, make inventory or monthly ab- stracts, 6166. - Failure to place label and no- tice on packages, 6171. Failure to procure bond, obtain certificate or post same, 6163. Failure to put up signs, 6164. Fraud in manufacturing on shares, etc., 6179. Forfeitures, fraud in manufactur- ing on shares, etc., 6179. i Materials, etc., for false or fraudulent entries as to leaf tobacco, etc., 62.10. Matérials, etc., unlawful re- moval or selling of tobacco without stamps making false entries, etc., 6181. Form of packages, 6162, 6169, 6169a, 6174C. Inventory, 6166. Labeling notice on packages, 6171, Manufacture by one person for an- Other Or shares, affixing stamps, etc., 6179. Monthly abstracts, 6166. Offenses, failure to keep books, make inventory or monthly abstracts, 6166, Failure to place label and no- tice on packages, 6171. Failure to procure bond, obtain Certificate or post same, 6163. Failure to put up signs, 6164. Fraud by persons manufactur- ing tobacco or Snuff on com- missions or shares, 6179. Removing otherwise as then authorized, or selling without prepared stamps, 6181. Peddlers, not to be deemed, 6187. Penalties, acts not otherwise pro- vided for, 6358. Failure to register, 6177. Fººd of to be kept by collector, Registration, penalty, 6177. Sale by one manufacturer to an- other without payment of tax, 6169. Salesmen, not to be deemed ped- dlers, 6187. Signs to be put up by, 6164. GENERAL INDEX [Paige 2355] [References are to sections, except where otherwise TOBACCO (Cont'd) Internal revenue tax (Cont'd) Manufacturers (Cont'd) Special excise tax, amount, com- putation, 5980j. Forfeitures, 6173a. Nonpayment a misdemeanor, fine, 5980j. Offense, 6173a. Records, statements and re- turns, 5980k. Statement of business, 6163. Offenses, affixing false stamps or using stamps twice, 6184. Failure of peddler to exhibit cer- tificate, etc., 6.190. Failure of retail dealer in leaf to- bacco to register, etc., 6175. Failure to destroy stamped portion of empty packages of snuff, buy- ing, selling or using same, 6185. Fraudulently claiming drawback on manufactured tobacco, 6196. Placing lottery tickets or indecent or immoral pictures in tobacco packages, 6204. º Relanding tobacco exported With- out payment of tax, 6.192. Removing tobacco or snuff from manufactory with stamps, sell- ing, unlawful, etc., 6183. Sale of unstamped packages, etc., 0. Packages, 6162, 6169, 6169a, 6174c. Not to contain lottery tickets Or indecent or immoral pictures, 6204. - Payment, vendee or lessee in certain cases, 6348b. Peddlers, bond, 6.188. Certificate from collector of, au- thority to do business, 6.190. Failure to exhibit certificate as of- fense, fine, 6.190. Forfeiture of Wagon, etc., for fail- ure to exhibit certificate, etc., 6.190. Notice of business, 6.188. Peddling unlawfully as offense, 6191. Registration, penalties, 61.77. Signs to be affixed on wagon, 6189. Statement to be furnished to col- lector, 6.188. Who regarded as, 6187. Penalties, absence of stamps and oth- er offenses, 6181-6185. *::: not elsewhere provided for, 358. Failure of manufacturers and deal- ers to register, 61.77. Purchasing tobacco not branded or marked, 6173. Permits, removal for exportation, 6192. Purchasing tobacco not branded or marked, penalty, 6173. Removing, Selling, Stamps, penalty, 6181. Sale of, prescribed packages, ties, 6170 Sale of shorts, clippings, etc., in bulk - or for export without payment of etc., without penal- tax, 6169. - Special excise tax on manufacturers, 5980j. Stamps, absence of as notice to all persons that tax has not been paid, 6182. Affixing false stamps or stamps twice used, 6184. Drawback on exportation of stamp- ed goods, 6.195. Estimated tax on tobacco sold without, 6.180. Failure to destroy stamped portion of empty packages of Snuff, etc., ºne or Selling or using same, 6.185. Form of, etc., change, 6342. Fraudulent use of, 6.185. Furnishing, 61.78. Imported tobacco, 6186. Manufactured on commission or shares, by whom to be affixed, 6179. Preparation, 6178. - Prescribed packages, 6170. Printing on hand roller presses from engraved plates, 6344. Purchasing without, penalty, 6173. Reissue when lost or destroyed, TOBACCO (Cont'd) Internal revenue tax (Cont'd) Stamps (Cont'd) Removal of packages without be- ing Stamped, etc., 61.83. Sale, 6178. Tobacco, etc., sold under distraint, 6178. Tobacco manufactured on Commis- § or shares, by whom affixed, 179. Tax not repealed by Underwood Tar- iff Act, 5316. Tax on extended to those produced anywhere in the United States, 6350. Transportation in bond, 6.193. Wholesale dealers, agents not to be deemed peddlers, 6187. Peddlers, not to be deemed, 6.187. Salesmen, not to be deemed ped- dlers, 6187. Navy, purchases for, 6869, 6870, Seamen, vessel to be provided with, 8362. TOBACCO STATISTICS ACT See Tobacco. Text of act, 4421–4428. TOILET ARTICLES Internal revenue tax on, 6309%a, 6309% b. Payment, vendee or lessee in certain cases, 6348b. held or intended for sale, TOLHUS Panama Canal, see Panama Canal. Black Warrior river in Alabama to be free from, 9836. Bridges over navigable waters, 9964. Cahawba river in Alabama, to be free from, 9836. Cºlº along Tennessee river in Alabama, 837. Cº.; River in Alabama, to be free from, 836. Des Moines River to be free to United States, 9838. Hawaiian wharves, United States’ vessels not to be charged, 3728. Lake Washington to Puget Sound Canal not to charge, 9904. Louisville and Portland Canal, reduction of, 9858. Michigan City, Ind., harbor to be free from, 9839. • Private parties improving navigable riv- ers not to charge, 9903. Rural post roads, prohibited on, 7477a. St. Mary’s Falls canal, retaliatory charg— es, 7831, 7832. - º Tennessee River in Alabama, to be free from, except, etc., 9836, 9837. TJnited States canals abolished, 9860. Wagon roads, etc., in Alaska, 5087. Wisconsin and Fox rivers, disposal of, reduction in, 9845. TON - Definition of on appraisal of imports, 5636. TONNAGE AND TONNAGE DUTIES Amount, 7811, 7812. Canadian vessels on Great Lakes, annual payment, 7816. Collection, commissioner of Navigation, to supervise, 892. sºtary of Treasury, to supervise, Cuban vessels, 7821, 7822. Discriminating duties, Prussian vessels, 7826, 7827. Spanish vessels, 7828. Suspension by President, 7825. Exemptions, enrolled and licensed vessels on northern, etc., frontiers, 5490. Foreign vessel laden with goods for reshipment to evade law, then to pay fifty cents per ton, 5822. Hºtal ships in time of war, 7823, Vessels entering otherwise than by sea from certain ports, 7814. Vessels in triweekly foreign trade, 5489. Fees, consular officers in Canada, not to charge on Vessels touching in Cana- da, 3178. Exemption to vessels enrolled and li- censed on northern, etc., frontiers, Foreign vessel loaded with goods for transshipment to United States port, 5822 Forfeitures, remission where vessel be- comes registered in United States, 7812a. Jurisdiction of district courts, 991(5). indicated.] TONNAGE AND TONNAGE DUTIES (Cont'd) Jurisdiction of Secretary of Treasury over, transferred to Secretary of Commerce, Licensed, registered, or enrolled coasting and fishing vessels, exempt from payment of, 7815. Subject to on failure to report change of master, 8084. Light-money dues, amount and collection, exemptions, 7818, 7819. Measurgent of vessels, fees of, 7771, 7772, Foreign vessels, 7735. . Payment, certificate of, fee for, 8.138. Philippines, refundment, 7813a. Vessels subject to unless owned by citizens of Philippines, 7813, 7813a. Refundment, where vessel becomes regis- tered in United States, 7812a. Register tonnage of vessels, 7730. Remission, where vessel becomes register- ed in United States, 7812a. Seizure, bailing of property seized, 1564. Double costs, 1612. Vessels to sale after condemnation, 1565. States, prohibition without consent of Congress (Const. art. 1, § 10, cl. 3). Not to impose under quarantine regu- lations, 9150. Suits for, to be brought in name of Unit- ed States, 1545. Not to be impaired by provisions re- lating to, 7820. Vessels of United States, carrying on coasting or fishing trade without enroll- . ment or license, 8124, 8125. TOOHLS Entry free of duty, 5496-5499. Procurement for manufacture of arms, 31.10a. Wanton destruction of, armory, penalty, 3087. TOPOGRAPHERS - Post-Office Department, disbursements by chief of office, 600. Salary, 572. TOPOGRAPHIC SURVEYS See Geological Survey. TORCH LAIKE Houghton County, Michigan, from certain provisions, 9923. TORO POINT LIGFID Isthmus of Panama, payments for pro- hibited, 10050. TORPEDO STATIONS Obtaining information concerning, 102.12a. TORTS See Titles of Specific Torts. TOTAL DISABILITY at arsenal or excepted Employers’ Compensation Act, 8932b. Rates of pensions for, 8944. . TOWAGE Ağıts to barges in tow, reports of, 7978a. Ambrose Channel, New York, exclusion of tows, 9932. Lights on towing vessels, etc., Great Lakes, lights, 7914-7917. Harbors, rivers and inland Waters, 7877, 7878, 7969, 7970. International rules, 7839, 7841. - Red River of the North and rivers jºine into the Gulf of Mexico, Reports of accident to barges in tow, 7978a. Between United States ports by foreign vessels, 8123. TOWBOATS Inspection of hull and boiler, 8.190. Persons in addition to crew who may be carried, 8235. TOWNS * See Municipal Corporations. TOWNSEIDP & Plats, 4803. Furnished by registers and receivers, 4478 Sections, excess or deficiency, 4803. Numbering, 4803. Surveys, 4803. Application of settler, 4811. TOWNSITE ACTS See Townsites. Text of act, 4784-4787, 4789, 4790-4793, 4797, 4798, 4800. GENERAL INDEX [Page 2356] [References are to sections, except where otherwise indicated.] TOWN SITES General provisions, 4784-4802. Alaska, 3593dd, 5079. Entries by trustees under town-site- laws, 5079. Limitation of entry, 5079. Purchase for trade or manufacture prohibited, 5082. Reservation of roadway not to apply to, 5047. Surveys, 5079. Entries, by cities and towns for cemetery and park purposes, 4802. Excessive homestead entry, 4794, 4795. Selection, 4795. By inhabitants, when, 4801. Lºthan maximum additional entry, 796. Quantity of land, 4793-4796. In trust for occupants, 4791–4793. Acts of trustees void, when, 4797. Cºrmity to legal subdivisions, 4793. How made, 4792. In proportion to number of in- habitants, 4793. When made, 4792. Establishment of railroad station on grant #s right of way through Indian land, 1. Expenses of disposal, etc., payment, 4723. Founded by settlers, how, 4786. Irrigation projects, 4715-4719. Aºisement and sale, expenses, 4716, 4722 - Public reservations in, 4719. Re-appraisement of unsold lots, 4725. Water power, lease of surplus, 4719. Water rights, 4718. Water supply, charges for, 4718. Withdrawal from entry, survey and subdivision, 4715. Laws extended, to ceded Indian lands in Minnesota, 5019. To Oklahoma, 5023. Limitation on size, 4723, 4793–4796. Lots, sale, 4785, 4786. Sale, entry of lots unsold, 4786. Manner of payment for, 4726. Minimum price, 4786, 4788, 4789. Settlers on Certain to Wnsites to have right to purchase certain lots built upon, 4723. Size of, 4786. Variation from rule, 4789. Survey, 4785. Title subject to mineral rights, 4799. Title to lots subject to mineral rights, Valuation, 4785. Mineral lands, 4799. Entry for cemetery or park purposes, 4802. No title given to claim, 4798. Mississippi, 4985. Oklahoma, 5029–5039. Appeals, 5034. Authority, duties and compensation of trustees, 5035. Roard of Trustees abolished, 5037. Certificate of occupancy, 5030. Church lots, 5031. Entry by inhabitants, 5042. Entry by trustees, 5029. Greer County, 5042. Homestead entries, 5038. º extended to Cherokee Outlet, º of Kansas to govern trustees, Preference of, pending entries, 5034. Sale of lands, 5038. Sale or reservation of lots, 5032. Sites to be sold by towns or as isolat- ed tracts, 5039. Surveys, 5029. | Vacation, 5038. oyºrship of land by aliens permitted, mine or mining Patents, issuance to purchaser’s trans- feree, 4802a. Plats varying from rule, 4789. Proceedings when parties fail to file map and testimony, 4788. Pºsions not applicable to reservations, Public lands, President to reserve from, where, 4784. Unsurveyed lands, 4787. how lines adjusted, TOXINS Domestic animals, 8785. - 'Prevention and cure of diseases of man, 8778–8784. TRACHOMA Indians, hospitals for, 4125b. T}RANDE AND TERADING} See Coasting Trade. With Indians, see Indians. Customs officers, not to own vessels nor º, oncerned in importation of goods, Monopolies and combinations in restraint of, 8820–8836, Purchase of ſands in Alaska for purpose of, 5080, 5082, 5091. Receiving articles on naval vessels, pun- ishment, 2969(13). Restrictions upon Secretary of Treasury, Comptroller, Auditor, Treasurer, and Register engaging in trade or Com- merce, 377. Vocational education, 9390%a-939.0%mm. TRAM) F. COMMISSION ACT See Federal Trade Com/mission and Unfair Competition. Text of act, 8836a–8836k. TRADE-DOLLAR, Weight and fineness of, 6452. TRADE FORMULAS Exemption from disclosure, foods, 8724. TRADE-MARES ACTS º See Trade-Marks and Trade-Naſines. Text of act, 9485, 9487-9511, 9513–9516. TRADE-MARRS AND TRADE-NAMES Appeals, Commissioner of Patents, to court of appeals of District of Co- lumbia, 9494. Examiner to commissioner, 9493. Assignments, 9495. Certiorari by United States court, 9503. Construction of act and definitions of term, 9515. Copies of, drawings, fees for, 757. |Records as evidence, 9496. Enemy or ally of enemy, 31.15% ee. IExamination and publication before reg- istration, 9491. Examiner in charge of trade-marks, 669. Exhibits at Panama-Pacific Exposition, duration of protection, 9529. Infringement, 9526–9528. Foreign applicant to designate agent for service of process, 9488. Foreign owners of domestic factories en- titled to registration of, 9486. Importation of merchandise unlawfully marked, prohibited, 9513. Infringement, damages, 9501. Infringing labels, etc., destroyed, 9505. Injunction against, assessment of prof- its and damages, 9504. Service and enforcement, 9505. Recovery prohibited for trade-mark unlawfully used, 9506. Interference, 9507. - Declared by commissioner, 9492. Jurisdiction of suits, 9502. District courts, 991(7). Marks not entitled to registration, 9490. Meats and meat food products, 8681(5). Pamphlet copies of laws and rules relat- ing to, 7093. Printing of trade-marks and copies, 7093. Registration, applicant for, notified of op- position, 9492 Application for, amendment, 9509. Declaration accompanying, 9487. Extension of time on account of war, 9438a. Defaults within scope of exten- sion, 9438c. Pergon who may take advan- tage of, 9438b. Fees, 9485. Where previous application has been filed in foreign Country, proprietary Supreme 9489. Authorized, 9485. Cancellation, 9498. Certificate of, 9496. Classification of merchandise for, 95.12. Duration, renewal, 9497. Effect of, 9501. On existing rights and remedies for wrongful use, 9508. Fees for, 9499, 9500. - Fraudulently procured, damages, 95.10. TRADE-MARES AND THADE-NAMES (Cont'd) Registration (Cont'd) LaWS not repealed, 679. Notice of, affixed to, 9514. Opposition to, requisites, 9491. At Panama-Pacific Exposition, 9525. Regulations for proceedings for, 9511. Removal of liquors or Wines under other than, 6351 T. of taking effect of act and repeal, Title of trustee in bankruptcy, 9654. TRADIERS Indiaº, appgintment, regulations, 4127, Bonds, liability on, for unlawfully in- troducing liquor into Indian coun- try, 4141, Employment of white clerks, excep- tion of five civilized tribes, 4130. Introduction of liquors into Indian country, forfeiture of license, 4141. Prohibition by President, 4129. Selling arms to hostile Indians, for- feiture of rights, 4134. TRADE SECRETS Manufactures of explosives, 31.15%dd. United States Tariff Commission not to divulge, 5326i. TRADES UNIONS ACT See T'rade Unions. Text of act, 8908-8912. TRADE UNIONS National, constitutions, laws, 8910 Headquarters, 8912. Incorporation, 8909. rules and by- “National Trade Unions,” defined, 8908. Officers, duties, 8911. Powers, 8909. Publications of as second class mail mat- ter, 7.309. TRADING WITH ENEMY e - e. Acts constituting trade since beginning of war and prior to passage of act not validated, 31.15%d (b). Alien property custodian, appointment, 31.15% co. - Appointment, , , certificates of, rec- ord, 31.15%d(e). Bond, 31.15%CC. * General powers and duties, 31.15%.cc, 31.15%ff. Salary, 31.15%CC. Ally of enemy, definition of, 31.15%aa. Suspension of provisions of act re- lating to, 31.15%.C. Appropriation for expenses of enforce- ment of act, 31.15%h. Assignee, etc., of debt, etc., by, from, etc., of enemy or ally of enemy, rights of, 31.15%d. Attachment, etc., of property transferred to alien property custodian, 31.15%.e. Bank or banks defined, 31.15%aa. Beginning of the war defined, 31.15%aa. Censorship of communications by mail, etc., authority Of president, 31.15%b(d). Evading, etc., punishment, 31.15%b (d). Change of name of enemy or ally of ene- my, 31.15%bb. Claims to property, etc.,... transferred to alien property custodian, delivery to claimant, order for, 31.15%.e. Filing, 31.15%.e. Form of, 31.15% e. Notice of, 31.15% e. Persons authorized to make, 31.15%.e. Suits to establish, 31.15%e. Clerks, attorneys, etc., appointment, etc., 31.15% co. - Contracts, mortgages, etc., by, against, or with enemy or ally of enemy, rules and regulations, 31.15%dd. Contracts with enemy or ally of enemy for delivery during, or after war things produced, etc., in United States, abro- gation, 31.15%dd. Conveyance, etc., of property, etc., of enemy or ally of enemy to alien property custodian, acknowledg- ment, receipts, etc., of, 31.15%d(e). Compulsory conveyance, 31.15%d (c). Effect of, 31.15%d(e). Voluntary conveyance, 31.15%d(d). Copyrights, applications for by citizens of United States in country of ane- my or ally of enemy, 31.15%ee, GENERAL INDEX [Reference TRADING WITH ENEMY (Cont'd) Copyrights (Cont'd) Applications for by enemy or ally of enemy, 31.15% ee. License, to manufacture, use, etc., articles covered by copyright Owned by enemy or ally of ene- my, cancellation, 31.15% ee. Conditions of, 31.15% ee. Effect of, 31.15% ee. Fees for, 31.15% ee. Injunction against infringement by licensee, 31.15% ee. Percentage of receipts from sales, etc., payable to alien proper- ty custodian, 31.15% ee. Repayment, 31.15% ee. Statements by licensees, contents 31.15% ee. Filing with president, 311572ee Suits against licensees, 31.15% ee. Termination OIl suit brought against licensee, 31.15% ee. Terms of, 31.15% ee. Payments to enemy or ally of enemy of tax required by laws of country thereof, 31.15% ee. Restraining infringement by enemy Or ally of enemy by persons other than licensees, 31.15% ee. Definitions, 31.15%aa. Designation of act, 31.15%a. District courts of United States, appeals from final orders of decrees of, 31.15%i. Rules, etc., as to notice, dition, 31.15%i. Doing business in United States by ene- Imy Or ally of enemy, when lawful, etc., 31.15%bb. End of war defined, 31.15%aa. Enemy defined, 31.15%aa. Enemy or ally of enemy insurance or re-insurance companies, abrogation of existing contracts with, 31.15%bb. Fereign exchange, etc., of gold or silver Coin, etc., regulations, 31.15% c. Foreign insurance companies, licensing to do business in United States, 31.15%bb. Prohibiting doing of business United States by, 31.15%bb. - Importation of certain articles into the United States, proclamations of President, 31.15%f. - Prohibition on proclamation of Pres- ident, 31.15%f. Letters, etc., for or to enemy or ally of enemy, sending, etc., out of the Unit- ed States, 31.15%b (c). Letters, etc., sending into or from the United States except in regular course of mail, 31.15%b (c). etc., con- in Licenses, authority to grant, 31.15% c. Conveyances, etc., without, effect, 31.15%d (b). - Enemy or ally of enemy insurance or re-insurance companies, etc., do- ing business in United States conditions of, 31.15%bb. - Revocation, etc., 31.15%bb. Transmission of funds, etc., out of United States, etc., unlawful, 31.15%bb. * Manufacture, use, etc., covered by trade-mark of articles owned by enermy or ally of enemy, effect of, 31.15% ee. Trading with enemy, etc., without, prohibited, 31.15%b (a). Transporting, etc., into or from the United States, etc., subjects or citi- Zens of enemy, , etc., without, 31.15%b (b). Lists of directors or stockholders of cor- porations, etc., in United States, 31.15%d(a). Lists of stock owned by enemy or ally of enemy, 31.15%d(a). Marine and war risk insurance by Ger- man insurance companies, proclamation. relating to remaining in force for cer- tain time, 31.15%bb. Notice from President that person is ene- my or ally of enemy, prima facie defense to suits, etc., 31.15%d (b). Prima. facie evidence thereof, 31.15%d (b). Offenses, forfeitures of property, etc., 31.15%hh. Jurisdiction of courts of Canal Zone, 31.15%ii. - e [Page 2357] TRADING WITH ENEMY Offenses (Cont'd) Jurisdiction of courts of Philippine Islands, 31.15%ii. Punishment, 31.15%hh. Order, ruling or regulation of President as defense to liability for acts done thereunder, 31.15%d(e). Patents, applications for by citizens of United States in country of enemy or ally of enemy, 31.15% ee. Applications for by enemy or ally of enemy, 31.15% ee. Licenses to manufacture, use, etc., articles covered by patent owned by enemy or ally of enemy, con- ditions of, 31.15% ee. Effect of, 31.15% ee. Fees for, 31.15% ee. Injunction against infringement by licensee, 31.15% ee. Percentage of receipts from sales, etc., payable to alien proper- ty custodian, 31.15% ee. Fèepayment, 31.15% ee. Statements by licensees, contents, 31.15% ee. Filing with President, 31.15% ee. Suits against licensee, 31.15% ee. Termination On Suit brought against licensee, 31.15% ee. Terms of, 31.15% ee. Payments to enemy or ally of enemy of taxes, etc., required by laws of country thereof, 31.15% ee. Restraining infringement by enemy or ally of enemy by persons other than licensees, 31.15% ee. Withholding grant of for purpose of keeping inventions secret, au- thority, 31.15%ee, 9429a. Compensation to patentee for use (Cont'd) of inventions tendered United States, 31.15% ee, 9429a. Inventions. abandoned, When, 31.15% ee, 9429a. Payment, etc., of debts, notes, etc., due to enemy or ally of enemy, when un- lawful, 31.15%d (b). Payment, etc., to alien property cus- todian, effect, 31.15%d (e). Persons defined, 31.15%aa. Postponement of performance of certain acts, 31.15% c. Powers of attorney granted by enemy or ally of enemy valid, when, 31.15% ee. Print, newspaper, or publication in for- eign language, filing translations of, 31.15%j. Filing translations of, permits to pub- lish without, 31.15%j. Matters unlawful to be published, in, 31.15%j. Offenses, punishment, 31.15%j. Publications non-mailable, when, 31.15%j. Proclamation of President, 31.15%aa. Property, etc., transferred to alien prop- erty custodian, deposit of proceeds with United States treasury, 31.15%ff. Keeping, etc., 31.15%ff. Powers and duties, 31.15%ff. Sale, 31.15%ff. * * Taxes on, 31.15%fff, Appendix p. 1772. Reports collector of customs of gold and - silver coin, etc., in cargoes intended for export, 31.15%gg. Proceeding; under act, 31.15% co. Property held for debts due to enemy or ally of enemy, 31.15%d. Rules and regulations for enforcement of act, 31.15% c. * Statements of masters of vessels, Own- ers, etc., of cargoes as condition precedent to granting clearance, con- tents, 31.15%g. Copies for American consular officers abroad, 31.15%g. Refusal of clearance, 31.15%gg. Statutes of limitations, relating to rights or remedies on contracts, etc., made prior to war, suspension of, 31.15%dd. Suspension of other statutes, 31.15%dd. Stock, etc., owned by enemy or ally of enemy transferred by Corporation On books to alien property custodian, 31.15%ff. Suits or actions by enemy or ally of enemy prior to end of war, not author- ized, exceptions, 31.15%d (b). Taxes on property held by alien property custodian, 31.15%fff, Appendix p. 1772. To trade defined, 31.15%aa. - is are to sections, except where otherwise indicated.] TRADING WITH ENEMY (Cont'd) Trade-marks, applications for registra- tion of by citizens of United States in country of enemy or ally of ene- my, 31.15% ee. Applications for registration of by enemy or ally of enemy, 31.15% ee. Licenses to manufacture, use, etc., articles covered by trade-marks OWIled by enemy or ally of ene- Imy, Cancellation, 31.15% ee. Conditions of, 31.15% ee. Fees for, 31.15% ee. Injunction against infringement by licensee, 31.15% ee. Percentage of receipts from sales, etc., payable to alien prop- erty custodian, 31.15% ee. Repayment, 31.15% ee. - Statements by licensees, contents, 31.15% ee. Filing with president, 31.15% ee. Suits against licensees, 31.15% ee. Termination of license on suit brought against licensee, 31.15% ee. Terms of, 31.15% ee. Payments to enemy or ally of enemy of tax, etc., required by laws of country thereof, 31.15% ee. Restraining infringement by enemy or ally of enemy by persons other than licensees, 31.15% ee. Transmission, etc., of money, etc., out of United States. 31.15%bb. United States defined, 31.15%aa. TRADING WITH THE ENEMY ACT Text of, 31.15%a-31.15%j. TRAILS Glacier National Park, 5249. National forests, co-operation of states, 5150a. TRAINING CAMIPS Appropriations, 3071b. Arms, stores, etc., for, 3071b. Course of study, 3071b. Instruction camps of naval reserve force, 2900%a (26). Instruction of citizens, 2952c, 3071b. Graduates of Military Academy as instructors, 3071d, Appendix p. 1768. Maintenance upon military reservations, 3071b. Marine corps, 2952c. Sale of uniforms, etc., 2952c. Transportation and subsistence to be furnished by citizens, 2952c. Use of government property, 2952c. Mileage of persons attending, 3071C. Military instruction, issuance of supplies to, 1963d. National Guard, 3072a, Appendix p. 1768, Officers and enlisted men of army to be employed at, 3071b. Pay of persons attending, 3071c. Sale of property to civilians, 3071b. sº purchase, eminent domain, a. TRAINING SCHOOLS Nignal Training School for Boys, 9391- instruction of citizens, etc., Nāal Training School for Girls, 9413- TRAMROAD ACT See Tramroads and Traºn/ways. Text of act, 4943. TRAMROADS AND THRAMWAYS See Highways ; Rights of Way. Right of way, in Alaska, 5087-5090. For furnishing water, 4943. For mining, cutting timber, etc., 4943. Mount Rainier National Park, 5224. TRANSCRIPTS Books, etc., evidence in trial of indict- Hºt for embezzling public money, 1500. Treasury Department, when evidence, 1498, 1499. Fees of registers and receivers, 4474. Journals of Senate or House of Repre- sentatives fees for, 97. Judgments of Court of Claims for set-off or counterclaim, 1137. Money-order account-books of Post-Office Department, when evidence, 1502. Into new books of records, district courts in Texas, Florida, Wisconsin, Minneso- ta, Iowa, Kansas and North Carolina, 1510, 1511. GENERAL INDEX [Page 23581 [References are to sections, except where otherwise indicated.] TRANSCRIPTS (Cont'd) Proceedings of board or commission to enforce Clayton Act, to be filed in Cir- cuit Court of Appeals, 8835.j. Record on appeal, appeals by both par- ties, 1655. Circuit court of appeals, 1656. Equity, admiralty, etc., 1654. Printed record in court below as part of transcript, 1657. Writs of error annexed to and return- ed with, 1653. Capital cases, 1703. Records, registers and receivers, 4475. Surveyors-general, 4459. United States Commissioner on binding over accused to District Court, 5227g, 5230g, 5248g. United States court for China, authenti- cation, 7687. TRANSFER, OF CAUSES See Jurisdiction ; Removal of Causes. Arizona, 1055. . . Bankruptcy proceedings, 96.16. Customs court, 1188. District court of cases pending in Com- merce Court, 1001. Kentucky, 1068. Montana, 1078. TRANSFER. RAILROADS Hours of service of employés, Wages to be computed on eight hour day, 8680a. 4474, TRANSFERS See Assignments; Sales ; Trading with Eºve?71.3/. Bullion for coinage of ingots, 6497. Civil Service employés, notice, 3272. Claims for bounties by colored soldiers, etc., validity, 3969. Clerks from executive departments, 251a. Clerks in first and second class post-of- fices, 7236. Contracts to carry mail, 7451-7453, 7455. Debts in payments to mail-contractors, 7605. Federal reserve bank stock, 9786(9, 12), 9789. Funds of Soldiers’ Home to assistant treasurer in New York City, 9223. Military to naval service, 2582. Money-order funds, Postmaster-General may direct, 7574, 7575. National bank shares, holders’ liability, 9689. Ordnance or stores to other bureaus Or departments, payment, 3108. Pensions to be void, 9077. * Prize property to another district for sale, 8408. Public contracts, prohibited, 6890. Railway postal clerks, 75.12. - Shares of stock to alien property CuS- todian, 31.15%ff. To take advantage of act for protection of persons in military service, 3078%qq. TJnited States bonds by national banks, 97.01–9705. TRANSFER, TAX See Estate T'aac. TRANSILATIONS Copyrighted works, owner, 9517. Print newspaper or publication in for- eign languages, 31.15%j. TRANSILATORS Army service school, 2016.a.a. 2016.a.a., Appendix p. 1755. Auditing accounts of Military Establish- ment at places other than seat of gov- ernment, 420a (d). • Office of Education, salary, 669. State Department, number, 297. Salaries, 297. TRANSIPARENCIES Agricultural Department, TRANSPORTATION See 4 nimals and Animal Industry; Child Labor; Common Carriers ; For- eign Com/merce ; Interstate Commerce Com/mission ; Mails ; Plants ; Rail- 2009 Mail Service ; Steam-Vessels ; Tram roads and Tramways. Animals, carcasses condemned, tions to prevent, 8712. Carcasses unsound, 8712. effect on stöck- exclusive right of sale of, 831. regula- TRANSPORTATION (Cont'd) Animals (Cont'd) Care of, 8651-8656. Diseased, notice to railroads, etc., in infected locality, 8695. Penalty, 8695. Prohibited, 8694. Meats, and meat and dairy products, 8681–8716. From quarantined state, etc., 8702, 8703. Arbitration between carrier and employ- ees, 8666-8676. Army and supplies, 1789, 1974-1978. Allowance on discharge, 2163, 2164a. Army reserve, 1892. Baggage of deceased civilian em- ployés, 2136c, Appendix p. 1758. Chaplains, 1868. Charge against “Transportation, re- cruiting and contingent” fund of transportation of men, discharged, 6750. Contracts, advertisement, 6847. Exceeding necessities of year, 6884, 6885. Control by Secretary of War, 322. Enlisted men, 1892. Estimates for, 6700. Forage, etc., of officers, 2124. Government aided railroads, payment, 10066, 10066a. 10066, Appendix p. 1799. Marine detachments, 1791. Officers, 2137. Baggage on change of station, 2135. Horses of deceased officers, 2136aa, Appendix p. 1758. Horses of officers ordered for duty to Alaska or overseas, 2136b, Ap- pendix p. 1758. Horses on change 2136a. Mileage, 2126. Purchases of horses, 6849. Regular army reserve, 1892b, 1892c. Regulations prescribed by Secretary of War, 321. Reserve officers’ training corps, 1881k. Camp instruction, 18811. Settlement of accounts for, 10062. Supplies by United States vessels, 6857. 2164, of station, 2186, wagons, etc., Articles made of gold or silver falsely stamped, etc., 8805–8811. Artificial limbs, be furnished to persons requiring, 9125, 9127. Civilian to training camps, 3071b. Common carriers to furnish, 8563. Companies, agreements for payment of head taxes, 4289%aa. Bringing into United States alien Sub- ject to disability, etc., 4289%.e. Landing stations for alien passen- gers from Canada, or Mexico, 4289%ll. Penalty for transporting empty casks having uncancelled stamps, brands, etc., in violation of law, 6105. Posting immigration laws by agents, certificate of compliance, penalty, 4257. Regulations for transportation of aliens from contiguous countries, 4289%mm. Responsibility for safe-keeping of aliens temporarily removed for ex- amination, 4289%hh. Solicitation of immigration, 4289%d. Condemned ordnance for soldiers’ homes, 3101. Control of systems by president in time of war, 1974a. Definition, 8563. Employés injured in service, expense of, 8932e. Engineer bfficers on river and harbor work may hire, 9877. Explosives, 31.15%.co. Causing death or injury by illegal transportation, 10406. * Forbidden on vessels or vehicles with passengers for hire, 10402, 10404. Marking packages of explosives, 10405. free transportation to . TRANSPORTATION (Cont'd) Explosives (Cont'd) Military transportation, 10403. Regulations to be made by Interstate Commerce Commission, 10403. Vessel, 8016. Fuel by naval auxiliaries, expense charg— ed against appropriation “fuel and transportation,” 6762d. Game, illegally killed, illegally killed in, Crater Lake National Park, offense, 5230d. Glacier Park, 52480i. Mount Rainier National Park, of- fense, 5227d. Shipments in game season, feathers of barnyard fowls, 10412. Marking of packages containing dead bodies or plumage of, 10413. .* Penalty, 10414. Indian supplies, contracts with common carriers, 4049. Payment to 10067. wº transportation, payment for, Insect pests, 8748-8751. Insurrection, goods in aid of prohibited, 10154. Internal revenue tax, 6309%a-63091%d. permitted, National offense, land-grant railroads, Intoxicating liquors, carrier collecting purchase price of interstate ship- Inent, 10409. Delivery of shipment to other than bona fide consignee, 10408. Into District of Columbia, 342134b. Shipping packages not plainly mark- ed., 10410. Larceny of goods in course of, 8603. Loss, damage, or delay of property, re- moval of causes against common car- riers, 1010. - Lottery tickets, etc., 10407. - Mails, see Mails; Railway Mail Service. Merchandise in bond, 5695-5709. Abatement of duties for injuries dur- ing, 5677. Articles manufactured in bonded Warehouse may be removed to Pa- cific coast for exportation, 6340. Articles not intended for sale, special delivery, 5705–5708. Breaking and entering vehicle con- taining, 57.01. Carriers, designation and bond, 5697. rºtation with benefit of drawback, Over foreign territories between Unit. ed States ports, 5691. Impoº not consigned to inland port, 3. To another port for exportation, 5755-5757. To be re-warehoused in another district, 5685, 5686. Inspectors for goods transported over foreign territory, 5709. Manner of, 5698. Packages when less than carload, 5699. Ports to which goods may be trans- ported, 5702. Time for landing, 5704. Transfer from vessel to car, 5700. Transit to foreign countries, 5690. Migratory game and insectivorous birds, 8837c, 8837d, Appendix p. 1795. Forfeiture, 8837e, Appendix p. 1795. Scientific or propagating purposes, 8837h. Appendix p. 1795. Militia, 3066b. Naval militia, encampment, maneu- vers and field instructions in connec- tion with regular navy, 3078a (21). National bank notes forwarded for re- demption, 9751. Naval officers and men dying in service, 2870a. - Navy, contracts for, 6862. Mileage to officers, 2844-2850. Prisoners discharged, 3040. Settlement of accounts for, 10063. Trave; allowance to enlisted men, 2858. Obscene books, etc., 10415. Obstructing during war with Germany, penalty, 8563(9). GENERAL INDEX TRANSPortATION (Cont'd) Oil, etc., by pipe lines, regulation of, 85.63. Opium, in China by citizens of TJnited States, 8799. - In China by citizens of United States, forfeiture, etc., 8801. - Smoking opium, not to be admitted for transportation to another Coun- try, 8801c. - Unregistered persons, offense, ,6287i. Oriental persons to be held to service pro- hibited, 4345. Panama Canal, jurisdiction of Interstate Commerce Commission, 8569 Paroled prisoners, 10542. - Passengers and merchandise by vessels, 7.997-8035. Ocean mail vessels, 7532. Steam vessels, 8225-8276. - Payments for, army over government aid- ed railroads, 10066. Indian goods and supplies OVer gov- ernment aided railroads, 10067. - Property or troops over certain rail- roads prohibited, 10065. Possession of systems by . President time of war, 1974a. Preference to commodities necessary for national defense, 8563(10). - Preference to military traffic in time of war, 8.569 Preference to shipments to agents of United States, embargo, not to affect, 569. Prisoners, 10556, 10557. º Expenses, 10547. & - Prize fight films, etc., prohibited, punish- ment, 10416-10418. * - - Provisions and supplies to Pribilof IS- lands, 8865. Quartermaster General’s duty as to prop- erty for national museum or civil or naval departments, 1792. - Railroads prohibited from transporting articles manufactured, mined or pro- duced by it, 8563. ' - - Railroads required to transport engineers, supplies, etc., , for purpose of making physical valuation of property Of carrier, compensation for Service, 8591a. Red Cross Association, 7706. Remains of deceased employés of exeº- tive departments, expenditures for, 274. Remains of government employe injured in service, 8932f. - Remains of officers, enlisted mºn, of army, 2019.c, Appendix p. 1755. Seamen, discharged, 837.2-8374. To place of shipment, 8317. in etc., Services rendered or instrumentalities fur- | nished by owner of property, allowance for to be no more than just and rea- sonable, 8583. Settlement of accounts for, army trans- "portation, etc., 10062. Cértain railroads, credit on notes, 10064. Navy and Marine Corps transporta- tion, 10063. Silver coin, free, 6493. Slaves, forfeiture of vessel, 10429. Persons to be held as, 10423. Stolen goods while in interstate Com- merce unlawful, penalty, 8603. Systems * control, 1974a, 31.15% a-31.15%.p. Aś of act by carriers, 31.15% b. Act applicable to systems subsequent- ly taken over, 31.15%i. - Act August 29, 1916, c. 418, to remain in force, 31.15% i. - - Act declared emergency legislation, 31.15%p. Actions by or against carriers under federal control, 31.15%j. Additions, betterments, etc., 31.15% f. Advice, etc., of Interstate Commerce Commission, etc., 31.15%h. Agreements a.S to compensation, 31.15% a, 31.15% c. Agreements as to losses from better- ments, extensions, etc., 31.15% e. Appropriation for revolving fund, 31.15%f. Boats, barges, etc., purchase, 31.15% e. Bonds for maturing obligations, etc., purchase by United States, 31.15%g. Canals, operation of, 31.15%.e. Claim for losses from betterments, etc., how determined, 31.15%.e. Claims for compensation, based on findings of boards, 31.15% c. Contempts of court, 31.15% c. [Page 2359] [References are to sections, except where otherwise TRANSPORTATION (Cont'd) Systems under federal control (Cont'd) Claims for compensation (Cont'd) Preferred cause in court of claims, 31.15% c. Procedure in Court of Claims, 31.15% c. Submission to boards, 31.15% c. Powers of boards, 31.15% c. Computation of income, 31.15% a. Determination Of pending against carriers, 31.15%m. Employment of agencies in operation of Canals, etc., 31.15% e. Existing laws or powers of state as to taxation, etc., 31.15% o. General powers of President, 31.15%h, Ca,SeS 31.15%i. - Increase of compensation, 31.15% d. Interest on sums due carriers, 31.15%b. Interest on sums due United States, 31.15% b. Levy of process against carriers un- der, federal control, 31.15%j. Liability of carriers under federal control, 31.15% j. Losses to carriers from betterments, extension, etc., how determined, 31.15%.e. Maintenance, repair, etc., of proper- ties, 31.15% a. - Officers and employés of United States not to receive additional com- pensation for services, 31.15%h. Operating income, acquired or leas- ed lines, 31.15% a. Balance covered into treasury, 31.15%l. Consolidated lines, 31.15% a. Disbursements from, 31.15%l. Property of United States, 31.15%a, 31.15%l. - Payment of compensation without agreements, 31.15%b. Payment of dividends, approval by President, 31.15%.e. Payment of war taxes, 311534a, 31.15%l. 0. Proclamation of President, 1974a, 31.15%h. . Railroads included, 31.15% a. Rates, classification, etc., 31.15%j. Relinquishment of control, 311534 n. Reports to congress of expenditures from appropriations, etc., 31.15%g. Secretary of Treasury to represent United States in connection with bonds, etc., 31.15%g. Stay of execution. 31.15% m. Taxes, payment, 31.15%a. Time during which federal control to continue, 31.15% n. Transfer of causes brought by or against carriers, 31.15%j. Violations Of act, 31.15% k. Venue of prosecutions, 31.15%k. United States notes, bonds, etc., expenses of, 6658. Vehicle includes what, 4. White slave traffic, 8812-8819. TRANSPORTATION COMPANIES See Transportation. TRANSPORTATION SYSTEMS See Transportation. TRANSPORTS Army, ºtail of navy officers to inspect, punishment, United States Shipping Board may Construct, lease, etc., vessels suita- ble for, 8.146c. Navy, sale of unsuitable vessels, 2787a. Pay for ocean mail vessels taken by "United States, appraisement, 7538. TRANSSHIPMENT Imported merchandise transportation, 8098. TRAVEL By alien enemies, 7615. TRAVELERS Immigration, 4289%b. TRAVEL PAY AND EXPENSES See Mâleage. Advisory commission to council of na- tional defense, 3115b. Agents to, manage seal fisheries in Alas- ka, 8862. - Superintend Railway Mail Service, 574-577. - for immediate indicated.] TRAVEL PAY AND EXPENSES (Cont'd) Arbitrators between carriers and em- ployees, 8675. Army, 2126. Alaska, 2127. Cadets, at military academy, 2268. Discharge, 2163, 2164, 2164a. Enlisted men, incident to entry in or #º from duty, 2126b, Appendix p. oºs detailed for lighthouse service, Regular army reserve, 1892b. Assistant general superintendent of Rail- Way Mail Service, 577. ASSistant superintendents of, free delivery in postal service, 573. Railway Mail Service, 7508. Board of Ordnance and Fortification, 3112. Board of visitors to naval academy, 2756, 2756a, 27b). Bºº. inspectors, 8632, 8633, Appendix p. 794. California. Débris Commission, 10006. Chief clerk of Railway Mail Service, 577. Chief examiner of Civil Service, 3274. Chief of post-office inspectors, 576. Civil Service commissioners, 3271. Clerks detailed to and from offices of Surveyors-general, 4460a. Clerks, of courts, 1390. Commercial attachés, Department of Com- merce, 854a. commºons on Industrial Relations, To investigate relations between Car- rier and employé, 8680b. Consular inspectors, 3141a. Consuls-general when detailed for special duty outside city of Washington, 3131a. Consuls when detailed for special duty outside city of Washington, 3131a. Delegates to International Commission of Congresses of Navigation, 7833. w Deputy marshals, 1422. Director of the Mint, 508. Disbursing officers of National Guards, 3064a, Appendix p. 1768. District attorneys and assistants, 1390, 1420, 1432. - Southern district of New York, 1442. Employés; Agricultural Department, 806. Agricultural department, per diem in lieu of, 811. Purchase of mileage and mileage books, 809. Street car fares, reimbursement, 12. Transfer from one Station to an– other, 810. Employés at Bureau of War Risk Insur- ance, 514ll. Executive departments, 277. Internal revenue service, per diem in lieu of subsistence, 5861a. Weather bureau, 845. Enlisted men, 2126a. Enlisted reserve corps, 1892e. Expenses actually incurred only allowed, 3236, 3236a. Federal Farm Loan Board, 9835b (2). Federal reserve bank directors, 9788 (5). Federal Reserve Board, 97.93(1). Rederal Trade Commission, payment, 8836b. Fleet naval reserve force, active service, 2900%b (3). Gaugers, internal revenue, when detailed to fruit distilleries, 61.14d. Indian agents, 4023. Inspeº of, locomotive boilers, 863 Steam-vessels, 8168, 8169. 8168, Appendix p. 1791. Internal revenue agents per diem in lieu of subsistence, 5861a. Interstate Commerce Commission, 8587. Judges and justices, 1236. Judges of Court of Customs Appeals, 1180. Managers of national home for disabled volunteer soldiers, 9242, 9243. Marine corps, mileage not to be paid where transportation furnished by gov- ernment, 2935a. Marshals, 1386, 1390, 1424. Members and Delegates in Congress, 35, 47, 53, 54. Certificate, 49, 50, 52. Disbursement by sergeant at arms, 100. Members of advisory board of hygienic laboratory, 9143. * Members of fleet naval reserve assigned 8632, to active duty, 29.00%b(3). GENERAL INDEX IPage 23601 [References are to sections, except where otherwise TRAVEL PAY AND EXPENSES (Cont'd) Messenger of circuit court of appeals, eighth circuit, 1340. Militia, 3064a, 3066. Officers and men of National Guard. attending military service schools, 3072b. - - Mississippi River Commission, 9996. Naval militia, accounting officers, 3078a. Actual service, 3078a028). Attendance at military schools, 3078a. (27). Disbursing officers, 3078a(29). Navy, civilian employés in insular pos- sessions, 2797. Enlisted men, 2858. Officers, 2844-2850. * Detailed for lighthouse Service, Mileage not to be paid, where transportation is furnished by government, 2850a. Officers, Agricultural Department, diem in lieu of, 811. Agricultural Department, Street Car fares, reimbursement, 812. Transfer from one station to an- other, 810. per Engineer corps on river and harbor. works, 9876. * Executive departments, reports, 277. Indian affairs, 4023. National Home for Disabled Volunteer Soldiers, 9244. Weather Bureau, 845. Panama Canal, auditing accounts, 10054c. Parole Officer, 10541. Persons attending training.gamps, 3071C. Persons employed in auditing accounts of Military Establishment at places other than seat of government, 420a (g). Philippine resident commissioners, 3815. Post Office inspectors, 7547–7549, 7551. President, 225. Railway postal clerks, 7519. Regular army reserve, 1892c. Revenue cutter officers detailed for duty in life-saving service, 8463. Secretary in diplomatic Service. When de- tailed for special duty outside city of Washington, 3131a. Signal corps officers and men, agents, etc., 1867 n. - º Special agents, examine, depositaries, 6653. Treasury department, º re-keeper-gaugers, interna revenlle, sº .# to fruit distilleries, 61.14d. Subsistence allowance, limitation on, 3236a. g • º Superintendent of Railway Mail Service, civilian Supervising inspector general of Steam vessels, 8155, Appendix p. 1. Supervising inspectors of steam vessels, 8157, Appendix p. 1791. Surveyors General, clerks transferred be- tween offices, 4460a. Teachers instructing children of keepers of lighthouses, 8435c, Appendix p._1792. Town site trustees in Oklahoma, 5035. United States district judges sitting in district court of Panama Canal Zone, 10044. TREASON Attainder not to continue after death of person attainted (Const. art. 3, § 8, cl. 2). Copy of indictment, and list of jurors and witnesses, when to be delivered to person indicted of, 1699. - Defined, 10165; (Const. art. 3, § 3, cl. 1). Extradition (Const. art. 4, § 2, cl. 2). , Impeachment for (Const. art. 2, § 4). Letters, writing of, etc., advocating non- mailable, 10401b, 10514a–105.14d. Limitation of time for finding indictment of, 1707. º Misprision of treason defined, punish- ment, 10167 Philippines, vict, 3811. Proclamation of President, p. 1676. Proof or confession required for convic- tion (Const. art. 3, § 3, Cl. 1). Prosecutions for, not affected by chapter relating to neutrality, 10182. Punishment, 10166. Power of Congress to declare (Const. art. 3, § 3, cl. 2). Right of defense by counsel, and to com- pel Witnesses upon indictment of, 1700. evidence necessary to Con- TREASURIER OF UNITED STATES General provisions, 6578-6670. Absence, authorization of cIerk to act, Accounts, examination of by Auditor, 420. Quarterly to Comptroller, 478. Report of rendered and settled, printing, 7076. sº account of money-order funds, 7 s Appointment, 472. Assistant treasurers and deputies, ab- sence, etc., authorization of Clerk to act, 476. , Accounts, §xamination by auditor, 420. Additional bond for value of inter- nal revenue stamps furnished to, 6318h. - Appointment, 475. Bonds, 0. Liability for acts of deputy, 6602. Books, etc., of examination by naval officer and surveyor, 6654. Boston, New York, Philadelphia, Bal- timore, New Orleans, St. Louis, San Francisco, Cincinnati, and Chicago, 6584–6601. At Carson mints and Boise City aS- say office, 6583. Charleston abolished, 6585. Collectors and receivers of public money to pay all public money to, without deductions, 6604, 6606, 6611. Commissions and perquisites prohib- ited, 6587. Deputies to act in case of sickness or absence, 6602. Detailed from office of for employment in office of treasurer, 367a. Discharge of duties of treasurer, 476. Examination of money, etc., in hands of, 6654. Gº, deposits with, certificates, 6564– 67. Internal revenue stamps delivered to, 6318h. Money-order funds, special account Of, 7577. - Payments to by collectors and receiv- ers, 6604. w Postmasters of their cities to deposit with, 7210. - Public money, duties, 6638. Receipts for deposits, 6615. Redemption of minor coins, 6495. Report of outstanding liabilities, 484. Rooms, etc., of, 6588, 6589. Salaries, 352, 475, 6586, 6587. Silver coins sent to, 6490. Subordinate officers, Baltimore, Boston, 6591. Chicago, 6600. Cincinnati, 6601. New Orleans, 6598. New York, 6592–6594. Philadelphia, 6595. St. Louis, 6597. San Francisco, 6599. Superintendents of mints and assay- ers to receive gold on deposit, 6565. Term of office, 6584. Transfer of gold mint bars from New York assay office to assistant treas- urer’s office, 6525. Auditors’ certificates or requisitions, du- ties as to, 427. 6596. Bond, 474. Custody of, 3288. Business engaging in certain, forbidden, 377. Coins, abraded coins received by, 6442. Gº; coin deposited with, 6564, 6566, 567. , Minor coinage profit fund, payments to from, 6494. Recoinage, abraded gold Gold coins, 6450, 6451 Gold three dollar and One dollar pieces and three Cent nickel pieces, 6450. Redemption of minor coins, 6495. Registration of letters containing cur- rency for redemption, 7409. Silver coin deposited with in exchange for silver certificates, 6454. * Spanish and Mexican coins, by, 6539. Custody of Stocks, bonds, etc., held in trust for Indian tribes, 4075. Customs duties, payment of under pro- test credited to, 5713. Refund, 5718. Débris fund, 10027. coins, 6451. received indicated.] TREASURER OF UNITED STATES (Cont'd) Deposits, by alien property custodian, 31.15%ff. Balance to credit of silver profit fund in mints, 6473. Miscellaneous postal receipts, 7599. Money order receipts, 7599. Postal savings funds, 7588. Proceeds of Sale of perishable proper- ty seized under customs laws, 5783. Receipts for use of government wharf . . at Sitka, Alaska, 6929. Division of issue, establishment, etc., 477. Division of redemption, establishment, etc., 477. - Drafts remaining unpaid for three years, payment by, 481-483. Exchange of, lawful money for subsidia- Ty Silver coin, 6492. Subsidiary silver coin for lawful mon- ey, 6491. Federal reserve banks, deposit of bonds to Secure circulation, 9788(4). Deposits of gold coin or gold certifi- Cates, 9799 (14). Payment of expenses of organization, 9786(13). Redemption of Federal reserve notes, 9799(3). Retirement of circulation of member banks, 980001-5). Sale of United States bonds on, 98.00(1). Vouchers for expenses of organization, 9786(13). Funds of Soldiers’ transfer of, 9223. General duties, 478. Inspection of moneys by Secretary or Comptroller, 478. Interest on bonds of bank to be withheld Home, deposit and On account of deficiency in capital stock, 9767. - Internal revenue, receipts for gross amount of, paid in by officers, 5932. Liabilities outstanding more than three years, covering in of, 480. Miscellaneous Receipts, sale of animals or animal products by Secretary of Agriculture, 814d. Sale of publication of names in First Census, 4420. National banks, consent to withdrawal of Circulating notes, 9709. Custody of bonds, 9706. Deposits for redemption of notes on dissolution, 9809. - Interest on bonds, retaining as pen- alty for refusal to make reports, 97.77. Rºyers to pay over money collected, 21. Redemption of circulation, 9751. Disposition of money deposited for, 9754. On destruction of redeemed notes, 9811, 9812. On dissolution, 9811. Expenses, 9753. Reserve for, 9751. Taxes, assessments without return of circulation, deposits and capital stock, 9781. Refunding excess, 9783. Reservation out of interest On bonds, 9782. Return of circulation, deposits, and capital stock as basis of, 9780, 9781. Transfers of bonds, 9701–9705. Postal savings system, clerks and em- ployés, 361. Treasurer of board of trustees of postal savings depositories, 7588. Public moneys, 6578-6670. Collected in District of Columbia, paid to, 6604 Place of deposit of, 6578. Postal deposits, transfer, 6640. Postal revenues, 7598–7609. Receipts for, 478, 6615. Postal revenues, etc., 596. Received and kept by, 478. Subject to draft of, 6582, 6643. War and Navy Departments, drawn, 6746. Report of accounts with, three years, etc., 483, 484 Reports, of outstanding liabilities, 484. Rooms in Tréasury building at Washing- ton assigned to, 6578. how unchanged for Salaries of Senators, etc., paid by. 479. GENERAL INDEX [Page 23611 [References are to sections, except where otherwise TREASURER OF UNITEE) STATES (Cont'd) Salary, 352, 472, 473. Soldiers’ savings deposits, 2.193. Statements of, publication, 400. Supreme Court reports for, 1203. Treasury notes, redemption, 6475. TREASURE&S FI awaii, see Hawaii. Porto Rico, see Porto Rico: TREASURY DECISIONS Reversal or modification of, TREASURY DEPARTMENT See Accounting Officers ; Auditors ; Clerks ; Commissioner of Internal Reven we ; Comptroller of Currency Comptroller of Treasury : Chlstoms Dºwties ; Departments : Engraving and Printing ; Internal Revenue : Law Clerks ; Mints; Public Buildings and Grounds; Public Money; Reg- ister of Treasury : Secretary of Treasury : Special Agents : Supervising Archi- tect ; Treasurer of United States. Superintendent of treasury building, See Superintelvdents. General' provisions, 349-378. Applicable to all Executive Depart- ments, 232-283. Accounts and accounting, accruing in, examination of by Auditor, 419, 420. Columbia Institution for Deaf to be settled at, 9346. Division of bookkeeping and Warrants to keep, 356 Internal revenue receipts, 370. National Home for Disabled Volun- teer Soldiers, audited by, 9278. Payments to Indians from moneys ap- propriated in satisfaction of judg- ments, 4055. Sales of pnerchandise in public store transmitted to, 5660. Advances, to reclamation fund, 4710. For work on vessels for lien, 6648. Agents, detail for enforcement of act re- lating to viruses, serums, etc., 8782. Detail for inspection of establishments for propagation and preparation of viruses, serums, etc., 8780. Interference with enforcement of act relating to viruses, serums, etc., 8783. Practice before Department, 385. Alaska fund, expenditure, indigent per- sons, 3592, 3593. - Expenditure, roads, 3592, 3593, 3594. For schools, 3592, 3593, 3605. Sources, 3592. Appropriations bureaus of Navy Depart- ment to be kept separate, 6753. Contingent expenses, 373. Permanent appropriations, 6799 (3-27). Public buildings under control of, 6790-6792. Disposal of balance, 6791. Gas apſi electric lighting fixture expenditures, 6920a. How long available, 6791. Attorneys, practice before Department, 385 383. Binding, registered bonds and Written records at, 7157. Building, alterations riot, to be made With- out specific appropriations, 6908. Buildings under control of, appropria- tions, 6795. Bureau of Engraving and Printing, 510– 514 Bureau of the Mint, 507–509. Canadian grain regulations for bringing into country to be ground, 5320. Chief clerk, chief executive officer, 353. 353, Appendix, p. 1737. Designation to sign official papers, etc., 353, Appendix p. 1737. Salary, 353, Appendix p. 1737. Claims by and against United States, set- tlement of, 368. Classification of clerks under Civil Serv- ice laws, 3277. Coast Guard, operating under in time of peace, 84.59%a(1). Cºmissioner of Internal Revenue, 490– Construction branch, salary of supervising architect, 352. Contingent expenses, allowance, 371. Appropriations for bureau of engrav- # and printing not to be used for, Report of amounts expended, 397. Solicitor of Treasury : . TREASURY DEPARTMENT (Cont'd) KCredit to appropriation “Pay miscellane- ous” on account of Navy Department of ºums from sale of exchange, etc., Deposits with, money of deceased inmates of Navaſ Home and hospital in, 9208. Moneys paid into court, 1644. Receivers, moneys deposited by un- known parties, 4489. Repayment, limitation, 4490. Samples of wool and hair, 5612. Soldiers’ Home funds, 9222, 9223. Tuition fées for admission of white children to Indian day Schools to school fund, 4179. Detail of certain officers for duty at, 365. Director of the Mint, 507–509. Disbursing clerk to act for United States Tariff Commission, 5326bb, Appendix p. 1778. Divisiºns of, bookkeeping and warrants, 56. Currency, 352. Consolidated with division of loans, 355. Issue and redemption, 477. Loans, 352. Consolidated, with currency, 355. Warrants, estimates and appropria- tions, 356. Documents, designation of chief clerk to sign, 3. . Sale of worthless, 833. Employés, detail for enforcement of act relating to viruses, serums, etc., 8782 Tetail for inspection of establish- ments for propagation and prepara- tion of viruses, serums, etc., 8780. Interference with enforcement of act relating to viruses, Serums, etc., 8783. Salaries, 352, Appendix p. 1737. . Employment of persons to prevent viola- tions of law, 378a. 37.8a, Appendix, p. 1738. Engraving and printing, etc., 6551-6556. United States notes, etc., 6551. Federal Farm Loan Bureau, establish- ment, 9835b (1). Federal Reserve Board offices, 97.93(2). rººm reserve notes redeemed at, 9799 Fiscal year, 369. Fisheries, jurisdiction transferred to De- partment of Commerce and Labor, 858. Furniture and repairs, 375. Fur seal, jurisdiction transferred to De- partment of Commerce and Labor, 858. Immigration, jurisdiction transferred to Bºartment of Commerce and Labor, 58 notes, bonds, Independent treasury, reports of expendi- tures for contingent expenses, 276. Internal-revenue, accounts kept in, 370. Collections by collectors to be covered into as internal revenue collections, 5933. Inspection of opium orders by officers of, 6287h Library, transfer of books to life-saving stations, 8468. Life-saving service, 8460–8547. Location at seat of government, 349. Mailing packages of money and secu- rities without stamps, 7364. Miscellaneous receipts, customs, fines, 5795, 5796. Fund arising from head tax on aliens, 4243. National Home for Disabled Volunteer jºiers, expenditures of audited by, Notices to copyright proprietors of im- portation of infringing articles, 9554. Officers, 352. Commissions, 3250. Detail for enforcement of act relat- ing to viruses, serums, etc., 8782. Inspection of establishments for prop- agation and preparation of viruses, serums, etc., 8780. Interference with enforcement of act relating to viruses, serums, etc., 8783. Restrictions as to certain kinds of business, 377, 378 Salaries, 352. 352, Appendix p. 1737. Holding over, 3229. indicated.] TREASURY DEPARTMENT (Cont'd) Offices, bureaus, etc., transferred to De- partment of Commerce and Labor, 857, 859, 860. Official papers, designation of chief clerk to sign, 353. Official Register, for, 7092. Organization of, 2. Pamphlet copies of statutes for, 7071. Postal conventions for, 7029. Practice before. 385. Public and private laws for, 7029. Public Health Service, detail of surgeons for duty in Bureau, 9137, 9138. Jurisdiction of over, 9134, 9149. Repayment of purchase money on appli- cations to €nter lands, etc., afterwards rejected, 4491. Reports, Court of Customs Appeals, print- ing, 1183. Director of mint, distribution of, 7123. Number of copies, distribution, 7084. Salmon, jurisdiction transferred to De- partment of Commerce and Labor, 858. Secretary to be head of, .349. Secret service, Federal farm loan offens- es, 9835v (6). Settlement of claims ed States, 368. sº For property lost in military service, , 6403a. 6403-6403(4), Appendix p. 1781. Property lost in naval service, 6404. Shipping commissioners expenditures, audit, 8287. Stamps for playing cards, 63.10. Statutes at Large for, 7072. Sub-Treasury, expenditures for contingent expenses, reports of, 276. Territorial accounts and disbursements, Trade-marks and commercial names re- corded in, 9513. Transcripts from books, etc., as evidence, 00. by and against Unit- As evidence against delinquents a C- countable for public money, 1498. As evidence in trial of indictment for embezzling, 1500. Treaties for, 7029. United States Tariff Commission to co- operate with, 5326h. Vouchers, payments from contingent fund of senate for committee expenses, 108. Warrants, accompanied by Auditor’s cer- tificate or requisition, 427. Appropriation to which charged, speci- fication of, 427. Assistant Secretaries of Treasury to examine, 379. .” Countersigning, 412, 413, 427, 478. Bººie: clerk, 414a, Appendix p. 8. Drawing, 478. Grant by Secretary in pursuance of appropriations, 381. Money of Post-Office Department, how issued, 6747. Money of War and Navy Departments, how countersigned, issued, etc., 6746. Premiums on, to be accounted for, Receipts or payments by Postmaster- General, 419. Signº; assistant secretaries when, Clerk, when, 380. Pºgation of authority to sign, Time for issue, 425. Transfers to disbursing officers, 6612. What to specify and where to be re- corded, 6748. War risk insurance, 514a–514v.v. 514b%, 514e, 514i, 514 mmm, 514 nnn!/3, ã14nnn+4, 514nn.nº/3, 514 nnn84, 514nnnn, 5140, 514ooo, 514oooo, 514pp, 514qq, 514qq%, 514qqq, 514qqqq, 514qqqq}%, 514r, 514rrr, 514tt, 514ttt, 514tttt, #", 514uu%, 514 uuu, Appendix p. TREASURY NOTIES See Circulating Notes ; ey ; Legal Tender ; Notes. Cancellation, 6485. On eoinage of silver dollars and issue of silver certificates, 6483. Counterfeiting, forging, etc., 10317–10348. Cº.; to officers On paying stolen notes. Lawful Mon– United States GENERAL INDEX IPage 2362] [References are to sections, except where otherwise indicated.] TREASURY NOTES (Cont'd) Debts payable with, debts due States, 6379. Debts of United States, 6382. Duties on imports, etc., 6379. Notes issued under former acts, 6576, TJnited Denominations, 6474. Engraving, etc., expenses of, 6552. Exemption from taxation, 6816. Imitating or printing advertisement there- on, 10347. Included in phrase “obligation or other security of the United States,” 10317. Issue, in payment of silver bullion, 6474. Under Federal Reserve Act, for ex- change of gold bonds, 980007). Legal tender, 64.75. - Limitation of amount outstanding, 64.75. National bank reserve fund, 6475. Premium on, accounting for, 6656. Receipt of by collectors and others, 384. Redemption, 477, 6475. Fund for, 6481. Reissue, 6481. Using mails to defraud, 10385. TREASURY OF UNITED STATES See Public Money. Establishment, 6578. What constitutes, 6578. TREATHES Abrogation, provision relating to arrest and imprisonment of deserting seamen, notice, 8382a–8382c. - Alaska fisheries act not to affect, 3627. Appeals and writs of error in cases in- volving, 1186, 1222, 1224, 1225a, 1227(3). To Supreme Court, 1214, 1215. Apprehension and surrender under, . Of persons charged as fugitives from jus- tice, 10110–10.125. Appropriations for expenses of, 293. Reference to in estimating eXpenSeS to be appropriated for, 6671. Arrest and commitment of foreign Sea- men in case of dispute, 7629–7631. Certiorari from Supreme Court in cases involving, 1214. Chinese Exclusion Act, 4326. * . Claims growing out of not cognizable in Court of Claims, 1144. Copies of for public printer, 308. Cuba, and United States, 7679. - Customs duties, discount on duties on im- portations in United States vessels not to violate, 5311. Discriminating duties against impor- tations in foreign vessels not to Vio- late, 5305. Independent State Of The Kongo, arrest and imprisonment of deserting seamen, abrogation, notice, 8382b. Indians, abrogation, 4035. Appropriations to carry out. 4070. Not to be used to supply subsist- ence deficiency, etc., 4065. Cession of lands to United States, dis- posal of proceeds, 4069. Proceeds not subject to deductions for expenses of public land serv- ice, 4071. Claims growing out of, not cognizable in Court of Claims, 1144. Correspondence with foreign nations to cause violation of, penalties, 4097. Effect, of provisions in treaty as to allotments in severalty, 4195. Goods Withheld from chiefs who have violated treaty stipulation, 4085. Investment of proceeds of lands, 4074. Investment of stock, direction of Pres- ident, 4073. Misapplication of funds, 4081. Not to be made with, 4034. Payment of annuities under, 4036. Penalties for negotiations of, without consent of United States, 4100. Purchase of goods required by, 4038. Purchase of land located under treaty Yº Chippewas, When permitted, 4776. Sale of Indian lands to be by, 4100. Seditious messages to cause Violation of, penalty for carrying, 4096. Sending seditious messages to cause Violation of, penalty, 4095. Judicial authority of ministers and con- suls of United States in certain foreign countries, having treaty relations with TJnited States, 7633–7676. TREATIES (Cont'd) Judicial power of United States extended to Cases arising under (Const. art. 3, § 2, cl. 1). Suits arising under, 991(1). Notice of abrogation, provision for arrest and imprisonment of deserting seamen, 8382a-8382C. Pºhlet copies of as evidence, contents, Possession or control of property or pa- pers in aid of foreign government in violation of treaty rights, 102.12i, 10514a– 105.14d. - Postal, 587, 588, 590. Cºgºs filed with Secretary of State, Postmaster-General to make, 587. Power to make (Const. art. 2, § 2, cl. 2). Prints, opies of Statutes as evidence, Of Little & Brown’s Edition, 1522. Of Revised Statutes, 1523. $ Printing and distribution of copies, 7029. Prize laws not to contravene, 8426. Publication, 7184. . In District of Columbia of treaties re- quired to be published in District of Columbia, Maryland and Virginia, 7182. Rºrocal trade agreements authorized, Reciprocity treaty with Cuba, not affected by Underwood Tariff. Act, 5293. g Removal of causes arising under, 1010. Restrictions on importations on foreign vessels not to violate, 5306. - Review of decisions of state courts in- volving validity, 1214. Seamen, arrest, imprisonment of desert- ers, termination, notice, 8382a–8382c. sº prohibition (Const. art. 1, § 10, Cl. J. J. Suits by aliens for torts, jurisdiction, 991(17). Supremacy (Const. art. 6, cl. 2). Tonnage duties, not to impair, 7820. United States court for China, 7687–7696. TIREIB.I.E DAMAGES Discrimination by Pacific railroads, 10057. Importation and sale of goods at less than foreign market value, 8836m. Monopolies, 8829, 8835. TREES See Timber; Timber Culture. Acquisition of lands to plant by railroads and Indian reservation, 4189. Hot Springs Reservation, injuries, alty, 5263. - Nººnal military parks, destruction, etc., 5284. Fººtion of timber on public lands, 4977– 4996. - pen- TRESPASS Bull Run National Forest, 10222. Crater Lake National Park, 5229. Fortifications, 10208. Glacier National Park, 5247. Indian lands, 4109. Indians, 4110, 4111. Mount Rainier National Park, 5223, 5224. National military parks, 5285, 5287. Quarantine reservations, penalty, 9.175. Railroad train, etc., 10495. Sequoia National Park, 5207, 5208. Yellowstone Park, 5188—5190. Yosemite National Park, 5209, 52.10. TRIAL - See Consular Courts; Speedy Trial ; Suºm/mary Trials ; Verdicts. Contempt proceedings, 1245b. Docket fees, 1378. Issues of fact, 1583–1587. In Supreme Court by jury, 1212. TRIBES See Five Civilized Tribes ; Indians. TRIPLE VALUE Forfeiture for merchandise transferred unlawfully, 5556. TRIPOLI See Consºlar Coºl'rts. Consular courts of United States in, pro- visions relating to extended to, 7673. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7673. TRIPOLITAN WAR |Naval records of, custody of, 618. TROOP Cavalry, 1718. Bugler, 1718. Composition of, 1718. Horse-shoers, 1718. Machine gun, mechanic, 1718. Mess sergeant, 1718 Stable sergeant, 1718. Supply sergeant, 1718. TRUMPETERS * Army, pay, 2144, 2145. Marine Corps, 2908, 2910–2913, 2918. Increase in number, 2918C. TRUSSES Army and Navy, 514r, 2184-2186. Estimates for purchase of, 6701. TRUST COMPANIES Advances to by War Finance Corpora- tion, 31.15%dd, 31.15%.e. “Bank” or “banks” includes, 31.15%aa. Certified checks of receivable for Customs duties and internal revenue taxes, 5711, . 5712. Deposit of proceeds of sales of United States bonds, etc., 6829m. Directors, interlocking directorates for- bidden, exceptions, 8835h. Employés, employment in more than One bank forbidden, exception, 8835h. Examination, 9832. Piscal agents in sale of United States bonds, etc., 6829m (9%), Appendix p. 1783. Interlocking directorates, forbidden, 8835h. Officers holding Office in more than One bank forbidden, exception, 8835h. Reports, 9778. TRUST DIEED Interest on, income tax, withholding at source, 6336iſc]. By persons in military or naval Serv- ice, protection of, 30.78%ff. TRUSTTEES See Bankruptcy Postal Savings De- positories. Alien property custodian vested with powers of, 31.15%ff. Common carriers application to of laws concerning physical valuation of property of common carriers, 8591. Regulations, etc., of Interstate Com- merce Commission, penalty for fail- ure to comply with, 8569. Requirements concerning accounts, etc., applicable to receivers and trus- tees, 8592. Endowment fund of American National Red Cross, 7704. Income tax, exemptions, 6336g. Returns, 6336hſc], 6336 y. Insane persons, 9317. National banks to be permitted to act as trustees, etc., 97.94(k). National bank stock, individual liability, 90. “Person” includes, 3115/16a, 3115*/16d, 3.1155/ed, 8146t. Postal savings depositories, 7580-7590. Town-sites, acts void, 4797. In Oklahoma, 5029–5037. United States Shipping Board, citizens under act relating to, 8146aa, Appendix p. 1789. TRUST FUNDS - Disposition of funds received from foreign gºernments for United States citizens, 6668. Federal farm loan bonds, investment in authorized, 9835r(1). Held by United States, investment, 6667. TRUSTS See Monopolies. Contracts for postal supplies with persons combining to fix prices, penalty, 7266. Created for United States, custody of property, 6946. Income tax, 6336bDb]. Deductions, 6336gſa]. Payment by trustees, 6336bſb]. Restraint of trade, 8820–8836. Import trade, 8831–8836. Town-site entries, 4791–4793. Oklahoma, 5029-5039. TUBERCULOSIS Aliens afflicted with, bringing into Unit- ed States, 4289%.e. - Employment on passenger vessels, 4289%.S.S. - Immigrants excluded, 4289%b. - Medical treatment for, 4289%j. . Appointment to civil service barred by, GENERAL INDEX [Page 2363] [References are to sections, except where otherwise TUBERCULOSIS (Cont'd) Hospital for treatment of at Ft. Bayard, N. Mex., 92.11, 92.12. Indians, hospitals for, 4125b. TUCKER ACT See United States. Claims, 991(20), 1136 (1, 2), 1139, 1142, 1143, 1171, 1172, 1174, 1177, 1574–1578. TUG-BOATS Foreign, towage of vessels between Unit- ed States ports prohibited, exceptions, penalty, 8123. Inspection of hull and boiler, 8.190. Northern, etc., frontiers, reports clearance, 5835. Rules for preventing collisions on Great Lakes, lights, 7917. TUITION FEES Admission of white children to Indian day Schools, 4179. Deposit in treasury for benefit of School fund 4180. TUNIS See Consºlar Cowºrts. Consular courts of United States in, pro- visions relating to extended to, 7673. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7673. TUNNELS Mineral lands, rights of owners, 4619. Rights granted for Sutro tunnel not im- paired, 4652. t Rights of way across forest reserves, 4947. Rights of way for irrigation, mining, Wal- ter supply, etc., 4946. 4. TURREY Consular courts of United States in, ju- risdiction, 7670. Provisions relating to extended to Turkey, 7669. Turkish law ceding rights to hold im- movables, 7671. Consul-general at Constantinople to be secretary of legation, 3125. Interpreter of legation to, 3126. Judicial authority of ministers and con- suls of United States in, 7633-7665, 7669. Prisons and prisoners of United States in, 7666, 7668, 7668a. TURPENTINE Pºiº etc., trees for turpentine, etc., and Mode of packing for shipment on steam vessels, penalties, 8245–8246. Steam passenger vessels may carry When properly put up, 8242. TUTUILA Imports into, United States tariff not ap- plicable, 5291. - Philippine act not applicable to, 3905. TWENTY-EIGHT HOUR LAW See Arvirnals and A nimal Industry. Transportation of Animals, 8651–8654. TYPEWRITERS Engrossing and recording of land patents by means of, 707. Exchange authorized, 6885a. Agricultural Department, 814. Insane hospital, 9331a. Interstate Commerce 8587a. Signal corps, 1970b. Smithsonian Institution, 10585a. Limitation on price, 6836a. Commission, Patent office, temporary services, 7396, Appendix p. 1744. TYPEWRITING Included in word “writing,” 10511. TYPOGRAPHIC DRAFTSMAN Coast and Geodetic Survey, salaries, 8561a. RUNASCERTAINED DUTIES Disposal of money collected for, 5713. Permanent appropriation for repaying of excess deposits for, 6799 (22). |UNCLAIMED GOODS Lease on warehouse for storage of, 5638. UNCLAIMED LETTERS See Mails. * |UNCLAIMED MLATL General provisions, 7413-7423. Advertisements, 7413-7417. Dead letters, 7418–7420. Disposal of, 7423. Printed matter, disposal, 7423. Request letters, 7421, 7422. |UN CLAIMITED MERCHANIDISE, Imports for transportation in bond, Stor- age, 5704. Permanent appropriation for refunding proceeds of, 6799 (27). Sale, when liable to depreciation in Ware- house, 5662. Storage, 5649. Transported lector, 5706. |UNCLAIMED PENSIONS What constitute, name rolls, etc., 9018. DNCLAIMED PROPERTY Moneys belonging to estates of deceased soldiers, appropriation for National Sol- diers’ Home, 6799(33). UNIDIERTAIKINGS See Bonds ; Sureties. Remain valid on removal of cause, 1018. UNDERWOOD TARIFF ACT See Customs Dwties and Cross-Refer- ences there wºnder. Text of act, 364, 5291-5318, 5519–5524, 5526- 5533, 5591, 5592, 5594-5602, 5656, 5668, 5672, 5673, 5718, 5724, 5791, 5887, 5895, 5896, 5899, 6137. UNIDERWRITERS Imported merchandise deemed owners, 5760. |UNEXPENDED BALANCES See Appropriations. UNEAIR, COMPETITION See Federal Trade Commission and Unfair Competition ; Monopolies. UNIFORMS Army, 21.78–2182. Officers, honorable discharge, 1936. Retired officers, 2070. Rank, 1933. - Soldiers', sale, etc., prohibited, 6941. Use prohibited, 1949a, 1949aa. 1949a, Appendix p. 1753. Capitol police, furnished by members, 3412 in bond, returned to col- stricken from Regulation, 3411. Worn when on duty, 3413. Diplomatic service, persons in, Disciplinary barracks, offenders, to, 2458a.(6). Supply to offenders in, 2458a.(6). Discriminations by theaters, etc., against persons wearing uniform of army, navy, etc., 10496. Enlisted reserve corps, 1892e. 1892e, Appendix p. 1750. Inmates of Soldiers’ Home, 9231. Letter carriers, 7275. 3136. supply Marine corps, use prohibited, 1949a, 1949aa. 1949a. Appendix p. 1753. Militia, 3059. Naval militia, 3078a (14). National guard, 3044s. Naval ºve force, gratuities, 29.00%a 2900%a (18%, 22%, 22%, 26%), Appen- dix p. 1766. Navy, fleet naval reserve, required to keep on hand part of uniform and clothing outfit on retirement, 2900 #4, b (9). Machinists, 2557. Retired officers, 2639. Use prohibited, 1949a, 1949aa. 1949a, Appendix p. 1753. Postal clerks, route agents, etc., 7251. Reserve Officers Training Corps, Com- mutation for uniforms supplied by educational institutions, 1881kk. Issuance to, 1881k. Training camps to be supplied, 3071b. Unlawful wearing of naval, military, etc., uniform of foreign government, 76.78%, Appendix p. 1788. Jse prohibited, 1949a, 1949aa. Volunteer naval service, obligation to serve without uniform gratuity, 2900%f (1). UNION ARMY Roster of, 344, indicated.] UNION PACIFIC RAILROAD See Railroads. Bankruptcy law not to apply to, 10055. Books, etc., of to be open to inspection by Secretary of the Treasury, etc., 10055. Discrimination, 10057. Dividends, 10055. Jurisdiction of courts to compel company to operate its road as required by law, 10069. Land grants, cost of surveying, 4886. Refusal to operate roads as continuous line or afford equal facilities, etc., pen- alty, damages, 10057. Report of Government Directors of, num- ber of copies, distribution, 7085. Right of other roads to connect With, 10056. - Settlement of accounts for, Army trans- portation, etc., 10062. Navy and Marine Corps transporta- tion, 10063. Stock, mortgages, etc., 10055. UNIONS See Trade Unions. International union of American Repub- lics, 7680. National Trade Unions, 8908-8912. UNITED STATES See Attorney-General; Debts to or by United States ; District Attorneys ; Employés ; Marshals ; Public Con- tracts ; Public Lands ; Public. Morv- ey ; Supreme Cowrt of United States : United States Bonds ; United States Co???????SSão?? erS. Appraisers of property taken for use of, see Appraisers. Canals of, see Carvals. Clerks of United States courts, Clerks. t Swits against, see Court of Claims. Vessels of, see United States. Accountants, etc., inaugurating new methods of business, no compensation unless authorized, 3227a. Accounts, Indian tribes, 4080. Agents, irregularity or misconduct, in VeS- tigations, oaths, 265. Attorney-general to appear for, in Court of Claims, 1176. - w Bonds of War Finance Corporation, |United States not liable for, 31.15%ii. Bonds to, paid by surety of insolvent debtor, priority of Surety, 6374. Boundaries, advances from appropriations to chiefs of parties, 67958. Certificate of indebtedness, fund, 4711. Claims against, 1136–1178, 6.381-6415. Abandoned property, 1153. Act of June 16, 1874, 1164. Aliens, 1146. Appeals, 1172. Indian cases, 1173. Assignment, payments for rent of post office, 6384. Attachment of public property, 6951. Attorney general, appearance for de- fense, 1176. Report to Congress, 1174. Bounties, colored soldiers and sailors, S636 statement of, reclamation 6950, payment, mode of payment, 3967, 3969, 3970. Civil war claims, jurisdiction of court of claims, 1136a. For coal from Alaska mines, 5076. Collecting, etc., volunteers’, 6402. Collection, moneys, etc., due Confed- erate States, costs not chargeable to United States, 6952. Collision caused by Vessels in Light- House Service, 896. Colored soldiers and sailors, 3967. Repeal as to provision in certifi- cates as to attorneys’ fees, 3971. Commissioners to take testimony, 1154. Fees, payment, 1162. Cost of printing record, 1167. Costs, 1143. Court of Claims, see Court of Claims. Cross examination, 1160. GENERAL INDEX IPage 2364] f [References are to sections, except where otherwise indicated.] UNITED STATES (Cont'd) Claims against (Cont'd) Customs laws, seizure of property un- der, 5779. Damages, collision With vessels of navy, adjustment and report of, 652. Private property from military operations, 335-335e, 6404a. 6404a, Appendix p. 1781. In France, etc., 335b-335e. .. Private property from operations of naval aircraft, adjustment, 652b, Appendix p. 1744. Private property in Europe, from naval operations, adjustment, 652aa, AppendiX p. 1744. * * * Property of persons in military service, examination, 6403(2), Appendix p. 1780. Finaj determination, 6403(3), Appendix p. 1780. . Limitations, 6403(1), Appendix p. 1780. - Property subject to claims, 6403, Appendix. p. 1780. Replacement, 6403(2), Appen- dix p. 1780. Time for presentation, 6403(4), Appendix p. 1781. º Decree on accounts of disbursing offi- cers, 1138. - Departments to furnish information, 1155. Disbursing officers, 1136(3). Disloyal claimants not to be paid ex- cept for army service, 6387,.6387a. Duplicate certificates of discharge from navy not to be accepted as voucher for payment of, 620. Evidence, etc., in claims passed on by executive departments for Attorney General, 270. Examination of claimant, 1157. False demand on fraudulent power of attorney, 10.198. False personation of holder, 10197. Families of members of national guard drafted into service of Unit- ed States to have no claims against, 3052b. Forging writings, 10193. Fraud, 1163, . 1164. Forfeiture for making by perSons not in military or naval Service, 6411-6415. Persons in military service, 2308a, art. By persons in naval service, 2975 Having false papers in possession, 101.94. Horses, steamboats, etc., lost in mil- itary service, 6390-6403. Indian depredations, estimates payments of judgments, 6688. Interest on, 1168. Interior Department, practice before, for 684. • Investigation of method of examining, etc., 3286e. Judgment, estimates for payment, 6688. Final, a bar, 1170. Payment, effect, 1169. Set-off or counter claims, enforce- ment, 1137. º Jurisdiction, 99.1(20), 1136–1153. Suits to recover damages, etc., for presenting, etc., false or fraudu- lent, 6411-6415. Limitations, 1147. Loyalty, burden of proof, 1152. Jurisdictional fact, 1175. Moneys of deceased inmates, hospital, 9332. Naval Home and hospital, 9208. . Naval officers, mileage, 2850. Sea pay, 2833. New trial, 1165, 1166. Oath of person prosecuting claims, 63S5, 63.36. Officers interested, punishment, 10278, 0.279. insane Panama Canal, injuries to vessels, etc., or employés, 10041. Pending in executive departments, ex- employés not to prosecute, 272. Witnesses, 266-269. UNITED STATES (Cont'd) Claims against (Cont'd) Pending in other courts, 1145. Pleadings, evidence and decisions in Suits pending in court of claims furnished executive departments % bureaus by Attorney General, Petition, dismissal, 1151. Requisites, 1150. Verification, 1150. Presenting false, 10199. Price of coal mined in Alaska, 5076. Private claims pending before Con- gress, compensation of officers and Witnesses, 6410. Return of depositions, etc., 6410. Subpoena for taking testimony, service, 6410. Taking testimony by Master in Chancery, 6409. Property of army officers, enlisted men and members of nurse Corps (female) lost, etc., in military serv- ice, 6403b. Record, cost of printing, 1167. Referred by Congress, 1142. Referred by departments, 1139. Judgments, payment, 1141. Procedure, 1140. Reports, Court of Claims to Congress, Of expenditures for, 386. Set-offs, 1136(2), 1137. Settlement, 368, 6403b. State irrigation district charges not to constitute, 4695b. Stores of quartermasters and subsist- ence, in States not in rebellion, how settled, 469-471. sº jurisdiction and procedure, 1574- Testimony when not taken, 1156. Where taken, 1158 Transfer of, null and void, unless aft- er warrant issued, 6383. Tºllins expenses of naval officers, Treasury Department, practice before, 385. Treaties, 1144. Unlawfully taking or using papers re- lating to, 10204. Validity of those contracted before constitution’s adoption (Const. art. 6, cl. 1). . Witnesses, before commissioners, sub- poenas, 1159. Color or interest, 1177. Cross-examination, 1160. Oath, 1161. Plaintiff for government, 1177. Claims by United States, 6372–6380. By Secretary of Treasury, 6375. Not prejudiced by general welfare clause (Const. art. 4, § 3, cl. 2). Settlement, 368. Construction of term as used in immigra- tion laws, 4282. Court of Claims, 1127–1178. Debts due by, 6372–6415. Payment through Congress art. 1, § 8, cl. 1). Debts due to, 6372–6380. Aºrtainment by Court of Claims, 71. (Const. Employés’ Compensation Act, 8932a–8932uu. Enemy aliens, 76.15-7618. Entry into or exit from during time of war, 7628e-7628h. Escheat of land of religious or charitable corporations in territory, 3489. Experts, etc., inaugurating new methods of business, no compensation unless au- thorized, 3227a. Faith of, pledged to payment of postal savings deposits, 7595. Federal reserve notes to be obligations of, 9799(1). Flag, design, 3302. Star added for each new state, 3303. Frauds against, investigations, oaths, 265. Persons in naval service, 2975. Fºransportation or reduced rates for, Gas, limitation on payments, 3331a. Hawaiian debt assumed by, 3738. Hawaiian silver certificates not redeemed by, 3746. Income tax, 6336d. & Indian lands, ceded by Indian tribes, dis- posal of proceeds of, 4069. - exemption of obligations, UNITED STATES (Cont'd) - Indians, consent to contract with, 4077, 4077t). In territories, regulation, 3426. Interest on obligations not subject to in- Come tax, 6336d. Estimates for payment, 6688. Jurisdiction, over national forests, 5131. Labor and material for public improve- ments to be performed in, 6859. Lake Washington to Puget Sound Canal to be property of, 9904. , Land patents to be issued in name of, Laws extended to Porto Rico, 3762. Laws imposing certain internal-revenue taxes extended to exterior boundaries of, Loans, obstructing, 10212c. Nagalization proceedings, appearance in, 70. Offenses against existence of government, 10165-10172. Patents for invention, notice to prevent abandonment, Suits for compensation for use of invention by United States, 9465, Ap- pendix p. 1798. *. Use of inventions of employé of gov- ernment, 9465, Appendix p. 1798. Post Office bonds and contracts to be in name of, 592. Preference to shipments made to agents of, embargo not to affect, 8569. Proceeds from National Training School for Boys divided between District of Columbia. and, 9401. Property, accounts of, by officers of house of representatives and senate, 105. Larceny or embezzlement, 10214. POWer of Congress over (Const. art. 4, § 3, cl. 2). Robbery or carrying away, 10213. Publications of government, not subject to copyright, 9523. Public moneys, 6578-6670. Purchase of lands at sale for default un- der reclamation act, 4729, 4732a. Purchase of obligations of foreign gov- ernments engaged in War with enemies of United States, 6829f, 6829ff. Purchasing goods free of internal revenue Reimbursements for printing national bank and Federal reserve notes, 9799(11). Sea, coasts and navigable rivers of divided into great districts, 8100. Seal, 3304. Custody and charge of by Secretary of State, 301. - Secretary of state to affix to commis- sions, 3305 .” Stockholders in corporation formed by Shipping Board, 8146f. Stock in federal reserve banks, 9786(10). Subsistence allowance to employes, limi- tation, 3236a. Suits against, act making contempt an offense not to apply to, 1245d. Admiralty, 1577. Appeal or Writ of error, 1578. Commerce cases, 1004. Costs, not liable for, in suits by poor persons, 1630. District attorneys, To defend, 1576 Proceedings on failure to defend, 1576. Equity, 1577. Injunction against orders of Inter- state Commerce Commission, 997. Interest on judgment, 1578. Judgment, 1577. Adverse to government certified to attorney general, 1478 Judicial power of United States ex- tended to (Const. art. 3, § 2, cl. 1). Jurisdiction, 991(20), 1574. District courts, suits for injuries on account of acts done under laws of, 991(11). duties, 1296. Opinions, findings and conclusions, 1577. Partition of lands, procedure, 1579. Petition, 1575. :* Service, 1576. Recovery of compensation of , prop- erty taken for housing war-indus- try employés, 31.15%b. Settlement, 368. Limitations, 5114. Suits by, appeal or writ of error, bond not required of, 1661. Commerce cases, 1004. GENERAL INDEX [Page 23651 [References are to sections, except where otherwise UNITED STATES (Cont'd) Suits by (Cont'd) Cotton futures tax, violations, 6309p. District attorneys, duties, 1296. Estate tax violation, 6336%k. Garnishees in suits on notes, 1561, 1563. - Against individuals, credits, 1588. Irrigation construction charges, 4713C. Irrigation maintenance charges, 4713f. Irrigation project charges, 4714a. Judgment at return termi, etc., 1595. etc., Judicial power of United States ex-. tended to (Const. art. 3, § 2, cl. 1). Jurisdiction of district court, 991(1). Pleading, 991(1). Under postal laws, credits, 1589, 1596. Judgment at return term, etc., Recovery of duties, imposts, taxes, suits under postal laws, and Suits for recovery of certain penalties, to be in name of, 1545. Agºst revenue officers, etc., credits, 9 Settlement, 368. Taxes, deduction from 6336fſa], 6336l (a, b). Discharge in bankruptcy, 9601. Territory included in words “United States,” 3115/16a, 3115/16d, 3115*/2aa, 63368/sa, 63361/ea, 7628h, 10212h4/16, 10514a. Unauthorized purchases of land for, pro- hibited, 6889. United States of America to be inscribed on coins, 6461. - War Finance Corporation, incurring lia- bility in respect to acts of, prohibition, 31.15%ii. Wharves in Porto Rico, reservation of right to purchase, 3801(a). UNITED STATES ATTORNEYS See District Attorney S. UNITED STATES BOARD OF MEDIA- TION ANYO CONCHELIATION sº Board of Mediation and Concilia- 4.0%. - Composition, etc., 8676(1, 2). Furniture, etc., of Commerce plied to, 1001. UNITED STATES BONDS See Registered Bonds. Allotments, 6829ii, Appendix p. 1782. Amount, 6829d, 6829e, 6829ee, 6829ii. 6829ii, Appendix p. 1782. Appropriations for purchase, 682900. To pay expense of issue, etc., 6829e, 6829i, 6829n. Authority for not repealed by Under- wood Tariff act, .. 5316. Contracts for transportation, 6841. Conversion into bonds bearing higher rate of interest, 6829f, 6829gg, 6829k. cºyance by vessels of United States, 795. Definition, 9698. Délivery to insurance companies for dif- ference between amount of premium paid and defaulted, 3078%ll, 3078%m. Denominations, 6826, § 6830. income taxes, Courts Sup- 6829ii, Appendix p. - Deposit as security, mail_contractors, postal employés, etc., 7193a, Appen- dix p. 1785. National banks for circulation, 6829d., 6829e, 6829ee, 682911, 9698, 9698a, 9709, 9713, 9724, 9779–9782, 9811, 9814-9825, 9834. Deposit of proceeds in banks, etc., 6829hh, 68.29m. * Interest, 6829m. ecurity for, 6829m. Deposit by Federal reserve bank member to secure circulation, disposition of hº on retirement of notes, 9800 Issue by Federal reserve banks, 9788 Discounts by federal reserve banks of notes for investments, 9796(2). Disposal of, 6829d, 6829e. Duplicates, 6817-6820. Engraving and printing, 6553–6556. Exchange of, coupon for registered, 6821. Registered for coupon, 6821. bonds for outstanding 5, 4 or 3% bonds, 6825. Exemptions of bonds payable in foreign money, 6829lll, Appendix p. 1782. Federal farm loans, collateral Security, acceptability, 9835.j(5). Federal land banks to invest in, 9835c UNITED STATES BONDS (Cont'd) 9797 Fºl reserve bank dealings in, Fiscăf agents, 6829m (%), Appendix p. Forging, etc., 10192. Form, 6829ee, 6829.ii. 6829ii, Appendix p. 1782. GQld bonds, issue under Federal Reserve Act, 9800 (7), Interest, 6481, 6829d, 6829e, 6829ee, 6829ii. 6829ii, Appendix p. 1782. Conversion of bonds into bonds bear- ing higher rate, 6829gg, 6829k. Payment, 6810(1). Tax exemptions, 6829ll. Investment in, of reserve fund of War Finance Corporation, 31.15%hh. Issue, 6829d, 6829e. Issue and sale for maintenance of reserve fund 6481. Issue payable in foreign money, 6829p. Issue under Act April 24, 1917, C. 4 restricted, 6829nn. * Issue under certain enumerated acts, 6829g Names of persons to be inscribed under portraits on, 6550. “Obligation or other security of the Unit- ed States,” includes, 10317. Obstruction of sale of, 10212c. Panama, Canal, 6826–6829. Payment, 6829ee, 6829.ii. 8291i, Appendix p. 1782. Application of net earnings from Fed- eral reserve banks, 9791. In coin, 6809. Gold coin, 6830. Payment to land-grant railroads not aid- ed by bonds, for transportation of Sup- plies for Indian service, 10067. Permanent appropriation, amount of in- terest ori sinking fund, for payment of, 6798. For payment of interest on bonds is- sued to Pacific Railway, 6799 (10). For refunding national debt, 6799(12). Pºits of living persons not to be on, P; savings deposits invested in, 7588– Premiums on, to be accounted for, 6656. Printing, 6556a. Purchase by War Finance Corporation, 31.15%ff. to Purchase of coin, 6815. Purchase or redemption, 6823, 682900. Receivable in payment of United States estate or inheritance taxes, 68290. Redemption, 6829f, 6829ff, 6829g, 6829.jj. Cancellation, 6811. Legal-tender notes, 6543. Not to be redeemed before maturity unless, 6809. Retirement, 9803. - Sale, 6829ee, 6829.ii. 6829ii, Appendix p. 1782. Services of employés of post office de- partment and postal service, 6829mm. Stamp tax on notes secured by not re- quired, 6318bb. Subscriptions by persons in military or naval service, 6829ii, Appendix p. 1782. Taxation, 6318b, 6829d, 6829e, 6829ll. Terms and conditions, 6829ii, Appendix p. 1782. Titles of bond acts, 6829íž, 6829pp, 6829q. 6829qq, Appendix p. 1783. Trust-funds to be invested in, 6667. UNITED STATES COAST GUARD. See Coast Guard. TJNITED STATES COMMISSIONERS Accepting bribe, 10303. Acknowledgments, authority to take, 3259. Affidavits, civil causes, taking, 1571. Under public land laws, authority to take, 4546. Appointment. 1333, 4547. Maine, 1070d. Attorney’s fees in criminal proceedings, Awards of foreign consuls, etc., enforce- ment, 1248. - Bail in civil causes, taking, 1571. Bail of offenders, 1674. Chinese deportation proceedings, 4332. Civil rights, inns, conveyances, theaters, #. enforcement of laws, 3928, 3935, tº coilector of internal revenue may apply § s” compel attendance of witnesses, indicated.] - UNITED STATES COMMISSIONERS (Cont'd) Crate.ºke National Park, appointment, Băii, 5230g. Fees, costs and expenses, disposition of, 5230i-5230k. Jurisdiction and powers, 5230f. Process, marshal to execute, 5230h. Of arrest, 5230g. Residence. 5230i. Salary, 5230i. - Depºſigns de bene esse taken before, In proceedings before registers and receivers, 4502. Discharge from arrest or imprisonment on mesne process or execution, to be had before, 1637. Discharge of poor convicts from prison, 1706, 10.138. Fees, 1451. Accounts, 1417. Bill of, how proved before allowance, etc., 1625. Crater Lake National Park, disposition of, 5230i-5230k. Extradition proceedings, 101.13. Glacier National Park, disposition of, 5248i-5248k. Hearings under Act, 4333. Mt. Rainier National Park, disposi- tion of, 5227i-5227k. Payment, 1462. Porto Rico, 3789. - Prosecutions for offenses on Hot Springs Reservation, 5269–5272. Purchasing fees at less than face val- ue, 10273. w Warrants under laws, 1389. Glacier National Park, appeal to District Court, 5248f. Appointment, 52.48f. Bail, 5248g. Fees, costs and expenses, of, 5248i-5248k. Jurisdiction and powers, 5248f. Process, marshal to execute, 5248h. Of arrest, 5248g. Residence, 5248i. Salary, 5248i. 4. Hot Springs Reservation, 5266-5273. Husband or wife as witness in proSecu- tion for bigamy, etc., 1466. Imprisonment Šf offenders, 1674. Laws governing, 1333. Maine, 1070d. Mount Rainier National Park, appeal to District Court, 5227f. Appointment, 5227f. Bail, 5227g. Fees, costs and expenses, of, 5227i-5227k. Jurisdiction and powers, 5227f. Process, marshal to execute, Arrest, 5227g. Residence, 5227i. Salary, 5227i. Not to be both commissioners and clerk of United States court, , 1333. Number, increase under civil rights law, 3936. Oaths, authority to administer, 1337, 3259. Under preliminary affidavits and final proofs under land laws, administra- tion, 4548. Offenses in national military parks, 5286. Officers disqualified as, 1334. Persons arrested to be taken to nearest officer for hearing, 1678. Fees, 3789. Porto Rico, 3785, 380349. Powers, 1333. Records of criminal cases, 1836. Remission of fines, penalties and forfei- tures, 101.33, Removal, 1333. IResidence, 4549. Seal, 1335. Search warrants, 10496%a. Counterfeit goin, etc., 10343. Under migratory bird treaty act, 8837e, Appendix p. 1795. Security for peace , and good behavior, power to hold to, 1247. - Summons for non-payment of Seamen’s wages, 8335. Terms of office, 1333. Warrants, arrest of foreign seamen in case of dispute, 7630. Arrest of fugitives from justice, 10110. Chinese Exclusion internal revenlle - disposition disposition 5227 h. GENERAL INDEX UNITED STATES COMMISSIONERS (Cont'd) Warrants (Cont'd) Fees of persons appointed to exe- cute, 3941. To internal-revenue officers to search premises in certain Cases, 6364. For introducing liquors into Indian country, etc., 4140. Violations of internal revenue laws, issuance, 1677. - Witnesses, attachment in prosecution for bigamy, etc., 1493. Fees in criminal cases before, 1622. Yellowstone Park, 5194, 5196—5199. |UNITED STATES COMMISSIONERS ACT See United States Coºnºmissioners. Text of act, 244, 390, 564, 767, 1333, 1334, 1336, 1337, 1340, 1418-1431, 1451, 1677, 3414, 6615, 6779, 7265. LINITED STATES COTTON FUTURES ACT See Cotton-Futures Taac. Text of act, 6309a-6309v. UNITED STATES COURT FOR CHINA See Consular Courts. |UNITED STATES COURTS See Courts of United States, and the titles of the particular courts. UNITED STATES EMPLOYES' PENSATION COMMISSION See Employes’ Compensation Act. Creation appointment, etc., 8932nn. UNITED STATES FISCAL AGENTS Federal reserve banks, 9798(1). National banks, foreign branches, 9745. UNITED STATES MARSHALS See Marshals. UNITED STATES NOTES See Circulating Notes; Lawful Mort- ey ; Legal Tender ; Treasury Notes. General provisions, 6541-6570. Collateral, receiving by national banks as prohibited, 9769. Contracts for transportation, 6841. Conveyance by vessels of United States, 5. COMI- Counterfeiting, forging, etc., 10317–10348. Counterfeit notes, marking, 6568. Denominations, 6541 Distinctive paper for, contracts, 6553a. Engraving and printing, etc., 6551–6556. Contracts, 6553. - Expenses, 6552. Federal jeeve banks, dealings in, 9797 b). Form, 6541. - - Federal reserve notes to be obligations of United States, 9799(1). - Gold notes, retirement, 9803. Imitating or printing advertisements thereon, 10347. Legal tender, 6575, 6576. State taxation, 6569. - - Limitation of amount in circulation, 6563. Maceration, 6560. Mutilated, etc., destruction on redemption, Names of persons to be inscribed under portraits on, 6550. National bank notes, redeemed in, 9751. Notes of Small denominations to be issued and equal amount of higher denomina- tions retired, 6489. Payment in coin, 6809. Payment in, debts due United States, 6379. Duties on imports, etc., 5710, 6379. Portraits of living persons not to be on, 6549. Printing, 6556a. Purchase of coin, 6815. Receipt of by collectors, etc., 384. Redemption, 477. Issue and sale of bonds, 6543. Re-issue, 6557, 6558, 6562. - Retirement prohibited, 6561, 6562. Silver certificates, cancellation of treasury notes on issue of, 6483. Denominations, 6454, 6456, 6484. One, two and five dollar certifi- cates, 6456. - Exchange, 6456. Hawaiian, 3745, 3746. - Imitating or printing advertisement thereon, 10347. Included in phrase “obligation or oth- i. security of the United States,” IPage 2366I UNITED STATES NOTES (Cont'd) Silver certificates (Cont'd) Names of persons to be inscribed un- der portraits on, 6550. Payment of customs, etc., with, 6454. Philippines, 3899. . . . . Redemption, 477. Reserve of national banks, 6566. State taxation, 6569. UNITED STATES OFFICERS See Offices and Officers. |UNITED STATES PRISONERS See Parole ; Prisoners. |UNITED STATES SHIPPING BOARD Accounts, examination by auditor for state and other departments, 8146bb. Approvals by, 8146r (5), Appendix p. 1790. ASSignees, act applicable to, 8146aa. 8146aa, Appendix p. 1789. Attorneys, employment, etc., 8146bb. Citation of act, 8146r(8), Appendix p. 1791. Citizens, who are for purposes of act, 8146aa. - 8146aa, Appendix p. 1789. Civil service, certain employés subject to, 8146bb. - Clerks, employment, 8146bb. Commissioners, qualifications, 8146b. Removal, 8146b. Salaries, 8146bb. Term of office, 8146b. Compensation for vessels taken for naval and military purposes, 8146ee. Complaints, investigation, etc., 8146k. Composition, 8146b. Condemnation proceedings for acquisition of timber, sawmills, camps, etc., 6911aa, Appendix p. 1784. . Construction of vessels, 8146c. For persons not citizens, 8146r(1), Ap- pendix p. 1789. Contracts between carriers, Anti-Trust Acts not to apply, 8146h. Approval, 8146h. Disapproval, 8146h. Filing, 8146h. Control of corporations owning vessels, #yards, etc., 8146r(1), Appendix p. " Corporations, duration and dissolution, 8146f - Formation of, 8146f. Operation of vessels, 8146f. Powers, 8146f. Reversion of property to board upon dissolution of, 8146f. Stock to be taken by board upon dis- solution of, 8156f. Deferred rebates prohibited, 81.46gg. Definitions, 8146a, Appendix p. 1789. Departure , from port of undocumented vessels, 8146r (1), Appendix p. 1789. Detail of officers to, 8146bb. Discriminations prohibited, 81.46gg, 8146i. Rates, correction of, 8146i. Documented vessels, 8146r(6), Appendix p. 1790. Employés, employment, etc., 8146bb. Increase in compensation, 251b. Transfer to or from other depart- ments, etc., 251a. End of war or emergency, 8146r(7), Ap- pendix p. 1791. Enrollment of vessels, 8146.e. 8146.e., Appendix p. 1789. Examiners, employment, etc., 8146bb. Experts, employment, etc., 8146bb. Foreign built vessels, coasting trade, 8146e, Appendix p. 1789. Foreign registery of vessels, 8146r(1), Ap- | pendix p. 1789. Forfeiture of vessels sold, chartered, etc., 8146e, Appendix p. 1789. Forfeitures, 8146r (1), Appendix p. 1789. Prima facie evidence, 8146r(3), Appen- dix p. 1790. Recovery and disposition, 8146r(2), Appendix p. 1790. Violation of conditions of approval, 8146r (5), Appendix p. 1790. Hearing, necessity, 8146kk. - Information prejudicial to shipper, duirement, etc., prohibited, 8146.j. Intrastate commerce, act not to affect, 8146 pp. Powers of, not affected, 8146pp. Investºons, upon Board’s own motion, 6]< Complaint filed, 8146k. Cost of merchant vessels, etc., 8146ff. Foreign trade conditions, 8146m. Lease of vessels, 8146c. 8146e, Appendix p. 1789. re- LReferences are to sections, except where otherwise indicated.] . UNITED STATES SHIPPING BOARD (Cont'd) Lease of vessels (Cont'd) Limitation, 8146e. Notice, 8146f. - Liabilities, limitation on, 81.46g. Licensing of vessels, 8146.e. 8146e, Appendix p. 1789. Naval architects, employment, etc., 8146bb, Notice of taking vessels, necessity, 8146ee. Officers, employment, etc., 8146bb. - Operation, etc., of vessels of alien ene- mies seized, 8146rr. Orders, duration, 8146kk. Enforcement, 8146mn. Hearing, necessity, 8146kk. Payment of money, enforcement, 81460. Limitations, 81460. Parties, costs, etc., 81460. Prima facie evidence in action for Imoney, 81460. - Reversal, etc., 814611. Suits to enforce, suspend, etc., venue and procedure, 814600. Panama Canal Bonds, issuance for pur- poses of, 6829c. Partial invalidity of Act, in effect, 8146g. Penalty, failure to file contract between Carriers, etc., 8146.h. - Failure to report or giving false re- port to Board, 8146jj. - Whº. another penalty is provided, Preference to American shipyards, 8146c. Purchase of certain vessels, 8146c. Rates, correction by Board, 8146.ii. Increase, method, 8146.ii. Rates reduced to prevent competi- tion, 8136iii. Reduction to prevent competition, in- crease, 8146iii. Schedule not to be observed, 8146.ii. Schedules to be established and filed, 8146.ii. Receivers, act applicable to, 8146aa. 8146aa, Appendix p. 1789. Records, contents, preservation, etc., 8:1461. Sale or other disposition of vessels, 8146r(4), Appendix p. 1790. Registration of vessels, 8146.e. 8146e, Appendix p. 1789. Regulations, 8146b. Correction by Board, 8146i. Establishment by carriers, 8146i. Regarding lease of vessels, 8146.e. Vessels, purchased, chartered leased, 8146e, Appendix p. 1789. Rehearings, 8146!!. Repairs on vessels acquired permitted, 8146C. Reports, carrier to board, 8146jj. Competency as evidence, 81461. To Congress, 8146ff. Contents, etc., 81461. Copy to be furnished parties to in- vestigation, 8146l. Foreign trade conditions, 81.46m. Payment of money, enforcement, 81460. To President regarding operation of vessels by corporation, 8146f. Publication, 81467. - Sale, lands acquired for production of . lumber and timber products, 6911aa, Appendix p. 1784. Lease, etc., of vessels to citizens, 8146d. Vessels, 8146r(1), Appendix p. 1789. Tender to board, 8146e, Appendix p. 1789. Schedules of rates to be established and filed, 8146.ii. Seal, 8146b. Secretary, appointment, 8146bb. Salary, 8146bb. Subpoena, power to issue, etc., 81.46mm. Taking of vessels for naval and military purposes, 8146ee. Tender of vessel to board before sale to person Inot a citizen, necessity of, 8146.e. - 8146e, Appendix p. 1789. Transfer of vessels, limitation, 8146.e. 8146e, Appendix p. 1789. Transfer of vessels to, 8146cc. Trustees, act applicable to, 8146aa. 8146aa, Appendix p. 1789. Vacancy not to impair powers of remain- ing commissioners, 8146b. Vessels purchased, leased, etc., from board may be taken for naval or military pur- poses, 8146ee. Vessels unfit for service, appraisal and sale, 8146dd. Or GENERAL INDEX. [Page 2367] [References are to sections, except where otherwise UNITED STATES SHIPPING BOARD (Cont'd) Witnesses, examinations, fees, etc., 81.46mm. Immunity from giving incriminating testimony, 8146n. UNITED STATES SHIPPING BOARD EMERGENCY FILEET CORPORATION Appropriation, 8146t. Audit of financial transactions of, 8146fff, Appendix p. 1789. - Condemnation proceedings tion of timber, sawmills, 6911aa, Appendix p. 1784. Construction of houses for use of ship- yard employés, 8146t. Contracts, 8146t. © Definitions, 8146t. Government establishment, 251a, 251b. Lease of houses for employés, 8146t. Loans to corporations, etc., to provide houses for employés, 8146t. Purchase, condemnation, etc., of land for erection of houses for use of em- ployés, 8146t. Reports to Congress, 8146t. Sale of lands acquired for production of lumber and timber products, 69.11aa, Ap- pendix p. 1784. for acquisi- Camps, etc., UNITED STATES TARIFF COMMIS- SiON Appointment of members, 5326a. Appropriations, 5326.j. e Chairman, designation by President. 5326a. Vice chairman, designation by Presi- dent, 5326a. Civil Service Law to govern appointments, exceptions, 5326b. Clerks, employment, compensation, 5326b. Co-operation with other departments, 53261m. - Cost of Production Division of Depart- ment of Commerce transferred to, 5326ſ. Creation, 5326a. Depositions, fees nents; 5326g. ‘Power to take, reduction to Writing, subscription, 5326g. Disbursing clerk, clerk of Treasury De- partment to act as, 5326bb, Appendix and mileage of depo- p. 1778. - Dismissal of members for divulging trade secrets, 5326i. District court to aid in requiring attend- ance of witnesses in production of docu- ments, 5326g. Divulging information received, offense, penalty, 5326i. Documents, records, books, access to, 26g. Compelling production, 5326g. Effective date of act, 6371b. Fºners. employment, compensation, 326b. Experts, employment, compensation, 5326b. Information to be furnished, committee on finance of the Senate, 5326d. Committee on ways and means of House of Representatives, 5326d. President, 5326d. Inquiry into foreign country, 5326b. Investigations, customs and customs laws, C Tariff relations with foreign countries, 26e. Members not to engage in other business or employment, 5326a. Oaths, power to administer, 5326g. oºs, divulging information received, 326i. - Offices, hiring, to be situated in City of Washington, 5326b. Paris Economy Pact, 5326i. Partial invalidity of act, effect, 6371a. Qualification of members, 5326a. Removal of members, grounds, 5326a. Reports, 5326d. Salary of members, 5326b. Secretary, salary, 5326b. Subpoenas, Signature by members, 5326g. Term of members, 5326a. Vacancy in office, limitation on time, 5326a. Not to impair right of remaining members to exercise powers, 5326a. Witnesses, no privilege to witness, pro- hibition of prosecution, 5326g. Perjury, subject to, punishment for, *> * Power to summon, 5326g. investigation of, UNIVERSITIES See Colleges ; Howard University. Excavations in Mesa Verde National Park for benefit of, 52.40. Honor graduates, eligibility for regular army Commissions, 1920a. Military instruction, 2283-2295a. Permits for excavation of archaeological Sites, etc., 5280. Regular army commissions, eligibility of honor graduates, 1920a. Reserve Officers’ Training Corps, eligibil- ity for, 1881d, 1881e, 1881f. 1881ſ, Appendix p. 1749. |UNLADING Delay, custody of merchandise, 5655. Delivery of manifest before, 8107. Foreign vessels bound coastwise, 8121. Penalty, 8103, 8104, 8108. Distilled spirits, wines, landed and mark- ed, 55.75-5578. Imports transported in bond, 5698, 5704. Inspectors of customs to superintend, 5566, 5568. Masters of vessels with cargo or passen- gers from foreign ports to obtain permit before, 5833. Merchandise from countries, 5812. Mºandise not agreeing with manifest, contiguous foreign Merchandise not to be removed from Wharf without consent of customs of— ficers, 5574. - e Night time, license for, 5559, 5561, 5562. Officers, compensation for night service paid by vessels, 5571. - Penalties, for unlawful, 5564. Without permit, 5555. Permits, mated duties, 5557. Granted by collectors, 5359. Not required for cargo of vessels on northern, etc., frontiers brought from domestic port, 5831. Preliminary entry, 5560-5562. Requisites, 5558. Place for, 5466, 5467. Returns, 5580, 5581. - Weighers, gaugers or measurers, 5582. Tare, estimation or ascertainment, 5588. Time allowed for, 5563, 5572, 5573, 5704. Vessels, from adjacent foreign countries, permit, 5821. - From Canada, etc., 5841. In distress, 5583. Storage and sale of cargo, 5584. Without permit, 5555, 5556. In foreign trade on northern, frontiers, time for, 5832. Not foreign, trade ports for, 5807. Obstructed by ice, permits, 5587. In quarantine, 9151. Subject to forfeiture for unlawfully, etc., UNILAWFUL COHABITATION Disqualification of jurors, 1265. Indictment, joinder of counts, 10488. Punishment, 10487. Witnesses, attachment, 1493. Husband or wife as, 1466. UNILAWIFUL COMBINATIONS See Moºvopolies. Suppression by use of land and naval forces, 101.41. TJNHLAWFUL MANUFACTURE Penalties, 8258. UNORGANIZED MILITIA See Militia. UNPAJI) LETTERS Sent to dead-letter office, 7419. UNPAHD MONEY ORDERS Reports by postmasters, 7560. UNREGISTERED WESSELS Pºrts for on sailing with sea letter, UN SEAWORTHY WESSELS Complaint and examination in foreign port, 8348-8352. Complaints by seamen, 8345–8351. Discharge of Seamen from, by consular officer, 8.350. Extra wages to seaman discharged on ac- count of, 8374. Payment of charges for inspection in for- eign port, 8351, 8352. - Penalties, refusal to pay seamen’s Wages and charges for inspection, 8352. Refusal to proceed after complaint found true, 8347. Sailing, 8350. Survey on complaint of seaman, 8346. grant after payment of esti- indicated.] UN SLAIRED LIME Penalty for shipping, without notice of character, 8026. UN STAMEED ENVELOPES Letters in, carrying out of mail, 7476. URUGUAY Envoy and minister to, appointment and Salary, 3124. - USURY National banks, 9759. UTAH Arid, lands, reclamation by United States, 4700-4708. Clerks of district courts, 1100, 1369. Deputy district clerks, 1100. Desert lands, sale, 4676. District attorneys, 1368, 1369. District courts, térms, 1100. District judge, 1368. Enlarged entries lands, 4563-4568b. Judicial district, 1100, 1368. Jurors, fees and mileage, 1453. Marshals, 1368, 1369. Oil lands, 4638-4640. of non-mineral, etc., Registers and receivers, fees and commis- Sions, 4473. School lands, additional sections, 4867. Provisions for selections to supply de- ficiencies made applicable to, 4866. Survey of lands granted to, 4876. Surveyor-general, 4435, 4440. Salary, 4440. - Timber cutting for certain purposes on public lands, 4992. Timber on mineral lands, cutting for cer- tain purposes, 4989. Witnesses, fees and mileage, 1453. UTE {NDIANS Reservations, homestead laws extended over, 4608–4610. Provisions for grants of arid lands extended to, 4693, 4694. Removal to new not prevented by act jºins to allotments in severalty, WACANCHES IN OFFICE In various offices, see titles of particu- lar officers. Aºry board of hygienic laboratory, Appointments to, 1918. - Recess of senate (art. 2, § 2, cl. 3). Army, sºceptance or holding civil office, Adjutant General, not to be filled, 1766. Appointments to fill, 1920, 1920a. 1920a, Appendix p. 1751. Appointments to signal corps, 1867.j. Chief of Coast Artillery, 1728. Chief of staff corps or departments, appointments to fill, 1905. Colonelcies in, cavalry not to be filled, 1899b. Infantry not to be filled, 1899b. Corps of engineers, 1840, 1841. Lieutenant, 1841. Dental corps, 1833. Petallºon line to fill, 1905, 1905a, &l. & To aviation section, 1860, 1867b. Of Officers as inspectors and in- structors of militia, 1997. Engineer Corps, 1901. Expert accountant for Inspector Gen- eral’s Department, 1774. , Judge Advocate-General’s Department, 1775, 1775a. Line of army to be filled by promotion, etc., 1908, 1908a. Mºr of the Sword, office to cease, Medical corps, 1808. Military academy, 2226. Professors of French and Spanish languages, office to cease, 2207. Military secretary, 1766. Officers, created by assignments to de- - tached list, 1997a. Of Porto Rico regiment of infan- try, 1746, 1753a. Ordnance department, 1848, 1849, 1901. Promotions to fill, 1912. Quartermaster Corps, grade of briga- dier general not to be filled, 1779. Quartermasters’ Department, 1786. Resulting from temporary appoint- ments of general officers, 2044h. Retirement, 2071. - Second lieutenants, 1920, 1920aa. Signal corps, 1904. GENERAL INDEX [References are to secti VACANCIES IN of FICE (Cont'd) Army (Cont'd) - Staff appointments in volunteer army % to vacate offices in regular army, 26f. Staff corps or departments to be filled, 1909. Temporary, 1905a, 1908a. Promotions to vacancies created by appointments to volunteers, 1905a. Promotions to vacancies created by details, to national guard, 1908a. Volunteer army commissions not to vacate offices in regular army, 2026f. Assistant Chief of Record and Pension Office not to be filled, 1768. Assistant commissioner of general land office, designation of temporary assist- ant, 692. Attorney-General, to act, 516. Auditor of Porto Rico, 3803gg. Board of regents of Smithsonian Institu- tion, 10567. Board of tea experts, 8787. Board of visitors of insane hospital, 9298. California Débris Commission, 10004. Capital Issues Committee, 31.15%kk. Chief justice of supreme court, 1193. Chiefs of Bureaus in Executive Depart- ments temporarily filled, 260. Discretion of President, 261. Extra compensation prohibited, 264. Ilimitation of time, 262. Restrictions, 263. - Clerk of supreme court, failure to execute new bond, 1196. Collector of Internal Revenue, 5854. Commissioner of General Land Office, as- sistant to act, 691. Commissions in charge of national mili- tary parks, 5290. Comptroller of Currency, deputy to act, 498. Deputy marshals, Kentucky, 1355. Directors of War Finance Corporation, 31.15%b. . District attorneys, 1318, 1320. Yentucky, 1355. New York, 1357. - Removal from district, etc., 1332. District court clerk, failure to give new bond, 1323. Removal from district, etc., 1332. District judges, continuance of proceed- ings, 1989. Eastern district of Pennsylvania, 968b. Porto Rico, 3803dq. Southern district of Georgia, 968d. Solicitor-General, Electoral college, 201. Enumerators of census, 4398. Executive secretary of Porto Rico, 3803.hh. Federal Advisory Council, 9795(1). Federal Farm Loan Board, how filled, 9835b (6). Federal reserve bank directors; 9788 (5). Federal Reserve Board, 9793 (4, 5). Federal Trade Commission, effect, 8836a. Governor of Porto Rico, 3803ii. Heads of Executive Departments tempo- rarily filled, discretion of President, 261. - Extra compensation prohibited, 264. Limitation of time, 262. Restrictions, 263. Interstate commerce commission, 8596. Powers of remainder of commission not impaired, 8575. Successor to be appointed for unex- pired term, 8575. Judges of Court of Customs Appeals, 1179. Judicial officers, eastern district of Illi- nois, 1350. Rentucky, 1355. Texas, 1366. . . Marine Corps, 2901, 2903, 2906, 2911, 2915. Staff officers, 2907h. Marshals, 1318, 1320. New York, 1357. Removal from district, etc., 1332. Members of United States Tariff Commis- sion, 5326a. - Mississippi River Commission, 9994. National bank directors, 9684, 9686. National guard, appointments to signal corps, 1867.j. [Page 2368] WACANCIES IN OFFICE (Cont'd) Navy, accepting appointments in diplo- matic service, 26.12. Hospital corps, pharmacists, 2513. Machinists, 2556. Paymaster, acting, appointment, 2529. Retirements in case of deficiency in average vacancies, 2636–2638. Officers’ Reserve Corps, . colonels, 1881a. Lieutenant-colonel, 1881a. Philippines, legislature, how filled, 38.14d. Resident commissioners, how filled, 3815. Postmasters, 7195. Public buildings commission, how filled, 3369a. - Public printer, chief clerk to act, 6991. Recorder of general land office, designa- tion of temporary recorder, 694. Registers and receivers, 4496. Regular army, officers’ reserve corps, pro- motion to, 1881b. Representatives or delegates to Congress, election to fill, 23. How filled (Const. art. 1, § 2, cl. 4). Pay of members elected to fill, 56, 57. Time for holding elections to fill, 23. Representatives, Porto Rico, 38031. Resident commissioner of Porto Rico, 3803O. - Selective draft boards, 2044d. Senate recess, how filled (Const. art. 2, § 2, c1. 3). Senators, how filled (Const. art. 1, § 3, cl. 2). - Porto Rico, 38031. Dnited States Shipping Board, not to im- pair powers of remaining members, 8146b. Volunteer army, promotion to, VACATION Judgment against persons in military service, 30.78%bb. Town sites in Oklahoma, 5038. Sale of lands, 5039. WACATION PRG CEEADINGS Arrest of prisoner by bail, 1682. Bailing of property seized, 1566. District courts, 976. WAC (CINATION Indians, purchase for, 4125b. WAGRANTS Exclusion from United States, 4289%b. VALUABLE LETTERS - Disposition of, in dead-letter office, 7420. VALUE Unit of, Philippines, 3893. VARIANCE See Pleading. VEGETABLES Customs duties on, 215). Division of physiology and pathology, 795. Plant Quarantine Act, 8752-8764. Officers’ 1881b. TeServe COTOS, 5291ſ197-200, 208, 209, Standards, barrel, 8907c. Basket, or container for small veg- etable, 8907m. Examination, test by Department of Agriculture, 89070. Guaranty of manufacturer defense to dealer, 89074. VEHICH.ES District of Columbia, Conduit Road, reg- ulations, 3322a. Exchange, 1972a. - Department of Agriculture, 814bb. Exemption from customs fees when trans- porting imports in bond through for- eign territory, 5692. Exports of merchandise, information fur- nished to collector of customs, 881. Foreign trade, State quarantine laws to regulate, 9155. Forfeiture when used for smuggling, 5764. Includes what, 4 . . Intoxication of persons in charge of in District of Columbia, 3421%m. Purchase for enforcement of immigration laws, 960a. Purchase of passenger carrying vehicles and motor boats, department of agri- culture, 814b. ons, except where otherwise indicated.] VEHICLES (Cont'd) Search and seizure, under customs laws, 5763. Vehicles used in conveying liquors into Indian country, 4141a. Search by post office inspectors, 7552. Signal Corps, purchase, etc., 1867n. Transportation of explosives on passenger vehicles prohibited, 8016. º violating liquor law in Alaska, VENIDOR AND PURCHASER See Sales. Protection of purchaser in naval service, 3078%f. VENEREAL BISEASES Division of, in Bureau of Public Health service, 918844(c), 9188% (d), 9188% (g), Appendix p. 1797. Prevention, etc., 9188% (a)-9188% (h), Ap- pendix p. 1797. - VENIRE FACIAS Issuance, service, 1256. VENIRES Fees of marshal, 1386. Of Supreme Court, 1393. VENTILATORS Steerage passenger compartments, 8000. VENUE OR DISTRICT OF SUIT Anchorage violations, 9959a. Anti-trust Act, action for damages for violation of, 8835d, 8835k. Bonds for admission of aliens liable to exclusion, 4289%kk. Cancellation of potassium land leases, 4640hh. Change of, Maine, 1070g. Civil suits in general, 1033. Claims for war risk insurance, 514e. Criminal Cases (Const. art. 3, § 2, c1. 3); (Const. am. 6). Arming vessel to cruise against cit- izens, 10467. Creation of new district or division, - 1041. - military or Districts containing more than one division, 1035. Embezzlement by officers of common carriers, of moneys, property, etc., used in Interstate Commerce, 8602a. False stamping of articles made of gold or silver, 8809. Fur seal act, 8845. High seas, etc., offenses on, 1023. Maine, 1070d. Offenses begun in one district and completed in another, 1024. Ohio, 1087. Postal offenses lotteries, Radiotelegraphs, 10108. Regulations to prevent injuries from Coast Artillery Fire, 9862d, Appen- dix p. 1799. . Submarine cables, offenses relating to, 10099. - Under act relating to federal control of transportation systems, 31.15%k. Using mails, advertisement of intoxi- cating liquors, 10387b. Violation of Espionage Act, 10401c. District court in general, 1022–1037. Division of district in which suit, 10383. offenses relating to, etc., to be brought, 1033, 1035, 1070d. Effect of creation of new division, 1041. In States containing more than one district, 1034. - By enemy or ally of enemy against li- censees of patent and trademarks or copyrights, 31.15%ee(f). Enforcement Of immigration 4289%p, 4289%bb. Forfeiture of potassium leasehold inter- ests, 4640g. - Forfeitures for violation of act relating to export trade, 8836%.e. Importation of articles for sale at less than foreign market value, 8836m. Interpleader by insurance companies, 91a. Interstate Commerce Commission orders, enforcement, 994. Libel for condemnation of necessaries hoarded, 31.15%h. laws, GENERAT, INDEX [Page 23691 [References are to sections, except where otherwise VENUE OR DISTRICT OF SUIT (Cont'd) Partition where United States is co-ten- ant, 991 (25). Seizure of property intended for export in time of war, 7678e, 7678f. TJnited States Shipping Board Orders, suit to enforce, 81460. War risk insurance policy, 514e. VERDICTS Admiralty causes, 1585. Conspiracy to influence, 3933(2). Findings of court when jury waived, 1587. Issues of fact in equity and patent caus- es, 1586. May be as to part of several indicted to- gether, 1702. - May be for offense included in that charged, etc., 1701. VERIFICATION See Affidavits ; Oaths. Cº. compensation to injured employé, J. Inventory of property taken under search Warrant, 10496%m. Tists of alien passengers, 42.89%gg. Tºetition for naturalization, 4352(2). Returns of income by corporations, 6336m[b]. For purpose of income tax, 6336r. Statement by persons registered under Opium Act, 6287i. VERIFHERS Appraiser’s office in New York, 5332. Not to engage in business, 5630. VERMONT District court terms, 1101. Judicial districts, 1101. Recognizance of witness taken in, 1491. VERMUTH Internal revenue tax, 6110bſal, 6110c, 6110d. WESSELS See Anchorage : Clearance of Vessels ; Coasting Trade; Collision ; Crimes and Offenses ; , Enrollment of Ves- Sels : Entry of Vessels : Fines and Penalties : Fish ; Fisheries, etc.; Foreign Vessels : Licensed Officers for Vessels : Licensed Vessels : Life- Saving Apparatus ; Lighthouse Serv- ice ; Log–Books ; Masters of Vessels ; Mates ; Merchant Seamer, Motor Boats ; Navigation ; Owners of Ves- sels : Piracy Recording of Vessels ; Registry of Vessels Reven we Mo- rive Steam Vessels ; Tolls ; Toºw- nage and Torºnage Dwties ; Towage ; Towboats : Unlading ; Unseaworthy TVessels ; War Risk Insurance ; YO.Chºts. - Limitation of liability of ship owners, see Limitation of Liability of Ship- O4/U%,637°S, Aliens, bringing in aliens not entitled to be admitted, 428934 e. Expenses of detention of alien pas- Sengers, 4289%hh. Expenses of treatment of aliens em- ployed on passenger vessels, 4289%ss. Head tax lien, 4289%aa. Solicitation of immigration, 4289%d. Transportation of alien immigrants, 4289142-4289%t. Anchorage regulations, 99.47–9959. Animals in transit, care of, 8651–8656. Assistance to persons found at sea, 7991. Bill of health, fee for, 8.138. Boarding before arrival, penalty, 8387. Breaking and entering when containing merchandise for transportation in bond, penalty, 57.01. Bunks for seamen, number of, 7734. Bureau of Fisheries, officers and crews admitted to benefits of Public Health Service, 9192a, Appendix p. 1798. Captain, removal by owners, 7995. Carrying mails, contracts for, inland and foreign service, 7431. Contracts for, , limit of term, 7441. Foreign service in American vessels, 7530–7539a. Postage rates on letters carried foreign vessels, 7543. - Repeal of laws compelling, 7469. Carrying passengers on ocean mail ves- sels, 7532. Charges for use of government Wharf at Sitka, Alaska, 6929. COMP.ST.’18—149 action On, in | VESSELS (Cont'd) Charts, etc., for navigation of, 656-660. Clearance and entry, 7789-7810. Coast and Geodetic Survey, transfer to war or navy departments in time of national emergency, 8562a. Coast Guard, use for private purpose pun- ishable, 8459%a.(6). - Collecting information with respect . . to movement, etc., in time of war, 10212b. Collisions, master to stand by to assist, 7979. Rules for preventing in harbors, riv- ers and inland waters, 7872-7909, Commissioner of Navigation, supervision over, 891. - Common carrier not subject to forfeiture for unintentional smuggling, 5766. Competing carriers not to own, lease, etc., 8567. Condemnation of timber, 6911aa, Appendix p. 1784. Construction, material for admitted free of duty, 5309. Material for, drawback, 5724. Material for withdrawn from bonded Wareholise, 5310. Conveyance, acknowledgment, 7779. Bills of sale, contents, 7782. Certified copies of record, 7781. Index of records, 7780. Necessity of record, 7778. Crews of, 8225. Lists of, fee for, 8138. Requirements and qualifications, 83632. Cuban entitled to privileges of favored nations, 7821. * Customs-officers not to own, etc., 5379. sawmills, etc., Definition, 3, 8392, 10096. 8146a, Appendix p. 1789. Detail to prevent injury from coast ar- tillery fire, 9862a. Detention in case of insurrection, 10157, Detention of armed vessels, 101826, 10514a– 05.14d. Disposition of useless papers, 2789. Domestic trade, canal boats exempt from regulation relating to, 81.45. Fees for services rendered by officers, 8:136, 8140, 8143. . . Payment from Treasury in lieu of, 8138. Renort of, 8138. Table of, posting, 8142. Fishing, permits to touch at foreign port, etc., 8117, 8118. Foreign, coastwise trade, and permits for, 8120-8122. Forfeitures of vessels for violation of Iaw, exceptions, 8133. Notice of seizure, 8134. Recovery, 8135. Lighters and boats exempt from reg- ulations relating to, 8444. Manifests and permits, 8137. Certificate to, fee for, 8138. Fee for, 8.136, 8,137, 8138. Transportation of foreign mer- chandise across New Jersey and Telaware, 8115, 8116. Vessels trading between neighbor- ing districts, 8101. Penalty for proceeding without, 8402 manifest 8136, 8137, Measurement, 8057–8146. I'ee for, 8136-8138. Penalties for violations of law, re- covery, 8135. Regulation of anchorage and move- ment in time of war, etc., 9959%a- 9959%d. States, power to require entry, clear- ance and duty payments (Const. art. 1, § 9, cl. 6), p. 1. Towage between United States ports by foreign vessels, 8123. What are vessels of United States, 8057. Draft of registered vessels marked on, 7760. Drawbacks not allowed on importations in foreign vessels, 5730. Duties and powers of Secretary of Treas- ury over, transferred to Secretary of Commerce, 859. Enemy aliens not to approach within one-half mile of government or naval vessels, 7615. Engaged in taking oysters, seamen’s Wag- es, 8321 indicated.] WESSELS (Cont'd) Equipping, etc., for pelagic sealing or sea. otter hunting prohibited, 8839. Export cattle, accommodations for, 8655, 8656. Extension of arrangements between rail and water carriers to other, 8569. Federal control of transportation sys- tems, 1974a. Fines, penalties, and forfeitures, carrying º live-oak and red-cedar timber, Carrying revenue 8459%b(57). Clearing from foreign port for United States without bill of health, 9157. Costs, how taxed when claimant’s right is established, 1620. Departure without clearance or per- mit, 10162. Destruction of or injury to vessels in time of War, 9959% c. Entering port closed on account of in- surrection, 10159. Entry in or departure from quaran- tine grounds without authority, 9170. *H, in violation of quarantine laws, 0. Failure to deliver bonded imports for rewarehousing, 5686. Failure to man vessels as required, Failure to number certain undocu- mented vessels, 8095d. Fishing in Alaska, 3624. Fººted Vessels entitled to registry, Landing merchandise drawback, 5752. Licensed or enrolled vessels engaged in domestic commerce on proceeding to foreign port without register, 8086. Lien on vessels condemned in insur- rections preserved, 10164. Locks, etc., unlawfully removed, 58.18. Master of, breaking, etc., locks and fastenings, 5773. Service ensign, entered for oº::cting Officer, etc., penalty, Presumptions of violation of fur seal act, 8844 Regulations of anchorage and move- ment in time of war, etc., 995944b. Remission, 10135, 10136. On Summary investigation district judge, 10.130. Sale, charter, etc., i shipping board act, Appendix p. 1789. Searches and seizures, search for let- ters illegally carried, 7473–7475. Seizures, costs, 1611. Customs officers, 5761, 5775. Under customs, revenue, laws, 1564, 1565. Procedure, 1549. Venue, 1029. Vessels belonging to, etc., alien enemies, 8146rr, 8146s. Violations of act relating to fur-bearing animals, 8851, Violations of embargo on ex- ports, 7678b-7678k. Violations of fur seal act, 8846, 8847. - Violations of law and proce- dure in certain cases, 1549. Taking out of port in violation of embargo on exports, 7678d. Trespass upon quarantine grounds or anchorages, 9164. Unauthorized taking of seal or sea otter, 8843. |Unlawful carrying away live-oak, etc., 4981, 4982. TJnlawful importations, 5306, 5307. Diseased cattle, 8684. Unlawful killing of seal, 8855. TJnlawful taking of sponges, 8866. TJse of vessel as resort for persons conspiring against United States, 9959% c. Vessel belonging to citizens of insur- rectionary states, 10161. Violations of Alaska, fisheries act, 3642. Violations of Chinese Exclusion Act, 4297, 4305. - - Violations of conditions of approval by shipping board, 8146r(5), Appen- dix p. 1790. Violations of Customs laws, 5792. In violation of 8146e, 8146r(1), etc., GENERAL INDEX VESSELS (Cont'd) Fines (Cont'd) Violations Of 4289%d. 4289%.e. - - Violations of laws and regulations for navigation, 7973. - Hºrs, rivers and inland Waters, Violations of provisions against en- try or exit of aliens during War, 7628g. 4. Wrecked property taken from Florida coast to foreign ports, 7986. Fisheries, 8147-8150. - - - - Duty to keep nets, etc., from Subma- rine cables, - Flag or pennant for merchant vessels commanded by officers of the naval re- serve force, 29.00%a (25). Forbidding departure, 10182b, 10182ſ, 10514a–105.14d. . . . . . . . '. Foreign Mail Service, 7524-7545. Foreign trade, 8052-8056. Annual reports, 879. - Bill of health, 9157. * - Bound coastwise, manifests and per- mits, 8120-8122. . . - . . Cargo "destined for different collection districts. 5475-5480. -. -- Contiguous country, sealing to avoid inspection, 5814. - - Customs officers to board When bound for Natchez or Vicksburg, 5514, 5515. Departure from port of, before making - report or entry, 5469. . Discriminating duty On goods import- ed in, 5305. - Discrimination against United States juring foreign war, prohibition, 8836r. immigration laws, [Reference Distress, unlading or reloading, 5583- Djing in United States prohibite; “wººt documentation as vessel of United States, 8099. . . - Enrollied and licensed Yeşşels northern, etc., frontiers, 8064. Entry and upºns. inspectors to Su- perintend, 5566. Fºº, duty on, 5826, 5827. e Exempt from , fees and taxes in tri- weekly foreign trade, 5489. Forfeiture and seizure for unlawful unlading, 5565. OIl Injuring vessels engaged in, 10483a, 0.514a–105.14d. - 105 applicable to trade between LaWS Philippiñes and United States, 3905. License to lade or unlade at night, 5559. Manifests, 5503–5513. e Tſerchandise destined for foreign ports exempt from duty, B472, 5473. Mºhandise unlawfully, received from another vessel, penalty, 5556. Minimum net register, e Fapers retained until demands and T wages are paid, 3.175. Passports, form, 8052. s Penalty for departing without, 8053. tºregistered vessel sailing with sea letter, 8054. Place for entry, 5466. 5467. Preliminary entry. 5560. Quarantine regulatiºns When arriv- ing without bill of health, 9165. . Registry, sea letter, etc., deposit with Çonsul on arrival at foreign port, 8055. • Děposit with consul, on arrival at foreign port, penalty for failure, 8056. e Reports by masters upon arrival, 5470, 54.71 Reports of spirits and wines import- ed, 5471. e Restrictions on importation in, 5306, sanitary condition regulated by Sec- retary of Treasury, 9169. State quarantine laws to regulate, 9155 Time allowed for unlading, 5572, 5573. Tonnage duties, 7811, 7812. #xemption in certain cases, 7814- s from Philippines, 7813, 7813a. - - Towage by between United States ports, exceptions, 8123. Penalty, 8123. - Prohibited, 8123. T; between Philippine Islands, IPage 23701 s are to sections, except where otherwise indicated.] - WESSELS (Cont'd) Foreign trade (Cont'd) TranSportation of merchandise be- tween ports of United States by, prohibited, 8097. Transportation of passengers between ports of United States by, prohib- ited, penalty, 8096. Transshipment Of imported merchan- § for immediate transportation, Unlading, time for, 5563. Unlawfully, 5564. - . Without perrhit, penalty, 5555. Foreign vessels, detention or departure, 10179, 10182b, 101821, 10514a–10514d. Injuring vessels engaged in foreign commerce, 10483a. Regulation of anchorage and move- ment in time of war, etc., 9959%a- , , 9959%d. - Vessels of war, purchase of from warehouse by, 5668. Fumigation, 7734. - Fur seal fisheries, 8838-8849. Grounded, etc., , destruction, 9925. Hiring of for river and harbor improve- ments, requirements as to written con- tracts, etc., not applicable to, 6896. Hospital compartments on, requirement of, 7734. - - - . Hospital ships, copmmanding officer may order summary courts-martial, 2994a. Infected vessels sent to quarantine, 9161. Injuries to river and harbor improvements or navigation, damages, 9921. Inspection, exception, from requirements, Supplies 07a. - - Internal revenue tax, on berths, etc., 6309%a. ** ... • . . On passenger tickets, 6318h. Libels against, costs, 1619. Liens, see Liens. - - Life saving apparatus on all vessels, pro- gººd by machinery other than steam, Lighterage in Philippines, licenses, 3914. Lighthouse service, repairs, 8430. 'Retirement of officers and employés, 8455a, Appendix p. 1792. - Transferred to Navy Department dur- ing national emergèncy, 8459a, L. of, to be kept by consular Officers, 1. Log-books. 8036–8038. Measurement, Commissioner of Naviga- tion to supervise, 892. - |Bxception from requirement, 7707a. Prerequisite to license, 8080 Medicines for seamen, 8358, 8359. Merchant seamen, 8287-8392. Merchant vessels, 8353-8357. Movement of, regulations for, 99.47-9959. Naval militia, 3078a (4). Loan by tſnited States, 3078a013). Purchased vessels may be manned by officers and men of militia, 3078a. 33). Navy. account of men received or sent from ship, 2980(5, 6, 11). Aid to distressed navigators, 2776. Appraised value of stores, equipment and supplies turned in from tº be credited to current appropriations, 6762a. - Armor factory, 2779a. Authority of officers over crew after loss of vessel, 2981. - Auxiliary vessels, preference of naval reservé force men, 2900%a (23). Built in navy yards, 2804f. Charts, etc., for navigation of, 656. Classification, 2768. Collision, adjustment and report of claims for damages, 652. Command, assignments to, 2768. Commanders, may examine, etc., Ves- sels believed to be engaged in cooly- trade, 4347. Construction of Ocean mail vessels with reference to conversion into auxiliary naval cruisers, 7533. Contracts for supplies to be furnished to, on foreign stations, 6873. Deaths and desertions to be minuted on ship’s books, 2980(3, 11). Deaths, care of decedent’s property, 2980(4, 11). Defined, 8394. - Detail to remove or destroy derelicts, - Empiöyment to enforce act relating to sponges, 8869a. VESSELS (Cont’d Navy (Cont'd) Entry on ship’s books as to men on board. 2980(1, 2, 11). - Fºment, life saving dress as part, Equipment outfits charged against ap- propriation “increase of the navy construction and machinery,” 6762c. Examination of condition, 2786. Gifts for, 647. w Hawaiian wharves used by, free of tolls, 3728. Health of crew, 2980(8, 11). Material for construction, 2779. - Admitted free of duty, 5309. Material for withdrawn from bonded warehouse, 5310. - Merchant-vessels protected from pi- rates, by, 8040, - - Names, 2769-2773. Nautical schools, 2762-2764. Nºgent Stranding, punishment, 2969 officering and manning, 2775. . . . onceºuthority to administer oaths, To be citizens, 2599. Pºted articles for marine engines, Patrol of Walters frequented by fur seal, etc., 8846 - P.gº crews of lost or captured, 2863– Pensions to persons serving on, 8934, 8944. President’s orders concerning, 616. Purchase for transportation of fuel, 2804h, Appendix p. 1765. Purchases of supplies for, in foreign stations, not subject to provisions as to advertising, etc., 6869. Rºwing freight, punishment, 2969 (13). - Repairs, 2781-2784. Limitation suspended, 2781aa, Ap- pendix p. 1764. - Reports and estimates of, 650, 651. Reports of sales of, 648. Rules for payment of arrears of pay to petty officers, seamen, and other persons on vessels lost or destroyed, .. Sale of unfit or unserviceable Ves- sels, 2783, 2784, 2787,2787a. Salvage service, 2776a, Appendix p. 1764. Services in time of peace, 2774. Shares in prizes, 8410. stººding or injury, punishment, 2965 Striking from register, 2786, .2787. Transfer to United States Shipping Board, 8146cc. Use for quarantine, 9174. Numbering certain undocumented vessels, 8095a-8095f. r Award and record of numbers, 8095b. Notice of destruction or change of ownership of vessels, 8095c. ..Penalties, 8095d. - Regulations for enforcement of act, 8095e. Sale, renumbering, 8095c. Time of taking effect of act, 8095f. Obstruction of navigable waters, unlaw- ful, penalty, 9920, 99.21. - Obtaining information concerning, 102.12a. Opium, concealment on, offenses, 8801b. Not to be transferred between Vessels, 8801c. Panama Canal, proclamations, p. 1651. Regulations, 10041. - Use of prohibited to vessels owned by persons engaged in violating anti- trust act, etc., 8836. - Panama, railroad company, transfer from to United States Shipping Board, 8146CC. Philippines, registry, 3912. Piracy, suppression, 8039–8045. Porto Rico, nationalization, 3756. Ports of United States, use by vessels . engaged in pelagic Sealing, etc., prohib- ited, 8839. Private signals, registry, 7761. Purchases of, army transportation, 6849. In time of war or emergency, 3115/16a- 3115*/16d. 3115/16a–3115* 16C, 3115*/16e, Appen- dix p. 1771. - . ." Transportation of fuel, 6879a. Quarantine regulations at foreign ports of departure, 9158. - Radiotelegraphs, 10100-10109. GENERAL INDEX [Page 237.11 [References are to sections, except where otherwise indicated.] WESSELS (Cont'd) Regulation of movement in time of war, etc., authority of government of Panama Canal, 9959%a. Authority of Secretary of Treasury, 9959%a. Destruction or injury of, 9959% c. Enforcement of provisions relating to, 9959%d. Failure to comply with rules and regulations, 9959%b. Jurisdiction of offenses, 10514b. Partial invalidity of act, 105.14d. Prosecutions under prior laws, etc., 105.14c. Seizure and forfeiture, 9959%b. Taking control and possession of, 9959%a. United States defined, 10514a, Use of as resort for persons conspir- ing against United States, etc., 9959% c. Revenue cutter may require to bring to, 8459%b (58). Revenue-cutter officers to board, etc., 8459%b (52). Revenue-Cutter Service, employment to enforce act relating to sponges, 8869a. Sale of unfit or unserviceable vessels, 2783, 2784, 2787, 2787a. - Salvage laws not applicable to govern- ment ships, 7994. Sea letters, forged sea letters, making or uSe Of, 7777. To what vessels issued, 7776. Seaworthiness, examination on complaint of seaman, 8345–8352. Sending out armed vessels with intent to deliver to belligerent nation, 10182d, 10514a–105.14d. Speed, etc., regulation of in United States canals, 9861, 9862. Statement to be furnished persons in Charge of river and harbor works, 9900 Penalty for failure, 9901. - Submarine cables, see Submarine Cables. Summary trials for certain offenses against navigation laws, 8046-8051. Title, certificate of, fee for, 8138. Trade with contiguous countries, depar- ture from place where there is no custom house, 5834. Duties on certain equipments and re- pairs, 5826, 5827. Manifests of, 5828–5830. Sealed, penalty for breaking lock and seals, 5817, 5818. Penalty for taking, to other ports, unloading and selling contents, 5816. Regulations for, 58.15. Transportation, army and military Sup- plies, 1974, 6857. Live stock from quarantined State, etc., 8702. Opium to or from China, 8799. Passengers and merchandise, 7997–8035, 8225-8276. - Treasury Department, advances for Work on, lien, 6648. |United States, accidents to, reports by owners or masters, 7975, 7978a. Annual list of, number of copies, dis’ tribution, 7084. Articles not intended for sale import, ed in, special delivery, 5705. Carrying foreign mail on, 7530–7538. Change of name, 7762–7764. By commissioner of navigation, 9 Charts, etc., for navigation of, 656-660, Coastwise, and on Great Lakes subject to navigation laws, 8153- Commissioner of Navigation to pre- pare and publish list of, 893. Compartments for use of crew, 7730. Consular officers to assist when stranded on foreign coast, 7984. Conveyances, necessity for record, 7778. Defined, 7707. Detail to enforce act to prevent in- juries from Coast Artillery fire, 9862b, Appendix p. 1799. Detention with cargoes in certain cases in insurrectionary districts until duties paid, etc., 10157. Discount in Customs duties on portations in, 53.11. Documentation of foreign built dredg- es, 8099. - Duties as to submarine cables, 10092. im- WESSELS (Cont'd) United States (Cont'd) Employment in coast and geodetic survey, 8557. Exempts, consular fees, 3176. Tonnage duties in coasting trade or fisheries, 7815. Forfeitures and penalties, failure to Stand by to assist after collision, 7980. Inspection, suspension of requirement, 7707 a. Vessels registered abroad by con- Sular officers, 7709a. International rules for preventing col- lision, etc., 7834–7871. Lists of, official register not to Con- tain, 7128. - Preparation and 'filing, 7092. Lost in military service, payment for, 6396, 6401. Pºnent appropriation for, 6799 Settlement of paymasters’ ac- Counts, 455. Material for construction and repair admitted free of duty, 7709. Measurement, suspension of require- ment, 7707a. Vessels registered abroad by con- sular officers, 7709a. Nº and home ports marked On, Names of Steam vessels to be printed #1 pilot house, wheel house, etc., Nationalization of certain vessels Owned by residents of Alaska, 7718. Notation of rebuilding on list of merchant vessels, 7788. - Notice of probable loss given by own- er, 7976, 7978a. Officers, license, 7708. Must be citizens, 7707. Suspension of requirement by President, 7707a. Owned exclusively by citizens, 7707. Permits to transport foreign mer- chandise across New Jersey and Delaware, 8115, 8116. Privileges denied, failure to make Oath upon entry, 7754. Unless new register taken when required, 7750, 7751. Purchase of supplies free of duty ºn engaged in certain trade, 5669, Pººjases of for army transportation, Quarters for crew, 7734. Registry lost by sailing under foreign flag during rebellion, , 7714. Regulations in domestic commerce, 8057–8146. In foreign commerce, 8052–8056. River and harbor improvements, col-, lisions, settlement, etc., 9899. Sea-letters not issued except to, 7776. Separate report of, 879. Steamships built abroad, when enti- tled to registry, 7710-7712. - Survey, suspension of requirement, 7707a. Tºse ascertained, by measurement, Transportation of army and navy sup- plies by, 6857. What are, 8057. United States fish commissioner, relations with Navy, 907. Unlawful taking out of port, 10182g, 10514a–105.14d. War Department, transfer to United States Shipping Board, 8146cc. War risk insurance on, 514a–514.j. Washing facilities for men, 7734. Wrecks, registry or enrollment when pur- chased by citizens, 7714a. WETERHINARIANS See Veterinary Corps. Consular districts in China, of sale of poisons, 7696b-7696.n. Opium, possession of person obtaining same on prescription not presump- tively unlawful, 6287n. Registered veterinary surgeons may dispense without order for, 6287h. Pay, sea, travel expenses, 2126. Quartermaster’s department, 1785. IRetirement, 2050. VETERINARY CORPS Appointments, 1724a. Army Medical department, part of, 1806. regulation VETERINARY CORES (Cont'd) - Cavalry regiments, assignment to, 1724a. Commutation of quarters, 21.18a, 2118b. Engineer corps, assignment to, 1724a. Examination, appointment of boards of examiners, 1724a. Field artillery, assignment to, 1724a. Medical department of army, Composed in part of, 1724a. Probationary period of assistant veteri- narians, 1724a. Quartermaster corps, assignment to, a. - Rank, 1724a. VETO Congressional bills, resolutions, etc. (Const. art. 1, § 7, cls. 2, 3). Laws of Porto Rico, 3803ddd, 380311. WICE-ADMHRAILS Allowances, 2471aaa, Appendix p. 1761. Number, 2471a.a. Pay, 2471aa. Return to regular rank, 2471aa. Secretary to, 2489, 2490. Selection, 2471aa. VICE-COMMERCIAL AGENTS Registry sea letter, etc., of United States' Vessel in foreign trade, deposit with on arrival at foreign port, 8055, 8056. Suits by, penalty for failure of vessel to deposit registry, sea letter, etc., on ar- rival at foreign port, 8056. WICE-CONSULS See Consular Officers. WICE-CONSUILS-GENERAL See Consular Officers. Office abolished, 3140a. VICE PRESIDENT Books from library of Congress, 138. Disrespectful words against, 2308a, art. 62. Documents allotted to, Congressional Rec- ord, 7090. Official Register, 7092. Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Election (Const. art. 2, § 1, cls. 2, 3), (Const. a.m. 12). Denying right to vote, reducing repre- Sentation in Congress (Const. am. 14, § 2) Electors, not to vote for candidates for both president and vice presi- dent from their state (Const. am. 12). Electoral College, certificates of appoint- ment, 205. Certificates of electoral votes, indors- 1D18, º Making, 207. Sealing, 208. Secretary of state, district judges, list for, 211 Signatures, 207. Transmission, 209. Agºnce Of President of Senate, Time for, 210. Controversy as to appointment of, de- termination, 204, 205. Counting votes in Congress, 215–218. Failure to choose at prescribed time, Manner of voting, 203, 206. Messengers, appointment, 209. Mileage, 213. Number, 200. Neglect of duty, forfeiture, 214. Time for choosing, 199. - Time of meeting, 203. Vacancies, 201. Exemption from militia, 3043. Exemption from selective draft, 2044d. Impeachment, grounds (Const. art. 2, § 4). Member and One of regents of Smithsonian Institution, 10565, 10566. Member of board of visitors of naval acad- emy, 2756a. oºl correspondence transmitted free, President, discharging duties of upon re- moval, etc. (Const. art. 2, § 1, cI. 5). Presiding at Certain meetings of institu- tion in absence of President, 10574. Public documents sent and received by transmitted free, 7378. Qualifications (Const. am. 12). Refusal of office, evidence of, 221. Reservation of unstitched documents and reports for, 7022. Discontinued, 7023. Resignation, evidence of, 221. Salary, 36, 226. GENERAL INDEX [Page 2372] [References are to sections, except where otherwise indicated.] WICE PRESIDENT (Cont'd) Selection of Senators as regents of Smith- Sonian Institution, 10567. sº , resident of (Const. art. 1, § , Cl. * Terra (Const, art. 2, § 1, cl. 1). Commencement, 222. Duration, 222. Vacancy in office, succession, 219, 220. VINEGAR, See Distilled Spirits and Wines. Customs duties on, 52910236). Standard for computing, 56.13. Merchant vessels to be provided with, 8358, 8359. VINEGAR, FACTORIES See Distilled Spirits aſſwd Wines. VINES Plant Quarantine Act, 8752–8764. Purchase and distribution of by Secre- tary of Agriculture, 820. WHNTNERS ‘See Distilled Spirits and Wiºles. VIRGINLA Advertisements, etc., required to be pub- lished in District of Columbia, Maryland and Virginia to be published in Dis- trict of Columbia, 7182. Deputy district clerks, 1102. District clerks, 1102. District court terms, 1102. Judicial districts, 1102. Mail lettings for, advertisements of, 7183. WHIRGIN ISLANDS Appropriation for expense of taking over, etc., 39.24%f. Appropriation for payment for, 392.4%g. Courts, appeals and writs of error, ov44%b. Jurisdiction, 39.24%b. Customs duties, 39.24% c. Duties, use and disposition of collections, 3924%.e. Governor, appointment, 3924%a. Compensation, 3924%a. Importation of distilled spirits from, pro- hibition against, exceptions, 8739b. Internal revenue taxes, 39.24%.c. Articles imported from into United States, 6340a. Articles imported into from United States, 6340a. Jurisdiction over, 3924%a. Loans for purchase of, 6829d. Local laws continued in force, 392444b. Proclamation of President, 3924%h. Taxes, laws continued in force, 3924%d. Sugar, 3924%d. Use and disposition of, 392444.e. Time of taking effect of act, 392.4%h. VIRUSES See Health. For domestic animals, 8785. Prevention and cure of diseases of man, 8778–8784. WISHEH,IE Definition in international rules for pre- vention of collisions, 7836. VISITORS - See Board of Visitors ; Insane Per- SO??.S. Crater Lake, National Park, liability for destruction, 5230. Naval academy, 2756, 2757. VITAL STATISTHCS Collection of, 4390. Compilation and publication by Public Health Service, 9147. VHTR}{O}][, Oil of, see Oil. WOCATIONAL EDUCATION Acceptance of benefits of appropriations by states, 9390%.c, 939044 mm. Appropriations for, 93.90%a-9390%bb, 93.90%d-939014.g. Acceptance of benefits 93.90% c-939.0%mm. Co-operation with states, 93.90%a. Deductions from allotments, 939.0%j. Expenditure of, 9390%.e. Federal boards, 939044a. - of by states, Investigations by federal board, 939.0%d. Preparing teachers, supervisors, etc., 93.90%dd. Quarterly payments to states, 93904i. Salaries of teachers, agricultural sub- jects, 9390%.a.a. Trade home economics and indus- trial Subjects, 9390%.b. WOCATIONAL EDUCATION (Cont'd) Appropriations for (Cont'd) State custodian of funds, 9390%h. Use by states, agricultural purpos- es, 9390% ee. Trade home economics and indus- trial subjects, 93.90%f. Use for training teachers, 9390%bb, 93.90%g. Withholding allotments, 939.0%k. Expenditure of appropriations, 9390%.e. Expenses to be borne by state, 9390%.e. Federal Board for, appropriation for, 9390%.a. Assistants, 93.90% co. Certification to Secretary of Treas- ury of states accepting act, 9390%i. Chairman, 93.90% Co. Co-operation With 93.90% co. Creation, 939044cc. General powers, 9390%.cc. Investigations, etc., 9390%.cc. Appropriations for, 9390%d. Members, 9390%.cc. Plans and reports by state board Sub- mitted to, 939.0%dd. Reports to congress, 93.90%m. state boards, Salaries, 9390%.cc. Supervision of expenditure of funds, 93.90%i. Terms of office, 9390%.cc. Funds, loss, etc., replacing 93.90%l. Limitation on use of, 9390%l. State boards, appeals to Congress from withholding of allotments, 9390%.k. Creation, 939.0% c-939044 mm. Home economics, industrial subjects, etc., plans, 9390%.f. - Payments on requisition of, 939.0%i. Plans, agricultural education, 939.0% ee. Plans and reports submitted to fed- eral board, 9390%dd. Training teachers, 93.90%bb, 9390%.g. Teachers, trade, home economics and in- dustrial subjects, 939044f. Training, 939.0%bb, 93.90%g. TJse by states of appropriations, ricultural purposes, 9390% ee. For education in trade, home econom- ics, 93.90%f. WOCATHONAL REHABILITATION OF SOLDIERS AND SAILORS Accounts, 3078%h, Appendix p. 1770. Allowances and compensations to per- ; undergoing, 3078%b, Appendix p. 1769. Appropriations, 3078%gg, Appendix p. 1770. Citation of act, 3078%a, Appendix p. 1769. Cost of training, 30.78% c, Appendix p. for ag- 1769. Courses of training, 3078%d, Appendix p. 1769 Definitions, 30.78%a, Appendix p. 1769. Employés not exempt from draft, 30.78%i, Appendix p. 1770. Federal board for vocational education, accounts, 30.78%h, Appendix p. 1770. Courses of training, 30.78%d, Appendix . 1769. mºisations, 3078%e, Appendix p. 1770. Powers and duties, 3078%b, 3078%d, Appendix p. 1769. Rººts. 3078%e, 3078%h, Appendix p. 1770. Rules and regulations, 30.78%f, Ap- pendix p. 1770. Gifts and donations for, 30.78%g, Appen- dix p. 1770. Instructors, 30.78%d, Appendix p. 1769. Investigations, 3078%e, Appendix p. 1770. Medical and surgical work, 3078%f, Ap- pendix p. 1770. Persons to receive training, 30.78%b, Ap- pendix p. 1769. Reports, 30.78%e, 3078%h, Appendix p. 1770. p. 1770. VOLUNTARY BANKRUPTS See Bankruptcy. VOLUNTARY SERVICE ACTS See Appropriations. Text of act, 6778. WGE, UNTEER, ARMY See Militict. Appointment of officers, 2022, 2026d-2026h. Of regular army, 2026f. Army corps, 1758a, 2026c. Articles of war, subject to, 2308a, art. 2. VOLUNTEER ARMY (Cont'd) Authorization to raise, etc., 2044a. Bounties, 2204, 2205. Rºllstment in time of hostilities, Branch of army, 1715. Brevet rank, 2026c. Brigades, 1758a, 2026c. Call for volunteers, 2026b. Certificates of merit, 2026c. Chaplains, 2026e. Coast defenses, organization, 2026c. Command when different corps join, 2308a, art. 120. * Court of inquiry, officers eligible, 2026c. Courts-martial, officers eligible, 2026c. IDivisions, 1758a, 2026c. Enlistment, term, 2026a. Examination of officers, 2041. Examinations for commissions, 2042. Extra pay on muster out, 2038, 2039. Government of, 2026c. - of communication, 2026c. N Machine gun detachments, organization, 2026c. Maintained during war, 2026a. organization, | Maximum strength to be maintained in time of war, 2026g. Medical department attachment, 2026c. Medical officers, limitation on command, 2026i. Military 2026c. Military prisons, organization, 2026c. Military records of, 336, 344. Military trains, organization, 2026C. Mustering officers, to administer oaths, commission, officers eligible, 3. Muster out, 2026a. Officers, appointments to Officers’ sorve Corps, 1881aa. Assignment and transfer of, 2026i. Promotion to Officers’ reserve COTDS in time of hostilities, 1881c. Pay, 2026.j, 2171. Allowances and pensions, 2026j, 3045. Arrears, 2204, 2205. Extra pay on muster out, 2038. Officers, 2154. Prisoners of War, 2162. Paymasters, 2035. Pensions, 2026j. * Privileges on account of service during rebellion, 1934. Promotion, 2026c. IRank, 1921. Re-enlistment in time of hostilities, boun- ties, 1891. Regimental colors, retention. On mustering Out, 2044. Regular army officers, appointment, 2026d, 2026f. officers, 2047, 2064, 2066, 2067. service agencies, Organization, Re- Retired Secret 2026C. Staff officers, 2026e, 2026f, 2026.j. State militia, reception into, 2026b. Supply depots, 2026c. Transfer of officers, 2026d. TJnited States service, 2026a, 2026b. VOLUNTEER ARMY ACT See Volunteer Army. Text of act, 1714-1716, 2027, 2041. VOLUNTEER, NAVAIL RESERVE See Naval Reserve Force. WORLUNTEER, NAVY Officers, entitled to credit for service in, 2616 Pay, 2834. Transferred to regular navy entitled to credit for service, 2615, 2616. VOILUNTEER PATROL Sºu ADRONS Sale of oil and gasoline for vessels of, 3078a (25). W&OL}{JNTEERS National Home for Disabled Volun- teers, see Soldiers’ Home. National naval volunteers, see Militia. Pounty lands, 4830-4859. Claims for arrears of pay or for bounty, 451. Collecting, etc., not to be paid for unless, 6402. Life saving service, 8540, 8541. Marine officers to be credited for service, 2919. Medical officers, appointment, 1818. National home for disabled, admission to, 92.13, 9225, 9260, 9264a. Disnosition of property after death, 9268. * GENERAL INDEX [Page 2373] [References are to sections, except where otherWise indicated.] VOLUNTEERS (Cont'd) National home for disabled (Cont'd) Outdoor relief extended to, 9269. sººt to Rules and Articles of War, 27 I'êSer’We Officers’ corps; promotion to, 1881b. Payment for horses lost in military serv- ice, 6390. Pensions, Gray’s Battalion, Arkansas Vol- unteers, 9045. Indian wars, 9058. Extension of act to Texas volun- teers and their widows, 9066. Powell’s Battalion, Missouri Mounted Volunteers, 9045. Provision for, 8934. Rate of total disability, 8944. According to rank, etc., 8946. Survivors of War of 1812 and their widows, 9047, 9052. Privileges on account of service, 1934. Promotion, 1912. VOTE OF THANKS Congress, to naval officers, 2705–2707. Marine Corps officers, 2924. VOTERS - See Elections ; Elective Franchise. . VOTING MACHINES Fººtion of representatives to Congress, V40TING PROXIES Internal revenue tax on, 63.18a, 6318h. 6318i-6318k, Appendix p. 1779. WOUCHERS Accounts of Military Establishment au- dited at places other than seat of gov- ernment, 420a (c). Examination of, by Indian inspectors, Expenses. Of contest of election of mem- ber of House of Representatives, 187. False vouchers by disbursing officers ef- # to prevent payment to 3 creditors, Federal reserve bank organization ex- penses, 9786 (13). Fraud against United States by persons in military service, 2308a, art. 94(7). Indian affairs, 722. Payments from contingent fund Of, house of representatives, 109–111. Senate, 109. Pºns, payments to guardians, etc., By persons not in either service, 6411. Preparation and examination of, 429. Preservation of by Auditors, 419, 425, 454. Public Buildings Commission, signatures of, 3369a. Public printer, 6972, 6976. Senate committees, expenses of, 108. Transmission of by Auditors, 419. VREELAND-ALDRICH ACT See National Banks. National Currency Associations, 9692, 9693, 9709, 9714, 9752, 9779. WAFASH IRIVER, Water power leases, etc., at Mount Car- mel, Illinois, 9990. WAGE HEARNER. Iºntary bankruptcy of prohibited, {} - WAGES See Compensation : Seamen ; Pay : Pay of Army. False demand on fraudulent power of at- torney, 101.98. False personation of person entitled to, 10197. Government printing office employés, 6998– Proof readers, 7014. Internal revenlle and customs services, ºnent Withheld until oath is made, 32 5. Laborers, assay offices, 6532. Government printing office, 7014. Mints, 6435. Navy, assignment, 2873. Overtime Work on public contracts, 8922a. Priority in bankruptcy proceedings, 9648, Railroad employés, computation on eight hour day basis, 8680a. Not to be reduced pending investiga- tion by commission, 8680c. Reduction by receiver, 8674. Reports by consuls, 3168. Advances and allotments, 8323. Eactra Wages to - WAGES (Cont'd) Reports by consuls (Cont'd) - - - Allowance for reduction of provisions, 8357. Appropriation to costs of conviction, 8386 Canal-boats not to be libeled for Wag- es, 7996. Commencement of, 8315. Damages and penalty for refusal to pay, 8352. Debts recoverable during voyage, 8326. Deceased seamen, 8327-8334. Deductions, charges for inspection and damages when vessel found Sea- worthy, 8351. Costs and damages when Vessel found seaworthy, 8346. Payment of fees, schedule E, 8392. On discharge, on account Of unsea- worthiness of vessel, 8350-8352. On complaint of seaman, 8374. In foreign country on sale of Ves- sel, 8373. • In foreign port, 8371. Penalty for neglect to collect, 8372. Rules for settlement, 8341. Examination of witnesses and produc- tion of documents in proceedings be- fore shipping commissioner, 8344. Exemption from attachment or arrest- ment, 8325a. Forfeiture, 8384–8386, 8390. Desertion, disobedience, assaults, and other offenses, 8380. Disposal of, 8385. Failure to make voyage, 8313. Refusal to proceed on voyage when vessel found seaworthy, 8347. Improper discharge, 8318. Liability of owners not limited, 8028. Libel for, 8336. Not dependent on freight, 83.16. Pº of vessels retained until paid, 3.175. Payable in gold, 8337. Payment, account and settlement on discharge, 8338–8341. Deceased seamen, 8327-8334. Partial payment at ports, 8322. Shipment contrary to law, 8314. Shipping-articles to specify, 8300. Suits by without prepayment of or bond for costs, 1630a. Summons for non-payment, 8335. Suspension, 8319. Termination by loss of vessel, 8317. Standardization, appropriation for, 31.15% a, Appendix p. 1772. Time of payment, Alaskan coal land leas- es, 5078m. WAGONERS Cavalry, 1718. Engineer corps, 1842a. Field artillery, 1736a. Infantry, 1738a. Pay, 2144a. 2144a, Appendix p. 1759. Pensions to dependent relatives of, begin, WAGON ROADS Land grants, patents for to Oregon, 4871. Provisions for relief of settlers on lands granted to railroads applica- ble to grants for wagon roads, 4904. Suits to cancel patents erroneously is- Slled, limitations, 4901. Right of way, alteration, amendment or repeal of act, 4926. Over forest reservations or reservoir sites, 4945. Through canyons, etc., 4922. WAGONS *:::: in military service, how paid for, $6. Pºases of for army transportation, Yö43. WAGON TRANSPORTATION Supplies for Indian service, 4048, 4052. WAIVER, ge limit in grade of second lieutenants, 1920aa. By attorneys for persons service, 3078%bb. WAR, See Conservation of Food and Neces- saries ; Embargo Espiomage ; Eac- plosives ; Housing for War Industry Employés Indian Wars ; Inswºrrec- in military | WAR (Cont'd) tion ; Meacican War; Military Bown- ty Land Warrants : Militia ; Rebel- lion ; Red Cross Association ; Revo- lwtionary War ; Spanish. A merican." War ; Trading with Enemy War of 1812; War Risk: Insurance. Military, establishment, see Army. . Prohibition of eacport of war materials, see Easports Clºvd. Eacportation. Removal of alien enemies, see Allie??S. War claims, see Unvited States. Air craft patents, purchase, 3115"/32f. Alien enemies, removal' of, 76.15-7618. American National Red Cross, 7697-7706, Arms, munitions, etc., for export seiz- ure, 7678d-7678k, 10514a–105.14d. Articles of war, 2308a–2308d. - Carrier pigeons, knowingly entrapping, capturing, shooting, etc., 10212h4%. Possession or detention prima facie evidence of offense, 10212.h34. Punishment, 10212h45. Citizens not to expatriate themselves dur- ing time of, 3959. Claims for damages to private property from military operations in France, etc., 335b-335e. Committee on public information, ap- propriation, 31.15% b, Appendix p. 1773. Congress, power to declare (Const. art. 1, § 8, cl. 11). Conspiracy to levy, 10170. Declaration, power of Congress (Const. art. 1, § 8, cl. 11). With Austria, p. 17. With Germany, p. 17. - Defective making, etc., of war materials, etc., punishment, 10212h4/16, 102.12h”/4. Destruction of war material, etc., de- finitions of terms, 10212h'/16. Offenses defined, 10212.h3%. Detention of armed vessels, 10182c, 10514a- 105.14d. * Emergency services, appropriation for, 31.15% a, Appendix p. 1772. Enlisting to serve against United States, 10172. Espionage, 10212a-10212i, 10514a–105.14d. Establishment of credits with United States for foreign governments en- gaged in war with enemies of Unit- ed States, 6829.j. Appropriation for, 6829.j. Explosives, regulations, 31.15%a-31.15%kk. Exports of, arms, munitions, etc., 7677- 7 A. e. Jurisdiction of offenses, 10514b. Partial invalidity of act, 105.14d. Proclamation by President, 7678a. Prosecutions under prior laws, 105.14c. Punishment for exportation, etc., 7678b. Refusal of clearance to vessels, 7678c. Silver coin or silver bullion, 7678CC. Taking, etc., vessels refused clear- ance out of port, etc., 7678c. United States defined, 10514a. When unlawful, 7678a. Federal controlled telegraph, telephone, etc., systems, 31.15%x, Appendix p. 1772. Federal controlled transportation Systems, 31.15%a–31.15% p. Proclamation of President, 1974a. Forbidding departure of vessels, 10182b, 10182ſ, 10514a–105.14d. Hours of labor under public contracts in time of, 8922. - Housing for war-industry 31.15%a-31.15%i. 31.15%hh, Appendix p. 1772. Indians, appropriations not to be paid to Indians at war with United States, 4084 - Correspondence with foreign nations to excite Indians to War, penalties, 4097. Interned persons, admission of insane to St. Elizabeth’s Hospital, 9301a.a. Leaving jurisdiction, 10182h, 10.514a- 105.14d. Mails, use of, for interference with oper- ations of, 10401d. * Military bounty lands, 4830-4859. National War Ilabor Board, proclamation, of President, p. 431. Report of War Labor Board, p. 431. Naval militia to be called in case of 3078a (32, 33). Offenses against neutrality, 10173–10182. Offenses relating to, 10212c, 102.12cc. employés, Conference GENERAL INDEX [Page 2374.1 IReferences are to sections, except where otherwise indicated.] WAR (Cont'd) Offenses relating to (Cont'd) Jurisdiction of offenses g within Canal Zone, 10208. Patents for invention, extension of time for application on account of, 9438a, 9438b, 9438c. Possession or control of property and papers in aid of foreign government de- signed or intended for violating pen- alty statutes, etc., of United States, 102.12i, 10514a–105.14d. * Fºrences to military traffic in time of, *}0}, Prisoners of, admission to insane hospi- tal, 9301a, 9301aa. - Property for generating electricity, demnation of, 3115**/12a-3115*/12d, pendix p. 1773. Purchase of obligations of foreign ernments engaged in War wit mies of United States, 6829f, 6829j. Appropriation for, 6829.j. Conversion into obligations bearing higher rate of interest, etc., 6829f, 6829jj. Sale of obligations, 6829f, 6829.jj. Terms of purchase, 6829 j. Purchase of ships or War material in time of, appropriation, 3115/16d. Appropriations, powers of president under, 3115*/16e, Appendix p. 1772. Compliance With Orders placed, 3115/16b, 3115*/16d. 3.115*/16b, Appendix p. 1771. Definitions, 3115*/16a, 3.115*/16d. 3115*/ica, Appendix p. 1771. Disposition of fund, 3115*/16d. Limitation on expenditures, 3115/16d. Modification or cancellation of Con- tracts, 3115*/16b, 3115/16d. 3115*/16b, Appendix p. 1771. .* Power of President, 3115/16b, 3115/16d. 3115/16b, Appendix p. 1771. Precedence of orders and contracts, 3115*/16b, 3115/16d. 3115/16b, Appendix p. 1771 committed COIl- Ap- gov- 6829ff, Proclamation of President, 31151/16d. Purchase, etc., of ships already con- structed OI* being constructed, 3115*/16d. Refusal to comply with orders or give preference, 3115/16b, 31.15%/16d. 31151/16b, Appendix p. 1771. Requisition of factories or outputs thereof, 3115*/16b, 3115*/16d. 31151/16b, Appendix p. 1771. Compensation therefor, 3115"/16C, 3.115*/16d. 3115/16c, Appendix p. 1772. Recruiting for service against United States, 10171. Retired enlisted men may be called into active service in time of, 2659a. Search warrants, 10496%a-10496%v. Seizure, etc., of vessels owned, etc., by alien enemies, 8146.pr, 8146s. Sending out armed vessel with intent to deliver to belligerent nation, 10182d, 10514a–105.14d. States, engagement in prohibited without consent of Congress (Const. art. 1, § 10, cl. 3). Trade marks, extension of time for ap- plication for registration on account of, 9438a, 9438b, 9438c. Trading with enemy, 31.15%a–31.15%j. Unlawful taking of vessel out of port, 10182g, 10514a–105.14d. Vessels in ports of United States in time of, regulation, 9959%a–9959%d, 10514a- 105.14d. Withholding clearance to vessels, 10182a, 10182b, 101826, 10514a–105.14d. WARDENS Penitentiary for District of Columbia, re- port, 3340. United States prisons, 10555. WAR, HDIEPARTMENT See Army Departments : General Staff Corps ; Judge-Advocate-Gener- al’s Department ; Ordnance ; Public Contracts : Record and Pension Of- fice ; Secretary of War; Soldiers’ PIO777, e. - - Auditor for, see Alºuditors. General provisions relating to, 311-335. Applicable to all Executive Depart- ments, 232-283. h ene- . WAR DEPARTMENT (Cont'd) Accounts, examination and settlement of by Auditor, 419, 420, 431, 446-454. How to be kept, 454. Adjutant General’s Office and Record and Pension Office consolidated, 1766. Advertisement for supplies for Quarter- master’s Department, 6845. Appropriations, expenses of vessels, etc., of lighthouse service transferred to, 8459a. Permanent appropriations, 6799 (33, 34). Report of unexpended balance, 332. Arms for departments to protect public property,’ 3093. Attorney-General, red to, 531. Auditor for, 416–471. Settlement of claims for damages to private property from military oper- ations, 335a. Battle flags, collector and care of by Secretary of War, 320. ** Bids for contracts under, 6843. Books, records, etc., custody and charge of by Secretary, 319. Branch printing office abolished, 6987a. Bureaus, accounts with other depart- ments, payments by disbursing of- ficers, 6622a, 6622b, 6752a, 6752b. Detail of clerks and employés at head quarters or divisions of armies, etc., prohibited, 316, 317. Encroachment upon by general Staff corps, forfeiture of pay and allow- ances, 1762a. - Insular affairs, 345–348. Militia, chief assistants, detail of na- tional guard officers, 3074b. Chief of, ex officio member of gen- eral staff, 3074b. Supervision of secretary of war, 3074b. Title changed to from militia di- vision, 3074b. Ordnance transfers or sales, payment, 3.108. Procurement of stores, etc., by one bureau for another, etc., 6772a. Charts of northwestern lakes, sale to navigators, 328. Chief clerks, assistant, designation to sign official papers, 315a. - Salary, 314. Signature to papers during temporary absence of Secretary of War, 315, legal questions refer- 315a. Clerks and employés, detail to general staff, - Headquarters of tactical divisions, etc., not to be assigned to duty # bureaus of department, 316, 317. 317, Appendix p. 1737. Coast and Geodetic Survey, transfer to, in time of national emergency, 8562a- 8562f. Contingent expenses, annual statement of expenditures for, 333. Details, assistant engineers, 1841. Clerks and employés at headquarters of division of armies, etc., pro- hibited, 317, Appendix p. 1737. Disbursing clerk, 314 Discharge from army, certificate of, in true name of person enlisting, 325, 326. Documents allotted to, Official Register, 7092. Pamphlet copies of statutes, 7071. Statutes at Large, 7072. Establishment, 311. General staff corps, encroachment On work of department, forfeiture of pay and allowances, 1762a. ... * General staff, detail of clerks and em- ployés to or from Department, 316. Inferior officers, appointment, 314. Powers on vacancy in office of prin- cipal officer, 314. Lighthouse service, transfer of vessels, equipment, etc., during national emer- gency, 8459a. Medal of honor roll, 1941a–1941e. Military academy, supervision of, 2255. WAR DEPARTMENT (Cont'd) Military aeronautics office, appointment to Advisory Committee for aeronautics, 31.15i. Military prison at Fort Leavenworth, re- turned to, 10562. Transferred to Department of Justice, 10561. Military records, 336-344. Military Secretary’s Office, 1766. To be known as Adjutant General’s Office, 1769. Money appropriated for, how drawn, 6746. Naval officers may be detailed for service in, 2609. Naval ordnance, transfer to, 3092a, Ap- pendix p. º Officers, commissions, 3250. Officers detailed in, administration of oaths to settlement of army officers’ ac- counts, 327. Offices, bureaus, etc., transferred to De- partment of Commerce by President, 860. Payment by disbursing officers, for trans- actions, Engineer Department, 6622a. Military Academy, 6752b. Signal corps, 6752a. Pensions, aid to army nurses in establish- ing claim, 9071. Permit to introduce intoxicating liquors into Indian Čountry as to defense for prosecution for, 4136a, 4137. Property belonging to Freedmen’s Hospi- tal to be transferred to Interior De- partment, 3975. Property of, custody and charge of by Secretary, 319. Proposals and contracts for work, mate- rials, etc., to be separate, 6858. - Purchases of steel by, 6861. Quartermaster General, Commissary Gen- eral and Paymaster General, establish- ments consolidated, 1779. Records, burial of soldiers, 9372. Recovery from guarantor of and default- ing contractor, 6843. - - Regulations of President for public build- ings and grounds prescribed througly, 3308. Report and pension office of, 336. Reports of expenditures, 393. Sales, stores for militia, 3069. Subsistence supplies, 1961. Subsistence and supplies, purchase and transportation of, 321. Tests of Iron and Steel, number of copies, distribution, 7083. Transcript of books, etc., of treasury, evidence and proofs in suits involving accounts of, 1498. Transportation of officers by army trans- port service, 1976. Troops, etc., control of transportation of by secretary, 322. Vessels, etc., lighthouse service, trans- fer to during national emergency, 8459a. Transfer to United States Shipping Board, 8146cc. - Washington aqueduct, regulations pre- scribed by President through, 3312. WAREHOUSE ACT See Grain, Standards. Text of act, 87.47%-8747%pp. WAREHOUSE BOORS To be kept by store-keeper under the internal revenue, 6081. gº WAREHOUSES See Bonded Warehouses ; Works. Acquisition by United States of Ware- houses of certain corporations, 3115.jj. Agricultural products, amendment, right reserved, 87.47% pp. Appropriation, 87.47%OO. Bonds, applicant for license, 8747%.C. Applicant for license, Suit upon by injured party, 87.47%.cc. Persons operating state Warehouse, 8747%dd. Sºmelting GENERAL INDEX [References are to sections, except where otherwise indicated.] WAREHOUSES (Cont'd) Agricultural products (Cont'd) Cancellation of receipts upon delivery of products, 87.47%k. Charges, exorbitant, revocation or Sus- pension of licenses, 87.47%ll. Classification, 8747%aa. Compliance with Act, necessity, 87.47% kk. Cooperation With state officials, 874.7% nn. Definitions, 87.47%a. Delivery of products, receipt, 87.47%k. Duty and conditions of, 87.47%jj. Delivery to depositor or holder of re- ceipt, 87.47%jj. Deposit in warehouse, subject to terms of act, 87.47%g. - cancellation of Designation as bonded warehouse, 8747%d. - Discrimination in storage prohibited, 8747%ff. Duties of warehousemen, Secretary of Agriculture may prescribe, 87.47%aa. Employés, appropriation, salaries, etc., 87.47% oo. Examination of, 87.47%l. Books, papers, etc., of warehouse- men, 87.47% mm. Failure to perform duties, publications of findings, 87.47% l. Fees, inspection, issuance of licenses, etc., 87.47%.e. Findings of failure' to perform duties, 8747% l. Grading fungible products, necessity, 8747%gg. Hearing, licenses, revocation or sus- pension, 8747%ll. Publication of findings of failure to perform duty, 8747%l. Inspection, 87.47%aa. Fees, 87.47% ee. Fungible products, 8747%gg. - Investigation regarding Storage, grad- necessity, ing, ... etc., of, 8747%aa. Lº. 1I]. tºrritºrs, District of Colum- la, etc., not affected b act, 8747%mn. y Liability of warehousemen mingled products, 8747%h. Licenses, additional bond, 87.4734c. Alteration, forgery, etc., penalty, 8747%.o. Bond, conditions, form, sureties, etc., 87.47%g. Conditions precedent to issuance, 8747%b. Fees_for issuance and renewal, 8747%.e. Grading or weighing, issuance, 874.7% ee. Qualifications' of licensee, 8747% ee. Revocation, 87.47%f. Suspension, 87.47%f. Issuange, 87.47%b. State warehouses, 87.47%dd. Publication of list, 87.47%m. Renewal, 87.47%bb. Revocation, 87.47%ll. Failure to give additional bond, 8747%.c. Suspension, 87.47%ll. Failure to give additional bond, 87.47% c. Term, 87.47%bb. Mingling prohibited with certain ex- ceptions, 87.47%h. Offenses and penalties, designating warehouse as bonded contrary to fact, 87.47%d. Receipts, issuance without actual storage, 87.47%hh. Partial invalidity of act, effect, 8747%p. Publication, findings of, Secretary of Agriculture, 87.47%l. Licensed or bonded Warehouses, list of, 87.47%m. Licenses, list of, 87.47%m. Results of investigations regarding storage, grading, etc., 87.47%.m. Receipts, cancellation upon delivery of products, 87.47%k. Contents, 87.47%i. [Page 2375] WAREHOUSES (Cont'd) - Agricultural products (Cont'd) Receipts (Cont'd) : False issuance, penalty, 87.47% o. ISSuance, 87.47%hh. By persons operating warehouse, 87.47%dd. Without actual storage pro- hibited, 8747%hh. Original receipt 8747%j. Record of, 87.47%kk. Reception without discrimination re- quired, 87.47%ff. Records, duty to keep, 8747%kk. Regulations, duplicate receipts, 87.47%j. Licenses, 87.47%dd. Power. to make, 87.47% n. Rent, appropriation for, 87.47% oo. Repeal, right reserved, 87.47% pp. Reports to Secretary of Agriculture, State Outstanding, 8747%kk. Standards, establishment and adoption, 87.47%ii. State laws unaffected by Act, 87.47%.nn. State officials, cooperation with, 8747%mn. - State warehouses, licensing, 87.47%dd. Storage, subject to terms of act, 8747%g. Title of act, 87.47%. Enemy aliens not to approach within one hundred yards of, 7615. Imports, abatement of duties for damage to merchandise in, 5676-5677. On boundary lines of United States, persons depositing, etc., mer- chandise in, punishment, 5820. Search for dutiable goods, 5819. Contract for cartage, 5684. Deposit of goods for failure to pay gºes upon entry for warehouse, 5648. Deposit of imported liquors, 5650. Deposit of merchandise, option of owner, 5646. Want of invoice, 5647. - Withdrawn Drawback, merchandise from warehouse not entitled to, 5664 Upon g exportation, 5663. Goods incompletely entered stored in, 5 Lease, by customs officers, limitation, 5641. Restrictions, 5639. By Secretary of Treasury for un- claimed goods, 5638. Liens upon for freight charges, 5667. Maintenance for receipt of goods for the Indian service, places designat- ed, 4050. Merchandise at risk of owner, 5645. Merchandise fraudulently removed from, 5680. Obliteration of marks, penalty, 5678. Opening warehouse by importer or proprietor fraudulently, 5679. Regulations by secretary of treasury, 5682, 5683. e Reports of merchandise in or . With- drawn from, 884, 885, 887, 5681. Sale of abandoned merchandise, dis- tribution of proceeds, 5658. Sale of goods, perishable and explosive articles, 5661. tº _ _ _ & Sale when liable to depreciation, 5662. Storage of unclaimed merchandise, 5649. Use of leased warehouse, 5640. Vessels of war to purchase supplies from free of duty, 5668. Withdrawal, for consumption, 5656. For exportation or trans-shipment, For exportation to Mexico, 5687– 5689 Manner, 5666. Permit for exportation, 5665. Investigation of explosions and fires in, 31.15%jj, 31.15%k. Panama, Canal, 10042. Quarantine, deposit and removal of goods, 9153. Erection at, 9152. “Shipyard” includes, 8146t. WAR EMERGENCY SERVICES º Appropriation for, 31.15% a, Appendix p. 1772. WAR FINANCE CORPORATION Advances, to banks, bankers or trust companies, 31.15%dd. False statement by applicants, 31.15%j. WAR. FINANCE GORPORATION (Cont'd) Advances (Cont'd) - To persons, firms, Corporations, etc., 31.15%ee, 31.15%f. Reports of, 31.15%k. To Savings banks, banking tions, or trust companies, Amendment, etc., of act, 31.15%q. Authorization to commence business, 31.15%h. Bank depositaries, federal reserve banks as, 311.5%hh. institu- 31.15%.e. Bonds, amount, 31.15%g. Bonds, discount by Federal Reserve Banks of obligations of member banks Secured by bonds of, 31.15%gg. Exemption from taxation, 31.15%i. Interest, 31.15%g. Issuance payable in foreign money, 31.15%g. ISSue, etc., 31.15%g. Payable in foreign money, exemption #;" taxation, 6829lll, Appendix, p. Report of, 31.15%k. Sale, 31.15%g. & * United States not liable for, 31.15%ii. Branch offices, 31.15% co. By-laws, 31.15%d. - Capital stock, amount, 31.15%aa. Purchase by United States, appropria- tion for, 31.15%aa. Report of amount paid in, 31.15%k. Corporate powers, 31.15%d. Corporate succession, 31.15%a. Directors, 31.15%a. * Interest as bar to participation in proceedings of corporation, 31.15%b. Oath of office, 31.15%b. Office, 31.15% co. Quorum, 31.15%b. Removal from office, 31.15%b. Salaries, 31.15%;c. Terms of office, 31.15%b. Vacancies in office of, 31.15%b. Liquidation, 31.15%hh. Net earnings, reserve fund constituted from, 31.15%hh. } Offenses, punishment, 31.15% o, 31.15%j. Officers, employés, etc., 31.15%d. Partial invalidity of act, 31.15%p. Persons composing, 31.15%a. Purchase, etc., of bonds of United States, 31.15%ff. Reports, 31.15%k. * Reserve fund, constituted from net earn- ings, 31.15%hh. Investment, 31.15%hh. Seal, 31.15%d. Securities, defined, 31.15%pp. Short title of act, 31.15%qq. Termination. Of Corporate 31.15%a. WAR OF 1812 Admission of soldiers serving in to na- tional Soldiers’ Home, 92.13, 9225. Bounty lands, 4830–4836. For certain soldiers of, their widows or children, 4830. Warrants for, how located, 4828, 4829. Militia and volunteers, 4833. Patents to heirs of officers or soldiers, existence, etc., Certificate of discharge in lieu of lost or destroyed certificate, 620. Military records of, 337–339, 341. Naval records, custody of, 618. , * Officers and soldiers who served in, enti- tled to benefits of National Home for Disabled Volunteer Soldiers, 9260, 9264a. Pensions to soldiers and sailors, and their widows, 9047, 9052-9057. WAR PROFITS TAX See Ea:cess Profits Taac. WARRANTIES Bills of lading, mortgage or pledge of bill, ,8604rr. Transfer by negotiation or indorse- ment, 860400. WARRANT OFFHCERS Coast Guard, 8459%a (2). Marine Corps, temporary appointments as commissionéd officers, 2483h, Appen- dix p. 1761. Navy, 2555. Allowances of heat and light, 2851a. Appointment and number, 2554. Chief warrant officers, temporary ap- pointment, 2554aa, Appendix p. 1763. Clerks to assistant paymasters, addi- tional, 2554b. GENERAL INDEX WARRANT OFFICERS (Cont'd) Navy (Cont'd) - Copy of regulations to be furnished to, 2806. Leave of absence, 2614a. Machinists, 2556a. - Marine gunners, additional, 2554b. Pay, 2816, 2831. Retired chief 28958. Retired warrant officers, 2895b. Shore duty, 2559a. * Preference to honorably discharged apprentiges, appointment, 2570. Promotion of seamen, 2559. Not to discharge from enlistment, Warrant Officers, 2561. Punishments by order of commander, 2985 Quartermasters clerks, additional, 2554b. Storekeepers on foreign stations, 2610. Temporary appointments, 2554a. 2554a, Appendix p. 1762 As Commissioned officers, Appendix p. 1761. WARRANTS See Alias Warrants ; Land Warrants : Military Bownty Land Warra?vts. Arrest, Chinese unlawfully in United States, 4313. Complaint attached, 1678. 2483h, cº-martial naval militia, 3078a. (50). Foreign seamen in case of dispute, 7629, 7630. & Insane persons in District of Colum- bia, 9334, 9335. Offenders in certain foreign countries by ministers and consuls of United States, 7637. Person admitted to bail because of its insufficiency, 1683. Porto Rico, 3803a.a. Violation of liquor laws in Alaska, 3643 j, 3643jj. Violations of Chinese Exclusion Act, 4334 Violations of internal revenue laws, 1677. Arrest, or in rem in admiralty, marshal to stay, or release from, On bond, etc., 1567. Attachments against property of default- ing or delinquent postmasters, contrac- tors, etc., of Post-Office Department, 1550–1552. Attorney to receive payment of claim on United States not valid unless, etc., 6383. Civil rights cases, how executed, 3937, copy of, to be delivered to sheriff or jail- er as authority, etc., original returned, Deportation of aliens, 4289%jj. Seamen unlawfully landed, 4289%.S. Distress warrants against delinquent col- lectors, etc., 6624–6637. Evidence on hearings for extradition of foreign fugitives from justice, 10111, 101.16. Fees of marshals, 1386. Fees of United States Commissioners, 1451. Tnternal revenue laws, fees on warrants in prosecutions, 1389. Only one necessary, in case of several charges or indictments against Same person, 1693, Payment of appropriations for charita- ble, etc., purposes, 6669. Thilippines, 3810. Possession of property of bankrupt, 9653. Removal of, offender and witnesses to dis- trict where offense to be tried, 1674. Prisoner from one district to another, Prisoners from Philippine Islands, 1675. t Retaking paroled prisoners, 10538–10540. Search by customs officers, 5769. §earches and seizures, arms, munitions, etc., intended for export, 7678e. In District of Columbia, 34.21%ff. In Porto Rico, 3803a.a. Requisites (Const. am. 4). t Search warrants, 1049674a–10496%v. Vºon of liquor laws in Alaska, J. Search for obscene matter and lottery tickets unlawfully imported, 1. What to be set forth in, where several charges are made or indictments found against the same person, 1693. [Page 2376I [References are to sections, except where otherwise WAR REVENUE ACTS See Internal Revenue and cross-refer- ences therewºvder. - Text of act, 5980, 6111, 6112, 61.14, 61.14f, 6115, 6118, 6119, 6122, 6144, 6174, 6258–6270, 6479, 6824. | WAR REVENUE STAMIPS Adjustment of claims of postmasters for losses by burglary and fire, 72.11a, Ap- pendix p. 1785. WAR RISK INSURANCE Actions on claims for losses, 514e. 514e, Appendix p. 1738 Attorney’s fees, 514kk. Judgment, 514kk. Jurisdiction, 514kk. Right to sue, 514kk. * Allotments and family allowances, appor- tionment between members of class- eS A and B, 514pppp. Article applicable to military and naval forces, 514nnnn. 514nnnn, Appendix p. 1739. Assignment prohibited, 514nn.nº/A, Ap- pendix p. 1739. Compulsory allotments, amount, 5140. 5140, Appendix p. 1739. Definitions, 514 mmm. 514 mmm, Appendix p. 1738. Deposit of unallotted pay to credit of enlisted men, 514000. 514000, Appendix p. 1740. Interest, 514ooo. 5140oo, Appendix p. 1740. Payment of principal and interest, 514ooo. 514Ooo, Appendix p. 1740. Exemptions from claims of -creditor, 514 nm nº.4, Appendix p. 1739. Family allowances, amounts, 514oooo, 514pp. sºooºº. 514pp, Appendix P. 40. - Agºnts payable to divorced wife, Compulsory allotment prerequisite º payment of members of class Conditions prerequisite to payment to members of class B, 514pp. 514pp, Appendix p. 1740. Limitations on amounts payable to members of class B, 514ppp. Payment, 514Oooo. & 5140ooo, Appendix p. 1740. Fraudulently obtained or received, punishment, 514mnnºá, Appendix p. 1739. Investigations as to, 514qq. 14qq, Appendix p. 1740. Payment of allotments to Treasury Department for distribution, etc., 5.14d. Voluntary allotments, 5140. 5140, Appendix p. 1739. Amounts, 51400. Regulations, 51400. Appropriations, annual estimate, 514l. Military and naval compensation, pay- ments from, 514llll. Military and naval family allowance, payments from, 514lll. Military and naval insurance, pay- ments from, 514m. Premiums credited to, 514m. Payment of expenses, 514h, 514ll. Payment of losses, 514g. Premiums, 5.14c. Salvage proceeds, 5.14c. Attorneys, compensation, 514kk. Bureau of, actuaries, 514kkk. Adjusters, 514e. 514e, Appendix p. 1738. Advisory board, compensation, 514kkk. 514e, Appendix p. 1738. Establishment, 514e, 514kkk. 514e, Appendix p. 1738. Powers and duties, 514e, 514kkk. 514e, Appendix p. 1738. Application for benefits of act re- lating to life insurance on lives of persons in military service filed with, 3078%gg. Clerks, 514kkk. Collection of élaims against, services of claim agents or attorneys, COm- pensation, 514ee, 514kk. Consent to dividends, loans, or settle- ment of insurance policies, 3078%m. Deputies, 514kkk. 514e, indicated.] WAR RISK INSURANCE (Cont'd) Bureau of (Cont'd) Directºr general powers and duties, kk. Payment of claims for losses, 514f. Regulations, 514kk. Salary, 514a. Division of Marine and Seamen’s In- Surall Ce, Commissioner, Salary, 514a. Division of Military and Naval Insur- ance, Commissioner, salary, 514a. Divisions, deputies, etc., 514kkk. Regulations, 514kk. Rules respecting procedure, 514kk. Duties of, 514b. Employés, 514kkk. Civil service, rules, 514ll. Establishment, 514a. Explanation of provisions of act re- lating to insurance on lives of per- Sons in military service, 30.78%gg. Fees, 514ll. Information, etc., by to persons military or naval service, 514n. Information, etc., from officials, etc., of United States and states, 514kkkk. Lists of persons in military service making application for benefits of act relating to life insurance, 3078%i. Oaths, administration of by director, etc., 514kkkk. Record of insurance of officers and enlisted men, 514n. Rejection of applications for bene- fits of provisions relating to life insurance, 3078%i, 3078%j. Reports of officials, etc., of United States and states, 514kkkk. Reports to by insurance companies, 3078%k, 30.78%ll. Review of awards for death or dis- ability, 514rrrr. Salaries, 514ll. • Surgeons of Army and Navy, ices of, 514kkk. Vocational rehabilitation, powers and #es. 3078%a-3078%i, Appendix p. Witnesses, mileage, 514kkkk. in Serv- Subpoenas, etc., 514kkkk. Disobedience, c on te m p t, 514kkkk. Claim agents, compensation, 514ee, 514kk. Claimants, marriage of, proof, 514mmm. 514 mmm, Appendix p. 1738. Compensation for death or disability, army or navy nurse corps, com- pensation of members of in lieu Of compensation provided by act of 1916, c. 548, 514ttt. 514ttt, Appendix p. 1742. - Assignment of prohibited, 514tt. *4. 514tt, Appendix pp. 1739, ASSignment to United States by per- Sons receiving compensation of right of action against third per- ‘sons, 514tttt. 514tttt, Appendix p. 1742. Death, amounts, 514qqqq. * 514qqqq}%, Appendix p. 741. Apportionment, 514qqqq. 514qqqq, 514qqqq}%, Appendix p. 1741. None for death inflicted as lawful punishment, 5.14sss. Official record of as prerequisite to payment, 514SS. When and for how long payable, 514qqqq. Definitions, 514 mmm. 514 mmm, Appendix p. 1738. Disability, amounts, 514 r. 514r, Appendix p. 1741. Awards, review of, 514rrrr. Enlistments in military or naval Service of persons unable to follow gainful occupations, pay, 514rrr. 514rrr, Appendix p. 1742. Examination of persons receiving, 514rr. Injured persons to follow Course of reeducation, etc., 514rrr. 514 rrr, Appendix p. 1742. Medical, etc., services, 514r. Submission to medical, etc., treat- ment, 514rr. Suspension of payments, 514rrr. Discharge from service, effect, 514nnn!/2, Appendix p. 1739. GENERAL INDEX [Page 2377 I [References are to sections, except where otherwise WAR RISK INSURANCE (Cont'd) Compensation for death or disability (Cont'd) Dismissal or dishonorable discharge, effect of on right to, 514sss. Exemptions, claims of creditors, 514nn.nº/, Appendix p. 1739. Taxation, etc., 514tt. 514tt, Appendix p. 1742. Fraudulently obtaining or receiving of payments, punishment, 514nn.nº/3, Appendix p. 1739. Limitation of time for payment or compensation, or increased compen- sººn prior to date of filing claim, 14t. Pension laws, etc., when not appli- cable, 514ttt. - 514ttt, Appendix p. 1742. Persons reported missing, 514SS. Service or retirement pay, persons receiving not entitled to, 514ttt. 514ttt, Appendix p. 1742. & Time of filing claim as affecting right to, 514ssss. Time of occurrence of, as affecting right to, 5.14s. Vocational training, 514rrr. To whom payable, 514qqq. 514qqq, Appendix p. 1741. Willful misconduct, 514qqq. Compromise of claims by Secretary of Treasury, 514e, Appendix p. 1738. Definitions, brother, 514 mmm. 14mmm, Appendix p. 1738. Child, 514 mmm. 514mmm, Appendix p. 1738. Commissioned officer, 514 mmm. 514 mmm, Appendix p. 1738 . Commissioner, 514 mmm. 514mmm, Appendix p. 1738. Enlisted man, 514 mmm. 514 mmm, Appendix p. 1738. Enlistment, 514 mmm. 514 mmm, Appendix p. 1738. Grandchild, 514mm.m. 514mmm, Appendix p. 1738. Injury, 514 mmm. - 514 mmm, Appendix p. 1738. Man, 514 mmm. - 514mmm, Appendix p. 1738. Military or naval forces, 514mm.m. 514mmm, Appendix p. 1738. Parent, 514 mmm. 514 mmm, Appendix p. 1738. Pay, 514mm.m. { 514 mmm, Appendix p. 1788. Sister, 514mmm. 514 mmm, Appendix p. 1738. Widow, 514qqqq. Evidence, etc., 514kk. False statements in 514nn. Punishment, 514nn. Foreign insurance companies, 31.15%bb. Fraudulent acceptance of payments, pun- ishment, 514nnn. Fraudulent obtaining or receiving of pay- ments, punishment, 514nnn}}, Appendix p. 1739. Incompetents, to 514 mm mm. Insurance, amount of, 514u. Application for, 514 ulluº?. Time for making, 514 ull. 514 uu%, Appendix p. 1742. Assignment prohibited, 514nn.nº/, Ap- pendix p. 1739. Beneficiaries, 514 uuu. 514uuu, Appendix p. 1743. Change of, 514uuu. 514uuu, Appendix p. 1743. Designation of, 514 ullu%. $ Contracts, terms and conditions, pub- lication, 514uuu. 514uuu, Appendix p. 1743. Definitions, 514 mmm. - 514 mmm, Appendix p. 1738. claims, perjury, payment guardians, Discharge from service, effect, 514mmn}, Appendix p. 1739. Excess disability cost due to War hazards borne by United States, 514 y. Excess mortality cost due to War hazards borne by United States, 514v. Expense of administration borne by United States, 514v. Extension of time for application for, 514 uu%. Forms of policies, 5.14c, 514v.v. WAR RISK INSURANCE (Cont'd) Insurance (Cont'd) Fraudulently obtaining or receiving of, punishment, 514nnnºg, Appendix p. 1739. Masters, officers and crews of Ameri- can vessels, 514b. Amounts, 5.14cc. Duties of owners, 5.14cc. Insurance by bureau, 5.14ccc. Insurance by bureau, premiums, 514CCC. Masters, officers and crews of foreign #ºndly vessels, 514b%, Appendix p. Non-assignable, 514 uuu. 514uuu, Appendix p. 1743. Not subject to claims of creditors, 514 uuu. 514nn.nº/, 514uuu, 1739, 1743. Payments, 514f. . Installments, 514 uuu. 514uuu, Appendix p. 1743. Where no beneficiaries, 514uuu. 514 uuu, Appendix p. 1743. Persons deemed to have applied for in certain amount, 514uu. 514 uu, 514 uu%, Appendix p. 1742. Premium rates, 5.14c, 514v. Vessels, freight, cargo, etc., 514b. Form of policy, 5.14c. Appendix pp. pro- Premiums, disposition of ceeds of, 5.14c. Rates, 5.14c. Salvage, disposition of, 5.14c. Vessels, freight, cargo, etc., of for- eign friendly flags, 514b%, Appen- dix p. 1738. Losses, appropriation for payment of, 514g. s tº Payment of claims, 514f, 514uuu. Marriage of claimants, evidence 514 mmm. 514mmm, Appendix p. 1738. Military and naval compensation appro- priation payments from, 514llll. Military and naval family allowance ap- propriation, payments from, 514lll. Military and naval insurance appropria- tion, payments from, 514m. Premiums credited to, 514m. Military and naval pay deposit fund, constitution of, 514mm. . Payments from, 514mm. Minors, payments to, 514 mm mm. Proofs of loss, 514kk. Regulations, 5.14d, 514kk. Re-insurance, American vessels, etc., with government of allied countries, of, how made, 514bb. Vessels, etc., of foreign friendly flags, etc., 514bb. Sections 2–7 applicable only to Division of Marine and Seamen’s Insurance, 514k. Statement of receipts and expenditures to Congress, 514.j. Suspension of act, 514i. 514i, Appendix p. 1738. Time of taking effect of certain provi- sions, 514qq}%, Appendix p. 1740. TJnlawful charges, 514kk. WAR, RISK INSURANCE ACTS See War Risk: Insura/rºce. Text of act, 514a–514v.v. WAR, SAVINGS CERTIFICATES Amount, 6829l. Amount of individual purchase, 68291. Appropriation to pay expenses of is- sues, etc., 6829n. | Authority to issue, 6829l. Circulation privileges, 6829]l. Conditions, 6829l. Fiscal agents, 6829m (%), Appendix p. 1783. Form, 68291. - Interest, discount, 6829l. Issue, 6829l. Maturity, 68291. Payment, 68291. Performance of services by postal em- ployés, 6829mm. Redemption, 6829l. Stamps to evidence payment on account of, 68297. WAR SAVINGS STAMIPS Adjustment of claims of postmasters for losses by burglary and fire, 72.11a, Ap- pendix p. 1785. Conversion into other forms, 514v.v. Issuance, terms, and conditions, 6829l. Deposit of proceeds in banks, etc., 6829m. indicated.] WAR SUPPLIES Sale of, 6941aa, Appendix p. 1784. WASHINGTON Deputy district clerks, 1103. Desert lands, sale, 4676. District attorney, 1358, 1370, 1371. District clerks, 1103, 1406a. District court, jurisdiction of prosecutions relating to fur-bearing animals in Alaska, 8851. Jurisdiction of prosecutions relating to fur Seal and sea otter, 8845. Terms, 1103. District judges, 1358. Western district, 968. Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Forest reservations, creation except by acts of Congress prohibited, 4524. Indian reservations included in judicial districts, 1103. Judicial districts, 1103, 1358. Jurors, fees and mileage, 1453. Marshals, 1358, 1370, 1371, 1406a. National forest, creation and addition by act of congress, 5135. Pº lands, preference right of selection etc., Reclamation of arid lands by United States, 4700–4708. Registers and receivers, Imissions, 4473. Survey of lands granted to, 4876. sº of public lands, compensation, fees and com- Surveyor-general for, 4435, 4439. Salary, 4439. Timber cutting for certain purposes on public lands, 4992. Witnesses, fees and mileage, 1453. WASHINGTON AQUEDUCT Appeals from decisions of Chief of En- gineers, 3323. Appropriations for, expended how, 3313. Chief of Engineers to have charge of, 3311, 3312, 3322. Malicious breaking, etc., alty, 33.15. Malicious contaminating of water, penal- ty, 3318. - Pipes for public buildings, expense dis- tributed between United States and Dis- trict of Columbia, 3316. Record of lands and property, 3321. Reports of Chief of Engineers, 3327. Tapping or opening pipes, mains, penalty, 3314. Traffic regulations on protection of, 3322a. WASHINGTON MONUMENT Advertisements and sales around, forbid- den, 3348. - Fish ponds, control transferred, 3349. Report upon care and maintenance of, number of copies, etc., 7100. tº: grounds as playgrounds authorized, of pipes, pen- etc., Conduit Road for WASHINGTON'S BHRTHEPAY H#y in government printing office, Holiday within act authorizing Compensa- tory time to post office clerks and let- ter carriers, 7239a. WASTE Gold leaf, etc., in government printing office, 6985. nº hospital, sale of waste material, Lands, not to be surveyed, 4818. Necessaries, 31.15%ff. Paperºxaminers in post-offices, salaries, Money derived from sale of certain, % be deposited as postal revenue, Post-Office Department, sale, 607. Sale by officer of Senate and House of Representatives, 116. * Unaccepted bids for carrying mails, disposal of, 7435. Soldiers, penalty for, 2308a, art. 89. Unserviceable books in government print- ing office library, sale, 7005. Wastage in silver coinage at mint, 6473. What allowed in Settlement as neces- sary, 6509. Water on Hot Springs Reservation, 5253. Wind Cave National Park, 5236. WATCH Steam vessels, limitation of watch duty of deck officers, penalty, 8227. Number of, 8226. GENERAL INDEX [Page 2378] [References are to sections, except where otherwise indicated.] WATCH (Cont'd) Vessels, requirements as to performance of work, 8363b. WATCHES, CLOCKS, ETC. Customs duties on, 52910161). Shipper of to notify carrier, etc., 8019. WATCHMEN Agricultural Department, powers and du- ties, 834. Bureau of Standards, salary, 925. Census office, 913. Additional during census period, 918. Coast and Geodetic Survey, salaries. 8561a. District of Columbia, arrests for depreda- tions on capitol grounds, 3401. Executive Departments, authority to em- ploy, 248. -- Employment only as specifically ap- propriated for, 249, 250. First and second class post offices, hours of labor, 7238b, Appendix p. 1785. Government printing office, salaries, 6983. Interior Department, 669. Library of congress, employment by Su-. perintendent of library building and grounds, 134. Offices of assistant treasurers, 6591-6601. Postal service, holidays, 7239c. Post-Office Department, 572. Public buildings and grounds, medical at- tendance for, 3339. Powers, 3338. Reports in estimates, 6695. Steam passenger vessels to carry, penalty for failure to keep, 8247-8248. Territorial legislative assembly, 3451. WATCHIWORD Army, disclosure, 2308a, art. 77. WATER, Agºnce to merchant 3. Appropriations for, availability for use in temporary rented quarters, 6934. Gauges, lower Mississippi River and trib- utaries, 9856. Supply, public buildings and grounds, supply for, 3311, 3316, 3317. WATER POWER, See Dams. WATERS AND WATER, COURSES See Canals : Dams : Floods ; Gauging ; Great Lakes ; Lakes ; Navigable Wa- ters ; Rivers and Harbors. General provisions, 9976-9992. Alaska, miners regulations, 5050. Appropriation for mining, for reclamation of desert lands, 4674. Barren River, Ky., leasing of, 9.987. Certificates, reservation of lien, 4729, 4732a. Certificates to purchasers on reclamation projects, 4728, 4732a. Cities and towns under irrigation projects, seamen, 8392, Contracts for excess storage, etc., under reclamation law, 4738. Cumberland River, leasing, etc., of, 9988. Dams, 9976–9992. Extent of right to use waters under rec- lamation act, 4707 Green River, Ky., leasing of, 9.987. Homestead entries in Black Hills Nation- al Forest, riparian rights accepted, 5166. Subject to appropriations, 5166. Interstate streams not affected by rec- lamation act, 4707. Irrigation of desert lands granted to States, 4685 (2). Irrigation works for storage, diversion, etc., 4701. Land fronts on public lands, how survey- ed and lots sold, 4819. Leasing, 9986–9991. Hot Springs Reservation, 5251-5253. Surplus under irrigation projects, 4719, Limitation of land under reclamation acts, 4739. Mississippi River, St. Paul to Minneapo- lis project, 99.91. Modification of applications under rec- lamation act, 4.737. Muskingum River, Ohio, leasing of, 9986. National forests, use of, 5132. Navigable waters, 9836–9862. Notation by surveyors, 4803. Obstruction of navigable waters, 99.10- Philippines, right to use, 3829. º National Park, regulations, 5243, services on Sundays Or. WATERS AND WATER COURSES (Cont'd) Porto Rico, controlled by Porto Rican Government, 3760. Post roads, 7456. Purchase of lands, abutting on for trade or manufacture, 5091. Rents, lots in Hot Springs Reservation, 5251–5254. Reservation from stock raising home- Stead, entries of lands containing water holes, 4587 j. -. Residence and cultivation of homestead lands in Utah without water supply for domestic use, 4568. Restrictions on use under contracts for eXceSS Storage, etc., under reclamation act, 4738. Rights, agents to receive payment, 4731, 4732a. For mining, agricultural, and manu- facturing purposes to be protected, 4647, 4648. Patents under timber and stone lands . . act subject to, 4671. - Rishºt Way, across forest reserves, For canals or reservoirs, 4943. e Through public lands, etc., River and harbor improvement, to contain data concerning, 9866. St. Mary’s River, 9989. Sale of water rights under reclamation act, 4704. Sheds, investigation of, 9867. Supply, to cities and towns under irriga- | tion projects, 4718. Wabash River at Mount Carmel, Illinois, leasing, etc., of, 9990. Water in public lands propriation, 4674. Water power, 9976-9992. Waterways Commission, 10003%a. Water supply papers of Geological Sur- Vey, restriction upon size and num- ber rescinded, 7104. Size, editions, free distributions, 7104. Waterways Commission, 1000314a. Withdrawal of public lands from set- tlement, etc., and reservation for wa- ter power sites, 4523. WATERWAYS COMMISSION Appropriations, 10003%a. Creation, 10003%a. Employment of engineers, experts, etc., 10003%a. Members, appointment, 10003%a. Eligibility, 10003%a. Number of, 10003%a. Pay and allowances, 10003%a. Powers, 10003%a. Purpose of, 10003%a. Reports, 1000314a. WAYS See Rights of Way. WEA INDIANS Laws relating to allotments in severalty to apply to Wea, Indians in Indian ter- ritory, 4207. WEAPONS Assault with dangerous weapon, 10449. On Indian reservation in South Dako- ta, 10503. Mail custodian, 10367. Possession by alien enemies, 7615. Right to bear (Const. am. 2). Sale of, to natives of certain Pacific is- lands, prohibited, 10481. Use of deadly or dangerous, 10230. Resisting immigration official, 4289141. Resisting revenue officers, etc., 10233. WEARING APPARIEL See Baggage. WEATHER BUREAU Appointment of representative on ad- visory committee for aeronautics, 3115i. Appropriations for, 846. Changes or assignment of duty in force of, 844. Chief, appointment, 842, General duties of, 841. Salary, 841. Civilian duties of Weather Bureau trans- ferred to, 840. Counterfeiting weather forecasts or warn- ings, 10229. Development of in interests of agricul- ture, 846. Employés, appointment, 842. Traveling expenses, 845. Establishment, 840. Estimates for, .846. subject to ap- WEATHER BUREAU (Cont'd) Maps,agharts. bulletins, etc., sale of, Secretary of Agriculture to determine number, 7163. Officers, traveling expenses, 845. Printing office, not affected by consolida- § of department printing offices, Not part of government printing' of— fice, 6987. Public printer may abolish, 6987. Special printing, 845a. Publications of, 848. Rººts, number of copies, distribution, Scientific instruments, loan of for use 1I], Telegrams in, destruction of old, 849. Weather signals on mail cars, 847. WEBB-KENYON ACT See Iºtočicating Liquors. Text of act, 8739. WEEKS I.AW See National Forests. Text of act, 5174–5187. WEIGHTERS - °ºo purchased for public service, 6838– Customs, appointment at ports temporari- ly established in case of insurrec- tion, 10156. Compensation for night service, 5571. Employment by collectors, 5359. Expense of weighing when Weight not stated in invoice, 5618. Extortion, penalty, 5377, 5378. Merchandise gauged or removed from wharf, 5574. Returns of goods weighed, 5582. Sugar casks or boxes to be marked, Superintended by surveyors, 5365. Warehouse act not to limit present laws affecting in territories, District of Co- lumbia, etc., 87.47% nn. WEIGHTS AND MEASURES See Gallon , Tom. General provisions, 8898–8907. Altering scales or weights at mints or assay offices, 10336. - Clothing sent to soldiers by mail, 7365. Collectors of customs to keep, 5359. Commercial reports, terms used, 865. Congress, power to fix standard of (Const. art. 1, § 8, cl. 5). False, penalty for using in ascertaining quantity of distillery material, 6086. Gold and silver bars, 6463. Gold coins, 6448, 6457. . Deviations, 6502. Instruments to be prescribed by Com- missioner of Internal Revenue for measuring spirits, 5983. Invoices of imported merchandise, 5518. Merchant vessels to be provided With, 8360. Metric balances, 7334. Metric system, authorized, 8898. Equivalents, 8899. Minor coins, 6458. -> National Bureau of Standards, accounts, settlement of, 421 Apprentices, promotion, 927a. Chemists, salary, 925. Clerk, 925. g Director, appointment and duties, 926. Salary, 925. Engineer, 925. Establishment, 921. Fees, 929. Function, 922. Laboratory assistant, 925. Materials for use of District of Co- lumbia tested by, 924 Mechanician, 925. Messenger, 925. Office of standards designated as, 921. Officers and employees, 925. Appointment by Secretary of Com- merce, 927 Physicist, salary, 925. Secretary, 925. Service rendered to states nicipalities, 923. Transferred to Department of Com- merce, 857, 859. Visiting committee, 931. Watchman, 925. * Silver coins, 6452, 6453, 6503. Silver dollars, 6453. and mu- GENERAL INDEX IPage 2379] [References are to sections, except where otherwise indicated.] WEIGHTS AND MEASURES (Cont'd) Standards, 8898-8907. Agricultural products, 87.47%ii. Apple barrels, 8733, 8734, 8736, 8737, 8907a, 8907b. Apple grades, 8733. Barrels, fruits, 8907c-8907e. Lime, 8907f–8907k. Brandy, spirits or other liquors, proof of, 52910238). Bushel imports, grain, etc., 52910188, 192, 209), 5615. Climax baskets for grapes, etc., 8907 l- 8907d. Containers; lime, 8907h. Lime, marking, penalties, 8907.j. Small fruit and vegetables, 8907m. District attorney to enforce Act, 8907p. Examination, test, by Depart- ment of Agriculture, 89070. Penalty, 8907n. Fineness of articles, gold, 8806. Silver, 8807. Gauge for sheet and plate iron and steel, 8903–8905. Grain, 87.47%-8747%k. Liquors, proof of, 5291ſ238). For mints and assay offices, procuring, testing, etc., 6520. Paper for public printing and binding, 6957–6962. Power of Congress to fix (Const. art. 1, § 8, cl. 5). Sets, for agricultural colleges, 8900. Repair, 8901. Replacing lost, 8902. Sugar, 52910177). Time, 8907r-8907u. Troy pound to be standard for regula- tion of coinage, 6519, 6520. |Units of electrical measure, 8906. Vinegar, proof, 52910236). Surveyors of customs to test, 5365. Vessels to be provided with, 8360. Wood and coal purchased for public serv- ice in District of Columbia, 6838-6840. WESTERN MIAMI TRIBE Laws relating to allotments in severalty to apply to such tribe in Indian terri- tory, 4207. WESTERN PACIFIC TRAILROAD Settlement of accounts for Army trans- portation, etc., 10062, 10063. Settlement of accounts for Navy and Ma- rine Corps transportation, 10063. WEST POINT See Military Academy. WEST VIRGINIA District attorneys, 1372, 1373. District court terms, 1104. Judicial districts, 1104. Marshals, 1372, 1373. WHALE IFISHETRY Crew list, on clearance of vessel, 8364. On return of vessel, 8367. License of vessel engaged in, form, 8069. Register of licensed or enrolled vessels for, 8088. Slop-chest, not required, 8363. WHALEING WIESSELS Provision as to minimum number of deck officers, mates, etc., not to apply to, 8226. Seamen, act relating to requirements as to performance of Work of watches at Sea, and hours of labor of seamen not applicable to, 8363b. Wages, exemption from attachment, 8325a. WHARVES See Levees ; Piers. -> Acquisition by United States of wharves of certain corporations, 3115.jj. Alaska, government wharf at Sitka, charges for use of, 6929. * Government wharf at Sitka, repairs, 3612a, Appendix p. 1775. Reservation of lands for, 5091. Rights of railroads, 5083. District of Columbia, construction and rental, 3365. e Controlled by commissioners, 3364. Permit for, 9942–9945. Dues, West Point, New York, 2280a. Enemy aliens not to approach within one hundred yards of, 7615. Hawaii, controlled by territorial govern- ment, 3728. Powers of Superintendent of Public Works relating to, 3716. cranberries, etc., 8907h, WHARVES (Cont'd) Panama Canal, 10042. Philippines, constructed by insular gov- ernment, 3821 Plans to be first approved, 9910. Port Arthur, Texas, charges for use of, 5339. Porto Rico, construction, 3799-3803. West Point, New York dues, 2280a. WHEAT See Conservation of Food and Neces- Saºries. Guaranteed price, fixing, etc., 31.15%kk. Importation of seeds adulterated or unfit for seeding, 8744-8747. Purchase, storage sale, by President, 31.15%j. Stimulating production, 31.15%kk. WHIPPING As punishment abolished, 10499. WHISKY See Distilled Spirits and Wines. WHITE ACT See Collision. Collisions on Great Lakes, 7910-7941. WHITE PHOSPHORUS MATCHES Internal revenue tax, affixing insufficient Stamps, 6275. Amount of tax, 6273. Assessment of on matches sold Without Stamps, 6279. Brands, marks, etc., 6282. Definition of, 62.71. Exportation forbidden, 6281. Forfeitures, factory, etc., for evasion of tax, 6277. Matches on exportation, 6281. Recoverable in any court, 6284. Removal, defacement or re-use of stamps, 6276. Unstamped matches, 6274. Violations not otherwise provided for, 6283. Importation forbidden, 6280. Imported, certificate that matches are not white phosphorus matches, 6280. Labels to be placed on packages, 6282. Laws applicable, 6286. Manufacturer, bonds, new sureties, etc., 62.72. Duty to mark, brand, stamp and label, 6282. Evasion of taxes, forfeiture, 6277. Manufacturer, books, 6272. Penalties for violations not other- wise provided for, 6283. Registration with collector, 62.72. Returns, 62.72. Notice to be placed on packages, 6282. orenº affixing insufficient stamps, Evasion of tax by manufacturer, 6277. Failure of manufacturer to place label on packages, 6282. r Fºre to brand, mark or stamp, 2.82. Penalties for violations not other- wise provided for, 6283. Rºyal of labels on packages, 6282. sº etc., unstamped matches, Unlawful exportation, 6281. Packing, method of, 62.73. Penalties, failure to cancel stamps, Recoverable in any court, 6284. Regulations to carry act into effect to be made by commissioner of in- ternal revenue, 6285. Removal, defacement or re-use of Stamps, 6276. Stamps, affixing by manufacturer, 6282. Assessment of tax on when sold without stamps, 6279. Laws applicable to as to destruc- tion, issuance, sale, etc., 62.78. Fºration, accounting for, etc., ſ3. Tax to be paid by, 6273. - Time of taking effect of act, 6287, WHITE PHOSPHORUS MATCHES ACT See White Phosphorus iſ atches. Text of act, 6271-6287. WHITE RIVER, Water gauges and daily observations at Jacksonport, 9856. WHITE-SILAVE LAWS See White Slave Traffic. Text of act, 4244, 4247, 8812-8819. T WHITE SLAVE TRAFFIC General provisions, 8812-8819. Aliens, 8817. Commissioner General of Immigration, Statements to by persons keeping, etc., aliens, 8817 (2, 3). “Foreign Commerce” defined, 8812. Inducing, etc., transportation, punishment, Woman under eighteen, punishment, “Interstate Commerce” defined, 8812. Jurisdiction, 88.16. “Person” defined, 88.18. Statement by person keeping, etc., aliens, 8817(2). Self criminating statement, 8817(3). “Territory” defined, 88.18. Title of act, 8819. Transportation of aliens, 8817. Commissioner General of Immigration, duties, 8817. Procuring ticket, 8813. WHOLESALE DEALERS See Adulterated. Bºtter ; Däställed Spir– its and Wines ; Fermented Liquors ; Filled Cheese ; Oleomargarine ; Rem- ovated Butter; Tobacco. Guaranty under Food and Drugs Act as protection to dealers, 8725. Guaranty under insecticide act as protec- tion to dealers, 8773. WHOLESALE LIQUOR DEALERS See Distilled ISpirits and Wines ; mented Liquors. WICHHTA. NATIONAL FOREST Areas set aside as breeding places for game animals and birds, 5156. etc., punishment, F'er- . Hunting, trapping, etc., Within area. Set aside, penalty, 5160. Local game laws, 5158. WIDOWS See Dower, Pensions. Allowance on death of officer or enlisted men in navy or marine corps, 2870. Bounty lands, 4830, 4831. Entitled to warrants on death. Of claimant, 4856. Subsequent marriage not to impair right, etc., 4836. Civil rights, right of action for benefit of, 3934. Compensation to widow of government employé, 8932ee. Copyrights, renewal of, by, 9544–9545. Diplomatic and consular officers, allow- ance to widow of, 3210. Dower rights not affected by bankrupt- cy, 9592. [Homestead, 4602. Entries, proof of, 4532. Final proof of homestead entries, 4593. Widows of soldiers or sailors, 4602a. Naturalization of widows of aliens dying after declaration of intention, 4352(6). Naval officers or enlisted men, pay, 2868, 2870, 2871. WIDOWS’ PTENSION ACT See Pensions. Text of act, 8983-8985. WILD BIRDS Importation of quills, feathers, etc., for- bidden, 52910347). Preservation, etc., partment, 821. Protection, 8837. WILLFUL AND MALICIOUS INJURIES Discharge in bankruptcy, 9601. WILLS See Estate T'aac. Bequest of copyrights, 9563. Indian lands, allotted in severalty, 4228. Value of property acquired by bequest, devise, etc., exclusive of income, not subject to income tax, 6336d. - WILMINGTON HARBOR, CAHL. San Pedro, California, establishment of lines beyond which the Wharves, etc., cannot be extended, except, 9916. WILMINGTON, N. C. Registry, enrollment or license of vessels by collector of customs at, 8091. WILSON ACT See Collection of Duties on ºnports and Cross-References therentºnder, See Original Packages, by Agricultural De- GENERAL INDEX [References are to sections, except WILSON ACT (Cont'd) Original Packages, 8738. Tariff, 5500, 5549, 5873–5875, 5887, 5895, 5896, 5899, 5974, 5986, 6000, 6012, 6035, 6051, 6058–6065, 6090, 6102, 6112, 6162, 63.10-6318, 6348, 6536, 8831–8835. WIND CAVE NATIONAL PARK Boundaries, 5231. Control, 5232. Establishment, 5231, 5275. Leases, caverns and lands within park, 33. Use of funds arising from rentals, 5234 Regulations, 5232. Relinquishment by settlers in exchange for other lands, 5235. |Unlawful intrusion, 5236. Violation of regulations, 5236. Waste, 5236. WINES (See Distilled Spirits ; Fermented Liq- QM, OTS. WINE SPIRITS See Distilled Spirits and Wines. WINGS Signal corps, 1867i. WIRELESS TELEGRAPHY See Radiotelegraphs. WISCONSIN Admiralty causes, 1105. Cºnal Warrants, where returnable, Deputy district clerks, 1105. District clerks, 1105. District court terms, 1105. Indian land, provisions as to sale of tim- ber on unallotted lands not to apply to, 4230. Judicial districts, 1105. Marshals, 1105. Deputy, 1105. Mineral lands, bona-fide entries on, may be patented, when, 4653. Exempt from certain provisions of mining laws, 4653. Open to sale and pre-emption, 4653. Permanent appropriation for payment of percentage of proceeds of public lands in, 6799(42). Transcript into new books of records of district court in, 1510. Writs and process, where returnable, 1105. WISCONSTN RIVER, Tolls and revenues from improvements, disposal of, reduction in, 9845. WITHDRAWAL See Public Lands. Bids for carrying mail, 7432. Circulating notes of national banks, 9707– Collateral deposited for protection of Fed- eral reserve notes, 9799 (6). Merchandise from bonded warehouses for rewarehousing, 5685. Merchandise from warehouses for ex- portation to Mexico, 5687-5689. t National bank capital prohibited, 9766. Notices of lands irrigable under reclama- tion act, 4.737. Pººl savings deposits, 7584, 7587, 7588, State banks from membership in federal reserve banks, 9792(8). WITNESSES iSee Cowrt of Claims ; Courts Martial ; Courts of Inquiry : Depositions ; Doo- ºw’ments Oaths ; Subpoena ; Subpoe- 7td duces tectum. Absence of homestead entrymen, 4532c. Accepting bribe, 10304. : Application for admission to citizenship, 4352(4). Arbitration between carriers and em- ployés, 8670. Attachment for, etc., 1493. Attempting to influence, 10305. Attendance, bankruptcy proceedings, 9605. Hearings to determine heirs of de- ceased Indian allottees, Secretary of Interior’s power, 4226b. Immigration inspectors, 4289%i. Income tax proceedings, 6336s. Proceedings in equity for enforcement of tariffs of carriers, prohibition of discriminations, etc., 8599. Suits by poor persons, 1628. Supervising inspector of steam ves- sels, 82.14c. Taking depositions, de bene esse, 1472. prosecution of bigamy, IPage 2380] WITNESSES (Cont'd) Auditor of Porto Rico, fore, 3803gg. Authenticated copies of ords and papers, 1494. Bankruptcy proceedings, 9605. Attendance and contempt before ref- erees, 9625. Behalf of United States, 1488. Boards to determine compensation of fed- eral controlled transportation systems, 31.15%.C. Bribe, acceptance, 10304. Bureau of War Risk Insurance, 514kkkk. Capital crimes, persons indicted for may compel witnesses, 1700. º rights, conspiracy to intimidate, 3933 proceedings be- department rec- Claims against U. S. pending in Execu- tive Departments or Bureaus, assist- ance of counsel, 269. Compelling testimony, 268. Fees, 267. Subpoenas, 266. Commission on Industrial Relations, 8914. Competency, defendants in Criminal cas- es, 1465. Determined by state laws, 1464. Husband and wife, bigamy, etc., 1466. Immigration offenses, 4289%bb. Indians, proceedings to forfeit liquors found in Indian country, 4141. viola; of liquor laws, in Alaska, 3643i. In District of Columbia, 342134 e. Congressional investigations, 155-159. Failure to testify, proceedings against, Fees, 160. Oaths, by whom administered, 155, 156. Privilege, 158. Refusal to testify, punishment, 157. Conspiracy to intimidate, 3933(2), 10306, Consular courts, oaths of, 7662. Contempts, 1245. Bankruptcy proceedings, referees in bankruptcy, 9625. Failure to appear before immigration inspectors, 4289%i. Proceedings before boards to deter- mine compensation of federal con- trolled transportation systems, 31.15% c. Contested elections of members of House of Representatives, 163-185. Cross-examination, Court of Claims, 1160. Depositions, see Depositions. Destruction of forfeited apparatus for distilling spirits, 6129. Disbursement of money to Indians in ful- fillment of treaty stipulations, 4058. District judge, disqualification, 987. Examination, actions at commön law, 8 By employés of Bureau of Mines, 31.15%jj. Seaman’s claims, 8344. Search warrants, 10496%d. By Secretary of Agriculture, 795aa. Examiners in connection with physical Valuation of property of common car- riers may examine, 8591. IExpenses of Clerks, etc., of United States sent away as witnesses, 1455. Expenses of persons sent from foreign ports, etc., 1456. Federal Trade Commission, production of records, etc., Fees, 1375, 1452. Accused unable to pay, 1489. Aliens detained as witnesses, 4289%j. Bigamy, etc., prosecutions, 3. Certain states and territories, 1453, Certification to by local inspectors of Steam vessels, 8213. Claims against United States, 267. attendance, 8836i. | Before commissioner in criminal case, 1622. - Congressional investigations, 160. Contested elections of members of House of Representatives, 185. Court-martial, 2308a, art. 23; 3036. Court officers, 1454. Depositions, 7622. In District of Columbia, 1485. Prepayment, 1481. Proceedings before Interstate Com- merce Commission, 8576. Proceedings before registers and receivers, 4502. Fºl Trade Commission hearings, 8836i. Master of Chancery as to claims where otherwise indicated.] WITNESSES (Cont'd) Fees (Cont'd) - Indigent defendants, how paid, 1489. Extradition proceedings, payment by United States, 101.14, & Iºtate Commerce Commission, 7. criminal &ases, Letters rogatory for taking testimony for use in foreign countries, 7622. In naval court, 3036. Officers of United States not entitled to, 1454. Patent office, 9452. Payment, 1461. Pension fraud cases, 9075. In Porto Rico, 3803tt. Prize cases, 8425. Before referee to condemn railroad ºt of Way through Indian lands, 4183. Registers and receivers, 4500. Seamen, etc., sent home as, 1456. Steam boat inspection laws, 82.14d. Taxation, 1622, 1624. Territorial courts, 3471. United States Shipping Board, 81.46mm. |United States Tariff Commission, 5326g. War risk insurance act, 514kkkk. Wyoming, 1453. Free transportation, 8563. Immunity in proceedings under interstate commerce and anti-trust laws to extend only to natural persons, 8580. Incriminating testimony, compelling pro- hibited (Const. a.m. 5). Cotton futures tax violations, effect, 6309q. - - Examination of jurors, 1265. 8138, Before Federal Trade Commission, 8836i. Philippines, 3810. Porto Rico, 3803a.a. Statements relating to White slave traffic, 8817(3). Violation... of liquor laws, in Alaska, ii. In District of Columbia, 342.1%.e. Indigent defendants in extradition pro- ceedings, 10114. Informers may be, in suits to recover, fines, penalties, and forfeitures, 10137. Interstate Commerce Commission, ap- plicability of laws to attendance of witnesses upon, 8579. Fees and mileage, 8587. Inºisation of safety appliances, 40. Intimidation, conspiracy, 10306. Investigation of interest of applicant for lease, etc., on Hot Spring Reservation, List of to be delivered before trial to per- son indicted for capital offonse, 1699. pending before Congress, 6409, 6410. ** Mileage, 1452. Certain States and territories, 1453. Court-martial, 3036. Depositions, 7622. Federal Trade Commission hearings, 8836i. In Porto Rico, 3803tt. United States Tariff Commission, 5326g. War risk insurance act, 514kkkk. Naval courts, depositions, 3038. Naval examining board, oath, 2692. Oaths, see Oaths. oº::s and informers in customs cases, Officers of United States, when not enti- tled to fees as, 1454. Patent office cases, disobedience to sub- - pCena or refusal to testify, excuse, 9453. Fees, 9452. Subpoenas, 9451. Penalties for conspiracy to deprive or in- jure in violation of civil rights laws, 3933(2). Petition for admission * to 4352(2). Place of attendance, 1487. Porto Rico, compulsory powers, 3803a.a. Fees, 3803tt. Incriminating testimony, 3803a.a. Mileage, 3790, 380.3tt. Right of accused to confront, 3803aa. citizenship, GENERAL INDEX WITNESSES (Cont'd) Prize cases, 8395, 8401. Custody, 8397. Fees, 8425. Privilege, no privilege to witness appear- ing before United States Tariff Com- mission, prohibition of prosecution, 5326g. Recognizance, 1490. Prosecution for bigamy, etc., 1493. Rºn by committing magistrate, 674. wºrses on behalf of United States, Referees to condemn railroad right of Å; through Indian land, office, etc., 3 Registers and receivers, 4499-4503. Fees, 4500. - Subpoenas, 4499. Removal of imprisoned, to district where trial to be had, 1674. Seamen sent home as, compensation, 1456. SeaWorthiness of vessel, 8350. Special agents of examiners employed by Interstate Commerce Commission may examine, 8592. Steam boat inspection laws, fees, 8138. Substitutes for postal clerks subpoenaed as witnesses, 7246. - Taxation, included in judgment, 1624. Criminal cases before commissioners Of circuit court, 1622. Territorial courts, fees, 3471. Testimony, before congress not admissi- ble in criminal prosecution, 1467. Before Interstate Commerce Commis- Sion, not excused by tendency to criminate, testimony not to be used in criminal proceedings, 8573. Regarding cotton futures tax viola- tions, not excused because testimony incriminates but no prosecution for such offense, 6309q. |United States as party, how paid, 1461. United States Shipping Board, attend- ance, fees, etc., 81.46mm. |United States Tariff Commission may call and examine, 5326g. i Vermont, how taken in, 1491. Wyoming, fees and mileage, 1453. WOMEN Accompanying troops as laundresses for- bidden, 2019. w” Admission to practice in Supreme Court of United States, 1232. - Citizenship, 3946, 3948. American women marrying foreigners, Foreign women marrying citizens, 961 Clerkship in Executive Departments, 243. Employment as customs inspectors, 5767. Importation for purpose of prostitution, 4247. - Laundresses not to accompany troops, 2019 Masculine gender includes, 1. Post-Office Department, salaries, 572. Preference in employment under food, etc., conservation act, 31.15%d. Suffrage, Hawaii, 3704a–3704d. WOOD, AND MANUFACTURERS OF Customs duties on, 52910168-176). Imported, bonded warehouse for, 5642. Purchased for public service in District of Columbia, inspection and measure- ment, 6838–6840. • - WOOLS - Customs duties on, 5291ſ286-310). Imports, appraisal, packages appraised at Value of best article, 5607. Appraisal of different qualities Same bale or invoice, 5608. sºles deposited in customs houses, in Time for unloading from vessel, 5573. Vº laten with, consigned for orders, WORDS AND PEIRASES Active service, 30.78%aa. Acts to regulate commerce, 8836d (4). Actual market value, 5599. Actual presence for duty, 1999c. Adjudication, 9585. Admission, 6309%a. Adopted, 8932ee. t Adoption, 8932ee. Adulterated, 8717, 8723, 8745, 8771. Affixed, 9515. Agreement, 8146h. - Agricultural product, 87.47%a. IPage 23811 WORDS AND PHRASES (Cont'd) Alcohol, 5982. Alcoholic liquors, 342134a. Alcoholic spirits, 5982. Allens, 4289%a. Ally of enemy, 31.15%aa. Anti trust acts, 8836d (5). Anti-trust laws, 8835a (1). Appellate courts, 9585. Applicant, 9515. Army, 2813e. Article of war, 2813e. Associate nation, 10212h4/16. ASSociation, 5, 8836%a. Author, 9583. - Authorized enlisted strength, 2573aa, Ap- pendix p. 1763. Bad debts, 9766. Bank, 7588, 9785. Bank or banks, 31.15%aa. Bankrupt, 9585. Battalion, 2308a, art. 1. Bill, 8604Uu. Billiard room, 5980i. Board, 9785. Bona fide purchaser, 5895. Bowling alley, 5980i. Brokers, 5980b. Brother, 514mmm, 8932ee. 514 mmm, Appendix p. 1738. Burglary, 10110. Business, 6336%a. Camps, station, cantonment, camp, fort, post, officers’ or enlisted men’s club, 28136. Camp, station, fort, post, cantonment, training or mobilization -place, 2813e. Carrier, 8569. Car service, 8563(8). Channel depths and widths, 9870. Child, 514mmm, 8932ee. ,- 514 mmm, Appendix p. 1738. Circuit judges, 1113. Circular, 73.16. Circus, 5980g. Clerk, 9585. Coast artillery, 1729. Collector, 63.36%a. - Commencement of proceedings, 9585. Commerce, 8835a, (2), 8836d(1). Commission, 8932tt. Commissioned Officer, 514 mmm. 514 mmm, Appendix p. 1738. Commissioned service, 1750a. . Commissioner, 514 mmm. 514 mmm, Appendix p. 1738. Common carrier, 8563, 8628, 8663. Common carrier by Water, 8146a. Common carrier by Water in foreign com- merce, 8146a. - 8146a, Appendix p. 1789. Common carrier by Water in interstate commerce, 8146a. 8146a, Appendix p. 1789. Company, 5, 2308a, art. 1. Conceal, 9585. Consignee, 8604uu. Consignor, 8604 ulu. Construction, 7477b. Consul, 3116, 7676, 7696.m. Consular agent, 3116. Consular officer, 3116. Consul-general, 3116. Contract of sale, 6309b. Convention, 10096. Corporation, 6336%a, 8836d (2), 9585. County, 2. Court, 3078%aa, 9585. Courts of bankruptcy, 9585. Creditor, 9585. Custom house broker, 5.980e. Cut, 9517a. - Dams, 9983. Date of bankruptcy, 9585. Date of publication, 9583. Dealer, 6348b. Debts, 9585. . Deferred rebate, 8146gg. Demand deposits, 9801(1). Departments, 233. Desert lands, 4675. Destination, 994. Diplomatic officer, 3116. Discharge, 9585. Distilled spirits, 5982. Distiller, 5981. Distilling material, 5990. District, 9785. Dividends, 6336bſa.], 6336j, 6336Z. T}ocument, 9585. Documentary evidence, 8836d (3). Documented under the laws of the Unit- ~, ed States, 8146a, Appendix p. 1789. [References are to sections, except where otherwise indicated.] WORDS AND PHRASES (Cont'd) . Domestic, 6336%a. . Drug, 8722. Emoluments, 1398. Employé, 8563, 8630, 8666(3, 4), 8677, 8932tt. End of the war, 31.15%aa. 514i, Appendix p. 1738. Enemy, 31.15%aa. Engraving, 9517a. - Enlisted man, 514mmm, 4678a. 514 mmm, Appendix p. 1738. Enlistment, 514 mmm. 514 mmm, Appendix p. 1738. Executor, 6336%a. - Explosive, 31.15%aa. Export trade, 8836%a. . Extra copies, 7034. - Factory, 3115*/16a. 3115*/16a, Appendix p. Families, 8563. Family, 3052b. - Farm loan bonds, 9835aa. Felonies, 10509. Fighting ship, 8146gg. First mortgage, 9835a.a. Flag, standard, colors or ensign, 3369b. IFolio, 1460. - Food, 8722. Poreign, 6336%a. Foreign commerce, 8647, 8812. Foreign government, 76780. Fungicide, 8770. Goods, 8604uu. Grandchild, 514 mmm, 8932ee. 514 mmm, Appendix p. 1738. Hazing, 2747. Hoarded, 31.15%gg. Holder, 8604uu. Holiday, 9585. Hydraulic mining, 10012. Ingredients, 31.15%b. In interstate or foreign commerce, 87.47%. Injury, 514 mmm. 514 mmm, Appendix p. 1738.* Inland Waters, 7974. Insecticide, 8770. Insolvent person, 9585. Insured, 3078%g. InSurer, 3078%g. t Interstate commerce, 8647, 8812. In the naval service, 2869a. Intoxicating liquors, 3643b. 1771. | Judge, 1113, 9585. Justice of a circuit, 1113. Lawful money, 9726. Lawful money of the United States, 9726. Lead arsenate, 8770. r Liquor, 3643b. Lowest passenger deck, 7997. Man, 514 mmm. 514 mmm, Appendix p. 1738. Manufacturer of smoking opium, 6287a. Market value, 5521. - Master, 5464, 8392, 10096. Material, 3115/16a, 3115/16d. Member bank, 9785. Merchandise, 5462. Military, 2813e. Military or naval forces, 514mmm. 514 mmm, Appendix p. 1738. Military service, 3078%aa. Mining by hydraulic process, 100:12. Ministers, 7676. Misbranded, 8724, 8772. Monthly pay, 8932tt. National bank, 9785. National banking associations, 9785. National trade unions, 8908. Navigable waters, 5083. Net income, 6336bſal, 6336%a. Nursery stock, 8757. Oath, 9585. Obligation or other security of the Unit- ed States, 10317. Officer, 2308a, art. 1, 9585. Order, 8604uu. Order Bill of Lading, 8604b. Ordinary live stock, 8604a. Other persons subject to this act, 8146a. 8146a, Appendix p. 1789. Overtaking vessel, 7863, 7898. Owner, 8392, 9515. Parent, 514 mmm, 8932ee. 514mmm, Appendix p. 1738. Paris green, 8770. - Parish, 2. Pawnbrokers, 5980c. Pay, 514 mmm. 514 mmm, Appendix p. 1738. Pelagic sealing, 8849. - Period of military service, 30.78%aa. GENERAL INDEX [Page 2382I [References are to sections, except where otherwise WORDS AND PHRASES (Cont'd) Person, 30.78%aa, 3.115*/16a, 3115*/16d, 31.15%.cc, , , 31.15%p, 311.5%bb, 31.15%aa, 31.15%d, 4289%tt, 5554, 5896, 6287g, 6309b, 6336%a, 6336%a, 7628h, 7847%, 8146a, 8146t, 8604uu, 8728, 87.47%a, 8763, 8776, 8818, 88.19ſ, 8830, 8835a (3), 8836l, 8849, 9515, 9585, 9967, 9983, 10096, 10511. - 3.115*/16a, 8146a, Appendix pp. 1771, 1789. Person against whom a petition has been filed, 9585. - - Persons in military service, 30.78%aa. Persons subject to military law, 2308a, art. 2. Petition, 9585. Petty officers, 2562. Physicians, 8932tt. Plant, 3115*/16d. Policy, 3078%g. Port, 5463, 7759. Premium, 30.78%g. Prewar period, 6336%a. Principal, 10506. Print, 9517a. Printed matter, 7317. Private bill, 7025. Prolonged blast, 7853, 7888. Properly maintained, 7477b. Proportional rates, 8569. Protection, 8837. Pugilistic encounter, 10494. Purchase, 8604uu. Radio communication, 10.105. Railroad, 8563, 8630, 8666(2), 8677. Receipt, 8747%a. Referee, 9585. Registrant, 9515. Regular army, 1716. Reserve bank, 9785. Petail, 6204a. - - Rural post roads, 7477b. Sailing vessel, 7835, 7873, 7911, 7943. Sail-vessel, 7911, 7943. - Seal, 6. ' Seaman, 428914a, 8392, 9190. Sea service, 2859. Secured creditor, 9585. Securities, 31.15%pp. Ship, 3115/16a, 3115*/16d. 31.151/16a, Appendix , p. 1771. Ship brokers, 5980d. Ship yards, 8146t. - Shore duty beyond seas, 2821. Short blast, 7867. Signature or subscription includes mark, 10511. Sister, 514mmm, 8932ee. 514 mmm, Appendix p. 1738. Smuggling, 5798. Soldier, 2308a, art. 1. South and southwest passes, 9931. State, 63.360, 8604 ulu. - 9188% (h), Appendix p. 1797. State highway department, 7477b. State or territory, 3042. States, 9515, 9585. Statutes, 1, 2. Steam vessel, 7835, 7873. 7911, 7943. Steerage passenger, 7997. Straight Bill of Lading, 8604aaaa. Successors and assigns of such company Or association, 5. - Taxable year, 6336%a, 63.36%a. Termination of the war, 3078%aa. Territory, 3044d, 7588, 8728, 8776, 88.18. Theater, 5.980f. The beginning of the war, 31.15%aa. This title, 1270, 10511. Time deposits, 9801(1). Time of bankruptcy, 9585. Ton, 5636. - To trade, 31.15%aa. Trade, 6336%a. Trade-mark, 9515. Trade within the United States, 8836%a. Transfer, 9585. Transportation, 8563, 8666(2), Trustee, 9585. Under way, 7835, 7873, 7911. Unfit for seeding, 8746. Jnited States, 3115*/16a, 3115*/ied, 31.15%aa, - 4289%a, 63360, 6336%a, 6336%a, 6336%a, 7628h, 9515, 10212h4/16, 10514a. 3115*/16a, Appendix p. 1771. United States bonds, 9698. Usual number, 7022. Value, 5599. Vehicle, 4. Vessel, 3, 8392, 10096. 8146a, Appendix p. 1789. Vessels of Navy, 8394. Vessels of United States, 8057, 10483. WORDS AND PHRASES (Cont'd) Vice-consul, 3116. Visible, 7836, 7874, 7912. Waiver, 9585. Warehouse, 87.47%a. - Warehousemen, 87.47%a. War material, 3115*/16a, 10212h4/ie. 3115*/16a, Appendix. p. 1771. War premises, 10212h4/16. War utilities, 10212.h4/1a. | Whoever, 10511. Wholesale price, 5599. Widow, 514qqqq, 8932ee. Widower, 8932ee. Words used in masculine gender include feminine and neuter, 342.1%r, 3643qq, 8932tt, 9585, 10511. - - Words used in present tense include the future, 105.11. - Words used in singular number include plural and the plural the singular, 31.15%p, 3421%r, 3643qq, 8932tt, 9585, 10511. Writing, 10511. WOREKMEN See Laborers. Armories, 3079. Armories and arsenals, exemption from militia duty, 3043. Exemption from service as juror, 3088. Misconduct, 3087. Assay offices, 6532. New York, appointment, salary, 6529. Detail of soldiers, 2007. Executive departments, salaries, 246. Mints, wages of, 6435. Navy yards, 2792, 2793. Skilled, government printing office, 7009. WORKMEN’S COMPENSATION ACT See Employe’s Compensation Act. cºrrent jurisdiction of federal courts, Jurisdiction of district courts, 991(3). WORK SHOPS See Child Labor. “Shipyard” includes, WORM - See Distilled Spirits and Wines. spººl tax on, to be paid by stamps, 8146t. T; Space around, and elevation of, 7. WORMI-TOE See Distilled Spirits and Wines. Destruction of after forfeiture in certain cases, 6129. WORTS See Distilled Spirits and Wines. Not to be made on Sundays, 6024. Unfermented, sold by one brewer other, how taxed, 6158. WRECKING VESSELS Officers, minimum number, 8226. WRECKS See Life-Saving Service. Assistance to vessels in United States waters, 7988. Contracts for preservation, for United States, 6952. Florida coasts, property brought to Unit- ed States, 7985. g International agreement for reporting and removing authorized, 7989. Investigation of shipwrecks by life-sav- ing service, 8464. License to wreckers on Florida, coast, 7987. - - Light vessels, etc., placed over, 8452. Naval vessel, authority of officers after loss, 2981. Owner to mark and remove from navi- gable channel, abandonment, 9920. Penalty for failure, 99.21. Plundering wrecked vessel, 10470. Powers of keepers of life saving sta- tions, 8531. Railroads, hours of service of employés in case of, 8679. Mºs of honor for preventing, 8649, Registration or enrollment when pur- chased by citizens, 7714a. Reimbursement of lighthouse to an- Sale, etc., keepers, etc., for supplies furnished shipwreck- ed persons, 8449. Removal, from Mississippi river, 9895. Ohio River, 9898 By Secretary of War, 9924, 9925. Revenue vessel for destruction, etc., of, * 8459%b (51). | Navy department, indicated.] - WRECKS (Cont'd) f - United States vessels on foreign coasts, WRITERS . . • employment, appro- priations, 615, 6.15a. + WRITING Includes printing and typewriting, 10511. | Public contracts to be in Writing, 6895. Exceptions, 6895a, Appendix p. 1783. writs - | See Attachment ; Distraint ; Error, Writ of ; Eacecution ; Habeas Cor- pus ; Injunction ; Mandamnus ; Ne Eaceat ; Process ; Scire Facias . Sub- poena, Warrants. Altering, 10297. Circuit courts of appeals, forms of, 1114. Contempt by disobedience to, 1245a. Copy of, to be delivered to sheriff or jailer as authority, etc.; original re- turned, 1694. Court of Customs Appeals, form, 1185. Defendants resident in different districts, 1034. Direction and execution when marshal or deputy is party, 1548. Disobedience, contempts, 1245. Election to fill vacancies in House of Hºsentatives (Const. art. 1, § 2, Cl. 4). ~ Fees of marshal, 1386, 1391, 1392. Supreme Court, 1393. Foreign public ministers and servant thereof penalty for suing out, 7612. Register of names of, 7613, 7614. Void, 7611. Foreign public ministers when issuable, 7613. - Issue by ministers of United States in certain foreign countries, 7640. Matter to be set forth in, where sever- al charges made, or indictments found, against the same person, 1693. Mileage for execution or return of, 1391. Necessity for bringing prisoner into court or remanding, 1696. Power to issue, 1239. Regulations, district courts, 1544. Supreme court, 1543. Removal of prisoners from one district to another, 1695. Scire facias, 1239. Several charges made or indictments found against same person, 1693. Signing and sealing, 1534. Stealing, 10297. Teste, 1534, 1535. United States court for China, authen- tication, 7687. Wisconsin, where returnable, 1105. WYOMING Deputy district clerks, 1106. Deputy marshals, 1106, 5195. Desert lands, sale, 4676. District attorney, 1374. T)istrict clerks, 1106, 1374. District court, appeal to from Yellow- stone Park, commissioner, 5.194. Terms, 1106. District judges, 1374. 5276. TElk refuge, 5277. Elk reserve, Enlarged entries of non-mineral, lands, 4563-4567, 4568a, 4568b. Forest reservations, creation except by acts of congress prohibited, 4524. Grant to, of additional arid lands for reclamation, 4689. Judicial districts, 1106, 1374. Jurors, fees and mileage, 1453. Marshals, 1106, 1374. - Deputy, 1106. For Yellowstone Park, 5195. Process issued by Yellowstone Park commissioner, directed to, 5.194. National forest, creation and, addition by act of congress, 5135. Potash lands, leases, 4640ee. Reclamation of arid lands by United States, 4700-4708. Registers and receivers, missions, 4473. Rights of way of pipe line companies, 4949-4952. - Survey of lands granted to, 4876. Surveyor-general for, 4435, 4440. Salary, 4440. Timber cutting for certain purposes on public lands, 4992. etc., fees and Com- Cütting for removal to Idaho, 4993. GENERAL INDEX WYOMING (Cont'd) Timber cutting for certain purposes on public lands (Cont'd) - Limitations of use of, 4994. Mineral lands, cutting for certain purposes, 4989. WYOMING LAND ACT See Wyoming. Text of act, 711, 4473(10), 4577. YACHTS Bond for license not required, 7805. Commissions to, 9. Duties and powers of Secretary of Treas- ury over, transferred to Secretary of Commerce, 859. - Enrollment in naval coast defense re- serve, 2900%e (2). *:::: and manifest of dutiable articles, Exemption from requirements as to quar- ters for crew, 7734. Foreign yacht club members, exemption from charges, tonnage, ' tax, etc., - censes, 7808. Inspection of hulls and equipment, 8187. Internal revenue tax on, 6309%d. Payment, vendees and lessees in cer- tain cases, 6348b. - Licenses to avoid entry and clearance, Naval architects may examine and copy models, 7807. Provision as to minimum number of deck officers, mates, etc., not to apply to, 8226. - Seamen, act relating to performance of Watches at sea and hours of labor not applicable to, 8363b. Signals of licensed pleasure yachts, 7807. YARDS AND DOCKS See Navy Yards and Stations. Bureau of in Navy Department, 622. Appropriations for, report of expen- ditures from, 649. Assistant to chief of bureau, detail, 42a. Chief, eligibility, 629, 630. Consolidation of power plants at navy yards under, 2801. Employés’ salaries, 614, Panama Canal, 10042. YELLOW FEVER INSTITUTE Bulletins of, number, editions, 7135. YELLOWSTONE NATIONAL PAREK General provisions, 5188-5206. Boundaries, 5188. - Commissioner, appointment, Costs and expenses, 5.198. Duties, 5.194. Fees, 5196. Granting bail, 5194. Issuance of process, 5.194. Jail and office fees, 5199. Jurisdiction, 5.194. Residence, 5.194. 5.194. west PUBLISHING con PRINTERs, st. PAUL, MINN, Boundaries, [Page 2383] YELLOWSTONE NATIONAL PARE (Cont'd) Commissioner (Cont'd) Salary, 5196, 5197. Summary hearings, commitment, 5.194. Control, 5189. Cºnal laws of Wyoming applicable, | Criminal prosecutions, appeals, 5.194. Costs and expenses, 5198. Jurisdiction and powers of commis- Sioner, 5.194. Process, 5.194. Deputy marshals, 5195. Salary, 5196. . . Detail of troops for protection of, 5190. District attorney, salary, 5196. - District courts, appellate jurisdiction of, 1008. Electricity from light and power plant, use by private parties, 5206. Establishment, lºsive privileges prohibited, 5202, Existing laws not repealed, 5200. Fish and game protection, 5189. Forfeiture of guns, traps, ed in taking game, 5193. Fugitives from justice, 5191. Grazing of live stock prohibited, 787f. Hunting and fishing prohibited, 5189, 5193. Jail, 5199. Jurisdiction of United States over, 5191, Leases for building purposes, 5189. Leases of lands for hotels, etc., 5202-5205. Marshal, salary, 5196. Possession of dead bodies of birds or ani- mals, 5193. Regulations, 5189. Reservation, 5.188. Roads, 5189. Extensions, 5201. 5201, Appendix p. 1778. Rules and regulations, 5193. Transportation of game, birds or fish, penalties, 5193. Trespassers, 5188, 5189. YELLOWSTONE NATIONAL PAREK PROTECTION ACT See Yellowstone National Park. Text of act, 5191-5196, 5198-5200. YELLOWSTONE RIVER, Montana, dams for carrying out tion projects, 4750. YEN SHIEE See Opium. YOSEMITE NATIONAL PAREA Additional reserves, 5211. 5209–5214. Changed, 52.14. Claimants and owners of lands included in Sierra. Forest Reserve, 52.13. Control, 52.10. Detail of troops for protection of, 5217. Donation of patented lands or rights of way, acceptance, 52.10a. - Establishment, 5209. etc., UIS- irriga- ... ' \,'ſ {, } e”, W.4 *...* * * º/ TReferences are to sections, except where otherwise indicated.] YOSEMITE NATIONAL PARK (Cont'd) Fish and game, protection, 52.10. Forest reserves in California, to be known as, 5212 Lands conveyed in exchange for timber, etc., to become part of, 52.19. Determination of values, 5219. Lands excluded added to Sierra Forest Reserve, 52.14. Lands segregated from and included in Sierra Forest Reserves, 52.12. Laws applicable to lands included Sierra Forest Reserve, 5213, 52.15. Lease of lands in for hotels, etc., 5222. Appraisement of value on termina- tion of lease, 5222a. Limitation on amount, 5222a. Mortgage by lessee authorized, priori- ty of government, 5222a. Term, 5222a. Leases for building purposes, 52.10. Mºosa Big Tree Grove made part Of, in Previous grants to states and bona fide entries not affected, 5209. Recession of Yosemite valley and Mari- posa Big Tree Grove, 52.14. - Revenues derived from privileges, 5216. Rights of way, 5212. Electrical plants, etc., 4946. Rules and regulations, 52.10. | Segregation of lands from and included in Sierra. Forest Reserve, 5212-5216. Timber, bond for payment of damages from cutting and removal, 5220. Excess of value of land exchanged, 5219. - Mºral deposits, etc., protection, Near roads to be secured in exchange #s timber in other parts of park, 218. Rºlations for cutting and removal, 220 Sale of matured, dead or down tim- ber, 5221. Title to lands privately owned to be se- cured in exchange for decayed, etc., timber, 5218. Trespassers, 5209, 52.10. Yosemite valley and Mariposa Big Tree Grove, made part of, 5214. YOUNG MEN'S CHRISTIAN ASSOCIA- TION - Buildings on military reservations, 1989. *; yards, heat and light for buildings, 02. - Transportation, secretaries, by army transport service, 1977. Traveling secretaries of railroad, 8563. ZINC - Customs duties on, 52910162; 163). ZOOILOGICAL PARKS National, see National Zoological Park. National park, 10588–10591. Parkway connecting Potomac Park and Rock Creek Park with, 3362. milliili UNIVERSITY OF MI . .